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Agenda_2020_10_12_Meeting(195) (2)AGENDA CHANHASSEN CITY COUNCIL MONDAY, OCTOBER 12, 2020 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD A.5:00 P.M. ­ WORK SESSION Note:  Work sessions are open to the public.If the City Council does not complete the work session items in the time allotted, the remaining items will be considered after the regular agenda. 1.Chanhassen Apartments TIF Discussion 2.Snow and Ice Removal Policy Update 3.Review of 2021­2025 CIP 4.Review of Enterprise Operating Fund Budgets and Special Revenue Fund Budgets B.7:00 P.M. ­ CALL TO ORDER (Pledge of Allegiance) C.PUBLIC ANNOUNCEMENTS D.CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the city council and will be considered as one motion.  There will be no separate discussion of these items.  If discussion is desired, that item will be removed from the Consent Agenda and considered separately.  City council action is based on the staff recommendation for each item.  Refer to the council packet for each staff report. 1.Approve City Council Minutes dated September 28, 2020 2.Receive Planning Commission Minutes dated September 15, 2020 3.Approve Code Amendment to Permit the Construction of Certain Structures on Outlots 4.Approve Code Amendment Requiring Zoning Permits for all Structures that Do Not Require Building Permits 5.Approve Updates to City's Purchasing Policy 6.Resolution 2020­XX: Accept a Donation from Charter Bank for the Senior Center 2020 Holiday Party 7.Approve Development Contract for Grading Permit for The Bluffs at Lake Lucy 8.Pervious Paver Operations & Maintenance Agreement with 2061 Pinehurst Drive AGENDACHANHASSEN CITY COUNCILMONDAY, OCTOBER 12, 2020CHANHASSEN CITY HALL, 7700 MARKET BOULEVARDA.5:00 P.M. ­ WORK SESSIONNote:  Work sessions are open to the public.If the City Council does not complete the worksession items in the time allotted, the remaining items will be considered after the regularagenda.1.Chanhassen Apartments TIF Discussion2.Snow and Ice Removal Policy Update3.Review of 2021­2025 CIP4.Review of Enterprise Operating Fund Budgets and Special Revenue Fund BudgetsB.7:00 P.M. ­ CALL TO ORDER (Pledge of Allegiance)C.PUBLIC ANNOUNCEMENTSD.CONSENT AGENDAAll items listed under the Consent Agenda are considered to be routine by the city council andwill be considered as one motion.  There will be no separate discussion of these items.  Ifdiscussion is desired, that item will be removed from the Consent Agenda and consideredseparately.  City council action is based on the staff recommendation for each item.  Refer to thecouncil packet for each staff report.1.Approve City Council Minutes dated September 28, 20202.Receive Planning Commission Minutes dated September 15, 20203.Approve Code Amendment to Permit the Construction of Certain Structures onOutlots4.Approve Code Amendment Requiring Zoning Permits for all Structures that Do NotRequire Building Permits5.Approve Updates to City's Purchasing Policy6.Resolution 2020­XX: Accept a Donation from Charter Bank for the Senior Center2020 Holiday Party7.Approve Development Contract for Grading Permit for The Bluffs at Lake Lucy 8.Pervious Paver Operations & Maintenance Agreement with 2061 Pinehurst Drive E.VISITOR PRESENTATIONS Visitor Presentations requesting a response or action from the City Council must complete and submit the Citizen Action Request Form (see VISITOR GUIDELINES at the end of this agenda) F.OLD BUSINESS G.PUBLIC HEARINGS H.NEW BUSINESS I.COUNCIL PRESENTATIONS J.ADMINISTRATIVE PRESENTATIONS K.CORRESPONDENCE DISCUSSION 1.2020 Building Permit Activity September Year To Date 2.Review of Claims Paid 10­12­2020 L.ADJOURNMENT M.GUIDELINES GUIDELINES FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council Meeting.  In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council.  That opportunity is provided at every regular City Council meeting during Visitor Presentations. Anyone seeking a response or action from the City Council following their presentation is required to complete and submit a Citizen Action Request Form. An online form is available at https://www.ci.chanhassen.mn.us/action or paper forms are available in the city council chambers prior to the meeting. Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue.  Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the Council. 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. CITY COUNCIL STAFF REPORT Monday, October 12, 2020 Subject Chanhassen Apartments TIF Discussion Section 5:00 P.M. ­ WORK SESSION Item No: A.1. Prepared By Kate Aanenson, Community Development Director File No:  SUMMARY Staff is recommending that the City Council direct the developer to proceed with a PUD amendment for affordable senior housing with the consideration of 90% of the available TIF for 16 years and 50 units at 60% Area Median Income (AMI) for the life of the district. BACKGROUND Todd Simning has requested that the City Council/EDA consider a request for TIF for a 100­unit affordable senior housing project. Current entitlement for the site is for 88 units (currently at 16 units per acre); the developer is asking for 110 units, which could be permitted with a zoning amendment and the inclusion of affordable housing. This item as appeared at the City Council work sessions: On July 27, Mr. Simning presented his request. The City Council directed city staff and the developer to address a number of issues. On August 24, the developer and city staff presented additional information on whether or not TIF was necessary for the project to go forward and if there was a need for affordable senior housing. The Council agreed to have the developer escrow for a TIF analysis by the city's Financial Advisor, Ehlers. DISCUSSION The city has received the TIF Note Cash Flow Analysis from Ehlers (attached). The analysis anticipates $175,150 in Annual TIF Revenue generated from the development upon stabilization. Using 75% of the available TIF provides 125% minimum annual mortgage coverage threshold to underwrite the project’s $2.4 million gap financing. Analysis for the term necessary to fill the 19­year cumulative gap at various % pledge amounts. For TIF, the statute requires that a rental development meet either of two requirements:  For as long as the TIF district is active, at least 20% of units set aside for occupancy at households at or below 50% of AMI, or At least 40% of units set aside for households at or below 60% of AMI. In this case (at least as it pertains to satisfying the TIF statute), it requires the 45 to 55 units in the proposed development meet the 60% AMI requirement. CITY COUNCIL STAFF REPORTMonday, October 12, 2020SubjectChanhassen Apartments TIF DiscussionSection5:00 P.M. ­ WORK SESSION Item No: A.1.Prepared By Kate Aanenson, CommunityDevelopment Director File No: SUMMARYStaff is recommending that the City Council direct the developer to proceed with a PUD amendment for affordablesenior housing with the consideration of 90% of the available TIF for 16 years and 50 units at 60% Area MedianIncome (AMI) for the life of the district.BACKGROUNDTodd Simning has requested that the City Council/EDA consider a request for TIF for a 100­unit affordable seniorhousing project. Current entitlement for the site is for 88 units (currently at 16 units per acre); the developer is askingfor 110 units, which could be permitted with a zoning amendment and the inclusion of affordable housing.This item as appeared at the City Council work sessions:On July 27, Mr. Simning presented his request. The City Council directed city staff and the developer toaddress a number of issues.On August 24, the developer and city staff presented additional information on whether or not TIF wasnecessary for the project to go forward and if there was a need for affordable senior housing. The Councilagreed to have the developer escrow for a TIF analysis by the city's Financial Advisor, Ehlers.DISCUSSIONThe city has received the TIF Note Cash Flow Analysis from Ehlers (attached).The analysis anticipates $175,150 in Annual TIF Revenue generated from the development upon stabilization.Using 75% of the available TIF provides 125% minimum annual mortgage coverage threshold to underwrite theproject’s $2.4 million gap financing.Analysis for the term necessary to fill the 19­year cumulative gap at various % pledge amounts.For TIF, the statute requires that a rental development meet either of two requirements: For as long as the TIF district is active, at least 20% of units set aside for occupancy at households at or below50% of AMI, orAt least 40% of units set aside for households at or below 60% of AMI. In this case (at least as it pertains tosatisfying the TIF statute), it requires the 45 to 55 units in the proposed development meet the 60% AMI requirement. RECOMMENDATION Staff is recommending the following terms for the TIF district:  90% of the available TIF for 16 years with 50 units at 60% AMI for the life of the district. If the City Council is supportive of the affordable senior housing project and the terms of the TIF district, staff is recommending the following for next steps: The developer will have to submit an application for the PUD (zoning) Amendment for the additional density. The EDA will have to approve the TIF District. ATTACHMENTS: TIF Cash Flows Analysis of the term necessary to fill the 19-year cumulative gap at various % pledge amounts Pledge of Available Tax Increment 75%85%90%95% Principal Amount of TIF Note (Cumulative gap)2,392,440.75 2,392,440.75 2,392,440.75 2,392,440.75 TIF Note Interest Rate 0.00%0.00%0.00%0.00% Collection Year Year 1 27,915.75 31,637.85 33,498.90 35,359.95 Year 2 131,362.50 148,877.50 157,635.00 166,392.50 Year 3 131,362.50 148,877.50 157,635.00 166,392.50 Year 4 131,362.50 148,877.50 157,635.00 166,392.50 Year 5 131,362.50 148,877.50 157,635.00 166,392.50 Year 6 131,362.50 148,877.50 157,635.00 166,392.50 Year 7 131,362.50 148,877.50 157,635.00 166,392.50 Year 8 131,362.50 148,877.50 157,635.00 166,392.50 Year 9 131,362.50 148,877.50 157,635.00 166,392.50 Year 10 131,362.50 148,877.50 157,635.00 166,392.50 Year 11 131,362.50 148,877.50 157,635.00 166,392.50 Year 12 131,362.50 148,877.50 157,635.00 166,392.50 Year 13 131,362.50 148,877.50 157,635.00 166,392.50 Year 14 131,362.50 148,877.50 157,635.00 166,392.50 Year 15 131,362.50 148,877.50 157,635.00 166,392.50 Year 16 131,362.50 148,877.50 152,051.85 27,585.80 Year 17 131,362.50 127,640.40 - - Year 18 131,362.50 - - - Year 19 131,362.50 - - - Year 20 - - - - Totals:2,392,440.75 2,392,440.75 2,392,440.75 2,392,440.75 Developer Stabilized NOI:1,449,063.00 1,449,063.00 1,449,063.00 1,449,063.00 Add: TIF 131,362.50 148,877.50 157,635.00 166,392.50 Less: Mortgage (1,262,800.00) (1,262,800.00) (1,262,800.00) (1,262,800.00) Debt Service Coverage:125.2%126.5%127.2%127.9% Amount Above 125% Coverage:1,925.50 19,440.50 28,198.00 36,955.50 Annual TIF Note Payment City of Chanhassen, MN Senior Housing TIF Note Cashflow Analysis Assumes $175,150 in Annual TIF Revenue generated from the Development upon stabilization 75% of Available TIF provides 125% minimum coverage threshold CITY COUNCIL STAFF REPORT Monday, October 12, 2020 Subject Snow and Ice Removal Policy Update Section 5:00 P.M. ­ WORK SESSION Item No: A.2. Prepared By Charlie Howley, Public Works Director/City Engineer File No: n/a SUMMARY Public Works and Park/Recreation Department Heads will present a draft Snow and Ice Removal Policy update.  The presentation will focus on what service level and operational changes are being proposed to more efficiently utilize city resources, along with the impacts to annual Overtime Labor expenditures. BACKGROUND The existing city policy is entitled "City of Chanhassen Winter Maintenance of Public Trails and Sidewalks Policy" and was adopted in November of 1996 (attached for reference). DISCUSSION This existing policy does not reflect current operations and addresses in a limited manner snow and ice control on streets.  It is of the opinion of the staff that an updated policy is long overdue.  The proposed policy is attached for review. Please note that the policy and/or the priority maps do not incorporate State or County roads, as the city is not in charge of winter maintenance for those routes. RECOMMENDATION Staff requests feedback on the proposed policy updates which will then be incorporated and brought back to Council at a future meeting for formal adoption ahead of the upcoming winter season. ATTACHMENTS: Existing Policy Proposed Policy CITY OF CHANHASSEN WINTER MAINTENANCE OF PUBLIC TRAILS AND SIDEWALKS POLICY ADOPTED NOVEMBER, 1996 I. INTRODUCTION This document is an addendum to the policy governing snowplowing and ice control on public streets. Winter maintenance of public trails and sidewalks is commenced upon completion of winter street maintenance. Park and recreation personnel must complete their assigned street maintenance duties prior to commencing trail and sidewalk maintenance. II. POLICY Each year the Park & Recreation Department prepares a map depicting the trails and sidewalks which will be maintained through the winter months. Generally this map includes all 8 ft. wide bituminous on and off- street trails, downtown sidewalks, and “school route” sidewalks. Snow removal and ice control on residential sidewalks is the responsibility of the property owners residing or controlling the propert ies adjacent to these sidewalks. III. COMMENCEMENT OF OPERATIONS Winter trail and sidewalk maintenance typically commences one full day after a snowfall of two inches or more. Scheduling of work is dependent upon the release of personnel from their stree t maintenance duties. Priority is awarded downtown trail and sidewalk routes and high use trails. IV. SNOW STORAGE In most instances snow and ice removed during the street maintenance is deposited onto the boulevard and sidewalk/trail area. Trail and sidewalk clearing operations result in this snow and ice being placed farther “back” onto the boulevard. In places of extreme confinement, snow and ice may be bladed down a trail or sidewalk for a distance prior to being deposited onto the boulevard. V. USE OF SAND AND SALT The City is concerned about the effect of salt and sand on the environment and will limit its use for that reason. Therefore, it is the policy of the City to utilize salt and sand at locations where there are hazardous or slippery conditions. This provides for traction but is not intended to provide bare pavement during winter conditions. The City will not be responsible for damage to grass caused by salt and sand and therefore will not make repairs or compensate residents for salt and sand damage to turf areas in the street right-of-way VI. PROPERTY DAMAGE Snowplowing and ice control operations can cause property damage even under the best of circumstances and care on the part of the operators. The primary types and area of potential dam age are typically related to private improvements made within the City right-of-way which extends approximately 10 to 15 feet beyond the curb location. The intent of the right-of-way is to provide room for snow storage, utilities, sidewalks and other City uses. A. Mailboxes - Mailboxes should be constructed sturdily enough to withstand snow rolling off a plow or wing. While the installation of mailboxes on City right-of-way is permitted, the mailbox owner assumes all risk of damage except when a mailbox is damage through contact by a plow blade, wing, or other piece of equipment. If a mailbox is damaged due to direct contact by snow plowing equipment, the City, at its option, will repair or replace the mailbox at a cost not to exceed $30.00. Damage resulting from snow rolling off a plow or wing is the responsibility of the resident. B. Landscaping - Property owners assume all risk of damage for landscaping, including nursery and inanimate materials that are installed or encroach on City right-of-way. The City assumes no responsibility for damage incurred to these non-permitted elements as a result of snow plowing and ice control activities with the exception that lawns that are scraped or gouged by City equipment will be repaired by top dressing and seeding the fo llowing spring. In addition, inanimate materials such as boulders, timbers, etc. are a hazard and can cause damage to plow equipment. C. Other Private Installations - The City will assume no responsibility for underground lawn sprinkling systems, exterior lighting systems, underground electronic dog fences or any other non-permitted features privately installed in City right-of-way. IX. DRIVEWAYS One of the most frequent and irritable problems in plowing snow from public streets, trails and sidewalks is snow deposited in driveways. The operators make every attempt to minimize the amount of snow deposited in driveways; however, due to the inherent design of plow equipment, the amount can still be significant. Due to established priorities and staffing levels, City personnel do not provide driveway cleaning. Possible exceptions are at the discretion of the Street or Park Superintendent for a fire or medical emergency situations. X. COMPLAINTS/INQUIRIES Complaints and inquiries regarding winter maintenance of public trails and sidewalks should be made with the Park Superintendent at the city’s public works facility. The phone number during normal business hours is 952-227-1301. Responses to inquiries shall be made within 24 hours. Snow & Ice CITY OF CHANHASSEN Adopted Nov. 1996 Updated March 2020 POLICY G:\ENG\Users\CHowley\Policy\Snow and Ice\2020 snow and ice policy for CC workshop.docx Page 1 of 4 PURPOSE The city shall provide snow and ice management of public streets, trails/walks and parking lots in a safe and cost effective manner to support routine travel and emergency response services. Snow and ice management services shall be performed while prioritizing the safety of employees and the public, adhering to annual budget, observance of private property and being cognizant of environmental concerns. POLICY The Public Works and Parks & Recreation Departments will maintain system maps showing the publically maintained streets, trails/walks and parking lots that show routes and priorities. These routes and priorities shall be reviewed annually to correspond with up to date budgetary, equipment and personnel resources. The prioritization of streets, trails/walks and parking lots shall be based on the city function, relative traffic volumes, geometrics, and safety considerations. Priorities are designated as A, B or C as shown on the attached maps, with Priority A routes being treated first. Priority A are routes that consistently see high traffic volumes, connect major sections of the city, and/or provide access to schools, commercial businesses, public buildings and access for emergency fire, police and medical services. Second tier Priority B routes consist of lower volume residential streets and neighborhood and off-corridor trails/walks. The last priority, Priority C, include cul-de-sacs, public facility hardscapes and non-critical parking lots. Public utility facilities such as lift stations, treatment plants and well houses shall be completed by the Utility Department and are generally considered Priority C. COMMENCEMENT OF OPERATIONS The Public Works and Parks & Recreation Department staff, with the assistance of Carver County Sheriff deputies, monitor conditions across the city after snow and ice precipitation events to determine the timing and the number of personnel and equipment needed to provide a response that meets the goals of this policy. Typically, the Superintendent will call in staff to start plowing in the early AM hours to stay ahead of the AM rush hour commute. Plowing operations greatly depend on the duration of a snow and ice precipitation event, along with amount, temperature and form of precipitation. No two storms are the same, so plowing operations shall be adjusted accordingly ROUTE OPERATIONS The following are the city’s general guidelines when determining the snow and ice management plan: A. With snow accumulations less than 1 inch, only Priority A routes will be plowed and/or treated. If a weather system produces, or is forecasting freezing rain or ice, additional areas may be treated per Superintendent discretion. Typically, all work shall be done without the need for overtime labor. B. With snow accumulation between 1 to 2 inches, all routes shall be maintained, beginning with Priority A routes. The management/plowing plan may be dependent on temperature and time of year as early or late season events may allow for ambient temperature to actively melt much of the accumulation. Streets shall be treated/plowed curb to curb with snow pushed onto the boulevard storage area; however, cul-de-sacs shall only be treated/plowed by one pass along the curb to provide an outlet for the driveways, with snow storage in the middle of the cul-de- sac. Trails that connect arterial streets may need to be plowed several times due to the street plows pushing snow from the street onto boulevards and trails. After completing Priority A routes, work will commence onto the Priority B routes. Once Priority B routes are completed, G:\ENG\Users\CHowley\Policy\Snow and Ice\2020 snow and ice policy for CC workshop.docx Page 2 of 4 staff can then move onto Priority C routes including parking lots and public building hardscapes. Overtime labor restrictions shall be utilized for clearing Priority B and C routes. C. With snow accumulation of more than 2 inches, depending on the rate of accumulation and other weather factors, Priority A routes may have to be treated/plowed repeatedly during the duration of the storm to keep travel lanes open. Cul-de-sacs will only be treated/plowed with one pass along the curb to provide an outlet for driveways. Once the snowfall has ended a complete curb to curb service will start wherein all routes are treated/plowed starting with Priority A. In these types of events, after the snow has stopped, it may take up to 10 hours to clear Priority A, B, and C routes. Overtime labor restrictions shall be utilized for Priority C routes only. ICE SKATING RINKS Ice rinks are generally not covered by this policy as their establishment and maintenance are not directly a result of snow events. The city’s website has a description of the intended maintenance routines, however overtime labor restrictions shall be used. SNOW STORAGE Typical snow and ice control efforts require the use of city-owned right-of-way and easements for storage of plowed snow. Depending upon the volume of snow, available storage within right-of-way can become limited and/or create sight obstacles. Since it is infeasible to remove snow from all boulevards and intersection corners, the Superintendent may direct operations to “wing plow” snow banks along the right-of-way. This “wing plow” operation results in snow being pushed back further onto the right-of-way area and thus creates more snow storage in the boulevard for the next plowing event. Where space does not allow for a “wing plow” operation, such as in the downtown area, snow will be removed as needed and hauled to available city property for storage. Timing of such hauling will be at the discretion of the Superintendent. USE OF SALT The City shall be conscientious about the detrimental effects of salt on the environment and will therefore be diligent in its use. The City shall strategically utilize either straight salt or a treated combination to calibrate the application to the lowest effective amount per lane mile. The goal of this strategy is to provide sufficient traction for vehicles but is not intended to provide a completely bare/dry pavement. Application of salt is generally limited to Priority A routes and other steep grades where a greater need for vehicular traction is warranted. The City shall not be held responsible for damage to private property caused by the use of salt, and therefore will not make repairs or compensate property owners for salt damage to areas in the public right-of-way. SUSPENSION OF OPERATIONS Generally, operations shall continue until applicable route priorities are passable. Widening and clean-up operations may continue immediately or on the following working day depending upon conditions and circumstances. Safety of the staff and public is of primary importance, and therefore operations may be terminated by the Superintendent or Director to allow personnel adequate time for rest or in response to unsafe conditions. Any suspension of operations shall be weighed against the need to provide access for emergency fire, police and medical services during a major snow or ice storm. G:\ENG\Users\CHowley\Policy\Snow and Ice\2020 snow and ice policy for CC workshop.docx Page 3 of 4 PROPERTY DAMAGE Snow and ice control operations can cause property damage even under the best of circumstances and care on the part of the operators. The primary area of potential damage typically relates to private improvements made within public right-of-way. It is the city’s preference to provide reimbursement for damages rather than allocating staff for repairs. A. Mailboxes – Mailboxes shall be constructed sturdily enough to withstand snow rolling off a plow or wing. While the installation of mailboxes in the public right-of-way is permitted, the mailbox owner assumes all risk of damage except when a mailbox is damaged through direct contact by a plow blade, wing, or other piece of snow removal equipment. If the city determines a plow hit the mailbox, the city will replace the mailbox and post with a standard size non-decorative metal box and 4” x4” decay resistant wood support post. Alternatively, the city will reimburse the mailbox owner a maximum amount of $50 for the replacement of the damaged mailbox and post. All replacement mailboxes and posts, whether installed by the city or property owner must be installed per the city’s standard detail as shown on the Mailbox ABC’s exhibit. Plow operators make every effort to plow as close to the curb line as possible to provide mail carriers access to mailboxes. However, it is not possible to align the plow perfectly with the curb while attempting to minimize damage to mailboxes from indirect contact given the size of equipment, visibility and amount of snow pushed into the boulevard. Thus, the final cleaning adjacent to mailbox is the responsibility of each resident and subject to the delivery requirements of the USPS. B. Landscaping – The property owner assumes all risk of damage to landscaping, including nursery and inanimate materials that are installed or encroach into the public right-of-way. The exception are lawns that are scraped or gouged by snow removal equipment. Under this scenario, the area will be repaired by top dressing with topsoil and seeding during the following growing season. Property owners are required to water the area that are repaired during establishment period. C. Irrigation systems – Given the proper location for irrigation sprinkler heads necessitates that they typically be installed adjacent to the curb line, the city will reimburse the property owner up to $35 per sprinkler head for damage resulting from direct contact with snow removal equipment. Irrigation heads must be positioned at or below grade. If irrigation heads are above grade and damaged, the city shall not be responsible for repair or reimbursement. Documentation of costs incurred must be provided by the property owner for reimbursement. D. Other Private installations - The city will assume no responsibly for exterior lighting systems, underground electronic dog fences or any other non-permitted private property installed in the public right-of-way. E. Timeframe for claims - The city will assume no responsibility for property damage if a claim is not received by the city by May 1 of any calendar year. DRIVEWAYS The city recognizes that one of the most frequent and irritable problems for homeowners resulting from plowing snow off public street, trails, sidewalks, is snow deposited in driveways. The operators make every attempt to minimize the amount of snow deposited in driveways; however, due to the inherent design of the plow equipment, the amount can still be significant. Due to established priorities and staffing levels, city personnel do not provide driveway plowing. Exceptions are at the discretion of the Superintendent or if snow accumulation affects emergency services or situations. G:\ENG\Users\CHowley\Policy\Snow and Ice\2020 snow and ice policy for CC workshop.docx Page 4 of 4 GARBAGE/RECYCLING CONTAINERS The container(s) should be set back 3 feet behind the curb line and not placed in the street. Containers will not be repaired or replaced by the City if damaged during snow removal operations. PARKING Per City Code Sec. 12-16, on-street parking is prohibited between November 1 and April 1 between the hours of 1:00 AM and 7:00 AM, and also prohibited when there is 2 inches or more of snow on a street until the street has been plowed curb to curb. Representatives of the Carver County Sheriff's Department, Minnesota State Patrol, and Community Service Officers shall have the authority to impound vehicles in violation of this section. CLEARING AROUND FIRE HYDRANTS Property owners or occupants are highly encouraged to keep fire hydrants clear of snow to assist the fire department with emergency response. It is not necessary to clear all the way to the edge of the street, but it is important to shovel approximately 3 to 4 feet around the hydrant down to the area where the fire hoses are connected. SNOW AND ICE REMOVAL FROM SIDEWALKS Per City Code Sec. 17-50, Snow and ice removal from public sidewalks abutting private property is the responsibility of the property owners or occupants. Removal of snow and ice from such sidewalks shall be completed within 12-hours after the snow and ice has been deposited. COMPLAINTS/INQUIRIES Complaints regarding snow and ice control operations, including damage claims, shall be made to the Public Works Department via phone 7:30 AM – 3:30 PM by calling (952) 227-1301 or via Request Tracker on the city’s website. Complaints involving access to property or problems requiring immediate attention shall be handled on a priority basis. Response time should not exceed twenty-four hours from any complaint. It shall be understood that the complaint responses are to ensure that the provision of this policy has been fulfilled and that all residents of the city have been treated uniformly. PLACING SNOW OR ICE IN A PUBLIC RIGHT-OF-WAY Minnesota Statue 160.27 prohibits plowing, shoveling, blowing or placing snow from private property onto public streets. The act of placing snow onto a public street may subject a person to a civil liability if a street hazard such as a slippery area, frozen rut or bump occurs and causes a traffic accident. The civil liability may extend to both the property owner and the person who actually placed the snow on the street, including private snow removal contractors working on behalf of property owners. 12345 LAKE VIEW NEWSPAPER 6 INCHES 42 - 48 INCHESCURB AND BOX FLUSHMINIMUM 36”Mailbox ABC ’s Helpful hints to protect your mailbox from the snowplow. Mailbox shown is at CORRECT height. Snowplow blade CLEARS the mailbox. Front of mailbox should be flush with the back of the curb. Bottom of mailbox should be 42 - 45 inces to top of the street. Newspaper boxes and other containers should be set back a minimum of 6 inches from the back of the curb. Mailbox shown is below the correct height. Snowplow blade hits the mailbox. CORRECT INCORRECT CITY OF CHANHASSEN PUBLIC WORKS DEPARTMENT 7901 Park Place, Chanhassen, MN 55317 952.227.1300 www.ci.chanhassen.mn.us A B C ³CH±"F) "F)!!!!! ! ! !!!!!!! !!!!!!! !!!!!!!!!!!!!!!! !!!!!!!!!!! !! !!!! !!!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! !!!! ! !!! ! ! ! !!!!!! !! ! !!!! ! !!! ! ! ! !!!! ! !!!!!!!!!!! ! !!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!! !!!!!!!!!!!!!! ! ! !! !!!!!!!!!!!!! !!!!!!!!!!!!!!!! ! !!! ! !!!!!!!!!!!!!!!! ! !!!!!!!!!!!!!! ! ! ! ! !!!!!! !!!!!!!!!!!!!!!!! ! ! !!! ! ! ! !! !!!!! !!!!!!!!!!!!! ! ! ! !!!!!!!!! ! ! ! !! !!!!!!!!!!!! ! ! ! !!!!!!!!!!!!!! !!!!!!!!!!!!!!! !!!!!!!!!! !!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!! !!!!! ! !!!!!!!!! !!!!!!!!!!! !!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!! !!!!! !!!!!!!!!!!!!!!!! ! !!!!!!!!! ! ! ! ! ! !!! ! ! !! ! !!!!!!!!!!!!!! !!!!!!!!!!!!!! !!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!Lake Minnewashta Lake Lucy Lake Ann Lotus Lake Lake Susan Lake Riley Lake Harrison Rice Marsh Lake Rice Lake Lake Saint Joe Lake Virginia Lake Minnewashta Regional Park (County Park) Herman Field Park Roundhouse Park Minnewashta Heights Park Pheasant Hill Park North Lotus Lake Park Carver Beach Park Minnesota Landscape Arboretum Minnesota Landscape Arboretum Chanhassen Nature Preserve Bluff Creek Preserve Bluff Creek Preserve Bluff Creek Preserve Pioneer Pass Park Bluff Creek Golf Course Hesse Farm Preserve Seminary Fen Scientific and Natural Area (SNA) Raquet Wildlife Management Area (WMA) Raquet Wildlife Management Area (WMA) MN Valley National Wildlife Refuge Foxwoods Preserve Riley Ridge Park Bandimere Park Lake Susan Park Lake Susan Preserve Lake Ann Park Meadow Green Park South Lotus Lake Park Power Hill Park Pleasant View Preserve Minneso t a R i v e r Cathcart Park Keber Po n d Christmas Lake Brendan Pond ?©A@?©A@ ?©A@ ?©A@ +¢ +¢ +¢ ?ûA@ ?ûA@ ?«A@ ?«A@ ?ÌA@ ?ÌA@ ?ÌA@ ?ûA@ ?ûA@ GoWX GrWX GrWX GrWX GïWX GqWX GqWX GqWX GqWX GqWX GnWX GnWX GnWX GÇWX GÇWX GÇWX GïWX Route Priorities A B C 0 4,000 Feet 0 0.5 1 Mile Other Features Date Saved: 10/7/2020 11:37 AM City Boundary Parks Creeks Lakes Parcel Boundaries Road Not a Through Street Private Road Railroad Fire Station"F) City Hall³CH± ³CH±"F) "F)IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA Lake Minnewashta Lake Lucy Lake Ann Lotus Lake Lake Susan Lake Riley Lake Harrison Rice Marsh Lake Rice Lake Lake Saint Joe Lake Virginia Lake Minnewashta Regional Park (County Park) Herman Field Park Roundhouse Park Minnewashta Heights Park Pheasant Hill Park North Lotus Lake Park Carver Beach Park Minnesota Landscape Arboretum Minnesota Landscape Arboretum Chanhassen Nature Preserve Bluff Creek Preserve Bluff Creek Preserve Bluff Creek Preserve Pioneer Pass Park Bluff Creek Golf Course Hesse Farm Preserve Seminary Fen Scientific and Natural Area (SNA) Raquet Wildlife Management Area (WMA) Raquet Wildlife Management Area (WMA) MN Valley National Wildlife Refuge Foxwoods Preserve Riley Ridge Park Bandimere Park Lake Susan Park Lake Susan Preserve Lake Ann Park Meadow Green Park South Lotus Lake Park Power Hill Park Pleasant View Preserve Minneso t a R i v e r Cathcart Park Keber Po n d Christmas Lake Brendan Pond ?©A@?©A@ ?©A@ ?©A@ +¢ +¢ +¢ ?ûA@ ?ûA@ ?«A@ ?«A@ ?ÌA@ ?ÌA@ ?ÌA@ ?ûA@ ?ûA@ GoWX GrWX GrWX GrWX GïWX GqWX GqWX GqWX GqWX GqWX GnWX GnWX GnWX GÇWX GÇWX GÇWX GïWX 0 4,000 Feet 0 0.5 1 Mile Other Features Date Saved: 10/7/2020 11:24 AM Railroad City Boundary Parks Creeks Lakes Parcel Boundaries Fire Station"F) Parking LotIA City Hall³CH±Route Priorities IA A Parking Lots A B C CITY COUNCIL STAFF REPORT Monday, October 12, 2020 Subject Review of 2021­2025 CIP Section 5:00 P.M. ­ WORK SESSION Item No: A.3. Prepared By Greg Sticha, Finance Director File No:  BACKGROUND Capital Improvement Plan The Capital Improvement Plan is a five­year projection of the funds needed to maintain the city’s existing capital assets and add improvements or system expansions when necessary.It is incumbent on the City Council and staff to exercise prudent stewardship over these capital assets.This plan will fully fund our capital needs while maintaining existing services. Capital Replacement Equipment Fund The city currently levies $800,000 per year for the Capital Replacement Equipment Fund (400) to finance capital equipment purchases.In 2021, these purchases are estimated to be $931,550.There is approximately $1.1M in reserves in this fund.The anticipated reserves after 2021 will now be below $1M.The levy has not been increased beyond its initial levy amount of $800,000 in 2005 and will need to be increased significantly starting in 2022. Some highlights of capital equipment replacement purchases planned for 2021 are: $230,000 for replacement of a dump/plow truck (EQ­016); approximately $190,000 in various software, hardware and computer upgrades (EQ­ 013, EQ­048 & EQ­049); a brush chipper $86,000 (EQ­115) and a replacement of the rec center wall $80,000 (MB­034). PARK DEDICATION FUND The only activity within the Park Dedication fund will be the repayment for the Arboretum Trail for the next five years, the 2021 payment will be around $1.3M (PK&T­138). PARK EQUIPMENT REPLACEMENT FUND The park equipment replacement fund has roughly $250,000 remaining in reserves going into 2021.This would allow for one more year of park equipment replacement projects.For 2021 this includes improvements to Carver Beach Park, Lake Susan Park, Roundhouse Park and Stone Creek Park (PK&T­141).While the CIP sheet has scheduled projects for 2022 and beyond, unless a funding source is found for 2022 those projects will have to be delayed. Other Major Capital PROJECTS (Projects over $250,000 for 2021) CITY COUNCIL STAFF REPORTMonday, October 12, 2020SubjectReview of 2021­2025 CIPSection5:00 P.M. ­ WORK SESSION Item No: A.3.Prepared By Greg Sticha, Finance Director File No: BACKGROUNDCapital Improvement PlanThe Capital Improvement Plan is a five­year projection of the funds needed to maintain the city’s existing capital assetsand add improvements or system expansions when necessary.It is incumbent on the City Council and staff to exerciseprudent stewardship over these capital assets.This plan will fully fund our capital needs while maintaining existingservices.Capital Replacement Equipment FundThe city currently levies $800,000 per year for the Capital Replacement Equipment Fund (400) to finance capitalequipment purchases.In 2021, these purchases are estimated to be $931,550.There is approximately $1.1M inreserves in this fund.The anticipated reserves after 2021 will now be below $1M.The levy has not been increasedbeyond its initial levy amount of $800,000 in 2005 and will need to be increased significantly starting in 2022.Some highlights of capital equipment replacement purchases planned for 2021 are: $230,000 for replacement of adump/plow truck (EQ­016); approximately $190,000 in various software, hardware and computer upgrades (EQ­013, EQ­048 & EQ­049); a brush chipper $86,000 (EQ­115) and a replacement of the rec center wall $80,000(MB­034).PARK DEDICATION FUNDThe only activity within the Park Dedication fund will be the repayment for the Arboretum Trail for the next five years,the 2021 payment will be around $1.3M (PK&T­138).PARK EQUIPMENT REPLACEMENT FUNDThe park equipment replacement fund has roughly $250,000 remaining in reserves going into 2021.This would allowfor one more year of park equipment replacement projects.For 2021 this includes improvements to Carver BeachPark, Lake Susan Park, Roundhouse Park and Stone Creek Park (PK&T­141).While the CIP sheet has scheduledprojects for 2022 and beyond, unless a funding source is found for 2022 those projects will have to be delayed. Other Major Capital PROJECTS (Projects over $250,000 for 2021) The largest project for 2021 is the continuation of the TH101 improvements $16M (ST­032).The only city share of these costs is for roughly $1M in utility improvements related to the reconstruction. Lyman Boulevard Improvements from Galpin Boulevard to TH 41 for a total cost of $10.4M (ST­038).The majority of the improvements would be the responsibility of other agencies but does include $1.5M in city funds that will be due in 2021. In 2021 there are $6.8M in local street improvements scheduled (ST­012).That number includes $3.6M in local street costs, $975,000 in MSA street costs and roughly $2.2M in utility improvements related to the reconstructed streets.These neighborhoods will likely include the ones from the 20­05 project that was cancelled and not completed this year, excluding the Lake Lucy Road project which relies on MSA funding and is now scheduled for 2022. There are a number of utility projects that are dependent on development.Each of these will be evaluated on an annual basis and adjustments will be made to the CIP in future years as development dictates, and will also be made in conjunction with our annual rate study. Listed below are the capital items greater than $250,000 for 2021 that were not discussed earlier in this memo, including the related funding source: Project Funding Source Amount Annual Stormwater Pond Improvements (SWMP­ 032)Surface Water Improvement Fund $300,000 Annual Street Pavement Mgmt (Sealcoats & Potholes)Levy $353,000 DISCUSSION Staff will be looking for feedback on the capital items listed in the CIP document and, in particular, for direction on changes to any of the capital items for 2021.The final version of the 2021­2025 CIP will be adopted at the City Council meeting on December 14, 2020. ATTACHMENTS: Complete CIP All Projects Eqpt Fund Only CIP Eqpt Fund Spending history & projected Capital Improvement Program City of Chanhassen, MN PROJECTS BY FUNDING SOURCE 2021 2025thru TotalSource Project # Priority 2021 2022 2023 2024 2025 Capital Replacement Equipment Fund EQ-004 330,000330,000Fire Dept.: SCBA Equipment n/a EQ-010 142,85015,000 31,300 31,300 32,250 33,000PPE: Turnout/Helmets n/a EQ-013 367,10069,500 78,600 84,500 46,400 88,100Computer/Network Equipment Purchases/Upgrades n/a EQ-014 55,3004,300 50,000 1,000Telecommunication Purchases/Upgrades n/a EQ-015 63,00031,000 32,000Vehicle Replacement - Building Inspections n/a EQ-016 1,304,000231,000 238,000 245,000 330,000 260,000Vehicle Replacement - Dump/Plow Trucks n/a EQ-029 127,00078,000 49,000Vehicle Replacement - Streets n/a EQ-048 531,900104,100 104,700 104,900 107,800 110,400Software Purchases n/a EQ-049 43,80015,900 7,500 9,500 9,000 1,900Computerized Records Retention System n/a EQ-054 244,00065,000 35,000 144,000Fire Vehicles n/a EQ-055 37,10016,300 1,300 1,500 16,500 1,500Aerial Photography for City GIS Datasets n/a EQ-063 27,00027,000Vehicle Replacement - Administration n/a EQ-065 67,00032,000 35,000Vehicle Replacement - Engineering n/a EQ-081 55,00055,000Storage Area Network (SAN) n/a EQ-083 33,40033,400Vehicle Replacement - CSO n/a EQ-084 25,0005,000 5,000 5,000 5,000 5,000Office Furniture n/a EQ-098 154,500154,500Snowblower attachment for Loader n/a EQ-099 41,70041,700Sweeper - Parks n/a EQ-100 362,30043,000 36,000 46,000 47,000 190,300Vehicle Replacement - Parks n/a EQ-104 184,000101,000 83,000Mower Replacement n/a EQ-106 222,000105,000 95,000 22,000Tractor Replacement - Park n/a EQ-115 86,00086,000Brush Chipper n/a EQ-124 137,71055,950 20,440 20,440 20,440 20,440Annual Skid Loader Trade In n/a EQ-127 46,00018,500 9,000 9,000 9,500Copier Replacements n/a EQ-132 35,00035,000Vehicle Replacement - Mechanics n/a EQ-137 100,00025,000 15,000 20,000 20,000 20,000Miscellaneous Fire Equipment/Hose Replacement n/a EQ-140 50,00025,000 25,000Recreation Center Revitalization Project n/a EQ-152 10,0006,000 4,000Security / Access Control Systems n/a EQ-158 44,30044,300Hot Box with Asphalt Premix Heater n/a EQ-165 59,00059,000Vibratory Compactor n/a EQ-169 30,00030,000Compressor n/a EQ-171 76,7507,400 33,350 36,000Trailer Replacement n/a EQ-172 20,00020,000Weed Sprayer n/a EQ-173 33,00033,000Vehicle Replacement - Planning n/a EQ-175 4,0004,000Snow Pusher Blade for Loader n/a EQ-177 195,00054,750 76,500 63,750Finance Software Replacement n/a MB-031 30,47511,000 9,800 500 9,175Senior Center/Maple Room Kitchen Update n/a MB-033 300,000300,000City Hall Roof Replacement n/a MB-034 80,00080,000Recreation Center Wall Replacement n/a MB-037 114,00032,000 48,000 14,000 20,000Public Works Building Maintenance n/a PK&T-132 30,00030,000Lake Ann Lake Side Pavilion Roof Replacement n/a 5,899,185931,550 1,285,990 1,251,140 1,499,690 930,815Capital Replacement Equipment Fund Total - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Proj 2021 Proj 2022 Proj 2023 Proj 2024 Proj Eqpt Fund 2011 - 2024 CITY COUNCIL STAFF REPORT Monday, October 12, 2020 Subject Review of Enterprise Operating Fund Budgets and Special Revenue Fund Budgets Section 5:00 P.M. ­ WORK SESSION Item No: A.4. Prepared By Greg Sticha, Finance Director File No:  BACKGROUND This evening staff will be reviewing the final operating budgets with the City Council.  These include the city's three utility funds and three special revenue funds.  At the end of that discussion staff will be sharing a big picture total spending view scheduled for 2021.  This is being done to give perspective to all the various spending the city has scheduled and not looking at just the city's General Fund. ATTACHMENTS: Special Revenue PPT Enterprise Funds PPT 2021 Budget Before We start…….. A Big Picture Look! City of Chanhassen 2021 Total Spending General Fund 39% Eqpt Fund 3% Special Rev Funds 1%Road Maint & Reconstruct 17% Park Eqpt Replace & Park Ded Funds 5% Utility Funds Operating 20% Utility Capital 14% PW Bldg Debt Levy 1% Type of Expense 2021 Budget General Fund $ 12,141,100 Eqpt Fund 931,550 Special Rev Funds 228,900 Road Maint & Reconstruct 5,364,000 Park Eqpt Replace & Park Ded Funds 1,541,300 Utility Funds Operating 6,288,500 Utility Capital 4,340,100 PW Bldg Debt Levy 479,800 TOTAL ALL Funds $ 31,315,250 2021 Budget SPECIAL REVENUE FUNDS Charitable Gambling (10%),Cable TV & Cemetery Funds 2021 Budget CHARITABLE GAMBLING FUND (201) This fund accounts for the proceeds that the city receives from charitable gambling. The city collects 10% of the net proceeds from pull tab sales at the Chanhassen American Legion. These proceeds may only fund public safety training and equipment or programs that benefit youth. Services Provided/Outcomes Charitable Gambling, 201 •The City currently uses the funding provided from the American Legion to purchase equipment or pay for training in accordance with state statute. Charitable Gambling, 201 Personal Service Materials & Supplies Contractual Services Total Budget 2021 $0 $0 $53,800 $53,800 2020 $0 $0 $53,600 $53,600 Percent Change 0.0%0.0%+0.4%+0.4% Significant Changes: •COVID –19 Guidelines impacted the Chanhassen Legion during the pandemic with no gambling from March –May. Lower than normal activity has continued based on the pandemic and rules related to lower occupancies for the remainder of 2020. 2020 Accomplishments •100% of the proceeds are utilized to support the training salaries of the fire department 2021 Budget CABLE TELEVISION FUND (210) The Cable TV franchise agreement with Mediacom includes a 5% franchise fee. These revenues are to be used for the improvement of public broadcasting capabilities, studio improvements, and other capital expenditures improving the overall cable system. Services Provided/Outcomes Cable Television Fund, 210 Staff: •City Recorder (100%) •A portion of Assistant City Manager (25%) Channel 8: •Software, hardware, and operating costs Personal Service Materials & Supplies Contractual Services Capital Total Budget 2021 $120,500 $5,000 $32,300 $15,000 $172,800 2020 $116,400 $5,000 $32,300 $15,000 $168,700 Percent Change +3.5%0.0%0.0%0.0%+2.4% Cable Television -210 Significant Changes: •No significant changes. 2020 Accomplishments •Update audio/visual capabilities to adapt to COVID-19 pandemic. 2021 Budget CEMETERY FUND 202 The Cemetery Fund accounts for maintenance fees, grave sales and collection of interment fees in the city’s cemetery. The cemetery is located at 8151 Galpin Blvd. Services Provided/Outcomes Cemetery Fund, 202 •The City currently maintains one cemetery at 8151 Galpin Blvd. Plots are available for sale to residents ($400) and non- residents ($600). The activities had previously been accounted for in the city’s General Fund, but with the expansion in 2014/15 staff decided to account for all future activities separately. •There is currently $58,000 in reserves at the end of 2019, which will be used for site maintenance and capital needs over time. Cemetery Fund, 202 Personal Service Materials & Supplies Contractual Services Total Budget 2021 $0 $0 $2,300 $2,300 2020 $0 $0 $2,000 $2,000 Percent Change 0.0%0.0%+15.0%+15.0% Significant Changes: •No significant changes. 2020 Accomplishments •23 plots sold -$11,200 in revenue (year to date) •13 @ $400 (resident) •10 @ $600 (non-resident) 2021 Budget ENTERPRISE FUNDS Water, Sewer and Storm Sewer Funds 2021 Budget WATER OPERATIONS 700 To provide a safe, reliable, efficient and cost-effective water operation system to meet the needs of residents and businesses now and into the future. Services Provided/Outcomes Water Operations, 700 Staff: 10 employees (water & sewer combined) Major Expenditures: •Chemicals for water treatment •Utilities to run operations •Repairs to system •Annual Well rehabilitation Major Responsibilities: •Provide dependable and safe potable water supply for residents and businesses •Operate 13 wells and 2 treatment plants •Perform approx. 1400 Water Quality tests annually •Annual hydrant flushing •Repair watermain breaks •Install/replace water meters and radios •Provide dependable water supply for fire protection •Provide utility locates for excavations Personal Service Materials & Supplies Contractual Services Total Budget 2021 $832,500 $412,600 $892,800 $2,137,900 2020 $825,500 $427,800 $847,800 $2,101,100 Percent Change +0.8%-3.6%+5.3%+1.8% Water Operations -700 Significant Changes: •No significant changes for 2021 2020 Accomplishments •Closed out the West Water Treatment Plant project •Contracted for migration to R900 water meter radios •Completed rehabilitation of Tower #3 •Performed department SWOT analysis 2021 Budget Sewer Operations 701 To provide an efficient, well-maintained and cost-effective sewer collection system to meet the needs of a growing community. Services Provided/Outcomes Sewer Operations, 701 Staff: 10 employees (water and sewer combined) Major Expenditures: •MCES Sewer Connection Fees -$2,072,000 •Annual Lift Station rehabilitations •Repairs to system Major Responsibilities: •Provide dependable and safe sanitary sewer collection •Annual inspections and cleaning operations •Repair sanitary sewer breaks •Maintain 32 sewer pumping stations (lift stations) •Mitigate infiltration/inflow (I & I) sources •Provide utility locates for excavations Personal Service Materials & Supplies Contractual Services Total Budget 2021 $532,700 $40,300 $2,820,400 $3,393,400 2020 $534,700 $40,800 $2,390,600 $2,966,100 Percent Change -0.4%-1.2%+18%+14.4% Sewer Operations -701 Significant Changes: •Increase of 20% in MCES fees. 2020 Accomplishments •Technology improvements, i.e. connecting facilities to county fiber loop •Utilized more efficient way to investigate sewer pipes (SLRAT) •Completed private I&I study •Performed department SWOT analysis Infiltration and Inflow (I & I) Sewer Operations, 701 •2.0% of the Municipal Wastewater Charge (MWC) increase is due to MCES’ regional increase in cost for treatment •The average flow increase across the metro region by 10.3% •The 2021 MWC is based on 2019 data •The city had a relatively high number of SAC’s from 2018 •2019 had the highest recorded precipitation totals since records began being kept in 1892 •The Metro area saw an average increase in precipitation of approx. 39% •More rainfall generally equates to spikes in sewer flows due to I & I •Recent history of Chanhassen MWC rate changes •2020 9.7% •2019 3.5% •2018 18.5% •2017 7.2% •2016 -9.0% Infiltration and Inflow (I & I) Sewer Operations, 701 Steps the City has and will be taking to address the MCES Municipal Wastewater Charge (MWC): •Continue with recommendations from private I&I study, including Mandatory Inspection Program supported by Council at 08/24/2020 •Reminder that the Point of Sale recommendation was not supported •Annual Lift Station rehabilitations •Annual sewer televising ahead of street projects to scope needed repairs •Targeted televising of areas with no previous records •Annual MH inspections and casting adjustments/replacements •MCES just lined a large section of their interceptor near The Park development that had known I & I intrusion •MCES has indicated that they will be replacing their meter (M413) which accounts for the lions share of our community flow •The upstream (deduct) meter M439 was replaced in 2018 2021 Budget Surface Water Management 720 Dedicated to maintaining and improving surface water quality and the protection of the property through the maintenance and expansion of the storm water drainage and treatment system in a cost-effective manner while assuring compliance with rules for Phases II MS4s. Services Provided/Outcomes Surface Water Management, 720 Staff: •3 employees: Water Resources Coordinator, Natural Resources Technician, Environmental Resource Specialist Major Expenditures: •Contractual fees and services •Storm sewer and pond repairs Major Responsibilities: •Operation and maintenance of storm water infrastructure to meet MS4 permit requirements •Address resident concerns with drainage, erosion, forestry, etc. •Inspect construction sites for compliance with NPDES permits •Review development/building plans •Administer Wetland Conservation Act •Community outreach and education initiatives •Management of public tree inventory including diseased tree inspections, site inspections for compliance with landscape plans, manages escrow funds, and addressing pest and disease outbreaks •Contract for AIS inspections at public boat accesses Personal Service Materials & Supplies Contractual Services Total Budget 2021 $391,100 $56,800 $309,300 $757,200 2020 $363,400 $63,000 $245,600 $672,000 Percent Change +7.6%-9.8%+25.9%+12.7% Surface Water -720 Significant Changes: •Increase in wages for Water Resources Coordinator position •Increase in contractual services to support stormwater management permitting authority •Migration of streets expenditures for storm water related repairs 2020 Accomplishments: •Filled the vacant Water Resources Coordinator position •Drafted updates to LSWMP and City Code, moving toward stormwater management permitting authority •Inspected all of the City’s stormwater ponds, and preparing a prioritized plan for cleanout and repair •Performed department SWOT analysis City of Chanhassen 2021 Total Spending General Fund 39% Eqpt Fund 3% Special Rev Funds 1%Road Maint & Reconstruct 17% Park Eqpt Replace & Park Ded Funds 5% Utility Funds Operating 20% Utility Capital 14% PW Bldg Debt Levy 1% Type of Expense 2021 Budget General Fund $ 12,141,100 Eqpt Fund 931,550 Special Rev Funds 228,900 Road Maint & Reconstruct 5,364,000 Park Eqpt Replace & Park Ded Funds 1,541,300 Utility Funds Operating 6,288,500 Utility Capital 4,340,100 PW Bldg Debt Levy 479,800 TOTAL ALL Funds $ 31,315,250 CITY COUNCIL STAFF REPORT Monday, October 12, 2020 Subject Approve City Council Minutes dated September 28, 2020 Section CONSENT AGENDA Item No: D.1. Prepared By Nann Opheim, City Recorder File No:  PROPOSED MOTION “The City Council approves the City Council minutes dated September 28, 2020.” Approval requires a Simple Majority Vote of members present. ATTACHMENTS: City Council Summary Minutes dated September 28, 2020 City Council Verbatim Minutes dated September 28, 2020 City Council Work Session Minutes dated September 28, 2020 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES SEPTEMBER 28, 2020 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Tjornhom, Councilman McDonald, Councilman Campion, and Councilwoman Coleman STAFF PRESENT: Heather Johnston, Kate Aanenson, Sharmeen Al-Jaff, Jake Foster, Greg Sticha, Jerry Ruegemer, Charlie Howley, Chief Don Johnson, Richard Rice, Matt Kerr, and City Attorney Andrea Poehler PUBLIC PRESENT: Maurielle Storms 1910 Whitetail Ridge Court The agenda was approved as published. PUBLIC ANNOUNCEMENTS: There was a short recess at this point in the meeting for council members to go outside and present a proclamation to the Chanhassen Red Birds for their third consecutive State Amateur Baseball “Class B” championship. CONSENT AGENDA: Councilman Campion moved, Councilwoman Coleman seconded to approve the following consent agenda items pursuant to the Interim City Manager’s recommendations: 1. Approve City Council Minutes dated September 14, 2020 2. Receive Planning Commission Minutes dated September 1, 2020 3. Receive Park and Recreation Commission Minutes dated August 25, 2020 4. Receive Environment Commission Minutes dated July 8, 2020 5. Approve Code Amendment to Remove 1”=200’ Scale Mylar Requirement 6. Approve Code Amendment to Correct IOP District Permitted Accessory Uses Numbering 7. Resolution #2020-54: Accepting and Allocating CARES Act Funding 8. Pervious Paver Operations & Maintenance Agreement with 2071 West 65th Street City Council Summary – September 28, 2020 2 9. Resolution #2020-55: Lake Lucy Road and Powers Boulevard Watermain Extensions, Project No. 20-04-Accept Bids and Award Contract 10. Approve Partial Release of Development Contract Chanhassen East Business Center 2nd Addition 11. Approve Multi-Year Health Plan Agreement All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. STEPHEN REDDINGTON CITIZEN ACTION REQUEST FORM. Stephen Reddington, a Boy Scout with Troop 409 asked that the sign permit fee be waived for his Eagle Scout project to install a sign at the Hope House. Mayor Ryan asked for clarification of the sign and how he came up with the idea. Councilman McDonald moved, Councilman Campion seconded that the City of Chanhassen waive the $100 sign fee for the Eagle Scout project for a Hope House sign. All voted in favor and the motion carried unanimously with a vote of 5 to 0. FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE. Chief Don Johnson presented the monthly update on fire department staffing, calls for service, training, mutual aid calls, traffic control for two events at Paisley Park and assisting with Tour de Tonka. Mayor Ryan acknowledged Firefighters Memorial Day which includes two firefighters from Chanhassen who died in the line of duty, Mick Wiborg and Mel Windschitl. Lt. Lance Pearce presented the August monthly numbers from the sheriff’s department. Mayor Ryan asked Chief Johnson for a reminder on the city’s fire burning ordinance for recreational fires. SET PRELIMINARY TAX LEVY. Greg Sticha presented the staff report on this item. After comments from council members the following motion was made. Resolution #2020-56: Councilman Campion moved, Councilwoman Coleman seconded that the City Council adopts the attached resolution establishing a preliminary levy of $12,066,700 and sets a date for the Truth in Taxation hearing of December 7, 2020 at 7:00 p.m. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS. Councilman McDonald provided an update on Southwest Transit. City Council Summary – September 28, 2020 3 ADMINISTRATIVE PRESENTATIONS. Interim City Manager Johnston gave a reminder about activities involved with Night to Unite on Tuesday, October 6th. CORRESPONDENCE DISCUSSION. None. Councilwoman Coleman moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 8:05 p.m. Submitted by Heather Johnston Interim City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL REGULAR MEETING SEPTEMBER 28, 2020 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Tjornhom, Councilman McDonald, Councilman Campion, and Councilwoman Coleman STAFF PRESENT: Heather Johnston, Kate Aanenson, Sharmeen Al-Jaff, Jake Foster, Greg Sticha, Jerry Ruegemer, Charlie Howley, Chief Don Johnson, Richard Rice, Matt Kerr, and City Attorney Andrea Poehler PUBLIC PRESENT: Maurielle Storms 1910 Whitetail Ridge Court Mayor Ryan: Again good evening everybody and welcome to our council meeting. To those of you that are watching at home or Livestreaming on the Chanhassen website, thank you for joining us. For the record we have all of our council members present tonight so our first action is our agenda approval. Council members are there any modification to the agenda as printed? If not we will proceed with the published agenda. PUBLIC ANNOUNCEMENTS: Mayor Ryan: First tonight we have public announcements and we have a proclamation where we’re going to be recognizing the Chanhassen Red Birds Amateur Baseball Team for winning their third consecutive State championship and so due to COVID and we can’t have everybody in the council chambers we’re going to move the proclamation ceremony and celebration outside so if you are watching online we are going to take a brief pause and we’ll be back in about 15-20 minutes to continue on with the meeting so we’re going to take a brief pause and go out and celebrate our Chanhassen Red Birds. There was a short recess at this point in the meeting for council members to go outside and present a proclamation to the Chanhassen Red Birds for their third consecutive State Amateur Baseball “Class B” championship. Mayor Ryan: Alright calling this meeting back to order. Thank you. CONSENT AGENDA: Councilman Campion moved, Councilwoman Coleman seconded to approve the following consent agenda items pursuant to the Interim City Manager’s recommendations: Chanhassen City Council – September 28, 2020 2 1. Approve City Council Minutes dated September 14, 2020 2. Receive Planning Commission Minutes dated September 1, 2020 3. Receive Park and Recreation Commission Minutes dated August 25, 2020 4. Receive Environment Commission Minutes dated July 8, 2020 5. Approve Code Amendment to Remove 1”=200’ Scale Mylar Requirement 6. Approve Code Amendment to Correct IOP District Permitted Accessory Uses Numbering 7. Resolution #2020-54: Accepting and Allocating CARES Act Funding 8. Pervious Paver Operations & Maintenance Agreement with 2071 West 65th Street 9. Resolution #2020-55: Lake Lucy Road and Powers Boulevard Watermain Extensions, Project No. 20-04-Accept Bids and Award Contract 10. Approve Partial Release of Development Contract Chanhassen East Business Center 2nd Addition 11. Approve Multi-Year Health Plan Agreement All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. STEPHEN REDDINGTON CITIZEN ACTION REQUEST FORM. Mayor Ryan: Tonight we have one scheduled visitor presentation and is he joining us via Zoom? Okay. And there he is. Hello and welcome. Stephen Reddington: Hello. Mayor Ryan: How are you tonight? Stephen Reddington: Good, how are you? Mayor Ryan: Doing well. If you could state your name and address for the record please. Stephen Reddington: Yeah, my name’s Stephen Reddington and my address is 1620 Coleridge Circle, Wayzata, Minnesota. Chanhassen City Council – September 28, 2020 3 Mayor Ryan: Wonderful, well thank you for joining us tonight Stephen. We received your request and so we would just like for you to tell us a little bit about it and about your project and then we’ll ask, and your request of course and then we’ll proceed. Stephen Reddington: Alright. My name is Stephen Reddington. I’m with Troop 409 from Excelsior. I’m requesting to have the City Council waive the sign permit fee for my Eagle Scout project for the Hope House. Hope House is a non-profit organization that helps teens in crisis. It is an emergency shelter for kids age 14 through 19 where they can stay up to 90 days. In October they are celebrating 5 years this year and they’re very excited about the new sign with the address on it. Thank you very much for considering waiving the sign permit fee for my Eagle Scout project and for the Hope House. Thank you. Mayor Ryan: Thank you Stephen. A couple questions for you. Thank you for the presentation. Tell us a little bit about what the sign is going to look like. Is it a brand new sign or a change to the sign? Stephen Reddington: Yeah, so the sign right now it’s just kind of like a wooden sign and it just says their address and there’s, one of the kids in my troop his dad makes signs so he’s customizing me a sign and the sign that I have is going to have like the address and then like the name of the place and yeah and then where it’s located. Mayor Ryan: Wonderful, and how did you come up with this idea? Stephen Reddington: Well I go to church there. Hope House is part of Westwood Community Church and I go to church there on Wednesdays so I kind of knew that they were, because I work with the Hope House a little bit so I kind of knew that they were in need for signs and I needed an Eagle Scout project to do so I asked if I could help them make the signs. Mayor Ryan: Well wonderful. Well it’s a wonderful organization and it sounds like a fantastic project. I’m going to ask the council members if they have any questions or comments for you as well. Anyone on council? Councilman McDonald. Councilman McDonald: Well Stephen I just want to thank you for doing this. I think it’s a great project. I’m familiar with Hope House from when I was on the Rotary and we helped to get them set up. They provide a great service to the community and they also provide a great service to teenagers also so I’m fully in support of what you’re wanting to do and we’ll do what we can to help you but thank you for coming up with this. Stephen Reddington: Yes thank you. Mayor Ryan: Anything, any other council member want to make any comments? Chanhassen City Council – September 28, 2020 4 Councilman Campion: Sounds great. Mayor Ryan: And is everybody on council in support of waiving the $100 sign permit fee? Wonderful well Stephen council has agreed. Oh yes, oh sure. Would someone make an official motion to approve waiving the $100 permit fee? Councilman McDonald: I’ll make a motion Your Honor. I make the motion that the City of Chanhassen waive the $100 sign fee for the Eagle Scout project for a Hope House sign. Mayor Ryan: We have a valid motion. Is there a second? Councilman Campion: Second. Mayor Ryan: Thank you Councilman Campion. Councilman McDonald moved, Councilman Campion seconded that the City of Chanhassen waive the $100 sign fee for the Eagle Scout project for a Hope House sign. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Ryan: That motion carries 5-0. Stephen congratulations. We will waive the $100 permit fee but we would love to see when you’re completed with the project if you wouldn’t mind sending us a photo so we can see what the final project looks like. Stephen Reddington: Yeah thank you. Mayor Ryan: Alright good luck. Thank you. Thanks for your hard work. Are there any other visitor presentations tonight? Alright, with no one else coming forward. FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE. Mayor Ryan: Next on our agenda is fire department and law enforcement update. Chief Don Johnson: Good evening again Mayor and council. This will be a fire department update for the month of September with data from August. We’re holding steady at 44 paid on call firefighters with one on extended personal leave. In August we responded to 82 calls for service which 3 were chief only, 21 day only, 40 duty crew calls and only 18 general alarms. Of those 41 rescue EMS calls. We did have a little bit of an uptick in motor vehicle accidents which were 8 for the month. We responded to 4 fires which one was a mulch pile fire in Chanhassen on Dakota Circle with two mutual aid responses to Eden Prairie and one to Minnetonka. Training consisted of leadership and development training for our officer core, online EMS training, online sexual harassment training both for line firefighters and a separate track for supervisors. Practical EMS stations and safety and survival training. It’s been a busy month with activities. We assisted Paisley Park with events on two different occasions. One on Chanhassen City Council – September 28, 2020 5 September 5th and one this past weekend on September 25th. We also provided two firefighters in small vehicles for traffic control for Tour de Tonka on Saturday with a crew of Wayzata firefighters and their truck committee that came to visit and tour Truck 1 from our design. That is it for my response. I would add Mayor that I give significant credit to Assistant Chief White for her creation of an app that we’re going to use for National Night Out this year. It will be sent out in several different venues and available on our website but she’s done a fantastic job of putting some fire prevention training on there. Some interactive things for the young ones as well as a place for people to send in some pictures of them practice home fire safety and home escape plans. Mayor Ryan: Great and when will the app be available? Chief Don Johnson: It’s out there now. I believe we just started doing some social media blasts on that and already starting to get some comments back so. Mayor Ryan: Wonderful, thank you. Council any questions? Before you leave Chief I have, I’d like to call attention that yesterday was Minnesota Firefighters, as you well know, Minnesota Firefighters Memorial Day and it’s a day that we honor fallen firefighters and their families and so with the flag being at half staff ordered by the Governor yesterday, just wanted to acknowledge that and again thank the firefighters for their service. It says that since 1881 228 Minnesota firefighters have died in the line of duty and two of those firefighters are Chanhassen firefighters and their name Mick Wiborg and Mel Windschitl and we just want to acknowledge that and thank them for giving their life and service and thank all of you for what you do each and every day so just wanted to acknowledge that that day was yesterday. Chief Don Johnson: Thank you Mayor. It’s kind of a somber time with COVID. It’s usually a pretty large event. I’ve been able and lucky enough to help with that for the past 6 years. They usually do a complete reading of all the names at the event but with COVID and some of the restrictions it ends up being just a virtual event and not just but a virtual event that we couldn’t celebrate like we normally do. Mayor Ryan: Wonderful. Chief Don Johnson: Thank you for that acknowledgement. Mayor Ryan: Yep, thank you. Lt. Lance Pearce: Good evening Madam Mayor, council. I’m going to cover our activity for the month of August. For the month we had 1,031 total activity calls. In August we also saw a spike in theft related calls, mostly related to theft of mail. That has been sent to our investigations unit and we currently have a couple leads on a couple suspects but we’re in the process of trying to track those individuals down. In addition to our big call that we had in August is we had an armed robbery the first week of August and that had to do with the, an Chanhassen City Council – September 28, 2020 6 online sale that went bad so we also have a suspect on that and that’s also currently under investigation. Some matrix’s I’ve been tracking for council because I know it’s important to folks in this room are mental health and domestic and domestic assaults all of which we’ve seen an increase in August. And those are tracking up a little bit. I’m hoping that with the weather change that might slowly track down a little bit but I’m certainly monitoring that but mental health and domestics are, we’re seeing a slight uptick in those. Couple things I wanted to mention specifically Night to Unite next Tuesday. The sheriff’s office will also be participating in that virtually with the City of Chanhassen. We’re going to post several informational videos to city social media and we are starting to do those videos tonight so I’ll call later to see how those are working and unfortunately you get to see me in one of them so I’ll be in one of those as well. Mayor Ryan: Movie star. Lt. Lance Pearce: I’ll be sure to cut my hair. That’s all I have for this group. Mayor Ryan: Lieutenant quick question in terms of the mental health uptick as well as some of the other calls that you have. Best place for resources on the Carver County website, for phone numbers, emails, for people that are looking to get in touch if they need help. Lt. Lance Pearce: Absolutely. They can get that off, obviously off of our website. If anybody wants to simply call and talk to a deputy or myself we can certainly give them that information as well. And I have given you some information that’s useful hopefully another avenue to provide some resource numbers for people that want the help. And we certainly advocate people if you think you need some help with domestic type situations or any help at all there’s a lot of resources that are available to people. They just need to reach out. Mayor Ryan: Yes and thank you for forwarding that on and we’ll get that message out here in the next couple weeks and appreciate that. Go ahead Councilman. Councilman Campion: Yeah Lieutenant just a question about the fraud and theft. I know you were saying there’s a spike in mail related theft. I’ve heard talk about car related as well and car break in’s. Has there been a spike in there or am I thinking of back in the June timeframe? Lt. Lance Pearce: We have not seen that spike. We have seen a few of those but there certainly hasn’t been a spike in those calls. Councilman Campion: Okay, alright. Lt. Lance Pearce: We’ve seen a few but there’s certainly not a trend or not a spike in those calls. Councilman Campion: Alright, good to know. Chanhassen City Council – September 28, 2020 7 Mayor Ryan: Any other questions? Alright, thank you. Lt. Lance Pearce: Thank you. Mayor Ryan: Chief could I call you back up, not to put you back in the hot seat again tonight. I know it’s your favorite. No pun intended right? Couple you just give a friendly reminder, I know tonight is a little bit different because it feels, you know it rained today but could you just give a reminder of our burning ordinance. It’s been very dry out. People are doing fall clean up. Just to remind people of the expectations of the fire department in the city. Chief Don Johnson: Sure. So under city ordinance we allow no burning. Open burning without a permit. The only place that those permits would be issued is our large properties in the south end of town that have large acreage and are open to burning. Our current ordinance requires that we have recreational fires and a recreational fire is meant to be in a fire ring that’s 25 feet away from combustible fences and homes and things like that and you would sit around it and enjoy libations and S’mores and some things. That’s what a recreational fire is. What we have a lot, some residents, what we have some residents doing is putting leaves and burning off yard waste in those fire pits and it creates an enormous, sometimes an enormous amount of smoke which then lends to calls for complaints for burning and we’re receiving those on a regular basis. Our purpose is to educate. Obviously that we want to be out there and let people know what the ordinances are for the City. Those are available on the website and if you go to the fire department website it does explain what recreational fires are but they’re intended to be 3 by 3 by 3 so technically you’ve got clean wood. It’s wood that’s either cut or chopped to be burned. It’s not construction material and old cabinets or things from your home just around to light on fire. And it certainly isn’t lawn waste so our intent would be that folks and that’s always, somebody always supervising that with a means of extinguishment. A hose, bucket full of water or shovel. It means that somebody’s already watching it so that’s the ordinance basically in a nutshell and again we’re not out looking for this in any regards but we have seen over the years and notably some concerns with folks that are burning things other than that in their yards and this time of year people like to have their windows open and they really don’t appreciate it when you’re filling it with smoke so. Mayor Ryan: Thank you for that reminder. Appreciate it. Chief Don Johnson: You bet. Mayor Ryan: Thanks. With no old business or public hearings we’re moving onto new business and tonight we are looking to set the preliminary tax levy. SET PRELIMINARY TAX LEVY. Mayor Ryan: Mr. Sticha. Chanhassen City Council – September 28, 2020 8 Greg Sticha: Thank you Mayor and council. So as the Mayor noted this evening staff will be asking City Council to set a preliminary levy as well as establish a Truth in Taxation hearing meeting date. For those who are listening at home who might not be familiar with the process, the preliminary levy is the maximum levy that the City then can potentially set when they set a final levy in December so the number that you set this evening will be used for the Truth in Taxation hearing statements that will go out in the middle of November. In December the City Council will then be asked to set a final levy from which the final levy cannot be greater than whatever you set as a preliminary levy this evening. It can be lower but it cannot be greater than this evening’s preliminary levy which is set. First I’m just going to briefly discuss some of the budget assumptions that were used as part of creating this year’s budget and tax levy. There were no increases for the health care contract this year. That was good news. We have slotted a 2 percent increase for cost. Mayor Ryan: Mr. Sticha sorry to interrupt. We don’t have the power point on our screen so just want to make sure. There we go, perfect. Thank you. Greg Sticha: Staff did include a 2 percent increase for cost of living and merit pay for city employees. The KFS average based on what we’ve polled our like cities is 1.9 percent. There is an increase in the policing services contract of roughly 3 ½ percent. This budget doesn’t include, does include a new technology fee for enhanced building software which will allow our customers to access online, not just paying for permits but also creating and monitoring the permit process if they are looking to purchase a permit through the city and it also includes a planning intern which is funded by a sign, an additional sign permit fee. It is not funded by property tax levy. Wanted to give kind of an update of the remaining budget and rate discussions that the City Council will have between now and the end of the year. There’s quite a few meetings yet that the City Council will be going over. Either the budget or the utility rates. September 28th this evening you are setting the maximum levy. October 12th we will be discussing the special revenue and enterprise fund operating budgets and CIP. That should not be a bullet right there. October 26th we’ll be discussing utility rate discussion with the City Council. November 9th we plan on having a long term financial direction discussion with the City Council. December 7th, Monday evening 7:00 p.m. will be the Truth in Taxation hearing here in the City Council chambers and then on December 14th the City Council will set a final budget and tax levy for 2021 as well as establish a CIP for 2021. The budget process has been ongoing for a couple months now so I don’t want to give those listening at home the interpretation that the City Council is first having their first discussion this evening. We’ve already had 3 meetings or more if you count back to last spring. Budget discussions with the City Council so we’ve gone over quite a number of the details with the City Council and so for that reason we’re not probably going to get in a lot of the line items or department budgets with the City Council this evening. We’re going to highlight kind of the two main scenarios that the City Council has been concentrating on since August. Under Scenario 1 the total levy would be $12,066,700. An increase of 2.77 percent as compared to the previous year’s levy. Under this particular scenario there would be no impacts on any service levels or changes in any service levels and the resident impact for this particular levy would be about a $12 to $13 dollar increase Chanhassen City Council – September 28, 2020 9 for the year on the average home. Under Scenario 2, this levy would be an increase, would be a total levy of $12,034,700. An increase of roughly 2 ½ percent as compared to the previous year. In order to achieve this scenario about $32,000 in levy reductions would need to be created between now, well this evening or between now and setting a final levy and budget in December so if this selection was chosen you would have to find about $32,000 in levy reductions to accomplish Scenario 2. This particular scenario would have an impact on the average home of about a $10 to $11 dollar increase for the year for that average home. Each year as part of the budget process we kind of go over some of our data points with the City Council just to kind of see how the City compares to other, some of our comparable cities as well as in one instance we go over some of the tax rates in Hennepin County as well as Carver County so this particular slide goes over the budget in expenditures and how the City of Chanhassen compares for 2020 budgeted expenditures as compared to 2019. As you can see from this graph the average of the KFS cities increased their 2020 budget by 5.9 percent. The City of Chanhassen increased it’s budgeted expenditures for 2020 by 4.4 percent. Each of the other KFS cities are listed in terms of their percent increase from 2019 to 2020. This is obviously the most recent data available to the City as we don’t know what some of these cities are going to be setting in terms of their final budget expenditures for the year so that kind of includes this because it then gets into kind of our spending per capita amount. So taking a look at per capita spending for 2020. The average of our KFS cities is $662 per person. Chanhassen is the lowest and the lowest by a relative significant amount. The next closest is. Mayor Ryan: Could we get. Thank you Heather. Greg Sticha: The next closest city with Lino Lakes being at $484 again with the average being almost $200 per capita higher than Chanhassen in terms of per capita spending. The 2020 Carver County tax rates, Chanhassen has the lowest tax rate within Carver County. The next closest city would be Chaska at 28.425. The average of all cities within Carver County is just shy of 60 in terms of an actual tax rate. Taking a look at how Chanhassen compares to some other comparable cities within Hennepin County. Just the average of these particular listed cities is just shy of 43 with Chanhassen again at the 21.176. Wayzata being the only other city with a lower tax rate than Chanhassen. These cities represent cities that are approximately the size of Chanhassen. Some are, a couple of them are a little smaller. Some are larger. Some have similar characteristics to Chanhassen so it’s always good to always monitor some of these other cities in Hennepin County as not just within Carver County. Chanhassen does have a sliver of the city that is within Hennepin County so taking this graph represents obviously where the City’s tax rate compare to these other cities. So one of the things that was not in your packet but I created this slide today actually, I quickly spoke with a number of my colleagues at all of our KFS cities to find out what they have established for a preliminary levy increase and listed are all the preliminary levy increases by percent for all of our KFS cities. The average of our KFS cities levy increase is 5.2 percent. Based on staff’s recommendation this evening there’s only one other city that established a preliminary levy lower than Chanhassen and that was Stillwater at 2.66 so relatively close to what staff’s recommendation is this evening in terms of establishing a preliminary levy tonight. As it then relates to the levy history comparing ourselves to our KFS Chanhassen City Council – September 28, 2020 10 cities, this graph represents what each of our KFS cities levy has, how each of our KFS cities levies have changed since 2012. A couple of items to kind of concentrate on here, the KFS average levy increase over those 8 years or 9 years was 5.54 percent with Chanhassen’s being 1.95 percent. In 2012 the City of Chanhassen was, it’s total levy was below the average by just over 8 percent. In 2020 Chanhassen’s levy is 24.6 percent lower than the average of all of our KFS comparables. If you were to include the previous slide plus a 2.77 percent increase in Chanhassen’s levy, you would then be just over 27 percent below the average of all of our KFS cities in terms of the average levy issued by each of those entities. So this evening staff is recommending setting a preliminary levy of Scenario 1 which is a levy of $12,066,700. This levy will give the City Council the most flexibility in planning before setting a final levy in December. In the event that certain items were to shift or change that gives you the ability to adjust the levy lower without having to have too much worry about a need to go any higher than the current, the levy that’s listed there. The $12,066,700. With that I will just kind of stop there and take any questions about any of the slides or about the process that we went through or about the upcoming process. Mayor Ryan: Thank you Mr. Sticha. Council, obviously we’ve had a lot of conversations as you mentioned over the last many months, specifically during our work sessions so I know we’ve gone through the numbers and the budgets quite extensively but obviously tonight we have to set the preliminary levy and so there needs to continue to be more discussion but council do you have any questions at this point for Mr. Sticha and his presentation? Councilwoman Coleman. Councilwoman Coleman: One question. So Mr. Sticha did you receive word that the health insurance cost won’t be going up or is that still an assumption at this point? Greg Sticha: No we’ve received word that it’s not going up. Councilwoman Coleman: Not going up. Greg Sticha: Zero percent yep. Councilwoman Coleman: So aside from I suppose those costs increasing are there any budget items that you think could potentially be higher between now and when we set the final budget that we would want to give ourselves a little leeway for just in case or do you feel comfortable that everything will remain as it is right now? Greg Sticha: I think this is a comfortable levy scenario here. One potential scenario deal let’s say for whatever reason the price of fuel went through the roof, obviously we have a significant line item in the budget for operating all of our equipment and vehicles so in the event that the price of gasoline were to increase 25-50 percent that would probably be the only scenario I can currently think of that would have a negative impact on this budget process. It’s always hard to guess when you’re talking about the market in terms of commodities but Charlie did do a pretty detailed review of the cost for the fuel and what we use on average in terms of our fuel usage so I Chanhassen City Council – September 28, 2020 11 feel pretty comfortable with the number that we’ve put in the budget for that but any economic collapse could have an impact on any number of line items. Councilwoman Coleman: Okay, thank you for clarifying that. Greg Sticha: Yep. Mayor Ryan: Any other questions council? Councilman Campion? Councilman Campion: Not at this time. Mayor Ryan: Councilman McDonald? Councilman McDonald: Okay. Yeah we’ve had a number of discussions about this and I guess one of the things that I brought up is that I thought the percentage of the 2.77 was probably too high and we looked at a scenario of 2.5 percent and one of the keys there is that yeah there needs to be a roughly $32,000 in reductions. We’ve talked with public works about some things there. There was some other, there’s not one big budget item where we can save $32,000. We probably made that discovery but we did talk about a number of scenarios. Will we be getting any kind of a final report as to any of the viability of yeah, we could save some money there so that in December we could lower the levy or is that pretty much done and we go with what we’ve got? Greg Sticha: Well and Interim City Manager Johnston can probably chime in but you still have multiple work sessions and regular sessions that you could have these discussion points about the budget between now and December 14th. Typically you’ll get into more detail as it gets closer to December 14th and you might get into some of those services that we talked about as it gets closer to that date. I don’t think at this point in time we have a work session specifically scheduled for those discussion topics but you certainly could make that decision to have additional discussions on those items. Councilman McDonald: Well it’s just, I’m really not in favor of the 2.77. I could maybe go along with it tonight but only under the condition that we’re working hard to come up with something to lower it down even if it’s just to 2.5 percent. Without some assurances there the only alternative I see is to kind of force the issue and try to talk two more members of the council into going along with me and vote for the scenario to lower it down to 2.5 percent but I’m willing to kind of look at work in progress here so I need some assurances. Heather Johnston: Madam Mayor, Councilman McDonald, let me provide those assurances for you. We’ll continue to have these conversations. The first step in that process we had talked about some changes to our trail, or our road and trail snowplowing policy. We’re going to be bringing that back to you I believe at the next work session to discuss that and we can talk about the implications of that as well. There were also some questions that you all had on some of the impacts of some of the other items that we said would be involved and will bring those back to Chanhassen City Council – September 28, 2020 12 you at a future session as well so we absolutely are intending to continue to scrub this budget. We’re going to continue to look into what we can do to maybe bring it under this amount. The sheriff’s contract is still outstanding. We’ll get those final numbers hopefully by the end of October, beginning of November and so we’ll continue to update you and have additional conversations as it goes by. I think in Greg’s presentation there is a November date as well that we can bring back additional items for consideration. Councilman McDonald: Okay yeah I’d like for you to do that and again as I stated I realize there is no one thing that’s going to get us to the $32,000. It’s going to be a number of little things at this point but I believe that those items are within the budget so as long as we have not stopped our search or to dig into the budget and find some areas of savings, as I said I can go along with Scenario 1 but only under the condition of assurances that the investigation into finding cuts so we can lower it on December 7th continues. Thank you. Mayor Ryan: Councilwoman Tjornhom? Councilwoman Tjornhom: Yeah I think I’m kind of thinking along the same lines as Councilman McDonald. If this was a final budget approval number and that vote I wouldn’t support Scenario number 1 but I think that I can support it knowing that we do have time to still investigate options of how to bring that levy down $32,000 and still have all our services covered that our residents expect. So like I said if this was just the final vote tonight Scenario 1 I would not support but I can support this recommendation because it is for the preliminary levy. Mayor Ryan: Thank you Councilwoman. Councilman Campion. Councilman Campion: Yeah I, for similar reasons I will support Scenario number 1. However I would like to see further work looked at, further reductions even you know Scenario 1.5. The reason I’m not going to dig in and say that’s it is because I don’t think that that you know .27 percent is meaningful difference there between the Scenario 1 and Scenario 1.5. There are a couple of budget saving items that we were exploring and I’d just like to see those hashed out more and as the police contract comes in and ideally do even a little bit better than Scenario 1.5 at our final. Mayor Ryan: Thank you Councilman. Councilwoman? Councilwoman Coleman: Thank you Madam Mayor. I completely agree. I think for tonight’s purposes we can cover our bases and set the do not exceed amount to the higher number to Scenario 1 but I do think at the end of the day when we have to go back to our constituents who, many of whom are having really difficult time right now with their own family budgets, we do have to say we worked until the final hour to cut as much as we possibly could and save your money as well so I’m in agreement with everybody here. Chanhassen City Council – September 28, 2020 13 Mayor Ryan: Thank you Councilwoman and for those that are watching or you know reading in the paper I think what you’re hearing tonight is obviously that the council is willing to set this preliminary levy at staff recommendation. Ms. Johnston I ask that we put enough time on the schedule on a work session to be able to go through that list again and for the public over the past couple months have we not only just talked broadly about the budget and then start diving into some of the department budgets but then we had a laundry list of what if scenarios to try to continue to chip away at the different, or the overall levy so what we would like to do as a council is come back in a work session where we go back through that list again. Maybe department heads have found other ways to cut within their departments and then it gives the council an opportunity to weigh out what makes sense in terms of service level cuts because in order to achieve a lower scenario that’s what it says. Those reductions would have some impacts on service levels and so we have to weigh those service level cuts against what we know is expected by our residents and so every dollar matters to you but it also then has an impact or affect. Cause and affect on the service level that the City provides you so it’s not something that we’re going to be able to chip away tonight in this discussion because we’re setting the preliminary levy but we will again hopefully in, you know after we get the sheriff’s contract so we know where that comes in so we can talk real numbers then we can have this conversation to see if we can’t get to a lower number from the 2.77 scenario that we’re discussing tonight so, I’ll wait for a motion from somebody on council but again I just want to reiterate the expectation from council is then to have a work session with enough time where we can really do another deep dive into those different line items to see what service levels are going to go away to make sure that we can achieve a lower tax levy. Go ahead. Councilman Campion: I will make a motion. Mayor Ryan: Councilman Campion. Councilman Campion: I move that the City Council adopts the attached resolution establishing a preliminary levy of $12,066,700 and sets a date for the Truth in Taxation hearing of December 7, 2020 at 7:00 p.m. Mayor Ryan: We have a valid motion. Is there a second? Councilwoman Coleman: Second. Mayor Ryan: Thank you Councilwoman Coleman. Resolution #2020-56: Councilman Campion moved, Councilwoman Coleman seconded that the City Council adopts the attached resolution establishing a preliminary levy of $12,066,700 and sets a date for the Truth in Taxation hearing of December 7, 2020 at 7:00 p.m. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Ryan: That motion carries 5-0. Thank you Mr. Sticha. Chanhassen City Council – September 28, 2020 14 COUNCIL PRESENTATIONS. Mayor Ryan: Any further council presentations? Any other council presentations? Councilman McDonald: Madam Mayor. As part of what I’ve been doing for the past couple months, you had asked for updates periodically on where we’re at with Southwest Transit. I’m, not sure how much everybody knows but the Governor formed a Blue Ribbon Commission to really look at how the Met Council and transit in general is delivered to the area. That would include us. That includes Minneapolis and what this commission is kind of chartered to do is to look at what is the best methodology for doing that and to define methodology means budgets. Where’s the money going to come from? How should money be distributed? Where is it most effective? To try to begin to get at some of those questions. One of the things that’s coming up is again how is Met Council set up to govern transportation throughout the region so that’s an issue that they’re going to look at. The long term effect that those of us that are opt out’s which are the members of the Suburban Transit Association around the western part of the Twin Cities is there is every possibility that we could be voted out or eliminated and we’re trying to make sure that that doesn’t happen but what it comes down to with this commission is to look at again how does the region handle transportation. How do they spend their money? Who votes on spending that money and what kind of impact or what kind of voice does the taxpayer have on how that money is spent. So those are all the issues that are in play. I think around the middle of October, the 15th through the 17th the commission’s now meeting every two weeks. They met today and they’ll meet two weeks into the future. They’re supposed to be done by December 31st. That’s a rather short time period to determine an answer to these kind of questions but they’ll do something so it’s more or less kind of stand by as to what’s going to happen with transit. The one happy note I guess I can give us that while our express service from here to the Twin Cities is down over last year and most all of that is attributable to again COVID-19. People working from home. All of these things. The local service is really kind of hanging in there at about 58 to 55 percent of what it was which is a pretty healthy number so we know that the demand for local service is still there. Southwest is handling that. We put new procedures in place for the COVID virus and stuff about being able to kind of semi-isolate people within the vans because again all local service is with the smaller vehicles. Vans and cut away’s and those things so we worked to do something there but the local service is still in high demand. There are still people that need to get around our communities and we’re still doing that. The other service that we rolled out just about the start of COVID was Prime MD who’s purpose was to get people back and forth to medical appointments. That service has kind of been suspended because we never got a chance to really get it off and running so we’re looking at bringing that back once we know a little bit more about what public transportation is going to look like. What the demands are and those types of things so I just want everybody to know that you know nothing has stopped. We’re still looking at serving the communities. Anything that would jeopardize any of that would definitely come back before this council because we do have a, well we’ve got a one- third voice in what happens to Southwest Transit so any decisions that are going to be made there that would affect our stake in that I’ll definitely let you know and I’m sure that Len Simich Chanhassen City Council – September 28, 2020 15 will definitely let you know but that’s kind of the current status as to where things are at. The State is trying to look at how to be efficient with public transit and we’ll see what they come up with but that’s the latest update. Mayor Ryan: Thank you Councilman McDonald. Are they in terms of the group that’s looking at it, are they also looking for letters of support from councils or are they not even at that stage? They’re just evaluating service numbers and that type of thing. Councilman McDonald: Yeah. It’s a really strange Blue Ribbon committee. Commission rather. They actually were formed a couple years ago, at least most of the same people were formed a couple years ago to look at some issues but because they’re moving so fast no, they’re not taking a lot of input from anybody. We’re hoping to be able to get basically a one page kind of bullet point of what we do as far as suburban transit so we can at least get that to them. The first meeting they held they had over 600 pages of information they had to go through for their first meeting. Every meeting thereafter is kind of the same which is why it’s every two weeks. But no at this point yeah they’re not soliciting anything from outside the cities or any of that. That may all come out of the recommendation because at that point it may go before the legislature to act on and at that point then definitely we would probably want to weigh in depending on what the answer is so I think the answer to your question is we will get an opportunity to voice what all of this means to us as a community. Mayor Ryan: Perfect, thank you and I know that continues to be one of our legislative priorities so as we, I know it’s something that you want to do Ms. Johnston in the near future is start discussing our legislative priorities so that will again be on that list and then you continue the conversations with our legislators as we move forward so thank you for the update. Council any other presentations tonight? ADMINISTRATIVE PRESENTATIONS. Mayor Ryan: Anything in the administrative presentations? Heather Johnston: Madam Mayor, members of the council, as you heard from our public safety partners next Tuesday, October 6th is Night to Unite. We’re excited to share a virtual content with you and the two things that we are asking from the public and that’s to share what you learned. Take pictures and post them on our social media and view the videos and we’re really excited to share that. We’ve done a lot of really creative work and we’re really excited about it as you can tell from both of our presenters tonight. We’re all very excited. And the other piece of that is we are also asking to show support for our public safety officials by leaving your lights on all night so turn your lights on and so as they’re driving around out there everybody knows that we support them so thank you. Mayor Ryan: So next Tuesday leave your lights on all night. Chanhassen City Council – September 28, 2020 16 Heather Johnston: Yes ma’am, thank you. CORRESPONDENCE DISCUSSION. None. Councilwoman Coleman moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 8:05 p.m. Submitted by Heather Johnston Interim City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL WORK SESSION SEPTEMBER 28, 2020 Mayor Ryan called the meeting to order at 5:30 p.m. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Tjornhom, Councilman McDonald, Councilman Campion, and Councilwoman Coleman STAFF PRESENT: Heather Johnston, Kate Aanenson, Sharmeen Al-Jaff, Jake Foster, Greg Sticha, Jerry Ruegemer, Charlie Howley, Chief Don Johnson, Richard Rice and Matt Kerr JOINT MEETING WITH SENIOR COMMISSION. Chairman Jerry Cerchia reviewed achievements of the Senior Commission over the past year such as support of city events which have raised money, support of senior center activities, STRIVE program at the Chanhassen High School, advocacy efforts regarding transit, Act on Alzheimers programs including the opening of the Memory Café, partnerships with Carver County and the Veterans Administration, communication efforts and specifically checking in with senior citizens during COVID-19, and the primary goal for 2021 to educate senior citizens to update their homes so they can age well at home. Mayor Ryan thanked members of the Senior Commission for their advocacy on behalf of senior citizens. Councilwoman Coleman asked about the response from seniors and if there are any gaps. Councilman McDonald thanked members of the Senior Commission for all the work they’ve done and encouraged the commission if they need any assistance with public transportation to contact him as a member of the Southwest Transit Commission. Councilwoman Tjornhom thanked Chairman Cerchia for his presentation and noted she is encouraged to see how the commission is helping the senior community. Councilman Campion echoed the comments from the other council members. UPDATE ON KFS GOAL: EXPLORE ALTERNATIVES FOR HIGH SPEED INTERNET. Jake Foster and Richard Rice presented highlights from a power point presentation regarding options for high speed internet products offered by 5G, Star Link, city owned infrastructure partnerships with private facilities, and the possibility of getting an internet provider through a franchise agreement. Councilman Campion asked if this is being focused for the City or residents. Jake Foster stated it was more focused on residents and businesses. Mayor Ryan asked if permits are needed for 5G infrastructure. Charlie Howley explained that yes permits will be required in the future. Jake Foster continue with updating the council on talks with Metronet. Councilman McDonald asked about Metronet’s timeline for marketing. City Council Work Session – September 28, 2020 2 DISCUSS CARES ACT FUNDING. Greg Sticha discussed the proposed list of items outlined to be funded by CARES Act funding. Mayor Ryan asked for clarification on the need or the want for funding additional turnout gear for the Fire Department. Heather Johnston conveyed that city staff are expressing they are very grateful for the improvements being approved by City Council. Councilman McDonald asked about the November 15th deadline. Chief Don Johnson explained the need for additional turnout gear for firefighters which other communities are using CARES Act funding for as well. Mayor Ryan asked for a comparison of the previous list of funding options versus the list that’s being presented now. Mayor Ryan adjourned the work session at 6:35 p.m. Submitted by Heather Johnston Interim City Manager Prepared by Nann Opheim CITY COUNCIL STAFF REPORT Monday, October 12, 2020 Subject Receive Planning Commission Minutes dated September 15, 2020 Section CONSENT AGENDA Item No: D.2. Prepared By Nann Opheim, City Recorder File No:  PROPOSED MOTION “The City Council receives the Planning Commission Minutes dated September 15, 2020.” Approval requires a Simple Majority Vote of members present. ATTACHMENTS: Planning Commission Summary Minutes dated September 15, 2020 Planning Commission Verbatim Minutes dated September 15, 2020 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES SEPTEMBER 15, 2020 Acting Chair Randall called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Mark Randall, Eric Noyes, Mark Von Oven, and Laura Skistad MEMBERS ABSENT: Steve Weick, Michael McGonagill, and Douglas Reeder STAFF PRESENT: Bob Generous, Senior Planner; and MacKenzie Walters, Associate Planner PUBLIC PRESENT: Stacy & Ed Goff 9391 Kiowa Trail Jamie Anderson 5009 France Avenue Adam Bender 5009 France Avenue PUBLIC HEARING: CONSIDER A REQUEST FOR VARIANCES TO ENCLOSE AN EXISTING DECK AND EXTEND A CANTILEVER WITHIN THE SHORELAND SETBACK ON PROPERTY LOCATED AT 9391 KIOWA TRAIL. MacKenzie Walters presented the staff report on this item. Commissioner Noyes asked about variances that have been granted in the past for this neighborhood. Speaking for the homeowners, Adam Bender explained the proposed design of the home. Stacy Goff, the homeowner explained that she grew up in this house and their desire to make updates so they can continue to live there. Jamie Anderson, one of the owners and designers on the project, discussed other improvements that are being done to the site including removal of a concrete slab. Acting Chair Randall opened the public hearing. No one spoke and the public hearing was closed. After comments and discussion among commission members the following motions were made. Commissioner Skistad moved that the Chanhassen Board of Appeals and Adjustments approves the 5.2 foot shoreland setback variance to permit enclosing and expanding the existing deck and an 8 foot shoreland setback variance to replace and expand the rear patio subject to the conditions of approval and adopts the attached Findings of Fact and Decision. The motion fails for lack of a second. Commissioner Noyes moved, Commissioner Von Oven seconded that the Chanhassen Board of Appeals and Adjustments approves the 3.2 foot shoreland setback variance to permit enclosing and expanding the existing deck subject to the conditions of approval and Planning Commission Summary – September 15, 2020 2 denies the 5.2 foot shoreland setback variance for a cantilever and 8 foot shoreland setback variance for a patio and adopts the attached Findings of Fact and Decision. 1. A building permit must be obtained prior to construction and building must comply with the Minnesota State Building Code. 2. Eaves may encroach an additional one foot beyond the granted variance as shown in the plans dated August 3, 2020. All voted in favor except for Commissioner Skistad who opposed and the motion carried 3 to 1. PUBLIC HEARING: DISCUSS CODE AMENDMENTS TO REQUIRE ZONING PERMITS FOR ALL STRUCTURES THAT DO NOT REQUIRE BUILDING PERMITS. MacKenzie Walters presented the staff report on this item. Commissioner Von Oven asked for clarification on the definition of a structure. Commissioner Noyes asked about the additional work load on staff. Acting Chair Randall asked about cost of the permit and cited different examples before opening the public hearing. No one spoke and the public hearing was closed. Commissioner Noyes moved, Acting Chair Randall seconded that the Chanhassen Planning Commission recommends that the City Council adopt the proposed amendment to Chapter 20 of the Chanhassen City Code concerning zoning permits. Commissioners Noyes and Acting Chair Randall voted in favor, Commissioners Von Oven and Skistad opposed. The motion fails with a vote of 2 to 2. PUBLIC HEARING: DISCUSS CODE AMENDMENTS TO PERMIT THE CONSTRUCTION OF CERTAIN STRUCTURES ON OUTLOTS. MacKenzie Walters presented the staff report on this item. Acting Chair Randall opened the public hearing. No one spoke and the public hearing was closed. Commissioner Von Oven moved, Commissioner Noyes seconded that the Chanhassen Planning Commission recommends that the City Council adopt the proposed amendment to Chapter 1 and Chapter 20 of the Chanhassen City Code concerning outlots. All voted in favor and the motion carried unanimously with a vote of 4 to 0. APPROVAL OF MINUTES: Commissioner Skistad noted the verbatim and summary Minutes of the Planning Commission dated September 1, 2020. Planning Commission Summary – September 15, 2020 3 ADMINISTRATIVE PRESENTATIONS: CITY COUNCIL ACTION UPDATE. Bob Generous provided updates on action taken by the City Council at their meeting and upcoming items on future Planning Commission agendas. Commissioner Von Oven moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The Planning Commission meeting was adjourned at 8:15 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CHANHASSEN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 15, 2020 Acting Chair Randall called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Mark Randall, Eric Noyes, Mark Von Oven, and Laura Skistad MEMBERS ABSENT: Steve Weick, Michael McGonagill, and Douglas Reeder STAFF PRESENT: Bob Generous, Senior Planner; and MacKenzie Walters, Associate Planner PUBLIC PRESENT: Stacy & Ed Goff 9391 Kiowa Trail Jamie Anderson 5009 France Avenue Adam Bender 5009 France Avenue Randall: Tonight we’re going to have, we have 3 things on the agenda. The items will be presented by staff. After those are presented by staff we’ll ask for comments from the commission and questions will be answered. The applicant then will be asked to make your own comments. We’ll open it to public hearing at that time. If there are any emails summarizing or for the record will be read. And any person wishing to comment can take, can also comment at that time. We’re not taking telephone calls are we? We are, are they doing that also? Walters: Yep. Randall: Okay. And then we’ll close the public hearing and then we’ll make comments and then ask for a motion and we’ll go from there so. PUBLIC HEARING: CONSIDER A REQUEST FOR VARIANCES TO ENCLOSE AN EXISTING DECK AND EXTEND A CANTILEVER WITHIN THE SHORELAND SETBACK ON PROPERTY LOCATED AT 9391 KIOWA TRAIL. Randall: This is Planning Case 2020-18. Walters: Whenever you’re ready. Randall: Go ahead. Walters: Alright so as the Chair mentioned this is Planning Case 2020-18. It’s a variance request for 9391 Kiowa Trail. As always if this is decided by unanimous vote or three-fourths Chanhassen Planning Commission – September 15, 2020 2 majority at the Planning Commission the decision is final subject to appeal. Either the applicant or any affected member of the public have 4 days to appeal the decision of the Planning Commission. If it is appealed it would go before City Council on October 12th. So as was mentioned this is a variance to enclose an expanded existing deck and to expand the rear yard patio on the property. The property is located at 9391 Kiowa Trail. This property is zoned residential single family. It’s a riparian lot. That means it’s required to have 20,000 square feet of lot area, 30 foot front and rear setbacks, 10 foot side yard setbacks, a 75 foot shoreland setback and is restricted to 25 percent lot cover. Shoreland properties are also allowed a 10 foot water oriented accessory structure set. Have a 10 foot water oriented accessory structure setback and water oriented accessory structures are limited to 250 square feet in size. The present conditions of the property are 22.5 percent lot cover. It has a non-conforming 71.8 foot screened porch lake setback. The stairs of the deck are approximately 70 feet from the lake which is a non-conforming setback. And the outer extent of the concrete patio here is approximately 68 feet from the lake. There are two non-conforming water oriented accessory structure setbacks. One has about a 4 foot shoreland setback instead of the required 10 foot and one has about a 4 foot required shoreland setback and a non-conforming 1 foot side yard setback. All other features of the house appear to meet city code. The applicant is proposing to enclose the deck area over the screened porch and is also requesting to add a 2 foot cantilever over and towards the lake. And then they are proposing extending the deck over to match the cantilever line and then a reconfiguration of the patio that results in about a 1 foot expansion. I tried to color code stuff so the red line is the 75 foot lake setback. Anything in the shaded green is an existing non- conformity and the blues and grays are the requested expansions to the existing non-conformity. The applicant has stated that this variance is necessitated because it’s an older home that needs an interior remodel to create a dining area. They noted the area covered by the screen porch is all that impervious surface within the 75 foot shoreland overlay. Also a 75 foot shoreland setback and the proposed encroachments into the setback are very minor necessitated by the existing placement of the home and would not be readily visible by neighbors or other members of the public. So staff reviewed this. Staff looks when we review these type of requests at the intent of the non-conforming use ordinance and so staff believes that enclosing the area above the screen porch is a very, very minor intensification. That it’s a request that is necessitated by the age of the home and the need to modernize it and that it does not meaningful increase the non-conformity. However staff feels that in the 2 foot cantilever is not necessary to achieve the goals of updating the home and would represent an expansion of the existing non-conformity. The non-conforming use states specifically states that additions to new structure should meet existing setbacks and should not increase so that’s staff’s reason for recommending that all expansions on the property be kept to the existing setback and staff has drawn the approximate existing setback line in black and is recommending approval of variances that would allow enclosing the existing screen above the screen porch and extending that over but maintaining that existing setback line rather than increasing it. Both the proposed deck and patio expansions appear to be aesthetic choices and don’t appear to be necessitated by any practical difficulty in using the property. For that reason staff is recommending granting the variance to enclose over the screen porch and variances to allow maintaining the existing non-conforming but not expanding beyond that. With that I’d be happy to take any questions. Chanhassen Planning Commission – September 15, 2020 3 Randall: Anyone have any questions? Noyes: I guess I have one. In this development how common are variance requests of this nature and have they generally been granted in the past? Walters: Yep so what staff does is we look within 500 feet of the property having a variance. In this case there were not any variances found that were requested or granted within that 500 foot area. Eyeballing the properties on the aerials which we do to try to determine if the neighborhood has a pattern of non-conformities, it appears to staff that most of the properties are probably in a similar situation to this where they conform to most of the ordinance with a possible slight encroachment into that 75 foot setback but as to date no variances have been granted. Von Oven: Do you happen to know how long the 75 foot setback has been a thing? Walters: I want to say it was established in the 70’s. Mr. Generous do you have a better year for me on that? Von Oven: The decade is good enough. Generous: I wasn’t here in the 70’s. Walters: I was not implying that. Generous: Yeah the ordinance was in place then but they actually had a larger setback that you would average neighboring properties to so that 75 foot was a minimum but. Walters: If you pulled the average. Generous: If the neighbors on either side were farther back then you’d have to have even a farther setback and that was amended in the 90’s. Randall: Any other questions? No? Seeing no more questions should we hear from the applicant? I know you’re excited to talk to us so. Yeah go ahead. And then also too we’ll be a little projected on the screen. Adam Bender: This is a survey which shows the net results following staff’s recommendation for granting of the lesser of the two variances and in keeping with the easterly setback of the existing structure. The original variance that we had applied for is asking for again just 2 feet more than what is shown here by the, we have a cantilever and…that no foundation work. No brick work would be occurring any closer to the lakeshore than the home presently lies. We feel that the neighboring homes are either side will not be impacted by such addition. And my reason Chanhassen Planning Commission – September 15, 2020 4 for doing so is of course more space in an already small home that’s of benefit to our clients. That is why we are here this evening and be happy to take any technical questions from the City. Von Oven: I’m sorry if I missed it but are you the neighbor? Adam Bender: I’m sorry my name is Adam. I’m the applicant representing the contractor and behind me is an other person from my company and then the clients, the homeowners are here tonight as well. Von Oven: Got it, thank you. Randall: So in looking at the renderings that you have, is that cantilever, is that just the overhang basically on that second floor that’s going to overhang? Adam Bender: Right. The limits of the screen porch on the ground floor are going to stay where it presently lies. Randall: Okay. Adam Bender: And then the addition above that which formerly was a deck but that’s the room we want to move 2 feet closer to the lake. Randall: Okay. Adam Bender: And then in keeping with that same line a new small grilling deck in that southeast corner would keep in line with our addition. For cleanliness. We’re trying to keep the stairway to grade from the deck as compact and as tucked away as possible. See we are…by the setback here and the numbers are hard to read on the screen but that does say 10.3 feet so we were just outside of the setback there. The bottom of the stairs we’re trying to keep that obviously as far away as possible. I do think I recall city staff commenting that maybe a slight further encroachment in the bottom of the stairs would be permissible. Randall: Anyone else have any questions or? Noyes: I guess I just want to make sure I understand because you basically since staff has presented us with the original set of information you’ve changed your design a little bit here is what basically you are saying? Adam Bender: We haven’t changed the initial request. The only showing something tonight that is in alignment with what staff has recommended. Noyes: Got it. Chanhassen Planning Commission – September 15, 2020 5 Adam Bender: So while we’re not altering the request, this is essentially what staff was recommending approval on. And so this rendering I show before you on the screen compared to what was originally submitted, you’ll notice there isn’t a vast difference between the two and that these two exterior facades are flush with one another. Noyes: So you’ve eliminated the cantilever feature basically? Adam Bender: We did. We did. Von Oven: …has got me a little confused earlier so I’m not sure if this is a question for you or for MacKenzie but I’ll just ask it anyway. So the existing stairs I noted earlier are encroaching into the setback. The stairs as you’ve got them listed here encroach 2 feet further into the setback from what I can tell. That’s not really my point. My point is, is that covered in the staff recommendations? So if we were to recommend, are we just overlooking that extra 2 feet or is that covered in what’s in the language? Walters: It’s covered in what’s in the language. So the applicant always has the right to continue an existing non-conformity. So what the variances are being granted for is any expansion to that. So for example it might be easier to understand if we noted that the patio that exists has a non-conforming 7 foot setback. What staff’s recommendation, the motion being made in staff’s recommendation is silent on that encroachment because it’s an existing encroachment. But however if you allow them to expand 1 foot beyond that then you need to grant a variance for everything and then you have to create that 8 foot patio variance. The stairs were in a similar situation. The current degree of encroachment is not an issue. Staff has no objection to that. Any expansion to it is when the variance would be required. Von Oven: Got it. So then the question was for you. Did I misunderstand earlier, is the proposed stairs ending at 72 feet from the shore whereas the existing ones are ending, or are sitting 70 feet from the shore? Adam Bender: The new stair and the existing stair should terminate at roughly the same location. Von Oven: Got it, okay. Thank you. Randall: Got any other questions for? Noyes: Yeah I just want to kind of walk through that same thought process on the patio. Have you changed your patio design based on recommendations of staff or is that still the original design and non-conformance and requirement for a variance? Adam Bender: Oh right so no we have not changed the design of the patio. This mark here is what was originally applied for. It looks like it is just beyond the limits of the patio today and if Chanhassen Planning Commission – September 15, 2020 6 that were a requirement I wouldn’t see us having an issue with that. It was not intended to grow larger than the patio that’s there today…as being a nice size for the homeowners. Noyes: Thank you. Very helpful. Randall: Any more questions? Does the homeowner want to speak at all? Stacy Goff: Sure. Randall: And your name ma’am. Stacy Goff: My name is Stacy Goff and myself and my husband and I. Generous: Speak into the microphone. Stacy Goff: Sure, sorry. Better? Generous: Yeah. Stacy Goff: Would you prefer my mask off? Okay. We’ve been homeowners in the home since January of this year so we are kind of new to this whole process. But not new to the home so the home is my childhood home. I was born in the home in 1970 and grew up in the house. It belonged to my parents and my mom owned it until January when we took over ownership of it. So as you might have seen in the background it has been badly in need of remodel. The last remodel was done in 1980 so that is when we contracted with Adam and Jamie and their team to help us design and then construct something new. So it was really important to me and to us to maintain as much of the original house and design as we possibly could while still doing a remodel. The homes that were, so in 1970 when I grew up there this was, for those of you that are maybe from Chanhassen. This was a gravel road with a dead end and a farm on one side of us where there’s now a big park so it was a pretty rural area. We were one of only five homes along the lake so it has obviously changed a lot in the past 50 years. The homes on either side of us now, one of those used to be a vacant lot. That is a very large home right now and on the other side of us which was Prince’s property from 1980 until he passed away, that is also a new built and a very, very large home on the other side of us. And in working with our design company we really made it clear from the beginning that we did not want something that large. We didn’t want anything really showy. We just wanted to update the home that we have and keep it as close as we could to it’s original design. So first I guess I want to thank you for considering that additional 3 ½ feet that it sounds like staff is recommending that we move forward with. That part was really important to us based on what we want to do with that upper kitchen and dining room area. The extra 2 feet that we’re requesting that as you see is more of a cantilevered space, is truly more of a design feature so it is certainly something that we could live without. No doubt I have to concede that. It is more of a design feature. It gives us a little bit more space in the dining room and it does impact the deck and what we can do with the deck Chanhassen Planning Commission – September 15, 2020 7 on that one side because we are limited because of the space going out on that one side for the deck. We’re very cautious about being new, well me sort of new but really new to the neighborhood and making sure that our request would not cause any harm to the neighbors. It does not impede the sight line of any of the neighbors including the ones to our immediate north and south. We did talk to our neighbors directly and wanted to share with them what our plans were and letting they know they would probably be receiving a mailing and to please let us know if they felt like there was anything that we hadn’t thought of considered. We wanted to hear that from them. We certainly want to get off on the wrong foot and we knew that the neighborhood sight line was something that you all would look at so they did not indicate that they had any concern with them. We talked to additional neighbors down Kiowa Trail as well but certainly the ones immediately to the north and south. Because it’s cantilevered it, the surface, it’s not going to have any challenges with drainage or the referral earlier to an impervious surface. The hard surface doesn’t change because it is a cantilever 2 feet over which also from the setback while it does certainly go 2 feet further than that 3 ½ feet, it is on the upper level. Our house is not close down to the lake. We have a pretty high retaining wall and then this is actually on the second level so it is a pretty decent distance from the lake itself. So hopefully that kind of explained a little bit on kind of why we are requesting what we are requesting. Are there any questions? Randall: Does anyone have any questions? Thank you for presenting that. I’m glad that that option that the staff is recommending will work for you. It’s always sad when it’s just like it won’t work but at least that will somewhat work for you so. Any, are you one of the concerned? Jamie Anderson: I’m Jamie Anderson, one of the owners and designers on the project. I just want to add a couple things that might be overlooked with the improvements that we’re making to the rear property. There are, there’s a slab, a concrete slab that we’ve removed to improve you know some of the features in the back so there’s a lot of things that are getting improved on the property that might want to be looked at as well. Not just you know we’re asking for those 2 foot of cantilever. It might seem simple and something that we could get away from but there are other things that we’re improving that are helping with the site with the concrete that’s coming out underneath that deck and stair landing right there so that 2 feet was, when you’re talking about 2 feet, architecturally it’s not just the dining room space. It’s the flow and the view which is the most important part of it we’re missing a little bit. The view out this back of the home, this beautiful lake. It’s really something to consider too so I just wanted to add a little bit of detail that might have been overlooked. Thank you. Randall: Thank you. I guess we’ll open up the public hearing aspect of it. Is there anyone from the public here? Did we receive any emails or phone calls? Walters: Staff was not contacted by any member of the public. Randall: Is anyone on hold right? Chanhassen Planning Commission – September 15, 2020 8 Walters: Nope, no one is ringing in. Randall: Alright. Do we need to give it a few minutes in case anyone? Walters: I don’t believe so. Randall: Okay. Alright. Alright we’ll close the public hearing and comments, concerns. Do we have any comments or concerns? Walters: One thing staff would like to note, this is just a factual clarification. The deck could be expanded about 5 feet further to the south because decks, open decks are allowed to encroach up to 5 feet into the required 10 foot side yard setback. I just mention that because it was mentioned that the 10 foot side yard constrained deck expansion and again it’s not super, super relevant but just as a full factual correct that is a possibility. Randall: MacKenzie is there an issue with the watershed district with the encroachment at all or anything? Walters: We received no comments from either the DNR or the watershed on this variance. Skistad: I was quiet today. I was always looking at the I guess where I’m a little confused is what is here versus what the presentation was. Randall: So you’re wondering based on where that rendering B is that MacKenzie presented that they with the without doing the major variance? Skistad: Yeah, right. So that they’re still asking for the variance but they presented a picture without the variance, is that what? Walters: Correct. My understanding is the applicant’s preference is for the 2 foot cantilever option. However in good faith effort I believe they showed a rendering of what it would look like if the commission went with staff’s recommendation instead of their first preference, if that’s an appropriate way to phrase it. Adam Bender: Yes sir. Von Oven: Usually you just give us one recommendation and then we’re forced to up or down. But this time you actually gave us like Plan B which is the variance as requested. I’m just curious what made it different this time for you? Walters: So one of the, so philosophically staff’s prime responsibility is always to provide the strictest, most consistent with the intent of the code interpretation as our recommendation. The Planning Commission philosophically exists to provide some discretion and judgment on the Chanhassen Planning Commission – September 15, 2020 9 literal reading of the code. When it comes to variances one of the standards is reasonable use. That is at some level a judgment call. This is a case where staff felt that the Planning Commission may feel that reasonable use involved granting the 2 foot cantilever. Staff outlined a case why we feel our recommendation is appropriate but there are situations when we anticipate that you know perhaps that reasonable use standard would be interpreted differently and in those cases we usually provide an alternative motion for what we think is a likely possible read on that. You of course have every freedom to deviate from any of the proposed motions. Von Oven: Thank you. Noyes: I guess just one other comments I would provide is, I could completely agree with the term reasonable use and I think what’s been presented here, you know it’s not egregious. It falls into that definition of reasonable use but I do struggle with one other part of it is that we’re setting a precedent here if we grant the variance so I’m struggling a little bit with what issues are we creating in the future for other similar properties. I mean the facts kind of show that there’s a lot of properties on the lake that are built in this era and there’s quite a few that have non- conformance so what do we do here if we want a variance that says hey you can have an extra 2 feet here. An extra 3 feet here. Are we kind of opening Pandora’s Box for other requests and I don’t know the answer to that. I’m asking you kind of rhetorically but that’s one of my concerns about this especially when we’ve got you know their request is saying hey yeah this is a nice to have you know type of thing. I’m worried about approving a nice to have and still opening up Pandora’s Box a little bit. I’m not saying I’m against it right now but I’m just, I’m struggling with that a little bit. Randall: Any more comments? I agree with you that too. It’s we get into these variances and setting a precedent. Now I’m at 2. It was great that they have a second plan that is conforming with what we need them to do and that will work for them. I mean most of the time what, it won’t work so yeah would I like them to be able to do the cantilever and all that? Yeah it’d look great but with the setback we just can’t do that so that’s my comment on it so. Skistad: I guess I would take an opposing view on that. I would say that if it’s, I would err on the side of the property owner who is trying to do their best to conform and they’re not, I mean it’s like on a second story of the house as well so it’s not as if they’re putting footings in or doing something such as that so I would, I tend to err on the side of like I said the property owner versus a city requirement. Randall: Would anyone like to make a motion? Walters: Staff has also prepared an alternative motion. Randall: What’s the other motion that you prepared? Chanhassen Planning Commission – September 15, 2020 10 Walters: The other motion is granting the variance as requested. The first motion was granting as staff recommended. Von Oven: Just one thing I want to make sure of before I sort of finalize my thoughts. You, there you go. That’s the one. This multi-colored picture, hospital green. Non-conforming patio. That will remain but be enclosed correct? Walters: No. What is being enclosed is currently this bump out here that I think is a 12 by 16 I want to say. Thank you. Von Oven: Oh the patio is the ground level, never mind. Sorry. So that will be just about even with the proposed cantilever and what I’m getting at is no element of this house will be any closer to the lake than it is now. Is that a true statement? Walters: No. So this black line here represents the existing setback line to the lake so the light green will be the cantilever’s 2 foot extension into the lake. Full disclosure because I used paint these lines are not precise and may, you know probably slightly exaggerate the extent of the encroachment. And they are proposing maintaining an even line with the deck which would also expand slightly beyond that existing setback to the lake. If you’re speaking in absolute terms from like the closest edge of that patio towards the lake, nothing would be beyond that existing but in terms of structural it would move closer if the variance were granted. And as I noted my understanding is this patio, concrete area is being removed. Correct? Adam Bender: Correct. Von Oven: Got it. Randall: So MacKenzie with the removal of that concrete would their hardscape percentage remain the same or would it go down? Walters: I believe it, so my recollection is the permit they applied for showed an increase of something like 7 square feet of lot cover all told. I believe the removed patio here largely balances with the proposed addition. Is my memory correct on that? Adam Bender: Yes, so the variance as applied for, we had a net gain of 227 square feet of coverage. However that does not take into account this existing patio on the south side of the lot that has, or will be removed and so I would, I would say that it would be about a wash in the end result. Randall: Thank you. Walters: And I will state the property is under it’s 25 percent lot cover limit. Chanhassen Planning Commission – September 15, 2020 11 Randall: Any more thoughts or concerns after covering some of that aspect? Noyes: Can you show us your alternative recommendation? Walters: The variance as requested. Noyes: So this takes into account the removal of the cantilever? Walters: No, this one would allow for the cantilever to be present. Staff’s recommendation which is the 3.2 foot shoreland setback would not allow for the cantilever. The 5.2 foot variance allows them to have the cantilever and push out 2 feet beyond the existing line. Noyes: Thank you. Randall: Anyone like to make a motion? Skistad: I’ll make a motion on the other one. Randall: Alright. Skistad: The Chanhassen Board of Appeals and Adjustments approves the 5.2 foot shoreland setback variance to permit enclosing and expanding the existing deck and an 8 foot shoreland setback variance to replace and expand the rear patio subject to the conditions of approval and adopts the attached Findings of Fact and Decisions. Randall: Do we have a second on that? Alright I guess we don’t have a second on it so. Walters: Motion fails for lack of a second. Randall: We have another motion? Noyes: I will make a motion here. Randall: Commissioner Noyes. Noyes: The Chanhassen Board of Appeals and Adjustments approves the 3.2 foot shoreland setback variance to permit enclosing and expanding the existing deck subject to the conditions of approval and denies the 5.2 foot shoreland setback variance for a cantilever and 8 foot shoreland setback variance for a patio and adopts the attached Findings of Fact and Decision. Randall: Do we have a second? Von Oven: I’ll second. Chanhassen Planning Commission – September 15, 2020 12 Commissioner Noyes moved, Commissioner Von Oven seconded that the Chanhassen Board of Appeals and Adjustments approves the 3.2 foot shoreland setback variance to permit enclosing and expanding the existing deck subject to the conditions of approval and denies the 5.2 foot shoreland setback variance for a cantilever and 8 foot shoreland setback variance for a patio and adopts the attached Findings of Fact and Decision. 1. A building permit must be obtained prior to construction and building must comply with the Minnesota State Building Code. 2. Eaves may encroach an additional one foot beyond the granted variance as shown in the plans dated August 3, 2020. All voted in favor except for Commissioner Skistad who opposed and the motion carried 3 to 1. Randall: Nay? Skistad: I mean I would support their decision for this as well but unfortunately I would prefer the other version for them. Randall: So we have 3 ayes and 1 nay. Does that move on MacKenzie based on our count? Walters: Yep as three-fourths majority that is a final decision that can of course be appealed by the applicant or any member of the public. If we get the appeal by 4:30 Monday this item would then go before the City Council on October 12th. If not the decision of the commission will stand. Randall: Okay, alright. Thank you for coming in tonight. PUBLIC HEARING: DISCUSS CODE AMENDMENTS TO REQUIRE ZONING PERMITS FOR ALL STRUCTURES THAT DO NOT REQUIRE BUILDING PERMITS. Walters: Yep so public hearing. If the commission’s ready we’ll launch right into these. Randall: Sounds good. Walters: Alright the first code amendment to discuss is requiring zoning permits for all structures. The issues is that structures that residents are interested in constructing in the city that do not require a building permits and are not included in the list of structures requiring zoning permits that the City currently has. A lot of times these structures seem they’re things that shouldn’t require any sort of permit until they get put in a really poorly chosen place and Chanhassen Planning Commission – September 15, 2020 13 really anger the neighbors. So what the City would like to do is essentially require any structure to get a zoning permit so that we can make sure they’re not building across property lines, in easements, and in other places that are going to cause problems. The advantage of this is it allows us to prevent stuff that’s going to cause a problem from being constructed before it cause the problem rather than receiving a complaint from a frustrated neighbor after somebody’s already spent sometimes thousands of dollars building something and then have to go back and either have them remove it or try to figure out how to make it so people can live with it. So some examples of things that have come up and caused issue in the last year or so. Large above ground swimming pools are not covered under the building permit so as long as it’s under 5,000 gallons they can go up without any sort of a permit. When these things go up right on the lot line it can cause a lot of hard feelings. Hot tubs are kind of similar. Large tree houses are often times built on big trees that are right on the lot line. Some people get very frustrated when it ends up overhanging or encroaching into their property. Play structures can also fall in this. These a lot of times will get constructed in nature preserves because it’s nice and wooded and pretty and without a permit the owners don’t realize that it’s protected by a conservation easement. Wood fire pizza ovens. Again you know it’s a little thing that it seems like we’re going for over reach but if your neighbor is running a wood fire pizza over for 4 hours right on the property line right under your window you’re not happy. Sport court lights so not require a zoning permit and generate a lot of complaints when they go up and are angled improperly. So that’s what we’re hoping to do is just make it so that when folks call and say does this need a permit we can say yes it does and we can make sure it’s going in a good place and that it’s not going to be causing an issue for their neighbors. So that’s the brief of it. I’d be happy to take any questions. Von Oven: What’s the definition of a structure? Walters: Yep, structure under the city code is anything made by man and attached to the ground. It is a very broad definition. Von Oven: Okay. Walters: Which is somewhat intentional. I received a call last week from an individual interested in putting 10-15 foot pole in his yard so he could hang mesh down to cover his garden. You know again in the right location this isn’t an issue. Really close to the property line with the neighbors looking at it everyday potentially an issue. Noyes: How much extra work does this bring on for staff? Walters: Hard to say exactly but we typically last year I want to say we issued about 160 zoning permits under the current ordinance. I wouldn’t anticipate this to increase my work load by more than 20 or 30 permits a year. I’m the staff member that evaluates zoning permits so I’m probably the best equipped to determine whether or not this would be an undue burden. I think honestly it would solve more problems than it would cause. I lose a lot more hours when I have to do after the fact enforcement versus being able to prevent a problem from happening. Chanhassen Planning Commission – September 15, 2020 14 Randall: What is the cost for the permit? Walters: At the moment zoning permits are free. There is discussion, full transparency there is discussion at the council of adding a $50 fee to zoning permits and then adding an inspection component. As things currently stand we don’t do compliance inspections after zoning permits are issued. It’s an honor system and the vast of majority of residents put stuff exactly where they tell us they will. Unfortunately that small number that make the patio a little bit bigger or the shed a little bit closer have created issues so we’re going to begin charging a fee to cover the cost of doing inspections to make stuff’s built where we’ve been told it’s going to be built. I don’t know where the council will ultimately go on that but it is being discussed and is proposed. Randall: Is there a square foot to deem a tree house to be large? Walters: Basically common sense I would say. You know if someone says hey I want to put up a 5 by 5, you know a little bitty thing in the tree, yeah. We’re not going to be requiring a permit. It’s when you get into that 30-40 feet. Mostly we’d use where the tree was honestly. Randall: And for example like the Sport Court lights, where do you see that going? Like someone gets the permit and then you talk to them angling lights to not upset your neighbors. Is that how you would tend? Walters: Yeah Sport Court lights are probably the most problematic of all of these in terms of not having a permit requirement. So our nuisance ordinance makes it illegal to allow lights causing nuisance glare to be installed but I have no mechanism to determine or restrain them from being installed. So we have, the city code regulates the amount of light trespass that can occur between residential properties and requires a 90 degree cutoff on lights to prevent them from shining into windows, etcetera but I have no mechanism to compel people to give me permits or to review these. Randall: Okay. So example I decide to flood out my back yard and make a hockey rink. I put lighting up. Then do I need to have a zoning permit for my? Walters: At the moment no. Randall: But if this were to change. Walters: Yep. Randall: Okay. Walters: And then that would allow me to, and again these are not exhaustive things. You would just say these are the lights I’m doing. These are, do you disagree Mr. Generous? Chanhassen Planning Commission – September 15, 2020 15 Generous: No I just wondering that if you’re putting up temporary lights generally we don’t do any permitting for that. It’s the permanent light fixtures that. Randall: Okay. Walters: Oh that’s a point. My apologies. Yeah. Randall: That’s where I could see the issue coming in and for the record if my wife is watching I’m not planning on flooding our back yard so… Walters: Historically though temporary structures are a lot easier for us to do enforcement action on because they’re more portable. Less of a fixed investment. But no Mr. Generous is right, temporary structures would be exempted from permitting under this. My apologies. Randall: Sorry to throw you a curve ball there. Walters: No that’s good. Noyes: Just to continue on that example mostly for my curiosity, Mark mentioned the lights. What about the hockey rink itself. That’s a temporary structure correct? Walters: Yep, they’re allowed. They’re not permitted. We don’t require permits for them. A lot of folks put up back yard hockey rinks or set them up on storm ponds. We don’t regulate that. Noyes: But we would now. Walters: Nope it’d still be as Mr. Generous said, still temporary structure. Our concern is permanent stuff that can’t easily be moved or relocated that represents you know a significant capital investment for the residents or continuance year round annoyance for the neighbors in a worst case scenario. Noyes: So because of that do we need to change that subject sentence to say discuss code amendment to require zoning permit for all permanent structures that do not require building permits? Walters: I don’t believe so because the existing language. I know, if the commission wants we can certainly make that amendment. The language changes to the code would continue to remain silent on that which would mean current policy of not permitting temporary structures would be in place. So nothing about that would change this. If that makes sense. Chanhassen Planning Commission – September 15, 2020 16 Noyes: I just brought it up because I don’t want to have it cause issues for you guys based on a citizen’s interpretation of structure. Walters: What are your thoughts Mr. Generous? Generous: We generally have not had any problems with the temporary structures. If they start to get bigger like those temporary enclosures for cars that people will put up over the winter, they’re big enough so if they were to be a permanent structure they would need to get a building permit. Noyes: No I’m satisfied. I just brought it up because I want to make sure… Generous: Any time they put in footings or things like that, those are the things we want to see. Von Oven: Do you know if this, this method of this amendment I guess has precedent in other cities? Was it conceived here or was it borrowed from somewhere else? Walters: This was designed to address a problem we’ve noticed where we have to do, where we get complaints and have to do after the fact enforcement. You know I kind of ran through in my report the history of the zoning permit requirement and what I basically noticed was every couple years we added new structures to the list because we get enough volume of reports that essentially we say okay this needs to be added and so staff conceived that this is a way to just cut to the chase and make it so that any structure is going to require a zoning permit instead of piecemeal adding to the list and having residents come up with new things that are problematic and not required. Generous: And generally it was designed as a preventative measure so that we could stop people from creating problems before it became a permanent fixture. Randall: Do you have any more examples for us MacKenzie or is that just your top 6 list right there? Walters: Those are the ones that I’ve been called about enough that when I wrote this paper it was like oh yeah I’ve got that one. I’ve got that one. I’ve got that one. I’m sure if I went through my call logs I’d find some weird ones but yeah. Generous: Decorative trellises sometimes. Walters: No I’m thinking the one that wanted a big concrete reinforced mailbox that one of the neighbors was upset about. You know so it’s just sometimes really random things. Skistad: I didn’t think we were allowed swimming pools so that one surprised me. Above ground swimming pools. Chanhassen Planning Commission – September 15, 2020 17 Walters: Above ground swimming pools currently the code is completely silent on and anything the code does not prohibit the rights lie within the property owner. Randall: But if I had a 4,000 gallon pool I wouldn’t need to get the permit but if I had a 5,000 I’d have to right? Walters: 5,000 requires a building permit under state law is my understanding. Right now in Chanhassen if you put in a 4,999 gallon above ground pool you would not need to pull any permit or have any staff review. And again when this goes right on the property line, right under the bedroom and kids are playing, that’s where we are trying to avoid and make sure that stuff’s going where it should. Randall: Okay. Any other questions for staff? Do we have any phone calls coming in regarding public comments? None? Walters: We can open the public hearing. Randall: Open the public hearing. Walters: I am not seeing any calls. Randall: Okay, alright. We’ll open up the commission discussion. Walters: Chair we need to close the public hearing please. Randall: We close the public hearing. Walters: Thank you. Randall: Thank you. …say a point of order. Any comments, concerns regarding this? Von Oven: I’m in favor of what you’re trying to prevent. I’m not in favor of the broadness of the definition and the idea of it potentially fairly soon costing $50 dollars for any structure for any resident to get a zoning permit. That puts me over the edge so I hate coming forth with a problem without a solution but I think we have to find a balance between continuing to add things that are structures and just opening the gates for anything that you stick in the ground that is considered permanent, and again I don’t have a great solution for it. I think this is a way to do it but I don’t think it’s necessarily the right way. I think we need, somehow we need to be able to define what falls inside this and what doesn’t fall inside it. Otherwise it’s too broad and then I can see a, I can see this happening and then a couple of months later it’s $50 dollars to get the zoning permit and then there’s a huge backlash from people saying where did this come from. So yeah as it stands right now I’m not in favor of having it that broad. Chanhassen Planning Commission – September 15, 2020 18 Noyes: I completely understand where you’re coming from. I guess I have a question though is, do we as a commission need to separate out the actual motion from what the cost part of this that the City Council’s going to look at right? I mean if we said we think this is a good business process and then we let the City Council decide if it’s a good business process at zero dollars or $50 dollars or $500 dollars whatever, what I’m worried about is going down the path of hey let’s not do something that makes sense because of something that’s going to happen down the road but we don’t know if it’s going to happen for sure. So I have the same concern. That’s why I asked about the permanent versus the temporary type of thing because it is broad but I also can understand there’s probably some upset neighbors out there that have had to deal with things because there wasn’t a concrete requirement in place. Randall: Any comment? You’re thinking over there? Skistad: If they’re already, I mean if they’re on the border or on the property line they’re probably already breaking some code are they not? Walters: They are. That’s where we get into that issue with the after the fact enforcement. A lot of times folks aren’t as, not everyone know exactly where their property line is and a lot of times sitting down staff, going through the permit process, looking at the survey. Having to draw it on there is enough to educate them so they realize oh, it stops 5 feet from my garage. Not 7 feet like I thought. So what the zoning permits lets us do is by making them show us where they’re putting it and by letting us say stuff like oh hey you may not know this but you had a drainage and utility easement here, you know there’s actually a sewer line going through here. You don’t want to put this on top of that. We can fix problems before they happen. If no permit’s required then they go, they spend you know however much they spend building this beautiful thing, and they’re acting in complete good faith. They think it’s fine. They put it a foot on the neighbor’s property. The neighbor gets upset and then it’s either civil dispute going through the courts to force them to remove or the City doing, and I’m talking worst case scenario here obviously. Or the City doing after the fact enforcement compelling them to ripe it up and relocate which is much harder than stopping it before it goes in. So yes they are breaking a rule but they don’t know they’re breaking the rule. This is usually an educational tool for us. Randall: I agree with you on that point. It is a great educational tool. I know I was looking at getting a shed in my back yard. Went to the website. Looked at the requirements. It was good and your point being, I agree with the fee thing but it’s not part of this motion right now I guess and that would be something that I mean we could argue later with the City Council I guess. I don’t know if they’d even come, the fee structures that come through but yeah I’m thinking large tree house they need to go get a permit and I think the idea of the education aspect behind it. Having people come in and actually understand what they can and cannot do and here’s the reason why. It’s not over reaching thing. Unfortunately I could see the fees getting out of hand but that’s not part of the motion right now so that’s why I’m just focusing on that so. The other Chanhassen Planning Commission – September 15, 2020 19 thing too how are we going to, how is the public going to be taught or made aware of these zoning permits? Walters: Yep. Randall: Are you going to be hanging door flyers or? Walters: Yep assuming this passes and is then also passed by the City Council what staff would do is we would write a Connection article. A lot of people do read Connection. We’d also update the City website. We’d probably try to give it some prime time in the scrolling bar you know, updated zoning permits requirements. Click here to learn more. You know a lot of times how we catch stuff for zoning permit too is whenever anyone digs under state law they’re supposed to get a Gopher One locate so one of the things staff does is we review these tickets and then we call the contractor and the homeowner and I make several calls a day that are basically hi, I see you’re going to put in a fence. Did you know you need a fence permit in the city of Chanhassen? Let me talk you through the process and so we would do that same outreach on a property by property and the word would get around through contractors and homeowners. It will take years before everyone’s on the same page. We still have contractors we call about patios who say I have no idea that patios, I didn’t know patios needed one. I’ll pull a permit. A couple have used that line 4 or 5 times now so I get a little skeptical but you know we do do outreach. Randall: I mean I don’t want to do those…like having to pull a permit to replace a toilet in my house or something like that but you know I understand where this is coming from I guess and so I think it’s a good thing. I’ll be voting in favor of that proposed motion if someone does propose it so. Noyes: I will make a motion. The Chanhassen Planning Commission recommends that the City Council adopt the proposed amendment to Chapter 20 of the Chanhassen City Code concerning zoning permits. Randall: Do we have a second? Is there a second? Walters: Under Roberts Rules the Chair can second if they so choose. Randall: Alright I will second it. Commissioner Noyes moved, Acting Chair Randall seconded that the Chanhassen Planning Commission recommends that the City Council adopt the proposed amendment to Chapter 20 of the Chanhassen City Code concerning zoning permits. Commissioners Noyes and Randall voted in favor, Commissioners Von Oven and Skistad opposed. The motion fails with a vote of 2 to 2. Chanhassen Planning Commission – September 15, 2020 20 Walters: And so we’ll move it onto City Council with a note that the Planning Commission voted 2 to 2, correct Mr. Generous? Generous: Or we can take it back to the City Manager and our Community Development Director. Walters: If we want to revise it and bring it back? Generous: Yeah. Walters: Okay we will update you at the next commission meeting in terms of where this is going. Thank you. Skistad: I’d like to just, can I make my comment on it? Is that alright? As far as the play structures go, how do you determine if that is permanent or not? That’s just one thing that I think should be thought through. Walters: Concrete footings. If it’s anchored to the ground it’s permanent. That’s always our standing on those. Randall: Similar to trampoline? Walters: Is not permanent. Randall: Good to know. Generous: Unless you’re anchored to the ground. Walters: Yeah you cement that baby in. Randall: Alright what’s next on the agenda here? PUBLIC HEARING: DISCUSS CODE AMENDMENTS TO PERMIT THE CONSTRUCTION OF CERTAIN STRUCTURES ON OUTLOTS. Walters: On outlots yep. So if you remember about a month back we had a variance case, the individual wanted to put the water oriented accessory structure on their riparian lot. It was technically platted as an outlot. By definition they’re unbuildable. However there are places in the city that property’s an example. Several city parks. HOA beachlots and similar designated uses where as part of their subdivision approval the City Council has said we want this outlot to be used for this purpose and sometimes that purpose involves a building. So we have a bit of a disconnect in our code because no outlot can ever have a building on it. So staff’s proposed Chanhassen Planning Commission – September 15, 2020 21 solution is to adopt very tight performance standards allowing the issuance of building permits that are consistent with the stated intent of an outlot. So this will allow for instance an outlot platted as an HOA beachlot to have a gazebo which is something they’re permitted under the city code as an HOA outlot. As a recreational beachlot. So it will kind of reconcile these discrepancies and allow our code to be more internally consistent. The goal in the performance standards is to make sure that outlots still serve their primary function which is to preserve open spaces and present land that cannot be developed. So some examples of the, this is actually a pretty comprehensive list of what would be permitted. Beachlots. So things that were intended to be beachlots would be allowed anything permitted by a beachlot conditional use permit or their non-conforming use permit if they’re an older beachlot. If it’s a park, a structure shown on the subdivision plan or if no plan is consistent with the existing nature in use would be permitted. Single family riparian we would allow water oriented structures as per our shoreland ordinance and then a lot of developments will have an outlot and the intent would be to have a monument sign there. This would clean it up and make it clear that we can in fact issue a sign permit to allow them to put a sign on that outlot. However if it’s intended for open spaces still no building would be allowed period. Be happy to stand for any questions you have. Noyes: Does the outlot have to be privately owned? Walters: No. So for instance a lot of times when subdivisions dedicate open spaces or preserve lands they hand it over to the City and in some cases those lots are intended for parks and are handed over to the City so several neighborhood level parks are platted as outlots and are owned by the City. Noyes: So where would the demand for a structure on that type of outlot come from? Would that come from the residents who use it or come from the City? Walters: If it’s one of our parks we would be developing in accordance with our park master plan. How exactly the park department determines what structures it puts on is they do a community surveys, outreach, things of that nature. The majority of the ones that we’re probably talking about though are going to be HOA ones where you know the developer back when the HOA, when the subdivision was formed negotiated for a smaller lots with the understanding that a big lot in the center was going to be there to have play structures and things like that for the neighborhood children. So technically under our ordinance if they came in and say hey, we want to replace the jungle gym with a climbing ladder, I’d have to say yeah I can’t give you a permit. It’s an outlot. Obviously that’s not a position we want to be in or try to defend. That’s a use consistent with it’s intended use. We want to give them that flexibility. We want to let that lot be used for it’s intended purpose so what this code does is say you can use it as it was intended to be used and it gives us the authority to grant those building permits. What we don’t want to do is open up outlots to non-specific development because then you know worst case scenario the HOA’s running in a bit of a deficit, well let’s bulldoze the playground and sell it to a developer and they can put a big house on it. So that’s why the original provision in the code says outlots are by definition non-buildable. So we’re proposing strict performance standards to Chanhassen Planning Commission – September 15, 2020 22 let them serve their function without opening them up to say general development if that makes sense. Randall: Okay. Skistad: This all makes sense to me. Randall: Yep. Is there going to be a fee associated with it? Walters: Yeah normal permitting fees would be in place. So if they would, like let’s say for instance it was a, I think we do have some outlots that have swimming pools and changing rooms. If they were to demolish the changing rooms. Redoing the plumbing for showers, you know of course we’d have to do the plumbing inspection so the fees associated with that would be applied as per usual. Randall: Okay. Any other comments, concerns, questions? Alright we’ll open up the public hearing portion of the presentation. Is there anyone here from the public wishing to speak? Seeing none, MacKenzie are there any phone calls coming in? Walters: There are no phone calls. Randall: Okay. And the public hearing portion of the presentation. Any questions or concerns? Thoughts. Opinions before we get a motion or someone wants to have a motion. There’s a motion right there is someone wants to look at that. Walters: The motion is actually correct. I just didn’t change the slide heading. Von Oven: Excellent. I’m happy to make a motion. The Chanhassen Planning Commission recommends that the City Council adopt the proposed amendment to Chapter 1 and Chapter 20 of the Chanhassen City Code concerning outlots. Randall: Thank you. Do we have a second? Noyes: I’ll second. Randall: Second. Commissioner Von Oven moved, Commissioner Noyes seconded that the Chanhassen Planning Commission recommends that the City Council adopt the proposed amendment to Chapter 1 and Chapter 20 of the Chanhassen City Code concerning outlots. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Randall: Alright no nays. 4 to 0. Motion passes. Chanhassen Planning Commission – September 15, 2020 23 Walters: Thank you. Randall: Thank you. APPROVAL OF MINUTES: Commissioner Skistad noted the verbatim and summary Minutes of the Planning Commission dated September 1, 2020. ADMINISTRATIVE PRESENTATIONS: CITY COUNCIL ACTION UPDATE. Randall: City Council update. Generous: Oh it was a good one. They tabled the appeal and variance request for Highover Trail last night so. Randall: What did they do? Generous: They tabled it. Walters: That was the appeal and variance you heard a month ago. 6893 Highover Drive. Skistad: The drainage issue. Noyes: That’s where we had the 3-3 vote on our end? Walters: No that was the one. Generous: It was 6-0. Walters: Yeah it was 6-0. That was the one where the applicant was appealing a staff administrative decision believing that staff had made an error in our assessment of. Generous: Not allowing them to build in the D and U. Von Oven: And they tabled it? Walters: The applicant submitted the plans to the City and that they believe will address staff’s issue with the drainage and utility easement. Those plans were submitted about an hour before close of business so staff had not had time to review them so in order to you know give a fair assessment and to determine whether or not it was a viable solution both staff and the applicant agreed to table the item pending our review. Chanhassen Planning Commission – September 15, 2020 24 Generous: Secondly they approved the Bluff Creek Overlay District primary zone boundary adjustment for Powers Boulevard, south of 212. And they approved the Bluffs on Lake Lucy which is the 4th Addition of The Park. And that’s it. And then your next Planning Commission meeting on October 6th you actually have 3 public hearings. On a variance on 6915 Highover Lane. It’s a bluff setback among other things. 7016 Dakota is a variance. Walters: 7016 is a front yard setback and lot cover variance to expand a 2 car garage into a 3 car garage and then add some living area behind in the existing footprint. Generous: And then the third one would be an amendment to the Crossover, or Crossroads planned unit development which is on 101 and Lyman there and site plan review for automotive repair business. So it will be interesting. A little bit different. And we already have stuff coming in for the middle of October so. Randall: Alright do we have a motion for adjournment? Commissioner Von Oven moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The Planning Commission meeting was adjourned at 8:15 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CITY COUNCIL STAFF REPORT Monday, October 12, 2020 Subject Approve Code Amendment to Permit the Construction of Certain Structures on Outlots Section CONSENT AGENDA Item No: D.3. Prepared By MacKenzie Young­Walters, Associate Planner File No:  PROPOSED MOTION “The Chanhassen City Council adopts the proposed amendment to Chapter 1 and Chapter 20 concerning permitting the construction of certain structures on outlots." Approval requires a Simple Majority Vote of members present. SUMMARY The city predominately uses outlots to preserve natural areas, create permanent open space, and reserve areas for future development; however, there are cases where the city has designated outlots to serve as parks, both city and Homeowner Association (HOA) owned, provide riparian access, for both HOA and single homes, and to serve as neighborhood gateways. In these instances where outlots are intended to serve a function outside of the preservation and reservation of space, the city’s prohibition on issuing building permits for outlots can interfere with neighborhoods and homeowners using these lots for their intended use. While the city’s general prohibition on building on outlots is an important tool for preserving and reserving open space, staff believes that performance standards allowing the issuance of permits consistent with the stated intent of an outlot should be adopted. This change would remove potential conflicts between the city’s intended use of an outlot and existing restrictions on issuing building permits for those lots. BACKGROUND The City Council was briefed on this item during the August 24th work session. Staff was directed to draft an issue paper and bring the proposed amendment before the Planning Commission for a public hearing. This item appeared before the Planning Commission for a public hearing on September 15, 2020. No member of the public spoke for or against the proposed amendment. Commissioner Noyes asked if outlots had to be privately owned. Staff clarified that many outlots were owned by the city but that others are private property. Commissioner Noyes requested clarification on who would ask to place an structure on a publicly­owned outlot. Staff noted that several of these outlots serve as parks and that the Parks Department would develop them in accordance CITY COUNCIL STAFF REPORTMonday, October 12, 2020SubjectApprove Code Amendment to Permit the Construction of Certain Structures on OutlotsSectionCONSENT AGENDA Item No: D.3.Prepared By MacKenzie Young­Walters, AssociatePlanner File No: PROPOSED MOTION“The Chanhassen City Council adopts the proposed amendment to Chapter 1 and Chapter 20 concerning permittingthe construction of certain structures on outlots."Approval requires a Simple Majority Vote of members present.SUMMARYThe city predominately uses outlots to preserve natural areas, create permanent open space, and reserve areas forfuture development; however, there are cases where the city has designated outlots to serve as parks, both city andHomeowner Association (HOA) owned, provide riparian access, for both HOA and single homes, and to serve asneighborhood gateways. In these instances where outlots are intended to serve a function outside of the preservationand reservation of space, the city’s prohibition on issuing building permits for outlots can interfere with neighborhoodsand homeowners using these lots for their intended use.While the city’s general prohibition on building on outlots is an important tool for preserving and reserving open space,staff believes that performance standards allowing the issuance of permits consistent with the stated intent of an outlotshould be adopted. This change would remove potential conflicts between the city’s intended use of an outlot andexisting restrictions on issuing building permits for those lots.BACKGROUNDThe City Council was briefed on this item during the August 24th work session. Staff was directed to draft an issuepaper and bring the proposed amendment before the Planning Commission for a public hearing.This item appeared before the Planning Commission for a public hearing on September 15, 2020. No member of thepublic spoke for or against the proposed amendment.Commissioner Noyes asked if outlots had to be privately owned. Staff clarified that many outlots were owned by thecity but that others are private property. Commissioner Noyes requested clarification on who would ask to place an structure on a publicly­owned outlot. Staff noted that several of these outlots serve as parks and that the Parks Department would develop them in accordance with the city's Park plan. Staff elaborated that in most cases it would be HOAs or other private interests repairing, replacing, or modifying existing features on their outlots. Commissioner Randall asked if there would be fees associated with these permits. Staff stated the the city's current permit fee structure would apply. The Planning Commission voted 4 to 0 to recommend approval. DISCUSSION A full discussion is provided in the attached issue paper. RECOMMENDATION Staff recommends that the the City Council amend the City Code to permit the construction of certain structures consistent with the intended function of an outlot. ATTACHMENTS: Staff Report Outlot Ordinance DATE: CITY OT CIIANHASSIN MEMORANDUM TO:Planning Commission MacKenzie Young-Walters, Associate Planner September 15,2020 Permit the Construction of Certain Stnrctures on Outlots FROM: SUBJ: Outlots are by definition unbuildable, i.e. no building may be placed on an outlot; however, subdivision approvals often specify that parks, recreational beach lots, and other designated uses that entail buildings are to be located on outlots. SUMMARY The city predominately uses outlots to preserve natural areas, create permanent open space, and reserve areas for future development; however, there are cases where the city has designated outlots to serve as parks, both city and Homeowners Association (HOA) owned, provide riparian access, for both HOA and single homes, and to serve as neighborhood gateways. In these instances where outlots are intended to serve a function outside ofthe preservation and reservation ofspace, the city's prohibition on issuing building permits for outlots can interfere with neighborhoods and homeowners using these lots for their intended use. While the city's general prohibition on building on outlots is an important tool for preserving and reserving open space, staffbelieves that performance standards allowing the issuance of permits consistent with the stated intent ofan outlot should be adopted. This change would remove potential conflicts between the city's intended use ofan outlot and existing restrictions on issuing building permits for those lots. RELEVANT CITY CODE Sec. 1-2.-Rules of construction and definitions: defines an outlot as: "a platted lot to be developed for a use which will not involve a building or which is reserved for future replatting before development." PH 952.227.1100. www.ci.chanhassen.mn.us. Fx 952.227.1110 I/OO MARKET BOULEVARD .PO BOX ]4T.CHANHASSEN .MINNESOTA 55317 Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow ISSUE Permit the Construction of Certain Structures on Outlots September 15, 2020 Page 2 The city's intent in defining outlots as unbuildable is to prevent individuals from buying these lots with the expectation that they can use the property as otherwise permitted by the prope(y's zoning. Ifoutlots were broadly eligible to receive building permits, anyone owning an outlot could make the case that they had bought the property with the understanding that they could build a house or other permitted use on it, and the city would likely be compelled to issue the permit under the reasonable use doctrine. The development of outlots in this manner would result in the loss of environmentally sensitive op€n spaces that have been set aside for preservation. By defining outlots as unbuildable, the city ensues that these areas cannot be arbitrarily and haphazardly developed. This relatively straightforward premise is complicated by the fact that areas not intended to serve as preserved open space are also platted as outlots. For example, a lot in the center ofa subdivision may be platted as on outlot with the intent that the HOA will own, maintain, and build a neighborhood playground or swimming pool. In this situation, the city would ask that the lot be platted zrs an outlot in order to prevent the developer fiom changing their mind about the park and selling the lot as an additional home or to prevent a cash-strapped HOA from subsequently selling the lot to a builder. While this designation protects the lot from being repurposed, it also could prevent the city from issuing the permits needed for the lot to serve its intended function. For example, as the construction of a gazebo as an amenity for the park or changing room/shower facility for the pool. A similar situation is created for recreational beach lots, many of which are located on outlots. The City Code simultaneously allows for these lots to have gazebos, a building, by listing them as a permitted use within the conditional use permit, and disallows the city lrom issuing a permit for their construction by stating that buildings may not be constructed on outlots. In the same vein, several subdivisions have been created where riparian parcels too small for a home are separated from the subdivision's other lots by a road. In these cases, the city has required the riparian parcels to be platted as outlots and linked to a buildable parcel within the subdivision in order to aflord that properry owner riparian rights while preventing the potential construction ofa home on a substandard lot. When the property owner with riparian rights contacts the city to inquire about the possibility ofbuilding a water-oriented accessory structure on their riparian lot as allowed under the city's shoreland management overlay district, they are invariably shocked to discover that they cannot construct a building on their lot. In all ofthe above cases, the outlot was explicitly created by the city to serve a purpose other than preserving open space or reserving an area for future development, yet the City Code's blanket prohibition on issuing building permits for outlots prevents the outlots from serving their intended purpose. Staff recommends resolving this conflict by amending the definition of outlot to encompass designated uses beyond preservation and reservation and by adopting specific performance standards explicitly detailing what permits can be issued and under what circumstances. In all cases, no permit should be issued for an outlot that is inconsistent with its ANALYSIS Permit the Constnrction of Certain Structures on Outlots September 15, 2020 Page 3 intended use. By adopting this definition and associated standards, the city can ensure that outlots are not subject to general development pressures while still allowing HOAs and residents to enjoy the intended benefits of these amenities. ALTERNATI I ) Do nothing. The city's non-conforming use ordinance allows for the reconstruction of existing buildings and zoning and sign permits can be issued for other 6pes of structues to allow reasonable use of outlots. 2) Amend the city's definition ofoutlot to allow for the constnrction of designated uses and adopt performance standards to govem the issuance of permits for outlots. RECOMMENDATION Staff recommends Altemative 2. The proposed amendment would read as follows: Outlot means a platted lot @Iae+invel+e-a$uildi*g which is intended as open space or other designated use or which is reserved for future replatting before development. (20) Sec. 20-970.- Outlots Outlots are intend to be preserved either as open space' used for a designated use, or reserved for future development through replatting. To this end' no building permit' zoning permit, or sign permit may be issued to allow the construction of a structure on an outlot unless one of the following criteria is met: 1) The outlot is a recreational beach lot operating under a non-conforming use permit or a conditional use permit. Ifthe recreational beach lot is operating under a non- conforming use permit, no zoning or building permit may be issued unless the structure is expressly permitted by the non-conforming use permit. Ifthe recreational beach lot is operating under a conditional use permit, no zoning or building permit may be issued unless the structure is permitted by the conditional use permit and allowed under section 20-266 of the City Code. 2) The outlot is a park If the subdivision approval included a site plan or description of the part<" no zoning or building permit may be issued unless the structure is consistent with the subdivision's plan for the park If no plan was approved for the outlot as part of the subdivision, no zoning or building permit may be issued unless the structure is consistent with the park's existing nature and intensity of use. 3) The outlot was created with the intent of providing a specific single-family residence with riparian rights. If the outlot and lot specified in the subdivision approval are under common ownership a building or zoning permit may be issued for the construction of a J Permit the Construction of Certarn Structures on Outlots September I 5, 2020 Page 4 water-oriented accessory structure, stairvay, lift and/or landing meeting the criteria of section 20-481 of the City Code. 4) The outlot is owned by a developer, homeowners association, or the city and the outlot was intended to provide a location for the development's monument sign. If the outlot was identified and approved for sign placement as part of subdivision or site plan approval, a permit may be issued for a sign meeting the criteria of the approval. Secs. 20-971 - 20-975.- Reserved. g:\planvnw\issue papers atrd repons (dnfu)\outlols\oullol issue paper.docx 4 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. XXX AN ORDINANCE AMENDING CHAPTER 1, GENERAL PROVISIONS, AND CHAPTER 20, ZONING, OF THE CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 1-2 of the Chanhassen City Code is amended to read as follows: Outlot means a platted lot that is intended as open space or for another designated use or which is reserved for future replatting before development. (20) Section 2. The Chanhassen City Code is amended by adding Section 20-970 to Section 20-975 to read as follows: Sec. 20-970.- Outlots Outlots are intend to be preserved either as open space, used for a designated use, or reserved for future development through replatting. To this end, no building permit, zoning permit, or sign permit maybe issued to allow the construction of a structure on an outlot unless one of the following criteria is met: 1) The outlot is a recreational beach lot operating under a non-conforming use permit or a conditional use permit. If the recreational beach lot is operating under a non-conforming use permit, no zoning or building permit may be issued unless the structure is expressly permitted by the non-conforming use permit. If the recreational beach lot is operating under a conditional use permit, no zoning or building permit may be issued unless the structure is permitted by the conditional use permit and allowed under section 20-266 of the City Code. 2) The outlot is a park. If the subdivision approval included a site plan or description of the park, no zoning or building permit may be issued unless the structure is consistent with the subdivision’s plan for the park. If no plan was approved for the outlot as part of the subdivision, no zoning building permit may be issued unless the structure is consistent with park’s existing nature and intensity of use. 3) The outlot was created with the intent of providing a specific single-family residence with riparian rights. If the outlot and lot specified in the subdivision approval are under common ownership a building or zoning permit may be issued for the construction of a water oriented accessory structure, stairway, lift and/or landing meeting the criteria of section 20-481 of the City Code. 4) The outlot is owned by a developer, homeowners association, or the City and the outlot was intended to provide a location for the development’s monument sign. If the outlot was identified and approved for sign placement as part of subdivision or site plan approval, a permit may be issued for a sign meeting the criteria of the approval. Secs. 20-971 – 20-975.- Reserved. 2 Section 3. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 12th day of October, 2020 by the City Council of the City of Chanhassen, Minnesota Heather Johnston, Interim City Manager Elise Ryan, Mayor (Ordinance XXX published in the Chanhassen Villager on [insert date]) CITY COUNCIL STAFF REPORT Monday, October 12, 2020 Subject Approve Code Amendment Requiring Zoning Permits for all Structures that Do Not Require Building Permits Section CONSENT AGENDA Item No: D.4. Prepared By MacKenzie Young­Walters, Associate Planner File No:  PROPOSED MOTION “The Chanhassen City Council approves the proposed amendment to Chapter 20 concerning zoning permits." Approval requires a Simple Majority Vote of members present. SUMMARY There are structures that are exempted from the state’s building permit requirements that have the potential to violate the city’s zoning code. Since the city’s zoning code regulates things like setbacks, height, and impervious surfaces, violations of the zoning code can disturb adjacent property owners, interfere with drainage and utility easements, and lead to drainage and stormwater issues. Historically, it has been much easier for the city to prevent these issues by identifying potentially problematic structures before they are constructed through the review of zoning permits than to try to address these issues after a structure has been installed. Currently, the section of the City Code lists structures that require zoning permits; however, the list is not exhaustive and there are structures for which no permit is required. Staff proposes amending this section of the Code to clarify that all structures require a zoning permit. Due to concerns that the city's definition of a structure is overly broad and that fees may be charged for zoning permits in the future, the Planning Commission's motion to recommend approval of this Code amendment failed with a vote of 2 to 2. BACKGROUND The City Council was briefed on this item during the August 24th work session. Staff was directed to draft an issue paper and bring the proposed amendment before the Planning Commission for a public hearing. This item appeared before the Planning Commission for a public hearing on September 15, 2020. No member of the public spoke for or against the proposed amendment.  The Planning Commission discussed the following: CITY COUNCIL STAFF REPORTMonday, October 12, 2020SubjectApprove Code Amendment Requiring Zoning Permits for all Structures that Do Not RequireBuilding PermitsSectionCONSENT AGENDA Item No: D.4.Prepared By MacKenzie Young­Walters, AssociatePlanner File No: PROPOSED MOTION“The Chanhassen City Council approves the proposed amendment to Chapter 20 concerning zoning permits."Approval requires a Simple Majority Vote of members present.SUMMARYThere are structures that are exempted from the state’s building permit requirements that have the potential to violatethe city’s zoning code. Since the city’s zoning code regulates things like setbacks, height, and impervious surfaces,violations of the zoning code can disturb adjacent property owners, interfere with drainage and utility easements, andlead to drainage and stormwater issues. Historically, it has been much easier for the city to prevent these issues byidentifying potentially problematic structures before they are constructed through the review of zoning permits than totry to address these issues after a structure has been installed.Currently, the section of the City Code lists structures that require zoning permits; however, the list is not exhaustiveand there are structures for which no permit is required. Staff proposes amending this section of the Code to clarifythat all structures require a zoning permit.Due to concerns that the city's definition of a structure is overly broad and that fees may be charged for zoning permitsin the future, the Planning Commission's motion to recommend approval of this Code amendment failed with a vote of2 to 2.BACKGROUNDThe City Council was briefed on this item during the August 24th work session. Staff was directed to draft an issuepaper and bring the proposed amendment before the Planning Commission for a public hearing.This item appeared before the Planning Commission for a public hearing on September 15, 2020. No member of thepublic spoke for or against the proposed amendment.  The Planning Commission discussed the following: Commissioner Von Oven asked what is the definition of a structure. Staff stated that the city defined a structure as anything made by man and attached to the ground. Commissioner Noyes asked how much extra work this requirement would be for staff. Staff replied that they estimated that it would work out to 20 or 30 additional permits a year, but that they felt it would result in a lower workload due to problems being identified before structures were installed. Commissioner Randall asked what the cost of a permit was. Staff noted that the permits were currently free, but that adding a $50 fee at a future date had been discussed. Commissioner Randall asked if there was a size threshold for tree houses. Staff stated that there was not and the proposed location would likely be the determining factor. Commissioner Randall asked about sport court lights and if permits were required for backyard hockey rinks and lights. Staff noted that if these fixtures were permanent the amendment would require a permit, but that temporary structures would still be exempt. The Commissioners asked for clarification on if temporary structures would require a permit. Staff clarified that they would not and that existing policy regarding temporary structures would not be altered by the proposed amendment. Commissioner Von Oven asked if the proposed permit requirement had been borrowed from other cities. Staff responded that they had proposed the amendment in response to an observed problem within Chanhassen. Commissioner Skistad asked if above­ground pools were allowed. Staff replied that they were allowed and that if they were under 5,000 gallons no permit was currently required. Commissioner Von Oven stated that he supported the intent but was concerned about the potential for a fee to be charged and the broadness of the definition. He indicated a preference for adding specific items to the list. Commissioner Noyes stated that he did not feel the Planning Commission should take a potential fee into consideration. He felt that residents could be frustrated by the lack of a permit requirement. Commissioner Skistad asked if problematic structures weren't already breaking City Code. Staff confirmed that they often were, but noted that it was much harder to address a Code violation after it occured than it was to prevent the violation from happening. Staff indicated that permits were often educational tools as residents usually did not know that a structure they wanted to put in would violate City Code. Commissioner Randall stated that he felt zoning permits were good educational tools and would help people understand what they could and could not do. He also noted that fees were not part of the issue at hand. Commissioner Randall asked how staff would inform residents of the new requirement. Staff indicated they would use the website, Connection newsletter, and that they follow up on Gopher One locate requests to inform people of permitting requirements.  A motion to recommend approval of the proposed Code amendment failed with a vote of 2 to 2. DISCUSSION A full discussion is provided in the attached issue paper. RECOMMENDATION Staff recommends that the City Code be amended to require zoning permits for all structures that do not require building permits. CITY COUNCIL STAFF REPORTMonday, October 12, 2020SubjectApprove Code Amendment Requiring Zoning Permits for all Structures that Do Not RequireBuilding PermitsSectionCONSENT AGENDA Item No: D.4.Prepared By MacKenzie Young­Walters, AssociatePlanner File No: PROPOSED MOTION“The Chanhassen City Council approves the proposed amendment to Chapter 20 concerning zoning permits."Approval requires a Simple Majority Vote of members present.SUMMARYThere are structures that are exempted from the state’s building permit requirements that have the potential to violatethe city’s zoning code. Since the city’s zoning code regulates things like setbacks, height, and impervious surfaces,violations of the zoning code can disturb adjacent property owners, interfere with drainage and utility easements, andlead to drainage and stormwater issues. Historically, it has been much easier for the city to prevent these issues byidentifying potentially problematic structures before they are constructed through the review of zoning permits than totry to address these issues after a structure has been installed.Currently, the section of the City Code lists structures that require zoning permits; however, the list is not exhaustiveand there are structures for which no permit is required. Staff proposes amending this section of the Code to clarifythat all structures require a zoning permit.Due to concerns that the city's definition of a structure is overly broad and that fees may be charged for zoning permitsin the future, the Planning Commission's motion to recommend approval of this Code amendment failed with a vote of2 to 2.BACKGROUNDThe City Council was briefed on this item during the August 24th work session. Staff was directed to draft an issuepaper and bring the proposed amendment before the Planning Commission for a public hearing.This item appeared before the Planning Commission for a public hearing on September 15, 2020. No member of thepublic spoke for or against the proposed amendment. The Planning Commission discussed the following:Commissioner Von Oven asked what is the definition of a structure. Staff stated that the city defined a structure asanything made by man and attached to the ground.Commissioner Noyes asked how much extra work this requirement would be for staff. Staff replied that theyestimated that it would work out to 20 or 30 additional permits a year, but that they felt it would result in a lowerworkload due to problems being identified before structures were installed.Commissioner Randall asked what the cost of a permit was. Staff noted that the permits were currently free, but thatadding a $50 fee at a future date had been discussed.Commissioner Randall asked if there was a size threshold for tree houses. Staff stated that there was not and theproposed location would likely be the determining factor.Commissioner Randall asked about sport court lights and if permits were required for backyard hockey rinks andlights. Staff noted that if these fixtures were permanent the amendment would require a permit, but that temporarystructures would still be exempt.The Commissioners asked for clarification on if temporary structures would require a permit. Staff clarified that theywould not and that existing policy regarding temporary structures would not be altered by the proposed amendment.Commissioner Von Oven asked if the proposed permit requirement had been borrowed from other cities. Staffresponded that they had proposed the amendment in response to an observed problem within Chanhassen.Commissioner Skistad asked if above­ground pools were allowed. Staff replied that they were allowed and that if theywere under 5,000 gallons no permit was currently required.Commissioner Von Oven stated that he supported the intent but was concerned about the potential for a fee to becharged and the broadness of the definition. He indicated a preference for adding specific items to the list.Commissioner Noyes stated that he did not feel the Planning Commission should take a potential fee intoconsideration. He felt that residents could be frustrated by the lack of a permit requirement.Commissioner Skistad asked if problematic structures weren't already breaking City Code. Staff confirmed that theyoften were, but noted that it was much harder to address a Code violation after it occured than it was to prevent theviolation from happening. Staff indicated that permits were often educational tools as residents usually did not knowthat a structure they wanted to put in would violate City Code.Commissioner Randall stated that he felt zoning permits were good educational tools and would help peopleunderstand what they could and could not do. He also noted that fees were not part of the issue at hand.Commissioner Randall asked how staff would inform residents of the new requirement. Staff indicated they would usethe website, Connection newsletter, and that they follow up on Gopher One locate requests to inform people ofpermitting requirements. A motion to recommend approval of the proposed Code amendment failed with a vote of 2 to 2.DISCUSSIONA full discussion is provided in the attached issue paper.RECOMMENDATION Staff recommends that the City Code be amended to require zoning permits for all structures that do not require building permits. ATTACHMENTS: Zoning Permit Issue Paper Zoning Permit Ordinance DATE: CITY OT CHAI'IHASSIN MEMORANDUM TO:Planning Commission MacKenzie Young-Walters, Associate Planner September 15,2020 Require Zoning Permits for all Stnrctures That Do Not Require Building Permits FROM: SUBJ: There are structures that residents are interested in constructing that do not require building permits and are not included in the list of structures requiring zoning permits. These slructures have the potential to violate the city's zoning code and these structures should be evaluated for compliance with the zoning code before they are constructed. There are structues that are exempted from the state's building permit requirements that have the potential to violate the city's zoning code. Since the city's zoning code regulates things like setbacks, height, and impervious surfaces, violations of the zoning code can disturb adjacent prop€rty owners, interfere with drainage and utility easements, and lead to drainage and stormwater issues. Historically, it has been much easier for the city to prevent these issues by identifiing potentially problematic structures before they are constructed through the review of zoning permits than to try to address these issues after a structure has been installed. Cunentiy, the section of the City Code lists structures that require zoning permits; however, the list is not exhaustive and there are structures for which no permit is required. Staff proposes amending this section ofthe Code to clarify that all structures require a zoning permit. Sec. 20-91.- Zoning permit: States a list of structures not requiring building permits that require zoning permits and states that any zoning permit application that fails to meet the requirements ofthe zoning ordinance shall be denied. Amendment History Ordinance 377 passed in 2004 created section 20-91. Zoning Compliance Review and required Agricultural Buildings, Detached Decks less than 30" in height, Detached Accessory Structures less than 120 square feet, and Sport Courts be reviewed for compliance with the zoning code. PH 952.227.1 I 00 . www.ci.chanhassen.mn.us . FX 952.227.1110 77OO I'4ARKET BOULEVARD .PO BOX ]47. CHANHASSEN .MINNESOIA 55517 Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow ISSUE SUMMARY RELEVANT CITY CODE Zoning Permits for All Structures That Do Not Require Building Permits September 15,2020 Page2 Ordinance 452 passed in 2007 added Driveway Expansions and Patios to the list of items requiring zoning permits. Ordinance 612 passed in 2015 amended the Detached Accessory Structure requirement to include stnrctures less than 200 square feet and added Retaining Walls less than 4' in height to the list. The City Code lists eight structures that require a zoning permit. They are all structures that are subject to zoning code provisions that limit structures' heights, placement, and lot coverage. For example, staff requires zoning permits for sport courts to ensure that a 2,808 square foot doubles tennis court is not constmcted in the front yard ofa quarter acre property directly on the side lot line. Such a structure would alter the visual aesthetic ofthe neighborhood, pose a risk to motorists as missed balls flew into the road, disturb neighbors as tennis matches occurred l0 feet from their bedroom, and divert stormwater runoffdirectly onto the neighbor's property. While this is an extreme example, much smaller and less obviously out ofplace structures can have negative impacts as well. For example, a small loo-square foot patio fire pit located on the property line may violate the fire code by failing to maintain enough separation from a neighboring shed or home. The neighbor may feel that evening fires occurring so close to their home disturb the peace and quiet and the grading associated with installing the patio many have leveled a drainage swale to the detriment of other properties. Altematively, a homeowner may be unaware ofconservation and tree preservation easements that restrict the placement ofthese types of features and sensitive natural resources are damaged when these structures and their associated activities occur within these areas. Finally, there are situations where homeowners are unaware ofthe location oftheir property lines and build structures within city-owned preserves. All of the examples show why it is important that the city review the placement of small structures; however, the language ofthe zoning permit statute only requires permits for specific structues. Other items such as large above-ground pools or 190 square foot tree houses also have the same ability to impact adjacent properties. Since the adoption ofthe zoning permit requirement in 2004 staff has amended the list three times to include additional stnrctures that were generating complaints and zoning violations. Rather than continue to expand the list as problems are discovered, staffbelieves it would be more efficient to include language making it clear that any structure regulated by the zoning code that does not require a building permit requires a zoning permit. This language would also aid staffin responding to resident complaints as staffcould require a retroactive zoning permit for any structure constructed without a permit after the adoption ofthe revised language to veriry and document compliance with the ordinance. Additionally, that fact Ordinance 409 passed in 2006 renamed section 20-91 as "Zoning Permit" and added fences less than six feet in height to the list of structures. ANALYSIS Zoning Permits for All Structures That Do Not Require Building Permits September 15,2020 Page 3 that the appropriate permit was not initially obtained would make it easier for staff to require the resident to remove or relocate the structue to comply with the zoning code. l) Do nothing. Most structures either require a building permit or fall under one of the categories listed under zoning permits. In the cases where structues not falling into one ofthese categories are built in a way that violates City Code, staff can conduct after-the- fact enforcement actions. 2) Amend Sec. 20-91 to require a zoning permit for all structures not requiring a building permit. Staffrecommends Altemative two. The proposed amendments would read as follows: Sec. 20-91. - Zoning permit. (a) A zoning permit shall be required for the construction ofeny structure which does not require a building permits to determine compliance with zoning requirements such as setback, site coverage, structure height, etc. Examples of structures requiring zoning permits include, but are not limited to: (l) Agricultural buildings. (2) Decks less than 30 inches above the ground and not attached to the principal structure. (3) Driveway expansions. (4) One-story detached accessory structures, used as tool or storage sheds, playhouses, and similar uses, 200 square feet or less in building area. (5) Patios. (6) Permanent fences less than six feet in height. (7) Retaining walls four feet and less in height. (8) Sport courts. (b) Any zoning permit application that fails to meet zoning ordinance requirements shall be denied by the community development director. g:\plarvnw\issue papers aid rcpons (&afu)\zoning permit\zoning permit issue paper.docx ALTERNATIVES RECOMMENDATION 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. XXX AN ORDINANCE AMENDING CHAPTER 20, ZONING, OF THE CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 20-91 of the Chanhassen City Code is amended to read as follows: Sec. 20-91. - Zoning permit. (a) A zoning permit shall be required for the construction of any structure which does not require a building permit to determine compliance with zoning requirements such as setback, site coverage, structure height, etc. Examples of structures requiring zoning permits include, but are not limited to: (1) Agricultural buildings. (2) Decks less than 30 inches above the ground and not attached to the principal structure. (3) Driveway expansions. (4) One-story detached accessory structures, used as tool or storage sheds, playhouses, and similar uses, 200 square feet or less in building area. (5) Patios. (6) Permanent fences less than six feet in height. (7) Retaining walls four feet and less in height. (8) Sport courts. (b) Any zoning permit application that fails to meet zoning ordinance requirements shall be denied by the community development director. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 12th day of October, 2020 by the City Council of the City of Chanhassen, Minnesota Heather Johnston, Interim City Manager Elise Ryan, Mayor (Ordinance XXX published in the Chanhassen Villager on [insert date]) CITY COUNCIL STAFF REPORT Monday, October 12, 2020 Subject Approve Updates to City's Purchasing Policy Section CONSENT AGENDA Item No: D.5. Prepared By Greg Sticha, Finance Director File No:  PROPOSED MOTION "The City Council approves the attached City of Chanhassen Amended Purchasing Policy." Approval requires a Simple Majority Vote of members present. BACKGROUND The last time modifications to the city's purchasing policy were made was in 2016.  Some routine amendments are requested by staff to bring the current policy in line with other local government standards.  These changes include some minor modifications to green practices, allowing for online bidding for large construction projects, changes for current agreement processing guidance, language for now required W­9 forms and cleaning up of language related to professional service contracts. The threshold for required sealed bids based on statute has changed to $175,000. The current policy for required sealed bids is $100,000 and the revised policy now reflects the change in statute to $175,000. RECOMMENDATION The City Council approves the attached City of Chanhassen Amended Purchasing Policy.  ATTACHMENTS: Amended Purchasing Policy Purchasing Policy City of Chanhassen, Minnesota Adopted on February 10, 2003 Amended on July 14, 2003 June 26, 2006 July 14, 2008 June 27, 2011 October 10, 2016 October , 2020 Section 1. Purchasing Guidelines 1.1 Goals and Objectives This purchasing manual was created to: • Clarify and reconcile the sometimes confusing requirements of state purchasing law, departmental procedures, and the Finance Department processes. • Provide a comprehensive resource book for staff to be effective and efficient when making purchases. • Standardize purchasing and payment methods to expedite the purchasing process. The standards in this manual are minimum standards to ensure fiscal responsibility. Departments may set more restrictive procedures to meet their own budgetary accountability. 1.2 ADA Compliance The City of Chanhassen is subject to the provisions of the Americans with Disabilities Act (ADA). The Chanhassen City Council adopted an ADA compliance plan which outlines how the City complies with the Act. In general, the City will consider the needs of people with disabilities as it purchases equipment and configures work and public areas. 1.3 Quick Reference Guide for Purchases Value of Purchase Quotations Needed Payment Request Options Approvals Needed Prior to Purchasing Less than $100 None Petty Cash Credit Card Check Request Department Finance City Manager City Council Yes No No No $100-$4,999 Departmental Discretion Credit Card Check Request Purchase Order Department Finance City Manager City Council Yes No No No $5,000-$10,000 Two Written Quotes or Proposal’s Credit Card Check Request Purchase Order Department Finance City Manager City Council Yes No No No $10,000-$19,999 Two Written Quotes or Proposal’s Credit Card Check Request Purchase Order Department Finance City Manager City Council Yes Yes Yes No $20,000-$174,999 Two Written Quotes or Proposal’s Check Request Purchase Order Department Finance City Manager City Council Yes Yes Yes Yes Greater than $175,000 Sealed Bids Check Request Purchase Order Department Finance City Manager City Council Yes Yes Yes Yes Notes: If a cooperative purchasing agreement is in place, quotations are not needed. All purchases must be approved as part of the annual budgeting process or within the CIP. The City Council has pre-approved payment for utility accounts and payroll transfers that occur in the normal course of business even though they may exceed $20,000. These are contractual accounts for services that are approved as part of the budget process. The vendors that fall under this situation include Centerpoint Energy, Xcel Energy, Metropolitan Council Environmental Services, Carver County Sheriff’s Office, United States Treasury, State of Minnesota, PERA, and the City’s insurance and healthcare providers. Any payments to these vendors that are outside the normal course of business will be presented to the City Council for individual approval. 1.4 Professional Services Utilizing a Request for Proposal (RFP) process, Bid or Quote is required for soliciting professional services in excess of $25,000 except if an established consultant pool is in place. This includes reoccurring annual contracts. Refer to Section 4.5 for additional information concerning RFP’s. For professional services less than $25,000, or when utilizing an established consultant pool, direct solicitation and negotiation can be utilized. Unique professional services are not required to utilize an RFP process, as long as those professional services are specialized or based on specific expertise or professional abilities. All professional services shall have a written agreement. Refer to Section 6. Authorization of professional services shall obtain the required approvals noted in the Quick Reference Guide of Section 1.3. Section 2. Purchasing Practices 2.1 Ethics / Relations with Vendors The City of Chanhassen holds its employees to the highest ethical standards. Purchases shall be conducted so they foster public confidence in the integrity of the City’s procurement system, and open and free competition among prospective suppliers. In keeping with this value, employees should avoid the following practices when making purchases on behalf of the City: Circumventing competitive bidding requirements. Examples of this include: • Splitting purchases so that they can be made through several small purchases. • Using the emergency procedure process when no true emergency exists. • Using a ‘sole source’ exemption when competition is available. Denying one or more vendors the opportunity to bid on a contract. Examples of this include: • Using unnecessarily restrictive specifications. • Pre-qualifying bidders on a discriminatory basis. • Removing companies from a bidders list without just cause. • Requiring unnecessarily high bonding. Giving favored vendors an unfair advantage. Examples of this include: • Providing vendors with information regarding their competition’s offers in advance of a bid opening. • Making information available to favored vendors and not to others. • Giving un-favored vendors inaccurate or misleading information. Accepting gifts from vendors. • Minnesota Statutes §471.895 prohibits government employees from receiving gifts except where they are included as part of the cost of a product, good, or service provided (such as a meal provided as part of a conference). Employees may not use government pricing for personal purchases. 2.2 Recycled Content Environmentally preferable products are goods and services that have a lesser or reduced effect on human health and the environment when compared with other goods and services that serve the same purpose. They contain recycled content, are sustainably harvested, are made with less toxic materials, or conserve energy or water. The following is an overview of items that should be considered prior to making a purchase. Details relating to the items can be found at the MN Pollution Control Agency at www.pca.state.mn.us. Office Products - General • Erasable boards - alternative to paper flip charts • Self-stick fax addressing labels - alternative to full-sized fax cover sheets • Electronic software presentations - alternative to paper copies • Solar-powered calculators and other devices - eliminates the need for batteries • Refillable pens, pencils, and tape dispensers - eliminates waste • Reuse file folders and binders - applying new labels extends their usefulness • E-mail - alternative to paper memorandums • Double-sided copies - reduces paper waste • Reusable or compostable kitchen dishware - reduces waste • Purchase products in reusable, refillable, or returnable containers - containers may be sent back to the vendor for reuse Avoid single serve bottled water, promote reusable or compostable containers Copy Paper and Envelopes • Recycled content - when possible, purchase 100% post-consumer paper. At a minimum, paper shall contain at least 30% post-consumer recycled content. • Chlorine-free paper - buying chlorine-free paper reduces pollution. Choose paper labeled as ‘Processed Chlorine-Free” (PCF) • White and pastel paper - fluorescent colors make copy paper harder to recycle Purchase white and pastel-colored copy paper — dark colors, plastic windows, and padding make envelopes harder to recycle Printing Services • Low volatile organic compounds - choose a printer that uses low-VOC water- based or agri-based inks and press chemicals • Inks - avoid inks containing heavy metals such as barium, copper, and zinc Colors to avoid include fluorescent colors, warm red, and metallics • Glue, coatings, and foil stamping - use glueless bindings and uncoated paper when possible. Avoid foil stamping and heavy ink coverage Office Machines • Copiers - save paper with copiers that feature automatic duplexing and multi- page printing. Purchase remanufactured copiers and models that can use remanufactured toner cartridges • Computers and monitors - choose models that can be easily upgraded • Printers - when possible, choose printers with duplex units to save paper. Look for models that are certified as star compliant (can cut energy use by more than 65%) Look for models of office machines that are certified as Energy Star compliant (can cut energy use by more than 65%) • Printer toner cartridges - purchase remanufactured toner cartridges from suppliers that will reuse spent cartridges Vehicles • Motor oil - purchase re-refined oil when possible • Antifreeze - purchase extended life antifreeze that is designed to last five years/150,000 miles or longer • Lighting • Select LEDs when replacing light bulbs if possible Lumber and Wood Products • Plastic lumber - alternative to chemically treated wood • Treated wood - purchase only AGO treated wood • When practicable, the city will give preference to wood products that are certified to be sustainability harvested by a comprehensive, performance-based certification system. The certification system will include independent third-party audits, with standards equivalent to, or stricter than, those of the Forest Stewardship Council certification. Office Cleaners • Reusable, returnable packaging - purchase cleaners in concentrates • Plastic waste bags - purchase bags that are made from recycled materials Environmentally friendly cleaning products – less toxicity, no aerosols, VOCs Paint • Latex paint - purchase latex paint rather than oil-based paint. Paint should be 10% to 100% post-consumer content, excluding traffic paint. Paint shall be free of toxic heavy metals Carpet • Purchase recycled rubber-backed carpet tiles that can be replaced as they wear Office Furniture and Panels • Remanufactured furniture - Purchase remanufactured furniture when possible. When purchasing new furniture, look for recycled content including metal, PVC and other plastics, pressboard, and fabric Section 3. Authorization The City of Chanhassen has a decentralized purchasing program where individual departments are responsible for making their own purchases. There are a few exceptions including the supplies maintained in the office supply closet, paper and stationery products, and modular furniture and chairs. The front desk administrative staff will assist staff members who need help with research or purchase of items in cases where staff are not familiar with particular products. Payment Authorization Process 1. Determine the need for commodities and services. 2. Research the cost of the purchase and determine proper purchasing alternative. 3. Determine the appropriate account coding and whether there is sufficient funds available in that budget line item. 4. Forward request to department director or designee for approval. If purchase exceeds $10,000 and is less than $20,000 approval is needed by City Manager and the Finance Director. 5. Department director forwards request for payment with invoice to the Finance Department for approval and input into financial accounting system. 6. Payment is made by the Finance Department. 7. Finance produces check register for approval by City Council. Section 4. Purchasing Alternatives 4.1 Sealed Bids • A formal sealed bid procedure is required for all purchases in excess of $175,000 except for professional services. Online (electronic) bidding platforms are acceptable to use. • A published notice of bid is required in the official City newspaper at least seven days in advance of bid opening. The published notice must state where the plans and specifications can be obtained by bidders and specifically, where the bid opening will be held. The notice may also be published on the City’s official web site; however, this publication is in addition to the official newspaper publication. • All bid openings are to be administered by originating department. • The preparation of all specifications are to be the responsibility of the originating department. • Required authorization for plans and specifications is the responsibility of the originating department. • The City Council must formally approve the contract, see Section 6. 4.2 State, County and Other Cooperative Purchasing Contracts State Cooperative Purchasing Contracts — The City of Chanhassen participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables participants to buy goods and services at a reduced cost under the terms of contracts already negotiated by the State of Minnesota. Participation in other purchasing cooperatives is encouraged by all departments. • The Finance Department has access to the releases and listings of products/services that can be purchased on state contract. • If it is determined that a product/service is on a state contract, vendors should be told that the purchase will be made using that contract. When completing the purchasing paperwork, note that the purchase is per state contract and indicate the contract number. 4.3 Quotes If a purchase is estimated to exceed $5,000 but not to exceed $99,999, the purchase may be made either by sealed bids or by direct negotiation based upon quotations. If a purchase is made in this range, staff members are required to obtain at least two written quotes. These quotes should be in writing. If the quotes are not written, the requestor who received the verbal quote must document the quote in writing. All such quotes must be forwarded to the Finance Department with the purchasing documents (invoices). 4.4 Emergency Emergency situations may arise where the normal purchasing process cannot be followed for the procurement of goods and services. An emergency means an unforeseen combination of circumstances that calls for immediate action to prevent a disaster from developing or occurring. Minnesota Statute §12.29 gives the Mayor the authority to declare a local emergency for up to three days, which period may be extended by the City Council. During such an emergency, if authorized by the City Council, the City is not required to use the typically mandated procedures for purchasing and contracts. During that time, the governing body may waive compliance with the prescribed purchasing guidelines including compliance with M.S. 471.345, Uniform Municipal Contracting Law. Whenever possible the current purchasing policies and procedures should be followed even when an emergency is declared, but as described above if the emergency requires speedy action essential to the health, safety, and welfare of the community and if there has been an emergency declaration, the standard purchasing policies and procedures can be waived in accordance with Minnesota Statute §12.37. 4.5 Request for Proposals (RFP) RFP’s may be used to solicit proposals for professional services. Typical information to address in RFPs includes: • Background and scope of the project. • The project’s budget to ensure that the proposals stay within that range. • Proposal requirements should include adequate information to allow for proper review and evaluation including: • Description of firm and qualifications, including any specialized experience related to the project. • A list of similar projects the firm has completed. • Project timetables including: estimate of hours, breakdown of hours by phase, and the City’s expectation for a completion date. • Designation of a firm principal who will be in charge of the project. • Resumes for key staff who will work on the project. • Statement that either no subcontractors are allowed or that all subcontractors will be identified and are subject to the City’s approval. • Not to Exceed or Lump Sum Fee to provide the service along with a fee schedule. • Description of City’s selection process. • City’s evaluation criteria, which typically may include: • Quality and thoroughness of the proposal. • Similar past experience and/or expertise. • References • Cost estimate • The following statement must be included: The City reserves the right to reject any and all proposals, waive all technicalities and accept any proposal deemed to be in the City’s best interest. • Submittal deadline: date, time, project name, and addressee. • Statement: “Proposers are solely responsible for delivery of their proposals to the City before the deadline. Any proposal received after the deadline will not be considered and will be returned.” • Information about where questions should be directed. Note: Staff should make sure that all proposers are given the same information. Attach a copy of the agreement proposed to be used for the project, including the City’s insurance requirements. The agreement includes provisions to which the firm must agree, so it is important that they see the agreement up front. It is suggested that the RFP be submitted to the City attorney for review prior to distribution. 4.6 Leases/Purchases All lease agreements need approval through the Finance Department and/or legal counsel prior to initiating or modifying a lease. 4.7 On-Line Purchases The following guidelines are recommended for purchasing products over the Internet: • All addresses for secure purchasing sites will have an https:// prefix, make sure to make all purchases from a secure site as described above. • No purchase should be made from a city account while connected to any public WiFi service. • Whenever possible avoid from making credit card purchases or sharing of credit card information over the telephone. The preference is always to purchase via a secured internet portal or in person. • City credit card account numbers should not be saved on any ecommerce site. • Avoid online purchases from sites located outside the United States. There is usually an alternative US distributor. Section 5. Payment The City of Chanhassen uses various processes in making payments for goods and services. 5.1 Standard Purchase Orders Purchase orders are used when required by the vendor to acknowledge the City’s request for goods and services. A copy of the purchase order will be sent to the vendor when requested. • The purchase order number used will be the employee’s number. • Once invoice is received and purchase order complete, return completed purchase order with invoice attached and authorization for payment to the Finance Department. 5.2 Accounts Payable Payments The Finance Department policy is for bills/invoices to be paid on one of the weekly claims lists. • All accounts payable payments will be issued weekly. All payments must be submitted to the Finance Department prior to 3:00 p.m. on Wednesday. • Checks will be issued, mailed, or returned to appropriate departments on Thursdays. Payments to be processed electronically will be credited to the vendors bank accounts on the following Monday. • All new vendors are required to submit a W-9 before first payment is issued. 5.3 Blanket Purchase Orders, Charge Accounts, Online Accounts and House Accounts • The City uses blanket purchase orders, charge accounts, and house accounts for frequently used vendors. This process requires submission of receipt with an account code and department approval. All new open accounts must be authorized by the requesting department director and Finance Department. House accounts are not to be used for personal purchases. In addition, use of city online accounts (including Amazon & Other discount retailers) for personal purchases is strictly prohibited. Violation of this policy can result in disciplinary action or termination. 5.4 Invoices • Invoices must be attached to any accounts payable payment, purchase order, or expense voucher along with proper authorization. Documentation must be returned to the Finance Department to be processed on claims list. 5.5 Statements • The Finance Department tracks all statements—reviewing for old invoices or credits. For vendors where the City has open accounts, the Finance Department only pays once a month after matching invoices to the statement. 5.6 Account Coding All requests for payment including, purchase orders, or expense voucher must have an eleven digit code to process payment. Refer to department budget for reference of line item code. Helpful hints for completing payment process: • Eleven digit code — 101 (fund) 1120 (department or project) 4110 (category). • Description - specific description of up to 30 characters. • Vendor address line — limited to four lines. • Invoice number — important to prevent duplicate payment. • Computer generated material preferred. Handwritten is acceptable if legible. • Open account slips — indicate eleven digit financial code. 5.7 Petty Cash • Used for reimbursement to employees for items $100 or less for expenditures made on behalf of the City. • A receipt or invoice with proper departmental authorization must be obtained prior to disbursement. 5.8 Guidelines for Payment Processing • Invoices, purchase orders, or expense voucher must be submitted for payments. • All accounts payable items are due by 3:00 p.m. on Wednesday in the Finance Department, with checks issued the following day. • All accounts payable items must have an eleven digit code to process payment. Refer to department budget line item codes for proper coding. 5.9 Credit Cards The City will issue credit cards to certain individuals to allow for more efficient purchasing and to make purchases at businesses that no longer allow open accounts. To assist the Finance Department in ensuring consistency, accuracy, and thoroughness, the following are procedures to be followed for credit card use: • Credit cards must be obtained from the Finance Department. • Cards will be distributed to those departments that can demonstrate a need, such as efficiency or because vendors do not allow open accounts. • The cards will be issued to departments with transaction and balance limits. No cash advances are allowed on the credit cards. • The responsible person will review the credit card statement each month and code each expenditure, attach a detailed receipt and needs to be signed by the department director, and forwarded to the Finance Department. • Credit cards will only be issued to those employees that can demonstrate a need and have department head approval. Several purchases per year for city business are needed in order for a credit card to be issued. 5.10 Electronic Funds Transfer Electronic Funds Transfer may be required in some cases to complete a business transaction. The funds are transferred electronically from the party’s bank accounts. Some instances may include transactions with the State of Minnesota, a federal agency, another local government, or a closing agent in the purchase or sale of real estate. These transactions need to follow the same guidelines for payment processing in Section 5.9. 5.11 Expense Reimbursement A completed and properly authorized form is required for reimbursement to employees for City-related expenses. All requests must contain proper account codes, department approval, and receipts must be attached. Expenses will be reimbursed by check issued on the next check run. Section 6. Agreement Processing Agreement Forms Agreements need to be reviewed by the City attorney unless they follow a previously used format such as Standard Form of Agreement or Contracts for Private Redevelopment. However, if attachments to the agreement modify the agreement or provide new terms, the agreement should be reviewed by the City attorney. The City attorney’s review must occur prior to submission for a Council agenda and/or signatures. • The City attorney must review an agreement if it is written on the other party’s form, or if a special agreement is being drafted. • Please note: These provisions apply to ALL agreements, including maintenance agreements, service contracts, etc. Authorization Levels • Department Heads may authorize agreements up to $5,000 in value. • The City Manager is authorized to sign agreements up to $20,000 in value, however he/she may delegate the authority for approval of such agreements. • The Finance Director must also authorize agreements between $10,000 and $19,999. • Council authorization is required where a contract exceeds $20,000, and the agreement must be signed by the Mayor and the City Manager. • Where Council authorization is required, a copy of the agreement must be included with the Council request. Signatures • Once the agreement is approved, the other party should submit the original of the agreement for signatures (as many original copies can be submitted as required, but the City requires one original copy). The agreement packet must include the agreement, any required bonds, and the certificate of insurance. Section 7. Capital Outlay and Fixed Assets 7.1 Capitalization Threshold Capital outlay purchases are for items costing more than $10,000, are a tangible asset, and have a life expectancy of more than one year. These items must be included in each department budget in expense account 4701-4762. It should be noted that delivery charges and sales tax must be included as a cost of the item purchased when determining if the purchase is a capital outlay item. If the individual purchase is greater than $10,000 the item is a capital outlay purchase and now should become a recorded capital asset. The amount to record for that capital asset would be any charge “to place the asset in its intended location and condition for use.” 7.2 Acquisition When a capital asset is purchased, a capital asset form needs to be filled out by the department making the purchase. The forms are kept in the Finance Department. The form should be completed when the entire cost of the asset can be supported by vendor invoices. The total of these vendor invoices should be the amount recorded for that asset. It should also be noted that all acquisitions should follow the City’s capital replacement schedule when applicable. 7.3 Tracking and Transfer Once the asset is recorded on the City’s financial accounting system, it is the responsibility of the assigned department to notify the Finance Department of any assets that have been transferred to a different department. This needs to be done by filling out a capital asset form with the required information. In addition, at the end of the year, a physical count of all capital assets will need to be done by each department’s assigned assets. This count will be done at or near the end of the calendar year. Each department will be provided a list of assigned assets by the Finance Department. The count will then be made by the department with any discrepancies noted on the list provided. 7.4 Deletion or Disposal of Fixed Assets When an asset is sold or disposed of the assigned department must complete a capital asset form with the required information in order for the Finance Department to remove the asset from the financial accounting system. This includes items that are disposed of with no sale or trade value. Once again disposals should follow the capital replacement policy of the City. Section 8. Disposal of Surplus Property 8.1 Auction The City disposes of surplus equipment through public sale in accordance with council policy. Throughout the year the City collects items to be sold at public auction and sends them to an auctioneer with a description and number of items to be sold, and makes arrangements for those items to be transported. The auction house will forward a tabulation of the bids received along with payment. The information is reviewed by the equipment manager and then the payment is forwarded to the Finance Department. A capital asset removal form must be filled out when an item sold at auction was listed on the capital asset system. 8.2 Computer Equipment When a piece of computer equipment has reached the end of its useful life with the City, it may be disposed of in one of the following ways: • Sealed bids; • Donation to non-profit or governmental agency (City Manager approval required); • Sell through auction; • Recycle through computer recycling vendor; • Dispose of as waste (unless it contains hazardous material) if the disposal cost is less than $100; • There may be costs associated with recycling or disposal of certain computer equipment such as CRTs in which case purchasing guidelines should be followed. Section 9. Procurement Policies when Using Federal Dollars/Grants 9.1 Purchasing Thresholds All purchases by the city and its agents, when using federal funding and making purchases in excess of $2,000 for construction dollars are subject to the Davis-Bacon Act. In addition construction purchases in excess of $2,000 and purchases in excess of $3,000 for all other purchases, must meet small purchase procurement practices and obtain multiple price/rate quotes from qualified sources. 9.2 Affirmative Action Practices The city and all its agents will take all necessary affirmative action steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible as per “2 CFR 200.321 (b). 9.3 Sealed Bids for Federal Purchases All purchases by the city and its agents will follow all “sealed bid” requirements as per “2 CFR 200.323 (a)”. This includes but is not limited to documenting a cost or price analysis in connection with every procurement action in excess of the “Simplified Acquisition Threshold”, including contract modifications. 9.4 Reviewing for Contractors under Suspension or Debarment In all cases the city and its agents will review the excluded parties list (https://www.sam.gov/), to ensure that no tentative parties, suspended and/or debarred contractors are contracted with when using federal or city dollars. CITY COUNCIL STAFF REPORT Monday, October 12, 2020 Subject Resolution 2020­XX: Accept a Donation from Charter Bank for the Senior Center 2020 Holiday Party Section CONSENT AGENDA Item No: D.6. Prepared By Mary Blazanin, Senior Center Coordinator File No:  PROPOSED MOTION The Chanhassen City Council accepts a donation of $500 from Charter Bank Chanhassen for a contribution toward the Annual Senior Center Holiday Party scheduled for December 3, 2020 at the Chanhassen Recreation Center.  Furthermore, staff is directed to prepare correspondence from the Mayor and City Council thanking Charter Bank Chanhassen for this generous donation. Approval requires a Simple Majority Vote of members present. BACKGROUND This is Charter Bank Chanhassen's 15th year of sponsorship for this event, noting that they are pleased to support the Senior Center's initiatives and proud to host this event for our community's active older adults. RECOMMENDATION Staff recommends the City Council approve the attached resolution accepting the $500 donation from Charter Bank Chanhassen for the Senior Center 2020 Holiday Party. Additionally, staff will prepare a letter of thanks to Charter Bank and coordinate efforts with them for their role in both attending and hosting the event.  ATTACHMENTS: Resolution CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: October 12, 2020 RESOLUTION NO: 2020-XX MOTION BY: SECONDED BY: A RESOLUTION ACCEPTING A DONATION FROM CHARTER BANK CHANHASSEN BE IT RESOLVED THAT THE CHANHASSEN CITY COUNCIL hereby accepts a $500 donation from Charter Bank Chanhassen for the annual Chanhassen Senior Center Holiday Party to be held December 3, 2020. BE IT FURTHER RESOLVED that city staff is hereby directed to prepare a letter of thanks to them for their donation. Passed and adopted by the Chanhassen City Council this 12th day of October, 2020. ATTEST: Heather Johnston, Interim City Manager Elise Ryan, Mayor YES NO ABSENT Ryan None None Campion Coleman McDonald Tjornhom CITY COUNCIL STAFF REPORT Monday, October 12, 2020 Subject Approve Development Contract for Grading Permit for The Bluffs at Lake Lucy Section CONSENT AGENDA Item No: D.7. Prepared By Kate Aanenson, Community Development Director File No:  PROPOSED MOTION “The City Council approves a grading Development Contact and the updated overall Development Contract for The Bluffs at Lake Lucy." Approval requires a Simple Majority Vote of members present. BACKGROUND The City Council approved the Final Plat, Development Contract and Construction Plans and Specifications for the Bluffs at Lake Lucy on September 14, 2020.  The developer is working to complete all of the conditions required to record the plat. DISCUSSION The developer is ready to proceed with the project but is being delayed by two other agencies.  The Carver County Land Records Division has had the plat in the their offices for review for over a month and is expecting it to take up to another two weeks to complete. The Riley Purgatory Bluff Creek Watershed District approval has also taken a few months. The developer is anticipating approval from the Watershed District at their meeting on October 7th. Staff supports the grading plan advancing while under the a separate grading development contract. RECOMMENDATION Staff recommends approving the: Grading Development Contract  Updated Development Contract (revising the security amount to eliminate the security already reflected in Grading Contract) CITY COUNCIL STAFF REPORTMonday, October 12, 2020SubjectApprove Development Contract for Grading Permit for The Bluffs at Lake LucySectionCONSENT AGENDA Item No: D.7.Prepared By Kate Aanenson, CommunityDevelopment Director File No: PROPOSED MOTION“The City Council approves a grading Development Contact and the updated overall Development Contract for TheBluffs at Lake Lucy."Approval requires a Simple Majority Vote of members present.BACKGROUNDThe City Council approved the Final Plat, Development Contract and Construction Plans and Specifications for theBluffs at Lake Lucy on September 14, 2020. The developer is working to complete all of the conditions required to record the plat.DISCUSSIONThe developer is ready to proceed with the project but is being delayed by two other agencies.  The Carver CountyLand Records Division has had the plat in the their offices for review for over a month and is expecting it to take up toanother two weeks to complete. The Riley Purgatory Bluff Creek Watershed District approval has also taken a fewmonths. The developer is anticipating approval from the Watershed District at their meeting on October 7th.Staff supports the grading plan advancing while under the a separate grading development contract.RECOMMENDATIONStaff recommends approving the:Grading Development Contract  Updated Development Contract (revising the security amount to eliminate the security already reflected in Grading Contract) ATTACHMENTS: Grading Development Contract Updated Development Contract CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA THE BLUFFS AT LAKE LUCY DEVELOPMENT CONTRACT FOR GRADING PURPOSES 1 CITY OF CHANHASSEN DEVELOPMENT CONTRACT FOR GRADING PURPOSES THE BLUFF AT LAKE LUCY SPECIAL PROVISIONS AGREEMENT dated October 12, 2020 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, CHAN THREE DEVELOPMENT, INC., a Minnesota Corporation (the "Developer"). 1. Development Plans. The plan shall be developed in accordance with the following plans: Grading Plan and Erosion Control Plan dated September 16, 2020, contingent upon updates based on the conditions of this Agreement. 2. Security. To guarantee compliance with the plans the Developer shall furnish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ("security") for $469,444.71, which is 110% of the estimated erosion control, grading and pond excavation costs as calculated below: The City may draw down the security, without notice, for any violation of the terms of this Contract. If the security is drawn down, the draw shall be used to cure the default. 3. Notice. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Craig Allen Chan Three Development, Inc. 10850 Old County Road 15, Suite 200 Plymouth, MN 55441 Phone: 952-270-4473 E-mail: craig@gonyeacompany.com Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Grading/Erosion Control/Restoration 391,530.20$ Subtotal, construction costs 391,530.20$ Engineering/Surveying/Inspection (7% const. cost)27,407.11$ Landscaping (2% const. cost)7,830.60$ Subtotal, other costs 35,237.72$ Construction Costs + Other Costs 426,767.92$ 110%469,444.71$ 2 Chanhassen City Hall 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 Telephone: (952) 227-1100 4. Other Special Conditions. a. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth or remove trees until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) a pre-construction meeting held by the developer and their contractor(s) with the City and its representatives has been conducted 4) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed (Right to Proceed). b. The improvements shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional engineer furnished to the City and approved by the City Engineer. The City will, at the Developer's expense, have one or more construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector to respond to questions from the City Inspector(s) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer's design. c. Any re quirements set by the MCES to work within the MCES’s sewer and utility easement shall be addressed by the Developer. An executed agreement between the developer and the MCES allowing work within the MCES’s easement shall be provided to the City prior to the issuance of the Right to Proceed. d. Developer shall continue to coordinate with Carver County (“County”) and the City regarding future improvements to Galpin Boulevard. The Developer shall address all conditions associated with the County’s review. Final grading plans, including pond locations, sizing and analysis, along with right-of-way dedications off Galpin Boulevard, shall conform to the future Galpin Boulevard reconstruction project. Cross reference of grading plans, profiles, and respective cross sections are to be provided at key locations such as intersections, ponds, or other special features required by the county and city for review prior to acceptance and recording of the final plat. e. Grading within bluff setbacks is subject to review and approval by the City prior to grading. 3 f. The developer shall conduct a walk-through of the staked grading limits on site with city staff prior to removals to inspect for opportunities for additional tree preservation prior to grading operations. g. Tree preservation fencing shall be installed around existing trees to be saved prior to any grading activities and remain installed until completion. h. A geotechnical engineering firm shall be on-site during grading operations as required to ensure the City’s Standard Specifications and Detail Plates are adhered to. If groundwater is encountered during grading, grades shall be adjusted to maintain a 3 foot separation from the bottom floor elevation and adhering to the recommendations of the soil engineer on site. Changes to grades shall be submitted to the city for review and approval. i. Haul routes for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose, shall be provided for review and approval prior to commencement of grading operations. j. The provided erosion control plan does not fully met the requirements of Sec. 19-145 of City Ordinances, and shall be updated accordingly, subject to review and approval by the City and prior to the issuance of the Right to Proceed. k. The applicant shall submit the full SWPPP and plans to the city for review and approval prior to grading on site. The updated SWPPP shall meet all requirements set forth in the applicant’s General Permit (NPDES Construction Permit), such as locations of concrete wash-outs, stockpile areas, estimated quantities of erosion control BMPs, site location map and proximity to impaired waters, training credentials of SWPPP designer and installer, inlet protection locations, etc. l. Access routes to storm basins shall have a slope no greater than 3:1 m. The remnant driveway entrance north of “Della Drive” shall not be removed in association with the development, the City will assess its removal upon commencement of the Galpin Boulevard improvement project, plans shall be updated accordingly. n. Approved permits from Carver County for temporary access off of Galpin Boulevard shall be provided prior to grading operations. o. All comments and conditions set forth by the Riley Purgatory Bluff Creek Watershed District shall be addressed by the applicant prior to grading operations. p. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. q. In the event that the City receives claims from laborers, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and 4 the laborers, materialmen, or others are seeking payment out of the financial guarantees posted with the City, and if the claims are not resolved at least ninety (90) days before the security required by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees. r. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. s. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre-construction meeting for installation of public improvements. Trailers shall be removed from the subject property within thirty (30) days following the acceptance of the public improvements unless otherwise approved by the City Engineer. t. Developer shall take out and maintain until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City issuing the Right to Proceed. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. u. Construction hours, including pick-up and deliveries of material and equipment and the operation of any internal combustion engine, may only occur from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors, agents and supplies to comply with these requirements and the Contractor is responsible for their failure to do so. Under emergency conditions, this limitation may be waived by the written consent of the City Engineer. If construction occurs outside of the permitted construction hours, the Contractor shall pay the following administrative penalties: First violation $ 500.00 5 Second violation $ 1,000.00 Third & subsequent violations All site development and construction must cease for seven (7) calendar days v. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. w. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi-lot grading project, a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a building permit for the lot. On lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot. [Remainder of page intentionally left blank] 6 CITY OF CHANHASSEN BY: Elise Ryan, Mayor (SEAL) AND: Heather Johnston, Interim City Manager CHAN THREE DEVELOPMENT, INC.: BY: Craig Allen, President STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2020, by Elise Ryan, Mayor, and by Heather Johnston, Interim 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 STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2020, by Craig Allen, President of Chan Three Development, Inc., a Minnesota Corporation, on behalf of the company. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 EXHIBIT "A" TO DEVELOPMENT CONTRACT The Bluffs at Lake Lucy - Grading Extents: MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT , which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 20 . STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20___, by . NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT , fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of , 20 . STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20___, by . NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 IRREVOCABLE LETTER OF CREDIT No. ___________________ Date: _________________ TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. __________, dated ________________, 2______, of (Name of Bank) "; b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2______. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty- five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: ____________________________________ Its ______________________________ CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA THE BLUFFS AT LAKE LUCY DEVELOPMENT CONTRACT (Developer Installed Improvements) i TABLE OF CONTENTS SPECIAL PROVISIONS PAGE 1. REQUEST FOR PLAT APPROVAL ............................................................................ SP-1 2. CONDITIONS OF PLAT APPROVAL ........................................................................ SP-1 3. DEVELOPMENT PLANS ............................................................................................ SP-1 4. IMPROVEMENTS ........................................................................................................ SP-2 5. TIME OF PERFORMANCE ......................................................................................... SP-2 6. SECURITY .................................................................................................................... SP-2 7. NOTICE ......................................................................................................................... SP-3 8. OTHER SPECIAL CONDITIONS................................................................................ SP-3 9. GENERAL CONDITIONS ........................................................................................... SP-5 GENERAL CONDITIONS 1. RIGHT TO PROCEED ................................................................................................. GC-1 2. PHASED DEVELOPMENT ........................................................................................ GC-1 3. PRELIMINARY PLAT STATUS ................................................................................ GC-1 4. CHANGES IN OFFICIAL CONTROLS ..................................................................... GC-1 5. IMPROVEMENTS ....................................................................................................... GC-1 6. IRON MONUMENTS .................................................................................................. GC-2 7. LICENSE ...................................................................................................................... GC-2 8. SITE EROSION AND SEDIMENT CONTROL ......................................................... GC-2 8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER BUILDING ......................................................................................... GC-2 9. CLEAN UP ................................................................................................................... GC-3 10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS .................................... GC-3 11. CLAIMS ....................................................................................................................... GC-3 12. PARK DEDICATION .................................................................................................. GC-3 13. LANDSCAPING .......................................................................................................... GC-3 14. WARRANTY ............................................................................................................... GC-4 15. LOT PLANS ................................................................................................................. GC-4 16. EXISTING ASSESSMENTS ....................................................................................... GC-4 17. HOOK-UP CHARGES ................................................................................................. GC-4 18. PUBLIC STREET LIGHTING..................................................................................... GC-4 19. SIGNAGE ..................................................................................................................... GC-5 20. HOUSE PADS .............................................................................................................. GC-5 21. RESPONSIBILITY FOR COSTS ................................................................................ GC-5 22. DEVELOPER'S DEFAULT ......................................................................................... GC-6 22. MISCELLANEOUS A. Construction Trailers ........................................................................................ GC-6 B. Postal Service .................................................................................................... GC-7 C. Third Parties ...................................................................................................... GC-7 D. Breach of Contract ............................................................................................ GC-7 E. Severability ....................................................................................................... GC-7 ii F. Building Permits ............................................................................................... GC-7 G. Waivers/Amendments ....................................................................................... GC-7 H. Release .............................................................................................................. GC-7 I. Insurance ........................................................................................................... GC-7 J. Remedies ........................................................................................................... GC-8 K. Assignability ..................................................................................................... GC-8 L. Construction Hours ........................................................................................... GC-8 M. Noise Amplification .......................................................................................... GC-8 N. Access ............................................................................................................... GC-8 O. Street Maintenance............................................................................................ GC-8 P. Storm Sewer Maintenance ................................................................................ GC-9 Q. Soil Treatment Systems .................................................................................... GC-9 R. Variances........................................................................................................... GC-9 S. Compliance with Laws, Ordinances, and Regulations ..................................... GC-9 T. Proof of Title ..................................................................................................... GC-9 U. Soil Conditions................................................................................................ GC-10 V. Soil Correction ................................................................................................ GC-10 W. Haul Routes ......................................................................................................... GC-10 X. Development Signs .............................................................................................. GC-10 Y. Construction Plans ............................................................................................... GC-10 Z. As-Built Lot Surveys ........................................................................................... GC-11 SP-1 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) THE BLUFFS AT LAKE LUCY SPECIAL PROVISIONS AGREEMENT dated October 12, 2020 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, CHAN THREE DEVELOPMENT, INC., a Minnesota Corporation (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for The Bluffs at Lake Lucy (referred to in this Contract as the "plat"). The land is legally described on the attached Exhibit "A". 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 30 days after the City Council approves the plat. 3. Development Plans. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A: Final plat approved September 14, 2020, prepared by Sathre-Berquist, Inc. Plan B: Grading, Drainage and Erosion Control Plan dated July 29, 2020, prepared by Sathre- Berquist, Inc. Plan C: Plans and Specifications for Improvements dated July 24, 2020, prepared by Sathre- Berquist, Inc. Plan D: Landscape Plan dated August 11, 2020, prepared by Norby and Associates. SP-2 4. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Water Drainage System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading/Restoration H. Underground Utilities (e.g. gas, electric, telephone, CATV) I. Setting of Lot and Block Monuments J. Surveying and Staking K. Landscaping L. Erosion Control 5. Time of Performance. The Developer shall install all required improvements except for the wear course on public streets by November 15, 2020. The Developer may, however, request an extension of time from the City Engineer. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 6. Security. To guarantee compliance with the terms of this Contract, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ("security") for $1,688,128.41. The amount of the security was calculated as 110% of the following: Sanitary Sewer $ 178,367.50 Watermain $ 148,225.00 Storm Sewer, Drainage System, including cleaning and maintenance $ 414,014.50 Streets $ 667,385.00 Sub-total, Construction Costs $ 1,407,992.00 Engineering, surveying, and inspection (7% of construction costs) $ 98,559.44 Landscaping (2% of construction costs) $ 28,159.84 Sub-total, Other Costs $ 126,719.28 TOTAL COST OF PUBLIC IMPROVEMENTS $ 1,534,711.28 SECURITY AMOUNT (110% of 1,534,711.28) $1,688,128.41 This breakdown is for historical reference; it is not a restriction on the use of the security. The security shall be subject to the approval of the City. The City may draw down the security, without notice, for any violation of the terms of this Contract. If the required public improvements are not completed at SP-3 least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced from time to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 10% of the original amount until (1) all improvements have been completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4) the required “record” plans have been received by the City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City. 7. Notice. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Craig Allen Chan Three Development, Inc. 10850 Old County Road 15, Suite 200 Plymouth, MN 55441 Phone: 952-270-4473 E-mail: craig@gonyeacompany.com Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 8. Other Special Conditions. A. FEES 1. Prior to release of the plat for recording and prior to scheduling a pre-construction meeting, Developer shall submit to the City $252,273.23 for the following City fees: *Administration fee (based on estimated construction cost of $1,799,522.20, 2.5% for the first $1,000,000 + 1.5% of the remainder) $ 36,992.83 GIS fee: 31 parcels @ $10/parcel + $25 for the plat $ 335.00 Partial payment of City sewer and water hookup fees: 31 units @ $691/unit (sewer) + $2,392/unit (water) $95,573.00 Street light operating fee: 7 lights @ $300/light $ 2,100.00 Attorney Fee for Review and Recording of Plat and DC $ 450.00 Surface Water Management Fee $116,822.40 Total $252,273.23 *Administration fee includes the estimated construction cost of site grading/erosion control/restoration in its calculation. The Security for this work was obtained through The Bluffs at Lake Lucy Development Contract for Grading Purposes dated October 12, 2020. SP-4 B. CONDITIONS OF APPROVAL Conveyance of Outlots At the time of recording the final plat, the following outlots must be conveyed to the City free and clear of any encumbrances: Outlot A 12.67 acres Parkland, trail, wetland & stormwater pond Outlot B 2.17 acres Wetland & stormwater pond Park and Recreation 1. All trails and sidewalks shall be constructed as shown on the street plan or as modified by construction plan redlines. 2. All trails shall meet all City standards for trail construction. Planning 1. All property within the plat must be included in The Park PUD (“PUD”). 2. All lots and homes must be developed consistent with the standards in the Compliance Table. 3. Documents establishing a homeowners association for the plat must be submitted by the Developer with application for final plat approval and recorded with the final plat against the property within the final plat, except for Outlots A and B. The HOA documents are subject to review and approval of the City Attorney. Engineering 1. Any requirements set by the MCES to work within the MCES’s sewer and utility easement shall be addressed by the Developer. 2. An executed agreement between the developer and the MCES allowing work within the MCES’s easement shall be provided to the City prior to the issuance of grading permits. 3. Developer shall continue to coordinate with Carver County (“County”) and the City regarding future improvements to Galpin Boulevard. The Developer shall address all conditions associated with the County’s review. Also see Condition 7. 4. The Developer shall abandon all existing wells and septic fields in accordance with all federal, state, and local regulatory agency standards, and obtain all necessary permits for said abandonments. Prior to commencement of abandonment activities, a copy of all required permits from the appropriate regulatory agencies shall be provided to the City. 5. Grading within bluff setbacks is subject to review and approval by the City prior to grading. SP-5 6. The Developer shall submit revised grading plans and stormwater plans so that no stormwater runoff flows directly onto the public trail. 7. Final grading plans, including pond locations, sizing and analysis, along with right-of- way dedications off Galpin Boulevard, shall conform to the future Galpin Boulevard reconstruction project. Cross reference of grading plans, profiles, and respective cross sections are to be provided at key locations such as intersections, ponds, or other special features required by the County and City for review prior to acceptance and recording of the final plat. 8. All retaining walls exceeding four (4) feet in height shall have plans and details prepared by a registered engineer or landscape architect prior to issuance of building permits. 9. All newly constructed streets and the extension of any existing streets shall be public streets, owned and maintained by the City, after acceptance of the public improvements by the City Council. 10. All newly constructed public streets shall be designed to meet the current standard specifications and detail plate for residential streets (Detail Plate #5200), unless otherwise directed by the City Engineer. 11. The Developer shall abandon the existing access, construct a new access and provide an access easement for parcel 25.0100400 onto “Della Drive”. 12. A water service lateral shall be stubbed off the of “Della Drive” water main for the future connection to parcel 25.0100400. 13. A geotechnical engineering shall be on-site during grading operations. If groundwater is encountered during grading, grades shall be adjusted to maintain a three foot separation from the bottom floor elevation and adhering to the recommendations of the soil engineer on site. Changes to grades shall be submitted to the City for review and approval. 14. All curb ramps shall be constructed to meet ADA standards and the City’s Detail Plates #5215-5215D. 15. A detail of the proposed street lights shall be provided prior to the issuance of building permits. 16. Street lights within the development shall be owned and maintained by the electric utility company, be installed at all intersections and at the end of each cul-de-sac subject to review and approval by the City prior to issuance of building permits. 17. All newly constructed water mains shall be public water mains, owned and maintained by the City, after acceptance of the public improvements by the City Council. 18. Water mains located on Della Drive shall be tied into the high-pressure zone located on Galpin Boulevard. Water main extensions on Topaz Drive and Lucy Ridge Lane shall be tied into the existing water main stubs (low-pressure zone). 19. The water main located on Della Drive shall be tied into the existing stub off Ruby Lane and a gate valve near the connection point shall be installed. The gate valve shall be closed to separate the pressure zones. SP-6 20. The Developer shall field verify the location of all water main taps to the existing public mains off Galpin Boulevard prior to commencement of any utility construction and update the plans accordingly. 21. The Developer’s contractor shall schedule a preconstruction meeting with Engineering and Public Works Utilities departments prior to the commencement of any work to the water main installation and tapping from Galpin Boulevard. 22. Updated plans indicating the location of all underground utilities on the east and west side of Galpin Boulevard, along with plans and profiles of any utility crossings on the east and west side of Galpin Boulevard, shall be submitted for review and approval prior to the commencement of any utility construction. 23. Water mains shall be constructed at a minimum of 7.5 feet below grade, or insulated, and constructed in conformance with the City’s standard specifications and detail plates. 24. Cluster valves located around water main tees shall be installed at a minimum of five feet from the tees to the valves, where feasible. All valve locations and any other water main appurtenances shall be reviewed and approved by the Engineering and Public Works departments prior to the commencement of any utility construction. 25. All comments and conditions regarding fire appurtenances, spacing, and location set forth by the Fire department shall be addressed by the Developer. 26. All newly constructed sewer mains shall be public sewer mains, owned and maintained by the City, after acceptance of the public improvements by the City Council. 27. All conditions set forth by the MCES for the direct connection and installation of an access manhole to their trunk line shall be addressed by the Developer, and all permits required for the connection and installation of the manhole shall be obtained prior to the commencement of construction. 28. The Developer shall ensure the City’s sanitary sewer nomenclature is incorporated in the construction plans. 29. PVC sanitary sewer pipes that will be constructed at a burial depth of 0-16 feet shall be constructed of pipe class SDR 35, burial depths of 16-26 feet shall be of pipe class SDR 26, and burial depths of greater than 26 feet shall be of pipe class C900. 30. Inverts that have a 20-inch or greater differential shall be supplied inside drops per City standards and be constructed per the City’s Detail Plate No. 2104. 31. No roadway connection shall be made to Topaz Drive. 31. Untreated or stormwater from lots not captured and routed to treatment facilities, particularly in backlots, require a conveyance system to be installed to route stormwater to treatment basins. 32. No sump structures shall be installed in backyard pickups. 33. Access routes to storm basins shall have a slope no greater than 3:1. 34. Driveways shall be setback in accordance section 20-1122 of City Ordinances. SP-7 35. All driveways shall be located outside side lot drainage and utility easements. 36. A $300 fee per light shall be collected with the development contract for electricity costs for the first year of operation. 37. The contractor shall contact the City inspector for inspection of all insulated pipe crossings. 38. For all storm sewer plans: any HDPE pipe shall be called-out as “N-12” in accordance with City standard specifications. 39. All plans, specifications, project manuals, and submittals shall be in conformance with the most recent version of City Standard Specifications and Detail Plates (http://www.ci.chanhassen.mn.us/436/Standard-Specifications-Detail-Plates). 40. As the property is within the Lake Ann Sewer District, a sewer interceptor charge and a sub-trunk charge will be due at the time of building permit issuance for each lot. For 2020, the Lake Ann Interceptor Fee and Lake Ann Subtrunk Fee are $1,970.00 and $2,068.00, respectively. 41. All retaining walls within the development shall be owned and maintained by a Homeowners Association. 42. All sidewalks not abutting platted Lots (e.g. on Della Drive abutting Outlot B) within the development shall be owned and maintained by a Homeowners Association. 43. Any retaining wall located within a public drainage and utility easement shall enter into an encroachment agreement with the City. 44. The “Specifications for The Bluffs at Lucy Lake” prepared by Sathre-Berquist, Inc. provide Special Provisions that are not in accordance with the City’s Standard Specifications or Detail Plates. These Special Provisions shall be updated to either amend any modification that would conflict with the City’s Standard Specification and Detail Plates or be removed entirely. If the Developer and their Engineer elect to modify the Special Provisions, the City will provide redlines to assist with their modifications, however in accordance with Engineering Condition 39, all plans, specifications, project manuals, and submittals shall be in conformance with the most recent version of City Standard Specifications and Detail Plates (http://www.ci.chanhassen.mn.us/436/Standard-Specifications-Detail-Plates) and their conformance is ultimately the responsibility of the Developer. 45. On sheet 4 of 4 on the Final Plat: Block 3 Lot 4’s ten (10) foot drainage and utility easement located in the middle of the lot shall be twenty (20) feet wide to accommodate maintenance activities for the designed drainage on the lot; the right-of-way shall be extended at the end of “Topaz Drive”, between Block 3 Lots 5 and 6 to reflect the approval of the Preliminary Plat for “The Park”; Block 3 Lot 8’s southerly drainage and utility easement is SP-8 illustrated at ten (10) feet wide which is oversized, it is possible to lessen this width to five (5) feet. 46. On sheet 1 of 23: In the zoning index, cul-de-sacs are called out to have a 45’ radius, this shall be updated to 48’ per Detail Plate #5205; the “City Project No.” is 2020-12, update accordingly. 47. On sheet 2 of 23: It is recommended that detail plates remain on the sheets specified as “Detail Sheets” (sheets 17-23) and not be incorporate on random sheets throughout the plan set for clarity which will also allow for larger plan views on the corresponding sheets; the remnant driveway entrance north of “Della Drive” shall not be removed in association with the development, the City will assess its removal upon commencement of the Galpin Boulevard improvement project; throughout the Street and Storm Plans it was found that draintile does not extend on both sides and the full extents of the streets, the plans shall be updated to ensure draintile is installed on both sides of the street per Detail Plate #5200 and extend the full length of the proposed streets; street lights shall be located more closely to hydrants at the end of cul- de-sacs (where applicable) in order to allow for better snow storage practices; in addition to changing the castings at the end of Ruby Lane, a note shall be added to coordinate with the City to assess if additional repairs are required to the catch basins; Street Note #2 shall be updated to clarify sidewalks are 6” thick and curb ramps shall be constructed in accordance with Detail Plate 5215-5215D; it is recommended that Street Note #4 be updated to eliminate the use of plastic rings as the City prefers concrete rings; add to Street Notes the requirement that all work outside platted areas are to be coordinated with the City and Residence, which includes R&D of Ruby Lane and Laky Lucy Ridge, prior to construction activities commencing; add to Street Notes that all signs associated with the development are to be furnished and installed by the contractor in coordination with City review, and that signs within County right-of-way will require coordination with the County; ensure that all trail intersections have a 20’ radius as required by Detail Plate #5216; add to Street Notes that cluster mailboxes shall be installed at the throat of cul-de-sacs, this is required to facilitate better snow storage practices at cul-de-sacs. 48. On sheet 3 of 23: Horizontal scales shall be provided on all profiles within the plan set; while driveway grades are provided, the general location and layout of proposed driveways and building pads are not illustrated, the plans shall be updated to illustrate proposed driveway and building pad locations for review and approval by the City; the newly proposed sidewalk along “Della Drive” shall terminate at the north side of the cul-de-sac throat; an exhibit illustrating the proposed driveway location and grades to parcel 25.0100400 shall be submitted for review and approval prior to the commencement of grading, the location of the driveway entrance, in accordance with Carver County’s review memo, shall be no closer than 100’ to Galpin Boulevard and grades along the proposed driveway shall meet City Standards, lastly the water service must align with the newly proposed driveway location. 49. On sheet 4 of 23: The dimensions of the cul-de-sac bubble at the end of Topaz Drive shall be illustrated; the R&D note for the area of Lucy Ridge Lane calling out “Restore Yards: irrigation and sod” shall also include all privately owned underground improvements (e.g. invisible dog fences); plans to be updated to illustrate clearly that the sidewalk along Lucy Ridge SP-9 Lane shall connect between the newly proposed alignments to the existing “R&D” areas; the newly proposed sidewalk along Lucy Ridge Lane shall be extended to and terminate at the east side of the cul-de-sac throat; the sidewalk along Topaz Drive shall be removed; the plan and profile stationing for Topaz Drive shall begin from the end of the cul-de-sac (reverse stationing); there appears to be an erroneous call out near Topaz Drive profile (“CL-CL Lucy Ridge Lane Sta: 06+48.90”), update accordingly; the extension of public trail dead-ends with no turnaround provided, a turnaround shall be shown on the plans for review and approval. 50. On sheet 5 of 23: As no sanitary mains are proposed to be C900 note 1 is unclear, clarification is required; note 2 shall be updated as sewer services shall be 6” SDR 26 solvent, non-gasketed weld joints; note 4 shall be eliminated as no DIP will be allowed or is proposed in the sanitary sewer system, only PVC C900 when required (e.g. at the inside drop connection); note 11 shall be updated to state that all services shall extend to the property line (per Detail Plates #1005 and 2001) unless otherwise noted as services may extend past the property line where sidewalk is located; note 13 shall be updated to correctly call out the City’s standards as “Standard Specifications and Detail Plates”; note 13 shall be updated to state that the exception is for sanitary and water services past the property line or curb stop which is in-line with City Ordinances, for clarity; note 17 shall be updated to state all watermain shall be PVC C900 DR 18; note 19 must be updated to provide the contractor the City’s Utility Department phone number 952-227-1300; a note must be added that RieberLok gaskets on all C900 PVC shall be used in accordance with City Standards. 51. On sheet 6 of 23: The plan view shall be adjusted or an inset provided illustrating the water main connection required of the proposed water main between Lots 3 and 4 and the existing water main off Ruby Lane; the water main shall be located on the southern side of Della Drive to facilitate separation from CBMH 19’s sump structure, limit the depth of any possible water main lowering, and ensure that the water main does not go lower than the sanitary sewer main’s grade; a detail shall be provided specific to MH 1 which should account for the compaction/fill around and up to the 8” PVC C900 connection for the inside drop; show all utility crossings, including water main, in all profile views including the inset for the inside drop MH connection; all existing utilities need to be identified in the profile views, especially under, east and west of Galpin Boulevard to ensure no conflicts are present; due to the complexity of notes and existing utilities near around Galpin Boulevard where the proposed water main will tie-in to the existing water main, a separate inset shall be provided; the call-out for connect to existing shall be updated to “connect to” and not “wet tap” and include reference to the high pressure zone; casing is required for the extents of water main proposed under Galpin Boulevard; a gate valve shall be installed on the east side of the tee located near 8+60; certain areas of sanitary sewer are called out at less than 0.5% grade, it is highly recommended that grades be adjusted to maintain a minimum of 0.5% for constructability as any sanitary sewer mains below the minimum allowable grade will be required o be removed and re-installed; where grades are greater than 16’ sanitary sewer main shall be PVC SDR 26, i.e. at locations east of MH 2 or north of MH 8; clarify the nomenclature “HBOE”; update line work for proposed storm sewer in profile to follow the color style consistently (appears grey when it must be green). SP-10 52. On sheet 7 of 23: There is a yellow line identified in the plan view for Topaz Drive, clarify accordingly; it is unclear where hydrant assemblies transition from 8” water main to 6” in plan view, clarify accordingly; gate valves shall be installed north and west of the tee located at the intersection of Topaz Drive and Lucy Ridge Lane; update call-out in profile view of Topaz Drive for the removal of plug and add removal of hydrant as well, for clarity; maintain ten foot separation between Block 4 Lot 7’s sanitary and water services and MH 9; update call-out in profile view of Lucy Ridge Lane where existing stub is located to “8” PVC SDR 26”, per as- builts. 53. On sheet 8 of 23: Add note that trash guards are only to be installed on inlets or FES 24” or greater; castings on catch basins at low points shall be “VB”, update accordingly. 54. On sheet 9 of 23: It is unclear what the low opening elevation is from the grading detail to the plans due to the use of double parentheses, e.g. when evaluating if lowest opening is 1 foot above emergency overflow on Block 3 Lot 4 the EOF elevation is 1013.0 adjacent to the lot while the call-out of ((1013.8)) appears to indicate the “adjacent grade to low opening” per grading plan, which is out of compliance, update plans accordingly and/or clarify; catch basin 7 needs to be relocated to a minimum of 10 feet away from the curb ramp; catch basin 12 and 13 shall be relocated to achieve a 90 degree connection; there is a portion of new impervious area on Lucy Ridge Lane that will not be captured by the proposed storm system, verify that the new impervious area will not inundate the existing storm sewer system north of Lucy Ridge Lane; Block 4 Lot 7’s backyard drainage sheet flows over the trail, no private drainage shall flow over the public trail system and needs to be accounted for in the storm plan (grading, back-yard storm conveyance, etc.); relocate CBMH 2 to the east in order to eliminate the double crossing of the public trail; relocate CBMH 10 to be centered on the property line (typ. of all backyard CBMHs); show all utility crossings on profiles (typ); add sufficient depth between CBMH 4 and CBMH 2 to decrease velocities below 12 fps, all RCP laid at slopes greater than 5% grade shall be tied; clearly illustrate where B6 curbing locations are for review and approval; add note that all FES shall have a witness post installed, the City will furnish witness posts; the outlet structure detail for Pond #2 shall be updated and drawn to reflect proper elevations (i.e. the outlet pipe is above the inlet pipe as drawn); add note to ensure outlet structures meet Detail Plate #3109A. 55. On sheet 10 of 23: Update profile to ensure inverts connecting to in structures match crown elevations (HGL), typ; the RCP pipe between CBMH 20 and CMBH 19 shall be CL. 5. 56. On sheet 12 of 23: Profile from approximately 1+50 to 0+00 shows inadequate cover over 27” RCP pipe, adjust accordingly. 57. On sheet 13 of 23: The indentation and spacing of all notes shall be updated for clarity; note 2 discusses removal of sand/silt in ponds, a decompaction note must accompany this requirement as infiltration is a proposed surface water management technique; note 5 must reference the street detail and/or must be accompanied by a cross-section; note 6 shall be updated to allow for a minimum of 0.5% slope on driveways per Ordinance; notes referencing MnDOT seed numbers appear to be obsolete and shall be reviewed and updated accordingly; note 13 shall be updated from “the retaining walls” to “all retaining walls”; notes or the plan shall be updated SP-11 to incorporate locations of bench marks, stockpiles, haul routes, staging areas, and dewatering plan, and typical lot benching detail; add note that all walls over 6’ in height require fencing or other barrier; adjust all retaining walls to be located wholy on private property and not City owned Outlots and/or wetland buffers. 58. On sheet 14 of 23: swales between lots shall be graded to ensure drainage is routed along property lines and within drainage and utility easements, e.g. between Lots 3 and 4 of Block 2 drainage would be routed more or less onto Lot 4, adjust for all lots accordingly. 59. On sheet 16 of 23: The provided erosion control plan does not fully meet the requirements of Sec. 19-145 of City Ordinances, and shall be updated accordingly, furthermore no SWPPP has been provided meeting the requirements of NPDES General Construction Permit and shall be provided prior to the issuance of the Right to Proceed. 60. On sheet 17 of 23: Details appear illegible or difficult to read as printed on full size plan sheets, the detail pages shall be updated to a maximum of 8 per page, or to achieve legible details, for clarity. Stormwater Conditions & Wetlands 1. An NPDES permit and accompanying Stormwater Pollution Prevention Plan (SWPPP) will be required prior to the start of grading. 2. Developer shall enter into an operations and maintenance plan for the proposed stormwater management system with Riley Purgatory Bluff Creek Watershed District prior to the City issuing a right to proceed. 3. All comments and conditions set forth by the Riley Purgatory Bluff Creek Watershed District shall be addressed by the Developer. 4. Stormwater runoff shall not be discharged into wetlands without water quality pretreatment as prescribed by City Code. 5. Wetland Buffers. Wetland buffers and buffer monumentation will be required adjacent to the wetlands on site. Wetland buffer widths and locations where signage will be placed on a plan sheet must be identified in accordance with the City’s guidance document. The WMO provides signs and sign posts for the cost of materials. Alternative signs (by the City or Developer) are also acceptable provided they contain similar information. Wetland buffers and buffer setbacks pursuant to section 20-411 and consistent with the preliminary plat must be memorialized with a recorded wetland buffer agreement filed with the County recorder’s office. 6. It appears the Developer is showing contours within the filtration areas under the final surface elevation of the filtration areas. It is recommended the Developer callout the final surface elevation within the filtration areas and that the Developer add in cross sections (across the pond and filtration basins) to clarify the critical elevations within the basins. SP-12 7. Developer shall confirm drainage from the hill west of the proposed home on Lot 1 along Della Drive is not being directed to the home, and shall adjust grading accordingly. 8. Inlet protections are to be added to catch basins 6, 10, 11 and the catch basin to the west of the Topaz Drive cul-de-sac. 9. The Developer is using a constant 0.4 coefficient value for the rational method storm sewer calculations. Previous additions within the development used varying coefficients determined by the impervious/pervious percentages of each catch basin drainage area. The Developer shall either modify the storm sewer sizing calculations to use varying coefficients determined by the impervious/pervious percentages similar to how the previous storm sewer was sized or provide calculations demonstrating the use of a consistent 0.4 coefficient is valid. 10. The Developer shall update all storm sewer so the maximum pipe velocity is 12 fps. 11. The Stormwater Management Plan shall be updated to address the needs of additional volume for the future Galpin Boulevard Improvement Project outlined in Kimley-Horn’s memorandum dated May 29, 2018. 12. Developer is showing at catch basins 4, 18, and 19 the spread at the inlet will extend over 10 feet into the street. The Developer shall add additional catch basins at these points to reduce the spread into the roadway. 13. In the overall plans for the Park development dated 5/20/19 the proposed outlet for Wetland 2 was a 24” pipe but in the The Bluffs at Lake Lucy plans the outlet is an 18” pipe. It is noted that the existing outlet for Wetland 2 is an 18” CMP pipe. However, the HydroCAD modeling suggests the proposed 18” wetland outlet will cause an increase in the 100-year HWL within Wetland 2 when compared to overall development proposed conditions model and when compared to existing conditions (see table below). Developer shall confirm a larger outlet pipe is not needed and/or that the increase in the wetland HWL will not have any negative impacts on Galpin Avenue or any adjacent structures. Develoepr shall provide a larger outlet pipe if necessary. 14. In the Pond 1 OCS detail the outlet pipe is shown as an 18” but is being modeled as a 27” in the proposed HydroCAD model (assumed to be Device #1). Developer shall update the plan and/or HydroCAD model to be consistent with one another. 15. The HydroCAD model uses an exfiltration rate of 0.35 in/hr within Pond 1 but the stormwater narrative and the P8 model both have an infiltration rate of 0.8 in/hr. Developer shall confirm the appropriate infiltration rate and update all references to be consistent. SP-13 16. The following updates to the P8 model need to be addressed: a. It is unclear why for both ponds a 12” orifice outlet is being used for the normal outlet directed to either the adjacent filtration or infiltration bench. Developer should change the normal outlet to a weir outlet based on the berm separating the pond and the infiltration/filtration bench or should provide reasoning behind using a 12” orifice. b. The flood pool elevations/volumes for Pond 1 and 2 should be calculated at 979 and 968 respectively based on the EOF elevations noted on the plans. c. The infiltration outlet for the Pond 2 filtration bench should be routed to the downstream waterbody instead of out of the system for accuracy. Similarly, in the P8 model where Pond 1 is being modeled as a filtration bench, the infiltration outlet should be routed to the downstream waterbody. d. Developer should clarify what the wetland boundary infiltration device is that is being modeled in the proposed condition P8 models and confirm it should not also be included in the existing conditions P8 model for accuracy. e. The bottom surface area for Pond 2 should be updated to 0.008 ac (or 0.01 if needed) to be representative of the plans Landscaping and Tree Preservation 1. The Developer shall conduct a walk-through of the grading limits on site prior to removals with City staff to inspect for opportunities for additional tree preservation. 2. Tree preservation fencing shall be installed around existing trees to be saved prior to any construction activities and remain installed until completion. 3. All trees shall be planted outside of the street right-of-way. 4. No tree Genus shall comprise of more than 20% of the total number of trees and no tree species shall comprise of more than 10% of the total number of trees. The Developer shall add 2 selections of trees to reduce maple quantities to meet ordinance requirements. 5. Developer shall provide tree preservation easements to be recorded with the final plat over Lots 1 and 2, Block 1 and Lots 1, 4 and 5, Block 3 as follows: easterly 300’ of Lot 1, Block 1, the westerly 200’ of Lot 2, Block 1, the northerly 100’ of Lots 4 and 5, Block 3 and the westerly 40’ of Lot 1, Block 3. 6. Park property boundary signs shall be installed at property corners on Lots 1-6, Block 4 and Lots 1-11, Block 2. 7. Landscaping shall be installed consistent with the approved landscape plan. SP-14 9. General Conditions. The general conditions of this Contract are attached as Exhibit "B" and incorporated herein. SP-15 CITY OF CHANHASSEN BY: Elise Ryan, Mayor (SEAL) AND: Heather Johnston, Interim City Manager STATE OF MINNESOTA) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 20__, by Elise Ryan, Mayor, and by Heather Johnston, Interim 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 SP-16 Chan Three Development, Inc.: BY: Craig Allen, President STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20__, by Craig Allen, President of Chan Three Development, Inc., a Minnesota Corporation, on behalf of the company. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: Tract C, Registered Land Survey No. 89, files of Registrar of Titles, Carver County, Minnesota. AND That part of Tract B, Registered Land Survey No. 89, according to the recorded plat thereof, Carver County, Minnesota, lying northerly of the following described line: Commencing at the North Quarter corner Section 10, Township 116, Range 23, said Carver County; thence on an assumed bearing of South 00 degrees 45 minutes 14 seconds East, along the North-South Quarter line of said Section 10, a distance of 515.00 feet to the point of beginning of the line to be described; thence South 87 degrees 48 minutes 41 seconds East, along a line parallel with the North line of the Northeast Quarter of said Section 10, a distance of 1661 feet plus or minus to the east line of said Tract B and the shoreline of Lake Lucy and there terminating. Torrens Property Torrens Certificate No. 40268.0 That part of the Northeast Quarter of the Northwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at the North Quarter corner of said Section 10; thence South along the North-South Quarter line of said Section 10 a distance of 409.69 feet; thence West along a line parallel with the South line of the North Half of said Northeast Quarter of the Northwest Quarter a distance of 435.76 feet to the centerline of the Excelsior-Shakopee Road; thence Northeasterly along said centerline a distance of 419.39 feet to the North line of said Section 10; thence East along the North line of said Section 10 to the point of beginning, all according to the U.S. Government Survey thereof. Torrens Property Torrens Certificate No. 27048.0 MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT , which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 20 . STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20___, by . NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT , fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of , 20 . STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20___, by . NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 IRREVOCABLE LETTER OF CREDIT No. ___________________ Date: _________________ TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. __________, dated ________________, 2______, of (Name of Bank) "; b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2______. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty- five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: ____________________________________ Its ______________________________ GC-1 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "B" GENERAL CONDITIONS 1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorder's Office or Registrar of Title’s Office of the County where the plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 3. Preliminary Plat Status. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 4. Changes in Official Controls. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 5. Improvements. The improvements specified in the Special Provisions of this Contract shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits from the Metropolitan Council Environmental Services and other pertinent agencies before proceeding GC-2 with construction. The City will, at the Developer's expense, have one or more construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector to respond to questions from the City Inspector(s) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer's design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. 6. Iron Monuments. Before the security for the completion of utilities is released, all monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 8. Site Erosion and Sediment Control. Before the site is rough graded, and before any utility construction is commenced or building permits are issued, the erosion and sediment control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion and sediment control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion and sediment control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion and sediment transport. If the Developer does not comply with the erosion and sediment control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and sediment transport at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion and sediment control requirements. Erosion and sediment control needs to be maintained until vegetative cover has been restored, even if construction has been completed and accepted. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion and sediment control, the City will authorize the removal of the erosion and sediment control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the erosion and sediment control measures. 8a. Erosion Control During Construction of a Dwelling or Other Building. Before a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City Code § 7-22. GC-3 9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 10. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City of the work and construction required by this Contract, the improvements lying within public easements shall become City property. After completion of the improvements, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the public improvements shall be by City Council resolution. 11. Claims. In the event that the City receives claims from laborers, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted with the City, and if the claims are not resolved at least ninety (90) days before the security required by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees. 12. Park Dedication. The Developer shall pay full park dedication fees in conjunction with the installation of the plat improvements. The park dedication fees shall be the current amount in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council resolutions. 13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless otherwise approved by the City, trees not listed in the City’s approved tree list are prohibited. The minimum tree size shall be two and one-half (2½) inches caliper, either bare root in season, or balled and burlapped. The trees may not be planted in the boulevard (area between curb and property line). In addition to any sod required as a part of the erosion and sediment control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of six (6) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City. These conditions must then be complied with within two (2) months after the certificate of occupancy issued, except that if the certificate of occupancy is issued between October 1 through May 1 these conditions must be complied with by the following July 1st. Upon expiration of the time period, inspections will be conducted by City staff to verify satisfactory completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the GC-4 escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not satisfied, the City may use the security to satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant to City Code Section 7-22 or to satisfy any other requirements of this Contract or of City ordinances. These requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. 14. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2) years from the date of final written acceptance. C. The required warranty period for sod, trees, and landscaping is one full growing season following acceptance by the City. 15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent with development plans and City Ordinance. 16. Existing Assessments. Any existing assessments against the plat will be re-spread against the plat in accordance with City standards. 17. Hook-up Charges. . At the time of final plat approval the Developer shall pay 30% of the City Sewer Hook-up charge and 30% of the City Water hook up charge for each lot in the plat in the amount specified in Special Provision, Paragraph 8, of this Development Contract. The balance of the hook-up charges is collected at the time building permits are issued are based on 70% of the rates then in effect, unless a written request is made to assess the costs over a four year term at the rates in effect at time of application. 18. Public Street Lighting. The Developer shall have installed and pay for public street lights in accordance with City standards. The public street lights shall be accepted for City ownership and maintenance at the same time that the public street is accepted for ownership and maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in GC-5 the plat. The fee shall be used by the City for furnishing electricity and maintaining each public street light for twenty (20) months. 19. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be furnished and installed by the City at the sole expense of the Developer. 20. House Pads. The Developer shall promptly furnish the City "as-built" plans indicating the amount, type and limits of fill on any house pad location. 21. Responsibility for Costs. A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents, preparation of the Development Contract, monitoring construction progress, processing pay requests, processing security reductions, and final acceptance of improvements. This fee does not cover the City's cost for construction inspections. The fee shall be calculated as follows: i) if the cost of the construction of public improvements is less than $500,000, three percent (3%) of construction costs; ii) if the cost of the construction of public improvements is between $500,000 and $1,000,000, three percent (3%) of construction costs for the first $500,000 and two percent (2%) of construction costs over $500,000; iii) if the cost of the construction of public improvements is over $1,000,000, two and one-half percent (2½%) of construction costs for the first $1,000,000 and one and one-half percent (1½%) of construction costs over $1,000,000. Before the City signs the final plat, the Developer shall deposit with the City a fee based upon construction estimates. After construction is completed, the final fee shall be determined based upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special Provisions. B. In addition to the administrative fee, the Developer shall reimburse the City for all costs incurred by the City for providing construction and erosion and sediment control inspections. This cost will be periodically billed directly to the Developer based on the actual progress of the construction. Payment shall be due in accordance with Article 21E of this Agreement. C. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. GC-6 D. In addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as, but not limited to, sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. G. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall development improvements. These services shall be provided in accordance with each of the respective franchise agreements held with the City. H. The developer shall pay the City a fee established by City Council resolution, to reimburse the City for the cost of updating the City’s base maps, GIS data base files, and converting the plat and record drawings into an electronic format. Record drawings must be submitted within four months of final acceptance of public utilities. All digital information submitted to the City shall be in the Carver County Coordinate system. 22. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 23. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre-construction meeting for installation of public improvements. Trailers shall be removed from the subject property within thirty (30) days following the acceptance of the public improvements unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Contract. The City is not a guarantor of the Developer’s obligations under this Contract. The City GC-7 shall have no responsibility or liability to lot purchasers or others for the City’s failure to enforce this Contract or for allowing deviations from it. D. Breach of Contract. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. The City may also issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Building Permits. Building permits will not be issued in the plat until sanitary sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface and the site graded and revegetated in accordance with Plan B of the development plans. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Release. This Contract shall run with the land and may be recorded against the title to the property . After the Developer has completed the work required of it under this Contract, at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the issuance of such a certificate, individual lot owners may make as written request for a certificate applicable to an individual lot allowing a minimum of ten (10) days for processing. I. Insurance. Developer shall take out and maintain until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. J. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time GC-8 to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. Assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Construction Hours. Construction hours, including pick-up and deliveries of material and equipment and the operation of any internal combustion engine, may only occur from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors, agents and supplies to comply with these requirements and the Contractor is responsible for their failure to do so. Under emergency conditions, this limitation may be waived by the written consent of the City Engineer. If construction occurs outside of the permitted construction hours, the Contractor shall pay the following administrative penalties: First violation $ 500.00 Second violation $ 1,000.00 Third & subsequent violations All site development and construction must cease for seven (7) calendar days M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and similar devices is prohibited in conjunction with the construction of homes, buildings, and the improvements required under this contract. The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. N. Access. All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. O. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the request. The City shall not be responsible for reshaping or damage to the street base or utilities because of snow plowing operations. The provision of City snow plowing service does not constitute final acceptance of the streets by the City. P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) within the plat and the adjacent off-site storm sewer system that receives storm water from the plat. The Developer shall follow all instructions it receives from the City concerning the cleaning and GC-9 maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end two (2) years after the public street and storm drainage improvements in the plat have been accepted by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special provisions of this contract, will be held by the City for the duration of the 2-year maintenance period. Q. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the platting process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. R. Variances. By approving the plat, the Developer represents that all lots in the plat are buildable without the need for variances from the City's ordinances. S. Compliance with Laws, Ordinances, and Regulations. In the development of the plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District(s); 5. Metropolitan Government, its agencies, departments and commissions. T. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. U. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. V. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi-lot grading project, a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a building permit for the lot. On lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot. GC-10 W. Haul Routes. The Developer, the Developer’s contractors or subcontractors must submit proposed haul routes for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. All haul routes must be approved by the City Engineer X. Development Signs. The Developer shall post a six foot by eight foot development sign in accordance with City Detail Plate No. 5313 at each entrance to the project. The sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the final lift of asphalt on streets. The signs shall contain the following information: project name, name of developer, developer’s telephone number and designated contact person, allowed construction hours. Y. Construction Plans. Upon final plat approval, the developer shall provide the City with two complete sets of full-size construction plans and four sets of 11”x17” reduced construction plan sets and three sets of specifications. Within four months after the completion of the utility improvements and base course pavement and before the security is released, the Developer shall supply the City with the following: (1) a complete set of reproducible Mylar as-built plans, (2) two complete full-size sets of blue line/paper as-built plans, (3) two complete sets of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as-built plans in both .dxf & .tif format (the .dxf file must be tied to the current County coordinate system), (8) digital file of utility tie sheets in either .doc or .tif format, and (9) a breakdown of lineal footage of all utilities installed, including the per lineal foot bid price. The Developer is required to submit the final plat in electronic format. Z. As-Built Lot Surveys. An as-built lot survey will be required on all lots prior to the Certificate of Occupancy being issued. The as-built lot survey must be prepared, signed, and dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before the as-built survey is completed. If the weather conditions at the time of the as-built are not conducive to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may be issued and the as-built escrow withheld until all work is complete. Rev. 3/31/06 CITY COUNCIL STAFF REPORT Monday, October 12, 2020 Subject Pervious Paver Operations & Maintenance Agreement with 2061 Pinehurst Drive Section CONSENT AGENDA Item No: D.8. Prepared By Matt Unmacht, Water Resources Coordinator File No:  PROPOSED MOTION “The City Council authorizes execution of an Operations and Maintenance Agreement with the Subject Property Owner at 2061 Pinehurst Drive for the purposes of perpetual obligation by the Subject Property Owner to maintain a pervious paver system on the property.” Approval requires a Simple Majority Vote of members present. BACKGROUND The subject property owner is proposing a pervious paver system as an extension to their existing driveway to allow for additional impervious surface on the property over the amount allowed by City Code. Pervious pavers differ from typical paved surfaces and other paver systems in that they allow for stormwater to pass through the oversized paver joints into a granular soil medium system underneath rather than as direct runoff. The stormwater that filters through the granular media either infiltrates into the ground below the entire system or is collected into a drain tile and outlets away from the system, depending on underlying soil type. Properly designed, installed, and maintained pervious paver systems have the capacity to allow for stormwater detention and/or infiltration. When not properly designed, installed, and/or maintained, these systems could fail to facilitate the required detention and/or infiltration of stormwater as designed. As such, it is important to ensure that an operations and maintenance agreement is in place with the subject property owner. Said agreement shall require the paver design and installation to conform to manufacturer guidelines and stipulate the frequency and type of maintenance to be performed. DISCUSSION In accordance with the City Code, Sec. 20­921(4)a, the owner of a pervious paver system must enter into an operation and maintenance (O&M) agreement with the City to ensure the system performs as designed in perpetuity. The attached O&M was developed by City Staff and Attorney as part of this specific pervious paver permit. The subject property owners at 2061 Pinehurst Drive have agreed to the attached agreement. RECOMMENDATION Staff recommends approving the execution of the O&M agreement with the Subject Property Owner. CITY COUNCIL STAFF REPORTMonday, October 12, 2020SubjectPervious Paver Operations & Maintenance Agreement with 2061 Pinehurst DriveSectionCONSENT AGENDA Item No: D.8.Prepared By Matt Unmacht, Water ResourcesCoordinator File No: PROPOSED MOTION“The City Council authorizes execution of an Operations and Maintenance Agreement with the Subject PropertyOwner at 2061 Pinehurst Drive for the purposes of perpetual obligation by the Subject Property Owner to maintaina pervious paver system on the property.”Approval requires a Simple Majority Vote of members present.BACKGROUNDThe subject property owner is proposing a pervious paver system as an extension to their existing driveway to allowfor additional impervious surface on the property over the amount allowed by City Code. Pervious pavers differ fromtypical paved surfaces and other paver systems in that they allow for stormwater to pass through the oversized paverjoints into a granular soil medium system underneath rather than as direct runoff. The stormwater that filters through thegranular media either infiltrates into the ground below the entire system or is collected into a drain tile and outlets awayfrom the system, depending on underlying soil type.Properly designed, installed, and maintained pervious paver systems have the capacity to allow for stormwaterdetention and/or infiltration. When not properly designed, installed, and/or maintained, these systems could fail tofacilitate the required detention and/or infiltration of stormwater as designed. As such, it is important to ensure that anoperations and maintenance agreement is in place with the subject property owner. Said agreement shall require thepaver design and installation to conform to manufacturer guidelines and stipulate the frequency and type ofmaintenance to be performed.DISCUSSIONIn accordance with the City Code, Sec. 20­921(4)a, the owner of a pervious paver system must enter into anoperation and maintenance (O&M) agreement with the City to ensure the system performs as designed in perpetuity.The attached O&M was developed by City Staff and Attorney as part of this specific pervious paver permit. Thesubject property owners at 2061 Pinehurst Drive have agreed to the attached agreement.RECOMMENDATION Staff recommends approving the execution of the O&M agreement with the Subject Property Owner. ATTACHMENTS: O&M Agreement CITY COUNCIL STAFF REPORT Monday, October 12, 2020 Subject 2020 Building Permit Activity September Year To Date Section CORRESPONDENCE DISCUSSION Item No: K.1. Prepared By Bob Generous, Senior Planner File No:  ATTACHMENTS: September YTD Building Permit Activity 2020 Building Permit Activity September YTI)City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 952-227-1100 Residential Single-Family 27 8 9 44 Residential Townhomes 0 0 0 0 Apartments/Senior Facilities 0 0 0 0 Total Residential 27 8 9 44 New 0 0 0 0 Redeveloped 0 0 0 0 Remodeled 9 24 24 57 Total Commercial 9 24 24 57 Single-Family Lots 156 l5l 140 Residential Townhome Lots 24 24 24 Total Available Lots 180 t7s 164 Single-Family 48 55 49 24 46 44 Townhomes 0 t2 56 12 24 0 Apartments/S enior Facilities 76 0 0 0 0 Commercial 109 67 58 35 65 57 Total Number of All Permits 233 134 43r 7l 135 1 0 1 \\cfs5\cfs5\shared_data\admin\forms\building permit activity 2020 ytd.doc Residential Building Permits 1't Quarter 2nd Quarter 3'd Quarter YTD 4th Quarter Total YTD Commercial Building Permits 1't Quarter 2nd Quarter 3"d Quarter YTD 4th Quarter Total YTD Available Lot Inventory (end of Ouarter)l't Quarter 2nd Quarter 3'd Quarter YTD 4th Quarter Total Permit History 2016 2017 2018 Jan-Sept 2019 2019 2420 268 BUILDING PERI\4IT DATA 2020 10t2t2020 Itm JULY AI]GTIST SEPTEMBER OCTOBER NOVEMBER DECEMBER TOTAL NO,Pmits Valuation Pemits Bldcs.Units Valuation Pmib Bldqs-tlnits Valuation Pmib Valuation mits Bldss.Unils Valuation Pmib llldqs.Units Valuation Pcmi6 Bldss.tlnirs Valualion frtion I R6idential SF DETACHED r0t I I I $26S.000 4 .l 4 $t.492.000 4 4 4 $1.29r,000 44 44 44 $r 7.-141.000 SF ATTACHED r02 0 0 $0 2-FAMILY I03 0 0 $0 3.4 FAMILY 104 0 0 s0 5 OR MORE FAMILY 105 0 0 $0 Subtotal 109 I I I $265.000 4 4 4 $r,492,000 4 4 4 $1.29 t.000 $0 $0 $o 44 44 $r 7.-343.000 rction 2 Rqidqtjal. Non HOTEI-S/MOTELS 2t1 0 0 0 $0 )THER 2t4 0 0 0 $0 Subtotal $0 $0 $0 $0 $0 $0 0 s0 S@tion -l Nonr6idential _t l8 0 0 0 $0 'hurch6 319 I I 0 $32.000 lndusrial 320 0 0 0 $0 Parkins 0 0 0 $0 Swi@ Statior/Repair 122 0 0 0 $0 HosDihl/lnstitutional -r2l 0 (_)0 $0 c6/Banksi Prof6sional 124 0 (l 0 $0 Public Works 325 0 0 0 $0 Schools -t26 0 0 0 $0 Stor6 321 0 0 0 $0 Othq 128 2 0 s52-000 Smfrr6 othq thd bldq.7 $3.500 7 7 s67.500 IJ t4 s196.500 13 21 $r,228,s00 Subtobl 7 $3,500 7 1 $67.500 l4 t4 $196,500 $0 $0 $0 76 24 0 $r .-r 2,500 S@tion 4 Additions R6idmtial 414 lt5 lt5 $2,828,250 t57 r57 $2,747.800 449 449 $7.707.200 I 152 I t52 0 $20,079,450 431 5 5 $13 t.000 5 5 $124.500 t4 t4 $t-t20.000 5,t 54 0 $8.132.s00 Garas$).2 0 sl 90.000 subtohl t20 t20 $3. l 59.250 162 t62 $2.872.300 46-l 463 $8.82?,200 $0 $0 $o t.208 r.208 0 $28.40r.950 idion 5 Dmolition SF Atlached 645 2 2 2 -1 4 {$0 2 Familv 0 0 $0 l{ hmily 647 0 0 0 $0 648 0 0 0 $0 Othtr 649 2 2 I I 4 3 0 $0 Subtohl 4 4 2 $0 $o I I s0 $0 $0 $0 7 1 4 $0 TOTAI,S t32 t2s .l st.427.'.750 | 7-l l1 1 $1,41r,800 482 482 4 $10.3r4.700 $0 $0 $0 r335 | 283 48 $47.057.450 Avqcevaluation OVERALL AVERAGT iF DETACIIED $265,000 $173.000 $322,7s0 #Drv/01 #Dtv/0!#Dlv/o1 $194,r 59 #Dtv/0! #Dtv/0! #Dlv/01 #Dlv/0!#DM0! #Dtv/o! #Dlv/o!#DM0l #DM0! #DMo! .}.4 FAMILY #D[vo! #Drv/o! #Dtv/0!#DM0l #D[vo! #DMo! #Dlv/0!#Dtv/o!#Dlv/01 Avtrage $265.000 $373.000 $.122,7s0 #DM0!#Dlvi 0l #Dtv/0!$394.r59 \\cfss\cfs5\Shared_Data\PLAN\C ENSUS\RPT 2020 I I I I I I I qF ATTACHFD dDMor #DIV'0t #DM0!flDtv/0r #DM0r #DIVi O' CITY COUNCIL STAFF REPORT Monday, October 12, 2020 Subject Review of Claims Paid 10­12­2020 Section CORRESPONDENCE DISCUSSION Item No: K.2. Prepared By Greg Sticha, Finance Director File No:  SUMMARY The following claims are submitted for review on October 12, 2020: Check Numbers Amounts 174103 – 174172 $1,803,148.51 ACH Payments $221,530.13 Total All Claims $2,024,678.64 ATTACHMENTS: Check Summary Check Summary ACH Check Detail Check Detail ACH Accounts Payable User: Printed: dwashburn 10/2/2020 1:14 PM Checks by Date - Summary by Check Number Check No Check DateVendor NameVendor No Void Checks Check Amount ACHEA AC & HEATING BY GEORGE 09/24/2020 0.00 225.00174103 AleJos Joseph Edward Alexander 09/24/2020 0.00 275.00174104 ARAMAR ARAMARK Refreshment Services, LLC 09/24/2020 0.00 438.40174105 BCATRA BCA 09/24/2020 0.00 45.00174106 BERCOF BERRY COFFEE COMPANY 09/24/2020 0.00 79.88174107 BerRob Robert Bertelsen 09/24/2020 0.00 175.00174108 BORSTA BORDER STATES ELECTRIC SUPPLY 09/24/2020 0.00 260.40174109 CARVCO Carver Construction Inc 09/24/2020 0.00 250.00174110 CenLin CenturyLink 09/24/2020 0.00 59.80174111 CerPai CertaPro Painters - SW Metro 09/24/2020 0.00 3,770.83174112 VerLok Coyote Corporation 09/24/2020 VOID 314.05 0.00174113 CUMNOR CUMMINS NPOWER 09/24/2020 0.00 182.88174114 DRIBUI DRIFTWOOD BUILDERS INC 09/24/2020 0.00 250.00174115 edndis Edney Distributing Co., Inc 09/24/2020 0.00 468.56174116 FAINUR FAIR'S NURSERY & LANDSCAPING 09/24/2020 0.00 5,105.00174117 ferwat Ferguson Waterworks #2518 09/24/2020 0.00 1,547.45174118 FLOTOT FLOYD TOTAL SECURITY 09/24/2020 0.00 878.20174119 GESPAU GESTACH & PAULSON CONSTRUCTION09/24/2020 0.00 750.00174120 GOPERM Go Permits LLC 09/24/2020 0.00 64.65174121 HartCom Hartman Companies 09/24/2020 0.00 14,040.00174122 ISCCom ISC Companies Inc 09/24/2020 0.00 187.64174123 SIMGRI Johnson Controls Fire Protection LP 09/24/2020 0.00 1,692.97174124 JorNic Nick Jorgenson 09/24/2020 0.00 179.40174125 KluSal Sally Kluetz 09/24/2020 0.00 175.00174126 KotAdLi Adam & Lindsey Kotecki 09/24/2020 0.00 250.00174127 LamSon Lametti & Sons Inc 09/24/2020 0.00 259,354.28174128 LANEQ1 Lano Equipment 09/24/2020 0.00 4,851.62174129 LeoDal Leo A Daly 09/24/2020 0.00 33,390.83174130 MARCTOM Tom Marcsisak 09/24/2020 0.00 816.00174131 ARCPLU Karsten Nelson 09/24/2020 0.00 180.00174132 NewLee Lee Newcomb 09/24/2020 0.00 175.00174133 NguDiep Diep Nguyen 09/24/2020 0.00 250.00174134 NOBWIN NOBLE WINDOWS INC 09/24/2020 0.00 1,231.00174135 NOVSOL NOVEL SOLAR THREE, LLC 09/24/2020 0.00 12,103.79174136 PitBow Pitney Bowes Inc.09/24/2020 0.00 921.48174137 RHouDes R House Design Build LLC 09/24/2020 0.00 500.00174138 SHEWIL SHERWIN WILLIAMS 09/24/2020 0.00 57.10174139 SOULOC SOUTHWEST LOCK & KEY 09/24/2020 0.00 107.50174140 TayEle Taylor Electric Company, LLC 09/24/2020 0.00 1,430.00174141 TWIHAR TWIN CITY HARDWARE 09/24/2020 0.00 41.74174142 UtiLog Utility Logic LLC 09/24/2020 0.00 45.00174143 WINGRICH RICHARD WING 09/24/2020 0.00 100.00174144 POST POSTMASTER 09/30/2020 0.00 640.78174145 ARAMAR ARAMARK Refreshment Services, LLC 10/01/2020 0.00 144.00174146 BCATRA BCA 10/01/2020 0.00 15.00174147 BENKDEBR DEBRA and Michael BENKOVICH 10/01/2020 0.00 500.00174148 EmbMinn CENTURYLINK 10/01/2020 0.00 713.13174149 Page 1AP Checks by Date - Summary by Check Number (10/2/2020 1:14 PM) Check No Check DateVendor NameVendor No Void Checks Check Amount DPCIND DPC Industries, Inc 10/01/2020 0.00 3,484.80174150 DRIBUI DRIFTWOOD BUILDERS INC 10/01/2020 0.00 250.00174151 DupCons Dupont Construction 10/01/2020 0.00 250.00174152 FerEnt Ferguson Enterprises, Inc. #1657 10/01/2020 0.00 106.37174153 ferwat Ferguson Waterworks #2518 10/01/2020 0.00 5,957.31174154 GLARID Glacial Ridge, Inc.10/01/2020 0.00 128,902.45174155 GRERIV Great River Greening 10/01/2020 0.00 11,420.28174156 HoxHom Hoxie Homes & Remodeling LLC 10/01/2020 0.00 2,500.00174157 K2Ele K2 Electrical Services Inc 10/01/2020 0.00 4,887.00174158 KavCom Kavanagh Company LLC 10/01/2020 0.00 250.00174159 KENGRA KENNEDY & GRAVEN, CHARTERED 10/01/2020 0.00 3,670.00174160 KimSall Sally Kim 10/01/2020 0.00 40.00174161 LANSALAN ALAN LANGSETH 10/01/2020 0.00 408.00174162 LegaRe Legacy Restoration LLC 10/01/2020 0.00 197.30174163 MNTRAN MN DEPT OF TRANSPORTATION 10/01/2020 0.00 1,292.19174164 MolMai Molly Maid of Chanhassen 10/01/2020 VOID 4,200.00 0.00174165 NagCom Nagel Companies LLC 10/01/2020 0.00 4,500.00174166 PULTGROU Pulte Group Pulte Homes of MN LLC 10/01/2020 0.00 2,500.00174167 SCONEL SCOTT NELSON COACHING INC 10/01/2020 0.00 375.00174168 SMHEN SM HENTGES & SONS 10/01/2020 0.00 1,282,938.50174169 TalRon Ron Talbot 10/01/2020 0.00 125.00174170 ThomJohn John Thom 10/01/2020 0.00 175.00174171 WSDPER WS & D PERMIT SERVICE 10/01/2020 VOID 94.44 0.00174172 Report Total (70 checks): 1,803,148.51 4,608.49 Page 2AP Checks by Date - Summary by Check Number (10/2/2020 1:14 PM) Accounts Payable Checks by Date - Summary by Check User:dwashburn Printed: 10/2/2020 1:14 PM Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH Z-1passw 1Password 08/18/2020 0.00 35.88 ACH Z-AMAZON Amazon 08/18/2020 0.00 9,399.93 ACH Z-AMELEG American Legion 08/18/2020 0.00 20.00 ACH z-apadan Apadana 08/18/2020 0.00 397.50 ACH Z-Apple Apple.com 08/18/2020 0.00 34.18 ACH Z-ArcVal ARC Value Village 08/18/2020 0.00 35.29 ACH Z-Assnmn Association of MN Emergency Managers 08/18/2020 0.00 100.00 ACH Z-BesBuy Best Buy 08/18/2020 0.00 1,935.44 ACH Z-CABFEV Cabin Fever Sporting Goods 08/18/2020 0.00 321.33 ACH Z-CEMSTO Cemstone 08/18/2020 0.00 798.87 ACH Z-Chimex Chipotle Mexican Grill 08/18/2020 0.00 20.35 ACH Z-COMSIG ComplianceSigns.com 08/18/2020 0.00 (122.41) ACH Z-CubFoo Cub Foods 08/18/2020 0.00 116.28 ACH Z-DANNER Danner 08/18/2020 0.00 292.50 ACH Z-EDDBAU Eddie Bauer 08/18/2020 0.00 107.50 ACH Z-eurpro Eureka Property Services 08/18/2020 0.00 9,584.95 ACH Z-expexc Experts Exchange 08/18/2020 0.00 199.95 ACH z-flefar Fleet Farm 08/18/2020 0.00 19.32 ACH Z-GFPro G&F Products, Inc 08/18/2020 0.00 95.88 ACH Z-GFOA Government Finance Officers Association 08/18/2020 0.00 530.00 ACH Z-Grain Grainger 08/18/2020 0.00 1,002.63 ACH Z-HACCOM Hach Company 08/18/2020 0.00 1,266.17 ACH Z-HomDep Home Depot 08/18/2020 0.00 430.44 ACH Z-HooSui Hootsuite Inc 08/18/2020 0.00 348.00 ACH Z-HOULIH Houlihan's 08/18/2020 0.00 74.00 ACH Z-HydPow Hydra Power Hydraulics Inc 08/18/2020 0.00 1,577.89 ACH Z-IAAI Internation Assoc of Arson Investigators 08/18/2020 0.00 100.00 ACH Z-intcod International Code Council 08/18/2020 0.00 218.00 ACH Z-KOHLS Kohls 08/18/2020 0.00 125.70 ACH Z-KWITRI Kwik Trip 08/18/2020 0.00 43.26 ACH Z-LMSupp L&M Supply 08/18/2020 0.00 92.69 ACH Z-lunbye Lunds & Byerly's 08/18/2020 0.00 76.81 ACH Z-mcdona McDonald's 08/18/2020 0.00 130.46 ACH Z-MCMCAR McMaster-Carr 08/18/2020 0.00 699.83 ACH Z-MENARD Menards 08/18/2020 0.00 1,167.90 ACH Z-METFIN Metal Finishing Supply Co Inc 08/18/2020 0.00 211.98 ACH Z-MNBOA MN Board of AELSLAGID 08/18/2020 0.00 122.50 ACH Z-MNBFTE MN Board of Firefighter Training & Education 08/18/2020 0.00 3,075.00 ACH Z-MyBind MyBinding.com 08/18/2020 0.00 237.30 ACH Z-Newegg Newegg.com 08/18/2020 0.00 262.27 ACH Z-nortoo Northern Tool+Equipment 08/18/2020 0.00 618.46 ACH Z-offmax Office Max/Office Depot 08/18/2020 0.00 399.64 ACH Z-PanBre Panera Bread 08/18/2020 0.00 131.66 ACH Z-post Postmaster 08/18/2020 0.00 33.60 ACH Z-potbel Potbelly Sandwich Shop 08/18/2020 0.00 95.43 ACH z-PurFis Pure Fishing, Inc 08/18/2020 0.00 119.99 ACH z-PVCPi PVC Pipe Supplies 08/18/2020 0.00 315.09 Page 1 of 3 Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH Z-Relian Reliant Energy 08/18/2020 0.00 255.02 ACH Z-shafil ShareFile 08/18/2020 0.00 565.33 ACH Z-Statri Star Tribune 08/18/2020 0.00 (321.54) ACH z-SteToe Steel Toe Shoes 08/18/2020 0.00 99.99 ACH Z-Target Target 08/18/2020 0.00 227.73 ACH z-tarps Tarps Inc 08/18/2020 0.00 330.87 ACH Z-THEMUS The Mustard Seed 08/18/2020 0.00 82.48 ACH Z-UPSSTO The UPS Store 08/18/2020 0.00 30.98 ACH Z-UOFM U of M Contlearning 08/18/2020 0.00 255.00 ACH Z-undarm Under Armour 08/18/2020 0.00 499.90 ACH Z-USreba US Bank Rebate 08/18/2020 0.00 (2,217.15) ACH Z-Vibtec VIBRANT TECHNOLOGIES 08/18/2020 0.00 780.00 ACH Z-Watert Watertronics, LLC 08/18/2020 0.00 62.04 ACH z-workbo Workboots.com 08/18/2020 0.00 38.98 ACH Z-zoom Zoom 08/18/2020 0.00 42.95 ACH ACTMIN ACTA MINNESOTA-JEFF ENGEL 09/24/2020 0.00 600.00 ACH AdvEng Advanced Engineering & Environmental Services, Inc 09/24/2020 0.00 1,583.50 ACH ALEAIR ALEX AIR APPARATUS INC 09/24/2020 0.00 6,926.60 ACH BOLMEN BOLTON & MENK INC 09/24/2020 0.00 1,406.00 ACH carcou Carver County 09/24/2020 0.00 1,040.00 ACH COLELE Collins Electrical Construction Co 09/24/2020 0.00 1,158.91 ACH COMINT COMPUTER INTEGRATION TECHN. 09/24/2020 0.00 1,250.00 ACH DelDen Delta Dental 09/24/2020 0.00 2,377.70 ACH FASCOM FASTENAL COMPANY 09/24/2020 0.00 66.71 ACH Avesis Fidelity Security Life 09/24/2020 0.00 202.14 ACH GHATec GHA Technologies Inc 09/24/2020 0.00 4,475.35 ACH GSSys GS Systems, Inc. 09/24/2020 0.00 11,538.00 ACH HAWCHE HAWKINS CHEMICAL 09/24/2020 0.00 2,058.68 ACH IMPPOR IMPERIAL PORTA PALACE 09/24/2020 0.00 4,693.80 ACH InnOff Innovative Office Solutions LLC 09/24/2020 0.00 9,440.33 ACH JEFFIR JEFFERSON FIRE SAFETY INC 09/24/2020 0.00 1,930.60 ACH AlHiJuli Juli Al-Hilwani 09/24/2020 0.00 75.00 ACH KATFUE KATH FUEL OIL SERVICE 09/24/2020 0.00 9,409.96 ACH kidplu Kidd Plumbing Inc 09/24/2020 0.00 323.00 ACH KIMHOR KIMLEY HORN AND ASSOCIATES INC 09/24/2020 0.00 40,730.94 ACH METFOR METROPOLITAN FORD 09/24/2020 0.00 213.80 ACH MVEC MN VALLEY ELECTRIC COOP 09/24/2020 0.00 112.55 ACH NAPA NAPA AUTO & TRUCK PARTS 09/24/2020 0.00 86.44 ACH POWCHA POWER SYSTEMS 09/24/2020 0.00 283.00 ACH PRARES PRAIRIE RESTORATIONS INC 09/24/2020 0.00 8,645.00 ACH RBMSER RBM SERVICES INC 09/24/2020 0.00 7,054.47 ACH SPSCOM SPS COMPANIES INC 09/24/2020 0.00 115.73 ACH SRFCON SRF CONSULTING GROUP INC 09/24/2020 0.00 146.68 ACH STRGUA STRATOGUARD LLC 09/24/2020 0.00 176.00 ACH PedTay Taylor Pederson 09/24/2020 0.00 570.00 ACH TCIInc TCIC, Inc. 09/24/2020 0.00 2,426.00 ACH UNIWAY UNITED WAY 09/24/2020 0.00 30.40 ACH WMMUE WM MUELLER & SONS INC 09/24/2020 0.00 1,160.59 ACH WSB WSB & ASSOCIATES INC 09/24/2020 0.00 17,222.35 ACH XCEL XCEL ENERGY INC 09/24/2020 0.00 15,742.15 ACH AFLAC American Family Life Assurance Company of Columbus 10/01/2020 0.00 39.78 ACH BATPLU BATTERIES PLUS 10/01/2020 0.00 73.90 ACH LANZBOB BOB LANZI 10/01/2020 0.00 102.00 ACH BOYTRU Boyer Ford Trucks 10/01/2020 0.00 21.09 ACH ColLif Colonial Life & Accident Insurance Co 10/01/2020 0.00 99.16 ACH CRYINF Crystal Infosystems LLC 10/01/2020 0.00 1,118.67 ACH ELEPUM ELECTRIC PUMP INC 10/01/2020 0.00 550.18 Page 2 of 3 Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH FASCOM FASTENAL COMPANY 10/01/2020 0.00 12.40 ACH InnOff Innovative Office Solutions LLC 10/01/2020 0.00 2,874.36 ACH MausKerr Kerry Maus 10/01/2020 0.00 225.00 ACH MinPum Minnesota Pump Works 10/01/2020 0.00 505.00 ACH MVEC MN VALLEY ELECTRIC COOP 10/01/2020 0.00 163.15 ACH NAPA NAPA AUTO & TRUCK PARTS 10/01/2020 0.00 183.31 ACH SUBCHE SUBURBAN CHEVROLET 10/01/2020 0.00 23.39 ACH TCIInc TCIC, Inc. 10/01/2020 0.00 2,400.00 ACH VESSCO VESSCO INC 10/01/2020 0.00 254.68 ACH WMMUE WM MUELLER & SONS INC 10/01/2020 0.00 1,066.65 ACH WWGRA WW GRAINGER INC 10/01/2020 0.00 131.31 ACH XCEL XCEL ENERGY INC 10/01/2020 0.00 18,781.70 Report Total:221,530.13 Page 3 of 3 Accounts Payable Check Detail-Checks User: dwashburn Printed: 10/02/2020 - 1:30 PM Name Check Dat Account Description Amount AC & HEATING BY GEORGE 09/24/2020 101-1550-4530 Heater Repair 225.00 AC & HEATING BY GEORGE 225.00 Alexander Joseph Edward 09/24/2020 101-1560-4300 Outdoor Drive in concert Entertainment 275.00 Alexander Joseph Edward 275.00 ARAMARK Refreshment Services, LLC 09/24/2020 101-1170-4110 Office Supplies 438.40 ARAMARK Refreshment Services, LLC 10/01/2020 101-1170-4110 Office Supplies 144.00 ARAMARK Refreshment Services, LLC 582.40 BCA 09/24/2020 101-1120-4300 Criminal Background Investigation 45.00 BCA 10/01/2020 101-1120-4300 Criminal Background Investigation 15.00 BCA 60.00 BENKOVICH DEBRA and Michael 10/01/2020 815-8202-2024 Escrow - Permit 2020-02092 - 2356 Fawn Hill Court 500.00 BENKOVICH DEBRA and Michael 500.00 BERRY COFFEE COMPANY 09/24/2020 101-1170-4110 Office Supplies 79.88 BERRY COFFEE COMPANY 79.88 Bertelsen Robert 09/24/2020 101-1560-4300 Concert Musician 175.00 Bertelsen Robert 175.00 BORDER STATES ELECTRIC SUPPLY 09/24/2020 101-1370-4510 Fuses 260.40 BORDER STATES ELECTRIC SUPPLY 260.40 Carver Construction Inc 09/24/2020 815-8202-2024 Permit 2020-01439 - 610 Summerfield Drive 250.00 Carver Construction Inc 250.00 CenturyLink 09/24/2020 700-7043-4310 Monthly Service 59.80 CENTURYLINK 10/01/2020 101-1540-4310 Monthly Service 95.40 CENTURYLINK 10/01/2020 101-1190-4310 Monthly Service 127.20 CENTURYLINK 10/01/2020 700-0000-4310 Monthly Service 15.13 CENTURYLINK 10/01/2020 700-7019-4310 Monthly Service 210.27 CENTURYLINK 10/01/2020 701-0000-4310 Monthly Service 15.13 CENTURYLINK 10/01/2020 101-1160-4320 Monthly Service 250.00 Accounts Payable - Check Detail-Checks (10/02/2020 - 1:30 PM)Page 1 of 6 Name Check Dat Account Description Amount CENTURYLINK 772.93 CertaPro Painters - SW Metro 09/24/2020 101-1550-4300 Painting Services 3,770.83 CertaPro Painters - SW Metro 3,770.83 CUMMINS NPOWER 09/24/2020 101-1220-4120 Parts 111.80 CUMMINS NPOWER 09/24/2020 101-1220-4120 Parts 71.08 CUMMINS NPOWER 182.88 DPC Industries, Inc 10/01/2020 700-7019-4160 Chemicals 3,484.80 DPC Industries, Inc 3,484.80 DRIFTWOOD BUILDERS INC 09/24/2020 815-8202-2024 Permit 2020-01922 - 9434 River Road Drive S 250.00 DRIFTWOOD BUILDERS INC 10/01/2020 815-8202-2024 Permit 2020-01921 - 9311 River Rock Drive N 250.00 DRIFTWOOD BUILDERS INC 500.00 Dupont Construction 10/01/2020 815-8202-2024 Escrow - Permit 2020-01786 - 295 Preserve Court 250.00 Dupont Construction 250.00 Edney Distributing Co., Inc 09/24/2020 101-1550-4120 Parts 468.56 Edney Distributing Co., Inc 468.56 FAIR'S NURSERY & LANDSCAPING 09/24/2020 410-0000-4701 Landscaping Trees 5,105.00 FAIR'S NURSERY & LANDSCAPING 5,105.00 Ferguson Enterprises, Inc. #1657 10/01/2020 700-0000-4550 Parts 106.37 Ferguson Enterprises, Inc. #1657 106.37 Ferguson Waterworks #2518 09/24/2020 701-0000-4551 Supplies 748.35 Ferguson Waterworks #2518 09/24/2020 700-0000-4510 Supplies 30.78 Ferguson Waterworks #2518 09/24/2020 701-0000-4551 Supplies 768.32 Ferguson Waterworks #2518 10/01/2020 700-0000-4250 Meters 5,944.20 Ferguson Waterworks #2518 10/01/2020 700-0000-4550 Parts 13.11 Ferguson Waterworks #2518 7,504.76 FLOYD TOTAL SECURITY 09/24/2020 101-1550-4260 Service Work 878.20 FLOYD TOTAL SECURITY 878.20 GESTACH & PAULSON CONSTRUCTION 09/24/2020 815-8201-2024 Permit 2019-01268 - 2373 Highover Trail 750.00 GESTACH & PAULSON CONSTRUCTION 750.00 Glacial Ridge, Inc.10/01/2020 400-0000-4706 City Center Park Pavers 128,902.45 Glacial Ridge, Inc. 128,902.45 Accounts Payable - Check Detail-Checks (10/02/2020 - 1:30 PM)Page 2 of 6 Name Check Dat Account Description Amount Go Permits LLC 09/24/2020 101-0000-2033 Overpayment 64.65 Go Permits LLC 64.65 Great River Greening 10/01/2020 720-7202-4300 Chan Nature Preserve Oak Project 11,420.28 Great River Greening 11,420.28 Hartman Companies 09/24/2020 400-0000-1155 2020 Preserve Tree Plantings 14,040.00 Hartman Companies 14,040.00 Hoxie Homes & Remodeling LLC 10/01/2020 815-8226-2024 2820 Sandpiper Trail 2,500.00 Hoxie Homes & Remodeling LLC 2,500.00 ISC Companies Inc 09/24/2020 101-1370-4530 parts 31.34 ISC Companies Inc 09/24/2020 101-1370-4530 parts 156.30 ISC Companies Inc 187.64 Johnson Controls Fire Protection LP 09/24/2020 400-4003-4706 Materials and Labor 1,692.97 Johnson Controls Fire Protection LP 1,692.97 Jorgenson Nick 09/24/2020 101-1250-4370 Mileage Reimbursement 179.40 Jorgenson Nick 179.40 K2 Electrical Services Inc 10/01/2020 101-1550-4300 Light Repair 4,887.00 K2 Electrical Services Inc 4,887.00 Kavanagh Company LLC 10/01/2020 815-8202-2024 3739 Hickory Road - Permit 2020-00828 250.00 Kavanagh Company LLC 250.00 KENNEDY & GRAVEN, CHARTERED 10/01/2020 605-6502-4300 Professional Services 3,670.00 KENNEDY & GRAVEN, CHARTERED 3,670.00 Kim Sally 10/01/2020 101-1731-3636 Withdrawal from Family Fall Colors Canoe 40.00 Kim Sally 40.00 Kluetz Sally 09/24/2020 101-1560-4300 Entertainer 175.00 Kluetz Sally 175.00 Kotecki Adam & Lindsey 09/24/2020 815-8202-2024 Permit 2020-00765 - 1381 Thrush Ct 250.00 Kotecki Adam & Lindsey 250.00 Lametti & Sons Inc 09/24/2020 601-6043-4751 Minnewashta Parkway Rehab 259,354.28 Lametti & Sons Inc 259,354.28 Accounts Payable - Check Detail-Checks (10/02/2020 - 1:30 PM)Page 3 of 6 Name Check Dat Account Description Amount LANGSETH ALAN 10/01/2020 101-1766-4300 Adult Softball Umpire 408.00 LANGSETH ALAN 408.00 Lano Equipment 09/24/2020 400-0000-4705 Bobcat 4,851.62 Lano Equipment 4,851.62 Legacy Restoration LLC 10/01/2020 101-1250-3301 Permit 2020-02985 - Billing Error 192.30 Legacy Restoration LLC 10/01/2020 101-0000-2022 Permit 2020-02985 - Billing Error 5.00 Legacy Restoration LLC 197.30 Leo A Daly 09/24/2020 212-0000-4300 Professional Services 33,390.83 Leo A Daly 33,390.83 Marcsisak Tom 09/24/2020 101-1766-4300 Adult Softball Umpire 816.00 Marcsisak Tom 816.00 MN DEPT OF TRANSPORTATION 10/01/2020 605-6502-4300 Services 1,292.19 MN DEPT OF TRANSPORTATION 1,292.19 Nagel Companies LLC 10/01/2020 700-0000-4510 Service Work 4,500.00 Nagel Companies LLC 4,500.00 Nelson Karsten 09/24/2020 101-1170-4530 Backflow Testing 90.00 Nelson Karsten 09/24/2020 101-1190-4530 Backflow Testing 90.00 Nelson Karsten 180.00 Newcomb Lee 09/24/2020 101-1560-4300 Musician Fee 175.00 Newcomb Lee 175.00 Nguyen Diep 09/24/2020 815-8202-2024 Permit 2020-02317 - 1581 Lake Susan Hills Dr 250.00 Nguyen Diep 250.00 NOBLE WINDOWS INC 09/24/2020 101-1170-4510 Window Replacement 1,231.00 NOBLE WINDOWS INC 1,231.00 NOVEL SOLAR THREE, LLC 09/24/2020 101-1350-4320 Monthly Service 204.43 NOVEL SOLAR THREE, LLC 09/24/2020 700-0000-4320 Monthly Service 7,807.50 NOVEL SOLAR THREE, LLC 09/24/2020 701-0000-4320 Monthly Service 4,091.86 NOVEL SOLAR THREE, LLC 12,103.79 Pitney Bowes Inc.09/24/2020 700-0000-4530 Equipment Rental 307.16 Pitney Bowes Inc.09/24/2020 701-0000-4530 Equipment Rental 307.16 Pitney Bowes Inc.09/24/2020 720-0000-4530 Equipment Rental 307.16 Accounts Payable - Check Detail-Checks (10/02/2020 - 1:30 PM)Page 4 of 6 Name Check Dat Account Description Amount Pitney Bowes Inc. 921.48 POSTMASTER 09/30/2020 700-0000-4330 September Utility Statements 320.39 POSTMASTER 09/30/2020 701-0000-4330 September Utility Statements 320.39 POSTMASTER 640.78 Pulte Group Pulte Homes of MN LLC 10/01/2020 815-8226-2024 742, 744, 746,748, 750,752 Stonegate 2,500.00 Pulte Group Pulte Homes of MN LLC 2,500.00 R House Design Build LLC 09/24/2020 815-8202-2024 Permit 2019-01078 - 8697 Stonefield Lane 500.00 R House Design Build LLC 500.00 SCOTT NELSON COACHING INC 10/01/2020 101-1220-4370 Leadership Team Coaching 375.00 SCOTT NELSON COACHING INC 375.00 SHERWIN WILLIAMS 09/24/2020 700-7019-4150 Supplies 20.78 SHERWIN WILLIAMS 09/24/2020 101-1550-4150 Supplies 36.32 SHERWIN WILLIAMS 57.10 SM HENTGES & SONS 10/01/2020 605-6503-4751 Project: CSAH 101 Improvement 299,092.54 SM HENTGES & SONS 10/01/2020 605-6502-4751 Project: CSAH 101 Improvement 983,845.96 SM HENTGES & SONS 1,282,938.50 SOUTHWEST LOCK & KEY 09/24/2020 700-0000-4150 Maintenance 107.50 SOUTHWEST LOCK & KEY 107.50 Talbot Ron 10/01/2020 101-1541-3634 Park Rental Refund 116.41 Talbot Ron 10/01/2020 101-0000-2021 Park Rental Refund 8.59 Talbot Ron 125.00 Taylor Electric Company, LLC 09/24/2020 101-1320-4560 Service work 1,430.00 Taylor Electric Company, LLC 1,430.00 Thom John 10/01/2020 700-0000-4370 Training - Chad Syverson 175.00 Thom John 175.00 TWIN CITY HARDWARE 09/24/2020 101-1170-4510 Supplies 17.36 TWIN CITY HARDWARE 09/24/2020 101-1170-4510 Supplies 24.38 TWIN CITY HARDWARE 41.74 Utility Logic LLC 09/24/2020 701-0000-4530 Parts 45.00 Utility Logic LLC 45.00 WING RICHARD 09/24/2020 101-1220-4350 Station 2 Cleaning 100.00 Accounts Payable - Check Detail-Checks (10/02/2020 - 1:30 PM)Page 5 of 6 Name Check Dat Account Description Amount WING RICHARD 100.00 1,803,148.51 Accounts Payable - Check Detail-Checks (10/02/2020 - 1:30 PM)Page 6 of 6 Accounts Payable Check Detail-ACH User: dwashburn Printed: 10/02/2020 - 1:31 PM Name Check D Account Description Amount 1Password 08/18/2020 101-1160-4220 1password annual Matt k 35.88 1Password 35.88 ACTA MINNESOTA-JEFF ENGEL 09/24/2020 101-1538-4300 Summer Lessons 600.00 ACTA MINNESOTA-JEFF ENGEL 600.00 Advanced Engineering & Environmental Services, Inc 09/24/2020 701-0000-4300 Professional Services 1,583.50 Advanced Engineering & Environmental Services, Inc 1,583.50 ALEX AIR APPARATUS INC 09/24/2020 400-4127-4705 Equipment 6,926.60 ALEX AIR APPARATUS INC 6,926.60 Al-Hilwani Juli 09/24/2020 101-1539-4300 Pickleball Lessons 75.00 Al-Hilwani Juli 75.00 Amazon 08/18/2020 700-0000-4240 Clothing Allowance 45.99 Amazon 08/18/2020 700-0000-4240 Clothing Allowance 29.99 Amazon 08/18/2020 700-0000-4240 Safety Goggles 26.63 Amazon 08/18/2020 701-0000-4150 Compact Light Holder 16.02 Amazon 08/18/2020 720-0000-4120 Life Jacket 89.99 Amazon 08/18/2020 701-0000-4150 Waterless Cleaning Wipes 99.48 Amazon 08/18/2020 720-0000-4120 Boot 98.96 Amazon 08/18/2020 101-1310-4340 Address Labels 10.99 Amazon 08/18/2020 720-0000-4120 Car Phone Mount 35.97 Amazon 08/18/2020 400-4003-4706 Shower Hooks for new locker rooms 87.30 Amazon 08/18/2020 400-4126-4703 Rack Extenders - Power Cords for Admin Switches 93.10 Amazon 08/18/2020 400-4126-4703 Rack Extenders - Power Cords - Admin Switches 10.88 Amazon 08/18/2020 101-1160-4150 Network Jack Faceplates - Front Desk Walls 35.15 Amazon 08/18/2020 400-4126-4703 Replacment Admin Switches HP 2540 3,081.96 Amazon 08/18/2020 400-4126-4703 Replacement Admin Switcher HP 2540 1,540.99 Amazon 08/18/2020 101-1160-4300 June Hosting Fee - Sewer Televising Files 1.15 Amazon 08/18/2020 400-4126-4703 Fiber Tranceivers 10 Gb Admin Switches 380.00 Amazon 08/18/2020 101-1170-4110 Canon printer admin area toner 133.96 Amazon 08/18/2020 101-1160-4150 1000ft cat6 plenum cable 160.00 Amazon 08/18/2020 400-4126-4703 under desk pc mounts admin area/surge protectors admin area 119.30 Amazon 08/18/2020 400-4126-4703 POE Injector for camera troubleshooting 144.74 Amazon 08/18/2020 212-0000-4703 Fountain conf rm Zoom camera COVID 935.00 Amazon 08/18/2020 101-1160-4260 Cat cable pulling tools 32.87 Amazon 08/18/2020 101-1160-4530 Replacement Cell phone case Adam B 25.99 Amazon 08/18/2020 400-4126-4703 Paper tray building HP printer 283.00 Amazon 08/18/2020 212-0000-4703 micro pc for zoom meetings planning conf rm COVID 665.00 Accounts Payable - Check Detail-ACH (10/02/2020 - 1:31 PM)Page 1 of 12 Name Check D Account Description Amount Amazon 08/18/2020 101-1160-4530 Replacement UPS admin switch area 375.09 Amazon 08/18/2020 212-0000-4703 TV/Apple TV/Cables/webcab planning conf rm COVID 514.47 Amazon 08/18/2020 212-0000-4703 PC mount/ TV wall mount planning conf rm COVID 60.40 Amazon 08/18/2020 101-1170-4110 Office supplies 27.98 Amazon 08/18/2020 101-1170-4110 office supplies 52.59 Amazon 08/18/2020 101-1170-4110 Office supplies 158.37 Amazon 08/18/2020 701-0000-4240 Safety Goggles 26.62 Amazon 9,399.93 American Family Life Assurance Company of Columbus10/01/2020 101-0000-2008 September Insurance 39.78 American Family Life Assurance Company of Columbus 39.78 American Legion 08/18/2020 101-1120-4370 Meeting 20.00 American Legion 20.00 Apadana 08/18/2020 212-0000-4350 Hand Sanitzer, Cotton Mask, Alcohol Wipes 397.50 Apadana 397.50 Apple.com 08/18/2020 700-0000-4310 iCloud storage 0.99 Apple.com 08/18/2020 700-0000-4310 Yearly Plan 32.20 Apple.com 08/18/2020 101-1220-4310 Additional Storage for work related needs 0.99 Apple.com 34.18 ARC Value Village 08/18/2020 101-1565-4130 Memory Caregiver Kits Supplies 35.29 ARC Value Village 35.29 Association of MN Emergency Managers 08/18/2020 101-1220-4360 AMEM Membership 100.00 Association of MN Emergency Managers 100.00 BATTERIES PLUS 10/01/2020 101-1370-4530 Battery 110.85 BATTERIES PLUS 10/01/2020 101-1370-4530 Battery Return -36.95 BATTERIES PLUS 73.90 Best Buy 08/18/2020 212-0000-4703 TV Public Works Conference Room Zoom/Video Conf COVID 1,935.44 Best Buy 1,935.44 BOLTON & MENK INC 09/24/2020 601-6045-4300 Improvements 1,406.00 BOLTON & MENK INC 1,406.00 Boyer Ford Trucks 10/01/2020 101-1320-4140 Parts 21.09 Boyer Ford Trucks 21.09 Cabin Fever Sporting Goods 08/18/2020 701-0000-4330 postage 321.33 Cabin Fever Sporting Goods 321.33 Accounts Payable - Check Detail-ACH (10/02/2020 - 1:31 PM)Page 2 of 12 Name Check D Account Description Amount Carver County 09/24/2020 700-7043-4320 Carver Fiber - WWTP /W-3/LS-24 Oct 500.00 Carver County 09/24/2020 101-1160-4320 CarverLink Internet / Fiber - October 540.00 Carver County 1,040.00 Cemstone 08/18/2020 101-1550-4300 Materials 798.87 Cemstone 798.87 Chipotle Mexican Grill 08/18/2020 101-1220-4290 Nutter/Ulrich Lunch for Fire Investigation 20.35 Chipotle Mexican Grill 20.35 Collins Electrical Construction Co 09/24/2020 101-1370-4510 Professional Services 502.83 Collins Electrical Construction Co 09/24/2020 101-1220-4530 Professional Services 371.78 Collins Electrical Construction Co 09/24/2020 101-1550-4530 Professional Services 284.30 Collins Electrical Construction Co 1,158.91 Colonial Life & Accident Insurance Co 10/01/2020 101-0000-2008 September Insurance 60.72 Colonial Life & Accident Insurance Co 10/01/2020 700-0000-2008 September Insurance 19.22 Colonial Life & Accident Insurance Co 10/01/2020 701-0000-2008 September Insurance 19.22 Colonial Life & Accident Insurance Co 99.16 ComplianceSigns.com 08/18/2020 700-0000-4150 Sign Return -122.41 ComplianceSigns.com -122.41 COMPUTER INTEGRATION TECHN.09/24/2020 101-1160-4220 KACE Applicance Annual Renewal 1,250.00 COMPUTER INTEGRATION TECHN. 1,250.00 Crystal Infosystems LLC 10/01/2020 101-1170-4110 Toner HP 1,118.67 Crystal Infosystems LLC 1,118.67 Cub Foods 08/18/2020 700-7043-4150 Oil 25.77 Cub Foods 08/18/2020 700-7043-4150 Beach 8.99 Cub Foods 08/18/2020 700-7019-4150 Peroxide 11.34 Cub Foods 08/18/2020 101-1613-4130 4th of July Supplies 49.27 Cub Foods 08/18/2020 101-1220-4290 Water for Training 20.91 Cub Foods 116.28 Danner 08/18/2020 700-0000-4240 Brett clothing allowance 234.96 Danner 08/18/2020 701-0000-4240 Brett clothing allowance 57.54 Danner 292.50 Delta Dental 09/24/2020 101-0000-2013 October Dental 1,651.20 Delta Dental 09/24/2020 101-0000-2013 October Dental 30.20 Delta Dental 09/24/2020 700-0000-2013 October Dental 288.00 Delta Dental 09/24/2020 701-0000-2013 October Dental 257.80 Delta Dental 09/24/2020 720-0000-2013 October Dental 150.50 Accounts Payable - Check Detail-ACH (10/02/2020 - 1:31 PM)Page 3 of 12 Name Check D Account Description Amount Delta Dental 2,377.70 Eddie Bauer 08/18/2020 700-0000-4240 Clothing Allowance 37.50 Eddie Bauer 08/18/2020 700-0000-4240 Clothing Allowance 70.00 Eddie Bauer 107.50 ELECTRIC PUMP INC 10/01/2020 701-0000-4120 Supplies 550.18 ELECTRIC PUMP INC 550.18 Eureka Property Services 08/18/2020 601-6038-4751 Landscaping for phase II and easement planting 9,469.95 Eureka Property Services 08/18/2020 601-6032-4751 Replacement shrub in rain garden per Jill S 115.00 Eureka Property Services 9,584.95 Experts Exchange 08/18/2020 101-1160-4300 Experts Exchange Annual Renewal 199.95 Experts Exchange 199.95 FASTENAL COMPANY 09/24/2020 101-1550-4120 Supplies 66.71 FASTENAL COMPANY 10/01/2020 101-1320-4120 Supplies 12.40 FASTENAL COMPANY 79.11 Fidelity Security Life 09/24/2020 101-0000-2007 October Insurance 167.07 Fidelity Security Life 09/24/2020 700-0000-2007 October Insurance 13.49 Fidelity Security Life 09/24/2020 701-0000-2007 October Insurance 13.47 Fidelity Security Life 09/24/2020 720-0000-2007 October Insurance 8.11 Fidelity Security Life 202.14 Fleet Farm 08/18/2020 700-0000-4150 Insect Concentrate 19.32 Fleet Farm 19.32 G&F Products, Inc 08/18/2020 720-7201-4130 work gloves for clean ups 95.88 G&F Products, Inc 95.88 GHA Technologies Inc 09/24/2020 212-0000-4290 Masks 4,475.35 GHA Technologies Inc 4,475.35 Government Finance Officers Association 08/18/2020 101-1130-4301 GFOA CAFR Award Cert 530.00 Government Finance Officers Association 530.00 Grainger 08/18/2020 700-7019-4550 Materials 35.08 Grainger 08/18/2020 700-7019-4150 Materials 280.26 Grainger 08/18/2020 700-7019-4150 Materials 257.58 Grainger 08/18/2020 700-7019-4550 Materials 26.00 Grainger 08/18/2020 701-0000-4530 Materials 148.05 Grainger 08/18/2020 101-1180-4120 Retractable Belt Barriers for Precincts 197.00 Grainger 08/18/2020 101-1250-4120 hard hats 58.66 Accounts Payable - Check Detail-ACH (10/02/2020 - 1:31 PM)Page 4 of 12 Name Check D Account Description Amount Grainger 1,002.63 GS Systems, Inc.09/24/2020 701-0000-4551 2020 July AVEVA License 11,538.00 GS Systems, Inc. 11,538.00 Hach Company 08/18/2020 700-7019-4550 Chemicals 1,266.17 Hach Company 1,266.17 HAWKINS CHEMICAL 09/24/2020 700-7043-4160 Chemicals 2,058.68 HAWKINS CHEMICAL 2,058.68 Home Depot 08/18/2020 101-1550-4150 Quikrete Concrete, Caution Tape 144.04 Home Depot 08/18/2020 101-1550-4150 Towels 30.00 Home Depot 08/18/2020 101-1550-4120 Materials 170.62 Home Depot 08/18/2020 101-1160-4150 Parts for Front Desk Network / Phone Wiring 85.78 Home Depot 430.44 Hootsuite Inc 08/18/2020 101-1120-4360 Hootsuite Social Media Hosting Annual Subscription 348.00 Hootsuite Inc 348.00 Houlihan's 08/18/2020 101-1120-4370 Venue Update 34.00 Houlihan's 08/18/2020 101-1120-4370 Assistant Fire Chief Position discussion 40.00 Houlihan's 74.00 Hydra Power Hydraulics Inc 08/18/2020 101-1320-4120 White Motor Kit return -84.00 Hydra Power Hydraulics Inc 08/18/2020 101-1320-4120 Supplies 934.14 Hydra Power Hydraulics Inc 08/18/2020 101-1320-4120 Supplies 727.75 Hydra Power Hydraulics Inc 1,577.89 IMPERIAL PORTA PALACE 09/24/2020 101-1550-4400 Portable Restrooms 4,693.80 IMPERIAL PORTA PALACE 4,693.80 Innovative Office Solutions LLC 09/24/2020 101-1170-4110 Office Supplies 55.91 Innovative Office Solutions LLC 09/24/2020 101-1170-4110 Office Supplies 87.72 Innovative Office Solutions LLC 09/24/2020 101-1170-4110 Office Supplies - Return -147.50 Innovative Office Solutions LLC 09/24/2020 212-0000-4703 Office Supplies 4,369.77 Innovative Office Solutions LLC 09/24/2020 101-1170-4110 Office Supplies 4.49 Innovative Office Solutions LLC 09/24/2020 400-0000-4703 Office Supplies 4,929.98 Innovative Office Solutions LLC 09/24/2020 101-1170-4110 Office Supplies 139.96 Innovative Office Solutions LLC 10/01/2020 101-1170-4110 Office Supplies 31.48 Innovative Office Solutions LLC 10/01/2020 212-0000-4703 Office Equipment 2,716.70 Innovative Office Solutions LLC 10/01/2020 101-1170-4110 Office Supplies 60.86 Innovative Office Solutions LLC 10/01/2020 101-1170-4110 Office Supplies 65.32 Innovative Office Solutions LLC 12,314.69 Internation Assoc of Arson Investigators 08/18/2020 101-1220-4360 Membership 100.00 Accounts Payable - Check Detail-ACH (10/02/2020 - 1:31 PM)Page 5 of 12 Name Check D Account Description Amount Internation Assoc of Arson Investigators 100.00 International Code Council 08/18/2020 101-1250-4210 downloadable building code 218.00 International Code Council 218.00 JEFFERSON FIRE SAFETY INC 09/24/2020 101-1220-4530 Repair 1,930.60 JEFFERSON FIRE SAFETY INC 1,930.60 KATH FUEL OIL SERVICE 09/24/2020 101-1370-4170 Fuel 225.00 KATH FUEL OIL SERVICE 09/24/2020 101-1370-4170 Fuel 9,184.96 KATH FUEL OIL SERVICE 9,409.96 Kidd Plumbing Inc 09/24/2020 101-1370-4530 Service 323.00 Kidd Plumbing Inc 323.00 KIMLEY HORN AND ASSOCIATES INC 09/24/2020 601-6043-4300 Professional Services 32,825.03 KIMLEY HORN AND ASSOCIATES INC 09/24/2020 601-6046-4300 Professional Services 7,905.91 KIMLEY HORN AND ASSOCIATES INC 40,730.94 Kohls 08/18/2020 701-0000-4240 Clothing Allowance - Chad S 62.85 Kohls 08/18/2020 700-0000-4240 Clothing Allowance - Chad S 62.85 Kohls 125.70 Kwik Trip 08/18/2020 700-0000-4552 Water 28.71 Kwik Trip 08/18/2020 701-0000-4150 Batteries 8.57 Kwik Trip 08/18/2020 700-0000-4550 Water and Ice 5.98 Kwik Trip 43.26 L&M Supply 08/18/2020 212-0000-4130 Disinfectant supplies for adult softball 92.69 L&M Supply 92.69 LANZI BOB 10/01/2020 101-1766-4300 Adult Softball Umpire 102.00 LANZI BOB 102.00 Lunds & Byerly's 08/18/2020 101-1110-4370 Todd G Retirement 76.81 Lunds & Byerly's 76.81 Maus Kerry 10/01/2020 101-1539-4300 Line Dancing 225.00 Maus Kerry 225.00 McDonald's 08/18/2020 101-1220-4290 Rehab Food 130.46 McDonald's 130.46 McMaster-Carr 08/18/2020 700-0000-4550 parts 581.34 Accounts Payable - Check Detail-ACH (10/02/2020 - 1:31 PM)Page 6 of 12 Name Check D Account Description Amount McMaster-Carr 08/18/2020 700-7019-4550 Chemicals 118.49 McMaster-Carr 699.83 Menards 08/18/2020 700-7043-4150 Parts 189.05 Menards 08/18/2020 700-7043-4150 Parts 319.13 Menards 08/18/2020 700-0000-4530 Parts 154.62 Menards 08/18/2020 700-7019-4530 Sump Pump 161.28 Menards 08/18/2020 420-0000-4751 Materials 343.82 Menards 1,167.90 Metal Finishing Supply Co Inc 08/18/2020 700-0000-4120 Equipment Service 211.98 Metal Finishing Supply Co Inc 211.98 METROPOLITAN FORD 09/24/2020 101-1550-4140 Parts 213.80 METROPOLITAN FORD 09/24/2020 701-0000-4140 Parts -56.75 METROPOLITAN FORD 09/24/2020 701-0000-4140 Parts 56.75 METROPOLITAN FORD 213.80 Minnesota Pump Works 10/01/2020 701-0000-4530 Parts 505.00 Minnesota Pump Works 505.00 MN Board of AELSLAGID 08/18/2020 101-1310-4360 Membership 122.50 MN Board of AELSLAGID 122.50 MN Board of Firefighter Training & Education 08/18/2020 101-1220-4300 Firefighter Licensing 150.00 MN Board of Firefighter Training & Education 08/18/2020 101-1220-4300 Firefighter Licensing 1,500.00 MN Board of Firefighter Training & Education 08/18/2020 101-1220-4300 Firefighter Licensing 750.00 MN Board of Firefighter Training & Education 08/18/2020 101-1220-4300 Firefighter Licensing 600.00 MN Board of Firefighter Training & Education 08/18/2020 101-1220-4300 Firefighter Licensing 75.00 MN Board of Firefighter Training & Education 3,075.00 MN VALLEY ELECTRIC COOP 09/24/2020 101-1350-4320 Monthly Service 112.55 MN VALLEY ELECTRIC COOP 10/01/2020 101-1350-4320 Monthly Service 125.38 MN VALLEY ELECTRIC COOP 10/01/2020 101-1350-4320 Monthly Service 37.77 MN VALLEY ELECTRIC COOP 275.70 MyBinding.com 08/18/2020 101-1170-4110 office supplies 237.30 MyBinding.com 237.30 NAPA AUTO & TRUCK PARTS 09/24/2020 101-1550-4140 Parts 43.22 NAPA AUTO & TRUCK PARTS 09/24/2020 101-1550-4140 Parts 43.22 NAPA AUTO & TRUCK PARTS 10/01/2020 101-1220-4140 Supplies 60.99 NAPA AUTO & TRUCK PARTS 10/01/2020 101-1550-4120 Supplies 42.81 NAPA AUTO & TRUCK PARTS 10/01/2020 701-0000-4140 Supplies 79.51 NAPA AUTO & TRUCK PARTS 269.75 Newegg.com 08/18/2020 101-1160-4530 Printer Maintenance Kit Finance Printer 262.27 Accounts Payable - Check Detail-ACH (10/02/2020 - 1:31 PM)Page 7 of 12 Name Check D Account Description Amount Newegg.com 262.27 Northern Tool+Equipment 08/18/2020 701-0000-4260 Small Tools 82.98 Northern Tool+Equipment 08/18/2020 212-0000-4150 Disinfectant fogger for Rec Center & Senior Center 535.48 Northern Tool+Equipment 618.46 Office Max/Office Depot 08/18/2020 101-1310-4120 Office Supplies 59.78 Office Max/Office Depot 08/18/2020 101-1220-4290 Office Supplies 120.25 Office Max/Office Depot 08/18/2020 101-1160-4530 Replacement UPS for Failed UPS - Admin Switches 101.51 Office Max/Office Depot 08/18/2020 101-1160-4530 Granicus Server replacement hard drive 118.10 Office Max/Office Depot 399.64 Panera Bread 08/18/2020 101-1170-4370 City Council dinner 131.66 Panera Bread 131.66 Pederson Taylor 09/24/2020 101-1538-4300 Summer Lessons 570.00 Pederson Taylor 570.00 Postmaster 08/18/2020 101-1170-4110 Shipping of package (engineering) 24.90 Postmaster 08/18/2020 101-1170-4110 Oversized package to mail 8.70 Postmaster 33.60 Potbelly Sandwich Shop 08/18/2020 101-1110-4370 City Council Meal 95.43 Potbelly Sandwich Shop 95.43 POWER SYSTEMS 09/24/2020 701-0000-4120 Parts 283.00 POWER SYSTEMS 283.00 PRAIRIE RESTORATIONS INC 09/24/2020 720-7202-4300 Pheasant Hills Knotweed Control 125.00 PRAIRIE RESTORATIONS INC 09/24/2020 720-7202-4300 Yosemite Ave Locus Control 200.00 PRAIRIE RESTORATIONS INC 09/24/2020 720-7202-4300 Bluff Creek Preserve 8,320.00 PRAIRIE RESTORATIONS INC 8,645.00 Pure Fishing, Inc 08/18/2020 720-0000-4120 Cleat Bootfoot 119.99 Pure Fishing, Inc 119.99 PVC Pipe Supplies 08/18/2020 700-7019-4550 PVC Pipe 315.09 PVC Pipe Supplies 315.09 RBM SERVICES INC 09/24/2020 101-1190-4350 Library Cleaning 3,471.10 RBM SERVICES INC 09/24/2020 101-1170-4350 Nightly Cleaning Service 3,583.37 RBM SERVICES INC 7,054.47 Reliant Energy 08/18/2020 101-1170-4110 Fraud Transaction 255.02 Accounts Payable - Check Detail-ACH (10/02/2020 - 1:31 PM)Page 8 of 12 Name Check D Account Description Amount Reliant Energy 255.02 ShareFile 08/18/2020 101-1160-4300 Sharefile Service Q3 Billing 565.33 ShareFile 565.33 SPS COMPANIES INC 09/24/2020 101-1370-4530 Parts 115.73 SPS COMPANIES INC 115.73 SRF CONSULTING GROUP INC 09/24/2020 815-8221-2024 Professional Services 146.68 SRF CONSULTING GROUP INC 146.68 Star Tribune 08/18/2020 101-1530-4360 Refund for canceled newspaper service -321.54 Star Tribune -321.54 Steel Toe Shoes 08/18/2020 700-0000-4240 Boots 99.99 Steel Toe Shoes 99.99 STRATOGUARD LLC 09/24/2020 101-1160-4300 Proofpoint Email Filtering Service - October 176.00 STRATOGUARD LLC 176.00 SUBURBAN CHEVROLET 10/01/2020 101-1260-4140 Vehicle Supplies 16.59 SUBURBAN CHEVROLET 10/01/2020 101-1260-4140 Vehicle Supplies 23.39 SUBURBAN CHEVROLET 10/01/2020 101-1250-4140 Vehicle Supplies Return -16.59 SUBURBAN CHEVROLET 23.39 Target 08/18/2020 400-4003-4706 Supplies for new locker rooms 103.58 Target 08/18/2020 400-4003-4706 Return supplies for locker room -63.35 Target 08/18/2020 400-4003-4706 Supplies for Locker Rooms 60.13 Target 08/18/2020 400-4003-4706 Return supplies for locker room -60.13 Target 08/18/2020 212-0000-4120 2 SMALL TABLES FOR SANITIZING STATIONS SR CTR 42.93 Target 08/18/2020 101-1613-4130 4th of July Celebration supplies 73.11 Target 08/18/2020 101-1613-4130 4th of July Celebration supplies 71.46 Target 227.73 Tarps Inc 08/18/2020 101-1550-4120 Tarps Repair 330.87 Tarps Inc 330.87 TCIC, Inc.09/24/2020 701-0000-4530 Parts 2,426.00 TCIC, Inc.10/01/2020 700-0000-4530 Equipment 2,400.00 TCIC, Inc. 4,826.00 The Mustard Seed 08/18/2020 101-1550-4150 Materials 82.48 The Mustard Seed 82.48 The UPS Store 08/18/2020 701-0000-4330 Returned VFD 30.98 Accounts Payable - Check Detail-ACH (10/02/2020 - 1:31 PM)Page 9 of 12 Name Check D Account Description Amount The UPS Store 30.98 U of M Contlearning 08/18/2020 101-1250-4370 class for septic certification 255.00 U of M Contlearning 255.00 Under Armour 08/18/2020 101-1220-4240 Tactical Polos 499.90 Under Armour 499.90 UNITED WAY 09/24/2020 101-0000-2006 PR Batch 00425.09.2020 United Way 30.40 UNITED WAY 30.40 US Bank Rebate 08/18/2020 101-1130-3903 Rebate -1,194.14 US Bank Rebate 08/18/2020 101-1130-3903 Rebate -1,023.01 US Bank Rebate -2,217.15 VESSCO INC 10/01/2020 700-7019-4530 Parts 254.68 VESSCO INC 254.68 VIBRANT TECHNOLOGIES 08/18/2020 400-4126-4703 Fiber Tranceivers for Admin Aruba Switches 780.00 VIBRANT TECHNOLOGIES 780.00 Watertronics, LLC 08/18/2020 700-0000-4530 Parts 62.04 Watertronics, LLC 62.04 WM MUELLER & SONS INC 09/24/2020 700-0000-4550 Materials 168.00 WM MUELLER & SONS INC 09/24/2020 101-1320-4150 Materials 264.00 WM MUELLER & SONS INC 09/24/2020 420-0000-4751 Materials 551.98 WM MUELLER & SONS INC 09/24/2020 420-0000-4751 Materials 176.61 WM MUELLER & SONS INC 10/01/2020 700-0000-4550 Materials 50.78 WM MUELLER & SONS INC 10/01/2020 700-0000-4550 Materials 232.00 WM MUELLER & SONS INC 10/01/2020 420-0000-4751 Materials 214.02 WM MUELLER & SONS INC 10/01/2020 420-0000-4751 Materials 306.24 WM MUELLER & SONS INC 10/01/2020 420-0000-4751 Materials 263.61 WM MUELLER & SONS INC 2,227.24 Workboots.com 08/18/2020 700-0000-4240 Clothing Allowance - Tim Monnens 19.49 Workboots.com 08/18/2020 701-0000-4240 Clothing Allowance - Tim Monnens 19.49 Workboots.com 38.98 WSB & ASSOCIATES INC 09/24/2020 400-0000-1155 Professional Services - 2020 Water Resources Support Services 956.50 WSB & ASSOCIATES INC 09/24/2020 101-1310-4300 Professional Services - GIS/AMS Support Services 349.80 WSB & ASSOCIATES INC 09/24/2020 101-1320-4300 Professional Services - GIS/AMS Support Services 349.80 WSB & ASSOCIATES INC 09/24/2020 700-0000-4300 Professional Services - GIS/AMS Support Services 349.80 WSB & ASSOCIATES INC 09/24/2020 701-0000-4300 Professional Services - GIS/AMS Support Services 349.80 WSB & ASSOCIATES INC 09/24/2020 720-0000-4300 Professional Services - GIS/AMS Support Services 349.80 WSB & ASSOCIATES INC 09/24/2020 420-0000-4300 Professional Services - Pavement Management - Trails 2,907.60 WSB & ASSOCIATES INC 09/24/2020 720-0000-4300 Professional Services - SWAMP Subscription 3,000.00 Accounts Payable - Check Detail-ACH (10/02/2020 - 1:31 PM)Page 10 of 12 Name Check D Account Description Amount WSB & ASSOCIATES INC 09/24/2020 420-0000-4300 Professional Services - Pavement Management 8,321.25 WSB & ASSOCIATES INC 09/24/2020 700-7047-4300 Professional Services - West Water Treatment Plant 288.00 WSB & ASSOCIATES INC 17,222.35 WW GRAINGER INC 10/01/2020 700-7019-4530 Supplies 131.31 WW GRAINGER INC 131.31 XCEL ENERGY INC 09/24/2020 601-0000-3080 Monthly Service 14.00 XCEL ENERGY INC 09/24/2020 601-0000-3080 Monthly Service 28.00 XCEL ENERGY INC 09/24/2020 601-0000-3080 Monthly Service 580.00 XCEL ENERGY INC 09/24/2020 700-0000-4320 Monthly Service 2,938.06 XCEL ENERGY INC 09/24/2020 101-1600-4320 Monthly Service 11.32 XCEL ENERGY INC 09/24/2020 601-0000-3080 Monthly Service 14.00 XCEL ENERGY INC 09/24/2020 700-7043-4320 Monthly Service 7,479.80 XCEL ENERGY INC 09/24/2020 601-0000-3080 Monthly Service 290.00 XCEL ENERGY INC 09/24/2020 601-0000-3080 Monthly Service 290.00 XCEL ENERGY INC 09/24/2020 700-7019-4320 Monthly Service 3,816.32 XCEL ENERGY INC 09/24/2020 101-1350-4320 Monthly Service -23.60 XCEL ENERGY INC 09/24/2020 101-1350-4320 Monthly Service 57.22 XCEL ENERGY INC 09/24/2020 601-0000-3080 Monthly Service 28.00 XCEL ENERGY INC 09/24/2020 101-1600-4320 Monthly Service 21.26 XCEL ENERGY INC 09/24/2020 601-0000-3080 Monthly Service 14.00 XCEL ENERGY INC 09/24/2020 700-0000-4320 Monthly Service 86.23 XCEL ENERGY INC 09/24/2020 601-0000-3080 Monthly Service 14.00 XCEL ENERGY INC 09/24/2020 101-1350-4320 Monthly Service 47.23 XCEL ENERGY INC 09/24/2020 601-0000-3080 Monthly Service 14.00 XCEL ENERGY INC 09/24/2020 101-1350-4320 Monthly Service -14.33 XCEL ENERGY INC 09/24/2020 101-1350-4320 Monthly Service 11.32 XCEL ENERGY INC 09/24/2020 601-0000-3080 Monthly Service 14.00 XCEL ENERGY INC 09/24/2020 101-1350-4320 Monthly Service 11.32 XCEL ENERGY INC 10/01/2020 101-1600-4320 Monthly Service 47.83 XCEL ENERGY INC 10/01/2020 601-0000-3080 Monthly Service 28.00 XCEL ENERGY INC 10/01/2020 101-1540-4320 Monthly Service 363.96 XCEL ENERGY INC 10/01/2020 101-1600-4320 Monthly Service 65.88 XCEL ENERGY INC 10/01/2020 101-1550-4320 Monthly Service -203.62 XCEL ENERGY INC 10/01/2020 601-0000-3080 Monthly Service 388.00 XCEL ENERGY INC 10/01/2020 101-1170-4320 Monthly Service -1,302.52 XCEL ENERGY INC 10/01/2020 101-1190-4320 Monthly Service -1,369.90 XCEL ENERGY INC 10/01/2020 101-1220-4320 Monthly Service 1,260.96 XCEL ENERGY INC 10/01/2020 101-1370-4320 Monthly Service 1,438.38 XCEL ENERGY INC 10/01/2020 101-1171-4320 Monthly Service 11.59 XCEL ENERGY INC 10/01/2020 700-0000-4320 Monthly Service 179.80 XCEL ENERGY INC 10/01/2020 701-0000-4320 Monthly Service 179.80 XCEL ENERGY INC 10/01/2020 601-0000-3080 Monthly Service 688.00 XCEL ENERGY INC 10/01/2020 101-1350-4320 Monthly Service 16,957.92 XCEL ENERGY INC 10/01/2020 601-0000-3080 Monthly Service 392.00 XCEL ENERGY INC 10/01/2020 701-0000-4320 Monthly Service -572.29 XCEL ENERGY INC 10/01/2020 700-0000-4320 Monthly Service -170.09 XCEL ENERGY INC 10/01/2020 601-0000-3080 Monthly Service 398.00 XCEL ENERGY INC 34,523.85 Zoom 08/18/2020 212-0000-4300 Zoom webinar monthly charge COVID 42.95 Accounts Payable - Check Detail-ACH (10/02/2020 - 1:31 PM)Page 11 of 12 Name Check D Account Description Amount Zoom 42.95 221,530.13 Accounts Payable - Check Detail-ACH (10/02/2020 - 1:31 PM)Page 12 of 12