Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
January 9, 2023 Agenda Packet
A 1.gnitsil?dehcatta?eht?ni?detacidni?sa?snoissimmocdna?,sdraob?,seettimmoc?suoirav?ot?srebmeM?licnuoC?fo?stnemtnioppa?3202?eht?gnivorppA??.licnuoC?ytiC?eht?fo?drocerlaiciffo?eht?sa?gniteem?licnuoC?, 2202?,21?rebmeceD?eht?fo?oediv?dna?setunim?eht?gnitpeccA????????retsehcoR?fo?ytiC?eht?rof?seitiroirP?dna?,selpicnirP?,noisiV?ecnaigellA?fo?egdelP.etumnu?ot?6*?sserP?nehT?.dnah?ruoy?esiar?ot?9*?sserP? :sgniraeH?cilbuP?ro?tnemmoC?nepO?roF 720261?:edocssaP???????2918?1454?219?:DI?ranibeW???????9976-626-213-1?:llaC???:mooZ?aiv?ni?llaC BYZnGO2/yl.tib//:sptth?:mooZ?aiv?netsiL?dna?nioJ.)teNorteM(?08?len nahC?ro?,)murtcepS(?881?ro?081?slennahC?no?VT?elbaC?:gniteeM?weiV ES?teertS?ht4?151?,rebmahC?licnuoC?retneC?tnemnrevoG?:nosreP?ni?gniteeM?eht?dnettA?:gniteeM?eht?gniweiV?dna?gnidnettA??.m.p?03:63202? ,9?yraunaJnoisseS?ralugeR?-?licnuoC?ytiCadnegA?licnuoC?ytiCsnoissimmoCdna?,sdraoB?,seettimmoC?suoiraV?ot?stnemtnioppA?launnA?licnuoC?ytiC?retsehcoR.2.F2202?,21?rebmeceD?fo?gniteeM?licnuoC?ytiC?eht?ro f?setuniM.1.F adnegA?tnesnoC.FadnegA?fo?redrO.EtropeR?s'royaM.DtropeR?s'rotartsinimdA?ytiC.CllaC?lloR/redrO?ot?llaC.B?.mooZ?aiv?ni?llaC?ro?nosreP?nI?pu-ngiS.1.A.enilno?senilediug?doirep?tnemmoc?nepo? eht?weiV doireP?tnemmoC?nepO. F 2?.5202?,13?rebmeceD?gnidne?mret?raey-eerht?dnocessiht?ot?detnioppaer?si?namthgiW?dlanoR?:yletaidemmi?evitceffe?slaeppA?fo?draoB?gninoZ?.11?.5202?,13?rebmeceD?gnidne?mret?raey-eerhtdnoces?sih?ot?de tnioppaer?si?enyaW?truK?:yletaidemmi?evitceffe?slaeppA?fo?draoB?gninoZ?.01?.5202?,13?rebmeceD?gnidne?mret?raey-eerhtdnoces?sih?ot?detnioppaer?si?muyoB?sneJ?:yletaidemmi?evitceffe?slaeppA?fo?draoB?gni noZ?.9.6202?,13?rebmeceD?gnidne?mret?raey-ruof?dnoces?sih?ot?detnioppaer?si?nedroG?tterB?:yletaidemmi?evitceffe?draoB?ytilitU?cilbuP?.8?.5202?,13?rebmeceD?gnidne?mret?raey-eerht?tsrif?sih?otdetnioppa er?si?tdrahrebE?noraA?:yletaidemmi?evitceffe?noissimmoC?gninoZ?dna?gninnalP?.7?.5202?,13?rebmeceD?gnidne?mret?raey-eerht?tsrif?reh?otdetnioppaer?si?drofwarC?ennaoJ?:yletaidemmi?evitceffe?noissimmoC?g ninoZ?dna?gninnalP?.6?.5202?,13?rebmeceD?gnidne?mret?raey-eerht?dnoces?sih?ot?detnioppaersi?yarruM?hpesoJ?:yletaidemmi?evitceffe?noissimmoC?yrosivdA?elcyciB?dna?nairtsedeP?.5.5202?,13?rebmeceD?gnidne ?mret?raey-eerhtdnoces?reh?ot?detnioppaer?si?snevetS?newG?:yletaidemmi?evitceffe?noissimmoC?ygrenE?.4?.5202?,13?rebmeceD?gnidne?mret?raey-eerht?dnoces?sih?ot?detnioppaer?si?osdI?navI?:yletaidemmi?evi tceffe?noissimmoC?ygrenE?.3?.5202?,13?rebmeceD?gnidne?mret?raey-eerht?dnocesreh?ot?detnioppaer?si?oirelaV?levsiL?:yletaidemmi?evitceffe?tisnarT?no?yrosivdA?snezitiC?.2?.5202?,13?rebmeceD?gnidne?mret? raey-eerht?dnocesreh?ot?detnioppaer?si?mmarhcS?ycarT?:yletaidemmi?evitceffe?tisnarT?no?yrosivdA?snezitiC?.1?:eht?ot?stnemtnioppaer?royaM?gniwollof?eht?gnivorppA??.5202?,13?rebmeceD?gnidne?)nosnegroJ? .K?gnicalper(?mret?raey-eerht?tsrif?sihot?detnioppa?si?tsirdnA?ymereJ?:yletaidemmi?evitceffe?noissimmoC?gninoZ?dna?gninnalP?.01.4202?,13rebmeceD?no?gnidne?evitatneserper?PCAAN?eht?sa?edebgelE?.W?fo?m ret?deripxenu?ehtllif?ot?detnioppa?si?releehW?lihP?:yletaidemmi?evitceffe?noissimmoC?thgisrevO?yciloP?eciloP?.9.5202?,13?rebmeceD?gnidne?)sperK?.D?gnicalper(?mret?raey-eerht?tsrif?sihot?detnioppa?si? ildeirF?regoR?:yletaidemmi?evitceffe?noissimmoC?thgisrevO?yciloP?eciloP?.8?.5202?,5?hcraM?gnidne?hceeB?.C?fo?mret?deripxenueht?llif?ot?detnioppa?si?naharT?darB?:yletaidemmi?evitceffe?noissimmoC?ecivr eS?liviC?eciloP?.7?.5202,13?rebmeceD?gnidne?)rentragmuaB?.S?gnicalper(?mret?raey-eerht?tsrif?sih?ot?detnioppasi?xoF?rednaxelA?:yletaidemmi?evitceffe?noissimmoC?yrosivdA?elcyciB?dna?nairtsedeP?.6?.520 2,13?rebmeceD?gnidne?)kceB?.B?gnicalper(?mret?raey-eerht?tsrif?reh?ot?detnioppa?si?accoR-ybsgirG?annavoiG?:yletaidemmi?evitceffe?noissimmoC?yrosivdA?elcyciB?dna?nairtsedeP?.5.5202?,13?rebmeceD?gnidne ?5?draW?rofmret?raey-eerht?tsrif?sih?ot?detnioppa?si?nnamkcaT?celA?:yletaidemmi?evitceffe?draoB?cisuM?.4.5202?,1?.naJ?gnidne?diaS?.R?fo?mret?deripxenueht?llif?ot?detnioppa?si?eG?)alegnA(?nehcoaiX?:yl etaidemmi?evitceffe?draoB?yrarbiL?.3?.6202?,1?yraunaJ?gnidne?)enoicsA?.A?gnicalper(?mretraey-eerht?tsrif?reh?ot?detnioppa?si?enyaP?assileM?:yletaidemmi?evitceffe?draoB?yrarbiL?.2?.5202?,13?rebmeceD?g nidne?)noslraC?.M?gnicalper(?mret?raey-eerht?tsrif?sihot?detnioppa?si?reipaN?werdnA?:yletaidemmi?evitceffe?noissimmoC?noitavreserP?egatireH?.1:eht?ot?stnemtnioppa?laroyaM?gniwollof?eht?gnivorppA?snoi ssimmoC?dna?sdraoB?ot?stnemtnioppaeR.4.FsnoissimmoC?dna?sdraoB?ot?stnemtnioppA.3. F 3?.0176J?.oN?tcejorP?-?liarT?salguoDgnola?WN?tS?ht7?dna?WN?tS?ht51?neewteb?yratubirT?keerC?edacsaC?fo?noitazilibatS?lennahC?rof734,145$?fo?tnuoma?eht?ni?seinapmoC?uaedaN?htiw?tcartnoc?a?gnivorppa?n oituloseR?a?gnitpodA?.)erawtfoS?weiveR?ecnamrofreP(?tcennoC?SIRH?negolaHdna?ecnamrofreP?ecapStnelaT?abaS?ot?ssecca?deunitnoc?rof?,4202?,3?yraunaJ?-?3202?,4?yraunaJmorf?87.111,65$?fo?tnuoma?eht?ni?,cn I?erawtfoS?abaS/enotsrenroC?htiw?tcartnoc?a?gnizirohtuA?".deen?tsetaerg?fo?aera?eht?ni?stroffe?\]ruo\[y?troppus?ot"?desu?eb?ot?,)DFR(?tnemtrapeDeriF?retsehcoR?eht?ot?005$?fo?tnuoma?eht?ni?retneC?laci deM?detsmlO?morf?noitanod?a?gnitpeccA?.3?.oNnoitatS?eriF?ta?desu?eb?ot?llim?pets?a?fo?esahcrup?eht?drawot?desu?eb?ot?,)DFR(?tnemtrapeD?eriFretsehcoR?eht?ot?005,3$?fo?tnuoma?eht?ni?noitadnuoF?mudeW?.A .J?eht?morf?noitanod?a?gnitpeccA?.seitiruceS?fo?tnemngissA?3202?eht?gnivorppa?noituloseR?A?.3.serutangiS?elimiscaF?fo?noitazirohtuA?3202?eht?gnivorppa?noituloseR?A?.2.seirotisopeD?fo?noitangiseD?3202 ?eht?gnivorppa?noituloseR?A?.1?:gnitpodA??.3202?,1?yraunaJ?evitceffe?senilediug?)SRI(?ecivreS?euneveRlanretnI?gnignahc?eht?hctam?ot?elim?rep?stnec?5.56?ot?esaercni?etar?egaelim?a?gnivorppA?.steerts?s uoirav?no?snoitcirtser?gnikrap?dnemaot?kooB?noituloseR?gnikraP?dna?ciffarT?evisneherpmoC?eht?gnidnema?noituloseR?a?gnitpodA?.22.382,863,81$fo?elbayap?stnuocca?dna?81.522,020,04$?fo?sesahcrup?tnemtsev ni?gnidulcni?,04.805,883,85$fo?tnuoma?eht?ni?,3202?,9?yraunaJ?rof?stnemesrubsid?latot?fo?gnitsil?eht?gnivorppA?.stnemtraped?larrefer?yb?slavorppa?lluf?dna?noitamrofnideriuqer?lla?fo?noissimbus?ot?tce jbus?,stimrep?dna?sesnecil?wen?no?snoitca?dednemmocereht?gnidulcni?,detneserp?sa?troper?esnecil?lluf?eht?gnivorppa?noituloseR?a?gnitpodA?0176J?.oN?tcejorP?-?liarT?salguoD?gnola?WN?tS?ht7?dna?WN?tS?ht 51?neewtebyratubirT?keerC?edacsaC?fo?noitazilibatS?lennahC?rof?seinapmoC?uaedaN?htiw?tcartnoC.31.FerawtfoS?tnemeganaM?ecnamrofreP?rof?.cnI?erawtfoS?abaS/enotsrenroC?htiw?tcartnoC.21.FretneC?lacideM?d etsmIO?morf?noitanoD.11.FnoitadnuoF?mudeW?.A.J?eht?morf?noitanoD.01.FseitiruceSfo?tnemngissA?dna?,noitazirohtuA?tnemtsevnI?&?erutangiS?elimiscaF?,tisopeD?3202.9.FetaR?egaeliM?desiveR?3202.8.F3202?,9? yraunaJ?rof?snoitacoL?suoiraV?ni?segnahC?noitcirtseR?gnikraP.7.F3202?,9?yraunaJ?rof?elbayaP?stnuoccA.6.F3202?,9?yraunaJ?rof?stimreP?dna?sesneciL.5. F 4.)lairtsudni-laicremmoc(?1-M?ot?)lairtsudni(?2-M?morf?,WNdR?ttocS?6502?ta?detacol?,etis?erca-59.2?a?no?noitacifissalc?pam?gninoz?eht?dnema?ot?,CLL?,dnEtseW-pohS?ehT?yb?,CZ900-2202DC?.oN?tnemdnemA? paM?gninoZ?rof?ecnanidrO?na?gnivorppA?.WN?evA?ht05?fo?tsew?dna?WN?tS?ts15?fo?htuos?detacol?,serca?22.6?no?tol?aera?nommoc?eno?dnastol?laitnediser?ecnamrofrep?62?fo?noisividbus?eht?rof?,snoitidnoc?owt ?htiw?,salliV?slliH?dnalhgiHfo?sdnoP?ehT?sa?nwonk?eb?ot?,TALP030-2202DC?.oN?talP?laniF?gnivorppa?noituloseR?a?gnitpodA?.%5.4?fo?etar?tseretni?na?htiw?sraey?evif?fo?doirep?a?revo?dessessa?riaper?tneme calperklawedis?rof?stnemssessa?desoporp?gniniamer?eht?gniyvel?noituloseR?a?gnitpodA?.3.2202?,32?yraunaJ?no?gniteemlicnuoC?eht?ot?ylno?slecrap?delaeppa?detarapes?eht?rof?gniraeh?cilbup?eht?gniunitnoC? .2.noitaredisnoc?lanifrof?,2202?,32?yraunaJ?no?gniteeM?licnuoC?eht?ot?stnemssessa?delaeppa?esoht?gniunitnocdna?llor?tnemssessa?eht?morf?stnemssessa?delaeppa?fo?noitarapes?eht?gnitceriD?.1???.mooZ?aiv ?ni?llaC?ro?nosreP?nI?pu-ngiS?.enilno?senilediug?gniraeh?cilbup?eht?weiV senilediuG?gniraeH?cilbuP.noitiddA?rebeW?sa?dettalpytreporp?eht?nihtiw?stnemtrapA?pohsiB?sa?ot?derrefer?xelpmoc?tnemtrapa?na?f o?tnempolevedeht?rof?CLL?,gnissorC?ekaL?revliS?htiw?tnemeerga?tnempoleved?etis?laudividni?na?gnizirohtuA??.margorp?flog?lapicinum?eht?niatsus?ot?troppusyvel?xat?tnetsisnoc?dna?segnahc?eef?rof?draoB?k raP?eht?morf?noitadnemmocer?eht?gnitpeccA??.erawtfos?)SIG(?smetsyS?noitamrofnI?cihpargoeGrof?sraey?eerht?revo?057,531$?fo?tnuoma?eht?ni?laweneR?tnemeergA?esirpretnE?tnemnrevoGllamS?ediw-ytiC?eht?ot?n oitubirtnoc?gnirahs-tsoc?tnemtrapeD?skroW?cilbuP?eht?gnivorppA?.7301J?.oN?tcejorP?-trA/CCM?noitisnarT?ygrenE?gnidliuBnwotnwoD?eht?ot?detaler?slairetaM?tpmexE?xaT?selaS?desahcrup?renwo?rof?31.480,418$ fo?tnuoma?eht?ni?snoituloS?lacinahceM?tsewdiM?ot?tcartnoc?a?gnidrawa?noituloseR?A?.2.7301J?.oN?tcejorP?-?)trA/CCM(retneC?trA/retneC?civiC?oyaM?noitisnarT?ygrenE?gnidliuB?nwotnwoD?eht?ot?detaler,slair etam?elbaxat?dna?robaL?rof?1.oN?etanretla?dna?dib?esab?eht?rof?006,966,2$?fo?tnuomaeht?ni?ynapmoC?noitcurtsnoC?nosrednA-suarK?ot?tcartnoc?a?gnidrawa?noituloseR?A?.1:gnitpodA?CLL?,dnE?tseW-pohS?ehT?yb ?CZ900-2202DC?.oN?tnemdnemA?paM?gninoZ.3.GsalliV?slliH?dnalhgiH?fo?sdnoP?ehT?sa?nwonk?eb?ot?TALP030-2202DC?.oN?talP?laniF.2.GriapeR?dna?tnemecalpeR?klawediS-?segrahC?laicepS?diapnU?fo?sexaT?htiw?noit celloC?rof?noitacifitreC?rof?gniraeH?cilbuP.1.G sgniraeH?cilbuP.G tcejorP?stnemtrapApohsiB?-?CLL?,gnissorC?ekaL?revliS?htiw?tnemeergA?tnempoleveD?etiS?laudividnI.71.FmargorP?floG?lapicinuM?:noitadnem moceR?draoB?kraP.61.F?laweneR?tnemeergAesirpretnE?tnemnrevoG?llamS?ediw-ytiC?.cnI?,etutitsnI?hcraeseR?smetsyS?latnemnorivnE.51.F7301J.oN?tcejorP?-?retneC?trA/retneC?civiC?oyaM??ygrenE?gnidliuB?nwotnw oD?:drawA?tcartnoC.41. G 5???.ecnanetniaM?riapeR?dna?tcirtsiD?tnemevorpmIklawediS?ot?detaleR?1.6-9?retpahC?gnitaerc?dna?;ecnanetniaM?riapeR?dna?klawediS?ot?detaleR6.9?retpahC?;riapeR?dna?noitcurtsnoC?rettuG?dna?bruC?dna?ya wevirD?klawediS?ot?detaleR5.9?retpahC?)OCR(?secnanidrO?fo?edoC?retsehcoR?eht?gnidnema?ecnanidrO?na?gnitpodA?.yrotnevnI?ytreporP?cirotsiH?eht?morf?seitreporp?fo?lavomer?dnatnemecalp?gnidrager?)CDU(?ed oC?tnempoleveD?deifinU?eht?gnidnema?ecnanidrO?na?gnitpodA??.tnemeganam?esaerg?dna?,slio?,staf?ot?detaler?01-5-21?.ceS?hguorht?3-5-21?.ceS?secnanidrOfo?edoC?retsehcoR?eht?gnidnema?ecnanidrO?na?fo?gnid aer?tsrif?eht?gnilif?dna?gnivieceR????.laitnediser?ytisned-muidem?ot?laitnediser?ytisned-wol?morf,ES?evA?ht63?114?dna?704?ta?detacol?,etis?erca-26.0?a?no?noitacifissalc?pam?esu?dnal?eht?dnemaot?,noit curtsnoC?dnaloB?yb?,APUL500-2202DC?.oN?tnemdnemA?nalP?esU?dnaL?gnivorppA?.)laitnediser?ytisned-muidem(?3R?ot?)laitnediser?ytisned-wol(?2R?morf?,ES?evA?ht63114?dna?704?ta?detacol?,etis?erca-26.0?a?no? noitacifissalc?pam?gninoz?eht?dnema?ot?,noitcurtsnoCdnaloB?yb?,CZ800-2202DC?.oN?tnemdnemA?paM?gninoZ?gnizirohtua?ecnanidrO?na?gnivorppA?tnemnruojdA.NssenisuB?rehtO.MsmetI?delbaT.L margorP?tcirtsiD?tn emevorpmI?klawediS.2.KD.050.005.06?dna?,050.005.06?,1-10.005elbaT?B.010.005.06?,C.040.002.06?snoitceS?-?tnemdnemA?txeT?edoC?tnempoleveD?deifinU.1.K sgnidaeR?dnoceS?ecnanidrO.K tnemeganaM?esaerG?dna?, sliO,staF?ot?detaleR?5-21?retpahC?secnanidrO?fo?edoC?retsehcoR?ot?stnemdnemA?ecnanidrO.1.J sgnidaeR?tsriF?ecnanidrO.JsnoitcA?detaitinI?licnuoC.IsnoitadnemmoceR?dna?stropeR.H noitcurtsnoC?dnaloB?yb?AP UL500-2202DC?.oN?tnemdnemA?nalP?esU?dnaL.5.GnoitcurtsnoC?dnaloB?yb?CZ800-2202DC?.oN?tnemdnemA?paM?gninoZ.4. Organizational 6 Principles effective,?and?re?ect?our?Foundational• Service delivery is optimized, costand easy to navigate• Operations are sustainable, integrated,identi?ed?by?community changing demographics and needs•??The?organization?and?Services?re?ect that provide access and equity• Cultural and Recreational opportunities Areas of Focus indicators that help advance priorities.goals, actions and performanceAction Plans will be developed to identify Action Plan and community values •??Adopt?design?guidelines?that?better?re?ect?Council????re?ect?future?pr ojections Comprehensive Plan to ensure current decisions • Develop implementation tools and strategies for allocations, and city revenue to effectively allocate DMC resources, Legislative • Establish competitive and sustainable approach and community values ???development?partners?in?de?ning?city?leadership? • Create clarity, alignment and unity with economic Areas of Focus and amenities • Access to opportunities incentives landscape and creative • Equitable regulatory and access• Transportation options affordability • Housing variety and Areas of Focus Quality LivingQuality Services for Strategic Priority: Growth ManagementEconomic Vibrancy and Strategic Priority: Affordable Living Strategic Priority: to the sustainable and responsible use of public resources.Dedicated both physically and socially.Connected to health and wellness for its people.Committed by its safe and friendly neighborhoods.Characterized for it’s reputation as a center for growth and innovation.Renowned for?the?bene?t?of?all.?It?is?a?welcome?and?diverse?community.and industry thrive, and where the land and environment are renewed and sustained Where residents, employees, and visitors enjoy high quality lof life. Where business is a city that cares. Where all people are treated with dignity and respect. Rochester- Economic Vibrancy and Growth Management- Quality City Services for Quality Living innovative team. A vibrant, compassionate, - Compassion- Social Equity- Public Safety Sustainability - Fiscal Responsibility & Stewardship - Environmental VisionCity Strategic PrioritiesPrinciples Foundational Vision 7 cityclerk@rochestermn.gov2000 or --Questions? Contact the City Clerk’s Office: 507 Rochester, MN 55904 201 4th St SE, Ste 135 City Clerk Send an open comment In the mail to: § person is available, filling out a written open comment form.-When in § publiccomment@rochestermn.govEmail the City by Noon on the day of the meeting § Other ways to submit an open comment/public comment: § not be discussed in this forum.Matters currently under negotiation, litigation, or related to personnel will § section. Items on the agenda for a public hearing may not be discussed in this § A speaker may not yield time to another. § speak at 1 Open Comment Period per month. y only Speakers ma § is exhausted. period Each speaker may speak for up to 4 minutes until the above time § The period lasts for 20 minutes § The following speaker guidelines apply: Council’s regular business meeting. opportunity to address the City Council on a topic of their choice during the The Open Comment Period provides members of the community Open Comment Period M 8 2202?,21?rebmeceD?setuniM?TFARD:stnemhcattA egroFaL?lehcaR:yB?deraperP?.emit?siht?ta?detseggus?snoitca?evitanretla?oN:)s(noitcA?evitanretlA?.troper?ot?tcapmi?lacsif?oN:tcapmI?ecruoseR?&?lacsiF?.g niteem?hcae?rof?detpoda?era?setuniM:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP?.stnemucod?licnuoC?laiciffo?ot?ssecca?fo?esae?dna?ycnerapsnartetomorp?ot?wal?yb?deriuqer?sa?krelC?ytiC?eht?yb?dehs ilbup?dna?detpecca?era?gniteem?yreve?rof?setuniM:tcapmI?IED?&?snoitaredisnoC?yciloP ytiuqE?laicoSgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP?.licnuoC?ytiC?retsehcoR?eht?f o?drocer?laiciffo?eht?era?setunim?ehT:evitarraN?tropeR?.licnuoC?ytiCeht?fo?drocer?laiciffo?eht?sa?gniteem?licnuoC?,2202?,21?rebmeceD?eht?fo?oediv?dna?setunim?eht?gnitpeccA:detseuqeR?noitcA???1.F2202, 21?rebmeceD?fo?gniteeM?licnuoC?ytiC?eht?rof?setuniM NOITCA?ROF?TSEUQER reltsieG?ylleK:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO3202?,9?yraunaJ:ETAD?GNITEE City Council 9 minutes.fourfor speak to speaker remaining the allowto rules the suspend to Motion Speaker 5 handout Speaker 4 handout Speaker 3 handout Speaker 1 handoutupper5. Jason T es Lund 4. W om DeBoer3. T 1. Craig Martens The following persons were called to speak: Open Comment updateSign-up In Person or Call in via Zoom.A.1)doireP tnemmoC nepO)A ision, Principles, and Priorities V retsehcoR fo ytiC eht rof seitiroirP dna ,selpicnirP ,noisiV ecnaigellA fo egdelP :gniteeM eht gniweiV dna gnidnettA None YS:NA Kirkpatrick, Nick Campion, Mark Bransford, Patrick KeaneRaeKelly , PalmerShaun Dennis, Molly Carlson, Brooke YES:A Kelly Rae Kirkpatrick SECONDER:Nick Campion MOVER:MINUTESCity Council ACITY OF ROCHESTER, MINNESOT- December 12, 2022 RESUL 10 DRAFT Minutes December 5, 2022 Cover Pageficial record of the City Council.Council meeting as the of2022,5, December the of video and nutes mithe epted Acc Act:Official Minutes for the City Council Meeting of December 5, 2022 .1)F.9 for discussion.CM Dennis pulled item F adnegA tnesnoC)F 3. Adding H.3 City Administrator's Employment agreement. reviewnce successful Zelms' Administrator of brief a Adding2. .10 to be brought back in early 2023. 1. Removal of F Motion to approve: 3. Adding H.3 City Administrator's Employment agreement as an additional item. 2. Adding Summary to H.2. .10 to be brought back at a later meeting.1. Removal of F The following changes were noted: Official Act: adnegA fo redrO)EtropeR s’royaM)D Council Member Campion was honored for his 8 years of service.tropeR s’rotartsinimdA ytiC)C Mayor Norton was absent.llaC lloR/redrO ot llaC)B The remaining speaker did not speak and the public comments were closed.APPROVED \[UNANIMOUS\]:TRESUL None YS:NA Kirkpatrick, Nick Campion, Mark Bransford, Patrick KeaneRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Kelly Rae Kirkpatrick SECONDER:Patrick Keane MOVER:PresentPatrick KeanePresentMark BransfordPresentNick CampionPresentKelly Rae KirkpatrickPresentShaun PalmerPresentMolly DennisPresentBrooke Carlson StatusAttendee NameAPPROVED \[UNANIMOUS\]:T F 11 Localthe aside setting formally and appeals assessment property Format MeetingsBook Open an 295-22No. Resolution Adopted Act:Official Open Book Meetings Format for Annual Property Assessment Appeals .7)F Cover Pageappraisals currently being conducted.determined value market appraised the on based Airport, International Rochesterthe at project 2/20 Runway the to related interests easement and simplefee for landowners to City the of behalf on rs make to Hunt &Mead for sub-consultant as acting ProSource uthorized A Act:Official Project 2/20Runway the to Related Interests Easement for gs ferinProSource .6)F erminal Sustainability Planningask Order No. 2021-10 TAgreement - T Cover Pageservices at Rochester International Airport (RST).planningsustainability terminal assenger pfor Hunt Mead with -10 2021No. AgreementServices Professional the of execution Authorized Act:Official Sustainability Planning Services at the Rochester International Airport erminalTPassenger for Hunt Mead with Agreement Services Professional .5)F Cover PageellDBA as The WLLCell WThe for licenses liquor nday special intoxicating/restaurant fullon-sale new the approvin 294-22No. Resolution Adopted Act:Official 55902. Rochesterve A1st 255 at ting operaell WThe DBA LLC ellWThe forLicenses Liquor Sunday Special and Liquor xicating IntoSale On-New .4)F Cover Pageby referral departments.valsapprofull and information required of submission to subject permits, andlicenses new on actions mended recomthe including presented, as reportlicense full the approvin Resolution No. 293-22 Adopted Official Act:Licenses and Permits for December 12, 2022 .3)F Cover Page$0 and accounts payable of $19,333,599.01.purchases investment including $19,333,599.01, of amount the in 2022, 12,December for disbursements total of ing listthe pproved A Act:Official Accounts Payable for December 12, 2022 .2) MOVER:12 sgniraeH cilbuP)G Speaking During a Public Hearing Guidelines .mooZ aiv ni llaC ro nosreP nI pu-ngiSsenilediuG gniraeH cilbuP.8)(Dennis voted nay on F 1..1.8 and F.1 - FMotion to approve in block items F Cover Pageelections that may occur in 2023. designating polling locations forResolution No. 297-22 Official Act:2023 Election Polling Location Designation 1).1FDELETED FROM THE AGENDA.10)Fraining Budgetravel and T(Moved to Item H.4 for discussion) City Council T.9)FMotion to Approve. Exhibit - 2022 City Attorney Amended Employment Agreement Cover PageAttorney Michael Spindler-Krage.Cityfor agreement employment amended 2022 the Authorized Act:Official 2022 City Attorney Amended Employment Agreement .8)F 30, 2022NovemberCounty to Duties Board Local ransfer Tto Intent - Letter Notice Cover Page.Olmsted Countytoduties transferring permanently by Equalization and Appeal ofBoard APPROVED \[UNANIMOUS\]:TRESUL None YS:NA Kirkpatrick, Nick Campion, Mark Bransford, Patrick KeaneRaeKelly , PalmerShaun Dennis, Molly Brooke YES:A Kelly Rae Kirkpatrick SECONDER:Patrick Keane MOVER:O 1\]APPROVED \[6 T:TRESUL Molly Dennis YS:NA Campion, Mark Bransford, Patrick KeaneNickKirkpatrick, Rae Kelly , PalmerShaun arlson, CBrooke YES:A Kelly Rae Kirkpatrick SECONDER:Patrick Keane MOVER:13 Deputy City Administration Aaron Parrish presented on the item.Agreement.EmploymentAmended Administrator's City the Act:Official City Administrator Employment AgreementH.3)Motion to receive and file the summary and accept the item.Supervision & Leadership."and, CompetencyJob fectiveness, EfRelationship Organizational desincluwhich categories, all in Performance, uccessful Srating, highestthe She distinction. with organization and cthe rvedsehas Zelms Administrator City that is Council the of che t"So Summary read by Council President Carlson: Cover Page2. Accepted the City Administrator's performance evaluation. evaluation conducted in closed session on December 12, 2022.nceperformaAdministrator's City the of summary a filed and ed Receiv1. Official Act: Performance Evaluations’AdministratorCity the Conducting Session Closed of Summary H.2)Motion to accept and file the item.ond presenteMartinson Dale eTInformation & e Financf o Report - Third Quarter Budget to Actual Revenue Report Cover Pagesummary report for the period ending September 30, 2022.performancebudget quarter third the filed and Act:Official 2022 Third Quarter Budget Performance ReportH.1)snoitadnemmoceR dna stropeR)H APPROVED \[UNANIMOUS\]:TRESUL None YS:NA Kirkpatrick, Nick Campion, Mark Bransford, Patrick KeaneRaeKelly , PalmerShaun Dennis, Molly Brooke YES:A Mark Bransford SECONDER:Shaun Palmer MOVER:APPROVED \[UNANIMOUS\]:TRESUL None YS:NA Kirkpatrick, Nick Campion, Mark Bransford, Patrick KeaneRaeKelly , PalmerShaun Dennis, Molly Brooke YES:A Shaun Palmer SECONDER:Nick Campion MOVER:14 tnemnruojdA)NssenisuB rehtO)MsmetI delbaT)LsgnidaeR dnoceS ecnanidrO)KsgnidaeR tsriF ecnanidrO)JsnoitcA detaitinI licnuoC)I between the motion and the vote.tionquesprocedural a Spindler-Krage Michael City Motion to Approve the item.Council Member Palmer called the question.Motion to deny the item. Cover Pagethe seven members of Council.ongamdollars and l traveCouncil City the of distribution eventhe authorizing 296-22No. Resolution Adopted Act:Official raining Budgetravel and T.9) City Council T(Formerly Item FH.4)Motion to approve the item. 2022 City Administrator Amended Employment Agreement O 1\]APPROVED \[6 T:TRESULO 6\]DENIED \[1 T:TRESUL Molly Dennis YS:NA Campion, Mark Bransford, Patrick KeaneNickKirkpatrick, Rae Kelly , PalmerShaun arlson, CBrooke YES:A Mark Bransford SECONDER:Shaun Palmer MOVER:Campion, Mark Bransford, Patrick KeaneNickKirkpatrick, Rae Kelly , PalmerShaun arlson, CBrooke YS:NA Molly Dennis YES:A Molly Dennis SECONDER:Patrick Keane MOVER:O 1\]APPROVED \[6 T:TRESUL Molly Dennis YS:NA Campion, Mark Bransford, Patrick KeaneNickKirkpatrick, Rae Kelly , PalmerShaun arlson, CBrooke YES:A Mark Bransford SECONDER:Shaun Palmer MOVER:15.cityclerk@rochestermn.govfice at (507) 328-2900 or emailplease contact the City Clerk's OfIf you need assistance finding information about an item on this agenda, City Clerk Kelly K. Geistler __________________________________N) Adjournment APPROVED \[UNANIMOUS\]:TRESUL None YS:NA Kirkpatrick, Nick Campion, Mark Bransford, Patrick KeaneRaeKelly , PalmerShaun Dennis, Molly Brooke YES:A Shaun Palmer SECONDER:Nick Campion M 16:yB?deraperP.noslraC?tnediserP?licnuoC?yb?dednemmocer?)s(evitatneserper?eht?naht?)s(evitatneserpertnereffid?tnioppa?ot?tpo?dluoc?licnuoC?ehT?.emit?siht?ta?dednemmocer?era?snoitca?evitanretla?oN:) s(noitcA?evitanretlA?.detacidni?era?stcapmi?lacsif?oN:tcapmI?ecruoseR?&?lacsiF.evresylraluger?yeht?hcihw?no?snoissimmoc/sdraob?suoirav?eht?ot?srebmeM?licnuoC?fo?tnemtnioppa?launnA:tnemegagnE?ytinummo C?&?snoitcA?evitalsigeL?roirP?.eettimmocdna?draob?hcae?ot?cificeps?srettam?gnidrager?esab?egdelwonk?rieht?gnicnahne?dna?noitatneserper?riehtfo?epocs?eht?gninedaorb?htob?,snoissimmoc?dna?sdraob?lacol? fo?yteirav?a?no?tis?srebmem?licnuoC?ytiC:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.stnemngissa?gnicnalab?dnasrebmemlicnuoC?htiw?maet? eht?yb?detcudnoc?ecnereferp?fo?yevrus?a?tnuocca?otni?gnikat?,stnemtnioppasuoirav?eht?rof?snoitadnemmocer?reh?dedivorp?sah?noslraC?tnediserP?.snoissimmoc/sdraobdetangised?niatrec?no?etapicitrap?ot?eso ohc?yliratnulov?yam?ro?licnuoC?eht?fo?tnesnoc?yb?detniopparehtie?era?srebmem?licnuoC?.snoissimmoc/sdraob?eseht?ot?stnemtnioppa?launna?rieht?sekam?licnuoCeht?,yraunaJ?yrevE?.stnemeerga?srewop?tnioj?su oirav?dna?,wal?etatS?,retrahC?ytiC?,ecnanidrO?ytiCno?desab?snoitisop?detnioppa?evah?yeht?hcihw?no?snoissimmoc?dna?sdraob?fo?rebmun?a?sah?licnuoC?ehT:evitarraN?tropeR.gnitsil?dehcatta?eht?ni?detacidni ?sasnoissimmoc?dna?,sdraob?,seettimmoc?suoirav?ot?srebmeM?licnuoC?fo?stnemtnioppa?3202?eht?gnivorppA:detseuqeR?noitcA???2.FsnoissimmoC?dna?,sdraoB?,seettimmoC?suoiraVot?stnemtnioppA?launnA?licnuoC?yt iC?retsehcoR NOITCA?ROF?TSEUQER noslraCekoorBtnediserP?licnuoC:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAnoitartsinimdA?ytiC:TPED?GNITANIGIRO3202?,9?yraunaJ:ETAD?GNITEE H 17 stnemngissA?eettimmoC?licnuoC?dednemmoceR?3202:stnemhcattA reyeH?rehtae Rochester City Council 18 Mayor NortonMolly DennisNorman WahlShaun PalmerPatrick Keane Mayor NortonMolly DennisShaun PalmerMark BransfordPatrick KeaneMayor NortonMolly DennisShaun PalmerNick CampionMark BransfordPowersContract / Joint month 12pmWednesday each th 4(ROCOG)Governments Council of Rochester Olmsted Patrick KeanePatrick KeanePatrick KeaneChartermonth 4pmLast Tuesday each (RPU)Public Utility Board Norman WahlKirkpatrickKelly Rae Mark BransfordMolly DennisKirkpatrickKelly Rae Nick CampionMolly DennisPatrick KeaneNick CampionPolicyOrdinance / as necessaryRarely meets, only CommitteePersonnel Advisory Norman WahlMolly DennisShaun PalmerMolly DennisShaun PalmerMark BransfordShaun PalmerNick CampionMark BransfordPolicyOrdinance / Wednesdays 2pmneeded ~April-August as OversightOutside Agency Mayor NortonBrooke CarlsonMayor NortonBrooke CarlsonMayor NortonBrooke CarlsonContract / JPATuesdays 6pmBi-MonthlyCommitteeCriminal Justice Olmsted County revisedOrdinance being Assigning–Recommend not KirkpatrickKelly Rae KirkpatrickKelly Rae PolicyOrdinance / each month 4:30 pmWednesday nd 2Energy CommissionMayor NortonBrooke CarlsonMayor NortonBrooke CarlsonMayor NortonBrooke CarlsonState Law9:30am~6 meetings/year Center CorporationDestination Medical 12/12/22Council vote on County per the now lies with the Responsibility NAPatrick KeaneMark BransfordKirkpatrickKelly Rae State Lawn/aEqualizationBoard of (Chair)Mayor NortonBrooke Carlson(Chair)Mayor NortonBrooke Carlson(Chair)Mayor NortonBrooke CarlsonPolicyOrdinance / month2pmTuesday of the nd 2Airport CommissionRepresentative2023 Representative2022 Representative2120ReasonAppointment timeTypical meeting Commission&Board / –Appointed by the Council; full voting privilegesStanding CommitteesJanuary9, 2023Annual Appointments to Various Committees Rochester Amateur 19 participationmulti-elected appointment –Don’t anticipate Molly DennisMolly DennisvoluntaryBy request –Still being formalizedYouth CommissionZelmsAdministrator board structureRAEDI changed (ex. officio)Nick Campion (ex. officio)Mayor Norton(ex. officio)Brooke Carlson officio)Shaun Palmer (ex. officio)Mayor Norton(ex. (ex. officio)Brooke Carlson voluntaryBy request –Tuesday at noon th 4Inc. (RAEDI)Economic Development, Rochester Area Mark BransfordKirkpatrickKelly Rae NonevoluntaryBy request –7-8:30amFriday th or 4 rd Quarterly, 3(GRAUC)Universities and Colleges Advocates for Greater Rochester Shaun PalmerNick CampionPatrick KeanevoluntaryBy request –needed)strategy sessions as 8:15-10am (additional Thursday st Monthly, 1Housing CoalitionRepresentative2023 Representative2022 Representative2120ReasonAppointment Typical meeting timeCommissionBoard / –Voluntary; not appointed by the Council; may notparticipate in votingVoluntary Committees–3M. Bransford–3B. Carlson–3M. Dennis–3P. Keane–3S. Palmer–3N. Wahl–3K. Kirkpatrick2023Number of Appointments:KirkpatrickKelly Rae Aaron Luckstein)teammate backup Kirkpatrick (COR Kelly Rae Luckstein)backup Aaron (COR teammate KirkpatrickKelly Rae Contract / JPAFeb/May/Aug/NovThrs, 9-11am nd 2Quarterly,Oronoco,(new 2022)Policy Committee Greater Zumbro Molly DennisKirkpatrickKelly Rae Patrick KeaneKirkpatrickKelly Rae Mark BransfordPatrick KeaneMolly DennisPatrick KeaneKirkpatrickKelly Rae Contract / JPAOctober in 20232x/year -April and Powers BoardWatershed Joint South Zumbro Mark BransfordShaun PalmerShaun PalmerPolicyOrdinance / month 7:30 amWednesday each rd 3Sports Commission Notes Regarding Appointments 20 interest.The City Attorney should be consulted if there are questions related to possible conflicts of History Center and Southeast Minnesota League of Municipalities (SEMLM).as the Coalition of Greater Minnesota Cities (CGMC), League of Minnesota Cities (LMC), Conflict of Interest Disclosure Form. This may include groups beyond those listed above such Council members are reminded to include all groups on which they serve on their annual budget or is not less than $100,000.Significant public funds is defined as either a minimum of 60% of the entity’s annual operating organization operates in a City-owned facility (building) and / or receives significant public funds. brought before the full Council. The adopted Resolution also provides for participation where the members should be cognizant of their ability to participate in discussion and voting on matters certain designated boards or committees. Depending on the board or committee, council consent of the Council in January of each year or may voluntarily choose to participate on 14 which was adopted in February 2014. Council members are either explicitly appointed by Council members appointed to various boards and committees are governed by Resolution 042- M 21.secruoser?drawets?dna?,atad?ezisehtnys?,etaroballoc?ot?ytiliba?eht?sgnirb?eh?,tsilaiceps?tnemeganamatad?a?sA?.reetnulov?ot?erised?a?dna?eroc?ytiC?eht?ni?ytisned?gnitaerc?ni?tseretni?na?sah?reipa N?.rM noissimmoC?noitavreserP?egatireH???.tnemtnioppa?dna?lavorppa?licnuoC?ytiC?rof?stnacilppa?sweivretni?dna?snoitacilppasweiver?royaM?ehT?.stnemeriuqer?ycnediser?deificeps?teem?ot?deriuqer?eb?yam?d na?,ega?fo?sraey?81eb?tsum?,gniylppa?era?yeht?hcihw?ot?noissimmoc/draob?ralucitrap?eht?rof?yrassecen?sruoh?fo?rebmun?ehtetubirtnoc?ot?gnilliw?eb?,yticapac?reetnulov?a?ni?ytinummoc?rieht?evres?ot?eris ed?a?evah?tsum?stnacilppA.snoissimmoc?dna?sdraob?ytiC?suoirav?no?evres?ot?sreetnulov?skees?licnuoC?ytiC?retsehcoR?ehT:evitarraN?tropeR?.5202?,13?rebmeceD?gnidne?)nosnegroJ?.K?gnicalper(?mret?raey-eer httsrif?sih?ot?detnioppa?si?tsirdnA?ymereJ?:yletaidemmi?evitceffe?noissimmoC?gninoZ?dna?gninnalP?.01.4202?,13?rebmeceD?no?gnidne?evitatneserper?PCAAN?eht?sa?edebgelE?.W?fo?mret?deripxenueht?llif?ot?d etnioppa?si?releehW?lihP?:yletaidemmi?evitceffe?noissimmoC?thgisrevO?yciloP?eciloP?.9.5202?,13?rebmeceD?gnidne?)sperK?.D?gnicalper(?mret?raey-eerhttsrif?sih?ot?detnioppa?si?ildeirF?regoR?:yletaidemmi ?evitceffe?noissimmoC?thgisrevO?yciloP?eciloP?.8?.5202?,5?hcraM?gnidne?hceeB?.C?fo?mret?deripxenueht?llif?ot?detnioppa?si?naharT?darB?:yletaidemmi?evitceffe?noissimmoC?ecivreS?liviC?eciloP?.7?.5202?, 13?rebmeceD?gnidne?)rentragmuaB?.S?gnicalper(?mret?raey-eerht?tsrif?sihot?detnioppa?si?xoF?rednaxelA?:yletaidemmi?evitceffe?noissimmoC?yrosivdA?elcyciB?dna?nairtsedeP?.6?.5202?,13?rebmeceD?gnidne?)kc eB?.B?gnicalper(?mret?raey-eerht?tsrif?reh?ot?detnioppasi?accoR-ybsgirG?annavoiG?:yletaidemmi?evitceffe?noissimmoC?yrosivdA?elcyciB?dna?nairtsedeP?.5.5202?,13?rebmeceD?gnidne?5?draWrof?mret?raey-eerh t?tsrif?sih?ot?detnioppa?si?nnamkcaT?celA?:yletaidemmi?evitceffe?draoB?cisuM?.4.5202?,1?.naJ?gnidne?diaS?.R?fomret?deripxenu?eht?llif?ot?detnioppa?si?eG?)alegnA(?nehcoaiX?:yletaidemmi?evitceffe?draoB ?yrarbiL?.3?.6202?,1?yraunaJ?gnidne?)enoicsA?.A?gnicalper(mret?raey-eerht?tsrif?reh?ot?detnioppa?si?enyaP?assileM?:yletaidemmi?evitceffe?draoB?yrarbiL?.2?.5202?,13?rebmeceD?gnidne?)noslraC?.M?gnicalp er(?mret?raey-eerhttsrif?sih?ot?detnioppa?si?reipaN?werdnA?:yletaidemmi?evitceffe?noissimmoC?noitavreserP?egatireH?.1:eht?ot?stnemtnioppa?laroyaM?gniwollof?eht?gnivorppA:detseuqeR?noitcA???3.Fsnoissi mmoC?dna?sdraoB?ot?stnemtnioppA NOITCA?ROF?TSEUQER notroN?miK?royaM:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAroyaM?eht?fo?eciffO:TPED?GNITANIGIRO3202?,9?yraunaJ:ETAD?GNITEE ?22 lacoL?rof?reganam?ssenisub?eht?yltnerruc?si?eH?.noitcurtsnoc?dna?gnidliub?tuoba?etanoissap?si?tsirdnA?.rM noissimmoC?gninoZ?dna?gninnalP?.noitisop?siht?rof?releehW?lihPsdnemmocer?PCAAN?eht?fo?hcn arb?retsehcoR?ehT?.smret?raey?eerht?evres?llahs?srebmem?noissimmoCtaht?seunitnoc?.3?.dbuS?.)”PCAAN“(?elpoeP?deroloC?fo?tnemecnavdA?eht?rof?noitaicossA?lanoitaN?eht?fohcnarb?retsehcoR?eht?yb?dednemmoc er?si?nosrep?eno?taht?seton?)A(2?.dbus?,10.D91?retpahc?ecnanidrO?.gnicilop?ni?ecnellecxe?fo?edirp?eht?gnidlohpu?elihw?deniatniam?era?sthgir?livic?s’neziticlla?taht?erussa?ot?erised?a?sah?eh?,.S.P.O.C ?htiw?evitcA?.gnicilop?ni?ecneirepxe?lailimaf?dna?gniniarttnemecrofne?wal?emos?sah?ohw?ildeirF?.rM?ot?ecnatropmi?tsomtu?fo?si?”evres?dna?tcetorp“?fo?egami?ehT noissimmoC?thgisrevO?yciloP?eciloP?.nois simmoC?siht?ot?ecivres?cilbup?rof?noissap?dna?msaisuhtnesih?gnirb?lliw?dna?secivres?tnemyolpme?dna?,noitneverp?ssol?,ytiruces?ni?dnuorgkcab?sah?naharT?.rM noissimmoC?ecivreS?liviC?eciloP?.noissimmoC? siht?rof?tif?taerg?a?mih?ekam?,htlaeh?cilbup?ni?dnuorgkcabcimedaca?na?dna?ytefas?nairtsedep?no?sucof?a?htiw?,elytsefil?yhtlaeh?a?gniniatniaM?.secneirepxesih?fo?egdelwonk?dnah-tsrif?gnirb?lliw?eh?dna? shtap?ytiC?ynam?ruo?fo?reklaw?dna?rennur?a?si?xoF?.rM?.tif?taerg?a?eblliw?ecneirepxe?devil?ylno-nairtsedep?reh?htiw?denibmoc?dnuorgkcab?ycilop?evisnetxe?reH?.noissimmoCeht?rof?lufesu?eb?dluow?erutcur tsarfni?ytilibom?gniklaw?dna?gnilcycib?efas?htiw?ytic?yhtlaeh?a?gnitaercrof?noissap?reH?.enicidem?dna?egnahc?etamilc?ni?dnuorgkcab?cimedaca?na?sah?accoR-ybsgirG?.sM noissimmoC?yrosivdA?elcyciB?dna?na irtsedeP?.levart?dlrow?morf?derehtag?s’eh?saedi?sa?llew?sa?noissim?rieht?ni?tnemtrapeD?cisuM?eht?tsissa?dluoc?tahtsthgisni?sah?eh?seveileb?eH?.naicisum?lanoisseforp?dna?,tsilcycib?diva?,rehcaet?cisum ?a?si?nnamkcaT?.rM draoB?cisuM?.draoB?siht?rof?tif?doog?a?reh?ekam?retsehcoR?ni?spuorg?esrevidot?knil?gnorts?reH?.ytinummoc?ruo?fo?retnec?eht?ta?stis?hcihw?buh?gnitcennoc?a?si?yrarbil?eht?taht?dna,se itinummoc?elbatiuqe?dna?gnorts?gnidliub?yb?dlrow?retteb?a?ekam?nac?ew?seveileb?ehs?,owt?fo?rehtomdna?tnargimmi?na?sa?dna?dnuorgkcab?lairuenerpertne?dna?cimedaca?larutluc-itlum?,gnorts?a?sah?eG?.sM??. noitazilitu?ecaps?dna?,ssensselemoh,noitceles?doog?a?gniniatniam?,sredaer?gnuoy?ruo?gnigagne?yllaicepse?,ycaretil?fo?noitomorp,ytilibissecca?erew?ot?etubirtnoc?ot?sepoh?dna?desiar?ehs?seussi?ehT?.red aer?diva?na?si?enyaP?.sM draoB?yrarbiL 6 23:stnemhcattA sregoR?nohciM:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tcapmi?lacsif?oN:tcapmI?ecruoseR?&?lacsiF?.elbaliava?emoceb?snoitisop?sa?sisab?enitu or?a?no?edam?era?stnemtnioppa?noissimmoC?dna?draoB:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.noitatneserper?ytinummocesrevid?erusne?ot?srebmem?noissimmoC?dna?draoB?fo?yevrus?launna?na?setelpmo c?royaM?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP ytiuqE?laicoSgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP???.noissimmoC?eht?ot?noisseforp?gnidliub?eht?fo?egdelwonk?a?gnirb? lliw?eH?.krow?laicremmocdna?,laicremmoc?thgil?,gnisuoh?ni?gnikrow?sraey?61?rof?nosrepyenruoj?desnecil?a?neeb?sah?dna? M 24 ytiuqE?laicoSgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP?.tnemtnioppa?dna?lavorppa?licnuoC?ytiC?rof?stnacilppa?sweivretni?dna?snoitacilppa?sweiver?royaMehT?.stnemeri uqer?ycnediser?deificeps?teem?ot?deriuqer?eb?yam?dna?,ega?fo?sraey?81?eb?tsum?,gniylppaera?yeht?hcihw?ot?noissimmoc/draob?ralucitrap?eht?rof?yrassecen?sruoh?fo?rebmun?eht?etubirtnoc?otgnilliw?eb?,yti capac?reetnulov?a?ni?ytinummoc?rieht?evres?ot?erised?a?evah?tsum?stnacilppA?.snoissimmoCdna?sdraoB?suoirav?no?evres?ot?sreetnulov?skees?NM?,retsehcoR?fo?ytiC?eht?fo?licnuoC?nommoC?ehT:evitarraN?trope R?.5202?,13?rebmeceD?gnidne?mret?raey-eerhtdnoces?siht?ot?detnioppaer?si?namthgiW?dlanoR?:yletaidemmi?evitceffe?slaeppA?fo?draoB?gninoZ?.11?.5202?,13?rebmeceD?gnidne?mret?raey-eerht?dnoces?sih?ot?det nioppaer?si?enyaW?truK?:yletaidemmi?evitceffe?slaeppA?fo?draoB?gninoZ?.01?.5202?,13?rebmeceD?gnidne?mret?raey-eerht?dnoces?sih?ot?detnioppaer?si?muyoB?sneJ?:yletaidemmi?evitceffe?slaeppA?fo?draoB?gni noZ?.9.6202?,13?rebmeceD?gnidnemret?raey-ruof?dnoces?sih?ot?detnioppaer?si?nedroG?tterB?:yletaidemmi?evitceffe?draoB?ytilitU?cilbuP?.8?.5202?,13?rebmeceD?gnidne?mret?raey-eerhttsrif?sih?ot?detnioppae r?si?tdrahrebE?noraA?:yletaidemmi?evitceffe?noissimmoC?gninoZ?dna?gninnalP?.7?.5202?,13?rebmeceD?gnidne?mret?raey-eerht?tsrifreh?ot?detnioppaer?si?drofwarC?ennaoJ?:yletaidemmi?evitceffe?noissimmoC?gn inoZ?dna?gninnalP?.6?.5202?,13?rebmeceD?gnidne?mret?raey-eerht?dnoces?sih?otdetnioppaer?si?yarruM?hpesoJ?:yletaidemmi?evitceffe?noissimmoC?yrosivdA?elcyciB?dna?nairtsedeP?.5.5202?,13?rebmeceD?gnidne? mretraey-eerht?dnoces?reh?ot?detnioppaer?si?snevetS?newG?:yletaidemmi?evitceffe?noissimmoC?ygrenE?.4?.5202?,13?rebmeceD?gnidnemret?raey-eerht?dnoces?sih?ot?detnioppaer?si?osdI?navI?:yletaidemmi?evitc effe?noissimmoC?ygrenE?.3?.5202?,13?rebmeceD?gnidne?mret?raey-eerhtdnoces?reh?ot?detnioppaer?si?oirelaV?levsiL?:yletaidemmi?evitceffe?tisnarT?no?yrosivdA?snezitiC?.2?.5202?,13?rebmeceD?gnidne?mret?ra ey-eerhtdnoces?reh?ot?detnioppaer?si?mmarhcS?ycarT?:yletaidemmi?evitceffe?tisnarT?no?yrosivdA?snezitiC?.1?:eht?ot?stnemtnioppaer?royaM?gniwollof?eht?gnivorppA:detseuqeR?noitcA???4.FsnoissimmoC?dna?sd raoB?ot?stnemtnioppaeR NOITCA?ROF?TSEUQER notroN?royaM:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAroyaM?eht?fo?eciffO:TPED?GNITANIGIRO3202?,9?yraunaJ:ETAD?GNITEE P 25:stnemhcattA sregoR?nohciM:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA?.tcapmi?lacsif?tcerid?oN:tcapmI?ecruoseR?&?lacsiF??.ytinummoceht?segagne?ytiC?eht?ya w?eno?era?stnemtnioppaer?dna?stnemtnioppa?noissimmoC?dna?draoB:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP??.detneserper?si?ytinummocesrevid?ruo?erusne?ot?srebmem?noissimmoC?dna?draoB?fo?yevrus? IED?launna?na?setelpmoc?royaM?ehT:tcapmI?IED?&?snoitaredisnoC?ycilo M 26:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP?.slamina?dna?,gnilbmag?,lohocla?ot?gnitalerdeussi?sesnecil?fo?thgisrevo?sa?llew?sa?,ytic?eht?nihtiw?sessenisub?detangised?dna?srotcartnoc?yb?ytiv itcaeht?fo?thgisrevo?hguorht?gnieb-llew?dna?,htlaeh?,ytefas?cilbup?erusne?ot?ecalp?ni?krowemarf?yrotalugereht?ni?secnanidrO?ytiC?yb?debircserp?sa?gnitapicitrap?si?licnuoC?eht?,sesnecil?fo?ecnaussi?eh t?gnivorppa?nI:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP??4?-?timreP?gnilbmaG?elgniS sesneciL?gnilbmaG?dna?lohoclA??1?-?esneciL?revirD?bacixaT?sesneciL?noitatropsnarT?1?-?esneciL?tinU?dooF?eliboM?1?-?esneciL?tsiparehT?egassaM3?-?esneciL?ssenisuB?yparehT?egassaM?sesneciL?ssenisuB??1? -?esneciL?remmirT?eerT1?-?esneciL?niarD?dna?reweS2?-?esneciL?rellatsnI?retsaM?CAVH?4?-?esneciL?rotcartnoC?CAVH?sesneciL?edarT?/srotcartnoC:evitarraN?tropeR.stnemtraped?larreferyb?slavorppa?lluf?dna?n oitamrofni?deriuqer?lla?fo?noissimbus?ot?tcejbus?,stimrep?dna?sesnecil?wen?nosnoitca?dednemmocer?eht?gnidulcni?,detneserp?sa?troper?esnecil?lluf?eht?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA?? ?5.F3202?,9?yraunaJ?rof?stimreP?dna?sesneciL NOITCA?ROF?TSEUQER thgirwtraC?naaitsirhC:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO3202?,9?yraunaJ:ETAD?GNITEE A 27 3202?,9?yraunaJ?rof?stimreP?dna?sesneciL?-?noituloseR:stnemhcattA thgirwtraC?naaitsirhC:yB?deraperP?.emit?siht?ta?dednemmocer?gnieb?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.ssecorp?gnisn ecil?eht?gniretsinimda?fo?tsoc?eht?fo?noitrop?a?revoc?seef?noitacilppaesneciL?.tegdub?latnemtraped?niam?eciffO?s’krelC?ytiC?eht?rednu?rof?detegdub?si?ytivitca?gnisneciL:tcapmI?ecruoseR?&?lacsiF.licnu oC?eht?fo?noitaredisnoc?eht?rof?detneserp?si?troper?esnecil?a?,gniteem?licnuoC?hcae?t 28 205 5th Ave NW, Elgin, MN 55932 Mulholland Tree Service LLC DBA Jeff’s Tree Service (00823) .3202Dec. 31, 17, for a period expiring -ode of Ordinances Chapter 5to all terms and conditions of Rochester CRecommended Action: Approve granting the following Tree Work Contractor Licenses, subject TREE LICENSE 3526 88th Ave NE, Blaine, MN 55014 )00592United States Mechanical, Inc. ( .320231, r a period expiring Dec. 2, fo-terms and conditions of Rochester Code of Ordinances Chapter 12Recommended Action: Approve granting the following Sewer and Drain Licenses, subject to all SEWER AND DRAIN LICENSE Larry Thompson for Quality Systems AC & Refrigeration Inc (00560) )Mitch Nesler for Rochester Plumbing & Heating Co Inc (00916 .202331, 3, for a period expiring Dec. -terms and conditions of Rochester Code of Ordinances Chapter 4Recommended Action: Approve granting the following Master Installer Licenses, subject to all HVAC MASTER INSTALLER LICENSE 4810 Triangle St, McFarland, WI 53558 Consultants Inc. (00040)geration Design Refri 307 S McKinzie St, Mankato, MN 56001 Paape Distributing Co. (00041) 4432 Colorado St SE, Prior Lake, MN 55372 Quality Systems AC & Refrigeration Inc (00561) 1507 14th St NE, Austin, MN 55912 O’Connor Mechanical Inc (00917)M. J. .period expiring Dec. 31, 2023a r3, fo-License, subject to all terms and conditions of Rochester Code of Ordinances Chapter 4Recommended Action: Approve granting the following application for an HVAC Contractor HVAC CONTRACTOR LICENSE LICENSES CONTRACTORS/TRADES information and full approvals by referral departments. actions be approved on the following licenses and permits, subject to submission of all required BE IT RESOLVED by the Common Council of the City of Rochester that the recommended RESOLUTION 29 Olmsted County Fairgrounds 042L)-Family Service Rochester (AG22 of permit on the designated dates and locations.Recommended Action: Approve the following applications as submitted to the State for issuance SINGLE GAMBLING PERMITS LICENSESALCOHOL AND GAMBLING Ayenew Zeleke(T00049) .3202December 31, 5, for a period expiring -all terms and conditions of Rochester Code of Ordinances Chapter 5Recommended Action: Approve the following applications for taxicab driver licenses, subject to TAXICAB DRIVER TRANSPORTATION LICENSES )B00391( dreamBig Hospitality LLC .4March 31, 202a period expiring 21, for -to all terms and conditions of Rochester Code of Ordinances Chapter 5Recommended Action: Approve the following applications for mobile food unit licenses, subject MOBILE FOOD UNIT LICENSE Ibrahima Sidibe (B00390) .4expiring December 31, 202od eri15, for a p-subject to all terms and conditions of Rochester Code of Ordinances Chapter 5Recommended Action: Approve the following application for a massage therapist license, MASSAGE THERAPIST 3265 19th St NW )Forget Your Troubles Bodywork LLC (B00392 323 6th St SE Sarahdipity Massage LLC (B00389) ache Mall702 Ap Serenity Rochester Inc. (B00365) .3202a period expiring December 31, 15, for -licenses, subject to all terms and conditions of Rochester Code of Ordinances Chapter 5Recommended Action: Approve the following application for massage therapy business MASSAGE THERAPY BUSINESS LICENSE BUSINESS LICENSES 30 Rochester, Minnesota) (Seal of the City of D CITYMAYOR OF SAI ___________________________________ .32APPROVED THIS _____ DAY OF ______________________, 20 CITY CLERK ATTEST: __________________________ PRESIDENT OF SAID COMMON COUNCIL ___________________________________ .32ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 20 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF Feb. 4, 2023 1517 16th St SW, Suite C Wildwood Sports Bar and Grill 044L)-Ducks Unlimited Rochester Area Chapter 14 (AG22 Mar. 14, 2023 19th St NW Lourdes High School 043L) -Rochester Catholic Schools (AG22 Mar. 25, 2023 1503 2nd Ave NE 045L)-Peace United Church of Christ (AG22 Mar. 25, 2023 SE112 Arena Dr M 31:stnemhcattA yoR?hsoJ:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.noitca?licnuoc?rehto?ro?tegdub?hguorht?,stnuoma?devorppa?ylsuoiverp?fo?tnemyap?rof?si?sih T:tcapmI?ecruoseR?&?lacsiF.lavorppa?dna?weiver?rof?gniteem?licnuoC?ytiC?yreve?dettimbus?si?troper?A:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.licnuoCytiC?yb?devorppa?eb?smialc?lla?gniriuqer?17 2.214?etutats?atosenniM?htiw?ecnailpmoc?ni?si?meti?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?ytilauQ?rof?secivreS?ytilauQytilibaniatsuS?&?ytilibisnopseR?lacsiF:selpicnirP?lanoitadnuoF?&?seitiroi rP 39073/tnemucoddehsilbupwohs/emoh/vog.nmretsehcor.www//:sptth:3202?,9?yraunaJ?rof?tropeR?yrammuS?PA19073/tnemucoddehsilbupwohs/emoh/vog.nmretsehcor.www//:sptth:3202?,9?yraunaJ?rof?tropeR?liateD?PA: troper?siht?fo?gnitnuocca?deliated?erom?a?ees?oT:evitarraN?tropeR.22.382,863,81$?fo?elbayap?stnuocca?dna?81.522,020,04$?fo?sesahcrup?tnemtsevni?gnidulcni,04.805,883,85$?fo?tnuoma?eht?ni?,3202?,9?yrau naJ?rof?stnemesrubsid?latot?fo?gnitsil?eht?gnivorppA:detseuqeR?noitcA???6.F3202?,9?yraunaJ?rof?elbayaP?stnuoccA NOITCA?ROF?TSEUQER nosnitraM?elaD:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAygolonhceTnoita mrofnI?&?ecnaniF:TPED?GNITANIGIRO3202?,9?yraunaJ:ETAD?GNITEE M 32.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tegdub?gnitarepo?snoitarepO?ciffarT?eht?morf?dednuf?eb?ot?,005$?naht?ssel?tsoc?ot?detamitseera?segnahc?egangis?ehT?.dnuF?e sirpretnE?gnikraP?eht?ot?setubirtnoc?sretem?gnikrap?eht?morf?euneveR:tcapmI?ecruoseR?&?lacsiF.srenwo?ssenisubdna?stnediser?fo?tseuqer?eht?ta?ro/dna?ytiC?eht?yb?ylraluger?rucco?snoitcirtser?gnikrap?ot ?segnahC:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.reenignE?ciffarT?ytiC?eht?yb?lavorppa?rof?dednemmocer?dna?deweiver?era?snoitcirtserdesoporp?llA?.segnahc?gnikrap?teerts-no?tnenamrep?fo?lavor ppa?licnuoC?seriuqer?ecnanidrO?ytiC:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.cinilC?oyaM?dna?retneC?lacideM?laredeF?eht?htiw?snoitas revnoc?no?desabyella?eht?ot?detacoler?eb?ot?desoporp?era?retneC?lacideM?laredeF?eht?rof?devreser?secaps?ehT?.WNevA?ts1?dna?WN?tS?ts1?fo?noitcesretni?eht?fo?renroc?tsaehtuos?eht?ni?kcod?gnidaol?cinilC ?oyaM?wen?eht?fonoitcurtsnoc?eht?ot?detaler?segnahc?yawdaor?eht?rof?snalp?devorppa?eht?tcelfer?snoitcirtser?gnikrap?esehT:WN?tS?ts1?dna?WN?evA?ts1?.ecnatsid?thgis?gnippots?etauqedarof?wolla?dna?senil ?thgis?eht?nihtiw?morf?srac?dekrap?evomer?ot?dednemmocer?si?noitcirtser?gnikrap?sihT.tnediser?a?morf?nrecnoc?a?gniviecer?retfa?noitacol?siht?ta?senil?thgis?noitcesretni?deweiver?skroW?cilbuP:EN?evA?h t7?dna?tS?retneC?tsaE:evitarraN?tropeR.steerts?suoirav?no?snoitcirtser?gnikrapdnema?ot?kooB?noituloseR?gnikraP?dna?ciffarT?evisneherpmoC?eht?gnidnema?noituloseR?a?gnitpodA:detseuqeR?noitcA???7.F3202? ,9?yraunaJrof?snoitacoL?suoiraV?ni?segnahC?noitcirtseR?gnikraP NOITCA?ROF?TSEUQER anyzduB?maS:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO3202?,9?yraunaJ:ETAD?GNITEE P 33 3202?,9?yraunaJ?rof?snoitcirtseR?gnikraP?suoiraV?-?noituloseRWN?tS?ts1?dna?WN?evA?ts1?-?paMEN?evA?ht7?dna?tS?retneC?tsaE?-?paM:stnemhcattA anyzduB?maS:yB?deraper /75 ft100 ft No Parking 7th Ave SE7th Ave NEtSr entE. Ce 34 teeF53041070.atad siht fo esu eht fo tuo gnisira yltceridni ro yltcerid egamad ro ssol yna ot tcepser htiw ytilibail on evah llahs retsehcoR fo ytiC ehT .pam siht no deniatnoc noitamrofni eht ot tcepser htiw ,esoprup ralucitrap a rof ssentif fo seitnarraw deilpmi ot detimil ton tub gnidulcni ,deilpmi ro sserpxe ,seitnarraw lla smialcsid yllacificeps retsehcoR fo ytiC ehTteerts eht no dellatsni egangisnoitcirtser gnikrap gniwollof rof elbsibopser era srenwO elciheV .ngised deliated tcudnoc ot .cte ,snoisnemid ,snoitacol ,snoitavele gniyfirev dleif rof ytilibisnopser s’resu eht si tI .ylno ecnerefer sa desu eb dluohs dna deifirev dleif neeb ton sah deniatnoc ataD 1 Accessible Parking Federal Medical Center Vehicles Only, Mon-Fri, 6 AM - 6 PM 90-Min Meter 30-Min Meter No Parking, Existing Parking to be Removed 35/2022 4:17:01 PMDocument Path: X:\\GIS\\Basemap.mxd Date Saved: 8/3 Feet04080 e of this data.damage directly or indirectly arising out of the usny loss or Rochester shall have no liability with respect to ato the information contained on this map. The City h respect warranties of fitness for a particular purpose, witplied express or implied, including but not limited to imrranties, The City of Rochester specifically disclaims all wadimensions, etc. to conduct detailed design.tions, responsibility for field verifying elevations, loca should be used as reference only. It is the user’sData contained has not been field verified and /W TS RETNECWN TS RESOLUTION361st St NW, south side, from 1st Ave NW east to the alley.10.Add Section B, “No Parking Zones,” Paragraph 27.2:1st St NW, north side, from 1st Ave NW to the east 180 ft.9.Add Section B, “No Parking Zones,” Paragraph 27.1:from 6:00a.m. to 6:00p.m.Federal Medical Center vehicles only, in spaces 48-27 and 48-28, Monday-Friday On the 10 block, in the north/south alley between West Center St and 1st St NW, 8.Add Section C, “Special Parking Zones,” Zone E, “Courtesy Vans,” Paragraph 2.1:the exception of spaces 41-25, 41-26, 48-89 & 48-9048-94.1st St NW, 10 block, on theboth sides, between the alley and Broadway Ave N, with 7.Amend Section I, “90 Minute Meters,” Zone E, Paragraph 9.5:1st Ave NW, west side, south of 1st St NW for 50 ft., 2 spaces, accessible parking.6.DeleteSection C, “Special Parking Zones,” Zone A, “General,” Paragraph 1.1:spaces 48-25 and 48-26.On the 10 block, in the north/south alley between West Center St and 1st St NW, 5.Add Section I, “Metered Parking,”Zone E, “90-Minute Meters,” Paragraph 11.3:1st Ave NW, west side, between 55 feet to 100 feet to the south of 1st St NW.4.Add Section I, “Metered Parking,” Zone E, “90-Minute Meters,” Paragraph 11.2:1st Ave NW, west side, from 70 ft to 115 ft north of West Center St.3.Add Section I, “Metered Parking,” Zone C, “30-Minute Meters,” Paragraph 19.5:parking.or minus, (four stalls for handicapped parking)70 ft, two spaces for accessible 1st Ave NW on the west side, from West Center St north a distance of 90 feet, plus 2.Amend Section C, “Special Parking Zones,” Zone A, “General,” Paragraph 2.1:feet east of 7th Ave, at all times.East Center St on the north side, from a point 50 75 ft west of 7th Ave to a point 100 1.Amend Section B, “No Parking Zones,” Paragraph 12:amended in the following respects:Traffic & Parking Resolution, previously adopted and amended by the Common Council, be BE IT RESOLVED by the Common Council of the City of Rochester that the Comprehensive PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF37Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVEDTHIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023. M 38.stegdub?levart?stnemtrapeD:tcapmI?ecruoseR?&?lacsiF.senilediug?SRI?gniwollof?setar?tnemesrubmier?levart?launna?gnivorppA:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.setar?ssenisubelbawolla? SRI?gniwollof?fo?ecitcarp?nommoc?a?dehsilbatse?erofereht?sah?ytiC?ehT??.tneve?elbaxat?aetaerc?dluow?etar?rehgih?a?ta?gnisrubmieR??.ytiC?eht?dna?reerac?rieht?ot?laicifeneb?eb?dluow?taht?gniniart?adnet ta?ot?etammaet?a?rof?erised?eht?ecuder?dluoc?etar?SRI?dradnats?eht?naht?ssel?ta?egaelim?gnisrubmieR:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFtnemeganaM?htworG?&?ycnarb iV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.2202?,13?rebmeceD?hguorht?evitceffe?si?elim?rep?stnec5.26?fo?etar?2202?ehT?.etar?dehsilbatse?ylsuoiverp?eht?revo?elim?rep?stnec?3?fo?esaercni?na?,stne c?5.56ot?gnisaercni?si?etar?dradnats?eht?,3202?,1?yraunaJ?evitceffE?.sesnepxe?noitatropsnart?rof?setar?egaelimssenisub?dradnats?eht?ot?esaercni?na?decnuonna?SRI?eht?,432-2202-RI?htiw?,2202?,92?rebmec eD?nO?.stnemesrubmier?esehthtiw?detaicossa?stnemeriuqer?gnitroper?ro?secneuqesnoc?xat?on?era?ereht?taht?os?snoitcuded?ssenisubrof?setar?elbawolla?dradnats?sa?SRI?eht?yb?dehsilbatse?setar?eht?ta?esrub mier?ew?,yllacipyT?.ssenisubytiC?ot?gnidnetta?nehw?seeyolpme?sti?ot?stnemesrubmier?esnepxe?levart?dna?egaelim?sedivorp?ytiC?ehT:evitarraN?tropeR?.3202?,1?yraunaJ?evitceffe?senilediug?)SRI(?ecivreSeun eveR?lanretnI?gnignahc?eht?hctam?ot?elim?rep?stnec?5.56?ot?esaercni?etar?egaelim?a?gnivorppA:detseuqeR?noitcA???8.FetaR?egaeliM?desiveR?3202 NOITCA?ROF?TSEUQER nosnitraM?elaD:RETNESERPadnegA?tnesnoC: NOITCES?ADNEGAygolonhceTnoitamrofnI?&?ecnaniF:TPED?GNITANIGIRO3202?,9?yraunaJ:ETAD?GNITEE A 39 esaercnI?etaR?egaeliM?SRI?3202?-?esaeleR?sserP?SRI3202?rof?esaercnI?etaR?egaeliM?SRI?-?30-3202?ecitoN?SRI:stnemhcattA hconeL?)gnouH(?adniL:yB?deraperP?.emit?siht?ta?detseggus?era?snoitca?evitanr etla?oN:)s(noitcA?evitanretl 2023 Standard Mileage Rates 40 (Code) or the Income Tax Regulations (26 CFR part 1).Unless otherwise specified, all “section” or “§” references are to sections of the Internal Revenue Code 1 5, the amount of -expense purposes, and for substantiating, under § 274(d) and § 1.274deductible costs of operating an automobile for business, charitable, medical, or moving 49 I.R.B. 1301, provides rules for computing the -46, 2019-Rev. Proc. 2019 SECTION 2. BACKGROUND 1 21(e).--per-21(d)(5)(v) or the vehicle cents-average valuation rule in § 1.61-year 2023 for which employers may use the fleetr provided automobiles first made available to employees for personal use in calenda-Additionally, this notice provides the maximum fair market value (FMV) of employerbe used in computing the allowance under a fixed and variable rate (FAVR) plan. that may business standard mileage rate, and the maximum standard automobile costtaxpayers must use in calculating reductions to basis for depreciation taken under the charitable, medical, or moving expense purposes. This notice also provides the amount business, use in computing the deductible costs of operating an automobile for This notice provides the optional 2023 standard mileage rates for taxpayers to SECTION 1. PURPOSE 03-Notice 2023 41 of mile for all miles of business use (business standard mileage rate). See section 4 The standard mileage rate for transportation or travel expenses is 65.5 cents per SECTION 3. STANDARD MILEAGE RATES forth in the regulations. exceed a maximum amount set connection with automobiles having values that do not valuation rules are subject to limitations, including that they may be used only in 21(e), respectively. These two special -21(d)(5)(v) and § 1.61-set forth in § 1.61mile valuation rule, are -per-centsaverage valuation rule and the vehicle -rules, the fleet21(b)(4). Two such special valuation -tax and employment tax purposes. Section 1.61special valuation rule, the special value is treated as the FMV of the benefit for income mployer chooses to use a is determined by reference to the automobile’s FMV. If an eprovided automobile generally -income and wages for the personal use of an employerprovided automobiles. The amount that must be included in the employee’s -employere special valuation rules for 61 provid Longstanding regulations under § 170(i). The standard mileage rate for charitable use is set by §standard mileage rates for business, medical, and moving use reflected in this notice. variable costs of operating an automobile to determine the Service of the fixed andAn independent contractor conducts an annual study for the Internal Revenue amounts if the taxpayer maintains adequate records or other sufficient evidence. 46, but instead may substantiate using actual allowable expense -oc. 2019Rev. Pr46. However, a taxpayer is not required to use the substantiation methods described in -home. Taxpayers using the standard mileage rates must comply with Rev. Proc. 2019y and necessary business expenses of local transportation or travel away from ordinar - - 42 suspends the deduction for moving expenses for taxable years beginning after TCJA46. Section 11049 of the -217(g). See section 5 of Rev. Proc. 2019 deductible under §213; or (2) as part of a move for which the expenses are cal care described in §mediThe standard mileage rate is 22 cents per mile for use of an automobile: (1) for 46.-Rev. Proc. 2019170. See section 5 of rendering gratuitous services to a charitable organization under §ileage rate is 14 cents per mile for use of an automobile in The standard m standard mileage rate. Schedule A of Form 1040 (2022), and therefore may continue to use the business , not as an itemized deduction on U.S. Individual Income Tax Return Form 1040 (2022), ustment to total income on line 12 of Schedule 1 of employee travel expenses as an adjpaid on a fee basis, and certain performing artists are entitled to deduct unreimbursed Armed Forces of the United States (Armed Forces), state or local government officials example, members of a reserve component of the income are not suspended. Fordeductions, deductions for expenses that are deductible in determining adjusted gross suspension. Notwithstanding the foregoing suspension of miscellaneous itemized uction for unreimbursed employee travel expenses during the to claim an itemized ded2026. Thus, the business standard mileage rate provided in this notice cannot be used expenses, for taxable years beginning after December 31, 2017, and before January 1, 67, including unreimbursed employee travel me floor under §adjusted gross incopercent of -suspends all miscellaneous itemized deductions that are subject to the two(December 22, 2017), commonly known as the Tax Cuts and Jobs Act (TCJA) 97, 131. Stat. 2054 -46. However, § 11045 of Public Law 115-Rev. Proc. 2019 - - 43 incurred on or after January 1, 2023; (2) mileage allowances or reimbursements paid to This notice is effective for: (1) deductible transportation expenses paid or SECTION 7. EFFECTIVE DATE .$60,800available to employees in calendar year 2023 is (including trucks and vans) first made 21(e), the maximum FMV of automobiles -mile valuation rule in § 1.61-per-vehicle cents21(d)(5)(v) and the -average valuation rule in § 1.61-For purposes of the fleet PROVIDED AUTOMOBILES-6. MAXIMUM VALUE OF EMPLOYERSECTION 46.-See section 6.02(6) of Rev. Proc. 2019automobile cost may not exceed $60,800 for automobiles (including trucks and vans). For purposes of computing the allowance under a FAVR plan, the standard SECTION 5. MAXIMUM STANDARD AUTOMOBILE COST .-cents per mile for 2023. See section 4.04 of Rev. Proc. 2019cents per mile for 2020, 26 cents per mile for 2021, 26 cents per mile for 2022, and 28 business standard mileage rate treated as depreciation is 26 cents per mile for 2019, 27 portion of the For automobiles a taxpayer uses for business purposes, the SECTION 4. BASIS REDUCTION AMOUNT suspension. applicable for the use of an automobile as part of a move occurring during the applies, the standard mileage rate provided in this notice is not whom § 217(g)order and incident to a permanent change of station. Thus, except for taxpayers to apply to members of the Armed Forces on active duty who move pursuant to a military er 31, 2017, and before January 1, 2026. However, the suspension does not Decemb - - 44 free number). -4774 (not a toll-Taxes), at (202) 317Associate Chief Counsel (Employee Benefits, Exempt Organizations, and Employment of the Office of Stephanie Cadenprovided automobile, contact -use of an employerfree number). For further information on this notice regarding the -7005 (not a toll-317provided automobile, contact Mr. Lagorio at (202) -regarding the use of an employeefurther information on this notice Chief Counsel (Income Tax and Accounting). ForThe principal author of this notice is Christian Lagorio of the Office of Associate DRAFTING INFORMATION 03 is superseded.-Notice 2022 SECTION 8. EFFECT ON OTHER DOCUMENTS use on or after January 1, 2023. personal21(e), automobiles first made available to employees for -1.61 mile rule in §-per-cents21(d)(5)(v) or the vehicle -1.61 average valuation rule in §-employers may use the fleetprovided automobiles for which -r purposes of the maximum FMV of employer(3) foor such member of the Armed Forces pays or incurs on or after January 1, 2023; and on or after January 1, 2023, and (b) for transportation expenses the charitable volunteer 217(g) applies: (a) able volunteer or a member of the Armed Forces to whom §a charit - - 1/3/23, 2:38 PM 45 e is chosen.ate ragd mileandarstals) if thewenease period (including re leor the entirthod fe meate ragd mileandarehicles must use the stased veLxpenses.ual ee or actate ragd mileandaran choose either the sty cs, theareer yor business use. Then, in latfailablear is avar the cest yo use it in the firally must opt tenere but gate ragd mileandaran use the sts cerayaxpTes.ate ragd mileandarstather than using theehicle rosts of using their vual calculating the acte the option of cays havs alwerayaxpT.escoror Memberving Expenses fMoails see te deor moration. Fe of stchango a permanents tderving under ore duty moes on activcore membery arxpenses, unless theevingor moannot claim a deduction fs also cerayaxpxpenses. Tel eavee trysed emploeimburor unrdeduction fedemizellaneous itannot claim a miscs cerayaxp, tax Ce that under the To notant tIt is importosts.ariable cased on the vving purposes is bal and moor medice fatomobile. The rating an autoperosts ofariable ced and vudy of the fixased on an annual stor business use is be fate ragd mileandarThe stehicles.ed verwasoline and diesel-poell as gomobiles, as wo electric and hybrid-electric autes apply tatThese rom 2022.ed frunchangemainse and rutaty stt be is seatations; the ranizgable ore of charitvicen in serents per mile driv14 cond half of 2022.or the sect fe seatar reased midyeent with the incronsistes, ccorFs of the Armed-duty membereor qualified activving purposes fal or moor medicen fents per mile driv22 cond half of 2022.secor thee fattting the rase seear increom the midyents fror business use, up 3 cen fents per mile driv65.5 cwill be:anel trucks)ups or pans, pickar (also vor the use of a ces fate ragd mileandary 1, 2023, the stginning on JanuarBeving purposes.al or moable, medicor business, charitomobile fating an autosts of opere the deductible calculatcoes used tate ragd mileandaroday issued the 2023 optional ste tvicenue Serveernal RON — The IntTWASHINGember 29, 2022-2022-234, DecIR mileents perases 3 ce2023; business use incrores fate ragd mileandarS issues stIR 2/1.irs.gov/newsroom/irs-issues-standard-mileage-rates-for-2023-business-use-increases-3-cents-per-milehttps://wwwIRS issues standard mileage rates for 2023; business use increases 3 cents per mile | Internal Revenue Service 1/3/23, 2:38 PM 46 2202-ceD-92 :detadpU ro deweiveR tsaL egaP PDF aluation rule.-mile vper-entsehicle caluation rule in or the ve vager-avts may use the fleeeryor which emploar 2023 fealendar yuse in csonalor perees fyo emploailable tst made avomobiles firvided auto-preryalue of emplot veair markmaximum fvides theoe prVR) plan. In addition, the noticAe (Fatariable red and ve under a fixancwe the alloalculato cused tostomobile cell as the maximum autes, as wate ragd mileandarains the optional 2023 stont ce 2023-03Notic 2/2.irs.gov/newsroom/irs-issues-standard- mileage-rates-for-2023-business-use-increases-3-cents-per-milehttps://wwwIRS issues standard mileage rates for 2023; business use increases 3 cents per mile | Internal Revenue Service M 47:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiF:selpicnirP?lanoitadnuoF?&?seitiroirP?.setutats?atosenniM?fo?stnemeriuqer?eht?teem?ot?,retsehcoR?knaBSU?dna?retsehcoR?kna B?ograF?slleW?yb?dnob?yrotisoped?a?fo?ueil?ni?laretalloc?sa?degdelp?neeb?evahseitiruces?tneiciffuS?.dnob?yrotisoped?a?fo?ueil?ni?laretalloc?tpecca?ot?dna?,laretalloc?sa?seitiruces?esaelerdna?egdelp?h cihw?ro?ecnarusni?)CIDF(?noitaroproC?ecnarusnI?tisopeD?laredeF?rof?gnidivorp?stnemucodetucexe?ot?,ngissa?ro?,rerusaerT?ytiC?eht?swolla?seitiruces?fo?tnemngissa?eht?gnizirohtua?noituloseR?A??.dnob?yre grof?a?yb?derevoc?era?snoitcasnart?ehT?.serutangis?elimiscaf?raeb?lliw?tnuocca?’seitilitUcilbuP?retsehcoR?dna?,retsehcoR?knaB?ograF?slleW?ta?tnuoccA?lareneG?s’ytiC?eht?tsniaga?nettirw?skcehC.licnuoC? nommoC?eht?yb?noituloseR?a?yb?dezirohtua?eb?tsum?)60.A811-10.A811?setutatS?atosenniMrednu?dewolla(?stnemtsevni?etaitini?ot?ytirohtua?eht?sa?llew?sa?serutangis?elimiscaf?fo?esu?ehT?.3202?raey-dim?hguo rht?teg?ew?sa?slasoporp?rof?tseuqer?gniknaba?etelpmoc?ot?ytilibaliava?ecruoser?ssessa?lliw?eW?.retsehcoR?knaB?ograF?slleW?ta?tnuocca?lareneg?ehtot?derrefsnart?eb?lliw?dna?retsehcoR?knaB?SU?ta?era?sre tem?gnikrap?dna?seraf?sub?rof?stisopeD?.dehcattasi?,atosenniM?,retsehcoR?fo?ytiC?eht?fo?sdnuf?cilbup?eht?fo?seirotisoped?sa?,retsehcoR?knaB?ograF?slleWdna?retsehcoR?knaB?SU?gnitangised?noituloseR?A?. raey?lacsif?hcae?fo?gninnigeb?eht?ta?dehsilpmoccaeb?tsum?taht?)1?dbuS?,20.A811?etutatS?NM(?tnemeriuqer?yrotutats?a?si?seirotisoped?fo?noitangiseD:evitarraN?tropeR.seitiruceS?fo?tnemngissA?3202?eht?gn ivorppa?noituloseR?A?.3.serutangiS?elimiscaF?fo?noitazirohtuA?3202?eht?gnivorppa?noituloseR?A?.2.seirotisopeD?fo?noitangiseD?3202?eht?gnivorppa?noituloseR?A?.1?:gnitpodA:detseuqeR?noitcA???9.Fseitiru ceS?fo?tnemngissA?dna?,noitazirohtuAtnemtsevnI?&?erutangiS?elimiscaF?,tisopeD?3202 NOITCA?ROF?TSEUQER nosnitraM?elaD:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAygolonhceTnoitamrofnI?&?ecnaniF:TPED?GNITANI GIRO3202?,9?yraunaJ:ETAD?GNITEE T 48 seitiruceS?fo?tnemngissA?3202?“€â?noituloseRserutangiS?elimiscaF?gnizirohtuA?3202?“€â?noituloseRseirotisopeD?fo?noitangiseD?3202?“€â?noituloseR:stnemhcattA sirraH?yoJ:yB?deraperP?.emit?siht?ta?d etseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.enoN:tcapmI?ecruoseR?&?lacsiF?.yllaunna?detucexe?si?noitca?sihT:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.setutatS?etatS?NM?dna?ecnani drO?ytiC?fo?slevel?suoiravyb?deriuqer?sa?raey?eht?fo?gniteem?licnuoC?ytiC?tsrif?eht?ta?nekat?eb?tsum?taht?noitca?launna?na?si?sih RESOLUTION49 the end of the periods for which the same shall be deposited.with accrued interest, and pay on demand all time deposits, with accrued interest, at or after 3.The financial institutions shall pay on demand all deposits subject to payment on demand, or corporate surety bond provided by the financial institution.business in Minnesota. The provisions of Minn. Stat. §118A.03 apply to the collateral security collateral security or a corporate surety bond executed by a company authorized to do exceed available federal deposit insurance, the City requires the financial institution to furnish 2.To the extent that funds on deposit at the close of the financial institution’s banking day permitted by law.1.The City of Rochester reserves the right to modify, vacate, or revoke this resolution as BE IT FURTHER RESOLVED that this designation is subject to the following terms and conditions:PMA Financial NetworkPrincipal Financial GroupWells Fargo Bank RochesterUS Bank Rochesterterm beginning on January 1, 2023, and ending on December 31, 2023:hereby designated as depositories of the public funds of the City of Rochester, Minnesota, for the §118A.02, subd. 1(a), the following financial institutions, authorized to do business in Minnesota, are BE IT RESOLVED by the Common Council of the City of Rochester that, pursuant to Minn. Stat. Adopting the 2023Designation of Depositories. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF50Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023. RESOLUTION51Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF of the City of Rochester.facsimile signatures of Kim Norton, Mayor of the City of Rochester, and Dale R. Martinson, Treasurer financial institutions, when such checks, drafts, or other orders for payment of money bear the payment of money drawn on public funds of the City of Rochester on deposit with any of these designated as depositories by the City of Rochester, to honor checks, drafts or other orders for the authorize the US Bank of Rochester, the Wells Fargo Bank of Rochester, and all financial institutions BE IT RESOLVED by the Common Council of the City of Rochester thatthe City does hereby Adopting the 2023Authorizing of Facsimile Signatures. RESOLUTION52 Lani Towne, Accounting SupervisorTina M. Livingston, Senior Financial AnalystJudith E. Anderson, ControllerPeter Hogan, Director of Corporate ServicesMark Kotschevar, General Manager –Utilities or designated replacementhandling of Rochester Public Utilities funds may be signed by any one of the following:Utilities, and also designates that any and all other directions and instructions concerning the Norton, Mayor of the City of Rochester, and Mark Kotschevar, General Manager of Rochester Public withdrawal orders against Rochester Public Utilities account shall bear the facsimile signature of Kim BE IT FURTHER RESOLVED thatthe Common Council designates that all checks, drafts, and other Tracy Roeder, General Accountant (payroll only)Joy Harris, Accounting SupervisorRachel Houdek, Assistant Finance DirectorDale R. Martinson, Treasurer/Director of Financemay be signed by any oneof the following:designates that any and all other directions and instructions concerning the handling of City funds Mayor of the City of Rochester, and Dale R. Martinson, Treasurer of the City of Rochester, and withdrawal orders against the City’s general account shall bear the facsimile signature of Kim Norton, BE IT FURTHER RESOLVED thatthe Common Council designates that all checks, drafts, and other Common Council, for the term beginning on January 1, 2023, and ending on December 31, 2023.118A.06 or other applicable law, and the City’s investment policy duly adopted and amended by the designee to make investments of funds pursuant to Minnesota Statutes, Section 118A.01 through BE IT FURTHER RESOLVED that the Common Council authorizes the City’s Treasurer and his/her or held by the City for the term beginning on January 1, 2023,and ending on December 31, 2023.endorse and to deposit in such account checks, drafts, and other instruments and funds payable to to consent to the financial institution’s rules and regulations governing bank accounts; and (d) to signature card containing a specimen signature of officers or other persons hereinafter named; (c) Rochester or Wells Fargo Bank Rochester; (b) to execute and deliver to these financial institutions a officer or other person hereinafter named: (a) to open or continue an account with US Bank BE IT RESOLVED by the Common Council of the City of Rochester that that the City authorizes any Adopting the 2023Assignment of Securities. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF53Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023. M 54 fo?tnuoma?emas?eht?yb?tesffo?ton?si?taht?2202YF?ni?esnepxe?fo?005,3$?lanoitidda?na?rucni?dluow?DFR,tseuqer?siht?yned?ot?tpo?licnuoC?ytiC?eht?dluohS?.emit?siht?ta?detseggus?era?snoitca?evitanretl a?oN:)s(noitcA?evitanretlA.tegdubDFR?llarevo?eht?no?dna?,llim?pets?eht?fo?esahcrup?rof?DFR?ot?tcapmi?lacsif?eht?nessel?lliw?noitanod?ehT:tcapmI?ecruoseR?&?lacsiF.seitilapicinum?ot?epyt?siht?fo?stfig? fo?ecnatpecca?wolla?71.174?dna?30.564setutats?etats?atosenniM?.derrucco?evah?tcartnoc?siht?ot?detaler?yltcerid?snoitca?evitalsigel?roirp?oN:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.llim?pets? eht?gnisahcrup?fo?esnepxe?005,3$eht?tesffo?lliw?hcihw?,005,3$?fo?tnuoma?eht?ni?tegdub?DFR?eht?ot?eunever?esaercni?lliw?ecnatpeccA:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?la csiFytefaS?cilbuP:selpicnirP?lanoitadnuoF?&?seitiroirP??.ffats?eriF?fo?ssentif?eht?gninehtgnertsni?tsissa?dluoc?yeht?fi?DFR?deksa?noitadnuoF?ehT?.sllac?esoht?ot?dnopser?ot?tif?yllacisyhp?ebot?eriF?ni ?maet?eht?rof?deen?eht?dna?sllac?detaler-laidem?ot?sesnopser?s'DFR?fo?erawa?si?noitadnuoF?ehT??.stnediser?retsehcoR?fo?ytefascilbup?eht?ot?detaler?seitud?tuo?yrrac?ot?ytiliba?rieht?gnivorpmi?,setamma et?erif?fo?ssenllew?dna?htlaeh?ehtot?etubirtnoc?lliw?dna?,3?.oN?noitatS?eriF?ni?desu?eb?lliw?llim?pets?ehT?.llim?pets?a?fo?esahcrup?eht?drawotdesu?eb?ot?,DFR?eht?ot?005,3$?fo?tnuoma?eht?ni?kcehc?a?de tanod?sah?noitadnuoF?mudeW?.A.J?ehT:evitarraN?tropeR.3?.oN?noitatS?eriF?ta?desu?eb?ot?llim?pets?a?fo?esahcrup?eht?drawot?desu?eb?ot?,)DFR(?tnemtrapeDeriF?retsehcoR?eht?ot?005,3$?fo?tnuoma?eht?ni?noit adnuoF?mudeW?.A.J?eht?morf?noitanod?a?gnitpeccA:detseuqeR?noitcA???01.FnoitadnuoF?mudeW?.A.J?eht?morf?noitanoD NOITCA?ROF?TSEUQER aksreK?cirE:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtnemtrapeD?eriF:TPE D?GNITANIGIRO3202?,9?yraunaJ:ETAD?GNITEE r 55 3?.oN?noitatS?eriF?rof?lliM?petS?a?fo?esahcruP?eht?rof?noitadnuoF?mudeW?.A.J?morf?noitanoD?-?noituloseR.noitadnuoF?mudeW?.A.J?morf?DFR?rof?sdnuF?detangiseD?doowerohS?-?retteL?drawA:stnemhcattA immE?ymereJ:yB?deraperP.euneve 56 RESOLUTION57used in accordance with the donor’s wishes and in accordance with the law. Rochester, Minnesota, hereby accepts the above listed donation and directs that it be NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of donation offered.WHEREAS, the Common Council finds generally that it is appropriate to accept the strategic priorities and foundational principles; andWHEREAS, all such donations have been contributed to assist the City in executing its WHEREAS, no goods or services were provided in exchange for said donation; andpurchase of a step mill to be used at Fire Station No. 3; andGift/Donation: $3,500 to the Rochester Fire Department (RFD), to be used toward the Name of Donor: J.A. Wedum Foundationforth below to the City:WHEREAS, the following persons and/or entities have offered to contribute the gifts set benefit of recreational services pursuant to Minnesota Statutes, Section 471.17; andbenefit of its citizens, and is specifically authorized to accept gifts and bequests for the of real and personal property pursuant to Minnesota Statutes, Section 465.03, for the WHEREAS, the City of Rochester, Minnesota, is generally authorized to accept donations forFire Station No. 3.Accepting Donation from J.A. Wedum Foundation for the Purchase of a Step Mill PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF58Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023. M 59:stnemhcattA immE?ymereJ:yB?deraperP?.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tegdub?DFR?llarevo?eht?ni?sesnepxe?launna?fo?tcapmi?lacsif?eht?nessel?lliw?noitanod?e hT:tcapmI?ecruoseR?&?lacsiF.seitilapicinum?ot?epyt?siht?fo?stfig?fo?ecnatpecca?wolla?71.174?dna?30.564setutats?etats?atosenniM?.derrucco?evah?tcartnoc?siht?ot?detaler?yltcerid?snoitca?evitalsigel?roi rp?oN??:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.tnemtraped?eht?yb?derrucnisesnepxe?tesffo?nac?hcihw?,005$?fo?tnuoma?eht?ni?tegdub?DFR?eht?ot?eunever?esaercni?lliw?ecnatpeccA:tcapmI?IED?&?sno itaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFytefaS?cilbuP:selpicnirP?lanoitadnuoF?&?seitiroirP?".deentsetaerg?fo?aera?eht?ni?stroffe?\]ruo\[y?troppus?ot"?desu?eb?ot?005$?fo?tnuoma?eht?ni ?kcehc?a?gnitanodyb?krow?s'DFR?troppus?rehtruf?ot?ekil?dluow?dna?ytinummoc?eht?fo?ssenllew?dna?htlaeh?eht?ni?syalp?DFRelor?eht?dnatsrednu?yeht?;ytinummoc?eht?ni?seiticapac?ynam?ni?DFR?htiw?skrow?retn eC?lacideM?detsmlO:evitarraN?tropeR".deen?tsetaerg?fo?aera?eht?ni?stroffe?\]ruo\[y?troppus?ot"?desu?eb?ot?,)DFR(?tnemtrapeDeriF?retsehcoR?eht?ot?005$?fo?tnuoma?eht?ni?retneC?lacideM?detsmlO?morf?noit anod?a?gnitpeccA:detseuqeR?noitcA???11.FretneC?lacideM?detsmIO?morf?noitanoD NOITCA?ROF?TSEUQER aksreK?cirE:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtnemtrapeD?eriF:TPED?GNITANIGIRO3202?,9?yraunaJ:ETAD? GNITEE L 60 tnemtrapeD?eriF?retsehcoR?eht?ot?retneC?lacideM?detsmlO?morf?noitanoD?-?noituloseR2202?,81?rebmeceD?retneC?lacideM?detsmlO?morf?005$?fo?noitanoD?-?rette 61 RESOLUTION62used in accordance with the donor’s wishes and in accordance with the law. Rochester, Minnesota, hereby accepts the above listed donation and directs that it be NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of donation offered.WHEREAS, the Common Council finds generally that it is appropriate to accept the strategic priorities and foundational principles; andWHEREAS, all such donations have been contributed to assist the City in executing its WHEREAS, no goods or serviceswere provided in exchange for said donation; andefforts in the area of greatest need."; andGift/Donation: $500 to the Rochester Fire Department (RFD), to be used "to support y\[our\] Name of Donor: Olmsted Medical Centerforth below to the City:WHEREAS, the following persons and/or entities have offered to contribute the gifts set benefit of recreational services pursuant to Minnesota Statutes, Section 471.17; andbenefit of its citizens, and is specifically authorized to accept gifts and bequests for the of real and personal property pursuant to Minnesota Statutes, Section 465.03, for the WHEREAS, the City of Rochester, Minnesota, is generally authorized to accept donations Department.Accepting Donation from Olmsted Medical Centerto the Rochester Fire PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF63Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023. M 64.ecrofkrow?degagne?na?gniniatniam?ot?laitnesse?si?kcabdeefelbanoitca?dna?ylemiT?.noitazinagro?eht?nihtiw?gnignoleb?fo?esnes?a?ot?dael?nac?dna?tesdnim?htworga?segaruocne?snalp?gninrael?dezilaudivi dni?gnitomorP?.ytiC?eht?ta?selor?erutuf?rof?slliks?rieht?poleveddna?worg?osla?tub?,selor?tnerruc?rieht?ni?ecnamrofrep?evorpmi?ylno?ton?ot?setammaet?tnerruc?ruo?swollahcihw?,ecapStnelaT?abaS?ni?snalp? tnempoleved?tnemelpmi?nac?seeyolpme?dna?srosivrepus?,yllanoitiddA??.gnipytoerets?ticilpmi?sa?llew?sa?saib?ytiniffa;saib?noitamrifnoc?;saib?nroh/olah?gnidulcni?,sesaib?sserdda?suht?dna?snoitalupop?det neserperrednurof?sgnitar?ecnamrofrep?ni?sdnert?weiv?ot?dezilitu?eb?nac?ecapStnelaT?abaS?.dedivorp?kcabdeefelbanoitca?timil?ro?gnitar?ecnamrofrep?a?ecneulfni?esiwrehto?yam?taht?sesaib?gnitanimile?,ecn amrofreptuoba?snoitasrevnoc?lufgninaem?ni?egagne?ot?seeyolpme?dna?srosivrepus?swolla?noitazidradnatssihT?.sseccus?fo?srotacidni?yek?dna?slaog?nopu?deerga?tsniaga?ecnamrofrep?eeyolpme?gnirusaemot?laci tirc?si?ssecorp?weiver?ecnamrofrep?lamrof?A?.setammaet?lla?rof?seicnetepmoc?lanoitazinagrofo?noitaulave?tnetsisnoc?eht?gnirusne?,ssecorp?mrofinu?a?sedivorp?metsys?tnemeganam?ecnamrofrep?A:tcapmI?IED? &?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.sesnecilresu?058?sedulcni?esahcrup?siht?dna?stnemtraped?lla?yb?d esu?si?ecapStnelaT?abaS?.snalp?tnempoleveddna?slaog?,sksat?eganam?dna?etaerc?ot?ecapStnelaT?abaS?ezilitu?nac?sreganam?dna?seeyolpmE?.noitacinummoc?tneuqerf?erom?sa?llewsa?noitaulave?launna?na?ni?htob ?,kcabdeef?gniogno?edivorp?ot?loot?a?seeyolpme?dna?sreganam?sedivorpmetsys?sihT?.rennam?elbarusaem?dna?,ylemit?,tnetsisnoc?a?ni?ecnamrofrep?eeyolpme?setacinummocdna?skcart?,metsys?tnemeganam?ecnamrof rep?a?,ecapStnelaT?abaS?.slaog?lanoitazinagro?dnalaudividni?fo?tnemeveihca?dna?ecnamrofrep?eeyolpme?lufsseccus?ot?lacitirc?si?kcabdeef?gniogno?,evitceffE:evitarraN?tropeR.)erawtfoS?weiveR?ecnamrofreP (?tcennoCSIRH?negolaH?dna?ecnamrofreP?ecapStnelaT?abaS?ot?ssecca?deunitnoc?rof?,4202?,3?yraunaJ?-?3202,4?yraunaJ?morf?87.111,65$?fo?tnuoma?eht?ni?,cnI?erawtfoS?abaS/enotsrenroC?htiw?tcartnoc?a?gnizir ohtuA:detseuqeR?noitcA???21.FerawtfoS?tnemeganaM?ecnamrofreProf?.cnI?erawtfoS?abaS/enotsrenroC?htiw?tcartnoC NOITCA?ROF?TSEUQER hsirraP?noraA:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAsecruoseR?namuH:TPE D?GNITANIGIRO3202?,9?yraunaJ:ETAD?GNITEE P 65 erawtfoS?abaS?retsehcoR?fo?ytiC?roF?mroF?redrO?-?tcartnoC:stnemhcattA hsirraP?noraA:yB?deraperP??.noitaulave?taht?fo?tnemele?na?eb?lliw?sihT??.erawtfos?gninnalpecruoser?esirpretne?ytiC?ruo?fo?no itaulave?na?devorppa?yltnecer?licnuoC?ytiC?eht?taht?deton?eb?dluohs?tI?.ssecorp?tnemeganam?ecnamrofrep?eht?gnitelpmoc?ot?sehcaorppa?launam?erom?rehto?etaulave?ot?deendluow?ytiC?ehT?.metsys?tnemeganam ?ecnamrofrep?fo?noitanimile?dna?ecapStnelaT?abaS?htiw?tcartnocfo?noitallecnac?ni?tluser?dluow?tseuqer?fo?laineD?.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA??.sesnepxe?reh to?gnizitiroirp?yb?stnuomategdub?secruoseR?namuH?devorppa?nihtiw?detadommocca?eb?lliw?tub?,tegdub?eht?ni?detcejorp?yllanigironaht?rehgih?ylthgils?era?sraey?htoB??.211,65$?si?3202?rof?tsoc?eht?dna?659 ,15$?saw?2202?rof?tsoc?ehT:tcapmI?ecruoseR?&?lacsiF.etad?tcartnoc?lanigiro?ecnisraey?hcae?dednetxe?neeb?sah?tcartnoc?ehT?.1102?yraunaJ?ni?saw?erawtfos?siht?rof?tcartnoc?lanigiro?ehT:tnemegagnE?ytinum moC?&?snoitcA?evitalsigeL?roir 66 # exemption certificate.If Yes, please provide exemption number and Is customer tax exempt? # purchase:If Yes, please provide PO number to cover the above Does customer use purchase order? Billing Information s.This Order and the products and services listed above are subject to the existing agreement in place between the partie invoice for annual fees will be prorated from Order Effective Date to one day prior to Customer’s next anniversary date.invoiced annually, beginning on the Order Effective Date, through the Subscription End Date. If applicable, the first Annual fees are functionality, features, or products.uture Customer/Client acknowledges that this Order is not reliant or contingent upon the delivery, or promise of delivery, of any f 31, 2022.December ove pricing shall apply provided this Order is executed and returned by Customer/Client prior to 5 p.m. local time onThe ab period, beginning with the first period of the renewal.rease per quantities, the fees for the renewal will be the same as the annualized fees for the last period of this Order, plus a 5% incs Order be renewed for the same term length, products, and With the exception of EdCast, content and third party offerings, should thi 813) or a prior Order, this Order represents a modified one (1) year renewal commencing on the Effective Date.-2010-Agreement #12arties (Subscription Software License and Services Notwithstanding anything to the contrary contained in the agreement between the p Terms and Conditions: $56,111.78 )OrderTerm of Fees ( SubscriptionTotal Halogen HRIS Connect (1 installation) $5,101.08 12 Month(s) Seats installation)Connect ™ (1 Halogen® HRIS -- performance reviewsdevelopment plans and Saba TalentSpace Performance is a performance management tool that supports feedback, goals, $51,010.70 12 Month(s) Seats Performance™Saba TalentSpace -- Total Term Quantity Product/Service Name Products and Services January 4, 2023 Effective Date: Electronic Ship Via: bbrown@rochestermn.gov 2560-(507) 328 55904 United StatesMinnesota 201 4th Street SE, Rochester, Brian Brown bbrown@rochestermn.gov 2560-(507) 328 55904 United States201 4th Street SE, Rochester, Minnesota BrownBrian Currency: City of Rochester, MN City of Rochester, MN Type: Order Ship To: /ClientCustomer Bill To: /ClientCustomer eddiemartinez@csod.com mail: -E Eddie Martinez Prepared By: 12401-12-2022 :No Order Canada Ottawa, ON K2K 3G1 495 March Road, Suite 100 Saba Software (Canada) Inc. 1Page Saba Confidential 67 \\i8\\ \\i7\\ \\i6\\ \\d9\\ Date: \\t9\\ Title: \\n9\\ Name: \\s9\\ Signature: Saba Software (Canada) Inc. \\d1\\ Date: \\t1\\ Title: \\n1\\ Name: \\s1\\ Signature: City of Rochester, MN Federal Tax ID# / VAT # (if applicable) Customer) demail address (to be completePlease send invoices to the following 2Page Saba Confidential M 68 eb?lliw?noitacifiton?ytinummoc?rof?sucof?yramirp?ehT?.dootsrednu?era?,.cte?,ssecca?,eludehcs?,saeragnigats?noitcurtsnoc?gnidrager?sliated?ecno?rucco?lliw?noitacifiton?cilbuP?.eludehcs?etamixorpp a?dnatcejorp?eht?fo?demrofni?neeb?evah?srenwo?ytreporp?etavirp?tnecajda?llA?.srenwo?ytreporp?etavirp?tcapmiyltnacifingis?ot?detcepxe?ton?si?dna?yaw-fo-thgir?cilbup?eht?nihtiw?yliramirp?rucco?lliw?tce jorp?desoporp?ehT??056,945$?????????????????????????????????????etamitsE?reenignE09.193,331,1$?????????????????????????.oC?snoS?&?rednaloB?lraC131,677$??????????????gnikcurT?&?gnitavacxE?dlaregztiF08 .366,296$???????????????????????????????.cnI?,gnitavacxE?noclA05.519,746$?????????????????????????????.cnI?,noitcurtsnoC?roclE734,145$???????????????????????????????????seinapmoC?uaedaN?:2202?,6?rebm eceD?no?deviecer?erew?sdib?gniwollof?ehT?.tcejorp?noitazilibats?lennahc?regral?eht?htiw?yltcefrep?sngila?noitcennoc?liarteht?fo?noitcurtsnoc?ehT?.yaw-fo-thgir?cilbup?eht?nihtiw?hctid?eht?revo?gnissor c?efas?a?edivorp?ot?dednetnisi?noitcennoc?liart?ehT?.liarT?salguoD?eht?dna?WN?tS?41?fo?)cas-ed-luc(?tnetxe?nretsew?eht?neewtebnoitcennoc?liart?nairtsedep?a?hsilbatse?ot?)AIC(?noitcA?detaitinI?licnuoC ?a?setaroprocni?osla?tcejorp?sihT?.liarT?salguoD?gnola?WN?tS?ht7ot?dnetxe?dna?WN?tS?ht51?raen?detacol?llaftuo?rewes?mrots?gnitsixe?eht?neewteb?serusaem?noitazilibatsknab?lennahc?dna?rewes?mrots?fo?no itallatsni?eht?fo?tsisnoc?lliw?tcejorp?sihT?.sdilos?dednepsus?latot?rofderiapmi?si?hcihw?,keerC?edacsaC?ot?sgnidaol?tnemides?ecuder?ot?timreP?II?esahP?)4SM(?metsyS?reweSmrotS?etarapeS?lapicinuM?eht?f o?snoitagilbo?dna?,secivres?ytilitu?fo?noitavreserp?,snoitaredisnoc?ytefasno?desab?si?tcejorp?eht?rof?noitacifitsuJ?.liarT?salguoD?tnecajda?yletaidemmi?eht?dna?selop?rewop?)UPR(seitilitU?cilbuP?retse hcoR?tnecajda?fo?ytilibats?eht?ot?taerht?a?esop?hcihw?,sknab?lennahc?eht?fo?gnitsawssam?dna?noisore?tneverp?ot?lennahc?ecnayevnoc?retawmrots?a?ezilibats?ot?si?tcejorp?siht?fo?esoprup?ehT:evitarraN?tr opeR?.0176J?.oN?tcejorP?-?liarTsalguoD?gnola?WN?tS?ht7?dna?WN?tS?ht51?neewteb?yratubirT?keerC?edacsaC?fo?noitazilibatS?lennahCrof?734,145$?fo?tnuoma?eht?ni?seinapmoC?uaedaN?htiw?tcartnoc?a?gnivorppa? noituloseR?a?gnitpodA:detseuqeR?noitcA???31.F0176J?.oN?tcejorP-?liarT?salguoD?gnola?WN?tS?ht7?dna?WN?tS?ht51neewteb?yratubirT?keerC?edacsaC?fo?noitazilibatSlennahC?rof?seinapmoC?uaedaN?htiw?tcartnoC NOITCA?ROF?TSEUQER nietskcuL?noraA:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO3202?,9?yraunaJ:ETAD?GNITEE d 69 0176J?.oN?tcejorP?-?liarT?salguoD?gnolayratubirT?keerC?edacsaC?fo?noitazilibatS?lennahC?rof?seinapmoC?uaedaN?htiw?tcartnoC?-?noituloseR0176J?.oN?tcejorP?“€â?liarT?salguoDgnola?WN?tS?7?dna?WN?tS? 51?neewteb?yratubirT?keerC?edacsaC?fo?noitazilibatS?lennahC?-?tcartnoC0176?.oN?tcejorP?-?liarT?salguoD?gnola?WNTS?7?dna?WN?TS?51?neewteb?yratubirT?keerC?edacsaC?fo?noitazilibatS?lennahC?-?paM?noitaco L?tcejorPliarT?salguoD?gnolaWN?TS?7?dna?WN?TS?51?neewteb?yratubirT?keerC?edsacsaC?fo?noitazilibatS?lennahC?-?teehS?tegduB:stnemhcattA noskcirE?yorT:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evit anretla?oN:)s(noitcA?evitanretlA.seussI?eganiarD?lacirotsiHgnisserddA?rof?gnidnuF?margorP?launnA?,5056J?.oN?tcejorP?ytiC?morf?emoc?lliw?ylsuoiverp?deliated?neebsah?tahw?dnoyeb?gnidnuf?ynA?.noitcurtsn oc?drawot?000,01$?edivorp?lliw?ytreporp?gnittifeneb?yramirp?ehtfo?srenwo?eht?htiw?tnemeerga?noitubirtnoc?A?.gnidnuf?eht?fo?000,066$?esirpmoc?sgninrae?deniateR?.dnuFesirpretnE?ytilitU?retaW?mrotS?eht? fo?sgninrae?deniater?yb?yliramirp?dednuf?eb?lliw?,0176J?.oN?tcejorP?ytiC,41?.oN?paM?sa?nalP?tnemevorpmI?latipaC?retaW?mrotS?5202?-?0202?eht?ni?deifitnedi?saw?tcejorp?sihT:tcapmI?ecruoseR?&?lacsiF??sd iB?rof?esitrevdA?ot?krelC?ytiC?ezirohtuA?-?gniteeM?licnuoC?:1202?,12?enuJAIC?dna?ngiseD?laniF?rof?tcartnoC?evorppA?-?gniteeM?licnuoC?:0202?,4?yaMydutS?ytilibisaeF?rof?tcartnoC?evorppA?-?gniteeM?licnu oC?:9102?,61?rebmetpeS:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.saeraecitsuj?latnemnorivne?ot?tnecajda?ro/dna?detcennoc?smetsys?liart?lanoiger?dna?saera?lacol?ot?ytivitcennocdna?metsys?ecnaye vnoc?retawmrots?egral?a?dnuora?ytefas?desaercni?sedivorp?tcejorp?siht?,rehtruF?.hcaer?tcejorp?eht?hguorht?noitadarged?dna?noisore?knab?gnitanimilero/dna?gnicuder?yltaerg?yb?reviR?orbmuZ?kroF?htuoS?/? keerC?edacsaC?rof?)SST(?sdiloS?dednepsuSlatoT?rof?)LDMT(?daoL?yliaD?mumixaM?latoT?dna?timreP?II?esahP?)4SM(?metsyS?reweS?mrotSetarapeS?lapicinuM?eht?fo?snoitagilbo?detaler?dna?)PPPWS(?nalP?noitneverP ?noitulloP?retaW?mrotSs'ytiC?eht?stroppus?tcejorp?siht?,noitidda?nI?.ytefas?nairtsedep?dna?,tnemeganam?nialpdoolf?,ecnayevnocretawmrots?ot?detaler?sdradnats?ngised?dna?seicilop?ytiC?htiw?tnetsisnoc?s i?tcejorp?desoporp?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP ytefaS?cilbuPpihsdrawetS?latnemnorivnE:selpicnirP?lanoitadnuoF?&?seitiroirP.aera?tcejorp?eht?ot?tnecajda?eil?taht?sessenisub?dna?liarT?salguo D?eht?fo?sresu?drawot?detceri 12/30/2022 70 COUNCIL ACTION DATECompletion DateProject Substantial Channel Stabilization of Cascade Creek Tributary between 15th St NW and 7th St NW along Douglas Trail Date of Origination Storm Sewer (450)TOTAL Land Acquisition (Wetland Mitigation + Filing Fee)Engineering, Interest, ContingenciesStorm Water Ponds (750)TOTALTOTAL 0.0%100.0%100.0%98.6%98.7%Retained Earnings (Storm Water Utility)82041.4%1.3%Developer Funds/Contributions FUNDING DISTRIBUTION PERCENTAGE$731,656.14$742,333.04$721,656.14$732,333.04Retained Earnings (Storm Water Utility)$10,000.00$10,000.00D eveloper Funds/Contributions FUNDING DISTRIBUTION$731,656.14$742,333.04$27,788.04$27,788.04$162,431.10$164,895.00$541,437.00$549,650.00 SUB-TOTAL$355,101.00$405,017.00$186,336.00$144,633.00 CONSTRUCTION COSTSFINALCONTRACTFEASIBILITYENGINEER ESTIMATE /12/06/2206/14/2206/30/23 Description:06/14/22CIP Project No.: 14Type: Stormwater State Aid No.Page No.: Year: 20206710 J No.Capital Improvement Information:Project No.CityProject Inspector:Nadeau CompaniesContractor:SEH Engineering Firm:Troy Erickson, PE, ENV SPProject Manager:BUDGET DATA SCHEDULE FOR CONSTRUCTION CONTRACT 1 71 teeF5210050520 µ dxm.paM aerA etiS noitazilibatS lennahC yratubirT keerC edacsaC 0756J 11909102\\9102\\spaM\\spaM_ASP\\SIG\\GNIPPAM\\:P :htaP tnemucoD lanoitanretnI yrtemotciP morf yregami 9102 :dnuorgkcaB.atad siht fo esu eht fo tuo gnisira yltceridni ro yltcerid egamad ro ssol yna ot tcepser htiw ytilibail on evah llahs retsehcoR fo ytiC ehT .pam siht no deniatnoc noitamrofni eht ot tcepser htiw ,esoprup ralucitrap a rof ssentif fo seitnarraw deilpmi ot detimil ton tub gnidulcni ,deilpmi ro sserpxe ,seitnarraw lla smialcsid yllacificeps retsehcoR fo ytiC ehT.ngised deliated tcudnoc ot .cte ,snoisnemid ,snoitacol ,snoitavele gniyfirev dleif rof ytilibisnopser s’resu eht si tI .ylno ecnerefer sa desu eb dluohs dna deifirev dleif neeb ton sah deniatnoc ataD aerA tcejorP etamixorppAepiP mrotS WN TS 51WN TS 41WN TS 2/1 61S 6 CITY OF ROCHESTER, MINNESOTA72Corporate Acknowledgement13.W-9 Form12.Contractor’s Supplemental Responsible Contractor Certificate11.Workers Compensation Insurance Certificate10.Payment Bond for Labor and Material (if needed)9.Performance Bond8.Tennessen Warning7.This Contract6.identified as Sheets 1 to _______ forPlans and drawings which areattached to the Specifications or which are 5.Specifications4.Special Provisions, (if any)3.General Conditions of the Specifications for Public Improvements2.The Form of Proposal (conformed copy)1.parts:ARTICLE IV. The Contract Documents shall consist of the following component .$541,437.00of quantities, is estimated to be Rochester, Minnesota, the aggregate of which prices, based on the approximate schedule to those in the accepted Contractor's proposal on file in the office of the City Clerk of in the conformed copy of the Form of Proposal hereto attached, which prices shall conform accept payment in accordance with the prices bid for the unit or lump sum items as set forth ARTICLE III. The Owner agrees to pay and the Contractor agrees to receive and .June 30, 2023be fully and satisfactorily completed on, or beforeARTICLE II. The Contractor agrees that the work contemplated by this contract shall and to do everything required by this agreement and the contract documents.along Douglas TrailJ6710Channel Stabilization ofCascade Creek Tributary between15 St NW to 7 St NW Minnesota for all the provisions of the plans and specifications prepared by the City Engineer of Rochester, ARTICLE I. The Contractor hereby covenants and agrees to perform and execute the consideration hereinafter stated, agree as follows:"Contractor". THIS AGREEMENT WITNESSETH, that the Owner and the Contractor, for hereinafter called the Nadeau Companies, 23995 Lee Ann Drive, Hampton MN 55031 by and between the City of Rochester, Minnesota, hereinafter called the "Owner" and THIS AGREEMENT, made and signed this _______ day of ________________, 20 ____, FORM OF CONTRACT J6710Channel Stabilization of Cascade Creek Tributary between15 St NW and73Michael Spindler-Krage, City Attorney____________________________________Approved as to Form & ExecutionTitleByTitleByContra ctor Kelly K. Geistler, City ClerkAttest Kim Norton, MayorByThe City of Rochester, Minnesotaseals as of the day and year first above written.IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands and and conditions.contractor has read this agreement, understands it, and agrees to be bound by its terms by the signature below of its authorized representative, hereby acknowledges that the representations, oral or written, not specified herein regarding this agreement. Contractor, writing and signed by both parties. There are no understandings, agreements, or consent, modification, or change of terms of this agreement shall bind either party unless in This contract constitutes the entire agreement between the parties. No waiver, provided for in writing by the parties.shall prevail against any inconsistencies found in the Form of Proposal, unless otherwise repeated. The terms of the General Conditions of Specifications and Special Provisions Contract, and all documents are as fully a part of the contract as if attached hereto or herein This contract, together with the documents hereinabove mentioned, form the 7 St NW along Douglas Trail RESOLUTION74be deemed to have abandoned the same.the contract is ready for their signature, and if not executed by them in said time, they shall BE IT FURTHER RESOLVED that the bidder shall execute all contracts within 10 days after lowest bidder, which shall be retained until the contract has been executed; anddeposits made with their bids, except the deposits of the successful bidder and the next BE IT FURTHER RESOLVED that the City Clerk is directed to return to all bidders the ; andStNW and 7th StNW along Douglas TrailChannel Stabilization of Cascade Creek Tributary -Project No. J6710 between 15th is authorized for the following approved project: Nadeau Companiesconstruction with is hereby accepted and execution of the standard City contract for $541,437 that the bid of NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Rochester bidder.is the lowest responsive and responsible Nadeau CompaniesWHEREAS, it appears that $1,133,391.90; andCarl Bolander & Sons Co.$ 776,131.00Fitzgerald Excavating & Trucking$ 692,663.80Alcon Excavating, Inc.$ 647,915.50Elcor Construction, Inc.$ 541,437.00Nadeau Companiesadvertisement:, the following bids were received complying with the 7th ST NW along Douglas TrailStabilization of Cascade Creek Tributary -Project No. J6710 between 15th ST NW and Channel WHEREAS, pursuant to an advertisement for bids for the following project: No. J6710 between 15th StNW and 7th StNW along Douglas Trail.Awarding Contract for Channel Stabilization of Cascade Creek Tributary -Project PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF75Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVEDTHIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023. M 76??.meti?gniteem?licnuoC?ytiC?,2202?,7?rebmetpeS?eht?ta?evitarepooC?gnisahcruP?SPIT?sa?nwonkretteb?,)SPIT(?metsyS?gnisahcruP?lacolretnI?ehT?ni?noitapicitrap?devorppa?licnuoC?ytiC?ehT??.margorpgnis ahcrup?etats?eht?ot?ralimis?si?margorp?gnisahcrup?sihT?.margorP?gnisahcruP?evitarepooC?SPITeht?ni?noitapicitrap?s'ytiC?eht?hguorht?dib?ylevititepmoc?saw?lairetam?elbaxat-non?fo?esahcrup?renwo?ehT?00. 000,368,2$00.000,04$00.000,328,2$noitcurtsnoC?nostunK00.006,966,2$00.006,64$00.000,326,2$nosrednA-suarKtnuomA?latoT1?etanretlAdiB?esaBemaN?reddiB?.retneCtrA/CMM?–?noitisnarT?ygrenE?gnidliuB?nwotnwoD? 2202?7301J?morf?stluser?dib?detalubat?eht?era?woleB?.3202?rebotcO?yb?maets?fo?ffo?trA/CCM?noitisnart?ot?lairetam?elbaxat-noneht?rof?si?7301J?.oN?tcejorP?rof?snoituloS?lacinahceM?tsewdiM?gnidrager?noi tuloseR?ehT?.3202?rebotcOyb?maets?fo?ffo?trA/CCM?eht?noitisnart?ot?noitrop?lairetam?elbaxat?dna?robal?eht?rof?tcartnoc?a?fo?drawana?si?7301J?.oN?tcejorP?rof?noitcurtsnoC?nosrednA-?suarK?gnidrager?noi tuloseR?ehT?.noilliM?6.51$?rof,0202?,6?enuJ?no?licnuoC?ytiC?eht?yb?devorppa?saw?)TEBD(?noitisnarT?ygrenE?gnidliuB?nwotnwoD?ehT:evitarraN?tropeR.7301J?.oN?tcejorP?-trA/CCM?noitisnarTygrenE?gnidliuB?nw otnwoD?eht?ot?detaler?slairetaM?tpmexE?xaT?selaS?desahcrup?renwo?rof31.480,418$?fo?tnuoma?eht?ni?snoituloS?lacinahceM?tsewdiM?ot?tcartnoc?a?gnidrawa?noituloseR?A?.2.7301J.oN?tcejorP?-?)trA/CCM(?retne C?trA/retneC?civiC?oyaM?noitisnarT?ygrenE?gnidliuB?nwotnwoDeht?ot?detaler?,slairetam?elbaxat?dna?robaL?rof?1.oN?etanretla?dna?dib?esab?eht?rof?006,966,2$fo?tnuoma?eht?ni?ynapmoC?noitcurtsnoC?nosrednA -suarK?ot?tcartnoc?a?gnidrawa?noituloseR?A?.1:gnitpodA:detseuqeR?noitcA???41.F7301J?.oN?tcejorP?-?retneC?trA/retneC?civiCoyaM??ygrenE?gnidliuB?nwotnwoD?:drawA?tcartnoC NOITCA?ROF?TSEUQER yesmaR?tocS:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAnoitartsinimdA?ytiC:TPED?GNITANIGIRO3202?,9?yraunaJ:ETAD?GNITEE ?77 7301J?.oN?tcejorP?-?TRA.CCM“€ânoitisnarT?gnidliuB?ygrenE?nwotnwoD?2202?rof?CLL?,htroN?neirB™€âO?salaS?-?tnemeergA?gnireenignE:stnemhcattA yesmaR?tocS:yB?deraperP?.emit?siht?ta?detseggus?snoitca?e vitanretla?oN:)s(noitcA?evitanretlA?.gnidnob?morf?000,006,8$?dna?sdnuf?ytilibats?citsiloh?ni?000,000,7$?hguorhteb?lliw?7301J?.oN?tcejorP?)TEBD(?noitisnarT?ygrenE?gnidliuB?nwotnwoD?eht?rof?gnidnuf?M6. 51$?ehT:tcapmI?ecruoseR?&?lacsiF?.devorppA?drawA?tcartnoC?noitisnarT?maetS?yrarbiL?-?licnuoC?ytiC?:2202?,3?rebotcO?.devorppA?drawA?tcartnoC?slortnoC?noitamotuA?gnidliuB?yrarbiL?-?licnuoC?ytiC?:2202?, 02?enuJ).devorppa?noitpo?decnahnE-?2.H(?.noilliM?6.51$?rof?)TEBD(?noitisnarT?ygrenE?gnidliuB?nwotnwoD?-?licnuoC?ytiC?:2202?,6?enuJ:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.seitilicaf??retneC? trA?dna?retneC?civiC?oyaM?eht?rof?gnitaehedivorp?ot?deriuqer?si?krow?sihT?.3202?rebotcO?retfa?deunitnocsid?eb?lliw?ytnuoC?eht?morf?ecivres?maetS:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?& ?ycnarbiV?cimonocEytilibaniatsuS?&?ytilibisnopseR?lacsiF:selpicnirP?lanoitadnuoF?&?seitiroirP?.gniteem?licnuoC?ytiC?,3202?,32?yraunaJ?eht?ta?detneserp?eb?lliw?tegdub?tcejorpeht?fo?noitailicnocer?lani f?ehT??.tegdub?rednu?ni?emoc?htob?evah?segakcap?dib?trA/CCM?dna?yrarbiL?ehT?.gniteem?licnuoC?ytiC?3202?,32?yraunaJeht?no?lavorppa?drawa?rof?dettimbus?dna?3202?,5?yraunaJ?no?deviecer?eb?lliw?sdiB?-?ll aH?ytiC?.4.gniteem?licnuoC?ytiC?,3202?,9?yraunaJ?rof?dettimbus?detseuqer?drawa?-?retneC?trA?&?CCM?.3.064,473$?rof?2?.oN?egakcaP?diB?-7301J?&097,995$?rof?1.oN?egakcaP?diB?-7301J?,2202?,3?.tcO?no?drawa ?tcartnoc?-?noitisnart?maets?yrarbiL?.2.989,995$?rof,2202?,02?enuJ?no?licnuoC?ytiC?yb?devorppa?drawa?tcartnoc?-?slortnoc?noitamotua?gnidliub?yrarbiL?.1?:7301J?.oN?tcejorP?rednu?segakcap?dib?etarapes? ruof?fo?tsisnoc?lliw?tcejorp?TEBD?ehT C 78 7301J?.oN?tcejorP?“€â?trA.CCM?noitisnarT?gnidliuB?ygrenEnwotnwoD?2202?rof?slairetaM?tpmexE?xaT?selaS?rof?snoituloS?lacinahceM?tsewdiM?tcartnoC?-?noituloseR7301J?.oN?tcejorP?-?TRA.CCM“€â?noitisna rTgnidliuB?ygrenE?nwotnwoD?2202?eht?rof?noitcurtsnoC?nosrednA-suarK?htiw?tcartnoC?-?noituloseR7301J?.oN?tcejorP?“€â?trA.CCM?noitisnarT?gnidliuB?ygrenEnwotnwoD?2202?rof?slairetaM?tpmexE?xaT?selaS?rof? snoituloS?lacinahceM?tsewdiM?-?tcartnoC/lasoporP7301J?.oN?tcejorP?-?TRA.CCM“€ânoitisnarT?gnidliuB?ygrenE?nwotnwoD?2202?eht?rof?noitcurtsnoC?nosrednA-suarK?-?tcartno AIA 79 MISCELLANEOUS PROVISIONS13UNCOVERING AND CORRECTION OF WORK12INSURANCE AND BONDS11PROTECTION OF PERSONS AND PROPERTY10PAYMENTS AND COMPLETION9TIME8CHANGES IN THE WORK7CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS6SUBCONTRACTORS5ARCHITECT4CONTRACTOR32GENERAL PROVISIONS1TABLEOFARTICLES 507281-Rochester, MN 559013416 Lakeridge Place Northwest«Salas O’Brien North, LLC(Name, legal status and address)THE ENGINEER:507-328-2900«Rochester, MN 55904 »«201 4th Street SE »«City of Rochester »(Name, legal status and address)THE OWNER:«Mayo Civic Center and Art Center «Downtown Building EnergyTransition»«City of Rochester, Minnesota»(Name and location or address)for the following PROJECT:this document.as set forth in the footer of violation of copyright laws prohibited and constitutes a to another electronic file is Document ® portion of this AIAof any ELECTRONIC COPYINGConditions.Guide for Supplementary see AIA Document A503™, supplementary conditions, thisdocument to include For guidance in modifying or modification.respect to its completion attorney is encouraged with Consultation with an legal consequences. This document has important reviewed.the author and should be form text is available from revisions to the standard information as well as that notes added Additions and Deletions An original AIA standard form. revised the text of the The author may also have needed for its completion. has added information The author of this document ADDITIONS AND DELETIONS: 1(1982877300)User Notes:Terms of Service. To reportcopyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. 007 and 2017 by Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2–2017.®AIA Document A201 General Conditions of the Contract for Construction–2017 ®Document A201® AIA Document A201 80 CLAIMS AND DISPUTES15TERMINATION OR SUSPENSION OF THE CONTRACT14 2(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 81 9.8.3, 9.8.4, 9.8.5Certificate of Substantial Completion1.33.7.11.8Building Information Models Use and Reliance11.5, 11.1.3, 11.1.27.3.4.4, 9.6.7, 9.10.3, Bonds, Performance, and Payment7.3.4.4, 9.6.8, 9.10.2, 9.10.3Bonds, Lien15.2.6.1, 15.3.1, 15.3.2,15.3.3, 15.4.18.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, Binding Dispute Resolution1.1.1Bidding Requirements1.1Basic Definitions5.2Portions of the WorkAward of Subcontracts and Other Contracts for 6.1.1, 6.1.2Award of Separate Contracts3.18.1, 9.6.8, 9.10.2, 10.3.310.3.1Asbestos3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4Architect’s Site Visits9.4.2, 9.5.1, 9.10.1Architect’s Representations1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3Architect’s Relationship with Subcontractors9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.23.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, Architect’s Relationship with Contractor4.2.10Architect’s Project Representative4.2.11, 4.2.12Architect’s Interpretations3.2. 4, 3.3.1, 4.2.6, 4.2.7, 13.4.2Architect’s Instructions3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4Architect’s Inspections13.4.2, 15.27.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, Architect’s Decisions1.1.7, 1.5Architect’s Copyright3.5, 4.2.6, 12.1.2, 12.2.1Architect’s Authority to Reject Work2.5, 3.1.3, 3.5, 3.10.2, 4.2.7Architect’s Approvals3.1.3, 3.7.4, 15.2, 9.4.1, 9.5Architect’s Administration of the Contract2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4Architect’s Additional Services and Expenses9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.24.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, ResponsibilityArchitect, Limitations of Authority and 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.19.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, Architect, Extent of Authority4.1.1Architect4ARCHITECT15.4Arbitration3.12.10.1, 4.2.7, 9.3.2, 13.4.12.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, Approvals, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9.109.34.2.5, 7.3.9, 9.2, Applications for Payment3.8Allowances4.2.13Aesthetic Effect1.1.1Advertisement or Invitation to Bid, 9.4, 9.54.23.1.3, Administration of the Contract15.1.63.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, Additional Time, Claims for13.49.4.2, 9.8.3, 12.2.1, Additional Inspections and Testing3.7.4, 3.7.5, 10.3.2, 15.1.5Additional Costs, Claims for1.1.1Addenda10.2.8, 13.3.2, 14.1, 15.1.2, 15.23.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, Acts and Omissions10Accident Prevention, 6.2.1, 12.13.169.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3Acceptance of Work12.39.6.6, 9.9.3, Acceptance of Nonconforming Work(Topics and numbers in bold are Sectionheadings.)INDEX 3(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 82, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.23.10SchedulesContractor’s Construction and Submittal 3.1, 6.1.2Contractor, Definition of3CONTRACTOR8.1.1Contract Time14.3.2, 15.1.4.2, 15.1.6.1, 15.2.58.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8.1.1, 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, Contract Time9.1Contract Sum12.3, 14.2.4, 14.3.2, 15.1.4.2, , 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 9.12.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, Contract Sum1.1.1Contract Documents1.5.2, 2.3.6, 5.3Contract Documents, Copies Furnished and Use of3.7.1, 3.10, 5.2, 6.1toContract Award and Execution, Conditions Relating 3.1.3, 4, 9.4, 9.5Contract Administration145.4.1.1, 5.4.2, 11.5, SUSPENSION OF THECONTRACT, TERMINATION OR 1.1.2Contract15.1.4Continuing Contract Performance, 14.2.2.25.4Contingent Assignment of Subcontracts3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2Construction Schedules, Contractor’s, 9.3.1.17.31.1.1, 3.4.2, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, Construction Change Directives7.3.1Construction Change Directive61.1.4, SEPARATE CONTRACTORSCONSTRUCTION BY OWNER OR BY 15.4.4Consolidation or Joinder15.4.4.23.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, Consent, Written1.1.1, 6.1.1, 6.1.4Conditions of the Contract3.7.4, 4.2.8, 8.3.1, 10.3Concealed or Unknown Conditions15.2.8, 15.4.2, 15.4.313.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, Compliance with Laws9.10.3, 12.2, 15.1.23.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, Completion, Substantial9COMPLETION, PAYMENTS AND9.10, 12.2, 14.1.2, 15.1.23.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, Completion, Conditions Relating to4.2.43.9.1, 8.1.2Commencement of the Work15.1.56.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, Commencement of the Work, Conditions Relating to, 6.33.15Cleaning Up15.4.1Claims Subject to Arbitration11.3.2, 14.2.4, 15.1.73.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, Claims for Damages3.7.4Concealed or Unknown Conditions, Claims for15.1.63.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, Claims for Additional Time15.1.53.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, Claims for Additional Cost15.4.1Claims and Timely Assertion of Claims, 15.4153.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, CLAIMS AND DISPUTES1.6.2, 15.1.3Claims, Notice of15.1.1Claims11.5, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 72.2.2, 3.11, 4.2.8, CHANGES IN THE WORK7.2.1Change Orders9.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 7.27.1.2, 7.1.3, 1.1.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, Change Orders9.10.2Certificates of Insurance13.4.4Certificates of Inspection, Testing or Approval9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.44.2.1, 4.2.5, 4.2.9, 9.3.3, Certificates for Payment 4(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 83 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.43.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5.1, 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, Execution and Progress of the Work9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.24.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, Equipment, Labor, or Materials10.3.3, 11.3, 14.1, 14.2.1.13.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, Employees, Contractor’s15.1.5, 14.1.1.2, 10.4Emergencies8.2.2Effective Date of Insurance3.11Drawings and Specifications, Use and Ownership of1.1.5Drawings3.11Documents and Samples at the Site6.3, 7.3.9, 15.1, 15.2Disputes1.7Digital Data Use and Transmission, 15.2.515.1.6, 14.3.2, 10.410.3.2, , 9.7, 9.5.1, 8.3, 7.4, 5.2.3, 7.2.1, 7.3.1, 3.7.4, 3.2Delays and Extensions of Time6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.11.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 5.1, Definitions9.10.4, 12.2.12.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, Rejection and Correction ofDefective or Nonconforming Work, Acceptance, 9.59.4.1, Decisions to Withhold Certification14.2.2, 14.2.4, 15.1, 15.27.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, Decisions of the Architect8.1.4Day8.1.3Date of Substantial Completion8.1.2Date of Commencement of the Work6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2Damages for Delay11.3, 14.2.4, 15.1.73.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, Damages, Claims for3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4Damage to the Work3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4ContractorsDamage to Construction of Owner or Separate ,6.2.5 3.14Cutting and Patching11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 147.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, Costs7.3.4Cost1.2Correlation and Intent of the Contract Documents15.1.3.1, 15.1.3.2, 15.2.1, 12.3, 12.22.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, Correction of Work3.171.5, Copyrights1.5, 2.3.6, 3.11Copies Furnished of Drawings and Specifications1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1Coordination and Correlation7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.41.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, ProceduresContractor’s Supervision and Construction 3.9, 10.2.6Contractor’s Superintendent9.8.3, 9.9.1, 9.10.2, 9.10.33.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, Contractor’s Submittals14.1Contractor’s Right to Terminate the Contract2.2.2, 9.7Contractor’s Right to Stop the Work3.2Contractor’s Review of Contract Documents3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8WorkContractor’s Responsibility for Those Performing the 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2Contractor’s Representations10.3, 11.3, 12, 13.4, 15.1.3, 15.2.16.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, Contractor’s Relationship with the Architect9.6.7, 9.10.2, 11.2, 11.3, 11.41.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, Contractor’s Relationship with Subcontractors3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4and Owner’s ForcesContractor’s Relationship with Separate Contractors 11.1Contractor’s Liability Insurance10.2, 10.3, 11.3, 14.1, 14.2.1.12.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, Contractor’s Employees 5(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 84 15.4.1.1, 15.4.1, 15.38.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, Mediation2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.83.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2Procedures of ConstructionMeans, Methods, Techniques, Sequences and 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.25.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, Materials, Labor, Equipment and10.310.2.4, Materials, Hazardous15.1.2, 15.1.3, 15.1.59.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, Limitations of Time11.3, 12.2.5, 13.3.14.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, Limitations of Liability12.2.5, 15.1.2, 15.4.1.1Limitations, Statutes of2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8Liens15.49.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, Laws and Regulations8.3.1Labor Disputes10.2.4, 14.2.1.1, 14.2.1.25.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, , 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 3.41.1.3, 1.1.6, Labor and Materials, Equipment15.4.2Judgment on Final Award4.2.11, 4.2.12Interpretations, Written, 4.1.1, 5.1, 6.1.2, 15.1.11.41.1.8, 1.2.3, 13.5Interest1.2.1, 4.2.7, 4.2.12, 4.2.13Intent of the Contract Documents11.5Insured loss, Adjustment and Settlement of9.9.1Insurance Companies, Consent to Partial Occupancy11INSURANCE AND BONDS9.3.2Insurance, Stored Materials, 11.2, 11.4, 11.510.2.5Insurance, Property11.2Insurance, Owner’s Liability8.2.2, 14.4.2Insurance, Effective Date of11.1Insurance, Contractor’s Liability11.1.4, 11.2.3Insurance, Notice of Cancellation or Expiration116.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, Insurance1.1.7Instrumen ts of Service3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2Instructions to the Contractor1.1.1Instructions to Bidders9.9.2, 9.10.1, 12.2.1, 13.43.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, Inspections, 10.410.2.8Injury or Damage to Person or Property14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5Initial Decision Maker, Extent of Authority14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5Initial Decision Maker, Decisions1.1.8Initial Decision Maker, Definition of15.2Initial Decision14.1.1.4, 14.1.4, 15.1.49.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, , 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 2.22.1.2, Information and Services Required of the Owner, 9.6.8, 9.10.2, 10.3.3, 11.33.183.17, Indemnification5.2. 1Identification of Subcontractors and Suppliers10.310.2.4, Hazardous Materials and SubstancesGuarantees (See Warranty)13.1Governing Law1GENERAL PROVISIONS2.2.1, 13.2.2, 14.1.1.4Financial Arrangements, Owner’s, 12.3, 14.2.4, 14.4.39.104.2.1, 4.2.9, 9.8.2, Final Completion and Final Payment(See Defective or Nonconforming Work)Faulty Work, 9.10.2, 13.5, 14.1.1.3, 14.2.1.29.79.5.1.3, Failure of Payment15.2.510.4, 14.3, 15.1.6, 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, Extensions of Time 6(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 85, 4.2.73.123.11, Product Data and Samples, Shop Drawings3.12.2Product Data10.3.1Polychlorinated Biphenyl10OFPERSONS AND PROPERTY, PROTECTION , 3.13, 7.3.4.4, 10.2.23.72.3.1, Permits, Fees, Notices and Compliance with Laws11.1.27.3.4.4, 9.6.7, 9.10.3, Performance Bond and Payment Bond10.3.1PCB5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2Payments to Subcontractors9PAYMENTS AND COMPLETION, 9.8.5, 9.10.3, 14.2.3, 15.1.49.69.3, Payments, Progress11.1.27.3.4.4, 9.6.7, 9.10.3, Payment Bond, Performance Bond and, 12.3, 14.2.4, 14.4.39.104.2.1, 4.2.9, Payment, Final, 9.10.2, 13.5, 14.1.1.3, 14.2.1.29.79.5.1.3, Payment, Failure of9.10.3, 14.1.1.3, 14.2.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.44.2.5, 4.2.9, 9.3.3, Payment, Certificates for14.2.3, 14.2.4, 14.4.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 9.34.2.5, 7.3.9,9.2, Payment, Applications for3.17Patents, 6.2.53.14Patching, Cutting and9.99.6.6, Partial Occupancy or Use5.3, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 1.51.1.1, 1.1.6, 1.1.7, and Other Instruments of ServiceOwnershipand Use of Drawings, Specifications 14.2, 14.4Owner’s Right to Terminate the Contract14.3Owner’s Right to Suspend the Work2.4Owner’s Right to Stop the Work6.1Award Separate ContractsOwner’s Right to Perform Construction and to 6.3Owner’s Right to Clean Up, 14.2.22.5Owner’s Right to Carry Out theWork1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2Owner’s Relationship with Subcontractors11.2Owner’s Insurance15.2.710.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, Owner’s Authority13.4.2, 14.1.1.4, 14.1.4, 15.1.49.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, , 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 2.22.1.2, Owner, Information and Services Required of the, 13.2.2, 14.1.1.42.2Owner, Evidence of Financial Arrangements2.1.1Owner2OWNER14.3.11.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 2.3.1, 9.6.6, 9.8Occupancy3.2, 3.7.4Observations, Contractor’s13.4.1, 13.4.2Notice of Testing and Inspections15.1.6, 15.2.8, 15.3.2, 15.4.1, 15.1.5, 15.1.31.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, Notice of Claims11.1.4, 11.2.3Notice of Cancellation or Expiration of Insurance15.1.6, 15.4.113.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, , 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 1.6Notice12.22.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, Nonconforming Work, Rejection and Correction of12.39.6.6, 9.9.3, Nonconforming Work, Acceptance of6.2Mutual Responsibility10.3.21.1.1, 1.1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, Modifications to the Contract1.1.1Modifications13MISCELLANEOUS PROVISIONS7.41.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1, Minor Changes in the Work 7(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 86 2.3.3Substitution of Architect5.2.3, 5.2.4Substitution of Subcontractors9.8.1Substantial Completion12.2, 15.1.2, 9.9.1, 9.10.3, 9.84.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, Substantial Completion10.3Substances, Hazardous11.36.1.1, Subrogation, Waivers of3.10.2, 3.12.5, 4.2.7Submittal Schedule9.8, 9.9.1, 9.10.2, 9.10.33.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3,7.3.4, 9.2, 9.3, Submittals, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.15.3Subcontractual Relations9.3.1.2, 9.6.71.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, Subcontractors, Work by55.1.1Subcontractor6.2.1, 9.3.2, 10.2.1.2, 10.2.4Stored Materials2.2.2, 2.4, 9.7, 10.3, 14.1Stopping the Work15.1.2, 15.4.1.1Statute of Limitations, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.141.1.61.1.1, 1.1.64.2.6, 12.2.1, 13.4Special Inspections and Testing3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4Site Visits, Architect’s3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4Site Inspections, 6.1.1, 6.2.13.13Site, Use of, 4.2.73.123.11, Shop Drawings, Product Data and Samples3.12.1Shop Drawings6.1.1Separate Contractors1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2Separate Contracts and Contractors3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2Schedules, Construction, 9.3.19.2Schedule of Values3.11Samples at the Site, Documents and, 4.2.73.123.11, Samples, Shop Drawings, Product Data and3.12.3Samples, 10.2, 10.410.13.3.1, 4.2.2, 4.2.7, 5.3, Safety Precautions and Programs, 10.410.2Safety of Persons and Property15.4.1Rules and Notices for Arbitration3.17Royalties, Patents and Copyrights, 14, 15.413.312.2.4, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 1.1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, Rights and Remedies3.12Samples by ContractorReview of Shop Drawings, Product Data and 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2ArchitectReview of Contractor’s Submittals by Owner and 3.2Conditions by ContractorReview of Contract Documents and Field 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3Retainage3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10Responsibility for Those Performing the Work2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.13.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.10.19.3.1, 9.10.2Releases and Waivers of Liens4.2.6, 12.2.1Rejection of Work15.410.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, Regulations and Laws10PROTECTION OF PERSONS AND PROPERTY1.1.1Proposal Requirements11.210.2.5, Property Insurance4.2.10Project Representatives1.1.4Project, 9.8.5, 9.10.3, 14.2.3, 15.1.49.69.3, Progress Payments, 9.8, 9.9.1, 14.1.4, 15.1.48.24.2.2, Progress and Completion 8(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 87 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1Written Orders4.2.11, 4.2.12Written Interpretations13.2, 13.3.2, 15.4.4.21.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, 1.1.3Work8.3, 15.1.6.2Weather Delays15.1.2, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 3.5Warranty11.36.1.1, Waivers of Subrogation9.3, 9.10.2, 9.10.414.2.4, 15.1.7Waiver of Consequential Damages15.1.79.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, Waiver of Claims by the Owner15.1.79.10.5, 13.3.2, Waiver of Claims by the Contractor13.3.2Waiver of Claims by the Architect, 9.3.19.2Values, Schedule of, 6.1.1, 6.2.13.13Use of Site1.1.1, 1.5,2.3.6, 3.12.6, 5.3Use of Documents7.3.3.2, 9.1.2Unit Prices3.7.4, 8.3.1, 10.3Unforeseen Conditions, Concealed or Unknown12.1Uncovering of Work12WORKUNCOVERING AND CORRECTION OF 9.3.2, 9.3.3Title to Work3.7.4, 10.2.8, 15.1.2, 15.1.3Time Limits on Claims15.1.2, 15.1.3, 15.49.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, Time Limits10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5, 9.5.1, 9.7, 8.33.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, Time, Delays and Extensions of8TIME13.49.9.2, 9.10.1, 10.3.2, 12.2.1, 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, Tests and Inspections14CONTRACTTERMINATION OR SUSPENSION OF THE 14.2.2Termination of the Contractor Employment2.3.3Termination of the Architect14.4Termination by the Owner for Convenience15.1.714.2, 5.4.1.1, Termination by the Owner for Cause, 15.1.714.1Termination by the Contractor3.6, 3.8.2.1, 7.3.4.4Taxes5.4.1.1, 14Suspension or Termination of the Contract3.7.5, 5.4.2, 14.3Suspension of the Work14.3Suspension by the Owner for Convenience1.1.7, 2.3.4Surveys9.8.5, 9.10.2, 9.10.3Surety, Consent of15.2.75.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, Surety9.10.5, 14.2.11.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, Suppliers7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 3.31.2.2, Supervision and Construction Procedures, 10.2.63.913.2Successors and Assigns3.7.4Subsurface Conditions5.1.2Sub-subcontractor3.4.2, 3.5, 7.3.8Substitutions of Materials 9(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 88 indicated results.consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by The intent of the Contract Documents is to include all items necessary for the proper execution and §1.2.1§1.2 Correlation and Intent ofthe Contract Documents shall not be liable for results of interpretations or decisions rendered in good faith.accordance with Section15.2. The Initial Decision Maker shall not show partiality to the Owner or Contractor and The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in §1.1.8InitialDecisionMaker surveys, models, sketches, drawings, specifications, and other similar materials.respective professional services agreements. Instrumentsof Service may include, without limitation, studies, tangible and intangible creative work performed by the Architect and the Architect’s consultants under their Instruments of Service are representations, in any medium of expression now known or later developed, of the §1.1.7InstrumentsofService equipment, systems, standards and workmanship for the Work, and performance of related services.The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, §1.1.6TheSpecifications dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams.The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and or a part and which may include construction by the Owner and by Separate Contractors.The Project is the total construction of which the Work performed under the Contract Documents may be the whole §1.1.4TheProject the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a partof the Project.partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by The term “Work” means the construction and services required by the Contract Documents, whether completed or §1.1.3TheWork Contract intended to facilitate performance of the Architect’s duties.Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the and the Architect or the Architect’s consultants, or (4) between any persons or entities other than the Owner and the Architect’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architector the written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated proposal, or portions of Addenda relating to biddingor proposalrequirements.other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, theto the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written the Agreement, and Modifications issued after execution of the Contract. A Modificationis (1) a written amendment Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the §1.1.1TheContractDocuments§1.1 Basic DefinitionsARTICLE1 10(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 89 Contract Documents as if singular in number. The Owner shall identify a representative authorized to act on the The Owner is the person or entity identified as such in the Agreement and is referred to throughout the §2.1.1§2.1 GeneralOWNERARTICLE2 information or documentation in digital form. The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other §1.7DigitalDataUseandTransmission certified or registered mail, or by courier providing proof of delivery.duly served only if delivered to the designated representative of the party to whom the notice is addressed by Notice of Claims as provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been §1.6.2 courier, or by electronic transmission if amethod for electronic transmission isset forth in the Agreement.whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by give notice to the other party, such notice shall be provided in writing to the designated representative of the party to Except as otherwise provided in Section 1.6.2, where the Contract Documents require one party to notify or §1.6.1§1.6Notice without the specific written consent of the Owner, Architect, and the Architect’s consultants.not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and suppliers may and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, Instruments of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8,solely The Contractor, Subcontractors, Sub-subcontractors, and suppliers are authorized to use and reproduce the §1.5.2 Architect’s consultants’ reserved rights.other purposes in connection with the Project is not to be construed as publication in derogation of the Architect’s or copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and suppliers shall not own or claim a Specifications, and retain all common law, statutory, and other reserved rights in their Instruments of Service, be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Subject to the Agreement between Owner and Architect,the Architect and the Architect’s consultants shall §1.5.1§1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service another is not intended to affect the interpretation of either statement.articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in In the interest of brevity the Contract Documents frequently omit modifying words such as “all” and “any” and §1.4Interpretation numbered articles, or (3) the titles of other documents published by the American Institute of Architects.Terms capitalized in theseGeneral Conditions include those that are (1) specifically defined, (2) the titles of §1.3Capitalization industry meanings are used in the Contract Documents in accordance with such recognized meanings.Unless otherwise stated in the Contract Documents, words that have well-known technical or construction §1.2.3 performed by any trade.not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall §1.2.2 effect to the parties’intentions and purposes in executing the Contract.enforceable. In such casethe Contract Documents shall be construed, to the fullest extent permitted by law, to give or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining §1.2.1.1 11(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 90 reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control The Owner shall furnish information or services required of the Owner by the Contract Documents with §2.3.5 Work.information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for §2.3.4 has no reasonable objection and whose status under the Contract Documents shall be that of the Architect.If the employment of the Architect terminates, the Owner shall employ a successor to whom the Contractor §2.3.3 Agreement and is referred to throughout the Contract Documents as if singular in number.architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the The Owner shall retain an architect lawfully licensed to practice architecture, or an entity lawfully practicing §2.3.2 changes in existing facilities.assessments and charges required for construction, use or occupancy of permanent structures or for permanent including those required under Section3.7.1, the Owner shall secure and pay for necessary approvals, easements, Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, §2.3.1§2.3 Information and Services Required of the Owner confidentiality of such information.know the content of such information solely and exclusively for the Project and who agree to maintain the employees,consultants, sureties, Subcontractors and their employees, Sub-subcontractors, and others who need to entity, or by court or arbitrator(s) order. The Contractor may also disclose “confidential” information to its required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental Contractor may disclose “confidential” information, after seven (7) days’ notice to the Owner,where disclosure is Contractor shall keep the information confidential and shall not disclose it to any other person. However, the Where the Owner has designated information furnished under this Section 2.2 as “confidential,” the §2.2.4 materially vary such financial arrangements without prior notice to the Contractor.After the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner shall not §2.2.3 interest as provided in the Contract Documents.Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus the Work is stopped under this Section 2.2.2, the Contract Time shall be extended appropriately and the Contract may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided. If request is made because a change in the Work materially changes the Contract Sum under (3) above, the Contractor immediately stop the Work and, in that event, shall notifythe Ownerthat the Work has stopped. However, if the provide such evidence, as required, within fourteen days of the Contractor’s request, the Contractor may make payment when due; or (3)a change in the Work materially changes the Contract Sum. If the Owner fails to Documents require; (2) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to obligations under the Contract only if (1) the Owner fails to make payments to the Contractor as the Contract to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s Following commencement of the Work and upon written request by the Contractor, the Owner shall furnish §2.2.2 be extended appropriately.provides such evidence. If commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s Prior to commencement of the Work and upon written request by the Contractor, the Owner shall furnish to §2.2.1§2.2 Evidence of the Owner’s Financial Arrangements“Owner” means the Owner or the Owner’s authorized representative.governing body. Except as otherwise provided in Section4.2.1, the Architect does not have such authority. The term Owner’s behalf only with respect to specific matters delegated to the representative in writing by the Owner’s 12(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 91 unless otherwise specifically provided in the Contract Documents.Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, Contractor as a request for information in such form as the Architect may require. It is recognized that the shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These the information furnished by the Owner pursuant to Section2.3.4, shall take field measurements of any existing Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the §3.2.2 discrepancies which have become apparent during the bidding or proposal period.requirements of the Contract Documents, and has notified the Architect of and obtained clarification of any with local conditions under which the Work is to be performed, has correlated personal observations with the By executing the Contract, the Contractor represents that the Contractor has visited the Site and is familiar §3.2.1§3.2 Review of Contract Documents and Field Conditions byContractor inspections or approvals required or performed by persons or entities other than the Contractor.Documents either by activities or duties of the Architect in the Architect’s administration of the Contract, or by tests, The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract §3.1.3 The Contractor shall perform the Work in accordance with the Contract Documents.§3.1.2 the Contractor or the Contractor’s authorized representative.express authority to bind the Contractor with respect to all matters under this Contract. The term “Contractor” means jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the §3.1.1§3.1 GeneralCONTRACTORARTICLE3 Article 15.Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to amounts, the Contractor shall pay the difference to the Owner.If the Contractor disagrees with the actions of the made necessary by such default, neglect, or failure.If current and future payments are not sufficient to cover such correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services Payment in whole or in part,to the extent reasonably necessary to reimburse the Owner for thereasonable cost of prior approval of the Architect and the Architect may,pursuant to Section 9.5.1, withhold or nullify a Certificate for correct such default or neglect.Such action by the Owner and amounts charged to the Contractor are both subject to or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails §2.5Owner’sRighttoCarryOuttheWork required by Section6.1.3.of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such required by Section12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the If the Contractor fails to correct Work that is not in accordance with the requirements ofthe Contract Documents as §2.4Owner’sRighttoStoptheWork the Contract Documents for purposes of making reproductions pursuant to Section1.5.2.Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of §2.3.6 Contractor’s written request for such information or services.and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the 13(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 92 Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The The Contractor warrants to the Owner and Architect that materials and equipment furnished under the §3.5.1§3.5 Warranty skilled in tasks assigned to them.persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other §3.4.3 Construction Change Directive.only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Section3.12.8 or ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions Except in the case of minor changes in the Work approvedby the Architect in accordance with §3.4.2 and whether or not incorporated or to be incorporated in the Work.facilities and services necessary forproper execution and completion of the Work, whether temporary or permanent materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, §3.4.1§3.4 Labor and Materials such portions are in proper condition to receive subsequent Work.The Contractor shall be responsible for inspection of portions of Work already performed to determine that §3.3.3 on behalf of, the Contractor or any of its Subcontractors.Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, §3.3.2 its alternative means, methods, techniques, sequences, or procedures. Unless the Architect objects to the Contractor’s proposed alternative, the Contractor shall perform the Work using shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. and Architect, and shall propose alternative means, methods, techniques, sequences, or procedures. The Architect methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely notice to the Owner safety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, procedures, the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite Documents give specific instructions concerning construction means, methods, techniques, sequences, or sequences, and procedures, and for coordinating all portions of the Work under the Contract. If the Contract Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The §3.3.1§3.3 Supervision and Construction Procedures and lawful orders of public authorities.nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, Documents, for differences between field measurements or conditions and the Contract Documents, or for liable to the Owner or Architect for damages resulting fromerrors, inconsistencies or omissions in the Contract Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be Section3.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations of Architect issues in response to the Contractor’s notices or requests for information pursuant to Section 3.2, the If the Contractor believes that additional cost or time is involved because of clarifications or instructions the §3.2.4 request for information in such form as the Architect may require. shall promptly report to the Architect anynonconformity discovered by or made known to the Contractor as a laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable §3.2.3 14(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 93 Article 15.Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial §3.7.5 determination or recommendation, that party may submit a Claim as provided in Article 15.shall promptly notify the Owner and Contractor, stating the reasons. If either party disputes the Architect’s those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from for, performance of any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum determines that they differmaterially and cause an increase or decrease in the Contractor’s cost of, or time required after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 14 days construction activities of the character provided for in the Contract Documents, the Contractor shall promptly unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions §3.7.4ConcealedorUnknownConditions for such Work and shall bear the costs attributable to correction.rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, §3.7.3 rules and regulations, and lawful orders of public authorities applicable to performance of the Work.The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, §3.7.2 required at the time bids are received or negotiations concluded.execution and completion of the Work that are customarily secured after execution of the Contract and legally permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building §3.7.1§3.7 Permits, Fees, Notices and Compliance with Laws to go into effect.legally enacted when bids are received or negotiations concluded, whether or notyet effective or merely scheduled The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are §3.6Taxes Substantial Completion. The Contractor must furnish all special warranties under the Contract Documents tothe Owner no later than §3.5.4 Contractor’s general warranty or any additional or special warranties under the Contract Documents.damage to property or persons (including death)including direct damages to Owner relating to any breach of the they limited by any other remedies provided in the Contract Documents. The Contractor shall also be liable for any Contractor’s obligations to specifically correct defective or nonconforming Work as provided in Article 12, nor are The Contractor’s general warranty and any additional or special warranties are not limited by the §3.5.3 the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4.All material, equipment, or other special warranties required by the Contract Documents shall be issued in §3.5.2 and equipment.required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the 15(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 94 the Owner and Architect.The Contractor shall perform the Work in general accordance with the most recent schedules approved by§3.10.3 increase in Contract Sum or extension of Contract Time based on the time required for review of submittals.provide submittals in accordance with the approved submittal schedule, the Contractor shall not be entitled to any the Architectreasonable time to review submittals. If the Contractor fails to submit a submittal schedule, or fails to withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow Owner’s andArchitect’s approval. The Owner’s and Architect’s approval shall not be unreasonably delayed or submittal schedulewithin ten (10) days of execution of the Contract, shall submit a submittalschedule for theThe Contractor, promptly after being awarded the Contract and thereafter as necessary to maintain a current §3.10.2 appropriate intervals as requiredby the conditions of the Work and Project.completion and shall not exceed time limits current under the Contract Documents. The schedule shall be revised at completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to Substantial Completion; (2) an apportionment of the Work by construction activity; and (3) the time required for Project, including (1) the date of commencement of the Work, interim schedule milestone dates, and the date of information a Contractor’s construction schedule for the Work. The schedule shall contain detail appropriate for the The Contractor, promptly after being awarded the Contract, shall submit for the Owner’s and Architect’s §3.10.1§3.10 Contractor’s Construction and Submittal Schedules which shall not unreasonably be withheld or delayed.reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent, The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made §3.9.3 period shall constitute notice of no reasonable objection.superintendent or (2) requires additional time for review. Failure of the Architect to provide notice within the 14-day may notify the Contractor, stating whether the Owner or the Architect (1) has reasonable objection to the proposed the name and qualifications of a proposed superintendent. Within 14 days of receipt of the information, the Architect The Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of §3.9.2 available to be contacted during all business hours, and outside of business hours in the event of an emergency. must provide his or her email address, cell phone number and pager number to Owner and Architect and must be communications given to the superintendent shall be as binding as if given to the Contractor.The Superintendent at the Project site during performance of the Work. The superintendent shall represent the Contractor, and The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance §3.9.1§3.9 Superintendent Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness.§3.8.3 costs and the allowances under Section3.8.2.1 and (2) changes in Contractor’s costs under by Change Order. The amount of the Change Order shall reflect (1) the difference between actual whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly .3 but not in the allowances; andand other expenses contemplated for stated allowance amounts shall be included in the Contract Sum Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit, .2 all required taxes, less applicable trade discounts;allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and .1 Unless otherwise provided in the Contract Documents,§3.8.2 objection.but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items §3.8.1§3.8 Allowances 16(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 95 absence of such notice, the Architect’s approval of a resubmission shall not apply to such revisions.Samples, or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, §3.12.9 Drawings, Product Data, Samples, or similar submittals,by the Architect’s approval thereof.authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued Architect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific Shop Drawings, Product Data, Samples, or similar submittals,unless the Contractor has specifically notified the of responsibility for deviations from the requirements of the Contract Documents by the Architect’s approval of The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved §3.12.8 conflicts in the Work resulting from such failure.required to have been obtained prior to proceeding with the Work, including, but not limited to, correction of any any Work the correction of which is required due to the Contractor’s failure to obtain approval of a submittal approved by the Architect.The Contractor must correct at its cost, and without any adjustment in Contract Time, and review of Shop Drawings, Product Data, Samples, or similar submittals,until the respective submittal has been The Contractor shall perform no portion of the Work for which the Contract Documents require submittal§3.12.7 Documents.coordinated the information contained within such submittals with the requirements of the Work and of the Contract materials, field measurements and field construction criteria related thereto, or will do so, and (3) checked and the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to §3.12.6 submittals made to regulatory agencies.the Owner or of Separate Contractors.The Contractor must provide the Owner and the Architect with copies of all schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal Architect, Shop Drawings, Product Data,Samples, and similar submittals required by the Contract Documents,in The Contractor shall review for compliance with the Contract Documents, approve, and submit to the §3.12.5 are not required by the Contract Documents may be returned by the Architect without action.Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that Review by the Architect is subject to the limitations of Section4.2.7. Informational submittals upon which the in the Contract Documents for those portions of the Work for whichthe Contract Documents require submittals. is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed Shop Drawings, Product Data,Samples,and similar submittals are not Contract Documents. Their purpose §3.12.4 by which the Work will be judged.Samples are physical examples that illustrate materials, equipment, or workmanship,and establish standards §3.12.3 and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams,§3.12.2 the Work.Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier, or distributor to illustrate some portion of Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the §3.12.1§3.12 Shop Drawings, Product Data and Samples constructed.and delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as similar required submittals. These shall be in electronic form or paper copy, available to the Architect and Owner, changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and Construction Change Directives, and other Modifications, in good order and marked currently to indicate field The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, §3.11 Documents and Samples at the Site 17(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 96 and its agents and employees from and against claims, damages, losses, and expenses, including but not limited to To the fullest extent permitted by law,the Contractor shall indemnify, defendand hold harmless the Owner §3.18.1§3.18 Indemnification loss unless the information is promptly furnished to the Architect.copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the Drawings, Specifications,or other documents prepared by the Owner or Architect. However, if an infringement of a or manufacturers is required by the Contract Documents, or where the copyright violations are contained in shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer of copyrights and patent rights and shall hold the Owner and Architect harmlessfrom loss on account thereof, but The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement §3.17Royalties,PatentsandCopyrights located.The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever Owner shall be entitled to reimbursement from the Contractor.If the Contractor fails to clean up asprovided in the Contract Documents, the Owner may do so and the §3.15.2 the Project.materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus materials from and about caused by operations under the Contract. At completion of the Work, the Contractor shall promptly remove waste The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish Documents, the Owner may clean the Site and back charge the Contractor for all costs associated with the cleaning. Owner or the Architect within forty-eight (48) hours after notice or as otherwise required by the Contract materials suitably stored when not in use. If the Contractor fails to do so in a manner reasonably satisfactory to the caused by operations under the Contract, and must keep tools, construction equipment, machinery and surplus The Contractor must keep the Site and adjacent areas free from accumulation of waste materials or rubbish §3.15.1 cutting or otherwise altering the Work.withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate Contractor, its consent to except with written consent of the Owner and of the Separate Contractor. Consent shall not be unreasonably by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor construction of the Owner or Separate Contractors by cutting, patching, or otherwise altering such construction, or The Contractor shall not damage or endanger a portion of the Work or fully or partially completed §3.14.2 existing prior to the cutting, fitting, or patching, unless otherwise required by the Contract Documents.make its parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored to the condition The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to §3.14.1§3.14 Cutting and Patchingfacilities available to Contractor, it is without representation or warranty as to their adequacy for Contractor’s use.temporary facilities, including power, water, sanitation, scaffolding, storage, and security. If Owner makes any such Except as may be specifically provided in the Contract Documents, the Contractor shall provide all necessary §3.13.3 before using any portion of the site.The Contractor shall coordinate the Contractor’s operations with, and secure the approval of, the Owner§3.13.2 not unreasonably encumber the site with materials or equipment.ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, §3.13.1 §3.13UseofSite architecture or engineering.The Contractor shall not be required to provide professional services that constitute the practice of §3.12.10 18(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 97 and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts.Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the Architect will review §4.2.5 Owner. The Contract Documents may specify other communication protocols.suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and direct communications between the Owner and the Contractor otherwise relating to the Project.Communications by services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect’s §4.2.4 Communications or their agents or employees, or any other persons or entities performing portions of the Work.have control over or charge of, and will not be responsible for acts or omissions of, the Contractor, Subcontractors, failure to perform the Work in accordance with the requirementsof the Contract Documents. The Architect will not and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor’s Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and §4.2.3 Contractor’s rights and responsibilities under the Contract Documents.procedures, or for the safety precautions and programs in connection with the Work, since these are solely the not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to and to determine in general if the Work observed is being performed in a manner indicating that the Work, when with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed §4.2.2 Documents.The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract an Owner’s representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will provide administration of the Contract as described in the Contract Documents and will be §4.2.1§4.2 Administration of the Contract Consent shall not be unreasonably withheld.shall not be restricted, modified,or extended without written consent of the Owner, Contractor, and Architect. Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents §4.1.2 the Agreement.The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in §4.1.1§4.1 GeneralARCHITECTARTICLE4 compensation acts,disability benefit acts, or other employee benefit acts.damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers’ liable, the indemnification obligation under Section3.18.1 shall not be limited by a limitation on amount or type of Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whoseacts they may be In claims against any person or entity indemnified under this Section3.18 by an employee of the §3.18.2 would otherwise exist as to a party or person described in this Section3.18.Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or 19(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 98 does not include a Separate Contractor or the subcontractors of a Separate Contractor.number and means a Subcontractor or an authorized representative of the Subcontractor. The term “Subcontractor” the Work at the site. The term “Subcontractor” is referred to throughout the Contract Documents as if singular in A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of §5.1.1§5.1 DefinitionsSUBCONTRACTORSARTICLE5 Specifications in response to the requests for information.reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with The Architect will review and respond to requests for information about the Contract Documents. The §4.2.14 expressed in the Contract Documents.The Architect’sdecisions on matters relating to aesthetic effect will be final if consistent with the intent §4.2.13 show partiality to either, and will not be liable for results of interpretations or decisions rendered in good faith.and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable §4.2.12 will be made in writing within any time limits agreed upon or otherwise with reasonable promptness.Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests The Architect will interpret and decide matters concerning performance under, and requirements of, the §4.2.11 duties, responsibilities and limitations of authority of the Project representatives.carrying out the Architect’s responsibilities at the site. The Owner shall notify the Contractor of any change in the If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in §4.2.10 Section9.10.assembled by the Contractor pursuant to Section9.10; and issue a final Certificate for Payment pursuant to Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and of final completion; issue Certificates of Substantial Completion pursuant to Section9.8; receive and forward to the The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date §4.2.9 recommendations regarding concealed and unknown conditions as provided in Section3.7.4.changes in the Work as provided in Section7.4. The Architect will investigate and make determinations and The Architect will prepare Change Orders and Construction Change Directives, and may orderminor §4.2.8 approval of a specific item shall not indicate approval of an assembly of which the item is a component.of safety precautions or of any construction means, methods, techniques, sequences,or procedures. The Architect’s Contractor of the obligations under Sections3.3, 3.5, and 3.12. The Architect’s review shall not constitute approval required by the Contract Documents. The Architect’s review of the Contractor’s submittals shall not relieve the installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved with information given and the design concept expressed in the Contract Documents. The Architect’s action will be such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittals §4.2.7 suppliers, their agents or employees, or other persons or entities performing portions of the Work.exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the §4.2.6 20(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 99 subcontract.the Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, Upon assignment to the Owner under this Section5.4, the Owner may further assign the subcontract to a §5.4.3 compensation shall be equitably adjusted for increases in cost resulting from the suspension.Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s §5.4.2 obligations under the subcontract.When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and Contract.assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the .2 Subcontractor and Contractor; andSection14.2 and only for those subcontract agreements that the Owner accepts by notifying the assignment is effective only after termination of the Contract by the Owner for cause pursuant to .1 thatEach subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided §5.4.1§5.4 Contingent Assignment of Subcontracts similarly make copies of applicable portions of such documents available to their respective proposed Sub-the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor termsand conditions of prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into agreement, the benefit of all rights, remedies,and redress against the Contractor that the Contractor, by the Contract prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Subcontractor’s Work that the Contractor, by these Contract Documents, assumes toward the Owner and Architect. toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be §5.3SubcontractualRela tions or Architect makes reasonable objection to such substitution.The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Owner §5.2.3 Contractor has made reasonable objection.has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the The Contractor shall not contract with a proposed substitute Subcontractorto whom the Owner or Architect §5.2.2 14-day period shall constitute notice of no reasonable objection.proposed substitutesor (2) requires additional time for review. Failure of the Architect to provide notice within the Architect may notify the Contractor whether the Owner or the Architect (1) has reasonable objection to any such to furnish materials or equipment fabricated to a special design. Within 14 days of receipt of the information, the the Ownerand Architect of the substitutesproposed for each principal portion of the Work, including those who are After award of the Contract, if the Contractor seeks to substitute a Subcontractor, the Contractorshall notify §5.2.1§5.2Award of Subcontracts and Other Contracts for Portions of the Work subcontractor.Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-perform a portion of the Work at the site. The term “Sub-subcontractor” is referred to throughout the Contract A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to §5.1.2 21(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 100 Owner may clean up and the Architect will allocate the cost among those responsible.respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the If a dispute arises among the Contractor, Separate Contractors, and the Owner as to the responsibility under their §6.3Owner’sRighttoCleanUp described for the Contractor in Section3.14.The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are §6.2.5 partially completed construction or to property of the Owner or Separate Contractor as provided in Section10.2.5.The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or §6.2.4 improperly timed activities, damage to the Work or defective construction.shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor’s delays, Contractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate §6.2.3 apparent.for discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not completed construction is fit and proper to receive the Contractor’s Work. The Contractor shall not be responsible Work shall constitute an acknowledgment that the Owner’s or Separate Contractor’s completed or partially Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the Separate Contractor that would render it unsuitable for proper execution and results of the Contractor’s Work. promptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or the Owner or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, If part of the Contractor’s Work depends for proper execution or results upon construction or operations by §6.2.2 Contractor’s construction and operations with theirs as required by the Contract Documents.storage of their materials and equipment and performance of their activities, and shall connect and coordinate the The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and §6.2.1§6.2 Mutual Responsibility including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11,and 12.Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, related to the Project with the Owner’s own forces or with Separate Contractors, the Owner or its Separate Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations §6.1.4 subsequently revised.schedules shall then constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner until revisions to its construction schedule deemed necessary after a joint review and mutual agreement. The construction any Separate Contractors and the Owner in reviewing their construction schedules. The Contractor shall make any Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with The Owner shall provide for coordination of the activities of the Owner’s own forces and of each Separate §6.1.3 each separate Owner-Contractor Agreement.on the site, the term “Contractor” in the Contract Documents in each case shall mean the Contractor who executes When separate contracts are awarded for different portions of the Project or other construction or operations §6.1.2 waiver of subrogation.to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and Owner’s own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar agreements. The Owner reserves the right to perform construction or operations related to the Project with the The term “Separate Contractor(s)” shall mean other contractors retained by the Owner under separate §6.1.1§6.1 Owner’s Right to Perform Construction and to Award Separate ContractsCONSTRUCTIONBYOWNERORBYSEPARATECONTRACTORSARTICLE6 22(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 101 permit evaluation;Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to .1 based on one of the following methods:If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be §7.3.3 Order.A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change §7.3.2 Contract Sum and Contract Time being adjusted accordingly.in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and §7.3.1§7.3 Construction Change Directives sign the Change Order.Contract Time, or both, for further action by the Owner. No such change is effective until the Owner and Architect request for a Change Order or Contract Amendment providing for an appropriate adjustment in the Contract Sum or If the Owner determines that a Change Proposal is appropriate, the Architect will prepare and submit a §7.2.3 accepting the Change Proposal in its entirety.Contractor to proceed with the Work involved in the Change Proposal in accordance with this Section 7.2.2 without Contractor and may be accepted or rejected by the Owner in its discretion. The Owner may,at its option, instruct the in turn must not exceed a total aggregate of ten percent (10%). Change Proposals will be binding upon the performed by a Subcontractor or Sub-subcontractor. The Subcontractor’s or Sub-subcontractor’s overhead and profit conditions) of ten percent (10%) if the Work is performed by the Contractor, or five percent (5%) if the Work is cost, plus a fixed fee for profit and overhead (which includes office overhead and Site-specific overhead and general including cost of labor, materials, supplies and equipment, rental cost of machinery and equipment, additional bond but not limited to: cost, properly itemized and supported by sufficient substantiating data to permit evaluation Contract Sum, or (ii) the Contract Time. Any proposed adjustment must include detailed documentation including, added, deleted, or changed and must include any adjustment which the Contractor believes to be necessary in (i) the making Change Proposals. Change Proposals will define or confirm in detail the Work which is proposed to be Contract Sum or extension of the Contract Time will be allowed the Contractor for the cost or time involved in event giving rise to the Contractor’s claim for a change in the Contract Sum or Contract Time. No increase in the Order within twenty-one (21)days after request of the Owner, or the Architect or within twenty-one (21)days of the The Contractor must submit Change Proposals to the Owner and Architectcovering a contemplated Change§7.2.2 The extent of the adjustment, if any, in the Contract Time..3 The amount of the adjustment, if any, in the Contract Sum; and.2 The change in the Work;.1 Architect stating their agreement upon all of the following:A Change Order is a written instrument prepared by the Architect and signed by the Owner,Contractor,and §7.2.1§7.2 Change Ordersand Change Proposals Construction Change Directive, or order for a minor change in the Work.Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Changes in the Work shall be performed under applicable provisions of the Contract Documents. The §7.1.3 the Contractor. An order for a minor change in the Work may be issued by the Architect alone.Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by A Change Order shall be based upon agreement among the Owner, Contractor, and Architect. A §7.1.2 limitations stated in this Article 7 andelsewhere in the Contract Documents.Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the Changes in the Work may be accomplished after execution of the Contract, and without invalidating the §7.1.1§7.1 GeneralCHANGESINTHEWORKARTICLE7 23(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 102 implement the change in the Work. If the Contractor performs the Work set forth in the Architect’s order for a minor affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect’s order The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents §7.4 Minor Changes in the Work issued for all or any part of a Construction Change Directive.agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such When the Owner and Contractor agree with a determination made by the Architect concerning the §7.3.10 as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15.reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be The Architect will make an interim determination for purposes of monthly certification for payment for those costs may request payment for Work completed under the Construction Change Directive in Applications for Payment. Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor §7.3.9 be figured on the basis of net increase, if any, with respect to that change.credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a §7.3.8 be effective immediately and shall be recorded as a Change Order.including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, §7.3.7 Contract Time.provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any, Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in §7.3.6 accordance with applicable provisions of Article 15.If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in §7.3.5 Costs of supervision and field office personnel directly attributable to the change..5 related to the change; andCosts of premiums for all bonds and insurance, permit fees, and sales, use,or similar taxes,directly .4 Contractor or others;Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the .3 consumed;Costs of materials, supplies, and equipment, including cost of transportation, whether incorporated or .2 workers’ compensation insurance, and other employee costs approved by the Architect;Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, .1 provided in the Contract Documents, costs for the purposes of this Section7.3.4 shall be limited to the following:as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise reasonable amount. In such case, and also under Section7.3.3.3,the Contractor shall keep and present, in such form amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an Sum, the Owner and Architect shall determine the adjustment on the basis of reasonable expenditures and savings of If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract §7.3.4 As provided in Section7.3.4..4 percentage fee; orCost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or .3 Unit prices stated in the Contract Documents or subsequently agreed upon;.2 24(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 103 authorized by the Owner pending mediation and litigation; or (5) by other causes that the Contractor asserts, and the documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor’s control; (4) by delay the Work; (3) by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions neglect of the Owner or Architect, of an employee of either, or of a Separate Contractor; (2) by changes ordered in If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or §8.3.1§8.3 Delays and Extensions of Time Contractor must file a claim as provided in Article 15.and no adjustment is made in the Contract Sum, or if the Contractor disagrees with any adjustment made, the appropriate adjustment, if any, in the Contract Sum. If the Owner requires an acceleration of the Project Schedule The Owner reserves the right to issue a written directive to accelerate the Work that shall be subject to an §8.2.8 necessary to accelerate its progress to overcome the delay.Contractor must, promptly and at no additional cost to the Owner, take all commercially reasonable measures Schedulesuch that the Substantial Completion will not be achieved as required by the Contract Documents, the reasonablyindicating that the Contractor will not be able to conform to the most recently approved Progress the Substantial Completion will not be achieved as required by the Contract Documents, or the Ownerhas evidence If the Contractor’s progress is not maintained in accordance with the approved Progress Schedulesuch that §8.2.7 completed the Work prior to the expiration of the Contract Time but for any claimed delay.may not make any claim for delay damages based in whole or in part on the premise that the Contractor would have throughout the Contract Time and the period between Substantial and final Completion. Accordingly, the Contractor The Contractor represents that its bid includes all costs, overhead and profit which may be incurred §8.2.6 commencement date, progress and completion date of each scheduled activity indicated on the Progress Schedule.Contractor must keep current records of and mark on a copy of the approved Progress Schedule the actual the progress of the Work, a copy of the approved Progress Schedule and any approved revisions thereto. The The Contractor must maintain at the Site, available to the Owner and the Architect for their reference during §8.2.5 completion dates established in the most recently approved Progress Schedule.complete the indicated Work or achieve the required percentage of completion, as applicable, within any interim The Contractor must conform to the most recently approved Progress Schedule. The Contractor must §8.2.4 within the Contract Time.The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion §8.2.3 the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner.The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence §8.2.2 Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work.Time limits stated in the Contract Documents are of the essence of the Contract. By executing the §8.2.1§8.2 Progress and Completion defined.The term “day” as used in the Contract Documents shall mean calendar day unless otherwise specifically §8.1.4 The date of Substantial Completion is the date certified by the Architect in accordance with Section9.8.§8.1.3 The date of commencement of the Work is the date established in the Agreement.§8.1.2 the Contract Documents for Substantial Completion of the Work.Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in §8.1.1§8.1 DefinitionsTIMEARTICLE8 Contractor waives any adjustment to the Contract Sum or extension of the Contract Time.changewithout prior notice to the Architect that such change will affect the Contract Sum or Contract Time, the 25(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 104 that provided labor, materials, and equipment relating to the Work.security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities Owner shall, to the best of the Contractor’s knowledge, information,and belief, be free and clear of liens, claims, Payment all Work for which Certificates for Payment have been previously issued and payments received from the no later than the time of payment. The Contractor further warrants that upon submittal of an Application for The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner §9.3.3 insurance, storage,and transportation to the site,for such materials and equipment stored off thesite.materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and §9.3.2 whom the Contractor intends to pay.Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others Applications for Payment shall not include requests for payment for portions of the Work for which the §9.3.1.2 Architect, but not yet included in Change Orders.the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the As provided in Section7.3.9, such applications may include requests for payment on account of changes in §9.3.1.1 provided for in the Contract Documents.requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage ifdata substantiating the Contractor’s right to payment that the Owner or Architect require, such as copies of Section9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under At least ten days before the date established for each progress payment, the Contractor shall submit to the §9.3.1§9.3 Applications for Payment for Payment.unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s subsequent Applications submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require, and Any changes to the schedule of values shall be as a basis for reviewing the Contractor’s Applications for Payment.substantiate its accuracy, required by the Architect. This schedule, unless objected to by the Architect, shall be used the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to schedule of values to the Architect before the first Application for Payment, allocating the entire Contract Sum to Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a §9.2 Schedule of Values inequityto the Owner or Contractor, the applicable unit prices shall be equitably adjusted.contemplated are materially changed so that application of such unit prices tothe actualquantities causessubstantial If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally §9.1.2 payable by the Owner to the Contractor for performance of the Work under the Contract Documents.The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount §9.1.1PAYMENTSANDCOMPLETIONARTICLE9 the Contract Documents.This Section8.3 does not preclude recovery of damages for delay by either party under other provisions of §8.3.3 Claims relating to time shall be made in accordance with applicable provisions of Article 15.§8.3.2 Architect may determine.Architect determines, justify delay, then the Contract Time shall be extended for such reasonable time as the 26(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 105 defective Work not remedied;.1 is responsible, including loss resulting from acts and omissions described in Section3.3.2, because ofsuch extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able toContractor and Owner as provided in Section9.4.1. If the Contractor and Architect cannot agree on a revised be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section9.4.2 cannot The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary §9.5.1§9.5 Decisions to Withhold Certification paid on account of the Contract Sum.payment;or (4) made examination to ascertain how or for what purpose the Contractor has used money previously from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor’s right to construction means, methods, techniques, sequences,or procedures;(3) reviewed copies of requisitions received made exhaustive or continuous on-site inspections to check the quality or quantityof the Work;(2) reviewed Architect. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) deviations from the Contract Documents prior to completion,and to specific qualifications expressed by the Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount Architect’s knowledge, information,and belief, the Work has progressed to the point indicated,the quality of the based on the Architect’s evaluation of the Work and the data in the Application for Payment, that, to the best of the The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, §9.4.2 Contractor and Owner of the Architect’s reason for withholding certification in whole as provided in Section 9.5.1.provided in Section9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the properly due, andnotifythe Contractor and Owner of the Architect’s reasons for withholding certification in part as Contractor;or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is issue to the Owner a Certificate for Paymentin the full amount of the Application for Payment, with a copy to the The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either(1)§9.4.1§9.4 Certificates for Payment be conditioned upon the Contractor’s provision of applicable insurance, storage and transportation to the Site.the Owner to protect the Owner’s interests. Payment for materials and equipment stored off the Site will, in addition, equipment stored on or off the Site is conditioned upon compliance by the Contractor with procedures satisfactory to materials and equipment stored off the Site at a location agreed upon in writing. Payment for materials and the Site. If specifically approved in writing in advance by the Owner, an Application for Payment may include subsequent incorporation in the Work. The Owner has no obligation or responsibility to pay for materials stored off Applications for Payment may include materials and equipment delivered and suitably stored at the Site for §9.3.6 the Contract Documents.Application for Payment must reflect approved Contract Modifications and the Contract retainage provided for in requisitions from Subcontractors and material suppliers, partial lien waivers, releases and other documents. Each Contractor’s right to payment and compliance with thepayment provisions of the Contract, such as copies of prescribed by the Owner. The Application must be notarized and supported by sufficient data to demonstrate the Payment, supported by AIA Document G703, Continuation Sheet (latest edition), or such other form as may be The form of Application for Payment must be AIA Document G702, Application and Certificate for §9.3.5 at a progress meeting prior to submitting a formal Application for Payment.Applications for Payment, the Contractor may submit to and review with the Owner a draft Application for Payment must be consistent with the approved Schedule of Values. In order to expedite the review and approval of completed ona monthly basis in accordance with a schedule approved by the Owner. Each Application for Payment The Contractor must submit to the Architect and Owner itemized Applications for Payment for Work §9.3.4 27(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 106 award of punitive damages against the Contractor for breach of the requirements of this provision.fiduciaryliability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an require money to be placed in a separate account and not commingled with money of the Contractor, create any under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall be held by the Contractor for those Subcontractors or suppliers who performed Work orfurnished materials, or both, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, §9.6.7 Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the §9.6.6 9.6.2, 9.6.3 and 9.6.4.The Contractor’s payments to suppliers shall be treated in a manner similar to that provided in Sections §9.6.5 required by law.obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the The Owner has the right to request written evidence from the Contractor that the Contractor has properly §9.6.4 account of portions of the Work done by such Subcontractor.of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages §9.6.3 manner.agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the §9.6.2 within the time provided in the Contract Documents, and shall so notify the Architect.After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and §9.6.1§9.6 Progress Payments Application for Payment.joint check, the Owner shall notify the Architect and the Contractor shall reflect such payment on its next payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make If the Architect withholds certification for payment under Section9.5.1.3, the Owner may, at its sole option, §9.5.4 previously withheld.When the reasons for withholding certification are removed, certification will be made for amounts §9.5.3 in whole or in part, that party may submit a Claim in accordance with Article 15.When either party disputes the Architect’s decision regarding a Certificate for Payment under Section 9.5.1, §9.5.2 repeated failure to carry out the Work in accordance with the Contract Documents. .7 orunpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; reasonable evidence that the Work will not be completed within the Contract Time, and that the .6 damage to the Owner or a Separate Contractor;.5 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;.4 materials or equipment;failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, .3 security acceptable to the Owner is provided by the Contractor;third party claims filed orreasonable evidence indicating probable filing of such claims,unless .2 28(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 107 under Section9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for accepted in writing the responsibilities assigned to each of themfor payments, retainage, if any, security, use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have to by the insurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented The Owner may occupy or use any completed or partially completed portion of the Work at any stage when §9.9.1§9.9 Partial Occupancy or Use shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.any, the Owner shall make payment of retainage applying to theWork or designated portion thereof. Such payment acceptance of responsibilities assigned to them in theCertificate. Upon such acceptance,and consent of surety if The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written §9.8.5 of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish When the Work or designated portion thereof is substantially complete, the Architect will prepare a §9.8.4 determine Substantial Completion.by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so designated portion thereof is substantially complete. If the Architect’s inspection discloses any item, whether or not Upon receipt of the Contractor’s list, the Architect will make an inspection to determine whether the Work or §9.8.3 responsibility of the Contractor to complete all Work in accordance with the Contract Documents.items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept §9.8.2 Work for its intended use.is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof §9.8.1§9.8 Substantial Completion up, plus interest as provided for in the Contract Documents.the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and dispute resolution, then the Contractor may, upon seven additional days’ notice to the Owner and Architect, stop the after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after §9.7 Failure of Payment against which the lien or other claim for payment has been asserted.approved by the applicable court, when required, the Contractor may substitute a surety bond for the property any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall §9.6.8 29(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 108 final Application for Payment.claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of Acceptance of final payment by the Contractor, a Subcontractor,or a supplier,shall constitute a waiver of §9.10.5 audits performed by the Owner, if permitted by the Contract Documents, after final payment..4 terms of special warranties required by the Contract Documents; or.3 failure of the Work to comply with the requirements of the Contract Documents; .2 liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled;.1 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from§9.10.4 except that it shall not constitute a waiver of Claims.certification of such payment. Such payment shall be made under terms and conditions governing final payment, that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault §9.10.3 attorneys’ fees.compelled to pay in discharging the lien, claim, security interest, or encumbrance, including all costs and reasonable unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver releases and waivers of liens, claims, security interests, or encumbrances arising out ofthe Contract, to the extent and (6) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts and (5) documentation of any special warranties, such as manufacturers’ warranties or specific Subcontractor warranties, renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment,currently in effect, (3) a written statement that the Contractor knows of no reason that the insurance will not be certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is withheld by Owner)have been paid or otherwise satisfied, including but not limited to completed IC134 forms, (2) a with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected Neither final payment nor any remaining retained percentage shall become due until the Contractor submits §9.10.2 fulfilled.that conditions listed in Section9.10.2 as precedent to the Contractor’s being entitled to final payment have been Certificate is due and payable. The Architect’s final Certificate for Payment will constitute a further representation with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in accordance promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, information and finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will receipt of a final Application for Payment, the Architect will promptly make such inspection. When the Architect Upon receipt of the Contractor’s notice that the Work is ready for final inspection and acceptance and upon §9.10.1§9.10 Final Completion and Final Payment constitute acceptance of Work not complying with the requirements of the Contract Documents.Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not§9.9.3 the Work.inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of Immediately prior to such partial occupancy or use, the Owner, Contractor, and Architect shall jointly §9.9.2 no agreement is reached, by decision of the Architect.stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if 30(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 109 designated by the Contractor in writing to the Owner and Architect.shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty §10.2.6 Contractor’s obligations under Section3.18.to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or Sections10.2.1.2 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damageor loss to the by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property §10.2.5 supervision of properly qualified personnel.necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under When use or storage of explosives or other hazardous materials or equipment,or unusual methods are §10.2.4 against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of §10.2.3 protection from damage, injury, or loss.rules and regulations, and lawful orders of public authorities,bearing on safety of persons or property or their The Contractor shall comply with,and give notices required by applicable laws, statutes, ordinances, codes, §10.2.2 of construction.roadways, structures, and utilities not designated for removal, relocation, or replacement in the course other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, .3 site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub-subcontractor; andthe Work and materials and equipment to be incorporated therein, whether in storage on or off the .2 employees on the Work and other persons who may be affected thereby;.1 prevent damage, injury, or loss toThe Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to §10.2.1§10.2 Safety of Persons and Property in connection with the performance of the Contract.The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs§10.1SafetyPrecautionsandProgramsPROTECTIONOFPERSONSANDPROPERTYARTICLE10 Owner or Architect until the Work is determined to be finally complete.complete. In such case, the Contractor must bear the cost of any necessary additional professional services of the Architect will promptly notify the Contractor if the Owner or Architect do not concur that the Work is finally Owner that the Work has been completed in accordance with terms and conditions of the Contract Documents. The Owner. The Contractor’s notice and request for final inspection constitutes a representation by the Contractor to the and is acceptable under the Contract Documents, Architect will issue a Certificate of Final Completion to the promptly make such inspection and, when the Owner and Architect concur that the Work has been fully completed Upon receipt of the Contractor’s notice and request for final inspection, the Owner and Architect will §9.10.7 by Section 9.10.3.request for a final inspection must be accompanied by a final Application for Payment and the Submittals required Architect and request a final inspection of the Work as provided in Section 9.10.2. The Contractor’s notice and Work is complete and ready for final acceptance, the Contractor must give written notice to the Owner and the When the Contractor has completed or corrected all items on the final Punch List and considers that the §9.10.6 31(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 110 the Contract Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred.for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by If, withoutnegligence on the part of the Contractor, the Contractor is held liable by a government agency §10.3.6 due to the Owner’s fault or negligence.Contractor fails to perform its obligations under Section10.3.1, except to the extent that the cost and expense are hazardous materials or substances the Contractor brings to the site and negligently handles, or (2) where the The Contractor shall reimbursethe Owner for the cost and expense the Owner incurs (1) for remediation of §10.3.5 extent of the Contractor’s fault or negligence in the use and handling of such materials or substances.Owner shall be responsible for hazardous materials or substances required by the Contract Documents, except to the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The The Owner shall not be responsible under this Section10.3 for hazardous materials or substances the §10.3.4 negligence of the party seeking indemnity.property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible or death as described in Section10.3.1 and has not been rendered harmless, provided that such claim, damage, loss, performance of the Work on Owner’s propertyif in fact the material or substance presents the risk of bodily injury claims, damages, losses,and expenses, including but not limited to attorneys’ fees, arising out of or resulting from Subcontractors, Architect, Architect’s consultants, and agents and employees of any of them from and against To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, §10.3.3 of shutdown, delay, and start-up.appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable additional costs written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract verify the presence or absence of the material or substance reported by the Contractor and, in the event such material Upon receipt of the Contractor’s notice, the Owner shall obtain the services of a licensed laboratory to §10.3.2 the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition.polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing injury or death to persons resulting from a material or substance, including but not limited to asbestos or addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not The Contractor is responsible for compliance with any requirements included in the Contract Documents §10.3.1§10.3 Hazardous Materials and Substances sufficient detail to enable the other party to investigate the matter.be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide others for whose acts such party is legally responsible, notice of the injury or damage, whether or not insured, shall If either party suffers injury or damage to person or property because of an act or omission of the other party, or of §10.2.8InjuryorDamagetoPersonorProperty create an unsafe condition.The Contractor shall not permit any part of the constructionor site to be loaded so as to cause damage or §10.2.7 32(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 111 costs and damages attributable thereto.Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable Order. If the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the insurance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change Subcontractors, and Sub-subcontractors to the extent the loss to the Owner would have been covered by the adjusted. In the event the Owner fails to procure coverage, the Owner waives all rights against the Contractor, failure to provide coverage has been cured or resolved, the Contract Sum and Contract Time shall be equitably that will protect the interests of the Contractor, Subcontractors, and Sub-Subcontractors in the Work. When the receipt of notice from the Owner, the Contractor may delay commencement of the Work and may obtain insurance Contract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the If the Owner fails to purchaseand maintain the required §11.2.2 Failure to Purchase Required Property Insurance.companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. Documents. The Owner shall purchase and maintain the required insurance from an insurance company or insurance endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract The Owner shall purchase and maintain insurance of the types and limits of liability, containing the §11.2.1 §11.2Owner’sInsurance the Contractor of any contractual obligation to provide any required coverage.procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from the ContractDocuments, the Contractor shall provide notice to the Owner of such impending or actual cancellation date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurancerequired by Within three (3) business days of the §11.1.5Notice of Cancellation or Expiration of Contractor’s Required Insurance.authorize a copy to be furnished.of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment §11.1.4 located.from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is conditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds The Contractor shall provide surety bonds of the types, for such penal sums, and subject to such terms and §11.1.3 arising out of the Project Work.operations period. Completed operations shall be the period within which any claims may be brought for damages interruption from the date of commencement of the Work until the date of finalpayment through the completed occurrence or claims-made basis, shall name the Owneras additional insured, and shall be maintained without Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the §11.1.2 commercial general liability policy or as otherwise described in the Contract Documents.Owner, Architect, and Architect’s consultants shall be named as additional insureds under the Contractor’s insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located.The Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the §11.1.1§11.1 Contractor’s Insurance and BondsARTICLE11 on account of an emergency shall be determined as provided in Article 15 and Article 7.prevent threatened damage, injury, or loss. Additionalcompensation or extension of time claimed by the Contractor In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to §10.4Emergencies 33(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 112 if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Owner shall deposit the insurance proceeds in a separate account andmake the appropriate distributions. Thereafter, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have 14 days from Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed §11.4.2 Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner.Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the requirements of any applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Architect and fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as §11.4.1§11.4AdjustmentandSettlementofInsuredLoss separate property insurance.accordance with the terms of Section11.3.1 for damages caused by fire or other causes of loss covered by this the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in property insurance is to be provided on the completed Project through a policy or policies other than those insuring to the site by property insurance under policies separate from those insuring the Project, or if after final payment If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent § 11.3.3 the Architect, or Architect’s consultants, if any.both, at or adjacent to the site of the Project, caused by the negligent, intentional or other willful act or omission of Architect, or Architect’s consultant, if any, for damages caused to non-Project related property, real or personal or omission of the Contractor, any of its Subcontractors, Sub-Subcontractors, agents or employees; or against (2) the or personal or both, at or adjacent to the site of the Project, caused by the negligent, intentional or other willful act or Subcontractors, Sub-Subcontractors, agents or employees for damages caused to non-Project related property, real Notwithstanding the above, Owner does not waive its right to subrogate against (1) Contractor, any of its § 11.3.2 property.premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subcontractors, and sub-subcontractors. The policies of insurance purchased and maintained by each person or entity individuals and entities identified above from the Architect, Architect’s consultants, Separate Contractors, ofsuch insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the by the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required Separate Contractors, if any, and any of their subcontractors, sub-subcontractors, agents, and employees, for subcontractors, agents, and employees, each of the other; (2) the Architect and Architect’s consultants; and (3) The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-§11.3.1§11.3 Waivers of Subrogation shall not relieve the Owner of any contractual obligation to provide required insurance.insurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the Subcontractors, and Sub-subcontractors to the extent any loss to the Owner would have been covered by the Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor,has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) the Contract Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the required by the Contract Documents, the Owner shall provide notice to the Contractor of such impending or actual of the date the Owner becomes aware of an impending or actual cancellation or expiration of any propertyinsuranceWithin three (3) business days §11.2.3 Notice of Cancellation or Expiration of Owner’s Required Property Insurance.34(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org. ®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 113 the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents correction of Work as described in Section12.2.2 relates only to the specific obligation of the Contractor to correct other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for Nothing contained in this Section12.2 shall be construed to establish a period of limitation with respect to §12.2.5 Work that is not in accordance with the requirements of the Contract Documents.Separate Contractors, whether completed or partially completed, caused by the Contractor’s correction or removal of The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or §12.2.4 requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner.The Contractor shall remove from the site portions of the Work that are not in accordance with the §12.2.3 that corrective work shall be extended for one year from the date the Corrective Work was completed.With respect to any corrective work performed during the Correction Period, the Correction Period for §12.2.2.3 completion of that portion of the Work.performed after Substantial Completion by the period of time between Substantial Completion and the actual The one-year period for correction of Work shall be extended with respect to portions of Work first §12.2.2.2 correct it in accordance with Section2.5.within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may condition. During the one-year period for correction of Work.If the Contractor fails to correct nonconforming Work Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the shall correct it promptly after receipt of notice from the Owner todo so, unless the Owner has previously given the any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor established under Section9.9.1, or by terms of any applicable special warranty required by the Contract Documents, Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties In addition to the Contractor’s obligations under Section3.5, if, within one year after the date of §12.2.2.1§12.2.2 After Substantial Completion shall be at the Contractor’s expense.uncovering and replacement, and compensation for the Architect’s services and expenses made necessary thereby, completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of the Contract Documents, discovered before Substantial Completion and whether or not fabricated, installed or The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of §12.2.1 Before Substantial Completion§12.2 Correction of Work Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor’s expense.the Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance with the Contract Work is in accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such If a portion of the Work has been covered that the Architect has not specifically requested to examine prior §12.1.2 Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time.expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the If a portion of the Work is covered contrary to the Architect’s request or to requirements specifically §12.1.1§12.1 Uncovering of WorkUNCOVERINGANDCORRECTIONOFWORKARTICLE12 the damaged or destroyed Work.Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and allocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount 35(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 114 Documents, be secured by the Contractor and promptly delivered to the Architect.Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract §13.4.4 shall be at the Contractor’s expense.by such failure, including those of repeated procedures and compensation for the Architect’s services and expenses, portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the §13.4.3 costs, except as provided in Section13.4.3, shall be at the Owner’s expense.when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such or approval,by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, additional testing, inspection, or approval not included under Section13.4.1, the Architect will, upon written If the Architect, Owner, orpublic authorities having jurisdiction determine that portions of the Work require §13.4.2 approvals where building codes orapplicable laws or regulations so require.after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until timely notice of when and where tests and inspections are to be made so that the Architect may be present for such authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract §13.4.1§13.4 Tests and Inspections breach thereunder, except as may be specifically agreed upon in writing.afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty §13.3.2 by law.shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder §13.3.1§13.3 Rights and Remedies The Contractor shall execute all consents reasonably required to facilitate the assignment.financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction §13.2.2 legally responsible for all obligations under the Contract.other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain in Section13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal §13.2.1§13.2 Successors and Assigns choice of law rules. The Contractshall be governed by the law of the place where the Project is located, excluding that jurisdiction’s §13.1 Governing LawMISCELLANEOUSPROVISIO NSARTICLE13 appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.Owner may do so instead of requiringits removal and correction, in which case the Contract Sum will be reduced as If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the §12.3 Acceptance of Nonconforming Work Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work.may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the 36(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 115 construction equipment and machinery thereon owned by the Contractor;Exclude the Contractor from the site and take possession of all materials, equipment, tools, and .1 of the Contractor and may, subject to any prior rights of the surety:Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ notice, terminate employmentsufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the When any of the reasons described in Section 14.2.1 exist, and upon certification by the Architect that §14.2.2 otherwise is guilty of substantial breach of a provision of the Contract Documents..4 orders of a public authority; orrepeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful .3 between the Contractor and the Subcontractorsor suppliers;fails to make payment to Subcontractors or suppliers in accordance with the respective agreements .2 repeatedly refuses or fails to supply enough properly skilled workers or proper materials;.1 The Owner may terminate the Contract if the Contractor§14.2.1§14.2 Termination by the Owner for Cause Section14.1.3.days’ notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional portions ofthe Work because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract Subcontractor, a Sub-subcontractor, or their agents or employees or any other persons or entities performing If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a §14.1.4 as well as reasonable overhead and profit on Work not executed, and costs incurred by reason of such termination.notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, If one of the reasons described in Section14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ §14.1.3 in any 365-day period, whichever is less.constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days repeated suspensions, delays, or interruptions of the entire Work by the Owner as described in Section14.3, Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a §14.1.2 made payment on a Certificate for Payment within the time stated in the Contract Documents.the reason for withholding certification as provided in Section9.4.1, or because the Owner has not Because the Architect has not issued a Certificate for Payment and has not notified theContractor of .3 stopped;orAn act of government, such as a declaration of national emergency, that requires all Work to be .2 be stopped;Issuance of an order of a court or other public authority having jurisdiction that requires all Work to .1 other persons or entities performing portions of the Work, for any of the following reasons:through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days §14.1.1§14.1 Termination by the ContractorTERMINATIONORSUSPENSIONOFTHECONTRACTARTICLE14 unpaid shallbe fivepercent (5.00%) per annum. Statutes, Section471.425 (“Prompt Payment Act”), provided, however, that the interest rate for payments due but All payments to the Contractor shall be governed by thePrompt Payment of Local Government Bills, Minnesota §13.5Interest unreasonable delay in the Work.Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid §13.4.6 Architect will do so promptly and, where practicable, at the normal place of testing.If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the §13.4.5 37(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 116 requirements of the binding dispute resolution method selected in the Agreement and within the period specified by related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or §15.1.2TimeLimitsonClaim s related to or arising out of the Contract.Documents.Nothing in this paragraph 15.1.1 is intended to in any way limit the Owner’s right to make claims require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract responsibility to substantiate Claims by the Contractor shall rest with theContractor. This Section 15.1.1 does not disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract.The Contract Time, or other relief with respect to the terms of the Contract. The term “Claim” also includes other A Claim is a demand or assertion by Contractorseeking, as a matter of right, payment of money, a change in the §15.1 Claims ARTICLE15 Subcontracts;and the termination fee, if any, set forth in the Agreement.properlyexecuted;costs incurred by reason of the termination, including costs attributable to termination of In case of such termination for the Owner’s convenience, the Owner shall pay the Contractor for Work§14.4.3 and purchase orders.notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts except for Work directed to be performed prior to the effective date of termination stated in the .3 andtake actions necessary, or that the Owner may direct, for the protection and preservation of the Work; .2 cease operations as directed by the Owner in the notice;.1 shallUpon receipt of notice from the Owner of such termination for the Owner’s convenience, the Contractor §14.4.2 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause.§14.4.1§14.4 Termination by the Owner for Convenience that an equitable adjustment is made or denied under another provision of the Contract..2 for which the Contractor is responsible; orthat performance is, was,or would have been,so suspended, delayed,or interrupted,by another cause .1 suspension, delay,or interruption under Section14.3.1. No adjustment shall be made to the extentThe Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by §14.3.2 whole or in part for such period of time as the Owner may determine.The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work,in §14.3.1§14.3 Suspension by the Owner for Convenience survive termination of the Contract.may be, shall be certified by the Initial Decision Maker, upon application, andthis obligation for payment shall the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for §14.2.4 not be entitled to receive further payment until the Work is finished.When the Owner terminates the Contract for one of the reasons stated in Section14.2.1, the Contractor shall §14.2.3 incurred by the Owner in finishing the Work.request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written .3 Accept assignment of subcontracts pursuant to Section5.4; and.2 38(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 117 decide disputes between the Contractor and persons or entities other than the Owner.been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not Decision Maker, theContractormay demand mediation and binding dispute resolution without a decision having Contractor. If an initial decision has not been rendered within 30 days after the Claim has been referred to the Initial Section15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claimby the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this 10.4, and 11.5, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the after expiration of the period for correction of the Work set forth in Section12.2.2 or arising under Sections 10.3, Claimsby the Contractor, excluding those where the condition giving rise to the Claim is first discovered§15.2.1§15.2 Initial Decision been reasonably anticipated,and had an adverse effect on the scheduled construction.documented by data substantiating that weather conditions were abnormal for the period of time, could not have If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be §15.1.6.2 delay on progress of the Work.In the case of a continuing delay, only one Claim is necessary.Section 15.1.3 shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in §15.1.6.1§15.1.6 Claims for Additional Time subcontractor.performed by the Contractor, or (2) five percent (5.00%) overhead and profit for Work performed by a pay Contractor actual costs incurred plus either: (1) ten percent (10.00%) for overhead and profit for Work substantiate all additional costs actually incurred. If a claim for additional actual costs is approved, the Owner shall As a condition to making a Claim for additional costs, the Contractor shall maintain and produce accurate records to notice is not required for Claims relating to an emergency endangering life or property arising under Section10.4.15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior If the Contractor wishes to make a Claim for an increase in the Contract Sum, writtennotice as provided in Section §15.1.5ClaimsforAdditionalCost Certificates for Payment in accordance with the decision of the Initial Decision Maker.decision, subject to the right of either party to proceed in accordance with this Article 15. The Architect will issue The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker’s §15.1.4.2 continue to make payments in accordance with the Contract Documents. and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section9.7 §15.1.4.1§15.1.4Contin uingContractPerformance other party. In such event, no decision by the Initial Decision Maker is required.after expiration of the period for correction of the Work set forth in Section12.2.2, shall be initiated by notice to the Claims by either the Owner or Contractor, where the condition givingrise to the Claim is first discovered §15.1.3.2 profit for work performed by a Subcontractor, as applicable.percent (10%) for overhead and profit for work performed by the Contractor, or (b) five percent (5%) overhead and Claim for actual costs is approved, the Owner shall pay the Contractor actual costs incurred, plus either (a) tenContractor shall maintain and produce accurate records to substantiate all additional costs actually incurred. If a condition giving rise to the Claim, whichever is later.As a condition to making a claimfor additional costs, the occurrence of the event giving rise to such Claim or within 21 days after the Contractor first recognizes the Decision Maker. Claims by the Contractor under thisSection 15.1.3.1 shall be initiated within 21 days after party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial of the period for correction of the Work set forth in Section12.2.2, shall be initiated by written notice to the other Claims by Contractor, where the condition giving rise to the Claim is first discovered prior to expiration §15.1.3.1§15.1.3 Notice of Claims 39(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA Document A201 118 body shall be enforceable as settlement agreements in any court having jurisdiction thereof.another location is mutually agreed upon. Agreements reached in mediation and ratified by the Owner’s governing mediator’s fee and any filing fees. The mediation shall be held in the place where the Project is located, unless commenced, the parties agree to mediate before any dispositive motions or trial. The parties shall share equally the subject to mediation. Mediation is not a condition precedent to commencing litigation, but if litigation is Any Claim, dispute or other matter in question or arising out of or related to this Agreement shall be §15.3.1§15.3 Mediation may, but is not obligated to notify the surety and request the surety’s assistance in resolving the controversy.any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner In the event of a Claim against the Contractor, the Owner may, but is not obligated to notify the surety,if §15.2.6 dispute resolution.on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating §15.2.5 in whole or in part.receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim data will be furnished,or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting supporting data, such party shall respond, within ten days after receipt of the request, and shall either (1) provide a If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional §15.2.4 such persons at the Owner’s expense.Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of information from either party or from persons with special knowledge or expertise who may assist the Initial In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek §15.2.3 Decision Maker to resolve the Claim.Maker concludes that, in the Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the response with supporting data from the Owner , (2) reject the Claim in whole or in part, (3) approve the Claim, (4) Claim take one or more of the following actions: (1) request additional supporting data from the Contractor or a The Initial Decision Maker will review Claims by the Contractor and within ten days of the receipt of a §15.2.2 40(1982877300)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:24 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by –2017.® AIA 119 The Owner and Contractor agree as follows.507-281-1632 »Rochester, MN 559013416 Lakeridge Place Northwest«Salas O’Brien North, LLC«(Name, legal status, address and other information)The Architect:«Mayo Civic Center and Art Center «Downtown Building Energy Transition-»«City of Rochester, Minnesota»(Name, location and detailed description)for the following Project:Rochester, MN 55902Avenue SW nd 502 2Kraus-Anderson Construction Company(Name, legal status, address and other information)and the Contractor:«507-328-2900 »«Rochester, MN 55904 »«201 4th Street SE »«City of Rochester »« »(Name, legal status, address and other information)the Owner:BETWEEN(In words, indicate day, month and year.)made as of the « »day of «January »in the year «2023 »AGREEMENT this document.as set forth in the footer of violation of copyright laws prohibitedand constitutes a to another electronic file is Document ® portion of this AIAof any ELECTRONIC COPYINGmodified.unless thisdocument is other general conditions reference. Do not use with adopted in this document by for Construction, is Conditions of the Contract A201®–2017, General Agreement. AIA Document contemporaneously with this Insurance and Bonds, A101®–2017, Exhibit A, The parties should completeor modification.respect to its completion attorney is encouraged with Consultation with an legal consequences. This document has important reviewed.the author and should be form text is available from revisions to the standard information as well as that notes added Additions and Deletions An original AIA standard form. revised the text of the The author may also have needed for its completion. has added information The author of this document ADDITIONS AND DELETIONS: 1(1768051532)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ETon 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:05 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by –2017.®AIA Document A101 where the basis of payment is a Stipulated SumStandard Form of Agreement Between Owner and Contractor®Document A101® AIA Document A101 120 The Contract Time shall be measured from the date of commencement of the Work.§3.2 Agreement.If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this « »(Insert a date or a means to determine the date of commencement of the Work.)Established as follows:\]« »\[ A date set forth in a notice to proceed issued by the Owner.\]« »\[ The date of this Agreementor upon receipt of the building permit for the Project, whichever is later.\]« X»\[ (Check one of the following boxes.)The date of commencement of the Work shall be:§3.1 DATEOFCOMMENCEMENTANDSUBSTANTIALCOMPLETIONARTICLE3 to the site.contractor to the installation location. Owner and Contractor to coordinate delivery of the Owner-Purchased Items previously purchased-owned by the City and stored at a location to be determined for further transport by the The contract requires that the Contractor will be installing Owner-Purchased Items that will have been §2.1 the Contract Documents to be the responsibility of others.The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in THEWORKOFTHISCONTRACTARTICLE2 Article 9.agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or are as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and Conditions), Drawings, Specifications, Addenda issued prior toexecution of this Agreement, other documents listed The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other THECONTRACTDOCUMENTSARTICLE1EXHIBIT A INSURANCE AND BONDSENUMERATION OF CONTRACT DOCUMENTS9MISCELLANEOUS PROVISIONS8TERMINATION OR SUSPENSION7DISPUTE RESOLUTION6PAYMENTS5CONTRACT SUM4DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION3THE WORK OF THIS CONTRACT2THE CONTRACT DOCUMENTS1TABLEOFARTICLES 2(1768051532)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:05 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by –2017.® AIA Document A101 121«N/A »(Insert terms and conditions for liquidated damages, if any.)Liquidated damages, if any:§4.5 N/A ($0.00)Price per Unit Units and LimitationsItem(Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.)Unit prices, if any:§4.4 N/A PriceItem(Identify each allowance.)Allowances, if any, included in the Contract Sum:§4.3 N/A Conditions for AcceptancePriceItem(Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.)execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement.Subject to the conditions noted below, the following alternates may be accepted by the Owner following §4.2.2 $46,000 Alternate #01 PriceItem Alternates, if any, included in the Contract Sum:§4.2.1 §4.2 Alternates«2,623,000.00 »), subject to additions and deductions as provided in the Contract Documents.Contract. The Contract Sum shall be « Two Million Six Hundred Twenty-Three Thousand and 00/100 Dollars»($ The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the §4.1 CONTRACTSUMARTICLE4 if any, shall be assessed as set forth in Section 4.5.If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, §3.3.3 N/A Substantial Completion DatePortion of Work Completion of such portions by the following dates:are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work §3.3.2 By the following date: « »\]« »\[ the Work.Not later than « two hundred fifty-six»( « 256»)calendar days from the date of commencement of \]« X»\[ (Check one of the following boxes and complete the necessary information.)achieve Substantial Completion of the entire Work:Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall §3.3.1 §3.3 Substantial Completion 3(1768051532)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:05 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by –2017.® AIA Document A101 122 Retainage withheld pursuant to Section 5.1.7..5 provided in Article 9 of AIA Document A201–2017; andthe Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as For Work performed or defects discovered since the last payment application, any amount for which .4 unless the Work has been performed by others the Contractor intends to pay;Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, .3 withheld a Certificate for Payment as provided in Article 9 of AIA Document A201–2017;The amount, if any, for Work that remains uncorrected and for which the Architect has previously .2 The aggregate of any amounts previously paid by the Owner;.1 The amount of each progress payment shall then be reduced by:§5.1.6.2 professional judgment, to be reasonably justified.That portion of Construction Change Directives that the Architect determines, in the Architect’s .3 in advance by the Owner, suitably stored off the site at a location agreed upon in writing; andsuitably stored at the site for subsequent incorporation in the completed construction, or, if approved That portion of the Contract Sum properly allocable to materials and equipment delivered and .2 That portion of the Contract Sum properly allocable to completed Work;.1 The amount of each progress payment shall first include:§5.1.6.1 follows:subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as In accordance with AIA Document A201™–2017, General Conditions of the Contract for Construction, and §5.1.6 of the period covered by the Application for Payment.Applications for Payment shall show the percentage of completion of each portion of the Work as of the end §5.1.5 basis for reviewing the Contractor’s Applications for Payment.by such data to substantiate its accuracy,as the Architect may require. This schedule of values shall be used as a Sum among the various portions of the Work. The schedule of values shall be prepared in such form,and supported Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Each Application for Payment shall be based on the mostrecent schedule of values submitted by the §5.1.4 (Federal, state or local laws may require payment within a certain period of time.)disputes unless expressly otherwise agreed in this Contract.Bills, Minnesota Statutes, Section471.425 (“Prompt Payment Act”), which shall govern payments and payment payment of the amount certified shall be made by the Ownerpursuant to thePrompt Payment of Local Government « 1st»month. If an Application for Payment is received by the Architect after the application date fixed above, month, the Owner shall make payment of the amount certified to the Contractor not later than the « 30th»day of the »day of a Provided that an Application for Payment is received by the Architect not later than the « 5th§5.1.3 « »the month, or as follows:The period covered by each Application for Payment shall be one calendar month ending on the last day of §5.1.2 Contractor as provided below and elsewhere in the Contract Documents.Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for §5.1.1 §5.1 Progress PaymentsPAYMENTSARTICLE5«N/A »(Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.)Other:§4.6 4(1768051532)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:05 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by –2017.® AIA Document A101 123§5.3 Interest« »Architect’sfinal Certificate for Payment, or as follows:The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the §5.2.2 a final Certificate for Payment has been issued by the Architect..2 any, which extend beyond final payment; andWork as provided in Article 12 of AIA Document A201–2017, and to satisfy other requirements, if the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct .1 Final payment, constituting the entire unpaid balanceof the Contract Sum, shall be made by the Owner to the §5.2.1 §5.2 Final Payment materials or equipment which have not been delivered and stored at the site.Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for §5.1.9 the Contractor any additional amounts in accordance with Article 9 of AIA Document A201–2017.If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay §5.1.8 clause (2) after submission of all final paperwork, as required by the Contract Documents. »after completion or correction of the Work, as determined by Architect. Owner will pay any amounts withheld under amount and basis of the withholding. Owner will pay any amounts withheld under clause (1) within sixty (60) days If Owner withholds payment under this paragraph, it will provide a written statement to Contractor detailing the contract or $500.00, whichever is greater, pending completion and submission of all final paperwork by Contractor. correct or complete Work known at the time of Substantial Completion; and (2) one percent (1%) of the value of the Substantial Completion, Owner may withhold: (1) two hundred and fifty percent (250%) of the estimated cost to determined by the Architect consistent with the definition in Section 9.8 of the A201 General Conditions. After released to Contractor no later than sixty (60) days after Substantial Completion. “Substantial Completion” shall be Subject to the following, all retainage will be Retainage after Substantial Completion, Minn. Stat. § 15.72, subd. 2:«(Insert any other conditions for release of retainage upon Substantial Completion.)retainage as follows:pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include submit an Application for Payment that includes the retainage withheld from prior Applications for Payment Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may §5.1.7.3« »provisions for such modifications.)including modifications for Substantial Completion of portions of theWork as provided in Section 3.3.2, insert (If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, Reduction or limitation of retainage, if any, shall be as follows:§5.1.7.2«None »(Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.)The following items are not subject to retainage:§5.1.7.1.1«Five Percent (5%) »retainage may be limited by governing law.)(Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of following amount, as retainage, from the payment otherwise due:For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the §5.1.7.1§5.1.7 Retainage 5(1768051532)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:05 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by –2017.® AIA Document A101 124(Name, address, email address, and other information)The Owner’s representative:§8.2 Documents.Document, thereference refers to that provision as amended or supplemented by other provisions of the Contract Where reference is made in this Agreement to a provision of AIA Document A201–2017 or another Contract §8.1 MISCELLANEOUSPROVISIONSARTICLE8 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2017.§7.2« »for the Owner’s convenience.)(Insert the amount of, or method for determining, the fee, if any, payable to the Contractor following a termination A201–2017, then the Owner shall pay the Contractor a termination fee as follows:If the Contract is terminated for the Owner’s convenience in accordance with Article 14 of AIA Document §7.1.1 A201–2017.The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document §7.1TERMINATIONORSU SPENSIONARTICLE7 of competent jurisdiction.writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court Ifthe Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in « »(Specify)Other \]« »\[ Litigation in a court of competent jurisdiction, in Olmsted County, Minnesota\]« X»\[ Arbitration pursuant to Section 15.4 of AIA Document A201–2017\]« »\[ (Check the appropriate box.)method of binding dispute resolution shall be as follows:For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201–2017, the §6.2 Binding Dispute Resolution« »« »« »« »if other than the Architect.)(If the parties mutually agree, insert the name, address and other contact informationof the Initial Decision Maker, the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker.The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017, unless §6.1 Initial Decision MakerARTICLE6«Four Percent (4.00 »%) «per annum »(Insert rate of interest agreed upon, if any.)located.below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated 6(1768051532)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:05 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by –2017.® AIA Document A101 125 in a local civil rights commission, disability or age. The Contractor agrees to be bound by the provisions of national origin, sex, sexual orientation, marital status, status with regard to public assistance, membership or activity are selected, and that employees are treated during employment, without regard to their race, color, creed, religion, Pursuant to Minnesota Statutes, Section 181.59, the Contractor will take affirmative action to ensure that applicants §8.9 Non-Discrimination cooperate with the Owner with respect to the Owner’s obligations to comply with the requirements of the MGDPA. acknowledge that this Contract is subject to the applicable requirements of the MGDPA. The Contractoragrees to the Minnesota Government Data Practices Act (“MGDPA”), Minnesota Statutes Chapter 13.The Parties maintained, or disseminated by Contractor in performing this contract is subject to theapplicablerequirements of Pursuant to Minnesota Statutes, Section 13.05, subd. 11, all of the data created, collected, received, stored, used, §8.8 Data Practices records for a minimum of six (6) years after final payment.examination by the Owner and the state auditor for a minimum of six (6) years. Contractor shall maintain such accounting procedures and practices of Contractor, that are relevant to the Contract or transaction, are subject to Pursuant to Minnesota Statutes, Section 16C.05, subd. 5, Contractor agrees that the books, records, documents and §8.7 Record Keeping—Availability and Retention« »generate a read receipt for the transmission.)format such as name, title, and email address of the recipient and whether and how the system will be required to (If other than in accordance with AIA Document E203–2013, insert requirements for delivering notice in electronic otherwise set forth below:with AIA Document E203™–2013, Building Information Modeling andDigital Data Exhibit, if completed, or as Notice in electronic format, pursuant to Article 1 of AIA Document A201–2017, may be given in accordance §8.6 the Contract Documents.The Contractor shall provide bonds as set forth in AIA Document A101™–2017 Exhibit A, and elsewhere in §8.5.2 Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents.2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A101™–§8.5.1§8.5 Insurance and Bonds other party.Neither the Owner’s nor the Contractor’s representative shall be changed without ten days’ prior notice to the §8.4 « »« »« »« »« »« »(Name, address, email address, and other information)The Contractor’s representative:§8.3 Email: sramsey@rochestermn.gov »«Phone: 507-328-2026«Rochester, MN 55904 »«201 4th Street SE »«City of Rochester »«Manager of Facilities and Property Administration »7(1768051532)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:05 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by –2017.® AIA Document A101 126 TheSustainability Plan:\]« »\[ « »(Insert the date of the E204-2017 incorporated into this Agreement.)AIA Document E204™–2017, Sustainable Projects Exhibit, dated as indicated below:\]« »\[ required.)(Check all boxes that apply and include appropriate information identifying the exhibit where .8 Documents unless the biddingor proposalrequirements are also enumerated in this Article 9.Portions of Addenda relating to biddingor proposalrequirements are not part of the Contract PagesDateNumber Addenda, if any:.7 PagesDateTitleSection Specifications.6 DateTitleNumber Drawings.5« »(Insert the date of the E203-2013 incorporated into this Agreement.)AIA Document A201™–2017, General Conditions of the Contract for Construction.3 AIA Document A101™–2017, Exhibit A, Insurance and Bonds .2 AIA Document A101™–2017, Standard Form of Agreement Between Owner and Contractor.1 This Agreement is comprised of the following documents, as modified:§9.1 ENUMERATIONOFCONTRACTDOCUMENTSARTICLE9 costs and disbursements, including attorney's fees, incurred in bringing the action.subcontractor who prevails in a civil action to collect interest penalties from a Prime Contractor must be awarded its unpaid balance of less than $100, the Prime Contractor shall pay the actual penalty due tothe subcontractor. A subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the services provided by the subcontractor. The Contract must require the Prime Contractor to pay interest of 1-1/2 subcontractor within ten (10) days of the Prime Contractor's receipt of payment from the municipality for undisputed In accordance with Minnesota Statutes, Section471.425, subd. 4a each Prime Contractor must pay any §8.11Prompt Payment to Subcontractors unpaid shall be four percent (4.00%) per annum.Statutes, Section 471.425 (“Prompt Payment Act”), provided, however, that theinterest rate for payments due but All payments to the Architect shall be governed by the Prompt Payment of Local Government Bills, Minnesota §8.10 Prompt Payment of Local Government Bills, Minn. Stat. § 471.425 incorporated into this contract.Minnesota Statutes, Section 181.59, that prohibits certain discriminatory practices and the terms of said section are 8(1768051532)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:05 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by –2017.® AIA Document A101 127(Printed name and title)«Kelly Geistler, City Clerk »« »(Signature)OWNER (Printed name and title)(Printed name and title)« »« »«Kim Norton, Mayor »« »(Signature)CONTRACTO R (Signature)OWNER This Agreement entered into as of the day and year first written above.« »documents should be listed here only if intended to be part of the Contract Documents.)proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such requirements, and other information furnished by the Owner in anticipation of receivingbids or sample forms, theContractor’s bid or proposal, portions of Addenda relating to bidding or proposal Document A201™–2017 provides that theadvertisement or invitation to bid, Instructions to Bidders, (List here any additional documents that are intended to form part ofthe Contract Documents. AIA Other documents, if any, listed below:.9 PagesDateTitleDocument Supplementary and other Conditions of the Contract:\]« »\[ PagesDateTitle 9(1768051532)User Notes:Terms of Service. To report copyright violations, e-mail copyright@aia.org.®be used in accordance with the AIA Contract Documentstime use only, and may only ET on 03/22/2022 under Order No.2114302942 which expires on 04/02/2023, is not for resale,is licensed for one-This draft was produced by AIA software at 14:01:05 Contract Documents” are registered trademarks and may not be used without permission.The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA The American Institute of Architects. All rights reserved. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by –2017.® 128 $3,810 Total Net Price (Group 3) piping specialties, installation, spare parts, anything not listed above. ispersion drain cooler, accessories not listed above, Not Including: Extended or Labor warranty, condensate pumps, d Startup of humidifier is included. Standard warranty is 1 year parts Dispersion Includes: Single Dispersion Tube, 304 Stainless Steel insulated tubes, 10' steam hose safety switch1 -itch, NEMA10 VDC input signal by others, high limit humidistat, airflow proving sw-BACnet interoperability, 060 Electrode XTP humidifier with standard indoor enclosure, modulating control type, -1-Generation includes: 120 6 weeks plus transit-Current Lead time is 4 1-DRISTEEM ELECTRODE HUMIDIFIER & DISPERSION (QTY 1), TAG: H ***FOR MAYO CIVIC CENTER *** 1-H Civic Center -DriSteem Humidifier 113 Tag ModelQty Item # Group ($174,400) Total Net Price (Group 2) 14 weeks + transit-12time would still be -Lead This is a deduct cost if owner can take boilers with natural gas only. Boilers will not have the ability to run on fuel oil1,2,3-B fuel oilDeduct to go to natural gas only boilers instead of natural gas and 322 Tag ModelQty Item # Group $471,328 Total Net Price (Group 1) 14 weeks + transit-time = 12-Lead Regulators, OIl Fuel PumpQty (3) boilers including: Header Senors, Outdoor Sensors, Condensate Neutralization Kits, Bacnet Compatibility, 1,2,3-B 6000DF Gas & Oil Boilers-Fulton VTG 311 Tag ModelQty Item # Group Midwest Mechanical Solutions is pleased to offer the following products for your review and consideration: 7938)-S 22010701(Contract #: TIP Pricing in accordance with TIPS Cooperative Purchasing Program Pricing valid for 30 days Addendums: 1 & 2 Tax: Tax Not Included Proposal #: 74429 Payment Terms: Net 30 Rochester -Engineer: Salas O'Brien Factory-Delivery Terms: FOB CenterProject: Rochester Mayo Civic Center and Art 11/30/2022Date: and Property Administration Manager of Facilities –Scot Ramsey To: www.mmsus.com Golden Valley, MN 55427 8125 Lewis Road Proposal conditions/-https://www.mmsus.com/terms 5 of 1 Page 2022Thursday, December 29, 9907-759-612 -MMS Contact: Riley Bredesen 129 $48,800 Total Net Price (Group 7) Not including: Bypass on VFD's (see separate cost add (Group # 8) to provide these with Bypass up-Includes factory certified start transit at the momenttime = approximately 25 weeks + -Lead Qty (1) 50 HP - Qty (1) 40 HP - Qty (1) 15 HP - Qty (1) 10 HP - Qty (3) 75 HP - Qty (3) 5 HP - M601-Qty (10) VFD's as noted on mechanical schedule MC 17 RF & SF-AHU16 RF & SF, -AHU3, -3, HWP 1-BP 1 ABB VFD's 1017 Tag ModelQty Item # Group $7,819 Total Net Price (Group 6) 8 weeks-time = 6-Estimated Lead Art Center -Qty (2) Belimo Control Valves as Scheduled with tagging included 2 (Art Center)-CV 1Belimo Control Valves 216 Tag ModelQty Item # Group $62,984 Total Net Price (Group 5) 8 weeks -time = 6-Estimated Lead Civic Center -Qty (48) Belimo Control Valves as Scheduled with tagging included Center)48 (Civic -CV 1Belimo Control Valves 4815 Tag ModelQty Item # Group $29,511 Total Net Price (Group 4) piping specialties, piping kit, installation, spare parts, anything not listed above. ensate pumps, dispersion drain cooler, accessories not listed above, Not Including: Extended or Labor warranty, cond Startup of humidifier is included. Standard warranty is 1 year parts Steel insulated tubes, 10' steam hose3 and H04, 304 Stainless -2 , Single Dispersion Tubes n H-1 and H-Includes: Rapidsorb dispersion on HDispersion 4 is 208/1/60 electrical)-60 electrical (Except H-3-switch, integral drain tempering, 4601 safety -10 VDC input signal by others, high limit humidistat, airflow proving switch, NEMA-interoperability, 0enclosure, modulating control type, BACnet Generation includes: Electrode XTP humidifier with standard indoor 6 weeks plus transit-Current Lead time is 4 1,2,3,4-DRISTEEM ELECTRODE HUMIDIFIER & DISPERSION (QTY 4), TAG: H ***FOR ROCHESTER ART CENTER *** 1,2,3,4-H Art Center -Humidifier DriSteem 414 Tag ModelQty Item # Group conditions/-https://www.mmsus.com/terms 5 of 2 Page 2022Thursday, December 29, 9907-759-612 -MMS Contact: Riley Bredesen 130 $95,098 Total Net Price (Group 9) not listed above. , spare parts, extended or labor warranty, accessories not listed above, anything Not Including: Startup, installation blow down valveAir & Dirt Separator Includes: 12" Size Air & Dirt Separator with removable head, flanged connections, sight glass, Includes: GNLA 2500 Replaceable Bladder Expansion Tank (660 Gallon Acceptance Volume)Expansion Tank Lead Time is estimated at 20 Weeks plus transit 1-3, ADS-GRUNDFOS EXPANSION TANK & AIR/DIRT SEPARATOR (QTY 2 ITEMS), TAGS: ET 1-3, ADS-ETGrundfos Expansion Tank & Air/DirtSeparator 229 Tag ModelQty Item # Group piping accessories not listed, Anything not listed above. Scheduled / Not required per manufacturers install recommendation), inertia bases, pump stands or mounts not listed, y valve, variable speed drives, vibration isolation (Not Not Including: Extended or labor warranty, triple dut 1 SYSTEM PRESSURE RELIEF VALVE IS INCLUDED (QTY 1)-PRV Suction Diffuser, flex connectors, Startup Included60 electrical, shaft grounding ring, -3-OSHA approved guard, standard manufacturers paint, 460carbon ceramic seal, cast iron construction, ODP Motor enclosure, SS impeller, tin bronze wear ring, steel pump shaft, bronze sleeve, 1,2,3 Include: QTY (3) Vertical Inline close coupled Pumps sized for 600 gpm at 20' head, VL Model, 30% EG, -BP included ring, suction diffuser, flex connectors, concentric reducers, Startup60 electrical, shaft grounding -3-ceramic seal, OSHA approved guard, Steel base,standard manufacturers paint, 460S Impeller, tin bronze wear ring, steel pump shaft, bronze sleeve, carbon construction, ODP Motor enclosure, S1,2,3 Include: QTY (3) Base Mounted Pumps sized for 800 gpm at 150' head, LF Model, 30% EG, cast iron -HWP 14 weeks plus transit-Estimated pump lead time is currently 12 1,2,3-1,2,3, HWP-GRUNDFOS PUMPS (QTY 6), TAGS: BP1,2,3-1,2,3, HWP-BPGrundfos Pumps 619 Tag ModelQty Item # Group Not Including: Spare parts, Extended or labor warranty, startup, installation, anything not listed above. BV1023)e, 5 gallon pipe package (includes valves, unions & 5 gallon filter unit rated at 250°f (121°c) max operating temperatur 1000AL Pot Feeder (5 gallon feeder, ¾” NPT fittings, AL105 leg set included, 200 psi), -Including: QTY (1) Model FA Lead Time is currently at 2 weeks plus transit 1-FEEDER (QTY 1), TAG: PFVECTOR INDUSTRIES POT 1-PF Vector Industries Pot Feeder 119 Tag ModelQty Item # Group $26,892 Total Net Price (Group 8) if owner wants bypass on VFD's. Add in group # 6 & 7 to get total cost for VFD's with bypass Cost add VFD's Cost add if VFD's need to have internal bypass with them 1018 Tag ModelQty Item # Group conditions/-https://www.mmsus.com/terms 5 of 3 Page 2022Thursday, December 29, 9907-759-612 -MMS Contact: Riley Bredesen 131 $16,399 Total Net Price (Group 13) 20 MA, 30% Glycol, 150# Flange, BTU Meter-including: 316 LL SS material, RS485/Modbus, 4 8 weeks + transit-time is 6-Lead 10 IN and 12 IN -Qty (2) Flow Meters Center)1,2 (Civic -FMSpire Flow Meter 21 13 Tag ModelQty Item # Group $3,527 Total Net Price (Group 12) Not Including: Startup, extended or labor warranty, spare parts, vibration isolation, anything not listed above. electrical, 2 row coil, field installed thermostatdischarge louvers, 120/1/60 190/238 Hydronic Unit Heater, 2 speed prop fan, fan guard, -Including: QTY (1) WS Lead Time is estimated at 2 weeks plus transit 1-REZNOR HYDRONIC UNIT HEATER (QTY 1), TAG: UH1-UH Reznor Hydronic Unit Heater 11 12 Tag ModelQty Item # Group $11,732 Total Net Price (Group 11) up, Installation, and/or Controls, extended or labor warranty, AHU framing / mounting, -Not Including: Start up or 18 months from shipment-1 year from start -• Standard Parts Only Warranty WARRANTY • 0.008 inch thick aluminum fins • Heavy gauge galvanized steel casing Estimated lead time is 7 weeks plus transit 17)-16, HC-S-CIVIC CENTER (QTY 4 COILS FOR TAGS: HC -AEROFIN HEATING COILS17-16, HC-S-HC Civic Center -Hot Water Coils Aerofin 41 11 Tag ModelQty Item # Group $25,909 Total Net Price (Group 10) Not Including: startup, installation, extended or labor warranty, anything not listed above. technologyBlock 2 has (1) coil, Hot Water coil equipped with Cooney Freeze-1 has (2) Coils, Tag HC-Including: Tag HC 10 weeks plus transit-Current Lead time is estimated at 8 1,2 -COONEY HYDRONIC HEATING COILS (QTY 3 COILS), TAGS: HC COONEY COILS ARE BASIS OF DESIGN ******** 1,2-HC Art Center -Cooney Hydronic Heating Coils 31 10 Tag ModelQty Item # Group conditions/-https://www.mmsus.com/terms 5 of 4 Page 2022Thursday, December 29, 9907-759-612 -MMS Contact: Riley Bredesen 132 Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY ___________________________________ ._APPROVED THIS _____ DAY OF ______________________, 202 CITY CLERK ATTEST: __________________________ PRESIDENT OF SAID COMMON COUNCIL ___________________________________ ._ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 202 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF riley.bredesen@mmsus.comEmail: 9907-759-2039 / Mobile: 612-525-Direct: 952 -Riley Bredesen Midwest Mechanical Solutions Sincerely, $174,400.00- of natural gas & fuel oilinstead Deduct to go to NG only boilers $814,084.13 Grand Total $10,274 Total Net Price (Group 14) Glycol, 150# Flange, BTU Meter20 MA, 30% -including: 316 LL SS material, RS485/Modbus, 4 8 weeks + transit-time is 6-Lead 4 IN and 6 IN -Qty (2) Flow Meters 2-AC-1, FM-AC-FMSpire Flow Meter 11 14 Tag ModelQty Item # Group conditions/-https://www.mmsus.com/terms 5 of 5 Page 2022Thursday, December 29, 9907-759-612 -MMS Contact: Riley Bredesen RESOLUTION133shall be deemed to have abandonedthe same.after the contract is ready for their signature, and if not executed by them in said time, they BE IT FURTHER RESOLVED that the bidder shall execute all contracts within ten days lowest bidder, which shall be retaineduntil the contract has been executed; anddeposits made with their bids, except the deposits of the successful bidder and the next BE IT FURTHER RESOLVED that the City Clerk is directed to return to all bidders the MCC/ART -Project No. J1037;andthe following approved local improvements: 2022 Downtown Energy Building Transition –City contract for construction with Kraus-Anderson Construction Company, is authorized for Minnesota,thatthebidof$2,660,600.00 isherebyacceptedandexecutionofthestandard NOW,THEREFORE,BEITRESOLVEDbytheCommonCounciloftheCityofRochester, responsive and responsible bidder.WHEREAS, it appears that Kraus-Anderson Construction Company is the lowest ; and$2,863,000.00 $2,823,000.00 Knutson Construction$2,669,600.00 $2,623,000.00 Kraus-AndersonTotal AmountBase Bid were received complying with theadvertisement:D owntown Energy Building Transition –MCC/ART-Project No. J1037,the following bids WHEREAS, pursuant to an advertisement for bids for the following improvement(s):2022 Energy Building Transition –MCC/ART-Project No.J1037.Authorizing a Contract with Kraus-Anderson Constructionfor the 2022 Downtown PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF134Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMONCOUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023 RESOLUTION135Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF to have abandoned the same.contract is ready for their signature, and if not executed by them in said time, they shall be deemed BE IT FURTHER RESOLVED that the bidder shall execute allcontracts within ten days after the which shall be retained until the contract has been executed; andmade with their bids, except the deposits of the successful bidder and the next lowest bidder, BE IT FURTHER RESOLVED that the City Clerk is directed to return to all bidders the deposits Transition MCC/Art –Project No. J1037;andauthorized for the following approved local improvements: 2022 Downtown Energy Building contract for procurement of sales tax exempt materials with Midwest Mechanical Solutions, is Minnesota,thatthebidof$814,084.13 isherebyacceptedandexecutionofthestandard City NOW,THEREFORE,BEITRESOLVEDbytheCommonCounciloftheCityofRochester, WHEREAS, the competitive bid was obtain through a cooperative purchasing agreement.$814,084.13; andMidwest Mechanical Solutionsreceived complying with theadvertisement:Downtown Energy Building Transition MCC/Art –Project No. J1037,the following bids were WHEREAS, pursuant to an advertisement for bids for the following improvement(s):2022 related tothe 2022 Downtown Energy Building TransitionMCC/Art–Project No. J1037.Authorizing a Contract with Midwest Mechanical Solutions forSales Tax Exempt Materials M 136.snoitacilppa?erawtfos?dna?sloot?SIG?gnisu?detelpmoc?lla?erewseiradnuob?draw?licnuoc?detadpu?eht?otni?tnew?taht?sisylana?dna?gnirehtag?atad?ehT?.atad?kcolb?susnecdezilitu?taht?troffe?gnitcirtsid er?eht?saw?raey?tsap?eht?ni?siht?fo?elpmaxe?nA?.ytiC?eht?ssorca?seitinummoctnereffid?no?stcapmi?eht?dnatsrednu?retteb?ot?desu?eb?nac?taht?loot?luftcapmi?na?si?erawtfos?IRSE?ehT:tcapmI?IED?&?snoitared isnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.gniteem?draob,2202?,02?rebmeceD?rieht?ta?erahs?tsoc?UPR?dna?tnemeerga?eht?d evorppa?draoB?UPR?ehT?.057,531$fo?skroW?cilbuP?ot?tsoc?tekcop-fo-tuo?raey-eerht?a?ni?gnitluser?,)UPR(?seitilitU?cilbuP?retsehcoRyb?desrubmier?si?,771,951$?,esnecil?eht?fo?noitrop?A?.3202?,9?yraurbeF? no?eripxe?lliw?esnecil?tnerruc?ehT.cilbup?eht?ot?elbaliava?edam?dna?tnemtraped?ehtnihtiw?desu?secivres?desab-bew?yna?rof?mroftalp?yramirp?eht?si?dna?skroW?cilbuP?yb?desu?sloot?yrotnevnitessa?eht?fo?l la?rof?mroftalp?eht?si?sihT?.sisab?yliad?a?no?sesu?rehto?fo?yteirav?a?gnoma?,sesoprupgnitnuocca?rof?stessa?erutcurtsarfni?ruo?kcart?dna?,setamitse?tnemevorpmi?erutcurtsarfni?edivorp,margorp?ecnanetni am?rewes?mrots?dna?yratinas?,margorp?gnittimrep?ytilitu?,margorp?tnemevorpmiklawedis?,margorp?tnemeganam?retawmrots?ruo?troppus?stcudorp?esehT?.snoisivid?lla?ssorcasetammaet?troppus?ot?snoitacilppa?e rawtfos?elbitapmoc?fo?yteirav?a?rof?SIGcrA?sesu?osla?skroW?cilbuP?.secived?elibom?no?demusnoceb?nac?taht?snoitacilppa?bew?SIG?evres?ot?desu?si?esirpretnE?SIGcrA?dna?,spotpal?,sCP?ksed?no?desusi?erawt fos?ehT?.8002?ecnis?stcudorp?erawtfos?SIG?eroc?ruo?fo?tsom?rof?)AEGS(?tnemeergA?esirpretnEtnemnrevoG?llamS?ediw-ytiC?a?dedivorp?sah?)IRSE(?.cnI?,etutitsnI?hcraeseR?smetsyS?latnemnorivnE:evitarraN?tro peR?.erawtfos?)SIG(?smetsySnoitamrofnI?cihpargoeG?rof?sraey?eerht?revo?057,531$?fo?tnuoma?eht?ni?laweneR?tnemeergA?esirpretnEtnemnrevoG?llamS?ediw-ytiC?eht?ot?noitubirtnoc?gnirahs-tsoc?tnemtrapeD?skr oW?cilbuP?eht?gnivorppA:detseuqeR?noitcA???51.F?laweneRtnemeergA?esirpretnE?tnemnrevoG?llamS?ediw-ytiC?.cnI?,etutitsnI?hcraeseR?smetsyS?latnemnorivnE NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERPadn egA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO3202?,9?yraunaJ:ETAD?GNITEE P 137)desoporP(?gnirahS?tsoC?tnemeergA?esneciL?esirpretnE?tnemnrevoG?llamS?IRSE?-?tibihxElaweneResirpretnE?tnemnrevoG?llamS?ediw-ytiC?.cnI?,etutitsnI?hcraeseR?smetsyS?latnemnorivnE?-?tnemeergA:stnemh cattA iksvorbmoD?nolliD:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tsoc?erawtfos?siht?rof?yllaunna?stegdub?hcihw?,dnuF?gnivloveR?ygolonhceTnoitamrofnI?skroW?c ilbuP?eht?morf?emoc?lliw?sraey?eerht?revo?057,531$?fo?erahs?tsoc?skroW?cilbuP?ehT:tcapmI?ecruoseR?&?lacsiF.devorppA?laweneR?tnemeergAesirpretnE?tnemnrevoG?llamS?ediw-ytiC?IRSE?6202-3202??-?draoB?ytil itU?cilbuP?:2202?,02?rebmeceD:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roir Esri Use Only:138 10782411811 *Additional sets of backup media may be purchased for a fee facilities purchased outside this Agreementled training classes at Esri -Five percent (5%) discount on all individual commercially available instructor 2 requested*Maximum number of sets of backup media, if 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Number of Esri User Conference registrations provided annually OTHER BENEFITS 5 ArcGIS Trace Network User Type Extensions (Enterprise) 5 ArcGIS Utility Network User Type Extensions (Enterprise) Extensions (Enterprise)5 ArcGIS Parcel Fabric User Type for ArcGIS Online ArcGIS Tracker100 for ArcGIS Enterprise ArcGIS Tracker100 ArcGIS Insights7 in ArcGIS Enterprise ArcGIS Insights7 500 ArcGIS Enterprise Creators 0 ArcGIS Online Service Credits62,50 500 ArcGIS Online Creators 500 ArcGIS Online Viewers Single Use Licenses ArcGIS CityEngineTwo (2) One (1) Professional subscription to ArcGIS Developer Limited Quantities ArcGIS Runtime Analysis Extension ArcGIS Runtime (Standard) rcGIS SchematicsArcGIS Network Analyst, ASpatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS 3D Analyst, ArcGIS ArcGIS Engine Extensions: ArcGIS Engine ArcGIS Image Server ServersAdditional Capability Enterprise Workflow ManagerSchematics, ArcGIS ArcGIS Network Analyst, ArcGIS ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Monitor (Advanced and Standard) ArcGIS Enterprise and Workgroup Enterprise Software and Extensions ReviewerSchematics, ArcGIS Workflow Manager, ArcGIS Data ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Desktop Basic ArcGIS Desktop Standard ancedArcGIS Desktop Adv (Single Use)Desktop Software and Extensions Uncapped Quantities List of Products Table A A. modifications and additional rights granted in this Agreement apply only to the Products listed in Tableprinciples, and the United States of America federal law shall govern in matters of intellectual property. The lawsconstrued in accordance with the laws of the state in which Customer is located without reference to conflict of the Master Agreement. This Agreement shall be governed by and this Agreement, and (iii) the ments shall be as follows: (i)documents that comprise this Agreement, the order of precedence for the docuthe Master Agreement. Should there be any conflict between the terms and conditions of the Quotation and (ii)the for Customer's use of Products and incorporates by reference (i) This Agreement sets forth the terms )."Esri"( Systems Research Institute, Inc.Environmental ) and "Customer"This Agreement is by and between the organization identified in the Quotation ( )4-(E214 GOVERNMENT MUNICIPALITY AND COUNTY AGREEMENT ENTERPRISE SMALL August 31, 2021 6of 1Page Esri Agreement # PO # Cust. # Cust. Name 139 General ManagerMark KotschevarMichael Spindler-Krage, City Attorney______________________________________Approve as to Form:Attest:Kelly K. Geistler, City Clerk_________________________________ _____Kim Norton, Mayor______________________________________CITY OF ROCHESTERROCHESTER PUBLIC UTILITIES Q-468007rmoore@rpu.org507-280-1648USARochester MN 559064000 East River Road NERyan Moore Quotation Number (if applicable): Country: mail:-E City, State, Postal Code: Fax: Address: Telephone: Contact: CUSTOMER CONTACT INFORMATION Date: Title: Printed Name: Authorized Signature )Customer( Accepted and Agreed: Product Updates, no modifications can be made to this Agreement.—4 Article arrangements between the parties relating to the licensing of the Products. Except as provided inThis Agreement supersedes any previous agreements, proposals, presentations, understandings, and Three (3) years Term of Agreement: ").Effective Date(" agreed to by the partiesOrdering Document, unless otherwise anThis Agreement is effective as of the date of Esri's receipt of GOVERN. WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL ORDER OR OTHER DOCUMENT PURCHASE CONFLICTING TERMS IN CUSTOMER'S ADDITIONAL OR Ordering Document Agreement ("other document that matches the Quotation and references this an (iii)purchase order, or a i)(i, attached uotationthe Q (i)Customer may accept this Agreement by signing and returning the whole Agreement with August 31, 2021 6of 2 140-Agreement with government or governmentFor an Termination for Lack of Funds. 3.4 notice to cure any material breach.the date of written days from will have thirtybreach by the other party. The breaching party may terminate this Agreement for a material Either party Termination for a Material Breach. 3.3 termination of this Agreement.registrations terminate upon expiration or erence Maintenance, and Esri User ConfAll Product licenses, all Termination.No Use upon Agreement Expiration or 3.2 indefinite or a perpetual license to Products.limited term, Esri does not grant Customer an Term of Agreement. For an Agreement with a ring the is only authorized to use Products duterminated earlier as provided herein. Customer Term of Agreement, unless this Agreement is and continue for the duration identified in the hereunder will commence on the Effective Date This Agreement and all licenses Term. 3.1 XPIRATION E AND ,ERMINATION T ,ERM T—3.0 Contractor servers for the benefit of Customer.ose of hosting the Software or Data on Data from Customer locations, except for the party computers or remove Software or -thirdSoftware or Data on consultant, contractor, or not permit its consultants or contractors to install Customer may Customer's benefit is prohibited. exclusively for consultants or contractors not Access to or use of Products by Customer.use of Products upon completion of work for the consultant or contractor discontinues contractors with this Agreement and will ensure sponsible for compliance by consultants and reCustomer's benefit. Customer will be solely contractors to use the Products exclusively for right to permit Customer's consultants or Customer the Esri grants Consultant Access. 2.2 accordance with the Master Agreement.in r the applicable Fee and (ii)fo Agreement (i)List of Products for the Term of —A TableDeploy quantities of the Products listed in nontransferable license solely to use, copy, and Customer a personal, nonexclusive, conditions of this Agreement, Esri grants to Subject to the terms and Grant of License. 2.1 ICENSE L RANT OF G DDITIONAL A—2.0 1 Support. cannot be resolved through Tier1 Help Desk when a Case provided to the Tiermeans the Esri Technical Support 2 Support" "Tier 1 Help Desk. provided by the Tiermeans the Technical Support 1 Support" "Tier s organization(s).Customer'1 Support within contact(s) to provide all Tiermeans Customer's point of 1 Help Desk" "Tier type of Product corrections or modifications.workarounds, replacement deliveries, or any other Case through error correction, patches, hot fixes, orted assistance for attempting resolution of a repmeans the technical "Technical Support" provided separately to Customer.means the offer letter and quotation "Quotation" Esri provides in writing.List of Products and any updates to the list —A Tablefied in means the products identi "Product(s)" master agreement.supersedes such electronically acknowledged master agreement or license agreement that a signed Esri electronic acknowledgment or (ii)the installation process requiring acceptance by d available in an agreement-master-us/legal/t erms/full-https://www.esri.com/enfound at reference that is (i)agreement for Esri Products incorporated by this means the applicable master eement""Master Agr during the Term of Agreement.updates, and Product patches provided to Customer 2 Support, Product means Tier"Maintenance" means the fee set forth in the Quotation. "Fee" organization(s).Authorization Codes within Customer's ts and related redistribute and install the Producmean to "Deployment" "Deploy", "Deployed" and or functional performance.where such failure substantially impacts operational Services to operate according to the Documentation means a failure of the Software or Online "Case" Agreement:Agreement, the following definitions apply to this In addition to the definitions provided in the Master EFINITIONS D DDITIONAL A—1.0 August 31, 2021 6of 3 141 answers to additional questions to information, additional information, or Desk individuals provide verification of 1 Help 2 Support may request that Tier 3. 2 Support is required. Desk when Tier1 Help troubleshooting provided by the TierHelp Desk including preliminary documented 1 collected by and received from the Tier2 Support will review all information 2. 1 Help Desk. from Tier2 Support will log the calls received 1. 2 Support b. Esri.Help Desk individuals by written notice to 1 Support. Customer may change the Tier2 individuals authorized to contact Tieresk individuals are the only 1 Help D 6. Customer’s organization.solutions to problems available to a way as to minimize repeat calls and make 1 Help Desk will provide support in such 2 Support. The individual may contact Tier1 Help Desk Case, an authorized Tiersolve the 1 Help Desk cannot re If the Tier 5. code samples, or data involved in the Case.may include obtaining any customizations, system configuration from the user. This description of each reported Case and the 1 Help Desk will obtain a full Case. The Tierof contact for all questions and reporting o1 Help Desk will be the initial point The Tier 4. troubleshooting procedures.as well as questions on installation and to and operational questions -resolving howthose activities that assist the user in include 1 Support will At a minimum, Tier 3. the Products.1 Help Desk will be fully trained in The Tier 2. Customer's authorized users.1 Help Desk to all through the Tier1 Support Customer will provide Tier 1. 1 Support a. e outside this Agreement.SoftwarCustomer may acquire maintenance for other than the defined Products will receive Maintenance. Software other updates available for download. No discretion, Esri may make patches, hot fixes, or t Esri's sole us/legal/terms/maintenance-sri.com/enhttps ://www.eSupport Program document (found at most current applicable Esri Maintenance and during the Term of Agreement as specified in the The Fee includes standard maintenance benefits AINTENANCE M—5.0 not be able to Deploy retired Products.Products already Deployed, but Customer will to use not be available. Customer may continue Products in the mature and retired phases may . Updates for cycle--resources/product-https://support.esri.com/en/otheran be found at which cStatus and Product Life Cycle Support Policy, to the individual Product Life Cycle Support identified quantities. Maintenance will be subject may no longer be available to Deploy in the Agreement, some Products may be retired or During the Term of Product Life Cycle. 4.2 Master Agreement.additional or revised terms and conditions in the requires Customer to adhere to applicable Customer's use of new or updated Products additional charge. the Products schedule at noCustomer via written notice for incorporation into the standard program, they will be offered to As new Products are incorporated into available. deleted items may not be forand upgrades cts that have been Deployed, but support ProduCustomer may continue to use all Customer. Products by providing written notice to List of —A update the list of Products in TableEsri reserves the right to Future Updates. 4.1 PDATES U RODUCT P—4.0 after the expiration date of this Agreement.e day on agreement will be th-date of the followAgreement for an additional term, the effective another agreement substantially similar to this If the parties enter into on Term. -Follow 3.5 process.the legislative or governing body's approval funding through Customer is unable to secureAgreement before any subsequent year if owned entities, either party may terminate this August 31, 2021 6of 4 142 Applicable annual payment due (3) Order number (2) to addresses-to and ship-known; and billsri customer number, if Customer name; E (1) each Ordering Document:The following information will be included in b. of contact.processed through Customer's centralized point All orders pertaining to this Agreement will be a. year.before the annual anniversary date for each (30) calendar days orders to Esri at least thirtyCustomer will submit subsequent purchase year Agreement, -Effective Date. If this is a multiwill submit its initial purchase order on the Customer issues a purchase order, Customer ements, provided that if its own process requirmay submit a purchase order in accordance with Customer to issue a purchase order. Customer Esri does not require Order Requirements. 8.2 of tangible media.such sales or use tax associated with the receipt and Customer will pay any has a right to invoice result of any shipments of tangible media, Esri should sales or use taxes become due as a charges prepaid. Customer acknowledges that Document, FOB Destination, with shipping to address identified on the Ordering -p media to the If requested, Esri will ship backu .d --Esri's federal ID number is 95 c. due balance.-the pastdays after Esri has notified Customer of tenfor any overdue balance that remains unpaid any overdue fees plus all expenses of collection law on maximum rate permitted by applicable lesser of one percent (1.0%) per month or the Customer interest at a monthly rate equal to the owed on or before its due date. Esri may charge Customer fails to pay any undisputed amount ccess to and use of Products if Customer's aEsri reserves the right to suspend invoice. (30) calendar days from the date of within thirtyUndisputed invoices will be due and payable b. annual anniversary date for each year.before the up to thirty (30) calendar days may invoice the year Agreement, Esri -is a multioperate, or allow access to the Products. If this program that enables Customer to download, activate the nondestructive copy protection Customer and provide Authorization Codes to Upon the Effective Date, Esri will invoice a. Orders, Delivery, and Deployment 8.1 EPLOYMENT D AND ,ELIVERY D ,ROCEDURES P DMINISTRATIVE A ,RDERING O—8.0 the accuracy of the annual report.ovide records sufficient to verify Customer will prdetailing all Deployments. Upon request, Customer will provide Esri with a written report prior to the expiration of this Agreement, (90) calendar days anniversary date and ninetyAt each Annual Report of Deployments. 7.2 service.tion or services from the OEM partners' applicaCustomer will not decouple Esri products or availability of Products under this Agreement. from the OEM partner or Esri based on the Customer will not seek any discount Agreement. and pricing are independent of this conditions, termspartners' business model, licensing services with their application or service. OEM embed or bundle portions of Esri products and OEM programs, OEM partners are authorized to Under Esri's OEM or Solution OEM Licenses. 7.1 EQUIREMENTS R DMINISTRATIVE A—7.0 the existence of this Agreement.endorsement of Products. Either party may publicize as an exclusive dealings agreement or Customer's This Agreement will not be construed or interpreted UBLICITY P NDORSEMENT AND E—6.0 disseminate the resolution to the user(s).1 Help Desk will Help Desk, and Tier1 will communicate the information to Tier2 Support When the Case is resolved, Tier 5. 1 Help Desk. Case submitted by Tier2 Support will attempt to resolve the 4. k.1 Help Des gathering or troubleshooting performed by supplement any preliminary information August 31, 2021 6of 5 143 terminate upon such Ownership Change.destroy the Products. This Agreement will successor entity to uninstall, remove, and approved, Customer will require any notadvance. If the assignment to the new entity is Change unless approved by Esri in writing in successor entity as a result of an Ownership This Agreement may not be assigned to a 9.3 and destroy all copies of the Products.ustomer or uninstall, remove, the Products to Cportion of Customer's organization will transfer sale of a portion of Customer's organization, that If an Ownership Change results in transfer or 9.2 and the parties will negotiate a new agreement.ase the Fee or terminate this Agreement to increlevel for this Agreement, Esri reserves the right cumulative program count beyond the maximum If an Ownership Change increases the 9.1 Change.no decrease in Fee as a result of any Ownership "). There will be Ownership Change referred to as "ively i, ii, and iii, collect organization (subsectionstransfer or sale of all or part of Customer's a Customer's acquisition of another entity; or (iii) with or into another corporation or entity; consolidation, merger, or reorganization of Customer a (i)notify Esri in writing in the event of If Customer is a commercial entity, Customer will IVESTITURES D R O ,CQUISITIONS A ,ERGERS M—9.0 August 31, 2021 6of 6 Description 144 2023-2025 ESRI Small Government Enterprise License Agreement Cost Sharing (Proposed)$294,927.003 Year Term Total$98,309.00Yearly Total$45,250.00Total Public Works$26,529.50Total Electric Utility$26,529.50Total Water Utility2023-2025 Yearly ESRI Software Costs by Department$26,529.50$26,529.50$45,250.00Totals$98,309.003$484.00$1,452.0050.0%50.0%0.0%$726.00$726.00$0.00ESRI Site Scan for ArcGIS AccessESRI Site Scan for ArcGIS Operator1$4,837.00$4,837.0050.0%50.0%0.0%$2,418.50$2,418.50$0.004$300.00$1,200.0050.0%50.0%0.0%$600.00$600.00$0.00 ArcGIS Image Analyst for ArcGIS Pro Online Annual Subscription 4$80.00$320.0050.0%50.0%0.0%$160.00$160.00$0.00 ArcGIS Business Analyst Web App Standard Online Term License 1$8,000.00$8,000.0025.0%25.0%50.0%$2,00 0.00$2,000.00$4,000.00 ArcGIS GeoEvent Server Populations of 100,001 to 125,000 1$82,500.00$82,500.0025.0%25.0%50.0%$20,625.00$20,625.00$41,250.00Enterprise License AgreementPopulations of 100,001 to 125,000 Small Government Term Total Public WorksTotal Electric UtilityTotal Water UtilityPublic Works PercentageElectric Percentage Water PercentageTotal CostUnit MaintenanceQty M 145.etar?s’nosaes?tnerruc?eht?ta?ssap?launna?nosaes?flog?txen?eht?esahcrupot?sreflog?swolla?hcihw?laiceps?”drib?ylrae“?launna?eht?dnepsus?,3202?,1?yraunaJ?gninnigeB?.6?.margorp?flog?eht?ot?eunever? flog?launna?ni?sniag?ten?etacolla?ot?ecnaniFdna?noitartsinimdA?ytiC?htiw?serudecorp?etanidrooc?ot?maeT?noitaerceR?dna?skraP?eht?tceriD?.5.snoitarepo?dna?stnemevorpmi?esruoc?flog?ot?detcerideb?lliw?sd nuF?.yllaunna?eunitnoc?lliw?tseuqer?sihT?.ssecorp?tegdub?4202?eht?gnirud?yvel?xatmorf?000,052$?rof?licnuoC?ytiC?ot?tseuqer?a?etanidrooc?ot?maeT?noitaerceR?dna?skraP?eht?tceriD?.4.sisab?launna?na?no?d raoB?kraPeht?yb?devorppa?eb?lliw?)lasoporp?eht?ni?deniltuo?sa(?dnoyeb?dna?4202?rof?seludehcs?eeF?.3202?rofmaet?pihsredael?noitartsinimdA?ytiC/noitaerceR?dna?skraP?eht?yb?desoporp?eludehcs?eef?eht?tpo dA?.3.snoitarepoot?detcerid?eb?ot?000,001$?,stcejorP?tnemevorpmI?latipaC?ot?detcerid?eb?ot?000,004$?.euneverten?ni?000,005$?fo?latot?a?eveihca?ot?stseuqer?yvel?xat?launna?dna?seef?flog?ni?segnahc?tne melpmI?.2.keerC?yeldaH?dna?,slliH?nrehtroN,dleiF?sreidloS?,doowtsaE?:sesruoc?flog?lapicinum?fo?tnemelpmoc?gnitsixe?eht?etarepo?ot?eunitnoC?.1?:gniwollofeht?sdnemmocer?draoB?kraP?ehT?.licnuoC?fo?noitc erid?eht?rednu?si?lavorppa?lanif?,noituloseR?eht?nideniltuo?sA?.22-240?noituloseR?licnuoC?ot?esnopser?ni?si?noitadnemmocer?draoB?kraP?ehT?.seitilicaf?dnasesruoc?flog?eht?ta?stnemevorpmi?dedeen?etatil icaf?dna?ytilibats?laicnanif?edivorp?ot?dengised?snoitarepodna?gnimmargorp?flog?ni?segnahc?devorppa?draoB?eht?,gniteeM?draoB?kraP?,2202?,1?rebmevoN?eht?tA?.redisnoc?ot?licnuoC?rof?noitadnemmocera?dev orppa?yltnecer?draoB?kraP?ehT?.margorp?eht?gnitsujda?ro?gniniatsus?rof?snoitpo?lareves?redisnocot?draoB?kraP?eht?detcerid?licnuoC?,sgnidnif?eht?fo?weiver?eht?gniwolloF?.2202?yraunaJ?draoB?kraPeht?dna ?licnuoC?ytiC?ot?detneserp?dna?1202?ni?)FGN(?noitadnuoF?floG?lanoitaN?eht?yb?detcudnoc?sawyduts?A?.9102?lirpA?ni?licnuoC?yb?detaitini?saw?margorp?flog?lapicinum?retsehcoR?fo?ytiC?eht?fo?weiver?A:evit arraN?tropeR?.margorp?flog?lapicinum?eht?niatsusot?troppus?yvel?xat?tnetsisnoc?dna?segnahc?eef?rof?draoB?kraP?eht?morf?noitadnemmocer?eht?gnitpeccA:detseuqeR?noitcA???61.FmargorPfloG?lapicinuM?:noita dnemmoceR?draoB?kraP NOITCA?ROF?TSEUQER namdiW?luaP:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAnoitaerceR?&?skraP:TPED?GNITANIGIRO3202?,9?yraunaJ:ETAD?GNITEE 7 146?)yevrus?enohp?tnacifingis?yllacitsitats(?yevruS?namrehtaeL?sirroM?:2202?rebmetpeS-tsuguAsyevrus?OCLOP?:2202?rebmetpeS-yluJ?gniraeH?cilbuP?draoB?kraP?:2202?rebmetpeSsesruoCfloG?keerC?yeldaH?dna? dleiF?sreidloS?,doowtsaE?,slliH?nrehtroN?ta?stneve?esuoh?nepO?:2202?rebmetpeStroper?noitadnuoF?floG?lanoitaN?:2202?yraurbeF-yraunaJfloG?lapicinuM?fo?weiver?a?tcudnoc?ot?noitcerid?licnuoC?dna?draoB?kr aP?:9102?yaM:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP?.noitapicitrap?ot?sreirrab?ecuder?ot?elbaliavaedam?eb?ot?eunitnoc?lliw?stnuocsiD?.sredael?dna?sehcaoc?eht?fo?stroffe?hcaertuo?lareves?hgu orhtytisrevid?ni?desaercni?sah?margorp?eeT?tsriF?ehT?.trops?eht?ni?tseretni?evah?ohw?lla?rof?noitpo?gnimoclewdna?elbadroffa?na?sedivorp?margorp?s'retsehcoR?,yrtnuoc?eht?tuohguorht?smargorp?flog?lapic inum?htiw?sA???.esuohbulC?doowtsaE?gniga?eht?dna?esruoC?floG?slliH?nrehtroN?ot?daor?yrtneeht?era?desserdda?eb?ot?deen?taht?stcejorp?latipac?ytiroirp?tsehgih?ehT?.seussi?ecnanetniam?derrefedsuoremun?s serdda?ot?htap?a?edivorp?lliw?yvel?xat?tnetsisnoc?dna?stnemtsujda?eef?fo?noitanibmoc?ehT??.tropeR?laicnaniF?evisneherpmoC?launnA?1202?eht?ni?deton?erew?taht?spag?laicnanif?eht?esolc?lliw?draoBkraP?eh t?morf?snoitadnemmocer?eht?,detpecca?fI?.ecnalab?dnuf?noitaerceR?dna?skraP?eht?detcapmiylevitagen?sah?hcihw?ssol?a?ta?detarepo?sah?flog?,snosaes?1202?dna?0202?eht?fo?noitpecxe?eht?htiW:tcapmI?IED?&?s noitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP?.%02?otpu?fo?stnuocsid?eef?yliad?dna?ssap?ezirohtua?ot?noitaerceR?d na?skraP?fo?rotceriD?eht?detnarg?sah?draoBkraP?ehT?.stnediser?emocni?wol?rof?dedeen?sa?elbaliava?edam?eb?lliw?noitapicitrap?flog?rof?stnuocsiD??.sseccusdeunitnoc?troppus?ot?segnahc?margorp?dna?gnidnu f?dnemmocer?lliw?dna?sisab?launna?na?no?ecnamrofrepeeT?tsriF?weiver?lliw?draoB?kraP?ehT?.sreflog?lacol?morf?troppus?dnik-ni?dna?snoitanod?hguorht?dnanoitazinagro?eeT?tsiF?lanoitan?eht?htiw?pihsrentra p?a?hguorht?detatilicaf?neeb?sah?sihT?.seilimaf?dna?htuoyemocni?rewol?ot?tuo?gnihcaer?ni?sseccus?dah?evah?maet?noitaerceR?dna?skraP?ehT?.stnapicitrap?htuoyrof?eef?elbadroffa?na?ta?dereffo?eb?ot?eunit noc?lliw?margorp?eeT?tsriF?ehT?.licnuoC?ytiC?morf?kcabdeefeht?desserdda?maeT?noitaerceR?dna?skraP?eht?,noisseS?ydutS?,2202?,82?rebmevoN?eht?gniwolloF??.ssecorp?gninnalp?tegdub?4202?eht?fo?trap?sa?det seuqer?eb?lliw?troppus?yvel?xat?ni?segnahc?ehT?.draoB?kraP?eht?yb?detaitini?gniraehcilbup?a?dna?,sesruoc?flog?eht?ta?snoisses?noitamrofni?,yevrus?siht?fo?noisrev?ni-tpo?na?,sreflog-nondna?sreflog?fo? yevrus?dilav?yllacitsitats?a?dedulcni?sihT?.ytinummoc?flog?eht?htiw?seitivitca?tnemegagnefo?seires?a?retfa?draoB?kraP?eht?yb?devorppa?erew?seigetarts?gnidnuf?dna?stnemtsujda?lanoitarepo?esehT?.gnitek ram?devorpmi?dna?,gnisahcrup?dna?snoitavreserenilno?,margorp?elas-fo-tniop?eht?ni?stnemevorpmi?,seitilicaf?dna?sesruoc?devorpmi?:tropernoitadnuoF?floG?lanoitaN?1202?eht?ni?deniltuo?sa?ytinummoc?flog? retsehcoR?eht?yb?dednemmocerstnemevorpmi?lanoitarepo?dna?latipac?eusrup?ot?maeT?noitaerceR?dna?skraP?eht?tceriD?. F 147 2202?rebmeceD?licnuoC?-?noitatneserP?noitadnemmoceR?floG22-240?noituloseR?licnuoC?-?noitadnemmoceR?draoB?kraP?floGstnemtsujdA?eeF?resU?desoporP?-?noitadnemmoceR?draoB?kraP?floG:stnemhcattA namdiW?luaP:yB?deraperP?.emitrevo?dedeen?sa?snoitcuder?ecneirepxe-resu?dna?ecivreshtob?yfitnedi?dna?gnidnuf?fo?level?tnerruc?eht?htiw?sesruoc?fo?tnemelpmoc?gnitsixe?eht?niatniaM?.3.hcae?gninoitisope r?ro?gniniatniam?htiw?detaicossa?tcapmi?laicnanif?mret-gnol?eht?ssessA?.c.hcae?rof?sesu?erutuf?level-hgih?yfitnedI?.b.hcae?gninoitisoper?htiw?detaicossa?segnellahc?dna?seitinutroppo?eht?etaulavE?.adn a?,esruoc?a?gninoitisoper?yb?metsyS?floG?lapicinuM?retsehcoR?eht?ezimitpO?.2?.metsys?devorpmi?na?ni?tnemtsevni?wen??fo?eulav?eht?evreserpretteb?dna?sesruoc?fo?tnemelpmoc?eht?niatniam?ot?)stnemecnahne ?level?ecivres?rehto?,gnitekram,gniffats?ecnanetniam?.g.e(?dedeen?snoitarepo?lanoitidda?fo?tsoc?eht?sa?llew?sa?,troppus?gnitarepolaunna?fo?level?etairporppa?eht?dna?stcejorP?tnemevorpmI?latipaC?eht?t roppus?ot?raey?rep?005,227$dednemmocer?eht?dnuf?ot?ygetarts?a?poleved?dna?sesruoc?fo?tnemelpmoc?gnitsixe?niatniaM?.1??.seitivitca?tnemegagne?ytinummoc?gnirud?stnediser?morf?deciovsnoitadnemmocer?eht? tcelfer?ton?od?tub?deredisnoc?eb?dluoc?snoitpo?rehto?ehT?.000,005$?ot?tnemtsevnilaunna?005,227$?morf?tnemtsujda?na?htiw?noitpo?tsrif?eht?si?)noitca?detseggus?eht(?noitadnemmocersdraoB?kraP?ehT?.margo rp?flog?elbats?yllaicnanif?a?edivorp?ot?snoitadnemmocer?laitini?eerht?eht?seniltuohcihw?22-240?noituloseR?licnuoC?htiw?tnetsisnoc?,niamer?snoitpo?eseht?,dednemmocer?ton?hguohtlA:)s(noitcA?evitanretlA ??.gninnalp?tegdub?5202-4202?ehtgnirud?detseuqer?eb?lliw?troppus?yvel?xat?ni?egnahc?eht?,licnuoC?yb?devorppa?si?margorp?flog?eht?niatsusot?lasoporp?eht?fI?.3202?rof?draoB?kraP?eht?yb?devorppa?neeb?ev ah?seef?flog?dna?lasoporp?flog?ehT??.tnuocca?PIC?noitcurtsnoCerutuF?floG?eht?ni?dleh?eb?lliw?seef?flog?morf?eunever?teN?.3202?rof?draoB?kraP?eht?yb?devorppa?erewtaht?sesaercni?eef?eht?morf?devired?eb ?ot?detcepxe?si?tnemtsevni?flog?launna?ni?000,052$?lanoitidda?nA?.eussi?siht?sserdda?ot?7102?ni?licnuoC?yb?esuohbulc?wen?a?rof?devorppadna?detacolla-er?erew?sdnuf?PIC?.tnemhcaorcne?dlom?ot?eud?gnilia f?saw?esuohbulc?ehT??.)esuohbulCslliH?nrehtroN?eht?ni?tnemtsevni?deludehcsnu?eht?ot?eud?nosirapmoc?siht?morf?detanimile?saw?PIC?9102(sraey?thgie?tsap?eht?ot?derapmoc?nehw?051,34$?fo?esaercni?launna?e gareva?na?stcelfer?)PIC(?stcejorPtnemevorpmI?latipaC?dna?gnitarepo?rof?000,052$?fo?gnidnuf?tnetsisnoC?.raey?rep?718,421$?ot?314,13$morf?degnar?sah?flog?rof?tnemtsevni?latipac?eht?,tcejorp?esuohbulC?s lliH?nrehtroN?eht?fo?noitpecxeeht?htiW?.sesruoc?lapicinum?ruof?eht?ta?snoitarepo?flog?troppus?ot?tegdub?gnitarepo?eht?ot?detacolla545,541$?fo?egareva?na?dah?sah?flog?sraey?thgie?tsap?eht?revO?.gnidnu f?PIC?dna?tegdub?gnitarepolanoitidart?evoba?esaercni?ten?a?eb?ot?dednetni?ton?si?troppus?yvel?xat?tnetsisnoc?ni?000,052$?ehT:tcapmI?ecruoseR?&?lacsi Annual Pass Fee Schedule 148 2027-2023ADJUSTMENTSFEE GOLFPROPOSED year.calculated at a 3% increase per Revenue projections are Programs and Misc Youth2021.-on average revenue 2017programs and “misc” are based Driving range, carts, youth 2021. -category 2017transactions in each pass and fee on average number of The projections shown are based requested from Tax Levy.additional $250,000 will be gain $250,000 in net profit. An achieved by raising user fees to ustainability is sFinancial$265,085$257,422$249,983$163,640$51,485+/- NET-$1,807,263-$1,754,625-$1,703,519-$1,653,90 2-$1,605,730 Projected Expense$2,072,349$2,012,047$1,953,502$1,817,542$1,657,215Total User Fee and Misc Revenue$304,917$296,036$287,414$279,042$265,632Total 76,77674,53972,36870,26168,214$66,227 Misc Revenue (3% increase each year)18,05617,53017,01916,52316,042$15,575 Youth Programs (3% increase each year)105,680102,60299,61496,71391,238$82,944$104,406$101,365$98,412$95,546$90,138$81,943$69 1,534$671,450$651,951$633,021$597,303 Total*Hadly Creek11010710410195 13$8.60$8.35$8.11$7.87$7.43$6.75 HC Patron 2nd 9 217211204198187 19$11.47$11.13$10.81$10.49$9.90$9.00 HC 2nd 9 hole 1,2981,2601,2241,1881,121 51$25.48$24.74$24.02$23.32$22.00$20.00 HC 18 hole 5,6745,5095,3495,1934,899 557$10.19$9.90$9.61$9.33$8.80$8.00 HC 9 Hole Jr 13,42713,03612,65612,28811,592 1,317$10.19$9.90$9.61$9.33$8.8 0$8.00 HC Patron 9 69,01567,00465,05363,15859,583 4,167$16.56$16.08$15.61$15.16$14.30$13.00 HC* 9 hole 464450437424400 44$10.51$10.21$9.91$9.62$9.08$8.25 2nd 9 Hole Patron Sr359348338328310 29$12.42$12.06$11.71$11.37$10.73$9.75 2nd 9 Hole Patron576559543527497 41$14.02$13.61$13.21$12.83$12.10$11.00 2nd 9 Hole Sr2,5582,4842,4122,3412,209 154$16.56$16.08$15.61$15.16$14.30$13.00 2nd 9 Hole15,30614,86014,42814,00713,215 572$26.76$25.98$25.22$24.49$23.10$21.00 18 Hole Patron Sr14,33113,91413,50813,11512,373 469$30.58$29.69$28.82$27.98$26.40$24.00 18 Hole Patron41,52840,31839,14438,00435,853 1,164$35.68$34.64$33.63$32.65$30.80$28.00 18 Hole Sr221,040214,602208 ,352202,283190,833 5,421$40.77$39.58$38.43$37.31$35.20$32.00 18 Hole25,68424,93624,20923,50422,174 1,581$16.25$15.77$15.31$14.87$14.03$12.7 5 9 Hole Sr Patron6,6696,4756,2866,1035,758 262$25.48$24.74$24.02$23.32$22.00$20.00 18 Hole Jr$7,939$7,707$7,483$7,265$6,854 623$12.74$12.37$12.01$11.66$11.00$10.00 9 Hole Jr20,45819,86219,28418,72217,662 1,127$18.16$17.63$17.11$16.62$15.68$14.25 9 Hole Patron63,23961,39759,60957,873 54,597 2,920$21.66$21.03$20.42$19.82$18.70$17.00 9 Hole Sr$179,615$174,384$169,304$164,373$155,069 7,420$24.21$23.50$22.82$22.15$20.90$19.0 0 9 Hole+3%+3%+3%+6%+10%2017-2021+3%+3%+3%+6%+10%Fee Daily Participation 20272026202520242023 Average # Transactions 202720262025202420232022Revenue ProjectionDaily Fee Schedule$1,075,898$1,044,561$1 ,014,137$905,479$794,280 Total 16,41115,93315,46913,81212,116 13$1,219$1,184$1,149$1,026$900$750 Young Adult Couple66,50564,56862,68755,97149,097 76$878$852$827$739$648$540 Young Adult171,465166,4711 61,622144,305126,584 103$1,666$1,618$1,570$1,402$1,230$1,025 Senior Couple287,446279,073270,945241,915212,206 254$1,130$1,097$1,065$951$834$695 Senior32,24831,30830,39727,14023,807 265$122$118$115$10 3$90$75 Patron31,83530,90830,00826,79323,502 109$293$284$276$246$216$180 Junior10,89110,57410,2669,1668,040 10$1,130$1,097$1,065$951$834$695 HC Family36,64735,57934,54330,84227,054 57$642$623$605$540 $474$395 HC Adult83,71881,28078,91270,45761,805 147$569$552$536$479$420$350 Futures57,72056,03954,40648,57742,611 30$1,942$1,886$1,831$1,635$1,434$1,195 Family70,52968,47566,48159,35852,068 40$1,780$1,728$1,678$1,498$1,314$1,095 Couple$210,483$204,352$198,400$177,143$155,389 163$1,292$1,255$1,218$1,088$954$795 Adult+3%+3%+12%+14%+20%2017-2021+3%+3%+12%+14%+20%Fee Pass Type 20272026202520242023Average # Passes Sold202720262025202420232022 Revenue Projection 149 150 151 PARKBOARD 152 November 21, 2022RECOMMENDATIONONGOLF 201 4 153•Recap & Next Steps•Questions & Discussion•Review of Park Board Recommendation to City Council•Community Engagement Activities Recap SummaryLeatherman Company•Phone Survey Presentation–Peter Leatherman from The Morris •Background Review 2 Agenda www.rochestermn.govStreet SE, Rochester, MN 55904 th 201 4 154 Formal ActionMeeting for City Council Determined –To Be Study SessionCity Council November 28 MeetingPark Board November 1 ActivitiesEngagement 2022Community October 26, September 20 –City Councilto Park Board & Alternative Uses Presentation of -July 12, 2022 CouncilPassed by City -Resolution 2022 7,February ReportFoundation National Golf reviewing the Session Board Study Council and Park –Joint City January 10, 2022 3 Timeline of Activities www.rochestermn.govStreet SE, Rochester, MN 55904 th Phone Survey Presentation 155 CityofRochester 156 The Morris Leatherman Company2022 Residential Study SurveyMethodology 157))))))))))Both Landline and Cellphone Households: 34%Landline Only Households: 11%Cellphone Only Households: 55%casesGolfer Sample projectable with +/-6.9% in 95 out of 100 100 casesOverall Sample projectable within +/- 5.0% in 95 out of Non-response level of 4.5%Average interview time of 7 minutesTelephone interviews conducted between September 27th Balloon Sample of 206 Municipal Golfers400 random household sample of Rochester residents The Morris Leatherman Company 2022 City of Rochester DemographicsI 158 Percentage 80706050403020100 WomenMenRentersHomeownersHouseholds w/ChildrenHouseholds w/SeniorsOver 20 Years5.1 to 10 Years5 Years or less50503268292135261920 The Morris Leatherman Company 2022 City of Rochester DemographicsII 159 Percentage 80706050403020100 Ward SixWard FiveWard FourWard ThreeWard TwoWard OneMulti-RacialAsian-Pacific IslanderHispanic/LatinxAfrican-AmericanWhite65 and older55-64 year olds45-54 year olds35-44 year olds18-34 year olds17171717171759713641917182027 The Morris Leatherman Company 2022 City of Rochester QualityofLife 160 7%Only Fair61%Good32%Excellent The Morris Leatherman Company 2022 City of Rochester CityPropertyTaxes 161 Percentage50403020100 UnsureVery LowSomewhat LowAbout AverageSomewhat HighVery High 70246369 The Morris Leatherman Company 2022 City of Rochester Tax Increase to Maintain City Services 162 Percentage80706050403020100UnsureOpposeFavor82270 The Morris Leatherman Company 2022 City of Rochester Tax Increase to Improve or Enhance City Services 163 Percentage6050403020100UnsureOpposeFavor123751 The Morris Leatherman Company 2022 City of Rochester ValueofCityServices 164 4%Unsure12%Only Fair65%Good19%Excellent The Morris Leatherman Company Park and Recreation Facilities 165 UnfavorableFavorable 80706050403020100 City Golf CoursesCommunity BallfieldsTrailsSmaller Neighborhood ParksLarger Community Parks 23332829654950 The Morris Leatherman Company 2022 City of Rochester EastwoodGolfCourse 166 UpkeepRating of Maintenance and 9%Only Fair64%Good27%Excellent47%Don't Use53%Use The Morris Leatherman Company 2022 City of Rochester HadleyCreekGolfCourse 167 UpkeepRating of Maintenance and 1%Poor11%Only Fair57%Good31%Excellent46%Don't Use54%Use The Morris Leatherman Company 2022 City of Rochester NorthernHillsGolfCourse 168 Upkeep7%Only Fair56%Good37%Excellent49%Don't Use51%Use The Morris Leatherman Company 2022 City of Rochester SolidersFieldGolfCourse 169 Upkeep6%Poor8%Only Fair51%Good35%Excellent37%Don't Use63%Use The Morris Leatherman Company 2022 City of Rochester Primary Reason to Play Municipal Golf Courses 170 Percentage 4035302520151050 Something ElseCourse MaintenanceCostConvenient LocationCourse Design 411203035 The Morris Leatherman Company 2022 City of Rochester PriceforRoundofGolf 171 5%Unsure4%Too Low74%Right Amount17%Too High The Morris Leatherman Company CityPropertyTaxLevyIncrease 172 GolfersOverall 80706050403020100 UnsureStrongly OpposeOpposeSupportStrongly Support4516631381032436 The Morris Leatherman Company 2022 City of Rochester IncreasetoGreenFees 173 GolfersOverall 50403020100 UnsureStrongly OpposeOpposeSupportStrongly Support1012254013109293715 The Morris Leatherman Company IncreaseLevyandGreenFees 174 GolfersOverall 50403020100 UnsureStrongly OpposeOpposeSupportStrongly Support41224441661639355 The Morris Leatherman Company 2022 City of Rochester PreferredOption 175 GolfersOverall 4035302520151050 UnsureClose CoursesNeitherCombinationGreen FeesTax Levy4163326297323223015 The Morris Leatherman Company 2022 City of Rochester Community Engagement 176 Activities Recap 26 177•Opt-in Survey Offered via POLCO•Statistically Significant/Reliable Phone Survey –Morris Leatherman •September 28at Hadley Creek Golf Course•September 23at Soldiers Field Memorial Golf Course•September 22at Eastwood Golf Course •September 21at Northern Hills Golf Course •Open House Events at Municipal Courses•Park Board Public Hearing on September 20Community Engagement Activities Recap 27 178•Desire for tax levy support as well•Willingness to support an increase cost with the season pass•Desire to see no impact to the golf course with any aquatic improvements•Including full 18-hole course at Soldiers Field•Desire to see all four courses retained•Attendees were also able to submit Comment Cards•23 people spoke during Public Hearing•Approximately 175 people in attendance•Park Board Public Hearing on September 20Community Engagement Activities Recap 28 179•5-8 community members attended each Open House•Approximately 40 people attended each Open HouseCommunity Engagement Summary 29 180 green fee increases or combination method•Mix of feedback on funding strategy, but strongest support for either •Overall, similar results to the randomized sample phone survey•995 Respondents•Open 10/4-10/26Polco –Opt-in Survey Results 30 181 Polco –Opt-in Survey Results 31 182 Polco –Opt-in Survey Results 32 183 Polco –Opt-in Survey Results 33 184 Polco –Opt-in Survey Results 34 185 Polco –Opt-in Survey Results 35 186 Polco –Opt-in Survey Results 36 187 volunteers do a lot•Staffing at the courses should be increased –the current team and Eastwood, road at Northern Hills)•Investments should be made to address needs (i.e. club house at pass•Willingness to support golf with an increase in price of the season •Desire to have Soldiers Field kept as an 18-hole course•Desire to see all four municipal golf courses retainedCommunity Engagement Feedback Park Board 188 City CouncilRecommendation to 201 4 189$100K Staffing$400K Capital Improvement =$500,000 38 City Council Resolution reductions needed overtime. and identify service and user experience current level of funding Maintain the existing complement of courses with the 3.associated with maintaining or repositioning each. associated with repositioning each, and b) identify high-level future uses for each, and c) assess the long-term financial impact the Rochester Municipal Golf System by repositioning a course and a) evaluate the opportunities and challenges Optimize2.better preserve the value of new investment in an improved system.needed (e.g. maintenance staffing, marketing, other service level enhancements) to maintain the complement of courses and Capital Improvement Projects and the appropriate level of annual operating support, as well as the cost of additional operationsthe recommended $722,500 per year to support the develop a strategy to fund existing complement of courses and Maintain1.The resolution outlines three options:.Foundation and Approving Further Evaluation of the Rochester Municipal Golf SystemResolution Accepting the Report from the National Golf On February 7, 2022, the City Council adopted the www.rochestermn.govStreet SE, Rochester, MN 55904 th 201 4 190 39 Tax Levy Investment 2014-2022Municipal Golf($30,190)($19,114)($47,916)($1,445,774)($386,837)($214,390)($268,146)($272,263)($197,231)Total Investment(3,950)(57,228)0(1,096,450)(65,986)(31 ,413)(82,902)(124,817)(62,713)CIP($26,240)$38,114($47,916)($349,324)($320,851)($182,977)($185,244)($147,446)($134,518)Tax Investment (Tax Levy + Net)$131,886$140,172$193,269($158,449)($155,675)($40,8 70)($22,841)($11,349)($110,058)Net +/-($4,307)($4,308)($31,245)($4,308)($4,307) Operating Transfers($1,351,385)($1,607,530)($1,403,820)($1,629,301)($1,627,417)($1,514,509)($1,496,995)($1,462,423)($1 ,416,059) Expenditures Allocated to Other Activities Capital Outlay(162,061)(245,163)(241,249)(240,539)(213,412)(199,673)(148,065)(82,428)(92,987) Other Charges(189,314)(177,919)(117,076)(150,386) (169,837)(158,510)(146,206)(165,233)(117,569) Materials and Supplies(265,211)(290,385)(271,075)(261,082)(270,772)(270,049)(296,921)(257,701)(273,207) Professionl & Contracted Srvcs($734,799)($895,5 00)($775,839)($978,806)($974,776)($887,638)($911,938)($958,391)($933,614) Employee Services Expenditures$20,107 Operating Transfers In$1,483,271$1,747,702$1,597,089$1,470,852$1,476,048$1,477,946$1, 505,399$1,435,275$1,310,308 Revenues21,39590,69414,57911,67841,32629,07915,56723,44138,841 Miscellaneous Revenues1,303,7501,554,9511,340,4761,266,2111,267,4581,304,6731,325,3401,273,6491,244,919 Charges for Services (passes and daily fees)849 Intergovernmental Revenue$158,126$102,058$241,185$190,875$165,176$142,106$162,403$136,097$24,460 TaxesRevenues (thru Oct)www.rochestermn.govStreet SE, Rochester, MN 55904 th 201 4 191 111,94798,08379,53979,21281,067Total Rounds Played56,07849,39639,41239,68041,702Total 18 Hole Rounds55,86948,68740,12739,53239,365Total 9 Hole RoundsPass and Daily Fee Rounds Combined$23.26$25.33$23.93$24.94$23.51Average Revenue Per Round (9&18)32,18330,05725,21624,92727,365Total Daily Fee Rounds Played18-Hole Rounds Played22,73121,29818,68517,77819,5629-Hole Rounds Played$748,730$761,413$603,354$621,686$643,395Daily Fee RevenueDaily Fee Rounds$10.87$10.66$11.06Average Revenue per Round (9&18)79,76468,02654,32354,28553,702Total Pass Rounds Played46,62640,63732,88132,53133,89918-Hole Rounds Played33,13827,38821,44221,75419,8039-Hole Rounds Played$675,559$522,084$590,404$578,939$593,767Annual Pass RevenueAnnual Passes SoldAnnual Pass Rounds 40 Review of Annual Pass / Daily Fee Rounds Played at all CoursesMunicipal Golf www.rochestermn.govStreet SE, Rochester, MN 55904 th 41 192 201 4 193$265,085$257,422$249,983$163,640$51,485NET PROJECTEDREVENUE +/--$1,807,263-$1,754,625-$1,703,519-$1,653,902-$1,605,730Projected Expense$2,072,349$2,012,047$1,953,502$1,817,542$1,657,215Total User Fee Revenue$304,917$296,036$287,414$279,042$265,632Driving Range / Carts / MiscRevenue$691,534$671,450$651,951$633,021$597,303Daily Fees$1,075,898$1,044,561$1,014,137$905,479$794,280Annual Pass 20272026202520242023 Pass +3% / Daily +3%Pass +3% / Daily +3%Pass +12% / Daily +3%Pass +14% / Daily +6%Pass +20% / Daily +10%Based on Fee Structure Approved by Park Board November 1, 2022 Municipal Golf Revenue Projections 2023-2027 42 www.rochestermn.govStreet SE, Rochester, MN 55904 th 201 4 194 marketing.facilities,improvementsinthepointofsaleprogram,onlinereservationsandpurchasing,andimprovedRochestergolfcommunityasoutlinedinthe2021NationalGolfFoundationreport:improvedcoursesandD irecttheParksandRecreationTeamtopursuecapitalandoperationalimprovementsrecommendedbythe g.golfseasonannualpassatthecurrentseason’srate.2023,suspendtheannual“earlybird”specialwhichallowsgolferstopurch asethenext,BeginningJanuary1 f.allocatenetgainsinannualgolfrevenuetotheGolfDivision.DirecttheParksandRecreationTeamtocoordinateprocedureswithCityAdministrationandFinanceto e.improvementsandoperations .duringthe2024budgetprocess.Thisrequestwillcontinueannually.FundswillbedirectedtogolfcourseDirecttheParksandRecreationTeamtocoordinatearequesttoCityCouncilfor$250,000fromtaxlevy d.annualbasis.Feesche dulesfor2024andbeyond(asoutlinedintheproposal)willbeapprovedbytheParkBoardonanAdoptthefeescheduleproposedbytheParksandRecreation/CityAdministrationleadershipteamfor2023.c.$100,000tobedirectedtooperat ions.,revenue.$400,000tobedirectedtoCapitalImprovementProjectsImplementchangesingolffeesandannualtaxlevyrequeststoachieveatotalof$500,000innet b.andHadleyCreek.,Continuetooperatetheexistingcomplement ofmunicipalgolfcourses:Eastwood,SoldiersField,Northern a.followingelements:financiallysustainablegolfoperationasrequestedinResolution042-22.TherecommendationwillincludetheDirecttheParksandRecreationT eamtoprovidearecommendationfromtheParkBoardtoCityCouncilfora 1.43 Actions Approved by the Park Board November 1, 2022 Municipal Golf www.rochestermn.govStreet SE, Rochester, MN 55904 th 201 4 195 recommendation from the Park Board?•Does the City Council have feedback on the 44 Feedback www.rochestermn.govStreet SE, Rochester, MN 55904 th M 196 devorppA-?EN?teertS?ht7?–?ytreporP?pohsiB?–?tnemeergA?tnempoleveD?-?gniteeM?licnuoC?:3002?,81?tsuguA:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.seicilop?elbacilppa?fo?krowemarf?retaerg?eh t?nihtiw?tcejorp?tnempolevedeht?fo?ssenetairporppa?eht?serusne?dna?ytreporp?a?fo?tnempoleved?eht?ot?detaler?snoitagilbos’ytiC?eht?dna?s'renwO?eht?ezilairomem?ot?sevres?tnemeerga?tnempoleved?etis?laud ividni?na?fo?noitucexE:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFtnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.renwO?eht?yb?detucexe?dna?yt iCeht?yb?detfard?neeb?sah?tnemeerga?tnempoleved?etis?laudividni?nA?.ytreporp?eht?fo?tnempoleveder?eht?fosnoitidnoc?dna?smret?eht?ezilairomem?ot?tnemeerga?eht?fo?lavorppa?sdnemmocer?maet?skroW?cilbuP? ehT?.9002?,2?rebmetpeS?no?0221121-A?.oN?tnemucoD?sa?dedrocer?saw?tnemeerga?noitcurtsnoc?dnocesdiaS?.snoitagilbo?tnempoleved?desiver?dna?ytreporp?eht?no?niam?rewes?yratinas?cilbup?a?fo?noitallatsnieht ?sesserdda?tnemeerga?noitcurtsnoc?dnoces?ehT?.3002?,12?tsuguA?no?106589-A?.oN?tnemucoDsa?dedrocer?saw?tnemeerga?noitcurtsnoc?diaS?.emit?taht?ta?ytreporp?eht?fo?tnempoleveder?eht?rofsnoitagilbo?desser dda?ytreporp?eht?rof?tnemeerga?noitcurtsnoc?tsrif?ehT?.eltit?ni?rossecederp?a?yb?dengisytreporp?eht?rof?stnemeerga?noitcurtsnoc?owt?ecalper?yleritne?ot?tnemeerga?tnempoleved?etis?laudividnideraperp-y tiC?a?fo?noitucexe?eht?htiw?ytreporp?eht?fo?tnempoleveder?eht?rof?snoitidnoc?dna?smret?ehtgnizilairomem?dessucsid?evah?skroW?cilbuP?dna?renwO?eht?,ssecorp?weiver?tnempoleved?eht?fo?trap?sA?.EN?evA?ts 1?dna?EN?tS?ht7?fo?noitcesretni?eht?ta?tnardauq?tsewhtuos?eht?ni?detacolsi?ytreporp?ehT?.noitiddA?rebeW?sa?dettalp?ytiC?eht?ni?ytreporp?laicremmoc?eht?poleveder?ot?,PDS420-2202DC?,noitacilppa?eno?esa hp?a?hguorht?lavorppa?gnikees?si?)renwO(?CLL?,gnissorC?ekaL?revliS:evitarraN?tropeR.noitiddA?rebeWsa?dettalp?ytreporp?eht?nihtiw?stnemtrapA?pohsiB?sa?ot?derrefer?xelpmoc?tnemtrapa?na?fo?tnempolevedeh t?rof?CLL?,gnissorC?ekaL?revliS?htiw?tnemeerga?tnempoleved?etis?laudividni?na?gnizirohtuA:detseuqeR?noitcA???71.FtcejorP?stnemtrapA?pohsiB?-?CLL?,gnissorC?ekaLrevliS?htiw?tnemeergA?tnempoleveD?etiS?l audividnI NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO3202?,9?yraunaJ:ETAD?GNITEE A 197 9002?stsurT?pohsiB?-?tnemeergA?noitcurtsnoC3002?stsurT?pohsiB?-?tnemeergA?noitcurtsnoCstnemtrapA?pohsiB?-?tnemeergA?tnempoleveD?etiS?laudividnI:stnemhcattA relliM?eimaJ:yB?deraperP.emit?siht?ta ?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tnemeerga?eht?fo?smret?eht?morf?gnitluser?stcapmi?laicnanif?ytiCtcerid?on?era?erehT?.tnemeerga?siht?rof?eef?gnidrocer?dna?noitaraperp?tnemu cod?a?diap?sah?renwO?ehT:tcapmI?ecruoseR?&?lacsiF?devorppA?-noitiddA?rebeW?sa?nwonk?eb?ot?TALP620-2202DC?.oN?talP?laniF?-?gniteeM?licnuoC?:2202?,91?rebmetpeSdevorppA-?noitisiuqcA?tnemesaE?dna?tnemeer gA?noitcurtsnoC?–?etatsE?laeR?-?gniteeM?licnuoC?:9002?,71?tsugu 1 198 ”); and,985601-(hereinafter referred to as “Agreement #A 985601-, as Document #A3, 200Recorder on August for lands that include the Property, with said Agreement being filed in the office of the Olmsted County Agreement with the City ConstructionWHEREAS, a predecessor in title to the Property executed a , the City, and abutting property owners; andOwnerProperty to the mutual benefit of the WHEREAS, this Agreement will serve to facilitate the orderly and efficient redevelopment of the to the existing infrastructure being in place; anddesires to begin redevelopment prior to some of the necessary improvements OwnerWHEREAS, which, in part, provide needed infrastructure for the Project; andWHEREAS, the City has outlined and constructed certain public improvements and/or facilitie public infrastructure; andWHEREAS, development of the Property impacts the adjacent, and in some cases, inadequate ; and,(hereinafter referred to as the “Project” Project ApartmentsBishop the , commonly referred to as development within the Property building an apartmentfor 24SDP0-CD2022#application Site Development Plandevelopment plan approval for seeking is OwnerWHEREAS, .hereinafter referred to as the “Property” , Block 1, Weber Subdivision, Olmsted County, Minnesotaand 2 1 sLot Minnesota, legally described as:Rochester, Olmsted County, desires to develop real property within the City of OwnerWHEREAS, ”.Owner“referred to as hereinafterlimited liability company Minnesota, a LLC ,Silver Lake Crossing and “City” the a Minnesota municipal corporation, hereinafter referred to as ,City of Rochester between the , by and 2022____________THIS AGREEMENT (“Agreement”) is made as of this ____ day of APARTMENTS PROJECT BISHOP DEVELOPMENT AGREEMENTINDIVIDUAL SITE 2 199 .needed for the Projectsanitary sewer a ,watermain stormwater management facilities,permanent public storm sewer,public alley improvements, streetscape, public road improvements, public that may include public infrastructure certain Owner Contract” prior to constructing -“City City prepared shall execute a OwnerIf required by the City Engineer, Owner Contract -City .public improvements being constructed for the Projectutility plans for the grading plan, approved streetscape plan, and approved street and , approved lanDevelopment PSite consisting of public and private improvements as shown on the approved Projectfor the shall complete the development process Owner/ Unified Development Code upon implementation Rochester Zoning Ordinance and Land Development Manualbeing completed as provided for in the for the Property prior to the construction of the infrastructure development plan approval processmay complete the Ownercompliance with all other applicable ordinance and permit approvals, and City, and subject to Owner. Upon execution of this Agreement by Property Development Rochester City limits.NA, the Property is already within the Annexation. ’S OBLIGATIONS OWNER. II for the Property.1211220 -Agreement #A985601 and -Agreement # Ain entirety, the terms, conditions, obligations, and benefits contained in shall supersede and replace Bishop ApartmentsDevelopment Agreement for Individual Site This )2112201-and #A 985601-Agreements #Areplacing BISHOP APARTMENTS PROJECT (THE DEVELOPMENT AGREEMENT FOR .I agree as follows:and City Ownerother good and valuable consideration, the adequacy of which is hereby acknowledged, , in consideration of the mutual benefits to the parties set forth herein, and NOW, THEREFORE and abutting property owners; and,City, , the Ownerfacilitate the orderly and efficient development of the Property to the mutual benefit of the Agreement for the Property will serve to memorialize the rights and obligations related to, and will help Development Individual Site ecording of this and City agree that execution and r OwnerWHEREAS, with those terms stated herein as they relate to the Property; and, 2112201-and Agreement 985601 -and City wish to replace the terms of Agreement # A OwnerWHEREAS, ”); and,11220-ed to as “Agreement #A(hereinafter referr 11220-2, 2009, as Document #ASeptember Recorder on for lands that include the Property, with said Agreement being filed in the office of the Olmsted County Agreement with the City Constructionssor in title to the Property executed a WHEREAS, a predece 3 200 sac abutting the Property.--Street NE and the cul th future reconstruction of 6the Property will be subject to an assessment of 25% of the total reconstruction costs Street NE concurrent with development of the Property, the th In lieu of reconstructing 6 .St NE improvements th Obligations for future 6 development. development of the Property, said monthly amount to be provided upon the commencement of therequires payment of monthly Storm Water Utility Fees for individual lots commencing with The Storm Water Utility The City has implemented a Storm Water Utility. .UtilityStorm Water phase of development. Payment is due within 30 days after invoicing.grading & drainage plan review and approval process, times the developable acreage for each time of payment) times the applicable LUF which is determined through the place at the The actual applicable SWMPAC charge is calculated by multiplying the base rate per acre (in Factor (LUF) of 1.00. density residential type development with an impervious area of 25% or less and a Land Use per developable acre for low 991.96) is $3,2The base rate for the SWMPAC (through 12/31/2 .for the Property pay a Storm Water Management Plan Area Charge shall OwnerThe .)Management Plan Area Charges (SWMPACStorm Water of this Agreement. EXHIBIT B included as Declaration AgreementStormwater Maintenance as shown in the the Propertyon be located stormwater facility tothe maintenance the shall be responsible for Owner activities:ollowing maintenance shall perform the f OwnerThe Maintenance of Stormwater Facility. .construction plans and specificationswith the City standards and the approved stormwater management plan, grading plan, and storm sewers, and other necessary appurtenances in conformance , and maintain privateconstructshall design (subject to City of Rochester approval), Owner Storm Water Management Plan. ty on the Grading Plan.approved by the Ciunless other documented arrangements are made with the abutting landowners and The Grading Plan for the Property shall match the existing grades of the abutting properties .way--righte graded to match the grades of the abutting public The Property shall b shall also comply with the following additional provisions: Owneron the Propertyrading activity documents to the City Engineer and obtain approval prior to the commencement of gand through its consulting engineer shall submit these ,Grading Plan by a professional engineerand Stormwater Management Planshall cause the preparation of a Owner Grading and Drainage. 4 201 .Projectthe ’s commencement of construction activity associated with Ownerapproval by the City, prior to Control Plan for cThe City Traffic Engineer may require submittal of a Traffi.Traffic Control Plan 16) the terms in said Ordinance.less approval is obtained for a variance from the standards, or for other design modification from boulevard trees along the entire frontages of all public roadways within and abutting the Property, shall comply with City Ordinance requiring the planting of / paying for Owner Boulevard Trees. 15) .the park dedication requirementsshall comply with Owner Park Dedication 14) abutting the Property concurrent with development.any missing segment of public road frontage sidewalk along public construct shall Owner Streetscape Improvements. strian Facilities /Pede 13) by the City.within 30 days of invoicing WAC obligations applicable to the Property and SAC shall make payment of the OwnerThe (rate valid through12/31/22).acre per $3,231.18 for the Property is OwnerThe Water Availability Charge (WAC) to be paid by .(rate valid through12/31/22) per acre 3,231.18$is for the Property Ownerto be paid by SACCharge ( AvailabilitySewer Sanitary The :of the TSR policy by the City.)based agreements in place prior to adoption charge )TSRTrunk Sewer Rate (current subject to the (The Property is not as follows.sanitary sewer and water tower facilities trunk lineof the public Water Availability Charge (WAC) obligations for use and (SAC) Sanitary Sewer Availability Chargerty is subject to The Prope Sanitary Sewer Availability Charge & Water Availability Charge 12) recording charges associated with said document(s).and document preparation shall pay the OwnerCity shall record the document(s) and the Document Recording. .for official acceptance by the City documents that convey rights to the City / publicany to the City Engineer shall deliver Ownerthe ,Prior to recordingOfficial Acceptance. City after recordation of Weber Subdivision.This easement will be recorded by Property.Ave NE frontage of the st along the 1sidewalk a pedestrian facility and right of way maintenance easement for public executed has Owner te.Real Esta 11) .Projectconstructi on activities for the as a result of and alleys cost, damage caused to perimeter public roadwayssole repair, at its shall Owner the Project.shall pay for all traffic control signs as deemed necessary by the City Engineer for Owner evelopment of the Property.the redhe following transportation related obligations are applicable to T .temsITransportation Related 10) 5 202 greement.ACity is obligated to record the fully executed The herein and as may be required through the development plan approval process.The City agrees to accept the dedicated and donated portions of the Property and easements outlined .implemented, and Unified Development Code once in the Rochester Land Development Manualfor including plat recording, prior to the construction of the infrastructure being completed as provided to proceed and complete the redevelopment process for the Property, OwnerThe City will allow CITY’S OBLIGATIONS.. I preparation and recoding fee to the City.a document has paid Owner Recording Fee. 25) execution of a Consent of Mortgagee for the Property in a form acceptable to the City.the Property prior to recordation of this Agreement, Owner shall obtain sthe event Owner mortgageMortgage. In the Property is not encumbered by any sThe Owner state Consent of Mortgagee. 24) month period.-measured in the Minneapolis / St. Paul area during the preceding twelveof each year based on the change in the Engineering News Record Construction Cost Index as January 1stand continue to be adjusted each subsequent ,1, 20January annually commencing on he rates for obligations identified in this document will be adjusted T Charge Rate Adjustment. 23) charges in a court of law.of and a hearing and further waives all rights to contest or appeal the hereby waives any right to notice Ownercharges are applicable to, for a term not to exceed one year. llection with the property taxes for that portion of the Property that the unpaid Olmsted County for cothe City may collect the unpaid amount, plus interest at a rate of 7.5%, through certification with fails to make a payment according to the terms of this Agreement, OwnerIn the event Payment-Non 22) .for the Projectt plan applications Council, for the redevelopmenshall abide by the specific conditions, as approved by the City Owner Conditions of Approval 21) calculated and collected at the time of the Building Permit review and approval process.o redevelopment of the Property and will be A PIF is applicable t Plant Investment Fee (PIF). 20) and ordinances.the Property, and shall pay all applicable development related permit fees consistent with City policies shall obtain all of the necessary permits for redevelopment and construction within Owner Permits. 19) NA, there are no known wetlands within the Property.Wetlands 18) .Agreement, through City’s execution of the approval for such encroachment City Councilshall have received and ,CEXHIBIT d in this Agreement as the Revocable Permit and Agreement containe executeshall Owneror public easements facility within the right of wayprivate features, sprinklers, or any otherlandscape material, signage, lighting, entry private Prior to placing any Private Encroachments 17) 6 203 outs, labor disputes, governmental laws or -lock er, or other casualty, strikes,inclement weathby fire, flood, explosion, hurricane, earthquake, tornado, wind storm, heavy rain storm, unusually If either party fails to perform under this Agreement because of any delays caused Force Majeure ion in the event of a subsequent default.other provis herein shall not be deemed a waiver of that party’s rights to enforce such provision or any Failure of any party to enforce any provisions contained Failure to Enforce not a Waiver. not preclude the use of any other or all of said remedies. of one remedy shallAll remedies provided herein shall be cumulative and the exercise Remedies are Cumulative. defaulting party. -Agreement, including reasonable attorney’s fees, shall be reimbursed or paid to the non defaulting party in enforcing this -Any amounts expended by the nReimbursement. Action for money damages. iv. Action for specific performance; and, iii. Injunctive relief; ii. within 30 days after written demand;defaulting party -same, plus interest, shall be paid by the defaulting party to the nonng defaulting party’s reasonable costs in correcti-correcting the default and the nondefaulting party may, at its option enter upon the Property for the purpose of -a nondefaulting party, -With respect to matters that are capable of being corrected by the non e following specific rights and remedies.limitation, the parties shall have thremedies available under law or equity with respect to the default. In addition, and without defaulting party shall have all rights and -notice thereof to the defaulting party, the noncured within 30 days after written ’s default which is not Owner In the event of the City’s or the Remedies regulations.that they will remain subject to all applicable City ordinances, policies, and other governmental and the City acknowledge Ownerise expressly provided herein, the Except as otherw. Ordinances eneficiaries to this Agreement.barty phird tassigns. There shall be no or successors,, its Ownershall be considered covenants running with the land and shall apply to the The obligations set forth in this document . iciariesSuccessors and Assigns; No Third Party Benef representations, beyond those specified in this Agreement. the parties as to the matters contained herein. There are no other understandings, or oral . This Agreement constitutes the entire agreement between Entire Agreement; Other Agreements in any manner whatsoever except by written agreement signed by both parties.This Agreement will not be altered, modified, supplemented, or amended Waiver and Amendment GENERAL PROVISIONS.VI 7 204 Rochester, MN 55901 4001 West River Parkway, Suite 100 Works DepartmentPublic Rochester Public Works Director If to the City: Minneapolis, MN 55418 3838 Benjamin St. NE LLC ,Silver Lake Crossing :OwnerIf to certified or registered mail, postage prepaid, addressed as follows:by recognized overnight delivery service (i.e., Federal Express, UPS, etc.), or sent by United States of the following ways: in person, by email, hereto upon the other will be in writing and delivered in one Any notice or election herein required or permitted to be given or serviced by any party Notices. 11) nforced as if the contract did not contain the particular term or provision held to be invalid.eprovisions shall not be affected, and the rights and obligations of the parties shall be construed and of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and n of this Agreement is declared by a court The parties agree that if any term or provisio Severability. 10) or expiration of this Agreement.Notwithstanding any provision in this Agreement to the contrary, this clause will survive the termination objections they may have to any such term or condition. specifically waives any and all legalthat they will not challenge the legality of any term or condition found within this Agreement and associated with a legal challenge to any of the terms of this Agreement. As such, both parties agree inistrative delays statement not set forth herein. Both parties wish to avoid any development or admthe decision to accept them as stated herein; and (d) has not relied upon any representation or nds all of its terms, appreciates the significance of those terms and has made Agreement, understaterms and conditions, and to consult an attorney before signing this Agreement; (c) has read this counsel as it deems appropriate; (b) has had a sufficient amount of time to consider this Agreement’s on with such consultation with legal this Agreement knowingly, voluntarily and willingly of its own volitiacknowledges that it: (a) enters into and executes OwnerBy executing this Agreement, Concurrence. whether or not they are cited in this Agreement.remain applicable to this development shallis authorized to do so, all standards and procedures and , or Unified Development Code once implemented,of the Rochester Land Development Manualer has explicitly waived a requirement Except where the City Engine Development Requirements. the State of Minnesota.This Agreement will be governed by and construed in accordance with the laws of Governing Law for the period of time attributable to such causes.y such party will be extended other similar causes beyond the control of either party, performance bregulations, unavailability of labor or materials, contractor delays, acts of war, acts of terrorism, or 8 205 NOTARY PUBLIC .yof the limited liability companthe foregoing instrument and acknowledged that he executed the same as his free act and deed on behalf and who is personally known by me to be the person who executed limited liability company Minnesota, a LLC ,Silver Lake Crossing of _________________________ ______________________, the___before me, a notary public within and for said county personally appeared ,02___2 ,_________________ day of_____ The foregoing instrument was acknowledged before me this )_____________ COUNTY OF ) )_______________STATE OF Its: By: limited liability company Minnesota LLC ,Silver Lake Crossing :OWNER written.year first above the parties set their hands and seals as of the date and IN WITNESS WHEREOF, 9 206 My Commission Expires: County: Notary Public company. that he/she hereby executes said instrument for and on behalf of the limited liability to execute the attached instrument for and on behalf of the limited liability company, and he/she is authorized under the articles of organization or operating agreement indicated th (City & State) (Zip Code) ___________________________, _______________, a limited liability company, who has (Address) (Name of Company), __________________________________, ___________________________________ (Title) ______________________________, ofsworn, did say that he/she is the (Name of Officer) appeared _________________________, to me personally known, who being by me duly , before me20___On this _________________ day of ____________________, COUNTY OF __________________ STATE OF ____________________ COMPANY AUTHORIZATION SIGNATURE ACKNOWLEDGEMENT OF LIMITED LIABILITY 10 207 Rochester, MN 55904 4001 West River Parkway, Suite 100 Department Rochester Public Works This Document Drafted By: Kelly K. Geistler, City Clerk ___2Date: __________________, 20 Attest: Kim Norton, Mayor ___2__________________, 20Date: a Minnesota municipal corporation City of Rochester, day and year first above written.IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the EXHIBIT A 208 REFERENCE FOR JECTPROOF THE SITE PLAN 11 EXHIBIT B 209 STORMWATER MAINTENANCE AGREEMENT 12 EXHIBIT B 210 Control burrowing animals as necessary on an ongoing basis. vi. Remove debris and litter as necessary on an ongoing basis. v. Rehabilitate infiltration area once drawdown time exceed 48 hours. iv. and MS4 Phase II Permit.CA Construction Stormwater Permit construction plans, City Standards, and the MPbasis to maintain compliance with the intended functionality based on the approved Remove sediment and/or other impediments from infiltration area on an as needed iii. Facility as necessary and in a timely manner. Repair ii. vegetative cover annually.Inspect all structures and piping, graded berms, emergency overflows, and i. the Facility shall be:The minimal intervals for necessary work to be performed as Required Maintenance of e) and the removal of debris and litter. the control of weeds and grassesThe appearance of the Facility shall comply with applicable City Ordinances related to d) parameters established by the approved design.performance and neighborhood acceptance of the Facility shall be consistent with the onal structural maintenance necessary to insure the operati-All structural and non c) The Facility will be maintained fully functional pursuant to the approved design. b) inspection records will be kept and made available to the City upon request. ity, etc. Written to: sediment loading, structural deterioration, impeded infiltration capacexceeding 4.5 inches in 24 hours to identify functional deficiencies, such as but not limited Inspect the Facility annually during the growing season and after every rainfall event a) Agreement. Specifically, DECLARANT will provide or perform the following:the DECLARANT, its heirs, successors, or assignees, fail to uphold the terms of this , and maintain the Facility in the event the Property for the City, or its agents, to access, inspectThrough execution of this Agreement, DECLARANT assigns to the City easement rights across 3. (hereinafter “Agreement”), and hereinafter referred to as the “Facility”.ntenance Agreement Declaration within this Mai EXHIBIT B1 Grading Plan exhibit attached as (hereinafter referred to as “City”) standards on a portion of the Property as depicted on the Stormwater and Municipal Separate Storm Sewer System (MS4) Permits and City of Rochester Construction treatment facility (underground infiltration) as required by the MPCA NPDESmaintain, at its own expense, a permanent, private stormwater rate control and water quality 024SDP, the DECLARANT shall construct and -Development Plan Application CD2022with Site As a condition of Grading Plan approval for development of the Property associated 2. and hereinafter referred to as the “Property”. Lots 1 and 2, Block 1, Weber Addition Minnesota, described as:of real property in the City of Rochester, Olmsted County, OwnerThe DECLARANT is the 1. “DECLARANT”, does hereby make this DECLARATION:hereinafter referred to as the , Minnesota limited liability companya ,Crossing, LLCSilver Lake Stormwater Maintenance Agreement 13 EXHIBIT B 211 herein.and shall run with the land, subject to the terms and conditions stated upon said Property,greement shall be deemed a covenant binding The rights, obligations, and benefits of this A 9. Declaration.necessitate modifications to the Facility, and execution of a revised Maintenance Agreement DECLARANT acknowledges that additional development within the Property in the future may 8. termination.writing by the City of said discretion of the City, and if said Agreement is terminated, the DECLARANT will be notified in The DECLARANT acknowledges that future termination of this Agreement is at the sole 7. one year, and at an interest rate of 7.5%. of for collection with the property taxes for the Property. Said collection shall be for a period charges, the City is authorized to certify the unpaid charges with the Olmsted County Auditor of the Property becomes delinquent in payment of its maintenance OwnerIn the event the 6. to in writing by all of the individual owners.proportional share of the Property, or at the City’s discretion, by apportionment mutually agreed oned by the City among the owners based on their the total obligations will be apportithat if the Property is under multiple ownerships at the time work is performed by the City, that associated costs will be charged to the owner(s) of the Property. The DECLARANT agrees aintenance to the Facility. All authorized to access the Property and perform necessary mcompliance within 30 days after receipt of said notice, the City is -not addressed the noncompliance to the DECLARANT. If DECLARANT or its assigns has -written notice of the nonagent) shall provide is not performed by the DECLARANT or its assigns, the City (and/or its If required maintenance of the Facility, as determined by the City pursuant to this Agreement, 5. permanent maintenance of the Facility.all costs associated with construction and The DECLARANT shall be responsible for 4. instructions and recommendations.percent of the total storage volume, or according to device manufacturer’s dedicated as pretreatment devices once captured sediment volume exceeds 50 , manhole sumps, and/or baffles Remove sediment from basins, cells, swales viii. vegetation to preserve the structural integrity of the Facility.of nonconforming grass and noxious weeds, as per City Ordinance, and woody getation as necessary, including, at a minimum, keeping the Facility free vii. 14 EXHIBIT B 212 Rochester, MN 55901 4001 West River Parkway NW, Suite 100 Rochester Public Works Office TRUMENT DRAFTED BYTHIS INS Notary Public .limited liability companybehalf of the the foregoing instrument and acknowledged that he/she executed the same as his/her free act and on , who is personally known to me to be the person who executed Minnesota limited liability companya ,Silver Lake Crossing, LLC , the _________________________ of_______________________by __, ___day of __________________, 202 acknowledged before me this _____The foregoing was COUNTY OF _________) ) SS STATE OF ___________) Its: By: , Minnesota limited liability companya ,Silver Lake Crossing, LLC _________________, 2022.IN WITNESS THEREOF, the DECLARANT has executed this Agreement this _____ day of 15 EXHIBIT B 213 CITY PUBLIC WORKS FROM SPLAN CIVILTHE APPROVED OBTAINED BY REQUESTING LARGE SCALE PLAN DETAILS CAN BE AND THE “FACILITY” SITE PLAN REFERENCE DRAWING OF THE PROPERTY LOCATION 16 1 EXHIBIT C 214 REVOCABLE PERMIT AND AGREEMENT 17 EXHIBIT C 215 repairs.ll costs of City ordered shall make immediate repairs and bear a Owner, Easementswithin said being located ImprovementsIn the event that damage may occur to public facilities as a result of said 3. .the Easementslocated within Improvementsrepair of said and allation, maintenance,inst shall perform all work and bear all costs associated with the Owner 2. . EXHIBIT C1 on attached be installed in the Easements as shownto Improvements theallowing ’s full compliance with the terms of this Agreement, the City consents to Owner 1. OwnerNOW, THEREFORE, IT IS MUTUALLY AGREED by the City and .Ownerherein, which terms and conditions apply to WHEREAS, the City is willing to grant this Permit upon the terms and conditions contained collectively referred to as “Easements.”. The utility easements will hereinafter be Office Olmsted County Recorder’s the plat on record with Weber Subdivisionas shown on the on the Propertyfoot wide public watermain utility easement located -ee will be planted within a 20A tr .Recorder’s Office with the Olmsted County ,September 2, 2009recorded on 1921211-described in Document Number Awide public utility easement located on the Property. The impacted utility easement is -foot-within the 50, and fencing will be installed in various easements on the Property. Pet exercise area, landscaping fencing, landscaping, and retaining wall footings (hereinafter collectively referred to as “Improvements”) place has applied to the City for a revocable permit granting it permission to OwnerWHEREAS, , Block 1, Weber Subdivision, Olmsted County, Minnesotaand 2 1 sLot ter known as the Property):owns certain real property described as (hereinaf OwnerWHEREAS, WITNESSETH THAT: ".Owner, hereinafter referred to as "limited liability company Minnesota a Crossing,Silver Lake , a Minnesota municipal corporation, hereinafter referred to as "City", and City of Rochester, between the ay of ___________________, 202), made this _____ ddepending on the context used REVOCABLE PERMIT AND AGREEMENT (hereinafter “Permit” or THIS REVOCABLE PERMIT AND AGREEMENT 18 EXHIBIT C 216 encroachments.seek or be entitled to any relocation costs or other damages from the City for removal of the hall it sshall not receive any prescriptive rights by this grant, nor Ownerin removing the encroachments. shall reimburse the City for any costs the City incurs Owner. Ownerwithout liability for damages to the City may proceed to remove all or a part thereof shall be deemed the property of the City andIf demand for removal has been made and the encroachments are not removed, the encroachments by the City acting through its City Engineer, remove the encroachments authorized by this Permit. shall, upon demand OwnerPermit is not intended to be for any specific period of time, and This 12. heirs, successors, or assigns., its Ownerth the land and shall apply to the The obligations set forth in this Permit shall run wi 11. .C2EXHIBIT agrees to execute the Release and Hold Harmless Agreement attached hereto as Owner 10. Permit. City’s decision to revoke this authority contained herein or resulting from theunder the grant of ’s use of the City’s right of way Ownermade by any party resulting from the and indemnify the City for any and all damages, or from any and all claims or causes of action shall hold the City harmless, by insurance coverage or by agreement, and must defend Owner 9. ity prior to commencement of work activity.approved by the CAny additions and/or alterations/modifications, other than for maintenance purposes, shall be 8. .Easementsmay be installed within said encroachments included and shown herein. No additional ImprovementsThis Permit is for the specific 7. ol.contr, including, but not limited to, mowing and erosion the area of said Easementsmust maintain Owner 6. minimize the impact on the public’s infrastructure.occurs to ImprovementsCity codes and other provisions of law and proper maintenance of the plicable shall be in accordance with all ap Improvementsshall also ensure that the use of said Owner 5. .Improvementsthe will be responsible for any costs associated with the removal and/or replacement of Owner, utilitiesany installation, maintenance, or repair of must be removed to perform Improvementsthe any of . If the situation arises that Easementsin said located that various utilities areunderstands Owner 4. 19 EXHIBIT C 217 if the contract did not contain the particular term or provision held to be invalid.the parties shall be construed and enforced as shall not be affected, and the rights and obligations ofjurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions ies agree that if any term or provision of this contract is declared by a court of competent The part 15. as they may currently exist, be created in the future, and / or as amended from time to time.may collect the unpaid amount, plus interest, pursuant to provisions of state law or local ordinances according to the terms of this Agreement, the City fails to make payment OwnerIn the event that 14. Agreement.provision in this Agreement to the contrary, this clause will survive the termination or expiration of this and all legal objections they may have to any such term or condition. Notwithstanding any anychallenge the legality of any term or condition found within this Agreement and specifically waives legal challenge to any of the terms of this Agreement. As such, both parties agree that they will not opment or administrative delays associated with a forth herein. Both parties wish to avoid any develto accept them as stated herein; and (d) has not relied upon any representation or statement not set understands all of its terms, appreciates the significance of those terms and has made the decision nt, conditions, and to consult an attorney before signing this Agreement; (c) has read this Agreeme deems appropriate; (b) has had a sufficient amount of time to consider this Agreement’s terms and s own volition with such consultation with legal counsel as it knowingly, voluntarily and willingly of itthis Agreement sacknowledges it: (a) enters into and execute OwnerBy executing this Agreement, 13. 20 EXHIBIT C 218 City ClerkKelly K. Geistler, , 202___ Date: : Attest Kim Norton, Mayor , 202___ Date: By: a Minnesota municipal corporation City of Rochester, written.day and year first above greement to be executed on the hereto have caused this AIN WITNESS WHEREOF, the parties 21 EXHIBIT C 219 ROCHESTER, MN 55901 4001 WEST RIVER PARKWAY NW, SUITE 100 ROCHESTER PUBLIC WORKS DEPARTMENT DOCUMENT DRAFTED BYTHIS NOTARY PUBLIC .limited liability companyhis/her free will and on behalf of the person described in the foregoing instrument and acknowledged that he/she executed the same as personally known to me to be the ,limited liability company Minnesota a ,Silver Lake Crossing, LLC of the __________________________ ,__________________________county, personally appeared , before me, a notary public within and for said ___day of _________________, 202 COUNTY OF _________) ) SS STATE OF ___________) Its: By: companylimited liability Minnesota a ,LLC Silver Lake Crossing, 22 EXHIBIT 220 23 1C EXHIBIT C2 221 NOTARY PUBLIC .limited liability companyhis/her free will and on beperson described in the foregoing instrument and acknowledged that he/she executed the same as personally known to me to be the ,limited liability company Minnesota a ,Silver Lake Crossing, LLC of the __________________________ ,__________________________county, personally appeared , before me, a notary public within and for said ___day of _________________, 202 On this ___ COUNTY OF _________) ) SS STATE OF ___________) Its: By: limited liability company Minnesota a ,LLC Silver Lake Crossing, Permit. decision to revoke the n or resulting from the City’s hereiway under the grant of authority contained -of-Permit, from the undersigned’s use of the City’s right within public right of way or easement during the term of the or the placement of the action resulting from the granting of this Permit made by any party, including any takings claims, in anyto defend the City of Rochester for any and all damages, or from any and all claims or causes of action The undersigned does hereby agree to indemnify, hold the City of Rochester harmless, release and RELEASE AND HOLD HARMLESS AGREEMENT 24 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 cityclerk@rochestermn.gov2000 or --Questions? Contact the City Clerk’s Office: 507 Rochester, MN 55904 201 4th St SE, Ste 135 City Clerk Send an open comment In the mail to: § person is available, filling out a written open comment form.-When in § publiccomment@rochestermn.govEmail the City by Noon on the day of the meeting § ther ways to submit an open comment/public comment:O § A timer will be used to manage speaker times. § residents.immediately impacted by the Council’s decision, e.g. neighborhood may be When appropriate, priority will be given to those speakers who § spent. yields their time may not speak again once the allotted 5 minutes are A speaker may yield their remaining time to another. A speaker who § receive extra time.s spokesperson does not encouraged to designate a spokesperson. ThiGroups who have a similar view on the subject matter of the hearing are § The speaker shall provide their name. § Speakers may only speak once during a given public hearing. § s will be limited to 5 minutes each.All speaker § hich all external comments end.until a motion has been made, after wThe applicant may also answer informational questions from the council § rebuttal of up to 5 minutes after the public hearing has closed. public hearing, and may provide a of 10 minutes prior to the start of the The applicant (and/or applicant’s representative) may present for a total § guidelines: participation Public hearing Public Hearings M 256.elbissop?fi?noituloser?aot?emoc?dna?laeppa?eht?fo?ytidilav?dna?erutan?eht?ssessa?ot?stnemtraped?suoirav?gniwolla?,noitaredisnoceud?nevig?neeb?sah?ssecorp?laeppa?eht?ecno?lavorppa?rof?gniteem?li cnuoC?txen?eht?ot?kcab?esoht?gnirbdna?slaeppa?dettimbus?evah?ohw?esoht?htiw?krow?lliw?setammaet?ytiC?.egnahc?dluoc?dessessa?slecrapfo?rebmun?latot?eht?os?,gniraeh?eht?fo?thgin?eht?litnu?pu?stnemyap?e kam?ot?dewolla?era?srenwo?ytreporP2202?,8?rebmeceD?fo?sa?tnuomA**???????.seef?s'rotcartnoc?dna?",eludehcS?eeF",stsoc?devorppa-licnuoc?no?desab?era?segrahC?.riapeR?dna?tnemecalpeR?klawediS?rof?slecrap ?18:2202?rebmeceD?fo?sA?.ssecorp?tnemssessa?klawedis?dlo?eht?fo?trap?era?taht?slecrap?eht?fo?tsal?eht?sezilanif?noitca?siht?,ssecorp)DIS(?tcirtsiD?tnemevorpmI?klawediS?wen?eht?fo?noitatnemelpmi?gnidn epmi?eht?htiW?.2202?ni?gniraeh?tsaleht?dessim?stnemssessa?eseht?,raey?eht?ni?etal?os?ecalp?gnikat?krow?eht?fo?esuaceB?.2202?rebotcO?litnuecalp?ekat?ton?did?krow?eht?hcihw?rof?slecrap?era?gniraeh?siht ?nihtiw?slecrap?ehT?.riaper?dna?tnemecalperklawedis?rof?segrahc?diapnu?fo?gnissessa?eht?rof?stnemssessa?desoporp?eht?no?ssap?ot?gniraeh?a?si?sihT:evitarraN?tropeR.%5.4?fo?etar?tseretni?na?htiw?sraey? evif?fo?doirep?a?revo?dessessa?riapertnemecalper?klawedis?rof?stnemssessa?desoporp?gniniamer?eht?gniyvel?noituloseR?a?gnitpodA?.3.2202?,32?yraunaJno?gniteem?licnuoC?eht?ot?ylno?slecrap?delaeppa?detar apes?eht?rof?gniraeh?cilbup?eht?gniunitnoC?.2.noitaredisnoc?lanif?rof?,2202?,32?yraunaJ?no?gniteeM?licnuoC?eht?ot?stnemssessa?delaeppaesoht?gniunitnoc?dna?llor?tnemssessa?eht?morf?stnemssessa?delaepp a?fo?noitarapes?eht?gnitceriD?.1:detseuqeR?noitcA???1.GriapeR?dna?tnemecalpeRklawediS?-?segrahC?laicepS?diapnU?fo?sexaThtiw?noitcelloC?rof?noitacifitreC?rof?gniraeH?cilbuP NOITCA?ROF?TSEUQER 84.901,76$**riapeR?dna?tnemecalpeR?klawediS40325307 reyemeiN?relyT:RETNESERPsgniraeH?cilbuP:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO3202?,9?yraunaJ:ETAD?GNITEE P 257 segrahC?laicepS?diapnU?fo?sexaT?htiw?noitcelloC?rof?noitacifitreC?rof?gniraeH?cilbuP?-?noituloseR40325307?-?9185?lecraP?laeppAriapeR?dna?tnemecalpeR?klawediS?40325307?80212202?-?lloR?tnemssessA :stnemhcattA nosreteP?ylleK:yB?deraperP.emit?siht?ta?detseggus?si?noitca?evitanretla?oN:)s(noitcA?evitanretlA.stegdub?gnitarepo?latnemtraped?ytiC?no?tcapmi?evitagen?a?evah?dluow?tnemesrubmier?fokcal? ,erofereht?;segrahc?eseht?rof?tegdub?ytiC?on?si?erehT?.tnemecrofne?edoc?ot?detaler?segrahc?laicepsgnitelpmoc?ot?detaler?ytiC?eht?rof?msinahcem?tnemesrubmier?a?sa?snoitcnuf?ssecorp?tnemssessa?sihT:tca pmI?ecruoseR?&?lacsiF.nitelluB?tsoP?ni?dehsilbuP?ecitoN?gniraeH?:2202?,71?rebmeceD.srenwO?ytreporP?ot?tneS?ecitoN?gniraeH?:2202?,8?rebmeceD.segrahc?laiceps?diapnu?gnissessa?rof?gniraeH?cilbuP?a?gnitt eS?-?gniteeM?licnuoC?:2202?,5?rebmeceD:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.ytreporpdetceffa?eht?ot?noitaler?ni?detelpmoc?saw?taht?krow?eht?gnidrager?ro?,seef?dessessa?eht?gnidragerdraeh? eb?yam?stnediser?taht?os?gniraeh?cilbup?a?seriuqer?segrahc?laiceps?diapnu?rof?stnediser?gnissessA:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFgniviL?ytilauQ?rof?secivreS? ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroir City of Rochester, Minnesota 258/ Certified:To be Assessed $564.77 11330064.01.32.Rochester, MN 55904-7309Ave SE832 5 ,James Pffin TrusteeGri05959T LOT F132T WF156.6T NFLOT-059 S52AT A S PL'TORAUDISECT-01 TWP-106 RANGE-014 / Certified:To be Assessed 11.16 $664.01.31.001266Rochester, MN 55904923 9 1/2 St SETimothy W,Verdick09191T LOT F147T SF130T NF392.15T EFLOT-091 W48AT A S PL'TORAUDISECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $75.94 11110064.01.31.Rochester, MN 55904Ave SE859 8 Rounds,Matthew05454T LOLOT-054 S1/2 AT A S PL'TORAUDISECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $1,000.00 11090064.01.31.Rochester, MN 55904Ave SE852 7 Olson,Rosanna M053T THEREOFF53 LESS N60T LOLOT-053 W1/2 AT A S PL'TORAUDISECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $508.29 11060064.01.31.Rochester, MN 55904Ave SE921 4 Gfpi LLC05252T LOLOT-052 AT A S PL'TORAUDISECT-01 TWP-106 RANGE-014 / Certified:To be Assessed 119.25 $11020064.01.31.Rochester, MN 55904Ave SE831 8 Johnston,Melvin Benny04949T LOT FLOT-049 N59AT A S PL'TORAUDISECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $523.12 64.01.31.001088Rochester, MN 55904Ave SE820 8 Lichty,Kelli J04141T LOT F132T WFLOT-041 N43.87AT A S PL'TORAUDISECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $387.51 64.01.31.001087Rochester, MN 55904-7345Ave SE824 8 Stebbins,Margaret C04141T LOT F132T WFLOT-041 S43.87AT A S PL'TORAUDISECT-01 TWP-106 RANGE-014 AAuditors PlatProperty IDLotBlkLegal Description's Name & AddressTaxpayer Printed: 12/8/2022Page 1 of 10 1117202270352304: J4713 2021-22 Sidewalk Replacement & Repair Authorized Signature DateApproved by: ________________________Mailed on: __________administrati ve citations.unpaid special charges, unpaid utility charges, or unpaid notification via U.S. Mail of the assessment / certification hearing for I hereby certify that the following property owners received individual Certificate of Notification Assessment / Certification Roll Assessment / Certification Roll 259/ Certified:To be Assessed $1,980.06 64.01.32.002562Rochester, MN 55904Ave SE848 4 Denny,Benjamin0010033 BLK 1T LOADD LOT-003 BLOCK-001 AddBrackenridge/ Certified:To be Assessed $1,625.34 64.01.33.001300Rochester, MN 559061441 Century Corner Ln NEVincentNgov,101101T LOT F131.22T WFLOT-101 N50AT A S PL'TORAUDISECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $1,102.94 11530064.01.32.Rochester, MN 55904Ave SE853 6 Ick,Larry06666T LOT F132T WFLOT-066 N 48AT A S PL'TORAUDISECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $380.34 11440064.01.32.Rochester, MN 55904Ave SE866 5 TCarlaHanson,06565T TO BEG LOT FW131 1/4T TH F44T TH NF35 1/4T TH EF3 1/2T TH NFE96T TH F65 TH S47 1/2 AT NW COR LOT COMLOT-065 AT A S PL'TORAUDISECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $212.63 11430064.01.32.Rochester, MN 55904Ave SE864 5 Greseth-Juhnke,Sharri L06464T LOLOT-064 AT A S PL'TORAUDISECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $775.02 11420064.01.32.Rochester, MN 55904-7309Ave SE860 5 Smith,Christopher G06363T LOLOT-063 S1/2 AT A S PL'TORAUDISECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $703.27 11380064.01.32.Rochester, MN 55904Ave SE849 6 Iron Range Holdings LLC06161T LOT F163 1/2T EF130 1/2T WFLOT-061 S46.4AT A S PL'TORAUDISECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $506.76 11360064.01.32.Rochester, MN 55904-7367Ave SE843 6 Greenwaldt,Stacy E06161T LOT F131T EFLOT-061 N45AT A S PL'TORAUDISECT-01 TWP-106 RANGE-014 's Name & AddressTaxpayerLegal DescriptionProperty IDLotBlk Page 2 of 10 Assessment / Certification Roll 260/ Certified:To be Assessed $395.34 74.36.42.026756Rochester, MN 5590112 Elton Hills Dr NWFirst Homes Properties04646T TO BEG LOT F44T TH WFN132T TH F44T TH EF132 TH SRUN46 T NW COR LOT E OF F-046 COM 748TATE PLT LOTS107-14-36 Y LANDS CITSECT-36 TWP-107 RANGE-014 / Certified:To be Assessed $774.10 74.36.23.026676Rochester, MN 55904201 4 St SECity Of Rochester022LOTS 22 23 24 AND 25 W OF RIV SEC 36-107-14PART OF AC -022 1.66 TATE PLT LOTS107-14-36 Y LANDS CITSECT-36 TWP-107 RANGE-014 City Lands 107-14-36 State Plt/ Certified:To be Assessed $1,542.88 74.36.42.002902Rochester, MN 559061305 2 St NEVaughn RHanson,0050022 BLK 5T LOLOT-002 BLOCK-005 ADD SSECT-36 TWP-107 RANGE-014 CARROLL'/ Certified:To be Assessed $470.64 74.36.42.002884Rochester, MN 55906-45321226 2 St NEOlsen,Sharon E00201313 BLK 2T LOLOT-013 BLOCK-002 ADD SSECT-36 TWP-107 RANGE-014 CARROLL'/ Certified:To be Assessed $1,013.42 74.36.42.002872Rochester, MN 5590611 Ave NE120 Kunze,Michael0020011 BLK 2T LOLOT-001 BLOCK-002 ADD SSECT-36 TWP-107 RANGE-014 CARROLL' AddCarrolls's Name & AddressTaxpayerLega l DescriptionProperty IDLotBlk Page 3 of 10 Assessment / Certification Roll 261/ Certified:To be Assessed $1,331.19 64.01.23.005680Rochester, MN 55903PO Box 6348LLCLegacy Property Investors 013110BLK 13T 11 LOBLOCK-013 11 0-PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $696.09 64.01.23.005678Rochester, MN 5590411 5 Ave SE6Maas,Jessica01300710 BLK 13T LOT FAND S 1 1/27 T LO-007 BLOCK-013 PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $425.26 64.01.23.005672Rochester, MN 55904415 7 St SE,ChristinaWalter013002LOTS 2 AND 3 BLK 13T F-002 BLOCK-013 W50PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $237.06 64.01.23.005671Rochester, MN 55904Ave SE625 5 ,Max RTuma0130022 BLK 13T LOT F-002 BLOCK-013 E82PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $916.56 64.01.23.005670Rochester, MN 55904Woodbine Ct SE6810 ARebekahShoemaker,013001BLK 131 T LO-001 BLOCK-013 PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $44.72 64.01.23.005668Oronoco, MN 55960Ave NW10800 3 Hawks Properties LLC012110BLK 12T 11 LOBLOCK-012 11 0-PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $406.20 64.01.23.005654Rochester, MN 55904-4821Ave SE604 6 Ortiz,Sandra P1100121112 BLK T LOT FW8811 0-012 BLOCK-PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $200.93 64.01.23.005653Rochester , MN 559041318 8 1/2 St SE Ste 1Partch,Elisabeth J11001011BLK 11 LOTS 10 AND W 1/2 11 0-010 BLOCK-PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $559.74 64.01.23.005651Plano, TX 750245600 Granite Parkway BlvdFederal National Mortgage1100101110 BLK T LOT FLESS N9 1/2E 1/2 11 0-010 BLOCK-PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $1,428.07 64.01.23.005647Rochester, MN 55904Ave SE615 7 Sabackic,Amir11000611BLK 6 11 LOT 0-006 BLOCK-PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $739.15 64.01.23.005550Rochester, MN 559062121 Northview Ln NEComfy Chalet LLC0030014 BLK 3T LO1/2 T S F1 AND E51T LOT F-001 BLOCK-003 E51PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 Add-Part TorrensEast Rochester's Name & AddressTaxpayerLegal DescriptionProperty IDLotBlk Page 4 of 10 Assessment / Certification Roll 262/ Certified:To be Assessed $737.81 64.01.23.005791Rochester, MN 55904Ave SE801 7 Espy,Aaron023110BLK 2311 T LOBLOCK-023 E 1/2 11 0-PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $1,796.09 64.01.23.005789Rochester, MN 55904Ave SE814 6 Lydia ChieuNguyen,023005BLK 235 T LO-005 BLOCK-023 PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $470.64 64.01.23.005788Rochester, MN 55904Ave SE812 6 Johnson,Shane J023008BLK 238 T LO-008 BLOCK-023 PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $1,405.80 64.01.23.005729Rochester, MN 55904Ave SE725 7 A-Z 322 6th St Se LLC0023 BLK 18T LOT F2 AND S5 1/2T LO-002 PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $929.99 64.01.23.005714Rochester, MN 55901-58082220 49 St NWSpitzack,Anthony D017002LOTS 2 AND 3 BLK 17-002 BLOCK-017 E 1/2 PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $1,028.10 64.01.23.005713Rochester, MN 55904517 8 St SECampbell,Michael J017002LOTS 2 AND 3 BLK 17-002 BLOCK-017 W 1/2 PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $765.96 64.01.23.005709Rochester, MN 55904Ave SE703 4 KayLimoges Opdahl,Jennifer 015110BLK 15T 11 LOT FBLOCK-015 E8211 0-PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $380.34 64.01.23.005707Rochester, MN 55904Ave SE707 4 Forland,Courtney01501010 BLK 15T LOT F-010 BLOCK-015 E82PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $1,297.82 64.01.23.005700Rochester, MN 55904Ave SE725 4 Murphy,Sean P015002BLK 152 T LO-002 BLOCK-015 PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $1,124.42 64.01.23.005695Rochester, MN 55902837 1 St SWA-Z 322 6 St Se LLC014010BLK 14T 11 LO10 AND E 1/2 T LO1/2 T E F-010 BLOCK-014 N20PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $667.39 64.01.23.005682Rochester, MN 55904410 6 St SEKlees,Thomas F013009LOTS 9 AND 12 BLK 13T F-009 BLOCK-013 E41PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 's Name & AddressTaxpayerLegal DescriptionProperty IDLotBlk Page 5 of 10 Assessment / Certification Roll 263/ Certified:To be Assessed $1,019.02 64.01.24.005779Rochester, MN 55902725 7 St SWEvans,Glenda022007BLK 227 T LO-007 BLOCK-022 PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $215.29 64.01.24.005778Rochester, MN 55904Ave SE815 8 ,Charity RuthTilbury022006BLK 226 T LO-006 BLOCK-022 PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $1,184.07 64.01.24.005764Rochester, MN 55904-7330Ave SE703 9 Sedarski,Christopher J020110BLK 20T 11 LOBLOCK-020 11 0-PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $394.87 64.01.24.005748Rochester, MN 55904Ave SE714 7 Lyle SManley,019008BLK 198 T LO-008 BLOCK-019 PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $91.13 64.01.24.005637Rochester, MN 55904Ave SE122 7 German,Donald010009BLK 109 T LO-009 BLOCK-010 PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $1,160.25 64.01.24.005628Rochester, MN 55906500 6 St NECamfam Properties LLC0100011 BLK 10T LOT F-001 BLOCK-010 W85PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $861.15 64.01.24.005616Rochester, MN 55904821 7 St SEMullenbach,Paul E009002THEREOF BLK 9T F6 LESS W65T LOT FLOTS 2 AND 3 AND S8.93T F-002 BLOCK-009 E67PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $2,202.60 64.01.23.077304Roc hester, MN 55904Ave SE810 3 RochestBethel Lutheran Church 026BLK 2611 115FT LOT 10 ALSO LESS ET E115FT LOT FN12.28-026 BLK 26 LESS PART TORREN BLOCKADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $3,010.43 64.01.23.005819Rochester, MN 55904-7363Ave SE801 4 Boos,Paula R026010BLK 26115FT LOT 11 10 AND E115FT LOT ET F-010 BLOCK-026 N12.28PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $978.75 64.01.23.005800Rochester, MN 55904Ave SE808 5 Lichty,Lindsay M024009BLK 249 T LO-009 BLOCK-024 PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $223.60 64.01.23.005799Rochester, MN 559014842 Bishop Ln NWFonder,Aaron Edward024008BLK 248 T LO-008 BLOCK-024 PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 's Name & AddressTaxpayerLegal DescriptionProperty IDLotBlk Page 6 of 10 Assessment / Certification Roll 264/ Certified:To be Assessed $45.56 74.36.13.014623Rochester, MN 559061208 7 St NEWinters,Richard C0045T LOT F4 AND W2T LOT F-004 E48AT LOTREPL AND HODGE MOHNSECT-36 TWP-107 RANGE-014 And Hodge ReplatMohn/ Certified:To be Assessed $207.56 64.01.31.009053Rochester, MN 55904-5071/2 St SE11 9 19,Rose MWeets0033T LOLOT-003 AT LEO HAR REPLSECT-01 TWP-106 RANGE-014 Leo Har Replat/ Certified:To be Assessed $212.63 11660064.01.31.Rochester, MN 55904Ave SE858 8 Timothy DHoven,0044T LOLOT-004 L SUB KUZESECT-01 TWP-106 RANGE-014 Kuzel Sub/ Certified:To be Assessed $1,442.15 11406074.36.12.Rochester, MN 559061357 Windbreak Ct NEJapa,Gopi00101515 BLK 1T LOSUB LOT-015 BLOCK-001 T SSECT-36 TWP-107 RANGE-014 KUMMERS 1/ Certified:To be Assessed $380.34 11395074.36.12.Rochester, MN 55906-4385Ave NE1209 12 Espelien,Kevin0010044 BLK 1T LOSUB LOT-004 BLOCK-001 T SSECT-36 TWP-107 RANGE-014 KUMMERS 1 Kummers 1st Sub/ Certified:To be Assessed $318.19 64.04.41.068352Rochester, MN 55902936 Fox Knoll Dr SWEnke,Michael0020011 BLK 2T LOLOT-001 BLOCK-002 3RD L FOX HILSECT-04 TWP-106 RANGE-014 Fox Hill 3rd/ Certified:To be Assessed $3,527.09 64.01.33.005947Rochester, MN 55904-5039Ave SE1046 6 BaptistRochester Community 0030183T THEREOF BLK F19 AND 20 LESS N 4518 AND LOTS T LOT FLOT-018 BLOCK-003 W38.2PARK ADD ELM SECT-01 TWP-106 RANGE-014 AddElm Park/ Certified:To be Assessed $298.12 64.01.24.005784Rochester, MN 55904Ave SE1244 6 ToddWillis,02211012 BLK 22T LOT FAND E42T 11 LOT FBLOCK-022 W4211 0-PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $193.78 64.01.24.005781Rochester, MN 55904Ave SE812 7 Anderson,Sarah M0220088 BLK 22T LOT F-008 BLOCK-022 S45PART TORREN LOTADD-T ROCHESTER EASSECT-01 TWP-106 RANGE-014 's Name & AddressTaxpayerLegal DescriptionProperty IDLotBlk Page 7 of 10 Assessment / Certification Roll 265/ Certified:To be Assessed $617.02 64.13.14.019405Rochester, MN 559041908 24 St SEBerns,Kari L00401515 BLK 4T LOSUB LOT-015 BLOCK-004 Pinewood 3rd Sub/ Certified:To be Assessed $458.12 73.30.32.018824Rochester, MN 55906-8006Ave NE1619 20 Knudson,Steve L0020066 BLK 2T LOSUB LOT-006 BLOCK-002 PARKWOOD HILLS SECT-30 TWP-107 RANGE-013 Parkwood Hills Sub/ Certified:To be Assessed $1,151.97 73.30.31.018945Rochester, MN 55906Ave NE1840 22 ,Nicholas J TrusteeSargent0020066 BLK 2T LO3RD SUB LOT-006 BLOCK-002 PARKWOOD HILLS SECT-30 TWP-107 RANGE-013 Parkwood Hills 3rd Sub/ Certified:To be Assessed $867.82 74.35.13.015619Rochester, MN 55903-6124PO Box 6124Schacht,Randy Lee0010044 BLK 1T LOLOT-004 BLOCK-001 RTHERN ADD NOSECT-35 TWP-107 RANGE-014 AddNorthern/ Certified:To be Assessed $394.69 64.01.22.015107Rochester, MN 55903PO Box 32Dashow,Ananita C052013BLK 5213 T LO-013 BLOCK-052 ADD LOTSSARGEANT' AND MORSESECT-01 TWP-106 RANGE-014 And Sargeants AddMorse/ Certified:To be Assessed $416.22 74.36.13.014614Rochester, MN 55904Campus Dr SE117 2Redevlp And Olmsted Co Housing010110BLK 10T 11 LOBLOCK-010 11 0SUB LOT- AND HODGE MOHNSECT-36 TWP-107 RANGE-014 / Certified:To be Assessed $1,076.43 74.36.13.014559Rochester, MN 55906-7133Ave NE728 13 Shamblin,Hannah J0080088 BLK 8T LOSUB LOT-008 BLOCK-008 AND HODGE MOHNSECT-36 TWP-107 RANGE-014 / Certified:To be Assessed $1,109.84 74.36.13.014530Rochester, MN 55906Ave NE727 12 Coronado,Reynaldo0050107 BLK 5T LO ALL AND10 T LOT FSUB LOT-010 BLOCK-005 N2 AND HODGE MOHNSECT-36 TWP-107 RANGE-014 And Hodge SubMohn's Name & AddressTaxpayerLegal DescriptionProperty IDLotBlk Page 8 of 10 Assessment / Certification Roll 266/ Certified:To be Assessed $501.84 74.36.14.020896Rochester, MN 559061801 7 St NEKoehler,Michael J0040099 BLK 4T LOLOT-009 BLOCK-004 T SUB SSECT-36 TWP-107 RANGE-014 SAUER'S 1/ Certified:To be Assessed $498.88 74.36.14.020850Rochester, MN 55906Ave NE705 16 Zaborowski Jr,Clarence C0010088 BLK 1T LOT FLOT-008 BLOCK-001 N44.38T SUB SSECT-36 TWP-107 RANGE-014 SAUER'S 1 Sauers 1st Sub/ Certified:To be Assessed $882.67 74.36.31.020078Rochester, MN 5590611 Ave NE225 AJadeLutzi,002110BLK 2T 11 LOBLOCK-002 11 0LOT-SECT-36 TWP-107 RANGE-014 RIESS' SUB Riess Sub/ Certified:To be Assessed $658.90 74.36.34.020165Rochester, MN 55906Ave NE205 9 Brandt,Jacquolyn0010022 BLK 1T LOLOT-002 BLOCK-001 SECT-36 TWP-107 RANGE-014 RIESS 3RD SUB / Certified:To be Assessed $696.09 74.36.31.020166Stewartville, MN 55976700 Lapoint Dr SEAnthony,Samuel C0010033 BLK 1T LOLOT-003 BLOCK-001 SECT-36 TWP-107 RANGE-014 RIESS 3RD SUB Riess 3rd Sub/ Certified:To be Assessed $844.63 74.36.31.020157Rochester, MN 55906903 5 St NEFox,Loryn0050011 BLK 5T LOLOT-001 BLOCK-005 SECT-36 TWP-107 RANGE-014 RIESS' 2ND SUB / Certified:To be Assessed $3,073.82 11102074.36.31.Rochester, MN 55906Ave NE415 10 ,JamesWebster00201414 BLK 2T LOLOT-014 BLOCK-002 SECT-36 TWP-107 RANGE-014 RIESS' 2ND SUB / Certified:To be Assessed $1,246.13 74.36.31.020109Rochester, MN 55906-4458Ave NE425 10 Aguero,William E00201212 BLK 2T LOLOT-012 BLOCK-002 E1/2 SECT-36 TWP-107 RANGE-014 RIESS' 2ND SUB Riess 2nd Sub's Name & AddressTaxpayerLegal DescriptionProperty IDLotBlk Page 9 of 10 Assessment / Certification Roll 267: 81Total Parcels Listed/ Certified:Total to be Assessed $67,109.48 / Certified:To be Assessed $537.06 11910264.01.31.Rochester, MN 55904-5063929 10 St SE,Bobby JWatson01010T LOT F-010 W45AT LOTREPL'S RVEMSHESECT-01 TWP-106 RANGE-014 / Certified:To be Assessed $1,248.66 11820264.01.31.Rochester, MN 55904Ave SE928 9 ASethHara,0011T LO-001 AT LOTREPL'S RVEMSHESECT-01 TWP-106 RANGE-014 Shervems Replat's Name & AddressTaxpayerLegal DescriptionProperty IDLotBlk Page 10 of 10 268 269 270 271 272 RESOLUTION273taxes.municipalassessments shall be collected and paid over in the same manner as other auditor to be extended on the property tax lists of the clerk shall transmit a certified duplicate of this assessment to the county 4.The years at an annual interest rate of 4.50 percent on the unpaid balance amortized.amount will be certified to the County Auditor to be spread on the tax rolls over 53.70352304Sidewalk Replacement and Repair;If prepayment is not made, the free period through December 31st of the next succeeding year. November 15, interest will be charged from the beginning of the 30-day interest free period to December 31 of the year of payment. If prepayment is made after to November 15, interest shall be charged from the beginning of the 30-day interest or thefirst installment thereof to the County Auditor. If prepayment is made prior day interest-free period is allowed any time prior to certification of the assessment auditor for collection (the 30-day interest free period). Prepayment outside the 30-Citythat the assessment is due and payable and set for certification to the county adoption of the assessment by the Common Council and written notice from the 55904. No interest is charged to a prepayment made within 30 days of both whose office is located at 201 Fourth Street SE, Room 135, Rochester, Minnesota 2.The owner of any property may prepay the entire assessment to the City Clerk it.the assessment levied againsthereby found to be benefited by the proposed improvement in the amount of roll for the lands named therein, and each tract of land therein included is a part hereof, is hereby accepted and shall constitute the speciaSuch proposed assessment roll, a copy of which is attached hereto and made 1.NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Rochester Sidewalk Replacement and Repair;and heard and passed upon all objections to the proposed assessments for70352304WHEREAS, pursuant to proper notice duly given as required by law, the council has met Assessing Unpaid Special Charges for Miscellaneous Assessments. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF274Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023. M 275 dnalhgiH(?PDG100-1202DC?nalP?tnempoleveD?lareneG?devorppA?-?gniteeM?licnuoC?:1202?,12?enuJ:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.sdoohrobhgieN?gnitsixE?fo?ytirgetnI?eht?gnicnahnE?dna ?ytilibaniatsuS?lacsiFfo?slapicnirP?eroC?nalP?evisneherpmoC?seveihca?dna?,timreP?esU?lanoitidnoC?laitnediseR?ecnamrofrePdna?,talP?yranimilerP?,nalP?tnempoleveD?lareneG?evitca?na?htiw?tnetsisnoc?si?no isividbus?desoporp?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?elbadroffAtnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.noissimbus?ralym?talP?laniF?eht?htiw?dedivorp?eb? llahs?deifsitas?neeb?evah?seef?tcejbus?gniton?ytnuoCdetsmlO?morf?noitatnemucoD?.noisiviD?SIG?gninnalP?ytnuoC?detsmlO?ot?diap?eb?llahs?seef?tcapmiSIG?noisividbuseR?dna?)talP?yranimilerP?tsriF?slliH?dn alhgiH(?slliH?dnalhgiH?ta?sdnoP?eht?rof?seef?tcapmi)SIG(?smetsyS?noitamrofnI?cihpargoeG?talp?yranimilerp?,talp?lanif?eht?fo?noitadrocer?eht?ot?roirP????.2?.gnidrocer?ot?roirp?ralym?talp?lanif?eht?nod etresni?eb?ot?deen?sknalb?htiw?talp?eht?no?detciped?stnemesae?rof?srebmun?tnemucod?dedrocer?ehT????.1?:snoitidnocgniwollof?eht?ot?tcejbus?,noisividbus?eht?fo?lavorppa?sdnemmocer?maeT?tnempoleveD?ytin ummoC?ehT.)2202(?timreP?esU?lanoitidnoClaitnediseR?ecnamrofreP?dna?,)2202(?talP?yranimilerP?,)1202(?nalP?tnempoleveD?lareneG?devorppaeht?htiw?tnetsisnoc?si?dna?syawdaor?etavirp?sedulcni?talP?laniF?eh T?.tol?aera?nommoc?eno?dna?stollaitnediser?ecnamrofrep?62?otni?serca?22.6?edividbus?dluow?taht?talP?laniF?a?gnisoporp?si?tnacilppa?ehT:evitarraN?tropeR.WN?evA?ht05?fo?tsew?dna?WN?tS?ts15?fo?htuos?det acol?,serca?22.6?no?tol?aera?nommoceno?dna?stol?laitnediser?ecnamrofrep?62?fo?noisividbus?eht?rof?,snoitidnoc?owt?htiw?,salliV?slliH?dnalhgiHfo?sdnoP?ehT?sa?nwonk?eb?ot?,TALP030-2202DC?.oN?talP?laniF ?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???2.GsalliV?slliH?dnalhgiH?fo?sdnoPehT?sa?nwonk?eb?ot?TALP030-2202DC?.oN?talP?laniF NOITCA?ROF?TSEUQER hguoeGcM?dnomseD:RETNESERPsgniraeH?cilbuP:NOIT CES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO3202?,9?yraunaJ:ETAD?GNITEE P 276 TALP030-2202DC?salliV?slliH?dnalhgiH?fo?sdnoP?-?noituloseRTALP030-2202DC?salliV?slliH?dnalhgiH?fo?sdnoP?-?stnemmoC?weiveRTALP030-2202DC?salliV?slliH?dnalhgiH?fo?sdnoP?-?sgnidniF?noisividbuSTALP 030-2202DC?salliV?slliH?dnalhgiH?fo?sdnoP?-?talPTALP030-2202DC?salliV?slliH?dnalhgiH?fo?sdnoP?-?paM?noitacifitoNTALP030-2202DC?salliV?slliH?dnalhgiH?fo?sdnoP?-?omeM?DC:stnemhcattA asoS?nosillA:yB?der aperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tcartnoC?renwO-ytiC?ro/dna?tnemeergatnempoleved?a?ni?deniltuo?eb?lliw?dna?repoleved?eht?fo?ytilibisnopser?eht?eb?lliw?sts oc?tnempoleved?llA:tcapmI?ecruoseR?&?lacsiF srenwoytreporp?gnirobhgien?ot?tnes?dna?repapswen?eht?ni?dehsilbup?eciton?gniraeh?cilbuP?:2202?,13?rebmeceD)tsriF?slliH?dnalhgiH(?TALP200-2202DC?talP?yranim ilerP?devorppA?-?gniteeM?licnuoC?:2202?,7?hcraM)evreser 277 approved by the City Council on November 14, 2022.Final Plat was ”Ponds of Highland Hills) residential development. “family-(attached singleperformance residential villa homes or twin home future development of reserved for028PLAT), which were to be -“The Ponds of Highland Hills” Final Plat (CD2022 D) within(Outlot NW, and west of 50th Avenue NW. This parcel was one of three 51st Street south of just acre property is located public utilities and community open space. The 6.22 performance residential lots and one common area lot for private street improvement, 26proposes development consisting of nds at Highland Hills Villas,Posubject final plat, The FINAL PLAT with the Final Plat mylar submission.be provided Documentation from Olmsted County noting subject fees have been satisfied shall shall be paid to Olmstead County Planning GIS Division. impact feesResubdivision GIS at Highland Hills (Highland Hills First Preliminary Plat) and for the Ponds preliminary plat GIS impact feesPrior to recordation of the final plat, 2. prior to recording. on the final plat mylar inserted need to berecorded document numbers for easements depicted on the plat with blanks The 1. :, with the following conditionsl: Development Review Team Recommendation are not part of the final plat review. as height and setbacks such Site design standard future development on adjacent land (a full list of findings are attached).ability for as lot size, vehicle and pedestrian connectivity and access, public utility needs, and the lots for conformance with lot development standards, such proposed boundaries of the : During the Final Plat review, City Council evaluates the physical What is Considered Final Plat: Application Type COUNCIL Cubed-Mark Welch, G Consultant: .Noble Development, LLC Property Owner: NW.NW and west of 50th Avenue The site is located south of 51st Street Location: into 26 performance residential lots and 1 common area lot. for 6.22 acres to be platted las by Noble Development, LLC., Hills VilPonds at Highland to be known as The PLAT 030-Plat #CD2022 Final Request: Rochester Community Development Prepared by: 2023, January 9 Rochester City CommunityDevelopment@rochestermn.gov Email: 2401-328-507 Fax: 2950-328-507 Phone: 7090-Rochester, MN 55901 4001 W River Parkway NW, Suite 100 City of Rochester, Minnesota 2 278required to install PSI in this area. Builders are upper 91 sures will range from 65 PSI to Static water pres. AreaWater System Northwest High Level This area is within the Presently, public facilities exist to service the site. Public Infrastructure: (Ponds of Highland Hills)residential -ched singledeta, x1-Zoned R West: 2; Stormwater retention facilities- South: Residential, Golf Course -1; Existing Detached Single- East: Highland Hills)residential (Ponds of amily f-detached singleMixed Single Family Extra, future , x1- North: Adjacent Land: 2, Low Density Residential. -The site is zoned R Zoning District: Rochester Land Use Map. The site is designated Low Density Residential on the Land Use Plan: DEVELOPMENT REVIEW .Villa home developmentthe of improvementfor the future onditional Use Permit recently approved Cand (Highland Hills First)t approved Preliminary Pla, approved Highland Preserve GDPthe consistent with plat are finalstreet layout, open space areas and lots of the subject proposed Thets. requiremenfor compliance with city 011CUP) -conditional use permit application performance residential December 2022, the City team reviewed and approved the In streets. via private provided y plat as 26 performance residential lots with access preliminarThe subject site was identified on the development.residential lla)(vi bay homefamily residential and -family residential, attached single-which included detached single ,. The preliminary plat encompassed a total of 130 residential lots”FirstHighland Hills “ for002PLAT) -022On March 7, 2022, the City Council approved the Preliminary Plat (CD2 development. identified on the approved GDP for performance residential “bay home” (villa) The subject site was .reserve GDPopment under the Highland Pof develone phase of he subject plat is part TNW on the west side. n the south side and 60th Aved NW oHigh Rn the east side, Valley e NW oboundary extends from 50th Avlan Pevelopment DGThe approved density residential and commercial develo-wloconsisting of in size, is 521 acres . The Highland Preserve GDP -(#CD2021Preserve development In June of 2021, City Council approved the General Development Plan for the Highland PLAT030-CD2022 3 279 Highland Hills” development. The local streets internal to recorded for the “Ponds at the Boulevard Tree Agreement ntage along Nobel Drive NW was addressed via street fro development’s frontage. Thefeet of -for every 50rate of 1 tree taresidential development on public streets -Boulevard trees are typically required in single Boulevard Trees: boundary of the wetland. delineatedconfirming the 18, 2022 uly was issued on J 005WET-R2022 applicationapproving Notice of Decision The . wetland areas adjacent for those the Local Governmental Unit for reviewsubmitted to ation and a mitigation plan wasdeline A subdivision. ”at Highland HillsPonds which is part of “ on the adjoining areasere are wetland hTnot in the Decorah Edge area. isproperty The subject Edge:Wetlands & Decorah .Ponds at Highland Hillsof dedication of Outlot G and H by the previousaddressed acres, which has been 0.63plat is subject thisrequired for dedication arkland Presently, the p . property ture park sitefu thefor the developerback to to Outlot G and H will be traded agrees thatdeveloper available, the become does tionfinal parkland locathe Once eveloper. not yet owned by the d , which isfinal parkrecorded prior to the availability of the to be plats Highland Preserve for The dedication of these outlots are recording the quitclaim deed. the process ofhe Parks and Recreation Department was in this memo, tAt the time of drafting . deedquitclaim via subdivision ”HillsPonds at Highland “H G and of dedicationed acceptand Recreation Team have sT land not yet owned by the developer. on he preferred location is situatedtprocess. However, suggested a preferred location for the park during the GDP Parks Department Development. TheHighland Preserve park will be required for the overall acre-22An estimated Parkland: this plat. There is an approved stormwater management plan for Grading & Drainage: than 80 PSI.by code for homes having static water pressure greater reducing devices near water meters as required -pressure PLAT030-CD2022 4 280 Recreation Department. within the development should be agreed upon with the City Parks and on for the future park Development. Prior to recording a Final Plat, the locatiAn estimated 22 acre park will be required for the overall Highland Preserve 7. recorded. streets in on the final plat for The Ponds at Highland Hills has been which addresses public tTree Agreemen Boulevard Green Facilities A be met. Prior to recording the Final Plat, the applicant’s boulevard tree obligation shall 6. .22-31-1566451 on 5-Recorded as Document A separated document that is recorded prior to final plat.NW. by conveyance via a .around is required at the end of Noble Dr-turnDedication of applicable easements, and construction of a paved temporary 5. .at Highland Hills ”Ponds“for platdepicted on the face of the as recorded and The easement w recorded prior to final plat and depicted on final plat.public road right of way by conveyance via a separated document that is locations where the proposed public sidewalk will not be located within the o the City, will be required for all A dedication of public easement, acceptable t 4. .2022-3-Notice to proceed issued 8 infrastructure to serve the property.site public easements, is required prior to construction of any public -offOwner Contract, and dedication of any applicable on and -City Execution of a 3. .2022 (Item F.18)-22-Approved by City Council on 8 portion of the General Development Plan area. adequacy of public facilities is required prior to Final Plat submittal for any Development Agreement to replace prior agreements and address A new 2. .2022-3-Approved by Public Works 8 approved, or approved with conditions, prior to submitting the Final Plat. status of the Grading and Stormwater Management Plan shall be The 1. below. identifiedas ”HillsPonds of Highland “applicable to approvalpreliminary plat 13 conditions of There were STATUS OF PRELIMINARY PLAT CONDITIONS: boulevard tree requirements. are not subject to development are private and this PLAT030-CD2022 5 281 Highland Hills” final plat. he plat of the “Ponds at depicted on the facThe easement was property located at 4815 50th Street NW (PIN 74.18.14.078024)Applicant shall establish a private access and utility easement for the adjoining 13. .-2022 for application R2022-18-dated 7received a Notice of Decision Wetlands delineation and a mitigation plan LGU and approved prior to submittal of the Final Plat.An updated wetland study is required to be submitted to the Olmsted County 12. Applicant has received approval from Olmsted County on private street determine name of private streets within the development.Applicant shall coordinate with Olmsted County Planning Department to 11. .was approved by Olmsted County“Ponds of Highland Hills” name to the satisfaction of Olmsted County Planning GIS Division.plat Plat name must be changed by removing “Highland” as first word of the 10. Complies protected with an automatic sprinkler system. turnaround may apply to the east private street if all homes on that street are ound as required in MSFC. An exception to the a fire apparatus turn arBay Home product, ends in two dead end streets. Both private streets require Fire Department Memo, dated Jan. 25, 2022. The private drive coming into the The development shall comply with conditions contained within the Rochester 9. .Rochesterwere deeded to the City of ”Ponds at Highland Hills“ ofOutlots G and H the final plat. a agreed upon prior to the recordation of for the Phase I plat within the park areThe developer shall dedicate via easement or deed the amount of land required 8. by Parks.developable land approved will be traded back to the developer for an equal area of Hills” Final Plat of the “Ponds of Highland In a future phase, Outlots G and H with Parks.as been reached An agreement for land dedication within the 53 acres h PLAT030-CD2022 6 282 Review Comments 4. Subdivision Findings 3. Plat ExhibitFinal 2. Notification Map 1. ATTACHMENTS City Council Summary above.the , as outlined in with conditions approvalThe Development Review Team recommends DEVELOPMENT REVIEW TEAM RECOMMENDATION: PLAT030-CD2022 5 283.0017-823 )705(40955 NM ,retsehcoR 001 etiuS ,ES rD supmaC 2212 ,noisiviD SIG tnemtrapeD gninnalP ytnuoC detsmlO eht yfitonesaelp ,pam siht nihtiw dnuof era seicnapercsid fI .niereh deniatnoc srorre ro snoissimo rof elbisnopser ton era ytnuoCdetsmlO dna retsehcoR fo ytiC ehT .tnemtrapeD tnempoleveD ytinummoC retsehcoR fo ytiC eht yb deraperp pam sihT.WN eunevA ht05 fo tsew dna WN teertS ts15 fo htuos detacol si etis ehT .tol aeranommoc 1 dna stol laitnediser ecnamrofrep 62 otni dettalp eb ot serca 22.6 rof ,.CLL ,tnempoleveDelboN yb salliV slliH dnalhgiH ta sdnoP sa nwonk eb ot TALP030-2202DC# talP laniF noipmaC kciN - 3 :draW licnuoC ytiC 2202/80/21 :etaD paM ETIS sreviRlecraP WORlecraP daoR etavirPemoH derutcafunaMlecraP dnaLtinU gnidliuB epyT lecraP slecraP stimiL ytiCreffub_tf005_salliV sdnoPlecraP_salliV sdnoPsdaorliaR dnegeL fo aerA noitacifitoN .tf 005 teeF006004,2002,10 tSrDWN nL nonnaCWN rD roirepuSWN nL dleifreppoCMWNlPnotgWN tS yrubsgniKWN dR ruhtrA gniKrwWN tS llavuDWN rD ruhtrA gniKeWN tS 65WN tS 15WN tS 5 www.ggg.to 284 FILE NO: 20-402 Chatfield, MN 55923 ENGINEERINGSURVEYINGPLANNING Ph. 507-867-1666Fax 507-867-1665 GRAPHIC SCALE 285 14070 Hwy 52 S.E.Chatfield, MN 55923 ENGINEERINGSURVEYINGPLANNING Ph. 507-867-1666Fax 507-867-1665www.ggg.to 1 IN = 30 FT( IN FEET ) 61.225 286 Comprehensive Plan. N. The proposed land subdivision is consistent with the standards of the City’s adopted developable for their designated pM. The soils, topography and water tables have been adequately studied to ensure that all lots are in an efficient manner on adjacent undeveloped lands. is designed in such a manner as to allow for continued development L. The proposed land subdivision on adjacent properties. K. The proposed subdivision will not have adverse impacts on the safety or viability of permitted uses systems that exceed adopted standards. impacts on the street, drainage, water or wastewater site -J. The proposed subdivision will not have off plans, policies and regulations. I. The proposed parks, trail thoroughfares and open space dedications are consistent with adopted et, utility, and drainage facilities needed to serve the development. constructing the streways and easements of adequate size and dimension are provided for the purpose of -of-H. The right consistent with the requirements of section 63.426. ion, if in a residential zoning district, addresses the need for spillover parking G. The proposed subdivis Capital Improvements Programs and the elements listed therein in the design of the subdivision. Range -year and other Long-F. The proposed land subdivision has taken into account the current six rea in each lot for planned uses. avehicular, service and emergency access, efficient utility service connections, and adequate buildable motorized vehicle, transit, -E. The lot and block layout provide for safe and convenient pedestrian, non traffic service standards in section 61.526. transportation plans and is consistent with the street layout standards listed in section 64.120 andmotorized system is consistent with adopted -D. The vehicular, pedestrian, transit and non stormwater policies. ter Management Plan or adopted drainage or Rochester and is consistent with the adopted StormwaC. The plan for soil erosion and stormwater management meets the adopted standards of the City of serve future development. proposed development and to provide for the efficient and timely extension to protection demands of B. The proposed water system and sanitary sewer system are adequate to serve the normal variances have been granted to permit any nonconformance. nance and A. The proposed land subdivision conforms to all relevant requirements of this ordi Subd. 2. The findings for the approval of a land subdivision are as follows: subdivision 2. ion if it determines the subdivision satisfies all of the findings provided in authorizing a land subdivisSubdivision 1. The Zoning Administrator, Commission or Council shall approve a development permit : Findings for Land Subdivision O. Any land located within the Special Flood Hazard Area as shown on 287 3. Adequate drainage is provided to reduce exposure of flood hazard. and constructed to minimize or eliminate flood damage;2. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and All such proposals are consistent with the need to minimize flood damage with the floodplain area; 1. U. Subdivision proposals must be reviewed to assure that: lower than two feet below the regulatory flood protection elevation. T. All subdivisions must have road access both to the subdivision and to the individual building sites no tting documents. on all required subdivision drawings and plaregulatory flood protection elevation and the required elevation of all access roads are clearly labeled S. For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the ation. District at or above the regulatory flood protection elevR. All lots within the floodplain districts are able to contain a building site outside of the Floodway Development Plan, Conditional Use Permit or Traffic Impact Study. oved and applicable General Q. The proposed land subdivision permit is consistent with any appr city or county ordinance. P. The proposed land subdivision, if approved, would not result in a violation of federal or state law, or manner consistent with this ordinance. ivision in a related risks to the health, safety or welfare of the future residents of the proposed subdformations with severe limitations for development, severe erosion potential, or any other floodplain ates the risks of flooding, inadequate drainage, soil and rock proposed subdivision adequately mitigFederal Emergency Management Agency, is determined to be suitable for its intended use and that the Boundary and Floodway Maps of Flood Insurance Study, Rochester, Minnesota, prepared by the the currently adopted Flood 288 There are no comments from this agency at this time.RPU Water Div 12/8/2022There are no comments from this agency at this time.RPU Operations Div 12/8/2022hed comment in Accela software.See attac Public Works 12/20/2022See attached comment in Accela software.Park and Rec 12/12/2022Agency did not submit comments. Closed By Script LGU 12/21/2022Agency did not submit comments. Closed By Script ire 12/21/2022 County Public Works 12/16/2022Agency did not submit comments. Closed By Script County Property Records 12/21/2022Agency did not submit comments. Closed By Script County Long Range Planning 12/21/2022fee issues exist.See attached final plat GIS referral document PondsOfHighlandHillsVillasFP_Referral.pdf County GIS/E911 12/21/2022 Building Safety 12/9/2022 030PLATCD2022Application No:Agency Review Comments of Page PM12/21/2022 9:36:40 289 Sent to Planning Department via Accela only Owner Contract and Development Agreement.-the aforementioned Citydressed in Development charges/fees applicable to the development of this Property are ad 6. 028PLAT).-(CD2022required public utility easements are included on the Ponds of Highland Hills final plat 028PLAT). Additionally, the -land Hills final plat application (CD2022the Ponds of HighOwner Contract for -The public infrastructure serving the property is part of the approved City 5. calculated and collected through the Building Permit review and approval process.l lot is subject to a Plant Investment Fee (PIF) that will be Development of each individua 4. property is subject to the terms of the Agreement.There is an executed Development Agreement for this property, and development of the 3. A Traffic Impact Study is approved for this application. 2. is approved for this application.The Grading and Drainage Plan 1. Other comments that are not conditions of approval: inserted prior to recording.document numbers for easements depicted on the plat with blanks need to be edThe record 1. Conditions of approval: :comments for this applications WorkThe following are Public development Ponds of Highland Hills Villasproposed the for PLAT300-2CD202 Final PlatThe Department of Public Works has reviewed the requested application for 12/22/22DATE: )D, Ponds of Highland Hills Subdivision Outlot( Final Plat Ponds of Highland Hills VillasRE Mark E. BakerFROM: 7090-Rochester, MN 55901 4001 West River Parkway NW, Suite 100 Community Development Jeff Feece 290 4.67 acres dedicated:Total 1.46 acres :Highland Hills Plat) (ponds of Outlot H 3.21 acres : Highland Hills Plat) (ponds of Outlot G ummarySParkland Dedication agrees the dedicated parcels will be traded for the new area.parkland location is available the developer developer. Once the area where the finalrecorded prior to the availability of the final park location in the area not yet owned by the outlots G & H being dedicated to satisfy parkland dedication requirements for plats P & R staff have agreed to accept occurs on land not yet owned by the developer.during the GDP process but a final location has not been agreed upon and this location overall development. The Parks Department suggested a preferred location for the park acre park will be required for the Based on the current approved GDP an estimated 22 • process of recording.Land has been dedicated via quit claim deed and is in the .recordation of the final plato land dedicated via deed prior trecommends that dedication requirements be met via: is .63 acres. The Park and Recreation Department Parkland required for this plat • IREMENTSUPARK DEDICATION REQ Fair market value of land……………………………………… .63 Dedication ……………………………………………………… .0244 y factor……………………………………………………Densit 26 Number of dwelling units……………………………………... 53.12 plat…………………………………………………. 030Plat-CD2022 Ponds of Highland Hills Villas RE: Community Development TO: November 17, 2022 DATE: REFERRAL COMMENTS FORM DEPARTMENT ROCHESTER PARK AND RECREATION @rochestermn.govjfeece 2853-273-507 Phone: 3769-55904 Rochester, MN 150 RoomSE, Fourth Street 201 Jeff Feece 291 Planning staff. Boulevard Tree Green Facilities Agreement is coordinate Community DevelopmentPayment Method is coordinated by the Parks Department staff (Jeff Feece), the plant the required trees within a certain period of time as outlined in the agreement. The city to Method in which case the owner/developer will enter into an agreement with the($391.25 per tree for 2022). Option B; Boulevard Tree Green Facilities Agreement Method in which case the City of Rochester Forestry Staff will plant the required trees Payment options will be used to meet their boulevard tree obligation(s). Option A;, the Owner shall determine which of the two available Prior to recordation of the final plat • 2515.-328-available through the Forestry Division at 507tion sheet is locational criteria, and site conditions. A boulevard tree planting informaAs part of the permit process Forestry staff will review the landscape plan for species, ulevard trees a tree planting permit (free) is required per the boulevard tree ordinance. boPrior to planting Boulevard Trees are required along public streets at 50’ on center. • ) –acres (4.67 2.28 future plats: Credit against .63 Villas: Highland Hills The Ponds of 1.76 Highland Hills: The Ponds of @rochestermn.govjfeece 2853-273-507 Phone: 3769-55904 Rochester, MN 150 RoomSE, Fourth Street 201 292 7958-Fax 507 328 •7100 -Phone 507 328 s/planningwww.co.olmsted.mn.u 4744-2122 Campus Drive SE, Suite 100, Rochester, MN 55904 EPARTMENT D LANNING P OUNTY C LMSTED O 7101-328-507 GIS Analyst / Addressing Dave McCollister To address issues listed above, please contact our office. All private street names have been verified. E911 addressing fees are required.and ,as shown on the plat submittal GIS Impact not Final PlatResubdivision GIS impact fees PONDS OF HIGHLAND HILLS preliminary plat GIS impact fees have not been paid. potential GIS, ROADWAY, or ADDRESS related issues are present shows the following:or to determine any existing FINAL PLATPONDS OF HIGHLAND HILLS VILLAS A review of the PONDS OF HIGHLAND HILLS VILLAS GIS REFERRAL RE: ADAM NOWINSKI CC: DAVE MCCOLLISTER FROM: NOBLE DEVELOPMENT LLC, MARK WELCH TO: , 2022DECEMBER DATE: FINAL PLAT REFERRAL PONDS OF HIGHLAND HILLS VILLAS AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Planning, Policy & Analysis :Land Use & Transportation •Addressing, Data & Mapping :eographic Information SystemsG County Building/Well/Sept ic :Environmental Safety • Permitting & Zoning nning:Current Pla RESOLUTION293be provided with the Final Plat mylar submission.Documentation from Olmsted County noting subject fees have been satisfied shall impact fees shall be paid to Olmstead County Planning GIS Division. at Highland Hills (Highland Hills First Preliminary Plat) and Resubdivision GIS 2.Prior to recordation of the final plat, preliminary plat GIS impact fees for the Ponds need to be inserted on the final plat mylar prior to recording.1.The recorded document numbers for easements depicted on the plat with blanks conditions:public purposes as shown on said plat are hereby accepted, subject to the following LLC., Applicant,is hereby approved, and all dedications of land or interests in land for TO BEKNOWN as “Ponds of Highland HillsVillas”, submittedbyNoble Development, covenants, easements, and restrictions of record.The above described parcel contains 6.22acres, more or less, subject to any on file at the office of the County Recorder, Olmsted County, Minnesota.All of Outlot “D”, PONDS OF HIGHLAND HILLS, according to the recorded plat thereofplat of lands in Olmsted County, Minnesota are to be known and designated as follows:Minnesota, that after a hearing duly noticed and held on January 9,2022, the following NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester, St NW, and west of 50th Ave NW.Open Space, Private Streetand Utility Purposes, Generally Located South of 51st6.22Acres Into 26 Performance Residential Lots and One Common Area Lot for HIGHLANAD HILLSVILLAS,by Noble Development, LLC., for the Subdivision of Approving FinalPlatNo.CD2022-030PLAT, To Be Known AsPONDS OF PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF294Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023. M 295 srobhgien?ot?tnes?dna?repapswen?eht?ni?dehsilbup?gniraeH?cilbuP?licnuoC?fo?ecitoN?:2202?,13?rebmeceDgniraeH?cilbuP?noissimmoC?gninnalP?:2202?,03?rebmevoNgniteeM?lanoitamrofnI?tnempoleveD?:2202? ,1?rebmevoN)CZ100-1102R(tcirtsiD?gninoZ?)lairtsudnI(?2M?eht?ot?lavorppA?dna?gniraeH?cilbuP?:gniteeM?licnuoC?:1102?,12?hcraM:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.ytilibaniatsuslacsif?gnizi sahpme?fo?slapicnirP?eroC?nalP?evisneherpmoC?eht?seveihca?tnemdnemA?gninoZ?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.gniraeh?c ilbup?eht?gnirud?tnemmoc?dedivorp?cilbupeht?fo?srebmem?oN?.omeM?tnempoleveD?ytinummoC?dehcatta?eht?ni?deifitnedi?sgnidnif?eht?no?desab,tnemdnema?pam?gninoz?eht?fo?lavorppa?dnemmocer?ot?0-7?detov?nois simmoC?gninnalP?eht?,gniteemnoissimmoC?gninnalP?,2202?,03?rebmevoN?eht?tA?.tnemdnemA?paM?gninoZ?eht?fo?lavorppa?sdnemmocertnemtrapeD?tnempoleveD?ytinummoC?eht?dna?noissimmoC?gninoZ?dna?gninnalP?retse hcoR?ehT.dettimrep?eb?regnol?on?lliw?sesu?yrtsudni?yvaeh?dnasesu?noitatropsnarT?daorliaR?.sesu?liater?dna?,sesu?eciffo?,sesu?secivres?lanosrep?,sesu?noitaercer?dnatnemniatretne?roodtuo?gnidulcni?-?et is-no?poleved?ot?dettimrep?eb?lliw?sesu?wen?fo?lufdnah?a?,devorppa?sitnemdnema?pam?gninoz?eht?fI?.erutan?ni?laicremmoc?si?hcihw?,aera?eht?fo?tnempoleved?gnidnuorrus?ehthtiw?elbitapmoc?si?dna?esU?dnaL ?lairtsudnI?gniylrednu?eht?htiw?tnetsisnoc?si?tnemdnema?pam?gninoz?ehT.)lairtsudni-laicremmoc(?1M?ot?)lairtsudni(?2M?morf?etis?erca-9.2?a?no?noitangised?tcirtsid?gninoz?eht?egnahc?ot?tnemdnemA?paM?gn inoZ?a?sesoporp?tnacilppa?ehT:evitarraN?tropeR.)lairtsudni-laicremmoc(?1-M?ot?)lairtsudni(2-M?morf?,WN?dR?ttocS?6502?ta?detacol?,etis?erca-59.2?a?no?noitacifissalc?pam?gninoz?eht?dnema?ot,CLL?,dnE?ts eW-pohS?ehT?yb?,CZ900-2202DC?.oN?tnemdnemA?paM?gninoZ?rof?ecnanidrO?na?gnivorppA:detseuqeR?noitcA???3.GCLL?,dnE?tseW-pohSehT?yb?CZ900-2202DC?.oN?tnemdnemA?paM?gninoZ NOITCA?ROF?TSEUQER hguoeGcM?dnomseD:RETNESERPsgniraeH?cilbuP:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO3202?,9?yraunaJ:ETAD?GNITEE F 296 CZ900-2202DC?tnemdnemA?paM?gninoZ?pohS?dnE?tseW?-?noissimmoC?gninnalPCZ900-2202DC?tnemdnemA?paM?gninoZ?pohS?dnE?tseW?-?stnemmoC?weiveRCZ900-2202DC?tnemdnemA?paM?gninoZ?pohS?dnE?tseW?-?tibihxE?g ninoZCZ900-2202DC?tnemdnemA?paM?gninoZ?pohS?dnE?tseW?-?evitarraNCZ900-2202DC?tnemdnemA?paM?gninoZ?pohS?dnE?tseW?-?paM?noitacoLCZ900-2202DC?tnemdnemA?paM?gninoZ?pohS?dnE?tseW?-?paM?noitacifitoNCZ900-2 202DC?tnemdnemA?paM?gninoZ?pohS?dnE?tseW?-?omeM?DC:stnemhcattA asoS?nosillA:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tcartnoc?renwO-ytiC?ro/dna?tnemeergatne mpoleved?a?ni?deniltuo?eb?lliw?dna?repoleved?eht?fo?ytilibisnopser?eht?eb?lliw?stsoc?tnempoleved?llA:tcapmI?ecruoseR?&?lacsi #CD2022 2971 District -present time. If the rezoning is approved, any of the uses permitted by the Mreview, the end users are unknown at the Development Plan application currently underaccommodate trade shop type users. While there is a trade shop building Site development, identified as West End Shops, is a trade shop condo facility intended to The applicant’s narrative indicates the proposed Industrial). -(Mixed Commercial1 -2 (Industrial) to M-The applicant is proposing to rezone approximately 2.95 acres of M BACKGROUND INFORMATION 1 zoning district.-the Mrecommends approval of the proposed zone change to Team Community Development Based on the findings below, Development Review Committee Recommendation: and parking, are not considered.building orientation, ment issues such as architecture, site layout, ite developThe end use of the site, and s Plan, and compatibility with surrounding development/future development.3 are satisfied. These criteria cover areas such as consistency with the Comprehensive criteria established in Section 60.338 Subdivision 2 & City Council evaluate whether the , the Planning Commission and During a Zoning Map AmendmentWhat is considered: AmendmentMap Zoning District Application Type: SUMMARYCITY COUNCIL .ChangeZone of the recommending approvalopment is ommunity DevelC . Industrial) -(Commercial1 -2 (Industrial) to M-acres of land from Mo rezone 2.95 , t.LLC West End,-ShopThe C byZ900-CD2022Zone Change Recommendation:Community Development Summary of Action: Action Items Vanessa Hines -Widseth Consultant: .LLC West End,-The Shop Owners:Property intersection of Scott Road NW and Commerce Drive NW.at 2056 Scott Road NW, 150 feet north of the The site is located Location: Industrial). -(Commercial1 -2 (Industrial) to M-acres of land from M rezone 2.95to .LLC West End,-The ShopZC by 009-Zone Change CD2022 Request: Rochester Planning and Zoning Commission November 30, 2022 ester Community DevelopmentRoch 1 CZ009- 2 298the Commission shall recommend for approval and the Council shall approve an Under the provisions of Paragraph 60.338 of the Rochester Land Development Manual AND FINDINGSANALYSIS development plan application approval.required prior to the approval of the trade shop site An approved stormwater, grading and drainage plan will be Grading & Drainage: NW and one full access to Scott Road NW. nd e full access to 22structure under review proposing oncurrently has a Site Development Plan for a trade shop condo the north and Scott Road NW on the southwest. The applicant Street NW on nd requiring a study. The subject site borders 22e threshold of traffic generation proposed change is below thStudy(TIS) is not required for this zone change to since the The Public Works Team has determined that a Traffic Impact Roadway & Access: 1, Costco-Wetland & conveyance channel , M2, Undeveloped City of Rochester Property -M : ZonedWest 2, The Reading Center (Dyslexia Institute)-: Zoned MSouth 2 with industrial uses- East: uses.2 with industrial -The property to the northeast is M Service Storage. 1 (Mixed Commercial/Industrial) with Self - North: Adjacent Land: 2 (Industrial). -The present zoning on this property is M Zoning District: Use Plan. This property is designated “Industrial” on the Rochester Land Land Use Plan: District is sought.Industrial) -1 (Mixed Commercial-2 (Industrial) District to M-Amendment from the Mright. Therefore, Zoning Map -by-personal service uses are not a permitted use2) business or -/personal service uses. Under the current zoning district, (MbusinessThe developer would like to expand the diversity of potential users to allow for under the common ownership of the buyers.individual owners. Common spaces will be maintained under covenants established do units, which are intended to be sold to currently under staff review, proposes 18 con017SDP), -could operate on site. The Site Development Plan application (CD2022 2 CZ009-CD2022 – 3 299 industrial complex. uses that are commercial in character. The area to the east is a large 2 industrial zoning, which is surrounded in three directions by -having Macre remnant property -However, this site only provides a small 3 buffers.subject site is not near residential and therefore does not needs residential buffers and landscaping to protect adjacent or nearby residential. The should be fairly flat or level, with enough land area available to provide industrial development e P2S comprehensive Plan identifies that areas of Th land for industrial purposes. use context of the site, it is not critical that the City preserve this piece of However, given the specific location and surrounding land for future needs.use inventory important for the City to strategically maintain industrial landprovide adequate separation and buffering from residential uses. locations to protect such areas from the intrusion of incompatible uses and ncentration of industrial use in a few major those objectives is to promote co Plan’s goals and policies are intended to meet several objectives. One of the city through land development policies and decisions. Application of the ial, commercial, institutional, natural, and recreational land uses in industreconomic opportunities and strive to achieve a balance between residential, transportation systems, and infrastructure are available to sustain The Comprehensive Plan notes that Rochester must ensure sufficient land, Transportation Plan; orRange Plan, Chapter 3 of the Housing Plan, and Chapter 10 of the ROCOG LongPlan as found in Chapters 2 and 3 of the Rochester Urban Service Area Land Use the proposed district better furthers the policies and goals of the Comprehensive consistent with the Plan, While both the present and proposed zoning districts are C. error;The area was originally zoned erroneously due to a technical or administrative B. Comprehensive Plan; area, as presently zoned, is inconsistent with the policies and goals of the The A. criteria:of the following onezoning map filed by formal petition. An amendment need only satisfy . The criteria of this subdivision apply to those amendments to the 60.338, Subd. 2 ):boldfollowing criteria (staff suggested findings are in he application requesting an amendment to the zoning map if the amendment satisfies t 3 CZ009-CD2022 – 4 300 are also found in industrial areas.oriented in character -industrial and highway-and other uses that are quasias warehousing, distribution centers, activity. Large footprint uses suchresearch and development, office, office/showrooms, and clean trade shops manner of manufacturing, assembly, fabrication, maintenance, repair, ‘Industrial”. This land use designation is characterized as providing all as The Comprehensive Plan Future Land Use Map identifies this area uses that surround the site.will have little impact or detriment to either existing commercial or industrial 1 commercial/industrial -facilities. This proposed rezoning of 3 acres to Mmwater or owned by the City for wetland conservation purposes or storZone Change and General Development applications has been developed, 2 Industrial in 2011. A majority of the area included as part of the 2011 -M1(mixed single family residential) to - The subject property was zoned one so as to encourage development or redevelopment of the area; orto rezThe area has changed or is changing to such a degree that it is in the public interest D. west and south of the property.designation when considering the existing commercial & office uses to the 1 zoning is likely the more appropriate zoning -text, Mland use, conindustrial development that surrounds the site. Considering the immediate land use inventory, nor is detriment to the immediate commercial or industrial/commercial capacity has no bearing on protecting the industrial ty or developed in light site is maintained as a heavy industrial properwith regard to ensuring a sufficient industrial land use supply. Whether this generally an insignificant part of the City’s land inventory of industrial land etwork and distance to the freeway, this site is uses, size, truck route nFrom a broader citywide perspective, given the context of surrounding feet to the south of the site.St. NW is located 600 th ton truck route transportation purposes. 19-St. NW are identified th ve, Valley High Drive and 19desirable. West Circle Driton truck route. Access to either rail or air transportation is also -9 or 10Industrial property should have relatively direct access to a truck weight. is map as being a street within the network, for any classification of on thSt. NW are identified nd It should be noted that neither Scott Road NW or 22Comprehensive plan, identifies the existing truck route network for the City. 45 of the Transportation Section of the -on a truck route. Figure 2ansportation facilities and generally prefer to be close as possible to major trrelatively close to the state highway facilities for an auto, industrial users Highway 14 with Highway 22 (West Circle Drive). While this distance he site is approximately a mile from the interchange of At it’s nearest point, t 4 CZ009-CD2022 – 5 3012 designation at -of Costco, which bordered properties with an existing M2 (Industrial) property included land to the north and east -and south. The Mincludes Costco and the surrounding commercial businesses to the west ned property 1 zo-2 (48.5 acres). The M-1 (54 acres) and M-Residential) to M1 (Mixed Single Family -application included the rezoning of 102.5 acres of R001ZC/GDP298) in 2011. This -Development Plan application (R2022was rezoned as part of larger Zone Change & General The subject parcel S S P S S S S S S S S Heavy Industry Railroad Transportation Retail (S, M, L) Office Financial Institution Business or Personal Service RecreationOutdoor Entertainment or EntertainmentAdult Public Park Funeral Home (UDC SI) 2 -M (UDC LI) 1 -M Commission ApprovalS= Staff Approval, P= Planning Use Development Code, which goes into effect January 2023.erences between what is permitted in the two districts per the Unified diffvariety of commercial uses. The chart below illustrates some of the 1 district permits a wider -generate significant adverse impacts. The Msuitable for a mixture of commercial and industrial uses, which do not proposed for the site is defined as being 1 zoning district -The proposed M Drinking and Entertainment. 2 zone, include Business and Personal Service, Retail Trade, and -M1, but not in the existing -and Wholesaling. Uses permitted in the proposed MLight Industrial, Office, Business Service, 2 include Heavy and-uses in the M2, Industrial. Some of the permitted -The current zoning designation is M 5 CZ009-CD2022 – 6 302west of the site has developed as retail, office, and mini storage or, restricted (45.7 ac / 94%). Property immediately to the north, south, and 1, or development -industrial use, was rezoned to M-developed as a nonrezoned in 2011 was either 2 designated property -Much of the 48.5 acres M remains undeveloped where the future user is generally unknown. 2 -Commerce Drive), north of Costco, of the 11 parcels originally zoned Macre parcel (SWC Scott Road & -vy industrial use. Only one 2.8as a hea2, none has been developed -Out of the 11 properties originally zoned to M property to the south is occupied by the Dyslexia Institute Reading Center. 2 -retention/conveyance purposes and/or wetland conservation. The Mby the City for stormwater service storage facilities or the land owned-selfof Scott Road, north of this site, all the properties have been developed as 003). On the east side -service storage (CD2020-1 for self-been rezoned to M004ZC). The property to the north of the site has -13a Hotel use in 2013 (R20-1. One parcel on the north of Costco was rezoned to M-rezoned to M005ZC) was recently - –One of those three remaining areas, (15 acres remains to be developed. e of three remaining areas of the 2011 project area that that time. This is on 6 CZ009-CD2022 – 7 3031 (mixed commercial /industrial) will not change -small parcel to allow for Mstorage uses. Changing of this -with development restrict parcels or miniom less intensive retail/commercial uses east has been relatively buffered fr2 industrial property to the -manner, it is consistent with those uses. The Mproperties to the west and south have already been developed in such mmercial, business service or personal service use is sought. Given that coThe subject site is proposed to be developed as trade shops, though free.-process involved is relatively clean and nuisanceprocessing, fabrication, assembly, or compounding of products where the 1 is Light Industrial, an establishment involved in the -Mmost intense use in minimum setbacks, more landscaping and less permitted floor area. The 1 zoning provides greater -2. M-1 are less intense than M-permitted in Mappropriate and compatible with adjacent properties. In general, the uses one change will be Community Development finds that the proposed z neighborhood; andon the subject property and compatible with adjacent properties and the The permitted uses allowed within the proposed zoning district will be appropriate A. following criteria:the allsatisfy the zoning map filed by formal petition. However, an amendment must The criteria of this subdivision also apply to those amendments to 60.338, Subd. 3. quality and quantity.while preserving habitat and protecting processes that maintain groundwater would provide for beneficial development that maintains typical urban density 59 and application of the site capacity calculation pursuant to Section 61.531 The area includes lands identified as Decorah Edge in accordance with Chapter E. to the east. operation of industrial facilities commercial development to the west or detrimental to the continuing change would not establish any use that is incompatible with the undeveloped properties will be used in the future. The proposed zoning cedence, on how will have little to no bearing, or establish any pre1 commercial/industrial -for industrial purposes. Ultimately, a change to Msite). Land to the east, with the exception of one parcel, has been developed tentially develop as an industrial use (2.8 acre GDP project area that could podevelopment restricted. There is only one remaining parcel in the 102 acre base. All immediately surrounding properties are developed, or is 2 industrial would have only nominal effect on the City’s industrial -as Macre site -important, Community Development notes that maintaining this 3While maintaining land inventory in the City for future industrial uses is established industrial area that is almost developed out. constricted (City owned). The property to the east is an development 7 CZ009-CD2022 – 8 304 Review Comments 5. Rezoning Exhibit 4. Narrative Applicant 3. Location Map 2. Notification Map 1. ATTACHMENTS 1 zoning district.-the proposed zone change to the Mof approvalBased on the above findings, Community Development staff recommends COMMUNITY DEVELOPMENT RECOMMENDATION There is only heavy industrial use to the east.In addition there is no heavy industrial uses to the south west or north. Street NW. nd d 221 parcels directly across Scott Road NW an-are existing Mland use. There Industrial zoning district is consistent with the underlying The proposed amendment does not involve spot zoning. The proposed of courts in this state.)legislation, or the decisions proposes set forth in this ordinance, the state enabling than that assigned to surrounding properties, for reasons inconsistent with the the classification of a single lot or several small lots to a district which is different ning. (Spot Zoning involves The proposed amendment does not involve spot zo B. in nature as opposed to industrial development.development on three sides which that can be characterized as commercial east. This site can be considered an infill property, which already has al uses to the the character of this area or negatively impact existing industri 8 CZ009-CD2022 – 1 305.0017-823 )705(40955 NM ,retsehcoR 001 etiuS ,ES rD supmaC 2212 ,noisiviD SIG tnemtrapeD gninnalP ytnuoC detsmlO eht yfitonesaelp ,pam siht nihtiw dnuof era seicnapercsid fI .niereh deniatnoc srorre ro snoissimo rof elbisnopser ton era ytnuoCdetsmlO dna retsehcoR fo ytiC ehT .tnemtrapeD tnempoleveD ytinummoC retsehcoR fo ytiC eht yb deraperp pam sihT..WN daoR ttocS6502 ta detacol ,lairtsudnI-laicremmoC dexiM 1-M ot ,lairtsudnI 2-M morf serca 59.2 no noitangisedtcirtsid gninoz eht egnahc ot ,.CLL dnE tseW-pohS ehT yb CZ900-2202DC # egnahC enoZ noipmaC kciN - 3 :draW licnuoC ytiC 2202/81/01 :etaD paM ETIS sreviRlecraP WORlecraP daoR etavirPemoH derutcafunaMlecraP dnaLtinU gnidliuB epyT lecraP slecraP stimiL ytiCreffub_tf009_MID dnE tseWlecraP_MID dnE tseWsdaorliaR dnegeL fo aerA noitacifitoN .tf 009 teeF514066,10380 41¤£22)"22)"WNerCedacsaCWN nL haimereJWN evA 63nLynattirwHWN tS 52WN tS 62WN tS 22WN tS 9 S 306 seliM120 noitacoL noitacilppAtimiL ytiC retsehcoR dnegeL ytinummoc resu SIG ehtdna ,srotubirtnoc paMteertSnepO )c( ,nimraG ,EREH ,irsE ,ytinummoCresU SIG eht dna ,srotubirtnoc paMteertSnepO )c( ,CCGN ,)dnaliahT(irsE ,aeroK irsE ,)gnoK gnoH( anihC irsE ,ITEM ,napaJ irsE ,naCRN,P TNEMERCNI ,pamretnI ,SGSU ,nimraG ,EREH ,irsE :secruo 307 nt to Section 61.531 would provide for application of the site capacity calculation pursuage in accordance with Chapter 59 and E. The area includes lands identified as Decorah Edent of the area. rezone so as to encourage development or redevelopmgree that it is in the public interest to D. The area has changed or is changing to such a de use. uses, which is consistent with the underlying land mits a wider variety of commercial surrounding developed parcels. The M-1 district peruses which is consistent with accommodate a mixture of commercial and industrial sed zoning of M-1 is intended to the negative externalities they generate. The propoth uses in other districts because of accommodate uses that are typically incompatible wi the M-2 district is intended to Additionally, the Land Development Manual indicates Street NW. th sites proximity to West Circle Drive and arrive by automobile which is consistent with this intended to accommodate users that located near arterials and major collectors and is n indicates this land use is typically is consistent with the M-1 zoning district. The plaail, office and employment uses which is characterized as providing a wide variety of retl & Business Development.” This use The land use plan identifies the site as “Commercia e Transportation Plan; or Housing Plan, and Chapter 10 of the ROCOG Long RangArea Land Use Plan, Chapter 3 of the in Chapters 2 and 3 of the Rochester Urban Service goals of the Comprehensive Plan as found proposed district better furthers the policies and icts are consistent with the Plan, the C. While both the present and proposed zoning distr a technical or administrative error; B. The area was originally zoned erroneously due toComprehensive Plan; th the policies and goals of the A. The area, as presently zoned, is inconsistent wi following criteria: petition. An amendment need only satisfy one of thethose amendments to the zoning map filed by formal Subd. 2. The criteria of this subdivision apply to (Mixed Commercial-Industrial) District. requested from the M-2 (Industrial) District to M-1 Zoning District Amendment of the parcel is uses are not a permitted use-by-right. Therefore, aoning district (M-2) business or personal service business/personal service uses. Under the current zy of buyers for the condos to include NW. The developer would like to expand the diversit Street nd cated at 2328 Scott Road NW and 3455 22several parcels in the subdivision to the north, los. The applicant owns and has developed established under the common ownership of the buyercommon spaces will be maintained under covenants units intended to be sold to individual owners and trade shop type users. The facility will have 18 Shop condo facility that is intended to accommodate Street NW. West End Shops is a trade nd of 22NW. The parcel is north of Scott Road NW and South 2.95 acres and is located at 2056 Scott Road The proposed development, called West End Shops, isDevelopment Summary: Approval Narrative and Suggested Findings for Subject: West End Shops - Zoning District AmendmentFrom: Vanessa Hines, PE ester To: Community Development Department - City of RochDate: November 2, 2022 MEMO SURVEYORS. SCIENTISTS. ENGINEERS. ARCHITECTS West Circle Boat & RV Storage 308 Street NW. nd oned M-1, in addition to the recently re-zoned parcel to the west is the Costco parcel, which is z assume that the next closest, developable, because of this proximity, that it is reasonable todetention pond and is undevelopable. It is 74.28.22.080104) which is utilized as a stormwater cent to the neighboring parcel to the west (PID uses. Additionally, the M-1 zoning district is adjaa mixture of commercial uses and industrial consistent with the land use plan by providing for lying Industrial land use classification is contiguous with another parcel zoned M-1, the under. While this parcel would not be The proposed amendment does not involve spot zoning te.) legislation, or the decisions of courts in this sta ses set forth in this ordinance, the state enablingproperties, for reasons inconsistent with the propoich is different than that assigned to surrounding a single lot or several small lots to a district whing. (Spot Zoning involves the classification of B. The proposed amendment does not involve spot zon developments. are consistent with the surrounding the same ownership. The uses proposed for this sitenter, and north is a self-storage facility under utilized for manufacturing, south is the Reading Ceor Rochester, the parcel to the east is the northwest is a vacant parcel owned by the City e M-1 zoning district. The parcel directly to located on the west side of Scott Road and is in thtible with adjacent properties. Costco is The proposed land use will be appropriate and compa d the neighborhood; and property and compatible with adjacent properties anoning district will be appropriate on the subject A. The permitted uses allowed within the proposed z all the following criteria: formal petition. However, an amendment must satisfyy to those amendments to the zoning map filed by Subd. 3. The criteria of this subdivision also applity and quantity. protecting processes that maintain groundwater qual density while preserving habitat and beneficial development that maintains typical urban Page 2 of 2 September 16, 2020 Memo 22ND STREET NW 309 USE: RESTAURANTZONE: M-1JLPB PROPERTIES LLCINSTITUTIONUSE: FINANCIALZONE: M-145083 1R LLCFAE HOLDINGSUSE: FAST FOODZONE: M-1ROCHESTER 36 NW LLCRYAN PROPERTIES OFTRADEUSE: RETAILZONE: M-1II LLCM&V SHERWINUSE: REGIONAL STORMWATER BASINZONE: M-1CITY OF ROCHESTERUSE: WAREHOUSEZONE: M-2NORTH TIER LANDCO LLCUSE: BUSINESS CENTERZONE: M-1CONCO CIC288 ASSOCTHE HIGHLANDS ON 19THUSE: RETAIL TRADEZONE: M-119TH AND SCOTT LLCUSE: CONVENIENCE RETAILZONE: M-1INVESTMENTSCONVENIENCE STORE NORTH200100( IN FEET )0 PROPERTY LOCATION SERVICESUSE: TRANSPORTATIONZONE: M-2LAIDLAW TRANSIT INCUSE: DAY CAREZONE: M-2MARLO LLCZONE: M-2ROCHESTERMAYO CLINICUSE: LIGHT INDUSTRYZONE: M-2ROCHESTERMAYO CLINICUSE: EDUCATIONAL SERVICESZONE: M-2DYSLEXIA INSTITUTE OF MN INCZONE: M-2CITY OF ROCHESTERUSE: LIGHT INDUSTRIALZONE: M-2C CAB PRODUCTS INCUSE: LIGHT INDUSTRIALZONE: M-2C CAB PRODUCTS INC Lot 1, Block 1, Northwest Commercial Center Seventh, Olmsted County, Minnesota REZONE DESCRIPTION SE1/4SW1/4 28 NE1/4NW1/4SEC. 28, T. 107, R. 14 VICINITY MAP M-2 - INDUSTRIAL DISTRICTINDUSTRIAL DISTRICTM-1 - MIXED COMMERCIAL USE: HOTELZONE: M-1STERLING HOSPITALITY LLCZONE: M-2NW INVESTMENTSUSE: SELF STORAGEZONE: M-1PROPERTIESTOWNERUSE: REGIONAL PONDZONE: M-2CITY OF ROCHESTERUSE: RETAILZONE: M-1CORPORATIONCOSTCO WHOLEZONED M-1)TO BE(PROPOSEDZONED M-2 PROPOSED REZONE INDEX LOT 1, BLOCK 1 - NORTHWEST COMMERCIAL CENTER 7TH 10/27/2022 11:03:48 AM Vanessa Hines Plotted by:J:\\s2s Architects LLC-46898\\2022-10703\\CADD \\Civil\\C-RZ-2022-10703.dwg WIDSETH2022© 36TH AVENUE NW19TH STREET NWCOMMERCE DRIVE NW32ND AVENUE NWSCOTT ROAD NW 310 There are no comments from this agency at this time. RPU Operations Div11/16/2022 sed By ScriptAgency did not submit comments. Clo Public Works Agency did not submit comments. Closed By Script Park and Rec Agency did not submit comments. Closed By Script LGU comments. Closed By ScriptAgency did not submit Fire agency at this time.minute response area of the RFD. There are no other comments from this -This property is within the 4 Fire11/14/2022 Agency did not submit comments. Closed By Script sCounty Public Work County Public Works11/10/2022 Agency did not submit comments. Closed By Script County Property Records Agency did not submit comments. Closed By Script County Long Range Planning Agency did not submit comments. Closed By Script County GIS/E911 Agency did not submit comments. Closed By Script Building Safety 009ZC-CD2022Application No:Agency Review Comments 2of 1Page 11/20/2022 7:21:19 PM 311 Agency did not submit comments. Closed By Script RPU Water Div from this agency at this time. There are no comments RPU Water Div Agency did not submit comments. Closed By Script RPU Operations Div 2of 2Page 11/20/2022 7:21:19 PM Jeff Feece 312 required.for residential purposes parkland dedication would be Should the property be developed • REQUIREMENTS 009ZC-CD2022 West End Shops RE: Community Development TO: , 2022November 8 DATE: REFERRAL COMMENTS FORM DEPARTMENT ROCHESTER PARK AND RECREATION @rochestermn.govjfeece 2540-328-507 Phone: 3769-55904 Rochester, MN 150 RoomSE, Fourth Street 201 1 313 otify the sender, delete the original message, and destroy all copies.mistake, please immediately nssage by This message may contain confidential or legally privileged information belonging to the sender. If you have received this me hereAgencyCounter ning up for You can check on the status of your planning application, building or trade permit, or rental application by sig linkfor guides on how to do this check out this , linkYou can now apply for building permits online by going to this Department is offering two new online services!The Community Development -NEW jnorman@rochestermn.gov Email 2622-328-507 Direct 4001 West River Parkway NW, Suite 100, Rochester, MN 5590 City of Rochester, Minnesota er Building Plan ReviewManag –Building Official Jerry Norman Building permit not required.CD2022-009ZC Subject:Community Development Department To:Thursday, November 10, 2022 7:39 AM Sent:Norman, Gerald From:Cooper, Maribeth 1 314 mndot.gov/ 3852 -259-C: 507 Rochester, MN 55901 Street NW 2900 48 Minnesota Department of Transportation Senior Planner | District 6 Tracy Schnell Thanks, Scott Road NW.Industrial, located at 2056 -1 Mixed Commercial-, to M2 Industrial-district designation on 2.95 acres from MWest End LLC., to change the zoning -009ZC by The Shop-Development application for Zone Change # CD2022 This proposal appears to have no significant impact on MnDOT roadways and is acceptable to MnDOT. password.\[EXTERNAL SENDER\]: Do not open links/attachments if uncertain about the sender and never give out your user id and Development Application CD2022-009ZC Subject:Lukes, Heather A (DOT); Schnell, Tracy (DOT)Cc:Community Development Department To:Wednesday, November 16, 2022 10:31 AM Sent:Schnell, Tracy (DOT) <tracy.schnell@state.mn.us>From:Cooper, Maribeth City Planning and Zoning Commission Minutes315 0 -Approved 7facts. Second by Commissioner Brimijoin. findings and n staff’s based o009ZC -Hossain to approve CD2022Motion by Commissioner Chair Schubring closed the Public Hearing. Commissioners questions. Vanessa Hines, Widseth, presented on behalf of the applicants and answered the Chair Schubring opened the Public Hearing. Vanessa Hines, Widseth, answered Commissioner’s question. presented the staff report. Desmond McGeough 2056 Scott Road NW.Industrial, located at -1 Mixed Commercial-2 Industrial, to M-designation on 2.95 acres from Mto change the Zoning District West End LLC,-009ZC by The Shop-Zone Change # CD2022 6 pm –2 220 November 30, Regular Meeting M 316.omeM?tnempoleveDytinummoC?dehcatta?eht?ni?deifitnedi?sgnidnif?eht?no?desab?,lavorppa?rof?0-7?detov?noissimmoC?gninnalPeht?,gniteem?,2202?,41?rebmeceD?eht?tA?.tnemdnemA?paM?gninoZ?eht?fo?lavorpp a?dednemmocertnemtrapeD?tnempoleveD?ytinummoC?eht?dna?noissimmoC?gninoZ?dna?gninnalP?retsehcoR?ehT.tem?era?sdradnats?ytiC?lla?dna?,detelpmoc?neeb?evah?noitaenileddnaltew?dna?nalP?gnidarG?eht?litnu?de ussi?eb?lliw?timrep?gnidliub?oN?.gnidarg?desoporp?eht?fo?tnetxe?ehtdna?sdnaltew?fo?noitacol?eht?mrifnoc?ot?weiver?rednu?yltnerruc?era?nalP?gnidarG?dna?noitaeniled?dnaltewA?.sdnaltew?etis-ffo?gnitsixe ?eht?tcapmi?ton?lliw?etis?eht?fo?tnempoleved?eht?dna?,sdnaltew?niatnoc?tonseod?etis?erca-26.0?eht?taht?detacidni?sah?dna?nalp?etis?desoporp?dna?stnemdnema?pam?eht?deweiversah?)UGL(?tinU?tnemnrevoG?la coL?ehT?.sdnaltew?dna?slios?nialpdoolf?sedulcni?aera?gnidnuorrus?ehT.tsae?dna?htron?eht?ot?sdoohrobhgien?laitnediserytisned-wol?gnidnuorrus?eht?htiw?elbitapmoc?si?sdradnats?gninoz?wen?eht?rednu?etis? eht?fo?esu?esnetnitsom?ehT?.tnempoleved?fo?egats?weiver?nalp?etis?eht?gnirud?deweiver?eb?lliw?tuoyal?etis?tcaxe?ehT.stol?eht?fo?ezis?llams?eht?no?desab?,teef?erauqs?000,02?tuoba?ot?detimil?eb?dluow?e gatoof?erauqs?gnidliublatot?eht?tub?,renwo?eht?yb?desoporp?si?tahw?dnoyeb?ytisned?lanoitidda?timrep?dluoc?etis?eht?fo?esu?erutufehT?.)latot?ni?stinu?21(?etis?eht?no?sgnidliub?ylimaf-itlum?tinu-xis?,o wt?sesoporp?renwo?ehT?.krap?cilbuperutuf?a?dna?,712?etuor?sub?fo?elim?flah?a?nihtiw?si?dna?,25?yawhgiH?fo?yaw?yb?retsehcoR?nwotnwodot?seitinutroppo?ssecca?sah?,ezis?ni?llams?si?etis?ehT?.3002?ni?dett alp?saw?ti?ecnis?tnacav?deniamer?sahtaht?etis?llifni?,llams?a?no?stinu?gnillewd?lanoitidda?fo?noitaerc?eht?timrep?lliw?tnemdnemA?paM?gninoZ?ehT.tnemdnema?pam?gninoz?eht?erofeb?no?detov?eb?dluohs?noit acilppa?APULehT?.)APUL500-2202DC(?laitnediser?ytisned-muidem?ot?l aitnediser?ytisned-wol?morf?esu?dnal?gnitsixeeht?egnahc?ot?tnemdnemA?paM?esU?dnaL?a?rof?tseuqer?a?htiw?yltnerrucnoc?gninnur?si?noitac ilppa?sihT.)laitnediser?ytisned-muidem(?3R?ot?)laitnediser?ytisned-wol(?2R?morf?etis?erca-26.0?a?no?noitangised?tcirtsid?gninoz?eht?egnahc?ot?tnemdnemA?paM?gninoZ?a?sesoporp?tnacilppa?ehT:evitarraN?t ropeR.)laitnediser?ytisned-muidem(?3R?ot?)laitnediser?ytisned-wol(?2R?morf?,ES?evAht63?114?dna?704?ta?detacol?,etis?erca-26.0?a?no?noitacifissalc?pam?gninoz?eht?dnema?ot?,noitcurtsnoCdnaloB?yb?,CZ800 -2202DC?.oN?tnemdnemA?paM?gninoZ?gnizirohtua?ecnanidrO?na?gnivorppA:detseuqeR?noitcA???4.GnoitcurtsnoC?dnaloByb?CZ800-2202DC?.oN?tnemdnemA?paM?gninoZ NOITCA?ROF?TSEUQER relhoM?toillE:RETNESERPsgnirae H?cilbuP:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO3202?,9?yraunaJ:ETAD?GNITEE D 317 CZ800-2202DC?tnemdnemA?paM?gninoZ?dnaloB?-?noissimmoC?gninnalPCZ800-2202DC?tnemdnemA?paM?gninoZ?dnaloB?-?stnemmoC?weiveRCZ800-2202DC?tnemdnemA?paM?gninoZ?dnaloB?-?evitarraN?tnacilppACZ800-2202D C?tnemdnemA?paM?gninoZ?dnaloB?-?tibihxE?snoitalugeR?esUCZ800-2202DC?tnemdnemA?paM?gninoZ?dnaloB?-?paM?gninoZCZ800-2202DC?tnemdnemA?paM?gninoZ?dnaloB?-?paM?noitacoL?etiSCZ800-2202DC?tnemdnemA?paM?gnin oZ?dnaloB?-?paM?noitacifitoNCZ800-2202DC?tnemdnemA?paM?gninoZ?dnaloB?-?omeM?DC:stnemhcattA asoS?nosillA:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tcartnoc?re nwO-ytiC?ro/dna?tnemeergatnempoleved?a?ni?deniltuo?eb?lliw?dna?repoleved?eht?fo?ytilibisnopser?eht?eb?lliw?stsoc?tnempoleved?llA:tcapmI?ecruoseR?&?lacsiF srobhgienot?tnes?dna?repapswen?eht?ni?dehsilb up?gniraeH?cilbuP?licnuoC?ytiC?fo?ecitoN?:2202?,13?rebmeceDgniraeH?cilbuP?noissimmoC?gninnalP?:2202?,41?rebmeceDgniteeM?doohrobhgieN?:2202?,72?rebotcO)laitnediser?ytisned-wol(?2R?ot?)ylimaf?elgnis?de xim(?1R?morf?tnemdnemA?paM?gninoZ?:7002)TALP120-2002R(?dettalp?noisividbuS?egdirbenotS?:2002:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.ytisrevid?gnisuoh?gnidnapxe?dna?ytilibaniatsuslacsif?gniz isahpme?fo?selpicnirP?eroC?nalP?evisneherpmoC?eht?seveihca?tnemdnemA?gninoZ?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?elbadroffAtnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?se itiroirP.dnalkrap?doohrobhgiendna?ytivitcennoc?klawedis?ni?spag?dna?,laitnetop?emirc?,htron?eht?ot?doohrobhgien?eht?ni?gnidoolf?gnitsixehtiw?snrecnoc?deifitnedi?ytinummoc?eht?fo?srebmem?,gniraeh?cilb up?noissimmoC?gninnalP?eht?gniru 318The applicant is concurrently seeking a Land Use Plan Amendment to redesignate the 3 Medium Density Residential District. -2 Low Density Residential District to R-from Re the subject properties The applicant is requesting a Zoning Map Amendment to rezon unit apartment buildings, one building on each parcel. -review for two four029SDP) under -Site Development Plan application (CD2022 licant currently has aappZoning District Standards Table). The 2 General-of four units per lot (see LDM 62.231 Rzoning district allows a maximum Low Density Residential 2 -Density Residential. The R2 Low -Ave SE. The properties are currently zoned R th located on the west side of 36and are ,acres in size when combinedThe subject properties are approximately 0.62 SUMMARY AND BACKGROUND INFORMATION Approval: Development Review Team Recommendation Rochester City CouncilApproval Body: t are not criteria for consideration of a Zoning Map Amendment application.developmenlandscaping, open space, site parking, screening and the aesthetic character of the Site development issues such as architecture, site layout, building orientation, site development and future development.Plan and compatibility with surrounding consistency with the Comprehensive Section 60.338 Subdivision 2 & 3 are satisfied. These criteria cover areas such as Zoning Commission and City Council evaluate whether the criteria established in During the Zoning Map Amendment review, the Planning and :What is Considered Zoning Map Amendment: Application Type COUNCIL COMMISSION AND Cubed, Mark Welch-G Consultant: Boland Construction, Ryan Boland :sOwner th 1 36The subject properties are located at 407 and 41 Location: 005LUPA.-Residential District. This request is concurrent with CD20223 Medium Density -2 Low Density Residential District to R-from Racre site -Classification of an approximately 0.62the Zoning Map 008ZC is a request to change -Zoning Map Amendment CD2022 Request: Rochester Community Development Prepared by: 2022, 14 DECEMBER PLANNING COMMISSION TER ROCHES CommunityDevelopment@rochestermn.gov Email: 2401-328-507 Fax: 2950-328-507 Phone: 7090-Rochester, MN 55901 4001 W River Parkway NW, Suite 100 City of Rochester, Minnesota 2 319 e property is unimproved.Residential. Th-1 Mixed Single-properties is zoned RThe property to the west of the subject : West Service Campus District.properties is zoned MRD Education and Public The property to the south of the subject : South es are platted and built.Residential. Properti-1 Mixed Single-properties are zoned RThe properties to the east of the subject : East Residential. Properties are platted and built.-1 Mixed Single-properties are zoned RThe properties to the north of the subject North: Adjacent Land: Density Residential (LDR). The subject properties are currently designated as Low Land Use Plan: DEVELOPMENT REVIEWCOMMUNITY “*” = Reference to Additional Regulations “C” = City Council Approval “P” = Planning Commission Approval “S” = Staff Approval districts.(Red) 3 -and R (Orange) 2-both the Ran idea of what is allowed in Chapter 60.300 “Use Regulations” of the Unified Development Code to give Table” from 1 “Allowed Uses -Table 300.01a portion of An attachment to this staff report includes if the LUPA and Zone Change are approved.3 Medium Density Residential District can be developed on the subject prope-the Rt should be noted that any allowable use within iunit apartment buildings, -unit or two six-two fourlan under review showing PEven though the applicant has a Site Development be altered into livable units. not each building could apartments included in each buildings’ basement. If not approved, the basements of remain the same as shown in the submitted Site Development Plan, with two additional would sunit apartment buildings, one building on each lot. The building blueprint-sixtwo Along with the zoning map amendment, the applicant proposes the construction of m Density Residential subject properties from Low Density Residential (LDR) to Mediu 5-CD2022 3 320they were to be units located on these properties if 25anywhere between 20 and 3 district is 1.5. Between the two buildings proposed, there could be -The FAR for the R is restricted by the Floor Area Ratio (FAR). Unified Development Code, densityUnder the ial projects. District, but also permit greater density for multifamily resident2 Low Density Small Lot -are permitted. These uses may include those like the R residential uses and civic uses, consistent with the character of the area-supportive nondevelopment. Certain density re-areas where there is a need to encourage higherdensity -density areas or existing low-residential dwellings. It is appropriate for mediumResidential. This district is intended to maintain and promote predominantly multifamily 3 Medium Density -RIf approved, the subject properties will be rezoned to the :(UDC) 3RProposed Off Street Parking: one per unit (efficiencies/one bedrooms) Maximum Height: 35 feet Minimum % Landscape Area: 42% maxDensity: three and four plex :trict Standards)General Zoning Dis2 -(see LDM Chapter 62.231 R 2 District-for multifamily residential projects in the RThe following requirements must be met s up to a maximum of four units per lot. permit2 Low Density Residential District -(LDM) Development ManualPer the Land fourplexes, and congregate housing. These uses may include duplexes, triplexes, the Land use Plan, are provided for. nonresidential uses, and compatible infill development, consistent with the policies of e. Certain supportive family us-family detached dwellings to low density multi-overall low density, or which are undergoing a conversion from predominantly singlemaintain and promote areas with a mixture of residential dwelling types that are of an This district is intended to 2 Low Density Residential. -The property is currently zoned R Current Zoning SITE SUMMARY AND DISTRICT COMPARISON the LGU.identified within the site and are currently under review by Two small wetlands are . or Decorah Edge study area, shoreland, The property is not located within floodplain Edge:Wetlands & Decorah proposed development.n adequate for future all existing public facilities remaiDevelopment Review Team has determined that until the subject properties. Development will not be permitted storm water management facilities) exist to service the Public facilities (roadways, sanitary sewer, water, and Public Infrastructure: 5-CD2022 4 321 building (~7,000/floor) One 23,302 sq ft Potential: sq ft buildings 3532Two Proposed: Above ground Parking Parkingund Undergro Bldg.Story -3 2 1Bld Parking following criteria: ONEzoning map filed by formal petition. An amendment need only satisfy The criteria of this subdivision apply to those amendments to the .60.338 Subd. 2 ):boldthe following criteria (staff suggested findings are in an application requesting an amendment to the zoning map if the amendment satisfies the Council shall approve Manual, the Commission shall recommend for approval and Under the provisions of Paragraph 60.338 of the Rochester Land Development ZONE CHANGE MAP AMENDMENT REVIEW District:3 -RBelow is an example of what is being proposed and what could be built in the unit dwelling Parking: one perOff Street feet 48Maximum Height: %35Minimum % Landscape Area: required landscaping area)Density: limited by the 1.5 FAR and other applicable restrictions (setbacks, :(see UDC Chapter 60.400.070 Site and Building Design) projects3 -ts in the RThe following requirements must be met for multifamily residential projec unit apartment buildings.-pursuing anything denser than the proposed four or sixThe applicant has not indicated they will be setbacks, and required parking minimums.size, required itsHowever, the site is limited by buildable area of 7,650 square feet. This assumes each lot is 13,501 square feet in size and each have a 3. -rezoned to R 5-CD2022 5 322 properties and the neighborhood; and e on the subject property and compatible with adjacent appropriatthe permitted uses allowed within the proposed zoning district will be A. the following criteria:of ALLthe zoning map filed by formal petition. However, an amendment must satisfy The criteria of this subdivision also apply to those amendments to 60.338, Subd. 3. that maintain groundwater quality and quantity.typical urban density while preserving habitat and protecting processes beneficial development that maintains Section 61.531 would provide for Chapter 59 and application of the site capacity calculation pursuant to the area includes lands identified as Decorah Edge in accordance with E. area; orredevelopment of the as to encourage development or public interest to rezone so the area has changed or is changing to such a degree that it is in the D. ice frequency of once an hour. servruns from 5:02 am to 7:00 am and again at 3:17 pm to 6:17 pm with a ginning and ending in downtown Rochester. The line commuters, beapproximately 300 feet from the site. This bus line services bus line. This bus stop is -Ave SE with service for the 217 th There is an existing bus stop at the corner of Sheffield Ln and 36 the community. ity in housing stock in this area of would allow for a greater divers. If approved, the request affordable housing (Goals and Policies 2.1)allow this project to support fair and equal access to adequate and Rochester’s housing diversity and supply. This zoning district may by increasing the . Specifically,of the Comprehensive PlanThe new zoning district would better further the policies and Chapter 10 of the ROCOG Long Range Transportation Plan; orUrban Service Area Land Use Plan, Chapter 3 of the Housing Plan, and Comprehensive Plan as found in Chapters 2 and 3 of the Rochester the the Plan, the proposed district better furthers the policies and goals of while both the present and proposed zoning districts are consistent with C. error.administrative the area was originally zoned erroneously due to a technical or B. Plan.sive of the Comprehenthe area, as presently zoned, is inconsistent with the policies and goals A. 5-CD2022 6 323for Zone Change Map Amendment. The the Rochester Land Development Manualprovisions of Paragraph 60.338 of This request was reviewed in accordance with the STAFF RECOMMENDATION family neighborhood. -creates a natural buffer between this site and the nearby northern This developed in the future due to environmental constraints. subject parcels) contains wetlands and will most likely not be rty (north and west of the residential. The closest abutting propeand zoning are consistent with the neighboring areas as they too are affordable housing choice. Both the proposed change in land use increase in housing diversity to further promote adequate and entially allow for an defined as spot zoning. The request would potbe Based on these criteria, this Zoning Map Amendment property.zoning ordinance of either the rezoned plot or abutting Dramatically reduces the value for uses specified in the - larger zoned district; oruse within a surrounding uses and creates an island of nonconforming Establishes a use classification inconsistent with - public welfare; orHas no supporting rational basis that relates to promoting - the rezoning of a small parcel of land that:by Per the League of Minnesota Cities, spot zoning is characterized enabling legislation, or the decisions of courts in this state.)inconsistent with the proposes set forth in this ordinance, the state n that assigned to surrounding properties, for reasons which is different thainvolves the classification of a single lot or several small lots to a district the proposed amendment does not involve spot zoning. (Spot Zoning B. subject properties.new Site Development Plan if they are to increase density of the Site Development Plan process. The applicant will need to submit a. The neighborhood protections would be addressed during the sitesbetween potential negative impacts which actively work to buffers Unified Development Code includes neighborhood protectionThe residential focused uses that would fit in the surrounding area.compatible residential districts. The proposed zoning district allows zoning districts are 3 Medium Density-Low Density Small Lot and R1 -RThe other residential zoning districts. and will be surrounded by properties. This property would remain a residential zoning district If approved, the zoning district would be compatible with adjacent 5-CD2022 7 324 Use Regulations TableUDC 7. Development Informational Meeting Minutes 6. Referral Comments 5. Applicant Narrative 4. Permitted Uses 3. Zone Change Map Amendment Exhibit 2. Notification Map 1. ATTACHMENTS Council Summary above. Commission & the of the zone change, as outlined in approvalDevelopment Review Team recommends 5-CD2022 C 325 on the west side of 36th Avenue SE.Medium Density Residential (MDR) The property is located 400 feet south of Bridgeview Drive SE , Comprehensive Plan Land Use designation of 0.62 acres from Low-Density Residential (LDR) to Land Use Plan Amendment #CD2022-005LUPA by Boland Construction, to change the ofAreaNotificationft.600(507) 328-7100.notify the Olmsted County Planning Department GIS Division, 2122 Campus Dr SE, Suite 100 Rochester, MN 55904County are not responsible for omissions or errors contained herein. If discrepancies are found within this map, pleaseThis map prepared by the City of Rochester Community Development Department. The City of Rochester and Olmsted City Council Ward: 5 - Shaun Palmer Map Date: 10/06/2022 SITE RiversROW ParcelPrivate Road ParcelManufactured HomeLand ParcelBuilding Unit Parcel Type Parcels City LimitsStonebridge DIM_600ft_bufferSto nebridge DIM_ParcelRailroads Legend Feet3351,3406700¤£¤£9)"PdoES rD enilegdiRES nL eromhtartSE dR weiV egello Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P,326 Miles120 Application LocationRochester City Limit Legend Ü Location Map the GIS user communityCommunity, Esri, HERE, Garmin, (c) OpenStreetMap contributors, and(Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS UserNRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri 327 Chapter 60.300 328 60.300.020B.5Section S S S S S S S S S S P *S *S P P* P* Nursing Home S S S S S S S S S S S S S Dwelling UnitMedical Stay 60.300.020B.1ion Sect P P P Dormitory 60.300.020B.1Section S S S S S S S S S S S S S S S HousingCongregate Group Living 60.300.020B.4Section P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* Home ParkManufactured 60.300.020B.2Section S S S S S S* S* S* S* S* Development S S S S S S S S S S S Live/WorkDwelling, 60.300.020B.3Section *S *S *S *S *S *S *S *S *S *S *S *S *S *S MultifamilyDwelling, S S S S S S S S S S S S S S Dwelling, Triplex S S S S S S S Same Lot S S S S S S S S S S S S S S S S S Home-Dwelling, Twin S S S S Family Detached-Dwelling, Single Business Medial Fringe Village Node Corridor StandardsSpecific -Use SI LI BP D-MX T-MX I-MX G-MX C-MX S-MX N-MX 4-R 3-R 2x-R 2-R 1-R AG applicable)(where subdistricts and Zoning districts tial-Residen-Non Mixed Use Agricultural specific standards apply-; Blank cell = prohibited; Uses with an * = useA = accessory use; T I = interim use; S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; Allowed Uses Table 1-300.01Table Allowed Uses Table 3. at the time the use is established. permit approval, license, or ederalfor permit to operate are required to have that local, state, or government to have an approval, license, eraledfany local, state, or yAll uses required b 2. 90 7, 2022Adopted September Unified Development Code Rochester, Minnesota Relation to Local, State, or Federal Laws: Section 60.300.010D oductionIntr Section 60.300.010 Use Regulations: Chapter 60.300 329 60.300.020C.10Section S S S S S S S S S S S *S P* P* P* P* P Social Services 60.300.020C.9Section P* P* P* P* P* P* P* S* S* S* S* S* S* School P S S S S S S S S S S S S S S S S S S S Public Park .300.020C.860Section S* S* S* S* S* S* S* S* S* S* S* S S S S S S Place of Worship 60.300.020C.7Section S S S S S S S S S S S* P* P* P* P* P* Medical Facility 60.300.020C.6Section S S S S S S S* S* P P P Funeral Home 60.300.020C.5Section S* S* S* P* P* P* P* P* P* S* S* S* P* P* P* P* P* P* P* P* ServiceEmergency 60.300.020C.4Section P* P* P* S* S* S* S* S* S* S* S* S* S* S* P*S/ P*S/ P*S/ P*S/ P*S/ PS/ Day Care Facility C C C C FacilityCorrectional 60.300.020C.3Section S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* GardenCommunity 60.300.020C.2Section *S *S *S *S *S *S *S *S *S *S *S *P *P *P *P *P *P Community Center P P P P P P P P P P P UniversityCollege or 60.300.020C.1Section P* P* P* P* P* P* Cemetery S S S S S S S S S S S S S P P P P LibraryMuseum, and Art Gallery, Public, Institutional, and Civic Uses 60.300.020B.7Section S* S* S* S* S* S* S* S* S* S* S* P*S/ P*S/ P*S/ P*S/ P*S/ FacilityResidential Care 60.300.020B.6Section C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* Housing Transitional Offender Business Medial Fringe Village Node Corridor StandardsSpecific -Use SI LI BP D-MX T-MX I-MX G-MX C-MX S-MX N-MX 4-R 3-R 2x-R 2-R 1-R AG applicable)(where subdistricts and Zoning districts tial-Residen-Non Mixed Use Agricultural specific standards apply-; Blank cell = prohibited; Uses with an * = useA = accessory use; T I = interim use; S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; Allowed Uses Table 1-300.01Table 91 7, 2022Adopted September Unified Development Code Rochester, Minnesota Relation to Local, State, or Federal Laws: n 60.300.010DSectio Introduction Section 60.300.010 Use Regulations: 330 Principles and Goals of the P2S 2040 Comprehensive Plan and 7. The proposed Future Land Use Map amendment is consistent with and will help further the Vision, benefit without taxing public infrastructure. It is the highest and best use of the property. rezone to allow a total of 12 units versus the currently allowed 8 units will have a net positive tax . The 6. The fiscal impact of the proposed amendment is judged to have a positive net benefit to the community have an impact on the supply of MDR property available. The addition of 0.62 acres to the MDR zone will not the area in question is currently planned for.5. The proposed redesignation will not adversely affect the supply of land designated for the type of land use last 20 years. commencing. There are no other natural features of merit within the site which was graded within the project is suitable for the lot. A No-Loss application will be processed prior to excavation work A wetland delineation within the property and on the adjacent City lands confirmed the development.4. An assessment of natural features on the proposed site has found that that site is suitable for urban no added costs to the public. The developer fronts the costs of the improvements required. proposed for rezoning have access to municipal utilities and direct access to 36th Ave SE so there are The two lots infrastructure as a result of the proposed land use change have been considered.3. The impact of and cost to municipal or regional utility agencies and on existing road and transit intersection of Sheffield Lane and 36th Ave SE. The site is just 250 feet from a pickup point on route #217 at the Transportation Framework.2. The proposed amendment is consistent with the goals and strategies of the Integrated Land Use and site. In reviewing the City zoning map, there are no R-3 zoned properties within 2/3 of a mile of the project market rate apartments due to the proximity to the Olmsted County, Olmsted Medical and RCTC sites. to MDR, a market analysis has not been completed. It is known that there is a need for affordable Due to the small size of the land proposed for rezoning the City with costs covered by the applicant.proposed type of land use as evidenced by a detailed and objective market analysis commissioned by 1. The proposed amendment will address an unanticipated shortage of land designated and available for a All Future Land Use Map amendments shall be evaluated for consistency with the following criteria: Criteria inquiries are in italics, responses and comments are in standard text. Land Use Plan Amendment criteria for the proposed rezone of Block 7, STONEBRIDGE ADDITION. for a Land Use Plan Amendment from Low Density Residential to Medium Density Residential. would support the construction of six unit apartment buildings, one on each lot. With the rezone is the need 407 and 411 36th Ave SE, Rochester, MN 55904. The owner is requesting a rezone from R-2 to R-3 which and 63.05.21.070542. The property is platted as Lots 1 and 2, Block 7, Stonebridge. The Site has addresses of Please accept this application for a Land Use Plan Amendment for the property with PIN’s of 63.05.21.070543 Dear Planners, RE: LUPA from Low Density Residential to Medium Density Residential Rochester, MN 55901 4100 West River Road Community Development November 22, 2022 www.ggg.to ¨ Fax 507-867-1665 ¨Phone 507-867-1666 14070 Highway 52 Southeast, Chatfield, Minnesota 55923 PLANNING SURVEYING ENGINEERING a. Will not compromise the direction of the plan to create an integrated land use and transportation vision 331 adjacent non-residential use which predominates in the area. available. c. Access to passive or active public park space meeting the service standards of the City Park Plan is facilities and safe access to the city’s network of off-road trails and paths is available. b. Connection to the network of non-motorized transportation infrastructure including access to pedestrian service within a ¼ mile walking distance to and access point of such service. a. The proposed residential site provides safe and convenient access to a minimum of 12 to 14-hour transit NOT APPLICABLE considerations should apply:category of Residential Development or otherwise considered for Residential land uses, the following (Commercial & Business Development, Industrial Development, Small Employment Development) to a 8. Where the proposed amendment involves the redesignation of land currently in a NonResidential Area d. The locational characteristics and transportation features of the site are consistent with the locational and includes the Rochester Youth Fast pitch ball fields. - Not applicable but the site is adjacent to State land to the south which Table 2-10 - Preservation Categories the form of RCTC campus, Olmsted County facilities and Olmsted Medical campus. - Not applicable but the site is within 1.5 miles of three anchors in Table 2-9 - Community Anchor Categories - Not applicable Table 2-8 - Non-Residential Categories - Not applicable Table 2-7 - Mixed Use Categories public transportation network in the form of Route #217 passes within 250 feet of the property. - The access is to 36th Ave SE which is not a local residential street. The Transportation Considerations Community shopping centers are within 2 miles at the intersection of Marion Road and Hwy 14. in/drive out so no traffic will back out onto 36th Ave SE. density housing to the north. The parking lot layout within the site will ensure all vehicles drive The site location with the drainage way and wetlands owned by the City provides buffers to low Hwy 14. The Stonebrooke Park located one half mile to the east is slated for improvements in 2023. Rochester Youth Fast pitch ball fields with Eastwood Park and mountain bike trailhead just across Campus Drive and 1.5 miles of Olmsted Medical campus. The adjacent land to the south contains the - The lots are within one mile of RCTC and within 1.25 miles of the Olmsted County campus at 2122 Location - The proposed use is a suburban style apartment complex which are six unit buildings. Mix of Uses the lower end of the range is appropriate for site abutting low density residential areas. acre which will be slightly below the range of 20 to 40 units/acre outlined. The proposed density on - Density for the 0.62 acres if approved for 12 units will be just under 20 units per Range of Density/Intensity Ave SE. State land and to the east is the public road with a church and single family residences east of 36th north and west in the form of the City lands which include drainage and wetlands. To the south is residential to a higher intensity use. This site has a buffer to the existing low density residential to the - areas where land is appropriate for residential use but gradually transition from low density Desired Pattern - apartment building Characteristics - Table 2-6 - Medium Density Residential Districtsthrough 2-10 are compatible with surrounding land use classifications. impact on the PTN plan. The proposed rezone will have negligible anticipated phasing of the PTN identified in the plan.properties which are either developed or owned by the City and State. The rezone maintains the residential designation and will not spur additional changes of adjacent . e. The site will not be impacted by the externalities from non-residential uses that predominate in the area 332 Site Location ExhibitApplication Enclosures: Mark R Welch, PE Sincerely, If you have any questions or concerns, please feel free to call our office at 507-867-1666, ext. 105. units. product will support more development of new housing units that specifically target affordable market rate impervious footprint. The building and site plans for this project works for 8 or 12 total units. Success of this The request to rezone is consistent as it will provide needed housing with a smaller plans of the city.9. The proposed amendment is consistent with community goals and policies as expressed in other adopted not part of a larger neighborhood or area planned for residential neighborhood development. j. Will not result in a small pocket of residentially developed land, or isolated residential development that is schools, and other features typical of a neighborhood. sufficient size to be a complete neighborhood with amenities serving households with parks, access to i. The site is adjacent to a residential neighborhood, or land planned for residential development, or is of h. Existing business development in the area will not be impacted by residential intrusion into the area. traffic or peak hour commuter traffic that may compromise the travel safety of residents. g. The character of the traffic on streets providing access to the site do not involve high volumes of truck demands on any non-residential business street. f. The site provides adequate space to meet parking needs and will not create residential on-street parking such as noise or exterior lighting. 12/6/22, 12:22 PM 333 HelpCancel 1County GIS/E91 askT nowinski.adam@co.olmsted.mn.us.Adam No.david@co.olmsted.mn.us or further information and current status regarding the issue please Contact either: Dave McColllister (507-328-7101) mccollisterf for their portion f can sign of review of the issue needs to happen before the GIS/Addressing StafAAddressing exists with this application. 1 An issue related to E91 Comments 12/05/2022 Status Date Adam Nowinski Action By County GIS Action by Department Comment Submitted Status - Boland ConstructionACD2022- 005LUP 1/1.cd2022005lupahttps://avproduction.rochmn.us/portlets/web/en-us/#/core/spacev360/rochesterAutomationAccela 1 334 mndot.gov/C: 507-259-3852 Rochester, MN 55901 Street NW 2900 48 Minnesota Department of Transportation Senior Planner | District 6 Tracy Schnell Thanks, Residential (MDR) The property is located 400 feet south of Bridgeview Drive SE , on the west side of 36th Avenue SE. Comprehensive Plan Land Use designation of 0.62 acres from Low-Density Residential (LDR) to Medium Density Development application for Land Use Plan Amendment #CD2022-005LUPA by Boland Construction, to change the This proposal appears to have no significant impact on MnDOT roadways and is acceptable to MnDOT. password.\[EXTERNAL SENDER\]: Do not open links/attachments if uncertain about the sender and never give out your user id and Development Application CD2022-005LUPA Subject:Lukes, Heather A (DOT); Schnell, Tracy (DOT)Cc:Community Development Department To:Tuesday, December 6, 2022 10:48 AM Sent:Schnell, Tracy (DOT) <tracy.schnell@stat e.mn.us>From: 12/9/22, 2:03 PM 335 HelpMenu Kaylie Post12/05/2022No CommentCounty Environmental ResourcesThere are no comments from thisLindsey Whalen12/05/2022No CommentAddress1 An issue related to E91Adam Nowinski12/05/2022Comment Submitted1County GIS/E91There are no comments from thisMike Bjoraker12/02/2022No CommentFireThere are no comments from thisJamie Miller12/01/2022No CommentorksPublic WMonica Hansen1/30/20221No CommentorksCounty Public WThere are no comments from thisf FeeceJef1/28/20221No CommentPark and RecGerald Norman1/28/20221No CommentBuilding SafetyMaribeth Cooper1/23/20221Submitted to PlannerApplication SubmittedMaribeth Cooper1/23/20221Request Reviews SentAssign PlannerThere are no comments from thisBrent Bunke1/23/20221No Commentater DivRPU W CommentsAction ByStatus DateStatusaskT - Boland ConstructionACD2022-005LUP 1/1.cd2022005lupahttps://avproduction.rochmn.us/portlets/web/en-us/#/core/spacev360/rochesterAutomati onAccela 336 -Approved 7facts. Second by Commissioner Moe. findings and based on staff’s 008ZC -Motion by Commissioner Eberhart to approve CD2022 -Approved 7hart. Second by Commissioner Eberfindings and facts. based on staff’s 005LUPA -Motion by Commissioner Moe to approve CD2022 wetland areas and is part of the review process. responded with no comment and that Olmsted County is the governing body regarding the Director answered. Allison Sosa also commented they did reach out to the DNR and theyflooding. Allison Sosa, Planning Supervisor, and Aaron Luckstein, Deputy Public Works ommissioners asked about the crosswalk and if the City has done something about the C Chair Schubring closed the Public Hearing. location, and the parkland. DNR does not comment on zoning.Cubed responded to the community comments about flooding, grading, bus stop -Mark Welch, G bus transportation, and asked if the DNR had any concerns.sidewalks, and (Ellie) spoke about their concerns regarding flooding, stormwater, lack of parkland, lack of Community members, Megan Kiihne, Stephen Markfort, Lucas Wittwer, and Elizabeth Stangl City’s requirements.ading plan and that they must meet the Mark Welch responded that they have an approved grCommissioner Crawford asked for clarification on stormwater plans in the back of the property. and stormwater. Cubed, presented on behalf of the applicant regarding the property, wetlands, -Mark Welch, G Chair Schubring opened the Public Hearing. . 008ZC-005LUPA and Zone Change #CD2022-for the Land Use Plan Amendment #CD2022 presented the staff reportElliot Mohler, Planner, nue SE. 36th AveResidential. The property is located 400 feet south of Bridgeview Drive SE, on the west side of 3, Medium Density -Density Residential to R-2 Low-designation of 0.62 acres from R, to change the Zoning District 008ZC by Boland Construction-e #CD2022Zone Chang & Drive SE, on the west side of 36th Avenue SE. 2. to Medium Density Residential (MDR) The property is located 400 feet south of Bridgeview Residential (LDR) Low DensityComprehensive Plan Land Use designation of 0.62 acres from , to change the 005LUPA by Boland Construction-Land Use Plan Amendment #CD2022 6 pm –2 December 14, Regular Meeting City Planning and Zoning Commission Minutes M 337.dnalkrapdoohrobhgien?dna?ytivitcennoc?klawedis?ni?spag?dna?,htron?eht?ot?doohrobhgien?eht?ni?gnidoolf?gnitsixehtiw?snrecnoc?deifitnedi?ytinummoc?eht?fo?srebmem?,gniraeh?cilbup?noissimmoC?gninna lP?eht?gniruD.omeM?tnempoleveD?ytinummoC?dehcatta?eht?ni?deifitnedisgnidnif?eht?no?desab?,tnemdnema?eht?fo?lavorppa?dnemmocer?ot?0-7?detov?noissimmoC?gninnalPeht?,gniteem?,2202?,41?rebmeceD?eht?tA?.t nemdnemA?nalP?esU?dnaL?eht?fo?lavorppa?sdnemmocertnemtrapeD?tnempoleveD?ytinummoC?eht?dna?noissimmoC?gninoZ?dna?gninnalP?retsehcoR?ehT.tem?era?sdradnats?ytiC?lla?dna?,detelpmoc?neeb?evah?noitaeniledd naltew?dna?,nalP?gnidarG?eht?litnu?deussi?eb?lliw?timrep?gnidliub?oN?.gnidarg?desoporp?eht?fo?tnetxe?ehtdna?sdnaltew?fo?noitacol?eht?mrifnoc?ot?weiver?rednu?yltnerruc?era?nalP?gnidarG?dna?noitaeniled ?dnaltewA?.sdnaltew?etis-ffo?gnitsixe?eht?tcapmi?ton?lliw?etis?eht?fo?tnempoleved?eht?dna?,sdnaltew?niatnoc?tonseod?etis?erca-26.0?eht?taht?detacidni?sah?dna?nalp?etis?desoporp?dna?stnemdnema?pam?eht ?deweiversah?)UGL(?tinU?tnemnrevoG?lacoL?ehT?.sdnaltew?dna?slios?nialpdoolf?sedulcni?aera?gnidnuorrus?ehT.stol?eht?fo?ezisllams?eht?no?desab?,teef?erauqs?000,02?tuoba?ot?detimil?eb?dluow?egatoof?erau qs?gnidliub?latot?eht?tub,renwo?eht?yb?desoporp?si?tahw?dnoyeb?ytisned?lanoitidda?timrep?dluoc?etis?eht?fo?esu?erutuf?ehT?.)latotni?stinu?21(?etis?eht?no?sgnidliub?ylimaf-itlum?tinu-xis?,owt?sesoporp ?renwo?ehT?.krap?cilbup?erutuf?a?dna,712?etuor?sub?fo?elim?flah?a?nihtiw?si?dna?,25?yawhgiH?fo?yaw?yb?retsehcoR?nwotnwod?ot?seitinutroppossecca?sah?,ezis?ni?llams?si?etis?ehT?.3002?ni?dettalp?ecnis?t nacav?deniamer?sah?taht?etis?llifnina?no?ytisned?laitnediser?lanoitidda?timrep?lliw?esu?dnal?laitnediser?ytisned-muidem?a?ot?tnemdnema?ehT?.tnemdnemA?paM?gninoZeht?no?etov?a?ot?roirp?no?detov?eb?dluo hs?tnemdnemA?nalP?esU?dnaL?eht?tub?,yltnerrucnoc?draeh?ebnac?snoitacilppa?ehT?.)CZ8400-2202DC(?tnemdnemA?paM?gninoZ?a?htiw?yltnerrucnoc?snur?noitacilppasihT?.laitnediser?ytisned-muidem?ot?,laitnedise r?ytisned-wol?morf?etis?erca-26.0?a?no?noitangisedpaM?esU?dnaL?evisneherpmoC?eht?egnahc?ot?tnemdnemA?paM?esU?dnaL?a?sesoporp?tnacilppa?ehT:evitarraN?tropeR.laitnediser?ytisned-muidem?ot?laitnediseryt isned-wol?morf?,ES?evA?ht63?114?dna?704?ta?detacol?,etis?erca-26.0?a?no?noitacifissalc?pam?esu?dnaleht?dnema?ot?,noitcurtsnoC?dnaloB?yb?,APUL500-2202DC?.oN?tnemdnemA?nalP?esU?dnaL?gnivorppA:detseuqeR ?noitcA???5.GnoitcurtsnoC?dnaloByb?APUL500-2202DC?.oN?tnemdnemA?nalP?esU?dnaL NOITCA?ROF?TSEUQER relhoM?toillE:RETNESERPsgniraeH?cilbuP:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO3202?,9?yra unaJ:ETAD?GNITEE ?338 APUL500-2202DC?tnemdnemA?nalP?esU?dnaL?dnaloB?-?setuniM?noissimmoC?gninnalPAPUL500-2202DC?tnemdnemA?nalP?esU?dnaL?dnaloB?-?stnemmoC?weiveRAPUL500-2202DC?tnemdnemA?nalP?esU?dnaL?dnaloB?-?evitarra N?s'renwOAPUL500-2202DC?tnemdnemA?nalP?esU?dnaL?dnaloB?-?tibihxEAPUL500-2202DC?tnemdnemA?nalP?esU?dnaL?dnaloB?-?paM?noitacoL?etiSAPUL500-2202DC?tnemdnemA?nalP?esU?dnaL?dnaloB?-?paM?noitacifitoNAPUL50 0-2202DC?tnemdnemA?nalP?esU?dnaL?dnaloB?-?omeM?DC:stnemhcattA asoS?nosillA:yB?deraperP.emit?siht?ta?detseggus?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tcartnoc?renwo-ytiC?ro/dna?tnemeergatnempole ved?a?ni?deniltuo?eb?lliw?dna?repoleved?eht?fo?ytilibisnopser?eht?eb?lliw?stsoc?tnempoleved?llA:tcapmI?ecruoseR?&?lacsiF srobhgienot?tnes?dna?repapswen?eht?ni?dehsilbup?gniraeH?cilbuP?licnuoC?ytiC?fo ?ecitoN?:2202?,13?rebmeceDnoitadnemmoceR?lavorppA?dna?gniraeH?cilbuP?:noissimmoC?gninnalP?:2202?,41?rebmeceD:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.ytisrevid?gnisuoh?gnidnapxe?dna?ytilibani atsus?lacsifgnizisahpme?fo?slapicnirP?eroC?nalP?evisneherpmoC?eht?seveihca?tnemdnemA?paM?nalP?esU?dnaL?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoita dnuoF?&?seitiroirP.tnemdnemA?nalP?esU?dnaL?a?evorppa?ot?deriuqer?si?etov?ytirojam?repus?A?:etoN 339), while 2 General Zoning District Standards Table-see LDM 62.231 Rts per lot (unizoning district allows a maximum of four Low Density Residential 2 -Residential. The R2 Low Density -Density Residential (LDR). The properties are currently zoned RThe properties are currently designated as Low Ave SE. th located on the west side of 36 when combined and are The subject properties are approximately 0.62 acres in size SUMMARY AND BACKGROUND INFORMATION Approval: Development Review Team Recommendation Rochester City CouncilApproval Body: ication. appl Land Use Plan Amendmentin review of a considereddevelopment are not criteria site landscaping, open space, site parking, screening and the aesthetic character of the such as architecture, site layout, building orientation, development considerations Site designation. the current underland supply existing impact to theand ,features and constraintsnatural when consideringsuitability of the property ge, urban development potential chanthe oftructure Transportation Integration strategies, utility and transit infrasunanticipated shortages of a particular land use, Land Use and anaddresses whether a proposed change issues such as shall be provided to Considerationd use amendment. a lan when evaluatinghe Commission and Council t byconsidered criteria to be Comprehensive Plan provides the applicable Section 4 of the P2S or less, is a change to the land use map that may be initiated by the property owner(s). Land Use Map Amendment application, 10 acres Scale-SmallA : What is Considered )Land Use Plan Amendment (LUPA: Application Type SUMMARYCOUNCIL COMMISSION AND , Mark WelchCubed-G Consultant: , Ryan BolandBoland Construction :sProperty Owner Ave SE. th The subject properties are located at 407 and 411 36 Location: -concurrent with CD2022(LDR) to Medium Density Residential (MDR). This request is acres from Low Density Residential 0.62redesignate approximately 005LUPA is a request to-Land Use Plan Amendment CD2022 Request: Rochester Community DevelopmentPrepared by: 2022, DECEMBER 14PLANNING COMMISSION TER CommunityDevelopment@rochestermn.gov Email: 2401-328-507 Fax: 2950-328-507 Phone: 7090-Rochester, MN 55901 4001 W River Parkway NW, Suite 100 Rochester, MinnesotaCity of 2 340 .Service Campus Districtproperties is zoned MRD Education and public The property to the south of the subject :South Residential. - 1 Mixed-properties are zoned RThe properties to the east of the subject :East .ResidentialFamily -1 Mixed -properties are zoned RThe properties to the north of the subject Adjacent Land: .Density Residential 2 Low-The subject properties are currently zoned R Zoning District: Density Residential (LDR).The subject properties are currently designated as Low Land Use Plan: DEVELOPMENT COMMUNITY starting with the Land Use Plan Amendment.the City Planning and Zoning Commission will need to make two separate motions, these items can be heard concurrently, staff have included separate staff reports and Though -tion CD2022This application is concurrent with Zone Change applica parking requirements. around 20 units given site constraints such as floor area ratio, setbacks, and minimum acre site could support somewhere -Residential Zoning District, it appears that the 0.62ty 3 Medium Densi-could be submitted that may identify more units. Under the Rthat while the owner has conceptually identified a plan for twelve units, a future site plan units. It should be noted be altered into livable could notbasements of each building If not approved, the two additional apartments included in each buildings’ basement. h witoriginal footprint of the building (as shown in the site development plan application), , increasing the total number of units from eight to twelve, while keeping the each loton building unit apartment buildings, one -construct two six proposes toapplicant The Plan Amendment.Land Use 3 Medium Density Residential District, which would require approval of this -District to R2 Low Density Residential -008ZC) to rezone the subject properties from R-(CD2022currently seeking a zone change conThe applicant is sity Residential (MDR). Denfrom Low Density Residential (LDR) to Medium of the subject properties classification a Land Use Plan Amendment to redesignate the land use is requestingThe applicant each parcel. on building unit apartment buildings, one-under review for two four P)029SD-(CD2022 Site Development Plan application a submitted. The applicant currently has Residentialof Low Density remaining consistent with the underlying land use designation LUPA5-CD2022 3 341stimates that need is greatest in the City’s Fringe areas. Maxfield Consulting e need for general occupancy rental housing, of which the which details theland uses. This is further backed up by the July 2020 Maxfield Housing Study shortage of higher density residential Land Use Amendment would address a family housing. Approving the -density single-, most of it is lowdesignated landresidential use. Of the residential forthe City of Rochester is designated 2040 Comprehensive Plan details that most of the land in The Rochester P2S applicant.objective market analysis commissioned by the City with costs covered by the nd available for a proposed type of land use as evidenced by a detailed and aThe proposed amendment will address an unanticipated shortage of land designated 1. )BOLDcriteria (staff findings in All Land Use Map amendments shall be evaluated for consistency with the following .n consentvia or by agents of the property owners )s(may be initiated by petition of the property ownerLand Use Map Amendment Scale-Smallthat involves land areas 10 acres or less. A Land Use Map Amendment is any change to the future land use map Scale-SmallA DMENTNLAND USE PLAN AME on the property. wetlands are present if delineation to determine wetlandapplicants conduct a the edas requestparcel. Olmsted County SWCD h Hydric soils are present on the northernstudy area. shoreland and are outside of the Decorah Edge The subject properties are not located in floodplain or Wetlands & Decorah future proposed development. that all existing public facilities remain adequate for until the Development Review Team has determined subject properties. Development will not be permitted storm water management facilities) exist to service the Public facilities (roadways, sanitary sewer, water, and Public Infrastructure: Ave SE. th 36 subject properties are proposed to gain access offThe Roadway & Access: Residential. Single Family 1 Mixed-properties is zoned RThe property to the west of the subject :West LUPA5-CD2022 4 342and have requested the applicant of wetland features north of the property Olmsted County Soil and Water Conservation District has noted the presence suitable for urban development.the proposed site has found that that site is An assessment of natural features on 4. The property is also nearby parks and trails infrastructure. applicant shows adequate drive aisle space for vehicles to turn around onsite. Ave SE. The th greatly impact the level of traffic currently present on 36ot Furthermore, the proposed project would nunit apartment buildings. -two sixAmendment and Zone Change are approved, allowing the applicant to pursue the small scale of the project. This would still be true if the Land Use Plan ial increase in traffic given There should not be a substantbeen considered. road and transit infrastructure because of the proposed land use change have The impact of a cost to municipal or regional utility agencies and on existing considered.the proposed land use change have been and transit infrastructure as a result ofThe impact of and cost to municipal or regional utility agencies and on existing road 3. weekday.frequency once an hour. This bus line only runs during the service with a pmRochester. The line runs from 5:02 am to 7:00 am and again at 3:17 pm to 6:17 site. This bus line services commuters, beginning and ending in downtown bus line. This bus stop is approximately 300 feet from the -service for the 217Ave SE with th Ln and 36Sheffield There is a nearby bus stop at the corner of benefits of historical transportation investment and maintenance in this area. make use of the existing transportation network in the area and maximize the Approving the Land Use Plan Amendment would Road 9) and US Highway 14.Ave SE connects to both College View Rd E (County th ,y 52US HighwaThe subject properties have access opportunities to downtown Rochester and Integrated Land Use and Transportation FrameworkThe proposed amendment is consistent with the goals and strategies of the 2. .mited scale of any future project on the siteof the lots and liMaxfield Housing Study is a sufficient market analysis based on the small size The July 2020 approximately 4,500 general occupancy rental housing units.between 2020 and 2030 the City of Rochester will need to fill a gap of LUPA5-CD2022 5 343principles, and goals of the P2S 2040 Comprehensive Plan. Rather, the se the vision, The proposed Land Use Map Amendment will not compromi 10 for the proposed land use.-6 through 2-described in Tables 2features of the site are consistent with the locational and transportation factors and the locational characteristics and transportation land use classifications;10 are compatible with surrounding -6 through 2-category as described in Tables 2the Primary Transit Network. Characteristics of uses in the proposed land use plan n or compromise the strategies identified in the plan to implement transportation visio not compromise the direction of the plan to create an integrated land use and further the Vision, Principles and Goals of the P2S 2040 Comprehensive Plan and The proposed Future Land Use Map amendment is consistent with and will help 7. adequate and affordable housing throughout the city.re “missing middle” housing which will allow for more residents to secu of housing is often associated with This type areas along the City’s fringe. especially in –family housing -there is a need for general occupancy multifound that Maxfield Housing Study 0 July 202family residential. The -singlefamily housing in an area that is predominantly -general occupancy multifrom Low Density Residential to Medium Density Residential would allow If approved, the Land Use Plan Amendment to change the subject properties benefit to the community.The fiscal impact of the proposed amendment is judged to have a positive net 6. Network. size, the site is not anticipated to compete with and along the Primary Transit Due to the small Residential land use designation. Density-Lowland out of the If approved, the subject properties would be taking 0.62 acres of Rochester. or residential in the land used f most ofland use designation that comprises a –planned for. As of now, the area is designated as Low Density Residential of land designated for the type of land use the area in question is currently ent will not adversely affect the supply The proposed Land Use Plan Amendm for the type of land use the area in question is currently planned for.The proposed redesignation will not adversely affect the supply of land designated 5. eview will be required prior to issuance of any building permit. rShould the project change in the future, a wetland these wetland features.A preliminary assessment shows that the proposed project will not affect negatively impact these features. complete and wetland delineation to ensure any future project will not LUPA5-CD2022 6 344 :isting NeighborhoodsEnhance the Integrity of Ex family residential. -that are predominantly single housing diversity in the City. This is especially true for the City’s fringe areas Density Residential to Medium Density Residential would greatly expand the roperties from Low Amending the Land Use Plan to redesignate the subject p :Expand Housing Diversity service levels.fiscal sustainability of the City. Nearby infrastructure currently exceeds basic Approving the Land Use Plan Amendment will not negatively impact the future :Emphasize Fiscal Sustainability Arterial roadway. Highway 14 as a StrategicCollegeview Road SE (County Road 9) as a Major Arterial roadway and US Council of Government’s 20445 Long Range Transportation Plan classifies Olmsted -The RochesterAve SE. th Road 9) and US Highway 14 by way of 36Road SE (County The subject properties have access to both Collegeview Integrate Land Use and Transportation: .expressed in other adopted plans of the cityommunity goals and policies as The proposed amendment is consistent with c 9. ot applicable.N considerations should apply:Development or otherwise considered for Residential land uses, the following nt Development) to a category of Residential Development, Small EmploymeResidential Area (Commercial & Business Development, Industrial -NonWhere the proposed amendment involves the redesignation of land currently in a 8. open space.properties are nearby approximately 200 acres of parks, trails, and subjectCollegeview Road SE (County Road 9) and US Highway 14. The –roadways The subject properties are conveniently located near two major arterial residential land uses and are compatible with one another. rrounded by Low Density Residential. Both are Density Residential and sugoals. If approved, the subject properties will be designated as Medium proposed change would further enhance the stated vision, principles, and LUPA5-CD2022 7 345 Referral Agency Comments 4. Applicant Narrative 3. Land Use Plan Amendment Exhibit 2. Notification Map 1. ATTACHMENTS Residential (MDR)., from Low Density Residential (LDR)to Medium Density the map amendmentto the City Council of approvalthe Planning Commission forward a recommendation of Comprehensive Plan Criteria for Land Use Plan Map Amendment and recommends that Community Development has reviewed this request in accordance with the P2S STAFF RECOMMENDATION Plat and will remain intact if the Land Use Plan Amendment is approved.delineation. These natural features are present on Outlot A of the Stonebridge the applicant conduct a wetland subject properties and have requestedConservation District has noted the existence of wetland features north of the within the Decorah Edge study area. Olmsted County Soil and Water The subject properties do not contain floodplain or shoreland and are not :Maintain Commitment to health, Wellness, and the Environment neighborhoods.e of housing choice in the area will serve to improve the existing nearby mixturSince then, the subject properties were never built on. Including a diverse away from other development. The Stonebridge plat was recorded in 2003. , The subject properties exist near isolated development near the City’s fringe LUPA5-CD2022 C 346 on the west side of 36th Avenue SE.Medium Density Residential (MDR) The property is located 400 feet south of Bridgeview Drive SE , Comprehensive Plan Land Use designation of 0.62 acres from Low-Density Residential (LDR) to Land Use Plan Amendment #CD2022-005LUPA by Boland Construction, to change the ofAreaNotificationft.600(507) 328-7100.notify the Olmsted County Planning Department GIS Division, 2122 Campus Dr SE, Suite 100 Rochester, MN 55904County are not responsible for omissions or errors contained herein. If discrepancies are found within this map, pleaseThis map prepared by the City of Rochester Community Development Department. The City of Rochester and Olmsted City Council Ward: 5 - Shaun Palmer Map Date: 10/06/2022 SITE RiversROW ParcelPrivate Road ParcelManufactured HomeLand ParcelBuilding Unit Parcel Type Parcels City LimitsStonebridge DIM_600ft_bufferSto nebridge DIM_ParcelRailroads Legend Feet3351,3406700¤£¤£9)"PdoES rD enilegdiRES nL eromhtartSE dR weiV egello Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P,347 Miles120 Application LocationRochester City Limit Legend Ü Location Map the GIS user communityCommunity, Esri, HERE, Garmin, (c) OpenStreetMap contributors, and(Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS UserNRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri Stonebridge 348 MDRto LDR LUPA R-3 to R-2 Rezone 7 Block 349 Principles and Goals of the P2S 2040 Comprehensive Plan and 7. The proposed Future Land Use Map amendment is consistent with and will help further the Vision, benefit without taxing public infrastructure. It is the highest and best use of the property. rezone to allow a total of 12 units versus the currently allowed 8 units will have a net positive tax . The 6. The fiscal impact of the proposed amendment is judged to have a positive net benefit to the community have an impact on the supply of MDR property available. The addition of 0.62 acres to the MDR zone will not the area in question is currently planned for.5. The proposed redesignation will not adversely affect the supply of land designated for the type of land use last 20 years. commencing. There are no other natural features of merit within the site which was graded within the project is suitable for the lot. A No-Loss application will be processed prior to excavation work A wetland delineation within the property and on the adjacent City lands confirmed the development.4. An assessment of natural features on the proposed site has found that that site is suitable for urban no added costs to the public. The developer fronts the costs of the improvements required. proposed for rezoning have access to municipal utilities and direct access to 36th Ave SE so there are The two lots infrastructure as a result of the proposed land use change have been considered.3. The impact of and cost to municipal or regional utility agencies and on existing road and transit intersection of Sheffield Lane and 36th Ave SE. The site is just 250 feet from a pickup point on route #217 at the Transportation Framework.2. The proposed amendment is consistent with the goals and strategies of the Integrated Land Use and site. In reviewing the City zoning map, there are no R-3 zoned properties within 2/3 of a mile of the project market rate apartments due to the proximity to the Olmsted County, Olmsted Medical and RCTC sites. to MDR, a market analysis has not been completed. It is known that there is a need for affordable Due to the small size of the land proposed for rezoning the City with costs covered by the applicant.proposed type of land use as evidenced by a detailed and objective market analysis commissioned by 1. The proposed amendment will address an unanticipated shortage of land designated and available for a All Future Land Use Map amendments shall be evaluated for consistency with the following criteria: Criteria inquiries are in italics, responses and comments are in standard text. Land Use Plan Amendment criteria for the proposed rezone of Block 7, STONEBRIDGE ADDITION. for a Land Use Plan Amendment from Low Density Residential to Medium Density Residential. would support the construction of six unit apartment buildings, one on each lot. With the rezone is the need 407 and 411 36th Ave SE, Rochester, MN 55904. The owner is requesting a rezone from R-2 to R-3 which and 63.05.21.070542. The property is platted as Lots 1 and 2, Block 7, Stonebridge. The Site has addresses of Please accept this application for a Land Use Plan Amendment for the property with PIN’s of 63.05.21.070543 Dear Planners, RE: LUPA from Low Density Residential to Medium Density Residential Rochester, MN 55901 4100 West River Road Community Development November 22, 2022 www.ggg.to ¨ Fax 507-867-1665 ¨Phone 507-867-1666 14070 Highway 52 Southeast, Chatfield, Minnesota 55923 PLANNING SURVEYING ENGINEERING a. Will not compromise the direction of the plan to create an integrated land use and transportation vision 350 adjacent non-residential use which predominates in the area. available. c. Access to passive or active public park space meeting the service standards of the City Park Plan is facilities and safe access to the city’s network of off-road trails and paths is available. b. Connection to the network of non-motorized transportation infrastructure including access to pedestrian service within a ¼ mile walking distance to and access point of such service. a. The proposed residential site provides safe and convenient access to a minimum of 12 to 14-hour transit NOT APPLICABLE considerations should apply:category of Residential Development or otherwise considered for Residential land uses, the following (Commercial & Business Development, Industrial Development, Small Employment Development) to a 8. Where the proposed amendment involves the redesignation of land currently in a NonResidential Area d. The locational characteristics and transportation features of the site are consistent with the locational and includes the Rochester Youth Fast pitch ball fields. - Not applicable but the site is adjacent to State land to the south which Table 2-10 - Preservation Categories the form of RCTC campus, Olmsted County facilities and Olmsted Medical campus. - Not applicable but the site is within 1.5 miles of three anchors in Table 2-9 - Community Anchor Categories - Not applicable Table 2-8 - Non-Residential Categories - Not applicable Table 2-7 - Mixed Use Categories public transportation network in the form of Route #217 passes within 250 feet of the property. - The access is to 36th Ave SE which is not a local residential street. The Transportation Considerations Community shopping centers are within 2 miles at the intersection of Marion Road and Hwy 14. in/drive out so no traffic will back out onto 36th Ave SE. density housing to the north. The parking lot layout within the site will ensure all vehicles drive The site location with the drainage way and wetlands owned by the City provides buffers to low Hwy 14. The Stonebrooke Park located one half mile to the east is slated for improvements in 2023. Rochester Youth Fast pitch ball fields with Eastwood Park and mountain bike trailhead just across Campus Drive and 1.5 miles of Olmsted Medical campus. The adjacent land to the south contains the - The lots are within one mile of RCTC and within 1.25 miles of the Olmsted County campus at 2122 Location - The proposed use is a suburban style apartment complex which are six unit buildings. Mix of Uses the lower end of the range is appropriate for site abutting low density residential areas. acre which will be slightly below the range of 20 to 40 units/acre outlined. The proposed density on - Density for the 0.62 acres if approved for 12 units will be just under 20 units per Range of Density/Intensity Ave SE. State land and to the east is the public road with a church and single family residences east of 36th north and west in the form of the City lands which include drainage and wetlands. To the south is residential to a higher intensity use. This site has a buffer to the existing low density residential to the - areas where land is appropriate for residential use but gradually transition from low density Desired Pattern - apartment building Characteristics - Table 2-6 - Medium Density Residential Districtsthrough 2-10 are compatible with surrounding land use classifications. impact on the PTN plan. The proposed rezone will have negligible anticipated phasing of the PTN identified in the plan.properties which are either developed or owned by the City and State. The rezone maintains the residential designation and will not spur additional changes of adjacent . e. The site will not be impacted by the externalities from non-residential uses that predominate in the area 351 Site Location ExhibitApplication Enclosures: Mark R Welch, PE Sincerely, If you have any questions or concerns, please feel free to call our office at 507-867-1666, ext. 105. units. product will support more development of new housing units that specifically target affordable market rate impervious footprint. The building and site plans for this project works for 8 or 12 total units. Success of this The request to rezone is consistent as it will provide needed housing with a smaller plans of the city.9. The proposed amendment is consistent with community goals and policies as expressed in other adopted not part of a larger neighborhood or area planned for residential neighborhood development. j. Will not result in a small pocket of residentially developed land, or isolated residential development that is schools, and other features typical of a neighborhood. sufficient size to be a complete neighborhood with amenities serving households with parks, access to i. The site is adjacent to a residential neighborhood, or land planned for residential development, or is of h. Existing business development in the area will not be impacted by residential intrusion into the area. traffic or peak hour commuter traffic that may compromise the travel safety of residents. g. The character of the traffic on streets providing access to the site do not involve high volumes of truck demands on any non-residential business street. f. The site provides adequate space to meet parking needs and will not create residential on-street parking such as noise or exterior lighting. 12/6/22, 12:22 PM 352 HelpCancel 1County GIS/E91 askT nowinski.adam@co.olmsted.mn.us.Adam No.david@co.olmsted.mn.us or further information and current status regarding the issue please Contact either: Dave McColllister (507-328-7101) mccollisterf for their portion f can sign of review of the issue needs to happen before the GIS/Addressing StafAAddressing exists with this application. 1 An issue related to E91 Comments 12/05/2022 Status Date Adam Nowinski Action By County GIS Action by Department Comment Submitted Status - Boland ConstructionACD2022- 005LUP 1/1.cd2022005lupahttps://avproduction.rochmn.us/portlets/web/en-us/#/core/spacev360/rochesterAutomationAccela 1 353 mndot.gov/C: 507-259-3852 Rochester, MN 55901 Street NW 2900 48 Minnesota Department of Transportation Senior Planner | District 6 Tracy Schnell Thanks, Residential (MDR) The property is located 400 feet south of Bridgeview Drive SE , on the west side of 36th Avenue SE. Comprehensive Plan Land Use designation of 0.62 acres from Low-Density Residential (LDR) to Medium Density Development application for Land Use Plan Amendment #CD2022-005LUPA by Boland Construction, to change the This proposal appears to have no significant impact on MnDOT roadways and is acceptable to MnDOT. password.\[EXTERNAL SENDER\]: Do not open links/attachments if uncertain about the sender and never give out your user id and Development Application CD2022-005LUPA Subject:Lukes, Heather A (DOT); Schnell, Tracy (DOT)Cc:Community Development Department To:Tuesday, December 6, 2022 10:48 AM Sent:Schnell, Tracy (DOT) <tracy.schnell@stat e.mn.us>From: 12/9/22, 2:04 PM 354 HelpMenu 2 of 1 Page Property is not shoreland or floodplainBeth Davis1/21/20221No CommentCounty Long Range Planning Monica Hansen1/16/20221No CommentorksCounty Public W There are no comments from this agency at this ...yler BurbankT1/16/20221Comment Submitted Gerald Norman1/10/20221No CommentBuilding Safety No additional comments in addition to those pro...f FeeceJef1/08/20221Comment SubmittedPark and Rec No additional comments to those already submitt...f FeeceJef1/07/20221Reviews CompleteAgency ReviewDept and Agency did not submit comments. Closed By Scriptf FeeceJef1/07/20221No CommentorksCounty Public W Agency did not submit comments. Closed By Scriptf FeeceJef1/07/20221No CommentFire Agency did not submit comments. Closed By Scriptf FeeceJef1/07/20221No CommentBuilding Safety Agency did not submit comments. Closed By Scriptf FeeceJef1/07/20221No Comment1County GIS/E91 Agency did not submit comments. Closed By Scriptf FeeceJef1/07/20221No CommentPark and Rec Agency did not submit comments. Closed By Scriptf FeeceJef1/07/20221No CommentorksPublic W Agency did not submit comments. Closed By Scriptf FeeceJef1/07/20221No Comment Agency did not submit comments. Closed By Scriptf FeeceJef1/07/20221No Commentater DivRPU W Agency did not submit comments. Closed By Scriptf FeeceJef1/07/20221No CommentCounty Long Range Planning Agency did not submit comments. Closed By Scriptf FeeceJef1/07/20221No CommentCounty Property Records Agency did not submit comments. Closed By Scriptf FeeceJef1/07/20221No CommentLGU There are no comments from this agency at this ...Brent Bunke1/07/20221No Commentater DivRPU W Maribeth Cooper1/04/20221Submitted to PlannerApplication Submitted Maribeth Cooper1/04/20221Request Reviews SentAssign Planner CommentsAction ByStatus DateStatusaskT CD2022-008ZC - Stonebridge Block 7 1/1.cd2022008zchttps://avproduction.rochmn.us/portlets/web/en-us/#/core/spacev360/rochesterorkflow History ListW 12/9/22, 2:05 PM 355 HelpMenu 2 of 2 Page There are no comments from this agency at this ...Mike Bjoraker1/22/20221No CommentFire There are no comments from this agency at this ...Jamie Miller1/21/20221No CommentorksPublic W CommentsAction ByStatus DateStatusaskT Showing 21-22 of 22 CD2022-008ZC - Stonebridge Block 7 1/1.cd2022008zchttps://avproduction.rochmn.us/portlets/w eb/en-us/#/core/spacev360/rochesterorkflow History ListW 356 -Approved 7facts. Second by Commissioner Moe. findings and based on staff’s 008ZC -Motion by Commissioner Eberhart to approve CD2022 -Approved 7hart. Second by Commissioner Eberfindings and facts. based on staff’s 005LUPA -Motion by Commissioner Moe to approve CD2022 wetland areas and is part of the review process. responded with no comment and that Olmsted County is the governing body regarding the Director answered. Allison Sosa also commented they did reach out to the DNR and theyflooding. Allison Sosa, Planning Supervisor, and Aaron Luckstein, Deputy Public Works ommissioners asked about the crosswalk and if the City has done something about the C Chair Schubring closed the Public Hearing. location, and the parkland. DNR does not comment on zoning.Cubed responded to the community comments about flooding, grading, bus stop -Mark Welch, G bus transportation, and asked if the DNR had any concerns.sidewalks, and (Ellie) spoke about their concerns regarding flooding, stormwater, lack of parkland, lack of Community members, Megan Kiihne, Stephen Markfort, Lucas Wittwer, and Elizabeth Stangl City’s requirements.ading plan and that they must meet the Mark Welch responded that they have an approved grCommissioner Crawford asked for clarification on stormwater plans in the back of the property. and stormwater. Cubed, presented on behalf of the applicant regarding the property, wetlands, -Mark Welch, G Chair Schubring opened the Public Hearing. . 008ZC-005LUPA and Zone Change #CD2022-for the Land Use Plan Amendment #CD2022 presented the staff reportElliot Mohler, Planner, nue SE. 36th AveResidential. The property is located 400 feet south of Bridgeview Drive SE, on the west side of 3, Medium Density -Density Residential to R-2 Low-designation of 0.62 acres from R, to change the Zoning District 008ZC by Boland Construction-e #CD2022Zone Chang & Drive SE, on the west side of 36th Avenue SE. 2. to Medium Density Residential (MDR) The property is located 400 feet south of Bridgeview Residential (LDR) Low DensityComprehensive Plan Land Use designation of 0.62 acres from , to change the 005LUPA by Boland Construction-Land Use Plan Amendment #CD2022 6 pm –2 December 14, Regular Meeting City Planning and Zoning Commission Minutes M 357.)2()b(3-5-21?noitceS?eeS?.snoitarepo?nehctikdednetni?rieht?rof?tseb?si?hcihw?esoohc?ot?noitpo?eht?evah?lliw?ESF?ehT?.slisnetu?dna?tnempiuqe?tsegraleht?fo?noisremmi?etadommocca?ot?hguone?egral?k nis?ralugnis?a?wolla?ot?gnisoporp?era?ew?,erofereht;tnempiuqe?tsegral?eht?esremmi?ot?hguone?egral?gnieb?ton?sknis?ni?detluser?sah?siht?,nehctik?ehtni?stniartsnoc?ecaps?era?ereht?nehW?.deriuqer?si?kni s?yrellucs?tnemtrapmoc-eerht?a?,yltnerruC?.slisnetudna?tnempiuqe?gnikooc?eht?fo?ezis?eht?no?desab?ESF?eht?rof?ytilibixelf?setaerc?egnahc?dnoces?ehT?.)5(5-5-21?dna?)e(3-5-21?noitceS?eeS?.elbisaef?ton? demeed?si?rotpecretni?esaerg?ytivarg?a?fi?ygolonhcetevitanretla?rehto?ro?rotpecretni?esaerg?lacinahcemordyh?a?llatsni?daetsni?dna?tnemeriuqer?eht?morfnoitpmexe?na?tseuqer?yam?ESF?eht?fo?srenwO?.)e(3- 5-21?noitceS?eeS?.aera?nehctik?eht?retne?ot?GOF?otdetcartta?sgub?rof?laitnetop?eht?secuder?dna?metsys?eht?gninaelc?rof?ssecca?reisae?rof?swolla?osla?edistuorotpecretni?esaerg?ytivarg?eht?gnivaH?.deta dnam?ton?tub?noitpo?derreferp?eht?sa?dednemmocer?yltnerrucera?srotpecretni?esaerg?ytivarG?.gnitset?dna?,gnilpmas?,noitcepsni?fo?sesoprup?eht?rof?sevitatneserperytiC?ot?emit?yna?ta?ssecca?detcirtsernu ?swolla?hcihw?gnidliub?yna?fo?edistuo?noitacol?a?ni?erutcurts?ehtyb?deipucco?ytreporp?eht?no?detcurtsnoc?eb?tsum?rotpecretni?esaerg?ytivarg?ehT?.serutcurts?detcurtsnocylwen?ni?sESF?rof?srotpecretni?e saerg?ytivarg?eriuqer?ot?saw?tsrif?ehT?.margorp?eht?evorpmi?ot?segnahcdetseggus?eerht?erew?erehT?.llew?gnikrow?dna?evitceffe?yrev?neeb?sah?margorp?eht?llarevO?.segnahcrof?stseuqer?ticilos?dna?ecnanid ro?eht?fo?ssenevitceffe?eht?enimreted?ot?srenwo?ESF?dna?,setammaetsecivreS?ytefaS?gnidliuB?tnempoleveD?ytinummoC?,slaiciffo?htlaeh?lacol?htiw?tem?ytiC?eht?,2202?nI?.5102?ni?ecnanidro?GOF?sti?dehsilba tse?ytiC?eht?,erofereht?;)sESF(?stnemhsilbatsE?ecivreS?dooFni?dnuof?ylnommoc?era?GOF?fo?stnuoma?egraL?.srodo?tnasaelpnu?esuac?dna?,egamad?ytreporp?esuacnac?,ksir?htlaeh?a?era?swolfrevo?dna?spukcab?es ehT?.swolfrevo?rewes?yratinas?ot?dael?nac?ro?stnemesabro?snehctik?ni?spukcab?esuac?nac?GOF?eht?morf?segakcolB?.sepip?eht?ni?pu?sdliub?dna?seifidilosti?,metsys?rewes?eht?sretne?GOF?nehW??.smeti?eseht? fo?stnuoma?laudiser?neve?gniniatnoc?sehsidgnihsaw?morf?metsys?rewes?eht?retne?nac?GOF?.stcudorp?yriad?dna?,esiannoyam?,secuas?,sdoog?dekab,sparcs?doof?,eniragram?,rettub?,gninetrohs?,lio?,dral?,staf? taem?sa?hcus?smeti?morf?semoc?GOF?.metsysrewes?eht?ot?degrahcsid?gnieb?",GOF"?sa?ot?derrefer?osla?sesaerg?dna?,slio?,staf?fo?tnemeganam?eht?htiwsi?swolfrevo?dna?spukcab?tsniaga?tcetorp?spleh?ytiC?eht ?syaw?eht?fo?enO?.swolfrevo?rewes?yratinas?dnaspukcab?egawes?stibihorp?timrep?metsyS?noitanimilE?egrahcsiD?tnatulloP?lanoitaN?retawetsaw?s'ytiC?ehT:evitarraN?tropeR.tnemeganam?esaerg?dna?,slio?,staf? ot?detaler?01-5-21?.ceS?hguorht?3-5-21.ceS?secnanidrO?fo?edoC?retsehcoR?eht?gnidnema?ecnanidrO?na?fo?gnidaer?tsrif?eht?gnilif?dna?gnivieceR:detseuqeR?noitcA???1.JtnemeganaM?esaerGdna?,sliO?,staF?ot?d etaleR?5-21?retpahC?secnanidrOfo?edoC?retsehcoR?ot?stnemdnemA?ecnanidrO NOITCA?ROF?TSEUQER egarK-reldnipS?leahciM:RETNESERPsgnidaeR?tsriF?ecnanidrO:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO3202?,9? yraunaJ:ETAD?GNITEE ?358 tnemeganaM?esaerG?dna?,sliO?,staF?ot?detaleR?stnemdnemA?)01()5()3(?5-21?noitceS?-?ecnanidrO:stnemhcattA nietskcuL?noraA:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?ev itanretlA.ytiC?eht?ot?stcapmi?ecruoser?ro?lacsif?on?era?erehT:tcapmI?ecruoseR?&?lacsiF lavorppa?ecnanidrO?desoporP?-?gniteeM?licnuoC?:2202?,5?rebmeceD:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP .retawetsaw?war?ot?erusopxe?fo?stcapmi?evitagen?eht?morf?stnediser?gnitcetorpyb?stcapmi?noisulcni?dna?,ytiuqe?,ytisrevid?evitisop?edivorp?lliw?retawetsaw?war?fo?sesaeler?dna?spukcabrewes?fo?noitnever P?.metsys?noitcelloc?rewes?eht?morf?retawetsaw?war?fo?esaeler?eht?stibihorp?hcihw,timrep?metsyS?noitanimilE?egrahcsiD?tnatulloP?lanoitaN?s'ytiC?eht?htiw?ecnailpmoc?erusne?pleh?lliwdna?margorp?esaerG? dna?,sliO?,staF?s'ytiC?eht?htiw?tnetsisnoc?era?stnemdnema?ecnanidrO?desoporp?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnir P?lanoitadnuoF?&?seitiroirP.snoitidda?etacidni?ot?enilrednu?na?htiw?tnof?kcalb?dna?,snoiteled?etacidniot?hguorhtekirts?a?htiw?tnof?der?a?gnisu?tnemucod?dehcatta?eht?ni?deniltuo?era?segnahc?desoporp?e hT?.)1(01-5-21?noitceS?eeS?.noitcepsni-er?a?gnitcudnoc?fo?daetsnisESF?rehto?tisiv?ot?rotcepsni?GOF?s'ytiC?eht?swolla?dna?elbissop?sa?ylkciuq?sa?ecnailpmoc?ot?nruter?otevitnecni?na?setaerc?sihT?.detel pmoc?noitcepsni-er?eht?gnivah?ot?roirp?ecnailpmoc?ot?denruter?evah?yehttaht?setartsnomed?yllufsseccus?ESF?eht?fi?eef?noitcepsni-er?eht?eviaw?ot?gnisoporp?era?eW?.noitcepsni-er?a?gnitseuqer?dna?elbiss op?sa?noos?sa?snoitca?evitcerroc?yrassecen?eht?gnitelpmoc?ot?tnerreted?asi?sihT?.eef?noitcepsnier?001$?a?yap?ot?deriuqer?si?noitaloiv?fo?eciton?a?htiw?ecnailpmoc?niag?ot?gnitpmettaESF?yna?,yltnerruC? .deretsinimda?eb?lliw?eef?noitcepsni-er?a?nehw?no?noitacifiralc?si?egnahc?driht?ehT ORDINANCE NO. ____359 official or designee. ng of compliance or certificate of occupancy for such construction by the city buildiAny permitted construction shall be deemed compliant upon issuance of a certificate (d) to commencement of any discharge into the POTW. by the state and this chapter prior the requirements of the plumbing code as adoptedafter the effective date shall be equipped with a grease interceptor that complies with Except as otherwise provided in this chapter, new FSEs proposed or constructed (c) hydromechanical renovation of a structure designed to house an FSE with a Garbage disposals or food grinders are prohibited in new construction or (3) allow for the collection of greasy waste. installed to accommodate immersion of the largest equipment and utensils or a sink large enough to sink (scullery)compartment -have an associated threeCommercial dishwashers not discharging into a gravity grease interceptor shall (2) hers, garbage disposals, and prep sinks shall also flow into the gravity dishwasWhen a gravity grease interceptor is installed, the discharge from commercial (1) and in compliance with this chapter. installation and sizing requirements of the plumbing code as adopted by the state ning grease interceptor that complies with the into a properly maintained and functio(scullery) sinks, through which fats, oils, or grease may be discharged into the POTW compartment -rinse sinks, and three-drains, trough drains, floor sinks, mop sinks, prepreparation or cleanup areas, including floor waste from fixtures or sources in food Except as otherwise provided in this section, any FSE shall discharge all greasy (b) discharge fats, oils, or grease into the POTW. Waste pretreatment that complies with this chapter is required before an FSE may a)( .Grease interceptors –. 3-5-12Sec. is amended to read as follows:of the Rochester Code 3-5-12Section Section 1. THE COMMON COUNCIL OF THE CITY OF ROCHESTER ORDAINS: DISCHARGES OF FATS, OIL AND GREASE.S RELATING TO THE ROCHESTER CODE OF ORDINANCEOF 12OF TITLE 5 -12CHAPTER OF 10-5-2) OF SECTION 11( 5, AND PARAGRAPH -5-OF SECTION 12 )5( PARAGRAPH, 3-5-12 AN ORDINANCE AMENDING SECTION 360 4(4) are subject to the $50.00 surcharge fee. -5-obtained an exemption under 12pplies. FSEs that have a f) e3(-5-operations that affects FOG discharge or until 124(4), are not subject to the $50.00 surcharge fee until there is a change in -5-12exemption for grease interceptor installation; excluding exemptions granted under treat the addition of excessive FOG to the POTW. FSEs that have obtained an d to remove and surcharge fee of $50.00 per month for additional services requireExisting FSEs that are not equipped with a grease interceptor shall pay a (g))f( for testing oil and grease in wastewater. approved method -00 milligrams per liter are found by use of an EPAlimits of 1An FSE is not adequately retaining FOG when quantities above FOG discharge (4) to keep stoppages from occurring therein as determined by the manager; or The FSE discharges necessitate increased maintenance on the POTW in order (3) ctive date; on the effeThere is a change of ownership of an FSE within a building or facility that exists (2) application is thereafter made for a building or plumbing permit at the FSE; An FSE within a building or facility that exists on the effective date and (1) initial inspection of the FSE, when any of the following applies: compliant grease interceptor on a date deemed appropriate by the manager after comply with the most recent plumbing code as adopted by the state, shall install a e interceptor that does not with a grease interceptor or that are equipped with a greasExcept as otherwise provided in this chapter, existing FSEs that are not equipped (f))e( interceptor is not feasible. The FSE bears the burden of demonstrating that the installation of a grease adequately control the release of FOG from the FSE or the structure into the POTW. other alternative treatment technology which will in the managers discretion an exemption allowing such owner to install hydromechanical grease interceptors or may grant that installation of a gravity grease interceptor is not feasible, the managerlocated or to be located demonstrates to the reasonable satisfaction of the manager adopted by the state. If the owner of any FSE or of any structure in which an FSE is ents as Such grease interceptor must comply with all plumbing code requiremtime to city representatives for the purposes of inspection, sampling and testing. structure in a location outside of any building which allows unrestricted access at any occupied by the Such grease interceptor must be constructed on the propertygrease interceptor installed prior to discharging any wastewater into the POTW. Any new structure designed for or intended to be used for an FSE must have a gravity (e) 2 361 on March 1, 2023. . This ordinance shall become effective 4Section orcement action to compel compliance with this chapter. other enfThe reinspection fees are in addition to any compliance prior to the reinspection. fee will be waived if the FSE successfully demonstrates that they returned to The first reinspection needed to confirm that the violation has been corrected. ction for the second reinspection and $300.00 for each subsequent reinspefee of $100.00 to the water reclamation plant for the first reinspection, $200.00 all pay a reinspection sh inspection and required to complete corrective action(s)compliance during an -nonfound to be in outstanding notice of violation that is attempting to gain compliance with an Reinspection fees. (1) Fees. –. 10-5-12Sec. as follows:is amended to read of the Rochester Code 10-5-12Section Paragraph (1) of .3Section pter. to maintain such as specified in this chainstall the compliance grease interceptor of their choosing and will be required the FSE has the option to 3(e),-5-Excluding all scenarios covered by Section 12 However,. at other municipalities with FOG programs through installationsinterceptors due to lower maintenance costs and better FOG removal Gravity grease interceptor installation is preferred over hyrdromechanical grease 5)( .Installation of grease interceptors –. 5-5-12Sec. as follows:to read s amendediof the Rochester Code 5-5-12Section Paragraph (5) of . 2Section 3 362 docx.5)(10)(3)( 5-12Ord20/ Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY ___________________________________ APPROVED THIS _____ DAY OF ______________________, 2023. CITY CLERK _____________________ATTEST: _____ PRESIDENT OF SAID COMMON COUNCIL ___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF 4 M 363 gniviL?elbadroffAtnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.CDU?eht?fo?serudecorp?fo?sepyt?ralimis?rehto?htiw?tnetsisnoc,serudecorp?no?noitces?CDU?eht?nihtiw?dna ?tamrof?a?ni?,yrotnevni?cirotsih?eht?morf?ytreporp?a?fo?lavomerdna?gnitsil?eht?htob?rof?ssecorp?a?edivorp?D.050.005.06?dna?,050.005.06?,1-10.005?elbaT?B.010.005.066snoitces?ot?stnemdnemA?.yrotnevni?c irotsih?eht?,tsil?laitini?eht?morf?ytreporp?rieht?fo?lavomereht?tseuqer?ot?ytiliba?'srenwo?ytreporp?niatniam?ot?,desoporp?si?C.040.002.06?snoitceS?ot?tnemdnema?nA.CDU?eht?fo?serudecorp?ralimis?rehto? htiw?tnetsisnocni?si?sihT?.depoleved?saw?trahcwolf?larudecorp?etarapes?on?tub?,yrotnevni?eht?ot?seitreporp?gnidda?rof?noitatic?a?dedulcni?”serudecorPfo?elbaT?yrammuS?dna?noitcudortnI“?ehT?.dedulcni?t on?saw?CDU?eht?fo?noitces?noitartsinimdAdna?serudecorP?eht?ni?ssecorp?eht?fo?noitanalpxe?etelpmoc?a?tub?,deniatniam?saw?etov?ytirojamyb?gnitsil?)CPH(?noissimmoC?noitavreserP?egatireH?eht?fo?ssecorp?e lpmis?ehT?.CDU?detpoda-woneht?ni?dettimo?yltnetrevdani?saw?tsil?siht?morf?ytreporp?rieht?fo?lavomer?eht?tseuqer?ot?renwo?ytreporp?arof?ytiliba?ehT?.”yrotnevni“?ot?”skramdnal?laitnetop“?morf?degnahc?s aw?ygolonimret?eht?,revewoh?;degnahcton?sah?ssecorp?seitreporp?fo?noitacifitnedi?eht?,CDU?eht?hguorhT?.CDU?eht?otni?yltcerid?derrefsnart?sawecnanidrO?noitavreserP?egatireH?tnerruc?eht?morf?egaugnal?m argorP?noitavreserP?egatireH?eht?fo?tsoM.kramdnal?cirotsih?lacol?asa?detangised?eb?yam?ytreporp?a?erofeb?deriuqer?neht?si?noitaulave?etelpmoc?A?.kramdnal?a?sa?ytreporpeht?fo?noitaredisnoc?erutuf?rof? ,)ecnanidro?noitavreserP?egatireH?tnerruc?eht?rednu?kramdnal?laitnetopdellac(?yrotnevni?cirotsih?a?no?ytreporp?a?fo?gnitsil?laitini?na?fo?stsisnoc?tI?.CDU?eht?otni?detaroprocni?sawecnanidrO?noitavres erP?egatireH?tnerruc?eht?morf?noitangised?ytreporp?cirotsih?rof?ssecorp?pets-owt?ehT.ecnanidrOytiC?etarapes?a?ni?deifidoc?yltnerruc?si?hcihw?,margorP?noitavreserP?egatireH?s’ytiC?eht?setaroprocniosla ?CDU?wen?ehT?.3202?,1?yraunaJ?fo?sa?tceffe?otni?og?lliw?hcihw?,)CDU(?edoC?tnempoleveDdeifinU?eht?sa?nwonk?,ecnanidrO?gninoZ?wen?a?tpoda?ot?detov?licnuoC?ytiC?eht?,2202?,7?rebmetpeS?nO:evitarraN?trope R.yrotnevnI?ytreporP?cirotsiH?eht?morf?seitreporp?fo?lavomerdna?tnemecalp?gnidrager?)CDU(?edoC?tnempoleveD?deifinU?eht?gnidnema?ecnanidrO?na?gnitpodA:detseuqeR?noitcA???1.KD.050.005.06?dna?,050.005.0 6,1-10.005?elbaT?B.010.005.06?,C.040.002.06?snoitceS-?tnemdnemA?txeT?edoC?tnempoleveD?deifinU NOITCA?ROF?TSEUQER egarK-reldnipS?leahciM:RETNESERPsgnidaeR?dnoceS?ecnanidrO:NOITCES?ADNEGAeciffO?s'yenro ttA?ytiC:TPED?GNITANIGIRO3202?,9?yraunaJ:ETAD?GNITEE P 364 D.050.005.06?dna?,050.005.06?,1-10.005elbaT?B.010.005.06?,C.040.002.06?snoitceS?-?tnemdnemA?txeT?edoC?tnempoleveD?deifinU?-?ecnanidrO:stnemhcattA nergdnuL-nosrettaP?ylloM:yB?deraperP.yrotnevni? eht?morf?ytreporp?rieht?fo?lavomer?eht?tseuqer?ot?srenwo?ytreporpfo?thgir?tnerruc?a?evomer?dluow?CDU?eht?gnidnema?toN?.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.)0002J?. oN?tcejorP(?lavorppa?tegduB/margorP?tnemevorpmIlatipaC?0202?eht?gnirud?tcejorp?CDU?eht?rof?sdnuf?eht?devorppa?ylsuoiverp?licnuoC?ytiC?ehT:tcapmI?ecruoseR?&?lacsiF??.gnidaeR?tsriF?-?licnuoC?ytiC?:2202 ?,5?rebmeceD?tnemdnema?txet?fo?lavorppA?-?licnuoC?ytiC?:2202?,2?rebmevoN??noitadnemmocer?dna?weiver?CPH?:2202?,52?rebotcOtnemdnema?txet?CDU?fo?noitaredisnoc?dna?gniraeH?cilbuP?-?noissimmoC?gninnalP?: 2202?,21?rebotcOCDU?eht?fo?noitpodA?-?gniteeM?licnuoC?:2202?,7?rebmetpeS:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.seitinummoc?detneserperrednu?yllacirotsih?tceffa?taht?sreirrab?eht?eltnamsid? otskees?CDU?ehT?.ecar?dna?htlaew?ni?seitirapsid?fo?tnemecrofnier?citametsys?eht?fo?trap?neeb?sah?gninoZ.nalP?evisneherpmoC?eht?htiw?sdradnats?tnempoleved?eht?ngila?dna,ecnanidrO?noitavreserP?egatireH ?eht?dna?launaM?tnempoleveD?dnaL?s’retsehcoR?ecalper?lliw?CDU?ehT:tcapmI?IED?&?snoitaredisnoC?ycilo 365 property on the Historic Property Inventory, by majority vote.The Heritage Preservation Commission (HPC) may place a b. adding to the inventory. historic properties, of which the Commission may consider Anyone may identify and make known to the Commission, a. Procedure for adding properties to the inventory 3. properties from the historic property inventory. This section applies to the consideration of adding or removing Applicability 2. for possible future landmark designation.City that may meet the evaluation criteria in Section 60.200.040C.5 structures, sites, objects, landscapes and/or districts located in the The Historic Property Inventory is intended to identify buildings, Purpose 1. D. Property Placement on Historic Inventory Property Placement or Removal on Historic Inventory -Section 60.500.050D created to read as follows:is hereby Section 60.500.050D of the Unified Development Code .1Section R DO ORDAIN:THE COMMON COUNCIL OF THE CITY OF ROCHESTE CODE. OF THE UNIFIED DEVELOPMENT OF SECTION 60.500.050CLAUSE B OF SECTION 60.500.010 AND AMENDING TITLE 1 OF -SECTION 60.200.040C, AMENDING TABLE 500.01CLAUSE C OF SUBPARAGRAPH (d) OF PARAGRAPH 4 OF C, AMENDING SECTION 60.200.040OF CPARAGRAPH 4 OF ) OF fPARAGRAPH (SUB CREATING SECTION 60.500.050D,CREATING AN ORDINANCE ORDINANCE NO. ____ 1 366 w by the Community Development Department. public revieThe inventory of historic properties shall be established and maintained for the City Council pursuant to Section 60.500.030F.The HPC’s decision to place a property on the inventory may be appealed to future landmark designation is completed.Section 60.200.040C5 to support phase I survey documenting how the property meets one or more of the criteria of following the process detailed in Section 60.500.050D,, Property InventoryPreservation Commission may place a property on the Historic The Heritage d. to read as follows:amended is hereby Unified Development Code the 60.200.040C Section ) of CClause ( Paragraph 4 of ) ofdaragraph (Subp .3Section through the process described in Section 60.500.050D. its removal from the inventory of a property on the inventory may apply for Removal of property from the historic property inventory. The owner f. the Unified Development Code is hereby created to read as follows:Subparagraph (f) of Paragraph 4 of Clause C of Section 60.200.040 of Section 2. determine adding a property or removing one from the inventory. Criteria from Section 60.200.040C.5 shall be used by the HPC to inventoryCriteria for placement or removal of a property to the 5. all do so by majority vote. inventory, they shIf the HPC determines that it should be removed from the b. does not meet criteria for designation as a landmark property. from the inventory by providing evidence that the property The property owner may request removal of their property a. Procedure for removing properties from the inventory 4. property inventory for the purposes of this UDC.December 31, 2022, shall be transferred to the historic Properties designated as potential landmarks prior to c. 2 367 \[D\] R Y Reference Final Plat \[D\] R R Y Y Y Y Y found.source not Reference PermitMajor Land Subdivision \[D\] \[R\] R Y Y Y Y Y found.source not Reference Landmark DistrictLandmark Property or ofRemoval or Designation \[D\] R\[2\] \[R\]\[1\] R Y Y Y Y Y found.source not Reference Map Amendment)Rezoning (Official Zoning \[D\] R\[1\] \[R\] R Y Y found.source not Reference UDC Text Amendment \[D\] R R Y Y found.source not Reference Annexation of Land \[D\] \[R\] R Y Y found.source not Reference AmendmentGrowth Management Map \[D\] \[R\] R Y found.e not sourcError! Reference Adoption or Amendmentand/or Land Use Plan Comprehensive Plan Major Decision by City Council City Council AppealsZoning Board of CommissionPreservation Heritage CommissionPlanning DirectorDevelopment Community MeetingDevelopment -Pre MeetingInformation Neighborhood Posted Mailed Published Making Bodies-Review and Decision Submittal -Pre Notice UDC Section Procedure Y = Yes R = Review D = Decision A = Appeal \[ \] = Public Hearing Summary Table of Review Procedures 1-Error! No text of specified style in document. hereby amended to read as follows:the Unified Development Code is Decision That May Require by a Designated Authority of of Clause B of Section 60.500.010 relating to the 1-Table 500.01 Section 4. 3 368 \[A\] D Reference Inventoryremoval on Historic Property Placement or \[A\] \[D\] R found.source not Reference PermitShoreland Protection \[A\] D\[3\] R found.source not Reference AlterationsMajor – AppropriatenessCertificate of \[A\] \[D\] R Y Y Y Y Y found.source not Reference CommissionApproved by Planning Conditional Use Permit Decisions That May Require by a Designated Authority \[D\] R R Y Y Y Y Y found.source not Reference Interim Use Permit \[D\] R R Y Y Y Y Y Approved by City CouncilConditional Use Permit \[D\] \[R\] R Y Y Y Y Y found.source not Reference Development Distinctive \[D\] R R Y found.source not Reference Easement VacationPublic Street or \[D\] R R Y found.source not Reference Error! Official Map Adoption found.source not City Council AppealsZoning Board of CommissionPreservation Heritage CommissionPlanning DirectorDevelopment Community MeetingDevelopment -Pre MeetingInformation Neighborhood Posted Mailed Published Making Bodies-Review and Decision Submittal -Pre Notice UDC Section Procedure Y = Yes R = Review D = Decision A = Appeal \[ \] = Public Hearing Summary Table of Review Procedures 1-Error! No text of specified style in document. 4 369 \[A\] \[5\] found.source not Reference PermitFloodplain Development \[A\] D Y found.source not Reference PermitSubdivision Minor Land \[A\] D found.source not Reference Temporary Permit \[A\] D found.source not Reference CertificateRental Housing \[A\] \[A\] D found.source not Reference AlterationsMinor –Appropriateness Certificate of \[A\] D Y\[4\] Y\[4\] found.source not Reference Site Development Plan \[A\] D Y Y found.source not Reference PlanGeneral Development \[A\] D found.source not Reference Zoning Certificate Development Approvals by Community Development Director Dfound.not City Council AppealsZoning Board of CommissionPreservation Heritage CommissionPlanning DirectorDevelopment Community MeetingDevelopment -Pre MeetingInformation Neighborhood Posted Mailed Published Making Bodies-Review and Decision Submittal -Pre Notice UDC Section Procedure Y = Yes R = Review D = Decision A = Appeal \[ \] = Public Hearing Summary Table of Review Procedures 1-Error! No text of specified style in document. 5 370 Engineer.\[5\] Decision made by City Meeting or an information meeting. development -\[4\] A Site Development Plan proposing development of four or fewer residential units does not require a Pre \[3\] Public Meeting rather than Public Hearing is required. ng Commission.landmark designations shall be reviewed by the Heritage Preservation Commission rather than the Planni\[2\] Official Zoning Map Amendments that involve designation of HPO landmarks or landmark districts or removal of HPO he Heritage Preservation Commission.and t\[1\] UDC Text Amendments that involve the HPO or related procedures shall be reviewed by both the Planning Commission NOTES \[A\] \[D\] R Y Y Y found.source not Reference Variance \[A\] \[D\] R found.source not Reference Major Modification \[A\] D found.source not Reference Minor Modification Flexibility and Relief \[A\] D found.source not Reference Sign Permit \[A\] D found.source not Reference Lot Line Readjustment A \[5\] found.source not Reference Grading Permit City Council AppealsZoning Board of CommissionPreservation Heritage CommissionPlanning DirectorDevelopment Community MeetingDevelopment -Pre MeetingInformation Neighborhood Posted Mailed Published Making Bodies-Review and Decision Submittal -Pre Notice UDC Section Procedure Y = Yes R = Review D = Decision A = Appeal \[ \] = Public Hearing Summary Table of Review Procedures 1-Error! No text of specified style in document. 6 371 60.500Amend.docxUDC/20Ord r, Minnesota)Rocheste (Seal of the City of MAYOR OF SAID CITY ___________________________________ .3APPROVED THIS _____ DAY OF ______________________, 202 CITY CLERK ATTEST: __________________________ OF SAID COMMON COUNCILPRESIDENT ___________________________________ .3ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 202 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF effective from and after its publication.This ordinance shall become Section 6. AuthorityRequire a Hearing By A Designated May SECTION 60.500.050 Decisions that hereby amended to read as follows:The Title of Section 60.500.050 of the Unified Development Code is .5Section 7 M 372 tcirtsid?dna?aera?tcejorp?laudividni?eht?ot?setadpu?tpoda?dluow?licnuoC?ytiC?eht?,pam?aera?tcejorp?ehthguorht?setator?margorp?eht?sA?.margorp?eht?fo?noitaitini?eht?htiw?detpoda?eb?dluow?pam?mar gorp?ehT?.ytiC?eht?nihtiw?saera?tcejorp?lla?sserdda?ot?elcyc?raey-02?a?ni?stluser?,evoba?deniltuo?erutcurtseht?dna?,hcaorppa?sihT?.stcejorp?tcirtsid?EN?htiw?yltnerrucnoc?dereviled?eb?dluow?stcejorp?t cirtsidnwotnwod?eht?,tcirtsid?EN?eht?ni?stnuoc?lecrap?rewol?no?desaB?.sraey?evif?yreve?tcejorp?a?fo?tnempolevedeht?rof?detcepsni?eb?dluow?tcirtsid/aera?tcejorp?nwotnwod?eht?,esu?emulov-hgih?ylevitale r?sti?ot?euD?.saera?tcejorp?ruof?gniniatnoc?stcirtsid?gnidnuorrusevif?dna?aera?tcejorp?nwotnwod?eht?sa?tnirptoof?emas?eht?htiw?tcirtsid?nwotnwod?eno?–?margorp?DISa?rof?stcirtsid?xis?otni?depuorg?eb?n ac?saera?tcejorp?esehT?.saera?tcejorp?gnidnuorrus?02?dna?aera?tcejorpnwotnwod?eno?–?saera?tcejorp?klawedis?12?otni?dedivid?,retsehcoR?fo?pam?a?sniatniam?skroW?cilbuP?.sraey?evif?ot?pu?fo?doirep?a?rev o?dessessa?eb?nac?seef?ehT?.noitacifissalc?etatse?laer?nodesab?slecrap?lla?ssorca?daerps?era?seitilicaf?nairtsedep?gniriaper?fo?stsoc?eht?erehw?stcirtsid?etangisedsDIS?.krow?siht?dnuf?ot?)sDIS(?stcir tsiD?tnemevorpmI?klawediS?tpoda?nac?licnuoC?ytiC?eht?,44.534etutatS?atosenniM?ni?dedivorp?ytirohtua?eht?rednU?.sriaper?eht?gnittuba?slecrap?etavirp?no?stnemssessadna?yvel?xat?fo?noitanibmoc?a?hguorht ?dednuf?saw?margorp?klawedis?launna?eht?,yllacirotsiH?.raey?hcae?sklawedis?ytiC?evitcefed?fo?%5?yletamixorppa?ytnarraw?dna,riaper?,tcepsni?stcejorp?launna?ehT?.)ADA(?tcA?seitilibasiD?htiw?snaciremA?e ht?ot?tnemtimmoc?sti?teemot?stcejorp?ecnanetniam?dna?noitcurtsnocer?klawedis?launna?gnireviled?fo?noitidart?gnol?a?sah?ytiC?ehT:evitarraN?tropeR.ecnanetniaMriapeR?dna?tcirtsiD?tnemevorpmI?klawediS?ot ?detaleR?1.6-9?retpahC?gnitaerc?dna?;ecnanetniaM?riapeRdna?klawediS?ot?detaleR?6.9?retpahC?;riapeR?dna?noitcurtsnoC?rettuG?dna?bruC?dna?yawevirD?klawediSot?detaleR?5.9?retpahC?)OCR(?secnanidrO?fo?edo C?retsehcoR?eht?gnidnema?ecnanidrO?na?gnitpodA:detseuqeR?noitcA???2.KmargorP?tcirtsiD?tnemevorpmI?klawediS NOITCA?ROF?TSEUQER egarK-reldnipS?leahciM:RETNESERPsgnidaeR?dnoceS?ecnanidrO:NOITCES?ADNEGAs kroW?cilbuP:TPED?GNITANIGIRO3202?,9?yraunaJ:ETAD?GNITEE m 373 ecnanetniaM?riapeR?dna?tcirtsiD?tnemevorpmI?klawediS?ot?detaleR?1.6-9?retpahC?OCR?-?ecnanidrOecnanetniaM?riapeR?dna?klawediS?ot?detaleR?6-9?retpahC?OCR?-?ecnanidrOriapeRdna?noitcurtsnoC?rettuG? dna?bruC?dna?yawevirD?klawediS?ot?detaleR?5-9?retpahC?OCR?-?ecnanidrO:stnemhcattA reyemeiN?relyT:yB?deraperP?.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA?.neve?erom?dna?re daorbhcum?eb?dluow?snoitubirtnoc?etavirp?fo?noitubirtsid?eht?tub?,sdnuf?etavirp?tcelloc?llits?dluow?margorpDIS?nA?.stnemssessa?laiceps?dna?yvel?xat?fo?noitanibmoc?a?hguorht?dednuf?si?margorp?tnerruc? ehT.M6.1$?ot?M1$?yletamixorppa?morf?degnar?evah?stegdub?tcejorp?riaper?dna?tnemecalper?klawedis?tneceR:tcapmI?ecruoseR?&?lacsiF?.gnidaer?tsrif?ecnanidrO?-?gniteeM?licnuoC?:2202?,5?rebmeceD.devorppa?s noisiver?detaler-DIS?fo?mrof?ecnanidrO?desoporP?-?gniteeM?licnuoC?:2202?,41?rebmevoNmargorP?tcirtsiD?tnemevorpmI?klawediS?no?etadpU?-?noisseS?ydutS?:2202?,2?yaMstcirtsiD?tnemevorpmI?klawediS?&?etadpU ?yciloP?tnemssessA?-?noisseS?ydutS?:1202?,91?yluJweivrevO?tcirtsiD?tnemevorpmI?klawediS?-?noisseS?ydutS?:9102?,91?tsuguAtpecnoC?tcirtsiD?tnemevorpmI?klawediS?desoporP?a?fo?weiveR?-?elohW?eht?fo?eetti mmoC?:6102?,52?lirpAtpecnoC?tcirtsiD?tnemevorpmI?klawediS?fo?noitaredisnoC?-?elohW?eht?fo?eettimmoC?:5102?,91?rebotcO:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.deveihcanuog?yltnerruc?taht?slao g?launna?teem?ytiC?eht?spleh?margorp?DIS?eht?ni?gnidnuf?noitisnart?ADA?gnidulcnI?.retsinimda?ot?margorp?tneiciffe?erom?A.stnediser?lla?gnoma?detubirtsid?si?ytinummoc?elbaklaw?a?fo?tsoc?ehT.srenwo?ytr eporp?rof?margorp?elbadroffa?dna?,tneinevnoc?,elbatciderp?,elbadnatsrednu?erom?A?:edulcni?margorp?DIS?a?fo?stifeneB?.lla?yb?,esu?rof?elbaliavaera?dna?,ot?tifeneb?a?era?sklawedis?sa?,ytinummoc?eht?fo? noitrop?retaerg?a?gnoma?noitubirtsid?ot?renwoytreporp?tnecajda?eht?morf?stnemecalper?dna?sriaper?klawedis?fo?tsoc?eht?ngissaer?dluow?margorp?DIS?A:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.seiradnuob?ytiC?dna?lecrap?ot?snoisiver?yna?erutpac?ot?spa ORDINANCE NO___________374 to the determination of whether a permit should be issued. Such other information as the city engineer shall find reasonably necessary (6)(5) The estimated cost of the work; (5) Detailed plans of the work proposed to be done; (4) The location of the work area; (3) The name and address of the person who will do the work; (2) the property abutting the proposed work area; possession of The name and address of the owner and person in charge or (1) setting forth: An applicant for a permit hereunder shall file with the city engineer an application Application for permit. – 2-5-Sec. 9 read as follows:to amended de is hereby of the Rochester Co5 -9of Chapter 2-5-9Section . 2Section contract with the city on approved plans and specifications, no permit is required. any work described in this paragraph is being performed on behalf of the city or under g. Additionally, if panel by means of mud jacking, lifting, horizontal cutting, or grindindriveway approach by realignment of an otherwise displaced, undamaged concrete be required for persons adjusting a sidewalk or alsopermit shall AHowever, no provided by this chapter. way without first obtaining a permit from the city engineer as-of-or asphalt sidewalks, driveway approaches, or curb and gutters in the public rightNo person shall locate, establish, begin to construct, construct or alter any concrete (a) .Permit required –1. -5-Sec. 9 to read as follows:amended hereby the Rochester Code is of 5-9Chapter of 1-5-9Section Paragraph (a) of . 1Section ORDAINS:UNCIL OF THE CITY OF ROCHESTER THE COMMON CO .GUTTER CONSTRUCTION AND REPAIR, DRIVEWAY AND CURB AND SIDEWALKRELATING TO OF THE ROCHESTER CODE OF ORDINANCES TITLE 9 5 OF -9CHAPTER OF 3 -5-2 AND 9-5-SECTIONS 9 AMENDINGAND 1, -5-9SECTION PARAGRAPH (a) OF AMENDING AN ORDINANCE 2 375 .docx5 SidewalkAmend2023-920/Ord Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY ___________________________________ .32APPROVED THIS _____ DAY OF ______________________, 20 CITY CLERK __________________________ATTEST: PRESIDENT OF SAID COMMON COUNCIL ___________________________________ .302ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2 THE CITY OFBY THE COMMON COUNCIL OF D PASSED AND ADOPTE uary 1, 2023. This ordinance shall become effective . 4Section adjustment permits (mud jacking, lifting, horizontal cutting, or grinding.)No fees will be collected for sidewalk one permit and one permit fee shall be required. or altered simultaneously, only ,and gutters are to be located, established, constructedof the city council. When concrete or asphalt sidewalks, driveway approaches, or curb Each application shall be accompanied by a permit fee as established by resolution .Permit fees – .3-5-9Sec. read as follows:to amended of the Rochester Code is hereby 5-9of Chapter 3-5-Section 9. 3Section ORDINANCE NO___________376 clerk. the standard specifications approved by the council and on file in the office of the city sidewalk in repair and safe for pedestrians by Repairs shall be made in accordance with he The owners of any property within the city abutting a public sidewalk shall keep t assessment against the property benefited thereby if not paid by owner. repair work performed by the city shall be billed to the owner and shall be made a special sidewalk the city at the owner's expense. Finally, the notice shall state that the cost of anytime given, the director of public works or designee will repair the sidewalk on behalf of s or designee within the 30 days or fails to make the needed repairs within the public workthe notice. The notice shall also state that if the owner fails to respond to the director of city involvement, the repairs must be completed within 60 days of the date contained in property owner elects to undertake the sidewalk repair without of the marked sidewalk. If a director of public works or designee within 30 days stating their intended option for repair repair the marked sidewalk panels and shall order the owner to respond in writing to the ner that it is the owner's responsibility to found therein. The notice shall advise the owof the property and the occupant if the owner does not reside within the city or cannot be sidewalk repair notice to be served by United States Postal Service upon the record owner and cause a .hat needs repairdesignee shall physically mark the portion of sidewalk tprivate property is unsafe and in need of repairs, the director of public works or onpedestrians. If the director of public works or designee finds that any sidewalk abutting in repair and safe for necessary to determine that public sidewalks within the city are keptThe director of public works or designee shall make such inspections as are by director of public works. InspectionsOwner to repair sidewalk. 4.-6-Sec. 9 read as follows:to amended the Rochester Code is hereby of 6-9Chapter of 4-6-9Section . 1Section ORDAINS:UNCIL OF THE CITY OF ROCHESTER THE COMMON CO .MAINTENANCEAND REPAIR SIDEWALKORDINANCES RELATING TO TITLE 9 OF 6-CHAPTER 9OF 6 -6-5, AND 9-6-4, 9-6-S 9AMENDING SECTIONAN ORDINANCE 2 377 6.1.-sidewalk improvement district program will follow the provisions in Chapter 98. Repairs performed under the -6--6-Sec. 9occur according to the provisions in specifications, but outside the sidewalk improvement district program, the repairs will are performed on behalf of the city or under contract with the city on approved plans and act in accordance with law. When repairs for pedestrians or order the work done by contrThe director of public works or designee shall repair the sidewalk and make it safe Repair by director of public works. 6.-6- read as follows:to amended of the Rochester Code is hereby 6-9of Chapter 6-6-Section 9. 3Section assessment against the property benefited thereby if not paid by owner. repair work performed by the city shall be billed to the owner and shall be made a special nally, the notice shall state that the cost of any sidewalk the city at the owner's expense. Fitime given, the director of public works or designee will repair the sidewalk on behalf of public works or designee within the 30 days or fails to make the needed repairs within the er fails to respond to the director of the notice. The notice shall also state that if the owncity involvement, the repairs must be completed within 60 days of the date contained in of the marked sidewalk. If a property owner elects to undertake the sidewalk repair without ed option for repair director of public works or designee within 30 days stating their intendrepair the marked sidewalk panels and shall order the owner to respond in writing to the found therein. The notice shall advise the owner that it is the owner's responsibility to t be of the property and the occupant if the owner does not reside within the city or cannosidewalk repair notice to be served by United States Postal Service upon the record owner and cause a .ee shall physically mark the portion of sidewalk that needs repairdesignon private property is unsafe and in need of repairs, the director of public works or pedestrians. If the director of public works or designee finds that any sidewalk abutting ine that public sidewalks within the city are kept in repair and safe for necessary to determThe director of public works or designee shall make such inspections as are specifications approved by the council and on file in the office of the city clerk. Repairs shall be made in accordance with the standard 5).-a permit (Sec. 9 contractor withOwners may elect to repair or replace sidewalk at owner expense using a licensed . 6.1)-placed by the city until repairs are made under the sidewalk improvement district (Sec. 9maintaining sidewalk hazard markings safe for pedestrians by ndin repair asidewalk The owners of any property within the city abutting a public sidewalk shall keep the markings.Owner to maintain sidewalk Inspections by director of public works. 5.-6- read as follows:to amended of the Rochester Code is hereby 6-9f Chapter 5 O-6-9Section . 2Section 3 378 .docx6SidewalkMntn2023-920/Ord Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY ___________________________________ .32APPROVED THIS _____ DAY OF ______________________, 20 CITY CLERK ATTEST: __________________________ PRESIDENT OF SAID COMMON COUNCIL ___________________________________ .302OF _______________, 2 ROCHESTER, MINNESOTA, THIS __________ DAY THE CITY OFBY THE COMMON COUNCIL OF D PASSED AND ADOPTE on February 1, 2023. This ordinance shall become effective . 4Section able to each lot or parcel of property shall be reported to the city clerk. the repair attributpedestrians or order the work done by contract in accordance with law. The total cost of the director of public works or designee shall repair the sidewalk and make it safe for needed repairs within 60 days from the date on the notice, the 30 days or fails to make theIf the property owner fails to respond to the director of public works or designee within 379idewalk improvement district sAfter the parcel to which they are attributable under this chapter. mprovement charges for each separate lot or iidewalk sThe city clerk shall list the total Assessment or certification of cost .4-.16- . ttracand award the con s,rate, establish the improvement boundarymeeting that will establish the sidewalk council the ineriod pcpen oattend the Property owners will be notified by mail they are able to resolution. by rate will be establishedundary and bo sidewalk improvement district district will be brought to council for approval. Thethe area of the city to be included within the sidewalk improvement ,Each calendar year .and rate Description of district area .3-6.1- equal annual installments. onimprovements over a period of five years district walksidethe costs on all certify to the county auditor for collection with taxeswill The City district on a uniform basis as to each classification of real estate. sidewalk improvemented will be apportioned and assessed to all parcels or tracts of land located in the establishIn accordance with Minn. Stats. § 435.44, the total costs of sidewalk district improvements iability for cost.L .2-.16- city clerk. attributable to each lot or parcel of property shall be reported to the istrict costdmprovement iidewalk sdone by contract in accordance with law. The pedestrians or order the work he director of public works or designee shall repair the sidewalk and make it safe for T .istrict programdmprovement iidewalk sRepair by .1-.16- SIDEWALK IMPROVEMENT DISTRICT AND REPAIR MAINTENANCE .6.1-9 as follows:enacted to read created and is hereby of the Rochester Code 6.1 -9Chapter Section 1. THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: MAINTENANCE. IMPROVEMENT DISTRICT AND REPAIR SIDEWALK RELATING TO CODE OF ORDINANCESTHE ROCHESTER TITLE 9 OF OF 6.1 -9CHAPTER CREATING AND ENACTING AN ORDINANCE ORDINANCE NO. ____ 380 6.1SID.docx-920/Ord Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY ___________________________________ OF ______________________, 2023.APPROVED THIS _____ DAY CITY CLERK ATTEST: __________________________ PRESIDENT OF SAID COMMON COUNCIL ___________________________________ .3ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 202 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF .on February 1, 2023This ordinance shall become effective .2Section .along with current taxes as otherwise provided for by state law or the Charter ,following yearthe with taxes the county auditor for collectionto certify he city will t ,ompletedhas been c