Loading...
2021 08 23 Agenda and PacketAGENDA CHANHASSEN CITY COUNCIL MONDAY, AUGUST 23, 2021 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD A.5:30 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.Eastern Carver County School District 112 Referendum Presentation 2.Unmanned Aerial Vehicles (UAV) Policy Discussion 3.Discuss City Website Updates/Overhaul B.7:00 P.M. ­ CALL TO ORDER (Pledge of Allegiance) C.PUBLIC ANNOUNCEMENTS 1.Teen Volunteer Recognition 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 August 9, 2021 2.Receive Planning Commission Minutes dated July 20, 2021 3.Receive Senior Commission Minutes dated June 18, 2021 4.Approve Claims Paid 08­23­2021 5.Authorize Execution of Operations and Maintenance Agreement for Deer Haven Development 6.Ordinance XXX: Approve Amendment to City Code Concerning Noise 7.Ordinance XXX: Amend City Code Chapter 2­Administration Concerning Environmental Commission Membership 8.Resolution 2021­XX: Authorize LED Lighting Replacements at Fire Station #1 and East Water Treatment Plant AGENDACHANHASSEN CITY COUNCILMONDAY, AUGUST 23, 2021CHANHASSEN CITY HALL, 7700 MARKET BOULEVARDA.5:30 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.Eastern Carver County School District 112 Referendum Presentation2.Unmanned Aerial Vehicles (UAV) Policy Discussion3.Discuss City Website Updates/OverhaulB.7:00 P.M. ­ CALL TO ORDER (Pledge of Allegiance)C.PUBLIC ANNOUNCEMENTS1.Teen Volunteer RecognitionD.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 August 9, 20212.Receive Planning Commission Minutes dated July 20, 20213.Receive Senior Commission Minutes dated June 18, 20214.Approve Claims Paid 08­23­20215.Authorize Execution of Operations and Maintenance Agreement for Deer HavenDevelopment6.Ordinance XXX: Approve Amendment to City Code Concerning Noise7.Ordinance XXX: Amend City Code Chapter 2­Administration ConcerningEnvironmental Commission Membership 8.Resolution 2021­XX: Authorize LED Lighting Replacements at Fire Station #1 and East Water Treatment Plant 9.Resolution 2021­XX: Adopt City Policy for the Use of Unmanned Aerial Vehicles (UAV) for Approved City Purposes 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) 1.Chanhassen Rotary Car Show Parade: Tom Furlong 2.Brynn Smithson Citizen Action Request F.FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE 1.Fire Department Update 2.Law Enforcement Update G.OLD BUSINESS H.PUBLIC HEARINGS 1.Resolution 2021­XX: Adopt Resolution Vacating Public Right­of­Way of a Portion of Ruby Lane I.NEW BUSINESS 1.Ordinance XXX: Approve Franchise Ordinance for Cable Franchise Agreement with CMN­RUS (dba MetroNet) J.COUNCIL PRESENTATIONS K.ADMINISTRATIVE PRESENTATIONS L.CORRESPONDENCE DISCUSSION 1.2020 Census Counts Letter from Metropolitan Council 8/17/2021 M.ADJOURNMENT N.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 AGENDACHANHASSEN CITY COUNCILMONDAY, AUGUST 23, 2021CHANHASSEN CITY HALL, 7700 MARKET BOULEVARDA.5:30 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.Eastern Carver County School District 112 Referendum Presentation2.Unmanned Aerial Vehicles (UAV) Policy Discussion3.Discuss City Website Updates/OverhaulB.7:00 P.M. ­ CALL TO ORDER (Pledge of Allegiance)C.PUBLIC ANNOUNCEMENTS1.Teen Volunteer RecognitionD.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 August 9, 20212.Receive Planning Commission Minutes dated July 20, 20213.Receive Senior Commission Minutes dated June 18, 20214.Approve Claims Paid 08­23­20215.Authorize Execution of Operations and Maintenance Agreement for Deer HavenDevelopment6.Ordinance XXX: Approve Amendment to City Code Concerning Noise7.Ordinance XXX: Amend City Code Chapter 2­Administration ConcerningEnvironmental Commission Membership8.Resolution 2021­XX: Authorize LED Lighting Replacements at Fire Station #1 andEast Water Treatment Plant9.Resolution 2021­XX: Adopt City Policy for the Use of Unmanned Aerial Vehicles(UAV) for Approved City PurposesE.VISITOR PRESENTATIONSVisitor Presentations requesting a response or action from the City Council must complete andsubmit the Citizen Action Request Form (see VISITOR GUIDELINES at the end of this agenda)1.Chanhassen Rotary Car Show Parade: Tom Furlong2.Brynn Smithson Citizen Action RequestF.FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE1.Fire Department Update2.Law Enforcement UpdateG.OLD BUSINESSH.PUBLIC HEARINGS1.Resolution 2021­XX: Adopt Resolution Vacating Public Right­of­Way of a Portion ofRuby LaneI.NEW BUSINESS1.Ordinance XXX: Approve Franchise Ordinance for Cable Franchise Agreement withCMN­RUS (dba MetroNet)J.COUNCIL PRESENTATIONSK.ADMINISTRATIVE PRESENTATIONSL.CORRESPONDENCE DISCUSSION1.2020 Census Counts Letter from Metropolitan Council 8/17/2021M.ADJOURNMENTN.GUIDELINES GUIDELINES FOR VISITOR PRESENTATIONSWelcome to the Chanhassen City Council Meeting.  In the interest of open communications, the Chanhassen CityCouncil wishes to provide an opportunity for the public to address the City Council.  That opportunity is providedat every regular City Council meeting during Visitor Presentations.Anyone seeking a response or action from the City Council following their presentation is required tocomplete and submit a Citizen Action Request Form. An online form is available athttps://www.ci.chanhassen.mn.us/action or paper forms are available in the city council chambers prior tothe meeting.Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. Whencalled upon to speak, state your name, address, and topic. All remarks shall be addressed to the CityCouncil as a whole, not to any specific member(s) or to any person who is not a member of the CityCouncil. 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 Houlihan's, 530 Pond Promenade in Chanhassen immediately after the meeting for a purely social event. All members of the public are welcome. CITY COUNCIL STAFF REPORT Monday, August 23, 2021 Subject Unmanned Aerial Vehicles (UAV) Policy Discussion Section 5:30 P.M. ­ WORK SESSION Item No: A.2. Prepared By Don Johnson, Fire Chief File No:  SUMMARY The Fire Department is seeking the approval of a Unmanned Aerial Vehicle (UAV) policy that would authorize the City to use the equipment for specific, authorized uses under Federal Aviation Administration (FAA) guidelines. DISCUSSION Discuss the draft policy with City Council and answer questions related to the equipment, usage, and data privacy requirements of a UAV Program.   ATTACHMENTS: Proposed City Drone Policy LMC Drone Recommendations Equipment Invoice City of Chanhassen - Unmanned Aerial Vehicle Policy Purpose This policy is intended to establish guidelines for the use of unmanned aerial vehicles (UAV’s), including retrieval and dissemination of images and data captured by the UAV. Definitions Unmanned Aerial Vehicle (UAV) - An unmanned aerial vehicle is an unmanned aircraft of any type that is capable of sustaining flight, whether remotely controlled or preprogrammed and all the supporting or attached hardware designed for gathering information through photography, video recording or any other means. UAVs are also commonly referred to unmanned aerial systems (UAS), or drones. Policy It is the policy of the City of Chanhassen that Unmanned Aerial Vehicles may be utilized to enhance the City’s ability to provide city services in the most cost and time efficient manner. Applications for a UAV span the breadth of city operations. Any application of the UAV will be in accordance with Federal, State and City laws, to include constitutional privacy rights, search and seizure regulations and Federal Aviation Administration (FAA) regulations. Privacy Considerations City personnel operating an UAV shall be mindful of privacy rights and absent a warrant or exigent circumstances shall adhere to FAA altitude regulations and shall not intentionally record or transmit images in any location where a person would have a reasonable expectation of privacy (e.g., inside house, fenced yard, enclosed area only visible from an elevated position). Operators and observers will take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions may include, for example, deactivating or turning imaging devices away from such areas or persons during UAV operations. Authorized Uses This policy identifies likely projects and tasks that an UAV will be used for but is not comprehensive. Communications: • Obtain video and still images that would help promote and market city services, programs, events, and the City itself. Engineering/ Water Resources: • Conduct field inspections, document construction projects, and create demonstration videos. Parks and Recreation: • Surveying park development land logistics, aerial inspections of park land and open spaces, special event logistics such as pedestrian and vehicle traffic review, park damage assessments following major weather events, and the creation of promotional footage of park properties and amenities. Public Safety: • The UAV may be used to conduct search and rescue operations of missing persons or objects. A UAV may be used in an effort to protect public safety staff from unnecessary exposure to danger and minimize the risk of injury to bystanders, firefighters and other city staff. • Use of vision enhancement technology (e.g., thermal, forward looking infrared radiometer (FLIR), or other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order. • Emergency Management: • Obtain video and photographs for use of incident documentation or public/private Damage Assessment reporting requirements. • Any public safety application of the UAV will be in accordance with Federal, State and City laws. Public Safety missions will follow, Policy 606 and Minnesota Statute 626.19 and amendments to Minnesota Statue 13.82 Prohibited Uses Under no circumstances will a City owned UAV be used for the following: • To conduct random surveillance activities. • To harass, intimidate or discriminate against any individual or group. • To conduct personal business of any type. Authorized Operators Only City of Chanhassen personnel who have successfully completed the required training shall be permitted to operate the UAV. Retention of UAV Data Each authorized UAV operator will maintain a flight log in accordance with FAA rules and regulations. Operators will log the date, flight time and locations of all UAV deployments including training operations. They will also note as applicable, case number, incident type, automated flight or manual flight, and whether photo images or video were captured during the flight. Data collected by the UAV not being used for an ongoing project or related to an active investigation will be retained in accordance to the adopted “General Records Retention Schedule for Minnesota Cities” as amended from time to time and City of Chanhassen Records Retention Schedules. Digital logs of aircraft mission profiles will be retained pursuant to FAA rules and regulations. All required flight data and documentation will be transferred to the appropriate software for historical and reportable data. Program Coordinator The City Manager will designate a UAV program coordinator. The program coordinator will be responsible for the management of the UAV program. The program coordinator will be responsible for: • Ensuring that policies and procedures conform to current laws, regulations and best practices. • Establishing a training standard for operators that meets FAA requirements. • Maintaining and updating the Certificate of Authorization (COA) with the FAA, should the City elect to apply for a COA. • Overseeing procurement and maintenance of UAV equipment • Review of UAV deployments to ensure compliance with policies and operating procedures. • Conducting audits of flights logs semiannually. • Retention of Data. • Maintain appropriate insurance requirements. Changes to this Policy will be approved by the City Manager. This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. 145 University Ave. West www.lmc.org 8/7/2020 Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2020 All Rights Reserved INFORMATION M EMO Drones: Municipal Use and Regulation Get details on legal developments surrounding unmanned aircraft systems (UAS), or drones. Learn how cities are using drones, how cities can legally operate drones, and other considerations for cities before flying drones. In addition, learn about a city’s authority to regulate drones and access links to helpful Federal Aviation Administration documents and materials. RELEVANT LINKS: I. What are drones? FAA, Un1291manned Aircraft System. A “drone” is a common name for an unmanned aircraft system (UAS). A UAS is an aircraft without a human pilot on board. Instead, the pilot controls the aircraft from the ground. (https://www.faa.gov/uas/). A UAS can range in size, from toys that weigh a few ounces, to military units capable of carrying loads of 3,800 pounds. The Federal Aviation Administration (FAA) refers to a UAS weighing less than 55 pounds as a small UAS (or sUAS). Throughout the remainder of the memo, “drone” will be used in place of UAS or sUAS. II. Federal regulation Michael P. Huerta, Administrator, Federal Aviation Administration, Complainant v. Raphael Pirker, Respondent, NTSB Order No. EA-5730, November 17, 2014. As the federal agency tasked with ensuring the safety of the airspace of the United States, the FAA has jurisdiction to regulate drones. A 2014 decision by the National Transportation Safety Board (NTSB) determined that drones are legally considered to be aircraft. This decision provided the FAA with the requisite authority to regulate drones as aircraft. However, because drones are vastly different than manned aircraft and come with much different safety concerns, the FAA has worked to develop regulations specific to drones. More broadly, regulations applying to manned aircraft do apply to drones when possible. III. City users of drones A. City employees as pilots 14 C.F.R. § 107. See, e.g., Debbie Irmen, Perham Fire Department’s new aerial flight vehicle used at Callaway train derailment, PERHAM FOCUS, April 1, 2016. Cities are already finding many useful applications for drones. Already, cities in Minnesota are using drones in creative ways, such as assisting with emergencies and search-and-rescue operations. To comply with FAA guidelines, municipalities have two options. Cities may choose to either comply with Part 107, which is generally applicable for all commercial drone pilots, or to register under public operation registration. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/7/2020 Drones: Municipal Use and Regulation Page 2 1. Registration under Part 107 Part 107 is a comprehensive regulation developed by the FAA to integrate non-hobby drones into the national airspace. The regulations govern pilot certification, aircraft registration, and operating requirements. Key Part 107 regulations require that drones: FAA, Commercial Operators. • Fly under 400 feet. • Fly only during the day. • Must be kept within the visual line of sight of the pilot. • Must not be flown over people. • Must be operated by pilots who have passed a knowledge test and are at least 16 years old. • Weigh less than 55 pounds. FAA, Part 107 waivers. Besides the pilot certification test, essentially all other Part 107 requirements are subject to individual waivers by the FAA. In other words, if a city is interested in flying under Part 107, but would like to conduct a nighttime flight, the FAA may grant a waiver to allow such a flight. Absent a waiver, the flight would not be authorized. 2. Public operation registration Cities are not required to comply with Part 107. The FAA has a separate registration process for government entities conducting public operations with drones. Under this process, a city must: FAA- Certificate of Waiver or Authorization (COA). • Register online, using the UAS COA online system. By going this route, the city will not have to go through paper registration, which can take up to six weeks. The city will be issued a username and password so that the certificate of waiver or authorization (COA) process can be completed online as well. Once online registration is completed, the city will be given an FAA registration number. Fill the CAPS Access form and submit it via email to 9-AJV-115-UASOrganization@faa.gov. Allow one to two business days for the request to be assigned. Upon meeting the COA requirements, the city will be granted access to submit a COA request. Follow the provisions set out in the COA. The COA will indicate when and where the drone can be flown, as well as any other limitations on the operation of the drone. UAS COA Online System. Part 107 includes default rules for flight operation. Cities should use the alternative registration method if the city determines its drone use would not comply with Part 107. Alternatively, as discussed above, the city could still use Part 107 for most drone flights and seek a waiver for drone activity that would fall outside of Part 107’s parameters. The COA process can be complicated and requires the involvement of the city attorney. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/7/2020 Drones: Municipal Use and Regulation Page 3 FAA, Government Operations Advisory Circular. Not all flights conducted by a city will be considered public operations by the FAA. The FAA has released an advisory circular to assist entities in determining whether a given flight meets the requirements of a public operation. Best practices suggest that a city work with its city attorney to determine if a given flight meets the definition of a public operation. 3. State insurance requirements Minn. Stat. § 360.59. Minnesota Department of Transportation, Drones. Minnesota law requires that any operator of an aircraft must have liability insurance that meets certain minimum coverage levels. The insurance requirements apply equally to drones. If a city has liability insurance through the League of Minnesota Cities Insurance Trust, the city’s insurance will exceed the standards required by statute. While commercial users are also required to register with the Minnesota Department of Transportation (MnDOT) and pay a registration fee, city users are not required to pay the registration fee but must register and provide proof of insurance. B. Contracting for service Cities can still obtain the benefits of drones without owning or operating their own aircrafts. Many businesses offer various drone services that could be of use to cities. Before working with any drone contractor, cities should carefully evaluate whether the contractor has the appropriate clearances to conduct the city’s proposed drone operation. Specifically, cities should ensure the contractor has satisfied the FAA and MnDOT’s registration requirements, as well as MnDOT’s insurance requirements. LMC, Contract Review Service. The League offers a free contract review service for its members. A League attorney will review any agreement with a drone contractor before it is signed to be sure the city’s interests are protected. C. Practical considerations While registration and compliance with MnDOT and FAA rules are both essential prerequisites for flying drones, cities should also be aware of other general considerations and requirements before taking flight. 1. Internal drone policies Cities should consider adopting internal policies regarding drone use. Any policy should address, at a minimum, who has the authority to operate the drone. Beyond operational authority, cities should also consider when and how a drone will be used, or who will have the authority to order a drone’s operation. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/7/2020 Drones: Municipal Use and Regulation Page 4 A city interested in using drones should also consider the public perception of drone usage. Before getting or using a drone, the city should clearly explain to residents what it plans to do with the drone. This can help dispel potential concerns. The city should also consider providing notice to the public to let them know when flights will occur. While not required by law, providing the public with notice of a city drone operation could help reduce the number of questions the city receives regarding a drone flying around the city. FAA, Privacy Guidelines. The FAA has released privacy guidelines for drone users. Though these guidelines are not law, they do provide some good ideas for all drone users for protecting the privacy of others. Any city operating drones should consider including some of the recommendations, or related policies, in its internal drone policy. 2.Data practices and data retention Drone usage will likely create government data because many drones are equipped with cameras. If a city takes photos or records videos or audio with a drone, that data is subject to the Minnesota Government Data Practices Act and the city’s data retention policy. Prior to using a drone, a city should ensure that its data retention policy includes any data generated by a drone. LMC information memo, Data Practices: Analyze, Classify, Respond. Any data obtained while using a drone should be destroyed only in accordance with the city’s data retention policy. Relatedly, cities must consider the data practices implications of any drone footage it maintains. This should include budgeting for the costs of maintaining and securely storing the additional data a city’s drone may create. 3.Warrant requirements Minn. Ch. 82 § 1, 2, and 5. Certain uses of drones may require the city to obtain a warrant prior to the drone operation. While a new law on police use of drones generally requires a warrant, a city’s use outside of a criminal context could also raise warrant issues. For example, if a city uses a drone to fly over a landowner’s backyard to check for code violations, a court could determine that a search requiring a warrant has occurred. However, case law regarding drones is scarce at this point. 4.Law enforcement drone use a.Law enforcement warrant requirements Minn. Ch. 82 § 5, subd. 3.A new law addressing law enforcement use of drones was passed by the Minnesota Legislature in 2020. It addresses law enforcement use of drones, which is governed by a new statute. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/7/2020 Drones: Municipal Use and Regulation Page 5 The effective date for the new drone requirements is Aug. 1, 2020. Under the new requirements, law enforcement agencies are generally required to obtain a search warrant before using a drone. However, there are exceptions. No search warrant is required when a drone is used: •During or in the aftermath of an emergency situation that involves the risk of death or bodily harm to a person. •Over a public event where there is heightened risk to the safety of participants or bystanders. •To counter the risk of a terrorist attack by a specific individual or organization. •To prevent the loss of life and property in natural or man-made disasters and to facilitate post-recovery efforts. •To conduct a threat assessment in anticipation of a specific event. •To collect information from a public area if there is a reasonable suspicion of criminal activity. •To collect information for crash-reconstruction purposes after a serious or deadly collision occurring on a public road. •Over a public area for officer training or public relations purposes. •For a non-law-enforcement purpose at the written request of a government entity. The government entity must specify the reason for the request and proposed period of use. This last exception applies if another city department requests the use of a drone from the police department. For example, the city’s parks and recreation department makes a request to use the police department’s drone to take aerial footage of the city public parks. However, as previously mentioned, some drone use outside the law enforcement context could also raise warrant issues. Therefore, the city should consult the city attorney for a specific use if it is unsure since case law on drones is still scarce at this point. Minn. Ch. 82 § 5, subd. 4. The law requires law enforcement to follow the FAA rules and regulations. It also prohibits deploying facial recognition or other biometric-matching technology on drones, unless authorized by a warrant. It also prohibits equipping drones with weapons or collecting data on public protests or demonstrations unless authorized by a warrant or under one of the search warrant exceptions above. b.Public comment requirements Minn. Ch. 82 § 5, subd. 9. Before a law enforcement agency purchases or uses a drone, the agency must provide an opportunity for public comment. The agency itself must accept public comment electronically or by mail. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/7/2020 Drones: Municipal Use and Regulation Page 6 The city council must also provide an opportunity for public comment at a regularly scheduled meeting. c.Written policies Minn. Ch. 82 § 5, subd. 10. Similar to requirements for body-worn cameras, prior to the operation of a drone, the police chief must establish and enforce a written policy that governs its use. This includes a policy for handling requests for use by other government agencies. While developing and adopting this policy, the agency must provide an opportunity for public comment, either electronically or by mail. The city council must also provide the opportunity for public comment at a regularly scheduled council meeting. The drone policy must be displayed on the city’s website, unless the city does not have a website. If a police department acquires drones now, it has until Feb. 15, 2021, to adopt these policies. However, policies must generally be adopted before law enforcement use of drones. d.Data classification Minn. Ch. 82 § 5, subd 6(a). Law enforcement data collected by a drone is classified as private data on individuals or nonpublic data. Exceptions include: Minn. Stat. sec 13.82, subd 7. Minn. Chapter 13. •If the data subject requests a copy of the recording; data on other individuals who do not consent to its release must be redacted. •Disclosure as necessary in an emergency situation that involves the risk of death or bodily harm to a person. •Disclosure to the government entity making a request for drone use for non-law-enforcement purposes. •If drone data is criminal investigative data, this data is governed by Minnesota Statutes, section 13.82, subdivision 7. •Classification under other provisions of Minnesota Statutes, chapter 13 are retained. e.Reporting Minn. Ch. 82 § 5, subd 12. Minnesota Commissioner of Public Safety. By Jan. 15 of each year, any law enforcement agency that maintains or uses a drone must report the following information to the commissioner of Public Safety: •The number of times a drone has been deployed without a search warrant. This includes the date of the deployment and the statutory warrant exception under the new statute that authorized the use of the drone. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/7/2020 Drones: Municipal Use and Regulation Page 7 •The total cost of the drone program. IV.City regulation of drones Singer v. City of Newton, CV 17-10071-WGY, 2017 WL 4176477 (D. Mass. Sept. 21, 2017). Cities may be interested in regulating drones to ensure the safety and privacy of residents. However, a city’s ability to regulate drones is a bit complicated. Cities likely have little authority to impose many regulations on drones because the FAA’s authority largely pre-empts a city ordinance in this area. Generally, prohibitions or restrictions on flight paths, required equipment, or knowledge tests for drone operators would likely not be within the purview of local government regulation. On the other hand, privacy concerns involving drones—such as flying close to homes to look inside—is an area local government likely has the authority to regulate. FAA, State and Local Regulation of Unmanned Aircraft Systems (UAS) Fact Sheet. The FAA has expressed that it is concerned with safely incorporating drones into the national airspace, but not with how a drone is used or what tools (such as a camera) may be incorporated onto a drone. As an example, the FAA has indicated a state law prohibiting drones from being used for hunting or fishing is acceptable. It appears likely that cities have authority to regulate the takeoff and landing locations for drones via zoning ordinances. However, cities should be careful not to use this authority to effectively ban drone operations within the city. A broad prohibition is likely to be challenged. It seems unlikely a city’s authority would be broad enough to enact what essentially amounts to a ban on drone operation within city limits. National League of Cities, Cities and Drones: What Cities Need to Know About Unmanned Aerial Vehicles (UAVs). National League of Cities, Drone Ordinance Brief. The National League of Cities has developed a model ordinance for drone use that attempts to balance a city’s interest in regulation with the general interest in allowing innovation in the growing drone industry. Cities interested in regulating drones may find it helpful to look to their current ordinances to determine if any of them can be applied to drones or could be modified to apply to drone operations. It is likely, for example, that an ordinance prohibiting voyeurism could be enforced against a drone operator who is using the drone for voyeuristic purposes. V.Conclusion Drones represent a rapidly changing new technology. The law is only beginning to catch up to the present technology. The League is closely monitoring all developments in the drone arena. Cities may find it beneficial to using drones, but they must plan carefully to keep drone operations safe. 1/2 Quote #D874 Aug 3, 2021 SHIPPING ADDRESS Don Johnson Chanhassen Fire Department 7700 Market Boulevard Chanhassen MN 55317 United States Tel. +19526077244 CUSTOMER Don Johnson Chanhassen Fire Department 7700 Market Boulevard Chanhassen MN 55317 United States SHIPPING METHOD Free shipping ITEMS PRICE QTY ITEM TOTAL Autel EVO ll 640T Standard Rugged Bundle $6,900.00 1 $6,900.00 Autel Smart Controller $1,190.00 1 $1,190.00 Live Deck $449.00 1 $449.00 Colorado Drone Charger (Rapid Charger)$499.00 1 $499.00 Autel Smart Battery $219.00 2 $438.00 Part 107 Training $0.00 1 $0.00 2/2 Landing Pad (3ft)$0.00 1 $0.00 Vertex Unmanned Customer Support $500.00 $0.00 1 $0.00 Vertex Unmanned Onboarding/Activation of Drone Equipment $500.00 $0.00 1 $0.00 Subtotal $9,476.00 Shipping $0.00 Minnesota State Tax 0.0%$0.00 Carver County Tax 0.0%$0.00 TOTAL (USD)$9,476.00 *This quote is condential and is not to be shared or discussed with outside parties. Vertex Unmanned Solutions, LLC 14212 23rd Ave N, Plymouth, MN, 55447, United States sales@vertexunmanned.com vertex-unmanned-solutions-llc.myshopify.com CITY COUNCIL STAFF REPORT Monday, August 23, 2021 Subject Discuss City Website Updates/Overhaul Section 5:30 P.M. ­ WORK SESSION Item No: A.3. Prepared By Jake Foster, Assistant City Manager File No:  SUMMARY Staff has received significant feedback from the Mayor and City Council that the city's website is difficult to navigate and clunky. The website is the city's "front door" to most interactions with residents, visitors, and businesses. Our ability to communicate the good work that is ongoing in the city is hampered by the website at this point.  BACKGROUND Year­end 2020/Beginning of 2021 Staff determined the city's website was in need of a navigation update, design refresh, and overall content cleanup. Staff began determining potential solutions to address the city's website issues with current vendor CivicPlus. February/March 2021 City Council and staff set "Communications" as a strategic priority for 2021­2023. Enhancing and streamlining the city's website was identified as a strategic initiative to accomplish the desired outcomes and meet performance targets within the strategic priority.  Staff determined that the website enhancements would be best suited to be managed by the incoming Communications Manager to capitalize on the expertise of that individual. July/August 2021 Ari Lyksett started her employment with the city  as Communications Manager.  She and other staff members determined that basic maintenance would not address the identified deficiencies and the website is in need of a complete redesign.  After meeting with CivicPlus, staff was provided a timeline of well over a year before a new website could be completed (5­6 months before the project could be "kicked­off" and 8+ months for completion of the project).  This is due to a high volume of website redesigns with CivicPlus, many as a result of CARES funding.  As a result of this proposed timeline for a new website and other ongoing issues with CivicPlus, staff has begun evaluating other content management system providers and website hosts. Staff is currently evaluating three vendors ­ CivicPlus, Granicus and Revize to determine the best path forward in delivering a completely new, more user­friendly, website for the City of Chanhassen. DISCUSSION Staff will share ideas and examples with the City Council. Staff is looking forward to dialogue with the City Council about interests, expectations, and next steps.  CITY COUNCIL STAFF REPORT Monday, August 23, 2021 Subject Teen Volunteer Recognition Section PUBLIC ANNOUNCEMENTS Item No: C.1. Prepared By Priya Tandon, Recreation Coordinator File No:  BACKGROUND On behalf of the City Council and the Park & Recreation Commission, I would like to recognize the 2021 Teen Volunteers. These 13­16 year­olds were selected to serve as volunteers for City­sponsored recreation programs from June through August. Programs included the Old National Bank Summer Concert Series, Summer Discovery Playground Program, Lake Ann Adventure Camp, Senior Center activities, and Rec Center sports programs.  The City would like to thank this year's teen volunteers for their service. Together they compiled over 830 hours of service to the City of Chanhassen! 2021 Teen Volunteers 1. Andrew Alegi 2. Lydia Anderson 3. Anna Blong 4. Clara Christenson 5. Campbell DeLuca 6. Arunabh Dogra 7. Noah Fu 8. Logan Gilbertson 9. Nadia Gilbertson 10. Meredith King 11 . Sara Koester 12. Jacob Landon 13. Nathan Lee 14. Dilon Liyanage 15. Mahi Madhan Kumar 16. Carlos Nugent 17. Nischay Pattanashetty 18. Joshua Spenler 19. Hadley Stabenow 20. Isabella Totin 21. Charlie Wennerstrom CITY COUNCIL STAFF REPORT Monday, August 23, 2021 Subject Approve City Council Minutes dated August 9, 2021 Section CONSENT AGENDA Item No: D.1. Prepared By Kim Meuwissen, City Clerk File No:  PROPOSED MOTION “The City Council approves the City Council minutes dated August 9, 2021.” Approval requires a Simple Majority Vote of members present. ATTACHMENTS: City Council Summary Minutes City Council Work Session Minutes CHANHASSEN CITY COUNCIL REGULAR MEETING MINUTES AUGUST 9, 2021 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge of Allegiance. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilman Campion, Councilwoman Schubert , Councilman McDonald, and Councilwoman Rehm. COUNCIL MEMBERS ABSENT: None. STAFF PRESENT: Laurie Hokkanen, City Manager; Kate Aanenson, Community Development Director; Charlie Howley, Director of Public Works/City Engineer; Kelly Strey, Finance Director; and Andrea McDowell-Poehler, City Attorney. PUBLIC PRESENT: Tim Erhart 9611 Meadow Lark Lane Dan Blake Black Cherry Development Martin S chutrop Schutrop Building & Development Corporation Mayor Ryan asked the City Council if there were any modifications or additions to the agenda. After the roll call vote there were no changes to the published agenda. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman McDonald moved, Councilman Campion seconded that the City Council approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated July 26, 2021 2. Receive Park & Recreation Commission Minutes dated June 22, 2021 3. Approve Claims Paid 08-09-2021 4. Approve Purchase of Lift Station Pumps for Rehabilitation of Lift Station #2 5. Approve Fireworks Display at Chanhassen High School, September 24, 2021 6. Approve Temporary Modification of the Licensed Premises to serve Beer in Chanhassen Brewing Company Parking Lot Area All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. None. City Council Minutes – August 9, 2021 2 OLD BUSINESS 1. Ordinance 674: Approve a Request to Amend City Code Chapters 1 and 20 to Define "Agritourism"; Create Standards and Criteria for an Agritourism Use as an Interim Use; Allow Agritourism Uses as an Interim Use in the Agricultural Estate District; and Approve an Interim Use Permit for an Agritourism Use on Property Located at 9111 Audubon Road. Community Development Director Aanenson noted the item was discussed at the last City Council meeting and tonight they w ill review some of the changes and believes they are in concurrence. She clarified that the new terminology to be used is “Agritourism” rather than “Agritainment” and is for Interim Use. Tonight the City Council would be approving an ordinance amending City Code sections 1-2 Definition of Agritourism; 20-252 Standards for Agritourism and Interim Use; 20-576 adding Agritourism as an interim use in the A-2 District; and an Interim Use Permit (IUP) for Agritourism use at 9111 Audubon Road. Ms. Aanenson noted they revised the timeframe to 8:00 a.m. until ½ hour after sunset, outdoor music must require a special event permit, the Applicant must maintain driveway easements for emergency access to the property, and items promoting the establishments are permitted but retail space for these items is limited to 300 square feet. The Applicant shall provide safety practices, procedures, and locations. Ms. Aanenson said there are 19 A-2 parcels that meet the minimum size standards of 20 acres, but must be on collector roads so only 6 of those comply, including the Degler Farm. She showed the site plan on screen and walked the City Council through the Interim Use including locations for hayrides, corn/bean maze, vendors, sledding hill, corn pit, and parking. They also added to the interim use an annual report of the activities proposed for the upcoming year and an updated site plan as the City wants to maintain that parking is being met by August 1 of each year. Staff recommends staying with five years on the IUP and the Applicant can always ask for an extension 60 days prior to the expiration date. Ms. Aanenson shared that the Planning Commission voted 3-1 on a motion recommending adoption of the ordinance subject to revisions discussed. Staff believes they have addressed the issues and are ready to approve; there is still a list of things the Applicant must do to advance the IUP itself. Councilman McDonald asked within the definitions of Agritourism did they narrow the field down to what the Degler’s want on their property or is it broad enough for others who may want to have activities on their property? Ms. Aanenson replied they tried to make it broad enough to meet the Degler’s needs and broad enough for someone else to also meet the criteria. Councilman McDonald asked if they would waive fees on an extension of the five-year IUP. Ms. Aanenson noted they do not waive fees and she cannot bind a future City Council to waive the fees. City Council Minutes – August 9, 2021 3 Councilman Campion asked requiring the IUP to be updated every five years, if nothing is changing, why make the Applicant pay to apply again? Ms. Aanenson noted that is what they do for all interim uses and typically an interim use is not found on a piece of property that has a municipal service to it. Usually it is an area in transition so higher and better uses want to come in. Councilman Campion asked in that case would it be a conditional use rather than an interim use? Ms. Aanenson replied a conditional use runs forever with the property and interim use stays at the five years. City Attorney McDowell-Poehler believes this use is not completely consistent with what the Comprehensive Plan has it guided for. Ms. Aa nenson noted that is correct and that that is another reason for the IUP as they are trying to find middle ground to allow them to do something so the interim use is bridging that. Attorney McDowell-Poehler stated this is new to the City and it gives the opportunity for the City to review how this is operating and whether it wants to continue or make changes due to the newness of this type of activity within the City. Councilwoman Rehm’s understanding is if it is a five-year IUP they are looking at $200 per year which seems pretty reasonable. She believes notifying the neighbors would use up that $200 pretty quickly. Mayor Ryan thinks it was shared at the previous meeting that it was very expensive to reapply and asked if that is the case. Ms. Aanenson replied no, it is a nominal fee of $200 per year but she thinks it is less than that because they added in the Code Amendment. She does not have it in front of her right now. City Manager Hokkanen said Staff calculated that it would be about $997 in current dollars, so the average over five years would be about $200 per year. Mayor Ryan asked if in five years the City Council reviews it and nothing has changed, does the Applicant still have to pay the fee? Ms. Aanenson replied they would have to extend the interim use for another five years. Mayor Ryan clarified they would be paying for the next five years. At that time if the City Council decides to change it to a Conditional Use Permit (CUP) would that be a consideration for fees at that time? City Council Minutes – August 9, 2021 4 Ms. Aanenson said yes, although she would want to give it a bit more thought as they would be keeping a farm operation that is inconsistent with the Comprehensive Plan. Mayor Ryan noted in five years if the Council wanted to approach this differently they could evaluate fees at that time. Ms. Aanenson replied in the affirmative. Attorney McDowell-Poehler said if it is something the Council wanted to consider making more permanent, they would need to do a Comprehensive Plan Amendment at that time and rezone the property to allow it to be a Conditiona l Use Permit activity and then it could continue permanently. Mayor Ryan noted something was mentioned about a commercial parking permit administered by the County and at the last meeting restriping was mentioned. She asked to circle back on traffic clarifications. Director of Public Works/City Engineer Howley said regarding the permit from the County, they have a standard permit for access. An intensified use is a trigger for the Applicant to get a commercial driveway permit and they simply have to apply. Mayor Ryan said regarding special event permits, if there is an increase in volume, a traffic and site plan still needs to come before the City. Ms. Aanenson noted once they get the permit, the City would work through the administrative things to get all the permits in place. Mr. Howley said the County is doing a resurfacing project on Audubon and their design staff in- house made some modifications to the formal striping plan and have incorporated that into the project based on what they know about this project. Mayor Ryan asked if there are traffic concerns from residents, does that come to the City or the County. Mr. Howley believes it would be a County response. Councilman Campion moved, Councilman McDonald seconded that the City Council Approve Ordinance 674 to Amend City Code Sections 1-2, 20-252, and 20-576 regarding Agritourism; Approve an Interim Use Permit for an Agritourism Use on Property Located at 9111 Audubon Road; and Adopt the Planning Commission’s Findings of Fact. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARINGS: None. City Council Minutes – August 9, 2021 5 NEW BUSINESS: 1. Ordinance 676: Approve a Request to Rezone Property from Agricultural Estate District (A-2) to Single-Family Residential (RSF) and Subdivision of Property into 21 Single-Family Lots with Variances at 775 West 96th Street Ms. Aanenson noted Planning Case #2021-12 Erhart Farm went before Planning Commission on July 20, 2021 and Black Cherry Development is making the request. She showed the subdivision first phase which terminates on a temporary cul-de-sac and noted there was a wetland alteration permit and the site is heavily wooded. The Applicant is requesting the rezoning which is different from the first phase and is straight single-family minimum 15,000 square-foot lots. Staff believes this is the most appropriate zoning district. The subdivision is creating 21 single- family lots and one of the lots is the existing farmstead, extending the sewer and water to the properties, and access via West 96th Street. Ms. Aanenson noted some questions from one of the property owners that thought extension of the street was crossing her property; they did get the documentation that it is unimproved City right -of-way. The property is heavily wooded and that was a concern regarding development, so there is tree preservation plan and the Applicant must increase the tree planting to meet all those requirements and are part of the conditions of approval. Mr. Howley spoke about grading and drainage, and showed onscreen a place where there are currently wetland spoils which must be removed. He noted this is an important cog in the overall Comprehensive Plan for utilities, they will extend water main on the map all the way through, stub it at West 96th Street, and stub it at the end of Eagle Ridge Road, and said the portion of the main running down the spine will be a 12-inch trunk main and the rest will be 8-inch main. There is currently a temporary lift station at the end of Eagle Ridge Road at the temporary cul- de-sac and a new lift station will be constructed and the temporary one will be abandoned. He explained current and future lift station plans within the area. Mr. Howley spoke about storm sewer and noted all collection will be via gravity and goes into a storm water best management practice (BMP); the Applicant still needs to go to the Watershed District and get formal approvals. He spoke about collector roads, local roads, and nature trails and said the plan is to ultimately extend Eagle Ridge Road as the collector all the way to Powers Boulevard, and there will be sidewalks on the streets as that is the City’s standard. Mr. Howley stated in the 2040 Comprehensive Plan it shows the need for another water tower in the City and noted a blue dot on screen for an ideal potential location, although they are a long way from putting in that water tower. He noted after the subdivision goes in, it is a perfect time to redo West 96th Street and they put it on for 2026 although that date could change. Ms. Aanenson noted some neighbors were concerned about streets and the City does not know how that will be platted out. Another question that was asked earlier is whether this would require an Environmental Assessment Worksheet (EAW) and because it is under 250 residential units they will not need to. Ms. Aanenson walked the Council through variances and stated the City Council Minutes – August 9, 2021 6 Planning Commission held a public hearing on July 20, 2021 and voted 6-0 to recommend approval of the project subject to conditions of the Staff report. Mr. Howley shared concerning the future project on West 96th Street, it would be a public project that the City would assess for which is typical. He noted residents there already have sewer and would not be assessed for that, and would not be charged a hook-up for sewer; they would be assessed for the roadway reconstruction and the City will put in storm sewer and water main. He clarified people would be assessed 100% for the water main and 40% for the roadway costs. He estimated about a $15,000 assessment total over 10 years. Residents could hook up to water at their pleasure and there would be a hook-up fee charged. Ms. Aanenson noted Staff is recommending approval. Councilma n McDonald asked regarding the narrow road and it was stated there would be no parking; is that overnight parking the same as it is throughout the City or is that 24 hours/day? Mr. Howley clarified it would be a permanent no parking on one side of the str eet but people could park on the other side of the street. Councilwoman Rehm asked if there will be a sidewalk on that street. Mr. Howley replied the engineering recommendation is to put a sidewalk there because of the reduced street width. He thinks there is flexibility there and he would like to hear feedback. The Councilmembers discussed a sidewalk on the smaller yellow loop road (7-8 houses) on screen. Mayor Ryan asked regarding stormwater management, will the City be able to get access to those backyards? Mr. Howley replied Staff is comfortable with the access and showed it on screen. Mayor Ryan has a real concern regarding construction traffic on West 96th Street and noted it is narrow and not in the best shape. Building out road, curb and gutter, grading, and the many trucks and workers going down the street, she thinks they must be very thoughtful as it will be a problem. Mr. Howley replied this development will attach to two public roadways and the job superintendents and those in charge will let the construction route be known; however , many will go whatever is the quickest way to get there. He does not know that they can say definitively that not many will use Eagle Ridge and noted West 96th Street is probably the shortest way. Mr. Howley hopes they do use West 96th Street and the reason is that Eagle Ridge Road is a brand new road and they do not really want to add more stress to that road. Most construction traffic City Council Minutes – August 9, 2021 7 will be coming in and coming out as a one-way through; one could argue that 50% of the traffic will be on both roads. He clarified they are talking about 21 homes and while West 96th Street is currently narrow, there are not many people that use that street. Mr. Howley stated it is unreasonable and unfeasible to tell them to build a construction road from Powers Boulevard as it is half a mile away. The City is somewhat stuck and must do their best through permitting, inspections, and communication to mitigate the issues that come with construction traffic. Tim Erhart, Applicant , noted the idea is to try to preserve the feeling of trees and forest on the property and that is why they did not propose to put a sidewalk on the road. Mayor Ryan asked what they can expect when it comes back for Final Plat approval. Ms. Aanenson said there is anot her piece on the south that will be added so the Applicant will come back for Preliminary Plat approval. These will be custom-graded lots rather than mass graded which allows for the homeowner to pick the trees they want to save and build their house desig n around them. She clarified if the City Council wants to leave out the sidewalk they would have to strike that condition. Councilwoman Rehm asked the timeline for the project. Dan Blake, Black Cherry Development, said it is unlikely they will get the entire neighborhood built this year, but they would like to get the grading done. He cannot imagine they will get the streets done until next spring. Regarding construction traffic, they do not anticipate things happening at the pace of a Lennar neighborho od where all of the homes are built within a close timeframe. He said it could be 2-3 years from the time the first house is built until the last house is done and noted the market controls a lot of those things. Councilwoman Schubert moved, Councilman McDonald seconded that the City Council approve O rdinance 676 rezoning the development from Agricultural Estate District (A-2) to Single-Family Residential District (RSF); Preliminary Plat with variances for street width, front yard setback (Lot 1, Block1), wetlands setback (Lot 1, Block 1), and street frontages (Lots 3 through 9, Block 1) subject to the conditions of the Staff report eliminating the sidewalk requirement; and adopts the Planning Commission Findings of Fact. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 2. Ordinance 675: Approve a Request to Rezone Property from Agricultural Estate (A2) to Single-Family Residential (RSF); and Resolution 2021-44: Subdivision Approval of Two Lots and One Outlot with Variances for a Private Street and Private Street Width at 9197 Eagle Ridge Road Ms. Aanenson noted this went before the Planning Commission on July 20, 2021 and the Applicant is Schutrop Building and Development Corporation. The subject property is off Eagle City Council Minutes – August 9, 2021 8 Ridge Drive and there is an existing home immediately to the west. The existing site is served by a private drive that serves two homes and by adding the additional home, the request by the Fire Department is that a turnaround be put in place. Public utilities are stubbed but they will have to connect and provide for storm water treatments. Ms. Aanenson walked the City Council through variance findings including private street standards, wetland preservation, trees, and existing retaining wall. The Planning Commission voted 6-0 to approve subject to conditions of the Staff report. Mayor Ryan asked regarding the maintenance of the storm water pond. Mr. Howley replied it will be privately owned and maintained so there will be an agreement and the City will not have to worry about it. Councilman McDonald motioned, Councilwoman Schubert seconded that the City Council approve O rdinance 675 rezoning the property from Agricultural Estate District (A-2) to Single-Family Residential (RSF); approve Resolution 2021-44 approving Preliminary and Final Plat for a two-lot, one outlot subdivision with a variance for the use of a private street and private street width subject to the conditions of the Staff report; and adopts the Planning Commission’s Findings of Fact. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Ms. Hokkanen reminded the City Council about the budget work session on August 16, 2021. CORRESPONDENCE DISCUSSION. 1. 2021 Building Permit Activity July Year To Date Councilman Campion moved, Councilwoman Schubert 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 8:28 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen City Clerk CHANHASSEN CITY COUNCIL WORK SESSION MINUTES AUGUST 9, 2021 Mayor Ryan called the work session to order at 5:00 p.m. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Rehm, Councilwoman Schubert, Councilman McDonald, and Councilman Campion. COUNCIL MEMBERS ABSENT: None. STAFF PRESENT: Laurie Hokkanen, City Manager; Charlie Howley, Public Works Director/City Engineer; Kelly Strey, Finance Director; Don Johnson, Fire Chief; Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; Sharmeen Al-Jaff, Senior Planner; MacKenzie Young-Walters, Associate Planner; Jerry Ruegemer, Park and Recreation Director; and Rick Rice, IT Manager. PLANNING COMMISSIONERS PRESENT: Mark von Oven, Laura Skistad, Doug Reeder, Eric Noyes, Erik Johnson, Kelsey Alto ECONOMIC DEVELOPMENT COMMISSIONERS PRESENT: James Ebeling, Eric Anderson, David Kessler, Ryan Soller, Jim Sanford PUBLIC PRESENT: Cathy Bennett Urban Land Institute Minnesota Sam Newburg Urban Land Institute Minnesota Evan Doran Urban Land Institute Minnesota Ra’eesa Motala Urban Land Institute Minnesota Mark Kunkel Urban Land Institute Minnesota URBAN LAND INSTITUTE WORKSHOP WITH PLANNING COMMISSION AND ECONOMIC DEVELOPMENT COMMISSION Cathy Bennett reviewed the PowerPoint presentation. • Noted that national trends on work from home differ based on age, progress in career • 30% of workforce is unable to work from home. City Council Work Session Minutes – August 9, 2021 2 • Retail sector was changing before the pandemic but it accelerated rapidly. Last year, we thought 60% of retail outlets would remain empty. Things don’t seem as bleak now, although stores in those spaces may be different. • Grocery sector changes expected to be more permanent. • Nationally, there was a 10-15% reduction in commuting. In Minnesota, the average commuter was stuck in traffic only 9 hours in 2020 vs. 52 in 2019. Traffic seems to be increasing again and we don’t know where this is going. • Huge growth in: delivery services and bike sales. The panelists introduced themselves. Question 1: Recent trends in retail sector that cities should consider? Sam Newberg: the first wave was Greenfield development, the second wave is redevelopment. Think of St. Louis Park – more mixed-use developments. That wave is approaching/has reached Chanhassen. Expect to grow up more than you grow out. Maple Grove and Woodbury, as examples, are experiencing the same. There’s a concept of the “15-minute city,” where you can get everything you need within a 15-minute trip. This concept got more attention during the pandemic as people were less willing to move about. Thinking of retail – 95% of online Target orders are picked from a store shelf, not a warehouse. So the shift to online sales is true, but it isn’t all from a warehouse. Retail hasn’t gone away and it won’t, but it is changing fast. In- person shopping is coming back, spending is back up. Of course we don’t know what the Delta variant phase of COVID will be like. It’s a little too early to say what particular stores might be looking to expand. Note that as the city increases housing and density, more retail demand will be created too. As for office, many companies have pushed off their return to the office. Impact to the market is anyone’s guess. There will surely be less office space overall. Working from home is here to stay and will be a part of our lives going forward. Wouldn’t foresee new office building built in Chanhassen in the near future. Evan Doran: Renters want the same things that owners want – the 15- minute city is a very prevalent concept. That occurs in a downtown environment, whether that’s downtown Chanhassen or Minneapolis. Question 2: How are the changes in retail or office markets going to impact the industrial market? Ra’eesa Motala: Industrial is the darling of commercial real estate right now. The onset of COVID pushed pricing to the next level. Two years ago, $5/square foot is up to $6 or $6.50 with 4 to 4.5% increases per year. What’s unique and interesting about our market is that we’re not a port city but we have large number of Fortune 500’s. We saw two years of e-commerce growth in a single quarter. We’re in a very tight spot. Serious need for cold storage – food. Cold storage City Council Work Session Minutes – August 9, 2021 3 is very hard to spec out and build without a tenant in mind. Clients’ issues with cities right now is that cities want the use to be attractive and that pushes these uses to the edges. Makes the 15- minute city from a workplace perspective. Outdoor storage is huge for industrial and it’s almost impossible to find. The last mile struggle is up in the air right now – not sure what Minneapolis and St. Paul are planning to do with 280 corridor. Recycling plant in Minneapolis is looking for a new home and it will likely be somewhere farther away. Vertical warehousing is a new conversation – instead of building out, build up to create more useable spaces. This allow cities to grow jobs and tax base and retain users. Retail is definitely impacting. More retail is looking to backfill to deal with supply shortages. Retail struggles to keep up with demand. For office, there’s always a need for headquarters or flagship office. Very difficult to ascertain who wants to go into work and who doesn’t and how much space they need. Medtech leading trend in work from home, whic h will drive desire for more amenities in housing, especially multi-family. Chanhassen has good opportunity to retrofit. Ra’eesa asks cities to give a chance to explain their use and not get stuck on the “ugly” use, try to work together. Blackstone purchased a $665 million portfolio of industrial last year. They are now the largest landlord in Minneapolis. Kate Aanenson added that we have a number of food storage users in Chanhassen now. We have seen some want to expand and be unable to find space in Chanhassen. Mayor Ryan asked Ra’eesa to expand on the incentives that are worthwhile to companies. She shared an example of a city in South Carolina that offered grant money that went into job training rather than asking for tax incentives. Another way is to have the city create shared amenities for an industrial user and the city to share in a co-working space. Mark Kunkel shared that industrial is so hot that pre-sales by investors are occurring before a tenant has been identified. Industrial market seems to have a long wind at its back. Ra’eesa said we have 5M square feet under construction in the Twin Cities. The vacancy rate is about 4.3%. There’s even a trend of businesses who own buildings selling and going to lease because they can command such prices for their buildings. With Blackstone acquisition of Welch Property portfolio, they are the largest landlord by 4X. Industrial rents will continue to go up. Question 3: What role does housing play and why it is important? Evan Doran: High quality housing is an important component to an attractive city. Renters move every 16-18 months. Doran sees 12-month lease with 18-month renewal and then they move somewhere new. Consumers are thinking hard about where they really want to live. Rents are increasing, although not as much as single-family homes. Rental gives folks the opportunity to “cycle” within a community – come here while they look or build, or free up a single-family home while they can stay in the community. Chanhassen is in an interesting space – has unique identity. Close to city, but also a suburb. Sometimes they see that cities make the mistake of overlooking multifamily housing because they assume it’s not a good fit for their community. City Council Work Session Minutes – August 9, 2021 4 Shared example of Shakopee project, which is 32 units per acre. A project in Hopkins is 80-100 units per acre. Doran likes to understand goals of the city for the parcel they are looking at, make sure the project is a good fit and can be a financial success. Doran builds high amenities – gyms, pools, etc. but they need higher density to justify those amenities, usually meaning at least 100 units in a project. Flexibility is key, not being too rigid on density or zoning. Demographically, Doran has a barbell, meaning 45% of their renters are 50+ who are choosing to rent rather than own. Another 40% are millennials, young people. There’s a demographic loop that’s very important to understand impact on city. Rent ers are looking for city stuff too – bars, gyms, restaurants, salons. They create demand for those services to a greater degree. Construction costs – $3M in lumber on 321 units two years ago and at peak this year $8M in lumber on 305 units. Lumber costs have come down a bit but will remain high at $550-600 per board foot. Other material inputs have risen, too. This will mean higher rents. Local amenities are key to driving rents. Will need the density to make it pencil (numbers work). Density can be a scary word – encourage everyone to see and feel actual projects to understand how it doesn’t have to be and can fit so nicely. Renters are “trying on” Chanhassen and may become long-term residents. James Ebeling asked how projects go in communities that are not as walkable and connected. Evan responded that they can create it, to some degree, citing an example in Maple Grove. Creating retail is really tricky, because you need higher numbers than you can create with one project. Also, people do want multifam ily housing in areas that are not “hustle and bustle.” Cities should understand what their selling points are, what people are looking for in your area. If you have a nice piece of developable land, think about the long-term uses before you make decisions on individual parcels. People want to live, work, and play in close proximity right now. Mark von Oven: Who are our competition? How are we different, good or bad? Evan Doran: When we look at sites, we are city agnostic. We look at the site specifically and what’s right around that site – trails, transit, restaurants. Looking for vibrancy and ability to generate rents in the $2/foot range. Can the market support that or can we bring it? Can’t really build on less than 2.5 acres. How do the returns on investment compare to other sites and what’s the best opportunity. Mayor Ryan: Is the flexibility on density and zoning based on the written polices or through conversation? Evan Doran: Both, we do look at the zoning policy and comp plan. Basically, the more certainty the developer can get, the more willing we are to do due diligence. Established support for density is a great start. If your highest density in code is 15/units per acre, that’s a bad start. If we see tolerance for 40-50, we get more interested. Cities like Chanhassen will only have a few City Council Work Session Minutes – August 9, 2021 5 high-density projects in a market cycle so they shouldn’t worry about getting too much high- density development. Question 4: What are the investment metrics needed to make quality development financially feasible? Mark Kunkel: It’s yield on cost. Right now, that target is 6%. Investors are solving for an internal rate of return as they deploy their capital. Small, family-based investments value stable returns that protect their capital. Foundations and endowments take a little more risk. The far end of the spectrum has highest appetite for risk. They need to beat the market. Very simply, all the capital today is funneling into two property types right now – Multifamily and Industrial. No one is investing in office except the distressed properties market. It’s on pause. Industrial and Multi-family are red hot. Retail and Grocery is a nervous user. Hotels are taking a pause. So all capital is going into two funnels – Multifamily and Industrial. People who manage capital need to deploy it in order to make money. Investors look to balance risk and reward. Low teens to 20% or more return is possible right now. Different terms of capital too. Build, stabilize, and flip within 5 -7 years is common right now. Cathy Bennett: What does all that mean to a city when the developer is asking for assistance? Mark K unkel: Dig into the capital source. That’s the terms you have to meet if you want the project. It helps if the investor and the capital have worked together before. You want to know that the return is sufficient to keep the project on track. If that margin is too close, the deal can get squeezed out. Developers come to cities in “gap” situations. This is where TIF can be very helpful. Seeing more and more in affordability spectrum. We need more housing, that’s for sure. Not really seeing affordable housing without assistance. ESG investors have mandates to invest with other mandates than return. They will accept a lower yield to accomplish other goals. This is a very new type of investing. Questions from the group: Eric Anderson: The Economic Development Commission is looking to understand how outside opportunities view Chanhassen. How can you get candid feedback without developers posturing? Evan Doran: The challenge is you have to have a database on who shows up, what do they ask for (variances, density changes, incentives). You’ll never know who doesn’t come to your city/who passed without talking to you. Doran comes in with soft approach and looks to see what they are getting back from the city in terms of our asks and questions in order to evaluate cert ainty available in a project. There’s a perception that developers are “all money” but in reality, we’re under a lot of pressure to manage costs, be accountable to investors, make a certain return. If those pieces start to fall apart, need to walk away before too much sunk cost. City Council Work Session Minutes – August 9, 2021 6 Ra’eesa Motala: Sometimes cities get too ambitious with requirements. Projects have to meet underwriting. Cathy Bennett: Be clear about your expectations up front, be consistent from step A to final, be a partner in getting the development done. Developer is investing in your community and if cities can use that lens, can be very helpful. Evan Doran: Be educated about the inputs that we’re working with. City should not surprise developers with additional requirements like parking stalls, affordability components. If you have an unclear policy on a cost lever, we’re less certain about whether a project will work. Really think about your asks and preferences and how they will impact the project’s viability. Laura Skistad: What are you seeing as the need for parking? Evan Doran: 1.5 covered stalls per unit mostly plus more on the outside. We see two people per unit, with two cars, regardless of size of unit (1, 2, 3 bedrooms). One-size-fits-all policy doesn’t always work – we understand our client base and what they need and what we need to be successful. Ra’eesa Motala: We (MSP region) don’t yet live in a place where there is great walkability or transit so we do see need for parking still. Parking standards and requirements are a big deal to industrial users too. Cathy Bennett: Developers really study parking. They need the parking to work in order for their project to work. Their clients and tenants have expectations they need to meet. Evan Doran: We wouldn’t build a project without parking even if you let us. We know what our renters want, they want their car parked inside in the winter. They might love to take the light rail some places, but they still have cars. Sam Newburg: Building parking costs money. If you do a small infill project that doesn’t need additional parking, could make something work that doesn’t otherwise. Agree that 1.5 per unit is reasonable for Chanhassen. Are you putting in electric charging stations in Chanhassen? Evan Doran: Minimum installation is 20% of parking for electric cars. Higher elsewhere. See this trend taking off rapidly. More up-front costs fo r us. But it’s much cheaper to do it at the beginning than later. But it’s really a no brainer for where the world is heading. If you want to have a debate over parking, make it over electric parking. If you can be a city who is pro-electric car charging, you’ll be ahead of the game. Laura Skistad: Do you charge more for those stalls? Evan Doran: Yes, we meter those stalls so they pay for usage directly. City Council Work Session Minutes – August 9, 2021 7 Ra’eesa Motala: Electric parking spots have won/lost projects before. Lucy Rehm: Can you talk more about ESG (Environmental, Social, and Governance) investors and trends in energy? Mark Kunkel: ESG is not mandated. It’s also not very common. ESG investors are charting their own course. Different focuses for investments. Do see growth in use of LEED and green roofs, var iable-flow refrigerant systems. Expensive up front but tenant saves money in the long run. Easy to hire LEED consultant or look at scorecards online. LEED Gold and Silver are not that hard to achieve. Starting to see more ESG investment in diversity and inclusion. Probably will be federal mandates coming but so far they can self-define. Evan Doran adds that the LEED certification/sticker itself can be expensive, even though meeting the goals might not be. Thread that needle. Cathy Bennett: What other trends are there for cities to be aware of? Evan Doran: So many, which ones will stick? Work from home in multifamily, more workspace be it a spare bedroom or den. Stronger demand for three-bedroom units. More work-from-home pods in common space. Looking at cold storage on site. Already have package management systems. People get so many boxes! Do landlords want to be responsible for grocery deliveries? More demand for services – concierge, cleaning. Need to be able to charge for it. Dog washing stations. Apps like Amenify or Rise – book community amenities in your building. REtech or PROPtech. Ra’eesa Motala: More functional. Higher clear height, more automation, loading and access. Cold storage. Vertical warehousing is really going to have an impact. It’s functional. Can be pricey on front end but long-term benefit is real and cool. Laura Skistad: Are you seeing Microliving? Evan Doran: We’re not pursuing but have been a few proposed. COVID hasn’t lent itself to thinking that would be a good option. Rents in MSP are not high enough to drive that kind of demand. Cathy Bennett: But because it’s in other markets, it may come here. May be a trend, may be a way to address affordability. Too soon to tell. Mark Kunkel: Microliving and co-living are popular on the coasts. It will be come here. Shared kitchen, living room, and then 2, 3, 4 secure living suites. Probably will start close to universities. Leases sometime have a 30-day out. Interesting experiment. New version of Murphy bed where the bed raises into the ceiling to create more floor space. City Council Work Session Minutes – August 9, 2021 8 Mark von Oven: Quick fire, if grocery is the old anchor, what will be the new anchor? Sam Newburg: Tough! I don’t think grocery is going away as quickly as people think. Mixed use development with open space. Evan Doran: Physical use spaces – rock climbing! Mark Kunkel: Food, fun and fitness. Coffee. Food not going away. Ra’eesa Motala: Food locker – package delivery of food, retail. Mayor Ryan: Is it the city’s responsibility to market itself or will developers find us? Ra’eesa Motala: Depends on what you’re trying to attract? For industrial, it might help but mostly we’re seeking out the sites we want. We then appreciate the cooperation and ability to work together. Evan Doran: Echo. Common question for cities. Be clear about where you’re headed. Comp Plans can be fluffy – what do you really want? Who are you going to be, where are you trying to go? Does our project fit your direction? More clarity to your vision. We want to work with people who want to work with us. Ra’eesa Motala: And can back it up. Every city says they’ll work with us, but need that clarity. Mark Kunkel: Tour projects. If you like something, approach that developer. FUTURE WORK SESSION SCHEDULE The meeting adjourned at 6:50 pm. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen CITY COUNCIL STAFF REPORT Monday, August 23, 2021 Subject Receive Planning Commission Minutes dated July 20, 2021 Section CONSENT AGENDA Item No: D.2. Prepared By Jean Steckling, Senior Admin. Support Specialist File No:  PROPOSED MOTION “The City Council receives the Planning Commission Minutes dated July 20, 2021." Approval requires a Simple Majority Vote of members present. ATTACHMENTS: Planning Commission Minutes dated July 20, 2021 CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES JULY 20, 2021 CALL TO ORDER: Vice Chairman von Oven called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Laura Skistad, Eric Noyes, Mark von Oven, Erik Johnson, Doug Reeder, and Kelsey Alto MEMBERS ABSENT: Steven Weick STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; George Bender, Assistant City Engineer; Erik Henrickson, Project Engineer. PUBLIC PRESENT: Robert Boecker 610 W. 96th Street Gary & Lane Burdick 731 W. 96th Street Dr. Carissa Haverly 750 W. 96th Street Roger & Kim Lee 600 W. 96th Street Elaine & Johnnie Meyering 1050 Homestead Lane Andrew Riegert 620 W. 96th Street Martin Schutrop, Schutrop Building & Dev. Corp. 540 Lakota Lane, Chaska Chairman von Oven reviewed guidelines for conducting the Planning Commission meeting. Vice Chair von Oven stated both Public Hearings will go before the City Council on Monday, August 9, 2021. PUBLIC HEARING: CONSIDER A REQUEST TO REZONE PROPERTY FROM AGRICULTURAL ESTATE DISTRICT (A2) TO SINGLE-FAMILY RESIDENTIAL (RSF) AND SUBDIVISION OF PROPERTY INTO 21 SINGLE-FAMILY LOTS WITH VARIANCES AT 775 96TH STREET W. Senior Planner Generous presented the staff report on this item, noting the applicant is requesting the rezoning of the property, which would be consistent with the Comprehensive Plan and subdivision approval to create 21 single-family lots and several outlots with dedication of public right-of-way. The property is zoned Agricultural Estate District (A2) which is really a holding district in the community and is guided for residential low-density uses which permits densities of 1.2 to 4 units/acre. The proposed density of the part they are platting with the first phase would be 1.69 units/acre and is within the density range permitted by the Comprehensive Plan. There is a large wetland complex on the eastern portion of the property and a portion of the site is heavily wooded; the applicant has allowed the neighbors to use the wooded area as a walking area and permitted horse trails. Mr. Generous noted the RSF district is consistent with the Planning Commission Minutes – July 20, 2021 2 Comprehensive Plan and looked at other districts but none were really appropriate. Staff is in support of rezoning to RSF which is consistent with the land use and is also one of the most common for single-family homes in Chanhassen. The subdivision would create 21 single-family homes on the eastern part of the subdivision and replat the farm site; access would be via public streets from Eagle Ridge Road to the north and 96th Street to the south. City sewer and water would be extended into the project and would move the current lift station on the north side of the project to the very south side of the project and it will be sized sufficiently to handle additional sanitary sewer. As part of the development, the applicant is also providing stormwater treatment. As part of the first phase of development, there is not a lot of tree preservation as there is a huge knoll (shown onscreen) and to bring it down and make it suitable for development they will have to do quite a bit of grading so that entire area will be disturbed. Mr. Generous also noted another area to be disturbed to provide stormwater ponding. There is a significant amount of tree replacement that needs to be done and current analysis says that is 273 trees. Project Engineer, Erik Henricksen, presented and noted staff conducted a review of the grading and drainage plan and found that it is in general conformance with ordinances and standards. There are a few areas that would be “Do Not Disturb” areas, one being on Outlot A, a small portion on Lot 10, Block 1, to save an old, very significant oak tree, and some other preserved areas. Grading is proposed on Outlot E and the City is working with the developer’s engineers to see an exhibit of the ultimate build-out and grading plan for the area to be sure there is no adverse drainage impacts to the lots located on Block 2. Earlier this year, the property was issued grading Interim Use Permit #2021-03 for the dredging of a wetland north of the proposed development and the applicant is about midway through completion and there is a stockpile of wetland spoils which are not conducive to engineering fill or house pad support and they will want to ensure that is relocated or removed. Mr. Henricksen walked the Commissioners through public sanitary and water mains including 8” sanitary sewer, 12” trunk main, and relocation of an existing temporary lift station. Lift Station #20 at the end of W. 96th Street would be removed and all of the sanitary sewer after W. 96th Street is reconstructed would be accommodated with the oversizing of the new lift station. The applicant has provided preliminary designs for that lift station and it does prove feasible. The City is still working through plans to get a final location for the lift station. Finally, the oversizing of all of the public utilities required would be reimbursed by the City, including the 12” PVC trunk main and the lift station. Mr. Henricksen walked the Commissioners through public storm sewer and said the applicant’s approach to stormwater management is feasible through the use of a baffle, catch basin sumps, and filtration pond. Staff is working with the applicant to find a more ideal access to this public facility as right now it is located in backyards which can sometimes prove difficult to get access to for maintenance dredging. Street connectivity goes from the termination of Eagle Ridge Road with W. 96th Street which was a requirement from Public Works and Fire for emergency vehicle access. The applicant is asking for a variance from the typical street width which is proposed to be 26 feet wide rather than 31 feet wide because it is single loaded with houses on one side and to save additional trees. Staff recommends approval of that with the condition of a sidewalk installed on that portion. A nature trail is proposed with a mid-block crossing and staff is working with the developer to find a different location. Mr. Henricksen walked the Commissioners through potential street collector roads and design alternatives to improve the traffic flow. An ideal water tower location was noted on screen and spoke about as a W. 96th Street improvement tentatively scheduled for 2026. Planning Commission Minutes – July 20, 2021 3 Mr. Generous said there are four variance requests, of which three are from the Zoning ordinance. First, seven lots have less than 90 feet of frontage, however when they go back to the building point they all meet or exceed the 90 foot requirement so staff is in support of that. Second, they are requesting setback variances for Lot 1 which is the most northerly lot and is directly next to the Foxwood development and the front setback would match the smaller setbacks of that development; because it is between the roadway and the wetland they are also requesting a variance from the wetland setback on the back. Eagle Ridge Way is proposed to be a 26-foot wide road and staff is in support of all the variance requests with this development. Staff believes the applicant will be able to preserve wetlands in their current conditions. Staff is recommending approval of the rezoning, approval of the Preliminary Plat with variances for the street width and front yard setback, wetland setback, and street frontages subject to the conditions in the staff report, and adoption of the Findings of Fact and Recommendation. Commissioner Reeder asked the City’s frontage requirement. Mr. Generous replied it is 90 feet. Commissioner Reeder asked how small the lots are that are being asked for variances. Mr. Generous replied the smallest width was approximately 87 feet. He reiterated once they get to the 30-foot setback they meet or exceed the 90 feet of width. Vice Chairman von Oven asked on the proposed width of the street that needs the variance, are there any concerns with fire trucks or ambulances getting through that area? Mr. Henricksen noted there are no concerns from the Fire Department, and Fire Code does state the minimum width for private streets is about 20 feet. There are certain requirements that must be met, Fire performed a review, and there were no flags raised. Public Works and Engineering does not have a concern other than keeping pedestrians on a sidewalk and out of the street. Mr. Generous stated one side of the street will be signed as “no parking.” Vice Chairman von Oven asked to see the slide with concerns about water. He asked if staff could predict what the applicant will come back with for drainage and where the water will go. Mr. Henricksen noted the applicant provided sheets that show the detail of the high point in the back and demonstrated some routes on screen and stated they do want to ensure feasibility and ensure everything has been checked so there are no impacts to the existing lots. Vice Chairman von Oven asked, regarding the oversizing of the lift station, will that choice have any negative impacts on the residents of W. 96th Street, whether it is a temporary shutdown or changeover? Mr. Henricksen stated sewer and water should and will always be provided during construction and reconstruction of the W. 96th Street corridor. The oversizing of the lift station will be Planning Commission Minutes – July 20, 2021 4 oversized and built to accommodate when that construction occurs. He explained more about gravity, current lots, and future lots and the future lift station. Commissioner Reeder asked if there was a tree survey done and if he can see where the trees are currently and where they will be taken down. Mr. Generous explained the trees are all throughout the area. Mr. Henricksen showed a satellite view and explained tree coverage. Commissioner Reeder asked if there will be any trees left in the area they are currently developing. Mr. Generous replied, yes, and pointed out the areas on screen, including a large oak that they want to preserve. Commissioner Alto noted it was mentioned that the rezoning fits into the 2040 Comprehensive Plan and asked how many other areas there are in Chanhassen that could be up for development for that plan. Mr. Generous stated Residential Low Density (RLM) is the largest land use; west of Highway 101 is guided for RLM as well so once sewer and water becomes available they could redevelop. Commissioner Alto said it looks like the W. 96th Street neighborhood is older than Eagle Ridge. She asked if the developer knew the price point of the proposed development versus the price point of the houses below and above. Mr. Generous believes the same developer that did Foxwood is interested in this and the applicant could speak about that. A representative from Black Cherry Development, Tim Erhart, approached the podium and said he and his wife bought the property when they moved to Chanhassen in 1980 and moved onto the old farm site and rebuilt the house. He got into the hobby of growing, cultivating, and straightening trees, and building trails; they also built or restored seven ponds on the property and it has been a beautiful and fun nature project. He wants to see it properly incorporated into the enclave of south Chanhassen with trails and further pond development. He shared the history of how the project came to be and noted two years ago he had no notion of selling any of the land and a friend from Gonyea stated they had excess sewer capacity on the temporary lift station and were out of lots so asked if he would be willing to sell some land. He feels very comfortable about the project as it is today. He pointed out the last wetland that he wanted to restore is about halfway done. He noted, regarding trees, it was submitted that they would clear out all of the trees for the houses and that is not the case. Now that tree preserve will allow individual lot owners to optimize their lot, he believes that will lead to a lot less tree removal than shown on the plan. He loves trees and is working very hard to make it good. Regarding the prices of the homes, he believes other homes in Foxwood are going for $800,000-$950,000 although it is a tough question. Planning Commission Minutes – July 20, 2021 5 Vice Chairman von Oven opened the public hearing. Dr. Carissa Haverly, 750 W. 96th Street, had some concerns. First, she would ask the Planning Commission to understand that hooking up W. 96th Street to Eagle Ridge is because of the Fire Department requirement, but will drastically change the character of the neighborhood and traffic that flows through. It is a tight-knit community and everyone knows one another; she asked that the City be mindful of the decisions they are making and the way it will affect residents. Second, she had a grave concern in being forced to hook up to sewer and water and being charged a hefty assessment fee. She works three part-time jobs, her husband works full- time and part-time and if the City requires them to no longer use their well and sewer, it will cost them a lot of money. She is concerned that there may be others in the neighborhood that also fall into that category. Finally, Dr. Haverly said regarding the reconstruction of W. 96th Street to include sidewalks, her property is one of the end properties on the development and W. 96th Street goes onto her property and uses part of the utility easement. In looking through City Code, Section 18-64 through 18-77, Article 4 describes easements as the front 10 feet of one’s property provided for utilities. Division 5 Section 20-379 defines utilities as sewer, gas, electrical, and water systems but it does not say that the City may use her property for roads and sidewalks. She then did a search on eminent domain and could not find it. She wonders what recourse the City has for using her property for this street and sidewalks and every single resident will be giving up a hunk of their front yards in order to accommodate this, which is eminent domain and requires some fiscal compensation. Vice Chairman von Oven noted she keeps referring to 76th Street and he does not know what that is. Dr. Haverly replied she is nervous and she meant W. 96th Street. She asked to show the ghost plat of the subdivision and pointed out her property and utility easement; this does infringe on her property and they can definitely come to some kind of agreement or conclusion. Elaine Meyering, 1050 Homestead Lane, saw on the map that they are proposing a road through their cul-de-sac and stated they are against that and do not want that to go through. She noted on the map showing the future that a road may go through the cul-de-sac on Homestead Lane and on Flintlock Trail for future development of the area. If that happens, she wonders when and if they would be assessed fees for City sewer and water, as well as curb and gutter. She also asked if the properties would stay the way they are on Homestead Lane or rezoned into smaller lots. Commissioner Noyes asked to clarify in extending W. 96th Street to the west it appears that would potentially connect with Flintlock Trails and Homestead Lane both coming in from the south. Ms. Meyering replied yes. When looking at the map A, B, C, D, she asked if those are water towers. Mr. Henricksen said from the 2040 Comprehensive Plan this property was analyzed to have a water tower on it at some location and the developer’s engineer has provided three locations that Planning Commission Minutes – July 20, 2021 6 would meet the requirements. There will not be a need to install three water towers but there are three possible locations identified. He showed the most ideal location from staff’s point of view. Ms. Aanenson, Community Development Director, noted one of the first things staff does is to show a potential alignment for the street because it is in the Comprehensive Plan that the street must connect. The intention here is that it is transparent that there is a potential for connection. Will it happen? They will have to decide as the rest of the street comes in, and they know there is a potential for water sites so people can plan for that in the future. It is not the City’s intention to rezone the property on W. 96th Street nor to rezone the property south. The goal in moving forward is as systems fail (septic and sewer) there is another alternative to provide for those houses, as there have been situations where systems fail and people cannot sell their home. They are always planning for other options but does not mean that it has to go through at that time; they are saying there are options to provide sewer and water access to those and some of those decisions are also made by the Fire Department. She clarified today they are looking at this project to show what could happen over there. Kim Lee, 600 W. 96th Street, noted four bullet points on a document, regarding construction traffic on W. 96th Street. Included is further deterioration of the road, and she noted they would like to maintain the current cul-de-sac with no through traffic. The proposed construction access from Powers Boulevard in line with the current ghost plat, they know the construction is not just the first 21 houses but will eventually extend and all of that traffic will go on for 3-5 years as this is not something short-lived. If it was at least looked at through Powers, there is no one there, and then W. 96th Street won’t be affected until possibly 2026. She noted they know it is eventually coming, but none of those homes would be interrupted until that time. Chairman von Oven closed the public hearing. Commissioner Alto asked if it is determined that all construction traffic would enter through W. 96th Street or would it be split between Eagle Ridge. Mr. Henricksen replied ideally it would be split. It is not atypical for public right-of-ways to be used for construction access when they see developments extending from existing right-of-ways. Through construction planning to have two routes and access points to the development would be sought after. With W. 96th Street being slated for reconstruction in the future, it is an ideal location to have construction traffic. Commissioner Alto asked if it is possible to ask the developer to use the Powers connection as a construction road. Mr. Henricksen noted they looked at that possibility but found it infeasible with the proposed development and not necessarily prudent or reasonable. Commissioner Reeder asked what made it infeasible. Mr. Henricksen replied it comes into construction means and methods in looking at getting a delivery when there is a road that is unplatted and does not have addresses. Planning Commission Minutes – July 20, 2021 7 Assistant City Engineer, George Bender stated it is someone’s property and to make the requirement – rather than request – as a condition of the development goes to the reasonability of the request. Commissioner Noyes asked if the western part was being developed now, would the access come down W. 96th Street for construction? Mr. Henricksen replied no. It would come off Powers Boulevard. He noted reconstruction of W. 96th Street is highly contingent on the future developments. Mr. Generous clarified the westernmost portion is guided for office development; it is really market-driven and if someone wanted to come in and do that they would probably require making the connection from Powers Boulevard. He clarified there is a large ridge right there that will have to come down to meet the 7% slope requirements of the City. Commissioner Skistad asked if W. 96th Street is currently a mound and well system for sewer and water. Mr. Generous clarified they have sewer connection, but not everyone has water. Mr. Henricksen replied they have tanks in their backyard which then flow to the gravity system in W. 96th and then goes to Lift Station 20 and gets pumped across Highway 101 to another gravity system. It would be ideal to have a normal sewer pipe there as the tanks are an area of Infiltration and Inflow (I and I) so they are seeing surface water and ground water leeching into the sanitary system. It is an issue the City is dealing with as a whole but W. 96th Street has exhibited a higher I and I than normal and it is believed to be tied to the tank system tied in there. Commissioner Reeder asked what the policy is if and when they put that pipe in. Do they require a hook-up? Mr. Generous replied if one is within 150 feet of the sewer line, they are required to connect. A well may be maintained until it fails and then one cannot drill a new well but would have to connect. Mr. Henricksen believes the 150-foot requirement is also linked to new construction. Vice Chairman von Oven noted this Commission has approved two variances in the last six months in his neighborhood which has resulted in a ton of construction traffic and drives him nuts. However, it was the right thing to do because the variances followed the City plan and it is the right of the property owner to do with their property what is allowed by the City. From his point of view, the Commission has a set of plans and variances before it that do not vary widely from what the City expects and that a property owner is not going beyond their rights. He does not see anything on the map that City Code gives reason to say one cannot do that, which is also why he believes staff is recommending approval for City Council. Planning Commission Minutes – July 20, 2021 8 Commissioner Reeder thinks the construction traffic on W. 96th will be outrageous. He has lived with this in the past and he thinks it will be a large problem for the City for the five years it takes for things to be built. Vice Chairman von Oven does not disagree but he does not feel it is within their rights to force the property owner to go in through Powers. Commissioner Alto moved, Commissioner Johnson seconded that the Chanhassen Planning Commission recommends that the City Council approve the rezoning of the development from Agricultural Estate District (A2) to Single-Family Residential District (RSF); preliminary plat with variances for street width, front yard setback (Lot 1, Block 1), wetland setback (Lot 1, Block 1) and street frontages (Lots 3 through 9, Block 1) subject to the conditions of the staff report and adoption of the Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: CONSIDER A REQUEST TO REZONE PROPERTY FROM AGRICULTURAL ESTATE DISTRICT (A2) TO SINGLE-FAMILY RESIDENTIAL DISTRICT (RSF) AND SUBDIVISION APPROVAL OF TWO LOTS AND ONE OUTLOT WITH VARIANCES FOR A PRIVATE STREET AND PRIVATE STREET WIDTH AT 9197 EAGLE RIDGE ROAD Mr. Generous presented the staff report and said Planning Case #2021-15 is a rezoning and subdivision approval to create two lots, one for the existing home and the other for a new building site. The approval comes with variance requests for a private street, as currently the lot is accessed via a private street and they would extend that to serve the two lots. There is also a request to have less than a 20-foot wide private street because of retaining walls on site in the wetland. The site is guided for residential low density which permits densities of 1.2 to 4 units/acre. Sewer and water are stubbed to the end of the private street but are not connected to the homes. There are wetlands in the northeast and south side of the property. Mr. Generous spoke about utilities and tree removal. Mr. Henricksen reported there are no public utilities or street connections. As presented and shown, the grading plan is feasible and meets the ordinances. Construction plans will require some updates and will be reviewed during the building permit process. Mr. Generous stated City Code permits the use of private streets for up to four single-family homes. He advised the applicant that they need the Fire Marshal to sign off on the variance for design standards for a private street. The applicant is proposing to use wetland buffering which the Watershed District must approve. Staff is recommending approval of the rezoning and the subdivision with the variance for the private street and private street width subject to the conditions of the staff report and adoption of the Findings of Fact and Recommendation. Commissioner Skistad asked how long the private road would be. Planning Commission Minutes – July 20, 2021 9 Mr. Generous replied about 200-300 feet. Commissioner Alto asked if the trail across Highway 101 that plans to connect to Bandimere Park will be constructed. Mr. Generous replied not as part of this development. Currently, there is an underpass under Highway 101 and they would be looking for the connection in the future. Commissioner Noyes asked if that connection is in an easement or on an outlot that the City would own. Mr. Generous noted that is up to the developer. The City would prefer it as an outlot that the City would own, but if the developer wanted to keep it, then they could and place a drainage, utility, and trail easement for a future trail alignment. The Council discussed trail crossings and their preference is not to have trail crossings mid- block. Mr. Henricksen noted the newly formed Traffic Safety Committee developed earlier this year is developing a safe crosswalk policy which deals directly with mid-block crossings to have certain criteria for when and if they are installed and what type of improvement. Martin Schutrop, Schutrop Building, noted there will be a shared agreement on the driveway for maintenance and plowing. The current house has already been sold and will be remodeled and updated. Vice Chairman von Oven opened the public hearing. Vice Chairman von Oven closed the public hearing. Commissioner Noyes moved, Commissioner Skistad seconded that the Chanhassen Planning Commission recommend that the City Council approve the rezoning from Agricultural Estate District (A2) to Single-Family Residential District (RSF), a two-lot, one outlot subdivision with a variance for the use of a private street and private street width subject to the conditions of the staff report; and adoption of Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES: Commissioner Noyes noted the minutes of the Planning Commission meeting dated July 6, 2021 as presented. ADMINISTRATIVE PRESENTATIONS: Ms. Aanenson presented highlights of action taken by the City Council on planning matters. At the last Council meeting, the Avienda Final Plat was approved, and there was a Metes and Bounds subdivision for a salon. Regarding the interim use for the driving range, the City sent out Planning Commission Minutes – July 20, 2021 10 for jurisdictional review and received a response from the DNR that they had no comments from the Biology and Wildlife person. During the City Council meeting out of the blue, someone from the DNR Wildlife got up and noted he had no problems and had met with the applicant the previous Friday. The City sent a letter that it would have been nice if they had communicated that with them. ADJOURNMENT: Commissioner Noyes moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at 8:46 p.m. Submitted by Kate Aanenson Community Development Director CITY COUNCIL STAFF REPORT Monday, August 23, 2021 Subject Receive Senior Commission Minutes dated June 18, 2021 Section CONSENT AGENDA Item No: D.3. Prepared By Sharmeen Al­Jaff, Senior Planner File No:  PROPOSED MOTION “The City Council Receives the Senior Commission Minutes dated June 18, 2021.” Approval requires a Simple Majority Vote of members present. ATTACHMENTS: Senior Commission Minutes dated June 18, 2021 1 CHANHASSEN SENIOR COMMISSION MEETING MINUTES JUNE 18, 2021 MEMBERS PRESENT: Jerry Cerchia, Bhakti Modi, Ruth Lunde, Lisa Lyon, Linda Haight, Jim Camarata, Susan Kibler MEMBERS ABSENT: Dorina Tipton STAFF PRESENT : Senior Planner Sharmeen Al-Jaff, and Senior Center Coordinator Mary Blazanin GUESTS PRESENT: Dawn Plumer APPROVAL OF AGENDA: Commissioner Lunde moved to approve the Agenda. Commissioner Lyon seconded the motion. All voted in favor and the motion carried. SENIOR COMMISSION MINUTES: Commissioner Modi moved to approve the minutes dated May 21, 2021. Commissioner Kibler seconded the motion. All voted in favor and the motion carried. RETROSPECTIVE REVIEW OF 5/21 TRANSPORTATION PRESENTATION: The commission agreed that is community is very fortunate to have these services. More communication is needed to promote the programs. LAYING OUT AGING IN PLACE PLAN ROADMAP: Commissioner Lunde addressed the following items: 1. Resources and Organizations to potentially partner with 1.1. MN Board on Aging https://mn.gov/senior-linkage-line/older-adults/housing/aging- in-place/ 1.2. National Institute on Aging https://www.nia.nih.gov/health/aging-place-growing- older -home 1.3. Carver County 1.4. AARP https://www.aarp.org/livable-communities/learn/civic-community/info-12- 2012/the-center-for -aging-in-place-website.html 1.5. Twin Cities Habitat for Humanity’s Age Well at Home program https://home.tchabitat.org/age-well-at-home 1.6. Ridgeview and other healthcare organizations 1.7. Chanhassen Ace Hardware and other local stores 1.8. Local contractors 1.9. Technology organizations and those who might help with technology (e.g. those Mary B has brought in) 1.10. Meals on Wheels and other food providers Chanhassen Senior Commission Minutes – June 18, 2021 2 1.11. Transportation options (e.g. SW Transit, WeCAB, etc.) 1.12. Activities: Chanhassen Senior Center, Chanhassen Rec Center, Chaska, Facebook, etc. 1.13. Pharmacies and medication management. Options to manage medications 1.14. Churches and church related organizations to partner with 1.15. Pets for seniors 2. Thinking long term: Age in Place or another place at some point 2.1. What is important for the person long-term; timing of changes 2.2. Family or other caregivers. Difficult to find and keep good help. Paid or volunteer. Respite for caregivers 2.3. Financial planning and options such as reverse mortgages, long term care insurance, etc. 2.4. Accessory Dwelling Units (ADU’s) 2.5. Wills, Healthcare Directive, Financial Power of Attorney, other legal documents 3. Possible help for seniors if they cannot afford to pay for needed changes to Age in Place 3.1. Twin Cities Habitat for Humanity’s Age Well at Home program, if referred from Carver County (Elderly Waiver) or a Healthcare organization (Alina, Ridgeview, etc.) 3.2. Carver County CDA Rehabilitation Loan Program for homeowners within the limits for income ($21k for 1 person household, $24k for 2) and assets ($25k or less) 3.3. Rent part of their space or Home Sharing 4. Communication 4.1. Offer sessions at the Chanhassen Senior Center for learning and discussion 4.2. Chanhassen city website 4.3. Emails from Mary B 4.4. Chanhassen Villager newspaper, series of articles 4.5. Real life examples, people to share their experience 4.6. Resource document 4.7. Facebook group, Chanhassen Seniors Mary Blazanin stated that she is working on scheduling classes pertaining to Aging in Place. She has connected with the National Aging in Place Council. Classes will be offered during the month of October. JULY 3RD BUISINESS EXPO-ACT ON ALZHEIMER’S Commissioners Modi and Lyon volunteered to staff the table. MEMORIAL DAY UPDATE-MONDAY, MAY 31, 2021 Chairman Cerchia and Commissioner Kibler volunteer ed at the Memorial Day event. The Commission raised $952.00 for the Veterans Court. Chanhassen Senior Commission Minutes – June 18, 2021 3 KNOW THE VACCINIATION FACTS UPDATE MAY 27, PANEL DISCUSSION: The attendance was very slim. The session was recorded. Commissioners Modi and Camarata were part of the event and shared their experience. WEDNESDAYS – COFFEE AND ROLLS ON THE PLAZA, 9-10 AM-HOSTS NEEDED: Staff explained that volunteers were needed for the month of July. Most of the dates were filled by members of the Senior Advisory Board and Commissioner Kibler. SENIOR COMMISSION COMMENTS: Lee Newcomb, who is a senior center attendee, donated prints of paintings he drew to raise funds for the Senior Center. ADJOURNMENT: Chairman Cerchia called for meeting adjournment. Commissioner Camarata move to adjourn; Commissioner Modi seconded the motion. All voted in favor and the motion carried. Prepared and submitted by Sharmeen Al-Jaff CITY COUNCIL STAFF REPORT Monday, August 23, 2021 Subject Approve Claims Paid 08­23­2021 Section CONSENT AGENDA Item No: D.4. Prepared By Kelly Strey, Finance Director File No:  SUMMARY The following claims are submitted for review and approval on August 23, 2021: Check Numbers Amounts 175890 – 175966 $448,331.26 ACH Payments 245,988.08 Total All Claims $694,319.34 ATTACHMENTS: Check Summary Check Summary ACH Check Detail Check Detail ACH Accounts Payable User: Printed: dwashburn 8/13/2021 9:26 AM Checks by Date - Summary by Check Number Check No Check DateVendor NameVendor No Void Checks Check Amount AluDes A Lutz Designs, LLC 08/05/2021 0.00 250.00175890 aftonst Afton St. Croix Co 08/05/2021 0.00 1,757.61175891 ARAMAR ARAMARK Refreshment Services, LLC 08/05/2021 0.00 1,604.96175892 BCATRA BCA 08/05/2021 0.00 15.00175893 BreZen Breth-Zenzen Fire Protection 08/05/2021 0.00 10.95175894 EmbMinn CENTURYLINK 08/05/2021 0.00 1,837.52175895 COLWMELI Melinda Colwell 08/05/2021 0.00 360.00175896 EdiHea Edina Heating & Cooling Inc 08/05/2021 0.00 645.00175897 FreJak Jake Freeland 08/05/2021 0.00 400.00175898 GloEqu Global Equipment Company 08/05/2021 0.00 394.33175899 GOOBRA GOODYEAR BRAD RAGAN TIRE 08/05/2021 0.00 460.08175900 GRABAR GRAYBAR 08/05/2021 0.00 623.78175901 GriNan Nancy Griffith 08/05/2021 0.00 29.00175902 HigBui Highmark Builders, Inc 08/05/2021 0.00 15,203.00175903 JenkJoel JOEL JENKINS 08/05/2021 0.00 204.00175904 LANEQ1 Lano Equipment 08/05/2021 0.00 13,106.63175905 MasCon Mason Construction Services LLC 08/05/2021 0.00 250.00175906 McGrath McGrath Consulting Group 08/05/2021 0.00 5,000.00175907 MchKev Kevin & Heather Mchale 08/05/2021 0.00 250.00175908 MNSaf Minnesota Safety Council 08/05/2021 0.00 391.00175909 PRAELE PRAIRIE ELECTRIC COMPANY 08/05/2021 0.00 1,550.00175910 PraVara Vara Prasad Kuntla 08/05/2021 0.00 85.25175911 RMBENV RMB Environmental Laboratories Inc 08/05/2021 0.00 104.00175912 RosVic Vincent Rose 08/05/2021 0.00 400.00175913 SSDEVE S&S Development LLP 08/05/2021 0.00 85,841.00175914 SCHURENE Renee Or Marc SCHUBBE 08/05/2021 0.00 250.00175915 SheCal Cal Shelangoski 08/05/2021 0.00 2,500.00175916 SimJes Jessica Simanton 08/05/2021 0.00 122.61175917 SOFHOU SOFTWARE HOUSE INTERNATIONAL 08/05/2021 0.00 1,759.60175918 pritan Priya Tandon 08/05/2021 0.00 5.00175919 TimSav TimeSaver Off Site Secretarial, Inc 08/05/2021 0.00 709.00175920 WSDPER WS & D PERMIT SERVICE 08/05/2021 0.00 201.36175921 UB*02261 STEVEN AHLQUIST 08/12/2021 0.00 31.31175922 UB*02269 JESSICA & JOHN ALLDREDGE 08/12/2021 0.00 88.24175923 ALLSTR ALLSTREAM 08/12/2021 0.00 490.84175924 AppCon Appliance Connections, Inc.08/12/2021 0.00 35.94175925 UB*02264 ATTORNEY'S TITLE GROUP 08/12/2021 0.00 21.70175926 UB*02257 GREG & JENNIFER BERG 08/12/2021 0.00 69.90175927 UB*02254 BURNET TITLE 08/12/2021 0.00 16.00175928 CENENE CENTERPOINT ENERGY MINNEGASCO 08/12/2021 0.00 524.35175929 CenLin CenturyLink 08/12/2021 0.00 64.00175930 UB*02268 JOHN COSTELLO 08/12/2021 0.00 12.38175931 CUBFOO CUB FOODS 08/12/2021 0.00 63.13175932 CUTABO CUT ABOVE INC 08/12/2021 0.00 660.00175933 UB*02270 ANDREW DEMOTT 08/12/2021 0.00 28.68175934 DocSig DocuSign 08/12/2021 0.00 5,574.00175935 UB*02265 EDGEWATER TITLE GROUP 08/12/2021 0.00 21.49175936 Page 1AP Checks by Date - Summary by Check Number (8/13/2021 9:26 AM) Check No Check DateVendor NameVendor No Void Checks Check Amount EscFir Escape Fire Protection LLC 08/12/2021 0.00 7.84175937 ferwat Ferguson Waterworks #2518 08/12/2021 0.00 49,500.00175938 GREMEA GREEN MEADOWS INC 08/12/2021 0.00 961.01175939 GriSta Grill Star Catering 08/12/2021 0.00 1,444.73175940 HENCHE HENNEPIN COUNTY FIRE CHIEF'S ASSN08/12/2021 0.00 100.00175941 Loc49 IUOE Local #49 08/12/2021 0.00 595.00175942 UB*02271 LAKE COUNTRY BUILDERS 08/12/2021 0.00 33.15175943 UB*02272 LENDSERV-ELK RIVER 08/12/2021 0.00 34.46175944 UB*02267 ADAM LOKEN 08/12/2021 0.00 32.34175945 UB*02255 PATRICK & KATHLEEN LYNCH 08/12/2021 0.00 6.39175946 MCDCON MCDONALD CONSTRUCTION 08/12/2021 0.00 1,500.00175947 McNRic Rick McNutt 08/12/2021 0.00 72.00175948 MetHol Metronet Holdings, LLC 08/12/2021 0.00 56.31175949 METCO2 METROPOLITAN COUNCIL 08/12/2021 0.00 205,291.66175950 UB*02253 MINNESOTA TITLE 08/12/2021 0.00 300.06175951 MNMEc MN Mechanical Solution, Inc 08/12/2021 0.00 16,100.00175952 NCPERS MN NCPERS LIFE INSURANCE 08/12/2021 0.00 112.00175953 PILDRY PILGRIM DRY CLEANERS 08/12/2021 0.00 541.01175954 UB*02260 JAMES RADTKE 08/12/2021 0.00 122.11175955 UB*02256 REALTECH TITLE LLC 08/12/2021 0.00 42.92175956 RyanElis Elise Ryan 08/12/2021 0.00 438.80175957 SAFCON SAFEASSURE CONSULTANTS INC 08/12/2021 0.00 9,178.64175958 TheHart The Hartford 08/12/2021 0.00 1,401.02175959 UB*02262 SRINIVAS & PRASANTHI THOTA 08/12/2021 0.00 104.13175960 UB*02263 TITLE CHOICE 08/12/2021 0.00 113.07175961 WastMana Waste Management of Minnesota, Inc 08/12/2021 0.00 1,847.63175962 UB*02258 WATERMARK TITLE AGENCY 08/12/2021 0.00 411.63175963 UB*02259 Watermark Title Agency 08/12/2021 0.00 84.73175964 UB*02266 WATERMARK TITLE AGENCY 08/12/2021 0.00 400.04175965 WIDCON WIDMER CONSTRUCTION 08/12/2021 0.00 13,475.94175966 Report Total (77 checks): 448,331.26 0.00 Page 2AP Checks by Date - Summary by Check Number (8/13/2021 9:26 AM) Accounts Payable Checks by Date - Summary by Check User:dwashburn Printed: 8/13/2021 9:29 AM Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH AFLAC American Family Life Assurance Company of Columbus 08/05/2021 0.00 39.78 ACH ANCTEC ANCOM COMMUNICATIONS 08/05/2021 0.00 764.25 ACH BOLMEN BOLTON & MENK INC 08/05/2021 0.00 530.00 ACH carcou Carver County 08/05/2021 0.00 29,921.36 ACH EMEAPP EMERGENCY APPARATUS MAINT. INC 08/05/2021 0.00 60.30 ACH GOPSTA GOPHER STATE ONE-CALL INC 08/05/2021 0.00 880.20 ACH HAWCHE HAWKINS CHEMICAL 08/05/2021 0.00 4,401.76 ACH INDLAN Indoor Landscapes Inc 08/05/2021 0.00 187.00 ACH InnOff Innovative Office Solutions LLC 08/05/2021 0.00 940.73 ACH KIMHOR KIMLEY HORN AND ASSOCIATES INC 08/05/2021 0.00 56,711.77 ACH MINCON SUMMIT COMPANIES 08/05/2021 0.00 500.00 ACH MVEC MN VALLEY ELECTRIC COOP 08/05/2021 0.00 5,538.16 ACH NAPA NAPA AUTO & TRUCK PARTS 08/05/2021 0.00 122.28 ACH OREAUT O'Reilly Automotive Inc 08/05/2021 0.00 98.67 ACH RBMSER RBM SERVICES INC 08/05/2021 0.00 7,266.10 ACH UniAth Universal Athletic Services, Inc. 08/05/2021 0.00 599.88 ACH USABLU USA BLUE BOOK 08/05/2021 0.00 499.80 ACH WATSON WATSON COMPANY 08/05/2021 0.00 617.57 ACH WAYTEK WAYTEK INC 08/05/2021 0.00 100.68 ACH WMMUE WM MUELLER & SONS INC 08/05/2021 0.00 2,834.52 ACH ZIEGLE ZIEGLER INC 08/05/2021 0.00 496.04 ACH ADAPES ADAM'S PEST CONTROL INC 08/12/2021 0.00 131.25 ACH AMEENG AMERICAN ENGINEERING TESTING 08/12/2021 0.00 11,066.93 ACH HokkLaur Laurie A. Hokkanen 08/12/2021 0.00 845.60 ACH JEFFIR JEFFERSON FIRE SAFETY INC 08/12/2021 0.00 11,689.20 ACH KIMHOR KIMLEY HORN AND ASSOCIATES INC 08/12/2021 0.00 81,134.51 ACH MERACE MERLINS ACE HARDWARE 08/12/2021 0.00 1,269.09 ACH PotMN Potentia MN Solar 08/12/2021 0.00 11,395.21 ACH PREMRM PRECISE MRM LLC 08/12/2021 0.00 186.05 ACH SunLif Sun Life Financial 08/12/2021 0.00 1,613.47 ACH TWISEE TWIN CITY SEED CO. 08/12/2021 0.00 187.50 ACH VERIZO VERIZON WIRELESS 08/12/2021 0.00 5,382.11 ACH WSB WSB & ASSOCIATES INC 08/12/2021 0.00 7,944.00 ACH WWGRA WW GRAINGER INC 08/12/2021 0.00 32.31 Report Total:0.00 245,988.08 Page 1 of 1 Accounts Payable Check Detail-Checks User: dwashburn Printed: 08/13/2021 - 9:35 AM Name Check Da Account Description Amount A Lutz Designs, LLC 08/05/2021 101-0000-2073 Erosion Control - 2054 Paisley Path - Permit 2021-02386 250.00 A Lutz Designs, LLC 250.00 Afton St. Croix Co 08/05/2021 101-1560-4300 Lunch cruise 1,757.61 Afton St. Croix Co 1,757.61 AHLQUIST STEVEN 08/12/2021 700-0000-2020 Refund Check 1.83 AHLQUIST STEVEN 08/12/2021 700-0000-2020 Refund Check 11.81 AHLQUIST STEVEN 08/12/2021 701-0000-2020 Refund Check 14.89 AHLQUIST STEVEN 08/12/2021 720-0000-2020 Refund Check 2.78 AHLQUIST STEVEN 31.31 ALLDREDGE JESSICA & JOHN 08/12/2021 700-0000-2020 Refund Check 40.28 ALLDREDGE JESSICA & JOHN 08/12/2021 701-0000-2020 Refund Check 36.64 ALLDREDGE JESSICA & JOHN 08/12/2021 720-0000-2020 Refund Check 9.91 ALLDREDGE JESSICA & JOHN 08/12/2021 700-0000-2020 Refund Check 1.41 ALLDREDGE JESSICA & JOHN 88.24 ALLSTREAM 08/12/2021 101-1160-4300 Mitel Phone System Maintenance 490.84 ALLSTREAM 490.84 Appliance Connections, Inc.08/12/2021 101-0000-2033 Double Payment - Permit # P2021-04432 - 2028 Clover Ct 35.94 Appliance Connections, Inc. 35.94 ARAMARK Refreshment Services, LLC 08/05/2021 101-1170-4110 Coffee 787.00 ARAMARK Refreshment Services, LLC 08/05/2021 101-1170-4110 Coffee 73.99 ARAMARK Refreshment Services, LLC 08/05/2021 101-1170-4110 Coffee 108.50 ARAMARK Refreshment Services, LLC 08/05/2021 101-1170-4110 Coffee 518.98 ARAMARK Refreshment Services, LLC 08/05/2021 101-1170-4110 Water Filter 56.50 ARAMARK Refreshment Services, LLC 08/05/2021 101-1170-4110 Water Filter 59.99 ARAMARK Refreshment Services, LLC 1,604.96 ATTORNEY'S TITLE GROUP 08/12/2021 700-0000-2020 Refund Check 5.49 ATTORNEY'S TITLE GROUP 08/12/2021 701-0000-2020 Refund Check 14.13 ATTORNEY'S TITLE GROUP 08/12/2021 720-0000-2020 Refund Check 1.34 ATTORNEY'S TITLE GROUP 08/12/2021 700-0000-2020 Refund Check 0.74 ATTORNEY'S TITLE GROUP 21.70 BCA 08/05/2021 101-1120-4300 Criminal Background Investigation 15.00 Accounts Payable - Check Detail-Checks (08/13/2021 - 9:35 AM)Page 1 of 9 Name Check Da Account Description Amount BCA 15.00 BERG GREG & JENNIFER 08/12/2021 700-0000-2020 Refund Check 26.63 BERG GREG & JENNIFER 08/12/2021 701-0000-2020 Refund Check 28.20 BERG GREG & JENNIFER 08/12/2021 720-0000-2020 Refund Check 13.19 BERG GREG & JENNIFER 08/12/2021 700-0000-2020 Refund Check 1.88 BERG GREG & JENNIFER 69.90 Breth-Zenzen Fire Protection 08/05/2021 101-0000-2033 Overpayment - Permit # P2021-04324 10.95 Breth-Zenzen Fire Protection 10.95 BURNET TITLE 08/12/2021 700-0000-2020 Refund Check 6.68 BURNET TITLE 08/12/2021 701-0000-2020 Refund Check 7.31 BURNET TITLE 08/12/2021 720-0000-2020 Refund Check 1.15 BURNET TITLE 08/12/2021 700-0000-2020 Refund Check 0.86 BURNET TITLE 16.00 CENTERPOINT ENERGY MINNEGASCO 08/12/2021 700-7019-4320 Monthly Service -21.90 CENTERPOINT ENERGY MINNEGASCO 08/12/2021 700-7019-4320 Monthly Service 30.00 CENTERPOINT ENERGY MINNEGASCO 08/12/2021 101-1170-4320 Monthly Service -13.69 CENTERPOINT ENERGY MINNEGASCO 08/12/2021 101-1170-4320 Monthly Service 102.26 CENTERPOINT ENERGY MINNEGASCO 08/12/2021 700-7043-4320 Monthly Service 75.00 CENTERPOINT ENERGY MINNEGASCO 08/12/2021 101-1190-4320 Monthly Service 263.36 CENTERPOINT ENERGY MINNEGASCO 08/12/2021 701-0000-4320 Monthly Service 22.94 CENTERPOINT ENERGY MINNEGASCO 08/12/2021 101-1600-4320 Monthly Service 20.00 CENTERPOINT ENERGY MINNEGASCO 08/12/2021 101-1550-4320 Monthly Service -4.34 CENTERPOINT ENERGY MINNEGASCO 08/12/2021 101-1550-4320 Monthly Service 30.00 CENTERPOINT ENERGY MINNEGASCO 08/12/2021 700-0000-4320 Monthly Service 20.72 CENTERPOINT ENERGY MINNEGASCO 524.35 CenturyLink 08/12/2021 700-0000-4310 Monthly Service 32.00 CenturyLink 08/12/2021 701-0000-4310 Monthly Service 32.00 CENTURYLINK 08/05/2021 101-1190-4310 Monthly Service 127.20 CENTURYLINK 08/05/2021 101-1540-4310 Monthly Service 95.40 CENTURYLINK 08/05/2021 700-0000-4310 Monthly Service 15.12 CENTURYLINK 08/05/2021 700-7019-4310 Monthly Service 210.28 CENTURYLINK 08/05/2021 701-0000-4310 Monthly Service 15.13 CENTURYLINK 08/05/2021 101-1160-4320 Monthly Service 250.00 CENTURYLINK 08/05/2021 101-1170-4310 Monthly Service 842.67 CENTURYLINK 08/05/2021 700-0000-4310 Monthly Service 6.36 CENTURYLINK 08/05/2021 701-0000-4310 Monthly Service 6.36 CENTURYLINK 08/05/2021 101-1550-4310 Monthly Service 30.04 CENTURYLINK 08/05/2021 101-1350-4310 Monthly Service 30.04 CENTURYLINK 08/05/2021 101-1220-4310 Monthly Service 33.04 CENTURYLINK 08/05/2021 101-1370-4310 Monthly Service 50.88 CENTURYLINK 08/05/2021 101-1160-4320 Monthly Service 125.00 CENTURYLINK 1,901.52 Colwell Melinda 08/05/2021 101-1560-4300 Maj Jongg Instruction 360.00 Accounts Payable - Check Detail-Checks (08/13/2021 - 9:35 AM)Page 2 of 9 Name Check Da Account Description Amount Colwell Melinda 360.00 COSTELLO JOHN 08/12/2021 700-0000-2020 Refund Check 1.04 COSTELLO JOHN 08/12/2021 700-0000-2020 Refund Check 5.04 COSTELLO JOHN 08/12/2021 701-0000-2020 Refund Check 5.67 COSTELLO JOHN 08/12/2021 720-0000-2020 Refund Check 0.63 COSTELLO JOHN 12.38 CUB FOODS 08/12/2021 101-1220-4290 Supplies 17.01 CUB FOODS 08/12/2021 101-1220-4290 Supplies 37.14 CUB FOODS 08/12/2021 101-1220-4290 Supplies 8.98 CUB FOODS 63.13 CUT ABOVE INC 08/12/2021 720-7202-4300 Kerber Blvd Tree Removal 660.00 CUT ABOVE INC 660.00 DEMOTT ANDREW 08/12/2021 700-0000-2020 Refund Check 20.49 DEMOTT ANDREW 08/12/2021 701-0000-2020 Refund Check 5.00 DEMOTT ANDREW 08/12/2021 720-0000-2020 Refund Check 2.79 DEMOTT ANDREW 08/12/2021 700-0000-2020 Refund Check 0.40 DEMOTT ANDREW 28.68 DocuSign 08/12/2021 101-1160-4300 DocuSign e-Signature & Notary Services 5,574.00 DocuSign 5,574.00 EDGEWATER TITLE GROUP 08/12/2021 700-0000-2020 Refund Check 8.48 EDGEWATER TITLE GROUP 08/12/2021 701-0000-2020 Refund Check 10.46 EDGEWATER TITLE GROUP 08/12/2021 720-0000-2020 Refund Check 1.64 EDGEWATER TITLE GROUP 08/12/2021 700-0000-2020 Refund Check 0.91 EDGEWATER TITLE GROUP 21.49 Edina Heating & Cooling Inc 08/05/2021 101-1170-4510 Service Work - Server Room 325.00 Edina Heating & Cooling Inc 08/05/2021 700-7019-4510 Service Work 320.00 Edina Heating & Cooling Inc 645.00 Escape Fire Protection LLC 08/12/2021 101-0000-2033 Overpayment - Permit # P2021-04395 - 851 W 78th Street 7.84 Escape Fire Protection LLC 7.84 Ferguson Waterworks #2518 08/12/2021 700-0000-4250 Meters 45,000.00 Ferguson Waterworks #2518 08/12/2021 700-0000-4250 Meters 4,500.00 Ferguson Waterworks #2518 49,500.00 Freeland Jake 08/05/2021 101-1560-4300 Speaker Fee 400.00 Freeland Jake 400.00 Global Equipment Company 08/05/2021 101-1530-4120 Equipment 327.78 Accounts Payable - Check Detail-Checks (08/13/2021 - 9:35 AM)Page 3 of 9 Name Check Da Account Description Amount Global Equipment Company 08/05/2021 101-1530-4150 Materials 66.55 Global Equipment Company 394.33 GOODYEAR BRAD RAGAN TIRE 08/05/2021 101-1550-4120 Supplies 460.08 GOODYEAR BRAD RAGAN TIRE 460.08 GRAYBAR 08/05/2021 101-1350-4120 Supplies 623.78 GRAYBAR 623.78 GREEN MEADOWS INC 08/12/2021 101-1260-4300 Lawn Service - 745 Pleasant View Rd 961.01 GREEN MEADOWS INC 961.01 Griffith Nancy 08/05/2021 101-1560-4300 Drivers Safety Course Refund 29.00 Griffith Nancy 29.00 Grill Star Catering 08/12/2021 101-1120-4370 Employee Picnic 56.20 Grill Star Catering 08/12/2021 101-1130-4370 Employee Picnic 45.91 Grill Star Catering 08/12/2021 101-1160-4370 Employee Picnic 36.12 Grill Star Catering 08/12/2021 101-1250-4370 Employee Picnic 112.38 Grill Star Catering 08/12/2021 101-1310-4370 Employee Picnic 82.84 Grill Star Catering 08/12/2021 101-1320-4370 Employee Picnic 208.69 Grill Star Catering 08/12/2021 101-1370-4370 Employee Picnic 47.35 Grill Star Catering 08/12/2021 101-1520-4370 Employee Picnic 16.05 Grill Star Catering 08/12/2021 101-1530-4370 Employee Picnic 16.05 Grill Star Catering 08/12/2021 101-1560-4370 Employee Picnic 16.06 Grill Star Catering 08/12/2021 101-1600-4370 Employee Picnic 28.90 Grill Star Catering 08/12/2021 101-1700-4370 Employee Picnic 3.21 Grill Star Catering 08/12/2021 101-1550-4370 Employee Picnic 308.92 Grill Star Catering 08/12/2021 101-1420-4370 Employee Picnic 73.05 Grill Star Catering 08/12/2021 101-1430-4370 Employee Picnic 4.02 Grill Star Catering 08/12/2021 210-0000-4370 Employee Picnic 20.07 Grill Star Catering 08/12/2021 720-7201-4370 Employee Picnic 8.03 Grill Star Catering 08/12/2021 720-7202-4370 Employee Picnic 8.03 Grill Star Catering 08/12/2021 101-1170-4370 Employee Picnic 16.05 Grill Star Catering 08/12/2021 101-1220-4370 Employee Picnic 48.17 Grill Star Catering 08/12/2021 701-0000-4370 Employee Picnic 106.03 Grill Star Catering 08/12/2021 700-0000-4370 Employee Picnic 138.14 Grill Star Catering 08/12/2021 720-0000-4370 Employee Picnic 44.46 Grill Star Catering 1,444.73 HENNEPIN COUNTY FIRE CHIEF'S ASSN08/12/2021 101-1220-4360 Membership Dues 100.00 HENNEPIN COUNTY FIRE CHIEF'S ASSN 100.00 Highmark Builders, Inc 08/05/2021 101-0000-2075 Landscape Escrow - Permit 2020-04065 - 7580 Dogwood Road 9,203.00 Highmark Builders, Inc 08/05/2021 101-0000-2073 Erosion Control - Permit 2020-04065 - 7580 Dogwood Road 6,000.00 Highmark Builders, Inc 15,203.00 IUOE Local #49 08/12/2021 101-0000-2004 PR Batch 00412.08.2021 Local 49 dues 378.02 Accounts Payable - Check Detail-Checks (08/13/2021 - 9:35 AM)Page 4 of 9 Name Check Da Account Description Amount IUOE Local #49 08/12/2021 700-0000-2004 PR Batch 00412.08.2021 Local 49 dues 159.71 IUOE Local #49 08/12/2021 701-0000-2004 PR Batch 00412.08.2021 Local 49 dues 57.27 IUOE Local #49 595.00 JENKINS JOEL 08/05/2021 101-1766-4300 Adult Softball Umpire 204.00 JENKINS JOEL 204.00 LAKE COUNTRY BUILDERS 08/12/2021 700-0000-2020 Refund Check 12.65 LAKE COUNTRY BUILDERS 08/12/2021 701-0000-2020 Refund Check 9.86 LAKE COUNTRY BUILDERS 08/12/2021 720-0000-2020 Refund Check 9.31 LAKE COUNTRY BUILDERS 08/12/2021 700-0000-2020 Refund Check 1.33 LAKE COUNTRY BUILDERS 33.15 Lano Equipment 08/05/2021 400-0000-4705 Bobcat 9,709.63 Lano Equipment 08/05/2021 400-0000-4705 Bobcat Snow Blade 3,397.00 Lano Equipment 13,106.63 LENDSERV-ELK RIVER 08/12/2021 700-0000-2020 Refund Check 7.33 LENDSERV-ELK RIVER 08/12/2021 701-0000-2020 Refund Check 13.77 LENDSERV-ELK RIVER 08/12/2021 720-0000-2020 Refund Check 11.70 LENDSERV-ELK RIVER 08/12/2021 700-0000-2020 Refund Check 1.66 LENDSERV-ELK RIVER 34.46 LOKEN ADAM 08/12/2021 720-0000-2020 Refund Check 32.34 LOKEN ADAM 32.34 LYNCH PATRICK & KATHLEEN 08/12/2021 720-0000-2020 Refund Check 3.50 LYNCH PATRICK & KATHLEEN 08/12/2021 700-0000-2020 Refund Check 2.89 LYNCH PATRICK & KATHLEEN 6.39 Mason Construction Services LLC 08/05/2021 101-0000-2073 Erosion Control - Permit 2021-03214 - 381 Trappers Pass 250.00 Mason Construction Services LLC 250.00 MCDONALD CONSTRUCTION 08/12/2021 101-0000-2075 Landscape Escrow - 1621 Anthem - Permit # 2019-03255 750.00 MCDONALD CONSTRUCTION 08/12/2021 101-0000-2075 Landscape Escrow - 1591 Anthem Place - Permit 2020-01933 750.00 MCDONALD CONSTRUCTION 1,500.00 McGrath Consulting Group 08/05/2021 101-1120-4300 Payment for contract 5,000.00 McGrath Consulting Group 5,000.00 Mchale Kevin & Heather 08/05/2021 101-0000-2073 Erosion Control - Permit # 2020-01527 250.00 Mchale Kevin & Heather 250.00 McNutt Rick 08/12/2021 101-1540-3635 Boat Rental Late Fee Refund 67.05 McNutt Rick 08/12/2021 101-0000-2021 Boat Rental Late Fee Refund 4.95 Accounts Payable - Check Detail-Checks (08/13/2021 - 9:35 AM)Page 5 of 9 Name Check Da Account Description Amount McNutt Rick 72.00 Metronet Holdings, LLC 08/12/2021 700-7043-4310 Monthly Service 56.31 Metronet Holdings, LLC 56.31 METROPOLITAN COUNCIL 08/12/2021 701-0000-4509 Waste Water 205,291.66 METROPOLITAN COUNCIL 205,291.66 Minnesota Safety Council 08/05/2021 101-1560-4300 Driver 55 Class 138.00 Minnesota Safety Council 08/05/2021 101-1560-4300 Driver 55 Class 253.00 Minnesota Safety Council 391.00 MINNESOTA TITLE 08/12/2021 700-0000-2020 Refund Check 213.88 MINNESOTA TITLE 08/12/2021 701-0000-2020 Refund Check 65.80 MINNESOTA TITLE 08/12/2021 720-0000-2020 Refund Check 17.89 MINNESOTA TITLE 08/12/2021 700-0000-2020 Refund Check 2.49 MINNESOTA TITLE 300.06 MN Mechanical Solution, Inc 08/12/2021 700-7025-4705 Service Work 16,100.00 MN Mechanical Solution, Inc 16,100.00 MN NCPERS LIFE INSURANCE 08/12/2021 101-0000-2011 PR Batch 00412.08.2021 NCPERS-Life Insurance 78.43 MN NCPERS LIFE INSURANCE 08/12/2021 210-0000-2011 PR Batch 00412.08.2021 NCPERS-Life Insurance 3.97 MN NCPERS LIFE INSURANCE 08/12/2021 700-0000-2011 PR Batch 00412.08.2021 NCPERS-Life Insurance 13.59 MN NCPERS LIFE INSURANCE 08/12/2021 701-0000-2011 PR Batch 00412.08.2021 NCPERS-Life Insurance 13.61 MN NCPERS LIFE INSURANCE 08/12/2021 720-0000-2011 PR Batch 00412.08.2021 NCPERS-Life Insurance 2.40 MN NCPERS LIFE INSURANCE 112.00 PILGRIM DRY CLEANERS 08/12/2021 101-1220-4300 Monthly Dry Cleaning 541.01 PILGRIM DRY CLEANERS 541.01 PRAIRIE ELECTRIC COMPANY 08/05/2021 701-0000-4551 Service Work 1,550.00 PRAIRIE ELECTRIC COMPANY 1,550.00 Prasad Kuntla Vara 08/05/2021 720-7204-4901 Waterwise Rebate 85.25 Prasad Kuntla Vara 85.25 RADTKE JAMES 08/12/2021 720-0000-2020 Refund Check 22.09 RADTKE JAMES 08/12/2021 700-0000-2020 Refund Check 3.15 RADTKE JAMES 08/12/2021 700-0000-2020 Refund Check 44.83 RADTKE JAMES 08/12/2021 701-0000-2020 Refund Check 52.04 RADTKE JAMES 122.11 REALTECH TITLE LLC 08/12/2021 701-0000-2020 Refund Check 28.31 REALTECH TITLE LLC 08/12/2021 720-0000-2020 Refund Check 12.79 REALTECH TITLE LLC 08/12/2021 700-0000-2020 Refund Check 1.82 Accounts Payable - Check Detail-Checks (08/13/2021 - 9:35 AM)Page 6 of 9 Name Check Da Account Description Amount REALTECH TITLE LLC 42.92 RMB Environmental Laboratories Inc 08/05/2021 720-0000-4300 Beach Monitoring 104.00 RMB Environmental Laboratories Inc 104.00 Rose Vincent 08/05/2021 101-1620-4300 Concert Series Performance 400.00 Rose Vincent 400.00 Ryan Elise 08/12/2021 101-1110-4370 Conference 438.80 Ryan Elise 438.80 S&S Development LLP 08/05/2021 101-0000-2076 Security Escrow - 8600 Shelby Court - Holasek Business Park 85,841.00 S&S Development LLP 85,841.00 SAFEASSURE CONSULTANTS INC 08/12/2021 101-1320-4300 Safety Training 1,376.80 SAFEASSURE CONSULTANTS INC 08/12/2021 101-1370-4300 Safety Training 917.85 SAFEASSURE CONSULTANTS INC 08/12/2021 101-1550-4300 Safety Training 2,753.59 SAFEASSURE CONSULTANTS INC 08/12/2021 700-0000-4300 Safety Training 1,376.80 SAFEASSURE CONSULTANTS INC 08/12/2021 701-0000-4300 Safety Training 1,376.80 SAFEASSURE CONSULTANTS INC 08/12/2021 720-0000-4300 Safety Training 1,376.80 SAFEASSURE CONSULTANTS INC 9,178.64 SCHUBBE Renee Or Marc 08/05/2021 101-0000-2073 Erosion Control - Permit 2020-02072 250.00 SCHUBBE Renee Or Marc 250.00 Shelangoski Cal 08/05/2021 101-0000-2073 Erosion Control - 7516 Frontier Trail - Permit 2020-00866 2,500.00 Shelangoski Cal 2,500.00 Simanton Jessica 08/05/2021 101-0000-2033 Overpayment - 1115 Holly Ln 122.61 Simanton Jessica 122.61 SOFTWARE HOUSE INTERNATIONAL 08/05/2021 400-4117-4703 Annual Microsoft License Renewals 1,759.60 SOFTWARE HOUSE INTERNATIONAL 1,759.60 Tandon Priya 08/05/2021 101-1616-4130 Pennies for Lake Ann Camp 5.00 Tandon Priya 5.00 The Hartford 08/12/2021 101-1120-4045 August LTD 72.78 The Hartford 08/12/2021 101-1130-4045 August LTD 58.67 The Hartford 08/12/2021 101-1160-4045 August LTD 45.50 The Hartford 08/12/2021 101-1250-4045 August LTD 135.97 The Hartford 08/12/2021 101-1310-4045 August LTD 93.19 The Hartford 08/12/2021 101-1320-4045 August LTD 200.65 The Hartford 08/12/2021 101-1370-4045 August LTD 56.27 The Hartford 08/12/2021 101-1520-4045 August LTD 41.61 The Hartford 08/12/2021 101-1530-4045 August LTD 17.69 Accounts Payable - Check Detail-Checks (08/13/2021 - 9:35 AM)Page 7 of 9 Name Check Da Account Description Amount The Hartford 08/12/2021 101-1560-4045 August LTD 14.76 The Hartford 08/12/2021 101-1600-4045 August LTD 32.30 The Hartford 08/12/2021 101-1700-4045 August LTD 3.59 The Hartford 08/12/2021 101-1550-4045 August LTD 126.21 The Hartford 08/12/2021 101-1420-4045 August LTD 98.20 The Hartford 08/12/2021 101-1430-4045 August LTD 5.88 The Hartford 08/12/2021 210-0000-4045 August LTD 42.11 The Hartford 08/12/2021 720-7201-4045 August LTD 6.94 The Hartford 08/12/2021 720-7202-4045 August LTD 6.94 The Hartford 08/12/2021 101-1170-4045 August LTD 16.25 The Hartford 08/12/2021 101-1220-4045 August LTD 65.23 The Hartford 08/12/2021 701-0000-4045 August LTD 87.85 The Hartford 08/12/2021 700-0000-4045 August LTD 120.63 The Hartford 08/12/2021 720-0000-4045 August LTD 51.80 The Hartford 1,401.02 THOTA SRINIVAS & PRASANTHI 08/12/2021 700-0000-2020 Refund Check 57.96 THOTA SRINIVAS & PRASANTHI 08/12/2021 701-0000-2020 Refund Check 37.36 THOTA SRINIVAS & PRASANTHI 08/12/2021 720-0000-2020 Refund Check 7.71 THOTA SRINIVAS & PRASANTHI 08/12/2021 700-0000-2020 Refund Check 1.10 THOTA SRINIVAS & PRASANTHI 104.13 TimeSaver Off Site Secretarial, Inc 08/05/2021 210-0000-4300 Meeting Notes 709.00 TimeSaver Off Site Secretarial, Inc 709.00 TITLE CHOICE 08/12/2021 701-0000-2020 Refund Check 42.79 TITLE CHOICE 08/12/2021 720-0000-2020 Refund Check 61.50 TITLE CHOICE 08/12/2021 700-0000-2020 Refund Check 8.78 TITLE CHOICE 113.07 Waste Management of Minnesota, Inc 08/12/2021 101-1613-4410 4th of July dumpsters 1,101.19 Waste Management of Minnesota, Inc 08/12/2021 101-1613-4410 4th of July dumpsters 746.44 Waste Management of Minnesota, Inc 1,847.63 WATERMARK TITLE AGENCY 08/12/2021 700-0000-2020 Refund Check 152.84 WATERMARK TITLE AGENCY 08/12/2021 701-0000-2020 Refund Check 193.93 WATERMARK TITLE AGENCY 08/12/2021 720-0000-2020 Refund Check 56.77 WATERMARK TITLE AGENCY 08/12/2021 700-0000-2020 Refund Check 8.09 Watermark Title Agency 08/12/2021 701-0000-2020 Refund Check 36.77 Watermark Title Agency 08/12/2021 720-0000-2020 Refund Check 18.21 Watermark Title Agency 08/12/2021 700-0000-2020 Refund Check 3.75 Watermark Title Agency 08/12/2021 700-0000-2020 Refund Check 26.00 WATERMARK TITLE AGENCY 08/12/2021 700-0000-2020 Refund Check 149.17 WATERMARK TITLE AGENCY 08/12/2021 701-0000-2020 Refund Check 200.68 WATERMARK TITLE AGENCY 08/12/2021 720-0000-2020 Refund Check 32.28 WATERMARK TITLE AGENCY 08/12/2021 700-0000-2020 Refund Check 17.91 WATERMARK TITLE AGENCY 896.40 WIDMER CONSTRUCTION 08/12/2021 700-7025-4751 Lake Lucy Ln/Powers Blvd Watermain 13,475.94 Accounts Payable - Check Detail-Checks (08/13/2021 - 9:35 AM)Page 8 of 9 Name Check Da Account Description Amount WIDMER CONSTRUCTION 13,475.94 WS & D PERMIT SERVICE 08/05/2021 101-1250-3301 Permit Refund - Permit #P2021-03493 - 51 Hill St 201.36 WS & D PERMIT SERVICE 201.36 448,331.26 Accounts Payable - Check Detail-Checks (08/13/2021 - 9:35 AM)Page 9 of 9 Accounts Payable Check Detail-ACH User: dwashburn Printed: 08/13/2021 - 9:36 AM Name Check Da Account Description Amount ADAM'S PEST CONTROL INC 08/12/2021 101-1170-4300 Prevention Plus 131.25 ADAM'S PEST CONTROL INC 131.25 AMERICAN ENGINEERING TESTING 08/12/2021 605-6502-4300 CSAH 101 11,066.93 AMERICAN ENGINEERING TESTING 11,066.93 American Family Life Assurance Company of Columbus 08/05/2021 101-0000-2008 July 2021 39.78 American Family Life Assurance Company of Columbus 39.78 ANCOM COMMUNICATIONS 08/05/2021 101-1220-4260 Equipment 764.25 ANCOM COMMUNICATIONS 764.25 BOLTON & MENK INC 08/05/2021 101-1310-4300 Chanhassen/Bluff Creek Blvd Extension 530.00 BOLTON & MENK INC 530.00 Carver County 08/05/2021 101-1550-4350 Fluorescent Bulbs 57.50 Carver County 08/05/2021 101-1210-4300 2nd Quarter 2021 Police Contract Overtime 29,863.86 Carver County 29,921.36 EMERGENCY APPARATUS MAINT. INC 08/05/2021 101-1220-4120 Supplies 60.30 EMERGENCY APPARATUS MAINT. INC 60.30 GOPHER STATE ONE-CALL INC 08/05/2021 400-0000-4300 Service Calls 880.20 GOPHER STATE ONE-CALL INC 880.20 HAWKINS CHEMICAL 08/05/2021 700-7019-4160 Chemicals 4,401.76 HAWKINS CHEMICAL 4,401.76 Hokkanen Laurie A.08/12/2021 101-1120-4370 Travel - Conference 845.60 Hokkanen Laurie A. 845.60 Indoor Landscapes Inc 08/05/2021 101-1170-4300 August Plant Service 187.00 Indoor Landscapes Inc 187.00 Innovative Office Solutions LLC 08/05/2021 400-0000-4703 Office Equipment 425.00 Innovative Office Solutions LLC 08/05/2021 400-0000-4703 Office Equipment 425.00 Accounts Payable - Check Detail-ACH (08/13/2021 - 9:36 AM)Page 1 of 5 Name Check Da Account Description Amount Innovative Office Solutions LLC 08/05/2021 101-1170-4110 Office Supplies 43.43 Innovative Office Solutions LLC 08/05/2021 101-1170-4110 Office Supplies 20.01 Innovative Office Solutions LLC 08/05/2021 101-1170-4110 Office Supplies 27.29 Innovative Office Solutions LLC 940.73 JEFFERSON FIRE SAFETY INC 08/12/2021 201-0000-4705 Equipment 11,689.20 JEFFERSON FIRE SAFETY INC 11,689.20 KIMLEY HORN AND ASSOCIATES INC 08/05/2021 605-6502-4300 TH 101 Reconstruction 47,199.87 KIMLEY HORN AND ASSOCIATES INC 08/05/2021 601-6047-4300 2020 Pavement Rehab 4,197.45 KIMLEY HORN AND ASSOCIATES INC 08/05/2021 605-6503-4300 TH 101 Reconstruction 5,314.45 KIMLEY HORN AND ASSOCIATES INC 08/12/2021 601-6043-4300 Minnewashta Parkway 81,134.51 KIMLEY HORN AND ASSOCIATES INC 137,846.28 MERLINS ACE HARDWARE 08/12/2021 700-7043-4550 Materials 8.95 MERLINS ACE HARDWARE 08/12/2021 700-0000-4120 Supplies 99.05 MERLINS ACE HARDWARE 08/12/2021 700-0000-4150 Materials 63.83 MERLINS ACE HARDWARE 08/12/2021 700-0000-4550 Materials 8.99 MERLINS ACE HARDWARE 08/12/2021 700-7019-4510 Materials 3.23 MERLINS ACE HARDWARE 08/12/2021 700-7043-4530 Materials 25.69 MERLINS ACE HARDWARE 08/12/2021 101-1170-4260 Equipment 9.43 MERLINS ACE HARDWARE 08/12/2021 101-1220-4120 Supplies 33.64 MERLINS ACE HARDWARE 08/12/2021 101-1220-4530 Equipment 37.40 MERLINS ACE HARDWARE 08/12/2021 101-1320-4150 Materials 21.57 MERLINS ACE HARDWARE 08/12/2021 101-1320-4240 Safety Clothing 71.09 MERLINS ACE HARDWARE 08/12/2021 101-1320-4260 Equipment 42.06 MERLINS ACE HARDWARE 08/12/2021 101-1550-4120 Supplies 59.74 MERLINS ACE HARDWARE 08/12/2021 101-1550-4150 Materials 77.34 MERLINS ACE HARDWARE 08/12/2021 101-1550-4151 Materials 53.93 MERLINS ACE HARDWARE 08/12/2021 101-1613-4410 Rental 307.19 MERLINS ACE HARDWARE 08/12/2021 210-0000-4706 Materials 64.74 MERLINS ACE HARDWARE 08/12/2021 420-0000-4150 Materials 10.06 MERLINS ACE HARDWARE 08/12/2021 701-0000-4120 Supplies 93.42 MERLINS ACE HARDWARE 08/12/2021 701-0000-4510 Materials 97.11 MERLINS ACE HARDWARE 08/12/2021 720-7207-4570 Materials 30.01 MERLINS ACE HARDWARE 08/12/2021 210-0000-4706 Paint 45.06 MERLINS ACE HARDWARE 08/12/2021 101-1160-4150 Materials 5.56 MERLINS ACE HARDWARE 1,269.09 MN VALLEY ELECTRIC COOP 08/05/2021 101-1350-4320 Monthly Service 130.97 MN VALLEY ELECTRIC COOP 08/05/2021 101-1350-4320 Monthly Service 30.20 MN VALLEY ELECTRIC COOP 08/05/2021 101-1350-4320 Monthly Service 27.04 MN VALLEY ELECTRIC COOP 08/05/2021 101-1350-4320 Monthly Service 71.70 MN VALLEY ELECTRIC COOP 08/05/2021 101-1350-4320 Monthly Service 4,680.96 MN VALLEY ELECTRIC COOP 08/05/2021 101-1600-4320 Monthly Service 34.99 MN VALLEY ELECTRIC COOP 08/05/2021 700-0000-4320 Monthly Service 93.73 MN VALLEY ELECTRIC COOP 08/05/2021 701-0000-4320 Monthly Service 403.88 MN VALLEY ELECTRIC COOP 08/05/2021 605-6502-4300 Monthly Service 64.69 MN VALLEY ELECTRIC COOP 5,538.16 NAPA AUTO & TRUCK PARTS 08/05/2021 701-0000-4120 Supplies 12.40 Accounts Payable - Check Detail-ACH (08/13/2021 - 9:36 AM)Page 2 of 5 Name Check Da Account Description Amount NAPA AUTO & TRUCK PARTS 08/05/2021 700-0000-4120 Supplies 51.98 NAPA AUTO & TRUCK PARTS 08/05/2021 101-1550-4120 Supplies 57.90 NAPA AUTO & TRUCK PARTS 122.28 O'Reilly Automotive Inc 08/05/2021 101-1320-4120 Supplies 11.26 O'Reilly Automotive Inc 08/05/2021 701-0000-4120 Supplies 37.91 O'Reilly Automotive Inc 08/05/2021 101-1550-4140 Supplies 27.95 O'Reilly Automotive Inc 08/05/2021 101-1220-4120 Supplies 21.55 O'Reilly Automotive Inc 98.67 Potentia MN Solar 08/12/2021 700-0000-4320 Monthly Service 2,645.56 Potentia MN Solar 08/12/2021 101-1190-4320 Monthly Service 4,926.24 Potentia MN Solar 08/12/2021 101-1170-4320 Monthly Service 3,823.41 Potentia MN Solar 11,395.21 PRECISE MRM LLC 08/12/2021 101-1320-4310 2021-06 Subscription 186.05 PRECISE MRM LLC 186.05 RBM SERVICES INC 08/05/2021 101-1190-4350 Cleaning Service 3,575.23 RBM SERVICES INC 08/05/2021 101-1170-4350 Cleaning Service 3,690.87 RBM SERVICES INC 7,266.10 SUMMIT COMPANIES 08/05/2021 700-7019-4510 Annual Monitoring 500.00 SUMMIT COMPANIES 500.00 Sun Life Financial 08/12/2021 101-0000-2011 Life Insurance - Cobra 66.12 Sun Life Financial 08/12/2021 101-1120-4046 Life Insurance - August 29.12 Sun Life Financial 08/12/2021 101-1130-4046 Life Insurance - August 23.60 Sun Life Financial 08/12/2021 101-1160-4046 Life Insurance - August 18.01 Sun Life Financial 08/12/2021 101-1250-4046 Life Insurance - August 53.75 Sun Life Financial 08/12/2021 101-1310-4046 Life Insurance - August 45.93 Sun Life Financial 08/12/2021 101-1320-4046 Life Insurance - August 70.49 Sun Life Financial 08/12/2021 101-1370-4046 Life Insurance - August 22.33 Sun Life Financial 08/12/2021 101-1520-4046 Life Insurance - August 16.51 Sun Life Financial 08/12/2021 101-1530-4046 Life Insurance - August 7.01 Sun Life Financial 08/12/2021 101-1560-4046 Life Insurance - August 5.86 Sun Life Financial 08/12/2021 101-1600-4046 Life Insurance - August 12.70 Sun Life Financial 08/12/2021 101-1700-4046 Life Insurance - August 1.41 Sun Life Financial 08/12/2021 101-1550-4046 Life Insurance - August 50.13 Sun Life Financial 08/12/2021 101-1420-4046 Life Insurance - August 39.24 Sun Life Financial 08/12/2021 101-1430-4046 Life Insurance - August 2.33 Sun Life Financial 08/12/2021 210-0000-4046 Life Insurance - August 16.56 Sun Life Financial 08/12/2021 720-7201-4046 Life Insurance - August 2.74 Sun Life Financial 08/12/2021 720-7202-4046 Life Insurance - August 2.74 Sun Life Financial 08/12/2021 101-1170-4046 Life Insurance - August 6.43 Sun Life Financial 08/12/2021 101-1220-4046 Life Insurance - August 26.31 Sun Life Financial 08/12/2021 701-0000-4046 Life Insurance - August 34.90 Sun Life Financial 08/12/2021 700-0000-4046 Life Insurance - August 47.85 Sun Life Financial 08/12/2021 720-0000-4046 Life Insurance - August 20.66 Sun Life Financial 08/12/2021 101-0000-2011 Life Insurance - August 674.48 Accounts Payable - Check Detail-ACH (08/13/2021 - 9:36 AM)Page 3 of 5 Name Check Da Account Description Amount Sun Life Financial 08/12/2021 700-0000-2011 Life Insurance - August 152.70 Sun Life Financial 08/12/2021 701-0000-2011 Life Insurance - August 152.70 Sun Life Financial 08/12/2021 720-0000-2011 Life Insurance - August 10.86 Sun Life Financial 1,613.47 TWIN CITY SEED CO.08/12/2021 101-1550-4150 Materials 187.50 TWIN CITY SEED CO. 187.50 Universal Athletic Services, Inc.08/05/2021 101-1767-4130 Supplies 599.88 Universal Athletic Services, Inc. 599.88 USA BLUE BOOK 08/05/2021 701-0000-4120 Supplies 249.90 USA BLUE BOOK 08/05/2021 700-0000-4120 Supplies 249.90 USA BLUE BOOK 499.80 VERIZON WIRELESS 08/12/2021 700-0000-4310 Monthly Service 87.57 VERIZON WIRELESS 08/12/2021 701-0000-4310 Monthly Service 87.57 VERIZON WIRELESS 08/12/2021 101-1220-4310 Monthly Service 40.01 VERIZON WIRELESS 08/12/2021 101-1550-4310 Monthly Service 461.95 VERIZON WIRELESS 08/12/2021 101-1520-4310 Monthly Service 41.50 VERIZON WIRELESS 08/12/2021 101-1600-4310 Monthly Service 267.62 VERIZON WIRELESS 08/12/2021 101-1530-4310 Monthly Service 41.50 VERIZON WIRELESS 08/12/2021 700-0000-4310 Monthly Service 608.37 VERIZON WIRELESS 08/12/2021 701-0000-4310 Monthly Service 463.08 VERIZON WIRELESS 08/12/2021 720-0000-4310 Monthly Service 222.42 VERIZON WIRELESS 08/12/2021 101-1160-4310 Monthly Service 585.12 VERIZON WIRELESS 08/12/2021 101-1120-4310 Monthly Service 151.53 VERIZON WIRELESS 08/12/2021 101-1170-4310 Monthly Service 31.50 VERIZON WIRELESS 08/12/2021 101-1260-4310 Monthly Service 76.51 VERIZON WIRELESS 08/12/2021 101-1250-4310 Monthly Service 319.55 VERIZON WIRELESS 08/12/2021 101-1310-4310 Monthly Service 254.09 VERIZON WIRELESS 08/12/2021 101-1370-4310 Monthly Service 86.60 VERIZON WIRELESS 08/12/2021 101-1320-4310 Monthly Service 477.98 VERIZON WIRELESS 08/12/2021 101-1220-4310 Monthly Service 503.12 VERIZON WIRELESS 08/12/2021 101-0000-2033 Monthly Service 11.32 VERIZON WIRELESS 08/12/2021 101-1110-4300 Monthly Service 40.01 VERIZON WIRELESS 08/12/2021 210-0000-4310 Monthly Service 523.19 VERIZON WIRELESS 5,382.11 WATSON COMPANY 08/05/2021 101-1540-4130 Supplies 472.74 WATSON COMPANY 08/05/2021 101-1620-4130 Supplies 144.83 WATSON COMPANY 617.57 WAYTEK INC 08/05/2021 700-0000-4250 Materials 100.68 WAYTEK INC 100.68 WM MUELLER & SONS INC 08/05/2021 420-0000-4150 Materials 353.92 WM MUELLER & SONS INC 08/05/2021 420-0000-4150 Materials 353.22 WM MUELLER & SONS INC 08/05/2021 700-0000-4550 Materials 440.22 Accounts Payable - Check Detail-ACH (08/13/2021 - 9:36 AM)Page 4 of 5 Name Check Da Account Description Amount WM MUELLER & SONS INC 08/05/2021 700-0000-4550 Materials 352.35 WM MUELLER & SONS INC 08/05/2021 700-0000-4150 Materials 1,334.81 WM MUELLER & SONS INC 2,834.52 WSB & ASSOCIATES INC 08/12/2021 701-7013-4300 Sanitary Sewer Televising Video 1,887.00 WSB & ASSOCIATES INC 08/12/2021 101-1310-4360 2021 Datalink Maintenance 2,500.00 WSB & ASSOCIATES INC 08/12/2021 101-1310-4300 2021 GIS/AMS Support Services 136.80 WSB & ASSOCIATES INC 08/12/2021 101-1320-4300 2021 GIS/AMS Support Services 136.80 WSB & ASSOCIATES INC 08/12/2021 700-0000-4300 2021 GIS/AMS Support Services 136.80 WSB & ASSOCIATES INC 08/12/2021 701-0000-4300 2021 GIS/AMS Support Services 136.80 WSB & ASSOCIATES INC 08/12/2021 720-0000-4300 2021 GIS/AMS Support Services 136.80 WSB & ASSOCIATES INC 08/12/2021 720-0000-4300 2021 Water Resources Support 2,873.00 WSB & ASSOCIATES INC 7,944.00 WW GRAINGER INC 08/12/2021 701-0000-4120 Supplies 4.24 WW GRAINGER INC 08/12/2021 101-1320-4120 Supplies 28.07 WW GRAINGER INC 32.31 ZIEGLER INC 08/05/2021 101-1550-4120 Supplies 1,040.00 ZIEGLER INC 08/05/2021 700-0000-4120 Supplies 88.50 ZIEGLER INC 08/05/2021 101-1320-4140 Supplies - Return -632.46 ZIEGLER INC 496.04 245,988.08 Accounts Payable - Check Detail-ACH (08/13/2021 - 9:36 AM)Page 5 of 5 CITY COUNCIL STAFF REPORT Monday, August 23, 2021 Subject Authorize Execution of Operations and Maintenance Agreement for Deer Haven Development Section CONSENT AGENDA Item No: D.5. Prepared By Matt Unmacht, Water Resources Coordinator File No:  PROPOSED MOTION “The City Council authorizes execution of a Stormwater Maintenance Agreement with Shafeco Development, LLC for the purposes of perpetual obligation by said entity to maintain a private stormwater best management practice (BMP) system on the property.” Approval requires a Simple Majority Vote of members present. BACKGROUND The Deer Haven subdivision is a 2.81­acre subdivision located at 6480 Yosemite Avenue. Four single­family lots and one outlot will be created, along with a private biofiltration stormwater best management practice (BMP) system. The proposed site generally consists of reconstructing the existing driveway to a road, preparing three pads for future houses and associated utilities and stormwater treatment. The backyards of future lots will have a swale directing drainage towards a bioretention basin within the north lot. The front yards and road sheet drain to a bioretention basin on the east side of the road. Both basin's outflows are directed to the wetland on the north side of the site.  Properly designed, installed, and maintained private stormwater 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 proper design and installation and stipulate the frequency and type of maintenance to be performed. DISCUSSION The attached Operations and Maintenance (O&M) Agreement was developed by City Staff and Attorney as part of this subdivision and staff review. Timothy Brown, Vice President of Shaefco Development, LLC, has signed and agreed to the attached agreement. RECOMMENDATION Staff recommends approving the execution of the O&M agreement with Shaefco Development, LLC.  CITY COUNCIL STAFF REPORTMonday, August 23, 2021SubjectAuthorize Execution of Operations and Maintenance Agreement for Deer Haven DevelopmentSectionCONSENT AGENDA Item No: D.5.Prepared By Matt Unmacht, Water ResourcesCoordinator File No: PROPOSED MOTION“The City Council authorizes execution of a Stormwater Maintenance Agreement with Shafeco Development, LLCfor the purposes of perpetual obligation by said entity to maintain a private stormwater best management practice(BMP) system on the property.”Approval requires a Simple Majority Vote of members present.BACKGROUNDThe Deer Haven subdivision is a 2.81­acre subdivision located at 6480 Yosemite Avenue. Four single­family lots andone outlot will be created, along with a private biofiltration stormwater best management practice (BMP) system. Theproposed site generally consists of reconstructing the existing driveway to a road, preparing three pads for futurehouses and associated utilities and stormwater treatment. The backyards of future lots will have a swale directingdrainage towards a bioretention basin within the north lot. The front yards and road sheet drain to a bioretention basinon the east side of the road. Both basin's outflows are directed to the wetland on the north side of the site. Properly designed, installed, and maintained private stormwater 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 theproper design and installation and stipulate the frequency and type of maintenance to be performed.DISCUSSIONThe attached Operations and Maintenance (O&M) Agreement was developed by City Staff and Attorney as part ofthis subdivision and staff review. Timothy Brown, Vice President of Shaefco Development, LLC, has signed andagreed to the attached agreement.RECOMMENDATION Staff recommends approving the execution of the O&M agreement with Shaefco Development, LLC.  ATTACHMENTS: O&M Agreement CITY COUNCIL STAFF REPORT Monday, August 23, 2021 Subject Ordinance XXX: Approve Amendment to City Code Concerning Noise Section CONSENT AGENDA Item No: D.6. Prepared By MacKenzie Walters, Associate Planner File No:  PROPOSED MOTION The City Council adopts the proposed ordinance amending Chapters 13 concerning prohibited noises. Approval requires a Simple Majority Vote of members present. SUMMARY The City’s nuisance ordinance prohibits the operation of any set, instrument, machine, or other device between the hours of 10:00 p.m. and 7:00 a.m. at volume audible at the site’s property line. This clause effectively prevents the use of sound amplification equipment (i.e. loudspeakers) or playing of live music after 10:00 p.m. No mechanism is provided allowing for extended hours, though the City Council could approve a variance from this provision. Recently, Chanhassen Brewing Company contacted the City and expressed interest in having bands play on their patio later than 10:00 p.m. They noted that other similar businesses in surrounding communities were able to have bands play later into the night and that they were not near any residential properties which could potentially be disturbed by the extended hours. The brewery indicated that they felt other local businesses may also be interested in having additional flexibility in offering live music. Staff examined the intent of the City’s noise nuisance ordinance and determined that the primary goal of this provision was protecting the peace and quiet of residential neighborhoods. For businesses located in the middle of commercial or industrial districts, there did not appear to be strong reason to require live music to end at 10:00 p.m. Additionally, the general provision of the nuisance ordinance would still allow the City to respond to complaints in the event that music was being played at unreasonably loud volumes. For these reasons, staff is proposing that businesses located at least 500 feet from agricultural and residential districts be allowed to operate loudspeakers until 11:30 p.m. Entities within agricultural or residential districts or within 500 feet of said districts would still be subject to the 10:00 p.m. curfew. A full discussion is provided in the attached staff report. RECOMMENDATION Staff recommends Alternative 2 which will allow for increased flexibility and opportunities for outdoor music while still protecting residential areas, providing clear standards, and making sure that City staff and Carver County deputies CITY COUNCIL STAFF REPORTMonday, August 23, 2021SubjectOrdinance XXX: Approve Amendment to City Code Concerning NoiseSectionCONSENT AGENDA Item No: D.6.Prepared By MacKenzie Walters, Associate Planner File No: PROPOSED MOTIONThe City Council adopts the proposed ordinance amending Chapters 13 concerning prohibited noises.Approval requires a Simple Majority Vote of members present.SUMMARYThe City’s nuisance ordinance prohibits the operation of any set, instrument, machine, or other device between the hoursof 10:00 p.m. and 7:00 a.m. at volume audible at the site’s property line. This clause effectively prevents the use of soundamplification equipment (i.e. loudspeakers) or playing of live music after 10:00 p.m. No mechanism is provided allowingfor extended hours, though the City Council could approve a variance from this provision.Recently, Chanhassen Brewing Company contacted the City and expressed interest in having bands play on their patiolater than 10:00 p.m. They noted that other similar businesses in surrounding communities were able to have bands playlater into the night and that they were not near any residential properties which could potentially be disturbed by theextended hours. The brewery indicated that they felt other local businesses may also be interested in having additionalflexibility in offering live music.Staff examined the intent of the City’s noise nuisance ordinance and determined that the primary goal of this provision wasprotecting the peace and quiet of residential neighborhoods. For businesses located in the middle of commercial orindustrial districts, there did not appear to be strong reason to require live music to end at 10:00 p.m. Additionally, thegeneral provision of the nuisance ordinance would still allow the City to respond to complaints in the event that music wasbeing played at unreasonably loud volumes.For these reasons, staff is proposing that businesses located at least 500 feet from agricultural and residential districts beallowed to operate loudspeakers until 11:30 p.m. Entities within agricultural or residential districts or within 500 feet of saiddistricts would still be subject to the 10:00 p.m. curfew.A full discussion is provided in the attached staff report.RECOMMENDATION Staff recommends Alternative 2 which will allow for increased flexibility and opportunities for outdoor music while still protecting residential areas, providing clear standards, and making sure that City staff and Carver County deputies have contact information on file to address any issues that arise. ATTACHMENTS: Staff Report Ordinance MEMORANDUM TO: City Council FROM: MacKenzie Young-Walters, Associate Planner DATE: August 23, 2021 SUBJ: Loudspeaker Hours Issue: Businesses with patios have expressed interest in having outdoor live music that plays until closing time. Currently, the City Code requires that any outdoor music receive a loudspeaker permit and a condition of this permit is that the use of sound amplification equipment ends by 10:00 p.m. Since the 10:00 p.m. limit is established by the City’s nuisance ordinance, a Code amendment would be required to allow for loudspeaker permits to be issued for later end times. Summary: The City’s nuisance ordinance prohibits the operation of any set, instrument, machine, or other device between the hours of 10:00 p.m. and 7:00 a.m. at a volume audible at the site’s property line. This clause effectively prevents the use of sound amplification equipment (i.e. loudspeakers) or playing of live music after 10:00 p.m. No mechanism is provided allowing for extended hours, though the City Council could approve a variance from this provision. Recently, Chanhassen Brewing Company contacted the City and expressed interest in having bands play on their patio later than 10:00 p.m. They noted that other similar businesses in surrounding communities were able to have bands play later into the night and that they were not near any residential properties which could potentially be disturbed by the extended hours. The brewery indicated that they felt other local businesses may also be interested in having additional flexibility in offering live music. Staff examined the intent of the City’s noise nuisance ordinance and determined that the primary goal of this provision was protecting the peace and quiet of residential neighborhoods. For PROPOSED MOTION: “The City Council adopts the proposed ordinance amending Chapters 13 concerning prohibited noises.” City Council Loudspeaker Hours August 23, 2021 Page 2 2 businesses located in the middle of commercial or industrial districts, there did not appear to be a strong reason to require live music to end at 10:00 p.m. Additionally, the general provision of the nuisance ordinance would still allow the City to respond to complaints in the event that music was being played at unreasonably loud volumes. For these reasons, staff is proposing that businesses located at least 500 feet from agricultural and residential districts be allowed to operate loudspeakers until 11:30 p.m. Entities within agricultural or residential districts or within 500 feet of said districts would still be subject to the 10:00 p.m. curfew. Relevant City Code: Chapter 13, Article VI. “Noise”. Chapter 20, Article XXIII, Division 2. “Performance Standards”. Analysis: The intent of the City’s noise ordinance is to ensure that no individual or property creates noise at such a volume as to negatively impact surrounding properties. The ordinance recognizes that loudspeakers, musical instruments, and similar devices have the capability of producing very loud sounds with the potential to disturb surrounding properties, and that people are most sensitive to these types of disturbances during the nighttime hours. For this reason the City Code states that the use of instruments and speakers from 10:00 p.m. to 7:00 a.m. at such a volume as to be audible at the property line, hallway or adjacent apartment, or at a distance 50 feet from the source is a prima facie evidence of violation of the noise ordinance. While this provision makes sense in a residential context where the City wants to provide the maximum amount of responsiveness and protection for residents trying to sleep, Minnesota’s Pollution Control Agency (MPCA) has long recognized that different noise limits are appropriate for different uses. For example, residential uses are in Noise Area Classification (NAC) one, which has the strictest noise standards and differing daytime and nighttime noise limits, whereas retail establishments and restaurants are in NCA two, which allows for louder noises and does not have different daytime and nighttime standards. The lack of different daytime and nighttime noise standards for NAC two is a reflection of the fact that these land uses do not entail people trying to rest. The City’s noise ordinance does not make a similar use based distinction and applies its nighttime prohibition on loudspeakers to all zoning districts, regardless of the presence or proximity of residential uses. While it is true that non-residential uses can be disturbed by City Council Loudspeaker Hours August 23, 2021 Page 3 3 excessive noise, it is also true that by and large these uses are significantly less likely to be impacted by nighttime noise than residential uses. For this reason, it is likely that businesses located a significant distance from residential properties could be allowed to utilize instruments and speakers after 10:00 p.m. without undermining the intent of the noise ordinance, especially since the general prohibition on excessive noise would not be changed. In addition to examining how the Minnesota Pollution Control Agency regulates noise in different land uses, staff reached out to 14 comparable and neighboring Cities in an effort to determine how they treated outdoor music in non-residential areas. Nine of the Cities responded and there was a great deal of variation in how they approached outdoor music. Broadly speaking, there seemed to be three approaches: 1) not specifically regulating outdoor music and relying on general restrictions on nuisance noise to address problematic properties; 2) requiring conditional use permits (CUP) which stipulate end times for music; and 3) prohibiting outdoor music. Amongst the three Cities that required music to stop at a certain time, the most common end time was 10:00 p.m. and the latest end time was 11:00 p.m. The City of Chanhassen’s current ordinance would fall under the first approach. Unless the outdoor music is part of a special or temporary event, it is not directly regulated by any portion of the City Code outside of the nuisance ordinance. The Cities that regulate outdoor music through CUPs/special approval, tend to do so by classifying outdoor dining areas as conditional uses and attaching conditions to these facilities during the site plan approval process. Since Chanhassen does not classify outdoor dining areas as conditional uses, it would be difficult for the City to switch to the second approach and the CUP requirement would only apply to new outdoor seating areas. Additionally, regulating outdoor music through CUPs often requires Cities to rely on the MPCA’s standards to determine reasonable limits and restrictions. Verifying compliance with MPCA noise thresholds requires that the city or business conduct sound studies requiring specialized equipment. Rather than altering how the City treats outdoor dining in order regulate outdoor music, staff believes the City should maintain its existing approach and amend the nuisance ordinance to establish different standards based on land use. Specifically, allowing business, industrial, and institutional users located at least 500 feet from residential or agricultural districts to operate loudspeakers until 11:30 p.m. Staff believes that the 500 feet requirement should provide an adequate buffer between any outdoor music and residential uses. Additionally, excessively loud music would still be subject to the nuisance ordinance’s general prohibitions on disturbing the peace, quiet, and comfort of others. Staff is proposing an 11:30 p.m. end time in order to align the noise standards with the City’s performance standards for outdoor seating areas associated with breweries, brewpubs, and micro-distilleries. The patio areas of these businesses are required to close at 12:00 a.m. Requiring outdoor music to end at 11:30 p.m. will allow patrons time to finish their last drink and exit the patio areas prior to the required 12:00 a.m. close. While the 11:30 p.m. end time that staff is proposing is later than most of the communities that respond to staff’s inquires, staff feels City Council Loudspeaker Hours August 23, 2021 Page 4 4 that the required separation from residential district ensures that it does not compromise the intent of the noise ordinance. Alternatives: 1) No change. Maintain existing prohibition on use of loudspeakers after 10:00 p.m. 2) Amend the City Code to allow businesses located at least 500 feet from residential districts to operate loudspeakers until 11:30 p.m. 3) Amend the City Code to remove the loudspeaker permit requirement and adopt more generalized nuisance standards to govern non-residential areas. Recommendation: Staff recommends Alternative 2 which will allow for increased flexibility and opportunities for outdoor music, while still protecting residential areas, providing clear standards, and making sure that City staff and Carver County deputies have contact information on file to address any issues that arise. The proposed amendments would read as follows: Sec. 13-51. Noises prohibited. (a) General prohibition. No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any persons or precludes their enjoyment of property or affects their property's value. This general prohibition is not limited by the specific restrictions of the following subdivisions. (b) Motor vehicles. Minnesota Statutes §§ 169.69 and 169.693 (motor vehicle noise limits) and Minnesota Rules parts 7030.1000 through 7030.1050, as these statutes and rules may be amended from time to time, are hereby adopted by reference. No person shall operate a motor vehicle in the city in violation of the motor vehicle noise limits herein adopted. (c) Horns, audible signaling devices, etc. No person shall sound any signaling device on any vehicle except as a warning of danger, as required by M.S. § 169.68. (d) Exhaust. It shall be unlawful for any person to discharge the exhaust or permit the discharge of the exhaust from any motor vehicle except through a muffler that effectively prevents abnormal or excessive noise and complies with all applicable state laws and regulations. (1) Engine retarding brakes. It shall be unlawful for the operator of any truck to intentionally use an engine retarding brake on any public highway, street, parking lot or alley within the city which causes abnormal or excessive noise from the engine, except in an emergency. (2) Vehicle noise signage. Signs stating "VEHICLE NOISE LAWS ENFORCED" may be installed at locations deemed appropriate by the city council to advise motorists City Council Loudspeaker Hours August 23, 2021 Page 5 5 of the prohibitions contained in this section, except that no sign stating "VEHICLE NOISE LAWS ENFORCED" shall be installed on a state highway without a permit from the Minnesota Department of Transportation. The provisions of this section are in full force and effect even if no signs are installed. (e) Defective vehicles or loads. No person shall use any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise. (f) Loading, unloading, unpacking. No person shall create loud and excessive noise in loading, unloading, or unpacking any vehicle. (g) Radios, tape player, compact disc player, paging system, etc. (1) General prohibition. No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, tape player, compact disc player, paging system, machine, or other device for the production or reproduction of sound in a distinctly and loudly audible manner as to unreasonably disturb the peace, quiet, comfort, safety or welfare of any persons or precludes their enjoyment of property or affects their property value. (2) Nighttime prohibition. i. In agricultural and residential districts the operation of any such set, instrument, machine, or other device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section. ii. In business, institutional, and industrial districts located within 500 feet of an agricultural or residential district the operation of any such set, instrument, machine, or other device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment/suite adjacent, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section. iii. In business, institutional, and industrial districts located at least 500 feet from an agricultural or residential district the operation of any such set, instrument, machine, or other device between the hours of 11:30 p.m. and 7:00 a.m. in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or suite adjacent, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section. City Council Loudspeaker Hours August 23, 2021 Page 6 6 (h) Participation in noisy parties or gatherings. No person shall participate in any party or other gathering of people giving rise to noise, unreasonably disturbing the peace, quiet, or repose of another person. When a police officer determines that a gathering is creating such a noise disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No person shall refuse to leave after being ordered by a police officer to do so. Every owner or tenant of such premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped. (i) Loudspeakers, amplifiers for advertising, etc. No person shall operate or permit the use or operation of any loudspeaker, sound amplifier, or other device for the production or reproduction of sound on a street or other public place for the purpose of commercial advertising or attracting the attention of the public to any commercial establishment or vehicle, without a written permit from the city. Application shall be made on forms provided by the city. The application shall require the hours and location of the proposed use. If the proposed use complies with this article and other ordinances, the permit shall be granted. Permit fees shall be established in chapter 4 of the Chanhassen City Code. (j) Animals. No person owning, operating, having charge of, or occupying any building or premise shall keep or allow to be kept one or more animals that unreasonably disturbs the comfort or repose of any person by its frequent or continued noise. For purposes of this subsection, "disturbs the comfort or repose of any person by its frequent or continued noise" shall include, but is not limited to any one of the following: (1) The noise from one or more animals occurs at a time between 10:00 p.m. and 7:00 a.m. and can be heard from a location outside the building or property where the animal or animals are being kept, and the animal or animals have made such noises intermittently for more than three minutes with one minute or less lapse of time without such noise during the three-minute period; or (2) The noise from one or more animals can be heard 500 feet from the location of the building or property where the animal or animals are being kept, and the animal or animals have made such noises intermittently for more than three minutes with one minute or less lapse of time without such noise during the three-minute period; or (3) The noise from one or more animals can be heard from a location outside the building or property where the animal or animals are being kept, and the animal or animals have made such noises intermittently for a period of at least five minutes with one minute or less lapse of time without such noise during the five-minute period. Attachment: Ordinance XXX Page 1 C ITY OF C HA N HA SSE N OR D INA NC E X X X AN ORD IN A N C E A MEN D ING C HA PT ER 13, NU ISAN CE S, OF THE C HA NHASSEN C IT Y C OD E WHER EA S, N OW THER EFORE , be it ordained by the C ouncil of the City of Chanhassen, in the State of Minnesota, as follows: SECTION 1: A MEND MEN T “Sec 13-51 Noises Prohibited” of the Chanhassen Municipal Code is hereby am ended as follows: A M E N D M E N T Sec 13-51 Noises Prohibited (a)General prohibition. N o person shall make or cause to be made any distinctly and loudly audible noise that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any persons or precludes their enjoyment of property or affects their property's value. This general prohibition is not limited by the specific restrictions of the follow ing subdivisions. (b)Motor vehicles. Minnesota Statutes §§ 169.69 and 169.693 (motor vehicle noise limits) and Minnesota Rules parts 7030.1000 through 7030.1050, as these statutes and rules may be amended from time to time, are hereby adopted by reference. N o person shall operate a motor vehicle in the city in violation of the motor vehicle noise limits herein adopted. (c)Horns, audible signaling devices, etc. N o person shall sound any signaling device on any vehicle except as a w arning of danger, as required by M.S. § 169.68. (d)Exhaust. It shall be unlawful for any person to discharge the exhaust or permit the discharge of the exhaust from any motor vehicle except through a muffler that effectively prevents abnormal or excessive noise and complies w ith all applicable state law s and regulations. (1)Engine retarding brakes. It shall be unlawful for the operator of any truck to intentionally use an engine retarding brake on any public highw ay, street, parking lot or alley within the city w hich causes abnormal or excessive noise from the engine, except in an emergency. (2)Vehicle noise signage. Signs stating "VEH ICLE NO ISE LAWS ENFO RC ED" may be installed at locations deemed appropriate by the city council to advise motorists of the prohibitions contained in this section, except that no sign stating "V EH ICLE NO ISE LAWS EN FO RCED" shall be Page 2 installed on a state highway without a permit from the Minnesota Department of Transportation. The provisions of this section are in full force and effect even if no signs are installed. (e)Defective vehicles or loads. N o person shall use any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise. (f)Loading, unloading, unpacking. No person shall create loud and excessive noise in loading, unloading, or unpacking any vehicle. (g)Radios, tape player, compact disc player, paging system , etc. (1)G eneral prohibition. N o person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, tape player, compact disc player, paging system, machine, or other device for the production or reproduction of sound in a distinctly and loudly audible manner as to unreasonably disturb the peace, quiet, comfort, safety or welfare of any persons or precludes their enjoyment of property or affects their property value. (2)Nighttime prohibition. a.In agricultural and residential districts the operation of any such set, instrument, machine, or other device betw een the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section. b.In business, institutional, and industrial districts located w ithin 500 feet of an agricultural or residential district the operation of any such set, instrument, machine, or other device betw een the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment/suite adjacent, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section. c.In business, institutional, and industrial districts located at least 500 feet from an agricultural or residential district the operation of any such set, instrument, machine, or other device between the hours of 11:30 p.m. and 7:00 a.m. in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or suite adjacent, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section. (h)Participation in noisy parties or gatherings. No person shall participate in any party or other gathering of people giving rise to noise, unreasonably disturbing the peace, quiet, or repose of another person. When a police officer determines that a gathering is creating such a noise disturbance, the officer may order all persons present, other than Page 3 the owner or tenant of the premises w here the disturbance is occurring, to disperse immediately. N o person shall refuse to leave after being ordered by a police officer to do so. Every ow ner or tenant of such premises who has know ledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped. (i)Loudspeakers, amplifiers for advertising, etc. N o person shall operate or permit the use or operation of any loudspeaker, sound amplifier, or other device for the production or reproduction of sound on a street or other public place for the purpose of commercial advertising or attracting the attention of the public to any commercial establishment or vehicle, without a written permit from the city. A pplication shall be made on forms provided by the city. The application shall require the hours and location of the proposed use. if the proposed use complies with this article and other ordinances, the permit shall be granted. Permit fees shall be established in chapter 4 of the Chanhassen City Code. (j)Animals. N o person ow ning, operating, having charge of, or occupying any building or premise shall keep or allow to be kept one or more animals that unreasonably disturbs the comfort or repose of any person by its frequent or continued noise. For purposes of this subsection, "disturbs the comfort or repose of any person by its frequent or continued noise" shall include, but is not limited to any one of the follow ing: (1)The noise from one or more animals occurs at a time betw een 10:00 p.m. and 7:00 a.m. and can be heard from a location outside the building or property w here the animal or animals are being kept, and the animal or animals have made such noises intermittently for more than three minutes with one minute or less lapse of time w ithout such noise during the three-minute period; or (2)The noise from one or more animals can be heard 500 feet from the location of the building or property where the animal or animals are being kept, and the animal or animals have made such noises intermittently for more than three minutes w ith one minute or less lapse of time w ithout such noise during the three-minute period; or (3)The noise from one or more animals can be heard from a location outside the building or property where the animal or animals are being kept, and the animal or animals have made such noises intermittently for a period of at least five minutes w ith one minute or less lapse of time without such noise during the five-minute period. (O rd. N o. 373, § 6, 4-12-04) EFFE CT IV E DATE: This ordinance shall be effective upon its passage and publication in the Chanhassen Villager on September 2, 2021. Page 4 AY E NAY A BSENT A BSTA IN Elise Ryan Jerry McDonald Dan Campion Lucy Rehm Haley Schubert PA SSED A ND A DO PTED BY THE C ITY O F CHA NH ASSEN CO UN CIL _______________________________. P r e s id in g O ffic e r A t t e s t Elise Ryan, Mayor, City of Chanhassen Laurie H okkanen, City Manager City of Chanhassen CITY COUNCIL STAFF REPORT Monday, August 23, 2021 Subject Ordinance XXX: Amend City Code Chapter 2­Administration Concerning Environmental Commission Membership Section CONSENT AGENDA Item No: D.7. Prepared By Jill Sinclair, Environmental Resources Coordinator File No:  PROPOSED MOTION “The City Council approves the modifications to the Environmental Commission Bylaws and City Code Chapter 2, adding one youth member to the Commission.” Approval requires a Simple Majority Vote of members present. SUMMARY The Chanhassen Environmental Commission believes a youth member would be a positive addition to the Commission and requests City Council approval for the change. BACKGROUND The City of Chanhassen Environmental Commission has been discussing for the past year the addition of a youth member to the group.  The Commission decided to seek City Council approval for the change and requests the appointment and corresponding modification to the Bylaws and City Code. DISCUSSION The Commission feels that a youth member would bring a new perspective to environmental issues and offer a different point of view on messaging ideas for education.  Many of the initiatives that the Commission seeks to share with the community would benefit from the input of a youth member. The Commission also thought that a youth member from a local high school could offer a path to an ongoing dialogue with a school environmental club or group.  Seeing that the Park and Recreation Commission also benefited from youth members, the Commission felt that the request is appropriate for their scope of work.  The Commission thinks that a youth member term should coordinate with the school year by having a fall start date and a late summer ending date, with a term being one­year long. RECOMMENDATION CITY COUNCIL STAFF REPORTMonday, August 23, 2021SubjectOrdinance XXX: Amend City Code Chapter 2­Administration Concerning EnvironmentalCommission MembershipSectionCONSENT AGENDA Item No: D.7.Prepared By Jill Sinclair, Environmental ResourcesCoordinator File No: PROPOSED MOTION“The City Council approves the modifications to the Environmental Commission Bylaws and City Code Chapter 2,adding one youth member to the Commission.”Approval requires a Simple Majority Vote of members present.SUMMARYThe Chanhassen Environmental Commission believes a youth member would be a positive addition to the Commissionand requests City Council approval for the change.BACKGROUNDThe City of Chanhassen Environmental Commission has been discussing for the past year the addition of a youthmember to the group.  The Commission decided to seek City Council approval for the change and requests theappointment and corresponding modification to the Bylaws and City Code.DISCUSSIONThe Commission feels that a youth member would bring a new perspective to environmental issues and offer adifferent point of view on messaging ideas for education.  Many of the initiatives that the Commission seeks to sharewith the community would benefit from the input of a youth member. The Commission also thought that a youthmember from a local high school could offer a path to an ongoing dialogue with a school environmental club or group. Seeing that the Park and Recreation Commission also benefited from youth members, the Commission felt that therequest is appropriate for their scope of work. The Commission thinks that a youth member term should coordinate with the school year by having a fall start dateand a late summer ending date, with a term being one­year long. RECOMMENDATION Staff recommends that the City Council adopt an ordinance amending Chapter 2 of the Chanhassen City Code and amend the Environmental Commission Bylaws, by adding a youth member to the Commission. ATTACHMENTS: City Code Chapter 2 Environmental Commission Modification Ord_xxx.b Environmental Commission Bylaws Attachment A Proposed modification to the City Code pertaining to the Environmental Commission, based on current code for the Park and Recreation Commission. Sec 2-46.09 Environmental Commission 1. Commission established. The environmental commission is established to provide the residents of Chanhassen with opportunities to improve the quality of their environment, address issues that affect the city's natural resources, provide environmental education to the public, bring a comprehensive perspective to environmental issues, and advocate the benefits and necessity of Chanhassen's natural resources. 2. Membership. The environmental commission consists of seven members appointed in the manner set forth in this subsection. Members of the commission are appointed by the council for staggered terms of three years expiring on March 31 of each year. Additionally, the commission may also have one youth representative who shall also be a voting member. Youth representative shall be appointed for one-year term. Existing City Code for the Park and Recreation Commission: Sec 2-46.05 Park And Recreation Commission 1. Creation. There is established a park and recreation commission for the city. 2. Membership. The park and recreation commission consists of seven members appointed in the manner set forth in this subsection. Members of the commission are appointed by the council for staggered terms of three years expiring on March 31 of each year. Additionally, the commission may also have one or two youth representatives who shall also be voting members. Youth representatives shall be appointed for one-year terms. Page 1 C ITY OF C HA N HA SSE N OR D IN AN CE X XX .B A N OR D INA NC E A MEN DIN G C HA PTER 2, A D MINIST R ATION , OF THE C HA NHASSEN C IT Y C OD E N OW THER EFORE , be it ordained by the C ouncil of the City of Chanhassen, in the State of Minnesota, as follows: SECTION 1: A MEND MEN T “Sec 2-46.09 Environmental Commission” of the C hanhassen Municipal Code is hereby am ended as follows: A M E N D M E N T Sec 2-46.09 Environmental Commission (a)Com mission established. The environmental commission is established to provide the residents of Chanhassen w ith opportunities to improve the quality of their environment, address issues that affect the city's natural resources, provide environmental education to the public, bring a comprehensive perspective to environmental issues, and advocate the benefits and necessity of Chanhassen's natural resources. (b)Mem bership. The environmental commission consists of seven members appointed in the manner set forth in this subsection. Members of the commission are appointed by the council for staggered terms of three years expiring on March 31 of each year. Additionally, the commission may also have one youth representative who shall also be a voting member. Youth representative shall be appointed for a one-year term. (c)Officers; m eetings. The chairperson and vice chairperson of the environmental commission are appointed by the commission from among its membership for the term of one year. The commission shall adopt its ow n bylaws w ith the approval of the city council. All members of the commission may vote on all questions before the commission. N o member of the commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable or as required by law or this Code. (d)Pow ers and duties. The environmental commission has the follow ing powers and duties: (1)The environmental commission shall serve as an advisory body to the city council and planning commission in addressing the needs of the environment as directed by the city council. All final decisions are to be made by the city council. (2)The environmental commission will consider and make recommendations at Page 2 AY E NAY A BSENT A BSTA IN Elise Ryan Jerry McDonald Dan Campion Lucy Rehm Haley Schubert the direction of the city council regarding environmental issues. (3)The environmental commission will make recommendations at the direction of the city council regarding funding for environmental projects. (4)The environmental commission may propose studies to the city council and make recommendations according to the results. (5)The environmental commission will coordinate services with other governmental and private agencies for related issues. (e)Reports. The environmental commission shall make an annual w ritten report to the council, not later than March 31 of each calendar year, containing the commission's recommendations for the ensuing year. (O rd. N o. 363, § 8, 1-12-04) SECTION 2: E FFEC TIV E D AT E This ordinance shall be effective upon its passage and publication in the Chanhassen Villager on September 2, 2021. PA SSED A ND A DO PTED BY THE C ITY O F CHA NH ASSEN CO UN CIL _______________________________. P r e s id in g O ffic e r A t t e s t Elise Ryan, Mayor, City of Chanhassen Laurie H okkanen, City Manager City of Chanhassen 1 ENVIRONMENTAL COMMISSION CITY OF CHANHASSEN BY-LAWS The following by-laws are adopted by the Chanhassen Environmental Commission to facilitate the performances of its duties and the exercising of its functions as a Commission established by the City Council pursuant to the provision of Subdivision 1, Section 462.354, Minnesota State Statutes annotated. Section 1 - Duties and Responsibilities 1.1 The Environmental Commission has the purpose and responsibility to provide the residents of Chanhassen with opportunities to improve the quality of their environment, provide environmental education to the public, bring a comprehensive perspective to environmental issues, and advocate the benefits and necessity of Chanhassen’s natural resources. 1.2 The Environmental Commission shall serve as an advisory body to the City Council and Planning Commission in addressing the needs of the environment as directed by the City Council. All final decisions are to be made by the City Council. 1.3 The Environmental Commission will consider and make recommendations at the direction of the City Council regarding environmental issues. 1.4 The Environmental Commission will make recommendations at the direction of the City Council regarding funding for environmental projects. 1.5 The Environmental Commission may propose studies to the City Council and make recommendations according to the results. 1.6 The Environmental Commission will coordinate services with other governmental and private agencies for related issues 1.7 Establishment of Sub-Committees. The Environmental Commission may, as they deem appropriate, establish special sub-committees comprised solely of their own members. Section 2 - Meetings 2.1 Time and Place. Regular meetings of the Commission shall be held on the second Wednesday of each month at 6:00 p.m. at City Hall, 7700 Market Boulevard, unless otherwise directed by the Chairperson, in which case, at least 24 hours notice will be given to all members. Regular meetings shall have a curfew of 8:30 p.m. which may be waived at the discretion of the Chairperson. All unfinished business will be carried over to the next regular meeting. When the regular meeting day falls on a legal holiday, there shall be no meeting. In such an event, the monthly meeting shall be rescheduled by consensus. 2 2.2 Special Meetings. Special meetings shall be held upon call by consensus of the Commission and with at least 48 hours of notice to all members. 2.3 Attendance. The Environmental Commission members shall attend not less than 75% of all regular and special meetings held during a given calendar year and shall not be absent from three consecutive meetings. Failure to meet this minimum attendance requirement will result in removal from the commission. Section 3 - Commission Composition - Terms and Vacancies 3.1 Composition. The Environmental Commission shall consist of seven adult voting members. Additionally, one youth (age 16-18) voting member may also be appointed. The Seven members shall be appointed by the City Council and may be removed by the Council. The City Council may appoint one of their members to serve as a liaison to the Commission. 3.2 Terms and Vacancies. The City Council shall appoint seven members to the commission for terms of three years. Vacancies during the term shall be filled by the Council for the unexpired portion of the term. All members shall serve without compensation. 3.3 Member Requirements. All members of the Environmental Commission shall be in compliance with all local, state, and federal environmental regulations at their homes and owned businesses. Members will be allowed six months to correct any violations. Violations existing after that time will be reasonable cause for removal from the Commission by action of the City Council. 3.4 Quorum. Four Environmental Commission members shall constitute a quorum for the transaction of business. Whenever a quorum is not present, no final or official action shall be taken at such meeting. Section 4 - Organization 4.1 Election of Officers. The first meeting in April of each year, the Environmental Commission shall hold an organizational meeting. At this meeting, the Commission shall elect from its membership a chairperson and vice-chairperson. This shall be done by voice vote. Vice-Chairperson shall be elected from the remaining members by the same proceeding. If the Chairperson retires from the Environmental Commission before the next regular organizational meeting, the Vice-Chairperson shall be Chairperson. If both Chairperson and Vice-Chairperson retire, new officers shall be elected at the next regular meeting. If both Chairperson and Vice-Chairperson are absent from a meeting, the Commission shall elect a temporary Chairperson by voice vote. 4.2 Duties of Chairperson and Vice-Chairperson. The Chairperson, or in his/her absence, the Vice Chairperson, shall conduct the meeting so as to keep it moving as rapidly and efficiently as possible and shall remind members, witnesses and petitioners to preserve order and decorum and to keep comments to the subject at hand. The Chairperson shall not move for action but may second motions. Section 5 - Procedure 3 5.1 Procedure. When appropriate, parliamentary procedure governed by Robert's Rules of Order Revised shall be followed. Section 6 - Informational Meetings 6.1 Purpose of Informational Meetings. The purpose of an informational meeting is to collect information and facts in order for the Commission to develop a rational environmental issue recommendation for the City Council. 6.2 Meeting Procedure. At informational meetings, the following procedures shall be followed in each case: a. The Chairperson shall state the purpose of the meeting. b. Interested persons may address the Commission, giving information regarding the particular proposal. Section 7 - Miscellaneous 7.1 Environmental Commission Discussion. Matters for discussion which do not appear on the agenda may not be considered and discussed by the Commission until the end of the agenda. 7.2 Suspension of Rules. The Commission may suspend any of these rules by unanimous vote of the members present. 7.3 Amendments. Amendments of these by-laws may be made at any regular or special meeting of the Environmental Commission but only if scheduled on the meeting agenda in advance of the meeting. 7.4 Review. At the first meeting in April of each year, these by-laws shall be read and adopted by the Environmental Commission. Date adopted ________________________ _______________________, Chairperson _______________________, Mayor CITY COUNCIL STAFF REPORT Monday, August 23, 2021 Subject Resolution 2021­XX: Authorize LED Lighting Replacements at Fire Station #1 and East Water Treatment Plant Section CONSENT AGENDA Item No: D.8. Prepared By Charlie Howley, Public Works Director/City Engineer File No: N/A PROPOSED MOTION “The City Council approves a Resolution authorizing entering into a contract with Apadana LLC to perform LED lighting retrofits at Fire Station No. 1 and the East Water Treatment Plant.” Approval requires a Simple Majority Vote of members present. SUMMARY The project will replace the original interior and select exterior lighting of two additional City facilities.  Performing this work will reduce monthly electric energy savings. The Strategic Initiatives supported by this project are: Asset Management ­ Effective Utilization of Assets Financial Sustainability ­ Financial Stability in all Funds DISCUSSION In 2020, an LED lighting retrofit was completed at City Hall, the Library and at the Public Works buildings.  That project had planned estimated economic payback of less than 3 years and electric bills to date have supported that estimate.  This project was performed by same contractor, Apadana, with good results. Due to the success of that project, another LED conversion project was evaluated and the proposal shows very similar estimated payback.  Two quotes were received from qualified contractors, and Apadana again was the lowest.  A summary of the proposed project is as follows: Location Rebate City Cost Payback estimate Fire Station No. 1 $6,656.97 $26,861.95 33 months East Water Treatment Plant $3,107.88 $4,451.90 24 months TOTAL $31,313.85 CITY COUNCIL STAFF REPORTMonday, August 23, 2021SubjectResolution 2021­XX: Authorize LED Lighting Replacements at Fire Station #1 and East WaterTreatment PlantSectionCONSENT AGENDA Item No: D.8.Prepared By Charlie Howley, Public WorksDirector/City Engineer File No: N/APROPOSED MOTION“The City Council approves a Resolution authorizing entering into a contract with Apadana LLC to perform LEDlighting retrofits at Fire Station No. 1 and the East Water Treatment Plant.”Approval requires a Simple Majority Vote of members present.SUMMARYThe project will replace the original interior and select exterior lighting of two additional City facilities.  Performing thiswork will reduce monthly electric energy savings.The Strategic Initiatives supported by this project are:Asset Management ­ Effective Utilization of AssetsFinancial Sustainability ­ Financial Stability in all FundsDISCUSSIONIn 2020, an LED lighting retrofit was completed at City Hall, the Library and at the Public Works buildings.  Thatproject had planned estimated economic payback of less than 3 years and electric bills to date have supported thatestimate.  This project was performed by same contractor, Apadana, with good results.Due to the success of that project, another LED conversion project was evaluated and the proposal shows verysimilar estimated payback.  Two quotes were received from qualified contractors, and Apadana again was the lowest. A summary of the proposed project is as follows:Location Rebate City Cost Payback estimateFire Station No. 1 $6,656.97 $26,861.95 33 monthsEast Water Treatment Plant $3,107.88 $4,451.90 24 months TOTAL $31,313.85 This is an opportunity based project and not currently a budgeted improvement.  The funding would come from fund balance and would be replenished by the electrical savings over the payback period. RECOMMENDATION Staff recommends approval of the Resolution. ATTACHMENTS: Quote ­ Station No. 1 Quote ­ EWTP Resolution 21­XX Chanhassen Fire Dept 1- V24 Rev8.4.21 Prepared by:Prepared for:Jill Sinclair, Environmental Resources Specialist Rebate Provider:CEE 2021 2360 Nevada Ave N. Golden Valley, MN 55427 Chanhassen Fire Dept 1 Offer Expire:9/3/2021 Apadana | Trusted partner | LED Lighting | Solar System Installation | 7610 Laredo Dr Proposal ID:AZ-PO-7610-Fire Security System | Signage | Electronic Messaging Center(EMC) | Video Walls Chanhassen, MN 55317 Date:8/4/2021 Admin & New Req:info@apadanatechnology.com Repair & Service Call:support@apadanatechnology.com Project Cost 33,518.32 kWh Reduction 62,032 kWh (74% reduc.)Current Lighting Energy Cost 8,420$ Rebate 7,340.19 <-Valid Till Sept 2021 CO2 Reduction 94,332 lbs Proposed Lighting Energy Cost 2,217$ Customer Investment 26,178.13 Mercury Reduction - mg Energy Savings 6,203$ Maintenance Savings 1,162$ Equivalent to* 9 cars off the road A/C Savings 1,249$ Rebate % 22% 1,097 trees planted IRS 179D Energy Tax Deduction* -$ Monthly Cost of Waiting 718$ Total Annual Savings 8,614$ Project Payback In Months 36 Thank you for doing your part to help reduce your CO2 footprint Blended Energy Cost Per KW 0.10$ INVESTMENT SNAPSHOT ENVIROMENTAL SNAPSHOT SAVINGS SNAPSHOT $- $1,000 $2,000 $3,000 $4,000 $5,000 $6,000 $7,000 $8,000 $9,000 $10,000 Saving Snapshot - 5,000.00 10,000.00 15,000.00 20,000.00 25,000.00 30,000.00 35,000.00 40,000.00 Project Cost Rebate Customer Investment Investment Snapshot Over the past decade, advancements in LED technology and lighting controls have provided an opportunity for facility owners to reduce energy consumption and associated costs by as much as 80 percent; lower lighting maintenance costs; prevent harmful chemicals from legacy lighting devices from entering the environment; lower HVAC costs by virtually reducing ambient heat previously added to each space by legacy lighting technology, and leverage the cost of lighting upgrades through electric utility rebates. Upgrading to LED lighting is often thought to be a simple replacement of a light bulb or fixture. But experience has shown that, done right, it is more complicated. Apadana brings the scope of services necessary to maximize the impact of LED lighting for occupants of the space while reducing the time required to achieve quick payback of the upgrade investment. Let us share some of our capabilities in Chanhassen Fire Dept 1- V24 Rev8.4.21 Proposal ID:AZ-PO-7610-Fire Prepared for:Chanhassen Fire Dept 1 Prepared by:Apadana LLC Existing Fixture Description New LED Solution Description Fixture Quantity Energy Savings Total Cost Savings Existing Fixture Wattage LED Fixture Wattage Party Room, Kitchen, Bedrooms and Offices4' T8 3L 40K Flat Center 2x4 Troffer 40W 40K 0-10V Dimming42 $730 $990 96 40 Closet 4' T8 2L 40K 4' 2L 40K ID-DE T8 10.5W 120-277V 1700lm 1 $2 $3 64 21 Party Room Hallway and Entry A19 13w CFL A19 9W D 40K 800lm 28 $35 $65 13 9 Hallways 2' T8 U-Bend 2L 40K Flat Center 2x2 Troffer 27W 40K 0-10V Dimming14 $161 $218 64 27 Entry hallway GX24 26W H 2L 6" Can 13.5W [30,35,40]K CRI90 0-10V D 120-277V8 $96 $135 52 14 Truck Bays/Garage and Equipment Rooms8' T12 HO 2L 4' 4L 50k ID-DE T8 15W 120-277V w/ 8' Conversion Kit Direct48 $2,829 $3,597 220 60 Truck Bays/Garage and Equipment Rooms4' T12 2L 4' 2L 50K ID-DE T8 15W 120-277V 2200lm 3 $60 $79 80 30 Truck Bays/Garage and Equipment Rooms4' T8 2L 40K 4' 2L 50K ID-DE T8 15W 120-277V 2200lm 14 $213 $283 64 30 Hose Room and Storage A19 18w CFL A19 9W D 40K 800lm 4 $2 $3 18 9 Storage Rooms 8' T8 2L 4' 4L 50k ID-DE T8 15W 120-277V w/ 8' Conversion Kit Direct3 $8 $10 118 60 Training Room 4' T8 3L 40K Flat Center 2x4 Troffer 40W 40K 0-10V Dimming22 $370 $491 96 40 Training Room 4' T8 40K 4' 1L 40K ID-DE T8 10.5W 120-277V 1700lm 1 $5 $6 32 11 Training Room 2' T8 40K 2' 1L 40k T8 AB 9W 1 $2 $3 17 9 Racquetball Court MH 400W LLH Linear High Bay 223W 50K LV 135lm/W 4 $147 $247 400 223 Weight Room 4' T8 4L 40K 4' 4L 40K ID-DE T8 10.5W 120-277V 1700lm 3 $57 $77 128 42 Weight Room 4' T8 3L 40K 4' 3L 40K ID-DE T8 10.5W 120-277V 1700lm 1 $14 $19 96 32 Hallway and Restrooms 2' T8 U-Bend 2L 40K Flat Center 2x2 Troffer 27W 40K 0-10V Dimming15 $235 $312 64 27 Locker-room GX24 32W V 1L 6" Can 13.5W [30,35,40]K CRI90 0-10V D 120-277V3 $12 $17 32 14 Women's Restroom 4' T8 3L 40K 4' 3L 40K ID-DE T8 10.5W 120-277V 1700lm 1 $14 $19 96 32 Exterior A19 16W CFL A19 9W D 40K 800lm 4 $12 $17 16 9 Exterior MH 70w 6" Can 13.5W [30,35,40]K CRI90 0-10V D 120-277V5 $124 $288 70 14 Exterior Flag Light MH 250w Flood 70W ND 8900lm(Bracket) 120-277V 1 $79 $112 250 70 Exterior Bollard MH 70w A23 18W 120-277V 2000lm 40K E26 8 $182 $445 70 18 Exterior Wallpack MH 250w Wallpack Wall Pack 65W 50K 120-277V Photocell Dark bronze clear lens6 $486 $683 250 65 Parking Lot Pole Lights MH 250w Pole Light WSD 100W Slip Fitter 5 $329 $493 250 100 Total 245 $6,203 $8,614 Area ITEM LEVEL DETAIL LINE ITEM SAVINGS RETURN ON INVESTMENT Chanhassen Fire Dept 1- V24 Rev8.4.21 TERMS AND CONDITIONS CONFIDENTIALITY: The information contained in this proposal is confidential and proprietary and may not be disclosed to any third party without the prior consent of Apadana, LLC. EXCLUSIONS: This proposal assumes that all electrical equipment such as switches, dimmers, ballasts, electrical circuit boxes and wiring at your site are in working condition and are compatible with LED technology. In the event that Apadana installers identify non-working or incompatible equipment during installation, you agree to pay for any materials and labor required to complete the project. Lift rental is covered by Apadana for indoor ceiling fixtures up to 19 ft in height and outdoor fixtures up to 35 ft in height. If a higher lift is required, you will be charged an additional rental fee. WARRANTY: Apadana warranty includes manufacture's warranty on parts and 1-year warranty on labor for material listed in this proposal, unless otherwise specified. If we have not quoted replacement of existing fixtures, ballast, switches, dimmers or electric circuit boxes and these fail in the future, repair/replacement of these devices are NOT covered under our warranty. PAYMENT TERMS: 50% downpayment required prior to starting the project, with the balance due upon completion. CREDIT CARD FEES: Apadana will charge a 3.5% processing fee on any credit card charges. LATE PAYMENT: A late fee equal to $35 plus 10% APR on the outstanding balance will be charged on any unpaid amounts due. COLLECTIONS: In the event that Apadana is required to retain legal services to collect past due amounts, you agree to pay any and all legal/collection fees that are incurred. STATE OF MN NOTICE: This notice is to advise you of your rights under Minnesota law in connection with the improvement to your property. (a) Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions (b) Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice. Apadana is a participant of the Credit Trade Exchange Program and we report all prompt and past due payments. TAX EXEMPT ORGANIZATIONS: Customers requesting tax exempt status must supply a valid ST3 form together with a signed Purchase Agent Agreement contract supplied by Apadana. IMPORTANT INFORMATION ABOUT YOUR REBATE: Your rebate provider is CEE 2021 If your rebate provider is CEE or XCEL you have 2 options: Option 1: Apadana will give you an instant rebate. You are only responsible to pay the Customer Investment amount shown above. The rebate shown above was calculated by Apadana who assumes the risk if the actual rebate is higher or lower. Option 2: Apadana will ask CEE/XCEL to send the rebate check directly to you. In this case you would be responsible to pay the full amount of Project Cost shown above. The rebate shown above was calculated by Apadana but no guarantee is given. The rebate is determined solely by CEE/XCEL. Customer rebate election: I select OPTION 1 for my rebate. Initial here that you agree to the above terms_______________ I select OPTION 2 for my rebate. Initial here that you agree to the above terms_______________ Note: If customer fails to select an option, OPTION 1 will be implemented as the default. If your rebate provider is not CEE or XCEL you will get your rebate check directly from the rebate provider: The rebate shown above was calculated by Apadana but no guarantee is given. The rebate is determined solely by the rebate provider. You are responsible to pay the full amount of Project Cost shown above. IMPORTANT NOTE: If your rebate provider rejects the application for the rebate for any reason prior to installation, customer may cancel this order or choose to continue the order paying the total project cost. ACCEPTANCE OF PROPOSAL If Option 1 selected: Down payment 13,500.00$ Balance upon completion 12,678.13$ If Option 2 selected, not CEE or XCEL Utility: Down payment 17,000.00$ Balance upon completion 16,518.32$ I accept this proposal submitted by Apadana LLC and authorize Apadana LLC to sign and submit all necessary forms on my behalf to the rebate provider for my entity/business located at Chanhassen Fire Dept 1, 7610 Laredo Dr Chanhassen, MN 55317 If I selected OPTION 1 above for handling my rebates, I also authorize the rebate provider for the above address to issue the rebate check for lighting upgrade to Apadana LLC. Name of authorized customer representative Date Authorized Signature: Proposal ID:AZ-PO-7610-Fire Chanhassen Water Treatment Plant V24 Prepared by:Prepared for:Kevin Zittel, Facilities Maintenance Supervisor Rebate Provider:CEE 2021 2360 Nevada Ave N. Golden Valley, MN 55427 Chanhassen Water Treatment Plant Offer Expire:9/3/2021 Apadana | Trusted partner | LED Lighting | Solar System Installation | 201 W 79th St Proposal ID:AZ-BO-201 Security System | Signage | Electronic Messaging Center(EMC) | Video Walls Chanhassen, MN 55317 Date:8/4/2021 Admin & New Req:info@apadanatechnology.com Repair & Service Call:support@apadanatechnology.com Project Cost 7,559.78 kWh Reduction 15,567 kWh (57% reduc.)Current Lighting Energy Cost 2,717$ Rebate 3,107.88 <-Valid till Sept 2021 CO2 Reduction 23,672 lbs Proposed Lighting Energy Cost 1,160$ Customer Investment 4,451.90 Mercury Reduction - mg Energy Savings 1,557$ Maintenance Savings 263$ Equivalent to* 2 cars off the road A/C Savings 390$ Rebate % 41% 275 trees planted IRS 179D Energy Tax Deduction* -$ Monthly Cost of Waiting 184$ Total Annual Savings 2,209$ Project Payback In Months 24 Thank you for doing your part to help reduce your CO2 footprint Blended Energy Cost Per KW 0.10$ INVESTMENT SNAPSHOT ENVIROMENTAL SNAPSHOT SAVINGS SNAPSHOT $- $500 $1,000 $1,500 $2,000 $2,500 $3,000 Saving Snapshot - 1,000.00 2,000.00 3,000.00 4,000.00 5,000.00 6,000.00 7,000.00 8,000.00 Project Cost Rebate Customer Investment Investment Snapshot Over the past decade, advancements in LED technology and lighting controls have provided an opportunity for facility owners to reduce energy consumption and associated costs by as much as 80 percent; lower lighting maintenance costs; prevent harmful chemicals from legacy lighting devices from entering the environment; lower HVAC costs by virtually reducing ambient heat previously added to each space by legacy lighting technology, and leverage the cost of lighting upgrades through electric utility rebates. Upgrading to LED lighting is often thought to be a simple replacement of a light bulb or fixture. But experience has shown that, done right, it is more complicated. Apadana brings the scope of services necessary to maximize the impact of LED lighting for occupants of the space while reducing the time required to achieve quick payback of the upgrade investment. Let us share some of our capabilities in Chanhassen Water Treatment Plant V24 Proposal ID:AZ-BO-201 Prepared for:Chanhassen Water Treatment Plant Prepared by:Apadana LLC Existing Fixture Description New LED Solution Description Fixture Quantity Energy Savings Total Cost Savings Existing Fixture Wattage LED Fixture Wattage Office 4' T8 3L 40K 4' 3L 40K A/B 12W 120-277V 1800lm 8 $100 $145 96 36 Hallways, Restroom 4' T8 2L 40K 4' 2L 40K A/B 12W 120-277V 1800lm 5 $42 $60 64 24 Office BR30 65w 41K D BR30 11W D 40K 850lm 6 $67 $109 65 11 Hallway 4' T8 2L 40K 4' 2L 40K A/B 12W 120-277V 1800lm 12 $100 $145 64 24 Mechanical, Blower Rooms 4' T8 6L 40K EB 4' 6L 50K A/B 12W 120-277V 1800lm 7 $175 $253 192 72 Generator 4' T5 HO 4L 25W LED T5 ID DE 3500lm 4L 4 $97 $134 216 100 Chlorine Rooms 4' T5 HO 2L 25W LED T5 ID DE 3500lm 2L 14 $169 $234 108 50 Process Room 4' T5 HO 4L 25W LED T5 ID DE 3500lm 4L 20 $483 $670 216 100 Process Room 4' T8 4L 50K 4' 4L 50K A/B 12W 120-277V 1800lm 6 $100 $145 128 48 Process Room 4' T8 2L 50K 4' 2L 50K A/B 12W 120-277V 1800lm 1 $8 $12 64 24 Filter Rooms 4' T5 HO 2L 25W LED T5 ID DE 3500lm 2L 18 $217 $301 108 50 Total 101 $1,557 $2,209 Area ITEM LEVEL DETAIL LINE ITEM SAVINGS RETURN ON INVESTMENT Chanhassen Water Treatment Plant V24 TERMS AND CONDITIONS CONFIDENTIALITY: The information contained in this proposal is confidential and proprietary and may not be disclosed to any third party without the prior consent of Apadana, LLC. EXCLUSIONS: This proposal assumes that all electrical equipment such as switches, dimmers, ballasts, electrical circuit boxes and wiring at your site are in working condition and are compatible with LED technology. In the event that Apadana installers identify non-working or incompatible equipment during installation, you agree to pay for any materials and labor required to complete the project. Lift rental is covered by Apadana for indoor ceiling fixtures up to 19 ft in height and outdoor fixtures up to 35 ft in height. If a higher lift is required, you will be charged an additional rental fee. WARRANTY: Apadana warranty includes manufacture's warranty on parts and 1-year warranty on labor for material listed in this proposal, unless otherwise specified. If we have not quoted replacement of existing fixtures, ballast, switches, dimmers or electric circuit boxes and these fail in the future, repair/replacement of these devices are NOT covered under our warranty. PAYMENT TERMS: 50% downpayment required prior to starting the project, with the balance due upon completion. CREDIT CARD FEES: Apadana will charge a 3.5% processing fee on any credit card charges. LATE PAYMENT: A late fee equal to $35 plus 10% APR on the outstanding balance will be charged on any unpaid amounts due. COLLECTIONS: In the event that Apadana is required to retain legal services to collect past due amounts, you agree to pay any and all legal/collection fees that are incurred. STATE OF MN NOTICE: This notice is to advise you of your rights under Minnesota law in connection with the improvement to your property. (a) Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions (b) Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice. Apadana is a participant of the Credit Trade Exchange Program and we report all prompt and past due payments. TAX EXEMPT ORGANIZATIONS: Customers requesting tax exempt status must supply a valid ST3 form together with a signed Purchase Agent Agreement contract supplied by Apadana. IMPORTANT INFORMATION ABOUT YOUR REBATE: Your rebate provider is CEE 2021 If your rebate provider is CEE or XCEL you have 2 options: Option 1: Apadana will give you an instant rebate. You are only responsible to pay the Customer Investment amount shown above. The rebate shown above was calculated by Apadana who assumes the risk if the actual rebate is higher or lower. Option 2: Apadana will ask CEE/XCEL to send the rebate check directly to you. In this case you would be responsible to pay the full amount of Project Cost shown above. The rebate shown above was calculated by Apadana but no guarantee is given. The rebate is determined solely by CEE/XCEL. Customer rebate election: I select OPTION 1 for my rebate. Initial here that you agree to the above terms_______________ I select OPTION 2 for my rebate. Initial here that you agree to the above terms_______________ Note: If customer fails to select an option, OPTION 1 will be implemented as the default. If your rebate provider is not CEE or XCEL you will get your rebate check directly from the rebate provider: The rebate shown above was calculated by Apadana but no guarantee is given. The rebate is determined solely by the rebate provider. You are responsible to pay the full amount of Project Cost shown above. IMPORTANT NOTE: If your rebate provider rejects the application for the rebate for any reason prior to installation, customer may cancel this order or choose to continue the order paying the total project cost. ACCEPTANCE OF PROPOSAL If Option 1 selected: Down payment 2,500.00$ Balance upon completion 1,951.90$ If Option 2 selected, not CEE or XCEL Utility: Down payment 4,000.00$ Balance upon completion 3,559.78$ I accept this proposal submitted by Apadana LLC and authorize Apadana LLC to sign and submit all necessary forms on my behalf to the rebate provider for my entity/business located at Chanhassen Water Treatment Plant, 201 W 79th St Chanhassen, MN 55317 If I selected OPTION 1 above for handling my rebates, I also authorize the rebate provider for the above address to issue the rebate check for lighting upgrade to Apadana LLC. Name of authorized customer representative Date Authorized Signature: Proposal ID:AZ-BO-201 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: August 23, 2021 RESOLUTION NO: 2021-XX MOTION BY: SECONDED BY: A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH APADANA LLC FOR LED LIGHTING CONVERSION PROJECTS AT FIRE STATION NO. 1 AND THE EAST WATER TREATMENT PLANT WHEREAS, LED lighting technology requires less electrical energy load; and WHEREAS, previous LED lighting conversions at City facilities have shown successful in reducing electrical energy usage; and WHEREAS, using less electrical energy reduces operating costs for facilities; and WHEREAS, the estimated economic payback of these LED conversion projects is less than 3-years. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota, that: The City Council authorize entering into a contract with Apadana LLC for LED lighting conversion projects at Fire Station No. 1 and the East Water Treatment Plant. Passed and adopted by the Chanhassen City Council this 23rd day of August, 2021. ATTEST: Laurie Hokkanen, City Manager Elise Ryan, Mayor YES NO ABSENT CITY COUNCIL STAFF REPORT Monday, August 23, 2021 Subject Resolution 2021­XX: Adopt City Policy for the Use of Unmanned Aerial Vehicles (UAV) for Approved City Purposes Section CONSENT AGENDA Item No: D.9. Prepared By Don Johnson, Fire Chief File No:  PROPOSED MOTION "The City Council adopts a resolution approving a Policy for the Use of Unmanned Aerial Vehicles (UAV)."  Approval requires a Simple Majority Vote of members present. SUMMARY Unmanned Aerial Vehicles (UAV) are becoming more widely used within a specific scope of emergency response, emergency management, and city communication/marketing events.  Staff is requesting authorization to purchase and utilize UAVs in accordance with an adopted city policy.  BACKGROUND Unmanned Aerial Vehicle (UAV) technology is becoming extremely cost efficient compared to when the devices first came on the market.  Camera technology, battery life, and ease of operation allow multiple applications for use within city operations that go far beyond emergency response.   Adding UAV technology to the fire department allows for quick, safe, and efficient assessment of major fire scenes for fire suppression and fire investigation activities.  With major advancements in thermal camera technology being added to a UAV, it provides a significant advantage to the operational aspects of several types of incidents, i.e. search and rescue, hazardous materials, water related incidents, etc.  Major emergency management weather incidents would require damage assessment calculations on public and private property creating ideal, safe application of a UAV with recording capabilities, or Thermal Imaging technology for search and rescue for those events.   Staff discussed other uses not related to emergency response and have so many uses within most of the departments where a UAV and a camera would greatly benefit time and safety.  City marketing and communication applications are another great example of utilizing technology to crate dramatic visual aspects of city events, staff, and buildings.   Utilizing a position paper from the League of Minnesota Cities (LMC) and adopted policies by neighboring metro cities, a policy draft was completed and included for review and approval.  Normal considerations for the use of city property are included.   Major discussion points in the LMC relate to data privacy and how recordings are to be used and/or distributed.  CITY COUNCIL STAFF REPORTMonday, August 23, 2021SubjectResolution 2021­XX: Adopt City Policy for the Use of Unmanned Aerial Vehicles (UAV) forApproved City PurposesSectionCONSENT AGENDA Item No: D.9.Prepared By Don Johnson, Fire Chief File No: PROPOSED MOTION"The City Council adopts a resolution approving a Policy for the Use of Unmanned Aerial Vehicles (UAV)." Approval requires a Simple Majority Vote of members present.SUMMARYUnmanned Aerial Vehicles (UAV) are becoming more widely used within a specific scope of emergency response,emergency management, and city communication/marketing events.  Staff is requesting authorization to purchase andutilize UAVs in accordance with an adopted city policy. BACKGROUNDUnmanned Aerial Vehicle (UAV) technology is becoming extremely cost efficient compared to when the devicesfirst came on the market.  Camera technology, battery life, and ease of operation allow multiple applications for usewithin city operations that go far beyond emergency response.  Adding UAV technology to the fire department allows for quick, safe, and efficient assessment of major fire scenes forfire suppression and fire investigation activities.  With major advancements in thermal camera technology being addedto a UAV, it provides a significant advantage to the operational aspects of several types of incidents, i.e. search andrescue, hazardous materials, water related incidents, etc.  Major emergency management weather incidents wouldrequire damage assessment calculations on public and private property creating ideal, safe application of a UAV withrecording capabilities, or Thermal Imaging technology for search and rescue for those events.  Staff discussed other uses not related to emergency response and have so many uses within most of the departmentswhere a UAV and a camera would greatly benefit time and safety.  City marketing and communication applications areanother great example of utilizing technology to crate dramatic visual aspects of city events, staff, and buildings.  Utilizing a position paper from the League of Minnesota Cities (LMC) and adopted policies by neighboring metrocities, a policy draft was completed and included for review and approval.  Normal considerations for the use of cityproperty are included.   Major discussion points in the LMC relate to data privacy and how recordings are to be used and/or distributed.  Since the city does not have the intention to utilize the UAV for law enforcement purposes, policies around individual privacy and data privacy are relatively easy to navigate.  Adequate safeguards and current data practices request procedures are included.   The policy also includes aspects related to mutual aid requests for the UAV technology.   The primary language in the policy relates to the requesting agency providing direction on the use and data recording of the incident.  The data collected then immediately becomes the property of the requesting agency assuming the liability of the release of that data.   FAA guidelines encompass the use of a UAV through certification requirements via Part 107.  The UAV contractor will provide the classroom training to prepare pilots to pass the FAA Part 107 certification test.  This certification is extremely important in Chanhassen due to our proximity to Flying Cloud airspace.  The policy only allows certified pilots to operate the UAV.  It will take some time identify, train, and certify several pilots across city departments to maximize the technology.  It will also take some time to determine the number of UAVs needed to meet all of the uses.  Staff proposes starting within public safety and expanding the program as it is developed.   Per the policy, the City Manager will appoint a UAV Program Coordinator to ensure pilots remain certified, proper training and documentation for certification is maintained, and data practices policies are complied with.   RECOMMENDATION Staff recommends city council adopt a resolution approving the City of Chanhassen Policy on Unmanned Aerial Vehicles in accordance with Operational Excellence and Technology & Innovation of the Strategic Plan. ATTACHMENTS: Resolution Proposed UAV Policy Minnesota Statute UAV LMC Guidelines on UAV 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: August 23, 2021 RESOLUTION NO: 2021-XX MOTION BY: SECONDED BY: RESOLUTION ADOPTING CITY POLICY FOR THE USE OF UNMANNED AERIAL VEHICLES (UAV) FOR APPROVED CITY PURPOSES WHEREAS, Unmanned Aerial Vehicles (UAV) are becoming more widely used within a specific scope of emergency response, emergency management, and city communication / marketing events; and WHEREAS, Unmanned Aerial Vehicle (UAV) technology is becoming extremely cost efficient compared to when the devices first came on the market; and WHEREAS, adding UAV technology to the fire department allows for quick, safe, and efficient assessment of major fire scenes for fire suppression and fire investigation activities; and WHEREAS, with major advancements in thermal camera technology being added to a UAV, it provides a significant advantage to the operational aspects of several types of incidents, i.e. search and rescue, hazardous materials, water related incidents, etc.; and WHEREAS, major emergency management weather incidents would require damage assessment calculations on public and private property creating ideal, safe application of a UAV with recording capabilities, or Thermal Imaging technology for search and rescue for those events; and WHEREAS, staff discussed other uses not related to emergency response and have so many uses within most of the departments where a UAV and a camera would greatly benefit time and safety; and WHEREAS, City marketing and communication applications are another great example of utilizing technology to create dramatic visual aspects of city events, staff, and buildings. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota, as follows: Approves and adopts the City of Chanhassen Policy on Unmanned Aerial Vehicles in accordance with Operational Excellence and Technology & Innovation of the Strategic Plan. 2 Passed and adopted by the Chanhassen City Council this 23rd day of August, 2021. ATTEST: Laurie Hokkanen, City Manager Elise Ryan, Mayor YES NO ABSENT City of Chanhassen - Unmanned Aerial Vehicle Policy Purpose This policy is intended to establish guidelines for the use of unmanned aerial vehicles (UAV’s), including retrieval and dissemination of images and data captured by the UAV. Definitions Unmanned Aerial Vehicle (UAV) - An unmanned aerial vehicle is an unmanned aircraft of any type that is capable of sustaining flight, whether remotely controlled or preprogrammed and all the supporting or attached hardware designed for gathering information through photography, video recording or any other means. UAVs are also commonly referred to unmanned aerial systems (UAS), or drones. Policy It is the policy of the City of Chanhassen that Unmanned Aerial Vehicles may be utilized to enhance the City’s ability to provide city services in the most cost and time efficient manner. Applications for a UAV span the breadth of city operations. Any application of the UAV will be in accordance with Federal, State and City laws, to include constitutional privacy rights, search and seizure regulations and Federal Aviation Administration (FAA) regulations. Privacy Considerations City personnel operating an UAV shall be mindful of privacy rights and absent a warrant or exigent circumstances shall adhere to FAA altitude regulations and shall not intentionally record or transmit images in any location where a person would have a reasonable expectation of privacy (e.g., inside house, fenced yard, enclosed area only visible from an elevated position). Operators and observers will take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions may include, for example, deactivating or turning imaging devices away from such areas or persons during UAV operations. Authorized Uses This policy identifies likely projects and tasks that an UAV will be used for but is not comprehensive. Communications: • Obtain video and still images that would help promote and market city services, programs, events, and the City itself. Engineering/ Water Resources: • Conduct field inspections, document construction projects, and create demonstration videos. Parks and Recreation: • Surveying park development land logistics, aerial inspections of park land and open spaces, special event logistics such as pedestrian and vehicle traffic review, park damage assessments following major weather events, and the creation of promotional footage of park properties and amenities. Public Safety: • The UAV may be used to conduct search and rescue operations of missing persons or objects. A UAV may be used in an effort to protect public safety staff from unnecessary exposure to danger and minimize the risk of injury to bystanders, firefighters and other city staff. • Use of vision enhancement technology (e.g., thermal, forward looking infrared radiometer (FLIR), or other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order. • Emergency Management: • Obtain video and photographs for use of incident documentation or public/private Damage Assessment reporting requirements. The flight log will contain the name of the individual who received the data. • • Any public safety application of the UAV will be in accordance with Federal, State and City laws. Public Safety missions will follow, Policy 606 and Minnesota Statute 626.19 and amendments to Minnesota Statue 13.82 • Mutual Aid Requests • Fire Incidents/Emergency Management utilization will conform to similar uses authorized by this policy. Data recorded will become the property of the requesting agency. The requesting agency name and the name of the Incident Commander will be documented in the flight log. • Any assistance to law enforcement agencies requiring the UAV outside of the City of Chanhassen will be governed under federal and state constitutions, and Minnesota State Statute. The requesting agency will assume all liability for the directed use of the UAV and become responsible for any data collected. The requesting agency name and the Officer in Charge will be documented in the flight log. Prohibited Uses Under no circumstances will a City owned UAV be used for the following: • To conduct random surveillance activities. • To harass, intimidate or discriminate against any individual or group. • To conduct personal business of any type. Authorized Operators Only City of Chanhassen personnel who have successfully completed and maintain an FAA certification, Part 107 are authorized to pilot the UAV. Retention of UAV Data Each authorized UAV operator will maintain a flight log in accordance with FAA rules and regulations. Operators will log the date, flight time and locations of all UAV deployments including training operations. They will also note as applicable, case number, incident type, automated flight or manual flight, and whether photo images or video were captured during the flight. Data collected by the UAV not being used for an ongoing project or related to an active investigation will be retained in accordance to the adopted “General Records Retention Schedule for Minnesota Cities” as amended from time to time and City of Chanhassen Records Retention Schedules. Digital logs of aircraft mission profiles will be retained pursuant to FAA rules and regulations. All required flight data and documentation will be transferred to the appropriate software for historical and reportable data. Unauthorized use, duplication, and/or distribution of UAV videos are prohibited. Personnel shall not make copies of any UAV videos for their personal use and are prohibited from using a recording device such as a personal camera or any secondary video camera to capture UAV videos. All UAV operations recorded media, images and audio are the property of City of Chanhassen and/or the requesting agency and shall not be copied, released or disseminated in any form or manner outside the parameters of this policy and data practices law without the expressed written consent of the City of Chanhassen. Violations of this policy are subject to discipline, up to including discharge. Program Coordinator The City Manager will designate a UAV program coordinator. The program coordinator will be responsible for the management of the UAV program. The program coordinator will be responsible for: • Ensuring that policies and procedures conform to current laws, regulations and best practices. • Establishing a training standard for operators that meets FAA requirements. • Maintaining and updating the Certificate of Authorization (COA) with the FAA, should the City elect to apply for a COA. • Overseeing procurement and maintenance of UAV equipment • Review of UAV deployments to ensure compliance with policies and operating procedures. • Conducting audits of flights logs semiannually. • Retention of Data. • Maintain appropriate insurance requirements. Changes to this Policy will be approved by the City Manager. 626.19 USE OF UNMANNED AERIAL VEHICLES.​ Subdivision 1.Application; definitions.(a) This section applies to unmanned aerial vehicle data​ collected, created, or maintained by a law enforcement agency and to law enforcement agencies that maintain,​ use, or plan to use an unmanned aerial vehicle in investigations, training, or in response to emergencies,​ incidents, and requests for service. Unmanned aerial vehicle data collected, created, or maintained by a​ government entity is classified under chapter 13.​ (b) For purposes of this section, the following terms have the meanings given:​ (1) "government entity" has the meaning given in section 13.02, subdivision 7a, except that it does not​ include a law enforcement agency;​ (2) "law enforcement agency" has the meaning given in section 626.84, subdivision 1;​ (3) "unmanned aerial vehicle" or "UAV" means an aircraft that is operated without the possibility of​ direct human intervention from within or on the aircraft; and​ (4) "terrorist attack" means a crime that furthers terrorism as defined in section 609.714, subdivision 1.​ Subd. 2.Use of unmanned aerial vehicles limited.Except as provided in subdivision 3, a law​ enforcement agency must not use a UAV without a search warrant issued under this chapter.​ Subd. 3.Authorized use.A law enforcement agency may use a UAV:​ (1) during or in the aftermath of an emergency situation that involves the risk of death or bodily harm​ to a person;​ (2) over a public event where there is a heightened risk to the safety of participants or bystanders;​ (3) to counter the risk of a terrorist attack by a specific individual or organization if the agency determines​ that credible intelligence indicates a risk;​ (4) to prevent the loss of life and property in natural or man-made disasters and to facilitate operational​ planning, rescue, and recovery operations in the aftermath of these disasters;​ (5) to conduct a threat assessment in anticipation of a specific event;​ (6) to collect information from a public area if there is reasonable suspicion of criminal activity;​ (7) to collect information for crash reconstruction purposes after a serious or deadly collision occurring​ on a public road;​ (8) over a public area for officer training or public relations purposes; and​ (9) for purposes unrelated to law enforcement at the request of a government entity provided that the​ government entity makes the request in writing to the law enforcement agency and specifies the reason for​ the request and proposed period of use.​ Subd. 4.Limitations on use.(a) A law enforcement agency using a UAV must comply with all Federal​ Aviation Administration requirements and guidelines.​ (b) A law enforcement agency must not deploy a UAV with facial recognition or other biometric-matching​ technology unless expressly authorized by a warrant.​ Official Publication of the State of Minnesota​ Revisor of Statutes​ 626.19​MINNESOTA STATUTES 2020​1​ (c) A law enforcement agency must not equip a UAV with weapons.​ (d) A law enforcement agency must not use a UAV to collect data on public protests or demonstrations​ unless expressly authorized by a warrant or an exception applies under subdivision 3.​ Subd. 5.Documentation required.A law enforcement agency must document each use of a UAV,​ connect each deployment to a unique case number, provide a factual basis for the use of a UAV, and identify​ the applicable exception under subdivision 3 unless a warrant was obtained.​ Subd. 6.Data classification; retention.(a) Data collected by a UAV are private data on individuals or​ nonpublic data, subject to the following:​ (1) if the individual requests a copy of the recording, data on other individuals who do not consent to​ its release must be redacted from the copy;​ (2) UAV data may be disclosed as necessary in an emergency situation under subdivision 3, clause (1);​ (3) UAV data may be disclosed to the government entity making a request for UAV use under subdivision​ 3, clause (9);​ (4) UAV data that are criminal investigative data are governed by section 13.82, subdivision 7; and​ (5) UAV data that are not public data under other provisions of chapter 13 retain that classification.​ (b) Section 13.04, subdivision 2, does not apply to data collected by a UAV.​ (c) Notwithstanding section 138.17, a law enforcement agency must delete data collected by a UAV as​ soon as possible, and in no event later than seven days after collection unless the data is part of an active​ criminal investigation.​ Subd. 7.Evidence.Information obtained or collected by a law enforcement agency in violation of this​ section is not admissible as evidence in a criminal, administrative, or civil proceeding against the data subject.​ Subd. 8.Remedies.In addition to any other remedies provided by law, including remedies available​ under chapter 13, an aggrieved party may bring a civil action against a law enforcement agency to prevent​ or remedy a violation of this section.​ Subd. 9.Public comment.A law enforcement agency must provide an opportunity for public comment​ before it purchases or uses a UAV. At a minimum, the agency must accept public comments submitted​ electronically or by mail. The governing body with jurisdiction over the budget of a local law enforcement​ agency must provide an opportunity for public comment at a regularly scheduled meeting.​ Subd. 10.Written policies and procedures required.Prior to the operation of a UAV, the chief officer​ of every state and local law enforcement agency that uses or proposes to use a UAV must establish and​ enforce a written policy governing its use, including requests for use from government entities. In developing​ and adopting the policy, the law enforcement agency must provide for public comment and input as described​ in subdivision 9. The written policy must be posted on the agency's website, if the agency has a website.​ Subd. 11.Notice; disclosure of warrant.(a) Within a reasonable time but not later than 90 days after​ the court unseals a warrant under this subdivision, the issuing or denying judge shall cause to be served on​ the persons named in the warrant and the application an inventory that shall include notice of:​ (1) the issuance of the warrant or application;​ Official Publication of the State of Minnesota​ Revisor of Statutes​ 2​MINNESOTA STATUTES 2020​626.19​ (2) the date of issuance and the period of authorized, approved, or disapproved collection of information,​ or the denial of the application; and​ (3) whether information was or was not collected during the period.​ (b) A warrant authorizing collection of information with a UAV must direct that:​ (1) the warrant be sealed for a period of 90 days or until the objective of the warrant has been​ accomplished, whichever is shorter; and​ (2) the warrant be filed with the court administrator within ten days of the expiration of the warrant.​ (c) The prosecutor may request that the warrant, supporting affidavits, and any order granting the request​ not be filed. An order must be issued granting the request in whole or in part if, from affidavits, sworn​ testimony, or other evidence, the court finds reasonable grounds exist to believe that filing the warrant may​ cause the search or a related search to be unsuccessful, create a substantial risk of injury to an innocent​ person, or severely hamper an ongoing investigation.​ (d) The warrant must direct that, following the commencement of any criminal proceeding using evidence​ obtained in or as a result of the search, the supporting application or affidavit must be filed either immediately​ or at any other time as the court directs. Until the filing, the documents and materials ordered withheld from​ filing must be retained by the judge or the judge's designee.​ Subd. 12.Reporting.(a) By January 15 of each year, each law enforcement agency that maintains or​ uses a UAV shall report to the commissioner of public safety the following information for the preceding​ calendar year:​ (1) the number of times a UAV was deployed without a search warrant issued under this chapter,​ identifying the date of deployment and the authorized use of the UAV under subdivision 3; and​ (2) the total cost of the agency's UAV program.​ (b) By June 15 of each year, the commissioner of public safety shall compile the reports submitted to​ the commissioner under paragraph (a), organize the reports by law enforcement agency, submit the compiled​ report to the chairs and ranking minority members of the senate and house of representatives committees​ having jurisdiction over data practices and public safety, and make the compiled report public on the​ department's website.​ (c) By January 15 of each year, a judge who has issued or denied approval of a warrant under this section​ that expired during the preceding year shall report to the state court administrator:​ (1) that a warrant or extension was applied for;​ (2) the type of warrant or extension applied for;​ (3) whether the warrant or extension was granted as applied for, modified, or denied;​ (4) the period of UAV use authorized by the warrant and the number and duration of any extensions of​ the warrant;​ (5) the offense specified in the warrant or application or extension of a warrant; and​ (6) the identity of the law enforcement agency making the application and the person authorizing the​ application.​ Official Publication of the State of Minnesota​ Revisor of Statutes​ 626.19​MINNESOTA STATUTES 2020​3​ (d) By June 15 of each year, the state court administrator shall submit to the chairs and ranking minority​ members of the senate and house of representatives committees or divisions having jurisdiction over data​ practices and public safety and post on the supreme court's website a full and complete report concerning​ the number of applications for warrants authorizing or approving use of UAVs or disclosure of information​ from the use of UAVs under this section and the number of warrants and extensions granted or denied under​ this section during the preceding calendar year. The report must include a summary and analysis of the data​ required to be filed with the state court administrator under paragraph (c).​ History: 2020 c 82 s 5​ NOTE: This section, as added by Laws 2020, chapter 82, section 5, is effective August 1, 2020, provided​ that the chief law enforcement officers adopt the written policy required under subdivision 10 no later than​ February 15, 2021. Laws 2020, chapter 82, section 5, the effective date.​ Official Publication of the State of Minnesota​ Revisor of Statutes​ 4​MINNESOTA STATUTES 2020​626.19​ This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. 145 University Ave. West www.lmc.org 8/7/2020 Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2020 All Rights Reserved INFORMATION M EMO Drones: Municipal Use and Regulation Get details on legal developments surrounding unmanned aircraft systems (UAS), or drones. Learn how cities are using drones, how cities can legally operate drones, and other considerations for cities before flying drones. In addition, learn about a city’s authority to regulate drones and access links to helpful Federal Aviation Administration documents and materials. RELEVANT LINKS: I. What are drones? FAA, Un1291manned Aircraft System. A “drone” is a common name for an unmanned aircraft system (UAS). A UAS is an aircraft without a human pilot on board. Instead, the pilot controls the aircraft from the ground. (https://www.faa.gov/uas/). A UAS can range in size, from toys that weigh a few ounces, to military units capable of carrying loads of 3,800 pounds. The Federal Aviation Administration (FAA) refers to a UAS weighing less than 55 pounds as a small UAS (or sUAS). Throughout the remainder of the memo, “drone” will be used in place of UAS or sUAS. II. Federal regulation Michael P. Huerta, Administrator, Federal Aviation Administration, Complainant v. Raphael Pirker, Respondent, NTSB Order No. EA-5730, November 17, 2014. As the federal agency tasked with ensuring the safety of the airspace of the United States, the FAA has jurisdiction to regulate drones. A 2014 decision by the National Transportation Safety Board (NTSB) determined that drones are legally considered to be aircraft. This decision provided the FAA with the requisite authority to regulate drones as aircraft. However, because drones are vastly different than manned aircraft and come with much different safety concerns, the FAA has worked to develop regulations specific to drones. More broadly, regulations applying to manned aircraft do apply to drones when possible. III. City users of drones A. City employees as pilots 14 C.F.R. § 107. See, e.g., Debbie Irmen, Perham Fire Department’s new aerial flight vehicle used at Callaway train derailment, PERHAM FOCUS, April 1, 2016. Cities are already finding many useful applications for drones. Already, cities in Minnesota are using drones in creative ways, such as assisting with emergencies and search-and-rescue operations. To comply with FAA guidelines, municipalities have two options. Cities may choose to either comply with Part 107, which is generally applicable for all commercial drone pilots, or to register under public operation registration. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/7/2020 Drones: Municipal Use and Regulation Page 2 1. Registration under Part 107 Part 107 is a comprehensive regulation developed by the FAA to integrate non-hobby drones into the national airspace. The regulations govern pilot certification, aircraft registration, and operating requirements. Key Part 107 regulations require that drones: FAA, Commercial Operators. • Fly under 400 feet. • Fly only during the day. • Must be kept within the visual line of sight of the pilot. • Must not be flown over people. • Must be operated by pilots who have passed a knowledge test and are at least 16 years old. • Weigh less than 55 pounds. FAA, Part 107 waivers. Besides the pilot certification test, essentially all other Part 107 requirements are subject to individual waivers by the FAA. In other words, if a city is interested in flying under Part 107, but would like to conduct a nighttime flight, the FAA may grant a waiver to allow such a flight. Absent a waiver, the flight would not be authorized. 2. Public operation registration Cities are not required to comply with Part 107. The FAA has a separate registration process for government entities conducting public operations with drones. Under this process, a city must: FAA- Certificate of Waiver or Authorization (COA). • Register online, using the UAS COA online system. By going this route, the city will not have to go through paper registration, which can take up to six weeks. The city will be issued a username and password so that the certificate of waiver or authorization (COA) process can be completed online as well. Once online registration is completed, the city will be given an FAA registration number. Fill the CAPS Access form and submit it via email to 9-AJV-115-UASOrganization@faa.gov. Allow one to two business days for the request to be assigned. Upon meeting the COA requirements, the city will be granted access to submit a COA request. Follow the provisions set out in the COA. The COA will indicate when and where the drone can be flown, as well as any other limitations on the operation of the drone. UAS COA Online System. Part 107 includes default rules for flight operation. Cities should use the alternative registration method if the city determines its drone use would not comply with Part 107. Alternatively, as discussed above, the city could still use Part 107 for most drone flights and seek a waiver for drone activity that would fall outside of Part 107’s parameters. The COA process can be complicated and requires the involvement of the city attorney. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/7/2020 Drones: Municipal Use and Regulation Page 3 FAA, Government Operations Advisory Circular. Not all flights conducted by a city will be considered public operations by the FAA. The FAA has released an advisory circular to assist entities in determining whether a given flight meets the requirements of a public operation. Best practices suggest that a city work with its city attorney to determine if a given flight meets the definition of a public operation. 3. State insurance requirements Minn. Stat. § 360.59. Minnesota Department of Transportation, Drones. Minnesota law requires that any operator of an aircraft must have liability insurance that meets certain minimum coverage levels. The insurance requirements apply equally to drones. If a city has liability insurance through the League of Minnesota Cities Insurance Trust, the city’s insurance will exceed the standards required by statute. While commercial users are also required to register with the Minnesota Department of Transportation (MnDOT) and pay a registration fee, city users are not required to pay the registration fee but must register and provide proof of insurance. B. Contracting for service Cities can still obtain the benefits of drones without owning or operating their own aircrafts. Many businesses offer various drone services that could be of use to cities. Before working with any drone contractor, cities should carefully evaluate whether the contractor has the appropriate clearances to conduct the city’s proposed drone operation. Specifically, cities should ensure the contractor has satisfied the FAA and MnDOT’s registration requirements, as well as MnDOT’s insurance requirements. LMC, Contract Review Service. The League offers a free contract review service for its members. A League attorney will review any agreement with a drone contractor before it is signed to be sure the city’s interests are protected. C. Practical considerations While registration and compliance with MnDOT and FAA rules are both essential prerequisites for flying drones, cities should also be aware of other general considerations and requirements before taking flight. 1. Internal drone policies Cities should consider adopting internal policies regarding drone use. Any policy should address, at a minimum, who has the authority to operate the drone. Beyond operational authority, cities should also consider when and how a drone will be used, or who will have the authority to order a drone’s operation. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/7/2020 Drones: Municipal Use and Regulation Page 4 A city interested in using drones should also consider the public perception of drone usage. Before getting or using a drone, the city should clearly explain to residents what it plans to do with the drone. This can help dispel potential concerns. The city should also consider providing notice to the public to let them know when flights will occur. While not required by law, providing the public with notice of a city drone operation could help reduce the number of questions the city receives regarding a drone flying around the city. FAA, Privacy Guidelines. The FAA has released privacy guidelines for drone users. Though these guidelines are not law, they do provide some good ideas for all drone users for protecting the privacy of others. Any city operating drones should consider including some of the recommendations, or related policies, in its internal drone policy. 2.Data practices and data retention Drone usage will likely create government data because many drones are equipped with cameras. If a city takes photos or records videos or audio with a drone, that data is subject to the Minnesota Government Data Practices Act and the city’s data retention policy. Prior to using a drone, a city should ensure that its data retention policy includes any data generated by a drone. LMC information memo, Data Practices: Analyze, Classify, Respond. Any data obtained while using a drone should be destroyed only in accordance with the city’s data retention policy. Relatedly, cities must consider the data practices implications of any drone footage it maintains. This should include budgeting for the costs of maintaining and securely storing the additional data a city’s drone may create. 3.Warrant requirements Minn. Ch. 82 § 1, 2, and 5. Certain uses of drones may require the city to obtain a warrant prior to the drone operation. While a new law on police use of drones generally requires a warrant, a city’s use outside of a criminal context could also raise warrant issues. For example, if a city uses a drone to fly over a landowner’s backyard to check for code violations, a court could determine that a search requiring a warrant has occurred. However, case law regarding drones is scarce at this point. 4.Law enforcement drone use a.Law enforcement warrant requirements Minn. Ch. 82 § 5, subd. 3.A new law addressing law enforcement use of drones was passed by the Minnesota Legislature in 2020. It addresses law enforcement use of drones, which is governed by a new statute. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/7/2020 Drones: Municipal Use and Regulation Page 5 The effective date for the new drone requirements is Aug. 1, 2020. Under the new requirements, law enforcement agencies are generally required to obtain a search warrant before using a drone. However, there are exceptions. No search warrant is required when a drone is used: •During or in the aftermath of an emergency situation that involves the risk of death or bodily harm to a person. •Over a public event where there is heightened risk to the safety of participants or bystanders. •To counter the risk of a terrorist attack by a specific individual or organization. •To prevent the loss of life and property in natural or man-made disasters and to facilitate post-recovery efforts. •To conduct a threat assessment in anticipation of a specific event. •To collect information from a public area if there is a reasonable suspicion of criminal activity. •To collect information for crash-reconstruction purposes after a serious or deadly collision occurring on a public road. •Over a public area for officer training or public relations purposes. •For a non-law-enforcement purpose at the written request of a government entity. The government entity must specify the reason for the request and proposed period of use. This last exception applies if another city department requests the use of a drone from the police department. For example, the city’s parks and recreation department makes a request to use the police department’s drone to take aerial footage of the city public parks. However, as previously mentioned, some drone use outside the law enforcement context could also raise warrant issues. Therefore, the city should consult the city attorney for a specific use if it is unsure since case law on drones is still scarce at this point. Minn. Ch. 82 § 5, subd. 4. The law requires law enforcement to follow the FAA rules and regulations. It also prohibits deploying facial recognition or other biometric-matching technology on drones, unless authorized by a warrant. It also prohibits equipping drones with weapons or collecting data on public protests or demonstrations unless authorized by a warrant or under one of the search warrant exceptions above. b.Public comment requirements Minn. Ch. 82 § 5, subd. 9. Before a law enforcement agency purchases or uses a drone, the agency must provide an opportunity for public comment. The agency itself must accept public comment electronically or by mail. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/7/2020 Drones: Municipal Use and Regulation Page 6 The city council must also provide an opportunity for public comment at a regularly scheduled meeting. c.Written policies Minn. Ch. 82 § 5, subd. 10. Similar to requirements for body-worn cameras, prior to the operation of a drone, the police chief must establish and enforce a written policy that governs its use. This includes a policy for handling requests for use by other government agencies. While developing and adopting this policy, the agency must provide an opportunity for public comment, either electronically or by mail. The city council must also provide the opportunity for public comment at a regularly scheduled council meeting. The drone policy must be displayed on the city’s website, unless the city does not have a website. If a police department acquires drones now, it has until Feb. 15, 2021, to adopt these policies. However, policies must generally be adopted before law enforcement use of drones. d.Data classification Minn. Ch. 82 § 5, subd 6(a). Law enforcement data collected by a drone is classified as private data on individuals or nonpublic data. Exceptions include: Minn. Stat. sec 13.82, subd 7. Minn. Chapter 13. •If the data subject requests a copy of the recording; data on other individuals who do not consent to its release must be redacted. •Disclosure as necessary in an emergency situation that involves the risk of death or bodily harm to a person. •Disclosure to the government entity making a request for drone use for non-law-enforcement purposes. •If drone data is criminal investigative data, this data is governed by Minnesota Statutes, section 13.82, subdivision 7. •Classification under other provisions of Minnesota Statutes, chapter 13 are retained. e.Reporting Minn. Ch. 82 § 5, subd 12. Minnesota Commissioner of Public Safety. By Jan. 15 of each year, any law enforcement agency that maintains or uses a drone must report the following information to the commissioner of Public Safety: •The number of times a drone has been deployed without a search warrant. This includes the date of the deployment and the statutory warrant exception under the new statute that authorized the use of the drone. RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/7/2020 Drones: Municipal Use and Regulation Page 7 •The total cost of the drone program. IV.City regulation of drones Singer v. City of Newton, CV 17-10071-WGY, 2017 WL 4176477 (D. Mass. Sept. 21, 2017). Cities may be interested in regulating drones to ensure the safety and privacy of residents. However, a city’s ability to regulate drones is a bit complicated. Cities likely have little authority to impose many regulations on drones because the FAA’s authority largely pre-empts a city ordinance in this area. Generally, prohibitions or restrictions on flight paths, required equipment, or knowledge tests for drone operators would likely not be within the purview of local government regulation. On the other hand, privacy concerns involving drones—such as flying close to homes to look inside—is an area local government likely has the authority to regulate. FAA, State and Local Regulation of Unmanned Aircraft Systems (UAS) Fact Sheet. The FAA has expressed that it is concerned with safely incorporating drones into the national airspace, but not with how a drone is used or what tools (such as a camera) may be incorporated onto a drone. As an example, the FAA has indicated a state law prohibiting drones from being used for hunting or fishing is acceptable. It appears likely that cities have authority to regulate the takeoff and landing locations for drones via zoning ordinances. However, cities should be careful not to use this authority to effectively ban drone operations within the city. A broad prohibition is likely to be challenged. It seems unlikely a city’s authority would be broad enough to enact what essentially amounts to a ban on drone operation within city limits. National League of Cities, Cities and Drones: What Cities Need to Know About Unmanned Aerial Vehicles (UAVs). National League of Cities, Drone Ordinance Brief. The National League of Cities has developed a model ordinance for drone use that attempts to balance a city’s interest in regulation with the general interest in allowing innovation in the growing drone industry. Cities interested in regulating drones may find it helpful to look to their current ordinances to determine if any of them can be applied to drones or could be modified to apply to drone operations. It is likely, for example, that an ordinance prohibiting voyeurism could be enforced against a drone operator who is using the drone for voyeuristic purposes. V.Conclusion Drones represent a rapidly changing new technology. The law is only beginning to catch up to the present technology. The League is closely monitoring all developments in the drone arena. Cities may find it beneficial to using drones, but they must plan carefully to keep drone operations safe. CITY COUNCIL STAFF REPORT Monday, August 23, 2021 Subject Brynn Smithson Citizen Action Request Section VISITOR PRESENTATIONS Item No: E.2. Prepared By File No:  ATTACHMENTS: Citizen Action Request Form from Brynn Smithson Print City Council - Citizen Action Request Form Complete this form and submit it prior to the City Council meeting date you wish to present your request. Select the date of the City Council meeting you plan to attend to make your visitor presentation.* NOTE: The City Council meets on the second and fourth Mondays of each month with the following exceptions in 2021: December 20 - Meeting CANCELLED Printable 2021 City Meeting Calendar 2021 City Meeting Calendar View and/or print this calendar to assist with determining when city council meetings are held in order to make your date selection above. Resident Information First Name*Last Name* Address1* Address2 City*State*Zip* Phone Number*Email* If no email address, enter "none." Citizen Action Request Form - Submission #5051 Date Submitted: 8/13/2021 Brynn Smithson 7389 Moccasin Trail Chanhassen MN 55317 9529139726 smithsonbrynn@gmail.com 8/23/2021 Council Action Requested* Provide a brief description of the action you are requesting from the City Council. Summary of Information* Provide a narrative of the request including need, costs, timetable, background, etc. What Happens Next? Immediately upon submission of this form, staff will be notified by email and will provide copies to the City Council prior to the selected meeting date. Questions? Contact Deputy City Clerk Kim Meuwissen at 952-227-1107 or by email. City Council Work Session Discussion Date Action City Council Meeting Date Action I work for the non-profit, The Borgen Project. They work to make global poverty a focus of U.S. foreign policy and have asked me to speak at my City Council. I would like to gain support for the Covax initiative and further foreign funding in any subsequent COVID-19 relief packages in order to combat the pandemic globally and to get the City Council to share their support of it with Sen. Amy Kloubuchar, Sen. Tina Smith and Rep. Dean Phillips. This issues impacts our entire world and with the help of the U.S. government we may be able to reduce the global impacts of COVID and help the U.S. return back to normal as well as improve the country economically. My specific ask requires minimal time and zero cost. This would only require letters to our senators and representative showing support of this initiative. mm/dd/yyyy mm/dd/yyyy CITY COUNCIL STAFF REPORT Monday, August 23, 2021 Subject Fire Department Update Section FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE Item No: F.1. Prepared By Don Johnson, Fire Chief File No:  SUMMARY Monthly fire department updates with call response data from July, 2021. ATTACHMENTS: Narrative Graphs and Tables TO: Laurie Hokkanen, City Manager FROM: Don Johnson, Fire Chief DATE: August 23, 2021 SUBJ: Monthly Fire Department Update Fire Department Staffing Department staffing is at 40 paid on-call firefighters with one firefighter on personal leave due to employment and one firefighter on extended military leave. Fire Department Response The fire department responded to (120) calls for service in July which appears to be a department high water mark. Despite the high volume of calls, the majority were handled by day only staffing and the duty crew resulting in a relatively low impact on the department as a whole. The move towards scheduled staffing allows for major spikes without major impacts just meaning scheduled crews are busier when on shift. Call Breakdown for the month: 2 Chief Only 30 Day Only 60 Duty Crew 28 General Alarms Significant calls included the following:  (73) Rescue/EMS calls with (4) motor vehicle accidents.  (5) Fire Responses o (1) Building Fire – Mutual Aid Response to Minnetonka o (1) RV Fire behind a business on W. 79th o (2) Grass Fires  Hwy 41/W78  7400 Block of Powers Blvd o (1) Outside Equipment Fire  Transformer fire at Hwy 41/Hwy 5 Laurie Hokkanen Fire Department Update Page 2 Other Activities  Assisted Tour de Tonka at 3 intersections on August 7, 2021.  Duty Crew visited a birthday party on August 7, 2021.  Annual Fire Department physicals are being conducted today.  Annual SCBA maintenance and certification is taking place today.  Planning for the Annual Fire Department Open House scheduled for September 27 continues. I would invite council to stop by prior to the regularly scheduled council meeting that evening and take part in the many activities we have scheduled. We have many community sponsors again and will have Community Risk Reduction programs and fun for the families that attend. Fire Training  Assisted Christian Brother’s Auto Fire Sprinkler Designer with obtaining water flow calculations for future building.  Ana Fatturi and I taught Hands-only CPR/AED/Choking Training to ABC Millwork in July.  Worked with Elysium Homes (former Oliver Branch) on updating their building to meet fire code and testing new fire alarm system. The building had several major fire code issues when they took over. Fire Marshal Council Update Thank you to Public Works for allowing us to use their building for training in the month of August. We are training on large scale fire ground operations for large commercial buildings that involves many working parts, including a firefighter mayday operations and rescue. Fire Investigations No active fire investigations.   0 20 40 60 80 100 120 May June July Calls by Type  and Month Rescue & Emergency Medical Service Alarm Calls Good Intent Call Hazardous Condition Service Call Fire 94 88 76 64 71 88 102 85 85 79 84 86 80 75 65 79 77 74 78 82 65 84 75 83 59 66 83 78 81 91 120 20 40 60 80 100 120 140 Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec Chanhassen Fire Department Calls By Month Comparison 2019 2020 2021   753 921 1,002 917 995 400 500 600 700 800 900 1000 1100 2017 2018 2019 2020 2021 Projected Calls for Service by Year Rescue & Emergency  Medical Service 60% Alarm Calls 11% Good Intent Call 10% Hazardous Condition 7% Service Call 7% Fire 5% 2021 Calls for Service by % of Call Type Rescue & Emergency Medical Service Alarm Calls Good Intent Call Hazardous Condition Service Call Fire   S 15% M 15% T 14% W 14% TH 15% F 11% Sa. 16% 2021 CALLS BY  DAY OF WEEK 0 50 100 150 200 250 4‐8a 8‐12p 12‐4p 4‐8p 8‐12a CALLS BY  TIME OF DAY 2019 2020 2021 Basic Incident Date Time: Incident Type (Fd1.21): Elite mnfirereport Incident Type Report (Summary) Incident Type Total Incidents Total Incidents % of Incidents Total Property Loss Total Content Loss Total Loss Incident Type Category: 1 - Fire 111 - Building fire 1 0.8% 122 - Fire in motor home, camper, recreational vehicle 1 0.8%10,000 500 10,500 143 - Grass fire 2 1.7%0 0 0 162 - Outside equipment fire 1 0.8%0 0 0 Total: 5 Total: 4.2%Total: 10,000 Total: 500 Total: 10,500 Incident Type Category: 3 - Rescue & Emergency Medical Service Incident 321 - EMS call, excluding vehicle accident with injury 73 60.8% 322 - Motor vehicle accident with injuries 4 3.3% 331 - Lock-in (if lock out , use 511 )1 0.8% 342 - Search for person in water 1 0.8% 353 - Removal of victim(s) from stalled elevator 1 0.8% Total: 80 Total: 66.7%Total: 0 Total: 0 Total: 0 Incident Type Category: 4 - Hazardous Condition (No Fire) 412 - Gas leak (natural gas or LPG)4 3.3% 424 - Carbon monoxide incident 2 1.7% 444 - Power line down 1 0.8% 445 - Arcing, shorted electrical equipment 1 0.8% Total: 8 Total: 6.7%Total: 0 Total: 0 Total: 0 Incident Type Category: 5 - Service Call 551 - Assist police or other governmental agency 1 0.8% 554 - Assist invalid 4 3.3% Total: 5 Total: 4.2%Total: 0 Total: 0 Total: 0 Incident Type Category: 6 - Good Intent Call 611 - Dispatched and cancelled en route 3 2.5% 6111 - EMS Dispatched and cancelled en route 4 3.3% 622 - No incident found on arrival at dispatch address 2 1.7% 652 - Steam, vapor, fog or dust thought to be smoke 1 0.8% 671 - HazMat release investigation w/no HazMat 1 0.8% Total: 11 Total: 9.2%Total: 0 Total: 0 Total: 0 Incident Type Category: 7 - False Alarm & False Call 735 - Alarm system sounded due to malfunction 1 0.8% 736 - CO detector activation due to malfunction 1 0.8% 743 - Smoke detector activation, no fire - unintentional 2 1.7% 744 - Detector activation, no fire - unintentional 1 0.8% 745 - Alarm system activation, no fire - unintentional 4 3.3% 746 - Carbon monoxide detector activation, no CO 2 1.7% Total: 11 Total: 9.2%Total: 0 Total: 0 Total: 0 Total: 120 Total: 100.0%Total: 10,000 Total: 500 Total: 10,500 Report Filters is between '7/1/2021' and '7/31/2021' Report Criteria Is Not Blank Printed On: 08/02/2021 09:27:22 AM1 of 1 ³CH ±"F) "F) Rice Lake Lotus Lake Clasen Lake Lake Ann Harrison Lake Lake Lucy Rice Lake Lake Susan Lake Riley Rice Marsh Christmas Lake Minnewashta Lake Lake St. Joe ST18 ST15 ST14 ST17 ST61 SA5 SA7 SA5 SA101 SA41 )212Audubo nRdPowersBlvdChanhassen RdArboretum Blvd Hazeltine BlvdPioneer TrlGalpinBlvdLyman Blvd H w y212Hwy 212MarketBlvdGalpinBlvdHwy 7Powers BlvdGreatPlainsBlvdArb o r e t u m B l v d Flying C l o u d D r C o R d 1 0 1 ST101 ST101 GH117 Document Path: K:\Departments\Fire\FireIncidents_RMS\2021-07(July)\2021-07(July).aprxDate Created: 8/9/2021 Created By: City of Chanhassen - Fire Department µ0 4,000 Feet 0 0.5 Mile City of Chanhassen Fire Calls for Service - July 2021 Calls For Service - July ³CH ±City Hall "F)Fire Station Railroad Rivers Lakes Parks Parcel Boundaries Fire Box Alarm Zones North Box South Box West Box CITY COUNCIL STAFF REPORT Monday, August 23, 2021 Subject Law Enforcement Update Section FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE Item No: F.2. Prepared By Lt. Lance Pearce, CCSO File No:  ATTACHMENTS: Memo Monthly breakdown Call trends Months stats NIBRS codes Page 1 Memo TO: Mayor Ryan and Chanhassen City Council Members FROM: Lieutenant Lance Pearce DATE: August 10, 2021 RE: Law Enforcement Update Attached are the agenda items for the City of Chanhassen council meeting August 23, 2021, for your review and consideration. 1. Carver County Sheriff’s Office City of Chanhassen July 2021 Calls for Service Summary; Group A, Group B, Non-Criminal, Traffic and Administrative. 2. Carver County Sheriff’s Office City of Chanhassen July 2021 Arrest Summary. 3. Carver County Sheriff’s Office City of Chanhassen July 2021 Citation Summary. 4. July 2021 monthly breakdown 5. 2019-2021 Call trends 6. Staffing update: One vacancy in the contract (SRO) and one patrol assignment 7. Training update: Mobile Field Force trainings scheduled mid-August 8. Presentation by Sgt Nate Mueller on Carver County Sheriff’s K9 Unit Lieutenant Chanhassen Office July 2021 Carver County Sheriff’s Office City of Chanhassen Call for Service Total Patrol Activity=953 64 25 586 Felony Misdemeanor Non Criminal Traffic July 2021 Types of Calls CFS=953 278 8 41 2 13 July 2021 Group A Felony Assault Felony Theft Drug Felony Other 0 20 40 60 80 100 120 140 July 2021 Non Criminal 24 158 31 29 Driving Complaint Traffic Stops Crashes Citations Traffic 2019-2021 Call Trends Carver County Sheriff’s Office City of Chanhassen 0 1 2 3 4 5 6 7 8 9 10 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Domestics by Month 2019 Domestics by Month 2020 Domestics by Month 2021 Domestics by Month 0 1 2 3 4 5 6 7 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Domestic Assault by Month 2019 Domestic Assault by Month 2020 Domestic Assault by Month 2021 Domestic Assault by Month 0 5 10 15 20 25 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Mental Health by Month 2019 Mental Health by Month 2020 Mental Health by Month 2021 Mental Health by Month 0 10 20 30 40 50 60 70 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Fraud/ Theft by Month 2019 Fraud/ Theft by Month 2020 Fraud/ Theft by Month 2021 Fraud/ Theft by Month CITY COUNCIL STAFF REPORT Monday, August 23, 2021 Subject Resolution 2021­XX: Adopt Resolution Vacating Public Right­of­Way of a Portion of Ruby Lane Section PUBLIC HEARINGS Item No: H.1. Prepared By Erik Henricksen, Project Engineer File No: Vacation Case No. 2021­01 PROPOSED MOTION “The City Council adopts a resolution approving the vacation of portions of the public right­of­way legally described as Ruby Lane between Lot 1,Block 4, and Lot 2, Block 3,  Ashling Meadows 2nd Addition, according to the recorded plat thereof, Carver County, Minnesota." Approval requires a Simple Majority Vote of members present. BACKGROUND The public right­of­way was intended to be used for the future extension of Ruby Lane to the south. The public right­ of­way is shown on the recorded plat for the Ashling Meadows 2nd Addition subdivision. DISCUSSION The area defined as public right­of­way (ROW) between Lot 1, Block 4 and Lot 2,Block 3 of Ashling Meadows 2nd Addition will not be utilized as a roadway and is not required for the future extension of a public street (Ruby Lane). The Bluffs at Lake Lucy subdivision, a part of The Park PUD, was not required to utilize or extend Ruby Lane and as such the right­of­way is no longer needed.  Furthermore, the Ruby Lane stub and temporary cul­de­sac have been removed and the area restored in accordance with the approved plans associated with The Bluffs at Lake Lucy. The vacated ROW area will become the property of the adjacent property owners, divided at the centerline of the existing ROW. The city does own and maintain public storm sewer and public water main within the area proposed for vacation, thus permanent public drainage and utility easements will be required to be recorded prior to or concurrently with the vacation of the right­of­way.  The applicants have provided the legal descriptions and easement exhibits which have been reviewed by staff and were found to be adequate. RECOMMENDATION Staff recommends granting the vacation of the public right­of­way sections between Lot 1,Block 4 and Lot 2,Block 3 as shown on the Ashling Meadows 2nd Addition plat.  CITY COUNCIL STAFF REPORTMonday, August 23, 2021SubjectResolution 2021­XX: Adopt Resolution Vacating Public Right­of­Way of a Portion of Ruby LaneSectionPUBLIC HEARINGS Item No: H.1.Prepared By Erik Henricksen, Project Engineer File No: Vacation Case No. 2021­01PROPOSED MOTION“The City Council adopts a resolution approving the vacation of portions of the public right­of­way legally describedas Ruby Lane between Lot 1,Block 4, and Lot 2, Block 3,  Ashling Meadows 2nd Addition, according to the recordedplat thereof, Carver County, Minnesota."Approval requires a Simple Majority Vote of members present.BACKGROUNDThe public right­of­way was intended to be used for the future extension of Ruby Lane to the south. The public right­of­way is shown on the recorded plat for the Ashling Meadows 2nd Addition subdivision.DISCUSSIONThe area defined as public right­of­way (ROW) between Lot 1, Block 4 and Lot 2,Block 3 of Ashling Meadows 2ndAddition will not be utilized as a roadway and is not required for the future extension of a public street (Ruby Lane). TheBluffs at Lake Lucy subdivision, a part of The Park PUD, was not required to utilize or extend Ruby Lane and as suchthe right­of­way is no longer needed.  Furthermore, the Ruby Lane stub and temporary cul­de­sac have been removedand the area restored in accordance with the approved plans associated with The Bluffs at Lake Lucy.The vacated ROW area will become the property of the adjacent property owners, divided at the centerline of theexisting ROW.The city does own and maintain public storm sewer and public water main within the area proposed for vacation, thuspermanent public drainage and utility easements will be required to be recorded prior to or concurrently with thevacation of the right­of­way.  The applicants have provided the legal descriptions and easement exhibits which havebeen reviewed by staff and were found to be adequate.RECOMMENDATION Staff recommends granting the vacation of the public right­of­way sections between Lot 1,Block 4 and Lot 2,Block 3 as shown on the Ashling Meadows 2nd Addition plat.  ATTACHMENTS: 1861 Topaz Drive ­ Vacation Application 1877 Topaz Drive ­ Vacation Application 1861 Topaz Drive ­ Notice of Public Hearing 1877 Topaz Drive ­ Notice of Public Hearing Affidavit of Mailing 1861 Topaz Drive ­ Resolution 1877 Topaz Drive ­ Resolution 1861 Topaz Drive ­ Proposed Vacation Area 1877 Topaz Drive ­ Proposed Vacation Area Hamborg ­ Grant of Permanent Easement Gempler ­ Grant of Permanent Easement Ashling Meadows 2nd Addition ­ Plat CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR VACATION OF EASEMENTS FOR RUBY LANE NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, August 23, 2021 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard, pursuant to Minnesota Statutes §412.851 to consider the vacation of a portion of Ruby Lane abutting the property located at 1861 Topaz Drive, legally described as follows: The East Half of Ruby Lane, as dedicated in the recorded plat of Ashling Meadows 2 nd Addition, Carver County, Minnesota lying southerly of a line 30 feet south and parallel with the centerline of Topaz Drive, as dedicated in said Ashling Meadows 2nd Addition (“Easement”) All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Erik R. Henricksen, EIT, Project Engineer Phone: 952-227-1165 (Publish in the Chanhassen Villager on August 12, & August 19, 2021) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR VACATION OF EASEMENTS FOR RUBY LANE NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, August 23, 2021 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard, pursuant to Minnesota Statutes §412.851 to consider the vacation of a portion of Ruby Lane abutting the property located at 1877 Topaz Drive, legally described as follows: The West Half of Ruby Lane, as dedicated in the recorded plat of Ashling Meadows 2nd Addition, Carver County, Minnesota lying southerly of a line 30 feet south and parallel with the centerline of Topaz Drive, as dedicated in said Ashling Meadows 2nd Addition (“Easement”); All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Erik R. Henricksen, EIT, Project Engineer Phone: 952-227-1165 (Publish in the Chanhassen Villager on August 12, & August 19, 2021) CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COLJNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on August 4,2021,the duly qualified and acting City Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached Notice of Public Hearing for the Vacation of Easements for Ruby Lane No. 21-01, to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver and Hennepin Counties, Minnesota, and by other appropriate records. Kim T.City Clerk Subscribed and this 4ft day o to before me 2021f JEATII M SIECKLII,IG l.l6ry Rtlblrlrnese ftolrffirEgf..Itil,,Ea Notary Public *T. 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: August 23, 2021 RESOLUTION NO: 2021-XX_______________ MOTION BY:____________________ SECONDED BY:__________________________ RESOLUTION VACATING A SEGMENT OF RUBY LANE WHEREAS, Eric S. Hamborg and Lisa M. Hamborg (“Applicants) have applied for vacation of a portion of Ruby Lane abutting their property located at 1861 Topaz Drive, Chanhassen, Minnesota, 55318 and legally described as follows: Lot 2, Block 3, Ashling Meadows 2nd Addition, Carver County, Minnesota, according to the recorded plat thereof (“Applicant Property”); WHEREAS, pursuant to Minnesota Statutes § 412.851 the City Council of the City of Chanhassen has conducted a hearing preceded by the statutorily required two (2) weeks published and posted notice and mailed notice to the abutting property owners, to consider the vacation of the following roadway: The East Half of Ruby Lane, as dedicated in the recorded plat of Ashling Meadows 2 nd Addition, Carver County, Minnesota lying southerly of a line 30 feet South and parallel with the centerline of Topaz Drive, as dedicated in said Ashling Meadows 2nd Addition (“Easement”); WHEREAS, following the hearing and consideration of the proposed vacation, the City Council finds that the Easement is not needed for public purposes. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Chanhassen City Council: 1. The following Easement for Ruby Lane is vacated subject to the conditions provided in this Resolution: The East Half of Ruby Lane, as dedicated in the recorded plat of Ashling Meadows 2 nd Addition, Carver County, Minnesota lying southerly of a line 30 feet South and parallel with the centerline of Topaz Drive, as dedicated in said Ashling Meadows 2nd Addition (“Easement”) 2. The vacation of the Easement is conditioned upon the following: a. The Applicant granting an easement to the City for drainage and utility purposes over all existing and proposed public utilities simultaneously with the 2 recording of this Resolution, which easement shall restrict grading or filling of the easement by Applicant or any future owner of the of the Applicant Property and must be in a form approved by the City; 3. The vacation shall not affect the authority of any person, corporation, or municipality owning or controlling the electric or telephone poles and lines, gas lines, sanitary and storm sewer lines, water pipes, mains, hydrants, and natural drainage areas thereon or thereunder, to continue maintain the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereof. 4. The City Clerk shall transmit a certified duplicate of this Resolution to the County Auditor and County Recorder together with the easements identified in Paragraph 2 of this Resolution. PASSED AND ADOPTED by the Chanhassen City Council this ______ day of ______________, 2021. ATTEST: ___________________________________ ___________________________________ Laurie Hokkanen, City Manager Elise Ryan, Mayor YES NO ABSENT 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: August 23, 2021 RESOLUTION NO: 2021-XX_______________ MOTION BY:____________________ SECONDED BY:__________________________ RESOLUTION VACATING A SEGMENT OF RUBY LANE WHEREAS, Mark E. Gempler and Juli A. Gempler (“Applicants) have applied for vacation of a portion of Ruby Lane abutting their property located at 1877 Topaz Drive, Chanhassen, Minnesota, 55317 and legally described as follows: Lot 1, Block 4, Ashling Meadows 2nd Addition, Carver County, Minnesota, according to the recorded plat thereof (“Applicant Property”); WHEREAS, pursuant to Minnesota Statutes § 412.851 the City Council of the City of Chanhassen has conducted a hearing preceded by the statutorily required two (2) weeks published and posted notice and mailed notice to the abutting property owners, to consider the vacation of the following roadway: The West Half of Ruby Lane, as dedicated in the recorded plat of Ashling Meadows 2nd Addition, Carver County, Minnesota lying southerly of a line 30 feet South and parallel with the centerline of Topaz Drive, as dedicated in said Ashling Meadows 2nd Addition (“Easement”); WHEREAS, following the hearing and consideration of the proposed vacation, the City Council finds that the Easement is not needed for public purposes. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Chanhassen City Council: 1. The following Easement for Ruby Lane is vacated subject to the conditions provided in this Resolution: The West Half of Ruby Lane, as dedicated in the recorded plat of Ashling Meadows 2nd Addition, Carver County, Minnesota lying southerly of a line 30 feet South and parallel with the centerline of Topaz Drive, as dedicated in said Ashling Meadows 2nd Addition (“Easement”) 2. The vacation of the Easement is conditioned upon the following: a. The Applicant granting an easement to the City for drainage and utility purposes over all existing and proposed public utilities simultaneously with the 2 recording of this Resolution, which easement shall restrict grading or filling of the easement by Applicant or any future owner of the of the Applicant Property and must be in a form approved by the City; 3. The vacation shall not affect the authority of any person, corporation, or municipality owning or controlling the electric or telephone poles and lines, gas lines, sanitary and storm sewer lines, water pipes, mains, hydrants, and natural drainage areas thereon or thereunder, to continue maintain the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereof. 4. The City Clerk shall transmit a certified duplicate of this Resolution to the County Auditor and County Recorder together with the easements identified in Paragraph 2 of this Resolution. PASSED AND ADOPTED by the Chanhassen City Council this ______ day of ______________, 2021. ATTEST: ___________________________________ ___________________________________ Laurie Hokkanen, City Manager Elise Ryan, Mayor YES NO ABSENT 216859v1 1 (reserved for recording information) GRANT OF PERMANENT EASEMENT FOR DRAINAGE AND UTILITY PURPOSES ERIC S. HAMBORG and LISA M. HAMBORG, married to each other, hereinafter referred to as "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, as described on the attached Exhibit "A" and depicted on the attached Exhibit “B” (the Easement Property”). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Property at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems over, across, on, under, and through the Easement Property, together with the right to grade, level, fill, drain, pave and excavate the Easement Property, and the further right to remove trees, bushes, undergrowth, and other 216859v1 2 obstructions interfering with the location, construction, and maintenance of said public drainage and utility systems. Grantors, and future owners of the Property, shall be restricted from grading or filling of the Easement Property. The above-named Grantors, for themselves, their heirs, successors and assigns do covenant with the City, its successors and assigns, that they are well seized in fee title of the above-described Easement Property; that they have the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the Easement Property; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. Remainder of page intentionally left blank. Signature page follows. 216859v1 3 IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this _______ day of _______________, 2021. GRANTORS: Eric S. Hamborg Lisa M. Hamborg STATE OF MINNESOTA ) ( ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this _______ day of _____________, 2021, by Eric S. Hamborg and Lisa M. Hamborg, married to each other, Grantors. ___________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP 216859v1 4 EXHIBIT "A" to GRANT OF PERMANENT EASEMENT Legal Description of Property: Lot 2, Block 3, Ashling Meadows 2nd Addition, Carver County, Minnesota, according to the recorded plat thereof. Legal Description of Drainage and Utility Easement: A permanent easement for public drainage and utility purposes over, under, on, across and through the East 20 feet of the West 25 feet of the East Half of vacated Ruby Lane, Ashling Meadows 2nd Addition, Carver County, Minnesota, lying North of the South 36 feet thereof. AND The West 25 feet of the North 20 feet of the South 36 feet of the East Half of vacated Ruby Lane, Ashling Meadows 2nd Addition, Carver County, Minnesota, AND That part of the East Half of vacated Ruby Lane, Ashling Meadows 2nd Addition, Carver County, Minnesota, lying southwesterly of the following described line: Beginning at the Southwest corner of Lot 2, Block 3, Ashling Meadows 2nd Addition; thence northwesterly to a point on the centerline of vacated Ruby Lane, point being 42 feet North of the intersection of said centerline and the South line of Ashling Meadows 2nd Addition and said line there terminating. [1861 Topaz Drive, Chanhassen, MN / Torrens COT 32071] EXHIBIT "B" to GRANT OF PERMANENT EASEMENT 216859v1 5 216859v1 6 MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT EASEMENT PENTAGON FEDERAL CREDIT UNION, a corporation organized and existing under the laws of the United States of America, which holds a Mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which Mortgage is dated January 17, 2015 and recorded February 3, 2015, in the Office of the Registrar of Titles in and for Carver County, Minnesota, as Document No. T194441, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to, and is subject to the foregoing Grant of Permanent Easement. Dated this _____ day of ____________, 2021. PENTAGON FEDERAL CREDIT UNION By: ______________________________ Its ___________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ____________) The foregoing instrument was acknowledged before me the _____ day of _________, 2021, by __________________________, the __________________________________ of Pentagon Federal Credit Union, a corporation organized and existing under the laws of the United States of America, on behalf of the entity. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON PROFESSIONAL ASSOCIATION Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP 216845v1 1 (reserved for recording information) GRANT OF PERMANENT EASEMENT FOR DRAINAGE AND UTILITY PURPOSES MARK E. GEMPLER and JULI A. GEMPLER, married to each other, hereinafter referred to as "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, as described on the attached Exhibit "A" and depicted on the attached Exhibit “B” (the Easement Property”). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Property at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems over, across, on, under, and through the Easement Property, together with the right to grade, level, fill, drain, pave and excavate the Easement Property, and the further right to remove trees, bushes, undergrowth, and other 216845v1 2 obstructions interfering with the location, construction, and maintenance of said public drainage and utility systems. Grantors, and future owners of the Property, shall be restricted from grading or filling of the Easement Property. The above-named Grantors, for themselves, their heirs, successors and assigns do covenant with the City, its successors and assigns, that they are well seized in fee title of the above-described Easement Property; that they have the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the Easement Property; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. Remainder of page intentionally left blank. Signature page follows. 216845v1 3 IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this _______ day of _______________, 2021. GRANTORS: Mark E. Gempler Juli A. Gempler STATE OF MINNESOTA ) ( ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this _______ day of _____________, 2021, by Mark E. Gempler and Juli A. Gempler, married to each other, Grantors. ___________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP 216845v1 4 EXHIBIT "A" to GRANT OF PERMANENT EASEMENT Legal description of Property: Lot 1, Block 4, Ashling Meadows 2nd Addition, Carver County, Minnesota, according to the recorded plat thereof. Legal Description of Drainage and Utility Easement: A permanent easement for public drainage and utility purposes over, under, on, across and through the East 20 feet of the West Half of vacated Ruby Lane, Ashling Meadows 2nd Addition, Carver County, Minnesota. And The North 20 feet of the South 36 feet of the West Half of vacated Ruby Lane, Ashling Meadows 2nd Addition, Carver County, Minnesota. [1877 Topaz Drive, Chanhassen, MN / Torrens COT 31521] EXHIBIT "B" to GRANT OF PERMANENT EASEMENT 216845v1 5 216845v1 6 MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT EASEMENT MIN 1000596-0009324195-3 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., organized and existing under the laws of the State of Delaware, acting solely as a nominee for Wells Fargo Bank, N.A., its successors and assigns, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement for Drainage and Utility Purposes, which mortgage is dated July 29, 2004 and recorded September 9, 2004 as Document No. T148450 with the offices of the Carver County Registrar of Titles, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to, and is subject to the foregoing Grant of Permanent Easement. Dated this _____ day of ____________, 2021. MORTGAGEE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. By: ____________________________ [print name] Its: [title] STATE OF ______________ ) ) ss. COUNTY OF ____________ ) On _________________, 2021, before me appeared _____________________________, to me personally known, who did say that s/he/they is (are) the ___________________________ of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as MORTGAGEE, and that the instrument was signed on behalf of the corporation, by authority from its board of directors, and that s/he/they acknowledge the instrument to be the free act and deed of the corporation. ________________________________________ Notary Public DRAFTED BY: CAMPBELL, KNUTSON [DSK] Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP CITY COUNCIL STAFF REPORT Monday, August 23, 2021 Subject Ordinance XXX: Approve Franchise Ordinance for Cable Franchise Agreement with CMN­ RUS (dba MetroNet) Section NEW BUSINESS Item No: I.1. Prepared By Jake Foster, Assistant City Manager File No: ADM­334 PROPOSED MOTION “The City Council approves Franchise Ordinance XXX for the cable franchise agreement with CMN­RUS (dba MetroNet)." Approval requires a Simple Majority Vote of members present. BACKGROUND The Chanhassen City Council held a public hearing on May 10, 2021 to consider an application from CMN­RUS, Inc., d/b/a MetroNet (“MetroNet”) requesting a cable franchise from the City of Chanhassen to provide cable services in the City.  Attorney Brian Grogan, Moss & Barnett, reviewed and prepared a report regarding the MetroNet application.  A resolution was adopted by the City Council concluding that MetroNet possesses the requisite legal, technical, and financial qualifications to own and operate a cable system in the City. The City thereafter conducted franchise negotiations with MetroNet.  The City used the existing Mediacom cable franchise as a starting point for the negotiations with MetroNet.  The goal in using the Mediacom franchise as a starting point was to ensure that competing cable operators will be franchised under similar terms and conditions.  The focus of the MetroNet negotiations was to amend the Mediacom franchise to address MetroNet’s fiber­to­the­premise (FTTP) cable system and related issues. MetroNet proposes to build fiber to most dwelling units within the City subject to build­out criteria specified in the franchise.  The franchise generally requires MetroNet to build to 85% of the dwelling units within the City, subject to certain exceptions noted in the franchise.  There are also line extension obligations which can be used to require additional buildout beyond the 85% initial service area.  MetroNet has indicated its expectation that it will exceed the 85% within the first two years of construction.  However, it is important to note that the contract calls for 85% coverage of the initial service area within three (3) years of the effective date. The Franchise also addresses certain requests from MetroNet regarding permitting and construction standards.  Those obligations are outlined in Section 3 of the franchise.  The goal of these provisions is to speed the granting of construction permits to facilitate the short construction season available in Minnesota and to provide the necessary protections to the City to verify that construction is proceeding in accordance with applicable code provisions and the terms of the Franchise. CITY COUNCIL STAFF REPORTMonday, August 23, 2021SubjectOrdinance XXX: Approve Franchise Ordinance for Cable Franchise Agreement with CMN­RUS (dba MetroNet)Section NEW BUSINESS Item No: I.1.Prepared By Jake Foster, Assistant City Manager File No: ADM­334PROPOSED MOTION“The City Council approves Franchise Ordinance XXX for the cable franchise agreement with CMN­RUS (dbaMetroNet)."Approval requires a Simple Majority Vote of members present.BACKGROUNDThe Chanhassen City Council held a public hearing on May 10, 2021 to consider an application from CMN­RUS,Inc., d/b/a MetroNet (“MetroNet”) requesting a cable franchise from the City of Chanhassen to provide cableservices in the City.  Attorney Brian Grogan, Moss & Barnett, reviewed and prepared a report regarding theMetroNet application.  A resolution was adopted by the City Council concluding that MetroNet possesses therequisite legal, technical, and financial qualifications to own and operate a cable system in the City.The City thereafter conducted franchise negotiations with MetroNet.  The City used the existing Mediacom cablefranchise as a starting point for the negotiations with MetroNet.  The goal in using the Mediacom franchise as a startingpoint was to ensure that competing cable operators will be franchised under similar terms and conditions.  The focus ofthe MetroNet negotiations was to amend the Mediacom franchise to address MetroNet’s fiber­to­the­premise(FTTP) cable system and related issues.MetroNet proposes to build fiber to most dwelling units within the City subject to build­out criteria specified in thefranchise.  The franchise generally requires MetroNet to build to 85% of the dwelling units within the City, subject tocertain exceptions noted in the franchise.  There are also line extension obligations which can be used to requireadditional buildout beyond the 85% initial service area.  MetroNet has indicated its expectation that it will exceed the85% within the first two years of construction.  However, it is important to note that the contract calls for 85%coverage of the initial service area within three (3) years of the effective date.The Franchise also addresses certain requests from MetroNet regarding permitting and construction standards.  Thoseobligations are outlined in Section 3 of the franchise.  The goal of these provisions is to speed the granting ofconstruction permits to facilitate the short construction season available in Minnesota and to provide the necessaryprotections to the City to verify that construction is proceeding in accordance with applicable code provisions and the terms of the Franchise. Through a separate Fiber Agreement MetroNet has agreed to provide additional dark fiber to the City to address certain communications needs of various institutional buildings within the City.  These buildings and facilities are specified within the Fiber Agreement.  In exchange for the construction of these institutional fiber connections, the City has agreed to waive the permitting fees otherwise applicable during construction of the initial service area.  The benefit to the City in obtaining the dark fiber far exceeds the revenue which may have been generated by the applicable permit fees.  Moreover, this fiber will address the City’s needs for connectivity to institutions that have not been connected through other agreements with alternative providers. The Franchise also includes strong customer service provisions as well as local public, educational and governmental (PEG) access provisions, which meet or exceed those imposed upon Mediacom, to ensure that local programming content will be available on the cable system.  The franchise also contains a number of security provisions including insurance, indemnification and bonding to protect the City’s interests over the 10­year franchise term. Financial Impacts: The franchise includes a 5% franchise fee and a 60¢ per subscriber, per month PEG Fee.  These requirements are consistent with the existing Mediacom franchise and are consistent with the City’s future needs and interests with respect to local PEG programming.  These amounts are also permitted to be included in a local cable franchise under state and federal law. ATTACHMENTS: City of Chanhassen and MetroNet Cable Franchise Agreement City of Chanhassen and MetroNet Fiber Agreement Mediacom Response Letter 6689937v5 CABLE TELEVISION FRANCHISE ORDINANCE City of Chanhassen, Minnesota and CMN-RUS, INC. August 13, 2021 1 6689937v5 ORDINANCE NO. _____ AN ORDINANCE GRANTING A FRANCHISE TO CMN-RUS, INC. TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM IN THE CITY OF CHANHASSEN, MINNESOTA; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. The City Council of the City of Chanhassen ordains. STATEMENT OF INTENT AND PURPOSES The City of Chanhassen intends, by the adoption of this Franchise, to bring about the construction of an all fiber Cable System and the continued operation of it. Such an all fiber Cable System can contribute significantly to the communications needs and desires of the residents and citizens of the City and the public generally. Further, City may achieve better utilization and improvement of public services and enhanced economic development with the development and operation of a Cable System. FINDINGS In the review of the request for a franchise by Grantee and negotiations related thereto, and as a result of a public hearing, the City Council makes the following findings: 1. Grantee’s technical ability, financial condition, legal qualifications, character and other municipal franchise experience were considered and approved in a full public proceeding after due notice and a reasonable opportunity to be heard; 2. Grantee’s plans for constructing and operating the Cable System were considered and found adequate and feasible in a full public proceeding after due notice and a reasonable opportunity to be heard; 3. The Franchise granted to Grantee by City complies, to the best of their knowledge, with the existing applicable State statutes, federal laws and regulations; and 4. The Franchise granted to Grantee is nonexclusive. SECTION 1. SHORT TITLE AND DEFINITIONS 1.1 Short Title. This Franchise shall be known and cited as the Cable Television Franchise Ordinance. 1.2 Definitions. For purposes of this Franchise, the following terms, phrases, words and their derivations shall have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this section. The words “shall” and “will” are mandatory and “may” is permissive. Words not defined shall be given their common and ordinary meaning. 2 6689937v5 (a) “Applicable Laws” means any local law, or federal or State statute, law, regulation or other final legal authority governing any of the matters addressed in this Franchise. (b) “Basic Cable Service” means any service tier which includes the lawful retransmission of local television broadcast signals. Basic Cable Service as defined herein shall not be inconsistent with 47 U.S.C. § 543(b)(7)(1993). (c) “Cable Act” means the Cable Communications Policy Act of 1984, Pub. L. No. 98- 549, 98 Stat. 2779 (1984) (codified at 47 U.S.C. §§ 521-611 (1982 & Supp. V 1987)) as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385 and the Telecommunications Act of 1996, Pub. L. No. 104-458 and as the same may, from time to time, be amended. (d) “Cable Service” or “Service” means: (i) The one-way transmission to Subscribers of (i) video programming, or (ii) other programming service; and Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. (e) “Cable System” or “System” means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple Subscribers within a community, but such term does not include: (i) A facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; (ii) A facility that serves Subscribers without using any public rights-of-way; (iii) A facility of a common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. §§ 201-226, except that such facility shall be considered a Cable System (other than for purposes of 47 U.S.C. § 541) to the extent such facility is used in the transmission of video programming directly to Subscribers; unless the extent of such use is solely to provide interactive on-demand services; (iv) An open video system that complies with Section 653 of the Cable Act; or (v) Any facilities of any electric utility used solely for operating its electric utility system. (f) “Channel” or “Cable Channel” means a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television Channel as defined by the Federal Communications Commission. 3 6689937v5 (g) “City” means the City of Chanhassen, Minnesota as represented by the Council or any delegate acting within the scope of its jurisdiction. The City Manager shall be responsible for the continuing administration of this Franchise. (h) “Council” means the City Council of the City of Chanhassen, Minnesota. (i) “Drop” means the cable that connects the ground block on the Subscriber’s residence to the nearest feeder cable of the System. (j) “Dwelling Unit” means any residential single family and multi-family home or unit (consistent with City Code Section 7.20) or business located within the City that is capable of receiving Grantee’s Cable Service without the need for Grantee to obtain any private property rights from a third party or that has access to Cable Service through a fiber-to-the- premises network. (k) “FCC” means the Federal Communications Commission and any legally appointed, designated or elected agent or successor. (l) “Franchise” means this Franchise and the regulatory and contractual relationship established hereby. (m) “Franchise Fee” means any tax, fee or assessment of any kind imposed by the City or any other Governmental Authority on a Grantee or cable Subscriber, or both, solely because of their status as such. The term “Franchise Fee” does not include: (i) any tax, fee or assessment of general applicability (including any such tax, fee or assessment imposed on both utilities and cable operators or their services but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or cable Subscribers); (ii) capital costs which are required by the Franchise to be incurred by the Grantee for PEG Access Facilities; (iii) requirements or charges incidental to the awarding or enforcing of the Franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties or liquidated damages; or (iv) any fee imposed under Title 17 of the United States Code. (n) “GAAP” means generally accepted accounting principles as promulgated and defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”). (o) “Governmental Authority” means any court or other federal, State, county, municipal or other governmental department, commission, board, agency or instrumentality. (p) “Grantee” is CMN-RUS, Inc., its agents and employees, lawful successors, transferees or assignees. (q) “Gross Revenues” means any and all revenues derived by the Grantee from the operation of the Cable System to provide Cable Services in the Service Area. Gross Revenues shall include, by way of example but not limitation, revenues from Basic Cable Service, all Cable Service fees, premium, pay-per-view, pay television, late fees, guides, 4 6689937v5 home shopping revenue, Installation and reconnection fees, revenues from program guides and electronic guides, additional outlet fees, Franchise Fees required by this Franchise, upgrade and downgrade fees, advertising revenue, set-top box rental fees and lockout device fees and any and all other revenue derived by the Grantee from the operation of Grantee’s Cable System to provide Cable Services in the City. Copyright fees or other license fees paid by Grantee shall not be subtracted from Gross Revenues for purposes of calculating Franchise Fees. Gross Revenues shall include revenue received by any affiliated entity where that affiliated entity receives revenue from the operation of the Cable System to provide Cable Services in the Service Area. Revenues which are not directly attributable to specific customers, such as advertising revenue and home shopping commissions, shall be allocated to systems and jurisdictions on a per subscriber basis measured in a consistent manner from period to period. “Gross Revenues” shall not be net of (1) any operating expense; (2) any accrual, including, without limitation, any accrual for commissions; or (3) any other expenditure, regardless of whether such expense, accrual or expenditure reflects a cash payment. “Gross Revenues”, however, shall not be double counted. Revenues of both Grantee and an affiliated entity that represent a transfer of funds between the Grantee and the affiliated entity, and that would otherwise constitute Gross Revenues of both the Grantee and the affiliated entity, shall be counted only once for purposes of determining Gross Revenues. Similarly, operating expenses of the Grantee which are payable from Grantee’s revenue to an affiliated entity and which may otherwise constitute revenue of the affiliated entity, shall not constitute additional Gross Revenues for purposes of this Franchise. “Gross Revenues shall not include any taxes, fees or assessments of general applicability imposed or assessed by any Governmental Authority. A Franchise Fee is not such a tax, fee or assessment. The City acknowledges and accepts that Grantee shall maintain its books and records in accordance with GAAP. (r) “Headend” means the point of origination and processing for most of the signals received by the Cable System from external content providers. (s) “Initial Service Area” means a geographic area that represents at least eighty-five percent (85%) of the Dwelling Units in the City. (t) “Installation” means the connection of the System from feeder cable to the point of connectivity. (u) “Normal Business Hours” means those hours during which most similar businesses in the City are open to serve customers. In all cases, “Normal Business Hours” must include some evening hours at least one (1) night per week and/or some weekend hours. (v) “Normal Operating Conditions” means those service conditions which are within the control of the Grantee. Those conditions which are not within the control of the Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the System. 5 6689937v5 (w) “PEG” means public, educational and governmental. (x) “Person” means any individual or any association, firm, general partnership, limited partnership, joint stock company, joint venture, trust, corporation, limited liability company or other legally recognized entity, private or public, whether for-profit or not-for- profit. (y) “Public, Educational or Governmental Access Facilities” or “PEG Access Facilities” means: (i) Channel capacity designated for public, educational or governmental use; and (ii) Facilities and equipment for the use of such Channel capacity. (z) “Service Area” or “Franchise Area” means the entire geographic area within the City as it is now constituted or may in the future be constituted, unless otherwise specified in this Franchise. (aa) “Service Interruption” means the loss of picture or sound on one (1) or more Cable Channels. (bb) “Standard Installation” means the first Two Hundred Fifty (250) feet of residential Drop. (cc) “State” means the State of Minnesota. (dd) “Street” means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane or public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city. “Street” shall not include any real or personal City property that is not specifically described in the previous sentence and shall not include City buildings, fixtures and other structures or improvements, regardless of whether they are situated in the public right-of-way. (ee) “Subscriber” means any Person who lawfully elects to subscribe to Cable Service via the System. In the case of multiple office buildings or multiple dwelling units, the “Subscriber” means the lessee, tenant or occupant. (ff) “Wireline MVPD” means a multichannel video programming distributor that utilizes the Streets to install cable or fiber and is engaged in the business of making available for purchase, by Subscribers, multiple Channels of video programming in the City. 1.3 Written Notice. All notices, reports or demands required or permitted to be given under this Franchise shall be in writing and shall be deemed to be given when delivered personally to the party designated below, or when five (5) days have elapsed after it has been deposited in the United States mail in a sealed envelope, with registered or certified mail, postage prepaid thereon, or on 6 6689937v5 the next business day if sent by express mail or nationally recognized overnight air courier addressed to the party to which notice, report or demand is being given, as follows: If to City: City Clerk 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 If to Grantee: CMN-RUS, Inc. 8837 Bond Street Overland Park, KS 66214 Attn: Legal Department Such addresses may be changed by either party upon notice to the other party given as provided in this section. SECTION 2. GRANT OF AUTHORITY 2.1 Franchise Required. It shall be unlawful for any Person, unless specifically required by Applicable Laws, to construct, install, operate or maintain a Cable System or to offer Cable Service in the City, unless such Person or the Person for whom such action is being taken shall have first obtained and shall currently hold a valid franchise. 2.2 Grant of Franchise. This nonexclusive Franchise is granted pursuant to the terms and conditions contained herein. The City hereby authorizes Grantee to occupy or use the City’s Streets subject to: (i) the provisions of this non-exclusive Franchise to provide Cable Service within the City; and (ii) all applicable provisions of the City Code. Said Franchise shall constitute both a right and an obligation to provide Cable Services as required by the provisions of this Franchise. Nothing in this Franchise shall be construed to prohibit Grantee from: (i) providing services other than Cable Services to the extent not prohibited by Applicable Law; or (ii) challenging any exercise of the City’s legislative or regulatory authority in an appropriate forum. The City hereby reserves all of its rights to regulate such other services to the extent not prohibited by Applicable Law and no provision herein shall be construed to limit or give up any right to regulate. 2.3 Grant of Nonexclusive Authority. (a) The Franchise granted herein shall be nonexclusive. The City specifically reserves the right to grant, at any time, such additional franchises for a Cable System as it deems appropriate provided, however, such additional grants shall not operate to materially modify, revoke, or terminate any rights previously granted to Grantee other than as described herein. If any other Wireline MVPD enters into any agreement with the City to provide multi-channel video programming or its equivalent to residents in the City, the City, upon written request of the Grantee, shall permit the Grantee to construct and/or operate its Cable System and provide multi-channel video programming or its equivalent to Subscribers in the City under the same material terms as applicable to the new MVPD as determined in the City’s sole discretion. Within one hundred eighty (180) days after the 7 6689937v5 Grantee submits a written request to the City, the Grantee and the City shall enter into an agreement or other appropriate authorization (if necessary) containing any modified terms and conditions to this Franchise. (b) The Cable System constructed and maintained by Grantee or its agents shall not interfere with other uses of Streets. Grantee shall make use of existing poles and other facilities available to Grantee so long as Grantee has received written authorization from pole/facility owner prior to installation. The City shall have no responsibility in assisting Grantee with acquiring said authorization. Nothing in this section authorizes the Grantee to construct poles in the City without prior City consent consistent with the City Code. (c) Notwithstanding the above grant to use Streets, no Street shall be used by Grantee if City, in its sole opinion, determines that such use is inconsistent with the terms, conditions, or provisions by which such Street was created or dedicated, or with the present use of the Street. (d) Grantee shall have the authority to use Streets for the distribution of Grantee’s System, subject to approval by the City based on location and depth. The City may require all developers of future subdivisions to allow and accommodate the construction of the System as part of any provisions for utilities to serve such subdivisions. (e) The Grantee specifically agrees to comply with the lawful provisions of the City Code and applicable regulations of the City. Subject to the police power exception below, and consistent with Minn. Stat. § 238.086, to the extent there is a conflict in language between this Franchise and a City ordinance regulating the Grantee’s use of the Streets, the terms of this Franchise shall prevail. Subject to express federal and state preemption, the material terms and conditions contained in this Franchise may not be unilaterally altered by the City through subsequent amendments to the City Code, ordinances or any regulation of City, except in the lawful exercise of City’s police power. Grantee acknowledges that the City may modify its regulatory policies by lawful exercise of the City’s police powers throughout the term of this Franchise. Grantee agrees to comply with such lawful modifications to the City Code; however, Grantee reserves any rights it may have to challenge such modifications to the City Code whether arising in contract or at law. The City reserves all of its rights and defenses to such challenges whether arising in contract or at law. (f) Nothing in this Franchise shall (i) abrogate the right of the City to perform any public works or public improvements of any description, (ii) be construed as a waiver of any codes or ordinances promulgated by the City or (iii) be construed as a waiver or release of the rights of the City in and to the Streets. (g) This Franchise complies with the Minnesota franchise standards set forth in Minn. Stat. § 238.084. The City and the Grantee shall conform to Minnesota laws promulgated subsequent to the date of this Franchise. The City and the Grantee shall conform to federal laws and regulations as they become effective. 8 6689937v5 2.4 Term. The initial term of this Franchise shall be for the period of ten (10) years from the date of acceptance by Grantee, unless renewed, revoked or, terminated sooner as herein provided (“Initial Term”). Upon mutual agreement by City and Grantee, the Initial Term may be extended for an additional five (5) years. Grantee shall provide written notice to the City at least eighteen (18) months prior to the end of the Initial Term requesting such five (5) year extension. City shall respond within ninety (90) days of such written notice from Grantee by either granting the five (5) year extension or stating in writing any objection the City may have to the five (5) year extension. Nothing herein shall serve to waive Grantee’s right to renewal of the Franchise under Applicable Law. 2.5 Reserved. 2.6 Rules of Grantee. The Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable said Grantee to exercise its rights and perform its obligation under this Franchise and to assure uninterrupted service to each and all of its Subscribers; provided that such rules, regulations, terms and conditions shall not be in conflict with provisions hereto, the City Code or Applicable Law. 2.7 Territorial Area Involved. This Franchise is granted for the Service Area. (a) Grantee shall design, construct and maintain the Cable System to pass, and have the capability to serve, every dwelling unit and commercial building in the Initial Service Area. Grantee shall deploy Cable Services throughout the Initial Service Area no later than thirty-six (36) months from the start of physical construction of the System. Thereafter, Grantee shall not be required to extend the Cable System beyond the Initial Service Area unless there is a minimum density equivalent of thirty (30) homes per cable mile of System, as measured from the nearest splitter on the Cable System. After Service has been established by activating trunk and/or distribution cables in the Initial Service Area as such area may be extended over time, Grantee shall provide Cable Service to any requesting Subscriber within the Initial Service Area within thirty (30) days from the date of request, provided that the Grantee is able to secure access to all rights-of-way and any other rights necessary to extend Service to such Subscriber within such thirty (30) day period on reasonable terms and conditions. (b) Grantee shall bury all Drops to Subscribers’ dwellings when required by local construction standards within a reasonable time period. In the event the ground is frozen or otherwise unsuitable to permit immediate burial, Grantee shall be permitted to delay such burial until the ground becomes suitable for burial and shall complete said burial no later than June 1st of each year. SECTION 3. CONSTRUCTION STANDARDS 3.1 Permits. Grantee shall not construct any Cable System facilities until Grantee has secured the necessary permits from City or other Governmental Authority. Grantee shall comply with Section 17 of the City Code. The City and Grantee agree that the permit application requirements set forth at: Permits / Licenses | Chanhassen, MN - Official Website and Exhibit A set forth all of 9 6689937v5 the information the Grantee will be required to submit to the City to obtain a construction permit from the City. Further, City agrees that Exhibit A attached hereto satisfies the requirements of Section 17.78(2) of the City Code. Within thirty (30) business days of the submittal of a complete application, as determined by the City, for a construction permit, the City will issue Grantee a blanket construction permit to install aerial and underground facilities within City Streets. Each blanket construction permit will cover a large geographic area of the City consisting of up to one thousand (1,000) homes and/or businesses. Submission of blanket construction permits shall be staggered to allow the City adequate time for review. Pursuant to 47 U.S.C. § 531, the City has requested and Grantee has agreed to provide, institutional dark fiber connections to City owned facilities as specified in a separate agreement between the parties (“Fiber Agreement”). As consideration for the Fiber Agreement, the City shall not charge Grantee any permitting fees for the initial construction of the System so long as the terms of the Fiber Agreement are met by Grantee. If Grantee fails to comply with the Fiber Agreement or is otherwise legally prohibited from complying with the Fiber Agreement, Grantee agrees to promptly pay the City permit fees, at the City’s then current rates, for all previously submitted permit applications and, thereafter, shall pay the City permit fees for all future permit applications. The City and Grantee shall undertake reasonable steps to meet its obligations under this paragraph. 3.2 Grantee’s Facilities and Equipment. (a) In those areas of the City where transmission or distribution facilities of all the public utilities providing telephone and electric power service are underground, the Grantee likewise shall construct, operate and maintain its transmission and distribution facilities therein underground. (b) When installing its facilities underground, Grantee will install its fiber utilizing boring technology and procedures. In areas with high construction costs and/or where the deployment of conduit is not cost effective or feasible, on a case-by-case basis, subject to City approval, which approval will not be arbitrarily, discriminatorily, or unreasonably withheld, conditioned or delayed, Grantee may install its fiber utilizing open trench or micro-trenching technology and procedures. (c) Grantee shall have the right to pothole in a paved driveway, sidewalk, trail or street to locate other buried utilities. Grantee shall not be required to remove and replace full or half street sections as a result of pothole operations. In extraordinary circumstances, removal of full joint to joint panels may be warranted. Grantee shall use commercially reasonable standards and efforts to restore any driveway, walkway or Street to the same, or substantially similar, condition that existed before Grantee’s excavation. Notwithstanding the foregoing, Grantee shall be allowed to locate its underground facilities at a depth of 18” to 24” in the right of way and at a depth of 36” under a Street unless, in the opinion of the City, there are other facilities located at or near that depth or locating at that depth will pose a safety hazard. (d) Grantee shall be granted access to any easements granted to a public utility, municipal utility or utility district following standard lot lines in any areas annexed by City or new developments, subject to any other restrictions that may be placed on the easements. 10 6689937v5 (e) In those areas of the City where Grantee’s cables are located on the above-ground transmission or distribution facilities of the public utility providing telephone or electric power service, and in the event that the facilities of both such public utilities subsequently are placed underground, then the Grantee likewise shall construct, operate and maintain its transmission and distribution facilities underground, at Grantee’s cost. (f) Certain of Grantee’s equipment, such as pedestals, amplifiers and power supplies, which normally are placed above ground, may continue to remain in above-ground closures, however, the City specifically reserves all of its rights to approve above-ground or underground locations for pedestals subject to Applicable Laws. 3.3 System Upgrades/Extensions and Construction. (a) Grantee shall obtain all necessary permits from City before commencing any construction upgrade or extension of the System, including the opening or disturbance of any Street, or private or public property within City. Grantee shall strictly adhere to all State and local laws and building and zoning codes currently or hereafter applicable to construction, operation or maintenance of the System in City and give due consideration at all times to the aesthetics of the property. (b) During construction of the System in the Initial Service Area, Grantee will implement a construction communications plan and will use commercially reasonable efforts to meet the following timelines and standards, as they relate to each approved construction application permit area: (i) At least thirty (30) days, but no more than forty-five (45) days, prior to the commencement of construction in a residential area, Grantee will send a detailed letter to the residential addresses in that area advising occupants of upcoming construction activities. (ii) At least fourteen (14) days, but no more than thirty (30) days, prior to the commencement of construction in a residential area, Grantee will send postcard reminder to the residential addresses in that area reminding occupants of upcoming construction activities. (iii) At least three (3) days, but no more than seven (7) days, prior to the commencement of construction in a residential area, Grantee will send out street teams to place signs in the yards of those residential properties where Grantee will commence with construction activities. (iv) Each communication sent to a residential address will include the URL to Grantee’s construction website: metronetinc.com/construction. On this website residents can find additional information regarding the construction plans in their area. Following construction, property owners will also be able to use this website to submit damage claims in the event Grantee inadvertently causes damage to their property. 11 6689937v5 (c) Consistent with Applicable Law, the City shall have the right to inspect all construction or installation work performed pursuant to the provisions of this Franchise and to make such tests as it shall find necessary to ensure compliance with the terms of this Franchise and Applicable Law. 3.4 Repair of Streets and Property. (a) Any and all Streets or public property or private property, which are disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance or reconstruction of the System shall be promptly and fully restored by Grantee consistent with Applicable Law. Any disputes Grantee may have with property owners shall not serve to unreasonably delay the City’s processing of permits for construction of the System. (b) Consistent with Section 17 of the City Code, Grantee will use commercially reasonable efforts to restore property within three (3) business days of the disturbance, subject to factors beyond Grantee’s reasonable control. Consideration will be given to the amount of restoration needed with each boring and Grantee will endeavor to conduct borings in a manner which requires the least amount of restoration (e.g. when appropriate using streets and sidewalks for equipment rather than lawns, etc.). After boring under the street / curb and sidewalks, Grantee will inspect for any heaving that may have occurred form the boring process. City reserves its right to inspect Grantee’s restoration work in accordance with Chapter 17 of the City Code. 3.5 Conditions on Street Use. (a) Nothing in this Franchise shall be construed to prevent City from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any Street; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work. (b) The Grantee shall furnish to, and file with City Manager, the maps showing the location of the physical plant constructed, including underground facilities, and shall at all times comply with Section 17-92 of the City Code. Grantee shall file with City updates of such maps, annually if changes have been made in the System, and any other information the parties mutually agree upon. (c) If at any time during the period of this Franchise, the City shall elect to alter, or change the grade or location of any Street, the Grantee shall, at its own expense, upon reasonable notice by City, remove and relocate its poles, wires, cables, conduits, manholes and other fixtures of the System, and in each instance comply with the standards and specifications of City. If City reimburses other occupants of the Street, Grantee shall be likewise reimbursed. (d) The Grantee shall not place poles, conduits, or other fixtures of System above or below ground where the same will interfere with any gas, electric, telephone, water or other utility fixtures and all such poles, conduits, or other fixtures placed in any Street shall be so placed as to comply with the City Code. 12 6689937v5 (e) The Grantee shall, on request of any Person holding a moving permit issued by City, temporarily move its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the Person requesting the same, and the Grantee shall be given not less than ten (10) days advance notice to arrange for such temporary changes. 3.6 Tree Trimming. Upon advance notice and approval by City, Grantee shall have the authority to trim trees, in accordance with all applicable utility restrictions, ordinance and easement restrictions, upon and hanging over Streets and public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of Grantee. City representatives shall have authority to supervise and approve all trimming of trees conducted by Grantee. 3.7 Protection of Facilities. Nothing contained in this section shall relieve any Person from liability arising out of the failure to exercise reasonable care to avoid damaging Grantee’s facilities while performing any work connected with grading, regrading or changing the line of any Rights- of-Way or public place or the construction or reconstruction of any sewer or water system. 3.8 Use of Grantee’s Facilities. The City shall, at its own expense, have the right to install and maintain upon the poles and within the underground pipes and conduits of Grantee, any wires and fixtures desired by the City to the extent that such installation and maintenance does not interfere with existing operations of Grantee in Grantee’s sole discretion. 3.9 Construction Hours. Grantee and its contractors may perform construction activities including, but not limited to, boring, aerial construction, pulling cable, splicing and clean-up work (“Construction Activities”) from 7 AM until 7 PM, Monday through Friday and 8 AM until 5 PM Saturday. Upon advanced request by Grantee the City may provide permission for Grantee and its contractors to perform work on Sundays. SECTION 4. DESIGN PROVISION 4.1 Minimum Channel Capacity. (a) Grantee shall develop, construct and continue to provide for the term of this Franchise a fiber-to-the-premises Cable System which is engineered and activated so as to be capable of delivering a minimum of eighty (80) video programmed Channels. (b) All programming decisions remain the sole discretion of Grantee subject to City’s rights pursuant to 47 U.S.C. § 545. (c) Grantee shall comply with federal law regarding notice to City and Subscribers prior to any Channel additions, deletions, or realignments. 4.2 Technical Standards. The System shall at all times meet the technical standards established by the FCC that are applicable to a fiber-to-the-premises system as they may be amended from time to time and shall be operated so as to minimize disruption of signal to Subscribers. Grantee shall construct a fiber-to-the-premises network designed, constructed, routinely inspected, and maintained to guarantee that the Cable System meets or exceeds the requirements of the most 13 6689937v5 current editions of the National Electrical Code (NFRA 70) and the National Electrical Safety Code (ANSI C2). Grantee shall use equipment used in high-quality, reliable, modern Cable Systems of similar design. 4.3 Special Testing. City may require Grantee to conduct special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints pertaining to such location(s). Demand for such special tests may be made on the basis of complaints received or other evidence indicating an unresolved controversy or noncompliance. Such tests shall be limited to the particular matter in controversy or unresolved complaints. Before ordering such tests, Grantee shall be afforded thirty (30) days to correct problems or complaints upon which tests were ordered. The City shall meet with Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. Nothing in this Section 4.3 shall waive the City’s rights to enforce Grantee’s compliance with the requirements of the City Code. 4.4 FCC Reports. To the extent applicable to Grantee’s Cable System, the results of tests required to be filed by the FCC shall also be copied to the City within ten (10) days of the conduct of the tests with the City. 4.5 Emergency Alert Capability. At all times during the term of this Franchise, Grantee shall provide and maintain an Emergency Alert System (EAS) consistent with applicable federal law and regulations including 47 C.F.R., Part 11, and any Minnesota State EAS requirements. The City may identify authorized emergency officials for activating the EAS consistent with the Minnesota State Emergency Statewide Plan (“EAS Plan”). The City may also develop a local plan containing methods of EAS message distribution, subject to Applicable Laws and the EAS Plan. Nothing in this section is intended to expand Grantee’s obligations beyond that which is required by the EAS Plan and Applicable Law. 4.6 Parental Control Lock. Grantee shall provide, for sale or lease, to Subscribers, upon request, a parental control locking device or digital code that permits inhibiting the video and audio portions of any Channels offered by Grantee. 4.7 Right of Inspection. Nothing herein shall prevent City’s right to inspect all construction, reconstruction or installation work performed by Grantee pursuant to all applicable provisions of the City Code. SECTION 5. SERVICE PROVISIONS 5.1 Rate Regulation. The City reserves the right to regulate rates for Basic Cable Service and any other Cable Services offered over the Cable System, to the extent not prohibited by Applicable Laws. The Grantee shall be subject to the rate regulation provisions provided for herein, and those of the FCC at 47 C.F.R., Part 76, Subpart N, as the same may be amended from time to time. The City shall follow the rules relating to cable rate regulation promulgated by the FCC at 47 C.F.R., Part 76, Subpart N, as the same may be amended from time to time. The City and Grantee acknowledge that upon the effective date of this Franchise the Grantee is subject to effective competition as determined by the FCC. 14 6689937v5 5.2 Leased Channel Service. Grantee shall offer leased channel service on reasonable terms and conditions and in accordance with Applicable Laws. 5.3 Consumer Protection and Service Standards. The following customer service standards shall apply once Grantee provides Cable Service to its first Subscriber in the City. Grantee shall maintain a convenient local customer service or bill payment location for receiving Subscriber payments; provided, however, nothing herein shall require Grantee to maintain an office in the City. Grantee shall also maintain or arrange for a location where equipment can be dropped off or exchanged as is necessary or, in the alternative, establish a system for having Subscriber equipment picked up at the Subscriber residence free-of-charge. Grantee shall also provide the necessary facilities, equipment and personnel to comply with the following consumer protection standards under Normal Operating Conditions: (a) Cable System office hours and telephone availability. (i) Grantee will maintain a local, toll-free or collect call telephone access line which will be available to its Subscribers twenty-four (24) hours a day, seven (7) days a week. (1) Trained Grantee representatives will be available to respond to customer telephone inquiries during Normal Business Hours. (2) After Normal Business Hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after Normal Business Hours must be responded to by a trained Grantee representative on the next business day. (ii) Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety percent (90%) of the time under Normal Operating Conditions, measured on a quarterly basis. (iii) Grantee shall not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. (iv) Under Normal Operating Conditions, the customer will receive a busy signal less than three percent (3%) of the time. (v) Customer service center and bill payment locations will be open at least during Normal Business Hours and will be conveniently located. (b) Installations, Outages and Service Calls. Under Normal Operating Conditions, each of the following standards will be met no less than ninety-five percent (95%) of the time measured on a quarterly basis: 15 6689937v5 (i) Standard Installations will be performed within seven (7) business days after an order has been placed. “Standard” Installations are those that are located up to two hundred fifty (250) feet from the existing distribution system. (ii) Excluding conditions beyond the control of Grantee, Grantee will begin working on “Service Interruptions” promptly and in no event later than twenty-four (24) hours after the interruption becomes known. Grantee must begin actions to correct other Service problems the next business day after notification of the Service problem. (iii) The “appointment window” alternatives for Installations, Service calls, and other Installation activities will be either a specific time or, at maximum, a four (4) hour time block during Normal Business Hours. (Grantee may schedule Service calls and other Installation activities outside of Normal Business Hours for the express convenience of the customer.) (iv) Grantee may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. (v) If Grantee’s representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, Grantee shall use commercially reasonable efforts to promptly contact the customer. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. (c) Communications between Grantee and Subscribers: (i) Refunds. Refund checks will be issued promptly, but no later than either: (1) The customer’s next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or (2) The return of the equipment supplied by Grantee if Cable Service is terminated. (ii) Credits. Credits for Cable Service will be issued no later than the customer’s next billing cycle following the determination that a credit is warranted. (d) Billing. (i) Consistent with 47 C.F.R. § 76.1619, bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, Basic Cable Service and premium Cable Service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. (ii) In case of a billing dispute, Grantee must respond to a written complaint from a Subscriber within thirty (30) days of receipt of the complaint. 16 6689937v5 (e) Subscriber Information. Grantee will provide written information on each of the following areas at the time of Installation of Service, at least annually to all Subscribers, and at any time upon request: (i) Products and Services offered; (ii) Prices and options for programming services and conditions of subscription to programming and other services; (iii) Installation and Service maintenance policies; (iv) Instructions on how to use the Cable Service; (v) Channel positions of programming carried on the System; and (vi) Billing and complaint procedures, including the address and telephone number of the City’s cable office. (1) Subscribers shall be advised of the procedures for resolution of complaints about the quality of the television signal delivered by Grantee, including the address of the responsible officer of the City. Subscribers will be notified of any changes in rates, programming services or Channel positions as soon as possible in writing. Notice must be given to Subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of Grantee. In addition, Grantee shall notify Subscribers thirty (30) days in advance of any significant changes in the information required by this Section 5.3(e). (2) Unless otherwise mandate by federal law, for purposes of this Section, the availability of the foregoing information on Grantee’s website shall constitute compliance. (f) Notice or Rate Programming Change. In addition to the requirement of this subparagraph regarding advance notification to Subscribers of any changes in rates, programming services or Channel positions, Grantee shall give thirty (30) days written notice to both Subscribers and the City before implementing any rate or Service change. Such notice shall state the precise amount of any rate change and briefly explain in readily understandable fashion the cause of the rate change (e.g., inflation, change in external costs or the addition/deletion of Channels). When the change involves the addition or deletion of Channels, each Channel added or deleted must be separately identified. For purposes of the carriage of digital broadcast signals, Grantee need only identify for Subscribers, the television signal added and not whether that signal may be multiplexed during certain dayparts. (g) Subscriber Contracts. Grantee shall, upon written request, provide the City with any standard form residential Subscriber contract utilized by Grantee. If no such written contract exists, Grantee shall file with the City a document completely and concisely stating the length and terms of the Subscriber contract offered to customers. The length 17 6689937v5 and terms of any standard form Subscriber contract(s) shall be available for public inspection during Normal Business Hours. A list of Grantee’s current Subscriber rates and charges for Cable Service shall be maintained on file with City and shall be available for public inspection. (h) Refund Policy. If a Subscriber’s Cable Service is interrupted or discontinued, without cause, for twenty-four (24) or more consecutive hours, Grantee shall, upon request by the Subscriber, credit such Subscriber pro rata for such interruption. For this purpose, every month will be assumed to have thirty (30) days. (i) Late Fees. Grantee shall comply with all applicable state and federal laws with respect to any assessment, charge, cost, fee or sum, however characterized, that Grantee imposes upon a Subscriber for late payment of a bill. The City reserves the right to enforce Grantee’s compliance with all Applicable Laws to the maximum extent legally permissible. (j) Disputes. All Subscribers and members of the general public may direct complaints, regarding Grantee’s Service or performance to the chief administrative officer of the City or the chief administrative officer’s designee, which may be a board or Commission of the City. (k) Customer Bills. Customer bills shall be designed in such a way as to present the information contained therein clearly and comprehensibly to Customers, and in a way that (i) is not misleading and (ii) does not omit material information. Notwithstanding anything to the contrary in Section 5.3(d), above, Grantee may, in its sole discretion, consolidate costs on Customer bills as may otherwise be permitted by Section 622(c) of the Cable Act (47 U.S.C. §542(c)). (l) Failure to Resolve Complaints. Grantee shall resolve a complaint within thirty (30) days in a manner deemed reasonable by the City under the terms of the Franchise. (m) Maintain a Complaint Phone Line. Grantee shall maintain a local or toll-free telephone Subscriber complaint line, available to its Subscribers twenty-four (24) hours per day, seven (7) days a week. (n) Notification of Complaint Procedure. Grantee shall have printed clearly and prominently on each Subscriber bill and in the customer service agreement provided for in Section 5.3(e), the twenty-four (24) hour Grantee phone number for Subscriber complaints. Additionally, Grantee shall provide information to customers concerning the procedures to follow when they are unsatisfied with measures taken by Grantee to remedy their complaint. This information will include the phone number of the City office or Person designated to handle complaints. Additionally, Grantee shall state that complaints should be made to Grantee prior to contacting the City. (o) Subscriber Privacy. Grantee shall comply with all Applicable Laws related to the protection of a Subscriber’s privacy including, but not limited to, 47 U.S.C. § 551 and Minn. Stat. §238.084 Subd. 1(s). 18 6689937v5 (p) Grantee Identification. Grantee shall provide all customer service technicians and all other Grantee employees entering private property with appropriate picture identification so that Grantee employees may be easily identified by the property owners and Subscribers. SECTION 6. PUBLIC ACCESS PROVISIONS 6.1 Public, Educational and Government Access. City or its designee is hereby designated to operate, administer, promote, and manage public, educational, and governmental programming (hereinafter “PEG Access”) to the Cable System established pursuant to this Section 6. Grantee shall have no responsibility whatsoever for PEG Access except as expressly stated in this Section. 6.2 Grantee Support for PEG Usage. In accordance with the provisions of the Cable Act and Minn, Stat. § 238.084, Grantee shall provide and make available for PEG Access usage within the Service Area the following: (a) Provision and use of the grant funds and Channels designated in Exhibit B of this Franchise for local educational and governmental programming and access use at no charge in accordance with the requirements of Exhibit B. (b) Maintenance of the PEG Access Facilities and Channels, and support of educational and governmental programming to the extent specified in Exhibit B of this Franchise. (c) Provision of free public building Installation and Cable Service and the provision of two-way capability as more clearly specified in Exhibit B. (d) PEG Access Facilities shall be operated by the City. SECTION 7. OPERATION AND ADMINISTRATION PROVISIONS 7.1 Franchise Fee. (a) During the term of the Franchise, Grantee shall pay quarterly to the City a Franchise Fee of five percent (5%) of Gross Revenues. If any such law, regulation or valid rule alters the five percent (5%) Franchise Fee ceiling enacted by the Cable Act, then the City shall have the authority to (but shall not be required to) increase the Franchise Fee accordingly, provided such increase is for purposes not inconsistent with Applicable Law. In the event Grantee bundles or combines Cable Services (which are subject to the Franchise Fee) with non-Cable Services (which are not subject to the Franchise Fee) so that Subscribers pay a single fee for more than one (1) class of service resulting in a discount on Cable Services, Grantee agrees that for the purpose of calculation of the Franchise Fee, it shall allocate to Cable Service revenue no less than a pro rata share of the revenue received for the bundled or combined services. The pro rata share shall be computed on the basis of the published charge for each service in the bundled or combined classes of services when purchased separately. (b) Each Franchise Fee payment shall be paid quarterly not later than forty-five (45) days following the end of a given quarter and each payment shall be accompanied by a 19 6689937v5 report in such form as the City may reasonably request showing the computation of the Franchise Fee as it relates specifically to the City’s Franchise Area for the preceding calendar quarter and such other relevant facts as may be required by the City, including the completion of a Franchise Fee Payment Worksheet in the form attached hereto as Exhibit E. (c) Except as otherwise provided by law, no acceptance of any payment by the City shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable as a Franchise Fee under this Franchise or for the performance of any other obligation of the Grantee. (d) Any Franchise Fees owing pursuant to this Franchise which remain unpaid more than forty-five (45) days after the end of a given quarter shall be delinquent and shall immediately thereafter accrue interest at twelve percent (12%) per annum or two percent (2%) above prime lending rate as quoted by Wall Street Journal, whichever is greater. Enforcement of unpaid Franchise Fees shall be handled in accordance with Section 9.6, however, Grantee shall in all cases be subject to interest on any payment more than forty- five (45) days after the end of a given quarter. (e) Upon thirty (30) days prior written notice, City shall have the right to conduct an independent audit of Grantee’s records. City shall not audit any period of time more than once. If such audit indicates a Franchise Fee underpayment of five percent (5%) or more, the Grantee shall assume all of City’s out-of-pocket costs associated with the conduct of such an audit and shall remit to City all applicable Franchise Fees due and payable together with interest at twelve percent (12%) per annum or two percent (2%) above prime lending rate as quoted by the Wall Street Journal, whichever is greater. 7.2 Non Franchise Fees. (a) Grantee acknowledges and agrees that the Franchise Fees payable by Grantee to the City pursuant to Section 7.1 hereof shall take precedence over all other payments, contributions, Services, equipment, facilities, support, resources or other activities to be provided or performed by the Grantee pursuant to this Franchise and that the Franchise Fees provided for in Section 7.1 of this Franchise shall not be deemed to be in the nature of a tax, and shall be in addition to any and all taxes of general applicability and other fees and charges which the Grantee shall be required to pay to the City and/or to any other Governmental Authority, all of which shall be separate and distinct obligations of Grantee. (b) Grantee shall not apply or seek to apply or make any claim that all or any part of the Franchise Fees or other payments or contributions to be made by Grantee to City pursuant to this Franchise and shall be deducted from or credited or offset against any taxes, fees or assessments of general applicability levied or imposed by the City or any other Governmental Authority, including any such tax, fee or assessment imposed on both utilities and cable operators or their services. (c) Grantee shall not apply or seek to apply all or any part of any taxes, fees or assessments of general applicability levied or imposed by the City or any other 20 6689937v5 Governmental Authority (including any such tax, fee or assessment imposed on both utilities and cable operators or their services) as a deduction or other credit from or against any of the Franchise Fees or other payments or contributions to be paid or made pursuant by Grantee to City to this Franchise, each of which shall be deemed to be separate and distinct obligations of the Grantee. 7.3 Periodic Evaluation, Review and Modification. City and Grantee acknowledge and agree that the field of cable television is rapidly changing and one which may see many regulatory, technical, financial, marketing and legal changes during the term of this Franchise. Therefore, in order to provide for the maximum degree of flexibility in this Franchise, and to help achieve a continued, advanced and modem Cable System, the following evaluation provisions will apply: (a) The City reserves the right to adopt rules and regulations controlling the procedures as set forth below and the subjects for evaluation sessions. In the absence of any City action taken to exercise these rights, Grantee shall be subject to the procedures and the subjects described in this Section 7.3. (b) The City may require, in its sole discretion that the Grantee participate in evaluation sessions with the City at any time and from time to time during the term of this Franchise; provided, however, there shall not be more than one (1) evaluation session during any calendar year. (c) Topics which may be discussed at any evaluation session include, but are not limited to, rates, Channel capacity, the System performance, programming, PEG Access, municipal uses of the System, Subscriber complaints, judicial rulings, FCC rulings and any other topics the City or Grantee may deem relevant. (d) During an evaluation session, Grantee shall fully cooperate with the City and shall provide without cost and in a timely manner such information and documents as the City may reasonably request to perform the evaluation. (e) As a result of an evaluation session, the City or Grantee may determine that an amendment in the terms of this Franchise may be required, that the requirements of the System or this Franchise should be updated, changed or revised, and/or that additional services should be provided by Grantee (collectively a “Proposed Modification”). If the Proposed Modification is consistent with the terms of this Franchise, the needs of the City and existing state-of-the-art technology, including what is provided by Grantee in other systems owned, operated or managed by it, its parent company or any affiliated company, Grantee and the City will, in good faith, review the terms of the Proposed Modification and consider amending this Franchise accordingly 7.4 Reports. (a) All reports and records required under this Franchise shall be furnished at the sole expense of Grantee, except as otherwise provided in this Franchise. (b) Grantee shall provide City with an annual statement, within ninety (90) days of the close of each calendar year end, certified by an officer of the Grantee, reflecting the total 21 6689937v5 amounts of Gross Revenues and all payments, and computations of the Franchise Fee for the previous calendar year. 7.5 Records Required and City’s Right to Inspect. (a) Upon request of the City but no less than annually, Grantee shall provide the following information to the City: (i) a summary of service calls, identifying the number, general nature and disposition of such calls, in a form reasonably acceptable to the City; and (ii) a summary of Grantee’s compliance with the terms and provision of the customer service requirements set forth in Section 5.3 of this Franchise. (b) Upon request of the City and in no event later than thirty (30) days from the date of receipt of such request, Grantee shall, free of charge, prepare and furnish to the City such additional reports with respect to its operation, affairs, transactions, or property, as may be reasonably necessary to ensure compliance with the terms of this Franchise. Neither City nor Grantee shall unreasonably demand or withhold information requested pursuant with the terms of this Franchise. (c) The City agrees to request access to only those books and records, in exercising its rights under this section, which it deems reasonably necessary for the enforcement and administration of this Franchise. 7.6 Recovery of Processing Costs. To aid in the analysis and resolution of any future disputed matters relative to this Franchise, the City and Grantee may, by mutual written agreement (both as to whether to hire and whom to hire), employ the services of technical, financial and/or legal consultants, as mediators. All reasonable fees of the consultants incurred by the City and/or the Grantee in this regard shall, unless the parties otherwise agree, be borne equally by City and Grantee. SECTION 8. GENERAL FINANCIAL AND INSURANCE PROVISIONS 8.1 Security Fund. (a) Upon acceptance of this Franchise, Grantee shall establish and provide to City a security fund, as security for the full and timely payment and performance by Grantee of all of its obligations under this Franchise in the amount of Fifty Thousand and No/100 Dollars ($50,000) in the form of a performance bond, established in a local bank and maintained throughout the term of this Franchise. At such time as a majority of Grantee’s construction in the Initial Service Area is substantially complete, and provided Grantee is not in default under this Agreement and there are no uncured issues related to construction, the amount of the performance bond shall be reduced to Ten Thousand Dollars ($10,000) for the remainder of the Franchise term. (b) The security fund may be drawn upon by City for those purposes specified in Section 9.6 hereof. Grantee’s recourse, in the event Grantee believes that City’s actions in 22 6689937v5 taking any security funds is improper, shall be through legal action after the security has been drawn upon. Actions brought by Grantee hereunder may be subject to 47 U.S.C. §555A - Limitations of Franchising Authority Liability - which is hereby incorporated by reference as if fully set forth herein. (c) Nothing herein shall be deemed a waiver of the normal permit requirements made of all contractors working within the City’s rights-of-way. 8.2 Liability Insurance. (a) Grantee shall with its acceptance of this Franchise, and at its sole expense, take out and maintain during the term of this Franchise public liability insurance with a company licensed to do business in the State of Minnesota with a rating by A.M. Best & Co. of not less than “A” that shall protect the Grantee, the City and their officials, officers, directors, employees and agents from claims which may arise from operations under this Franchise, whether such operations be by the Grantee, its officials, officers, directors, employees and agents or any subcontractors of Grantee. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from Grantee’s vehicles, products and operations. The amount of insurance for single limit coverage applying to bodily and personal injury and property damage shall not be less than Two Million Dollars ($2,000,000.00). The following endorsements shall be attached to the liability policy: (i) The policy shall provide coverage on an “occurrence” basis. (ii) The policy shall cover personal injury as well as bodily injury. (iii) The policy shall cover blanket contractual liability subject to the standard universal exclusions of contractual liability included in the carrier’s standard endorsement as to bodily injuries, personal injuries and property damage. (iv) Broad form property damage liability shall be afforded. (v) The City shall be named as an additional insured on the policy. (vi) An endorsement shall be provided which states that the coverage is primary insurance and that no other insurance maintained by the City will be called upon to contribute to a loss under this coverage. (vii) Standard form of cross-liability shall be afforded. (viii) An endorsement stating that the policy shall not be canceled without thirty (30) days’ notice of such cancellation given to the City ten (10) days’ notice in the event of nonpayment) (b) Grantee shall submit to City documentation of the required insurance, including a certificate of insurance signed by the insurance agent and companies named, as well as all properly executed endorsements. 23 6689937v5 8.3 Indemnification. (a) Grantee shall indemnify, defend and hold City, its officers, boards, commissions, agents and employees (collectively the “Indemnified Parties”) harmless from and against any and all lawsuits, claims, causes of action, actions, liabilities, demands, damages, judgments, settlements, disability, losses, expenses (including attorney’s fees and disbursements of counsel) and costs of any nature that any of the Indemnified Parties may at any time suffer, sustain or incur arising out of, based upon or in any way connected with the grant of this Franchise, the operation of Grantee’s System, the breach by Grantee of its obligations under this Franchise and/or the activities of Grantee, its subcontractor, employees and agents hereunder. Grantee shall be solely responsible for and shall indemnify, defend and hold the Indemnified Parties harmless from and against any and all matters relative to payment of Grantee’s employees, including compliance with Social Security and withholdings. (b) The indemnification obligations of Grantee set forth in this Franchise are not limited in any way by the amount or type of damages or compensation payable by or for Grantee under Workers’ Compensation, disability or other employee benefit acts, acceptance of insurance certificates required under this Franchise, or the terms, applicability or limitations of any insurance held by Grantee. (c) City does not, and shall not, waive any rights against Grantee which it may have by reason of the indemnification provided for in this Franchise, because of the acceptance by City, or the deposit with City by Grantee, of any of the insurance policies described in this Franchise. (d) The indemnification of City by Grantee provided for in this Franchise shall apply to all damages and claims for damages of any kind suffered by reason of any of the Grantee’s operations referred to in this Franchise, regardless of whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damages. (e) Grantee shall not be required to indemnify City for negligence or misconduct on the part of City or its officials, boards, commissions, agents, or employees. City shall hold Grantee harmless, subject to the limitations in Minnesota Statutes Chapter 466, for any damage resulting from the negligence or misconduct of the City or its officials, boards, commissions, agents, or employees in utilizing any PEG Access Channels, equipment, or facilities and for any such negligence or misconduct by City in connection with work performed by City and permitted by this Franchise, on or adjacent to the Cable System. 8.4 Grantee’s Insurance. Grantee shall not commence any Cable System work or permit any subcontractor to commence work until all insurance required under this Franchise has been obtained. Said insurance shall be maintained in full force and effect until the expiration of this Franchise. 8.5 Workers’ Compensation Insurance. Grantee shall obtain and maintain Workers’ Compensation Insurance for all of Grantee’s employees, and in case any work is sublet, Grantee 24 6689937v5 shall require any subcontractor similarly to provide Workers’ Compensation Insurance for all of their employees, all in compliance with State laws, and to fully indemnify the City from and against any and all claims arising out of occurrences on the work. Grantee hereby indemnifies City for any and all costs, expenses (including attorneys’ fees and disbursements of counsel), damages and liabilities incurred by City as a result of any failure of either Grantee or any subcontractor to take out and maintain such insurance. Grantee shall provide the City with a certificate of insurance indicating Workers’ Compensation coverage upon its acceptance of this Franchise. SECTION 9. SALE, ABANDONMENT, TRANSFER AND REVOCATION 9.1 Franchise Non-transferable. (a) Grantee shall not voluntarily or involuntarily, by operation of law or otherwise, sell, assign, transfer, lease, sublet or otherwise dispose of, in whole or in part, the Franchise and/or Cable System or any of the rights or privileges granted by the Franchise, without the prior written consent of the Council and then only upon such terms and conditions as may be prescribed by the Council with regard to the proposed transferee’s legal, technical and financial qualifications, which consent shall not be unreasonably denied or delayed. Any attempt to sell, assign, transfer, lease, sublet or otherwise dispose of all or any part of the Franchise and/or Cable System or Grantee’s rights therein without the prior written consent of the Council shall be null and void and shall be grounds for termination of the Franchise pursuant to Section 9.6 hereof and the applicable provisions of any Franchise. (b) Without limiting the nature of the events requiring the Council’s approval under this section, the following events shall be deemed to be a sale, assignment or other transfer of the Franchise and/or Cable System requiring compliance with this section: (i) the sale, assignment or other transfer of all or a majority of Grantee’s assets or the assets comprising the Cable System to any Person; (ii) the merger of the Grantee or any of its parents with or into another Person (including the merger of Grantee or any parent with or into any parent or subsidiary corporation or other Person); (iii) the consolidation of the Grantee or any of its parents with any other Person; (iv) the creation of a subsidiary corporation or other entity; (v) the sale, assignment or other transfer of capital stock or partnership, membership or other equity interests in Grantee by one or more of its existing shareholders, partners, members or other equity owners so as to create a new Controlling Interest in Grantee; (vi) the issuance of additional capital stock or partnership, membership or other equity interest by Grantee so as to create a new Controlling Interest in Grantee; and (vii) the entry by the Grantee into an agreement with respect to the management or operation of the Grantee, and/or the System or the subsequent amendment thereof. The term “Controlling Interest” as used herein is not limited to majority equity ownership of the Grantee, but also includes actual working control over the Grantee, and/or the System in whatever manner exercised. (c) Grantee shall notify City in writing of any foreclosure or any other judicial sale of all or a substantial part of the property and assets comprising the Cable System of the Grantee or upon the termination of any lease or interest covering all or a substantial part of said property and assets. Such notification shall be considered by City as notice that a change in control or ownership of the Franchise has taken place and the provisions under 25 6689937v5 this section governing the consent of City to such change in control or ownership shall apply. (d) For the purpose of determining whether it shall consent to such change, transfer or acquisition of control, City may inquire into the qualifications of the prospective transferee or controlling party, and Grantee shall assist City in any such inquiry. In seeking City’s consent to any change of ownership or control, Grantee shall have the responsibility of insuring that the transferee completes an application in form and substance reasonably satisfactory to City, which application shall include the information required under this Franchise and Applicable Laws. The transferee shall be required to establish to the satisfaction of the City that it possesses the legal, technical and financial qualifications to operate and maintain the System and comply with all Franchise requirements for the remainder of the term of this Franchise. If, after considering the legal, financial, character and technical qualities of the transferee and determining that they are satisfactory, the City finds that such transfer is acceptable, the City shall permit such transfer and assignment of the rights and obligations of this Franchise as may be in the public interest. The consent of the City to such transfer shall not be unreasonably denied. (e) The prior written consent of the City shall not be required under this Section 9.1 for internal corporate reorganizations involving any entity that is controlled or under common control with Grantee or pledges of the Franchise as collateral or security for any loan or other debt instrument. (f) In addition to the aforementioned requirements in this Section 9.1, the City and Grantee shall, at all times, comply with the requirements of Minn. Stat. § 238.083 regarding the sale or transfer of a franchise and with all other Applicable Laws. 9.2 City’s Right to Purchase System. (a) The City shall have a right of first refusal to purchase the Cable System in the event the Grantee receives a bona fide offer to purchase the Cable System from any Person provided, however, that if Grantee is authorized to provide telecommunications services on the System pursuant to state or federal law or provides information services on the System, the City may not purchase any portion of the System used to provide such telecommunications or information services. Bona fide offer as used in this section means a written offer which has been accepted by Grantee, subject to the City’s tights under this Franchise. The price to be paid by the City shall be the amount provided for in the bona fide offer, including the same terms and conditions as the bona fide offer. The City shall notify Grantee of its decision to purchase within sixty (60) days of the City’s receipt from Grantee of a copy of the written bona fide offer. (b) Consistent with Section 627 of the Cable Act and all other Applicable Laws, at the expiration, cancellation, revocation or termination of this Franchise, the City shall have the option to purchase, condemn or otherwise acquire and hold the Cable System. 26 6689937v5 9.3 Abandonment or Removal of Franchise Property. (a) Grantee may not abandon the Cable System or any portion thereof without having first given three (3) months written notice to the City. Grantee may not abandon the Cable System or any portion thereof without compensating the City for damages resulting from the abandonment. (b) In the event that the use of any property of Grantee within the Franchise Area or a portion thereof is discontinued for a continuous period of twelve (12) months, Grantee shall be deemed to have abandoned that property. Grantee shall not be required to remove those portions of the System utilized to provide telecommunications or information services which the Grantee is legally authorized to provide under Applicable Law. (c) City, upon such terms as City may impose, may give Grantee permission to abandon, without removing, any System facility or equipment laid, directly constructed, operated or maintained in, on, under or over the Franchise Area. Unless such permission is granted or unless otherwise provided in this Franchise, the Grantee shall remove all abandoned facilities and equipment upon receipt of written notice from shall restore any affected Street to its former state at the time such facilities and equipment were installed, so as not to impair its usefulness. In removing its plant, structures and equipment, Grantee shall refill, at its own expense, any excavation made by or on behalf of Grantee and shall leave all Streets and other public ways and places in as good condition as that prevailing prior to such removal without materially interfering with any electrical or telephone cable or other utility wires, poles or attachments. City shall have the right to inspect and approve the condition of the Streets, public ways, public places, cables, wires, attachments and poles prior to and after removal. The liability, indemnity and insurance provisions of this Franchise and any security fund provided for in this Franchise shall continue in full force and effect during the period of removal and until full compliance by Grantee with the terms and conditions of this section. (d) Upon abandonment of any Franchise property in place, the Grantee, if required by the City, shall submit to City a bill of sale and/or other an instrument, satisfactory in form and content to the City, transferring to the City the ownership of the Franchise property abandoned. (e) At the expiration of the term for which this Franchise is granted, or upon its earlier revocation or termination, as provided for herein, in any such case without renewal, extension or transfer, the City shall have the right to require Grantee to remove, at its own expense, all above-ground portions of the Cable System from all Streets and public ways within the City within a reasonable period of time, which shall not be less than one hundred eighty (180) days provided, however, that if Grantee is authorized to provide telecommunications services on the System pursuant to state or federal law or provides information services on the System, Grantee shall not be required to remove those portions of the System utilized to provide such telecommunications or information services. 27 6689937v5 (f) Notwithstanding anything to the contrary set forth in this Franchise, the Grantee may, with the consent of the City, abandon any underground Franchise property in place so long as it does not materially interfere with the use of the Street or public rights-of-way in which such property is located or with the use thereof by any public utility or other cable operator. 9.4 Extended Operation and Continuity of Services. Upon termination or forfeiture of this Franchise, Grantee shall remove its cable, wires, and appliances from the Streets, alleys, or other public places within the Service Area if the City so requests provided, however, that if Grantee is authorized to provide telecommunications services on the System pursuant to state or federal law or provides information services on the System, Grantee shall not be required to remove those portions of the System utilized to provide such telecommunications or information services. Failure by the Grantee to remove its cable, wires, and appliances as referenced herein shall be subject to the requirements of Section 9.3 of this Franchise. 9.5 Receivership and Foreclosure. (a) The Franchise granted hereunder shall, at the option of City, cease and terminate one hundred twenty (120) days after appointment of a receiver or receivers, or trustee or trustees, to take over and conduct the business of Grantee, whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless: (1) such receivers or trustees shall have, within one hundred twenty (120) days after their election or appointment, fully complied with all the terms and provisions of this Franchise granted pursuant hereto, and the receivers or trustees within said one hundred twenty (120) days shall have remedied all the defaults and violations under this Franchise or provided a plan for the remedy of such defaults and violations which is satisfactory to the City; and (2) such receivers or trustees shall, within said one hundred twenty (120) days, execute an agreement duly approved by the court having jurisdiction in the premises, whereby such receivers or trustees assume and agree to be bound by each and every term, provision and limitation of this Franchise. (b) In the case of a foreclosure or other judicial sale of the Franchise property, or any material part thereof, City may give notice of termination of this Franchise upon Grantee and the successful bidder at such sale, in which the event this Franchise and all rights and privileges of the Grantee hereunder shall cease and terminate thirty (30) days after such notice has been given, unless (1) City shall have approved the transfer of the Franchise in accordance with the provisions of this Franchise; and (2) such successful bidder shall have covenanted and agreed with City to assume and be bound by all terms and conditions of this Franchise. 9.6 Procedure for Enforcing Franchise. (a) In the event the City Council finds that a material violation or breach exists and that Grantee has not cured the same in a satisfactory manner, has not diligently commenced correction of such violation or breach or has not diligently proceeded to fully remedy such violation or breach, the City Council may impose liquidated damages, assessable from the 28 6689937v5 security fund, of up to One Hundred and Seventy-Five Dollars ($175) per day or per incident for all violations or breaches of this Franchise, provided that all violations or breaches of a similar nature occurring at the same time shall be considered one (1) incident. (b) In the event City believes that Grantee has breached or violated any material provision of this Franchise, City may act in accordance with the following procedures: (i) City may notify Grantee of the alleged violation or breach and demand that Grantee cure the same within a reasonable time, which shall not be less than ten (10) days in the case of an alleged failure of the Grantee to pay any sum or other amount due the City under this Franchise and thirty (30) days in all other cases. If Grantee fails either to cure the alleged violation or breach within the time prescribed or to commence correction of the violation or breach within the time prescribed and thereafter diligently pursue correction of such alleged violation or breach, the City shall then give written notice of not less than fourteen (14) days of a public hearing to be held before the City Council. Said notice shall specify the violations or breaches alleged to have occurred. At the public hearing, the City Council shall hear and consider relevant evidence and thereafter render findings and its decision. In the event the City Council finds that a material violation or breach exists and that Grantee has not cured the same in a satisfactory manner or has not diligently commenced to cure of such violation or breach after notice thereof from City and is not diligently proceeding to fully cure such violation or breach, the City Council may impose penalties from the security fund or may terminate this Franchise. If the City chooses to terminate this Franchise, the following additional procedure shall be followed: (1) The City shall provide Grantee with written notice of the City’s intention to terminate this Franchise and specify in detail the reason or cause for the proposed termination. The City shall allow Grantee a minimum of fifteen (15) days subsequent to receipt of the notice in which to cure the default. (2) Grantee shall be provided with an opportunity to be heard at a regular or special meeting of City prior to any final decision of City to terminate this Franchise. (3) In the event that City determines to terminate this Franchise, the Grantee shall have an opportunity to appeal said decision in accordance with all Applicable Laws. (4) If a valid appeal is filed, the Franchise shall remain in full force and affect while said appeal is pending, unless the term of the Franchise sooner expires. 9.7 Reservation of Rights. City and Grantee reserve all rights that they may possess under Applicable Laws unless expressly waived herein. 29 6689937v5 SECTION 10. MISCELLANEOUS PROVISIONS 10.1 Franchise Renewal. Any renewal of this Franchise shall be in accordance with Applicable Laws. The term of any renewed Franchise shall be limited to a period not to exceed fifteen (15) years. 10.2 Amendment of Franchise. Grantee and City may agree, from time to time, to amend this Franchise. Such written amendments may be made subsequent to a review session pursuant to Section 7.4 or at any other time if City and Grantee agree that such an amendment will be in the public interest or if such an amendment is required due to changes in Applicable Laws. City shall act pursuant to local law pertaining to the ordinance amendment process. 10.3 Right of Individuals. (a) Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers, Channel users, or general citizens on the basis of race, color, religion, disability, national origin, age, gender or sexual preference. Grantee shall comply at all times with all other Applicable Laws, relating to nondiscrimination. (b) Grantee shall adhere to the applicable equal employment opportunity requirements of Applicable Laws, as now written or as amended from time to time including 47 U.S.C. Section 551, Protection of Subscriber Privacy. (c) Unless otherwise allowed by Applicable Law, neither Grantee, nor any Person, agency, or entity shall, without the Subscriber’s consent, tap or arrange for the tapping, of any cable, line, signal input device, or Subscriber outlet or receiver for any purpose except routine maintenance of the System, detection of unauthorized service, polling with audience participating, or audience viewing surveys to support advertising research regarding viewers where individual viewing behavior cannot be identified. (d) No cable line, wire, amplifier, set-top box, or other piece of equipment owned by Grantee shall be installed by Grantee in the Subscriber’s premises, other than in appropriate easements, without first securing any required consent. If a Subscriber requests service, permission to install upon Subscriber’s property shall be presumed. Where a property owner or his or her predecessor was granted an easement including a public utility easement or a servitude to another and the servitude by its terms contemplates a use such as Grantee’s intended use, Grantee shall not be required to service the written permission of the owner for the Installation of cable television equipment. (e) No signals of a class IV cable communications channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of a Subscriber. The request for permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. The written permission must be for a limited period of time not to exceed one year which is renewable at the option of the Subscriber. No penalty may be invoked for a Subscribers failure to provide or renew the authorization. The authorization is revocable at any time by the Subscriber without 30 6689937v5 penalty of any kind. The permission must be required for each type or classification or class IV cable communications activity planned. (i) No information or data obtained by monitoring transmission of a signal from a Subscriber terminal, including but not limited to the lists of the names and addresses of the Subscribers or lists that identify the viewing habits of Subscribers may be sold or otherwise made available to any Person other than to Grantee and its employees for internal business use, or to the Subscriber who is the subject of that information, unless the Grantee has received specific written authorization from the Subscriber to make the data available. (ii) Written permission from the Subscriber must not be required for the Systems conducting system-wide or individually addressed electronic sweeps for the purpose of verifying system integrity or monitoring for the purpose of billing. Confidentiality of this information is subject to paragraph (i) above. (iii) For purposes of this Section 10.3, a “class iv cable communications channel” means a signaling path provided by a System to transmit signals of any type from a Subscriber terminal to another point in the System. 10.4 Rights Reserved to City. In addition to any rights specifically reserved to the City by this Franchise, the City reserves to itself every right and power which is required to be reserved by a provision of this Franchise. 10.5 Severability. If any provision of this Franchise is held by any Governmental Authority of competent jurisdiction, to be invalid as conflicting with any Applicable Laws now or hereafter in effect, or is held by such Governmental Authority to be modified in any way in order to conform to the requirements of any such Applicable Laws, such provision shall be considered a separate, distinct, and independent part of this Franchise, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such Applicable Laws are subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof which had been held invalid or modified is no longer in conflict with such laws, said provision shall thereupon return to full force and effect and shall thereafter be binding on City and Grantee, provided that City shall give Grantee thirty (30) days written notice of such change before requiring compliance with said provision or such longer period of time as may be reasonably required for Grantee to comply with such provision. 10.6 Force Majeure. In the event Grantee’s performance of any of the terms, conditions, obligations or requirements of this Franchise is prevented or impaired due to any cause beyond its reasonable control, such inability to perform shall be deemed to be excused for the period of such inability and no penalties or sanctions shall be imposed as a result thereof, provided Grantee has notified City in writing within ten (10) days of its discovery of the occurrence of such an event. Such causes beyond Grantee’s reasonable control shall include, but shall not be limited to, acts of God, pandemics, disease, civil emergencies and labor unrest or strikes, untimely delivery of equipment, inability of Grantee to obtain access to an individual’s property and inability of Grantee to secure all necessary permits to utilize utility poles and conduit so long as Grantee utilizes due diligence to timely obtain said permits. 31 6689937v5 SECTION 11. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS 11.1 Publication; Effective Date. This Franchise shall be published in accordance with Applicable Law. The Summary of Ordinance for Publication, attached hereto as Exhibit F, shall be published at least once in the official newspaper of the City, at Grantee’s sole cost, to clearly inform the public of the intent of the ordinance. The effective date of this Franchise shall be the date of acceptance by Grantee in accordance with the provisions of Section 11.2. 11.2 Acceptance. (a) Grantee shall accept this Franchise within thirty (30) days of its enactment by the City Council, unless the time for acceptance is extended by City. Such acceptance by the Grantee shall be deemed the grant of this Franchise for all purposes. In the event acceptance does not take place, this Franchise and any and all rights previously granted to Grantee shall be null and void. (b) Upon acceptance of this Franchise, Grantee shall be bound by all the terms and conditions contained herein. (c) The City’s “Notice of Intent to Consider an Application for a Franchise” (“Notice”) provided, consistent with Minn. Stat. §238.081 subd. 8, that applicants would be required to reimburse the City for all necessary costs of processing a cable communications franchise. Grantee submitted an application fee with its application to the City. The Notice further provided that any unused portion of the application fee would be returned, and any additional fees required to process the application and franchise, beyond the application fee, would be assessed to the successful applicant. The Grantee shall therefore submit to the City at the time of acceptance of this Franchise, a check made payable to the City of Chanhassen, Minnesota for all additional fees and costs incurred by the City. Within thirty (30) days of City Council approval, the City shall provide Grantee with a letter specifying such additional costs following approval of this Franchise by the City Council. (d) Grantee shall accept this Franchise in the following manner: (i) This Franchise will be properly executed and acknowledged by Grantee and delivered to City. (ii) With its acceptance, Grantee shall also deliver any, security fund and insurance certificates required herein that have not previously been delivered. Passed and adopted this ___ day of _______ 2021. CITY OF CHANHASSEN, MINNESOTA By: Its: 32 6689937v5 ATTEST: By: Its: ACCEPTED: This Franchise is accepted, and we agree to be bound by its terms and conditions. CMN-RUS, INC. Dated: , 2021 By: Its: SWORN TO BEFORE ME this day of _ , 2021 Notary Public A-1 6689937v5 EXHIBIT A SAMPLE CONSTRUCTION DRAWINGS A-2 6689937v5 Example Front Easement A-3 6689937v5 Example Aerial A-4 6689937v5 Example Rear Easement B-1 6689937v5 EXHIBIT B PEG ACCESS FACILITIES AND EQUIPMENT 1. PUBLIC, EDUCATIONAL AND GOVERNMENT (PEG) ACCESS CHANNELS. a. Grantee shall provide to each of its Subscribers who receive some or all of the Services offered on the Cable System, reception on at least one (1) specially designated government access channel. The City shall have the right to require that Grantee provide one (1) additional access channel (for a total of two (2) PEG Access Channels). The VHF spectrum must be used for at least one (1) of the PEG Access Channels required in this paragraph. No charges may be made for Channel time or playback of prerecorded programming on the specially designated access Channels. Personnel, equipment and production costs may be assessed, however, for live studio presentations exceeding five (5) minutes in length. Charges for those production costs and fees for use of other public access Channels must be consistent with the goal of affording the public a low-cost means of television access. b. Whenever the PEG Access Channels are in use during eighty percent (80%) of the weekdays, Monday to Friday, for eighty percent (80%) of the time for any consecutive three (3) hour period for six (6) weeks running, and there is demand for use of an additional Channel for the same purpose, the Grantee shall then have six (6) months in which to provide a new PEG Access Channel for the same purpose, provided that provision of the additional Channel or Channels must not require the Cable System to install converters. c. The PEG Access Channels shall be dedicated for PEG use for the term of the Franchise, provided that Grantee may, utilize any portions of the PEG Access Channels not scheduled for PEG use. City shall establish rules and procedures for such scheduling in accordance with Section 611 of the Cable Act (47 U.S.C. § 531). d. Grantee shall also designate the standard VHF Channel 6 for uniform regional channel usage currently provided by “Metro Channel 6” as required by Minn. Stat. § 238.43. Programming on this regional channel shall include a broad range of informational, educational, and public service programs and materials to cable television Subscribers throughout the Twin Cities metropolitan area. e. Grantee shall have no obligation to provide programming on any PEG Access Channel. 2. DIGITAL AND HD PEG CARRIAGE REQUIREMENTS. a. Grantee shall provide the PEG Access Channels on the Basic Cable Service tier or the lowest tier of service offered by Grantee in accordance with the Cable Act. Grantee shall carry all PEG Access Channels in a standard digital format in Grantee’s Basic Cable Service package. Upon ninety (90) days’ notice from the City Grantee shall make PEG Access Channel 8 available in high definition (HD) format, provided that Grantee receives a satisfactory HD signal from the program originator and provided City understands HD B-2 6689937v5 Channels may not be available on the Basic Cable tier of service. Grantee shall have no obligation to carry any PEG Access Channels in more than one format; i.e. dual carriage. b. The City acknowledges that receipt of an HD format Access Channel may require Subscribers to buy or lease special equipment or pay additional HD charges applicable to all HD services. c. Upon ninety (90) days written notice to Grantee, the City may provide PEG Access Channel 8 in only HD format to the demarcation point to provide the signal to Grantee, and as such the City will no longer provide the PEG Access Channel 8 in a standard definition digital format. Grantee shall provide all necessary transmission equipment from the demarcation point to the headend, in order to receive and retransmit the PEG Access Channels. Access Channel signals delivered in HD format to Grantee shall not require Grantee to deliver such HD signals to Subscribers except as set forth herein and shall not be required to be carried on the Basic Cable tier of service or on a dual carriage basis. 3. ACCESS CHANNEL LOCATIONS. a. Grantee shall make every reasonable effort to coordinate the cablecasting of PEG Access programming on the Cable System on the same Channel designations as such programming is currently cablecast within the City. In no event shall any PEG Access Channel reallocations be made prior to ninety (90) days written notice to the City by Grantee, except for circumstances beyond Grantee’s reasonable control. The PEG Access Channels will be located in the channel neighborhood within reasonable proximity (4-7 channel slots) to other commercial video or broadcast Channels, excluding pay-per-view programming offered by Grantee in the City. b. Grantee agrees not to encrypt the PEG Access Channels differently than other commercial Channels available on the Cable System. 4. ANCILLARY EQUIPMENT. Any ancillary equipment owned and operated by Grantee for the benefit of PEG Access Channels beyond the demarcation point(s) of each building which received Complimentary Service on Grantee’s fiber paths or Cable System, whether referred to switchers, routers or other equipment, will be maintained by Grantee, at no cost to the City or schools for the life of the Franchise. Grantee is responsible for any ancillary equipment on its side of the demarcation point and the City or school is responsible for all other production/playback equipment. 5. PEG TECHNICAL QUALITY. Grantee shall not be required to carry a PEG Access Channel in a higher quality format than that of the Channel signal delivered to Grantee, but Grantee shall not implement a change in the method of delivery of PEG Access Channels that results in a material degradation of signal quality or impairment of viewer reception of PEG Access Channels, provided that this requirement shall not prohibit Grantee from implementing new technologies also utilized for commercial Channels carried on its Cable System. B-3 6689937v5 a. Grantee shall meet FCC signal quality standards when offering Access Channels on its Cable System and shall continue to comply with closed captioning pass-through requirements. b. Within twenty-four (24) hours of a written request from City to the Grantee identifying a technical problem with a Access Channel and requesting assistance, Grantee will provide technical assistance or diagnostic services to determine whether or not a problem with a PEG signal is the result of matters for which Grantee is responsible and if so, Grantee will take prompt corrective action. If the problem persists and there is a dispute about the cause, then the parties shall meet with engineering representation from Grantee and the City in order to determine the course of action to remedy the problem. c. Grantee shall cablecast the entire programming stream of each PEG Access Channel including any Program Related Material, as defined below in this Paragraph 6(d)), “Program Related Material” shall mean (i) closed-captioning information, (ii) program identification codes, (iii) program ratings information, (iv) such other material as may be essential, necessary or appropriate for the delivery or distribution of the signal, and (v) information and material that is directly related to the subject matter of the programs on the PEG Access Channels, if such information or material is transmitted concurrently or substantially concurrently with its associated program content. 6. CHANGE IN TECHNOLOGY. In the event Grantee makes any change in the Cable System and related equipment and facilities or in its signal delivery technology, which requires the City to obtain new equipment beyond the demarcation point at City Hall in order to be compatible with such change for purposes of transport and delivery of the Access Channels, Grantee shall, at its own expense and free of charge to City, purchase such equipment as may be necessary to facilitate the cablecasting of the Access Channels in accordance with the requirements of the Franchise. 7. RELOCATION OF GRANTEE’S HEADEND. In the event Grantee relocates its headend, Grantee will be responsible for replacing or restoring the existing dedicated fiber connections at Grantee’s cost so that all the functions and capacity remain available, operate reliably and satisfy all applicable technical standards and related obligations of the Franchise free of charge to the City or its designated entities. 8. PEG OPERATIONS. City may in its sole discretion, negotiate agreements with neighboring jurisdictions served by the same Cable System, educational institutions or others to share the operating expenses of the PEG Access Channels. City and Grantee may negotiate an agreement for management of PEG Access Facilities, if so desired by both parties. 9. TITLE TO PEG EQUIPMENT. City shall retain title to all PEG equipment and facilities purchased or otherwise acquired. 10. PEG ACCESS OPERATING SUPPORT. a. Upon commencement of Cable Service by the Grantee to its first Subscriber in the City and through the end of the term of this Franchise, Grantee shall collect on behalf B-4 6689937v5 of City a per Subscriber fee of Sixty cents (60¢) per month solely to fund public, educational and governmental access expenditures (hereinafter “PEG Fee”). Upon ninety (90) days advance written notice from the City to the Grantee, the City shall have the unilateral right to impose either a per Subscriber, per month PEG Fee or a percentage of Gross Revenues PEG Fee that is higher or lower than the existing PEG Fee. The City agrees that it will impose an identical PEG Fee upon any other cable operator holding a cable franchise issued by the City. The purpose of this provision is to ensure that all cable operators holding a cable franchise in the City will remit the same PEG Fee to the City. b. The PEG Fee is not intended to represent part of the Franchise Fee and is intended to fall within one (1) or more of the exceptions in 47 U.S.C. § 542. The PEG Fee may be categorized, itemized, and passed through to Subscribers as permissible, in accordance with 47 U.S.C. §542 or other Applicable Laws. Grantee shall pay the PEG Fee to the City quarterly at the same time as the payment of Franchise Fees under Section 7.1 of the Franchise. Grantee agrees that it will not offset or reduce its payment of past, present or future Franchise Fees required as a result of its obligation to remit the PEG Fee. c. Any PEG Fees owing pursuant to this Franchise which remain unpaid more than forty-five (45) days after the end of a given quarter shall be delinquent and shall immediately thereafter accrue interest at twelve percent (12%) per annum. Enforcement of unpaid PEG Fees shall be handled in accordance with Section 9.6 of the Franchise, however, Grantee shall in all cases be subject to interest on any payment more than forty- five (45) days after the end of a given quarter. 11. SERVICE TO PUBLIC FACILITIES. a. Upon the City’s request, for the duration of this Franchise, Grantee shall provide, free of charge, one (1) service Drop, if necessary and requested, and Basic Cable Service and the next highest penetrated level of Cable Service generally available to all Subscribers (as of the effective date referred to as Expanded Basic Cable Service) (“Complimentary Service”), to the sites listed on Exhibit C attached hereto that are not currently receiving service from another franchised cable operator. b. The City, however, shall have the right to request the disconnection of the other cable franchised operator’s complimentary services and require Grantee to provide Complimentary Service to that location provided the City maintains a fair distribution of service to public buildings between all franchised cable operators serving the City. If ancillary equipment, such as a converter, is required to receive the signal at additional outlets beyond the one (1) complimentary converter referenced in paragraph a) above, the institution shall be required to pay the same monthly rate that Subscribers pay. In the event the Grantee elects to charge or offset the value of such service from the Franchise Fee payable to the City as may be permitted by Applicable Law, it may only do so under this Franchise if Grantee also imposes similar charges or offsets for other local franchising authorities served by the Grantee in the state of Minnesota, and only then following one hundred twenty (120) days advance written notice to City. B-5 6689937v5 b. Notwithstanding anything to the contrary set forth in this section, Grantee shall not be required to provide Complimentary Service to such buildings unless it is technically feasible. Outlets and maintenance of said Complimentary Service shall be provided free of fees and charges. c. Grantee shall, in any public building hereinafter built, provide all materials, design specifications and technical advice to provide Complimentary Service to such building. If the Drop line to such building exceeds three hundred fifty (350) feet, Grantee will accommodate the Drop up to three hundred fifty (350) feet if the City or other agency provides the necessary attachment point for aerial service or conduit pathway for underground service. If the necessary pathway is not provided, the City or other agency shall pay the incremental cost of such Drop in excess of two hundred fifty (250) feet for an aerial service Drop, or in excess of one hundred fifty (150) feet for an underground service Drop. For purposes of this paragraph, “incremental cost” means Grantee’s actual cost to provide the Drop beyond the applicable distances, with no mark-up for profit. The recipient of the service will secure any necessary right of entry. d. Throughout the term of this Franchise, Grantee shall provide complimentary set- top boxes, to be allocated as determined by the City, to the Complimentary Service locations listed in Exhibit C that are served by the Grantee. e. Two-way capability allowing for live transmission of PEG programming upstream to Grantee’s headend shall be provided to the public buildings listed in Exhibit D. C-1 6689937v5 EXHIBIT C SERVICE TO PUBLIC FACILITIES CITY BUILDINGS: City Hall 7700 Market Blvd. Fire Station 7610 Laredo Fire Station #2 6400 Minnewashta Parkway, Excelsior (location is in Chanhassen, but has an Excelsior mailing address) Public Works 7901 Park Place Chanhassen Recreation Center 2310 Coulter Drive (to be determined by mutual consent) East Water Treatment Plant 201 West 79th Street West Water Treatment Plant 2100 Lake Harrison Road Other SCHOOLS IN CHANHASSEN: Bluff Creek Elementary 230 Coulter Blvd. Chanhassen Elementary School 7600 Laredo Drive St. Hubert’s Catholic Church School 821 Main Street Minnetonka Middle School 6421 Hazeltine Blvd. West Chapel Hill Academy 30 West 78th Street Chanhassen High School 2200 Lyman Blvd. D-1 6689937v5 EXHIBIT D PUBLIC BUILDINGS TO BE PROVIDED WITH TWO-WAY CAPABILITY 1. CITY BUILDINGS: City Hall 7700 Market Blvd. Fire Station 7610 Laredo Public Works 7901 Park Place Chanhassen Recreation Center 2300 Coulter Drive Other: (to be determined by mutual consent) 2. SCHOOLS IN CHANHASSEN: Bluff Creek Elementary 2300 Coulter Blvd. Chanhassen Elementary School 7600 Laredo Drive St. Hubert’s Catholic Church School 8215 Main Street Minnetonka Middle School – West 6421 Hazeltine Blvd. Chapel Hill Academy 306 West 78th Street Chanhassen High School 2200 Lyman Blvd. E-1 6689937v5 EXHIBIT E FRANCHISE FEE PAYMENT WORKSHEET TRADE SECRET — CONFIDENTIAL Month/Year Month/Year Month/Year Total Cable Service Revenue Installation Charge Franchise Fee Revenue Advertising Revenue Home Shopping Revenue Equipment rental Other Revenue REVENUE Fee Calculated Franchise Fees PEG Fee Per Sub F-1 6689937v5 EXHIBIT F SUMMARY OF ORDINANCE FOR PUBLICATION AN ORDINANCE GRANTING A FRANCHISE TO CMN-RUS, INC. TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF CHANHASSEN, MINNESOTA SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN. On , 2021, the City of Chanhassen, Minnesota (“City”) adopted an ordinance granting a Cable Television Franchise to CMN-RUS, Inc. (“Grantee”). The Franchise serves two (2) purposes. First, it is intended to provide for and specify the means to attain the best possible Cable Service for the public by providing requirements for cable with respect to technical standards, customer service obligations, and related matters. Second, it grants a non-exclusive Cable Television Franchise to Grantee, to operate, construct and maintain a Cable System within the City and contains specific requirements for Grantee to do so. The Franchise includes the following: 1) a Franchise Fee of five percent (5%) of Grantee’s annual Gross Revenues; 2) a Franchise term of ten (10) years; 3) a list of schools and public buildings entitled to receive complimentary Cable Service; 4) dedicated channel capacity for Public, Educational and Governmental (“PEG”) access programming and provides financial support of such PEG Channels; 5) customer service standards regarding Grantee’s Cable Services; and 6) a performance bond to enforce Grantee’s compliance with the franchise. It is hereby determined that publication of this title and summary will clearly inform the public of the intent and effect of Ordinance No. . A copy of the entire ordinance shall be posted at the Chanhassen City Hall. It is hereby directed that only the above title and summary of Ordinance No. be published, conforming to Minn. Stat. § 331A.01, with the following: NOTICE Persons interested in reviewing a complete copy of the ordinance may do so at the Chanhassen City Hall at 7700 Market Boulevard, Chanhassen, MN 55317 during the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. Yes No Mayor Councilmember Councilmember Councilmember Councilmember Passed by the Chanhassen City Council this day of , 2021. ATTEST: , Mayor , 1 7064569v3 FIBER AGREEMENT THIS FIBER AGREEMENT (“Agreement”) is made this ____ day of August, 2021, by and between the City of _____________, Minnesota (“City”) and CMN-RUS, Inc. and its affiliates (collectively “MetroNet”). City and MetroNet are referred to herein, individually, as a “Party” and, collectively, as the “Parties”. WHEREAS, the Parties entered into a Franchise Agreement dated _______________ (“Franchise”) which sets forth MetroNet’s commitment to construct a fiber-to-the-premises Cable System (“System”) within the corporate boundaries of the City. The Franchise also provides for dedicated dark fiber connections to be constructed by MetroNet to specified City locations in exchange for the City’s waiver of all permit fees required for the initial construction of the System. WHEREAS, the City has requested that the City Fibers (as defined below) be the subject of a separate indefeasible right of use agreement (“IRU”) between MetroNet (as the IRU grantor) and the County of Carver (“County”) for the First Use benefit of the City (as the IRU grantee), so that the City Fibers will be governed by the terms and conditions of an agreement(s) between the City and the County. “First Use” means that in the face of any competing demands on the City Fibers, first priority shall be given to the City. NOW, THEREFORE, in consideration of the following mutual covenants and conditions and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows: 1. Waiver of Permit Fees. The City shall waive all permit fees required for the initial construction of the System as set forth in the Franchise. 2. Construction of Fiber Routes. a. At no cost to the City, MetroNet will install dark fiber strands in which the County will have an IRU for the First Use benefit of the City, the number and end point(s) of which are more specifically described in Exhibit A on this Agreement (“City Fibers”). b. The City Fibers will be constructed so that the City shall have First Use of and access to the City Fibers at the end points specified in Exhibit A and, if technologically feasible, at appropriate fiber connection points on the route if additional City Fiber lateral routes are desired in the future. c. MetroNet will terminate the City Fibers at a structure at each location identified in Exhibit A (each a “Location”) at a point agreed to by the Parties. d. Upon the City’s written request, MetroNet will extend the City Fibers into the structure at each Location provided the City, at no cost to MetroNet, (i) provides MetroNet with all access/entry rights needed to do so and (ii) marks the location of all utilities that are not registered with Gopher State One Call. e. MetroNet shall have no obligation under the terms of this Agreement to perform any routine or non-routine maintenance or repair, relocations or replacements of the City Fibers. Further, MetroNet will not “light” or monitor the City Fibers. For the avoidance of doubt, MetroNet’s obligation under this Agreement is limited to the construction and IRU described herein. 3. Term. This Agreement is coterminous with the term of the Franchise as extended or renewed between the parties , or any subsequent franchise or similar agreement entered into between the Parties that replaces the Franchise. In the event there is a change in applicable law, and MetroNet no longer is required to enter into a cable franchise or similar agreement with the City to provide cable or video services, upon the delivery of written notice from either Party to the other Party, the Parties will negotiate in good faith on an appropriate amendment to this Agreement that shall include a new term which shall not be less than ten (10) years. In all cases the cost to the City for the continuation of the exclusive use and access to the City 2 7064569v3 Fibers shall be provided free of charge to the City, with the exception of compensation that may be required under agreements between the City and County. 4. Right to Inspect and Test; Acceptance; Limitation of Liability. THE CITY OR ITS DESIGNEE SHALL HAVE THE RIGHT TO INSPECT AND TEST THE CITY FIBER AT CITY’S OWN EXPENSE. USE OF THE CITY FIBER SHALL BE DEEMED ACCEPTANCE OF THE CITY FIBER. THE CITY FIBER IS PROVIDED BY METRONET ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. USE OF THE CITY FIBER IS AT CITY’S SOLE RISK. IN NO EVENT WILL METRONET, ITS AFFILIATES OR PARENT COMPANY, BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COSTS OF COVER OR REPLACEMENT OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF METRONET AND WHETHER OR NOT METRONET HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. 5. Entire Agreement; Amendments; Signatures. This Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter contained herein and supersedes all prior offers, negotiations and other agreements concerning the subject matter contained herein. No revision of this Agreement shall be valid unless made in writing and signed by an officer of MetroNet and the City. This Agreement may be executed in counterparts, each of which shall be deemed an original. An electronically delivered signature shall create a valid and binding obligation of a Party with the same force and effect as if it were an original thereof. 6. Governing Law; Remedies; Interpretation. The laws of Minnesota shall govern this Agreement. In the event of a default by either Party, the other Party shall have the rights and remedies available to it at law or in equity. This Agreement shall be interpreted, applied and enforced according to the fair meaning of its terms and not construed against the drafter. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed as of the date first written above. City of _____________, Minnesota METRONET _______________________________ __________________________________ Name: _________________________ Name: ____________________________ Title: _________________________ Title: ____________________________ A-1 7064569v3 EXHIBIT A The City Fibers are four (4) dark fibers between (i) each address listed below (each a “Location A”) and (ii) the nearest accessible splice point on the Carver County fiber network. The City shall have access to the City Fibers at the Location A end points and, if technologically feasible, at appropriate fiber connection points on the route if additional City Fiber lateral routes are desired in the future. LIFT STATION (LS) LOCATIONS LS#1 7205 Frontier Trail on Sunrise Hills Beach lot LS#2 7510 Frontier Trail – (in front of) 4 blocks N of W 78th St. LS#3 3900 Highway 7 – N side of Hwy 7 one block W of Co. Rd. 15 LS#4 2935 Washta Bay Road, Lake Minnewashta, 2 blocks S of Hwy 7 LS #5 1005 Holly Lane – end of Holly Lane on public beach, Christmas Lake LS #6 7255 Minnewashta Parkway – N of Hwy 5 LS #7 7000 Minnewashta Parkway by Kings Road LS #8 3305 Shore Drive - end of driveway of residence LS #9 6641 Lotus Trail - Lotus Trail and Napa Drive in Carver Beach LS #10 508 Big Woods Blvd – Lotus Lake in front of residence/516 Big Woods Blvd. LS #11 7110 Utica Lane on Greenwood Shores Beach lot-corner of Utica Lane and Greenwood Drive LS #12 7610 South Shore Drive – Same location as Well #12 LS #13 100 Sandy Hook Road – N side of Sandy Hook Road, one block off Hwy 101 in Colonial Grove, Bloomberg Addition LS #14 337 Pleasant View Road – NE side of Lotus Lake end of driveway LS #15 6655 Merry Place on Lotus Lake at end of Merry Place LS #16 641 Pleasant View Road – N side of Lotus Lake LS #17 9000 Lake Riley Blvd. – intersection of Lyman/Lake Riley Blvd. LS #18 9250 Lake Riley Blvd. – S end of Lake Riley Blvd. LS #19 7330 Dogwood – end of Tanadoona Drive LS #20 599 W 96th Street – near intersection of Hwy 101/W 96th Street LS #21 295 Trappers Pass LS #22 7740 Dell Road – N of Hwy 5 LS #23 1456 W 78th Street – Lake Ann Park LS #25 1330 Heather Court – Willow Ridge LS #26 2326 Lukewood Drive – by cemetery LS #27 7476 Moccasin Trail LS #28 4196 Kings Road LS #29 8805 Powers Blvd. LS #30 6800 Lucy Ridge Lane-SW corner of Lake Lucy Road/LucyRidge LS #31 8677 Stonefield Lane – west of Power Hill Park LS #32 9327 Eagle Ridge Road – Foxwood development Bluff Creek Golf course Civil Defense Siren WATER UTILITY LOCATIONS Well #2 191 West 77th Street Well #4 901 Lake Drive Well #9 7200 Galpin Boulevard Well #11 175 W 78th Street Well #12 7610 S Shore Drive Well #13 55 Lake Drive E A-2 7064569v3 Well #14 820 Lake Drive Well #15 1700 Lake Lucy Rd. RESERVOIR LOCATIONS 3.5 Million Gallon Reservoir 1110 Lake Lucy Rd Tower #1 500 West 76th Street PUBLIC WORKS Public Work Building 7901 Park Drive ALREADY BUILT LOCATIONS Bandimere Park Civil Defense Siren Well #8 7001 Hazeltine Blvd Well #10 201 W 79th Street Tower #2 6431 Hazeltine Blvd. Tower #3 2990 Water Tower Place August 17, 2021 Laurie Hokkanen, City Manager City of Chanhassen PO Box 147 Chanhassen, MN 55317 Dear Ms. Hokkanen: The U.S. Census Bureau has released 2020 Census counts for your community: As of April 1, 2020, the City of Chanhassen had 10,021 housing units, 9,645 households, and 25,951 people (of whom 110 lived in group quarters facilities). Household size averaged 2.68 persons per household. The Metropolitan Council is certifying these numbers in lieu of its annual population estimates for 2020, in accordance with Minnesota Statutes 473.24. These numbers will be the basis for redrawing legislative district boundaries and for allocating certain kinds of state funding, such as Local Government Aid and the Municipal State Aid Street program. The Council’s estimates will resume in May 2022, when preliminary estimates for April 1, 2021 will be released. This letter includes a detailed report with additional 2020 Census results as well as comparable numbers from the 2010 Census. The Census Bureau’s initial release of data includes only the numbers necessary for redistricting; additional information will follow in the coming months, including the full age distribution and household types. They have not determined a release date for that additional data. In January 2022, the Census Bureau’s Count Question Resolution (CQR) program will begin. This provides a process for governments to request corrections to the official counts if they believe the Census Bureau used incorrect geographic boundaries or erroneously excluded some housing units from the data. We encourage local governments to evaluate the 2020 Census counts within their jurisdiction and to participate in the CQR program if they detect potential issues in the data. Any successful CQR corrections will be incorporated into the Council’s subsequent population estimates but will not affect redistricting, which is scheduled to occur before the Census Bureau rules on CQR requests. We will provide more details during technical assistance workshops to be offered later in 2021. If you would like further information, please visit https://metrocouncil.org/census2020 or contact me. I can respond most promptly if you email me at Matt.Schroeder@metc.state.mn.us. If this is not possible, you can mail letters to Matt Schroeder, Community Development Research, 390 Robert St N, Saint Paul, MN 55101. Sincerely, Matt Schroeder Principal Researcher