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01-22-2024 City Council 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 Gorra Property Discussion A.2 Civic Campus Update A.3 Chanhassen Bluffs Sports Complex Update A.4 Discuss Development of Property Located at 320 Lake Drive East A.5 Future Work Session Schedule B.7:00 P.M. - CALL TO ORDER (Pledge of Allegiance) C.PUBLIC ANNOUNCEMENTS D.CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the city council and will be considered as one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. City council action is based on the staff recommendation for each item. Refer to the council packet for each staff report. D.1 Approve City Council Minutes dated January 8, 2024 D.2 Receive Environmental Commission Minutes dated December 13, 2023 D.3 Receive Economic Development Commission Minutes dated December 12, 2023 D.4 Receive Planning Commission Minutes dated December 5, 2023 AGENDA CHANHASSEN CITY COUNCIL MONDAY, JANUARY 22, 2024 CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD 1 D.5 Approve Claims Paid dated January 22, 2024 D.6 Approve Professional Services Agreement with SEH, Lake Ann Park Preserve D.7 Approve Memorandum of Understanding with Carver County for the Cardboard Recycling Site at Public Works D.8 Adopt 2024 Legislative Priorities D.9 Approve Encroachment Agreement With the Metropolitan Council for the Lake Ann Park Preserve Boardwalk Project D.10 Approve Application for Exempt Permit from St. Hubert Catholic Church to Conduct Lawful Gambling on February 10, 2024 D.11 Award Contract to Diversified Drainage for the Lake Ann Park Preserve Boardwalk Improvement Project (City Project No. P-LAPPP1) D.12 Resolution 2024-XX: Approve Application of the Chanhassen Booster Club to Conduct Off- Premise Lawful Gambling at Hackamore Brewing located at 18651 Lake Drive East D.13 Resolution 2024-XX: Appoint Election Judges for the Presidential Nomination Primary Election and Establish Rates of Pay D.14 Resolution 2024-XX: 2024 Fleet Purchases E.VISITOR PRESENTATIONS Visitor Presentations requesting a response or action from the City Council must complete and submit the Citizen Action Request Form (see VISITOR GUIDELINES at the end of this agenda). E.1 Positive Presence Global Introduction F.PUBLIC HEARINGS G.GENERAL BUSINESS G.1 Ordinance XXX: Amending Lot Cover Standards in the Shoreland Overlay Zoning District G.2 Ordinance XXX: Amending Lot Cover Standards in the Single Family Residential (RSF) Zoning District H.COUNCIL PRESENTATIONS I.ADMINISTRATIVE PRESENTATIONS J.CORRESPONDENCE DISCUSSION J.1 Letter to Chanhassen American Legion Post 580 dated December 28, 2023 J.2 CenterPoint Energy Notice of Rate Increase J.3 Southern Valley Alliance Relocation Notice 2 J.4 Letter to Public Utilities Commission dated January 18, 2024 K.ADJOURNMENT GUIDELINES FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council Meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations. Anyone seeking a response or action from the City Council following their presentation is required to complete and submit a Citizen Action Request Form. An online form is available at https://www.chanhassenmn.gov/action or paper forms are available in the city council chambers prior to the meeting. A total of thirty minutes is alloted for Visitor Presentations. Priority is given to Chanhassen residents. An additional thirty minutes may be provided after General Business items are complete at the discretion of the City Council. Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the Council. Comments may also be emailed to the City Council at council@chanhassenmn.gov. During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion or request. Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Tequila Butcher, 590 West 79th Street in Chanhassen immediately after the meeting for a purely social event. All members of the public are welcome. 3 City Council Item January 22, 2024 Item Gorra Property Discussion File No.Item No: A.1 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Eric Maass, Planning Director Reviewed By Laurie Hokkanen SUGGESTED ACTION Discussion Motion Type N/A Strategic Priority Development & Redevelopment SUMMARY Joy Gorra and her representatives will be in attendance to discuss with City Council members a potential concept for future use of her property. BACKGROUND DISCUSSION BUDGET RECOMMENDATION No staff recommendation at this time. 4 ATTACHMENTS Gorra Property Concept Submittal 5 Landform® and Site to Finish® are registered service marks of Landform Professional Services, LLC. January 16, 2024 Eric Maass Planning Director City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 RE: Lake Ann Golf Course – 1680 W. 78th Street Eric, Our development team is excited to present our concept for the Lake Ann Golf Course to the City Council at their January 22nd work session. I have attached our current concept plan and supporting materials for review. We are still in our due diligence phase, but have completed our site survey, wetland delineation and tree survey. Our site constraints map shows the delineated wetland and other site constraints overlaid on the aerial. We will provide the tree survey for staff review as the project progresses. It is landowner Joy Gorra’s vision to see this site developed as a golf course to provide a recreational opportunity for residents of all ages, but especially for children and young adults to learn the game. The attached letter from Kevin Lucken provides initial thoughts on how a golf academy could be part of this project. The property is guided Low, Medium and High Density Residential and zoned Rural Residential. We understand the City Comprehensive Plan anticipates development of more than 800 homes on this 127-acre property, but we believe development of the golf course would provide a once-in-a-lifetime opportunity to create something unique in the City and provide a wonderful transition between the park land and adjacent homes. Tom Lehman’s Lehman Design Group is the course designer and has walked the site to create a concept for a challenging 18-hole course with limited impacts to the trees and other natural resources on site. The course will be designed to work with the natural features of the site and will include a new clubhouse and maintenance facility. We are still evaluating the future of Joy’s home either as her residence or as a clubhouse. We also hope to be able to reuse the barns as the maintenance facility, but additional analysis is required. We look forward to presenting our concept plan to the City Council and discussing the next steps in the process. During our previous discussion you laid out a three-step process: 1. A discretionary EAW (environmental assessment worksheet). While not required for this project, City staff is advocating for a discretionary EAW. 2. Golf courses are not permitted in the RR district and we would request a zoning ordinance text amendment to allow golf courses in the rural residential district or a rezoning the property to A-2, which allows golf courses as a conditional use permit (CUP). A similar project, Bluff Creek Golf Course, is guided low density residential and zoned A-2. 3. Site plan/CUP application. Since this is an existing lot of record, we will not be platting the property and believe the site plan/CUP could run concurrently with the zoning amendment. We are excited about this project. While we are not requesting any financial assistance from the City, this is a unique project that requires multiple agencies to participate in the development approval process. Our project cannot succeed without City support throughout the development process. We look forward to working with the City to realize our team’s vision for the site! 6 Eric Maass 2 January 16, 2024 Sincerely, Landform Kendra Lindahl, AICP Principal Planner COPY: Joy Gorra ENCL: Support letter from Kevin Lucken Site Constraints Map Concept Plan 7 1 Kendra Lindahl, AICP Subject:FW: Impact Statement From: Joy Melby <jdmelby@gmail.com> Sent: Thursday, January 11, 2024 2:40 PM To: Kendra Lindahl, AICP <KLindahl@landform.net>; Todd Gerhardt <toddrgerhardt@gmail.com> Subject: Fwd: Impact Statement From: Kevin Lucken <kevinlucken@gmail.com> Date: June 29, 2023 at 1:37:17 PM CDT To: JDmelby@gmail.com Subject: Impact Statement Kevin Williams and Kevin Lucken had been PGA golf professionals honing their skills as managers, instructors, and coaches for some of the finest facilities in the country before their mentor brought them together in the spring of 2015. And it didn’t take long for “the Kevin’s” to understand the opportunity they had in building a 1st class golf academy for the Women, Men, and Juniors of the greater Chaska/Chanhassen community. For several years now, “the Kevin’s” have developed a sold-out, year round instructional academy with six additional team members who help instruct and manage multiple camps, classes, leagues, and private lesson programs. Their instructional and social golf leagues register nearly 600 golfers in the summer months…Monday through Thursday. That’s in addition to multiple daily PGA Camps, Junior 1/2 day classes, and private instruction. On any given week day their Academy brings approximately 200 unique golfers to facility. The benefits your local community will experience with GolfTrack Academy are plentiful. Their mission is to “Shape the lives of golfers” and they accomplish this by using the game of golf to help develop the golfers etiquette, kindness, self awareness, and emotional stability…while improving their golf skills. They implement small group programing to capitalize on team building, making life long friends, and improved social skills, while creating fun and effective activities that promote healthy competition. Wether it’s etiquette training, on-course rules and regulations, or dedication to motor skill development, the golfer will have fun learning a life long sport. Kevin Williams and Kevin Lucken have both dedicated their adult life to creating better human beings through the game of golf. Their level of customer service, relationship building, and instructional expertise, will echo through the entire facility. Wether they are planning and implementing adult golf leagues, instructional camps, family events, private and corporate outings, or musical performances… their passion is passed on to those who have given them the opportunity to serve. 8 EXCEPTIONEXCEPTIONEXCEPTIONHwy 5W. 78th St.Galpin Blvd.Prairie Flower Blvd.W. 78th St.Lake Ann Park Dr.Audubon Rd.Paisley PathMajestic WayWindmill Dr.Brinker St.Walnut CurvePaisley Ct.Rogers Ct.Clover Ct.Baneberry Way E.Bluebonnet Blvd.Chicory WayPoppy Dr.Blue Sage Ln. E.WaterleafLn. E.Primrose Pl. Existing Private Drive ExistingResidenceExistingStructuresPID: 250110200PID: 255890510Sewer EasementSewer EasementField Approach / AccessPID: 250100900Hwy 5, 50' & 100'Setback300' Shoreland Overlay For Creek1000' ShorelandOverlay For Creek970980962964966968972974976978982970980964966968972974976978982990 984986988992994996998 1 0 2 0 1 0 1 4 1 0 1 6 1018 100 8 1004 1000 996 992988984984984984986 99098899299498498097697296 6968 970 980966 968 972974 9769789829709629 6 4 9 6 6968 9729749789809 8 0 9829 8 2 962964966 96899098498698898898899299499699898097697296496696810001010102099499699810021004100610081012101410161018980990 1000 1010 1020972974976978982984986 988 992 994 996998 1002 1004 1006 1008 1012 1014 1016 1018970980962964966968972974976978982984986980972974976978982984986 9609 6 0 96 0960 970 970 962962964 964 966 966 968 968 972 972 9 7 4 9 7 6 970968972974 9749809909 7 2 9 7 4976 97898298498698899 2 99 4 970980 990 1000 1010 1020 964966968972974976978 982 984 986 988 992 994 996 998 1002 1004 1006 1008 1012101410161018 990 990 982 982 984 984 986 986 988 988 992 9 9 4 99 6 99 0 9 8 6 9889 9 2 994980976978982984 9869869889889 7 0 98099096 6 9 6 8 9 7 2 9749769789829849869889929 9 4 9 9 6 9 9 0 100098 6 988 992 9949969981002100498 29789749 7 0 9629629649669901000988992994996998100210049809789829849869889749709669709 8 0 990968 9 7 29749769 7 8 9 8 2 9 8 4986988 99299499699098298298498698897098099010009669689729749769789829849869889929949969989809749769 7 8 9829849861 0 1 0 10201 0 0 4 10 0 6 10 0 81012101410161018 970980990 968 972 974976978982984986988 9609629 5 6 95495494895097096496696897297 4 972974976968964960956954962962Riley CreekWE T WETWETWET WETWETWETWETWETWETWETWETWETWETWET WETWETWETWETWETWETWETWETWET WETWETWETWETWETWETWETWETWETWETWET Landform® and Site to Finish® are registered service marks of Landform Professional Services, LLC.Site Constraints Map RevisedLake Ann Golf Course • Chanhassen, MNExhibit 2 • 01.05.2024NORTH0200LEGENDCreek =Floodplain Zone A =Floodplain Zone AE =Hwy 5 Overlay District Setback Line =Lake =Sewer Easement =Shoreland Overlay District =Wetland =Bluffs =Bluff Impact Zone =9 © 2023 Microsoft Corporation © 2023 Maxar ©CNES (2023) Distribution Airbus DS Hwy 5W. 78th St.Galpin Blvd.Prairie Flower Blvd.W. 78th St.Lake Ann Park Dr.Audubon Rd.Paisley PathMajestic WayWindmill Dr.Brinker St.Walnut CurvePaisley Ct.Rogers Ct.Clover Ct.Baneberry Way E.Bluebonnet Blvd.Chicory WayPoppy Dr.Blue Sage Ln. E.WaterleafLn. E.Primrose Pl.Riley Creek123456781011121314151617189Private Driveto RemainNew Entrance& DrivewayLakeside BoardwalkClubhouseMaintenancePractice Green& ParkingWETWETWETW E TWETWETW E TWET WETWETWETW E T WETWETWETWETWETWETWETWETWETW E T WETWETWETWET WETWETWETWETWETWETWETWETWETWETWETWETWETWETWETWETWETWETWE T WETWETWETWETWETWE TWETWET WETWETWETWETWETWETWETWETWETWETWETWETWETWETWETWETWETWETWETWETWETWETWETWETWETWETWETWETWETWETLandform® and Site to Finish® are registered service marks of Landform Professional Services, LLC.Lake Ann Golf Course Concept PlanGOLF COURSE LAYOUT • Chanhassen, MNConcept 3.0 • 01.16.2024withNORTH020010 City Council Item January 22, 2024 Item Civic Campus Update File No.Item No: A.2 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Laurie Hokkanen, City Manager Reviewed By SUGGESTED ACTION Update Motion Type N/A Strategic Priority Development & Redevelopment SUMMARY Staff and the project team are proceeding with finalizing construction documents knowing that the construction estimate dated 12/29/23 prepared by Kraus-Anderson shows the project $1.9M over the city's established budget of $34.9M. Here is a summary of the direction and next steps based on our January 8, 2024, discussion: 1. Bid Documents for Bid Package 1 (Civil/Structural/Elevator/Switchgear/Generator) will be issued in late January 2024. This represents approximately 30% of the project. 2. Bid Documents for Bid Package 2 (Remaining Scope) will be issued in mid-March 2024. 3. The design team is proceeding with implementing the changes documented in Kraus-Anderson's Value Management Log that were identified as priority 1 and priority 2. 4. The Park Pavilion will be an add alternate to the base bid. If the bids come in and the project is 11 still over budget, the City Council can discuss eliminating or redesigning this element. 5. The park pavilion floor plan has been revised to provide additional user restrooms per the city's direction. See attached. 6. The library parking ramp stand-alone elevator building is not included in the project scope and will be a pad-ready site if funding is available at a later date. 7. The stage canopy structure will be included in the base bid; the design team is looking into a potential pre-engineered solution that might be less expensive than the current design. $300,000 in park dedication funds (cash on hand) have been added to the project to ensure the inclusion of this element, as the stage canopy was not included in the concept plan budget. 8. The design team will continue to look for cost savings within the City Hall and site design and identify bid alternates to control costs. BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS Park Building Layout with Additional Bathrooms Chanhassen Lobby 1 Chanhassen Lobby 2 Chanhassen Lobby 3 Civic Campus Stage Structure Images 12 RefrigeratorFEC WOMEN'S RESTROOM P106 MEN'S RESTROOM P108 ELEC / MECH P104 CONSESSIONS P102 EVENT SPACE P101 FAMILY RR P105 VESTIBULE P107 Architecture Interior Design Landscape Architecture Engineering TRUE NORTH PLAN NORTH 222 North Second Street Long & Kees Bldg Suite 101 Minneapolis, MN 55401 612.339.3752 www.bkvgroup.com © 2021 BKV Group SHEET NUMBER SHEET TITLE DRAWN BY CHECKED BY COMMISSION NUMBER PROJECT TITLE CONSULTANTS N O T FO R C O N S TR U C TIO N CERTIFICATION Autodesk Docs://2612-01 Chanhassen Civic Campus/2612-01 Chanhassen CC_AI_2023.rvt1/16/2024 4:20:22 PMAuthor Checker 2612-01 I421 PAVILION FURNITURE PLAN CHANHASSEN CIVIC CAMPUS I421 1/4" = 1'-0" 1 PAVILION LEVEL 1 FURNITURE PLAN GENERAL NOTES 1.Type Notes Starting Here KEYNOTES - FURNITURE PLAN ISSUE # DATE DESCRIPTION 13 14 15 16 17 18 19 20 21 City Council Item January 22, 2024 Item Chanhassen Bluffs Sports Complex Update File No.Item No: A.3 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Laurie Hokkanen, City Manager Reviewed By SUGGESTED ACTION Continued discussion on the proposed project Motion Type N/A Strategic Priority Development & Redevelopment SUMMARY BACKGROUND As requested, a draft operational budget for the facility is attached. Project page: https://www.chanhassenmn.gov/government/projects/chanhassen-bluffs-sports-complex DISCUSSION BUDGET RECOMMENDATION 22 ATTACHMENTS Chan Bluffs Sports Complex Initial Net Income Projection 23 Chanhassen Bluffs Sports Complex Revenue Sources Ice Time 800,000$ $200/hour - 4,000 hours annually Turf Rental 300,000$ $300/hour - 1000 hours/yr - approx 3 hours/day Playground 25,000$ $5/admission - 5000 admissions/yr- 14 people/day Restaurant/Room Rental 75,000$ Total 1,200,000$ Expenses Facility Manager FTE 135,000$ Maintenance FTE 105,000$ PTEs 200,000$ Supplies 50,000$ Utilities 250,000$ Contracted Services 50,000$ Insurance 50,000$ GF Allocation 50,000$ Deferred Maint 200,000$ Capital/Year-Lease/Purchase, etc.100,000$ Zamboni costs $230K new Total 1,190,000$ Net 10,000$ 24 City Council Item January 22, 2024 Item Discuss Development of Property Located at 320 Lake Drive East File No.Item No: A.4 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Eric Maass, Planning Director Reviewed By Laurie Hokkanen SUGGESTED ACTION Discussion Motion Type N/A Strategic Priority Development & Redevelopment SUMMARY BACKGROUND Staff has received two inquiries about the potential redevelopment of 320 Lake Drive East. The strip center is home to Gina Maria's Pizza but is otherwise vacant. City staff will provide an overview of the proposals to date, issues encountered, and potential for future uses. Staff will use this conversation to provide feedback to future interested users. The property is zoned Business Neighborhood. See attached for more information on permitted uses, setbacks, etc. DISCUSSION BUDGET 25 RECOMMENDATION ATTACHMENTS Business Neigborhood Zoning District 26 ARTICLE 20-XVI "BN" NEIGHBORHOOD BUSINESS DISTRICT Sec 20-691 Intent Sec 20-692 Permitted Uses Sec 20-693 Permitted Accessory Uses Sec 20-694 Conditional Uses Sec 20-695 Lot Requirements And Setbacks Sec 20-696 Interim Uses Sec 20-691 Intent The intent of the "BN" District is to provide for limited low intensity neighborhood retail and service establishments to meet daily needs of residents. (Ord. No. 80, Art. V, § 10(5-10-1), 12-15-86) Sec 20-692 Permitted Uses The following uses are permitted in a "BN" District: (a)Antennas as regulated by article XXX of this chapter. (b)Community center. (c)Convenience stores without gas pumps. (d)Day care center. (e)Health services. (f)Home furnishings. (g)Offices. (h)Personal services. (i)Private clubs and lodges. (j)Shopping center. (k)Small appliance repair shop. (l)Specialty retail shop. (m)Utility services. (n)Veterinary clinics. (o)Adult day care, subject to the requirements of section 20-966. (p)Restaurants without drive-through facilities. (Ord. No. 80, Art. V, § 10(5-10-2), 12-15-86; Ord. No. 377, § 94, 5-24-04; Ord. No. 628, § 30, 12-11-17) HISTORY Amended by Ord. 692 on 6/13/2022 Sec 20-693 Permitted Accessory Uses The following are permitted accessory uses in a "BN" District: 27 (a)Parking lots. (b)Reserved. (c)Signs. (d)Temporary outdoor sales and events (subject to the requirements of section 20-964). (e)Accessory Solar Energy Systems (subject to the requirements of section 20-1093). (Ord. No. 80, Art. V, § 10(5-10-3), 12-15-86; Ord. No. 243, § 3, 2-13-95; Ord. No. 240, § 20, 7-24-95; Ord. No. 377, § 95, 5-24-04; Ord. No. 619, § 8, 2-27-17; Ord. No. 651, § 17, 12-9-19) Sec 20-694 Conditional Uses The following are conditional uses in a "BN" District: (a)Bed and breakfast establishments. (b)Convenience store with gas pumps. (c)Banks with drive-through facilities. (d)(Reserved) (e)Motor fuel station. (f)Reserved. (g)(Reserved) (Ord. No. 80, Art. V, § 10(5-10-4), 12-15-86; Ord. No. 116, § 5, 1-22-90; Ord. No. 120, § 4(7), 2-12-90; Ord. No. 277, § 1, 1-26-98; Ord. No. 377, § 96, 5-24-04; Ord. No. 628, § 31, 12-11-17) State law reference(s)—Conditional uses, M.S. § 462.3595. HISTORY Amended by Ord. 692 on 6/13/2022 Sec 20-695 Lot Requirements And Setbacks The following minimum requirements shall be observed in a "BN" District subject to additional requirements, exceptions and modifications set forth in this chapter: (a)The minimum district area is three acres. This section may be waived in the case of expansion to an existing district. (b)The minimum lot area is 15,000 square feet. (c)The minimum lot frontage is 75 feet, except that lots fronting on a cul-de-sac shall have a minimum frontage of 60 feet in all districts. (d)The minimum lot depth is 150 feet. (e)The maximum lot coverage including all structures and paved surfaces is 65 percent. 28 (f)Off-street parking shall comply with district setback requirements except: (1)There is no minimum setback when it abuts a railroad right-of-way, except as provided in chapter 20, article XXV, division 3, pertaining to landscaping requirements. (2)There is no minimum setback when it abuts, without being separated by a street, another off-street parking area. (3)The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of-way. (4)The minimum setback is 25 feet for side street side yards. (5)Parking setbacks along public rights-of-way may be reduced to a minimum of ten feet if the applicant can demonstrate to the satisfaction of the city that 100-percent screening is provided at least five feet above the adjacent parking lot. The intent of this section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised of berming and landscaping. Screening through the use of fencing is not permitted. (g)The maximum height is as follows: (1)For the principal structure, two stories when it abuts a residential district without being separated by a street, and three stories with a maximum height of 35 feet when separated by a street. (2)For accessory structures, one story. (h)Minimum setback requirements: (1)For front yards, 35 feet. (2)For rear yards, 30 feet. (3)For side yards, 15 feet. (4)The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of-way. (5)Buffer yards. The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses and shall comply with chapter 20, article XXV, of the Chanhassen City Code. The buffer yard is not an additional setback requirement. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard is intended to provide physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the city, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. (Ord. No. 80, Art. V, § 10(5-10-5), 12-15-86; Ord. No. 94, §§ 1, 2, 7-25-88; Ord. No. 136, §§ IA, lB, 1- 28-91; Ord. No. 451, § 3, 5-29-07; Ord. No. 474, §§ 9, 10, 10-13-08) 29 Sec 20-696 Interim Uses The following are interim uses in the "BN" District: (a)Churches. (b)Reserved. (Ord. No. 120, § 3, 2-12-90; Ord. No. 243, § 4, 2-13-95) 30 City Council Item January 22, 2024 Item Future Work Session Schedule File No.Item No: A.5 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: February 12, 2024 Downtown Traffic Study and Downtown Redevelopment Vision - continued discussion Civic Campus Design Updates Lake Ann Lifeguard discussion February 26, 2024 Commission Interviews 82nd Street Design Team Presentation March 11, 2024 31 Commission Interviews Discuss Commission Appointments Downtown Design Guidelines and Wayfinding Plan Review March 18, 2023 City Council Roundtable City Manager Performance Review (Closed Session) Pending items: Road funding discussion Broadband Service SAC Policy Audit presentation (May 13 or 20) 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 in conjunction with the regular City Council meeting, but may be scheduled for other times as needed. DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 32 City Council Item January 22, 2024 Item Approve City Council Minutes dated January 8, 2024 File No.Item No: D.1 Agenda Section CONSENT AGENDA Prepared By Kim Meuwissen, City Clerk Reviewed By SUGGESTED ACTION "The Chanhassen City Council approves the City Council minutes dated January 8, 2024." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS City Council Work Session Minutes dated January 8, 2024 33 City Council Regular Meeting Minutes dated January 8, 2024 34 CHANHASSEN CITY COUNCIL WORK SESSION MINUTES JANUARY 8, 2024 Mayor Ryan called the work session to order at 5:30 p.m. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilman McDonald, Councilman von Oven, Councilwoman Schubert, and Councilman Kimber. COUNCIL MEMBERS ABSENT:None. STAFF PRESENT: Laurie Hokkanen, City Manager; Matt Unmacht, Assistant City Manager; Charlie Howley, Public Works Director/City Engineer; Eric Maass, Planning Director; Jerry Ruegemer, Park and Recreation Director; Rick Rice, IT Manager; Kelly Grinnell, Finance Director; Ari Lyksett, Communications Manager; and Kim Meuwissen, City Clerk. PUBLIC PRESENT: Trace Jacques, BKV Group Paul Michell, BKV Group Mike Healy, BKV Group Dustin Phillips, Kraus-Anderson Dan Kjellberg, Kraus-Anderson Bryan Harjes, HKGi Judy Harder, 541 West 78th Street CIVIC CAMPUS UPDATE Dustin Phillips of Kraus-Anderson introduced the presentation and reviewed the agenda including a review of the design development budget, high-level design and development progress, next steps, and scheduling. Civic Campus Budget Mr. Phillips noted that the current project is $1.9 million over budget (approximately 5%), which is not uncommon in the industry at this stage. The elevator component was not included in the current design. Mr. Phillips presented options to mitigate the budget overage, including design and construction contingencies, interior and exterior finish options for the Park Pavilion building, potential use of fund balance and utility funds, and additional park dedication fees. Civic Campus Site Plan Design and Development Bryan Harjes of HKGi presented the entire Civic Campus project site plan. A question was asked about the drainage of the performance space turf area. Mr. Harjes responded that this area is a highly engineered system, similar to an athletic turf system. A question was asked about the seating that was previously proposed on the grassy hillside area north of the performance area. Mr. Harjes responded that, due to value engineering, the seating was removed; however, the lower ledge will remain for seating. This plan change resulted in a cost savings of $70,000. Park Pavilion Building, City Hall Design, and Council Chamber Design Trace Jacques of BKV Group reviewed the park pavilion building and the value engineering changes made by shortening the height of the building and reducing the square footage of the building. 35 City Council Work Session Minutes – January 8, 2024 2 Mr. Jacques next reviewed design improvements to the city hall/senior center and the council chambers. Four council chamber design options were presented. Next Steps Dan Kjellberg of Kraus-Anderson reviewed the next steps and the recommended path. Bid Package 1 (site and structure) and Bid Package 2 (remaining items) schedules were presented, which would allow construction to begin in June. Questions Mr. Phillips asked for council questions and preferences. Mayor Ryan asked the council to provide their preference for the council chamber design. After discussion, the council agreed on Option 4 with the council dais (seven seats) on the north wall with staff located along the west window (six seats). In support of the option, City Manager Laurie Hokkanen added that staff should be viewable and grouped as a team, even if they aren’t presenting. The audience seating arrangements were discussed. Access from the conference room to the council chambers was reviewed and discussed, as well as security measures for the council. The consultant was directed to move forward with Option 4. Civic Campus Budget Discussion Mayor Ryan asked the council if they were comfortable with the $1.9 million budget overage or if a budget reduction should be sought. Councilman McDonald, Councilman von Oven, and Councilman Kimber were comfortable with the overage and wished to move forward with the design as presented due to the value of all the project elements. The $2.2 million design/construction contingencies were discussed. Councilwoman Schubert and Mayor Ryan had concerns about the overage. Mayor Ryan shared Councilwoman Schubert’s thoughts and inquired about the bonding amount. City Manager Laurie Hokkanen responded that the project costs were $33 million, and the bond issue limit was $35 million based on forecasting and the concept plan. She added that there are no scenarios where the tax levy would be impacted. The additional funding options were discussed. Council expressed concern about the number of available restrooms in the Park Pavilion and suggested that additional restrooms be added or possibly be phased in. Mr. Phillips reviewed the bidding climate, what is included in Bid Package 1, the schedule that would allow construction to start in June 2024, and strategic alternates. Mayor Ryan asked what direction is needed from the City Council today and if there would be enough time for the council to review the strategic alternates. Mr. Phillips responded that the strategic alternates were all related to Bid Package 2. They would like to receive direction from the City Council by the end of January. Mayor Ryan stated that the council is ready to move forward with Bid Package 1, but she would like to meet with staff to discuss alternate funding options; however, the council should be ready to provide further direction at the January 22, 2024, City Council work session. Public Works Director/City Engineer Charlie Howley stated that there is a goal to design a water reuse regional BMP as part of the upcoming Market Boulevard improvement project in order to receive stormwater credits that would eliminate the need for on-site ponding on the Civic Campus site, which would cost nearly $1 million. 36 City Council Work Session Minutes –January 8, 2024 3 DISCUSS 2024 COUNCIL PRIORITIES Mayor Ryan reviewed the following 2024 City Council priorities: Civic Campus Chanhassen Bluffs Sports Complex SAC/WAC Fees Roads/Infrastructure Downtown Development/Redevelopment Internet Councilwoman Schubert added that we need a long-term plan with the Carver County Sheriff’s Office, review Fire Department staffing, and update the city code for improved clarity. DISCUSS 2024 LEGISLATIVE PRIORITIES Mayor Ryan asked the council if they had any feedback on the 2024 Legislative Priorities and there was none. Mayor Ryan also reminded the council that the strategic plan will expire next year. FUTURE WORK SESSION SCHEDULE January 22, 2024 Gorra Property Discussion Civic Campus Update Chanhassen Bluffs Sports Complex Update Discuss Development of Property located at 320 Lake Drive East February 12, 2024 Downtown Traffic Study Update Civic Campus Design Updates Lake Ann Lifeguard Discussion February 26, 2024 Commission Interviews 82nd Street Design Team Presentation March 11, 2024 Commission Interviews Discuss Commission Appointments Downtown Design Guidelines and Wayfinding Plan Review Mayor Ryan adjourned the work session at 6:55 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen City Clerk 37 CHANHASSEN CITY COUNCIL REGULAR MEETING MINUTES JANUARY 8, 2024 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge of Allegiance. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilman McDonald, Councilwoman Schubert, Councilman von Oven, and Councilman Kimber. COUNCIL MEMBERS ABSENT:None. STAFF PRESENT: Laurie Hokkanen, City Manager; Matt Unmacht, Assistant City Manager; Charlie Howley, Public Works Director/City Engineer; George Bender, Assistant City Engineer; Jerry Ruegemer, Park and Recreation Director; Ari Lyksett, Communications Manager; Andrea McDowell Poehler, City Attorney; and Kim Meuwissen, City Clerk. PUBLIC PRESENT: Michael Kirsch, Kimley Horn Charles Littfin, 7609 Laredo Drive Brandon Williams, 7611 Laredo Drive PUBLIC ANNOUNCEMENTS: 1. Proclamation Designating January 9, 2024, as Bob Generous Day Mayor Ryan reviewed a portion of the proclamation about Bob Generous’ career and his service to the City of Chanhassen. Ms. Ryan designated January 9, 2024, as Bob Generous Day to recognize his substantial contributions to the city. 2. Commission Vacancies Mayor Ryan shared that the city is seeking individuals to fill vacancies on various commissions. The terms start in April and run for three years. Applications are available on the website through January 26, 2024. Ms. Ryan encouraged residents to get involved in the community. CONSENT AGENDA: Councilman McDonald moved, Councilman Kimber seconded that the City Council approve the following consent agenda items 1 through 18 pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated December 11, 2023 2. Approve City Council Work Session Minutes dated November 27, 2023 3. Receive Planning Commission Minutes dated November 6, 2023 38 City Council Minutes – January 8, 2024 2 4. Receive Park and Recreation Minutes dated November 28, 2023 5. Receive Park and Recreation Minutes dated October 24, 2023 6. Receive Environmental Commission Minutes dated October 11, 2023 7. Receive Economic Development Commission Minutes dated November 14, 2023 8. Approve Claims Paid dated January 8, 2024 9. Approve Site Plan for Affinitech located at 2451 Galpin Court 10. Appoint Acting Mayor 11. Designate Official Newspaper 12. Appointments to the SouthWest Transit Commission 13. Appointments to the Fire Relief Association Board of Trustees 14. Amendment to the Investment Policy Section of the City of Chanhassen Financial Policies 15. Determining the City will not Waive the Statutory Tort Limits 16.Resolution 2024-01:Authorization of Electronic Transfer of Funds 17.Resolution 2024-02:Designating Official Authorized to Declare Official Intent Under Reimbursement Bond Regulations 18.Resolution 2024-03:Declaring Official Depositories of City Funds 19.ITEM POSTPONED:Approve Professional Services Agreement with SEH, Lake Ann Park Preserve All voted in favor, and the motion was carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS.None. PUBLIC HEARINGS. 1. Adopt Wildlife Management Plan Park and Recreation Director Jerry Ruegemer shared that the city received concerns from multiple residents in 2023 regarding wildlife. The City Council reviewed these concerns and directed staff to create a wildlife management plan. The city would like to find suitable habitats for animal populations, reduce deer and animal-vehicle collisions, and address residents’ 39 City Council Minutes – January 8, 2024 3 concerns about animal nuisances. The next step is for the City Council to hold a public hearing regarding the Wildlife Management Plan. The city contracted with Three Rivers Park District to complete aerial counts of deer to formulate population numbers and address concerns. Mayor Ryan opened the public hearing. There were no public comments. Mayor Ryan closed the public hearing. Councilwoman Schubert moved, Councilman von Oven seconded that the City Council adopt and approve the Wildlife Management Plan Upon Minnesota DNR approval. All voted in favor, and the motion carried unanimously with a vote of 5 to 0. 2. Resolution 2024-04: Accept Feasibility Study, Conduct Public Improvement Hearing, and Authorize Preparation of Plans and Specifications for the 2024 City Pavement Rehabilitation Project No. 24-01 Assistant City Engineer George Bender reviewed the project schedule and proposed project areas and scope. The project would include public utilities reconstruction and rehabilitation specific to each area, storm system reconstruction, manhole structure rehabilitation, replacement of drain tile, and improvements to the sidewalks, ADA pedestrian ramps, and crosswalk improvements. Mr. Bender reviewed the new private property Infiltration/Inflow (I/I) grant program through the Metropolitan Council to allow property owners access to financial assistance to repair sanitary sewer laterals. Mr. Bender reviewed the city’s efforts in public engagement, including postcards, resident surveys, and an open house. He also provided an overview of the project funding, estimated budget and cost summary, and preliminary assessment amounts. He noted they were over budget and would need to consider ways to reduce project spending. Mr. Bender presented the project timeline with the plan to begin construction in May 2024 and complete the project in November 2024. Councilman von Oven asked for clarification of the colors shown on the preliminary assessment map. Mr. Bender shared that the yellows are single-family housing, and the oranges are multi- family dwellings such as duplexes or apartment buildings. The numbers included are trips per day multiplied by the units, which is how the residential equivalent unit is generated. Councilman von Oven asked how the blues were calculated. Mr. Bender shared that the blues are city property and the Chanhassen Elementary School. He explained that the frontages for the blues were mirrored from the east side of the road as opposed to the west side. The school was recently assessed. The oranges in the upper left side have the possibility of being developed. Mayor Ryan asked what the rationale of the assessment practice is if an apartment building with 60 units gets assessed for 45 trips, but the school is divided into six units but generates a tremendous number of trips. Mr. Bender responded that the city tries to keep the elementary school assessment in a reasonable neighborhood as it is a non-profit enterprise. City Engineer Charlie Howley stated this practice was precedent. Mayor Ryan asked if this was the precedent for all non-profits or just for schools. Mr. Bender responded that this is just the precedent for schools. 40 City Council Minutes – January 8, 2024 4 Councilman McDonald stated that the project construction would be heavy in July and asked for a contingency plan for the 4th of July parade. Mr. Bender responded that this would be determined during the final design and would complete milestones where the contractor can and cannot work at certain times to maintain the parade route in a reasonable condition. Mr. Howley will coordinate with the Parks Department on the parade route and work with the contractor. Councilman McDonald asked if there have been any discussions with the Rotary to help them establish their plans. Mr. Bender stated he has not spoken with the Rotary yet but will follow up with them. Councilwoman Schubert asked how the assessments for the businesses were calculated. Mr. Bender responded that they used average trips per day based on the business itself and the square footage of the building divided by nine (9) to determine the residential equivalent units. Mayor Ryan shared that residents have reached out to her about the mill and overlay of Laredo Drive, which received work in 2008. She asked for an explanation of the rationale of the project scope. Many residents claim that Laredo Drive does not need this work. Mr. Bender shared that the purpose of the mill and overlay is pavement management. To be proactive and properly manage assets, the city plans to complete a mill and overlay every 20 years to maintain the road. The city hopes to see 60 years in the pavement management cycle through regular maintenance rather than just completing work on the worst roads in Chanhassen. Mr. Howley explained the Laredo/Del Rio/Santa Fe area was included in the project because there was an opportunity to add more value to receive better pricing. These roads would need to have the mill and overlay completed in a few years, but if it is completed now altogether, it is more affordable. Mayor Ryan asked if it was not best practice to update the worst roads from a financial perspective. Mr. Howley shared that maintaining current roads is more efficient and a better financial investment. Councilman McDonald asked if there was a full reconstruction of Laredo Drive four to five years ago. Mr. Bender stated there was a full reconstruction of Laredo Drive in 2008. Councilman McDonald remarked that the roads should still be in good shape and asked if there was normal wear and tear on the road. Mr. Howley responded that the road had received normal wear and tear but had cracks. By completing a mill and overlay in the 15 to 20-year period, the road would not have to be reconstructed at 40 years, but the pavement life can be extended to 60 years. Councilman Kimber asked for clarification on the preliminary assessment costs between Chan View and the Laredo/Del Rio/Santa Fe area. Chan View is receiving full reconstruction. Mr. Bender stated the areas are calculated separately. A $3,000 assessment for a mill and overlay fits into the regular assessment. The Chan View area is impacted by high density and calculates below the average on a reconstruction project. Councilman Kimber asked if Del Rio continues to a cul-de-sac, why is only a portion of it being completed in this project? Mr. Bender responded that only a certain portion of the Del Rio Drive cul-de-sac falls into the projected budget. 41 City Council Minutes – January 8, 2024 5 Mr. Howley shared that the price to rebuild a road with an overall condition index of 0 to 40 is the same. The price to rehabilitate a road with an overall condition index of 50 to 70 is the same. The price to rehabilitate a road with an overall condition index of 70 to 100 is the same. Mr. Howley shared that the treatment is the same once you reach a certain point in pavement degradation. There is a normalization in the mill and overlay areas in the assessment on Laredo Drive, which has not been factored in. These numbers are not finalized yet. Councilwoman Schubert asked if the end goal is to have a 60-year life span on roads, if this always includes mill and overlay, or if it includes sealing and cracks. Mr. Bender responded that the mill and overlay is necessary to reach the 60-year life span. Mayor Ryan opened the public hearing. Charles Littfin, 7609 Laredo Drive, shared this is the second assessment in 16 years and believes the assessed price is over the limit. He questioned who is paying the fair share to redo Laredo Drive. He stated the bank and post office should be assessed in this project because they have exits on Laredo Drive. The city has parks on Laredo Drive with parking lots, so the city should contribute more to the project. He stated that Del Rio Drive is falling apart and should be prioritized. Mr. Littfin said residential roads last between 20 and 30 years. He does not want to be taxed and assessed again for the cost of the road when many other residents drive on the road to go to the school. Mr. Littfin had previously asked Mr. Bender why they were completing Laredo Drive, and he claimed Mr. Bender stated they were completing Laredo to keep costs down on the additional roads in the project. Brandon Williams, 7611 Laredo Drive, shared that the math does not make sense. The assessment values are higher with road maintenance rather than road reconstruction. Mayor Ryan closed the public hearing. Mayor Ryan asked Mr. Howley and Mr. Bender to explain why the post office and bank are not a part of the assessment. Mr. Howley stated that the assessment is based on the location of the primary access to the business. Mayor Ryan stated this assessment rule makes sense for a residential property but stated a commercial property generates more trips than a residential property. She questioned whether it would make sense to consider these properties differently than a residential property. Mr. Bender responded that the city could reconsider the assessment policy from a commercial perspective if desired. Mr. Howley stated there needs to be a good precedent set moving forward. Mayor Ryan asked how the school parking lot and city access to the parks are factored into the assessment. Mr. Bender shared that there could be a different normalization technique if desired. When assessing the school, they were basing the information on past precedents. Mayor Ryan asked if the past precedent is based on the dollar value or on the residential equivalent unit. Mr. Bender shared that the past precedent considered past assessment processes. The number would change based on the residential equivalent unit for trips. 42 City Council Minutes – January 8, 2024 6 Mayor Ryan asked if Laredo Drive is being added to the project to minimize project costs. Mr. Bender responded that this was not the case. Mr. Howley shared that each subproject area is standing on its own for math. The opportunity of the project proximity does provide cost savings for everybody. Councilwoman Schubert asked if Frontier Trail would be close enough to be included in the project and if the Laredo Drive rehabilitation project could be moved to a different year. Mr. Bender shared that Frontier Trail is a full reconstruction rather than a rehabilitation. Councilwoman Schubert asked for clarification on proximity for project considerations. Mr. Bender shared that there is too much length to include Frontier Trail in the current project. Mr. Howley shared that there is no set proximity requirement. Generally, Laredo Drive would be close to Frontier Trail to provide savings. The proximity requirement is an estimation. Mayor Ryan asked for clarification on waiting for reconstruction rather than rehabilitation. Mr. Howley shared inflation would impact the reconstruction costs in the future. Mayor Ryan asked if there were any concerns about making an investment in a road that would have heavy equipment traveling on it in the next three to five years. Mr. Bender stated Laredo Drive has a thicker section near the entrance of the school to help carry the load. Mr. Howley added that they are aware that the upcoming Civic Campus project could impact Laredo Drive and that traffic circulation could be discussed. The roads are designed for a certain number of vehicles. They can analyze this impact a bit further. Councilman McDonald recalled that a similar discussion with these questions for Laredo Drive was brought up 16 years ago. He encouraged staff to look back at the records for the answers. He questioned why Laredo Drivee needs to be redone with a pavement condition index rating of 81. He asked the city to reconsider including Laredo Drive in this project. Councilman Kimber questioned whether assessing a road every 15 years was the best practice. This would only include 75 miles of reconstruction. There are roads that need more attention sooner. He requested a long-term plan to consider all city road maintenance. Mayor Ryan asked if portions of the project could be removed and if an alternate bid would change the motion. Mr. Howley said the motion does not allow the city to bid on the project in the way they see fit. Mayor Ryan stated there had been communication to city staff to consider Laredo Drive as an alternate bid, looking at commercial project assessment and long-term planning for road projects. Councilman Kimber asked if the reassessments on the school would be included. Mayor Ryan confirmed this information. Councilman von Oven asked if Laredo Drive were to be removed from the project, when would it be revisited in the future. Mr. Bender stated Laredo Drive would be degrading on a normal curve, and they might find another opportunity to package it with another nearby project, or it might be a stand-alone project in 3-5 years. There might be less discount for the project. Mr. Howley said roads are rated every three years in the city. The overall condition index might 43 City Council Minutes –January 8, 2024 7 increase or decrease depending on multiple factors. If it stays in the mill and overlay range, this could be considered in the future. Councilman von Oven moved, Councilman Kimber seconded that the Chanhassen City Council adopt a resolution accepting the feasibility study, ordering the improvements, and authorizing the preparation of plans and specifications for the 2024 City Pavement Rehabilitation Project No. 24-01. All voted in favor,and the motion carried unanimously with a vote of 5 to 0. GENERAL BUSINESS.None. COUNCIL PRESENTATIONS.None. ADMINISTRATIVE PRESENTATIONS.None. CORRESPONDENCE DISCUSSION.None. Councilwoman Schubert moved, Councilman von Oven 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 8:43 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen City Clerk 44 City Council Item January 22, 2024 Item Receive Environmental Commission Minutes dated December 13, 2023 File No.Item No: D.2 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 December 13, 2023." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 45 Environmental Commission Minutes dated December 13, 2023 46 Chanhassen Environmental Commission (EC) 6:00 pm December 13, 2023 Members Present: Leslie Elhadi, Greg Hawks, Scott Grefe, Ryan Farnan, Billy Cripe, Kaisa Buckholz Members Absent: Kristin Fulkerson, Scot Lacek Staff Present: Manuel Jordan, Environmental Resource Specialist; Joe Sidel, Water Resources Engineer; Ryan Pinkalla, Water Resources Technician Visitors: Judy Harder Minutes Motion to approve made by Commissioner Cripe, Second by Commissioner Hawks, all voted in favor. October minutes were approved. Visitor Presentations City of Chanhassen MS4 Permit and SWPPP Presentation Joe Seidl, Water Resources Engineer and Ryan Pinkalla, Water Resources Technician, presented about the City of Chanhassen’s MS4 permit requirements and Stormwater Pollution Prevention Plan (SWPPP). Discussion Items Focus Topic Finalization for 2024 Environmental Commission decided that Aquatic and Terrestrial Invasives would be the topic for 2024. Review and Develop 2024 Media Calendar The Commission tabled this until January. They would like to see the 2023 Media Calendar to review before developing the 2024 calendar. Environmental Academy – Topics and tentative dates Civic campus green space/environmental focus, Invasive species, and the Water Resources presentation that was given earlier were all discussed. Develop Work Plan for 2024 Tabled until January meeting and the commission would like the plan from 2023 to review. 47 Environmental Trivia Night Planning February dates were discussed. Tuesday the 20th or the 27th are a possibility and Commissioner Cripe will check with the Chanhassen Brewery to see if that date works for them. The Commission also stated that Dave Ryan was a big draw and they would like to have him back if he is available. Question topics: Stormwater, aquatic and terrestrial invasives, Chan-Happenings, tree diseases, and climate change. Commission Presentations Greg Hawks discussed a restoration of Zone 5 Bluff Creek. Adjournment Motion to Adjourn was made by Commissioner Elhadi, second by Commissioner Buckholz, all voted in favor and meeting was adjourned at 7:51 pm. 48 City Council Item January 22, 2024 Item Receive Economic Development Commission Minutes dated December 12, 2023 File No.Item No: D.3 Agenda Section CONSENT AGENDA Prepared By Amy Weidman, Admin Support Specialist Reviewed By SUGGESTED ACTION "The Chanhassen City Council receives the Economic Development Commission minutes dated December 12, 2023." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION 49 ATTACHMENTS Economic Development Commission Minutes dated December 12, 2023 50 CHANHASSEN ECONOMIC DEVELOPMENT COMMISSION REGULAR MEETING DECEMBER 12, 2023 Chair Anderson called the meeting to order at 5:30 p.m. MEMBERS PRESENT: Chair Eric Anderson, Vice Chair Duke Zurek, Chris Freeman, Stacy Goff, Cohen Lee MEMBERS ABSENT: Luke Bame STAFF PRESENT: Samantha DiMaggio, Economic Development Manager PUBLIC PRESENT: None. Commissioner Zurek moved, and Commissioner Goff seconded to approve the agenda. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVAL OF MINUTES: APPROVE ECONOMIC DEVELOPMENT COMMISSION MINUTES DATED NOVEMBER 14, 2023 Commissioner Goff moved, and Commissioner Freeman seconded to approve the Minutes of the Economic Development Commission meeting dated November 14, 2023, as presented. All voted in favor and the motion carried unanimously with a vote of 5 to 0. DISCUSSION/GENERAL BUSINESS ITEMS: 1. Tax Increment Financing- Public Economic Development Manager, Samantha DiMaggio, had a follow-up discussion with the EDC on Tax Increment Financing (TIF). They discussed the best ways to educate the public about TIF and how it works. ADJOURNMENT: Commissioner Zurek moved, and Commissioner Lee seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Economic Development Commission meeting was adjourned at 6:00 p.m. Submitted by Samantha DiMaggio Economic Development Manager 51 City Council Item January 22, 2024 Item Receive Planning Commission Minutes dated December 5, 2023 File No.Item No: D.4 Agenda Section CONSENT AGENDA Prepared By Jenny Potter, Sr. Admin Support Specialist Reviewed By SUGGESTED ACTION "The Chanhassen City Council receives the Planning Commission minutes dated December 5, 2023." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS Planning Commission minutes dated December 5, 2023 52 CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES DECEMBER 5, 2023 CALL TO ORDER: Chairman Noyes called the meeting to order at 6:00 p.m. MEMBERS PRESENT: Chair Eric Noyes, Erik Johnson, Kelsey Alto, Perry Schwartz, Ryan Soller, Edward Goff, Steve Jobe. MEMBERS ABSENT: None. STAFF PRESENT: Rachel Arsenault, Associate Planner; Rachel Jeske, Planning Intern; Eric Maass, Planning Director; Laurie Hokkanen, City Manager, Joe Seidl, Water Resources Engineer PUBLIC PRESENT: Mark Undestad Eden Trace Corporation, 8821 Sunset Trail, Chanhassen MN, 55317 PUBLIC HEARINGS: 1. AFFINITECH SITE PLAN REVIEW – 2451 GALPIN COURT Rachel Arsenault, Associate Planner, presented an overview of the Affinitech site plan. Commissioner Schwartz asked if the architecture plans submitted match the elements of nearby properties. Ms. Arsenault stated the materials are limited in the development by the planned unit development standards so many elements are similar. Chair Noyes opened the public hearing. There were no public comments. Chair Noyes closed the public hearing. Chair Noyes shared the elements for the landscaping and architecture are appropriate for this area of the city, so he had no concerns. He invited the applicant to come and share comments. The applicant shared this is the last unit to be developed in this area. They are excited to keep Affinitech as a tenant and provide a permanent home for them in Chanhassen. He thanked staff for completing the reports. Vice-Chair Alto moved, Commissioner Jobe seconded that the Chanhassen Planning Commission recommend approval of the proposed site plan located at 2451 Galpin Court in the Chanhassen West Business Park, subject to the conditions outlined in the city staff 53 Planning Commission Minutes – December 5, 2023 2 report and water resources reports and adopts the findings of the fact and decision. All voted in favor and the motion carried unanimously with a vote of 7 to 0. APPROVAL OF MINUTES: 1. APPROVAL OF PLANNING COMMISSION MINUTES NOVEMBER 6, 2023 Commissioner Goff moved, Commissioner Schwartz seconded to approve the Chanhassen Planning Commission summary minutes dated November 6, 2023 as presented. All voted in favor, and the motion carried unanimously with a vote of 7 to 0. COMMISSION PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: 1. DISCUSSION ON MAXIMUM LOT COVER PRECENTAGE IN RESIDENTIAL SINGLE FAMILY (RSF) DISTRICT AND SHORELAND OVERLAY ZONING DISTRICT Laurie Hokkanen, City Manager, shared that the City Council has looked at hard cover lot requirements in City Code in working sessions. The City Council set policy direction to increase lot cover to 30 percent in residential and shoreland overlay districts as much as possible. Ms. Hokkanen stated there are exceptions, including planned unit developments. The Department of Natural Resources have made modifications and adjustments for the proposal for the shoreland overlay district lot cover. Eric Maass, Planning Director, shared the Minnesota Department of Natural Resources has jurisdiction and needs to approve changes. City staff met with the Department of Natural Resources who would prefer vegetative buffer along the shoreline and made suggested changes to the current language provided in the packet. Chair Noyes asked what was driving the review of the hard cover lot requirements. Ms. Hokkanen shared the review is based on the requests from property owners. The City Council and Planning Commission rarely approve variance requests. There has been an increase in variance requests which has encouraged the City Council to evaluate current rules. Commissioner Schwartz asked for additional information of the vegetative buffers. Mr. Maass responded the best management practice would be offsetting activity for increased perviousness. The Department of Natural Resources wants to see a one-to-one ratio between the lot cover and vegetative buffers to offset increased runoff. Commissioner Schwartz questioned flexibility in the ordinance if a lot line is not straight. Mr. Maass shared the language from the ordinance. The width should not encompass more than 50 percent of the current shoreline, but they are trying to provide flexibility for residents to meet the required square footage. 54 Planning Commission Minutes – December 5, 2023 3 Vice-Chair Alto asked about the long-term impact on the lakes would be if there was 30 percent lot cover on all the properties. Mr. Maass stated many residents do not meet the current limit for lot cover and thinks there would only be a handful of projects in a year that would exceed 25 percent of lot cover. Vice-Chair Alto encouraged the staff to consider the long-term impacts on nature. She stated other cities might make decisions based on lake home ownership rather than what is best for the community and nature. Mr. Maass shared the Department of Natural Resources is providing flexibility to lots created prior to January 1, 1976. Vice-Chair Alto asked what percentage of the lots fell into that category. Mr. Maass answered there approximately 60 percent of lots were created prior to January 1, 1976 and 40 percent of lots were created after January 1, 1976. Commissioner Schwartz agreed with Vice-Chair Alto. He shared the value of vegetative buffer is clear and he is concerned they are not considering best management practices to deal with runoff of lots going into the water. Mr. Maass clarified if an individual wants additional lot cover, they need to provide a vegetative buffer. Vice-Chair Alto asked about maintenance enforcement throughout the homeownership. Mr. Mass shared the vegetative buffer would require an easement to be recorded, posts to be placed at the corners, and an operation and maintenance agreement to be established to ensure the long- term function. Vice-Chair Alto questioned whether there would be a fine if property owners do not comply. Mr. Maass shared they are considering a monitoring program to ensure the vegetative buffers exist and are functioning. Vice-Chair Alto shared her concerns that if the only punishment was a fine, property owners would opt to pay the fine rather than comply with the requirements. Commissioner Goff asked if a homeowner did not want to comply with the requirements if a homeowner could request a variance. Mr. Maass shared a property owner could apply but they could not receive a variance around a process. Commissioner Goff stated there are many odd-sized lots around the lake which has provided the need for variances. He asked if these requirements are meant to eliminate the need to request variances with the Planning Commission. Mr. Maass shared a property owner would possibly need to request a variance for certain reconstruction. The proposed ordinance is for existing homes looking to add additional lot cover. 55 Planning Commission Minutes – December 5, 2023 4 Chair Noyes shared his concern regarding these requirements, providing an example that if a property owner was reconstructing and using the maximum lot cover percentage, it might require additional variances, such as side yard setback. Commissioner Soller asked for a timeline to remind the Commission of the history leading up to this discussion. Ms. Hokkanen shared it started in February with the Planning Commission based on an analysis of the variance requests. In July, the Planning Commission received a proposal for the Shoreland Overlay District to use pervious pavers for five percent lot cover. Commissioner Soller confirmed that there is a public hearing January 16th and that this is a proposed ordinance. If there is a vote that does not pass with the Planning Commission, it is a recommendation against the ordinance to the City Council. Chair Noyes asked if there would be a possibility to separate the Shoreland Overlay District and the residential single-family district would be separate voting matters on January 16. Mr. Maass confirmed this information. Commissioner Schwartz asked why there was an interest in pervious pavers, as over time they become impervious. Ms. Hokkanen stated this is a City Council driven issue and introduces additional options along with pervious pavers for lot cover, such as rain gardens or rain barrels. 2. CIVIC CAMPUS PROJECT UPDATE Laurie Hokkanen, City Manager, shared an overview of the Civic Campus Project Update. There will be an open house next Tuesday, December 12, from 4 to 6 PM in the Senior Center. She reviewed the locations and uses of the buildings and discussed the complimentary architectural materials implemented throughout the Civic Campus. Commissioner Schwartz asked about ADA compliance and ramps near the pavilion. Ms. Hokkanen shared that there are ADA options to access every route. She shared there is consideration to implement an elevator, but this is budget dependent. They have received multiple price quotes on the elevator and are trying to clarify the costs. Commissioner Schwartz asked about trees throughout the site. Ms. Hokkanen shared there are high priority areas where they will invest in more mature trees, and they are prioritizing pockets for greenery. Commissioner Schwartz encouraged consideration of lighting in the bandshell for the performers. He also asked if the furniture would be secured so individuals cannot walk away with the furniture. Ms. Hokkanen shared this information is not yet finalized. 56 Planning Commission Minutes – December 5, 2023 5 Vice-Chair Alto asked where the farmer’s market would be located. Ms. Hokkanen reviewed options for the location, including the main parking lot or the green space. They are including power options in both places for the farmer’s market or food trucks. Commissioner Jobe questioned if there would be security cameras and asked if there would be a staff member who would oversee the rentals of spaces and equipment. Ms. Hokkanen shared they do not envision there being a full-time manager for this site. She shared outdoor yard games are popular parks and they will continue to investigate options for equipment use. She confirmed there would be security cameras. Commissioner Soller asked if this space would be subject to traditional park closing times and if the fireplace areas would be gas and push-button operated. He asked if there would be a possibility to expand public Wi-Fi options so individuals can use the seating to work. He shared newer playgrounds are often geared towards children with different types of abilities and asked if this playground would fall into this category. Ms. Hokkanen shared the playground would not be the top option for accessibility due to space constraints. She confirmed the fire pits would be open to public use before the 10 PM park closing. She answered the Wi-Fi options are budget dependent, but they are considering these options. Commissioner Soller asked how close these images are to the final design and wondered about a targeted grand opening. Ms. Hokkanen shared they are close. They are having a construction manager look through the plans prior to opening the plans to bid. She said they are currently in the cost estimate phase. There is a goal to complete the plan by July 2025. Commissioner Schwartz questioned how the project is being funded. Ms. Hokkanen answered the project is being funded by levy-dollars and they are issuing general obligation debt for the project. There will be a 6.5 to 7 percent levy increase over the course of multiple years. Commissioner Schwartz shared concerns about rollerbladers, families walking, and strollers using the same concrete walk and encouraged city staff to take these concerns into consideration. Eric Maass, Planning Director, communicated that Xcel Energy is reviewing the plans to ensure the building is energy efficient and meets rebate options. Commissioner Schwartz asked if there were plans for solar panels. Ms. Hokkanen shared the building would be solar-ready and installation would be dependent on budget. There would also be sections for car-charging dependent upon budget. CORRESPONDENCE DISCUSSION: Planning Director Maass updated the Commissioners, noting that Bob Generous would be retiring in January 2024. He celebrated 30 years with the City in September 2023. ADJOURNMENT: 57 Planning Commission Minutes – December 5, 2023 6 Commissioner Jobe moved, Vice-Chair Alto seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 7 to 0. The Planning Commission meeting was adjourned at 7:12 p.m. Submitted by Eric Maass Planning Director 58 City Council Item January 22, 2024 Item Approve Claims Paid dated January 22, 2024 File No.Item No: D.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 January 22, 2024." 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 January 22, 2024: Total Claims $693,757.31 BUDGET RECOMMENDATION 59 ATTACHMENTS Payment Summary Payment Detail 60 Accounts Payable Checks by Date - Summary Vendor Name Check Date Void Checks Check Amount 6th & Congress 11/16/2023 0.00 14.94 Alert-All Corp 11/16/2023 0.00 375.00 Amazon 11/16/2023 0.00 6,512.97 American Planning Association 11/16/2023 0.00 1,051.70 American Public Works Association 11/16/2023 0.00 1,467.60 Apple.com 11/16/2023 0.00 0.99 Artlist 11/16/2023 0.00 299.00 Asana.com 11/16/2023 0.00 527.52 Best Buy 11/16/2023 0.00 132.24 Bitly, Inc 11/16/2023 0.00 35.00 Caribou Coffee 11/16/2023 0.00 18.11 Carver County Environmental Center 11/16/2023 0.00 217.50 CDW Government 11/16/2023 0.00 1,807.51 Chanhassen Dinner Theatre 11/16/2023 0.00 3,577.04 Cindi's NY Deli 11/16/2023 0.00 39.39 Cli Studios, Inc 11/16/2023 0.00 800.00 Cornerstone Parking 11/16/2023 0.00 3.00 Costco Wholesale 11/16/2023 0.00 650.46 Cub Foods 11/16/2023 0.00 74.46 Dell 11/16/2023 0.00 453.00 Delta Airlines 11/16/2023 0.00 60.00 Do my own 11/16/2023 0.00 73.72 Encryptomatic LLC 11/16/2023 0.00 22.50 Epic Event Rental 11/16/2023 0.00 618.89 Epic Sports 11/16/2023 0.00 244.84 Expedia 11/16/2023 0.00 427.12 Facebook 11/16/2023 0.00 8.21 FedEx Office 11/16/2023 0.00 242.77 Fire By Trade 11/16/2023 0.00 264.61 First Student 11/16/2023 0.00 618.23 Flaticon Premium 11/16/2023 0.00 99.00 Frankie's Downtown 11/16/2023 0.00 18.53 Gertens 11/16/2023 0.00 779.80 Grainger 11/16/2023 0.00 20.92 Hach Company 11/16/2023 0.00 664.00 Hero 11/16/2023 0.00 21.32 Home Depot 11/16/2023 0.00 2,149.03 Homerun Leadership LLC 11/16/2023 0.00 200.00 Industrial Air Power 11/16/2023 0.00 136.34 International Bronze Plaque Co Inc 11/16/2023 0.00 270.00 Jamf Software, LLC 11/16/2023 0.00 140.00 Kyoto Sushi 11/16/2023 0.00 24.36 Lyft 11/16/2023 0.00 80.59 Menards 11/16/2023 0.00 227.72 Page 1 of 4 61 Vendor Name Check Date Void Checks Check Amount Merlins Ace Hardware 11/16/2023 0.00 15.42 Minnesota Occupational Health 11/16/2023 0.00 87.00 Minnesota Rural Water Association 11/16/2023 0.00 75.00 Miriam Cocina Latina 11/16/2023 0.00 37.04 MN Association of Government Communicators 11/16/2023 0.00 375.00 MN Dept of Natural Resources 11/16/2023 0.00 1,200.00 MN Fall Maintenance Expo 11/16/2023 0.00 300.00 MN Recreation and Park Association 11/16/2023 0.00 275.00 Moe's American Restaurant 11/16/2023 0.00 45.74 MyBinding.com 11/16/2023 0.00 104.30 MyPlumbingTraining.com 11/16/2023 0.00 150.00 National Mahjongg League 11/16/2023 0.00 300.00 Northern Tool+Equipment 11/16/2023 0.00 90.27 Office Max/Office Depot 11/16/2023 0.00 101.32 Old Chicago 11/16/2023 0.00 43.87 Panera Bread 11/16/2023 0.00 455.14 Party City 11/16/2023 0.00 32.21 PD Blowers 11/16/2023 0.00 313.38 Postmaster 11/16/2023 0.00 62.71 Red River Cafe 11/16/2023 0.00 14.29 Reds Savoy Pizza 11/16/2023 0.00 253.95 Shorewood True Value 11/16/2023 0.00 311.82 Slate & Stone 11/16/2023 0.00 250.00 South Pier Inn 11/16/2023 0.00 1,069.56 Southwest Metro Chamber of Commerce 11/16/2023 0.00 120.00 Stampli 11/16/2023 0.00 1,393.50 Stratoguard, LLC 11/16/2023 0.00 230.56 Survey Supply Inc 11/16/2023 0.00 432.65 Target 11/16/2023 0.00 62.39 Tennant Company 11/16/2023 0.00 35.11 The Suites Hotel at Waterfront Plaza 11/16/2023 0.00 2,818.20 Tiger Supplies 11/16/2023 0.00 251.59 U of M Contlearning 11/16/2023 0.00 50.00 USA Inflatable 11/16/2023 0.00 572.65 USABlueBook 11/16/2023 0.00 118.25 Velvet Taco 11/16/2023 0.00 47.28 Von Hanson's Meats 11/16/2023 0.00 75.00 Wesco 11/16/2023 0.00 322.51 Westin Hotels & Resorts 11/16/2023 0.00 1,157.56 Wifi On Board 11/16/2023 0.00 15.00 Wild West Hackin' Fest 11/16/2023 0.00 150.00 Zoom 11/16/2023 0.00 85.90 BCA 01/03/2024 0.00 33.25 Jodi Sarles 01/03/2024 0.00 300.00 A Better Society 01/04/2024 0.00 1,500.00 ASPEN MILLS 01/04/2024 0.00 61.36 Badger State Inspection LLC 01/04/2024 0.00 10,249.00 BAY WEST 01/04/2024 0.00 1,639.52 BRAUN INTERTEC CORPORATION 01/04/2024 0.00 1,698.00 BRYAN ROCK PRODUCTS INC 01/04/2024 0.00 378.08 CCP NI MASTER TENANT 4 LLC 01/04/2024 0.00 3,858.60 CENTURYLINK 01/04/2024 0.00 1,755.24 CITY OF CHASKA 01/04/2024 0.00 1,867.88 Page 2 of 4 62 Vendor Name Check Date Void Checks Check Amount Cleaning Solutions Services 01/04/2024 0.00 7,250.70 COMPUTER INTEGRATION TECHN. 01/04/2024 0.00 3,062.80 DOLLIFF INC. INSURANCE 01/04/2024 0.00 339.00 EcoWater 01/04/2024 0.00 64.00 FASTENAL COMPANY 01/04/2024 0.00 7.26 Ferguson Waterworks #2518 01/04/2024 0.00 1,466.93 G & M Tree Moving Inc 01/04/2024 0.00 1,200.00 GRAYBAR 01/04/2024 0.00 1,749.44 HAROLD BROSE 01/04/2024 0.00 32.00 HAWKINS CHEMICAL 01/04/2024 0.00 60.00 Heritage Shade Tree Consultants, Inc 01/04/2024 0.00 11,968.75 Indigo Signs 01/04/2024 0.00 1,460.00 Infosend, Inc 01/04/2024 0.00 3,510.02 Innovative Office Solutions LLC 01/04/2024 0.00 95.16 K2 Electrical Services Inc 01/04/2024 0.00 877.00 KENDALLVILLE FARMS 01/04/2024 0.00 1,300.00 KIMLEY HORN AND ASSOCIATES INC 01/04/2024 0.00 2,763.75 Minneapolis Oxygen Company 01/04/2024 0.00 35.27 MN STATE FIRE CHIEFS ASSOC. 01/04/2024 0.00 340.00 MN VALLEY ELECTRIC COOP 01/04/2024 0.00 6,686.14 NAPA AUTO & TRUCK PARTS 01/04/2024 0.00 209.80 Nokomis Energy, LLC 01/04/2024 0.00 2,665.10 Old Republic Surety Group 01/04/2024 0.00 825.00 O'Reilly Automotive Inc 01/04/2024 0.00 25.35 Quality Flow Systems Inc 01/04/2024 0.00 4,685.00 Robert Half International, Inc. 01/04/2024 0.00 223.16 Rochon Corporation 01/04/2024 0.00 98,671.84 Rugged Solutions America, LLC 01/04/2024 0.00 69.91 Schwickert Company 01/04/2024 0.00 5,846.00 SOFTWARE HOUSE INTERNATIONAL 01/04/2024 0.00 1,343.24 Southwest Rental & Sales 01/04/2024 0.00 341.23 SUBURBAN CHEVROLET 01/04/2024 0.00 137.29 SUMMIT FIRE PROTECTION 01/04/2024 0.00 5,442.75 Taylor Electric Company, LLC 01/04/2024 0.00 1,580.00 Taylor Pederson 01/04/2024 0.00 2,198.16 Travis Ott 01/04/2024 0.00 1,465.44 Utility Logic LLC 01/04/2024 0.00 104.40 VERIZON WIRELESS 01/04/2024 0.00 5,661.27 Waste Management of Minnesota, Inc 01/04/2024 0.00 1,502.12 WM MUELLER & SONS INC 01/04/2024 0.00 56.00 WSB & ASSOCIATES INC 01/04/2024 0.00 3,030.50 XCEL ENERGY INC 01/04/2024 0.00 33,986.38 ZAHL-PETROLEUM MAINTENANCE CO 01/04/2024 0.00 2,035.25 CARVER COUNTY LICENSE CENTER 01/10/2024 0.00 1,530.00 Dave Ding 01/10/2024 0.00 290.48 DeeAnn Triethart 01/10/2024 0.00 20.00 GRANICUS INC 01/10/2024 0.00 48.83 IUOE Local #49 01/10/2024 0.00 735.00 Matt Unmacht 01/10/2024 0.00 5,000.00 METRO CHIEF FIRE OFFICERS ASSN 01/10/2024 0.00 100.00 MN DEPT OF NATURAL RESOURCES 01/10/2024 0.00 29,991.65 MN DEPT OF TRANSPORTATION 01/10/2024 0.00 40.00 MN NCPERS LIFE INSURANCE 01/10/2024 0.00 128.00 Page 3 of 4 63 Vendor Name Check Date Void Checks Check Amount XCEL ENERGY INC 01/10/2024 0.00 230.17 ASCAP 01/11/2024 0.00 434.00 Brent Fester 01/11/2024 0.00 50.00 Brian Nelson 01/11/2024 0.00 93.99 Carver County 01/11/2024 0.00 1,710.00 CDW GOVERNMENT LLC 01/11/2024 0.00 1,800.00 CENTERPOINT ENERGY MINNEGASCO 01/11/2024 0.00 4,671.53 CenturyLink 01/11/2024 0.00 64.00 DALCO ENTERPRISES, INC. 01/11/2024 0.00 1,540.99 Darla Graham 01/11/2024 0.00 50.00 Edina Heating & Cooling Inc 01/11/2024 0.00 2,084.00 EMERGENCY AUTOMOTIVE TECH INC 01/11/2024 0.00 4,089.81 Enterprise FM Trust 01/11/2024 0.00 20,870.40 Ferguson Waterworks #2518 01/11/2024 0.00 843.99 FleetPride, Inc. 01/11/2024 0.00 612.95 Guard Guys, LLC 01/11/2024 0.00 53.85 Heritage Shade Tree Consultants, Inc 01/11/2024 0.00 10,218.75 INDEPENDENT SCHOOL DIST 112 01/11/2024 0.00 6,993.54 Ingersoll-Rand Industrial U.S. Inc 01/11/2024 0.00 577.43 Jason Voskuil 01/11/2024 0.00 50.00 Jennifer & Mike Helmick 01/11/2024 0.00 204.11 Kerry Maus 01/11/2024 0.00 345.00 KIMLEY HORN AND ASSOCIATES INC 01/11/2024 0.00 31,227.53 Mansfield Oil Company 01/11/2024 0.00 22,194.28 Marco Inc 01/11/2024 0.00 1,010.00 Metro Cities 01/11/2024 0.00 8,456.00 Metronet Holdings, LLC 01/11/2024 0.00 56.75 Metropolitan Area Management Association 01/11/2024 0.00 45.00 Metropolitan Council, Env Svcs 01/11/2024 0.00 4,920.30 MINGER CONSTRUCTION 01/11/2024 0.00 171,626.24 Minnesota Pump Works 01/11/2024 0.00 30,834.27 MN DEPT OF LABOR AND INDUSTRY 01/11/2024 0.00 1,905.35 MN DEPT OF TRANSPORTATION 01/11/2024 0.00 66.40 MN VALLEY ELECTRIC COOP 01/11/2024 0.00 465.61 NORTHWESTERN POWER EQUIP CO 01/11/2024 0.00 13,139.75 Nuss Truck & Equipment 01/11/2024 0.00 801.44 PILGRIM DRY CLEANERS 01/11/2024 0.00 412.59 Pinnacle Pest Control 01/11/2024 0.00 1,125.00 Potentia MN Solar 01/11/2024 0.00 5,882.41 Pro-Tec Design, Inc. 01/11/2024 0.00 836.52 REACH FOR RESOURCES 01/11/2024 0.00 11,149.36 Rinker Materials 01/11/2024 0.00 2,851.20 SESAC 01/11/2024 0.00 1,159.00 SNAP-ON INDUSTRIAL 01/11/2024 0.00 855.85 SOFTWARE HOUSE INTERNATIONAL 01/11/2024 0.00 3,267.32 SOUTHWEST LOCK & KEY 01/11/2024 0.00 159.00 Sun Life Financial 01/11/2024 0.00 3,693.92 TRAFFIC CONTROL CORPORATION 01/11/2024 0.00 700.00 WM MUELLER & SONS INC 01/11/2024 0.00 358.31 Report Total: 0.00 693,757.31 Page 4 of 4 64 AP Check Detail User: dwashburn Printed: 1/14/2024 10:13:36 AM Last Name Acct 1 Amount Check Date Description 6th & Congress 101-1120-4381 14.94 11/16/2023 Lunch at ICMA conference 14.94 11/16/2023 6th & Congress 14.94 A Better Society 101-1420-4300 750.00 1/4/2024 bike repair clinic on 8/19/23 A Better Society 101-1420-4300 750.00 1/4/2024 Mobile bike repair clinic 1,500.00 1/4/2024 A Better Society 1,500.00 Alert-All Corp 101-1220-4144 375.00 11/16/2023 Stickers for Fire Prevention 375.00 11/16/2023 Alert-All Corp 375.00 Amazon 101-1530-4120 19.79 11/16/2023 Replacement pickleball paddles Amazon 101-1120-4110 32.95 11/16/2023 11x17 Laminating Sheets Amazon 700-7043-4510 93.22 11/16/2023 MW Magnetic Shelf Utility Storage Rack shelf paper towel holde Amazon 101-1160-4530 8.89 11/16/2023 Screen protector for Brett Martinson and Melissa Haman Amazon 700-7043-4120 118.48 11/16/2023 MW Stainless Steel Socket Head Cap Screws Amazon 101-1220-4144 92.36 11/16/2023 CO Detectors to give out during response Amazon 101-1160-4207 11.95 11/16/2023 Sewer Televising Videos Access Fee Sep Amazon 101-1320-4120 65.85 11/16/2023 CS 14mm Chrome Steel Precision Ball Bearings Amazon 101-1370-4150 26.00 11/16/2023 CS Sanding Discs Amazon 101-1160-4530 131.17 11/16/2023 HDMI Cable & Screwdriver set for IT Privacy screens for Rachel J Amazon 101-1220-4372 49.46 11/16/2023 Froggy's Fog Pro Haze High Performance AP - Check Detail (1/14/2024)Page 1 of 41 65 Last Name Acct 1 Amount Check Date Description Amazon 101-1160-4530 75.97 11/16/2023 Replacement Laptop Bag Cell Phone Case Rice Amazon 700-7043-4510 3,460.11 11/16/2023 Fiber Trancievers utilities switches Amazon 101-1160-4530 35.92 11/16/2023 Ethernet Cables & Extension Cord for Rachel Arsenault Amazon 101-1806-4130 26.39 11/16/2023 spot markers Amazon 720-7202-4130 14.04 11/16/2023 Food wraps w Beeswax assorted 9 pk Amazon 101-1370-4260 27.81 11/16/2023 CS Hydraulic Pressure Test Hose Amazon 101-1530-4130 8.99 11/16/2023 Ball Pump Needles Amazon 720-7202-4130 34.33 11/16/2023 Adopt a Park gloves Amazon 402-4125-4706 1,181.85 11/16/2023 Rec Center Replacement Entry Rugs Amazon 101-1120-4110 68.97 11/16/2023 Large 11x17 Clipboards Engineering Amazon 101-1160-4530 69.95 11/16/2023 Otterbox Phone case for Melissa Haman Amazon 101-1120-4110 18.05 11/16/2023 Air Fresheners Bathrooms Amazon 101-1120-4110 17.49 11/16/2023 IPAD screen protector Amazon 101-1160-4530 42.09 11/16/2023 Replacement laptop bag Dennis Tumberg Amazon 101-1320-4120 32.92 11/16/2023 CS 14mm Chrome Steel Precision Ball Bearings Amazon 700-7043-4510 132.00 11/16/2023 MW Lifesaver 10in Safety Shower Head Amazon 101-1530-4130 14.79 11/16/2023 Rubber Chickens for Chicken toss Amazon 700-7019-4150 205.32 11/16/2023 JC Ingersoll Rand Synthetic Lubricant Amazon 101-1320-4120 10.50 11/16/2023 CS 14mm Precision Chrome Steel Ball Bearings Amazon 101-1160-4134 25.96 11/16/2023 Fiber patch cables Amazon 101-1120-4110 4.99 11/16/2023 Business Card Holder RA Amazon 720-7202-4130 137.63 11/16/2023 Washable and Reusable Produce Bags Wool Dryer balls Reusable F Amazon 101-1120-4110 24.00 11/16/2023 Clear Stand Up Frames Rec Center Amazon 101-1530-4150 129.06 11/16/2023 Towels for Fitness Center Amazon 101-1120-4110 44.02 11/16/2023 AAA Batteries Sharpies Amazon 101-1120-4110 19.70 11/16/2023 Call Logs Supply Room 6,512.97 11/16/2023 Amazon 6,512.97 American Planning Association 101-1420-4370 952.70 11/16/2023 Rachel A and Rachel J conference registrations American Planning Association 101-1420-4360 99.00 11/16/2023 APA Annual Membership Rachel Arsenault 1,051.70 11/16/2023 American Planning Association 1,051.70 American Public Works Association 101-1310-4370 1,467.60 11/16/2023 APWA Conference Registration AP - Check Detail (1/14/2024)Page 2 of 41 66 Last Name Acct 1 Amount Check Date Description 1,467.60 11/16/2023 American Public Works Association 1,467.60 Apple.com 101-1220-4310 0.99 11/16/2023 Apple Storage 0.99 11/16/2023 Apple.com 0.99 Artlist 101-1125-4125 299.00 11/16/2023 Annual Subscription for Licensed Music 299.00 11/16/2023 Artlist 299.00 Asana.com 101-1125-4229 527.52 11/16/2023 Annual Subscription for Communication Project Management Tool 527.52 11/16/2023 Asana.com 527.52 ASCAP 101-1530-4125 434.00 1/11/2024 ASCAP Music License 434.00 1/11/2024 ASCAP 434.00 ASPEN MILLS 101-1220-4240 61.36 1/4/2024 Johnson Class A shirt 61.36 1/4/2024 ASPEN MILLS 61.36 Badger State Inspection LLC 101-0000-2076 6,984.00 1/4/2024 New Dish Wireless Install-Lake Lucy WT Badger State Inspection LLC 101-0000-2076 3,265.00 1/4/2024 Verizon Antenna at WT#3 AP - Check Detail (1/14/2024)Page 3 of 41 67 Last Name Acct 1 Amount Check Date Description 10,249.00 1/4/2024 Badger State Inspection LLC 10,249.00 BAY WEST 720-7207-4570 1,639.52 1/4/2024 bay west assisted with clean up from car wreck 1,639.52 1/4/2024 BAY WEST 1,639.52 BCA 101-1220-4352 33.25 1/3/2024 Background Investigation 33.25 1/3/2024 BCA 33.25 Best Buy 101-1160-4132 132.24 11/16/2023 Ergodynamic Keyboard Bluetooth 132.24 11/16/2023 Best Buy 132.24 Bitly, Inc 101-1125-4360 35.00 11/16/2023 Online subscription for short URLs 35.00 11/16/2023 Bitly, Inc 35.00 BRAUN INTERTEC CORPORATION 701-6051-4300 67.92 1/4/2024 23-01 Sanitary @ 4% BRAUN INTERTEC CORPORATION 601-6051-4300 1,239.54 1/4/2024 23-01 PMP @ 73% BRAUN INTERTEC CORPORATION 720-6051-4300 203.76 1/4/2024 23-01 Storm @ 12% BRAUN INTERTEC CORPORATION 700-6051-4300 186.78 1/4/2024 23-01 Water @ 11% 1,698.00 1/4/2024 AP - Check Detail (1/14/2024)Page 4 of 41 68 Last Name Acct 1 Amount Check Date Description BRAUN INTERTEC CORPORATION 1,698.00 BROSE HAROLD 701-0000-4150 32.00 1/4/2024 hay for insulation/cover for lift station 32.00 1/4/2024 BROSE HAROLD 32.00 BRYAN ROCK PRODUCTS INC 720-7207-4150 378.08 1/4/2024 supplies for stormwater repairs. 378.08 1/4/2024 BRYAN ROCK PRODUCTS INC 378.08 Caribou Coffee 101-1123-4372 13.44 11/16/2023 Coffee meeting with Dan Cahill ISD 112 Rachel J and myself Caribou Coffee 101-1123-4372 4.67 11/16/2023 Coffee with Julie Jost Entrepreneur 18.11 11/16/2023 Caribou Coffee 18.11 Carver County 101-1160-4326 550.00 1/11/2024 Internet + Dark Fiber - Jan City Hall FD1 FD2 Carver County 700-1160-4326 650.00 1/11/2024 Dark Fiber - Utilities - Jan Carver County 700-1160-4326 435.00 1/11/2024 Annual Fiber Maintenance - Utilities Carver County 101-1160-4326 75.00 1/11/2024 Dark Fiber - PW - Jan 1,710.00 1/11/2024 Carver County 1,710.00 Carver County Environmental Center 720-7201-4300 217.50 11/16/2023 IT Dept items to recycle 217.50 11/16/2023 Carver County Environmental Center 217.50 CARVER COUNTY LICENSE CENTER 101-1250-4440 63.75 1/10/2024 Vehicle Registration Renewal - Code Enforcement AP - Check Detail (1/14/2024)Page 5 of 41 69 Last Name Acct 1 Amount Check Date Description CARVER COUNTY LICENSE CENTER 101-1310-4140 42.50 1/10/2024 Vehicle Registration Renewal - Engineering CARVER COUNTY LICENSE CENTER 700-0000-4140 191.25 1/10/2024 Vehicle Registration Renewal - Utilities CARVER COUNTY LICENSE CENTER 101-1550-4440 340.00 1/10/2024 Vehicle Registration Renewal - Parks CARVER COUNTY LICENSE CENTER 101-1420-4140 21.25 1/10/2024 Vehicle Registration Renewal - Planning CARVER COUNTY LICENSE CENTER 101-1320-4440 680.00 1/10/2024 Vehicle Registration Renewal - Streets CARVER COUNTY LICENSE CENTER 701-0000-4140 191.25 1/10/2024 Vehicle Registration Renewal - Utilities 1,530.00 1/10/2024 CARVER COUNTY LICENSE CENTER 1,530.00 CCP NI MASTER TENANT 4 LLC 700-0000-4320 59.34 1/4/2024 Electric Charges CCP NI MASTER TENANT 4 LLC 701-0000-4320 690.04 1/4/2024 Electric Charges CCP NI MASTER TENANT 4 LLC 700-7019-4320 945.36 1/4/2024 Electric Charges CCP NI MASTER TENANT 4 LLC 101-1600-4320 15.52 1/4/2024 Electric Charges CCP NI MASTER TENANT 4 LLC 101-1120-1193 64.76 1/4/2024 Electric Charges CCP NI MASTER TENANT 4 LLC 101-1540-4320 190.13 1/4/2024 Electric Charges CCP NI MASTER TENANT 4 LLC 101-1350-4320 1,691.09 1/4/2024 Electric Charges CCP NI MASTER TENANT 4 LLC 101-1550-4320 202.36 1/4/2024 Electric Charges 3,858.60 1/4/2024 CCP NI MASTER TENANT 4 LLC 3,858.60 CDW Government 101-1160-4131 95.02 11/16/2023 Microsoft Surface Pro Service Brett McLellan Utilities CDW Government 101-1160-4131 1,712.49 11/16/2023 Microsoft Surface Pro Tablet Brett McLellan Utilities 1,807.51 11/16/2023 CDW Government 1,807.51 CDW GOVERNMENT LLC 101-1160-4131 1,800.00 1/11/2024 Getac Tablet Docking Stations - FD 1,800.00 1/11/2024 CDW GOVERNMENT LLC 1,800.00 CENTERPOINT ENERGY MINNEGASCO 101-1190-4321 1,951.64 1/11/2024 Gas Charges CENTERPOINT ENERGY MINNEGASCO 101-1600-4321 20.00 1/11/2024 Gas Charges AP - Check Detail (1/14/2024)Page 6 of 41 70 Last Name Acct 1 Amount Check Date Description CENTERPOINT ENERGY MINNEGASCO 700-0000-4321 54.51 1/11/2024 Gas Charges CENTERPOINT ENERGY MINNEGASCO 700-7043-4321 1,265.20 1/11/2024 Gas Charges CENTERPOINT ENERGY MINNEGASCO 101-1550-4321 325.10 1/11/2024 Gas Charges CENTERPOINT ENERGY MINNEGASCO 701-0000-4321 21.94 1/11/2024 Gas Charges CENTERPOINT ENERGY MINNEGASCO 101-1170-4321 1,033.14 1/11/2024 Gas Charges 4,671.53 1/11/2024 CENTERPOINT ENERGY MINNEGASCO 4,671.53 CENTURYLINK 101-1550-4310 30.78 1/4/2024 Telephone & Communication Charges CENTURYLINK 101-1220-4310 0.74 1/4/2024 Telephone & Communication Charges CENTURYLINK 101-1160-4325 250.78 1/4/2024 Telephone & Communication Charges CENTURYLINK 101-1190-4310 123.64 1/4/2024 Telephone & Communication Charges CENTURYLINK 101-1170-4310 822.71 1/4/2024 Telephone & Communication Charges CENTURYLINK 700-0000-4310 6.16 1/4/2024 Telephone & Communication Charges CENTURYLINK 701-0000-4310 6.16 1/4/2024 Telephone & Communication Charges CENTURYLINK 101-1160-4325 125.72 1/4/2024 Telephone & Communication Charges CENTURYLINK 700-0000-4310 15.51 1/4/2024 Telephone & Communication Charges CENTURYLINK 700-7019-4310 215.69 1/4/2024 Telephone & Communication Charges CENTURYLINK 101-1350-4310 30.78 1/4/2024 Telephone & Communication Charges CENTURYLINK 701-0000-4310 15.51 1/4/2024 Telephone & Communication Charges CENTURYLINK 101-1312-4310 49.24 1/4/2024 Telephone & Communication Charges CENTURYLINK 101-1540-4310 61.82 1/4/2024 Telephone & Communication Charges 1,755.24 1/4/2024 CenturyLink 701-0000-4310 32.00 1/11/2024 Telephone & Communication Charges CenturyLink 700-0000-4310 32.00 1/11/2024 Telephone & Communication Charges 64.00 1/11/2024 CenturyLink 1,819.24 Chanhassen Dinner Theatre 101-1560-4342 3,577.04 11/16/2023 Jersey Boys show tickets CDT Nov 1 performance 3,577.04 11/16/2023 Chanhassen Dinner Theatre 3,577.04 AP - Check Detail (1/14/2024)Page 7 of 41 71 Last Name Acct 1 Amount Check Date Description Cindi's NY Deli 101-1520-4381 19.60 11/16/2023 Lunch - NRPA National Conference (Dallas) Cindi's NY Deli 101-1520-4381 19.79 11/16/2023 Lunch - NRPA National Conference (Dallas) 39.39 11/16/2023 Cindi's NY Deli 39.39 CITY OF CHASKA 101-1560-4342 1,867.88 1/4/2024 Day trip to Ives Theater: Tickets and Meal 1,867.88 1/4/2024 CITY OF CHASKA 1,867.88 Cleaning Solutions Services 101-1220-4511 248.40 1/4/2024 Cleaning Services-December 2023 Cleaning Solutions Services 101-1190-4511 3,912.30 1/4/2024 Cleaning Services-December 2023 Cleaning Solutions Services 101-1170-4511 3,090.00 1/4/2024 Cleaning services-December 2023 7,250.70 1/4/2024 Cleaning Solutions Services 7,250.70 Cli Studios, Inc 101-1534-4370 800.00 11/16/2023 Instructor Training 800.00 11/16/2023 Cli Studios, Inc 800.00 COMPUTER INTEGRATION TECHN.101-1160-4300 2,500.00 1/4/2024 Network Consulting Services COMPUTER INTEGRATION TECHN.101-1160-4211 457.60 1/4/2024 Office365 Backup Service - Jan COMPUTER INTEGRATION TECHN.101-1160-4211 105.20 1/4/2024 Office 365 Add-On Licenses 3,062.80 1/4/2024 COMPUTER INTEGRATION TECHN. 3,062.80 Cornerstone Parking 101-1220-4381 3.00 11/16/2023 Parking for hospital visit Fire Employee in ER AP - Check Detail (1/14/2024)Page 8 of 41 72 Last Name Acct 1 Amount Check Date Description 3.00 11/16/2023 Cornerstone Parking 3.00 Costco Wholesale 101-1220-4144 650.46 11/16/2023 Hot Dog bun, Hot Dogs, Cookies, Chips, Paper plates, napkins 650.46 11/16/2023 Costco Wholesale 650.46 Cub Foods 101-1560-4112 40.14 11/16/2023 Mixed Nuts, Bugle Corn Snacks, Old Dutch Puff Cub Foods 101-1560-4112 34.32 11/16/2023 Cookies, paper towels, napkins - Driver Safety treats 74.46 11/16/2023 Cub Foods 74.46 DALCO ENTERPRISES, INC.101-1120-4110 1,540.99 1/11/2024 paper cleaning supply restrooms 1,540.99 1/11/2024 DALCO ENTERPRISES, INC. 1,540.99 Dell 101-1160-4131 310.00 11/16/2023 Second Monitor for Matt Kerr & Rachel Arsenault Dell 101-1160-4131 143.00 11/16/2023 Second Monitor for Jerry Ruegemer 453.00 11/16/2023 Dell 453.00 Delta Airlines 101-1520-4381 30.00 11/16/2023 Baggage Fees Delta Airlines 101-1520-4381 30.00 11/16/2023 Baggage Fees 60.00 11/16/2023 AP - Check Detail (1/14/2024)Page 9 of 41 73 Last Name Acct 1 Amount Check Date Description Delta Airlines 60.00 Ding Dave 101-1250-4240 290.48 1/10/2024 Work Shoes - Safety Toe 290.48 1/10/2024 Ding Dave 290.48 Do my own 700-7043-4510 73.72 11/16/2023 MW Maxforce Fleet Ant Bait Pressurized Fly Bait 73.72 11/16/2023 Do my own 73.72 DOLLIFF INC. INSURANCE 101-1170-4483 339.00 1/4/2024 Crime - Renew Policy 339.00 1/4/2024 DOLLIFF INC. INSURANCE 339.00 EcoWater 101-1250-3306 64.00 1/4/2024 Permit Refund- Canceled-7631 Arboretum Village Ct 64.00 1/4/2024 EcoWater 64.00 Edina Heating & Cooling Inc 101-1312-4510 525.00 1/11/2024 replace bad relay in control panel in mechanics shop for MAU Edina Heating & Cooling Inc 101-1310-4359 10.00 1/11/2024 LC Per MN Statute 471.425 Edina Heating & Cooling Inc 101-1190-4510 300.00 1/11/2024 weekly boiler inspection Edina Heating & Cooling Inc 101-1190-4510 300.00 1/11/2024 weekly boiler inspection/LC Per MN Statute 471.425 Edina Heating & Cooling Inc 101-1190-4510 639.00 1/11/2024 replace igniters on boiler 2 3 Edina Heating & Cooling Inc 101-1190-4510 300.00 1/11/2024 weekly boiler inspection Edina Heating & Cooling Inc 101-1310-4359 10.00 1/11/2024 weekly boiler inspection/LC Per MN Statute 471.425 2,084.00 1/11/2024 AP - Check Detail (1/14/2024)Page 10 of 41 74 Last Name Acct 1 Amount Check Date Description Edina Heating & Cooling Inc 2,084.00 EMERGENCY AUTOMOTIVE TECH INC 400-4135-4704 4,089.81 1/11/2024 tahoe lighting and emergency equipment 4,089.81 1/11/2024 EMERGENCY AUTOMOTIVE TECH INC 4,089.81 Encryptomatic LLC 101-1160-4219 22.50 11/16/2023 PSTViewer Pro Annual Renewal 22.50 11/16/2023 Encryptomatic LLC 22.50 Enterprise FM Trust 400-0000-4811 259.60 1/11/2024 502 - 23 Chev Blazer #25XQVB Enterprise FM Trust 400-0000-4810 621.54 1/11/2024 402 - 23 Chev Silv #25XGMF Enterprise FM Trust 400-0000-4811 190.66 1/11/2024 201 - 22 GMC Yuko #25MPSN Enterprise FM Trust 400-0000-4811 331.16 1/11/2024 202 - 23 Chev Tahoe #25WDVJ Enterprise FM Trust 400-0000-4811 229.49 1/11/2024 405 - 22 Chev Silv #25G5QQ Enterprise FM Trust 400-0000-4811 331.16 1/11/2024 204 - 23 Chev Tahoe #25WDVL Enterprise FM Trust 400-0000-4810 366.80 1/11/2024 001 - 22 Ford Esca #26M3MH Enterprise FM Trust 400-0000-4810 641.16 1/11/2024 420 - 23 Chev Silv #25XGMS Enterprise FM Trust 400-0000-4811 377.33 1/11/2024 612 - 23 Chev Silv #26RL44 Enterprise FM Trust 400-0000-4810 564.88 1/11/2024 204 - 23 Chev Tahoe #25WDVL Enterprise FM Trust 700-0000-2317 279.61 1/11/2024 305 - 22 Chev Silv #25G5QR Enterprise FM Trust 400-0000-4810 555.62 1/11/2024 408 - 22 Chev Silv #25G89X Enterprise FM Trust 400-0000-4811 169.08 1/11/2024 606 - 22 Ford Rang #25G23Z Enterprise FM Trust 400-0000-4810 563.34 1/11/2024 411 - 22 Chev Silv #25G8CL Enterprise FM Trust 400-0000-4810 536.31 1/11/2024 214 - 22 Chev Silv #25G5D2 Enterprise FM Trust 400-0000-4810 543.49 1/11/2024 612 - 23 Chev Silv #26RL44 Enterprise FM Trust 400-0000-4810 469.14 1/11/2024 412 - 22 GMC Sier #25H28F Enterprise FM Trust 400-0000-4810 646.98 1/11/2024 134 - 23 Chev Silv #25WNKR Enterprise FM Trust 400-0000-4811 287.24 1/11/2024 134 - 23 Chev Silv #25WNKR Enterprise FM Trust 400-0000-4811 153.57 1/11/2024 140 - 22 Chev Silv #25G5J6 Enterprise FM Trust 400-0000-4811 169.12 1/11/2024 214 - 22 Chev Silv #25G5D2 Enterprise FM Trust 400-0000-4811 292.60 1/11/2024 419 - 23 Chev Silv #25XGMJ Enterprise FM Trust 400-0000-4811 184.53 1/11/2024 001 - 22 Ford Esca #26M3MH Enterprise FM Trust 701-0000-4811 85.67 1/11/2024 305 - 22 Chev Silv #25G5QR Enterprise FM Trust 400-0000-4810 642.90 1/11/2024 403 - 23 Chev Silv #25XGMK Enterprise FM Trust 400-0000-4811 171.90 1/11/2024 411 - 22 Chev Silv #25G8CL AP - Check Detail (1/14/2024)Page 11 of 41 75 Last Name Acct 1 Amount Check Date Description Enterprise FM Trust 400-0000-4810 509.79 1/11/2024 405 - 22 Chev Silv #25G5QQ Enterprise FM Trust 400-0000-4810 646.98 1/11/2024 132 - 23 Chev Silv #25WNCN Enterprise FM Trust 400-0000-4811 132.11 1/11/2024 412 - 22 GMC Sier #25H28F Enterprise FM Trust 700-0000-2317 172.80 1/11/2024 307 - 23 Chev Equinox #262P8K Enterprise FM Trust 701-0000-4811 85.41 1/11/2024 307 - 23 Chev Equinox #262P8K Enterprise FM Trust 400-0000-4810 377.08 1/11/2024 606 - 22 Ford Rang #25G23Z Enterprise FM Trust 400-0000-4810 555.65 1/11/2024 140 - 22 Chev Silv #25G5J6 Enterprise FM Trust 400-0000-4811 291.91 1/11/2024 416 - 23 Chev Silv #25XGMC Enterprise FM Trust 400-0000-4811 182.81 1/11/2024 408 - 22 Chev Silv #25G89X Enterprise FM Trust 400-0000-4811 164.43 1/11/2024 605 - 22 Ford Rang #25G25M Enterprise FM Trust 400-0000-4810 564.88 1/11/2024 202 - 23 Chev Tahoe #25WDVJ Enterprise FM Trust 701-0000-2317 172.80 1/11/2024 307 - 23 Chev Equinox #262P8K Enterprise FM Trust 400-0000-4810 460.03 1/11/2024 502 - 23 Chev Blazer #25XQVB Enterprise FM Trust 400-0000-4810 604.62 1/11/2024 505 - 23 Chev Silv #26RP8Z Enterprise FM Trust 400-0000-4811 366.86 1/11/2024 505 - 23 Chev Silv #26RP8Z Enterprise FM Trust 400-0000-4810 568.92 1/11/2024 203 - 23 Chev Silv #26RPC3 Enterprise FM Trust 400-0000-4810 642.98 1/11/2024 419 - 23 Chev Silv #25XGMJ Enterprise FM Trust 400-0000-4811 314.15 1/11/2024 402 - 23 Chev Silv #25XGMF Enterprise FM Trust 700-0000-4811 85.41 1/11/2024 307 - 23 Chev Equinox #262P8K Enterprise FM Trust 400-0000-4810 659.82 1/11/2024 201 - 22 GMC Yuko #25MPSN Enterprise FM Trust 400-0000-4811 287.26 1/11/2024 132 - 23 Chev Silv #25WNCN Enterprise FM Trust 400-0000-4810 417.35 1/11/2024 605 - 22 Ford Rang #25G25M Enterprise FM Trust 400-0000-4810 611.57 1/11/2024 401 - 23 Chev Silv #26RPBZ Enterprise FM Trust 400-0000-4810 641.45 1/11/2024 416 - 23 Chev Silv #25XGMC Enterprise FM Trust 400-0000-4811 291.78 1/11/2024 420 - 23 Chev Silv #25XGMS Enterprise FM Trust 400-0000-4811 373.98 1/11/2024 203 - 23 Chev Silv #26RPC3 Enterprise FM Trust 400-0000-4811 364.84 1/11/2024 401 - 23 Chev Silv #26RPBZ Enterprise FM Trust 400-0000-4811 292.57 1/11/2024 403 - 23 Chev Silv #25XGMK Enterprise FM Trust 700-0000-4811 85.67 1/11/2024 305 - 22 Chev Silv #25G5QR Enterprise FM Trust 701-0000-2317 279.61 1/11/2024 305 - 22 Chev Silv #25G5QR 20,870.40 1/11/2024 Enterprise FM Trust 20,870.40 Epic Event Rental 101-1220-4144 618.89 11/16/2023 Open House 2023 table and chair rental 618.89 11/16/2023 Epic Event Rental 618.89 AP - Check Detail (1/14/2024)Page 12 of 41 76 Last Name Acct 1 Amount Check Date Description Epic Sports 101-1806-4130 122.42 11/16/2023 Basketballs & bags Epic Sports 101-1807-4130 122.42 11/16/2023 Basketballs & bags 244.84 11/16/2023 Epic Sports 244.84 Expedia 101-1420-4381 427.12 11/16/2023 Rachel lodging for APA conference 427.12 11/16/2023 Expedia 427.12 Facebook 101-1530-4375 8.21 11/16/2023 Facebook Advertising for Barnyard Boogie 8.21 11/16/2023 Facebook 8.21 FASTENAL COMPANY 101-1320-4120 7.26 1/4/2024 washers 7.26 1/4/2024 FASTENAL COMPANY 7.26 FedEx Office 101-1125-4300 90.15 11/16/2023 Signs for skate park survey FedEx Office 700-0000-4150 67.22 11/16/2023 BM Postage for Filter Box Samples FedEx Office 101-1120-4330 11.30 11/16/2023 conduit debt paperwork FedEx Office 701-0000-4330 74.10 11/16/2023 BK Shipping for Sanitary Sample to Pace 242.77 11/16/2023 FedEx Office 242.77 Ferguson Waterworks #2518 700-0000-4260 285.47 1/4/2024 water valve key Ferguson Waterworks #2518 700-0000-4550 101.46 1/4/2024 water supplies Ferguson Waterworks #2518 101-1320-4157 1,080.00 1/4/2024 cold mix for patching AP - Check Detail (1/14/2024)Page 13 of 41 77 Last Name Acct 1 Amount Check Date Description 1,466.93 1/4/2024 Ferguson Waterworks #2518 700-0000-4550 474.32 1/11/2024 water supplies Ferguson Waterworks #2518 700-0000-4550 60.74 1/11/2024 water supplies Ferguson Waterworks #2518 701-0000-4551 308.93 1/11/2024 Lift station #27 parts 843.99 1/11/2024 Ferguson Waterworks #2518 2,310.92 Fester Brent 700-7204-4901 50.00 1/11/2024 Water Wise Program- Toilet Rebate 50.00 1/11/2024 Fester Brent 50.00 Fire By Trade 101-1220-4142 264.61 11/16/2023 Apartment Bundle Straps 264.61 11/16/2023 Fire By Trade 264.61 First Student 202-0000-4300 618.23 11/16/2023 Bus Rental for 9 30 23 Cemetery Walk event 618.23 11/16/2023 First Student 618.23 Flaticon Premium 101-1125-4229 99.00 11/16/2023 Annual Subscription of Icon Photos 99.00 11/16/2023 Flaticon Premium 99.00 FleetPride, Inc.101-1320-4140 -87.00 1/11/2024 battery core return FleetPride, Inc.101-1320-4120 699.95 1/11/2024 batterys AP - Check Detail (1/14/2024)Page 14 of 41 78 Last Name Acct 1 Amount Check Date Description 612.95 1/11/2024 FleetPride, Inc. 612.95 Frankie's Downtown 101-1520-4381 18.53 11/16/2023 NRPA National Conference (Dallas) 18.53 11/16/2023 Frankie's Downtown 18.53 G & M Tree Moving Inc 101-1550-4300 1,200.00 1/4/2024 Memorial tree planting Riley Ridge Park 1,200.00 1/4/2024 G & M Tree Moving Inc 1,200.00 Gertens 101-1550-4260 779.80 11/16/2023 AB Pole Saw 779.80 11/16/2023 Gertens 779.80 Graham Darla 700-7204-4901 50.00 1/11/2024 Water Wise Program- Toilet Rebate 50.00 1/11/2024 Graham Darla 50.00 Grainger 700-0000-4550 20.92 11/16/2023 JJ Fuse Monitoring Wells Water 20.92 11/16/2023 Grainger 20.92 GRANICUS INC 101-0000-2036 48.83 1/10/2024 Interest Payment for Invoice 173363 AP - Check Detail (1/14/2024)Page 15 of 41 79 Last Name Acct 1 Amount Check Date Description 48.83 1/10/2024 GRANICUS INC 48.83 GRAYBAR 101-1350-4120 400.68 1/4/2024 Replacement light bulbs for ice rinks and pickleball (restock) GRAYBAR 101-1350-4565 1,348.76 1/4/2024 new LED streetlight 1,749.44 1/4/2024 GRAYBAR 1,749.44 Guard Guys, LLC 101-1120-4352 53.85 1/11/2024 53.85 1/11/2024 Guard Guys, LLC 53.85 Hach Company 700-7019-4160 452.00 11/16/2023 JC Recycling Program Chemkey Hach Company 700-7019-4150 212.00 11/16/2023 JC Battery Replacement SL1000 664.00 11/16/2023 Hach Company 664.00 HAWKINS CHEMICAL 700-7043-4160 60.00 1/4/2024 1 ton chlorine cylinder 60.00 1/4/2024 HAWKINS CHEMICAL 60.00 Helmick Jennifer & Mike 720-7025-4706 204.11 1/11/2024 Tree Replacement 22-05 Pond Project 204.11 1/11/2024 Helmick Jennifer & Mike 204.11 AP - Check Detail (1/14/2024)Page 16 of 41 80 Last Name Acct 1 Amount Check Date Description Heritage Shade Tree Consultants, Inc 720-7202-4300 2,968.75 1/4/2024 forestry consulting-September 2023 Heritage Shade Tree Consultants, Inc 720-7202-4300 3,015.63 1/4/2024 Forestry consulting-October 2023 Heritage Shade Tree Consultants, Inc 720-7201-4300 2,968.75 1/4/2024 forestry consulting-September 2023 Heritage Shade Tree Consultants, Inc 720-7201-4300 3,015.62 1/4/2024 Forestry consulting-October 2023 11,968.75 1/4/2024 Heritage Shade Tree Consultants, Inc 720-7202-4300 2,562.50 1/11/2024 Forestry consulting-December 2023 Heritage Shade Tree Consultants, Inc 720-7201-4300 2,562.50 1/11/2024 Forestry consulting-December 2023 Heritage Shade Tree Consultants, Inc 720-7201-4300 2,546.88 1/11/2024 Forestry consulting-November 2023 Heritage Shade Tree Consultants, Inc 720-7202-4300 2,546.87 1/11/2024 Forestry consulting-November 2023 10,218.75 1/11/2024 Heritage Shade Tree Consultants, Inc 22,187.50 Hero 101-1520-4381 21.32 11/16/2023 Lunch - NRPA National Conference (Dallas) 21.32 11/16/2023 Hero 21.32 Home Depot 101-1550-4150 105.44 11/16/2023 GB Posts Restock Home Depot 101-1220-4375 52.61 11/16/2023 Remnant Smoke Gray Home Depot 700-0000-4550 363.29 11/16/2023 JG Sub Pump for Well 13 Meter Vault Home Depot 700-0000-4550 404.90 11/16/2023 JG Supplies for Sub Pump at Well 13 Home Depot 101-1550-4260 267.34 11/16/2023 GB Water Pump Batteries Hose (new) Home Depot 720-7207-4150 19.16 11/16/2023 JG Corex Drain Pipe Home Depot 101-1550-4260 373.64 11/16/2023 GB Water Pump Batteries Hose (new) Home Depot 700-7043-4120 562.65 11/16/2023 MW Hackzall Kneeling Pad Microfibers Cloths Handle Scrub Brus 2,149.03 11/16/2023 Home Depot 2,149.03 Homerun Leadership LLC 101-1120-4370 200.00 11/16/2023 Homerun Leadership Training Session 200.00 11/16/2023 AP - Check Detail (1/14/2024)Page 17 of 41 81 Last Name Acct 1 Amount Check Date Description Homerun Leadership LLC 200.00 INDEPENDENT SCHOOL DIST 112 101-1530-4322 1,019.22 1/11/2024 Nov-Dec Water/Sewer INDEPENDENT SCHOOL DIST 112 101-1530-4320 3,859.72 1/11/2024 Nov-Dec 2023 Electricity INDEPENDENT SCHOOL DIST 112 101-1530-4321 2,114.60 1/11/2024 Nov-Dec 2023 Gas 6,993.54 1/11/2024 INDEPENDENT SCHOOL DIST 112 6,993.54 Indigo Signs 400-4135-4704 1,280.00 1/4/2024 Fire Vehicle Graphics Indigo Signs 400-4135-4704 180.00 1/4/2024 Fire Vehicle graphics 1,460.00 1/4/2024 Indigo Signs 1,460.00 Industrial Air Power 700-7019-4150 136.34 11/16/2023 JC EWTP Oil Quin Cip 136.34 11/16/2023 Industrial Air Power 136.34 Infosend, Inc 701-1130-4111 279.09 1/4/2024 October Utility Statements Infosend, Inc 700-1130-4330 890.92 1/4/2024 October Utility Postage Infosend, Inc 720-1130-4330 890.91 1/4/2024 October Utility Postage Infosend, Inc 701-1130-4330 890.92 1/4/2024 October Utility Postage Infosend, Inc 720-1130-4111 279.09 1/4/2024 October Utility Statements Infosend, Inc 700-1130-4111 279.09 1/4/2024 October Utility Statements 3,510.02 1/4/2024 Infosend, Inc 3,510.02 Ingersoll-Rand Industrial U.S. Inc 700-7043-4510 577.43 1/11/2024 switch for compressor 577.43 1/11/2024 AP - Check Detail (1/14/2024)Page 18 of 41 82 Last Name Acct 1 Amount Check Date Description Ingersoll-Rand Industrial U.S. Inc 577.43 Innovative Office Solutions LLC 101-1120-4110 95.16 1/4/2024 Paper letter opener post-its pencils binder clips 95.16 1/4/2024 Innovative Office Solutions LLC 95.16 International Bronze Plaque Co Inc 101-1550-4300 270.00 11/16/2023 AB Plaque 270.00 11/16/2023 International Bronze Plaque Co Inc 270.00 IUOE Local #49 701-0000-2004 111.25 1/10/2024 Dues January 2024 IUOE Local #49 101-0000-2004 456.52 1/10/2024 Dues January 2024 IUOE Local #49 700-0000-2004 167.23 1/10/2024 Dues January 2024 735.00 1/10/2024 IUOE Local #49 735.00 Jamf Software, LLC 101-1160-4205 140.00 11/16/2023 monthly MDM for ipads 140.00 11/16/2023 Jamf Software, LLC 140.00 K2 Electrical Services Inc 101-1550-4300 877.00 1/4/2024 Rec Center hockey light repairs 877.00 1/4/2024 K2 Electrical Services Inc 877.00 KENDALLVILLE FARMS 101-1615-4345 1,300.00 1/4/2024 2023 Tree Lighting Ceremony reindeer AP - Check Detail (1/14/2024)Page 19 of 41 83 Last Name Acct 1 Amount Check Date Description 1,300.00 1/4/2024 KENDALLVILLE FARMS 1,300.00 KIMLEY HORN AND ASSOCIATES INC 400-0000-1155 405.00 1/4/2024 Avienda Dev. KIMLEY HORN AND ASSOCIATES INC 400-0000-1155 1,113.75 1/4/2024 Erhart Farm KIMLEY HORN AND ASSOCIATES INC 400-0000-1155 1,175.00 1/4/2024 Avienda Townhomes KIMLEY HORN AND ASSOCIATES INC 210-0000-4300 70.00 1/4/2024 Metronet Support Services 2,763.75 1/4/2024 KIMLEY HORN AND ASSOCIATES INC 601-6061-4300 1,707.92 1/11/2024 #24-09 Pedestrian Improvement Project KIMLEY HORN AND ASSOCIATES INC 720-6060-4300 6,494.31 1/11/2024 Chan 2024 Reconst Feas KIMLEY HORN AND ASSOCIATES INC 701-6060-4300 2,361.57 1/11/2024 Chan 2024 Reconst Feas KIMLEY HORN AND ASSOCIATES INC 601-6060-4300 17,416.57 1/11/2024 Chan 2024 Reconst Feas KIMLEY HORN AND ASSOCIATES INC 700-6060-4300 3,247.16 1/11/2024 Chan 2024 Reconst Feas 31,227.53 1/11/2024 KIMLEY HORN AND ASSOCIATES INC 33,991.28 Kyoto Sushi 101-1120-4381 24.36 11/16/2023 Lunch for Homerun Leadership Training 24.36 11/16/2023 Kyoto Sushi 24.36 Lyft 101-1520-4381 9.75 11/16/2023 NRPA National Conference (Dallas) Lyft 101-1520-4381 45.60 11/16/2023 NRPA National Conference (Dallas) Lyft 101-1520-4381 8.29 11/16/2023 NRPA National Conference (Dallas) Lyft 101-1520-4381 8.66 11/16/2023 NRPA National Conference (Dallas) Lyft 101-1520-4381 8.29 11/16/2023 NRPA National Conference (Dallas) 80.59 11/16/2023 Lyft 80.59 Mansfield Oil Company 101-1370-4170 10,778.68 1/11/2024 fuel AP - Check Detail (1/14/2024)Page 20 of 41 84 Last Name Acct 1 Amount Check Date Description Mansfield Oil Company 101-1370-4170 3,426.21 1/11/2024 fuel Mansfield Oil Company 101-1370-4170 7,989.39 1/11/2024 fuel 22,194.28 1/11/2024 Mansfield Oil Company 22,194.28 Marco Inc 101-1170-4410 757.50 1/11/2024 Copier lease Marco Inc 720-0000-4410 50.50 1/11/2024 Copier lease Marco Inc 701-0000-4410 101.00 1/11/2024 Copier lease Marco Inc 700-0000-4410 101.00 1/11/2024 Copier lease 1,010.00 1/11/2024 Marco Inc 1,010.00 Maus Kerry 101-1539-4343 345.00 1/11/2024 Line Dance Instruction 4234.105 345.00 1/11/2024 Maus Kerry 345.00 Menards 101-1220-4510 102.97 11/16/2023 Storage Totes for Kitchen Project Menards 101-1220-4510 124.75 11/16/2023 Poly & Clamps - Kitchen Project 227.72 11/16/2023 Menards 227.72 Merlins Ace Hardware 101-1530-4130 15.42 11/16/2023 Replacement front desk keys and rings 15.42 11/16/2023 Merlins Ace Hardware 15.42 METRO CHIEF FIRE OFFICERS ASSN 101-1220-4360 100.00 1/10/2024 Membership-Andrew Heger AP - Check Detail (1/14/2024)Page 21 of 41 85 Last Name Acct 1 Amount Check Date Description 100.00 1/10/2024 METRO CHIEF FIRE OFFICERS ASSN 100.00 Metro Cities 101-1110-4360 8,456.00 1/11/2024 Metro Cities Dues 8,456.00 1/11/2024 Metro Cities 8,456.00 Metronet Holdings, LLC 700-7043-4310 56.75 1/11/2024 Telephone & Communication Charges 56.75 1/11/2024 Metronet Holdings, LLC 56.75 Metropolitan Area Management Association 101-1120-4360 45.00 1/11/2024 Membership 45.00 1/11/2024 Metropolitan Area Management Association 45.00 Metropolitan Council, Env Svcs 101-1250-3816 -49.70 1/11/2024 December SAC Metropolitan Council, Env Svcs 701-0000-2023 4,970.00 1/11/2024 December SAC 4,920.30 1/11/2024 Metropolitan Council, Env Svcs 4,920.30 MINGER CONSTRUCTION 420-1310-4710 171,626.24 1/11/2024 2023 Trail Imp Project 171,626.24 1/11/2024 MINGER CONSTRUCTION 171,626.24 Minneapolis Oxygen Company 101-1370-4150 35.27 1/4/2024 oxygen AP - Check Detail (1/14/2024)Page 22 of 41 86 Last Name Acct 1 Amount Check Date Description 35.27 1/4/2024 Minneapolis Oxygen Company 35.27 Minnesota Occupational Health 700-0000-4300 43.50 11/16/2023 BM MnDOT Physical Minnesota Occupational Health 701-0000-4300 43.50 11/16/2023 BM MnDOT Physical 87.00 11/16/2023 Minnesota Occupational Health 87.00 Minnesota Pump Works 701-7025-4751 30,834.27 1/11/2024 CIP new LS pump for #24 30,834.27 1/11/2024 Minnesota Pump Works 30,834.27 Minnesota Rural Water Association 700-0000-4360 75.00 11/16/2023 MW Memberships 75.00 11/16/2023 Minnesota Rural Water Association 75.00 Miriam Cocina Latina 101-1520-4381 37.04 11/16/2023 Dinner - NRPA National Conference (Dallas) 37.04 11/16/2023 Miriam Cocina Latina 37.04 MN Association of Government Communicators 101-1125-4370 375.00 11/16/2023 MAGC Fall Conference Training 375.00 11/16/2023 MN Association of Government Communicators 375.00 MN DEPT OF LABOR AND INDUSTRY 101-1250-3818 -38.88 1/11/2024 December Surcharge AP - Check Detail (1/14/2024)Page 23 of 41 87 Last Name Acct 1 Amount Check Date Description MN DEPT OF LABOR AND INDUSTRY 101-0000-2022 1,944.23 1/11/2024 December Surcharge 1,905.35 1/11/2024 MN DEPT OF LABOR AND INDUSTRY 1,905.35 MN Dept of Natural Resources 410-4410-4300 1,200.00 11/16/2023 Lake Ann Preserve DNR Permit Fee 1,200.00 11/16/2023 MN DEPT OF NATURAL RESOURCES 700-0000-4509 29,991.65 1/10/2024 DNR Water Use Invoice 29,991.65 1/10/2024 MN DEPT OF NATURAL RESOURCES 31,191.65 MN DEPT OF TRANSPORTATION 101-1420-4370 40.00 1/10/2024 40.00 1/10/2024 MN DEPT OF TRANSPORTATION 101-1350-4566 66.40 1/11/2024 Traffic Signals 66.40 1/11/2024 MN DEPT OF TRANSPORTATION 106.40 MN Fall Maintenance Expo 101-1320-4370 300.00 11/16/2023 AA Maintenance Expo 300.00 11/16/2023 MN Fall Maintenance Expo 300.00 MN NCPERS LIFE INSURANCE 101-0000-2037 128.00 1/10/2024 Life Insurance-January 2024 128.00 1/10/2024 MN NCPERS LIFE INSURANCE 128.00 AP - Check Detail (1/14/2024)Page 24 of 41 88 Last Name Acct 1 Amount Check Date Description MN Recreation and Park Association 101-1520-4370 275.00 11/16/2023 MRPA State Conf 275.00 11/16/2023 MN Recreation and Park Association 275.00 MN STATE FIRE CHIEFS ASSOC.101-1220-4360 340.00 1/4/2024 2024 Dues 340.00 1/4/2024 MN STATE FIRE CHIEFS ASSOC. 340.00 MN VALLEY ELECTRIC COOP 101-1600-4320 47.78 1/4/2024 Electric Charges MN VALLEY ELECTRIC COOP 700-0000-4320 172.59 1/4/2024 Electric Charges MN VALLEY ELECTRIC COOP 101-1350-4320 5,664.39 1/4/2024 Electric Charges MN VALLEY ELECTRIC COOP 101-1350-4320 148.29 1/4/2024 Electric Charges MN VALLEY ELECTRIC COOP 701-0000-4320 603.09 1/4/2024 Electric Charges MN VALLEY ELECTRIC COOP 101-1350-4320 50.00 1/4/2024 Electric Charges 6,686.14 1/4/2024 MN VALLEY ELECTRIC COOP 101-1350-4320 45.50 1/11/2024 Electric Charges MN VALLEY ELECTRIC COOP 101-1350-4320 104.91 1/11/2024 Electric Charges MN VALLEY ELECTRIC COOP 101-1350-4320 42.10 1/11/2024 Electric Charges MN VALLEY ELECTRIC COOP 101-1350-4320 273.10 1/11/2024 Electric Charges 465.61 1/11/2024 MN VALLEY ELECTRIC COOP 7,151.75 Moe's American Restaurant 101-1123-4381 45.74 11/16/2023 Lunch with Laurie and Joe from MVEC 45.74 11/16/2023 Moe's American Restaurant 45.74 MyBinding.com 101-1320-4340 104.30 11/16/2023 AA Snow Plow Routes Map Books AP - Check Detail (1/14/2024)Page 25 of 41 89 Last Name Acct 1 Amount Check Date Description 104.30 11/16/2023 MyBinding.com 104.30 MyPlumbingTraining.com 101-1250-4370 150.00 11/16/2023 CEUs 150.00 11/16/2023 MyPlumbingTraining.com 150.00 NAPA AUTO & TRUCK PARTS 700-0000-4120 142.74 1/4/2024 Fluid Filter NAPA AUTO & TRUCK PARTS 101-1320-4120 67.06 1/4/2024 Fluid Filter 209.80 1/4/2024 NAPA AUTO & TRUCK PARTS 209.80 National Mahjongg League 101-1560-4130 300.00 11/16/2023 Mah Jongg league cards for classes 300.00 11/16/2023 National Mahjongg League 300.00 Nelson Brian 720-7202-4130 93.99 1/11/2024 tree rebate for 2 trees 93.99 1/11/2024 Nelson Brian 93.99 Nokomis Energy, LLC 700-7043-4320 2,315.23 1/4/2024 Electric Charges Nokomis Energy, LLC 700-0000-4320 34.99 1/4/2024 Electric Charges Nokomis Energy, LLC 701-0000-4320 34.99 1/4/2024 Electric Charges Nokomis Energy, LLC 101-1312-4320 279.89 1/4/2024 Electric Charges 2,665.10 1/4/2024 AP - Check Detail (1/14/2024)Page 26 of 41 90 Last Name Acct 1 Amount Check Date Description Nokomis Energy, LLC 2,665.10 Northern Tool+Equipment 700-7043-4120 90.27 11/16/2023 MW Ironton PU Recoil Caliper Hook Blow Gun Coupler Set 90.27 11/16/2023 Northern Tool+Equipment 90.27 NORTHWESTERN POWER EQUIP CO 700-7025-4530 13,139.75 1/11/2024 PRV Maintenance - Monk Ct Reflections Rd - CIP W-072 13,139.75 1/11/2024 NORTHWESTERN POWER EQUIP CO 13,139.75 Nuss Truck & Equipment 101-1320-4140 801.44 1/11/2024 Sensor & Installation Kit 801.44 1/11/2024 Nuss Truck & Equipment 801.44 Office Max/Office Depot 101-1120-4110 30.04 11/16/2023 Mousepad w Wrist Rest & Wrist Pad Office Max/Office Depot 101-1120-4110 15.16 11/16/2023 Mousepad w Wrist Rest Office Max/Office Depot 700-0000-4310 6.43 11/16/2023 JJ Cable Office Max/Office Depot 701-0000-4310 6.43 11/16/2023 JJ Cable Office Max/Office Depot 720-7207-4150 19.32 11/16/2023 JG iPad Charger Office Max/Office Depot 101-1320-4310 23.94 11/16/2023 RL USB Cables 101.32 11/16/2023 Office Max/Office Depot 101.32 Old Chicago 700-0000-4381 21.94 11/16/2023 BM AWWA Training Dinner Old Chicago 701-0000-4381 21.93 11/16/2023 BM AWWA Training Dinner 43.87 11/16/2023 AP - Check Detail (1/14/2024)Page 27 of 41 91 Last Name Acct 1 Amount Check Date Description Old Chicago 43.87 Old Republic Surety Group 101-1220-4300 825.00 1/4/2024 Relief Assoc Treasurer Bond 825.00 1/4/2024 Old Republic Surety Group 825.00 O'Reilly Automotive Inc 700-0000-4120 25.35 1/4/2024 Plug 25.35 1/4/2024 O'Reilly Automotive Inc 25.35 Ott Travis 101-1539-4343 600.60 1/4/2024 TKD Fall Winter Ott Travis 101-1538-4343 864.84 1/4/2024 TKD Fall Winter 1,465.44 1/4/2024 Ott Travis 1,465.44 Panera Bread 101-1123-4372 232.30 11/16/2023 Breakfast SW Metro Chamber of Commerce Meeting Panera Bread 101-1110-4372 206.96 11/16/2023 10 9 23 City Council Dinner Sandwiches Panera Bread 101-1120-4381 15.88 11/16/2023 mistake reimbursed by personal check #570703 455.14 11/16/2023 Panera Bread 455.14 Party City 101-1220-4144 32.21 11/16/2023 Red Plastic Tablecloth 32.21 11/16/2023 Party City 32.21 PD Blowers 700-7019-4150 313.38 11/16/2023 JC Food Grade Blower Oil Food Grade Grease AP - Check Detail (1/14/2024)Page 28 of 41 92 Last Name Acct 1 Amount Check Date Description 313.38 11/16/2023 PD Blowers 313.38 Pederson Taylor 101-1537-4343 183.00 1/4/2024 Fall/Winter TKD Pederson Taylor 101-1538-4343 2,015.16 1/4/2024 Fall/Winter TKD 2,198.16 1/4/2024 Pederson Taylor 2,198.16 PILGRIM DRY CLEANERS 101-1220-4300 412.59 1/11/2024 December laundry service 412.59 1/11/2024 PILGRIM DRY CLEANERS 412.59 Pinnacle Pest Control 101-1312-4300 250.00 1/11/2024 pest control services Pinnacle Pest Control 101-1170-4300 200.00 1/11/2024 pest control services Pinnacle Pest Control 700-7043-4300 125.00 1/11/2024 pest control services Pinnacle Pest Control 700-7019-4300 125.00 1/11/2024 pest control services Pinnacle Pest Control 101-1220-4300 200.00 1/11/2024 pest control services Pinnacle Pest Control 101-1190-4300 225.00 1/11/2024 pest control services 1,125.00 1/11/2024 Pinnacle Pest Control 1,125.00 Postmaster 701-0000-4330 6.83 11/16/2023 AA Return for LS13 Postmaster 101-1120-4110 5.40 11/16/2023 Postage Cert Shirt Nameplate Youth Commissioner Jerdee Postmaster 700-0000-4330 43.65 11/16/2023 JC Postage for MDH Postmaster 701-0000-4330 6.83 11/16/2023 AA Return for LS13 62.71 11/16/2023 Postmaster 62.71 AP - Check Detail (1/14/2024)Page 29 of 41 93 Last Name Acct 1 Amount Check Date Description Potentia MN Solar 101-1170-4320 1,963.89 1/11/2024 Electric Charges Potentia MN Solar 700-0000-4320 1,355.99 1/11/2024 Electric Charges Potentia MN Solar 101-1190-4320 2,562.53 1/11/2024 Electric Charges 5,882.41 1/11/2024 Potentia MN Solar 5,882.41 Pro-Tec Design, Inc.700-7043-4510 229.50 1/11/2024 Security System Repair - WWTP Pro-Tec Design, Inc.700-7043-4510 607.02 1/11/2024 Surveillance Camera Repair 836.52 1/11/2024 Pro-Tec Design, Inc. 836.52 Quality Flow Systems Inc 701-0000-4551 4,685.00 1/4/2024 repair to LS#15 guide system 4,685.00 1/4/2024 Quality Flow Systems Inc 4,685.00 REACH FOR RESOURCES 101-1600-4348 11,149.36 1/11/2024 Adaptive Recreation Contract 2024 11,149.36 1/11/2024 REACH FOR RESOURCES 11,149.36 Red River Cafe 101-1120-4381 14.29 11/16/2023 Hokkanen lunch at ICMA conference 14.29 11/16/2023 Red River Cafe 14.29 Reds Savoy Pizza 101-1110-4372 253.95 11/16/2023 09 25 23 Council Dinner Pasta 253.95 11/16/2023 AP - Check Detail (1/14/2024)Page 30 of 41 94 Last Name Acct 1 Amount Check Date Description Reds Savoy Pizza 253.95 Rinker Materials 720-7207-4150 2,851.20 1/11/2024 storm water repair Lake Ann Park 2,851.20 1/11/2024 Rinker Materials 2,851.20 Robert Half International, Inc.101-1120-4300 223.16 1/4/2024 Front Desk Coverage - Cain-Rivord Debra 12/22/2023 223.16 1/4/2024 Robert Half International, Inc. 223.16 Rochon Corporation 402-4003-4751 98,671.84 1/4/2024 Chanhassen Fire Station #1 98,671.84 1/4/2024 Rochon Corporation 98,671.84 Rugged Solutions America, LLC 701-0000-4150 69.91 1/4/2024 Supplies for headset while operating vactor 69.91 1/4/2024 Rugged Solutions America, LLC 69.91 Sarles Jodi 101-0000-1028 300.00 1/3/2024 Showcase petty cash 300.00 1/3/2024 Sarles Jodi 300.00 Schwickert Company 101-1190-4510 3,410.00 1/4/2024 repair damaged terminal box on Trane condenser Schwickert Company 101-1170-4510 2,436.00 1/4/2024 fall maintenance heating units 5,846.00 1/4/2024 AP - Check Detail (1/14/2024)Page 31 of 41 95 Last Name Acct 1 Amount Check Date Description Schwickert Company 5,846.00 SESAC 101-1530-4125 1,159.00 1/11/2024 Music Licensing 1,159.00 1/11/2024 SESAC 1,159.00 Shorewood True Value 700-7019-4120 311.82 11/16/2023 JC Elec PWR Wash 311.82 11/16/2023 Shorewood True Value 311.82 Slate & Stone 101-1560-4342 250.00 11/16/2023 Deposit for lunch at ASI Dec 15 Turnblad Mansion tour trip 250.00 11/16/2023 Slate & Stone 250.00 SNAP-ON INDUSTRIAL 101-1370-4260 855.85 1/11/2024 scan tool update 855.85 1/11/2024 SNAP-ON INDUSTRIAL 855.85 SOFTWARE HOUSE INTERNATIONAL 101-1160-4133 671.62 1/4/2024 SQL Server Std 2022 - Bldg Tablet - Field Module SOFTWARE HOUSE INTERNATIONAL 101-1160-4212 671.62 1/4/2024 SQL Server Std 2022 - Laserfiche DB 1,343.24 1/4/2024 SOFTWARE HOUSE INTERNATIONAL 101-1160-4207 3,267.32 1/11/2024 ShareFile Annual Renewal 3,267.32 1/11/2024 SOFTWARE HOUSE INTERNATIONAL 4,610.56 AP - Check Detail (1/14/2024)Page 32 of 41 96 Last Name Acct 1 Amount Check Date Description South Pier Inn 701-0000-4381 534.78 11/16/2023 BK AWWA Water Conference South Pier Inn 700-0000-4381 534.78 11/16/2023 BK AWWA Water Conference 1,069.56 11/16/2023 South Pier Inn 1,069.56 SOUTHWEST LOCK & KEY 101-1220-4510 159.00 1/11/2024 lock cylinder install washer closet door 159.00 1/11/2024 SOUTHWEST LOCK & KEY 159.00 Southwest Metro Chamber of Commerce 101-1110-4381 80.00 11/16/2023 CC Members for Mayors Lunch SW Metro Chamber Southwest Metro Chamber of Commerce 101-1120-4381 40.00 11/16/2023 Laurie at Mayors Lunch SW Metro Chamber 120.00 11/16/2023 Southwest Metro Chamber of Commerce 120.00 Southwest Rental & Sales 101-1550-4410 341.23 1/4/2024 Dingo skid steer rental for Sugarbush playground construction. 341.23 1/4/2024 Southwest Rental & Sales 341.23 Stampli 101-1130-4300 1,393.50 11/16/2023 Stampli APAutomation Monthly Service Fee 1,393.50 11/16/2023 Stampli 1,393.50 Stratoguard, LLC 101-1160-4205 230.56 11/16/2023 ProofPoint Email filter Service Oct 230.56 11/16/2023 AP - Check Detail (1/14/2024)Page 33 of 41 97 Last Name Acct 1 Amount Check Date Description Stratoguard, LLC 230.56 SUBURBAN CHEVROLET 101-1550-4140 137.29 1/4/2024 Service Work 137.29 1/4/2024 SUBURBAN CHEVROLET 137.29 SUMMIT FIRE PROTECTION 700-7019-4510 257.50 1/4/2024 fire alarm system annual inspection SUMMIT FIRE PROTECTION 101-1550-4510 257.50 1/4/2024 fire alarm system annual inspection SUMMIT FIRE PROTECTION 700-7043-4510 403.00 1/4/2024 pre-action system annual inspection SUMMIT FIRE PROTECTION 101-1190-4510 367.50 1/4/2024 fire alarm system annual inspection SUMMIT FIRE PROTECTION 101-1220-4510 477.50 1/4/2024 fire alarm system annual inspection SUMMIT FIRE PROTECTION 700-7043-4510 336.00 1/4/2024 fire alarm system annual inspection SUMMIT FIRE PROTECTION 101-1170-4510 654.75 1/4/2024 fire alarm system annual inspection SUMMIT FIRE PROTECTION 700-7019-4510 667.50 1/4/2024 sprinkler system annual inspection SUMMIT FIRE PROTECTION 700-7043-4510 839.00 1/4/2024 sprinkler system annual inspection SUMMIT FIRE PROTECTION 101-1220-4510 352.50 1/4/2024 sprinkler system annual inspection SUMMIT FIRE PROTECTION 101-1190-4510 352.50 1/4/2024 sprinkler system annual inspection SUMMIT FIRE PROTECTION 101-1312-4510 477.50 1/4/2024 fire alarm system annual inspection 5,442.75 1/4/2024 SUMMIT FIRE PROTECTION 5,442.75 Sun Life Financial 720-0000-2011 19.34 1/11/2024 Life Insurance-January 2024 Sun Life Financial 700-0000-2015 95.83 1/11/2024 LTD January 2024 Sun Life Financial 101-0000-2011 701.06 1/11/2024 Life Insurance-January 2024 Sun Life Financial 101-0000-2011 110.00 1/11/2024 Life Insurance-January 2024 Sun Life Financial 700-0000-2011 48.46 1/11/2024 Life Insurance-January 2024 Sun Life Financial 701-0000-2037 108.28 1/11/2024 Life Insurance-January 2024 Sun Life Financial 701-0000-2011 31.21 1/11/2024 Life Insurance-January 2024 Sun Life Financial 101-0000-2015 1,298.52 1/11/2024 LTD January 2024 Sun Life Financial 700-0000-2037 108.28 1/11/2024 Life Insurance-January 2024 Sun Life Financial 701-0000-2015 61.74 1/11/2024 LTD January 2024 Sun Life Financial 720-0000-2015 38.26 1/11/2024 LTD January 2024 Sun Life Financial 101-0000-2037 1,072.94 1/11/2024 Life Insurance-January 2024 3,693.92 1/11/2024 AP - Check Detail (1/14/2024)Page 34 of 41 98 Last Name Acct 1 Amount Check Date Description Sun Life Financial 3,693.92 Survey Supply Inc 700-0000-4150 216.32 11/16/2023 BM Krylon Quik Mark Inverted Marking Paint Survey Supply Inc 701-0000-4150 216.33 11/16/2023 BM Krylon Quik Mark Inverted Marking Paint 432.65 11/16/2023 Survey Supply Inc 432.65 Target 101-1120-4110 26.05 11/16/2023 Bottled Water Trail Mix Fountain Conference Room Target 101-1806-4130 -57.95 11/16/2023 flag football belts returned Target 101-1220-4290 27.07 11/16/2023 Brightroom Command Hook Target 101-1220-4290 16.63 11/16/2023 GE Tap DNutter Target 101-1220-4290 36.51 11/16/2023 Brightroom Room Essential Nutter Target 101-1220-4290 14.08 11/16/2023 USB storage sticks for fire prevention activities 62.39 11/16/2023 Target 62.39 Taylor Electric Company, LLC 101-1350-4565 1,580.00 1/4/2024 street light repairs 1,580.00 1/4/2024 Taylor Electric Company, LLC 1,580.00 Tennant Company 700-0000-4120 35.11 11/16/2023 CS Tennant Bushing 35.11 11/16/2023 Tennant Company 35.11 The Suites Hotel at Waterfront Plaza 700-0000-4381 878.40 11/16/2023 JC Greg Fasching AWWA Lodging The Suites Hotel at Waterfront Plaza 700-0000-4381 1,061.40 11/16/2023 JC Matt Dodge AWWA Lodging The Suites Hotel at Waterfront Plaza 701-0000-4381 439.20 11/16/2023 AA Brett Martinson AWWA Hotel The Suites Hotel at Waterfront Plaza 700-0000-4381 439.20 11/16/2023 AA Brett Martinson AWWA Hotel AP - Check Detail (1/14/2024)Page 35 of 41 99 Last Name Acct 1 Amount Check Date Description 2,818.20 11/16/2023 The Suites Hotel at Waterfront Plaza 2,818.20 Tiger Supplies 700-7019-4150 251.59 11/16/2023 JC Telescoping Main Valve Key 251.59 11/16/2023 Tiger Supplies 251.59 TRAFFIC CONTROL CORPORATION 601-0000-4705 700.00 1/11/2024 turning on new signal cabinet 78th @ Great plains 700.00 1/11/2024 TRAFFIC CONTROL CORPORATION 700.00 Triethart DeeAnn 101-1120-4360 20.00 1/10/2024 Notary Signature Registration 20.00 1/10/2024 Triethart DeeAnn 20.00 U of M Contlearning 101-1550-4370 50.00 11/16/2023 GB Tree Inspector Recert 50.00 11/16/2023 U of M Contlearning 50.00 Unmacht Matt 101-1120-4370 5,000.00 1/10/2024 Tuition Reimbursement 5,000.00 1/10/2024 Unmacht Matt 5,000.00 USA Inflatable 101-1220-4144 572.65 11/16/2023 Jump House Rental AP - Check Detail (1/14/2024)Page 36 of 41 100 Last Name Acct 1 Amount Check Date Description 572.65 11/16/2023 USA Inflatable 572.65 USABlueBook 701-0000-4260 59.12 11/16/2023 JC Locator Tool USABlueBook 700-0000-4260 59.13 11/16/2023 JC Locator Tool 118.25 11/16/2023 USABlueBook 118.25 Utility Logic LLC 701-0000-4150 104.40 1/4/2024 sewer locating supplies 104.40 1/4/2024 Utility Logic LLC 104.40 Velvet Taco 101-1120-4381 47.28 11/16/2023 Hokkanen and Unmacht Lunch at ICMA conference 47.28 11/16/2023 Velvet Taco 47.28 VERIZON WIRELESS 700-0000-4310 870.56 1/4/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1370-4310 89.51 1/4/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1320-4310 296.65 1/4/2024 Telephone & Communication Charges VERIZON WIRELESS 701-0000-4310 572.27 1/4/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1600-4310 382.98 1/4/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1170-4310 46.23 1/4/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1125-4310 41.23 1/4/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1160-4310 138.69 1/4/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1520-4310 52.00 1/4/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1530-4310 41.23 1/4/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1550-4310 614.01 1/4/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1312-4310 146.12 1/4/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1110-4310 40.01 1/4/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1420-4310 123.68 1/4/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1220-4310 714.95 1/4/2024 Telephone & Communication Charges AP - Check Detail (1/14/2024)Page 37 of 41 101 Last Name Acct 1 Amount Check Date Description VERIZON WIRELESS 101-1250-4310 397.68 1/4/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1540-4310 74.67 1/4/2024 Telephone & Communication Charges VERIZON WIRELESS 701-0000-4310 125.10 1/4/2024 342004716-00002 Telephone Charges VERIZON WIRELESS 101-1310-4310 178.70 1/4/2024 Telephone & Communication Charges VERIZON WIRELESS 700-0000-4310 125.10 1/4/2024 342004716-00002 Telephone Charges VERIZON WIRELESS 720-0000-4310 432.42 1/4/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1120-4310 157.48 1/4/2024 Telephone & Communication Charges 5,661.27 1/4/2024 VERIZON WIRELESS 5,661.27 Von Hanson's Meats 101-1220-4144 75.00 11/16/2023 Open House Supplies 2023 75.00 11/16/2023 Von Hanson's Meats 75.00 Voskuil Jason 700-7204-4901 50.00 1/11/2024 Water Wise Program- Toilet Rebate 50.00 1/11/2024 Voskuil Jason 50.00 Waste Management of Minnesota, Inc 701-0000-4405 616.19 1/4/2024 FOG waste from lift stations Waste Management of Minnesota, Inc 101-1550-4300 885.93 1/4/2024 Lake Ann Park shop clean 1,502.12 1/4/2024 Waste Management of Minnesota, Inc 1,502.12 Wesco 701-0000-4551 186.19 11/16/2023 JJ 1EFED E100 Wesco 701-0000-4551 175.75 11/16/2023 JJ 1EFED E100 Wesco 701-0000-4551 146.76 11/16/2023 JJ 1EFED E100 Wesco 701-0000-4551 -186.19 11/16/2023 JJ Lift Station 13 Part Credit 322.51 11/16/2023 AP - Check Detail (1/14/2024)Page 38 of 41 102 Last Name Acct 1 Amount Check Date Description Wesco 322.51 Westin Hotels & Resorts 101-1520-4381 1,157.56 11/16/2023 NRPA National Conference (Dallas) 1,157.56 11/16/2023 Westin Hotels & Resorts 1,157.56 Wifi On Board 101-1120-4381 15.00 11/16/2023 WIFI on flight to ICMA conference to work on packet items 15.00 11/16/2023 Wifi On Board 15.00 Wild West Hackin' Fest 101-1160-4370 150.00 11/16/2023 WWHF security conference Matt K 150.00 11/16/2023 Wild West Hackin' Fest 150.00 WM MUELLER & SONS INC 720-7207-4150 56.00 1/4/2024 Spoils from project 56.00 1/4/2024 WM MUELLER & SONS INC 700-0000-4150 358.31 1/11/2024 Materials for water repairs 358.31 1/11/2024 WM MUELLER & SONS INC 414.31 WSB & ASSOCIATES INC 720-0000-4300 3,030.50 1/4/2024 Water Resources Support 3,030.50 1/4/2024 WSB & ASSOCIATES INC 3,030.50 XCEL ENERGY INC 101-1540-4320 438.97 1/4/2024 Electric Charges AP - Check Detail (1/14/2024)Page 39 of 41 103 Last Name Acct 1 Amount Check Date Description XCEL ENERGY INC 700-0000-4320 141.79 1/4/2024 Electric Charges XCEL ENERGY INC 101-1350-4320 89.49 1/4/2024 Electric Charges XCEL ENERGY INC 700-0000-4320 162.33 1/4/2024 Electric Charges XCEL ENERGY INC 101-1120-1193 109.88 1/4/2024 Electric Charges XCEL ENERGY INC 101-1190-4320 101.94 1/4/2024 Electric Charges XCEL ENERGY INC 101-1550-4320 -37.02 1/4/2024 Electric Charges XCEL ENERGY INC 101-1312-4320 1,298.62 1/4/2024 Electric Charges XCEL ENERGY INC 101-1600-4320 96.62 1/4/2024 Electric Charges XCEL ENERGY INC 700-7019-4320 4,066.85 1/4/2024 Electric Charges XCEL ENERGY INC 101-1170-4320 -213.04 1/4/2024 Electric Charges XCEL ENERGY INC 701-0000-4320 162.32 1/4/2024 Electric Charges XCEL ENERGY INC 101-1600-4320 27.23 1/4/2024 Electric Charges XCEL ENERGY INC 101-1350-4320 194.40 1/4/2024 Electric Charges XCEL ENERGY INC 701-0000-4320 1,506.14 1/4/2024 Electric Charges XCEL ENERGY INC 101-1600-4320 60.15 1/4/2024 Electric Charges XCEL ENERGY INC 101-1350-4320 27.23 1/4/2024 Electric Charges XCEL ENERGY INC 101-1350-4320 24,421.52 1/4/2024 Electric Charges XCEL ENERGY INC 101-1350-4320 47.26 1/4/2024 Electric Charges XCEL ENERGY INC 101-1350-4320 27.35 1/4/2024 Electric Charges XCEL ENERGY INC 700-0000-4320 151.52 1/4/2024 Electric Charges XCEL ENERGY INC 101-1350-4320 35.96 1/4/2024 Electric Charges XCEL ENERGY INC 101-1220-4320 1,068.87 1/4/2024 Electric Charges 33,986.38 1/4/2024 XCEL ENERGY INC 101-1600-4320 230.17 1/10/2024 Electric Charges 230.17 1/10/2024 XCEL ENERGY INC 34,216.55 ZAHL-PETROLEUM MAINTENANCE CO 720-7207-4570 2,035.25 1/4/2024 Clean up from car crash fuel in storm system 2,035.25 1/4/2024 ZAHL-PETROLEUM MAINTENANCE CO 2,035.25 Zoom 101-1160-4207 85.90 11/16/2023 monthly zoom charges 85.90 11/16/2023 AP - Check Detail (1/14/2024)Page 40 of 41 104 Last Name Acct 1 Amount Check Date Description Zoom 85.90 693,757.31 AP - Check Detail (1/14/2024)Page 41 of 41 105 City Council Item January 22, 2024 Item Approve Professional Services Agreement with SEH, Lake Ann Park Preserve File No.Item No: D.6 Agenda Section CONSENT AGENDA Prepared By Jerry Ruegemer, Park and Recreation Director Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council approves a professional services agreement with SEH for the Lake Ann Park Preserve project in the amount of $114,900." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY BACKGROUND City Council has identified and approved the funding for all phases of the Lake Ann Park Preserve project. The previous professional service contract with HKGi addressed the project development through 60% design with the following: Geotechnical borings Survey and background mapping Landscape architecture, park planning & design Engineer design Permitting Project coordination Public engagement 106 DISCUSSION The professional services contract with SEH will advance and finalize the recent 60% plans completed by HKGi and SEH. The tasks below are required to advance the project from its current state through and including awarding the construction contract. SEH SCOPE Final Design Boardwalk Provide final plans and specifications to construct three boardwalk sections, including structural details for overlook/bump-outs on Boardwalk A and potentially Boardwalk B, if feasible. Provide new sheets, including: Title Sheet, Statement of Estimated Quantities, and Access Plan. Produce final plans and specifications. Update Engineer’s Estimate. Trail design Finalize preliminary 60% plans based on comments provided by the City. Provide new plan sheets, including: SWPPP, General Notes, Statement of Estimated Quantities, Alignment Plans, and Standard Plans/Details. Produce final plans and specifications. Update Engineer’s Estimate Stormwater BMPs Soil borings were completed for the preliminary design. However, the final design of the stormwater BMPs will require three additional borings near the existing parking lot. SEH will subcontract with American Engineering Testing (AET) to complete these borings. The borings were completed the week of December 18, 2023. Analyze soil borings and design BMPs per watershed requirements to treat runoff from the parking lot. Create Construction Plans, Grading Plans, and Detail sheets for the BMPs. Parking Lot Complete a final design based on the preliminary concept created by HKGi. Create Construction Plans and Grading Plan sheets for the parking lot. Permitting Under this contract, we will finalize the acquisition of necessary permits, including: Riley- Purgatory Bluff Creek Watershed District, NPDES, and Metropolitan Council permits as needed. Permitting will cover both boardwalk and trail projects. Project coordination Coordination shall include bi-weekly design meetings between the City, SEH, and HKGi, as well as coordination with regulatory agencies including Riley Creek Watershed District, the DNR and Army Corps of Engineers, internal team coordination within SEH as well as coordination with subs (AET and HKGi) and general project management such as project scheduling and invoicing. Bidding support Two separate bidding packages will be provided: 107 The first will include all boardwalk construction and shall be bid first. The second will include the trails, BMPs, and parking lot improvements. For both bid packages, SEH will prepare all final bidding documents (including prevailing wages for the boardwalk), advertise on QuestCDN, answer bidder questions, issue any addendums (as necessary), compile bids, prepare bid tabulations, and make recommendations for each contract award. HKGI SCOPE Final Design Boardwalk Provide boardwalk railing design and details. Provide boardwalk bump-out design and details. Trail Design Review design. Stormwater BMPs Assist with shapes and locations of stormwater features. Determine plantings within and around stormwater features. Development of associated landscape sheets and details for incorporation into the final planset. Parking Lot Providing a design to manage vehicular access around the parking lot through design elements, such as: fencing, gates, vegetation, possible walls, and grading. Identifying locations to hold for future park signage. Development of associated landscape sheets and details for incorporation into the final planset. Project Coordination Attend bi-weekly meetings with the city, led by SEH. Bidding Support Assist with answering questions during bidding for both, separate bidding packages. FEE The proposed work program includes final design, permit acquisition, preparation of plans and specifications, and bidding assistance. Construction support/administration is not included as part of this contract and that will be addressed with Bid Package #2. The total proposed fee, including expenses, of $114,900 is broken into the following categories. SEH Subconsultants Total Final Design $49,100 $29,700 $78,800 Permitting $3,300 $0 $3,300 Project Coordination $15,000 $2,600 $17,600 Bidding Support $13,400 $1,800 $15,200 TOTAL $80,800 $34,100 $114,900 108 BUDGET RECOMMENDATION Staff recommends that the City Council approve a Professional Services Agreement with SEH for the Final Design of the Lake Ann Park Preserve Project in the amount of $114,900. ATTACHMENTS PROFESSIONAL SERVICES AGREEMENT - SEH 109 227170v1 1 PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this _______ day of ___________________, 2024, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"),and SHORT ELLIOTT HENDRICKSON INC., a Minnesota corporation ("SEH"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1.CONTRACT DOCUMENTS.The Contract consists of this Professional Services Agreement together with the attached exhibits for the final design of the Lake Ann Park Preserve Improvements. 2.SCOPE OF SERVICES.The City retains SEH to provide the professional services described in the Scope of Services attached hereto as Exhibit A. 3.COMPENSATION.SEHshall be paid by the City a lump sum fee in the amountof $114,900 in accordance with Exhibit B of this agreement, together with expenses not covered under the lump sum fee amount as further provided in Exhibit B of this Agreement.Payment will be made in accordance with Exhibit B within 35 days of the City’s receipt of the properly itemized invoices for work. 4.COMPLETION DATE.SEH must complete the service specified in the Contract Documents on or before _______________. 5.CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the City. No payment will be due or made for work done in advance of such approval. 6.DOCUMENTS.To the extent Consultant owns the relevant intellectual property and has been paid for its services, the City shall be the owner of all documents, reports, studies, analysis and the like delivered by SEH expressly required bythis contract. 7.COMPLIANCE WITH LAWS AND REGULATIONS.In providing services hereunder, SEH shall abide by all statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. 8.STANDARD OF CARE.SEH shall exercise the same degrees of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional SEH under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. The City shall not be responsible for discovering deficiencies in the accuracy of SEH’s services. 9.INDEMNIFICATION.SEH shall indemnify and hold harmless the City, its officers, agents, and employees of and from any and all claims, demands, actions, and causes of action, including 110 227170v1 2 costs and attorney's fees, to the extent caused by the Consultant’s negligence. The Consultant disclaims any duty to defend the City. 10.INSURANCE.SEH, at its expense, shall procure and maintain in force for the duration of this Agreement the following minimum insurance coverages: A.General Liability.SEH agrees to maintain commercial general liability insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, products completed operations, personal injury, advertising injury, and contractually assumed liability. The City shall be endorsed as additional insured. B. Automobile Liability.If SEH operates a motor vehicle in performing the Services under this Agreement, SEH shall maintain commercial automobile liability insurance, including owned, hired, and non-owned automobiles, with a minimum liability limit of $1,000,000 combined single limit. C. Workers’ Compensation.SEH agrees to provide workers’ compensation insurance for all its employees in accordance with the statutory requirements of the State of Minnesota. SEH shall also carry employer's liability coverage with minimum limits as follows: $500,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident D.Professional (Errors and Omissions) Insurance. SEH will maintain professional liability insurance for all claims SEH may become legally obligated to pay resulting from any negligent act, negligent error, or negligent omission related to SEH’s professional services required under this Agreement. SEH is required to carry the following minimum limits: $1,000,000 per occurrence and $2,000,000 annual aggregate. The retroactive or prior acts date of such coverage shall not be after the effective date of this Agreement, and SEH shall maintain such insurance for a period of at least three (3) years following completion of the Services. If such insurance is discontinued, extended reporting period coverage must be obtained by SEH to fulfill this requirement. SEH shall, prior to commencing the Services, deliver to the City a Certificate of Insurance as evidence that the above coverages are in full force and effect. The insurance requirements may be met through any combination of primary and umbrella/excess insurance. SEH’s policies shall be the primary insurance to any other valid and collectible insurance available to the City with respect to any claim arising out of SEH’s performance under this Agreement. 111 227170v1 3 SEH’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. 11.INDEPENDENT CONTRACTOR.The City hereby retains SEH as an independent contractor upon the terms and conditions set forth in this Agreement.SEHis not an employee of the City and is free to contract with other entities as provided herein.SEHshall be responsible for selecting the means and methods of performing the work.SEHshall furnish any and all supplies, equipment, and incidentals necessary for SEH's performance under this Agreement. City and SEH agree that SEH shall not at any time or in any manner represent that SEH or any of SEH's agents or employees are in any manner agents or employees of the City.SEHshall be exclusively responsible under this Agreement for SEH's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self- employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 12.SUBCONTRACTORS.SEH shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. SEH shall comply with Minnesota Statute § 471.425. SEH must pay a subcontractor for all undisputed services provided by the subcontractor within ten (10) days of SEH’s receipt of payment from the City. SEH must pay interest of one and five-tenths (1.5) percent per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of One Hundred and No/100ths Dollars ($100.00) or more is Ten and No/100ths Dollars ($10.00). 13.ASSIGNMENT.Neither party shall assign this Agreement nor any interest arising herein without the written consent of the other party. 14.WAIVER.Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 15.ENTIRE AGREEMENT.The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof,as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties unless otherwise provided herein. 16.CONTROLLING 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. 17.COPYRIGHT.SEH shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings, or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 18.PATENTED DEVICES, MATERIALS AND PROCESES. SEH shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any patented design, 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. 112 227170v1 4 19.AUDIT. Pursuant to Minnesota Statutes, § 16C.05, Subdivision 5, SEH agrees that the City, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the City, and involve transactions relating to this Agreement. SEH agrees to maintain these records for a period of six years from the date of termination of this Agreement. 20.MINNESOTA GOVERNMENT DATA PRACTICES ACT.SEH 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 SEH pursuant to this Agreement. SEH 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 SEH receives a request to release data, SEHmust immediately notify the City.The City will give SEHinstructions concerning the release of the data to the requesting party before the data is released. SEH agrees to defend, indemnify, and hold the City, its officials, officers, agents, employees and volunteers harmless from any claims resulting from SEH’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. 21.NOTICES.All notices, demands,or requests required or permitted to be made pursuant to or under this Agreement must be in writing and deemed valid if sent byregistered mail, return receipt requested, or delivered by overnight delivery service providing written evidence of delivery or by hand delivery by reputable independent courier providing written evidence of delivery, addressed as follows: 113 227170v1 5 Notice to City:Park & Recreation Director PO Box 147 Chanhassen, MN 55317 Notice to SEH: 22.NONDISCRIMINATION. In the hiring of employees to perform work under this Agreement, the SEHshall not discriminate against any person by reason of any characteristic or classification protected by state or federal law. 23.TERMINATION OF THE AGREEMENT.The City may terminate this Agreement or any part thereof at any time, upon written notice to SEH, effective upon delivery, including delivery by facsimile or email. In such event, SEH will be entitled to compensation for work performed up to the date of termination based upon the payment terms of this Agreement. 24.REUSE.All work prepared by the Consultant pursuant to this Agreement is not intended or represented to be suitable for reuse by the City or others on extensions of the project or on any other project. Any reuse of Consultant's work without written consent or adaptation by Consultant for the specific purpose intended will be at the City's sole risk and without liability or legal exposure to Consultant, and the City shall release Consultant from all claims arising from such use. 25. CONSEQUENTIAL DAMAGES.Neither Party shall be liable to the other for consequential damages, including without limitation lost rentals; increased rental expenses; loss of use; loss of income; lost profit, financing, business, or reputation; and loss of management or employee productivity incurred by one another or their subsidiaries or successors, regardless of whether such damages are foreseeable and are caused by breach of contract, willful misconduct, negligent act or omission, or other wrongful act of either of them. 26. DISPUTE RESOLUTION.Any dispute between the City and Consultant arising out of or relating to this Agreement or the work (except for the Consultant's unpaid invoices) shall be submitted to mediation as a precondition to litigation unless the parties mutually agree otherwise. 114 227170v1 6 CITY OF CHANHASSEN BY: _______________________________ Elise Ryan, Mayor AND: ________________________________ Laurie Hokkanen, City Manager SHORT ELLIOTT HENDRICKSON INC BY: _______________________________ Jen Desrude, Project Manager 115 227170v1 7 EXHIBIT A SEH SCOPE Final Design Boardwalk Provide final plans and specifications to construct three boardwalk sections, including structural details for overlook/bumpouts on Boardwalk A and potentially Boardwalk B, if feasible. Provide new sheets including: Title Sheet, Statement of Estimated Quantities, and Access Plan. Produce final plans and specifications. Update Engineer’s Estimate. Trail design Finalize preliminary 60% plans based on comments provided by the City. Provide new plan sheets including: SWPPP, General Notes, Statement of Estimated Quantities, Alignment Plans, and Standard Plans/Details. Produce final plans and specifications. Update Engineer’s Estimate Stormwater BMPs Soil borings were complete for the preliminary design. However, the final design of the stormwater BMPs will require three additional borings near the existing parking lot. SEH will subcontract with American Engineering Testing (AET) to complete these borings. It is anticipated that borings will be completed in mid-December 2023. Analyze soil borings and design BMPs per watershed requirements to treat runoff from parking lot. Create Construction Plans, Grading Plans, and Detail sheets for the BMPs. Parking Lot Complete a final design based on the preliminary concept created by HKGi. Create Construction Plans and Grading Plan sheets for the parking lot. Permitting Under this contract we will finalize the acquisition of necessary permits, including Riley-Purgatory Bluff Creek Watershed District, NPDES, and Metropolitan Council permits as needed. Permitting will cover both boardwalk and trail projects. Project coordination Coordination shall include bi-weekly design meetings between the City, SEH, and HKGi, coordination with regulatory agencies including Riley Creek Watershed District, the DNR and Army Corps, internal team coordination within SEH as well as coordination with subs (AET and HKGi) and general project management such as project scheduling and invoicing. Bidding support Two separate bidding packages will be provided: o The first will include all boardwalk construction and shall be bid first. o The second will include the trails, BMPs, and parking lot improvements. For both bid packages, SEH will prepare all final bidding documents (including prevailing wages for theboardwalk),advertiseonQuestCDN, answer bidder questions,issueanyaddendums(as necessary), compile bids, prepare a bid tabulations, and make recommendations for each contract award. 116 227170v1 8 EXHIBIT B Payments to Consultant for Services and Expenses Using the Lump Sum Basis Option The Agreement for Professional Services is amended and supplemented to include the following agreement of the parties: Lump Sum Basis Option The Client and Consultant select the Lump Sum Basis for Payment for services provided by Consultant. During the course of providing its services, Consultant shall be paid monthly based on Consultant’s estimate of the percentage of the work completed. Necessary expenses and equipment are provided as a part of Consultant’s services and are included in the initial Lump Sum amount for the agreed upon Scope of Work. Total payments to Consultant for work covered by the Lump Sum Agreement shall not exceed the Lump Sum amount without written authorization from the Client. The Lump Sum amount includes compensation for Consultant’s services and the services of Consultant’s Consultants, if any for the agreed upon Scope of Work. Appropriate amounts have been incorporated in the initial Lump Sum to account for labor, overhead, profit, expenses and equipment charges. The Client agrees to pay for other additional services, equipment, and expenses that may become necessary by amendment to complete Consultant’s services at their normal charge out rates as published by Consultant or as available commercially. Expenses Not Included in the Lump Sum The following items involve expenditures made by Consultant employees or professional consultants on behalf of the Client and shall be paid for as described in this Agreement. Expense of overtime work requiring higher than regular rates, if authorized in advance by the Client. Other special expenses required in connection with the Project. The cost of special consultants or technical services as required. The cost of subconsultant services shall include actual expenditure plus 10% markup for the cost of administration and insurance. The Client shall pay Consultant monthly for expenses not included in the Lump Sum amount. 117 City Council Item January 22, 2024 Item Approve Memorandum of Understanding with Carver County for the Cardboard Recycling Site at Public Works File No.Item No: D.7 Agenda Section CONSENT AGENDA Prepared By Jamie Marsh, Environmental Resource Specialist Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council approves a Memorandum of Understanding with Carver County to extend the contract that will keep the cardboard recycling site at Public Works for an additional year." Motion Type Simple Majority Vote of members present Strategic Priority Operational Excellence SUMMARY A Memorandum of Understanding (MOU) was signed in 2022 by the City of Chanhassen and Carver County, which allowed Carver County to place roll-off containers at the Public Works Facility. The MOU presented an option to renew the contract if both parties agree. The contract lays out the expectations from the parties involved in the agreement where the City of Chanhassen will continue to offer the space for the cardboard recycling containers, and Carver County Public Services division will continue to manage all other maintenance activities, including periodic inspections and coordinating the hauling away of the material. BACKGROUND Two roll-off containers were placed at the Public Works Facility and were used exclusively for cardboard recycling. This site was available to residents during business hours Monday-Friday from 8 118 am to 4:30 pm, excluding holidays. Carver County was responsible for coordinating and paying for the hauling away of material. The county also provided staff to inspect the containers periodically and provided adequate signage for the cardboard recycling area. The only expectation from the city was to provide the space for the containers at no cost. DISCUSSION The agreement will allow the cardboard drop-off site to remain in place for an additional year giving residents a supplementary resource to dispose of their cardboard responsibly. BUDGET There is no cost to the city, Carver County is responsible for paying for these services. RECOMMENDATION Staff recommends that the Chanhassen City Council approve the Memorandum of Understanding with Carver County to extend the contract that will keep the cardboard recycling site at Public Works for an additional year. ATTACHMENTS Chanhassen Memorandum of Understanding 2024 119 Page 1 Cardboard Drop Site Memorandum of Understanding This agreement made and entered into by and between the County of Carver, State of Minnesota, hereinafter referred to as the “County,” 600 East Fourth Street, Chaska, MN 55318, on behalf of the Carver County Public Services Division, and The City of Chanhassen, State of Minnesota, hereinafter referred to as the “City,” 7700 Market Boulevard, Chanhassen, MN 55317. The County and City agree as follows: 1. The City agrees to allow the County to place up to two (2) roll-off containers exclusively for cardboard recycling on City-owned property, commonly known as the former MCES Dump Site, located southeast of the Chanhassen Public Works Facility (“Property”). 2. There shall be no payment for services. There is no cost to the County for using the Property for cardboard collection. 3. This agreement shall be in effect from the date of execution by all parties or from the commencement of services here under, whichever is first, and shall continue in effect until December 31, 2024. Upon expiration, this agreement may be renewed for additional terms or extensions provided there is mutual interest from both parties in doing so. 4. The County shall be responsible for arranging, scheduling, and paying for the containers, hauling, and processing of cardboard collected at the Property. The County will have the exclusive right to any material processing proceeds that might be generated from the collection of cardboard on the site. The County is responsible for removing all items or products of any kind disposed of in the Containers or in the areas immediately adjacent to the Containers. 5. The County shall provide staff to periodically inspect the containers and the area immediately adjacent to the containers on an as-needed basis or as recommended by the City of Chanhassen and shall keep the containers and area immediately adjacent to the containers in a clean and orderly condition in compliance with City Code. 6. The County shall provide adequate signage that includes County contact information, along with material collection limitations, hours of operation, etc. The City and the County agree that it is their intention hereby to create only the relationships of licensor and licensee, and no provision hereof, or act of either party hereunder, shall ever be construed as creating the relationship of lessor and lessee, principal, and agent, or a partnership, joint venture or enterprise between the parties hereto. 7. Neither party shall assign, subcontract, transfer, or pledge this Memorandum of Understanding and/or the services to be performed hereunder without the prior written consent of the other party. 120 Page 2 8. Each party shall be liable for its own acts to the extent provided by law and hereby agrees to indemnify, hold harmless, and defend the other, its officers, and employees against and all liability, loss, costs, damages, expenses, claims or actions, including attorney’s fees which the other, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants or employees, in the execution or performance or failure to adequately perform its obligations pursuant to this agreement. In addition, the County hereby agrees to indemnify and hold harmless City and the City’s officers, agents, and employees from and against any and all claims, demands, causes of action, suits, proceedings, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, caused by, incurred, or resulting from the County’s occupancy, use or operation located on Property pursuant to this Agreement, or the use by its officers, agents, employees, guests or invitees. It is understood and agreed each party’s liability shall be limited by the provisions of Minn.Stat.Chap.466 and/or other applicable laws. 9. The County shall, at its sole cost and expense, comply with any and all laws, statutes, ordinances, or regulations in connection with its use of the Property. 10. Either party may terminate the use of the Property as provided in this Memorandum of Understanding at any time by providing 60-days notice to the other party. Upon termination, the County shall remove the containers and return the area of the Property used by the County for the drop-off to its original condition. The proper City official(s) having signed this Agreement, and the Carver County Division Director having signed this Agreement with the delegation authority approved by the County Board of Commissioners, the parties hereto agree to be bound by the provisions herein and attached. CITY OF CHANHASSEN COUNTY OF CARVER BY:BY: Elise Ryan, Mayor Division Director AND: Laurie Hokannen, City Manager DATE: DATE: 121 City Council Item January 22, 2024 Item Adopt 2024 Legislative Priorities File No.Item No: D.8 Agenda Section CONSENT AGENDA Prepared By Laurie Hokkanen, City Manager Reviewed By SUGGESTED ACTION "The Chanhassen City Council adopts the 2024 Legislative Priorities." Motion Type Simple Majority Vote of members present Strategic Priority Communications SUMMARY Each year the City Council adopts Legislative Priorities. This provides the framework as staff works toward the implementation of Council-established priorities. The city is represented on legislative matters by Lockridge, Grindal, and Nauen. In addition, the city participates in a number of advocacy efforts in partnership with others, such as the League of Minnesota Cities, Municipal Legislative Commission, Metro Cities, and others. Generally, these organizations promote policies that strengthen the community and are consistent with the Council’s priorities. BACKGROUND In 2023, the city received strong support and enjoyed excellent communication with our legislators. The City Council thanked Senator Julia Coleman and Representative Lucy Rehm for their partnership and advocacy at meetings in August and September 2023. Key accomplishments included securing the ability to hold a referendum on a local options sales tax in November 2024 and funding for West 82nd 122 Street and Highway 5. Key priorities for 2024 include continued advocacy for funding of Highway 5 with emphasis on the intersection of Highways 5 and 41, as well as a request for State Bonding dollars to assist with the construction of the Chanhassen Bluffs Sports Complex. The Senate Capital Investment Committee visited Chanhassen to learn more about this project on January 16. See the city's social media for photos from the visit. DISCUSSION BUDGET RECOMMENDATION Staff recommends the Chanhassen City Council adopt the 2024 Legislative Priorities. ATTACHMENTS 2024 Legislative Priorities 123 1. 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 will expand the corridor to four lanes. The city supports the implementation of the Arboretum Area Transportation Plan, specifically improvements at the Highway 5 and Highway 41 intersection. W 82nd Street: Support the amendment to include construction as an eligible reimbursement expense. b. Funding for Metropolitan State Aid should be maintained to ensure local communities can address issues on these high-volume roads. 2. State Bonding Request Provide up to $22 million to support the construction of a regional recreational asset to serve the growing southwest metro population. 3. 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. 4. 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. 5. 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. CITY OF CHANHASSEN2024 Legislative Priorities 124 6. 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. 7. 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. 8. 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. 9. 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. Legislative Priorities for Other Agencies SouthWest Transit Metro Cities 2022 Legislative Policies League of MN Cities Legislative Policies Municipal Legislative Commission 125 City Council Item January 22, 2024 Item Approve Encroachment Agreement With the Metropolitan Council for the Lake Ann Park Preserve Boardwalk Project File No.Item No: D.9 Agenda Section CONSENT AGENDA Prepared By Jerry Ruegemer, Park and Recreation Director Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council approves the Encroachment Agreement with the Metropolitan Council for the construction of Boardwalk "A" for the Lake Ann Park Preserve Project." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY BACKGROUND The Metropolitan Waste Control Commission (an Agency of the Metropolitan Council) first formulated an Easement Agreement with Prince Rogers Nelson on May 5, 1989, for a perpetual easement for sewer and utility purposes and temporary construction access for the construction of the sewer interceptor. On February 22, 1990, the Easement Agreement was modified to correct the legal description of the easement. With the City of Chanhassen taking ownership of the Lake Ann Park Preserve in 2019 and with the construction of Boardwalk "A" being located within the previously identified Easement Agreement area, an updated Encroachment Agreement is necessary. The boardwalk helical piers have been designed to keep any loading off the Interceptor, which will ensure the installation does not impact the 126 Metropolitan Council's facilities. Any damage to the Regional Interceptor will be repaired at no cost to the Metropolitan Council. The proposed trail is close to an existing service manhole so it has been designed not to interfere or impact the maintenance functionality. The Metropolitan Council drafted the attached Encroachment Agreement, which our City Attorney's office has reviewed. Upon city approval and execution, the Encroachment Agreement will be sent to the Metropolitan Council so permitting can be completed. DISCUSSION BUDGET RECOMMENDATION Staff recommends that the City Council approve the Encroachment Agreement with the Metropolitan Council for the construction of Boardwalk "A" for the Lake Ann Park Preserve Project. ATTACHMENTS Metropolitan Council Encroachment Agreement January 2024 May 8, 1989 Met Council-Prince Easement February 22, 1990 Met Council - Prince Easement Modification Agreement Met Council Lake Ann Intercepter 127 v2021.Oct -1 - ENCROACHMENT AGREEMENT ON METROPOLITAN COUNCIL PROPERTY PROPERTY LOCATION Encroachment Number 2023-0012 City of Chanhassen, Carver County RECITALS A.The Metropolitan Council, a public corporation and political subdivision of theState of Minnesota (“Council”), the address of which is 390 North RobertStreet, St. Paul, Minnesota 55101, is the easement owner of property in CarverCounty, identified as Easement Documents record as Document NumberT61007, recorded May 19, 1989, and in Modification of Easement DocumentNumber T64335, recorded March 2, 1990 (“Council Property” or “Property”). B.City of Chanhassen, a Minnesota Municipal Corporation (“Requestor”) seeksto encroach in this easement by installing a boardwalk over the Easement Area(the “Work”). C. The Requestor’s Work and the non-exclusive right of ingress and egress on andacross Council property shall be located within an area legally described onExhibit B-1 (“Encroachment”) and depicted on a sketch as Exhibit B-2. TERMS AND CONDITIONS In consideration of good and valuable consideration, Council agrees to the Encroachment on Council Property (Easement Document Numbers T61007 and Modification Document Number T64335), subject to the terms and conditions stated in this Agreement. 1.The Requestor shall have the right to use the Encroachment for theconstruction of a boardwalk across wetland to connect neighborhoods to theLake Ann Park Preserve. The boardwalk will be constructed using helicalpilings. 2.This Encroachment shall only be used as expressly identified in thisAgreement and for no other purpose, and shall not be moved, relocated orexpanded by Requestor without express written amendment of thisAgreement. 3.Before Work may commence in the Encroachment, City of Chanhassen shall: a.Provide a schedule to the Council of work activities.b.Have received final approval of Plans and Specifications by Council.c.Have received all necessary approvals from local jurisdiction(s) in whichthe Encroachment is situated.d.Have provided Council and Council’s Risk Management division allrequired liability insurance demonstrating that City of Chanhassen its 128 v2021.Oct -2 - contractors or any party doing work on behalf of the City of Chanhassen has included the Council as additional insured on the policy. e. Notify Council at least 72 hours in advance of the actual physicalcommencement of any construction, repair or replacement of anyencroaching improvement on Council Property. 4.Nothing in this Agreement shall be deemed an assumption of responsibility bythe Council for any construction, maintenance, replacement or repair of theRequestor’s encroaching improvements. 5.City of Chanhassen will indemnify, save, defend and hold the Council harmlessfrom and against any loss, cost, or expense incurred by the Council, includingany losses resulting from claims or damages to property, personal injuries ordeaths, judgments, court costs and reasonable attorneys’ fees, which arise outof or are claimed to have arisen out of the Encroachment. Notwithstanding theforegoing, the obligations under this paragraph shall not be construed tonegate, abridge or otherwise waive, the City’s liability limits provided underMinn. Stat. ch. 466. 6.City of Chanhassen and its/his/her successors and assigns hereby agree thatconstruction and placement of improvements or infrastructure in theEncroachment is granted at the sole discretion of the Council and Requestorshall adhere to the terms and conditions of this Agreement and approved plansand specifications as attached or referenced Exhibit B-2. 7.Under no circumstances, shall City of Chanhassen commence construction,either for initial construction or any future reconstruction, relocation orrealignment of the improvements until Council has provided to the writtenacceptance of either amendments or modifications to the original improvementor future plans for reconstruction, relocation or realignment of the originalimprovements. 8.City of Chanhassen and its/his/her successors and assigns hereby agree thatCouncil, its employees, agents, contractors and invitees shall have access toCouncil property on this site at all times. 9.City of Chanhassen and its successors and assigns will pay for repair orreplacement of any damage to or destruction of the Council’s Property, whichdamage or destruction arises from or is attributable to the encroachment uponor use of the Council Property described in this Agreement. 10. The Encroachment shall not interfere with the Council’s use of the Property.Should Council find it necessary to remove or disturb the Encroachment,Council shall provide thirty (30) days written notice to City of Chanhassenexcept in an emergency when the Council may enter the Encroachment Areaimmediately and provide Owner notice as soon as practical. In either event, allremoval, replacement, and relocation of said improvements shall be paid for byCity of Chanhassen their successors and assigns. In the event the City ofChanhassen is unable to or unwilling to remove, replace or relocate the 129 v2021.Oct -3 - Encroachment, Council may take all such actions as necessary to remove, replace or relocate the Encroachment and shall be reimbursed for the costs incurred for such action. Council shall have no obligation to provide a substitute Encroachment area for relocation. 11. This Agreement does not give any property rights to Requester and is not agrant/assignment of easement nor a conveyance of property or land. ThisAgreement provides the terms and conditions upon which Grantor willpermit the Encroachment over and across Council’s Property. Prior toencroachment upon the Council’s Easement, Requestor shall acquire thenecessary property rights from the landowner. Grantor is not granting anysuch property rights to Requester in this Agreement. 12. This Agreement shall be binding upon and inure to the benefit of the partieshereto and their successors and assignees. 13. The Requestor shall provide Council with notice when the property is sold. Anynew purchaser shall provide Council with their contact information and theparties shall amend this Agreement to reflect the new owner. 14. Notices under this Agreement shall be provided as below or to another contactas provided in writing to the other party: COUNCIL: Tim Wedin, Assistant Manager Environmental Services 390 North Robert Street St. Paul, MN 55101 651-602-4571Timothy.Wedin@metc.state.mn.us and Real Estate Office Metropolitan Council 390 North Robert Street St. Paul, MN 55101 REQUESTOR: Jerry Ruegemer City of Chanhassen 7700 Market Blvd P.O. Box 147 Chanhassen, MN 55317 952-227-1121jruegemer@chanhassenmn.gov 15. This Encroachment Agreement is terminable by the Council at its solediscretion upon providing Requestor, their successor or assign, no less thansixty (60) days written notice to the Owner in the event this Encroachmentarea is needed exclusively for Council purposes. Nothing in this agreementshall be construed to convey a permanent right or interest in Council’s realproperty. 16. This Agreement shall be recorded with the Carver County Recorder’s Office. 130 v2021.Oct -4 - REQUESTOR - CITY OF CHANHASSEN: Date: ______________________________ STATE OF MINNESOTA ) )ss. COUNTY OF ________________ ) The foregoing instrument was acknowledged before me this _________ day of ______________, 2024, by Elise Ryan, Mayor, and Laurie Hokkanen, City Manager of the City of Chanhassen, a Minnesota Municipal Corporation, on its behalf. ____________________________________ Notary Public By: _______________________________________ Elise Ryan, Mayor And: ______________________________________ Laurie Hokkanen, City Manager 131 v2021.Oct - 5 - METROPOLITAN COUNCIL By: ________________________________ Its: Acting Regional Administrator Date: ______________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ____ day of _______________________, 202_, by Phillip Walljasper, Acting Regional Administrator of the METROPOLITAN COUNCIL, a public corporation and political subdivision of the State of Minnesota, on its behalf. Notary Public Drafted by: Metropolitan Council Real Estate Office 390 North Robert Street St. Paul, MN 55101 132 v2021.Oct - 6 - Exhibit A – Council Easement Property Legal Description as Described in Document Numbers T61007 and T64335 An encroachment area the over, under, and across the 20.00 foot wide easement referred to as LA-20 and is recorded as document 61007 and modified by document 64335 and memorialized on the plat known as THE PARK, all of which are recorded in the office of the Registrar of Titles in Carver County Minnesota, the encroachment area is to be the full width of said easement LA-20 and its bounding lines to be perpendicular to the centerline of said easement LA-20, the centerline of the encroachment being as follows: Commencing at the Point Of Beginning of said easement LA-20; thence North 27 degrees 53 minutes 25 seconds West, following the centerline of said easement LA-20, for 103.41 feet; thence South 89 degrees 57 minutes 38 seconds West, following the centerline of said easement LA-20, for 246.97 feet; thence North 38 degrees 34 minutes 14 seconds West, following the centerline of said easement LA-20, for 385.92 feet to the POINT OF BEGINNING of this encroachment; thence continue thence North 38 degrees 34 minutes 14 seconds West, following the centerline of said easement LA-20, for 25.80 feet; thence North 9 degrees 12 minutes 58 seconds West, following the centerline of said easement LA-20, 26.44 feet and there terminating. 133 v2021.Oct - 7 - Exhibit B-1 –Encroachment Legal Descriptions Encroachment Description: An encroachment area the over, under, and across the 20.00 foot wide easement referred to as LA-20 and is recorded as document 61007 and modified by document 64335 and memorialized on the plat known as THE PARK, all of which are recorded in the office of the Registrar of Titles in Carver County Minnesota, the encroachment area is to be the full width of said easement LA-20 and its bounding lines to be perpendicular to the centerline of said easement LA-20, the centerline of the encroachment being as follows: Commencing at the Point Of Beginning of said easement LA-20; thence North 27 degrees 53 minutes 25 seconds West, following the centerline of said easement LA-20, for 103.41 feet; thence South 89 degrees 57 minutes 38 seconds West, following the centerline of said easement LA-20, for 246.97 feet; thence North 38 degrees 34 minutes 14 seconds West, following the centerline of said easement LA-20, for 385.92 feet to the POINT OF BEGINNING of this encroachment; thence continue thence North 38 degrees 34 minutes 14 seconds West, following the centerline of said easement LA-20, for 25.80 feet; thence North 9 degrees 12 minutes 58 seconds West, following the centerline of said easement LA-20, 26.44 feet and there terminating. 134 v2021.Oct - 8 - Exhibit B-2 –Sketch Depicting Encroachment Areas 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 City Council Item January 22, 2024 Item Approve Application for Exempt Permit from St. Hubert Catholic Church to Conduct Lawful Gambling on February 10, 2024 File No.Item No: D.10 Agenda Section CONSENT AGENDA Prepared By Kim Meuwissen, City Clerk Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council approves an LG220 Application for Exempt Permit from St. Hubert Catholic Church to conduct lawful gambling on February 10, 2024, on their premises located at 8200 Main Street." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND Per Ordinance 716, City Council approval is required for an LG220 Exempt Permit Application to the Minnesota Gambling Control Board from an unlicensed registered non-profit organization seeking to conduct lawful gambling within the city. DISCUSSION BUDGET 150 RECOMMENDATION Staff recommends that the City Council approves the LG220 Application for Exempt Permit from St. Hubert Catholic Church to conduct lawful gambling on February 10, 2024, on their premises located at 8200 Main Street. ATTACHMENTS LG220 Exempt Permit Application to Conduct Lawful Gambling Ordinance 716 151 MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit An exempt permit may be issued to a nonprofit organization that:  conducts lawful gambling on five or fewer days, and  awards less than $50,000 in prizes during a calendar year. If total raffle prize value for the calendar year will be $1,500 or less, contact the Licensing Specialist assigned to your county by calling 651-539-1900. Application Fee (non-refundable) Applications are processed in the order received. If the application is postmarked or received 30 days or more before the event, the application fee is $100; otherwise the fee is $150. Due to the high volume of exempt applications, payment of additional fees prior to 30 days before your event will not expedite service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization Previous Gambling Name: ________________________________________________________ Permit Number: X-__________________________ Minnesota Tax ID Federal Employer ID Number, if any: ______________________________________ Number (FEIN), if any: ________________________________ Mailing Address: __________________________________________________________________________________________ City: ____________________________________ State: _________ Zip: __________ County: ___________________________ Name of Chief Executive Officer (CEO): ________________________________________________________________________ CEO Daytime Phone: _____________________ CEO Email: _____________________________________________________ (permit will be emailed to this email address unless otherwise indicated below) NONPROFIT STATUS Type of Nonprofit Organization (check one): ____ Fraternal ____ Religious ____ Veterans ____ Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) ____ A current calendar year Certificate of Good Standing Don’t have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division 60 Empire Drive, Suite 100 St. Paul, MN 55103 ____ IRS income tax exemption (501(c)) letter in your organization’s name Don’t have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. ____ IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1.IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): _________________________________________________________ Physical Address (do not use P.O. box): ________________________________________________________________________ Check one: ___ City: ______________________________________________ Zip: ___________ County: __________________________ ___ Township: __________________________________________ Zip: ___________ County: __________________________ Date(s) of activity (for raffles, indicate the date of the drawing): ____________________________________________________ Check each type of gambling activity that your organization will conduct: ____ Bingo ____ Paddlewheels ____ Pull-Tabs ____ Tipboards ____ Raffle Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under the List of Licensees tab, or call 651-539-1900. 4/23 Page 1 of 3 Secretary of State website, phone numbers: www.sos.state.mn.us 651-296-2803, or toll free 1-877-551-6767 Email permit to (if other than the CEO): _______________________________________________________________________ 152 LG220 Application for Exempt Permit LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL for a gambling premises located within city limits The application is acknowledged with no waiting period. ____ The application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). ____ The application is denied. Print City Name: ______________________________________ Signature of City Personnel: ___________________________________________________ Title:____________________________ Date:______________ COUNTY APPROVAL for a gambling premises located in a township The application is acknowledged with no waiting period. The application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days. The application is denied. Print County Name: ___________________________________ Signature of County Personnel: ___________________________________________________ Title:____________________________ Date:______________ TOWNSHIP (if required by the county) On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minn. Statutes, section 349.213.) Print Township Name: _________________________________ Signature of Township Officer:___________________________ Title: ___________________________ Date: ______________ CHIEF EXECUTIVE OFFICER’S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 days of the event date. Chief Executive Officer's Signature: ____________________________________________________ Date: ___________________ (Signature must be CEO’s signature; designee may not sign) Print Name: _______________________________________________________________________________________________ REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: all gambling conducted on two or more consecutive days; or all gambling conducted on one day. Only one application is required if one or more raffle drawings are conducted on the same day. Financial report to be completed within 30 days after the gambling activity is done: A financial report form will be mailed with your permit. Complete and return the financial report form to the Gambling Control Board. Your organization must keep all exempt records and reports for 3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). Mail application with: ____ a copy of your proof of nonprofit status; and ____ application fee (non-refundable). If the application is postmarked or received 30 days or more before the event, the application fee is $100; otherwise the fee is $150. Make check payable to State of Minnesota. To: Minnesota Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Questions? Call the Licensing Section of the Gambling Control Board at 651-539-1900. The city or county must sign before submitting application to the Gambling Control Board. 4/23 Page 2 of 3 Data privacy notice: The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization’s qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the information; however, if your organization refuses to supply this information, the Board may not be able to determine your organization’s qualifications and, as a consequence, may refuse to issue a permit. If your organization supplies the information requested, the Board will be able to process the application. Your organization’s name and address will be public information when received by the Board. All other information provided will be private data about your organization until the Board issues the permit. When the Board issues the permit, all information provided will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your organization’s name and address which will remain public. Private data about your organization are available to Board members, Board staff whose work requires access to the information; Minnesota’s Depart- ment of Public Safety; Attorney General; Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your written consent. This form will be made available in alternative format (i.e. large print, braille) upon request. An equal opportunity employer 153 Minnesota Minnesota Gambling Control Board 2023 How You May Spend Gambling Funds How You May Not Spend Gambling Funds Allowable expenses - Gambling funds may be spent for allowable expenses, such as: •gambling equipment (pull-tabs, bingo paper, bingo blower, paddlewheel tickets, tipboard games); •advertising; •printing raffle tickets; or •any services or goods that are directly related to the conduct of your gambling. Charitable contributions - Gambling funds may be spent for the following charitable contributions (lawful purpose): •to or by 501(c)(3) organization and 501(c)(4) festival organizations; •relieving the effects of poverty, homelessness, or disability; •problem gambling programs approved by the Minnesota Department of Human Services; •public or private nonprofit school; •scholarships (if a contribution is made to a scholarship fund, it must be made to a nonprofit organization whose primary mission is to award scholarships); •church; •recognition of military service (open to public) or active military personnel in need; •activities and facilities benefiting youth under age 21; •citizen monitoring of surface water quality, with data submitted to Minnesota PCA; •unit of government (NOTE: A direct contribution to a law enforcement or prosecutorial agency is not allowed); •wildlife management projects or activities that benefit the public-at-large, with DNR approval; •grooming and maintaining snowmobile or all-terrain trails that are grant-in-aid trails, or other trails open to public use, with DNR approval; •supplies and materials for DNR training and educational programs; •nutritional programs, food shelves, and congregate dining programs primarily for persons who are 62 or older or disabled; •community arts organizations or programs; •humanitarian service recognizing volunteerism or philanthropy; and •acquisition and repair of real property and capital assets (contact the Gambling Control Board for requirements). 1.Controlled contribution - An organization may not retain any control over any contribution made from gambling funds. The only exception is for expenditures by a 501(c)(3) organization or a 501(c)(4) festival organization to its general fund. 2.Financial gain - A contribution or expenditure may not be made if it results in any monetary, economic, financial, or material benefit to the organization making the contribution or expenditure. 3.Government - An expenditure may not be made for: •influencing the nomination or election of a candidate for public office; •promoting or defeating a ballot question; or •any activity intended to influence an election or a governmental decision- making process. 4.Law enforcement - A direct contribution may not be made to a law enforcement or prosecutorial agency. 5.Pension - A contribution may not be made to a government pension or retirement fund, such as a fire relief association. 6.Conflict of interest - A contribution or expenditure may not be made if it is not allowed under the conflict of interest provisions of the Minnesota Nonprofit Corpo-ration Act, Minnesota Statutes, Section 317A.255. 7.Alcohol - An expenditure may not be made for the purchase of any intoxicating liquor, wine, or malt beverages. 8.Fundraising - An expenditure may not be made for fundraising costs, except as allowed for a 501(c)(3) organization or 501(c)(4) festival organization from its general fund. 9.Other organizations - With few excep- tions, gambling funds may not be contrib- uted to other organizations or clubs such as veterans, fraternal, Lions, etc. unless it is a 501(c)(3) organization. 10.Other contributions - A contribution may not be made to a 501(c)(3) organization or another entity with the intent or effect of not complying with lawful purpose restrictions or requirements. 4/23 Page 3 of 3 154 MINNESOTA GAMBLING CONTROL BOARD BINGO AND RAFFLE – Checklist for Excluded/Exempt Permits The purpose of this form is to help your organization conduct excluded/exempt gambling in compliance with the requirements listed below. Exempt and Excluded activities cannot be conducted in the same calendar year. The five forms of lawful gambling are bingo, paddlewheels, pull-tabs, raffles and tipboards. Detailed information regarding each requirement is available by clicking on the following links [in blue italics]: 1) applicable statutes and rules; 2) the Lawful Gambling Manual; 3) the online class, “Conduct of Raffles”; and 4) the phone number and email address of your county’s Licensing (license, permits and leases) and Compliance (conduct and reporting) Specialists. Check Box RAFFLES 1. Tickets are printed in accordance with MN Rule 7861.0310. 2. Tickets contain the sequential number of the raffle ticket. Theatre style tickets may be used. (349.173) 3. A list of prizes and a statement of other relevant information is made available to ticket purchasers. (349.173) 4. The organization must pay in full or otherwise become the owner of all prizes prior to the raffle drawing, except for raffles with gross receipts of $60 or less. (7861.0260) 5. A merchandise certificate is used when a prize requiring registration or licensure (guns, cars, ATVs, etc.) is offered. (7861.0260) 6. Prizes must not consist of lawful gambling equipment including raffle tickets for another raffle. (7861.0260) 7. The total value of lawful gambling prizes awarded (use fair market value for donated prizes) does not exceed $50,000 in a calendar year. (349.166) 8. Cash must not be substituted for merchandise prizes that have been won. (7861.0260 Subp. 4C(2)) 9. Alcohol is only awarded as a prize to persons who demonstrate that they are 21 years of age or older. (340A.707) 10. Only cash, personal checks, cashier’s checks, money orders, travelers’ checks, and debit cards may be accepted for the purchase of tickets (NO CREDIT CARDS – NO INTERNET SALES). (349.2127) (7861.0260) 11. The method of winner selection cannot be manipulated or based on the outcome of an event not under the organization’s control. (349.173) 12. Persons are not required to be present at a raffle drawing to be eligible to win. (349.173) (7861.0310) 13. Raffle tickets are not sold to or won by persons under age 18. (349.181) (7861.0310) 14. Purchasers are not required to buy anything other than the ticket. (349.173) (7861.0310) 15. Clear and legible house rules in accordance with MN Rule 7861.0310 are prominently posted at the point of winner selection. 16. An exempt permit financial report (LG220A) must be submitted to the Gambling Control Board within 30 days of the gambling occasion. (349.166) BINGO 1. Clear and legible house rules in accordance with MN Rule 7861.0270 are prominently posted at the point of winner selection. 2. House rules include the policy on declaring bingo and last number called. (7861.0270 Subp. 2A(1)) 3. House rules include the reasons for potentially cancelling bingo occasions. (7861.0270 Subp. 2A(1)) 4. All sales must be on a cash basis and take place at the permitted premises during or immediately prior to the bingo occasion. (NO CREDIT CARDS – NO INTERNET SALES) (7861.0270 Subp. 5B(1)) 5. Bingo paper must not be offered for free or discounted unless the price is reduced with a coupon. (7861.0270 Subp. 5B(7)) 6. Bingo balls must be available for inspection by at least one player before the occasion begins to determine that all are present and in operating condition. (7861.0270 Subp. 3A) 7. No reservation of bingo cards or bingo paper for any person (7861.0270 Subp. 3F) 8. Bingo records (including bingo program) must be kept for 3½ years. (7861.0270 Subp. 11) BINGO AND RAFFLES 1. Gambling records must be kept for 3½ years. (7861.0310) 2. Gambling funds may only be spent for allowable expenses and lawful purposes. (349.12 Subd. 3a) (349.12 Subd. 25) (mn.gov/gcb/faq-exemptexcluded.html) and (mn.gov/gcb/assets/infosheetspendinggamblingfunds.pdf) 7/23 155 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 716 AN ORDINANCE AMENDING THE CITY CODE CONCERNING REGULATION OF LAWFUL GAMBLING THE CITY COUNCIL OF CHANHASSEN, MINNESOTA ORDAINS: SECTION 1. Article 10-V “Gambling” of the Chanhassen City Code is amended in its entirety to read as follows: Sec 10-150 Adoption of State Law by Reference The provisions of Minn. Stat. ch. 349, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, provisions relating to sales, and all other matters pertaining to lawful gambling are hereby adopted by reference and are made a part of this ordinance as if set out in full. It is the intention of the Council that all future amendments of Minn. Stat. ch. 349, are hereby adopted by reference or referenced as if they had been in existence at the time this ordinance was adopted. Sec 10-151 City May be More Restrictive Than State Law The Council is authorized by the provisions of Minn. Stat. § 349.213, as it may be amended from time to time, to impose, and has imposed in this ordinance, additional restrictions on gambling within its limits beyond those contained in Minn. Stat. ch. 349, as it may be amended from time to time. Sec 10-152 Purpose The purpose of this ordinance is to regulate lawful gambling within the City of Chanhassen, to prevent its commercialization, to ensure the integrity of operations, and to provide for the use of net profits only for lawful purposes. Sec 10-153 Definitions In addition to the definitions contained in Minn. Stat. § 349.12, as it may be amended from time to time, the following terms are defined for purposes of this ordinance: (a) Board, as used in this ordinance, means the State of Minnesota Gambling Control Board. (b) City, as used in this ordinance, means the City of Chanhassen. (c) Council, as used in this ordinance, means the City Council of the City of Chanhassen. DocuSign Envelope ID: 34C06921-F039-493C-9888-060184A5816B 156305 2 (d) Licensed Organization, as used in this ordinance, means an organization licensed by the Board. (e) Local Permit, as used in this ordinance, means a permit issued by the city. (f) Trade Area, as used in this ordinance, means this city and each city and township contiguous to this city. Sec 10-154 Applicability This ordinance shall be construed to regulate all forms of lawful gambling within the city except bingo conducted within a nursing home or a senior citizen housing project or by a senior citizen organization if the prizes for a single bingo game do not exceed $10, total prizes awarded at a single bingo occasion do not exceed $200, only members of the organization, residents of the nursing home or housing project, and their guests, are allowed to play in a bingo game, no compensation is paid for any persons who conduct the bingo, and a manager is appointed to supervise the bingo. Sec 10-155 Lawful Gambling Permitted Lawful gambling is permitted within the city provided it is conducted in accordance with Minn. Stat. §§ 609.75-.763, inclusive, as they may be amended from time to time; Minn. Stat. §§ 349.11-.23, inclusive, as they may be amended from time to time; and this ordinance. Sec 10-156 Council Approval Lawful gambling authorized by Minn. Stat. §§ 349.11-.23, inclusive, as they may be amended from time to time, shall not be conducted unless approved by the Council, subject to the provisions of this ordinance and state law. Sec 10-157 Application and Local Approval of Premises Permits (a) Any organization seeking to obtain a premises permit from the Board shall file with the city clerk an executed, complete duplicate application, together with all exhibits and documents accompanying the application as will be filed with the Board. Each organization licensed to conduct lawful gambling in the City shall complete the City's investigation form, submit copies of all state gambling application forms, all records and reports required to be filed within the State Gambling Control Board pursuant to Minnesota Statues, Chapter 349, and the rules and regulations promulgated thereunder, and submit any additional information required by the City. (b) Upon receipt of an application for issuance of a premises permit, the city cl erk shall transmit the application to the county sheriff for review and recommendation. (c) The county sheriff shall investigate the matter and make the review and recommendation to the City Council as soon as possible, but in no event later than 45 days following receipt of the notification by the city. DocuSign Envelope ID: 34C06921-F039-493C-9888-060184A5816B 157306 3 (d) Organizations applying for a state-issued premises permit shall pay the city an investigation fee established by ordinance. This fee shall be refunded if the application is withdrawn before the investigation is commenced. If approved by the City Council and the Board, a licensed organization will be responsible for an annual investigative fee for conducting lawful gambling within the city. (e) The applicant shall be notified in writing of the date on which the Council will consider the recommendation. (f) The Council shall receive the county sheriff’s report and consider the application within 45 days of the date the application was submitted to the city clerk. (g) The Council shall by resolution approve or disapprove the application within 60 days of receipt of the application. (h) The Council shall deny an application for issuance or renewal of a premises permit for any of the following reasons: (1) An applicant’s officer, director, or other person in a supervisory or management position a. has been convicted of a felony within the last five (5) years; b. has ever been convicted of a crime involving gambling; c. is not of good moral character or repute; d. has ever been convicted of 1. assault, 2. a criminal violation involving the use of a firearm, or 3. making terroristic threats; e. owes delinquent local, state or federal taxes, or is delinquent on any other city bill. (2) The premises is in violation of any land use or zoning ordinance or owes delinquent local, state or federal taxes, or is delinquent on any other city bill. (3) Violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling within the last three (3) years. (4) Violation by the on-sale establishment or organization leasing its premises for gambling of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice, and protection of public safety within the last three (3) years. (5) Lawful gambling would be conducted at premises other than those for which an on-sale liquor license has been issued. (6) Failure of the applicant to pay the investigation fee provided by Subdivision 4 within the prescribed time limit. DocuSign Envelope ID: 34C06921-F039-493C-9888-060184A5816B 158307 4 (7) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. Otherwise, the Council shall pass a resolution approving the application. Sec 10-158 Local Permits (a) No organization shall conduct lawful gambling excluded or exempted from state licensure requirements by Minn. Stat. § 349.166, as it may be amended from time to time, without a valid local permit. This section shall not apply to lawful gambling exempted from local regulation by Section 10-154 of this ordinance. (b) Applications for issuance or renewal of a local permit shall be on a form prescribed by the city. The application shall contain the following information: (1) Name and address of the organization requesting the permit. (2) Name and address of the officers and person accounting for receipts, expenses, and profits for the event. (3) Dates of gambling occasion for which permit is requested. (4) Address of premises where event will occur. (5) Copy of rental or leasing arrangement, if any, connected with the event, including rent to be charged to the organization, which rental or leasing arrangement may not provide for rental payments based on a percentage of receipts or profits from lawful gambling. (6) Estimated value of prizes to be awarded. (c) The fee for a local permit shall be as established by city ordinance. The fee shall be submitted with the application for a local permit. This fee shall be refunded if the application is withdrawn before the investigation is commenced. (d) Upon receipt of an application for issuance or renewal of a local permit, the city clerk shall transmit the notification to the county sheriff for review and recommendation. (e) The county sheriff shall investigate the matter and make review and recommendation to the City Council as soon as possible, but in no event later than 45 days following receipt of the notification by the city. (f) The applicant shall be notified in writing of the date on which the Council will consider the recommendation. (g) The Council shall receive the county sheriff’s report and consider the application within 45 days of the date the application was submitted to the city clerk. DocuSign Envelope ID: 34C06921-F039-493C-9888-060184A5816B 159308 5 (h) The Council shall deny an application for issuance or renewal of a local permit for any of the following reasons: (1) Violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling within the last three (3) years. (2) Violation by the on-sale establishment, or organization leasing its premises for gambling, of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to the operation of the establishment, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice, and protection of public safety within the last three (3) years. (3) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. Otherwise, the Council shall approve the application. Sec 10-159 Revocation and Suspension of Local Permits (a) A local permit may be revoked or temporarily suspended for a violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling. (b) A local permit shall not be revoked or suspended until written notice and an opportunity for a hearing have first been given to the permitted person. The notice shall be personally served or sent by certified or registered mail. If the person refuses to accept notice, notice of the violation shall be served by posting it on the premises. Notice shall state the provision reasonably believed to be violated and shall also state that the permitted person may demand a hearing on the matter, in which case the permit will not be suspended until after the hearing is held. If the permitted person requests a hearing, the Council shall hold a hearing on the matter at least one week after the date on which the request is made. If, as a result of the hearing, the Council finds that an ordinance violation exists, then the Council may suspend or revoke the permit. Sec 10-160 Display of Permit All permits issued under state law or this ordinance shall be prominently displayed during the permit year at the premises where gambling is conducted. Sec 10-161 Notification Of Material Changes To Application An organization holding a state-issued premises permit or a local permit shall notify the city within ten (10) days in writing whenever any material change is made in the information submitted on the application. Sec 10-162 Contribution Of Net Profits To Fund Administered By City (a) Each organization licensed to conduct lawful gambling within the city pursuant to Minn. Stat. § 349.16, as it may be amended from time to time, shall contribute ten percent (10%) of DocuSign Envelope ID: 34C06921-F039-493C-9888-060184A5816B 160309 6 its net profits derived from lawful gambling in the city to a fund administered and regulated by the city without cost to the fund. The city shall disburse the funds for charitable contributions as defined by Minn. Stat. § 349.12, subd. 7a, as it may be amended from time to time. (b) Payment under this section shall be made on the last day of each month. (c) The city’s use of such funds shall be determined at the time of adoption of the city’s annual budget or when the budget is amended. (d) An organization that conducts gambling on fewer than five days in a calendar year is exempt from the requirements of this section. Sec 10-163 Designated Trade Area (a) Each organization licensed to conduct gambling within the city shall expend fifty percent (50%) of its lawful purpose expenditures on lawful purposes conducted within the city’s trade area. (b) This section applies only to lawful purpose expenditures of gross profits derived from gambling conducted at a premises within the city’s jurisdiction. (c) An organization that conducts gambling on fewer than five days in a calendar year is exempt from the requirements of this section. Sec 10-164 Records and Reporting (a) Organizations conducting lawful gambling shall file with the city clerk one copy of all records and reports required to be filed with the Board, pursuant to Minn. Stat. ch. 349, as it may be amended from time to time, and rules adopted pursuant thereto, as they may be amended from time to time. The records and reports shall be filed on or before the day they are required to be filed with the Board. (b) Organizations licensed by the Board shall file a report with the city proving compliance with the trade area spending requirements imposed by Section 10-163. Such report shall be made on a form prescribed by the city and shall be submitted annually. Sec 10-165 Hours of Operation Lawful gambling shall not be conducted between 1 a.m. and 8 a.m. on any day of the week. Sec 10-166 Penalty Any person who violates any provision of this ordinance; Minn. Stat. §§ 609.75-609.763, inclusive, as they may be amended from time to time; or Minn. Stat. §§ 349.11-349.21, as they may be amended from time to time; or any rules promulgated under those sections, as they may be amended from time to time, shall be guilty of a misdemeanor and subject to a fine of not more than $1,000 or imprisonment for a term not to exceed 90 days, or both, plus in either case the DocuSign Envelope ID: 34C06921-F039-493C-9888-060184A5816B 161310 7 costs of prosecution. In addition, violations shall be reported to the Board, and recommendations shall be made for suspension, revocation, or cancellation of an organization’s license. Sec 10-167 Severability If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. SECTION 2. Effective Date. This ordinance becomes effective on the date of its publication or upon the publication of a summary of the ordinance as provided by Minn. Stat. § 412.191, subd. 4, as it may be amended from time to time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as it may be amended from time to time. PASSED AND ADOPTED this 9th day of October 2023 by the City Council of the City of Chanhassen, Minnesota. ATTEST: Kim Meuwissen City Clerk Elise Ryan, Mayor (Summary Ordinance Published in the Chanhassen Villager on October 19, 2023) DocuSign Envelope ID: 34C06921-F039-493C-9888-060184A5816B 162311 City Council Item January 22, 2024 Item Award Contract to Diversified Drainage for the Lake Ann Park Preserve Boardwalk Improvement Project (City Project No. P-LAPPP1) File No.City Project No. P-LAPPP1 Item No: D.11 Agenda Section CONSENT AGENDA Prepared By Jerry Ruegemer, Park and Recreation Director Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council awards the contract to Diversified Drainage in the amount of $773,597.38 for the Lake Ann Park Preserve Boardwalk Improvement Project." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY BACKGROUND SEH prepared Bid Package #1, which includes Boardwalks A, B, and C. The bid documents were available for interested contractors to review on December 20, 2023. On Thursday, January 11, 2024, at 10:00 a.m., the city received and opened nine (9) bids for the Lake Ann Park Preserve Boardwalk Improvement Project (City Project P-LAPPP1). The nine (9) responsive bids ranged from $773,357.98 to $1,347,161.00. It was concluded that the bids received were of good value for the current market. The bids received from the contractors are as follows: 163 Bidder Bid Amount Diversified Drainage $773,537.98 Blackstone Contractors, LLC $876,408.15 Vada Contracting, LLC $1,050,766.00 Peterson Companies $1,051,608.29 Pember Companies, Inc $1,052,948.45 Meyer Contracting $1,098,118.55 SM Hentges & Sons, Inc $1,189,877.30 JTS Construction $1,329,261.00 Swan Companies, Inc $1,347,161.00 Engineer's Estimate*$1,026,941.00 *The Engineer's Estimate is included in the table above for reference only. Diversified Drainage is the apparent low bidder. The contractor provided three references that were verified. All three references had worked with Diversified Drainage on projects, and all three indicated a positive experience. Additionally, subcontractors and suppliers were also verified and are capable of the work. Addendum #2 was added to the bid documents that moved back the substantial completion date from on or before July 12, 2024 to August 30, 2024. This was done due to the long lead times for the boardwalk timber and welded wire mesh. This implementation was also necessary so that contractors did not incur any liquidated damage penalties resulting in improved contractor bids. The boardwalk construction can still be completed even during non-winter months. DISCUSSION BUDGET RECOMMENDATION Staff recommends that the City Council award a contract to Diversified Drainage in the amount of $773,597.38 for the Lake Ann Park Preserve Boardwalk Improvement Project - City Project No. P- LAPPP1. ATTACHMENTS Construction Contract SEH Contractor Recommendation Letter Lake Ann Park Preserve Bid Package #1 Results Advertisement for Bids-Boardwalks Diversified Drainage Bid Documents 164 Diversified Drainage Bid Tabulation 165 1 175881v1 FORM OF AGREEMENT BETWEEN CITY OF CHANHASSEN AND CONTRACTOR FOR LAKE ANN PARK PRESERVE BOARDWALK IMPROVEMENT PROJECT (P-LAPPP1) THIS AGREEMENT made this _____ day of _____________, 20____, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (“Owner”) and MITCH KOTILA d/b/a DIVERSIFIED DRAINAGE, 3500 Vicksburg Lane North, Plymouth, MN 55447 (“Contractor”). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1.CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents,” all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A.This Agreement. B.Specifications dated December 20, 2023, including Addendum 1 dated January 5, 2024, and Addendum 2 dated January 8, 2024. C.City of Chanhassen General Conditions of the Construction Contract. D.Current edition of City of Chanhassen Standard Specifications & Detail Plates. E.Quote/Bid dated January 11, 2024. In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document “A” having the first priority and Contract Document “D” having the last priority. 2.OBLIGATIONS OF THE CONTRACTOR. The contractor shall provide the goods and services and perform the work in accordance with the Contract Documents. This contract may be terminated by the City at any time upon discovery by the City that the Contractor or any of its subcontractors has submitted a false statement under oath verifying compliance with any of the minimum criteria set forth in Minn. Stat. §16C.285, Subdivision 3, the Responsible Contractor statute. 3.CONTRACT PRICE. Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amount of Seven Hundred Seventy-Three Thousand, Five Hundred Thirty-Seven and 98/100 Dollars ($773,537.98). 166 2 175881v1 4.PAYMENT PROCEDURES. A.Contractor shall submit Applications for Payment. Applications for Payment will be processed by Engineer as provided in the General Conditions. B.Progress Payments; Retainage. Owner shall make 95% progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work. C.Payments to Subcontractor. (1)Prompt Payment to Subcontractors. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1 ½ percent per month or any part of a month to the Subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. (2)Form IC-134 (attached) required from general contractor. Minn. Stat. § 290.92 requires that the City of Chanhassen obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. D.Final Payment. Upon final completion of the Work, Owner shall pay the remainder of the Contract Price as recommended by Engineer. 5.COMPLETION DATE/LIQUIDATED DAMAGES. A.The Work must be completed within Two Hundred Twenty-Two (222) calendar days after the date the Contract Times commence to run and completed and ready for final payment in accordance with the General Conditions by August 30, 2024. B.Contract and Owner recognize that time is of the essence of this Agreement, and that Owner will suffer financial loss if the Work is not 167 3 175881v1 completed within the times specified in Paragraph 5.A. above, plus any extensions thereof allowed. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $1,200 for each calendar day that expires after the time specified in Paragraph 5.A. for Completion until the Work is complete. Daily costs are based on MnDOT Table 1807.1-1, "Schedule of Liquidated Damages as follows: TABLE 1807.1-1 SCHEDULE OF LIQUIDATED DAMAGES Original Contract Amount Charge Per Cal. Day, ($) From More Than ($)To and Including ($) 0 25,000 300 25,000 100,000 400 100,000 500,000 900 500,000 1,000,000 1,200 1,000,000 2,000,000 1,500 2,000,000 5,000,000 2,500 5,000,000 10,000,000 3,000 10,000,000 ---3,500 6.CONTRACTOR’S REPRESENTATIONS. A.Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B.Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C.Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D.Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the site. 168 4 175881v1 E.Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F.Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G.Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H.Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I.Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. J.The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K.Subcontracts: (1)Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the Owner. (2)The Contractor is responsible to the Owner for the acts and omissions of the Contractor's subcontractors and their direct and 169 5 175881v1 indirect employees, to the same extent as the Contractor is responsible for the acts and omissions of the Contractor's employees. (3)The Contract Documents shall not be construed as creating any contractual relation between the Owner, the Engineer, and any Subcontractor. (4)The Contractor shall bind every Subcontractor by the terms of the Contract Documents. 7.WORKER’S COMPENSATION. The Contractor shall obtain and maintain, for the duration of this Contract, statutory Worker’s Compensation Insurance and Employer’s Liability Insurance as required under the laws of the State of Minnesota. 8.COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract, with the City included as an additional name insured on a primary and non- contributory basis. The Contractor shall furnish the City a certificate of insurance satisfactory to the City evidencing the required coverage: Bodily Injury:$2,000,000 each occurrence $2,000,000 aggregate products and completed operations Property Damage:$2,000,000 each occurrence $2,000,000 aggregate Contractual Liability (identifying the contract): Bodily Injury:$2,000,000 each occurrence Property Damage:$2,000,000 each occurrence $2,000,000 aggregate Personal Injury, with Employment Exclusion deleted: $2,000,000 aggregate Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury:$2,000,000 each occurrence $2,000,000 each accident Property Damage:$2,000,000 each occurrence 9. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the quote shall be in full force and transferred to the City upon payment by the 170 6 175881v1 City. The Contractor shall be held responsible for any and all defects in workmanship, materials, and equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. 10.INDEMNITY. The Contractor agrees to indemnify and hold the City harmless from any claim made by third parties as a result of the services performed by it. In addition, the Contractor shall reimburse the City for any cost of reasonable attorney’s fees it may incur as a result of any such claims. 11.MISCELLANEOUS. A.Terms used in this Agreement have the meanings stated in the General Conditions. B.Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. C.Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. D.Data Practices/Records. (1)All data created, collected, received, maintained, or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. (2)All books, records, documents and accounting procedures and practices to the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. E.Software License. If the equipment provided by the Contractor pursuant to this Contract contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for 171 7 175881v1 such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. F.Patented devices, materials, and processes. If the Contract requires, or the Contractor desires, the use of any design, devise, material, or process covered by letters, patent or copyright, trademark, or trade name, the Contractor shall provide for such use by a suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the Owner. If no such agreement is made or filed as noted, the Contractor shall indemnify and hold harmless the Owner from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the Project agreed to be performed under the Contract, and shall indemnify and defend the Owner for any costs, liability, expenses and attorney's fees that result from any such infringement G.Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. H.Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. I.Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Carver County. J.Severability. If any provision, term, or condition of this Contract is found to be or become unenforceable or invalid, it shall not affect the remaining provisions, terms, and conditions of this Contract unless such invalid or unenforceable provision, term, or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties’ entire contract. K.Entire Agreement. This Contract represents the entire agreement of the parties and is a final, complete, and all-inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings, or written or verbal representations made between the parties with respect thereto. 172 8 175881v1 L.Permits and Licenses/Rights-of-Way and Easements. The Contractor shall procure all permits and licenses, pay all charges and fees therefore, and give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights-of-way and easements. The Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City’s not timely obtaining rights-of-way or easements. M.If the work is delayed or the sequencing of work is altered because of the action or inaction of the Owner, the Contractor shall be allowed a time extension to complete the work but shall not be entitled to any other compensation. CITY OF CHANHASSEN CONTRACTOR: BY:BY: Elise Ryan, Mayor Mitch Kotila, Diversified Drainage BY: Laurie Hokkanen, City Manager 173 Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 10 North Bridge Street, Chippewa Falls, WI 54729-2550 715.720.6200 | 800.472.5881 | 888.908.8166 fax | sehinc.com SEH is 100% employee-owned | Affirmative Action–Equal Opportunity Employer January 16, 2024 Jerry Ruegemer Park & Recreation Director City of Chanhassen jruegemer@chanhassenmn.gov RE: Lake Ann Park Preserve Boardwalk Improvement Project (City Project P-LAPPP1) Bid Award Recommendation Dear Mr. Ruegemer: On Thursday, January 11, 2024 at 10:00 AM at Chanhassen City Hall, the City received and opened nine (9) bids for the Lake Ann Park Preserve Boardwalk Improvement Project (City Project P-LAPPP1). Contractor Bid Amount Diversified Drainage $773,537.98 Blackston Contractors, LLC $876,408.15 Engineer’s Estimate (SEH) $1,026,941.00 Vada Contracting, LLC $1,050,766.00 Peterson Companies $1,051,608.29 Pember Companies $1,052,948.45 Meyer Contracting $1,098,118.55 SM Hentges & Sons, Inc. $1,189,877.30 JTS Construction $1,329,261.00 Swan Companies, Inc. $1,347,161.00 Diversified Drainage is the apparent low bidder. The contractor provided three references that were verified. All three references had worked with Diversified Drainage on projects and all three indicated a positive experience. Additionally, subcontractors and suppliers were also verified and are capable of the work. It is recommended that the City Council consider all bids and award a contract to Diversified Drainage for the Lake Ann Park Preserve Boardwalk Improvement Project (City Project P-LAPPP1). Please contact me with any questions at jdesrude@sehinc.com or 952-912-2610. Sincerely, Jen Desrude, PE SEH Project CHAPR 176519 / HOISI 171884 x:\fj\h\hoisi\171884\1-genl\14-corr\lakeannboardwalk-bidawardletter-011624.docx 174 TABULATION OF BIDS12Lake Ann Park Preserve Boardwalk Improvement ProjectEngineer's EstimateDiversified Drainage Blackstone Contractors LLCCity of Chanhassen, MN City Project No.: P-LAPPP13500 Vicksburg Lane North 9520 County Road 19, Ste DSEH No.: HOISI 171884Plymouth, MN 55447 Loretto, MN 55357Bid Date: Thursday, 1/11/24, 10:00 AMItem No. Item UnitEst. Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price1 MOBILIZATION LUMP SUM 1 $58,000.00 $58,000.00 $40,888.22 $40,888.22 $76,036.50 $76,036.502 CLEARING EACH 6 350.00 2,100.00 469.42 $2,816.52 662.67 3,976.023 GRUBBING EACH 6 300.00 1,800.00 232.16 $1,392.96 142.00 852.004 CLEARING ACRE 0.52 10,000.00 5,200.00 7,730.50 $4,019.86 8,192.31 4,260.005 GRUBBING ACRE 0.52 8,000.00 4,160.00 5,730.50 $2,979.86 8,192.31 4,260.006 REMOVE BITUMINOUS WALK SQ YD 114 10.00 1,140.00 9.00 $1,026.00 12.46 1,420.447 POTHOLE UTILITY EACH 3 500.00 1,500.00 698.02 $2,094.06 1,306.67 3,920.018 EXCAVATION - COMMON CU YD 60 50.00 3,000.00 39.80 $2,388.00 23.67 1,420.209 COMMON EMBANKMENT (CV) CU YD 179 50.00 8,950.00 30.81 $5,514.99 29.83 5,339.5710 STREET SWEEPER (WITH PICKUP BROOM) HOUR 30 150.00 4,500.00 35.00 $1,050.00 142.00 4,260.0011 AGGREGATE BASE CLASS 5 TON 270 30.00 8,100.00 33.14 $8,947.80 30.19 8,151.3012 TIMBER BOARDWALK A LIN FT 304.5 1,200.00 365,400.00 876.06 $266,760.27 1,066.11 324,630.5013 TIMBER BOARDWALK B LIN FT 49.5 1,500.00 74,250.00 1,789.71 $88,590.65 1,723.23 85,299.8914 TIMBER BOARDWALK C LIN FT 144.5 1,200.00 173,400.00 961.71 $138,967.10 1,119.93 161,829.8915 HELICAL PILE LOAD TEST EACH 5 5,500.00 27,500.00 6,264.88 $31,324.40 5,250.00 26,250.0016 HELICAL PILING 10' LONG EACH 66 1,750.00 115,500.00 1,168.84 $77,143.44 1,050.00 69,300.0017 ADDITIONAL HELICAL PILE LENGTH LIN FT 1,372 75.00 102,900.00 22.56 $30,952.32 42.09 57,747.4818 BENCH EACH 2 3,500.00 7,000.00 2,807.34 $5,614.68 613.00 1,226.0019 DECORATIVE EMBLEM EACH 18 200.00 3,600.00 581.34 $10,464.12 193.22 3,477.9620 TRAFFIC CONTROL LUMP SUM 1 1,500.00 1,500.00 3,540.05 $3,540.05 1,945.00 1,945.0021 STABILIZED CONSTRUCTION EXIT EACH 3 1,500.00 4,500.00 2,004.20 $6,012.60 968.00 2,904.0022 SEDIMENT CONTROL LOG TYPE COMPOST LIN FT5,050 5.00 25,250.00 3.78 $19,089.00 2.47 12,473.5023 FLOATING SILT CURTAIN LIN FT 200 20.00 4,000.00 16.64 $3,328.00 14.20 2,840.0024 SEEDING ACRE 1.615,000.00 8,050.00 2,606.40 $4,196.30 652.17 1,049.9925 SEED MIXTURE 36-211 POUND 56 50.00 2,800.00 23.48 $1,314.88 18.75 1,050.0026 FERTILIZER TYPE 3 POUND 321 5.001,605.00 5.00 $1,605.00 3.27 1,049.6727 HYDRAULIC BONDED FIBER MATRIX POUND 5,618 2.00 11,236.00 2.05 $11,516.90 1.68 9,438.24Diversified Drainage - multiplication errors and column adding error. Correct amount shown.Vada Contracting multiplication error - correct amount shown$1,026,941.00$773,537.98 $876,408.15TOTAL BID PRICE$1,026,941.00 $876,408.15$773,537.98Shaded area denotes corrected figureShort Elliott Hendrickson Inc.Page 1 of 4175 TABULATION OF BIDSLake Ann Park Preserve Boardwalk Improvement ProjectCity of Chanhassen, MN City Project No.: P-LAPPP1SEH No.: HOISI 171884Bid Date: Thursday, 1/11/24, 10:00 AMItem No. Item UnitEst. Quantity1 MOBILIZATION LUMP SUM 12 CLEARING EACH 63 GRUBBING EACH 64 CLEARING ACRE 0.525 GRUBBING ACRE 0.526 REMOVE BITUMINOUS WALK SQ YD 1147 POTHOLE UTILITY EACH 38 EXCAVATION - COMMON CU YD 609 COMMON EMBANKMENT (CV) CU YD 17910 STREET SWEEPER (WITH PICKUP BROOM) HOUR 3011 AGGREGATE BASE CLASS 5 TON 27012 TIMBER BOARDWALK A LIN FT 304.513 TIMBER BOARDWALK B LIN FT 49.514 TIMBER BOARDWALK C LIN FT 144.515 HELICAL PILE LOAD TEST EACH 516 HELICAL PILING 10' LONG EACH 6617 ADDITIONAL HELICAL PILE LENGTH LIN FT 1,37218 BENCH EACH 219 DECORATIVE EMBLEM EACH 1820 TRAFFIC CONTROL LUMP SUM 121 STABILIZED CONSTRUCTION EXIT EACH 322 SEDIMENT CONTROL LOG TYPE COMPOST LIN FT 5,05023 FLOATING SILT CURTAIN LIN FT 20024 SEEDING ACRE 1.6125 SEED MIXTURE 36-211 POUND 5626 FERTILIZER TYPE 3 POUND 32127 HYDRAULIC BONDED FIBER MATRIX POUND 5,618Diversified Drainage - multiplication errors and column adding error. Correct amount sVada Contracting multiplication error - correct amount shownTOTAL BID PRICEShaded area denotes corrected figure345Vada Contracting. LLC Peterson Companies Pember Companies Inc.1177 Orth Drive SW 8326 Wyoming Trail N4449 469th StreetCokato, MN 55321 Chisago City, MN 55013 Menomonie, WI 54751Unit Price Total Price Unit Price Total Price Unit Price Total Price$55,000.00 $55,000.00 $65,000.00 $65,000.00 $98,835.00 $98,835.00695.00 4,170.00 368.00 2,208.00 530.00 3,180.00360.00 2,160.00 105.00 630.00 160.00 960.0010,000.00 5,200.00 31,500.00 16,380.00 21,200.00 11,024.006,875.00 3,575.00 5,250.00 2,730.00 12,750.00 6,630.0026.00 2,964.00 6.00 684.00 14.00 1,596.001,630.00 4,890.00 751.00 2,253.00 1,000.00 3,000.00125.00 7,500.00 58.00 3,480.00 200.00 12,000.00100.00 17,900.00 62.00 11,098.00 115.00 20,585.00130.00 3,900.00 225.00 6,750.00 135.00 4,050.0078.00 21,060.00 57.00 15,390.00 70.00 18,900.001,258.00 383,061.00 1,213.00 369,358.50 1,130.00 344,085.002,250.00 111,375.00 2,557.00 126,571.50 2,255.00 111,622.501,370.00 197,965.00 1,384.00 199,988.00 1,275.00 184,237.505,500.00 27,500.00 6,331.00 31,655.00 5,300.00 26,500.001,050.00 69,300.00 1,001.00 66,066.00 1,025.00 67,650.0046.00 63,112.00 36.00 49,392.00 42.40 58,172.802,820.00 5,640.00 4,274.00 8,548.00 5,550.00 11,100.001,430.00 25,740.00 431.00 7,758.00 1,120.00 20,160.003,000.35 3,000.35 7,498.00 7,498.00 3,800.00 3,800.001,250.00 3,750.00 3,300.00 9,900.00 1,000.00 3,000.003.04 15,352.00 4.00 20,200.00 2.90 14,645.0017.50 3,500.00 5.50 1,100.00 16.00 3,200.00165.00 265.65 6,219.00 10,012.59 7,650.00 12,316.5018.00 1,008.00 48.00 2,688.00 17.30 968.802.00 642.00 0.70 224.70 1.05 337.052.00 11,236.00 2.50 14,045.00 1.85 10,393.30$1,051,608.29 $1,052,948.45$1,050,766.00$1,050,766.00$1,051,608.29 $1,052,948.45Short Elliott Hendrickson Inc.Page 2 of 4176 TABULATION OF BIDSLake Ann Park Preserve Boardwalk Improvement ProjectCity of Chanhassen, MN City Project No.: P-LAPPP1SEH No.: HOISI 171884Bid Date: Thursday, 1/11/24, 10:00 AMItem No. Item UnitEst. Quantity1 MOBILIZATION LUMP SUM 12 CLEARING EACH 63 GRUBBING EACH 64 CLEARING ACRE 0.525 GRUBBING ACRE 0.526 REMOVE BITUMINOUS WALK SQ YD 1147 POTHOLE UTILITY EACH 38 EXCAVATION - COMMON CU YD 609 COMMON EMBANKMENT (CV) CU YD 17910 STREET SWEEPER (WITH PICKUP BROOM) HOUR 3011 AGGREGATE BASE CLASS 5 TON 27012 TIMBER BOARDWALK A LIN FT 304.513 TIMBER BOARDWALK B LIN FT 49.514 TIMBER BOARDWALK C LIN FT 144.515 HELICAL PILE LOAD TEST EACH 516 HELICAL PILING 10' LONG EACH 6617 ADDITIONAL HELICAL PILE LENGTH LIN FT 1,37218 BENCH EACH 219 DECORATIVE EMBLEM EACH 1820 TRAFFIC CONTROL LUMP SUM 121 STABILIZED CONSTRUCTION EXIT EACH 322 SEDIMENT CONTROL LOG TYPE COMPOST LIN FT 5,05023 FLOATING SILT CURTAIN LIN FT 20024 SEEDING ACRE 1.6125 SEED MIXTURE 36-211 POUND 5626 FERTILIZER TYPE 3 POUND 32127 HYDRAULIC BONDED FIBER MATRIX POUND 5,618Diversified Drainage - multiplication errors and column adding error. Correct amount sVada Contracting multiplication error - correct amount shownTOTAL BID PRICEShaded area denotes corrected figure678Meyer Contracting SM Hentges & Sons Inc. JTS Construction11000 93rd Avenue North 650 Quaker Avenue PO Box 243Maple Grove, MN 55369 Jordan, MN 55352 Lakeville, MN 55044Unit Price Total Price Unit Price Total Price Unit Price Total Price$21,237.29 $21,237.29 $54,500.00 $54,500.00 $175,000.00 $175,000.00350.00 2,100.00 385.00 2,310.00 500.00 3,000.00100.00 600.00 110.00 660.00 500.00 3,000.0030,000.00 15,600.00 33,000.00 17,160.00 20,000.00 10,400.005,000.00 2,600.00 5,500.00 2,860.00 20,000.00 10,400.0030.68 3,497.52 10.00 1,140.00 10.00 1,140.002,759.00 8,277.00 3,935.00 11,805.00 500.00 1,500.0038.76 2,325.60 35.00 2,100.00 40.00 2,400.0089.93 16,097.47 13.00 2,327.00 60.00 10,740.00310.87 9,326.10 160.00 4,800.00 125.00 3,750.0041.02 11,075.40 36.00 9,720.00 75.00 20,250.001,065.59 324,472.16 1,465.00 446,092.50 1,000.00 304,500.004,056.53 200,798.24 3,572.00 176,814.00 4,000.00 198,000.001,174.54 169,721.03 1,640.00 236,980.00 1,000.00 144,500.001,795.27 8,976.35 8,500.00 42,500.00 2,500.00 12,500.002,416.32 159,477.12 800.00 52,800.00 2,500.00 165,000.0011.11 15,242.92 38.50 52,822.00 150.00 205,800.008,750.50 17,501.00 4,480.00 8,960.00 1,500.00 3,000.001,254.68 22,584.24 1,395.00 25,110.00 250.00 4,500.001,900.00 1,900.00 2,100.00 2,100.00 500.00 500.005,535.11 16,605.33 500.00 1,500.00 3,000.00 9,000.002.76 13,938.00 3.55 17,927.50 4.00 20,200.0015.13 3,026.00 27.50 5,500.00 15.00 3,000.0024,890.99 40,074.49 1,100.00 1,771.00 2,000.00 3,220.0016.30 912.80 25.00 1,400.00 20.00 1,120.001.00 321.00 1.10 353.10 5.00 1,605.001.75 9,831.50 1.40 7,865.20 2.00 11,236.00$1,329,261.00$1,098,118.55 $1,189,877.30$1,098,118.55 $1,189,877.30 $1,329,261.00Short Elliott Hendrickson Inc.Page 3 of 4177 TABULATION OF BIDSLake Ann Park Preserve Boardwalk Improvement ProjectCity of Chanhassen, MN City Project No.: P-LAPPP1SEH No.: HOISI 171884Bid Date: Thursday, 1/11/24, 10:00 AMItem No. Item UnitEst. Quantity1 MOBILIZATION LUMP SUM 12 CLEARING EACH 63 GRUBBING EACH 64 CLEARING ACRE 0.525 GRUBBING ACRE 0.526 REMOVE BITUMINOUS WALK SQ YD 1147 POTHOLE UTILITY EACH 38 EXCAVATION - COMMON CU YD 609 COMMON EMBANKMENT (CV) CU YD 17910 STREET SWEEPER (WITH PICKUP BROOM) HOUR 3011 AGGREGATE BASE CLASS 5 TON 27012 TIMBER BOARDWALK A LIN FT 304.513 TIMBER BOARDWALK B LIN FT 49.514 TIMBER BOARDWALK C LIN FT 144.515 HELICAL PILE LOAD TEST EACH 516 HELICAL PILING 10' LONG EACH 6617 ADDITIONAL HELICAL PILE LENGTH LIN FT 1,37218 BENCH EACH 219 DECORATIVE EMBLEM EACH 1820 TRAFFIC CONTROL LUMP SUM 121 STABILIZED CONSTRUCTION EXIT EACH 322 SEDIMENT CONTROL LOG TYPE COMPOST LIN FT 5,05023 FLOATING SILT CURTAIN LIN FT 20024 SEEDING ACRE 1.6125 SEED MIXTURE 36-211 POUND 5626 FERTILIZER TYPE 3 POUND 32127 HYDRAULIC BONDED FIBER MATRIX POUND 5,618Diversified Drainage - multiplication errors and column adding error. Correct amount sVada Contracting multiplication error - correct amount shownTOTAL BID PRICEShaded area denotes corrected figure9Swan Companies, Inc.682 39th Ave NEColumbia Heights, MN 55421Unit Price Total Price$27,500.00 $27,500.002,500.00 15,000.00700.00 4,200.0020,000.00 10,400.0012,000.00 6,240.0030.00 3,420.001,000.00 3,000.0075.00 4,500.0060.00 10,740.00125.00 3,750.0025.00 6,750.001,500.00 456,750.006,642.00 328,779.001,640.00 236,980.003,000.00 15,000.001,385.00 91,410.0040.00 54,880.004,100.00 8,200.00800.00 14,400.003,000.00 3,000.002,500.00 7,500.003.00 15,150.0015.00 3,000.00500.00 805.0020.00 1,120.002.00 642.002.50 14,045.00$1,347,161.00$1,347,161.00Short Elliott Hendrickson Inc.Page 4 of 4178 ADVERTISEMENT FOR BIDS Sealed bids will be received by the Park and Recreation Department at the City of Chanhassen, Minnesota in the City Hall at 7700 Market Boulevard, until 10:00 AM, C.S.T. Thursday, January 11, 2024, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials and appurtenances necessary for the following: LAKE ANN PARK PRESERVE BOARDWALK IMPROVEMENT PROJECT (P-LAPPP1) In general the work consists of the following approximate quantities: 450 LF Timber Boardwalk 50 LF Timber Boardwalk with Steel Span 5 EACH Helical Pile Load Test 66 EACH Helical Piling 10’ Long 1,400 LF Additional Helical Piling Length 2 EACH Bench Complete digital project bidding documents are available at www.questcdn.com. Digital plan documents may be downloaded for $22.00 by inputting Quest Project #8887235 on the website’s Project Search page. For assistance and free membership registration, contact QuestCDN at 952-233-1632 or info@questcdn.com. Contractors may examine plans and specifications on file in the office of the Park and Recreation Department, 7700 Market Boulevard, Chanhassen, MN 55317. Please contact Jerry Ruegemer at 952-227-1121 or jruegemer@chanhassenmn.gov with any questions. BidSecurityin the amount of fivepercent (5%) of the amount of the Bidmust accompany each Bid in accordance with the Instructions to Bidders. The OWNER reserves the right to retain the deposits of the three lowest bidders for a period not to exceed 60 days after the date and time set for the opening of bids. No bids may be withdrawn for a period of 60 days after the date and time set for the openingof bids. The OWNER reserves the right to reject any and all bids, to waive irregularities and informalities therein and further reserves the right to awardthe Contract to thebest interests oftheOWNER. It is anticipated that the bids will be considered by the Chanhassen City Council at their meeting on January 22, 2024. Laurie Hokkanen, City Manager City of Chanhassen, Minnesota (Publish in the Chanhassen Villager on December 21 & 28, 2023) (Publish on www.questcdn.com) 179 180 181 182 183 184 185 186 187 188 189 190 191 TABULATION OF BIDSLake Ann Park Preserve Boardwalk Improvement ProjectDiversified Drainage Diversified Drainage Diversified DrainageCity of Chanhassen, MN City Project No.: P-LAPPP13500 Vicksburg Lane NorthCOLUMN ADDING ERRORSEH No.: HOISI 171884Plymouth, MN 55447Bid Date: Thursday, 1/11/24, 10:00 AMItem No. Item UnitEst. Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price1 MOBILIZATION LUMP SUM 1 $40,888.22 $40,888.22 $40,888.22 $40,888.22 $40,888.222 CLEARING EACH 6 469.42 $2,816.52 469.423 $2,816.54 2,816.543 GRUBBING EACH 6 232.16 $1,392.96 232.155 $1,392.93 1,392.934 CLEARING ACRE 0.52 7,730.50 $4,019.86 7,730.500 $4,019.86 4,019.865 GRUBBING ACRE 0.52 5,730.50 $2,979.86 5,730.500 $2,979.86 2,979.866 REMOVE BITUMINOUS WALK SQ YD 114 9.00 $1,026.00 9.002 $1,026.25 1,026.257 POTHOLE UTILITY EACH 3 698.02 $2,094.06 698.020 $2,094.06 2,094.068 EXCAVATION - COMMON CU YD 60 39.80 $2,388.00 39.804 $2,388.25 2,388.259 COMMON EMBANKMENT (CV) CU YD 179 30.81 $5,514.99 30.807 $5,514.43 5,514.4310 STREET SWEEPER (WITH PICKUP BROOM) HOUR 30 35.00 $1,050.00 35.000 $1,050.00 1,050.0011 AGGREGATE BASE CLASS 5 TON 270 33.14 $8,947.80 33.141 $8,948.02 8,948.0212 TIMBER BOARDWALK A LIN FT 304.5 876.06 $266,760.27 876.061 $266,760.63 266,760.6313 TIMBER BOARDWALK B LIN FT 49.5 1,789.71 $88,590.65 1,789.714 $88,590.85 88,590.8514 TIMBER BOARDWALK C LIN FT 144.5 961.71 $138,967.10 961.709 $138,967.02 138,967.0215 HELICAL PILE LOAD TEST EACH 5 6,264.88 $31,324.40 6,264.878 $31,324.39 31,324.3916 HELICAL PILING 10' LONG EACH 66 1,168.84 $77,143.44 1,168.836 $77,143.18 77,143.1817 ADDITIONAL HELICAL PILE LENGTH LIN FT 1,372 22.56 $30,952.32 22.563 $30,956.02 30,956.0218 BENCH EACH 2 2,807.34 $5,614.68 2,837.340 $5,674.68 5,674.6819 DECORATIVE EMBLEM EACH 18 581.34 $10,464.12 581.335 $10,464.03 10,464.0320 TRAFFIC CONTROL LUMP SUM 1 3,540.05 $3,540.05 3,540.050 $3,540.05 3,540.0521 STABILIZED CONSTRUCTION EXIT EACH 3 2,004.20 $6,012.60 2,004.200 $6,012.60 6,012.6022 SEDIMENT CONTROL LOG TYPE COMPOST LIN FT 5,050 3.78 $19,089.00 3.776 $19,068.90 19,068.9023 FLOATING SILT CURTAIN LIN FT200 16.64 $3,328.00 16.644 $3,328.72 3,328.7224 SEEDING ACRE 1.61 2,606.40 $4,196.30 2,606.40 $4,196.30 4,196.3025 SEED MIXTURE 36-211 POUND 56 23.48 $1,314.88 23.48 $1,314.88 1,314.8826 FERTILIZER TYPE 3 POUND 321 5.00 $1,605.00 5.00 $1,605.00 1,605.0027 HYDRAULIC BONDED FIBER MATRIX POUND 5,618 2.05 $11,516.90 2.05 $11,516.90 11,516.90Diversified Drainage - multiplication errors and column adding error. Correct amount shown.TOTAL PRICE SUBMITTED/UNIT PRICE$773,582.57$773,582.57$773,537.98TOTAL BID PRICE$773,537.98$773,582.57$773,582.57Shaded area denotes corrected figureShort Elliott Hendrickson Inc.Page 1 of 1192 City Council Item January 22, 2024 Item Resolution 2024-XX: Approve Application of the Chanhassen Booster Club to Conduct Off-Premise Lawful Gambling at Hackamore Brewing located at 18651 Lake Drive East File No.Item No: D.12 Agenda Section CONSENT AGENDA Prepared By Jenny Potter, Sr. Admin Support Specialist Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts a resolution approving an application from the Chanhassen Booster Club to Conduct Off-Premise Lawful Gambling at Hackamore Brewing located at 18651 Lake Drive East." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY The Chanhassen Booster Club has submitted a request for City Council approval to apply for a permit to conduct lawful gambling at Hackamore Brewing located at 18651 Lake Drive East. BACKGROUND The Chanhassen Booster Club is applying to the Minnesota Gambling Control Board (MGCB) for a license to conduct lawful gambling. An MGCB application requirement states the Chanhassen Booster Club must attach a Gambling Premises Permit LG214 (LG214) application showing that they have secured a location to conduct lawful gambling. The City Council must first approve the LG214 and provide a resolution to submit with the application. 193 DISCUSSION The Chanhassen Booster Club has submitted a Lawful Gambling Premise Permit request to the city along with the LG214 application and a copy of the Lease for Lawful Gambling Activity LG215 document showing they have received approval from Hackamore Brewery to conduct lawful gambling on the premises. Gambling to be conducted includes paper pull tabs with a dispensing device, electronic pull tabs, bar bingo, and tipboards. NOTE: Electronic games may only be conducted at a premise licensed for the on-sale of intoxicating liquor or the on-sale of 3.2% malt beverages. Hackamore Brewing, LLC holds an on-sale brewer taproom liquor license issued by the city. Per Chanhassen City Code Article10-V Gambling, specifically Section 10-153(b), each organization licensed to conduct gambling in the city shall complete the city's investigation form and submit any additional information required by the city. Law Enforcement conducted a background investigation, including criminal history, driving records, and outstanding warrants on the following officers of the Chanhassen Booster Club, a Minnesota non-profit corporation: Terre Kemble - President David Buss - Vice President Carol Fischenich - Treasurer Susan Schmidt- Secretary Jason Schmidt - Gambling Manager Lt. Lance Pearce reviewed the background investigation reports and had no negative comments on any of the officers. BUDGET N/A RECOMMENDATION Staff recommends that the city council adopt a resolution approving the LG214 permit application from the Chanhassen Booster Club to conduct off-premise lawful gambling at Hackamore Brewing located at 18651 Lake Drive East. ATTACHMENTS Resolution City Application for Lawful Gambling Premise Permit Request LG214 Premises Permit Application LG215 Lease for Lawful Gambling Activity Non-Profit Corporation Business Record Details Restaurant Floor Plan Gambling Activity Location 194 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: January 22, 2024 RESOLUTION NO:2024-XX____ MOTION BY: SECONDED BY: RESOLUTION APPROVING A PREMISES PERMIT APPLICATION FROM THE ROTARY CLUB OF LAKE MINNETONKA-EXCELSIOR TO ALLOW LAWFUL GAMBLING AT NORTH COOP RESTAURANT WHEREAS,The Chanhassen Booster Club, a Minnesota non-profit corporation located at 2200 Lyman Boulevard, Chanhassen,MN 55317, is applying for a lawful gambling license from the Minnesota Gambling Control Board; and WHEREAS, the Minnesota Gambling Control Board requires an approved lawful gambling premises permit to be attached to the lawful gambling license application; and WHEREAS, The Chanhassen Booster Club is applying for a premises permit to conduct lawful gambling at Hackamore Brewing located at 18651 Lake Drive East, Chanhassen, MN 55317; and WHEREAS,The Chanhassen Booster Club has entered into a lease with Hackamore Brewing to conduct lawful gambling on the premises; and WHEREAS,the Minnesota Gambling Control Board requires a City Council resolution approving the premises permit application. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chanhassen, Minnesota, approves the application from The Chanhassen Booster Club for a premises permit to allow lawful gambling at Hackamore Brewing located at 18651 Lake Drive East, Chanhassen, MN 55317; and that the City Clerk is hereby instructed to provide a copy of this Resolution to be included with the permit application to the Department of Gaming, Gambling Control Division, State of Minnesota. PASSED AND ADOPTED by the Chanhassen City Council this 22 nd day of January2024. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 195 Submission #2903581 IP Address 137.83.245.122 Submission Recorded On 12/29/2023 12:49 PM Time to Take Survey 16 minutes, 52 seconds Page 4 Guidance relating to Lawful Gambling is contained in the Chanhassen City Code, Chapter 10, Article V. All license and permit holders are required to be familiar with the provisions of this Chapter and with applicable Minnesota Statutes and federal regulations. NOTE: This application must be submitted at least thirty (30) days prior to the City Council approval date. City Council meetings are held on the second and fourth Monday of every month. APPLICANT INFORMATION *Full Name (individual who executes and signs this application) Jason Schmidt *Applicant Phone Number (952) 449-1208 * schmidtcaa@gmail.com ORGANIZATION INFORMATION * Chanhassen Booster Club *Organization Address 2200 Lyman Blvd Chanhassen MN 55317 * Terre Kemble - President David Buss - Vice President Carol Fischenich - Treasurer Susan Schmidt - Secretary *Gambling Manager Name Jason Schmidt *Gambling Manager Phone Number (952) 449-1208 * schmidtcaa@gmail.com * 1.00 * 271232988.00 * 31522.00 Does this organization currently conduct gambling in Chanhassen? No Has the organization's officer, director, manager, or other person in a supervisory or management position: *Been convicted of a felony within the last five (5) years? No *Ever been convicted of a crime involving gambling? No *Ever been convicted of assault, criminal violation involving the use of aa firearm, or making terroristic threats? No *Owe delinquent local, state, or federal taxes or is delinquent on any other city bill? No *Has the gambling organization been in violation of any state statute, state rule, or city ordinance relating to gambling within the last three (3) years? No *Check all gambling activities that will be conducted on the premises Bar Bingo Electronic Pull-Tabs Pull-Tabs (paper) with dispensing device Tipboards Applicant Email Name of Organization (as filed with the State of Minnesota) Please provide the name and title of each officer of the organization ? Gambling Manager Email Gambling License Number Minnesota Tax ID Number Federal Tax ID Number 196 PROPOSED GAMBLING PREMISE INFORMATION (if not owned by the Organization) * Hackamore Brewing Company * 18651 Lake Drive East * Zac Gleason *Property Owner Address 18651 Lake Drive East Chanhassen MN 55317 * Zac Gleason *Property Owner Phone Number (952) 952-4293 * zac@hackamorebrewing.com * Has the on-sale establishment or organization leasing its premises where gambling will occur been in violation of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to alcoholic beverages? No * Has the premise where gambling will occur been in violation of any land use or zoning ordinance, or owe delinquent local, state, or federal taxes, or is delinquent on any other bill? No SIGNATURE The data in this application will be used to approve your request and shall be deemed public unless private by State Statute. Private data is available to you and the city or state staff who need this information to perform their duties but is not available to the public. You are not legally required to provide this data, but the city may not be able to approve your request if you do not provide it. By entering their full name in the Signature box below, the Applicant, on behalf of the Organization, agrees to the following statements: I will familiarize myself with the provisions of the Chanhassen City Code, and with applicable Minnesota Statutes and federal regulations. This activity will be conducted in compliance with the above regulations, statutes and ordinances, and it is understood that failure to do so may constitute grounds for denial, suspension or revocation of this request. I declare that the information I have provided on this application is truthful and I understand that falsification of answers on this application will result in denial of the application. I authorize the City of Chanhassen to investigate and make whatever inquiries necessary to verify the information provided. I understand that copies of this organization’s Minnesota Gambling Tax Return must be filed with the City of Chanhassen Finance Director each month, along with a check for 10% of the organization's net profits derived from lawful gambling. I understand that this organization must expend at least 50 percent of its net profits derived from lawful gambling on lawful purposes conducted or located within the City or any municipality contiguous to the City. The 10% contribution required above shall be considered as part of the 50 percent expenditure. * Jason Schmidt APPLICATION CHECKLIST To prevent delay, please ensure the following information is submitted. Incomplete applications will not be accepted. Completed Criminal History Background Investigation Form for all organization officers and gambling manager Completed and signed LG214 Premises Permit Application, including attachments Completed and signed LG215 Lease for Lawful Gambling Activity, including attachments (if premises is leased) Floor plan or scale drawing of the premise, showing where gambling activity will be conducted The following documents will assist you in completing this application: Ordinance 716 Concerning Lawful Gambling adopted 10/09/2023 Criminal History Background Investigation Form LG214 Premises Permit Application LG215 Lease for Lawful Gambling Activity Please direct questions to the Chanhassen City Clerk by calling 952-227-1107 or emailing clerk@chanhassenmn.gov. Additional information can be found on the Minnesota Gambling Control Board's website. Business Name Business Street Address Property Owner Name Property Owner Contact Name Property Owner Email Enter Applicant's Full Name 197 *Upload completed LG214 Premises Permit Application with all attachments LG214 Signed.pdf Upload completed LG215 Lease for Lawful Gambling Activity with all attachments (if leasing the premises) LG215 Signed.pdf Upload Lease Agreement (if leasing the premises) **SKIPPED** *Upload signed and notarized Background Investigation Form(s) Terre Kemble.pdf *Upload floor plan or scale drawing of the premises showing the gambling location within the premise Floor plan.pdf **SKIPPED** ? Additional Information (if any) 198 MINNESOTA LAWFUL GAMBLING LG214 Premises Permit Application 6/15 Page 1 of 2 Annual Fee $15O (ron-nerunoeele) REQUIRED ATTACHMENTS TO LG214 1. If the premises is leased, attach a copy of your lease. Use LG215 Lease for Lawful Gambling Activity. 2. $150 annual premises permit fee, for each permit (non-refundable). Make check payable to "State of lrlinnesota." Mail the application and required attachments to: Minnesota Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Questions? Call 651-539-1900 and ask for Licensing ORGANIZATION INFORMATION Organization Name Rotary Club of Lake Minnetonka-Excelsior License Number: 94L72 Chief Executive Officer (CEO)Mark leter Daytime phone: 612-839-0000 Gambling Manager:Terri Lenz Daytime phone: 952-237-3302 GAMBLING PREMISES INFORMATION Current name of site where gambling will be conducted North Coop, LLC List any previous names for this location None Street address where premises is located 2401 Highway 7 (Do not use a P.O. box number or mailing address.) City: OR Township E-r=i-cl1anhaseD Zip Code 55331 Does your organization own the building where the gambling will be conducted? Yes r'No If no, attach LG215 Lease for Lawful Gambling Activity A lease is not required if only a raffle will be conducted. Is any other organization conducting gambling at this site?Yes r'No Don't know Note: Bar bingo can only be conducted at a site where another form of lawful gambling is being conducted by the applying organi- zation or another permitted organization. Electronic games can only be conducted at a site where paper pull-tabs are played. Has your organization previously conducted gambling at this site?r'No 't know GAMBLING BANK ACCOUNT INFORMATION; MUST BE IN MINNESOTA Bank Name Bridgewater Bank Bank Account Number:81073967 Bank Street Address:2445 Shadywood Rd.. Excelsior State: MN Zip 666s. 55331 ALL TEMPORARY AND PERMANENT OFF.SITE STORAGE SPACES Address (Do not use a P.O. box number) North Coop - 24OL Hy 7 City: Excelsior State: MN Zip Code 5s331 MN 5544tAdvance Record Mgt. 13700 Watertower Circle Plymouth MN I county: l.u*",. 199 LG214 Premises Permit Application 6/15 Page2ot2 ACKNOWLEDGMENT BY LOCAL UNIT OF GOVERNMENT: APPROVAL BY RESOLUTION (If none, attach meeting minutes.) Signature of City Personnel: Local unit of government must sign. Date Signed:Title City Name City of Chanhassen Date Approved by City Council Resolution Number CITY APPROVAL for a gambling premises located within city limits (If none, attach meeting minutes.) Signature of County Personnel: Complete below only if required by the county. On behalf of the township, I acknowledge that the organization is applying to conduct gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.2t3, Subd. 2.) Date Signed Date Signed County Jr16ms; carv€r Title: TOWNSHIP NAME Print Township Name Date Approved by County Board Resolution Number COUNTY APPROVAL for a gambling prcmises located in a township Signature of Township Officer: Title: ACKNOWLEDGMENT AND OATH 1. I hereby consent that local law enforcement officers, the Board or its agents, and the commissioners of revenue or public safety and their agents may enter and inspect the premises. 2. The Board and its agents, and the commissioners of revenue and public safety and their agents, are authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. 3. I have read this application and all information submitted to the Board is true, accurate, and complete 4. All required information has been fully disclosed. 8. Any changes in application information will be submitted to the Board no later than ten days after the change has taken effect. 9. I understand that failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. 10. I understand the fee is non-refundable regardless of license ?3 (designee may not sign) the organization approval/denial. 6. I assume full responsibility for the fair and lawful operation of all activities to be conducted. 7. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments to them. 5. I am the chief executive oata privaci yAice: The information requested on this form (and 9rr(y attachments) will be used by the Gamblingpontrol Board (Board) to determine your organization's qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the Information; however, if your organization refuses to supply this information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to issue a permit. If your organization supplies the information reguested, the Board will be able to process your organization's application. Your organization's name and address will be public information when received by the Board. All other information provided will be private data about your organization until the Board issues the permit. When the Board issues the permit, all information provided will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your organization's name and address which will remain public. Private data about your organization are available to: Board members, Eoard staff whose work requires access to the information; Minnesota's Department of Public Safety, Attomey General, Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your written consent. This form will be made available in altemative format. i.e. large print, braille, upon request, An equal opportunity employer 200 LEASE INFORMATION Organization: Rotary Club of Lake Minnetonka - Excelsior License/Site Number: 94172 Daytime Phone: 952-237-3302 City: Excelsior State: Zip: Mn 55331PO Box 176 Address: Name of Leased Premises North Coop, LLC Street Address: 2401 Highway 7 City: Excelsior State: ZipzMN 55331 Daytime Phone: 612-916-0280 Name of Legal Owner: Roger and Shannon Burks Business/Street Address: 2401 Highway 7 City: Excelsior Daytime Phone: 612-916-0280 State: Mn zip: 55331 Name of Lessor (if same as legal owner, write "SAllE") Roger and Shannon Burks 2401 hiqhway 7 Address State: Zip: Mn 55331 Daytime Phone: 612-916-0280 City Excelsior r'New or amended lease. Effective date: Upon Approval Submit changes at least ten days before the effective date of the change, New owner. Effective date: _. Submit new lease within ten days after new lessor assumes ownership. Check applicable item CHECK ALL ACTMTY THAT WILL BE CONDUCTED (no lease required for raffles) ( r'r' f] et"a.onic Linked Bingo Electronic aames may only be conducted: 1. at a premises licensed for the on-sale of intoxicating liquor or the on-sale of 3.2o/o malt beverages; or 2. at a premises where bingo is conducted as the primary business and has a seating capacity of at least 100. Electronic Pull-TabsPull-Tabs (paper) f] ertt-ruos (paper) with dispensing device I eaootewneet fleaootewneelwithtable Bar Bingo [aingo Tipboards ALL GAllES, including electrcnic games: Monthly rent to be paid: 10 o/o, not to exceed 1O9o of gross profits for that month. . Total rent paid from all organizations for only booth operations at the leased premises may not excccd +!,?=? . . The rent cap does not include BAR OPERATION rent fior electronic games condi;ct€.i li i ii,: l.;:1, . BAR OPERATION: All sales of gambling equipment conducted by the lessor or lessor's employee. ELEGTROI{IC GA}IES: Monthly rent to be paid: 15 o/o, not to exceed 1596 of the gross profits fo:'th:t ::::tl .'::: :l::i:::l- ^"rr }s}r games and electronic linked bingo games. ALL OTHER GAMES: Monthly rent to be paid: 0 o/o, not to exceed 2O96 of gross profits from all other forms of lawful gambling. o If any booth sales conducted by a licensed organization at the premises, rent may not exceed 1O96 of gross profits for that month and is subject to booth operation +1,750 cap. BINGO RENT (for leased premises where bingo is the primary business conducted, such as bingo hall) Bingo rent is limited to one of the following: . Rent to be paid: NA o/o, flot to exceed loqb of the monthly gross profit from all lawful gambling actlvities held during bingc occasions, excluding bar bingo. - oR- persquare foot, not to exceed 110% ofa comparable cost persquare foot for leased space, as approved by the director of the Gambling Control Board. The lessor must attach documentation, verified by the organization, to confirm the comparable rate and all applicable costs to be paid by the organization to the lessor. = Rent may not be paid for bar bingo. = Bar bingo does not include bingo games linked to other permitted premises. o Rate to be paid: $NA LEASE TERMINATION CLAUSE (must be completed) The lease may be terminated by either party with a written 90 day notice. Other terms MINNESOTA I.AWFUL GAMBLING LG215 Lease for Lawful Gambling Activity 6/15 Page I of 2 PULL.TAB,AND PADDLEWHEEL RENT rent fo!. t':cth rrJ l+-- ^--l BOOTH OPERATION: Some or all sales of gambling equipment are conducted by an cmplc',':;'.':!'::'-::: :l: l::::::i l;:::::::.: :t the leased premises. 201 LG215 Lease for Lawful Gambling Activity 6115 Page2of2 Other Prohibitions: The lessor will not impose restrictions on the organization with respect to providers (distributor or linked bingo game provider) of gambling-related equipment and ser- vices or in the use of net profits for lawful purposes, The lessor, the lessor's immediate family, any person residing in the same residence as the lessor, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. The lessor must not modifo or terminate this lease in whole or in part due to the lessor's violation of this provision. If there is a dispute as to whether a violation occurred, the lease will remain in effect pend- ing a final determination by the Compliance Review Group (CRG) of the Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the CRG. Access to Permitted Premises: Consent is given to the Board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel to enter and inspect the permitted premises at any reasonable time during the business hours of the lessor. The organization has access to the premises during any time reasonable and when necessary for the conduct of lawful gambling. Lessor Records: The lessor must maintain a record of all money received from the organization, and make the record available to the Board and its agents, and the commissioners of revenue and public safety and their agents upon demand. The record must be maintained for 3-112 years. Rent All-Inclusive: Amounts paid as rent by the organization to the lessor are all-inclusive. No other services or expenses provided or contracted by the lessor may be paid by the organi- zation, including but not limited to: - trash removal - electricity, heat - snow removal - storage- janitorial and cleaning services - other utilities or services- lawn services - security, security monitoring - cost of any communication network or service required to conduct electronic pull-tabs games or electronic bingo - in the case of bar operations, cash shortages. Any other expenditures made by an organization that is related to a leased premises must be approved by the director of the Board. Rent payments may not be made to an individual. Lease Term: The term of this agreement will be concurrent with the premises permit issued by the Gambling Control Board (Board). Management: The owner of the premises or the lessor will not manage the conduct of lawful gambling at the premises. The organization may not conduct any activity on behalf of the lessor on the leased premises. Participation as Players Prohibited: The lessor will not par- ticipate directly or indirectly as a player in any lawful gambling conducted on the premises. The lessor's immediate family and any agents or gambling employees of the lessor will not partici- pate as players in the conduct of lawful gambling on the premis- es, except as authorized by Minnesota Statutes, Section 349. 18 1. Illegal Gambling: The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7865.0220, Subpart 3. In addition, the Board may authorize the organization to withhold rent for a period of up to 90 days if the Board determines that illegal gambling occurred on the premises or that the lessor or its employees participated in the illegal gambling or knew of the gambling and did not take prompt action to stop the gambling. Continued tenancy of the organiza- tion is authorized without payment of rent during the time period determined by the Board for violations of this provision, as authorized by Minnesota Statutes, Section 349.18, Subd. 1(a). To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes, Section 609.75. Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an organization must continue making rent payments under the terms of this lease, if the organization or its agents are found to be solely responsible for any illegal gambling, conducted at this site, that is prohibited by Minnesota Rules 7851.0260, Subpart 1, item H, or Minnesota Statutes, Section 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. The lessor must not modify or terminate the lease in whole or in part because the organization reported, to a state or local law enforcement authority or to the Board, the conduct of illegal gambling activity at this site in which the organization did not participate. ACKNOWLEDGMENT OF LEASE TERMS I affirm that this lease is the total and only agreement between the lessor and the organization, and that all obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board Other terms of the lease: (Lessee): =: Signature of W,qls/nSignature of nt )^ of Lesiee: Srr*non &lrt s Title of Lessor:Print Name ttlail or fax lease to: / Minnesota Gambling Control Board 1711 W. County Road B, Suite 300 South Roseville, MN 55113Fax: 651-639-4032 Questions? Contact the Licensing Section, Gambling Control Board, at 651-539-1900. This publication will be made available in alternative format (i.e. large print, braille) upon request. Data privacy notice: The information requested on this form and any attachments will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. 202 Filing History Filing Date Filing Effective Date 10/01/2009 Original Filing - Nonprot Corporation (Domestic) (Business Name: Chanhassen Booster Club) Business Record Details » Chanhassen Booster Club Minnesota Business Name Business Type Nonprot Corporation (Domestic) MN Statute 317A File Number 3510731-2 Home Jurisdiction Minnesota Filing Date 10/01/2009 Status Active / In Good Standing Renewal Due Date 12/31/2024 Registered Ofce Address 2200 Lyman Blvd Chanhassen, MN 55317 USA Registered Agent(s) Terre Kemble President Terre Kemble 2200 Lyman Blvd Chanhassen, MN 55317 USA Filing History Select the item(s) you would like to order: Order Selected Copies 203 © 2024 Ofce of the Minnesota Secretary of State - Terms & Conditions The Ofce of the Secretary of State is an equal opportunity employer  Subscribe for email updates! Vulnerability Disclosure 204 I J 3 € !' --s -r(.I 'V+tq 53-+ a (r, n 205 City Council Item January 22, 2024 Item Resolution 2024-XX: Appoint Election Judges for the Presidential Nomination Primary Election and Establish Rates of Pay File No.Item No: D.13 Agenda Section CONSENT AGENDA Prepared By Kim Meuwissen, City Clerk Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts a resolution appointing election judges for the 2024 Presidential Nomination Primary Election and establishing rates of pay." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION State law requires that the City Council adopt a resolution appointing judges for upcoming elections and establishing their rates of pay. Please find attached a list of people who have agreed to serve in the upcoming Presidential Nomination Primary Election on March 5, 2024. This list was compiled using election judges who were trained and served in the 2022 Primary and General Elections. The resolution allows staff some flexibility to recruit more judges if needed. The City Council must also establish the rates of pay for the judges. Per Minnesota Statute 204B.31, 206 election judges shall receive at least the prevailing Minnesota minimum wage for each hour spent carrying out their duties at the polling places and in attending training sessions. The current Minnesota Minimum Wage is $10.85 per hour. Staff surveyed other Carver County cities as well as a few other cities in Minnesota as to what they were paying election judges. In previous election years, election judges were also paid a flat mileage rate to travel to and from the polls on election day and to and from required in-person training sessions at the Carver County Government Center in Chaska. In 2022 these amounts were $5.00 and $10.00, respectively. Upon review of the statute, the City Attorney confirmed that municipalities are not required to pay mileage to election judges, except to those election judges who travel to pick up election supplies or to deliver election returns to the county auditor. It was determined that the flat mileage amount paid in 2022 is the equivalent of approximately a $1.00 per hour increase in hourly pay. The results of the election judge pay survey and eliminating mileage pay were discussed with the Finance Director and City Manager. It was determined that the city stop paying the mileage amount and add the extra $1.00 per hour mileage equivalent to the hourly wage. Mileage would still be paid to those election judges who travel to pick up election supplies or to deliver election returns to the county auditor at a flat rate of $11. Additionally, election judge pay rates will increase by $1.00 per hour in 2024. The table below compares the 2022 and the 2024 election pay wages: Position 2022 Wage 2024 Wage Head Judge $14.00 $16.00 Assistant Head Judge $13.00 $15.00 Election Judge $12.00 $14.00 Student Judge $12.00 $14.00 NOTE: For the Presidential Nomination Primary Election, the city will be reimbursed by the State of Minnesota for election judge salary costs and statutorily required mileage reimbursement, polling place supplies, and costs to publish required statutory legal notices. BUDGET There are adequate funds in the current year's election budget to cover the election judge pay increase. RECOMMENDATION Staff recommends that the City Council adopt a resolution appointing election judges for the 2024 Presidential Nomination Primary Election on March 5, 2024 and establishing rates of pay. ATTACHMENTS Resolution 207 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: January 22, 2024 RESOLUTION NO:2024-XX MOTION BY: SECONDED BY: A RESOLUTION APPOINTING ELECTION JUDGES AND ESTABLISHING THEIR RATES OF PAY FOR THE PRESIDENTIAL NOMINATION PRIMARY ELECTION ON MARCH 5, 2024 WHEREAS, the City of Chanhassen is required by law to adopt a resolution appointing election judges and establishing the rates of pay for such. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen that the election judges for the Presidential Nomination PrimaryElection on March 5, 2024, are as listed on the attached Exhibit A, with the rate of pay established as follows: Position Wage Head Judge $16.00 Asst. Head Judge $15.00 Election Judge $14.00 Student Judge Trainee $14.00 BE IT FURTHER RESOLVED that mileage would be paid to those election judges who travel to pick up election supplies or to deliver election returns to the county auditor at a flat rate of $11; and BE IT FURTHER RESOLVED that staff may recruit additional judges or reassign judges as may be necessary. PASSED AND ADOPTED by the Chanhassen City Council on this 22 nd day of January 2024. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 208 EXHIBIT A Precinct 1 Mary Frerich, Head Judge Andrew Aller, Asst. Head Judge William Brechtel Dorothy Coffey Vicki Dillon Nick Litfin Kathleen Ring Nadine Rutledge Jennifer Weiner Patricia Williamson Precinct 2 Ken Larson, Head Judge Jennifer Hougham, Asst. Head Judge Nancy Crain Dorothy Downing Christopher Erickson Chad Herman Jay Johnson Julie Terpstra Precinct 3 Linda Mady, Head Judge Kim Meuwissen, Asst. Head Judge Peggy Burns Karen Jordan Mary Kraft Rebecca Rong Barbara Scharfenberg Perry Schwartz Frank Zimmerman Sheryl Zipf Precinct 4 Shirley Pzynski, Head Judge Grace Tripp, Asst. Head Judge Lisa Bachman Kathryn Bruner Linda Haight Mary Moulton Patricia Pekarek JoAnne Porter Gene Sipprell Precinct 5 John Price, Head Judge Connie Schibilla, Asst. Head Judge Mark Edman Alisa Lacomy Charlotte Means Jessica Oiseth Dan Rutledge Wren Wingblade Steven Lutgen Precinct 6 Gwen Michael, Head Judge Kim Current Nina Gilliam Jean Hess Patrick Nailon Michael Nothom Doris Pyle Judy Stoffel Warren Tyner Judith Van der Water 209 City Council Item January 22, 2024 Item Resolution 2024-XX: 2024 Fleet Purchases File No.CIP F-103 and F-451 Item No: D.14 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 authorizing 2024 Fleet purchases." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY This action for approval of two fleet replacement purchases: 1. Parks High Capacity Mower (F-451) 2. Tandem Axle Dump/Plow Truck (F-103); Accessories only; truck chassis will be separate due to State Contract ordering windows BACKGROUND Parks mower 451 is a 2012 Toro 4000-D with 5403 hours on it. The mower has reached it's recommended useful life and is proposed to be replaced with the same model. Dump/plow truck 103 is a 2007 Sterling with 99,970 miles on it. The truck has reached it's recommended useful life and is proposed to be replaced with a new Mack truck body. We're proposing to add an underbody plow to better clear iced up mainline roads, which would be the first truck in the fleet with this type of plow. 210 DISCUSSION N/A BUDGET Both of these purchases are included in the approved 2024-2028 Capital Improvement Plan (CIP). Parks Mower budget is $96,000 and the quote came in at $92,989.62 Dump/plow truck budget is $352,000, which includes both the truck chassis and accessories. The accessories quote came in at $183,891.00 RECOMMENDATION Staff recommends authorizing the 2024 Fleet purchases. ATTACHMENTS Resolution CIP F-103 Plow Truck Plow Truck Accessories Quote CIP F-451 Parks Mower Parks Mower Quote 211 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: January 22, 2024 RESOLUTION NO: 2024-XX MOTION BY: SECONDED BY: A RESOLUTION AUTHORIZING PURCHASES OF THE SCHEDULED YEAR 2024 VEHICLES AND EQUIPMENT WHEREAS,the City manages a fleet of vehicles and equipment; and WHEREAS,the approved 2024 Capital Improvement Plan includes the purchase of various new and/or replacement vehicles and pieces of equipment; and WHEREAS,the City obtained quotes from reputable dealers of the vehicles and equipment; and WHEREAS,the quotes received are within the budgeted amounts. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby authorizes the purchases of the planned 2024 fleet and equipment. PASSED AND ADOPTED by the Chanhassen City Council on this 22nd day of January 2024. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 212 Vehicle #103 - Streets Dump/Plow Truck Overview Request Owner Charlie Howley, PW Director/City Engineer Department Public Works Operations Type Capital Equipment Project Number F-103 Description This new plow truck will replace the existing 2007 Sterling Tandom Axle LT9500, which will be 17 years old in 2024.  The replacement for #103 is recommended to maintain a reliable truck eet.  Costs include truck chassis, dump box, hydraulic system, wing and underbody plow, tarp and sander. This type of vehicle is purchased using the State of MN cooperative bid system. Orders for truck chassis are typically required to be placed up to one year in advance of delivery. The plow trucks are also used to provide a variety of maintenance services throughout the community, beyond just plowing and hauling snow. The typical life expectancy of these vehicles is 18 years.  The truck and equipment come with a limited warranty. The existing truck will either be sold at auction or credited as a trade-in, with proceeds coming back into the Capital Equipment Fund. The cost shown does not include the offsets from trade-in or auction revenue. Details New Purchase or Replacement New New or Used Vehicle New Vehicle Useful Life 10 or more years 213 Capital Cost Breakdown Capital Cost FY2024 Total Vehicle Cost $352,000 $352,000 Total $352,000 $352,000 Capital Cost FY2024 Budget $352,000 Total Budget (all years) $352K Project Total $352K Capital Cost by Year Vehicle Cost 2024 $352,000.00 $0 $100K $200K $300K Capital Cost for Budgeted Years TOTAL $352,000.00 Vehicle Cost (100%)$352,000.00 214 Funding Sources Breakdown Funding Sources FY2024 Total Fleet Capital - Fund 400 $352,000 $352,000 Total $352,000 $352,000 Funding Sources FY2024 Budget $352,000 Total Budget (all years) $352K Project Total $352K Funding Sources by Year Fleet Capital - Fund 400 2024 $352,000.00 $0 $100K $200K $300K Funding Sources for Budgeted Years TOTAL $352,000.00 Fleet Capital - Fund 400 (100%)$352,000.00 215 216 217 218 219 220 221 222 223 224 225 226 227 228 Equipment #451 - Parks Mower Overview Request Owner Kelly Grinnell, Finance Director Department Park Maintenance Type Capital Equipment Project Number F-451 Description The City has 4 high-production mowers. Each machine is used daily during the growing season and needs to be in good working condition. This will replace the existing 2012 Toro Groundmaster 4000 Mower. Details New Purchase or Replacement Replacement New or Used Vehicle New Vehicle Useful Life 10 or more years Capital Cost Breakdown Capital Cost FY2024 Total Equipment Costs $96,000 $96,000 Total $96,000 $96,000 Capital Cost FY2024 Budget $96,000 Total Budget (all years) $96K Project Total $96K Capital Cost by Year Equipment Costs 2024 $96,000.00 $0 $25K $50K $75K Capital Cost for Budgeted Years TOTAL $96,000.00 Equipment Costs (100%)$96,000.00 229 Funding Sources Breakdown Funding Sources FY2024 Total Fleet Capital - Fund 400 $96,000 $96,000 Total $96,000 $96,000 Funding Sources FY2024 Budget $96,000 Total Budget (all years) $96K Project Total $96K Funding Sources by Year Fleet Capital - Fund 400 2024 $96,000.00 $0 $25K $50K $75K Funding Sources for Budgeted Years TOTAL $96,000.00 Fleet Capital - Fund 400 (100%)$96,000.00 230 231 232 City Council Item January 22, 2024 Item Positive Presence Global Introduction File No.Item No: E.1 Agenda Section VISITOR PRESENTATIONS Prepared By Laurie Hokkanen, City Manager Reviewed By SUGGESTED ACTION No action requested Motion Type N/A Strategic Priority Communications SUMMARY Founder and CEO of Positive Presence Global, Michelle Marie King, will attend the City Council meeting to share more about her organization and mission with the Mayor and City Council. BACKGROUND DISCUSSION BUDGET RECOMMENDATION 233 ATTACHMENTS 234 City Council Item January 22, 2024 Item Ordinance XXX: Amending Lot Cover Standards in the Shoreland Overlay Zoning District File No.Item No: G.1 Agenda Section GENERAL BUSINESS Prepared By Eric Maass, Planning Director Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts an ordinance amending Section 20-485 of the Chanhassen City Code increasing the amount of impervious lot cover allowed within the Shoreland Overlay Zoning District and directs staff to submit the adopted ordinance to the Minnesota DNR for final review and approval, and approves the summary ordinance for publication purposes." Motion Type 4/5 Vote Strategic Priority N/A SUMMARY The City Council has considered options for amending the city's ordinances such that greater lot cover would be allowable comparable to neighboring communities. The City Council gave direction to city staff to prepare a draft ordinance allowing up to 30% impervious lot cover within the shoreland overlay zoning district and to work with the DNR on the proposed ordinance amendment. Any amendments to the city's Shoreland Overlay Zoning Ordinance require DNR review and approval of the ordinance revisions. Staff has collaborated with the area hydrologist and DNR land use specialist on the ordinance included in this agenda item. The ordinance, as drafted, has conditional approval from the DNR through its implementation flexibility process. The ordinance, as drafted, satisfies the DNR's requirements for "alternate approaches" as a result of the required riparian vegetative buffers for the new impervious surface area between 25% and 30% of the total lot area. The "alternate approaches" 235 implementation flexibility can be found under Minnesota Rules 6120.2800 Subp. 3. BACKGROUND The attached ordinance amending the Shoreland Overlay Zoning District would allow a maximum of 30% impervious surface area for lots that were established prior to January 1, 1976. Currently, the city’s shoreland overlay zoning ordinance allows for a maximum impervious surface area of 25%, as outlined by the DNR’s model ordinance. The city currently has a total of 444 riparian lots. Of that, 253 were established prior to 1976. Those 253 lots would be eligible for up to 30% impervious lot coverage under the proposed ordinance amendment. The city has mapped requested variances, and an overwhelming number of the total variances requested have been on lots that have been identified as lots established prior to 1976. These lots are much narrower, some just 40 feet wide, than what is currently required for lot width by ordinance and, as a result, are also much smaller in total lot area than what ordinances would currently require. Lot cover variances requested for reasonable requests on substandard lots have typically been approved by the city when a practical difficulty can be established as required by state statute. The city has denied various lot cover variance requests if a practical difficulty could not be established because of a substandard lot or other practical difficulty established by statute. The proposed ordinance would alleviate many variance requests while empowering city staff to still require that Best Management Practices (BMPs) be utilized to mitigate the impact of increased impervious surface area. The draft ordinance requires that a BMP be established that is commensurate with the additional impervious lot cover between 25% and 30% of the lot area. The draft ordinance stipulates that an operations and maintenance agreement be executed and recorded against the property when necessary so that the city could inspect the BMP to ensure its existence and functionality over time. The ordinance also establishes the information required to be provided at the time of permit application so that city staff can properly review and verify BMP requirements. The draft ordinance also stipulates that extra protection not typically required by the ordinance be taken if the property is a riparian lot. That extra protection is the establishment of a shoreline vegetative buffer. The shoreline vegetative buffer would qualify as a BMP and may satisfy the BMP requirement. The total area of the shoreline vegetative buffer is proposed to be equal in size to the impervious area, between 25%-30% of the total lot area. The vegetative buffer area is proposed to have a length along the shoreline of at least 25% of the total linear lake frontage. The width of the shoreline vegetative buffer will be the width necessary so that the shoreline length multiplied by the width is then equal to the total square feet of impervious area. Example: A 200-square-foot paver patio is being proposed on a riparian lot that has 50 feet of lake frontage and which is already at 25% lot cover. The lot would have 200 square feet of impervious area over the standard 25% threshold as a result. A 200-square-foot shoreline vegetative buffer is required. The shoreline vegetative buffer would have to have a length of at least 12.5 feet of lake frontage (25% of the 50 feet of lake frontage). The shoreline vegetative buffer would then have to be at least 16 feet wide. The 12.5-foot lake length multiplied by the 16-foot wide (depth) = 200 square feet total area of shoreline vegetative buffer. Note: If the property owner desired an additional riparian length of the buffer area, the width could be reduced such that the total square feet of the buffer area remained equal to the 200 square feet outlined 236 in the above example. DISCUSSION BUDGET RECOMMENDATION The Planning Commission recommended 6-1 to deny the proposed ordinance amending the lot cover restrictions within the shoreland overlay zoning district. ATTACHMENTS Ordinance Summary Ordinance Planning Commission Meeting Summary Cover Memo to DNR DNR Ordinance Amendment Checklist Riparian lots map with past variances shown RSF zoning with Shoreland Overlay Map Water Resources Staff Report Riley Purgatory Bluff Creek Watershed District Comment Letter 237 Page 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. XXX AN ORDINANCE AMENDING CHAPTER 20, ZONING, OF THE CHANHASSEN CITY CODE AMENDING LOT COVER STANDARDS IN THE SHORELAND OVERLAY DISTRICT THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA, ORDAINS: SECTION 1.Section 20-485 Stormwater Management of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Section 20-485 Stormwater Management Lotcoverage of lots shall not exceed 25 percentof the lot area, exceptas follows: (a) 30percent imperviousshallbe allowed forlots zoned Residential Single Family (RSF) which were platted prior to January 1, 1976, with the following conditions: (1) Riparian Lots a. When exceeding 25 percent impervious coverage, riparian lots shall be required to have a shoreline vegetativebufferarea equalin size to the new impervious area proposed over 25 percent of the lot area. (Example:100squarefeetofimperviousareawillrequire100square feet of shoreline vegetative buffer area). 1. Theshorelinevegetativebufferwillbe required to encompass at least 25 percent or 20 feet of the linear water frontage, whichever is greater. The buffer width shall be the width necessary to achieve the required buffer area. (For example, 100 square feet of impervious area required with 25 feet of buffer length along the shoreline would require a vegetative buffer width of 4 feet.) 2. Ifthevegetative required isdetermined to beinfeasiblebythe City Engineer, alternative Best Management Practices (BMPs) shall be installed as outlined in section B. 3. Accessto thelakeforswimming ordock useshallbe maintained. 4.ThevegetativebuffermaysatisfytheBMPrequirement outlined below. b. Thefollowing shallbeprovided atthetime ofpermitapplication: 1. Pre-andpost-projectlotcovercalculations. 2. Water Quality Volume shall be calculated by 1.1 inch multipliedbytheareainsquarefeetofimperviousareaover 25 percent. 238 Page 2 3. BMPs shall be designed to treat the calculated amount of WaterQualityVolumecreatedbytheproposedimpervious area. 4. Project plans on a scaled survey shall show the proposed impervious surface as well as the offsetting location and designofBMPs.Thiscouldincludenativevegetativebuffers, rain gardens, rain barrels, infiltration/biofiltration basins/swales, etc.) 5. Anerosionandsedimentcontrolplaninaccordancewith Section 19-145 of the City Code. 6. Additional information, such as Hydrologic and Hydraulic Modeling,planscertifiedbyaprofessionalengineer,etc.,may be required as determined by the City Engineer when there is reasonable cause for concern of the impacts of the increased stormwater runoff. c. Changes in stormwater runoff shallnotcause adverse impacts to adjacent and downstream infrastructure. d. BMPs installed shall be privately owned and may require an OperationsandMaintenanceAgreementtoberecordedagainstthe property at the discretion of the City Engineer. e. Vegetative buffer areas shall be protected in an easement recorded againsttheproperty, and monumentsshallbeinstalled attheeasement boundary (2) Non-Riparian Lots a. Thefollowing shallbeprovided atthetime ofpermitapplication. 1. Pre-andpost-projectlotcovercalculations. 2. Water Quality Volume shall be calculated by 1.1 inch multipliedbytheareainsquarefeetofimperviousareaover 25 percent. 3. BMPs shall be designed to treat the calculated amount of WaterQualityVolumecreatedbytheproposedimpervious area. 4. Project plans on a scaled survey shall show the proposed impervious surface as well as the offsetting location and designofBMPs.Thiscouldincludenativevegetativebuffers, rain gardens, rain barrels, infiltration/biofiltration basins/swales. etc. 5. Anerosionand sedimentcontrolplanin accordance with Section 19-145 ofCity Code. 6. Additional information such as Hydrologic and Hydraulic Modeling,planscertified byaprofessional engineer,etc.may berequiredasdetermined bytheCityEngineerwhen thereis reasonable cause for concern of the impacts by the increased stormwater runoff. b. Changes in stormwaterrunoff shallnotcause adverse impacts to adjacent and downstream infrastructure. c. BMPs installed shall be privately owned and may require an 239 Page 3 OperationsandMaintenanceAgreementtoberecordedagainstthe property. (b) 35 percent formedium/high-density residentialzones;and (c) 70percentin industrialzoneswithin the Lake Susan Shoreland District. SECTION 2.This ordinance shall be effective immediately after its passage and publication. PASSED AND ADOPTED this 22nd day of January 2024 by the City Council of the City of Chanhassen, Minnesota. ATTEST: Kim Meuwissen City Clerk Elise Ryan, Mayor (Published in the Chanhassen Villager on ) 240 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. XXX AN ORDINANCE AMENDING CHAPTER 20, ZONING, OF THE CHANHASSEN CITY CODE AMENDING LOT COVER STANDARDS IN THE SHORELAND OVERLAY DISTRICT The purpose of this Code amendment is as follows: Section 20-485 Stormwater Management of the City Code is being amended to update lot cover standards in the Shoreland Overlay District. A printed copy of Ordinance No. XXX is available for inspection by any person during regular office hours at the office of the City Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 22nd day of January 2024 by the City Council of the City of Chanhassen. (Published in the Chanhassen Villager on ____________) 241 Memorandum To: City of Chanhassen Mayor and City Council From: Eric Maass, Planning Director CC: Laurie Hokkanen, City Manager Date: January 17, 2023 Re: Planning Commission Discussion Re: Ordinance No. 721 Amending Lot Cover in the Shoreland Overlay zoning district. Due to the timing of the Planning Commissions consideration of Ordinance No. 721 on January 16th, 2024 and the City Council’s consideration of the ordinance on January 22nd, 2024, meeting minutes for the January 16th, 2024 planning commission meeting were not yet available. Provided below is a summary of the discussion as well as the recommendation of the Planning Commission. The proposed ordinance would amend the maximum lot cover in the shoreland overlay district from 25% to 30% for lots which were established prior to January 1, 1976. The increased impervious surface between 25% and 30% of the lot would require offsetting Best Management Practices (BMP’s) to manage and mitigate for the increased stormwater runoff. Additionally, 25% or at least 20 feet, whichever is greater, of the shoreline would be required to be reverted to a native shoreline vegetative buffer. The offsetting BMPs and the naturalization of the shoreline are both requirements of the MnDNR in exchange for flexibility to the MnDNR’s model ordinance which limits lot cover within the shoreland overlay district to 25%. The MnDNR has given conditional approval of the proposed ordinance as currently drafted. If adopted by the City Council, the MnDNR will review the adopted ordinance to confirm it adheres to the ordinance which was conditionally approved prior to formal city review. The Planning Commission held a public hearing on January 16th, 2024. Below is a summary of the feedback shared by the individuals in attendance. • Concern that the proposed ordinance was creating a slippery slope of 25% to 30% now, but when a resident feels that 30% isn’t enough and wants 35% that the City will again 242 increase the lot cover and that while it wouldn’t be seen immediately, that the increased lot cover will have long term negative impacts on the city’s water resources. The Planning Commission recommended denial of the proposed ordinance amending the maximum lot cover in the shoreland overlay district on a 6-1 vote. A summary of their concerns and the basis of their denial recommendation is provided below. 1. The requirement of 1 sq ft of shoreline buffer area for each 1 sq ft of additional impervious surface between 25%-30% was inadequate and rather than breaking even, that for every 1 square foot of additional impervious surface between 25% and 30% should require 2 or more square feet of shoreline buffer area. Rather than a net even, it should be a net positive towards naturalization of the shoreline with exception of dock area. 2. The Planning Commission was not supportive of the RSF district increasing its lot cover and as a result should not support lots along the lake and within the shoreland overlay district more lot cover than their neighbors who are not within the shoreland overlay district. 3. The Planning Commission previously recommended unanimous denial of a similar ordinance revision regarding lot coverage. 4. The Planning Commission considers variance requests for lot cover on riparian lots and has a track record for approving variance requests when the requests meet state statutes for variances. 5. The proposed ordinance amendment does not align with the city’s local stormwater management plan goals and policies related to stringently enforcing lot coverage requirements within city code. 6. Many of the lakes and streams in Chanhassen are already considered impaired based on MPCA standards and additional lot cover will make it difficult to see those waterbodies improve in their designation. 7. Long term degradation of the city’s water bodies and impact on the city’s stormwater infrastructure. 8. City ordinances are available to the public and prospective property owners have the opportunity to know the existing regulations prior to any purchases being made. 9. Concern that moving from 25% to 30% now will become in the future request for moving from 30% to 35%. 10. The dissenting vote to the motion indicated general support for the trade off between additional lot cover and naturalization of a portion of the shoreline. Sincerely, Eric Maass, AICP, EDFP Planning Director City of Chanhassen 243 December 12, 2023 Taylor Huinker, Area Hydrologist Daniel Petrik, Land Use Specialist 1200 Warner Road St. Paul, MN 55106 Re: City of Chanhassen Shoreland Overlay Zoning Ordinance Amendment Proposal The City of Chanhassen is proposing to amend its Shoreland Overlay Zoning ordinance so that a maximum of 30% impervious surface area is allowable for lots which were established prior to January 1, 1976. Currently the City’s shoreland overlay zoning ordinance allows for a maximum impervious surface area of 25% as outlined by the DNR’s model ordinance. The city currently has a total of 444 riparian lots. Of that, 253 were established prior to 1976. Those 253 lots would be eligible for up to 30% impervious lot coverage under the proposed ordinance amendment. The City has mapped requested variances and an overwhelming number of the total variances requested have been on lots which have been identified as lots established prior to 1976. These lots are much narrower, some just 40 feet wide, than what is currently required for lot width by ordinance and as a result are also much smaller in total lot area than what ordinances would currently require. Lot cover variances requested for reasonable requests on substandard lots have typically been approved by the city when a practical difficulty can be established as required by state statute. The city has denied various lot cover variance requests if a practical difficulty could not be established because of a substandard lot or other practical difficulty established by statute. The proposed ordinance amendment would alleviate many variance requests while empowering city staff to still require that Best Management Practices (BMPs) be utilized to mitigate the impact of increased impervious surface area. The draft ordinance requires that a BMP be established that is commensurate with the additional impervious lot cover between 25% and 30% of the lot area. The draft ordinance stipulates that an operations and maintenance agreement be executed and recorded against the property when necessary so that the BMP could be inspected by the City to ensure its existence and functionality over time. The ordinance also establishes the information required to be provided at the time of permit application so that city staff can properly review and verify BMP requirements. The draft ordinance also stipulates that an extra protection not typically required by ordinance be taken if the property is a riparian lot. That extra protection is establishment of a shoreline vegetative buffer. The shoreline vegetative buffer would qualify as a BMP and may satisfy the BMP requirement. The total 244 area of the shoreline vegetative buffer is proposed to be equal in size to the impervious area between 25%-30% of the total lot area. The vegetative buffer area is proposed to have a length along the shoreline of at least 25% of the total linear lake frontage. The width of the shoreline vegetative buffer will be the width necessary so that the shoreline length multiplied by the width is then equal to the total square feet of impervious area. Example: - A 200sf paver patio is being proposed on a riparian lot that has 50’ of lake frontage and which is already at 25.0% lot cover. The lot would have 200sf of impervious area over the standard 25% threshold as a result. o A 200sf shoreline vegetative buffer required. ▪ The shoreline vegetative buffer would have to have a length of at least 12.5 feet of lake frontage. (25% of the 50’ of lake frontage) ▪ The shoreline vegetative buffer would then have to be at least 16 feet wide. o The 12.5’ lake length multiplied by the 16’ wide (depth) = 200sf total area of shoreline vegetative buffer. Note: If the property owner desired for additional riparian length of the buffer area, the width could be reduced such that the total square feet of the buffer area remained equal to the 200sf outlined in the above example. The City ’s Planning Commission will be considering the proposed ordinance amendment on January 16th, 2024, at which time they intend to hold a public hearing. The City Council anticipates considering the ordinance on January 22nd, 2024. The DNR requires 30 day advanced notice of the public hearing as well as DNR approval of deviations to the model ordinance through a flexibility agreement via offsetting alternate approaches program prior to that notice. The deadline for that notice and agreement on Offsetting Alternate Approaches is December 15th. Please advise if the proposed offsetting alternate approaches (shoreline vegetive buffers and BMP’s) outlined in the model ordinance is not adequate for that flexibility agreement. Thank you for your time and partnership in crafting the draft ordinance. Sincerely, Eric Maass, AICP, EDFP Planning Director City of Chanhassen Attachments: 1. Draft Shoreland Overlay Ordinance Amendment 2. Riparian Lot Map – showing riparian lots established pre/post 1976 as well as historical variances approved/denied. 3. Base Zoning and Shoreland Overlay Map – showing the Residential Single Family (RSF) zoning district and the Shoreland Overlay District boundaries. 245 Revised 05/18/2018 Shoreland Amendment Checklist Instructions: The DNR’s ordinance review process uses the model ordinance for evaluating compliance with the shoreland rules. Please email this completed checklist along with the proposed amendment (as a Word document) showing all proposed additions, deletions, and other modifications to your ordinance. For DNR conditional approval review, submit this checklist and your near final draft amendment at least 30 days before the public hearing at which the amendment will be considered. Email the completed checklist and ordinance amendment to ordinance.review.dnr@state.mn.us, and copy your Area Hydrologist (email addresses on 2nd page). Mailed documents cannot be accepted. Local Unit of Government: City of Chanhassen Ordinance Title: Shoreland Overlay Lot Cover Ordinance Person completing checklist: Eric Maass Title of person completing checklist: ____Planning Director________________________ __________ Provide a brief explanation of the key issues you want the proposed ordinance amendment to address: The proposed ordinance would amend the city’s shoreland overlay district ordinance such that properties which were platted prior to January 1, 1976 would be allowed a maximum impervious lot cover of 30% so long as the increased lot cover was mitigated through BMP’s. Briefly describe any proposed modifications from Key Protection Provisions. For any proposed modifications to provisions identified as “Key Protection Provisions” in the model ordinance (identified in the model with Black Bold text) that do NOT meet the minimum standards, explain why the modifications are needed and how you plan to offset them with other provisions that exceed the minimum standard. The City would require at the time of application the proposed location of impervious surface, the water quality volume created by the impervious area be provided, and the proposed design of the mitigating BMP. The BMP would be privately owned and required to be maintained. Additionally a shoreline vegetative buffer with a minimum lake frontage of 25% of the total water frontage would be required and protected by an easement which will be required to be recorded against the property and monuments installed outlining the easement area. Directions for Completing Checklist Table: 1) In Column A, specify the location of each provision being modified, deleted or added in your proposed amendment. Please bold any provision that is a “Key Protection Provision.” These provisions are identified with Black Bold text in the model ordinance. Any proposal to weaken these provisions generally requires higher standards on other provisions unless the provisions are not applicable. See MR 6120.2800 Subd. 3 for more information. 2) In Column B, cite the location of the provision in the shoreland model ordinance. 3) In Column C, briefly explain why the provision is being modified, deleted or added. 4) For amendments with no content change, such as recodifications or re-organizations, you DO NOT need to complete this table. 246 Revised 05/18/2018 Local Government to Complete DNR Informal & Conditional Approval Review DNR Final Approval Review A. Provisions being modified, deleted, or added. Local Government Ordinance Citation and brief description or title. B. Shoreland Model Ordinance Citation C. Local Government Comments For each provision that has been modified, deleted, or added, briefly explain why. D. DNR Determination of Compliance with Minimum Standards Place an “X” in the relevant column when determination made. Place a “?” in the relevant column for provisions that need clarification. When clarification received, delete the “?,” place an “X” in the relevant column. E. DNR Review Comments • If a proposed provision is missing, not applicable, or has been modified and is acceptable (marked with a “N/A” or “meets” in column D), briefly explain why in this column. • If a provision is marked “Below” in Column D, address as a “red” comment in the proposed amendment and place a “✓” in Column F. • If a provision marked “Below in Column D, is part of an implementation flexibility agreement, write “offset per term of implementation flexibility agreement” in this column and place a “✓” in Column F. • If a proposed provision is marked with a “Higher” in Column D, acknowledge as a higher standard as a “green” comment in the proposed ordinance, and explain why it is a higher standard in this column. F. Conditions of Approval Place a “✓” for conditions of final approval. G. Verification Place a “✓” for conditions that have been met. Only verify for items that have been “✓” in column F. Meets Below Higher N/A 20—615(e) 3.7 Mitigation Allowing for increased lot cover when zoned single family residential and in shoreland overlay district but proportional mitigation required. ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ To be filled out by DNR: DNR Staff Reviewing for conditional approval: Date review finished: DNR Staff Reviewing for final approval: Date review finished: DNR Staff Reviewing for higher standards: Date review finished: 247 248 249 Memorandum To:Eric Maass, Planning Director From:Joe Seidl, Water Resources Engineer CC: Charles Howley, Public Works Director/City Engineer George Bender, Assistant City Engineer Erik Henricksen, Project Engineer Date:1/10/2024 Re:Amending Lot Cover Standards within the Shoreland Overlay District and the Residential Single Family Zoning District Introduction The City of Chanhassen is considering increasing the maximum amount of lot cover allowed from 25% to 30% within both the Shoreland Overlay District and the Residential Single Family Zoning District. The Water Resources Division does not support the ordinance amendments to increase lot cover. Water Resources staff believe that the increase in lot cover without the construction of offsetting Best Management Practices (BMPs) has the potential to cause adverse impacts. Lot cover or impermeable surfaces caused by urbanization and the construction of buildings, pavement, etc. can have several negative effects on downstream lakes, streams, and wetlands and the overall environment. Water Resources and Planning staff have however worked successfully with the DNR to incorporate strategies related to the Shoreland Overlay District that help mitigate potential effects. The potential effects can include: Increased runoff: Lot cover prevents rainwater from infiltrating into the ground and/or uptake by vegetation (trees and shrubs) . Instead, the water flows over the surface and increases the volume and velocity (rate) of the runoff; which can cause flooding and erosion in nearby streams and rivers, and could overwhelm existing downstream storm sewer collection and treatment systems, especially if those systems are already undersized due to elevated rainfall amounts and intensity. 250 Reduced infiltration: When rainwater cannot penetrate the soil, it cannot recharge groundwater supplies. This can lead to a decrease in the water table, which can cause wells to run dry and streams to dry up. Water quality degradation: As runoff flows over the land, it picks up pollutants such as oil, fertilizers, and pesticides, and carries them into nearby waterways. This can lead to decreased water quality and harm aquatic ecosystems and the organisms that depend on them. Increased temperature: Urban areas with increased lot cover tend to be hotter than surrounding areas due to the absorption of heat by buildings and pavement. This can lead to warmer water temperatures in streams and rivers, which can negatively impact aquatic life. The increase in stormwater volumes and runoff rates generated by impervious surfaces can cause issues if not mitigated by the construction of stormwater Best Management Practices (BMPs). The following sections provide background information to inform Chanhassen’s Planning Commission and City Council. What is a stormwater BMP? Stormwater Best Management Practices (BMPs) are a set of techniques and practices designed to manage and treat stormwater runoff, which is rainwater and other precipitation that flows over the ground and into storm drains or other bodies of water. Stormwater BMPs are designed to reduce the negative impacts of stormwater runoff, such as flooding, erosion, and pollution generated by impervious surfaces. Overall, stormwater BMPs work by mimicking natural systems and processes to manage and treat stormwater runoff by facilitating infiltration, filtration, settling, and evapotranspiration. Commonly used stormwater BMPs include infiltration basins, biofiltration basins, wet ponds, rain gardens, green roofs, and permeable pavers. Proposed Lot Cover Ordinance Amendment in the RSF Zoning District The proposed Lot Cover Ordinance within the Residential Single Family Zoning District does not have any provisions included that require the construction of offsetting BMPs. The ordinance amendment would increase the maximum lot cover allowed within a property from 25% to 30%. 251 Proposed Lot Cover Ordinance Amendment in the Shoreland Overlay District The proposed Lot Cover Ordinance within the Shoreland Overlay District would increase the maximum lot cover allowed for a property from 25% to 30% and includes provisions that would require the applicant to construct and maintain a BMP to offset the increase in impervious surface constructed. For properties adjacent to water resources the BMP would be a natural vegetative buffer sized as a 1 to 1 ratio to the impervious area over the 25% threshold. All other properties would be required to construct a BMP with a design approved by Water Resources staff. City Staff worked with the Department of Natural Resources Hydrologist to develop the proposed ordinance. The ordinance would allow lot cover flexibility within the Shoreland Overlay district and would help the DNR achieve their goal of naturalizing the shoreland. The provisions include the creation of a maintenance declaration that would be recorded against the property to ensure the stormwater treatment improvement would be protected. How are impervious surfaces regulated? The construction and reconstruction of impervious surfaces are regulated locally by the City of Chanhassen and by local Watershed Districts, including the Riley Purgatory Bluff Creek Watershed District (RPBCWD), Minnehaha Creek Watershed District (MCWD), Lower Minnesota River Watershed District (LMRWD) and the Carver County Water Management Organization (CCWMO). The Metropolitan Pollution Control Agency (MPCA) also regulates the construction of impervious surfaces through the Municipal Separate Storm Sewer System (MS4) Permit and National Discharge Elimination System Construction Stormwater (NPDES) Permit. In general, when a project is proposed, the amount of impervious surface being constructed is quantified and converted into a Water Quality Volume (WQV) by multiplying the new impervious surface area by 1.1 inch. For example, a project creating 1 acre of new impervious surface would be required to design BMPs to treat a WQV of: 1 Acre =43,560 Square Feet X 1.1 Inch/(12 Inch/Foot) = 3,993 Cubic Feet of Treatment Required In this example, as part of the project design, the project proposers would implement BMPs to treat the WQV and create Hydrologic and Hydraulic (H&H) Models to compare existing and proposed conditions to ensure stormwater is managed properly and will not create adverse impacts downstream. The requirements for the construction of BMPs and H&H modeling are generally associated with defined amounts of impervious surface. For example, the RPBCWD has a stormwater 252 treatment requirement trigger set to 5,000 square feet of impervious surface being constructed. The typical residential improvements (patios, decks, additions, etc.) governed by the proposed ordinance amendment would not trigger the threshold to mandate stormwater treatment. This gap in regulation creates a problem because the smaller individual projects might not create visible issues, but the cumulative impact of many smaller projects would create stormwater management problems. Standard practice is to ensure subdivision development projects design BMPs for the maximum lot cover allowed within the parcels generated. Any increase to the lot cover after the fact would create additional stormwater volumes in excess to those accounted for in the original design. What are potential impacts that residents could experience? The existing stormwater infrastructure within Chanhassen would still serve to offset some of the impacts noted above, including flood mitigation and pollutant removal. However, the infrastructure was not designed for the increased lot cover allowances proposed nor the additional stormwater runoff that would be generated. In general, Chanhassen stormwater infrastructure is undersized due to when it was designed, therefore the additional runoff generated would act to further tax our drainage system. Over time, if unmitigated lot cover were to increase, residents could experience some of the following impacts: Increased pollutant loads in stormwater ponds and water resources, which would degrade water quality and increase the frequency and scale of algae blooms. Increased frequency and duration of street flooding and high water levels of stormwater ponds and water resources. Increased erosion of natural and manmade stormwater conveyance systems. Increased frequency and duration of nuisance drainage issues, such as wet yards, sump pump discharge, and standing water. How would the stormwater BMP improvements be regulated and managed for the Shoreland Overlay District? City staff would ensure the natural vegetative buffer or stormwater BMP was sized correctly as regulated by City Ordinance during review of the building permit. Template maintenance agreements and buffer declarations are available and would be provided to project proposers. 253 After construction, the BMP would be added into the asset management database managed by the City’s engineering department. City staff would need to expand the current program that tracks and completes inspections on private BMPs to ensure the assets function as designed. When problems are identified, City staff would work with residents to get the issues resolved. Depending on the scale of the problem and the resident’s commitment to complete the work, the amount of time it would take to resolve a specific problem could vary greatly. How do other agencies view the Proposed Lot Cover Ordinance Amendments? The proposed ordinance changes to increase lot cover were coordinated with the water management organizations that regulate the City of Chanhassen, including the Minnesota Department of Natural Resources (DNR), RPBCWD, MCWD, MRWD, and CCWMO. In general, these agencies are opposed to regulations that would generate additional impervious surfaces without the construction of corresponding BMPs to mitigate adverse impacts. Correspondence and memos provided by the agencies are included in the agenda item packet. What is the guidance from Chanhassen’s Local Stormwater Management Plan? The Local Stormwater Management Plan adopted in December of 2018 is intended to provide the City of Chanhassen with information and direction in the administration and implementation of water resource management activities within the City during the period 2018-2027. It serves as a guide to projects, provides for effective allocation of resources, and sets forth a funding plan for projects and programs over the next 5 to 10 years. The Local Stormwater Management Plan includes goals and policies to help achieve those goals. Included below are the most pertinent sections regarding the proposed Ordinance Amendments that would increase maximum lot cover allowances: Goal 1 reads: “Promote abstraction through infiltration, reuse and other methods where practicable to do so to provide flood protection, ground water recharge and improved water quality.” Within Goal 1 the two most relevant polices to the proposed ordinance amendments are outlined below: Policy 1.4. Continue to stringently enforce lot coverage requirements set forth in City Code and development contracts. 254 Policy 1.2. Require all development and redevelopment projects to demonstrate no net increase in the annual runoff water volume discharged from the site compared to pre-development conditions. The proposed ordinance amendments within the RSF Zoning District are in direct conflict with the goals and policies of the Local Surface Water Management Plan. Without offsetting BMPs, the increased hardcover would act to inhibit infiltration, reduce flood protection and groundwater recharge, and decrease water quality. Goal 2 reads: “Achieve water quality standards in lakes, streams, and wetlands consistent with their designated uses and established classifications.” Within Goal 2 the policy outlined that is most relevant to the proposed ordinance amendment that would increase the maximum Lot Cover allowance within the Shoreland Management District is: Policy 2.15 Maintain a shoreland ordinance consistent with DNR requirements and recommendations to promote and encourage shoreland protection. The proposed Lot Cover ordinance modifications were coordinated with the DNR and received conditional approval from the local area Hydrologist. While in general increases in lot cover are not supported by the DNR, the ordinance changes within the Shoreland Overlay District and the regulations that mandate the creation of natural vegetative buffers and stormwater BMPs are viewed as a reasonable trade to allow Chanhassen residents flexibility for improvements on their property that would increase lot cover. Therefore, the proposed ordinance changes within the Shoreland overlay district are consistent with Policy 2.15. It must be noted that water quality within large portions of the City of Chanhassen is below standards set by the MPCA. Several of the local lakes and streams are on the impaired waters list and therefore Chanhassen is not achieving Goal 2 of the Local Surface Water Management Plan. The proposed Ordinance amendments within the Shoreland Overlay District do not apply to reconstructed impervious surfaces and therefore only act to preserve the current state of the local water resources. The Water Resources Department recommends that the ordinance proposed be amended to include BMP requirements for reconstructed impervious areas to improve the quality and character of receiving water bodies as redevelopment occurs. 255 protect. manage. restore. 18681 Lake Drive East Chanhassen, MN 55317 952-607-6512 www.rpbcwd.org January 17, 2024 Joe Seidl, PE Water Resources Engineer Engineering Department City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 RE: Proposed ordinance changes to impervious lot coverage Dear Mr. Seidl, This letter is sent on behalf of the Riley Purgatory Bluff Creek Watershed District. It is meant to provide comment on the Proposed Lot Coverage ordinance changes as provided by Eric Maass in an email sent on January 9, 2024. I would like to state, in no uncertain terms, that the RPBCWD is opposed to this proposed regressive change. This change would be antithetical to all watershed science to date as well as to MN Statute 6120.3300, Subp. 11, B.(1) which reads as follows: “Impervious surface coverage of lots must (emphasis added) not exceed 25% of the lot area.” Numerous studies (Klein 1979; Griffin 1980; Schueler 1987; Todd 1989; Schueler 1992; Booth and Reinfelt 1993; Schueler 1994; Hicks 1995) have shown a clear inverse relationship between watershed imperviousness and surface water impairment. As impervious surface increases, so does runoff quantity, rate, temperature, and pollutant loading. At between 10-20% these metrics all double from a natural landscape. At 35% impervious surface, runoff triples and groundwater recharge is reduced by as much as 40%. The City of Chanhassen has firsthand knowledge of the issues of diminished groundwater having had three wells pumped dry not even 20 years ago. At 10% impervious surface in a watershed, streams are impacted and freshwater wetland habitat becomes degraded. At 30% impervious, streams are degraded, resulting in the impairments we see in Bluff and Riley Creeks. In 1994, the EPA declared that non-point source pollution (i.e. stormwater runoff) is the number one cause of water impairments. This has only increased since that time. This stormwater runoff has led to impairments of Lake Susan, Rice Marsh Lake, Lake Riley, Lotus Lake, Bluff Creek, and Riley Creek. 256 2 The RPBCWD has an annual budget of approximately $7,000,000 that is going to address these impairments created by land use patterns in the region. This budget will invariably need to increase as the amount of impervious surface increases. It is fiscally responsible to limit impervious surface to avoid the deleterious impacts to the water resources we all enjoy and that contribute so much to the quality of life enjoyed by the citizens of Chanhassen and the rest of the RPBCWD. Sincerely, Terry Jeffery, District Administrator Riley-Purgatory-Bluff-Creek Watershed District cc. Eric Maass, City of Chanhassen Laurie Hokkanen, City of Chanhassen Taylor Huinker, MN Department of Natural Resources Wes Saunders-Pearce, MN Department of Natural Resources 257 City Council Item January 22, 2024 Item Ordinance XXX: Amending Lot Cover Standards in the Single Family Residential (RSF) Zoning District File No.Item No: G.2 Agenda Section GENERAL BUSINESS Prepared By Eric Maass, Planning Director Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts an ordinance amending lot cover standards in the Single- Family Residential (RSF) zoning district, and approve summary ordinance for publication purposes." Motion Type 4/5 Vote Strategic Priority N/A SUMMARY The City Council has considered options for amending the city's ordinances related to lot cover. The City Council gave direction to city staff to prepare a draft ordinance revising language that would allow for impervious lot cover up to 30% within the Residential Single Family (RSF) zoning district without the need to utilize permeable pavers. BACKGROUND Currently, the RSF zoning district allows for a 25% impervious lot cover base. Property owners can have an additional 5% lot cover through permeable pavers. The ordinance, as drafted, would allow for up to 30% impervious lot cover but not dictate that a property owner utilize pervious pavers to do so. As previously presented, pervious pavers can be costly and require routine maintenance. If installed incorrectly or not properly maintained, the pavers can revert from their initial pervious state into an impervious state. The ordinance amendment would lift the pervious paver requirement and allow for the 258 30% lot cover to be available for all RSF property owners. The city currently has 42 Planned Unit Developments (PUDs) in place. Thirty-nine (39) of the possible 42 PUDs stipulate within the PUD ordinance the specific governance for lot cover for those developments, most of which allow for a lot cover of at least 30%. The three PUDs that indicate that the underlying RSF zoning shall regulate the lot cover include Ches Mar Farm and Trail, Lake Susan Hills, and Mission Hills. Attached to this case is a table summarizing the various PUDs in place and their corresponding lot cover limitations. DISCUSSION The Planning Commission held a public hearing at their meeting on January 16, 2024. A summary of the public comment received is included in the meeting summary memo. BUDGET RECOMMENDATION The Planning Commission voted 7-0 to recommend denial of the proposed ordinance amendment. ATTACHMENTS Ordinance Summary Ordinance Planning Commission Meeting Summary Residential PUD Lot Cover Table Water Resources Staff Report Riley Purgatory Bluff Creek Watershed District Comment Letter 259 Page 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. XXX AN ORDINANCE AMENDING CHAPTER 20, ZONING, OF THE CHANHASSEN CITY CODE AMENDING LOT COVER STANDARDS IN THE RESIDENTIAL SINGLE FAMILY (RSF) ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA, ORDAINS: SECTION 1.Section 20-615 Lot Requirements and Setbacks of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Section 20-615 Lot Requirements and Setbacks The following minimum requirements shall be observed in an "RSF" District subject to additional requirements,exceptions and modifications set forth in this chapter and chapter 18: (a)The minimum lot area is 15,000 square feet. For neck or flag lots, the lot area requirements shall be met after the area contained within the "neck"has been excluded from consideration. (b)The minimum lot frontage is 90 feet,except that lots fronting on a cul-de-sac "bubble" shall be 90 feet in width at the building setback line. The location of this lot is conceptually illustrated below. Frontage Measured at Setback Line 260 Page 2 (c)The minimum lot depth is 125 feet. (d)Lot width on neck or flag lots and lots accessed by private streets shall be 100 feet as measured at the front building setback line.The location of these lots is conceptually illustrated below. Neck/Flag Lots (e)The maximum lot coverage for all impervious surfaces is 30 percent,unless further restricted by the City's Shoreland Management District. For flag/neck lots neither the area within the neck, nor the lot coverage of the driveway within the neck shall be included within the calculation of the lot area or lot coverage of the lot. (f)The setbacks are as follows: (1)For front yards, 30 feet. (2)For rear yards, 30 feet. (3)For side yards, ten feet. (g)The setbacks for lots served by private streets and/or neck lots are as follows: (1) For front yard, 30 feet. The front yard shall be the lot line nearest the public right-of-way that provides access to the parcel unless otherwise designated in 261 Page 3 accordance with section 20-922. The rear yard lot line is to be located opposite from the front lot line with the remaining exposures treated as side lot lines. On neck lots the front yard setback shall be measured at the point nearest the front lot line where the lot achieves a 100-foot minimum width. (2) For rear yards, 30 feet. (3) For side yards, ten feet. (h) The maximum height is as follows: (1) For the principal structure, three stories/35 feet. (2) For accessory structures, one story/20 feet. SECTION 2.This ordinance shall be effective immediately after its passage and publication. PASSED AND ADOPTED this 22nd day of January 2024 by the City Council of the City of Chanhassen, Minnesota. ATTEST: Kim Meuwissen City Clerk Elise Ryan, Mayor (Published in the Chanhassen Villager on ) 262 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. XXX AN ORDINANCE AMENDING CHAPTER 20, ZONING, OF THE CHANHASSEN CITY CODE AMENDING LOT COVER STANDARDS IN THE RESIDENTIAL SINGLE FAMILY (RSF) ZONING DISTRICT The purpose of this Code amendment is as follows: Section 20-615 Lot Requirements and Setbacks of the City Code is being amended to update lot cover standards in the Residential Single Family (RSF) Zoning District. A printed copy of Ordinance No. XXX is available for inspection by any person during regular office hours at the office of the City Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 22nd day of January 2024 by the City Council of the City of Chanhassen. (Published in the Chanhassen Villager on ____________) 263 Memorandum To: City of Chanhassen Mayor and City Council From: Eric Maass, Planning Director CC: Laurie Hokkanen, City Manager Date: January 17, 2023 Re: Planning Commission Discussion Re: Ordinance No. 722 Amending Lot Cover in the Residential Single Family (RSF) zoning district. Due to the timing of the Planning Commissions consideration of Ordinance No. 722 on January 16th, 2024 and the City Council’s consideration of the ordinance on January 22nd, 2024, meeting minutes for the January 16th, 2024 planning commission meeting were not yet available. Provided below is a summary of the discussion as well as the recommendation of the Planning Commission. The proposed ordinance would amend the maximum lot cover in the Residential Single Family (RSF) zoning district from it’s current limitation of 25% impervious lot cover plus an additional 5% of lot cover through the use of permeable pavers to a 30% impervious lot cover with no use of permeable pavers being required. The Planning Commission held a public hearing on January 16th, 2024. Below is a summary of the feedback shared by the individuals in attendance. • Difficulty in using permeable paver systems in their design, instillation, and long term maintenance. • Concern that the proposed ordinance was creating a slippery slope of 25% to 30% now, but when a resident feels that 30% isn’t enough and wants 35% that the City will again increase the lot cover and that while it wouldn’t be seen immediately, that the increased lot cover will have long term negative impacts on the city’s water resources. The Planning Commission recommended a unanimous 7-0 denial of the proposed ordinance amending the maximum lot cover in the RSF district. A summary of their concerns and the basis of their denial recommendation is provided below. 264 1. A Best Management Practice (BMP) would not be required to mitigate for the additional 5% of lot cover. 2. The Planning Commission previously recommended unanimous denial of a similar ordinance revision regarding lot coverage. 3. The Planning Commission considers variance requests for lot cover and has a track record for approving variance requests when the requests meet state statutes for variances. 4. The proposed ordinance amendment does not align with the city’s local stormwater management plan goals and policies related to stringently enforcing lot coverage requirements within city code. 5. Many of the lakes and streams in Chanhassen are already considered impaired based on MPCA standards and additional lot cover will make it difficult to see those waterbodies improve in their designation. 6. Long term degradation of the city’s water bodies and impact on the city’s stormwater infrastructure. 7. City ordinances are available to the public and prospective property owners have the opportunity to know the existing regulations prior to any purchases being made. 8. Concern that moving from 25% to 30% now will become in the future request for moving from 30% to 35%. Sincerely, Eric Maass, AICP, EDFP Planning Director City of Chanhassen 265 SITE # PROJECT FILE NO. DESIGN STANDARD LOT COVER LISTED DETAILS NOTES 1 Minnewashta Creek 75-1 SUB Design Standard Y 25% 2 Red Cedar Cove Townhouses 85-5 PUD Design Standard Y 25% Can be averaged throughout the entire development 3 Ches Mar Farm & Trail 84-2, 88-1, 91-1 PUD Design Standard N 4a Meadows at Longacres 92-4 PUD Design Standard Y 25% 4b Woods at Longacres 93-3 PUD Design Standard Y 25% 5 Highlands at Bluff Creek 2003-3 PUD Design Standard Y 30% 6 Arboretum Village 99-2 PUD Design Standard Y 70% commercial / 30% total site 7 Pheasant Hills 83-1 PUD Design Standard Y 30% 8 The Park 2019-01 PUD Design Standard Y 36.7% for 90 ft lots / 52% for 65 ft lots Preserved 50 acres of woods adjacent top Lake Ann 9 Walnut Grove 96-04 PUD Design Standard Y 30% 10 WillowRidge 91-3 PUD Design Standard Y 25% in Shoreland / 30% Elsewhere 11 Chaparral 78-01, 79-3 PUD Design Standard Y 30% Can be averaged throughout the entire development 12 Triple Crown Estates 85-2 PUD Design Standard Y 30% 13 Chanhassen Vista 86-1 PUD Design Standard Y 30% 14 Saratoga 1st and 2nd Additions 77-1 PUD Design Standard Y 30% Can be averaged throughout the entire development 15 Saratoga 3rd Addition 98-2 PUD Design Standard Y 65% Multi-family residential 16 Western Hills 79-6 PUD Design Standard Y 30% 17 Laredo Lane 75-2 PUD Design Standard Y 30% 18 Oak Ponds 92-3 PUD Design Standard Y 50% Multi-family residential 19 Near Mountain 79-2 PUD Design Standard Y 25% / 25% / 30% / 30% Varies based on housing types 20 Fox Hollow 84-1 PUD Design Standard Y 25% Can be averaged throughout the entire development 21 South Lotus Lake 85-4 PUD Design Standard Y 25% in Shoreland / 30% Elsewhere 22 South Lotus Villas 89-4 SPR Design Standard Y 54% High-density residential 23 Townhomes at Creekside 96-3 PUD Design Standard Y 30% Averaged from the entire development, including the public and private streets and Outlots, may not exceed 30 percent hard coverage. Individual lots will exceed the 30 percent site coverage. 24 Trotters Ridge 93-2 PUD Design Standard Y 30% 25 Lynmore Addition 98-1 PUD Design Standard Y 30% 26 Autumn Ridge Townhouses 93-5 PUD Design Standard Y 30% Averaged from the entire development, including the public and private streets and Outlots, may not exceed 30 percent hard coverage. Individual lots will exceed the 30 percent site coverage. 27 Lake Susan Hills 87-3 PUD Design Standard N Includes RSF, R-8, and R-12/16 28 Chanhassen Hills 85-6 PUD Design Standard Y 25% 29 West Park 2017-12 PUD Design Standard Y 50% RSF and Mixed Use 30 Chanhassen Gateway 2006-05 PUD Design Standard Y 50% Residential / 70% Commercial and Office 31 Hidden Valley 85-1 PUD Design Standard Y 25% in Shoreland / 30% Elsewhere 32 Mission Hills 93-4 PUD Design Standard N 33 Preserve at Rice Lake 2013-12 PUD Design Standard Y 30% 34 Southwest Village 2006-18 PUD Design Standard Y 50% / 70% Commercial and Transit Facility 35 North Bay 95-1 PUD Design Standard Y 50% The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. (Townhomes) 36 Lakeside 2006-26 PUD Design Standard Y 50% The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. (Twinhomes, townhomes, and condos) 37 Springfield 1993-06 PUD Design Standard Y 25% in Shoreland / 30% Elsewhere 38 Arbor Glen 2015-16 PUD Design Standard Y 59% Residential The entire development, including the private street and outlots, may not exceed 25 percent hard coverage. 39 Preserve at Bluff Creek 2006-14 PUD Design Standard Y 45% Residential The entire development, including the public and private streets and Outlots, may not exceed 30 percent hard coverage. Individual lots will exceed the 30 percent site coverage. 40 Liberty on Bluff Creek 2005-11 PUD Design Standard Y 30% Averaged from the entire development. 41 Camden Ridge 2013-13 PUD Design Standard Y 25% Shoreland / 35% Total The entire development, including the public and private streets and Outlots, may not exceed 35 percent hard coverage. Individual lots may exceed the 35 percent site coverage. Lots within the shoreland district may not exceed 25 percent site coverage. 42 Lake Lucy Island 2020-23 PUD Design Standard Y 25% 266 Memorandum To:Eric Maass, Planning Director From:Joe Seidl, Water Resources Engineer CC: Charles Howley, Public Works Director/City Engineer George Bender, Assistant City Engineer Erik Henricksen, Project Engineer Date:1/10/2024 Re:Amending Lot Cover Standards within the Shoreland Overlay District and the Residential Single Family Zoning District Introduction The City of Chanhassen is considering increasing the maximum amount of lot cover allowed from 25% to 30% within both the Shoreland Overlay District and the Residential Single Family Zoning District. The Water Resources Division does not support the ordinance amendments to increase lot cover. Water Resources staff believe that the increase in lot cover without the construction of offsetting Best Management Practices (BMPs) has the potential to cause adverse impacts. Lot cover or impermeable surfaces caused by urbanization and the construction of buildings, pavement, etc. can have several negative effects on downstream lakes, streams, and wetlands and the overall environment. Water Resources and Planning staff have however worked successfully with the DNR to incorporate strategies related to the Shoreland Overlay District that help mitigate potential effects. The potential effects can include: Increased runoff: Lot cover prevents rainwater from infiltrating into the ground and/or uptake by vegetation (trees and shrubs). Instead, the water flows over the surface and increases the volume and velocity (rate) of the runoff; which can cause flooding and erosion in nearby streams and rivers, and could overwhelm existing downstream storm sewer collection and treatment systems, especially if those systems are already undersized due to elevated rainfall amounts and intensity. 267 Reduced infiltration: When rainwater cannot penetrate the soil, it cannot recharge groundwater supplies. This can lead to a decrease in the water table, which can cause wells to run dry and streams to dry up. Water quality degradation: As runoff flows over the land, it picks up pollutants such as oil, fertilizers, and pesticides, and carries them into nearby waterways. This can lead to decreased water quality and harm aquatic ecosystems and the organisms that depend on them. Increased temperature: Urban areas with increased lot cover tend to be hotter than surrounding areas due to the absorption of heat by buildings and pavement. This can lead to warmer water temperatures in streams and rivers, which can negatively impact aquatic life. The increase in stormwater volumes and runoff rates generated by impervious surfaces can cause issues if not mitigated by the construction of stormwater Best Management Practices (BMPs). The following sections provide background information to inform Chanhassen’s Planning Commission and City Council. What is a stormwater BMP? Stormwater Best Management Practices (BMPs) are a set of techniques and practices designed to manage and treat stormwater runoff, which is rainwater and other precipitation that flows over the ground and into storm drains or other bodies of water. Stormwater BMPs are designed to reduce the negative impacts of stormwater runoff, such as flooding, erosion, and pollution generated by impervious surfaces. Overall, stormwater BMPs work by mimicking natural systems and processes to manage and treat stormwater runoff by facilitating infiltration, filtration, settling, and evapotranspiration. Commonly used stormwater BMPs include infiltration basins, biofiltration basins, wet ponds, rain gardens, green roofs, and permeable pavers. Proposed Lot Cover Ordinance Amendment in the RSF Zoning District The proposed Lot Cover Ordinance within the Residential Single Family Zoning District does not have any provisions included that require the construction of offsetting BMPs. The ordinance amendment would increase the maximum lot cover allowed within a property from 25% to 30%. 268 Proposed Lot Cover Ordinance Amendment in the Shoreland Overlay District The proposed Lot Cover Ordinance within the Shoreland Overlay District would increase the maximum lot cover allowed for a property from 25% to 30% and includes provisions that would require the applicant to construct and maintain a BMP to offset the increase in impervious surface constructed. For properties adjacent to water resources the BMP would be a natural vegetative buffer sized as a 1 to 1 ratio to the impervious area over the 25% threshold. All other properties would be required to construct a BMP with a design approved by Water Resources staff. City Staff worked with the Department of Natural Resources Hydrologist to develop the proposed ordinance. The ordinance would allow lot cover flexibility within the Shoreland Overlay district and would help the DNR achieve their goal of naturalizing the shoreland. The provisions include the creation of a maintenance declaration that would be recorded against the property to ensure the stormwater treatment improvement would be protected. How are impervious surfaces regulated? The construction and reconstruction of impervious surfaces are regulated locally by the City of Chanhassen and by local Watershed Districts, including the Riley Purgatory Bluff Creek Watershed District (RPBCWD), Minnehaha Creek Watershed District (MCWD), Lower Minnesota River Watershed District (LMRWD) and the Carver County Water Management Organization (CCWMO). The Metropolitan Pollution Control Agency (MPCA) also regulates the construction of impervious surfaces through the Municipal Separate Storm Sewer System (MS4) Permit and National Discharge Elimination System Construction Stormwater (NPDES) Permit. In general, when a project is proposed, the amount of impervious surface being constructed is quantified and converted into a Water Quality Volume (WQV) by multiplying the new impervious surface area by 1.1 inch. For example, a project creating 1 acre of new impervious surface would be required to design BMPs to treat a WQV of: 1 Acre =43,560 Square Feet X 1.1 Inch/(12 Inch/Foot) = 3,993 Cubic Feet of Treatment Required In this example, as part of the project design, the project proposers would implement BMPs to treat the WQV and create Hydrologic and Hydraulic (H&H) Models to compare existing and proposed conditions to ensure stormwater is managed properly and will not create adverse impacts downstream. The requirements for the construction of BMPs and H&H modeling are generally associated with defined amounts of impervious surface. For example, the RPBCWD has a stormwater 269 treatment requirement trigger set to 5,000 square feet of impervious surface being constructed. The typical residential improvements (patios, decks, additions, etc.) governed by the proposed ordinance amendment would not trigger the threshold to mandate stormwater treatment. This gap in regulation creates a problem because the smaller individual projects might not create visible issues, but the cumulative impact of many smaller projects would create stormwater management problems. Standard practice is to ensure subdivision development projects design BMPs for the maximum lot cover allowed within the parcels generated. Any increase to the lot cover after the fact would create additional stormwater volumes in excess to those accounted for in the original design. What are potential impacts that residents could experience? The existing stormwater infrastructure within Chanhassen would still serve to offset some of the impacts noted above, including flood mitigation and pollutant removal. However, the infrastructure was not designed for the increased lot cover allowances proposed nor the additional stormwater runoff that would be generated. In general, Chanhassen stormwater infrastructure is undersized due to when it was designed, therefore the additional runoff generated would act to further tax our drainage system. Over time, if unmitigated lot cover were to increase, residents could experience some of the following impacts: Increased pollutant loads in stormwater ponds and water resources, which would degrade water quality and increase the frequency and scale of algae blooms. Increased frequency and duration of street flooding and high water levels of stormwater ponds and water resources. Increased erosion of natural and manmade stormwater conveyance systems. Increased frequency and duration of nuisance drainage issues, such as wet yards, sump pump discharge, and standing water. How would the stormwater BMP improvements be regulated and managed for the Shoreland Overlay District? City staff would ensure the natural vegetative buffer or stormwater BMP was sized correctly as regulated by City Ordinance during review of the building permit. Template maintenance agreements and buffer declarations are available and would be provided to project proposers. 270 After construction, the BMP would be added into the asset management database managed by the City’s engineering department. City staff would need to expand the current program that tracks and completes inspections on private BMPs to ensure the assets function as designed. When problems are identified, City staff would work with residents to get the issues resolved. Depending on the scale of the problem and the resident’s commitment to complete the work, the amount of time it would take to resolve a specific problem could vary greatly. How do other agencies view the Proposed Lot Cover Ordinance Amendments? The proposed ordinance changes to increase lot cover were coordinated with the water management organizations that regulate the City of Chanhassen, including the Minnesota Department of Natural Resources (DNR), RPBCWD, MCWD, MRWD, and CCWMO. In general, these agencies are opposed to regulations that would generate additional impervious surfaces without the construction of corresponding BMPs to mitigate adverse impacts. Correspondence and memos provided by the agencies are included in the agenda item packet. What is the guidance from Chanhassen’s Local Stormwater Management Plan? The Local Stormwater Management Plan adopted in December of 2018 is intended to provide the City of Chanhassen with information and direction in the administration and implementation of water resource management activities within the City during the period 2018-2027. It serves as a guide to projects, provides for effective allocation of resources, and sets forth a funding plan for projects and programs over the next 5 to 10 years. The Local Stormwater Management Plan includes goals and policies to help achieve those goals. Included below are the most pertinent sections regarding the proposed Ordinance Amendments that would increase maximum lot cover allowances: Goal 1 reads: “Promote abstraction through infiltration, reuse and other methods where practicable to do so to provide flood protection, ground water recharge and improved water quality.” Within Goal 1 the two most relevant polices to the proposed ordinance amendments are outlined below: Policy 1.4. Continue to stringently enforce lot coverage requirements set forth in City Code and development contracts. 271 Policy 1.2. Require all development and redevelopment projects to demonstrate no net increase in the annual runoff water volume discharged from the site compared to pre-development conditions. The proposed ordinance amendments within the RSF Zoning District are in direct conflict with the goals and policies of the Local Surface Water Management Plan. Without offsetting BMPs, the increased hardcover would act to inhibit infiltration, reduce flood protection and groundwater recharge, and decrease water quality. Goal 2 reads: “Achieve water quality standards in lakes, streams, and wetlands consistent with their designated uses and established classifications.” Within Goal 2 the policy outlined that is most relevant to the proposed ordinance amendment that would increase the maximum Lot Cover allowance within the Shoreland Management District is: Policy 2.15 Maintain a shoreland ordinance consistent with DNR requirements and recommendations to promote and encourage shoreland protection. The proposed Lot Cover ordinance modifications were coordinated with the DNR and received conditional approval from the local area Hydrologist. While in general increases in lot cover are not supported by the DNR, the ordinance changes within the Shoreland Overlay District and the regulations that mandate the creation of natural vegetative buffers and stormwater BMPs are viewed as a reasonable trade to allow Chanhassen residents flexibility for improvements on their property that would increase lot cover. Therefore, the proposed ordinance changes within the Shoreland overlay district are consistent with Policy 2.15. It must be noted that water quality within large portions of the City of Chanhassen is below standards set by the MPCA. Several of the local lakes and streams are on the impaired waters list and therefore Chanhassen is not achieving Goal 2 of the Local Surface Water Management Plan. The proposed Ordinance amendments within the Shoreland Overlay District do not apply to reconstructed impervious surfaces and therefore only act to preserve the current state of the local water resources. The Water Resources Department recommends that the ordinance proposed be amended to include BMP requirements for reconstructed impervious areas to improve the quality and character of receiving water bodies as redevelopment occurs. 272 Conclusion The City’s Water Resources Division does not support the proposed ordinance amendments that would increase the maximum lot cover allowed from 25% to 30% in both the Shoreland Overlay District and the RSF Zoning District. While properly designed and maintained stormwater BMPs generally act to offset the negative impacts created by impervious surfaces, the proposed requirements within the Shoreland Overlay District do not account for reconstructed impervious surfaces and therefore represent no net increase to the downstream lakes, streams, and wetlands. Because the state of the natural resources within Chanhassen are in decline, additional regulation is required to improve the quality of local lakes and streams that our residents enjoy. To maintain water quality and preserve the characteristics of a natural landscape, it is standard engineering practice to minimize the construction of impervious surfaces and to implement BMPs to mitigate the adverse effects impervious surfaces generate. The proposed amendments to City Ordinance within the RSF Zoning District are in stark contrast to standard stormwater management practices and its’ own goals and policies adopted in Chanhassen’s Local Surface Water Management Plan. It is the position of the Water Resources Division that, if approved, the communicative effects of increased lot cover within the City of Chanhassen will, over time, lead to an increase in surface water management issues and will accelerate the degradation of local water resources without the implementation of offsetting BMPs. 273 protect. manage. restore. 18681 Lake Drive East Chanhassen, MN 55317 952-607-6512 www.rpbcwd.org January 17, 2024 Joe Seidl, PE Water Resources Engineer Engineering Department City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 RE: Proposed ordinance changes to impervious lot coverage Dear Mr. Seidl, This letter is sent on behalf of the Riley Purgatory Bluff Creek Watershed District. It is meant to provide comment on the Proposed Lot Coverage ordinance changes as provided by Eric Maass in an email sent on January 9, 2024. I would like to state, in no uncertain terms, that the RPBCWD is opposed to this proposed regressive change. This change would be antithetical to all watershed science to date as well as to MN Statute 6120.3300, Subp. 11, B.(1) which reads as follows: “Impervious surface coverage of lots must (emphasis added) not exceed 25% of the lot area.” Numerous studies (Klein 1979; Griffin 1980; Schueler 1987; Todd 1989; Schueler 1992; Booth and Reinfelt 1993; Schueler 1994; Hicks 1995) have shown a clear inverse relationship between watershed imperviousness and surface water impairment. As impervious surface increases, so does runoff quantity, rate, temperature, and pollutant loading. At between 10-20% these metrics all double from a natural landscape. At 35% impervious surface, runoff triples and groundwater recharge is reduced by as much as 40%. The City of Chanhassen has firsthand knowledge of the issues of diminished groundwater having had three wells pumped dry not even 20 years ago. At 10% impervious surface in a watershed, streams are impacted and freshwater wetland habitat becomes degraded. At 30% impervious, streams are degraded, resulting in the impairments we see in Bluff and Riley Creeks. In 1994, the EPA declared that non-point source pollution (i.e. stormwater runoff) is the number one cause of water impairments. This has only increased since that time. This stormwater runoff has led to impairments of Lake Susan, Rice Marsh Lake, Lake Riley, Lotus Lake, Bluff Creek, and Riley Creek. 274 2 The RPBCWD has an annual budget of approximately $7,000,000 that is going to address these impairments created by land use patterns in the region. This budget will invariably need to increase as the amount of impervious surface increases. It is fiscally responsible to limit impervious surface to avoid the deleterious impacts to the water resources we all enjoy and that contribute so much to the quality of life enjoyed by the citizens of Chanhassen and the rest of the RPBCWD. Sincerely, Terry Jeffery, District Administrator Riley-Purgatory-Bluff-Creek Watershed District cc. Eric Maass, City of Chanhassen Laurie Hokkanen, City of Chanhassen Taylor Huinker, MN Department of Natural Resources Wes Saunders-Pearce, MN Department of Natural Resources 275 City Council Item January 22, 2024 Item Letter to Chanhassen American Legion Post 580 dated December 28, 2023 File No.Item No: J.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 Letter to Chanhassen American Legion Post 580 dated December 28, 2023 276   December 28, 2023    Paul Differding, Gambling Manager  Chanhassen American Legion, Post 580  290 Lake Dr E  Chanhassen MN 55317    Dear Paul,    In 2023, the gambling account supported many endeavors for the department.  With your support we  can ensure our mission of EMS, rescue and fire response being adequately resourced in a timely  manner.   As you know, I have always tried to maintain the use of these funds for either training or  equipment that directly supports our response to the community.  Here is a summary of expenditures  for 2023.      $2,395 – Replacement Fire Hose   $3,150 – Forcible Entry Training Door   $4,557 – Secure, electronic fire department lock box key systems for fire apparatus and  command vehicles    $1,069 – Misting fan for firefighter rehabilitation at training events or fire incidents   $3,921 – Firefighter Personal Protective Equipment (Boots, Helmets, and Gloves)   $11,716 – (3) Replacement Sets of Firefighter Structural Firefighting Clothing    $3,817 – Rescue Cutting Tool and Stabilization Equipment   $1,459 – Replacement SCBA Mask Storage Bags     Please pass along to those that need this information and share in my appreciation in the continued  support of the Chanhassen Fire Department.      I have announced my retirement from the Chanhassen Fire Department with my last working day being  February 28, 2024.  Over the past ten years, I truly appreciate the support the Chanhassen Legion has  provided to myself and the department.      As an appreciative recipient of the generosity, we work hard to ensure we give back and schedule our  Annual Banquets and annual department training events at the Legion.  Kenny, Paul, and all the staff  have always been gracious hosts.  I have also hosted a monthly breakfast meeting of regional chiefs for  277 Page 2 the past seven or so years.  The Department also continues to support the Honor Guard Cemetery visits  for Memorial Day, a decades long tradition.       I am confident that many of these things will continue as my successor, Fire Chief Andrew Heger, takes  over.  It was a pleasure.      Sincerely,         Don Johnson  Fire Chief      cc:  Laurie Hokkanen, Chanhassen City Manager  Chanhassen City Council                  278 City Council Item January 22, 2024 Item CenterPoint Energy Notice of Rate Increase File No.Item No: J.2 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 CenterPoint Energy Notice of Rate Increase 279 tfunterfuint,rt Energy Emily Suppes Director, Regulatory (612) 321-5363 505 Nicollet Mall P.O. Box 59038 Minneapolis, [\4N 55459-0038 January 1,2024 City of Chanhassen Attn. City Clerk City Hall P.O. Box 147 Chanhassen, MN 55317 -01 47 Dear Community Leader: On November 1, 2023, CenterPoint Energy filed a request with the Minnesota Public Utilities Commission (MPUC) for an increase in natural gas rates of $84.6 million or approximately 6.5 percent for2Q24, and $51.8 million orapproximately 3.7o/ofor2025. On December 14,2023, the Minnesota Public Utilities Commission ("PUC") accepted our filing as complete and approved an interim (temporary) rate increase of about 5.3 percent. This equates to a temporary increase of $68.7 million. This interim rate increase for CenterPoint Energy customers takes effect January 1, 2024, and continues until the PUC issues a final order and the company implements new rates. State law requires us to distribute a Notice of Application for Rate lncrease and Notice of and Order for Hearing to all counties, municipalities, and local governing bodies in our service area (enclosed). We will send you the public hearing notices with details of the public hearing dates, times, and locations once they are scheduled. That information will also be advertised in the newspaper of record for each county seat in our service area and in the communities where hearings are to be held. lf you have questions or comments, please contact me directly at612-321-5363 or visit our website at www. CenterPoi ntE nerqy. com/RateCase. Sincerely, Notice of Application for Rate lncrease Notice of and Order for Hearing Enclosure 280 BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION STATE OF IVINNESOTA ln the Matter of an Application by CenterPoint Energy Minnesota Gas for Authority to lncrease Natural Gas Rates in Minnesota MPUC Docket No. G-008/GR-23-173 NOTICE OF APPLICATION FOR RATE INCREASE State law allows CenterPoint Energy to collect higher rates on a temporary basis while the MPUC reviews this request: The temporary rate increase will be approximately 5.3 percent or $68.7 million more than current rates. The increase shows on customer bills as an lnterim Rate Adjustment and will start with the January 2024 billing cycle. lt's expected that 2025 interim rates would be addressed in 2024, if needed, with the MPUC. The MPUC will likely decide on our requested rate increase by early 2025. lf final rates are higher than interim rates, customers will not be charged for the difference during the time the customer is billed for the interim rate. The customer may be charged for the difference between a lower interim rate and a final higher rate beginning on the date that final rates are ordered by the MPUC. CenterPoint Energy is requesting this rate change to accommodate the increased expense to operate, maintain and deliver natural gas and our distribution system. CenterPoint Energy continues to make significant investments to maintain the safety and integrity of its natural gas distribution system that benefits its customers and communities. These investments include FOR CENTERPOINT ENERGY CUSTOMERS Notice to Counties and [\/ unicipalities Under Minn. Stat. $ 2'168.16, subd. 1 NEW INTERIM RATES EFFECTIVE JANUARY 1, 2024 CenterPoint Energy Minnesota Gas ("CenterPoint Energy") has requested approval from the Minnesota Public Utilities Commission ('MPUC) to increase natural gas distribution service rales in 2O24 and 2025. The requested increase is approximately 6.5 percent or $84.6 million for 2024 and approximately 3.7 percent or $51.8 million for 2025. fhe requested increase would add about $5.91 to a typical residential customer's monthly bill in 2024 and an additional $2.58 to a typical residential customer's monthly bitl in 2025. Why is CenterPoint Energy asking for a rate increase? 281 infrastructure projects to replace or upgrade existing pipelines to prevent leaks, provide safe and reliable service and comply with federal pipeline regulations. Here's how the rate change will affect monthly bills: Customer bills contain three parts: Basic Charge, Delivery Charge and Cost of Gas. The proposed Basic Charges and Delivery Charges cover the cost of delivering natural gas service and is 40-50 percent of the bill, while the Cost of Gas is 50-60 percent of the bill. The Cost of Gas is billed directly to customers without mark-up. This rate increase does not affect the Cost of Gas. The proposed rate changes will affect individual monthly bills differently depending on natural gas use and customer type. Bills will also vary because the wholesale cost of natural gas changes each month. The chart below shows an example of the current and proposed rates for each customer type * Figures above are rounded (to the nearest whole number) What is the process to review the request by CenterPoint Energy? The MPUC, the Minnesota Department of Commerce, the Office of the Attorney General - Residential Utilities and Antitrust Division, public interest groups and customers can review and comment on the rate case proposal. The MPUC will hold public hearings to collect verbal comments in-person and will also accept customers' written comments through mail or email about our rate increase request. When Customer Type (usage in therms) Average monthly usage in therms Average monthly bill: current rates Average monthly blt.2024 interim rates Average monthly bill:2024 proposed rates Average monthly brll:2025 interim rates Average monthly bill 2025 proposed rates Residential 74 $75 $79 $81 $81 $83 Commercial/l ndustrial- up to 1,499/year- 1,500 to 4,999/year- 5,000 or more/year 1 66 244 526 $80 $231 $1,263 $85 $242 $1,311 $87 $249 $1,307 $89 $249 $1,312 $e2 $259 $1,339 SmallVolume Dual Fuel- upto 119,999/year- 120,000 or more/year 3,757 14,944 $2,459 $9,411 $2,558 $9,752 $2,562 $9,770 $2,598 $9,992 $2,653 $10,226 Large Volume Dual Fuel 37,597 $22,216 $22,870 $23,038 $23,437 $24,131 Large General Firm Sales Service 39,084 $38,825 $40,246 $40,051 $40,970 $41,349 282 "riuarf"O, a notice of the public hearing wili give dates and locations. The notice will be published in local newspapers, bill inserts and at CenterPointEnergy.com/RateCase. LEARN MORE Current and proposed rate schedules for CenterPoint Energy Minnesota Gas are available at: CenterPoint Energy 505 Nicollet Mall Minneapolis, lVlN 55402 Phone. 61?-37 24727 ot 800-245-2377 Web: CenterPointEnerqy.com/Ratecase Minnesota Department of Commerce 85 7th Place East, Suite 500 St. Paul, l\4N 55101 Phone: 651-539-1534 Web : https://www. edockets. state. mn. us/EFi Ii nqisearch.ist) Select 23 in the year field, type 173 in the number fleld, select Search, and the list of documents will appear on the next page. The MPUC is asking customers to comment on CenterPoint Energy's request for a rate increase. Send comments to the MPUC's Consumer Affairs Office (GAO) or contact the CAO for assistance with submitting comments: Minnesota Public Utilities Commission 121 7th Place East, Suite 350 St. Paul, MN 55101 Phone: 65'l -296-0406 or 800-657-3782 Email: consumer. ouc@state. mn. us lndividuals with hearing or speech disabilities may call through their preferred Telecommunacations Relay Service. 283 BEFORE THE, MINNESOTA PUBLIC UTILITIES COMMISSION Katie J. Sieben Valerie Means Matthew Schuerger Joseph K. Sullivan John A. Tuma In the Matter of the Application of CenterPoint Energy Resources Corp. dlbla CenterPoint Energy Minnesota Gas for Authority to Increase Rates for Natural Gas Utility Service in Minnesota Chair Commissioner Commissioner Commissioner Commissioner ISSUE DATE: December 28,2023 DOCKET NO. G-008/GR-23-1 73 NOTICE OF AND ORDER FOR HEARING PROCBDT]RAL HISTORY On November 1,2023, CenterPoint Energy Resources Corp. (CenterPoint) filed an application seeking two consecutive annual increases in natural gas service rates under the multiyear rate plan statutel as follows: 2024: approximately $84.6 million, or 6.5 percent 2025: approximately $51.8 million, or 3.7 percent If the Commission suspends the proposed rate increases under Minn. Stat. $ 2168.16, subd. 2, CenterPoint requests an interim rate increas e for 2024 of approximately $68.7 million,2 effbctive January l, 2024. F or 2025, CenterPoint requests an incremental interim rate increase of approximately $33.2 million.3 On November 2,2023, the Commission issued a notice of comment period on: (1) whether CenterPoint's application complies with the filing requirements of Minn. Stat. $ 216B.16, Minn. Rules, parts7825.3100 to 7825.4400, and relevant Commission orders, and (2) whether this matter should be sent to the Office of Administrative Hearings (OAH) for a contested case hearing, and if so, what the scope of the hearing should be. I Minn. Stat. $ 216B.l6,subd. 19. 2 The requested $68.7 for 2024 is 14.0 percent more than the current rate without the cost of gas or 5.3 percent more than the current rate with the cost of gas. 3 The total requested interim rate increase for 2024 and 2025 is approximately $ 10 1 .9 million, which represents an increase of 20.6 percent over current rates without the cost of gas, or 7.8 percent with the cost ofgas. I 284 On November 13,2023, the Minnesota Department of Commerce, Division of Energy Resources (Department) and the Office of Attorney General-Residential Utilities Division (OAG) filed comments. On November 17,2023, the Citizens Utility Board of Minnesota (CUB) filed a petition to intervene. This matter came before the Commission on December 14,2023 FINDINGS AND CONCLUSIONS L Summary The Commission will refer this matter to the OAH for a contested case proceeding. By separate order, the Commission will (l) accept CenterPoint's petition and suspend the proposed rate change, and(2) set interim rates.a II. Jurisdiction and Referral for a Contested Case Proceeding The Commission has jurisdiction over the proposed rate changes of public utilities under Minn Stat. $ 216B.16.If the Commission is unable to resolve all significant issues regarding the reasonableness of the proposed rates based on the filing alone, the Commission is to refer the matter to the OAH for a contested case proceeding.s The Commission finds that it cannot satisfactorily resolve all questions regarding the reasonableness of the proposed rates based on CenterPoint's filing. The Commission will therefore refer the matter to the OAH for a contested case proceeding. III. Issues to be Addressed In the course of this matter; the Commission expects the parties to thoroughly develop a full record addressing, at a minimum, the following issues: a. The standard rate case issues;6 b. Whether the base cost of gas proposed in Docket No. G-008/tr4R-21-174 needs to be updated; a See Order Accepting Filing, Suspending Rates, and Extending Timeline, and Order Setting Interim Rates - both filed in this docket on this date. s Minn. Stat. I2168.16, subd. 2. 6 The standard rate case issues are: l) Is the test year revenue increase sought by the Company reasonable or will it result in unreasonable and excessive earnings by the Company? 2) Is the rate design proposed by the Company reasonable? and 3) Are the Company's proposed capital structure and (eturn on equity reasonable? In the Matter of the Application of Minnegasco, a Division of NorAm Energt Company, for Authority to Increase Natural Gas Rates in Minnesota, Docket No. G-008/GR-95-700, Notice of and Order for Hearing at 3 (October 4,1995). 2 285 c. Whether it is appropriate to use the proposed hypothetical capital structure or rvhcther an alternatc capital structure should be adopted; d. Reasons for the significant changes of the following costs since the last rate case: 1) Production Expense - 14.5 percent decrease in2024 and 12.4 percent decrease in2025 2) Underground Storage Expense -35.7 percent increase in2024 and 38.9 percent increase in2025 3) Other Storage Expense -36.3 percent increase in2024 and 38.0 percent increase in 2025 4) Distribution Expense - I 3.0 percent decrease in 2024 and 12.9 percent decrease in2025 5) Customer Accounts - 4.2 percent increase in 2024 and 13.7 percent increase in 2025 6) Customer Service -32.7 percent increase in2024 and 41.8 percent Increase in2025 7) Administrative & General Expense * 4l.l percent increase in2024 and 45.2 percent increase in 2025 8) Maintenance Expense - 9.7 percent decrease in2024 and 7 .9 percent decrease in2025 IV e. How much Top l0 executive compensation costs should be recovered in rates. Procedural Outline A. Administrative Law Judge The Administrative Law Judge (ALJ) assigned to this case is Ann O'Reilly. Her address is as follows: Administrative Law Judge Ann O'Reilly 600 North Robert Street St. Paul, Minnesota 55101 Her mailing address is as follows Administrative Law Judge Ann O'Reilly P.O. Box 64620 St. Paul, MN 55164-0620 She can be reached through her legal assistant, Michelle Severson at 651-361-7874 or M ichel le. Severson@state.mn.us. J 286 B. Hearing Procedure Controlling Stalutes and Rules' Hearings in this matter will be conducted in accordance with the Minnesota Administrative Procedure Act, Minn. Stat. $$ 14.57-14.62;the rules of the Office of Administrative Hearings, Minn. R. 1400.5100-1400.8400; and, to the extent that they are not superseded by those rules, the Comrnission's Rules of Practice and Procedure. Minn. R. 7829.0100-7829.4000. These rules and statutes can be accessed free of charge through the State of Minnesota's website at www.revisor.mn.gov/pubs. Hardbound books of Minnesota's statutes or rules may be requested from the Office of the Revisor of Statutes at 651-645-1224, ext. 107, or https ://www.mn govpub lications.corn/home.asp. The Office of Administrative Hearings conducts contested case proceedings in accordance with the Minnesota Rules of Professional Conduct and the Professionalism Aspirations adopted by tht: Minnesota State Bar Association. Right to (lounsel and to Presenl Evidence In these proceedings, parties may be represented by counsel, may appear on their own behalf, or may be represented by another person of their choice, unless otherwise prohibited from the unauthorized practice of law. Parties and their representatives have the right to present evidence, conduct cross-examination, and make written and oralarguments. Under Minn. R. 1405.1300, they may obtain subpoenas to compel the attendance of witnesses and the production of documents. Parties should bring to the hearing all documents, records, and witnesses necessary to support their positions. Discovery and Informal D ispos ition Any questions regarding discovery under Minn. R. 1400.6700-1400.6800 or informaldisposition under Minn. R. 1400.5900 should be directed to Ashley Marcus at 651 -201-2192, ashley.marcus@state.mn.us, or Ashley Marcus Minnesota Public Utilities Commission l2l7th Place East, Suite 350 St. Paul, Minnesota 55101-2147. Protecting Not-Public Data Statc agencies are required by law to keep some data not public. Parties must advise the ALJ il' not-public data is olfered into the record. They should take note that any not-public data admitted into evidence may become public unless a party ob.jeots and requests relief under Minn. Stat. Q 14.60, subd. 2. 4 287 Accommodations for Disabilities ; Interpreter Services At the request of any individual, this agency will make accommodations to ensure that the hearing in this case is accessible. The agency will appoint a qualified neutral interpreter if necessary. Persons must promptly notify the ALJ if an interpreter is needed. Scheduling Issues The times, dates, and places of evidentiary hearings in this matter will be set by order of the ALJ after consultation with the Commission and intervening parties. Notice of Appearance Any parly intending to appear at the hearing must file a notice of appearance (Attachment A) lvith the ALJ within 20 days of the date of this Notice and Order for Hearing. Sanct ions fo r No n-compl iance Failure to appear at a prehearing conference, a settlement conference, or the hearing, or failure to comply with any order of the ALJ, may result in facts or issues being resolved against the party who fails to appear or comply. C. Parties and Intervention The current parties to this case are CenterPoint, the Department, the OAG, and CUB. Other persons or entities wishing to become formal parties shall promptly file petitions to intervene with the ALJ.7 D. Prehearing Conference A prehearing conference will be held on January 23,2024, at I l:30 AM, via telephone, using the following call-in information: Call-in Number: 651 -395 -7 448 Conference Code: 822231 034# Persons participating in the prehearing conference should be prepared to discuss time frames, scheduling, discovery procedures, and similar issues. Potential parties are invited to attend the prehearing conference and to file their petitions to intervene as soon as possible. E. Time Constraints The Commission is required to act on substantially complete rate case filings within ten months, although this ten-month period can be extended under certain circumstances. In this matter, the Commission finds it has insufficient time to make a final determination within ten months because of the need to make final determinations in other pending rate cases. The ten-month 5 7 See Minn. R. 1400.6200. 288 period will be extended by 180 days under Minn. Stat $ 2168. 16, subd. 2(f) and subd. l9(f), plus an additional four months, as agreed to by the Company, untilJuly 1,2025.8 V. Applications of Ethics in Government Act The lobbying provisions of the Ethics in Government Act, Minn. Stat. $ 10A.01 et secl., apply to general rate cascs. Persons appearing in this proceeding may bc subject to registration, reporting. and other requirements set forth in that act. All persons appearing in this case are urged to refer to the Ethics in Government Act and to contact the Campaign Finance and Public Disclosurc Board with any questions at 651-539- I I 90. VI. Ex Parte Communications Restrictions on ex parte communications with Commissioners and reporting requirements regarding such communications with Commission staff apply to this proceeding from the date of this order. Those restrictions and reporting requirements are sct forth at Minn. R.7845.7100- 7845.7400, which all parties are urged to consult. VII. Notices Required; Delegation of Authority Finally, the rate case statute and the Commission's rules require comprehensive notice of proposed general rate increases. Notices are required as set forth in the ordering paragraphs below. To promote administrative efficiency, the Commission will delegate to the Executive Secretary the authority to approve notices, bill inserts, and bill format for the duration of this proceeding. ORDER The Commission hereby refers the matter to the Office of Administrative Hearings for a contested case. The Commission requests the ALJ's report on or before April I ,2025.If the deadline for the Commission's decision is extended beyond ten months plus one hundred eighty days plus an additional four months, at any point during this proceeding for any reason (e.g., settlement discussions, waiver, etc.), the Commission requests the ALJ's report at least three months before the extended deadline for its decision. The Commission identifies the issues set forth above for development of a complete record in this case. The Cornpany shall mail copies of the Order resulting from this decision to all municipalities. counties, and local governing bodies in its Minnesota service area. The Administrative Law Judge shall convene at least four public hearings in this matter at locations within the service area of the Company, including opportunities for both in- 8 See Order Accepting Filing, Suspending Rates, and Extending Tinrelinc also filed into this docket on this date. I 2 fJ 4 5 6 289 6 person and remote participation. l'he precise number and locations of the public hearings shall be determined at the prehearing conference in consultation with Commission staff. The Cornmission requests that the Office of Administrative Hearings work with Commission staff on facilitating new approaches to maximizing public participation. The Commission delegates authority to the Executive Secretary to make any approvals necessary to support enhanced public participation. The Company shall file draft notices of the evidentiary and public hearings, file them for Commission approval, and, after receiving Commission approval, disseminate them as follows: a. Individual written notice to each customer, which may be in the form of a bill insert, to be served at least ten days before the first day ofhearings. These notices shall prominently display the email address for public comments and include a removable public comment form that is pre-addressed to the Commission and identifies the docket number of the rate case. b. Written notice to the governing bodies of all municipalities, counties, and local governing bodies in the area affected and to all parties in the Company's last two rate cases, to be mailed at least ten days before the first day of hearings. c. Advertisements in legal newspapers of affected counties and other newspapers of general circulation within the Company's Minnesota service area, to appear at least ten days before the first day of hearings. The advertisements shall include the heading RATE INCREASE NOTICE, which shall appear in bold face type no smaller than 30 points. Thc Commission delegates authority to the Executive Secretary to approve notices, bill insefts, and bill format for the duration of this proceeding. The Commission delegates authority to the Executive Secretary to extend deadlines and modify timelines throughout the duration of this proceeding. 9. This order shall become effective immediately BY ORDER OF THE COMMISSION 7 8. Wrr"r'"\C hW *. Will Seuffert E,xecutive Secretary This document can be made available in alternative formats (e .g.. large print or audio) by calling 651.296.0406 (voice). Pcrsons with hearing or speech impairrnent may call using their preferred Telecommunications Relay Service or email consumer.puc(@state.mn.us for assistance. 7 290 ATTACHMENT A STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS OAH Docket Number. 65-2500-39699 PUC Docket Number: G-008/GR-23-173 NOTICE OF APPEARANCE In the Matter of the Application of CenterPoint Energy Resources Corp. d/bla CenterPoint Energy Minnesota Gas for Authority to Increase Rates for Natural Gas Utility Service in Minnesota PLEASE TAKE NOTICE that: 1. The party/agency named below (Party/Agency) will appear at the prehearing conference and all subsequent proceedings in the above-entitled matter. 2. By providing its email address below, the Party/Agency acknowledges that it has read and agrees to the terms of the Office of Administrative Hearings' e-Filing policy and chooses to opt into receiving electronic notice from the Office of Administrative Hearings in this matter. Note: Provision of an email address DOES NOT constitute consent to electronic service from any opposing party or agency in this proceeding. 3. The Party/Agency agrees to use best efforts to provide the Office of Administrative Hearings with the email address(es) for opposing parties and their legal counsel. Pa rty's/Agency's Name : Email.Telephone: Itlailing Address Party's/Agency's Attorney Firm Name: Email Telephone: Itllailing Address Respondent's/Opposing Party's Name Email:Te lephone Mailing Address Dated Signature of Party/Agency or Attorney B 291 CERTIFICATE OF SERVICE I, Robin Benson, hereby certiflz that I have this day, served a true and correct copy of the following document to all persons at the addresses indicated below or on the attached list by electronic filing, electronic mail, courier, interoffice mail or by depositing the same enveloped with postage paid in the United States mail at St. Paul, Minnesota. Minnesota Public Utilities Commission NOTICE OF AND ORDER FOR HEARING Docket Numbers: G-008/GR-23-173 Dated this 28th day of December,Z023 /s/ Robin Benson 292 Last Name Email Company Name Delivery Method Sedce Usl Name Jorge jorse alonso@state.mn.us PubUc Utilities Commission l2l 7th Place East Suil€ 350 St. Paul, t!.1N 55101 Eledronic Service No O F F_SL_23- 1 73--offrci a I Kristine kanderson@grealermn gas-Greater Minnesota Gas, lnc.& Gr€ater MN Transmission, LLC 1900 Cardinal Lane PO Box 798 Faribault, MN 55021 No OFF SL 23-173 Otrcial Kristn Eerkland krisln berkland@ag state Ofiice of the Aflorney General RUD 445 M nnesota Sreet Bremer Tower, Suite St Paul MN 551 01 E ectonic Seru ce 400 No OFF_SL_23 1 73_ofl5cia Betand james.betrand@stinson.co STINSON LLP 50 S 6b Sl Ste 2600 Minneapolis, IMN 55402 Electonic Service No OFF_S1,23'1 73_Offcial Barb Bischotr barb.bischoff@nn gco.com Nodhern Natural Gas Co CORP HQ, 7I4 111 I So. 103rd Stee Omaha, NE 681241000 Elecbonic Seruice No OFF_S1,23-1 73,offcial Bonnefl jason bonnefr@state.mn.us Public Utilities Commission 121 East 7dr Place suile 350 St Paul MN 551 01 Electonic Seruice OFF_SL_23-1 73_Offi cial Brem€r ioce yn.bremer@minneapo ismn gov Cit/ of [,4 nneapo is 350 S Fitr Sl Ste 210 Minneapolis, MN 554r 5 Elecbonic Sery ce No OFF_S 1,2 3- 1 73,oiici a C.lan Brown otrce@gasworkerclocal340 312 Central Ave SW I\,,linneapolis, T'N 55114 Elecbonic Seruice No OFF_SL_23 173_offcial Canaday james.canaday@ag.state-Offce ofthe Atorney General-RUD Suile 1400 445 l\,,linnesota St. Sl. Paul, MN 55101 Electronic Seruice OFF_SL_23 173_Official Cailson Chang melodee.caisonchan g@ce nterpointenergy.com CenterPoint Energy 505 Nicollet Mall Minn€apolis, MN 55402 No OFF,SL-23-173 Official l^"*" lEb"r-b s"*,"" 293 First Name Last Name Email comp6ny Name Delivery Method SeNice Ust Name Chrlss Slephen.chnss@walmad c 2001 sE 10rh s1. Bentonville, 72716,5530 Elecbonic Seruice No oFF S1,23-173_Otficial Generic Notce Commerce Atomeys commerce.afl omeys@ag.st ate.mn.us office ofthe Anorney General-DOC 1400 St. Paul, MN 551 01 Electonic Seruice oFF_SL_23-1 73_omcial Dean Dalzell ddalzell@caphennepin org Community Action Patuership of Hennepin County 8800 Highway 7 Ste 401 St. Louis Park, MN 55426 Paper Service No OFF_SL_23-1 73_Oficial Dornfe d R chard Domfeld@ag.stale Otrce oibe Atorney GeneraLDOC Minnesota Atomey General's Offce 445 Minnesota Sbeet, Suite 1800 Saint Paul, MN 55101 Elecronic SeNice No OFF,SL_23 173,Otrc al Brian Edstom brian€@cubminnesola org Citizens Utlity Board of Mlnnesota St Ste W1360 Saint Paul t\,tN 55101 Electronic Setoice oFF,SL_23 173_Offcia Sharon sharon-ferguson@slate.mn Depafrment of Commerce 85 7trl Place E Ste 280 Saint Paul, MN 551 01 21 98 Electonic Seruice No oFF_SL_23-1 73_Offi cial Edward Garvey sarveyed@aol com 32 LaMon 51 Saint Paul, MN 55r02 E ecron c Seru ce No oFF SL_23-173_Official Sean Gosiemki sean@afoas.org Alliance for Sustainability 2801 2lstAve S Ste'100 Minneapolis, MN 55107 Elecbonic Seruice No OFF_SL_23-1 73-Oficial Henkel mui@mnutlityinv€stors org I\,linnesota Uf lily lnvestors 413 \ /aftuta Sts€et *2X0 St.Paul, MN 55101 Elecronic Seruice No oFF_SL_23-173 otrcial 2 332 294 F rst Name Last Name Emai Company Name Delivery Mehod Hinderlie katherjne.hinderlie@as.stat Oflice ofthe Atorney General-DOC 445 Minnesola st Suite 1400 St. Paul, iTN 55r01 -21 34 E ec[onic Seru c€oFF_SL_23 173_Offcial Bruce L Hoffarber bhoff arber@kinectenergy c Kinect Energy Group 605 Noft Highway 169 Ste 1200 MN 55441 Elecfonic Seruice OFF_SL_23-1 73_Offcial Holly mholly@winhrop.com Wnlhrop & Weinstine, P.A.225 S Sixth Sl Ste 3500 [.4N 55402 Elecronic Seryice No OFF SL 23-173 Offcial Samue B Ketchum sketchum@kennedy Kennedy & Graven, Chadered 150 S 5b St Ste 700 i/N 55402 Elecronic Seryice OFF SL 23-173 Otrcial Nicolle Kupser nkupser@greatermn gas co Greal€r Minnesota Gas, lnc. & Greater MN Transmission. LLC Elechonic Seruice No oFF_SL_23-1 73_Orfi cial Daniel dlelevers@st.enersy GTI 1700 S Mounl Prospect Rd Des Plains, IL 60018 Electonic SeNice No OFF SL 23-173 Otrcial annlelf@cubminnesota.org Citzens UUlity Board of 332 Minnesota Street. Suite W1360 Sl. Paul, fiN 551 01 Electonic Seruice No oFF_SL_23 173_Offcial Eric Lindberg elindberg@mncenter org I\,linnesota Cenl€r for Environmental A&ocacy 1919 University Avenue Suite 51 5 Saint Paul MN 55104 3435 El€ckonic Seruice No OFF SL 23-173 Official Eric Lipman eric.lipma.@stale.mn.us Office ofAdminisrative H€adngs PO Bot 64620 St. Paul, I'N 551640620 Elecronic Seryice oFF,SL-23-1 73,Otfr cial Seruice List Name lSOO Cardinal Ln PO Box 798 Faribault, MN 55021 295 First Name Last Name Email Company Name Delivery Method Service List Name jason.loos@centerpointene CenterPoint Energy 505 Nicollet Mall 3.d Floo. I\rinneapolis, MN 55402 Electonic Seruice No OFF_SL_23-173 Otrcial alice@communitypowermn. org 2720 E 22nd Sl Minneapolis, MN 55406 Electronic Service No oFF,SL,23-173 otrcial Marshall pam@energycents.org Enerqy CENTS Coalition 823 E 7th St St Paul, [,N 55106 Elecfonic Service No OFF_SL_23 173_ofilcial David dmoeller@allele.com 30 W Superior St Dulub, MN 555022093 No OFF_SL_23 173-otrcial andrew moraEka@stoel.co 33 South Sixth Sl Ste 4200 Minneapolis, MN 55402 E ectonic Serulce OFF SL 23-173 Otrcia Samantha Norris samanlhanorris@alliantene rgy.com lnteEtate Power and Light Company 200 lst Steet SE Po Box 351 Cedar Rapids, 524060351 El€cfonic SeNice No OFF_SL_23 173 otrcial O'Reilly ann.oreilly@slaie.mn.us Office ofAdminlsralve Hearings PO Box 64620 SI, PaUI MN 551 01 Electonic Seruice No OFF_SL_23-173 Official Mike OConnor moconnor@ibedocal949.o rg Loca 949 BEW 12908 Nicollet Ave S Burnsville, MN 55337 No OFF_SL_23-1 73_Otf cial Greg gpalmer@gr€atermngas.co Greater Minnesota Gas, lnc. & Greater MN Transmission, LLc 1900 Cardinal Ln PO Box 798 Faribault, MN No OFF SL 23-173 Otrcial Kevln kpranis@l unagroc.com Laborers' Oistlct Council of MN and ND 81 E Litle Canada Road St. Pau. IJN 55117 Elecronic Seruice No OFF_SL 23-173 Otrcia leu*onic seruice | ""' ^'* *' ler"*""i" s"'i"" lrumt s"*"" 296 Fhsi Name Last Name Email Company Name Oeliv€ry Method Seruice Usl Name Generic Notce Res dentral Utl tes Div sion residental.utlities@ag.stat Offce ofthe Atorney Genera-RUD 1400 8RM Tower 445 M nnesota St St. Pau, MN 551 0121 31 Electonic Seruice OFF_SL_23 173_otrcial Kevin Reuther kreuther@mncenter.org Envnonmental Advocacy 26 E Exchange st, Ste 206 St. Paul, MN 551 01 1667 No OFF_SL_23 173 Offcial Nathaniel nrunke@lo€l49.org lnlernatonal Union of operatf, g Engineec Local 49 61 1 28h St. NW MN 55901 OFF_SL_23-1 73,Offcial Joseph L Sabe jsathe@kennedy Kennedy & Graven, Chanered 150 S 5h St Ste 700 Minneapolis, MN 55402 Electonic Seruice No OFF SL 23 173 Official Elizabeth Schmiesing eschmiesing@winthrop.co Wnhrop & Weinstne, P.A.225 South Si{h Street Suite 3500 Minneapolis, MN 55102 OFF_SL_23 173 otrcial ScholE peler scholE@ag.state.mn.office ofthe Atorney c€neral-RUD Suite 1400 445 Minnesota Steel St. Paul. t\,tN 55101-21 31 Eledonic Seruice No OFF_SL,23 173_Otfrcial Seuffed Wll.Seuffed@state-mn.us Public Utlities Commission 121 7th Pl E Ste 350 Saint Paul, MN OFF_SL_23 173 official Shaddix ELling jshadd x@janebhaddit co Shaddlx tud Assoc ates 7400 Lyndale Ave S Ste 190 Rachfield, MN 55423 Electonic SeN ce No OFF_SL_23 173 otrcia Peggy Sorum peggy.sorum@cente.pointe nergy.com CenterPoint Energy 505 Nicollet lllall Minneapolis, MN 55402 Electonic Service No OFF_SL_23 173 offcial Sbommen jsrommen@kennedy graven.com Kennedy & Graven Chanered 150 S 5th Sl Ste 700 MN 55402 E ectonic SeNice No OFF_SL_23 173 omcial 1"""""""'"'"" lre"r*i" s"*t" leu"r*" s"*i"" leu**'" s",i* Yes 297 First Nam€Last Name Email lcomp"ny ru."Oelivery Method Service List Name Eric eswanson@frnhrop.com lw"u-c a w"i""ti""225 S 6h St Ste 3500 Capella Tower Minneapolis, MN s51024629 Elecronic Seruice No OFF_SL 23 173_Official avohs@mncenter.org lr*""'""*:r^"*:", Suile 515 St. Paul, MN 55101 Electron c SeNice No OFF_SL-23 173_Official Dave dave@mnpropane org [,{innesola Propane ]*""'"*" Po Box 220 209 N Run River Dr MN 55371 Eledonic Seruice No oFF_S L-23- 1 73_official Joseph iwindler@frnthrop com l*"",*'*"**" 225 Souh Sixth Street. Suite 3500 Mjnneapolis. MN 55102 Elecbonic Seruice No OFF_SL-23 173_Offrcial Wolfgram Jonahan.Wolfgram@state. I office of Pip€lin€ Safetymnusl I 445 Minnesota St Ste 147 MN 55125 Electonic Service No OFF_SL 23 173_Offcia 6 298 299 City Council Item January 22, 2024 Item Southern Valley Alliance Relocation Notice File No.Item No: J.3 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 Southern Valley Alliance Relocation Notice 300 301 City Council Item January 22, 2024 Item Letter to Public Utilities Commission dated January 18, 2024 File No.Item No: J.4 Agenda Section CORRESPONDENCE DISCUSSION Prepared By Kim Meuwissen, City Clerk Reviewed By SUGGESTED ACTION N/A Motion Type N/A Strategic Priority Financial Sustainability SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS Letter to Public Utilities Commission dated January 18, 2024 302 RE CITY OT CIIANHASSII{ Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow January 18,2024 Will Seuffert Executive Secretary Minnesota Public Utilities Commission l2l7th Place East, Suite 350 St. Paul, MN 55101 DOCKET EOO2/M-13-867 REGARDING XCEL PROPOSAL TO MOVE ARR-ERA CSG TO VALUE OF SOLAR RATES Dear Mr. Seuffert Thank you for the opportunity to comment on Xcel Energy's proposal to move Applicable Retail Rate (ARR)-era Community Solar Garden (CSG) subscriptions to Value of Solar (VOS) rates. This letter represents the views of the City of Chanhassen which has multiple current CSG subscriptions that would be severely negatively affected by the proposed action. Chanhassen strongly opposes Xcel Energy's proposal to change from ARR-era CSG rates to VOS rates. Our city projected significant energy savings credits over the term of our contracts. We subsequently relied on savings from ARR-era CSG rates in our budgeting and planning. Those savings were invested in our community in many ways, including maintaining lower property tax levies. We chose CSG subscriptions over other renewable options, such as a rooftop solar installation, due to these projected savings and lack of up-front cost. If the Commission approves this change, we will stand to lose approximately $750k in projected savings, which would be an approximately 88 percent reduction. We will be required to significantly re-evaluate our long-term financial decisions. I can confidently say that we would not have entered into these contracts had we known our financial credits would be modified so drastically. The cities that were early adopters of CSG subscriptions played a critical role in the nation's largest community solar garden program. Municipalities such as Chanhassen have often cited our subscriptions to residents as a demonstration that we use energy from clean, renewable, and cost- effective sources. We directly assisted with keeping utility fees and rates low across Xcel Energy's service area. PH 952.227.11 00 . www.chanhassenmn.gov . FX 952.227.1110 77OO I.4ARKET BOULEVARD.PO BOX ]4T.CHANHASSEN .MINNESOTA 55317 303 Mr. Will Seuffert January 18,2024 Page2 Lastly, this change will likely undermine the willingness of municipalities such as ours to invest and partner with Xcel and other utility operators in future local renewable energy development. On behalf of Chanhassen and the other municipalities that will be negatively affected by approving this rate change, I appreciate your consideration of these comments. Sincerely, Lr4tuw wkillq,t4^ Laurie Hokkanen City Manager 304 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 716 AN ORDINANCE AMENDING THE CITY CODE CONCERNING REGULATION OF LAWFUL GAMBLING THE CITY COUNCIL OF CHANHASSEN, MINNESOTA ORDAINS: SECTION 1. Article 10-V “Gambling” of the Chanhassen City Code is amended in its entirety to read as follows: Sec 10-150 Adoption of State Law by Reference The provisions of Minn. Stat. ch. 349, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, provisions relating to sales, and all other matters pertaining to lawful gambling are hereby adopted by reference and are made a part of this ordinance as if set out in full. It is the intention of the Council that all future amendments of Minn. Stat. ch. 349, are hereby adopted by reference or referenced as if they had been in existence at the time this ordinance was adopted. Sec 10-151 City May be More Restrictive Than State Law The Council is authorized by the provisions of Minn. Stat. § 349.213, as it may be amended from time to time, to impose, and has imposed in this ordinance, additional restrictions on gambling within its limits beyond those contained in Minn. Stat. ch. 349, as it may be amended from time to time. Sec 10-152 Purpose The purpose of this ordinance is to regulate lawful gambling within the City of Chanhassen, to prevent its commercialization, to ensure the integrity of operations, and to provide for the use of net profits only for lawful purposes. Sec 10-153 Definitions In addition to the definitions contained in Minn. Stat. § 349.12, as it may be amended from time to time, the following terms are defined for purposes of this ordinance: (a) Board, as used in this ordinance, means the State of Minnesota Gambling Control Board. (b) City, as used in this ordinance, means the City of Chanhassen. (c) Council, as used in this ordinance, means the City Council of the City of Chanhassen. DocuSign Envelope ID: 34C06921-F039-493C-9888-060184A5816B 156305 2 (d) Licensed Organization, as used in this ordinance, means an organization licensed by the Board. (e) Local Permit, as used in this ordinance, means a permit issued by the city. (f) Trade Area, as used in this ordinance, means this city and each city and township contiguous to this city. Sec 10-154 Applicability This ordinance shall be construed to regulate all forms of lawful gambling within the city except bingo conducted within a nursing home or a senior citizen housing project or by a senior citizen organization if the prizes for a single bingo game do not exceed $10, total prizes awarded at a single bingo occasion do not exceed $200, only members of the organization, residents of the nursing home or housing project, and their guests, are allowed to play in a bingo game, no compensation is paid for any persons who conduct the bingo, and a manager is appointed to supervise the bingo. Sec 10-155 Lawful Gambling Permitted Lawful gambling is permitted within the city provided it is conducted in accordance with Minn. Stat. §§ 609.75-.763, inclusive, as they may be amended from time to time; Minn. Stat. §§ 349.11-.23, inclusive, as they may be amended from time to time; and this ordinance. Sec 10-156 Council Approval Lawful gambling authorized by Minn. Stat. §§ 349.11-.23, inclusive, as they may be amended from time to time, shall not be conducted unless approved by the Council, subject to the provisions of this ordinance and state law. Sec 10-157 Application and Local Approval of Premises Permits (a) Any organization seeking to obtain a premises permit from the Board shall file with the city clerk an executed, complete duplicate application, together with all exhibits and documents accompanying the application as will be filed with the Board. Each organization licensed to conduct lawful gambling in the City shall complete the City's investigation form, submit copies of all state gambling application forms, all records and reports required to be filed within the State Gambling Control Board pursuant to Minnesota Statues, Chapter 349, and the rules and regulations promulgated thereunder, and submit any additional information required by the City. (b) Upon receipt of an application for issuance of a premises permit, the city cl erk shall transmit the application to the county sheriff for review and recommendation. (c) The county sheriff shall investigate the matter and make the review and recommendation to the City Council as soon as possible, but in no event later than 45 days following receipt of the notification by the city. DocuSign Envelope ID: 34C06921-F039-493C-9888-060184A5816B 157306 3 (d) Organizations applying for a state-issued premises permit shall pay the city an investigation fee established by ordinance. This fee shall be refunded if the application is withdrawn before the investigation is commenced. If approved by the City Council and the Board, a licensed organization will be responsible for an annual investigative fee for conducting lawful gambling within the city. (e) The applicant shall be notified in writing of the date on which the Council will consider the recommendation. (f) The Council shall receive the county sheriff’s report and consider the application within 45 days of the date the application was submitted to the city clerk. (g) The Council shall by resolution approve or disapprove the application within 60 days of receipt of the application. (h) The Council shall deny an application for issuance or renewal of a premises permit for any of the following reasons: (1) An applicant’s officer, director, or other person in a supervisory or management position a. has been convicted of a felony within the last five (5) years; b. has ever been convicted of a crime involving gambling; c. is not of good moral character or repute; d. has ever been convicted of 1. assault, 2. a criminal violation involving the use of a firearm, or 3. making terroristic threats; e. owes delinquent local, state or federal taxes, or is delinquent on any other city bill. (2) The premises is in violation of any land use or zoning ordinance or owes delinquent local, state or federal taxes, or is delinquent on any other city bill. (3) Violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling within the last three (3) years. (4) Violation by the on-sale establishment or organization leasing its premises for gambling of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice, and protection of public safety within the last three (3) years. (5) Lawful gambling would be conducted at premises other than those for which an on-sale liquor license has been issued. (6) Failure of the applicant to pay the investigation fee provided by Subdivision 4 within the prescribed time limit. DocuSign Envelope ID: 34C06921-F039-493C-9888-060184A5816B 158307 4 (7) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. Otherwise, the Council shall pass a resolution approving the application. Sec 10-158 Local Permits (a) No organization shall conduct lawful gambling excluded or exempted from state licensure requirements by Minn. Stat. § 349.166, as it may be amended from time to time, without a valid local permit. This section shall not apply to lawful gambling exempted from local regulation by Section 10-154 of this ordinance. (b) Applications for issuance or renewal of a local permit shall be on a form prescribed by the city. The application shall contain the following information: (1) Name and address of the organization requesting the permit. (2) Name and address of the officers and person accounting for receipts, expenses, and profits for the event. (3) Dates of gambling occasion for which permit is requested. (4) Address of premises where event will occur. (5) Copy of rental or leasing arrangement, if any, connected with the event, including rent to be charged to the organization, which rental or leasing arrangement may not provide for rental payments based on a percentage of receipts or profits from lawful gambling. (6) Estimated value of prizes to be awarded. (c) The fee for a local permit shall be as established by city ordinance. The fee shall be submitted with the application for a local permit. This fee shall be refunded if the application is withdrawn before the investigation is commenced. (d) Upon receipt of an application for issuance or renewal of a local permit, the city clerk shall transmit the notification to the county sheriff for review and recommendation. (e) The county sheriff shall investigate the matter and make review and recommendation to the City Council as soon as possible, but in no event later than 45 days following receipt of the notification by the city. (f) The applicant shall be notified in writing of the date on which the Council will consider the recommendation. (g) The Council shall receive the county sheriff’s report and consider the application within 45 days of the date the application was submitted to the city clerk. DocuSign Envelope ID: 34C06921-F039-493C-9888-060184A5816B 159308 5 (h) The Council shall deny an application for issuance or renewal of a local permit for any of the following reasons: (1) Violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling within the last three (3) years. (2) Violation by the on-sale establishment, or organization leasing its premises for gambling, of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to the operation of the establishment, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice, and protection of public safety within the last three (3) years. (3) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. Otherwise, the Council shall approve the application. Sec 10-159 Revocation and Suspension of Local Permits (a) A local permit may be revoked or temporarily suspended for a violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling. (b) A local permit shall not be revoked or suspended until written notice and an opportunity for a hearing have first been given to the permitted person. The notice shall be personally served or sent by certified or registered mail. If the person refuses to accept notice, notice of the violation shall be served by posting it on the premises. Notice shall state the provision reasonably believed to be violated and shall also state that the permitted person may demand a hearing on the matter, in which case the permit will not be suspended until after the hearing is held. If the permitted person requests a hearing, the Council shall hold a hearing on the matter at least one week after the date on which the request is made. If, as a result of the hearing, the Council finds that an ordinance violation exists, then the Council may suspend or revoke the permit. Sec 10-160 Display of Permit All permits issued under state law or this ordinance shall be prominently displayed during the permit year at the premises where gambling is conducted. Sec 10-161 Notification Of Material Changes To Application An organization holding a state-issued premises permit or a local permit shall notify the city within ten (10) days in writing whenever any material change is made in the information submitted on the application. Sec 10-162 Contribution Of Net Profits To Fund Administered By City (a) Each organization licensed to conduct lawful gambling within the city pursuant to Minn. Stat. § 349.16, as it may be amended from time to time, shall contribute ten percent (10%) of DocuSign Envelope ID: 34C06921-F039-493C-9888-060184A5816B 160309 6 its net profits derived from lawful gambling in the city to a fund administered and regulated by the city without cost to the fund. The city shall disburse the funds for charitable contributions as defined by Minn. Stat. § 349.12, subd. 7a, as it may be amended from time to time. (b) Payment under this section shall be made on the last day of each month. (c) The city’s use of such funds shall be determined at the time of adoption of the city’s annual budget or when the budget is amended. (d) An organization that conducts gambling on fewer than five days in a calendar year is exempt from the requirements of this section. Sec 10-163 Designated Trade Area (a) Each organization licensed to conduct gambling within the city shall expend fifty percent (50%) of its lawful purpose expenditures on lawful purposes conducted within the city’s trade area. (b) This section applies only to lawful purpose expenditures of gross profits derived from gambling conducted at a premises within the city’s jurisdiction. (c) An organization that conducts gambling on fewer than five days in a calendar year is exempt from the requirements of this section. Sec 10-164 Records and Reporting (a) Organizations conducting lawful gambling shall file with the city clerk one copy of all records and reports required to be filed with the Board, pursuant to Minn. Stat. ch. 349, as it may be amended from time to time, and rules adopted pursuant thereto, as they may be amended from time to time. The records and reports shall be filed on or before the day they are required to be filed with the Board. (b) Organizations licensed by the Board shall file a report with the city proving compliance with the trade area spending requirements imposed by Section 10-163. Such report shall be made on a form prescribed by the city and shall be submitted annually. Sec 10-165 Hours of Operation Lawful gambling shall not be conducted between 1 a.m. and 8 a.m. on any day of the week. Sec 10-166 Penalty Any person who violates any provision of this ordinance; Minn. Stat. §§ 609.75-609.763, inclusive, as they may be amended from time to time; or Minn. Stat. §§ 349.11-349.21, as they may be amended from time to time; or any rules promulgated under those sections, as they may be amended from time to time, shall be guilty of a misdemeanor and subject to a fine of not more than $1,000 or imprisonment for a term not to exceed 90 days, or both, plus in either case the DocuSign Envelope ID: 34C06921-F039-493C-9888-060184A5816B 161310 7 costs of prosecution. In addition, violations shall be reported to the Board, and recommendations shall be made for suspension, revocation, or cancellation of an organization’s license. Sec 10-167 Severability If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. SECTION 2. Effective Date. This ordinance becomes effective on the date of its publication or upon the publication of a summary of the ordinance as provided by Minn. Stat. § 412.191, subd. 4, as it may be amended from time to time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as it may be amended from time to time. PASSED AND ADOPTED this 9th day of October 2023 by the City Council of the City of Chanhassen, Minnesota. ATTEST: Kim Meuwissen City Clerk Elise Ryan, Mayor (Summary Ordinance Published in the Chanhassen Villager on October 19, 2023) DocuSign Envelope ID: 34C06921-F039-493C-9888-060184A5816B 162311