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10-28-2024 City Council Agenda and Packet
A.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. Public comment is not allowed at the Work Session. A.1 Cannabis Ordinance Discussion A.2 Pickleball Court Location Discussion A.3 Highway 7 Corridor Communities update A.4 Select Wood Cladding color for City Hall/Senior Center building A.5 Set Canvassing Meeting A.6 Future Work Session Schedule B.7:00 P.M.- ECONOMIC DEVELOPMENT AUTHORITY B.1 Approve Economic Development Authority Meeting Minutes dated August 26, 2024 B.2 Resolution Approving Certain Agreements Regarding Refinancing of the Lake at Chanhassen TIF Project C.7:00 P.M. - CALL TO ORDER (Pledge of Allegiance) D.PUBLIC ANNOUNCEMENTS E.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 AGENDA CHANHASSEN CITY COUNCIL MONDAY, OCTOBER 28, 2024 CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD 1 council action is based on the staff recommendation for each item. Refer to the council packet for each staff report. E.1 Approve City Council Work Session Minutes dated October 14, 2024 E.2 Approve City Council Minutes dated October 14, 2024 E.3 Receive Environmental Commission Minutes dated July 10, 2024 E.4 Approve Claims Paid dated October 28, 2024 E.5 Approve Agreement for the issuance of a building permit before demolition of an existing house at 3010 W 78th Street E.6 Authorization of Contract for the Rooftop Solar Project on the proposed new City Hall E.7 Approval of Fireworks Show Permit for the Feast of St. Hubert on November 2, 2024 E.8 Approve Encroachment Agreement at 2300 Lukewood Drive authorizing placement of a shed in Conservation Easement E.9 Resolution 2024-XX; Authorize condemnation of land associated with the TH 41 Roundabout project E.10 Resolution 2024-XX; Application for a MnDOT Active Transportation Planning Assistance Grant E.11 Resolution Authorizing the City of Chanhassen to Participate in a Process Exploring the Formation of a Transportation Management Organization Along Trunk Highway 7 E.12 Adopt Ordinance XXX: Amendment to the Children's Learning Adventure Planned Unit Development (PUD) F.VISITOR PRESENTATIONS Visitor Presentations requesting a response or action from the City Council must complete and submit the Citizen Action Request Form (see VISITOR GUIDELINES at the end of this agenda). G.FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE G.1 Quarterly Law Enforcement Update G.2 Quarterly Fire Department Update H.PUBLIC HEARINGS H.1 Resolution 2024-XX: Certification of Delinquent Utility Accounts and Code Enforcement Charges to the County Auditor H.2 Approve On-Sale Beer & Wine Liquor License for The OG Coffee & Wine, LLC, DBA The O.G. Coffee & Wine Bar located at 600 Market Street, Suite 110. I.GENERAL BUSINESS 2 J.COUNCIL PRESENTATIONS K.ADMINISTRATIVE PRESENTATIONS K.1 Chanhassen Bluffs Community Center Referendum Update L.CORRESPONDENCE DISCUSSION M.ADJOURNMENT GUIDELINES FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council Meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations. Anyone seeking a response or action from the City Council following their presentation is required to complete and submit a Citizen Action Request Form. An online form is available at https://www.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 October 28, 2024 Item Cannabis Ordinance Discussion File No.Item No: A.1 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Rachel Jeske, Planner Reviewed By Laurie Hokkanen SUGGESTED ACTION No formal action; discussion only. Motion Type N/A Strategic Priority N/A SUMMARY City staff in partnership with the City Attorney's office has drafted an initial ordinance regulating cannabis sales and manufacturing for review and discussion by the City Council. At this time, the draft ordinance has been drafted treating retail sale of Cannabis or Hemp largely the same way in which the sale of alcohol is regulated from a zoning standpoint. A key difference in the draft zoning regulation of cannabis and hemp compared to the zoning regulation for alcohol is that the draft cannabis and hemp ordinance does not allow for combined manufacturing or cultivation of cannabis or hemp along with retail sale of the product except for in industrial zoned areas. This is dissimilar from alcohol in that the City allows for breweries with taprooms or distilleries with tasting rooms as a conditional use within commercial zoning districts. Staff is unable to locate an example of a cannabis or hemp retail business that also has onsite manufacturing or cultivation and as a result is not proposed it be allowed through zoning regulations. BACKGROUND 4 DISCUSSION BUDGET RECOMMENDATION No recommendation at this time; discussion purposes only. ATTACHMENTS Cannabis Zoning Draft Ordinance Cannabis License Types Staff Memo 5 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. XXX AN ORDINANCE AMENDING CHAPTER 1, CHAPTER 11, AND CHAPTER 20 CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 1-2 of the City Code, City of Chanhassen, Minnesota, is hereby amended to include the following definitions: Adult-Use Cannabis Product: As defined under Minnesota Statutes, section 342.01, subd. 4. Cannabis: Any species of the genus cannabis plant, or any mixture or preparation of them including whole plant extracts and resins. Cannabis Business. A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis manufacturer, dispensary, cannabis wholesaler, cannabis transporter, cannabis testing facility, cannabis delivery services, or medical cannabis combination business licensed, or any use otherwise authorized, under Minnesota Statutes, Chapter 342. Cannabis Cultivation: A cannabis business licensed for planting, growing, harvesting, drying, curing, grading, or trimming of cannabis plants, cannabis flower, hemp plants, or hemp plant parts by a business licensed or authorized to cultivate cannabis or medical cannabis pursuant to Minnesota Statutes Chapter,342. Cannabis Distribution Facility: Any building, structure, vehicle or grounds where the storage or distribution (including either retail or wholesale distribution) of cannabis is performed. Cannabis Delivery Service: A person or entity licensed or otherwise authorized to purchase cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products from licensed cannabis microbusinesses with a retail endorsement, cannabis mezzobusinesses with a retail endorsement, dispensaries, medical cannabis dispensaries, and medical cannabis combination businesses; transport and deliver cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumable products to customers; and perform other actions pursuant to Minnesota Statutes, Chapter 342. Cannabis Laboratory: Any permanent or temporary building or structure; any mobile structure or vehicle; corporation; or other entity that examines, analyzes or tests samples of cannabis and is licensed by the State of Minnesota to do so. 6 Cannabis Manufacturing or Manufacturer: The process of converting or packaging harvested cannabis plant material into medical or recreational cannabis. Cannabis Mezzobusiness: A person or entity licensed to cultivate, manufacture, and sell products containing cannabis and related supplies and products and perform other actions authorized under a cannabis mezzobusiness license pursuant to Minnesota Statutes, Chapter 342. Cannabis Microbusiness: A person or entity licensed to cultivate, manufacture, and sell products containing cannabis and related supplies and products and perform other actions authorized under a cannabis microbusiness license pursuant to Minnesota Statutes, Chapter 342. Cannabis Retailer: Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form. Cannabis Retail Businesses: A state licensed retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, excluding lower-potency hemp edible retailers, pursuant to Minnesota Statutes, Chapter 342. Cannabis Testing Facility: A facility licensed to obtain and test immature cannabis plants and seedlings, cannabis flower, cannabis products, hemp plant parts, hemp concentrate, artificially derived cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products from cannabis microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, cannabis wholesalers, lower-potency hemp edible manufacturers, medical cannabis cultivators, medical cannabis processors, medical cannabis combination businesses, and industrial hemp growers pursuant to Minnesota Statutes, Chapter 342. Cannabis Transporter: An entity licensed or otherwise authorized to transport immature cannabis plants and seedlings, cannabis flower, cannabis products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, and hemp- derived consumer products from a cannabis business to a cannabis business pursuant to Minnesota Statutes, Chapter 342. Cannabis or Lower-potency Hemp Edible Manufacturing: An entity licensed or otherwise authorized for the creation of cannabis concentrate and manufacture of cannabis products and hemp-derived consumer products for public consumption pursuant to Minnesota Statutes, Chapter 342, an entity licensed or authorized to purchase hemp and artificially derived cannabinoids to make hemp concentrate; manufacture artificially derived cannabinoids and hemp edibles for public consumption; package and label lower- potency hemp edibles for sale to customers; sell hemp concentrate, artificially derived cannabinoids, and lower-potency hemp edibles to other cannabis businesses and hemp businesses; and perform other actions pursuant to Minnesota Statutes, Chapter 342, or an 7 entity in possession of a medical cannabis processor license pursuant to Minnesota Statutes, Chapter 342. Cannabis wholesaler: An entity licensed or authorized to obtain, store, and sell or otherwise transfer cannabis or hemp seeds, plants, flower, or other products for the purpose of resale or other transfer to a cannabis business, but not to consumers, pursuant to Minnesota Statutes, Chapter 342. Dispensary: An entity in possession of a cannabis retailer license or otherwise authorized to acquire, possess, transfer, sell, dispense, or distributes products containing cannabis and related supplies and products pursuant to Minnesota Statutes, Chapter 342. Lower-Potency Hemp Edible: As defined under Minn. Stat. 342.01 subd. 50. Lower-potency hemp edible retailer: A person or entity licensed or authorized to acquire, possess, transfer, sell, dispense, or distribute lower-potency hemp edible products and related supplies and products pursuant to Minnesota Statutes, Chapter 342. Medical Cannabis Combination Business: An entity authorized to cultivate, manufacture, and sell cannabis, hemp, and cannabis and hemp related supplies and products, and perform other actions authorized under a medical cannabis combination license pursuant to Minnesota Statutes, Chapter 342. Office of Cannabis Management: State of Minnesota Office of Cannabis Management, as may be referred to as “OCM” in reference to this title. Public Place: A public park or trail, public street or sidewalk; any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting rooms; common areas of rental apartment buildings, and other places of public accommodation. Preliminary License Approval: OCM pre-approval for a cannabis business license for applicants who qualify under Minn. Stat. 342.17. Residential Treatment Facility: As defined under Minn. Stat. 245.462 subd. 23. Retail Registration: Retail Registration: An approved registration issued by the City/Carver County to a cannabis retail business. State License: An approved license issued by the Office of Cannabis Management to a cannabis retail business. Section 2. Section 11-7 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended in its entirety to read as follows: Sec 11-7 Public Use Of Cannabis And Hemp In Public Place 8 No person shall use cannabis flower, cannabis products, lower potency hemp edibles, or hemp- derived consumer products in a public place or a place of public accommodation unless the premises is an establishment or an event licensed to permit on-site consumption of cannabis or hemp products. (a) Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Cannabis means any product containing the harvested flower, bud, leaves, or stems of a plant of the genus Cannabis that has a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis. Cannabis includes adult-use cannabis flower, medical cannabis flower, and any derivative, concentrate, extract, resin, or other product made from a cannabis plant. Hemp means any product containing the harvested flower, bud, leaves, or stems of a plant of the genus Cannabis that has a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis. Hemp includes any derivative, concentrate, extract, resin, or other product made from a hemp plant. Electronic Device means any product containing or delivering a substance intended for human consumption through the inhalation of aerosol or vapor from the product. Electronic delivery device includes but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or under any other product name or descriptor. Smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated product that is intended for inhalation. Smoking included using an electronic delivery device. Public Place means property owned, leased, or controlled by a governmental unit and private property that is regularly and frequently open to or made available for use by the public in sufficient numbers to give clear notice of the property's current dedication to public use. Public Place does not include the following: 1) a private residence including the person’s curtilage or yard; 2) private property not generally accessible by the public, unless the person is explicitly prohibited from consuming cannabis flower, cannabis products, lower- potency hemp edibles, or hemp-derived consumer products on the property by the owner of the property; or 3) the premises of an establishment or event licensed to permit on-site consumption. b) Prohibited Activity. No person shall smoke cannabis or hemp in a public place. c) Penalty. Violation of this section shall be a petty misdemeanor. Section 3. Article 20, Division 20-XXXIII of the Chanhassen City Code is amended to add a new Section 20-973 to read as follows: Section 20-973 Reserved 9 Section 20-973 Cannabis Business Uses (a) Purpose The purpose of this Section is to establish provisions for the opportunity as well as controls of cannabis business uses within the City. (b) General Performance Standards. (1) A cannabis business must be registered in accordance with Chapter 10 of the City Code to operate within the city. (2) A cannabis business must provide evidence of a state license issued under Minnesota Statues, section 342.14 and all applicable state laws and regulations. (3) All cannabis businesses must be in compliance with the provisions of Chapter 20 of the City Code and all applicable state laws and regulations related to the operation of the cannabis business. (4) Advertising a. The size, number, and location of signs for cannabis businesses must meet the regulations of the City of Chanhassen’s sign ordinance. (c) Performance Standards for Cannabis Uses in Commercial Zoning Districts (1) The cannabis business shall be conducted entirely within a principal structure and all outside storage is prohibited. (2) All waste and recycling containers shall be kept within a principle or accessory building. (3) Hours of operation: ten o’clock (10:00) AM to ten o’clock (10:00) PM. (4) Sufficient measures and means of preventing any gas, vapors, odors, smoke, debris, dust, fluids or other substances from exiting a cannabis business shall be provided for at all times. (5) Cannabis cultivations shall not be perceptible from the exterior of the building in which cultivation occurs. (6) Minimum Buffer Requirements a. The City shall prohibit the operation of a cannabis business within 500 feet of a school or residential treatment facility in the Highway Business District, Central Business District, and General Business District. b. Nothing in Section shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school, or residential treatment facility that is regularly used by minors 10 moves within the minimum buffer zone. (7) Security: a. Burglary alarm systems with audible and police notification components that are professionally monitored and maintained in good working condition shall be installed on all doors, windows, and access points. b. Surveillance cameras shall be installed and operate twenty-four (24) hours a day, seven (7) days a week, with thirty (30) day video storage, to monitor all entrances and trash receptacles, along with the interior and exterior of the premises shall be required. c. Exterior lighting shall be required sufficient for observers to see and for cameras to record, that is either constantly on or activated by motion detectors. d. Deadbolt locks shall be installed and utilized on all exterior doors and locks shall be installed on all other windows or access points. (d) Performance standards for Cannabis Uses in Industrial Zoning Districts (1) The cannabis business shall be conducted entirely with a principal structure and all outside storage is prohibited. (2) All waste and recycling containers shall be kept within a principle or accessory building. (3) Hours of operation: seven o’clock (7:00) AM to ten o’clock (10:00) PM. Retail operation (microbusiness license only) is limited to ten o’clock (10:00) AM to ten o’clock (10:00) PM. (4) All on-site consumption of cannabis (in a microbusiness licensed facility only) shall be entirely indoors. (5) Sufficient measures and means of preventing any gas, vapors, odors, smoke, debris, dust, fluids or other substances from exiting a cannabis business shall be provided for at all times. (6) Cannabis cultivation shall not be perceptible from the exterior of the building in which cultivation occurs. (7) Security: a. Burglary alarm systems with audible and police notification components that are professionally monitored and maintained in good working condition shall be installed on all doors, windows, and access points. b. Surveillance cameras are required and must operate twenty-four (24) hours a day, seven (7) days a week, with thirty (30) day video storage, to monitor 11 all entrances and trash receptacles, along with the interior and exterior of the premises. c. Exterior lighting shall be required sufficient for observers to see and for cameras to record, that is either constantly on or activated by motion detectors. d. Deadbolt locks shall be installed and utilized on all exterior doors and locks shall be installed on all other windows or access points. (8) Vehicles: a) All vehicles stored on site shall comply with provisions in Chapter 20 of this title and shall be enclosed in a secured fenced area. No non-business related vehicles shall be stored on site. Section 4. Section 20-712 of the City Code (“BH” Highway and Business Servies District, Permitted Uses), City of Chanhassen, Minnesota, is hereby amended to add the following uses alphabetized accordingly within the Section: Cannabis Retailer/Dispensary meeting performance standards of Chapter 20, Section 973. Cannabis Medical Retailer/Dispensary meeting performance standards of Chapter 20, Section 973. Lower-potency hemp edible retailer. Section 5. Section 20-732 of the City Code, (“CBD” Central Business District, Permitted Uses), City of Chanhassen, Minnesota, is hereby amended to add the follow uses alphabetized accordingly within the Section: Cannabis Retailer/Dispensary meeting performance standards of Chapter 20, Section 973. Cannabis Medical Retailer/Dispensary meeting performance standards of Chapter 20, Section 973. Lower-potency hemp edible retailer. Section 6. Section20-752 of the City Code (“BG” General Business District, Permitted Uses), City of Chanhassen, Minnesota, is hereby amended to add the following uses alphabetized accordingly within the Section: Cannabis Retailer/Dispensary meeting performance standards of Chapter 20, Section 973. Cannabis Medical Retailer/Dispensary meeting performance standards of Chapter 20, Section 973. 12 Lower-potency hemp edible retailer. Section 7. Section 20-812 of the City Code (“IOP” Industrial Office Park, Permitted Uses), City of Chanhassen, Minnesota, is hereby amended to add the following uses alphabetized accordingly within the Section: Cannabis Businesses: cultivator (including medical), manufacturer (including medical and lower potency Hemp edible), mezzobusiness, testing facility, and wholesaler meeting the performance standards in Chapter 20, Section 973. Cannabis Businesses: microbusiness, medical combined transporter and delivery service, transporter and delivery service meeting the performance standards in Chapter 20, Section 973. Section 9. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this ___day of _____, 2024, by the City Council of the City of Chanhassen, Minnesota ______________________________ ________________________________ Jenny Potter, City Clerk Elise Ryan, Mayor (Published in the _________________________ on ______________________________) 13 Background Information - State License Types License Type Definition Fee Schedule (State License) Microbusiness Microbusinesses may cultivate cannabis and manufacture cannabis products and hemp products and package such products for sale to customers or another licensed cannabis business. Microbusiness may also operate a single retail location. They can also have on-site lounges where customers can use cannabis. Application: $500 Initial License: $0 Renewal: $2,000 Mezzobusiness Mezzobusinesses may cultivate cannabis and manufacture cannabis products and hemp products and package such products for sale to customers or another licensed cannabis business. Mezzobusiness may also operate up to three retail locations. This license type is available in limited quantities, and licensees will be selected through a vetted lottery. Application: $5,000 Initial: $5,000 Renewal: $10,000 Cultivator Cultivators may cultivate cannabis and package such cannabis for sale to another licensed cannabis business. This license type is available in limited quantities, and licensees will be selected through a vetted lottery. Application: $10,000 Initial: $20,000 Renewal: $30,000 Manufacturer Manufacturers may process raw cannabis plants into various products, such as edibles, concentrates, wax, oils, and tinctures. Manufacturers can buy cannabis flowers, cannabis products, and lower-potency hemp products from other cannabis businesses. They turn these materials into cannabis products, then package and sell them to other cannabis businesses. This license type is available in limited quantities, and licensees will be selected through a vetted lottery. Application: $10,000 Initial: $10,000 Renewal: $20,000 Retailer Retailers may sell immature cannabis plants and seedlings, cannabis, cannabis products, hemp products, and other products authorized by law to customers and patients. They can buy cannabis (including plants and seedlings) and lower-potency hemp products from other cannabis businesses and sell them to customers. This license type is available in limited quantities, and licensees will be selected through a vetted lottery. A cannabis retailer may operate up to five retail locations; however, no person, cooperative, or business may hold a license to own or operate more than one cannabis retail business in one city and three retail businesses in one county. Application: $2,500 Initial: $2,500 Renewal: $5,000 Wholesaler Wholesalers may purchase and/or sell immature cannabis plants and seedlings, cannabis, cannabis products, and hemp products from another licensed cannabis business. Wholesalers may also import hemp-derived consumer products and lower-potency hemp edibles. Application: $5,000 Initial: $5,000 Renewal: $10,000 Transporter Transporters may transport immature cannabis plants and seedlings, cannabis, cannabis products, and hemp products to licensed cannabis businesses. Application: $250 Initial: $500 Renewal: $1,000 14 Testing Facility Testing facilities may obtain and test immature cannabis plants and seedlings, cannabis, cannabis products, and hemp products from licensed cannabis manufacturer and cultivator businesses to test. They ensure these products meet safety standards. Application: $5,000 Initial: $5,000 Renewal: $10,000 Event Organizer Cannabis event organizers plan and host events featuring cannabis, and may allow for the sale of cannabis, cannabis products, and lower-potency hemp products to consumers at events like festivals (an event cannot last more than four days). An event organizer must receive local approval, including obtaining any necessary permits or licenses issued by a local unit of government. On-site consumption is allowed if approved by local government, in an access-restricted area not visible to the public and where smoking is not otherwise prohibited. Application: $750 Initial: $750 Delivery Service Delivery services may purchase cannabis, cannabis products, and hemp products from retailers or cannabis business with retail endorsements for transport and delivery directly to customers. Application: $250 Initial: $500 Renewal: $1,000 Medical Cannabis Combination Business Medical cannabis combination businesses may cultivate cannabis and manufacture cannabis and hemp products, and package such products for sale to customers, patients, or another licensed cannabis business. Medical cannabis combination businesses may operate up to one retail location in each congressional district. Application: $10,000 Initial: $20,000 Renewal: $70,000 LPHE Manufacturer Lower-potency hemp edible manufacturers may manufacture and package lower-potency hemp edibles for consumer sale, and sell hemp concentrate and lower-potency hemp edibles to other cannabis and hemp businesses. This license type cannot hold any cannabis business licenses. Sale of a product designed to be consumed on-site requires an on-sale (liquor) license. Application: $250 Initial: $1,000 Renewal: $1,000 LPHE Retailer Lower-potency hemp edible retailers may sell lower-potency hemp edibles to customers. This license type cannot hold any cannabis business licenses. Sale of a product designed to be consumed on- site requires an on-sale (liquor) license. Application: $250 Initial: $250 Renewal: $250 (Per retail location) *Note that the local registration fee is limited to a maximum of half of the state fee, and not all businesses have to register. 15 Cannabis Zoning Memo October 23, 2024 Page 1 Date: October 23, 2024 To: Laurie Hokkanen, City Manager From: Rachel Jeske, Planner Eric Maass, AICP, EDFP, Community Development Director Re: Recommendations Regarding Zoning and Registration of Licensed Cannabis Businesses During the 2023 Legislative Session, the State of Minnesota legalized the possession, use, manufacturing, and sale of certain cannabis products. The State created the Office of Cannabis Management (OCM) to help implement the new legislation statewide. The new law creates 13 cannabis and hemp license types through the OCM, which represent land uses for which cities need to accommodate within their jurisdictions by amending existing zoning definitions and standards, creating new definitions and standards, or zoning administrator interpretations. Local governments may not prohibit the possession, transportation, or use of cannabis, or the establishment or operation of a cannabis business licensed under state law, nor may they require additional licensing of cannabis businesses. However, they may adopt reasonable restrictions on the time, place, and manner of cannabis business operations, register retail cannabis businesses, and enforce certain zoning regulations within their jurisdiction, including buffers around potentially incompatible uses. The state has released a model ordinance that cities can edit to fit their needs to assist with creating local regulations. The model ordinance is attached as an exhibit for reference. The City Council needs to make decisions on: 1. Local zoning controls 2. Local registration vs deferment to Carver County The City Council may not: 1. Limit the number of local licenses beyond that specified in statute (1 per 12,500 residents) 2. Limit zoning controls to effectively ban cannabis sales 3. Implement local sales tax Zoning Regulations The city can limit what zones cannabis businesses can operate in. As with other uses in the Zoning Ordinance, the city can also determine if such use is allowed as a Permitted use or if it requires a Conditional or Interim Use Permit. The city can also adopt distance requirements that prohibit the operation of cannabis businesses within a certain distance of presumably incompatible land uses, including places where minors regularly congregate (e.g., schools, daycares, attractions within public parks) and residential treatment facilities. However, state statute does not allow a 16 Cannabis Zoning Memo October 23, 2024 Page 2 jurisdiction to outright prohibit a cannabis business through overly burdensome buffering requirements. Staff is recommending the following updates to our zoning ordinance: Category Use State License Type Use Zoning Districts Notes Cannabis Retail/Dispensary Business Retailer Medical Combination Business P BH, CBD, BG Cannabis retail facilities align with general retail establishments and are prohibited from allowing consumption or use onsite. Cannabis Retail + Manufacturing Business Mezzo-business Micro-business P IOP Light industrial business operations are permitted in the IOP zoning district. Cannabis Manufacturing Business Cultivator Manufacturer Transporter Testing Facility P IOP Odor, use standards, externalities compatible with other industrial uses, e.g., greenhouses and manufacturing, should be considered. Hemp Retail Business Lower-potency hemp edible retail P BH, CBD, BG Hemp retail facilities align with general retail establishments and are prohibited from allowing consumption or use onsite. Hemp Manufacturing Business Lower-potency hemp edible manufacturing P IOP Odor, use standards, externalities compatible with other industrial uses. P = Permitted Zoning for Retail As noted above, staff is recommending that retail operations are kept consistent with existing land use classifications. For cannabis retail businesses, those comparable existing land use classifications are most likely tobacco sales or liquor sales. Due to the nature of cannabis, staff has chosen to align cannabis as a land use similarly to alcohol/liquor sales. The Minnesota Department of Health has been registering businesses that would like to sell hemp-derived cannabinoid products since fall of 2023. There are currently 14 businesses in Chanhassen that are registered to sell these products. Staff proposes permitting the sale of hemp-derived cannabinoid edibles in the same zoning districts in which cannabis micro and mezzo-businesses are permitted (i.e. IOP). Staff is recommending that cannabis sales are worked into our existing zoning code regulations, as opposed to creating new districts or overlays for cannabis sales. State statute allows cities to 17 Cannabis Zoning Memo October 23, 2024 Page 3 limit the number of cannabis retail locations to one per every 12,500 residents. Staff recommend that the city adopts this limitation and only permits up to three cannabis retail restrictions within the city. The City may if it desires, delegate that licensing to Carver County; however, it is yet to be determined if Carver County would ensure that Chanhassen would only receive up to the three cannabis retail businesses as would be allowed if the City kept the retail licensing. Buffers for Cannabis Retail Businesses Buffer requirements are optional to implement, and they cannot be larger than the requirements set by the State Law (1,000 feet from schools and 500 feet from daycares, residential treatment facilities, or an attraction within a public park that is regularly used by minors, including a playground or athletic field). An active cannabis business or a cannabis business seeking registration would be able to continue operation at the same site if a school/daycare/residential treatment facility/attraction within a public park that is regularly used by minors moves within the minimum buffer zone. Staff recommends that a 500-foot buffer from both schools and residential treatment facilities in the BH, CBD, and BG districts. Zoning for Mixed Retail and Manufacturing Microbusinesses, Mezzobusinesses, and Medical Combination Businesses are a combination of commercial and industrial operations. These types of uses are allowed to grow onsite and sell what they have grown. Staff is recommending treating micro- and mezzobusinesses similar to typical light industrial uses and as a result have only suggested that they be allowed as a permitted use within the Industrial Office Park (IOP) zoning district. Business Type Maximum Grow Operation Maximum Retail Component Microbusiness 5,000 square feet of canopy One retail location Mezzobusiness 15,000 square feet of canopy Up to three retail locations Medical Combination 60,000 square feet of medical cannabis plant canopy and possible additional 30,000 square feet of adult- use plant canopy. Up to five retail locations Restrictions on Hours of Operation and Advertising It is within the city’s purview to place limitations on the hours of operation of cannabis businesses and permitted signage. For cannabis businesses, staff recommends that operation is limited to between the hours of 10 a.m. and 10 p.m. For businesses authorized to sell hemp- 18 Cannabis Zoning Memo October 23, 2024 Page 4 derived cannabinoid products, staff recommends that these operations are permitted during regular business hours due to the difficulty to enforce additional restrictions. The Office of Cannabis Management limits cannabis business to two fixed signs to the exterior to the building, unless otherwise limited by the city’s sign ordinance. Staff recommends that the size, number, and location of signs must meet the regulations of the city’s existing sign ordinance. Zoning for Temporary Cannabis Events & On-Site Consumption One of the 13 license types offered by the Office of Cannabis Management is a Cannabis Event Organizer license. The state defines temporary cannabis events as events with the sale or consumption of cannabis and/or hemp-derived cannabinoid products. Staff proposes that the city-permitting process for cannabis events is treated similarly to existing temporary event permitting within the city. Staff recommends that cannabis events are limited to only be held at facilities with on-sale alcohol licenses and that on-site consumption is limited to edible hemp-derived cannabinoid products. 19 City Council Item October 28, 2024 Item Pickleball Court Location Discussion Item No:A.2 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Jerry Ruegemer, Park and Recreation Director SUGGESTED ACTION City Council provides feedback and guidance to staff regarding whether the city should consider converting neighborhood tennis courts to pickleball courts and the desired location for constructing future pickleball courts. SUMMARY Residents often ask the city to c onvert tennis courts to pickleball courts. Residents indicate tennis courts are rarely used and Pickleball demand is on the rise. Pickleball is one of the fastest-growing sports in the United States and shows no signs of slowing down. The Park and Recreation Commission examined and discussed pickleball court locations throughout Chanhassen and the plan for future expansion. Key points from the September 24th meeting are as follows: Commission discussed distances from courts to residential homes One commissioner indicated they live 2 blocks away from Roundhouse pickleball courts and can hear paddle noise Discussed how much it costs to convert tennis courts to pickleball courts ($1,500) Commission asked how many individuals play tennis vs pickleball Can we convert hockey rinks to pickleball courts Is there an ideal ratio between available tennis and pickleball courts Should there be an ideal standard for pickleball courts(s) distance away from residences Commissioners felt that small neighborhood parks couldn't accommodate the parking for 20 pickleball BACKGROUND DISCUSSION On September 24, 2024, the Park and Recreation Commission considered this item. Commissioner Pharis moved, Commissioner Fulkerson seconded to approve the Park and Recreation Commission recommendation to the City Council to approve that the city not convert neighborhood tennis courts to pickleball courts and adopt the practice of locating pickleball courts within Community Parks to create further distance from resident housing, which will reduce noise complaints, and where ample parking is more available. All voted in favor and the motion carried unanimously with a vote of 7 to 0. RECOMMENDATION City Council provides feedback and guidance to staff regarding whether the city should consider converting neighborhood tennis courts to pickleball courts and the desired location for constructing future pickleball courts. ATTACHMENTS PRC Minutes 09-24-24 Debbie Larson 4.22.24_Redacted Pickleball Tennis Court City Council Presentation October 28, 2024 21 CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING MINUTES SEPTEMBER 24, 2024 Chair Peck called the meeting to order at 6:10 p.m. MEMBERS PRESENT: Jim Peck, Chair; Dan Eidsmo; Rob Swanson; Scott Pharis; Kristin Fulkerson; Michael Leisen; Sean Morgan; Clara Christenson, youth. MEMBERS ABSENT: Michael Leisen; Aayan Shrestha, youth. STAFF PRESENT: Jerry Ruegemer, Park and Recreation Director; Adam Beers, Park Superintendent; Luke Kegley, Recreation Supervisor; Jodi Sarles, Rec Center Manager; Mary Blazanin, Senior Center Coordinator. PUBLIC PRESENT: None. APPROVAL OF AGENDA: Commissioner Fulkerson moved, Commissioner Eidsmo seconded to approve the agenda as presented. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC ANNOUNCEMENTS: None. VISITOR PRESENTATIONS: 1. Chanhassen Farmers Market Presentation Holly Bustle presented an overview of the Chanhassen Farmers Market. APPROVAL OF MINUTES: 1. Approve Park & Recreation Minutes dated August 27, 2024 Commissioner Pharis moved, Commissioner Swanson seconded to approve the minutes of the Park and Recreation Commission meeting dated August 27, 2024 as presented. All voted in favor and the motion carried unanimously with a vote of 7 to 0. GENERAL BUSINESS: 1. 2024-2025 Ice Skating Rink Location Recommendations 22 Park and Recreation Commission Minutes – September 24, 2024 2 Luke Kegley, Recreation Supervisor, reviewed the 2024-2025 skating season and recommended flooding 11 ice rinks at six locations. He summarized the skating locations and the warming house hours. He explained the expenses associated with the skating rink maintenance, wages, and warming house rentals. Commissioner Fulkerson moved, Commissioner Eidsmo seconded to approve the Park and Recreation Commission Staff’s recommendation to the City Council to approve the following ice-skating rink locations and warming house hours be maintained for the 2024- 2025 season. All voted in favor and the motion carried unanimously with a vote of 7 to 0. 2. Pickleball Court Location Discussion Jerry Ruegemer, Park and Recreation Director, explained the requests that the Park and Recreation Department received to convert tennis courts to pickleball courts. He discussed the advantages and disadvantages of converting tennis courts to pickleball courts. He reviewed the current pickleball court and tennis court locations. He showed a video to demonstrate the noise associated with pickleball and explained the potential noise complaints of placing pickleball courts in a neighborhood. He commented that lawsuits about pickleball noise complaints do exist. Commissioner Eidsmo asked if there were regulations in Chanhassen related to the decibels of noise. Mr. Ruegemer answered that pickleball was recognized around 70 decibels. He stated that the sound of pickleball is annoying to residents. Commissioner Fulkerson stated that she lives two blocks from the Roundhouse pickleball courts and commented that they hear noise from the courts all day during the summer. Mr. Ruegemer suggested locating pickleball courts in community parks or at the recreation center to accommodate parking for pickleball games and to provide distance from residents to reduce concerns with the noise. Commissioner Pharis asked how much it cost to convert a tennis court to a pickleball court and how much it cost to put a pickleball court in from scratch. Adam Beers, Park Superintendent, answered that it cost around $1500 to convert a tennis court to a pickleball court. He commented that half of the pickleball population would complain about the height difference between a tennis net and a pickleball net. Mr. Ruegemer commented that to create four pickleball courts from scratch would be between $200,000 to $250,000. 23 Park and Recreation Commission Minutes – September 24, 2024 3 Mr. Beers stated that adding fencing, lights, and painting would be more than $200,000. Chair Peck asked about how many individuals played tennis and how many individuals played pickleball. Mr. Ruegemer answered that he did not know the exact number, but that pickleball is more popular. Commissioner Eidsmo asked about using the hockey courts as pickleball courts. Mr. Ruegemer responded that the conditions of the hockey courts was not suitable for a pickleball court. A skatepark would be relocated at the location of the hockey courts. Commissioner Morgan asked about the path of the motion and what action would occur. Mr. Ruegemer answered that the staff was seeking a recommendation from the Park and Recreation Commission so that the City Council could review the decision. The Park and Recreation Department is looking for clear direction moving forward. Commissioner Morgan questioned if there was an ideal ratio of pickleball and tennis courts. Mr. Ruegemer responded that they could meet the ideal ratio at the community parks through the creation of additional pickleball courts. Commissioner Morgan asked about a policy to set an ideal standard for the distance of a pickleball court to residents. Mr. Ruegemer answered that it is less likely to have a noise complaint in a community park, as many residents do not live directly near the parks. Commissioner Fulkerson stated that Roundhouse Park did not have a lot of parking, and the traffic had increased exponentially to access the pickleball courts. She commented that small neighborhood parks cannot accommodate the parking of pickleball. Commissioner Pharis asked how many pickleball courts would be at the new recreation center if it was approved. Mr. Ruegemer responded that there are nine proposed indoor courts. Commissioner Morgan suggested an amendment to the last clause to state “which will reduce noise complaints” because they cannot promise no noise complaints. He commented that there was a typo with the word ample. 24 Park and Recreation Commission Minutes – September 24, 2024 4 Commissioner Pharis moved, Commissioner Fulkerson seconded to approve the Park and Recreation Commission Staff’s recommendation to the City Council to approve that the city not convert neighborhood tennis courts to pickleball courts and adopt the practice of locating pickleball courts within Community Parks to create further distance from resident housing, which will reduce noise complaints, and where ample parking is more available. All voted in favor and the motion carried unanimously with a vote of 7 to 0. REPORTS: 1. 2024 Lake Ann Park Concession & Watercraft Rental Evaluation Luke Kegley, Recreation Supervisor, summarized the concession and boat rental services for summer 2025. He noted the successful partnership with Grey Duck Outdoor to provide, license, and maintain all paddleboards. He reviewed the concession stand and the partnership with Boba Tonka Bubble Tea, noting that the digital menu boards had a technical issue, but the concession stand sales were still successful. He provided an overview of the best-selling items at the concession stand. He commented that the lack of lifeguards and the weather impacted the attendance at Lake Ann. Commissioner Eidsmo asked for more information about the lifeguard decision. Mr. Kegley responded that Lake Ann was able to operate at a desired population. Mr. Ruegemer stated that Chanhassen did employment campaigns to hire lifeguards but was unsuccessful. The staff expected a dip in attendance without the lifeguards. He thought that the numbers would increase in a few years and noted the poor weather throughout the summer. He stated they received minimal complaints about the lack of lifeguards and received feedback about parents better engaging with their children in the water. Commissioner Christensen said that she worked at the Lake Ann Camp, and they were able to adjust without lifeguards. Mr. Ruegemer commented that they tried to find lifeguards and it is difficult to find lifeguards across the nation. 2. Recreation Center Quarterly Update Jodi Sarles, Rec Center Manager, stated that they had finished the summer cleaning. They purchased new plastic chairs, which the staff can clean better after birthday parties. The rec center also replaced a few pieces of exercise equipment, including a bike, a stair stepper, and two ellipticals. She reviewed different activities that occurred at the rec center and noted the successes and the attendance. She said that she hired a part-time staff member as a coordinator at the rec center. 25 Park and Recreation Commission Minutes – September 24, 2024 5 3. Park Maintenance Quarterly Update Adam Beers, Park Superintendent, explained how trail projects are normally determined. He said that with the increased road construction, they were able to build additional trails at 101 North because of the MnDOT road project. He commented that they were able to redo 101 South from Highway 5 to Lyman with the County Road project. He reviewed additional trails that were being fixed, including Bluff Creek Preserve, Stone Creek Park connection, Galpin Road project, and the South Lotus Lake Park. He provided an overview of the park maintenance that crews were completing. He recognized the importance of seasonal staff. Commissioner Fulkerson asked if they could put up QR codes for the see, click, fix so people can report needed maintenance. Mr. Beers responded that they would consider this suggestion. Commissioner Morgan asked if they were working with Shorewood to extend the Galpin Road trail project. Mr. Ruegemer answered that this extension had been discussed, but it had been challenging to figure out a funding source. He stated that they would find out where the project stood with Shorewood and provide a report. 4. Senior Center Quarterly Update Mary Blazanin, Senior Center Coordinator, reviewed the Senior Center programs and the impact from the summer slowdown and the relocation to the Chanhassen Recreation Center. She explained the challenges with the bus trips, including the higher fees for attendees. They had to cancel a few trips for a lack of enrollment. She summarized the attendance for the different educational workshops, educational speakers, lunch and learn with Mayor Ryan, and activity groups. She provided updates from the Commission on Aging. COMMISSION MEMBER COMMITTEE REPORTS: None. COMMISSION MEMBER PRESENTATIONS: Commissioner Fulkerson presented information about the Windjammers Synchronized Skating Program, which held a retreat at Lake Ann Park. Commissioner Morgan presented information about electric bikes and noted different digital messages about safety recommendations. He asked about potential positive reinforcements or messages to encourage safety with electric bikes in a formalized manner. Chair Peck asked if the city had any ordinances. 26 Park and Recreation Commission Minutes – September 24, 2024 6 Commissioner Fulkerson said that people are supposed to be fifteen to ride the bikes, but it was not an ordinance. Mr. Ruegemer reviewed potential issues with electric bikes and noted different regulations that could be imposed. ADMINISTRATIVE PRESENTATIONS: None. ADJOURNMENT: Commissioner Eidsmo moved, Commissioner Pharis seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 7 to 0. The Park and Recreation Commission meeting was adjourned at 7:47 p.m. Submitted by Jerry Ruegemer Park and Recreation Director 27 28 Pickleball/Tennis Court Discussion October 28, 2024 City Council Meeting 29 Can We Convert Tennis Courts to Pickleball? Residents indicate tennis courts are never are used Pickleball demand is on the rise Is this request considered? 30 Current Pickleball Courts 6 –Chanhassen Recreation Center 4 –Roundhouse Park 1-North Lotus Lake Park (lines on tennis court) 1-Bandimere Heights Park –(lines painted on basketball court) 12 Total 31 32 Private Pickleball Lifetime Fitness –8 Courts (indoor) Lifetime Fitness -7 Courts (outdoor) Mega Pickleball –6 Courts (indoor) Total Private Courts -21 33 Future Pickleball Courts 4 -Civic Campus (new city hall) 4+ –Bandimere Community Park (pad graded & ready) Lake Susan Park -Add lines to tennis courts? Lake Ann Park –Convert tennis court to pickleball? 34 Projected Maintenance •Surface Maintenance •Cleaning –Sweeping/Blowing Debris •Crack Repair –Fill Cracks/Sealants (3-5 Years) $2,500 •Resurfacing –Saw Cut, Fill Cracks, Grind & Sand Crack Surface, Paint (7-10 Years) $50+K •Total Full Reconstruction –Mill/Overlay, New Paint/Lines (20-25 Years) $150K-$175K •Net & Post Maintenance •Net Replacement –(1-2 Years) •Post Repairs –(10-15 Years) *Minnesota’s weather elements dictates repairs are needed more frequently. Freeze and thaw cycles create cracks and undesirable playing surfaces effecting the quality of play for our customers 35 Meadow Green Park Recommended minimum distance of 500 ft from residences Current distance to closest house, 66 ft 36 Bandimere Heights Park 87 ft Court To Residence 1 Pickleball on Basketball Court 37 North Lotus Lake Park 200+ ft Distance From Residence Dual Lined Courts (1 Pickleball, 1 Tennis) 38 Pickleball Sounds recording of pickleball sounds -Google Search 39 Lawsuit Cases Against City’s Yes, residents have sued cities over pickleball courts, usually due to noise complaints. Pickleball, while increasingly popular, has drawn criticism for the loud popping sound of the paddles hitting the plastic balls. This sound can be particularly bothersome for nearby residents. Some cases include: 1. **Mission Viejo, CA (2022):** Residents sued the city over noise from pickleball courts, claiming it created a nuisance that negatively impacted their quality of life. The city eventually agreed to close the courts and pay for noise mitigation measures. 2. **Pinehurst, NC (2021):** Residents filed a lawsuit against the city due to excessive noise from pickleball courts near their homes. This led to adjustments in playing times and restrictions on the number of courts. 3. **San Diego, CA (2023):** A lawsuit was filed due to the continuous noise from pickleball courts in a local park. As a result, the city implemented noise-reducing measures, such as sound barriers and specific playing hours. 40 Minnesota Noise Complaints These cases reflect growing tensions in some communities as pickleball expands in popularity, leading to discussions about balancing recreational needs with residents' rights to quiet environments. Yes, there have been cases in Minnesota where residents have raised legal challenges or complaints against pickleball courts due to noise concerns. While full lawsuits may not be as common, there have been documented disputes and legal threats that have led to changes or closures of pickleball courts in some areas. For instance: 1. **Edina, MN (2022):** In the City of Edina, residents near a park complained about the noise from newly installed pickleball courts. This led to community meetings, noise studies, and the eventual reduction in the number of pickleball courts. 2. **Minnetonka, MN (2021):** In City of Minnetonka, residents expressed frustrations with the noise from pickleball games in local parks. Although it did not escalate to a full lawsuit, the city implemented noise reduction strategies, including limiting play hours and adding sound barriers. These cases show that while full lawsuits may be rare, noise concerns surrounding pickleball courts have led to significant community tensions and actions by local governments in Minnesota. 41 Park & Rec Commission Recommendation September 24, 2024 Commissioner Pharis moved, Commissioner Fulkerson seconded to approve the Park and Recreation Commission recommendation to the City Council to approve that the city not convert neighborhood tennis courts to pickleball courts and adopt the practice of locating pickleball courts within Community Parks to create further distance from resident housing, which will reduce noise complaints, and where ample parking is more available. All voted in favor and the motion carried unanimously with a vote of 7 to 0. 42 Council Consideration City Council provides feedback and guidance to staff regarding whether the city should consider converting neighborhood tennis courts to pickleball courts and the desired location for constructing future pickleball courts. Should they be constructed in Community Parks? 43 Questions? 44 City Council Item October 28, 2024 Item Highway 7 Corridor Communities 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 Receive information Motion Type N/A Strategic Priority Communications SUMMARY BACKGROUND Through the 2024 legislative session, the City of Shorewood received $200,000 from the State to develop a transportation management organization for the Hwy 7 Corridor. Link to legislation: https://www.revisor.mn.gov/laws/2024/0/Session+Law/Chapter/127/ A group of Engineers, Managers, and Mayors of Hwy 7 cities have met a few times to understand how these funds can be used to advance safety improvements on Hwy 7. There was consensus to explore the formation of a TMO using a consultant, and cities are asked to pass a resolution supporting participation in the process. That resolution is attached and is also on the regular City Council agenda for consideration. The goal of forming a TMO is to increase visibility of the needs on Hwy 7 and accelerate investment by MNDOT. A draft schedule for the Scope of Work is as follows: 45 Present to Mayors for discussion before finalizing RFP (Early November after election) Submit RFP to MNDoT for approval (Mid November) Shorewood enters into MNDoT Grant Agreement (December) Issue RFP in January Selection / Contract by March Start early Q2 2025 DISCUSSION BUDGET There is not an anticipated cost to cities to complete the study or that is committed to through adoption of the resolution. However, the City Council should be aware that a financial contribution for the participation in a TMO will likely be a discussion item in the future. RECOMMENDATION ATTACHMENTS Hwy 7 Sept 11 2024 PowerPoint Resolution 46 Hwy 7 Corridor Communities Meeting September 11, 2024 Shorewood Community and Event Center 47 Agend a •Welcome and Introductions •City Engineer Updates •Safe Road Zone Grant •Lessons from I-94 Corridor Coalition •Legislative Funding for Transit Management Organization •Proposed Next Steps 48 City Engineer Updates •Corridor Study Update 49 Safe Road Zone Grant •$PMMBCPSBUJPO)XZr 4U-PVJT1BSLUP4U#POJGBDJVT •"MMDJUJFTBOEBHFODJFTIBWFTJHOFEB+1" • r &YUSB&OGPSDFNFOU • r &EVDBUJPO "XBSFOFTT 5FDIOPMPHJFT •4PDJBM.FEJB5SBEJUJPOBM.FEJB •.JOOFUPOLB)47BOUBHF •&OGPSDFNFOU5FDIOPMPHJFT •4JHOBHF 50 Lesson s from I-94 Coalit ion •I-94 Coalition formed 20 years ago •Why Formed •Advocate for improvements (Maple Grove to St. Cloud)…aggressively •Focus on bite-sized projects •Projects in 2013, 2014, 2017 •Consistent and collective messaging •Organizational structure and approach •Not a Joint Powers Agreement (JPA) •Initially Chamber of Commerce •Non-profit, 501(c)(3) •Allows for business contributions – tax incentive. 51 Lesson s from I-94 Coalit ion •Coalition Activities •Approximately $100K/year on consultants •$50K for public relations/communication/marketi ng •Maintaining a web presence, printed literature, brochures, etc. •Digital billboards •$20-40K for lobbying •Having a Washington, DC presence helps push MnDOT. Federal dollars flow to state. •Annual Fly-In •$10K for special events •Hosting an event when there was a success 52 Lesson s from I-94 Coalit ion •Other considerations •Each member pays annual dues: .50cents/capita, no more than $10K •Every city wanted to do their own thing – strength in numbers •They all advocate together, one collective voice •Create a narrative – make case for investments (more than just accidents) 53 Legisla tive Funding for TMO •$200,000 awarded to Shorewood •Legislation Requirements •Comprehensive study and financial plan for a TMO •Identify resources to meet corridor needs •Prioritize challenges regarding safety, workforce, health, schools, etc. •MnDOT •No clear definition of TMO •Organize as a non-profit or JPA •Use grant for Consultant – Feasibility of TMO •Southeast MN TMO is Model (Chatfield) 54 Legisla tive Funding for TMO •Key dates – Urgency! •Encumber funds by June 30, 2025 •Spend funds by June 30, 2026 55 Propos ed Next Steps •September/October •City Councils pass resolution – Explore Hwy 7 TMO •October/November •Discuss desired outcomes / deliverables for a consultant •Facilitation for processes of TMO •Articulate Mission / Role / •Organizational & Governance (Lobbying, Staffing, Public •Long term funding and •Prepare incorporation 56 Propos ed Next Steps •November / December •Develop RFP/RFQ with Scope of Work •Need independent cost estimates •MnDOT to review/approve •Shorewood – Grant Agreement via MnDOT •January 2025 •Issue RFP •February/March 2025 •Select Consultant •Start Q2 57 Discuss ion Topics •Is there consensus to officially form as a coalition and to proceed with establishing a 501(c)(3)? •Is there consensus to move forward with proposed next steps? •What additional information is needed for your Council? •How do we ensure all perspectives and needs are included in the process? Who else should be included? •What considerations require further discussion? •How best to communicate? Is a communications plan needed for internal and external messaging? 58 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: October 28, 2024 RESOLUTION NO: 2024-XX MOTION BY: SECONDED BY: A RESOLUTION AUTHORIZING THE CITY OF CHANHASSEN TO PARTICIPATE IN A PROCESS EXPLORING THE FORMATION OF A TRANSPORTATION MANAGEMENT ORGANIZATION ALONG TRUNK HIGHWAY 7 WHEREAS, the communities along Trunk Highway 7 (hereinafter “Hwy 7”) have identified traffic related challenges and concerns affecting the safety and mobility of vehicles, pedestrians, and bicycles along the corridor as the use of Hwy 7 for transportation and commerce increases; and WHEREAS, the design and conditions along the corridor, as well as congestion and serious or and even fatal accidents have resulted in communities advocating for improvements throughout the corridor; and WHEREAS, MNDoT completed a safety audit of Hwy 7 in August 2022 which identified safety issues and recommended short and long-term improvements; and WHEREAS,in 2023 the Legislature funded a study of Hwy 7 from Hopkins Crossroads to the Western Hennepin County line to understand the transportation needs along Hwy 7, identify opportunities for improvements and establish a shared vision for the corridor. The study is currently underway and being led by MnDOT; WHEREAS, the communities and school districts along the corridor have discussed collaborating to advocate for improvements and investment in Hwy 7; and WHEREAS,in 2024 the Legislature awarded the City of Shorewood a $200,000 grant for a study to develop a transit management organization (TMO) from I-494 to the Western Hennepin County line, with funds to be used to compile a comprehensive study and financial plan assessing how the TMO can develop resources to meet the corridor’s growing and changing transportation needs and prioritize transportation related challenges that affect vehicle, pedestrian and bicycle safety as well as the regions workforce access to health care and schools and quality of life; and WHEREAS,it is understood the formation of a TMO may require participants to dedicate resources, such staff time and funding, to support and operate the TMO, and that participation in the study does not obligate a participant to become part of the TMO; and WHEREAS, the communities and school districts along the corridor wish to explore the formation of a TMO utilizing the funding awarded to Shorewood by the 2024 Legislature to hire a consultant to, among other tasks, facilitate a process for communities that includes assessing the role of a TMO, comparing different organizational and governance models, and identifying funding mechanism to support a TMO. THEREFORE BE IT RESOLVED that the City supports the exploration of forming a TMO for Hwy 7 and that representatives of the City may participate in meetings and discussions to prepare for and participate in a study to form a Hwy 7 transit management organization. 59 2 PASSED AND ADOPTED by the Chanhassen City Council this 28th day of October 2024. ATTEST: Jenny Potter, City Clerk Elise Ryan, Mayor YES NO ABSENT 60 City Council Item October 28, 2024 Item Select Wood Cladding color for City Hall/Senior Center building File No.Item No: A.4 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Laurie Hokkanen, City Manager Reviewed By SUGGESTED ACTION Select Wood Cladding color for City Hall/Senior Center building Motion Type N/A Strategic Priority Development & Redevelopment SUMMARY BKV Group has provided samples of two colors for the wood cladding on the City Hall/Senior Center building. Staff will bring the renderings and color samples for the City Council to select from. BACKGROUND Project website: https://new.express.adobe.com/webpage/Rjsg9VNukE57v? DISCUSSION BUDGET RECOMMENDATION 61 ATTACHMENTS 62 City Council Item October 28, 2024 Item Set Canvassing Meeting File No.Item No: A.5 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Laurie Hokkanen, City Manager Reviewed By SUGGESTED ACTION Set Canvassing Meeting Motion Type N/A Strategic Priority N/A SUMMARY The City Council must meet as the Canvassing Board to to certify results in the Election. This meeting was previously set for November 12 at 5:30 p.m., however the city must meet after the Carver County canvassing board. Carver County will meet at 9 a.m. on November 13. The deadline to canvass results is November 13. Staff is suggesting that the City Council meet at noon or 5:30 p.m. The City Council should discuss and set the new date and time. BACKGROUND https://www.sos.state.mn.us/elections-voting/how-elections-work/canvassing-boards/ DISCUSSION BUDGET 63 RECOMMENDATION ATTACHMENTS 64 City Council Item October 28, 2024 Item Future Work Session Schedule File No.Item No: A.6 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Laurie Hokkanen, City Manager 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: November 18, 2024 Civic Campus tour at 5 p.m. (optional) CIP and Capital Project Funds Utility Funds and Utility Rate Study Pending items: Police and Fire Staffing Levels Mental Health presentation from CCSO Assessment Policy Revisions Sign Code updates Carver County Housing study presentation (likely January) 65 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 66 City Council Item October 28, 2024 Item Approve Economic Development Authority Meeting Minutes dated August 26, 2024 File No.Item No: B.1 Agenda Section 7:00 P.M.- ECONOMIC DEVELOPMENT AUTHORITY Prepared By Amy Weidman, Senior Admin Support Specialist Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen Economic Development Authority approves the meeting minutes dated August 26, 2024." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION The Chanhassen Economic Development Authority approves the meeting minutes dated August 26, 67 2024 ATTACHMENTS EDA Minutes dated August 26, 2024 68 CHANHASSEN CITY COUNCIL ECONOMIC DEVELOPMENT AUTHORITY MEETING MINUTES AUGUST 26, 2024 Mayor Ryan called the meeting to order at 7:00 p.m. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilmember von Oven, Councilmember McDonald, Councilmember Kimber. COUNCIL MEMBERS ABSENT: Councilmember Schubert. STAFF PRESENT: Laurie Hokkanen, City Manager. PUBLIC PRESENT: None. 1. Approve Economic Development Authority Meeting Minutes dated July 22, 2024 Councilmember McDonald moved, Councilmember von Oven seconded to approve the Economic Development Authority Meeting Minutes dated July 22, 2024. All voted in favor and the motion carried unanimously with a vote of 4 to 0. 2. Grant Termination of Agreement between the EDA and Chanhassen Properties, LLC. Eric Maass, Community Development Director, reviewed the background of the agreement between the EDA and Chanhassen Properties, LLC. Councilmember Kimber moved, Councilmember von Oven seconded that the Chanhassen Economic Development Authority approves the termination of agreement between the EDA and Chanhassen Properties, LLC. All voted in favor and the motion carried unanimously with a vote of 4 to 0. ADJOURNMENT Councilmember McDonald moved, Councilmember Kimber seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The Economic Development Authority meeting was adjourned at 7:02 p.m. Submitted by Laurie Hokkanen City Manager 69 City Council Item October 28, 2024 Item Resolution Approving Certain Agreements Regarding Refinancing of the Lake at Chanhassen TIF Project File No.Item No: B.2 Agenda Section 7:00 P.M.- ECONOMIC DEVELOPMENT AUTHORITY Prepared By Laurie Hokkanen, City Manager Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen EDA adopts a Resolution Approving Certain Agreements Regarding Refinancing of the Lake at Chanhassen TIF Project." Motion Type Simple Majority Vote of members present Strategic Priority Development & Redevelopment SUMMARY The owner of Lake Place has requested approval of these documents as part of their refinancing with Freddie Mac. The documents have been reviewed by the city's TIF attorney, Ron Batty of Kennedy & Graven. Mr. Batty noted: Several of the documents have blacklining and cross outs. That is how Freddie Mac shows deviations from its standard documents. Also, the documents are dated November 15 and will be redated as of the date of closing, which is not yet established. BACKGROUND DISCUSSION 70 BUDGET RECOMMENDATION ATTACHMENTS Resolution 984869 984870 984871 984873 71 DOCSOPEN\CH135\62\984068.v1-10/22/24 CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. ______ RESOLUTION APPROVING CERTAIN AGREEMENTS REGARDING REFINANCING OF THE LAKES AT CHANHASSEN TIF PROJECT BE IT RESOLVED by the Chanhassen Economic Development Authority as follows: WHEREAS, the Chanhassen Economic Development Authority (the “EDA”) entered into a Contract for Private Development (the “CPD”) with Lakes at Chanhassen, LLC (the “Developer”) dated April 6, 2021; and WHEREAS, pursuant to the CPD, the Developer agreed to construct a mixed income, senior multi-family residential project containing 110 units in return for financial assistance from the EDA in the form of a pay-as-you-go Tax Increment Revenue Note in the principal amount of $3,065,000 (the “Note”); and WHEREAS, following construction of the project and the Developer’s satisfaction of all conditions precedent specified in the CPD, the EDA issued the Note on March 15, 2023; and WHEREAS, in connection with the initial financing of the project, the Developer collaterally assigned the CPD and the Note to its lender, Bridgewater Bank; and WHEREAS, the Developer now proposes to refinance the project and, in connection therewith and in compliance with the terms and conditions of the CPD, has submitted certain documents to the EDA for approval, including the following: 1.Collateral Assignment of the TIF Documents; 2.Consent to Assignment and Certification as to Status of TIF Development Agreement; 3.Subordination Agreement – Regulatory Agreement Only; and 4.Estoppel Certificate – Tax Increment Financing (collectively, the “Refinancing Assignment Agreements”); and WHEREAS, the Refinancing Assignment Agreements have been reviewed by the EDA’s legal counsel and found to be in proper form and consistent with the CPD; and WHEREAS, the prior collateral assignment to Bridgewater Bank will be terminated at the time of execution of the Refinancing Assignment Agreements. NOW, THEREFORE, be it resolve by the Chanhassen Economic Development Authority as follows: 72 DOCSOPEN\CH135\62\984068.v1-10/22/24 1.The Refinancing Assignment Agreements are hereby approved and the EDA President and Executive Director are authorized and directed to sign or consent to such documents. 2.The Executive Director and EDA staff and consultants are also authorized to take any and all additional actions which may be reasonably required to carry out the intent of this Resolution. Dated: October 28, 2024. CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY By: ___________________________By:___________________________ Elise Ryan, President Laurie Hokanen, Executive Director 73 Freddie Mac Loan Number: 509828396 Property Name: Lake Place Senior Apartments COLLATERAL ASSIGNMENT OF TIF DOCUMENTS (Revised 10-02-2024) THIS COLLATERAL ASSIGNMENT OF TIF DOCUMENTS (“Assignment”) is made effective as of the 15th day of November, 2024 by and between LAKES AT CHANHASSEN LLC, a Minnesota limited liability company (“Assignor”) and BELLWETHER ENTERPRISE REAL ESTATE CAPITAL, LLC, an Ohio limited liability company (“Lender”). RECITALS A.Assignor (in such capacity, “Borrower”) has requested that Lender make a loan to Borrower in the amount of [***$20,693,000.00***](“Loan”). The Loan will be evidenced by a Multifamily Note from Borrower to Lender effective as of the date of this Assignment (“Note”). The Note is secured by, among other things, a Multifamily Loan and Security Agreement (“Loan Agreement”) and a Multifamily Mortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement (“Security Instrument”), dated as of the date of this Assignment, which grants Lender a lien on the multifamily property encumbered by the Security Instrument known as Lake Place Senior Apartments located in Chanhassen, Minnesota (“Mortgaged Property”). The Note, the Loan Agreement, the Security Instrument, this Assignment and any of the other documents evidencing the Loan are collectively referred to as the “Loan Documents”. Other capitalized terms used but not defined in this Assignment will have the meanings given to those terms in the Loan Agreement. B.Pursuant to that certain Contract for Private Development by and between the Chanhassen Economic Development Authority (the “TIF Authority”) and Borrower dated April 6, 2021 (the “TIF Development Agreement”), and that certain Taxable Tax Increment Revenue Note – Series 2023A dated March 15, 2023 from the TIF Authority to Borrower (the “TIF Note”), the Mortgaged Property benefits from certain economic incentives granted by the TIF Authority in connection with payments by the TIF Authority under the TIF Note from available tax increment attributable to the Mortgaged Property and improvements thereto. True and correct copies of the TIF Development Agreement, the TIF Note, and all amendments thereto, are attached to this Assignment as Exhibit A and are referred to collectively as the “TIF Documents”). C. Reserved. D.Reserved. E.Lender requires as a condition to the making of the Loan that Assignor assign its rights under the TIF Documents to Lender as additional collateral security for the Loan. 74 Collateral Assignment of TIF Documents Page 2 For good and valuable consideration the parties agree as follows: 1.Assignment of TIF Documents. As additional collateral security for the Loan, Assignor sets over and assigns to Lender, and grants Lender a security interest pursuant to the Uniform Commercial Code of the Property Jurisdiction or any other applicable law in, all of Assignor’s right, title, and interest in and to the TIF Documents (as they may be extended, renewed or replaced), which transfer and assignment will automatically become a present, unconditional assignment, at Lender’s option, in the event of a default by Borrower under the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents which is not cured within any applicable notice or cure period (each, an “Event of Default”). If an Event of Default has occurred, Lender may direct the TIF Authority to remit future payments due under the TIF Documents to Lender. Borrower expressly consents to all such remittances. Lender will be permitted to apply to the Indebtedness any such payments that it receives. 2.Assignor’s Representations, Warranties and Covenants. (a)Assignor represents and warrants with respect to the TIF Documents that each of the following is true: (i)The TIF Documents (including all amendments thereto) were duly executed to the best of Assignor’s knowledge, and are validly existing and enforceable in accordance with their terms (except to the extent that enforcement may be limited by the effect of bankruptcy, receivership, insolvency, reorganization, moratorium and other similar laws affecting the rights and remedies of creditors generally), and remain in full force and effect. (ii)Assignor’s interest in the TIF Documents is not subject to any defense, claim, setoff, lien, or encumbrance. (iii)No event has occurred that constitutes, or with the passage of time or the giving of notice, or both, would constitute, an event of default under the TIF Documents. (iv)Neither this Assignment nor any action or inaction on the part of Lender will constitute an assumption on the part of Lender of any obligations under the TIF Documents and Assignor will continue to be liable for all obligations under the TIF Documents. (v)There has been no prior collateral assignment of the TIF Documents which has not been terminated prior to or concurrently with the execution and delivery of this Assignment. 75 Collateral Assignment of TIF Documents Page 3 (vi)A complete and accurate copy of the TIF Documents is attached to this Assignment as Exhibit A; and the TIF Documents have not been amended, modified, terminated, extended or supplemented, except as shown in Exhibit A. (b)Assignor makes the following covenants with respect to the TIF Documents: (i)Assignor will hold Lender and Lender’s stockholders, directors, officers, agents, and employees harmless from and against any loss, cost (including fees and disbursements of legal counsel), or other expenses, damages, or liability arising under or with respect to the TIF Documents or Assignor’s performance under (or breach of) the TIF Documents. (ii)Lender will have the right at any time (but will have no obligation) to take, in its name or in the name of Assignor or otherwise, such action as Lender may at any time or times determine to be necessary to cure any default by Assignor under the TIF Documents. (iii)Assignor will punctually perform all of its obligations under the TIF Documents. (iv)Assignor shall not amend the TIF Documents without first obtaining the prior written consent of Lender. (v)Assignor will not terminate the TIF Documents without Lender’s prior written consent. 3.[Reserved] 4.Lender’s Right Upon Event of Default. (a)Without limiting Lender’s rights described elsewhere, if an Event of Default exists under any Loan Document, to the extent permitted by applicable law, and subject to the terms of the TIF Documents, Lender will have the right to exercise all the rights, and receive all the benefits, under the TIF Documents held by Assignor. Lender does not assume any obligations or duties of the Assignor under the TIF Documents. Even if Lender exercises its rights under this Assignment, neither this Assignment nor any action or inaction on the part of Lender will constitute an assumption on the part of Lender of any obligations under the TIF Documents; Assignor will continue to be liable for all of its obligations under the TIF Documents. (b)[Reserved]. 76 Collateral Assignment of TIF Documents Page 4 5.[Reserved] 6.Security Agreement.This Assignment is also a security agreement under the Uniform Commercial Code for the TIF Documents which, under applicable law, may be subjected to a security interest under the Uniform Commercial Code. Assignor hereby authorizes Lender to prepare and file financing statements, continuation statements and financing statement amendments in such form as Lender may require to perfect or continue the perfection of this security interest. 7.Attorney-in-Fact. Assignor irrevocably constitutes and appoints Lender as Assignor’s attorney-in-fact to demand, receive and enforce Assignor’s rights with respect to the TIF Documents and to do any and all acts in Assignor’s name or in the name of Lender with the same force and effect as Assignor could do if this Assignment had not been made. This appointment will be deemed to be coupled with an interest and irrevocable. 8.Termination. Following payment of the Loan in full and the release or assignment of the Security Instrument, this Assignment and all of Lender’s right, title and interest under this Assignment will terminate. 9.Notice. (a)All notices under or concerning this Assignment (“Notice”) will be in writing. Each Notice will be deemed given on the earliest to occur of: (i) the date when the Notice is received by the addressee, (ii) the first Business Day after the Notice is delivered to a recognized overnight courier service, with arrangements made for payment of charges for next Business Day delivery, or (iii) the third Business Day after the Notice is deposited in the United States mail with postage prepaid, certified mail, return receipt requested. Addresses for Notice are as follows: If to Lender:BELLWETHER ENTERPRISE REAL ESTATE CAPITAL, LLC, an Ohio limited liability company 1375 E. 9th Street, Suite 2400 Cleveland, Ohio 44114 Attention:Theresa Callahan Senior Vice President If to Assignor:LAKES AT CHANHASSEN LLC, a Minnesota limited liability company 1010 W St. Germain Street, Suite 750 St. Cloud, Minnesota 56301 Attention: (b)Any party to this Assignment may change the address to which Notices intended for it are to be directed by means of Notice given to the other party in accordance with this Section 9. Each party agrees that it will not refuse or reject delivery of any Notice given in accordance with this Section 9, that it will acknowledge, in writing, the receipt of any Notice upon request by the other party and that any Notice 77 Collateral Assignment of TIF Documents Page 5 rejected or refused by it will be deemed for purposes of this Section 9 to have been received by the rejecting party on the date so refused or rejected, as conclusively established by the records of the U.S. Postal Service or the courier service. 10.Governing Law; Consent to Jurisdiction and Venue. (a)This Assignment will be construed in accordance with and governed by the laws of the Property Jurisdiction. (b)Assignor agrees that any controversy arising under or in relation to this Assignment may be litigated in the Property Jurisdiction. The state and federal courts and authorities with jurisdiction in the Property Jurisdiction will have jurisdiction over all controversies that may arise under or in relation to this Assignment. Assignor irrevocably consents to service, jurisdiction and venue of such courts for any such litigation and waive any other venue to which it might be entitled by virtue of domicile, habitual residence or otherwise. However, nothing in this Section 10 is intended to limit Lender’s right to bring any suit, action or proceeding relating to matters under this Assignment in any court of any other jurisdiction. 11.Captions, Cross References and Exhibits. The captions assigned to provisions of this Assignment are for convenience only and will be disregarded in construing this Assignment. Any reference in this Assignment to an “Exhibit” or a “Section”, unless otherwise explicitly provided, will be construed as referring, respectively, to an Exhibit attached to this Assignment or to a section of this Assignment. All Exhibits attached to or referred to in this Assignment are incorporated by reference into this Assignment. 12.Number and Gender. Use of the singular in this Assignment includes the plural, use of the plural includes the singular, and use of one gender includes all other genders, as the context may require. 13.No Partnership. This Assignment is not intended to, and will not, create a partnership or joint venture among the parties, and no party to this Assignment will have the power or authority to bind any other party except as explicitly provided in this Assignment. 14.Severability. The invalidity or unenforceability of any provision of this Assignment will not affect the validity of any other provision, and all other provisions will remain in full force and effect. 15.Entire Assignment. This Assignment contains the entire agreement among the parties as to the rights granted and the obligations assumed in this Assignment. 78 Collateral Assignment of TIF Documents Page 6 16.Waiver; No Remedy Exclusive. Any forbearance by a party to this Assignment in exercising any right or remedy given under this Assignment or existing at law or in equity will not constitute a waiver of or preclude the exercise of that or any other right or remedy. Unless otherwise explicitly provided, no remedy under this Assignment is intended to be exclusive of any other available remedy, but each remedy will be cumulative and will be in addition to other remedies given under this Assignment or existing at law or in equity. 17.Third Party Beneficiaries. Neither any creditor of any party to this Assignment, nor any other person, is intended to be a third party beneficiary of this Assignment. 18.Further Assurances and Corrective Instruments. To the extent permitted by law, the parties will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements to this Assignment and such further instruments as may reasonably be required for carrying out the intention of or facilitating the performance of this Assignment. 19.Counterparts. This Assignment may be executed in multiple counterparts, each of which will constitute an original document and all of which together will constitute one agreement. 20.Indemnity.By executing this Assignment, Assignor agrees to indemnify and hold harmless Lender and its successors and assigns from and against any and all losses, claims, damages, liabilities and expenses including Attorneys’ Fees and Costs, which may be imposed or incurred in connection with this Assignment. 21.Costs and Expenses.Wherever pursuant to this Assignment it is provided that Assignor will pay any costs and expenses, such costs and expenses will include Lender’s Attorneys’ Fees and Costs. 22.Determinations by Lender.In any instance where the consent or approval of Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Lender under this Assignment, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision will be made or exercised by Lender (or its designated representative) at its sole and exclusive option and in its sole and absolute discretion and will be final and conclusive, except as may be otherwise expressly and specifically provided in this Assignment. 23.Successors and Assigns.This Assignment will be binding upon and inure to the benefit of Assignor and Lender and their respective successors and assigns forever. 24.Secondary Market.Lender may sell, transfer and deliver the Note and assign the Loan Agreement, the Security Instrument, this Assignment and the other Loan Documents to one or more investors in the secondary mortgage market (“Investors”). In connection with such sale, Lender may retain or assign responsibility for servicing the Loan, including the Note, the Loan Agreement, the Security Instrument, this Assignment and the other Loan Documents, or may delegate some or all of such responsibility and/or obligations to a 79 Collateral Assignment of TIF Documents Page 7 servicer including any subservicer or master servicer, on behalf of the Investors. All references to Lender in this Assignment will refer to and include any such servicer to the extent applicable. 25.Attached Exhibits. The following Exhibits, if marked with an “X” in the space provided, are attached to this Assignment: |X|Exhibit A Copy of TIF Documents [Remainder of Page Intentionally Left Blank] 80 Collateral Assignment of TIF Documents Page S-1 IN WITNESS WHEREOF, the undersigned have executed this Assignment as of the day and year first written above. BORROWER: LAKES AT CHANHASSEN LLC, a Minnesota limited liability company By:TPS HOLDING LLC, a Minnesota limited liability company, its Manager By: Name:Todd M. Simning Title:President By: SILVER CREEK EQUITY LLC, a Delaware limited liability company, its Manager By: Name:Craig Hanson Title:Manager [SIGNATURES CONTINUE ON FOLLOWING PAGE] 81 Collateral Assignment of TIF Documents Page S-2 [SIGNATURES CONTINUED FROM PREVIOUS PAGE] LENDER: BELLWETHER ENTERPRISE REAL ESTATE CAPITAL, LLC, an Ohio limited liability company By: Name:Therese Callahan Title:Senior Vice President 82 Collateral Assignment of TIF Documents Page A-1 EXHIBIT A COPY OF TIF DOCUMENTS 4860-3933-4640, v. 3 83 Subordination Agreement – Regulatory Agreement Only DOCSOPEN\CH135\62\984870.v1-10/24/24 Freddie Mac Loan Number: 509828396 Property Name: Lake Place Senior Apartments SUBORDINATION AGREEMENT - REGULATORY AGREEMENT ONLY GOVERNMENTAL ENTITY (NO SUBORDINATE DEBT) (Revised 7-30-2024) THIS SUBORDINATION AGREEMENT FOR REGULATORY AGREEMENT (“Agreement”) is effective as of the 15th day of November, 2024 by CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota (“Governmental Entity”), and LAKES AT CHANHASSEN LLC, a Minnesota limited liability company (“Borrower”), for the benefit of BELLWETHER ENTERPRISE REAL ESTATE CAPITAL, LLC, an Ohio limited liability company (“Lender”). RECITALS A.Simultaneously herewith Borrower is refinancing a loan secured by certain improved real property located in the County of Carver, State of Minnesota, as more particularly described on Exhibit A attached hereto (“Property”). B.Borrower and Governmental Entity entered into that certain Contract for Private Development (“Regulatory Agreement”) recorded on title to the Property on February 13, 2023 in the Office of the County Recorder, Carver County, Minnesota, as Document Number A757323 (“Official Records”), pursuant to which the Property was subjected to certain restrictions by Governmental Entity in connection with the development or rehabilitation of the Property, as affected by that certain Certificate of Completion, recorded on title to the Property on March 28, 2023, 2023 in the Office of the County Recorder, Carver County, Minnesota, as Document Number A758573. C. In connection with the refinancing of the loan secured by]the Property by Borrower, Lender is making a loan to Borrower in the original principal amount of [***$20,693,000.00***] (“Loan”) pursuant to a Multifamily Loan and Security Agreement between Lender and Borrower (as supplemented or amended from time to time, the “Loan Agreement”) and evidenced by a Multifamily Note by Borrower to Lender (as supplemented or amended from time to time, the “Note”). The Loan is to be secured by a Multifamily Mortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement that will be recorded among the Official Records (as supplemented or amended from time to time, the “Mortgage”) (the Loan Agreement, the Note and the Mortgage, together with all other documents executed with respect to the Loan, are hereinafter collectively referred to as the “Loan Documents”). 84 Subordination Agreement – Regulatory Agreement Only Page 2 DOCSOPEN\CH135\62\984870.v1-10/24/24 D.As a condition to making the Loan, Lender requires that the Loan Documents be a lien on the Property superior to the lien of the Regulatory Agreement and that the rights of Lender under the Loan Documents be superior to the rights of Governmental Entity and Borrower under the Regulatory Agreement. Lender will not make the Loan unless Governmental Entity and Borrower agree to subordinate their rights and obligations under the Regulatory Agreement. E.Borrower and Governmental Entity hereby agree to subordinate the Regulatory Agreement on and subject to the terms, conditions and requirements set forth in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1.Recitals.The foregoing Recitals are hereby incorporated into this Agreement as agreements among the parties. 2.Subordination.The Governmental Entity hereby covenants and agrees that the Regulatory Agreement is and will at all times continue to be, subordinate, subject and inferior to the rights of Lender under the Loan Documents and that the liens, rights (including approval and consent rights), remedies, payment interests, priority interests, and security interests granted to Governmental Entity pursuant to or in connection with the Regulatory Agreement are hereby expressly acknowledged to be in all respects and at all times, subject, subordinate and inferior in all respects to the liens, rights (including approval and consent rights), remedies, payment, priority and security interests granted to Lender pursuant to the Loan Documents and the terms, covenants, conditions, operations and effects thereof. Notwithstanding the above, Governmental Entity may exercise the remedies of specific performance or injunctive relief. 3.Financing, Encumbrance and Transfer Approval.Governmental Entity hereby approves the financing evidenced by the Mortgage. Governmental Entity further agrees that any transfer of the Property in connection with foreclosure or deed in lieu thereof will not require Governmental Entity’s consent. 4.Reserved. 5.Lender Notice of Default.In consideration of Governmental Entity’s agreements contained in this Agreement, Lender agrees that in the event of any default by Borrower under the Loan Documents, Governmental Entity will be entitled to receive a copy of any notice of default given by Lender to Borrower under the Loan Documents. Neither the giving nor the failure to give a notice to Governmental Entity pursuant to this Section 5 will affect the validity of any notice given by Lender to the Borrower. 85 Subordination Agreement – Regulatory Agreement Only Page 3 DOCSOPEN\CH135\62\984870.v1-10/24/24 6.Governmental Entity Notice of Default.Governmental Entity must give Lender a concurrent copy of each material notice (including without limitation each notice of default) given by Governmental Entity under or with respect to the Regulatory Agreement, and agrees that Lender, at Lender’s sole election, will have the right (but not the obligation) to cure any default by Borrower under the Regulatory Agreement on its and/or Borrower’s behalf. Governmental Entity hereby represents and warrants that, to the best of its knowledge, there is no current default under the Regulatory Agreement. 7.Governmental Entity’s Rights.Except as set forth in Sections 2 and 8 of this Agreement, nothing in this Agreement is intended to abridge or adversely affect any right or obligation of Borrower and/or Governmental Entity, respectively, under the Regulatory Agreement; provided that, (A) the Regulatory Agreement may not be modified, amended, changed or altered without the prior written consent of Lender so long as the Loan is secured by the Property and (B) for so long as the Loan is secured by the Property, notwithstanding the terms of the Regulatory Agreement to the contrary, neither Borrower nor Governmental Entity will, without Lender’s prior written consent, exercise or seek any right or remedy under the Regulatory Agreement or available at law or in equity which will or could result in (i) a transfer of possession of the Property or the control, operations or management thereof, (ii) collection or possession of rents or revenues from or with respect to the Property by any party other than Borrower or Lender; (iii) appointment of a receiver for the Property; (iv) application of insurance or condemnation proceeds other than as approved by Lender pursuant to the Loan Documents; (v) removal or replacement of the existing property manager of the Property; or (vi) a material adverse effect on Lender’s security for the Loan. 8.Foreclosure by Lender.In the event of foreclosure, deed in lieu of foreclosure, or similar disposition of the Property by Lender, (a) no consent will be required from Governmental Entity, and (b) the Regulatory Agreement will terminate, at the option of Lender and (c) Lender will have no indemnification obligations to Governmental Entity for any period during which Lender does not own or is not in possession of the Property. 9.Refinancing.Governmental Entity agrees that its agreement to subordinate hereunder will extend to any new mortgage debt which is for the purpose of refinancing all or any part of the indebtedness evidenced by the Loan Documents (including reasonable and necessary costs associated with the closing and/or the refinancing, and any reasonable increase in proceeds for rehabilitation in the context of a preservation transaction). All terms and covenants of this Agreement will inure to the benefit of any holder of any such refinanced debt, and all references to the Loan Documents and Lender will mean, respectively, the refinance loan documents and the holder of such refinanced debt. 10.Miscellaneous Provisions. (a)This Agreement represents the entire understanding and agreement between the parties with regard to the matters addressed herein, and will supersede and cancel any prior agreements with regard to such matters. 86 Subordination Agreement – Regulatory Agreement Only Page 4 DOCSOPEN\CH135\62\984870.v1-10/24/24 (b)If there is any conflict or inconsistency between the terms of the Regulatory Agreement and the terms of this Agreement, then the terms of this Agreement will control. (c)This Agreement will be binding upon and will inure to the benefit of the respective legal successors and permitted assigns of the parties to this Agreement. Without prior notice to or the consent of the Governmental Entity or the Borrower, the Lender may freely transfer or assign the Loan and the Loan Documents, including this Agreement, in whole or in part, and the Governmental Entity acknowledges and agrees that any future legal holder of the Note will automatically be a legal successor and permitted assignee of Lender hereunder, without the necessity of any further action or instrument. No other party will be entitled to any benefits under this Agreement, whether as a third-party beneficiary or otherwise. (d)If any one or more of the provisions contained in this Agreement, or any application of any such provisions, is invalid, illegal, or unenforceable in any respect, the validity, legality, enforceability, and application of the remaining provisions contained in this Agreement will not in any way be affected or impaired. (e)Each notice, request, demand, consent, approval or other communication (collectively, “Notices,” and singly, a “Notice”) which is required or permitted to be given pursuant to this Agreement will be in writing and will be deemed to have been duly and sufficiently given if (i) personally delivered with proof of delivery (any Notice so delivered will be deemed to have been received at the time so delivered), or (ii) sent by a national overnight courier service (such as FedEx) designating earliest available delivery (any Notice so delivered will be deemed to have been received on the next Business Day following receipt by the courier), or (iii) sent by United States registered or certified mail, return receipt requested, postage prepaid, at a post office regularly maintained by the United States Postal Service (any Notice so sent will be deemed to have been received on the date of delivery as confirmed by the return receipt), addressed to the respective parties as follows: If to Governmental Entity: CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota 7700 Market Blvd. Chanhassen, Minnesota 55317 Attention: Executive Director Facsimile: Telephone: If to Lender: BELLWETHER ENTERPRISE REAL ESTATE 87 Subordination Agreement – Regulatory Agreement Only Page 5 DOCSOPEN\CH135\62\984870.v1-10/24/24 CAPITAL, LLC, an Ohio limited liability company 1375 E. 9th Street, Suite 2400 Cleveland, Ohio 44114 Attention:Theresa Callahan Senior Vice President Facsimile: Telephone: If to Borrower: LAKES AT CHANHASSEN LLC, a Minnesota limited liability company 1010 W St. Germain Street, Suite 750 St. Cloud, Minnesota 56301 Attention: Facsimile: Telephone: Any party, by Notice given pursuant to this Section, may change the person or persons and/or address or addresses, or designate an additional person or persons or an additional address or addresses, for its Notices, but Notice of a change of address will only be effective upon receipt. Neither party will refuse or reject delivery of any Notice given in accordance with this Section. (f)Each of the parties will, whenever and as often as they are requested to do so by the other, execute, acknowledge and deliver, or cause to be executed, acknowledged or delivered, any and all such further instruments and documents as may be reasonably necessary to carry out the intent and purpose of this Agreement, and to do any and all further acts reasonably necessary to carry out the intent and purpose of this Agreement. (g)This Agreement will be governed by the laws of the State in which the Property is located. (h)Each person executing this Agreement on behalf of a party hereto represents and warrants that such person is duly and validly authorized to do so on behalf of such party with full right and authority to execute this Agreement and to bind such party with respect to all of its obligations under this Agreement. (n)No failure or delay on the part of any party to this Agreement in exercising any right, power, or remedy under this Agreement will operate as a waiver of such right, power, or remedy, nor will any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy or the exercise of any other right, power or remedy under this Agreement. (j)Each party to this Agreement acknowledges that if any party fails to comply with 88 Subordination Agreement – Regulatory Agreement Only Page 6 DOCSOPEN\CH135\62\984870.v1-10/24/24 its obligations under this Agreement, the other parties will have all rights available at law and in equity, including the right to obtain specific performance of the obligations of such defaulting party and injunctive relief. (k)This Agreement may be assigned at any time by Lender to any subsequent holder of the Note. (l)This Agreement may be amended, changed, modified, altered or terminated only by a written instrument signed by the parties to this Agreement or their successors or assigns. (m)This Agreement may be executed in two or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. (n)Nothing in this Agreement is intended, nor will it be construed, to in any way limit the exercise by Governmental Entity of its governmental powers (including police, regulatory and taxing powers) with respect to Borrower or the Property to the same extent as if it were not a party to this Agreement or the transactions contemplated by this Agreement. NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN THE REGULATORY AGREEMENT BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF THE MORTGAGE. [SIGNATURE AND ACKNOWLEDGMENT PAGES FOLLOW] 89 Subordination Agreement – Regulatory Agreement Only Page S-1 DOCSOPEN\CH135\62\984870.v1-10/24/24 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year above written. GOVERNMENTAL ENTITY CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota By: Name: Title: STATE OF ) ): ss.: COUNTY OF ) This instrument was acknowledged before me on _____________ _________, 2024 by _____________________, ___________________________ of CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota. Notary Public Printed Name: My Commission Expires: 90 Subordination Agreement – Regulatory Agreement Only Page S-2 DOCSOPEN\CH135\62\984870.v1-10/24/24 BORROWER: LAKES AT CHANHASSEN LLC, a Minnesota limited liability company By:TPS HOLDING LLC, a Minnesota limited liability company, its Manager By: Name:Todd M. Simning Title:President By: SILVER CREEK EQUITY LLC, a Delaware limited liability company, its Manager By: Name:Craig Hanson Title:Manager 91 Subordination Agreement – Regulatory Agreement Only Page S-3 DOCSOPEN\CH135\62\984870.v1-10/24/24 STATE OF ) ): ss.: COUNTY OF ) This instrument was acknowledged before me on _____________ _________, 2024 by TODD M. SIMNING, PRESIDENT of TPS HOLDING LLC, a Minnesota limited liability company, MANAGER of LAKES AT CHANHASSEN LLC, a Minnesota limited liability company. Notary Public Printed Name: My Commission Expires: STATE OF ) ): ss.: COUNTY OF ) This instrument was acknowledged before me on _____________ _________, 2024 by ________________________, _____________________ of SILVER CREEK EQUITY LLC, a Delaware limited liability company, MANAGER of LAKES AT CHANHASSEN LLC, a Minnesota limited liability company. Notary Public Printed Name: My Commission Expires: 92 Subordination Agreement – Regulatory Agreement Only Page S-4 DOCSOPEN\CH135\62\984870.v1-10/24/24 LENDER: BELLWETHER ENTERPRISE REAL ESTATE CAPITAL, LLC, an Ohio limited liability company By: Name:Therese Callahan Title:Senior Vice President STATE OF OHIO ) ): ss.: COUNTY OF CUYAHOGA ) This instrument was acknowledged before me on _____________ _________, 2024 by THERESE CALLAHAN, SENIOR VICE PRESIDENT of BELLWETHER ENTERPRISE REAL ESTATE CAPITAL, LLC, an Ohio limited liability company. Notary Public Printed Name: My Commission Expires: 93 Subordination Agreement – Regulatory Agreement Only Page A-1 DOCSOPEN\CH135\62\984870.v1-10/24/24 EXHIBIT A LEGAL DESCRIPTION Lot 2, Block 1, Powers Ridge Apartment Homes 2nd Addition, Carver County, Minnesota. 4867-3688-2160, v. 4 94 DOCSOPEN\CH135\62\984871.v1-10/24/24 ESTOPPEL CERTIFICATE – TAX INCREMENT FINANCING To:BELLWETHER ENTERPRISE REAL ESTATE CAPITAL, LLC, an Ohio limited liability company (“Lender”) and FEDERAL HOME LOAN MORTGAGE CORPORATION Re:TIF Documents (as defined in the Loan Agreement (as hereinafter defined)) for premises known as Lake Place Senior Apartments located at 1361 Lake Drive West, Chanhassen, Minnesota 55317 (the “Premises”) Date:As of November 15, 2024 Ladies and Gentlemen: The Premises is subject to certain development agreements and instruments relating to tax increment financing (“TIF”) assistance. The undersigned hereby ratifies the TIF Documents (defined below) and certifies to the following: 1. The TIF is documented in and exclusively governed by the following instruments (collectively, the “TIF Documents”), as well as applicable state law: (1) Contract for Private Development dated April 6, 2021 between Lakes at Chanhassen, LLC, a Minnesota limited liability company (“Borrower”) and the undersigned Chanhassen Economic Development Authority (the “TIF Authority”) recorded February 13, 2023,as Document No. A757323 in the office of the County Recorder, Carver County, Minnesota (the “TIF Development Agreement”); (2) the Certificate of Completion, made by the TIF Authority, dated February 21, 2023, and recorded as Document No. A758573 in the Office of the County Recorder, Carver County, Minnesota (3) Taxable Tax Increment Revenue Note – Series 2023A, executed by the TIF Authority dated March 15, 2023, in the amount of $3,065,000 (the “TIF Note”); and (4) Declaration of Restrictive Covenants dated May 24, 2021 between Borrower and the TIF Authority, recorded June 2, 2021 as Document No. A726064 in the Office of the County Recorder, Carver County, Minnesota (the “TIF Regulatory Agreement”). 2.Borrower and the TIF Authority are in full compliance with all TIF Documents, including without limitation, the payment of any and all fees related to the TIF, and there are no outstanding obligations of the undersigned in connection with the TIF Documents, other than payments of the TIF Note on each Payment Date, as defined in the TIF Note. 3.The TIF Authority has no actual knowledge of the TIF Documents have not been being pledged as collateral for any other obligation; provided, however, the TIF Authority consented to a collateral assignment of the TIF Note to Bridgewater Bank in May, 2021, which the undersigned understands will be terminated as a condition to Lender making a new loan to Borrower. 4.The undersigned has not received a notice of any default under the TIF Documents and is 95 Estoppel Certificate – Tax Increment Financing DOCSOPEN\CH135\62\984871.v1-10/24/24 not aware of any default notices having been issued. 5.The term of the TIF commenced on __________ and will expire on __________.TIF Authority made its first payment to Borrower under the TIF Note on August 1, 2023. The last scheduled payment on the TIF Note will February 1, 2042. 6.The statements contained herein may be relied upon by Lender, its successors and/or assigns, its counsel, and by third parties who are interested in the matters covered by this Estoppel Certificate. 7.The undersigned is duly authorized and fully qualified to execute this Estoppel Certificate. 96 Estoppel Certificate – Tax Increment Financing DOCSOPEN\CH135\62\984871.v1-10/24/24 Very truly yours, CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY By: Its President By: Its Executive Director 4871-9078-4496, v. 3 97 DOCSOPEN\CH135\62\984873.v1-10/24/24 CONSENT TO ASSIGNMENT AND CERTIFICATION AS TO STATUS OF TIF DEVELOPMENT AGREEMENT The CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY (the “TIF Authority”) does hereby represent, affirm and deliver the following Consent to Assignment and Certification regarding the status of the Contract for Private Development dated April 6, 2021 between Borrower and the TIF Authority dated April 6, 2021 (the “TIF Development Agreement”). 1)TIF Development Agreement Attached hereto as Exhibit A is a complete copy of the TIF Development Agreement entered into by and between the TIF Authority and Lakes at Chanhassen, LLC, a Minnesota limited liability company (the “Owner”), and that certain note dated March 15, 2023 executed by the TIF Authority to the Owner (the “TIF Note”). The TIF Authority confirms that there have been no further amendments to or modifications of the terms of said TIF Development Agreement the TIF Note set forth in Exhibit A. 2)Satisfaction of Conditions Precedent to Payment of the Reimbursement Amount Those “conditions precedent”to payment by the TIF Authority of amounts payable under the TIF Note set forth and described on the TIF Development Agreement at Section 3.1(a) through (g)have been satisfied by Owner and accepted by the TIF Authority under the terms of the TIF Development Agreement. There remain no further conditions precedent to the TIF Authority obligation to reimburse Eligible Costs up to the not to exceed sum of $______________.make payments under the TIF Note. 3)No Events of Default As of the date of this Certification, the TIF Authority has no knowledge of and has received no notice of any event or events of Default by Owner or Owner's assignee that are outstanding or are continuing under the TIF Development Agreement or the TIF Note. The TIF Authority has not issued any notices of default with respect to the TIF Development Agreement or the TIF Note.All installment payments required to be paid by the TIF Authority under the TIF Note on or before the date of this Certfication have been paid in full. 4) Reserved 5)Acknowledgement of Documentation Received, Reviewed and approved by the TIF Authority As of the date of this Certification, the TIF Authority has received, reviewed and approved of the following documentation arising under and with respect to the TIF Development Agreement: a. Certificate of Completion filed March 28, 2023 as Document No. A758573, executed by the TIF Authority. 98 DOCSOPEN\CH135\62\984873.v1-10/24/24 b. Collateral Assignment of TIF Documents dated _________, 2024, executed by Owner (the “Collateral Assignment”). 6) Consent to Assignment The TIF Authority consents to the execution and delivery of the Collateral Assignment, and to the security interests and assignments created therein, as security for the Loan and all future loans, advances, debts, liabilities, obligations, covenants and duties owing by Owner to Lender of any kind or nature arising from the Loan. The TIF Authority has received and approved the Collateral Assignment, and the Collateral Assignment is not in conflict with the terms of the TIF Development Agreement or the TIF Note. IN WITNESS WHEREOF, this Consent to Assignment and Certification as to Status of Agreement has been executed this _______ day of _____________________, 2024. [DOCUMENT EXECUTION ON THE FOLLOWING PAGE] 99 DOCSOPEN\CH135\62\984873.v1-10/24/24 CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY By: ______________________ Its President By: ______________________ Its Executive Director Attest: _________________________________________________ 4876-4442-4688, v. 2 100 City Council Item October 28, 2024 Item Approve City Council Work Session Minutes dated October 14, 2024 File No.Item No: E.1 Agenda Section CONSENT AGENDA Prepared By Jenny Potter, City Clerk Reviewed By SUGGESTED ACTION "The Chanhassen City Council approves the City Council work session minutes dated September 23, 2024." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION Staff recommends that the Chanhassen City Council approves the City Council work session minutes dated October 14, 2024. 101 ATTACHMENTS 10-24-2024 WS 102 1 CHANHASSEN CITY COUNCIL WORK SESSION MINUTES October 14, 2024 Mayor Ryan called the work session to order at 5:30 p.m. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilmember von Oven, Councilmember Kimber, Councilmember McDonald, and Councilmember Schubert COUNCIL MEMBERS ABSENT: STAFF PRESENT: Laurie Hokkanen, City Manager, Charlie Howley, Public Works Director/City Engineer; Matt Unmacht, Assistant City Manager, Jerry Ruegemer, Parks Director; Eric Maass, Planning Director; Kelly Grinnell, Finance Director; Patrick Gavin, Communications Manager; Jenny Potter, City Clerk, Lieutenant Lance Pearce, Adam Beers, Park Maintenance Supervisor, Gary Berg, Park Maintenance Foreman, Andrea McDowell Poehler, Campbell Knutson PUBLIC PRESENT:Paul Robinson, Rachel Development, Mark Rausch, Alliant Engineering, Rick Denman, Charles Cudd Homes, Rodney Provart, Open Hands Foundation Executive Director, Dan Pfarr, 180 Degrees, Michael Moore, Open Hands Foundation Board President Hope House Condition Use Permit (CUP) Project Update Eric Maass, Planning Director, said that the Hope House project Conditional Use Permit (CUP) application had been rescinded. He had the representatives from Hope House introduce themselves: Rodney Provart, Open Hands Foundation Executive Director, Dan Pfarr, 180 Degrees, and Michal Moore, Open Hands Foundation Board President introduced themselves. Mr. Moore said the Hope House would still like to build a house that is better equipped to serve the kids that are living there. Currently, they have room for six residents, but they are two to a bedroom. The new house that they build would be able to accommodate those residents in individual bedrooms. He said that they had heard from residents and were addressing the issues raised about safety of the neighborhood, a matching aesthetic for the building to match the neighborhood, and that there was a lack of communication with the neighbors. Hope House is reducing parking near the building, moving the garbage closer to the house, working with a security service to assess safety, and they are looking to increase landscaping near the building to shield it from the road. They are also looking into moving the driveway access from West 78th street to off of the Westwood parking lot. They will be working with the city to determine if that is a possibility. Mayor Ryan asked what oversight the City Council hasin regard toHope House applying for a building permit to build a new house. Andrea McDowell Poehler, Campbell Knutson, responded that the City Council has no authority in the building permit being approved. That is purely an administrative task that is overseen by the building department and is guided by their building standards. Councilmember McDonald asked where the new driveway would be located and how many incidents like the one that happened in June, happen at Hope House. Dan Pfarr, 180 Degrees, who oversees the Hope House, said that incidents like the one that happened in June are very rare. He stated that in the last 10 years, there have been less than a handful of critical incidents in all the homes he oversees. Mr. Pfarr also stated that Hope House has to follow state guidelines and protocols to be able to be licensed. 103 City Council Work Session Minutes – October 14, 2024 2 Councilmember Kimber asked what the ages of the kids were that are housed at Hope House and how many staff members per kid was required. Mr. Pfarr stated that the kids are from age 14 to 19 that are housed there. He said that they normally have two staff members at the facility at any time, and often there are more, but at night they have one staff member. Councilmember Kimber asked at what point does the Conditional Use Permit (CUP) get triggered to be needed. Ms. Poehler responded that the CUP does not get triggered until they exceed the number of residents allowed in their zoning. Mr. Pfarrsaid that the state licenses them for six kids, and they would have to apply to the Department of Human Services to exceed that number. Councilmember Kimber reported that he contacted DHS andfound that in the past they have withdrawn licenses for facilities that have problems, but he learned that Hope House is in good standing with the DHS. Mayor Ryan said that the existing house has three bedrooms for six kids and that Hope House would like to build a home with eight bedrooms. She asked if the council was comfortable with eight bedrooms that could possibly house 16 kids. She also asked about the Memorandum of Understanding (MOU) for the demolition of the original Hope House once the new facility is built and how that would work and the timeline of the demolition. Mr. Pfarr said that they would build the new Hope House to have eight bedrooms but that since they weren’t licensed to house more than six kids, the other rooms would be used to prepare for a new resident or be used for office space. He said that they are planning to tear down the old building and that they would sign and MOU to guarantee that happening. Mr. Maass said the MOU would be signed and an escrow would be collected from Hope House. The escrow would be used by the city to pay for demolition if Hope House does not demolish the old home. Mr. Maass said that one to six residents are currently permitted in the Hope House zoning, but seven to 16 residents would have to be approved as a Conditional Use by the city. Currently, the city code states that if the city approves a CUP, the number of residents can be up to 16 individuals. He asked if the council would like to change the code to allow a maximum of eight residents. The council members agreed that they would like to change the maximum of residents to eight in the city code. There was further discussion about where the new driveway would be located and if it would be adequate for emergency vehicles to get to the home quickly. Hope House will work with the city to ensure that emergency vehicles can get to the home. Mayor Ryan asked that Hope House continue their efforts to keep local residents aware of what is happening since that was a large concern for the neighbors. Madison AI Demonstration Laurie Hokkanen, City Manager, gave an overview of how Madison AI works and how staff could use the software to help find city information. Mayor Ryan recessed the work session at 6:55 pm 104 City Council Work Session Minutes – October 14, 2024 3 Mayor Ryan reconvened the work session at 7:19 Haley Schbert absent for the second half of the WS General Fund Budget Update Laurie Hokkanen discussed potentially adding a Parks Maintenance position. Jerry Ruegemer, Parks Director introduced Adam Beers, Park Maintenance Supervisor, who does the daily administration for the department, and Gary Berg, Park Maintenance Foreman, who does the daily supervision of staff in the Parks department. Mr. Beers said that if a staff member was added more proactive work could be done. There are high expectations of having ball fields ready for players. The trails could be cleared sooner for safety. A specialized person can help with knowledge of turf maintenance. Ms. Hokkanen said that are looking for someone to do the higher-level tasks with more expertise with things like fixing and maintaining irrigation systems. Mr. Berg stated that the full-time staff are setting up for the seasonal employees to do the tasks. Mayor Ryan thanked the park staff for all their hard work and acknowledged all the great work they do. She said that the council appreciated hearing their needs and would consider the request. Kelly Grinnell, Finance Director, gave an overview of the updated budget. She said that guidance was needed from the City Council to determine if lifeguards at Lake Ann should be left in the budget. The Park Maintenance employee needed to be decided, and the general contingency of $25,000 needed to be addressed. She said that the budget will be more detailed in the coming weeks. The City Council decided to wait to make any decisions on those items. Review Conceptual Development for 6535 Peaceful Lane (Pleasant View Pointe) Mr. Maass introduced Paul Robinson, Rachel Development, Mark Rausch, Alliant Engineering, and Rick Denman, Charles Cudd Homes. They have a proposed development application that should be submitted in November or December of 2024 for 6535 Peaceful Lane to build 19 homes on a 13.25- acre property. The development has two street concepts, and the developers are asking the city to assist in which plan they should use for their application. Mr. Maass said that the first concept has no connection options for Nez Perce and Pleasant View Road. This plan would need the developer to have a variance due to the length of the cul-de sac. The second concept plan would be to connect Nez Perce and Pleasant View Road as has been planned since the original development in the 1990s. The second option would not require a variance for the developer to build. Mr. Maass said that the city did a feasibility study and condemned the right-of- way to make a future connection to the road. There were escrows paid to the city for $17,000. Charlie Howley, Public Works Director/City Engineer, gave reasons for why the road should be connected. Emergency vehicles have better accessibility to the area with the road connection. The existing traffic volumes on Lake Lucy Road would decrease. The connection allows for a utility corridor. The schools don’t like to send busses down cul-de-sacs. Garbage and delivery trucks also 105 City Council Work Session Minutes –October 14, 2024 4 have a more difficult time with the long cul-de-sac. Overall connectivity of the neighborhood is what was planned. There is also an access road to the water tower that has a steep grade that could be addressed in the future with the connection. Paul Robinson, Rachel Development, said that they had a neighborhood meeting and the top issues from residents were that they did not want Nez Perce to be connected,and traffic concerns if the connection was made. Councilmember von Oven asked how long the sign on the dead end that reads future connection of the road had been in place. Mr. Maass responded that the sign has been in place since the original development in the 1990s. Councilmember McDonald said that he felt that the road should be connected. Councilmember von Oven was in favor of the development and said he would lean to the road being connected. Councilmember Schubert said before her departure that she would not be in favor of the road being connected. Mayor Ryan and Councilmember Kimber were not in favor of the road connection. Discuss Citywide Speed Limit Reduction Proposal Charlie Howley, Public Works Director/City Engineer discussed the potential of lowering the city- wide speed limit. A FlashVote survey was done, and the results came back with a majority of people not wanting to lower the speed limits to 25 miles per hour. There was slightly higher interest in lowering speed limits to 25 miles per hour since the last FlashVote survey. Mr. Howley said that several other cities in the area had lowered the speed limit and that in the future the State of Minnesota may decide to do a lowering of speed limits throughout the state. The City Council discussed and decided they would not make a change to the city-wide speed limit at this time. Mayor Ryan adjourned the meeting at 9:11 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Jenny Potter City Clerk 106 City Council Item October 28, 2024 Item Approve City Council Minutes dated October 14, 2024 File No.Item No: E.2 Agenda Section CONSENT AGENDA Prepared By Jenny Potter, City Clerk Reviewed By SUGGESTED ACTION "The Chanhassen City Council approves the City Council minutes dated October 14, 2024." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION Staff recommends that the Chanhassen City Council approves the City Council minutes dated October 14, 2024. 107 ATTACHMENTS City Council Minutes dated October 14, 2024 108 CHANHASSEN CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 14, 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, Councilmember von Oven, Councilmember Kimber, Councilmember McDonald, and Councilmember Schubert COUNCIL MEMBERS ABSENT: STAFF PRESENT: Laurie Hokkanen, City Manager, Charlie Howley, Public Works Director/City Engineer; Matt Unmacht, Assistant City Manager, Jerry Ruegemer, Parks Director; Eric Maass, Planning Director; Kelly Grinnell, Finance Director; Patrick Gavin, Communications Manager; Jenny Potter, City Clerk, Lieutenant Lance Pearce PUBLIC PRESENT: Kevin Hill, Southern Valley Alliance Debbie Loyd Linda Paulson PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilmember McDonald moved, Councilmember Kimber seconded that the City Council approve the following consent agenda items 1 through 13 pursuant to the City Manager’s recommendations: 1. Approve City Council Work Session Minutes dated September 23, 2024 2. Approve City Council Minutes dated September 23, 2024 3. Receive Commission on Aging Minutes dated August 16, 2024 4. Receive Park and Recreation Commission Minutes dated August 27, 2024 5. Approve Claims Paid dated October 14, 2024 6. Approve an Encroachment Agreement between the City of Chanhassen and the property owner at 8831 Lake Susan Court 7. Approve an Encroachment Agreement between the City of Chanhassen and the property owner at 8634 Valley View Court 109 City Council Minutes – October 14, 2024 2 8. Approve an Encroachment Agreement between the City of Chanhassen and the property owner at 7576 Walnut Curve 9. Approve Contract Amendment with SEH Related For The Lake Ann Park Preserve Project 10. Approve Development Contract for Avienda Townhomes Addition 11. Approve Contract for Adding Bluetooth Enabled Card Readers to the Public Works Overhead Bay Doors 12. Resolution 2024-XX: Approval to enter into a Cooperative Grant Agreement with Great River Greening for the Lake Ann Park Preserve 13. Resolution 2024-XX: Call for Improvement Hearing for Crimson Bay Road Improvements Project All voted in favor, and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. 1. Southern Valley Alliance Presentation, Domestic Violence Awareness Month – Kevin Hill Kevin Hill, a Board Member for Southern Valley Alliance, explained the services Southern Valley Alliance provides to help survivors of domestic violence. He summarized the transitional housing program in Carver County and how it helps domestic violence victims. He encouraged individuals to connect with Southern Valley Alliance on social media and noted the volunteer opportunities. Mayor Ryan asked about the partnership with Carver County for transitional housing. Mr. Hill was unsure but stated they had talked with the Carver County Community Development Agency. He hoped that Southern Valley Alliance could continue to expand its services. Debbie Loyd voiced concerns about access to voting for the election at her precinct. She asked how the City of Chanhassen would address these concerns. Laurie Hokkanen, City Manager, responded that they had lost twenty parking stalls with the Civic Campus construction. She said that all city-owned vehicles would be moved off-site to provide additional parking spaces for voters. All staff that can work remotely at city hall are encouraged to do so. They asked construction crews to not receive deliveries that day. The city staff will do golf cart shuttling to different precinct locations if they can rent golf carts. She said the city will use social media, the website, and email to notify residents of these opportunities. 110 City Council Minutes – October 14, 2024 3 Linda Paulson stated that she hoped that Comcast would not ask residents to pay more for the services. She voiced concerns about fireworks at Lotus Lake. She thanked those about the Center Point Energy grants. She thanked the staff for posting the University of Minnesota study. PUBLIC HEARINGS. None. GENERAL BUSINESS. None. COUNCIL PRESENTATIONS. Councilmember Kimber thanked the fire department for the open house. He stated that they had great demonstrations and activities. He noted that there was a lot of participation. ADMINISTRATIVE PRESENTATIONS. None. CORRESPONDENCE DISCUSSION 1. Traffic Safety Committee (TSC) Annual Summary 2. Follow-up on Citizen Action Request Items 3. Notice of Public Hearing to Consider an Ordinance Amending the County Code and Cannabis Regulations: Carver County Councilmember Schubert moved, Councilmember 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 7:13 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Jenny Potter City Clerk 111 City Council Item October 28, 2024 Item Receive Environmental Commission Minutes dated July 10, 2024 File No.Item No: E.3 Agenda Section CONSENT AGENDA Prepared By Amy Weidman, Senior Admin Support Specialist Reviewed By SUGGESTED ACTION "The Chanhassen City Council receives the Environmental Commission Minutes dated July 10, 2024." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 112 Environmental Commission Minutes dated July 10, 2024 113 Chanhassen Environmental Commission (EC) 6:00 pm July 10, 2024 Members Present: Scott Grefe, Kaisa Buckholz, Leslie Elhadi, Billy Cripe, Sidney Lindmark, John Stutzman, Ryan Farnan Members Absent: Paget Pengelly Staff Present: Jamie Marsh, Environmental Resource Specialist Visitors: None Call to Order The meeting was called to order at 6:02 p.m. Minutes Commissioner Lindmark moved to approve the meeting minutes dated June 12, 2024 with clarifying amendments; Commissioner Cripe seconded. The minutes were approved with a 7-0 vote. Discussion Items 1. Business Expo Event Summary The commissioners discussed the Business Expo, where the Environmental Commission hosted a table during the 4th of July Celebration. The Commissioners agreed that the event went smoothly. The candy giveaways and the garlic mustard poster were well received. Lucy Rehm was there throughout the event and was a popular guest; she drew the raffle winner of the rain barrel. Some ideas for future events include bringing paperweights, an Environmental Commission banner or tablecloth that can be used at many events, more table space, and maybe an interactive game like a spinner wheel or Plinko. 2. Finalize Environmental Academy Jamie Marsh, Environmental Resource Specialist, met with Dustin from Carver County and they finalized the dates for the additional three academy events. The six academy events will be held at 6:00 p.m. this year, a change from last year. They also worked with communications to work on some details. The first Environmental Academy will be held on August 22 to discuss the Civic Campus, including green initiatives. The September 26 event will likely be held onsite at Lake Ann; Ms. Marsh will scope out example trees soon. The plan is to discuss three different invasive species during this event. Other events will be August 29, September 12, October 10, and October 24. 114 The commissioners indicated which academy events they will attend, so at least one Environmental Commissioner will be at each event. 3. Environmental Trivia Night Planning Update Chanhassen Brewing Company has booked November 12 for Environmental Trivia Night. The questions will cover five categories with five questions each, plus a tie-breaker round. The categories will include AIS, terrestrial invasive species, climate change, Environmental Academy topics, Chan-Happenings, and the tie-breaking round will cover flooding. The commissioners will take on a topic to write trivia questions, and they will collaborate on the Academy topic questions. 4. Plan Fall Community Service Event Due to hosting six Environmental Academy events plus a fall trivia night, the Commissioners decided to wait for spring. Commissioner Stutzman made a motion, Commissioner Lindmark seconded to move the service event to spring. The motion passed 7-0. 5. Review Communications Calendar The Commissioners discussed the upcoming months’ topics. They will include lesser-known AIS, chlorides and snow removal, and general information about what the Environmental Commission does as a group. 6. Discuss 2024 Workplan The academy updates were made. The trivia was planned for November. The Commissioners might have a Harvest Moon potluck during the October meeting. Commission Presentations Commissioner Lindmark visited the Riley Purgatory Bluff Creek Watershed District office. He shared the resources he discovered. The conversation shifted to mussel plates and how that could work as a potential service project for the Commission in the spring. Commissioner Grefe and Ms. Marsh recently served on the county’s waste management task force; the project is wrapping up and the county is compiling the plan to submit for approval. The expanded Environmental Academy will be included among the optional components of that plan. Ms. Marsh shared that many Chanhassen residents may not be aware, but residents can request larger or additional recycling bins at no added fee. Commissioner Cripe shared that there is a lot of interest in a Buy Local campaign; the next step is to create a draft landing page for QR codes that could be used on signage. Upcoming Items and Events Commissioner Cripe will put together an option for the Environmental Commission shirts and share for feedback on style and price. 115 Youth Commissioner Farnan is attending his last meeting before he heads out of state for college next month. Ms. Marsh thanked him for his time on the Commission and wished him luck in his next steps. Adjournment Commissioner Stutzman moved to adjourn the meeting. Chair Grefe adjourned at 7:30 p.m. Minutes prepared by Amy Weidman, Senior Administrative Support Specialist Minutes Submitted by Jamie Marsh, Environmental Resource Specialist 116 City Council Item October 28, 2024 Item Approve Claims Paid dated October 28, 2024 File No.Item No: E.4 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 October 28, 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 October 28, 2024: Total Claims $2,354,968.67 BUDGET RECOMMENDATION 117 ATTACHMENTS Payment Summary Payment Detail 118 Accounts Payable Checks by Date - Summary Vendor Name Check Date Void Checks Check Amount AMBER PASS 10/09/2024 0.00 130.88 Ashley McGovern 10/09/2024 0.00 430.58 BOY SCOUT TROOP 330 10/09/2024 0.00 400.00 CCP NI MASTER TENANT 4 LLC 10/09/2024 0.00 7,064.52 CenturyLink 10/09/2024 0.00 64.00 Daniel Ryan 10/09/2024 0.00 175.00 DENNIS & MARCIA FLOM 10/09/2024 0.00 16.69 EDINA REALTY TITLE 10/09/2024 0.00 54.84 EDUARDO RAMIREZ BETTONI 10/09/2024 0.00 7.70 ELIZABETH LEPLATT 10/09/2024 0.00 45.04 EXECUTIVE TITLE SERVICES 10/09/2024 0.00 35.36 FLEX TITLE COMPANY 10/09/2024 0.00 54.62 GREAT NORTH TITLE 10/09/2024 0.00 46.96 JANET WINGERT 10/09/2024 0.00 42.80 KENNETH A THIES 10/09/2024 0.00 675.00 MATTHEW & ROBIN STE MARIE 10/09/2024 0.00 44.80 Metronet Holdings, LLC 10/09/2024 0.00 56.31 MICHAEL & SHANA JANSKI 10/09/2024 0.00 59.15 MICHELLE LAWS MAUREN 10/09/2024 0.00 14.96 NATASHA GOODMAN 10/09/2024 0.00 28.07 NOVEL SOLAR THREE, LLC 10/09/2024 0.00 10,367.25 PETER & LILYAN HAAKENSTAD 10/09/2024 0.00 32.33 RESULTS TITLE 10/09/2024 0.00 35.32 RG TITLE LLC 10/09/2024 0.00 65.92 ROBERT & DEERAE SCHULZ 10/09/2024 0.00 25.42 ROBERT & JESSICA HIMMERICK 10/09/2024 0.00 46.44 ROGER & NORMA VAN HAAFTEN 10/09/2024 0.00 64.30 SAMUEL TAYLOR FINNEGAN 10/09/2024 0.00 31.42 STONE ARCH TITLE 10/09/2024 0.00 114.66 SUSAN MALARET 10/09/2024 0.00 115.88 TAYSHA & MATTHEW KWECH 10/09/2024 0.00 14.42 Thomas Retka 10/09/2024 0.00 450.00 TITLESMART INC 10/09/2024 0.00 44.63 TRADEMARK TITLE SERVICES 10/09/2024 0.00 24.97 WATERMARK TITLE AGENCY 10/09/2024 0.00 29.46 WATERMARK TITLE AGENCY 10/09/2024 0.00 45.85 WILLIAM A. BLONIGAN 10/09/2024 0.00 28.74 A-1 STRIPES 10/10/2024 0.00 2,850.00 Advanced Engineering & Environmental Services, LLC 10/10/2024 0.00 27,457.38 AMERICAN TIRE DISTRIBUTORS INC 10/10/2024 0.00 1,213.47 Art Partners Group, LLC 10/10/2024 0.00 3,455.70 ASPEN MILLS 10/10/2024 0.00 181.44 Badger State Inspection LLC 10/10/2024 0.00 2,566.00 BENEFIT EXTRAS INC 10/10/2024 0.00 459.70 Page 1 of 4 119 Vendor Name Check Date Void Checks Check Amount Cintas Corporation No. 2 10/10/2024 0.00 111.02 Crysteel Truck Equipment 10/10/2024 0.00 964.00 Dennis Morrissey 10/10/2024 0.00 117.44 Diamond Vogel, Inc. 10/10/2024 0.00 910.25 Emergency Technical Decon 10/10/2024 0.00 1,727.50 Enterprise FM Trust 10/10/2024 0.00 34,619.95 ESS BROTHERS & SONS INC 10/10/2024 0.00 2,472.00 FD Company Indentifiers LLC 10/10/2024 0.00 819.10 Federal Signal Corporation 10/10/2024 0.00 14,093.00 Ferguson Waterworks #2518 10/10/2024 0.00 2,778.00 Go Gymnastics 10/10/2024 0.00 2,048.25 Guard Guys, LLC 10/10/2024 0.00 55.90 HERMAN'S LANDSCAPE SUPPLIES INC 10/10/2024 0.00 382.00 Holton Electric Contractors LLC 10/10/2024 0.00 1,518.21 Juli Al-Hilwani 10/10/2024 0.00 187.50 Kraus-Anderson Construction Company 10/10/2024 0.00 540.00 LEAGUE OF MINNESOTA CITIES 10/10/2024 0.00 30.00 Metropolitan Council, Env Svcs 10/10/2024 0.00 2,460.15 Minnesota Rusco Inc 10/10/2024 0.00 8.95 MN DEPT OF LABOR AND INDUSTRY 10/10/2024 0.00 3,004.45 MN DEPT OF NATURAL RESOURCES 10/10/2024 0.00 136.97 MN DEPT OF TRANSPORTATION 10/10/2024 0.00 1,758.32 MN Plumbing & Home Service Inc 10/10/2024 0.00 80.25 OnStrategy 10/10/2024 0.00 25,000.00 O'Reilly Automotive Inc 10/10/2024 0.00 74.47 PATCHIN MESSNER 10/10/2024 0.00 1,960.00 POMP'S TIRE SERVICE INC 10/10/2024 0.00 1,280.04 Precision Utilities 10/10/2024 0.00 9,282.50 Rain for Rent 10/10/2024 0.00 3,119.46 Shadywood Tree Experts and Landscaping 10/10/2024 0.00 10,318.44 SHERWIN WILLIAMS 10/10/2024 0.00 106.27 Terry Miller Construction LLC 10/10/2024 0.00 103.54 TFORCE FINAL MILE 10/10/2024 0.00 137.43 TruGreen Processing Center 10/10/2024 0.00 1,807.00 TWIN CITY SEED CO. 10/10/2024 0.00 1,500.00 Val Roder / Olivine Yoga LLC 10/10/2024 0.00 150.00 Water Conservation Services, Inc. 10/10/2024 0.00 691.44 WM MUELLER & SONS INC 10/10/2024 0.00 1,336.09 CENTERPOINT ENERGY MINNEGASCO 10/16/2024 0.00 1,033.45 DEAN SABINSKE 10/16/2024 0.00 75.00 Eric Maass 10/16/2024 0.00 3,150.00 Jodi Sarles 10/16/2024 0.00 12.47 Marco Inc 10/16/2024 0.00 1,010.00 MINNESOTA DEPARTMENT OF COMMERCE 10/16/2024 0.00 284.77 MN VALLEY ELECTRIC COOP 10/16/2024 0.00 245.60 Park Construction Co 10/16/2024 0.00 467,294.10 Rachel Jeske 10/16/2024 0.00 101.00 SUSA Treasurer 10/16/2024 0.00 75.00 ALLSTREAM 10/17/2024 0.00 592.69 BRAUN INTERTEC CORPORATION 10/17/2024 0.00 175.00 CDW GOVERNMENT LLC 10/17/2024 0.00 11,447.77 Christine Lea Pedretti 10/17/2024 0.00 1,150.50 Compass Peer Groups LLC 10/17/2024 0.00 500.00 Page 2 of 4 120 Vendor Name Check Date Void Checks Check Amount COMPUTER INTEGRATION TECHN. 10/17/2024 0.00 150.00 Contech Engineered Solutions LLC 10/17/2024 0.00 616.55 DAKOTA SUPPLY GROUP 10/17/2024 0.00 3,969.00 Daniel & Patricia Eithreim 10/17/2024 0.00 500.00 DEM-CON LANDFILL 10/17/2024 0.00 753.31 Earl F Andersen Inc 10/17/2024 0.00 489.35 Emergency Technical Decon 10/17/2024 0.00 188.00 Engel Water Testing Inc 10/17/2024 0.00 875.00 Executive Speakers Bureau 10/17/2024 0.00 1,200.00 Ferguson Waterworks #2518 10/17/2024 0.00 9,313.57 Gary John Anderson Landscaping, Inc 10/17/2024 0.00 500.00 GOPHER STATE ONE-CALL INC 10/17/2024 0.00 832.95 GRANICUS INC 10/17/2024 0.00 27,660.08 Guard Guys, LLC 10/17/2024 0.00 912.00 HAWKINS CHEMICAL 10/17/2024 0.00 7,091.66 Health Strategies 10/17/2024 0.00 243.00 HealthPartners, Inc. 10/17/2024 0.00 95,250.08 HERMAN'S LANDSCAPE SUPPLIES INC 10/17/2024 0.00 382.00 Hydra Power Hydraulics Inc 10/17/2024 0.00 250.58 INDEPENDENT SCHOOL DIST 112 10/17/2024 0.00 10,998.01 Indoor Landscapes Inc 10/17/2024 0.00 187.00 Innovative Office Solutions LLC 10/17/2024 0.00 76.65 Interstate All Battery Center 10/17/2024 0.00 56.20 Jason & Rachel Geyen 10/17/2024 0.00 500.00 KAYE L BENSON 10/17/2024 0.00 616.00 Lockridge Grindal Nauen P.L.L.P 10/17/2024 0.00 3,333.33 LYMAN LUMBER 10/17/2024 0.00 730.90 Master Electric Co. Inc. 10/17/2024 0.00 3,400.00 MERLINS ACE HARDWARE 10/17/2024 0.00 432.47 METROPOLITAN COUNCIL 10/17/2024 0.00 230,855.78 Midwest Aqua Care, Inc 10/17/2024 0.00 890.00 MINNESOTA PETROLEUM SERVICE INC 10/17/2024 0.00 83.01 MN DEPT OF LABOR AND INDUSTRY 10/17/2024 0.00 10.00 NAPA AUTO & TRUCK PARTS 10/17/2024 0.00 660.76 NvoicePay 10/17/2024 0.00 749.94 NYSTROM PUBLISHING COMPANY INC 10/17/2024 0.00 3,946.67 Pinnacle Pest Control 10/17/2024 0.00 730.00 POWER SYSTEMS 10/17/2024 0.00 70.05 PRECISE MRM LLC 10/17/2024 0.00 294.00 Premium Waters, Inc 10/17/2024 0.00 4.32 Raman Zakharenkau 10/17/2024 0.00 500.00 Randy & Alison Blackowiak 10/17/2024 0.00 500.00 REACH FOR RESOURCES 10/17/2024 0.00 505.78 ROADKILL ANIMAL CONTROL 10/17/2024 0.00 206.00 SCOTT NELSON COACHING INC 10/17/2024 0.00 1,500.00 SIR LINES-A-LOT 10/17/2024 0.00 11,362.40 SM HENTGES & SONS 10/17/2024 0.00 1,238,801.98 Standard Spring-Truck Suspension Parts 10/17/2024 0.00 2,203.96 SUMMIT FIRE PROTECTION 10/17/2024 0.00 430.00 The Deck & Door Co Inc 10/17/2024 0.00 500.00 TimeSaver Off Site Secretarial, Inc 10/17/2024 0.00 246.00 TOM & KRIS STEINKAMP 10/17/2024 0.00 500.00 TRAFFIC CONTROL CORPORATION 10/17/2024 0.00 1,050.00 Page 3 of 4 121 Vendor Name Check Date Void Checks Check Amount Waste Management of Minnesota, Inc 10/17/2024 0.00 1,707.52 WM MUELLER & SONS INC 10/17/2024 0.00 1,977.84 WSB & ASSOCIATES INC 10/17/2024 0.00 9,169.75 Report Total:0.00 2,354,968.67 Page 4 of 4 122 AP Check Detail User: dwashburn@chanhassenmn.gov Printed: 10/18/2024 12:30:08 PM Last Name Acct 1 Amount Check Date Description A-1 STRIPES 101-1320-4543 2,850.00 10/10/2024 Minnewashta Pkwy@king Rd striping 2,850.00 10/10/2024 A-1 STRIPES 2,850.00 Advanced Engineering & Environmental Services, LLC 701-7061-4300 27,457.38 10/10/2024 LS #33 Design (2010 MUSA LS) 27,457.38 10/10/2024 Advanced Engineering & Environmental Services, LLC 27,457.38 Al-Hilwani Juli 101-1530-4347 112.50 10/10/2024 Wicka 3 Al-Hilwani Juli 101-1539-4343 75.00 10/10/2024 Pickleball 10/5 187.50 10/10/2024 Al-Hilwani Juli 187.50 ALLSTREAM 101-1160-4310 592.69 10/17/2024 Phone System Maint 11/18 -11/17 592.69 10/17/2024 ALLSTREAM 592.69 AMERICAN TIRE DISTRIBUTORS INC 101-1550-4120 811.95 10/10/2024 tires AMERICAN TIRE DISTRIBUTORS INC 101-1320-4120 401.52 10/10/2024 tires AP - Check Detail (10/18/2024)Page 1 of 32 123 Last Name Acct 1 Amount Check Date Description 1,213.47 10/10/2024 AMERICAN TIRE DISTRIBUTORS INC 1,213.47 Art Partners Group, LLC 101-1220-4121 3,455.70 10/10/2024 Department photo wall 3,455.70 10/10/2024 Art Partners Group, LLC 3,455.70 ASPEN MILLS 101-1220-4240 181.44 10/10/2024 Thorsen Duty Crew Pants 181.44 10/10/2024 ASPEN MILLS 181.44 Badger State Inspection LLC 101-0000-2076 2,566.00 10/10/2024 Lake Lucy New Dish Wireless Install 2,566.00 10/10/2024 Badger State Inspection LLC 2,566.00 BENEFIT EXTRAS INC 101-1120-4351 200.95 10/10/2024 Monthly Participation/Cobra notices BENEFIT EXTRAS INC 101-0000-2012 258.75 10/10/2024 Monthly admin/retiree billing 459.70 10/10/2024 BENEFIT EXTRAS INC 459.70 BENSON KAYE L 101-1539-4343 616.00 10/17/2024 Fit for Life Instruction 616.00 10/17/2024 BENSON KAYE L 616.00 BETTONI EDUARDO RAMIREZ 700-0000-2020 0.65 10/9/2024 Refund Check 102341-000, 3649 STRAWBERRY LANE AP - Check Detail (10/18/2024)Page 2 of 32 124 Last Name Acct 1 Amount Check Date Description BETTONI EDUARDO RAMIREZ 720-0000-2020 7.05 10/9/2024 Refund Check 102341-000, 3649 STRAWBERRY LANE 7.70 10/9/2024 BETTONI EDUARDO RAMIREZ 7.70 Blackowiak Randy & Alison 101-0000-2073 500.00 10/17/2024 Erosion escrow 8140 Maplewood Terrace #623752 500.00 10/17/2024 Blackowiak Randy & Alison 500.00 BLONIGAN WILLIAM A.720-0000-2020 4.61 10/9/2024 Refund Check 017857-000, 2820 CENTURY TRAIL BLONIGAN WILLIAM A.700-0000-2020 6.59 10/9/2024 Refund Check 017857-000, 2820 CENTURY TRAIL BLONIGAN WILLIAM A.700-0000-2020 1.24 10/9/2024 Refund Check 017857-000, 2820 CENTURY TRAIL BLONIGAN WILLIAM A.701-0000-2020 16.30 10/9/2024 Refund Check 017857-000, 2820 CENTURY TRAIL 28.74 10/9/2024 BLONIGAN WILLIAM A. 28.74 BOY SCOUT TROOP 330 101-1120-4110 190.00 10/9/2024 Wreaths BOY SCOUT TROOP 330 101-1220-4290 140.00 10/9/2024 Wreaths BOY SCOUT TROOP 330 101-1312-4120 70.00 10/9/2024 Wreaths 400.00 10/9/2024 BOY SCOUT TROOP 330 400.00 BRAUN INTERTEC CORPORATION 101-1320-4546 175.00 10/17/2024 2024 Pavement Inspection 175.00 10/17/2024 BRAUN INTERTEC CORPORATION 175.00 CCP NI MASTER TENANT 4 LLC 101-1120-1193 121.91 10/9/2024 Solar Charges CCP NI MASTER TENANT 4 LLC 101-1550-4320 381.67 10/9/2024 Solar Charges CCP NI MASTER TENANT 4 LLC 101-1350-4320 2,978.85 10/9/2024 Solar Charges AP - Check Detail (10/18/2024)Page 3 of 32 125 Last Name Acct 1 Amount Check Date Description CCP NI MASTER TENANT 4 LLC 101-1540-4320 358.18 10/9/2024 Solar Charges CCP NI MASTER TENANT 4 LLC 700-7019-4320 1,779.62 10/9/2024 Solar Charges CCP NI MASTER TENANT 4 LLC 701-0000-4320 1,302.43 10/9/2024 Solar Charges CCP NI MASTER TENANT 4 LLC 101-1600-4320 29.25 10/9/2024 Solar Charges CCP NI MASTER TENANT 4 LLC 700-0000-4320 112.61 10/9/2024 Solar Charges 7,064.52 10/9/2024 CCP NI MASTER TENANT 4 LLC 7,064.52 CDW GOVERNMENT LLC 101-1250-4120 -153.00 10/17/2024 CREDIT Return - Havis Mount Bldg Dept CDW GOVERNMENT LLC 101-1250-4120 147.62 10/17/2024 Haviz Mount 2019 Chev Silverado - Bldg CDW GOVERNMENT LLC 101-1160-4207 11,453.15 10/17/2024 Cybereason EDR / MDR / MTD Renewal 11,447.77 10/17/2024 CDW GOVERNMENT LLC 11,447.77 CENTERPOINT ENERGY MINNEGASCO 101-1170-4321 388.10 10/16/2024 Gas Charges CENTERPOINT ENERGY MINNEGASCO 701-0000-4321 34.54 10/16/2024 Gas Charges CENTERPOINT ENERGY MINNEGASCO 101-1550-4321 38.64 10/16/2024 Gas Charges CENTERPOINT ENERGY MINNEGASCO 101-1220-4321 107.16 10/16/2024 Gas Charges CENTERPOINT ENERGY MINNEGASCO 700-0000-4321 34.54 10/16/2024 Gas Charges CENTERPOINT ENERGY MINNEGASCO 700-7019-4321 38.64 10/16/2024 Gas Charges CENTERPOINT ENERGY MINNEGASCO 101-1600-4321 22.10 10/16/2024 Gas Charges CENTERPOINT ENERGY MINNEGASCO 700-7043-4321 94.88 10/16/2024 Gas Charges CENTERPOINT ENERGY MINNEGASCO 101-1190-4321 126.37 10/16/2024 Gas Charges CENTERPOINT ENERGY MINNEGASCO 101-1530-4321 48.93 10/16/2024 Gas Charges CENTERPOINT ENERGY MINNEGASCO 101-1312-4321 99.55 10/16/2024 Gas Charges 1,033.45 10/16/2024 CENTERPOINT ENERGY MINNEGASCO 1,033.45 CenturyLink 701-0000-4310 32.00 10/9/2024 Telephone & Communication Charges CenturyLink 700-0000-4310 32.00 10/9/2024 Telephone & Communication Charges 64.00 10/9/2024 AP - Check Detail (10/18/2024)Page 4 of 32 126 Last Name Acct 1 Amount Check Date Description CenturyLink 64.00 Cintas Corporation No. 2 101-1312-4510 61.64 10/10/2024 first aid kits Cintas Corporation No. 2 101-1320-4150 49.38 10/10/2024 safety supplies 111.02 10/10/2024 Cintas Corporation No. 2 111.02 Compass Peer Groups LLC 101-1120-4370 500.00 10/17/2024 Training-Econ Dvlp Getting the Deal Done 500.00 10/17/2024 Compass Peer Groups LLC 500.00 COMPUTER INTEGRATION TECHN.101-1160-4205 150.00 10/17/2024 SSL Certificate Renewal - VPN 150.00 10/17/2024 COMPUTER INTEGRATION TECHN. 150.00 Contech Engineered Solutions LLC 720-7207-4150 616.55 10/17/2024 stormwater pipe 616.55 10/17/2024 Contech Engineered Solutions LLC 616.55 Crysteel Truck Equipment 101-1320-4140 964.00 10/10/2024 tool box 964.00 10/10/2024 Crysteel Truck Equipment 964.00 DAKOTA SUPPLY GROUP 700-0000-4550 3,969.00 10/17/2024 water main supplies 3,969.00 10/17/2024 AP - Check Detail (10/18/2024)Page 5 of 32 127 Last Name Acct 1 Amount Check Date Description DAKOTA SUPPLY GROUP 3,969.00 DEM-CON LANDFILL 101-1320-4150 753.31 10/17/2024 street sweeping 753.31 10/17/2024 DEM-CON LANDFILL 753.31 Diamond Vogel, Inc.101-1320-4154 910.25 10/10/2024 beads for Pave marking 910.25 10/10/2024 Diamond Vogel, Inc. 910.25 Earl F Andersen Inc 101-1320-4155 489.35 10/17/2024 street signs 489.35 10/17/2024 Earl F Andersen Inc 489.35 EDINA REALTY TITLE 700-0000-2020 0.80 10/9/2024 Refund Check 097608-000, 8281 WEST LAKE COURT EDINA REALTY TITLE 720-0000-2020 9.87 10/9/2024 Refund Check 097608-000, 8281 WEST LAKE COURT EDINA REALTY TITLE 701-0000-2020 28.27 10/9/2024 Refund Check 097608-000, 8281 WEST LAKE COURT EDINA REALTY TITLE 700-0000-2020 15.90 10/9/2024 Refund Check 097608-000, 8281 WEST LAKE COURT 54.84 10/9/2024 EDINA REALTY TITLE 54.84 Eithreim Daniel & Patricia 101-0000-2073 500.00 10/17/2024 Erosion escrow 7335 Paisley Court #620852 500.00 10/17/2024 Eithreim Daniel & Patricia 500.00 Emergency Technical Decon 101-1220-4530 1,727.50 10/10/2024 4th round of gear wash AP - Check Detail (10/18/2024)Page 6 of 32 128 Last Name Acct 1 Amount Check Date Description 1,727.50 10/10/2024 Emergency Technical Decon 101-1220-4530 188.00 10/17/2024 Names added to back up gear 188.00 10/17/2024 Emergency Technical Decon 1,915.50 Engel Water Testing Inc 700-0000-4300 875.00 10/17/2024 water samples 875.00 10/17/2024 Engel Water Testing Inc 875.00 Enterprise FM Trust 400-0000-4810 632.37 10/10/2024 203 - 23 Chev Silv #26RPC3 Enterprise FM Trust 700-0000-4811 167.15 10/10/2024 315 - 24 Chev Silv #27MGTV Enterprise FM Trust 400-0000-4810 600.99 10/10/2024 140 - 22 Chev Silv #25G5J6 Enterprise FM Trust 400-0000-4811 231.49 10/10/2024 134 - 23 Chev Silv #25WNKR Enterprise FM Trust 700-0000-2317 364.69 10/10/2024 303 - 24 Chev Silv #27MGR7 Enterprise FM Trust 400-0000-4810 600.44 10/10/2024 408 - 22 Chev Silv #25G89X Enterprise FM Trust 701-0000-2317 366.36 10/10/2024 306 - 24 Chev Silv #27MGRB Enterprise FM Trust 400-0000-4811 128.08 10/10/2024 411 - 22 Chev Silv #25G8CL Enterprise FM Trust 400-0000-4811 130.23 10/10/2024 606 - 22 Ford Rang #25G23Z Enterprise FM Trust 701-0000-4811 69.48 10/10/2024 307 - 23 Chev Equinox #262P8K Enterprise FM Trust 400-0000-4811 121.50 10/10/2024 214 - 22 Chev Silv #25G5D2 Enterprise FM Trust 400-0000-4810 607.16 10/10/2024 411 - 22 Chev Silv #25G8CL Enterprise FM Trust 400-0000-4810 702.73 10/10/2024 134 - 23 Chev Silv #25WNKR Enterprise FM Trust 400-0000-4810 455.70 10/10/2024 605 - 22 Ford Rang #25G25M Enterprise FM Trust 400-0000-4810 649.71 10/10/2024 131 - 24 Chev Silv #27NDJK Enterprise FM Trust 701-0000-2317 365.58 10/10/2024 301 - 24 Chev Silv #27MGR8 Enterprise FM Trust 700-0000-2317 364.11 10/10/2024 315 - 24 Chev Silv #27MGTV Enterprise FM Trust 701-0000-4811 164.59 10/10/2024 303 - 24 Chev Silv #27MGR7 Enterprise FM Trust 400-0000-4810 547.31 10/10/2024 430 - 24 Chry Paci #275N63 Enterprise FM Trust 700-0000-4811 63.11 10/10/2024 305 - 22 Chev Silv #25G5QR Enterprise FM Trust 400-0000-4811 300.35 10/10/2024 401 - 23 Chev Silv #26RPBZ Enterprise FM Trust 400-0000-4811 290.47 10/10/2024 204 - 23 Chev Tahoe #25WDVL Enterprise FM Trust 400-0000-4810 505.39 10/10/2024 412 - 22 GMC Sier #25H28F Enterprise FM Trust 400-0000-4811 235.43 10/10/2024 416 - 23 Chev Silv #25XGMC Enterprise FM Trust 400-0000-4810 681.47 10/10/2024 402 - 23 Chev Silv #25XGMF Enterprise FM Trust 400-0000-4810 411.62 10/10/2024 602 - 24 Chev Equi #27MF9K AP - Check Detail (10/18/2024)Page 7 of 32 129 Last Name Acct 1 Amount Check Date Description Enterprise FM Trust 400-0000-4811 126.08 10/10/2024 605 - 22 Ford Rang #25G25M Enterprise FM Trust 700-0000-2317 368.16 10/10/2024 310 - 24 Chev Silv #27MGR3 Enterprise FM Trust 400-0000-4811 317.56 10/10/2024 501 - 23 Chev Silv #26RL44 Enterprise FM Trust 700-0000-4811 167.16 10/10/2024 314 - 24 Chev Silv #27MGTW Enterprise FM Trust 700-0000-4811 164.59 10/10/2024 303 - 24 Chev Silv #27MGR7 Enterprise FM Trust 400-0000-4810 505.20 10/10/2024 502 - 23 Chev Blazer #25XQVB Enterprise FM Trust 400-0000-4810 492.20 10/10/2024 801 - 24 Chry Paci #2754MQ Enterprise FM Trust 400-0000-4811 138.45 10/10/2024 201 - 22 GMC Yuko #25MPSN Enterprise FM Trust 400-0000-4811 146.31 10/10/2024 001 - 22 Ford Esca #26M3MH Enterprise FM Trust 400-0000-4811 300.20 10/10/2024 430 - 24 Chry Paci #275N63 Enterprise FM Trust 400-0000-4810 676.06 10/10/2024 401 - 23 Chev Silv #26RPBZ Enterprise FM Trust 700-0000-4811 69.49 10/10/2024 307 - 23 Chev Equinox #262P8K Enterprise FM Trust 701-0000-4811 163.40 10/10/2024 306 - 24 Chev Silv #27MGRB Enterprise FM Trust 400-0000-4811 235.96 10/10/2024 403 - 23 Chev Silv #25XGMK Enterprise FM Trust 400-0000-4810 697.93 10/10/2024 416 - 23 Chev Silv #25XGMC Enterprise FM Trust 400-0000-4810 669.29 10/10/2024 505 - 23 Chev Silv #26RP8Z Enterprise FM Trust 400-0000-4810 543.20 10/10/2024 501 - 23 Chev Silv #26RL44 Enterprise FM Trust 400-0000-4810 583.93 10/10/2024 214 - 22 Chev Silv #25G5D2 Enterprise FM Trust 701-0000-4811 164.18 10/10/2024 301 - 24 Chev Silv #27MGR8 Enterprise FM Trust 400-0000-4810 585.73 10/10/2024 202 - 23 Chev Tahoe #25WDVJ Enterprise FM Trust 400-0000-4810 702.74 10/10/2024 132 - 23 Chev Silv #25WNCN Enterprise FM Trust 700-0000-4811 164.19 10/10/2024 301 - 24 Chev Silv #27MGR8 Enterprise FM Trust 400-0000-4811 301.20 10/10/2024 801 - 24 Chry Paci #2754MQ Enterprise FM Trust 700-0000-2317 342.12 10/10/2024 308 - 24 Chev Silv #27RZHT Enterprise FM Trust 400-0000-4810 699.60 10/10/2024 419 - 23 Chev Silv #25XGMJ Enterprise FM Trust 701-0000-2317 364.12 10/10/2024 315 - 24 Chev Silv #27MGTV Enterprise FM Trust 701-0000-2317 342.12 10/10/2024 308 - 24 Chev Silv #27RZHT Enterprise FM Trust 400-0000-4811 397.33 10/10/2024 404 - 24 GMC Sier #27NDJJ Enterprise FM Trust 400-0000-4811 254.22 10/10/2024 402 - 23 Chev Silv #25XGMF Enterprise FM Trust 701-0000-2317 364.68 10/10/2024 303 - 24 Chev Silv #27MGR7 Enterprise FM Trust 400-0000-4811 176.78 10/10/2024 405 - 22 Chev Silv #25G5QQ Enterprise FM Trust 400-0000-4811 290.47 10/10/2024 202 - 23 Chev Tahoe #25WDVJ Enterprise FM Trust 701-0000-4811 63.11 10/10/2024 305 - 22 Chev Silv #25G5QR Enterprise FM Trust 701-0000-2317 368.16 10/10/2024 310 - 24 Chev Silv #27MGR3 Enterprise FM Trust 400-0000-4811 108.23 10/10/2024 140 - 22 Chev Silv #25G5J6 Enterprise FM Trust 700-0000-2317 366.37 10/10/2024 306 - 24 Chev Silv #27MGRB Enterprise FM Trust 400-0000-4810 684.32 10/10/2024 404 - 24 GMC Sier #27NDJJ Enterprise FM Trust 701-0000-4811 167.15 10/10/2024 314 - 24 Chev Silv #27MGTW Enterprise FM Trust 701-0000-4811 160.48 10/10/2024 310 - 24 Chev Silv #27MGR3 Enterprise FM Trust 701-0000-2317 188.73 10/10/2024 307 - 23 Chev Equinox #262P8K Enterprise FM Trust 400-0000-4810 562.50 10/10/2024 405 - 22 Chev Silv #25G5QQ Enterprise FM Trust 701-0000-4811 147.88 10/10/2024 308 - 24 Chev Silv #27RZHT Enterprise FM Trust 400-0000-4810 415.93 10/10/2024 606 - 22 Ford Rang #25G23Z AP - Check Detail (10/18/2024)Page 8 of 32 130 Last Name Acct 1 Amount Check Date Description Enterprise FM Trust 700-0000-2317 364.12 10/10/2024 314 - 24 Chev Silv #27MGTW Enterprise FM Trust 400-0000-4811 212.74 10/10/2024 602 - 24 Chev Equi #27MF9K Enterprise FM Trust 400-0000-4811 137.99 10/10/2024 408 - 22 Chev Silv #25G89X Enterprise FM Trust 700-0000-2317 365.58 10/10/2024 301 - 24 Chev Silv #27MGR8 Enterprise FM Trust 400-0000-4810 684.29 10/10/2024 410 - 24 GMC Sier #27NDJB Enterprise FM Trust 400-0000-4811 397.41 10/10/2024 410 - 24 GMC Sier #27NDJB Enterprise FM Trust 400-0000-4811 235.32 10/10/2024 420 - 23 Chev Silv #25XGMS Enterprise FM Trust 400-0000-4811 353.23 10/10/2024 131 - 24 Chev Silv #27NDJK Enterprise FM Trust 400-0000-4810 712.03 10/10/2024 201 - 22 GMC Yuko #25MPSN Enterprise FM Trust 701-0000-2317 302.17 10/10/2024 305 - 22 Chev Silv #25G5QR Enterprise FM Trust 400-0000-4811 393.90 10/10/2024 130 - 24 GMC Sier #27NF7M Enterprise FM Trust 701-0000-2317 364.11 10/10/2024 314 - 24 Chev Silv #27MGTW Enterprise FM Trust 700-0000-4811 147.88 10/10/2024 308 - 24 Chev Silv #27RZHT Enterprise FM Trust 400-0000-4811 235.98 10/10/2024 419 - 23 Chev Silv #25XGMJ Enterprise FM Trust 400-0000-4811 231.50 10/10/2024 132 - 23 Chev Silv #25WNCN Enterprise FM Trust 400-0000-4811 302.19 10/10/2024 505 - 23 Chev Silv #26RP8Z Enterprise FM Trust 400-0000-4810 683.85 10/10/2024 130 - 24 GMC Sier #27NF7M Enterprise FM Trust 700-0000-2317 188.72 10/10/2024 307 - 23 Chev Equinox #262P8K Enterprise FM Trust 700-0000-4811 163.40 10/10/2024 306 - 24 Chev Silv #27MGRB Enterprise FM Trust 400-0000-4810 699.51 10/10/2024 403 - 23 Chev Silv #25XGMK Enterprise FM Trust 400-0000-4811 95.86 10/10/2024 412 - 22 GMC Sier #25H28F Enterprise FM Trust 400-0000-4811 214.43 10/10/2024 502 - 23 Chev Blazer #25XQVB Enterprise FM Trust 400-0000-4810 405.02 10/10/2024 001 - 22 Ford Esca #26M3MH Enterprise FM Trust 400-0000-4810 697.62 10/10/2024 420 - 23 Chev Silv #25XGMS Enterprise FM Trust 700-0000-2317 302.17 10/10/2024 305 - 22 Chev Silv #25G5QR Enterprise FM Trust 701-0000-4811 167.16 10/10/2024 315 - 24 Chev Silv #27MGTV Enterprise FM Trust 400-0000-4811 310.53 10/10/2024 203 - 23 Chev Silv #26RPC3 Enterprise FM Trust 400-0000-4810 585.73 10/10/2024 204 - 23 Chev Tahoe #25WDVL Enterprise FM Trust 700-0000-4811 160.49 10/10/2024 310 - 24 Chev Silv #27MGR3 34,619.95 10/10/2024 Enterprise FM Trust 34,619.95 ESS BROTHERS & SONS INC 720-7207-4150 2,472.00 10/10/2024 storm water grate 2,472.00 10/10/2024 ESS BROTHERS & SONS INC 2,472.00 Executive Speakers Bureau 101-1120-4371 1,200.00 10/17/2024 Deposit-speaker for annual holiday event AP - Check Detail (10/18/2024)Page 9 of 32 131 Last Name Acct 1 Amount Check Date Description 1,200.00 10/17/2024 Executive Speakers Bureau 1,200.00 EXECUTIVE TITLE SERVICES 701-0000-2020 11.66 10/9/2024 Refund Check 014194-000, 8481 PELICAN COURT EXECUTIVE TITLE SERVICES 720-0000-2020 8.04 10/9/2024 Refund Check 014194-000, 8481 PELICAN COURT EXECUTIVE TITLE SERVICES 700-0000-2020 15.01 10/9/2024 Refund Check 014194-000, 8481 PELICAN COURT EXECUTIVE TITLE SERVICES 700-0000-2020 0.65 10/9/2024 Refund Check 014194-000, 8481 PELICAN COURT 35.36 10/9/2024 EXECUTIVE TITLE SERVICES 35.36 FD Company Indentifiers LLC 101-1220-4260 819.10 10/10/2024 SCBA Identifiers 819.10 10/10/2024 FD Company Indentifiers LLC 819.10 Federal Signal Corporation 402-4020-4530 14,093.00 10/10/2024 Emergency Siren (#1 & #6) Control Box replacement 14,093.00 10/10/2024 Federal Signal Corporation 14,093.00 Ferguson Waterworks #2518 701-0000-4140 1,389.00 10/10/2024 tool box for trucks Ferguson Waterworks #2518 700-0000-4140 1,389.00 10/10/2024 tool box for trucks 2,778.00 10/10/2024 Ferguson Waterworks #2518 700-0000-4250 9,313.57 10/17/2024 3 inch water meters 9,313.57 10/17/2024 Ferguson Waterworks #2518 12,091.57 FINNEGAN SAMUEL TAYLOR 700-0000-2020 7.84 10/9/2024 Refund Check 101855-000, 2240 MELODY HILL ROAD AP - Check Detail (10/18/2024)Page 10 of 32 132 Last Name Acct 1 Amount Check Date Description FINNEGAN SAMUEL TAYLOR 701-0000-2020 13.51 10/9/2024 Refund Check 101855-000, 2240 MELODY HILL ROAD FINNEGAN SAMUEL TAYLOR 700-0000-2020 0.76 10/9/2024 Refund Check 101855-000, 2240 MELODY HILL ROAD FINNEGAN SAMUEL TAYLOR 720-0000-2020 9.31 10/9/2024 Refund Check 101855-000, 2240 MELODY HILL ROAD 31.42 10/9/2024 FINNEGAN SAMUEL TAYLOR 31.42 FLEX TITLE COMPANY 700-0000-2020 12.89 10/9/2024 Refund Check 100202-000, 8450 IBIS COURT FLEX TITLE COMPANY 720-0000-2020 13.58 10/9/2024 Refund Check 100202-000, 8450 IBIS COURT FLEX TITLE COMPANY 701-0000-2020 27.04 10/9/2024 Refund Check 100202-000, 8450 IBIS COURT FLEX TITLE COMPANY 700-0000-2020 1.11 10/9/2024 Refund Check 100202-000, 8450 IBIS COURT 54.62 10/9/2024 FLEX TITLE COMPANY 54.62 FLOM DENNIS & MARCIA 701-0000-2020 8.38 10/9/2024 Refund Check 020773-000, 7978 AUTUMN RIDGE WAY FLOM DENNIS & MARCIA 700-0000-2020 0.47 10/9/2024 Refund Check 020773-000, 7978 AUTUMN RIDGE WAY FLOM DENNIS & MARCIA 720-0000-2020 1.50 10/9/2024 Refund Check 020773-000, 7978 AUTUMN RIDGE WAY FLOM DENNIS & MARCIA 700-0000-2020 6.34 10/9/2024 Refund Check 020773-000, 7978 AUTUMN RIDGE WAY 16.69 10/9/2024 FLOM DENNIS & MARCIA 16.69 Gary John Anderson Landscaping, Inc 101-0000-2073 500.00 10/17/2024 Erosion escrow 7334 Paisley Court #627283 500.00 10/17/2024 Gary John Anderson Landscaping, Inc 500.00 Geyen Jason & Rachel 101-0000-2073 500.00 10/17/2024 Erosion escrow 2154 Stone Creek Drive #618672 500.00 10/17/2024 Geyen Jason & Rachel 500.00 AP - Check Detail (10/18/2024)Page 11 of 32 133 Last Name Acct 1 Amount Check Date Description Go Gymnastics 101-1538-4343 668.25 10/10/2024 Fall Littles Go Gymnastics 101-1537-4343 1,380.00 10/10/2024 Fall Mini Tiny & Mightys 2,048.25 10/10/2024 Go Gymnastics 2,048.25 GOODMAN NATASHA 720-0000-2020 2.50 10/9/2024 Refund Check 102749-000, 724 MAGGIE WAY GOODMAN NATASHA 700-0000-2020 0.79 10/9/2024 Refund Check 102749-000, 724 MAGGIE WAY GOODMAN NATASHA 700-0000-2020 10.68 10/9/2024 Refund Check 102749-000, 724 MAGGIE WAY GOODMAN NATASHA 701-0000-2020 14.10 10/9/2024 Refund Check 102749-000, 724 MAGGIE WAY 28.07 10/9/2024 GOODMAN NATASHA 28.07 GOPHER STATE ONE-CALL INC 701-0000-4300 416.47 10/17/2024 Utility locates-September 2024 GOPHER STATE ONE-CALL INC 700-0000-4300 416.48 10/17/2024 Utility locates-September 2024 832.95 10/17/2024 GOPHER STATE ONE-CALL INC 832.95 GRANICUS INC 101-1125-4222 13,684.23 10/17/2024 Website annual renewal GRANICUS INC 101-1125-4221 10,558.10 10/17/2024 Peak Agenda Mangement Annual Renewal GRANICUS INC 101-1420-4300 3,417.75 10/17/2024 short term rental program software 27,660.08 10/17/2024 GRANICUS INC 27,660.08 GREAT NORTH TITLE 701-0000-2020 36.69 10/9/2024 Refund Check 103513-000, 731 WEST 96TH STREET GREAT NORTH TITLE 720-0000-2020 10.27 10/9/2024 Refund Check 103513-000, 731 WEST 96TH STREET 46.96 10/9/2024 GREAT NORTH TITLE 46.96 AP - Check Detail (10/18/2024)Page 12 of 32 134 Last Name Acct 1 Amount Check Date Description Guard Guys, LLC 101-1120-4352 55.90 10/10/2024 September Background Checks 55.90 10/10/2024 Guard Guys, LLC 101-1120-4352 255.00 10/17/2024 DOT 5 Panel Drug Test Guard Guys, LLC 101-1120-4352 657.00 10/17/2024 DOT 5 Panel Drug Test 912.00 10/17/2024 Guard Guys, LLC 967.90 HAAKENSTAD PETER & LILYAN 720-0000-2020 8.46 10/9/2024 Refund Check 014712-000, 830 LAKE SUSAN HLS DR HAAKENSTAD PETER & LILYAN 700-0000-2020 17.16 10/9/2024 Refund Check 014712-000, 830 LAKE SUSAN HLS DR HAAKENSTAD PETER & LILYAN 701-0000-2020 6.02 10/9/2024 Refund Check 014712-000, 830 LAKE SUSAN HLS DR HAAKENSTAD PETER & LILYAN 700-0000-2020 0.69 10/9/2024 Refund Check 014712-000, 830 LAKE SUSAN HLS DR 32.33 10/9/2024 HAAKENSTAD PETER & LILYAN 32.33 HAWKINS CHEMICAL 700-7019-4160 7,091.66 10/17/2024 east water treatment plant chemicals 7,091.66 10/17/2024 HAWKINS CHEMICAL 7,091.66 Health Strategies 101-1220-4352 243.00 10/17/2024 Annual medical screening 243.00 10/17/2024 Health Strategies 243.00 HealthPartners, Inc.720-0000-2012 1,461.66 10/17/2024 Health Insurance-November 2024 HealthPartners, Inc.101-0000-2012 2,192.49 10/17/2024 Health Insurance-November 2024 HealthPartners, Inc.700-0000-2012 6,392.71 10/17/2024 Health Insurance-November 2024 HealthPartners, Inc.101-0000-2012 47,488.74 10/17/2024 Health Insurance-November 2024 HealthPartners, Inc.101-0000-2012 1,826.49 10/17/2024 Health Insurance-November 2024 HealthPartners, Inc.101-0000-2013 227.76 10/17/2024 Dental Insurance-November 2024 HealthPartners, Inc.701-0000-2013 318.86 10/17/2024 Dental Insurance-November 2024 AP - Check Detail (10/18/2024)Page 13 of 32 135 Last Name Acct 1 Amount Check Date Description HealthPartners, Inc.101-0000-2013 3,643.78 10/17/2024 Dental Insurance-November 2024 HealthPartners, Inc.701-0000-2012 2,739.74 10/17/2024 Health Insurance-November 2024 HealthPartners, Inc.700-0000-2012 1,461.67 10/17/2024 Health Insurance-November 2024 HealthPartners, Inc.720-0000-2013 91.08 10/17/2024 Dental Insurance-November 2024 HealthPartners, Inc.701-0000-2012 1,461.65 10/17/2024 Health Insurance-November 2024 HealthPartners, Inc.700-0000-2013 364.40 10/17/2024 Dental Insurance-November 2024 HealthPartners, Inc.101-0000-2012 25,579.05 10/17/2024 Health Insurance-November 2024 95,250.08 10/17/2024 HealthPartners, Inc. 95,250.08 HERMAN'S LANDSCAPE SUPPLIES INC 101-1550-4150 382.00 10/10/2024 Pulverized Dirt (Restock) 382.00 10/10/2024 HERMAN'S LANDSCAPE SUPPLIES INC 101-1550-4150 382.00 10/17/2024 Pulverized Dirt (Restock) 382.00 10/17/2024 HERMAN'S LANDSCAPE SUPPLIES INC 764.00 HIMMERICK ROBERT & JESSICA 700-0000-2020 0.82 10/9/2024 Refund Check 020703-000, 980 SADDLEBROOK CURVE HIMMERICK ROBERT & JESSICA 700-0000-2020 13.70 10/9/2024 Refund Check 020703-000, 980 SADDLEBROOK CURVE HIMMERICK ROBERT & JESSICA 720-0000-2020 10.11 10/9/2024 Refund Check 020703-000, 980 SADDLEBROOK CURVE HIMMERICK ROBERT & JESSICA 701-0000-2020 21.81 10/9/2024 Refund Check 020703-000, 980 SADDLEBROOK CURVE 46.44 10/9/2024 HIMMERICK ROBERT & JESSICA 46.44 Holton Electric Contractors LLC 700-7019-4510 1,518.21 10/10/2024 damage to fill station wires 1,518.21 10/10/2024 Holton Electric Contractors LLC 1,518.21 Hydra Power Hydraulics Inc 101-1320-4120 250.58 10/17/2024 cylinder seal kits AP - Check Detail (10/18/2024)Page 14 of 32 136 Last Name Acct 1 Amount Check Date Description 250.58 10/17/2024 Hydra Power Hydraulics Inc 250.58 INDEPENDENT SCHOOL DIST 112 101-1530-4322 766.19 10/17/2024 July-Sep 2024 INDEPENDENT SCHOOL DIST 112 101-1530-4320 8,354.75 10/17/2024 July-Sep 2024 INDEPENDENT SCHOOL DIST 112 101-1530-4321 1,877.07 10/17/2024 July-Sep 2024 10,998.01 10/17/2024 INDEPENDENT SCHOOL DIST 112 10,998.01 Indoor Landscapes Inc 101-1170-4300 187.00 10/17/2024 Plant maintenance-October 187.00 10/17/2024 Indoor Landscapes Inc 187.00 Innovative Office Solutions LLC 101-1120-4110 76.65 10/17/2024 Office Supplies 76.65 10/17/2024 Innovative Office Solutions LLC 76.65 Interstate All Battery Center 700-0000-4120 56.20 10/17/2024 Batteries 56.20 10/17/2024 Interstate All Battery Center 56.20 JANSKI MICHAEL & SHANA 720-0000-2020 4.03 10/9/2024 Refund Check 104741-000, 2739 CENTURY TRAIL JANSKI MICHAEL & SHANA 700-0000-2020 13.30 10/9/2024 Refund Check 104741-000, 2739 CENTURY TRAIL JANSKI MICHAEL & SHANA 700-0000-2020 2.53 10/9/2024 Refund Check 104741-000, 2739 CENTURY TRAIL JANSKI MICHAEL & SHANA 701-0000-2020 39.29 10/9/2024 Refund Check 104741-000, 2739 CENTURY TRAIL 59.15 10/9/2024 AP - Check Detail (10/18/2024)Page 15 of 32 137 Last Name Acct 1 Amount Check Date Description JANSKI MICHAEL & SHANA 59.15 Jeske Rachel 101-1420-4360 101.00 10/16/2024 APA Membership 101.00 10/16/2024 Jeske Rachel 101.00 Kraus-Anderson Construction Company 101-1110-4375 540.00 10/10/2024 Yard Signs 540.00 10/10/2024 Kraus-Anderson Construction Company 540.00 KWECH TAYSHA & MATTHEW 700-0000-2020 0.20 10/9/2024 Refund Check 099840-000, 8607 FLAMINGO DRIVE KWECH TAYSHA & MATTHEW 701-0000-2020 7.11 10/9/2024 Refund Check 099840-000, 8607 FLAMINGO DRIVE KWECH TAYSHA & MATTHEW 700-0000-2020 4.63 10/9/2024 Refund Check 099840-000, 8607 FLAMINGO DRIVE KWECH TAYSHA & MATTHEW 720-0000-2020 2.48 10/9/2024 Refund Check 099840-000, 8607 FLAMINGO DRIVE 14.42 10/9/2024 KWECH TAYSHA & MATTHEW 14.42 LEAGUE OF MINNESOTA CITIES 101-1130-4370 30.00 10/10/2024 LMC Fall Forums - K Grinnell 30.00 10/10/2024 LEAGUE OF MINNESOTA CITIES 30.00 LEPLATT ELIZABETH 700-0000-2020 18.14 10/9/2024 Refund Check 009200-000, 7012 CHEYENNE TRAIL LEPLATT ELIZABETH 701-0000-2020 19.53 10/9/2024 Refund Check 009200-000, 7012 CHEYENNE TRAIL LEPLATT ELIZABETH 700-0000-2020 0.56 10/9/2024 Refund Check 009200-000, 7012 CHEYENNE TRAIL LEPLATT ELIZABETH 720-0000-2020 6.81 10/9/2024 Refund Check 009200-000, 7012 CHEYENNE TRAIL 45.04 10/9/2024 AP - Check Detail (10/18/2024)Page 16 of 32 138 Last Name Acct 1 Amount Check Date Description LEPLATT ELIZABETH 45.04 Lockridge Grindal Nauen P.L.L.P 101-1110-4312 3,333.33 10/17/2024 Lobbying services-October 2024 3,333.33 10/17/2024 Lockridge Grindal Nauen P.L.L.P 3,333.33 LYMAN LUMBER 101-1550-4150 730.90 10/17/2024 Lake Ann dugout roof construction 730.90 10/17/2024 LYMAN LUMBER 730.90 Maass Eric 101-1420-4370 3,150.00 10/16/2024 Training registration for myself Rachel A and Rachel J 3,150.00 10/16/2024 Maass Eric 3,150.00 MALARET SUSAN 700-0000-2020 95.02 10/9/2024 Refund Check 099397-000, 6965 LAKE HARRISON CIRCLE MALARET SUSAN 720-0000-2020 13.22 10/9/2024 Refund Check 099397-000, 6965 LAKE HARRISON CIRCLE MALARET SUSAN 700-0000-2020 1.08 10/9/2024 Refund Check 099397-000, 6965 LAKE HARRISON CIRCLE MALARET SUSAN 701-0000-2020 6.56 10/9/2024 Refund Check 099397-000, 6965 LAKE HARRISON CIRCLE 115.88 10/9/2024 MALARET SUSAN 115.88 Marco Inc 701-0000-4410 101.00 10/16/2024 Copier Lease Marco Inc 700-0000-4410 101.00 10/16/2024 Copier Lease Marco Inc 101-1170-4410 757.50 10/16/2024 Copier Lease Marco Inc 720-0000-4410 50.50 10/16/2024 Copier Lease 1,010.00 10/16/2024 AP - Check Detail (10/18/2024)Page 17 of 32 139 Last Name Acct 1 Amount Check Date Description Marco Inc 1,010.00 Master Electric Co. Inc.701-0000-4551 1,700.00 10/17/2024 ARC flash study LS30 Master Electric Co. Inc.701-0000-4551 1,700.00 10/17/2024 ARC flash study LS 9 3,400.00 10/17/2024 Master Electric Co. Inc. 3,400.00 MAUREN MICHELLE LAWS 700-0000-2020 3.56 10/9/2024 Refund Check 100539-000, 745 CROSSROADS COURT MAUREN MICHELLE LAWS 701-0000-2020 3.97 10/9/2024 Refund Check 100539-000, 745 CROSSROADS COURT MAUREN MICHELLE LAWS 720-0000-2020 6.49 10/9/2024 Refund Check 100539-000, 745 CROSSROADS COURT MAUREN MICHELLE LAWS 700-0000-2020 0.94 10/9/2024 Refund Check 100539-000, 745 CROSSROADS COURT 14.96 10/9/2024 MAUREN MICHELLE LAWS 14.96 McGovern Ashley 101-1130-4381 272.46 10/9/2024 MNGFOA-Arrowwood Resort McGovern Ashley 101-1130-4381 158.12 10/9/2024 MNGFOA-Mileage 430.58 10/9/2024 McGovern Ashley 430.58 MERLINS ACE HARDWARE 700-7043-4150 70.96 10/17/2024 Long Nose Lock Pliers Plier Groove Lock straight valv MERLINS ACE HARDWARE 700-0000-4150 50.96 10/17/2024 Contractor Bag Cable Tie Battery MERLINS ACE HARDWARE 700-0000-4550 14.97 10/17/2024 Bushing 40 PVC MERLINS ACE HARDWARE 101-1550-4510 38.72 10/17/2024 Anchor Drill Bit Corner Brace MERLINS ACE HARDWARE 101-1550-4150 83.53 10/17/2024 Eyebolt Spraypaint Clear Tube Strap Oil MERLINS ACE HARDWARE 101-1550-4120 131.36 10/17/2024 Tape Measure Cutting Pliers Duct tape Paint MERLINS ACE HARDWARE 701-0000-4150 41.97 10/17/2024 Crack Seal Caulk Battery 432.47 10/17/2024 MERLINS ACE HARDWARE 432.47 Metronet Holdings, LLC 700-7043-4310 56.31 10/9/2024 Telephone & Communication Charges AP - Check Detail (10/18/2024)Page 18 of 32 140 Last Name Acct 1 Amount Check Date Description 56.31 10/9/2024 Metronet Holdings, LLC 56.31 METROPOLITAN COUNCIL 701-0000-4509 230,855.78 10/17/2024 Wastewater services-November 2024 230,855.78 10/17/2024 METROPOLITAN COUNCIL 230,855.78 Metropolitan Council, Env Svcs 701-0000-2023 2,485.00 10/10/2024 September 2024 SAC Metropolitan Council, Env Svcs 101-1250-3816 -24.85 10/10/2024 September 2024 SAC 2,460.15 10/10/2024 Metropolitan Council, Env Svcs 2,460.15 Midwest Aqua Care, Inc 101-1550-4300 890.00 10/17/2024 Lake Treatments - Minnewashta (Round House Beach) 890.00 10/17/2024 Midwest Aqua Care, Inc 890.00 MINNESOTA DEPARTMENT OF COMMERCE 700-0000-2020 43.81 10/16/2024 Unclaimed Property MINNESOTA DEPARTMENT OF COMMERCE 720-0000-2020 65.76 10/16/2024 Unclaimed Property MINNESOTA DEPARTMENT OF COMMERCE 101-0000-2033 8.00 10/16/2024 Unclaimed Property MINNESOTA DEPARTMENT OF COMMERCE 400-0000-3613 4.90 10/16/2024 Unclaimed Property MINNESOTA DEPARTMENT OF COMMERCE 701-0000-2020 162.30 10/16/2024 Unclaimed Property 284.77 10/16/2024 MINNESOTA DEPARTMENT OF COMMERCE 284.77 MINNESOTA PETROLEUM SERVICE INC 101-1370-4510 83.01 10/17/2024 fuel pump reset switch 83.01 10/17/2024 AP - Check Detail (10/18/2024)Page 19 of 32 141 Last Name Acct 1 Amount Check Date Description MINNESOTA PETROLEUM SERVICE INC 83.01 Minnesota Rusco Inc 101-0000-2022 8.95 10/10/2024 Permit Overpayment-760 Ponderosa Dr 8.95 10/10/2024 Minnesota Rusco Inc 8.95 MN DEPT OF LABOR AND INDUSTRY 101-1250-3818 -61.32 10/10/2024 September 2024 Surcharge MN DEPT OF LABOR AND INDUSTRY 101-0000-2022 3,065.77 10/10/2024 September 2024 Surcharge 3,004.45 10/10/2024 MN DEPT OF LABOR AND INDUSTRY 700-7043-4510 10.00 10/17/2024 west water treatment plant boiler 10.00 10/17/2024 MN DEPT OF LABOR AND INDUSTRY 3,014.45 MN DEPT OF NATURAL RESOURCES 101-1550-4130 136.97 10/10/2024 Replacement Signs For DNR Grants 136.97 10/10/2024 MN DEPT OF NATURAL RESOURCES 136.97 MN DEPT OF TRANSPORTATION 601-6040-4300 439.58 10/10/2024 State Aid Galpin Blvd -City @25% MN DEPT OF TRANSPORTATION 601-6140-4300 1,318.74 10/10/2024 State Aid Galpin Blvd -County @75% 1,758.32 10/10/2024 MN DEPT OF TRANSPORTATION 1,758.32 MN Plumbing & Home Service Inc 101-0000-2033 80.25 10/10/2024 Overpayment - 2024-02789 - 2020 Edgewood Ct 80.25 10/10/2024 AP - Check Detail (10/18/2024)Page 20 of 32 142 Last Name Acct 1 Amount Check Date Description MN Plumbing & Home Service Inc 80.25 MN VALLEY ELECTRIC COOP 101-1350-4320 245.60 10/16/2024 Electric Charges 245.60 10/16/2024 MN VALLEY ELECTRIC COOP 245.60 Morrissey Dennis 101-1766-4341 117.44 10/10/2024 End of The Summer Softball Umpire Payment 117.44 10/10/2024 Morrissey Dennis 117.44 NAPA AUTO & TRUCK PARTS 101-1320-4140 217.80 10/17/2024 Belt Tensioner Assembly NAPA AUTO & TRUCK PARTS 701-0000-4140 539.93 10/17/2024 302 Brake Pad Service Rotors Wheel Seals NAPA AUTO & TRUCK PARTS 101-1220-4120 -54.30 10/17/2024 Chargers NAPA AUTO & TRUCK PARTS 701-0000-4140 -30.84 10/17/2024 Oil Seal NAPA AUTO & TRUCK PARTS 101-1320-4120 -11.83 10/17/2024 Coolant Filter 660.76 10/17/2024 NAPA AUTO & TRUCK PARTS 660.76 NOVEL SOLAR THREE, LLC 701-0000-4320 3,567.00 10/9/2024 Electric Charges NOVEL SOLAR THREE, LLC 700-0000-4320 6,664.92 10/9/2024 Electric Charges NOVEL SOLAR THREE, LLC 101-1350-4320 135.33 10/9/2024 Electric Charges 10,367.25 10/9/2024 NOVEL SOLAR THREE, LLC 10,367.25 NvoicePay 101-1130-4300 749.94 10/17/2024 Payment processing-September 749.94 10/17/2024 AP - Check Detail (10/18/2024)Page 21 of 32 143 Last Name Acct 1 Amount Check Date Description NvoicePay 749.94 NYSTROM PUBLISHING COMPANY INC 101-1120-4340 3,946.67 10/17/2024 Chan Bluffs Vote Mailer 3,946.67 10/17/2024 NYSTROM PUBLISHING COMPANY INC 3,946.67 Olivine Yoga LLC Val Roder /101-1560-4343 150.00 10/10/2024 Sept Class instructor fee 150.00 10/10/2024 Olivine Yoga LLC Val Roder / 150.00 OnStrategy 101-1120-4300 25,000.00 10/10/2024 Madison AI + Research Assistance + Staff Report 25,000.00 10/10/2024 OnStrategy 25,000.00 O'Reilly Automotive Inc 101-1320-4140 19.26 10/10/2024 Mini Bulb O'Reilly Automotive Inc 101-1550-4140 7.06 10/10/2024 TPMS SVC kit O'Reilly Automotive Inc 101-1550-4140 -7.06 10/10/2024 TPMS SVC Kit - Return O'Reilly Automotive Inc 101-1550-4140 55.21 10/10/2024 Brake Control 74.47 10/10/2024 O'Reilly Automotive Inc 74.47 Park Construction Co 700-6060-4751 204,304.53 10/16/2024 2024 Street Recon-Water Park Construction Co 601-6060-4751 225,368.57 10/16/2024 2024 Street Recon-PMP Park Construction Co 701-6060-4751 26,910.70 10/16/2024 2024 Street Recon-Sanitary Park Construction Co 720-6060-4751 10,710.30 10/16/2024 2024 Street Recon-Storm 467,294.10 10/16/2024 AP - Check Detail (10/18/2024)Page 22 of 32 144 Last Name Acct 1 Amount Check Date Description Park Construction Co 467,294.10 PASS AMBER 701-0000-2020 60.90 10/9/2024 Refund Check 104379-000, 3951 COUNTRY OAKS DR PASS AMBER 720-0000-2020 41.98 10/9/2024 Refund Check 104379-000, 3951 COUNTRY OAKS DR PASS AMBER 700-0000-2020 3.42 10/9/2024 Refund Check 104379-000, 3951 COUNTRY OAKS DR PASS AMBER 700-0000-2020 24.58 10/9/2024 Refund Check 104379-000, 3951 COUNTRY OAKS DR 130.88 10/9/2024 PASS AMBER 130.88 PATCHIN MESSNER 601-6057-4701 1,960.00 10/10/2024 Market Blvd - KA parcel 1,960.00 10/10/2024 PATCHIN MESSNER 1,960.00 Pedretti Christine Lea 101-1539-4343 1,150.50 10/17/2024 Fall Yoga Pilates Fusion Classes 1,150.50 10/17/2024 Pedretti Christine Lea 1,150.50 Pinnacle Pest Control 701-0000-4510 80.00 10/17/2024 pest control Pinnacle Pest Control 101-1530-4510 80.00 10/17/2024 pest control Pinnacle Pest Control 700-0000-4510 210.00 10/17/2024 pest control Pinnacle Pest Control 101-1550-4510 160.00 10/17/2024 pest control Pinnacle Pest Control 101-1170-4510 200.00 10/17/2024 pest control 730.00 10/17/2024 Pinnacle Pest Control 730.00 POMP'S TIRE SERVICE INC 101-1220-4140 1,280.04 10/10/2024 tires 1,280.04 10/10/2024 AP - Check Detail (10/18/2024)Page 23 of 32 145 Last Name Acct 1 Amount Check Date Description POMP'S TIRE SERVICE INC 1,280.04 POWER SYSTEMS 101-1550-4120 70.05 10/17/2024 hydraulic couplers 70.05 10/17/2024 POWER SYSTEMS 70.05 PRECISE MRM LLC 101-1320-4310 294.00 10/17/2024 AVL for plow trucks 294.00 10/17/2024 PRECISE MRM LLC 294.00 Precision Utilities 700-0000-4552 3,950.00 10/10/2024 407 cimarron circle curb stop repair Precision Utilities 700-0000-4552 5,332.50 10/10/2024 1160 Holly Lane curb stop repair 9,282.50 10/10/2024 Precision Utilities 9,282.50 Premium Waters, Inc 101-1550-4120 4.32 10/17/2024 Lake Ann Water 4.32 10/17/2024 Premium Waters, Inc 4.32 Rain for Rent 701-0000-4405 3,119.46 10/10/2024 FOG hauling box to landfill 3,119.46 10/10/2024 Rain for Rent 3,119.46 REACH FOR RESOURCES 101-1600-4348 505.78 10/17/2024 August 2024 inclusion services overage 505.78 10/17/2024 AP - Check Detail (10/18/2024)Page 24 of 32 146 Last Name Acct 1 Amount Check Date Description REACH FOR RESOURCES 505.78 RESULTS TITLE 700-0000-2020 8.80 10/9/2024 Refund Check 008145-000, 2163 BOULDER ROAD RESULTS TITLE 720-0000-2020 12.75 10/9/2024 Refund Check 008145-000, 2163 BOULDER ROAD RESULTS TITLE 700-0000-2020 1.04 10/9/2024 Refund Check 008145-000, 2163 BOULDER ROAD RESULTS TITLE 701-0000-2020 12.73 10/9/2024 Refund Check 008145-000, 2163 BOULDER ROAD 35.32 10/9/2024 RESULTS TITLE 35.32 Retka Thomas 101-1560-4345 450.00 10/9/2024 Octoberfest Band fee 450.00 10/9/2024 Retka Thomas 450.00 RG TITLE LLC 701-0000-2020 36.16 10/9/2024 Refund Check 015167-000, 2122 CLOVER COURT RG TITLE LLC 700-0000-2020 2.40 10/9/2024 Refund Check 015167-000, 2122 CLOVER COURT RG TITLE LLC 700-0000-2020 14.60 10/9/2024 Refund Check 015167-000, 2122 CLOVER COURT RG TITLE LLC 720-0000-2020 12.76 10/9/2024 Refund Check 015167-000, 2122 CLOVER COURT 65.92 10/9/2024 RG TITLE LLC 65.92 ROADKILL ANIMAL CONTROL 101-1320-4300 206.00 10/17/2024 Roadkill animal control 206.00 10/17/2024 ROADKILL ANIMAL CONTROL 206.00 Ryan Daniel 101-1220-4370 175.00 10/9/2024 FAA Drone Test 175.00 10/9/2024 AP - Check Detail (10/18/2024)Page 25 of 32 147 Last Name Acct 1 Amount Check Date Description Ryan Daniel 175.00 SABINSKE DEAN 101-1320-4360 75.00 10/16/2024 CDL renewal 75.00 10/16/2024 SABINSKE DEAN 75.00 Sarles Jodi 101-1560-4112 12.47 10/16/2024 Donuts for Coffee with the Cops - error with City Card 12.47 10/16/2024 Sarles Jodi 12.47 SCHULZ ROBERT & DEERAE 700-0000-2020 3.11 10/9/2024 Refund Check 099805-000, 8652 LAKE RILEY DRIVE SCHULZ ROBERT & DEERAE 700-0000-2020 1.13 10/9/2024 Refund Check 099805-000, 8652 LAKE RILEY DRIVE SCHULZ ROBERT & DEERAE 720-0000-2020 7.18 10/9/2024 Refund Check 099805-000, 8652 LAKE RILEY DRIVE SCHULZ ROBERT & DEERAE 701-0000-2020 14.00 10/9/2024 Refund Check 099805-000, 8652 LAKE RILEY DRIVE 25.42 10/9/2024 SCHULZ ROBERT & DEERAE 25.42 SCOTT NELSON COACHING INC 101-1220-4370 1,500.00 10/17/2024 Leadership coaching with officer group. 1,500.00 10/17/2024 SCOTT NELSON COACHING INC 1,500.00 Shadywood Tree Experts and Landscaping 601-6140-4751 2,753.44 10/10/2024 Galpin Tree Pruning County @ 75% Shadywood Tree Experts and Landscaping 601-6040-4751 604.92 10/10/2024 Galpin Tree Pruning City @ 25% Shadywood Tree Experts and Landscaping 601-6040-4751 1,056.87 10/10/2024 Galpin Tree Pruning City @ 25% Shadywood Tree Experts and Landscaping 601-6140-4751 1,814.77 10/10/2024 Galpin Tree Pruning County @ 75% Shadywood Tree Experts and Landscaping 601-6040-4751 917.81 10/10/2024 Galpin Tree Pruning City @ 25% Shadywood Tree Experts and Landscaping 601-6140-4751 3,170.63 10/10/2024 Galpin Tree Pruning County @ 75% 10,318.44 10/10/2024 AP - Check Detail (10/18/2024)Page 26 of 32 148 Last Name Acct 1 Amount Check Date Description Shadywood Tree Experts and Landscaping 10,318.44 SHERWIN WILLIAMS 101-1550-4150 60.54 10/10/2024 Aerosol Turf Paint (Restock) SHERWIN WILLIAMS 101-1320-4154 45.73 10/10/2024 5gal Strainer Elasti 106.27 10/10/2024 SHERWIN WILLIAMS 106.27 SIR LINES-A-LOT 101-1320-4543 11,362.40 10/17/2024 new crosswalks/stop bar traffic safety 11,362.40 10/17/2024 SIR LINES-A-LOT 11,362.40 SM HENTGES & SONS 700-0000-4552 29,602.44 10/17/2024 emergency watermain repair Galpin SM HENTGES & SONS 601-6040-4751 149,267.45 10/17/2024 Galpin Blvd-25% City - Road & Storm SM HENTGES & SONS 701-6040-4751 122,797.71 10/17/2024 Galpin Blvd-100% City - Sanitary SM HENTGES & SONS 700-6040-4751 173,428.16 10/17/2024 Galpin Blvd-100% City - Water SM HENTGES & SONS 601-6140-4751 763,706.22 10/17/2024 Galpin Blvd-75% County - Road & Storm 1,238,801.98 10/17/2024 SM HENTGES & SONS 1,238,801.98 Standard Spring-Truck Suspension Parts 101-1320-4140 2,203.96 10/17/2024 leaf springs 2,203.96 10/17/2024 Standard Spring-Truck Suspension Parts 2,203.96 STE MARIE MATTHEW & ROBIN 720-0000-2020 9.10 10/9/2024 Refund Check 098539-000, 7000 REDWING LANE STE MARIE MATTHEW & ROBIN 700-0000-2020 0.74 10/9/2024 Refund Check 098539-000, 7000 REDWING LANE STE MARIE MATTHEW & ROBIN 701-0000-2020 18.40 10/9/2024 Refund Check 098539-000, 7000 REDWING LANE STE MARIE MATTHEW & ROBIN 700-0000-2020 16.56 10/9/2024 Refund Check 098539-000, 7000 REDWING LANE 44.80 10/9/2024 AP - Check Detail (10/18/2024)Page 27 of 32 149 Last Name Acct 1 Amount Check Date Description STE MARIE MATTHEW & ROBIN 44.80 STEINKAMP TOM & KRIS 101-0000-2073 500.00 10/17/2024 Erosion escrow 1771 Pheasant Circle #607619 500.00 10/17/2024 STEINKAMP TOM & KRIS 500.00 STONE ARCH TITLE 701-0000-2020 64.49 10/9/2024 Refund Check 018175-000, 506 DEL RIO DRIVE STONE ARCH TITLE 700-0000-2020 32.95 10/9/2024 Refund Check 018175-000, 506 DEL RIO DRIVE STONE ARCH TITLE 720-0000-2020 15.92 10/9/2024 Refund Check 018175-000, 506 DEL RIO DRIVE STONE ARCH TITLE 700-0000-2020 1.30 10/9/2024 Refund Check 018175-000, 506 DEL RIO DRIVE 114.66 10/9/2024 STONE ARCH TITLE 114.66 SUMMIT FIRE PROTECTION 101-1190-4510 430.00 10/17/2024 fire panel service 430.00 10/17/2024 SUMMIT FIRE PROTECTION 430.00 SUSA Treasurer 700-0000-4370 75.00 10/16/2024 Utility Operations School 75.00 10/16/2024 SUSA Treasurer 75.00 Terry Miller Construction LLC 101-1250-3301 103.54 10/10/2024 Permit Cancelled - 7265 Hillsdale Ct 103.54 10/10/2024 Terry Miller Construction LLC 103.54 TFORCE FINAL MILE 101-1120-4300 137.43 10/10/2024 Courier services AP - Check Detail (10/18/2024)Page 28 of 32 150 Last Name Acct 1 Amount Check Date Description 137.43 10/10/2024 TFORCE FINAL MILE 137.43 The Deck & Door Co Inc 101-0000-2073 500.00 10/17/2024 Erosion escrow 410 Cimarron Cir #620851 500.00 10/17/2024 The Deck & Door Co Inc 500.00 THIES KENNETH A 101-1614-4345 675.00 10/9/2024 Halloween Party hayrides 675.00 10/9/2024 THIES KENNETH A 675.00 TimeSaver Off Site Secretarial, Inc 101-1125-4300 246.00 10/17/2024 Park and Rec Commission Minutes 246.00 10/17/2024 TimeSaver Off Site Secretarial, Inc 246.00 TITLESMART INC 700-0000-2020 15.54 10/9/2024 Refund Check 100758-000, 7917 AUTUMN RIDGE AVE TITLESMART INC 701-0000-2020 25.47 10/9/2024 Refund Check 100758-000, 7917 AUTUMN RIDGE AVE TITLESMART INC 720-0000-2020 1.87 10/9/2024 Refund Check 100758-000, 7917 AUTUMN RIDGE AVE TITLESMART INC 700-0000-2020 1.75 10/9/2024 Refund Check 100758-000, 7917 AUTUMN RIDGE AVE 44.63 10/9/2024 TITLESMART INC 44.63 TRADEMARK TITLE SERVICES 701-0000-2020 11.11 10/9/2024 Refund Check 006511-000, 8180 HIDDEN COURT TRADEMARK TITLE SERVICES 700-0000-2020 0.42 10/9/2024 Refund Check 006511-000, 8180 HIDDEN COURT TRADEMARK TITLE SERVICES 700-0000-2020 6.97 10/9/2024 Refund Check 006511-000, 8180 HIDDEN COURT TRADEMARK TITLE SERVICES 720-0000-2020 6.47 10/9/2024 Refund Check 006511-000, 8180 HIDDEN COURT AP - Check Detail (10/18/2024)Page 29 of 32 151 Last Name Acct 1 Amount Check Date Description 24.97 10/9/2024 TRADEMARK TITLE SERVICES 24.97 TRAFFIC CONTROL CORPORATION 101-1350-4120 1,050.00 10/17/2024 traffic cabinet supplies 1,050.00 10/17/2024 TRAFFIC CONTROL CORPORATION 1,050.00 TruGreen Processing Center 101-1550-4300 1,807.00 10/10/2024 Contractor Fertilizer application 1,807.00 10/10/2024 TruGreen Processing Center 1,807.00 TWIN CITY SEED CO.101-1550-4150 1,500.00 10/10/2024 Pellet Mulch (Restock) 1,500.00 10/10/2024 TWIN CITY SEED CO. 1,500.00 VAN HAAFTEN ROGER & NORMA 720-0000-2020 4.50 10/9/2024 Refund Check 015176-000, 2102 CLOVER COURT VAN HAAFTEN ROGER & NORMA 700-0000-2020 0.94 10/9/2024 Refund Check 015176-000, 2102 CLOVER COURT VAN HAAFTEN ROGER & NORMA 701-0000-2020 24.36 10/9/2024 Refund Check 015176-000, 2102 CLOVER COURT VAN HAAFTEN ROGER & NORMA 700-0000-2020 34.50 10/9/2024 Refund Check 015176-000, 2102 CLOVER COURT 64.30 10/9/2024 VAN HAAFTEN ROGER & NORMA 64.30 Waste Management of Minnesota, Inc 700-0000-4329 18.81 10/17/2024 Garbage Service-October 2024 Waste Management of Minnesota, Inc 101-1550-4329 725.40 10/17/2024 Garbage Service-October 2024 Waste Management of Minnesota, Inc 101-1190-4329 360.59 10/17/2024 Garbage Service-October 2024 Waste Management of Minnesota, Inc 101-1220-4329 117.58 10/17/2024 Garbage service-October 2024 Waste Management of Minnesota, Inc 101-1170-4329 216.53 10/17/2024 Garbage Service-October 2024 Waste Management of Minnesota, Inc 101-1312-4329 150.53 10/17/2024 Garbage Service-October 2024 AP - Check Detail (10/18/2024)Page 30 of 32 152 Last Name Acct 1 Amount Check Date Description Waste Management of Minnesota, Inc 701-0000-4329 18.81 10/17/2024 Garbage Service-October 2024 Waste Management of Minnesota, Inc 720-7202-4329 99.27 10/17/2024 Garbage Service-October 2024 1,707.52 10/17/2024 Waste Management of Minnesota, Inc 1,707.52 Water Conservation Services, Inc.700-0000-4300 691.44 10/10/2024 water leaks locate 691.44 10/10/2024 Water Conservation Services, Inc. 691.44 WATERMARK TITLE AGENCY 700-0000-2020 1.31 10/9/2024 Refund Check 100388-000, 7974 AUTUMN RIDGE WAY WATERMARK TITLE AGENCY 720-0000-2020 3.49 10/9/2024 Refund Check 100388-000, 7974 AUTUMN RIDGE WAY WATERMARK TITLE AGENCY 701-0000-2020 23.36 10/9/2024 Refund Check 100388-000, 7974 AUTUMN RIDGE WAY WATERMARK TITLE AGENCY 700-0000-2020 17.69 10/9/2024 Refund Check 100388-000, 7974 AUTUMN RIDGE WAY WATERMARK TITLE AGENCY 700-0000-2020 0.80 10/9/2024 Refund Check 095601-000, 2565 HIGHCREST CIRCLE WATERMARK TITLE AGENCY 700-0000-2020 18.90 10/9/2024 Refund Check 095601-000, 2565 HIGHCREST CIRCLE WATERMARK TITLE AGENCY 720-0000-2020 9.76 10/9/2024 Refund Check 095601-000, 2565 HIGHCREST CIRCLE 75.31 10/9/2024 WATERMARK TITLE AGENCY 75.31 WINGERT JANET 720-0000-2020 14.34 10/9/2024 Refund Check 006220-000, 8048 ERIE SPUR WINGERT JANET 700-0000-2020 1.17 10/9/2024 Refund Check 006220-000, 8048 ERIE SPUR WINGERT JANET 701-0000-2020 15.03 10/9/2024 Refund Check 006220-000, 8048 ERIE SPUR WINGERT JANET 700-0000-2020 12.26 10/9/2024 Refund Check 006220-000, 8048 ERIE SPUR 42.80 10/9/2024 WINGERT JANET 42.80 WM MUELLER & SONS INC 101-1320-4157 302.76 10/10/2024 pothole patching WM MUELLER & SONS INC 720-7207-4150 112.00 10/10/2024 stormwater project WM MUELLER & SONS INC 101-1320-4157 612.48 10/10/2024 pothole patching WM MUELLER & SONS INC 101-1320-4157 308.85 10/10/2024 pothole patching AP - Check Detail (10/18/2024)Page 31 of 32 153 Last Name Acct 1 Amount Check Date Description 1,336.09 10/10/2024 WM MUELLER & SONS INC 101-1320-4150 280.00 10/17/2024 hauling out dirt from pw WM MUELLER & SONS INC 101-1320-4157 886.73 10/17/2024 pothole patching WM MUELLER & SONS INC 720-7207-4150 280.00 10/17/2024 storm water project WM MUELLER & SONS INC 720-7207-4150 224.00 10/17/2024 storm water repairs WM MUELLER & SONS INC 101-1320-4157 307.11 10/17/2024 pothole patching 1,977.84 10/17/2024 WM MUELLER & SONS INC 3,313.93 WSB & ASSOCIATES INC 720-0000-4300 4,968.00 10/17/2024 WCA Support Services WSB & ASSOCIATES INC 700-0000-4303 2,754.00 10/17/2024 EWTP Biological Water Treatment Pilot Study WSB & ASSOCIATES INC 720-0000-4300 1,105.75 10/17/2024 Water Resources Support Services WSB & ASSOCIATES INC 101-1311-4306 158.00 10/17/2024 GIS Support Services WSB & ASSOCIATES INC 414-4010-4303 92.00 10/17/2024 Boundary Topo Survey WSB & ASSOCIATES INC 414-4011-4303 92.00 10/17/2024 Boundary Topo Survey 9,169.75 10/17/2024 WSB & ASSOCIATES INC 9,169.75 Zakharenkau Raman 101-0000-2073 500.00 10/17/2024 Erosion escrow 1814 Valley Ridge Tr N #553073 500.00 10/17/2024 Zakharenkau Raman 500.00 2,354,968.67 AP - Check Detail (10/18/2024)Page 32 of 32 154 City Council Item October 28, 2024 Item Approve Agreement for the issuance of a building permit before demolition of an existing house at 3010 W 78th Street File No.Item No: E.5 Agenda Section CONSENT AGENDA Prepared By Eric Maass, Community Development Director Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council approves the agreement between Westwood Community Church and the City of Chanhassen for property located at 3010 W 78th Street." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY The attached agreement between the City and Westwood Community Church is related to allowing a second principal structure to be constructed on a single property prior to the existing principal structure being demolished. The city utilized this tool in 2022 when a new home was being constructed on a property located at 2961 Washta Bay Court which already had an existing home on it but the owners desired to build a new home and needed to live in the current home while the new one was being built. Staff proposes that the same tool be used to facilitate Hope House in constructing a new building while needing to occupy the current building. Westwood Community Church has provided an estimate for the cost to demolish the current property and the city as part of the agreement will require that Westwood Community Church provide a cash escrow of 110% of that cost to ensure the existing principal structure is demolished within ninety (90) days following issuance of a temporary Certificate of Occupancy for the new principal structure. 155 BACKGROUND DISCUSSION BUDGET RECOMMENDATION Staff recommends approval of the Agreement as presented. ATTACHMENTS Hope House Agreement 156 AGREEMENT AGREEMENT made this day of , 2024, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (“City”) and WESTWOOD COMMUNITY CHURCH (“Westwood”). WHEREAS, Westwood owns a home on certain real property (the “Subject Property”) located in the City, which is unplatted and identified as PID 25-0093-200; and WHEREAS, Westwood desires to construct a new principal structure (“New Principal Structure”) on the Subject Property which already has an existing principal structure (“Existing Principal Structure” where City Code does not allow for two principal structures to be located on a singular property unless through a Planned Unit Development (PUD) zoning designation; and WHEREAS, Westwood intends to demolish the Existing Principal Structure upon completion of the New Principal Structure, and WHEREAS, the City is not required to issue Westwood a building permit for the New Principal Structure until the Existing Principal Structure has been demolished; and WHEREAS; The City is willing to issue Westwood a building permit and allow them to begin construction on the New Principal Structure without first demolishing the Existing Principal Structure; and NOW, THEREFORE; on the basis of the mutual covenants and agreements herein provided, it is hereby agreed by and between the parties hereto as follows: 1. Issuance of a Building Permit: Provided the New Principal Structure proposed by Westwood meets all of the conditions for issuance of a building permit, as determined by the City, and complies with the terms of this MOU, the City agrees to issue to Westwood a building permit for the New Principal Structure to be located on the Subject Property. 2. Demolition: Westwood shall apply for and secure a demolition permit for the Existing Principal Structure before the City will issue a permanent Certificate of Occupancy for the New Principal Structure. Westwood shall demolish and remove the Existing Principal Structure within ninety (90) days of issuance of a Temporary Certificate of Occupancy for the New Principal Structure. 3. Costs: The costs of the demolition shall be borne entirely by Westwood. Westwood shall provide the City with an escrow for 110 percent of the cost for demolition stated in the estimate set forth on Exhibit A. This amount shall be held in escrow until the New Principal Structure 157 construction and demolition of the Existing Principal Structure is complete. In the event Westwood does not secure the demolition of the Existing Principal Structure within the above described time frame, Westwood grants a license to the City entering the arranging for the demolition of the Existing Principal Structure as soon as reasonably practical. Westwood shall pay for all of the City’s expenses incurred in the demolition of the Existing Home; provided, however, that if any portion of said costs exceed the amount in escrow and be outstanding more than thirty (30) days after mailing of an itemized statement for the costs to Westwood, the deficiency shall be certified by the City Clerk to the County Auditor for the entry on the tax rolls of the County as a special assessment against the Subject Property. Westwood does hereby agree to waive any and all procedural or substantive objections to any assessments against the Subject Property concerning the costs of demolition, including but not limited to the Notice and Hearing requirements, and any claim that the assessments exceed the benefit to the Subject Property. Westwood waives any appeal rights otherwise available pursuant to law or equity. 4. Release: Westwood for itself, its heirs, successors and assigns, hereby forever extinguishes, releases and discharges the City and any of its elected or appointed officials, employees, attorneys, agents, indemnitors, representatives, insurers and assigns, of and from any and all claims, demands, obligations, actions or causes of action, at law or in equity, which arise from the City’s issuance of the building permit as stated in this Agreement, the demolition of the Existing Principal Structure or from the construction of the New Principal Structure on the Subject Property, whether arising by statute, common law or otherwise, and for all claims for damages, of whatever kind or nature, and for all claims for attorney fees, costs and expenses. 5. Indemnification: Westwood, for itself, its heirs, successors, and assigns, hereby agree to defend, indemnify, keep and hold the City and any of its elected and appointed officials, employees, attorneys, agents, indemnitors, representatives, insurers and assigns, harmless from any and all past, present or future claims, demands, obligations, actions or causes of action, at law or in equity, which arise from the City’s issuance of the building permit, demolition of the Existing Principal Structure or from the construction of the New Principal Structure on the Subject Property, whether arising by statute, common law or otherwise, and for all claims for damages, of whatever kind or nature, and for all claims for attorney fees, costs and expenses. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. 158 CITY OF CHANHASSEN BY: Elise Ryan, Mayor AND: Laurie Hokkanen, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2022 by Elise Ryan and Laurie Hokkanen, the Mayor and City Manager respective of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public (Notary Seal) By: ______________________________ Its: ______________________________ STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2024, by ________________________, the ____________________ representing Westwood Community Church, a ____________________, on behalf of the ___________________ and pursuant to the authority granted by its ________________. Notary Public 159 Exhibit A Bid for demolition and escrow amount to be added upon receipt of demolition bid. 160 City Council Item October 28, 2024 Item Authorization of Contract for the Rooftop Solar Project on the proposed new City Hall File No.23-10 Item No: E.6 Agenda Section CONSENT AGENDA Prepared By Charlie Howley, Director of Public Works/City Engineer Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council authorizes entering into a contract with Ideal Energies, LLC, for design and construction services related to the rooftop solar project for the proposed new City Hall." Motion Type Simple Majority Vote of members present Strategic Priority Financial Sustainability SUMMARY This item is to consider awarding a design and construction contract with a commercial solar contractor (Ideal Energies, LLC.) for the potential addition of rooftop solar panels over a portion of the proposed new city hall roof. This project is not a solar garden, the energy created would be used by the facility directly. BACKGROUND The proposed new City Hall was designed to accommodate a potential "future rooftop solar panel system". The Minnesota Department of Commerce has a grant program entitled "Minnesota Solar on Public Buildings Program". This program is a two-step process, where Step 1 is a Readiness Assessment, and to those that pass that step, move onto Step 2 which is the Full Grant Application. 161 The city engaged the services of Energy Management Solutions, Inc. (EMS) to help guide us through the grant process. The city was successful in passing the Step 1 Readiness Assessment of the grant program. EMS prepared a Request For Proposals (RFP) and sent out to qualified commercial solar contractors on August 26, 2024. Three proposals were received on September 9, 2024. EMS reviewed the proposals and summarized them in the attached Bid Tabulation. The Step 2 Full Grant Application was submitted on September 23, 2024. We received a notice of the successful grant award on October 21, 2024. DISCUSSION Based on EMS's review, Ideal Energies, LLC, is being recommended for award of the contract. BUDGET The grant is a 50% award of project costs, up to a maximum of $60,000. Beyond that there is a direct pay federal tax credit we will be eligible for (IRA) which covers an additional 30% of the costs, and a potential for an additional 10% if 40% of the products used are of domestic content. The Contract fee for Ideal Energies is $103,090. EMS's fee is $2,900 and can be considered a project cost for the purposes of the grant. Per the Cash Purchase table in Exhibit A of their proposal, the costs break down like this: Year 0 City Cost $51,545, with the Solar Grant covering the other half Year 1 City receives Federal Tax Direct Pay Credit of $30,927, and expenses are limited to insurance/utility fees/O&M costs of $900. Years 2-30 City expenses are limited to insurance/utility fees/O&M which increase to a Year 30 estimate of $2,272. Meanwhile beginning in Year 1, our electric bill savings are $7,382, which then increase annually to approximately $17,310 in Year 30. The end result is an estimated savings of $277,243 over the 30-year period. Additionally, we will be looking into the possibility of getting some of the new City Hall building costs included in the eligible project costs for the Direct Pay Federal Grant. Eligible costs could potentially include the cost of a portion of the roof and all electrical components included to make the building "solar ready". These costs will be looked into as part of the Ideal Energy final design and grant reporting. The only costs the city is responsible for is EMS's fee. RECOMMENDATION City staff supports awarding the contract to Ideal Energies for the new City Hall Solar Project. ATTACHMENTS 162 Chanhassen Bid Tabulation Form 9-11-24 Ideal Energies Proposal Ideal Energies Company Info SPB Grant Notification - Chanhassen_2024-10-21 Solar Contracts - City of Chanhassen - City Hall 163 City Of Chanhassen Solar Project Summary Report 9/12/2024 Fire Station 2 $/kWh Ideal Energy 0.0114$ Recommended Award Cedar Creek 0.0176$ Solarpod 0.0119$ Energy Management Solutions recommends Chanhassen select the low analyzed bid in Orange. EMS analyzed the following factors to determine the overall Life cost of the solar projects: 1. Project Cost 2. Solar Panel Efficiency 3. Inverter Efficiency 4. Degradation Rate of Panel 5. Energy Output Over 30 years 6. Grants Available for Project 7. kW AC of Project Other Factors considered were Helioscope results, monitoring, references, kW AC output and proposal completeness. Analysis Completed by: Gary A. Swanson, PE President Energy Management Solutions, Inc. (612) 819-7975 gswanson@emsenergy.com 164 Vendor 1 Vendor 2 Vendor 3 Cedar Creek Ideal Energy Solarpod Total 118,440.00$ 103,090.00$ 106,316.00$ Net Price After Grants 23,688.00$ 20,618.00$ 21,263.20$ $/kWh (30 Years)0.017608$ 0.011356$ 0.011927$ Savings Over 30 Years 360,158.80$ 385,514.14$ 377,557.58$ Alternative 1 to increase monitoring to 5 years $0 Included 2,655.00$ -$ Alternative 2 to extend inverters to 20 Years 1,500.00$ 450.00$ 1,100.00$ Alternative 3 to increase electrical to handle 80 kW AC in the future N/A none None Grant Application Fee- Please provide price to only submit Final Grant to State. City would like to do this so there is time to get final approval from the City Council. If the project is awarded to Vendor, this cost will be included in the total price. -$ 4,023.00$ 1,500.00$ Verify EMS Recommendation AC (kW)36 40 40 DC (kW)53.9 59.95 59.95 $/Watt 0.47$ 0.46$ 0.63$ kWh 62,209 67,444 65,367 Watts/Panel 580 545 550 Shading -4.8 -2.9 kWAC/kWDC 0.67 0.67 0.67 kWh/kW DC 1.154 1.125 1.090 kWh/kW AC 1.728 1.686 1.634 Eff Panel 22.45%21.10%21.29% Degradation 87.40%84.50%84.80% 1%/.4%2%/.45%2%/.5% Inverter CPS Solar Edge Fronious Inverter Eff 97.40%98.50%98.00% Prevailing Wages yes yes YES Verify Xcel UL Approval? Yes ???YES UL1703/UL61730/Verify 30 Year kWh Estimated - No Modeling 10 Year O&M Domestic Content? No No No Solar Panel Jinko JA Solar SEG # of Panels 93 110 109 Inverter Warranty 10 12 10 Inverter Eff (CEC)97.4%98.5%96.5% Upfront cost for 80 kW front end? N/A N/A N/A Performance 30 30 25 Warranty labor and Equip #REF!Equipment only 10 Yr Labor and Equipment Panel Warranty 30 30 25 Weight 68.34 70.1 59.4 Type TopCon Bifacial Mono PERC PERC-bifacial Weight/SF 8 6 4.3 Domestic Content? No no no Completion Date 05/01/25 07/14/25 05/10/25 State Grant 59,220.00$ 51,545.00$ 53,158.00$ Fed Grant %30%30%30% Fed Grant 28,449.00$ 30,927.00$ 31,894.80$ Net Cost 30,771.00$ 20,618.00$ 21,263.20$ $/kWh 0.01761$ 0.01136$ 0.01193$ Closest to Zero Not Included Modeling Estimated Savings (30 Years) 360,158.80$ 385,514.14$ 377,557.58$ Need to check Modeling as correct. -$ EMS Estimated Production (kWh) 62,062 65,543 64,790 Vendor's Production (kWh)Company Guara 62,209 67,444 65,367 1 62,062 65,543 64,790 ESt 73934.4 0.13 7,776 2 61,441 64,232 63,494 0.13 7,913 3 61,195 63,943 63,177 0.14 8,178 0.1305 4 60,951 63,655 62,861 0.14 8,452 2 5 60,707 63,369 62,547 0.15 8,734 100 6 60,464 63,084 62,234 0.15 9,024 0.1305 7 60,222 62,800 61,923 0.16 9,322 0.02 8 59,981 62,517 61,613 0.17 9,630 0.1505 9 59,741 62,236 61,305 0.17 9,947 10 59,502 61,956 60,999 0.18 10,274 11 59,264 61,677 60,694 0.18 10,610 12 59,027 61,399 60,390 0.19 10,956 13 58,791 61,123 60,088 0.2 11,313 14 58,556 60,848 59,788 0.2 11,680 15 58,322 60,574 59,489 0.21 12,059 16 58,089 60,302 59,191 0.22 12,449 17 57,856 60,030 58,895 0.23 12,850 18 57,625 59,760 58,601 0.23 13,264 19 57,394 59,491 58,308 0.24 13,690 20 57,165 59,224 58,016 0.25 14,129 21 56,936 58,957 57,726 0.26 14,581 22 56,708 58,692 57,438 0.27 15,047 23 56,481 58,428 57,151 0.28 15,527 24 56,256 58,165 56,865 0.29 16,021 25 56,030 57,903 56,580 0.3 16,530 26 55,806 57,642 56,298 0.31 17,054 27 55,583 57,383 56,016 0.32 17,595 28 55,361 57,125 55,736 0.33 18,151 29 55,139 56,868 55,457 0.34 18,725 30 54,919 56,612 55,180 0.35 19,315 Total 1,747,576 1,815,535 1,782,851 0.22 380,794 F. Photovoltaic performance monitoring (5 points). The provider's capabilities of monitoring photovoltaic generating systems, for example, how many systems does the provider monitor in centralized stations, etc. G. Provider customer service, and maintenance capabilities (5 points). The ability of the provider to respond quickly, efficiently, and cost-effectively to service calls so the photovoltaic systems are operating at optimum output. H. It is encouraged to provide multiple equipment proposals so the efficiencies and degradation factors can be evaluated. Low cost is not the only criteria being considered. Solar on Public - City Hall E. Project engineering analysis (10 points). Information provided by the provider detailing the estimated KWh generated by the proposed photovoltaic systems in this RFP; including all necessary assumptions for example sunlight availability, dark time, maintenance downtime, MTBF (mean time between failures), efficiency of the systems proposed, efficiency losses, net metering, etc. A. Proposal Completeness (10 points): The measure for which the provider has provided all the requested information in a clear non ambiguous way as requested in this RFP. B. Cost/Best Value: (50 points): Cost information provided by the provider detailing the cost to the owner and potential savings over a 30-year period. This includes Domestic Content Certification. C. Financial Strength and Stability (10 points): Provide information indicating the provider's financial strength in terms of capital and liquid assets sufficient to complete the project listed in this RFP; and the stability of the provider in terms of length of service, professional capabilities, construction experience and capabilities over time. D. Photovoltaic engineering, project, and construction experience, including a minimum of five successful photovoltaic projects within the scope of this RFP (15 points). 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 COMM-SPB01_20240422 1 Minnesota Department of Commerce 85 7th Place East, Suite 280 Saint Paul, MN 55101 October 21, 2024 Laurie Hokkanen City Manager City of Chanhassen 7700 Market Blvd, PO Box 147 Chanhassen, MN 55317 Dear Laurie, Thank you for your application(s) to the Minnesota Solar on Public Buildings Program. We are pleased to inform you that your application(s) has/have been conditionally approved. The project(s) and award total(s) are noted below: • City of Chanhassen City Hall, SPB24-044, $54,145.00 To finalize the application, we need every applicant to submit an MOU signed by the utility (Xcel Energy) indicating there are no foreseen issues with interconnection. We understand this process was a barrier for applicants. Commerce and Xcel Energy have developed an updated document that meets statute requirements, and that Xcel is willing to sign in confirmation. We apologize that this is coming late in the process, and for any confusion this causes/has caused. The updated document looks similar to one we sent out this summer, but now includes space for the applicant to enter information regarding grid capacity, and space for Xcel to sign. We have attached the updated MOU document to this email, as well as a pdf tutorial with instructions to assess grid capacity at your location. A video tutorial will be posted to the Solar on Public Buildings webpage. Once we have received this final document, Commerce’s Solar on Public Buildings Program Administrator, Andrew Ulasich, will contact you to begin the contract negotiation process. While we hope that the contract will be in place in the very near future, please note that pursuant to State statute, work is not allowed to begin until a fully executed contract is in place. Once a contract is fully executed, Commerce will provide next steps for administering your contract, including submitting invoices for reimbursement. If you have any questions about this notification, please contact energy.contracts@state.mn.us with “Solar on Public Buildings” in the subject line. Thank you for your commitment to this process and your enthusiasm for the Minnesota Solar on Public Buildings Program. 212 COMM-SPB01_20240422 2 Sincerely, Energy Contracts CC: Application File Equal Opportunity Employer 213 1 Solar Array Purchase Agreement 59.950 kW DC JASolar545M Solar Panels with 40.00 kW AC SolarEdge SE40k480V(1) Inverter(s), SolarEdge S1201 Power Optimizers & Unirac, PanelClaw (or equivalent) Ballasted Racking Solar on Public Buildings Grant Program Customer & Site Information Effective Date: October 28, 2024 Customer: City of Chanhassen Customer Corporate Form: Minnesota City Customer Mailing Address: PO Box 147, Chanhassen, MN 55317 Customer Signer Name: Laurie Hokkanen Customer Signer Title: City Manager Customer Authorized Representative: Charles Howley Customer Authorized Representative Tel: 952-227-1169 Site Address: 7700 Market Blvd, Chanhassen, MN 55317 Account / Meter #: Existing City Hall Premise # 30311711, Premise # for new building TBD Site Owner: City of Chanhassen Site Owner Mailing Address: PO Box 147, Chanhassen, MN 55317 Utility: Xcel Energy Project Information Nameplate Capacity: 59.950 kW DC (+/- 0.50 kW DC) oriented at approximately 180° Installation Cost: $108,290.00 Target Substantial Completion Date: October 31, 2025 Incentive Name: Solar on Public Buildings Grant Program Incentive Payer: State of Minnesota REC Owner: Utility Solar Panel Description: JASolar545M (72 cell Tier 1, CEC listed, or DNV-GL Rated Top Performer) Solar Panel Size in Watts DC: 545 (+/- 20 Watts DC) Inverter Description: SolarEdge SE40k480V(1) Inverter(s) Total Inversion in kW AC: 40.00 (kW AC) Power Optimizer Description: SolarEdge S1201 Power Optimizers Solar Racking Description: Unirac, PanelClaw (or equivalent) Ballasted Racking 214 1 Purchase Agreement 59.950 kW DC JASolar545M Solar Panels with 40.00 kW AC SolarEdge SE40k480V(1) Inverter(s), SolarEdge S1201 Power Optimizers & Unirac, PanelClaw (or equivalent) Ballasted Racking Solar on Public Buildings Grant Program This PURCHASE AGREEMENT (“Agreement”), dated October 28, 2024 (“Effective Date”) is between IDEAL ENERGIES, LLC, a Minnesota limited liability company, whose principal place of business is located at 8318 Pillsbury Avenue South Bloomington, MN 55420 (“Seller”), and City of Chanhassen, a Minnesota City, whose principal place of business is located at PO Box 147, Chanhassen, MN 55317 (“Customer”). Seller and Customer are sometimes also referred to in this Agreement jointly as “Parties”, or individually as a “Party”. RECITALS A. Seller sells and installs grid-tied photovoltaic solar electric systems (“Energy System”) and Customer desires to purchase and install an Energy System on the Site location described above (“Site”) in accordance with the terms and conditions set forth in this Agreement; B. Customer has submitted a Solar on Public Buildings Readiness Assessment to the MN Department of Commerce for obtaining the Incentive (defined below) for the Project (defined below), which has been approved. Seller submitted the Full Grant Application for the Project on Customer’s behalf, which has received conditional approval from the MN Department of Commerce, and as such Seller will install the Energy System in accordance with the terms and conditions set forth in this Agreement. AGREEMENT NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 1. Project. Seller will perform electrical engineering on the Energy System, perform structural engineering on the Site to verify it is adequate to support the Energy System, provide and install an Energy System with a Nameplate Capacity of 59.950 kW DC (+/- 0.50 kWDC) on the Site, and perform Energy System commissioning. The “Project” will consist of the Energy System components identified on Schedule A (“System Components”) which are included as part of the Project's design documents (“Design Documents”). This Agreement, which incorporates by reference the Customer’s Request for Proposal (“RFP”) dated August 26, 2024, and the Seller’s proposal (“Proposal”) dated September 9, 2024, along with any and all requirements of the Customer’s contract with the MN Department of Commerce for Solar on Public Buildings Grant, together make up the “Contract Documents”. In the event of conflict between this Agreement, the RFP or the Proposal, the Agreement will have the first priority and the Proposal has the last priority. 2. Title and Risk of Loss. Title and risk of loss for the Energy System and Design Documents will pass to Customer upon Substantial Completion (as defined below). Notwithstanding the foregoing, as of the Effective Date, and as further set forth in this Agreement, Customer agrees to maintain insurance in its own name and to fully insure the Site during the term of this Agreement. 3. Purchase and Sale; Installation Cost; Payment Terms. Seller agrees to sell and Customer agrees to purchase the Project and the services provided for hereunder for the total purchase price of $108,290.00 as set forth on Schedule I (“Installation Cost”). Customer agrees to pay the Installation Cost in the amounts specified on Schedule I (each payment a “Milestone Payment”). Milestone Payments are due net thirty (30) days from the date of Seller’s invoice. Collectively, all Milestone Payments whether full or partial, are referred to herein as the Payment Schedule (“Payment Schedule”): 4. Customer’s Representations and Responsibilities. a. Customer represents that the Site is owned by Customer as described in Schedule B. b. Customer represents that it is not a party to any litigation that would materially or adversely affect its ability to enter into or perform under the Transaction Documents. c. The Customer’s Representative listed in Schedule B (“Customer's Representative”) will serve as the Seller’s Site contact, and the 24-hour contact for communicating with Utility (described above) for any planned or emergency issues related to the Energy System. d. Customer will, at least three weeks before the Target Substantial Completion Date, provide and maintain either a live wireless internet connection or a live RJ45 Internet outlet near the electrical room or other agreed upon location for connecting the Energy System’s web- based monitoring equipment (aka Data Biscuit). If Customer does not provide the foregoing, Seller will provide and install a cellular device for exclusive use by the Energy System, as set forth on Schedule A. Customer will be responsible for any cellular service provider data charges. 5. Seller’s Representations and Responsibilities. a. As a part of the Project, Seller will provide all System Components, Design Documents, labor, equipment, supplies and services necessary to install the Energy System at the Site in accordance with the “Scope of Work” described in Schedule C (“Work”). b. Seller will comply with all applicable laws, rules, regulations, governmental approvals and permits, Customer City of Chanhassen Utility Xcel Energy Site 7700 Market Blvd, Chanhassen, MN 55317 Account / Meter # Existing City Hall Premise # 30311711, Premise # for new building TBD 215 2 including all applicable agreements with, and tariffs of, the Utility (collectively, "Applicable Requirements”). c. Seller has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. d. Seller 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. e. Seller has given Customer written notice of all conflicts, errors, ambiguities, or discrepancies that Seller has discovered in the Contract Documents, and the written resolution thereof by Customer is acceptable to Seller. f. This Agreement is generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. Project Schedule; Substantial Completion; Final Completion. a. Customer and Seller will work together to develop a proposed work plan and schedule for the Project (“Project Schedule”) that is targeted to be substantially complete by October 31, 2025 (“Target Substantial Completion Date”). If force majeure events (as described in Section 16.g below) arise which make achievement of Substantial Completion by the Target Substantial Completion Date impracticable, Seller will promptly notify Customer of the same, and the Parties will adjust the Project Schedule accordingly. No penalties are due for changes or delays in execution of the Project Schedule. b. The Project will be substantially complete when the Utility performs a witness test and the Energy System is turned on and is capable and authorized under Applicable Requirements to generate and deliver electric energy to Customer and the Utility's electrical grid at the interconnection point (“Substantial Completion”). The date on which Substantial Completion is achieved is the “Substantial Completion Date”. c. Upon Seller’s completion of unfinished work remaining at the time of Substantial Completion (“Punchlist Work”) the Project will be fully complete (“Final Completion”). 7. Changes. a. It is the desire of the Parties to keep changes to the terms of this Agreement to a minimum, including changes to the Project Schedule. Either Party may request a change by advising the other Party in writing of the proposed change. If (a) Customer elects to purchase any additional services from Seller, as further described on Schedule A (“Optional Services”), or (b) any change in the Project or the Work is required to address unforeseen Site conditions, the circumstances of Section 7.b, or other events or circumstances, the Parties will execute a written Amendment to document the change (“Amendment”). b. Seller may substitute System Components in accordance with the requirements of this Section, as required to accommodate structural limitations of the Site, the availability of System Components (including changes in panel wattage available from manufacturers), Utility’s requirements, or other reasons consistent with the intended purpose of this Agreement. Without requiring an Amendment, Seller may, at its sole discretion, substitute the following System Components: i. For solar panels listed on Schedule A, Seller may substitute a solar panel with any standard or bi-facial polycrystalline, monocrystalline 72 cell high efficiency solar panel that (i) is Tier 1 rated, CEC listed, or a DNV-GL “Top Performer” (ii) has at least a 10-year manufacturer's workmanship warranty and a 25-year production warranty achieving at least 80% of its rated capacity (“Substitute Panels”), and (iii) is +/- 20 Watts DC and that results in a total variance in the Nameplate Capacity of +/- 0.50 kW DC. ii. For Inverters listed on Schedule A, Seller may substitute an inverter(s) with any standard alternative inverter that is (i) of substantially equal electrical rating and (ii) has a warranty of equal or greater term as the inverter(s) listed on Schedule A. iii. For Power Optimizers listed on Schedule A, if any, Seller may substitute a Power Optimizer with a model that is appropriately rated for the solar panels and inverters installed at the Site. iv. For Racking listed on Schedule A, Seller may substitute Racking with any standard alternative Racking that is (i) substantially equal, and (ii) has a warranty of equal or greater term as the Racking listed on Schedule A. 8. Incentive, Net Metering & Tax Credits. The Parties anticipate the Project will be eligible for the following: a. The Project has been awarded a Solar on Public Buildings incentive of $54,145.00 subject to a maximum amount not to exceed 50% of the Installation Cost (the “Incentive”) payable to the Customer from the State of Minnesota. The Incentive is scheduled to be paid to the Customer to reimburse Customer for payments made to Seller under this Agreement following the Customer’s submitting the required documentation to the Department of Commerce. b. The Project may be eligible for an investment tax credit pursuant to Section 48 of the Internal Revenue Code (“Tax Credit”). The Tax Credit is worth 30% of the Project’s eligible basis (“Projected Tax Credit”). The eligible basis for the Tax Credit may differ from the Installation Cost. The Customer will apply for Direct Pay to receive the Direct Pay Payment. 9. Insurance. a. Seller will, at its own cost and expense, maintain in full force, the following insurance: 1. Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate, $2,000,000 Products-Completed Operations Aggregate, $2,000,000 Personal and Advertising Injury, $1,000,000 Each Occurrence-Combined Bodily Injury and Property Damage, $1,000,000 2. Workers' Compensation and Employer's Liability: Workers' Compensation, Statutory Limits 216 3 Employer's Liability, Bodily injury: Accident-Each Accident $500,000 Disease-Policy Limit $500,000 Disease-Each Employee $500,000 3. Automobile Liability. Combined bodily injury and property damage, $1,500,000 per accident and $3,000,000 annual aggregate. An umbrella or excess policy over primary liability insurance coverages is an acceptable method to provide the required insurance limits. b. Seller will also provide Builder’s Risk Insurance. The Seller’s Certificate of Insurance evidencing such insurance naming Customer as an additional insured by endorsement must be provided prior to commencement of any work at the Site, as provided in Schedule E. c. Customer will at all times, at its own cost and expense, maintain in full force and effect, insurance reasonable and customary for the Site and, after Substantial Completion has occurred, for the Energy System and the System Components. d. As further described in Schedule F, Customer will provide the the Utility with a Certificate of Insurance e. Waiver of Subrogation. The Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or what amounts, such insurance is now or hereafter carried by the Parties, or either of them. These waivers and releases shall apply between the Parties and they shall also apply to any claims under or through either Party as a result of any asserted right of subrogation. All such policies of insurance obtained by either Party concerning the Property shall waive the insurer’s right of subrogation against the other Party. 10. Seller's Waiver and Indemnity Regarding Liens. a. Seller shall keep the Site free and clear of all liens and claims of liens for labor, material, services, supplies and equipment performed on or furnished to Seller or any of the System Components in connection with the Seller’s use of the Site. b. Seller will promptly pay all undisputed amounts owed for services, materials, equipment, and labor furnished by any person to Seller with respect to the Project. Seller will, at Seller’s sole cost and expense, discharge and cause to be released, whether by payment or posting of an appropriate surety bond in accordance with the Applicable Requirements, within thirty (30) days of Seller’s notice of its filing, any mechanic's, materialmen's, or other lien in respect of the Energy System or the Site created by, through or under, or as a result of any act or omission (or alleged act or omission) of, Seller or any subcontractor or other person providing services, materials, equipment or labor with respect to the Project. If Seller defaults in its obligation to discharge, satisfy or settle such liens, Customer may discharge, satisfy or settle such liens and Seller will, within thirty (30) days of a written request by Customer, reimburse Customer for all costs and expenses incurred by Customer to discharge, satisfy or settle such liens. c. Seller waives any right to file or impose any mechanic’s, materialman’s, or other liens with respect to the Site or the Energy System. d. Seller will promptly pay all undisputed amounts owed for services, materials, equipment, and labor furnished by any person to Seller with respect to the Project. 11. Warranties & Maintenance. a. Seller Warranty. Seller will provide the warranties set forth on Schedule D. Except as otherwise set forth in Schedule D, the System Components furnished and installed by Seller, but not manufactured by Seller (including without limitation the solar panels, inverters, power optimizers, racking, and monitoring equipment and their performance/energy output), will carry only the warranty of their manufacturer. More detailed information about warranties on the System Components are set forth on the applicable manufacturer’s specification sheets and Operations Manual(s) provided to Customer, or available on the manufacturer’s websites. Customer is solely responsible for pursuing any available warranties on System Components against the manufacturer at its own expense, and may look only to such manufacturer, and not to Seller, for any warranty with respect thereto. b. Energy System Operation & Maintenance Services. At Seller’s expense, Seller will monitor the Energy System’s performance and keep and maintain the Energy System in good condition and repair in accordance with the Maintenance Services provided in Schedule G; provided, however, the Parties acknowledge Schedule G is a guideline, to which strict adherence is not expected by the Parties (“Maintenance Services”). Customer is solely responsible for pursuing any available warranties on System Components against the manufacturer(s) at its own expense, and may look only to such manufacturer, and not to Seller, for any warranty with respect thereto. Seller will assist Customer in resolving any warranties relating to System Components as described in Schedule G. Seller will prevent any liens from attaching to the Site resulting from its maintenance activities, and will defend, indemnify, and hold Customer harmless from the same. In the event Seller fails to meet such obligation, Customer may discharge, satisfy, or settle such liens and Seller will, within thirty (30) days of a written request by Customer, reimburse Customer for all costs and expenses incurred by Customer, including but not limited to attorneys’ fees. c. EXCEPT AS EXPRESSLY PROVIDED IN SCHEDULE D, SELLER MAKES NO AND EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO THE INSTALLATION, DESIGN, DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS, USEFUL LIFE, ENERGY PRODUCTION, PROJECTED ECONOMIC VIABILITY, FINANCIAL DATA AND PROJECTIONS, UTILITY RATES, CURRENT OR FUTURE TARIFF PROGRAMS, NET METERING, THE AMOUNT OF OR CUSTOMER’S RECEIPT OF UTILITY BILL CREDITS OR NET METERING CREDITS, ROOF 217 4 PERFORMANCE, FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER MATTER OF THE ENERGY SYSTEM, THE SYSTEM COMPONENTS, THE PROJECT, OR ANY SERVICES PROVIDED UNDER THIS AGREEMENT. 12. Ownership of Project Documents and Design. All Design Documents for the Energy System will be the sole and exclusive property of Customer. Customer grants Seller an irrevocable perpetual, transferable, royalty free license to use the Design Documents for its own private use. 13. Indemnification; Limitation of Damages. a. The Parties shall indemnify and hold the other harmless against any and all claims, costs, losses, expenses, demands, actions, or causes of action resulting from or arising out of the installation of the Project, the use and occupancy of the Site, or maintenance the System Components by the Party, its employees, contractors or agents, including, without limitation, reasonable attorney’s fees and other costs and expenses of litigation, which may be asserted against or incurred by the Party or for which Party may be liable in the performance of this Agreement, except to the extent such claims or damages may be due to or caused by the acts or omissions of the other Party, or its employees, contractors or agents. This Agreement to indemnify and hold harmless does not constitute a waiver by Customer of limitations on liability provided by any applicable Minnesota law, including Minnesota Statutes, Chapter 466. The obligations described in this Paragraph shall survive the expiration or termination of this Agreement. 14. Termination. This Agreement may be terminated as follows: a. Either Party may terminate this Agreement upon providing the other party with sixty (60) business days written notice. Upon termination of this Agreement by Customer pursuant to this Section, then subject to Seller’s delivering Customer a completed item(s) as described on Schedule I, Customer will pay Seller all progress payments due for the item(s) as described in Schedule I, and Seller's direct costs, if any, that Seller actually incurred through the date of such termination including but not limited to design and engineering fees, project management fees, analytical and testing fees, application fees, permitting and Utility fees. If termination by Customer is based on convenience and not due to reasonable circumstance, Seller is entitled to ten percent (10%) of the remaining Purchase Price for portions of the Work not yet performed on the date of such termination. Upon termination of this Agreement by Seller pursuant to this Section, then subject to Seller’s delivering Customer an item or work described on Schedule I, then Customer will pay Seller all progress payments due for the work completed as described in Schedule I, and Seller will pay all Customer’s Project costs incurred through the date of such termination, and after termination, including but not limited to additional construction, design and engineering costs, analytical and testing fees, application fees, permitting and Utility fees that Customer may incur, including the documented cost of completing the Project that exceeds the amount that would have been required to be paid to Seller under this Agreement to complete the Project. b. Seller may terminate this Agreement by giving written notice to Customer at any time prior to completion of the Project in the event Customer has breached any representation, warranty or covenant contained in this Agreement in any material respect, Seller has notified Customer of the breach, and the breach has continued without cure by Customer or written waiver by Seller for a period of thirty (30) days after the notice of the breach. In such case, Customer will pay the amounts described in Section 14.a. c. Customer may terminate this Agreement by giving written notice to Seller at any time prior to completion of the Project in the event that: (i) Seller has breached any representation, warranty or covenant contained in this Agreement in any material respect, and Customer has notified Seller of the breach, and the breach has continued without cure by Seller or written waiver by Customer for a period of thirty (30) days after the notice of the breach; or (ii) upon sixty (60) days' notice to Seller if Seller has not achieved Substantial Completion within one hundred eighty (180) days of the Target Substantial Completion Date, as may be extended pursuant to the terms of this Agreement. In such event, Customer may recover from Seller, as damages and not as a penalty, the documented cost of completing the Project that exceeds the amount that would have been required to be paid to Seller under this Agreement to complete the Project, if any. d. Upon termination of this Agreement pursuant to this Section 14, all rights and obligations of the Parties under this Agreement will terminate without any liability of any Party to any other Party, except (i) with respect to Section 14, Section 16, and as otherwise provided in this Section 14, (ii) for any liability of any Party then in breach. e. Except as otherwise provided in this Section 14, the termination rights under this Section are cumulative with and in addition to any other rights or remedies to which the Parties may be entitled at law or under this Agreement. 15. Roof Warranty. Before installing the Energy System, Seller will take measures required to provide documentation to the Customer to keep the Site’s existing or new roofing manufacturer warranty intact. 16. Miscellaneous. a. Relationship of the Parties. The Parties will for all purposes be considered independent contractors with respect to each other, and neither will be considered an employee, employer, agent, principal, partner or joint venturer of the other. The Customer hereby retains the Seller as an independent contractor upon the terms and conditions set forth in this Agreement. The Seller is not an employee of the Customer and is free to contract with other entities as provided herein. Seller shall be responsible for selecting the means and methods of performing the work. Seller shall furnish any and all supplies, equipment, and incidentals necessary for Seller's performance under this Agreement. Customer and Seller agree that Seller shall not at any time or in any manner represent that Seller or any of Seller's agents or employees are in any manner agents or employees of the Customer. Seller shall be exclusively responsible under this Agreement for Seller's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or 218 5 self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation b. Entire Agreement. This Agreement and all schedules, exhibits and attachments hereto, together with any agreement reference herein, constitute the entire agreement and understanding of the Parties relative to the subject matter hereof. The Parties have not relied upon any promises, representations, warranties, agreements, covenants or undertakings, other than those expressly set forth or referred to herein. This Agreement replaces and supersedes any and all prior oral or written agreements, representations and discussions relating to such subject matter. c. Survival of Representations. All representations, warranties, covenants and agreements of the Parties contained in this Agreement, or in any instrument, certificate, exhibit or other writing provided for in it, will survive the execution of this Agreement and the consummation of the transactions contemplated herein. d. Amendment. This Agreement may be amended or modified only by a writing executed by the Parties to this Agreement. No custom or practice of the Parties at variance with the terms hereof will have any effect. Notwithstanding the foregoing, the Parties agree to amend this Agreement to incorporate any additional language required to accommodate the Solar on Public Buildings Grant Program requirements or other reasons consistent with the intended purpose of this Agreement. e. Notices. All notices to be given under this Agreement will be in writing and will be effectively given upon personal delivery, facsimile or email transmission (with confirmation of receipt), delivery by overnight delivery service or three days following deposit in the United States Mail (certified or registered mail, postage prepaid, return receipt requested). f. No Delay. No delay or failure on the part of any Party hereto to exercise any right, power or privilege hereunder will operate as a waiver thereof. g. Force Majeure. Neither Party will be liable to the other Party for any delay, error, failure in performance or interruption of performance resulting from causes beyond its reasonable control, including without limitation fires, flood, accidents, explosions, sabotage, strikes or other labor disturbances, civil commotion, riots, invasions, wars, acts of God, acts of government, terrorism, delayed governmental process, international tariffs, inability to timely obtain a permit, inability to timely receive interconnection approval or response from Utility, inability to obtain sufficient qualified labor, or any cause (whether similar or dissimilar to the foregoing) beyond the reasonable control of the Party. h. Subcontractors. Seller shall not enter into subcontracts for services provided under this Agreement without the express written consent of the Customer. Seller shall comply with Minnesota Statute § 471.425. Seller must pay Subcontractor for all undisputed services provided by Subcontractor within ten days of Seller’s receipt of payment from Customer. Seller must pay interest of 1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. i. Copyright. Contractor shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the Customer from loss or damage resulting there from. j. Governing Law / Venue. This Agreement will be governed by and construed in accordance with the laws of the state of Minnesota without regard to its conflict of laws principals. Any lawsuit brought in connection with this Agreement will be brought only in a court of general jurisdiction in Carver County, Minnesota. k. Severability. The provisions of this Agreement are severable. If any part of this Agreement is rendered void, invalid or unenforceable, such rendering will not affect the validity and enforceability of the remainder of this Agreement. l. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. Neither Party will assign this Agreement, or any portion thereof, without the prior written consent of the other Party. Any attempted assignment or transfer without such prior written consent of the other Party will be of no force or effect. As to any permitted assignment: (i) reasonable prior notice of any such assignment will be given to the other Party; and (ii) any assignee will expressly assume the assignor’s obligations hereunder, unless otherwise agreed to by the other Party in writing. Notwithstanding the foregoing, Seller may, at its sole discretion, assign all or part of its interest under this Agreement to an affiliate of Seller or Seller, or assign this Agreement in connection with any sale or pledge of any or all of its assets to a third party or bank. m. Marketing and Promotion. Seller will not use Customer's name, image or likeness in connection with advertising and promoting the Project or the Energy System without Customer's approval, which will not be unreasonably withheld. n. Data Practices. Pursuant to Minnesota Statutes, Section 13.05, subd. 11, all of the data created, collected, received, stored, used, maintained, or disseminated by Seller in performing this Agreement is subject to the requirements of the Minnesota Government Data Practices Act (“MGDPA”), Minnesota Statutes Chapter 13, and Seller must comply with those requirements as if it were a government entity. o. Trade Secret. Seller asserts the information herein labeled as “Trade Secret” to meet the definition of a trade secret under Minn. Stat., § 13.37, subd. 2. Seller acknowledges that under the MGDPA, the final determination of whether the asserted information is made by the Customer. The Customer agrees to seek justification from Seller for its assertions prior to any disclosure to a third party. Seller acknowledges that this Agreement will be included in the public agenda packet for the Customer’s City Council meeting and will be considered public data under the MGDPA. p. Record Keeping Availability and Retention. Pursuant to Minnesota Statutes, Section 16C.05, subd. 5, Seller agrees that the books, records, documents and accounting procedures and practices of Seller, that are relevant to the Agreement or transaction, are 219 6 subject to examination by the Customer and the state auditor for a minimum of six (6) years. Seller shall maintain such records for a minimum of six (6) years after final payment. q. Non-Discrimination. Pursuant to Minnesota Statutes, Section 181.59, the Seller will take affirmative action to ensure that applicants are selected, and that employees are treated during employment, without regard to their race, color, creed, religion, national origin, sex, sexual orientation, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability or age. The Seller agrees to be bound by the provisions of Section 181.59, that prohibits certain discriminatory practices and the terms of said section are incorporated into this Agreement. r. Bonds. Where the Installation Cost exceeds $175,000, Seller shall post performance and payment bonds in the amount of the Installation Cost. s. Prevailing Wage. Services provided by Seller fulfilling this Agreement will be provided in accordance with MS 216C.377, Subd. 11. t. Recycling of Equipment / End of Life Removal & Disposal. All electronic equipment including but not limited to Solar panels, Inverters, Optimizers and electronic components that are disposed of by Seller will be managed by Seller in accordance with then applicable recycling regulations. End of Life Energy System Removal and Disposal will be performed by the Customer at Customer’s expense. u. Additional Information Required by the Solar on Public Buildings Grant Program: Lifecycle Cost information is provided in Schedule H. The Parties hereto have caused this Agreement to be duly signed in their respective names as of the Effective Date. Seller IDEAL ENERGIES, LLC By: _______________________________ Chris Psihos, its President Dated: _______________________ Customer City of Chanhassen By:________________________________ Elise Ryan, its Mayor By: _______________________________ Laurie Hokkanen, its City Manager Dated: _______________________ 220 Trade Secret 7 SCHEDULE A System Components Included with Energy System: The Energy System is comprised of the following System Components: 1. UL Listed and approved Solar Panels: 110 @ JASolar545M solar panels each rated at 545 (+/- 20 Watts DC); 72 cell Tier 1, CEC listed, or DNV-GL Rated Top Performer oriented at approximately 180° 2. UL listed and approved DC/AC inverters: 40.00 kW AC total; 1 @ SolarEdge SE40k480V(1) Inverter(s) 3. SolarEdge Power Optimizers: 56 - SolarEdge S1201 Power Optimizers (or equivalent) 4. Solar Panel Racking / mounting system: Unirac, PanelClaw (or equivalent) Ballasted Racking 5. Electrical components including but not limited to conductive wiring, ground circuitry, conduit, junction boxes, disconnects, switches, over-current protection, and any associated hardware necessary to complete the installation of the solar panels and interconnect with the Site’s existing electric service excluding any Specialized Equipment as defined below. Electrical components including the inverters, transformers, disconnects and production meter will be located on the exterior of the building near existing electrical service unless otherwise agreed. If the main service Utility meter is located indoors, if required by the Utility, a keypad or lockbox will be provided for allowing the Utility 24-hour access to the meter. The electrical conduit will be run on the exterior of the building. 6. Monitoring equipment and web-based remote system monitoring system. Customer is responsible for bringing, providing and paying for ethernet cable or cellular based internet service at the Site (typically the electrical room). 7. Where Customer’s roofing manufacturer for EPDM, TPO, PVC or SBS roof membrane system(s) require that slip sheets of like kind roofing membrane (“Slip Sheets”) be placed between the roof’s membrane and the solar array racking pads to preserve the installer’s or manufacturer’s roof warranty, Slip Sheets will be installed by Seller. 8. For ground mounted systems, includes: (1) 200’ AC trench run from array to interconnection location (additional cost for longer runs will be added to project cost at Seller’s cost) (2) grass or mulch at the Seller’s discretion (Customer is responsible for maintaining the grounds post installation), and (3) wire mesh for guarding of conductors (does not include fence). 9. If not provided by the Utility, a revenue grade meter for measuring and monitoring electrical production from the Energy System. The Parties agree that the Energy System does NOT include the following unless purchased by the Customer as an option (except where Seller includes them in the Installation Cost): 1. Relocation of existing electric circuits, upgrades to Customer’s electrical service to bring it up to code, or other Site-specific Utility requirements including any relocation of existing Utility meters to an exterior location. 2. Any structural improvements to the building required to support the Energy System and the System Components. 3. Additional costs for unforeseen conditions including mechanical roof attachments required to keep the Energy System immobile as may be required by the Structural engineering reports. 4. Batteries or emergency back-up power capability. 5. Extended inverter warranty purchase. 6. Third-party fees for web-based monitoring of the Energy System. 7. Afterhours Labor and after-hours equipment rental (i.e., outside the weekday hours of 6 AM to 6 PM local prevailing time) / Weekend Labor. 8. Tree removal, gas line relocation, fencing or guardrails around roof perimeter. 9. Seller-provided cellular device for web-based System monitoring required if Customer does not provide internet service described in Section 4d of this Agreement: $1200. 10. Non-customary design requests, any other item or service not described in this Schedule A including but not limited to step up/down transformers to/from 480V 3 Phase, roof penetrations, conduit run through building interior, powder coated or other special materials to match building, roofing (roof spudding, upgrades or re-certifications), landscaping or screening around solar array exterior. 221 8 SCHEDULE B Contact Information for Parties Customer: City of Chanhassen PO Box 147, Chanhassen, MN 55317 Site Owner: Customer’s Authorized Signers: Customer’s Authorized Representative: City of Chanhassen PO Box 147, Chanhassen, MN 55317 Elise Ryan, Mayor Laurie Hokkanen, City Manager Charles Howley 952-227-1169 chowley@chanhassenmn.gov Seller/Installer: Ideal Energies, LLC Chris Psihos t. (612)928-5008 chris.psihos@idealenergies.com 8318 Pillsbury Avenue South Bloomington, MN 55420 Project Electrician(s): Green2 Electric, LLC License EA791017 Robert Buskirk & Russell Goetze Master Electricians t. (612)928-5008 f: (612)928-5009 8318 Pillsbury Avenue South Bloomington, MN 55420 222 9 SCHEDULE C Seller’s Scope of Work A. Design Scope 1. Seller will prepare structural and electrical Design Documents describing the Project. 2. Seller will comply with all building codes and, as necessary, obtain any code variances. 3. Seller will ensure that the Energy System installation meets then current National Electrical Code requirements. 4. Seller will apply for all permits, and complete inspections to close such permits after Substantial Completion. 5. Seller will prepare all documentation required by Utility for Customer to interconnect the Energy System with Utility’s electrical grid at the interconnection point. 6. Seller will prepare all documentation required by Utility for Customer to apply for interconnection. B. Installation 1. Seller will furnish and install all required material or equipment for a complete installation. 2. Seller will connect the Energy System to Customer’s electric panel. 3. Seller will commission and test the Energy System after installation. 4. Electrical interconnections will be performed by licensed electricians. 5. Except as provided in the Purchase Agreement, the Parties agree that Seller will not be liable for any indirect or consequential losses incurred by Customer as a result of the Energy System installation. Such losses may result from disruption of operations, interruption of electrical service, suspension of mechanical services and other interruptions reasonably related to standard Energy System installation of the size and type contemplated by the Project. C. Safety 1. Seller will adhere to all current safety laws including without limitation federal, state and local safety regulations. 2. Seller’s workers will conform to standard OSHA safety practices and procedures during installation. D. General 1. Seller will provide all required design, engineering, construction, administration and management services necessary to complete the Project. 2. Seller will provide to Customer copies of all operating and maintenance manuals and third-party warranties. 223 10 SCHEDULE D Seller’s Warranties Engineering and Design Services Warranty Seller warrants that it will perform the engineering and design services in a professional and workmanlike manner using the degree of care, skill, prudence, judgment and diligence that a reasonable, qualified and competent provider of similar services would exercise. Except as otherwise provided herein, for a period beginning on the Substantial Completion Date and ending five years later (“Warranty Period”), if it is shown that there was an error in such engineering and design services as a result of Seller’s failure to meet those standards, and if Customer properly notifies Seller within the Warranty Period, Seller will, at its own expense and at no cost to Customer, re-perform such services to remedy such error within a reasonable timeframe. Installation Services Warranty Seller warrants that it will perform the installation services in a professional and workmanlike manner using the degree of care, skill, prudence, judgment and diligence that a reasonable, qualified and competent provider of similar services would exercise. Except as otherwise provided herein, if during the Warranty Period it is shown that there was an error in such installation services as a result of Seller’s failure to meet those standards, and if Customer properly notifies Seller within the Warranty Period, Seller will, at its own expense and at no cost to Customer, re- perform such services to remedy such error within a reasonable timeframe. Limited System Components Warranty Seller warrants that the System Components will be new and not physically damaged by Seller at the time of Substantial Completion. If Customer notifies Seller within the Warranty Period that any System Components were not new or were, at that time, physically damaged by Seller at the time of Substantial Completion, Seller will replace such System Components within a reasonable timeframe with System Components that are new and undamaged. Roof Warranty Except as otherwise provided herein, if during the Warranty Period it is shown that the roof leaks solely as a result of Seller’s installation of the Energy System, and if Customer properly notifies Seller within the Warranty Period, Seller will, at its own expense and at no cost to Customer, promptly repair the roof so that it does not leak; provided that such leaking is not due to normal wear and tear. Limitation on Warranties The above warranties do NOT cover damage, malfunctions or services failures to the extent caused by: 1. Failure to follow any applicable operations or maintenance manual or any other maintenance instructions provided by Seller or the manufacturer of the System Components, or failure to properly maintain or operate the Energy System; 2. Repair, modification, maintenance, movement or relocation of the Energy System or the System Components by someone other than a service technician approved by Seller or the manufacturer of the System Components; 3. Attachment or connection to the Energy System of any equipment not supplied by Seller, or the use of the Energy System for a purpose for which the Project was not intended; 4. Abuse, misuse or acts of Customer or any third person (other than Seller or its employees or agents), including intentional damage, theft or vandalism; or 5. Damage or deteriorated performance of the Energy System or Site caused by electrical surges, building settling, building component failure, work done on the building or adjacent structures, use of machinery or vehicle in the area, winds in excess of the system design rating, lightning, fire, flood, extreme weather conditions, pests, tornadoes, hurricanes, hail, storms, explosions, earthquakes, ground subsidence, falling debris, force majeure (as described in Section 16.g. of the Purchase Agreement) accidental breakages (not caused by Seller or its employees or agents), normal wear and tear, and other events or accidents outside the reasonable control of Seller. Customer's Right to Remedy In the event that Seller fails to timely remedy any breach of warranty under this Schedule D or such breach threatens imminent harm to Customer or its property, Customer will have the right to employ any reasonable means necessary to remedy such breach, and Seller will reimburse Customer for all reasonable and necessary expenses incurred by Customer in carrying out such remedy. 224 11 SCHEDULE E Seller & Affiliates - Sample Certificate of Insurance 225 12 SCHEDULE F Utility Insurance Requirements for Solar Equipment Call your insurance company and let them know you are installing solar equipment on your roof and need to insure it. Have them issue the Certificate of Insurance described below as required to comply with Xcel Energy requirements. If your insurance company has any questions about the equipment, the installation or the below, please have them contact Wendy Vorasane of iDEAL Energies at 612.928.5008. Please have copies of both Certificates of Insurance emailed to wendy.vorasane@idealenergies.com. CERTIFICATE OF INSURANCE Xcel Energy as a Certificate Holder 1. Have your insurance provider complete the Insurance Checklist. 2. Have them provide an endorsement naming the following as an additional insured: Northern States Power Company, A Minnesota Company 414 Nicollet Mall, Minneapolis, MN 55401 3. Make sure the physical address listed on your policy matches the physical address at the Site where the Energy System is installed. 226 13 SCHEDULE G Maintenance Services 1. Operation and Maintenance Standard of Care. Seller will use commercially reasonable efforts to identify, respond to, and complete necessary maintenance and repairs and to operate the Energy System to operate the Energy System in accordance with the Design Documents and manufacturers’ Operating Manuals (as described in the Purchase Agreement). Notwithstanding the foregoing, the Parties understand that delays may be caused by multiple reasons including without limitation, delay in the identification of operational issues, troubleshooting issues, warranty replacement, warranty procurement, force majeure, parts availability, parts delivery, crew availability, equipment defects, equipment performance, internet downtime, and similar causes. 2. Maintenance Services. For a period of 1.0 years beginning on the Substantial Completion Date, Seller will provide the following Maintenance Services at no cost to Customer. For years 2 to 5, for Maintenance Servies will be provided by Seller at the fixed annual fee of $785.25 per year with an annual escalator of 0.0% (the “Fixed Fees”): A. Weekly performance monitoring via online monitoring system to validate performance of panels and inverters, energy production; benchmark performance vs. similar systems for validation B. Identify any defective equipment via on-line monitoring system C. Semi-annual site audits of the Energy System performing the following tasks 1. Inspect panels, inverters, and racking for physical damage 2. Clean any debris on or under the solar arrays 3. Ensure labels are intact 4. Check for loose hanging wires, repair as necessary 5. Check electrical connections, tighten/torque as necessary 6. Check for corrosion of electrical enclosures, repair as necessary D. Seller will manage System Component warranty claims on behalf of Customer & install the following equipment that is replaced under manufacturer’s warranty, and provide recycling reporting required by the State of MN Grant Contract. 1. Panel Replacement / Recycling Services 2. Optimizer Replacement / Recycling Services 3. Inverter Replacement / Recycling Services 3. Fees for parts replaced under Manufacturer’s Warranty. For one year after the Substantial Completion Date, Seller will provide the services described below at Seller’s sole expense. Beginning on the thirteenth month, the following fees will be charged to Customer in addition to the Fixed Fees described above where the Seller removes and reinstalls parts that are available and replaced under the manufacturer’s Warranty. Inverters will be serviced as soon as possible after identification of a performance issue. After identification of performance issues, Optimizers will be replaced at least quarterly. 1. Panel Replacement & Recycling Services - $150 / each 2. Optimizer Replacement Services - $65 / each 3. Inverter Replacement Services o 20 to 50 kW inverter - $200 / each o 51 to 100 kW inverter - $400 / each 4. Fees for Other Services. Seller will charge the following fees for services provided that are not otherwise described above. Services will be provided after Customer issues Seller a Purchase Order based on Seller’s quotation describing services to be provided. 1. Electrical Labor - $125 / hr. 2. Parts / other – cost plus 15% 5. Payment for Services. Payment is due for any services provided by Seller under Sections 3 and 4 above net 30 days from Seller’s invoice date. 227 14 SCHEDULE H Additional Information Required by the Solar on Public Buildings Grant Program Estimated 25 Year Energy System Total Lifecycle Cost Lifecycle cost definition per program as the installation cost less maintenance cost, inverter replacement cost, and end of life removal and disposal cost. Lifecycle cost is calculated based on 25-year Panel warranty term as per program requirements. Installation Cost 1 $108,290.00 Maintenance Cost 2 $28,044.00 Inverter Replacement 3 $7,874.00 End-of-Life Removal and Disposal 4 $14,449.00 Total Lifecycle Cost $158,657.00 1 Installation Cost 2 25 year Maintenance cost @ $720.00 year 1 with an annual escalator of 3.5% 3 Cost for Inverter Replacement including parts and labor 4 Same as footnote 2 adjusted for year 25 228 15 System end of Life Decommissioning and Component Recycling Costs Requirements from the State of MN Grant Contract 40 year End-of-Life decommissioning and component recycling costs 5 $24,207.00 At the end of the system life, functioning parts (panels, inverters, optimizers) can be reused or recycled. If reused, we anticipate zero cost. Costs below assume that the panels are not functional and recycled at the end of their useful life. Recycling costs for failed equipment after year 1, and estimates for failed system components replaced during the lifetime of the system are included in Schedule G. 5 40 year End-of-Life Removal and Disposal estimated cost is based on the following 2024 estimated costs and an annual escalator of 3.5%: 110 panels @ 49.6 lb./each and $0.40/lb.; 56 - SolarEdge S1201 Power Optimizers @ 2.34 lb./each and $0.25/lb.; 1 @ SolarEdge SE40k480V(1) Inverter(s) at 78.2 lb./each and $0.25/lb.; 4 hours electrician @ $120/hr.; 40 hours general labor @ $75/hr.; 1 40 yard dumpster $400 each; all metals recycled at zero cost. 229 16 SCHEDULE I Schedule of Values Schedule of Values / Purchase Price & Payment Schedule Seller Name: City of Chanhassen Site: 7700 Market Blvd, Chanhassen, MN 55317 Project Description: 2024 NONE FP - 59.95 kWDC 40 kWAC Ballasted @ 10°tilt & 180°az - JASolar545M & SolarEdge [City of Chanhassen City Hall] v.9.20.24 Seller: Ideal Energies, LLC Installation Cost: $108,290.00 Purchase Agreement Date: October 28, 2024 Target Substantial Completion Date: October 31, 2025 A B C D E F K Item No. Description of Work Completed Payment Schedule (%) Payment Schedule ($) Amount Billed ($) Amount Paid ($) Amount Due ($) Estimated Total Days for Item Projected Item Completion Date 1 Utility Interconnection Approval (~60 -120 days) 20.000% $21658.00 $0 $0 $0 116 February 21, 2025 2 Equipment Delivery to Site 40.000% $43,316.00 $0 $0 $0 160 July 31, 2025 3 Substantial Completion (Start-up/Witness Test) 35.000% $37,901.50 $0 $0 $0 45 October 31, 2025 4 Final Completion (Punch list completed) 5.000% $5,414.50 $0 $0 $0 21 November 21, 2025 Total Project Cost 100% $108,290.00 $0 $0 $0 346 October 5, 2025 CO # Change Orders (if applicable) If Applicable Change Order Date (Additional Utility Engineering Studies) $0 $0 $0 $0 0 (Specialized Equipment required by Site) $0 $0 $0 $0 0 (Specialized Equipment required by Utility) $0 $0 $0 $0 0 (Other change order(s) descriptions) $0 $0 $0 $0 0 Total Project Cost Including Change Orders 100% $108,290.00 $0 $0 $0 346 Seller’s receipt of payment is contingent on providing Customer the following documentation for the following items: Item 1 Copy of Utility’s interconnection approval Item 2 Copies of bills of lading or delivery receipts Item 3 Copy of signed witness test and commissioning forms. All lien releases. Item 4 Completion of any Punch List Work (if any) [The above Schedule of Values is preliminary] Seller will provide an updated Schedule of Values with each draw request that reflects any change orders or modifications to the final project schedule. 230 17 Schedule J 25 Year System Cashflow Analysis SPB24-044 The 25 Year System Cashflow Analysis is hereby incorporated into this Agreement by Reference 231 City Council Item October 28, 2024 Item Approval of Fireworks Show Permit for the Feast of St. Hubert on November 2, 2024 File No.Item No: E.7 Agenda Section CONSENT AGENDA Prepared By Ana Fatturi, Fire Inspector/Admin Specialist Reviewed By Andrew Heger SUGGESTED ACTION "The Chanhassen City Council approves the fireworks display permit for the Feast of St. Hubert on November 2, 2024, as outlined in the staff report and subject to the specified conditions." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY City staff recommends approval of a fireworks show permit for the Feast of St. Hubert, scheduled to take place on November 2, 2024. The event will be held at St. Hubert Catholic Community, located at 8201 Main Street. The fireworks display is intended to be a highlight of the festival, providing entertainment for attendees and enhancing the celebratory atmosphere of the event. BACKGROUND St. Hubert Catholic Community has submitted an application for a fireworks display permit as part of their annual Feast of St. Hubert celebration. The event is scheduled for November 2, 2024, and will include various activities culminating in a fireworks show. The fireworks will be launched from a designated area near the church, with a fallout zone radius of 125 feet as per NFPA 1123 standards. The display will feature 1.75-inch diameter effects and will be supervised by a certified pyrotechnic operator, Alan McNellis, Certificate No. B-0999. DISCUSSION 232 The application includes all necessary documentation, including a site map, certificate of insurance, and a detailed list of fireworks to be used. The fireworks will be delivered on the day of the show, with no prior storage required. The Chanhassen Fire Department will conduct a pre-launch inspection to ensure compliance with safety regulations and will be present during the event to provide fire suppression support if needed. BUDGET There are minimal staffing costs associated with a standby fire crew for the event. The event organizers have provided proof of insurance coverage, ensuring that any liabilities are covered. RECOMMENDATION Staff recommends that the City Council approve the fireworks display permit for the Feast of St. Hubert on November 2, 2024, subject to the following conditions: 1. Compliance with all applicable state and local regulations. 2. Completion of a pre-launch inspection by the Chanhassen Fire Department. 3. Provision of adequate fire suppression resources during the event. ATTACHMENTS St Hubert Fireworks Permit Application Permit HOA approval via email- waiting for mail St Hubert Site Map 2024 St Hubert updated Certificate of Insurance 233 1 of 2 CITY OF CHANHASSEN OUTDOOR PUBLIC FIREWORKS DISPLAY PERMIT APPLICATION SECTION ONE: APPLICANT INFORMATION SECTION TWO: DISPLAY INFORMATION Applicant Name: Name of Applicant’s Authorized Agent: Organization Name: (If applicable) Date of Display: Location of Display: Storage details for fireworks prior to display (the box they are stored in, where they are kept, etc.): Type and number of fireworks to be discharged: Time of Display: This application is for an outdoor public fireworks display only and is not valid for an indoor fireworks display. This application must be completed and returned at least 15 days prior to date of display. Address of Applicant: Address of Agent: (Street, City, State, & Zip) (Street, City, State, & Zip) (Street, City, State, & Zip) Phone Number of Agent: 234 2 of 2 SECTION THREE: MANDATORY INSPECTION SECTION FOUR: SUPERVISOR INFORMATION SECTION FIVE: REQUIRED ATTACHMENTS The following documents must be submitted along with the application: A pre -event fire inspection is required and performed by Chanhassen Fire. To schedule an inspection, please call 952-227-1200 or Fire Marshall Don Nutter at 952-227-1151 or 612-268-8515. OUTDOOR PUBLIC FIREWORKS DISPLAY PERMIT APPLICATION Proof of a bond or certificate of insurance (Suggested Amount: $1.5 million minimum) A diagram of the ground at which the display will be held. This diagram (drawn to scale or with dimensions included) must show the point at which the fireworks are to be discharged; the location of ground pieces; the location of all buildings, highways, streets, communication lines, and other possible overhead obstructions; and the lines behind which the audience will be restrained. A list of the names and ages of all assistants that will be participating in the display. MINNESOTA STATE LAW REQUIRES THAT THIS DISPLAY BE CONDUCTED UNDER THE DIRECT SUPERVISION OF A PYROTECHNIC OPERATOR CERTIFIED BY THE STATE FIRE MARSHAL. Complete and submit this form and any supplemental documents online on the city’s BS&A portal. A guide is available to help you with the submission process. Name of Supervising Operator:Certificate #: Amount ($): 235 1 Patty Dolan To:Patty Dolan Subject:FW: St Hubert Permit From: Vernelle <Vernelle@vclayton.com> Sent: Monday, October 7, 2024 3:28 PM To: Patty Dolan <patty.dolan@sthubert.org> Subject: RE: St Hubert Permit Thanks for the very thorough response to all of my questions. I think that what I need to do is let you know that if you could confirm that Village on the Ponds Associator, Inc. Is named on your liability policy as an additional insured, then I, as the Manager of the Association will not be objecting on behalf of the Association to your fireworks display on November 2nd. I believe that is my appropriate response given that for me to actually ‘approve’ would probably mean I would have to obtain a resolution from the Association and we don’t have time for notices, etc., for that option. So, I will pass that conclusion on to you by separate email which you may forward to your fireworks vendor and/or the folks at the City of Chanhassen. From: Patty Dolan <patty.dolan@sthubert.org> Sent: Monday, October 7, 2024 1:33 PM To: Vernelle <Vernelle@vclayton.com> Cc: Patty Dolan <patty.dolan@sthubert.org> Subject: St Hubert Permit Vernelle – please see attached and notes: The event will take approximately ten minutes. The orange parking lots are blocked off (see map) so no one parks in the fall zone. There will be blocks (approximately 15 minutes before fireworks) A, C so no one comes through during the fireworks. See specifics below. From: Vernelle <Vernelle@vclayton.com> Sent: Monday, October 7, 2024 12:57 PM To: Patty Dolan <patty.dolan@sthubert.org> Subject: RE: St Hubert Permit Before I respond, I guess I had better clarify what exactly is involved. My only memory of fireworks at this location is a bit of public confusion last year when people were emailing to see if I knew of any explosions at Village on the Ponds. Later, we learned that it was actually fireworks. I was not aware that the street had been blocked for this event. Nor had anyone at the Church been in touch with me as the manager of the Association. So, let me ask a few questions: 1. From your marked up site plan, it appears that the street may still be passable during the time that the fireworks are being set off. While the map seems to indicate space for cars, I would think it would be unlikely that either the folks setting off the fireworks or the drivers would want that to happen. So, please confirm whether or not the street is passable for vehicular traffic during the time that fireworks are being lit/set off. No, it is not 236 2 passable. (see A) The fire truck is stationed at the top of the roundabout in case something happens. However, if there was an emergency we would stop the fireworks and the firetruck would allow passage. Summerwood has an access (B) where people come and leave and if there was an emergency, an ambulance, etc. could come in that entrance. 2. Second question regarding vehicular traffic: Can you assure the Association and the City of Chanhassen Fire Department and that access will be available from the south and around the circle during the event. Ditto as to ambulances. ( (C) is temporary blocked while the fireworks are going off. If someone wanted to leave our park lot they would exit through the south. No one from the south (off of 101) can enter into the area/roundabout in order to keep the fety – approximately 10 minutes. The orange identified parking spots are blocked so no one parks there because it is the fallout zone for fireworks. 3. All of the vegetation in what you reference as the fallout area is very dry. There will undoubtedly be sparks landing in that area. Have you arranged for a way to put out what essentially would be a grass fire if that were to occur. Yes, the firetruck is onsite. They make the call if it is too dry to have fireworks. They make that call that day and/or up to the time of fireworks. 4. Will you be having volunteers stationed at the intersections at Lake Drive and Hwy 101 so that emergency vehicles can be let in but the general traffic will not? Volunteers will be stationed at A, C, D during the fireworks. All viewers watching the fireworks stay on the grass and would not be an obstacle for vehicles/emergency vehicles., etc. 5. Will your insurance coverage for the event include listing the Association as an additional insured? Yes we can add them. From: Patty Dolan <patty.dolan@sthubert.org> Sent: Monday, October 7, 2024 12:00 PM To: Vernelle <Vernelle@vclayton.com> Cc: Patty Dolan <patty.dolan@sthubert.org> Subject: FW: St Hubert Permit Vernelle: The Feast of St Hubert is November 2. We have Bingo, a meal and fireworks. We have filed for the permit for fireworks, but now the city is asking for permission to use the road? See note below. Are you able to provide me a permission letter to have our fireworks. Please see attached letter also. Thank you. See below: Are you able to able to get a letter of permission from the Village stating that you can use the property? From: Tracy Vanasek <tracy@respyro.com> Sent: Monday, October 7, 2024 11:22 AM 237 3 To: Gabbie Geraty <gabbie.geraty@sthubert.org> Cc: Cory Stinar <cory@respyro.com> Subject: St Hubert Permit Hi Gabby, The City of Chanhassen would like additional information to process the fireworks permit application. I know there’s never been a problem in the past, so I’m not sure where this is coming from, but please see below: -- A request for additional information has been added to your Permit Application for the property at 8201 MAIN ST. Comment: The Location of the Shoot site is Technically a Private road and would have to be coordinated with the village of the ponds association, proof of their acceptance to use their property is required. Further that is a road that is travelled by the public and no traffic control is shown on the paperwork that closes them. -- Are you able to able to get a letter of permission from the Village stating that you can use the property? Also, I’ve attached the site map. Can you mark where and note how you close the roads? Let me know if you have any questions. Thanks, Tracy 238 4 Tracy Vanasek / VP Services & Sales tracy@respyro.com / 612-750-7672 RES Pyro Office: 952-873-3113 / Fax: 952-873-2859 21595 286th Street Belle Plaine, MN 56011 www.respyro.com 239 St Hubert Catholic Community November 2nd, 2024 Maximum Diameter Effect: 1.75” NFPA 1123 Fallout Zone Radius: 125 ft Shoot site Fallout zone NSpectators Parking Marked No Parking 240 CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS WC STATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Acrisure,LLC dba Britton Gallagher &Associates One Cleveland Center,Floor 30 1375 East 9th Street Cleveland OH 44114 216-658-7100 216-658-7101 info@brittongallagher.com Everest Denali Insurance Company 16044 2027 James River Insurance Company 12203RESSpecialtyPyrotechnicsInc 21595 286th Street Belle Plaine MN 56011 Axis Surplus Ins Company 26620 468974893 B X 1,000,000 100,000 X 1,000,000 5,000,000 2,000,000 P0000000601 4/1/2024 3/1/2025 X A 1,000,000 X X X SI8CA00190-241 4/1/2024 4/1/2025 C X 5,000,000 5,000,000 P001000273872-05 4/1/2024 4/1/2025 X 10/14/2024 Additional Insured extension of coverage is provided by above referenced General Liability policy where required by written agreement. Display Date:Saturday,November 2,2024 Location:St.Hubert Catholic Community;8201 Main Street,Chanhassen,MN City of Chanhassen,MN;St.Hubert Catholic Community;Village on the Ponds Association;Village on the Ponds Associator,Inc. St.Hubert Catholic Community 8201 Main Street Chanhassen MN 55317 241 City Council Item October 28, 2024 Item Approve Encroachment Agreement at 2300 Lukewood Drive authorizing placement of a shed in Conservation Easement File No.Item No: E.8 Agenda Section CONSENT AGENDA Prepared By Jamie Marsh, Environmental Resource Specialist Reviewed By Eric Maass SUGGESTED ACTION "The Chanhassen City Council approves the proposed Encroachment Agreement at 2300 Lukewood Drive authorizing the placement of a shed in the Conservations Easement." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY The property owner at 2300 Lukewood Drive would like to place a moveable shed within a portion of their property which is encumbered by a conservation easement. The conservation easement is in favor of the City of Chanhassen and as a result the property owner must gain approval from the City in order to encroach into that easement. City staff has inspected the site and found that the proposed location will not impact native vegetation and supports the proposed shed location based on the conditions outlined in the Encroachment Agreement. BACKGROUND DISCUSSION 242 BUDGET RECOMMENDATION Staff recommends approval of the Encroachment Agreement as drafted. ATTACHMENTS Encroachment Agreement - 2300 Lukewood Drive 243 1 (reserved for recording information) ENCROACHMENT AGREEMENT AGREEMENT made this ____ day of _____________, 2024, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (“City”), and MICHAEL BIERDEN and LONA BIERDEN, married to each other, (collectively the “Owners”). 1. BACKGROUND. Owners are the fee owners of certain real property located in the City of Chanhassen, County of Carver, State of Minnesota, legally described as follows: Parcel ID No. 25.1290040 Lot 1, Block 1, MINGER ADDITION (abstract) having a street address of 2300 Lukewood Dr., Chanhassen, Minnesota 55317 (“Subject Property”). The City owns an easement for conservation purposes over portions of the Subject Property (“Easement Areas”). Owners desire to construct a shed on the Subject Property that encroaches on the City’s Easement Area as depicted on the attached Exhibit “A” (consisting of two pages) (“Improvement”). 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in its Easement Areas on the Subject Property of the Improvement conditioned upon 244 2 a removable shed in the area where the shed encroaches on the conservation easement. Further conditions of encroachment approval are as follows: • The Improvement must not impede on the growth of existing native vegetation. • The Improvement must adhere with City Code Section 20-904 which establishes performance standards related to accessory structures. • The Improvement shall be placed on the Subject Property and must not cross the property lines. • The City shall have no responsibility to maintain the Improvements located in the Easement Areas. • Owners must maintain the Improvements located on the Subject Property. • Owners are fully responsible and liable for any and all damage caused to the Improvements. • There shall be no removal, alteration or damage to existing native vegetation in order to construct, maneuver or place the Improvement. • If there is a concern that any vegetation will damage the Improvement, the Improvement should be relocated rather than removing or altering vegetation. Further, Owners agree that the Improvements shall be or are constructed consistent with all applicable federal, state and local laws and regulations. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the Easement Areas, Owners, for themselves, their heirs, successors and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the Subject Property, including the Improvements and removal of Improvements or portions thereof in the Easement Areas, caused in whole or in part by the encroachment into the Easement Areas. 4. TERMINATION OF AGREEMENT. The City may terminate this Agreement at any time if it is deemed reasonably necessary and that termination determination will be made at the sole discretion of the City. Prior to termination, the City will give the then owners of the Subject Property thirty (30) days advance written notice, except that no notice period will be required in the case of an emergency condition as determined solely by the City and this Agreement may then be terminated immediately. The property owners shall remove that portion of the Improvements to the extent the Improvements impact the Easement Areas to the effective date of the termination 245 3 of this Agreement. If the owners fail to do so, the City may remove the Improvements to the extent the Improvements impact the Easement Areas and charge the cost of removal back to the owners for reimbursement. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. CITY OF CHANHASSEN By ___________________________________ (SEAL) Elise Ryan, Mayor And __________________________________ Laurie Hokkanen, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _______ day of __________________, 2024, by Elise Ryan and by Laurie Hokkanen, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ____________________________________ Notary Public 246 4 PROPERTY OWNERS: _____________________________________ Michael Bierden _____________________________________ Lona Bierden STATE OF MINNESOTA ) )ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ______ day of __________________, 2024, by Michael Bierden, as joint tenant. ____________________________________ Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ______ day of __________________, 2024, by Lona Bierden, as joint tenant. ____________________________________ Notary Public 247 5 EXHIBIT “A” Page 1 of 2 248 6 Page 2 of 2 249 City Council Item October 28, 2024 Item Resolution 2024-XX; Authorize condemnation of land associated with the TH 41 Roundabout project File No.ENG 24-05 Item No: E.9 Agenda Section CONSENT AGENDA Prepared By Charlie Howley, Director of Public Works/City Engineer Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council approves a resolution authorizing acquiring temporary and permanent easements, and Right of Way Fee taking, over portions of PID numbers 250940010 and 250940020 associated with the Hwy 41 Roundabout project at the Minnetonka Middle School entrance." Motion Type 2/3 Vote Strategic Priority Development & Redevelopment SUMMARY The MMSW Roundabout improvement project on TH 41is planned for construction in the summer of 2025. The following three (3) parcels are being impacted by the project which requires formal easements/right of way to complete the work: Parcel 1 (PID 250940010, 6330 Hazeltine Blvd, Trouvaille Memory Care) Parcel 2 (PID 250940020, 6440 Hazeltine Blvd, undeveloped) Parcel 6 (PID 250033000, 6421 Hazeltine Blvd, Minnetonka Middle School West) The city has already acquired the needed land from MMSW parcel; however, negotiations are still ongoing for Parcels 1 & 2. In case agreements cannot be reached in the time needed to enter the property and perform the construction, condemnation may be needed. This City Council action is step one of the condemnation process. 250 BACKGROUND N/A DISCUSSION N/A BUDGET N/A RECOMMENDATION Staff recommends approving the resolution authorizing condemnation of the needed land. ATTACHMENTS Resolution Parcel 1 - Parcel Sketch Parcel 2 - Parcel Sketch 251 233165v1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: October 28, 2024 RESOLUTION NO:2024-XX MOTION BY: SECONDED BY: RESOLUTION AUTHORIZING CONDEMNATION OF LAND FOR PUBLIC PURPOSES WHEREAS,the City Council of the City of Chanhassen does hereby determine that it is necessary and for a public use and purpose to acquire temporary and permanent easements, and right of way fee taking over the property legally described on the attached Exhibit “A”, subject to engineering modifications, if any, for purposes in connection with the Minnetonka Middle School West Roundabout Improvement Project located on Trunk Highway 41; and WHEREAS, City staff and consultants have and will continue to work with the property owners to acquire the necessary lands outside of condemnation; and WHEREAS,the City Council finds that construction timing makes it necessary to acquire the necessary lands as soon as possible in order for the project to proceed in an efficient, cost effective and expeditious manner. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota: 1.That the City Attorney is authorized to commence eminent domain proceedings pursuant to Minnesota Statutes Chapter 117 to acquire the necessary temporary and permanent easements, and right of way fee taking over the property identified on the attached Exhibit “A”, subject to engineering modifications, if needed. 2.That the City Attorney is authorized to acquire the necessary property interests pursuant to the “quick take” provisions of Minnesota Statutes Section 117.042. 3.That the Mayor and City Manager are authorized to execute all documents necessary, in the opinion of the City Attorney, to effect the acquisition of the necessary property interests. 4.The City has obtained appraisals of the property being acquired. The Council authorizes the City Engineer to approve the appraisals and staff to negotiate with the property owners relating to the acquisition of the property and to acquire the property for the appraised values. 252 233165v1 PASSED AND ADOPTED by the Chanhassen City Council this 28th day of October 2024. ATTEST: Jenny Potter, City Clerk Elise Ryan, Mayor YES NO ABSENT 253 233165v1 EXHIBIT “A” Temporary and permanent easements over, under, and across the following described property: PARCEL 1 Lot 1, Block 1, BEEHIVE HOME 2ND ADDITION, Carver County, Minnesota. A temporary easement for construction purposes over, under, across and through part of the following described property: Said temporary easement being that part of said Lot 1 described as commencing at the southeast comer of said Lot 1;thence North 70 degrees 11 minutes 11 seconds West,assumed bearing,along the southerly line of said Lot 1 a distance of 44.83 feet to the point of beginning of said temporary easement; thence North 25 degrees 40 minutes 53 seconds East a distance of 9.26 feet; thence North 59 degrees 59.minutes 41 seconds East a distance of 66.26 feet to the easterly line of said Lot 1; thence northeasterly along said easterly line a distance of 76.65 feet; thence North 73 degrees 13 minutes 04 seconds West a distance of 46.19 feet;thence South 16 degrees 46 minutes 56 seconds West a distance of 20.00 feet;thence South 48 degrees 44 minutes 32 seconds West a distance of 119.02 feet;thence North 73 degrees 23 minutes 59 seconds West a distance of22.92 feet;thence South 25 degrees 40 minutes 53 seconds West a distance of 6.47 feet to the southerly line of said Lot l;thence southeasterly,along the southerly lines of said Lot 1,a distance of 85.85 feet to the point of beginning. and A perpetual easement for roadway and utility purposes over,under,across and through part of the following described property: Said perpetual easement being that part of said Lot 1 described as beginning at the southeast comer of said Lot 1;thence North 70 degrees 11 minutes 11 seconds West, assumed bearing, along the southerly line of said Lot 1 a distance of 44.83 feet; thence North 25 degrees 40 minutes 53 seconds East a distance of 9.26 feet;thence North 59 degrees 59 minutes 41 seconds East a distance of 66.26 feet to the easterly line of said Lot 1;thence southwesterly along said easterly line a distance of 59.84 feet to the point of beginning. 254 233165v1 PARCEL 2 Lot 2, Block 1, BEEHIVE HOME 2ND ADDITION, Carver County, Minnesota. A temporary easement for construction purposes, said temporary easement being that part of Lot 2 described as commencing at the southeast corner of said Lot 2; thence North 70 degrees 11 minutes 11 seconds West, assumed bearing, along the southerly line of said Lot 2 a distance of 44.83 feet to the point of beginning of said temporary easement; thence North 25 degrees 40 minutes 53 seconds East a distance of 9.26 feet; thence North 59 degrees 59 minutes 41 seconds East a distance of 66.26 feet to the easterly line of said Lot 2; thence northeasterly 73 degrees 13 minutes 04 seconds West a distance of 46.19 feet; thence South 16 degrees 46 minutes 56 seconds West a distance of 20.00 feet; thence South 48 degrees 44 minutes 32 seconds West a distance of 119.02 feet; thence North 73 degrees 23 minutes 59 seconds West a distance of 22.92 feet; thence South 25 degrees 40 minutes 53 seconds West a distance of 6.47 feet to the southerly line of said Lot 2; thence southeasterly, along the southerly line of said Lot 2, a distance of 85.85 feet to the point of beginning. and A perpetual easement for roadway and utility purposes, said perpetual easement being that part of said Lot 2 described as beginning at the southeast corner of said Lot 2; thence North 70 degrees 11 minutes 11 seconds West, assumed bearing, along the southerly line of said Lot 2 a distance of 44.83 feet; thence North 25 degrees 40 minutes 53 seconds East a distance of 9.26 feet; thence North 59 degrees 59 minutes 41 seconds East a distance of 66.26 feet to the easterly line of said Lot 2; thence southwesterly along said easterly line a distance of 59.84 feet to the point of beginning. 255 256 22414U-2 45 PATCHIN MESSNER Valuation Counselors PARCEL SKETCH 257 City Council Item October 28, 2024 Item Resolution 2024-XX; Application for a MnDOT Active Transportation Planning Assistance Grant File No.N/A Item No: E.10 Agenda Section CONSENT AGENDA Prepared By Charlie Howley, Director of Public Works/City Engineer Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council approves a resolution authorizing submittal of an application for a MnDOT Active Transportation Planning Assistance Grant." Motion Type Simple Majority Vote of members present Strategic Priority Financial Sustainability SUMMARY Chanhassen doesn't currently have a specific plan covering the topic of active transportation but does support the vision of a more walkable community. This program will help the city create an active transportation plan with help from a consultant contracted through MnDOT. The goal is to help more people safely walk and bicycle to destinations where they live, work and play. Active transportation plans will include: Analysis of existing conditions Community engagement Identification of ways to improve infrastructure Identification of ways to encourage active transportation This is a competitive application process, and there is no guarantee that Chanhassen will be awarded a grant. An award of this grant is for development of a plan only and does not commit or tie any future 258 projects or funding. Future projects will need to developed and funded as applicable and appropriate. BACKGROUND The steps for the Planning work are as follows: City to attend informational webinar in October 2024 - Done City to submit application by Nov. 22, 2024 MnDOT to announce awards in January 2025 Consultant to begin work in spring 2025 Consultant expected to finish work by June 2026 City to adopt plan and begin implementation as applicable, Summer 2026 DISCUSSION N/A BUDGET If a grant is awarded, it fully covers the cost of the consultant to prepare the plan, and therefore will be no cost to the City other than staff time involvement. RECOMMENDATION Staff recommends approving the resolution authorizing submittal of the grant application. ATTACHMENTS Resolution 2024 AT Planning Assistance Guide Active Transportation Program Webinar Slides 259 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: October 28, 2024 RESOLUTION NO:2024-XX___ MOTION BY: SECONDED BY: RESOLUTION AUTHORIZING SUBMITTAL OF A MNDOT ACTIVE TRANSPORTATION PROGRAM PLANNING ASSISTANCE GRANT APPLICATION WHEREAS,The City of Chanhassen supports Active Transportation elements but does not currently have an Active Transportation Plan; and WHEREAS,theMinnesota Department of Transportation (MnDOT) has made available a grant program for planning assistance for the creation of Active Transportation Plans of which Cities are eligible; and WHEREAS,if successful in a grant award, there is no cost to the City other than staff time involvement; and WHEREAS,applications for the grant are due by November 22, 2024. NOW THEREFORE, BE IT RESOLVED THAT THE CHANHASSEN CITY COUNCIL supports the submittal of a MnDOT Active Transportation Program Planning Assistance Grant Application. PASSED AND ADOPTED by the Chanhassen City Council this 28th day of October 2024. ATTEST: Jenny Potter, City Clerk Elise Ryan, Mayor YES NO ABSENT 260 2024 Active Transportation Planning Assistance Application Guide 1 Active Transportation Planning Assistance Application Guide September 2024 261 2024 Active Transportation Planning Assistance Application Guide 2 Prepared by The Minnesota Department of Transportation 395 John Ireland Boulevard Saint Paul, Minnesota 55155-1899 Phone: 651-296-3000 Toll-Free: 1-800-657-3774 TTY, Voice or ASCII: 1-800-627-3529 To request this document in an alternative format Please call 651-366-4718 or 1-800-657-3774 (Greater Minnesota). You may also send an email to ADArequest.dot@state.mn.us. 262 2024 Active Transportation Planning Assistance Application Guide 3 Table of Contents Table of Contents .......................................................................................................................................................3 Active Transportation Program Planning Assistance Overview .............................................................................4 Active Transportation Program Resources .........................................................................................................5 Benefits of Active Transportation.......................................................................................................................5 General Information ...............................................................................................................................................5 Public Data ..........................................................................................................................................................5 Record Keeping and Audit ..................................................................................................................................6 Affidavit of Noncollusion ....................................................................................................................................6 Conflicts of Interest ............................................................................................................................................6 Organizational Conflicts of Interest ....................................................................................................................7 Financial Review Process ..................................................................................... 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Eligible Applicants ...............................................................................................................................................7 Funding Information ...........................................................................................................................................7 Application Process and Information .....................................................................................................................8 Application Instructions ......................................................................................................................................8 Informational Webinars .....................................................................................................................................8 Submitting Your Application ...............................................................................................................................8 Application Notification ......................................................................................................................................8 Application Questions ........................................................................................................................................8 Application Guidance .........................................................................................................................................8 2024 Planning Assistance Scoring Criteria and Review Process .......................................................................... 12 Applicant Classification by Community Size .................................................................................................... 12 2024 Active Transportation Program Planning Assistance Scoring Criteria ........................................................ 14 263 2024 Active Transportation Planning Assistance Application Guide 4 Active Transportation Program Planning Assistance Overview These instructions are for Active Transportation Program planning assistance applications awarded pursuant to Minn. Stat. § 174.38. Through planning assistance awards, the Minnesota Department of Transportation (MnDOT) will support Active Transportation Action Plans for communities, tribes, cities, and counties across Minnesota. Successful applicants will receive: • planning assistance provided by a statewide planning consultant • recommendations of policy and programming activities to augment suggested infrastructure improvements • demonstration project or other engineering-based technical assistance Active Transportation Action Plans will include an analysis of existing conditions, public outreach and identification of potential infrastructure and non-infrastructure solutions to work towards the State’s goal of helping more people walk and bicycle safely to destinations where they live, work, and play. Successful applicants to this solicitation will also receive a demonstration project (including installation support and materials) or other engineering-based technical assistance for a sub-project of the planning assistance process. A demonstration (or quick build) project uses temporary materials to show how future changes to a street might look and feel like. Other implementation support could include a cost scoping estimate, engineering sketch, or data evaluation. More information on the planning process and type of assistance available through this program is available on the Active Transportation Program webpage. The American Association of State Highway and Transportation Officials defines Active Transportation as: “Using human-powered means of travel to get from one place to another, which includes walking, bicycling, and the use of mobility assistive devices; and may also incorporate other human-scale modes like electric-powered, electric-assisted, or micromobility devices such as e-bikes and e-scooters.” Applicants for planning assistance should be prepared to support plan development by providing information, convening a new or existing local advisory group, helping to coordinate and lead community engagement (e.g. focus groups, talking circles), helping to arrange and publicize public workshops, preparing and printing some planning process materials, and participating in identifying local issues and solutions that will help more people walk and bicycle to destinations. Applicants should also be able to demonstrate a commitment to implementing the plan once it is complete. Please note: This plan is broader than engineering and infrastructure improvement identification. The Active Transportation Plan will include policy recommendations and programmatic activities that a community should engage in. Therefore, partners should be apprised of the need for both programs and city/county/tribal infrastructure improvements that may result from an Active Transportation Action Plan and be committed to these outcomes when applying. Planning awards are intended to begin work in Winter of 2025, completing work by Winter or Spring 2026, dependent on the timing of the supplemental demonstration project installation. 264 2024 Active Transportation Planning Assistance Application Guide 5 Active Transportation Program Resources Many resources are available to applicants considering how planning assistance may advance active transportation work in a community: • MnDOT Bicycle Planning Webpage • MnDOT Pedestrian Planning Webpage • MnDOT Advancing Transportation Equity Initiative • FHWA Small Town and Rural Multimodal Networks Guide • Pursuing Equity in Pedestrian and Bicycle Planning • FHWA Safe Transportation for Every Pedestrian • BikeMN’s Bikeable Community Workshops • MDH Walkable Community Workshops • AARP’s Livable Communities Library Benefits of Active Transportation In addition to increasing transportation options, improving active transportation in your community can have significant positive impacts on public health, economic vitality, greenhouse gas emission reduction, social connection, household economics, and more. Applicants will have the opportunity to appoint community members to a local working group (see the guidance for application Part 5 below) who can help ensure these co- benefits are incorporated into the completed Active Transportation Action Plans of selected communities. General Information Responders must adhere to all terms of this RFP. All costs incurred in responding to this RFP will be borne by the responder. Public Data Pursuant to Minn. Stat. § 13.01 et seq., names and addresses of applicants will be public data once responses are opened. All remaining data in proposed responses (except trade secret data as defined and classified in § 13.37) will be public data after the evaluation process is completed (for the purposes of this program, when all program agreements have been fully executed). All data created or maintained by the Minnesota Department of Transportation as part of the evaluation process (except trade secret data as defined and classified in § 13.37) will be public data after the evaluation process is completed (for the purposes of this program, when program agreements have been fully executed). Pursuant to Minn. Stat. 13.03, subd. 1, all government data collected, created, received, maintained or disseminated by a government entity shall be public unless classified by statute, or temporary classification pursuant to section 13.06, or federal law, as nonpublic or protected nonpublic, or with respect to data on individuals, as private or confidential. The responsible authority in every government entity shall keep records containing government data in such an arrangement and condition as to make them easily accessible for 265 2024 Active Transportation Planning Assistance Application Guide 6 convenient use. Photographic, photostatic, microphotographic, or microfilmed records shall be considered as accessible for convenient use regardless of the size of such records. Record Keeping and Audit Generally accepted accounting principles (GAAP) refer to a common set of accepted accounting principles, standards, and procedures that a recipient, and any third-party contractor, and their accountants must follow when they compile their financial statements. (See also Minn. Stat. section 15.17, subd. 1) The records must permit audit verification of cost allocations claimed during the contract period. It is important to keep good records for all labor and material expenditures. Only reasonable costs directly related to and necessary for conducting the business of the public transit system are allowed. A cost is considered reasonable if, in its nature or amount, it does not exceed that which would be incurred by a prudent person as ordinary and necessary for the operations. Regardless of when an expense invoice is received or paid by the recipient, the expense must be billed to MnDOT during the agreement period in which the expense was incurred. If applicable, the financial records of the recipient must be audited. Audits occur by the MnDOT audit department and when applicable, as part of an independent audit. Monthly progress reports will be delivered to the MnDOT Project Manager for each community receiving planning assistance through the program from the start of the planning process through plan completion. Selected communities and the consultant will be expected to work together to submit accurate, timely progress reports. MnDOT Not Obligated To Complete Project This RFP does not obligate MnDOT to award a Contract or complete the project, and MnDOT reserves the right to cancel the solicitation if it is considered to be in its best interest. Proposal Certifications By submitting a Proposal, responders warrant that the information provided is true, correct and reliable for purposes of evaluation for potential Contract award. The submission of inaccurate or misleading information may be grounds for disqualification from Contract award and may subject the responder to suspension or debarment proceedings, as well as other remedies available to MnDOT, by law. Affidavit of Noncollusion Responders must complete the attached “Affidavit of Noncollusion” and submit it as part of the proposal. Conflicts of Interest Responders must provide a list of all entities with which it has relationships that create, or appear to create, a conflict of interest with the work that is contemplated in this RFP. This list should indicate the mane of the entity, the relationship and a discussion of the conflict. Responders must complete the attached “Conflict of Interest Checklist and Disclosure Form” and submit it as part of the proposal. 266 2024 Active Transportation Planning Assistance Application Guide 7 Organizational Conflicts of Interest The responder warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances, which could give rise to organizational conflicts of interest. An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons, a vendor is unable or potentially unable to render impartial assistance or advice to MnDOT, or the successful responder’s objectivity in performing the Contract work is or might be otherwise impaired, or the successful responder has an unfair competitive advantage. The responder agrees that, if after award, an organizational conflict of interest is discovered, an immediate and full disclosure in writing must be made to MnDOT, which must include a description of the action, which the successful responder has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, MnDOT may, at its discretion, cancel the Contract. In the event the responder was aware of an organizational conflict of interest prior to the award of the Contract and did not disclose the conflict to MnDOT, MnDOT may terminate the Contract for default. The provisions of this clause must be included in all subcontracts for work to be performed similar to the service provided by the prime contractor, and the terms “contract,” “contractor,” and “contracting officer” modified appropriately to preserve MnDOT’s rights. Eligible Applicants To ensure that the Active Transportation Program is available to a broad range of stakeholders, both public and non-profit entities may submit applications for funding. Eligible entities are: • (1) political subdivisions; • (2) tax-exempt organizations under section 501(c)(3) of the Internal Revenue Code, as amended; and • (3) federally recognized Indian Tribes. It is up to each applicant to determine what type of plan will work best in the community. If a plan would be most beneficial to combine multiple cities, neighborhoods, or a corridor than an application should identify a lead entity that will work with each stakeholder to guide the contractor through the process and take ownership of the project. Funding Information The successful applicants will receive planning services from a selected transportation planning consultant but will not receive funding directly from MnDOT. This solicitation will award up to $1,000,000 of state Active Transportation Program funds each year from 2024 through 2026 (to be split among successful applicants) toward statewide planning consultant services and does not require a local match. MnDOT enters directly into a contract with a statewide planning consultant to provide planning services to successful applicants. Monthly progress reports will provide updates on opportunities and challenges encountered through the duration of the project to MnDOT. Invoicing during the period of technical support will be handled by the Consultant through MnDOT’s Consultant Services process. 267 2024 Active Transportation Planning Assistance Application Guide 8 Application Process and Information Application Instructions Completed applications must be submitted by 5 p.m. on Friday, November 22, 2024 online and include: 1. Completed online application form 2. Letters of support uploaded with application The application should be completed online. If you are unable to do so, please contact Will Wlizlo (william.wlizlo@state.mn.us) Informational Webinars Three webinars will be provided to go over the Active Transportation Program application requirements. Join the meeting using the links provided on the Active Transportation Planning Assistance web page or email the Active Transportation Coordinator Will Wlizlo (william.wlizlo@state.mn.us) for more information. Both webinars will cover the same materials, it is not necessary to attend both. Submitting Your Application Applications must be submitted by 5 p.m. on Friday, November 22, 2024 via online submission. Application Notification Awards for planning assistance will be announced in Winter 2024 and implemented beginning in early 2025. MnDOT reserves the right to cancel awards, when necessary. Application Questions If you have questions about the program or application please submit them to Will Wlizlo (william.wlizlo@state.mn.us). All questions and answers will be posted to an FAQ document on the MnDOT Active Transportation Program website. Application Guidance The application is online. Use this guide to assist in answering the questions. Information on evaluation criteria will follow this section. Part 1: Project Lead Contact Information Please list the name of the organization applying for planning assistance and the application lead’s contact information. This person will be notified of final decisions and will be expected to communicate award announcements to the rest of the Active Transportation Program partners. The project lead will represent the 268 2024 Active Transportation Planning Assistance Application Guide 9 planning team during project submission and will be invited to participate in development opportunities during the planning process. This section is not scored. Multiorganization collaboration is not evaluated for this program. Scoring criteria do not take multiorganization collaboration into account. Part 2: Community Information Sheet Please provide name and population data for each community (or neighborhood if more applicable) that will be involved in the planning process. You will also be asked to provide the scope of the planning area (citywide, regional, tribal lands, etc.) Lastly, applicants will be asked to summarize the scope and scale of their planning assistance request. (“A community-wide bicycle master plan,” or “Planning for walking and bicycling connections along and across county road 12345 through town,” for example.) This section is not scored. Part 3: Equity – Reaching Priority Populations A. Equity: Reaching Priority Populations (30 points) MnDOT’s Active Transportation Program aims to achieve equitable outcomes by funding initiatives that prioritize communities who are more likely to rely on active transportation, are more vulnerable to unsafe traffic conditions, or have experienced historic disinvestment. The Active Transportation Equity Score uses 15 indicators to identify locations in Minnesota that likely have a greater need for Active Transportation investment. The maximum score awarded to a hexagon in the analysis was 13 points. Points will be awarded to applicants proportionally compared to the maximum awarded score based on the applying community’s equity score. Calculations of equity scores will be conducted by MnDOT Office of Transit and Active Transportation staff. The scores to be used can be viewed on MnDOT’s Active Transportation Equity Score Web App. This app allows viewers to preview scores throughout the state and develop an understanding of how scores will be calculated. As an example, the table below shows scores and the percentage of the total area for a hypothetical application. OTAT Staff would calculate an area-weighted average to arrive at an overall score for the area in question. For this example, assume the applying area is 2.5 hexagon area units. The following table shows how the area- weighted average would be calculated. Hexagon Score Percentage of Total Final Score 4 20% 0.8 5 20% 1 8 20% 1.6 269 2024 Active Transportation Planning Assistance Application Guide 10 Hexagon Score Percentage of Total Final Score 9 40% 3.6 Total 100% 7 For corridor planning projects, the length of the corridor will be used in the weighted average calculation instead of area. B. Narrative Response (15 Points) Applicants will be asked to provide information about how the proposed plan will address equity in any way that would not be readily identified by the Active Transportation Equity Tool. This could include finding ways to mitigate barriers within the community, provide broader access to a community resource, address historic disinvestment, or invest in communities that have been historically marginalized. The best answers will describe specific locally relevant priority populations and how those groups will be included in the project. Priority populations include people of color, children and youth, Native American populations, people with low incomes, small rural communities, older adults, and people with disabilities. More information about MnDOT’s approach to transportation equity can be found in the Advancing Transportation Equity Initiative. Part 4: Project Need A. Please use this section to describe the unique barriers and needs your community, tribe, city, or county have that makes walking and biking challenging for people. Describe how this planning process will engage the community and key stakeholders to identify policy, systems and built environment changes to improve walking and biking conditions for all. (15 points) B. MnDOT adopted a target to reduce vehicle miles traveled, or VMT, by 14% statewide and per capita by 2040. Describe how this planning process will help convert trips to active travel modes in your community. Applicants might consider improving access to destinations, reducing travel distances between locations via nonmotorized modes, complementing land use policies, reducing greenhouse gas emissions, or other outcomes in the answer. (10 points) C. Describe how this plan fits into and/or supports larger community goals. Applicants might consider comprehensive planning efforts, city/county/tribal transportation plans, local public health initiatives, school district wellness policies, traffic safety goals, complete streets policies and active living plans in the answer. (5 points) D. Please describe challenges or possibilities in your community related to implementing a demonstration project or engineering-based technical assistance that will be provided as a part of the planning process. (Selected communities will have the opportunity to implement a demonstration project, conduct a cost scoping estimate, or receive an engineering sketch or data evaluation related to a part of the Active Transportation Action Plan as it develops.) Applicants may describe potential 270 2024 Active Transportation Planning Assistance Application Guide 11 demonstration project locations, previous resident feedback, local initiatives, community engagement, or other conditions that may impact this sub-project in any way. (5 points) Part 5: Active Transportation Program Team Members and Local Support A robust, well rounded and engaged Active Transportation Program team is critical for the successful development and implementation of an Active Transportation Program Plan. The applicant should aim to demonstrate individual commitment to the team from a variety of sectors. A. Please provide a team leader who will co-lead the planning process with the statewide consultant and assist with organizing meetings, local engagement, and tracking progress on the plan. B. Please provide the Active Transportation Program with the following information in the question A table: a. Provide names and/or titles of active/committed team members b. Provide their role on the team and how they will contribute to plan development and implementation. Examples of roles may include team lead, city planning support, community outreach, etc. Consider the skills, knowledge or connections that could be valuable for during the planning process that is unique to each of these individuals. More ideas on how various team members can contribute to an Active Transportation Program team. Part 6: Existing Conditions and Implementation Support A. If there are any plans, policies, or construction that would positively or adversely affect the progress of Active Transportation Program work in your community, please describe them and provide relevant links to supporting documentation. This question is not scored. Types of plans, policies, or projects may include but are not limited to: - Pedestrian Master Plan - Bicycle Master Plan - Safe Routes to School Comprehensive Plan - Complete Streets policy - Community development or comprehensive plan - Capital improvement plan or CIP - Corridor study or engineering study - Historic district designations or other land use ordinances - Upcoming highway expansion project plan - No bicycling or walking policies B. Using the 6Es—education, encouragement, engagement, equity, engineering and evaluation—briefly discuss the Active Transportation Program specific activities that currently happen in your community or have occurred within the last two years. (5 points) Examples might include: - Crosswalk safety campaigns - Bike rodeos or safety courses - Infrastructure improvements for walking and biking 271 2024 Active Transportation Planning Assistance Application Guide 12 - Teaching Walk! Bike! Fun! curriculum or components of the curriculum - Bike Libraries or bike share programs - Community engagement related to walking and biking C. What is your team’s vision for a successfully implemented Active Transportation Action Plan? In other words, what is the best outcome that you can imagine from a completed plan? What do you plan to accomplish after the planning process? Please consider including who will be involved and by when in your implementation. (10 points) Part 7: Supporting Documentation Please attach the following supporting documentation: 1. City staff, City administrator, or Tribal Council letter of support from each community that will be covered in the plan and/or a County official letter if this will be a County or Regional level plan. 2. Letter of support from the local partner (Pedestrian/Bicycle group, Local Public Health, SRTS or TZD committee, etc.) 3. Affidavit of Noncollusion 4. Conflict of Interest form 2024 Planning Assistance Scoring Criteria and Review Process In order to be evaluated, applications must be: • Submitted by the deadline; • Complete; and, • Meet eligibility requirements Part 2 – Part 7 will be evaluated using the criteria explained in the “2024 Active Transportation Program Planning Assistance Scoring Criteria” section. Review committees include internal MnDOT staff and partner agencies. The Active Transportation Advisory Committee recommends adoption of award decisions. Applicant Classification by Community Size Program administrators will be grouping applicants by Legislative City designations to accurately compare similar communities in lieu of dividing applicants by metro and greater Minnesota. Cities are classified by population under Minnesota Statutes, section 410.01. Cities are divided, for legislative purposes, into four classes. 1. First class: Cities with more than 100,000 inhabitants. Once a city is in the first class, it is not reclassified 272 2024 Active Transportation Planning Assistance Application Guide 13 unless its population decreases by 25 percent from the census figures that last qualified the city as first class. 2. Second class: Cities with a population between 20,001 and 100,000 3. Third class: Cities with a population between 10,001 and 20,000 4. Fourth class: Cities with not more than 10,000 inhabitants During application review, towns and townships will be grouped with fourth class cities. MnDOT will consider tribal entities as an additional fifth classification during application review. A tribal entity applying for this opportunity will not be required to deny its sovereignty as a requirement or a condition of applying for or receiving planning assistance, per Minn. Stat. § 16C.05, subd. 7. Population by Type of Local Government and Class As of the state demographer’s 2018 estimates, the state’s total population is 5,629,416 and is distributed among these classifications of cities, and in towns or unorganized areas as follows: Note: Based on 2010 census and 2018 estimates data from the state demographer’s website. Counties or Tribal Governments who apply will be considered based on their population with the corresponding city classification. Collaborative applications between entities will be classified based on the population of the largest applying entity. MnDOT commits to selecting at least one proposal from each classification in which there is an applicant. 273 2024 Active Transportation Planning Assistance Application Guide 14 2024 Active Transportation Program Planning Assistance Scoring Criteria Questions In order to get points indicated, the response meets these criteria: Part 1-2 These sections are reviewed by the selection committee but not scored. No Points Part 3: The community information sheets will be ranked by the committee on the following criteria: A) Equity Score to prioritize resources towards marginalized populations and communities (30 points) B) Narrative response to how the potential plan would advance equity (15 points) Part 3A: 0-30 points The number of points received for the equity score are a weighted average of the application’s subject area as a percentage multiplied by the number of points available. Continuing the example from earlier in the guide, a community scoring 7 out of 13 would receive a score of: (7/13) x 30 = 16 (with any rounding to the nearest whole point). In this example, the application would score 16 points for this section. Part 3B: 0-15 points 0-5 Points: Application does not or minimally describes how a planning process will improve equitable outcomes for locally relevant priority populations. Does not include a statement of why transportation equity is important to the community. 6-10 Points: Application identifies some potential opportunities to advance transportation equity within the planning area. Examples may lack specificity or development. Locally relevant priority populations are mentioned, but participation in the planning process is limited. Includes a statement of why transportation equity is important to the community. 11-15 Points: Specific, detailed opportunities to advance transportation equity are identified. Locally relevant priority populations are included in the planning process and are expected to have decision- 274 2024 Active Transportation Planning Assistance Application Guide 15 Questions In order to get points indicated, the response meets these criteria: making power. Includes a compelling statement of why transportation equity is important to the community. Part 4: A) Description of need and use of plan, and potential to get more people walking and bicycling. B) Description of how plan will reduce vehicle miles traveled VMT in community. C) How does this plan fit into community goals? D) Description of barriers and opportunities related to engineering-based technical assistance sub- project. Part 4A: 0-15 Points 0-5 Points: Application does not have a clear sense of how this plan will advance walking and bicycling. 6-10 Points: Application identifies either need for the plan or potential to get people walking and bicycling, but not both. 11-15 Points: Application responds to multiple aspects of active transportation with an understanding of how the plan will move the community towards the stated goals. Part 4B: 0-10 Points 0-5 Points: Application does not have a clear sense of how this plan will help convert trips to walking, bicycling, and other active modes; reduce VMT in the community; or increase access to active transportation in communities with lower rates of personal vehicle ownership. 6-10 Points: Application demonstrates how an Active Transportation Action Plan will reduce mode share of single-occupant automobiles; increase mode share of walking, bicycling, and other active modes; or increase access to active transportation in communities with lower rates of personal vehicle ownership. Part 4C: 0-5 Points The successful applicant will clearly describe how the Active Transportation Program fits into their community goals. Part 4D: 0-5 Points 0-3 Points: Application will identify a barrier OR 275 2024 Active Transportation Planning Assistance Application Guide 16 Questions In order to get points indicated, the response meets these criteria: opportunity related to the engineering-based technical assistance sub-project. 4-5 Points: Applicant will describe barriers AND opportunities related to the engineering-based technical assistance sub-project. Part 5: Active Transportation Team members and roles Part 5: 20 Points 0-9 Points: Most of the team is missing or is not yet identified 10-12 Points: There is a good mix of team members, could use more support 13-17 Points: There is a good mix of team members and necessary partners are involved with clear and unique roles, however a locally relevant priority population ambassador is not identified. 18-20 Points: There is a good mix of team members, all necessary partners are involved, and a locally relevant priority population ambassador is identified. Top scoring applications will identify a specific engagement strategy or objective in the contribution column for the priority population ambassador. Part 6: A) Provide any existing plans, policies, or upcoming projects in the community with supporting documentation. B) Using the 6Es, discuss existing Active Transportation Program activities. C) What is your team’s vision for a successful Active Transportation Plan? What do you plan to accomplish after the planning process? Part 6A: Not scored Part 6B: 0-5 Points 0 Points: No Active Transportation work is occurring 1-3 Points: Some work has happened in the past or is occurring in some of the E areas. 5 Points: Active Transportation activities are happening, and clearly described in the application. Part 6C: 0-10 Points The successful applicant will have a clearly demonstrated vision including who will be involved and the timeline for future accomplishments is comprehensive. 276 2024 Active Transportation Planning Assistance Application Guide 17 Questions In order to get points indicated, the response meets these criteria: Part 7: Supporting Documentation Part 7: (5 Points) 0 Points: Supporting documents are not attached. Without both letters of support, Affidavit of Noncollusion, and Conflict of Interest form, application is disqualified. 5 Points: Supporting documents are attached. Letters are unique in nature describing individual or organizational roles in planning and implementation. Affidavit of Noncollusion and Conflict of Interest form are complete. Application Total ___ / 120 points 277 Active Transportation Program | Planning Assistance Will Wlizlo, Active Transportation Coordinator www.mndot.gov/active-transportation-program 278 Your Presenter: Will Wlizlo •Active Transportation Coordinator •Contact William.Wlizlo@state.mn.us mndot.gov 279 What we’ll cover today •Active Transportation Planning in Minnesota •What is a Planning Assistance Grant? •Application Timeline •Application Guide •Scoring Criteria •Questions about the program? 10/10/2024 www.mndot.gov/active-transportation-program 3 280 What is Active Transportation? Active Transportation (AASHTO) •“Using human-powered means of travel to get from one place to another, which includes walking, bicycling, and the use of mobility assistive devices; and may also incorporate other human-scale modes like electric-powered, electric-assisted, or micromobility devices such as e-bikes and e-scooters.” •Aligns with the definition of active transportation in MN Statute 10/10/2024 www.mndot.gov/active-transportation-program 4 281 How do we imagine Active Transportation? 10/10/2024 www.mndot.gov/active-transportation-program 5 Building social connections between people in communities Reducing the environmental impacts of transportation Improving safety outcomes for people using the system Improving public health outcomes 282 AT Planning Assistance Grants 283 What is AT Planning Assistance? •Competitive process to receive technical planning assistance through a MnDOT consultant contract. •Deliverable: Action Plan •Planning process occurs over 5-8 months •Focus on engagement and connecting with key community stakeholders. •NEW! Includes a smaller planning process: Supplemental technical assistance 10/10/2024 www.mndot.gov/active-transportation-program 7 284 How can a Planning Assistance Grant help me? •Create a shared vision for active transportation in your community •Assess what’s working well now, and what could be improved in the future •Connect with community members to understand unique challenges, especially for those who face increased barriers to getting around •Convene stakeholders—familiar and new—to discuss unique roles in achieving future change •Introduce local engagement, implementation, and evaluation tools to the local toolbox 10/10/2024 www.mndot.gov/active-transportation-program 8 285 How does the planning process work? 10/10/2024 www.mndot.gov/active-transportation-program 9 Discovery •Identify stakeholders •Create Vision and Goals •Assess current conditions • • Putting the Plan Together •How can the community make the vision happen? •Who is responsible for different aspects of implementation? 286 What do you mean by Action Plans? •Active Transportation Action Plans may look different for different communities •Bike/ped/micromobility plans •Corridor plan that impacts active transportation for wider community •Connections to parks and other community amenities •Other plans (it’s worth asking in advance if you have something unique in mind) 10/10/2024 www.mndot.gov/active-transportation-program 10 287 Where do I go to apply? 10/10/2024 www.mndot.gov/active-transportation-program 11 MnDOT’s Active Transportation Program Website •Information about Planning Assistance •Guide for completing application •Scoring rubric •Downloadable application outline •Web -based application – all applications must be submitted online 288 Who is eligible to apply? •Cities •Special park districts •Counties •Federally recognized tribal nations •Regional development organizations •Metropolitan planning organizations •Nonprofit organizations and other groups (with letter of support from local government who will own the plan) including not-for-profit higher education institutes 10/10/2024 www.mndot.gov/active-transportation-program 12 289 Who is eligible to apply? 10/10/2024 www.mndot.gov/active-transportation-program 13 •Albert Lea •Alexandria •Bloomington •Cannon Falls •Chippewa County •Coon Rapids •Duluth •Fridley •Jackson County •La Crescent •Mahnomen •Marshall •Minneapolis •New Ulm •Richfield •Rochester •Roseville •Saint Paul •Saint Peter •St. Louis County •Wheaton 290 2024 Application and Award Timeline 10/10/2024 www.mndot.gov/active-transportation-program 14 October November December January Spring . . . Application Period November 22 Review Process January Awards Process . . . April Plan! 291 If selected, what does our community receive? •Your community receives help from a selected consultant. We don't require the community to provide matching funds. •Your community does NOT receive funding directly from MnDOT. •The consultant provides monthly reports, and we review them to ensure progress on plans. •An Action Plan document and supplemental technical assistance. 10/10/2024 www.mndot.gov/active-transportation-program 15 292 If selected, what does our community need to provide? •Significant staffing for •Local coordination •Engagement •Promotion •Assistance gathering local information •Open mind •Negotiation at beginning of planning process 10/10/2024 www.mndot.gov/active-transportation-program 16 293 Planning case study: Wheaton •Identified key routes and intersections for improvement •Recommendations and a mix of short-, medium-, and long- term action steps in five categories •Toolbox tailored to community context 10/10/2024 www.mndot.gov/active-transportation-program 17 294 Planning case study: Bloomington 10/10/2024 mndot.gov 18 295 Supplemental Technical Assistance •Demonstration Projects •Basic cost scoping estimates and/or preliminary engineering design layouts •Photomorphology or visioning graphics •AT program and policy road maps •Additional targeted engagement •Strategic communications development 10/10/2024 www.mndot.gov/active-transportation-program 19 296 Demonstration Project Case Study: Duluth •Curb extensions and refuge islands •Led by Ecolibrium3, neighborhood organization •Volunteer, low-income residents, business community engagement •Focus on placemaking, reimagining corridor before major reconstruction 10/10/2024 www.mndot.gov/active-transportation-program 20 297 Engineering Layout Case Study: Mahnomen •Small corridor area or 1-2 intersections •Can accommodate bridge step between planning and infrastructure solicitations •Nowhere near the final engineering sketches a project will need for construction 10/10/2024 www.mndot.gov/active-transportation-program 21 298 Photomorphology Case Study: Howard Gnesen Rd •Vision Photo Sets •Before and after images •Can help with future engagement 10/10/2024 www.mndot.gov/active-transportation-program 22 299 300 Policy and Program Roadmap •Detailed plan of how to conduct engagement related to policy/program •Supplemental information and relevant case studies •Local considerations and context •Examples: Complete Streets policy, traffic calming program 10/10/2024 www.mndot.gov/active-transportation-program 24 301 Additional Targeted Engagement •Identified need during planning assistance •Deep dive into specific topic area or demographic •Forward looking re: Action Plan items •Summary and recommendations •Examples: How winter maintenance of sidewalks should be improved, access to bicycle parking for people who live in multifamily homes 10/10/2024 www.mndot.gov/active-transportation-program 25 302 Strategic Communications Development •Build up resources for talking about active transportation locally •Examples: Communications plan, branding and digital style guidance, website content, graphics for social platforms 10/10/2024 www.mndot.gov/active-transportation-program 26 303 General Timeline for Communities 10/10/2024 www.mndot.gov/active-transportation-program 27 Planning Assistance •5-8 months •April -November Supplemental Technical Assistance •3-5 months •October -March Evaluation and Reflection •After Planning Assistance •After Supplemental Technical Assistance 304 What information do I need to apply? 10/10/2024 www.mndot.gov/active-transportation-program 28 305 Community Information Needed •Community or neighborhood name(s) •Community population(s) •Brief description of the planning requested 10/10/2024 www.mndot.gov/active-transportation-program 29 306 Assessing Equity Impacts Active Transportation Equity Score •Proportional score based on 15 mappable factors Narrative Application Prompt •Opportunity for applicants to describe how project advances equity •Access to important destinations •Addressing an existing barrier •Bringing communities together •Investing in previously disinvested communities 10/10/2024 www.mndot.gov/active-transportation-program 30 307 How does the proposed plan meet community needs? •How will a plan help to meet any needs specific to priority populations? How will a plan engage with people in the community? •How will a plan help encourage people to swap trips from single-occupancy vehicle to an active mode? •How will this plan align with other community goals? •How will a demonstration project improve active transportation in your community? 10/10/2024 www.mndot.gov/active-transportation-program 31 308 Who will be part of the planning team? •Identify your team lead •Focus on bringing a range of perspectives and viewpoints •Describe how each team member’s talents and connections to the community will benefit the planning process •Suggested team members include a “Locally Relevant Priority Population Ambassador” and “Regional Planning Professional” 10/10/2024 www.mndot.gov/active-transportation-program 32 309 Existing conditions and implementation support •Local policies and plans that impact the community. •Think about what your community has worked on in the past: •Education •Encouragement •Engagement •Equity •Engineering •Evaluation •What would a successful plan look like? 10/10/2024 www.mndot.gov/active-transportation-program 33 310 Supporting Documentation •A letter of support from the city/township/tribal government if a community plan, or county government if a county plan is required •One additional letter of support from a local partner is requested •Ped/bike group, Local Public Health, Safe Routes to School, TZD, etc. •NEW!! Affidavit of Noncollusion (requires notarization) •NEW!! Conflict of Interest Checklist and Disclosure Form 10/10/2024 www.mndot.gov/active-transportation-program 34 311 Application Guide and Resources •Two guide formats with the same material: •Web -based guide •Downloadable PDF •Downloadable Word application •But don’t forget – apply online! •Forthcoming: Weekly FAQ Document •New!! Can schedule a 15 minute scoping call with Will Wlizlo between October 16-November 6 •Email me at william.Wlizlo@state.mn.us 10/10/2024 www.mndot.gov/active-transportation-program 35 312 Scoring Criteria 120 total points available •Equity: 45 points •Community Need: 35 points •Team and Roles: 20 points •Existing Activities: 15 points •Supporting Documentation: 5 points (please note required documents) 10/10/2024 mndot.gov 36 313 Considering Community Size •Applicants will be scored against communities of similar population. •Will use Minnesota’s City Classification System as guide •Additional: Tribal Governments •Goal to select one applicant in each category that has received an application •County-wide plans will be aligned with city classifications •Joint applications will be assigned by largest population 10/10/2024 www.mndot.gov/active-transportation-program 37 314 Deadline – November 22nd! •Applications will be accepted through 5:00p on November 22nd •Applications must be submitted online •Next Planning Assistance application opportunity anticipated in Fall/Winter 2025 10/10/2024 www.mndot.gov/active-transportation-program 38 315 Active Transportation Program | Planning Assistance Will Wlizlo | william.wlizlo@state.mn.us www.mndot.gov/active-transportation-program 316 City Council Item October 28, 2024 Item Resolution Authorizing the City of Chanhassen to Participate in a Process Exploring the Formation of a Transportation Management Organization Along Trunk Highway 7 File No.Item No: E.11 Agenda Section CONSENT AGENDA Prepared By Laurie Hokkanen, City Manager Reviewed By SUGGESTED ACTION Adopt Resolution Authorizing the City of Chanhassen to Participate in a Process Exploring the Formation of a Transportation Management Organization Along Trunk Highway 7 Motion Type Simple Majority Vote of members present Strategic Priority Communications SUMMARY See related work session item. BACKGROUND DISCUSSION BUDGET RECOMMENDATION 317 ATTACHMENTS 318 City Council Item October 28, 2024 Item Adopt Ordinance XXX: Amendment to the Children's Learning Adventure Planned Unit Development (PUD) File No.24-08 Item No: E.12 Agenda Section CONSENT AGENDA Prepared By Eric Maass, Community Development Director Reviewed By Eric Maass SUGGESTED ACTION "The Chanhassen City Council approves the ordinance amending the Children's Learning Adventure Planned Unit Development (PUD)." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY The city is currently reconstructing Galpin Boulevard; and as part of that project the city needs to account for stormwater management and mitigation. The northwest corner of the intersection of Galpin Boulevard and W 78th Street is planned to be the location of a stormwater facility. In conversation with the land owner regarding the acquisition of the land area needed for the city stormwater facility, it was indicated that the PUD restriction was something that, if lifted, would provide the land owner adequate incentive to provide the land area needed for the stormwater facility. In review of the PUD ordinance currently in place, along with the site characteristics of the parcel including topography, suspected wetlands, Bluff Creek, existing sanitary sewer and easement, and overall size/shape of the parcel, city staff is supportive of lifting the development restriction over that area because the city's other ordinances related to wetland protection, tree protection, creek protection, easement restrictions, and setbacks required by the PUD still provide the necessary protections to limit development within those sensitive areas. Additionally, the PUD is intended to provide the city added 319 benefit that traditional zoning would not provide, and the city acquiring land for the purposes of stormwater management is a benefit to the entire community. BACKGROUND DISCUSSION BUDGET RECOMMENDATION The Planning Commission recommended unanimously the approval of the proposed PUD amendment. ATTACHMENTS Ordinance Amendment - Childrens Learning Adventure PUD June 18th, 2024 Planning Commission Presentation Stormwater Easement Exhibit 320 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. XXX AN ORDINANCE AMENDING THE CHILDREN’S LEARNING ADVENTURE PLANNED UNIT DEVELOPMENT ZONING ORDINANCE NO. 606 THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Ordinance No. 606, Section 2, subsection b. “Uses” is hereby amended to read as follows: b. Uses Permitted Uses in this zone are: 1. Community Center 2. Day Care – Establishments providing for the care and supervision of infants and children on a daily basis. 3. Health Services – Establishments primarily engaged in furnishing medical, surgical and other health services to persons in a clinical or outpatient basis. 4. Library 5. Museum 6. Office – Professional and business office 7. Private of Public Recreational Facilities 8. Schools 9. Utility Services 10. The property described in Exhibit B to the Planned Unit Development may only be used for open space and public parks. Accessory Uses (in conjunction with and integral to a permitted use) 1. Antennas, as regulation by Article XXX of this chapter. 2. Fences 3. Parking Lots 4. Play Equipment, Gazebos, etc. 5. Sheds 6. Signs Section 2. Exhibit B within the above referenced PUD Ordinance shall be removed from the PUD. Section 3. This ordinance shall be effective immediately upon its passage and publication. 321 PASSED AND ADOPTED this 28th day of October, 2024, by the City Council of the City of Chanhassen, Minnesota ______________________________ ________________________________ Jenny Potter, City Clerk Elise Ryan, Mayor (Published in the _________________________ on ______________________________) 322 Planning Case #2024-08 Planning Commission –June 18, 2024 City Council –July 22, 2024 Amending the Children’s Learning Adventure Planned Unit Development (PUD) 323 Location: Children’s Learning Adventure PUD 324 Proposed Ordinance Amendment Property described in Exhibit B 325 Galpin Boulevard Road Project •Proposed stormwater pond easement location 326 Proposed Ordinance Amendment •Development Limitations beyond PUD •Wetland (teal area – based on aerial wetland inventory) •Wetland setback (in addition to teal area) •Setback from W 78th Street • 50 feet for building and 20 feet for parking •Setback from Galpin Blvd •50 feet for building and 20 feet for parking •Setback from west perimeter lot line •30 feet building and 20 feet parking 327 Proposed Ordinance Amendment •Land north of W 78th has minimal development potential due to city code requirements beyond the PUD stipulation. •Potential Permitted Uses based on PUD 328 Proposed Ordinance Amendment Property described in Exhibit B 329 Planning Commission Discussion 330 Public Hearing 331 Planning Commission Discussion 332 Proposed Motion “Motion to recommend the City Council adopt the Ordinance amending the Children's Learning Adventure Planned Unit Development (PUD) as presented.” 333 SW CORNER OF SEC. 10, T. 116, R. 23N01°56'40"W 401.19175.14N47°18'16" E N47°18'19" E 22.71N56°16'30"E114.28L=662.60 R=633.04 Δ=59°58'14" C.BRG.=S77°17'27"W C.=632.76S00°52'43"W139.92L=287. 9 7 R=773. 0 4 Δ=21°2 0 ' 3 7 "N67°46'40"W9.39N22°13'10"E47.59W LINE OF SW 1/4 OFSEC. 10, T. 116, R. 23NW'LY ROW LINE OF PARCEL 216 Prepared by:WSB Project No.Date:Prepared by:WSB Project No.Date:Drainage & Utility Easement Exhibit PID: 250101810 Address: Unassigned City of Chanhassen, Minnesota 020055-000 8/25/2023 N PARCEL LINE 0 1 inch = 200 feet 200 Graphic Scale (feet) PERMANENT DRAINAGE & UTILITY EASEMENT AREA = 35,039 SQ. FT.K:\020055-000\Survey\Drawing\Easement\020055-000-V-ESMT-PID 25-0101810.dwg, 8/25/2023 11:02:44 AM334 City Council Item October 28, 2024 Item Quarterly Law Enforcement Update File No.Item No: G.1 Agenda Section FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE Prepared By Lance Pearce, Lieutenant, CCSO Reviewed By Laurie Hokkanen SUGGESTED ACTION Update Motion Type N/A Strategic Priority Communications SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS Chanhassen City Council Meeting Memo 335 Third Quarter 2024 Breakdown Comparison of Metrics 2019-2024 3rd Q 2024 Nibrs Activity Codes 336 Page 1 Memo TO: Mayor Ryan and Chanhassen City Council members FROM: Lieutenant Lance Pearce DATE: October 18, 2024 RE: Law Enforcement Update Attached are the agenda items for the City of Chanhassen council meeting October 28, 2024 for your review and consideration. 1. Carver County Sheriff’s Office City of Chanhassen Third Quarter 2024 Calls for Service Summary; Group A, Group B, Non-Criminal, Traffic and Administrative. 2. Carver County Sheriff’s Office City of Chanhassen Third Quarter Arrest Summary. 3. Carver County Sheriff’s Office City of Chanhassen Third Quarter Citation Summary. 4. Third Quarter 2024 Breakdown of CFS 5. Staffing update: The patrol power shift is currently vacant. 6. Training update: Training for the Third quarter included is Pursuit Intervention Technique (for numerous deputies but not all) in July, firearms transition to Glock 45 in August, and hands -on portion of Use of Force in September. Lieutenant Chanhassen Office 337 Third Quarter 2024 Carver County Sheriff’s Office City of Chanhassen Call for Service Total Patrol Activity=2734 95 25 1340 Felony Misdemeanor Non Criminal Traffic Third Q 2024 Types of Calls CFS=2734 1274 14 53 2 24 2 Third Q 2024 Group A Assault Theft Drug Other Homicide/Weapons/Rob 338 0 50 100 150 200 250 300 350 ThirdQ Non Criminal *see note on medicals 66 928 110 217 Driving Complaint Traffic Stops Crashes Citations Traffic 339 0 200 400 600 800 1000 1200 1400 1600 Group A Group B Non Crim Traffic Quarter 3 Comparison City of Chanhassen 2022 2023 2024 340 Comparison of Metrics 2019-2024 Through Third Quarter 2024 0 2 4 6 8 10 12 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Domestics by Month 2019 Domestics by Month 2020 Domestics by Month 2021 Domestics by Month 2022 Domestics by Month 2023 Domestics by Month 2024 Domestics by Month 0 1 2 3 4 5 6 7 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Domestic Assault by Month 2019 Domestic Assault by Month 2020 Domestic Assault by Month 2021 Domestic Assault by Month 2022 Domestic Assault by Month 2023 Domestic Assault by Month 2024 Domestic Assault by Month 341 0 5 10 15 20 25 30 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Mental Health by Month 2019 Mental Health by Month 2020 Mental Health by Month 2021 Mental Health by Month 2022 Mental Health by Month 2023 Mental Health by Month 2024 Mental Health by Month 0 10 20 30 40 50 60 70 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Fraud/ Theft by Month 2019 Fraud/ Theft by Month 2020 Fraud/ Theft by Month 2021 Fraud/ Theft by Month 2022 Fraud/ Theft by Month 2023 Fraud/ Theft by Month 2024 Fraud/ Theft by Month 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 City Council Item October 28, 2024 Item Quarterly Fire Department Update File No.Item No: G.2 Agenda Section FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE Prepared By Andrew Heger, Fire Chief Reviewed By SUGGESTED ACTION N/A Motion Type N/A Strategic Priority Operational Excellence SUMMARY Quarterly Fire Department Update with Response Data from 3rd quarter of 2024. BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 363 City Council Item October 28, 2024 Item Resolution 2024-XX: Certification of Delinquent Utility Accounts and Code Enforcement Charges to the County Auditor File No.Item No: H.1 Agenda Section PUBLIC HEARINGS Prepared By Ashley McGovern, Financial Analyst Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts a resolution certifying delinquent utility accounts and code enforcement charges to the County Auditor." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DELINQUENT UTILITY ACCOUNTS Chanhassen City Code provides that in the event any utility service is not paid within three (3) months after the time it is rendered, the city council may certify the amount due together with penalties to the county auditor to be collected with other real estate taxes levied against the premises served. The city bills for water, sanitary sewer, and storm sewer. For accounts that are past due, the city sends a letter after the fall billing (September and October) notifying the property owner of the delinquency and that non-payment will result in certification to property taxes with certification fees. Property owners may speak at this public hearing to dispute the certification. Owners may avoid certification by paying 364 the amount due by November 1, 2024. A final delinquent list is then prepared and sent to the county by December 1, 2024. The list of delinquent properties is available in the Finance Department. As of October 23, 2024, no property owners had notified the city that they planned to dispute these delinquent utility charges. Current practice is to certify the amount due to the property taxes, as allowed by Minnesota State Statute Section 444.075 Subd. e. There are 177 accounts with a total value of $261,465.81 to be collected this year. This compares to 171 accounts with a total dollar amount of $145,044.08 last year. The transition to monthly billing extended the delinquency cut-off dates from March, April, or May in 2023 to June 2024. This later cut-off date is the primary reason for the higher certification amount this year. Staff expects that several accounts will be paid in full by the time that the final list is established in December. The other accounts will be certified to the county for collection with a fee of 10% added for the administrative costs incurred plus an additional $5.00 Carver County Certification Fee (for properties within Carver County). DELINQUENT CODE ENFORCEMENT CHARGES Chanhassen City Code states, “After giving the owner or occupant of a lot not in compliance with the previous sections seven days' advance written notice of the noncompliance, the city may cut, or cause to be cut the grass, weeds, or plants and may assess the cost against the property in accordance with Minnesota State Statute 429.101.” The procedure for collecting code enforcement costs is to send an invoice stating the charges incurred by the city. If not paid by the due date, statements are mailed. We then send letters in the fall (September and October) notifying the property owner of the delinquency and the consequences of non- payment. They are allowed to attend a public hearing to dispute the certification. The list is then sent to the county by December 1, 2024. The list of delinquent properties is available in the Finance Department. As of October 23, 2024, no property owners had notified the city that they planned to dispute these delinquent code enforcement charges. Current practice is to certify the amount due to the property taxes. There are two accounts with a total value of $351.82 to be collected this year. This compares to three accounts with a total dollar amount of $946.83 last year. These accounts will be certified to the county for collection with a fee of 10% added for the administrative costs incurred plus an additional $5.00 Carver County Certification Fee (for properties within Carver County). DISCUSSION BUDGET RECOMMENDATION 365 ATTACHMENTS Resolution 366 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: October 28, 2024 RESOLUTION NO: 2024-XX MOTION BY: SECONDED BY: A RESOLUTION CERTIFYING DELINQUENT UTILITY ACCOUNTS AND CODE ENFORCEMENT CHARGES TO THE COUNTY AUDITOR WHEREAS, Minnesota Statutes Section 444.075, Subd. 3e and the Chanhassen City Code provide that the City Council may cause delinquent utility bills to become a lien against the property served by certifying the unpaid charges to the County Auditor for collection as other taxes; and WHEREAS, Minnesota Statutes Section 429.101 allows for the collection of unpaid special charges and authorized assessments for the elimination of a nuisance from a private property; and WHEREAS, the City of Chanhassen has notified property owners of unpaid charges and the possibility that said unpaid charges may be specially assessed against the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen that the uncollected delinquent utility charges and other charges as listed on the attached Exhibit A are hereby certified to the Carver County Auditor for collection with real estate taxes on the parcels specified with an added 10% administrative fee plus a $5.00 County Certification Fee. BE IT FURTHER RESOLVED by the City Council of the City of Chanhassen that the uncollected special charges for nuisance elimination as listed on the attached Exhibit B are hereby certified to the Carver County Auditor for collection with real estate taxes on the parcels specified with an added 10% administrative fee plus a $5.00 County Certification Fee. PASSED AND ADOPTED by the Chanhassen City Council this 28th day of October 2024. ATTEST: Jenny Potter, City Clerk Elise Ryan, Mayor YES NO ABSENT 367 2 ATTACHMENT A RESOLUTION CERTIFYING DELINQUENT UTILITY ACCOUNTS & CODE ENFORCEMENT CHARGES TO THE COUNTY AUDITOR PID Total To Certify PID Total To Certify 25- 0010300 2,912.70 25- 1820320 2,261.39 25- 0024500 2,673.01 25- 1850350 62.95 25- 0030300 197.54 25- 1860330 2,046.18 25- 0030500 46.31 25- 1870230 605.46 25- 0083100 267.42 25- 1870510 3,739.26 25- 0101105 202.37 25- 1870550 1,521.52 25- 0122500 1,096.55 25- 1990030 828.12 25- 0123700 2,473.38 25- 1990140 1,734.65 25- 0241900 215.20 25- 2000050 255.05 25- 0242100 214.89 25- 2000880 2,969.28 25- 0251510 2,450.89 25- 2010260 952.18 25- 0361300 3,448.85 25- 2020150 180.26 25- 0363000 1,770.40 25- 2020650 2,727.72 25- 0363300 214.91 25- 2020710 607.04 25- 0500240 1,724.92 25- 2020780 650.24 25- 0500405 1,267.14 25- 2020860 1,864.17 25- 0610470 1,115.37 25- 2021470 186.76 25- 0610540 95.61 25- 2021540 263.64 25- 0610560 207.86 25- 2021570 1,659.21 25- 0640370 3,275.59 25- 2030150 474.90 25- 0700010 89.88 25- 2030460 1,525.79 25- 0880060 599.62 25- 2030700 2,238.63 368 3 25- 0880750 337.32 25- 2030710 1,013.13 25- 0880770 2,488.26 25- 2030960 329.10 25- 0880800 648.92 25- 2031140 2,044.24 25- 0960430 152.59 25- 2080100 3,276.62 25- 1200010 197.68 25- 2090010 153.13 25- 1280210 151.43 25- 2240060 51.75 25- 1410060 1,276.99 25- 2300110 524.05 25- 1450230 110.62 25- 2540020 3,286.62 25- 1600201 72.02 25- 2560350 1,222.67 25- 1600451 1,391.65 25- 2620530 1,981.30 25- 1601170 52.90 25- 2700470 116.08 25- 1601280 2,076.11 25- 2730170 4,205.06 25- 1601430 1,381.49 25- 2730260 852.31 25- 1602400 196.05 25- 2730700 178.17 25- 1800130 2,690.64 25- 2840050 2,081.07 25- 1820110 75.69 25- 2970010 74.82 PID Total To Certify PID Total To Certify 25- 3250030 197.68 25- 6110020 1,982.07 25- 3320300 197.68 25- 6110311 148.21 25- 3360260 5,932.11 25- 6140460 4,814.74 25- 3450910 2,332.90 25- 6150040 1,627.83 25- 3900100 2,335.37 25- 6150120 329.59 25- 3950070 2,807.48 25- 6380050 2,446.98 25- 3970040 2,560.50 25- 6430120 103.94 25- 3970210 2,594.08 25- 6450120 2,081.87 25- 4030380 1,342.01 25- 6450270 1,182.61 25- 4040030 3,937.56 25- 6490180 508.04 369 4 25- 4060180 3,281.65 25- 6510040 3,338.66 25- 4060200 3,692.66 25- 6530020 491.93 25- 4070010 215.20 25- 6700110 5,427.10 25- 4080200 99.46 25- 6820030 1,445.44 25- 4150041 888.98 25- 6840010 215.20 25- 4200120 1,026.17 25- 6940050 349.09 25- 4200250 1,384.72 25- 7400020 942.34 25- 4450010 293.68 25- 7550010 276.24 25- 4500020 2,088.14 25- 7550020 2,379.41 25- 4530040 4,552.63 25- 7550100 2,654.74 25- 4530270 2,267.92 25- 7550190 3,367.51 25- 4700160 3,324.62 25- 7550200 729.69 25- 4810030 220.42 25- 7550730 4,617.88 25- 4820040 3,642.08 25- 7550830 227.67 25- 4950400 1,733.64 25- 7551100 3,119.36 25- 5050200 1,783.29 25- 7720112 485.78 25- 5080040 308.33 25- 7760250 4,013.62 25- 5080120 764.26 25- 7840010 76.78 25- 5250070 2,217.40 25- 7850220 182.64 25- 5250080 1,355.46 25- 7850610 332.83 25- 5470020 3,691.98 25- 7900080 2,119.56 25- 5540340 2,098.71 25- 7990050 2,860.81 25- 5550220 2,181.59 25- 8020030 294.31 25- 5610090 77.43 25- 8090060 935.99 25- 5620010 205.68 25- 8130020 1,702.87 25- 5630220 207.20 25- 8290140 1,483.33 25- 5630430 724.80 25- 8330030 645.73 370 5 25- 5630440 992.21 25- 8410210 5,331.26 25- 5640160 1,641.97 25- 8460010 141.11 25- 5670160 2,150.41 25- 8460020 148.21 25- 5670410 2,726.63 25- 8481280 979.93 25- 5690030 231.24 25- 8481650 1,224.88 25- 6100190 233.15 25- 8481720 976.95 PID Total To Certify 25-8481880 1,609.01 25-8482250 731.85 25-8500070 30.73 25-8520120 162.16 25-8540220 318.89 25-8660100 122.45 25-8660340 481.84 25-8800050 2,093.10 25-8810180 1,786.67 25-8840080 2,888.00 25-8930100 5,991.63 65-4780010 4,248.97 65-4780270 498.59 65-4800030 4,423.51 34-117-23-44- 0050 187.31 ***Total of 177 accounts*** Revised 10/23/2024 371 6 ____________ ATTACHMENT B RESOLUTION CERTIFYING DELINQUENT UTILITY ACCOUNTS & CODE ENFORCEMENT CHARGES TO THE COUNTY AUDITOR ***Total of 2 accounts*** Revised 10/23/2024 ____________ PID Total To Certify 25-3500271 175.91 25-0700010 175.91 372 City Council Item October 28, 2024 Item Approve On-Sale Beer & Wine Liquor License for The OG Coffee & Wine, LLC, DBA The O.G. Coffee & Wine Bar located at 600 Market Street, Suite 110. File No.Item No: H.2 Agenda Section PUBLIC HEARINGS Prepared By Jenny Potter, City Clerk Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council approves an On-Sale Beer & Wine Liquor License for The OG Coffee & Wine, LLC, DBA The O.G. Coffee & Wine Bar located at 600 Market Street, Suite 110." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY On October 3, 2024 this office received a request for an on-sale beer and wine liquor license from The OG Coffee & Wine, LLC , DBA The O.G. Coffee & Wine Bar. Julie Jost is the owner of the business that is located at 600 Market Street, Suite 110. BACKGROUND The OG Coffee & Wine Bar must have a category food permit from the state to be able to sell alcohol. Ms. Jost is working with the State to get this license. DISCUSSION Julie Jost is the sole owner of The OG Coffee & Wine, LLC. 373 Law Enforcement conducted a background investigation, including criminal history, driving records, outstanding warrants, financial, and references on Ms. Jost. Lt. Lance Pearce reviewed the background summary and noted that there was nothing questionable related to State Statute. A public hearing notice was published in the Sun Sailor on October 17, 2024 and mailed to all property owners within 500 feet of the site (see attached list). As of the date of this writing, staff has not received any comments from the public. Ms. Jost is planning to open in January for business. BUDGET The required annual fee for an on-sale beer and wine liquor license is $410 and the background investigation fee is $250. The applicant paid the background investigation fee at the time of application along with the fee for the liquor license. RECOMMENDATION Staff recommends the Chanhassen City Council approves an On-Sale Beer & Wine Liquor License for The OG Coffee & Wine, LLC, DBA The O.G. Coffee & Wine Bar located at 600 Market Street, Suite 110. ATTACHMENTS Affidavit of Mailing of Public Hearing Notice Site Plan Legal Description Certificate of Insurance 374 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Jenny Potter, being first duly sworn, on oath deposes that she is and was on October 17,2024, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing Request for an On-Sale Beer & Wine Liquor License for The OG Coffee & Wine, LLC, DBA The O.G. Coffee & Wine Bar, to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Jenny City Clerk Subscribed and sworn to before me this 17th day of October 2024. 4t/etd,n&+.--t Notary Public AMY K. WEIDMAN Notary Public-Minnesota W Cotnmltsbn Expiros Jan 31, 2027 375 Tax name Tax add t1 Tax add t2 AGREE LIM ITED PARTNERSHI P 4201 BAGLEYAVE N FARIBAULT, MN 55021- BHB INVESTMENTS LLC 1564 SELBY AVE #9 SAINT PAUL, MN 55104 BLOOMBERG COMPANIES INC 4730 PARK COMMONS DR UNIT 2OO M I NNEAPOLIS, MN 55416-5214 CHANHASSEN FRONTI ER LLC 110 CHESHIRE LN STE 120 HOPKtNS, MN 55305-1009 CHANHASSEN LETSOS LLC PO BOX 1159 DEERFIELD, IL 60015-1159 CHANHASSEN LODGING LLC POBOX727 WAITE PARK, MN 56387-0727 CHANHASSEN PROPERTIES LLC 9OO WAYZATA BLVD E STE 130 WAYZATA, MN 55391 CHANHASSEN RETAIL LTD PRTSHP 3333 COUNry ROAD 101 S WAYZATA, MN 55391 KRAUS-ANDERSON INC 525 S 8TH ST MINNEAPOLIS, MN 55404 MARKET SQUARE ASSOC LTD PTRSHP PO BOX 404 CHANHASSEN, MN 55317 MARKET SQUARE ASSTS II LLC 47078rHSTW#260 CHANHASSEN, MN 55317 NEARCO IV LLC 680 COMMERCE DR STE 215 SAINT PAUL, MN 55125 NEW CHANHASSEN HOLDING COMPANY LLC 501 W 78TH ST CHANHASSEN, MN 55317 REALTY INCOME PROPERTIES 3 LLC 11995 EL CAMINO REAL SAN DIEGO, CA 92130 SOUTHWEST TRANSIT 14405 W 62ND ST EDEN PRAIRIE, MN 55346 SPIRIT MASTER FUNDING VIII LLC 255 WASHINGTON ST STE 270 NEWTON, MA02458 STATE BANK OF CHANHASSEN PO BOX 80615 INDIANAPOLIS, IN 46280 TWIN CITIES & WESTERN RAILROAD 2925 12TH ST E GLENCOE, MN 55336 VIRGINIA S THOMAS FAMILY LP 226 COURTLAND ST EXCELSIOR, MN 55331-1728 376 SUBJECT PROPERTY Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic lnformation System (GlS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. lf errors or discrepancies are found please contact 952-227-1107 . fhe preceding disclaimer is provided pursuant to Minnesota Statutes 5466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic lnformation System (GlS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. lf errors or discrepancies are found please contact 952-227-1 107 . fhe preceding disclaimer is provided pursuant to Minnesota Statutes 5466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. SUBJECT PROPERTY .r I I:t' li a a.'oo a?a r- [, f.l f[r+ tt' II T H t lr I rll a r.- r r.r .a-oaaea ;)$? 7e I,lwfiildi ffrr tr' T -n..1 I r-r ' 377 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING REQUEST FOR AN ON-SALE BEER & WINE LICENSE THE OG COFFEE & WINE, LLC, DBA THE O.G. COFFEE & WINE BAR LOCATED AT 600 MARKET STREET, SUITE 110 NOTICE IS HEREBY GMN that the Chanhassen City Council will hold a public hearing on Monday, October 28,2024 at 7:00 p.m. in the Council Chambers a17700 Market Boulevard, to consider issuing an On-Sale Beer & Wine Liquor License for The OG Coffee & Wine, LLC, DBA The O.G. Coffee & Wine Bar located at 600 Market Street, Suite 1 10 All interested persons may appear and express their opinions regarding this application at said time and place. Chanhassen City Code requires that all property owners within 500 feet of the site be notified in writing. If you have any questions, contact Jenny Potter at952-227-1107. Jenny Potter City Clerk (Published in the Sun Sailor on October 17,2024) CITY OF CIIANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING REQUEST FOR AN ON.SALE BEER & WINE LICENSE THE OG COFFEE & WINE, LLC, DBA THE O.G. COFFEE & WINE BAR LOCATED AT 600 MARKET STREET, SUITE 110 NOTICE IS HEREBY GMN that the Chanhassen City Council will hold a public hearing on Monday, October 28,2024 at 7:00 p.m. in the Council Chambers at7700 Market Boulevard, to consider issuing an On-Sale Beer & Wine Liquor License for The OG Coffee & Wine, LLC, DBA The O.G. Coffee & Wine Bar located at 600 Market Street, Suite I l0 All interested persons may appear and express their opinions regarding this application at said time and place. Chanhassen City Code requires that all property owners within 500 feet of the site be notified in writing. If you have any questions, contact Jenny Potter at952-227-1107. Jenny Potter City Clerk (Published in the Sun Sailor on October 17,2024) 378 THE O.G. COFFEE SHOP AND WINE BAR CHANHASSEN, MN OESIGN€UILO EXPECTATIONS COOE SUMMARY &ALYSIS rrd rLffi'*.Esrrc@ffi wR6drosauu. trHffifr@sffi #meffiEd*E{rs ffisKffi.Mero GENEru CONSTRUCTbN NOTES n3fffficcEqrcsffi.ffiH&ffis ,L@^6M:eY4*e.i4sr(EcqmoJEct tqiloN onri^o4ffi^r q rrM BBB (re c{m*., r..GuYtrcw)srqMr .. ftErrorc1m364sc ck^EEi, ( psan6.es,t...lc@Ms/ *P{4. ilo*/d., @eAI7k-@*/e.racuPNrT J roru - 6 ecuPNs (-c ruu rerl r'r Em!.EffiE r Em6 eMO 2 mffio Fc rEE r!E., r' a.iEwmsL e ceE MEr lm do) ,MmErcrrc:r^ruwmErcr Ec.m&cre€ $rr2) , v o@€s*rlrrrxx Mdc*o (re Ed.) CffiEffiE'T.Tffi@ ,rEwmffiEoffi reKisA4€SffiB! IGrcN G ARCBTCT Fu:@6 ,zuv rffsrcoeo:2uv rrcs*mo.J0{qiloffi FdrrsRmo(Ecre azl Reouired lnspectlons Framing: Plumbing, HVAC, electricl and fire-sprinkler rough-in inspections (if appli€ble) also required. lnsulation Above Ceiling Final: Plumbing, HVAC, electrical and fire-sprinkler final inspections (if applicable) required prior to building final. NOTES . Separate permits are required for plumbing, mechanical and electrical work . Owner responsible for ADA compliance . All hardware must meet accessibility requirements (i.e. lever). All hardware must be "sinBle-action" and allow exiting from the space under consideration without key or special knowledge Flra Not . - Soparata fim sprinkl€r and fiE ahm pemitrs requiBd - Final locations of tlro oxit signs and omergsq lighling to b€ appmvod on walk thmugh with Firo lnspoclor - Final locatlons of lire g)dinguisheE to be approved m walk lhrough with Firs lnspoc.tor - Will msd key for dmr for frB dopartmant bck box AUIOI(GOMERWAGER INTERIORDESIGN !@esERs rorrEo.ctrFEEM Ee@or.@son 0 R.vlow for Cod. ComplhE. !Y: Etu LltDn 'td: &2an2$ &rs, mktuhd Approvod plans, survey, MFG. Component spec's and permit card !!gql b€ on lob slte at all tlmes Plumblng, HVAC, .nd El.ctrical pcmlL rnd inspoction3 rcquired befo.e ft.ming inspoction s oava,s q-r F] t6 ]+r fll v1 OF N ilooX- 9 o FoSrNffFLA.obt:.Gu .*E L3 SsFet[ +='g*,3F5000 t-000 TITLE PAGE EfulalrxEEClrl4'4 379 NO 510 to tllN S]EC ]I Nh .N]SSVHNVHC 0lt 3lslllurs 13vuvr^/ 009 8V€ 3NIMIlllloc903HJ- : tcf roud t !! , i;E; IIlir i :l:!!!:;rl!; iiiiEi ! qgrn: I rl;liifiiii:l s , E! E* !,E IE; !ralilli E: S::r,3 6EEc E o,^uYOtrox9.=oxu0adoI o I ! r\6,tU :i i c\v DU : 3 ; z( o iilo U rrl ? )( ( oz Fox :U u 7 )f z z I ? I E Y F I I I I L e E T R I r-.l .1F.ElE]|E: L\J_l=)JJ IL--H-JL--F._ 9" o ss fi:tr o_: .i--l\ri ri ll ll ll ll ll ll J I !j !i I ,fE:\,y'ii ll =1,rfli ii it E======f ^ rrrirrdsoH,ivrl!l!qo: It \\1\ \ 380 o o T i---l^r_1, nc ffiffiIlc iLr E Et z z rl z-m mr m C E mzi ! Fz E ,l 2z-m mi mx6Izo E€ (- I - I ( I p t ,6 c 2 l 2 1 3 eaitr:irn aBi !firi -= 6l* ii|E EflIIia 6i trt o (r(o {t9 >-f > o (o ()o I oooo p pa u u :I sI t'i Ei iE :* 6III B 6q it i* ri ET ;i 3 =n8 aa , F a * a I T I I oN ,moo!c T!Iz I g ki:a;t ai ;i!lEi:!:iti;!;t :!fit;ii !il"E i; i::n ,!; i6 H I ii r iiE: Ei;3E.i : !F- i{: II8!I:xiil i;rll I nuli t TII :? B !!gllr iiiii! ;; i; i; r ! !!;i ;rti ! PROJECT: THE O.G COFFEE & WINE BAR 600 MARKET STREET sTE [0 CHANHASSEN, MN 7 E DGES t ffi+.-]. m 381 a. ! ;;9 lBi il c' iX rfi rE !airES' s Iq iE 9I g A iq ;! t )( t>llIIlatolol< lp l2 t_ t; ( H i * I ;)( t>totllzlilmlv t6lnlm lf,l< lioz G ;r !I aotrttm't:llZlilmtvlo lntml-tmt<t>tilolz // // /,r,, /,r,llz,z tNo n-m Ioza t t qligl!!I tBiEIIET:ildl!Il iili:ifii{rt:::l r: !'r: i i'!;;E t t iiiiii iE!ii; i ii!:i ir:* I i ;i;E;l!: IT: BE-ert Bh- i :- E i- : ; EI!ii: *;; i E:lirr;! l"-lEiI l!: ! PROJECT: THE O.G COFFEE & WINE SAR 6OO I.lARKET STREET STE IIO CHANHASSEN, I'4N 7 E DGES NIER Oi D65ION b aaY;lo,tnqli:tr'lz l#lvt6l7t- l6 tilolz o ,l- il8qtt1tadl-'lzlltmlnt6 lntm lf,t<t>tllo lz ;! ir t r COiflEIC AL'IO9P IALIIY 382 I Ii; 6&';ii1l[ ";i#i,;':G;ila;]:,:, ui.,'J,-.il^.- ^." ".".., 12 D-6 2x6srwOr6',o..wrl ffitw{.N,RWnNl tr(Bdr_roMBwft rddrMh.ErbEDd v@ 'dor. \ L./1 LIJoo LIJ 9 9 a I FdH..uc4 FLA"o5t:.i,u u*Y I3 :*5=+r I=;H=tSaao !!@ t-601 SCHEDULES SECTIONS DETAILS nr,r I All combustible materials 6uch as plywood and wood studs must be f ire.retardant-treated. /;\ BAR SECTIoN \-7'- /;\ DooR HEADER / JAMB - wPIcALryTYPE1 1 383 Property Card Taxpayer Information Property Address Parcel Information Building Information Miscellaneous Information Assessor Information Taxpayer Name KRAUS-ANDERSON INC Mailing Address 525 S 8TH ST MINNEAPOLIS, MN 55404- Parcel ID Number 254460010 Address 580 MARKET ST City CHANHASSEN, MN 55317 Uses Commercial Acres Plat Lot Block 5.26 MARKET STREET STATION 001 001 Legal Description LOT 1 EXC THAT P/O LOT 1 LYING ELY SLY ELY & NLY OF LINE DESC AS: COMM AT MOST SELY CORN Building Style Year Built Garage Above Grade Finished Sq Ft Total Bedrooms School District Watershed District Homestead Green Acres Ag Preserve 0112 WS 064 RILEY PURG BLUFF N N N Estimated Market Value Land Building Total 2023 Values (Payable 2024) 2024 Values (Payable 2025)Last Sale Date of Sale Sale Value $2,562,000.00 $3,546,500.00 $6,108,500.00 $2,562,000.00 $3,546,500.00 $6,108,500.00 The data provided herewith is for reference purposes only. This data is not suitable for legal, engineering, surveying or other similar purposes. Carver County does not guarantee the accuracy of the information contained herein. This data is furnished on an ‘as is’ basis and Carver County makes no representations or warranties, either expressed or implied, for the merchantability or fitness of the information provided for any purpose. This disclaimer is provided pursuant to Minnesota Statutes §466.03 and the user of the data provided herein acknowledges that Carver County shall not be liable for any damages, and by using this data in any way expressly waives all claims, and agrees to defend, indemnify, and hold harmless Carver County, its officials, officers, agents, employees, etc. from any and all claims brought by anyone who uses the information provided for herein, its employees or agents, or third parties which arise out of user's access. By acceptance of this data, the user agrees not to transmit this data or provide access to it or any part of it to another party unless the user includes with the data a copy of this disclaimer. Thursday, October 3, 2024 Carver County, MN384 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER: $ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 10/3/2024 (763) 421-1290 (763) 421-6530 18988 The OG Coffee & Wine LLC DBA: The O.G. Coffee & Wine Bar 600 Market Street Suite 110 Chanhassen, MN 55317 11347 A 2,000,000 X 08483566 8/9/2024 8/9/2025 300,000 10,000 2,000,000 4,000,000 4,000,000 B 184222.201 9/10/2024 9/10/2025 500,000Y500,000 500,000 C Liquor Liability LL0996412 10/1/2024 Liquor Liability 1,000,000 Certificate holder is listed as an additional insured on the above general liability policy if a written contract exists. Coverage is continuous until cancelled. City of Chanhassen 7700 Market Blvd PO Box 147 Chanhassen, MN 55317 THEOGCO-01 JLORETZ Loretz-Johnson Agency, Inc.224 East Main St. Suite 203 Anoka, MN 55303 Jeremy Loretz Auto-Owners Insurance Company SFM Mutual Insurance Company Star Insurance Company X 10/1/2025 X X 385 City Council Item October 28, 2024 Item Chanhassen Bluffs Community Center Referendum Update File No.Item No: K.1 Agenda Section ADMINISTRATIVE PRESENTATIONS Prepared By Laurie Hokkanen, City Manager Reviewed By SUGGESTED ACTION Recieve information Motion Type N/A Strategic Priority Development & Redevelopment SUMMARY Project Website: https://www.chanhassenmn.gov/government/projects/chanhassen-bluffs-community- center Voting Information: https://new.express.adobe.com/webpage/QdMBiNoZSu8Vj BACKGROUND DISCUSSION BUDGET 386 RECOMMENDATION ATTACHMENTS Ballot Question Postcard Mailer September 2024 387 388 THE FUTURE OF OUR COMMUNITY CENTER IS UP TO YOU YOUR VOTE DETERMINES IT Voting “YES” this November secures a new community center for Chanhassen. YES NO Voting “NO” means the community center project and location will no longer be an option for future consideration by the city. 389 POSTAGE ADDRESS For more information about the Chanhassen Bluffs Community Center, including renderings and financing, visit ChanhassenMN.gov/ChanhassenBluffs This November, your vote will determine whether Chanhassen has a new community center or not. The Chanhassen Bluffs Community Center is a proposed 300,000-square-foot community center located at the corner of Powers Blvd. and Highway 212 that will feature a multi-purpose arena with seating for 3,500, an indoor walking track, a field house with sport courts and turf, two ice sheets, an indoor playground, dance and fitness studios, community rooms and a restaurant. A “YES” vote will move the Chanhassen Bluffs Community Center proposal forward, with design planned for 2025 and an expected building opening in 2027. The city will provide numerous opportunities for public input and ideas that will help us fine-tune and enhance the new community center so that the final design reflects the needs and aspirations of our residents. A “NO” vote likely means that no community center will be built, now or in the future. This is due to a few key factors. 1) The state legislature has placed a moratorium on future local sales tax requests, meaning that this essential funding option may not be available in the future. The Chanhassen City Council has stated that, without the local option sales tax, the project cannot proceed. 2) The land lot where the proposed Chanhassen Bluffs Community Center is set to be built may not continue to be available for purchase in the future and it remains one of the only developable properties of this size available in Chanhassen. This November, make your voice heard in this pivotal decision for our community. The future of our community center is in your hands. 390 Chanhassen Untitled layer CHANHASSEN RECREATION CENTER CHANHASSEN CIVIC CAMPUS THE FUTURE CHANHASSEN BLUFFS COMMUNITY CENTER As part of the general election on November 5, 2024, Chanhassen voters will consider a one-half percent (0.5%) local option sales tax to help finance the creation of the Chanhassen Bluffs Community Center. VOTE ON THE FUTURE OF THE CHANHASSEN BLUFFS COMMUNITY CENTERPOSTAGE ADDRESS The proposed 300,000-square-foot facility is planned for the southeast corner of the Avienda Development, located at the intersection of Highway 212 and Powers Boulevard. HOW WAS THE PLAN DEVELOPED? Work on this concept began with the 2017 Parks and Recreation System Plan. Extensive community engagement and broad participation demonstrated that residents had a strong desire for an indoor walking track, indoor ice, and an expanded community center. To further refine priorities, the city convened a Parks Referendum Task Force in 2022 that was made up of a diverse group of residents, representatives from local sports associations and community leaders with a shared commitment to en- hancing the city’s parks and recreational spaces. After receiving valuable input from residents, city leaders put forth an investment plan to construct a new community center that meets the needs of our growing community. –VOTEVOTE EARLY MAIL VOTE HERE IS HOW THE QUESTION WILL APPEAR ON YOUR BALLOT ON NOVEMBER 5 SALES AND USE TAX FOR CHANHASSEN BLUFFS COMMUNITY CENTER. Shall the City of Chanhassen impose a one-half of one percent (0.5%) sales and use tax for up to 20 years or until $40 million is collected, plus the cost of issuing bonds, to finance the construction of a new Chan Rec Center, which is expected to include an indoor walking track, indoor ice facilities, indoor playground, indoor fieldhouse, and expanded community center amenities, as outlined in the Chanhassen Bluffs Community Center project plan? WHAT DOES YOUR VOTE MEAN? The one-half percent (0.5%) local option sales tax is approved and the Chanhassen Bluffs Community Center project will be built. The one-half percent (0.5%) local option sales tax is not approved and the Chanhassen Bluffs Community Center project will not proceed. VOTE NO VOTE YES www.ChanhassenMN.gov/ChanhassenBluffs VOTE EARLY IN PERSON: Residents may vote early in person at the Carver County Government Center beginning on Friday, Sept. 20 and continuing through Monday, Nov. 4. The building will be open to early voters Monday through Friday, from 8 a.m. – 5 p.m. and is located at 600 East 4th Street, Chaska, MN. VOTE ON ELECTION DAY — TUESDAY, NOVEMBER 5, 2024: Residents may vote at their assigned local polling place. Polls are open from 7 a.m. – 8 p.m. VOTE EARLY BY MAIL: Residents may vote early by requesting an absentee ballot beginning Friday, Sept. 20. Download and complete the Absentee Ballot Application (PDF) by visiting www.chanhassenmn.gov/chanhassenbluffs VOTING INFORMATION 391 www.ChanhassenMN.gov/ChanhassenBluffs SOURCES OF FUNDING The Community Center will cost $79.7 million, including land purchase and construction. The city will primarily use a voter-approved one-half percent (0.5%) local option sales tax increase and property tax levy to fund the project. One-Half Percent (0.5%) Local Option Sales Tax Increase: In November 2024, Chanhassen residents will vote on a one-half percent (0.5%) sales tax increase to generate $40 million in revenue for the Community Center project. Forty-five percent ($18 million) of the one-half percent (0.5%) sales tax will be paid by nonresidents, according to research from the University of Minnesota. Property Tax Levy: The property tax increase will be phased in over time. The estimated property tax impact will be about $17 per month for a residential home valued at $600,000, averaged over 20 years. Other Funding Sources: The remainder of the project funding includes, but is not limited to, the sale of the existing Rec Center, naming rights and sponsorships, and property taxes generated by the Avienda Development that will be dedicated to the repayment of the bonds on the Community Center project. The Chanhassen Bluffs Community Center will be built within the Avienda development but will have no connection to the development or developer. In addition, the facility will be wholly owned and managed by the city of Chanhassen, ensuring full city control. 31% Other $24,557,000 DID YOU KNOW? Non-residents would pay $18 million of the total project cost. LOCAL OPTION SALES TAX The Parks and Recreation Task Force explored various funding options for building a new community center due to the limitations on expanding the current facility. One viable solution is the local option sales tax, which spreads the project’s cost among residents and non-residents who purchase goods and services in Chanhassen. The one-half percent (0.5%) sales tax amounts to a ½ cent for every $1 spent. For example, a $10 purchase will cost an additional 5 cents if the one-half percent sales tax is approved. The sales tax does NOT apply to groceries, clothing, gas, or automobile purchases. HOW WILL THIS PROPOSED PROJECT BE FUNDED? 2024 Monthly City Property Taxes on a $600,000 Home $- $50 $100 $150 $200 $250 $300 ChanhassenShorewoodWhite Bear LakeShakopeeVictoriaEden PrairiePrior LakeShoreviewRosemountCottage GroveChaskaChamplinSavageRamseyWaconiaStillwaterFarmingtonInver Grove HtsHastingsMinnetonkaPROPERTY TAX BURDEN AND COMPETITIVENESS OF CHANHASSEN Chanhassen has the lowest city taxes in 2024 of comparable sized, neighboring cities. Even with expected increases for debt service for the Civic Campus and Chanhassen Bluffs Community Center, Chanhassen will remain in the lower end for property taxes. The chart shows the total projected property taxes through 2033. The impact of debt for the Civic Campus and the Community Center is phased in over the years 2025 through 2030. City of Chanhassen Total Projected Property Taxes 2023 - 2033 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% 0.0% 8.0% 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Exemptions for the half-cent sales tax Prescription medication Groceries Baby products Clothing CURRENT CONDITIONS 1995 CHANHASSEN REC CENTER Since the construction in 1995 of Chanhassen’s current, 30,000 square feet Recreation Center, the population in the city has more than doubled. The current facility no longer meets the growing demands of our vibrant and active population for recreational programs and services. The community centers in Chanhassen’s surrounding towns average over 150,000 square feet and a new, robust, multi- functional community center can serve as the heart of Chanhassen and match the energy, growth and needs of our community for generations to come. FUTURE PROPOSED PROJECT Scan this QR code with your smartphone camera for a virtual tour. FACILITY AMENITIES BEING CONSIDERED INCLUDE: • Indoor walking track • Two sheets of ice • Ice arena that doubles as multi-purpose venue space (3,500 seating capacity) • Field house with adaptable courts and turf for basketball, soccer, football, lacrosse, baseball, volleyball, pickleball, and more • Fitness studio (cardio & weights) • Community room spaces • Dance studio • Restaurant • Indoor playground See a full list of amenity information on our website, www.ChanhassenMN.gov/ChanhassenBluffs. All programmed elements are being considered but not final. Renderings are concept images only and are not a final representation of the project. A Community for Life 392