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11-28-2022 Agenda and PacketA.5:30 P.M. - WORK SESSION Note: Unless otherwise noted, work sessions are held in the Fountain Conference Room in the lower level of City Hall and are open to the public. If the City Council does not complete the work session items in the time allotted, the remaining items will be considered after the regular agenda. A.1 2023 Levy Discussion A.2 Emerald Ash Borer Update A.3 Tree Policy Discussion A.4 Discuss Local Option Sales Tax A.5 Discuss 2023 Legislative Priorities A.6 Discuss City Council Appointment A.7 Future Work Session Schedule B.7:00 P.M. - ECONOMIC DEVELOPMENT AUTHORITY MEETING B.1 Approve Economic Development Authority Meeting Minutes dated November 22, 2021 B.2 Resolution 2022-XX: Approve Transfer of Real Property from the Chanhassen Economic Development Authority to the City of Chanhassen C.REGULAR CITY COUNCIL MEETING - CALL TO ORDER (Pledge of Allegiance) D.PUBLIC ANNOUNCEMENTS D.1 Invitation to Tree Lighting Ceremony on December 3 E.CONSENT AGENDA AGENDA CHANHASSEN CITY COUNCIL MONDAY, NOVEMBER 28, 2022 CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD 1 All items listed under the Consent Agenda are considered to be routine by the city council and will be considered as one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. City council action is based on the staff recommendation for each item. Refer to the council packet for each staff report. E.1 Approve City Council Minutes dated November 14, 2022 E.2 Receive Park & Recreation Commission Minutes dated October 25, 2022 E.3 Receive Environmental Commission Minutes dated October 12, 2022 E.4 Receive Commission on Aging Minutes dated September 16, 2022 E.5 Approve Claims Paid dated November 28, 2022 E.6 Approve Request to Extend Variance 2021-20 for PID 25.0080200 E.7 Approve an Encroachment Agreement between the City of Chanhassen and Alissa Marie Gullo fka Alissa Marie Revak and Joseph Anthony Gullo E.8 Resolution 2022-XX: Approve Contract for Tree Injection Services for Emerald Ash Borer Treatment from Rainbow Treecare E.9 Resolution 2022-XX: Authorize Contract for Geotechnical Services for the 2023 City Pavement Rehabilitation (#23-01) and 2023 Mill & Overlay (#23-04) Projects E.10 Resolution 2022-XX: Approve Acquisition of Real Property from the Chanhassen Economic Development Authority E.11 Resolution 2022-XX: Approve Joint Resolution Detaching and Annexing Property to Shorewood: 6200 Cardinal Avenue E.12 Resolution 2022-XX: Approve a Sewer and Water Service Agreement with the City of Shorewood and Private Property Owner E.13 Resolution 2022-XX: Approve Settlement Agreement for Parcel 29 as part of the CSAH 101 Improvement Project F.VISITOR PRESENTATIONS Visitor Presentations requesting a response or action from the City Council must complete and submit the Citizen Action Request Form (see VISITOR GUIDELINES at the end of this agenda). G.FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE G.1 Monthly Fire Department Update with Call Response Data from October G.2 Law Enforcement Update H.PUBLIC HEARINGS 2 I.GENERAL BUSINESS J.COUNCIL PRESENTATIONS K.ADMINISTRATIVE PRESENTATIONS L.CORRESPONDENCE DISCUSSION L.1 Metropolitan Mosquito Control District 2022 Annual Summary M.ADJOURNMENT GUIDELINES FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council Meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations. Anyone seeking a response or action from the City Council following their presentation is required to complete and submit a Citizen Action Request Form. An online form is available at https://www.ci.chanhassen.mn.us/action or paper forms are available in the city council chambers prior to the meeting. Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the Council. During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion or request. Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Tequila Butcher, 590 West 79th Street in Chanhassen immediately after the meeting for a purely social event. All members of the public are welcome. 3 City Council Item November 28, 2022 Item 2023 Levy Discussion File No.Item No: A.1 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Kelly Grinnell, Finance Director Reviewed By Laurie Hokkanen SUGGESTED ACTION Discussion Motion Type N/A Strategic Priority Financial Sustainability SUMMARY Please review the attached report for a review of budget/levy activity to date and levy options. BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 4 Report on Levy Options 5 The City Council has met in work sessions and meetings several times to review and discuss 2023 budgets and levies. The City Council met in work sessions on July 11 and August 22 to discuss broad goals and parameters and review rough amounts for the 2023 budget and levy. The City Council approved a preliminary levy on September 26 that is 7.2% higher than the 2022 levy; however, prior to adopting the preliminary levy, the Council stated that they were hopeful the final levy could be reduced. The City Council met in work session on October 10to discuss trail funding and discussed whether to reduce or eliminate the park renovation levy and replace it partially or fully with a trail levy. If there is no additional funding, it is projected that the City’s (Overall Condition Index) OCI for trails will drop from 74.96 in 2023 to 64.39 by 2027, which is below the City’s goal of 70. The City Council met in work session on November 14 to review the 2023 preliminary budgets, 2023 levy, and 2023-2017 Capital Improvement Plan (CIP). Results from November 14, 2022, Work Session One component of the preliminary levy discussed was the $250,000 for the Park Renovation Fund, which would be used to replace three park playgrounds. During the November 14 work session, the Council came to a consensus that the $250,000 in the preliminary levy for park renovation would be eliminated and that General Fund reserves would be used to fund $170,000 to replace two park playgrounds. The third playground will be scheduled for replacement in a later year. The Council discussed whether to replace all or a portion of the $250,000 Park Renovation Fund levy with additional funding for trails. The Council reviewed four scenarios for the levy: Option 1 – Levy Increase of 5.2% - No added funding for trails maintenance Option 2 – Levy Increase of 5.9% - Adds $90,000 for trails maintenance Option 3 – Levy Increase of 6.2% - Adds $125,000 for trail maintenance Option 4 – Levy Increase of 7.2% - Adds $195,000 for trail maintenance (OCI = 70) and $55,000 for additional park renovation Staff Recommendation Since the City Council did not reach a consensus staff recommends taking an average of the results, which would be a 6.3% increase in the levy, which would result in $138,000 for trail maintenance. This would bring the City closer to 70 for an OCI score on trails through 2027. On December 12 the City Council is holding the annual Truth in Taxation meeting and will adopt a final levy and budget at that meeting. Impact on Taxpayers The charts below show the impact of the different levies on various taxpayers. 6 7 City Council Item November 28, 2022 Item Emerald Ash Borer Update File No.Item No: A.2 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Jill Sinclair, Environmental Resource Specialist Reviewed By SUGGESTED ACTION Update Motion Type N/A Strategic Priority N/A SUMMARY City staff will review the current status of emerald ash borer (EAB) in Chanhassen, its history in the state, and future threats to the City’s trees. Emerald ash borer has become established in Chanhassen and its effect is being seen in several areas within the community. Since its initial confirmation almost two years ago, the insect has spread to multiple neighborhoods. This pest will continue to have an impact on Chanhassen for several years to come, with the worst of it yet to be seen. The City has taken steps to protect valuable public ash along streets and in parks that provide environmental benefits to their specific sites as well as contribute to the overall canopy cover for the community. Private ash trees will need increased awareness and attention from the public to mitigate the devastating impact. BACKGROUND DISCUSSION 8 BUDGET RECOMMENDATION ATTACHMENTS 9 City Council Item November 28, 2022 Item Tree Policy Discussion File No.Item No: A.3 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Jill Sinclair, Environmental Resource Specialist Reviewed By SUGGESTED ACTION Discussion Motion Type N/A Strategic Priority Asset Management SUMMARY City Staff has been considering whether the City’s tree preservation code should be updated. Staff will review its findings and update the Council on how the City’s current code provides protection for the community’s trees and ways in which the code could be modified to meet the needs of the community. BACKGROUND DISCUSSION BUDGET RECOMMENDATION 10 ATTACHMENTS Tree Replacement Formulas Bulletin 11 12 City Council Item November 28, 2022 Item Discuss Local Option Sales Tax File No.Item No: A.4 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Laurie Hokkanen, City Manager Reviewed By SUGGESTED ACTION Discuss and receive report from the University of Minnesota Extension. Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY The City has some interest in exploring a local option sales tax as a funding mechanism for a public- private partnership at the Avienda development. BACKGROUND The City hired the University of Minnesota to conduct an analysis of potential proceeds and payers. Ryan Pesch, Extension Educator-Community Economics at the University of Minnesota, will join via Zoom to review the attached report. DISCUSSION BUDGET 13 RECOMMENDATION ATTACHMENTS Local Option Sales Tax Analysis LGN State Team Bios Chanhassen Proposal - LGN Process Overview 14 EXTENSION CENTER FOR COMMUNITY VITALITY Local Option Sales Tax Analysis for Chanhassen, MN ESTIMATED CONTRIBUTIONS OF RESIDENTS AND NON-RESIDENTS TO A LOCAL OPTION SALES TAX Authored by Ryan Pesch REPORT SPONSOR: CITY OF CHANHASSEN, MINNESOTA 15 16 Local Option Sales Tax Analysis for Chanhassen, MN 1 Report Reviewers: Kelly Grinnell, Finance Director. Sponsor: City of Chanhassen Local Option Sales Tax Analysis for Chanhassen ESTIMATED CONTRIBUTIONS OF RESIDENTS AND NON-RESIDENTS TO A LOCAL OPTION SALES TAX November, 2022 Authored by Ryan Pesch, Extension Educator, University of Minnesota Extension Center for Community Vitality © 2022 Regents of the University of Minnesota. All rights reserved. University of Minnesota Extension is an equal opportunity educator and employer. In accordance with the Americans with Disabilities Act, this material is available in alternative formats upon request. Direct requests to 612-625-8233. Printed on recycled and recyclable paper with at least 10 percent postconsumer waste material. 17 Local Option Sales Tax Analysis for Chanhassen, MN 2 Table of Contents SUMMARY OF FINDINGS ........................................................................................... 3 BACKGROUND AND METHODOLOGY ........................................................................ 7 .................................................................................................................................. TRADE AREA ANALYSIS BY MERCHANDISE CATEGORY ............................................... 8 Vehicles and Parts ................................................................................................. 8 Furniture Stores .................................................................................................... 9 Electronics and Appliances .................................................................................. 10 Building Materials ............................................................................................... 11 Food and Groceries ............................................................................................. 12 Health and Personal Items ................................................................................... 13 Gas/Convenience Stores ...................................................................................... 14 Apparel/Clothing ................................................................................................. 15 Leisure Goods ..................................................................................................... 16 General Merchandise Stores ................................................................................ 17 Miscellaneous Retail ........................................................................................... 18 Amusement and Recreation ................................................................................ 20 Accommodations ................................................................................................ 20 Eating/Drinking Establishments ........................................................................... 21 Repair and Maintenance ..................................................................................... 22 Personal Services/Laundry .................................................................................. 23 Retail (non-store) and Other Services .................................................................. 24 Construction, Manufacturing, Utilities, Wholesale Operations, Transportation, and Sales Suppressed for Business Confidentiality ...................................................... 25 APPENDIX A: RESEARCH ON THE EFFECTS OF A LOCAL OPTION SALES TAX ............... 26 APPENDIX B: DEFINITIONS OF TERMS ...................................................................... 28 18 Local Option Sales Tax Analysis for Chanhassen, MN 3 SUMMARY OF FINDINGS University of Minnesota Extension conducted a study to estimate the proportion of sales proceeds attributed to both Chanhassen residents and non-residents. Using 2019 sales and use tax data available from the Minnesota Department of Revenue (MN Revenue), Extension estimated that non-residents account for 45.1 percent of taxable sales subject to a local option sales tax (LOST). Extension chose to use 2019 data instead of the more recent 2020 data due to the significant disruption of sales caused by the pandemic. Driven by an increase in taxable sales in the grocery and building materials categories, the net effect of the pandemic increased the proportion of non-resident spending. Assuming these patterns are transitory, Extension used 2019 data so as not to over-estimate based on a short- lived increase in spending in the community. In 2019, total taxable sales in Chanhassen were $372 million. MN Revenue analysts estimate that approximately 91% would be subject to a LOST. With 45.1 percent of sales derived from non-resident spending, Extension estimated that Chanhassen residents spent $186 million of the total $340 million in taxable sales subject to a LOST. If the tax were in place in 2019, a 0.5 percent local option sales tax would have garnered $1.7 million in tax proceeds according to MN Department of Revenue analysts. Chanhassen residents would have contributed $934 thousand in taxes, and non-residents would have contributed $766 thousand. Based on these estimates, each Chanhassen resident would have paid, on average, an additional $35.55 in sales tax in 2019. This report is based on a trade area analysis comparing actual taxable sales to potential sales. This is calculated by multiplying the Chanhassen population in 2019 (MN Demographic Center) by the Minnesota average per capita sales for each category, and then adjusting for the county’s personal income factor. This initial analysis provided an estimate of retail and service purchases made by Chanhassen residents. For each merchandise group, the estimates for two types of purchasers—city residents and others—were calculated and adjusted considering the area economy. These adjustments were based on informed estimates and were aimed, in part, at reducing potential overestimates of the sales tax share attributable to non-residents. Assumptions and calculations are included for major retail and service categories so local decision makers can adjust totals if they have more nuanced insight. Several factors and features of Chanhassen’s economy helped frame the analysis for the different merchandise categories: 19 Local Option Sales Tax Analysis for Chanhassen, MN 4 • As a metro community with many nearby competing shopping centers, cross-hauling is a significant factor. Chanhassen residents can easily shop outside of the community and residents of nearby communities can also easily access Chanhassen businesses. For this analysis, cross-hauling has the net effect of increasing non-resident spending. • Chanhassen has more workers entering the city for employment than residents who leave for work (Figure 1). In this dynamic, commuters often shop for goods and services near where they work and those commuting into the city purchase in the city. Figure 2 shows the estimated percentage of sales—across all merchandise categories— attributed to both residents and non-residents in 2019. These estimates are based on the adjusted analysis to more accurately reflect the city’s economic and consumption circumstances. Based on these findings, Extension estimates city residents represent 54.9 percent of all taxable retail and service sales subject to the tax ($187 million), and the remaining 45.1 percent ($153 million) are attributed to non-residents. The total taxable sales in the city experienced modest fluctuations between 2011 and 2017, after which they remained consistent (Figure 3). Total taxable sales were $258 million in 2011 and $372 million in 2019. This provides some sense of the stability of a LOST going forward. The city did experience a 2.6% increase between 2019 and 2020 due to the economic Figure 2: Estimated 2020 Taxable Sales Subject to LOST Taxable Sales Percent of Sales City residents $186,817,191 54.9% Non-residents $153,182,809 45.1% Figure 1: Chanhassen worker in-flow and out-flow Inflow and outflow of wage earners. Source: 2019 U.S. Census Bureau On-The-Map Figure 3: Total taxable sales in Chanhassen from 2011-20 (millions) Source: Minnesota Department of Revenue $- $50 $100 $150 $200 $250 $300 $350 $400 $450 2011 2013 2015 2017 2019 20 Local Option Sales Tax Analysis for Chanhassen, MN 5 shifts in spending, more than likely due to the pandemic. Extension forecasted taxable sales subject to the local tax for 2020, 2021, and 2022 using a simple exponential smoothing forecast model that employs a moving weighted average and a 95% confidence interval to provide an upper and lower bound to the estimate (Figures 5 and 6). This model estimates total tax proceeds in 2023 to be between an upper limit of $2.25 million and a lower limit of $1.79 million. Considering the historic disruption of the pandemic and its uneven effect on business categories, this forecast is an unlikely scenario based only on past trends. National evidence shows that home-focused businesses like food, building materials, furniture, and general merchandise did well through the pandemic, whereas dining, accommodations, and amusement saw record sales decreases. The sharp rebound in sales in 2021 further complicates any forecast. Although Chanhassen saw an increase in building materials, leisure goods, and food and liquor stores, the city departed from this national pattern with a significant decrease in furniture sales, while, surprisingly, food service remained nearly the same from year to year (Figure 4). Figure 4: Change in Taxable Sales by Percent, 2019-2020 -74% -53%-51% -37% -25%-21%-12%-10%-8%-1%-1% 24%26% 61% -100% -80% -60% -40% -20% 0% 20% 40% 60% 80% 21 Local Option Sales Tax Analysis for Chanhassen, MN 6 Figure 5: Forecast for Tax Proceeds based on Past Trends 2011 to 2019 Figure 6: Forecast with Upper and Lower Bound 2020-23 Forecast Lower Bound Upper Bound 2020 $1,828,593 $1,621,694 $2,035,492 2021 $1,892,398 $1,679,082 $2,105,715 2022 $1,956,204 $1,736,608 $2,175,800 2023 $2,020,009 $1,794,261 $2,245,758 In contrast, a forecast of tax proceeds for the three years following 2020 provides a slightly more optimistic estimate simply due to the modest uptick in taxable sales in 2020 (Figure 7). For this reason, although 2020 was released when conducting this analysis, Extension based final results on 2019 data to keep estimates more conservative. Figure 7: Forecast for Tax Proceeds based on Past Trends 2011 to 2020 $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Values Forecast Lower Confidence Bound Upper Confidence Bound $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Values Forecast Lower Confidence Bound Upper Confidence Bound 22 Local Option Sales Tax Analysis for Chanhassen, MN 7 Use taxes also affect the tax proceeds from a local option sales tax. Use taxes derive from city businesses purchasing products from out-of-state sources and in other Minnesota locations. Use taxes are often less consistent and more difficult to estimate accurately than sales taxes. In 2019, the city received $1,988,921 in use (not sales) tax proceeds. It would have garnered $145,000 for a LOST at the 0.5 percent rate. Policymakers must also consider the impacts that a LOST may have on consumer purchasing behavior, particularly whether it will result in a loss of consumer purchases to other jurisdictions. Extension examined records of 11 cities that enacted a local option sales tax between 1999 and 2006 (information available on the Minnesota Department of Revenue website). Records do not indicate a major purchasing change due to the additional sales tax, and most of the jurisdictions have shown continued sales growth (see Appendix A). These communities, however, may not be comparable to Chanhassen. All communities included in this analysis are located outside the Twin Cities metro area and may retain more shoppers than communities in the metro area where one can easily switch spending from one jurisdiction to another. 23 Local Option Sales Tax Analysis for Chanhassen, MN 8 BACKGROUND AND METHODOLOGY Community economics educators at University of Minnesota Extension provide applied research and education to help community and business partners make better informed decisions. In recent years, Minnesota has adopted laws enabling local governments to enact a local option sales tax. Extension has assisted these administrations in estimating their potential tax proceeds and the portion of taxes paid by local residents. This report estimates the proportion of tax proceeds generated by Chanhassen residents compared to non-residents. The most recently available state sales tax data (2019) from the Minnesota Department of Revenue (MN Revenue) was used. Trade Area Analysis and Calculations Extension conducted a trade area analysis of retail and service sales in select merchandise categories, estimating the amount of taxable sales subject to sales taxes made by both local residents and non-residents. Use tax is a much smaller portion of the total collection compared to sales tax proceeds. It is also estimated using a different formula. Extension calculated potential sales for the city in each merchandise category and compared this calculation to actual taxable sales from the Minnesota Department of Revenue sales tax statistics for the same category. Actual sales greater than potential sales indicate the county attracts sales from outside its boundaries or has sales greater than one would expect from its residents. Extension used the difference between potential and actual sales to set reasonable estimates of spending by residents and non-residents across all categories. These estimates also helped inform adjustments for each category. Potential sales calculations are based on average statewide spending by merchandise category and the population of the county, then adjusted by the level of income in Chanhassen. Specifically, potential sales result from county population, state per capita taxable sales, and the index of income (see sidebar and Appendix B). The following section details the initial and adjusted trade area calculations for all merchandise categories. The sections labeled “Analysis with Adjustments” lists the final estimate of sales generated by non-residents. A rationale for adjustments and conclusions is also included. Potential sales estimate the dollar amounts for purchases made by local residents if local residents spend as much as the average Minnesota resident. Potential sales are calculated by the following formula: (T ÷ PMn) x PO x (YWC ÷YMn) = potential sales T = Total Minnesota taxable sales for a merchandise category PMn = 2019 population of Minnesota (5,639,632) PO = 2019 population of Chanhassen (26,278) YWC = Per capita income of Carver County residents ($73,023) YMn = Per capita income of Minnesota residents ($58,834) 24 Local Option Sales Tax Analysis for Chanhassen, MN 9 TRADE AREA ANALYSIS BY MERCHANDISE CATEGORY The following pages provide detailed analysis by merchandise category. Vehicles and Parts 0.9 percent of total taxable retail and service sales The 6 businesses in this retail category include repair parts, snowmobiles, boats, trailers, and recreational vehicles. Sales of cars and other on-road vehicles are not included in this category since they are subject to a different tax. ($Millions) Actual taxable sales NA -Potential sales $18.24 = $ variance NA = as % of potential Unadjusted Trade Area Analysis Potential taxable sales to residents Surplus Total Surplus percentage Analysis with Adjustments Capture rate of Chanhassen residents Residents' $ share Non-Residents' $ share Total Non-resident share per group Analysis for Vehicles and Parts In 2019, Chanhassen had its sales in general merchandise suppressed due to too few businesses reporting in this category. Minnesota Revenue will suppress data when less than four establishments have reported. The sales from the vehicles and parts businesses that were operating in 2019 were reported in the miscellaneous retail category. 25 Local Option Sales Tax Analysis for Chanhassen, MN 10 Furniture Stores 0.6 percent of total taxable retail and service sales These 7 businesses sell furniture, beds, carpeting, window coverings, kitchenware, and wood-burning stoves. ($Millions) Actual taxable sales $1.93 Potential sales $8.46 = $ variance ($6.53) = as % of potential -77.2% Unadjusted Trade Area Analysis Potential sales to residents $8.46 Surplus ($6.53) Total $1.93 Non-resident share per group -338.8% Analysis with Adjustments Capture rate of Chanhassen residents 21% Residents' $ share $1.73 Non-Residents' $ share $0.19 Total $1.93 Non-resident share per group 10.0% Analysis for Furniture Stores Furniture stores are a minor retail category in Chanhassen with 7 businesses operating in the city. The community had a very sizeable deficit in 2019, 77% less than expected. When a community has a deficit, Extension still sets the non-resident share above zero because it is unrealistic to assume that no sales come from outside the community. In this case, Extension set the non-resident share at 10% due to the cross-hauling of customers in the metro area where non-residents are in close proximity. 26 Local Option Sales Tax Analysis for Chanhassen, MN 11 Electronics and Appliances 0.4 percent of total taxable retail and service sales* These 7 businesses primarily include household-type appliances, sewing machines, cameras, computers, and other electronic goods. ($Millions) Actual taxable sales $1.17 -Potential sales $9.29 = $ variance ($8.13) = as % of potential -87.5% Unadjusted Trade Area Analysis Potential sales to residents $9.29 Surplus ($8.13) Total $1.17 Non-resident share per group -696.8% Analysis with Adjustments Capture rate of Chanhassen residents 12% Residents' $ share $1.11 Non-residents' $ share $0.06 Total $1.17 Non-resident share per group 5.0% Analysis for Electronics and Appliances Taxable sales are significantly lower than expected in the electronics and appliances category. The category accounts for only 0.4% of all retail and service taxable sales and lost over $8 million more than expected. Clearly residents are shopping outside of Chanhassen in this category. Extension set the non-resident share at 5% to allow for some minor amount of shopping by non-residents at 7 businesses operating in the community. 27 Local Option Sales Tax Analysis for Chanhassen, MN 12 Building Materials 20.0 percent of total taxable retail and service sales* These 5 businesses sell lumber, hardware, paint, wallpaper, tile, hardwood floors, roofing, fencing, ceiling fans, lawn equipment, and garden items. ($Millions) Actual taxable sales $60.08 Potential sales $31.45 = $ variance $28.63 = as % of potential 91.1% Unadjusted Trade Area Analysis Potential sales to residents $31.45 Surplus $28.63 Total $60.08 Non-resident share per group 47.7% Analysis with Adjustments Capture rate of Chanhassen residents 76% $49Residents' $ share $24.03 Non-residents' $ share $36.05 Total $60.08 Non-resident share per group 60.0% Analysis for Building Materials Building materials is surprisingly a large category in Chanhassen, accounting for only 20% of all retail and service taxable sales. The focus group did not think that Chanhassen had a large presence in building materials since there isn’t a big box building material store in the community such as Menards, Lowes, or Home Depot. Instead, the community does host Lyman Lumber, Lumber Liquidators, and Merlin’s Ace Hardware. These and two other businesses must be pulling in significant non-resident traffic at nearly 50% more than expected for the size of the community. Extension set the non-resident share at 60% to account for Chanhassen residents shopping outside the community at easily-accessible building material stores in Eden Prairie. 28 Local Option Sales Tax Analysis for Chanhassen, MN 13 Food and Groceries 17.4 percent of total taxable retail and service sales The 16 businesses in this merchandise group include grocery stores, delis, bakeries, and butcher shops that sell food to be prepared at home. Liquor stores are also included in this group. ($Millions) Actual taxable sales $52.02 - Potential sales $23.33 = $ variance $28.69 = as % of potential 123.0% Unadjusted Trade Area Analysis Potential sales to residents $23.33 Surplus $28.69 Total $52.02 Non-resident share per group 55.2% Analysis with Adjustments Capture rate of Chanhassen residents 76% Residents' $ share $17.69 Non-residents' $ share $34.33 Total $52.02 Non-resident share per group 66.0% Analysis for Food and Groceries Extension’s trade area analysis estimated a significant in the food and liquor category in this category, which is clearly a niche for the community that pulls in non-residents. Extension estimated that Chanhassen residents spend $23 million in taxable sales in this category, yet Chanhassen store reported $52 million in taxable sales. With this strong a draw, Extension set the non-resident share at 66%. With such a concentration in grocery with stores such as Lunds, Byerlys, Cub, and Lakewinds Co-op, Chanhassen clearly has a solid mix which would reasonably pull in non-resident traffic. 29 Local Option Sales Tax Analysis for Chanhassen, MN 14 Health and Personal Items 1.5 percent of total taxable retail and service sales Stores selling prescription drugs, food supplements, vision supplies, cosmetics, and hearing aids are among the 16 businesses included in this merchandise group. ($Millions) Actual taxable sales $4.62 Potential sales $4.00 = $ variance $0.62 = as % of potential 15.5% Unadjusted Trade Area Analysis Potential sales to residents $4.00 Surplus $0.62 Total $4.62 Non-resident share per group 13.4% Analysis with Adjustments Capture rate of Chanhassen residents 75% Residents' $ share $3.00 Non-residents' $ share $1.62 Total $4.62 Non-resident share per group 35.0% Analysis for Health and Personal Items As a percent of total retail and service sales, the health and person stores category may appear small, but actually this category is disproportionately strong with 16 businesses in operation. The category accounts for 1.5% of taxable retail and service sales in the state. Taxable sales are greater than would be expected for the size of the community with a $0.62 million surplus. Extension set the non-resident share at a 35%. This translates into a 75% capture rate of local resident spending. 30 Local Option Sales Tax Analysis for Chanhassen, MN 15 Gas/Convenience Stores 1.0 percent of total taxable retail and service sales This merchandise group covers 9 businesses selling convenience items at a store that also sells fuel. ($Millions) Actual taxable sales $5.61 -Potential sales $8.11 = $ variance ($2.50) = as % of potential -30.8% Unadjusted Trade Area Analysis Potential sales to residents $8.11 Surplus ($2.50) Total $5.61 Non-resident share per group -44.5% Analysis with Adjustments Capture rate of Chanhassen residents 62% Residents' $ share $5.05 Non-residents' $ share $0.56 Total $5.61 Non-resident share per group 10.0% Analysis for Gas/Convenience Stores Chanhassen has a sizeable deficit in the gas and convenience store category, netting $2.5 million less than potential sales calculations. Extension set the non-resident share at a conservative 10% to account for non-resident spending when traveling through on major thoroughfares. 31 Local Option Sales Tax Analysis for Chanhassen, MN 16 Apparel/Clothing 0.1 percent of total taxable retail and service sales This merchandise group includes 12 businesses selling new clothing and accessories, jewelry, shoes, bridal items, clocks, and luggage. ($Millions) Actual taxable sales $0.19 Potential sales $4.65 = $ variance ($4.46) = as % of potential -95.9% Unadjusted Trade Area Analysis Potential sales to residents $4.65 Surplus ($4.46) Total $0.19 Non-resident share per group -2358.3% Analysis with Adjustments Capture rate of Chanhassen residents 4% Residents' $ share $0.18 Non-residents' $ share $0.01 Total $0.19 Non-resident share per group 5.0% Analysis for Apparel/Clothing The clothing and apparel category is significantly weaker than expected for the size of Chanhassen. Even though 12 businesses reported sales, Extension’s trade area analysis estimates that the city brought in 95% less in taxable sales than expected and set the non- resident share a modest 5% of taxable sales. 32 Local Option Sales Tax Analysis for Chanhassen, MN 17 Leisure Goods 0.0 percent of total taxable retail and service sales The 9 businesses in this merchandise group sell sporting goods, books, music, hobby items, fabrics, and toys. ($Millions) Actual taxable sales $0.10 Potential sales $5.83 = $ variance ($5.73) = as % of potential -98.3% Unadjusted Trade Area Analysis Potential sales to residents $5.83 Surplus ($5.73) Total $0.10 Non-resident share per group -5652.1% Analysis with Adjustments Capture rate of Chanhassen residents 2% Residents' $ share $0.10 Non-Residents' $ share $0.01 Total $0.10 Non-resident share per group 5.0% Analysis for Leisure Goods Extension’s trade area analysis estimates that the city has a $5.9 million deficit in this minor category which is focused on specialized retail. Extension set the non-resident share at 5%, not unlike other categories with significant deficits. 33 Local Option Sales Tax Analysis for Chanhassen, MN 18 General Merchandise Stores N/A percent of total taxable retail and service sales* The N/A businesses in this category sell general merchandise and are unique because they have the equipment and staff needed to sell a large variety of goods from a single location. This includes department stores, superstores, dollar stores, and variety stores. ($Millions) Actual taxable sales potential sales = $ variance = as % of potential Unadjusted Trade Area Analysis Potential sales to residents Surplus Total Non-resident share per group Analysis with Adjustments Capture rate of Chanhassen residents Residents' $ share Non-Residents' $ share Total Non-resident share per group Analysis for General Merchandise Stores In 2019, Chanhassen had its sales in general merchandise suppressed due to too few businesses reporting in this category. Minnesota Revenue will suppress data when less than four establishments have reported. The sales from the general merchandise stores that were operating in 2019 were reported in the miscellaneous retail category. 34 Local Option Sales Tax Analysis for Chanhassen, MN 19 Miscellaneous Retail 11.3 percent of total taxable retail and service sales 48 businesses are part of this group, including florists, used merchandise stores, pet supply stores, and other retailers. ($Millions) Actual taxable sales $33.73 Potential sales $58.81 = $ variance ($25.08) = as % of potential -42.6% Unadjusted Trade Area Analysis Potential sales to residents $58.81 Surplus ($25.08) Total $33.73 Non-resident share per group -74.4% Analysis with Adjustments Capture rate of Chanhassen residents 50% Residents' $ share $29.68 Non-residents' $ share $4.05 Total $33.73 Non-resident share per group 12.0% Analysis for Miscellaneous Retail Extension’s trade area analysis estimates that Chanhassen brought in $25 million less than expected in the miscellaneous retail category, which was a combined general merchandise/vehicles/misc. retail category since vehicles and parts and general merchandise were suppressed due to privacy issues. Extension set the non-resident share to 12% . 35 Local Option Sales Tax Analysis for Chanhassen, MN 20 Amusement and Recreation 5.3 percent of total taxable retail and service sales* The 13 businesses in this group include casinos, bowling lanes, water parks, amusement parks, arcades, bingo halls, golf courses, ski slopes, marinas, dance or fitness centers, recreational clubs, ice rinks, swimming pools, roller rinks, etc. ($Millions) Actual taxable sales $15.85 Potential sales $10.03 = $ variance $5.82 = as % of potential 58.1% Unadjusted Trade Area Analysis Potential sales to residents $10.03 Surplus $5.82 Total $15.85 Non-resident share per group 36.7% Analysis with Adjustments Capture rate of Chanhassen residents 73% Residents' $ share $7.29 Non-residents' $ share $8.56 Total $15.85 Non-resident share per group 54.0% Analysis for Amusement and Recreation Extension’s trade area analysis estimates that the city has a significant surplus of potential sales, most likely driven by a famous and popular Chanhassen Dinner Theater and local recreation establishments such as Anytime Fitness. In this case and considering the large surplus of $10 million, Extension set the non-resident share at 54 percent. 36 Local Option Sales Tax Analysis for Chanhassen, MN 21 Accommodations 1.8 percent of total taxable retail and service sales These 8 businesses provide lodging or short-term accommodations for travelers, vacationers, and others. Included are hotels, motels, lodges, bed & breakfasts, campgrounds, fraternities, boarding houses, and dormitories. ($Millions) Actual taxable sales $5.27 Potential sales $13.29 = $ variance ($8.02) = as % of potential -60.4% Unadjusted Trade Area Analysis Potential sales to residents $13.29 Surplus ($8.02) Total $5.27 Non-resident share per group -152.2% Analysis with Adjustments Capture rate of Chanhassen residents 4% Residents' $ share $0.53 Non-residents' $ share $4.74 Total $5.27 Non-resident share per group 90.0% Analysis for Accommodations Logically, a significant percentage of lodging sales are from non-residents visiting the area or staying overnight for business or vacation. As with previous LOST analyses, Extension set the non-resident share at 90 percent of sales to allow for resident spending related to events, facility charges, and ‘staycations.’ 37 Local Option Sales Tax Analysis for Chanhassen, MN 22 Eating/Drinking Establishments 19.0 percent of total taxable retail and service sales These 59 businesses sell food at full-service or limited-service establishments. The group includes cafeterias, bagel shops, ice cream parlors, snack bars, food service contractors, caterers, lunch wagons, and street vendors. It also includes bars, taverns, and nightclubs. ($Millions) Actual taxable sales $56.90 Potential sales $54.59 = $ variance $2.31 = as % of potential 4.2% Unadjusted Trade Area Analysis Potential sales to residents $54.59 Surplus $2.31 Total $56.90 Non-resident share per group 4.1% Analysis with Adjustments Capture rate of Chanhassen residents 76% Residents' $ share $41.54 Non-residents' $ share $15.36 Total $56.90 Non-resident share per group 27.0% Analysis for Eating/Drinking Establishments The eating and drinking category—which includes all bars, restaurants, and other food service—is a significant category with $57 million in taxable sales and has a modest surplus at nearly $2.3 million. The local focus group provided insight that there is a wide mix of dining establishments and maybe some dining has been driven by the Chanhassen Dinner Theater. In this context, Extension set the non-resident share up to a conservative 27 percent. 38 Local Option Sales Tax Analysis for Chanhassen, MN 23 Repair and Maintenance 4.8 percent of total taxable retail and service sales The 25 businesses in this group restore machinery, equipment, and other products. The group does not include plumbing or electrical repair services but does encompass auto repair, cameras, televisions, computers, copiers, appliances, lawn mowers, specialized equipment, small engines, furniture, shoes, guns, etc. ($Millions) Actual taxable sales $14.31 Potential sales $8.77 = $ variance $5.54 = as % of potential 63.1% Unadjusted Trade Area Analysis Potential sales to residents $8.77 Surplus $5.54 Total $14.31 Non-resident share per group 38.7% Analysis with Adjustments Capture rate of Chanhassen residents 80% Residents' $ share $7.01 Non-residents' $ share $7.30 Total $14.31 Non-resident share per group 51.0% Analysis for Repair and Maintenance At 4.8 percent of total taxable sales, repair and maintenance is stronger in Chanhassen than other Minnesota communities, where oftentimes the repair category accounts for 1-2% of total taxable retail sales. The $14.3 million in taxable sales is 63% greater than expected from potential sales calculations or $5.5 million more than expected. Extension set the non- resident share at 51 percent, which translated in a 80% capture rate of Chanhassen resident spending. Oftentimes repair and maintenance serve a very local customer base. 39 Local Option Sales Tax Analysis for Chanhassen, MN 24 Personal Services/Laundry 1.9 percent of total taxable retail and service sales The 55 businesses in this merchandise group include barber shops and beauty parlors, death care services, laundry and dry-cleaning services, and a wide range of other personal services, such as pet care (except veterinary), photofinishing, temporary parking, and dating services. ($Millions) Actual taxable sales $5.71 Potential Sales $5.33 =$ variance $0.38 = as % of potential 7.1% Unadjusted Trade Area Analysis Potential sales to residents $5.33 Surplus $0.38 Total $5.71 Non-resident share per group 6.7% Analysis with Adjustments Capture rate of Chanhassen residents 82% Residents' $ share $4.40 Non-residents' $ share $1.31 Total $5.71 Non-resident share per group 23.0% Analysis for Personal Services/Laundry This category includes businesses that typically serve a local market, such as barbers, hair salons, and dry-cleaning operations. Not unlike the health and personal store category in Chanhassen, the city is disproportionately strong in this category with 55 businesses and a $0.73 million surplus. Clearly the community has a niche with draws in non-residents. Extension set the non-resident share at 23%, which translates in a 82% capture rate. 40 Local Option Sales Tax Analysis for Chanhassen, MN 25 Retail (Non-Store) and Other Services This section includes taxable sales attributed to North American Industrial Classification System categories 511-813 released by MN Revenue. ($Millions) Actual taxable sales $43.58 % of total taxable retail and service sales In Chanhassen 14.5% Analysis with Adjustments ($Millions) Residents' $ share $20.48 Non-residents' $ share $23.10 Total $43.58 Non-resident share per group 53% Analysis for Retail and Other Services This group includes non-store retailers (such as direct selling operations), healthcare, waste management, rental/lease services, administrative support, and the performing arts. Some of these categories serve primarily a local market, whereas categories like 541 (professional and technical services) often serve a non-local market. This mix of business types is too diverse to run a trade area analysis for, but Extension estimated an aggregate 53 percent of these sales are to non-resident customers. The categories of sales are shown below: Category Taxable Sales % non-local $ non-local 454 RETL -NONSTORE RETAILERS $1,647,585 80% $1,318,068 511 INFO -PUBLISHING INDUSTRY $64,915 50% $32,458 518 INFO -DATA PROCESSING $1,019,099 30% $305,730 524 INSURANCE CARRIERS $1,875 30% $563 531 REAL ESTATE $303,318 30% $90,995 541 PROF,SCIENTIFIC,TECH SERV $6,195,076 50% $3,097,538 561 ADMIN, SUPPORT SERVICES $10,060,966 20% $2,012,193 611 EDUCATIONAL SERVICES $329,509 20% $65,902 621 HEALTH -AMBULATORY CARE $590,572 20% $118,114 624 HEALTH -SOCIAL ASSISTANCE $436 20% $87 711 PERF ART, SPECTATOR SPRTS $20,447,668 70% $14,313,368 Total $43,584,415 53% $23,109,053 41 Local Option Sales Tax Analysis for Chanhassen, MN 26 Construction, Manufacturing, Utilities, Wholesale Operations, Transportation, and Sales Suppressed for Business Confidentiality A diverse mix of businesses fall into these non-retail categories, and a portion of sales are within a suppressed or non-disclosed subcategory. These industries and services generate $119.5 million in taxable sales, or 19.2 percent of total taxable sales in Chanhassen. The transactions that happen within the city would be subject to any new sales taxes, including a local option sales tax. This category includes utilities that primarily serve a local market and are subject to a local option sales tax. The diversity of firm types included in this category makes it difficult to understand the customer mix of these businesses; however, Extension broke out each known subcategory with an assumption of whether customers paying the taxable sales were non- local: Category Taxable Sales % non-local $ non-local CONSTRUCTION $2,687,592 40% $1,075,037 MANUFACTURING $15,478,206 80% $12,382,565 WHOLESALE $32,940,547 40% $13,176,219 UNDESIGNATED/SUPPRESSED $20,276,153 20% $4,055,231 Total $71,382,498 43% $30,689,051 Extension estimated that, overall, 43 percent of sales are to non-residents. This analysis assumes that some subcategories, such as manufacturing sell primarily (80 percent) to non- resident customers, whereas subcategories like construction split sales between resident and non-resident customers. Analysis with Adjustments ($Millions) Residents’ $ share $40.69 Non-residents $ share $30.69 Total $71.38 Non-resident share 43% 42 Local Option Sales Tax Analysis for Chanhassen, MN 27 APPENDIX A: RESEARCH ON THE EFFECTS OF A LOCAL OPTION SALES TAX Policymakers are often concerned that enacting a local sales tax will result in a loss of consumer purchases to neighboring communities that have not adopted the tax. The Minnesota Department of Revenue records the tax collected from a set of Minnesota jurisdictions that have had a local sales or use tax in effect for at least eight years. Most of these cities show continued sales growth. A comparison that includes 11 Minnesota cities adopting a 0.5 percent local option sales tax is offered below (refer to Figures 4, 5, 6, and 7). Policymakers must determine the best allowable method to raise revenue from a variety of options. One option is raising property taxes, which is not directly related to a household’s current income and raises the financial burden of low-income or retired homeowners. Sales taxes raise revenues based on household expenditures, which, in Minnesota, excludes the basic necessities of food and clothing. However, since sales tax raises revenues from non- residents who shop in Chanhassen, resident contributions to tax revenues are significantly lower than a tax generated exclusively by local residents, such as a property tax. Policymakers must carefully consider these and other factors before making a decision about enacting a local sales tax. Figure 4: Taxable retail and service sales by communities that began collecting a local option sales tax from 1999 to 2006 Figure 5: Data table for example communities, taxable retail and service sales (in millions) $0 $100,000,000 $200,000,000 $300,000,000 $400,000,000 $500,000,000 $600,000,000 $700,000,000 $800,000,000 $900,000,000 $1,000,000,000 1990 1995 2000 2003 2004 2005 2006 2007 2008 2009 2010 2015 Albert Lea Baxter Bemidji New Ulm Worthington Town Name 2015 Population Year LOST 90 95 00 03 04 05 06 07 08 09 10 15 Albert Lea 18,356 2006 $264 $344 $397 $407 $521 $502 $551 $555 $588 $519 $541 $696 Baxter 8,065 2006 $432 $473 $556 $605 $650 $630 $612 $676 $900 Bemidji 11,917 2005 $257 $362 $457 $428 $410 $437 $495 $596 $570 $563 $581 $837 New Ulm 13,594 1999 $109 $165 $204 $233 $236 $259 $261 $280 $303 $295 $329 $417 Worthington 11,283 2005 $77 $77 $91 $99 $102 $103 $103 $108 $107 $108 $114 $121 43 Local Option Sales Tax Analysis for Chanhassen, MN 28 Figure 6: Taxable retail and service sales by communities that began collecting a local option sales tax between 2011- 2012 Figure 7: Data table for example communities, taxable retail and service sales (in millions) Town Name 2015 Pop Year LOST 90 95 00 05 09 10 11 12 13 14 15 Brainerd 13,178 2011 $302 $479 $623 $458 $362 $324 $311 $330 $332 $338 $341 Cloquet 11,201 2011 $93 $124 $175 $244 $260 $273 $290 $303 $296 $308 $284 Fergus Falls 13,471 2011 $192 $263 $386 $523 $467 $486 $551 $591 $568 $558 $534 Hermantown 7,448 1996 - increase 2012 $43 $164 $137 $430 $393 $423 $489 $576 $607 $637 $659 Hutchinson 13,080 2011 $122 $191 $269 $471 $609 $374 $425 $409 $389 $415 $424 Marshall 12,735 2011 $176 $283 $343 $398 $371 $380 $440 $447 $457 $463 $428 $0 $100,000,000 $200,000,000 $300,000,000 $400,000,000 $500,000,000 $600,000,000 $700,000,000 1990 1995 2000 2005 2009 2010 2011 2012 2013 2014 2015 Brainerd Cloquet Fergus Falls Hermantown Hutchinson Marshall 44 Local Option Sales Tax Analysis for Chanhassen, MN 29 APPENDIX B: DEFINITIONS OF TERMS Gross sales Gross sales include taxable sales and exempt businesses with sales and use tax permits. This is the most inclusive indicator of business activity for reporting jurisdictions, but it can be misleading when used in comparisons. At times, non-taxable commodity items (e.g., gasoline) can have large price variations, creating huge swings in gross sales. Taxable sales Taxable sales are sales subject to sales tax. Taxable sales exclude exempt items, items sold for resale, items sold for exempt purposes, and items sold to exempt organizations. For the purpose of this study, taxable sales were the focus of the analysis. For more information on what is taxed in Minnesota, see the "Minnesota Sales and Use Tax Instruction Booklet" available at https://www.revenue.state.mn.us/minnesota-tax-handbooks Taxable retail and service sales In this study and other retail trade analyses conducted by University of Minnesota Extension, the term “taxable retail and service sales” refers to the North American Industry Classification System (NAICS) numbers of 441 to 454 (retail) and 511 to 812 (most service industries) released by the Minnesota Department of Revenue for a geographic area. Current and constant dollar sales Current dollar (or “nominal dollar”) sales are those reported by the state. No adjustment has been made for price inflation. In general, this measure of sales is not satisfactory for comparisons over long periods of time since it does not account for changes in population, inflation, or the state's economy. Constant dollar (or “real dollar”) sales reflect changes in price inflation by adjusting current dollar sales according to the Consumer Price Index (CPI). Constant dollar sales indicate the real sales level with respect to a base year. This is a more realistic method of evaluating sales over time than current dollar comparisons, but it still does not take into consideration changes in population or the state’s economy. Number of businesses The number of sales and use tax permit holders who filed one or more tax returns for the year. Index of income This index provides a relative measure of income, calculated by dividing local per capita income by state per capita income. The base is 1.00. For example, a 1.20 index of income indicates that per capita income in the area is 20 percent above the state average. Potential sales Potential sales are an estimate of the amount of money spent on retail goods and services by residents of a county or county. It is the product of county population, state per capita sales, and the index of income (based on the county personal per capita income). Actual sales For this study, the Minnesota Department of Revenue’s 2019 sales data for Chanhassen provides the actual sales numbers used. 45 Local Option Sales Tax Analysis for Chanhassen, MN 30 Variance between actual and potential sales The variance between actual and expected sales is the difference in sales from the “norm” (i.e., the amount above or below the standard established by the expected sales formula). When actual sales exceed expected sales, the county has a “surplus” of retail sales. When actual sales fall short of expected sales, the county has a retail sales “leakage.” Discrepancies between expected and actual sales occur for a variety of reasons. For this study, we use potential sales per merchandise group to create a first-cut estimate of residents’ purchase activities. Cautions Gross sales Gross sales are a comprehensive measure of business activity, but it should be noted the numbers in this report are self-reported. Furthermore, gross sales are not audited by the state of Minnesota. It is believed that gross sales figures are generally reliable, but there is the possibility of distortions, especially in smaller cities where misreporting may have occurred. Misclassification Holders of sales and use tax permits select the North American Industry Classification System (NAICS) category that best fits their business. All sales reported by a business is attributed to that selected NAICS category. Regardless of who makes this classification, errors are occasionally made. Also, sometimes a business will start out as one type but evolve over time to a considerably different type. Misclassifications can distort sales among business categories, especially in smaller cities. For example, a furniture store that is classified as a general merchandise store will underreport sales in the furniture store category and over-report sales in the general merchandise category. Suppressed data The sales data for merchandise categories that have less than four reporting firms are not reported. This is a measure taken by most states to protect the confidentiality of sales tax permit holders. Sales for suppressed retail categories are placed into the miscellaneous retail category (NAICS 999) and included in total sales but not total sales of a typical retail trade analysis. For this report, however, all taxable sales—including NAICS 999—are part of calculating the amount of special taxes collected. Consolidated reporting Vendors with more than one location in Minnesota have the option of filing a separate return for each location or filing one consolidated return for all locations. The consolidated return shows sales made, tax due, and location by county, and county for each business. Data for consolidated filers are combined with data for single-location filers to produce the figures in this report. Occasionally, consolidated reports may not be properly deconstructed, and all sales for a company may be reported for one town or county. Whenever misreporting is discovered, the Minnesota Department of Revenue is contacted to clarify the situation. 46 Daniel G. Larson, Director of State & Local Government Affairs Dan Larson is the Director of State and Local Government Affairs at Lockridge Grindal Nauen. Mr. Larson provides leadership, management, and oversight of the firm’s state government relations team, which is one of the largest and most politically diverse in Minnesota. Mr. Larson has 14 years with the firm and is an expert in strategic advocacy and the legislative process. He brings over 30 years of experience in government, civic participation, and politics. He demonstrates a keen understanding of taxes, public health, technology, economic development, labor, pensions, and issues faced by tribal governments. Prior to joining the firm, Mr. Larson served as a member of the Minnesota Legislature for 10 years. He was first elected in 1998 and served stints in both the Minnesota House and Senate. His tenure in the legislature included leadership roles on the Senate Taxes Committee, Subcommittee on Elections, and the House Transportation Committee. In addition, Mr. Larson served on the Legislative Audit Commission, the Legislative Commission on Pensions and Retirement, and was a member of the Minnesota Amateur Sports Commission. Mr. Larson has close working relationships with members of the legislature, the Governor’s office and administration, as well as city and county officials. Mr. Larson represents two of the largest tribes in the state of Minnesota and has successfully lobbied for tribe-specific initiatives. He also has extensive experience working on behalf of building trades unions. In 2016, Mr. Larson became certified as a White Belt in Legal Lean Sigma and Project Management. He is interested topics like leadership development, process improvement and innovative approaches to project management. Frameworks that integrate unparalleled teamwork and communication in pursuit of developing best practices and increased efficiencies for clients. Additionally, Mr. Larson is a former member of the American Cancer Society Leadership Board for Minnesota. As a cancer survivor, he was the inspiration for the creation of the Anti-Cancer Caucus and laid the foundation for its success. Mr. Larson has also been formally recognized by the public health community for his work on anti-smoking efforts in the state. 47 H. Theodore Grindal, Partner Ted Grindal is the Partner in Charge of Lockridge Grindal Nauen’s (LGN) government relations practice. For over the past 35 years, he has led Minnesota’s largest and premiere government relations team with offices in Minnesota, North Dakota, and Washington, D.C. offering state government relations, federal government relations, local government relations, and communications and grassroots advocacy services to corporations, trade associations, municipalities, and non-profit organizations and associations. Under Mr. Grindal’s leadership, LGN’s seasoned and politically- diverse government relations team has built its reputation for being knowledgeable, trustworthy, and politically savvy. He focuses on strong, long-term personal connections with lawmakers and staff and leverages those for a successful record in helping shape clients’ industry-specific objectives with government relations and public affairs strategies. Mr. Grindal has been recognized as one of Minnesota’s top eight lobbyists by the Minneapolis Star Tribune and also named one of the 10 most influential lobbyists in Minnesota by Minneapolis-based CityPages. In addition, he has been honored by inclusion in The Best Lawyers in America for health care law and has been named a “Super Lawyer” by the Minnesota Law & Politics for government relations for numerous years. He has been named by Minnesota Physician as one of Minnesota’s “100 Most Influential Health Care Leaders” several times. In 2016, he was named by Twin Cities Business Magazine as one of 100 “People to Know” in Minnesota. Currently, Mr. Grindal belongs to the Minnesota Government Relations Council, the American Health Lawyers Association, and the American Society of Medical Association Counsel. He serves on the Board of Directors of ForeUs, formerly The Minnesota Minority Junior Golf Association (MMJGA), since 2020. He also served on the Board of Governors of the Minikahda Club from 2011 to 2014 and 2016 to 2019. Previously, he served on the board of regents for Augsburg College, and chaired that board for two years. In addition, he served on the board of directors of the Evangelical Lutheran Good Samaritan Society and chaired the board for two years. Mr. Grindal has also served on the boards of the Minnesota Private College Council, Minnesota Center for Arts Education, the International Hearing Foundation, Prairie Lutheran Church Council, and the Norwegian American Historical Association. After graduating from the University of Minnesota Law School, Mr. Grindal served in the Minnesota Attorney General’s office as a Special Assistant Attorney General before joining Lockridge Grindal Nauen. He lives in Minneapolis with his wife and has two grown sons. 48 Ann T. Lenczewski, Government Relations, Tax Policy, & Local Government A highly-regarded leader in Minnesota politics for more than twenty years, Ann T. Lenczewski serves Lockridge Grindal Nauen government relations clients on a broad range of issues including tax policy, local government matters, and political strategy. She excels at delivering for clients at the Capitol and meeting clients’ needs. Ms. Lenczewski has earned a reputation as smart, deeply knowledgeable, and effective in her many roles in state and local government. Her unique expertise in tax policy and its interaction across state, county, and municipal governments – together with her unparalleled political savvy – is an asset to Lockridge Grindal Nauen’s government relations clients. Prior to joining the firm, Ms. Lenczewski served in the Minnesota House of Representatives from 1999 to 2015 and chaired the House Tax Committee. Before being elected to the Legislature, she served on the Bloomington City Council. Ms. Lenczewski is a graduate of the College of St. Benedict and completed graduate work at Humphrey Institute of Public Affairs at the University of Minnesota. 49 Angela A. Huss, State Government Relations Angie A. Huss is a part of the firm’s state government relations team and works with clients on local government matters and communications and grassroots advocacy efforts. Prior to joining LGN, Ms. Huss worked in a variety of grassroots and political campaign roles. Most recently, she worked for Congressman Erik Paulsen as the District Outreach Coordinator in his Minnesota office. She was responsible for developing and maintaining relationships between the Paulsen office and community leaders and organizations. Ms. Huss also played key roles in two of Congressman Paulsen’s re-election campaigns – as the Political Director and the Field Office Manager respectively. During the 2014 election cycle, Ms. Huss worked for the Republican Party of Minnesota as their Youth Outreach Coordinator where she engaged thousands of young voters and recruited college students to volunteer in Minnesota House races across the state. Through her political involvement, she has cultivated a strong and diverse network of political and business leaders. Currently, Ms. Huss serves on the Board of Directors of the Women LEAD MN PAC. She is a native of Fairmont, MN and graduated with a Bachelor of Arts in Entrepreneurship from the University of St. Thomas. 50 Jessica E. Lindeen, State Government Relations Jessica E. Lindeen joined the Lockridge Grindal Nauen team in the fall of 2016. Ms. Lindeen focuses on legislative matters at the Capitol relating to health, human services, workforce development, labor, and tribal governments. Her extensive knowledge and experience navigating these complex issue areas makes her an important resource for firm clients. Known as a solutions-oriented thinker, she takes a creative approach toward identifying challenges and opportunities in the legislative process. Her strong communication skills ensure the process is accessible and transparent for firm clients. Ms. Lindeen brings a diverse background of government relations and campaign experiences to the Lockridge Grindal Nauen team. Prior to her work in government relations, she spent multiple election cycles on the campaign trail working on congressional campaigns, as well as state-based issue and constitutional amendment campaigns, where she gained considerable knowledge of Minnesota’s political landscape. She graduated with a Bachelor in Arts in Political Science from the University of Minnesota. As part of her undergraduate work, she studied abroad at Saint Louis University in Madrid, Spain. 51 Kevin J. Matzek, State Government Relations Kevin J. Matzek is a highly-regarded political and policy professional with 21 years of experience in and around state government. As the Chief of Staff for the Senate Republican Caucus for eight years, Mr. Matzek led the execution of the caucus’s legislative agenda, developed policy expertise on a wide variety of issues, and oversaw campaign efforts that resulted in the caucus winning the majority in the 2016 election. Prior to becoming Chief of Staff, Mr. Matzek served as Legislative Director for the Senate Republican Caucus. Previously, he worked for the Minnesota House Republican Caucus for seven years in key positions including as Chief of Staff and as the Committee Administrator for two different committees – the House Ways and Means Committee and the House Public Safety Policy & Finance Committee. Mr. Matzek has also worked as the Director of Government Affairs for Hospitality Minnesota. Currently, Mr. Matzek serves on the board of directors for the Minnesota Government Relations Council (MGRC). The MGRC serves Government Relations Professionals by providing advocacy, professional development, networking, and enhanced working experience inside and outside the Capitol. A graduate of the University of Wisconsin-Madison, he lives in Golden Valley with his wife Julie and three kids. 52 Daniel L. Pollock, State Government Relations Daniel L. Pollock is a highly regarded health and human services policy professional with 15 years of experience in state government, serving in high- ranking positions in both the executive branch and legislative branch. His skills include legislative and communications strategy, Medicaid services, public policy development, and program implementation. Before joining the firm, Pollock served as Assistant Commissioner for Continuing Care for Older Adults at the Minnesota Department of Human Services, overseeing efforts to ensure quality care and services for seniors and other adults who need help living as independently as possible. He played a central role during the state’s COVID-19 response, ensuring emergency staffing and funding for residential facilities with outbreaks, as well as working closely with hospitals and nursing homes during COVID surges. Pollock previously served as Deputy Commissioner at the Minnesota Department of Health, Executive Assistant to the Minnesota House Majority Leader, Policy Advisor to Governor Mark Dayton, Legislative Director for the Minnesota Department of Human Services, and the Committee Administrator for the Minnesota House Health Finance Committee. He earned a J.D. from Georgetown University Law Center and a B.A. from Dartmouth College. 53 Cullen D. Sheehan, State Government Relations Cullen D. Sheehan represents clients before the Minnesota legislature on a variety of commerce, housing, education, and transportation issues. He is widely known in Minnesota and at the State Capitol for his ability to work with diverse coalitions and stakeholders to accomplish clients’ goals. Prior to joining LGN, Mr. Sheehan served in numerous capacities at the highest levels of politics and government. He served as Chief of Staff to the Minnesota Senate Republican Caucus and was instrumental in leading them to their first majority in 38 years. In 2011 Mr. Sheehan received an award as a Leader in Public Policy from Politics In Minnesota/Capitol Report as the Top Legislative Staffer at the Minnesota State Capitol. In addition, he served as a senior advisor to United States Senator Norm Coleman and was Coleman’s campaign manager in one of the most expensive and closest Senate races in Minnesota history. Mr. Sheehan has developed extensive national networks through his work in Republican politics. Notably, he was the Midwest Regional Political Director for the Republican National Committee and served as the Executive Director of the Republican Party of Iowa. Additionally, he has served in senior roles on numerous U.S. senatorial, congressional, and gubernatorial campaigns. A graduate of Saint Mary’s University in Winona, Minnesota, Mr. Sheehan earned a Bachelor of Arts degree in Political Science and minored in Public Administration. He serves on the St. Croix Preparatory Academy Foundation Board. Additionally, he is a council member of AIPAC Minnesota and is a past board member of Spare Key and the Citizens League. When not working he can be found performing as lead singer with his part-time band, “The Most Interesting Band in the World.” 54 Amos A. Briggs, State Government Relations Amos A. Briggs brings more than a decade of experience at the Capitol to effectively advocate for clients on range of issues including commerce and regulatory reforms, bonding initiatives, software and technology matters, and education funding and policy. He applies his advanced knowledge of Minnesota’s political landscape and legislative process, along with his extensive network of personal relationships, to represent nonprofits, businesses, trade associations, labor unions, and tribal governments. Additionally, Mr. Briggs regularly advises organizations pursuing opportunities through the state’s complex public procurement process. Before joining LGN, Mr. Briggs served as the Director of Communications with the Minnesota Senate DFL Caucus where he oversaw caucus media strategy and served as a senior advisor to the Senate Majority Leader. He previously worked at the state legislature as a policy researcher and as committee staff in the areas of state government finance, pensions, and data practices. Mr. Briggs earned a B.A. in political science and anthropology from the University of Wisconsin-Madison. Prior to his career in Minnesota politics, he managed political campaigns in Wisconsin. 55 Peter H. Glessing, Associate / Communications and Grassroots Advocacy Peter H. Glessing is a member of Lockridge Grindal Nauen’s state government relations team and is an associate of the firm. He leads communication and grassroots advocacy efforts for firm clients to raise their profile and legislative agenda with legislators, decision- makers, and media outlets across the state. His communications and grassroots advocacy work involves a variety of issue areas including business regulation, public safety, healthcare, workforce development, transportation, and environmental regulation. Prior to joining the firm, Mr. Glessing served in a variety of key roles at the Minnesota House of Representatives. During his time at the legislature, Mr. Glessing served as Deputy Director of Public Affairs at the Minnesota House Republican Caucus. He oversaw the communication department’s implementation of caucus media strategy on a diverse legislative agenda, served as a communications consultant to over 70 state representatives, and was the communications advisor for the House majority leader. Having worked in and around state government for over 10 years, Mr. Glessing has developed a deep understanding of the state’s political dynamics, the policy issues facing the legislature, and public relations efforts required to succeed in the state’s political environment. His knowledge of the legislative process, key players, and media landscape is a tremendous asset to firm clients. Outside of the firm, Mr. Glessing serves as a member of the Citizens League Board of Directors and has been a member of the Cathedral Choir at the Basilica of St. Mary in Minneapolis. Mr. Glessing graduated with a Bachelors of Arts from The George Washington University in Washington, D.C. and earned his J.D. from the University of St. Thomas School of Law. He and his wife live in Minneapolis. 56 MINNEAPOLIS Suite 2200 100 Washington Ave S. Minneapolis, MN 55401 612.339.6900 November 22, 2022 Laurie Hokkanen, City Manager City of Chanhassen 7700 Market Blvd. Chanhassen, MN 55317 Dear Manager Hokkanen, Thank you for the opportunity to present the following proposal for state government relations services for the City of Chanhassen. We would be honored to work with you and your team. We at Lockridge Grindal Nauen (LGN) have the highest regard for the City of Chanhassen, its City Staff, Mayor and the City Council. We are proud of our track record in assisting local governments and our state lobbying experience and track record are unmatched. It would be a privilege to work in partnership with the City of Chanhassen to achieve your legislative goals. Please do not hesitate to contact me with any further questions. Sincerely, Ann Lenczewski State Government Affairs 57 I. ABOUT LOCKRIDGE GRINDAL NAUEN GOVERNMENT RELATIONS Lockridge Grindal Nauen’s government relations professionals have over three decades of experience representing clients of all types and sizes throughout the Midwest and in Washington, D.C. We are proud to partner with a wide range of local government, non-profit, and business clients to elevate their impact in Minnesota by cultivating broader influence and understanding among public officials and decision-makers. We have a reputation for being knowledgeable, trustworthy, and politically savvy. Through our sizeable team, with broad-based political affiliations, we have developed a vast network of long-term, personal connections with leaders at all levels of government. II. GOALS & SERVICES LGN hopes to earn your support to deliver state lobbying services for a local option sales tax and a capital investment funding request. LGN will provide legislative coverage of House and Senate Committees and report to City Manager Hokkanen. We will track all significant activities in both legislative bodies and the Governor’s office that impact the legislative priorities of the City of Chanhassen. We will take all necessary steps to position the City of Chanhassen for success. Additionally, LGN will work closely with the legislators who represent the City of Chanhassen. At the direction of Manager Hokkanen, LGN will work to advance the City’s tax and capital investment priorities. If requested, we will attend city council meetings and provide the city council with legislative updates. We propose using a team approach to achieve success for the City of Chanhassen. We will work with you to understand which elements of your legislative priorities require short, medium and long-term attention. We work closely with Manager Hokkanen and the staff members she designates. We will call on our entire LGN state team as needed to accomplish your agenda. Our state lobbyists superbly cover all the bases at the Minnesota State Capitol. We excel at understanding the “black box” of the Minnesota Legislature, the Governor’s Office, state agencies and legislative staff. Our deep relationships across the entire political spectrum and our command of legislative strategy and process will advance the legislative priorities of the City of Chanhassen. 58 III. RATE OF COMPENSATION At LGN, we are sensitive to the concerns of local governments and municipal budgets. We have attempted to adjust our fees accordingly. We propose a two-year contract to cover the legislative biennium at a yearly $40,000 fee for the City of Chanhassen to engage LGN for state lobbying services at the Minnesota State Capitol. The contract will be billed on a twenty-four-month basis to the City of Chanhassen beginning December 1, 2022. Our fee schedules are structured to achieve maximum value for clients. LGN strives to develop cost-effective, long-term relationships with satisfied clients. Please do not hesitate to contact us with questions or to discuss our proposed fee. IV. NEXT STEPS Again, thank you for the opportunity to submit a proposal for your consideration. We believe that our plan will help to achieve the goals of the City of Chanhassen. We look forward to hearing from you. We are eager to provide further information or address any questions you may have. 59 By Alexandra Haigler, alexandra.haigler@house.mn Steps for Imposing a General Local Sales Tax August 2022 Minnesota Statutes, section 297A.99, requires a political subdivision seeking to either impose a new general local sales tax, or make changes to an existing general local sales tax, to obtain legislative approval through enactment of a special law. This overview explains the steps the political subdivision must take to acquire legislative approval (steps 1 to 3), as well as steps to take once a special law is enacted (steps 4 to 6).1 Step 1: Pass a resolution The governing body of a political subdivision must pass a resolution proposing the tax including the: proposed rate; detailed description of the projects to be funded (no more than five);2 documentation of the regional significance of each project, including the benefits to nonlocal persons and businesses; amount of revenue to be raised for each project; estimated amount of time to raise the amount needed for each project; and anticipated expiration date for the tax. Step 2: Submit resolution to legislative committees The political subdivision must submit the passed resolution and documentation on regional significance of each project to the chairs and ranking minority members of the House and Senate Tax Committees by January 31 of the year it seeks the special law. Step 3: Obtain legislative approval through an enacted special law The political subdivision must work with a legislator to draft and sponsor a bill authorizing imposition of a new tax or changes to an existing tax. The bill must then be passed by both the House and Senate and signed into law by the governor. Step 4: File local approval with the Secretary of State Once enacted, a special law authorizing a local sales tax is not fully effective until the political subdivision files local approval with the Office of the Secretary of State before the start of the next regular legislative session after the session in which the law is enacted.3 1 Steps 1 to 3 must be taken each year a special law is sought, even if completed in years prior. 2 In 2021, the legislature limited the types of projects that may be funded using a local sales tax to include: a single building or structure, improvements to a single park or recreational area, or a contiguous trail. 3 Minn. Stat. § 645.021. 60 Steps for Imposing a General Local Sales Tax Step 5: Hold a local referendum Before the political subdivision can impose the newly authorized tax, it must receive approval by a majority of voters within its jurisdiction at a general election held within two years of receiving the tax authority from the legislature. The voters must approve the tax and each project authorized by the special law. If a political subdivision is authorized to fund multiple projects with the tax, then each project must be separately stated as a question on the ballot. Only projects that are approved by the voters may be funded by the tax. If a project is not approved, then the length of time the tax is to be imposed is reduced to reflect the amount of time needed to raise the revenue to fund only the approved projects. The political subdivision may not spend money to promote the passage of the tax. It may only spend money to (1) disseminate information from the approved resolution, (2) hold public forums on the issue, (3) provide facts on the proposed projects and the impact of the proposed tax, and (4) conduct the referendum. Step 6: Issue an ordinance The political subdivision must pass an ordinance imposing the tax and notify the Department of Revenue at least 90 days before the first day of the calendar quarter during which the tax is to be imposed. Minnesota House Research Department provides nonpartisan legislative, legal, and information services to the Minnesota House of Representatives. This document can be made available in alternative formats. www.house.mn/hrd | 651-296-6753 | 155 State Office Building | St. Paul, MN 55155 61 City Council Item November 28, 2022 Item Discuss 2023 Legislative Priorities File No.Item No: A.5 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Laurie Hokkanen, City Manager Reviewed By SUGGESTED ACTION Discussion Motion Type Simple Majority Vote of members present Strategic Priority Communications SUMMARY The City Council will discuss 2023 Legislative Priorities to be prepared for adoption on December 12, 2022. The legislative session begins January 3, 2023. BACKGROUND DISCUSSION BUDGET RECOMMENDATION 62 ATTACHMENTS 2022 Adopted Legislative Priorities Carver County Issue #13: Alternate Pathways to Peace Officer Licensure 63 1. Support Suburban Transit Agencies: Chanhassen supports suburban transit agencies, in concurrence with the findings of the 2021 Governor’s Blue Ribbon Committee Report. The creation of these agencies provided residents and businesses with a desired service that met their needs while maintaining financial and management controls. The State should refrain from infringing on the ability of local agencies to provide and control bus services for the benefit of area businesses and residents. Suburban riders are an integral part of the suburban transit system. 2. Building Fees: The city believes strongly that development should pay for development, and costs for those services should not be passed on to existing residents through increased property taxes. The City of Chanhassen supports fees and regulations necessary for new development to pay for itself. The City of Chanhassen disagrees with the recent Housing First (BATC) publications, which state that city building fees cause housing in Chanhassen to not be affordable. Based on city calculations, the fees charged for a new home in Chanhassen, including all development and building fees, are less than 5% of the total cost of the average new home in Chanhassen, but provide return on investment for those homeowners through inspections, infrastructure, and amenities. Local governments must ensure new developments meet established standards for the safety of future residents, and building permits play an essential role in advancing these oversight responsibilities. 3. Unfunded Mandates: Chanhassen opposes current and future statutory changes that create mandated tasks requiring new or added local costs without a corresponding funding mechanism. Without a funding source, Chanhassen is potentially in the position of having to increase property taxes and/or fees. These unfunded mandates add to the responsibilities for cities and the ability to fund traditional service needs. 4. Local Governance & Restriction on Local Government Budgets: The city strongly supports participation in cooperative arrangements but firmly opposes any effort to weaken the ability of local governments to provide the best services and benefits for their communities (levy limits, unfunded mandates, cooperative purchasing, and ability to grant variances). Local budgets are subject to intense public scrutiny. Inflation alone forces cities to spend more money to maintain current service levels. The people who know what is best for this city are the people who live and work here. 5. Environmental: Wetland permitting processes are too time-consuming and slow down development processes. The State should research streamlining one or more of the following processes: Wetland Conservation Act, Clean Water Act requirements, EPA Standards, Regulatory Rules, etc., especially when it comes to Army Corp of Engineers (ACOE) jurisdictional impacts. CITY OF CHANHASSEN2022 Legislative Priorities 64 6.Transportation: a.Regional projects should have regional funding sources: TH 5 Project Improvements (West of TH 41 to Norwood Young America): This joint project with MnDOT, Carver County, and the Cities of Victoria, Waconia, Norwood Young America, and Chanhassen to expand corridor four lanes. The city specifically advocates for the implementation of the Arboretum Area Transportation Plan. Highway 212: Continue development of Highway 212 from County Road 147 on the Chaska/Carver border to Cologne. b.Funding for Metropolitan State Aid should be maintained to ensure local communities can address issues on these high-volume roads. 7.Water Resources Protection Funding: The city supports a program that would provide a stable funding source for water resource protection improvements. The program could be similar to the Municipal State Aid program. 8.Fiscal Disparities: Explore modifications to the fiscal disparities program to reduce the imbalances inherent in the current formula. The fiscal disparities program was created in 1971. Although the metro area’s population has grown by over 1.5 million people since then, the formula for fiscal disparities has remained the same. As the population grows, the need for retail services to support residents grows. Individual cities and their property taxpayers take the lead in developing regional, retail, and service assets that support residents and visitors to the area. In addition to the cost of planning and developing these assets, retail and service industries consume significant city services, particularly in the area of public safety, as well as impose substantial burdens on local roads, bridges, and other transportation infrastructure. A 2012 report commissioned by the Minnesota Legislature demonstrates that the property taxes generated by these retail services do not pay for the additional services they require, an imbalance that is increased by the fiscal disparities program. Local taxpayers in communities that host regional retail assets are forced to subsidize the costs of city and county services. In contrast, taxpayers in communities that use but do not develop these assets have their tax rates lowered. Legislative Priorities for Other Agencies: Metro Cities 2022 Legislative Policies League of MN Cities Legislative Policies Municipal Legislative Commission SouthWest Transit 65 66 67 City Council Item November 28, 2022 Item Discuss City Council Appointment File No.Item No: A.6 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Laurie Hokkanen, City Manager Reviewed By SUGGESTED ACTION Discussion Motion Type N/A Strategic Priority N/A SUMMARY BACKGROUND Congratulations to Councilmember Lucy Rehm, who was elected to the Minnesota House of Representatives and will be sworn in on January 3, 2023. DISCUSSION Assuming Councilmember Rehm resigns January 2, 2023, the City is not required to hold a special election. The City's historical practice has been to solicit applications and appoint a member to serve the remainder of the term. Proposed Timeline: Councilmember Rehm resigns effective January 2, 2023 68 Application notice published in the Villager on December 15, 2022 and on the City’s website Applications due by noon on January 6, 2023 Interviews scheduled for the week of January 16, 2023 Councilmember appointed and sworn in at the January 23rd meeting According to Minnesota Statute 412.02: If the vacancy occurs on or after the first day to file as a candidate for the next regular city election or if less than two years remain in the unexpired term, the city does not need to hold a special election, and the appointed person can serve out the remainder of the unexpired term. In the alternative, if the vacancy occurs before the first day to file as a candidate for the next regular city election and more than two years remain in the unexpired term, the city must hold a special election to fill the council vacancy at or before the next regular city election, and the person elected will serve out the remainder of the unexpired term. BUDGET RECOMMENDATION Discuss process and solidify timeline. ATTACHMENTS Sample Resolution Accepting Councilmember Resignation 69 League of Minnesota Cities Model Resolution:7/5/2022 Accepting Council Member Resignation and Declaring a Vacancy Page 1 Accepting Council Member Resignation and Declaring a Vacancy, LMC Model Resolution RESOLUTION NO. _____ A RESOLUTION ACCEPTING RESIGNATION AND DECLARING A VACANCY. WHEREAS, the __________ City Council has received the written resignation of __________, effective on __________, 20____. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF _____, MINNESOTA AS FOLLOWS: 1. The council accepts __________’s resignation as described above. The council declares that a vacancy exists on council effective on __________, 20____. Passed by the City Council of _______, Minnesota this _____ day of Month, Year. ___________________ Mayor Attested: ____________________ City Clerk 70 City Council Item November 28, 2022 Item Future Work Session Schedule File No.Item No: A.7 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Kim Meuwissen, City Clerk Reviewed By Laurie Hokkanen SUGGESTED ACTION N/A Motion Type N/A Strategic Priority N/A SUMMARY The City Council is tentatively scheduled to hold the following work sessions: December 12, 2022: Work Session canceled January 4, 2023: No items scheduled yet January 24, 2023 1. Civic Campus Discussion BACKGROUND Staff or the City Council may suggest topics for work sessions. Dates are tentative until the meeting agenda is published. Work sessions are typically held at 5:30 pm on the second and fourth Monday of each month in conjunction with the regular City Council meeting, but may be scheduled for other times 71 as needed. DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 72 City Council Item November 28, 2022 Item Approve Economic Development Authority Meeting Minutes dated November 22, 2021 File No.Item No: B.1 Agenda Section 7:00 P.M. - ECONOMIC DEVELOPMENT AUTHORITY MEETING Prepared By Kim Meuwissen, City Clerk Reviewed By SUGGESTED ACTION "The Chanhassen Economic Development Authority approves the meeting minutes dated November 22, 2021." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION 73 ATTACHMENTS Economic Development Authority Minutes dated November 22, 2021 74 CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY REGULAR MEETING MINUTES NOVEMBER 22, 2021 Mayor Ryan called the meeting to order at 7:00 p.m. COUNCIL MEMBERS PRESENT:Mayor Ryan, Councilman Campion, Councilwoman Rehm, Councilwoman Schubert, Councilman McDonald. COUNCIL MEMBERS ABSENT: None. STAFF PRESENT:Laurie Hokkanen, City Manager; Kelly Strey, Finance Director; Don Johnson, Fire Chief; Charlie Howley, Public Works Director/City Engineer; Rick Rice, IT Manager; Jerry Ruegemer, Park & Recreation Director; Bob Generous, Senior Planner; Andrea McDowell Poehler, City Attorney. APPROVAL OF MINUTES: Councilman McDonald moved, Councilwoman Schubert seconded approve the Minutes of the Economic Development Authority dated march 8, 2021. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVE RELEASE OF CONTRACT FOR PRIVATE DEVELOPMENT FOR GATEWAY NORTH TIF DISTRICT 9, GATEWAY DEVELOPMENT, LLC Ms. Hokkanen noted the owner of the property is in the process of refinancing and has requested two items, one from the Economic Development Authority (EDA) and one on the City Council Consent Agenda. She noted the City entered into this contract on April 10, 2006 and the payments for the Tax Increment Financing (TIF) concluded in 2016, but the affordability restrictions remain in place until 2036. Staff and the City Attorney have reviewed this release and feel comfortable that all protections the City needs to maintain are still maintained after this release. Councilman McDonald moved, Councilman Campion seconded that the Economic Development Authority approves the release of contract for private redevelopment agreement. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Campion moved, Councilman McDonald seconded to adjourn the Economic Development Authority meeting at 7:03 p.m. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen City Clerk 75 City Council Item November 28, 2022 Item Resolution 2022-XX: Approve Transfer of Real Property from the Chanhassen Economic Development Authority to the City of Chanhassen File No.Item No: B.2 Agenda Section 7:00 P.M. - ECONOMIC DEVELOPMENT AUTHORITY MEETING Prepared By Jill Sinclair, Environmental Resource Specialist Reviewed By SUGGESTED ACTION "The Chanhassen Economic Development Authority adopts a resolution approving the transfer of real property from the Chanhassen Economic Development Authority to the City of Chanhassen." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY Five properties comprising the parking lots of the Medical Arts and Colonial Square buildings shown in Attachment A, are under the owner’s name of “Chanhassen HRA.” The Chanhassen Housing and Redevelopment Authority (HRA) no longer exists under that name and transferred its duties to the Economic Development Authority, or EDA. This resolution approves the acquisition of the properties by the City of Chanhassen from the EDA. BACKGROUND In 1989, the Chanhassen HRA entered into an easement agreement for the development of the Medical Arts buildings. In the agreement, the Chanhassen HRA was the fee owner of the properties that were used to construct the parking lots for the Medical Arts and, earlier, the Colonial Square retail development. The agreements allowed tenants and visitors to use the parking lots for the adjacent businesses. In the 1990s, the duties and obligations of the Chanhassen HRA were transferred to the 76 Chanhassen Economic Development Authority (EDA) and the members of the EDA were established as the City Council. Since the Chanhassen HRA no longer exists, the properties under the ownership name of ‘Chanhassen HRA’ should be transferred to the City of Chanhassen. DISCUSSION In 2021, the City received a Minnesota Department of Natural Resources (MNDNR) Shade Tree Bonding Grant to fund the removal and replacement of 50 ash trees. As a part of this project, ash trees located in the landscape islands within the Medical Arts and Colonial Square parking lots were removed and replaced this year. As a condition of the grant, the trees are required to be planted on properties where the City is the fee owner. Currently, these five properties show the Owner’s Name as ‘Chanhassen HRA.’ Transferring the properties from the Chanhassen HRA to the City of Chanhassen will update the ownership and establish the City of Chanhassen as the fee owner of the property which will then allow the City to complete its requirements for the state grant funding. BUDGET This item has no budget impact. RECOMMENDATION Staff recommends that the Chanhassen Economic Development Authority adopt Resolution 2022-XX Approving the Transfer of Real Property from the Chanhassen Economic Development Authority to the City of Chanhassen. ATTACHMENTS Resolution Parcels Location Map 77 224067v1 1 CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES STATE OF MINNESOTA RESOLUTION NO. 2022-01 RESOLUTION APPROVING CONVEYANCE OF PROPERTY WHEREAS, by Resolution 97-29, adopted April 28, 1997, the City created the Chanhassen Economic Development Authority (“EDA”) and transferred to the EDA all activities, programs, operations and authority of the Chanhassen Housing and Redevelopment Authority (“HRA”); and WHEREAS, the Chanhassen Economic Development Authority is now the fee owner of property legally described in the attached Exhibit “A” (the “Property”), previously owned by the Chanhassen Housing and Redevelopment Authority; and WHEREAS,the City of Chanhassen (“City”) is in the process of removing and replacing shade trees on the Property (“Work”) through a grant from the Minnesota Department of Natural Resources, Forestry Division (“Grant”); and WHEREAS, to accept the Grant, the City must be the fee owner of the Property subject to the Grant; and WHEREAS, to facilitate the Work with the use of the funds from the Grant, the EDA proposes to convey the Property to the City. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen Economic Development Authority hereby conveys the Property to the City. BE IT FURTHER RESOLVED, that the Chanhassen Economic Development Authority hereby authorizes its Chairperson and Executive Director to execute all documents necessary in the opinion of legal counsel to quit claim the Property to the City. PASSED AND DULY ADOPTED by the Chanhassen Economic Development Authority, this 28th day of November, 2022. Elise Ryan, Chair ATTEST: Laurie Hokkanen, Executive Director 78 224067v1 2 EXHIBIT “A” Legal Description of Subject Property: Outlot B, Medical Arts Addition Outlot C, Medical Arts Addition Outlot D, Medical Arts Addition Lot 2, Block 1, CHADDA 2nd Addition Outlot A, CHADDA 2nd Addition 79 Attachment A- Chanhassen HRA properties highlighted in yellow 80 City Council Item November 28, 2022 Item Invitation to Tree Lighting Ceremony on December 3 File No.Item No: D.1 Agenda Section PUBLIC ANNOUNCEMENTS Prepared By Priya Tandon, Recreation Coordinator Reviewed By SUGGESTED ACTION N/A Motion Type N/A Strategic Priority N/A SUMMARY We are excited to invite all Chanhassen area residents, their families, and friends to join the community on Saturday, December 3rd for the annual Tree Lighting Ceremony at City Center Park Plaza. The official lighting of City Center Park will take place at 5:00 pm, and there will be bonfires, refreshments, caroling, live reindeer, a Toys for Tots donation station, and a special visit from Santa Claus. We hope to see you there! Special thanks goes out to BuyChanhassen, SouthWest Metro Chamber of Commerce, The Mustard Seed Landscaping & Garden Center, and SouthWest Transit for making this annual celebration possible. BACKGROUND DISCUSSION 81 BUDGET RECOMMENDATION ATTACHMENTS 82 City Council Item November 28, 2022 Item Approve City Council Minutes dated November 14, 2022 File No.Item No: E.1 Agenda Section CONSENT AGENDA Prepared By Kim Meuwissen, City Clerk Reviewed By SUGGESTED ACTION "The Chanhassen City Council approves the City Council minutes dated November 14, 2022." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS City Council Work Session Minutes dated November 14, 2022 83 City Council Regular Meeting Minutes dated November 14, 2022 84 CHANHASSEN CITY COUNCIL WORK SESSION MINUTES NOVEMBER 14, 2022 COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilman McDonald, Councilwoman Rehm, Councilwoman Schubert, and Councilman Campion. COUNCIL MEMBERS ABSENT: None. STAFF PRESENT: Laurie Hokkanen, City Manager; Matt Unmacht, Assistant City Manager; Charlie Howley, City Engineer/Public Works Director; Kelly Grinnell, Finance Director; Don Johnson, Fire Chief; Jerry Ruegemer, Park & Recreation Director; Rick Rice, IT Manager; and Kim Meuwissen, City Clerk. PUBLIC PRESENT: None. Mayor Ryan called the Work Session to order at 5:30 p.m. 2023 PRELIMINARY BUDGETS, LEVY AND CIP Finance Director Kelly Grinnell reviewed in detail the following topics with the City Council: 2023 Governmental Funds Budgets Preliminary 2023-2027 CIP Property Tax Levy Options Enterprise Fund Budgets and CIP Next Steps/Council Questions 2023 Governmental Funds Budgets Ms. Grinnell defined the General Fund as the primary operating fund for the City, the four Special Revenue Funds which have dedicated funding sources (Charitable Gambling, Cemetery, Cable Franchise, and ARPA), the eight Capital Funds used to account for purchase/replacement of equipment, vehicles, buildings, streets, and other improvements (Vehicle & Equipment Replacement, Facilities, Park Renovation, Park Development, Transportation Infrastructure Management, TIF 11, TIF 12, and Pavement Management), and the Debt Service Fund which is used to account for the repayment of bonds issued to construct the Public Works Facility. Slides were presented showing General Fund revenue and expenditure comparisons from the 2022 budget to the 2023 preliminary budget. Key changes were reviewed within the Public Safety, Public Works, Community Development, and Parks & Recreation Departments. Ms. Grinnell provided 2023 revenue and expenditure highlights and projected ending fund balances for the Special Revenue Funds, Capital Funds, and the Debt Service Fund. 85 City Council Work Session Minutes – November 14, 2022 2 Preliminary 2023-2027 CIP Ms. Grinnell linked the City’s strategic priorities of Financial Sustainability and Asset Management to Capital Funds and provided a detailed review of each of these funds. Park and Recreation Director Jerry Ruegemer and Park Superintendent Adam Beers presented details of the 2023 Playground Replacement CIP, identifying priorities and replacement cost estimates for Sugarbush, Carver Beach, and South Lotus Lake Parks totaling $250,000. These parks are a top priority because they are not in compliance with major entrapment points, not in ADA compliance with base material, replacement parts do not fit with current design requiring staff to modify non-compliant components, and rubber coating on deck corners and surfaces are temporarily fixed with “spray can rubber coating.” City Council asked questions and discussed funding options for these improvements. Regarding the Transportation Infrastructure Management (TIM) Fund, Mayor Ryan asked Public Works Director/City Engineer Charlie Howley to provide detail on the need for trail improvements, and the pavement Overall Condition Index (OCI). Mr. Howley reviewed the proposed trail/parking lot repairs/rehabilitation CIP and the need for additional levy funds to allow for more trail maintenance and to raise the OCI of trails. Ms. Grinnell presented a graph of the 2023-2027 TIM Fund showing the decrease in fund balance and increase in expenditures if current funding is maintained. An additional levy of $195,000 for trail rehabilitation is needed to balance this fund. Pavement Management Fund projects planned for 2023-2027 were reviewed and a bar chart was presented showing a discrepancy between expenditures and the fund balance. Property Tax Levy Options Ms. Grinnell reminded the Council that a preliminary levy of 7.2% was adopted in September. Four different 2023 levy scenarios were presented at 5.2%, 5.9%, 6.2% and 7.2%. Each of these scenarios were applied to various home values as well as businesses to show the specific annual and monthly tax impacts for each. Levy projections with a 7.2% increase (with smoothing) were shown through 2027. Enterprise Fund Budgets and CIP Ms. Grinnell reviewed the preliminary 2023 Enterprise Fund budgets. Highlights include capital expenses associated with street reconstruction and improvements projects and debt service principal, Ehlers is currently working on a rate study with results available in December, and there is no levy for these funds as revenues come from utility bills and connection fees. The preliminary 2023-2027 CIP budget includes water fund projects of a new well, water tower, and lower Bluff Creek trunk utility improvements. It was noted that utility improvements associated with street reconstruction make up a significant portion of the CIP. 86 City Council Work Session Minutes – November 14, 2022 3 Questions/Next Steps Ms. Grinnell presented the following questions for Council discussion: Should the levy for the TIM fund increase to cover trail rehabilitation? If there is no levy for the Park Renovation Fund, should General Fund reserves be used for projects? What are Council thoughts on the preliminary CIP presented? What should the final levy amount be? The Council discussed the various levy options and scenarios and their level of support for each. Mayor Ryan asked to review this item again at the November 28, 2022 City Council Work Session. The Truth-in-Taxation public meeting and levy/budget adoption is scheduled for December 12, 2022 at 7:00 p.m. FINANCIAL POLICIES UPDATE This item was not presented due to time constraints. FUTURE WORK SESSION SCHEDULE Date Item November 28 2023 Levy Discussion Emerald Ash Borer Update Tree Policy Discussion Discuss Local Option Sales Tax Discuss 2023 Legislative Priorities Discuss City Council Appointment December 12 Work Session Cancelled January 9  January 24 Civic Campus Update The work session adjourned at 6:58 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen City Clerk 87 CHANHASSEN CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 14, 2022 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge of Allegiance. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Rehm, Councilman McDonald, Councilman Campion, and Councilwoman Schubert. COUNCIL MEMBERS ABSENT:None. STAFF PRESENT: Laurie Hokkanen, City Manager; Matt Unmacht, Assistant City Manager; Charlie Howley, City Engineer/Public Works Director; Jerry Ruegemer, Park & Recreation Director; Ari Lyksett, Communications Manager; Don Johnson, Fire Chief; Sharmeen Al-Jaff, Senior Planner; Jill Sinclair, Environmental Resource Specialist; Andrea McDowell Poehler, City Attorney; and Kim Meuwissen, City Clerk. PUBLIC PRESENT: Maria and Andy Awes 581 Fox Hill Drive David Bieker Denali Custom Homes Seth Loken Alliant Engineering CONSENT AGENDA: Mayor Ryan asked to move Item D7 from the Consent Agenda to Item G2 under General Business. Councilman McDonald moved, Councilwoman Rehm seconded that the City Council approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated October 24, 2022 2. Receive Planning Commission Minutes dated October 18, 2022 3. Receive Park & Recreation Commission Minutes dated September 27, 2022 4. Approve Claims Paid dated November 14, 2022 5. Approve Temporary On-Sale Liquor License to Rotary Club of Chanhassen for February Festival on February 4, 2023 at Lake Ann Park 6. Approve First Amendment to Development Contract - Avienda Townhomes 88 City Council Minutes – November 14, 2022 2 7.Resolution 2022-XX:Approve Lease with Ridgeview Ambulance to Transition Fire Station 2 to an Ambulance Base -This item was moved to Item G2 under General Business. 8.Resolution 2022-81:Approve 2023 Service Agreement for Joint Assessment with Carver County Assessor 9.Resolution 2022-82:Approve Settlement Agreement for Parcel 19 as part of the CSAH 101 Improvement Project 10.Resolution 2022-83:Supporting the Highway 5 Arboretum Area Project 2022 Minnesota Corridors of Commerce Request 11.Resolution 2022-84: Approve updated Limited Use Permits entered into with the State of Minnesota, Department of Transportation 12.Resolution 2022-85:Certifying Results of General Election held on November 8, 2022 13.Ordinance XXX:Amendment to Chapter 20, Zoning, Concerning Variance Extensions 14. Approve an Encroachment Agreement between the City of Chanhassen and Donald P. Beadles and Andrea P. Beadles All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS PUBLIC HEARINGS:None. GENERAL BUSINESS 1. 581 Fox Hill Drive: Request for Approval of Preliminary Plat Senior Planner Al-Jaff gave a presentation on the item, noting this subdivision is 2.7 acres into three lots and one outlot, zoned single-family residential with sewer and water available to the site. The item appeared before the Planning Commission on July 19, 2022; the proposal at that time consisted of four lots and one outlot, with a connecting street and a variance for the width of the street. The Planning Commission’s main concern was the amount of tree removal. They tabled action and advised the Applicant to reduce tree removal. On September 20, the Applicant appeared before the Planning Commission with reduced tree removal. After approval, the Planning Commission wanted to leave it up to the City Council regarding the street and paving. The current revised proposal maintains 55% tree canopy coverage and protects the wetland with a conservation easement. City Engineer/Public Works Director Howley spoke about the dedication of 10 feet of additional right-of-way for Fox Hill Drive and 30 feet for Carver Beach Road for a neighborhood consistency of 50 feet. He shared about grading and drainage, Best Management Practices 89 City Council Minutes – November 14, 2022 3 (BMPs), surface water treatment, and a “ghost plat” to show what adjacent developments and connections could look like in the future. Ms. Al-Jaff noted the subdivision meets all Ordinance requirements and Staff recommends approval with conditions outlined in the Staff report. Councilwoman Rehm asked about the conservation easement and who would be responsible for maintaining that. Environmental Resource Specialist Sinclair replied it would depend on who owns the outlot and whether it belongs to the City or stays with the Applicant. The conservation easement would always run with the property and could not be taken away or changed. The City works with the developer to come up with the restrictions that guide the easement. Mayor Ryan stated the City received many emails from residents and clarified the City Council receives all minutes from the Commissions and receives forwarded emails. They are familiar with the concerns of this project. Regarding the neighbors to the south and the ghost plat, Mayor Ryan reiterated that the ghost plat is not legally binding, it is merely to show an alternative access point. She asked Mr. Howley to speak more about drainage and grading on the site. Mr. Howley explained the patterns of drainage, BMPs, catch basins, water quality, and volume control. He noted the current design is being looked at by the Water Resources Department and the Watershed District. He stated they will be able to meet the rules and regulations of both organizations regarding stormwater management. Mayor Ryan asked to clarify that from a legal perspective regarding trees, the City cannot deny the application because they wish more trees were being preserved. City Attorney McDowell Poehler replied in the affirmative, noting if the plat meets all the City Ordinance requirements, they do not really have leeway to deny. Maria and Andy Awes, Applicants, thanked everyone for their work getting to this point. David Bieker, Denali Custom Homes, noted because of the time they took to address people’s concerns, everyone is getting a little bit of what they want here. He noted it took some time to get here but they appreciate the process. They have tried to be good stewards of the land. He shared the owners of the properties have intentions to put more trees on the property other than the one required tree. Councilman McDonald moved, Councilman Campion seconded that the City Council approves the Preliminary Plat to subdivide 2.47 acres into three lots and one outlot as shown in plans dated October 27, 2022 subject to the conditions of approval and adopts the Finding of Fact. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 90 City Council Minutes – November 14, 2022 4 2. Resolution 2022-80: Approve Lease with Ridgeview Ambulance to Transition Fire Station 2 to an Ambulance Base City Manager Hokkanen stated through the facility study it was identified that Station #2 had become operationally ineffective. One suggestion was to transition it to a new use or divest the City of the facility. As the City is moving to add three full-time fire captains, they will soon have 24/7 response and permanent staffing from Station #1 which allows the City to get an engine out the door in two minutes. Before the Council tonight is a ten-year lease with Ridgeview Ambulance to utilize the expanded space. The City will not be receiving any lease revenue but will realize a savings of about $16,000 per year. Councilwoman Schubert moved, Councilman McDonald seconded that the City Council approving the lease with Ridgeview Ambulance for use of Fire Station #2. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS Mayor Ryan congratulated Councilman McDonald on his reelection and congratulated Councilwoman Rehm on her election to the Minnesota House of Representatives. ADMINISTRATIVE PRESENTATIONS Ms. Hokkanen shared that BuyChanhassen and the Southwest Chamber of Commerce are teaming up for a Holiday Luncheon on December 14, 2022. CORRESPONDENCE DISCUSSION. 1. 2022 Building Permit Activity. 2. 2022 Housing Policy and Production Survey Report. Councilwoman Schubert moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 7:52 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen City Clerk 91 City Council Item November 28, 2022 Item Receive Park & Recreation Commission Minutes dated October 25, 2022 File No.Item No: E.2 Agenda Section CONSENT AGENDA Prepared By Amy Weidman, Admin Support Specialist Reviewed By SUGGESTED ACTION "The Chanhassen City Council Receives the Park & Recreation Commission Minutes dated October 25, 2022." Motion Type Simple Majority Vote of members present Strategic Priority Operational Excellence SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 92 Park and Recreation Commission Minutes dated October 25, 2022 93 CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING MINUTES OCTOBER 25, 2022 Chairman Tsuchiya called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Karl Tsuchiya, Don Vasatka, Scott Fischer, Dan Eidsmo, Matt Kutz, Heather Markert, Youth Commissioner Alex Jerdee. MEMBERS ABSENT: Jim Peck. STAFF PRESENT: Jerry Ruegemer, Park and Recreation Director; Priya Tandon, Recreation Coordinator; Mitchell Czech, Recreation Supervisor. PUBLIC PRESENT: None. APPROVAL OF AGENDA: Commissioner Markert moved, Commissioner Eidsmo seconded to approve the agenda as presented. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC ANNOUNCEMENTS: None. VISITOR PRESENTATIONS: None. APPROVAL OF MINUTES: APPROVE PARK & RECREATION MINUTES DATED SEPTEMBER 27, 2022 Commissioner Kutz moved, Commissioner Fischer seconded to approve the Minutes of the Park and Recreation Commission Meeting dated September 27, 2022 as presented. All voted in favor and the motion carried unanimously with a vote of 7 to 0. GENERAL BUSINESS: 1. 2022 Lake Ann Park Preserve Update Park and Recreation Director Jerry Ruegemer gave an update and shared the results of the recent open house with the Commission. Prior to the open house, the City sent 230 postcards to the neighborhoods abutting the preserve. The City Facebook page did eight posts, reached over 3,100 people, and had 50 likes, comments, or shares. There was a link to the Parks project page 94 Park and Recreation Commission Minutes – October 25, 2022 2 on the website with the information regarding the feasibility study and design. He shared about Instagram and Twitter posts, Chan-Happenings, and analytics regarding the number of people reached on those platforms. Mr. Ruegemer noted 50% of the people that received information opened the email or looked at the information which is far above the U.S. average of 10-19% open rate. This tells the City that their community is very engaged, and in-all on social media the City reached over 6,000 people. Mr. Ruegemer noted they are looking to give people the information and allow them to have a voice; 35 people attended the open house including Task Force and Park and Rec Commissioners, as well as neighborhood representatives. The online survey stayed open for one week after the open house to solicit more input. The key takeaway from the open house is to keep that area the way it is; people like the natural feel, enjoy unplugging, and being in a nature setting. Another takeaway is the desire for the trail to go all the way around Lake Ann which shares the City’s vision for future development of the trail. Mr. Ruegemer shared about the wetland delineation noting the report should be done in the next couple weeks. Design work has been in process and they are looking at trail alignment; he clarified 60% of that design work needs to be done before the City starts applying for permits, which should happen in November. They would like to have a pre-agency meeting with the Riley Purgatory Watershed District, the DNR, Army Corps of Engineers, and Met Council to demonstrate what the City is thinking, then those agencies can review the project for compliance. Once permits are in-hand they are valid for three years, and the City can apply for a one year extension if needed. Staff and consultants talked about priorities with the goal of better connection, a phased approach utilizing $1,300,000 of ARPA funding allocated from the City Council, and the main focus will be the access point. Other improvements include rebuilding the main trail from Lake Ann Park to Greenwood Shores, reconstructing the trail on the north side, habitat enhancements, and interpretation signage which will be part of a future phase. Next steps are the bituminous trails, boardwalks, and a bridge with paving done in 2023-2024. Chair Tsuchiya noted many of the feedback concerns regarded safety. He asked if Mr. Ruegemer can confirm the claims of “illicit activity” in the area. Mr. Ruegemer noted they are probably thinking about the Greenwood Shores area and during Covid there were some high school kids back there partying. In looking at comments, a lot of it had to do with speed within the neighborhood and narrow streets, which does not have anything to do with the Lake Ann project. Commissioner Fischer asked about the farmland and whether there is a reason for the increased No Trespassing signage. Mr. Ruegemer does not know that it has been increased and acknowledged the property owners have had those signs up for years. He noted the boundary is very well-defined in that area and it may be a bit proactive on the owners’ part to establish that line. 95 Park and Recreation Commission Minutes – October 25, 2022 3 Commissioner Kutz spoke about the southwest boardwalk area and asked why they would want to cut through the marsh area instead of going around. Mr. Ruegemer showed a map on screen and noted that area is not the City’s property. Commissioner Kutz thinks they may want to plan for that in the future if it does ever become the City’s property. He feels it is a pretty big expense to go across the marsh. Commissioner Markert asked about signage. Mr. Ruegemer noted there are grants available for signage and they are currently looking for partners to share expenses. REPORTS: 1. Halloween Party Preview Recreation Coordinator Tandon shared that the 38th Annual Halloween Party will be held Saturday, October 29th at the Chanhassen Recreation Center from 5:30-7:30pm. This is the final of four community events held throughout the year and is open to kids ages 12 and under, plus their families. Typically around 350-400 kids attend the Halloween party, with 800 total including family members. Events include trick-or-treating, carnival games, face painting, hayrides, refreshments, a spooky room, and a magic show. There are eight local businesses participating in the Halloween Party this year. Ms. Tandon shared the City will be utilizing the Square processing system for payment, as well as cash/check. Many volunteers are helping with this event, and although they have 40-50 volunteers, more are needed for the event. 2. 2022 Picnic Season Evaluation Recreation Supervisor Czech noted they had a successful picnic season with 138 reservations in total. The most popular site this season was the Klingelhutz Pavilion at Lake Ann, (50 reservations) followed by the Lakeside Pavilion at Lake Ann, (49) and the Picnic Shelter at Lake Susan (39). The reservations generated $19,456.25 in revenue. These paid reservations resulted in the city hosting over 10,704 picnickers. Mr. Czech stated this year they utilized an online reservation system with approximately 98 reservations submitted online. At the conclusion of a picnic the City sends out a survey for feedback on the process, and the majority of guests had a positive experience. Survey results are attached and roughly 29% of people completed the feedback with common critiques being full garbage/recycling cans, difficult online reservation system, and inadequate signage. 96 Park and Recreation Commission Minutes – October 25, 2022 4 3. Establish 2023 Picnic Reservation Fees Recreation Supervisor Czech stated that the Park and Recreation Commission reviews many aspects of group picnic reservations, such as: total revenue, reservation categories, customer types, and other related items on an annual basis. A large-group fee for groups of 100 or more was implemented in years past to cover the additional expense related to these groups. The large- group fee has not been met with opposition and should continue. Reservation fee comparisons with local agencies showed that the City of Chanhassen's fees are comparable, and a majority of feedback found that customers believe the fees are reasonable. The City of Chanhassen's picnic reservation fees were last increased in 2020, and staff recommends not increasing the group picnic reservation fees for 2023. Commissioner Vasatka noted they saw $19,000 in revenue the previous year and asked about the added expense for the maintenance portion. Mr. Ruegemer replied it is roughly $2,300-$3,000. Commissioner Vasatka asked if the extra money goes into the Parks Budget or general City funds. Mr. Ruegemer replied general City funds. Commissioner Kutz moved, Commissioner Eidsmo seconded that the Park and Recreation Commission recommends the City Council to approve the 2023 picnic reservation fees for group picnics. All voted in favor and the motion carried unanimously with a vote of 7 to 0. COMMISSION MEMBER COMMITTEE REPORTS: Commissioner Vasatka asked how much buckthorn was taken out during the removal day. Mr. Ruegemer replied there was a lot of buckthorn removed and the people who were there expressed interest in multiple events. He noted they chipped the buckthorn and hauled it away. Mr. Ruegemer also shared that a contract for the walls at the Rec Center was approved at a City Council meeting. Commissioner Vasatka asked if the company can use the existing tracks for the walls. Mr. Ruegemer replied in the affirmative. COMMISSION MEMBER PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: None. 97 Park and Recreation Commission Minutes – October 25, 2022 5 ADJOURNMENT: Commissioner Kutz moved, Commissioner Eidsmo seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 7 to 0. The Park and Recreation Commission meeting was adjourned at 8:14 p.m. Submitted by Jerry Ruegemer Park and Recreation Director Prepared by Amy Weidman Administrative Support Specialist 98 City Council Item November 28, 2022 Item Receive Environmental Commission Minutes dated October 12, 2022 File No.Item No: E.3 Agenda Section CONSENT AGENDA Prepared By Jenny Potter, Sr. Admin Support Specialist Reviewed By SUGGESTED ACTION "The Chanhassen City Council receives the Environmental Commission Minutes dated October 12, 2022." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 99 Environmental Commission Minutes dated October 12, 2022 100 1 Chanhassen Environmental Commission (EC) Chanhassen City Hall, Fountain Conference Room 6:00 pm October 12, 2022 Members Present: Kristin Fulkerson, Leslie Elhadi, Scot Lacek, Julia Adams, Markus Fischer, and Scott Grefe Members Absent: Greg Hawks, Kaisa Buckholz Staff Present: Jill Sinclair, Environmental Resources Specialist ; Jamie Marsh, GreenCorps member Visitors: none Minutes: September minutes were approved. Introduction of GreenCorps member: Jamie introduced herself and shared a bit about her background. She was a GreenCorps member with Carver County last year and worked on recycling and composting issues. This year with the City of Chanhassen she will be assisting with forestry and stormwater projects. The commission asked about the GreenCorps program and welcomed her to the city. Fall Education Event: The commission did a review of the Trivia Night event. Kristin said the owner’s family stopped by the brewery during the event and loved seeing the crowd. The owner said he would be open to hosting another event in the winter, probably in Jan., Feb., or March. The commission all agreed that Dave Ryan did a fantastic job as emcee and really helped relax and entertain people. Scott said he surveyed teams after the event and many of them asked for another event. Everyone said they had a good time. Julia reported that her family really enjoyed the event. Response to the social media event post was positive. The commission agreed that the event exceeded expectations. Things to work on for the next event include better organization in announcing and presenting the winners (need to write out winners clearly starting with 3rd place, have winning groups pick up their prizes and get picture before next group is announced) and having the list of sources and references handy in case an answer is challenged. Fall Buckthorn Removal Event: The event took place on Saturday, Oct 8 and the volunteer turnout was great, 50 people or more. It was a chilly morning but volunteer s warmed up quickly once everyone got to work. The group cleared out a lot of buckthorn. The cut plants were hauled out into the open park area and the Park Dept. chipped the brush on Monday. They filled a dump truck and a half. Jill said there were a lot of comments from people that they had a good time and wondered if another event had been planned. 101 2 Holiday Recycling Article: Leslie wrote the article last year, but it was never published. The commission decided that it should be updated and used t his year. Jill will send the article to Leslie for review. Environmental Academy discussion: Jill contacted the city of Plymouth and asked about their program. This is the second year that they’ve offered the Academy. In 2021, 38 residents signed up; in 2022, 22 residents signed up. The Academy offered 4 courses over 4 months. The 2022 topics include Water Sourcing and Water Plant Tour, Property Maintenance Practices, Water Resources, and Waste and Recycling. Ideas for course topics if the commission chooses to host one include Water Treatment tour, SMSC compost facility tour, Carver County En vironmental Center tour, and landscaping for pollinator habitat. It would help with the commission’s goal of public education and outreach. The commission is interested in pursuing the idea and will discuss it more at the November meeting. Commission Updates: Scott said the Park Task Force heard that the Parks Dept. is moving ahead on a plan development for the Lake Ann Park Preserve. City Updates:  Avienda Townhomes going for final plat  Trees need to be watered into the fall. The County is classified in Extreme Drought and it’s really hard on trees. General Discussion: None Meeting adjourned at 7:25p Minutes prepared by Jill Sinclair 102 City Council Item November 28, 2022 Item Receive Commission on Aging Minutes dated September 16, 2022 File No.Item No: E.4 Agenda Section CONSENT AGENDA Prepared By Jenny Potter, Sr. Admin Support Specialist Reviewed By SUGGESTED ACTION "The Chanhassen City Council receives the Commission on Aging Minutes dated September 16, 2022." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 103 Commission on Aging Minutes dated September 16, 2022 104 1 CHANHASSEN SENIOR COMMISSION MINUTES September 16, 2022 MEMBERS PRESENT: Jerry Cerchia, Linda Haight, Jim Camarata, Kara Cassidy, Bhakti Modi. MEMBERS ABSENT: Susan Kibler, Ruth Lunde. STAFF PRESENT: Sharmeen Al-Jaff, Mary Blazanin. GUESTS PRESENT: Dawn Plumer, Linnéa Fonnest. APPROVAL OF AGENDA: Commissioner Haight moved to approve the Agenda. Commissioner Cassidy seconded the motion. All voted in favor and the motion carried. SENIOR COMMISSION MINUTES DATED JUNE 17, 2022: Commissioner Cassidy moved to approve the minutes. Commissioner Haight seconded the motion. All voted in favor and the motion carried. COMMUNITIES OF BELONGING – PATRICK STIEG, PUBLIC HEALTH SPECIALIST • Communities are not about the individual. They are a collection of individuals who together create what makes each community unique. The stronger and more unified that collection of individuals is, the stronger the community will be. • Communities of Belonging is based on that concept—that a community should be a place where people are truly connected and know each other, care about each other, and take care of each other – even if everyone does not agree on very many issues. The result of that interaction is a stronger and better community that benefits everyone living in it. • A Community of Belonging welcomes all people, at all times – no matter their age, gender, faith traditions, income, race, ethnicity, language, occupation, sexual orientation, political ideology, physical ability, or anything else that makes them the unique individual that they are. • All people seek a sense of belonging and the resulting sense of security and safety. Whether someone is a senior who often experiences social isolation, or someone who lives with physical or emotional challenges, or a newly arrived immigrant family, it is in the interest of fellow residents to ensure that everyone in a community has fair opportunities to live and work, and to feel that they belong. • Creating a sense of belong in a community benefits everyone through stronger social and emotional ties and a feeling of wellbeing by living in that community. Those ties, in turn, make communities safer, economically stronger, more resilient, more able to tackle future challenges and more unified around doing whatever it takes to benefit the overall community. • Conversely, a lack of that sense of belonging results in residents not readily willing to spend their time and effort strengthening a community’s economy, its safety, or addressing its challenges. 105 Chanhassen Senior Commission Minutes – September 16, 2022 2 • In Carver County recently, we saw residents come together to volunteer to help support their fellow residents who were isolated or unemployed as a result of the COVID-19 pandemic. Businesses, churches, individuals, law enforcement and community organizations worked together to create and provide emergency food boxes. The effort served more than 4,500 households/families and more than 16,000 individuals in 2020. • This successful pandemic-related effort showed what is possible in Carver County at the local community level, if we set aside our differences to work together to create communities of belonging, that have their foundation rooted in the belief that the whole is truly greater than the sum of its parts. SENIOR EXPO The commission made comments and requested edits to the brochure. All members will be present at the event by 10:00 am. SENIOR CENTER 30TH ANNIVERSARY CELEBRATION The commission asked if Mayor Ryan will be at the event. All commissioners were encouraged to attend the event. UPDATE ON SHIP GRANT INFORMATION This is a statewide program. Carver County is investigating the option of partnering with Wright County. One of the programs will involve a home assessment for individuals reporting repeated falls. 4TH OF JULY BINGO EVENT: The Senior Commission raised a total of $680.00 for Project Delta. The funds were turned over to Beyond the Yellow Ribbon who in turn sent it to Project Delta. ACT ON ALZHIEMER’S UPDATE: In November, the Senior Commission will have a table at the Library. Educational information will be available. Commissioner Lunde asked if someone should be available at the table. There will be multiple events at the Senior Center addressing Dementia and Alzheimer’s. COMMUNITY HEALTH UPDATE – DAWN PLUMER, PUBLIC HEALTH PROGRAM SPECIALIST The County is still providing booster shots. Nurses will provide blood pressure test at the Expo Library Adult Programs Linnéa Fonnest informed the commission that most items were in the minutes and will not repeat them. Senior Commission Comments: The Senior Commission discussed changing the name of the Commission to Commission on Aging. The Commission addresses topics such as transportation, information and assistance, independent living in the home, social and recreational programs, senior 106 Chanhassen Senior Commission Minutes – September 16, 2022 3 center and senior housing, etc. that encompasses individuals of all ages. The Commission voted to change the name to reflect their goals and mission, which addresses aging. Commissioner Camarata moved to change the name to Commission on Aging, Commissioner Modi Seconded the motion. All voted in favor and the motion Carried. ADJOURNMENT: Chairman Cerchia called for meeting adjournment. Commissioner Haight moved to adjourn; Commissioner Camarata seconded the motion. All voted in favor and the motion carried. Prepared and submitted by Sharmeen Al-Jaff, Senior Planner 107 City Council Item November 28, 2022 Item Approve Claims Paid dated November 28, 2022 File No.Item No: E.5 Agenda Section CONSENT AGENDA Prepared By Danielle Washburn, Assistant Finance Director Reviewed By Kelly Grinnell SUGGESTED ACTION "The Chanhassen City Council Approves Claims Paid dated November 28, 2022." Motion Type Simple Majority Vote of members present Strategic Priority Financial Sustainability SUMMARY BACKGROUND DISCUSSION The following claims are submitted for review and approval on November 28, 2022: Check Numbers Amounts 178693 - 178780 $487,374.91 ACH Payments $1,194,311.47 Total All Claims $1,681,686.38 108 BUDGET RECOMMENDATION ATTACHMENTS Check Summary Check Summary ACH Check Detail Check Detail ACH 109 Accounts Payable User: Printed: dwashburn 11/18/2022 2:21 PM Checks by Date - Summary by Check Number Check No Check DateVendor NameVendor No Void Checks Check Amount 4pawsAn 4 Paws Animal Control 11/10/2022 0.00 350.00178693 UB*02662 All American Title Company 11/10/2022 0.00 404.32178694 ALLSTR ALLSTREAM 11/10/2022 0.00 564.47178695 ARAMAR ARAMARK Refreshment Services, LLC 11/10/2022 0.00 117.63178696 BecAnn Ann Beckman 11/10/2022 0.00 300.00178697 UB*02670 Laurie Blum 11/10/2022 0.00 325.12178698 BORSTA BORDER STATES ELECTRIC SUPPLY 11/10/2022 0.00 826.22178699 UB*02666 Burnet Title 11/10/2022 0.00 197.32178700 UB*02669 Burnet Title 11/10/2022 0.00 92.85178701 CARENV CARVER COUNTY ENVIRONMENTAL 11/10/2022 0.00 104.60178702 CarCouPa Carver County Parks 11/10/2022 0.00 141.00178703 CEMPRO CEMSTONE PRODUCTS CO 11/10/2022 0.00 337.00178704 CENENE CENTERPOINT ENERGY MINNEGASCO 11/10/2022 0.00 2,497.91178705 EmbMinn CENTURYLINK 11/10/2022 0.00 1,124.68178706 RapCra Craig Rapp LLC 11/10/2022 0.00 400.00178707 CROCOL CROWN COLLEGE 11/10/2022 0.00 550.00178708 CUBFOO CUB FOODS 11/10/2022 0.00 80.44178709 DAKSUP DAKOTA SUPPLY GROUP 11/10/2022 0.00 373.47178710 UB*02665 Edgewater Title Group 11/10/2022 0.00 29.22178711 EGACOM EGAN COMPANY 11/10/2022 0.00 815.00178712 Enterpr Enterprise FM Trust 11/10/2022 0.00 8,656.70178713 FACMOT FACTORY MOTOR PARTS COMPANY 11/10/2022 0.00 240.18178714 FlePri FleetPride, Inc.11/10/2022 0.00 253.99178715 GRABAR GRAYBAR 11/10/2022 0.00 635.88178716 GREMEA GREEN MEADOWS INC 11/10/2022 0.00 586.28178717 HeaPar HealthPartners, Inc.11/10/2022 0.00 80,025.11178718 UB*02663 Jeremy & Kathryn Hill 11/10/2022 0.00 23.63178719 UB*02668 Teresa M. 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312.83178736 UB*02661 CHADD SCHURR 11/10/2022 0.00 51.11178737 SCONEL SCOTT NELSON COACHING INC 11/10/2022 0.00 125.00178738 SHATRE Shadywood Tree Experts and Landscaping 11/10/2022 0.00 1,045.00178739 Page 1AP Checks by Date - Summary by Check Number (11/18/2022 2:21 PM) 110 Check No Check DateVendor NameVendor No Void Checks Check Amount SOFHOU SOFTWARE HOUSE INTERNATIONAL 11/10/2022 0.00 22,697.39178740 TFOFIN TFORCE FINAL MILE 11/10/2022 0.00 59.99178741 GooCom The Goodyear Tire & Rubber Company 11/10/2022 0.00 528.80178742 UB*02664 The Julie A Klauer Trust u/t/d 7/11/2002 11/10/2022 0.00 14.18178743 TimSav TimeSaver Off Site Secretarial, Inc 11/10/2022 0.00 616.00178744 UB*02659 Trademark Title Services 11/10/2022 0.00 317.63178745 TruGre TruGreen Processing Center 11/10/2022 0.00 578.00178746 WastMana Waste Management of Minnesota, Inc 11/10/2022 0.00 2,305.35178747 UB*02660 Watermark Title Company 11/10/2022 0.00 37.17178748 WEAWAT WEATHER WATCH INC 11/10/2022 0.00 1,056.00178749 AherWil William Ahern 11/17/2022 0.00 100.00178750 ARAMAR ARAMARK Refreshment Services, LLC 11/17/2022 0.00 204.05178751 BCATRA BCA 11/17/2022 0.00 15.00178752 BCATRA BCA 11/17/2022 0.00 33.25178753 BerLui Luis Berrospid 11/17/2022 0.00 36,984.47178754 CENENE CENTERPOINT ENERGY MINNEGASCO 11/17/2022 0.00 1,288.12178755 CenLin CenturyLink 11/17/2022 0.00 64.00178756 CHASKA CITY OF CHASKA 11/17/2022 0.00 1,584.96178757 CoxGera Gerald & Carol Cox 11/17/2022 0.00 500.00178758 DavRes Davey Resource Group 11/17/2022 0.00 700.00178759 DENCUS DENALI CUSTOM HOMES INC 11/17/2022 0.00 750.00178760 IndSig Indigo Signs 11/17/2022 0.00 1,209.62178761 KERRMATT Matt Kerr 11/17/2022 0.00 38.11178762 KNOBUI KNOBLAUCH BUILDERS LLC 11/17/2022 0.00 1,800.00178763 MNSaf Minnesota Safety Council 11/17/2022 0.00 552.00178764 MNHEAL MN DEPT OF HEALTH 11/17/2022 0.00 55.00178765 NeiOut Neil's Outdoor Services, Inc.11/17/2022 0.00 500.00178766 NOVSOL NOVEL SOLAR THREE, LLC 11/17/2022 0.00 11,164.84178767 PICPER PICTURE PERFECT HOMES INC 11/17/2022 0.00 250.00178768 PioPhot Pioneer Photography 11/17/2022 0.00 250.00178769 PremLL Premier Lawn & Landscape LLC 11/17/2022 0.00 990.00178770 RarLan Rare Landscapes 11/17/2022 0.00 250.00178771 ROAANI ROADKILL ANIMAL CONTROL 11/17/2022 0.00 190.00178772 schcom Schwickert Company 11/17/2022 0.00 470.00178773 SenRic Rick Senger 11/17/2022 0.00 100.00178774 SinJen Jennifer Singer 11/17/2022 0.00 100.00178775 SIRLIN SIR LINES-A-LOT 11/17/2022 0.00 7,420.00178776 SOUSUB SOUTHWEST NEWS MEDIA 11/17/2022 0.00 1,433.42178777 TimSav TimeSaver Off Site Secretarial, Inc 11/17/2022 0.00 344.50178778 TotHomS Total Home Solutions 11/17/2022 0.00 250.00178779 triedeea DeeAnn Triethart 11/17/2022 0.00 50.19178780 Report Total (88 checks): 487,374.91 1,736.79 Page 2AP Checks by Date - Summary by Check Number (11/18/2022 2:21 PM) 111 Accounts Payable Checks by Date - Summary by Check User: dwashburn Printed: 11/18/2022 2:22 PM Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH z-Aleall Alert-All Corp 09/16/2022 0.00 4,252.00 ACH z-amazon Amazon 09/16/2022 0.00 7,624.83 ACH Z-AMELEG American Legion 09/16/2022 0.00 102.54 ACH z-apple Apple.com 09/16/2022 0.00 1.98 ACH z-AssnMn Association of MN Emergency Managers 09/16/2022 0.00 100.00 ACH z-bitly Bitly, Inc 09/16/2022 0.00 35.00 ACH z-CaCoPa Carver County Parks 09/16/2022 0.00 158.00 ACH z-CDWG CDW Government 09/16/2022 0.00 718.96 ACH z-chifil Chick-Fil-A 09/16/2022 0.00 183.27 ACH z-costco Costco Wholesale 09/16/2022 0.00 141.37 ACH Z-COUINN Country Inn & Suites 09/16/2022 0.00 (118.50) ACH z-Cubfoo Cub Foods 09/16/2022 0.00 255.19 ACH z-CVS CVS 09/16/2022 0.00 3.85 ACH z-Davann Davanni's 09/16/2022 0.00 1,647.58 ACH z-dell Dell 09/16/2022 0.00 10,190.00 ACH z-domino Domino's Pizza 09/16/2022 0.00 188.65 ACH Z-Double Doubletree Hotel 09/16/2022 0.00 527.52 ACH z-dultra Duluth Trading Store 09/16/2022 0.00 103.18 ACH z-dxeven DX Events 09/16/2022 0.00 414.00 ACH z-Ebay Ebay 09/16/2022 0.00 80.12 ACH z-Fedex FedEx Office 09/16/2022 0.00 442.92 ACH z-FelTra Felling Trailers Inc 09/16/2022 0.00 60.22 ACH z-FleFar Fleet Farm 09/16/2022 0.00 46.16 ACH z-gerten Gertens 09/16/2022 0.00 849.12 ACH z-goowil Goodwill 09/16/2022 0.00 4.00 ACH z-haccom Hach Company 09/16/2022 0.00 265.02 ACH z-HomDep Home Depot 09/16/2022 0.00 292.73 ACH Z-HOULIH Houlihan's 09/16/2022 0.00 53.04 ACH z-ICMA ICMA 09/16/2022 0.00 1,542.00 ACH z-jamsof Jamf Software, LLC 09/16/2022 0.00 128.00 ACH z-jimjoh Jimmy Johns 09/16/2022 0.00 99.95 ACH z-keesec KeeperSecurity.com 09/16/2022 0.00 276.00 ACH z-Kwitri Kwik Trip 09/16/2022 0.00 104.16 ACH z-mcmcar McMaster-Carr 09/16/2022 0.00 56.40 ACH z-menard Menards 09/16/2022 0.00 189.44 ACH z-merlin Merlins Ace Hardware 09/16/2022 0.00 90.12 ACH z-mntrop Minnesota Trophies & Gifts 09/16/2022 0.00 11.00 ACH z-mnboa MN Board of AELSLAGID 09/16/2022 0.00 152.50 ACH z-mngfoa MN Government Finance Officers Association 09/16/2022 0.00 230.00 ACH z-NorToo Northern Tool+Equipment 09/16/2022 0.00 59.96 ACH Z-NORGRI Northside Grill 09/16/2022 0.00 22.30 ACH z-osha Occupational Safety and Health Adminstration 09/16/2022 0.00 147.99 ACH z-offmax Office Max/Office Depot 09/16/2022 0.00 81.00 ACH z-Post Postmaster 09/16/2022 0.00 14.15 ACH z-RubRoo Ruby's Roost 09/16/2022 0.00 11.66 ACH z-SamClu Sam's Club 09/16/2022 0.00 135.22 Page 1 of 4 112 Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH z-shebir Shebird 09/16/2022 0.00 73.00 ACH z-strat Stratoguard, LLC 09/16/2022 0.00 221.76 ACH z-SumMec Summit Mechanical Service 09/16/2022 0.00 200.00 ACH z-SurSup Survey Supply Inc 09/16/2022 0.00 1,363.57 ACH z-target Target 09/16/2022 0.00 1,038.26 ACH z-tessco Tessco 09/16/2022 0.00 415.36 ACH z-tjoff TJ Office Furniture 09/16/2022 0.00 1,771.79 ACH z-TruNor True North Controls 09/16/2022 0.00 493.00 ACH z-UofM U of M Contlearning 09/16/2022 0.00 145.00 ACH z-USABlu USABlueBook 09/16/2022 0.00 956.52 ACH z-Vikele Viking Electric Supply 09/16/2022 0.00 198.72 ACH z-Walmar Wal-Mart 09/16/2022 0.00 228.86 ACH z-wesco Wesco 09/16/2022 0.00 137.03 ACH z-WorTra WorkTraining.Com 09/16/2022 0.00 528.00 ACH z-zoom Zoom 09/16/2022 0.00 85.90 ACH z-amazon Amazon 10/18/2022 0.00 5,653.76 ACH z-ameleg American Legion 10/18/2022 0.00 120.46 ACH z-amepla American Planning Association 10/18/2022 0.00 1,446.56 ACH z-amepub American Public Works Association 10/18/2022 0.00 675.00 ACH z-awwa American Water Works Association 10/18/2022 0.00 75.50 ACH z-apple Apple.com 10/18/2022 0.00 1.98 ACH z-batplu Batteries Plus 10/18/2022 0.00 193.92 ACH z-besbuy Best Buy 10/18/2022 0.00 161.03 ACH z-bitly Bitly, Inc 10/18/2022 0.00 35.00 ACH z-builma Building Materials Outlet 10/18/2022 0.00 407.93 ACH z-chavac Chanhassen Vacuum Sales 10/18/2022 0.00 76.85 ACH z-chifil Chick-Fil-A 10/18/2022 0.00 381.18 ACH z-costco Costco Wholesale 10/18/2022 0.00 208.92 ACH z-cubfoo Cub Foods 10/18/2022 0.00 189.09 ACH z-davann Davanni's 10/18/2022 0.00 52.02 ACH z-domino Domino's Pizza 10/18/2022 0.00 69.09 ACH z-facboo Facebook 10/18/2022 0.00 19.98 ACH z-Firmar Fire Marshals Association of Minnesota 10/18/2022 0.00 330.00 ACH z-fratt Frattallones 10/18/2022 0.00 5.26 ACH z-Funexp Fun Express LLC 10/18/2022 0.00 133.11 ACH Z-GFOA Government Finance Officers Association 10/18/2022 0.00 135.00 ACH z-gutthe Guthrie Theater 10/18/2022 0.00 265.40 ACH z-haccom Hach Company 10/18/2022 0.00 1,811.98 ACH z-HomDep Home Depot 10/18/2022 0.00 3,484.31 ACH z-iaai Internation Assoc of Arson Investigators 10/18/2022 0.00 100.00 ACH z-invpla Invasive Plants Association of Wisconsin 10/18/2022 0.00 125.00 ACH z-jamsof Jamf Software, LLC 10/18/2022 0.00 132.00 ACH z-KenMea Kenny's Meatball Wagon 10/18/2022 0.00 1,648.19 ACH z-kwitri Kwik Trip 10/18/2022 0.00 25.11 ACH z-laserc Lasercrafting 10/18/2022 0.00 11.50 ACH z-LeaMin League of Minnesota Cities 10/18/2022 0.00 30.00 ACH z-mcmcar McMaster-Carr 10/18/2022 0.00 63.25 ACH z-menard Menards 10/18/2022 0.00 718.80 ACH z-merlin Merlins Ace Hardware 10/18/2022 0.00 12.87 ACH z-metcou Metropolitan Council Enviromental Services 10/18/2022 0.00 20,000.00 ACH z-Mnfire Minn Fire Svc Cert Board 10/18/2022 0.00 750.00 ACH z-mngis Minnesota GIS Lis Consort 10/18/2022 0.00 410.00 ACH z-mnrur Minnesota Rural Water Association 10/18/2022 0.00 750.00 ACH z-mngfoa MN Government Finance Officers Association 10/18/2022 0.00 310.00 ACH z-mono Monoprice.com 10/18/2022 0.00 322.10 ACH z-NatMah National Mahjongg League 10/18/2022 0.00 60.00 Page 2 of 4 113 Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH z-netsol Network Solutions 10/18/2022 0.00 261.93 ACH z-niccou Nicollet County Historial Society 10/18/2022 0.00 230.00 ACH z-Nortoo Northern Tool+Equipment 10/18/2022 0.00 435.44 ACH z-Parcit Party City 10/18/2022 0.00 27.92 ACH z-pizran Pizza Ranch 10/18/2022 0.00 537.97 ACH z-post Postmaster 10/18/2022 0.00 11.75 ACH z-Potbel Potbelly Sandwich Shop 10/18/2022 0.00 160.97 ACH z-samclu Sam's Club 10/18/2022 0.00 164.29 ACH z-shebir Shebird 10/18/2022 0.00 (68.00) ACH z-shewil Sherwin-Williams 10/18/2022 0.00 79.74 ACH z-sprwar Sprinkler Warehouse 10/18/2022 0.00 1,357.34 ACH z-stjam St. James Hotel 10/18/2022 0.00 1,436.00 ACH z-strat Stratoguard, LLC 10/18/2022 0.00 221.76 ACH z-Target Target 10/18/2022 0.00 270.73 ACH z-TheIns The Institute of Cultural 10/18/2022 0.00 950.00 ACH z-TruNor True North Controls 10/18/2022 0.00 150.00 ACH z-uline Uline.com 10/18/2022 0.00 296.26 ACH Z-USreba US Bank Rebate 10/18/2022 0.00 (1,723.29) ACH z-USABlu USABlueBook 10/18/2022 0.00 220.52 ACH z-USSSA USSSA 10/18/2022 0.00 80.00 ACH z-Walmar Wal-Mart 10/18/2022 0.00 27.67 ACH z-zoom Zoom 10/18/2022 0.00 85.90 ACH BarEng Barr Engineering Company 11/10/2022 0.00 1,984.50 ACH carcou Carver County 11/10/2022 0.00 954,715.00 ACH DIAVOG Diamond Vogel, Inc. 11/10/2022 0.00 862.50 ACH EMEAUT EMERGENCY AUTOMOTIVE TECH INC 11/10/2022 0.00 642.06 ACH ESSBRO ESS BROTHERS & SONS INC 11/10/2022 0.00 437.58 ACH HANTHO HANSEN THORP PELLINEN OLSON 11/10/2022 0.00 1,755.50 ACH INDLAN Indoor Landscapes Inc 11/10/2022 0.00 187.00 ACH InnOff Innovative Office Solutions LLC 11/10/2022 0.00 105.96 ACH Marco Marco Inc 11/10/2022 0.00 1,010.00 ACH MatTri Matheson Tri-Gas, Inc. 11/10/2022 0.00 424.60 ACH MERACE MERLINS ACE HARDWARE 11/10/2022 0.00 871.93 ACH MINNOCC MINNESOTA OCCUPATIONAL HEALTH 11/10/2022 0.00 361.00 ACH MVEC MN VALLEY ELECTRIC COOP 11/10/2022 0.00 6,548.59 ACH NAPA NAPA AUTO & TRUCK PARTS 11/10/2022 0.00 305.30 ACH NYSPUB NYSTROM PUBLISHING COMPANY INC 11/10/2022 0.00 889.04 ACH PRARES PRAIRIE RESTORATIONS INC 11/10/2022 0.00 2,610.31 ACH PREMRM PRECISE MRM LLC 11/10/2022 0.00 273.00 ACH PreWat Premium Waters, Inc 11/10/2022 0.00 4.00 ACH IMPPOR Rent N Save Portable Services 11/10/2022 0.00 5,495.20 ACH USABLU USA BLUE BOOK 11/10/2022 0.00 173.48 ACH WMMUE WM MUELLER & SONS INC 11/10/2022 0.00 561.93 ACH WSB WSB & ASSOCIATES INC 11/10/2022 0.00 5,739.75 ACH XCEL XCEL ENERGY INC 11/10/2022 0.00 22,604.62 ACH BROAWA BROADWAY AWARDS 11/17/2022 0.00 19.62 ACH carcou Carver County 11/17/2022 0.00 57,334.25 ACH CCPNIM CCP NI MASTER TENANT 4 LLC 11/17/2022 0.00 7,104.72 ACH COMINT COMPUTER INTEGRATION TECHN. 11/17/2022 0.00 4,840.00 ACH GSDIR GS DIRECT INC 11/17/2022 0.00 889.95 ACH HOIKOE HOISINGTON KOEGLER GROUP 11/17/2022 0.00 4,351.25 ACH AlHiJuli Juli Al-Hilwani 11/17/2022 0.00 296.25 ACH METCO Metropolitan Council, Env Svcs 11/17/2022 0.00 7,380.45 ACH MinPum Minnesota Pump Works 11/17/2022 0.00 3,376.28 ACH MNLABO MN DEPT OF LABOR AND INDUSTRY 11/17/2022 0.00 2,258.08 ACH MVEC MN VALLEY ELECTRIC COOP 11/17/2022 0.00 289.77 Page 3 of 4 114 Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH NorAmerS North American Safety, Inc. 11/17/2022 0.00 222.40 ACH PotMN Potentia MN Solar 11/17/2022 0.00 9,701.06 ACH WatCon Water Conservation Services, Inc. 11/17/2022 0.00 371.88 ACH WMMUE WM MUELLER & SONS INC 11/17/2022 0.00 404.59 ACH WSB WSB & ASSOCIATES INC 11/17/2022 0.00 260.00 ACH XCEL XCEL ENERGY INC 11/17/2022 0.00 199.65 Report Total: 0.00 1,194,311.47 Page 4 of 4 115 AP Check Detail-Checks User: dwashburn Printed: 11/18/2022 2:31:18 PM Last Name Acct 1 Amount Check Date Description 4 Paws Animal Control 101-1260-4300 350.00 11/10/2022 Animal Control - Sept & Oct 350.00 11/10/2022 4 Paws Animal Control 350.00 Ahern William 700-7204-4901 100.00 11/17/2022 Waterwise Rebate - Clothes Washer 100.00 11/17/2022 Ahern William 100.00 All American Title Company 700-0000-2020 311.36 11/10/2022 Refund Check 014659-000, 851 LAKE SUSAN HLS DR All American Title Company 701-0000-2020 66.45 11/10/2022 Refund Check 014659-000, 851 LAKE SUSAN HLS DR All American Title Company 700-0000-2020 3.14 11/10/2022 Refund Check 014659-000, 851 LAKE SUSAN HLS DR All American Title Company 720-0000-2020 23.37 11/10/2022 Refund Check 014659-000, 851 LAKE SUSAN HLS DR 404.32 11/10/2022 All American Title Company 404.32 ALLSTREAM 101-1160-4311 564.47 11/10/2022 Mitel Phone System Maintenance 564.47 11/10/2022 ALLSTREAM 564.47 ARAMARK Refreshment Services, LLC 101-1170-4110 117.63 11/10/2022 Caribou Regular AP - Check Detail-Checks (11/18/2022)Page 1 of 18 116 Last Name Acct 1 Amount Check Date Description 117.63 11/10/2022 ARAMARK Refreshment Services, LLC 101-1170-4110 204.05 11/17/2022 Caribou blend, regular, Starbucks Pike Place 204.05 11/17/2022 ARAMARK Refreshment Services, LLC 321.68 BCA 101-1120-4352 15.00 11/17/2022 Background Investigation BCA 101-1220-4352 33.25 11/17/2022 Background Investigation - Firefighter 48.25 11/17/2022 BCA 48.25 Beckman Ann 101-1560-4343 300.00 11/10/2022 Art Class Instructor - 3 classes 300.00 11/10/2022 Beckman Ann 300.00 Berrospid Luis 101-0000-2076 36,984.47 11/17/2022 Security Escrow - Berrospid Addition 36,984.47 11/17/2022 Berrospid Luis 36,984.47 Blum Laurie 701-0000-2020 43.62 11/10/2022 Refund Check 102129-000, 7608 RIDGEVIEW WAY Blum Laurie 700-0000-2020 255.40 11/10/2022 Refund Check 102129-000, 7608 RIDGEVIEW WAY Blum Laurie 720-0000-2020 23.01 11/10/2022 Refund Check 102129-000, 7608 RIDGEVIEW WAY Blum Laurie 700-0000-2020 3.09 11/10/2022 Refund Check 102129-000, 7608 RIDGEVIEW WAY 325.12 11/10/2022 Blum Laurie 325.12 BORDER STATES ELECTRIC SUPPLY 700-0000-4550 413.11 11/10/2022 Thhn-SS-Thhn 4/0 blk 19str AP - Check Detail-Checks (11/18/2022)Page 2 of 18 117 Last Name Acct 1 Amount Check Date Description BORDER STATES ELECTRIC SUPPLY 701-0000-4551 413.11 11/10/2022 Thhn-SS-Thhn 4/0 blk 19str 826.22 11/10/2022 BORDER STATES ELECTRIC SUPPLY 826.22 Burnet Title 701-0000-2020 37.10 11/10/2022 Refund Check 010248-002, 1400 LAKE SUSAN HLS DR Burnet Title 700-0000-2020 29.95 11/10/2022 Refund Check 010248-002, 1400 LAKE SUSAN HLS DR Burnet Title 720-0000-2020 22.74 11/10/2022 Refund Check 010248-002, 1400 LAKE SUSAN HLS DR Burnet Title 700-0000-2020 3.06 11/10/2022 Refund Check 010248-002, 1400 LAKE SUSAN HLS DR Burnet Title 701-0000-2020 99.43 11/10/2022 Refund Check 098108-000, 7707 NICHOLAS WAY Burnet Title 720-0000-2020 15.66 11/10/2022 Refund Check 098108-000, 7707 NICHOLAS WAY Burnet Title 700-0000-2020 74.03 11/10/2022 Refund Check 098108-000, 7707 NICHOLAS WAY Burnet Title 700-0000-2020 8.20 11/10/2022 Refund Check 098108-000, 7707 NICHOLAS WAY 290.17 11/10/2022 Burnet Title 290.17 CARVER COUNTY ENVIRONMENTAL 101-1550-4300 104.60 11/10/2022 Recycling - Paint, Appliance, Bulbs, Electronics 104.60 11/10/2022 CARVER COUNTY ENVIRONMENTAL 104.60 Carver County Parks 101-1731-3636 141.00 11/10/2022 Chan Park & Rec Programs 141.00 11/10/2022 Carver County Parks 141.00 CEMSTONE PRODUCTS CO 420-0000-4150 337.00 11/10/2022 4500 3/4 GV AE 337.00 11/10/2022 CEMSTONE PRODUCTS CO 337.00 CENTERPOINT ENERGY MINNEGASCO 701-0000-4321 29.94 11/10/2022 3900 Highway 7 AP - Check Detail-Checks (11/18/2022)Page 3 of 18 118 Last Name Acct 1 Amount Check Date Description CENTERPOINT ENERGY MINNEGASCO 700-7043-4321 545.33 11/10/2022 2100 Lake Harrison Rd CENTERPOINT ENERGY MINNEGASCO 101-1190-4321 945.28 11/10/2022 7711 Kerber Blvd CENTERPOINT ENERGY MINNEGASCO 101-1170-4321 477.23 11/10/2022 Chan City Hall - 7700 Market Blvd CENTERPOINT ENERGY MINNEGASCO 700-0000-4321 26.51 11/10/2022 2323 Lake Lucy Rd CENTERPOINT ENERGY MINNEGASCO 101-1600-4321 22.97 11/10/2022 6930 Minnewashta Pkwy CENTERPOINT ENERGY MINNEGASCO 101-1550-4321 57.33 11/10/2022 1456 W 78th St CENTERPOINT ENERGY MINNEGASCO 700-7019-4321 393.32 11/10/2022 201 W 79th St 2,497.91 11/10/2022 CENTERPOINT ENERGY MINNEGASCO 701-0000-4321 59.36 11/17/2022 Monthly Service - 7901 Park Pl CENTERPOINT ENERGY MINNEGASCO 101-1171-4321 50.13 11/17/2022 Monthly Service - 7610 Laredo Dr, 2310 Coulter Blvd, 6400 Minnew CENTERPOINT ENERGY MINNEGASCO 700-0000-4321 59.36 11/17/2022 Monthly Service - 7901 Park Pl CENTERPOINT ENERGY MINNEGASCO 101-1220-4321 503.13 11/17/2022 Monthly Service - 7610 Laredo Dr, 2310 Coulter Blvd, 6400 Minnew CENTERPOINT ENERGY MINNEGASCO 101-1312-4321 474.90 11/17/2022 Monthly Service - 7901 Park Pl CENTERPOINT ENERGY MINNEGASCO 101-1530-4321 141.24 11/17/2022 Monthly Service - 7610 Laredo Dr, 2310 Coulter Blvd, 6400 Minnew 1,288.12 11/17/2022 CENTERPOINT ENERGY MINNEGASCO 3,786.03 CENTURYLINK 701-0000-4310 6.01 11/10/2022 Monthly Service Oct 21 - Nov 20 CENTURYLINK 101-1170-4310 846.48 11/10/2022 Monthly Service Oct 21 - Nov 20 CENTURYLINK 101-1220-4310 33.04 11/10/2022 Monthly Service Oct 21 - Nov 20 CENTURYLINK 101-1350-4310 30.04 11/10/2022 Monthly Service Oct 21 - Nov 20 CENTURYLINK 101-1160-4325 125.00 11/10/2022 Monthly Service Oct 21 - Nov 20 CENTURYLINK 700-0000-4310 6.01 11/10/2022 Monthly Service Oct 21 - Nov 20 CENTURYLINK 101-1550-4310 30.04 11/10/2022 Monthly Service Oct 21 - Nov 20 CENTURYLINK 101-1312-4310 48.06 11/10/2022 Monthly Service Oct 21 - Nov 20 1,124.68 11/10/2022 CenturyLink 700-0000-4310 32.00 11/17/2022 Monthly Service - Nov 1 - Nov 30 CenturyLink 701-0000-4310 32.00 11/17/2022 Monthly Service - Nov 1 - Nov 30 64.00 11/17/2022 CenturyLink 1,188.68 CITY OF CHASKA 101-1560-4342 1,584.96 11/17/2022 Remembering Bobby Vee Tickets AP - Check Detail-Checks (11/18/2022)Page 4 of 18 119 Last Name Acct 1 Amount Check Date Description 1,584.96 11/17/2022 CITY OF CHASKA 1,584.96 Cox Gerald & Carol 101-0000-2073 500.00 11/17/2022 Permit 2022-02096 - 6200 Cardinal Ave - Erosion Control 500.00 11/17/2022 Cox Gerald & Carol 500.00 Craig Rapp LLC 101-1120-4370 400.00 11/10/2022 Compass Peer Group Annual Retreat 400.00 11/10/2022 Craig Rapp LLC 400.00 CROWN COLLEGE 101-1220-4370 550.00 11/10/2022 EMT/EMR Refresher 550.00 11/10/2022 CROWN COLLEGE 550.00 CUB FOODS 101-1560-4112 24.35 11/10/2022 Napkin, Tablecover CUB FOODS 101-1560-4112 56.09 11/10/2022 Granola Bars, Mandarins, Cake Donuts 80.44 11/10/2022 CUB FOODS 80.44 DAKOTA SUPPLY GROUP 701-0000-4530 373.47 11/10/2022 Ford WR Coupling 373.47 11/10/2022 DAKOTA SUPPLY GROUP 373.47 Davey Resource Group 720-7202-4300 700.00 11/17/2022 Roundhouse Park buckthorn mgmt AP - Check Detail-Checks (11/18/2022)Page 5 of 18 120 Last Name Acct 1 Amount Check Date Description 700.00 11/17/2022 Davey Resource Group 700.00 DENALI CUSTOM HOMES INC 101-0000-2075 750.00 11/17/2022 Landscape - 7590 Dogwood Rd - Permit 2021-01513 750.00 11/17/2022 DENALI CUSTOM HOMES INC 750.00 Edgewater Title Group 700-0000-2020 20.40 11/10/2022 Refund Check 010734-000, 861 PONTIAC LANE Edgewater Title Group 701-0000-2020 4.84 11/10/2022 Refund Check 010734-000, 861 PONTIAC LANE Edgewater Title Group 700-0000-2020 0.47 11/10/2022 Refund Check 010734-000, 861 PONTIAC LANE Edgewater Title Group 720-0000-2020 3.51 11/10/2022 Refund Check 010734-000, 861 PONTIAC LANE 29.22 11/10/2022 Edgewater Title Group 29.22 EGAN COMPANY 700-7043-4510 815.00 11/10/2022 Boilers Maintenance/Repair 815.00 11/10/2022 EGAN COMPANY 815.00 Enterprise FM Trust 400-0000-4811 475.76 11/10/2022 405 - 22 Chev Silv #25G5QQ Enterprise FM Trust 400-0000-4810 492.95 11/10/2022 140 - 22 Chev Silv #25G5J6 Enterprise FM Trust 400-0000-4704 200.00 11/10/2022 405 - 22 Chev Silv #25G5QQ Enterprise FM Trust 700-0000-4811 117.46 11/10/2022 305 - 22 Chev Silv #25G5QR Enterprise FM Trust 400-0000-4810 666.12 11/10/2022 605 - 22 Ford Rang #25G25M Enterprise FM Trust 400-0000-4810 501.39 11/10/2022 411 - 22 Chev Silv #25G8CL Enterprise FM Trust 400-0000-4810 590.37 11/10/2022 201 - 22 GMC Yuko #25MPSN Enterprise FM Trust 400-0000-4811 245.97 11/10/2022 408 - 22 Chev Silv #25G89X Enterprise FM Trust 400-0000-4811 267.22 11/10/2022 201 - 22 GMC Yuko #25MPSN Enterprise FM Trust 400-0000-4811 357.97 11/10/2022 606 - 22 Ford Rang #25G23Z Enterprise FM Trust 700-0000-4810 247.82 11/10/2022 305 - 22 Chev Silv #25G5QR Enterprise FM Trust 701-0000-4811 117.46 11/10/2022 305 - 22 Chev Silv #25G5QR Enterprise FM Trust 400-0000-4810 492.46 11/10/2022 408 - 22 Chev Silv #25G89X AP - Check Detail-Checks (11/18/2022)Page 6 of 18 121 Last Name Acct 1 Amount Check Date Description Enterprise FM Trust 400-0000-4811 183.40 11/10/2022 412 - 22 GMC Sier #25H28F Enterprise FM Trust 400-0000-4810 469.84 11/10/2022 214 - 22 Chev Silv #25G5D2 Enterprise FM Trust 400-0000-4811 233.85 11/10/2022 411 - 22 Chev Silv #25G8CL Enterprise FM Trust 400-0000-4810 946.65 11/10/2022 405 - 22 Chev Silv #25G5QQ Enterprise FM Trust 400-0000-4811 218.11 11/10/2022 140 - 22 Chev Silv #25G5J6 Enterprise FM Trust 701-0000-4810 247.82 11/10/2022 305 - 22 Chev Silv #25G5QR Enterprise FM Trust 400-0000-4811 235.59 11/10/2022 214 - 22 Chev Silv #25G5D2 Enterprise FM Trust 400-0000-4810 588.51 11/10/2022 606 - 22 Ford Rang #25G23Z Enterprise FM Trust 400-0000-4810 417.85 11/10/2022 412 - 22 GMC Sier #25H28F Enterprise FM Trust 400-0000-4811 342.13 11/10/2022 605 - 22 Ford Rang #25G25M 8,656.70 11/10/2022 Enterprise FM Trust 8,656.70 FACTORY MOTOR PARTS COMPANY 700-0000-4140 240.18 11/10/2022 Del 65SA 240.18 11/10/2022 FACTORY MOTOR PARTS COMPANY 240.18 FleetPride, Inc.101-1550-4120 253.99 11/10/2022 Contitech Air Spring 253.99 11/10/2022 FleetPride, Inc. 253.99 GRAYBAR 101-1550-4120 635.88 11/10/2022 Bulbs & Ballasts 635.88 11/10/2022 GRAYBAR 635.88 GREEN MEADOWS INC 101-1260-1193 315.68 11/10/2022 Lawn Mowing- 470 W 78th St GREEN MEADOWS INC 101-1260-1193 270.60 11/10/2022 Lawn Mowing- 380 Deerfoot Trl 586.28 11/10/2022 AP - Check Detail-Checks (11/18/2022)Page 7 of 18 122 Last Name Acct 1 Amount Check Date Description GREEN MEADOWS INC 586.28 HealthPartners, Inc.101-0000-2012 43,112.25 11/10/2022 December - Family HealthPartners, Inc.210-0000-2012 690.01 11/10/2022 December - Single HealthPartners, Inc.720-0000-2012 1,380.02 11/10/2022 December - Single HealthPartners, Inc.720-0000-2012 1,724.49 11/10/2022 December - Family HealthPartners, Inc.700-0000-2012 2,415.04 11/10/2022 December - Single HealthPartners, Inc.101-0000-2012 22,770.33 11/10/2022 December - Single HealthPartners, Inc.701-0000-2012 3,448.98 11/10/2022 December - Family HealthPartners, Inc.700-0000-2012 3,448.98 11/10/2022 December - Family HealthPartners, Inc.701-0000-2012 1,035.01 11/10/2022 December - Single 80,025.11 11/10/2022 HealthPartners, Inc. 80,025.11 Hill Jeremy & Kathryn 700-0000-2020 23.63 11/10/2022 Refund Check 018999-000, 1371 THRUSH COURT 23.63 11/10/2022 Hill Jeremy & Kathryn 23.63 Hodnett Teresa M.700-0000-2020 1.77 11/10/2022 Refund Check 007598-000, 290 TRAPPERS PASS Hodnett Teresa M.700-0000-2020 0.18 11/10/2022 Refund Check 007598-000, 290 TRAPPERS PASS Hodnett Teresa M.720-0000-2020 1.34 11/10/2022 Refund Check 007598-000, 290 TRAPPERS PASS Hodnett Teresa M.701-0000-2020 2.19 11/10/2022 Refund Check 007598-000, 290 TRAPPERS PASS 5.48 11/10/2022 Hodnett Teresa M. 5.48 Holton Electric Contractors LLC 700-0000-4300 225.00 11/10/2022 Labor - Generator 225.00 11/10/2022 Holton Electric Contractors LLC 225.00 Indigo Signs 101-1180-4300 300.00 11/17/2022 Digitally Printed inerior election directional AP - Check Detail-Checks (11/18/2022)Page 8 of 18 123 Last Name Acct 1 Amount Check Date Description Indigo Signs 101-1160-4530 909.62 11/17/2022 Repair - Row of LED lights out on library sign 1,209.62 11/17/2022 Indigo Signs 1,209.62 John Henry Foster Minnesota Inc 700-7019-4120 196.37 11/10/2022 Mead M4A04-0N 196.37 11/10/2022 John Henry Foster Minnesota Inc 196.37 Kerr Matt 101-1160-4380 38.11 11/17/2022 Travel Reimbursement Oct - Nov 38.11 11/17/2022 Kerr Matt 38.11 KNOBLAUCH BUILDERS LLC 101-0000-2073 1,800.00 11/17/2022 Permit 2021-06379 - 310 Preserve Court - Erosion Control 1,800.00 11/17/2022 KNOBLAUCH BUILDERS LLC 1,800.00 Lano Equipment 400-0000-4705 5,600.16 11/10/2022 T66 Bobcat Track Loader Lano Equipment 400-0000-4705 5,951.40 11/10/2022 S66 Bobcat Skid Loader 11,551.56 11/10/2022 Lano Equipment 11,551.56 LEAGUE OF MINNESOTA CITIES 101-1120-4370 30.00 11/10/2022 APMP Conference - Matt Unmacht 30.00 11/10/2022 LEAGUE OF MINNESOTA CITIES 30.00 AP - Check Detail-Checks (11/18/2022)Page 9 of 18 124 Last Name Acct 1 Amount Check Date Description Lennar 101-0000-2075 750.00 11/10/2022 Landscape escrow - 7178 Alphabet Street Lennar 101-0000-2075 750.00 11/10/2022 Landscape escrow - 7155 Alphabet Street Lennar 101-0000-2075 750.00 11/10/2022 Landscape escrow - 7145 Purple Parkway Lennar 101-0000-2022 1,404.67 11/10/2022 Refund Surcharge - Permit 2022-03295 - 7148 Pearl Dr Lennar 101-0000-2075 750.00 11/10/2022 Landscape escrow - 7119 Alphabet Street Lennar 101-0000-2075 750.00 11/10/2022 Landscape escrow - 7154 Alphabet Street Lennar 101-0000-2075 750.00 11/10/2022 Landscape escrow - 7131 Alphabet Street Lennar 101-0000-2075 750.00 11/10/2022 Landscape escrow - 7167 Alphabet Street Lennar 101-0000-2075 750.00 11/10/2022 Landscape escrow - 7181 Purple Parkway 7,404.67 11/10/2022 Lennar 7,404.67 Metronet Holdings, LLC 700-7043-4310 55.69 11/10/2022 Monthly Service - November, 2022 55.69 11/10/2022 Metronet Holdings, LLC 55.69 METROPOLITAN COUNCIL 701-0000-4509 197,038.58 11/10/2022 Waste Water Service 197,038.58 11/10/2022 METROPOLITAN COUNCIL 197,038.58 MINNESOTA RURAL WATER ASSN 101-1320-4370 255.00 11/10/2022 Exam Refresher - Chris Pratley 255.00 11/10/2022 MINNESOTA RURAL WATER ASSN 255.00 Minnesota Safety Council 101-1560-4343 506.00 11/17/2022 DDC 4hr class Minnesota Safety Council 101-1560-4343 46.00 11/17/2022 DDC 4hr class 552.00 11/17/2022 AP - Check Detail-Checks (11/18/2022)Page 10 of 18 125 Last Name Acct 1 Amount Check Date Description Minnesota Safety Council 552.00 MN DEPT OF HEALTH 101-1320-4370 55.00 11/17/2022 Waterworks Operator Examination - Chris Pratley 55.00 11/17/2022 MN DEPT OF HEALTH 55.00 MN NCPERS LIFE INSURANCE 701-0000-2037 8.00 11/10/2022 NCPERS - Life Insurance MN NCPERS LIFE INSURANCE 101-0000-2037 96.00 11/10/2022 NCPERS - Life Insurance MN NCPERS LIFE INSURANCE 700-0000-2037 8.00 11/10/2022 NCPERS - Life Insurance 112.00 11/10/2022 MN NCPERS LIFE INSURANCE 112.00 Neil's Outdoor Services, Inc.101-0000-2073 500.00 11/17/2022 Permit 2022-03123 - 9325 Eagle Ridge Rd - Erosion Control 500.00 11/17/2022 Neil's Outdoor Services, Inc. 500.00 Northern Mechanical Contractors 101-0000-2022 58.50 11/10/2022 Surcharge Refund - Permit 2022-03412 - 306 W 78th St 58.50 11/10/2022 Northern Mechanical Contractors 58.50 NOVEL SOLAR THREE, LLC 700-0000-4320 7,193.13 11/17/2022 Monthly Service - Sept 1 - 30 NOVEL SOLAR THREE, LLC 701-0000-4320 3,794.60 11/17/2022 Monthly Service - Sept 1 - 30 NOVEL SOLAR THREE, LLC 101-1350-4320 177.11 11/17/2022 Monthly Service - Sept 1 - 30 11,164.84 11/17/2022 NOVEL SOLAR THREE, LLC 11,164.84 Pamela A Simning Revocable Trust 720-0000-2020 1.84 11/10/2022 Refund Check 102215-000, 2166 PAISLEY PATH AP - Check Detail-Checks (11/18/2022)Page 11 of 18 126 Last Name Acct 1 Amount Check Date Description Pamela A Simning Revocable Trust 700-0000-2020 0.25 11/10/2022 Refund Check 102215-000, 2166 PAISLEY PATH Pamela A Simning Revocable Trust 700-0000-2020 10.20 11/10/2022 Refund Check 102215-000, 2166 PAISLEY PATH Pamela A Simning Revocable Trust 701-0000-2020 21.29 11/10/2022 Refund Check 102215-000, 2166 PAISLEY PATH 33.58 11/10/2022 Pamela A Simning Revocable Trust 33.58 PICTURE PERFECT HOMES INC 101-0000-2073 250.00 11/17/2022 Permit 2022-03624 - 1574 Bluebill Trl - Erosion Control 250.00 11/17/2022 PICTURE PERFECT HOMES INC 250.00 PILGRIM DRY CLEANERS 101-1220-4300 482.44 11/10/2022 Wash/Dry/Fold - Chan Fire Dept 482.44 11/10/2022 PILGRIM DRY CLEANERS 482.44 Pioneer Photography 101-1560-4343 250.00 11/17/2022 Memories of the Brave - Nov 10, 2022 250.00 11/17/2022 Pioneer Photography 250.00 Pipe Services Corporation 701-7013-4751 70,335.04 11/10/2022 2023 Sanitary Sewer I&I project 70,335.04 11/10/2022 Pipe Services Corporation 70,335.04 Premier Lawn & Landscape LLC 700-7043-4510 990.00 11/17/2022 Fertilization/Weed control / Appl #3 990.00 11/17/2022 AP - Check Detail-Checks (11/18/2022)Page 12 of 18 127 Last Name Acct 1 Amount Check Date Description Premier Lawn & Landscape LLC 990.00 RAINBOW TREE COMPANY 720-7202-4300 152.00 11/10/2022 Horticultural Oil 152.00 11/10/2022 RAINBOW TREE COMPANY 152.00 Rare Landscapes 101-0000-2073 250.00 11/17/2022 Permit 2022-00502 - 7232 Pearl Drive - Erosion Control 250.00 11/17/2022 Rare Landscapes 250.00 Reid Stuart & Julie 700-0000-2020 312.83 11/10/2022 Refund Check 097610-000, 7423 FAWN HILL ROAD 312.83 11/10/2022 Reid Stuart & Julie 312.83 ROADKILL ANIMAL CONTROL 101-1320-4300 190.00 11/17/2022 Professional - Roadkill Services 190.00 11/17/2022 ROADKILL ANIMAL CONTROL 190.00 SCHURR CHADD 700-0000-2020 10.34 11/10/2022 Refund Check 102380-000, 8571 FLAMINGO DRIVE SCHURR CHADD 700-0000-2020 1.98 11/10/2022 Refund Check 102380-000, 8571 FLAMINGO DRIVE SCHURR CHADD 720-0000-2020 14.74 11/10/2022 Refund Check 102380-000, 8571 FLAMINGO DRIVE SCHURR CHADD 701-0000-2020 24.05 11/10/2022 Refund Check 102380-000, 8571 FLAMINGO DRIVE 51.11 11/10/2022 SCHURR CHADD 51.11 Schwickert Company 700-7019-4530 470.00 11/17/2022 Chanhassen East WWTP - Clean Burners & Ignitor AP - Check Detail-Checks (11/18/2022)Page 13 of 18 128 Last Name Acct 1 Amount Check Date Description 470.00 11/17/2022 Schwickert Company 470.00 SCOTT NELSON COACHING INC 101-1220-4300 125.00 11/10/2022 Leadership Coaching w/Don Johnson 125.00 11/10/2022 SCOTT NELSON COACHING INC 125.00 Senger Rick 700-7204-4901 100.00 11/17/2022 Waterwise Rebate - Clothes Washer 100.00 11/17/2022 Senger Rick 100.00 Shadywood Tree Experts and Landscaping 720-7202-4300 1,045.00 11/10/2022 Row Tree Removal @ 2080 Melody Hill 1,045.00 11/10/2022 Shadywood Tree Experts and Landscaping 1,045.00 Singer Jennifer 700-7204-4901 100.00 11/17/2022 Waterwise Rebate - Clothes Washer 100.00 11/17/2022 Singer Jennifer 100.00 SIR LINES-A-LOT 420-0000-4150 7,420.00 11/17/2022 Custom do not block pavement marking 7,420.00 11/17/2022 SIR LINES-A-LOT 7,420.00 SOFTWARE HOUSE INTERNATIONAL 101-1160-4211 18,500.00 11/10/2022 Office365 G3 & G3 License Renewals Yr 2 of 3 SOFTWARE HOUSE INTERNATIONAL 101-1160-4218 2,400.27 11/10/2022 Adobe CC & Acrobat Pro DC Renewals AP - Check Detail-Checks (11/18/2022)Page 14 of 18 129 Last Name Acct 1 Amount Check Date Description SOFTWARE HOUSE INTERNATIONAL 101-1160-4216 1,797.12 11/10/2022 Adobe CC & Acrobat Pro DC Renewals 22,697.39 11/10/2022 SOFTWARE HOUSE INTERNATIONAL 22,697.39 SOUTHWEST NEWS MEDIA 101-1110-4336 132.30 11/17/2022 Legal - Ordinance SOUTHWEST NEWS MEDIA 101-1614-4340 375.00 11/17/2022 Front Page Chvl Sdgt SOUTHWEST NEWS MEDIA 101-1310-4336 73.50 11/17/2022 Legal - Vacation Iroguois SOUTHWEST NEWS MEDIA 101-1310-4336 102.90 11/17/2022 Legal Services SOUTHWEST NEWS MEDIA 700-0000-4336 112.09 11/17/2022 Legal - Delinquet Utility SOUTHWEST NEWS MEDIA 101-1420-4336 33.08 11/17/2022 Legal - 695 Pleasant View Rd SOUTHWEST NEWS MEDIA 101-1180-4336 22.05 11/17/2022 Legal - public accurancy test SOUTHWEST NEWS MEDIA 101-1110-4336 143.33 11/17/2022 Legal - Ordinance SOUTHWEST NEWS MEDIA 101-1110-4336 29.40 11/17/2022 Legal - Ordiance SOUTHWEST NEWS MEDIA 101-1110-4336 36.75 11/17/2022 Legal - Ordinance SOUTHWEST NEWS MEDIA 101-1420-4336 29.40 11/17/2022 Legal - Ph Variance Extension SOUTHWEST NEWS MEDIA 701-0000-4336 112.09 11/17/2022 Legal - Delinquet Utility SOUTHWEST NEWS MEDIA 101-1260-4336 18.38 11/17/2022 Legal - Del Code Violations SOUTHWEST NEWS MEDIA 101-1310-4336 66.15 11/17/2022 Legal - Vac of public drainage SOUTHWEST NEWS MEDIA 101-1110-4336 44.10 11/17/2022 Legal - Ordiance SOUTHWEST NEWS MEDIA 101-1180-4336 102.90 11/17/2022 Legal - sample ballot 1,433.42 11/17/2022 SOUTHWEST NEWS MEDIA 1,433.42 TFORCE FINAL MILE 400-0000-1155 59.99 11/10/2022 Delivery Fee - Erhart Farms 59.99 11/10/2022 TFORCE FINAL MILE 59.99 The Goodyear Tire & Rubber Company 101-1220-4140 528.80 11/10/2022 GY 265/60R17 Eag RSA VSB 108V 528.80 11/10/2022 The Goodyear Tire & Rubber Company 528.80 AP - Check Detail-Checks (11/18/2022)Page 15 of 18 130 Last Name Acct 1 Amount Check Date Description The Julie A Klauer Trust u/t/d 7/11/2002 700-0000-2020 2.55 11/10/2022 Refund Check 100962-000, 70 LAKE RILEY TRAIL The Julie A Klauer Trust u/t/d 7/11/2002 701-0000-2020 10.82 11/10/2022 Refund Check 100962-000, 70 LAKE RILEY TRAIL The Julie A Klauer Trust u/t/d 7/11/2002 720-0000-2020 0.60 11/10/2022 Refund Check 100962-000, 70 LAKE RILEY TRAIL The Julie A Klauer Trust u/t/d 7/11/2002 700-0000-2020 0.21 11/10/2022 Refund Check 100962-000, 70 LAKE RILEY TRAIL 14.18 11/10/2022 The Julie A Klauer Trust u/t/d 7/11/2002 14.18 TimeSaver Off Site Secretarial, Inc 210-0000-4300 616.00 11/10/2022 City Council, EDC, Planning meeting minutes 616.00 11/10/2022 TimeSaver Off Site Secretarial, Inc 210-0000-4300 344.50 11/17/2022 Park & Rec, Planning Commission - Meeting Minutes 344.50 11/17/2022 TimeSaver Off Site Secretarial, Inc 960.50 Total Home Solutions 101-0000-2073 250.00 11/17/2022 Permit 2022-03293 - 1573 Bluebill Trl - Erosion Control 250.00 11/17/2022 Total Home Solutions 250.00 Trademark Title Services 701-0000-2020 95.60 11/10/2022 Refund Check 014321-000, 8461 SWAN COURT Trademark Title Services 720-0000-2020 23.81 11/10/2022 Refund Check 014321-000, 8461 SWAN COURT Trademark Title Services 700-0000-2020 3.20 11/10/2022 Refund Check 014321-000, 8461 SWAN COURT Trademark Title Services 700-0000-2020 195.02 11/10/2022 Refund Check 014321-000, 8461 SWAN COURT 317.63 11/10/2022 Trademark Title Services 317.63 Triethart DeeAnn 101-1170-4110 50.19 11/17/2022 Forks, Knives, Spoons 50.19 11/17/2022 AP - Check Detail-Checks (11/18/2022)Page 16 of 18 131 Last Name Acct 1 Amount Check Date Description Triethart DeeAnn 50.19 TruGreen Processing Center 101-1550-4300 112.00 11/10/2022 Lawn Service - East Treatment Plant TruGreen Processing Center 101-1550-4300 77.00 11/10/2022 Lawn Service - West Treatment Plant TruGreen Processing Center 101-1550-4300 75.00 11/10/2022 Lawn Service - East Treatment Plant TruGreen Processing Center 101-1550-4300 217.00 11/10/2022 Lawn Service - Chanhassen Cemetery TruGreen Processing Center 101-1550-4300 97.00 11/10/2022 Lawn Service - West Fire Station 578.00 11/10/2022 TruGreen Processing Center 578.00 Waste Management of Minnesota, Inc 101-1220-4329 104.15 11/10/2022 Waste Services - Main Fire Station Waste Management of Minnesota, Inc 101-1170-4329 262.09 11/10/2022 Waste Services - City Hall Waste Management of Minnesota, Inc 101-1220-4329 38.71 11/10/2022 Waste Services - West Fire Station Waste Management of Minnesota, Inc 700-0000-4329 17.12 11/10/2022 Waste Services - Public Works Waste Management of Minnesota, Inc 701-0000-4329 17.12 11/10/2022 Waste Services - Public Works Waste Management of Minnesota, Inc 101-1190-4329 362.02 11/10/2022 Waste Services - Chan Library Waste Management of Minnesota, Inc 101-1312-4329 137.00 11/10/2022 Waste Services - Public Works Waste Management of Minnesota, Inc 101-1550-4329 758.60 11/10/2022 Waste Services - Lake Ann Waste Management of Minnesota, Inc 101-1550-4329 608.54 11/10/2022 Waste Services - Public Works 2,305.35 11/10/2022 Waste Management of Minnesota, Inc 2,305.35 Watermark Title Company 720-0000-2020 5.15 11/10/2022 Refund Check 101590-000, 6941 NEZ PERCE DRIVE Watermark Title Company 701-0000-2020 7.98 11/10/2022 Refund Check 101590-000, 6941 NEZ PERCE DRIVE Watermark Title Company 700-0000-2020 23.34 11/10/2022 Refund Check 101590-000, 6941 NEZ PERCE DRIVE Watermark Title Company 700-0000-2020 0.70 11/10/2022 Refund Check 101590-000, 6941 NEZ PERCE DRIVE 37.17 11/10/2022 Watermark Title Company 37.17 WEATHER WATCH INC 101-1320-4360 528.00 11/10/2022 Weather Service - Winter Weather Service WEATHER WATCH INC 101-1550-4360 528.00 11/10/2022 Weather Service - Winter Weather Service AP - Check Detail-Checks (11/18/2022)Page 17 of 18 132 Last Name Acct 1 Amount Check Date Description 1,056.00 11/10/2022 WEATHER WATCH INC 1,056.00 487,374.91 AP - Check Detail-Checks (11/18/2022)Page 18 of 18 133 AP Check Detail-ACH User: dwashburn Printed: 11/18/2022 2:32:55 PM Last Name Acct 1 Amount Check Date Description Alert-All Corp 101-1220-4144 790.00 9/16/2022 20 oz Bike Bottle Alert-All Corp 101-1220-4144 3,462.00 9/16/2022 Black Fire Hat White Fire Hat Red Fire Hat Vinyl Football 4,252.00 9/16/2022 Alert-All Corp 4,252.00 Al-Hilwani Juli 101-1530-4343 146.25 11/17/2022 Personal Training - Tammy Floid Al-Hilwani Juli 101-1539-4343 150.00 11/17/2022 Pickleball Lessons - Nov 12 and 19 296.25 11/17/2022 Al-Hilwani Juli 296.25 Amazon 700-7043-4150 41.98 9/16/2022 MW Smoke Stick & US Flag car stickers Amazon 101-1160-4132 44.97 9/16/2022 Spare Mice Amazon 101-1160-4134 38.90 9/16/2022 keystone jacks/ USB charging cables Amazon 101-1616-4130 91.98 9/16/2022 Foam Dodgeball Set Amazon 101-1160-4134 24.90 9/16/2022 Multi tool matt K Amazon 700-7043-4120 8.99 9/16/2022 MW WWTP Smoke Pencil 3oz Refill Fluid Amazon 101-1170-4110 37.79 9/16/2022 supplies coffee cups Amazon 101-1616-4130 93.96 9/16/2022 Glue Contact Lens Solutions Amazon 101-1530-4130 13.97 9/16/2022 Replacement Clock Amazon 101-1170-4110 64.41 9/16/2022 Blank Badges Badge Holders / Retractors Amazon 101-1616-4130 87.80 9/16/2022 Tulip One-Step Tie-Dye Kit Amazon 101-1180-4110 15.98 9/16/2022 election supplies Door stops for precincts Amazon 101-1530-4130 7.99 9/16/2022 Antibacterial Sheer Adhesive Pad Bandages Amazon 700-7043-4510 10.04 9/16/2022 MW WWTP Building Towelettes Amazon 101-1616-4130 177.75 9/16/2022 Fruit Snacks Amazon 101-1616-4130 14.99 9/16/2022 24 pack Whistle with Lanyard Amazon 101-1550-4120 37.60 9/16/2022 CS Minn Kots Endura Trolling Motor Lever-Tilt AP - Check Detail-ACH (11/18/2022)Page 1 of 34 134 Last Name Acct 1 Amount Check Date Description Amazon 101-1180-4110 47.07 9/16/2022 Election supplies coffee kcups Amazon 101-1220-4142 12.86 9/16/2022 Amazon - Tamper Seals Amazon 101-1170-4110 27.27 9/16/2022 BM Multi Purpose Room Supplies Forks Amazon 101-1160-4131 -399.98 9/16/2022 Spare Surface Docks - Refund for returned items Amazon 101-1180-4110 9.59 9/16/2022 replacement filters Election keurig coffee maker Amazon 101-1170-4110 25.99 9/16/2022 Purell hand sanitizers for bldg department Amazon 101-1170-4121 1,315.56 9/16/2022 4 Chairs (finance front desk engineering and econ development Amazon 101-1807-4130 18.99 9/16/2022 Bat Grips Amazon 101-1616-4130 48.29 9/16/2022 Inflatable Pool Floats Intex Stingray Ride-On Amazon 101-1806-4130 219.90 9/16/2022 Replacement Soccer Goals Amazon 101-1170-4110 26.96 9/16/2022 BM Multi Purpose Room Supplies Paper Towels & Napkins Amazon 101-1806-4130 18.99 9/16/2022 Bat Grips Amazon 101-1170-4110 36.97 9/16/2022 Blue tape for rec center Amazon 101-1170-4110 22.25 9/16/2022 JG Document Holder Ergo Mousepad Amazon 101-1180-4110 -16.89 9/16/2022 Shipping Error Correction Bungy Cord Amazon 101-1170-4110 32.00 9/16/2022 BM Multi Purpose Room Supplies Spoons Amazon 101-1731-4130 39.71 9/16/2022 Tie-Dye Kit Ballpoint Pen Amazon 101-1170-4110 21.66 9/16/2022 Paper bowls for staff lunch room Amazon 101-1220-4142 33.81 9/16/2022 Amazon - Safety Glasses Amazon 101-1160-4530 479.00 9/16/2022 Replacement camera rec center hallway Amazon 101-1160-4131 399.98 9/16/2022 Spare Surface Docks Amazon 101-1160-4132 82.08 9/16/2022 iPad Air Charger Cable Adapter Case Amazon 700-7019-4120 74.98 9/16/2022 JC EWTP Sledge Hammer Amazon 101-1160-4310 765.00 9/16/2022 mitel phones for new hires and spares Amazon 101-1600-4130 10.89 9/16/2022 Disposable Food Prep Gloves Amazon 101-1616-4130 8.20 9/16/2022 Assorted Food Colors - Red Blue Green Yellow Amazon 101-1807-4130 65.28 9/16/2022 Replacement T-ball Tees Amazon 101-1530-4130 20.88 9/16/2022 Antibiotic Ointment Antiseptic Towelettes First Aid Burn Cream Amazon 101-1180-4110 100.00 9/16/2022 Election supplies coffee cups Amazon 101-1110-4372 13.49 9/16/2022 Snacks for Council meetings Amazon 101-1160-4530 39.99 9/16/2022 replacement usb print server for admin dymo Amazon 701-0000-4510 860.00 9/16/2022 MW Sewer Building Repair Industrial Shelving Rack Amazon 101-1731-4130 119.83 9/16/2022 White Cross Adhesive Bandages Hot Coffee Cups Amazon 101-1806-4130 65.28 9/16/2022 Replacement T-ball Tees Amazon 101-1731-4130 88.80 9/16/2022 Dish Soap Amazon 101-1170-4110 32.04 9/16/2022 Waste Toner Collection Cartridges HP Admin / Building Amazon 101-1180-4110 23.35 9/16/2022 Election supplies- coffee creamer Amazon 101-1170-4110 78.18 9/16/2022 Calculator with tape for finance Amazon 101-1110-4372 21.99 9/16/2022 Council snacks ftn conf room Amazon 101-1616-4130 186.69 9/16/2022 Glue Baking Soda Amazon 101-1170-4510 504.59 9/16/2022 DeeAnn purchase-mix up DT paid Finance Amazon 101-1616-4130 19.99 9/16/2022 Boogie Boards for Kids Swimming Pool Floating Toys Amazon 101-1170-4530 64.41 9/16/2022 Trying this system in case ac unit goes out in any building AP - Check Detail-ACH (11/18/2022)Page 2 of 34 135 Last Name Acct 1 Amount Check Date Description Amazon 101-1616-4130 4.10 9/16/2022 Assorted Food Colors - Red Blue Green Yellow Amazon 101-1616-4130 108.95 9/16/2022 Painters Tape Vests/Pinnies Amazon 101-1170-4110 13.29 9/16/2022 AA batteries for supply room Amazon 101-1530-4120 17.94 9/16/2022 Replacement Remote Amazon 101-1160-4132 67.63 9/16/2022 USB-C to SD Adapter Cell Phone Case Amazon 101-1180-4110 265.77 9/16/2022 bungy cords and extension cords for election precincts Amazon 101-1616-4130 25.44 9/16/2022 Chocolate Frosting Butter Cream Frosting Amazon 101-1806-4130 79.77 9/16/2022 Flag football belts Amazon 101-1220-4144 193.89 9/16/2022 Amazon - Fire Open House Kids Obstacle Course - Tunnel Amazon 101-1731-4130 20.99 9/16/2022 Plastic String for bracelets Necklace and Keychains Amazon 101-1731-4130 20.64 9/16/2022 Bounty Quick Size Paper Towels Amazon 101-1170-4110 32.41 9/16/2022 Keyboard/Mouse wrist rests Matt K Amazon 101-1170-4110 50.90 9/16/2022 Blank ID Badges Badge Holders Amazon 101-1616-4130 158.52 9/16/2022 Hot Coffee Cups Tie-Dye Kit Water Balloons Amazon 101-1160-4207 7.83 9/16/2022 Sewer Televising Videos - Access Fee - July Amazon 101-1731-4130 6.36 9/16/2022 Sharpie Permanent Markers Amazon 101-1160-4134 8.88 9/16/2022 Cat 6 Network Cable Ends Amazon 101-1180-4110 61.60 9/16/2022 power strips for election precincts 7,624.83 9/16/2022 Amazon 101-1537-4130 5.24 10/18/2022 wristbands for Barnyard Boogie Amazon 101-1160-4133 599.00 10/18/2022 Replacement Printer Finance Dept Amazon 101-1806-4130 37.98 10/18/2022 Grip tape for tball bats Amazon 101-1170-4110 302.79 10/18/2022 Toner finance printer Amazon 101-1170-4110 13.97 10/18/2022 Air Fresheners Bathrooms Amazon 101-1180-4110 221.97 10/18/2022 Easels for Election Signage Amazon 101-1320-4310 39.72 10/18/2022 BM Bluetooth Headsets Amazon 101-1160-4530 188.77 10/18/2022 Replacement Paper Tray for Finance Printer Amazon 101-1160-4207 7.83 10/18/2022 Sewer Televisiong Files Access Fee Sept Amazon 101-1160-4134 74.98 10/18/2022 Parts for Fire Station HDMI Connection Amazon 701-0000-4120 5.37 10/18/2022 BM Duratech 4 Way Utilities Key Multi Functional Water Amazon 101-1170-4121 445.73 10/18/2022 Office Chair KellyG Amazon 101-1614-4130 89.52 10/18/2022 Rhode Island Novelty Neon Bubble Bottles Amazon 701-0000-4120 324.81 10/18/2022 BM Banding Kit Amazon 101-1170-4110 41.70 10/18/2022 Certificate Holders Amazon 101-1160-4134 26.92 10/18/2022 Keystone jack panel for network rack fire station 1 Amazon 101-1160-4132 22.89 10/18/2022 Parks new iPad screen protectors Amazon 101-1170-4110 15.29 10/18/2022 Coffee Amazon 101-1614-4130 39.96 10/18/2022 Slap Bracelets Rubber Wristbands Amazon 101-1170-4110 48.89 10/18/2022 Ink Jet Cartridge Senior Center Mary B Amazon 101-1170-4110 93.16 10/18/2022 2 Standing Mats Desk Organizer Paper Organizer for Communication Amazon 101-1160-4530 6.79 10/18/2022 Screen Protector for Ricks Cell Phone AP - Check Detail-ACH (11/18/2022)Page 3 of 34 136 Last Name Acct 1 Amount Check Date Description Amazon 101-1170-4110 15.95 10/18/2022 Garbage Disposal Cleaner Amazon 101-1170-4110 90.06 10/18/2022 BM Coffee Cups PW Multi Purpose Room Amazon 700-0000-4120 5.36 10/18/2022 BM Duratech 4 Way Utilities Key Multi Functional Water Amazon 101-1170-4110 17.50 10/18/2022 Coffee Creamer Amazon 700-7043-4510 89.95 10/18/2022 Paper towels Recycling Bags Kitchen bags Amazon 101-1560-4130 171.93 10/18/2022 Plastic Spoons Bowls Plastic Forks Plastic Knives napkins Amazon 101-1614-4130 48.70 10/18/2022 Round Metallic Mardi Gras Bead Necklaces Orange Amazon 101-1160-4132 234.84 10/18/2022 usb c charging cables and docks Amazon 700-7043-4150 204.54 10/18/2022 Safety Glasses/ Clamp Meter Amazon 101-1160-4134 107.00 10/18/2022 ssd for config files install files matt k Amazon 101-1530-4150 22.99 10/18/2022 Replacement Sprayers for bottles Amazon 700-0000-4120 324.81 10/18/2022 BM Banding Kit Amazon 101-1530-4150 41.02 10/18/2022 Spray Mop Replacement Heads Amazon 101-1220-4290 519.98 10/18/2022 Flooring for Apparatus Bay Amazon 101-1170-4121 328.89 10/18/2022 Office Chair Kate A Amazon 700-0000-4310 39.72 10/18/2022 BM Bluetooth Headsets Amazon 101-1160-4132 108.67 10/18/2022 Keyboard Laptop Sleeve Wireless mouse Amazon 101-1160-4530 17.99 10/18/2022 Replacement cell phone case matt K Amazon 101-1160-4530 198.95 10/18/2022 Spare Microsoft Surface Dock 2 Amazon 101-1160-4132 198.95 10/18/2022 Spare Microsoft Surface Dock 2 Amazon 101-1170-4110 14.99 10/18/2022 Mocha Creamer Bldg Dept Amazon 101-1170-4110 6.93 10/18/2022 envelope moistener Amazon 101-1170-4110 79.16 10/18/2022 Calculator KH Amazon 101-1160-4530 26.00 10/18/2022 WWTP Printer Switch Amazon 700-0000-4150 37.86 10/18/2022 BM Kano Penephite Graphited Pentration Oil Amazon 701-0000-4150 37.86 10/18/2022 BM Kano Penephite Graphited Pentration Oil Amazon 101-1220-4290 9.88 10/18/2022 Power Cord for Lounge TV projecting Continnum Aladtec 5,653.76 10/18/2022 Amazon 13,278.59 American Legion 101-1120-4381 102.54 9/16/2022 Quarterly New Hire Breakfast 102.54 9/16/2022 American Legion 101-1120-4372 105.65 10/18/2022 Intern breakfast American Legion 101-1120-4381 14.81 10/18/2022 Lunch for City County Administrators meeting 120.46 10/18/2022 AP - Check Detail-ACH (11/18/2022)Page 4 of 34 137 Last Name Acct 1 Amount Check Date Description American Legion 223.00 American Planning Association 101-1420-4370 333.55 10/18/2022 APA MN Planning Conference MacKenzie American Planning Association 101-1420-4360 702.00 10/18/2022 Membership American Planning Association 101-1420-4370 411.01 10/18/2022 APA MN Planning Conference Robert Generous 1,446.56 10/18/2022 American Planning Association 1,446.56 American Public Works Association 101-1320-4370 675.00 10/18/2022 AA Winter Maintenance Training for CB Ryan Josh 675.00 10/18/2022 American Public Works Association 675.00 American Water Works Association 700-0000-4370 75.50 10/18/2022 MW AWWA Wastewater Op Cert Exam Prep 75.50 10/18/2022 American Water Works Association 75.50 Apple.com 701-0000-4310 0.49 9/16/2022 BM iCloud Storage Photo Memory Apple.com 700-0000-4310 0.50 9/16/2022 BM iCloud Storage Photo Memory Apple.com 101-1220-4310 0.99 9/16/2022 Apple Storage 1.98 9/16/2022 Apple.com 701-0000-4310 0.49 10/18/2022 BM iCloud Storage Photo Memory Apple.com 700-0000-4310 0.50 10/18/2022 BM iCloud Storage Photo Memory Apple.com 101-1220-4310 0.99 10/18/2022 Apple Storage for work account 1.98 10/18/2022 Apple.com 3.96 Association of MN Emergency Managers 101-1220-4360 100.00 9/16/2022 AMEM Annual Dues - Don Johnson AP - Check Detail-ACH (11/18/2022)Page 5 of 34 138 Last Name Acct 1 Amount Check Date Description 100.00 9/16/2022 Association of MN Emergency Managers 100.00 Barr Engineering Company 700-7025-4300 1,984.50 11/10/2022 Well Rehab Project #3, #4, #11, #15 1,984.50 11/10/2022 Barr Engineering Company 1,984.50 Batteries Plus 700-0000-4120 193.92 10/18/2022 JJ UPS Maintenance 12V Lead 193.92 10/18/2022 Batteries Plus 193.92 Best Buy 101-1160-4133 161.03 10/18/2022 USB port replicators for backups 161.03 10/18/2022 Best Buy 161.03 Bitly, Inc 101-1125-4360 35.00 9/16/2022 Online subscription for short URLs 35.00 9/16/2022 Bitly, Inc 101-1125-4360 35.00 10/18/2022 Online subscription for short URLs 35.00 10/18/2022 Bitly, Inc 70.00 BROADWAY AWARDS 101-1170-4110 19.62 11/17/2022 Magnetic Name Badge 19.62 11/17/2022 AP - Check Detail-ACH (11/18/2022)Page 6 of 34 139 Last Name Acct 1 Amount Check Date Description BROADWAY AWARDS 19.62 Building Materials Outlet 101-1170-4510 407.93 10/18/2022 Door and Materials for New EDM office 407.93 10/18/2022 Building Materials Outlet 407.93 Carver County 101-1210-4505 62,125.50 11/10/2022 2022 Police Contract, 2nd half 2022 Carver County 101-1210-4504 891,564.50 11/10/2022 2022 Police Contract, 2nd half 2022 Carver County 700-1160-4326 650.00 11/10/2022 Carver Fiber - WWTP / W-3, 7, 8 /LS-24 Nov Carver County 101-1160-4326 375.00 11/10/2022 CarverLink Internet / Fiber - Nov 954,715.00 11/10/2022 Carver County 601-0000-4751 57,334.25 11/17/2022 212 Interchanges flashing yellow arrow retrofit signal project 57,334.25 11/17/2022 Carver County 1,012,049.25 Carver County Parks 101-1120-4372 158.00 9/16/2022 Employee Training Shelter 5 Lake Minnewashta Regional Park 158.00 9/16/2022 Carver County Parks 158.00 CCP NI MASTER TENANT 4 LLC 701-0000-4320 1,269.20 11/17/2022 October, 2022 Utilities - 2022-09-01 - 2022-09-30 CCP NI MASTER TENANT 4 LLC 700-7019-4320 1,745.24 11/17/2022 October, 2022 Utilities - 2022-09-01 - 2022-09-30 CCP NI MASTER TENANT 4 LLC 101-1540-4320 349.99 11/17/2022 October, 2022 Utilities - 2022-09-01 - 2022-09-30 CCP NI MASTER TENANT 4 LLC 101-1220-4320 119.14 11/17/2022 October, 2022 Utilities - 2022-09-01 - 2022-09-30 CCP NI MASTER TENANT 4 LLC 101-1600-4320 28.59 11/17/2022 October, 2022 Utilities - 2022-09-01 - 2022-09-30 CCP NI MASTER TENANT 4 LLC 101-1550-4320 373.24 11/17/2022 October, 2022 Utilities - 2022-09-01 - 2022-09-30 CCP NI MASTER TENANT 4 LLC 700-0000-4320 110.27 11/17/2022 October, 2022 Utilities - 2022-09-01 - 2022-09-30 CCP NI MASTER TENANT 4 LLC 101-1350-4320 3,109.05 11/17/2022 October, 2022 Utilities - 2022-09-01 - 2022-09-30 7,104.72 11/17/2022 AP - Check Detail-ACH (11/18/2022)Page 7 of 34 140 Last Name Acct 1 Amount Check Date Description CCP NI MASTER TENANT 4 LLC 7,104.72 CDW Government 101-1160-4530 489.25 9/16/2022 Replacement camera rec center Gym CDW Government 101-1160-4132 229.71 9/16/2022 Spare/On Hand Keyboard/Mouse 718.96 9/16/2022 CDW Government 718.96 Chanhassen Vacuum Sales 101-1190-4530 22.14 10/18/2022 Vacuum Repair Chanhassen Vacuum Sales 101-1220-4530 54.71 10/18/2022 Vacuum Repair Brush Strips and Belt 76.85 10/18/2022 Chanhassen Vacuum Sales 76.85 Chick-Fil-A 101-1110-4372 183.27 9/16/2022 8-8-22 Council meal chick fil-A 183.27 9/16/2022 Chick-Fil-A 101-1110-4372 381.18 10/18/2022 Civic Campus Design Workshop Light Meal 381.18 10/18/2022 Chick-Fil-A 564.45 COMPUTER INTEGRATION TECHN.101-1160-4133 4,840.00 11/17/2022 PW Server Install & Config Services 4,840.00 11/17/2022 COMPUTER INTEGRATION TECHN. 4,840.00 Costco Wholesale 101-1120-4371 141.37 9/16/2022 Potato Chips Pringles Sun Chips Oreo Cookies Bite Size Cooki 141.37 9/16/2022 Costco Wholesale 101-1537-4130 94.70 10/18/2022 Barnyard Boogie Rice Krispi Water Costco Wholesale 101-1180-4300 89.23 10/18/2022 Personal purchase City refunded by Check 5281 AP - Check Detail-ACH (11/18/2022)Page 8 of 34 141 Last Name Acct 1 Amount Check Date Description Costco Wholesale 101-1120-4372 24.99 10/18/2022 Cake for Company Picnic 208.92 10/18/2022 Costco Wholesale 350.29 Country Inn & Suites 101-1220-4381 -118.50 9/16/2022 Credit from disputed charge -118.50 9/16/2022 Country Inn & Suites -118.50 Cub Foods 101-1540-4130 38.97 9/16/2022 Flavor Mix Hot Dog Buns Cub Foods 101-1560-4112 35.94 9/16/2022 Coffee w Cops donuts & rolls Cub Foods 101-1600-4130 15.98 9/16/2022 Donuts Cub Foods 101-1560-4112 29.34 9/16/2022 Bus snacks Red Wing trip Aug 11 Cub Foods 101-1540-4130 4.27 9/16/2022 Dish Soap Cub Foods 101-1540-4130 13.52 9/16/2022 Hot Dog Buns Cub Foods 101-1540-4130 10.49 9/16/2022 Bottled Water Hot Dog Buns Cub Foods 101-1540-4130 39.96 9/16/2022 Cheesy Mix Family Fun Mix Hot Dog Buns Yellow Mustard Cub Foods 101-1540-4130 6.97 9/16/2022 Paper Towels Cub Foods 101-1620-4130 4.19 9/16/2022 Purified Water Cub Foods 101-1540-4130 51.37 9/16/2022 Doritos Cheetos Hot Dog Buns Cub Foods 101-1620-4130 4.19 9/16/2022 Purified Water 255.19 9/16/2022 Cub Foods 101-1540-4130 6.42 10/18/2022 Bags Cub Foods 101-1120-4372 10.00 10/18/2022 Employee Training Water Cub Foods 101-1560-4112 30.60 10/18/2022 Mars Candy Nat Valley Gran Bars New Ulm Day trip Cub Foods 700-0000-4150 7.92 10/18/2022 JG Bags Cub Foods 101-1540-4130 21.63 10/18/2022 Hot Dog Buns Cub Foods 101-1560-4130 28.66 10/18/2022 30th Anniv ice cream supplies Cub Foods 101-1560-4112 83.86 10/18/2022 Aug Coffee Rolls on Plaza food 189.09 10/18/2022 Cub Foods 444.28 CVS 101-1180-4110 3.85 9/16/2022 Coffee Filters for Precinct 2 Coffee Pot AP - Check Detail-ACH (11/18/2022)Page 9 of 34 142 Last Name Acct 1 Amount Check Date Description 3.85 9/16/2022 CVS 3.85 Davanni's 101-1180-4381 127.70 9/16/2022 Primaries Election Judges Meal Precinct 6 Dinner Davanni's 101-1180-4381 127.70 9/16/2022 Primaries election judges meal Precinct 4 dinner Davanni's 101-1180-4381 127.70 9/16/2022 Primaries election judge meal Precinct 2 Dinner Davanni's 101-1180-4381 130.34 9/16/2022 Primaries Election Judges Meals Precinct 2 Lunch Davanni's 101-1180-4381 127.70 9/16/2022 Primaries election judges meal Precinct 1 dinner Davanni's 101-1180-4381 256.39 9/16/2022 Precincts 3 and 5 Lunch Davanni's 101-1180-4381 120.33 9/16/2022 Election judges meals for Public accuracy testing Davanni's 101-1180-4381 238.70 9/16/2022 Primaries election judges dinner precincts 3 and 5 Davanni's 101-1180-4381 130.34 9/16/2022 Primaries Election Judges Meal Precinct 4 lunch Davanni's 101-1180-4381 130.34 9/16/2022 Primaries Election Judges meals Precinct 1 lunch Davanni's 101-1180-4381 130.34 9/16/2022 Primaries Election Judges Meals Precinct 6 Lunch 1,647.58 9/16/2022 Davanni's 101-1110-4372 52.02 10/18/2022 Council Dinner 09 12 22 Pastas Salad Cookies 52.02 10/18/2022 Davanni's 1,699.60 Dell 101-1160-4131 299.00 9/16/2022 Laptop Dock for Finance - Jessica Girard Dell 101-1160-4132 2,089.00 9/16/2022 ArcGIS computer for Engineering (Dennis Tumberg) Dell 101-1160-4131 3,172.00 9/16/2022 Laptop for Utilities (Tim Monnens & Jerry Johnson) Dell 101-1160-4131 1,196.00 9/16/2022 2 for Eng (Interns) 1 for Economic Dev and 1 for a spare Dell 101-1160-4131 1,118.00 9/16/2022 All In One for Engineering Scanner Station Dell 101-1160-4131 934.00 9/16/2022 Laptop for Finance - Jessica Girard Dell 101-1160-4131 1,382.00 9/16/2022 Laptop for Economic Development Manager - Samantha DiMaggio 10,190.00 9/16/2022 Dell 10,190.00 Diamond Vogel, Inc.420-0000-4150 862.50 11/10/2022 Beads, M247 80% AP - Check Detail-ACH (11/18/2022)Page 10 of 34 143 Last Name Acct 1 Amount Check Date Description 862.50 11/10/2022 Diamond Vogel, Inc. 862.50 Domino's Pizza 101-1210-4145 150.10 9/16/2022 Pizza for National Night to Unite Domino's Pizza 101-1616-4130 38.55 9/16/2022 Pizzas 188.65 9/16/2022 Domino's Pizza 101-1220-4112 69.09 10/18/2022 Food ordered for staff held over for EP Active shooter fire call 69.09 10/18/2022 Domino's Pizza 257.74 Doubletree Hotel 101-1120-4381 527.52 9/16/2022 Hotel for Drucker Institute 527.52 9/16/2022 Doubletree Hotel 527.52 Duluth Trading Store 101-1310-4140 103.18 9/16/2022 Ultimate Mobile Desk DEV 103.18 9/16/2022 Duluth Trading Store 103.18 DX Events 101-1534-4356 207.00 9/16/2022 Competition Deposit DX Events 101-1534-4356 207.00 9/16/2022 Dance Competition Deposit 414.00 9/16/2022 DX Events 414.00 Ebay 701-0000-4310 4.45 9/16/2022 JJ Belt Clip for Phone Ebay 701-0000-4120 56.90 9/16/2022 JJ Allen-Bradley 800F-X10 800FX10 Contact Ebay 700-0000-4310 4.44 9/16/2022 JJ Belt Clip for Phone AP - Check Detail-ACH (11/18/2022)Page 11 of 34 144 Last Name Acct 1 Amount Check Date Description Ebay 101-1220-4120 14.33 9/16/2022 CS Yazaki Contact Female Crimp Cable Mount Strip Terminal 80.12 9/16/2022 Ebay 80.12 EMERGENCY AUTOMOTIVE TECH INC 101-1220-4120 642.06 11/10/2022 Flush Mount Super LED Lighthead 642.06 11/10/2022 EMERGENCY AUTOMOTIVE TECH INC 642.06 ESS BROTHERS & SONS INC 720-7207-4150 437.58 11/10/2022 2X3X2 Concrete Adj Ring 437.58 11/10/2022 ESS BROTHERS & SONS INC 437.58 Facebook 101-1534-4375 19.98 10/18/2022 Dance for Fun Advertising 19.98 10/18/2022 Facebook 19.98 FedEx Office 101-1540-4130 442.92 9/16/2022 BW 1S 2Part Paper 442.92 9/16/2022 FedEx Office 442.92 Felling Trailers Inc 101-1550-4120 60.22 9/16/2022 CS Plug 7 Pole RV 82 0 60.22 9/16/2022 Felling Trailers Inc 60.22 Fire Marshals Association of Minnesota 101-1220-4370 165.00 10/18/2022 Fire Marshal Conference -Fatturi AP - Check Detail-ACH (11/18/2022)Page 12 of 34 145 Last Name Acct 1 Amount Check Date Description Fire Marshals Association of Minnesota 101-1220-4370 165.00 10/18/2022 2022 Fire Marshal conference registration Nutter 330.00 10/18/2022 Fire Marshals Association of Minnesota 330.00 Fleet Farm 720-7202-4320 46.16 9/16/2022 Hoses for community gardens 46.16 9/16/2022 Fleet Farm 46.16 Frattallones 101-1220-4290 5.26 10/18/2022 PH All Purpose 5.26 10/18/2022 Frattallones 5.26 Fun Express LLC 101-1614-4130 133.11 10/18/2022 Bulk Wooden Halloween Pencil Bulk Sticky Cats 133.11 10/18/2022 Fun Express LLC 133.11 Gertens 101-1550-4150 849.12 9/16/2022 AB PO Triplet SF 2 5 Gal & Ranger Pro 2 5 Gal 849.12 9/16/2022 Gertens 849.12 Goodwill 101-1616-4130 4.00 9/16/2022 Clothing for Summer Discovery Playground 4.00 9/16/2022 Goodwill 4.00 Government Finance Officers Association 101-1130-4370 135.00 10/18/2022 GFOA Annual GAAP Update - K Grinnell AP - Check Detail-ACH (11/18/2022)Page 13 of 34 146 Last Name Acct 1 Amount Check Date Description 135.00 10/18/2022 Government Finance Officers Association 135.00 GS DIRECT INC 101-1170-4110 776.54 11/17/2022 Ink Cartridges, Maint Kit, Paper - Plotters GS DIRECT INC 101-1170-4110 113.41 11/17/2022 Replacement Cutter Blade - Eng Plotter 889.95 11/17/2022 GS DIRECT INC 889.95 Guthrie Theater 101-1560-4342 265.40 10/18/2022 Dec trip: Christmas Carol at Guthrie Grp Ticket Deposit 265.40 10/18/2022 Guthrie Theater 265.40 Hach Company 700-7019-4160 265.02 9/16/2022 JC EWTP/WWTP Chemicals 265.02 9/16/2022 Hach Company 700-7019-4160 1,520.08 10/18/2022 JC EWTP Chlorine orthophosphate Dissolved iron fluroide Hach Company 700-7019-4160 214.80 10/18/2022 JC EWTP Recycling Program Chemkey Hach Company 700-7019-4160 77.10 10/18/2022 JC EWTP Chemicals 1,811.98 10/18/2022 Hach Company 2,077.00 HANSEN THORP PELLINEN OLSON 400-0000-1155 103.00 11/10/2022 Deer Haven HANSEN THORP PELLINEN OLSON 400-0000-1155 1,390.50 11/10/2022 Lake Place Apartments HANSEN THORP PELLINEN OLSON 400-0000-1155 159.00 11/10/2022 Cunningham 2nd Addition HANSEN THORP PELLINEN OLSON 400-0000-1155 103.00 11/10/2022 Berrospid Addition 1,755.50 11/10/2022 AP - Check Detail-ACH (11/18/2022)Page 14 of 34 147 Last Name Acct 1 Amount Check Date Description HANSEN THORP PELLINEN OLSON 1,755.50 HOISINGTON KOEGLER GROUP 101-1420-4300 1,982.50 11/17/2022 Chanhassen Civic Campus HOISINGTON KOEGLER GROUP 410-4410-4300 2,368.75 11/17/2022 Chanhassen 2022 CIP Implementation 4,351.25 11/17/2022 HOISINGTON KOEGLER GROUP 4,351.25 Home Depot 700-0000-4260 24.38 9/16/2022 BK Tool Bag Gloves Home Depot 701-0000-4150 49.65 9/16/2022 GF Ground Clamp Strap Pipe Cutter Hi-Vis Utility Knife PVC B Home Depot 720-7207-4150 68.42 9/16/2022 Concrete Mix Home Depot 701-0000-4260 24.38 9/16/2022 BK Tool Bag Gloves Home Depot 700-7019-4150 49.65 9/16/2022 GF Ground Clamp Strap Pipe Cutter Hi-Vis Utility Knife PVC B Home Depot 700-7019-4510 18.05 9/16/2022 JC EWTP Buildings Angle Valve & Supply Line Home Depot 701-0000-4260 29.10 9/16/2022 BM Truck 316 Tools Home Depot 700-0000-4260 29.10 9/16/2022 BM Truck 316 Tools 292.73 9/16/2022 Home Depot 101-1550-4150 1,522.79 10/18/2022 AB Treated Lumber Cedar Home Depot 101-1170-4510 229.21 10/18/2022 Casing Pine Flex Tape Plastic Wood Latex Clamping Mitre Home Depot 101-1550-4120 249.37 10/18/2022 AB 8Ft Cedar Round Over Bit Spax WH Home Depot 700-0000-4150 54.53 10/18/2022 CC Natural Cable Ties Home Depot 101-1320-4120 18.78 10/18/2022 RL Heavy Duty Pipe Wrench Home Depot 700-7043-4150 365.98 10/18/2022 MW Impact Wrench/Ear Muffs/Bull point/bit kit Home Depot 101-1170-4510 26.41 10/18/2022 Items for new walls in buildings Home Depot 700-0000-4150 -42.91 10/18/2022 JG Husky 5G Pro Return Home Depot 101-1170-4510 35.47 10/18/2022 Wall Plate Steel Track Low Voltage Wire Home Depot 700-0000-4150 68.68 10/18/2022 JG Husky 12 Gal Pro Duty Tote Home Depot 700-0000-4150 42.91 10/18/2022 JG Husky 5G Pro Home Depot 101-1170-4510 56.89 10/18/2022 Paper Joint Tape Loctite Power Grab Ult Clear Mixing Container Home Depot 700-7043-4150 856.20 10/18/2022 MW WWTP m18 Fuel 18 volt lithium ion battery tool set Hammer spr 3,484.31 10/18/2022 Home Depot 3,777.04 Houlihan's 101-1130-4381 35.01 9/16/2022 Lunch with Audit Firm Houlihan's 101-1120-4381 18.03 9/16/2022 Lunch with Audit Firm AP - Check Detail-ACH (11/18/2022)Page 15 of 34 148 Last Name Acct 1 Amount Check Date Description 53.04 9/16/2022 Houlihan's 53.04 ICMA 101-1120-4360 912.00 9/16/2022 ICMA Membership Fee ICMA 101-1120-4370 630.00 9/16/2022 ICMA Conference Registration Fee 1,542.00 9/16/2022 ICMA 1,542.00 Indoor Landscapes Inc 101-1170-4300 187.00 11/10/2022 November Plant Service 187.00 11/10/2022 Indoor Landscapes Inc 187.00 Innovative Office Solutions LLC 101-1170-4110 105.96 11/10/2022 Pencil, Calendar, Planner, Clip, Paper 105.96 11/10/2022 Innovative Office Solutions LLC 105.96 Internation Assoc of Arson Investigators 101-1220-4360 100.00 10/18/2022 Annual membership renewal IAAI Nutter 100.00 10/18/2022 Internation Assoc of Arson Investigators 100.00 Invasive Plants Association of Wisconsin 720-7202-4370 125.00 10/18/2022 Midwest Invasive species conference 125.00 10/18/2022 Invasive Plants Association of Wisconsin 125.00 Jamf Software, LLC 101-1160-4205 128.00 9/16/2022 Monthly MDM charge for ipads AP - Check Detail-ACH (11/18/2022)Page 16 of 34 149 Last Name Acct 1 Amount Check Date Description 128.00 9/16/2022 Jamf Software, LLC 101-1160-4205 132.00 10/18/2022 Monthly MDM charge for ipads 132.00 10/18/2022 Jamf Software, LLC 260.00 Jimmy Johns 101-1310-4372 99.95 9/16/2022 Lunch for SRA meeting for Charlie Howley 99.95 9/16/2022 Jimmy Johns 99.95 KeeperSecurity.com 101-1160-4205 276.00 9/16/2022 Keeper Security PW Manager 5 User 276.00 9/16/2022 KeeperSecurity.com 276.00 Kenny's Meatball Wagon 101-1120-4372 1,648.19 10/18/2022 Employee Training & Picnic Food 1,648.19 10/18/2022 Kenny's Meatball Wagon 1,648.19 Kwik Trip 101-1806-4130 16.56 9/16/2022 ice & treats Kwik Trip 101-1731-4130 11.16 9/16/2022 Ice 10lb Kwik Trip 700-0000-4170 4.89 9/16/2022 JG Fuel Kwik Trip 101-1806-4130 8.58 9/16/2022 Scipto Ltr EZ Squeeze Kwik Trip 701-0000-4170 4.89 9/16/2022 JG Fuel Kwik Trip 700-0000-4170 10.20 9/16/2022 CC Fuel Kwik Trip 101-1731-4130 13.95 9/16/2022 Ice 10lb Kwik Trip 701-0000-4170 4.43 9/16/2022 JG Fuel Kwik Trip 701-0000-4170 10.21 9/16/2022 CC Fuel Kwik Trip 700-0000-4170 4.42 9/16/2022 JG Fuel Kwik Trip 701-0000-4170 4.64 9/16/2022 JG Fuel Kwik Trip 700-0000-4170 4.65 9/16/2022 JG Fuel AP - Check Detail-ACH (11/18/2022)Page 17 of 34 150 Last Name Acct 1 Amount Check Date Description Kwik Trip 101-1731-4130 5.58 9/16/2022 Ice 10lb 104.16 9/16/2022 Kwik Trip 101-1731-4130 13.95 10/18/2022 Ice Nugget Kwik Trip 101-1120-4372 11.16 10/18/2022 Employee picnic ice 25.11 10/18/2022 Kwik Trip 129.27 Lasercrafting 101-1170-4110 11.50 10/18/2022 Council Chamber Name Plate Samantha DiMaggio 11.50 10/18/2022 Lasercrafting 11.50 League of Minnesota Cities 101-1120-4370 30.00 10/18/2022 LMC Training 2022 Fall Forums 30.00 10/18/2022 League of Minnesota Cities 30.00 Marco Inc 701-0000-4410 101.00 11/10/2022 Konica - EQ1109853, EQ1109884, EQ1109890, EQ1117200 Marco Inc 700-0000-4410 101.00 11/10/2022 Konica - EQ1109853, EQ1109884, EQ1109890, EQ1117200 Marco Inc 720-0000-4410 50.50 11/10/2022 Konica - EQ1109853, EQ1109884, EQ1109890, EQ1117200 Marco Inc 101-1170-4410 757.50 11/10/2022 Konica - EQ1109853, EQ1109884, EQ1109890, EQ1117200 1,010.00 11/10/2022 Marco Inc 1,010.00 Matheson Tri-Gas, Inc.101-1370-4260 424.60 11/10/2022 Oval 3/8 X 3/4 Punch, 13/32 X 25/32 Die 424.60 11/10/2022 Matheson Tri-Gas, Inc. 424.60 AP - Check Detail-ACH (11/18/2022)Page 18 of 34 151 Last Name Acct 1 Amount Check Date Description McMaster-Carr 700-0000-4550 56.40 9/16/2022 JC EWTP Plugs Socket Caps Elbow Pl 56.40 9/16/2022 McMaster-Carr 700-7019-4530 63.25 10/18/2022 "JC EWTP Gaskets Bolt Holes 1/16"" 63.25 10/18/2022 McMaster-Carr 119.65 Menards 700-7043-4550 95.21 9/16/2022 MW WWTP Water System Distilled Water Floor Squeegee Conduit Menards 101-1170-4510 94.23 9/16/2022 Vinyl Tubing Barb Coupling Hose Barb Wrecking Bar Metal Track 189.44 9/16/2022 Menards 101-1170-4530 88.25 10/18/2022 BM Gypsum Lightweight Menards 700-7019-4150 367.38 10/18/2022 JC Maintenance Materials Menards 101-1550-4150 263.17 10/18/2022 GB Plant bed barrier for Library City Hall (Replacement) 300' T 718.80 10/18/2022 Menards 908.24 Merlins Ace Hardware 101-1731-4130 12.87 9/16/2022 Charcoal 8lb Merlins Ace Hardware 101-1731-4130 25.75 9/16/2022 Charcoal 8lb Merlins Ace Hardware 101-1616-4130 51.50 9/16/2022 Charcoal 8lb 90.12 9/16/2022 Merlins Ace Hardware 101-1731-4130 12.87 10/18/2022 Charcoal 8lb 12.87 10/18/2022 MERLINS ACE HARDWARE 700-7043-4120 199.29 11/10/2022 Battery Pack, Sleeve Compressn MERLINS ACE HARDWARE 101-1220-4142 189.90 11/10/2022 Oil Asorbent MERLINS ACE HARDWARE 101-1550-4260 63.57 11/10/2022 Socket Adptr, coarse crimp MERLINS ACE HARDWARE 101-1550-4150 121.65 11/10/2022 Dye Liq Scar, Sprayer Profesion, fastener, Duct Tape MERLINS ACE HARDWARE 700-0000-4120 54.87 11/10/2022 Elbow Nylon, Clip Vinyl Coated, MERLINS ACE HARDWARE 700-7043-4150 12.75 11/10/2022 Cap Pvc sch40, Fasteners MERLINS ACE HARDWARE 700-0000-4140 37.62 11/10/2022 Vinyl Adv MERLINS ACE HARDWARE 700-7043-4510 15.98 11/10/2022 Caulk Dflex230 AP - Check Detail-ACH (11/18/2022)Page 19 of 34 152 Last Name Acct 1 Amount Check Date Description MERLINS ACE HARDWARE 701-0000-4551 7.77 11/10/2022 Composite Shims 8" MERLINS ACE HARDWARE 101-1220-4290 12.98 11/10/2022 Vinegar White, Cylinder MERLINS ACE HARDWARE 700-0000-4530 26.34 11/10/2022 Box Handy, Cover Box Sgle MERLINS ACE HARDWARE 700-7019-4510 6.99 11/10/2022 Battery Alkaline MERLINS ACE HARDWARE 101-1320-4120 60.11 11/10/2022 Carb & Choke Clnr, Enzyme Fuel Treatment, Stripper Disk MERLINS ACE HARDWARE 101-1550-4120 16.57 11/10/2022 Connection Link, Bit Drill MERLINS ACE HARDWARE 601-6049-4300 45.54 11/10/2022 Mailbox Rural T1Elite blk, construction lag screw 871.93 11/10/2022 MERLINS ACE HARDWARE 974.92 Metropolitan Council Enviromental Services 701-0000-4509 20,000.00 10/18/2022 MCES WW Services Oct 2022 20,000.00 10/18/2022 Metropolitan Council Enviromental Services 20,000.00 Metropolitan Council, Env Svcs 701-0000-2023 7,455.00 11/17/2022 October, 2022 SAC Metropolitan Council, Env Svcs 101-1250-3816 -74.55 11/17/2022 October, 2022 SAC 7,380.45 11/17/2022 Metropolitan Council, Env Svcs 7,380.45 Minn Fire Svc Cert Board 101-1220-4360 750.00 10/18/2022 Certification renewal for firefighters 2022 750.00 10/18/2022 Minn Fire Svc Cert Board 750.00 Minnesota GIS Lis Consort 101-1311-4370 410.00 10/18/2022 Annual Conference Dennis Tumberg 410.00 10/18/2022 Minnesota GIS Lis Consort 410.00 MINNESOTA OCCUPATIONAL HEALTH 101-1550-4300 64.00 11/10/2022 Federal Drug Screen - John Wickenhauser AP - Check Detail-ACH (11/18/2022)Page 20 of 34 153 Last Name Acct 1 Amount Check Date Description MINNESOTA OCCUPATIONAL HEALTH 700-0000-4300 32.00 11/10/2022 Federal Drug Screen - William Kistner MINNESOTA OCCUPATIONAL HEALTH 101-1320-4300 64.00 11/10/2022 Federal Drug Screen - Patrick Maczko MINNESOTA OCCUPATIONAL HEALTH 701-0000-4300 32.00 11/10/2022 Federal Drug Screen - Charles Chihos MINNESOTA OCCUPATIONAL HEALTH 701-0000-4300 32.00 11/10/2022 Federal Drug Screen - William Kistner MINNESOTA OCCUPATIONAL HEALTH 700-0000-4300 32.00 11/10/2022 Federal Drug Screen - Charles Chihos MINNESOTA OCCUPATIONAL HEALTH 101-1550-4300 105.00 11/10/2022 Federal Drug Screen - Joshua Hargrove 361.00 11/10/2022 MINNESOTA OCCUPATIONAL HEALTH 361.00 Minnesota Pump Works 701-0000-4553 3,376.28 11/17/2022 Service Call to assist with piping issues in forcemain 3,376.28 11/17/2022 Minnesota Pump Works 3,376.28 Minnesota Rural Water Association 700-0000-4370 150.00 10/18/2022 CC Minnesota Rural Water Association Training Minnesota Rural Water Association 700-0000-4370 150.00 10/18/2022 GF Greg Minnesota Rural Water Association Minnesota Rural Water Association 700-0000-4370 150.00 10/18/2022 GF Joey Minnesota Rural Water Association Minnesota Rural Water Association 700-0000-4370 150.00 10/18/2022 JJ Minnesota Rural Water Association Training Minnesota Rural Water Association 700-0000-4370 150.00 10/18/2022 JC Training Minnesota Rural Water Association Expo Registration 750.00 10/18/2022 Minnesota Rural Water Association 750.00 Minnesota Trophies & Gifts 101-1613-4130 11.00 9/16/2022 4th of July Celebration medallion 2 11.00 9/16/2022 Minnesota Trophies & Gifts 11.00 MN Board of AELSLAGID 101-1310-4360 152.50 9/16/2022 PE Registration Dues 152.50 9/16/2022 AP - Check Detail-ACH (11/18/2022)Page 21 of 34 154 Last Name Acct 1 Amount Check Date Description MN Board of AELSLAGID 152.50 MN DEPT OF LABOR AND INDUSTRY 101-1250-3818 -46.10 11/17/2022 October, 2022 Building Permit MN DEPT OF LABOR AND INDUSTRY 101-0000-2022 2,304.18 11/17/2022 October, 2022 Building Permit 2,258.08 11/17/2022 MN DEPT OF LABOR AND INDUSTRY 2,258.08 MN Government Finance Officers Association 101-1130-4370 230.00 9/16/2022 MNGFOA Annual Conf Reg - K Grinnell 230.00 9/16/2022 MN Government Finance Officers Association 101-1130-4370 20.00 10/18/2022 MNGFOA Int Govt Acct Reg K Hiivala MN Government Finance Officers Association 101-1130-4370 20.00 10/18/2022 MNGFOA Beg Govt Acct Reg J Girard MN Government Finance Officers Association 101-1130-4370 230.00 10/18/2022 MNGFOA Annual Conf Reg D Washburn MN Government Finance Officers Association 101-1130-4370 20.00 10/18/2022 MNGFOA Adv Govt Acct Reg A McGovern MN Government Finance Officers Association 101-1130-4370 20.00 10/18/2022 MNGFOA Int Govt Acct Reg A McGovern 310.00 10/18/2022 MN Government Finance Officers Association 540.00 MN VALLEY ELECTRIC COOP 700-0000-4320 140.46 11/10/2022 Hwy 101/Pionr Trl Signl MN VALLEY ELECTRIC COOP 101-1600-4320 32.93 11/10/2022 Hwy 101/Pionr Trl Signl MN VALLEY ELECTRIC COOP 101-1350-4320 97.15 11/10/2022 2151 Lyman Blvd MN VALLEY ELECTRIC COOP 101-1350-4320 211.04 11/10/2022 Bluff Crk Blvd Lights MN VALLEY ELECTRIC COOP 701-0000-4320 415.97 11/10/2022 Hwy 101/Pionr Trl Signl MN VALLEY ELECTRIC COOP 101-1350-4320 37.65 11/10/2022 96th St & St. Hwy 101 Lights MN VALLEY ELECTRIC COOP 101-1350-4320 5,582.75 11/10/2022 Hwy 101/Pionr Trl Signl MN VALLEY ELECTRIC COOP 101-1350-4320 30.64 11/10/2022 Bluff Crk & Audubon Rd 6,548.59 11/10/2022 MN VALLEY ELECTRIC COOP 101-1350-4320 289.77 11/17/2022 Monthly Service - County Rd 61 & St Hwy 101 Lights 289.77 11/17/2022 AP - Check Detail-ACH (11/18/2022)Page 22 of 34 155 Last Name Acct 1 Amount Check Date Description MN VALLEY ELECTRIC COOP 6,838.36 Monoprice.com 101-1170-4121 322.10 10/18/2022 standing desk for Jessica and Rick R 322.10 10/18/2022 Monoprice.com 322.10 NAPA AUTO & TRUCK PARTS 101-1550-4120 55.13 11/10/2022 Oil Filter, Grommet NAPA AUTO & TRUCK PARTS 101-1550-4120 52.66 11/10/2022 Oil Filter, Fuel Filter NAPA AUTO & TRUCK PARTS 701-0000-4120 117.95 11/10/2022 Oil Filter, Air Filter NAPA AUTO & TRUCK PARTS 101-1250-4140 67.08 11/10/2022 Shock Absorber NAPA AUTO & TRUCK PARTS 101-1250-4140 8.88 11/10/2022 Oil Filter NAPA AUTO & TRUCK PARTS 101-1220-4140 3.60 11/10/2022 Grommet 305.30 11/10/2022 NAPA AUTO & TRUCK PARTS 305.30 National Mahjongg League 101-1560-4130 60.00 10/18/2022 Sept Mah Jongg Class workbooks 60.00 10/18/2022 National Mahjongg League 60.00 Network Solutions 101-1160-4201 261.93 10/18/2022 Domain Name Registration Renewal chn mn 261.93 10/18/2022 Network Solutions 261.93 Nicollet County Historial Society 101-1560-4342 230.00 10/18/2022 Museum entrance tickets New Ulm day trip 230.00 10/18/2022 Nicollet County Historial Society 230.00 AP - Check Detail-ACH (11/18/2022)Page 23 of 34 156 Last Name Acct 1 Amount Check Date Description North American Safety, Inc.101-1320-4240 222.40 11/17/2022 Zipper Safety Vest 222.40 11/17/2022 North American Safety, Inc. 222.40 Northern Tool+Equipment 101-1550-4120 59.96 9/16/2022 GB Work Gloves (Restock) 59.96 9/16/2022 Northern Tool+Equipment 701-0000-4140 435.44 10/18/2022 GF Engine Hoist SAE Ratcheting Metric Large Hex Bit 435.44 10/18/2022 Northern Tool+Equipment 495.40 Northside Grill 101-1120-4381 22.30 9/16/2022 Monthly County Adminstrator Lunch Meeting 22.30 9/16/2022 Northside Grill 22.30 NYSTROM PUBLISHING COMPANY INC 101-1170-4110 889.04 11/10/2022 City Letterhead 889.04 11/10/2022 NYSTROM PUBLISHING COMPANY INC 889.04 Occupational Safety and Health Adminstration 701-0000-4370 19.50 9/16/2022 BM Water Cert Hazwoper 8-Hour Refresher Occupational Safety and Health Adminstration 700-0000-4370 30.99 9/16/2022 BM Water & Sewer Training Occupational Safety and Health Adminstration 700-0000-4370 39.00 9/16/2022 JG Hazwoper 8 Hour Refresher Occupational Safety and Health Adminstration 700-0000-4370 39.00 9/16/2022 BK Training Hazwoper 8hr Refresher Occupational Safety and Health Adminstration 700-0000-4370 19.50 9/16/2022 BM Water Cert Hazwoper 8-Hour Refresher 147.99 9/16/2022 Occupational Safety and Health Adminstration 147.99 AP - Check Detail-ACH (11/18/2022)Page 24 of 34 157 Last Name Acct 1 Amount Check Date Description Office Max/Office Depot 101-1180-4110 19.31 9/16/2022 Election Supplies - Poly Snap Doc Office Max/Office Depot 101-1180-4110 61.69 9/16/2022 Index Tabs for Filing Books Wipes/Sanitizer 81.00 9/16/2022 Office Max/Office Depot 81.00 Party City 101-1614-4130 27.92 10/18/2022 Orange Plastic Table Cover Black Table cover 27.92 10/18/2022 Party City 27.92 Pizza Ranch 101-1560-4342 537.97 10/18/2022 New Ulm trip group buffet lunch 537.97 10/18/2022 Pizza Ranch 537.97 Postmaster 700-0000-4330 9.05 9/16/2022 AA Quality Flow Return Postmaster 700-0000-4330 5.10 9/16/2022 AA Mail Water Samples 14.15 9/16/2022 Postmaster 101-1160-4530 11.75 10/18/2022 shipping for camera warranty repair 11.75 10/18/2022 Postmaster 25.90 Potbelly Sandwich Shop 101-1110-4372 42.19 10/18/2022 Council Dinner Sides0 8 22 22 meeting Potbelly Sandwich Shop 101-1110-4372 118.78 10/18/2022 Council Dinner Sandwiches Salads 08 22 22 Meeting 160.97 10/18/2022 Potbelly Sandwich Shop 160.97 Potentia MN Solar 101-1170-4320 3,238.99 11/17/2022 Monthly Service - 2022-09-01 - 2022-09-30 AP - Check Detail-ACH (11/18/2022)Page 25 of 34 158 Last Name Acct 1 Amount Check Date Description Potentia MN Solar 101-1190-4320 4,209.45 11/17/2022 Monthly Service - 2022-09-01 - 2022-09-30 Potentia MN Solar 700-0000-4320 2,252.62 11/17/2022 Monthly Service - 2022-09-01 - 2022-09-30 9,701.06 11/17/2022 Potentia MN Solar 9,701.06 PRAIRIE RESTORATIONS INC 720-7202-4300 1,595.00 11/10/2022 Hazeltine Woods Buckthorn Mgmt PRAIRIE RESTORATIONS INC 720-7202-4300 1,015.31 11/10/2022 Minn Pkwy retaining Wall Veg Mgmt 2,610.31 11/10/2022 PRAIRIE RESTORATIONS INC 2,610.31 PRECISE MRM LLC 101-1320-4300 273.00 11/10/2022 2022-09 Subscription 273.00 11/10/2022 PRECISE MRM LLC 273.00 Premium Waters, Inc 101-1550-4120 4.00 11/10/2022 Monthly Service Fee - Nov 4.00 11/10/2022 Premium Waters, Inc 4.00 Rent N Save Portable Services 101-1550-4410 5,495.20 11/10/2022 September, 2022 Portable Restrooms 5,495.20 11/10/2022 Rent N Save Portable Services 5,495.20 Ruby's Roost 101-1600-4130 11.66 9/16/2022 ERROR personal charge Turned reimbursement check in to finance 1 11.66 9/16/2022 AP - Check Detail-ACH (11/18/2022)Page 26 of 34 159 Last Name Acct 1 Amount Check Date Description Ruby's Roost 11.66 Sam's Club 101-1560-4112 135.22 9/16/2022 Mars miniatures Cinn Oat BelVita MM Bites Cups 135.22 9/16/2022 Sam's Club 101-1560-4300 164.29 10/18/2022 Aug 30 Open House ice cream supplies 164.29 10/18/2022 Sam's Club 299.51 Shebird 101-1120-4300 73.00 9/16/2022 Mistaken Charge - Refunded next cycle 73.00 9/16/2022 Shebird 101-1120-4300 -68.00 10/18/2022 Refund of mistaken transaction -68.00 10/18/2022 Shebird 5.00 Sherwin-Williams 101-1170-4510 79.74 10/18/2022 Poly Knot 4 X 3/4 Wire Roller Angle Sash Handy tube Seal 79.74 10/18/2022 Sherwin-Williams 79.74 Sprinkler Warehouse 101-1550-4151 1,357.34 10/18/2022 GB Irrigation Heads and Fittings (Repairs) 1,357.34 10/18/2022 Sprinkler Warehouse 1,357.34 St. James Hotel 101-1560-4342 1,436.00 10/18/2022 Lunch Red Wing Trip Meals Taxes Gratuities 1,436.00 10/18/2022 AP - Check Detail-ACH (11/18/2022)Page 27 of 34 160 Last Name Acct 1 Amount Check Date Description St. James Hotel 1,436.00 Stratoguard, LLC 101-1160-4205 221.76 9/16/2022 Email Filter Service Aug 221.76 9/16/2022 Stratoguard, LLC 101-1160-4205 221.76 10/18/2022 Email Filter Service Sept 221.76 10/18/2022 Stratoguard, LLC 443.52 Summit Mechanical Service 700-0000-4550 200.00 9/16/2022 BM Leaking Meter Horn Diagnostic/Assesment Analysis and Replace 200.00 9/16/2022 Summit Mechanical Service 200.00 Survey Supply Inc 701-0000-4150 409.34 9/16/2022 Green Marking Paint Survey Supply Inc 700-0000-4150 748.24 9/16/2022 JC Blue Marking Paint Survey Supply Inc 101-1350-4150 205.99 9/16/2022 Red Marking Paint 1,363.57 9/16/2022 Survey Supply Inc 1,363.57 Target 101-1731-4130 35.54 9/16/2022 Cheez-it Baked Snack Crackers SkinnyPop Popcorn Chocolate Mors Target 101-1600-4130 42.57 9/16/2022 Fruit Snacks Dots M&M's Starburst Oreo Pasta Tennis Ball Target 101-1616-4130 8.59 9/16/2022 Sun Squad Target 101-1616-4130 105.80 9/16/2022 Cheez-it Baked Snack Crackers SkinnyPop Popcorn Target 101-1616-4130 5.90 9/16/2022 Iodized Salt Target 101-1616-4130 60.72 9/16/2022 Mini Marshmallows Chocolate Morsels Pretzel Rods Target 101-1731-4130 -4.19 9/16/2022 Reddi-Wip Whipped cream - Return Target 101-1616-4130 13.95 9/16/2022 Pancake & Waffle Mix Target 101-1616-4130 55.00 9/16/2022 Pretzel Roads Mini Marshmallows Chocolate Morsels Target 101-1616-4130 8.55 9/16/2022 A&W Root Beer Sprite Target 101-1616-4130 5.28 9/16/2022 Whipped Plain Cream Cheese Blueberries Target 101-1616-4130 10.63 9/16/2022 Toilet Paper Target 101-1616-4130 26.34 9/16/2022 Oreo Chocolate Sandwich Cookies AP - Check Detail-ACH (11/18/2022)Page 28 of 34 161 Last Name Acct 1 Amount Check Date Description Target 101-1616-4130 10.58 9/16/2022 Skinnypop popcorn Target 101-1616-4130 11.05 9/16/2022 Ziploc Sandwich Bags Target 101-1731-4130 52.43 9/16/2022 Dry Erase Board Whipped Cream Blueberries Lemonade Target 101-1731-4130 54.91 9/16/2022 soap for Lake Ann Camp slip-n-slide Target 101-1616-4130 10.58 9/16/2022 Skinnypop popcorn Target 101-1731-4130 8.55 9/16/2022 A&W Root Beer Sprite Target 101-1616-4130 14.08 9/16/2022 Frito Lays Water Target 101-1530-4130 5.32 9/16/2022 Markers Target 101-1616-4130 7.51 9/16/2022 Skittles Family Size Target 101-1616-4130 3.19 9/16/2022 Toilet Paper Target 101-1616-4130 55.16 9/16/2022 Flour Tortillas M&M's Nonstick Canola Red Plastic Cups Paper Target 101-1180-4110 10.64 9/16/2022 Purell Ziploc Target 101-1616-4130 1.95 9/16/2022 Golden Sweet Whole Kernel Corn Target 101-1731-4130 88.26 9/16/2022 Paper plates Plain Cream Cheese Blueberries Whipped Cream Fl Target 101-1731-4130 34.76 9/16/2022 Ziploc Target 101-1731-4130 79.76 9/16/2022 Color Mix Balloons Disposable Tableware Disposable Bowls Target 101-1616-4130 9.50 9/16/2022 Spaghetti 16 oz Target 101-1616-4130 31.13 9/16/2022 Electric Air Inflator for Latex Balloon Target 101-1600-4130 9.63 9/16/2022 Capri Sun Target 101-1616-4130 10.77 9/16/2022 Snyders of Hanover Pretzels Rods Target 101-1616-4130 31.13 9/16/2022 Electric Air Inflator for Latex Balloon Target 101-1616-4130 58.19 9/16/2022 Skinnypop Popcorn Cheez-it Baked Snacks Target 101-1616-4130 54.43 9/16/2022 Paper Towels Ground Cinnamon Plain Cream Cheese Bar Whipped C Target 101-1180-4110 -3.99 9/16/2022 Return Hand Sanitizer Target 101-1616-4130 14.06 9/16/2022 Smartly Disp Mondo Llama 1,038.26 9/16/2022 Target 701-0000-4240 23.38 10/18/2022 GF Hefty ziplock Tide Target 101-1731-4130 18.01 10/18/2022 Reddi Wip Sunkist Orange A&W Root beer Target 101-1110-4375 3.20 10/18/2022 sympathy greeting card and baby greeting card Target 101-1170-4110 39.72 10/18/2022 Decorative Wall Shelf White Target 101-1220-4290 100.37 10/18/2022 Core Innovtion DEC Hooks Target 101-1120-4372 62.66 10/18/2022 Employee picnic Water Dr Pepper Coke Mtn Dew Target 700-0000-4240 23.39 10/18/2022 GF Hefty ziplock Tide 270.73 10/18/2022 Target 1,308.99 Tessco 701-0000-4120 415.36 9/16/2022 "JJ N Male Hex/Knurl 1/2"" N Male LDF4/HL4/AL4 LMR-400 Cable AP - Check Detail-ACH (11/18/2022)Page 29 of 34 162 Last Name Acct 1 Amount Check Date Description 415.36 9/16/2022 Tessco 415.36 The Institute of Cultural 101-1420-4370 950.00 10/18/2022 training Top Facilitation methods 950.00 10/18/2022 The Institute of Cultural 950.00 TJ Office Furniture 101-1170-4121 171.79 9/16/2022 EDM office floor mat TJ Office Furniture 101-1123-4121 1,600.00 9/16/2022 Office Furniture for EDM 1,771.79 9/16/2022 TJ Office Furniture 1,771.79 True North Controls 701-0000-4120 493.00 9/16/2022 JJ Antenna Bracket Mount Connector 493.00 9/16/2022 True North Controls 700-0000-4370 75.00 10/18/2022 JJ Engineering 4RF SRi Radio Training True North Controls 701-0000-4370 75.00 10/18/2022 JJ Engineering 4RF SRi Radio Training 150.00 10/18/2022 True North Controls 643.00 U of M Contlearning 101-1170-4370 145.00 9/16/2022 Pesticide License 145.00 9/16/2022 U of M Contlearning 145.00 Uline.com 720-7201-4130 296.26 10/18/2022 adopt a park trash clean up supplies AP - Check Detail-ACH (11/18/2022)Page 30 of 34 163 Last Name Acct 1 Amount Check Date Description 296.26 10/18/2022 Uline.com 296.26 US Bank Rebate 101-1130-3903 -1,723.29 10/18/2022 US Bank Rebate -1,723.29 10/18/2022 US Bank Rebate -1,723.29 USA BLUE BOOK 700-0000-4150 173.48 11/10/2022 Hydrant Out-of-Service Marker 173.48 11/10/2022 USA BLUE BOOK 173.48 USABlueBook 700-7043-4160 956.52 9/16/2022 MW WWTP Chemicals 956.52 9/16/2022 USABlueBook 700-7019-4120 48.57 10/18/2022 JC Equipment Hydrant Out of Service Markers USABlueBook 700-7019-4120 171.95 10/18/2022 JC Equip Materials Gil Hydrant Diffuser 220.52 10/18/2022 USABlueBook 1,177.04 USSSA 101-1767-4130 80.00 10/18/2022 Umpire USSSA registration 80.00 10/18/2022 USSSA 80.00 Viking Electric Supply 701-0000-4120 198.72 9/16/2022 JJ Bracket Mount Antenna Connector 198.72 9/16/2022 AP - Check Detail-ACH (11/18/2022)Page 31 of 34 164 Last Name Acct 1 Amount Check Date Description Viking Electric Supply 198.72 Wal-Mart 101-1220-4144 228.86 9/16/2022 hand outs for Night to Unite fire trucks 228.86 9/16/2022 Wal-Mart 101-1560-4300 27.67 10/18/2022 30th Anniv ice cream supplies 27.67 10/18/2022 Wal-Mart 256.53 Water Conservation Services, Inc.700-0000-4550 371.88 11/17/2022 leak locate - Sept 30, 2022 371.88 11/17/2022 Water Conservation Services, Inc. 371.88 Wesco 701-0000-4551 137.03 9/16/2022 JJ A-BS 800FM-SM32MX20 22MM Selector 137.03 9/16/2022 Wesco 137.03 WM MUELLER & SONS INC 701-0000-4551 113.93 11/10/2022 1/2 Wear 6.2% WM MUELLER & SONS INC 701-0000-4150 140.00 11/10/2022 Lundquist Cy WM MUELLER & SONS INC 700-0000-4150 84.00 11/10/2022 Lundquist Cy WM MUELLER & SONS INC 701-0000-4150 84.00 11/10/2022 Lundquist Cy WM MUELLER & SONS INC 700-0000-4150 140.00 11/10/2022 Lundquist Cy 561.93 11/10/2022 WM MUELLER & SONS INC 420-0000-4150 244.59 11/17/2022 1/4" Sand WM MUELLER & SONS INC 701-0000-4150 80.00 11/17/2022 Lundquist CY WM MUELLER & SONS INC 700-0000-4150 80.00 11/17/2022 Lundquist CY 404.59 11/17/2022 AP - Check Detail-ACH (11/18/2022)Page 32 of 34 165 Last Name Acct 1 Amount Check Date Description WM MUELLER & SONS INC 966.52 WorkTraining.Com 101-1120-4370 35.00 9/16/2022 Reasonable Suspicion Online Training - Admin costs WorkTraining.Com 101-1220-4370 493.00 9/16/2022 Reasonable Suspicion Online Training - Fire costs 528.00 9/16/2022 WorkTraining.Com 528.00 WSB & ASSOCIATES INC 720-0000-4300 3,000.00 11/10/2022 SWAMP Subscriptions WSB & ASSOCIATES INC 700-0000-4300 1,957.00 11/10/2022 WTP Radon and Humidity Mitigation Study WSB & ASSOCIATES INC 420-1310-4546 782.75 11/10/2022 2022 Annual Pavement Inspection 5,739.75 11/10/2022 WSB & ASSOCIATES INC 101-1311-4306 260.00 11/17/2022 2022 GIS/AMS Support Services 260.00 11/17/2022 WSB & ASSOCIATES INC 5,999.75 XCEL ENERGY INC 101-1350-4320 22,548.14 11/10/2022 Signal Lights, Street Lights, Lights, Traffic Signal XCEL ENERGY INC 101-1600-4320 56.48 11/10/2022 Park Shelter 22,604.62 11/10/2022 XCEL ENERGY INC 700-0000-4320 136.56 11/17/2022 Monthly Service - 6431 Hazeltine Blvd XCEL ENERGY INC 101-1600-4320 26.35 11/17/2022 Monthly Service - 7599 Minnewashta Pkwy XCEL ENERGY INC 101-1350-4320 29.27 11/17/2022 Monthly Service - 9000 Audubon Rd Unit Signal XCEL ENERGY INC 101-1350-4320 7.47 11/17/2022 Monthly Service - 1532 Lyman Blvd 199.65 11/17/2022 XCEL ENERGY INC 22,804.27 Zoom 101-1160-4207 85.90 9/16/2022 Monthly Zoom Webinar charge Rec Center/Admin 85.90 9/16/2022 AP - Check Detail-ACH (11/18/2022)Page 33 of 34 166 Last Name Acct 1 Amount Check Date Description Zoom 101-1160-4207 85.90 10/18/2022 Monthly Zoom Webinar charge Rec Center Admin 85.90 10/18/2022 Zoom 171.80 1,194,311.47 AP - Check Detail-ACH (11/18/2022)Page 34 of 34 167 City Council Item November 28, 2022 Item Approve Request to Extend Variance 2021-20 for PID 25.0080200 File No.Item No: E.6 Agenda Section CONSENT AGENDA Prepared By MacKenzie Young-Walters, Associate Planner Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council approves a one-year extension to Variance 2021-20." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY Due to delays associated with a Carver County offer to purchase the parcel (a portion of the peninsula in Lake Minnewashta accessed off of Arboretum Boulevard) , Mr. and Ms. Papke were not able to act on their variance within one year of its approval by the Planning Commission. They are requesting that the City Council grant them an additional year to start construction on the approved driveway. BACKGROUND On October 19, 2021, the Chanhassen Planning Commission voted unanimously to grant a wetland accessory structure buffer setback variance for the extension of a driveway, subject to the amended Conditions of Approval, and denied the requested wetland minimum buffer width and wetland principal structure setback variances, and adopted amended Findings of Facts and Decision. A copy of the staff report, variance document, findings of fact, and meeting minutes associated with the variance request are provided for reference as attachments to this item. 168 DISCUSSION All variances, save those approved in conjunction with platting, have a condition required by the City Code stating that they expire one year after being approved unless substantial action has been taken. The City Council recently passed an ordinance allowing for the City Council to approve the extension of a variance to accommodate unusual or extenuating circumstances that have prevented a property owner from starting construction within the initial year. The presumption is that in these cases if the variance instead expired, the applicant would apply for the same variance and same variance would again be granted. Extending the variance thus allows property owners to avoid the time and expense associated with a new variance request in situations where there have been no changes to the facts of the case or underlying ordinances. In this case, the applicant has stated that the delays associated with Carver County's offer to purchase the parcel prevented them from beginning construction on the driveway within the stipulated year. They have stated that they intend to begin construction this year, but would like to request a full year extension to ensure they complete the project. Staff believes that this type of atypical situation justifies the requested extension, and notes that no element of the City Code relevant to the requested variance has been amended since the variance was issued. Additionally, staff is unaware of any new facts or developments that would alter the City's previous approval of the variance. BUDGET RECOMMENDATION Staff recommends that the City Council grant the one-year extension to Variance 2021-20. ATTACHMENTS Papke Extension Request PC Staff Report Variance - Recorded Findings of Fact and Decision - Partial Approval PC Minutes 169 1 Young-Walters, MacKenzie Subject:FW: Variance 2021-20 for PID 25.0080200 From: Deb Papke <dpapke54@gmail.com> Sent: Wednesday, September 14, 2022 12:55 PM To: Young-Walters, MacKenzie <mwalters@chanhassenmn.gov> Cc: jjpapke@gmail.com Subject: Request for Extension of Variance 2021-20 for PID 25.0080200 As per your email we are formally requesting an extension on our variance 2021-20 for PID 25.0080200. We originally applied for this variance in July, 2021 and were hoping to begin building in late 2021. However, the variance process took longer than anticipated and it was not granted until October 19, 2021. We then immediately began moving forward with the requirements contained on the variance. By early 2022 we had completed many of these items and were preparing to apply for a building permit. Then in March, 2022 we were approached by Eric Johnson from Bolton Menk representing MnDot and Carver County to see if we would be willing to begin a process to possibly sell the property to them. This process however took much longer than they initially projected to us. At our last conversation with Eric Johnson, September, 2022, we realized that the proposed purchase would not happen for a long time, if ever, and it decided the best alternative would be to build on the property. Mr. Johnson verified that there is no approved project for Highway 5 in the areas adjacent to our property. Had we not been approached by MnDOt/Carver County we were anticipating completing the build in 2022. For these reasons we are requesting an extension to our variance. We are now in the process of rebidding the project to the builder as the original bid is no longer valid. We plan to apply for the building permit yet this fall and will move forward with the build as soon as the variance extension and building permits are approved. We would like the variance to be extended for 12 month which will allow us to complete the project. Sincerely, Debra and Jeffrey Papke 170 Planning Commission Item October 19, 2021 Item Consider a Request for Wetland Buffer Averaging, Wetland Setback Variances, Yard Setback Variances, and Other Variances for the Construction of a Single- Family Home, Septic System, and Driveway, PID 25.0080200 File No.Planning Case No. 2021-20 Item No: B.4 Agenda Section PUBLIC HEARINGS Prepared By MacKenzie Young-Walters, Associate Planner Applicant Jeff and Deb Papke Present Zoning Rural Residential District (RR) Land Use Residential Low Density Acerage 2.12 Density NA Applicable Regulations Chapter 1, Section 1-2, Rules of Construction and Definitions Chapter 20, Article II, Division 3. Variances Chapter 20, Article II, Division 4. Nonconforming Uses Chapter 20, Article VI. Wetland Protection Chapter 20, Article VII. Shoreland Management District. Chapter 20, Article XI, “RR” Rural Residential Districts. Chapter 20, Article XXIII, Section 20-905. Single-Family Dwellings Chapter 20, Article XXIV, Division 2, Section 20-1122. Access and Driveways PROPOSED MOTION The Chanhassen Board of Appeals and Adjustments approves the wetland accessory structure buffer setback variance for the extension of a driveway, subject to the Conditions of Approval, and denies the requested wetland minimum buffer width and wetland principal structure setback variances, and adopts the attached Findings of Facts and Decision. 146171 SUMMARY The applicant is proposing to construct a single-family home on a peninsula in Lake Minnewashta. Due the presence of wetlands around the peninsula, they are requesting a variance from the City’s wetland buffering requirements to permit the use of buffer averaging and from the City’s principal and accessory structure wetland buffer setback requirements to allow for the proposed home placement and design. BACKGROUND Parcel On December 14, 1992, Ordinance 180 was passed amending the entirety of the City’s wetland protection ordinance, including amending Sec. 20-405(1) to read “Septic and soil absorption system must be setback a minimum of one hundred fifty (150) feet from ordinary high water mark of the wetland.” This meant that the parcel could not be built on without a variance. On October 10, 1993, Mr. Papke applied for a variance to place a septic system 75’ from the wetland’s ordinary high water level (OHWL). At that time, City Code required a 150’ setback. On November 22, 1993, the Board of Appeals and Adjustments moved to table the requested variance citing a need for additional information. On December 13, 1993, the Board of Appeals and Adjustments voted unanimously to deny the variance request. On January 10, 1994, the City Council heard an appeal of the denial and voted 4-1 to direct the City Attorney to prepare Findings of Fact supporting the denial of the variance. On January 24, 1994, the City Council adopted the Findings of Fact supporting the denial of the variance request. The finding supported denial by stating: 1. Property can be developed without a variance by connecting to City sewer. 2. No unique factor of property justifying a variance. 3. Only purpose of variance was to avoid the cost of connecting to City sewer. 4. Poor soils mean the septic had a high chance of failure, and a failed septic system close to Lake Minnewashta would cause significant harm to the lake. On March 10, 1994, the City received a letter from an attorney representing Mr. Papke requesting that the City either grant the requested variance or purchase the property at fair market value. On April 25, 1994, Ordinance 202 was passed amending Sec. 20-405(1) to read “Septic and soil absorption system must be setback a minimum of seventy-five (75) feet from the ordinary high water mark of the wetland.” This meant that the property was buildable without the need for a variance. On May 29, 2001, Ordinance 320 was passed establishing principal and accessory structure setbacks from wetland buffers. This meant that due to driveways technically being accessory structures, a variance would be required to build on the property. On June 24, 2021, Mr. Papke met with staff to go over what would be needed to apply for a variance to 147172 build on his property. Staff explained the process and what documentation would be required. On July 13, 2021, Mr. Papke met with staff to verify that he had the necessary documents to apply for a variance by the July 16, 2021 deadline. Staff indicated several additional exhibits would be required, including a full septic design, and agreed to extend the submittal timeline to July 21, 2021 to provide time for the revisions. On July 20, 2021, Mr. Papke, citing an inability to provide the required septic design by the July 16, 2021 deadline, withdrew his variance application. On August 6, 2021, Mr. Papke submitted a complete variance application. On August 18, 2021, the City sent Mr. Papke a letter stating that due to the complexities of the site and the need to solicit and incorporate comments from multiple other agencies, the City would need to extend the review timeline, as allowed by Minnesota Statute § 15.99 subdivision 3(f), to complete the review. Staff informed him that due to the extension, the public hearing would be held on October 19, 2021 rather than September 7, 2021. Note: Staff believes the property would have been buildable without a variance before December of 1992 and between April of 1994 and May of 2001. DISCUSSION The applicant is requesting variances from the minimum buffer width to allow for buffer averaging to accommodate the proposed building pad. They are also proposing an accessory structure wetland buffer setback variance for the proposed driveway. Finally, they are requesting eighteen-, twelve-, and ten-foot primary structure wetland buffer setback variances for the proposed patio and screen porches. The applicant has stated that the intent of these variances is to allow them to construct a single-family home on a lot of record. The applicant has noted that the accessory structure wetland buffer setback variance for the driveway is necessary to allow them to expand the existing nonconforming driveway and access the parcel’s buildable area. They have indicated that they are also requesting variances from the City’s minimum buffer widths in order to allow for wetland averaging to shift the buildable area approximately 20 feet south with the goal of providing adequate area for a mound septic system. They have also stated that the proposed patio and screen porch variances are to provide areas to enjoy the lake view and that they are only within the required setbacks due to fact that the expanded buffers are present on the northern portion of the property. Finally, the applicant has observed that the parcel is lot of record, zoned and guided for single-family residential use. Staff agrees with the applicant’s position that the lot is a lot of record and that the applicant is entitled to reasonable use of the parcel, i.e. the construction of a single-family home. In these cases, it is staff’s practice to support the variances needed to remedy the practical difficulties preventing reasonable use of a parcel, but not to support variances that have their genesis in the structure’s proposed size, placement, or design. After reviewing the information provided by the applicant, staff has determined that the only variance necessary to allow for the construction of a single-family home on the parcel comparable to what is present on similarly zoned parcels within the area is the accessory structure wetland buffer setback variance requested to facilitate the extension of the nonconforming driveway. The other requested 148173 variances are the result of the size, placement, and configuration of the applicant’s proposed home. The property has a viable buildable area that conforms to all requirements of the City’s zoning ordinance, and the applicant has not demonstrated why the requested deviations from the City’s minimum buffer width and primary structure setbacks are required to allow for reasonable use of the parcel. For these reasons, staff is recommending that the Planning Commission approve the requested accessory structure wetland buffer setback variance for the expansion of the driveway and deny the requested minimum wetland buffer width and primary structure wetland buffer setback variances for the proposed home. A full discussion can be found in the attached staff report. RECOMMENDATION Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments approve the wetland accessory structure buffer setback variance for the extension of a driveway, subject to the Conditions of Approval, and deny the requested wetland minimum buffer width and wetland principal structure setback variances, and adopt the attached Findings of Facts and Decision. 1. A building permit must be obtained prior to construction. 2. Building plans must provide sufficient information to verify that the proposed building/structure meets all requirements of the Minnesota State Building Code; additional comments or requirements may be required after plan review. 3. A recently conducted geotechnical evaluation of the building area shall be provided with the building permit application. 4. The applicant shall provide plans that meet Sec. 20-1122 of the City of Chanhassen Municipal Code for review and approval prior to any site improvements. 5. Any work that affects MnDOT right-of-way must obtain the appropriate permit from MnDOT prior to any site improvements. 6. The installation of a private well on the site shall meet all applicable jurisdictional requirements, including but not limited to the Minnesota Department of Health, and all applicable permits shall be obtained prior to any site improvements. 7. A survey showing proposed tree removal and preservation and an inventory of all trees on site 6 inches dbh and larger shall be submitted to the City. 8. A minimum of one tree (2.5”caliper) is required to be planted. 9. Must apply for and receive all relevant permits and approvals from the Minnehaha Creek Watershed District prior to any site improvements. 10. The property owner shall have sole responsibility for assessing the existing and potential future noise situation and taking the action deemed necessary to minimize the impact from any highway noise. ATTACHMENTS Staff Report Findings of Fact and Decision (Partial Approval) Variance Document Development Review Application Variance Request Narrative Criteria for Granting a Variance Survey with Buffer Averaging Survey without Buffer Averaging 149174 Survey with Septic Design Proposed House Plans Landscaping and Tree Preservation Report Water Resources Review Comments Engineering Review Comments County PW Review MnDOT Review Emailed Comments Papke Response to County Affidavit of Mailing MCWD Permit 21-497 Lot-House Review Email from Pete Keller 10-17-2021 150175 CITY OF CHANHASSEN PC DATE: October 19,2021 CC DATE: November 8, 2021 REVIEW DEADLINE: December 4, 2021 CASE #: PC 2021-20 BY: MYW, EH, ET, MU SUMMARY OF REQUEST: The applicant is proposing to construct a single-family home on a peninsula in Lake Minnewashta. Due the presence of wetlands around the peninsula, they are requesting a variance from the City’s wetland buffering requirements to permit the use of buffer averaging and from the City’s principal and accessory structure wetland buffer setback requirements to allow for the proposed home placement and design. LOCATION:PIN 25.0080200 APPLICANT:Jeff and Deb Papke 6180 Cardinal Drive Shorewood, MN 55331 PRESENT ZONING: “RR” –Rural Residential District 2040 LAND USE PLAN: Residential Low Density ACREAGE:2.12 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION- MAKING: The City’s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is requesting variances from the minimum buffer width to allow for buffer averaging to accommodate the proposed building pad. They are also proposing an accessory structure wetland buffer setback variance for the proposed driveway. Finally, they are requesting eighteen-,twelve-,and ten-foot primary structure wetland buffer setback variances for the PROPOSED MOTION: The Chanhassen Board of Appeals and Adjustments approves the wetland accessory structure buffer setback variance for the extension of a driveway, subject to the Conditions of Approval, and denies the requested wetland minimum buffer width and wetland principal structure setback variances, and adopts the attached Findings of Facts and Decision.” 151176 Papke Variance Requests Planning Case No. 2021-20 October 19, 2021 Page 2 proposed patio and screen porches. The applicant has stated that the intent of these variances is to allow them to construct a single-family home on a lot of record. The applicant has noted that the accessory structure wetland buffer setback variance for the driveway is necessary to allow them to expand the existing nonconforming driveway and access the parcel’s buildable area. They have indicated that they are also requesting variances from the City’s minimum buffer widths in order to allow for wetland averaging to shift the buildable area approximately 20 feet south with the goal of providing adequate area for a mound septic system. They have also stated that the proposed patio and screen porch variances are to provide areas to enjoy the lake view and that they are only within the required setbacks due to fact that the expanded buffers are present on the northern portion of the property. Finally, the applicant has observed that the parcel is lot of record, zoned and guided for single-family residential use. Staff agrees with the applicant’s position that the lot is a lot of record and that the applicant is entitled to reasonable use of the parcel, i.e. the construction of a single-family home. In these cases, it is staff’s practice to support the variances needed to remedy the practical difficulties preventing reasonable use of a parcel, but not to support variances that have their genesis in the structure’s proposed size, placement, or design. After reviewing the information provided by the applicant, staff has determined that the only variance necessary to allow for the construction of a single-family home on the parcel comparable to what is present on similarly zoned parcels within the area is the accessory structure wetland buffer setback variance requested to facilitate the extension of the nonconforming driveway. The other requested variances are the result of the size, placement, and configuration of the applicant’s proposed home. The property has a viable buildable area that conforms to all requirements of the City’s zoning ordinance, and the applicant has not demonstrated why the requested deviations from the City’s minimum buffer width and primary structure setbacks are required to allow for reasonable use of the parcel. For these reasons, staff is recommending that the Planning Commission approve the requested accessory structure wetland buffer setback variance for the expansion of the driveway and deny the requested minimum wetland buffer width and primary structure wetland buffer setback variances for the proposed home. APPLICABLE REGULATIONS Chapter 1, Section 1-2, Rules of Construction and Definitions Chapter 20, Article II, Division 3. Variances Chapter 20, Article II, Division 4. Nonconforming Uses Chapter 20, Article VI. Wetland Protection Chapter 20, Article VII. Shoreland Management District. Chapter 20, Article XI, “RR” Rural Residential Districts. Chapter 20, Article XXIII, Section 20-905. Single-Family Dwellings Chapter 20, Article XXIV, Division 2, Section 20-1122. Access and Driveways 152177 Papke Variance Requests Planning Case No. 2021-20 October 19, 2021 Page 3 BACKGROUND Parcel On December 14, 1992, Ordinance 180 was passed amending the entirety of the City’s wetland protection ordinance, including amending Sec. 20-405(1) to read “Septic and soil absorption system must be setback a minimum of one hundred fifty (150) feet from ordinary high water mark of the wetland.” This meant that the parcel could not be built on without a variance. On October 10, 1993, Mr. Papke applied for a variance to place a septic system 75’ from the wetland’s ordinary high water level (OHWL). At that time, City Code required a 150’ setback. On November 22, 1993, the Board of Appeals and Adjustments moved to table the requested variance, citing a need for additional information. On December 13, 1993, the Board of Appeals and Adjustments voted unanimously to deny the variance request. On January 10, 1994, the City Council heard an appeal of the denial and voted 4-1 to direct the City Attorney to prepare Findings of Fact supporting the denial of the variance. On January 24, 1994, the City Council adopted the Findings of Fact supporting the denial of the variance request. The finding supported denial by stating: 1) Property can be developed without a variance by connecting to City sewer. 2) No unique factor of property justifying a variance. 3) Only purpose of variance was to avoid the cost of connecting to City sewer. 4) Poor soils mean septic had a high chance of failure, and a failed septic system close to Lake Minnewashta would cause significant harm to the lake. On March 10, 1994, the City received a letter from an attorney representing Mr. Papke requesting that the City either grant the requested variance or purchase the property at fair market value. On April 25, 1994, Ordinance 202 was passed amending Sec. 20-405(1) to read “Septic and soil absorption system must be setback a minimum of seventy-five (75) feet from the ordinary high water mark of the wetland.” This meant that the property was buildable without the need for a variance. On May 29, 2001, Ordinance 320 was passed establishing principal and accessory structure setbacks from wetland buffers. This meant that due to driveways technically being accessory structures, a variance would be required to build on the property. On June 24, 2021, Mr. Papke met with staff to go over what would be needed to apply for a variance to build on his property. Staff explained the process and what documentation would be required. 153178 Papke Variance Requests Planning Case No. 2021-20 October 19, 2021 Page 4 On July 13, 2021, Mr. Papke met with staff to verify that he had the necessary documents to apply for a variance by the July 16, 2021 deadline. Staff indicated several additional exhibits would be required, including a full septic design, and agreed to extend the submittal timeline to July 21, 2021 to provide time for the revisions. On July 20, 2021, Mr. Papke, citing an inability to provide the required septic design by the July 16, 2021 deadline, withdrew his variance application. On August 6, 2021, Mr. Papke submitted a complete variance application. On August 18, 2021, the City sent Mr. Papke a letter stating that due to the complexities of the site and the need to solicit and incorporate comments from multiple other agencies, the City would need to extend the review timeline, as allowed by Minnesota Statute § 15.99 subdivision 3(f), to complete the review. Staff informed him that due to the extension the public hearing would be held on October 19, 2021 rather than September 7, 2021. Note: Staff believes the property would have been buildable without a variance before December of 1992 and between April of 1994 and May of 2001. SITE CONSTRAINTS Zoning Overview The property is zoned Rural Residential District (RR), is located within the Shoreland Management District, and is a peninsula surrounded by wetlands classified as preserve. This zoning classification requires a minimum lot size of 2.5 acres, 50-foot front and rear yard setbacks, side yard setbacks of 10 feet, a shoreland setback of 75 feet from the OHWL, and limits parcels to a maximum of 20 percent lot cover. Residential structures are limited to 35 feet in height. The wetlands require the establishment of a 40-foot permanent buffer strip and there is a 40-foot primary structure setback and 20-foot accessory structure setback from this buffer strip. The site does not have access to municipal sewer or water service. The lot is a nonconforming 2.12 acres (92,347 sq. ft.). Currently, the only improvement on the site is an existing nonconforming gravel driveway. Bluff Creek Corridor The parcel is not encumbered by the Bluff Creek Overlay District. 154179 Papke Variance Requests Planning Case No. 2021-20 October 19, 2021 Page 5 Bluff Protection There are is not a bluff present on the property. Floodplain Overlay Portions of the property are located within the AE Flood Zone (1% annual chance) and the entire property is located within the 0.2 percent annual chance Flood Zone. The house and other structures are not located within the AE Flood Zone. The proposed septic site is also clear of the AE Flood Zone the applicant is proposing and staff is requiring a septic design that meets the requirements of Sec. 20-382(2). Shoreland Management The property is located within a Shoreland Protection District. This District requires a 75-foot structure setback from the lake’s OHWL and limits the property to a maximum impervious surface coverage of 25 percent*. The shoreland ordinance permits one water-oriented accessory structure (WOAS) to be located within the 75-foot shoreland setback, provided that it is at least 10 feet from the OHWL, no larger than 250 square feet, and has a maximum height of 10 feet. Vegetative clearing is also restricted with the 37.5-foot shoreland impact zone, save limited clearing to for a view, access, and allowed facilities. This is limited to a section 30 percent the width of the lot or 30 feet wide, whichever is less. Since property is zone RR the more restrictive 20 percent limit would apply. Wetland Protection The property is surrounded by a wetland classified as preserve. This classification requires a 40-foot wide permanent buffer strip with a 40-foot primary structure setback and a 20-foot accessory structure setback from the buffer strip. NEIGHBORHOOD 155180 Papke Variance Requests Planning Case No. 2021-20 October 19, 2021 Page 6 Unplatted The parcel is located on a peninsula in Lake Minnewashta which is split between two owners. This parcel is an unplatted lot and the parcel to the east is an outlot of the Crimson Bay subdivision. Given its location on a peninsula, the parcel is simultaneously isolated due to the lack of any adjacent homes and highly visible due to its location on the lake. The nearest two subdivisions are Crimson Bay, zoned RR, to the east and Cedar Crest, zoned Single-Family Residential (RSF), to the west. To the south of the property is the Minnesota Landscape Arboretum. The neighborhood is a mix of single-family homes on both large and standard sized lots and open spaces. Variances within 500 feet: There are no known variances within 500 feet of the subject site. ANALYSIS Buildable Area The applicant is proposing using wetland buffer averaging to shift the parcel’s buildable area approximately 20 feet to the south. Buffer averaging is a mechanism whereby different sections of the wetland buffer have different widths, but the area of the wetland buffer remains the same. While the Minnehaha Creek Watershed permits the use of buffer averaging as part of its typical permitting process, the City’s wetland protection ordinance does not. In order to use wetland buffer averaging, the applicant would need to receive a variance from the City’s 40-foot minimum buffer width requirement for wetlands classified as preserve. The applicant is requesting an 18.5’ minimum buffer width setback variance to allow for a 22.5-foot wide buffer along the southern portion of the property and is proposing a 61.1-foot wide buffer along the north to compensate. The applicant has not provided calculations showing that the total area of the proposed buffer would equal or exceed the area protected by the City’s minimum buffer width; however, the City Code does not directly require a square footage of protected area and the applicant would need to demonstrate this as part of getting the buffer averaging approved by the Watershed District. In their variance narrative, the applicant states that buffer averaging is required to provide an adequate area for a mound septic system, and that they were advised that the City has approved 156181 Papke Variance Requests Planning Case No. 2021-20 October 19, 2021 Page 7 the use of buffer averaging in the past. While the applicant is correct that the City has permitted the use of buffer averaging in the past, its use has been confined to subdivisions, planned unit developments, and site plan approvals. Generally, the City has approved wetland buffer averaging as part of larger projects where it allows for increased protection for more sensitive areas within a development, facilitates the dedication of areas for permanent preservation, or is required to create a viable building pad and/or lots, again typically in exchange for protecting other more ecologically valuable portions of the site. Staff has evaluated the documents that the applicant has submitted and does not agree that buffer averaging is necessary to allow for the proposed septic system. Septic systems are not structures and may be constructed within the required wetland buffer, and the applicant’s proposed averaged buffer would actually increase the portion of the septic system located within the buffer. The only impact that the proposed buffer averaging would have on the selected septic site is that shifting the buildable area 20 feet south increases the distance from the closest point of the buildable area from 15 feet to 20 feet from the edge of the shown septic area. Since septic system soil treatment and dispersal areas need to be setback 20 feet from the home, the applicant would likely not be able to build right up to required 40-foot wetland primary structure buffer setback while meeting the required 20-foot septic system setback. This difficulty could be resolved through a revised home design rather than a variance from either the required wetland buffer or septic system setback. Many of the variances that the applicant is requesting are the result of the proposed home’s design. The footprint of the home that the applicant is proposing covers virtually the entire area of the property that is outside of the 40-foot wetland primary structure buffer setback created by 157182 Papke Variance Requests Planning Case No. 2021-20 October 19, 2021 Page 8 the proposed buffer averaging. The result is a house with a 4,277-square foot footprint. Within this footprint is a 1,989-square foot garage (51 foot by 39 foot) and approximately 3,250 square feet of living space (2,150-square foot main level and 1,100-square foot second level). In addition to the garage and livable area of the house, the applicant is proposing a patio and two screen porches. The City Code subjects these items to the same 40-foot principle structure wetland buffer setback as the home, as screen porches are defined as architectural elements of the home and the first 10 feet of patios are considered integral to the home. This means the porches would require 10-foot and 12-foot principle structure wetland buffer setback variances and the patio would require a 16-foot principle structure wetland buffer setback variance. The primary question in evaluating the requested variances, is are they necessary for the applicant to have reasonable use of the parcel. In order to determine what constitutes reasonable use, staff examines minimum requirements of the City Code and the surrounding neighborhood. The minimum area and garage requirements for single-family homes established by the City Code is shown on the table above. While the City has never taken the position that residents seeking variances should be limited to building houses no larger than the bare minimum allowed by Code, the applicant’s proposed home footprint is over three times the established minimum. To provide some additional context, according to the 2020 census, the median size of a completed single-family house in 2020 was 2,261 square feet. The applicant’s proposed 3,250 square feet of living area is significantly larger than the median size of a newly constructed home, and could be further increased by constructing a larger second level. Another element the City uses as a stand in for reasonable home size is the requirement within the subdivision ordinance that for lots where the house plan of future homes is unknown, a 60- foot by 60-foot building pad shall be used. This building pad represents the assumption that a reasonably sized home and its accessory structures can be accommodated within a 3,600-square foot buildable area. Again, the applicant’s proposed 4,277-square foot footprint exceeds the buildable area that residential lots are required to provide to ensure they accommodate a single- family home and accessory structures. A final metric for determining reasonable use is to look at home sizes for similarly zoned parcels in the surrounding area. In this case, the lots of the Crimson Bay subdivision provide a reasonable base for comparison as they are also zoned RR, riparian, and have an average lot size of 2.14 acres. Staff utilized aerial photos to calculate the combined footprint of the homes and attached garages within the Crimson Bay subdivision. Staff found that the largest building footprint was 4,633 square feet and smallest building footprint was 2,660 square feet. The average building footprint of the five homes was 3,729 square feet and the median building footprint was 3,590 square feet. These numbers are inflated due to the fact that they include all 158183 Papke Variance Requests Planning Case No. 2021-20 October 19, 2021 Page 9 roofed areas of the principle building, i.e. eaves and porches, which are not included in the applicant’s building footprint total. Despite this, it is worth noting that the applicant’s proposed 4,277-square foot footprint, not including porches or eaves, is larger than the average footprint of buildings on similar sized and zoned lots in the area. Finally, if the applicant’s proposed porches are included in their building footprint, the total size would increase to 4,715 square feet and the footprint would be larger than that of the largest structure in the Crimson Bay subdivision. As the applicant has noted, the proposed building footprint, minus the porches, fits within the property’s required 40-foot wetland buffer setbacks. Additionally, based on the surveys provided by the applicant, it does not appear that the use of buffer averaging significantly alters the size of the lot’s buildable area. While some changes to the proposed house may need to be made to accommodate the required 20-foot septic system setback and more triangular northwest section of the building pad, the resulting building footprint would still be in line with what is present on comparably zoned and sized parcels in the area and would still exceed the minimum area standards established by the City Code. In order to approve a variance, the City must be able to find both that the applicant has practical difficulties in complying with the zoning code and proposes to use the property in a reasonable manner not permitted by the zoning code and that the plight of the landowner is due to circumstances unique to the property not created by the landowner. In this case, staff believes that the applicant can design and construct a reasonably sized single-family home on the parcel without the requested minimum buffer width or principle structure wetland buffer setback variances, and that the need for the requested variances stems primarily from the design and footprint of the applicant’s proposed home. For the above reasons, staff recommends denial of these variances. Driveway Expansion 159184 Papke Variance Requests Planning Case No. 2021-20 October 19, 2021 Page 10 Access to the parcel is provided by a nonconforming gravel driveway that varies between approximately 10 and 15 feet in width on a neck that varies between approximately 22 and 30 feet in width. The southernmost portion of the driveway appears to lay within the required minimum five-foot side yard setback and for most of its length the driveway is within the required 40-foot wetland buffer and 20-foot accessory structure wetland buffer setback. The driveway is a nonconforming structure and the applicant may continue using it in its current configuration without a variance; however, the applicant is proposing to expand and alter, including replacing the gravel with a paved surface, the existing driveway in order to provide access to the proposed house. Since the City Code defines driveways as accessory structures, the expanded portion requires a variance from the 20-foot wetland accessory structure buffer setback. The applicant has noted that there is no practical way to provide access to the lot’s buildable area without either realigning or expanding the driveway. They have also observed that the parcel is atypical in that it is virtually surrounded by wetlands, meaning there is no possible way to provide access to the parcel without infringing on a required wetland accessory structure buffer setback. Finally, they make the case that driveway access is necessary to allow for reasonable use of the property, i.e. the construction of single-family home. Staff has evaluated the applicant’s proposed driveway configuration and agrees that they have worked hard to minimize the deviation from the existing nonconforming driveway, minimize the size of the proposed driveway, and that the proposed expansion is necessary to provide adequate access to the proposed buildable area. For these reasons, staff recommends approval of the requested wetland accessory structure buffer setback variance. Septic System The applicant is not requesting any variances to accommodate the placement of the septic system. The Engineering Department has concluded that hooking up to municipal sanitary sewer is impractical due to the impact that it would have on the surrounding natural habitats and associated costs since the nearest public sanitary sewer main is over 1,100 feet away. The inability to utilize the City’s sanitary sewer system means that the applicant must utilize a septic system. While numerous residents have reached out to the City to express concern over locating a septic system on a peninsula surrounded by environmentally sensitive wetlands, the City does not have the ability to deny a permit for an appropriately designed septic system that meets all of the setbacks required by ordinance. In order to provide an increased level of protection for the lake and wetlands, the applicant’s designer is proposing a septic system that meets the criteria for septic systems within a flood plain, even though the system is located outside of the AE flood zone. Since no variances are 160185 Papke Variance Requests Planning Case No. 2021-20 October 19, 2021 Page 11 being requested for the septic system, it is the City’s expectation that the final design meet the requirements of all relevant rules and regulations as well as all of the setbacks required by the City Code. Highway 5 The parcel is expected to be impacted by the Arboretum Area Transportation Plan (AATP), adopted by the City in February 2021 and by Carver County in March 2021. This plan is partially funded with preliminary design work scheduled to begin in 2022, and the improvements are anticipated to occur between 2027 and 2031. This plan includes expanding Highway 5 to a four-lane roadway and a proposed bridge across from the subject parcel. MnDOT has indicated that the planned expansion would result in the property’s access being converted to a right in/right out (access from the east and exit to the west), and Carver County has noted the parcel may lose access entirely as part of the planned improvements, hence it being identified for full property acquisition in the AATP. In their responses to the City’s interagency review request, both Carver County and MnDOT have indicated that the applicant will be building at their own risk and asked that the applicant be made aware of the plans for the area. In response to Carver County’s memo, the applicant has stated they are aware of the proposed plans but asked staff to note that the proposed plans are unfunded and not approved and are a concept recommendation and vision subject to change. They have further noted that the County to date has declined to acquire the property. Numerous residents have expressed concern about the safety of the property’s access to Highway 5 and how building on the site will impact the proposed highway expansion. While these are valid concerns, the access is preexisting and Highway 5 is not a City street. MnDOT currently has jurisdiction of Highway 5 and has not indicated that they oppose the variance. MnDOT has noted that the applicant should be aware of the traffic and noise generated by Highway 5 and that they will not expend funds for noise mitigation for the property in its current condition or when Highway 5 is expanded in the future, which they have stated is the responsibility of the applicant. While the above provides useful context for the discussion, it does not alter the property owner’s rights with regards to the parcel. The lot is a lot of record zoned for single-family residential use, and the applicant is entitled to reasonable use of the parcel. The City must evaluate the variance request based upon the criteria for granting a variance established by the City Code, and cannot use the potential for future condemnation as grounds for denying a requested variance. Impact on Neighborhood 161186 Papke Variance Requests Planning Case No. 2021-20 October 19, 2021 Page 12 The property is not near any other buildable lots and there are no neighbors in the traditional sense who would be impacted by the construction of a single- family home on the parcel; however, by virtue of being located on a peninsula jutting into a recreational development lake, the proposed structure would be readily visible by individuals enjoying the lake. That being said, the applicant is not requesting a variance from the lake’s 75-foot shoreland setback or zoning district’s 35-foot height limit. This means that the home would not have a visual impact significantly different than other homes on riparian properties. Since the lake is classified as a recreational development lake, the presence of homes along the shore is a typical and expected use, and would not be out of character with the area. RECOMMENDATION Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments approve the wetland accessory structure buffer setback variance for the extension of a driveway, subject to the Conditions of Approval, and deny the requested wetland minimum buffer width and wetland principal structure setback variances, and adopt the attached Findings of Facts and Decision. 1. A building permit must be obtained prior to construction. 2. Building plans must provide sufficient information to verify that the proposed building/structure meets all requirements of the Minnesota State Building Code; additional comments or requirements may be required after plan review. 3. A recently conducted geotechnical evaluation of the building area shall be provided with the building permit application. 4. The applicant shall provide plans that meet Sec. 20-1122 of the City of Chanhassen Municipal Code for review and approval prior to any site improvements. 5. Any work that affects MnDOT right-of-way must obtain the appropriate permit from MnDOT prior to any site improvements. 6. The installation of a private well on the site shall meet all applicable jurisdictional requirements, including but not limited to the Minnesota Department of Health, and all applicable permits shall be obtained prior to any site improvements. 7. A survey showing proposed tree removal and preservation and an inventory of all trees on site 6 inches dbh and larger shall be submitted to the City. 8. A minimum of one tree (2.5”caliper) is required to be planted. 9. Must apply for and receive all relevant permits and approvals from the Minnehaha Creek Watershed District prior to any site improvements. 162187 Papke Variance Requests Planning Case No. 2021-20 October 19, 2021 Page 13 10. The property owner shall have sole responsibility for assessing the existing and potential future noise situation and taking the action deemed necessary to minimize the impact from any highway noise. ATTACHMENTS 1. Findings of Fact and Decision (Partial Approval) 2. Variance Document (Partial Approval) 3. Development Review Application 4. Variance Request Narrative 5. Variance Request Justification 6. Survey with Buffer Averaging 7. Survey without Buffer Averaging 8. Survey with Septic Design 9. Proposed House Plans 10. Landscaping and Tree Preservation Memo 11. WRC Memo 12. Engineering Memo 13. Carver County Memo 14. MnDOT Memo 15. Emails from Residents 16. Papke Response to Carver County 17. Affidavit of Mailing g:\plan\2021 planning cases\21-20 papke parcel - lake minnewashta peninsula resubmittal\staff report_papke parcel_var.docx 163188 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION PARTIAL APPROVAL) IN RE: Application of Jeff and Deb Papke for variances from the minimum wetland buffer width, wetland principle structure buffer setback, and wetland accessory structure buffer setback to facilitate constructing a single-family home on a property zoned Rural Residential District (RR) – Planning Case 2021-20. On October 19, 2021, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Rural Residential District (RR). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. The legal description of the property is: All that part of Government Lot Five (5), Section (8), Township One Hundred Sixteen (116), Range Twenty-Three (23), lying Northerly of the Northerly right-of-way line of Minnesota State Highway Number Five (5), except that portion thereof platted as “Cedar Crest”, according to the recorded plat thereof in the Office of the County Recorder, Carver County, Minnesota. Together with an appurtenant 30.00-foot wide perpetual non-exclusive roadway easement for vehicular and pedestrial traffic over that portion of Outlot A, Crimson Bay, Carver County, Minnesota, legally described as follows: Beginning at the southwesterly corner of said Outlot A; thence northerly along the westerly line a distance of 350.00 feet and there terminating. The easterly line of said easement shall be prolonged or shortened to terminate on the southerly line of said Outlot A. 3. Variance Findings – Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the Comprehensive Plan. Finding:The property in question is zoned Rural Residential (RR) and guided in the 2040 Land Use Plan for residential low density development. Single-family dwellings are a permitted use in the RR district. It is in harmony with the intent of the zoning code and 164189 2 consistent with the Comprehensive Plan to allow the owners of a parcel zoned and guided for single-family dwellings to construct a single-family home. The requested variance from the property’s wetland accessory structure buffer setback for the expansion of the driveway is necessary to allow for access to the site’s buildable area and the construction of a single- family home. The variances requested from the City’s minimum buffer width and wetland principle structure buffer setback are not consistent or in harmony with the City’s goal of providing the maximum possible protection to the City’s sensitive environmental features. b.When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties" as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding:The construction of a single-family home on the parcel is a reasonable use and is not possible solely due to the fact that the required wetland accessory structure buffer setback prohibits altering or expanding the existing driveway. For this reason a variance from the wetland accessory structure buffer setback should be approved to allow the applicant reasonable use of the parcel. The requested variances from the City’s minimum buffer width and wetland principle structure setback are the result of the applicant proposing a home that does not fit within the property’s buildable area. Based at the footprints of homes situated on comparably sized and zoned properties to the east, the minimum buildable area required for new lots during subdivision, the City’s minimum standards for single-family homes, and the average size of new home reported by the 2020 census, the City has determined that a home providing reasonable use of the property could be constructed within the building pad allowed by the City Code. Since reasonable use of the property can be obtained without these variances, they should not be granted. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding:The plight of the landowner with regards to their inability to extend the driveway without a wetland accessory structure buffer setback variance is the result of the unique circumstances created by the parcel being a peninsula surrounded by wetland classified as preserve. The variances requested from the City’s minimum buffer width standard and principle structure setbacks have their genesis in the size, location, and configuration of the applicant’s proposed home. The parcel has a viable building area which could accommodate a home of a different size, location, and/or configuration without the need for these variances. 165190 3 e. The variance, if granted, will not alter the essential character of the locality. Finding: The property is not near any other buildable lots and there are no neighbors in the traditional sense who would be impacted by the construction of a single-family home on the parcel; however, by virtue of being located on a peninsula jutting into a recreational development lake, the proposed structure would be readily visible by individuals enjoying the lake. The construction of a single-family home on a previously undeveloped parcel will necessarily be a change; however, allowing the construction of a single-family home on an appropriately zoned parcel would be consistent with the intended character of the locality. In order to minimize the impact to the sensitive environmental features on the parcel, the degradation of which could impact the essential character of the locality, only the wetland accessory structure buffer setback needed to accommodate the driveway expansion is approved. All other elements of the home will be required to adhere to the requirements of the City Code. f. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2021-20, dated October 19, 2021, prepared by MacKenzie Young-Walters et al. is incorporated herein. DECISION The Chanhassen Board of Appeals and Adjustments approves the wetland accessory structure buffer setback variance for the extension of a driveway, subject to the Conditions of Approval, and denies the requested wetland minimum buffer width and wetland principal structure setback variances. 1. A building permit must be obtained prior to construction. 2. Building plans must provide sufficient information to verify that proposed building/structure meets all requirements of the Minnesota State Building Code; additional comments or requirements may be required after plan review. 3. A recently conducted geotechnical evaluation of the building area shall be provided with the building permit application. 4. The applicant shall provide plans that meet Sec. 20-1122 of the City of Chanhassen Municipal Code for review and approval prior to any site improvements. 5. Any work that affects MnDOT right-of-way must obtain the appropriate permit from MnDOT prior to any site improvements. 6. The installation of a private well on the site shall meet all applicable jurisdictional requirements, including but not limited to the Minnesota Department of Health, and all applicable permits shall be obtained prior to any site improvements. 7. A survey showing proposed tree removal and preservation and an inventory of all trees on site 6-inches dbh and larger shall be submitted to the City. 8. A minimum of one tree (2.5”caliper) is required to be planted. 9. Must apply for and receive all relevant permits and approvals from the Minnehaha Creek Watershed District prior to any site improvements. 166191 4 10. The property owner shall have sole responsibility for assessing the existing noise situation and taking the action deemed necessary to minimize the impact from any highway noise. ADOPTED by the Chanhassen Planning Commission this 19th day of October, 2021. CITY OF CHANHASSEN BY: Steven Weick, Chairman g:\plan\2021 planning cases\21-20 papke parcel - lake minnewashta peninsula resubmittal\findings of fact and decision papke parcel (partial approval).docx 167192 1 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2021-20 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Board of Appeals and Adjustments approves a wetland accessory structure buffer setback variance for the extension of a driveway, subject to the Conditions of Approval, and denies the requested wetland minimum buffer width and wetland principal structure setback variances. 2. Property. The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as: All that part of Government Lot Five (5), Section (8), Township One Hundred Sixteen (116), Range Twenty-Three (23), lying Northerly of the Northerly right-of-way line of Minnesota State Highway Number Five (5), except that portion thereof platted as “Cedar Crest”, according to the recorded plat thereof in the Office of the County Recorder, Carver County, Minnesota. Together with an appurtenant 30.00-foot wide perpetual non-exclusive roadway easement for vehicular and pedestrial traffic over that portion of Outlot A, Crimson Bay, Carver County, Minnesota, legally described as follows: Beginning at the southwesterly corner of said Outlot A; thence northerly along the westerly line a distance of 350.00 feet and there terminating. The easterly line of said easement shall be prolonged or shortened to terminate on the southerly line of said Outlot A. 3. Conditions.The variance approval is subject to the following conditions: 1. A building permit must be obtained prior to construction. 168193 2 2. Building plans must provide sufficient information to verify that proposed the building/structure meets all requirements of the Minnesota State Building Code; additional comments or requirements may be required after plan review. 3. A recently conducted geotechnical evaluation of the building area shall be provided with the building permit application. 4. The applicant shall provide plans that meet Sec. 20-1122 of the City of Chanhassen Municipal Code for review and approval prior to any site improvements. 5. Any work that affects MnDOT right-of-way must obtain the appropriate permit from MnDOT prior to any site improvements. 6. The installation of a private well on the site shall meet all applicable jurisdictional requirements, including but not limited to the Minnesota Department of Health, and all applicable permits shall be obtained prior to any site improvements. 7. A survey showing proposed tree removal and preservation and an inventory of all trees on site 6 inches dbh and larger shall be submitted to the City. 8. A minimum of one tree (2.5”caliper) is required to be planted. 9. Must apply for and receive all relevant permits and approvals from the Minnehaha Creek Watershed District prior to any site improvements. 10. The property owner shall have sole responsibility for assessing the existing noise situation and taking the action deemed necessary to minimize the impact from any highway noise. 4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. 169194 3 Dated: October 19, 2021 CITY OF CHANHASSEN BY: SEAL)Elise Ryan, Mayor AND: Laurie Hokkanen, City Manager STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2021 by Elise Ryan, Mayor, and Laurie Hokkanen, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 952) 227-1100 g:\plan\2021 planning cases\21-20 papke parcel - lake minnewashta peninsula resubmittal\variance document 21-20.docx 170195 COMTU'{ITY DEVELOPME T DEPART ENT Planning Division - 7700 Market Boulevard Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Ptione: {952) 227-1 'l0O / Fax: (952) 227-11'tO Submittal Date: CITY OF CHAI{HASSHI{ APPLICATION FOR DEVELOPMENT REVIEW PC Date:..*n n /fl l>l SGDay *o***lo/ e lU Section 1: Application Type (check all that apply) Rerer to t p aw@Friate Afilicdion O7€,cnis, {ot Gquhed submilta/ inldtrcfnn that aud @m8rry this aNi@rion) I Comprehensive Plan Amendment fl Minor MUSA line for failing on-site sewers ..... Conditional Use Permit (C UP) n Single-FamilyResidenceEattofrers...... n Minor tunendment to existing PUD All Others...... D Sbn aan Review................ I Site Plan Review (SPR) E Administrative E Commerciaulndustrial Distficts' 600 ! Subdivision (SUB)$ 100 n Create 3 lots or less .................-.,...................$300ECreateover3 |ots.....,.................$600 + $15 per lot Plus $10 per 1,000 square feet of building area:( thousand square feet) lndude numb€r of exilrlip €rnployees: lndude nunber of @,v emplqEes: fl Residential Disttts-......................------.SSOO Plus $5 per dwelling unit ( units) f] Property Owners' List wihin 500' (C)ty to geneEte after p{e-apdbation meel,og) E Escrow for Recording Documents (cfreck all that E Conditional Use Permit ntrE Lot Line Adjustnent....................... E rinat P|at.........,............ lncludes $450 escrow for attomey costs)' Additixlal esctow may be lBquil€d for o0rer applicatioos through ttE devBlofrn€nt cont'aci- E Vacaion of Easements/Right-of-way (VAC)........ $300 Additio.El lecording Ees Inay apdy) E Variance (VAR)....,.....,.,......,.................,.............. $200 Wefland Alteration Pemit WAP) tr Singls.Family Residence.. g!E: t{hen muhipl8 appllcauons are proca6$d conqrflrndy, the approDriate ftG rhdt be chaged for each applica6on, J addresses) 3 per address 50 per document 325 425 1oo 500 150 100 500 300 1so 150700EtnterimUsePermit (lUP) I ln conjunctlrn with Single-Family Residence.. $325DAtoarers...... -..-.....-.......... $425 E Rezoning (REz) E Phnned Unit Development (PUD) ..............,... $750 1s0 275 1oo 500 trtr Vacation Mete6 & Bounds SubdMsion (3 docs.) m UsePermitEVarianceEEasements ( easements) f! Site Plan Agreement E Wefland AfterationPermitEoeeos$, , --, TorAL FEE: --l .>c q-{" Section 2: Required lnformation Descrip[on of Propqsl; Allow; continuation of existing driveway for access to house, house setback to be averaged with 20'S and 60' N, west & north porchs in setback. Property Address or Location: Parcet*A 25.0080200 Legal Dessiption:Pa.t of Govt lot 5, Sec I Twnsp 16, Range 23, Carvey County MN Total Acreage:2.50 Wellands Present? El Yes E tto Present Zoning:Single-Family Residential District (Rff Requested Zoning:Selecl One Present Land Use Desig n"6on. Residential Large Lot Request€d tand Use Desbnatio"' S#dbAUANHASSEN...-_.RECEVED-- Existing Use of Property Echeck box if separate narrative is attached.AUG 0 6 2021 u 171196 Section 3: Property Owner and Applicant lnformation APPLICANT OTHER TIiAN PROPERW OIYNER: ln signing this application, l, as applicant represent to have obtainod authorization fom the property owner to file this appliceton. I agree to be bound by conditons of approval, subject only to the right to object at the hearings on the application or during the appeal period. f this applicatbn has not been signed by the property owner, I have attacfied sepaft e documentation of tull legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regErding any matter pertaining to this application. I will ke€p mysef irformed of the deadlines for submission of material and the progress of this applicetion. I further understand that additional fees may be charged for consulting fee, feasibility studi6s, etc. with an estimat€ prior to any authorizalion to proceed with the study. I certify tfiat the infomation ard exhibib submitted are true and conect. Name:Contact Phone:Address: City/Statezip: Email: SiJnature: PROPERTY OWttlER: ln signing this apdication, l, as prop€rty owner, have tull legal capacity to, and herBby do, authorze the filing of thb applicatftrn. I understand lhat condilions of approval are binding and agree to be bound by those conditions, subject only to the right to objec-t at the hearings or during the app€al p€rbds- I will ko€p m!6elf informed of the deadlines for submission of material and the progress of lhis application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I cartry that the information and exhibitls submifted are fue and correct. Name:Jefi aM Deb Papke Contact: Phone:Address:6180 Cardinal Drive Shorewood, MN 553[]1 (763) 300-s074 Cell: Fax: Cell: Fax: Cell: Fax: Jefr PPapke 763) 3m-s074 City/Statezip: Email: papke@gmail.com Signature: PROJECT EIGII{EER (if applkuble) Name: Address: Contact Phone: City/Statelzip: Email: This applicalion must b€ comd€ted in lUll and must be accdnpanied by ail informatioo and plans rsquirBd by applicable City Ordinance provisions. Before filing lhis apdbatiln, r€fer to the apgopriata Apdicaton Checklist and confer with the Planning Oepartnent b detemine the specific ordimnce and applicable procedural EquirBrnents and ie€s. A detemination of completeness of lhe application shall be made within 15 business days o, application submittal. A written notice of eppli(5bn defici€ncies shall be mailed to lhe applicant within 15 business days of apdicatbn. Section 4: Notification lnformation VUho should recalve coples of stafr reporE? n Property owner Via: E Email E Mailed PaperCopyEApplicantMa: E Email E] wtaileo PapercopyIEngineerVia: E Email f] Maihd PaperCopytrOtrlorMa: fl Email E uanea Paporcopy Other Contact lnformation: Name: Address: City/StateZip: Email: INSTRUCTTONS TO APPLICANT: Complote all necessary form fields, tlen selec-t SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required docaments and payment. SUBMIT FORM to send a digital copy to the city for processing. SAVE FOR SUB IT FORH 94". 6124120 PRINT FORU 172197 uly 16,2O2L v.fE8!fflBAssEil tJG 06 2021 Variance request for papke property on Lake Minnewasht ii :SEN pl-Alllllllc DEPJ This site is a lot of record. ln 1994, it was acquired by Jeff and Debra Papke with the intentions of building a single-family residence in the future. ln conjunction with the acquisition of the property we obtained a letter from then current attorney of the City of Chanhassen that states the property was a buildable lot. Since the acquisition we have consistently used the property for recreational purposet i.e., boatin& swimming, picnics. We have reached our retirement years and are now able to move fonnard with our plan of building on our lake property. This is a large lot of approximately 2.2 acres on a peninsula on the south side of Lake Minnewashta. Another small lot exists east of our property, but is not a buildable lot. There are no close neighbors to our property. ln preparing for the construction process, we have worked with a team consisting of environmental enSineers, surveyors, septic system designer (licensed Advanced Designer) and architects to design a structure that fits within the buildable footprint. ln that effort we have had to change our plans from a single level house to a two-story structure to fit that area. The footprint ofthe house structure falls within all setbacks as prescribed by the City of Chanhassen. We are not encroaching on any wetlands. However, to actually access the property, and allow for an adequate area for a septic system, and improve the functionality ofthe home, we are requesting the following; 1) We are requesting variance forthe continuation ofthe existing driveway to access the house site and access to the garaSe. We have accessed the property and parked in this area for decades but now find that this area would be considered an accessory structure. This area is an extension of existing driveway to the structure that will provide driveway and parking covering of approximately 2,950 square feet that will cross the setback spelled out on Sec 2G904 regarding accessory structure setbacks. Without this variance there would be no access to the structure from the existing driveway. 2) We are requesting an averaging ofthe wetland buffers. This property does not have access to city sewer. ln an on-site meeting in May, Matt Unmacht (Chanhassen) and Ben Carlson (BWSR) both suggested that we request a variance to average the buffert statin8 that the City of Chanhassen has approved similar variance requests. To provide for the best areas for onsite septic treatment we are requestint averaging of buffer setback and shifting the house site 20 feet to the south. This provides a combined setback and buffer of 6O feet to the south and a combined setback and buffer of 100 feet to the north, which is the lakeside, rather than 80 feet in each direction. This averaging of buffers is necessary to provide for an adequate area for a mound septic system. we have been in contact with and are in the process of submitting an application to the Minnewashta Watershed District as they are the governing atency which would determine ifthe buffers may be averaged. We are planningtoadd fill to raise the structure above the existing grade and blend the septic mound system into the available landscaping space. The actual septic plan has been submitted to Eric Tessman for review. The permit application will be submitted with the application forthe building permit. A drawing of the septic system is included. 3) We would like to have porch areas added to the structure to enjoy the lake views. We are requesting a slight projection of porch A of 190 square feet and porch B of 24 square feet. These areas are highlighted in the attachment. Additional information is included under 2. ln Section Criteria for Granting a Variance. 4) We would like a patio on the lake side of the house adjacent to the structure, approximately 300 sq ft. lf averaging of the buffers is allowed the patio and porch A will be 89 feet from the wetlands. The city requires total of 80 feet from wetlands (consisting of 40 foot s€tback and ttO foot buffer) from wetlands. 173198 Criteria for granting a Variance We believe we are in compliance with a general conditions for Sranting a variance, specifically: 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the variances are consistent with the comprehensive plan. This lot is zoned for single ftmily residential use. We are proposing to use it for that purpose. ln the Chanhassen Comprehensive plan Chapter 2 Land Use both the 2030 and 2O4O Land Use Maps support this use by showing the lot shall be used for Residential Low Density. These Land Use Maps are attached and are also available on the Chanhassen website. 2. When there are practical difficulties in complying with zoning ordinances. "Practical difficulties," as used in connection with granting Of a variance, means that the property owner propos€s to use the prop€rty in a reasonable manner not permitted by this chapter. We are requesting variances to use the property in a reasonable manner consistent with this section, i.e., we need to be able to access structures from the existing driveway. we have significantly altered our house design to be able to only have a small number of variances. By allowing averaging ofthe buffert we will be able to place a septic system within zoning and setback requirements. lf averaging of the buffers is allowed the patio and porch A will be 89 feet from the wetlands. The city requires total of 80 feet from wetlands (consisting of 40 foot setback and 40 foot buffer) from wetlands. The granting of the variance clearly would not be detrimental to the public welfare or injurious to other Iand' 3. That the purpose ofthe variation is not based upon economic considerations alone. The purpose of the variation is to allow the property owner to build a single-family home. lt is not based on desires to increase value or income potential, nor is it based on desires to avoid additional costs. We simply wish to build a single-family home on our lot which is zoned for such use. 4. The plight of the landowner is due to circumstances unique to the property and not created by the landowner. The hardship in this case is created by the physical surroundings ofthe site. Areas where we have accessed for years are categorized as accessory structures. Lake Minnewashta and wetlands surround most ofthe site and the setback requirements limit the buildable space. Again, we have worked with a team consisting of environmental engineers, architect, surveyor and a licensed Advanced septic DesiSner to desiSn a structure and septic system that provide minimal impact to the surroundings' 5. The variance, if granted, will not alter the essential character of the locality. We are not encroaching on any wetlands. We are maintaining setbacks and averaged buffers. The applicable locality entities consist of single-family homeS which is what we are proposinS. Granting the variance does not alter the essential character ofthe locality. Additional information: The impervious surfaces including the existing driveway, proposed structure, accessory structures and all requested variances will account for 12.6% impervious coverage ofthe property, which is well below the 20% limit. Detailed drawings attached. Drawing of the structure as placed with OHWL, wetland delineation, 40/ setback and 40/buffer. 174199 Drawing of structure with 2d averaged shift south providing 6d south and 10d north. First and second level floor plans with details. Garage parking provides for enclosed boat, RV and vehicle storage. Elevations have not been completed but the structure will be 3G34' tall. Drawing of the septic system on site. Respectfully Jeff and Deb Papke iipa oke @ema il.com 763300s074 doaDke54@Email.com 7533008713 175200 176201 177202 178203 179204 180205 MEMORANDUM TO:MacKenzie Young-Walters, Associate Planner, AICP FROM:Jill Sinclair, Environmental Resources Specialist DATE:September 7, 2021 SUBJ:Papke Parcel, Variances from Wetland and Yard Setback The property has a number of larger trees on site with a thick understory of young trees and large shrubs. The center portion of the parcel has been cleared and vegetation is concentrated around the edge of upland area. The surveys submitted for the variance request does not show existing trees therefore staff cannot comment on proposed tree removal or preservation. A survey showing proposed tree removal and preservation and an inventory of all trees on site 6” dbh and larger will need to be submitted to the city as required by city code. Clear cutting the parcel is not allowed. A minimum of one tree will be required to be planted. Recommendation: 1. A survey showing proposed tree removal and preservation and an inventory of all trees on site 6” dbh and larger shall be submitted to the city. 2. A minimum of one tree (2.5”caliper) is required to be planted. 181206 Memorandum To: MacKenzie Young Walters, Associate Planner From: Matt Unmacht, Water Resources Coordinator CC: Erik Henriksen, Project Engineer, Ryan Pinkalla, Water Resources Technician Charlie Howley, Public Works Director Date: 09/09/2021 Re: Planning Case No. 21-20 – Papke Parcel (Lake Minnewashta Peninsula) BACKGROUND The Water Resources Department has reviewed the Variance submittal for the Papke Property Lake Minnewashta Peninsula. The applicant is requesting wetland setback variances for a driveway, porches, and a patio, potentially a septic system variance, and requesting the use of wetland buffer averaging. The City’s wetland protection ordinance (Chapter 20, Article 20-VI) states that “Wetlands help maintain water quality, serve to reduce flooding and erosion, act as sources of food and habitat for a variety of fish and wildlife, and are an integral part of the community's natural landscape. Wetlands provide the aesthetic benefits of open space and can be used to provide a natural separation of land uses. It is the intent of this article to establish a policy of sound stewardship through coordination of regulations that conserve, protect, enhance, and result in the no net loss of these environmentally sensitive resources. In addition, it is the intent of the city to promote the restoration of degraded wetlands…The intent of this article is to avoid alteration and destruction of wetlands. When this is not feasible, mitigation must be provided to recreate the function and value of the lost or altered wetlands.” The City’s wetland buffer ordinance exists to protect these wetlands from degradation. Development directly adjacent to a wetland can negatively impact habitat and water quality due to stormwater runoff, erosion, and flooding, among other factors. Due to the important role that these ordinances plays in 182207 protecting the quality of the City’s natural resources, the City should take extra caution when reviewing potential wetland and buffer variances. The wetlands on this property discharge directly to Lake Minnewashta. Lake Minnewashta is not listed as impaired for nutrients by the Minnesota Pollution Control Agency, however, intense development in areas that drain to the lake, and especially in areas that are in such close proximity to the lake, could lead to its listing in the future. As such, extra care and review should be undertaken on any project that proposed development that could impact Lake Minnewashta. On April 20, 2021, the applicant submitted a complete wetland delineation report, which identified one wetland on the property. This wetland was classified as combination of wetland types 3/6/2. On May 11, 2021, an on-site TEP review of the wetland delineation was conducted. The TEP review resulted in changes to the wetland boundaries, but not the wetland types. An updated wetland delineation figure was submitted on May 12, 2021 (see photo below, delineation boundary in green). The wetland delineation with this updated wetland boundary was formally approved on May 24, 2021. This approved wetland delineation allowed the developer to determine precisely where the wetland boundary and subsequent wetland buffers and setbacks would be and plan accordingly. 183208 This wetland is classified, per the City’s MnRAM database, as a Preserve wetland. This means that this is a high quality wetland and that a permanent buffer, from the edge of the wetland, must be established. This buffer must be 40-feet in width. In addition, principal structures homes, patios, garages, etc.) must then be set back 40-feet from the buffer edge, and accessory structures (driveway, shed, boathouse, etc.) must be setback 20-feet from the buffer edge. The applicant is proposing to use wetland buffer averaging on this parcel. This means that the total square footage of the required wetland buffer remains the same, but the buffer may not be precisely 40-feet throughout. For example, if the applicant proposed the buffer to be 30 -feet in one location it would need to be 50-feet in another location, so long as the total amount of buffer area remains the same (or more than) the required 40-feet. City of Chanhassen ordinances do not allow for wetland buffer averaging, hence the need for the variance. It appears that the use of wetland buffer averaging is proposed to accommodate the septic system. However, the septic system can still be constructed in its proposed location even without the need to use averaging. Regardless of the City of Chanhassen’s ordinances on wetland buffer averaging, the Minnehaha Creek Watershed District also has rules regarding wetland buffer averaging and approval from the District for the use of averaging would be required prior to any building permit approval. In addition, the applicant is proposing wetland buffer setback variances for various aspects of the home: Porch A encroaches approximately 13.5-feet into the 40-foot principal structure setback Porch B encroaches approximately 12-feet into the 40-foot principal structure setback Patio encroaches approximately 16-feet into the 40-foot principal structure setback All three of the above items would require a wetland buffer setback variance. However, all three of these items are necessitated as a result of design choices rather than any specific constraining features of the property. It appears that it is possible to propose a smaller home on this site that would not require these three variances and would not require the need for wetland buffer averaging. Doing so would still allow reasonable use of the property while also best protecting the sensitive natural resources of this parcel. The applicant is requesting a variance to construct a driveway where the current access road exists. Per the City Code, a driveway would be required to be setback a minimum 60-feet from the wetland buffer edge (40-foot wetland buffer plus 20-foot accessory structure setback). There is no feasible way to construct a driveway at this location that would conform to these required setbacks. The applicant has shown a willingness to decrease the size of the driveway 184209 from initial plans. As such, it is the opinion of the Water Resources department that a variance for the driveway should be granted. CONCLUSION/RECOMMENDATION The proposed project poses risks to the wetlands, wetland buffers, and the overall health of Lake Minnewashta. The Water Resources department understands that due to the location of this parcel, development is nearly impossible without some impacts to sensitive natural resources. However, based on the submitted plans, it appears that the proposed home goes beyond what is necessary to construct a home of reasonable use and thus posing unnecessary risks to the natural resources on the parcel. It appears that there is a smaller home pad available that would allow reasonable use of the property while negating the need for wetland buffer averaging and the wetland buffer structure setbacks. As such, the Water Resources department recommends denial of the variances for the use of wetland buffer averaging and wetland buffer setbacks relating to the home. However, due to the site constraints relating to the driveway, the Water Resources department recommends approval of the variances for the construction of the driveway. 185210 Memorandum To:MacKenzie Young-Walters, Associate Planner From:Erik Henricksen, Project Engineer CC: Charles Howley, Public Works Director/City Engineer George Bender, Assistant City Engineer Charlie Burke, Public Works Operations Manager Matt Unmacht, Water Resources Coordinator Date:9/16/2021 Re:Variance Review at PID 25.0080200 – Planning Case #2021-20 The Engineering Department has reviewed the variance submittal for PID 25.0080200. These comments are divided into two categories: general comments and proposed conditions. General comments are informational points to guide the applicant in the proper planning of public works infrastructure for this project, to inform the applicant of possible extraordinary issues and/or to provide the basis for findings. Proposed conditions are requirements that Engineering recommends be formally imposed on the application in the final order. Note that references to the “City Standards” herein refer to the City of Chanhassen Standard Specifications and Detail Plates. General Comments/Findings 1. Any and all utility and transportation plans submitted with this application have been reviewed only for the purpose of determining the feasibility of providing utility and transportation facilities for the project in accordance with City Standards. A recommendation of variance approval does not constitute final approval of details, including but not limited to alignments, materials and points of access, connection or discharge, that are depicted or suggested in the application. The applicant is required to submit detailed construction drawings for the project, as applicable. The City of Chanhassen Engineering and Public Works Departments will review plans, in detail, when they are submitted and approve, reject or require modifications to the plans or drawings based upon conformance with City Standards, the Chanhassen Code of Ordinances and the professional engineering judgment of the City Engineer. 186211 2. It is the opinion of the Engineering Department that the proposed variance can be developed in accordance with the requirements of the Chanhassen Code of Ordinances as it pertains to Engineering and Public Works requirements) and City Standards, provided it fully addresses the comments and conditions contained herein, and can be approved. 3. The applicant is requesting a number of variances to facilitate the construction of a single family home on PID 25.0080200 (Site). These include wetland buffer averaging, wetland setback variances and a possible subsurface sewage treatment system variance. 4. The Site currently gains access to the TH 5 right-of-way via an existing gravel driveway. TH 5 is owned and maintained by the Minnesota Department of Transportation MnDOT). MnDOT has provided comments regarding the variance application and associated documents which are dated September 7, 2021 and attached to this report. While currently TH 5 is a 55 MPH, two-lane, undivided highway, there are plans to expand the facility to a four-lane divided highway along with the construction of a bridge directly adjacent to the Site’s access. The construction of a bridge at this location of the TH 5 improvement project should provide for less impact to the surrounding wetland complexes and preservation of the hydrology of Lake Minnewashta and the surrounding wetlands. The Arboretum Area Transportation Plan’s (AATP) Executive Summary dated January 2021, also attached to this report, outlines these planned improvements. These improvements are currently anticipated to occur between 2027 and 2031. While MnDOT’s review expresses that the Site’s access would be converted to a right-in/right-out as part of the TH 5 expansion project, it is still unknown how site access would be facilitated due to the proposed construction of a bridge. The image below was taken from the Executive Summary to illustrate this undetermined detail. As seen from the image, the bridge and the current access point to the Site differ in elevation, the exact differential is currently unknown. a. Due to the proposed elements of the AATP and specifically the future of TH 5, the applicant should understand the long-term implications and risk of improvements made to this property. 5. As the improvements to TH 5 aren’t anticipated until a later date, any development or improvement associated with the Site would require that the Site’s driveway be surfaced with bituminous, concrete or other hard surface material to meet Sec. 20-1122 of City Ordinance. See proposed conditions 1 and 2. 187212 6. PID 25.2610060 (Parcel) immediately to the east and abutting the Site was platted as an Outlot with the Crimson Bay Subdivision in 1987. The original intent of the Parcel was addressed during the May 6, 1987 Planning Commission meeting and was proposed to facilitate a beachlot. Access to the Parcel was proposed to utilize the Site’s existing gravel driveway and 6 parking stalls were proposed to be constructed. The intent behind these improvements on the beachlot was due to the dangers of Crimson Bay residents having to walk along TH 5 to access the proposed beachlot. However, per zoning ordinances motorized vehicles are prohibited from parking or driving on beachlots and the concept was abandoned by the applicant of the Crimson Bay subdivision. The applicant declared the Parcel to remain open space. The City is not aware of any cross access agreements between the Site and the Parcel, with the only access to the Parcel being via Lake Minnewashta. 7. In accordance with Sec. 19-41 of Chanhassen’s Municipal Code (Code), when a premises is adjacent to or within 150 feet of the City’s sanitary sewer system, buildings located on the premises are required to connect to the public system. The Site currently does not 188213 have municipal sanitary sewer adjacent to or within 150 feet of the premises and a connection or extension of the municipal sewer system to the Site is impracticable due to the impacts to the surrounding natural habitats and associated costs as the nearest public sanitary sewer main is over 1100 feet away. In order for the Site to meet its sanitary sewer needs a private subsurface sewage treatment system (SSTS) would be required. The Building Department has received a design submittal for SSTS for review. 8. In accordance with Sec. 19-19 of Code, when a premise is adjacent to or within 150 feet of a municipal watermain, buildings located on the premises are required to connect to the public system. While the premises are currently adjacent to a City watermain, staff does not find a connection to be practicable or prudent. The AATP identified in the relatively near future this public watermain abutting the Site will likely need to be abandoned and relocated in order to facilitate the widening of TH 5 and the construction of a bridge directly abutting the Site. As such, the Site’s potable water needs would best be served by a private well as depicted by the provided plans. See proposed condition 3. Proposed Conditions 1. The applicant shall provide plans that meet Sec. 20-1122 of the City of Chanhassen Municipal Code for review and approval prior to any site improvements. 2. Any work that affects MnDOT right-of-way must obtain the appropriate permit from MnDOT prior to any site improvements. 3. The installation of a private well on the Site shall meet all applicable jurisdictional requirements, including but not limited to the Minnesota Department of Health, and all applicable permits shall be obtained prior to any site improvements. 189214 Carver County Public Works 11360 Highway 212, Suite 1 Cologne, MN 55322 Office (952) 466-5200 | Fax (952) 466-5223 | www.co.carver.mn.us CARVER COUNTY September 27, 2021 City of Chanhassen c/o MacKenzie Young-Walters AICP Associate Planner 952-227-1131 mwalters@ci.chanhassen.mn.us Re: Development / Access Review Comments: Variance requests for the property located at Parcel ID# 250080200 adjacent to State Trunk Highway (TH) 5 (Arboretum Blvd.) Thank you for the opportunity to review the subject development in the City of Chanhassen. Consistent with the County Comprehensive Plan and County Codes, and other official controls of the County, the following are comments and recommended conditions of approval and as potential requirements for any necessary permits to be issued for the project. 1. Regarding adopted planning document – a. The Arboretum Area Transportation Plan (Plan) is a transportation planning document that identifies transportation improvements for highway corridors in and around the MN Landscape Arboretum including TH 5. The planning process was a coordinated, two-year process highlighted by significant public engagement and consensus building efforts to develop a future transportation improvement vision. The Plan includes a detailed investment and implementation plan for short, mid, and long-term transportation projects in the study area. b. The Plan was adopted by the City of Chanhassen on February 8, 2021 and by the Carver County Board on March 16, 2021. The Plan was also adopted by the City of Chaska and the City of Victoria. The planning process and subsequent project implementation is a continued partnership between the County, Cities, and MnDOT. c. The Plan identifies TH 5 as a future bridge over Lake Minnewashta in the location adjacent to the subject property. This concept recommendation and vision will be studied further; however, agency and community input advised towards the importance of reconnecting the wetland and lake area by constructing a bridge of TH 5 over Lake Minnewashta. d. Due to the vision for TH 5 to be a future bridge in this location, closure of the subject property’s access to TH 5 might become necessary, although any actual changes to that access would be studied further. The Plan identifies the subject property as a future full property acquisition. e. The planned project for the segment of TH 5 over Lake Minnewashta adjacent to the subject property is partially funded. The County is moving forward with implementation efforts in line with the adopted Plan and is planning to begin preliminary design work for this section of TH 5 in 2022. f. The property owner is encouraged to reach out to Carver County Public Works, the lead 190215 agency for the Arboretum Area Transportation Plan, to discuss the likelihood, nature, and scope of an acquisition prior to commencing construction work on the proposed home. These are the County’s comments at this time. If you have any questions or need further assistance, please contact staff noted below: Joan Guthmiller Administrative Technician Carver County Public Works 952.466.5201 jguthmiller@co.carver.mn.us Angie Stenson AICP Sr. Transportation Planner Carver County Public Works 952.466.5273 astenson@co.carver.mn.us Dan McCormick, P.E. PTOE Traffic Services Supervisor Carver County Public Works 952.466.5208 dmccormick@co.carver.mn.us 191216 Metropolitan District 1500 County Road B-2 West Roseville, MN 55113 September 7, 2021 MacKenzie Young-Walters Associate Planner City of Chanhassen SUBJECT: Lake Minnewashta House MnDOT Review #P21-043 0.18 mi W of Crimson Bay Rd Control Section: 1002 Chanhassen, Carver County Dear MacKenzie Young-Walters, The Minnesota Department of Transportation (MnDOT) has reviewed the above referenced survey and associated documents for Lake Minnewashta House, in compliance with Minnesota Statute 505.03, subdivision 2, Plats. Before any further development, please address the following: Traffic MN 5 is planned to expand to a four-lane roadway in this location. The access to MN 5 would be converted to a right-in/right-out as part of the project. Please contact Almin Ramic, South Area Traffic Safety, at 651-234-7824 or almin.ramic@state.mn.us with any questions. Drainage If any improvements are required to the driveway access at MN 5, documents need to be submitted to determine if a drainage permit is required. Please contact Jason Swenson, Water Resources Engineering, at 651-234-7539 or jason.swenson@state.mn.us with any questions. Noise MnDOT's policy is to assist local governments in promoting compatibility between land use and highways. Residential uses located adjacent to highways often result in complaints about traffic noise. Traffic noise from this highway could exceed noise standards established by the Minnesota Pollution Control Agency (MPCA), the U.S. Department of Housing and Urban Development, and the U.S. Department of Transportation. Minnesota Rule 7030.0030 states that municipalities having the authority to regulate land use shall take all reasonable measures to prevent the establishment of land use activities, listed in the MPCA's Noise Area Classification (NAC), anywhere that the establishment of the land use would result in immediate violations of established State noise standards. An equal opportunity employer 192217 Page 2 of 3 MnDOT policy regarding development adjacent to existing highways prohibits the expenditure of highway funds for noise mitigation measures in such developed areas. The project proposer is required to assess the existing noise situation and take the action deemed necessary to minimize the impact to the proposed development from any highway noise. If you have any questions regarding MnDOT's noise policy please contact Natalie Ries, Metro District Noise and Air Quality, at 651-234-7681 or Natalie.Ries@state.mn.us. Permits Any other work that affects MnDOT right-of-way will require an appropriate permit. All permits are available and should be submitted at: https://olpa.dot.state.mn.us/OLPA/. For questions regarding permit submittal requirements, please contact Buck Craig of MnDOT’s Metro District Permits Section at 651-775-0405 (cell) or buck.craig@state.mn.us. Review Submittal Options MnDOT’s goal is to complete reviews within 30 calendar days. Review materials received electronically can be processed more rapidly. Do not submit files via a cloud service or SharePoint link. In order of preference, review materials may be submitted as: 1. Email documents and plans in PDF format to metrodevreviews.dot@state.mn.us. Attachments may not exceed 20 megabytes per email. Documents can be zipped as well. If multiple emails are necessary, number each message. 2. For files over 20 megabytes, upload the PDF file(s) to MnDOT’s web transfer client site at: https://mft.dot.state.mn.us. Contact MnDOT Planning development review staff using the same email above for uploading instructions, and send an email listing the file name(s) after the document(s) has/have been uploaded. 3. A flash drive or hard copy can be sent to the address below. Please notify development review staff via the above email if this submittal method is used. MnDOT Metro District Planning Section Development Reviews Coordinator 1500 West County Road B-2 Roseville, MN 55113 You are welcome to contact me at (651) 234-7792, or david.kratz@state.mn.us with any questions. Sincerely, David Kratz Senior Planner Digitally signed by David Kratz Date: 2021.09.07 12:51:03 -05'00' 193218 Metropolitan District 1500 County Road B-2 West Roseville, MN 55113 Copy sent via email: Jason Swenson, Water Resources Buck Craig, Permits Doug Nelson, Right of Way Almin Ramic, Traffic Jason Junge, Transit Natalie Ries, Noise Diane Langenbach, Area Engineer Ryan Wilson, Area Manager Mohamoud Mire, South Area Support Mackenzie Turner Barger, Ped/Bike Jesse Thornsen, Ped/Bike Lance Schowalter, Design Cameron Muhic, Planning Tod Sherman, Planning Jordan Olson, Surveying Angie Stenson, Carver County Russell Owen, Metropolitan Council An equal opportunity employer 194219 From:Steve Gunther To:astenson@co.carver.mn.us; Eric.Johnson@bolton-menk.com; dmielke@co.carver.mn.us; abranhag@umn.edu; diane.langenbach@state.mn.us; Ross.Tillman@bolton-menk.com; Bender, George; hschnoes@minnehahacreek.org; Walters, MacKenzie Cc:Adam Dirlam; Chad Gauger; Helen Gunther; Kevin Zahler; sarah marek; Lacek, Scott; Steve Gunther Subject:Lake Minnewashta Development concerns - 21-20 Papke Parcel - Lake Minnewashta Peninsula Date:Thursday, October 7, 2021 10:55:49 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To representatives of: City of Chanhassen Carver County Minnesota Department of Transportation Minnehaha Creek Watershed District University of Minnesota Landscape Arboretum I am the President of Lake Minnewashta Preservation Association LMPA, https://lakeminnewashta.org/) and am writing on behalf of the LMPA board to voice our concern for the development proposed on the 21-20 Papke Parcel - Lake Minnewashta Peninsula http://www.ci.chanhassen.mn.us/1772/Lake-Minnewashta- Peninsula-Parcel-Varian. This proposed development appears to be a potential detriment to the lake environment, wetland environment and the neighborhood environment. Building on land that is so close to the high water level and installing a septic system so near to the lake appears to us to be irresponsible. We know with global warming/climate change that we can easily have significantly more rain and much higher lake levels. We need to pay attention to the science! The impact of a failing septic system on the lake could be significant. In addition, adding a new entrance to Highway 5 seems to be completely illogical. We are aware that MDOT has plans to change this stretch of Highway 5 into a four lane road in the future. We are also aware that both the Minnesota Landscape Arboretum and Crimson Bay Road have plans to change their connection to Highway 5. It seems to be very problematic to now introduce a new interruption into Highway 5. We are aware that the five vested parties are reviewing this variance request and that a report will be made available by October 14, 2021. We are also a very vested party and we wish to provide our input to that report as well. We hope and expect that experts from the PCA and DNR are also being consulted in regards to this potential multifold environmental hazard. Please keep us well informed on the next steps for this review so that we can work together to ensure the safety of our environment. Sincerely, Steve Gunther president, Lake Minnewashta Preservation Association stgunther@gmail.com 612-859-3729 Citizen | Investor | Multisports Enthusiast 195220 From:Field Notes To:Walters, MacKenzie Subject:Lake Minnewashta Peninsula Parcel Request for Variances Date:Wednesday, September 8, 2021 7:30:16 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I wanted to express my disappointment that a wetland on Lake Minnewashta is being considered for construction. Wetlands are diminishing and help filter our lakes. Also, I believe it would be a safety hazard having a driveway/road on already busy Highway 5. J. Lutz 196221 From:Kevin Zahler To:Walters, MacKenzie Subject:RE: Lake Minnewashta Peninsula Parcel Request for Variances, Case No. 2021-20 Date:Saturday, August 21, 2021 7:26:36 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. MacKenzie, Thanks much for your detailed response, we look forward to further action. In regards to point 5, I am concerned, we all know climate change is real and I think we need to pay attention to the science and the trends. We all know that the annual rain fall is increasing (aside from this year aberration), the trends are clear. We are approaching the new normal and it is important to pay attention to the trends. Once this is done it will be too late and there could be a significant environmental leak to Lake Minnewashta. Best regards, Kevin Zahler 1-612-618-9817 kjzahler@hotmail.com From: Walters, MacKenzie <MWalters@ci.chanhassen.mn.us> Sent: Friday, August 20, 2021 11:59 AM To: Kevin Zahler <kjzahler@hotmail.com> Subject: RE: Lake Minnewashta Peninsula Parcel Request for Variances, Case No. 2021-20 Kevin, The City and its partner agencies have not yet completed the review of this variance request, so I am unable to respond in detail to many of your questions. Due to the complexity of the case and number of agencies involved the City has exercised its right to extend the review period and has scheduled the public hearing for October 19th, 2021. A staff report containing the City’s recommendation, as well as any and all comments received from other agencies, should be available on October 14th, 2021. I have responded to your specific questions in red. Sincerely, MacKenzie From: Kevin Zahler <kjzahler@hotmail.com> Sent: Friday, August 20, 2021 9:47 AM To: Walters, MacKenzie <MWalters@ci.chanhassen.mn.us> 197222 Subject: Lake Minnewashta Peninsula Parcel Request for Variances, Case No. 2021-20 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello MacKenzie, This variance request has come to my attention and I have some concerns. 1. Has city engineering studied this situation? They are conducting their review of the request. 2. Has MCWD been involved in studying this variance? They have been informed of the variance and their comments have been requested as part of our standard agency review request. 3. Has MDOT, AATP and Carver county been involved in this variance? MNDOT has been informed of the variance and their comments have been requested as part of our standard agency review request. My understanding is that Engineering has reached out to both Carver County and AATP to solicit their comments as well. 4. A septic system this close to the lake in these modern times seems very wrong and unnecessary. The elevations on their survey indicate that the property is below the highest recorded water level, see below. This includes the septic system. I guess they will add fill? However, the septic system will still be below the water level in any case. I understand your concerns. The proposed septic system will need to meet all relevant state/county/city design standards. If it does, the City cannot disallow a design that that meets code. It will be the applicant and designers responsibility to demonstrate that it meets code. 5. The predictions due to climate change suggest that we will have much higher rain fall in the future. I think if you consult with climate predictors they will suggest much higher lake levels in the future. Variance requests are evaluated and ordinances are enforced based on current conditions. 6. AATP including MDOT have plans to install a 4 lane causeway through this area. That causeway is problematic due to the increased runoff of chlorides during freezing months. However, how will this property enter this future causeway? Plus, AATP, including the Arboretum have been very clear on safety issues related to highway 5. That is why they are moving the entrance to the arboretum to Minnewashta Parkway. Plus, Crimson Cay Road is being considered to close with a north entrance. Doesn’t is seem wrong to now allow another impedance to traffic plus the increased runoff from highway 5? MNDOT is responsible for Highway 5 and I would expect their comments to address these concerns. It seems that the city, Carver County, MDOT, MCWD, AATP need to perform a much better review of this request. Thanks for your help. I appreciate your concern; however, please understand that as of this date no review has been completed, nor have any recommendations been made. 198223 Minnewashta - 10000900 Carver County Water Level Data Period of record: 09/04/1957 to 08/09/2021 of readings: 1179 Highest recorded: 946.26 ft (06/20/2014) Lowest recorded: 942.2 ft (10/28/1988) Recorded range: 4.06 ft Last reading: 943.72 ft (08/09/2021) Ordinary High Water Level (OHW) elevation: 944.5 ft Datum: NGVD 29 (ft) Best regards, Kevin Zahler Pathfinder GS Corporation 6651 Minnewashta Parkway Excelsior, MN 55331 USA kjzahler@hotmail.com Alternate email: kjzahler1@gmail.com Office & Mobile phone +1-612-618-9817 WhatsApp, WeChat, Viber Skype: kevinzahler Make a difference! 199224 From:Allan Aho To:Walters, MacKenzie Subject:Lake Minnewashta peninsula variance Date:Friday, September 10, 2021 7:38:41 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. We live at 3890 Forest Ridge Circle, in a neighborhood just to the west of the proposed new residence on the peninsula. I cannot see how a residence could be built in this location that would have a safe connection to Highway 5. The point where the existing gravel drive from the property abuts Hwy 5 is a death trap in the making. Hwy 5 in this area is a narrow raised causeway, with two lanes, no center divider, and inadequate shoulders. Traffic volumes are high during most of the day, and traffic speeds are typically 50 mph plus, unless it is rush hour, and the area is backed up. If a private drive to an active residence were allowed here, every vehicle that entered or left this drive would be an opportunity to cause an accident. There are only two lanes, no shoulders, drop- offs on both sides, and no exit lane or bypass lane. How will school buses stop and wait safely to pick up the resident’s children? How will a garbage truck stop safely to pick up the trash? How will the US Mail safely stop to deliver the mail? How about the multiple visits by Amazon and UPS trucks that are part of modern shopping? How about the residents themselves, and visitors. How will they be able to safely make a left turn into the drive when approaching from the west? How about all the guests at a party, attempting to enter or leave the drive and pull out onto 5? I request that, in the interest of community safety, the variance be denied, and the development of the parcel for a residence not be allowed. Allan Aho 3890 Forest Ridge Circle Chaska, 55318 note, our address is in the City of Chanhassen) Sent from Mail for Windows 200225 From:Clay/Linda To:Walters, MacKenzie Subject:Lake Minnewashta Peninsula variance request. Date:Thursday, August 19, 2021 2:23:29 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Seriously? A single family home with a septic system on that piece of property? Ridiculous and unconscionable. Sent from my iPhone 201226 Steckling, Jean From: Sent: To: Subject: Project lmplementation l{rr-r!16) DOrr.!orrl It{12-tO.Ol jjpapke@gmail.com Tuesday, September 21, 2021 8:53 PM Walters, MacKenzie RE: Variance for Papke Property i r-2t G i.5) fial-4,Lallarlda.r r*-L. ihrdd.d Hadlri ri.rdta.rt G^*u CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you for the update MacKenzie. Please forward all responses that pertain to our property so that we can review prior to the variance meeting. With regard the county's comments, they do not agree with the final plan for the HWY 5 corridor. The work beginning in 2022 is between Minnewashta Parkway and Rolling Acres and does not impact our property. Please include the following documents in your presentation as there is no work proposed that impacts our property until, potentially, the Mid-term 2027-2031time frame. Furthermore, all plans beyond the short term are "unfunded and not approved" according to the project team and are "concept recommendation and vision" subject to change. I participated in all of the public meetings and discussed the plans and the impact to our property with all members of the team. C\^Mlsr'#I^,,"" E llc ?Ln E mr. lrribrrtlD n{r a lpadli( improItlru i lpr(fif 6m? li.l*]l 1*-- jJrr,I, i rrJ, lr.r, lg,irta xsrat toridaDa/r 0r5r-2) n0t5w6) Ll t'l 3) sbl 0r5u-{l rt rr.a Gr$r) lt tnrl rd.tto.hb!.'lrr cae..Eh 0{*-tl ..-.--L-.--- lthflt6onr i rval2)fi'r}a (ir!2-r)F.+- s I mplementation Approach w&t{) nr hr air Flh ro tl$oat o IEDd rmefirilo d rlDrtmg(rm Hnry. [$m[ e$ t: oli6 d Iido.ia. 0urla .d 0 illrlra[ m[ rrt Ptlr t5 ltttr rE ltlr I i Htw'r) I 202227 AP.sF*v* P?oi.<l S.qGrdaO C&gorl|. tt 9a.ldr,$d55b urffi -c.ffi 'llbE6ir9a-&t!It g..dr.t rr.r9db,a-. d.rr r4c, c4ffi b !rl..u 6rd d6+Ja-rrrrrah.rff6a{.r..9!r ia qi.ii.i{.a rlla T,.nnt t D.Ei6 * (hrr- lM rLbd 6$il.r ll4l bb ll+5iFIdt EO{6t' r h{9cF..r.ad.{ltu.d rn, Ei r16rtur.aorqlrDrlro!.fr l*rat t 9 16 r.t-!.rP.Y r-ag.art .#iild*ra o .Frr lrt!9 r6r@i a.ut- arfad6drnrhgld, 8 rd r.!9...\ 16 Aoa<n l'.{d.r' r ,lst Et rl& c.€<a$ x & o, dJ[j, Pa.Y.a,9..rm, rroi{r.t ils rrlL .F.lFt rru..hra rEdrd.-d d r.Iyi 4$!, '4r.'Dl,garr.r,F r{(u rrs r*r r 9..d rrw. d dY-eLdirnr6nrdrM-.rnqrl.s$adt! s tort .ld d tfrlr r.r .rL,tdr !tn. .qlrrt16or.i..t Da!..dD t n*nd.r, li trh nn ' 6ri!F[ nrt,nll.ar{9 i6 oi*u .il d.ora 4ldr'grt rEEa A 9i9.! l.br.,ad .r.6..iia, t*6 firr d6..n 6r'.,rh.taet. rr.:f..irp. I r r.9l..dit ilalbt rq6do4 rr.a. o, b.r.o.rltLt '* t Encgffi( Additionally, in recognition of the proposed long term plans for HWY 5, we had discussions with Mr. Pat Lambert, Carver County RoW Agent for RALF funds in February & March of 2021 regarding the potential for Carver County to acquire our property. Mr. Lambert made inquiries regarding our property, but as the proposed plans for HWY 5 are not funded or an approved project, he declined to pursue any efforts to acquire our property in the near term. ln summary, the input from Carver county to date should not provide any hesitation on the part of the Chanhassen Commission to approve our variance application. Respectfully Jeff and Deb Papke Sent from Mail for Windows From: Walters. MacKenzie Sentr Tuesday, September 21, 2021 5:26 PM To: iipa oke @sma il.com Subject: Variance for Papke Property Jeff and Deb, Carver County Public Works provided us with the attached letter in response to your variance request and asked that a copy of it be forwarded to you. 2 lmplementation Approach a-"7"f-- 203228 Sincerely, M a cKe nzie MacKenzie Young-Walters, AICP Associale Planner CITY OF CHANHASSEN PH. 952.227.11X? FX. 9[52.27 .1110 www.ci.chanhassen.mn. lEos 3 204229 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ss. COUNTYOFCARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on October 7,2021, the duly qualified and acting City Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing to consider a request for wetland buffer averaging, wetland setback variances, yard setback variances, and other variances for the construction of a single-family home, septic system, and driveway on a property zoned Rural Residential (RR), PID 25.0080200. Property Owner: Jeff and Deb Papke. Planning Case No.2021-20 to the persons named on attached Exhibit "A", by enclosing a copy ofsaid notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records ofthe County Treasurer, Carver County, Minnesota, and by other appropriate records. Kim T.Ci Clerk Subscribed and this?6 dayo swom to before me f ()<+al><<- JFTil M Noaty Ptrilb-tlh.t€€e Notary Publ c 202r. fat oottif-l E{f, l! 31, dEl 205230 Subject Parcel Disclaimel This map is neither a legally recorded map nor a sutuey and is not intended to be used as ooe. ilis map is a compilation of records, information and data located in various city, countv. state and tederal oftces and olher sources regardrng the area shown. and is to be uigd for reference purposes only. The Crty does not warranl lhat the GeograPhic lnformation System (GlS) Data used to prepare this map are enor free, and the City does not represenl thal the GIS Dala can be used tor navigalional, tracking or any other purpose requinng exacting measurement of distance or direction or preclsion in the clepictjon of geographic features The preceding disclaimer is provided pursuant to Minnesota Slatutes 5466.03, SuM. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any alamages. and expressly waives all daims, and agrees to defend, indemnir, and hold harmless the City from any aod all claims broughl bt User. its employees or agents. or third parties which arise out ol lhe use/s aca€ss or use of data provided. Dbclaimer This map is neither a legally recorded map nor a suruey and is not intended to be used as one. This map isa cofipilation of records, information and data located in various city county, slate and federaloffices and other sour@s regarding the aaea shown. and is to be used for reference purposes only The City does not wanant that the Geographic lniormation System (GlS) Oata used to prepare this map arc eror free, and the City does not represent that the Gls Data can be used for navigational, tracking or any other puDose requaring exacting measurement of distance or direction or preosion in the depictron of geographic features The preceding disclaimer is provaded pursuanl to Minnesota Statutes 5466.03, Subd. 21 (2000), and the use. of this map acknowledges that the City shall not be liable for any damages, and expressly waives all daims. and agrees to delbnd, indemnjfy, and hold harmless the City from any and all claims brought by LJser, its employees or agents. or thard parties which arise out of the useis access or use of data provided. 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F.i(o olF oqn F3 B= N=l-,2ooL.iqoz:s1,Yzx.' * zEH= o) o'Dclr!.o= o z6odo!.t +F ..r<$ 3UnEr-- t + 6 8=E<- rulto H NC'T< NFI zz o zZ) f;->* O r-ug(Jo FzYz 5 U< uJr!FO-E No @oo r',1 a\lo z 6ao6 TTJUx d. a zo G, Jo@ o t6 a oA 208233 Pursuant to Minnesota Statutes Chapter 103D, and on the basis of statements and information contained in the permit application, correspondence, plans, maps, and all other supporting data submitted by the applicant, and made a part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant named below for use and development of land in the Minnehaha Creek Watershed District. Issued to: Jeff Papke Permit No: 21-497 Location: PID: 250080200, Chanhassen Purpose: Erosion Control and Wetland Protection – Single Family Home Date of Issuance: 09/29/2021 Date of Expiration: 09/29/2022 By Order of the Board of Managers Erin Manlick Permitting Assistant This permit is not transferable without District approval, and is valid to the date of expiration. No activity is authorized beyond the expiration date. If the permittee requires more time to complete the project, an application for renewal of the permit must be received by the District at least 30 days before expiration. The applicant is responsible for compliance with all District Rules and for the action of their representatives, contractors, and employees. Conditions: Project to be completed as described in plans submitted to the MCWD office on August 18, 2021 according to the provisions of this permit. Recordation and submission of wetland buffer maintenance declaration within 30 days Properly install and maintain all required erosion control measures until the disturbed areas are re-stabilized Notify MCWD in writing upon completing installation of perimeter and sedimentation controls When the site is re-stabilized and the MCWD staff has performed a final inspection, all perimeter control must be removed 209234 Inspection/Analysis/Monitoring Fees A site inspection and monitoring by District staff will be performed where the activity involves: a commercial/industrial/multi-family residential development a single family residential development greater than 5 acres or of any size if within the Minnehaha Creek subwatershed any alteration of a floodplain or wetland dredging within the beds, banks or shores of any protected water or wetland a violation any project which in the judgment of the District staff should be inspected due to project location, scope, or construction techniques In these cases, the applicant shall pay to the District a fee equal to the actual costs of field inspection of the work, including investigation of the area affected by the work, analysis of the work, and any subsequent monitoring of the work, which in the case of a violation shall be at least $35. Standard Fee Schedule District professional staff $ 65.51* District clerical staff $ 46.69* Consulting Senior Engineer $ contracted rate Consulting Engineer/Technician $ contracted rate District Counsel $ contracted rate Application fee $ 10.00 Copy costs $ .25 + actual staff time Color copy costs $ 1.00 + actual staff time Hourly 210235 211236 From:thepjkeller@aol.com <thepjkeller@aol.com> Sent:Sunday, October 17, 2021 10:29 AM To:Walters, MacKenzie <MWalters@ci.chanhassen.mn.us> Subject:Lake Minnewashta Peninsula Project CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. MacKenzie, Thanks again for your time Friday afternoon, glad it all worked out. I meant to ask you about the lake peninsula project, but forgot. This summer there was some activity out there and the vehicles entering and exiting really messed up traffic on Hwy 5. Without adding a turn lane on Hwy. 5 to accelerate and decelerate at the driveway, it just isn't safe. I do not see a need for variances and I have a hard time believing a septic tank out there will not pollute the lake. Anyone else I should mention my concerns to? I appreciate your time and expertise. Thanks, Pete Keller 212237 CAMPBELL KNUTSON PROFESSIONAL + ASSOCIATION December 3, 2021 Elliott B. Knetsch Joel J.Jamnik Andrea McDowell Poehler Ms. Jean Steckling Soren M. Mattick City of Chanhassen David S. Kendall 7700 Market Boulevard Henry A. Schaeffer,III Alina Schwartz P.O. Box 147 Shana N. Conklin Chanhassen, MN 55317 James J. Monge,Ill Jerome M. Porter Re: Miscellaneous Recordings Leah C.M. Koch Meagan K. Kelley Benjamin J. Colburn Dear Ms. Steckling: Jared D. Shepherd Thomas J Campbell* Please find enclosed, for the City's files, the following documents that have been Roger N. Knutson* erecorded with Carver County: Retired 1 .Variance 2021-23 recorded October 25, 2021 as Document No. A735585; Interim Use Permit#2021-03 recorded November 22, 2021 as Document No. A737491; 3.Variance 2021-20 recorded November 22, 2021 as Document No. A737490; and 4.Conditional Use Permit No. 1988-17 recorded November 22, 2021 as Document No. T222341. Thank you. Very truly yours, CAMPBELL KNUTSON Professional Association Jean n, L t Grand Oak Office Center I 860 Blue Gentian Road Jmo Suite 290 Eagan,Minnesota 55121 Enclosures Main:651-432-S000 Fax:631-2 34-6237 www.ck-law.com 200786v8 238 Document Number: A737490 Filed and/or Recorded on Nov 22, 2021 8:59 AM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Deputy KL Document Recording Fees 46.00 Document Total 46.00 Requesting Party: City of Chanhassen Pages: 3 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2021-20 1. Permit. Subject to the terms and conditions set forth herein,the City of Chanhassen hereby grants the following variance: The Chanhassen Board of Appeals and Adjustments approves a wetland accessory structure buffer setback variance for the extension of a driveway, subject to the Conditions of Approval, and denies the requested wetland minimum buffer width and wetland principal structure setback variances. 2. Property. The variance is for a property situated in the City of Chanhassen,Carver County, Minnesota,and legally described as: All that part of Government Lot Five(5), Section(8),Township One Hundred Sixteen(116), Range Twenty-Three(23), lying Northerly of the Northerly right-of-way line of Minnesota State Highway Number Five(5),except that portion thereof platted as"Cedar Crest",according to the recorded plat thereof in the Office of the County Recorder, Carver County,Minnesota. Together with an appurtenant 30.00-foot wide perpetual non-exclusive roadway easement for vehicular and pedestrial traffic over that portion of Outlot A,Crimson Bay,Carver County, Minnesota, legally described as follows: Beginning at the southwesterly corner of said Outlot A;thence northerly along the westerly line a distance of 350.00 feet and there terminating.The easterly line of said easement shall be prolonged or shortened to terminate on the southerly line of said Outlot A. 3. Conditions.The variance approval is subject to the following conditions: 1. A building permit must be obtained prior to construction. 1 239 2. Building plans must provide sufficient information to verify that proposed the building/structure meets all requirements of the Minnesota State Building Code; additional comments or requirements may be required after plan review. 3. A recently conducted geotechnical evaluation of the building area shall be provided with the building permit application. 4. The applicant shall provide plans that meet Sec. 20-1122 of the City of Chanhassen Municipal Code for review and approval prior to any site improvements. 5. Any work that affects MnDOT right-of-way must obtain the appropriate permit from MnDOT prior to any site improvements. 6. The installation of a private well on the site shall meet all applicable jurisdictional requirements, including but not limited to the Minnesota Department of Health, and all applicable permits shall be obtained prior to any site improvements. 7. A survey showing proposed tree removal and preservation and an inventory of all trees on site 6 inches dbh and larger shall be submitted to the City. 8. A minimum of one tree (2.5"caliper) is required to be planted. 9. Must apply'for and receive all relevant permits and approvals from the Minnehaha Creek Watershed District prior to any site improvements. 10. The property owner shall have sole responsibility for assessing the existing noise situation and taking the action deemed necessary to minimize the impact from any highway noise. 11. A survey showing the extent of the floodplain must be provided. If portions of the septic system are within the floodplain, the applicant's septic design must meet the requirements for septic systems within a floodplain, and if fill is to be added within the floodplain the applicant must apply for and receive the required permits from the Minnehaha Creek Watershed District and a Conditional Use Permit from the City of Chanhassen. 4. Lapse. If within one(1)year of the issuance of this variance the allowed construction has not been substantially completed,this variance shall lapse. 2 240 Dated: October 19,2021 CITY OF CHANHASSEN a' tF;seater;,,,, BY: J O 14 Elise Ryan, Mayor Q ." Tr r AND: P # 54 1','; Laurie Hokkanen,City Manager tr\ quiflummer STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) I The foregoing instrument was acknowledged before me this lay of C 1 ete 2021 by Elise Ryan, Mayor,and Laurie Hokkanen,City Manager, of the City of Chanhassen, a Minnesota municipal corporation,on behalf of the corporation and pursuant to authority granted by its City Council. 1 . OTARY UBLIC KIM T. MEUWISSEN DRAFTED BY: Notary Public-Minnesota City of Chanhassen r My commission Expires Jan 31,2025 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 952)227-1100 g:\plan12021 planning cases\21-20 papke parcel-lake minnewashta peninsula resubmittaflvariance document 21-20.docx 3 241 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES,MINNESOTA FINDINGS OF FACT AND DECISION PARTIAL APPROVAL) IN RE: Application of Jeff and Deb Papke for variances from the minimum wetland buffer width, wetland principle structure buffer setback, and wetland accessory structure buffer setback to facilitate constructing a single-family home on a property zoned Rural Residential District(RR)—Planning Case 2021-20. On October 19, 2021,the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments,met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Rural Residential District (RR). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. The legal description of the property is: All that part of Government Lot Five(5), Section(8),Township One Hundred Sixteen(116), Range Twenty-Three(23), lying Northerly of the Northerly right-of-way line of Minnesota State Highway Number Five (5),except that portion thereof platted as"Cedar Crest",according to the recorded plat thereof in the Office of the County Recorder, Carver County, Minnesota. Together with an appurtenant 30.00-foot wide perpetual non-exclusive roadway easement for vehicular and pedestrial traffic over that portion of Outlot A,Crimson Bay, Carver County, Minnesota, legally described as follows: Beginning at the southwesterly corner of said Outlot A;thence northerly along the westerly line a distance of 350.00 feet and there terminating. The easterly line of said easement shall be prolonged or shortened to terminate on the southerly line of said Outlot A. 3. Variance Findings— Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the Comprehensive Plan. Finding: The property in question is zoned Rural Residential (RR) and guided in the 2040 Land Use Plan for residential low density development. Single-family dwellings are a permitted use in the RR district. It is in harmony with the intent of the zoning code and 1 242 consistent with the Comprehensive Plan to allow the owners of a parcel zoned and guided for single-family dwellings to construct a single-family home. The requested variance from the property's wetland accessory structure buffer setback for the expansion of the driveway is necessary to allow for access to the site's buildable area and the construction of a single- family home. The variances requested from the City's minimum buffer width and wetland principle structure buffer setback are not consistent or in harmony with the City's goal of providing the maximum possible protection to the City's sensitive environmental features. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties" as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The construction of a single-family home on the parcel is a reasonable use and is not possible solely due to the fact that the required wetland accessory structure buffer setback prohibits altering or expanding the existing driveway. For this reason a variance from the wetland accessory structure buffer setback should be approved to allow the applicant reasonable use of the parcel. The requested variances from the City's minimum buffer width and wetland principle structure setback are the result of the applicant proposing a home that does not fit within the property's buildable area. Based at the footprints of homes situated on comparably sized and zoned properties to the east, the minimum buildable area required for new lots during subdivision,the City's minimum standards for single-family homes, and the average size of new home reported by the 2020 census, the City has determined that a home providing reasonable use of the property could be constructed within the building pad allowed by the City Code. Since reasonable use of the property can be obtained without these variances, they should not be granted. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The plight of the landowner with regards to their inability to extend the driveway without a wetland accessory structure buffer setback variance is the result of the unique circumstances created by the parcel being a peninsula surrounded by wetland classified as preserve. The variances requested from the City's minimum buffer width standard and principle structure setbacks have their genesis in the size, location, and configuration of the applicant's proposed home. The parcel has a viable building area which could accommodate a home of a different size, location, and/or configuration without the need for these variances. 2 243 e. The variance, if granted, will not alter the essential character of the locality. Finding: The property is not near any other buildable lots and there are no neighbors in the traditional sense who would be impacted by the construction of a single-family home on the parcel; however, by virtue of being located on a peninsula jutting into a recreational development lake, the proposed structure would be readily visible by individuals enjoying the lake. The construction of a single-family home on a previously undeveloped parcel will necessarily be a change; however, allowing the construction of a single-family home on an appropriately zoned parcel would be consistent with the intended character of the locality. In order to minimize the impact to the sensitive environmental features on the parcel, the degradation of which could impact the essential character of the locality, only the wetland accessory structure buffer setback needed to accommodate the driveway expansion is approved. All other elements of the home will be required to adhere to the requirements of the City Code. f. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report#2021-20, dated October 19, 2021, prepared by MacKenzie Young-Walters et al. is incorporated herein. DECISION The Chanhassen Board of Appeals and Adjustments approves the wetland accessory structure buffer setback variance for the extension of a driveway, subject to the Conditions of Approval, and denies the requested wetland minimum buffer width and wetland principal structure setback variances. 1. A building permit must be obtained prior to construction. 2. Building plans must provide sufficient information to verify that proposed building/structure meets all requirements of the Minnesota State Building Code; additional comments or requirements may be required after plan review. 3. A recently conducted geotechnical evaluation of the building area shall be provided with the building permit application. 4. The applicant shall provide plans that meet Sec. 20-1122 of the City of Chanhassen Municipal Code for review and approval prior to any site improvements. 5. Any work that affects MnDOT right-of-way must obtain the appropriate permit from MnDOT prior to any site improvements. 6. The installation of a private well on the site shall meet all applicable jurisdictional requirements, including but not limited to the Minnesota Department of Health, and all applicable permits shall be obtained prior to any site improvements. 7. A survey showing proposed tree removal and preservation and an inventory of all trees on site 6-inches dbh and larger shall be submitted to the City. 8. A minimum of one tree (2.5"caliper) is required to be planted. 9. Must apply for and receive all relevant permits and approvals from the Minnehaha Creek Watershed District prior to any site improvements. 3 244 10. The property owner shall have sole responsibility for assessing the existing noise situation and taking the action deemed necessary to minimize the impact from any highway noise. 11. A survey showing the extent of the floodplain must be provided. If portions of the septic system are within the floodplain, the applicant's septic design must meet the requirements for septic systems within a floodplain, and if fill is to be added within the floodplain the applicant must apply for and receive the required permits from the Minnehaha Creek Watershed District and a Conditional Use Permit from the City of Chanhassen. ADOPTED by the Chanhassen Planning Commission this 19th day of October, 2021. CITY OF CHANHASSEN BY: 7>Y4;Mn Oven, Vice Chairman g:lplan12021 planning cases121-20 papke parcel-lake minnewashta peninsula resubmittal\findings of fact and decision papke parcel(partial approval)_vice chair.docx 4 245 Planning Commission Minutes – October 19, 2021 3 Commissioner Noyes noted they are really just extending the date with the relocation of the haul route and stockpile location. It is pretty straightforward in his opinion. Commissioner Johnson moved, Commissioner Alto seconded that the Chanhassen Planning Commission recommends that the City Council approve the amendment to the Interim Use Permit (IUP) to allow site grading by extending the completion deadline to one 1) year from City Council approval, and the haul route and stockpile location subject to the Conditions of Approval and adoption of Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: CONSIDER A REQUEST FOR SETBACK MAXIMUM SIZE VARIANCES FOR A WATER-ORIENTED ACCESSORY STRUCTURE (WOAS) AND A HEIGHT VARIANCE TO ALLOW A SIX-FOOT, SIX-INCH HIGH OPAQUE FENCE WITH THE REQUIRED FRONT YARD AND SHORELAND SETBACKS ON PROPERTY LOCATED AT 6609 HORSESHOE CURVE Commissioner Noyes moved, Commissioner Johnson seconded that the Chanhassen Planning Commission table this item: Request for Variances at 6609 Horseshoe Curve. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: CONSIDER A REQUEST FOR WETLAND BUFFER AVERAGING, WETLAND SETBACK VARIANCES, YARD SETBACK VARIANCES, AND OTHER VARIANCES FOR THE CONSTRUCTION OF A SINGLE-FAMILY HOME, SEPTIC SYSTEM, AND DRIVEWAY, PID 25.0080200 Associate Planner MacKenzie Young-Walters gave a presentation on Planning Case 2021-20. He clarified that if the Planning Commission approves or denies by less than a ¾ majority vote it automatically goes to the City Council on November 8, 2021. Alternatively, the decision can be appealed within a 4-day window where an appeal received in writing will refer this item to the City Council on November 8, 2021. This is a peninsula on Lake Minnewashta and the variances are from the minimum wetland buffer requirements and from the principal and accessory structure wetland setback to facilitate the construction of a single-family home on the lot. The parcel is zoned Rural Residential, is within the 1,000-foot Shoreland Overlay zone, is riparian, and the zoning district requires a 2.5-acre minimum lot area. Mr. Young-Walters shared the setbacks for Rural Residential and noted the widening of Highway 5 may alter the property’s access; access may be removed or converted to right-in, right-out. Highway 5 is not a City road, therefore MnDOT has jurisdiction over the access. The applicant is aware of all of these elements and development is at their own risk (noise, access, traffic, etcetera). The lot is 2.12 acres in size and the proposal is to extend the driveway and construct a home with porches, a patio, and a septic system. Mr. Young-Walters spoke about buffer averaging through the 246 Planning Commission Minutes – October 19, 2021 4 Watershed to shift the building pad 20 feet south. Buffer averaging is a practice allowed by the Watershed to vary the width of the buffer so long as the total square footage protected does not change. The City does not treat buffers like that but requires a flat minimum buffer width of 40 feet in this case. In order to allow the applicant to use buffer averaging with the Watershed, the City would have to grant a variance from the minimum buffer width standards. Mr. Young- Walters noted six residents have emailed the City expressing opposition to the requested variance; five residents have called (two requesting information and three in opposition). Staff’s assessment is that the applicant has the right to reasonable use of the property and a single-family home is a reasonable use. Staff feels most of the requested variances are due to the proposed home design occupying the entire buildable area. Staff recommends approval of the driveway wetland accessory structure buffer setback and denial of the minimum wetland buffer width and wetland primary structure buffer setbacks. Commissioner Alto asked when the City decided this lot would be acceptable for a single-family home; was that width a consideration with the Highway 5 revitalization. Mr. Young-Walters stated the parcel has been guided for single-family use going back to at least the 2020 land use plan. He does not believe it has been zoned anything other than RR. The City did not amend the land use as part of the 2040 Comprehensive Plan. Vice Chair von Oven asked if Carver County builds a bridge are they required to provide access to this property. Assistant City Engineer George Bender replied the access would go away and the property would need to be acquired because they would be denying the access to the property that is already established. He clarified if the access needed to be constructed to the bridge because the building was on the site and was not acquired, he expects the bridge would change elevations of the roadway bringing it up so that the connectivity of the wetlands would be established. There would have to be additional funds expended to create a different access to the property. MnDOT has stated it would be a right-in, right-out. Commissioner Alto asked if they approve this application and give them access from Highway 5, could that affect the actual final decision for whether or not they build the bridge for Highway 5 and do the revitalization of the wetland to connect through to the Arboretum. Mr. Young-Walters replied the applicant already has existing and legal access to Highway 5. The City is not granting any new access or any expansion to the existing access. Mr. Bender does not believe it would impact the Highway 5 project. Commissioner Johnson asked regarding the wetland buffer, the septic site is outside of that and asked if that is a viable spot to construct the septic. 247 Planning Commission Minutes – October 19, 2021 5 Mr. Young-Walters replied that the City Code allows for septics to be located within wetland buffers, and there are design standards that would need to be met. Matt Unmacht, former Water Resources Coordinator for the City, performed part of the wetland and natural resources review on this project. He clarified that staff is recommending approval of the driveway variance and not the buffer averaging variances because there is really no way to construct the driveway without the need for a variance at all. It is about what was feasible on the lot. Jeff and Deb Papke, Applicants, stated the driveway would not impact the wetland. Mr. Papke noted the buffer would allow the mound system to leave room to get in the garage. It also allows the distance from the driveway to the house to be shorter and gives an additional septic drain field area on the north side of the house. During the technical review, they found a piece of wetland on the adjacent neighbor’s property that stuck out quite a bit, forcing a bisection of the building location and with the buffers does not allow for a straight line for the house on the east border. Regarding the size of the house, 3,200 square feet is relatively modest and the garage and storage areas are sized for boats, vehicles, and an RV to be stored inside rather than in the yard. He spoke about other properties in the area and about a neighbor who had a variance approved which is a precedent for the Papke’s asking for a large garage on the footprint. Mr. Young-Walters reminded the Commissioners that the variance was approved on the condition that an otherwise theoretically buildable lot was combined to an existing parcel and lost building rights. Mr. Papke noted they submitted the same request to the Minnehaha Creek Watershed District MCWD) and the request was approved. He noted 3-4 of the requests that came from staff are now being suggested for denial by staff. He asked the Commissioners to review and approve the variances as they have been waiting 10 weeks and have lost time in the construction season this year. Vice Chair von Oven asked if the applicants were surprised that the three variances were denied and when did they find out. Mr. Papke replied they found out on October 14th. He spoke with staff about the reasons for denial and they cited the house was big enough and they could do it without having the size of a house they planned for. The Commissioners and the applicant spoke about septic locations. Mr. Young-Walters’ understanding from the Building Official is for a lot of record only one septic site is required. Commissioner Reeder asked if the septic location can be moved. 248 Planning Commission Minutes – October 19, 2021 6 Mr. Young-Walters replied that is out of his expertise but his understanding is that the soils on the site are very constrained and there are quite a few locations restrictions with setbacks, distance from the well, and from the proposed structure. Vice Chair von Oven opened the public hearing. Vice Chair von Oven closed the public hearing. Vice Chair von Oven noted that Commissioner Noyes has recused himself from this discussion for personal reasons. Commissioner Reeder does not see the reason to grant the extra variances. He thinks the Commissioners should grant the variance for the road. Commissioner Johnson is torn; he is on the fence. Vice Chair von Oven said in reading this multiple times, he always agrees that the applicant has reasonable use of the property. This one becomes tough because he stated when one settles on a house they want, that is what they want. Now it is in a place that is going to break a lot of the City rules; however, the Watershed does not have those rules. He is struggling a bit as he does not want to set more precedents for people coming with boatloads of variances. He thinks a reasonable use of a property can be accomplished without the other variances, excluding the driveway variance. Commissioner Alto moved, Commissioner Reeder seconded that the Chanhassen Planning Commission amend the Conditions of Approval and Findings of Facts and Decision by adding Condition 11: A survey showing the extent of the floodplain musts be provided. If portions of the septic system are within the floodplain, the applicant’s septic design must meet the requirements for septic systems within a floodplain, and if fill is to be added within the floodplain, the applicant must apply for and receive the required permits from the Minnehaha Creek Watershed District and a Conditional Use Permit from the City of Chanhassen. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Commissioner Noyes abstained. Commissioner Reeder moved, Commissioner Alto seconded that the Chanhassen Board of Appeals and Adjustments approves a wetland accessory structure buffer setback variance for the extension of a driveway, subject to the amended Conditions of Approval, and denies the requested wetland minimum buffer width and wetland principal structure setback variances, and adopts the amended Findings of Facts and Decision. 249 Planning Commission Minutes – October 19, 2021 7 All voted in favor and the motion carried unanimously with a vote of 4 to 0. Commissioner Noyes abstained. Mr. Young-Walters clarified if staff receives an appeal in writing by any party, whether the applicant, a resident, or any other participant before 4:30 p.m. on Monday, this would go before the City Council on November 8, 2021. APPROVAL OF MINUTES: APPROVAL OF PLANNING COMMISSION MINUTES DATED OCTOBER 5, 2021 Commissioner Noyes noted the summary Minutes of the Planning Commission meeting dated October 5, 2021 as presented. ADMINISTRATIVE PRESENTATIONS: CITY COUNCIL ACTION UPDATE Mr. Young-Walters shared that the City Council had a work session discussion October 11, 2021 regarding the Westwood Church property. Mr. Generous shared that the City Council requested that the developer hold a neighborhood meeting to get input from residents. The City Council also discussed conditional uses versus interim uses in the fringe business district off Flying Cloud Drive. Staff recommended amending all of the conditional uses to interim uses so eventually they will go away when sewer and water come down to that area. City Council requested additional information on it and then will bring it back for further discussion at a work session. Mr. Generous noted the Council approved the Lakeshore Equipment outdoor storage CUP. Finally, there will not be a Planning Commission meeting on November 2, 2021 as that is Election Day. ADJOURNMENT: Commissioner Alto moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Planning Commission meeting was adjourned at 8:20 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Jean M. Steckling 250 City Council Item November 28, 2022 Item Approve an Encroachment Agreement between the City of Chanhassen and Alissa Marie Gullo fka Alissa Marie Revak and Joseph Anthony Gullo File No.N/A Item No: E.7 Agenda Section CONSENT AGENDA Prepared By Stacy Osen, Administrative Support Specialist Reviewed By Charlie Howley SUGGESTED ACTION "The Chanhassen City Council approves an encroachment agreement allowing Alissa and Joseph Gullo to construct a retaining wall on the subject property that will encroach into the City's easement area located at 810 Lake Susan Hills Drive." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY Encroachment Agreements (EAs) are customary for when a property owner installs a physical improvement within a public easement. The EA generally provides an obligation to the property owner to allow the City to access, remove, or alter the improvement as part of any necessary work that may occur within the easement in the future; and that any cost associated with repairing or replacing the improvement would be at the property owner's expense, not the City's. BACKGROUND The property owners of 810 Lake Susan Hills Drive (Alissa and Joseph Gullo) have submitted a permit application to construct a retaining wall on the property, which is legally described as Lot 32, Block 3, Lake Susan Hills West 9th Addition. This improvement will encroach into the City's platted easement areas. In order to permit the improvement, the property owners must enter into an encroachment 251 agreement with the City. DISCUSSION The attached encroachment agreement was drafted by the City Attorney's office. The property owners have signed the encroachment agreement which requires City Council approval before the permit can be issued. Specific conditions are outlined in the agreement. Upon City approval and execution, the encroachment agreement will be recorded against the property. BUDGET N/A RECOMMENDATION Staff recommends approving the encroachment agreement. ATTACHMENTS Encroachment Agreement - 810 Lake Susan Hills Drive 252 (reserved fo r record i ng i nfo rmal io n) ENCROACHMENT AGREEMENT AGREEMENT made this day of 2022, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and ALISSA MARIE GULLO lka ALISSA MARIE REVAK AND JOSEPH ANTHONY GULLO, married to each other ("Owners"). 1. BACKGROUND. Owners are the fee owners of certain real property located in the City of Chanhassen, County of Carver, State of Minnesota, legally described as follows: Parcel No.25.3960460 Lot32, Block 3, Lake Susan Hills West 9th Addition (abstrac) having a street address of 810 Lake Susan Hills Drive, Chanhassen, Minnesota 55317 ("Subject Property"). The City owns easements for drainage and utility purposes over portions of the Subject Property ("Easement Areas"). Owners desire to construct a retaining wall under 3' in total height with drain holes through it so as not to direct water onto neighboring property on the Subject Property that will encroach into the City's Easements Areas as depicted on the attached Exhibit ..Atr. 224ll9vl 253 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in its Easement Areas on the Subject Property for the retaining wall subject to the conditions set forth in this Agreement. Further conditions of encroachment approval are as follow: The City shall have no responsibility to maintain or repair the retaining wall located within the Easement Areas. Owners agree that the retaining wall to be built will be 4' or less in total height, unless an engineered design for walls over 4' total height is submitted and approved by the City. The retaining wall located on the Subject Property must not impact or increase water drainage on the abutting properties or cause any adverse drainage patterns or erosion to the abutting properties. The piped drainage outlets going through the retaining wall would be required to have energy dissipation at the outlets of the piping to prevent erosion from affecting the shoreline or pond. The Owners, their heirs, successors and assigns, are fully responsible and liable for any and all damage caused to the retaining wall or resulting from construction and/or installation of the retaining wall within the Easement Areas. The Owners of the Subject Property will own and maintain the retaining wall. Further, Owners agree that the retaining wall shall be constructed consistent with all applicable federal, state and local laws and regulations. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the Easement Areas, Owners, for themselves, their heirs and assigns, hereby agree to indemnifu and hold the City harmless from any damage caused to the Subject Property, including the retaining wall located in the Easement Areas, caused in whole or in part by the encroachment into the Easement Areas. 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time if it is reasonably necessary for the City to occupy the Easement Areas by giving the then owner of the Subject Property thirty (30) days advance written notice, except that no notice period will be required in the case of an emergency condition as determined solely by the City and this Agreement may then be terminated immediately. The property owner shall remove that portion of the retaining wall to the extent it impacts the Easement o o a a a 224ll9vl 254 Areas to the effective date of the termination of this Agreement. If the owner fails to do so, the City may remove the retaining wall to the extent it impacts the Easernent Areas and charge the cost of removal back to the owner for reimbursement. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. CITY OF CHANHASSEN By (sEAL)Elise Ryan, Mayor And Laurie Hokkanen, City Manager STATE OF MINNESOTA COLTNTY OF CARVER The foregoing instrument was acknowledged before me this day of 2022, by Etise Ryan and by Laurie Hokkanen, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public ) )ss ) 224ll9vl 255 PROPERTY OWNERS: Gullo Revak STATE OF MINNESOTA COUNTY OF The OVe Yv\ DRAFTED BY: CfiIarsBI,I, KNUTSON, hofasionalAssocidion Grand Oak Offrce Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (65 1) 452-5000 AMP Notat tfuutic ) )ss. ) foregoing instrument was acknowledged before me this IB day of 2022, by Alissa Marie Gullo fka Alissa Marie Revak and Joseph Anthony Gullo, married to each other. \ Itii AMY K. WEIDMAN Notary Public-Minnesota My Commission Expkes Jan 31, 2027 224119v1 256 EXHIBIT "A" ., ...!, EXISTING CONDITIONS +' & /v 0) ,s{ $ \ : :.,1:-r c.i sr rE F@nxa str8- rDr l LOf AREA: 2,1tN 5C. f1. r.r99 so Fr. rar so Fr.9SOFI t4 s0. Fr J-A57 SO F. r8ar8 s0. Fr. t-- o o - EI'S,!'IG Cd{II'URS = IIECIF,C ratlEi , ^rR 60r0flto€F = OaS l.EtEt - UlL,l't WX - folNo vot{lrrErr - sEt r,oiutlExl- PROFOSIp E(fVr?Or 200 l"- --= ?0 rEr,T J,657 / 1A,1lE - m.gZ HA'A COf t'h-"!rr"v4u(dift W,?",y;. J ;.,PJ 3G a5 s-Y d{i .{ ,P I * turie | 0o.00 ,.: POvo ELEV-445.5 224ll9vl 42 ol J CERTIFICATE OF SURVEY 810 Lake Susan Hills Drive Chanhassen, MN 553'17 LEGEND AREAS II f D' 257 City Council Item November 28, 2022 Item Resolution 2022-XX: Approve Contract for Tree Injection Services for Emerald Ash Borer Treatment from Rainbow Treecare File No.Item No: E.8 Agenda Section CONSENT AGENDA Prepared By Jill Sinclair, Environmental Resource Specialist Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts Resolution 2022-XX Authorizing the Contract with Rainbow Treecare for Tree Injection Services for Emerald Ash Borer Treatment." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY The City of Chanhassen has been contracting for public ash tree injection services since 2017. The first contract, which was a three-year contract and extended for an additional three years, expired at the end of the season this year, 2022. A new contract is necessary to continue protecting and preserving public ash trees in our community on a two-year treatment rotation. BACKGROUND Emerald ash borer (EAB) was discovered for the first time in Minnesota in 2009 in St. Paul. Over the course of the next decade and a half, the pest spread steadily but slowly thanks to state and local efforts involving public education, quarantines, and removal of infested trees. The City of Chanhassen began its preparation for EAB in 2010 using its public tree inventory to discern parks that had high percentages of ash trees. These parks then became the focus of Arbor Day planting projects where trees from a variety of species were added to the site through volunteer plantings. This action aided in 258 reducing the impact of EAB and its resulting devastation by getting new trees established that would be unaffected by EAB. The Arbor Day park plantings have continued for the past 12 years, adding new species to City parks thereby reducing the effect of EAB on park landscaping. In the last five years, EAB was confirmed in nearby communities and the threat of EAB to public ash trees increased. In 2017, the City began chemical treatment of public ash trees to protect them. Ash trees selected for protection were 10 inches in diameter and greater. This diameter threshold was determined by a cost- benefit analysis of the cost of treatment for 20 years compared to the cost of removal and replacement of the tree. The treatment cost was found to be less for trees 10 inches and greater which provides substantial environmental benefits at that size. Treated trees are open-grown park and street trees. Ash trees in natural, wooded settings are not included in the treatment program with the exception of a handful of large-diameter ash along wooded park trails. DISCUSSION In 2017, the City of Chanhassen committed to preserving ash trees in the community by contracting with Rainbow Treecare to treat approximately 700 ash trees over three years. Emerald ash borer had not yet been confirmed in Chanhassen, but its discovery was inevitable. In preparation for that, the City began the treatment of ash in hopes of completing a three-year cycle of treatments before EAB was confirmed in the City. This plan was successful and treated public ash trees were successfully protected from infestation. The second round of treatments has been completed on all the trees. Emerald ash borer was confirmed in Chanhassen in January 2021 and the signs of the insect are visible now in many trees throughout the community. Ash tree treatment cycle will now be changed to a two-year rotation as the insect pressure increases. Rainbow guarantees that the tree will not die due to EAB if a treatment cycle of a two-year interval is followed. The contract proposal submitted is a two-year contract with the option of a two-year extension, provided both parties agree to the terms. This will continue the best protection of the City’s public ash trees and preserve essential canopy cover in our community. Two companies submitted bids for the ash tree treatments. Rainbow Treecare and Davey Tree Experts each completed a proposal for treatment. Treatments are priced by diameter inch. Rainbow Treecare submitted the lowest bid per diameter inch. This company has provided the last six years of treatment for the City and has performed the work exceptionally well. Staff recommends approval of the contract with Rainbow Treecare. BUDGET Tree injection services for ash tree treatment expenses are paid from the Forestry Budget. Anticipated annual costs will be between $25,000-35,000. Annual costs are dependent on the diameter sizes of trees treatment and vary from year to year. RECOMMENDATION Staff recommends authorizing a contract with Rainbow Treecare for a two-year contract, with an optional two-year extension, to treat emerald ash borer in public ash trees. ATTACHMENTS Resolution 2023 EAB RFP Appendix 2023 EAB RFP Davey Chanhassen 2023 EAB 259 Rainbow Treecare Bid for Chanhassen 2023 EAB Rainbow Treecare Professional Services Agreement 260 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 28. 2-22__RESOLUTION NO: 2022-XX MOTION BY: SECONDED BY: A RESOLUTION AUTHORIZING ENTERING INTO A CONTRACT WITH RAINBOW TREECARE FOR EMERALD ASH BORER TREATMENT WHEREAS,the City values its public ash trees and the economic, environmental, and social benefits they provide to the community; and WHEREAS,boulevard and park trees are considered green infrastructure and an asset to the community; and WHEREAS,Emerald Ash Borer is an introduced pest that attacks and kills all ash trees; and WHEREAS,the City solicited proposals for the chemical treatment of ash trees for their protection from emerald ash borer; and WHEREAS, two proposals were received and evaluated by City Staff. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby authorizes entering into a two-year contract with an option for a two-year extension with Rainbow Treecare for Emerald Ash Borer Treatments. PASSED AND ADOPTED by the Chanhassen City Council this 28th day of November, 2022. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 261 City of Chanhassen Tree Injection Services Proposal Due by 4p on November 9, 2022 Attachment A – Contractor Qualifications Contractor Business Name:__________________________________________________________ Mailing address: __________________________________________________________________ Contact for proposal: ______________________________________________________________ Contact phone:___________________________________________________________________ Contact email:____________________________________________________________________ 1. List number of years in business (5 years minimum): ____________________ 2. How many years of experience does the company have in performing plant health care or injection treatments for local units of government or other public agencies (3 years minimum): ___________________________________________________________ 3. List of References/Communities worked for (3 references minimum) within the last 3 years. Community Name, Contact Name, Phone Number, Last Work Date Community Name Contact Name Contact phone Work Dates 4. List names of person(s) who will supervise this proposal, number of years of experience, and ISA Certified Arborist number. Name Years of forestry experience ISA Certification number 5. List names of person(s) who will perform field inspections for this proposal (providing estimates and tree evaluations), number of years of experience, qualifications and ISA Certified Arborist number or Tree Inspector number, if applicable. Name Years of experience Qualifications ISA Cert # or MN Tree Insp. # 262 Attachment A – Contractor Qualifications Continued 6. List the size of the drill bit used to deliver treatment: _________________________________________________ 7. Please describe the guarantee, warranty period and eligibility for ash treatments: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 8. Does the company have the ability to assist with producing marketing and education materials for the program? Please describe or include examples of previous work and any ideas to reach out to Chanhassen residents. ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ 9. Does the company have the necessary tools, equipment, and staff to inventory injected trees and collect data to comply with the Tree Attribute Schema? If so, please explain equipment and method of delivery to the City. ___________________________________________________________________________________ ___________________________________________________________________________________ 10. Provide a brief, concise description that demonstrates your understanding of this project. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 263 Attachment B 2023-2026 PRICING PROPOSAL FORM – Public Trees Diameter range treated Price per inch (DBH) The city reserves the option, under the terms of the agreement with the contractor, to extend the contract for a two (2) year period. A cost-of-living adjustment to account for fuel prices may be included in the contract extension. Both city and contractor must agree to such terms in writing. Tree measurements shall be at 4 1/2 feet above ground. For the purposes of determining breast height, the ground includes the duff layer that may be present, but does not include unincorporated woody debris that may rise above the ground line. Tree diameters shall be rounded to the nearest whole number. The Contractor must provide pricing for all size classes. Failure to provide pricing for all items will render the contractor non-responsive. The DBH for multi-stemmed trees shall be determined by calculating the square root of the sum of all stem’s squared diameter. The Contractor must quote this proposal following the Specifications in this document, and must inject 4% Emamectin Benzoate based on the DBH and the Treatment Rate Chart. (Appendix A) 2023-2026 PRICING PROPOSAL FORM – Private Property Trees Diameter range treated Price per inch (DBH) Tree measurements shall be at 4 1/2 feet above ground. For the purposes of determining breast height, the ground includes the duff layer that may be present, but does not include unincorporated woody debris that may rise above the ground line. Tree diameters shall be rounded to the nearest whole number. The Contractor must provide pricing for all size classes. Failure to provide pricing for all items will render the contractor non-responsive. The DBH for multi-stemmed trees shall be determined by calculating the square root of the sum of all stem’s squared diameter. The Contractor must quote this proposal following the Specifications in this document, and must inject 4% Emamectin Benzoate based on the DBH and the Treatment Rate Chart. (Appendix A) 264 Treatment Rate Chart Appendix A Tree Diameter (DBH) (Inches) Low (ml. product/tree) Medium (ml. product/tree) Medium-High (ml. product/tree) High (ml. product/tree) 4 to 6 15 25 50 - 7 to 9 20 40 80 - 10 to 12 30 55 110 165 13 to 15 35 70 140 210 16 to 18 42 85 170 225 19 to 21 50 100 200 300 22 to 24 -115 230 345 25 to 27 -130 260 390 28 to 30 -145 290 435 31 to 33 -160 320 480 34 to 36 -175 350 525 37 to 39 -190 380 570 40 to 42 -205 410 615 43 to 45 -220 440 660 46 to 48 -235 470 705 49 to 51 -250 500 750 52 to 54 -265 530 795 55 to 57 -280 560 840 58 to 60 -295 590 885 61 to 63 -310 620 930 64 to 66 -325 650 975 67 to 69 -340 680 1020 70 to 72 -355 710 1065 265 EMERALD ASH BORER (EAB) TREATMENT PROJECT REQUEST FOR PROPOSALS Page 1 of 6 I. INTRODUCTION The City of Chanhassen is seeking a tree care contractor to perform a full range of services on public and private property related to the chemical treatment of ash trees for protection from EAB. A.RFP Content. This RFP contains the following sections: I.Introduction II.Project Information III.Proposal B.Addenda/Clarifications. Any changes to this RFP will be made by written addendum. Verbal modification will not be binding. C.Pre-Contractual Expenses. The city will not be responsible for any pre-contractual expenses. Pre-contractual expenses are defined as expenses incurred by the contractor in: Preparing its proposal in response to this RFP; Submitting that proposal to the City of Chanhassen; Negotiating with the City of Chanhassen any matter related to this proposal; or Any other expenses incurred by the contractor prior to the date of execution of the Proposed Agreement. D.Contract Award. Issuance of this RFP and receipt of proposals does not commit the City of Chanhassen to award a contract. The City of Chanhassen reserves the right to postpone opening for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with other than the selected contractor should negotiations with the selected be terminated, to negotiate with more than one contractor simultaneously, or to cancel all or part of this RFP. E. Contact Person.The contractor's contact for specific questions regarding information in this proposal is Jill Sinclair, City of Chanhassen, 7700 Market Boulevard, P.O. Box 147, Chanhassen,MN 55317, (952) 227-1133,jsinclair@chanhassenmn.gov. 266 Page 2 of 6 II. PROJECT INFORMATION City of Chanhassen Background The City of Chanhassen has approximately 1200 inventoried ash trees on public property. Around 800 ash fall within the size parameters eligible for treatment. The city began treating 1/3 of these public ash each year starting in 2017. The treatments are used as an ash management phasing plan for the eventual removal of poor quality or poorly located ash as well as the ongoing protection of valuable public ash trees. In 2022, the city switched to a two-year treatment plan for all public ash trees. Half of the public ash were treated in 2022. The second half will be treated in 2023. The city foresees maintaining this schedule for the indefinite future. Goals of the Program Protect ash trees from emerald ash borer infestation on city-owned properties including parks and right-of-way (ROW). Provide a bulk discount through a formal city program to encourage residents to proactively inject ash trees growing in their yards in order to preserve the city’s tree canopy and the accompanying economic and environmental benefits. Educate city residents about the benefits of tree injection treatments high-value ash trees as part of an overall EAB plan. Collect GPS points for injected ash trees growing in the right-of-way and private property in advance of an EAB infestation. The information will be used to ensure communication occurs before condemning potentially protected trees, and to gauge the participation and success of the program over time. Scope of Services City Property and ROW One-half of eligible public ash trees will be treated annually. All ash injections must be completed between June 1 and Sept. 30 of each year, or before fall color, whichever occurs sooner. The city reserves the right to increase or decrease the number of annual public tree treatments based on budget. If contractor personnel desire to access city property through private property, it is the responsibility of the contractor to gain permission of the underlying property owner prior to entering private property. Private property The homeowner will contact the contractor directly to initiate an inspection, receive a quote and provide permission. The contractor will inspect the ash trees on private property and determine whether they are appropriate for treatment. All ash injections must be completed between June 1st and September 30th of each year or before fall leaf color, whichever occurs sooner. Any variances in dates must be approved by the City’s Environmental Resources Specialist. 267 Page 3 of 6 All invoices will be remitted to the homeowner. All found EAB infested trees must be reported to the city. Equipment and Treatment Specifications Trunk Injections It is the responsibility of the contractor to follow all insecticide label instructions. Any alterations in the formulations or equipment must be approved in advance by the city forester. In order to remain responsive to emerging research, the city reserves the right to request a change in formulation rates or application methods for the duration of the contract. Any such change and additional costs incurred would be agreed to in written correspondence between the contractor and the city. Formulation Rates All injections of ash trees must be with a liquid formulation of emamectin benzoate every two years. No substitutions of the formulations shall be allowed. Contractors must inject emamectin benzoate at the medium rate specified in the chart in Appendix (A). Determination of dosage shall be on the inches of diameter at breast height (DBH) within specific diameter classes listed in Appendix (A). Injections must be made at the soil line to ensure the best distribution of the insecticide throughout the tree. The contractor may have to pull back mulch, grass, or soil. It is the responsibility of the contractor to follow all insecticide label instructions. Any alterations in the formulation or equipment must be approved in advance and in writing by the city. In order to remain responsive to emerging research, the city reserves the right to request a change in formulation rates or application methods for the duration of the contract. Any such change and additional costs incurred would be agreed to in writing between the city and the contractor. Equipment It is the responsibility of the contractor to provide all necessary equipment to complete the contract under these specifications: Equipment must remain in proper operating condition throughout the term of the contract. The contractor is responsible for cleaning and providing upkeep to the injection system on a daily basis. Any maintenance issues or repairs are the sole responsibility of the contractor. Contractor must use a high-helix drill bit and must replace the drill bits after every 100 DBH inches to maintain high efficiency. Drilled holes must be the size recommended by the injection equipment manufacturer. The city may give preference for injection systems that require the smallest diameter holes. Indicate the diameter of drilled holes in Attachment (A) - Contractor Qualifications. Injection holes on ash must be drilled to a depth of approximately 1 inch below the bark to maximize delivery of emamectin benzoate into ash trees. Emamectin benzoate must be injected into ash trees using current industry standard injection systems that have efficacy data that supports their use. All injected trees must be tagged with the year of injection clearly indicated on the tag. The tags must be of a design and type that can persist on the tree for at least 3 years. Each treated tree shall be GPS inventoried and tree attributes be recorded according to required schema supplied by the City of Chanhassen. 268 Page 4 of 6 GIS/GPS Requirements All injected trees must be tracked with points by the successful proposer. Tree points will be represented by a point feature class within a file or personal geodatabase (*.gdb or *.mdb) compatible with the most current version of Esri’s ArcGIS for Desktop. Point feature attributes must include attributes matching the schema of the Tree Feature Class provided by the city in addition to any attributes recorded for the program. Tree Feature Class Attributes The successful proposal must furnish the GPS points compatible with Esri’s ArcGIS for Desktop version 10.8.1 or later and be saved as a Feature Class in the Carver County Coordinate system. Tree points will be represented by a point feature class within a file or personal geodatabase (*.gdb or *.mdb). Point feature attributes must include attributes matching the schema of the Tree Feature Class provided by the city in addition to any attributes recorded for the program. Every effort should be made to collect x-y coordinates within 5 meters of the tree. In the event this accuracy cannot be met, horizontal accuracy of 20 meters will be accepted if verified with aerial photography to ensure the approximate location of the tree on a property. The contractor will record all attributes for each tree injected in a Tree Feature Class based on the system provided. The current city tree inventory feature class will be available to the successful contractor to use as a model for data collection. Private Property Tree Inspections Prior to recommending treatment, all proposed ash must be inspected by a qualified individual employed by the contractor. There may be instances when a tree is not in suitable health or condition to recommend treatment and the contractor must have an individual experienced in communicating tree information to the general public relay that assessment clearly and definitively. The person assigned to inspect the trees must be, at the very minimum, a Certified Minnesota Tree Inspector, or have a degree in forestry, or be an ISA Certified Arborist. The individual must be qualified to diagnose emerald ash borer and have experience evaluating tree condition. Additionally, the individual must be able to explain the benefits and risks of all ash protection options, with regard to pollinators, water quality, human health, and tree health and condition. Contractor Qualifications Contractors Contractors must be a properly insured, respected, financially viable company that has been in business for at least five (5) years, with at least three (3) years of experience performing plant health care or injection treatments for local units of government or other public agencies. There must be at least one ISA certified arborist available to supervise the program and the application crew(s). All members of the application crew must be licensed commercial pesticide applicators. The proposer must have at least one person available to GPS each tree injected on public property for inclusion in the city’s tree inventory. Each proposer must provide a list of three (3) municipal or public agency references. Each reference must include the name and address of the jurisdiction where the proposer has performed similar work and the name and daytime telephone 269 Page 5 of 6 number of an individual who still works for the jurisdiction for contact. The work should not be more than three (3) years old. Superintendence by Contractor The contractor must have a competent superintendent who is an ISA-certified arborist supervising all application crews and maintaining communication with the city. The contractor must also provide an adequate and qualified staff certified for the proper coordination and expediting of work under this agreement. Resumes/lists of qualifications must be included in the proposal, see Attachment (A) – Contractor Qualifications. Contractor Proficiency Applicators must demonstrate proficiency with the injection equipment and knowledge of the products used to prevent EAB. Assigned applicators may be required to provide an on-site demonstration prior to the start of the project. Contract Period and Project Completion Dates The contract will commence on the date of the contract award and terminate October 30, 2026, unless terminated sooner in accordance with the provisions contained in this proposal. The city reserves the option, under the terms of the agreement with the contractor, to extend the contract for a two (2) year period. A cost-of-living adjustment to account for fuel prices may be included in the contract extension. Both city and contractor must agree to such terms in writing. III. PROPOSAL A. Submission of Proposal.Submit the proposal in either hard copy or digital format to: Jill Sinclair, Environmental Resources Specialist City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 jsinclair@chanhassenmn.gov Proposals shall be received by 4:00 p.m., Wednesday, November 9, 2022. Proposals received after this time will not be accepted. B. Proposal Format.Proposals shall use the included Attachments and, if needed, use additional pages prepared two-sided on 8½" x 11" paper, with all text clear of binding. Use of 11" x 17" fold-out sheets for large tables, charts or diagrams is permissible but shall be limited. The proposal shall be clear and understandable when reproduced in black and white. C. Evaluation Criteria. The successful proposal will meet all of the submission and minimum qualifications required in the RFP. Proposals will be evaluated on the quality of methodology, thoroughness of program design, scope of services, ability to perform all 270 Page 6 of 6 required services and comprehensive service plan. Organizational capacity will also be evaluated by evidence of adequate staff, resources and professional ability to meet requested services. A qualified contractor will be able to provide evidence of prior successful experiences in the provision of services. The cost of services will be evaluated as to reasonableness of total cost and comparison with other proposals as well as the price offered to Chanhassen residents. D. Understanding of the Project. The consultant shall provide a brief, concise description that demonstrates the contractor's understanding of the project and what needs to be done to successfully complete the work scope. This section shall not be more than one page. E. Exceptions and Deviations.The contractor may include other services outside the scope of this proposal that the firm feels may be needed. The contractor also may propose cost-saving items. Any exceptions to the requirements in this RFP, including the language in the contractual terms, must be included in the proposal. If the contractor proposes changes to the scope of work, include a description, reason for the change and added/deducted costs. Segregate all exceptions as a separate element of the proposal under the heading "Exceptions and Deviations". 271 CITY OF CHANHASSEN- 2023EMERALD ASH BORER PROJECT C O M M E R C I A L S E R V I C E S P R O P O S A L Prepared for: Jill Sinclair Environmental Resources Specialist Prepared by: Cindy Grady, 272 Chanhassen EAB 2023 Jill Sinclair Environmental Resources Specialist City of Chanhassen 7700 Market Boulevard Chanhassen 2023 EAB Dear Jill Sinclair, On behalf of The Davey Tree Expert Company, we are pleased to submit this proposal for 2023 Emerald Ash Borer Treatment Project . We view this contract as a partnership between City of Chanhassen and Davey. Davey is proud of its reputation as a cost-effective and responsive provider of quality tree care, grounds management and environmental consulting services. For over 140 years, we have been dedicated to continual improvement for our clients, employees and the environment. One of our greatest strengths is the open communication among Davey operations nationally where the sharing of best practices actively takes place. We will make every attempt, through these best practices, to ensure that the City of Chanhassen receives improved value each year. Our objective is to increase the level of service, improve safety and mitigate risk as well as enhance the aesthetic value of the property without annual increases. We base this objective on our projected efficiencies, leadership and continuity in performing the weekly tasks. Thank you for the opportunity to submit our proposal. If we can be of any assistance, please contact me at 651.230.9595. Sincerely, Cindy Grady The Davey Tree Expert Company Cindy Grady 273 C O N T E N T S Page 01 - Cover Letter Page 02 - Table of Contents Page 03 - 06 - Davey Bid Submittal Page 07 - 08 - EAB Marketing Sample (Many more are available) Page 09 - EAB - Marketing Sample - video (Many more are available) Page 10 - 11 - EAB Marketing Sample (Many more are available) Page 12 - 13 -TreeKeeper Flyer (Sample for question #9) T H E D A V E Y T R E E E X P E RT C O M P A N Y |D A V E Y . C O M 2 274 T H E D A V E Y T R E E E X P E RT C O M P A N Y |D A V E Y . C O M 3 275 T H E D A V E Y T R E E E X P E RT C O M P A N Y |D A V E Y . C O M 4 276 T H E D A V E Y T R E E E X P E RT C O M P A N Y |D A V E Y . C O M 5 277 T H E D A V E Y T R E E E X P E RT C O M P A N Y |D A V E Y . C O M 6 278 7 279 8 280 T H E D A V E Y T R E E E X P E RT C O M P A N Y |D A V E Y . C O M 9  Click to play video in browser Davey Tree Expert Company - Marketing and Educational Sample - video format (one of many samples) 281 10 282 11 283 12 284 13 285 City of Chanhassen Tree Injection Services Proposal Due by 4p on November 9, 2022 Attachment A – Contractor Qualifications Contractor Business Name: Rainbow Treecare Mailing address: 11571 K-Tel Dr. Minnetonka, MN 55343 Contact for proposal: Ryan Spencer Contact phone: (952) 217 9776 Contact email: rspencer@rainbowtreecare.com 1. List number of years in business (5 years minimum): 46 2. How many years of experience does the company have in performing plant health care or injection treatments for local units of government or other public agencies (3 years minimum): 40+ 3. List of References/Communities worked for (3 references minimum) within the last 3 years. Community Name, Contact Name, Phone Number, Last Work Date Community Name Contact Name Contact phone Work Dates City of Maple Grove Kelly Matzke 763-494-6365 2022 City of Brooklyn Park Greg Hoag 763-493-8350 2022 City of Minnetonka Hannibal Hayes 952-988-8436 2022 City of Hastings Theodore Lucas 651-480-6177 2022 City of Lino Lakes Andrew Nelson 651-982-2465 2022 City of Champlin Charlie Lehn 763-923-7163 2022 City of Burnsville Brian Ulvin 952-895-4508 2022 City of Fridley Rachel Workin 763-572-3594 2022 City of Columbia Heights Liam Genter 763-706-3708 2022 4. List names of person(s) who will supervise this proposal, number of years of experience, and ISA Certified Arborist number. Name Years of forestry experience ISA Certification number Ryan Spencer 4 MN-4926A Danielle Asper 5 MN-4807A 5. List names of person(s) who will perform field inspections for this proposal (providing estimates and tree evaluations), number of years of experience, qualifications and ISA Certified Arborist number or Tree Inspector number, if applicable. 286 Name Years of experience Qualifications ISA Cert # or MN Tree Insp. # Dan Bird 15+ ISA Certified Arborist MN-4360A Hannah Tuomi 4 ISA Certified Arborist MN-4865A Attachment A – Contractor Qualifications Continued 6. List the size of the drill bit used to deliver treatment: 15/64" 7. Please describe the guarantee, warranty period and eligibility for ash treatments: Rainbow Treecare guarantees your ash tree will not die from an Emerald Ash Borer (EAB) infestation while under our warranty. If your ash tree dies from an EAB infestation while under our guarantee, you will be refunded your last EAB treatment cost. We will deliver treatments using research tested products using the most up to date protocols to provide for optimal effectiveness. We will visually inspect your protected tree(s) every 1-2 years to examine for evidence of Emerald Ash Borer infestation. This inspection may take place at the time of re-treatment. We are available to look at your tree at any time should you be concerned about its condition. This guarantee is fully transferable to a new property owner. Our trunk injected Emamectin benzoate EAB guarantee will begin upon treatment and will last for two years from the date of treatment. The guarantee will not lapse if the re-treatment has been approved prior to the expiration of the two year warranty period and your account is in good standing. Rainbow Treecare reserves the right to treat ash trees with signs of infestation, or in a visually infested area, without a warranty. Non-warranty status of treatments will be determined at time of bidding and will be clearly labeled on the treatment contract. 8. Does the company have the ability to assist with producing marketing and education materials for the program? Please describe or include examples of previous work and any ideas to reach out to Chanhassen residents. Yes—Rainbow Treecare currently partners with over 30 cities throughout the Twin Cities metro and has been a national leader in communicating the impacts of EAB since 2004. 287 Rainbow Treecare has the ability to create co-branded, direct mail post cards informing residents of the presence of EAB in the community, and the bulk treatment discount (example attached). In addition to physical mailers, Rainbow Treecare can create a city specific landing page for the program (example attached). Rainbow Treecare also has an existing library of photos, informational graphics, and videos that can be shared with residents on Rainbow’s social media channels, or by the City on it’s website or social media pages. Homeowner mailer and City landing page: 288 289 9. Does the company have the necessary tools, equipment, and staff to inventory injected trees and collect data to comply with the Tree Attribute Schema? If so, please explain equipment and method of delivery to the City. Yes. Rainbow Treecare utilizes an enterprise level ArcGIS system and can provide tree injection data as a shapefile, geodatabase, or table. All Rainbow Treecare injection technicians are issued a tablet to utilize Rainbow’s operational software to track treatments. Technicians track location, size, species, injection date, product applied, and amount of product applied for each treatment. All of this information can be sent to the City. 10. Provide a brief, concise description that demonstrates your understanding of this project. Rainbow Treecare takes pride in being a national leader in EAB protection and education. With over 30 municipal EAB partnerships, and 60,000 trees under protection, we understand what it takes to show residents that tree protection offers a lower cost, higher benefit outcome than removal and replacement. Rainbow Treecare has a full staff of Arborists, Technicians, and other support staff to treat Chanhassen’s public trees, and handle treatment requests for trees on private property. We look forward to the opportunity to serve the City of Chanhassen and its residents in an effort to preserve their valuable urban canopy. 290 Attachment B 2023-2026 PRICING PROPOSAL FORM – Public Trees Diameter range treated Price per inch (DBH) All diameter ranges $4.35 The city reserves the option, under the terms of the agreement with the contractor, to extend the contract for a two (2) year period. A cost-of-living adjustment to account for fuel prices may be included in the contract extension. Both city and contractor must agree to such terms in writing. Tree measurements shall be at 4 1/2 feet above ground. For the purposes of determining breast height, the ground includes the duff layer that may be present, but does not include unincorporated woody debris that may rise above the ground line. Tree diameters shall be rounded to the nearest whole number. The Contractor must provide pricing for all size classes. Failure to provide pricing for all items will render the contractor non-responsive. The DBH for multi-stemmed trees shall be determined by calculating the square root of the sum of all stem’s squared diameter. The Contractor must quote this proposal following the Specifications in this document, and must inject 4% Emamectin Benzoate based on the DBH and the Treatment Rate Chart. (Appendix A) 2023-2026 PRICING PROPOSAL FORM – Private Property Trees Diameter range treated Price per inch (DBH) All diameter ranges $7.25 Tree measurements shall be at 4 1/2 feet above ground. For the purposes of determining breast height, the ground includes the duff layer that may be present, but does not include unincorporated woody debris that may rise above the ground line. Tree diameters shall be rounded to the nearest whole number. The Contractor must provide pricing for all size classes. Failure to provide pricing for all items will render the contractor non-responsive. The DBH for multi-stemmed trees shall be determined by calculating the square root of the sum of all stem’s squared diameter. The Contractor must quote this proposal following the Specifications in this document, and must inject 4% Emamectin Benzoate based on the DBH and the Treatment Rate Chart. (Appendix A) 291 Treatment Rate Chart Appendix A Tree Diameter (DBH) (Inches) Low (ml. product/tree) Medium (ml. product/tree) Medium-High (ml. product/tree) High (ml. product/tree) 4 to 6 15 25 50 - 7 to 9 20 40 80 - 10 to 12 30 55 110 165 13 to 15 35 70 140 210 16 to 18 42 85 170 225 19 to 21 50 100 200 300 22 to 24 - 115 230 345 25 to 27 - 130 260 390 28 to 30 - 145 290 435 31 to 33 - 160 320 480 34 to 36 - 175 350 525 37 to 39 - 190 380 570 40 to 42 - 205 410 615 43 to 45 - 220 440 660 46 to 48 - 235 470 705 49 to 51 - 250 500 750 52 to 54 - 265 530 795 55 to 57 - 280 560 840 58 to 60 - 295 590 885 61 to 63 - 310 620 930 64 to 66 - 325 650 975 67 to 69 - 340 680 1020 70 to 72 - 355 710 1065 292 1 201749v1 PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this ________ day of ___________________, 20__, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and RAINBOW TREECARE "Contractor"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Contractor for emerald ash borer treatments. The Contractor shall complete the work on City owned trees no later than August 30th of 2023 and 2024 and complete work on Private Property ash trees no later than September 30th of 2023 and 2024 or before fall leave change, whichever arrives first. 2. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents," all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Professional Services Agreement; B. Request for quote – Emerald Ash Borer Treatment Project, dated Oct. 11, 2022; C. Insurance Certificate; D. Contractor Rainbow Treecare’s, 2022 proposal for Tree Injection Services (“Proposal”). In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts, with Contract Document “A” having the first priority and Contract Document “D” having the last priority. 3. COMPENSATION. Contractor shall be paid by the City for the services described in the Proposal a not to exceed fee of Thirty-five Thousand Dollars ($35,000) annually, inclusive of expenses. Services performed directly by Contractor shall be paid at a diameter inch rate of $4.35 in accordance with the Proposal, subject to the not to exceed fee. The not to exceed fees and expenses shall not be adjusted if the estimated hours to perform a task, the number of required meetings, or any other estimate or assumption is exceeded. Contractor shall bill the City at the completion of the project. Payment shall be made by the City within thirty-five (35) days of receipt of an invoice. 4. DOCUMENT OWNERSHIP. All reports, plans, models, diagrams, analyses, and information generated in connection with performance of this Agreement shall be the property of the City. The City may use the information for its purposes. DocuSign Envelope ID: 38F8ECBE-0757-44F1-BD1A-8F2385832AF6 293 2 201749v1 5. CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the City. No payment will be due or made for work done in advance of such approval. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 7. STANDARD OF CARE. Contractor shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional Contractor under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s services. 8. INDEMNIFICATION. Contractor shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the execution or performance of the services provided for herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. 9. INSURANCE. Contractor shall secure and maintain such insurance as will protect Contractor fromclaimsundertheWorker’sCompensationActs,automobileliability,andfromclaims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $2,000,000 each occurrence/aggregate Automobile Liability $2,000,000 combined single limit Professional Liability $2,000,000 each occurrence/aggregate The City shall be named as an additional insured on the general liability policy on a primary and non- contributory basis. Before commencing work, the Contractor shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. 10. INDEPENDENT CONTRACTOR. The City hereby retains Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor’s performance under this Agreement. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees are in any manner agents or employees of the City. Contractor shall be exclusively responsible under this Agreement for Contractor’s own FICA payments, workers compensation payments, unemployment compensation payments, DocuSign Envelope ID: 38F8ECBE-0757-44F1-BD1A-8F2385832AF6 294 3 201749v1 withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Contractor shall comply with Minnesota Statutes § 471.425. Contractor must pay subcontractors for all undisputed services provided by subcontractors within ten (10) days of Contractor’s receipt of payment from City. Contractor must pay interest of one and five-tenths percent (1.5%) per month or any part of a month to subcontractors on any undisputed amount not paid on time to subcontractors. The minimum monthly interest penalty payment for an unpaid balance of One Hundred Dollars ($100.00) or more is Ten Dollars ($10.00). 12. CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Carver County Minnesota. 13. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 14. COPYRIGHT. Contractor shall defend actions or claims charging infringement of any copyright or software license by reason of the use or adoption of any software, designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 15. PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contract requires, or the Contractor desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, the Contractor shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the Contract, and shall indemnify and DocuSign Envelope ID: 38F8ECBE-0757-44F1-BD1A-8F2385832AF6 295 4 201749v1 defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement. 16. RECORDS. Contractor shall maintain complete and accurate records of hours worked and expenses involved in the performance of services. 17. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 18. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof, as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 20. TERMINATION. This Agreement may be terminated by the City for any reason or for convenience upon written notice to the Contractor. In the event of termination, the City shall be obligated to the Contractor for payment of amounts due and owing including payment for services performed or furnished to the date and time of termination. Dated: _______________, 20__. CITY OF CHANHASSEN BY: _____________________________________________ Elise Ryan, Mayor BY: _____________________________________________ Laurie Hokkanen, City Manager Dated: _______________, 20__. _______________________ BY: _____________________________________________ Its DocuSign Envelope ID: 38F8ECBE-0757-44F1-BD1A-8F2385832AF6 11/21/2022 Ryan Spencer Municipal Consulting Arborist Rainbow Treecare 296 City Council Item November 28, 2022 Item Resolution 2022-XX: Authorize Contract for Geotechnical Services for the 2023 City Pavement Rehabilitation (#23-01) and 2023 Mill & Overlay (#23-04) Projects File No.ENG project numbers 23-01 and 23-04 Item No: E.9 Agenda Section CONSENT AGENDA Prepared By George Bender, Assistant City Engineer Reviewed By Charlie Howley SUGGESTED ACTION "The Chanhassen City Council approves a professional services agreement with American Engineering Testing for geotechnical exploration and engineering services for the 2023 Annual Street Improvement Project." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY The 2023 pavement rehabilitation projects require geotechnical exploratory services in preparation for the design phases of the projects. A consulting services contract is needed to facilitate the geotechnical scope of work for the project. BACKGROUND On November 2, 2022, the Engineering Department released a Request for Proposals (RFP) for the geotechnical services required for both of these projects. DISCUSSION 297 The Engineering Department prepared an RFP and solicited proposals from American Engineering Testing and Braun Intertec for the pavement and support aggregates/soil exploration, sample testing, and geotechnical engineering services required for the project. Mapping of the project areas for the project have been attached and included in the RFP. Both firms submitted proposals for the following amounts: American Engineering Testing (AET) - $32,749 Braun Intertec - $41,875 The proposals were reviewed to compare the proposed work scope, sequencing, and estimated costs. Each of the firms are capable of completing the required work and have successfully completed similar work in the past for the City. Based on the review of proposals by Engineering Staff, we recommend that AET be selected for the work. As with all engineering contracts, the consultant will submit periodic invoices that Staff will review before processing. Staff will review the invoices for accuracy and conformance with the contract. Funding for the geotechnical services is programmed within the overall project budget. BUDGET The fee proposed is within the overall project budget for engineering services which is customarily around 12% of the construction cost. RECOMMENDATION Staff recommends the City Council adopt a resolution authorizing a contract with AET for the 2023 Street Improvement Project geotechnical services. ATTACHMENTS Resolution City of Chanhassen 2023 Geotechnical RFP CIP Project ST-012 Streets 5-Year CIP 11x17 - 2023-2027 BRAUN Proposal AET Proposal FORM OF AGREEMENT - PROFESSIONAL SERVICES AGREEMENT 298 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 28, 2022 RESOLUTION NO:2022-XX MOTION BY: SECONDED BY: A RESOLUTION AWARDING A CONSULTANT AGREEMENT FOR GEOTECHNICAL EXPLORATION SERVICES FOR THE 2023 STREET IMPROVEMENT PROJECT WHEREAS,pursuant to a request for proposals for the work, two proposals were received and evaluated that complied with the request for proposal: Bidder Quote Amount American Engineering and Testing $32,749 Braun Intertec $41,875 WHEREAS,it was evaluated by Staff that American Engineering and Testing had the lowest responsible quote and best met the scope of the request for proposals. A consultant contract amount of $36,000.00 is recommended to be awarded to allow for minor revisions to unit price quantities to facilitate not needing to approve a contract revision. NOW THEREFORE, BE IT RESOLVED bythe Chanhassen City Council: The Mayor and City Clerk are hereby authorized and directed to enter into a consulting agreement with American Engineering and Testing in the name of the City of Chanhassen for the geotechnical investigation services for the 2023 Street Improvement Project according to the proposal submitted. PASSED AND ADOPTED by the Chanhassen City Council this 28th day of November, 2022. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 299 Page 1 of 16 REQUEST FOR PROPOSALS 2023 CITY PAVEMENT REHAB PROJECT (#23-01) & 2023 MILL & OVERLAY PROJECT (#23-04) Distributed: November 2, 2022 I. INTRODUCTION The City of Chanhassen is issuing this Request for Proposals (RFP) for professional services necessary to obtain preliminary reports to allow the City to successfully scope and have the rehabilitation project area designed. In general, the project includes soil borings, gradations, soil classifications, and geotechnical evaluations and recommendations for road design. As-built construction record drawings are available upon request to assist in the preparation of proposals. A. RFP Content. This RFP contains the following sections: I. Introduction II. Project Information III. Proposal B. Addenda/Clarifications. Any changes to this RFP will be made by written addendum. Verbal modification will not be binding. C. Pre-Contractual Expenses. The City will not be responsible for any pre-contractual expenses. Pre-contractual expenses are defined as expenses incurred by the Consultant in: 1. Preparing its proposal in response to this RFP; 2. Submitting that proposal to the City of Chanhassen; 3. Negotiating with the City of Chanhassen any matter related to this proposal; or 4. Any other expenses incurred by the Consultant prior to the date of execution of the Proposed Agreement. D. Contract Award. Issuance of this RFP and receipt of proposals does not commit the City of Chanhassen to award a contract. The City of Chanhassen reserves the right to postpone the opening for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with other than the selected Consultant should negotiations with the selected be terminated, to negotiate with more than one Consultant simultaneously, or to cancel all or part of this RFP. The Consultant must sign the City of Chanhassen’s PSA and this will be used as the contract agreement. The PSA is attached to this RFP. 300 Page 2 of 16 E. Contact Person. The Consultant's contact for specific questions regarding information in this proposal is Matt Petite, City of Chanhassen, 7700 Market Boulevard, P.O. Box 147, Chanhassen MN 55317, (612) 358-7085, mpetite@chanhassenmn.gov II. PROJECT INFORMATION A. Project Area and Identified Improvements. 1. 2023 City Pavement Rehabilitation Project Areas #23-01 Approximately five (5) miles of roadway are proposed to be rehabilitated in 4 different neighborhood areas around the city. The areas proposed for improvements are shown in the attached Figures. · The Curry Farm, Creek Run Trail, and Mulberry Circle area lies north and south of Lake Lucy Road, west of Powers Boulevard, with approximately 1.6 miles of streets built-out in the late 1980’s and early 1990’s. · The Saddlebrook area lies on the east side of Powers Boulevard just north of downtown with approximately 1.5 miles of streets built-out in the late 1980’s. · The Mission Hills area lies east of CSAH 101, north of TH212 and south of TH5, with approximately 0.4 miles of streets built-out in 1993 and the early 2000’s. · The Lake Susan Hills West area lies east of Audubon Road, north of Lyman Boulevard and south of TCW Railroad, with approximately 1.3 miles of streets built-out in the late 1980’s and early 1990’s. None of these areas have had major rehabilitations performed after their original construction (only maintenance activities such as crack seals, chip seals and pothole patching). All project areas need to be evaluated with anticipated improvements to include: · full depth reclamation · mill and overlay (full depth or partial) · spot soil corrections or reconstruction · spot curb and gutter replacement · ADA improvements · stormwater management spot repairs · sanitary sewer spot repairs and watermain spot repairs 301 Page 3 of 16 CURRY FARM, CREEK RUN TRAIL, AND MULBERRY CIRCLE AREA: The Curry Farm, Creek Run Trail, and Mulberry Circle area lies north and south of Lake Lucy Road, west of Powers Boulevard, with approximately 1.6 miles of streets built-out in the late 1980’s and early 1990’s. Creek Run Trail Mulberry Circle 302 Page 4 of 16 Teton Lane Devonshire Drive 303 Page 5 of 16 SADDLEBROOK AREA: The Saddlebrook area lies on the east side of Powers Boulevard just north of downtown with approximately 1.5 miles of streets built-out in the late 1980’s. Saddlebrook Butte Court 304 Page 6 of 16 Canyon Curve MISSION HILLS AREA: The Mission Hills area lies east of CSAH 101, north of TH212 and south of TH5, with approximately 0.4 miles of streets built-out in 1993 & early 2000’s. Mission Hills Lane 305 Page 7 of 16 LAKE SUSAN HILLS AREA: The Lake Susan Hills West area lies east of Audubon Road, north of Lyman Boulevard and south of TCW Railroad, with approximately 1.3 miles of streets built-out in the late 1980’s and early 1990’s. Osprey Lane Heron Drive 306 Page 8 of 16 Project Area and Identified Improvements. 2. 2023 Mill and Overlay Project Areas #23-04 Approximately 1.4 miles of roadway are proposed to be rehabilitated in 5 different neighborhood areas around the city. The areas proposed for improvements are shown in the attached Figures. The proposed project includes: · The Bramble Drive neighborhood 0.2 miles south of the intersection of Trunk Highway 101 (Great Plains Boulevard) and Pioneer Trail · The Creekwood Drive 0.5 miles south of the intersection of Trunk Highway 101 (Great Plains Boulevard) and Pioneer Trail · The Oakside Circle neighborhood 0.1 miles north of the intersection of Powers Boulevard and Lyman Boulevard · The Sunridge Court neighborhood 0.3 miles north of the intersection of Lyman Boulevard and Audubon Road · The Ches Mars Drive neighborhood 0.3 miles north of the intersection of Trunk Highway 41 (Hazeltine Boulevard) and Longacres Drive None of these areas have had major rehabilitations performed after their original construction (only maintenance activities such as crack seals, chip seals and pothole patching). All project areas need to be evaluated with anticipated improvements to include: · mill and overlay (full depth or partial) · spot soil corrections · spot curb and gutter replacement · ADA improvements 307 Page 9 of 16 308 Page 10 of 16 309 Page 11 of 16 310 Page 12 of 16 311 Page 13 of 16 312 Page 14 of 16 B. Project Scope. The objective is to sample soil borings, cores, and provide geotechnical evaluations and recommendations for roadway rehabilitation design. Temporary traffic control shall be incidental to the project. This project shall provide the following: 1. Provide quality photo documentation for cores showing dimensions and characteristics clearly and legibly. 2. Preferred locations for the work shall be coordinated with the City. The locations indicated are conceptual in nature. Sixty-two (62) flight auger soil borings to 5- foot depth (to include pavement cores), and Fifty (50) additional pavement cores. All borings and pavement cores shall be centered within vehicle wheel paths in the travel lanes. 3. Gradation and depth of aggregate base section in all of the soil boring locations. Include the following additional testing to evaluate frost susceptibility and suitability for full depth reclamation: · Up to 30 moisture content tests (D2216) for use on wetter samples · Up to 10 sieve-hydrometer analysis (D422) · Propose other tests per Part III. (F) of this RFP 4. Classification of the sub-soils in the soil borings. 5. Provide draft and final reports. Provide street section evaluation and design recommendations for each area, and if necessary for specific street segments, based on the geotechnical information obtained per the scope of this RFP. 6. Respond to questions regarding the final report during the design of the street project. Include four (4) hours for this coordination. 7. Separate out the gradations and moisture content testing for consistency purposes. C. Project Schedule. The City would prefer this work completed as soon as possible to allow for substantial design time for the project including unforeseen complications. Include a schedule of when all the work would be completed, including submission of a draft report by 4:00 pm, January 20, 2023, and for delivering a final product to the City by 4:00 pm, January 31, 2023. This work shall be completed by February 10, 2023. Plan for one (1) week of review time and coordination for the City to review the draft report. 313 Page 15 of 16 III. PROPOSAL A. Submission of Proposal. Submit the proposal electronically to: Matt Petite, Construction Manager mpetite@chanhassenmn.gov City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Proposals shall be received by 4:00 pm (central time), on Friday, November 18, 2022. Proposals received after this time will not be accepted. B. Proposal Format. Proposals shall be formatted for 8½" x 11" paper, with all text clear of binding. Use of 11" x 17" format for large tables, charts or diagrams is permissible but shall be limited. The proposal shall be clear and understandable when reproduced in black and white. Include, at a minimum, the following: 1. Identification of the offering firm(s), including name, address, and telephone number of each firm. 2. Acknowledgement of receipt of RFP addenda, if any. 3. Name, title, address, email address and telephone numbers of the primary contact person to use during period of proposal evaluation. C. Consultant Team. Identify all team members and areas of responsibility. Resumes may be included in the proposal. D. Understanding of the Project. The Consultant shall provide a brief, concise description that demonstrates the Consultant's understanding of the project and what needs to be done to successfully complete the work scope and meet the overall project schedule. Discuss familiarity of the consultant team members with respect to previous efforts in working with the City. E. Consultant Fee. Costs shall be broken out by individual tasks including: soil borings with the associated pavement core, individual pavement cores, laboratory testing, reporting, and project management. The estimate shall clearly identify any additions and reimbursable expenses. Include cost for up to four (4) hours to coordinate with the selected design consultant for any questions regarding the geotechnical report and data. Submit a Not-To- Exceed fee including per item costs per the template provided. A lump sum or another contract type is not preferable. 314 Page 16 of 16 F. Additional Services. Other services outside the scope of this proposal that the firm feels may be needed, if any, may be proposed. The firm also may propose cost-savings items. Any modifications shall be noted separately in the proposal and not part of the overall not- to-exceed fee. G. Exceptions and Deviations. Any exceptions to the requirements in this RFP, including the language in the contractual terms, must be included in the proposal. If the Consultant proposes changes to the scope of work, include a description, reason for the change and added/deducted engineering costs. Segregate all exceptions as a separate element of the proposal under the heading "Exceptions and Deviations". 315 1 201749v1 PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this ________ day of ___________________, 20__, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and __________________________________________ "Consultant"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Consultant for_____________________. 2. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents," all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Professional Services Agreement; B. Request for quote – __________________ dated ______, 20___; C. Insurance Certificate; D. Consultant’s ______, 20___ proposal for___________________ (“Proposal”). In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts, with Contract Document “A” having the first priority and Contract Document “D” having the last priority. 3. COMPENSATION. Consultant shall be paid by the City for the services described in the Proposal a not to exceed fee of __________________ Dollars ($_____, inclusive of expenses. Services performed directly by Consultant shall be paid at an hourly rate in accordance with the Proposal, subject to the not to exceed fee. The not to exceed fees and expenses shall not be adjusted if the estimated hours to perform a task, the number of required meetings, or any other estimate or assumption is exceeded. Consultant shall bill the City as the work progresses. Payment shall be made by the City within thirty-five (35) days of receipt of an invoice. 4. DOCUMENT OWNERSHIP. All reports, plans, models, diagrams, analyses, and information generated in connection with performance of this Agreement shall be the property of the City. The City may use the information for its purposes. 5. CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the City. No payment will be due or made for work done in advance of such approval. 316 2 201749v1 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 7. STANDARD OF CARE. Consultant shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional consultant under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficien cies in the accuracy of Consultant’s services. 8. INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the execution or performance of the services provided for herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. 9. INSURANCE. Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker’s Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $2,000,000 each occurrence/aggregate Automobile Liability $2,000,000 combined single limit Professional Liability $2,000,000 each occurrence/aggregate The City shall be named as an additional insured on the general liability policy on a primary and non- contributory basis. Before commencing work, the Consultant shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. 10. INDEPENDENT CONTRACTOR. The City hereby retains Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. Consultant is not an employee of the City and is free to contract with other entities as provided herein. Consultant shall be responsible for selecting the means and methods of performing the work. Consultant shall furnish any and all supplies, equipment, and incidentals necessary for Consultant’s performance under this Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's agents or employees are in any manner agents or employees of the City. Consultant shall be exclusively responsible under this Agreement for Consultant’s own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 317 3 201749v1 11. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Consultant shall comply with Minnesota Statutes § 471.425. Consultant must pay subcontractors for all undisputed services provided by subcontractors within ten (10) days of Consultant’s receipt of payment from City. Consultant must pay interest of one and five-tenths percent (1.5%) per month or any part of a month to subcontractors on any undisputed amount not paid on time to subcontractors. The minimum monthly interest penalty payment for an unpaid balance of One Hundred Dollars ($100.00) or more is Ten Dollars ($10.00). 12. CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Carver County Minnesota. 13. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Consultant must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement. Consultant is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Consultant receives a request to release data, Consultant must immediately notify City. City will give Consultant instructions concerning the release of the data to the requesting party before the data is released. Consultant agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Consultant’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 14. COPYRIGHT. Consultant shall defend actions or claims charging infringement of any copyright or software license by reason of the use or adoption of any software, designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 15. PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contract requires, or the Consultant desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Consultant shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, the Consultant shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the Contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement. 318 4 201749v1 16. RECORDS. Consultant shall maintain complete and accurate records of hours worked and expenses involved in the performance of services. 17. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 18. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof, as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 20. TERMINATION. This Agreement may be terminated by the City for any reason or for convenience upon written notice to the Consultant. In the event of termination, the City shall be obligated to the Consultant for payment of amounts due and owing including pa yment for services performed or furnished to the date and time of termination. Dated: _______________, 20__. CITY OF CHANHASSEN BY: _____________________________________________ Elise Ryan, Mayor BY: _____________________________________________ Laurie Hokkanen, City Manager Dated: _______________, 20__. _______________________ BY: _____________________________________________ Its 319 Capital Improvement Program City of Chanhassen, MN Contact Charlie Howley 2022 2026 thru Department Street Improvements Description Annual project to rehabilitate and/or reconstruct streets in the City. The 5 year Capital Pavement Management Plan identifies the planned streets for the next five years. The Plan is updated every fall to review priorities and needs, but generally intends to keep the overall condition index (OCI) average across all streets at 70 or higher. Project #ST-012 Priority n/a Justification The City uses a Pavement Management System in Cartegraph to monitor the condition of the City streets. While proper preventative maintenance extends the life of the street and is cost effective, a street will eventually deteriorate to a point that major maintenance is required. Rehabilitation projects extend the life of the street. In cases when utilities or poor sub grade needs to be replaced or where streets have deteriorated to a point where rehabilitation will no longer be practical, reconstruction of the street is necessary. A feasibility study is written to consider the merits of the project, scope of work, costs and assessments. Budget Impact/Other The City has an Assessment Policy, last updated in 2014, that identifies what and how much of the project is assessed to benefiting properties. Useful Life Unassigned Project Name Pavement Management Program (PMP)Category Street Improvements Type Improvement Account #2 Account #1 601-6xxx-4xxx Account #4 Account #3 Status Active Total2022 2023 2024 2025 2026Expenditures 27,325,0005,075,000 5,225,000 5,475,000 5,675,000 5,875,000Construction 5,075,000 5,225,000 5,475,000 5,675,000 5,875,000 27,325,000Total Total2022 2023 2024 2025 2026Funding Sources 8,380,0001,560,000 1,600,000 1,680,000 1,740,000 1,800,000Streets - PMP Assessments 12,570,0002,340,000 2,400,000 2,520,000 2,610,000 2,700,000Streets - PMP Funds 1,225,000225,000 235,000 245,000 255,000 265,000Utility Fund -Sewer 2,650,000500,000 520,000 540,000 560,000 530,000Utility Fund -Surface Wtr 2,500,000450,000 470,000 490,000 510,000 580,000Utility Fund -Water 5,075,000 5,225,000 5,475,000 5,675,000 5,875,000 27,325,000Total 320 ###################################################### ###############################################################################################Lake Virginia Christmas Lake Lotus Lake Brendan Pond Lake Harrison Kerber Pond Lake Susan Rice Marsh Lake Lake Riley Rice Lake Lake St. Joe Lake Minnewashta Lake Ann Lake Lucy ST18 ST15 ST14 ST17 ST61 Minnewashta Regional Park North Lotus Lake Park Meadow Green Park Lake Ann Park Chanhassen Pond Park Chanhassen Nature Preserve Chanhassen Recreation Center Lake Susan Park Rice Marsh Lake Preserve Power Hill Park Fox Woods Preserve Bandimere Community Park Bluff Creek Golf Course Hesse Farm Park Preserve Lake Susan Preserve Raguet Wildlife Management Are MN Valley National Wildlife Re MN Landscape Arboretum Seminary Fen Scientific & Nat* Bluff Creek Preserve Independent School District 11 Independent School District 112 Independent School District 276 Riley Ridge Park Lake Ann Park Preserve SA5 SA7 SA101 SA41 SA5 )212 C C C C C Powers BlvdH w y212AudubonRdLyman Blvd Chanhassen RdA r b o r e t u m Blvd Pioneer Trl A r boretum Blvd GalpinBlvdHwy 212HazeltineBlvdMarketBlvdHwy 7 GreatPlainsB lvdFlying C l o u d D r C o R d 1 0 1 ST101 GH117 S S M M M M M M M M M Date Created: 7/25/2022 Document Path: K:\Departments\Engineering\CIP\2023-2027\CIP_5Year_2023-2027.aprxCreated By: City of Chanhassen - Engineering Department µ0 3,000 Feet 0 0.5 Mile 5-Year CIP Pavement Management Plan (PMP) - Streets (2023-2027) City of Chanhassen Legend 2023 2024 2025 2026 2027 Mill & Overlay Full Depth Reclamation ##Reconstruction S State/MnDOT Project C County Project M Municipal State Aid 321 322 323 324 325 326 327 328 550 Cleveland Avenue North | Saint Paul, MN 55114 Phone (651) 659-9001 | (800) 972-6364 | Fax (651) 659-1379 | teamAET.com | AA/EEO This document shall not be reproduced, except in full, without written approval from American Engineering Testing, Inc. November 17, 2022 City of Chanhassen 7700 Market Boulevard, P.O. Box 147 Chanhassen, MN 55317 Attn: Mr. Matt Petite, Construction Manager mpetite@chanhassenmn.gov Re: Proposal for Geotechnical and Pavement Exploration - Updated 11/17/22 2023 City Pavement Rehab and Mill & Overlay Projects City Project No.: 23-01 and 23-04 Chanhassen, Minnesota AET Proposal No. P-0018335 Dear Mr. Petite: Thank you for the opportunity to provide a proposal for geotechnical and pavement exploration services for the above referenced projects. Maps of the project areas with proposed pavement core and soil boring locations has been provided to us by you. This proposal presents our understanding of the project, an outline of the scope of services we are to provide, anticipated schedule, and an estimate of our fees. AET is an employee-owned engineering consulting firm, specializing in geotechnical, pavement, and construction materials engineering and testing; environmental consulting; forensic engineering; building technology; and petrography/chemistry. You can count on our team for sound advice drawn from extensive practical experience. We can help you avoid durability issues in the future by finding the balance between cost savings and quality. By employing innovative methods and equipment, we are also able to expedite project completion - decreasing your cost per pavement mile, while reducing impacts to the driving public. Safety is always a top priority at AET. We are committed to reducing the risk of accidents through training, regular safety audits, standard safety devices, and use of DOT certified drivers. We appreciate the opportunity to work with you on these projects. If you have questions regarding this proposal, please contact Krystle at the phone number or email address below. Sincerely, American Engineering Testing, Inc. Krystle R. Staker, GIT (MN) Jacob O. Michalowski, PE (MN) Geologist I, Point of Contact Senior Engineer kstaker@teamAET.com jmichalowski@teamAET.com Phone: (586) 850-9717 Phone: (651) 283-2481 329 Proposal for Geotechnical & Pavement Exploration – Updated 11/17/22 2023 City Pavement Rehab and Mill & Overlay Projects; Chanhassen, MN November 17, 2022 AET Proposal No. P-0018335 Page 2 of 7 1.0 PROJECT TEAM AET has extensive experience in pavement rehabilitation projects throughout the midwestern United States (and elsewhere), across the many phases of the pavement rehabilitation process. These phases include preliminary pavement analysis, mix design testing services, material testing services during construction, and, most importantly, the selection of an appropriate pavement rehabilitation method given costs, construction, and available resources. Our proposed team for this project will coordinate with the City of Chanhassen to conduct a thorough roadway analysis, identify the most appropriate rehabilitation method, and prepare an engineering report presenting pavement evaluation results and subgrade design recommendations. Krystle Staker, GIT, our proposed Project Manager, has over 8 years of experience serving as Lead Engineering Assistant and managing multiple projects including State, County, and City projects. Her current responsibilities at AET include pavement site evaluations, project coordination, data analysis, and report preparation. Krystle previously served as the Project Manager for the City of Chanhassen’s 2020 Street Improvement Project, Powers Boulevard Watermain Project, and the Lake Lucy Road and Trail Rehabilitation Project. Krystle will manage the coordination of project scoping, site visits, laboratory and field testing, as well as assist with analysis and report preparation. Jacob Michalowski, PE, will serve as the Lead Senior Engineer and will be involved with the review of data analysis and development of pavement recommendations. Jacob is a Senior Pavement Engineer with over 10 years of experience performing construction testing and pavement field investigations with engineering analysis and pavement design. He has previously worked on City of Chanhassen projects, including the 2018 Street Improvement Project, Lake Lucy Road and Trail Rehabilitation Project, and 2020 Street Improvement Project. Jacob is experienced and familiar with the City’s requirements to assist in a successful project. 2.0 PROJECT INFORAMTION We understand that the City’s 2023 City Pavement Rehab (#23-01) and Mill & Overlay (#23- 04) projects include the rehabilitation of various residential roadway segments. City Project #23-01 includes proposed rehabilitation methods of full depth reclamation, mill and overlay, spot soil corrections or reconstruction, spot curb and gutter replacement, ADA improvements, stormwater management spot repairs, and sanitary sewer and watermain spot repairs on approximately 5 center line miles. The roadways included in this project scope were constructed in the late 1980s through the early 2000s. These areas have not undergone any major rehabilitation since their original construction; only maintenance improvements such as crack seals, chip seals, and pothole patching. The neighborhood areas included within this project scope are outlined below. 1. Curry Farm, Creek Run Trail, and Mulberry Circle 2. Saddlebrook 3. Mission Hills 330 Proposal for Geotechnical & Pavement Exploration – Updated 11/17/22 2023 City Pavement Rehab and Mill & Overlay Projects; Chanhassen, MN November 17, 2022 AET Proposal No. P-0018335 Page 3 of 7 4.Lake Susan Hills West City Project #23-04 includes proposed rehabilitation methods of mill and overlay, spot soil corrections, spot curb and gutter replacements, and ADA improvements on approximately 1.4 center line miles. These areas have not undergone any major rehabilitation since their original construction; only maintenance improvements such as crack seals, chip seals, and pothole patching. The neighborhood areas included within this project scope are outlined below. 1.Bramble Drive 2.Creekwood Drive 3.Oakside Circle 4.Sunridge Court 5.Ches Mars Drive 3.0 SCOPE OF SERVICES You have proposed the following scope of services. Field Exploration Soil Borings & Pavement Cores •Review proposed pavement core and soil boring locations with the City. •Mark soil boring and pavement core locations in the field. •Arrange clearance of underground public utilities for the soil borings through the Gopher State One Call system. •Perform 62 flight auger soil borings using a truck mounted drill rig to depths of 5 feet below the pavement surface. The soil borings will be centered between the vehicle wheel paths. •Obtain 112, 4-inch or 6-inch diameter bituminous pavement cores using a truck mounted drill rig. Pavement cores will be obtained at each soil boring location. The pavement cores will be centered between the vehicle wheel paths. •Measure the ground water level encountered within flight auger boreholes during drilling. •Backfill the boreholes per Minnesota Department of Health (MDH) requirements and patch the surface with bituminous cold mix. •Document the boring and core locations and elevations by using GPS equipment with submeter accuracy. ADT volumes of the roadway segments were reviewed on MnDOT’s Traffic Mapping Application. ADT volumes were not posted for the roadway segments included in the project scope. We anticipate that the roadway segments will have low volumes of residential traffic and that only traffic signage and cones will be required. We will backfill the boreholes to comply with MDH requirements. Even after backfilling, some sloughing of the backfill may occur, resulting in a potential tripping hazard to pedestrians. We assume the owner will backfill and repair any boreholes that may slough after our exploration is complete. AET cannot accept any liability associated with pedestrian injury. 331 Proposal for Geotechnical & Pavement Exploration – Updated 11/17/22 2023 City Pavement Rehab and Mill & Overlay Projects; Chanhassen, MN November 17, 2022 AET Proposal No. P-0018335 Page 4 of 7 Laboratory Logging & Testing Each of the recovered samples will be returned to our lab for visual/manual classification of the soils according to the Unified Soils Classification and the AASHTO Soil Classification Systems. Our services will include mechanical laboratory testing of selected soil samples to aid in judging engineering properties of the soils. In this proposal, we have estimated to perform moisture content tests, sieve analysis tests, and sieve-hydrometer analysis tests. The pavement cores will be measured and photographed showing the measurement, along with noting pavement condition. Report Upon completion of the field exploration and soil laboratory testing, we will prepare a draft and final report, which will include the following: •An outline of our understanding of the proposed construction. •Descriptions of drilling, sampling, testing, and classification methods. •Figures illustrating the final test locations. •Subsurface boring logs, including thickness of the encountered pavement, aggregate base, and/or topsoil or bedrock; USCS and AASHTO soil types; measured water levels; and laboratory test results. •Pavement core log reports to include photographs, measurements, condition, and sampling location information. •Utility installation, including excavation, bedding support, backfill material types, and compaction levels. •Discussion of suitable pavement rehabilitation methods and options for each roadway segment as discussed with you. These methods may include reclamation depths to create recycled aggregate base, unstabilized full depth reclamation (FDR), mill and overlay, and reconstruction. •Pavement design and construction recommendations for reconstruction; including section thicknesses, subgrade preparation or improvement, sand subbase, and drainage. •Pavement design and construction recommendations for unstabilized FDR; including section thicknesses, reclamation depth, removal, compaction, and bituminous surfacing. •Estimated subgrade R-value(s) for pavement design based on the existing conditions encountered. •Comments on other items which may affect final performance or constructability, such as frost heave, settlement, drainage, and dewatering considerations. 4.0 SCHEDULE Weather permitting and based on our current backlog, we anticipate the drilling and pavement coring can be completed within approximately five weeks following authorization to proceed. Laboratory testing can be completed about one week after completion of the field services. We anticipate the draft report to be submitted to the City for review approximately two to three weeks following completion of field services, anticipated to be January 20, 2023. The final report will be submitted approximately one week after discussing the draft report with the City. 332 Proposal for Geotechnical & Pavement Exploration – Updated 11/17/22 2023 City Pavement Rehab and Mill & Overlay Projects; Chanhassen, MN November 17, 2022 AET Proposal No. P-0018335 Page 5 of 7 5.0 FEES The scope of services defined above will be performed on a time and materials basis in accordance with the attached Fee Estimate. In the event the scope of our services needs to be revised, such as additional or deeper borings and additional field or laboratory testing, we will review such scope adjustments and the associated fees with you and receive your approval before proceeding. Additional services will be charged in accordance with the attached fee schedule. Our fees will be in effect for thirty days following the date of this proposal, and fees for services authorized after this expiration date will be subjected to review and possible escalation. 6.0 UNDERGROUND UTILITIES Prior to drilling, we will contact Gopher State One Call to locate public underground utilities; however, Gopher State One Call will not locate private underground utilities or structures. Examples of private utilities include, but are not limited to, propane lines, sewer laterals, sprinkler systems, site lighting, and electric and data lines between buildings. Gopher State One Call states that the property owner is responsible for locating all private underground utilities and structures. Please provide us with any maps, plans, and/or records showing the location of all private utilities and structures. We can provide you with names and contact information for private utility locators. These companies usually charge a fee for their services. Also, please note that private locators cannot guarantee that all private utilities will be located. For the private locator to be accurate and effective, the property owner must provide maps, plans and records showing the location of all private utilities and structures. The property owner must also provide a knowledgeable site representative to meet with the private locator and AET personnel. AET shall be entitled to rely upon the accuracy of all location information supplied by any source. We will not be responsible for any damages to underground utilities or structures not located or incorrectly identified by the property owner, any maps, plans or records, or public or private utility locator providers. 7.0 ENVIRONMENTAL CONCERNS This proposal is presented for engineering services to evaluate the structural properties of the soil at the specified site. This proposal does not cover an environmental assessment of the site; environmental testing of the soil or groundwater; a wetland assessment; or consultation on lead, mold, asbestos, silica, or radon. If you wish to have us provide these additional services, please contact us. 8.0 TERMS AND CONDITIONS Unless otherwise agreed upon in writing, all AET Services are provided subject to the Terms and Conditions set forth in the enclosed “Environmental/Geotechnical Service Agreement— Terms and Conditions,” which, upon acceptance of this proposal, are binding upon you as the Client requesting Services, and your successors, assignees, joint venturers, and third-party 333 Proposal for Geotechnical & Pavement Exploration – Updated 11/17/22 2023 City Pavement Rehab and Mill & Overlay Projects; Chanhassen, MN November 17, 2022 AET Proposal No. P-0018335 Page 6 of 7 beneficiaries. Please be advised that additional insured status is granted upon acceptance of the proposal. 9.0 ACCEPTANCE This proposal is presented in electronic (PDF) form; hard copies can be prepared and mailed to your office upon request. AET requests written acceptance of this proposal in the Proposal Acceptance box below, but the following actions shall constitute your acceptance of this proposal together with the Terms and Conditions and Amendments: 1) issuing an authorizing purchase order for any of the Services described above, 2) authorizing AET’s presence on site, or 3) written or electronic notification for AET to proceed with any of the Services described in this proposal. Please indicate your acceptance of this proposal by signing below and returning a copy to us. When you accept this proposal, you represent that you are authorized to accept on behalf of the Client. We have enclosed with this proposal a copy of the “Environmental/Geotechnical Service Agreement – Terms and Conditions.” The terms contained in the attached “Environmental/Geotechnical Service Agreement – Terms and Conditions” are incorporated herein and are an integral part of this contract for professional engineering services. Attachments: Fee Estimate Project Team Resumes Environmental/Geotechnical Service Agreement Proof of Insurance W9 Authorized Client Representative: Signature: Printed Name: Company: PO No./Project No.: Invoice email: Date: 334 $ 32,749.00 TOTAL 11 Reimbursable Expenses Allowance 0 $ - $ - $ 1,300.00 10 Consultant Coordination HR 4 3 Staking and Utility Clearance LS 1 $ 1,300.00 $ 2,250.00 8 Sieve-Hydrometer Analysis EA 10 $ 225.00 Gradation Test EA Project Management LS 1 TOTAL PRICE 2 Mobilization LS 1 $ 4,500.00 $ 4,500.00 1 $ 1,200.00 $ 1,200.00 ITEM NO.ITEM UNITS QUANTITY UNIT PRICE 4 Core EA $ 190.00 $ 760.00 50 $ 75.00 $ 3,750.00 52 $ 117.00 $ 6,084.00 7 Moisture Content Test EA 30 $ 13.50 62 $ 150.00 $ 9,300.00 9 Evaluation, Reporting, & Analysis LS 1 $ 3,200.00 $ 3,200.00 5 Bore (including Core)EA $ 405.00 6 335 Jacob Michalowski, PE Senior Engineer/Project Manager Background Jacob Michalowski has over 10 years of experience in pavement and geotechnical engineering, soil stabilization, and QA/QC programs. He has worked on city, county, state, and federal roadway projects; airports, oil and gas infrastructure, rail facilities, and renewable energy projects. Education B.S., Civil Engineering Minnesota State University, Mankato 2012 Registrations/Certifications Professional Engineer, Minnesota, No. 54188 Employment American Engineering Testing, Inc. St. Paul, Minnesota Senior Engineer, 2018 – Present Engineer II, 2016 – 2018 Engineer I, 2015 – 2016 Dickinson, North Dakota Engineering EIT 2012 – 2015 Mankato, Minnesota Intern, Summer 2011 Professional Memberships Minnesota Society of Geotechnical Engineers Minnesota Asphalt Pavement Association AET Responsibilities •Lead the pavement group of engineers, laboratory, and field staff •Provide overall project management and reporting on geotechnicaland pavement investigations and mentor emerging professionals •Evaluate and consult pavement section designs on a multitude ofprojects •Adhere to Clients’ project specifications and pavement designmethodologies Featured Project Experience I-35W MnPASS Design-Build, Blaine, MN (2018 – 2022) Deputy Pavement Engineer and Construction Quality Manager: Assist in the pursuit of the project to coordinate pavement testing activities and performing the analysis of collected pavement data. Preparation of the materials design recommendation report for the project. Responsible for managing all aspects of the construction quality on 12 miles of interstate, 5 bridges, and noise walls. Directly supervised a construction Quality Control staff consisting of 5-7 engineering technicians. I-35W River Bridge Design-Build, Burnsville, MN (2018-19) Materials Engineer: Coordinate pavement testing activities and performing the analysis of collected pavement data. Preparation of the materials design recommendation report for the project that included reconstruction of new bituminous interstate pavement, ramps, loops, and trails. TH 112 Turnback, Le Sueur County, MN (2018) Responsible for the preliminary and final pavement and geotechnical investigation that included coring, soil borings, ground penetrating radar, falling weight deflectometer, and laboratory testing to evaluate suitable pavement improvement methods for the TH 112 Turnback project from MnDOT to Le Sueur County. TH 2 Erskine Design-Build, Erskine, MN (2018) Responsible for the preparation of the materials design recommendation report for the project that included 5.5 miles of unbonded concrete overlay and intersections. CSAH 14, CSAH 78, East Frontage Road, Scott County, MN (2017) Responsible for the coordination of the soil borings and laboratory testing to evaluate the subsurface conditions for three of the roadways as part of the larger TH 169/TH 41 Interchange Project. The project included reconstruction of existing roadways, partial realignment, and new reconstruction. Prepared the materials design recommendation for these three roadways. I-35 Unbonded Overlay Design-Build, Forest Lake, MN (2017-18) Deputy Pavement Engineer: Assisted in coordinating pavement testing activities and performing analysis of collected pavement data for over 20 lane miles of new concrete pavement. 336 Krystle Staker, GIT Geologist I Background Krystle Staker is a Geologist I with over 8 years of experience in construction materials, geotechnical engineering, and pavement engineering. Her expertise includes performing field investigations and engineering analysis for pavement and roadway infrastructure projects. Education Bachelor of Science in Geology Minor in Applied Geophysics Michigan Technological University, 2014 Registrations/Certifications Geologist-In-Training, MN MnDOT Grading & Base I MnDOT Aggregate Production MnDOT Pavement Surface Smoothness MnDOT VETA Software Operator Troxler Nuclear Density Gauge Certification Safeland (PEC) Training – RIGPASS CPR & AED Certification Employment American Engineering Testing Geologist I (2014-present) AET Responsibilities •Supporting geotechnical engineering, pavement, andconstruction materials testing projects •Field and laboratory testing of soils and pavements •Falling Weight Deflectometer (FWD), Ground PenetratingRadar (GPR), and International Roughness Index (IRI)testing and analysis •VETA processing of ICT data •Construction materials testing •Soil cement stabilization testing •Preparing field and formal reports Project Experience Chisago County Pavement Investigations, Chisago County, MN (2020, 2021) Geotechnical subsurface exploration, pavement cores, GPR, FWD, and pavement evaluation programs were conducted in 2020 and 2021. The programs include multiple roadway and realignment segments to determine the current condition of the existing pavement. Coordinated the field and laboratory testing programs, GPR analysis, and reports. City of Chanhassen Pavement Rehabilitation Chanhassen, MN (2020) A geotechnical subsurface exploration, pavement cores, and pavement evaluation program (including GPR) was conducted within five neighborhoods to determine pavement rehabilitation approaches. Coordinated the field and laboratory testing programs, GPR analysis, and reports. Denmark Township Capital Improvements Denmark Township, MN (2020) The project consisted of pavement cores, GPR, and FWD testing to determine rehabilitation approaches for multiple rural and residential roadway segments. Coordinated the field and laboratory testing programs, GPR analysis, and reports. Highway 6, Highway 95, and I-35 GPR Survey MnDOT District 3 (2019, 2020) Pavement cores, GPR, and pavement evaluation program was conducted on 60+ lane miles of roadway to determine existing pavement structure. Coordinated the field and laboratory testing programs, GPR analysis, and reports. Scott County Pavement Investigation Scott County, MN (2019) A geotechnical subsurface exploration, pavement cores, and pavement evaluation program (including GPR) was conducted on 50+ lane miles of roadway to determine pavement rehabilitation options. Coordinated the field and laboratory testing programs and preliminary reports. 337 ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 1 of 4 ACS417EG (05/22) AMERICAN ENGINEERING TESTING, INC. SECTION 1 - RESPONSIBILITIES 1.1 - This Service Agreement – Terms and Conditions (“terms and conditions”) is applicable to all services ("Services") provided by American Engineering Testing, Inc. (AET). As used herein “Services” refer s to the scope of services described in the proposal submitted by AET to Client. The proposal, these terms and conditions and any appendices attached hereto shall compris e the agreement ("Agreement") between AET and Client for Services described in the proposal and are binding upon the Client, its successors, assignees, joint ventures and third-party beneficiaries. AET requests written acceptance of the Agreement, but the following actions shall also constitute Client’s acceptance of the Agreement: 1) issuing an authorizing purchase order, task order, service order, or any other documentation for any of the Services, 2) authorizing AET’s presence on site, or 3) written or electronic notification for AET to proceed with any of the Services. Issuance of a purchase order, task order or service order by Client which contains separate terms and conditions will not take precedence or modify the terms and conditions contained in this Service Agreement. 1.2 – Prior to AET performing Services, Client will provide AET with all information that may affect the cost, progress, safety and performance of the Services. This includes, but is not limited to, information on proposed and existing construction, all pertinent sections of contracts between Client and their Client and/or Owner which contain flow-down provisions to AET, if they are provided, site safety plans or other documents which may control or affect AET's Services. If new information becomes available during AET's Services, Client will provide such information to AET in a timely manner. Failure of Client to timely notify AET of changes to the project including, but not limited to, location, elevation, loading, or configuration of the structure or improvement will constitute a release of any liability or indemnity obligations of AET for loss or damages related to such changes. Client will provide a representative for timely answers to project-related questions by AET. 1.3 - AET is responsible only for performance of the Services. AET will not be held responsible for work or omissions by Client or any other party working on the project. The Services do not include construction management, general contracting or surveying services. AET w ill not be responsible for directing or supervising the work of other parties, unless specifically authorized and agreed to in writing. 1.4 – Client acknowledges the limitations inherent in sampling to characterize buried subsurface conditions. Variations in soil conditions occur between and beyond sampled/tested locations. The passage of time, natural occurrences and direct or indirect human activities at the site or distant from it may alter the actual conditions. Client assumes all risks associated with such variations in soil and subsurface conditions. 1.5 - AET is not responsible for interpretations or modifications of AET's recommendations by other persons. 1.6 - Should changed conditions be alleged, Client agrees to notify AET before evidence of alleged change is no longer accessible for evaluation. 1.7 – Pricing in the proposal assumes use of these terms and conditions. AET reserves the right to amend pricing if Client requests modifications to the Agreement or use of Client’s alternate contract format. Any contract amendments made after Client has authorized the Services shall be applicable only to Services performed after the effective date of such amendment. The proposal and these terms and conditions, including terms of payment, shall apply to all Services performed prior to the effective date of such amendment. 1.8 - The AET proposal accompanying these terms and conditions is valid for thirty (30) days after the proposal issuance date to the Client. Any attempt to authorize Services after the expiration date is subject to AET’s right to revise the proposal as necessary. SECTION 2 - SITE ACCESS AND RESTORATION 2.1 - Client will furnish AET safe and legal site access. 2.2 Client acknowledges that in the normal course of its Services, AET may unavoidably alter existing site conditions or affect the environment in the area being studied. AET will take reasonable precautions to minimize alterations to the site or existing materials. Restoration of the site is the responsibility of the Client. SECTION 3 - UNDERGROUND UTILITIES AND STRUCTURES (FACILITIES) 3.1 - AET’s sole responsibility under this section will be to contact the state “call before you dig” notification center (e.g. Gopher State One Call in Minnesota), if such an entity exists, for location information of public utilities only. AET shall have no obligation to proceed with the work until Client has fully complied with all the requirements of this Section 3. 3.2 - Client will mark or cause to be marked the location of all other Facilities that service or are located on the site. AET shall be entitled to rely upon the accuracy of all location information supplied by any source. 3.3 - Client acknowledges that location data may be incorrect or that some Facilities may not be capable of location and Client fully accepts this risk and waives any claims against AET for incorrect locations or Facilities incapable of location. 3.4 - Client shall hold harmless, indemnify and defend AET from all claims, damages, losses, fines, penalties and expenses (including attorney’s fees) arising out of or related to the following: a) Facilities that are not shown or vary from the locations shown on any pl ans or drawings, b) Facilities that are not located by or vary from the locations marked by Client, governmental or quasi-governmental locator programs, or private utility locating services, or c) any other Facilities that are not disclosed or vary from locations provided by the Client. T he obligation to defend AET shall be independent of the obligation to indemnify and hold harmless AET and shall be with independent counsel acceptable to AET. SECTION 4 - CONTAMINATION 4.1 - Client acknowledges and accepts all contamination risks which may be associated with the Services. Risks include, but are not limited to, cross contamination created by linking contaminated zones to uncontaminated zones during the drilling process; containment an d proper disposal of known or suspected hazardous materials, drill cuttings and drill fluids; and decontamination of equipment and disposal and replacement of contaminated consumables. Discovery of actual or suspected hazardous materials shall entitle AET to take immediate measures it deems necessary in its sole discretion, including regulatory notification, to protect human health and safety, and/or the environment. Further, discovery of such materials constitutes a changed condition for which Client agrees to pay associated additional cost. 4.2 - Client shall indemnify and hold AET harmless from all liability, damages, claims or costs resulting from contaminants on the site. SECTION 5 - SAFETY 5.1 - Client shall inform AET of any known or suspected hazardous materials or unsafe conditions at the site. If, during the course of AET's Services, such materials or conditions are discovered, AET reserves the right to take measures to protect AET personnel and equipment or to immediately terminate Services. Client shall be responsible for payment of such additional protection costs. 338 ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 2 of 4 ACS417EG (05/22) AMERICAN ENGINEERING TESTING, INC. 5.2 - AET shall only be responsible for safety of AET employees at the site; the safety of all others shall be Client's or other persons' responsibility. SECTION 6 – SAMPLES 6.1 - Client shall inform AET of any known or suspected hazardous materials prior to submittal to AET. All samples obtained by or s ubmitted to AET remain the property of the Client during and after the Services. Any known or suspected hazardous material samples will be returned to the Client at AET's discretion. 6.2 - Non-hazardous samples will be held for thirty (30) days and then discarded unless, within thirty (30) days of the report date, the Client requests in writing that AET store or ship the samples. Storage and shipping costs shall be borne solely by Client. SECTION 7 - PROJECT RECORDS The original project records prepared by AET will remain the property of AET. AET shall retain these original records for a minimum of three years following submission of the report, during which period the project records can be made available to Client at AET's office at reasonable times. SECTION 8 - STANDARD OF CARE AET performs its Services consistent with the level of care and skill normally performed by other firms in the profession at the time of this service and in this geographic area, under similar budgetary constraints. SECTION 9 - INSURANCE AET maintains insurance with coverage and minimum limits shown below. AET will furnish certificates of insurance to Client upon request. 9.1 – Workers’ Compensation Statutory Limits Employer’s Liability $100,000 each accident $500,000 disease policy limit $100,000 disease each employee Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident Professional/Pollution Liability Insurance $1,000,000 per claim $1,000,000 aggregate 9.2 - Commercial General Liability insurance will include coverage for Products/Completed Operations extending one (1) year after completion of AET’s Services as outlined in our proposal, Property Damage, Personal Injury, and Contractual Liability coverage applicable to AET's indemnity obligations under this Agreement. 9.3 - Automobile Liability insurance shall include coverage for all owned, hired and non-owned automobiles. 9.4 - Professional/Pollution Liability Insurance is written on a claims-made basis and coverage will be maintained for one (1) year after completion of AET’s Services as outlined in our proposal. Renewal policies during this period shall maintain the same retroactive date. 9.5 - To the extent permitted by applicable state law, and upon Client’s signing of the proposal, which includes these Terms and Conditions, and return of the same to AET, or Client provided forms of acceptance as defined in Section 1.1; Client and Owner shall be named an “additional insured” on AET’s Commercial General Liability Policy (Form CG D4 14, which includes blanket coverage for the Additional Insured on a Primary and Non-Contributory basis). Client and Owner shall also be named an "additional insured" on a Primary and Non-contributory basis on AET's Automobile Liability Policy (Form CA T4 74). Any other endorsement, coverage or policy requirement may result in additional charges. 9.6 - AET will maintain insurance coverage required by this Agreement at its sole expense, provided such insurance is reasonably available, with insurance carriers licensed to do business in the state in which the project is located and having a current A.M. Best rating of no less than A minus (A-). Such insurance shall provide for thirty (30) days prior written notice to Client for notice of cancellation or material limitations for the policy or ten (10) days' notice for non-payment of premium. 9.7 - AET reserves the right to charge Client for AET’s costs for additional coverage requirements unknown on the date of the pro posal, e.g., coverage limits or policy modification including waiver of subrogation, additional insured endorsements and other project spe cific requirements. SECTION 10 - DELAYS If delays to AET's Services are caused by Client or Owner, other parties, strikes, natural causes, pandemic, weather, or other items beyond AET's control, a reasonable time extension for performance of the Services shall be granted, and AET shall receive an equitable fee adjustment. SECTION 11 - PAYMENT, INTEREST, AND BREACH 11.1 - Invoices are due net thirty (30) days from the date of receipt of an undisputed invoice, but not greater than 45 days from th e date of the invoice. Client will inform AET of invoice questions or disagreements within fifteen (15) days of invoice date; unless so informed, invoices are deemed correct. 11.2 – Invoices remaining unpaid for sixty (60) days shall constitute a material breach of this Agreement, permitting AET, in its sole discretion and without limiting any other legal or equitable remedies for such breach, to terminate performance of this Agreement and be relieved of any associated duties to the Client or other persons. Further, AET may withhold from Client data and reports in AET’s possession. If Client fails to cure such breach, all reports associated with the unpaid invoices shall immediately upon demand be returned to AET and Client may neither use nor rely upon such reports or the Services. 339 ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 3 of 4 ACS417EG (05/22) AMERICAN ENGINEERING TESTING, INC. 11.3 – AET reserves the right to pursue any unpaid invoice utilizing available remedies at law. AET explicitly reserves its Mechanic Lien or Bond Claim rights for nonpayment of an undisputed invoice. Client is responsible for paying AET expenses and attorney fees related to collection of past due invoices. SECTION 12 - CHANGE ORDERS AET's proposal associated with this project provides an estimated cost for the work. If the proposal amount is a time and material estimate, or if changes occur affecting the project scope, estimated quantities, project schedule or other unforeseen conditi ons, AET will communicate with Client request a change order. However, nothing in this agreement shall be construed in any way as a waiver of payment by Cli ent to AET for Services authorized under this agreement. Approval of a change order may be in writing, by electronic communication, or any directive for additional Services. SECTION 13 - MEDIATION 13.1 - Except for enforcement of AET’s rights to payment for Services rendered or to assert and/or enforce its lien rights, includin g without limitation assertion and enforcement of mechanic’s lien rights and foreclosure of the same, Client and AET agree that any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition pr ecedent to arbitration or the institution of legal or equitable proceedings by either party; provided however that if either party fails to respond to a re quest for mediation within sixty (60) days, the party requesting mediation may without further notice, proceed to arbitration or the institution of legal or equitable proceedings. 13.2 - Mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association. Request for mediation shall be in writing and the parties shall share the mediator’s fee and any filing fees equally and each party shall pay their own legal fees. The mediator shall be acceptable to both parties and shall have experience in commercial construction matters. SECTION 14 - LITIGATION REIMBURSEMENT Except for matters relating to non-payment of fees, which is governed by Section 11 hereof, payment of attorney’s fees and costs associated with lawsuits or arbitration of disputes between AET and Client, which are dismissed or are judged substantially in either party's favor, shall be paid by the non-prevailing party. Applicable costs include, but are not limited to, attorney and expert witness fees, court costs, and other direct costs. SECTION 15 - MUTUAL INDEMNIFICATION 15.1 - Subject to the limitations contained in Sections 15 and 18, AET agrees to indemnify Client from and against damages and costs to the extent caused by AET's negligent performance of the Services. 15.2 - Client agrees to indemnify AET from and against damages and costs to the extent caused by the intentional acts or negligence of the Client, Owner, Client's contractors and subcontractors or other third parties. 15.3 - If Client has an indemnity agreement with other persons or entities relating to the project for which AET’s Services are performed, the Client shall include AET as an additional Insured. 15.4 - AET's indemnification to the Client, including any indemnity required or implied by law, is limited solely to losses or damages caused by its failure to meet the standard of care and only to the extent of its negligence. SECTION 16 - NON-SOLICITATION Each party to this Agreement (a “Party”) agrees that it will not encourage, induce, or activel y solicit any employee of the other party to leave their employment for any reason, provided that neither Party is precluded from (a) hiring any such employee who has been terminated by a Party or its subsidiaries prior to commencement of employment discus sions between a Party and such employee, or (b) soliciting any such employee by means of a general advertisement or through an employment agency that does not specifically pursue the employee, or (c) hiring employees or former employees of the other Party who contact the Party on its own accord. This Non-Solicitation provision shall be effective and enforceable for six (6) months following termination of this Agreement. SECTION 17 - MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES Except as specifically set forth herein and to the extent permitted by applicable law, Client and AET waive against each other, and each other’s officers, directors, members, subcontractor, agents, assigns, successors, partners, and employees any and all claims for or entitlement to special, incidental, indirect, punitive, or consequential damages arising out of, resulting from, or in any way related to the Services provided by AET under this Agreement. This mutual waiver of consequential damages includes, but is not limited to, the following: loss of profits; loss of revenue; rental costs/expenses incurred; loss of income; loss of use of property, equipment, materials or services; loss of opportunity; loss of rent; loss of good will; loss of financing; loss of credit; diminution of value; loss of business and reputation; loss of management or employee productivity or the services of such persons; increased financing costs; cost of substitute facilities; cost of substitute goods/property/equipment; cost of substitute services; and/or cost of capital. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement in accordance with the provisions of the Agreement and related documents and shall survive any such termination. SECTION 18 - LIMITATION OF LIABILITY To the fullest extent permitted by applicable law, the total aggregate liability of AET and its officers, directors, partners, employees, subcontractors, agents, and sub-consultants, to Client and/or Client’s employees, officers, directors, members, agents, assigns, successors, or partners, or anyone claiming through Client, for any and all injuries, damages, claims, losses, or expenses (including attorney’s fees and costs) arising out of, resulting from or in any way related to Services provided by AET from any cause or causes, including, but not limited to, its negligence, professional errors and omissions, strict liability, breach of contract, or breach of warranty, shall not exceed the total compensation in excess of costs received by AET for Services or $50,000, whichever is greater. The limitation of liability set forth herein does not apply to claims arising solely out of or related to the willful or intentional acts of AET. 340 ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 4 of 4 ACS417EG (05/22) AMERICAN ENGINEERING TESTING, INC. SECTION 19 - POSTING OF NOTICES ON EMPLOYEE RIGHTS Effective June 21, 2010, prime contracts with a value of $100,000 or more and signed by federal contractors on projects with any agency of the United States government must comply with 29 CFR Part 471, which requires physical posting of a notice to employe es of their rights under Federal labor laws. The required notice may be found at 29 Code of Federal Regulations Part 471, Appendix A to Subpart A. The regulation also has a "flow-down" requirement for subcontractors under the prime agreement for subcontracts with a value of $10,000 or more. AET requires strict compliance of its subcontractors working on federal contracts subject to this regulation. The regulation has specific requirements for location of posting and language(s) for the poster. SECTION 20 - TERMINATION After 7 days' written notice, either party may elect to terminate this Agreement for justifiable reasons. In this event, the Client shall pay AET for all work performed, including demobilization and reporting costs to complete the Services. SECTION 21 - SEVERABILITY Any provisions of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force. However, Client and AET will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. SECTION 22 - GOVERNING LAW This Agreement shall be construed in accordance with the Laws of the State of Minnesota without regard to its conflicts of law provisions. SECTION 23 - ENTIRE AGREEMENT This Agreement, including these terms and conditions and attached proposal and appendices, is the entire agreement between AET and Client. Regardless of method of acceptance of this Agreement by the Client, this Agreement supersedes any written or oral agreements, including purchase/work orders or other Client agreements submitted to AET after the start of our Services. Any modifications to this Agreement must be mutually acceptable to both parties and accepted in writing. No considerations will be given to revisions to AET's terms and conditions or alternate contract format submitted by the Client as a condition for payment of AET's accrued Services. 341 342 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 12/6/2021 License # 20443386 (651) 288-5137 (651) 286-0560 25623 AMERICAN CONSULTING SERVICES INC AMERICAN ENGINEERING TESTING INC AMERICAN PETROGRAPHIC SERVICES INC 550 CLEVELAND AVE N ST PAUL, MN 55114-1804 25666 25674 25658 20443 A 2,000,000 P630539K8896PHX22 1/1/2022 1/1/2023 1,000,000 10,000 2,000,000 4,000,000 4,000,000 2,000,000B 8102L6457122143G 1/1/2022 1/1/2023 10,000,000C CUP3K2260092143 1/1/2022 1/1/2023 10,000,000 0 D UB9H9151012143G 1/1/2022 1/1/2023 1,000,000 N 1,000,000 1,000,000 E PROF/POLL LIABILITY ECH254066939 1/1/2022 EACH CLAIM 10,000,000 E RETRO: 070287 ECH254066939 1/1/2022 1/1/2023 AGGREGATE 15,000,000 RENEWALS: contracts@teamAET.com ILLUSTRATION CERTIFICATE AMERCON-12 AROSS Hub International Great Plains 245 E. Roselawn Avenue Suite 31 Saint Paul, MN 55117-1940 Ann Ross ann.ross@hubinternational.com The Phoenix Insurance Company The Travelers Indemnity Company of America Travelers Property Casualty Company of America The Travelers Indemnity Company Continental Casualty Company X 1/1/2023 X X X X X X X 343 1 201749v1 PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this 28th day of November, 2022, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and American Engineering Testing (AET) ("Consultant"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Consultant for geotechnical investigation and engineering services. 2. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents," all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Professional Services Agreement; B. Request for quote – 2023 City Pavement Rehab Project (#23-01) & 2023 Mill & Overlay Project (#23-04) dated November 2, 2022; C. Insurance Certificate; D. Consultant’s November 17, 2022 proposal for Geotechnical and Pavement Exploration (“Proposal”). In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts, with Contract Document “A” having the first priority and Contract Document “D” having the last priority. 3. COMPENSATION. Consultant shall be paid by the City for the services described in the Proposal a not to exceed fee of Thirty-Two Thousand Seven Hundred Forty Nine Dollars ($32,749.00) inclusive of expenses. Services performed directly by Consultant shall be paid at an hourly rate in accordance with the Proposal, subject to the not to exceed fee. The not to exceed fees and expenses shall not be adjusted if the estimated hours to perform a task, the number of required meetings, or any other estimate or assumption is exceeded. Consultant shall bill the City as the work progresses. Payment shall be made by the City within thirty-five (35) days of receipt of an invoice. 4. DOCUMENT OWNERSHIP. All reports, plans, models, diagrams, analyses, and information generated in connection with performance of this Agreement shall be the property of the City. The City may use the information for its purposes. 344 2 201749v1 5. CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the City. No payment will be due or made for work done in advance of such approval. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 7. STANDARD OF CARE. Consultant shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional consultant under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Consultant’s services. 8. INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the execution or performance of the services provided for herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. 9. INSURANCE. Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker’s Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $2,000,000 each occurrence/aggregate Automobile Liability $2,000,000 combined single limit Professional Liability $2,000,000 each occurrence/aggregate The City shall be named as an additional insured on the general liability policy on a primary and non- contributory basis. Before commencing work, the Consultant shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. 10. INDEPENDENT CONTRACTOR. The City hereby retains Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. Consultant is not an employee of the City and is free to contract with other entities as provided herein. Consultant shall be responsible for selecting the means and methods of performing the work. Consultant shall furnish any and all supplies, equipment, and incidentals necessary for Consultant’s performance under this Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's agents or employees are in any manner agents or employees of the City. Consultant shall be exclusively responsible under this Agreement for Consultant’s own FICA payments, workers compensation payments, unemployment compensation payments, 345 3 201749v1 withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Consultant shall comply with Minnesota Statutes § 471.425. Consultant must pay subcontractors for all undisputed services provided by subcontractors within ten (10) days of Consultant’s receipt of payment from City. Consultant must pay interest of one and five-tenths percent (1.5%) per month or any part of a month to subcontractors on any undisputed amount not paid on time to subcontractors. The minimum monthly interest penalty payment for an unpaid balance of One Hundred Dollars ($100.00) or more is Ten Dollars ($10.00). 12. CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Carver County Minnesota. 13. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Consultant must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement. Consultant is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Consultant receives a request to release data, Consultant must immediately notify City. City will give Consultant instructions concerning the release of the data to the requesting party before the data is released. Consultant agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Consultant’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 14. COPYRIGHT. Consultant shall defend actions or claims charging infringement of any copyright or software license by reason of the use or adoption of any software, designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 15. PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contract requires, or the Consultant desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Consultant shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, the Consultant shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the Contract, and shall indemnify and 346 4 201749v1 defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement. 16. RECORDS. Consultant shall maintain complete and accurate records of hours worked and expenses involved in the performance of services. 17. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 18. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof, as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 20. TERMINATION. This Agreement may be terminated by the City for any reason or for convenience upon written notice to the Consultant. In the event of termination, the City shall be obligated to the Consultant for payment of amounts due and owing including payment for services performed or furnished to the date and time of termination. Dated: _______________, 2022. CITY OF CHANHASSEN BY: _____________________________________________ Elise Ryan, Mayor BY: _____________________________________________ Laurie Hokkanen, City Manager Dated: _______________, 2022. _______________________ BY: _____________________________________________ Its 347 City Council Item November 28, 2022 Item Resolution 2022-XX: Approve Acquisition of Real Property from the Chanhassen Economic Development Authority File No.Item No: E.10 Agenda Section CONSENT AGENDA Prepared By Jill Sinclair, Environmental Resource Specialist Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts a resolution approving the acquisition of real property from the Chanhassen Economic Development Authority." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY Five properties, comprising the parking lots of the Medical Arts and Colonial Square buildings, are under the owner’s name of “Chanhassen HRA.” The Chanhassen Housing and Redevelopment Authority (HRA) no longer exists under that name and transferred its duties to the Economic Development Authority (EDA). This resolution approves the acquisition of the properties by the City of Chanhassen from the EDA. BACKGROUND In 2021, the City received a Minnesota Department of Natural Resources (MnDNR) Shade Tree Bonding Grant to fund the removal and replacement of 50 ash trees. As a part of this project, ash trees that were planted in the landscape islands within the Medical Arts and Colonial Square parking lots were removed and replaced. As a condition of the grant, the trees are required to be planted on properties where the City is the fee owner. Transferring the properties from the Chanhassen HRA to the 348 City of Chanhassen will update the ownership and establish the City of Chanhassen as the fee owner of the property. DISCUSSION BUDGET RECOMMENDATION Staff recommends that the City Council adopt a resolution approving the acquisition of real property from the Chanhassen Economic Development Authority. ATTACHMENTS Resolution 349 224070v1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 28, 2022 RESOLUTION NO: 2022-XX MOTION BY: SECONDED BY: A RESOLUTION APPROVING ACQUISITION OF REAL PROPERTY FROM THE CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY WHEREAS, the City of Chanhassen (“City”) is in the process of removing and replacing shade trees in the City (“Work”) through a grant from the Department of Natural Resources, Forestry Division (“Grant”) which Work will occur within City owned parks and within property currently owned by the Chanhassen Economic Development Authority (“EDA”), which EDA property is legally described in the attached Exhibit A (“Property”); and WHEREAS, to accept the Grant, the City must be the fee owner of the property subject to the Grant; and WHEREAS, to facilitate the Work with the use of the funds from the Grant, the EDA proposes to convey the Property to the City by quit claim deed; and WHEREAS,Minn. Stat. § 462.356, subd. 2 requires that the Planning Commission review the City's proposed acquisitions and dispositions of property, and WHEREAS,Minn. Stat. § 462.356, subd. 2 provides for an exception from the Planning Commission review requirement upon 2/3 vote of the City Council dispensing with the requirement and finding that the acquisition or disposal of the property has no relationship to the comprehensive municipal plan. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota: 1. The City Council finds that the acquisition of the Property from the EDA has no relationship to the comprehensive municipal plan; and 2. Review by the Planning Commission of the conveyance of the Property is hereby dispensed with, the proposed transaction is hereby approved, and the Mayor and City Manager are authorized and directed to execute the quit claim deed and take all measure to acquire the Property from the EDA. 350 224070v1 PASSED AND ADOPTED by the Chanhassen City Council this 28th day of November, 2022. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 351 224070v1 EXHIBIT “A” Legal Description of Subject Property: Outlot B, Medical Arts Addition Outlot C, Medical Arts Addition Outlot D, Medical Arts Addition Lot 2, Block 1, CHADDA 2nd Addition Outlot A, CHADDA 2nd Addition 352 City Council Item November 28, 2022 Item Resolution 2022-XX: Approve Joint Resolution Detaching and Annexing Property to Shorewood: 6200 Cardinal Avenue File No.Item No: E.11 Agenda Section CONSENT AGENDA Prepared By Bob Generous, Senior Planner Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts a joint resolution authorizing the concurrent detachment of land from the City of Chanhassen and annexation to City of Shorewood." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY The property owners, Gerald L. and C. Lynn Cox, have requested that the City of Chanhassen detach a portion of their property located within Hennepin County from the City of Chanhassen, and that the City of Shorewood annex the property into their City. Detachment and annexation is regulated by Minnesota Statutes section 414.061. The detached parcel (southerly 50 feet of part of Lots 87 and 89, Auditor’s Subdivision Number 135, Hennepin County, Minnesota) will be combined with the property to the north and a new home will be constructed on that property. Another home could then be constructed on the property within Chanhassen. BACKGROUND In 1993, the cities of Shorewood and Chanhassen entered into a joint resolution detaching and annexing 353 the subject property into the City of Chanhassen. The annexation placed the entire house on the property within the City of Chanhassen. The existing house on the property has been demolished. The detached parcel (southerly 50 feet of part of Lots 87 and 89, Auditor’s Subdivision Number 135, Hennepin County, Minnesota) will be combined with the property to the north and a new home will be constructed on that property. Another home could then be constructed on the property within Chanhassen. DISCUSSION The proposed detachment and annexation straightens out jurisdictional boundaries in this area. BUDGET RECOMMENDATION Staff recommends that City Council adopt the attached resolution authorizing the concurrent detachment of land from Chanhassen and annexation to Shorewood. ATTACHMENTS Resolution Detachment from Chanhassen and Annexation into Shorewood 354 CITY OF CHANHASSEN RESOLUTION NO. 2022-XX CITY OF SHOREWOOD RESOLUTION NO. 22-XXX A JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM CHANHASSEN AND ANNEXATION INTO SHOREWOOD OF CERTAIN LANDS PURSUANT TO MINNESOTA STATUTES SECTION 414.061 WHEREAS, the property located at 6200 Cardinal Avenue (PID 34-117-23-44- 0052) is currently within the City of Chanhassen and Hennepin County and is legally described as: That part of Lot 87, Auditor’s Subdivision Number 135, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of said Lot 87; thence west along the south line thereof to the southwest corner thereof; thence north along the west line thereof, a distance of 50 feet; thence in a straight line easterly to a point on the East line of said lot 50 feet north of the southeast corner thereof; thence south along the east line thereof, to the point of beginning. And, That part of Lot 89, Auditor’s Subdivision Number 135, Hennepin County, Minnesota, described as follows: Commencing at the southwest corner of said Lot 89; thence north along the west line 50 feet; thence easterly and parallel with the southerly line a distance of 49 feet; thence south 79◦, 41’ 43” west a distance of 51 feet; thence west along the southerly line of said lot a distance of 40 feet to the point of beginning. (the “Annexation Property”) WHEREAS,the Annexation Property is approximately .4 acres in size, shown graphically on Exhibit A attached hereto and incorporated herein is located in the City of Chanhassen; and WHEREAS, the Annexation Property is located along the northerly border of Chanhassen and is located adjacent to the City of Shorewood; and WHEREAS, the City of Shorewood and the City of Chanhassen want the entire Annexation Parcel to be located in the corporate limits of the City of Shorewood; and WHEREAS,the Cities of Chanhassen and Shorewood want to modify their mutual municipal boundary to permit the Annexation Parcel to be located entirely within Shorewood; and 355 WHEREAS, to modify the boundary, the City of Chanhassen desires to detach and the City of Shorewood desires to annex the Annexation Parcel pursuant to Minnesota Statutes §414.061. NOW, THEREFORE, BE IT RESOLVED: 1. The Cities of Chanhassen and Shorewood jointly request that the Minnesota Office of Administrative Hearings – Municipal Boundary Adjustment Unit concurrently detach the Annexation Property from the City of Chanhassen and annex the same to the City of Shorewood at the earliest possible date. 2. The City Attorney for the City of Shorewood is authorized to submit this resolution along with all appropriate application materials to the Minnesota Office of Administrative Hearings – Municipal Boundary Adjustment Unit for the purposes set forth herein. Adopted by the City Council of the City of Chanhassen on the 28 th day of November, 2022. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor MOTION BY: SECONDED BY: YES NO ABSENT 356 Adopted by the City Council of the City of Shorewood on the ___ day of ____________, 2022. Jennifer Labadie, Mayor ATTEST: Sandie Thone, City Clerk Ed Shukle, Interim City Administrator 357 EXHIBIT A –The Annexation Property 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 City Council Item November 28, 2022 Item Resolution 2022-XX: Approve a Sewer and Water Service Agreement with the City of Shorewood and Private Property Owner File No.N/A Item No: E.12 Agenda Section CONSENT AGENDA Prepared By Charlie Howley, Director of Public Works/City Engineer Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts a resolution approving entering into a sewer and water service agreement with the City of Shorewood and private property owner of 6190 Cardinal Avenue, Shorewood, MN." Motion Type Simple Majority Vote of members present Strategic Priority Development & Redevelopment SUMMARY As part of the de-annexation agreement for a portion of the property at 6200 Cardinal Avenue from Chanhassen to Shorewood, a new buildable residential lot will be created in Shorewood. Shorewood does not have public sewer and water service available to this area. Chanhassen currently serves the existing 6200 Cardinal Avenue property (in Chanhassen) with sewer and water, and it's feasible to have the new property at 6190 Cardinal Avenue (in Shorewood) also connect to Chanhassen's utility lines. A request to provide the utility services to the property has been made, and Chanhassen has the capacity to allow the new connection. Chanhassen will receive hookup and access charges and will bill the new property directly for sewer and water service fees. BACKGROUND 382 N/A DISCUSSION N/A BUDGET N/A RECOMMENDATION Staff recommends approval of the agreement. ATTACHMENTS Resolution Sewer & Water Agreement for 6190 Cardinal Avenue in Shorewood 383 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 28, 2022 RESOLUTION NO: 2022-XX MOTION BY: SECONDED BY: A RESOLUTION APPROVING AN AGREEMENT FOR CHANHASSEN TO PROVIDE WATER AND SANITARY SEWER SERVICES TO A PROPERTY IN SHOREWOOD WHEREAS,a request has been made by the City of Shorewood and the property owners of 6190 Cardinal Avenue, Shorewood, MN, for Chanhassen to provide sanitary sewer and water utility service to said property; and WHEREAS,Shorewooddoes not currently have, and does not currentlyhave imminent plans to provide, sewer and water services to the property; and WHEREAS,Chanhassen has public sewer and water utilities nearby that have capacity to serve the property; and WHEREAS,an appropriate utility easement will be provided by and across the property located at 6200 Cardinal Avenue, Chanhassen, MN, to allow the utility lines; and WHEREAS,the property owner will be responsible for the cost of installing the utility service lines, including applicable hookup charges payable to Chanhassen; and WHEREAS,Chanhassen will bill the property directly for sanitary sewer and water service fees. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby authorizes entering into an agreement to provide sanitary sewer and water service to the property located at 6190 Cardinal Avenue, Shorewood, MN. PASSED AND ADOPTED by the Chanhassen City Council this 28 th day of November, 2022. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 384 SEWER AND WATER SERVICES AGREEMENT FOR THE PROPERTY LOCATED AT 6190 CARDINAL AVENUE This Agreement, made this _____ day of _______________, 2022, by and between the City of Shorewood, a Minnesota municipal corporation (‘Shorewood’), the City of Chanhassen, a Minnesota municipal corporation, (‘Chanhassen’), and Gerald L. and Carol L. Cox, (‘Property Owner’). WHEREAS, the Property Owner is the owner of certain lands located at 6190 Cardinal Avenue, Shorewood, MN; legally described as That part of Lot 87, Auditor’s Subdivision Number 135, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of said Lot 87; thence west along the south line thereof to the southwest corner thereof; thence north along the west line thereof, a distance of 50 feet; thence in a straight line easterly to a point on the East line of said lot 50 feet north of the southeast corner thereof; thence south along the east line thereof, to the point of beginning. And, That part of Lot 89, Auditor’s Subdivision Number 135, Hennepin County, Minnesota, described as follows: Commencing at the southwest corner of said Lot 89; thence north along the west line 50 feet; thence easterly and parallel with the southerly line a distance of 49 feet; thence south 79◦, 41’ 43” west a distance of 51 feet; thence west along the southerly line of said lot a distance of 40 feet to the point of beginning, and as shown in Exhibit A attached hereto and made a part hereof, (‘Subject Property’); and WHEREAS, the Property Owner has made application to Shorewood for approval of a Concurrent Detachment Annexation and Building Permit of the Subject Property; and WHEREAS, the Property Owner and Shorewood have requested that Chanhassen provide sewer and water services to the Subject Property; and WHEREAS, Chanhassen has agreed to permit the Subject Property to connect to Chanhassen’s sewer and water system, all subject to certain terms and conditions. NOW, THEREFORE, in consideration of the foregoing premises and approval by Chanhassen and Shorewood of the proposed Detachment Annexation and approval by Shorewood of the Building Permit; Shorewood, the Property Owner, and Chanhassen agree as follows: 385 1. Services Provided. Sanitary sewer and water services to the Subject Property shall be connected to Chanhassen’s sewer and water utilities subject to application and payment of all required connection and service fees by the owner of the Subject Property. Chanhassen shall directly bill the owner of the Subject Property for the services. Shorewood agrees to promptly certify the fees as a tax against the property if the fees are not paid when due. 2. Utility Lines. The Property Owner shall be responsible for the construction of all utility lines in accordance with Chanhassen’s latest edition of Standard Construction Specifications and applicable building and plumbing codes. As part of the building permit, Shorewood will alert Chanhassen at the appropriate time for Chanhassen to perform an inspection of the utility lines. 3. Construction and Maintenance. The Property Owner shall be responsible for all construction and perpetual maintenance costs incurred in connection of the Subject Property with the Chanhassen sewer and water lines. The Property Owner shall be responsible for costs of installation, inspection, hook-up charges, sewer and water availability charges, and fees which are normally associated with sewer and water service provided by Chanhassen. Said fees must be paid prior to physical connection to the Chanhassen utilities. 4. Utility Easement. The Property Owner shall prepare and obtain a utility easement across the property located at 6200 Cardinal Avenue, Excelsior, MN, and legally described in Exhibit B attached hereto, for the benefit of the Subject Property. The easement must be recorded with Hennepin and Carver Counties prior to construction of the sewer and water lines and evidence of such recording provided to Shorewood and Chanhassen. 5. Access. The Subject Property shall have access from the existing private drive off of Cardinal Avenue. The Property Owner shall obtain an Access Agreement from the property owners of 6200, 6204 and 6210 Cardinal Avenue, Excelsior, MN. 6. Public Safety and Emergency Services. Public Safety and Emergency Services for the Subject Property will continue to be provided by Shorewood. 7. Recordation. This Agreement, along with the Access Agreement, and Utility Easement, shall be recorded against the Subject Property and the affected parties with Hennepin and Carver Counties and evidence of such recording provided to Shorewood and Chanhassen prior to construction of the sewer and water lines. 8. Agreement to Run with Land. It is intended that each of the easements, conditions, rights, and obligations set forth herein shall run with the land and create equitable servitudes in favor of the Subject Property, and shall be binding upon the current and future owner(s) of the Subject Property, their successors, assigns, heirs, and personal representatives. 386 IN WITNESS WHEREOF, the parties hereto have caused these present to be executed on the day and year first above written. Dated:______________________ CITY OF CHANHASSEN By:___________________________ Elise Ryan, Mayor CITY OF CHANHASSEN By:___________________________ Laurie Hokkanen, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _____ day of _______________, 2022, by Elise Ryan, and by Laurie Hokkanen, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________ Notary Public 387 Dated:______________________ CITY OF SHOREWOOD By:___________________________ Jennifer Labadie, Mayor CITY OF SHOREWOOD By:___________________________ Sandie Thone, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of _______________, 2022, by Jennifer Labadie, the Mayor and Sandie Thone, the City Clerk of the City of Shorewood, a Minnesota municipal corporation, on behalf of the City of Shorewood. ______________________________ Notary Public 388 Dated:______________________ PROPERTY OWNER By:___________________________ Gerald L. Cox PROPERTY OWNER By:___________________________ Carol L. Cox STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _____ day of _______________, 2022, by Gerald L. Cox, and by Carol L. Cox, Property Owners. ______________________________ Notary Public 389 Exhibit A: The Subject Property Parcel 2 as identified on the Survey below 390 Exhibit B: Legal Description of 6200 Cardinal Ave. Property That part of the Northeast ¼ of Section 3, Township 116, Range 23 described as follows; Beginning at a point in the North line of said Section 3, distant 1356 feet West of the Northeast corner of said Northeast ¼; thence continuing West of the North line of said Section 3, a distance of 450 feet; thence South, at right angles to said North line, a distance of 193.6 feet; thence East parallel with said North line a distance of 450 feet; thence North at right angles to the last described course a distance of 193.6 feet to the point of beginning, Carver County. 391 City Council Item November 28, 2022 Item Resolution 2022-XX: Approve Settlement Agreement for Parcel 29 as part of the CSAH 101 Improvement Project File No.ENG 14-08 Item No: E.13 Agenda Section CONSENT AGENDA Prepared By Charlie Howley, Director of Public Works/City Engineer Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts a resolution approving a Settlement Agreement for Parcel 29 as part of the CSAH 101 Improvement Project." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY As part of the County Highway 101 project, eminent domain procedures are being used on various parcels along the corridor to feasibly allow for the construction of the highway improvements. The project is primarily funded from MnDOT turnback funds, State Bond proceeds, and County sources. The only funding responsibility of the City is for municipal sewer and watermain infrastructure. Council approval of ROW Settlement Agreements is necessary since we are the lead agency on the project. The City will be paying the settlements and getting reimbursed from the County. This parcel was only impacted by the need for temporary easement as part of the construction, no permanent right-of-way was needed or obtained. 392 BACKGROUND N/A DISCUSSION N/A BUDGET N/A RECOMMENDATION Staff recommends approval of the Settlement Agreement. ATTACHMENTS Resolution 2022-11-22 Stipulation of Settlement (Parcel 29) S.A.P. 194-020-014 - Right-of-Way Layout 393 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 28, 2022 RESOLUTION NO:2022-XX MOTION BY: ___SECONDED BY: __ RESOLUTION APPROVING A SETTLEMENT AGREEMENT FOR CSAH 101 PARCEL 29 WHEREAS, the City of Chanhassen (“City”), having the power of eminent domain as provided in Minnesota Statutes, Chapter 117, filed a petition in eminent domain proceedings and motion for early transfer of title and possession to acquire various interests in land in the City of Chanhassen for the reconstruction, expansion, and improvement of County State Aid Highway 101 from County State Aid Highway 14 (Pioneer Trail to County State Aid Highway 61 (Flying Cloud Drive) (the “Project”); and WHEREAS, the Petition for the Project was filed on November 18, 2019, as a part of Carver County Court File No. 10-CV-19-1132 (the “Action”); and WHEREAS,to facilitate the Project, the Action included acquiring certain real property interests owned by Renee L. Strickland (the “Owner”) and as defined as Parcel 29 within the Action (the “Property”); and WHEREAS, subject to approval by the City Council, representatives of the parties have negotiated a Settlement Agreement, a copyof which is attached hereto as Exhibit A, which resolves all outstanding claims and issues between the parties related to the Property; and WHEREAS, the City Council has fully considered the terms of the Settlement Agreement and has determined that it is in the best interests of the community to approve it as presented. NOW, THEREFORE, BE IT RESOLVED THAT the above-referenced recitals are incorporated herein to this Resolution. BE IT FURTHER RESOLVED, that the Settlement Agreement is hereby approved by the City Council of the City of Chanhassen. BE IT FURTHER RESOLVED, that the Mayor and City Manager of the City are hereby authorized and directed to execute all appropriate documents and take all necessary actions to facilitate the settlement contemplated herein, with all such actions to be in accordance with the terms and conditions set forth in this Resolution and the incorporated Settlement Agreement. BE IT FINALLY RESOLVED, that the Mayor and City Manager of the City, staff and consultants are hereby authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent of this Resolution. 394 2 PASSED AND ADOPTED by the Chanhassen City Council this 28th day of November, 2022. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 395 3 EXHIBIT A The Settlement Agreement 396 1 CH135-61-831779.v1-10/12/22 STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT Case Type: Condemnation The City of Chanhassen, a Minnesota municipal corporation, Petitioner, vs. PCH Development, LLC, et al, Respondents. Court File No. 10-CV-19-1132 STIPULATION OF SETTLEMENT FOR PARCEL 29 This Stipulation of Settlement for Parcel 29 (the “Agreement”) is entered into by and between the Petitioner City of Chanhassen (“City”) and Respondent Renee L. Strickland (“Owner”) (together collectively referred to herein as the “Parties”, or each a “Party”), on this ___ day of ________________, 2022. Recitals A. The City filed a petition in eminent domain proceedings and motion for early transfer of title and possession to acquire various interests in land in the City in the above-captioned matter for the reconstruction, expansion, and improvement of County State Aid Highway 101 (Flying Cloud Drive). B. The Owner is the owner in fee simple of certain real property located in Carver County and which are legally described in the attached Exhibit A (the “Property” or “Parcel 29”). 397 2 C. The following parties are identified in the Petition as having or potentially having an interest in Parcel 29 but are not parties to this Agreement (the “Third Party Respondents”): a. Wings Financial, a Minnesota credit union, now known as Wings Financial Advisors, a Minnesota limited liability company; and b. All other parties unknown, together with unknown successors, assigns, heirs, devisees and spouses, if any. D. On January 13, 2020, the Court filed its Findings of Fact, Conclusions of Law and Order Approving Petition and Transfer of Title and Possession. On January 31, 2020, the Court filed its Amended Findings of Fact, Conclusions of Law, and Order Approving Petition and Transfer of Title and Possession (the “Amended Order Approving Petition”) in the above matter, approving the City’s acquisition of the interests in the Property and authorized the City to obtain the early transfer of title and possession of the Property upon the City’s payment to the Owner or deposit with the Court of the City’s approved appraisal value for the Property pursuant to Minnesota Statutes, Section 117.042. E. On February 18, 2020, pursuant to the Amended Order Approving Petition, the City deposited with the Court Administrator’s Office $9,350 as the amount of the City’s approved appraisal of value for Parcel 29 (the “Quick Take Deposit”). F. On February 18, 2020, the City filed said Amended Order Approving Petition in the Office of the County Recorder/Registrar of Titles for Carver County, as Document No. A691199. On February 18, 2020, the City filed a Receipt of Deposit in the Office of the County Recorder/Registrar of Titles for Carver County, as Document No. A691200, thereby causing title and the right to possession of the Properties to pass to the City. 398 3 G. The Parties have now reached an agreement on the total amount which the City will pay to the Owner in settlement of all claims which the Owner may have against the City in connection with the taking by the City from the Property in this matter, and the Parties enter into this Agreement confirming the terms and conditions of said agreement. Terms of the Agreement NOW, THEREFORE, in consideration of their mutual promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties stipulate and agree as follows: 1. Recitals. The recitals set forth above are true and accurate and each are incorporated as material terms. 2. Settlement Amount. The Parties agree to a full and final settlement of all claims related to and arising from the City’s acquisition of Parcel 29 for the total payment amount of thirty-two thousand, nine hundred ten dollars and no cents ($32,910.00) (the “Settlement Amount”), payable to Owner as set forth in Paragraph 5 below. 3. Proposed Award. The Parties agree to the issuance by the court-appointed commissioners of a report of commissioners for the Property equal to the Settlement Amount, payable entirely to the Owner, with zero dollars payable to all other Respondents, in substantially the form attached as Exhibit B (“Proposed Award”). Once the Commissioners have signed the Proposed Award, the City shall file it with the District Court and serve notice of its filing. Subject to the contingency in Paragraph 4 of this Agreement, the Parties agree not to appeal this Agreement, the Settlement Amount, or the award made in the Report of Commissioners. 4. Contingency. This Agreement is contingent on the filing of the Report of Commissioners awarding the Settlement Amount as specified in Paragraphs 2 and 3 above, and on 399 4 the expiration of the statutory appeal period without an appeal. All known respondents who may claim an interest in the taking of the Property Interests will be given notice of the Commissioners’ Hearing and of the filing of the Report of Commissioners. If any Third-Party Respondent objects to the entry of the Report of Commissioners, then this Stipulation shall terminate and Petitioner and Respondents each reserve their right to proceed with a contested Commissioners’ Hearing on damages and to pursue appeals from the final award of Commissioners; PROVIDED that Owner may (at its option) (a) negotiate a resolution to any claim by a third party (“Third-Party Claim”) and secure a waiver or release reasonably satisfactory to City of any Third-Party Claim (“Third-Party Release”) or (b) bring any and all necessary motions to the Court seeking to secure an order from the Court disposing of or liquidating the claims of any other Third-Party Respondent (“Third-Party Motion”). The City agrees not to object to the Third-Party Motion. If the Owner is successful in obtaining a Third-Party Release or in disposing of Third-Party Claims, then the City and Owner agree to be bound by this Stipulation. If an appeal of the commissioners’ award is filed within the statutory appeal period, this Agreement shall be null and void and both parties agree to proceed to conduct a de novo jury trial before the Minnesota District Court 5. Payment. Within 15 business after the expiration of the 40-day appeal period under Minnesota Statutes, Section 117.145 without appeal, or upon entry of a final judgment as provided in Paragraph 4 above (after Respondent obtains either a Third-Party Release or disposes of Third-Party Claims), the City shall pay the Unpaid Balance of the Settlement Amount to the Owner by issuing a check in the name of “Renee L. Strickland” and sending it by U.S. mail to the following address: 10251 Great Plains Boulevard, Chaska, MN 55318. 6. Quick Take Deposit. The Owner hereby assigns to the City all of its right, title and interest in the Quick-Take Deposit. The City and the Owner hereby agree to the entry of a Court order 400 5 directing disbursement to the City alone of the Quick-Take Deposit, together with any interest that has accrued thereon. At any time after the delivery of the Settlement Check to Owner, the City may apply to the Court for disbursement to the City of the Quick-Take Deposit, together with any interest that has accrued thereon, without further notice to respondents. 7. Full and Final Compromise. The terms and conditions of this Agreement constitute a full and final compromise of all matters in dispute with respect to the Property and the Parties. In consideration of the Settlement Amount and other terms and conditions of this Agreement, the Owner waives any and all claims it may have against the City in connection with this condemnation action, including without limitation, just compensation, statutory remedies, all severance damages, any other damages, interest, relocation benefits, appraisal fees, attorney fees, and costs and disbursements to which Owner may otherwise be entitled. Owner agrees that payment and acceptance of the Settlement Amount constitutes full accord and satisfaction for all claims for damages, past, present, and future, of any kind or nature, occasioned by the taking, that were made or could have been made in the condemnation action. The Owner waives any and all rights to further notices, viewings, or hearings regarding this action. 8. Waiver of Appeal. The Parties waive the right to appeal this Agreement and/or any orders entered pursuant to this Agreement. 9. Condemnation Action. After payment as provided under Paragraph 5 of this Agreement the City will file a Final Certificate with respect to Parcel 29 and will file a discharge of notice of lis pendens in the Office of the Office of the County Recorder or Registrar of Titles for Carver County. Each party will bear its own costs in connection with this action. The district court shall retain jurisdiction to enforce the terms of this Agreement. 401 6 10. Entire Agreement. This Agreement contains the entire agreement of the Parties regarding this matter. 11. Binding Effect and Capacity to Sign. Any person signing this Agreement in a representative capacity represents and warrants by signing this Agreement that it is the signer’s intent to bind the principal being represented to the terms and conditions of this Agreement, that the signer has been authorized to bind the principal to the terms and conditions, and that it is the intent of the principal to be so bound. 12. Voluntary Execution. Owner has either consulted or had the opportunity to consult with an attorney prior to executing this Agreement. The undersigned state and represent that they have fully read this Agreement, and that they each know and understand the consequences and legal effect thereof. 13. Mediation. Any controversy, dispute or claim rising out of or relating to this Agreement, if not settled by direct negotiation between the Parties, shall be submitted to mediation prior to initiating action with the Court. Any demand for mediation by either Party shall be made in writing and served upon the other party and shall set forth with reasonable specificity the basis of the dispute and the relief sought. Any mediation hereunder shall be conducted before an independent mediator mutually selected by the Parties. 14. Counterparts. This Stipulation may be executed in counterparts which, taken together, shall constitute one agreement. {The remainder of this page is intentionally left blank; signature pages to follow} 402 7 {Signature Page for the City of Chanhassen} Dated: _______________, 2022 CITY OF CHANHASSEN ________________________________ Elise Ryan, Mayor ________________________________ Laurie Hokkanen, City Manager Dated: ________________, 2022 KENNEDY & GRAVEN, CHARTERED ___________________________ Joshua P. Weir (#0402328) Fifth Street Towers 150 South 5th Street, Ste. 700 Minneapolis, MN 55402 (612) 337-9300 ATTORNEYS FOR PETITIONER CITY OF CHANHASSEN 403 404 A-1 EXHIBIT A Parcel 29 Property Tax Identification No. 25.120-0080 Property Address: 10251 Great Plains Boulevard, Chaska, MN 55318 Property: Abstract Legal Description of Subject Property: Lot 7, Block 2, BLUFF CREEK HIGHLANDS, Carver County, Minnesota. Description of Portion of Subject Property to Be Encumbered Herein by Temporary Easement for Construction Purposes: Parcel 29 as shown on CARVER COUNTY RIGHT OF WAY PLAT No. 29, on file and of record in the office of the County Recorder, Carver County, Minnesota, containing a total of 12,016 square feet, more or less. Term of Temporary Easement: The temporary easement tract will expire on December 31, 2021. Respondents Interests Renee L. Strickland Fee Owner Wings Financial, a Minnesota credit union, now known as Wings Financial Advisors, a Minnesota limited liability company Mortgagee City of Chanhassen Special Assessments, if any All other parties unknown, together with unknown successors, assigns, heirs, devisees and spouses, if any Any right, title or interest within the acquired portion of the Subject Property 405 B-1 CH135-61-831779.v1-10/12/22 EXHIBIT B Form of Proposed Award STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT Case Type: Condemnation The City of Chanhassen, a Minnesota municipal corporation, Petitioner, vs. PCH Development, LLC, et al, Respondents. Court File No. 10-CV-19-1132 REPORT OF COMMISSIONERS PARCEL 29 We, the undersigned Commissioners, appointed in this matter by Order of this Court, do hereby report as follows: I. We met at the time and place appointed by this Court in the office of the Court Administrator, and each took the oath prescribed by law. II. After notice, we viewed the property identified as Parcel 29 described on Exhibit A of the Court’s Amended Findings of Fact, Conclusions of Law, and Order Approving Petition and Transfer of Title and Possession filed January 31, 2020. III. After notice of meeting and an opportunity for possible claimants to be heard, we make the below award for damages as to Parcel 29. The award is based on the commissioners viewing 406 B-2 CH135-61-831779.v1-10/12/22 of said real estate and the Stipulation of Settlement Agreement (Parcel 29), attached here to as Attachment A (the “Agreement”), which we received and accepted. We heard no testimony relative to this taking nor reviewed any appraisal or other evidence of fair market value or damages related to the taking, other than the Agreement. IV. Pursuant to the parties’ Agreement, we now make the following award for the damages sustained by the Respondents by reason of the taking of the property interests described in Exhibit A to the Petition (a copy of Exhibit A is attached hereto): TO: Renee L. Strickland $32,910.00 TO: Wings Financial, a Minnesota credit union, now known as Wings Financial Advisors, a Minnesota limited liability company $0.00 TO: All other parties unknown, together with unknown successors, assigns, heirs, devises and spouses, if any $0.00 TOTAL DAMAGES TO ALL PARTIES $32,910.00 The foregoing award assumes that the above-referenced properties are free of all pollutants, contaminants and hazardous wastes. We have not assessed any damages for the presence of pollutants, contaminants, and hazardous wastes on the subject properties. This award is made with the express understanding that the Petitioner, the City of Chanhassen, has reserved all rights to recover damages, testing costs and cleanup-costs attributable to the existence of pollutants, contaminants or other hazardous wastes on the properties from the Owner in a separate legal action. {Remainder of Page Intentionally Left Blank; Signature Pages to Follow} 407 B-3 CH135-61-831779.v1-10/12/22 {Commissioners’ Signature Page for Parcel 29} Dated: __________________ Richard Black Commissioner Dated: __________________ ____________________________________ Virginia Bell Commissioner Dated: __________________ Peter Sampair Commissioner 408 409 City Council Item November 28, 2022 Item Monthly Fire Department Update with Call Response Data from October File No.Item No: G.1 Agenda Section FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE Prepared By Don Johnson, Fire Chief Reviewed By Laurie Hokkanen SUGGESTED ACTION N/A Motion Type N/A Strategic Priority Operational Excellence SUMMARY Monthly Fire Department Update with Call Response Data from October 2022. BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 410 2022 11 28 Council Update Call Response Graphs CC Comm Risk Reduction Graphs 411 TO: Laurie Hokkanen, City Manager FROM: Don Johnson, Fire Chief DATE: November 28, 2022 SUBJ: Monthly Fire Department Update Fire Department Staffing Department staffing is at 32 paid on-call firefighters and 6 Full Time personnel. (1) POC Captain is on extended medical leave. Offers have been extended to (3) Career Fire Captains with a tentative start date of January 1, 2023 dependent on council final budget approval on December 12, 2022. Interviews to backfill the promotion of (2) current Career Firefighters took place on November 14 and November 17. Offers were extended to (2) current POC firefighters with a tentative start date of January 1, 2023 dependent on council final budget approval on December 12, 2022. Fire Department Response The fire department responded to (97) calls for service in October. Call Breakdown for the month: 83 Duty Crew 14 General Alarms: (12) General Alarms occurred during times the station was not staffed Significant calls included the following: • Commercial Building fire involving a large electrical box on the outside of the building spreading to the exterior of the building • Basement fire involving a furnace on Meadowlark Lane • Mutual Aid Response to a commercial building fire in Excelsior 412 Laurie Hokkanen Fire Department Update Page 2 EMS Response Data: Total EMS Responses = 52 • Difficulty Breathing (15), Traumatic Injury (7), General Medical (7) • Motor Vehicle Accidents (1) Primary Actions While on Scene • Check For Injuries and Symptoms 4 • Assessment and Vitals 13 • Assessment, Vitals, and Interventions 13 • Packaging and Loading for Transport 13 • Canceled En Route by ALS Provider 2 • Assist ALS with Transport 0 • No Patient Contact 10 Fire Units Arrived Prior to Ridgeview 30 COVID Suspected/Confirmed 2 Other Activities • Several members of the department participated with the Career Captain and Firefighter interview processes throughout November. • I was invited to present at the Morning Rotary on November 2. I provided the group the progression of the Chanhassen Fire Department from 2014 to today. • Station 2 Open House occurred on November 9 Chanhassen Fire Community Risk Reduction Monthly Report for October 2022 Fire Inspections: Including proactive, complaint based, and annual – 11 Inspections 11 construction and fire sprinkler/alarm related inspections: Youngstedts remodel of office area; Storagemart new building final; smaller remodel and fire safety inspections. Plan Reviews: including fire alarm and suppression systems, building construction and remodel, and preliminary plan reviews: 14 Fire related: 8: All smaller remodel projects, moving several sprinkler heads, adding coverage, updating fire panels, etc. Construction: 4: Mostly smaller officer remodel projects, adding walls or moving walls. Preliminary: 2: Preliminary development comments on 2 projects, both home development sites. 413 Laurie Hokkanen Fire Department Update Page 3 Public Education: 22 Hands-Only CPR/AED Training for 30 Paisley Park Employees Fire Prevention Week - 21 school and daycare visits including: • 12 Station Visits from different ages and classrooms Pre-K to 3rd grade including several grades from both Chapel Hill and Chanhassen Elementary. • 9 site visits to Westwood Church, Living Christ Preschool, Children of Tomorrow Daycare, Riley Crossing, and many others. Over 550 students plus teachers and parents attended Fire Safety presentations, station tours, and truck tours. Fire Department Training Updates Continuing Education and Outside Training The department attended two sessions of Live Fire training at SCALE in Jordan. The department also attended quarterly EMS training and renewed all EMR certifications for 2022. MN Fire Chief’s Conference – Chief Nutter, Chief White, and Fire Inspector Fatturi attended along with Conference Chair Chief Johnson. Training for November will consist of Elegard Device training on shift. Fires/Fire Investigations House Fire at 9701 Meadowlark Lane ruled accidental due to mechanical failure of furnace unit. Minor damage caused to area of furnace in crawl space only. Business Fire – 18400 W77th Street ruled accidental due to failure of electrical transformer outside the business. Minor damage to building, transformer completely destroyed. 414 0 20 40 60 80 100 120 Aug Sept Oct Calls by Type and Month Rescue & Emergency Medical Service Alarm Calls Good Intent Call Hazardous Condition Service Call Fire 80 75 65 79 77 74 78 82 65 84 75 83 59 66 83 78 81 91 120 105 117 86 87 105 94 66 78 75 109 106 101 116 120 97 20 40 60 80 100 120 140 Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec Chanhassen Fire Department Calls By Month Comparison 2020 2021 2022 415 753 921 1,002 917 1,078 1,155 400 500 600 700 800 900 1000 1100 1200 2017 2018 2019 2020 2021 2022 Projected Calls for Service by Year Rescue & Emergency Medical Service 63% Alarm Calls 12% Good Intent Call 7% Hazardous Condition 6% Service Call 8% Fire 4% 2022 Calls for Service by % of Call Type Rescue & Emergency Medical Service Alarm Calls Good Intent Call Hazardous Condition Service Call Fire 416 S 13% M 16% T 13% W 16% TH 13% F 14% Sa. 15% 2022 CALLS BY DAY OF WEEK 0 50 100 150 200 250 300 12‐4a 4‐8a 8‐12p 12‐4p 4‐8p 8‐12a CALLS BY TIME OF DAY 2019 2020 2021 2022 417 Elite chanhassenfire Incident Type Report (Summary) Basic Incident Type Code And Description (FD1.21) Total Incidents Total Incidents Percent of Incidents Total Property Loss Total Content Loss Total Loss Total Loss Percent of Total Incident Type Category (FD1.21): 1 - Fire 111 - Building fire 3 3.09%35,000.00 5,000.00 40,000.00 100.00% Total: 3 Total: 3.09%Total: 35,000.00 Total: 5,000.00 Total: 40,000.00 Total: 100.00% Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 311 - Medical assist, assist EMS crew 2 2.06% 3211 - Cardiac Arrest 2 2.06% 32112 - Medical Alarm 1 1.03% 32114 - Serious Medical 3 3.09% 32115 - General Medical 7 7.22% 32116 - Weak/Dizzy/Unwell/Unspecified 1 1.03% 32118 - Medical Other 1 1.03% 3212 - Unconscious/Unresponsive 3 3.09% 3213 - Difficulty Breathing 15 15.46% 3214 - Stroke 2 2.06% 3215 - Seizure 4 4.12% 3216 - Overdose 2 2.06% 3218 - Choking 1 1.03% 3219 - Traumatic Injury/Head Injury/Severe Burn 7 7.22% 324 - Motor vehicle accident with no injuries. 1 1.03% Total: 52 Total: 53.61%Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 4101 - Suspected Gas Odor Inside a Structure 6 6.19% 4102 - Suspected Gas Odor Outside 2 2.06% 412 - Gas leak (natural gas or LPG)2 2.06% 440 - Electrical wiring/equipment problem, other 2 2.06% 445 - Arcing, shorted electrical equipment 1 1.03% Total: 13 Total: 13.40%Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 5 - Service Call 551 - Assist police or other governmental agency 3 3.09% 554 - Lift Assist 10 10.31% 561 - Unauthorized burning 1 1.03% Total: 14 Total: 14.43%Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 6 - Good Intent Call 611 - Dispatched and cancelled en route 2 2.06% 6111 - EMS Dispatched and cancelled en route 4 4.12% Total: 6 Total: 6.19%Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 7 - False Alarm & False Call 733 - Smoke detector activation due to malfunction 1 1.03% 735 - Alarm system sounded due to malfunction 1 1.03% 736 - CO detector activation due to malfunction 1 1.03% 743 - Smoke detector activation, no fire - unintentional 1 1.03% 744 - Detector activation, no fire - unintentional 1 1.03% 745 - Alarm system activation, no fire - unintentional 2 2.06% Printed On: 11/01/2022 07:30:13 AM1 of 2 418 Basic Incident Type Code And Description (FD1.21) Total Incidents Total Incidents Percent of Incidents Total Property Loss Total Content Loss Total Loss Total Loss Percent of Total 746 - Carbon monoxide detector activation, no CO 2 2.06% Total: 9 Total: 9.28%Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Total: 97 Total: 100.00%Total: 35,000.00 Total: 5,000.00 Total: 40,000.00 Total: 100.00% Printed On: 11/01/2022 07:30:13 AM2 of 2 419 420 Community Risk Reduction Reporting Data Breakdown October 2022 3 8 1 0 Fire Inspections by Type Construction Fire Alarm/Sprinkler Special Event Proactive/Complaint based 4 4 4 2 Plan Review by Type Fire Alarm Fire Sprinkler Construction Special event 421 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% August September October 15 15 11 22 14 14 0 2 22 2022 Community Risk Reduction by Type Fire Inspections Plan Reviews Public Education 422 Code Enforcement Specialist Data October 2022 7 12 5 9 10 22 9 26 7 9 3 4 0 2 1 2 4 11 2 000000 1 000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Notice of Violations 1st Notice of Violation Letters 2nd Notice of Violation Letters Citation Issued 36% 10% 6% 10% 5% 7% 5% 15% 6% CES 2022 Call Breakdown Fire Calls Fire Inspections Property Maintenance Nuisances Outdoor Storage Traffic ‐ Motorist Assists/PD Accident Traffic ‐ Parking Animal Calls Burning Complaints Misc/Questions 423 61 65 80 65 89 102 80 96 78 92 0 20 40 60 80 100 120 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DECTotal Calls Total Monthly Calls/Inspections 424 City Council Item November 28, 2022 Item Law Enforcement Update File No.Item No: G.2 Agenda Section FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE Prepared By Lance Pearce, Lieutenant, CCSO Reviewed By Laurie Hokkanen SUGGESTED ACTION N/A Motion Type N/A Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS Chanhassen City Council Meeting 11 28 22 425 October 2022 Breakdown Comparison of Metrics 2019-2022 October 2022 Activity Description by Class 426 Page 1 Memo TO:Mayor Ryan and Chanhassen City Council members FROM: Lieutenant Lance Pearce DATE: November 18, 2022 RE: Law Enforcement Update Attached are the agenda items for the City of Chanhassen council meeting November 28, 2022 for your review and consideration. 1. Carver County Sheriff’s Office City of Chanhassen October 2022 Calls for Service Summary; Group A, Group B, Non-Criminal, Traffic and Administrative. 2. Carver County Sheriff’s Office City of Chanhassen October Arrest Summary. 3. Carver County Sheriff’s Office City of Chanhassen October Citation Summary. 4. October 2022 Breakdown of CFS 5. Staffing update: Contract remains full. 2023 assignments are complete. 6. Training update: November and early December is cold weather on-duty range 7. Employee update: Sgt. Peter Anderley will be leaving the Sheriff’s Office December 1 and Deputy Mark Randall will be retiring December 3. Lieutenant Chanhassen Office 427 October2022 Carver County Sheriff’s Office City of Chanhassen Calls for Service Total Patrol Activity=807 62 14 379 Felony Misdemeanor Non Criminal Traffic October 2022 Types of Calls CFS=807 352 5 34 14 9 October 2022 Group A Assault Theft Drug Other 428 0 10 20 30 40 50 60 70 80 October 2022 Non Criminal 26 242 35 58 Driving Complaint Traffic Stops Crashes Citations Traffic 429 430 431 432 433 434 Comparison of Metrics 2019-2022 Through October 0 2 4 6 8 10 12 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Domestics by Month 2019 Domestics by Month 2020 Domestics by Month 2021 Domestics by Month 2022 Domestics by Month 0 1 2 3 4 5 6 7 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Domestic Assault by Month 2019 Domestic Assault by Month 2020 Domestic Assault by Month 2021 Domestic Assault by Month 2022 Domestic Assault by Month 435 0 5 10 15 20 25 30 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Mental Health by Month 2019 Mental Health by Month 2020 Mental Health by Month 2021 Mental Health by Month 2022 Mental Health by Month 0 10 20 30 40 50 60 70 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Fraud/ Theft by Month 2019 Fraud/ Theft by Month 2020 Fraud/ Theft by Month 2021 Fraud/ Theft by Month 2022 Fraud/ Theft by Month 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 City Council Item November 28, 2022 Item Metropolitan Mosquito Control District 2022 Annual Summary File No.Item No: L.1 Agenda Section CORRESPONDENCE DISCUSSION Prepared By Kim Meuwissen, City Clerk Reviewed By SUGGESTED ACTION N/A Motion Type N/A Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS MMCD 2022 Season Summary dated 11-03-2022 451 rru)rrrrr;G,: S:: J: YH frltl f, opal,TAtt rrrasQu t70 caxf fl oL D,sr nrcT Metro Counties Government Center 2099 University Avenue West Saint Paul, MN 55104-3431 (651) 645-9149 - www.mmcd.org November 3rd,2022 Interim Chanhassen City Manager Kim Meuwissen 7700 Market Blvd. - Box 1.47 Chanhassen, MN 55317 Dear Kim, Enclosed is a summary of work completed by the Metropolitan Mosquito Control District (MMCD) in the Chanhassen area during the 2022 mosquito control season. For the second year in a row Minnesota received below average precipitation and much of the District was under drought conditions during portions of the summer. Most mosquitoes rely on rain for their life cycle and the lack of precipitation brought mosquito numbers down below the 10-year average for the entire season. ln2022 District Staff inspected over 70,000 breeding sites for mosquito larvae and applied L29,B7l acres worth of treatments which is less than the 150,593 in2021. We also treated 301,022 catch basins in the seven-county metro to control disease mosquitoes, which was more than each of the previous two years. West Nile virus was active in Minnesota for a second consecutive year. Confirmations of human WNV illnesses typically occur from late summer to the mid-autumn. As of November 2, six WNV illnesses had been confirmed in Minnesota with one of those cases in a resident of the District (Hennepin County). Data collected by MMCD through mosquito surveillance and testing suggests the final case total for 2022 will be higher. ln2022,42 mosquito samples tested in our lab were positive for WNV and the WNV infection rate in mosquitoes was higher than in 2021- when there were 27 WNV illnesses in District residents. Two other mosquito-borne viruses caused illnesses in Minnesota in 2022. One Jamestown Canyon illness was confirmed in a resident of Ramsey County. One case of La Crosse encephalitis was confirmed in a resident of Olmsted County. For more information about vector-borne disease in2022look for the MMCD Technical Advisory Board report coming in the spring of 2023. MMCD employees controlled immature black flies (biting gnatsJ in small steams and large rivers throughout the metropolitan area. Ln2022,101 black fly larvicide treatments were made to the rivers and streams in the District. Higher than normal river levels occurred in May and June but did not adversely affect our ability to sample or treat. Adult black flies remained at tolerable levels for most of season with the number of black fly annoyance calls in 2022 (11) much less than in 20211151.). With COVID restrictions relaxed, we have been able to be more present in schools and communities this year to offer educational presentations. If you would Iike MMCD to attend your event, please contact us. If you have any questions or would like to meet to discuss our agency's activities, please contact me Sincerely, Stephen A. Manweiler, Executive Director Phone: [651) 643-8365 //Email: mmcd sam(dmmcd.org 452 2022 Activity Summary for Chanhassen LARVAL CONTROL The majority of control done by MMCD targets mosquitoes during their [arvaI stage. Mosquito [arvae usuatty develop in standing water and are most common after a rainfa[[. Larva[ contro[ materiats are applied via heticopter, backpack, or by hand. Larva[ Contro[ in Chanhassen in 2022= Sites lnspected: ll04 I Acres Treated: l93l.9l ADULT CONTROL MMCD supplements our [arvaI contro[ program with timited adutt mosquito contro[. Adutt controI materials are applied via backpack during the day or truck-mounted cotd fogger in the evening. Adutt Mosquito Control in Chanhassen in 2022: Sites lnspected: 125 I Acres Treated: 0.00 DISEASE PREVENTION Contro[ting the mosquito species that are most tikety to spread disease is a top priority for MMCD. Removing containers that could hotd stagnant water is critical to reducing the spread. Disease Prevention Activity in Chanhassen: Tires Removed: 0 I Catch Basins Treatedr 3540 Disease Prevention Property lnspections: 3l CUSTOMER CALLS We encourage residents of the district to catl MMCD to report mosquito annoyance, emptoyee or helicopter concerns, request waste tire removat, or for anything etse. Customer Catls from Chanhassen in 2022:4 frr,nIr,r,',rlFor questions about your city's data, please contact Alex Carlson - acarlson@mmcd.org ,,:: J TYH rtrrotor.rnx lraosQafia cofir*al orst',cr 453