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11-14-2022 Agenda and PacketA.5:30 P.M. - WORK SESSION Note: Unless otherwise noted, work sessions are held in the Fountain Conference Room in the lower level of City Hall and are open to the public. If the City Council does not complete the work session items in the time allotted, the remaining items will be considered after the regular agenda. A.1 2023 Preliminary Budgets, Levy and CIP A.2 Financial Policies Discussion A.3 Future Work Session Schedule B.7:00 P.M. - CALL TO ORDER (Pledge of Allegiance) The Pledge of Allegiance will be led by the Webelos Arrow of Light Scout Den (5th grade) out of Chanhassen Scouts Pack 330. C.PUBLIC ANNOUNCEMENTS D.CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the city council and will be considered as one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. City council action is based on the staff recommendation for each item. Refer to the council packet for each staff report. D.1 Approve City Council Minutes dated October 24, 2022 D.2 Receive Planning Commission Minutes dated October 18, 2022 D.3 Receive Park & Recreation Commission Minutes dated September 27, 2022 D.4 Approve Claims Paid dated November 14, 2022 AGENDA CHANHASSEN CITY COUNCIL MONDAY, NOVEMBER 14, 2022 CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD 1 D.5 Approve Temporary On-Sale Liquor License to Rotary Club of Chanhassen for February Festival on February 4, 2023 at Lake Ann Park D.6 Approve First Amendment to Development Contract - Avienda Townhomes D.7 Resolution 2022-XX: Approve Lease with Ridgeview Ambulance to Transition Fire Station 2 to an Ambulance Base D.8 Resolution 2022-XX: Approve 2023 Service Agreement for Joint Assessment with Carver County Assessor D.9 Resolution 2022-XX: Approve Settlement Agreement for Parcel 19 as part of the CSAH 101 Improvement Project D.10 Resolution 2022-XX: Supporting the Highway 5 Arboretum Area Project 2022 Minnesota Corridors of Commerce Request D.11 Resolution 2022-XX: Approve updated Limited Use Permits entered into with the State of Minnesota, Department of Transportation D.12 Resolution 2022-XX: Certifying Results of General Election held on November 8, 2022 D.13 Ordinance XXX: Amendment to Chapter 20, Zoning, Concerning Variance Extensions D.14 Approve an Encroachment Agreement between the City of Chanhassen and Donald P. Beadles and Andrea P. Beadles E.VISITOR PRESENTATIONS Visitor Presentations requesting a response or action from the City Council must complete and submit the Citizen Action Request Form (see VISITOR GUIDELINES at the end of this agenda). F.PUBLIC HEARINGS G.GENERAL BUSINESS G.1 581 Fox Hill Drive: Request for Approval of Preliminary Plat H.COUNCIL PRESENTATIONS I.ADMINISTRATIVE PRESENTATIONS J.CORRESPONDENCE DISCUSSION J.1 2022 Building Permit Activity J.2 2022 Housing Policy and Production Survey Report K.ADJOURNMENT GUIDELINES FOR VISITOR PRESENTATIONS 2 Welcome to the Chanhassen City Council Meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations. Anyone seeking a response or action from the City Council following their presentation is required to complete and submit a Citizen Action Request Form. An online form is available at https://www.ci.chanhassen.mn.us/action or paper forms are available in the city council chambers prior to the meeting. Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the Council. During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion or request. Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Tequila Butcher, 590 West 79th Street in Chanhassen immediately after the meeting for a purely social event. All members of the public are welcome. 3 City Council Item November 14, 2022 Item 2023 Preliminary Budgets, Levy and CIP File No.Item No: A.1 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Kelly Grinnell, Finance Director Reviewed By Laurie Hokkanen SUGGESTED ACTION Discussion Motion Type N/A Strategic Priority Financial Sustainability SUMMARY The attached reports provide information for the discussion about the 2023 budgets, levy, and CIP. BACKGROUND DISCUSSION BUDGET RECOMMENDATION Staff requests Council provide feedback on budget, levy, and CIP items that will be under consideration at the December 12, 2022 Council meeting. 4 ATTACHMENTS Report on Preliminary 2023 Budget Levy and CIP 2023-2027 CIP Report by Funding Source 2023-2027 CIP Report by Project Type 5 Report for Council Workshop – November 14, 2022 Preliminary 2023 Budgets – All Funds Staff has prepared preliminary budgets for 2023 for all City funds. The table below shows the proposed budgets: Governmental Funds Revenues & Transfers In Expenditures & Transfers Out Change in Fund Balance Projected Ending Fund Balance General Fund $ 14,343,070 $ 14,343,070 $ - $ 8,000,000 Special Revenue Funds Charitable Gambling $ 50,000 $ 50,000 $ - $ 21,419 Cemetery $ 8,500 $ 29,000 $ (20,500) $ 16,615 Cable Franchise $ 7,598 $ 95,000 $ (87,402) $ 283,781 ARPA Funds $ 1,435,000 $ 1,435,000 $ - $ - Capital Funds Vehicle & Equipment Replacement $ 778,551 $ 1,265,505 $ (486,954) $ 1,373,144 Capital Facilities $ 360,415 $ 304,000 $ 56,415 $ 137,415 Park Renovation $ - $ 75,000 $ (75,000) $ 32,116 Park Development $ 200,000 $ 96,310 $ 103,690 $ 339,643 Transportation Infrastructure Management $ 417,402 $ 468,700 $ (51,298) $ 708,841 TIF #11 – Frontier Development $ 279,681 $ 265,965 $ 13,716 $ 40,200 TIF #12 – Lake Place Senior Apartment $ - $ 1,000 $ (1,000) $ (24,823) Pavement Management $ 10,472,760 $ 10,140,000 $ 332,760 $ 4,568,117 Debt Service Fund $ 502,861 $ 455,425 $ 47,436 $ 1,438,200 Total Governmental Funds $ 28,855,838 $ 29,023,975 $ 168,137 $ 16,959,491 Enterprise Funds Revenues Expenses Change in Net Position Projected Ending Net Position Water $ 4,651,000 $ 6,734,064 $ (2,083,064) $ 34,185,660 Sewer $ 4,282,595 $ 5,345,176 $ (1,062,581) $ 17,661,443 Surface Water Management $ 1,818,300 $ 4,056,169 $ (2,237,869) $ 15,196,022 Total Enterprise Funds $ 10,751,895 $ 16,135,409 $ (5,383,514) $ 67,043,125 Total - All City Funds $ 39,607,733 $ 45,159,384 $ (5,551,651) $ 84,002,616 General Fund There have been a few minor adjustments to the preliminary budget of $14,343,095 adopted by the Council on September 26, 2022. The budget is still balanced, with total revenues and transfers in totaling $14,343,070, which is equal to the amount of expenditures and transfers out. The proposed property tax levy of $10,749,000 remains unchanged from what was set in September. Special Revenue Funds Charitable Gambling Fund This fund accounts for proceeds received from charitable gambling. The funds can only be used for fire department equipment and training. The budget is unchanged from 2022. 6 Cemetery Fund This fund accounts for plot fees and maintenance for the City’s cemetery. This fund typically breaks about even each year, but for 2023 there is a CIP item for $25,000 for driveway improvements, thus the decrease in fund balance. Cable Franchise Fund This fund previously accounted for all revenues from Mediacom, both franchise fees and PEG fees. The City no longer receives PEG fees. Starting in 2023, franchise fees will be accounted for in the General Fund. Communication department expenses that were accounted for in this fund have also been moved to the General Fund. This fund will also transfer $45,000 to the General Fund in 2023 to help offset the additional expense to the General Fund. ARPA Fund This fund accounts for revenues and expenditures related to the American Rescue Plan Act grant funds. The City plans to use approximately half of the grant funds that were received in 2021 and 2022. Approximately $1,300,000 is to be used for the Lake Ann Park Reserve Project and $135,000 will be transferred to the General Fund to offset the cost of hiring three new fire captains and the Economic Development Manager positions. The City has not decided on use of the other half of the ARPA funds. Capital Funds Vehicles and Equipment Replacement Fund This fund accounts for the annual vehicle and equipment purchases and leases for all non-utility-related funds. The City entered into an agreement with Enterprise to lease several City vehicles, so there are several vehicle leases proposed to start in 2023. The main financing source is a property tax levy. The proposed levy of $615,000 remains unchanged from September. Capital Facilities Fund The Capital Facilities Fund was created in 2022 (previously these expenses were accounted for in the Vehicle and Equipment Replacement Fund) and accounts for the construction, improvement, and significant maintenance items for all non-utility-related City facilities. The main financing source is a property tax levy. The proposed levy of $155,000 remains unchanged from September. Staff has identified $304,000 in projects for 2023 and recommends a transfer from the Vehicle and Equipment Replacement Fund of $200,000. Park Renovation Fund This fund accounts for the replacement and repair of major park equipment and infrastructure. This fund currently does not have a dedicated funding source despite significant identified projects. The City has primarily used reserves from the General Fund for projects. The preliminary levy for 2023 does include funding of $250,000, but the Council has not decided whether to keep that in the final levy. There is one small project planned for 2023 and depending on whether a levy is adopted or fund balance is available, playground replacement may also be planned. Park Development Fund This fund accounts for the receipt of park dedication fees and the use of those fees for park and trail improvements as allowed by state statute. For 2023, the City will pay an installment of $96,310 for the Arboretum trail project. Transportation Infrastructure Management (TIM) Fund This fund accounts for street maintenance projects and trail and parking lot improvements. The primary funding source is a property tax levy. The proposed levy of $406,000 remains unchanged from September. 7 TIF District #11 Fund This fund accounts for revenues and expenditures associated with TIF District #11, the Frontier Development project. The City entered into a pay-as-you-go agreement with the developer and repays the developer for eligible costs based on tax increment collected. TIF District #12 Fund This fund accounts for revenues and expenditures associated with TIF District #12, the Lake Place Senior Apartment project. The project is not complete, but the City has entered into a pay-as-you-go agreement with the developer and will repay the developer for eligible costs based on tax increment collected. Pavement Management Fund This fund accounts for major street construction and reconstruction projects in the City. This fund has several dedicated funding sources, including a property tax levy. The proposed levy of $918,000 remains unchanged from September. Other funding sources include electric and gas franchise fees; special assessments; MSA maintenance and construction allotments; and other intergovernmental grants and aids. Debt Service Fund The City currently has one active debt service account for the 2016A refunding bonds for the new Public Works Facility. The primary funding source is a property tax levy. The proposed levy of $482,000 remains unchanged from September. Enterprise Funds The City has three enterprise funds for its Water, Sewer, and Storm Water Management Funds. The City is working with Ehlers on a rate study for 2023 fees. The preliminary budgets for these funds do not incorporate any rate adjustments. There are also several significant capital items proposed for these funds. Staff is including debt service principal in these budgets beginning this year. Staff will present budget updates for these funds in December. 2023-2027 Capital Improvement Plan Staff has completed a preliminary 2023-2027 Capital Improvement Plan (see attached CIP Funding Source and Project Type reports). All the 2023 CIP items have been incorporated into the 2023 budgets for each fund. Vehicles and Equipment Replacement Fund The 5-year financial forecast for this fund shows that the planned purchases for years 2023 through 2027 can be supported given the planned property tax levy and fund balance. 2023 2024 2025 2026 2027 Total Revenues $642,901 $695,597 $760,322 $812,823 $871,521 Total Expenditures $1,065,505 $900,357 $1,500,057 $1,140,372 $930,970 Total Other Financing Sources/(Uses) $(64,350) $519,730 $239,835 $240,717 $74,568 Net Change in Fund Balance $(486,954) $314,970 $(499,900) $(86,832) $15,119 Ending Fund Balance $1,373,144 $1,688,115 $1,188,214 $1,101,383 $1,116,501 Capital Facilities Fund The 5-year financial forecast for this fund shows that most of the planned purchases for years 2023 through 2027 can be supported given the planned property tax levy and fund balance. The one exception is the roof replacement for City Hall. This $300,000 item is scheduled for 2024; however, if a new City Hall Campus is pursued this item would not be done. 8 There are also several maintenance items that were identified in the facilities analysis study that are not included, pending the timing of a new City Hall Campus. 2023 2024 2025 2026 2027 Total Revenues $156,215 $187,061 $212,187 $242,647 $273,017 Total Expenditures $304,000 $512,000 $181,500 $218,000 $188,500 Total Other Financing Sources/(Uses) $204,200 $0 $0 $0 $0 Net Change in Fund Balance $56,415 $(324,939) $30,687 $24,647 $84,517 Ending Fund Balance $137,415 $(187,524) $(156,837) $(132,189) $(47,672) Park Renovation Fund There are only two planned projected for the Park Renovation Fund given the limited funding source and fund balance. 2023 2024 2025 2026 2027 Total Revenues $0 $0 $0 $0 $0 Total Expenditures $75,000 $0 $0 $0 $30,000 Total Other Financing Sources/(Uses) $0 $0 $0 $0 $0 Net Change in Fund Balance $(75,000) $0 $0 $0 $(30,000) Ending Fund Balance $32,116 $32,116 $32,116 $32,116 $2,116 As mentioned earlier, this fund does not have a dedicated funding source, but does have several pending projects that are not included in the CIP. The preliminary tax levy that was adopted in September does include $250,000 annually for this fund, however, the Council indicated the final levy may not include this funding. The schedule below shows the unfunded projects: Year Location Total 2023 Carver Beach Playground $85,000 Sugarbush Park Playground $85,000 South Lotus Lake Playground $80,000 Total $250,000 2024 Lake Ann Park Ballfield Playground $220,000 Lake Ann Park Batting Cages $30,000 Total $250,000 2025 Bandimere Park (2 Playgrounds) $250,000 Total $250,000 2026 Meadow Green Park Playground $120,000 Meadow Green Park Tennis Court $130,000 Total $250,000 2027 Skate Park (Resurface & Replace Equipment) $220,000 Lake Ann Park Irrigation Pumps $30,000 Total $250,000 Park Development Fund There is one project in the CIP for this fund along with planned repayments to Carver County for the Arboretum Trail project. The City does expect to receive significant park dedication fees from the Avienda development, but the timing 9 for when the City receives those revenues is uncertain. Staff has identified $2,035,000 in improvements to the Lake Ann Park beach, but since there is not enough funding it is not included in the CIP. 2023 2024 2025 2026 2027 Total Revenues $200,000 $200,000 $200,000 $200,000 $200,000 Total Expenditures $0 $0 $0 $180,000 $0 Total Other Financing Sources/(Uses) $(96,310) $(96,310) $(96,310) $0 $0 Net Change in Fund Balance $103,690 $103,690 $103,690 $20,000 $200,000 Ending Fund Balance $339,643 $443,333 $547,023 $567,023 $767,023 In addition to the items already discussed, the City has identified other items that could potentially be funded by a local sales tax. Potential projects for the referendum total nearly $37,000,000. The City has contracted with the University of Minnesota to determine what revenue could be raised if a local sales tax were enacted. There will be more discussion on this in 2023. Transportation Infrastructure Management (TIM) Fund The CIP items for this fund include ADA transition plan improvements and trail/parking lot repairs and rehab. The Council reviewed funding needs for park trails at a workshop in October. One of the items under consideration by the Council is whether to increase funding for trail maintenance. The current annual amount allocated for trail and parking lot repairs/rehab ranges from $80,000 to $90,000. 2023 2024 2025 2026 2027 Total Revenues $417,402 $428,633 $439,999 $451,231 $461,217 Total Expenditures $468,700 $470,900 $491,200 $585,500 $516,900 Total Other Financing Sources/(Uses) $0 $0 $0 $0 $0 Net Change in Fund Balance $(51,298) $(42,267) $(51,201) $(134,269) $(55,683) Ending Fund Balance $708,841 $666,574 $615,372 $481,103 $425,419 Pavement Management Fund The City has several road construction and reconstruction projects planned for 2023-2027 and there is currently adequate funding for the street portion of all the projects. Funding for the utility portions of these projects comes from those funds and Ehlers is conducting a rate study for the utility funds. 2023 2024 2025 2026 2027 Total Revenues $8,620,760 $11,724,149 $5,037,552 $4,846,562 $4,935,952 Total Expenditures $10,140,000 $13,670,000 $8,780,000 $7,510,000 $7,640,000 Total Other Financing Sources/(Uses) $1,852,000 $1,984,000 $4,656,000 $2,968,000 $3,020,000 Net Change in Fund Balance $332,760 $38,149 $913,552 $304,562 $315,952 Ending Fund Balance $4,568,117 $4,606,266 $5,519,819 $5,824,381 $6,140,333 10 Property Tax Levy Options On September 26, 2022, the City Council adopted the following preliminary property tax levy: 2022 Levy 2023 Proposed $ Change % Change General Fund $10,194,746 $10,749,000 $ 554,254 6.5% Capital Funds Fleet & Equipment $ 565,000 $ 615,000 $ 50,000 6.3% Facilities $ 125,000 $ 155,000 $ 30,000 20.0% Park Renovation Fund $ 0 $ 250,000 $ 250,000 New Pavement Mgmt Program Fund $ 900,000 $ 918,000 $ 18,000 2.0% Transportation Infrastructure Mgmt $ 394,490 $ 406,000 $ 11,510 2.9% Total Capital Funds $ 1,984,490 $ 2,344,000 $ 359,510 18.1% Debt Levy $ 483,840 $ 482,000 $ -1,840 -0.4% Total Tax Levy $12,663,076 $13,575,000 $ 911,924 7.2% When the City Council adopted the levy there was significant discussion about the increase in the levy and whether to include a levy for the Park Renovation Fund and whether the levy could be reduced before final adoption in December. Other options discussed included using General Fund reserve fund balance for the park renovation fund projects and whether to increase the levy for the Transportation Infrastructure Management fund for trail projects. Another question asked was how much would the levy increase be if it was capped at the rate of new growth. Based on the County Assessor report, new construction accounted for 1.17% of the increase in market value change between 2021 and 2022, the tax levy would be $12,811,233, an increase of $148,158. The City would not be able to fund many of the items included in the 2023 budget with a 1.17% increase. The proposed 2023 budget includes the first full year of funding for the pay compensation plan and adds three full-time fire captains to improve service levels and improve response times. The budget also includes the 10% increase in the Carver County Sheriff’s contract. Per Council direction, the budget maintains planned, modest annual increases in funding levels for transportation/routine road maintenance, pavement management/street reconstruction, trail maintenance, and capital equipment to meet the City’s strategic priorities of financial sustainability and operational excellence. The table below shows several different levy options for 2023:  Scenario A – Keep levy at level adopted in September – 7.2% increase with $250,000 to Park Renovation  Scenario B – Reduce levy increase to 5.2% – eliminates $250,000 in Park Renovation funding  Scenario C – Reduce levy increase to 6.2% - eliminates $250,000 in Park Renovation funding, but adds $195,000 for park trail funds in TIM fund  Scenario D – Reduce levy increase to 5.9% - eliminates $250,000 in Park Renovation funding, but adds $90,000 for park trail funds in TIM fund 11 2023 Preliminary – Scenario A 2023 Scenario B 2023 Scenario C 2023 Scenario D General Fund $10,749,000 $10,749,000 $10,749,000 $10,749,000 Capital Funds Fleet & Equipment $ 615,000 $ 615,000 $ 615,000 $ 615,000 Facilities $ 155,000 $ 155,000 $ 155,000 $ 155,000 Park Renovation Fund $ 250,000 $ 0 $ 0 $ 0 Pavement Mgmt Program Fund $ 918,000 $ 918,000 $ 918,000 $ 918,000 Transportation Infrastructure Mgmt $ 406,000 $ 406,000 $ 531,000 $ 496,000 Total Capital Funds $ 2,344,000 $ 2,094,000 $ 2,219,000 $ 2,184,000 Debt Levy $ 482,000 $ 482,000 $ 482,000 $ 482,000 Total Tax Levy $13,575,000 $13,325,000 $13,450,000 $13,415,000 Tax Levy Increase 7.2% 5.2% 6.2% 5.9% The council reviewed the impact of various levy amounts on taxpayers assuming a 16.48% average market value increase for residential taxpayers and a 7.6% average market value increase for commercial taxpayers. The table below shows the tax impact for residential taxpayers using scenarios A-D above: Value for Taxes in 2022 Value for Taxes in 2023 2023 Taxes Scenario A 7.2% Inc 2023 Taxes Scenario B 5.2% Inc 2023 Taxes Scenario C 6.2% Inc 2023 Taxes Scenario D 5.9% Inc Home A $300,000 $349,440 $700 $686 $693 $691 Home A $ Inc annual/month $50/$4 $36/$3 $43/$4 $41/$3 Home A % Inc 5.6% 7.7% 6.6% 6.3% Home B $500,000 $582,400 $1,228 $1,204 $1,216 $1,212 Home B $ Inc annual/month $107/$9 $83/$7 $95/$8 $91/$8 Home B % Inc 7.4% 9.5% 8.4% 8.1% Home C $700,000 $815,360 $1,821 $1,785 $1,803 $1,798 Home C $ Inc annual/month $139/$12 $103/$9 $121/$10 $116/$10 Home C % Inc 6.1% 8.3% 7.2% 6.9% Home D $900,000 $1,048,320 $2,413 $2,366 $2,390 $2,383 Home D $ Inc annual/month $171/$14 $124/$10 $148/$12 $141/$12 Home D % Inc 5.5% 7.6% 6.6% 6.3% Home E $1,100,000 $1,281,280 $3,006 $2,947 $2,977 $2,969 Home E $ Inc annual/month $204/$17 $145/$12 $174/$15 $166/$14 Home E % Inc 5.2% 7.3% 6.2% 5.9% The table below shows the tax impact for commercial taxpayers using scenarios A-D above: Value for Taxes in 2022 Value for Taxes in 2023 2023 Taxes Scenario A 7.2% Inc 2023 Taxes Scenario B 5.2% Inc 2023 Taxes Scenario C 6.2% Inc 2023 Taxes Scenario D 5.9% Inc Business A $1,000,000 $1,076,000 $2,547 $2,497 $2,530 $2,523 Business A $ Inc $(110) $(60) $(77) $(84) Business A % Inc -4.2% -2.3% -3.0% -3.2% Business B $5,000,000 $5,380,000 $13,105 $12,847 $13,015 $12,979 Business B $ Inc $(594) $(336) $(426) $(463) Business B % Inc -4.4% -2.5% -3.2% -3.4% 12 The table below shows levy projections through 2027 assuming a 7.2% increase in 2023 and new levies for City Hall Campus debt and a parks referendum debt: 2023 2024 2025 2026 2027 General Fund $10,749,000 $11,389,000 $11,914,000 $12,439,000 $12,964,000 Capital Funds Fleet & Equipment $ 615,000 $ 675,000 $ 735,000 $ 795,000 $ 855,000 Facilities $ 155,000 $ 185,000 $ 215,000 $ 245,000 $ 290,000 Park Renovation Fund $ 250,000 $ 440,000 $ 100,000 $ 75,000 $ 250,000 Pavement Mgmt Program Fund $ 918,000 $ 936,000 $ 955,000 $ 974,000 $ 994,000 Transportation Infrastructure Mgmt $ 406,000 $ 418,000 $ 430,000 $ 442,000 $ 454,000 Total Capital Funds $ 2,344,000 $ 2,654,000 $ 2,435,000 $ 2,531,000 $ 2,843,000 Debt Levy $ 482,000 $ 482,000 $ 1,260,000 $ 1,760,000 $ 1,760,000 Total Tax Levy $13,575,000 $14,525,000 $15,609,000 $16,730,000 $17,567,000 Tax Levy Increase 7.2% 7.0% 7.5% 7.2% 5.0% Next Steps The Truth in Taxation public meeting is scheduled for December 12, 2022. At that meeting, the budget and levy will be discussed and the public must be given a chance to speak. There is currently only one December meeting planned, so the Council will need to adopt a final levy and budget at that meeting. 13 CITY OF CHANHASSEN - 2023-2027 CAPITAL IMPROVEMENT PLAN - PROJECTS BY FUNDING SOURCE Funding Source Project Number Request Title FY2023 FY2024 FY2025 FY2026 FY2027 Total Facilities Capital - Fund 402 PR-2023R Facilities - Lake Ann Park Roof Replacements $75,000.00 $75,000.00 PS-001 Facilities - Civil Defense Siren Maintenance $45,000.00 $12,000.00 $12,500.00 $13,000.00 $13,500.00 $96,000.00 MBRec-141 Facilities - Rec Center/Bluff Creek Gym Wall $50,000.00 $50,000.00 MBRec-140 Facilities - Recreation Center Revitalization Project $25,000.00 $25,000.00 $50,000.00 MBPW-061 Facilities - Public Works Boiler Replacement $35,000.00 $35,000.00 MBPW-060 Facilities - Public Works Anti-Icing Tank $12,000.00 $12,000.00 MBPW-045 Facilities - Public Works Security Fencing & Access Control $94,000.00 $94,000.00 MBPW-044 Facilities - Public Works Salt Shed Canvas Cover Replacement $25,000.00 $25,000.00 MBPW-043 Facilities - Public Works Fuel Tank Monitoring System Upgrade $7,000.00 $7,000.00 MBPW-042 Facilities - Public Works Fuel Island Canopy $100,000.00 $100,000.00 MBPrk-001 Facilities - Lake Ann Park Shed Radiant Heating Unit Replacements $40,000.00 $40,000.00 MBLib-001 Facilities - Library Boiler Replacements $90,000.00 $90,000.00 MBFire-048 Facilities - Fire Station 1 Furnace Replacement $40,000.00 $40,000.00 MBFire-047 Facilities - Fire Station 1 Improvements $125,000.00 $125,000.00 MBCH-033 Facilities - City Hall Roof Replacement $300,000.00 $300,000.00 MB-048 Facilities - Deferred Maintenance Allowance for City Facilities $15,000.00 $25,000.00 $50,000.00 $75,000.00 $100,000.00 $265,000.00 Total Facilities Capital - Fund 402 $304,000.00 $512,000.00 $181,500.00 $218,000.00 $188,500.00 $1,404,000.00 Fleet Capital - Fund 400 F-414 Vehicle #414 - Parks Light Duty Pickup $7,215.00 $7,215.00 $7,215.00 $7,215.00 $7,940.00 $36,800.00 F-002 Vehicle #002 - Facilities Maintenance Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,900.00 $36,700.00 F-001 Vehicle #001 - Administration Compact SUV $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,920.00 $36,720.00 F-197 Equipment #197 - Parks Mower $15,000.00 $15,000.00 F-141 Equipment #141 - Parks Tractor $104,300.00 $104,300.00 F-01F Trailer #1F - 15,000 lbs Tandem Axle $10,000.00 $10,000.00 F-802 Vehicle #802 - Community Development Minivan $10,200.00 $10,200.00 $10,200.00 $10,200.00 $11,300.00 $52,100.00 F-702 Vehicle #702- Public Safety Light Duty Pickup $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,900.00 $45,900.00 F-612 Vehicle #503 - Engineering Light Duty Pickup $8,700.00 $8,700.00 $8,700.00 $8,700.00 $9,600.00 $44,400.00 F-611 Vehicle #611 - Bldg Inspections Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,900.00 $36,700.00 F-607 Vehicle #607 - Bldg Inspections Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,900.00 $36,700.00 F-604 Vehicle #604 - Bldg Inspections Light Duty Pickup $8,700.00 $8,700.00 $8,700.00 $9,600.00 $35,700.00 F-603 Vehicle #603 - Bldg Inspections Light Duty Pickup $8,700.00 $8,700.00 $8,700.00 $8,700.00 $9,600.00 $44,400.00 F-602 Vehicle #602- Bldg Inspections Compact SUV $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,900.00 $36,700.00 F-502 Vehicle #502 - Engineering Compact SUV $8,400.00 $8,400.00 $8,400.00 $8,400.00 $9,200.00 $42,800.00 F-501 Vehicle #501 - Engineering Light Duty Pickup $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,900.00 $45,900.00 F-430 Vehicle #430 - Parks Compact SUV $7,200.00 $7,200.00 $7,200.00 $7,200.00 $28,800.00 F-421 Vehicle #421 - Parks Light Duty Pickup $7,200.00 $7,200.00 $14,400.00 F-420 Vehicle #420 - Parks Light Duty Pickup $7,215.00 $7,215.00 $7,215.00 $7,215.00 $7,940.00 $36,800.00 F-419 Vehicle #419 - Parks Light Duty Pickup $7,215.00 $7,215.00 $7,215.00 $7,215.00 $7,940.00 $36,800.00 F-416 Vehicle #416 - Parks Light Duty Pickup $7,215.00 $7,215.00 $7,215.00 $7,215.00 $7,940.00 $36,800.00 F-411 Vehicle #411 - Parks Light Duty Pickup $7,215.00 $7,215.00 $7,215.00 $7,215.00 $7,940.00 $36,800.00 F-410 Vehicle #410 - Parks Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $7,200.00 $28,800.00 F-409 Vehicle #409 - Parks Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $7,200.00 $28,800.00 F-408 Vehicle #408 - Parks Light Duty Pickup $7,215.00 $7,215.00 $7,215.00 $7,215.00 $7,940.00 $36,800.00 F-221 Vehicle #221 - Fire Response Pickup $8,922.00 $8,922.00 $8,922.00 $8,922.00 $9,810.00 $45,498.00 F-214 Vehicle #214 - Fire Response Grass Rig $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $50,000.00 F-404 Vehicle #404 - Parks Light Duty Pickup $7,200.00 $7,200.00 $14,400.00 F-407 Vehicle #407 - Parks Light Duty Pickup $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,900.00 $45,900.00 F-405 Vehicle #405 - Parks Light Duty Pickup $7,800.00 $7,800.00 $7,800.00 $7,800.00 $8,580.00 $39,780.00 F-403 Vehicle #403 - Parks Light Duty Pickup $7,215.00 $7,215.00 $7,215.00 $7,215.00 $7,940.00 $36,800.00 F-401 Vehicle #401 - Parks Light Duty Pickup $7,215.00 $7,215.00 $7,215.00 $7,215.00 $7,940.00 $36,800.00 F-402 Vehicle #402 - Parks Light Duty Pickup $7,215.00 $7,215.00 $7,215.00 $7,215.00 $7,940.00 $36,800.00 F-207 Vehicle #207 - Fire Response Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $7,200.00 $28,800.00 F-206 Vehicle #206 - Fire Response SUV $10,291.00 $10,291.00 $10,291.00 $11,320.00 $42,193.00 1 14 CITY OF CHANHASSEN - 2023-2027 CAPITAL IMPROVEMENT PLAN - PROJECTS BY FUNDING SOURCE Funding Source Project Number Request Title FY2023 FY2024 FY2025 FY2026 FY2027 Total F-205 Vehicle #205 - Fire Response SUV $10,291.00 $10,291.00 $10,291.00 $11,320.00 $42,193.00 F-204 Vehicle #204 - Fire Response SUV $10,291.00 $10,291.00 $10,291.00 $10,291.00 $11,320.00 $52,484.00 F-201 Vehicle #201 - Fire Response SUV $10,291.00 $10,291.00 $10,291.00 $10,291.00 $11,320.00 $52,484.00 F-202 Vehicle #202 - Fire Response SUV $10,291.00 $10,291.00 $10,291.00 $10,291.00 $11,320.00 $52,484.00 F-161 Vehicle #161 - Shop Light Duty Pickup $7,800.00 $7,800.00 $8,580.00 $24,180.00 F-156 Vehicle #156 - Shop Van $10,200.00 $10,200.00 $10,200.00 $10,200.00 $11,300.00 $52,100.00 F-155 Vehicle #155 - Shop Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,900.00 $36,700.00 F-134 Vehicle #134 - Streets Light Duty Pickup $7,215.00 $7,215.00 $7,215.00 $7,215.00 $7,940.00 $36,800.00 F-135 Vehicle #135 - Streets Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $7,200.00 $28,800.00 F-151 Vehicle #151 - Shop Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,900.00 $36,700.00 F-133 Vehicle #133 - Streets Light Duty Pickup $7,800.00 $7,800.00 $8,580.00 $24,180.00 F-132 Vehicle #132 - Streets Light Duty Pickup $7,215.00 $7,215.00 $7,215.00 $7,215.00 $7,940.00 $36,800.00 F-131 Vehicle #131 - Streets Light Duty Pickup $7,215.00 $7,215.00 $7,215.00 $7,215.00 $7,940.00 $36,800.00 F-140 Vehicle #140 - Streets Light Duty Pickup $7,215.00 $7,940.00 $15,155.00 F-101 Vehicle #101 - Streets Light Duty Pickup $7,800.00 $7,800.00 $7,800.00 $7,800.00 $8,580.00 $39,780.00 F-Skid Equipment - Annual Skid Loader Trade-in $32,000.00 $33,000.00 $34,000.00 $35,000.00 $36,000.00 $170,000.00 SWMP-062 Equipment - Track Mats with Grappler Attachment $7,000.00 $7,000.00 F-137 Equipment - Compressor Replacement $32,000.00 $32,000.00 F-100E Equipment - Leased Vehicle Appurtenances $12,000.00 $12,500.00 $13,000.00 $13,500.00 $14,000.00 $65,000.00 F-100D Equipment - Compacting Attachment for Excavator $7,500.00 $7,500.00 F-100C Equipment - Breaker Bar Attachment $5,000.00 $5,000.00 F-100B Equipment - Portable Message Boards $40,000.00 $40,000.00 F-492 Equipment - Ballfield Painter/Striper $31,000.00 $31,000.00 F-487 Equipment #487 - Parks Polar Track $44,600.00 $44,600.00 F-476 Equipment #476 - Parks Utility Vehicle $35,000.00 $35,000.00 F-474 Equipment #474 - Parks Tractor $95,000.00 $95,000.00 F-473 Equipment #473 - Parks Tractor $43,000.00 $43,000.00 F-472 Equipment #472 - Parks Tractor $22,000.00 $22,000.00 F-471 Equipment #471 - Parks Tractor $90,000.00 $90,000.00 F-470 Equipment #470 - Parks Mechanical Floor Sweeper $50,000.00 $50,000.00 F-493 Equipment #486 - Parks Weed Sprayer $10,000.00 $10,000.00 F-456 Equipment #456 - Parks Mower $83,000.00 $83,000.00 F-452 Equipment #452 - Parks Mower $127,000.00 $127,000.00 F-451 Equipment #451 - Parks Mower $87,000.00 $87,000.00 F-450 Equipment #450 - Parks Mower $117,000.00 $117,000.00 F-432 Equipment - Perkins Satellite Lifter System $30,000.00 $30,000.00 F-431 Vehicle #431 - Parks Garbage Collection Truck $47,000.00 $47,000.00 F-406 Vehicle #406 - Parks 1-Ton Dump Pickup $95,000.00 $95,000.00 F-232 Equipment #232 - Fire Response Boat $23,500.00 $23,500.00 F-158 Equipment - Asphalt Hot Box $50,000.00 $50,000.00 F-142 Equipment - Snowblower Attachment for Loader $154,500.00 $154,500.00 F-128 Vehicle #128 - Streets Dump/Plow Truck $255,000.00 $255,000.00 F-105 Vehicle #105 - Streets Dump/Plow Truck $300,000.00 $300,000.00 F-104 Vehicle #104 - Streets Dump/Plow Truck $340,000.00 $340,000.00 F-103 Vehicle #103 - Streets Dump/Plow Truck $330,000.00 $330,000.00 F-102 Vehicle #102 - Streets Dump/Plow Truck $270,000.00 $270,000.00 F-01G Trailer #1G - 60 Ton Tri Axle $50,000.00 $50,000.00 F-01B Trailer #1B - 25,000 lbs Tandem Axle $18,000.00 $18,000.00 F-01A Trailer #1A - 15,000 lbs Tandem Axle $10,000.00 $10,000.00 F-397 Equipment - Trailer Mounted Vactor $50,000.00 $50,000.00 Total Fleet Capital - Fund 400 $985,575.00 $888,357.00 $1,304,057.00 $993,372.00 $902,970.00 $5,074,331.00 Other Agency Funding SS-027 Sewer - Lift Station Access Improvements $25,000.00 $25,000.00 2 15 CITY OF CHANHASSEN - 2023-2027 CAPITAL IMPROVEMENT PLAN - PROJECTS BY FUNDING SOURCE Funding Source Project Number Request Title FY2023 FY2024 FY2025 FY2026 FY2027 Total SWMP-057 Stormwater - Downtown Water Reuse Project $250,000.00 $250,000.00 SWMP-046 Stormwater - Lotus Lake Channels & Outfall Improvements $450,000.00 $450,000.00 Total Other Agency Funding $450,000.00 $25,000.00 $250,000.00 $0.00 $0.00 $725,000.00 Park Dedication Capital Fund P-LAB Parks - Lake Ann Park Beach Improvements $180,000.00 $180,000.00 Total Park Dedication Capital Fund $0.00 $0.00 $0.00 $180,000.00 $0.00 $180,000.00 Park Renovation Capital Fund PR-2027 Parks - Lake Ann Park Irrigation Pumps $30,000.00 $30,000.00 PR-2023R Facilities - Lake Ann Park Roof Replacements $75,000.00 $75,000.00 Total Park Renovation Capital Fund $75,000.00 $0.00 $0.00 $0.00 $30,000.00 $105,000.00 SR Fund - CATV Franchise Fees T-026 IT - Audio/Visual Equipment $10,000.00 $10,000.00 $10,000.00 $30,000.00 Total SR Fund - CATV Franchise Fees $10,000.00 $10,000.00 $10,000.00 $0.00 $0.00 $30,000.00 SR Fund - Cemetery Fund CEM-001 Cemetery - Driveway Improvements $25,000.00 $25,000.00 Total SR Fund - Cemetery Fund $25,000.00 $0.00 $0.00 $0.00 $0.00 $25,000.00 Streets - MNDoT State Funding ST-051 Streets - MMSW Access Improvements $2,200,000.00 $2,200,000.00 Total Streets - MNDoT State Funding $0.00 $2,200,000.00 $0.00 $0.00 $0.00 $2,200,000.00 Streets - Other Agency Funding ST-051 Streets - MMSW Access Improvements $400,000.00 $400,000.00 ST-050 Streets - Crimson Bay Road/Dogwood Road Connection $700,000.00 $700,000.00 ST-043 Streets - Downtown Traffic Signals $160,000.00 $160,000.00 ST-040 Streets - Galpin Blvd Imp (Hwy 5 N to City Limits) $3,500,000.00 $3,500,000.00 $7,000,000.00 Total Streets - Other Agency Funding $3,500,000.00 $4,760,000.00 $0.00 $0.00 $0.00 $8,260,000.00 Streets - PMP Assessments ST-054 Streets - Pleasant View Road Reconstruction $880,000.00 $1,120,000.00 $2,000,000.00 ST-050 Streets - Crimson Bay Road/Dogwood Road Connection $120,000.00 $120,000.00 ST-049 Streets - Lake Drive East/Great Plains Improvements $200,000.00 $200,000.00 ST-048 Streets - Market Blvd Improvements $680,000.00 $680,000.00 ST-012-2027 Streets - 2027 Street Improvements $1,900,000.00 $1,900,000.00 ST-012-2026 Streets - 2026 Street Improvements $1,888,000.00 $1,888,000.00 ST-012-2025 Streets - 2025 Street Improvements $1,876,000.00 $1,876,000.00 ST-012-2024 Streets - 2024 Street Improvements $1,864,000.00 $1,864,000.00 ST-012-2023 Streets - 2023 Street Improvements $1,852,000.00 $1,852,000.00 Total Streets - PMP Assessments $1,852,000.00 $1,984,000.00 $2,556,000.00 $2,968,000.00 $3,020,000.00 $12,380,000.00 Streets - PMP Funds ST-052 Streets - Bluff Creek Boulevard Extension $450,000.00 $90,000.00 $90,000.00 $90,000.00 $90,000.00 $810,000.00 ST-051 Streets - MMSW Access Improvements $100,000.00 $100,000.00 ST-050 Streets - Crimson Bay Road/Dogwood Road Connection $180,000.00 $180,000.00 ST-043 Streets - Downtown Traffic Signals $160,000.00 $200,000.00 $360,000.00 ST-012-2027 Streets - 2027 Street Improvements $2,850,000.00 $2,850,000.00 ST-012-2026 Streets - 2026 Street Improvements $2,832,000.00 $2,832,000.00 ST-012-2025 Streets - 2025 Street Improvements $2,814,000.00 $2,814,000.00 ST-012-2024 Streets - 2024 Street Improvements $2,796,000.00 $2,796,000.00 ST-012-2023 Streets - 2023 Street Improvements $2,778,000.00 $2,778,000.00 Total Streets - PMP Funds $3,228,000.00 $3,326,000.00 $3,104,000.00 $2,922,000.00 $2,940,000.00 $15,520,000.00 Streets - PMP MSA Funds ST-054 Streets - Pleasant View Road Reconstruction $1,320,000.00 $1,680,000.00 $3,000,000.00 ST-049 Streets - Lake Drive East/Great Plains Improvements $300,000.00 $300,000.00 ST-048 Streets - Market Blvd Improvements $1,020,000.00 $1,020,000.00 ST-042 Streets - TH 41 and 82nd Street Signal $160,000.00 $160,000.00 ST-040 Streets - Galpin Blvd Imp (Hwy 5 N to City Limits) $1,400,000.00 $1,400,000.00 $2,800,000.00 3 16 CITY OF CHANHASSEN - 2023-2027 CAPITAL IMPROVEMENT PLAN - PROJECTS BY FUNDING SOURCE Funding Source Project Number Request Title FY2023 FY2024 FY2025 FY2026 FY2027 Total Total Streets - PMP MSA Funds $1,560,000.00 $1,400,000.00 $1,020,000.00 $1,620,000.00 $1,680,000.00 $7,280,000.00 Streets - TIF Funding ST-048 Streets - Market Blvd Improvements $2,100,000.00 $2,100,000.00 Total Streets - TIF Funding $0.00 $0.00 $2,100,000.00 $0.00 $0.00 $2,100,000.00 Streets - TIM Funds P-LAB Parks - Lake Ann Park Beach Improvements $90,000.00 $90,000.00 TIM-02 Streets - Trails & Parking Lot Pavement Management $80,000.00 $82,000.00 $84,000.00 $87,000.00 $90,000.00 $423,000.00 ST-047 Streets - ADA Transition Plan Improvements $40,000.00 $40,000.00 $40,000.00 $120,000.00 Total Streets - TIM Funds $120,000.00 $82,000.00 $124,000.00 $177,000.00 $130,000.00 $633,000.00 Technology Capital - Fund 400 T-177 IT - Finance Software Replacement $100,000.00 $100,000.00 $200,000.00 T-016 IT - BS&A Cloud-Hosted Service Migration $63,930.00 $63,930.00 T-015 IT - Computer/Network Equipment Purchase/Upgrades $16,000.00 $12,000.00 $96,000.00 $47,000.00 $28,000.00 $199,000.00 Total Technology Capital - Fund 400 $79,930.00 $12,000.00 $196,000.00 $147,000.00 $28,000.00 $462,930.00 Utility Assessments-Developer SS-024 Sewer - Lower Bluff Creek Trunk Utility Improvements $7,900,000.00 $7,900,000.00 SS-020 Sewer - Proposed 2010 MUSA Sanitary Sewer Lift Station $1,400,000.00 $1,400,000.00 Total Utility Assessments-Developer $0.00 $1,400,000.00 $0.00 $0.00 $7,900,000.00 $9,300,000.00 Utility Fund - SW Mgmt T-177 IT - Finance Software Replacement $20,000.00 $20,000.00 $40,000.00 SWMP-062 Equipment - Track Mats with Grappler Attachment $7,000.00 $7,000.00 SS-027 Sewer - Lift Station Access Improvements $50,000.00 $75,000.00 $125,000.00 F-100D Equipment - Compacting Attachment for Excavator $2,500.00 $2,500.00 MBPW-045 Facilities - Public Works Security Fencing & Access Control $47,000.00 $47,000.00 MBPW-043 Facilities - Public Works Fuel Tank Monitoring System Upgrade $3,500.00 $3,500.00 MBPW-042 Facilities - Public Works Fuel Island Canopy $50,000.00 $50,000.00 MBFire-047 Facilities - Fire Station 1 Improvements $25,000.00 $25,000.00 SWMP-061 Stormwater - Red Cedar Point Water Quality Improvements $200,000.00 $200,000.00 SWMP-059 Stormwater - Partnership Program $26,000.00 $27,000.00 $28,000.00 $29,000.00 $30,000.00 $140,000.00 SWMP-057 Stormwater - Downtown Water Reuse Project $50,000.00 $50,000.00 SWMP-048 Stormwater - Upper Riley Creek Channel Stabilization $600,000.00 $600,000.00 SWMP-046 Stormwater - Lotus Lake Channels & Outfall Improvements $50,000.00 $50,000.00 SWMP-032 Stormwater - Annual Stormwater Pond Improvements $150,000.00 $725,000.00 $750,000.00 $775,000.00 $800,000.00 $3,200,000.00 F-136 Vehicle #136 - Streets Broom Street Sweeper $350,000.00 $350,000.00 ST-051 Streets - MMSW Access Improvements $100,000.00 $100,000.00 ST-050 Streets - Crimson Bay Road/Dogwood Road Connection $100,000.00 $100,000.00 ST-049 Streets - Lake Drive East/Great Plains Improvements $100,000.00 $100,000.00 ST-048 Streets - Market Blvd Improvements $40,000.00 $40,000.00 ST-012-2027 Streets - 2027 Street Improvements $1,425,000.00 $1,425,000.00 ST-012-2026 Streets - 2026 Street Improvements $1,416,000.00 $1,416,000.00 ST-012-2025 Streets - 2025 Street Improvements $1,407,000.00 $1,407,000.00 ST-012-2024 Streets - 2024 Street Improvements $1,389,000.00 $1,389,000.00 ST-012-2023 Streets - 2023 Street Improvements $750,000.00 $750,000.00 F-397 Equipment - Trailer Mounted Vactor $50,000.00 $50,000.00 Total Utility Fund - SW Mgmt $2,211,500.00 $2,441,000.00 $2,417,000.00 $2,342,500.00 $2,255,000.00 $11,667,000.00 Utility Fund - Sewer F-306 Vehicle #306 - Utilities Light Duty Pickup $3,600.00 $3,600.00 $3,600.00 $3,600.00 $14,400.00 T-177 IT - Finance Software Replacement $40,000.00 $40,000.00 $80,000.00 P-LAB Parks - Lake Ann Park Beach Improvements $20,000.00 $20,000.00 F-316 Vehicle #316 - Utilities Light Duty Pickup $3,600.00 $3,600.00 $7,200.00 F-314 Vehicle #314 - Utilities Light Duty Pickup $3,600.00 $3,600.00 $3,600.00 $3,600.00 $14,400.00 F-307 Vehicle #307 - Utilities Compact SUV $3,600.00 $3,600.00 $3,600.00 $3,600.00 $3,950.00 $18,350.00 F-310 Vehicle #310 - Utilities Light Duty Pickup $3,600.00 $3,600.00 $3,600.00 $3,600.00 $14,400.00 4 17 CITY OF CHANHASSEN - 2023-2027 CAPITAL IMPROVEMENT PLAN - PROJECTS BY FUNDING SOURCE Funding Source Project Number Request Title FY2023 FY2024 FY2025 FY2026 FY2027 Total SWMP-062 Equipment - Track Mats with Grappler Attachment $7,000.00 $7,000.00 TUtil-041S Sewer - Fiber Connectivity $15,500.00 $16,000.00 $16,500.00 $17,000.00 $17,500.00 $82,500.00 SS-028 Sewer - Lift Station #3 Forcemain Replacement $130,000.00 $130,000.00 SS-027 Sewer - Lift Station Access Improvements $125,000.00 $125,000.00 $250,000.00 SS-024 Sewer - Lower Bluff Creek Trunk Utility Improvements $1,800,000.00 $1,800,000.00 SS-020 Sewer - Proposed 2010 MUSA Sanitary Sewer Lift Station $1,400,000.00 $1,400,000.00 SS-017 Sewer - Annual Sanitary Sewer Lift Station Rehabilitation $170,000.00 $150,000.00 $95,000.00 $100,000.00 $105,000.00 $620,000.00 SS-012 Sewer - Inflow and Infiltration Abatement $210,000.00 $220,000.00 $230,000.00 $240,000.00 $250,000.00 $1,150,000.00 F-100D Equipment - Compacting Attachment for Excavator $2,500.00 $2,500.00 F-100C Equipment - Breaker Bar Attachment $2,500.00 $2,500.00 MBPW-045 Facilities - Public Works Security Fencing & Access Control $47,000.00 $47,000.00 MBPW-043 Facilities - Public Works Fuel Tank Monitoring System Upgrade $3,500.00 $3,500.00 MBPW-042 Facilities - Public Works Fuel Island Canopy $50,000.00 $50,000.00 F-313 Vehicle #313 - Sewer Vactor/Jetting Truck $435,000.00 $435,000.00 F-308 Vehicle #308 - Utilities Light Duty Pickup $3,600.00 $3,600.00 $3,600.00 $3,600.00 $3,950.00 $18,350.00 F-305 Vehicle #305 - Utilities Light Duty Pickup $4,461.00 $4,461.00 $4,461.00 $4,461.00 $4,905.00 $22,749.00 F-303 Vehicle #303 - Utilities Light Duty Pickup $3,600.00 $3,600.00 $3,600.00 $3,600.00 $14,400.00 F-302 Vehicle #302 - Utilities Lift Station Service Truck $80,000.00 $80,000.00 ST-054 Streets - Pleasant View Road Reconstruction $200,000.00 $200,000.00 $400,000.00 ST-050 Streets - Crimson Bay Road/Dogwood Road Connection $200,000.00 $200,000.00 ST-049 Streets - Lake Drive East/Great Plains Improvements $50,000.00 $50,000.00 ST-048 Streets - Market Blvd Improvements $40,000.00 $40,000.00 ST-040 Streets - Galpin Blvd Imp (Hwy 5 N to City Limits) $125,000.00 $125,000.00 $250,000.00 ST-012-2027 Streets - 2027 Street Improvements $950,000.00 $950,000.00 ST-012-2026 Streets - 2026 Street Improvements $944,000.00 $944,000.00 ST-012-2025 Streets - 2025 Street Improvements $938,000.00 $938,000.00 ST-012-2024 Streets - 2024 Street Improvements $926,000.00 $926,000.00 ST-012-2023 Streets - 2023 Street Improvements $250,000.00 $250,000.00 F-397 Equipment - Trailer Mounted Vactor $50,000.00 $50,000.00 Total Utility Fund - Sewer $972,661.00 $3,318,061.00 $1,560,061.00 $1,643,161.00 $3,788,305.00 $11,282,249.00 Utility Fund - Surface Wtr P-LAB Parks - Lake Ann Park Beach Improvements $60,000.00 $60,000.00 Total Utility Fund - Surface Wtr $0.00 $0.00 $0.00 $60,000.00 $0.00 $60,000.00 Utility Fund - Water F-306 Vehicle #306 - Utilities Light Duty Pickup $3,600.00 $3,600.00 $3,600.00 $3,600.00 $14,400.00 T-177 IT - Finance Software Replacement $40,000.00 $40,000.00 $80,000.00 TUtil-041W Water - WTP Server & SCADA Replacement $70,000.00 $70,000.00 F-317 Vehicle #317 - Utilities Light Duty Pickup $7,200.00 $7,200.00 $14,400.00 F-315 Vehicle #315 - Utilities Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $21,600.00 F-316 Vehicle #316 - Utilities Light Duty Pickup $3,600.00 $3,600.00 $7,200.00 F-314 Vehicle #314 - Utilities Light Duty Pickup $3,600.00 $3,600.00 $3,600.00 $3,600.00 $14,400.00 F-307 Vehicle #307 - Utilities Compact SUV $3,600.00 $3,600.00 $3,600.00 $3,600.00 $3,950.00 $18,350.00 F-310 Vehicle #310 - Utilities Light Duty Pickup $3,600.00 $3,600.00 $3,600.00 $3,600.00 $14,400.00 SWMP-062 Equipment - Track Mats with Grappler Attachment $7,000.00 $7,000.00 SS-024 Sewer - Lower Bluff Creek Trunk Utility Improvements $1,100,000.00 $1,100,000.00 W-073 Water - EWTP Site Improvements $100,000.00 $100,000.00 W-072 Water - Pressure Reducing Valve Improvements $150,000.00 $150,000.00 W-069 Water - WTP Radon & Humidification Improvements $120,000.00 $120,000.00 W-068 Water - WTP Facility Deferred Maintenance $80,000.00 $82,000.00 $84,000.00 $86,000.00 $88,000.00 $420,000.00 W-065 Water - Trunk Watermain Maintenance $280,000.00 $290,000.00 $300,000.00 $870,000.00 W-059 Water - Proposed Well #16 $1,400,000.00 $1,400,000.00 W-046 Water - New 1 MG Water Tower $2,600,000.00 $2,600,000.00 F-100D Equipment - Compacting Attachment for Excavator $2,500.00 $2,500.00 5 18 CITY OF CHANHASSEN - 2023-2027 CAPITAL IMPROVEMENT PLAN - PROJECTS BY FUNDING SOURCE Funding Source Project Number Request Title FY2023 FY2024 FY2025 FY2026 FY2027 Total F-100C Equipment - Breaker Bar Attachment $2,500.00 $2,500.00 MBPW-045 Facilities - Public Works Security Fencing & Access Control $47,000.00 $47,000.00 MBPW-043 Facilities - Public Works Fuel Tank Monitoring System Upgrade $3,500.00 $3,500.00 MBPW-042 Facilities - Public Works Fuel Island Canopy $50,000.00 $50,000.00 SWMP-057 Stormwater - Downtown Water Reuse Project $50,000.00 $50,000.00 W-032 Water - Annual Well Rehabilitation $177,000.00 $110,000.00 $51,000.00 $124,000.00 $76,000.00 $538,000.00 TUtil-040W Water - Fiber Connectivity $15,500.00 $16,000.00 $16,500.00 $17,000.00 $17,500.00 $82,500.00 F-396 Equipment #396 - Mechanical Self-Propelled Floor Scrubber $28,900.00 $28,900.00 F-313 Vehicle #313 - Sewer Vactor/Jetting Truck $145,000.00 $145,000.00 F-308 Vehicle #308 - Utilities Light Duty Pickup $3,600.00 $3,600.00 $3,600.00 $3,600.00 $3,950.00 $18,350.00 F-305 Vehicle #305 - Utilities Light Duty Pickup $4,461.00 $4,461.00 $4,461.00 $4,461.00 $4,905.00 $22,749.00 F-303 Vehicle #303 - Utilities Light Duty Pickup $3,600.00 $3,600.00 $3,600.00 $3,600.00 $14,400.00 F-302 Vehicle #302 - Utilities Lift Station Service Truck $80,000.00 $80,000.00 ST-054 Streets - Pleasant View Road Reconstruction $800,000.00 $800,000.00 $1,600,000.00 ST-050 Streets - Crimson Bay Road/Dogwood Road Connection $200,000.00 $200,000.00 ST-049 Streets - Lake Drive East/Great Plains Improvements $50,000.00 $50,000.00 ST-048 Streets - Market Blvd Improvements $120,000.00 $120,000.00 ST-040 Streets - Galpin Blvd Imp (Hwy 5 N to City Limits) $275,000.00 $275,000.00 $550,000.00 ST-012-2027 Streets - 2027 Street Improvements $1,900,000.00 $1,900,000.00 ST-012-2026 Streets - 2026 Street Improvements $1,888,000.00 $1,888,000.00 ST-012-2025 Streets - 2025 Street Improvements $1,876,000.00 $1,876,000.00 ST-012-2024 Streets - 2024 Street Improvements $1,852,000.00 $1,852,000.00 ST-012-2023 Streets - 2023 Street Improvements $700,000.00 $700,000.00 Total Utility Fund - Water $1,709,661.00 $2,691,061.00 $2,600,261.00 $3,370,461.00 $8,471,705.00 $18,843,149.00 Total Funding Sources $17,083,327.00 $25,049,479.00 $17,422,879.00 $16,641,494.00 $31,334,480.00 $107,531,659.00 6 19 CITY OF CHANHASSEN - 2023-2027 CAPITAL IMPROVEMENT PLAN - PROJECTS BY TYPE Type Project Number Request Title FY2023 FY2024 FY2025 FY2026 FY2027 Total Building and Facilities PR-2023R Facilities - Lake Ann Park Roof Replacements $150,000.00 $150,000.00 PS-001 Facilities - Civil Defense Siren Maintenance $45,000.00 $12,000.00 $12,500.00 $13,000.00 $13,500.00 $96,000.00 MBRec-141 Facilities - Rec Center/Bluff Creek Gym Wall $50,000.00 $50,000.00 MBRec-140 Facilities - Recreation Center Revitalization Project $25,000.00 $25,000.00 $50,000.00 MBPW-061 Facilities - Public Works Boiler Replacement $35,000.00 $35,000.00 MBPW-060 Facilities - Public Works Anti-Icing Tank $12,000.00 $12,000.00 MBPW-045 Facilities - Public Works Security Fencing & Access Control $235,000.00 $235,000.00 MBPW-044 Facilities - Public Works Salt Shed Canvas Cover Replacement $25,000.00 $25,000.00 MBPW-043 Facilities - Public Works Fuel Tank Monitoring System Upgrade $17,500.00 $17,500.00 MBPW-042 Facilities - Public Works Fuel Island Canopy $250,000.00 $250,000.00 MBPrk-001 Facilities - Lake Ann Park Shed Radiant Heating Unit Replacements $40,000.00 $40,000.00 MBLib-001 Facilities - Library Boiler Replacements $90,000.00 $90,000.00 MBFire-048 Facilities - Fire Station 1 Furnace Replacement $40,000.00 $40,000.00 MBFire-047 Facilities - Fire Station 1 Improvements $150,000.00 $150,000.00 MBCH-033 Facilities - City Hall Roof Replacement $300,000.00 $300,000.00 MB-048 Facilities - Deferred Maintenance Allowance for City Facilities $15,000.00 $25,000.00 $50,000.00 $75,000.00 $100,000.00 $265,000.00 Total Building and Facilities $414,500.00 $662,000.00 $322,500.00 $218,000.00 $188,500.00 $1,805,500.00 Computer Software T-177 IT - Finance Software Replacement $200,000.00 $200,000.00 $400,000.00 T-016 IT - BS&A Cloud-Hosted Service Migration $63,930.00 $63,930.00 Total Computer Software $63,930.00 $0.00 $200,000.00 $200,000.00 $0.00 $463,930.00 Other Equipment T-015 IT - Computer/Network Equipment Purchase/Upgrades $16,000.00 $12,000.00 $96,000.00 $47,000.00 $28,000.00 $199,000.00 T-026 IT - Audio/Visual Equipment $10,000.00 $10,000.00 $10,000.00 $30,000.00 SWMP-062 Equipment - Track Mats with Grappler Attachment $28,000.00 $28,000.00 F-137 Equipment - Compressor Replacement $32,000.00 $32,000.00 F-100E Equipment - Leased Vehicle Appurtenances $12,000.00 $12,500.00 $13,000.00 $13,500.00 $14,000.00 $65,000.00 F-100D Equipment - Compacting Attachment for Excavator $15,000.00 $15,000.00 F-100C Equipment - Breaker Bar Attachment $10,000.00 $10,000.00 F-100B Equipment - Portable Message Boards $40,000.00 $40,000.00 F-492 Equipment - Ballfield Painter/Striper $31,000.00 $31,000.00 F-470 Equipment #470 - Parks Mechanical Floor Sweeper $50,000.00 $50,000.00 F-493 Equipment #486 - Parks Weed Sprayer $10,000.00 $10,000.00 F-432 Equipment - Perkins Satellite Lifter System $30,000.00 $30,000.00 F-396 Equipment #396 - Mechanical Self-Propelled Floor Scrubber $28,900.00 $28,900.00 F-158 Equipment - Asphalt Hot Box $50,000.00 $50,000.00 F-397 Equipment - Trailer Mounted Vactor $150,000.00 $150,000.00 Total Other Equipment $306,000.00 $74,500.00 $160,000.00 $136,400.00 $92,000.00 $768,900.00 Other Improvements PR-2027 Parks - Lake Ann Park Irrigation Pumps $30,000.00 $30,000.00 TUtil-041W Water - WTP Server & SCADA Replacement $70,000.00 $70,000.00 CEM-001 Cemetery - Driveway Improvements $25,000.00 $25,000.00 P-LAB Parks - Lake Ann Park Beach Improvements $350,000.00 $350,000.00 TUtil-040W Water - Fiber Connectivity $15,500.00 $16,000.00 $16,500.00 $17,000.00 $17,500.00 $82,500.00 TIM-02 Streets - Trails & Parking Lot Pavement Management $80,000.00 $82,000.00 $84,000.00 $87,000.00 $90,000.00 $423,000.00 ST-047 Streets - ADA Transition Plan Improvements $40,000.00 $40,000.00 $40,000.00 $120,000.00 Total Other Improvements $230,500.00 $98,000.00 $140,500.00 $454,000.00 $177,500.00 $1,100,500.00 Street Construction/Reconstruction ST-054 Streets - Pleasant View Road Reconstruction $3,200,000.00 $3,800,000.00 $7,000,000.00 ST-052 Streets - Bluff Creek Boulevard Extension $450,000.00 $90,000.00 $90,000.00 $90,000.00 $90,000.00 $810,000.00 ST-051 Streets - MMSW Access Improvements $2,800,000.00 $2,800,000.00 ST-050 Streets - Crimson Bay Road/Dogwood Road Connection $1,500,000.00 $1,500,000.00 ST-049 Streets - Lake Drive East/Great Plains Improvements $700,000.00 $700,000.00 ST-048 Streets - Market Blvd Improvements $4,000,000.00 $4,000,000.00 ST-043 Streets - Downtown Traffic Signals $320,000.00 $200,000.00 $520,000.00 ST-042 Streets - TH 41 and 82nd Street Signal $160,000.00 $160,000.00 4 20 CITY OF CHANHASSEN - 2023-2027 CAPITAL IMPROVEMENT PLAN - PROJECTS BY TYPE Type Project Number Request Title FY2023 FY2024 FY2025 FY2026 FY2027 Total ST-040 Streets - Galpin Blvd Imp (Hwy 5 N to City Limits) $5,300,000.00 $5,300,000.00 $10,600,000.00 ST-012-2027 Streets - 2027 Street Improvements $9,025,000.00 $9,025,000.00 ST-012-2026 Streets - 2026 Street Improvements $8,968,000.00 $8,968,000.00 ST-012-2025 Streets - 2025 Street Improvements $8,911,000.00 $8,911,000.00 ST-012-2024 Streets - 2024 Street Improvements $8,827,000.00 $8,827,000.00 ST-012-2023 Streets - 2023 Street Improvements $6,330,000.00 $6,330,000.00 Total Street Construction/Reconstruction $12,240,000.00 $18,837,000.00 $13,201,000.00 $12,958,000.00 $12,915,000.00 $70,151,000.00 Vehicles and Wheeled Equipment F-306 Vehicle #306 - Utilities Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $7,200.00 $28,800.00 F-414 Vehicle #414 - Parks Light Duty Pickup $7,215.00 $7,215.00 $7,215.00 $7,215.00 $7,940.00 $36,800.00 F-002 Vehicle #002 - Facilities Maintenance Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,900.00 $36,700.00 F-001 Vehicle #001 - Administration Compact SUV $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,920.00 $36,720.00 F-197 Equipment #197 - Parks Mower $15,000.00 $15,000.00 F-141 Equipment #141 - Parks Tractor $104,300.00 $104,300.00 F-01F Trailer #1F - 15,000 lbs Tandem Axle $10,000.00 $10,000.00 F-317 Vehicle #317 - Utilities Light Duty Pickup $7,200.00 $7,200.00 $14,400.00 F-315 Vehicle #315 - Utilities Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $21,600.00 F-316 Vehicle #316 - Utilities Light Duty Pickup $7,200.00 $7,200.00 $14,400.00 F-314 Vehicle #314 - Utilities Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $7,200.00 $28,800.00 F-307 Vehicle #307 - Utilities Compact SUV $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,900.00 $36,700.00 F-310 Vehicle #310 - Utilities Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $7,200.00 $28,800.00 F-802 Vehicle #802 - Community Development Minivan $10,200.00 $10,200.00 $10,200.00 $10,200.00 $11,300.00 $52,100.00 F-702 Vehicle #702- Public Safety Light Duty Pickup $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,900.00 $45,900.00 F-612 Vehicle #503 - Engineering Light Duty Pickup $8,700.00 $8,700.00 $8,700.00 $8,700.00 $9,600.00 $44,400.00 F-611 Vehicle #611 - Bldg Inspections Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,900.00 $36,700.00 F-607 Vehicle #607 - Bldg Inspections Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,900.00 $36,700.00 F-604 Vehicle #604 - Bldg Inspections Light Duty Pickup $8,700.00 $8,700.00 $8,700.00 $9,600.00 $35,700.00 F-603 Vehicle #603 - Bldg Inspections Light Duty Pickup $8,700.00 $8,700.00 $8,700.00 $8,700.00 $9,600.00 $44,400.00 F-602 Vehicle #602- Bldg Inspections Compact SUV $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,900.00 $36,700.00 F-502 Vehicle #502 - Engineering Compact SUV $8,400.00 $8,400.00 $8,400.00 $8,400.00 $9,200.00 $42,800.00 F-501 Vehicle #501 - Engineering Light Duty Pickup $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,900.00 $45,900.00 F-430 Vehicle #430 - Parks Compact SUV $7,200.00 $7,200.00 $7,200.00 $7,200.00 $28,800.00 F-421 Vehicle #421 - Parks Light Duty Pickup $7,200.00 $7,200.00 $14,400.00 F-420 Vehicle #420 - Parks Light Duty Pickup $7,215.00 $7,215.00 $7,215.00 $7,215.00 $7,940.00 $36,800.00 F-419 Vehicle #419 - Parks Light Duty Pickup $7,215.00 $7,215.00 $7,215.00 $7,215.00 $7,940.00 $36,800.00 F-416 Vehicle #416 - Parks Light Duty Pickup $7,215.00 $7,215.00 $7,215.00 $7,215.00 $7,940.00 $36,800.00 F-411 Vehicle #411 - Parks Light Duty Pickup $7,215.00 $7,215.00 $7,215.00 $7,215.00 $7,940.00 $36,800.00 F-410 Vehicle #410 - Parks Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $7,200.00 $28,800.00 F-409 Vehicle #409 - Parks Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $7,200.00 $28,800.00 F-408 Vehicle #408 - Parks Light Duty Pickup $7,215.00 $7,215.00 $7,215.00 $7,215.00 $7,940.00 $36,800.00 F-221 Vehicle #221 - Fire Response Pickup $8,922.00 $8,922.00 $8,922.00 $8,922.00 $9,810.00 $45,498.00 F-214 Vehicle #214 - Fire Response Grass Rig $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $50,000.00 F-404 Vehicle #404 - Parks Light Duty Pickup $7,200.00 $7,200.00 $14,400.00 F-407 Vehicle #407 - Parks Light Duty Pickup $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,900.00 $45,900.00 F-405 Vehicle #405 - Parks Light Duty Pickup $7,800.00 $7,800.00 $7,800.00 $7,800.00 $8,580.00 $39,780.00 F-403 Vehicle #403 - Parks Light Duty Pickup $7,215.00 $7,215.00 $7,215.00 $7,215.00 $7,940.00 $36,800.00 F-401 Vehicle #401 - Parks Light Duty Pickup $7,215.00 $7,215.00 $7,215.00 $7,215.00 $7,940.00 $36,800.00 F-402 Vehicle #402 - Parks Light Duty Pickup $7,215.00 $7,215.00 $7,215.00 $7,215.00 $7,940.00 $36,800.00 F-207 Vehicle #207 - Fire Response Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $7,200.00 $28,800.00 F-206 Vehicle #206 - Fire Response SUV $10,291.00 $10,291.00 $10,291.00 $11,320.00 $42,193.00 F-205 Vehicle #205 - Fire Response SUV $10,291.00 $10,291.00 $10,291.00 $11,320.00 $42,193.00 F-204 Vehicle #204 - Fire Response SUV $10,291.00 $10,291.00 $10,291.00 $10,291.00 $11,320.00 $52,484.00 F-201 Vehicle #201 - Fire Response SUV $10,291.00 $10,291.00 $10,291.00 $10,291.00 $11,320.00 $52,484.00 F-202 Vehicle #202 - Fire Response SUV $10,291.00 $10,291.00 $10,291.00 $10,291.00 $11,320.00 $52,484.00 F-161 Vehicle #161 - Shop Light Duty Pickup $7,800.00 $7,800.00 $8,580.00 $24,180.00 F-156 Vehicle #156 - Shop Van $10,200.00 $10,200.00 $10,200.00 $10,200.00 $11,300.00 $52,100.00 4 21 CITY OF CHANHASSEN - 2023-2027 CAPITAL IMPROVEMENT PLAN - PROJECTS BY TYPE Type Project Number Request Title FY2023 FY2024 FY2025 FY2026 FY2027 Total F-155 Vehicle #155 - Shop Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,900.00 $36,700.00 F-134 Vehicle #134 - Streets Light Duty Pickup $7,215.00 $7,215.00 $7,215.00 $7,215.00 $7,940.00 $36,800.00 F-135 Vehicle #135 - Streets Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $7,200.00 $28,800.00 F-151 Vehicle #151 - Shop Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,900.00 $36,700.00 F-133 Vehicle #133 - Streets Light Duty Pickup $7,800.00 $7,800.00 $8,580.00 $24,180.00 F-132 Vehicle #132 - Streets Light Duty Pickup $7,215.00 $7,215.00 $7,215.00 $7,215.00 $7,940.00 $36,800.00 F-131 Vehicle #131 - Streets Light Duty Pickup $7,215.00 $7,215.00 $7,215.00 $7,215.00 $7,940.00 $36,800.00 F-140 Vehicle #140 - Streets Light Duty Pickup $7,215.00 $7,940.00 $15,155.00 F-101 Vehicle #101 - Streets Light Duty Pickup $7,800.00 $7,800.00 $7,800.00 $7,800.00 $8,580.00 $39,780.00 F-Skid Equipment - Annual Skid Loader Trade-in $32,000.00 $33,000.00 $34,000.00 $35,000.00 $36,000.00 $170,000.00 F-487 Equipment #487 - Parks Polar Track $44,600.00 $44,600.00 F-476 Equipment #476 - Parks Utility Vehicle $35,000.00 $35,000.00 F-474 Equipment #474 - Parks Tractor $95,000.00 $95,000.00 F-473 Equipment #473 - Parks Tractor $43,000.00 $43,000.00 F-472 Equipment #472 - Parks Tractor $22,000.00 $22,000.00 F-471 Equipment #471 - Parks Tractor $90,000.00 $90,000.00 F-456 Equipment #456 - Parks Mower $83,000.00 $83,000.00 F-452 Equipment #452 - Parks Mower $127,000.00 $127,000.00 F-451 Equipment #451 - Parks Mower $87,000.00 $87,000.00 F-450 Equipment #450 - Parks Mower $117,000.00 $117,000.00 F-431 Vehicle #431 - Parks Garbage Collection Truck $47,000.00 $47,000.00 F-406 Vehicle #406 - Parks 1-Ton Dump Pickup $95,000.00 $95,000.00 F-232 Equipment #232 - Fire Response Boat $23,500.00 $23,500.00 F-313 Vehicle #313 - Sewer Vactor/Jetting Truck $580,000.00 $580,000.00 F-308 Vehicle #308 - Utilities Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,900.00 $36,700.00 F-305 Vehicle #305 - Utilities Light Duty Pickup $8,922.00 $8,922.00 $8,922.00 $8,922.00 $9,810.00 $45,498.00 F-303 Vehicle #303 - Utilities Light Duty Pickup $7,200.00 $7,200.00 $7,200.00 $7,200.00 $28,800.00 F-302 Vehicle #302 - Utilities Lift Station Service Truck $160,000.00 $160,000.00 F-136 Vehicle #136 - Streets Broom Street Sweeper $350,000.00 $350,000.00 F-142 Equipment - Snowblower Attachment for Loader $154,500.00 $154,500.00 F-128 Vehicle #128 - Streets Dump/Plow Truck $255,000.00 $255,000.00 F-105 Vehicle #105 - Streets Dump/Plow Truck $300,000.00 $300,000.00 F-104 Vehicle #104 - Streets Dump/Plow Truck $340,000.00 $340,000.00 F-103 Vehicle #103 - Streets Dump/Plow Truck $330,000.00 $330,000.00 F-102 Vehicle #102 - Streets Dump/Plow Truck $270,000.00 $270,000.00 F-01G Trailer #1G - 60 Ton Tri Axle $50,000.00 $50,000.00 F-01B Trailer #1B - 25,000 lbs Tandem Axle $18,000.00 $18,000.00 F-01A Trailer #1A - 15,000 lbs Tandem Axle $10,000.00 $10,000.00 Total Vehicles and Wheeled Equipment $1,199,897.00 $1,047,979.00 $1,314,379.00 $1,014,094.00 $1,494,980.00 $6,071,329.00 Water, Sewer, and Surface Water Improvements TUtil-041S Sewer - Fiber Connectivity $15,500.00 $16,000.00 $16,500.00 $17,000.00 $17,500.00 $82,500.00 SS-028 Sewer - Lift Station #3 Forcemain Replacement $130,000.00 $130,000.00 SS-027 Sewer - Lift Station Access Improvements $200,000.00 $200,000.00 $400,000.00 SS-024 Sewer - Lower Bluff Creek Trunk Utility Improvements $10,800,000.00 $10,800,000.00 SS-020 Sewer - Proposed 2010 MUSA Sanitary Sewer Lift Station $2,800,000.00 $2,800,000.00 SS-017 Sewer - Annual Sanitary Sewer Lift Station Rehabilitation $170,000.00 $150,000.00 $95,000.00 $100,000.00 $105,000.00 $620,000.00 SS-012 Sewer - Inflow and Infiltration Abatement $210,000.00 $220,000.00 $230,000.00 $240,000.00 $250,000.00 $1,150,000.00 W-073 Water - EWTP Site Improvements $100,000.00 $100,000.00 W-072 Water - Pressure Reducing Valve Improvements $150,000.00 $150,000.00 W-069 Water - WTP Radon & Humidification Improvements $120,000.00 $120,000.00 W-068 Water - WTP Facility Deferred Maintenance $80,000.00 $82,000.00 $84,000.00 $86,000.00 $88,000.00 $420,000.00 W-065 Water - Trunk Watermain Maintenance $280,000.00 $290,000.00 $300,000.00 $870,000.00 W-059 Water - Proposed Well #16 $1,400,000.00 $1,400,000.00 W-046 Water - New 1 MG Water Tower $2,600,000.00 $2,600,000.00 SWMP-061 Stormwater - Red Cedar Point Water Quality Improvements $200,000.00 $200,000.00 SWMP-059 Stormwater - Partnership Program $26,000.00 $27,000.00 $28,000.00 $29,000.00 $30,000.00 $140,000.00 4 22 CITY OF CHANHASSEN - 2023-2027 CAPITAL IMPROVEMENT PLAN - PROJECTS BY TYPE Type Project Number Request Title FY2023 FY2024 FY2025 FY2026 FY2027 Total SWMP-057 Stormwater - Downtown Water Reuse Project $350,000.00 $350,000.00 SWMP-048 Stormwater - Upper Riley Creek Channel Stabilization $600,000.00 $600,000.00 SWMP-046 Stormwater - Lotus Lake Channels & Outfall Improvements $500,000.00 $500,000.00 SWMP-032 Stormwater - Annual Stormwater Pond Improvements $150,000.00 $725,000.00 $750,000.00 $775,000.00 $800,000.00 $3,200,000.00 W-032 Water - Annual Well Rehabilitation $177,000.00 $110,000.00 $51,000.00 $124,000.00 $76,000.00 $538,000.00 Total Water, Sewer, and Surface Water Improvements $2,628,500.00 $4,330,000.00 $2,084,500.00 $1,661,000.00 $16,466,500.00 $27,170,500.00 Total Project Types $17,083,327.00 $25,049,479.00 $17,422,879.00 $16,641,494.00 $31,334,480.00 $107,531,659.00 4 23 City Council Item November 14, 2022 Item Financial Policies Discussion File No.Item No: A.2 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Kelly Grinnell, Finance Director Reviewed By Laurie Hokkanen SUGGESTED ACTION Discussion Motion Type N/A Strategic Priority Financial Sustainability SUMMARY BACKGROUND The City Council has adopted several financial policies over the years. Staff recommends consolidating the policies into one document to make it easier to find the information (see attached draft). Staff expects to present recommended updates to the policy document at least annually. The proposed Financial Management Policies document incorporates existing policies plus several new policies. The Revenue Management Policy establishes broad goals for the City’s two major revenue sources: property taxes and user fees/harges. The Operating Budget Policy covers goals for setting annual City budgets and includes guidance on balanced budgets, basis of budgeting, and the legal level of budgetary control. 24 The Reserves Policy defines fund balance classification, authorization/use of fund balance, and sets guidelines for fund types. The Cash and Investments Policy incorporates state statute and City guidelines for investment of City funds. The primary objectives, in order of priority, are safety, liquidity, and yield. One of the recommendations from the current policy is to allow for up to 20% of the total portfolio to be invested long term (i.e. greater than 5 years). The Public Purpose Expenditure Policy provides guidelines for permitted expenditures in various categories. The Purchasing Policy provides guidance for approvals needed for various amounts, prompt payment of bills, disposal of surplus property and other items. The Accounts Payable and EFT Payments Policy establishes financial controls and management procedures for all payments. Its purpose is to ensure that payments are initiated, executed, and handled in a secure manner and that adequate banking controls are maintained. The Capital Improvement Policy (CIP) provides guidance on the CIP development and approval process. The Capital Assets Policy sets capitalization thresholds, valuation methodology, and depreciation recommendations. The Debt Management Policy covers conditions for the issuance of debt, including financial limitations. The existing policy has a limit of $1,000 on direct debt per capita. This amount was established in the 1990s and has not been increased for inflation. Staff recommends this increase to $2,000. This will provide needed flexibility in the event the City issues bonds for a large project, such as a new City Hall Campus. The current policy also has a maximum debt term of 25 years. Staff recommends an increase to 30 years to provide more flexibility for upcoming debt issuance. The Post-Issuance Compliance Policy provides guidance to ensure compliance with federal requirements to maintain tax-exempt bond status. It covers record retention, arbitrage, and continuing disclosure requirements. The Conduit Debt Policy establishes criteria for the City to consider when conduit debt issuance is requested. It is typical for cities to establish a fee for conduit debt. The proposed policy establishes a nonrefundable processing fee of $2,500 and an administrative fee of 0.50% of par on the first $20,000,000 and 0.10% of par above that. The City would also be reimbursed for any out-of-pocket costs. The Policies and Procedures for Federal Awards Administration is needed since the City receives federal awards and grants periodically and there are several requirements on the use and reporting of these awards. The Elected Officials Out-of-State Travel Policy is a required policy per Minnesota Statutes § 471.661. Staff does not recommend any changes to the existing policy. The goal for the workshop is to provide a broad overview of the policies, highlight the changes, and get 25 Council input for the next draft. Staff’s goal is to bring the policies back for adoption in December. DISCUSSION BUDGET RECOMMENDATION Staff requests feedback for possible adoption in December. ATTACHMENTS Financial Management Policies Draft 26 Staf CITY OF CHANHASSEN Financial Management Policies Adopted by the Chanhassen City Council Xx/xx/xxxx 27 City of Chanhassen Financial Management Policies 1 | P a g e Table of Contents FINANCIAL MANAGEMENT POLICIES 2 REVENUE MANAGEMENT POLICY 3 CASH AND INVESTMENTS POLICY 6 RESERVES POLICY 8 OPERATING BUDGET POLICY 6 ACCOUNTS PAYABLE AND EFT PAYMENTS POLICY 15 CAPITAL IMPROVEMENT PLAN POLICY 28 DEBT MANAGEMENT POLICY 30 CONDUIT DEBT POLICY 40 POST-ISSUANCE COMPLIANCE POLICY FOR TAX-EXEMPT BONDS 35 PUBLIC PURPOSE EXPENDITURE POLICY 15 CAPITAL ASSETS POLICY 30 PURCHASING POLICY 18 POLICIES AND PROCEDURES FOR FEDERAL AWARDS ADMINISTRATION 43 ELECTED OFFICIALS OUT-OF-STATE TRAVEL POLICY 61 28 City of Chanhassen Financial Management Policies 2 | P a g e FINANCIAL MANAGEMENT POLICIES OVERVIEW The City of Chanhassen has an important responsibility to its citizens to plan the adequate funding of services desired by the public, to manage the municipal finances wisely, and to carefully account for public funds. The City strives to ensure that it is capable of adequately funding and providing local government services needed by the community. The City will maintain or improve its infrastructure on a systematic basis to ensure the maintenance of quality neighborhoods for its citizens. To achieve these goals, this plan has the following objectives for the City’s fiscal performance: 1. To be proactive, rather than reactive, in the City’s policy-making efforts to ensure that important decisions are not controlled by financial problems or emergencies. 2. To enhance the City’s Council’s policy-making ability by providing accurate financial information related to the various authority or service levels provided by the City. 3. To assist in sound management of the City government by providing accurate and timely information on financial condition. 4. To provide sound principles to guide the City Council with decisions that will have significant financial impact on the City. 5. To set forth operational principles that minimize the cost of local government, to the extent consistent with services desired by the public and minimize financial risk. 6. To utilize revenue policies and forecasting tools to prevent undue or unbalanced reliance on certain revenues, especially property taxes, and that also distribute the cost of municipal services fairly and provide adequate funds to operate desired programs. 7. To provide essential public facilities and prevent deterioration of the City’s infrastructure and various facilities. 8. To protect and enhance the City’s credit rating and prevent default on municipal debts. 9. To ensure the legal use and protection of City funds through a good system of financial and accounting controls. 10. To record expenditures in a manner that allocates to current taxpayers or users the full cost of providing current services. 11. To adopt a balanced budget in the General Fund that will ensure an adequate, stable fund balance. To achieve these objectives the following fiscal policies have been adopted by the City Council to guide the City’s budgeting and financial planning process. Each fiscal policy section includes a statement of purpose and a description of the policy. 29 City of Chanhassen Financial Management Policies 3 | P a g e REVENUE MANAGEMENT POLICY It is essential to responsibly manage the City’s revenue sources to provide maximum service value to the community. The most important revenue policy guidelines established by the City Council are for the two major sources of City revenue: property taxes and fees/charges. A. Purpose The purpose of the is policy is to establish broad goals to assist the City in managing its revenue. These goals will consider diversification and stabilization, equity, economic development, and collections. 1) Diversification The City will strive to maintain a diversified revenue base to prevent fluctuations in revenue. Property taxes add stability to the revenue base but should not be the sole source of revenue. When possible, the City will seek our new sources of revenue to diversify the tax base. This could include long-term solutions, such as franchise fees or additional fees or charges. Short-term solutions should also be considered, such as a one-time sale of assets. 2) Equity The City will strive to ensure that funding is derived from a fair, equitable, and adequate resource base. Services having a citywide benefit shall be financed with revenue sources generated from a broad base, such as property taxes and state aids. Services where the customer determines the use should be financed with user fees, charges, and assessments related to the level of service provided. 3) Economic Development The City’s revenue sources should not unduly reduce the City’s economic competitiveness or negatively impact individual choices in the local economy. The City’s overall revenue structure should be designed to recapture some of the financial benefits resulting from economic and community development investments. The City will strive to keep a total revenue mix that encourages growth and keeps the City economically competitive. 4) Collections City staff should engage in vigilant collections of outstanding balances due to the City. However, the cost of collections should not exceed the marginal extra revenue obtained or absorb a large percentage of the amount collected. City staff may write off accounts receivable in amounts of $100.00 or less without Council approval. B. Property Taxes When possible, property tax increases should accommodate incremental adjustments versus large changes from year to year. Further, when discussing property taxes, the City should simultaneously explore other revenue and expenditure alternatives that will maximize the City’s future financial flexibility and ability to provide services. This may include considering options such as debt management, fees and charges, cost allocation, use of reserves, and expenditure cuts. Possible factors for considering an increase in property tax include:  Maintenance of City services  Long-term protection of the City’s infrastructure  Meeting legal mandates imposed by outside agencies  Maintaining adequate fund balance and reserve funds sufficient to maintain or improve the City’s bond rating 30 City of Chanhassen Financial Management Policies 4 | P a g e  Funding City development and redevelopment projects that will clearly result in future tax base increases (the expenditures of development and redevelopment funds must be in accordance with a defined strategy as shown in the City’s Comprehensive Plan, Capital Improvement Plan, or other City documents) Property tax increases to meet other purposes will be based on the following criteria:  A clear expression of community need  The existence of community partnerships willing to share resources C. Service Fees and Charges The City will consider service fees and charges whenever appropriate for the purposes of keeping the property tax rate at a minimum and to fairly allocate the full cost of services to the users of those services. Service fees and charges broaden the base to include tax exempt properties, which still have municipal costs associated with the property. Specifically, the City may:  Establish utility rates sufficient to fund both the operating costs and the long-term depreciation and replacement of the utility systems  As part of the City’s enterprise effort, evaluate City services and pursue actions to accomplish the following:  Find community-based partners to share in service delivery  Make services financially self-supporting or, in certain circumstances, profitable  Annually review City services and identify those for which charging user fees are appropriate  These services will be identified as enterprise services and a process for establishing fees will be set for each  Part of this process may include a market analysis that compares City fees to comparable market cities or other service providers  Waive or offer reduced fees to youth, seniors, community service groups, and other special population groups identified by the Council as requiring preferential consideration based on policy goals Selected criteria are used to determine the specific rate to charge for a fee or service. The approach for establishing the rate criteria is determined by the policy relating to the fee in the City policies and procedures manual. The rate criteria can be one of five approaches:  Market Comparison – Attempt to set fees in the upper quartile of the market  Maximum set by External Source – Fees set by legislation or another entity  Entrepreneurial Approach – Fees will be at the top of the market  Recover the Cost of Service – Program will be self-supporting  Utility Fees – A rate study will be updated or reviewed annually D. Non-recurring and Volatile Revenues Non-recurring revenues should be directed towards one-time uses and should not be relied on to fund ongoing programs. Several one-time revenue sources, such as intergovernmental grants or aids and insurance dividends are outside of direct City control and must be relied upon conservatively. The City Manager and Finance Director shall ensure that the budget preparation process includes an evaluation of all major non-recurring revenues, to minimize reliance on unpredictable revenues for on-going operating costs. Volatile revenues, such as court fines, interest earnings, and building permits can produce undependable yields and should not be heavily depended on to fund ongoing programs. High yields from these sources should be treated like non-recurring revenues. Revenues can be considered volatile if they vary by more than 10% from budgetary estimates. 31 City of Chanhassen Financial Management Policies 5 | P a g e 32 City of Chanhassen Financial Management Policies 6 | P a g e OPERATING BUDGET POLICY A. Purpose The operating budget is the annual financial plan for funding the costs of City services and programs. The operating budget will describe the goals to be achieved and the services and programs to be delivered for the level of funding. The general operating budget includes the General Fund, Special Revenue Funds, and Capital Funds. Enterprise operations are budgeted in separate Water, Sewer, and Surface Water funds. B. Balanced Budget The City Manager shall submit a balanced budget for the General Fund in which appropriations shall not exceed the total of the estimated revenues and available fund balance. A balanced budget is defined as a budget in which current revenues plus net operating transfers and one-time use of excess reserves will be sufficient to support budgeted expenditures. One-time reserves or use of excess reserves will not be used to fund ongoing expenditures. One-time funding sources shall only be used to fund capital improvements, equipment, one-time expenditures, or to improve fund balance. The City will provide for all current expenditures with current revenues. The City will avoid all budgetary procedures that balance current expenditures at the expense of meeting future years’ budget needs, such as postponing expenditures, rolling over short-term debt, or using reserves to balance the operating budget. C. Budget Period The City’s budget year is the calendar year. The City legally adopts an annual budget for the General Fund. Budgets for Special Revenue Funds, Debt Service Funds, Capital Project Funds, and Enterprise Funds are adopted for management purposes only. D. Basis of Budgeting The modified accrual basis will be used for all the Governmental Funds in the budget. The City uses the accrual basis of accounting for enterprise fund reporting. Under this basis, the receipt of bond proceeds, capital outlays, and debt service principal payments are not reported, but allocations for depreciation and amortization expense are recorded. However, when budgeting for enterprise funds the opposite is true so as to improve cash flow forecasting. E. Level of Control, Budget Transfer and Amendment Process The legal level of budgetary control is at the fund level, so any transfer of budget between funds (fund level) requires approval of the City Council. Department heads may make transfers of budget within their department (object level). However, budget transfers between departments (department level) requires authorization of the City Manager. Department heads must complete a budget transfer request form for any budget transfer. The following information is to be provided on the form: budget transfer amount, accounts involved, purpose, justification, date approved by department head, and department head signature. This form is submitted to the Finance Director for approval and if necessary routed to the City Manager and/or City Council. City Council approval is required for any overall increase or decrease in the operating budget. F. Long-Term Financial Forecasts The City Manager will coordinate the development of a five-year capital improvement plan budget and five-year outlook with the development of the operating budget. Operating costs associated with new capital improvements will be projected and included in future operating budget forecasts. The budget will provide for adequate maintenance of the capital plant and equipment, and for their orderly replacement. The impact on the 33 City of Chanhassen Financial Management Policies 7 | P a g e operating budget from any new programs or activities being proposed should be minimized by providing funding with newly created revenues whenever possible. G. Revenues in Excess of Budget Excess revenues from a specific fiscal year will be placed into the City’s reserves in a manner consistent with the City’s fund balance reserve policy. H. Encumbrances and Budget Carryovers All unencumbered appropriations for the City’s operating budget lapse at year-end. Amounts reserved for encumbrances are classified as assigned fund balance. Budget carryovers from a prior fiscal year must be approved by the City Manager and Finance Director and will be set aside as assigned fund balance. I. Performance Measurement The City Manager will ensure that a budgetary control system is in place to adhere to the adopted budget. The Finance Department will provide regular monthly reports comparing actual revenues and expenditures to budgeted amounts. The City’s annual budget shall be made available to citizens and the public upon request and available on the City’s website. The City shall maintain transparency and accountability of its financial resources and assets. 34 City of Chanhassen Financial Management Policies 8 | P a g e RESERVES POLICY A. Purpose It is important for the financial stability of the City to maintain reserves for unanticipated expenditures or unforeseen emergencies, as well as to provide adequate working capital for current operating needs to avoid short-term borrowing. The Reserves Policy of the City is managed closely with the City’s Debt Management Policy. The City may choose to consider paying cash for capital projects that can be anticipated and planned for in advance. Therefore, the City’s reserve levels fluctuate, in part, based on capital project plans. In establishing an appropriate reserve level, the City needs to consider the cash flow, capital asset purchases, need for emergency reserves, ability to manage fluctuations of major revenue sources, credit rating, and long- term fiscal health. B. Fund Balance Classifications for Governmental Funds Fund balances in governmental funds (versus enterprise or utility funds) are reported in classifications that disclose constraints for which amounts in those funds can be spent. The fund balance classifications are:  Nonspendable – Consists of amounts that are not in spendable form, such as inventories and prepaid items  Restricted – Consists of amounts related to externally imposed constraints, established by creditors, grantors, or regulatory agencies  Committed – Consists of amounts that have internally imposed constraints, established by resolution of the City Council (committed amounts cannot be used for any other purpose unless the Council removes or changes the specified use by resolution of the City Council)  Assigned – Consists of amounts that are intended to be used for a specific purpose and intent can be expressed by the City Council or by a delegate of the City Council  Unassigned – Consists of the residual classification for the General Fund and also reflects negative residual amounts in other funds C. Authorization and Use of Fund Balance The City Council authorizes the Finance Director and/or City Manager to assign fund balance that reflects the City’s intended use of the specified funds. When both restricted and unrestricted (committed, assigned, or unassigned) resources are available for use, it is the City’s policy to use restricted resources first, and then use unrestricted resources as needed. When unrestricted resources are available for use, it is the City’s policy to use resources in the following order: 1) committed, 2) assigned, 3) unassigned. The exception to this is the Park Development Fund, where resources are used in the following order: 1) assigned, 2) committed, and 3) restricted. Committed fund balance items must be set in place prior to year-end, but the amount can be calculated after year-end. D. Fund Balance Policies for Fund Types 1) General Fund The General Fund is established to account for all revenues and expenditures which are not required to be accounted for in other funds. Revenue sources include property taxes; license and permit fees; fines and forfeits; charges for services; intergovernmental revenues; investment earnings; and transfers in. The General Fund’s resources finance a wide range of functions, including the operations of general government, public safety, public works, community development, and parks and recreation. 35 City of Chanhassen Financial Management Policies 9 | P a g e The City’s unassigned year-end fund balance in the General Fund shall be maintained at a minimum level of 50% of the following year’s property tax levy. The General Fund is the only fund that can have positive unassigned fund balance. The City may assign fund balance in the General Fund for purchase order encumbrances, budget carryovers, compensated absences, or other items. The City may commit fund balance in the General Fund for revenue stabilization arrangements or other items by City Council resolution. The General Fund may have a portion of its fund balance classified as nonspendable if there are inventories or prepaid items. 2) Special Revenue Funds Special revenue funds are used to account for and report the proceeds of specific revenue source that are restricted or committed to expenditures for specified purposes other than debt service or capital projects. The City will maintain fund balances in special revenue funds at a level which will avoid interfund loans to meet the cash flow needs of the current operating budget. Governmental accounting standards require that substantial inflows of revenues into a special revenue fund be either restricted or committed in order for the fund to be considered a special revenue fund. The specific revenue source for each special revenue fund and the specific purposes for which they are restricted or committed are as follows, less any amounts that are classified as nonspendable by their nature: Special Revenue Fund Specific Revenue Sources Restricted or Committed For Charitable Gambling Contribution Fund 100% of Fund Balance Restricted for equipment and training for the Fire Department Cemetery Fund 100% of Fund Balance Committed for cemetery maintenance CATV Fund PEG Fees from Franchise Agreements Committed for capital costs associated with public, educational, and government (PEG) communications Grant Fund 100% of Fund Balance Restricted for federal and state grant funds 3) Debt Service Funds Debt service fund balances are typically considered restricted. Fund balance may be assigned if the debt for the fund has been fully paid. The resources being accumulated in the funds are for payments of principal and interest maturing in current and future years. At year-end, fund balance in each Debt Service fund shall be at a minimum level of 100% of the debt service expense expected to be paid during the first half of the fiscal year. 4) Capital Project Funds Capital project fund balances are considered restricted or assigned. The resources being accumulated are for current and future projects. Capital project funds are used to account for and report financial resources that are restricted or assigned to expenditures for capital assets. The fund balances in these 36 City of Chanhassen Financial Management Policies 10 | P a g e funds vary annually based on the timing of construction projects and bond issuance. The City will maintain reserves in the Capital Project Funds at a minimum level sufficient to provide adequate working capital for current expenditure needs. The maximum amount of reserves should include the amount necessary to pay for future capital projects. Future capital projects must be identified and quantified in the Capital Improvement Plan. E. Enterprise (Utility) Fund Reserves The City will maintain reserves in the Enterprise (Utility) Funds at a minimum level sufficient to provide adequate working capital for current expenditures needs. Generally, the City shall strive for a minimum of 3-months of operating cash in these funds. The maximum amount of reserves should include the amount necessary to pay for future capital needs. Future capital projects must be identified and quantified in the Capital Improvement Plan. Rates and fees in these funds will be analyzed annually for a five-year period to provide for level rate changes. Enterprise Fund net position (equity) will be classified in one of the following categories:  Net Investment in Capital Assets – The component of net position, which is the difference between the assets and deferred outflows of resources and the liabilities and deferred inflows of resources, that consists of capital assets less both accumulated depreciation and the outstanding balance of debt that is directly attributable to the acquisition, construction, or improvement of the capital assets.  Restricted – The component of net position that consists of assets with constraints placed on their use by either external parties or through constitutional provisions or enabling legislation.  Unrestricted – The net amount of the assets, deferred outflows of resources, liabilities, and deferred inflows of resources that are not included in the determination of net investment in capital assets or the restricted components of net position. 37 City of Chanhassen Financial Management Policies 11 | P a g e CASH AND INVESTMENTS POLICY Effective cash management is essential to good fiscal management. Investment returns on funds not immediately required can provide a significant source of revenue for the City. Investment policies must be well founded and uncompromisingly applied in their legal and administrative aspects in order to protect the City funds being invested. A. Purpose The purpose of this policy is to establish the City’s investment objectives and establish specific guidelines that the City will use in the investment of City funds. It will be the responsibility of the Finance Director to invest City funds in order to attain a market rate of return while preserving and protecting the principal of the overall portfolio. Investments will be made based on statutory constraints in safe, low-risk instruments. B. Scope/Funds This policy applies to the investment of all City funds available for investment and not needed for immediate expenditure. The City will consolidate cash balances from all funds to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. C. Delegation of Authority Authority to manage the investment program is granted to the Finance Director who shall act in accordance with established written procedures and internal controls for the operation of the investment program consistent with this investment policy. Procedures should include references to safekeeping, delivery vs. payment, investment accounting, repurchase agreements, wire transfer agreements, and collateral/depository agreements. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Finance Director. The primary objectives, in priority order, of investment activities shall be safety, liquidity, and yield: 1) Safety Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of principal in the overall portfolio. The objective will be to minimize the risk of market fluctuations, such as credit risk and interest rate risk. Credit risk is the risk that the borrower will be unable to make their debt service payments to the investors. Interest rate risk is the risk that rates will (for example) rise while the investments you hold have lower rates. If the City were to sell these investments prior to maturity in this case, they would have to sell the investments at a loss. 2) Liquidity The investment portfolio must remain sufficiently liquid to meet all operating costs that may be reasonably anticipated. The portfolio must be structured so that securities mature concurrent with cash needs to meet anticipated demands. Cash needs will be determined based on cash flow forecasts. 3) Diversification of Instruments A variety of investment vehicles must be used to minimize the exposure to risk of loss. The investment portfolio must be diversified by individual financial institution, government agency, or by corporation (in the case of commercial paper) to reduce exposure to risk of loss. 4) Diversification of Maturity Dates Investment maturity dates should vary in order to ensure that the City will have money available when needed. 5) Yield 38 City of Chanhassen Financial Management Policies 12 | P a g e The investment shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, considering the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. D. Oversight The City Manager shall oversee the City’s investment program. The Finance Director will maintain a more detailed and comprehensive investment strategy based on the principles established by the City Council and consistent with the most current guidelines within the public sector. On at least an annual basis, the Finance Director shall provide a status report to the City Council. Annually, the City Council shall designate depositories for investment purposes. E. Allowable Investments The City shall invest in the following instruments as allowed by Minnesota Statute § 118A:  Government Securities – Direct obligations of the federal government or its agencies, with the principal fully guaranteed by the U.S. Government or its agencies  Certificates of Deposit – A negotiable or nonnegotiable instrument issued by commercial banks and insured up to $250,000, or the amount set, by the Federal Deposit Insurance Corporation (FDIC)  State or Local Government Securities – Any security that is a General Obligation of any state or local government rated “A” or better by a national bond rating service  Statewide Investment Pools – Statewide investment pools that invest in authorized instruments according to Minnesota Statute § 118A.04, such as the Minnesota Municipal Money Market (4M) Fund  Money Market Mutual Funds – Money market mutual funds that invest primarily in U.S. Government and agency issues and repurchase agreements F. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business or that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City. G. Internal Controls, Audits, External Controls The Finance Director is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft, or misuse. Accordingly, compliance with City policies and procedures should be assured by the Finance Director and addressed through the annual audit process and preparation of the Annual Comprehensive Financial Report (ACFR). H. Authorized Financial Institution and Dealer In accordance with Minnesota Statute § 118.02, the responsibility for conducting investment transactions resides with the City Council. Also, the Council shall be responsible for designating the depositories of the funds. Depositories shall be selected through a banking services procurement process, which shall include a comprehensive review of credit characteristics and financial history by the Finance Director or reliance on selection criteria by an independent third party. In selecting depositories, the creditworthiness of the institutions under consideration shall be examined. The City Council shall designate depositories after a recommendation from staff. 39 City of Chanhassen Financial Management Policies 13 | P a g e Only approved security broker/dealers authorized in Minnesota Statute § 118A.06 shall be utilized for safekeeping and custody. All financial institutions and broker/dealers must supply the following as appropriate:  Audited financial statements  Proof of Financial Industry Regulatory Authority (FINRA) certification  Proof of state registration  Completed broker/dealer questionnaire for firms who are not major regional or national firms  Certification of having read the City’s investment policy I. Broker Representations Cities must obtain from their brokers certain representations regarding future investments. The City will provide each broker with information regarding the City’s investment restrictions. Before engaging in investment transactions with the City, the supervising officer at the securities broker/dealer shall submit a certification stating that the officer has reviewed the investment policy and objectives, as well as applicable state laws, and agrees to disclose potential conflicts of interest or risk to public funds that might arise out of business transactions between the firm and the City. All financial institutions shall agree to undertake reasonable efforts to preclude imprudent transactions involving the City’s funds. J. Collateralization City funds must be deposited in financial institutions that provide at least $250,000 in government insurance protection. At no time will deposits in any one institution exceed the insured amount unless such excess amounts are protected by pledged securities. Pledged securities, computed at market value, will be limited to the following:  United States Treasury bills, notes, or bonds that mature within five years  Issues of United States government agencies guaranteed by the United States government  General obligation securities of any state or local government with taxing powers rated “A” or better, or revenue obligation securities of any state or local government with taxing powers rated “AA” or better, provided no single issue exceeds $300,000 for maturing not exceeding five years  Irrevocable standby letters of credit issued by Federal Home Loan Banks accompanied by written evidence that the bank’s public debt is rated “AA” or better  Time deposits that are fully insured by any federal agency In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 110 percent (110%) of the market value of principal and accrued interest. Collateral shall be deposited in the name of the City, subject to release by the City’s Finance Director. All certificates of deposit purchased by the City shall be held in third-party safekeeping by an institution designated as primary agent. The primary agent shall issue a safekeeping receipt to the City listing the specific instrument, rate, maturity, and other pertinent information. All deposits will be insured or collateralized in accordance with Minnesota Statute § 118. No other collateral except as designated above will be authorized for use as collateral for City funds. K. Safekeeping and Custody When investments purchased by the City are held in safekeeping by a broker/dealer they must provide asset protection of $500,000 through the Securities Investor Protection Corporation (SIPC) and the current required amount of supplemental insurance protection. 40 City of Chanhassen Financial Management Policies 14 | P a g e L. Diversification It is the policy of the City to diversify its investment portfolios to eliminate the risk of loss resulting from the overconcentration of assets in a specific maturity, issuer, or class of maturities. The portfolio, as much as possible, will contain both short-term and long-term investments. The City will attempt to match its investments with anticipated cash flow requirements. Liquidity is necessary to pay for recurring operations. Maturities should be extended beyond the dates necessary to meet these projected liquidity needs and should be staggered in such a way that avoids overconcentration in a specific maturity sector. Extended maturities may be utilized to take advantage of higher yields; however, no more than 20% of the total investment portfolio should extend beyond five (5) years and in no circumstance should any extend beyond ten (10 years). The portfolio will reflect diversity by class of maturity and issuer. The following limits are imposed for investments of a specific class:  Certificates of Deposit – At any one time, no more than 70% of the total portfolio shall consist of certificates of deposit. Maximum holdings for any one issuer of a certificate of deposit will be $250,000, or the amount insured by the Federal Deposit Insurance Corporation (FDIC), unless collateral is provided in accordance with this policy and Minnesota Statute § 118. Maximum holdings for any one issuer of collateralized certificates of deposit will be 5% of the total portfolio.  Government Securities – At any one time, no more than 70% of the total portfolio shall be invested in obligations of the federal government or its agencies.  State or Local Government Securities – At any one time, no more than 50% of the total portfolio shall be invested in State or local government securities. Maximum holdings for any one issuer of state or local government securities will be 10% of the total portfolio.  Money Market Funds – At any one time, no more than 70% of the total portfolio shall be invested in authorized money market mutual funds. M. Investment Reporting  Internal Reporting – Finance Department procedures shall ensure that investment portfolios are maintained on the City’s records system and reconciled monthly. A monthly internal report will be generated to show compliance with the investment policy  Quarterly Reporting – A quarterly report on the portfolio will be created for inclusion with the quarterly financial report provided to the City Council. N. Interest Earnings Interest earnings will be credited to all funds with a positive cash balance at the end of each month, based on average cash balances during that month. Market value adjustments will be credited or debited to all funds with a positive cash balance based on average cash balances during that month. The City will use the average yield of the one-year Treasury note as a benchmark for performance comparisons. O. Conclusion The intent of this policy is to ensure the safety of all City funds. The main goal of the City will be to achieve a benchmark rate of return while maintaining the safety of principal. 41 City of Chanhassen Financial Management Policies 15 | P a g e PUBLIC PURPOSE EXPENDITURE POLICY A. Purpose The City Council recognizes that public funds may only be spent if the expenditure meets a public purpose, and the expenditure relates to the governmental purpose for which the City was created. An expenditure that Minnesota Statute specifically or implicitly authorizes is considered a valid public purpose expenditure. The meaning of “public purpose” is constantly evolving. The Minnesota Supreme Court has followed a broad approach and has generally conclude that “public purpose” means an activity the meets ALL the following standards:  The activity will primarily benefit the community as a body  The activity is directly related to functions of government  The activity does not have as its primary objective the benefit of a private interest whether profit or non- profit This policy is intended to provide guidelines regarding which expenditures are for public purposes and authorized in accordance with the City’s annual budget process, and which expenditures are not considered to fall within the public purpose definition and are therefore not allowed. B. Permitted Expenditures for Meals and Refreshments Use of City funds in reasonable amounts for meals and/or refreshments for elected and appointed City officials and employees are permitted in the following circumstances, with Department Head approval: 1) City-sponsored events of a community-wide interest where staff are required to be present (e.g., 4 th of July, National Night Out, Feb Fest, etc.) 2) City Council, boards, and commissions meetings held during or adjacent to a meal hour 3) Meetings related to City business at which the attendees include non-City representatives 4) Professional association meetings, conferences, and training when meals are included as part of the registration or program fee, or in accordance with the travel policy 5) Election judge training and duty 6) Employee training and events 7) Annual recognition events for volunteer and non-employees 8) Fire department meetings and in-house training sessions 9) Multi-department meetings scheduled during or adjacent to a meal hour when no other meeting time is available 10) Work activities requiring continuous service when it is not possible to break for meals (e.g., election days, water main breaks, emergency snow removal, public safety responses) 11) Healthy snacks and incentives of moderate value provided to attendees of safety, health, and wellness programs for City employees 12) Events recognizing completion of a significant work-related project (City Manager approval required) 13) Reimbursable travel expenses for employees and councilmembers are outlined in the City of Chanhassen Personnel Policy. 14) The City will not purchase or reimburse any employee, councilmember, or agent for the purchase of alcohol. The costs of these meals are included within individual department budgets. These budgets are approved annually by the City Council as a part of the overall budget approval process which includes a public hearing on the proposed budget. 42 City of Chanhassen Financial Management Policies 16 | P a g e C. Memberships and Dues The City Council has determined that the City will fund memberships and dues in professional organizations and City social and community organizations when the purpose is to promote, advertise, improve, or develop the City’s resources. In addition, memberships and dues will be allowed for employees, councilmembers, and commission members if the dues promote primarily educational opportunities related to their field or assigned duties and are not solely for personal interest or gain. The costs of these memberships and dues are included within individual department budgets. These budgets are approved annually by the City Council as a part of the overall budget approval process which includes a public hearing on the proposed budget. D. Employee Recognition Program The City Council recognizes the hard work and service performed by the employees of the City through a formal Employee Recognition Program. The Council believes the benefits of attracting, retaining, and motivating employees through an Employee Recognition Program support employee job satisfaction, which in turn impacts cooperation and productivity. The result is to provide excellent public and customer service to better serve the interests of the citizens of the community. The Employee Recognition Program is considered additional compensation for work performed by employees but is entirely depending on receiving funds from year-to-year. Service recognition awards shall be given to all regular and full-time employees who have completed continuous years of service. The following awards have been established: Years of Service Award Five (5) Certificate and $25 Ten (10) Certificate and $50 Fifteen (15) Certificate and $75 Twenty (20) Certificate and $100 Twenty-five (25) Certificate and $150 Thirty (30) Certificate and $200 Thirty-five (35) Certificate and $250 Forty (40) Certificate and $500 Forty-five (45) Certificate and $750 The costs of these recognition awards are included within individual department budgets. These budgets are approved annually by the City Council as a part of the overall budget approval process which includes a public hearing on the proposed budget. The City supports events that are planned and paid for by employees. Examples of such events include, but are not limited to, the summer picnic, potluck meals, and holiday parties. The council understands that these events may occur during normal working hours and if approved by the City Manager or his/her designee, employees will not be required to use vacation or compensatory time for such events. The City Manager has the authority to approve other forms of recognition including issuance of flex time or compensatory time as he/she sees appropriate. E. Credit Card Use The use of credit cards by any employee otherwise authorized to make purchases on behalf of the City is permitted, provided that purchases made by credit card comply with all statutes, rules, and/or City policy 43 City of Chanhassen Financial Management Policies 17 | P a g e applicable to purchases. The use of City credit cards shall be limited to purchases on behalf of the City and for no other purpose. All purchases on City credit cards are required to have detailed supporting receipts. In addition, all monthly credit card statements are to be reviewed by the employee’s department head and signed for approval. F. Uniforms, Clothing, and Apparel The City purchases uniforms, clothing, and apparel considered necessary for safety or for visible staff recognition by the public (e.g., safety footwear, safety glasses, shirts with the City logo for building inspectors). 44 City of Chanhassen Financial Management Policies 18 | P a g e PURCHASING POLICY A. Introduction Purchasing policies and procedures are required because they:  Ensure purchases conform to legal requirements  Prevent expenditures from exceeding the budget  Provide proper documentation for purchases  Prevent payment for items not received  Ensure accurate accounting  Provide payment of all bills within 35 days of receipt  Prevent duplicate payments on the same invoice All purchasing by local government units is regulated by State law. Because of these laws and because of the unique nature of budget and tax levy procedures for funding City government, all City employees must conform to these purchasing policies and procedures. The Finance Department will review and approve all purchases and employee reimbursements and will ensure that all purchases and payments are legal, properly coded, and well documented. B. Quick Reference Guide for Purchases The table below shows the required quotes, bids, payment options, and approvals needed for various purchase amounts. All purchases must be included in the operating budget or Capital Improvement Plan. Purchases of professional services are included in a separate section. Amount of Purchase Quotations or Bid Needed* Payment Request Options Approval Needed Prior to Purchase? $5,000 or less None Credit Card Check Request Department Finance City Manager City Council Yes No No No $5,001 - $10,000 Two written quotes or proposals Credit Card Check Request Department Finance City Manager City Council Yes No No No $10,001 - $20,000 Two written quotes or proposals Credit Card Check Request Department Finance City Manager City Council Yes Yes Yes No $20,001-$175,000 Two written quotes or proposals Check Request Department Finance City Manager City Council Yes Yes Yes Yes Over $175,000 Sealed bids Check Request Department Finance City Manager City Council Yes Yes Yes Yes *If the purchase is over $20,000 Council approval is required prior to the purchase. However, Council approval is not required on purchases over $20,000 for regular utility bills, insurance premiums, payments due to other units of government, or payments required to be made before the next regular meeting of the Council to avoid endangering public safety, damaging public or private property, or interrupting City services. 45 City of Chanhassen Financial Management Policies 19 | P a g e C. Professional Services The same purchase amount thresholds apply to approvals for professional services; however, services typically utilize a Request for Proposal (RFP) process versus quote or bids. Utilizing an RFP process, bid, or quote is required for soliciting professional services that exceed $25,000 except when an established consultant pool is in place. For professional services less than $25,000, or when utilizing an established consultant pool, direct solicitation and negotiation can be utilized. Unique professional services are not required to utilize an RFP process, if those professional services are specialized or based on specific expertise or professional abilities. All professional services should have a written agreement. Section K contains additional information on agreement processing. D. Ethics/Vendor Relationships The City holds its employees to the highest ethical standards. Purchases shall be conducted so they foster public confidence in the integrity of the City’s procurement system, and open and free competition among prospective suppliers. In keeping with this value, employees should avoid the following practices when making purchases on behalf of the City:  Circumventing competitive bidding requirements – Examples of this include: o Splitting purchases so that they can be made through several smaller purchases o Using the emergency procedure process when no true emergency exists o Using a sole source exemption when competition is available  Denying one or more vendors the opportunity to bid on a contract – Examples of this include: o Using unnecessary restrictive specifications o Pre-qualifying bidders on a discriminatory basis o Removing companies from a bidders list without just cause o Requiring unnecessarily high bonding  Giving favored vendors an unfair advantage – Examples of this include: o Providing vendors with information regarding their competition’s offers in advance of a bid opening o Making information available to certain vendors and not to others o Giving certain vendors inaccurate or misleading information  Accepting gifts from vendors – Examples of this include: o Minnesota Statute § 471.895 prohibits government employees from receiving gifts except where they are included as part of the cost of a product, good, or service provided (such as a meal provided as part of a conference)  Purchasing personal items from a vendor using government pricing E. Recycled Content Environmentally preferable products are goods and services that have a lesser or reduced effect on human health and the environment when compared to other goods and services that serve the same purpose. They contain recycled content, are sustainably harvested, are made with less toxic materials, or conserve energy or water. The Minnesota Pollution Control Agency website for sustainable purchasing provides several tips to consider when purchasing: Sustainable government purchasing | Minnesota Pollution Control Agency (state.mn.us). 46 City of Chanhassen Financial Management Policies 20 | P a g e F. Authorization The City has a decentralized purchasing program where individual departments are responsible for making their own purchases. Front desk administrative staff can assist with purchasing supplies maintained in the office supply closet, paper, and small office furniture. The steps in the payment authorization process are: 1) Determine the need for commodities and services 2) Research the cost of the purchase and determine the proper purchasing alternative 3) Determine the appropriate account coding and whether there are sufficient funds available in that budget line item 4) Forward the request to the department director or designee for approval (review the Quick Reference Guide to determine if Finance Director, City Manager, and/or City Council approval is required) 5) Commodity or service is ordered 6) Commodity is received or service is performed 7) Department director forwards request for payment with invoice to the Finance Department for approval and input into the financial system 8) Payment is made by the Finance Department 9) Claims roster is presented to the City Council for approval G. Purchasing Alternatives 1) Quotes If a purchase is estimated to cost at least $5,001, but not exceed $175,000, the purchase may be made either by sealed bids or by direct negotiation based on quotations. If a purchase is made in this range, staff members are required to obtain at least two written quotes. If the quotes are not written, the requestor who received the verbal quote must document the verbal quote in writing. All such quotes must be forwarded to the Finance Department with the purchasing documents (invoices). 2) Sealed Bids A formal sealed bid process is required for all purchases over $175,000 except for professional services. Online (electronic) bidding platforms are acceptable to use. A published notice of bid is required in the official City newspaper at least seven days in advance of bid opening. The published notice must state where the plans and specifications can be obtained by bidders and specifically, where the bid opening will be held. The notice may also be published on the City’s official website; however, this publication is in addition to the official newspaper publication. All bid openings, preparation of all specifications, and required authorization for plans and specifications are to be administered by the originating department. The Council must formally approve the contract. 3) Sole Source Purchases If there is no ability to solicit multiple bids, departments must demonstrate that the purchase from a particular vendor is sufficiently justified as sole source. Sole source means that a single vendor is uniquely qualified to meet the department’s procurement objective. To be considered a sole source and therefore exempt from the bid process, one of the following conditions must be met:  The actual product or service needed is the only one that will meet the department’s need or requirement, and it can only be purchased from one source (manufacturer or distributor)  The product or service must match or be compatible with current equipment or services  The product needed is specifically required for use in conjunction with a grant or contract  The service needed is controlled or mandated by the local, state, or federal government  The service is artistic  An unusual or compelling urgency exists 47 City of Chanhassen Financial Management Policies 21 | P a g e If the need meets one of the above criteria, the department can negotiate with the vendor directly. 4) Best Value For the purposes of construction, building, alteration, improvement, or repair services, “best value” procurement is an option subject to the limits contained in Minnesota Statute § 16C.28 Subd. 1. 5) State, County, and Other Cooperative Purchasing Contracts The City participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables participants to buy goods and services at a reduced cost under the terms of contracts already negotiated by the State of Minnesota. Participation in other purchasing cooperatives is encouraged by all departments. If a product or service will be purchased under the state contract the vendor should be informed. When completing the purchasing paperwork, it should be noted that that purchase is per state contract and indicate the state contract number. Per Minnesota Statute § 471.345 Subd. 15, if a contract is estimated to exceed $25,000, the City must consider the availability, price, and quality of supplies, materials, or equipment available through the CPV before purchasing through another source. 6) Emergency Purchases Emergency situations may arise where the normal purchasing process cannot be followed for the procurement of goods and services. An emergency means an unforeseen combination of circumstances that calls for immediate action to prevent a disaster from developing or occurring. Minnesota Statute § 12.29 gives the Mayor the authority to declare a local emergency for up to three days, which period may be extended by the City Council. During such an emergency, if authorized by the City Council, the City is not required to use the typically mandated procedures for purchasing and contracts. During that time, the Council may waive compliance with the prescribed purchasing guidelines, including compliance with Minnesota Statute § 417.345, Uniform Municipal Contracting Law. Whenever possible the current purchasing policies and procedures should be followed even when an emergency is declared, but as described above if the emergency requires speedy action essential to the health, safety, and welfare of the community and if there has been an emergency declaration, the standard purchasing policies and procedures can be waived in accordance with Minnesota State § 12.37. 7) Request for Proposals (RFP) RFPs may be used to solicit proposals for professional services. Typical information to address in RFPs includes:  Background and scope of the project  The project’s budget to ensure that the proposals stay within that range  Proposal requirements should include adequate information to allow for proper review and evaluation, including: o Description of firm and qualifications, including any specialized experience related to the project o A list of similar projects the firm has completed o Project timetables including an estimate of hours, breakdown of hours by phase, and the City’s expectation for a completion date o Designation of a firm principal who will oversee the project o Résumés for key staff who will work on the project o Statement that either no subcontractors are allowed or that all subcontractors will be identified and are subject to the City’s approval  Not to Exceed or Lump Sum Fee to provide the service along with a fee schedule  Description of the City’s selection process 48 City of Chanhassen Financial Management Policies 22 | P a g e  City’s evaluation criteria, which typically may include: o Quality and thoroughness of the proposal o Similar experience and/or expertise o References o Cost estimate  The following statements must be included: o “The City reserves the right to reject any and all proposals, waive all technicalities, and accept any proposal deemed to be in the City’s best interest.” o “Proposers are solely responsible for delivery of their proposal to the City before the deadline. Any proposal received after the deadline will not be considered and will be returned.”  Submittal deadline information: date, time, project name, and addressee  Information about where questions should be directed (Note – staff should make sure that all proposers are given the same information) Attach a copy of the agreement proposed to be used for the project, including the City’s insurance requirements. The agreement includes provisions to which the firm must agree, so it is important that they see the agreement upfront. It is suggested the RFP be submitted to the City attorney for review prior to distribution. 8) Leases All lease agreements need approval through the Finance Department and possibly legal counsel prior to initiating or modifying a lease. 9) Online Purchases The following guidelines are recommended for online purchases:  All addresses for secure purchasing sites should have an https:// prefix  No purchase should be made from a City account while connected to any public Wi-Fi service  Whenever possible avoid making credit card purchases over the telephone  City credit card numbers should not be stored on any ecommerce site  Avoid online purchases from sites located outside the United States H. Payment The City uses various processes in making payments for goods and services. 1) Standard Purchase Orders Purchase orders are used when required by the vendor to acknowledge the City’s request for goods and services. A copy of the purchase order will be sent to the vendor when requested. Once an invoice is received and the purchase order complete, the purchase order should be attached to the invoice and authorization for payment to the Finance Department. 2) Accounts Payable Payments The Finance Department policy is for invoices to be paid on one of the weekly claims lists. Payments submitted by 3:00 p.m. on Wednesday will be paid by check on Thursday if due. Payments to be processed electronically will be credit to vendor bank accounts on the following Monday or the next business day if Monday is a holiday. 3) Blanket Purchase Orders, Charge Accounts, Online Accounts, and House Accounts The City uses blanket purchase orders, charge accounts, and house accounts for frequently used vendors. This process requires submission of receipt with an account code and department approval. All new open accounts must be authorized by the requesting department and Finance department. House accounts are not to be used for personal purchases. Use of City online accounts for personal purchases is strictly prohibited. Violation can result in disciplinary action and/or termination. 49 City of Chanhassen Financial Management Policies 23 | P a g e 4) Invoices Invoice must be attached to any accounts payable payment, purchase order, or expense voucher along with proper authorization. Documentation must be returned to the Finance Department to be processed on claims list. 5) Statements The Finance Department tracks all statements – reviewing old invoices or credits. For certain vendors where the City has open accounts, accounts are paid once a month after matching invoices to the statement. 6) Account Coding All requests for payment including purchase orders, invoices, or expense vouchers must have an 11-digit code (Fund-Dept-Object) to process payment. Refer to the department budget for the line-item code. A description of the goods or services provided should be included. 7) Credit Cards The City issues credit cards to some staff members to allow for more efficient purchasing and to make purchases at businesses that do not allow open accounts. The Finance Department issues credit cards as requested by department heads. All credit cards have a transaction limit and overall credit limit. Credit card statements must be reviewed each month and each transaction must have a detailed receipt. Department heads should code and sign off on all transactions and monthly statements and forward to the Finance Department. 8) Electronic Funds Transfer Electronic Funds Transfers (EFT) may be required in some cases to complete a business transaction. These purchases need to follow all other standard guidelines for payment processing. The City’s preference is to push (initiate) these transactions versus having them pulled from the bank account, but under certain circumstances pull transactions are allowed. 9) Expense Reimbursement A complete and signed authorized form is required for reimbursement of employees for City-related expenses. All requests must contain proper account coding, department head approval, and original itemized receipts. I. Prompt Payment of City Bills State law requires municipalities to pay obligations within a standard payment period except where good faith disputes exist. The City is required to pay invoices within 35 days of receipt. The date of receipt is defined as the completed delivery of the goods or services or the satisfactory installation or assembly, or the receipt of the invoice for the delivery of goods, whichever is later. The City has the responsibility to notify vendors of invoice errors within 10 days of receipt. Minnesota Statute § 471.425 requires the City to calculate and pay interest of 1 ½ percent per month on bills not paid within 35 days. The minimum monthly interest penalty payment is $10.00 on any one overdue bill of $100 or more. For unpaid balances less than $100, the actual interest penalty of 1 ½ percent per month is due the vendor. Purchases or contracts for service with a public utility or telephone company are not subject to the requirements of this statute. J. Final Payments on City Construction Contracts The State of Minnesota requires the filing of Form IC-134 prior to the final payment of any contract involving employees under Minnesota Statute § 270C.66 CONTRACTS WITH STATE: WITHHOLDING. 50 City of Chanhassen Financial Management Policies 24 | P a g e Before final payment can be made on any contract which involves the payment of wages by a contractor of the City to any employee, or subcontractors with employees that performed work on a job for the City, the contractor must furnish to the City a copy of Form IC-134 that has been certified by the Minnesota Department of Revenue. These forms should be kept on file in with all the other contract documents for possible review by the auditors. K. Agreement Processing Agreements need to be reviewed by the City Attorney unless they follow a previously used format, such as Standard Form of Agreement or Contracts for Private Redevelopment. If attachments to the agreement modify the agreement or provide new terms the agreement should be reviewed by the City Attorney prior to submission for City Council and/or signatures. The City Attorney must review an agreement if it is written on the other party’s form or if a special agreement is drafted. Department heads may authorize agreements up to $5,000 in value. The City Manager is authorized to sign agreements up to $20,000 in value, however he/she may delegate the authority for approval of such agreements. The Finance Director must also authorize agreements between $10,001 and $20,000. Council authorization is required where a contract exceeds $20,000. These agreements should be signed by the Mayor and City Manager. An original signed copy of the agreement should be returned to the City. L. Capital Outlay and Capital Assets 1) Capitalization Threshold Capital outlay purchases are for tangible items costing $10,000 or more and having a life expectancy of two years or more. These items are typically coded to expense codes beginning with “47xx”. Delivery charges, sales tax, and other related items should be included as a cost of the item. The capital asset is recorded at the total cost to place the asset in its intended location and condition for use. 2) Acquisition When a capital asset is purchased, a capital asset form should be completed by the department making the purchase and sent to the Finance Department. Vendor invoices should be included to support the amount recorded. 3) Tracking and Transfer Once a capital asset is recorded in the City’s financial system it is the responsibility of the assigned department to notify the Finance Department of any assets that have been transferred to a different department. A physical account of all capital assets should be done each year by each department. The Finance Department will provide a capital assets list for this purpose. Any discrepancies should be noted by the department. 4) Deletion or Disposal of Capital Assets When a capital asset is sold or disposed of the assigned department must complete a capital asset form with the required information for the Finance Department to remove the asset from the financial system. This includes items that are disposed of, sold, or traded in. M. Technology Purchases All technology purchases, including hardware and software purchases and agreements, must be reviewed, and approved by the IT Manager before purchase. The IT Department will coordinate and facilitate all technology purchases and agreements for individual departments and the enterprise as a whole. New software and technology, providing enhanced capabilities not previously deployed by the City, must also be approved by the City Manager. N. Disposal of Surplus Property 1) Auction 51 City of Chanhassen Financial Management Policies 25 | P a g e The City disposes of surplus equipment through public sale in accordance with Council policy. Throughout the year the City collects items to be sold at public auction and sends them to an auctioneer with a description and number of items to be sold. The auction house forwards a tabulation of the bids received along with payment. The information is reviewed by the equipment manager and payment is forwarded to the Finance Department. A capital asset disposal form must be filled out when an item sold at auction was listed in the City’s financial system. 2) Computer Equipment When computer equipment has reached the end of its useful life with the City it may be disposed of in one of the following ways:  Sealed bids  Donation to non-profit or governmental agency (City Manager approval required)  Sold at auction  Recycle through an authorized computer recycling vendor  Dispose of as waste O. Procurement Policies when Using Federal Dollars/Grants The City has a separate Policies and Procedures for Federal Awards Administration for the use of federal grant funds. 52 City of Chanhassen Financial Management Policies 26 | P a g e ACCOUNTS PAYABLE AND EFT PAYMENTS POLICY A. Purpose The purpose of the policy is to ensure that payments are initiated, executed, and handled in a secure manner and to ensure that adequate banking controls are maintained. B. Purpose This policy shall establish financial controls and management procedures for all payments. Payments are made by check, Electronic Funds Transfers (EFT), or by purchasing card. EFT payments include Automated Clearing House (ACH) transfers and wire payments. C. Payment Processing  All new vendors must be authorized by the Assistant Finance Director or Finance Director  Qualified vendors must complete and return a Form W-9 “Request for Taxpayer Identification Number and Certification” to the Finance Department  Vendors outside the United States must complete and return the appropriate Form W-8 before goods or services are ordered and payment is made  Payments are to be made on original invoices received from vendors, and not solely from a vendor statement  Accounts payable staff will verify the information contained on the invoice, including the vendor name, address, purchase order if applicable, and amount  Qualified claims will be paid within 35 days of receipt  Payments made after 35 days on undisputed invoice will include interest per Minnesota Statute § 461.425  Invoices will be submitted and paid according to the timeline established by the Finance Department  All invoices must be verified by the person who placed the order and approved through the City’s established approval process  The Finance Department will separate roles and responsibilities of employees performing accounts payable duties to ensure appropriate segregation of duties, in an attempt to reduce the risk of fraud and error  Bank activity will be monitored daily for unusual and unexpected transactions  Reconciliation of bank activity to the general ledger will be performed in a timely manner with all exceptions resolved.  All paid claims will be reported to the City Council in accordance with established City policies D. EFT Payments  Vendors requesting EFT payments will provide banking information on a form provided by the City  Accounts payable staff will independently confirm the banking instructions with the vendor to prevent fraud and strengthen the integrity of the data  All EFT payments will be initiated by secure computer-based systems  The Finance Director will designate a primary administrator to manage and control access to the systems used to process EFT transactions  The primary administrator shall ensure that adequate separation of duties exists in accordance with accepted internal control standards  The mechanism by which EFT payment requests are communicated to the disbursing bank will have adequate controls to prevent unauthorized access (these controls should include password protected user accounts, PINs, a designated administrator, and/or multi-factor authentication)  Positive pay and/or filters will be used for EFT payments  EFT payments require that one employee initiate the transaction, and another approve the transaction 53 City of Chanhassen Financial Management Policies 27 | P a g e  The procedures to initiate, approve, record, and report an EFT payment are subject to the same financial policies, procedures, and controls that govern disbursements made by any other means  For recurring EFT payments, the administrator will coordinate the establishment of a template with receiving and disbursing bank information that may not be altered without the approval of two authorized signers E. Payment by Check  Blank check stock will be kept in a secure, locked location  Checks will not be issued to “Cash”  Positive pay will be used for all payments made by check 54 City of Chanhassen Financial Management Policies 28 | P a g e CAPITAL IMPROVEMENT PLAN POLICY A. Purpose As the demand for services and the cost of building and maintaining the City’s infrastructure continues to increase, a methodology must be employed that provides a realistic projection of community needs, the meeting of those needs, and a framework to support City Council prioritization of those needs. A Capital Improvement Plan (CIP) is a community planning and fiscal management tool used to coordinate the location, timing, and financing of capital improvements over a multi-year period. B. Scope The CIP includes the scheduling of public improvements for the community over a five-year period and considers the community’s financial capabilities as well as its goals and priorities. Capital improvements include major expenditures such as:  Purchase of major equipment (e.g., vehicles, playground equipment, snowplows)  Acquisition of land for a public purpose (e.g., for a park or facility)  Construction, expansion, or major renovation of a public facility or infrastructure  Related planning, engineering, design, and feasibility costs C. Benefits of a CIP  It ensures the timely repair and replacement of aging infrastructure  It provides a level of certainty for residents, businesses, and developers regarding the location and timing of public investments  It identifies the most economical means of financing improvement projects  It eliminates unanticipated, poorly planned, and unnecessary capital expenditures  It eliminates sharp increases in taxes, user fees, and debt levels to help cover unexpected capital improvements  It helps to ensure that patterns of growth and development are consistent with the comprehensive plan  It helps to balance desired public improvement with the community’s financial resources D. Features of a CIP The CIP includes the following information for each proposed item:  A description and justification for the proposed capital improvement  A narrative describing the budget impact of the improvement  Total expenditures by year for the capital improvement  Funding sources by year for the capital improvement  Priority of the capital improvement  Additional information such as useful life, type of improvement, etc. E. CIP Development Process  Department heads submit a list of capital improvement projects  City staff works to consolidate and prioritize the recommended projects into the proposed CIP  Funding sources for each projected are analyzed  If debt issuance is required, the impact of the debt on property taxes, utility rates, or other user charges is analyzed and compared to existing taxes, utility rates, and other user charges  The preference of Council is to limit new debt to the following: o Special assessment funded portion of a project o That portion of a project that will be repaid from tax increment 55 City of Chanhassen Financial Management Policies 29 | P a g e o Major new facilities, such as a new City Hall or Regional Park  The overall CIP should have an acceptable impact on tax levy, total debt, and utility rate levels  The City Council will evaluate the proposed CIP and approve the projects deemed necessary and affordable  The CIP is linked to the budget – the first year of the CIP is known as the capital budget, and when adopted becomes part of the annual operating budget 56 City of Chanhassen Financial Management Policies 30 | P a g e CAPITAL ASSETS POLICY A. Purpose It is essential for financial reporting and cost accounting purposes that City departments follow a uniform policy for capitalizing expenditures. Capital expenditures are used to acquire assets or improve useful life of existing assets. The purpose of the capital assets policy is to define the accounting practices and procedures that will ensure effective and accurate documentation of the value of capital assets and their corresponding depreciation to be reported in the City’s financial reports. B. Capitalization Thresholds The City will maintain a schedule of individual capital assets with an original cost equal to or greater than the amounts shown below and an estimated useful life of greater than two years: Asset Type Threshold Land and Land Improvements Always Construction in Progress Track and capitalize when complete Easements $50,000 Buildings and Building Improvements $50,000 Infrastructure $100,000 Machinery and Equipment $10,000 Intangible Assets $50,000 C. Recording Capital Assets Capital assets should be recorded and reported at historical cost. When the historical cost of a capital asset is not practicably determinable, the estimated historical cost of the asset should be determined by appropriate methods. Estimated historical cots should be identified in the records, including the basis of determination. D. Contributed (Donated) Capital Acceptance of contributions of capital assets shall be in accordance with applicable Minnesota Statutes and shall be approved by the City Council. Contributed capital assets should be recorded and depreciated in the same manner as all other capital assets. Donated capital assets should be recorded at fair value at the time of acquisition. In addition, capital assets acquired through contribution from an outside source should be identified in the records of the City, including documentation of the actual or estimated value and the basis of determination. E. Intangible Assets Intangible assets possess three characteristics:  Lack of physical substance;  Initial useful life in excess of one year; and  Nonfinancial in nature Examples of intangible assets include easements, land use rights, patents, trademarks, copyrights, or software that is purchased, licensed, or internally generated. An intangible asset should be recognized in the statement of net position only if it is identifiable. This means the asset can either be:  Sold, transferred, rented, or exchanged, or 57 City of Chanhassen Financial Management Policies 31 | P a g e  Arose from contractual or other legal rights, regardless of whether those rights are transferable or separable Donated intangible assets should be recorded at fair market value as of the donation acceptance date. F. Improvements The City will maintain its assets to protect its capital investment and to minimize future capital expenditures. Capital asset improvement costs should be capitalized if:  The costs exceed the capitalization threshold, and  One of the following criteria is met:  The value of the asset or estimated life is increased by 25% of the original cost or life period, or  The cost results in an increase in the capacity of the asset, or  The efficiency of the asset is increased by more than 10% of its current value Otherwise, the cost should be classified as a repair and maintenance expense under the appropriate department and expense category. G. Depreciating Capital Assets Capital assets will be depreciated over their estimated useful lives unless they are:  Inexhaustible (i.e., land and land improvements, certain works of art and historical treasures), or  Construction work in progress For financial reporting purposes, the straight-line method will be used to calculate depreciation with no salvage value. No depreciation will be taken in the year of acquisition and a full year of depreciation will be taken in the year of retirement or disposition. For depreciation purposes, the following guidelines will be used to estimate the useful life of the asset: Buildings and Building Improvements Useful Life Buildings – wood frame 30 years Buildings – brick/block 30 years Buildings – temporary/portable 20 years Roofing 20 years Siding 20 years HVAC/Plumbing/Electrical systems 20 years Fire suppression systems 10 years Security systems 10 years Cabling 10 years Flooring 10 years Elevators 20 years Windows 15 years Infrastructure Useful Life Streets, including curb and gutter 30 years Storm drain systems 30 years Parking lots 25 years Sidewalks 25 years Pedestrian bridges 25 years 58 City of Chanhassen Financial Management Policies 32 | P a g e Paved trails 25 years Streetlights 25 years Water/Sewer mains and lines 30 years Water storage facilities 30 years Water treatment plants 30 years Lift stations 30 years Other Improvements Useful Life Fencing and gates 10 years Outside sprinkler systems 20 years Athletic fields, bleachers 25 years Septic systems 20 years Swimming pools 20 years Tennis, basketball, other sport courts, skate park equipment 25 years Fountains 20 years Retaining walls 20 years Outdoor lighting 20 years Monuments 10 years Traffic signals 20 years Light poles 20 years Landscaping and trees 20 years Boat launch pads 25 years Equipment, Machinery, and Vehicles Useful Life Appliances 5 years Audio/Visual equipment 5 years Business machines and office equipment 5 years Radio and communications equipment 10 years Computer equipment and software 3 years Furniture and cabinets 10 years Recreational/Athletic Equipment 10 years Water softeners/heaters 5 years Grounds equipment – mowers, etc. 8 years Machinery 7 years Tools 5 years Playground equipment 10 years ATVs and other utility vehicles 5 years Motor vehicles – cars and light trucks 8 years Light equipment 8 years Street sweepers 8 years Heavy trucks 10 years Heavy equipment – loaders, graders 10 years For items not listed, staff will research and determine an appropriate useful life. 59 City of Chanhassen Financial Management Policies 33 | P a g e H. Historical Treasures and Works of Art Historical treasures and works of art are items which are considered inexhaustible and held for public exhibition, educational purposes, or research in enhancement of public service instead of financial gain. Examples are paintings, sculptures, photography, maps, manuscripts, musical instruments, recordings, film, furnishings, artifacts, tools, weapons, and other memorabilia. These items are generally considered inexhaustible and are, therefore, not depreciated. DEBT MANAGEMENT POLICY A. Purpose The purpose of the debt policy is to ensure that debt is used wisely, and that future financial flexibility remains relatively unconstrained. Debt is an important mechanism to fund capital expenditures. It can reduce long-term costs due to inflation, prevent lost opportunities, and equalize the costs of improvements to present and future constituencies. Debt management is an integral part of the financial management of the City. Adequate resources must be provided for the repayment of debt, and the level of debt incurred by the City must be effectively controlled to amounts that are manageable and within levels that will maintain or enhance the City’s credit rating. A goal of debt management is to stabilize the overall debt burden and future tax levy requirements to ensure that issued debt can be repaid and prevent default on any municipal debt. A high debt level places a financial burden on taxpayers and can create economic problems for the community. The debt policies ensure that the City’s outstanding debt does not weaken the City’s financial structure, provides manageable limits on debt, and allows for the best possible credit rating. B. Conditions for Issuance 1) The City will confine long-term borrowing to capital improvements, equipment, or projects that have a life of at least five years and cannot be financed from current revenues. 2) Capital equipment with a useful life greater than five years may be financed with equipment certificates, with a bond term of ten years or less. 3) Minnesota Statute § 475.53 limits net general obligation debt to less than 3% of the estimated market value of taxable property in the City. 4) The City shall use a competitive bidding process for the sale of debt unless the use of a negotiated process is warranted due to adverse market conditions, timing requirements, or a unique pledge or debt structure. The City will award competitively issued debt on the true interest cost (TIC) basis. 5) The City should strongly consider market conditions (i.e., interest rates, construction market) when planning for the issuance of debt. The City should consider issuing debt, rather than paying cash, when interest rates are lower. 6) Debt should be structured in a manner that distributes cost and benefits appropriately. Intergenerational equity aspects should be considered when financing capital assets. The debt payments should be distributed over the useful life of the asset. 7) Long-term forecasts should support the assumption that the City will be able to repay the debt without causing financial distress. 8) Interfund borrowing for periods of more than one year shall only be undertaken for capital expenditures. A payment schedule for the borrowed amounts shall be established by the City Council. Interest charges for interfund loans utilizing tax increment bonds will be in accordance with Minnesota Statute § 469.178, Subd. 7. C. Restrictions on Debt Issuance 1) Where possible, the City will issue revenue (including general obligation backed revenue) or other self- supporting type bonds instead of general obligation bonds. 60 City of Chanhassen Financial Management Policies 34 | P a g e 2) The City will not use long-term debt for current operations. 3) The City should not issue debt with a longer amortization period than the life of the asset being financed. 4) When possible, the City should use pay-as-you-go financing for equipment and other minor capital assets. D. Financial Limitations 1) The City will strive to keep the total maturity length of general obligation bonds below 20 years and structure the bonds to allow for retirement of at least 50% of principal within 2/3 of the term of the bond issue. Maturity length of up to 30 years may be considered for new facilities. 2) The City shall typically issue debt with level principal and interest payments. 3) Bond rating categories shall be used as a means of assessing the City’s financial condition. The City will strive to achieve and maintain a ratio of governmental funds debt service to expenditures that will result in adequate, or better than adequate, debt and contingent liability profile rating from rating agencies. 4) Direct debt is the amount of general obligation principal or lease obligations supported by taxes that are outstanding for the City only. Direct debt per capita shall not exceed $2,000. Direct debt as a percentage of the City’s taxable market value shall not exceed 2%, excluding revenue-based debt. 5) Bond issues may require a special debt levy. The amount of the City’s property tax levy dedicated to debt service (principal and interest) shall not exceed 30% of the total property tax levy (levy does not include special assessments, tax abatements, or tax increments). 6) The City will maintain regular communications with bond rating agencies about its financial condition and will follow a policy of full disclosure in every financial report and bond statement. The City will comply with Securities and Exchange Commission (SEC) reporting requirements. 7) The City is committed to providing continuing disclosure to certain financial and operating data and material event notices as required by the SEC Rule 15c2-12. The Finance Department shall be responsible for the preparation of all disclosure documents and releases under Rule 15c2-12. 8) When feasible, the City will refund bonds to reduce interest costs and evaluate the use of debt reserves to lower annual debt service. Refunding of outstanding debt shall only be considered when present value savings of at least 3% of the principal amount of the refunded bonds are produced, according to Minnesota Statute §475.67 Subd. 12. Savings from refundings will be distributed evenly over the life of the refunded bonds unless special circumstances warrant a different bond structure. 9) Debt reserve funds will be examined at least annually to ensure adequate funding balances and funding progress. 10) The City should maintain the highest credit rating possible. E. Professional Service Providers Municipal financial advisors should be selected through a process of evaluating formal proposals every ten years. Selection should be based on, but not limited to, experience with the type, size, and structure of the bonds typically issued, ability to commit sufficient time to accomplish necessary tasks, and lack of potential conflicts of interest. Proposals for bond counsel should be solicited and considered on an occasional or as-needed basis. Consideration should be given to experience with municipal debt, ability to commit sufficient time to accomplish necessary tasks, and lack of potential conflicts of interest. The City should strategically maintain good relations with rating agencies and a positive perception in the marketplace. 61 City of Chanhassen Financial Management Policies 35 | P a g e POST-ISSUANCE COMPLIANCE POLICY FOR TAX-EXEMPT BONDS A. Purpose The City of Chanhassen issues tax-exempt governmental bonds to finance capital improvements. As an issuer of tax-exempt governmental bonds, the City is required by the terms of §§ 103 and 141-150 of the Internal Revenue Code of 1986, as amended (the “Code”), and the Treasury Regulations promulgated thereunder (the “Treasury Regulations”), to take certain actions subsequent to the issuance of such bonds to ensure the continuing tax- exempt status of such bonds. In addition, § 6001 of the Code and § 1.6001-1(a) of the Treasury Regulations, impose record retention requirements on the City with respect to its tax-exempt governmental bonds. This Post- Issuance Compliance Policy is designed to ensure that the City complies with its post-issuance compliance obligations under applicable provisions of the Code and Treasury Regulations. B. Responsible Parties The Finance Director of the City shall be the party primarily responsible for ensuring that the City successfully carries out its post-issuance compliance requirements under applicable provisions of the Code and Treasury Regulations. The Finance Director will be assisted by the staff of the Finance Department of the City and by other City staff and officials when appropriate. The Finance Director of the City will also be assisted in carrying out post- issuance compliance requirements by the following: 1) Bond Counsel (the law firm primarily responsible for providing bond counsel services for the City) 2) Municipal Advisor (the organization primarily responsible for providing financial advisor services to the City) 3) Paying Agent (the person, organization, or City officer primarily responsible for providing paying agent services for the City) 4) Rebate Analyst (the organization primarily responsible for providing rebate analyst services for the City) The Finance Director shall be responsible for assigning post-issuance compliance responsibilities to members of the Finance Department, other staff of the City, Bond Counsel, Paying Agent, and Rebate Analyst. The Finance Director shall utilize such other professional service organizations as are necessary to ensure compliance with the post-issuance compliance requirements of the City. The Finance Director shall provide training and educational resources to City staff who are responsible for ensuring compliance with any portion of the post-issuance compliance requirements of this Policy. C. Post-Issuance Compliance Actions The Finance Director shall take the following post-issuance compliance actions or shall verify that the following post-issuance compliance actions have been taken on behalf of the City with respect to each issue of tax-exempt governmental bonds issued by the City: 1) The Finance Director shall make sure that the Municipal Advisor prepares a transcript of principal documents 2) The Finance Director shall make sure that Bond Counsel files with the Internal Revenue Service (the “IRS”), within the time limit imposed by § 149(e) of the Code and applicable Treasury Regulations, an Information Return for Tax-Exempt Governmental Obligations, Form 8038-G 3) The Finance Director shall prepare an “allocation memorandum” for each issue of tax-exempt governmental bonds in accordance with the provisions of Treasury Regulations, § 1.148-6(d)(1), that accounts for the allocation of the proceeds of the tax-exempt bonds to expenditures not later than the earlier of:  Eighteen (18) months after the later of (A) the date the expenditure is paid, or (B) the date the project, if any, that is financed by the tax-exempt bond issue is placed in service; or 62 City of Chanhassen Financial Management Policies 36 | P a g e  The date sixty (60) days after the earlier of (A) the fifth anniversary of the issue date of the tax- exempt bond issue, or (B) the date sixty (60) days after the retirement of the tax-exempt bond issue. Preparation of the allocation memorandum will be the primary responsibility of the Finance Director (in consultation with the Municipal Advisor and Bond Counsel). 4) The Finance Director, in consultation with Bond Counsel, shall identify proceeds of tax-exempt governmental bonds that must be yield-restricted and shall monitor the investments of any yield- restricted funds to ensure that the yield on such investments does not exceed the yield to which such investments are restricted. 5) In consultation with Bond Counsel, the Finance Director shall determine whether the City is subject to the rebate requirements of § 148(f) of the Code with respect to each issue of tax-exempt governmental bonds. 6) In consultation with Bond Counsel, the Finance Director shall determine, with respect to each issue of tax- exempt governmental bonds of the City, whether the City is eligible for any of the temporary periods for unrestricted investments and is eligible for any of the spending exceptions to the rebate requirements. 7) The Finance Director shall contact the Rebate Analyst (and, if appropriate, Bond Counsel) prior to the fifth anniversary of the date of issuance of each tax-exempt governmental bond of the City and each fifth anniversary thereafter to arrange for calculations of the rebate requirements with respect to such tax- exempt governmental bonds. 8) If a rebate payment is required to be paid by the City, the Finance Director shall prepare or cause to be prepared the Arbitrage Rebate, Yield Reduction and Penalty in Lieu of Arbitrage Rebate, Form 8038-T, and submit such Form 8038-T to the IRS with the required rebate payment. 9) If the City is authorized to recover a rebate payment previously paid, the Finance Director shall prepare or cause to be prepared the Request for Recovery of Overpayments Under Arbitrage Rebate Provisions, Form 8038-R, with respect to such rebate recovery, and submit such Form 8038-R to the IRS. D. Procedures for Monitoring, Verification, and Inspections The Finance Director shall institute such procedures as the Finance Director shall deem necessary and appropriate to monitor the use of the proceeds of tax-exempt governmental bonds issued by the City, to verify that certain post-issuance compliance actions have been taken by the City, and to provide for the inspection of the facilities financed with the proceeds of such bonds. At a minimum, the Finance Director shall establish the following procedures: 1) The Finance Director shall monitor the use of the proceeds of tax-exempt governmental bonds to: (i) ensure compliance with the expenditure and investment requirements under the temporary period provisions set for in Treasury Regulations, § 1.148-2(e); (ii) ensure compliance with the safe harbor restrictions on the acquisition of investments set forth in Treasury Regulations, § 1.148-5(d); (iii) ensure that the investments of any yield-restricted funds do not exceed the yield to which such investments are restricted; and (iv) determine whether there has been compliance with the spend-down requirements under the spending exceptions to the rebate requirements set forth in Treasury Regulations, § 1.148-7. 2) The Finance Director shall monitor the use of all bond-financed facilities in order to: (i) determine whether private business uses of bond-financed facilities have exceeded the de minimus limits set forth in § 141(b) of the Code as a result of leases and subleases, licenses, management contracts, research contracts, naming rights agreements, or other arrangements that provide separate legal entitlements to nongovernmental persons; and (ii) determine whether private security or payments that exceed the de minimus limits set forth in § 141(b) of the Code have been provided by nongovernmental persons with respect to such bond-financed facilities. The Finance Director shall provide training and educational 63 City of Chanhassen Financial Management Policies 37 | P a g e resources to any City staff who have the primary responsibility for the operation, maintenance, or inspection of bond-financed facilities with regard to the limitation on the private business use of bond- financed facilities and as to the limitations on the private security or payments with respect to bond- financed facilities. 3) The Finance Director shall undertake the following with respect to each outstanding issue of tax-exempt governmental bonds of the City: (i) an annual review of the books and records maintained by the City with respect to such bonds; and (ii) an annual physical inspection of the facilities financed with the proceeds of such bonds, conducted by the Finance Director with the assistance of any City staff who have the primary responsibility for the operation, maintenance, inspection of such bond-financed facilities. E. Record Retention Requirements The Finance Director shall collect and retain the following records with respect to each issue of tax-exempt governmental bonds of the City and with respect to the facilities financed with the proceeds of such bonds:  Audited financial statements of the City  Appraisals, demand surveys, or feasibility studies with respect to the facilities to be financed with the proceeds of such bonds  Publications, brochures, and newspaper articles related to the bond financing  Trustee or paying agent statements  Records of all investments and the gains (losses) from such investments  Paying agent or trustee statements regarding investments and investment earnings  Reimbursement resolutions and expenditures reimbursed with the proceeds of such bonds  Allocations of proceeds to expenditures (including costs of issuance) and the dates and amounts of such expenditures (including requisitions, draw schedules, draw requests, invoices, bills, and cancelled checks with respect to such expenditures)  Contracts entered into for the construction, renovation, or purchase of bond-financed facilities  An asset list or schedule of all bond-financed depreciable property and any depreciation schedules with respect to such assets or property  Records of the purchases and sales of bond-financed assets  Private uses of bond-financed facilities that arise subsequent to the date of issue through leases and subleases, licenses, management contracts, research contracts, naming rights agreements, or other arrangements that provide special legal entitlements to nongovernmental persons and copies of any such agreements or instruments  Arbitrage rebate reports and records of rebate and yield reduction payments  Resolutions or other actions taken by the governing body subsequent to the date of issue with respect to such bonds  Formal elections authorized by the Code or Treasury Regulations that are taken with respect to such bonds  Relevant correspondence, including letters or emails, relating to such bonds  Documents related to guaranteed investment contracts or certificates of deposit, credit enhancement transactions, and financial derivatives entered into subsequent to the date of issue  Bidding of financial products for investment securities  Copies of all Form 8038-Ts, Form 8038-Rs, and Form 8038-CPs filed with the IRS and any other forms or documents filed with the IRS  The transcript prepared with respect to such tax-exempt governmental bonds, including but not limited to: o Official statements, private placement documents, or other offering documents 64 City of Chanhassen Financial Management Policies 38 | P a g e o Minutes and resolutions, orders, or ordinances or other similar authorization for the issuance of such bonds o Certification of the issue price of such bonds o Documents related to government grants associated with the construction, renovation, or purchase of bond-financed facilities  Documents related to government grants associated with the construction, renovation, or purchase of bond-financed facilities The records collected by the Finance Director shall be stored in any format deemed appropriate by the Finance Director and shall be retained for a period equal to the life of the tax-exempt governmental bonds with respect to which the records are collected (which shall include the life of any bonds issued to refund any portion of such tax- exempt governmental bonds or to refund any remaining bonds) plus three (3) years. The Finance Director shall also collect and retain reports of any IRS examination of the City or any of its bond financings. F. Remedies In consultation with Bond Counsel, the Finance Director shall become acquainted with the remedial actions (including redemption or defeasance) under Treasury Regulations, § 1.141-12, to be utilized in the event that private business use of bond-financed facilities exceeds the de minimus limits under § 141(b)(1) of the Code. In consultation with Bond Counsel, the Finance Director shall become acquainted with the Tax-Exempt Bonds Voluntary Closing Agreement Program described in Notice 2008-31, 2008-11 I.R.B. 592, to be utilized as a means for an issuer to correct any post-issuance infractions of the Code and Treasury Regulations with respect to outstanding tax-exempt bonds. G. Continuing Disclosure Obligations In addition to its post-issuance compliance requirements under applicable provisions of the Code and Treasury Regulations, the City has agreed to provide continuing disclosure, such as annual financial information and material event notices, pursuant to a continuing disclosure certificate or similar document (the “Continuing Disclosure Document”) prepared by Bond Counsel and made a part of the transcript with respect to each issue of bonds of the City that is subject to such continuing disclosure requirements. The Continuing Disclosure Documents are executed by the City to assist the underwriters of the City’s bonds in meeting their obligations under Securities and Exchange Commission Regulation, 17 C.F.R. § 240.15c2-12, as in effect and interpreted from time to time (“Rule 15c2-12”). The continuing disclosure obligations of the City are governed by the Continuing Disclosure Documents and by the terms of Rule 15c2-12. The Finance Director is primarily responsible for undertaking such continuing disclosure obligations and to monitor compliance with such obligations. H. Other Post-Issuance Actions If, in consultation with Bond Counsel, Municipal Advisor, Paying Agent, Rebate Analyst, the City Manager, the City Attorney, or the City Council, the Finance Director determines that any action not identified in this Policy must be taken by the Finance Director to ensure the continuing tax-exempt status of any issue of governmental bonds of the City, the Finance Director shall take such action if the Finance Director has the authority to do so. If, in consultation with Bond Counsel, Municipal Advisor, Paying Agent, Rebate Analyst, the City Manager, the City Attorney, or the City Council, the Finance Director and City Manager determine that this Policy must be amended or supplemented to ensure the continuing tax-exempt status of any issue of governmental bonds of the City, the City Manager shall recommend to the City Council that this Policy be so amended or supplemented. I. Taxable Governmental Bonds Most of the provisions of this Policy, other than the provisions of § 7, are not applicable to governmental bonds for which the interest is includable in gross income for federal income tax purposes. On the other hand, if an issue 65 City of Chanhassen Financial Management Policies 39 | P a g e of taxable governmental bonds is later refunded with the proceeds of an issue of tax-exempt governmental refunding bonds, then the uses of proceeds of the taxable governmental bonds and the uses of the facilities financed with the proceeds of the taxable governmental bonds will be relevant to the tax-exempt status of the governmental refunding bonds. Therefore, if there is any reasonable possibility that an issue of taxable governmental bonds may be refunded, in whole or in part, with the proceeds of an issue of tax-exempt governmental bonds then, for purposes of this Policy, the Finance Director shall treat the issue of taxable governmental bonds as if such issue were an issue of tax-exempt governmental bonds and shall carry out and comply with the requirements of this Policy with respect to such taxable governmental bonds. The Finance Director shall seek the advice of Bond Counsel as to whether there is any reasonable possibility of issuing tax- exempt governmental bonds to refund an issue of taxable governmental bonds. J. Qualified 501(c)(3) Bonds If the City issues bonds to finance a facility to be owned by the City but which may be used, in whole or in substantial part, by a nongovernmental organization that is exempt from federal income taxation under § 501(a) of the Code as a result of the application of § 501(c)(3) of the Code (a “501(c)(3) Organization”), the City may elect to issue the bond as “qualified 501(c)(3) bonds” the interest on which is exempt from federal income taxation under §§ 103 and 145 of the Code and applicable Treasury Regulations. Although such qualified 501(c)(3) bonds are not governmental bonds, at the election of the Finance Director, for purposes of this policy, the Finance Director shall treat such issue of qualified 501(c)(3) bonds as is such issue were an issue of tax-exempt governmental bonds and shall carry out and comply with the requirements of this Policy with respect to such qualified 501(c)(3) bonds. 66 City of Chanhassen Financial Management Policies 40 | P a g e CONDUIT DEBT POLICY A. Purpose The City is granted the power to issue conduit revenue bonds and other conduit revenue obligations under Minnesota Statutes, § 469.152-469.165, as amended, and Minnesota Statutes, Chapter 462C, as amended. The City expresses its support for the use of such financing but has reserved the right to approve or reject projects on a case-by-case basis. B. Criteria The following criteria have been developed as a guide for review of applications: 1) The project is to be compatible with the overall development plans and objectives of the City and neighborhood where the project is located. 2) New businesses locating in the City must show new tax base being generated by the project. 3) Locating in areas of the City that the City wishes to develop, redevelop, or which in any way complements any development plans or policy of the City, will constitute a prime purpose under these guidelines. It is also the City’s intent to assist in business expansions or relocations within the City where it can be shown that such would have a substantial, favorable impact on employment, tax base, or both. 4) It is the City’s intent to assist new or existing businesses in the acquisition of existing facilities, where such acquisition will maintain the stability of the tax base, employment, or both 5) The project must not put a burden on existing City services or utilities beyond that which can be reasonably and economically accommodated. 6) The applicant (and/or the lessee) must show sufficient equity in the project. Applicant must provide copies of all financing agreements for review by the City. 7) The credit rating and method of offering conduit bonds or notes of the City are important considerations. The City will not consider applications for such financings unless (i) the debt is rated investment grade by a nationally recognized rating agency or (ii) the debt is sold in a private placement. 8) Debt will be considered sold in a private placement (i) if no advertising or solicitation of the general public occurs, and (ii) if the bonds are initially sold to not more than ten purchasers (not including any underwriter or placement agent as a purchaser) and (iii) the City receives written certification from each initial purchaser (or each underwriter or placement agent based on its reasonable belief) that: (a) such purchaser has such knowledge and experience in financial and business matters that it is capable of evaluating the merits and the risks of the debt, and (b) such purchaser is not purchasing for more than one account or with a view to distributing the debt. 9) In addition, for a private placement either (a) all bonds or notes (except for one bond or note) must remain in minimum denominations of not less than $100,000, with the exception of charter schools which may have minimum denominations of $25,000 or (b) investment letters from not only each initial purchaser, but from any subsequent purchaser, must be obtained which contains the above-described certifications from the purchasers. 10) Any offering material for a private placement must prominently state in effect that: “THE CITY OF CHANHASSEN HAS NOT ASSUMED BY RESPONSIBILITY TO REVIEW THIS OFFERING MATERIAL AND HAS NO RESPONSIBILITY FOR ITS ACCURACY OR COMPLETENESS. THE CITY HAS NO FINANCIAL OBLIGATION OF ANY NATURE WITH RESPECT TO THE OFFERED BONDS.” 11) Finally, to qualify as a private placement, the financing documents must require annual financial statements from the benefited private party (or the ultimate provider of credit) to be delivered to each investor (or a trustee). 12) The term “conduit” refers to any type of City revenue obligation the proceeds of which are loaned to a private party and for which the City has no financial obligation. 67 City of Chanhassen Financial Management Policies 41 | P a g e 13) Applications for acquisition of or replacement of machinery and equipment will be discouraged unless in conjunction with a totally new business in Chanhassen, a physical plant expansion of an existing business, or where it is shown that the equipment acquisition is essential to the continued operation of the business in Chanhassen. Also, it is the City’s intent to assist where possible in the acquisition of pollution control equipment for any new or existing business being required to meet mandated standards. 14) A further permitted use under these guidelines are projects, whether profit or nonprofit, engaged in providing health care services, including hospitals, nursing homes, and related medical facilities, when either of the following findings can be made:  Number of new jobs is increased  The project would provide a facility or service considered desirable or necessary by the community 15) The City may allow for the designation of the issue as bank qualified if the City does not plan or foresee that it will need to issue more than $10 million in tax-exempt bonds in the given calendar year. C. Procedures The following procedures have been developed to facilitate the application for financing: 1) The applicant shall make an application for financing on forms available from the Finance Department of the City. The completed application is to be returned to the Finance Director, accompanied by the processing fee, whereupon the application will be forwarded to the City Council with a staff recommendation. Specific findings shall be made and recited regarding the criteria as well as satisfaction of public purposes of the applicable statutes. 2) The application cannot be considered be the City until tentative City Code findings and requirements have been made with respect to zoning, building plans, platting, streets, and utility services. 3) The applicant is to select qualified financial consultants and/or underwriters, as well as legal counsel, to prepare all necessary documents and materials. The City may rely on the opinion of such experts and the application shall be accompanied by a financial analysis (pro forma income statement, debt service coverage, mortgage terms, etc.) by the underwriter as to the economic feasibility of the project and the underwriter’s ability to market the financing. Financial material submitted is to also include most recent fiscal year-end, audited financial statements of the applicant and/or of any major lessee tenant, if readily available. 4) Further, in the case of the tax exempt mortgage placements, the applicant will be required to furnish the City, before passage of the final resolution, a comfort letter (but not necessarily a letter of commitment) from the lending institution, to the effect that said lending institution has reviewed the economic feasibility of the project, including the financial responsibility of the guarantors and find that, in their professional judgment, it is an economically viable project. 5) The applicant shall furnish along with the application, a description of the project, plat plan, rendering of proposed building, etc., and a brief description of the applicant company, all in such form as shall be required at the time of application. This data, as necessary, may be furnished to members of the City Council for background information. 6) If an allocation of bonding authority is required under Minnesota Statute, Chapter 474A, as amended, the applicant shall be required to pay any required application deposit as specified in Chapter 474A, without regard to whether the application fee or application deposit will be refunded. 7) The applicant shall covenant in the applicable conduit bond documents to comply with all applicable requirements of the Internal Revenue Code of 1986, as amended (the “Code”), and the applicable Treasury Regulations, including, but not limited to: (i) the arbitrage and rebate requirements of § 148 of the Code; and (ii) the qualified bond provisions of §§ 141(e), 142, 143, 144, and 145 of the Code. The applicant shall be the party responsible for monitoring the conduit bonds for compliance with such 68 City of Chanhassen Financial Management Policies 42 | P a g e requirements and to remediate nonqualified bonds in accordance with the requirements of the Code and applicable Treasury Regulations. The applicant shall be the party responsible for monitoring compliance with the requirements of § 148 of the Code. 8) The applicant shall covenant in the applicable conduit bond documents to reimburse the City for all costs paid or incurred by the City (including the fees of attorneys, financial advisors, accountants, and other advisors) as a result of the City’s response to or compliance with an audit, inspection, or compliance check (random or otherwise), by the Internal Revenue Service, the Minnesota Department of Revenue, the Minnesota Office of the State Auditor, or any other governmental agency with respect to the conduit bonds or the project financed with the proceeds of conduit bonds. D. Administrative Fees and Provisions The following administrative fees and provisions apply to the application for financing: 1) The City Council reserves the right to deny any application for financing at any stage of the proceedings prior to adopting the final resolution authorizing issuance of the industrial development financing. The City Council may waive any provision of this Conduit Debt Policy if the City Council determines that such waiver is in the best interests of the City. 2) The City is to be reimbursed, and held harmless, for and from any out-of-pocket costs related to the actual or proposed issuance of conduit revenue bonds. In addition, a nonrefundable processing fee of $2,500 must be submitted with the application. Upon closing, an administrative fee is due and payable to the City based on the following schedule:  On the first $20,000,000 0.50% of par  On portion in excess of $20,000,000 0.10% of par 3) In the case of a refinancing, the fee shall be calculated at 50% of the above schedule. The City will be reimbursed for any technical changes to a bond issue previously issued at 25% of the above schedule. 4) All applications and supporting materials and documents shall remain the property of the City. Note that all such materials may be subject to disclosure and/or public review under applicable provisions of State law. 5) The Finance Department shall report all conduit debt issues in the Annual Comprehensive Financial Report (ACFR) in accordance with Generally Accepted Accounting Principles and shall report any material events with regard to all conduit debt issued by the City, and still outstanding, to the City Council. 6) The applicant will be responsible for providing the City any required arbitrage reports, continuing disclosure reports, and annual financial statements after the issuance of the debt. 69 City of Chanhassen Financial Management Policies 43 | P a g e POLICIES AND PROCEDURES FOR FEDERAL AWARDS ADMINISTRATION Policies and Procedures – Federal Awards Administration Overview 1) Purpose – This manual has been prepared to document the policies and procedures for the administration of federal awards of City of Chanhassen (the “City”). The Office of Management and Budget (OMB) Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (Uniform Guidance) require all recipients and sub-recipients of federal funds to establish and maintain internal controls designed to reasonably ensure compliance with Federal laws, regulations, and program compliance requirements. Written policies and procedures are part of the necessary internal controls and are required as a precondition to receiving federal funds. These policies and procedures are intended to be sufficiently comprehensive to adequately meet such requirements. However, in no case are these policies and procedures intended to supersede or limit federal or state laws or regulations, or the provisions of individual grant agreements. 2) Hierarchy of Authority – In the event that conflicting guidance on the administration of Federal awards is available, the City has deemed Federal guidance to be most authoritative, followed by other State or local agencies. 3) Revisions – Guidance provided by the Federal government through the OMB UG - Uniform Grant Guidance Compliance Supplement are expected to be updated each year. Such updates are considered by the City as they become available, and policies and procedures will be revised accordingly. The City Manager, Finance Director, Assistant Finance Director, and designees are authorized and required to establish and document policies and procedures to ensure compliance with the provisions of federal and state regulations and the provisions of grant agreements. Such policies and procedures are documented herein, and will be reviewed and updated as necessary, but not less than once every three years. 4) Training – City finance personnel and its program administrators of Federal awards will be provided the necessary training through various mechanisms, such as:  Reviewing monthly State Aid Financial Status Report Updates, accompanying State aid payments  Consulting with the City’s auditors as needed for clarification  Participating in various training opportunities, such as those offered by appropriate professional organizations  Reviewing legislative updates from multiple sources  Membership and participation in meetings of the Government Finance Officers Association (GFOA)  Certification of respective positions by the GFOA, i.e.: Finance Director  Coordination and collaboration with individuals performing similar job functions at similar municipalities. 5) Compliance Failures – Compliance failures, whether noted internally by management or through the external audit process, will be addressed immediately by reviewing the reason for the failure with responsible personnel and devising an improved process to improve compliance in the future. 70 City of Chanhassen Financial Management Policies 44 | P a g e General Accounting and Financial Management It is the policy of the City to comply with all statutory, regulatory, and contractual requirements in the conduct of, and accounting for, its financial operations. The official books of record for the City will be maintained subject to the following provisions: 1) The City will account for its operations in accordance with the Generally Accepted Accounting Principles (GAAP) applicable to local units of government.  The City will comply with the Super Circular issued by the OMB, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200). 2) The City will comply with all contractual requirements detailed in its duly executed grant agreements with awarding agencies. 3) The City will contract annually with an independent CPA firm for the purposes of conducting the City’s external financial audit. To the extent that the City has expended federal awards in excess of the applicable single audit limit (currently $750,000), the City will have a single audit performed in accordance with OMB UG. 4) To ensure continuing compliance with all applicable accounting requirements, the City may, at its discretion, contract with a CPA firm to provide internal auditing and/or consulting services. 5) The Finance Director shall be responsible for the maintenance of all accounting and financial records (including journals, timesheets, bank statements, audit reports, and similar documents). Such records shall be retained as required by contractual or regulatory requirements. The City has adopted the state’s records retention schedule as its official guide for records storage, filing, and destruction. 6) The City and employees are required to comply with the City’s conflict of interest policy and report any potential conflicts of interest to their managers. No employee, officer or agent may participate in the selection, award or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such violations may result in appropriate discipline. See also the City policies on conflict of interest located in the City’s Personnel Policies and Procedures. 7) The City will request prior approval from federal agencies for program or budget changes. 8) The City has implemented the new federal purchasing procedures which follow:  Acquisitions for micro-purchases (below $25,000 or below $2,000 for construction subject to the Davis Bacon Act) may be awarded without soliciting bids if the City considers the price to be reasonable.  Procurements for Small Purchases (less than $175,000 - Minn. Stat. § 471.345), in which case quotations must be obtained from an adequate number of sources.  Procurements made by sealed bid should be made to the lowest responsible (not necessarily the lowest) bidder. 71 City of Chanhassen Financial Management Policies 45 | P a g e  Procurements made by competitive proposal must have standards to evaluate the selected recipient.  Procurement made by non-competitive proposals (to one vendor) may be used only if one of the following applies o the item is available only from a single source, o an emergency exists, o the federal agency expressly authorizes non-competitive proposals, or o competition is seen as inadequate after solicitation to vendors. 9) Other procurement procedures include:  Contractors who develop or draft specifications for bids are precluded from bidding on them.  The City must maintain oversight so that contractors perform work as bid.  Multiple provisions must be included in contracts (see Appendix II of grant procurement guidelines of super circular procedures).  If a contract is $25,000 or more the City must verify on http://www.sam.gov/ that the contractor is not on the suspended and debarred list for federal grants. 10) Procedures for inventory of federal capital purchases will be maintained by the Finance Department, with the help of the other departments if needed, and all items will be tracked annually. The Equipment and Real Property Management section of this document contains additional procedures. 11) The Finance Director (or designee) or the City Manager are required to certify expenditures. Purchasing and Procurement It is the policy of the City to ensure that all disbursements of City funds are properly reviewed and authorized, and consistent with sound financial management principles, and made in compliance with all applicable federal, state, and local laws. To meet these objectives, all disbursements of City funds shall be subject to the following provisions, to the extent that they do not conflict or contradict with any specific federal, state, or local law or Council policies (the most specific or restrictive law, policy or procedure will be followed): 1) Substantial state and federal requirements exist pertaining to standards of conduct and conflict of interest. It is the intent of the City for all employees, officers, or agents to conduct all activities associated with procurements in compliance with the highest ethical standards, including the avoidance of any real or perceived conflict of interest. It is also the intent of the City to impose appropriate sanctions or disciplinary actions, including but not limited to termination and/or prosecution, for any employees or officers who violate any of these requirements. 2) The City avoids the acquisition of unnecessary or duplicative items. Additionally, the City considers consolidating or breaking out procurements to obtain a more economical purchase. And, where appropriate, the City makes an analysis of leases versus purchase alternatives, and other appropriate analyses to determine the most economical approach. 3) To foster greater economy and efficiency, the City enters into state and local intergovernmental agreements where appropriate for procurement or use of common or shared goods and services. This includes cooperative purchasing agreements where practical and beneficial. Depending on the purchase requested, 72 City of Chanhassen Financial Management Policies 46 | P a g e the City may purchase it from a cooperative or inter-local agreement if the price is competitive and the goods or service are needed in a timely manner. The Finance Director and the City Manager will make this determination. 4) The City awards contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. The City considers such matters as contractor integrity and business ethics, compliance with public policy, ability to complete the project on time and in accordance with specifications, record of past performance, and the contractor’s financial and technical resources. 5) The City will award a contract to a contractor who has the appropriate experience, expertise, qualifications, and any required certifications, necessary to perform the work. Contractors should also have the financial resources to sustain the project while the initial work is being completed and during each service period until he or she submits invoices for payment to the City as work is completed. Contractors should have the proper equipment or the capability to subcontract for the proper equipment necessary to complete the contracted work. 6) Debarment and Suspension: The City will not subcontract with or award subgrants to any person or company who is debarred or suspended from receiving federal funds. The Finance Director, or designee thereof, is required to check for excluded parties at the System for Award Management (SAM) website before any procurement transaction paid with federal funds. This list is located at: http://www.sam.gov/. 7) All procurement transactions paid with federal funds are conducted in a manner providing full and open competition. In an environment of full and open competition, no proposer or bidder has a competitive advantage over another. All potential proposers and bidders must be provided the same information and have the same opportunity to submit a bid or proposal. Providing a competitive advantage to one or more potential proposers or bidders over another can open the potential for disputes and lawsuits that can be costly and can significantly delay the completion of projects. 8) To ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals (RFP) are excluded from competing for such procurements. The City does not engage in the following situations that may restrict full and open competition, including but not limited to:  Placing unreasonable requirements on firms in order for them to qualify to do business  Requiring unnecessary experience and excessive bonding  Noncompetitive pricing practices between firms or between affiliated companies  Noncompetitive contracts to consultants that are on retainer contracts  Organizational conflicts of interest  Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement  Any arbitrary action in the procurement process  The City conducts federal procurements in a manner that prohibits the use of statutorily or administratively imposed state or local geographical preferences in the evaluation of 73 City of Chanhassen Financial Management Policies 47 | P a g e bids or proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference. 9) All solicitations will incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description will not, in competitive procurements, contain features which unduly restrict competition. The description will include a statement of the qualitative nature of the material, product, or service to be procured and, when necessary, will set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications will be avoided if possible. 10) The City will make independent estimates of the goods or services being procured before receiving bids or proposals to get an estimate of how much the goods and services are valued in the current market. To accomplish this, after bids and proposals are received, but before awarding a contract, the City conducts either a price analysis or a cost analysis, depending on the type of contract, in connection with every procurement with federal funds in excess of $175,000. 11) The City takes all necessary affirmative steps to assure that minority businesses and women’s business enterprises, and labor surplus area firms are used when possible. To accomplish this, the City uses the following required affirmative steps:  Placing qualified small and minority businesses and women’s business enterprises on solicitation lists.  Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources.  Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises.  Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises.  Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.  Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed above. 12) Federal methods provide for procurement by micro-purchase. Micro-purchase is a purchase of supplies or services using simplified acquisition procedures, the aggregate amount of which does not exceed $25,000. The micro-purchase method is used to expedite the completion of its lowest-dollar small purchase transactions and minimize the associated administrative burden and cost. 13) Small purchase procedures may be used in those relatively simple and informal procurement methods for securing nonprofessional services, supplies, or other property that do not cost more than $175,000. 74 City of Chanhassen Financial Management Policies 48 | P a g e 14) Sealed bids ($175,000, formal advertising, price is a major factor). Requirements for sealed bids: a. The invitation for bids will be publicly advertised and bids must be selected from an adequate number of known suppliers, providing them sufficient response time prior to the date set for opening the bids. b. The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services for the bidder to properly respond. c. All bids will be publicly opened at the time and place prescribed in the invitation for bid. d. A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. e. Any or all bids may be rejected if there is a sound documented reason. 15) Competitive proposal (> $175,000, fixed price or cost reimbursement, RFP with evaluation methods). Requirement for competitive proposal procedures: a. RFPs must be publicized requests and identify all evaluation factors and their relative importance. b. Proposals must be solicited from an adequate number of qualified sources. c. The organization must have a written method for conducting technical evaluations of the proposals received and for selecting recipients. d. Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program. e. The organization may only use qualification-based methods, whereby competitors' qualifications are evaluated, and the most qualified competitor is selected, in the procurement of architectural/engineering professional services. 16) Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used when using federal funds only when one or more of the following circumstances apply: a. The item is available only from a single source. This must be documented. b. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation. c. Any federal awarding agency expressly authorizes noncompetitive proposals in response to a written request from the City. d. After solicitation of a number of sources, competition is determined inadequate. 17) Time and materials type contract means a contract whose cost to the City is the sum of the actual costs of materials, and direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. The City may use a time and materials type contract paid with federal funds in accordance with the above only  After a determination that no other contract is suitable; and  If the contract includes a ceiling price that the contractor exceeds at its own risk. 18) The City ensures that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. The City accomplishes this by conducting internet searches, including using vendor 75 City of Chanhassen Financial Management Policies 49 | P a g e searches, and by using other less technologically advanced tools to locate and identify potential contractors. Federal guidelines are followed regarding the number of bids required. 19) If bids are required, the City requires that construction or facility improvement contracts, or subcontracts exceeding $175,000, include a bid guarantee equivalent to 5% of the bid price from each bidder (such as bid bond or certified check), a performance bond on the part of the contractor for 100 percent of the contract price, and a payment bond on the part of the contractor for 100 percent of the contract price. Note: The City’s purchasing policy does not apply to procurement by contractors or subcontractors on projects, federally supported or otherwise. Payroll and Timekeeping The following provisions apply to the payment of employees and recording of time and effort (as required) in accordance with OMB UG: 1. The payroll records must be supported by a system of internal control which provides reasonable assurance that the charges are accurate, allowable, and properly allocated. Hourly employees record time on an electronic timekeeping system each day, with the following information: a. The total number of hours actually worked each day b. The use of any holiday, personal, vacation, sick, or other approved time off with pay c. The total number of hours to be paid d. An allocation of those hours to each program or department for which work was performed, when necessary e. The approval of the employee and his/her supervisor for each payroll period The allocation of hours between programs or departments should be based on the actual hours worked, and not be based on available budgets, or predetermined allocation schedules. 2. It is the responsibility of the employee being charged to a federal award(s) to clarify documentation requirements with the City Manager or Finance Director and provide appropriate documentation to the Assistant Finance Director as it becomes available. The employee should retain a copy of the documentation for his/her personal records. In the event that an after-the-fact correction is necessary to an employee’s timesheet due to errors in the allocation of time worked, such corrections must be submitted to the Assistant Finance Director and approved in writing by both the employee and his/her supervisor. Salaried employees charged to a federal grant will document time and effort as follows: the employee may document time and effort using a timesheet as described above. Timesheets must account for the total activity for which the employee is compensated and be signed by the employee. It will not be acceptable for timesheets to include the hours worked on Federal grants only. a. It is the responsibility of the employee being charged to a federal award(s) to clarify documentation requirements with the Finance Director, or designee and provide appropriate documentation to the Assistant Finance Director as it becomes available. The employee should retain a copy of the documentation for his/her personal records. 76 City of Chanhassen Financial Management Policies 50 | P a g e Certifications should never be signed prior to the end date of the payroll period being certified. Each certification should be provided to the Finance Department when available. Grant Administration The following policies and procedures will also be applied to the extent that they do not conflict with or contradict any existing Council policies: 1. Grant Development, Application, and Approval – a. Legislative Approval – The point at which legislative approval is required is determined by the requirements of the grant program. If the grant must be submitted by “an individual authorized by the legislative body”, then City Council approval is required prior to submitting the application. If such legislative approval is not specifically required by the written terms of the grant, then the City Manager or designee may, at his or her discretion, approve grant applications. b. Matching Funds – Grants that require cash local matches must be coordinated through the Finance Department. At a minimum, funds must be identified within the existing budget to provide the match, or a budget amendment will be required. Depending on the nature of the grant, there may also be some policy implications that will bear discussion. (For example, will the grant establish a level of service that cannot be sustained once the grant funds are depleted?) In all cases involving matching funds, the grant applicant should contact the Finance Department to determine the strategy for securing matching funds. Refer to the section within this manual titled “Matching, Level of Effort, and Earmarking” for additional information on compliance with the provisions of the OMB UG. c. Grant Budgets – Most grants require the submission of an expenditure budget. The Finance Director will review this portion of the grant request prior to submission. A technical review may reveal inconsistencies in the calculations, cost centers that might have been overlooked, or identify reimbursable expenses of which program staff may not be aware—particularly for indirect costs. 2. Grant Program Implementation – a. Notification and Acceptance of an Award – Official notification of a grant award is typically sent by a funding agency to the official (City Grant Official) designated in the original grant proposal. However, the authorization to actually spend grant funds is derived from the City Council through the approval of a grant budget. Such notification should also be directed to the Finance Department. Adoption of the grant budget as a component of the City-wide operating budget is deemed to be sufficient approval. b. Establishment of Accounts – The department that obtained the grant will provide the Finance Director with information needed to establish revenue and expense accounts for the project, as well as other codes needed for tracking purposes. Ordinarily, this information will include a copy of a summary of the project and detail of the full project budget. 77 City of Chanhassen Financial Management Policies 51 | P a g e c. Purchasing Guidelines – All other City purchasing guidelines apply to the expenditure of grant funds. The use of grant funds does not exempt any purchase from normal purchasing requirements. All typical paperwork and bidding requirements as well as normal staff approvals apply. When in doubt, the City Grant Official should contact the Finance Director for further assistance. 3. Financial and Budgetary Compliance – a. Monitoring Grant Funds – Departments may use some internal mechanism (such as a spreadsheet) to monitor grant revenues, expenditures, and budgetary compliance, at the grant level. The Finance Director maintains this information in financial software system as well; this is the City’s “official” accounting system. City Grant Officials are strongly encouraged to use financial software reports provided by the Finance Department for their grant tracking. If any “off-system” accounting records are maintained, it is the responsibility of the City Grant Official to ensure that the program’s internal records agree to the City’s accounting system. b. Fiscal Years – Occasionally, the fiscal year for the granting agency will not coincide with the City’s fiscal year. This may require adjustments to the City’s internal budget accounts and interim financial reports as well as special handling during fiscal year-end close. It is the responsibility of the City Grant Official to bring such discrepancies to the attention of the Finance Department at the time the grant accounts are established. c. Grant Budgets –The terms of each specific grant will dictate whether any budget transfers between budgeted line items will be permitted. In no case will the City Grant Official be authorized to exceed the total budget authority provided by the grant. If grant funds have not been totally expended by fiscal year-end, it is the responsibility of the City Grant Official to notify the Finance Director that budget funds need to be carried forward to the new fiscal year, and to confirm the amounts of such carryforwards. Carryforwards of grant funds will be subjected to maximum allowable amounts/percentages based on the grant award agreement and/or the OMB UG. Capital Assets – The City is responsible for maintaining an inventory of assets purchased with grant funds. The city is accountable for them and must make them physically available for inspection during any audit. The City Council must approve of any sale of these assets. Customarily, the proceeds of the sale can only be used on the grant program that purchased them. (Refer to the specific regulations governing the original grant). The Finance Director will coordinate this grant requirement. All transactions that involve the acquisition or disposal of grant funded capital assets must be immediately brought to the attention of the Finance Director. Refer to the City’s separate Capital Assets policy and the section of this manual titled Equipment and Real Property Management for additional information. Record Keeping – d. Audit Work-papers – The City’s external auditors audit all grants at the end of each fiscal year. Finance Department staff will prepare the required audit work- papers. City Grant Officials may be asked to assist in this process, if necessary. 78 City of Chanhassen Financial Management Policies 52 | P a g e e. Record Keeping Requirements – Grant record keeping requirements may vary substantially from one granting agency to another. Consequently, a clear understanding of these grant requirements at the beginning of the grant process is vital. The Finance Department will maintain copies of all grant draw requests and approved grant agreements (including budgets). The City Grant Official should maintain all other records. 4. Other Guidelines – Specific information on policies and procedures related to compliance with the provisions of the OMB UG are addressed in this manual and should be considered along with the information in this section. Year-end Closing and Reporting The following provisions govern the year-end close-out process of the City for purposes of external financial reporting: 2. To the extent that the City is required to have a single audit completed in accordance with OMB UG, the City will accumulate the information necessary to prepare a Schedule of Expenditures of Federal Awards (SEFA) in accordance with Federal and State requirements. This schedule will be characterized as follows: a. The schedule will include all federal financial assistance, including grants, contracts, property, loans, loan guarantees, interest subsidies, cooperative agreements, insurance, or direct appropriations. Amounts will be reported whether received directly from the Federal government or through a pass- through agency (if the city is determined to be a sub-recipient and not a vendor). b. The schedule will be prepared on the same basis of accounting as the related financial statements. c. Federal programs will be listed by Federal Agency. For program clusters, the schedule will provide the cluster name, individual federal programs in each cluster, and the name of the federal agency. Totals will be provided for each cluster. d. Total Federal awards expended for each federal program will be listed along with the Assistance Listing Number, pass-through entity name (if applicable) and pass-through entity number (if applicable). Such information will agree to the award documentation. e. If the Assistance Listing Number of a Federal award cannot be reasonably determined, it shall be reported in the schedule using the two-digit prefix for the related Federal agency, followed by “UNKNOWN”. f. In addition to current year expenditures, the schedule will list approved award/grant amount, accrued/deferred revenue at the beginning of the year, current year cash received, current year actual expenditures, and accrued/deferred revenue at the end of the year. If expenditures were incurred relative to this award in prior year(s), this amount should be disclosed as memorandum-only. 79 City of Chanhassen Financial Management Policies 53 | P a g e g. Any adjustments to prior year awards, expenditures, and balances (including transfers between grants) will be disclosed in the footnotes to the schedule. h. Accrued/deferred revenue in the schedule shall agree to the amounts recorded as receivables/deferrals in the related financial statements. i. To the extent that a separate line item is included in the financial statements for federal revenue, this amount shall agree to expenditures in the schedule. Any reconciling items will be disclosed in the footnotes to the schedule. j. To the extent that amounts are passed through to sub-recipients, the schedule will provide the total amount for each federal program that was provided to subrecipients. k. The notes to the schedule will include significant accounting policies used to prepare the schedule, balances of any loans and loan guarantees that are outstanding at the end of the audit period, and whether the auditee has elected to use the 10% de minimis cost rate. Additional Federal Awards Compliance Requirements Some of the Federal awards received by the City are passed-through the State of Minnesota. Management will consider both the OMB UG and any applicable compliance requirements as set forth by the State of Minnesota. General Information Source of Information – Each year the OMB issues a comprehensive document on the compliance requirements each grant recipient is obligated to follow in general terms, along with program-specific guidance on various grant awards. There are 12 compliance requirements identified, each of which is considered individually in this manual. The following pages document the policies and procedures of the City related to compliance with such procedures, as applicable. In each year that the City is subject to a single audit, applicable compliance requirements are expected to be tested in detail by the City’s independent auditors. Objectives – The objectives of most compliance requirements are generic in nature. While the criteria for each program may vary, the main objective of the compliance requirement is relatively consistent across all programs. As such, the policies and procedures of the City have been based on the generic sense of the compliance requirement. For selected compliance requirements, this manual addresses the specific regulations applicable to individual grants. This is not intended to imply that a program is not subject to such policies if it is not specifically mentioned here. It is the intent of the City that all Federal awards are subject to the following policies and procedures. Controls over Compliance – In addition to creating policies and procedures over compliance with provisions of Federal awards, the City has implemented internal controls over such compliance, generally in the form of 80 City of Chanhassen Financial Management Policies 54 | P a g e administrative oversight and/or independent review and approval. To document these control activities, all independent reviews must be signed/initialed and dated. Documentation – The City will maintain adequate documentation to support both the compliance with applicable requirements as well as internal controls over such compliance. This documentation will be provided to the City’s independent auditors and/or pass-through grantor agencies, as requested, during the single audit and program audits. Activities Allowed/Unallowed and Allowable Costs/Cost Principles Source of Governing Requirements – The requirements for activities allowed or unallowed are contained in program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The requirements for allowable costs/cost principles are contained in 2 CFR 200 Subpart E, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. To ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. All grant expenditures will be in compliance with OMB Circular 2 CFR 200, Subpart E, State law, City policy, and the provisions of the grant award agreement, which will also be considered in determining allowability. Grant funds will only be used for expenditures that are considered reasonable and necessary for the administration of the program. 2. Grant expenditures will be approved by department heads/City Grant Officials initially through the purchasing process and again when the bill or invoice is received. This will be evidenced by signature or initials and date on the invoice or by an approval documented via email. Accounts payable disbursements will not be processed for payment by the Finance Department until necessary approval has been obtained. 3. Payroll costs will be documented in accordance with 2 CFR 200 Subpart E as described in the section of this manual titled “Payroll and Timekeeping”. 4. An indirect cost rate will only be charged to the grant to the extent that it was specifically approved through the grant budget/agreement. When allowable, indirect costs will be charged based on the Cost Allocation Plan of the City. Cash Management Source of Governing Requirements – The requirements for cash management are contained in OMB UG 2 CFR 200.302 & 305, program legislation, Federal awarding agency regulations, and the terms and conditions or the award. To ensure compliance with these requirements, the City has implemented the following policies and procedures: 81 City of Chanhassen Financial Management Policies 55 | P a g e 1. Many of the City’s grants are awarded on a reimbursement basis. As such, program costs will be expended and disbursed prior to requesting reimbursement from the grantor agency. 2. Cash draws will be initiated by the Assistant Finance Director who will determine the appropriate draw amount. Documentation of how this amount was determined will be retained and signed/dated. 3. For state grants, the physical draw of cash will be processed through SWIFT (Minnesota’s State-wide Integrated Financial Tools payment system) or through the means prescribed in the grant agreement. 4. Supporting documentation from SWIFT or a copy of the cash draw paperwork will be filed along with the approved paperwork described above and retained for audit purposes. 5. When cash is received in advance or drawn, the City will work to minimize time lapse between transfer of funds and disbursement by the City. Eligibility Source of Governing Requirements – The requirements for eligibility are contained in program legislation, Federal awarding agency regulations, and the terms and conditions of the award. Federal grants will only benefit those individuals and/or groups of participants that are deemed to be eligible. Equipment and Real Property Management Source of Governing Requirements – The requirements for equipment are contained in OMB UG 2 CFR 200.310- 316, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The following policies and procedures will also be applied to the extent that they do not conflict with or contradict any existing Council policies: 1. All equipment will be used in the program for which it was acquired or, when appropriate and allowable, other Federal programs. 2. When required, purchases of equipment will be pre-approved by the grantor or pass-through agency. The Finance Director, or designee will be responsible for ensuring that equipment purchases have been previously approved, if required, and will retain evidence of this approval. 3. Equipment records will be maintained, and an appropriate system shall be used to safeguard equipment, as described in the City’s separate Capital Asset policy. Equipment should be assigned to a program and physical location on the inventory. If such equipment is moved, it will be noted and adjusted in the City’s capital assets records. 4. When equipment is no longer needed for a Federal program, it may be retained or sold with the Federal agency having a right to a proportionate amount of the current fair market value. Proper sales procedures shall be used that provide for competition to the extent practicable and result in the highest possible return. 82 City of Chanhassen Financial Management Policies 56 | P a g e The City will keep, sell, or otherwise dispose of the equipment with no further obligation unless disposal requirements are specifically detailed in the grant. A record of the date, reason, and method of disposal or sale will be maintained with the equipment inventory. 5. Equipment purchased will be identified and kept in the City’s capital asset records. The records shall include the following: a. Asset number and description of the equipment b. Location of the equipment c. Depreciation method & years of expected life d. Acquisition date e. Cost of the equipment f. Equipment classification (land, building, equipment, etc.) g. Make, Model, & Serial number or other identification number h. Vendor and invoice number to purchase equipment i. Disposition data including date and sale price of the equipment A physical inventory of the property will be conducted periodically, and the results will be reconciled with the capital asset listing. A control system will be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft will be investigated. Maintenance procedures are in place to keep the equipment in good condition. Matching, Level of Effort and Earmarking Source of Governing Requirements – The requirements for matching are contained in OMB UG 2 CFR 200.306, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The requirements for level of effort and earmarking are contained in program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The City defines “matching”, “level of effort”, and “earmarking” consistent with the definitions of the OMB UG: Matching or cost sharing includes requirements to provide contributions (usually non-Federal) or a specified amount or percentage of match Federal awards. Matching may be in the form of allowable costs incurred or in-kind contributions (including third-party in-kind contributions). Level of effort includes requirements for (a) a specified level of service to be provided from period to period, (b) a specified level of expenditures from non-Federal or Federal sources for specified activities to be maintained from period to period, and (c) Federal funds to supplement and not supplant non- Federal funding of services. Earmarking includes requirements that specify the minimum and/or maximum amount of percentage of the program’s funding that must/may be used for specified activities, including funds provided to sub-recipients. Earmarking may also be specified in relation to the types of participants covered. 83 City of Chanhassen Financial Management Policies 57 | P a g e To ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. Compliance with matching, level of effort, and earmarking requirements will be the responsibility of the Finance Director. 2. Adequate documentation will be maintained to support compliance with matching, level of effort, and earmarking requirements. Such information will be made available to City administration, auditors, and pass- through or grantor agencies, as requested. 3. Maintenance of effort for grants through the State Minnesota will be determined at the State level. Period of Performance Source of Governing Requirements – The requirements for period of performance of Federal funds are contained in OMB UB 2 CFR 200.038-309 & 344, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. To ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. Costs will be charged to an award only if the obligation was incurred during the funding period (unless pre- approved by the Federal awarding agency or pass-through grantor agency). 2. All obligations will be liquidated not later than 120 days after the end of the funding period (or as specified by program legislation). 3. Compliance with period of performance requirements will initially be assigned to the individual approving the allowability of the expense/payment. This will be subject to review and approval by the Finance Department as part of the payment processing. Procurement, Suspension and Debarment Source of Governing Requirements – The requirements for procurement are contained in OMB UG 2 CFR 180, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The requirements for suspension and debarment are contained OMB UG 2 CFR 180, program legislation, Federal awarding agency regulations; and the terms and conditions of the award. To ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. Purchasing and procurement related to Federal grants will be subject to the general policies and procedures of the City (described in the section of this manual titled “Purchasing and Procurement”). 2. Contract files will document the significant history of the procurement, including the rationale for the method of procurement, selection of the contract type, contractor selection or rejection, and the basis of contract price. 84 City of Chanhassen Financial Management Policies 58 | P a g e 3. The Finance Director will be responsible for determining whether the City is entering into a transaction that may be subject to suspension or debarment procedures and executing appropriate oversight and control activities at that time. The Finance Director, or designee thereof, is required to check for excluded parties at the System for Award Management (SAM) website: http://www.sam.gov/. Program Income Source of Governing Requirements – The requirements for program income are found in OMB UG 2 CFR 200.307, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. To ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. Program income will include (but will not be limited to): income from fees for services performed, the use or rental of real or personal property acquired with grant funds, the sale of commodities or items fabricated under a grant agreement, and payments of principal and interest on loans made with grant funds. It will not include interest on grant funds unless otherwise provided in the Federal awarding agency regulations or terms and conditions of the award. 2. The City will allow program income to be used in one of three methods: a. Deducted from outlays b. Added to the project budget c. Used to meet matching requirements In the absence of specific guidance in the Federal awarding agency regulations or the terms and conditions of the award, program income shall be deducted from program outlays. 3. Program income, when applicable, will be accounted for as a revenue source in the same project code as the Federal grant. Sub-recipient Monitoring The City will ensure that every subaward is clearly identified to the subrecipient as a subaward and includes the following information at the time of the subaward and, if any of these data elements change, include the changes in subsequent subaward modification. Required information includes: 1. Federal Award Identification. a. Subrecipient name (which must match the name associated with its unique entity identifier) b. Subrecipient's unique entity identifier c. Federal Award Identification Number (FAIN) d. Federal Award Date (see §200.39 Federal award date) to the recipient by the Federal agency e. Subaward Period of Performance Start and End Date f. Amount of Federal Funds Obligated by this action by the pass-through entity to the subrecipient 85 City of Chanhassen Financial Management Policies 59 | P a g e g. Total Amount of Federal Funds Obligated to the subrecipient by the pass-through entity including the current obligation h. Total Amount of the Federal Award committed to the subrecipient by the pass-through entity i. Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA) j. Name of Federal awarding agency, pass-through entity, and contact information for awarding official of the Pass-through entity k. Assistance Listing Number and Name; the pass-through entity must identify the dollar amount made available under each Federal award and the Assistance Listing number at time of disbursement l. Identification of whether the award is R&D m. Indirect cost rate for the Federal award (including if the de minimis rate is charged per §200.414 Indirect (F&A) costs) The City will perform a written risk assessment of each subrecipient, evaluating their risk of noncompliance with Federal statutes, regulations, and the terms and conditions of the subaward for purposes of determining the appropriate subrecipient monitoring described in 2 CFR 200.332. This evaluation of risk may include consideration of such factors as the following: a. The subrecipient’s prior experience with the same or similar subawards b. The results of previous audits including whether or not the subrecipient receives single audit in accordance with 2 CFR Part 200, Subpart F, and the extent to which the same or similar subaward has been audited as a major program c. Where the subrecipient has new personnel or new or substantially changed systems d. The extent and results of federal award agency monitoring (e.g., if the subrecipient also receives federal awards directly from a federal awarding agency) The City will monitor the activities of the subrecipient as necessary to ensure that the subaward is used for authorized purposes, in compliance with Federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved. The City will verify that every subrecipient is audited as required by OMB UG 2 CFR 200 Subpart F when it is expected that the subrecipient’s Federal awards expended during the respective fiscal year equaled or exceeded the threshold. Special Tests and Provisions To ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. The Finance Director will be assigned the responsibility for identifying financial-related compliance requirements for special tests and provisions, determining approved methods for compliance, and retaining any necessary documentation. Program-related compliance requirements will be the responsibility of the department administering the grant. 86 City of Chanhassen Financial Management Policies 60 | P a g e Acronyms CFR – Code of Federal Regulations FFATA – Federal Funding Accountability and Transparency Act GAAP – Generally Accepted Accounting Principles GFOA – Government Finance Officers Association OMB – Office of Management and Budget RFP – Request for Proposal SAM – System for Award Management SEFA – Schedule of Expenditures of Federal Awards 87 City of Chanhassen Financial Management Policies 61 | P a g e ELECTED OFFICIALS OUT-OF-STATE TRAVEL POLICY Minnesota Statutes § 471.661 requires that the governing body of a city must have on record a policy that controls travel outside the state of Minnesota for elected officials. The policy must be recorded vote and specify: 1) When travel outside the state is appropriate; 2) Applicable expense limits; and 3) Procedures for approval of the travel. The policy must be made available for public inspection upon request. Subsequent changes to the policy must be approved by a recorded vote. A recorded vote means the names of each member present and the manner of their vote on the matter or question before the Council is recorded in the minutes. A. Purpose The City of Chanhassen recognizes that its elected officials may at times receive value from traveling out of state for workshops, conferences, events, and other assignments. This policy sets forth the conditions under which out- of-state travel will be reimbursed by the City. B. General Guidelines 1) The event, workshop, conference, or assignment must be approved in advance by the City Council in an open meeting and must include an estimate of the cost of travel. In evaluating the out-of-state travel request, the Council will consider the following:  Whether the elected official will be receiving training on issues relevant to the City or to his or her role as the Mayor or Council Member  Whether the elected official will be meeting and networking with other elected officials from around the country to exchange ideas on topics of relevance to the City or on the official roles of local officials  Whether the elected official will be viewing a city facility or function that is similar in nature to one that is currently operating or under consideration by the City where the purpose of the trip is to study the facility or function to bring back ideas for the consideration of the full council  Whether the elected official has been specifically assigned by the Council to visit another city for the purpose of establishing a goodwill relationship such as a “sister-city” relationship  Whether the elected official has been specifically assigned by the Council to testify on behalf on the City at the United States Congress or to otherwise meet with federal officials on behalf of the City  Whether the City has sufficient funding available in the budget to pay the cost of the trip 2) No reimbursements will be made for attendance at events sponsored by or affiliated with political parties. 3) The City may make payments in advance for airfare, lodging, and registration if specifically approved by the Council. Otherwise, all payments will be made as reimbursements to the elected official. 4) The City will reimburse for transportation, lodging, meals, registration, and incidental costs using the same procedures, limitations, and guidelines outlined in the City’s policy for travel by City employees. 5) The elected official must complete an expense report form and attach original receipts for all expenses, including lodging, airfare, and meals. The expense form shall be submitted to the Finance Department for payment. 6) The City will not reimburse for alcoholic beverages, personal telephone call, costs associated with the attendance of a family member, rental of luxury vehicles, meal expenses (for meals included in the cost of registration), or recreational expenses, such as golf or tennis. 88 City Council Item November 14, 2022 Item Future Work Session Schedule File No.Item No: A.3 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Kim Meuwissen, City Clerk Reviewed By Laurie Hokkanen SUGGESTED ACTION N/A Motion Type N/A Strategic Priority N/A SUMMARY The City Council is tentatively scheduled to hold the following work sessions: November 28, 2022 1. CIP, Debt & Utility Rate Study Discussion (if needed) 2. Tree Policy Discussion December 12, 2022 BACKGROUND Staff or the City Council may suggest topics for work sessions. Dates are tentative until the meeting agenda is published. Work sessions are typically held at 5:30 pm on the second and fourth Monday of 89 each month in conjunction with the regular City Council meeting, but may be scheduled for other times as needed. DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 90 City Council Item November 14, 2022 Item Approve City Council Minutes dated October 24, 2022 File No.Item No: D.1 Agenda Section CONSENT AGENDA Prepared By Kim Meuwissen, City Clerk Reviewed By SUGGESTED ACTION "The Chanhassen City Council approves the City Council minutes dated October 24, 2022." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS City Council Work Session Minutes dated October 24, 2022 91 City Council Regular Meeting Minutes dated October 24, 2022 92 CHANHASSEN CITY COUNCIL WORK SESSION MINUTES OCTOBER 24, 2022 COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilman McDonald, Councilwoman Rehm, Councilwoman Schubert, and Councilman Campion. COUNCIL MEMBERS ABSENT: None. STAFF PRESENT: Laurie Hokkanen, City Manager; Matt Unmacht, Assistant City Manager; Charlie Howley, City Engineer/Public Works Director; George Bender, Assistant City Engineer; Jerry Ruegemer, Park & Recreation Director; Erik Henriksen, Project Engineer; and Kim Meuwissen, City Clerk. PUBLIC PRESENT: None. Mayor Ryan called the Work Session to order at 5:30 p.m. SPEED LIMIT DISCUSSION At the August 8, 2022 Work Session, the City Council asked staff to research lowering the speed limit from 30 mph to 25 mph to include what other cities have done and their results, how it would affect Chanhassen streets, study it, take a position on it, and document it. Public Works Director/City Engineer Charlie Howley performed the requested research and presented his findings. He noted that this process related to residential neighborhood streets only, not collector streets. Ties to the City’s Strategic Priorities include Operational Excellence (operational effectiveness) and Communications (improved understanding of city operations – survey results). In 2019, State Legislature gave municipalities the authority to govern speed limits on streets under their jurisdiction. Prior to this authority, changes were required to be approved by MnDOT. Mr. Howley noted that all four states surrounding Minnesota all have a statewide 25 mph speed limit. A map of Chanhassen was displayed showing local speed study data that indicates there is not a pronounced speeding issue in the City. Also, crash data over the past 10 years where speeding was the cause totaled 5 crashes, none of which were with pedestrians. Mr. Howley then presented a video prepared by the City of Crystal showing that many speeding complaints/concerns are perceived. Traffic Safety Committee data from the previous year was presented as well as FlashVote survey responses. Speeding is the third most common complaint (1/4 of all complaints). The FlashVote survey results showed 80% thought speed limits were okay or too low. Project Engineer Erik Henriksen presented a Safe Systems Approach versus a strictly speed study approach. The slower people are driving, the more reaction time is available. 93 City Council Work Session Minutes – October 24, 2022 2 Mr. Howley reviewed the other cities that are studying or have reduced speed limits: Victoria (reduced to 25 mph), St. Louis Park (reduced to 20 mph), Edina (reduced to 25 mph), and Golden Valley (currently studying). Minneapolis, St. Paul and Rochester were not comparative. As far as the results of changing the speed limits in these cities, no follow-up metrics have been developed. MnDOT did a number of speed zoning studies in 2019. MnDOT uses the term “Drivers read the road, not the signs.” The City of Boston reduced the speed limit from 30 mph to 25 mph. The Insurance Institute for Highway Safety (IIHS) did a study on Boston’s speed limit reduction which showed no reduction in 85th percentile speeds. The cost to implement a speed limit reduction is estimated at $13,000 for signage only, not including staff time for installation. This cost also does not include outreach materials and associated staff time. Regarding enforcement, the Carver County Sheriff’s Office has no strong opinion on whether to lower the speed limit or not. Operational parameters for enforcement would not change. If lowered, additional patrol and stops (warnings) could be considered but are not accounted for in the existing level of service. Implementation would include a full communications campaign, potential open house or public hearing, resolution, and order and installation of signage. The rollout timeframe would be approximately six months. Alternatives would be to continue with existing strategies such as education, enforcement for super speeders, speed trailer deployment, and physical improvements (but not speed bumps/humps/tables due to winter maintenance), go with a case-by-case scenario, wait as there is a reasonable chance the State will eventually lower the statutory speed limit to align with neighboring states and the current industry trend, and/or wait for other cities to do their follow- up studies. Pros and cons of lowering the speed limit were presented. Recommendations include the following: The Traffic Safety Committee majority favors leaving the speed limit as is. The Engineering Department has no strong recommendation as there are merits either way, a case-by-case basis has some merit but needs clear qualifiers, and to continue with existing strategies. Law Enforcement recommendation is to leave the speed limit as is. Options include maintaining the current 30 mph Statutory speed limit, defer making a decision pending additional information or further discussion, or proceed with next steps on lowering the city-wide speed limit to 25 mph. The City has started using driver feedback signs that collect speed data; however, they cost a minimum of $10,000. Permanent feedback signs are currently being installed on collector roadways, i.e., State Aid routes. Temporary feedback signs require an annual license fee. Finalizing the Crosswalk Policy and installing the associated improvements will help. 94 City Council Work Session Minutes – October 24, 2022 3 Council discussed the installation of driver feedback speed limit signs, traffic fatalities due to increased traffic, and if speeding could be related to the pandemic. Collectively, there was no strong opinion expressed on supporting lowering the speed limit. Traffic calming ideas were supported as well as possibly defining specific study areas, and focusing on implementing the Crosswalk Policy. DISCUSS STAFFING STUDY City Manager Laurie Hokkanen discussed the purpose of performing a staffing study including how many employees should we be building a new city hall for, as a result of changing growth profiles of the City, does the staff we have now meet future workloads, and the Carver County Sheriff’s Office is asking for an additional deputy in 2023. The study would help us review the policing contract and potentially suggest a model to understand the workload. This is in line with the long-term planning taking place. If the staffing study is authorized, it will take about 16 weeks to complete. CITY COUNCIL ROUNDTABLE Council discussed a request to change the city code to reflect sustainable building practices. There was some interest in finding out what neighboring communities have done. The overall consensus was to have staff research the idea. FUTURE WORK SESSION SCHEDULE Date Item November 14 Canvass Election Results General Fund & Property Supported Funds CIP, Debt & Utility Rate Study Discussion Financial Policy Discussion November 28 CIP, Debt & Utility Rate Study Discussion (if needed) Civic Campus Update Tree Policy Discussion December 12 Work Session Cancelled The work session adjourned at 6:56 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen City Clerk 95 CHANHASSEN CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 24, 2022 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge of Allegiance. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Rehm, Councilman McDonald, Councilman Campion, and Councilwoman Schubert. COUNCIL MEMBERS ABSENT:None. STAFF PRESENT: Laurie Hokkanen, City Manager; Kate Aanenson, Community Development Director; Charlie Howley, Director of Public Works/City Engineer; Don Johnson, Fire Chief; Sharmeen Al-Jaff, Senior Planner; Andrea McDowell Poehler, City Attorney Matt Unmacht, Assistant City Manager; Kim Meuwissen, City Clerk; Jerry Ruegemer, Parks and Recreation Director. PUBLIC PRESENT: Mark Nordland Level 7 Development Jerry Cerchia Senior Commission Chair PUBLIC ANNOUNCEMENTS: 1. Invitation to Halloween Party, October 29 Mayor Ryan invited everyone to the 38th Annual Halloween Party on October 29 from 5:30-7:30 p.m. at the Chanhassen Rec Center. 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 October 10, 2022 2. Receive Planning Commission Minutes dated September 20, 2022 3. Receive Environmental Commission Minutes dated July 13, 2022 and September 14, 2022 4. Receive Economic Development Commission Minutes dated August 10, 2022 5. Approve Claims Paid dated October 24, 2022 6. Approve an Encroachment Agreement between the City of Chanhassen and Areyan Hashemi-Rad and Angela Hashemi-Rad 96 City Council Minutes – October 24, 2022 2 7. Approve an Encroachment Agreement between the City of Chanhassen and Virginia S. Thomas Family Limited Partnership 8. Approve Amendment No. 1 to the Lease Agreement with Verizon Wireless for the Lake Lucy Ground Storage Reservoir 9. Authorize Execution of Stormwater Maintenance Agreement for Lots 1-3, Block 1, Erhart Farm 10. Authorize Execution of Stormwater Maintenance Agreement with Dakota Retail, LLLP 11. Approve Contract with W.H. Hall Company for the Chanhassen Recreation Wall Project 12. Approve Contract with Raftelis to conduct an Organization Study/Staffing Study 13.Resolution 2022-75:Accept Public Street and Utility Improvements in Lotus Woods, City Project No. 2020-15 14.Resolution 2022-76: Authorize Contract for Design and Construction Administration Services for the 2023 City Pavement Rehabilitation Project All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. None. FIRE DEPARTMENT/LAW ENFORCEMENT UPDATES 1. Monthly Fire Department Update Chief Johnson shared about staffing updates, the retirement of a 30-year firefighter, and noted they had 120 calls for service in September. He spoke about fire response: two fires in the downtown area, a vehicle fire, as well as a team that was in Florida helping with flooding of two rivers. Mayor Ryan shared her thanks for Chief Johnson’s team and their willingness to go to Florida and help. 2. Law Enforcement Update: None. PUBLIC HEARINGS 1.Resolution 2022-77: Certification of Delinquent Utility Accounts and Code Enforcement Charges to the County Auditor 97 City Council Minutes – October 24, 2022 3 City Manager Hokkanen stated this item follows the City’s longtime practice to certify delinquent Utility and Code Enforcement amounts to property taxes which is allowed by Minnesota State Statute. There are 176 accounts with a total value of $129,562.47 to be collected this year. Mayor Ryan opened the public hearing. There were no public comments. Mayor Ryan closed the public hearing. Councilwoman Schubert moved, Councilman McDonald seconded that the Chanhassen City Council adopt a resolution certifying delinquent utility accounts and code enforcement charges to the County Auditor. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 2.Resolution 2022-78: Vacating the Public Right-of-Way Iroquois Road City Engineer Howley noted the right-of-way (ROW) is no longer needed and there are no utilities within the ROW. One condition of the vacation is in regard to a lot that will need access from the existing ROW when that property develops in the future. Therefore, a condition is that an access agreement will be needed for this vacation. Staff recommends approval of the request for vacation. Mayor Ryan opened the public hearing. There were no public comments. Mayor Ryan closed the public hearing. Councilman Campion moved, Councilman McDonald seconded that the Chanhassen City Council adopt a resolution approving the vacation of portions of the public right-of-way, known as Iroquois Road, abutting Lots 5 and 6, Pleasant View, according to the recorded plat thereof, Carver County, Minnesota. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 3.Resolution 2022-79: Vacating a Portion of Public Drainage & Utility Easements within the Avienda Plat City Engineer Howley noted this request is regarding drainage and utility easements dedicated with the Avienda plat over Outlots A and C. He noted they would be getting rid of the “blanket” drainage and utility easements because there is a Final Plat before the City Council tonight for the Avienda townhomes including these two outlots. Mayor Ryan opened the public hearing. There were no public comments. Mayor Ryan closed the public hearing. Councilwoman Schubert moved, Councilman McDonald seconded that the Chanhassen City Council adopt a resolution approving the vacation of public drainage and utility 98 City Council Minutes – October 24, 2022 4 easements over Outlot A and Outlot C, as dedicated on the plat of Avienda. All voted in favor and the motion carried unanimously with a vote of 5 to 0. GENERAL BUSINESS 1. Consider Request for Approval of a Final Plat and Development Contract for Avienda Townhomes Community Development Director Aanenson presented a summary of the item, noting the outlots were created to allow the developer to grade and provide sewer and water extensions. A Preliminary Plat was approved on October 25 and in September the Planned Unit Development (PUD) was approved. Mr. Howley gave an update on roads and future construction, noting the blue highlighted area onscreen will be fully developed with curb and gutter while the areas in yellow will be partially constructed to allow access without being 100% finished. Ms. Aanenson showed the layout of the townhouse project and shared about the landscape plan, the PUD, setbacks, and townhome models. Mayor Ryan asked to clarify that when Bluff Creek Boulevard is completed, it will be opened all the way through with a functioning stoplight. Mr. Howley replied that is Staff’s understanding. Mayor Ryan asked about the timeline for Mills Drive. Mr. Howley would defer to the developer about that timeline. Mark Nordlund stated they would like to get started on a couple models this fall and would open sometime next summer. At that point, before bringing the public into the site, the road systems would be open. Councilwoman Schubert moved, Councilman Campion seconded that the Chanhassen City Council approves a request for a final plat and development contract for Avienda Townhomes. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 2. Ordinance 701: Amend Chapter 2, Administration, of the Chanhassen City Code Changing the Name of the Senior Commission Senior Commission Chair Jerry Cerchia noted the term “senior” does not universally resonate with all adults 55 and over. The Commission feels that changing the name will give wider access to candidates, and the need for intergenerational perspective. Mayor Ryan thinks it is a fantastic request and she appreciates the initiative that Mr. Cerchia and his team has brought forward. 99 City Council Minutes – October 24, 2022 5 Councilman McDonald moved, Councilwoman Schubert seconded that the Chanhassen City Council adopt an ordinance amending Chapter 2, Administration, of the Chanhassen City Code to change the name of the Senior Commission to the Commission on Aging. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. None. CORRESPONDENCE DISCUSSION. 1. Letter from Mediacom dated October 13, 2022 regarding Program Changes and Rate Adjustments Mayor Ryan noted the City Council will be going into Closed Session to discuss union negotiations. The City Council will not be returning to the Chambers and Mayor Ryan will adjourn the meeting after completion of that session. The City Council meeting was adjourned at 8:06 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen City Clerk 100 City Council Item November 14, 2022 Item Receive Planning Commission Minutes dated October 18, 2022 File No.Item No: D.2 Agenda Section CONSENT AGENDA Prepared By Kim Meuwissen, City Clerk Reviewed By SUGGESTED ACTION "The Chanhassen City Council receives the Planning Commission Minutes dated October 18, 2022." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS Planning Commission Minutes dated October 18, 2022 101 CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES OCTOBER 18, 2022 CALL TO ORDER: Chairman von Oven called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Eric Noyes, Mark von Oven, Erik Johnson, Perry Schwartz, Edward Goff, Kelsey Alto. MEMBERS ABSENT: Ryan Soller. STAFF PRESENT: Kate Aanenson, Community Development Director; MacKenzie Young- Walters, Associate Planner. PUBLIC PRESENT: None. PUBLIC HEARINGS: 1. VARIANCE EXTENSION CODE AMENDMENT Community Development Director Aanenson gave a presentation on the item, noting the proposed change is to City Ordinance for an extension of variances. Currently variances expire after one year and there have been some circumstances with unusual constraints as to why it has not gone forward. The goal is to provide flexibility to accommodate extenuating circumstances, and it would also prevent the Planning Commission from re-hearing cases where the presumable result would be the same. Noyes clarified the extension still has to be requested by the applicant. Ms. Aanenson replied in the affirmative. Noyes noted the City has the ability to deny the extension if it is a frivolous reason of some sort. Ms. Aanenson replied in the affirmative. She noted the Applicant would request a timeline and the City would evaluate whether it is reasonable. They would not want to keep extending and extending. Chairman von Oven opened the public hearing. There were no public comments Chairman von Oven closed the public hearing. Commissioner Noyes moved, Commissioner Goff seconded that the Chanhassen Planning Commission recommends that the City Council adopt the proposed amendment to Chapter 102 Planning Commission Minutes – October 18, 2022 2 20 of the City Code concerning variance extensions. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES: APPROVAL OF PLANNING COMMISSION MINUTES DATED SEPTEMBER 20, 2022 Commissioner Noyes noted the summary Minutes of the Planning Commission meeting dated September 20, 2022 as presented. ADJOURNMENT: Commissioner Johnson 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 7:08 p.m. Submitted by Kate Aanenson Community Development Director 103 City Council Item November 14, 2022 Item Receive Park & Recreation Commission Minutes dated September 27, 2022 File No.Item No: D.3 Agenda Section CONSENT AGENDA Prepared By Christine Lusian, Reviewed By SUGGESTED ACTION "The Chanhassen City Council Receives the Park & Recreation Commission Minutes dated September 27, 2022." Motion Type Simple Majority Vote of members present Strategic Priority Operational Excellence SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 104 Park and Recreation Commission Minutes September 27, 2022 105 CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING MINUTES SEPTEMBER 27, 2022 Chairman Tsuchiya called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Karl Tsuchiya, Jim Peck, Don Vasatka, Dan Eidsmo, Heather Markert, Matt Kutz,, and Youth Commissioner Alex Jerdee. MEMBERS ABSENT: Scott Fischer. STAFF PRESENT: Jerry Ruegemer, Park and Recreation Director; Priya Tandon, Recreation Coordinator; Mitchell Czech, Recreation Supervisor, Jodi Sarles, Recreation Center Manager; Mary Blazanin, Senior Center Coordinator; Adam Beers, Park Superintendent. PUBLIC PRESENT: None. APPROVAL OF AGENDA: Commissioner Vasatka moved, Commissioner Peck seconded to approve the agenda as presented. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC ANNOUNCEMENTS: Mr. Ruegemer shared about a community buckthorn removal day at Greenwood Shores on October 8, 2022 from 9:00 a.m. to 11:00 a.m. Gloves and tools will be available to clean the buckthorn in the new Lake Ann Park Preserve. They will be cutting it and treating chemically. VISITOR PRESENTATIONS: None. APPROVAL OF MINUTES: APPROVE PARK & RECREATION MINUTES DATED AUGUST 23, 2022 Commissioner Eidsmo moved, Commissioner Markert seconded to approve the Minutes of the Park and Recreation Commission Meeting dated August 23, 2022 as presented. All voted in favor and the motion carried unanimously with a vote of 7 to 0. GENERAL BUSINESS: 1. Carver County Southwest Regional Trail Master Plan 106 Park and Recreation Commission Minutes – September 27, 2022 2 Park and Recreation Director Jerry Ruegemer stated Marty Walsh, Parks and Recreation Director for Carver County is present tonight. He noted Chanhassen has partnered with Carver County in the past on many projects. Mr. Walsh gave a presentation on the Master Plan. He gave history on the Southwest Regional Trail going back to 2006, noting in 2016 they entered another Master Plan for the section of trail in Chanhassen between Bluff Creek Drive and Highway 61. Mr. Walsh noted Chaska has an active project this fall at the intersection of Highway 41 and will put an underpass at that location. Commissioner Kutz asked if it is more desirable to have the blue trail rather than the green trail along the river. Mr. Walsh replied there are pros and cons to each. He spoke about the trail options. They see this as a safety benefit for people who want that corridor and are trying to access some destination features such as the grocery store, McDonald’s, and other convenience areas. The green trail will remain as part of the City trail system so that option will be available, they are not eliminating that option, but are eliminating some of the issues. Mr. Walsh said again, they are showing that section of trail, the solid blue line, the rail corridor, and eventually staying on the trail long enough it would go to Hopkins, then to Minneapolis, and Stillwater. Commissioner Vasatka asked how far east the trail would go, and whether it would be to the border of Carver and Hennepin County. Mr. Walsh replied in the affirmative. Commissioner Markert asked about a master plan of all the trails Carver County has. From what she can tell, many of the trails go around Chanhassen and asked if any trails go through north/south or east/west. Mr. Walsh replied the one trail they thought about years ago was if the Twin Cities Western Rail would ever abandon itself, it was identified as a potential east/west trail corridor. That is not the case anymore so they are now asking what are the east/west trail corridor possibilities. Commissioner Markert clarified the one they are talking about runs through Chanhassen near Potbelly. She asked about how they work with neighboring counties such as Hennepin County. Her children go to school in Excelsior on Highway 7 and they have done extensive surveys trying to figure out how to better connect the south side of Highway 7 with downtown Excelsior to make that more pedestrian-accessible. 107 Park and Recreation Commission Minutes – September 27, 2022 3 Mr. Walsh spoke about Three Rivers Park District and conversations about that, and noted when one gets to the Metropolitan Council level all the implementing agencies have a chance to take a look at what is being proposed. Commissioner Markert noted citizens have to go to the edge of Chanhassen to get to most of these trails. Mr. Walsh noted through the local trail system they would be able to access the trail system. Commissioner Markert stated signs would also be helpful in the future. Mr. Ruegemer noted with the Arboretum Trail going through that was a major gap that was missing and is now added to the east/west corridor. He said people can kind of hop on the local trail system to carry them east and west with multiple underpasses underneath Highway 5. They are putting segments in place to house people going east/west and north/south. Commissioner Markert asked with all the trail systems managed by different people (local, county, regional), if someone wants to bike somewhere how can they piece it all together to see what the options are. Mr. Walsh stated they are working on a mapping system to communicate trail sections. Commissioner Markert suggested interacting between the County and City websites, as well. Mr. Ruegemer noted they are also trying to do the same with the City trail map in making it more interactive versus just a PDF. He spoke about agreements for plowing trails noting they have worked on a winter-use agreement with the County, Park and Rec Commission, and County Board and it is all ready to go. The City of Chanhassen will be plowing that corridor to make it accessible in the southern part of the community. Commissioner Kutz is trying to understand if Mr. Walsh is trying to build consensus because none of this really affects Chanhassen or is happening within Chanhassen. Mr. Walsh noted a portion of the corridor in Chanhassen is paved from County Road 61 to Bluff Creek Drive and there is a section that is not paved. By bringing this fully into the regional park system it makes them eligible to [inaudible]. He said there is a small parking lot facility off Bluff Creek Drive and that would also become eligible There are opportunities for some interpretation off the regional corridor to highlight that particular feature. Commissioner Kutz moved, Commissioner Vasatka seconded that the Park and Recreation Commission makes the motion that the Chanhassen City Council draft a resolution of support of the Carver County Southwest Regional Trail Master Plan. All voted in favor and the motion carried unanimously with a vote of 7 to 0. 108 Park and Recreation Commission Minutes – September 27, 2022 4 REPORTS: 1. 2022 Lake Ann Park Concession & Watercraft Rental Evaluation Recreation Supervisor Czech noted Lake Ann is a very popular destination and concession and watercraft rental is very popular. Despite inclement weather, sales remained strong throughout the summer. He shared they had just under $23,000 in watercraft revenue, a little over $17,000 in food sales revenue, a $3,000 payment to Great Outdoor Paddleboard, just under $3,000 in sales tax, and a new expense for Square transaction fees. Overall the City received $33,758 in total revenue. Mr. Czech spoke about the agreement with Great Outdoor Paddleboard noting they had 502 rentals this summer. He stated they also added a Square cash register for people to utilize cards and 33% of sales were made with a card. They added a tandem kayak which was rented 63 times over the season bringing in $1,300 in revenue which has already accounted for the purchase. Mr. Czech spoke about candy and ice cream additions, as well as healthier options for concessions. He is looking to reinstate the Concession Manager position which went unfilled over the summer again and Mr. Czech took on some of those duties. They are looking at purchasing another tandem kayak and potentially reducing the canoe fleet, updating signage, and getting a new trolling motor. He shared a breakdown of graphs and reports noting Square will allow him to pull many reports to compare years, and that will help with ordering. The Commissioners discussed the success of the Square platform, possibly extending hours of rentals for paddleboard in the evening, the addition of an Icee machine, and adding freeze pops, carbonated water, and coffee. 2. Recreation Center Quarterly Report Recreation Center Manager Sarles gave updates noting air handling units have been on their last legs and due to supply chain issues that has been pushed to the next year. She noted the previous week it was 77 degrees and people were not happy to work out in the fitness center. She hopes this will be resolved in the spring. She spoke about the STAR program for those 18-21 with special needs and had two students who come twice a week to help out and learn job skills. Ms. Sarles shared about Community Day in August, the Barnyard Boogie, and the 23 classes currently happening at the Rec Center with 199 registrations. Numbers have been up this year for activities and sports programs. She noted pickleball lessons are popular. It is a growing sport and she cannot keep up with it; people love it. Ms. Sarles noted the Chanhassen Bone Adventure where one can get out on the trails, take a picture of their dog with the bones, and then bring it to Chuck and Don’s for a treat and to be entered into a prize drawing. This Thursday, sponsored by Kwik-Trip is a Start Your Engines: 109 Park and Recreation Commission Minutes – September 27, 2022 5 Healthy, Fit, and Thriving 55+ Expo, and Ms. Sarles shared about the upcoming 2022 Artisan Fair on Saturday, November 5, and the 2022 Holiday Boutique on Saturday, December 3. 3. Park Maintenance Quarterly Update Park Superintendent Beers shared they are in the process of rebuilding the Lotus Park hockey rink replacement and noted the playground replacement at Roundhouse Park will not be delivered in time to install it this fall. He noted regarding the 78th Street irrigation system they were able to receive a grant through the Riley Purgatory Watershed District for just over $20,000 to help with the project. Overall they expect to see a 20% savings in water use which is a benefit for all. Mr. Beers shared about maintenance including fall fertilizing, over-seeding, fall tree pruning to prepare for winter plowing, and the irrigation shutdown including maintenance checks and repairs. He spoke about seasonal employees on the maintenance team and gave kudos to them for how important they are to the operations. 4. Senior Center Quarterly Report Senior Center Coordinator Blazanin shared about many trips taken this summer noting the y have all filled very quickly and she has had a positive partnership with Chaska Park and Recreation Lodge. She noted over the summer she worked hard on gathering and re-connecting events, including: Coffee with the Cops and Detective Josh Baker, who is very popular, Coffee and Rolls on the plaza, weekly game clubs, and wellness related programs. All of which leads to an average of 350 people utilizing the Center per month. Ms. Blazanin noted an inter-generational event with the Chanhassen Library over the summer to bring local teens together with seniors to share stories and life lessons or skills with each other. There was not a huge turnout but those present asked to have the event again, and they will work on how to market the event and get word out a little better for a better turnout next year. She spoke about the 30th Anniversary Celebration in August, noting 125 guests attended. COMMISSION MEMBER COMMITTEE REPORTS: None. COMMISSION MEMBER PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: Mr. Ruegemer thanked the Commissioners that came tonight before the open house to represent the City and the Park Commission. ADJOURNMENT: Commissioner Kutz moved, Commissioner Vasatka seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 7 to 0. The Park and Recreation Commission meeting was adjourned at 8:20 p.m. 110 Park and Recreation Commission Minutes – September 27, 2022 6 Submitted by Jerry Ruegemer Park and Recreation Director Prepared by Amy Weidman Administrative Support Specialist 111 City Council Item November 14, 2022 Item Approve Claims Paid dated November 14, 2022 File No.Item No: D.4 Agenda Section CONSENT AGENDA Prepared By Danielle Washburn, Assistant Finance Director Reviewed By Kelly Grinnell SUGGESTED ACTION "The Chanhassen City Council Approves Claims Paid dated November 14, 2022." Motion Type Simple Majority Vote of members present Strategic Priority Financial Sustainability SUMMARY BACKGROUND DISCUSSION The following claims are submitted for review and approval on November 14, 2022: Check Numbers Amounts 178524 - 178692 $409,026.64 ACH Payments $1,504,063.46 Total All Claims $1,913,090.10 112 BUDGET RECOMMENDATION ATTACHMENTS Check Summary Check Summary ACH Check Detail Check Detail ACH 113 Accounts Payable User: Printed: dwashburn 11/4/2022 12:27 PM Checks by Date - Summary by Check Number Check No Check DateVendor NameVendor No Void Checks Check Amount UB*02626 All American Title Co 10/20/2022 0.00 31.71178524 UB*02629 Ancona Title 10/20/2022 0.00 29.91178525 ARAMAR ARAMARK Refreshment Services, LLC 10/20/2022 0.00 154.05178526 BCATRA BCA 10/20/2022 0.00 135.00178527 UB*02655 NICOLLE BECKER 10/20/2022 0.00 7.33178528 UB*02648 Benjamin & Kelsey Curtis 10/20/2022 0.00 40.02178529 UB*02607 Rush Block and Michaela Macauley 10/20/2022 0.00 65.10178530 BORSTA 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ferwat Ferguson Waterworks #2518 10/27/2022 0.00 10.84178630 gonhom GONYEA HOMES 10/27/2022 0.00 57,885.00178631 GRABAR GRAYBAR 10/27/2022 0.00 452.15178632 HiiKim Kim Hiivala 10/27/2022 0.00 19.25178633 IndSig Indigo Signs 10/27/2022 0.00 300.00178634 JohnDon Don Johnson 10/27/2022 0.00 228.76178635 LITFALG LITTLE FALLS GRANITE WORKS INC 10/27/2022 0.00 386.00178636 MNSaf Minnesota Safety Council 10/27/2022 0.00 46.00178637 MSFCA MN STATE FIRE CHIEFS ASSOC.10/27/2022 0.00 325.00178638 NEOGOV NEOGOV 10/27/2022 0.00 5,220.59178639 NetZoom NetZoom, Inc.10/27/2022 0.00 700.00178640 POST POSTMASTER 10/27/2022 0.00 1,293.96178641 PulEle Pulse Electric 10/27/2022 0.00 1,735.00178642 RetkThom Thomas Retka 10/27/2022 0.00 340.00178643 SCOTRE SCOTT COUNTY TREASURER 10/27/2022 0.00 850.00178644 SHEWIL SHERWIN WILLIAMS 10/27/2022 0.00 247.00178645 SOULOC SOUTHWEST LOCK & KEY 10/27/2022 0.00 742.50178646 pritan Priya Tandon 10/27/2022 0.00 400.00178647 TFOFIN TFORCE FINAL MILE 10/27/2022 0.00 49.30178648 THEIKEN KENNETH A THIES 10/27/2022 0.00 650.00178649 triedeea DeeAnn Triethart 10/27/2022 0.00 35.03178650 UPF United Plastic Fabricating 10/27/2022 0.00 2,385.12178651 UB*02658 KATHLEEN LARKIN 11/02/2022 0.00 580.63178652 AMETIR AMERICAN TIRE DISTRIBUTORS INC 11/03/2022 0.00 235.58178653 ARAMAR ARAMARK Refreshment Services, LLC 11/03/2022 0.00 540.38178654 BORSTA BORDER STATES ELECTRIC SUPPLY 11/03/2022 0.00 135.25178655 BOUMED BOUND TREE MEDICAL LLC 11/03/2022 0.00 585.71178656 BusRon Ron Busch 11/03/2022 0.00 50.00178657 EmbMinn CENTURYLINK 11/03/2022 0.00 714.46178658 CHASKA CITY OF CHASKA 11/03/2022 0.00 257.16178659 CleSol Cleaning Solutions Services 11/03/2022 0.00 7,620.00178660 CLEWAT CLEARSOFT WATER CONDITIONING 11/03/2022 0.00 86.92178661 COLWMELI Melinda Colwell 11/03/2022 0.00 296.00178662 ComMin Compass Minerals America, Inc 11/03/2022 0.00 8,400.23178663 CzeMit Mitchell Czech 11/03/2022 0.00 122.56178664 DAKSUP DAKOTA SUPPLY GROUP 11/03/2022 0.00 715.29178665 ENVEQU Environmental Equipment & Services Inc 11/03/2022 0.00 206.00178666 ferwat Ferguson Waterworks #2518 11/03/2022 0.00 104.41178667 FLUINT Fluid Interiors LLC 11/03/2022 0.00 667.13178668 GRABAR GRAYBAR 11/03/2022 0.00 389.88178669 Loc49 IUOE Local #49 11/03/2022 0.00 700.00178670 KEOGJEFF JEFF KEOGH 11/03/2022 0.00 108.00178671 MAUENT MAUND ENTERTAINMENT INC 11/03/2022 0.00 575.00178672 MCKMED McKesson Medical-Surgical Inc 11/03/2022 0.00 541.20178673 MetGas Metro Gas Installers 11/03/2022 0.00 24.16178674 MNTRAN MN DEPT OF TRANSPORTATION 11/03/2022 0.00 645.98178675 NCPERS MN NCPERS LIFE INSURANCE 11/03/2022 0.00 112.00178676 MorkDani Daniel Mork 11/03/2022 0.00 100.00178677 NEWSIG NEWMAN SIGNS INC 11/03/2022 0.00 843.07178678 PierDan Dan Pierre 11/03/2022 0.00 100.00178679 pipser Pipe Services Corporation 11/03/2022 0.00 5,727.50178680 RUEGJERR JERRY RUEGEMER 11/03/2022 0.00 133.13178681 SEH SEH 11/03/2022 0.00 1,378.09178682 SHATRE Shadywood Tree Experts and Landscaping 11/03/2022 0.00 16,648.00178683 SOFHOU SOFTWARE HOUSE INTERNATIONAL 11/03/2022 0.00 2,565.00178684 Page 3AP Checks by Date - Summary by Check Number (11/4/2022 12:27 PM) 116 Check No Check DateVendor NameVendor No Void Checks Check Amount TFOFIN TFORCE FINAL MILE 11/03/2022 0.00 49.52178685 TheHart The Hartford 11/03/2022 0.00 1,568.55178686 TOWMAS TOWMASTER INC 11/03/2022 0.00 10,591.00178687 TruNort True North Controls 11/03/2022 0.00 403.00178688 VERIZO VERIZON WIRELESS 11/03/2022 0.00 3,855.65178689 VERIZO VERIZON WIRELESS 11/03/2022 0.00 350.20178690 VERIZO VERIZON WIRELESS 11/03/2022 0.00 56.03178691 VERIZO VERIZON WIRELESS 11/03/2022 0.00 750.92178692 Report Total (169 checks): 409,026.64 0.00 Page 4AP Checks by Date - Summary by Check Number (11/4/2022 12:27 PM) 117 Accounts Payable Checks by Date - Summary by Check User:dwashburn Printed: 11/4/2022 12:29 PM Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH z-1passw 1Password 08/16/2022 0.00 35.88 ACH z-asap Advanced Service and Parts LLC 08/16/2022 0.00 255.14 ACH z-aircom Air Compressors Plus 08/16/2022 0.00 343.16 ACH z-aldi ALDI 08/16/2022 0.00 54.34 ACH Z-AMAZON Amazon 08/16/2022 0.00 5,322.03 ACH z-awwa American Water Works Association 08/16/2022 0.00 227.00 ACH z-apple Apple.com 08/16/2022 0.00 1.98 ACH z-bbcar B&B Carpet One 08/16/2022 0.00 848.61 ACH z-bitly Bitly, Inc 08/16/2022 0.00 35.00 ACH z-cabfev Cabin Fever Sporting Goods 08/16/2022 0.00 314.00 ACH z-CalEmA Call-Em-All 08/16/2022 0.00 9.00 ACH z-chimex Chipotle Mexican Grill 08/16/2022 0.00 174.91 ACH z-costco Costco Wholesale 08/16/2022 0.00 485.54 ACH z-critoo Critical Tool 08/16/2022 0.00 1,032.48 ACH z-Cubfoo Cub Foods 08/16/2022 0.00 827.53 ACH z-davann Davanni's 08/16/2022 0.00 123.73 ACH z-dell Dell 08/16/2022 0.00 1,235.00 ACH z-doltre Dollar Tree Stores Inc 08/16/2022 0.00 8.06 ACH z-decc Duluth Entertainment Convention Center 08/16/2022 0.00 10.00 ACH z-DulHol Duluth Holiday Inn 08/16/2022 0.00 317.98 ACH z-expexc Experts Exchange 08/16/2022 0.00 199.95 ACH z-fedex FedEx Office 08/16/2022 0.00 92.93 ACH z-FelTra Felling Trailers Inc 08/16/2022 0.00 60.22 ACH z-Fulsou Full Source 08/16/2022 0.00 958.52 ACH z-gfoa Government Finance Officers Association 08/16/2022 0.00 530.00 ACH z-grain Grainger 08/16/2022 0.00 254.58 ACH Z-HOMDEP Home Depot 08/16/2022 0.00 1,430.90 ACH z-hoosui Hootsuite Inc 08/16/2022 0.00 588.00 ACH Z-IRInd Ingersoll-Rand 08/16/2022 0.00 3,619.24 ACH z-jamsof Jamf Software, LLC 08/16/2022 0.00 126.00 ACH z-jimjoh Jimmy Johns 08/16/2022 0.00 33.14 ACH Z-KWITRI Kwik Trip 08/16/2022 0.00 27.90 ACH z-laserc Lasercrafting 08/16/2022 0.00 11.50 ACH z-leamin League of Minnesota Cities 08/16/2022 0.00 100.00 ACH z-logme LogMeIn Inc 08/16/2022 0.00 1,030.80 ACH z-lunbye Lunds & Byerly's 08/16/2022 0.00 20.62 ACH z-menard Menards 08/16/2022 0.00 253.24 ACH z-merlin Merlins Ace Hardware 08/16/2022 0.00 5.36 ACH z-michae Michaels 08/16/2022 0.00 128.97 ACH z-mnrur Minnesota Rural Water Association 08/16/2022 0.00 150.00 ACH z-mono Monoprice.com 08/16/2022 0.00 171.79 ACH z-norame North American Safety 08/16/2022 0.00 -147.60 ACH z-offmax Office Max/Office Depot 08/16/2022 0.00 89.32 ACH z-oreill O'Reilly Auto Parts 08/16/2022 0.00 0.00 ACH z-peaofL Pearl of the Lake 08/16/2022 0.00 837.52 ACH z-pipdec PIP Decks 08/16/2022 0.00 159.98 ACH z-pizzai Pizzaioli 08/16/2022 0.00 178.33 Page 1 of 3 118 Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH z-post Postmaster 08/16/2022 0.00 9.20 ACH z-reatru RealTruck.com 08/16/2022 0.00 187.89 ACH z-sporco SportCo.com 08/16/2022 0.00 166.38 ACH z-sprwar Sprinkler Warehouse 08/16/2022 0.00 3,440.19 ACH z-strapw Strapworks.com 08/16/2022 0.00 33.84 ACH z-strat Stratoguard, LLC 08/16/2022 0.00 218.24 ACH z-suspa Suspa, Inc 08/16/2022 0.00 45.99 ACH z-target Target 08/16/2022 0.00 642.94 ACH z-Themus The Mustard Seed 08/16/2022 0.00 143.84 ACH z-trunor True North Controls 08/16/2022 0.00 165.00 ACH z-turo Turo Inc 08/16/2022 0.00 382.87 ACH z-uofm U of M Contlearning 08/16/2022 0.00 215.00 ACH z-UofMSo U of M Soil Test Lab 08/16/2022 0.00 58.00 ACH z-usablu USABlueBook 08/16/2022 0.00 52.38 ACH z-vikele Viking Electric Supply 08/16/2022 0.00 234.98 ACH z-walgre Walgreens 08/16/2022 0.00 21.45 ACH z-walmar Wal-Mart 08/16/2022 0.00 198.37 ACH z-wilwes Wild West Hackin' Fest 08/16/2022 0.00 150.00 ACH z-zoom Zoom 08/16/2022 0.00 85.90 ACH z-zynno Zynnovation, LLC 08/16/2022 0.00 503.88 ACH ALEAIR ALEX AIR APPARATUS INC 10/20/2022 0.00 210.00 ACH CAMKNU CAMPBELL KNUTSON 10/20/2022 0.00 18,552.35 ACH CCPNIM CCP NI MASTER TENANT 4 LLC 10/20/2022 0.00 7,277.17 ACH COMINT COMPUTER INTEGRATION TECHN. 10/20/2022 0.00 28,724.00 ACH DelDen Delta Dental 10/20/2022 0.00 4,364.77 ACH ELEPUM ELECTRIC PUMP INC 10/20/2022 0.00 2,557.50 ACH FASCOM FASTENAL COMPANY 10/20/2022 0.00 362.94 ACH GMHASP GMH ASPHALT CORP 10/20/2022 0.00 544,677.83 ACH HANTHO HANSEN THORP PELLINEN OLSON 10/20/2022 0.00 2,307.25 ACH HAWCHE HAWKINS CHEMICAL 10/20/2022 0.00 70.00 ACH HeaStr Health Strategies 10/20/2022 0.00 305.00 ACH HOIKOE HOISINGTON KOEGLER GROUP 10/20/2022 0.00 4,035.28 ACH InnOff Innovative Office Solutions LLC 10/20/2022 0.00 76.48 ACH AlHiJuli Juli Al-Hilwani 10/20/2022 0.00 75.00 ACH Marco Marco Inc 10/20/2022 0.00 735.00 ACH MERACE MERLINS ACE HARDWARE 10/20/2022 0.00 941.21 ACH METCO Metropolitan Council, Env Svcs 10/20/2022 0.00 19,681.20 ACH MinPum Minnesota Pump Works 10/20/2022 0.00 1,540.50 ACH MNLABO MN DEPT OF LABOR AND INDUSTRY 10/20/2022 0.00 2,585.78 ACH MVEC MN VALLEY ELECTRIC COOP 10/20/2022 0.00 245.95 ACH MOSBAR MOSS & BARNETT 10/20/2022 0.00 137.00 ACH NAPA NAPA AUTO & TRUCK PARTS 10/20/2022 0.00 392.17 ACH PotMN Potentia MN Solar 10/20/2022 0.00 9,864.68 ACH SafVeh Safety Vehicle Solutions 10/20/2022 0.00 285.00 ACH VALPAV VALLEY PAVING INC 10/20/2022 0.00 659,327.66 ACH WarLit Warning Lites of Minnesota, Inc. 10/20/2022 0.00 524.00 ACH WMMUE WM MUELLER & SONS INC 10/20/2022 0.00 3,294.56 ACH XCEL XCEL ENERGY INC 10/20/2022 0.00 262.42 ACH AFLAC American Family Life Assurance Company of Columbus 10/27/2022 0.00 39.78 ACH carcou Carver County 10/27/2022 0.00 900.00 ACH ColLif Colonial Life & Accident Insurance Co 10/27/2022 0.00 67.80 ACH COMINT COMPUTER INTEGRATION TECHN. 10/27/2022 0.00 3,100.00 ACH CRYINF Crystal Infosystems LLC 10/27/2022 0.00 602.00 ACH EMEAUT EMERGENCY AUTOMOTIVE TECH INC 10/27/2022 0.00 70.76 ACH Avesis Fidelity Security Life 10/27/2022 0.00 302.82 ACH InnOff Innovative Office Solutions LLC 10/27/2022 0.00 304.66 ACH JEFFIR JEFFERSON FIRE SAFETY INC 10/27/2022 0.00 10,505.91 Page 2 of 3 119 Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH KATFUE KATH FUEL OIL SERVICE 10/27/2022 0.00 27,542.55 ACH MacEme Macqueen Emergency Group 10/27/2022 0.00 1,052.72 ACH MatTri Matheson Tri-Gas, Inc. 10/27/2022 0.00 130.26 ACH MVEC MN VALLEY ELECTRIC COOP 10/27/2022 0.00 121.60 ACH DaniReem Reem Danial 10/27/2022 0.00 340.20 ACH SafFas Safe-Fast, Inc. 10/27/2022 0.00 923.20 ACH XCEL XCEL ENERGY INC 10/27/2022 0.00 9,826.08 ACH ALEAIR ALEX AIR APPARATUS INC 11/03/2022 0.00 561.05 ACH AMEENG AMERICAN ENGINEERING TESTING 11/03/2022 0.00 997.50 ACH BROAWA BROADWAY AWARDS 11/03/2022 0.00 115.44 ACH ESSBRO ESS BROTHERS & SONS INC 11/03/2022 0.00 12,403.20 ACH GOPSTA GOPHER STATE ONE-CALL INC 11/03/2022 0.00 581.85 ACH HAWCHE HAWKINS CHEMICAL 11/03/2022 0.00 7,468.00 ACH HOIKOE HOISINGTON KOEGLER GROUP 11/03/2022 0.00 4,180.55 ACH InnOff Innovative Office Solutions LLC 11/03/2022 0.00 220.92 ACH KATFUE KATH FUEL OIL SERVICE 11/03/2022 0.00 715.00 ACH BENSKAYE KAYE L BENSON 11/03/2022 0.00 588.00 ACH KENGRA KENNEDY & GRAVEN, CHARTERED 11/03/2022 0.00 7,609.38 ACH MausKerr Kerry Maus 11/03/2022 0.00 270.00 ACH KIMHOR KIMLEY HORN AND ASSOCIATES INC 11/03/2022 0.00 30,284.77 ACH LYMLUM LYMAN LUMBER 11/03/2022 0.00 742.54 ACH MVEC MN VALLEY ELECTRIC COOP 11/03/2022 0.00 171.35 ACH NAPA NAPA AUTO & TRUCK PARTS 11/03/2022 0.00 172.28 ACH ONSMED On-Site Medical Services Inc 11/03/2022 0.00 245.00 ACH POMTIR POMP'S TIRE SERVICE INC 11/03/2022 0.00 1,708.56 ACH PRARES PRAIRIE RESTORATIONS INC 11/03/2022 0.00 9,100.00 ACH QUAFLO Quality Flow Systems Inc 11/03/2022 0.00 968.44 ACH SunLif Sun Life Financial 11/03/2022 0.00 1,956.43 ACH TENNAN TENNANT 11/03/2022 0.00 182.80 ACH WatCon Water Conservation Services, Inc. 11/03/2022 0.00 413.75 ACH WMMUE WM MUELLER & SONS INC 11/03/2022 0.00 4,838.50 ACH XCEL XCEL ENERGY INC 11/03/2022 0.00 18,796.19 Report Total:0.00 1,504,063.46 Page 3 of 3 120 AP Check Detail-Checks User: dwashburn Printed: 11/4/2022 12:36:36 PM Last Name Acct 1 Amount Check Date Description Advanced Elements Operational Technology, LLC 700-0000-4300 250.00 10/27/2022 Software & Hosting/Maintenance - Oct 1 to Oct 20, 2022 250.00 10/27/2022 Advanced Elements Operational Technology, LLC 250.00 All American Title Co 720-0000-2020 4.26 10/20/2022 Refund Check 098510-000, 95 OLYMPIC CIRCLE All American Title Co 700-0000-2020 13.30 10/20/2022 Refund Check 098510-000, 95 OLYMPIC CIRCLE All American Title Co 700-0000-2020 0.57 10/20/2022 Refund Check 098510-000, 95 OLYMPIC CIRCLE All American Title Co 701-0000-2020 13.58 10/20/2022 Refund Check 098510-000, 95 OLYMPIC CIRCLE 31.71 10/20/2022 All American Title Co 31.71 AMERICAN TIRE DISTRIBUTORS INC 101-1310-4140 422.76 10/27/2022 102T Uni Laredo Cross Country Tour 422.76 10/27/2022 AMERICAN TIRE DISTRIBUTORS INC 700-0000-4140 235.58 11/3/2022 All Country HT 235.58 11/3/2022 AMERICAN TIRE DISTRIBUTORS INC 658.34 Ancona Title 700-0000-2020 11.07 10/20/2022 Refund Check 009217-001, 7201 PONTIAC CIRCLE Ancona Title 720-0000-2020 4.00 10/20/2022 Refund Check 009217-001, 7201 PONTIAC CIRCLE Ancona Title 701-0000-2020 13.71 10/20/2022 Refund Check 009217-001, 7201 PONTIAC CIRCLE Ancona Title 700-0000-2020 1.13 10/20/2022 Refund Check 009217-001, 7201 PONTIAC CIRCLE AP - Check Detail-Checks (11/4/2022)Page 1 of 31 121 Last Name Acct 1 Amount Check Date Description 29.91 10/20/2022 Ancona Title 29.91 ANDERSON STEPHEN 101-1220-4381 226.26 10/27/2022 Travel to MSFCA Conference - Victoria to Duluth 226.26 10/27/2022 ANDERSON STEPHEN 226.26 ARAMARK Refreshment Services, LLC 101-1170-4110 204.05 10/20/2022 Caribou Bend, Caribou Regular, Starbucks Pike Place ARAMARK Refreshment Services, LLC 101-1170-4110 -50.00 10/20/2022 Coupon - KDP Menu Matters RST 154.05 10/20/2022 ARAMARK Refreshment Services, LLC 101-1170-4110 540.38 11/3/2022 Caribou KCup Blend, Caribou Regular, Coffeemate liq, Wood Stirre 540.38 11/3/2022 ARAMARK Refreshment Services, LLC 694.43 BCA 101-1120-4352 135.00 10/20/2022 Background Investigation 135.00 10/20/2022 BCA 135.00 BECKER NICOLLE 700-0000-2020 2.54 10/20/2022 Refund Check 101657-000, 1040 PONTIAC LANE BECKER NICOLLE 701-0000-2020 2.04 10/20/2022 Refund Check 101657-000, 1040 PONTIAC LANE BECKER NICOLLE 720-0000-2020 2.14 10/20/2022 Refund Check 101657-000, 1040 PONTIAC LANE BECKER NICOLLE 700-0000-2020 0.61 10/20/2022 Refund Check 101657-000, 1040 PONTIAC LANE 7.33 10/20/2022 BECKER NICOLLE 7.33 Benjamin & Kelsey Curtis 700-0000-2020 36.73 10/20/2022 Refund Check 100120-000, 1949 TOPAZ DRIVE AP - Check Detail-Checks (11/4/2022)Page 2 of 31 122 Last Name Acct 1 Amount Check Date Description Benjamin & Kelsey Curtis 700-0000-2020 0.39 10/20/2022 Refund Check 100120-000, 1949 TOPAZ DRIVE Benjamin & Kelsey Curtis 720-0000-2020 2.90 10/20/2022 Refund Check 100120-000, 1949 TOPAZ DRIVE 40.02 10/20/2022 Benjamin & Kelsey Curtis 40.02 Black Cherry Development, LLC 101-0000-2076 27,517.50 10/21/2022 Security Escrow - Erhart Wetland IUP - Planning Case 2021-03 27,517.50 10/21/2022 Black Cherry Development, LLC 27,517.50 Block and Michaela Macauley Rush 700-0000-2020 19.60 10/20/2022 Refund Check 102698-000, 3920 LINDEN CIRCLE Block and Michaela Macauley Rush 701-0000-2020 24.66 10/20/2022 Refund Check 102698-000, 3920 LINDEN CIRCLE Block and Michaela Macauley Rush 700-0000-2020 2.47 10/20/2022 Refund Check 102698-000, 3920 LINDEN CIRCLE Block and Michaela Macauley Rush 720-0000-2020 18.37 10/20/2022 Refund Check 102698-000, 3920 LINDEN CIRCLE 65.10 10/20/2022 Block and Michaela Macauley Rush 65.10 BORDER STATES ELECTRIC SUPPLY 700-0000-4260 28.63 10/20/2022 Thermocap w Integrated BORDER STATES ELECTRIC SUPPLY 700-0000-4260 281.71 10/20/2022 Thermocap w Integrated 310.34 10/20/2022 BORDER STATES ELECTRIC SUPPLY 700-0000-4150 135.25 11/3/2022 Thhn - SS - Thhn - 4 -blk 135.25 11/3/2022 BORDER STATES ELECTRIC SUPPLY 445.59 BOUND TREE MEDICAL LLC 101-1220-4142 585.71 11/3/2022 All Splint, Adult Mask, i-gel, vent chest seal 585.71 11/3/2022 AP - Check Detail-Checks (11/4/2022)Page 3 of 31 123 Last Name Acct 1 Amount Check Date Description BOUND TREE MEDICAL LLC 585.71 Broadcase Music Inc.101-1530-4125 372.78 10/20/2022 Chan Rec Center Music - Acct #3094400 372.78 10/20/2022 Broadcase Music Inc. 372.78 Brown Steven & Karen 700-0000-2020 2.73 10/20/2022 Refund Check 015256-000, 7670 PRAIRIE FLOWER BD Brown Steven & Karen 700-0000-2020 0.89 10/20/2022 Refund Check 015256-000, 7670 PRAIRIE FLOWER BD Brown Steven & Karen 720-0000-2020 7.45 10/20/2022 Refund Check 015256-000, 7670 PRAIRIE FLOWER BD 11.07 10/20/2022 Brown Steven & Karen 11.07 BS & A Software 101-1160-4326 8,952.00 10/20/2022 BS&A Annual Renewal & Online Permit Fee 8,952.00 10/20/2022 BS & A Software 8,952.00 Burnet Title 701-0000-2020 20.10 10/20/2022 Refund Check 008134-000, 2255 BOULDER ROAD Burnet Title 700-0000-2020 8.04 10/20/2022 Refund Check 008134-000, 2255 BOULDER ROAD Burnet Title 700-0000-2020 1.01 10/20/2022 Refund Check 008134-000, 2255 BOULDER ROAD Burnet Title 720-0000-2020 7.52 10/20/2022 Refund Check 008134-000, 2255 BOULDER ROAD Burnet Title 720-0000-2020 23.73 10/20/2022 Refund Check 017141-000, 1675 STELLER COURT Burnet Title 701-0000-2020 3.60 10/20/2022 Refund Check 020383-000, 4061 PIPEWOOD LANE Burnet Title 700-0000-2020 0.25 10/20/2022 Refund Check 020383-000, 4061 PIPEWOOD LANE Burnet Title 720-0000-2020 1.83 10/20/2022 Refund Check 020383-000, 4061 PIPEWOOD LANE Burnet Title 700-0000-2020 27.43 10/20/2022 Refund Check 020383-000, 4061 PIPEWOOD LANE Burnet Title 701-0000-2020 14.98 10/20/2022 Refund Check 015725-000, 7656 CENTURY BOULEVARD Burnet Title 700-0000-2020 10.55 10/20/2022 Refund Check 015725-000, 7656 CENTURY BOULEVARD Burnet Title 720-0000-2020 1.20 10/20/2022 Refund Check 015725-000, 7656 CENTURY BOULEVARD Burnet Title 700-0000-2020 0.93 10/20/2022 Refund Check 015725-000, 7656 CENTURY BOULEVARD Burnet Title 700-0000-2020 15.51 10/20/2022 Refund Check 100314-000, 6624 ALDER WAY Burnet Title 720-0000-2020 2.39 10/20/2022 Refund Check 100314-000, 6624 ALDER WAY Burnet Title 701-0000-2020 7.68 10/20/2022 Refund Check 100314-000, 6624 ALDER WAY Burnet Title 700-0000-2020 0.32 10/20/2022 Refund Check 100314-000, 6624 ALDER WAY AP - Check Detail-Checks (11/4/2022)Page 4 of 31 124 Last Name Acct 1 Amount Check Date Description Burnet Title 700-0000-2020 43.04 10/20/2022 Refund Check 096790-000, 4170 HALLGREN LANE Burnet Title 700-0000-2020 6.71 10/20/2022 Refund Check 100028-000, 7579 WALNUT CURVE Burnet Title 720-0000-2020 49.91 10/20/2022 Refund Check 100028-000, 7579 WALNUT CURVE Burnet Title 700-0000-2020 28.58 10/20/2022 Refund Check 100028-000, 7579 WALNUT CURVE Burnet Title 701-0000-2020 102.18 10/20/2022 Refund Check 100028-000, 7579 WALNUT CURVE Burnet Title 701-0000-2020 9.57 10/20/2022 Refund Check 097727-000, 1420 LAKE SUSAN HLS DR Burnet Title 700-0000-2020 0.16 10/20/2022 Refund Check 097727-000, 1420 LAKE SUSAN HLS DR Burnet Title 720-0000-2020 1.22 10/20/2022 Refund Check 097727-000, 1420 LAKE SUSAN HLS DR Burnet Title 700-0000-2020 21.63 10/20/2022 Refund Check 097727-000, 1420 LAKE SUSAN HLS DR 410.07 10/20/2022 Burnet Title 410.07 Busch Ron 700-7204-4901 50.00 11/3/2022 Waterwise Rebate 50.00 11/3/2022 Busch Ron 50.00 Caleb & Molly Phillips 701-0000-2020 8.83 10/20/2022 Refund Check 099780-000, 960 SADDLEBROOK CURVE Caleb & Molly Phillips 700-0000-2020 1.39 10/20/2022 Refund Check 099780-000, 960 SADDLEBROOK CURVE Caleb & Molly Phillips 700-0000-2020 13.05 10/20/2022 Refund Check 099780-000, 960 SADDLEBROOK CURVE Caleb & Molly Phillips 720-0000-2020 10.31 10/20/2022 Refund Check 099780-000, 960 SADDLEBROOK CURVE 33.58 10/20/2022 Caleb & Molly Phillips 33.58 CCA & T 700-0000-2020 90.54 10/20/2022 Refund Check 101809-000, 6930 TECUMSEH LANE CCA & T 700-0000-2020 4.46 10/20/2022 Refund Check 101809-000, 6930 TECUMSEH LANE CCA & T 720-0000-2020 33.02 10/20/2022 Refund Check 101809-000, 6930 TECUMSEH LANE CCA & T 701-0000-2020 92.66 10/20/2022 Refund Check 101809-000, 6930 TECUMSEH LANE 220.68 10/20/2022 CCA & T 220.68 CENTERPOINT ENERGY MINNEGASCO 101-1220-4321 218.98 10/20/2022 Monthly Service - Public Works, Fire Station, City of Chanhassen AP - Check Detail-Checks (11/4/2022)Page 5 of 31 125 Last Name Acct 1 Amount Check Date Description CENTERPOINT ENERGY MINNEGASCO 101-1171-4321 21.80 10/20/2022 Monthly Service - Public Works, Fire Station, City of Chanhassen CENTERPOINT ENERGY MINNEGASCO 101-1530-4321 55.65 10/20/2022 Monthly Service - Public Works, Fire Station, City of Chanhassen 296.43 10/20/2022 CENTERPOINT ENERGY MINNEGASCO 296.43 CenturyLink 700-7043-4310 59.96 10/27/2022 Waste Water Bldg - Oct 13 Thru Nov 12 59.96 10/27/2022 CENTURYLINK 101-1190-4310 123.80 11/3/2022 Monthly Service - Oct 21 - Nov 20 CENTURYLINK 700-0000-4310 15.13 11/3/2022 Monthly Service - Oct 21 - Nov 20 CENTURYLINK 700-7019-4310 217.56 11/3/2022 Monthly Service - Oct 21 - Nov 20 CENTURYLINK 101-1160-4325 250.00 11/3/2022 Monthly Service - Oct 21 - Nov 20 CENTURYLINK 701-0000-4310 15.12 11/3/2022 Monthly Service - Oct 21 - Nov 20 CENTURYLINK 101-1540-4310 92.85 11/3/2022 Monthly Service - Oct 21 - Nov 20 714.46 11/3/2022 CENTURYLINK 774.42 CHB Title LLC 720-0000-2020 7.52 10/20/2022 Refund Check 099536-000, 511 LAREDO LANE CHB Title LLC 701-0000-2020 45.19 10/20/2022 Refund Check 099536-000, 511 LAREDO LANE CHB Title LLC 700-0000-2020 1.01 10/20/2022 Refund Check 099536-000, 511 LAREDO LANE CHB Title LLC 700-0000-2020 20.57 10/20/2022 Refund Check 099536-000, 511 LAREDO LANE 74.29 10/20/2022 CHB Title LLC 74.29 CHRISTY KENNETH & JULIE 700-0000-2020 1.45 10/20/2022 Refund Check 101922-000, 2388 HIGHOVER TRAIL CHRISTY KENNETH & JULIE 720-0000-2020 10.82 10/20/2022 Refund Check 101922-000, 2388 HIGHOVER TRAIL CHRISTY KENNETH & JULIE 700-0000-2020 82.88 10/20/2022 Refund Check 101922-000, 2388 HIGHOVER TRAIL CHRISTY KENNETH & JULIE 701-0000-2020 12.33 10/20/2022 Refund Check 101922-000, 2388 HIGHOVER TRAIL 107.48 10/20/2022 AP - Check Detail-Checks (11/4/2022)Page 6 of 31 126 Last Name Acct 1 Amount Check Date Description CHRISTY KENNETH & JULIE 107.48 CITY OF CHASKA 101-1560-4342 257.16 11/3/2022 Treasure Island Trip 257.16 11/3/2022 CITY OF CHASKA 257.16 Cleaning Solutions Services 700-0000-4511 60.00 11/3/2022 Chanhassen Public Library Cleaning Cleaning Solutions Services 701-0000-4511 60.00 11/3/2022 Chanhassen Public Library Cleaning Cleaning Solutions Services 101-1190-4511 3,780.00 11/3/2022 Chanhassen Library Cleaning Cleaning Solutions Services 101-1220-4511 240.00 11/3/2022 Chanhassen Fire Station #1 Cleaning Cleaning Solutions Services 101-1312-4511 480.00 11/3/2022 Chanhassen Public Library Cleaning Cleaning Solutions Services 101-1170-4511 3,000.00 11/3/2022 Chanhassen City Hall Cleaning 7,620.00 11/3/2022 Cleaning Solutions Services 7,620.00 CLEARSOFT WATER CONDITIONING 101-1250-3306 86.28 11/3/2022 Duplicate Permit - 2841 Coach Ct - Water Softener CLEARSOFT WATER CONDITIONING 101-0000-2022 0.64 11/3/2022 Duplicate Permit - 2841 Coach Ct - Water Softener 86.92 11/3/2022 CLEARSOFT WATER CONDITIONING 86.92 Colwell Melinda 101-1560-4343 296.00 11/3/2022 Mah Jongg for Beginners - Instructor Fee 296.00 11/3/2022 Colwell Melinda 296.00 Compass Minerals America, Inc 101-1320-4150 8,400.23 11/3/2022 Bulk Coarse LA - Hwy 8,400.23 11/3/2022 AP - Check Detail-Checks (11/4/2022)Page 7 of 31 127 Last Name Acct 1 Amount Check Date Description Compass Minerals America, Inc 8,400.23 Custom Home Builders Title, LLC 101-0000-2076 52,074.97 10/20/2022 Lotus Woods 52,074.97 10/20/2022 Custom Home Builders Title, LLC 52,074.97 Czech Mitchell 101-1520-4381 122.56 11/3/2022 Mileage MRPA Conference 122.56 11/3/2022 Czech Mitchell 122.56 DAKOTA SUPPLY GROUP 700-0000-4550 647.68 10/20/2022 SS Repair Sleeve 647.68 10/20/2022 DAKOTA SUPPLY GROUP 701-0000-4120 357.65 11/3/2022 Gun Flint Cadweld, 10" Conductivity, 24" Conductivity DAKOTA SUPPLY GROUP 700-0000-4120 357.64 11/3/2022 Gun Flint Cadweld, 10" Conductivity, 24" Conductivity 715.29 11/3/2022 DAKOTA SUPPLY GROUP 1,362.97 DEM-CON LANDFILL 101-1320-4150 883.66 10/20/2022 Street Sweepings 883.66 10/20/2022 DEM-CON LANDFILL 883.66 Durski Matthew & Sokneang 700-0000-2020 37.60 10/20/2022 Refund Check 097620-000, 746 CARVER BEACH ROAD Durski Matthew & Sokneang 720-0000-2020 27.56 10/20/2022 Refund Check 097620-000, 746 CARVER BEACH ROAD Durski Matthew & Sokneang 701-0000-2020 53.84 10/20/2022 Refund Check 097620-000, 746 CARVER BEACH ROAD Durski Matthew & Sokneang 700-0000-2020 3.70 10/20/2022 Refund Check 097620-000, 746 CARVER BEACH ROAD 122.70 10/20/2022 AP - Check Detail-Checks (11/4/2022)Page 8 of 31 128 Last Name Acct 1 Amount Check Date Description Durski Matthew & Sokneang 122.70 Earl F Andersen Inc 101-1320-4560 391.55 10/27/2022 Pedestrian Sign - Portable Base 391.55 10/27/2022 Earl F Andersen Inc 391.55 Environmental Equipment & Services Inc 101-1320-4120 206.00 11/3/2022 Male Conn, Fan Nozzle, Extra GB Water Bkt 206.00 11/3/2022 Environmental Equipment & Services Inc 206.00 ERHART TIMOTHY & DAWNE 101-0000-2076 13,500.00 10/20/2022 Erhart Farms - IUP Grading 13,500.00 10/20/2022 ERHART TIMOTHY & DAWNE 13,500.00 Esquire Title Service 701-0000-2020 39.76 10/20/2022 Refund Check 099327-000, 6221 CASCADE PASS Esquire Title Service 700-0000-2020 160.15 10/20/2022 Refund Check 099327-000, 6221 CASCADE PASS Esquire Title Service 720-0000-2020 26.22 10/20/2022 Refund Check 099327-000, 6221 CASCADE PASS Esquire Title Service 700-0000-2020 3.53 10/20/2022 Refund Check 099327-000, 6221 CASCADE PASS 229.66 10/20/2022 Esquire Title Service 229.66 Esquire Title Services 700-0000-2020 6.82 10/20/2022 Refund Check 098580-001, 817 LAKE SUSAN HLS DR Esquire Title Services 720-0000-2020 1.80 10/20/2022 Refund Check 098580-001, 817 LAKE SUSAN HLS DR 8.62 10/20/2022 Esquire Title Services 8.62 EVERHART SHAWN 700-0000-2020 2.28 10/20/2022 Refund Check 020352-003, 1050 BUTTE COURT AP - Check Detail-Checks (11/4/2022)Page 9 of 31 129 Last Name Acct 1 Amount Check Date Description EVERHART SHAWN 701-0000-2020 5.31 10/20/2022 Refund Check 020352-003, 1050 BUTTE COURT 7.59 10/20/2022 EVERHART SHAWN 7.59 Executive Title 701-0000-2020 9.16 10/20/2022 Refund Check 009221-000, 7010 DAKOTA AVE Executive Title 700-0000-2020 0.17 10/20/2022 Refund Check 009221-000, 7010 DAKOTA AVE Executive Title 720-0000-2020 1.32 10/20/2022 Refund Check 009221-000, 7010 DAKOTA AVE Executive Title 700-0000-2020 19.18 10/20/2022 Refund Check 009221-000, 7010 DAKOTA AVE 29.83 10/20/2022 Executive Title 29.83 Executive Title Services 701-0000-2020 38.30 10/20/2022 Refund Check 005546-000, 515 SUMMERFIELD DRIVE Executive Title Services 720-0000-2020 3.67 10/20/2022 Refund Check 005546-000, 515 SUMMERFIELD DRIVE Executive Title Services 701-0000-2020 55.07 10/20/2022 Refund Check 099575-000, 981 LAKE LUCY ROAD Executive Title Services 720-0000-2020 27.69 10/20/2022 Refund Check 099575-000, 981 LAKE LUCY ROAD Executive Title Services 700-0000-2020 38.59 10/20/2022 Refund Check 099575-000, 981 LAKE LUCY ROAD Executive Title Services 700-0000-2020 3.73 10/20/2022 Refund Check 099575-000, 981 LAKE LUCY ROAD 167.05 10/20/2022 Executive Title Services 167.05 FACTORY MOTOR PARTS COMPANY 101-1320-4120 311.72 10/20/2022 C950 R195 FACTORY MOTOR PARTS COMPANY 701-0000-4140 289.24 10/20/2022 C730 R1157 600.96 10/20/2022 FACTORY MOTOR PARTS COMPANY 600.96 Fatturi Ana 101-1220-4381 25.00 10/20/2022 Mileage to Fire Marshal Conference 25.00 10/20/2022 AP - Check Detail-Checks (11/4/2022)Page 10 of 31 130 Last Name Acct 1 Amount Check Date Description Fatturi Ana 25.00 Ferguson Waterworks #2518 700-0000-4550 41.71 10/20/2022 New Meter Parts - MIP SWVL, SDR SWVL Ferguson Waterworks #2518 700-0000-4550 84.48 10/20/2022 RUB DI MTR, COP Conductive Strap 126.19 10/20/2022 Ferguson Waterworks #2518 101-1320-4240 10.84 10/27/2022 Mesh Safety Vest 10.84 10/27/2022 Ferguson Waterworks #2518 700-0000-4550 104.41 11/3/2022 Raptor 16 oz Brick, 1-1/2X6 Curb, 2 Curb BX Coup 104.41 11/3/2022 Ferguson Waterworks #2518 241.44 First American Title 701-0000-2020 3.36 10/20/2022 Refund Check 006224-000, 8052 ERIE SPUR First American Title 720-0000-2020 5.57 10/20/2022 Refund Check 006224-000, 8052 ERIE SPUR First American Title 700-0000-2020 7.36 10/20/2022 Refund Check 006224-000, 8052 ERIE SPUR First American Title 700-0000-2020 0.74 10/20/2022 Refund Check 006224-000, 8052 ERIE SPUR 17.03 10/20/2022 First American Title 17.03 Fluid Interiors LLC 701-0000-4120 222.38 11/3/2022 Chair Back, Improve SE Mesh Fluid Interiors LLC 700-0000-4120 222.37 11/3/2022 Chair Back, Improve SE Mesh Fluid Interiors LLC 101-1320-4120 222.38 11/3/2022 Chair Back, Improve SE Mesh 667.13 11/3/2022 Fluid Interiors LLC 667.13 Go Gymnastics 101-1537-4343 937.50 10/20/2022 Gymnastics Lessons Go Gymnastics 101-1538-4343 600.00 10/20/2022 Gymnastics Lessons 1,537.50 10/20/2022 AP - Check Detail-Checks (11/4/2022)Page 11 of 31 131 Last Name Acct 1 Amount Check Date Description Go Gymnastics 1,537.50 GONYEA HOMES 101-0000-2075 750.00 10/20/2022 Permit 2021-04531 - 9225 Eagle Ridge Road - Landscape Escrow GONYEA HOMES 101-0000-2075 750.00 10/20/2022 Permit 2021-03843 - 9257 Hawkcrest - Landscape Escrow 1,500.00 10/20/2022 GONYEA HOMES 101-0000-2073 3,050.00 10/27/2022 Erosion Control - Permit 2021-03843 - 9257 Hawkcrest Court GONYEA HOMES 101-0000-2073 2,000.00 10/27/2022 Erosion Control - Permit 2021-02444 - 9255 Eagle Ridge Road GONYEA HOMES 101-0000-2073 3,000.00 10/27/2022 Erosion Control - Permit 2021-05246 - 1800 Lucy Ridge Lane GONYEA HOMES 101-0000-2073 3,250.00 10/27/2022 Erosion Control - Permit 2021-01648 - 7055 Lucy Ridge Lane GONYEA HOMES 101-0000-2073 3,660.00 10/27/2022 Erosion Control - Permit 2021-02468 - 9175 Eagle Ridge Road GONYEA HOMES 101-0000-2073 4,100.00 10/27/2022 Erosion Control - Permit 2021-01053 - 7050 Lucy Ridge Lane GONYEA HOMES 101-0000-2073 2,850.00 10/27/2022 Erosion Control - Permit 2021-05247 - 1909 Della Drive GONYEA HOMES 101-0000-2073 2,825.00 10/27/2022 Erosion Control - Permit 2021-02445 - 7015 Lucy Ridge Lane GONYEA HOMES 101-0000-2073 3,750.00 10/27/2022 Erosion Control - Permit 2021-03892 - 1885 Della Drive GONYEA HOMES 101-0000-2073 4,100.00 10/27/2022 Erosion Control - Permit 2021-02466 - 1836 Lucy Ridge Circle GONYEA HOMES 101-0000-2073 2,700.00 10/27/2022 Erosion Control - Permit 2021-03895 - 1921 Della Drive GONYEA HOMES 101-0000-2073 2,800.00 10/27/2022 Erosion Control - Permit 2021-01207 - 6955 Lucy Ridge Lane GONYEA HOMES 101-0000-2073 2,650.00 10/27/2022 Erosion Control - Permit 2021-03893 - 1933 Della Drive GONYEA HOMES 101-0000-2073 2,650.00 10/27/2022 Erosion Control - Permit 2021-03890 - 1945 Della Drive GONYEA HOMES 101-0000-2073 3,100.00 10/27/2022 Erosion Control - Permit 2021-01649 - 6975 Lucy Ridge Lane GONYEA HOMES 101-0000-2073 2,650.00 10/27/2022 Erosion Control - Permit 2021-03897 - 1957 Della Drive GONYEA HOMES 101-0000-2073 2,650.00 10/27/2022 Erosion Control - Permit 2021-01050 - 9230 Eagle Ridge Road GONYEA HOMES 101-0000-2073 3,000.00 10/27/2022 Erosion Control - Permit 2021-03866 - 1812 Lucy Ridge Circle GONYEA HOMES 101-0000-2073 3,100.00 10/27/2022 Erosion Control - Permit 2021-03899 - 1813 Lucy Ridge Circle 57,885.00 10/27/2022 GONYEA HOMES 59,385.00 Gossard Beverly 101-1560-3637 10.00 10/20/2022 Class Refund - Silk Scarf 10.00 10/20/2022 Gossard Beverly 10.00 Grausam Bruce & Juliann 700-0000-2020 3.78 10/20/2022 Refund Check 012046-000, 941 SADDLEBROOK TRAIL Grausam Bruce & Juliann 700-0000-2020 80.70 10/20/2022 Refund Check 012046-000, 941 SADDLEBROOK TRAIL Grausam Bruce & Juliann 720-0000-2020 28.08 10/20/2022 Refund Check 012046-000, 941 SADDLEBROOK TRAIL AP - Check Detail-Checks (11/4/2022)Page 12 of 31 132 Last Name Acct 1 Amount Check Date Description Grausam Bruce & Juliann 701-0000-2020 112.80 10/20/2022 Refund Check 012046-000, 941 SADDLEBROOK TRAIL 225.36 10/20/2022 Grausam Bruce & Juliann 225.36 GRAYBAR 101-1350-4120 189.12 10/27/2022 Lu250/H/ECO Current Lighting Solution GRAYBAR 101-1350-4120 263.03 10/27/2022 PBL07466-001 Mobotrex 452.15 10/27/2022 GRAYBAR 101-1550-4120 389.88 11/3/2022 Current Lighting Solutions, LLC Multi-vapor clear lamp 389.88 11/3/2022 GRAYBAR 842.03 GREEN MEADOWS INC 101-1260-1193 96.64 10/20/2022 Lawn Mowing - 834 Cree Dr GREEN MEADOWS INC 101-1260-1193 273.16 10/20/2022 Lawn Mowing - 380 Deerfoot Trl GREEN MEADOWS INC 101-1260-1193 239.01 10/20/2022 Lawn Mowing - 470 W 78th St 608.81 10/20/2022 GREEN MEADOWS INC 608.81 Hiivala Kim 101-1130-4381 19.25 10/20/2022 Mileage - Intermediate Government Accounting 19.25 10/20/2022 Hiivala Kim 101-1130-4381 19.25 10/27/2022 Intermediate Governmental Acct Training - From City of Fridley 19.25 10/27/2022 Hiivala Kim 38.50 Huberty Thomas & Susan 720-0000-2020 1.19 10/20/2022 Refund Check 009745-000, 6450 FOX PATH Huberty Thomas & Susan 701-0000-2020 3.84 10/20/2022 Refund Check 009745-000, 6450 FOX PATH Huberty Thomas & Susan 700-0000-2020 12.24 10/20/2022 Refund Check 009745-000, 6450 FOX PATH Huberty Thomas & Susan 700-0000-2020 0.16 10/20/2022 Refund Check 009745-000, 6450 FOX PATH AP - Check Detail-Checks (11/4/2022)Page 13 of 31 133 Last Name Acct 1 Amount Check Date Description 17.43 10/20/2022 Huberty Thomas & Susan 17.43 Indigo Signs 101-1180-4300 300.00 10/27/2022 50% Down - Quote 92652 - Interior Election Signs 300.00 10/27/2022 Indigo Signs 300.00 IUOE Local #49 701-0000-2004 75.29 11/3/2022 PR Batch 00403.11.2022 Local 49 dues IUOE Local #49 700-0000-2004 134.71 11/3/2022 PR Batch 00403.11.2022 Local 49 dues IUOE Local #49 101-0000-2004 490.00 11/3/2022 PR Batch 00403.11.2022 Local 49 dues 700.00 11/3/2022 IUOE Local #49 700.00 Jeana Zacharias Jose Mathew &101-0000-2073 250.00 10/20/2022 Permit 2022-03104 - 7179 Alphabet St - Erosion Control 250.00 10/20/2022 Jeana Zacharias Jose Mathew & 250.00 Johnson Don 101-1222-4381 28.81 10/20/2022 Fuel for Hurrican Ian Mission 28.81 10/20/2022 Johnson Don 101-1220-4381 228.76 10/27/2022 Travel to MSFCA Conference - Victoria to Duluth RT 228.76 10/27/2022 Johnson Don 257.57 JOHNSON LONNIE 700-0000-2020 23.44 10/20/2022 Refund Check 020667-003, 7834 HARVEST LANE JOHNSON LONNIE 701-0000-2020 54.42 10/20/2022 Refund Check 020667-003, 7834 HARVEST LANE AP - Check Detail-Checks (11/4/2022)Page 14 of 31 134 Last Name Acct 1 Amount Check Date Description 77.86 10/20/2022 JOHNSON LONNIE 77.86 Jones Andrew & Chelsea 701-0000-2020 25.78 10/20/2022 Refund Check 099286-000, 1125 HOLLY LANE Jones Andrew & Chelsea 700-0000-2020 64.90 10/20/2022 Refund Check 099286-000, 1125 HOLLY LANE Jones Andrew & Chelsea 720-0000-2020 10.15 10/20/2022 Refund Check 099286-000, 1125 HOLLY LANE Jones Andrew & Chelsea 700-0000-2020 1.37 10/20/2022 Refund Check 099286-000, 1125 HOLLY LANE 102.20 10/20/2022 Jones Andrew & Chelsea 102.20 KEOGH JEFF 101-1250-4360 108.00 11/3/2022 Plumbing License Renewal, Building Official License Renewal 108.00 11/3/2022 KEOGH JEFF 108.00 Lake Title LLC 700-0000-2020 6.90 10/20/2022 Refund Check 012009-000, 7500 CANYON CURVE Lake Title LLC 701-0000-2020 78.45 10/20/2022 Refund Check 012009-000, 7500 CANYON CURVE Lake Title LLC 700-0000-2020 39.27 10/20/2022 Refund Check 012009-000, 7500 CANYON CURVE Lake Title LLC 720-0000-2020 51.35 10/20/2022 Refund Check 012009-000, 7500 CANYON CURVE 175.97 10/20/2022 Lake Title LLC 175.97 Lano Equipment 700-0000-4120 48.66 10/20/2022 Male Coupler Lano Equipment 700-0000-4120 147.84 10/20/2022 Male & Female Coupler 196.50 10/20/2022 Lano Equipment 196.50 LARKIN KATHLEEN 700-0000-2020 314.02 11/2/2022 Refund Check 097070-000, 2030 WATERLEAF LANE E LARKIN KATHLEEN 701-0000-2020 266.61 11/2/2022 Refund Check 097070-000, 2030 WATERLEAF LANE E AP - Check Detail-Checks (11/4/2022)Page 15 of 31 135 Last Name Acct 1 Amount Check Date Description 580.63 11/2/2022 LARKIN KATHLEEN 580.63 Lennar 101-0000-2033 150.71 10/20/2022 Overpayment- Permit 2022-03295 - 7148 Pearl Dr 150.71 10/20/2022 Lennar 150.71 LITTLE FALLS GRANITE WORKS INC 202-0000-4150 386.00 10/27/2022 Service Work on memorial - Bennett 386.00 10/27/2022 LITTLE FALLS GRANITE WORKS INC 386.00 MAUND ENTERTAINMENT INC 101-1614-4345 575.00 11/3/2022 2022 Halloween Party Face Painting 575.00 11/3/2022 MAUND ENTERTAINMENT INC 575.00 MCCUTCHEON TODD/SARA 720-0000-2020 4.75 10/20/2022 Refund Check 007530-000, 180 CASCADE COURT MCCUTCHEON TODD/SARA 700-0000-2020 0.64 10/20/2022 Refund Check 007530-000, 180 CASCADE COURT MCCUTCHEON TODD/SARA 700-0000-2020 1.43 10/20/2022 Refund Check 007530-000, 180 CASCADE COURT 6.82 10/20/2022 MCCUTCHEON TODD/SARA 6.82 McKesson Medical-Surgical Inc 101-1220-4142 100.24 10/20/2022 Chest Seal McKesson Medical-Surgical Inc 101-1220-4140 106.21 10/20/2022 Regulator 206.45 10/20/2022 McKesson Medical-Surgical Inc 101-1220-4142 491.08 11/3/2022 Emergency Kit, Exam Glove, Adhsv Tape, Impedance device, mask McKesson Medical-Surgical Inc 101-1220-4142 50.12 11/3/2022 Chest Seal - Twin Pack AP - Check Detail-Checks (11/4/2022)Page 16 of 31 136 Last Name Acct 1 Amount Check Date Description 541.20 11/3/2022 McKesson Medical-Surgical Inc 747.65 Mellberg Jon 720-0000-2020 156.17 10/20/2022 Refund Check 101445-000, 6689 PAWNEE DRIVE Mellberg Jon 700-0000-2020 185.97 10/20/2022 Refund Check 101445-000, 6689 PAWNEE DRIVE Mellberg Jon 700-0000-2020 21.01 10/20/2022 Refund Check 101445-000, 6689 PAWNEE DRIVE Mellberg Jon 701-0000-2020 249.43 10/20/2022 Refund Check 101445-000, 6689 PAWNEE DRIVE 612.58 10/20/2022 Mellberg Jon 612.58 Metro Gas Installers 101-1250-3305 23.63 11/3/2022 1800 Lucy Ridge Cir - Refund due to job value change Metro Gas Installers 101-0000-2022 0.53 11/3/2022 1800 Lucy Ridge Cir - Refund due to job value change 24.16 11/3/2022 Metro Gas Installers 24.16 Metronet Holdings, LLC 700-7043-4310 56.05 10/20/2022 Monthly Service - Water Treatment Plant 56.05 10/20/2022 Metronet Holdings, LLC 56.05 Metz Mark & Kari 101-0000-2073 250.00 10/20/2022 Permit 2022-01366 - 9701 Flintlock Trail - Erosion Control 250.00 10/20/2022 Metz Mark & Kari 250.00 MINNESOTA DEPARTMENT OF COMMERCE 701-0000-2020 35.17 10/20/2022 Unclaimed Property MINNESOTA DEPARTMENT OF COMMERCE 101-0000-2036 36,410.00 10/20/2022 Unclaimed Property MINNESOTA DEPARTMENT OF COMMERCE 720-0000-2036 -55.00 10/20/2022 Unclaimed Property MINNESOTA DEPARTMENT OF COMMERCE 815-8203-2024 250.00 10/20/2022 Unclaimed Property MINNESOTA DEPARTMENT OF COMMERCE 700-0000-2020 19.41 10/20/2022 Unclaimed Property AP - Check Detail-Checks (11/4/2022)Page 17 of 31 137 Last Name Acct 1 Amount Check Date Description MINNESOTA DEPARTMENT OF COMMERCE 101-0000-2036 310.00 10/20/2022 Unclaimed Property MINNESOTA DEPARTMENT OF COMMERCE 101-0000-2036 -952.50 10/20/2022 Unclaimed Property MINNESOTA DEPARTMENT OF COMMERCE 720-0000-2020 8.83 10/20/2022 Unclaimed Property MINNESOTA DEPARTMENT OF COMMERCE 815-8202-2024 250.00 10/20/2022 Unclaimed Property 36,275.91 10/20/2022 MINNESOTA DEPARTMENT OF COMMERCE 36,275.91 Minnesota Safety Council 101-1560-4343 46.00 10/27/2022 Coach Mature Driver II 46.00 10/27/2022 Minnesota Safety Council 46.00 Minnesota Title 700-0000-2020 77.62 10/20/2022 Refund Check 095460-000, 8791 REFLECTIONS ROAD Minnesota Title 700-0000-2020 0.91 10/20/2022 Refund Check 095460-000, 8791 REFLECTIONS ROAD Minnesota Title 720-0000-2020 6.73 10/20/2022 Refund Check 095460-000, 8791 REFLECTIONS ROAD Minnesota Title 701-0000-2020 27.05 10/20/2022 Refund Check 095460-000, 8791 REFLECTIONS ROAD Minnesota Title 701-0000-2020 3.82 10/20/2022 Refund Check 013486-001, 7201 JUNIPER AVENUE Minnesota Title 700-0000-2020 14.78 10/20/2022 Refund Check 013486-001, 7201 JUNIPER AVENUE Minnesota Title 700-0000-2020 0.82 10/20/2022 Refund Check 013486-001, 7201 JUNIPER AVENUE Minnesota Title 720-0000-2020 6.09 10/20/2022 Refund Check 013486-001, 7201 JUNIPER AVENUE 137.82 10/20/2022 Minnesota Title 137.82 MINNIE DEAN & KATHLEEN 701-0000-2020 6.34 10/20/2022 Refund Check 100668-000, 722 MAGGIE WAY MINNIE DEAN & KATHLEEN 700-0000-2020 8.86 10/20/2022 Refund Check 100668-000, 722 MAGGIE WAY MINNIE DEAN & KATHLEEN 700-0000-2020 1.03 10/20/2022 Refund Check 100668-000, 722 MAGGIE WAY MINNIE DEAN & KATHLEEN 720-0000-2020 1.96 10/20/2022 Refund Check 100668-000, 722 MAGGIE WAY 18.19 10/20/2022 MINNIE DEAN & KATHLEEN 18.19 MN DEPT OF TRANSPORTATION 601-6046-4752 645.98 11/3/2022 Material testing & Inspections AP - Check Detail-Checks (11/4/2022)Page 18 of 31 138 Last Name Acct 1 Amount Check Date Description 645.98 11/3/2022 MN DEPT OF TRANSPORTATION 645.98 MN NCPERS LIFE INSURANCE 101-0000-2037 96.00 11/3/2022 PR Batch 00403.11.2022 NCPERS-Life Insurance MN NCPERS LIFE INSURANCE 701-0000-2037 8.00 11/3/2022 PR Batch 00403.11.2022 NCPERS-Life Insurance MN NCPERS LIFE INSURANCE 700-0000-2037 8.00 11/3/2022 PR Batch 00403.11.2022 NCPERS-Life Insurance 112.00 11/3/2022 MN NCPERS LIFE INSURANCE 112.00 MN STATE FIRE CHIEFS ASSOC.101-1220-4370 325.00 10/27/2022 White, Becki: Annual Conference Registration 325.00 10/27/2022 MN STATE FIRE CHIEFS ASSOC. 325.00 Mork Daniel 700-7204-4901 100.00 11/3/2022 Waterwise Rebate 100.00 11/3/2022 Mork Daniel 100.00 Nahan Shelly 101-1538-4343 860.00 10/20/2022 Babysitting Training, SafeKids Training 860.00 10/20/2022 Nahan Shelly 860.00 NEOGOV 210-0000-4300 6,967.50 10/20/2022 Peform for the term, Software Services: Setup 6,967.50 10/20/2022 NEOGOV 210-0000-4300 5,220.59 10/27/2022 Subscription Fee for Governmentjobs.com AP - Check Detail-Checks (11/4/2022)Page 19 of 31 139 Last Name Acct 1 Amount Check Date Description 5,220.59 10/27/2022 NEOGOV 12,188.09 NetZoom, Inc.101-1160-4219 700.00 10/27/2022 NetZoom Visio Stencils Annual Renewal 700.00 10/27/2022 NetZoom, Inc. 700.00 NEWMAN SIGNS INC 101-1320-4560 843.07 11/3/2022 Special Traffic Signs - Do not block, Traffic Control Change 843.07 11/3/2022 NEWMAN SIGNS INC 843.07 NORTHWEST ASPHALT INC 420-1310-4710 77,352.10 10/20/2022 Lake Susan Trail 77,352.10 10/20/2022 NORTHWEST ASPHALT INC 77,352.10 NOVEL SOLAR THREE, LLC 700-0000-4320 7,118.18 10/20/2022 Solar - Aug, 2022 NOVEL SOLAR THREE, LLC 701-0000-4320 3,833.78 10/20/2022 Solar - Aug, 2022 NOVEL SOLAR THREE, LLC 101-1350-4320 176.37 10/20/2022 Solar - Aug, 2022 11,128.33 10/20/2022 NOVEL SOLAR THREE, LLC 11,128.33 Oddsen Kurt 601-6049-4300 1,310.00 10/20/2022 Brick Driveway Repair 1,310.00 10/20/2022 Oddsen Kurt 1,310.00 AP - Check Detail-Checks (11/4/2022)Page 20 of 31 140 Last Name Acct 1 Amount Check Date Description OLSEN AMY 720-0000-2020 13.60 10/20/2022 Refund Check 010892-000, 7237 PONTIAC CIRCLE OLSEN AMY 701-0000-2020 41.30 10/20/2022 Refund Check 010892-000, 7237 PONTIAC CIRCLE OLSEN AMY 700-0000-2020 3.84 10/20/2022 Refund Check 010892-000, 7237 PONTIAC CIRCLE OLSEN AMY 700-0000-2020 32.06 10/20/2022 Refund Check 010892-000, 7237 PONTIAC CIRCLE 90.80 10/20/2022 OLSEN AMY 90.80 PICTURE PERFECT HOMES INC 101-0000-2073 250.00 10/20/2022 Permit 2022-01937 - 7571 Beacon Ct - Erosion Control 250.00 10/20/2022 PICTURE PERFECT HOMES INC 250.00 Pierre Dan 700-7204-4901 100.00 11/3/2022 Waterwise Rebate 100.00 11/3/2022 Pierre Dan 100.00 PILGRIM DRY CLEANERS 101-1220-4300 459.73 10/20/2022 Laundry Service - Fire department 459.73 10/20/2022 PILGRIM DRY CLEANERS 459.73 Pipe Services Corporation 701-0000-4551 5,727.50 11/3/2022 Emergency Call 5,727.50 11/3/2022 Pipe Services Corporation 5,727.50 POSTMASTER 720-1130-4330 65.43 10/27/2022 Permit 14 - City of Chanhassen - Utility Mailing Postage POSTMASTER 701-1130-4330 386.71 10/27/2022 Permit 14 - City of Chanhassen - Utility Mailing Postage POSTMASTER 700-1130-4330 130.87 10/27/2022 Permit 14 - City of Chanhassen - Utility Mailing Postage POSTMASTER 720-1130-4330 193.36 10/27/2022 Permit 14 - City of Chanhassen - Utility Mailing Postage POSTMASTER 700-1130-4330 386.72 10/27/2022 Permit 14 - City of Chanhassen - Utility Mailing Postage AP - Check Detail-Checks (11/4/2022)Page 21 of 31 141 Last Name Acct 1 Amount Check Date Description POSTMASTER 701-1130-4330 130.87 10/27/2022 Permit 14 - City of Chanhassen - Utility Mailing Postage 1,293.96 10/27/2022 POSTMASTER 1,293.96 Pulse Electric 101-1170-4510 1,060.00 10/27/2022 Rewire Parking Lot Lights to time clock Pulse Electric 101-1170-4510 675.00 10/27/2022 Receptacles and switch move to new wall 1,735.00 10/27/2022 Pulse Electric 1,735.00 QUEST SOFTWARE INC 101-1160-4205 2,400.00 10/20/2022 Quest Rapid Recovery Annual Renewal 2,400.00 10/20/2022 QUEST SOFTWARE INC 2,400.00 Realtech Title LLC 700-0000-2020 1.34 10/20/2022 Refund Check 101048-000, 711 CONESTOGA TRAIL Realtech Title LLC 720-0000-2020 10.00 10/20/2022 Refund Check 101048-000, 711 CONESTOGA TRAIL Realtech Title LLC 701-0000-2020 16.30 10/20/2022 Refund Check 101048-000, 711 CONESTOGA TRAIL Realtech Title LLC 700-0000-2020 7.01 10/20/2022 Refund Check 101048-000, 711 CONESTOGA TRAIL 34.65 10/20/2022 Realtech Title LLC 34.65 Results Title 701-0000-2020 9.65 10/20/2022 Refund Check 014989-000, 2043 BRINKER STREET Results Title 720-0000-2020 3.00 10/20/2022 Refund Check 014989-000, 2043 BRINKER STREET Results Title 700-0000-2020 0.40 10/20/2022 Refund Check 014989-000, 2043 BRINKER STREET Results Title 700-0000-2020 8.61 10/20/2022 Refund Check 014989-000, 2043 BRINKER STREET 21.66 10/20/2022 Results Title 21.66 Retka Thomas 101-1560-4345 340.00 10/27/2022 Chan Senior Center Octoberfest Luncheon Event AP - Check Detail-Checks (11/4/2022)Page 22 of 31 142 Last Name Acct 1 Amount Check Date Description 340.00 10/27/2022 Retka Thomas 340.00 ROADKILL ANIMAL CONTROL 101-1320-4300 190.00 10/20/2022 Roadkill Animal Control 190.00 10/20/2022 ROADKILL ANIMAL CONTROL 190.00 Robert Phillips and Kasondra-Therese Osea Phillips 720-0000-2020 23.04 10/20/2022 Refund Check 102663-000, 9924 TRAILS END ROAD 23.04 10/20/2022 Robert Phillips and Kasondra-Therese Osea Phillips 23.04 RUEGEMER JERRY 101-1520-4381 133.13 11/3/2022 Mileage to MRPA Conference 133.13 11/3/2022 RUEGEMER JERRY 133.13 Schissel Peter & Holly 101-0000-2073 500.00 10/20/2022 Permit 2019-02089 - 3851 Red Cedar Point Rd - Erosion Control 500.00 10/20/2022 Schissel Peter & Holly 500.00 SCOTT COUNTY TREASURER 101-1220-4370 850.00 10/27/2022 Class A /Prop Use Fee 850.00 10/27/2022 SCOTT COUNTY TREASURER 850.00 SEH 410-4410-4300 1,378.09 11/3/2022 Lake Ann Wetland Delineation AP - Check Detail-Checks (11/4/2022)Page 23 of 31 143 Last Name Acct 1 Amount Check Date Description 1,378.09 11/3/2022 SEH 1,378.09 Shadywood Tree Experts and Landscaping 720-7202-4300 3,238.00 11/3/2022 Oak Prune Shadywood Tree Experts and Landscaping 720-7202-4300 13,410.00 11/3/2022 Tree Prune, Tree Removal 16,648.00 11/3/2022 Shadywood Tree Experts and Landscaping 16,648.00 SHERWIN WILLIAMS 101-1320-4120 247.00 10/27/2022 Drain Valve R/K 247.00 10/27/2022 SHERWIN WILLIAMS 247.00 SINNEN ALBERT 720-0000-2020 11.77 10/20/2022 Refund Check 016856-000, 8150 GRANDVIEW ROAD 11.77 10/20/2022 SINNEN ALBERT 11.77 SOFTWARE HOUSE INTERNATIONAL 101-1160-4205 2,565.00 11/3/2022 Symantec Enterprise AV Annual Renewal 2,565.00 11/3/2022 SOFTWARE HOUSE INTERNATIONAL 2,565.00 SOUTHWEST LOCK & KEY 700-0000-4510 341.00 10/27/2022 3 Padlocks SOUTHWEST LOCK & KEY 101-1170-4510 401.50 10/27/2022 22 Original Keys, Install new locks 742.50 10/27/2022 SOUTHWEST LOCK & KEY 742.50 AP - Check Detail-Checks (11/4/2022)Page 24 of 31 144 Last Name Acct 1 Amount Check Date Description Stewart Title Company 700-0000-2020 5.85 10/20/2022 Refund Check 098548-000, 2779 CENTURY CIRCLE Stewart Title Company 701-0000-2020 6.84 10/20/2022 Refund Check 098548-000, 2779 CENTURY CIRCLE Stewart Title Company 720-0000-2020 0.87 10/20/2022 Refund Check 098548-000, 2779 CENTURY CIRCLE Stewart Title Company 700-0000-2020 0.67 10/20/2022 Refund Check 098548-000, 2779 CENTURY CIRCLE 14.23 10/20/2022 Stewart Title Company 14.23 STICKS N BRICKS CONSTRUCTION 700-0000-2020 0.62 10/20/2022 Refund Check 103260-000, 8042 ERIE AVENUE STICKS N BRICKS CONSTRUCTION 720-0000-2020 4.62 10/20/2022 Refund Check 103260-000, 8042 ERIE AVENUE STICKS N BRICKS CONSTRUCTION 700-0000-2020 5.36 10/20/2022 Refund Check 103260-000, 8042 ERIE AVENUE STICKS N BRICKS CONSTRUCTION 701-0000-2020 1.82 10/20/2022 Refund Check 103260-000, 8042 ERIE AVENUE 12.42 10/20/2022 STICKS N BRICKS CONSTRUCTION 12.42 Summit Craftsman, LLC 101-0000-2073 250.00 10/20/2022 Permit 2022-02624 - 7100 Gunflint Trl - Erosion Control 250.00 10/20/2022 Summit Craftsman, LLC 250.00 Sustainovation, LLC 101-1120-4371 6,000.00 10/20/2022 Training 6,000.00 10/20/2022 Sustainovation, LLC 6,000.00 Tandon Priya 101-0000-1027 400.00 10/27/2022 Petty cash for Halloween Party registration 400.00 10/27/2022 Tandon Priya 400.00 TFORCE FINAL MILE 101-1420-4300 49.30 10/27/2022 Delivery - Campbell Knutson AP - Check Detail-Checks (11/4/2022)Page 25 of 31 145 Last Name Acct 1 Amount Check Date Description 49.30 10/27/2022 TFORCE FINAL MILE 400-0000-1155 49.52 11/3/2022 Delivery - Erhart Farms 49.52 11/3/2022 TFORCE FINAL MILE 98.82 The Hartford 720-0000-2015 58.88 11/3/2022 LTD November, 2022 The Hartford 101-0000-2015 1,326.00 11/3/2022 LTD November, 2022 The Hartford 701-0000-2015 64.16 11/3/2022 LTD November, 2022 The Hartford 700-0000-2015 99.73 11/3/2022 LTD November, 2022 The Hartford 210-0000-2015 19.78 11/3/2022 LTD November, 2022 1,568.55 11/3/2022 The Hartford 1,568.55 THE MAGIC OF BRIAN RICHARDS 101-1614-4345 320.00 10/20/2022 Halloween Party Magic Show 320.00 10/20/2022 THE MAGIC OF BRIAN RICHARDS 320.00 The Souza Family Revocable Trust 700-0000-2020 1.28 10/20/2022 Refund Check 005185-000, 9150 SPRINGFIELD DRIVE The Souza Family Revocable Trust 720-0000-2020 9.48 10/20/2022 Refund Check 005185-000, 9150 SPRINGFIELD DRIVE The Souza Family Revocable Trust 701-0000-2020 20.49 10/20/2022 Refund Check 005185-000, 9150 SPRINGFIELD DRIVE The Souza Family Revocable Trust 700-0000-2020 21.23 10/20/2022 Refund Check 005185-000, 9150 SPRINGFIELD DRIVE 52.48 10/20/2022 The Souza Family Revocable Trust 52.48 THIES KENNETH A 101-1614-4345 650.00 10/27/2022 2022 Halloween Party Hayrides 650.00 10/27/2022 AP - Check Detail-Checks (11/4/2022)Page 26 of 31 146 Last Name Acct 1 Amount Check Date Description THIES KENNETH A 650.00 TimeSaver Off Site Secretarial, Inc 210-0000-4300 381.00 10/20/2022 City Council, Park & Rec Commission Meetings 381.00 10/20/2022 TimeSaver Off Site Secretarial, Inc 381.00 Title Mark LLC 700-0000-2020 12.72 10/20/2022 Refund Check 096223-000, 138 LAKEVIEW ROAD E Title Mark LLC 701-0000-2020 35.86 10/20/2022 Refund Check 096223-000, 138 LAKEVIEW ROAD E Title Mark LLC 720-0000-2020 5.61 10/20/2022 Refund Check 096223-000, 138 LAKEVIEW ROAD E Title Mark LLC 700-0000-2020 1.30 10/20/2022 Refund Check 096223-000, 138 LAKEVIEW ROAD E Title Mark LLC 720-0000-2020 32.28 10/20/2022 Refund Check 008562-000, 7680 RIDGEVIEW WAY Title Mark LLC 700-0000-2020 4.34 10/20/2022 Refund Check 008562-000, 7680 RIDGEVIEW WAY Title Mark LLC 701-0000-2020 82.82 10/20/2022 Refund Check 008562-000, 7680 RIDGEVIEW WAY 174.93 10/20/2022 Title Mark LLC 174.93 Title Smart Inc 701-0000-2020 36.17 10/20/2022 Refund Check 099285-000, 920 SADDLEBROOK TRAIL Title Smart Inc 720-0000-2020 7.96 10/20/2022 Refund Check 099285-000, 920 SADDLEBROOK TRAIL Title Smart Inc 700-0000-2020 1.07 10/20/2022 Refund Check 099285-000, 920 SADDLEBROOK TRAIL Title Smart Inc 700-0000-2020 21.61 10/20/2022 Refund Check 099285-000, 920 SADDLEBROOK TRAIL Title Smart Inc 700-0000-2020 0.86 10/20/2022 Refund Check 099418-000, 7864 HARVEST LANE Title Smart Inc 700-0000-2020 2.17 10/20/2022 Refund Check 099418-000, 7864 HARVEST LANE Title Smart Inc 720-0000-2020 0.56 10/20/2022 Refund Check 099418-000, 7864 HARVEST LANE Title Smart Inc 701-0000-2020 3.51 10/20/2022 Refund Check 099418-000, 7864 HARVEST LANE 73.91 10/20/2022 Title Smart Inc 73.91 TOWMASTER INC 700-7025-4704 5,295.50 11/3/2022 Truck Bed, Hitch & Lighting TOWMASTER INC 701-7025-4704 5,295.50 11/3/2022 Truck Bed, Hitch & Lighting 10,591.00 11/3/2022 AP - Check Detail-Checks (11/4/2022)Page 27 of 31 147 Last Name Acct 1 Amount Check Date Description TOWMASTER INC 10,591.00 Trademark Title Services 701-0000-2020 42.80 10/20/2022 Refund Check 012608-000, 2061 MELODY HILL ROAD Trademark Title Services 700-0000-2020 1.79 10/20/2022 Refund Check 012608-000, 2061 MELODY HILL ROAD Trademark Title Services 700-0000-2020 38.18 10/20/2022 Refund Check 012608-000, 2061 MELODY HILL ROAD Trademark Title Services 720-0000-2020 13.28 10/20/2022 Refund Check 012608-000, 2061 MELODY HILL ROAD 96.05 10/20/2022 Trademark Title Services 96.05 Triethart DeeAnn 101-1170-4110 35.03 10/27/2022 Plates - Silverware 35.03 10/27/2022 Triethart DeeAnn 35.03 True North Controls 701-0000-4551 201.50 11/3/2022 Fiberglass Omin Base Station Antenna True North Controls 700-0000-4550 201.50 11/3/2022 Fiberglass Omin Base Station Antenna 403.00 11/3/2022 True North Controls 403.00 TWO TEACHER CONSTRUCTION 101-0000-2073 250.00 10/20/2022 Permit 2022-03376 - 6590 Pipewood Curv - Erosion Control 250.00 10/20/2022 TWO TEACHER CONSTRUCTION 250.00 Uhlenhake Clay & Christine 700-0000-2020 3.87 10/20/2022 Refund Check 006213-000, 8040 ERIE AVENUE Uhlenhake Clay & Christine 701-0000-2020 5.50 10/20/2022 Refund Check 006213-000, 8040 ERIE AVENUE Uhlenhake Clay & Christine 700-0000-2020 0.34 10/20/2022 Refund Check 006213-000, 8040 ERIE AVENUE Uhlenhake Clay & Christine 720-0000-2020 2.55 10/20/2022 Refund Check 006213-000, 8040 ERIE AVENUE 12.26 10/20/2022 AP - Check Detail-Checks (11/4/2022)Page 28 of 31 148 Last Name Acct 1 Amount Check Date Description Uhlenhake Clay & Christine 12.26 United Plastic Fabricating 101-1550-4120 2,385.12 10/27/2022 Fill/Return Line - Sub Surface United Plastic Fabricating 101-1550-4120 2,385.12 10/27/2022 Fill/Return Line - Sub Surface United Plastic Fabricating 101-1550-4120 -2,385.12 10/27/2022 Fill/Return Line, Service travel, and labor - Return 2,385.12 10/27/2022 United Plastic Fabricating 2,385.12 United Rentals (North America), Inc.701-0000-4410 -1,671.00 10/20/2022 Pump, Hose Return United Rentals (North America), Inc.701-0000-4410 2,739.00 10/20/2022 Pump, Hose, Strainers 1,068.00 10/20/2022 United Rentals (North America), Inc. 1,068.00 VERIZON WIRELESS 101-1310-4310 178.46 11/3/2022 Monthly Sept 19 - Oct 18, 2022 - Engineering VERIZON WIRELESS 101-1110-4310 40.01 11/3/2022 Monthly Sept 19 - Oct 18, 2022 - City Council VERIZON WIRELESS 101-1250-4310 363.51 11/3/2022 Monthly Sept 19 - Oct 18, 2022 - Building VERIZON WIRELESS 101-1530-4310 291.14 11/3/2022 Monthly Sept 19 - Oct 18, 2022 - Rec Center VERIZON WIRELESS 720-0000-4310 432.78 11/3/2022 Monthly Sept 19 - Oct 18, 2022 - Storm VERIZON WIRELESS 101-1600-4310 159.48 11/3/2022 Monthly Sept 19 - Oct 18, 2022 - Rec Programs VERIZON WIRELESS 701-0000-4310 -70.85 11/3/2022 Monthly Sept 24 - Oct 23 VERIZON WIRELESS 101-1220-4310 702.03 11/3/2022 Monthly Sept 24 - Oct 23 VERIZON WIRELESS 101-1170-4310 -39.99 11/3/2022 Monthly Sept 19 - Oct 18, 2022 VERIZON WIRELESS 700-0000-4310 175.10 11/3/2022 Monthly Service - Oct 07 - Oct 18 VERIZON WIRELESS 701-0000-4310 175.10 11/3/2022 Monthly Service - Oct 07 - Oct 18 VERIZON WIRELESS 101-1220-4310 56.03 11/3/2022 Monthly Oct 07 - Oct 18 VERIZON WIRELESS 101-1120-4310 190.59 11/3/2022 Monthly Sept 24 - Oct 23 VERIZON WIRELESS 700-0000-4310 -70.85 11/3/2022 Monthly Sept 24 - Oct 23 VERIZON WIRELESS 101-1170-4310 39.99 11/3/2022 Monthly Sept 19 - Oct 18 VERIZON WIRELESS 101-0000-2033 10.99 11/3/2022 Monthly Sept 19 - Oct 18, 2022 - Don's Payable VERIZON WIRELESS 101-1220-4310 702.03 11/3/2022 Monthly Sept 19 - Oct 18, 2022 - Fire VERIZON WIRELESS 101-1520-4310 51.93 11/3/2022 Monthly Sept 19 - Oct 18, 2022 - Park Admin VERIZON WIRELESS 101-1160-4310 138.45 11/3/2022 Monthly Sept 19 - Oct 18, 2022 - Mis VERIZON WIRELESS 101-1312-4310 46.15 11/3/2022 Monthly Sept 19 - Oct 18, 2022 - Public Works VERIZON WIRELESS 701-0000-4310 424.14 11/3/2022 Monthly Sept 19 - Oct 18, 2022 - Sewer VERIZON WIRELESS 101-1320-4310 274.32 11/3/2022 Monthly Sept 19 - Oct 18, 2022 - Street Maint VERIZON WIRELESS 210-0000-4310 41.15 11/3/2022 Monthly Sept 19 - Oct 18, 2022 - Communications AP - Check Detail-Checks (11/4/2022)Page 29 of 31 149 Last Name Acct 1 Amount Check Date Description VERIZON WIRELESS 101-1550-4310 533.83 11/3/2022 Monthly Sept 19 - Oct 18, 2022 - Park Maint VERIZON WIRELESS 101-1220-4310 -16.00 11/3/2022 Monthly Sept 19 - Oct 18 VERIZON WIRELESS 101-1220-4310 -702.03 11/3/2022 Monthly Sept 19 - Oct 18, 2022 VERIZON WIRELESS 101-1170-4310 46.15 11/3/2022 Monthly Sept 19 - Oct 18, 2022 - City Hall Maint VERIZON WIRELESS 101-1120-4310 -190.59 11/3/2022 Monthly Sept 19 - Oct 18, 2022 VERIZON WIRELESS 101-1370-4310 89.27 11/3/2022 Monthly Sept 19 - Oct 18, 2022 - Garage VERIZON WIRELESS 101-1420-4310 46.15 11/3/2022 Monthly Sept 19 - Oct 18, 2022 - Planning VERIZON WIRELESS 700-0000-4310 661.99 11/3/2022 Monthly Sept 19 - Oct 18, 2022 - Water VERIZON WIRELESS 101-1120-4310 232.34 11/3/2022 Monthly Sept 19 - Oct 18, 2022 - Admin 5,012.80 11/3/2022 VERIZON WIRELESS 5,012.80 Visu-Sewer Inc 101-0000-2076 3,500.00 10/20/2022 Meter Deposit - 3155 104th Ln NE 3,500.00 10/20/2022 Visu-Sewer Inc 3,500.00 Watermark Title Agency 720-0000-2020 5.81 10/20/2022 Refund Check 103194-000, 1030 SADDLEBROOK TRAIL Watermark Title Agency 700-0000-2020 0.78 10/20/2022 Refund Check 103194-000, 1030 SADDLEBROOK TRAIL Watermark Title Agency 700-0000-2020 4.25 10/20/2022 Refund Check 103194-000, 1030 SADDLEBROOK TRAIL Watermark Title Agency 701-0000-2020 4.16 10/20/2022 Refund Check 103194-000, 1030 SADDLEBROOK TRAIL Watermark Title Agency 700-0000-2020 0.09 10/20/2022 Refund Check 020602-000, 6895 LUCY RIDGE LANE Watermark Title Agency 701-0000-2020 4.00 10/20/2022 Refund Check 020602-000, 6895 LUCY RIDGE LANE Watermark Title Agency 700-0000-2020 11.98 10/20/2022 Refund Check 020602-000, 6895 LUCY RIDGE LANE Watermark Title Agency 720-0000-2020 0.68 10/20/2022 Refund Check 020602-000, 6895 LUCY RIDGE LANE Watermark Title Agency 720-0000-2020 7.65 10/20/2022 Refund Check 013612-000, 3921 MAPLE SHORES DR Watermark Title Agency 701-0000-2020 6.33 10/20/2022 Refund Check 013612-000, 3921 MAPLE SHORES DR Watermark Title Agency 700-0000-2020 2.65 10/20/2022 Refund Check 013612-000, 3921 MAPLE SHORES DR Watermark Title Agency 700-0000-2020 1.02 10/20/2022 Refund Check 013612-000, 3921 MAPLE SHORES DR Watermark Title Agency 720-0000-2020 3.03 10/20/2022 Refund Check 019585-000, 1501 PEMBROKE PASS Watermark Title Agency 700-0000-2020 0.63 10/20/2022 Refund Check 019585-000, 1501 PEMBROKE PASS Watermark Title Agency 700-0000-2020 27.73 10/20/2022 Refund Check 019585-000, 1501 PEMBROKE PASS Watermark Title Agency 701-0000-2020 34.87 10/20/2022 Refund Check 019585-000, 1501 PEMBROKE PASS Watermark Title Agency 701-0000-2020 50.86 10/20/2022 Refund Check 099299-000, 381 DEERFOOT TRAIL Watermark Title Agency 720-0000-2020 14.73 10/20/2022 Refund Check 099299-000, 381 DEERFOOT TRAIL Watermark Title Agency 700-0000-2020 35.19 10/20/2022 Refund Check 099299-000, 381 DEERFOOT TRAIL Watermark Title Agency 700-0000-2020 1.98 10/20/2022 Refund Check 099299-000, 381 DEERFOOT TRAIL AP - Check Detail-Checks (11/4/2022)Page 30 of 31 150 Last Name Acct 1 Amount Check Date Description 218.42 10/20/2022 Watermark Title Agency 218.42 Wickenhauser John 101-1550-4240 109.99 10/20/2022 Losse Fit Firm Duck Insulated Bib Overall 109.99 10/20/2022 Wickenhauser John 109.99 ZORTMAN JOSEPH & AURORA 700-0000-2020 0.57 10/20/2022 Refund Check 101666-000, 7414 MOCCASIN TRAIL ZORTMAN JOSEPH & AURORA 700-0000-2020 27.61 10/20/2022 Refund Check 101666-000, 7414 MOCCASIN TRAIL ZORTMAN JOSEPH & AURORA 701-0000-2020 0.81 10/20/2022 Refund Check 101666-000, 7414 MOCCASIN TRAIL ZORTMAN JOSEPH & AURORA 720-0000-2020 4.26 10/20/2022 Refund Check 101666-000, 7414 MOCCASIN TRAIL 33.25 10/20/2022 ZORTMAN JOSEPH & AURORA 33.25 409,026.64 AP - Check Detail-Checks (11/4/2022)Page 31 of 31 151 AP Check Detail-ACH User: dwashburn Printed: 11/4/2022 12:43:07 PM Last Name Acct 1 Amount Check Date Description 1Password 101-1160-4207 35.88 8/16/2022 1 password for Matt K 35.88 8/16/2022 1Password 35.88 Advanced Service and Parts LLC 700-0000-4120 255.14 8/16/2022 CS Heater Hotstart 255.14 8/16/2022 Advanced Service and Parts LLC 255.14 Air Compressors Plus 700-7043-4120 343.16 8/16/2022 MW WWTP Ingersoll Rand Autodrain Repalcement 343.16 8/16/2022 Air Compressors Plus 343.16 ALDI 101-1560-4112 54.34 8/16/2022 Carrots Cantaloupe Tomatoes Basil Seasoning Cheese 54.34 8/16/2022 ALDI 54.34 ALEX AIR APPARATUS INC 101-1220-4530 210.00 10/20/2022 Rebuild Kit for YVA series 210.00 10/20/2022 ALEX AIR APPARATUS INC 101-1220-4530 561.05 11/3/2022 Quarterly Compressor Air Quality Test AP - Check Detail-ACH (11/4/2022)Page 1 of 27 152 Last Name Acct 1 Amount Check Date Description 561.05 11/3/2022 ALEX AIR APPARATUS INC 771.05 Al-Hilwani Juli 101-1539-4343 75.00 10/20/2022 Pickleball Lessons 75.00 10/20/2022 Al-Hilwani Juli 75.00 Amazon 101-1616-4130 40.90 8/16/2022 Fla-Vor-Ice Popsicle Amazon 101-1613-4130 67.35 8/16/2022 Large American Flag Patriotic Banner Amazon 101-1613-4130 13.48 8/16/2022 Mardi Gras Beads Amazon 101-1170-4110 425.00 8/16/2022 Second Lamination refill for large laminator Amazon 700-0000-4510 183.00 8/16/2022 JC Dayton 1TDT2 Blower Amazon 101-1220-4290 396.90 8/16/2022 Parade Candy for 7-4 parade for Don J Amazon 101-1160-4131 896.00 8/16/2022 Spare Scanner Amazon 101-1616-4130 24.79 8/16/2022 Funny Water Balloons Self Sealing Amazon 101-1160-4530 560.93 8/16/2022 Replacement UPS for Chamber AV rm Amazon 101-1616-4130 3.99 8/16/2022 Rubber Bands Amazon 101-1370-4260 223.34 8/16/2022 CS 20T & 10T Hydraulic Cylinder Jack Porta Power Mini Hydraulic Amazon 101-1220-4142 6.00 8/16/2022 Safetec Sting Relief Wipe 48/box Amazon 101-1160-4530 246.80 8/16/2022 Replacement UPS for senior center AV rack Amazon 101-1806-4130 20.67 8/16/2022 Water Balloons for programs Amazon 101-1616-4130 77.36 8/16/2022 Frosting, craft sticks, rubber bands Amazon 101-1160-4530 84.78 8/16/2022 Printer Switch East Water Plant Ipad Keyboard Tim Monnens USB-C Amazon 101-1180-4110 -17.90 8/16/2022 Pack It Chic 10"X13' (200 Pk) - Return Amazon 101-1616-4130 44.22 8/16/2022 Wellsley Farms Pretzels Sticks Amazon 700-7043-4510 29.56 8/16/2022 MW WWTP SmartSign Adhesive Label Kit Amazon 101-1616-4130 48.99 8/16/2022 GSM Brands Dodgeballs - Foam soft skin Amazon 101-1616-4130 86.00 8/16/2022 SkinnyPop Popcorn Amazon 101-1613-4130 68.18 8/16/2022 100 Pc Small Bouncy Balls Temporary Tattoos Beads Amazon 101-1530-4120 490.34 8/16/2022 Replacement Baby Changing Stations Amazon 101-1616-4130 14.99 8/16/2022 Kickball Amazon 101-1170-4110 425.00 8/16/2022 Lamination refill large roll Amazon 101-1613-4130 31.98 8/16/2022 100 pcs 4th of July Mochi Squishy Toys Stress Relief Amazon 700-0000-4240 47.98 8/16/2022 MW Safety Glasses Amazon 101-1530-4130 41.99 8/16/2022 Wipes for fitness center Amazon 101-1616-4130 35.69 8/16/2022 400 Pack Disposable Paper Coffee Cup Amazon 101-1530-4120 89.00 8/16/2022 Wireless Microphone AP - Check Detail-ACH (11/4/2022)Page 2 of 27 153 Last Name Acct 1 Amount Check Date Description Amazon 101-1160-4207 7.83 8/16/2022 Sewer Televising Access Fee July Amazon 101-1160-4132 42.99 8/16/2022 Keyboard Mouse Combo Matt K Amazon 101-1160-4132 29.99 8/16/2022 1 cable for Kelly Grinnell and 1 spare Amazon 101-1160-4530 260.40 8/16/2022 printer maintenance kit finance/ New Fuser assembly Amazon 101-1613-4130 148.19 8/16/2022 Rice Krispies Treat Washable Sidewalk Chalks Amazon 101-1613-4130 29.90 8/16/2022 400 Glow Sticks Amazon 101-1220-4142 21.98 8/16/2022 Amazon - Charger Amazon 101-1616-4130 7.99 8/16/2022 4 cup basket coffee filters 200 White Amazon 101-1600-4130 36.59 8/16/2022 Sponsor gift bags Amazon 101-1550-4120 53.65 8/16/2022 CS Eyelet Sleeves Fit for 25-2 Autocut Trimmer Head Replace & 12 Amazon 101-1616-4130 -24.79 8/16/2022 Summer Discovery Playground program supply refund 5,322.03 8/16/2022 Amazon 5,322.03 AMERICAN ENGINEERING TESTING 402-1220-4702 997.50 11/3/2022 Chanhassen Crack Monitoring 997.50 11/3/2022 AMERICAN ENGINEERING TESTING 997.50 American Family Life Assurance Company of Columbus 101-0000-2008 39.78 10/27/2022 October, 2022 Premium 39.78 10/27/2022 American Family Life Assurance Company of Columbus 39.78 American Water Works Association 700-0000-4360 227.00 8/16/2022 JC AWWA Membership 227.00 8/16/2022 American Water Works Association 227.00 Apple.com 701-0000-4310 0.49 8/16/2022 BM iCloud Storage Photo Memory Apple.com 101-1220-4310 0.99 8/16/2022 Storage Apple.com 700-0000-4310 0.50 8/16/2022 BM iCloud Storage Photo Memory AP - Check Detail-ACH (11/4/2022)Page 3 of 27 154 Last Name Acct 1 Amount Check Date Description 1.98 8/16/2022 Apple.com 1.98 B&B Carpet One 101-1170-4510 848.61 8/16/2022 Carpet for new office where rolling cabinets were 848.61 8/16/2022 B&B Carpet One 848.61 BENSON KAYE L 101-1539-4343 588.00 11/3/2022 Fit for Life Instructor 588.00 11/3/2022 BENSON KAYE L 588.00 Bitly, Inc 101-1125-4360 35.00 8/16/2022 Online subscription for short URLs 35.00 8/16/2022 Bitly, Inc 35.00 BROADWAY AWARDS 101-1110-4375 95.82 11/3/2022 5-1/4 X 8 - 3/4 Diamond Impress Acrylic with Relfective Silver BROADWAY AWARDS 101-1170-4110 19.62 11/3/2022 Magnetic Name Badge 115.44 11/3/2022 BROADWAY AWARDS 115.44 Cabin Fever Sporting Goods 101-1613-4130 314.00 8/16/2022 tackle boxes Rod-Real Combos 314.00 8/16/2022 Cabin Fever Sporting Goods 314.00 Call-Em-All 101-1613-4130 9.00 8/16/2022 100 credits AP - Check Detail-ACH (11/4/2022)Page 4 of 27 155 Last Name Acct 1 Amount Check Date Description 9.00 8/16/2022 Call-Em-All 9.00 CAMPBELL KNUTSON 101-1140-4302 18,552.35 10/20/2022 Legal Services 18,552.35 10/20/2022 CAMPBELL KNUTSON 18,552.35 Carver County 101-1250-4300 420.00 10/27/2022 Soil Investigation, Design Review, Tank Inspection, Lateral Insp Carver County 101-1250-4300 480.00 10/27/2022 Soil Investigation, Design Review, Tank Inspection, Multi-Flo 900.00 10/27/2022 Carver County 900.00 CCP NI MASTER TENANT 4 LLC 700-0000-4320 111.59 10/20/2022 Utilities - September, 2022 CCP NI MASTER TENANT 4 LLC 101-1600-4320 29.27 10/20/2022 Utilities - September, 2022 CCP NI MASTER TENANT 4 LLC 700-7019-4320 1,785.56 10/20/2022 Utilities - September, 2022 CCP NI MASTER TENANT 4 LLC 101-1220-4320 122.16 10/20/2022 Utilities - September, 2022 CCP NI MASTER TENANT 4 LLC 701-0000-4320 1,298.88 10/20/2022 Utilities - September, 2022 CCP NI MASTER TENANT 4 LLC 101-1540-4320 358.56 10/20/2022 Utilities - September, 2022 CCP NI MASTER TENANT 4 LLC 101-1350-4320 3,189.65 10/20/2022 Utilities - September, 2022 CCP NI MASTER TENANT 4 LLC 101-1550-4320 381.50 10/20/2022 Utilities - September, 2022 7,277.17 10/20/2022 CCP NI MASTER TENANT 4 LLC 7,277.17 Chipotle Mexican Grill 101-1110-4372 174.91 8/16/2022 Council Dinner 07-11-2022 Chipotle tacos for 10 174.91 8/16/2022 Chipotle Mexican Grill 174.91 Colonial Life & Accident Insurance Co 701-0000-2008 15.30 10/27/2022 October, 2022 Life AP - Check Detail-ACH (11/4/2022)Page 5 of 27 156 Last Name Acct 1 Amount Check Date Description Colonial Life & Accident Insurance Co 700-0000-2008 15.30 10/27/2022 October, 2022 Life Colonial Life & Accident Insurance Co 101-0000-2008 37.20 10/27/2022 October, 2022 Life 67.80 10/27/2022 Colonial Life & Accident Insurance Co 67.80 COMPUTER INTEGRATION TECHN.101-1160-4211 377.00 10/20/2022 Datto Office365 Backup Service - Nov COMPUTER INTEGRATION TECHN.101-1160-4211 17.00 10/20/2022 Azure AD P2 + Exchange Online - Oct COMPUTER INTEGRATION TECHN.400-4147-4703 28,330.00 10/20/2022 Replacement PW Server and San 28,724.00 10/20/2022 COMPUTER INTEGRATION TECHN.101-1160-4205 100.00 10/27/2022 Wireless SSL Certificate Annual Renewal COMPUTER INTEGRATION TECHN.101-1160-4300 3,000.00 10/27/2022 Network Services Retainer 3,100.00 10/27/2022 COMPUTER INTEGRATION TECHN. 31,824.00 Costco Wholesale 101-1613-4130 104.95 8/16/2022 Gatorade Classic Coke Diet Mt Dew Motts Fruit Costco Wholesale 101-1806-4130 23.38 8/16/2022 rec sports fruit snacks Costco Wholesale 101-1220-4290 357.21 8/16/2022 Cookies Yellow Onion Pickles Watermelon Hotdog bun chips 485.54 8/16/2022 Costco Wholesale 485.54 Critical Tool 101-1550-4150 1,032.48 8/16/2022 GB Wood Lath (Restock PW) 1,032.48 8/16/2022 Critical Tool 1,032.48 Crystal Infosystems LLC 101-1170-4110 602.00 10/27/2022 Toner Public works office HP 602.00 10/27/2022 AP - Check Detail-ACH (11/4/2022)Page 6 of 27 157 Last Name Acct 1 Amount Check Date Description Crystal Infosystems LLC 602.00 Cub Foods 101-1540-4130 28.50 8/16/2022 Hot Dogs Buns Tostados Cub Foods 101-1540-4130 10.50 8/16/2022 Rest Toast Cub Foods 101-1613-4130 150.33 8/16/2022 Minute Maid Soda Rootbeer Orange Crush Cub Foods 101-1600-4130 26.69 8/16/2022 Apples Bananas Cookies Crispy Bite Cub Foods 101-1540-4130 18.46 8/16/2022 Flavor Mix Paper Towels Cub Foods 101-1560-4112 79.82 8/16/2022 Twins trip - water and snacks on bus Cub Foods 101-1540-4130 80.74 8/16/2022 Doritos Cheetos Hot Dog Buns Tostados Cub Foods 101-1540-4130 22.29 8/16/2022 Napkins Hot Dog Buns Cub Foods 101-1540-4130 15.00 8/16/2022 Hot Dogs Buns Cub Foods 101-1540-4130 22.98 8/16/2022 Flavor Mix 18 Pk Cheesy Mix 18pk Cub Foods 101-1540-4130 23.49 8/16/2022 Cheesy Mix 18pk Hot Dog buns Cub Foods 101-1613-4130 53.78 8/16/2022 CB Water and Gatorade for 4th of July Meeting with Carver County Cub Foods 101-1540-4130 13.48 8/16/2022 Yellow Mustard Ketchup Cub Foods 101-1540-4130 23.81 8/16/2022 Dixie Plate Cub Foods 101-1613-4130 27.87 8/16/2022 Mountain Dew Diet Mountain Dew Cub Foods 101-1540-4130 46.45 8/16/2022 Dasani Bottle Water Family Fun Mix Flavor Mix Cub Foods 101-1320-4150 8.98 8/16/2022 RL Ice Cub Foods 101-1613-4130 20.91 8/16/2022 4th of July Sodas Cub Foods 101-1560-4112 113.83 8/16/2022 Lions Club Picnic at Lake Ann - soda and ice Cub Foods 101-1220-4290 39.62 8/16/2022 Old Fashion Potato Salad 827.53 8/16/2022 Cub Foods 827.53 Danial Reem 101-1539-4343 340.20 10/27/2022 Zumba Instructor 340.20 10/27/2022 Danial Reem 340.20 Davanni's 101-1110-4372 123.73 8/16/2022 Council dinner 6-27-22 Davannis 123.73 8/16/2022 Davanni's 123.73 AP - Check Detail-ACH (11/4/2022)Page 7 of 27 158 Last Name Acct 1 Amount Check Date Description Dell 101-1160-4131 1,235.00 8/16/2022 Computer for Building Department Counter 1,235.00 8/16/2022 Dell 1,235.00 Delta Dental 701-0000-2013 258.31 10/20/2022 November, 2022 Dental Delta Dental 700-0000-2013 348.29 10/20/2022 November, 2022 Dental Delta Dental 720-0000-2013 219.15 10/20/2022 November, 2022 Dental Delta Dental 101-0000-2013 3,494.02 10/20/2022 November, 2022 Dental Delta Dental 210-0000-2013 45.00 10/20/2022 November, 2022 Dental 4,364.77 10/20/2022 Delta Dental 4,364.77 Dollar Tree Stores Inc 101-1613-4130 8.06 8/16/2022 Glow 8in Bracelet Sunglasses Mini Patriotic Hats Headband 8.06 8/16/2022 Dollar Tree Stores Inc 8.06 Duluth Entertainment Convention Center 101-1125-4381 10.00 8/16/2022 LMC Parking Conference Fee 10.00 8/16/2022 Duluth Entertainment Convention Center 10.00 Duluth Holiday Inn 101-1125-4381 317.98 8/16/2022 Hotel room for LMC conference 317.98 8/16/2022 Duluth Holiday Inn 317.98 ELECTRIC PUMP INC 701-0000-4551 2,557.50 10/20/2022 Detector, Leakage, Repair Kit, Pump 2,557.50 10/20/2022 AP - Check Detail-ACH (11/4/2022)Page 8 of 27 159 Last Name Acct 1 Amount Check Date Description ELECTRIC PUMP INC 2,557.50 EMERGENCY AUTOMOTIVE TECH INC 101-1550-4120 70.76 10/27/2022 Whelen H35SN12 Blub 70.76 10/27/2022 EMERGENCY AUTOMOTIVE TECH INC 70.76 ESS BROTHERS & SONS INC 720-7207-4150 4,182.00 11/3/2022 Storm Lid, San Lid, Frame ESS BROTHERS & SONS INC 701-0000-4150 8,221.20 11/3/2022 Storm Lid, San Lid, Frame 12,403.20 11/3/2022 ESS BROTHERS & SONS INC 12,403.20 Experts Exchange 101-1160-4207 199.95 8/16/2022 Experts Exchange Annual Renewal 199.95 8/16/2022 Experts Exchange 199.95 FASTENAL COMPANY 101-1550-4120 254.94 10/20/2022 Safety Glasses, Ear Plug FASTENAL COMPANY 101-1320-4150 108.00 10/20/2022 1/2x4SCBlt+Ancr 362.94 10/20/2022 FASTENAL COMPANY 362.94 FedEx Office 101-1160-4300 92.93 8/16/2022 Shipping Charge - Return Old Barracuda Archiver 92.93 8/16/2022 FedEx Office 92.93 Felling Trailers Inc 101-1550-4120 60.22 8/16/2022 CS Plug 7 Pole RV 82 0 AP - Check Detail-ACH (11/4/2022)Page 9 of 27 160 Last Name Acct 1 Amount Check Date Description 60.22 8/16/2022 Felling Trailers Inc 60.22 Fidelity Security Life 701-0000-2007 5.63 10/27/2022 November, 2022 Vision Fidelity Security Life 720-0000-2007 6.44 10/27/2022 November, 2022 Vision Fidelity Security Life 101-0000-2007 278.68 10/27/2022 November, 2022 Vision Fidelity Security Life 700-0000-2007 12.07 10/27/2022 November, 2022 Vision 302.82 10/27/2022 Fidelity Security Life 302.82 Full Source 701-0000-4240 37.46 8/16/2022 BM Gloves Full Source 700-0000-4240 441.80 8/16/2022 BM Gloves Full Source 701-0000-4240 441.80 8/16/2022 BM Gloves Full Source 700-0000-4240 37.46 8/16/2022 BM Gloves 958.52 8/16/2022 Full Source 958.52 GMH ASPHALT CORP 601-6049-4751 544,677.83 10/20/2022 2022 City Pavement Rehab Project (22-01) 544,677.83 10/20/2022 GMH ASPHALT CORP 544,677.83 GOPHER STATE ONE-CALL INC 701-0000-4300 290.92 11/3/2022 Service calls - October, 2022 GOPHER STATE ONE-CALL INC 700-0000-4300 290.93 11/3/2022 Service calls - October, 2022 581.85 11/3/2022 GOPHER STATE ONE-CALL INC 581.85 Government Finance Officers Association 101-1130-4301 530.00 8/16/2022 Certificate of Achievement Review Fee FY2021 AP - Check Detail-ACH (11/4/2022)Page 10 of 27 161 Last Name Acct 1 Amount Check Date Description 530.00 8/16/2022 Government Finance Officers Association 530.00 Grainger 700-0000-4550 51.90 8/16/2022 JC Pressure Gauge 2 Dial Size Black Grainger 700-7019-4510 202.68 8/16/2022 JC EWTP Pleated Air Filter 254.58 8/16/2022 Grainger 254.58 HANSEN THORP PELLINEN OLSON 400-0000-1155 206.00 10/20/2022 Lake Place Apartments HANSEN THORP PELLINEN OLSON 400-0000-1155 1,457.50 10/20/2022 Cunningham 2nd Addition HANSEN THORP PELLINEN OLSON 400-0000-1155 643.75 10/20/2022 Berrospid Development - Construction Admin and Observation 2,307.25 10/20/2022 HANSEN THORP PELLINEN OLSON 2,307.25 HAWKINS CHEMICAL 700-7019-4160 10.00 10/20/2022 Chlorine Cylinder HAWKINS CHEMICAL 700-7019-4160 10.00 10/20/2022 Chlorine Cylinder HAWKINS CHEMICAL 700-7019-4160 10.00 10/20/2022 Chlorine Cylinder HAWKINS CHEMICAL 700-7043-4160 30.00 10/20/2022 Chlorine Cylinder HAWKINS CHEMICAL 700-7019-4160 10.00 10/20/2022 Chlorine Cylinder 70.00 10/20/2022 HAWKINS CHEMICAL 700-7043-4160 7,468.00 11/3/2022 Chlorine, Chlorine Cylinder 7,468.00 11/3/2022 HAWKINS CHEMICAL 7,538.00 Health Strategies 101-1220-4352 152.50 10/20/2022 Physical Abilities - Robert Frisbie Health Strategies 101-1220-4352 152.50 10/20/2022 Physical Abilities - Daniel Martinez 305.00 10/20/2022 AP - Check Detail-ACH (11/4/2022)Page 11 of 27 162 Last Name Acct 1 Amount Check Date Description Health Strategies 305.00 HOISINGTON KOEGLER GROUP 101-1420-4300 4,035.28 10/20/2022 Chanhassen Civic Campus 4,035.28 10/20/2022 HOISINGTON KOEGLER GROUP 410-4410-4300 4,180.55 11/3/2022 CIP Implementation - Project 022-010 4,180.55 11/3/2022 HOISINGTON KOEGLER GROUP 8,215.83 Home Depot 101-1550-4120 112.97 8/16/2022 GB Chain Link Fence Repair Fasteners (Restock) Home Depot 701-0000-4260 118.42 8/16/2022 JG Pick Probe Set Wobble Extention Set Spark Plug Socket Drive F Home Depot 701-0000-4260 3.73 8/16/2022 CC Anvil Stainless Steel Stripping Brush Home Depot 700-0000-4260 118.42 8/16/2022 JG Pick Probe Set Wobble Extention Set Spark Plug Socket Drive F Home Depot 700-7043-4150 51.87 8/16/2022 GF Husky Combo Wrench 1/2 In Driver Elbow Brass Home Depot 700-0000-4150 386.12 8/16/2022 JC Marking Paint for Locates Home Depot 701-0000-4260 4.87 8/16/2022 GF Husky 1/2 Drive 15/16 12 Pt Home Depot 700-0000-4260 3.74 8/16/2022 CC Anvil Stainless Steel Stripping Brush Home Depot 700-7043-4150 630.76 8/16/2022 MW Hose Reel Leader, Black Marker, Dehumidifer 1,430.90 8/16/2022 Home Depot 1,430.90 Hootsuite Inc 101-1125-4360 588.00 8/16/2022 Yearly online subscription to social media management software 588.00 8/16/2022 Hootsuite Inc 588.00 Ingersoll-Rand 700-7043-4120 3,619.24 8/16/2022 Travel/Labor, Tube Assy, Aftercooler Modine Coil, Elect Bare, Lu 3,619.24 8/16/2022 Ingersoll-Rand 3,619.24 AP - Check Detail-ACH (11/4/2022)Page 12 of 27 163 Last Name Acct 1 Amount Check Date Description Innovative Office Solutions LLC 101-1170-4110 76.48 10/20/2022 Marker, Post-It Note, Tape, Pen, Note Pad 76.48 10/20/2022 Innovative Office Solutions LLC 101-1170-4110 304.66 10/27/2022 Calendar, Planner, Desk Pad, Adhesive 304.66 10/27/2022 Innovative Office Solutions LLC 101-1170-4110 5.37 11/3/2022 Therm Pouch Innovative Office Solutions LLC 101-1180-4110 69.96 11/3/2022 Pens Innovative Office Solutions LLC 101-1170-4110 49.50 11/3/2022 Marker, Planner, Staples Innovative Office Solutions LLC 101-1170-4110 35.18 11/3/2022 Pen, Therm Pouch Innovative Office Solutions LLC 101-1170-4110 60.91 11/3/2022 Planner, Soap, Glade Deodorant 220.92 11/3/2022 Innovative Office Solutions LLC 602.06 Jamf Software, LLC 101-1160-4207 126.00 8/16/2022 Monthly MDM charge for ipads 126.00 8/16/2022 Jamf Software, LLC 126.00 JEFFERSON FIRE SAFETY INC 201-0000-4705 10,505.91 10/27/2022 Holmatro - Pentheon Telescopic, Battery, Battery Charger, Ext Pi 10,505.91 10/27/2022 JEFFERSON FIRE SAFETY INC 10,505.91 Jimmy Johns 101-1220-4381 33.14 8/16/2022 Training event food for instructors - Parks employee CPR and Fir 33.14 8/16/2022 Jimmy Johns 33.14 KATH FUEL OIL SERVICE 101-1370-4170 127.00 10/27/2022 PW1000 GL, PW1000 Cold Flow 4/1 GL Case KATH FUEL OIL SERVICE 101-1370-4170 27,415.55 10/27/2022 Unleaded 87 Eth 10, Ultra Low #2 Dyed B5 AP - Check Detail-ACH (11/4/2022)Page 13 of 27 164 Last Name Acct 1 Amount Check Date Description 27,542.55 10/27/2022 KATH FUEL OIL SERVICE 701-0000-4170 357.50 11/3/2022 Pacemakert 32Gal KATH FUEL OIL SERVICE 700-0000-4170 357.50 11/3/2022 Pacemakert 32Gal 715.00 11/3/2022 KATH FUEL OIL SERVICE 28,257.55 KENNEDY & GRAVEN, CHARTERED 605-6502-4300 7,609.38 11/3/2022 Acquisition of Right of Way for C.R. 101 7,609.38 11/3/2022 KENNEDY & GRAVEN, CHARTERED 7,609.38 KIMLEY HORN AND ASSOCIATES INC 605-6502-4300 1,907.50 11/3/2022 TH101 Reconstruction KIMLEY HORN AND ASSOCIATES INC 400-0000-1155 28,162.50 11/3/2022 Private Dev Field Observ KIMLEY HORN AND ASSOCIATES INC 605-6503-4300 214.77 11/3/2022 TH101 Reconstruction 30,284.77 11/3/2022 KIMLEY HORN AND ASSOCIATES INC 30,284.77 Kwik Trip 101-1613-4130 13.95 8/16/2022 Ice Kwik Trip 101-1806-4130 2.79 8/16/2022 Ice for Rec Sports Kwik Trip 101-1807-4130 5.58 8/16/2022 Ice for Rec Sports Kwik Trip 101-1806-4130 5.58 8/16/2022 Ice for Rec Sports 27.90 8/16/2022 Kwik Trip 27.90 Lasercrafting 101-1170-4110 11.50 8/16/2022 Kelly Grinnell name plaque for Council Chambers 11.50 8/16/2022 AP - Check Detail-ACH (11/4/2022)Page 14 of 27 165 Last Name Acct 1 Amount Check Date Description Lasercrafting 11.50 League of Minnesota Cities 101-1125-4370 100.00 8/16/2022 LMC Conference Fee 100.00 8/16/2022 League of Minnesota Cities 100.00 LogMeIn Inc 101-1160-4207 1,030.80 8/16/2022 Yearly log me in rescue subscription 1,030.80 8/16/2022 LogMeIn Inc 1,030.80 Lunds & Byerly's 101-1220-4290 20.62 8/16/2022 Greenhouse Tomato Iceberg lettuce 20.62 8/16/2022 Lunds & Byerly's 20.62 LYMAN LUMBER 601-6049-4300 742.54 11/3/2022 Rough Cedar 742.54 11/3/2022 LYMAN LUMBER 742.54 Macqueen Emergency Group 201-0000-4705 1,052.72 10/27/2022 Surpreme w/Arti, Surpermag 9.5XW, Fire fighting Boot 1,052.72 10/27/2022 Macqueen Emergency Group 1,052.72 Marco Inc 101-1160-4411 735.00 10/20/2022 Konica Copiers Leases Fee - Oct 735.00 10/20/2022 AP - Check Detail-ACH (11/4/2022)Page 15 of 27 166 Last Name Acct 1 Amount Check Date Description Marco Inc 735.00 Matheson Tri-Gas, Inc.101-1550-4120 130.26 10/27/2022 Lincoln WS Bu 5/31 10 lb 130.26 10/27/2022 Matheson Tri-Gas, Inc. 130.26 Maus Kerry 101-1539-4343 270.00 11/3/2022 Line Dancing Instruction 270.00 11/3/2022 Maus Kerry 270.00 Menards 700-0000-4150 48.95 8/16/2022 JC Marking Paint for Locates Menards 700-7019-4510 204.29 8/16/2022 JC EWTP 50 Pint E-Star Dehum 253.24 8/16/2022 Menards 253.24 Merlins Ace Hardware 101-1310-4530 5.36 8/16/2022 Prec Screw Sl9/64 X2 - 1/2 5.36 8/16/2022 MERLINS ACE HARDWARE 700-7043-4120 10.69 10/20/2022 Fasteners MERLINS ACE HARDWARE 101-1530-4130 17.95 10/20/2022 Red Reflectors MERLINS ACE HARDWARE 101-1220-4120 32.18 10/20/2022 Lighblub, Batteries MERLINS ACE HARDWARE 700-0000-4150 58.85 10/20/2022 Threading MERLINS ACE HARDWARE 101-1220-4144 19.16 10/20/2022 Duct Tape MERLINS ACE HARDWARE 101-1220-4260 13.99 10/20/2022 Contractor Bag, Battery MERLINS ACE HARDWARE 101-1170-4530 36.88 10/20/2022 Door Chime, Bit Cut MERLINS ACE HARDWARE 700-7043-4510 23.57 10/20/2022 Tomcat Gel Attractatn, Mouse Trap, Heat Shrink MERLINS ACE HARDWARE 101-1550-4150 2.30 10/20/2022 Fasteners MERLINS ACE HARDWARE 101-1250-4520 99.99 10/20/2022 KS Transponder Key MERLINS ACE HARDWARE 700-0000-4550 35.42 10/20/2022 Couple Galv Steel, Threading MERLINS ACE HARDWARE 101-1350-4120 9.99 10/20/2022 LED 60W MERLINS ACE HARDWARE 101-1550-4120 338.01 10/20/2022 Caulk Lexel Clear, Blade, Thread Seal Tape MERLINS ACE HARDWARE 101-1160-4134 10.57 10/20/2022 Network Wallplates AP - Check Detail-ACH (11/4/2022)Page 16 of 27 167 Last Name Acct 1 Amount Check Date Description MERLINS ACE HARDWARE 101-1320-4150 231.66 10/20/2022 Hose, Blade Saw, Torch, Wrap 941.21 10/20/2022 MERLINS ACE HARDWARE 946.57 Metropolitan Council, Env Svcs 701-0000-2023 19,880.00 10/20/2022 September, 2022 - SAC Metropolitan Council, Env Svcs 101-1250-3816 -198.80 10/20/2022 September, 2022 - SAC 19,681.20 10/20/2022 Metropolitan Council, Env Svcs 19,681.20 Michaels 101-1180-4110 128.97 8/16/2022 Totes for Precinct Supply Bins (6) 128.97 8/16/2022 Michaels 128.97 Minnesota Pump Works 701-0000-4551 770.25 10/20/2022 Bypass UPS at the water tower Minnesota Pump Works 700-0000-4550 770.25 10/20/2022 Bypass UPS at the water tower 1,540.50 10/20/2022 Minnesota Pump Works 1,540.50 Minnesota Rural Water Association 700-0000-4360 150.00 8/16/2022 MW Minnesota Rural Water Association Membership 150.00 8/16/2022 Minnesota Rural Water Association 150.00 MN DEPT OF LABOR AND INDUSTRY 101-0000-2022 2,638.55 10/20/2022 September, 2022 - Building Permit Surcharge MN DEPT OF LABOR AND INDUSTRY 101-1250-3818 -52.77 10/20/2022 September, 2022 - Building Permit Surcharge 2,585.78 10/20/2022 AP - Check Detail-ACH (11/4/2022)Page 17 of 27 168 Last Name Acct 1 Amount Check Date Description MN DEPT OF LABOR AND INDUSTRY 2,585.78 MN VALLEY ELECTRIC COOP 101-1350-4320 245.95 10/20/2022 Monthly Service - County Rd 61 & St Hwy 101 Lights 245.95 10/20/2022 MN VALLEY ELECTRIC COOP 101-1350-4320 121.60 10/27/2022 Usage 09/07/2022 - 10/07/2022 - Bluff Crk & Flying Cloud Dr 121.60 10/27/2022 MN VALLEY ELECTRIC COOP 101-1350-4320 129.88 11/3/2022 Monthly Service - Bandimere Park Lights MN VALLEY ELECTRIC COOP 101-1350-4320 41.47 11/3/2022 Monthly Service - Kiowa Trl & St Hwy 101 Lights 171.35 11/3/2022 MN VALLEY ELECTRIC COOP 538.90 Monoprice.com 101-1170-4530 171.79 8/16/2022 Standing desk for Ashley 171.79 8/16/2022 Monoprice.com 171.79 MOSS & BARNETT 101-1125-4300 137.00 10/20/2022 mediacom renewal 137.00 10/20/2022 MOSS & BARNETT 137.00 NAPA AUTO & TRUCK PARTS 101-1310-4140 244.34 10/20/2022 Brake Rotor, Brake Pad NAPA AUTO & TRUCK PARTS 101-1220-4140 6.52 10/20/2022 Outl Bx NAPA AUTO & TRUCK PARTS 101-1320-4120 141.31 10/20/2022 Oil Filter, Air Filter 392.17 10/20/2022 NAPA AUTO & TRUCK PARTS 101-1320-4120 172.28 11/3/2022 Napa Gold Oil Filter 172.28 11/3/2022 AP - Check Detail-ACH (11/4/2022)Page 18 of 27 169 Last Name Acct 1 Amount Check Date Description NAPA AUTO & TRUCK PARTS 564.45 North American Safety 101-1320-4240 -147.60 8/16/2022 RL Credit for Duplicate Payment -147.60 8/16/2022 North American Safety -147.60 Office Max/Office Depot 101-1160-4132 26.55 8/16/2022 USB Cables - iPad Air Office Max/Office Depot 101-1180-4110 38.11 8/16/2022 2022-2023 Academic Year Planner (dry erase calendar) Office Max/Office Depot 701-0000-4120 24.66 8/16/2022 JJ USB 2 0 32GB USB Elite Edg 89.32 8/16/2022 Office Max/Office Depot 89.32 On-Site Medical Services Inc 701-0000-4300 61.25 11/3/2022 Audiometric Exam On-Site Medical Services Inc 101-1320-4300 61.25 11/3/2022 Audiometric Exam On-Site Medical Services Inc 101-1550-4300 61.25 11/3/2022 Audiometric Exam On-Site Medical Services Inc 700-0000-4300 61.25 11/3/2022 Audiometric Exam 245.00 11/3/2022 On-Site Medical Services Inc 245.00 O'Reilly Auto Parts 101-1310-4140 -70.52 8/16/2022 Parts Return O'Reilly Auto Parts 101-1310-4140 70.52 8/16/2022 Parts 0.00 8/16/2022 O'Reilly Auto Parts 0.00 Pearl of the Lake 101-1560-4342 837.52 8/16/2022 Boat ride tickets Lake Pepin/Red Wing trip 8-11-22 837.52 8/16/2022 AP - Check Detail-ACH (11/4/2022)Page 19 of 27 170 Last Name Acct 1 Amount Check Date Description Pearl of the Lake 837.52 PIP Decks 101-1120-4300 159.98 8/16/2022 facilitation tools 159.98 8/16/2022 PIP Decks 159.98 Pizzaioli 101-1613-4130 178.33 8/16/2022 Pizza for July 4th Staff 178.33 8/16/2022 Pizzaioli 178.33 POMP'S TIRE SERVICE INC 700-0000-4140 1,708.56 11/3/2022 Transforce At2 1,708.56 11/3/2022 POMP'S TIRE SERVICE INC 1,708.56 Postmaster 700-0000-4330 9.20 8/16/2022 JC Postage 9.20 8/16/2022 Postmaster 9.20 Potentia MN Solar 700-0000-4320 2,305.60 10/20/2022 August, 2022 - Utilities Potentia MN Solar 101-1190-4320 4,264.91 10/20/2022 August, 2022 - Utilities Potentia MN Solar 101-1170-4320 3,294.17 10/20/2022 August, 2022 - Utilities 9,864.68 10/20/2022 Potentia MN Solar 9,864.68 PRAIRIE RESTORATIONS INC 720-7202-4300 3,675.00 11/3/2022 Fox Woods Buckthorn Mgmt PRAIRIE RESTORATIONS INC 720-7202-4300 950.00 11/3/2022 Greenwood Shores Buckthorn Mgmt PRAIRIE RESTORATIONS INC 720-7202-4300 4,475.00 11/3/2022 Chan Nature Pres Buckthorn Mgmt AP - Check Detail-ACH (11/4/2022)Page 20 of 27 171 Last Name Acct 1 Amount Check Date Description 9,100.00 11/3/2022 PRAIRIE RESTORATIONS INC 9,100.00 Quality Flow Systems Inc 701-0000-4551 598.00 11/3/2022 Field Labor - General Repair Quality Flow Systems Inc 701-0000-4551 370.44 11/3/2022 KSB Monitoring Module 968.44 11/3/2022 Quality Flow Systems Inc 968.44 RealTruck.com 101-1550-4140 187.89 8/16/2022 "CS Ionic 3"" Stainless Nerf Bars" 187.89 8/16/2022 RealTruck.com 187.89 Safe-Fast, Inc.101-1550-4240 923.20 10/27/2022 Cotton/Polyester Knit, Jacket, Zipper Sweatshirt 923.20 10/27/2022 Safe-Fast, Inc. 923.20 Safety Vehicle Solutions 101-1220-4520 285.00 10/20/2022 Tahoe Repairs 285.00 10/20/2022 Safety Vehicle Solutions 285.00 SportCo.com 101-1320-4240 166.38 8/16/2022 JC Ryan Lannon - Iron Clad Bib 166.38 8/16/2022 SportCo.com 166.38 Sprinkler Warehouse 101-1550-4151 3,440.19 8/16/2022 GB Rain Bird Rotor Stainless Steel Crimp Clamps Angle Valve with AP - Check Detail-ACH (11/4/2022)Page 21 of 27 172 Last Name Acct 1 Amount Check Date Description 3,440.19 8/16/2022 Sprinkler Warehouse 3,440.19 Strapworks.com 101-1220-4142 -62.72 8/16/2022 Refund for Price Adjustment Strapworks.com 101-1220-4142 96.56 8/16/2022 Strap 33.84 8/16/2022 Strapworks.com 33.84 Stratoguard, LLC 101-1160-4205 218.24 8/16/2022 Proofpoint Email Filter Service - July 218.24 8/16/2022 Stratoguard, LLC 218.24 Sun Life Financial 700-0000-2037 158.64 11/3/2022 Life Insurance - November, 2022 Sun Life Financial 701-0000-2011 27.51 11/3/2022 Life Insurance - November, 2022 Sun Life Financial 701-0000-2037 158.64 11/3/2022 Life Insurance - November, 2022 Sun Life Financial 101-0000-2011 569.30 11/3/2022 Life Insurance - November, 2022 Sun Life Financial 101-0000-2037 948.82 11/3/2022 Life Insurance - November, 2022 Sun Life Financial 700-0000-2011 42.80 11/3/2022 Life Insurance - November, 2022 Sun Life Financial 210-0000-2011 8.42 11/3/2022 Life Insurance - November, 2022 Sun Life Financial 720-0000-2011 25.27 11/3/2022 Life Insurance - November, 2022 Sun Life Financial 101-0000-2011 17.03 11/3/2022 Life Insurance - Cobra - November, 2022 1,956.43 11/3/2022 Sun Life Financial 1,956.43 Suspa, Inc 101-1220-4120 45.99 8/16/2022 CS Gas Spring 45.99 8/16/2022 Suspa, Inc 45.99 AP - Check Detail-ACH (11/4/2022)Page 22 of 27 173 Last Name Acct 1 Amount Check Date Description Target 101-1616-4130 61.90 8/16/2022 Kelloggs Froot Loops Giant Target 101-1613-4130 7.52 8/16/2022 Washable Sidewalk Chalk 20pc Target 101-1616-4130 8.58 8/16/2022 Smartly Target 101-1616-4130 21.26 8/16/2022 Crayola Markers Broad Line 10ct Classic Target 101-1613-4130 25.56 8/16/2022 4th of July granola bars Target 101-1616-4130 19.08 8/16/2022 Gatorade Smartly Target 101-1613-4130 52.64 8/16/2022 Gatorade Drinking water Target 720-7201-4130 14.46 8/16/2022 Dubble Blow Pop Tootsie - Business Expo Supplies Target 101-1613-4130 37.79 8/16/2022 Catch Ball Set Striped Printed Bath Towel Beach Ball Target 101-1616-4130 5.56 8/16/2022 Smartly Target 101-1613-4130 20.98 8/16/2022 5 hour Energy for 4th of July Band Target 101-1616-4130 61.90 8/16/2022 Kelloggs Froot Loops Giant Target 101-1613-4130 20.87 8/16/2022 Beer for Pop Rocks per band rider Target 101-1616-4130 10.19 8/16/2022 Bunch O Balloons Recycle Balloons Target 101-1530-4130 7.99 8/16/2022 Paper plates Target 101-1530-4120 24.67 8/16/2022 Extension Cord & step stool for locker room Target 101-1613-4130 178.68 8/16/2022 Pool Float Catch Ball Set Towel Beach ball Flavored Snacks Target 101-1616-4130 32.17 8/16/2022 Bunch O Balloons Neon Splash May Target 101-1616-4130 13.95 8/16/2022 UP & UP PT Target 101-1616-4130 6.21 8/16/2022 Smartly Target 101-1806-4130 10.98 8/16/2022 Freeze Pops for Rec Sports 642.94 8/16/2022 Target 642.94 TENNANT 700-0000-4120 182.80 11/3/2022 Rod-End M10 x 1.5, Wheel 182.80 11/3/2022 TENNANT 182.80 The Mustard Seed 101-1550-4150 143.84 8/16/2022 AB Sod 143.84 8/16/2022 The Mustard Seed 143.84 True North Controls 700-0000-4550 165.00 8/16/2022 JJ Repair of 4RF Radio AP - Check Detail-ACH (11/4/2022)Page 23 of 27 174 Last Name Acct 1 Amount Check Date Description 165.00 8/16/2022 True North Controls 165.00 Turo Inc 101-1120-4381 382.87 8/16/2022 Drucker car rental 382.87 8/16/2022 Turo Inc 382.87 U of M Contlearning 101-1310-4370 215.00 8/16/2022 SWPPP training 215.00 8/16/2022 U of M Contlearning 215.00 U of M Soil Test Lab 720-7202-4320 58.00 8/16/2022 Lyman garden soil test 58.00 8/16/2022 U of M Soil Test Lab 58.00 USABlueBook 700-7043-4160 26.19 8/16/2022 MW WWTP Micro Check Test Strips Chlorine USABlueBook 700-7043-4160 26.19 8/16/2022 MW WWTP Micro Check Test Strips Chlorine 52.38 8/16/2022 USABlueBook 52.38 VALLEY PAVING INC 601-6046-4751 659,327.66 10/20/2022 2022 Lake Lucy Road Rehab Project 20-03 659,327.66 10/20/2022 VALLEY PAVING INC 659,327.66 Viking Electric Supply 701-0000-4551 234.98 8/16/2022 JJ LS #24 Cord Conns & Steel Locknuts AP - Check Detail-ACH (11/4/2022)Page 24 of 27 175 Last Name Acct 1 Amount Check Date Description 234.98 8/16/2022 Viking Electric Supply 234.98 Walgreens 101-1110-4340 21.45 8/16/2022 JM Rotary photo 21.45 8/16/2022 Walgreens 21.45 Wal-Mart 101-1613-4130 39.27 8/16/2022 Canada Dry Dr Pepper Sprite Wal-Mart 101-1613-4130 45.90 8/16/2022 Airhorn Liquid Scissors Bag Wal-Mart 101-1560-4112 113.20 8/16/2022 July 14 Soup Salad Speaker event food/supplies 198.37 8/16/2022 Wal-Mart 198.37 Warning Lites of Minnesota, Inc.101-1320-4410 524.00 10/20/2022 Equipment Lump Sum 524.00 10/20/2022 Warning Lites of Minnesota, Inc. 524.00 Water Conservation Services, Inc.700-0000-4552 413.75 11/3/2022 Leak Locate - 7146 Utica Lane 413.75 11/3/2022 Water Conservation Services, Inc. 413.75 Wild West Hackin' Fest 101-1160-4370 150.00 8/16/2022 Virtual cyber conference 150.00 8/16/2022 Wild West Hackin' Fest 150.00 AP - Check Detail-ACH (11/4/2022)Page 25 of 27 176 Last Name Acct 1 Amount Check Date Description WM MUELLER & SONS INC 420-0000-4150 196.13 10/20/2022 Sand, Base WM MUELLER & SONS INC 701-0000-4150 113.06 10/20/2022 Concrete Sand WM MUELLER & SONS INC 420-0000-4150 188.79 10/20/2022 Sand WM MUELLER & SONS INC 700-0000-4150 626.42 10/20/2022 Concrete Sand, Lundquist CY WM MUELLER & SONS INC 700-0000-4150 681.16 10/20/2022 Recycling Class, Lundquist Cy WM MUELLER & SONS INC 420-0000-4150 68.36 10/20/2022 1/2 Wear WM MUELLER & SONS INC 700-0000-4150 113.06 10/20/2022 Concrete Sand WM MUELLER & SONS INC 701-0000-4150 681.16 10/20/2022 Recycling Class, Lundquist Cy WM MUELLER & SONS INC 701-0000-4150 626.42 10/20/2022 Concrete Sand, Lundquist CY 3,294.56 10/20/2022 WM MUELLER & SONS INC 420-0000-4150 192.51 11/3/2022 1/4 Sand WM MUELLER & SONS INC 701-0000-4150 1,809.53 11/3/2022 Concrete Sani, Class 5 Gravel WM MUELLER & SONS INC 701-0000-4150 513.47 11/3/2022 Concrete Sani WM MUELLER & SONS INC 700-0000-4150 1,809.53 11/3/2022 Concrete Sani, Class 5 Gravel WM MUELLER & SONS INC 700-0000-4150 513.46 11/3/2022 Concrete Sani 4,838.50 11/3/2022 WM MUELLER & SONS INC 8,133.06 XCEL ENERGY INC 101-1350-4320 27.60 10/20/2022 Pedestrian Flashers XCEL ENERGY INC 700-0000-4320 234.82 10/20/2022 1720 Lake Lucy Rd 262.42 10/20/2022 XCEL ENERGY INC 101-1350-4320 30.05 10/27/2022 Service -1701 Valley Ridge Trl S, 1591 Heron Dr XCEL ENERGY INC 700-7043-4320 9,554.52 10/27/2022 Service - 2100 Lake Harrison Rd XCEL ENERGY INC 101-1350-4320 151.25 10/27/2022 Service - Service Walk Bridge, 500 Market St XCEL ENERGY INC 101-1350-4320 35.06 10/27/2022 Service - 1178 Lake Lucy Rd XCEL ENERGY INC 101-1350-4320 27.60 10/27/2022 Pedestrian Flashers, 6328 Hazeltine Blvd XCEL ENERGY INC 101-1600-4320 27.60 10/27/2022 Service - 7700 Market Blvd 9,826.08 10/27/2022 XCEL ENERGY INC 101-1550-4320 -232.46 11/3/2022 Monthly Service - Parks Dept XCEL ENERGY INC 701-0000-4320 -1,407.89 11/3/2022 Monthly Service - Lift Stations XCEL ENERGY INC 101-1190-4320 -1,142.23 11/3/2022 Monthly Service - Utilities XCEL ENERGY INC 701-0000-4320 226.89 11/3/2022 Monthly Service - Utilities XCEL ENERGY INC 101-1170-4320 -1,214.92 11/3/2022 Monthly Service - Utilities XCEL ENERGY INC 101-1220-4320 1,070.67 11/3/2022 Monthly Service - Utilities AP - Check Detail-ACH (11/4/2022)Page 26 of 27 177 Last Name Acct 1 Amount Check Date Description XCEL ENERGY INC 101-1312-4320 1,815.16 11/3/2022 Monthly Service - Utilities XCEL ENERGY INC 700-0000-4320 13,448.05 11/3/2022 Monthly Service - Wells XCEL ENERGY INC 700-0000-4320 -347.57 11/3/2022 Monthly Service - Lift Stations XCEL ENERGY INC 700-0000-4320 226.89 11/3/2022 Monthly Service - Utilities XCEL ENERGY INC 700-7019-4320 4,204.32 11/3/2022 Monthly Service - City Hall XCEL ENERGY INC 101-1171-4320 36.82 11/3/2022 Monthly Service - Utilities XCEL ENERGY INC 101-1600-4320 149.13 11/3/2022 Monthly Service - Parks Dept XCEL ENERGY INC 101-1540-4320 1,963.33 11/3/2022 Monthly Service - Parks Dept 18,796.19 11/3/2022 XCEL ENERGY INC 28,884.69 Zoom 101-1160-4207 85.90 8/16/2022 Monthly Zoom Webinar charge Rec Center/Admin 85.90 8/16/2022 Zoom 85.90 Zynnovation, LLC 720-7202-4130 503.88 8/16/2022 tree watering bags 503.88 8/16/2022 Zynnovation, LLC 503.88 1,504,063.46 AP - Check Detail-ACH (11/4/2022)Page 27 of 27 178 City Council Item November 14, 2022 Item Approve Temporary On-Sale Liquor License to Rotary Club of Chanhassen for February Festival on February 4, 2023 at Lake Ann Park File No.Item No: D.5 Agenda Section CONSENT AGENDA Prepared By Kim Meuwissen, City Clerk Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council approves the request from the Rotary Club of Chanhassen for a temporary on-sale intoxicating liquor license to sell alcoholic beverages at the February Festival on February 4 or 5, 2023 on Lake Ann." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY The Rotary Club of Chanhassen has submitted an application for a temporary on-sale intoxicating liquor license for the annual February Festival on February 4, 2023 (or February 5, 2023, if February 4 is cancelled due to weather) on Lake Ann. They plan to sell alcoholic beverages on the ice. The Rotary has submitted liquor liability insurance covering this event. BACKGROUND DISCUSSION BUDGET 179 RECOMMENDATION Staff recommends approval of the Rotary Club of Chanhassen’s request for a temporary on-sale liquor license for the February Festival on Saturday, February 4, 2023 (or February 5, 2023 if February 4 is cancelled due to weather) on Lake Ann. The fee is $1. ATTACHMENTS Liquor license application Location Map Certificate of Insurance 180 181 sell here 182 Rotary Club of Chanhassen, Minnesota City of Chanhassen PO Box 147 Chanhassen MN 55317 183 City Council Item November 14, 2022 Item Approve First Amendment to Development Contract - Avienda Townhomes File No.Planning Case #2021-22 Item No: D.6 Agenda Section CONSENT AGENDA Prepared By Erik Henricksen, Project Engineer Reviewed By Charlie Howley SUGGESTED ACTION "The Chanhassen City Council approves the First Amendment to the Development Contract for Avienda Townhomes." Motion Type Simple Majority Vote of members present Strategic Priority Development & Redevelopment SUMMARY BACKGROUND DISCUSSION The City approved the final plat and Development Contract for Avienda Townhomes on October 24th, 2022. The Development Contract is between the City and Level 7 Development, LLC. The parties desire to correct the Development Contract requirements concerning the timing of fees, model homes, and other minor changes to the conditions, as seen in the attached First Amendment to Development Contract. These corrections include the following: Requiring WAC/SAC fees be fully paid at the time building permits are issued in accordance with Avienda's Development Contract 184 Allowing for the construction of three (3) model homes and requirements associated with their permits and certificates of occupancy Minor changes to Contract conditions which provide clarification on how a Certificate of Compliance and the associated Securities can be processed. BUDGET RECOMMENDATION Staff recommends the City Council approve the First Amendment to the Development Contract for Avienda Townhomes. ATTACHMENTS Avienda Townhomes - First Amendment to the Development Contract 185 1 224000v3 (reserved for recording information) FIRST AMENDMENT TO DEVELOPMENT CONTRACT AVIENDA TOWNHOMES THIS FIRST AMENDMENT TO DEVELOPMENT CONTRACT (“Amendment”) is made this ___ day of November 2022, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (“City”), and LEVEL 7 DEVELOPMENT, LLC, a Minnesota limited liability company (the “Developer”). RECITALS A. The City and Developer previously entered into a Development Contract dated ___________, 2022 and filed of record on ____________, 2022 with the Carver County Recorder as Document No. __________ concerning the plat of Avienda Townhomes (“Development Contract”). B. The parties desire to correct the Development Contract requirement concerning the timing of fees, address model homes, and other minor changes to the conditions. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Paragraph 6 of the Special Conditions of the Development Contract is amended to add the following paragraph: Notwithstanding the foregoing, the amount of security shall be phased with utilities first and then adding roads, landscaping and improvements as the work progresses. The initial security amount shall be $981,972.19 (which is 100% of the initial utilities). As work is completed and paid, the amount of security shall be reduced accordingly and the city shall provide notice (but no more frequently than monthly) to the Developer and the Developer’s lender as to the then-current amount of required security. 186 2 224000v3 2. Paragraph 8(A)(1) of the Special Conditions of the Development Contract is amended in its entirety to read as follows: 1. Prior to release of the plat for recording and prior to scheduling a pre-construction meeting, Developer shall submit to the City $59,954.10 for the following City fees: Administration fee (based on estimated construction cost of $818,992.65) $ 21,379.85 GIS fee: 39 parcels @ $30/parcel + $100 for the plat $ 1,270.00 Partial payment of City sewer and water hookup fees: 39 units @ $691/unit (sewer) + $2,562/unit (water) (DEFERRED UNTIL BUILDING PERMITS) $ 0 Street light operating fee: 4 lights @ $300/light $ 1,200.00 Park Fee: 39 dwelling units @ $5,800/unit (WAIVED – CREDIT) $0 Surface Water Management Fee $ 36,104.25 Total $59,954.10 3. Paragraph 23(F) of the General Conditions of the Development Contract is amended in its entirety to read as follows: F. Building Permits. Except for 3 model homes, building permits will not be issued in the plat until sanitary sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface and the site graded and revegetated in accordance with Plan B of the development plans. A temporary certificate of occupancy will be issued for 3 model homes, provided adequate utility services are provided to the model homes which shall include fire hydrants for fire suppression needs as required by Fire Code. No certificate of occupancy for model homes will be issued until sanitary sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface and the site graded and revegetated in accordance with Plan B of the development plans as determined by the City. 4. Paragraph 23(H) of the General Conditions of the Development Contract is amended in its entirety to read as follows: H. Release. This Contract shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Contract, at the Developer's request the City Manager will issue a Certificate of Compliance, which Certificate of Compliance shall provide that, except as provided in such Certificate of Compliance, the subject property shall be deemed released from the provisions of this Development Agreement. Prior to the issuance of such a certificate, individual lot owners may make as written request for a certificate applicable to an individual lot allowing a minimum of ten (10) days for processing, which certificate shall provide that such individual lot is deemed released from the provisions of this Development Agreement. 5. Paragraph 23(P) of the General Conditions of the Development Contract is amended in its entirety to read as follows: 187 3 224000v3 P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) within the plat and the adjacent off-site storm sewer system that receives storm water from the plat. The Developer shall follow all instructions it receives from the City concerning the cleaning and maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end two (2) years after the public street and storm drainage improvements in the plat have been accepted by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special provisions of this contract, will be held by the City for the duration of the 2-year maintenance period. Notwithstanding the foregoing, the security provided by the Developer under Section 6 of the Development Contract shall satisfy the foregoing requirement. 6. Except as herein amended, the Development Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed this _____ day of ___________________, 2022. [Remainder of page intentionally left blank. Signature pages to follow] 188 4 224000v3 CITY OF CHANHASSEN By: ___________________________________________ Elise Ryan, Mayor (SEAL) And __________________________________________ Laurie Hokkanen, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this ______ day of _____________, 2022, by Elise Ryan and by Laurie Hokkanen, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. _________________________________________ Notary Public 189 5 224000v3 DEVELOPER: LEVEL 7 DEVELOPMENT, LLC By: ___________________________________________ Bahram Akradi, Its President STATE OF MINNESOTA ) )ss. COUNTY OF CARVER______) The foregoing instrument was acknowledged before me this ________ day of ______________, 2022, by Bahram Akradi, the Chief President of Level 7 Development, LLC, a Minnesota limited liability company, on its behalf. ______________________________________________ Notary Public DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 AMP 190 6 224000v3 MORTGAGE HOLDER CONSENT TO FIRST AMENDMENT TO DEVELOPMENT CONTRACT TRADITION CAPITAL BANK, a Minnesota banking corporation, which holds a mortgage on the subject property, the development of which is governed by the foregoing First Amendment to Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this _____ day of ____________, 2022. TRADITIONAL CAPITAL BANK By: ______________________________________ _____________________________ [Print name] Its __________________________ [Title] STATE OF MINNESOTA ) )ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of __________, 2022, by ______________________________, the __________________________ of Tradition Capital Bank, a Minnesota banking corporation, on behalf of the entity. ________________________________________ Notary Public DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 AMP 191 City Council Item November 14, 2022 Item Resolution 2022-XX: Approve Lease with Ridgeview Ambulance to Transition Fire Station 2 to an Ambulance Base File No.N/A Item No: D.7 Agenda Section CONSENT AGENDA Prepared By Charlie Howley, Director of Public Works/City Engineer Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts a resolution approving a lease with Ridgeview Ambulance for the use of Fire Station #2." Motion Type Simple Majority Vote of members present Strategic Priority Operational Excellence SUMMARY This City is proposing to transition Fire Station #2 to a full-time ambulance base. BACKGROUND N/A DISCUSSION The City purchased the property at 6400 Minnewashta Parkway in 1980 and constructed Fire Station #2, which is roughly a 3,000 square-foot facility with three garage bays. The Fire Department's staffing model has shown that response times from the service area surrounding Station #2 are actually improved when the response comes from a permanently staffed Station #1 rather than on-call staff reporting to Station #2. Due to this operational efficiency, Fire Station #2 is deemed ineffective and 192 created an opportunity to re-purpose the use of the facility. Its location and size are uniquely suited to support and improve Ridgeview's EMS level of service for Chanhassen and the surrounding communities. Currently, Ridgeview operates an ambulance out of the City's Lake Ann Park Maintenance Shed. Upon Ridgeview's transition to Station #2, the park shed space will be freed up and returned to the City for other maintenance purposes. A long-term (10-year) lease has been negotiated between the City and Ridgeview, which would formally take effect on December 1, 2022. A public open house was held the evening of November 9, 2022 at Station #2 as a means of public outreach for the station transition. The lease provides for the ownership of the property and facility to remain in the hands of the City while Ridgeview will act as a tenant. Ridgeview will assume all operational and maintenance costs of the facility and property, other than the main structure and envelope of the building and parking lot/driveway. Typical services such as lawn maintenance, snow removal, and trash collection will be performed by Ridgeview. The lease can be terminated if the needs of either party change. Station #2 was included in the 2021 Facilities Study, which concluded two potential options: 1. Remodel - Total costs in the range of $450,000-$550,000 in 2027 2. Divest - Consider repurposing or selling of the facility, no net cost BUDGET This action would have very little effect on the City's annual operating budget. There actually would be a reduction in annual utility costs since Ridgeview will assume full responsibility for all utility services. The City will realize great savings in both the Facilities and Fleet Capital Funds. For facilities, short- and long-term deferred maintenance of all non-structural elements will be the passed onto Ridgeview, saving the City approximately $500K. For fleet, since emergency response will come from only one location in lieu of two, a planned near-term purchase of a replacement pumper truck can be eliminated, saving the City approximately $1M. RECOMMENDATION Staff recommends approval of the Fire Station #2 Lease with Ridgeview. ATTACHMENTS Resolution Fire Station #2 Lease Agreement 193 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 14, 2022 RESOLUTION NO: 2022-XX MOTION BY: SECONDED BY: A RESOLUTION AUTHORIZING ENTERING INTO A LEASE WITH RIDGEVIEW FOR THE USE OF FIRE STATION NO. 2 WHEREAS,the City currently owns a operates a fire station (Station #2) at the property located at 6400 Minnewashta Parkway, Chanhassen, Minnesota; and WHEREAS,both the City and Ridgeview agree to enter into a Lease for Station #2 based on mutual publicbenefits to both parties; and WHEREAS,the City will remain fee owner of the property and improvements; and WHEREAS,Ridgeview will act as a Tenant of the facility and be responsible for day-to- day operational and maintenance expenses; and WHEREAS,the Lease will become effective on December 1, 2022, for an initial term of ten (10) years. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby authorizes entering into a Lease with Ridgeview for the use of Fire Station No. 2. PASSED AND ADOPTED by the Chanhassen City Council this 14 th day of November, 2022. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 194 1 AMBULANCE SUB-STATION LEASE AGREEMENT THIS LEASE AGREEMENT (this “Lease”) is made as of ____ day of _______________, 2022, by and between City of Chanhassen, a municipal corporation under the laws of the state of Minnesota (“Landlord”) and Ridgeview Medical Center dba Ridgeview, a Minnesota nonprofit corporation (“Tenant”). IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant, the Tenant leasing those premises from the Landlord and the mutual benefits and obligations set forth in this Lease, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties to this Lease (the “Parties”) agree as follows: DEFINITIONS 1. When used in this Lease, the following expressions will have the meanings indicated: a. “Property” means the land, building (as described below), and all associated parking areas, drive areas, exits, entrances, improvements and appurtenances located on the tract of land legally described as: That part of Lot 2, SCHMID’S ACRE TRACTS, according to the recorded plat thereof described as follows: Commencing at the most southerly corner of said Lot 2; then northeasterly, along the southeasterly line of said Lot 2, a distance of 413.94 feet to the point of beginning of the land to be described; thence northwesterly, deflecting to the left 71 degrees 42 minutes 23 seconds, a distance of 260.53 feet; thence northeasterly deflecting to the right 111 degrees 40 minutes 08 seconds, a distance of 287.73 feet; thence southeasterly deflecting to the right 70 degrees 26 minutes 43 seconds, a distance of 66.75 feet, to the southeasterly line of said Lot 2; thence southwesterly along said southeasterly line, a distance of 279.04 feet, to the point of beginning. b. “Building” means the building, finishes, equipment, fixtures, and all associated internal or connected appurtenances located at 6400 Minnewashta Pkwy, Chanhassen, MN 55331 (Chanhassen Fire Station #2). c. “Premises” means the entire improved Property and all rights appurtenant thereto and owned by the Landlord. d. “Rent” means all amounts payable by the Tenant to the Landlord under this Lease. INTENT OF LEASE 2. It is the intent of this Lease and agreed to by the Parties of this Lease that the Premises will be held in Landlord’s full and complete ownership other than furnishings, vehicles, and equipment supplied by the Tenant. The Tenant shall use the Premises for emergency 195 2 medical services as an ambulance sub-station facility (the “Permitted Use”) for the mutual benefit of the Landlord and Tenant. LEASED PREMISES 3. The Landlord hereby agrees to lease to the Tenant and Tenant desires to lease from Landlord the entire Premises, subject to the terms and conditions set forth below. TERM AND TERMINATION 4. The term of this Lease shall be for a period of ten years, commencing on December 1, 2022, and expiring at midnight on November 30, 2032 (the “Term”). The Parties shall renegotiate the Lease for renewal one hundred eighty (180) days prior to expiration of the Term. 5. Notwithstanding any provision in this Lease to the contrary, either party may terminate this Lease at any time, with or without cause, upon ninety (90) days written notice to the other party. RENT 6. As for the rental of the Premises during the Lease Term, Tenant shall pay to the Landlord a fixed amount of $0 per month, subject to Tenant adhering to the Use and Occupation and Care of Premises. Failure of Tenant to adhere to said terms is subject to Landlord imposing a change to the Rent. USE AND OCCUPATION 7. During the entire Lease Term, the Premises shall be leased, used and occupied by Tenant for an ambulance sub-station facility, in accordance with all applicable governmental laws and regulations, and all other recorded covenants, conditions, restrictions which are recorded on the date thereof and for no other purpose without prior written consent of Landlord. Tenant shall not cause injury to the improvements on the Premises, or entire Property, and shall not use the Premises in a manner that would constitute a public or private nuisance or constitute waste. 8. Tenant covenants and agrees with Landlord that it will base at least one ambulance at the Premises during the Lease Term. The parties acknowledge that the ambulance(s) stationed at the Premises will leave the Premises from time to time to perform services, and that the ambulance(s) may be relocated by Tenant to other locations on a temporary basis from time to time to maintain ambulance coverage to Tenant’s service area and to meet day-to-day operational requirements, as Tenant determines in its sole discretion. Tenant shall provide satisfactory coverage of Landlords municipal boundary as a condition of the Lease. 9. Tenant covenants and agrees to utilize the Landlord’s access control components of the main entry door. Internal areas, other than the mechanical room where Landlord houses 196 3 utility related control equipment, may be secured by Tenant in a manner deemed necessary. Landlord shall have uninterrupted access to Premises, front door and mechanical room at all times. CARE OF PREMISES 10. Tenant will promptly notify the Landlord of any damage, repairs or any situation that may significantly interfere with the integrity of the Premises. 11. Tenant shall clean the Premises and arrange for trash removal from the Premises in a manner sufficient to keep and maintain the Premises in a clean and safe condition. 12. The Tenant is responsible for all typical maintenance and repairs of the Premises; including but not limited to, snow removal, parking lot sweeping, window washing, and trash removal. The Landlord will remain responsible for the main structural components of the building along with the structural components of the parking lots and main drive areas. TAXES, UTILITIES AND OPERATING COSTS 13. Landlord shall bear, pay and discharge all real estate taxes, assessments (if any) which shall be charged, assessed, imposed or levied, or become a lien upon or on account of the Property or any appurtenances thereof. 14. Throughout the Lease Term, the Tenant shall provide and pay for all adequate utilities to the Premises so as to protect the same from damage and for its Permitted Use. Tenant shall provide for the direct payment of all monthly charges for utility services provided to the Premises during the Lease Term. 15. Tenant shall be solely responsible for costs and expenses incurred in connection with its normal business operations. 16. Landlord shall not be liable to Tenant should the furnishing of utility services be interrupted because of repairs, installation of improvements or for any other cause. REPAIRS AND MAINTENANCE 17. The Tennant shall, at its own cost and expense, maintain the Building in good condition and repair. The Tenant’s obligations shall include all routine service, repairs and maintenance of service doors, electrical, plumbing, heating, air conditioning and mechanical equipment. Tenant shall also provide for signage, snow removal, parking lot sweeping, irrigation and lawn maintenance, pest control, window washing. as needed on the Premises. The Landlord shall, at its own cost and expense, provide for the repair and maintenance of parking lot lighting structures, repaving of parking areas, and repair or replacing of building structural components. 197 4 18. Tenant shall, at its sole cost and expense, maintain and repair any Tenant improvements, approved by the Landlord, or alterations made to Premise by Tenant after the date of the Lease, repair any damage to the Premises caused by installation or moving of Tenant’s furniture, equipment or personal property, to equal quality and condition of the Premises prior to the damage caused by Tenant, its employees, agents or invitees. Tenant shall not defer any repairs or replacements to the Premises by reason of the anticipation of the expiration of the Term. Upon expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord broom clean and in good condition and repair excepting only (a) normal wear and tear; and (b) losses due to Landlord’s failure to maintain the Property (including the Premises) or to make repairs which Landlord is required by this Lease to make. 19. Landlord will reserve full ownership and maintenance of specialized municipal infrastructure needing to remain in use and on location at the Premises, including IT switches, wiring, water meter collection antennas, and access control components. Tenant shall not touch, manipulate, or interfere in any way any of these Landlord owned components. Tenant shall furthermore alert Landlord immediately if any of the Landlord’s owned components are known to have been impacted, damaged, or displaying signs of malfunction. CONDITION OF PREMISES AND IMPROVEMENTS/ALTERATIONS 20. Except as expressly provided for in this Lease, Landlord makes no representations or warranties, either express or implied, regarding the condition of the Premises or suitability of the Premises for Tenant’s proposed uses. 21. Tenant may have signage as permitted by and subject to Landlord’s consent. Such consent shall be given or withheld at Landlord’s sole discretion. 22. Tenant may not make any alterations, additions, or improvements (“Alterations”) in or to the Premises without the Landlord’s prior written consent in each instance which consent will not be unreasonably withheld or unduly delayed for non-structural Alterations which are not visible from the exterior of the Premises or do not affect the exterior appearance of the Premises. All Alterations made by Tenant shall be at its sole cost and expense. Landlord’s consent to an Alteration may be contingent upon the furnishing of certificates of insurance, waivers of lien and receipt of such information as Landlord may reasonably require. Tenant shall cause its contractors to carry any required worker’s compensation insurance and to obtain all required permits. 23. Upon written request by the Tenant for Landlord approval of Alterations, Landlord shall notify Tenant in writing which Alterations must be removed from the Premises upon termination of the Lease; all other Alterations shall remain on the Premises and shall become the property of Landlord. Tenant shall remove the Alterations designated by Landlord for removal and shall repair any damage to the Premises caused by such removal, all at Tenant’s sole expense, on or before the Termination Date. If Tenant fails to remove the Alterations as required hereunder, Landlord may remove the Alterations and may, at 198 5 Landlord’s option, store or destroy them and all costs incurred by Landlord shall be promptly reimbursed by Tenant. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease. 24. All work on the Premises performed by Tenant or Tenant’s contractors, agents or employees during the Lease Term, whether in formal maintenance, repair, replacement, Alterations or work in compliance with law, shall be performed by contractors approved in advance by Landlord, shall be performed in a good and workmanlike manner and in accordance with the law, shall not impair the structural integrity of the Building or the exterior appearance, and shall be free and clear from all mechanics’ lien claims against the Premises (provided that Tenant shall have the right to contest mechanics’ lien claims). COMMON AREAS 25. Tenant and Tenant’s employees, customers and invitees shall have nonexclusive right to use the parking spaces located on the Property. Landlord reserves the right to use certain parking spaces from time to time. Tenant shall not permit vehicles and/or trailers to be abandoned or stored in the Property’s parking or loading areas. DAMAGE OR DESTRCUTION 26. If the Premises is destroyed or damaged in whole or in part by fire, or the elements, or as a result directly or indirectly of war, or by act of God, or by any other cause whatsoever (a “Casualty”), Tenant shall give notice thereof to Landlord, and except as otherwise provided for below, Landlord at Landlord’s cost and expense may, but not be required to, promptly repair, restore, replace and rebuild the Building and Premises, including all alterations, improvements and additions to at least as good condition as it or they were in immediately prior to such occurrence. 27. Further, if the Premises is destroyed by Casualty, Landlord, at its option, may terminate the Lease upon written notice to Tenant within thirty (30) days after the date of Casualty. Upon such termination, each party shall keep its respective property insurance proceeds. 28. The net proceeds of any insurance shall be applied in payment of the cost of such repairing or rebuilding as the same progresses. If the insurance proceeds exceed the cost of such repairs or rebuilding, then each party shall keep its respective balance remaining after payment of the cost of such repairs or rebuilding. 29. The provisions in this Section Damage or Destruction shall be considered an express agreement governing any case of damage or destruction of the Premises by Casualty and any law now or hereafter in force which is inconsistent with the provisions of this Section Damage or Destruction shall have no application. 199 6 CONDEMNATION 30. If at any time during the Lease Term, all or substantially all of the Premises are taken by the exercise of the power of condemnation or eminent domain or conveyed under the threat of eminent domain, then this Lease shall terminate as of the date of possession is taken by the condemnor. The entire compensation award shall belong to Landlord and Tenant shall have no interest therein; except that Tenant shall have the right to make a separate claim for its personal property or relocation benefits in accordance with applicable law, provided that the award to Landlord is not reduced thereby. 31. If more than twenty percent (20%) of the area of the Premises reasonably necessary for use of the Premises are taken by the exercise of the power of eminent domain or sold under the threat of eminent domain, then Tenant shall have the right to terminate this Lease if the portion of the Premises remaining are such that their continued uses for the purposes for which the same were being used immediately prior to such taking is reasonably impractical or economically imprudent as determined by the Tenant. Termination shall be as of the date of legal possession is taken by the condemnor. The option to terminate herein granted shall be exercised in writing by the Tenant within thirty (30) days after the date of the taking or possession by the condemnor. If this Lease is not terminated, then Tenant, with reasonable diligence and at its own expense, shall restore any improvements upon the Premises affected by the taking, even if the total cost for such restoration is in excess of the amount awarded or paid by the condemnor for such purpose, and Landlord shall make the proceeds of the condemnation award available for said purpose. Rent shall abate in the event of any partial taking hereunder to the extent to which the Premises are untenantable. INSURANCE 32. For the purposes of providing insurance coverage during the Lease Term, Tenant shall provide and maintain in full force and effect at no cost to Landlord the following insurance coverages with the minimum limits as indicated: a. Commercial general liability insurance, occurrence form (or its equivalent satisfactory to Landlord) with liability limits of not less than $1 million per occurrence, $3 million aggregate (to include products/completed operations and personal/advertising injury); $100,000 fire damage. Landlord shall be included as an ADDITIONAL INSURED under such insurance, using an additional insured endorsement or a substitute providing equivalent coverage. 33. Tenant, at its option, may purchase business income, business interruption, extra expense or similar coverage as part of this commercial property insurance and insurance to cover its personal property. In no event shall landlord be liable for any business interruption, damage to or loss of property or any other consequential loss sustained by Tenant, whether or not it is insured even if such loss is caused by the negligence of Landlord, its employees, officers, directors or agents. 200 7 34. For the purposes of providing insurance coverage during the Lease Term, Landlord shall provide and maintain in full force and effect at no cost to Tenant insurance coverages with minimum limits matching its other facilities, (which may also be revised to reasonable amounts consistent with similar industry practice at the Landlord’s discretion from time to time): 35. Parties agree to furnish copies of any insurance policies for the other party’s review if requested. Parties shall also furnish the other party with duly executed Certificates of Insurance certifying that all required insurance has been provided and that the insurance companies will give the other party thirty (30) days prior written notice of any cancellation of insurance coverage. 36. Notwithstanding anything apparently to the contrary in this Lease, Landlord and Tenant hereby release one another and their respective officials, directors, officers and employees from any and all liability (to the other or anyone claiming through or under them by way of subrogation or otherwise) for any loss or damage covered by property insurance or coverable by a customary form of the “All Risk” property insurance required as set forth above, even if such loss or damage shall have been caused by the fault or negligence of the other party, or anyone form whom such party may be responsible. COMPLIANCE WITH LAWS 37. Subject to the obligations imposed on Landlord in this Lease, Tenant, at its sole cost and expense, shall comply with: (i) any and all laws, statutes, ordinances, regulations, fire codes, building codes, and restrictions and easements of record, now or hereafter in force, applicable to the performance of Tenant’s operations on the Premises or relating to the use of any Tenant Alterations or to the making of repairs, changes, alterations or improvements of such Tenant Alterations; (ii) any and all reasonable rules and regulations applicable to the conduct of Tenant’s operations on the Premises issued by insurance companies (including Landlord’s fire underwriters, if any) writing policies covering the Premises to the extent that noncompliance will result in premium increases (or, in the alternative, Tenant may, at its option, pay such premium increase as additional rent hereunder). 38. Landlord, at its sole cost and expense, shall comply with any and all laws, statutes, ordinances, regulations, fire codes, building codes and restrictions and easements of record, now or hereafter in force, applicable to the Property or to making of repairs, changes, alterations or improvements to the Property. ENVIROMENTAL MATTERS 39. “Environmental Laws” shall mean any and all laws and regulations of the United States, the State of Minnesota or any political subdivision or agency of either of them, which are now in effect or hereinafter enacted or amended that deal with the regulation or protection of the environment, including ambient air, groundwater, surface water, land use, including sub-strata land. Environmental Laws shall also include, but are not limited to the regulations under the Clean Air Act, the Federal Water Pollution Control Act, as amended 201 8 by the Clean Air Act of 1977, the Safe Drinking Water Act, the Occupational Safety and Health Act of 1970 (“OSHA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (‘CERCLA”), the Resource Conservation and Recovery Act of 1976 (“RCRA”), the Toxic Substances Control Act of 1976 (“TSCA”) and any amendments of the foregoing or rules promulgated thereunder. 40. Tenant shall comply in all respects with all present and hereinafter enacted Environmental Laws, and any amendments thereto, relating to Tenant’s operations on the Premises. Tenant shall immediately notify Landlord of any correspondence or communication from any governmental entity regarding the application of Environmental Laws to the Premises or Tenant’s operations on the Premises or any change in Tenant’s operations on the Premises that will change or has a potential to change Tenant’s or Landlord’s obligations or liabilities under the Environmental Laws. LIABILITY AND INDEMNIFICATION 41. Subject to the provisions of Section 37 of this Lease, each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts or omissions of the other party and the results thereof. 42. Tenant hereby agrees to indemnify and hold harmless Landlord, and Landlord’s officers, officials, agents, and employees from and against any and all loss, damage, and expense (including but not limited to, reasonable investigation and legal fees and expenses), including, but not limited to, any claim or action for injury, liability, or damage to persons or property, and any and all claims or actions brought by any person, firm, governmental body, or other entity, alleging or resulting from or arising from or in connection with contamination of or adverse effects on the environment, or in violation of any Environmental Law or other statute, ordinance, rule, regulation or order of any government or judicial entity, and from and against any damages, liability, cost, and penalties assessed as a result of any activity or operation on the Premises during the Lease Term. Tenant’s obligations and liabilities under this Section shall survive the expiration of this Lease. 43. Subject to the limitations provided in Minn. Stat. Ch. 466, Landlord hereby agrees to indemnify and hold harmless Tenant, and Tenant’s officers, officials, agents and employees from and against any and all loss, damage, and expense (including but not limited to, reasonable investigation and legal fees and expenses), including, but not limited to, any claim or action for injury, liability, or damage to persons or property, and any and all claims or actions brought by any person, firm, governmental body, or other entity, alleging or resulting from or arising from or in connection with contamination of or adverse effects on the environment, or in violation of any Environmental Law or other statute, ordinance, rule, regulation or order of any government or judicial entity, and from and against any damages, liability, cost, and penalties assessed as a result of any activity or operation on the Premises prior to the Effective Date of this Lease or continues to be a result of any direct or indirect event prior to the Effective Date of this Lease. Landlord’s obligations and liabilities under this Section shall survive the expiration of this Lease. 202 9 DEFAULT AND REMEDIES 44. The occurrence of any of the following shall constitute a “Default” of this Lease by Tenant: a. If any Rent or other monetary sum due remains unpaid for five (5) days after such sum is due and Tenant fails to pay such sum within ten (10) days of receiving notice from Landlord demanding payment; b. If Tenant fails to perform or violates any other of the covenants, conditions, obligations or restrictions of this Lease, which failure to perform or violation remains uncured for a period of thirty (30) days or more after notice thereof from the Landlord to Tenant; provided, however that if such failure cannot reasonably be cured within the thirty (30) day period, and Tenant is diligently pursing a cure of such failure or violation, then Tenant shall, after receiving notice specified herein, have a reasonable period to cure such failure or violation, not exceeding one hundred eighty (90) days, provided Tenant is continuously exercises due diligence in the cure of the same. c. If Tenant becomes insolvent, or if proceedings are commenced against Tenant hereunder in any court under any bankruptcy act or for the appointment of a trustee or receiver of Tenant’s property and are not dismissed within sixty (60) days, or if Tenant files any assignment for the benefit of creditors, is not generally paying its debts as the same become due, or is taken over by any government regulatory agency having the jurisdiction to do so and such agency does not fully comply with the obligations imposed on Tenant hereunder, or if Tenant abandons or vacates the Premises or advises Landlord in writing that it intends to discontinue business operations. 45. In the event of any Default, and without any notice, except, if applicable, the notice prior to Default required under circumstances set forth in Section 47 above, Landlord shall be entitled to exercise, at its option, concurrently, successively, or in any combination, any and all remedies available by law or in equity, including without limitation any one or more of the following: d. To terminate this Lease. e. To terminate Tenant’s occupancy of the Premises and to reenter and take possession of the Premises or any part thereof (which termination of occupancy and reentry shall not operate to terminate this Lease unless the Landlord expressly so elects) and of any and all fixtures which are located on the Premises and owned by Landlord. f. To recover from Tenant all expenses, including attorneys’ fees, reasonably paid or incurred by Landlord as a result of any such Default. 203 10 g. To recover from Tenant all Rent not paid at the time of any Default and any sums thereafter accruing as they become due under this Lease, if the Lease has been terminated, during the period from the Default to the Termination Date. h. Landlord’s right to exercise the remedies set forth in this Section shall survive the expiration or termination of this Lease. 46. In the event of any Default by Tenant, or in the event of a failure by Tenant to perform any covenant, condition, obligation or restriction under this Lease pertaining to the repair or maintenance of the Premises (prior to the expiration of any applicable grace or cure period) that Landlord reasonably deems of an emergency in nature Landlord may, at its option, but shall not be obligated to, immediately or at any time thereafter, and without notice except as required herein, correct such Default or failure without, however, curing the same, for the account and at the expense of Tenant. Any sum or sums paid by Landlord, together with any applicable interest, and al costs or damages, shall be deemed to be Additional Rent hereunder and shall be due from Tenant to Landlord upon demand. RIGHT OF ENTRY TO PREMISES 47. Landlord and its authorized representatives shall have the right to enter the Premises or any part thereof, at any time, to inspect the same for the purposes of determining Tenant’s compliance with the terms of this Lease, to operate and maintain its equipment, or to make repairs required hereunder. ASSIGNMENT AND SUBLETTING 48. Except as set forth herein, Tenant shall not mortgage, encumber or assign this Lease or any interest therein, or sublet all or any portion of the Premises, or allow the use of any portion of the Premises by any third party. 49. Landlord shall have the right at any time to sell or convey the Premises subject to this Lease or to assign its rights, title and interest as Landlord under this Lease in whole or in part. In the event of any such sale or assignment (other than a collateral assignment as security for an obligation of Landlord), and provided that assignee assumes all of the Landlord’s obligations under this Lease from and after the date of transfer, Landlord shall be relieved from and after the date of such transfer or conveyance of liability for the performance of any obligation of Landlord contained herein, except for obligations or liabilities accrued prior to the date of such assignment or sale, and Tenant shall attorn to the purchaser or assignee (as the case may be). NOTICES 50. Any notice or other communications required or permitted to be given by either party pursuant to this Lease shall be in writing and sent to the other party to the addresses set forth below: 204 11 To Tenant: Ridgeview Medical Center 500 South Maple Street Waconia, MN 55387 Attn: President To Landlord: City of Chanhassen 7700 Market Blvd. P.O. Box 147 Chanhassen, MN 55317 Attn: City Manager or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly giver pursuant to this Section. All notices shall be deemed received when delivered, if hand-delivered, or three (3) business days after deposit with the United States Postal Service, postage prepaid and sent by certified mail, return receipt requested, or one (1) business day after deposit with a nationally recognized overnight commercial courier service, airbill prepaid. Notices by facsimile or e-mail alone are not sufficient. GENERAL PROVISIONS 51. Quiet Enjoyment. So long as the Tenant shall timely pay the Rent and all sums herein provided and shall keep and timely perform all of the terms, covenants, and conditions on its part herein contained, Landlord covenants that Tenant, subject to Landlord’s rights herein, shall have the right to the peaceful and quiet occupancy of the Premises. 52. Waiver. Waiver of any matter shall not be deemed a waiver of the same or any other matter on any future occasion. 53. Amendment. Any amendments to this Lease shall be effective only if in writing and signed by the authorized representative of both parties. 54. Severability. If any terms or provisions of the Lease shall be declared to be invalid or unenforceable, then the remaining provisions and conditions of this Lease shall not be affected thereby and shall remain in full force and effect and shall be valid and enforceable to the fullest extent permitted by law. 55. Entire Agreement. This Lease constitutes he entire agreement between the parties with respect to the subject matter hereof, and there are no other representations, warranties, or agreements except as herein provided. 56. Counterparts. This Lease may be executed in one or more counterparts, each of which shall be deemed an original. 57. Binding Effects. The terms and conditions of this Lease shall be binding upon and benefit the parties hereto and their respective successors and assigns. 205 12 58. Attorneys’ Fees. In the even of litigation arising out of this Lease or on account of any breach or default hereof, the prevailing party shall be entitled to court costs, out-of-pocket expenses and reasonable attorneys’ fees from the other party. 59. Headings. Headings used throughout this Lease are for convenience or reference only and shall not be considered in any manner in the construction or interpretation of this Lease. 60. Governing Law. This Lease shall be construed and governed by the laws of the State of Minnesota. 61. Force Majeure. Landlord or Tenant shall not be liable for any failure or delay in performance under this Lease (except for payment of money due and payable hereunder) to the extent that said failures or delays are proximately caused by conditions beyond their reasonable control and occurring without their fault or negligence, including without limitation, failure of suppliers, subcontractors, and carriers, labor disputes, casualties, acts of war or acts of God. 62. Exhibits. The terms and diagrams set forth in the Exhibits to this Lease are hereby incorporated by reference as part of this Lease as though the contents of such Exhibits were set forth in full herein. IN WITNESS WHEREOF, Landlord and Tenant have entered into this Lease as of the date first above written. Landlord: Tenant: City of Chanhassen Ridgeview Medical Center By: ________________________ By: ________________________ Its: Mayor Its: Ambulance Director By: ________________________ Its: City Manager 206 City Council Item November 14, 2022 Item Resolution 2022-XX: Approve 2023 Service Agreement for Joint Assessment with Carver County Assessor File No.Item No: D.8 Agenda Section CONSENT AGENDA Prepared By Kelly Grinnell, Finance Director Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts a resolution approving the 2023 Service Agreement for Joint Assessment with the Carver County Assessor.” Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND The City of Chanhassen contracts with the Carver County Assessor's Office to perform property assessing duties for parcels located within Carver County. The proposed contract, similar to previous contracts, is for a single contract year. For the 2023 costs, the County will charge $14.94 per residential valuation, $15.54 per agricultural valuation, and $16.66 per commercial evaluation. There will be added cost from the 2022 agreement due to the added number of parcels in the City which is typical from year to year. The final payment will be calculated at the end of the year when the actual bill is submitted. DISCUSSION 207 BUDGET RECOMMENDATION Staff recommends the City Council adopt a resolution approving the attached 2023 Service Agreement for Joint Assessment between the City of Chanhassen and the Carver County Assessor's Office. ATTACHMENTS Resolution 2023 Service Agreement with Carver County for Joint Assessment 208 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 14, 2022 RESOLUTION NO:2022-XX MOTION BY: SECONDED BY: RESOLUTION APPROVING 2023 SERVICE AGREEMENT FOR JOINT ASSESSMENT WITH THE CARVER COUNTY ASSESSOR WHEREAS,the City of Chanhassen has traditionally contracted with the Carver County Assessor to perform property assessing duties for parcels located within Carver County; and WHEREAS,Minnesota Statute § 273.072 and Minnesota Statute § 471.59 permit such an agreement for joint assessment; and WHEREAS, the proposed contract, similar to previous contracts, is for a single contract year; and NOW THEREFORE, BE IT RESOLVED that the Chanhassen City Council approves the 2023 Service Agreement for Joint Assessment with the Carver County Assessor. PASSED AND ADOPTED by the Chanhassen City Council this 14 th day of November, 2022. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 209 (2022) SERVICE AGREEMENT FOR (2023) JOINT ASSESSMENT This Agreement is entered into by and between the County of Carver, 600 East 4th Street, Chaska, Minnesota 55318, through Carver County Assessor, (hereafter “County”) and City of Chanhassen, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as the Town. WHEREAS, the Town desires to enter into an agreement with the County to provide for the assessment of property in said Town by the County Assessor’s Office; and WHEREAS, Minn.Stat.§ 273.072 and Minn.Stat.§ 471.59 permit such an agreement for joint assessment; NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows: 1)Term. That the Town, which is situated in the County of Carver, and which constitutes a separate assessment district, shall have its property within Carver County assessed by the Carver County Assessor for the assessment date of January 2, 2023. All work necessary to the establishment of the estimated market value for each Carver County parcel in the Town shall be performed by the Carver County Assessor or by one or more of the licensed assessors under his/her direction and supervision. 2)Cooperation. It is hereby agreed that the Town and all of its officers, agents and employees shall render full cooperation and assistance to the County to facilitate the provision of the services contemplated hereby. 3)Payment Amount. The Town shall pay to the County for the assessment of property with Carver County the sum of fourteen dollars and ninety four cents ($14.94) per residential valuation, fifteen dollars and fifty four cents ($15.54) per agricultural valuation, and sixteen dollars and sixty six cents ($16.66) per commercial/industrial valuation (for the assessment of January 2, 2023) existing or created before the closing of the relative assessment year. 4)Payment terms. Full payment of all claims submitted by the County Assessor for relative assessment dates shall be received by the County no later than November 15th of the respective years. 5)The County agrees that in each year of this Agreement it shall, by its County Assessor or one or more of his/her deputies, view and determine the market value of at least twenty percent (20%) of the parcels within this taxing jurisdiction. It is further agreed that the County shall have on file documentation of those parcels – physically inspected for each year of this Agreement. 6)Data Privacy. Pursuant to Minn. Stat. Chap. 13, the parties agree to maintain and protect data received or to which they have access. No private or confidential data 210 developed, maintained or received by the Town under this agreement may be released to the public by the Town. The Town agrees to indemnify and hold the County, its agents and employees, harmless from any and all claims or causes of action arising from or in any manner attributable to any violation of the Minnesota Government Data Practices Act by Town or its agents, assigns, or employees, including legal fees and expenses incurred to enforce this provision of this agreement. 7)Mutual Indemnification. The Parties’ total liability under this Agreement shall be governed by Minn. Stat. § 471.59, subd. 1a. Each Party agrees that it will be responsible for the acts or omissions of its officials, agents, and employees, and the results thereof, in carrying out the terms of this Agreement, to the extent authorized by law and shall not be responsible for the acts/omissions of the other Party and the results thereof. For purposes of determining total liability for damages, the participating governmental units are considered to be a single governmental unit, the total liability of which shall not exceed the limits for a single governmental unit as provided in Minn. Stat. § 466.04, subd. 1. Each Party agrees to defend, hold harmless, and indemnify the other Party, its officials, agents, and employees, from any liability, loss, or damages the other Party may suffer or incur as the result of demands, claims, judgments, or cost arising out of or caused by the indemnifying Party’s negligence in the performance of its respective obligations under this Agreement. This provision shall not be construed nor operate as a waiver of any applicable limitation of liability, defenses, immunities, or exceptions by statute or common law. To the full extent permitted by law, actions by the parties pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of theparties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subd. la(a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. The Parties of this Agreement are not liable for the acts or omissions of the other participants to this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other Parties. 8)No Joint Venture. Nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partners or joint ventures with the County. No tenure or any rights including worker’s compensation, unemployment insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to County employees, including indemnification for third party personal injury/property damage claims, shall accrue to the Town or employees of the Town performing services under this Agreement. 211 9)Records: Availability and Retention. Pursuant to Minn. Stat. §16C.05, subd. 5, the Town agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, et., which are pertinent to the accounting practices and procedures of the Town and involve transactions relating to this Agreement. Town agrees to maintain these records for a period of six years from the date of termination of this Agreement. 10)Merger and Modification. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are presumed to be incorporated or attached and are deemed to be part of this Agreement. Where the incorporated terms differ with the terms of this Agreement, the terms of this Agreement shall control. Any material alteration, modification, or variation shall be reduced to writing as an amendment and signed by the parties. 11)Default and Cancellation. If the Town fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute default. Unless the Town’s default is excused by the County, the County may, upon written notice to the Town’s representative listed herein, cancel this Agreement in its entirety as indicated in (b.) below. This Agreement may be cancelled with or without cause by either party upon thirty (30) days written notice. Representatives for each of the parties to this Agreement are as listed below: Town/City County/Division Ryan Johnson Carver County Assessor 600 E 4th Street Chaska MN 55318 rjohnson@co.carver.mn.us 12)Subcontracting and Assignment. Neither party shall not enter into any subcontract for the performance of any services contemplated under this Agreement without the prior written approval of the other party and subject to such conditions and provisions as the other party may deem necessary. The party attempting to subcontract or assign its obligations shall be responsible for the performance of all Subcontractors. No party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other Parties and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, Chanhassen 7700 Market Blvd. P.O. BOX 147Chanhassen, MN 55317-0147 Kim Meuwissen - Clerk 212 or their successors. 13)Nondiscrimination. During the performance of this Agreement, the Town agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin be excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable Federal and State laws against discrimination. 14)Health and Safety. Each party shall be solely responsible for the health and safety of its employees and subcontractor’s employees in connection with the services performed in accordance with this Agreement. Each party shall ensure that all employees, including those of all subcontractors, have received training required to properly and safely perform services outlined in this Agreement. 15)No Waiver. Nothing in this Agreement shall constitute a waiver by the either party of any statute of limitations or exceptions on liability. If the either party fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. 16)Severability. If any part of this Agreement is rendered void, invalid or unenforceable, by a court of competent jurisdiction, such rendering shall not affect the remainder of this Agreement unless it shall substantially impair the value of the entire Agreement with respect to either party. The parties agree to substitute for the invalid provision a valid provision that most closely approximates the intent of the invalid provision. 17)Applicable Laws. The Laws of the State of Minnesota shall apply to this Agreement. 213 IN WITNESS WHEREOF, the City of Chanhassen, has caused this Agreement to be executed by its Chairperson/Mayor and its City/Town Clerk by the authority of its governing body by a duly adopted resolution on This the __________________ day of _________________________, 2022. The County of Carver has caused this Agreement to be executed by its Chairperson and the County Assessor pursuant to the authority of the Board of Commissioners by resolution adopted on This the __________________ day of ________________________, 2022. CITY OF CHANHASSEN COUNTY OF CARVER By:___________________________ By: ________________________ Chairperson/Mayor Gayle Degler/Chairperson Board of Commissioners By:___________________________ Attest: ________________________ Laurie Hokkanen City Manager Dave Hemze/County Admininstrator And: _______________________ Ryan Johnson/County Assessor 21st October 214 City Council Item November 14, 2022 Item Resolution 2022-XX: Approve Settlement Agreement for Parcel 19 as part of the CSAH 101 Improvement Project File No.ENG 14-08 Item No: D.9 Agenda Section CONSENT AGENDA Prepared By Charlie Howley, Director of Public Works/City Engineer Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts a resolution approving a Settlement Agreement for Parcel 19 as part of the CSAH 101 Improvement Project." Motion Type 2/3 Vote Strategic Priority Asset Management SUMMARY As part of the County Highway 101 project, eminent domain procedures are being used on various parcels along the corridor to feasibly allow for the construction of the highway improvements. The project is primarily funded from MnDOT turnback funds, State Bond proceeds, and County sources. The only funding responsibility of the City is for municipal sewer and watermain infrastructure. Council approval of ROW Settlement Agreements is necessary since we are the lead agency on the project. The City will be paying the settlements and getting reimbursed from the County. The condemnation process for this parcel went through the steps of direct negotiation, Commissioner's Hearing, and mediation without coming to an agreement. The action on this parcel is therefore currently scheduled for a jury trial at District Court; however, the City and property owner have since come to a 215 mutual agreement on settlement. Approving the agreement eliminates the need to move forward with District Court proceedings, which would incur additional time, expense, and potential financial risk for the project. BACKGROUND N/A DISCUSSION N/A BUDGET N/A RECOMMENDATION Staff recommends approval of the Settlement Agreement. ATTACHMENTS Resolution Settlement Agreement Right-of-Way Layout 216 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 14, 2022 RESOLUTION NO:2022-XX MOTION BY: ___SECONDED BY: __ RESOLUTION APPROVING A SETTLEMENT AGREEMENT FOR CSAH 101 PARCEL 19 WHEREAS, the City of Chanhassen (“City”), having the power of eminent domain as provided in Minnesota Statutes, Chapter 117, filed a petition in eminent domain proceedings and motion for early transfer of title and possession to acquire various interests in land in the City of Chanhassen for the reconstruction, expansion, and improvement of County State Aid Highway 101 from County State Aid Highway 14 (Pioneer Trail to County State Aid Highway 61 (Flying Cloud Drive) (the “Project”); and WHEREAS, the Petition for the Project was filed on November 18, 2019, as a part of Carver County Court File No. 10-CV-19-1132 (the “Action”); and WHEREAS,to facilitate the Project, the Action included acquiring certain real property interests owned by Nancy J. Rossberg Revocable Trust (the “Owner”) and as defined as Parcel 19 within the Action (the “Properties”); and WHEREAS,to facilitate the Project, the Action included acquiring certain real property interests owned by Hagan Holdings, LLC (the “Owner”) and as defined as Parcel 15 within the Action (the “Properties”); and WHEREAS, subject to approval by the City Council, representatives of the parties have negotiated a Settlement Agreement, a copyof which is attached hereto as Exhibit A, which resolves all outstanding claims and issues between the parties related to the Property; and WHEREAS, the City Council has fully considered the terms of the Settlement Agreement and has determined that it is in the best interests of the community to approve it as presented. NOW, THEREFORE, BE IT RESOLVED THAT the above-referenced recitals are incorporated herein to this Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Settlement Agreement is hereby approved by the City Council of the City of Chanhassen. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mayor and City Manager of the City are hereby authorized and directed to execute all appropriate documents and take all necessary actions to facilitate the settlement contemplated herein, with all such actions to be in accordance with the terms and conditions set forth in this Resolution and the incorporated Settlement Agreement. 217 2 NOW, THEREFORE, BE IT FINALLY RESOLVED, that the Mayor and City Manager of the City, staff and consultants are hereby authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent of this Resolution. PASSED AND ADOPTED by the Chanhassen City Council this 14th day of November, 2022. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 218 3 EXHIBIT A The Settlement Agreement 219 Page 1 of 5 CH135-61B-834543.v2-10/25/22 SETTLEMENT AGREEMENT This Settlement Agreement (“Agreement”) is entered into by and between the City of Chanhassen (“City”) and Nancy J. Rossberg and the Nancy J. Rossberg Revocable Trust (“Owner”), each referred to individually as a “Party” and collectively as the “Parties.” 1. Recitals. This Agreement relates to the claims and defenses in the eminent domain action captioned City of Chanhassen vs. PCH Development, LLC, et al., Court file No. 10-CV-19-1132, and the subsequent appeal, captioned The City of Chanhassen vs. The Nancy J. Rossberg Revocable Trust, Court File No. 10-CV-21-891, both venued in Carver County District Court, Carver County, Minnesota (hereinafter collectively, the “Condemnation”). The Condemnation involves matters and disputes regarding the City’s acquisition of portions of property and associated improvements (the “Acquisition”) from Owner’s property located at 9885 Raspberry Hill Lane (the “Property”). A. Owner is the fee owner of real property (“the Property”) which is legally described as Parcel 19 in Exhibit A to the Court’s Amended Findings of Fact, Conclusions of Law, and Order Approving Petition and Transfer of Title and Possession, filed on January 31, 2020. B. On February 18, 2020, the City paid its then-approved appraised value for the damages caused by the taking, $49,000.00, to Owner’s counsel of record (the “Quick-take Payment”). C. On October 29, 2021, the court-appointed commissioners filed their Report of Commissioners Parcel 19 – Nancy J. Rossberg Revocable Trust in the amount of $88,000.00 payable to “Nancy J. Rossberg Revocable Trust,” with no damages payable to any other respondent. D. On November 17, 2021, the Owner timely filed and served a Notice of Appeal of Commissioners’ Award. The Owner also requested payment of 3/4 of the award pursuant to Minn. Stat. § 117.155. The City subsequently paid the Owner $17,000.00, plus the statutory appraisal reimbursement of $1,500.00. E. The Condemnation Appeal is currently set for jury trial on November 15, 2022. F. The Parties have reached a full and final compromise of the matters in dispute. G. The above Recitals are accurate and are fully incorporated into this Agreement as material terms. Now, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to the following terms and conditions of settlement of the Condemnation: 220 Page 2 of 5 CH135-61B-834543.v2-10/25/22 2. Consideration. A. Settlement Amount. Through this Agreement, the Parties agree to settle all claims in connection with the Condemnation for an additional payment of Seventy Thousand Dollars and NO/100 ($70,000.00). This payment includes compensation for all claims and actions Owner may have against the City in connection with the Condemnation and the Acquisition, including without limitation, just compensation, minimum compensation, statutory remedies, any other damages, interest, appraisal fees, attorney fees, costs, and disbursements, known or unknown, to which the Owner may otherwise be entitled. B. Other Consideration. Owner has expressed concerns about the presence of stormwater accumulating in the newly reconfigured drainage ditch adjacent to Owner’s Property. Said ditch is located within the Highway 101 public Right-of-Way between Owner’s privacy fencing and a newly constructed multi-use trail along Highway 101. The City agrees to work with the Owner to review the adequacy of the ditch to convey stormwater drainage as it relates to potential ponding backing up onto the Owner’s property; and to make good faith efforts to resolve issues with the functionality of the ditch. 3. Agreement Subject to Final Council Approval. This Agreement is contingent on final approval of the City Council. The City Public Works Director and City Engineer, Charles Howley, and the City’s legal counsel in this matter, Joshua P. Weir, shall submit this Agreement to the City Council for consideration. Mr. Howley and Mr. Weir will recommend that the City Council approve the terms and conditions of this Agreement with the understanding that the City Council will take action at its council meeting of November 14, 2022, to confirm either acceptance or rejection of this Agreement. If the meeting does not occur on November 14, 2022, for any reason, the Parties agree that the City Council will take action as soon thereafter as scheduling allows. If accepted, this Agreement shall thereafter be fully enforceable. If rejected, this Agreement, including without limitation, the releases herein, shall be null and void and the Parties shall proceed with their claims, defenses, and remedies as outlined in Paragraph 5 of this Agreement. 4. Payment of the Settlement Amount. Within 14 days following approval by the City Council, the City shall pay the Settlement Amount by check payable to “Nancy J. Rossberg Revocable Trust” and delivered by U.S. Mail to: Patrick J. Neaton, Neaton & Puklich, PLLP, 7975 Stone Creek Drive, Suite 120, Chanhassen, MN 55317. 5. Rights in the Event of Council Rejection of Agreement. In the event that the City Council rejects the recommendations to approve this Agreement on November 14, 2022, as provided in Paragraph 3, then Owner and the City shall proceed with their claims and defenses in the Lawsuit. In the event of such a rejection, the Parties agree to file a stipulation to amend the scheduling order and a proposed amended scheduling order (“Stipulation”) with the Court within 14 days of the rejection. The Stipulation will ask the Court to move all dates listed in the current scheduling order, including the trial date, no less than two months into the future for each respective date. 221 Page 3 of 5 CH135-61B-834543.v2-10/25/22 6. Trial Scheduling and Dismissal of the Appeal. Following the execution of this Agreement, and pending City Council approval, the Parties agree to jointly notify the Court of this proposed settlement, and to jointly request that the trial date be stricken and the case placed on “Inactive” status. If the City Council approves this Agreement, the Parties shall execute and file a stipulation and order of dismissal with prejudice. The City shall thereafter file a final certificate with respect to the Property. Each Party shall bear its own attorney’s fees in connection with these actions. If the City Council rejects this Agreement, the Parties shall proceed as outlined under Paragraph 5 of this Agreement. 7. Release of All Claims. Upon execution of this Agreement and the City Council’s approval of the same, the Owner and the City, on behalf of themselves, and on behalf of each and all of their respective past and present representatives, engineers, council members, City administrators, attorneys, officers, members, agents, employees, insurers, heirs, and assigns, shall and do hereby fully and finally release each other, and each and all of their respective past and present representatives, engineers, council members, City administrators, attorneys, officers, members, agents, employees, insurers, heirs, and assigns, from all claims, demands, or causes of action, whether sounding in the constitution, statute, contract, tort, or warranty, whether statutory or based on claims of alleged wrongful taking or claim to process violations, that the Parties may have, or may claim to have, against each other arising out of or related to the Condemnation or the Acquisition. This mutual release is intended to be full and final between the Parties with respect to any matter or thing relating to either the Condemnation or the Acquisition as to all claims, whether now known, or as may arise in the future. Owner hereby agrees to indemnify and hold harmless the City of Chanhassen from any liability whatsoever to any person, firm or corporation beyond the consideration already paid as a part of this Agreement, including, without limitation, liability for claims of negligence, constitutional claims, breach of contract, fraud, misrepresentation, strict liability and/or breach of express or implied warranty and/or actions for enforcement of any liens including, without limitation, any subrogation claim and/or lien enforcement claim arising from payment of any insurance benefits, Medicare payments, medical assistance claim, or otherwise, which may now exist or thereafter arise. It is agreed all liens or any statutory obligations will be satisfied by the proceeds of the settlement. 8. Non-Admission of Liability. Nothing in this Agreement shall constitute an admission of fault or responsibility by either the City or the Owner. This settlement is made in compromise of disputed matters. 9. Signatory Authority/Voluntary Execution. Each of the signatories to this Agreement acknowledge that they are signing the same of their own free act, without being under any coercion, promise, or commitment, except as those expressly contained herein. The persons signing this Agreement in their representative capacities represent and warrant by signing this Agreement that it is their intent to bind their respective principals to the terms and conditions set forth herein, that the persons signing in their representative capacity have been authorized to bind their respective principals to such terms, and that it is the respective principals’ intent to be so bound. 10. Binding Effect. Owner agrees that this Agreement binds Owner individually and also binds any heirs, executors, administrators, assigns, agents, partners and successors in interest. 222 Page 4 of 5 CH135-61B-834543.v2-10/25/22 Owner represents that no right, claim, appeal or cause of action covered by this Agreement has been assigned or given to someone else, nor are any attorney fees owed to any counsel for which the City is liable. 11. Invalidity and Severance. The invalidity or partial invalidity of any portion of this Agreement shall not invalidate the remainder thereof, and said remainder shall remain in full force and effect. Moreover, if one or more of the provisions contained in this Agreement shall, for any reason, be held to be excessively broad as to scope, activity, subject or otherwise, so as to be unenforceable, such provision or provisions shall be construed by the appropriate judicial body by limiting or reducing it or them, so as to be enforceable to the maximum extent compatible with then-applicable law. To the extent that any particular claim is ultimately determined to be not waivable, Owner agrees that the consideration paid as part of this Agreement upholds the validity of the waiver of all remaining claims. 12. Mediation. Any controversy, dispute or claim rising out of or relating to this Agreement, if not settled by direct negotiation between the Parties, shall be submitted to mediation prior to initiating action with the Court. Any demand for mediation by either Party shall be made in writing and served upon the other party and shall set forth with reasonable specificity the basis of the dispute and the relief sought. Any mediation hereunder shall be conducted before an independent mediator mutually selected by the Parties. 13. Minnesota Venue. This Agreement shall be governed by Minnesota law. The courts of the State of Minnesota, either federal or state, shall have jurisdiction over, and be the proper venue for, any disputes arising out of this Agreement. 14. Execution in Counterpart. This Agreement may be executed in counterparts. [Remainder of page intentionally left blank] 223 224 225 City Council Item November 14, 2022 Item Resolution 2022-XX: Supporting the Highway 5 Arboretum Area Project 2022 Minnesota Corridors of Commerce Request File No.Item No: D.10 Agenda Section CONSENT AGENDA Prepared By Stacy Osen, Administrative Support Specialist Reviewed By Charlie Howley SUGGESTED ACTION "The Chanhassen City Council adopts a resolution supporting the Highway 5 Arboretum Area Project 2022 Minnesota Corridors of Commerce request." Motion Type Simple Majority Vote of members present Strategic Priority Communications SUMMARY BACKGROUND The City of Chanhassen partnered with Carver County, the Minnesota Department of Transportation (MnDOT), the City of Victoria, and the City of Chaska on the Arboretum Area Transportation Plan. Carver County is submitting a 2022 Corridors of Commerce request for funding for this project. One of the requirements of the request is to provide a resolution of support from all impacted agencies. The online request is due November 30th. DISCUSSION BUDGET 226 RECOMMENDATION Staff recommends adoption of the resolution approving supporting the Highway 5 Corridors of Commerce request. ATTACHMENTS Resolution Carver County Highway 5 Funding Flyer 227 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 14, 2022 RESOLUTION NO:2022-XX MOTION BY: SECONDED BY: A RESOLUTION TO SUPPORT THE HIGHWAY 5 ARBORETUM AREA PROJECT 2022 MINNESOTA CORRIDORS OF COMMERCE REQUEST WHEREAS,the Cities of Chanhassen, Victoria, and Chaska, Carver County, and the Minnesota Department of Transportation (MnDOT), are responsible for the planning and development of a safe and functional multimodal transportation system within their jurisdictional boundaries; and WHEREAS,the City of Chanhassen partnered with Carver County, the Minnesota Department of Transportation (MnDOT), the City of Victoria, and the City of Chaska to identify transportation system improvements in the area of the Minnesota Landscape Arboretum including Highway 5, Highway 41, Rolling Acres Road, Bavaria Road, and 82nd Street West; and WHEREAS, the Arboretum Area Transportation Plan includes an implementation framework with estimated improvement costs, project sequencing, and timeframes to guide capital improvement planning for Carver County, MnDOT, the City of Chanhassen, the City of Victoria, the City of Chaska, and their partners for improvements along Highway 5, Highway 41, Rolling Acres Road, and Bavaria Road; and WHEREAS, the Highway 5 Arboretum Area Project is a high priority project to address critical transportation system failures on a trunk highway and regional thoroughfare; and, WHEREAS,once funded and constructed the Highway 5 Arboretum Area Project will provide safer, faster, and more reliable movement of goods and people through the Carver County and the metropolitan region; and WHEREAS,the Minnesota Legislature allocated $250 million to the Corridors of Commerce Program to fund statewide projects with the goal of fostering economic growth, enabling of goods to be transported through a commerce friendly network of corridors, and providing additional mobility to its citizens; and WHEREAS,the Corridors of Commerce program is a competitive funding opportunity that funds projects that foster economic growth, enable goods to be transported through a commerce friendly network of corridors, and provide additional mobility to citizens; and WHEREAS,the Corridors of Commerce funding is to be awarded on a competitive basis to projects that will have a significant local or regional impact. 228 2 NOW, THEREFORE, BE IT HEREBY RESOLVED that the Chanhassen City Council supports Carver County’s 2022 Corridor of Commerce request for funds to construct the Highway 5 Arboretum Area Project and is committed to a continued project partnership to get this high priority project implemented. PASSED AND ADOPTED by the Chanhassen City Council this 14th day of November 2022. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 229 Highway 5 Arboretum Area Project Carver County, Minnesota Over the last three years the project partners have been hard at work developing a shared vision to improve safety and mobility for all. We are united and bring forth this project that has been developed by the community through strong engagement and partnerships. We request your support in this investment which allows the region to realize our full potential. $secured$54M 10%20%30%40%50%60%70%80%90% $108.5M Total Project Need 54.4M current funding gap Inflated to 2025 dollars Today’s Needs: • 27,000 vehicles (800 heavy commercial) per day. • 50% above capacity for existing 2-lane road. • 180,000+ hours of annual travel delay by 2040. • 1 fatal and 187 total crashes (2014-2018). • Crash rate 2.5 times state average. • Limited pedestrian and bicycle network. • The Minnesota Landscape Arboretum is expected to attract 700,000 annual visitors (up from 500k) following completion of planned investments. Investment Results: • All traffic served safely and efficiently, including planned growth. • Efficient and reliable vehicle mobility. • Safe accommodation of all system users. • A solution that respects the environment. • Connected bicycle and pedestrian network. • Aligns with Arboretum’s plans, allowing continued investment while providing reliable access. Artist rendering looking towards the Arboretum with a new 4-lane highway elevated above Lake Minnewashta allowing the lake to be reconnected. Carver County is the fastest growing county in Minnesota. Completion of the Highway 5 project is critical to support planned growth for jobs and housing in the metropolitan region.Study Define THE VISION 2020 - 2021 Preliminary Design Define WHAT TO BUILD 2022 - 2023 Define HOW TO BUILD 2023 - 2024 BUILD the project 2025 - 2026 Final Design & Right of Way Construction Public Input Public Input Public Input These phases will be separate for each project defined in the plan vision. WE ARE HERE 230 Implementation Approach HIGHWAY 41W 82ND ST BAVARIA RD HIGHWAY 5 HI G H W A Y 5 W 8 2 N D S T R O L L I NG ACRES RD78TH ST STIEGER L A K E L N P A R K D R KOCHIA LNMINNEWASHTA PKWYCENTURY BLVDRelocated Arboretum Entrance University of Minnesota University of Minnesota Landscape ArboretumLandscape Arboretum The University of Minnesota Landscape Arboretum is investing over $100 million in redevelopment that will result in 40 new jobs and 700,000 annual visitors. Assembling Highway 5 into one large project saves money and provides significant benefits. • A safe and reliable transportation system allows Carver County to continue to absorb regional growth. • The problems today span the entire corridor. • One large project now, reduces the effects of inflation on many smaller projects. • Constructing the vision in segments will result in impactful closures and bottlenecks over the next decade. • The cost of inaction is high. Corridor growth is nearing a tipping point with more serious crashes expected. • Federal and state funding awards are necessary to realize this vision in 2025. 1.27 Critical Crash Rate 1.38 Critical Crash Rate Every weekday morning and evening Highway 5 is gridlocked with miles long rolling queues. Artist rendering of Chinese Garden expansion. Highway 41Highway 41 North IndustrialNorth Industrial ParkPark Downtown Downtown VictoriaVictoria Lake MinnewashtaLake Minnewashta $22.5M $ 2 9M $41.8 M $15.2M 231 City Council Item November 14, 2022 Item Resolution 2022-XX: Approve updated Limited Use Permits entered into with the State of Minnesota, Department of Transportation File No.Item No: D.11 Agenda Section CONSENT AGENDA Prepared By Stacy Osen, Administrative Support Specialist Reviewed By Charlie Howley SUGGESTED ACTION "The Chanhassen City Council adopts a resolution approving the updated Limited Use Permits (LUP's) entered into with the State of Minnesota, Department of Transportation." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY BACKGROUND MnDOT is requesting the City enter into replacement Limited Use Permits (LUPs) for various agreements that have expired, or are about to expire. MnDOT's standard LUP agreements expire after 10 years. One combined resolution is appropriate to update all of them. A list of the LUPs is below and documents are attached. LUP 2736-0257 - TH 101 Multi-use Trail LUP 1002-0054 - Pedestrian underpass at TH 5 and Minnewashta Parkway LUP 1008-0055 - Multi-use Trail on TH 41 near the Minnetonka Middle School West Entrance LUP 2762-0258 - Multi-use Trail along the north side of TH 212 at Rice Marsh Lake DISCUSSION 232 N/A BUDGET N/A RECOMMENDATION Staff recommends approval of the updated Limited Use Permits. ATTACHMENTS Resolution LUP 1002-0054 LUP 1008-0055 LUP 2736-0257 LUP 2762-0258 233 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 14, 2022 RESOLUTION NO: 2022-XX MOTION BY: SECONDED BY: A RESOLUTION APPROVING THE UPDATED LIMITED USE PERMITS ENTERED INTO WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION WHEREAS,TheCity of Chanhassen has previously entered into Limited Use Permits (LUPs) with the State of Minnesota, Department of Transportation; and WHEREAS,the LUPs expire after ten years; and WHEREAS,the State of Minnesota has requested the City update the LUPs and provide them with a combined resolution approving the updated LUPs. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves the updated Limited Use Permits entered into with the State of Minnesota, Department of Transportation. PASSED AND ADOPTED by the Chanhassen City Council this14th dayofNovember2022. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 234 LUP Termination Letter Page 1 of 1 LU1018 10/27/2022 Metro District Right of Way Office Tel: 651-234-7500 1500 W. County Road B2 Roseville, MN 55113 Fax: 651-234-7708 E -mail: Lisa.Dircks@state.mn.us October 21, 2022 City of Chanhassen Mayor Elise Ryan City Hall 7700 Market Blvd Chanhassen, MN 55317 Subject: C.S. 1002 (T.H. 5) LUP # 1002-0025 Limited Use Permit for Non-Motorized Trail Termination Notice Dear Mayor Ryan: This letter serves as MnDOT’s formal notice to terminate the Limited Use Permit referred to as #1002-0025 by and between the State of Minnesota, Department of Transportation (MnDOT) and the City of Chanhassen. Limited Use Permit #1002-0025 expired on 4/13/2022. To bring the City into compliance with current Federal and State regulations and policies, MNDOT will issue LUP # 1002- 0054, included with this letter. Effective on issuance of Limited Use Permit #1002-0054, MnDOT terminates Limited Use Permit # 1002-0025, and such permit is null and void effective on such date. If you have any questions or concerns, please contact me at: 651-234-7586 or lisa.dircks@state.mn.us. Sincerely, Lisa Dircks Transportation Specialist cc: Anna Kojic, Asst. R/W Manager Doug Nelson, R/W Area Manager Michael Kowski, Maintenance Engineer Diane Langenbach, Project Manager 235 LUP – Standardized LUP Form Page 1 of 6 LU1001 10/21/2022 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT C.S. 1002 (T.H. 5) County of Carver LUP # 1002-0054 Permittee: City of Chanhassen Expiration Date: 10/21/2032 Coop./Const. Agmt # N/A In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its Commissioner of Transportation, (“MnDOT”), hereby grants a Limited Use Permit (the “LUP”) to City of Chanhassen, (“Permittee”), to use the area within the right of way of Trunk Highway No. 5 as shown in red on Exhibit "A", (the “Area”) attached hereto and incorporated herein by reference. This Limited Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached hereto as Exhibit B. Non-Motorized Trail The Permittee's use of the Area is limited to only the constructing, maintaining and operating a nonmotorized trail ("Facility") and the use thereof may be further limited by 23 C.F.R. 652 also published as the Federal-Aid Policy Guide. The permittee agrees that this permit totally replaces and supersedes the previously issued Limited Use permit affecting the Area, specifically: The permit, #1002-0025, was issued on 5/31/2012 on CS 1002 (TH 5=121). Upon issuance of this permit the earlier issued permit is cancelled. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. TERM. This LUP terminates at 11:59PM on 10/21/2032 (“Expiration Date”) subject to the right of cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90) days written notice of such cancellation. This LUP will not be renewed except as provided below. Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to 236 LUP – Standardized LUP Form Page 2 of 6 LU1001 10/21/2022 the Expiration Date, a written request to extend the term. Any extension of the LUP term will be under the same terms and conditions in this LUP, provided: (a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and Area are compatible with the safe and efficient operation of the highway and the Facility and Area are in good condition and repair. If, in MnDOT’s sole determination, modifications and repairs to the Facility and Area are needed, Permittee will perform such work as outlined in writing in an amendment of this LUP; and (b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable governmental body authorizing the Permittee’s use of the Facility and Area for the additional term. If Permittee’s written request to extend the term is not timely given, the LUP will expire on the Expiration Date. Permittee hereby voluntarily releases and waives any and all claims and causes of action for damages, costs, expenses, losses, fees and compensation arising from or related to any cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or assert any claims for damages, costs, expenses, losses, fees and compensation based upon the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute any legal action against MnDOT based upon any of the claims released in this paragraph. 2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee’s sole cost and expense Permittee will: (a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District Engineer; and (b) Surrender possession of the Area to MnDOT. If, without MnDOT’s written consent, Permittee continues to occupy the Area after the Expiration Date or earlier termination, Permittee will remain subject to all conditions, provisions, and obligations of this LUP, and further, Permittee will pay all costs and expenses, including attorney’s fees, in any action brought by MnDOT to remove the Facility and the Permittee from the Area. 3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no cost or expense to MnDOT. Before construction of any kind, the plans for such construction shall be approved in writing by the MnDOT's District Engineer. Approval in writing from MnDOT District Engineer shall be required for any changes from the approved plan. The Permittee will construct the Facility at the location shown in the attached Exhibit "A", and in accordance with MnDOT-approved plans and specifications. Further, Permittee will construct 237 LUP – Standardized LUP Form Page 3 of 6 LU1001 10/21/2022 the Facility using construction procedures compatible with the safe and efficient operation of the highway. Upon completion of the construction of the Facility, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. The Permittee shall preserve and protect all utilities located on the lands covered by this LUP at no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at its sole cost and expense, including, but not limited to, plowing and removal of snow and installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other governmental agency sign post within the Area. MnDOT will not mark obstacles for users on trunk highway right of way. 5. USE. Other than as identified and approved by MnDOT, no permanent structures or no advertising devices in any manner, form or size shall be allowed on the Area. No commercial activities shall be allowed to operate upon the Area. Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the property for highway and transportation purposes. This LUP does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge. No rights to relocation benefits are established by this LUP. This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the Area. 6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued by any federal, state or local political subdivision having jurisdiction and authority in connection with said Area including the Americans with Disabilities Act (“ADA”). If the Area and Facilities are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and perform such obligation without liability to Permittee for any loss or damage to Permittee thereby 238 LUP – Standardized LUP Form Page 4 of 6 LU1001 10/21/2022 incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for overhead and supervision within 30 days of receipt of MnDOT’s invoice. 7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event improvements are constructed, maintained, or otherwise operated on the Property described in this Limited Use Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the Permittee will maintain and operate such improvements and services in compliance with all requirements imposed by the Acts and Regulations relative to nondiscrimination in federally-assisted programs of the United States Department of Transportation, Federal Highway Administration, (as may be amended) such that no person on the grounds of race, color, national origin, sex, age, disability, income- level, or limited English proficiency will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said improvements. 8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is granted, so as to maintain the safety of both the motoring public and Facility users. 9. ASSIGNMENT. No assignment of this LUP is allowed. 10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties, or agreements have been made by MnDOT or Permittee to one another with respect to this LUP. 11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State’s right of way. In the event of spillage of regulated materials, the Permittee shall notify in writing MnDOT’s District Engineer and shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 12. MECHANIC’S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto. 13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Permittee or when made in writing addressed as follows: to Permittee at: 239 LUP – Standardized LUP Form Page 5 of 6 LU1001 10/21/2022 Mayor City Hall 7700 Market Blvd Chanhassen, MN 55317 and to MnDOT at: State of Minnesota Department of Transportation Metro District Right of Way 1500 W. County Road B2 Roseville, MN 55113 The address to which notices are mailed may be changed by written notice given by either party to the other. 14. INDEMNITY. Permittee shall indemnify, defend to the extent authorized by the Minnesota Attorney General’s Office, hold harmless and release the State of Minnesota, its Commissioner of Transportation and employees and any successors and assigns of the foregoing, from and against: (a) all claims, demands, and causes of action for injury to or death of persons or loss of or damages to property (including Permittee's property) occurring on the Facility or connected with Permittee's use and occupancy of the Area, except when such injury, death, loss or damage is caused solely by the negligence of State of Minnesota, but including those instances where the State of Minnesota is deemed to be negligent because of its failure to supervise, inspect or control the operations of Permittee or otherwise discover or prevent actions or operations of Permittee giving rise to liability to any person; (b) claims arising or resulting from the temporary or permanent termination of Facility user rights on any portion of highway right of way over which this LUP is granted; (c) claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages; (d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished; and (e) any damages, testing costs and clean-up costs arising from spillage of regulated materials attributable to the construction, maintenance or operation of the Facility. 240 LUP – Standardized LUP Form Page 6 of 6 LU1001 10/21/2022 MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL CITY OF CHANHASSEN By_________________________________ Its ____________________________ And________________________________ Its ____________________________ By:______________________________ District Engineer Date_____________________________ APPROVED BY: COMMISSIONER OF TRANSPORTATION By:______________________________ Director, Office of Land Management Date____________________________ The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. 241 Exhibit A - LUP #1002-0054, Sheet 1 of 2 242 Exhibit A - LUP #1002-0054, Sheet 2 of 2 243 LUP Termination Letter Page 1 of 1 LU1018 10/27/2022 Metro District Right of Way Office Tel: 651-234-7500 1500 W. County Road B2 Roseville, MN 55113 Fax: 651-234-7708 E -mail: Lisa.Dircks@state.mn.us October 21, 2022 City of Chanhassen Mayor Elise Ryan City Hall 7700 Market Blvd Chanhassen, MN 55317 Subject: C.S. 1008 (T.H. 41) LUP # 1008-0024 Limited Use Permit for Non-Motorized Trail Termination Notice Dear Mayor Ryan: This letter serves as MnDOT’s formal notice to terminate the Limited Use Permit referred to as #1008-0024 by and between the State of Minnesota, Department of Transportation (MnDOT) and the City of Chanhassen. Limited Use Permit #1008-0024 expired on 1/15/2022. To bring the City into compliance with current Federal and State regulations and policies, MNDOT will issue LUP # 1008- 0055, included with this letter. Effective on issuance of Limited Use Permit # 1008-0055, MnDOT terminates Limited Use Permit # 1008-0024 and such permit is null and void effective on such date. If you have any questions or concerns, please contact me at: 651-234-7586 or lisa.dircks@state.mn.us. Sincerely, Lisa Dircks Transportation Specialist cc: Anna Kojic, Asst. R/W Manager Doug Nelson, R/W Area Manager Michael Kowski, Maintenance Engineer Diane Langenbach, Project Manager 244 LUP – Standardized LUP Form Page 1 of 6 LU1001 10/21/2022 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT C.S. 1008 (T.H. 41) County of Carver LUP # 1008-0055 Permittee: City of Chanhassen Expiration Date: 10/21/2032 Coop./Const. Agmt # N/A In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its Commissioner of Transportation, (“MnDOT”), hereby grants a Limited Use Permit (the “LUP”) to City of Chanhassen, (“Permittee”), to use the area within the right of way of Trunk Highway No. 41 as shown in red on Exhibit "A", (the “Area”) attached hereto and incorporated herein by reference. This Limited Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached hereto as Exhibit B. Non-Motorized Trail The Permittee's use of the Area is limited to only the constructing, maintaining and operating a nonmotorized trail ("Facility") and the use thereof may be further limited by 23 C.F.R. 652 also published as the Federal-Aid Policy Guide. The permittee agrees that this permit totally replaces and supersedes the previously issued Limited Use permit affecting the Area, specifically: The first permit, # 1008-0024, was issued on 3/26/2012 on CS 1008 (TH41=112). Upon issuance of this permit the earlier issued permit is cancelled. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. TERM. This LUP terminates at 11:59PM on 10/21/2032 (“Expiration Date”) subject to the right of cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90) days written notice of such cancellation. This LUP will not be renewed except as provided below. Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to 245 LUP – Standardized LUP Form Page 2 of 6 LU1001 10/21/2022 the Expiration Date, a written request to extend the term. Any extension of the LUP term will be under the same terms and conditions in this LUP, provided: (a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and Area are compatible with the safe and efficient operation of the highway and the Facility and Area are in good condition and repair. If, in MnDOT’s sole determination, modifications and repairs to the Facility and Area are needed, Permittee will perform such work as outlined in writing in an amendment of this LUP; and (b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable governmental body authorizing the Permittee’s use of the Facility and Area for the additional term. If Permittee’s written request to extend the term is not timely given, the LUP will expire on the Expiration Date. Permittee hereby voluntarily releases and waives any and all claims and causes of action for damages, costs, expenses, losses, fees and compensation arising from or related to any cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or assert any claims for damages, costs, expenses, losses, fees and compensation based upon the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute any legal action against MnDOT based upon any of the claims released in this paragraph. 2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee’s sole cost and expense Permittee will: (a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District Engineer; and (b) Surrender possession of the Area to MnDOT. If, without MnDOT’s written consent, Permittee continues to occupy the Area after the Expiration Date or earlier termination, Permittee will remain subject to all conditions, provisions, and obligations of this LUP, and further, Permittee will pay all costs and expenses, including attorney’s fees, in any action brought by MnDOT to remove the Facility and the Permittee from the Area. 3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no cost or expense to MnDOT. Before construction of any kind, the plans for such construction shall be approved in writing by the MnDOT's District Engineer. Approval in writing from MnDOT District Engineer shall be required for any changes from the approved plan. The Permittee will construct the Facility at the location shown in the attached Exhibit "A", and in accordance with MnDOT-approved plans and specifications. Further, Permittee will construct 246 LUP – Standardized LUP Form Page 3 of 6 LU1001 10/21/2022 the Facility using construction procedures compatible with the safe and efficient operation of the highway. Upon completion of the construction of the Facility, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. The Permittee shall preserve and protect all utilities located on the lands covered by this LUP at no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at its sole cost and expense, including, but not limited to, plowing and removal of snow and installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other governmental agency sign post within the Area. MnDOT will not mark obstacles for users on trunk highway right of way. 5. USE. Other than as identified and approved by MnDOT, no permanent structures or no advertising devices in any manner, form or size shall be allowed on the Area. No commercial activities shall be allowed to operate upon the Area. Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the property for highway and transportation purposes. This LUP does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge. No rights to relocation benefits are established by this LUP. This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the Area. 6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued by any federal, state or local political subdivision having jurisdiction and authority in connection with said Area including the Americans with Disabilities Act (“ADA”). If the Area and Facilities are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and perform such obligation without liability to Permittee for any loss or damage to Permittee thereby 247 LUP – Standardized LUP Form Page 4 of 6 LU1001 10/21/2022 incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for overhead and supervision within 30 days of receipt of MnDOT’s invoice. 7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event improvements are constructed, maintained, or otherwise operated on the Property described in this Limited Use Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the Permittee will maintain and operate such improvements and services in compliance with all requirements imposed by the Acts and Regulations relative to nondiscrimination in federally-assisted programs of the United States Department of Transportation, Federal Highway Administration, (as may be amended) such that no person on the grounds of race, color, national origin, sex, age, disability, income- level, or limited English proficiency will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said improvements. 8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is granted, so as to maintain the safety of both the motoring public and Facility users. 9. ASSIGNMENT. No assignment of this LUP is allowed. 10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties, or agreements have been made by MnDOT or Permittee to one another with respect to this LUP. 11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State’s right of way. In the event of spillage of regulated materials, the Permittee shall notify in writing MnDOT’s District Engineer and shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 12. MECHANIC’S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto. 13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Permittee or when made in writing addressed as follows: to Permittee at: 248 LUP – Standardized LUP Form Page 5 of 6 LU1001 10/21/2022 Mayor City Hall 7700 Market Blvd Chanhassen, MN 55317 and to MnDOT at: State of Minnesota Department of Transportation Metro District Right of Way 1500 W. County Road B2 Roseville, MN 55113 The address to which notices are mailed may be changed by written notice given by either party to the other. 14. INDEMNITY. Permittee shall indemnify, defend to the extent authorized by the Minnesota Attorney General’s Office, hold harmless and release the State of Minnesota, its Commissioner of Transportation and employees and any successors and assigns of the foregoing, from and against: (a) all claims, demands, and causes of action for injury to or death of persons or loss of or damages to property (including Permittee's property) occurring on the Facility or connected with Permittee's use and occupancy of the Area, except when such injury, death, loss or damage is caused solely by the negligence of State of Minnesota, but including those instances where the State of Minnesota is deemed to be negligent because of its failure to supervise, inspect or control the operations of Permittee or otherwise discover or prevent actions or operations of Permittee giving rise to liability to any person; (b) claims arising or resulting from the temporary or permanent termination of Facility user rights on any portion of highway right of way over which this LUP is granted; (c) claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages; (d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished; and (e) any damages, testing costs and clean-up costs arising from spillage of regulated materials attributable to the construction, maintenance or operation of the Facility. 249 LUP – Standardized LUP Form Page 6 of 6 LU1001 10/21/2022 MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL CITY OF CHANHASSEN By_________________________________ Its ____________________________ And________________________________ Its ____________________________ By:______________________________ District Engineer Date_____________________________ APPROVED BY: COMMISSIONER OF TRANSPORTATION By:______________________________ Director, Office of Land Management Date____________________________ The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. 250 MATCH LINE - SEE SHEET 2LUP 1008-0055 EXHIBIT A, SHEET 1 OF 2 TH 41 MINNETONKA MIDDLE SCHOOL WESTENTRANCE TO CHAS KA RD251 LUP 1008-0055 EXHIBIT A, SHEET 2 OF 2 TH 41 TH 7MATCH LINE - SEE SHEET 1ENTRANCE7/41 CROSSINGS252 LUP – Standardized LUP Form Page 1 of 6 LU1001 10/27/2022 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT C.S. 2736 (T.H. 101) County of Hennepin LUP # 2736-0257 Permittee: City of Chanhassen Expiration Date: 10/21/2032 Coop./Const. Agmt # In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its Commissioner of Transportation, (“MnDOT”), hereby grants a Limited Use Permit (the “LUP”) to City of Chanhassen, (“Permittee”), to use the area within the right of way of Trunk Highway No. 101 as shown in red on Exhibit "A", (the “Area”) attached hereto and incorporated herein by reference. This Limited Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached hereto as Exhibit B. Non-Motorized Trail The Permittee's use of the Area is limited to only the constructing, maintaining and operating a nonmotorized trail ("Facility") and the use thereof may be further limited by 23 C.F.R. 652 also published as the Federal-Aid Policy Guide. The permittee agrees that this permit totally replaces and supersedes the previously issued Limited Use permits affecting the Area, specifically: The first permit, # 2736-0135, was issued on 2/21/2012 on CS 2736 (TH 101=187). The second permit, # 2736-014, was issued on 6/13/2004 on CS 2736 (TH 101=187). Upon issuance of this permit each of these earlier issued permits are cancelled. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. TERM. This LUP terminates at 11:59PM on 10/21/2032 (“Expiration Date”) subject to the right of cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90) days written notice of such cancellation. This LUP will not be renewed except as provided below. 253 LUP – Standardized LUP Form Page 2 of 6 LU1001 10/27/2022 Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to the Expiration Date, a written request to extend the term. Any extension of the LUP term will be under the same terms and conditions in this LUP, provided: (a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and Area are compatible with the safe and efficient operation of the highway and the Facility and Area are in good condition and repair. If, in MnDOT’s sole determination, modifications and repairs to the Facility and Area are needed, Permittee will perform such work as outlined in writing in an amendment of this LUP; and (b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable governmental body authorizing the Permittee’s use of the Facility and Area for the additional term. If Permittee’s written request to extend the term is not timely given, the LUP will expire on the Expiration Date. Permittee hereby voluntarily releases and waives any and all claims and causes of action for damages, costs, expenses, losses, fees and compensation arising from or related to any cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or assert any claims for damages, costs, expenses, losses, fees and compensation based upon the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute any legal action against MnDOT based upon any of the claims released in this paragraph. 2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee’s sole cost and expense Permittee will: (a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District Engineer; and (b) Surrender possession of the Area to MnDOT. If, without MnDOT’s written consent, Permittee continues to occupy the Area after the Expiration Date or earlier termination, Permittee will remain subject to all conditions, provisions, and obligations of this LUP, and further, Permittee will pay all costs and expenses, including attorney’s fees, in any action brought by MnDOT to remove the Facility and the Permittee from the Area. 3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no cost or expense to MnDOT. Before construction of any kind, the plans for such construction shall be approved in writing by the MnDOT's District Engineer. Approval in writing from MnDOT District Engineer shall be required for any changes from the approved plan. 254 LUP – Standardized LUP Form Page 3 of 6 LU1001 10/27/2022 The Permittee will construct the Facility at the location shown in the attached Exhibit "A", and in accordance with MnDOT-approved plans and specifications. Further, Permittee will construct the Facility using construction procedures compatible with the safe and efficient operation of the highway. Upon completion of the construction of the Facility, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. The Permittee shall preserve and protect all utilities located on the lands covered by this LUP at no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at its sole cost and expense, including, but not limited to, plowing and removal of snow and installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other governmental agency sign post within the Area. MnDOT will not mark obstacles for users on trunk highway right of way. 5. USE. Other than as identified and approved by MnDOT, no permanent structures or no advertising devices in any manner, form or size shall be allowed on the Area. No commercial activities shall be allowed to operate upon the Area. Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the property for highway and transportation purposes. This LUP does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge. No rights to relocation benefits are established by this LUP. This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the Area. 6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued by any federal, state or local political subdivision having jurisdiction and authority in connection with said Area including the Americans with Disabilities Act (“ADA”). If the Area and Facilities are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and 255 LUP – Standardized LUP Form Page 4 of 6 LU1001 10/27/2022 perform such obligation without liability to Permittee for any loss or damage to Permittee thereby incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for overhead and supervision within 30 days of receipt of MnDOT’s invoice. 7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event improvements are constructed, maintained, or otherwise operated on the Property described in this Limited Use Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the Permittee will maintain and operate such improvements and services in compliance with all requirements imposed by the Acts and Regulations relative to nondiscrimination in federally-assisted programs of the United States Department of Transportation, Federal Highway Administration, (as may be amended) such that no person on the grounds of race, color, national origin, sex, age, disability, income- level, or limited English proficiency will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said improvements. 8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is granted, so as to maintain the safety of both the motoring public and Facility users. 9. ASSIGNMENT. No assignment of this LUP is allowed. 10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties, or agreements have been made by MnDOT or Permittee to one another with respect to this LUP. 11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State’s right of way. In the event of spillage of regulated materials, the Permittee shall notify in writing MnDOT’s District Engineer and shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 12. MECHANIC’S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto. 13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Permittee or when made in writing addressed as follows: to Permittee at: 256 LUP – Standardized LUP Form Page 5 of 6 LU1001 10/27/2022 Mayor City Hall 7700 Market Blvd Chanhassen, MN 55317 and to MnDOT at: State of Minnesota Department of Transportation Metro District Right of Way 1500 W. County Road B2 Roseville, MN 55113 The address to which notices are mailed may be changed by written notice given by either party to the other. 14. INDEMNITY. Permittee shall indemnify, defend to the extent authorized by the Minnesota Attorney General’s Office, hold harmless and release the State of Minnesota, its Commissioner of Transportation and employees and any successors and assigns of the foregoing, from and against: (a) all claims, demands, and causes of action for injury to or death of persons or loss of or damages to property (including Permittee's property) occurring on the Facility or connected with Permittee's use and occupancy of the Area, except when such injury, death, loss or damage is caused solely by the negligence of State of Minnesota, but including those instances where the State of Minnesota is deemed to be negligent because of its failure to supervise, inspect or control the operations of Permittee or otherwise discover or prevent actions or operations of Permittee giving rise to liability to any person; (b) claims arising or resulting from the temporary or permanent termination of Facility user rights on any portion of highway right of way over which this LUP is granted; (c) claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages; (d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished; and (e) any damages, testing costs and clean-up costs arising from spillage of regulated materials attributable to the construction, maintenance or operation of the Facility. 257 LUP – Standardized LUP Form Page 6 of 6 LU1001 10/27/2022 MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL CITY OF CHANHASSEN By_________________________________ Its ____________________________ And________________________________ Its ____________________________ By:______________________________ District Engineer Date_____________________________ APPROVED BY: COMMISSIONER OF TRANSPORTATION By:______________________________ Director, Office of Land Management Date____________________________ The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. 258 Exhibit A - LUP #2736-0257, Sheet 1 of 16 259 Exhibit A - LUP #2736-0257, Sheet 2 of 16 260 Exhibit A - LUP #2736-0257, Sheet 3 of 16 261 Exhibit A - LUP #2736-0257, Sheet 4 of 16 262 Exhibit A - LUP #2736-0257, Sheet 5 of 16 263 Exhibit A - LUP #2736-0257, Sheet 6 of 16 264 Exhibit A - LUP #2736-0257, Sheet 7 of 16 265 Exhibit A - LUP #2736-0257, Sheet 8 of 16 266 Exhibit A - LUP #2736-0257, Sheet 9 of 16 267 Exhibit A - LUP #2736-0257, Sheet 10 of 16 268 Exhibit A - LUP #2736-0257, Sheet 11 of 16 269 Exhibit A - LUP #2736-0257, Sheet 12 of 16 270 Exhibit A - LUP #2736-0257, Sheet 1 of 16 Exhibit A - LUP #2736-0257, Sheet 13 of 16 271 Exhibit A - LUP #2736-0257, Sheet 14 of 16 272 Exhibit A - LUP #2736-0257, Sheet 15 of 16 273 274 LUP Termination Letter Page 1 of 1 LU1018 10/27/2022 Metro District Right of Way Office Tel: 651-234-7500 1500 W. County Road B2 Roseville, MN 55113 Fax: 651-234-7708 E -mail: Lisa.Dircks@state.mn.us October 24, 2022 City of Chanhassen Mayor Elise Ryan City Hall 7700 Market Blvd Chanhassen, MN 55317 Subject: C.S. 2736 (T.H. 101) LUP # 2736-014 LUP # 2736-0135 Limited Use Permit for Non-Motorized Trail Termination Notice Dear Mayor Ryan: This letter serves as MnDOT’s formal notice to terminate the Limited Use Permit referred to as # 2736-014 and Limited Use Permit referred to as # 2736-0135 by and between the State of Minnesota, Department of Transportation (MnDOT) and the City of Chanhassen. This non-motorized trail is being reconstructed with MNDOT Project SP 2736-46. To bring the City into compliance with current Federal and State regulations and policies, MNDOT will issue LUP # 2736-0257, included with this letter. Effective on the issuance of Limited Use Permit # 2736-0257, MnDOT terminates these Limited Use Permits and such permits are null and void effective on such date. If you have any questions or concerns, please contact me at: 651-234-7586 or lisa.dircks@state.mn.us. Sincerely, Lisa Dircks Transportation Specialist cc: Anna Kojic, Asst. R/W Manager Doug Nelson, R/W Area Manager Michael Kowski, Maintenance Engineer Diane Langenbach, Project Manager 275 LUP Termination Letter Page 1 of 1 LU1018 10/27/2022 Metro District Right of Way Office Tel: 651-234-7500 1500 W. County Road B2 Roseville, MN 55113 Fax: 651-234-7708 E -mail: Lisa.Dircks@state.mn.us October 24, 2022 City of Chanhassen Mayor Elise Ryan City Hall 7700 Market Blvd Chanhassen, MN 55317 Subject: C.S. 2762 (T.H. 212) LUP # 2762-0138 Limited Use Permit for Non-Motorized Trail Termination Notice Dear Mayor Ryan: This letter serves as MnDOT’s formal notice to terminate the Limited Use Permit referred to as #2762-0138 by and between the State of Minnesota, Department of Transportation (MnDOT) and the City of Chanhassen. This Permit expired 2/1/2022. To bring the City into compliance with current Federal and State regulations and policies, MNDOT will issue LUP # 2762-0258, included with this letter. Effective on issuance of Limited Use Permit # 2762-0258, MnDOT terminates Limited Use Permit and such permit is null and void effective on such date. If you have any questions or concerns, please contact me at: 651-234-7585 or lisa.dircks@state.mn.us. Sincerely, Lisa Dircks Transportation Specialist cc: Anna Kojic, Asst. R/W Manager Doug Nelson, R/W Area Manager Michael Kowski, Maintenance Engineer Diane Langenbach, Project Manager 276 LUP – Standardized LUP Form Page 1 of 6 LU1001 10/27/2022 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT C.S. 2762 (T.H. 212) County of Hennepin LUP # 2762-0258 Permittee: City of Chanhassen Expiration Date: 10/24/2032 Coop./Const. Agmt # N/A In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its Commissioner of Transportation, (“MnDOT”), hereby grants a Limited Use Permit (the “LUP”) to City of Chanhassen, (“Permittee”), to use the area within the right of way of Trunk Highway No. 212 as shown in red on Exhibit "A", (the “Area”) attached hereto and incorporated herein by reference. This Limited Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached hereto as Exhibit B. Non-Motorized Trail The Permittee's use of the Area is limited to only the constructing, maintaining and operating a nonmotorized trail ("Facility") and the use thereof may be further limited by 23 C.F.R. 652 also published as the Federal-Aid Policy Guide. The permittee agrees that this permit totally replaces and supersedes the previously issued Limited 2762 (TH 212=260). Upon issuance of this permit the earlier issued permit is cancelled. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. TERM. This LUP terminates at 11:59PM on 10/24/2032 (“Expiration Date”) subject to the right of cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90) days written notice of such cancellation. This LUP will not be renewed except as provided below. Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to 277 LUP – Standardized LUP Form Page 2 of 6 LU1001 10/27/2022 the Expiration Date, a written request to extend the term. Any extension of the LUP term will be under the same terms and conditions in this LUP, provided: (a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and Area are compatible with the safe and efficient operation of the highway and the Facility and Area are in good condition and repair. If, in MnDOT’s sole determination, modifications and repairs to the Facility and Area are needed, Permittee will perform such work as outlined in writing in an amendment of this LUP; and (b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable governmental body authorizing the Permittee’s use of the Facility and Area for the additional term. If Permittee’s written request to extend the term is not timely given, the LUP will expire on the Expiration Date. Permittee hereby voluntarily releases and waives any and all claims and causes of action for damages, costs, expenses, losses, fees and compensation arising from or related to any cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or assert any claims for damages, costs, expenses, losses, fees and compensation based upon the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute any legal action against MnDOT based upon any of the claims released in this paragraph. 2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee’s sole cost and expense Permittee will: (a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District Engineer; and (b) Surrender possession of the Area to MnDOT. If, without MnDOT’s written consent, Permittee continues to occupy the Area after the Expiration Date or earlier termination, Permittee will remain subject to all conditions, provisions, and obligations of this LUP, and further, Permittee will pay all costs and expenses, including attorney’s fees, in any action brought by MnDOT to remove the Facility and the Permittee from the Area. 3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no cost or expense to MnDOT. Before construction of any kind, the plans for such construction shall be approved in writing by the MnDOT's District Engineer. Approval in writing from MnDOT District Engineer shall be required for any changes from the approved plan. The Permittee will construct the Facility at the location shown in the attached Exhibit "A", and in accordance with MnDOT-approved plans and specifications. Further, Permittee will construct 278 LUP – Standardized LUP Form Page 3 of 6 LU1001 10/27/2022 the Facility using construction procedures compatible with the safe and efficient operation of the highway. Upon completion of the construction of the Facility, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. The Permittee shall preserve and protect all utilities located on the lands covered by this LUP at no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at its sole cost and expense, including, but not limited to, plowing and removal of snow and installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other governmental agency sign post within the Area. MnDOT will not mark obstacles for users on trunk highway right of way. 5. USE. Other than as identified and approved by MnDOT, no permanent structures or no advertising devices in any manner, form or size shall be allowed on the Area. No commercial activities shall be allowed to operate upon the Area. Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the property for highway and transportation purposes. This LUP does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge. No rights to relocation benefits are established by this LUP. This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the Area. 6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued by any federal, state or local political subdivision having jurisdiction and authority in connection with said Area including the Americans with Disabilities Act (“ADA”). If the Area and Facilities are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and perform such obligation without liability to Permittee for any loss or damage to Permittee thereby 279 LUP – Standardized LUP Form Page 4 of 6 LU1001 10/27/2022 incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for overhead and supervision within 30 days of receipt of MnDOT’s invoice. 7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event improvements are constructed, maintained, or otherwise operated on the Property described in this Limited Use Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the Permittee will maintain and operate such improvements and services in compliance with all requirements imposed by the Acts and Regulations relative to nondiscrimination in federally-assisted programs of the United States Department of Transportation, Federal Highway Administration, (as may be amended) such that no person on the grounds of race, color, national origin, sex, age, disability, income- level, or limited English proficiency will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said improvements. 8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is granted, so as to maintain the safety of both the motoring public and Facility users. 9. ASSIGNMENT. No assignment of this LUP is allowed. 10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties, or agreements have been made by MnDOT or Permittee to one another with respect to this LUP. 11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State’s right of way. In the event of spillage of regulated materials, the Permittee shall notify in writing MnDOT’s District Engineer and shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 12. MECHANIC’S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto. 13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Permittee or when made in writing addressed as follows: to Permittee at: 280 LUP – Standardized LUP Form Page 5 of 6 LU1001 10/27/2022 Mayor City Hall 7700 Market Blvd Chanhassen, MN 55317 and to MnDOT at: State of Minnesota Department of Transportation Metro District Right of Way 1500 W. County Road B2 Roseville, MN 55113 The address to which notices are mailed may be changed by written notice given by either party to the other. 14. INDEMNITY. Permittee shall indemnify, defend to the extent authorized by the Minnesota Attorney General’s Office, hold harmless and release the State of Minnesota, its Commissioner of Transportation and employees and any successors and assigns of the foregoing, from and against: (a) all claims, demands, and causes of action for injury to or death of persons or loss of or damages to property (including Permittee's property) occurring on the Facility or connected with Permittee's use and occupancy of the Area, except when such injury, death, loss or damage is caused solely by the negligence of State of Minnesota, but including those instances where the State of Minnesota is deemed to be negligent because of its failure to supervise, inspect or control the operations of Permittee or otherwise discover or prevent actions or operations of Permittee giving rise to liability to any person; (b) claims arising or resulting from the temporary or permanent termination of Facility user rights on any portion of highway right of way over which this LUP is granted; (c) claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages; (d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished; and (e) any damages, testing costs and clean-up costs arising from spillage of regulated materials attributable to the construction, maintenance or operation of the Facility. 281 LUP – Standardized LUP Form Page 6 of 6 LU1001 10/27/2022 MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL CITY OF CHANHASSEN By_________________________________ Its ____________________________ And________________________________ Its ____________________________ By:______________________________ District Engineer Date_____________________________ APPROVED BY: COMMISSIONER OF TRANSPORTATION By:______________________________ Director, Office of Land Management Date____________________________ The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. 282 Exhibit A - LUP #2762-0258 283 City Council Item November 14, 2022 Item Resolution 2022-XX: Certifying Results of General Election held on November 8, 2022 File No.Item No: D.12 Agenda Section CONSENT AGENDA Prepared By Kim Meuwissen, City Clerk Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts a resolution certifying local election results from the November 8, 2022 General Election." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND According to Minnesota Statute 285.185 Subd. 3, between the third and tenth days after an election, the governing body of a city conducting any election including a special municipal election, shall act as the canvassing board, canvass the returns, and declare the results of the election. The City of Chanhassen holds their municipal election along with the State General Election on even- numbered years. City elections were held on November 8, 2022 at the following six precincts located within the City: Precinct 1 - Chanhassen Library Precinct 2 - Westwood Community Church 284 Precinct 3 - Chanhassen Recreation Center Precinct 4 - Chanhassen City Hall - Senior Center Precinct 5 - Chanhassen Recreation Center Precinct 6 - Chanhassen Public Works Two council member seats and the mayor seat were on the November 8, 2022 General Election ballot. Attached is a resolution that declares the winners of the races for the Mayor and two City Council members as follows: Office Candidate Mayor Elise Ryan Council member Mark von Oven Council member Jerry A. McDonald Absentee voting is conducted by the County and the results of the absentee voting were added to the numbers of the residents who voted in the precincts in the City on November 8, 2022. DISCUSSION Final numbers will be added to the staff report on Monday, November 14, prior to the City Council meeting. BUDGET RECOMMENDATION Staff recommends adoption of the attached resolution certifying the local election results from the November 8, 2022 General Election. ATTACHMENTS Resolution General Tally 285 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 14, 2022 RESOLUTION NO:2022-XX MOTION BY: SECONDED BY: A RESOLUTION CERTIFYING THE ELECTION RESULTS OF THE NOVEMBER 8, 2022 GENERAL ELECTION WHEREAS, the municipal election was duly held on Tuesday, November 8, 2022 for the election of the mayor and two council members for terms ending on the first business day of January, 2027; and WHEREAS, the City Council of Chanhassen has this date duly met as the City Canvassing Board to declare the results of the election returns made by the election judges as true and correct. Said results are listed on the attached Exhibit A. NOW, THEREFORE, BE IT RESOLVED that the City Council, sitting as the City Canvassing Board, hereby declares the results of the 2022 municipal election as follows: 1. For the position of Mayor – Elise Ryan 2. For the position of Council Member – Mark von Oven 3. For the position of Council Member – Jerry A. McDonald PASSED AND ADOPTED by the Chanhassen City Council sitting as the City Canvassing Board this 14th day of November, 2022. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 286 EXHIBIT A CITY OF CHANHASSEN 2022 GENERAL ELECTION RESULTS NOVEMBER 8, 2022 Precinct 1 Precinct 2 Precinct 3 Precinct 4 Precinct 5 Precinct 6 Total Total Votes Counted 2,292 2,070 2,507 2,445 2,296 2,345 13,955 Total Registered at 7:00a.m. 2,950 2,720 3,406 3,294 3,101 3,174 18,645 Registered Election Day 65 79 106 127 70 90 537 Total Registered 3,015 2,799 3,512 3,421 3,171 3,264 19,182 Percent of Registered Voters 76.02%73.95%71.38%71.47%72.41%71.84%72.75% Mayor City of Chanhassen Precinct 1 Precinct 2 Precinct 3 Precinct 4 Precinct 5 Precinct 6 Total Percent of Votes Elise Ryan 1,612 1,397 1,856 1,770 1,708 1,612 9,955 98.77% Write-ins 23 16 26 21 20 18 124 1.23% Totals 1,635 1,413 1,882 1,791 1,728 1,630 10,079 100.00% Council Member City of Chanhassen Precinct 1 Precinct 2 Precinct 3 Precinct 4 Precinct 5 Precinct 6 Total Percent of Votes Jerry A. McDonald 936 766 1,095 1,109 1,058 994 5,958 38.81% Mark von Oven 1,160 823 1,108 1,125 963 955 6,134 39.96% Andrew Soudbash 458 457 602 603 512 536 3,168 20.64% Write-ins 11 13 10 27 17 13 91 0.59% Totals 2,565 2,059 2,815 2,864 2,550 2,498 15,351 100.00% Mayor Elise Ryan City Council Member Mark von Oven City Council Member Jerry A. McDonald Signed this 14th day of November, 2022 _____________________________________ Elise Ryan _________________________________________________________________________ Jerry A. McDonald Dan Campion _________________________________________________________________________ Lucy Rehm Haley Schubert The Chanhassen City Council, serving as the Canvassing Board, solumnly swears to perform the duties of a member of the Canvass Board according to law and the best of their ability and will diligently endeavor to prevent fraud, deceit, and abuse in conducting this canvass. They will perform their duties in a fair and impartial manner and not attempt to create an advantage for their party or their candidate. The Canvass Board hereby declares the results of the 2022 municipal election as follows: 287 City Council Item November 14, 2022 Item Ordinance XXX: Amendment to Chapter 20, Zoning, Concerning Variance Extensions File No.City Code 2022-09 Item No: D.13 Agenda Section CONSENT AGENDA Prepared By MacKenzie Young-Walters, Associate Planner Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts an ordinance amending Chapter 20, Zoning, concerning variance extensions." Motion Type Simple Majority Vote of members present Strategic Priority Operational Excellence SUMMARY Staff received a request to extend a variance; however, the City Code does not permit the extension of a variance where substantial action has not been taken. The City Attorney has recommend that staff amend the City Code to permit the City Council to extend variances. BACKGROUND On October 18th, the Planning Commission held a public hearing on the proposed amendment to the City Code. No member of the public spoke for or against the proposed amendment, and no written comments were provided. The Planning Commission voted unanimously to recommend approval of the proposed amendment. During the public hearing the the Planning Commission made the following comments: The Planning Commission clarified that there was still the ability to deny a requested extension. 288 Staff confirmed that this is the case. The Planning Commission asked how it would be dealt with if there was physical change to the property. Staff indicated that it would have to be handled on a case-by-case basis. DISCUSSION Section 20-57 of the City Code stipulates that all variances not related to platting (i.e. subdivisions) shall expire within one year of issuance unless substantial action has been taken by the petitioner in reliance thereon. This provision is to ensure that variances are requested in response to practical difficulties associated with an imminent project, that variances are not proposed to increase resale value of a property, that variances are not requested to protect against a future change in ordinances, and that variances are assessed in terms of the City’s current ordinances and policies. Despite these valid reasons for attaching an expiration date to variances, there are situations where granting an extension would be desirable. For example, a resident may be unable to take timely action on a variance due to illness, a change in financial circumstances, or other extenuating circumstances. In these cases, it would make sense to permit the limited extension of a variance request, rather than requiring the property owner to go through the time and expense of applying for a new variance request where the resulting variance would presumably be the same. In order to maintain the intent of the existing expiration clause, staff is proposing that any party requesting the extension of a variance be required to request the extension at least 30 days prior to the stated date of expiration, state the reasons why they are requesting an extension, and the duration of the requested extension. Any requested extension would need to be approved by the City Council. Staff believes adding a provision allowing for the extension of variances under the above conditions allows the City to accommodate extenuating circumstances while still honoring the intent of the expiration clause. BUDGET N/A RECOMMENDATION Staff and the Planning Commission recommend the City Council adopt the attached ordinance amending Chapter 20 of the City Code concerning variance extensions. ATTACHMENTS Ordinance 289 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. XXX AN ORDINANCE AMENDING CHAPTER 20, ZONING, OF THE CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDIANS: Section 1.Section 20-57 of the Chanhassen City Code is amended to read as follows: Sec 20-57 Violations of Conditions Imposed Upon Variance; Termination (a) The violation of any written condition shall constitute a violation of this chapter. (b) It is a condition of every variance that the property for which the permit is issued not be subdivided or the lot lines of the property altered. (c) A variance, except a variance approved in conjunction with platting, shall become void within one year following issuance unless: (1) substantial action has been taken by the petitioner in reliance thereon; or, (2) The City Council may, at its discretion, approve a request from the petitioner to extend the variance. Such a request shall be made at least 30 days prior to the termination of the variance, shall be submitted in writing, shall state the reasons for requesting the extension, and shall state the duration of the requested extension. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 14th day of November, 2022 by the City Council of the City of Chanhassen, Minnesota Kim Meuwissen, City Clerk Elise Ryan, Mayor (Ordinance XXX published in the Chanhassen Villager on [Insert Date]) 290 City Council Item November 14, 2022 Item Approve an Encroachment Agreement between the City of Chanhassen and Donald P. Beadles and Andrea P. Beadles File No.N/A Item No: D.14 Agenda Section CONSENT AGENDA Prepared By Stacy Osen, Administrative Support Specialist Reviewed By Charlie Howley SUGGESTED ACTION "The Chanhassen City Council approves an encroachment agreement allowing Donald and Andrea Beadles to reconstruct an existing retaining wall on the subject property that will encroach into the City's easement area located at 743 Canterbury Circle." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY Encroachment Agreements (EAs) are customary for when a property owner installs a physical improvement within a public easement. The EA generally provides an obligation to the property owner to allow the City to access, remove, or alter the improvement as part of any necessary work that may occur within the easement in the future; and that any cost associated with repairing or replacing the improvement would be at the property owner's expense, not the City's. BACKGROUND The property owners of 743 Canterbury Circle (Donald and Andrea Beadles) have submitted a permit application to reconstruct an existing retaining wall on the property, which is legally described as Lot 24, Block 1, Triple Crown Estates. This improvement will encroach into the City's platted easement areas. In order to permit the improvement, the property owners must enter into an encroachment 291 agreement with the City. DISCUSSION The attached encroachment agreement was drafted by the City Attorney's office. The property owners have signed the encroachment agreement which requires City Council approval before the permit can be issued. Specific conditions are outlined in the agreement. Upon City approval and execution, the encroachment agreement will be recorded against the property. BUDGET N/A RECOMMENDATION Staff recommends approving the encroachment agreement. ATTACHMENTS Encroachment Agreement-743 Canterbury Circle 292 (res erved for reco rd ing information) ENCROACHMENT AGREEMENT AGREEMENT made this day of 2022, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and Donald P. BEADLES AND ANDREA P. BEADLES, married to each other ("Owners"). l. BACKGROUND. Owners are the fee owners of certain real property located in the City of Chanhassen, County of Carver, State of Minnesota, legally described as follows: Parcel No. 25.8590240 Lot24, Block l, Triple Crown Estates (torrens) having a street address of 743 Canterbury Circle, Chanhassen, Minnesota 55318 ("Subject Property"). The City owns easements for drainage and utility purposes over portions of the Subject Property ("Easement Areas"). Owners desire to reconstruct an existing retaining wall on the Subject Property that will encroach into the City's Easements Areas as depicted on the attached Exhibit "A". 224lO6vl 293 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in its Easement Areas on the Subject Property for the retaining wall subject to the conditions set forth in this Agreement. Further conditions of encroachment approval are as follow: The City shall have no responsibility to maintain or repair the retaining wall located within the Easement Areas. Owners agree that the retaining wall to be built will be 4' or less in total height, unless an engineered design for walls over 4' total height is submitted and approved by the City. The retaining wall located on the Subject Property must not impact or increase water drainage on the abutting properties or cause any adverse drainage patterns or erosion to the abutting properties. The Owners, their heirs, successors and assigns, are fully responsible and liable for any and all damage caused to the retaining wall or resulting from construction and/or installation of the retaining wall within the Easement Areas. The Owners of the Subject Property will own and maintain the retaining wall. Further, Owners agree that the retaining wall shall be constructed consistent with all applicable federal, state and local laws and regulations. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the Easement Areas, Owners, for themselves, their heirs and assigns, hereby agree to indemnifu and hold the City harmless from any damage caused to the Subject Property, including the retaining wall located in the Easement Areas, caused in whole or in part by the encroachment into the Easement Areas. 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time if it is reasonably necessary for the City to occupy the Easement Areas by giving the then owner of the Subject Property thirty (30) days advance written notice, except that no notice period will be required in the case of an emergency condition as determined solely by the City and this Agreement may then be terminated immediately. The property owner shall remove that portion of the retaining wall to the extent it impacts the Easement Areas to the effective date of the termination of this Agreement. If the owner fails to do so, the a a a a a 224106v1 294 City may remove the retaining wall to the extent it impacts the Easement Areas and charge the cost of removal back to the owner for reimbursement. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. CITY OF CHANHASSEN By (sEAL)Elise Ryan, Mayor And Laurie Hokkanen, City Manager STATE OF MINNESOTA COUNTY OF CARVER The foregoing instrument was acknowledged before me this day of 2022, by Elise Ryan and by Laurie Hokkanen, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public ) )ss. ) 224106v1 295 OWNERS: Donald Beadles /J-,/u,,- P E "//r)ffiea P. geadles STATE OF MINNESOTA COUNTY OF The foregoing inshument was acknowledged before me this Utl! day of N murubot r^r'1 t--- n^-^rJ n D^-rr^- -.--I ^ -J--- n D--l!-= ----=----J +- ^-^!-zvzz, Dy iriraral[ -r. ir-auics autt.r l1uurEa .f . rrEalllEs, rll4lll\;tr Lt uiatJll other DRA-FTED BY: CAMPBELL KNUTSON, Prafe s sio n al Asso ciatio n Grand Oak Offrce Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 T^1.-.-1-^..^, /a<1\ n<a €nnnr vrvPuvuv. \uJ r/ aJ!-J\r\ru AMP ) )ss- ) Notary STACY KERBER Public-Minnesota OSEN Notary 202731,JanCommisslooExpireaMy 224106v1 296 \re. EXHIBIT "A" CainlprS,,,- f .-^,-r' \' r' r' 'El r.?- ,5-0 ftl ,oo.oo - r- l I II -f R, i I ctr lt r Ir $.i --t- @ II 2a d5 i(J ha .r \(l- ftp .t tfd 1'19.7 Br{, Pf.or !La tta I I I u.0 0- t7'a 1,.P.'. J Rr,4t.ace Jt ,r,a-- I - ifrlll", RECETVED ocl tt&z - -r!.r4r r'. llrtorlrllllf,( l-G oc .'. i 4'*I ir' ei I 114'?. l4Gt kt tlm lLJ.L @ tfrt/ ( I 'oE wt rt - ,t,ta- - l,.t ,1, Erocr tr rxrrlx EELl DEf,tltE /\ rrEatcfrtrt-rrtLttalllFaItEl-oa-! t' iitEria-xl .tlEE lh dttfr.r' tD br-Elraa l,ll' Errfl rllrl rn{)risrJltl-lr-Er--rJL - 224106v1 I I VI I I 297 City Council Item November 14, 2022 Item 581 Fox Hill Drive: Request for Approval of Preliminary Plat File No.Planning Case No. 2022-10 Item No: G.1 Agenda Section GENERAL BUSINESS Prepared By Sharmeen Al-Jaff, Senior Planner Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council approves a request for preliminary plat to subdivide 2.47 acres into three lots and one outlot as shown in plans dated October 27, 2022 subject to the conditions of approval, and adopts the Findings of Fact and Decision.” Motion Type Simple Majority Vote of members present Strategic Priority Development & Redevelopment SUMMARY The applicant is requesting to subdivide 2.47 acres into three lots and one outlot for single-family detached housing. The property is located at the southeast intersection of Carver Beach Road and Fox Hill Drive and west of Lotus Lake. Access to the site is proposed via Fox Hill Drive. Sewer and water are available to the site. The property is zoned Single Family Residential (RSF). BACKGROUND On July 19, 2022, this request appeared before the Planning Commission. The plat consisted of four lots, one outlot, and a street. The Planning Commission tabled action on the request and directed the applicant to work on the design to reduce tree removal. 298 On September 20, 2022, the Planning Commission reviewed and unanimously approved this request. There was a lengthy discussion regarding the timing of extending and building the street that will serve as a future connection between Fox Hill Drive and Big Woods Boulevard. The Planning Commission noted that they recommend the City Council evaluate the requirement to build the stub/right-of-way at this time versus waiting until there is an actual need. The Planning Commission discussed the tree removal proposed for the development of the site and some expressed disappointment that more trees could not be saved by the developer. Since City Code allows a proposed subdivisions to go below the minimum canopy cover required, the proposed subdivision could not be denied for excessive tree removal. Ongoing discussions continued with the applicant to minimize tree removal. Two changes occurred that will still allow the applicant to develop the site while reducing tree removal. The first change was reducing the number of developable lots from four to three and removing the Lotus Woods Drive. These two revisions allowed the development to save 58% of the existing canopy coverage. DISCUSSION The applicant is proposing to subdivide 2.47 acres into three lots and one outlot. The lots are proposed to be served via Fox Hill Drive. All of the proposed lots meet the minimum area, width and depth requirements of the Zoning Ordinance. Staff notes that the proposal is consistent with the Comprehensive Plan and the Zoning Ordinance. BUDGET RECOMMENDATION It is recommended that the City Council approve a request for preliminary plat to subdivide 2.47 acres into three lots and one outlot as shown in plans dated October 27, 2022 subject to the conditions of approval, and adopts the Findings of Fact and Decision. ATTACHMENTS City Council Staff Report November 14, 2022 Planning Commission Staff Report dated September 20, 2022 Minutes from September 20, 2022 Planning Commission Meeting Plans dated October 27, 2022 Letter from Maria and Andy Awes dated October 28, 2022 Letter from Connie Cervilla dated October 6, 2022 Updated Letter from Elizabeth and Matthew Kohane dated November 11, 2022 Letter from Neighbors Cervilla and Lang November 11, 2022 Findings of Fact November 14, 2022 Letter from Neighbor Landon dated November 14, 2022 299 CITY OF CHANHASSEN PC DATE:July 19, 2022 September 20, 2022 CC DATE:November 14, 2022 REVIEW DEADLINE: November 30, 2022 CASE #: 2022-10 BY: SJ, ET, EH, JR, JS, JS SUMMARY OF REQUEST: Subdivision of 2.47 acres into three lots and one Outlot. This application appeared before the Planning Commission on July 19 and September 20, 2022. Revisions since the Planning Commission meeting include eliminating a Right-of-Way and reducing number of lots from four to three. This staff report reflects the revised plans. LOCATION:South of Fox Hill Drive, west of Lotus Lake and east of Carver Beach Road APPLICANT: Denali Custom Homes OWNER: Fox Hill Properties, LLC Chad Mayes Andy Awes 18352 Minnetonka Boulevard 14530 Martin Drive, Suite 120 Wayzata, MN 55391 Eden Prairie, MN 55344 chad@denalicustomhomes.com andy@committeefilms.com 612-282-0918 612-396-6478 PRESENT ZONING: Single Family Residential District (RSF) 2040 LAND USE PLAN: Residential Low Density (1.2 – 4.0 units/net acre) ACREAGE:2.47 acres DENSITY: 1.2 units per acre LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City’s discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSED MOTION: “The Chanhassen City Council approves the preliminary plat to subdivide 2.47 acres into three lots and one outlot as shown in plans, October 27, 2022, subject to the conditions of approval and adopts the Findings of Fact and Decision.” 300 581 Fox Hill Drive November 14, 2022 Page 2 of 15 APPLICABLE REGULATIONS Chapter 18, Subdivisions Sec. 18-57. - Streets (a) Sec. 18-60. - Lots(f) Chapter 20, Article XII, RSF District PROPOSAL/SUMMARY The applicant is requesting to subdivide 2.47 acres into three lots and one outlot for single-family detached housing. The property is located at the southeast intersection of Carver Beach Road and Fox Hill Drive and west of Lotus Lake. Access to the site is proposed via Fox Hill Drive. Sewer and water are available to the site. The property is zoned Single Family Residential (RSF). All three parcels meet ordinance requirements. Staff is recommending approval of the request with conditions. BACKGROUND On July 19, 2022, this request appeared before the Planning Commission. The plat consisted of four lots, one outlot and a street. 301 581 Fox Hill Drive November 14, 2022 Page 3 of 15 The Planning Commission tabled action on the request and directed the applicant to work on the design to reduce tree removal. On September 20, 2022, the Planning Commission reviewed and unanimously approved this request. There was a lengthy discussion regarding the timing of extending and building the street that will serve as a future connection between Fox Hill Drive and Big Woods Boulevard. The Planning Commission noted that they recommend the City Council evaluate the requirement to build the stub/right-of-way at this time versus waiting until there is an actual need. The Planning Commission discussed the tree removal proposed for the development of the site and some expressed disappointment that more trees could not be saved by the developer. Since City Code allows a proposed subdivisions to go below the minimum canopy cover required, the proposed subdivision could not be denied for excessive tree removal. Ongoing discussions continued with the applicant to minimize tree removal. Two changes occurred that still allows the applicant to develop the site while reducing tree removal. The first change was reducing the number of developable lots from four to three and removing the Lotus Woods Drive. These two revisions allowed the development to save 58% of the existing canopy coverage. SUBDIVISION The applicant is proposing to subdivide 2.47 acres into three lots and one outlot. The lots are proposed to be served via Fox Hill Drive. 302 581 Fox Hill Drive November 14, 2022 Page 4 of 15 All of the proposed lots meet the minimum area, width and depth requirements of the Zoning Ordinance. Staff notes that the proposal is consistent with the Comprehensive Plan and the Zoning Ordinance. DRAINAGE AND UTILITY EASEMENTS AND RIGHT-OF-WAY The preliminary plat provided illustrates mostly typical public drainage and utility easements (DUE) along the proposed subdivision’s lot lines with five foot DUE along the side and rear lot lines and a 10-foot DUE along the front lot lines. Additional DUE is being proposed along Lot 1 Block 1 along the shoreline of Lotus Lake and Lot 3 Block 1 which abuts a wetland encompassed by Outlot A. Private stormwater best management practices (BMPS) to serve the needs of the development must be wholly located outside of all public easements. The applicant is proposing to dedicate 10 feet of right-of-way to provide for a 50-foot right-of- way width along Fox Hill Drive and 30 feet of right-of-of way to provide for a 50-foot width along Carver Beach Road. Previous submittals proposed an additional 50-foot right-of-way bisecting now Lots 1 and 2, Block 1 to provide connectivity to the south for when the area further subdivides. This is no longer being proposed, see the Planning Commission staff report dated 9/13/2022 for reference, as well as the “Streets” section of this report. While these widths are not the City’s current standard for right-of-way widths (60 feet), the dedications are consistent with the surrounding neighborhoods. EXISTING CONDITIONS SURVEY The applicant provided an existing condition survey dated July 16, 2021. The existing condition survey describes an easement granted to the Northern States Power Company from July 22, 1941 which encompasses overhead electric lines. No other easements encumbering the property were noted. WETLANDS The proposed plans show one wetland onsite that was delineated by Kjolhaug Environmental Services on November 23, 2020. The report included a Minnesota Routine Assessment Method (MNRAM) assessment. The wetland was classified as a high value wetland (manage type 1) with a minimum buffer width requirement of 20 feet and an average width of 40 feet as outlined by Riley Purgatory Bluff Creek Watershed District (RPBCWD) rules. City Ordinance requires a 25-foot buffer and 30 feet principal structure setback from wetland buffers. The construction plans dated October 27, 2022 show wetland buffers and setbacks that are consistent with Article VI, Chapter 20 of City Ordinance - Wetland Protection and appears to meet watershed buffer requirements. GRADING The site’s existing and proposed grades generally slope down both east and west from a high point located near the center of the property. The developer is proposing to mass grade portions of the site in order to construct house pads and stormwater management areas. The updated preliminary grading plans dated October 27, 2022 submitted for the Council update appear to be 303 581 Fox Hill Drive November 14, 2022 Page 5 of 15 in compliance with Section 7-19 and 18-40 of City Ordinance; requirements of these sections include separation from low floor elevations of the proposed homes to the highest known groundwater elevations, ensuring lowest building openings have enough freeboard from any emergency overflows adjacent to the homes, ensuring driveway grades are within limits set by Ordinance (0.5%-10%), ensuring drainage will be routed away from building pads, illustrating adequate erosion control measures are planned for, etc. DRAINAGE In the existing condition there is a large drainage break along a hill located near the center of the project area which directs water either east or west. Stormwater runoff flows to one of three discharge points, east to Lotus Lake, northwest to Carver Beach Road or to the onsite wetland on the west side of the site. Offsite drainage from the private parcel south of the development also drains to the wetland onsite and was included in the hydraulic analysis. The wetland onsite does not have a structural outlet in the existing condition but overtops a natural spillway outlet and drains northwest to Carver Beach Road when inundated. Drainage to Carver Beach Road is picked up by catch basins in the northwest corner of the intersection of Carver Beach Road and Fox Hill Drive and drains to existing stormwater pond Lotus Lake 1-2-1. The proposed condition largely maintains the existing drainage patterns, continuing to drain to the same three discharge points. The proposed design uses surface grading to convey runoff to one of three privately owned BMPs which treat the stormwater before it discharges to one of the three discharge points. The proposed BMPs include three underground infiltration systems on the three separate lots. An outlet for the wetland is not proposed as part of the development, rather the wetland will continue to utilize the natural spillway acting as the emergency overflow and continuing to drain northwest to Carver Beach Road. Stormwater from this overflow would discharge across the roadway where it would be eventually picked up by public infrastructure located on the west side of Carver Beach Road. Piped outlets for the proposed BMPs are directed to one of the three discharge points. The previously proposed public roadway and infrastructure 304 581 Fox Hill Drive November 14, 2022 Page 6 of 15 has been removed from the plans. All onsite storm sewer and BMPs will be privately owned and maintained. The bounce in the onsite wetland is shown to increase in the 2-, 10- and 100-year storm events from existing to proposed conditions. Because this wetland extends onto adjacent properties the 100-year high water level (HWL) must be maintained which is not currently being done. Modifications to the stormwater design must be made to maintain the HWL of the wetland to eliminate impact to adjacent properties. EROSION PREVENTION AND SEDIMENT CONTROL The proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction Permit). The applicant has prepared and submitted a Surface Water Pollution Prevention Plan (SWPPP) to the City for review. The SWPPP is a required submittal element for preliminary plat review along with the Erosion and Sediment Control Plan (ESCP) in accordance with Section 19-145 of City Ordinance. No earth disturbing activities may occur until an approved SWPPP is developed. This SWPPP shall be a standalone document consistent with the NPDES Construction Permit and shall contain all required elements the permit. The SWPPP will need to be updated as the plans are finalized, when the contractor and their sub-contractors are identified, and as other conditions change. All erosion control shall be installed and inspected prior to initiation of site grading activities. There is an area on the northeast portion of Lot 1 Block 1 that is being proposed for an outfall pipe to Lotus Lake which will require trenching. The ESCP and tree preservation plans must address this excavation and it’s impacts upon submittal of final plans for review and approval. Enhanced erosion control measures are required when excavating near bodies of waters and must be in accordance with the NPDES General Construction Permit. STREETS The proposed subdivision abuts Fox Hill Drive to the north and Carver Beach Road to the west. Accesses to Lots 1-3 Block 1 of the proposed subdivision are proposed to be had from Fox Hill Drive. As discussed previously under “Drainage and Utility Easements and Public Right-of- Way”of this report, right-of-way was previously proposed to be dedicated between what is now Lot 1 and Lot 2 Block 1 in order to facilitate the connection of a secondary access for the neighborhood. This second connection was intended to extend from Fox Hill Drive to Big Woods Drive and had been planned for since the area began to redevelopment with the Eidsness metes and bounds subdivision to the south in 2005. As the secondary access has been removed from the proposal, the applicant has provided a ghost plat which illustrates the feasibility of the lots to the south to develop. The ghost plat, seen below, would provide street connectivity (a cul- de-sac) and municipal utility connections through a right-of-way extension from Big Woods Blvd. While the ghost plat generally illustrates the feasibility of the development, the secondary connection between Fox Hill Drive and Big Woods would not be had. 305 581 Fox Hill Drive November 14, 2022 Page 7 of 15 In order to provide a secondary connection to the Big Woods neighborhood, as well as the Carver Beach area as a whole, the city must consider a future extension of Carver Beach Road which would extend from Big Woods Boulevard to Bighorn Drive, as seen below. This secondary access would provide Carver Beach street connectivity and improved emergency service access and response time, while also ensuring the cul-de-sac illustrated on the ghost plat is a viable option per current City Ordinances (Section 18-57(k)). 306 581 Fox Hill Drive November 14, 2022 Page 8 of 15 SANITARY SEWER AND WATERMAIN The newly proposed subdivision will have access to adequate public sanitary sewer and water facilities within Fox Hill Drive right-of-way. The plans illustrate tapping two new service lines for both sanitary and water and connecting to one existing service for both sanitary and water that were installed in 1975. Existing services shall be used to the maximum extent practicable to limit the disturbance and impact to Fox Hill Drive. Any existing services connected to shall be verified prior to connection of their serviceability which shall include televising the sanitary stubs to the public main; any existing services not used shall be removed and abandoned accordingly. The applicant previously proposed an approximately 120-foot extension of a municipal water main along the alignment of the previously proposed future street between now Lot 1 and 2 Block 1 which was intended to provide a water loop between Fox Hill Drive and Big Woods Drive. As the street is no longer proposed, the applicant has provided a ghost plat with the most recent submittal showing how the properties to the south would be serviced adequately by municipal water and sanitary services. As such, this water loop is no longer required. STORM WATER MANAGEMENT Article VII, Chapter 19 of City code describes the required storm water management development standards. Section 19-141 states that “these development standards shall be reflected in plans prepared by developers and/or project proposers in the design and layout of site plans, subdivisions and water management features.” These standards include water quality treatment resulting in the removal of 90% total suspended solids (TSS) and 60% total 307 581 Fox Hill Drive November 14, 2022 Page 9 of 15 phosphorous (TP), and runoff rate control for the 2-, 10-, and 100-year storm events. The proposed development is located within the RPBCWD and is therefore subject to the watershed’s rules and regulations. A Stormwater Management Report dated October 21, 2021 (but assumed to be for October 21, 2022 based on date submitted) was submitted by the applicant to the City and provided to the watershed district concurrently as part of the preliminary plat review. Approval from the RPBCWD has not been received for the site. As outlined in the City’s Surface Water Management Plan adopted in December 2018, the City requests regional ponding areas as opposed to individual on-site BMPs. Regional systems are more efficient and are easier to maintain. Due to the large hill onsite, it does not seem feasible to direct drainage from the entire site to one regional BMP. However, it does seem feasible to combine requirements and reduce the number of onsite BMPs to one BMP east of the hill (near Lotus Lake) and one west of the hill (near the onsite wetland). The City explored whether the existing Lotus Lake 1-2-1 stormwater pond could be used to provide water quality treatment for the portion of the site which drains northwest to Carver Beach Road. The site is within RPBCWD and is required to meet all applicable watershed rules which includes volume abstraction of 1.1 inches of runoff from all new or disturbed impervious for redevelopment where over 50% of the project area is being disturbed. RPBCWD does allow for the use of existing regional stormwater management BMPs to meet its rules however Lotus Lake 1-2-1 does not provide the RPBCWD required volume abstraction and couldn’t be used alone to meet RPBCWD’s rules. The applicant shall investigate the potential of a more regional BMP design and submit justification for the final design configuration as part of the final plat submittal. With the currently proposed infiltration BMPs it could not be confirmed whether the volume abstraction (and subsequently the water quality requirements) were being met. Updates to the information in the narrative of the SWMP are needed in order to confirm. A draft geotechnical report was included in the most recent submittal however soil boring logs were only included for three out of the four soil borings taken. The soil boring log for SB-4 should be submitted for review, and the final version of the geotechnical report should be submitted when completed. Based on the three soil borings provided the onsite soils are mostly clay with a sand/silt layer 5- 10 feet below the surface across the site. The applicant is proposing to excavate to the sand/silt layer and backfill with free draining media under the proposed underground infiltration BMPs in order to get better infiltration rates. The applicant shall include justification (geotechnical recommendation, infiltration test results, etc.) for using design infiltration rates which differ from the MCPA’s standard design infiltration rates based on the soil types shown in the soil boring logs. Once infiltration rates are confirmed, water quality modeling will need to be updated to match the determined infiltration rates, and water quality requirements can be confirmed to be met. The applicant shall resubmit updated models in their native form prior to recording the final plat to confirm the City’s water quality rule is met. The Stormwater Management Report and supporting Hydrologic and Hydraulic HydroCAD models were reviewed. Modeling updates are required so the models can be used for rate control and water quality analysis. The proposed design shows areas where stormwater from the development is routed to BMPs, however in several instances the surface routing in unclear. Further work is needed to update the grading plan and/or model so they better match the proposed conditions. Furthermore, the design appears to modify the upstream drainage patterns of the existing lot just south of Lot 1, Block 1. Additional analysis is required to show the proposed design will not negatively impact adjacent properties. The modeling demonstrates that 308 581 Fox Hill Drive November 14, 2022 Page 10 of 15 rate control can be met to all three discharge events for all storm events modeled. HydroCAD modeling will need to be updated to better match the proposed conditions, and all required updates from City and watershed comments. The applicant shall provide updated modeling and SWMP report to confirm rate control requirements are still being met prior to recording the final plat. As noted previously, RPBCWD rules require 1.1 inches of stormwater abstraction for all impervious area (new and existing) for the entire project area when over 50% of the project area is being disturbed. The Volume Required section of the SWMP was not updated so volume abstraction requirements could not be confirmed. The proposed BMPs have a combined volume provided of 1,333 CF. As noted previously, soil borings for SB-1 through SB-3 (SB-4 not submitted) showed the onsite soils are mostly clay with a sand/silt layer 5-10 feet below the surface across the site. To confirm the BMP design an updated geotechnical report is required to show SB-4 and provide justification for infiltration rates at the new location of the infiltration BMP located on Lot 2, Block 2. The applicant is proposing to excavate to the sand/silt layer and backfill with free draining media under the proposed underground infiltration BMPs in order to get better infiltration, however justification for the design infiltration rates is required prior to confirm RPBCWD volume control requirements are being met. As such the applicant shall receive conditional approval from the watershed district prior to final plat submittal to the City. As outlined in the City’s Surface Water Management Plan adopted in December 2018, the City requires at least 3 feet of freeboard between a building elevation and adjacent ponding features. The high-water levels of all proposed BMPs should be noted on the plans, however based on the HydroCAD modeling results it appears all proposed buildings are meeting freeboard requirements with respect to the proposed BMPs. Freeboard requirements were confirmed to be met with respect to the onsite wetland for all existing and proposed adjacent buildings, however the HWL in the wetland is incorrectly noted on the plans and should be updated to match the proposed HydroCAD modeling. All work proposed appears to be outside of the FEMA floodplain and above the Ordinary High Water Level of Lotus Lake, so additional permitting with FEMA and/or the Minnesota Department of Natural Resources is not anticipated to be required. The infiltration BMPs located on each of three lots are to be privately owned and therefore will require an Operations and Maintenance (O&M) Agreement and associated plan. The plan identifies the maintenance schedule, responsible party, and should include information on how the system will be cleaned out including the underground infiltration chambers proposed in the construction plans. The applicant must provide a signed O&M Agreement prior to the initiation of construction activities onsite. STORM WATER UTILITY CONNECTION CHARGES City Ordinance sets out the fees associated with surface water management. A water quality and water quantity fee are collected with a subdivision. These fees are based on land use type and are intended to reflect the fact that the more intense the development type, the greater the degradation of surface water. 309 581 Fox Hill Drive November 14, 2022 Page 11 of 15 This fee will be applied to the new lots of record being created. It is assessed at the rate in effect at that time; the 2022 rate for low-density residential is $8,830.00 per acre of developable land. ASSESSMENTS Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will be assessed at the rate in effect at that time; 2022 rates for partial hookup fees are $691.00 per unit for sanitary sewer and $2,562.00 per unit for water. The remaining partial hookups fees are due with the building permit. FEES Based on the proposal the following fees would be collected with the development contract: a) Administration Fee: if the improvement costs are less than $500,000, 3% of the improvement costs. b) Surface water management fee: $8,830.00/acre of developable land. c) A portion of the water hook-up charge @ $2,562.00/unit. d) A portion of the sanitary sewer hook-up charge @ $691.00/unit. e) Park dedication fee @ $5,800.00/unit. f) GIS fees @ $100 for the plat plus $30 per parcel: $160.00 g) Final plat process (review and recording of Plat and DC): $450.00 LANDSCAPING AND TREE PRESERVATION The parcel is a fully wooded site. The existing trees are a mix of native species collectively known as the Big Woods. A variety of trees including sugar maple, red oak, and butternut cover the entire site with many significant trees throughout the parcel. The parcel has been wooded for many decades as evidenced by the number of large, mature trees and historic aerial photos going back to 1937. Retaining as many trees as possible is important to maintaining the character of the neighborhood with the proposed development. The property has 95% canopy cover currently. Under city code, canopy cover after development needs to be maintained at 55%. The developer is proposing to have 58% canopy cover after development. Tree removal has been clustered in order to preserve as much of the existing canopy as possible with minimal fragmentation. Staff supports the dedication of a Conservation Easement over Outlot A to preserve the existing woods. Canopy coverage and preservation calculations have been submitted for the Fox Hill Drive development. The applicant has calculated the following coverages: Total upland area (excluding wetlands)101,998 SF Total canopy area (excluding wetlands)96,530 SF Baseline canopy coverage 95% Minimum canopy coverage allowed 55% or 56,098 SF Proposed tree preservation 58% or 59,532 SF 310 581 Fox Hill Drive November 14, 2022 Page 12 of 15 The developer meets the minimum canopy cover required for the site and no replacement plantings are required. The developer has proposed one tree to be planted in each front yard. No bufferyard plantings are required on the site. Existing trees on site include butternut trees which are included on the Minnesota State Endangered Species List. The applicant will need to provide an approved permit from the Minnesota Department of Natural Resources before tree removal may occur. COMPREHENSIVE PARK PLAN The City’s Comprehensive Park Plan calls for a neighborhood park to be located within one-half mile of every residence in the city. The proposed Fox Hill Drive subdivision is located within the Carver Beach Park neighborhood park service area. The two Carver Beach parks feature the following amenities: swimming beach, playground, fishing pier, trails, basketball court, ball field, picnic shelter, canoe rack and parking area. 311 581 Fox Hill Drive November 14, 2022 Page 13 of 15 COMPLIANCE TABLE RSF Setbacks: Front: 30 feet, Rear: 30 feet, Side: 10 feet, Lakeshore: 75 feet * Riparian lots must have a minimum area of 20,000 square feet SUBDIVISION - FINDINGS 1.The proposed subdivision is consistent with the zoning ordinance. Finding: The subdivision meets all the requirements of the RSF, Residential Single- Family District and the zoning ordinance. 2.The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the City's Comprehensive Plan. Finding: The proposed subdivision is consistent with the Comprehensive Plan and subdivision ordinance. 3.The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater drainage are suitable for the proposed development. Finding: The proposed site is suitable for development subject to the conditions specified in this report. 4.The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter. Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage. Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate a house pad. 6.The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7.The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a.Lack of adequate stormwater drainage. b.Lack of adequate roads. c.Lack of adequate sanitary sewer systems. d.Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision will have access to public utilities and streets. Lot Area (sq. ft.) Lot Width Lot Depth Code (RSF)15,000/20,000 90 125 Lot 1, Block 1 24,179*200 125 Lot 2, Block 1 19,420 180 125 Lot 3, Block 1 23,978 240 125 Outlot A 23,885 Right-of-Way 28,801 Total 107,379 312 581 Fox Hill Drive November 14, 2022 Page 14 of 15 RECOMMENDATION “The Chanhassen City Council approves the preliminary plat to subdivide 2.47 acres into three lots and one outlot as shown in plans dated October 27, 2022, subject to the following conditions and adoption of the Findings of Fact and decision: SUBDIVISION Engineering: 1.The applicant and their Engineer shall work with City staff in amending the construction plans, dated October 27, 2022 prepared by Seth Loken, PE with Alliant Engineering, to fully satisfy construction plan comments and concerns. Final construction plans will be subject to review and approval by staff prior to recording of the final plat. 2.The applicant shall enter into a Development Contract and pay all applicable fees and securities prior to recording of final plat. 3.It is the applicant’s responsibility to ensure that permits are received from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers, DNR, Carver County, RPBC Watershed District, Board of Water and Soil Resources, etc.). 4.An engineer’s estimate for the cost of public improvements, grading and erosion control practices must be provided prior to approval of the final plat. Water Resources: 1.The applicant shall provide a copy of conditional approval from the RPBCWD as part of the final plat submittal. 2.The applicant shall provide an updated copy of the geotechnical report and infiltration test results as part of the final plat submittal. 3.The applicant shall update the Hydrologic and Hydraulic models per City and watershed district comments and submit updated computations and models in their native forms with the final plat and final construction plans. 4.Updated information on the onsite impervious must be included in the SWMP to confirm volume abstraction requirements are being met as part of the final plat submittal. 5.The applicant shall demonstrate that the proposed project will be in compliance with the 3 foot freeboard requirement to ponding features as part of the final plat submittal. 6.The applicant shall confirm the stormwater routing of the site and include, underground infiltration details, and connections to public infrastructure as part of the final plat submittal if applicable. 7.The applicant shall work with staff to improve the BMP configuration and stormwater design to the maximum extent given the restrictions of the site and RPBCWD rules. 8.The applicant shall enter into an Operations and Maintenance Agreement for any proposed privately owned stormwater facilities which shall be recorded concurrently with the final plat. 9.The applicant shall update the design to reduce the 100-year HWL of the onsite wetland to match or be below the existing 100-year HWL. 313 581 Fox Hill Drive November 14, 2022 Page 15 of 15 Parks: 1.Full Park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a condition of approval for the four lots. The Park fees will be collected in full at the rate in force upon final plat submission and approval. Based upon the current single- family park fee rate of $5,800 per dwelling, the total Park fees for the three new additional homes would be $17,400. Environmental Resources: 1.Any changes in grading limits will require new canopy coverage calculations. 2.A walk through of the tree removal limits with the city forester will be required prior to any clearing activity. 3.Tree protection fencing shall be installed prior to any construction activities and remain in place until construction is complete. 4.Any trees removed that are shown on plans dated as preserved shall be replaced at a rate of 2:1 diameter inches. 5.A Conservation Easement shall be dedicated over Outlot A. 6.The applicant must provide a copy of an approved Permit to Take an Endangered Species for a Development Project from the Minnesota Department of Natural Resources before any tree removal may occur. 7.No grading or tree removal is allowed within any areas shown as tree preservation on pg 13 Tree Canopy Coverage and Restoration Plan, dated 10-27-22. Building: 1.A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. 2.Building permits must be obtained before beginning any construction. 3.Building plans must provide sufficient information to verify that proposed buildings meet all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review. 4.Retaining walls (if present) more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction, retaining walls under four feet in height require a zoning permit. ATTACHMENTS 1. Planning Commission Staff Report dated September 20, 2022 2. Minutes from September 20, 2022 PC Meeting 3. Plans dated October 27, 2022 4. Letter from Maria and Andy Awes dated October 28, 2022 5. Letter from Connie Cervilla dated October 6, 2022 6. Letter from Elizabeth and Matthew Kohane dated November 4, 2022 g:\plan\2022 planning cases\22-10 581 fox hill dr pp and fp\staff report-cc 11-14.doc 314 Planning Commission Item September 20, 2022 Item 581 Fox Hill Drive: Reconsider a Request for Approval for Subdivision of 2.47 Acres into Four Lots and One Outlot with Variances File No.Planning Case No. 2022-10 Item No: B.1 Agenda Section PUBLIC HEARINGS Prepared By Sharmeen Al-Jaff, Senior Planner Applicant Chad Mayes Denali Custom Homes 18352 Minnetonka Blvd. Wayzata, MN 55391 Present Zoning Single Family Residential District (RSF) Land Use Residential Low Density Acerage 2.47 Density 1.6 units per acre Applicable Regulations Chapter 18, Subdivisions Sec. 18-22. - Variances Sec. 18-57. - Streets (a) Sec. 18-60. - Lots(f) Chapter 20, Article XII, RSF District SUGGESTED ACTION “The Chanhassen Planning Commission recommends approval of the preliminary plat to subdivide 2.47 acres into four lots and one outlot and a variance to allow a 50-foot public right-of-way (ROW) as shown in plans Received September 1, 2022, subject to the conditions of approval and adopts the Findings of Fact and Recommendation.” SUMMARY 3315 The applicant is requesting to subdivide 2.47 acres into four lots and one outlot for single-family detached housing. The property is located at the southeast intersection of Carver Beach Road and Fox Hill Drive and west of Lotus Lake. Access to the site is proposed via Fox Hill Drive. The applicant is dedicating the right-of-way (ROW) for Lotus Woods Drive to facilitate the connection to Big Woods Boulevard. The City Code requires a 60-foot ROW width. All connecting streets in the immediate vicinity range between 40 and 50 feet in width. Staff directed the applicant to dedicate a 50- foot-wide ROW. This will require a variance and is addressed in more detail later in the report. BACKGROUND On July 19, 2022, the Planning Commission reviewed and tabled action on this application. The applicant was directed to evaluate options to reduce the tree removal. Revised plans show an increase of tree preservation from 35% to 38%. The installation of storm sewer to wetland 1 has been removed to increase tree preservation. Redesign of underground stormwater retention to meet stormwater requirements while reducing tree removal. DISCUSSION See attached staff report. RECOMMENDATION “The Chanhassen Planning Commission recommends approval of the preliminary plat to subdivide 2.47 acres into four lots and one outlot and a variance to allow a 50-foot public Right-of-Way (ROW) as shown in plans, Received September 1, 2022, subject to the conditions of approval and adopts the Findings of Fact and Recommendation.” ATTACHMENTS Staff Report Findings of Fact Development Review Application Fox Hill Drive Preliminary Plat dated September 1, 2022 Affidavit of Mailing Public Hearing Notice to Villager Email Comment - Johansson Letter from Maria and Andy Awes dated September 1, 2022 Fox Hill Drive Response to Comments(1) Fox Hill Drive Response to Comments (2) Planning Commission Minutes Fox Hill Drive dated July 19, 2022 Letter from Cervilla & Lang 4316 CITY OF CHANHASSEN PC DATE:July 19, 2022 September 20, 2022 CC DATE:August 8, 2022 REVIEW DEADLINE: October 10, 2022 CASE #: 2022-10 BY: SJ, ET, EH, JR, JS, JS SUMMARY OF REQUEST: Subdivision of 2.47 acres into four lots and a variance to allow a 50-foot ROW. This application was tabled at the July 19, 2022 Planning Commission meeting. This staff report reflects the revised plans. LOCATION:South of Fox Hill Drive, west of Lotus Lake and east of Carver Beach Road APPLICANT: Denali Custom Homes OWNER: Fox Hill Properties, LLC Chad Mayes Andy Awes 18352 Minnetonka Boulevard 14530 Martin Drive, Suite 120 Wayzata, MN 55391 Eden Prairie, MN 55344 chad@denalicustomhomes.com andy@committeefilms.com 612-282-0918 612-396-6478 PRESENT ZONING: Single Family Residential District (RSF) 2040 LAND USE PLAN: Residential Low Density (1.2 – 4.0 units/net acre) ACREAGE:2.47 acres DENSITY: 1.6 units per acre LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City’s discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City’s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Subdivision Ordinances for variances. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. PROPOSED MOTION: “The Chanhassen Planning Commission recommends approval of the preliminary plat to subdivide 2.47 acres into four lots and one outlot and a variance to allow a 50-foot public right-of- way (ROW) as shown in plans, Received September 1, 2022, subject to the conditions of approval and adopts the Findings of Fact and Recommendation.” 5317 581 Fox Hill Drive September 20, 2022 Page 2 of 16 Notice of this public hearing has been mailed to all property owners within 500 feet. APPLICABLE REGULATIONS Chapter 18, Subdivisions Sec. 18-22. - Variances Sec. 18-57. - Streets (a) Sec. 18-60. - Lots(f) Chapter 20, Article XII, RSF District PROPOSAL/SUMMARY The applicant is requesting to subdivide 2.47 acres into four lots and one outlot for single-family detached housing. The property is located at the southeast intersection of Carver Beach Road and Fox Hill Drive and west of Lotus Lake. Access to the site is proposed via Fox Hill Drive. The applicant is dedicating the ROW for Lotus Woods Drive to facilitate the connection to Big Woods Boulevard. The City Code requires a 60-foot ROW width. All connecting streets in the immediate vicinity range between 40 and 50 feet in width. Staff directed the applicant to dedicate a 50-foot-wide ROW. This will require a variance and is addressed in more detail later in the report. Sewer and water are available to the site. The property is zoned Single Family Residential (RSF). 6318 581 Fox Hill Drive September 20, 2022 Page 3 of 16 SUBDIVISION The applicant is proposing to subdivide 2.47 acres into four lots and one outlot. The lots are proposed to be served via Fox Hill Drive. The applicant is proposing to dedicate the ROW for the future extension of the Lotus Woods Drive which will connect Fox Hill Drive with Big Woods Boulevard. There is a variance attached to the application that deals with the width of the ROW. This variance will be discussed in detail later in the report. All of the proposed lots meet the minimum area, width and depth requirements of the Zoning Ordinance. Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent with the Zoning Ordinance. DRAINAGE AND UTILITY EASEMENTS AND RIGHT-OF-WAY The preliminary plat provided illustrates mostly typical public drainage and utility easements (DUE) along the proposed subdivision’s lot lines with five-foot DUE along the side and rear lot lines and a 10-foot DUE along the front lot lines. Additional DUE is being proposed along Block 1 Lot 1 along the shoreline of Lotus Lake and Block 2 Lot 1, Lot 2 and Lot 3 which encompass a wetland along with private stormwater BMPs. Private stormwater BMPs to serve the needs of the development must be wholly located outside of all public easements upon submittal of the final plat. This can be accomplished by either relocating the BMPs or adjusting the public DUE. The applicant is proposing to dedicate 10 feet of right-of-way to provide for a 50-foot right-of- way width along Fox Hill Drive, 30 feet of right-of-of way to provide for a 50-foot width along Carver Beach Road, as well as a 50-foot right-of-way bisecting Block 1 Lot 1 and Block 2 Lot 1 to provide connectivity to the south for when the area further subdivides. The newly dedicated 50-foot right-of-way intersecting with Fox Hill Drive will eventually provide a needed secondary access to the area and will connect Fox Hill Drive to Big Woods Drive; the Lotus Woods subdivision to the south, recorded in 2020, provided the right-of-way connection off Big Woods Drive. While these widths are not the City’s current standard for right-of-way widths (60 feet), the dedications are consistent with the surrounding neighborhood. EXISTING CONDITIONS SURVEY The applicant provided an existing condition survey dated July 16, 2021. The existing condition survey describes an easement granted to the Northern States Power Company from July 22, 1941. Based on the location of the overhead power from the survey it would appear the easement may be located within right-of-way to be dedicated with the final plat. Any underlying easements within public easements, including public right-of-way, must be vacated or released prior to recording of the final plat. 7319 581 Fox Hill Drive September 20, 2022 Page 4 of 16 WETLANDS The proposed plans show one wetland onsite that was delineated by Kjolhaug Environmental Services on November 23, 2020. The report included a MNRAM assessment. The wetland was classified as a high value wetland (manage type 1) with a minimum buffer width requirement of 20 feet and an average width of 40 feet as outlined by Riley Purgatory Bluff Creek Watershed District (RPBCWD) rules. City Ordinance requires a 25-foot buffer and 30 feet principal structure setback from wetland buffers. The construction plans dated September 1, 2022 show wetland buffers and setbacks that are consistent with Article VI, Chapter 20 of City Ordinance - Wetland Protection and appears to meet watershed buffer requirements. GRADING The site’s existing and proposed grades generally slope down both east and west from a high point located near the center of the property. The developer is proposing to mass grade a majority of the site in order to construct the public street, house pads and stormwater management areas. The preliminary grading plans dated September 1, 2022 submitted for the preliminary plat review appear to be in compliance with Section 7-19 and 18-40 of City Ordinance; requirements of these sections include separation from low floor elevations of the proposed homes to the highest known groundwater elevations, ensuring lowest building openings have enough freeboard from any emergency overflows adjacent to the homes, ensuring driveway grades are within limits set by Ordinance (0.5%-10%), ensuring drainage will be routed away from building pads, illustrating adequate erosion control measures are planned for, etc. DRAINAGE In the existing condition there is a large drainage break along a hill located near the center of the project area which directs water either east or west. Stormwater runoff flows to one of three discharge points, east to Lotus Lake, northwest to Carver Beach Road or to the onsite wetland on the west side of the site. Offsite drainage from the private parcel south of the development also drains to the wetland onsite and was included in the hydraulic analysis. The wetland onsite does not have a structural outlet in the existing condition but overtops a natural spillway outlet and 8320 581 Fox Hill Drive September 20, 2022 Page 5 of 16 drains northwest to Carver Beach Road when inundated. Drainage to Carver Beach Road is picked up by catch basins in the northwest corner of the intersection of Carver Beach Road and Fox Hill Drive and drains to existing stormwater pond Lotus Lake 1-2-1. The proposed condition largely maintains the existing drainage patterns, continuing to drain to the same three discharge points. The proposed design uses surface grading to convey runoff to one of four privately owned best management practices (BMPs) which treat the stormwater before it discharges to one of the three discharge points. The proposed BMPs include four underground infiltration systems on the four separate lots. Drainage from the proposed future road which separates Blocks 1 and 2 is proposed to be routed to the underground infiltration system on Block 1 Lot 1 for treatment. An outlet for the wetland is proposed to be directed to the underground infiltration system on Block 2 Lot 1, with a natural spillway acting as the emergency overflow and continuing to drain northwest to Carver Beach Road. The proposed design shows the private system outlet directly behind the back of curb on public drainage and utility easement located at the southeast corner of Block 2, Lot 3. Stormwater from this outlet would discharge across the roadway where it would be eventually picked up by public infrastructure located on the west side of Carver Beach Road. This configuration creates safety and City maintenance concerns, and as such shall be redesigned. The applicant shall extend the public storm sewer system across Carver Beach Road to connect the private system. Piped outlets for the proposed BMPs are directed to one of the three discharge points. The final design will likely require connections to public stormwater infrastructure along Carver Beach Road. The proposed design appears to mix private and future public stormwater associated with the future public road. The mixing of public and private stormwater systems creates difficulties with operation and maintenance. As such the system shall be reconfigured to separate the public and private stormwater BMPs. The public BMP must be sized to treat all stormwater form the future roadway. As such, the applicant shall provide updated drainage computations and figures as required. Furthermore, because the drainage system on the east side of the development takes on public stormwater the downstream conveyance system must be made public to allow the City to maintain its stormwater infrastructure. The final design shall be updated to show the public portions of the stormwater system is located within drainage and utility easement. 9321 581 Fox Hill Drive September 20, 2022 Page 6 of 16 The bounce in the onsite wetland is unchanged or slightly decreases for the 2-, 10- and 100-year storm events from existing to proposed conditions. Because this wetland extends onto adjacent properties the 100-year HWL must be maintained which has been confirmed by the modeling. EROSION PREVENTION AND SEDIMENT CONTROL The proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction Permit). The applicant has prepared and submitted a Surface Water Pollution Prevention Plan (SWPPP) to the City for review. The SWPPP is a required submittal element for preliminary plat review along with the Erosion and Sediment Control Plan in accordance with Section 19-145 of City Ordinance. No earth disturbing activities may occur until an approved SWPPP is developed. This SWPPP shall be a standalone document consistent with the NPDES Construction Permit and shall contain all required elements the permit. The SWPPP will need to be updated as the plans are finalized, when the contractor and their sub-contractors are identified and as other conditions change. All erosion control shall be installed and inspected prior to initiation of site grading activities. There is an area on the northeast portion of Block 1 Lot 1 that is being proposed for an outfall pipe to Lotus Lake which will requiring trenching. The ESCP and tree preservation plans must address this excavation and it’s impacts upon submittal of final plans for review and approval. Enhanced erosion control measures are required when excavating near bodies of waters and must be in accordance with the NPDES General Construction Permit. STREETS The proposed subdivision abuts Fox Hill Drive to the north and Carver Beach Road to the west. Access to Block 1 Lot 1 and Block 2 Lots 1-3 of the proposed subdivision are proposed to be had from Fox Hill Drive. As discussed previously under “Drainage and Utility Easements and Public Right-of-Way”of this report, right-of-way is being dedicated to facilitate the connection of a secondary access for the neighborhood which will extend from Fox Hill Drive to Big Woods Drive. The applicant is proposing to construct the street to the maximum extent practicable within the newly dedicated right-of-way. Construction of a future street at this time is preferred when feasible rather than accepting an escrow for its future construction due to the difficulty and variability in projecting the appropriate amount to escrow as it is typically unknown when future street connections will be constructed. In order to ensure that the alignment and grades of the proposed street will be conducive to the future connection to Big Woods Drive the applicant shall provide exhibits illustrating the alignment, profile, and grades upon submittal of final construction plans and must approved prior to recording of final plat. SANITARY SEWER AND WATERMAIN The newly proposed subdivision will have access to adequate public sanitary sewer and water facilities within Fox Hill Drive right-of-way. The plans illustrate tapping two new service lines for both sanitary and water and connecting to two existing services for both sanitary and water 10322 581 Fox Hill Drive September 20, 2022 Page 7 of 16 that were installed in 1975. Any existing services proposed to be connected to shall be verified prior to connection of their serviceability such as televising the sanitary stubs to the public main; any existing services not used shall be removed and abandoned accordingly. The applicant is proposing an approximately 120-foot extension of a municipal water main along the alignment of the future street which will eventually connect Fox Hill Drive and Big Woods Drive. This extension is necessary to create a water main loop to the area which will provide better serviceability, water quality, and available flows during firefighting operations. The proposed alignment of the extended municipal main is in general conformance with City Standards and Specifications. All newly installed public utilities will be required to adhere to the City of Chanhassen’s Standard Specifications and Detail Plates, which will be the governing specifications for said improvements. Upon acceptance by City Council the water mains will become publicly owned and maintained. A municipal sanitary sewer extension is not required. STORM WATER MANAGEMENT Article VII, Chapter 19 of City Code describes the required storm water management development standards. Section 19-141 states that “these development standards shall be reflected in plans prepared by developers and/or project proposers in the design and layout of site plans, subdivisions and water management features.” These standards include water quality treatment resulting in the removal of 90% total suspended solids (TSS) and 60% total phosphorous (TP), and runoff rate control for the 2-, 10-, and 100-year storm events. The proposed development is located within the RPBCWD and is therefore subject to the watershed’s rules and regulations. A Stormwater Management Report dated August 15, 2021 (but assumed to be for August 15, 2022 based on date submitted) was submitted by the applicant to the City and provided to the watershed district concurrently as part of the preliminary plat review. Approval from the RPBCWD has not been received for the site. As outlined in the City’s Surface Water Management Plan adopted in December 2018, the City requests regional ponding areas as opposed to individual on-site BMPs. Regional systems are more efficient and are easier to maintain. Due to the large hill onsite it does not seem feasible to direct drainage from the entire site to one regional BMP. However, it does seem feasible to combine requirements and reduce the number of onsite BMPs to one BMP east of the hill (near Lotus Lake) and one west of the hill (near the onsite wetland). The City explored whether the existing Lotus Lake 1-2-1 stormwater pond could be used to provide water quality treatment for the portion of the site which drains northwest to Carver Beach Road. The site is within RPBCWD and is required to meet all applicable watershed rules which includes volume abstraction of 1.1 inches of runoff from all new or disturbed impervious for redevelopment where over 50% of the project area is being disturbed. RPBCWD does allow for the use of existing regional stormwater management BMPs to meet its rules however Lotus Lake 1-2-1 does not provide the RPBCWD required volume abstraction and couldn’t be used alone to meet RPBCWD’s rules. The applicant shall investigate the potential of a more regional BMP design and submit justification for the final design configuration as part of the final plat submittal. With the currently proposed infiltration BMPs the water quality rules appear to be met since the volume abstraction requirement is met. A draft geotechnical report was included in the most recent submittal however soil boring logs were only included for three out of the four soil borings taken. The soil boring log for SB-4 should be submitted for review, and the final version 11323 581 Fox Hill Drive September 20, 2022 Page 8 of 16 of the geotechnical report should be submitted when completed. Based on the three soil borings provided the onsite soils are mostly clay with a sand/silt layer 5-10 feet below the surface across the site. The applicant is proposing to excavate to the sand/silt layer and backfill with free draining media under the proposed underground infiltration BMPs in order to get better infiltration. The applicant shall include justification (geotechnical recommendation, infiltration test results, etc.) for using design infiltration rates which differ from the MCPA’s standard design infiltration rates based on the soil types shown in the soil boring logs. Once infiltration rates are confirmed, water quality modeling will need to be updated to match the determined infiltration rates, and water quality requirements should be confirmed to still be met. The applicant shall resubmit updated models in their native form prior to recording the final plat to confirm the City’s water quality rule is met. The Stormwater Management Report and supporting Hydrologic and Hydraulic HydroCAD models were reviewed. Modeling updates are required so the models can be used for rate control and water quality analysis. The proposed design shows areas where stormwater from the development is routed to BMPs, however in several instances the surface routing in unclear. Further work is needed to update the grading plan and/or model so they better match the proposed conditions. Furthermore, the design appears to modify the upstream drainage patterns of the existing lot just south of Block 1, Lot 1. Additional analysis is required to show the proposed design will not adversely change drainage of adjacent properties. The modeling demonstrates that rate control can be met to all three discharge events for all storm event modeled. HydroCAD modeling will need to be updated to better match the proposed conditions, and all required updates from City and watershed comments. If the infiltration rates for the different BMPs are modified to confirm rate control requirements are still being met prior to recording the final plat. As noted previously, RPBCWD rules require 1.1 inches of stormwater abstraction for all impervious area (new and existing) for the entire project area when over 50% of the project area is being disturbed. The proposed condition has an impervious area of 0.50 acres requiring approximately 2,200 CF of abstraction. The proposed BMPs have a combined volume provided of 2,331 CF exceeding the RPBCWD required volume. As noted previously, soil borings for SB- 1 through SB-3 (SB-4 not submitted) showed the onsite soils are mostly clay with a sand/silt layer 5-10 feet below the surface across the site. To confirm the BMP design an updated geotechnical report is required to show SB-4 and provide justification for infiltration rates at the new location of the infiltration BMP located on Block 2, Lot 2. The applicant is proposing to excavate to the sand/silt layer and backfill with free draining media under the proposed underground infiltration BMPs in order to get better infiltration, however justification for the design infiltration rates is required prior to confirm RPBCWD volume control requirements are being met. As such the applicant shall receive conditional approval from the watershed district prior to final plat submittal to the City. As outlined in the City’s Surface Water Management Plan adopted in December 2018, the City requires at least 3 feet of freeboard between a building elevation and adjacent ponding features. The high-water levels of all proposed BMPs should be noted on the plans, however based on the HydroCAD modeling results it appears all proposed buildings are meeting freeboard requirements with respect to the proposed BMPs. Freeboard requirements were confirmed to be met with respect to the onsite wetland for all existing and proposed adjacent buildings. 12324 581 Fox Hill Drive September 20, 2022 Page 9 of 16 All work proposed appears to be outside of the FEMA floodplain and above the Ordinary High Water Level of Lotus Lake, so additional permitting with FEMA and/or the Minnesota Department of Natural Resources is not anticipated to be required. The infiltration BMPs located on each of four lots are to be privately owned and therefore will require an Operations and Maintenance (O&M) Agreement and associated plan. The plan identifies the maintenance schedule, responsible party, and should include information on how the system will be cleaned out including the underground infiltration chambers proposed in the construction plans. The applicant must provide a signed O&M Agreement prior to the initiation of construction activities onsite. It is recommended that an HOA is created to streamline the operation and maintenance of the separate BMP systems to reduce risk and responsibility for future homeowners. STORM WATER UTILITY CONNECTION CHARGES City Ordinance sets out the fees associated with surface water management. A water quality and water quantity fee are collected with a subdivision. These fees are based on land use type and are intended to reflect the fact that the more intense the development type, the greater the degradation of surface water. This fee will be applied to the new lots of record being created. It is assessed at the rate in effect at that time; the 2022 rate for low-density residential is $8,830.00 per acre of developable land. ASSESSMENTS Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will be assessed at the rate in effect at that time; 2022 rates for partial hookup fees are $691.00 per unit for sanitary sewer and $2,562.00 per unit for water. The remaining partial hookups fees are due with the building permit. FEES Based on the proposal the following fees would be collected with the development contract: a) Administration Fee: if the improvement costs are less than $500,000, 3% of the improvement costs. b) Surface water management fee: $8,830.00/acre of developable land. c) A portion of the water hook-up charge @ $2,562.00/unit. d) A portion of the sanitary sewer hook-up charge @ $691.00/unit. e) Park dedication fee @ $5,800.00/unit. f) GIS fees @ $100 for the plat plus $30 per parcel: $160.00 g) Final plat process (review and recording of Plat and DC): $450.00 LANDSCAPING AND TREE PRESERVATION The parcel is a fully wooded site. The existing trees are a mix of native species collectively known as the Big Woods. A variety of trees including sugar maple, red oak, and butternut cover the entire site with many significant trees throughout the parcel. The parcel has been wooded for 13325 581 Fox Hill Drive September 20, 2022 Page 10 of 16 many decades as evidenced by the number of large, mature trees and historic aerial photos going back to 1937. Retaining as many trees as possible is important to maintaining the character of the neighborhood with the proposed development. The proposed subdivision is low-density residential and allowed by city code to remove 45% of the trees without penalty. The applicant is proposing to remove 60%57% of the trees on the site to build four homes. Tree preservation on lots 1-3, Block 2 has been maximized and the robust tree preservation around the wetland on lots 2 and 3 and will contribute to a continued wooded feel to the neighborhood. This area is proposed for a Conservation Easement and preserves a significant amount of wooded area. Average tree removal on three lots in Block 2 is around 10,000 sq. ft. and shows grading limits at the tightest extent necessary to construct the homes and stormwater management systems.Some additional tree removal is being proposed for a rain garden on lot 3. Three of the lots are employing underground runoff storage tanks, but on lot 2 a section of trees is proposed to be cleared to create an infiltration basin near the wetland. Trees provide a reduction in stormwater runoff and should not be cleared for a rain garden. Additionally, the area cleared for the infiltration basin further fragments the wooded area which increases environmental stresses on surrounding trees and reduces the wildlife benefits of the wooded buffer area. To preserve the trees and the remaining character of the site, staff recommends that an underground stormwater feature or infiltration basin be proposed in the side or rear yard of lot 2 at the edge of the wooded area and the wooded wetland buffer area be preserved mostly intact and covered with a Conservation Easement. Previous developments in the area have dedicated portions of the existing Big Woods forest type under Conservation Easements. The neighboring Big Woods and Eidsness developments to the south have Conservation Easements on all of the lots. This development would be consistent with dedicating a Conservation Easement over the wooded areas on lots 1 and 2 2 and 3,Block 2. Canopy coverage and preservation calculations have been submitted for the Fox Hill Drive development. The applicant has calculated the following coverages: Total upland area (excluding wetlands)101,998 SF Total canopy area (excluding wetlands)96,530 SF Baseline canopy coverage 95% Minimum canopy coverage allowed 55% or 56,098 SF Proposed tree preservation 35% or 35,699 SF 38% or 38,517 SF The developer does not meet the minimum canopy coverage allowed, therefore the difference between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage 20,429 17,582 SF Multiplier 1.2 Total replacement 24,514 21,098 SF Total number of trees to be planted 22 19 trees The total number of trees required for the development is 22 19. The applicant has proposed a total of 17 19 overstory trees and 9 8 ornamental trees. The applicant meets diversity requirements, however staff recommends that the Autumn Blaze maple be changed to a sugar maple variety. No bufferyard plantings are required on the site. There is additional tree removal on the site that is not reflected in the tree removal plans or calculations. The installation of the discharge pipe into Lotus Lake and the connection of the 14326 581 Fox Hill Drive September 20, 2022 Page 11 of 16 infiltration basin on lot 2 to the wetland and the home site will require tree removal. This is not shown on the tree removal plans. The applicant shall revise the tree removal plans and calculations to reflect the actual tree removal needed on site. Existing trees on site include butternut trees which are included on the Minnesota State Endangered Species List. The applicant will need to provide an approved permit from the Minnesota Department of Natural Resources before tree removal may occur. COMPREHENSIVE PARK PLAN The City’s Comprehensive Park Plan calls for a neighborhood park to be located within one-half mile of every residence in the city. The proposed Fox Hill Drive subdivision is located within the Carver Beach Park neighborhood park service area. The two Carver Beach parks feature the following amenities: swimming beach, playground, fishing pier, trails, basketball court, ball field, picnic shelter, canoe rack and parking area. 15327 581 Fox Hill Drive September 20, 2022 Page 12 of 16 COMPLIANCE TABLE RSF Setbacks: Front: 30 feet, Side: 10 feet * Riparian lots must have a minimum area of 20,000 square feet VARIANCE City Code requires a 60-foot ROW. The surrounding area and the ROW within the Carver Beach area is between 40 and 50 feet wide. Approval of the variance will allow the street to blend in with the surrounding neighborhood. This street will provide future access to the property located south of the subject site. SUBDIVISION - FINDINGS 1.The proposed subdivision is consistent with the zoning ordinance. Finding: The subdivision meets all the requirements of the RSF, Residential Single- Family District and the zoning ordinance. 2.The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the City's Comprehensive Plan. Finding: The proposed subdivision is consistent with the Comprehensive Plan and subdivision ordinance. 3.The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater drainage are suitable for the proposed development. Finding: The proposed site is suitable for development subject to the conditions specified in this report. 4.The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter. Finding: The proposed subdivision is served by adequate urban infrastructure. Lot Area (sq. ft.) Lot Width Lot Depth Code (RSF)15,000/20,000 90 125 Lot 1, Block 1 28,801*114.78 244.29 Lot 1, Block 2 15,037 114 131 Lot 2, Block 2 22,622 238.91 137.37 Lot 3, Block 2 17,729 115.77 183 Outlot A 6,157 Right-of-Way 15,876 Total 107,379 16328 581 Fox Hill Drive September 20, 2022 Page 13 of 16 5. The proposed subdivision will not cause environmental damage. Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate a house pad. 6.The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7.The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a.Lack of adequate stormwater drainage. b.Lack of adequate roads. c.Lack of adequate sanitary sewer systems. d.Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision will have access to public utilities and streets. VARIANCE - FINDINGS As part of this request, a variance to allow a 50-foot-wide ROW is requested. The City Council may grant a variance from the regulations contained in the subdivision chapter as part of a subdivision approval process following a finding that all of the following conditions exist: 1.The hardship is not a mere inconvenience. 2.The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land. 3.The condition or conditions upon which the request is based are unique and not generally applicable to other property. 4.The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and Comprehensive Plan. Finding: Staff recommends the variances be approved as shown in plans received September 1, 2022, for the 50-foot-wide right-of-way to allow the street to blend in with the surrounding neighborhood. RECOMMENDATION “The Chanhassen Planning Commission recommends approval of the preliminary plat to subdivide 2.47 acres into four lots and one outlot and a variance to allow a 50-foot public right-of- way as shown in plans Received September 1, 2022, subject to the following conditions and adoption of the Findings of Fact and Recommendation: 17329 581 Fox Hill Drive September 20, 2022 Page 14 of 16 SUBDIVISION ENGINEERING RECOMMENDATIONS: 1.Any underlying easements within public easements, including public right-of-way, must be vacated or released prior to recording of the final plat. 2.The applicant shall provide exhibits illustrating the alignment, profile, and grades of the proposed street design from Fox Hill Drive to the future connection at Big Woods Drive upon submittal of final plat. 3.The applicant and their Engineer shall work with City staff in amending the construction plans, dated September 1, 2022 prepared by Seth Loken, PE with Alliant Engineering to fully satisfy construction plan comments and concerns. Final construction plans will be subject to review and approval by staff prior to commencement of any construction activities. 4.The applicant shall enter into a Development Contract and pay all applicable fees and securities prior to recording of final plat. WATER RESOURCES RECOMMENDATIONS: 1.Private stormwater BMPs to serve the needs of the development must be wholly located outside of all public easements upon submittal of the final plat. 2.Public stormwater infrastructure must be located wholly within drainage and utility easements or public right of way upon submittal of the final plat. 3.The applicant shall provide a copy of conditional approval from the RPBCWD as part of the final plat submittal. 4.The applicant shall provide an updated copy of the geotechnical report and infiltration test results as part of the final plat submittal. 5.The applicant must update the Hydrologic and Hydraulic models per City and watershed district comments and submit updated computations and models in their native forms with the final plat and final construction plans. 6.The applicant must demonstrate that the proposed project will be in compliance with the 3-foot freeboard requirement to ponding features as part of the final plat submittal. 7.The applicant must confirm the stormwater routing of the site and include, underground infiltration details, and connections to public infrastructure as part of the final plat submittal. 8.The applicant must work with staff to improve the BMP configuration and stormwater design to the maximum extent given the restrictions of the site and RPBCWD rules. 9.The applicant shall enter into an Operations and Maintenance Agreement for any proposed privately owned stormwater facilities which shall be recorded concurrently with the final plat. 18330 581 Fox Hill Drive September 20, 2022 Page 15 of 16 Parks: 1.Full Park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a condition of approval for the four lots. The Park fees will be collected in full at the rate in force upon final plat submission and approval. Based upon the current single- family park fee rate of $5,800 per dwelling, the total Park fees for the three new additional homes would be $17,400. Environmental Resources: 1.Tree protection fencing shall be installed prior to any construction activities and remain in place until construction is complete. 2.Any trees removed that are shown on plans dated as preserved shall be replaced at a rate of 2:1 diameter inches. 3.A Conservation Easement shall be dedicated over the wooded side yards on Lots 2 and 3 1 and 2, Block 2. 4.The applicant will relocate the infiltration basin to the edge of the wooded area on Lot 2 and eliminate the fragmentation of the wooded wetland buffer. 5.The applicant shall revise the tree removal plans and calculations to show tree removal for all stormwater infrastructure and utilities needed on site. 6.The applicant must provide a copy of an approved Permit to Take an Endangered Species for a Development Project from the Minnesota Department of Natural Resources before any tree removal may occur. 7.No grading is allowed within any areas shown as tree preservation on pg 13 Tree Canopy Coverage and Restoration Plan, dated 9-1-22. Building: 1.A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. 2.Building permits must be obtained before beginning any construction. 3.Building plans must provide sufficient information to verify that proposed buildings meet all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review 4.Retaining walls (if present) more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction, retaining walls under four feet in height require a zoning permit. ATTACHMENTS 1. Findings of Fact and Recommendation 2. Development Review Application 3. Preliminary Plat Received September 1, 2022 4. Affidavit of Mailing 5. Public Hearing Notice to Villager 6. E-mail from Bruce Johansson received July 11, 2022 7. Letter from Maria and Andy Awes dated September 12, 2022 19331 581 Fox Hill Drive September 20, 2022 Page 16 of 16 8. Fox Hill Drive Response to Comments (1) 9. Fox Hill Drive Response to Comments (2) 10. Minutes from July 19, 2022 PC Meeting g:\plan\2022 planning cases\22-10 581 fox hill dr pp and fp\staff report.doc 20332 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE:Application of Denali Custom Homes for a Four Lot Subdivision with a Right-of-Way Width Variance, Planning Case 22-10 On July 19, 2022 and September 20, 2022, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application to subdivide 2.47 acres into four single- family lots and one outlot and a variance to allow a 50-foot public right-of-way. The Planning Commission conducted a public hearing on the proposed development which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak now makes the following: FINDINGS OF FACT 1.The property is currently zoned RSF, Single-Family Residential. 2.The property is guided in the Land Use Plan for Residential – Low Density (1.2 – 4.0 units per net acre). 3.The legal description of the property is attached as Exhibit A. 4.The Subdivision Ordinance directs the City Council to consider seven possible adverse effects of the proposed subdivision. The seven (7) effects and our findings regarding them are: a)The proposed subdivision is consistent with the zoning ordinance; b)The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the City's Comprehensive Plan; c)The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater drainage are suitable for the proposed development; d)The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; e)The proposed subdivision will not cause environmental damage; f)The proposed subdivision will not conflict with easements of record; and 21333 g)The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1.Lack of adequate stormwater drainage. 2.Lack of adequate roads. 3.Lack of adequate sanitary sewer systems. 4.Lack of adequate off-site public improvements or support systems. 5.Variances. The City Council may grant a variance from the regulations contained in this chapter as part of the plat approval process following a finding that all of the following conditions exist: a)The hardship is not a mere inconvenience. b)The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. c)The conditions upon which the request is based are unique and not generally applicable to other property. d)The granting of the variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the Zoning Ordinance and Comprehensive Plan. The planning report Planning Case 2022-10, dated September 20, 2022, prepared by Sharmeen Al-Jaff, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the proposed development including a Subdivision of 2.47 acres into four lots and one outlot and a variance to allow a 50-foot public right-of-way. ADOPTED by the Chanhassen Planning Commission this 20th day of September 2022. CHANHASSEN PLANNING COMMISSION BY:___________________________________ Mark von Oven, Chairman g:\plan\2022 planning cases\22-10 581 fox hill dr pp and fp\revised plans 9.1.22\findings of fact.doc 22334 EXHIBIT A Legal Description: The Land is described as follows: That part of Government Lot 8 in Section 1, Township 116, Range 23, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 121.029 feet Southeasterly from the point of intersection of the center line of said Lakeview Drive with the center line of Fern Road; thence Southeasterly along the center line of said Lakeview Drive 25 feet; thence North 75 degrees 07 minutes East to the high water mark of Long Lake (also known as Lotus Lake); thence Northerly along the high water mark of said lake 25 feet, more or less, to its intersection with a line bearing North 75 degrees 07 minutes East from the point of beginning; thence South 75 degrees 07 minutes West 866.5 feet, more or less, to point of beginning. Above mentioned Lakeview Drive and Fern Road being shown on the plat of CARVER-BEACH, according to the recorded plat thereof. Subject to an easement granted to the Northern States Power Company July 22nd, 1941. and Beginning at a point in the center line of Lakeview Drive, distant 20.172 feet on a bearing of South 22 degrees 21 minutes 40 seconds East from the point formed by the intersection of said Lakeview Drive and Fern Road as shown on the map entitled CARVER-BEACH, according to the recorded plat thereof; and running from thence along the Southerly line of Fern Road on a bearing of North 75 degrees 07 minutes 00 seconds East, a distance of 880 plus or minus feet to the high water mark of Long Lake; thence in a Southerly direction along the high water mark of said Long Lake 100 plus or minus feet to a point 100 feet at right angles to the first course, when said course is projected; thence on a course of South 75 degrees 07 minutes 00 seconds West a distance of 873 feet plus or minus, to a point in the center line of Lakeview Drive, distant 121.029 feet in a Northwesterly direction from the intersection of Lakeview Drive and Fern Road; thence along the center line of Lakeview Drive on a course of North 22 degrees 21 minutes 40 seconds West a distance of 100.857 feet to the point of beginning. Torrens Property - Certificate of Title No. 34797.0 Address:581 Fox Hill Dr., Chanhassen, MN PID & Acreage:250010200, 2.47 Acres 23335 COMMUNITY DEVELOPMENT DEPARTMENT CHAMIASSENPlanningDivision—7700 Market BoulevardCITY OFMailingAddress—P.O. Box 147,Chanhassen, MN 55317 Phone:(952)227-1100/Fax: (952)227-1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date:l( 17 ' PC Date:7l i 9 1 a-CC Date: ( ) i j p Liu-Day Review Date: f i I D.-4, Section 1: Application Type(check all that apply) Refer to the appropriate Application Checklist for required submittal information that must accompany this application) Comprehensive Plan Amendment 600 ® Subdivision (SUB) Minor MUSA line for failing on-site sewers $100 Create 3 lots or less 300 0 Create over 3 lots 600+ $15 per lot Conditional Use Permit(CUP) 4 lots) Single-Family Residence 325 Metes&Bounds(2 lots)300 All Others 425 Consolidate Lots 150 0 Interim Use Permit(IUP) Lot Line Adjustment 150 In conjunction with Single-Family Residence..$325 Final Plat 700 All Others 425 Includes$450 escrow for attorney costs)* Additional escrow may be required for other applications through the development contract. Rezoning(REZ) O Planned Unit Development (PUD) 750 Vacation of Easements/Right-of-way(VAC)........$300 0 Minor Amendment to existing PUD 100 Additional recording fees may apply) O All Others 500 Variance(VAR) 200 El Sign Plan Review 150 Wetland Alteration Permit(WAP) Site Plan Review(SPR) Single-Family Residence 150 Administrative 100 All Others 275 Commercial/Industrial Districts*500 Plus $10 per 1,000 square feet of building area: Zoning Appeal 100 thousand square feet) Include number of existing employees: Zoning Ordinance Amendment(ZOA) 500 Include number of new employees: Residential Districts 500 NOTE: When multiple applications are processed concurrently, Plus $5 per dwelling unit(units) the appropriate fee shall be charged for each application. O Notification Sign (City to install and remove) 200 Property Owners' List within 500'(City to generate after pre-application meeting) 3 per address 44 addresses) Escrow for Recording Documents(check all that apply) 50 per document Conditional Use Permit Interim Use Permit Site Plan Agreement Vacation Variance Wetland Alteration Permit Metes& Bounds Subdivision (3 dots.) Easements ( easements) Deeds TOTAL FEE:1492 Section 2: Required Information Description of Proposal: Proposed lot split that would subdivide an existing residentail parcel into 4 compliant RSF lots. Proposed plat name: Fox Hill Drive Property Address or Location: 581 Fox Hill Drive Parcel#: 250010200 g Legal Description:See Narrative Total Acreage:2.47 Wetlands Present? ®Yes No Present Zoning:Single-Family Residential District(RSF) Requested Zoning: Single-Family Residential District(RSF) Present Land Use Designation: Residential Low Density Requested Land Use Designation: Residential Low Density Existing Use of Property: Single Family Residential lot CITY OF CHANIIA EN Check box if separate narrative is attached. RECEIVED JUN 1 7 Z01" CHANHASSEN PLANNING DEPT 24336 Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I,as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. further understand that additional fees may be charged for consulting fees,feasibility studies,etc.with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted` trares true and correct. Name: UEA/A1,I CUST:vvA 4Op SS Contact: Ctna.c\ t " A..(e5 Address: 18167 MidAl d 4 $CV tJ, Phone: G!2- 2$2- oil/ City/State/Zip:W qY ZATA , M/J 5539 t Cell: Co(el- Z$Z 09'/ft Email: ('mac Fax:Nfilr Signature: Cam.- V ' ., / Date: Co I Co' ZZ— PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees,feasibility studies,etc.with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Fox Hill Properties, LLC Contact: Andy Awes Address: 14530 Martin Dr. Suite 120 Phone: City/State/Zip: Eden Prairie, MN 55344 Cell: 612-396-6478 Email: andy@committeefilms.com Fax: Signature: Date:6/15/22 This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER(if applicable) Name: Alliant Engineering Inc. Contact: Seth Loken Address: 733 Marquette Ave, Ste 700, Minneapolis Phone: 612)767-9356 City/State/Zip: Minneapolis/MN/55402 Cell: Email: sloken@alliant-inc.com Fax: Section 4: Notification Information Who should receive copies of staff reports? Other Contact Information: E Property Owner Via: Email Mailed Paper Copy Name: Applicant Via: Email Mailed Paper Copy Address: Engineer Via: 0 Email Mailed Paper Copy City/State/Zip: Other* Via: Email Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields,then select SAVE FORM to save a copy to your device. i and deliver to city along with required documents and payment. SUBMIT FORM to send a digital Copy t0 the city for processing. SAVE FORM PRINT FORM SUBMIT FORM 1 25337 LOT 1LOT 1LOT 2LOT 3BLOCK 2BLOCK 1OUTLOT AFOX HILL DRIVECARVER BEACH ROAD(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)LOTUS TRAILPROJECT LOCATIONFOX HILL DRIVE PRELIMINARY PLAT COVER SHEET 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION 1SHEET INDEX NO.1VICINITY MAPNOT TO SCALEFOX HILL DRIVECHANHASSEN, MINNESOTASUITE 700ALLIANT ENGINEERING, INC.733 MARQUETTE AVENUEMINNEAPOLIS, MN 55402PH: 612-758-3080CONSULTANTFX: 612-758-3099SURVEYORENGINEERDAN EKREMLICENSE NO. 57366SETH LOKENLICENSE NO. 58862LANDSCAPE ARCHITECTEM: sloken@alliant-inc.comEM: dekrem@alliant-inc.comMARK KRONBECKLICENSE NO. 26222EM: mkronbeck@alliant-inc.comBUILDERCOVER SHEET2EXISTING CONDITIONS SURVEY5PRELIMINARY PLAT6SITE PLAN7GRADING AND DRAINAGE PLAN3-4DETAILS8EROSION AND SEDIMENT CONTROL PLAN9UTILITY PLAN AND PROFILES10-11TREE CANOPY COVERAGE AND RESTORATION PLAN13-14WETLAND MANAGEMENT PLANSTORM SEWER PLAN AND PROFILES15DENALI CUSTOM HOMES18352 MINNETONKA BOULEVARDWAYZATA, MN 55391CONTACT: DAVID BIEKERPH: 612-718-1671EM: david@denalicustomhomes.comOWNERANDY AWESEM: andy@committeefilms.comLANDSCAPE PLAN1612STORM INFILTRATION SYSTEM DETAILS26338 FOX HILL DRIVECARVER BEACH ROADS20°28'26"E 125.32N22°37'50"W 125.86N74°50'50"E 825.86N74°50'50"E 821.10(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)32+/-41+/-LOTUSTRAILLOTUS LAKECHANHASSEN, MINNESOTA581 FOX HILL DRIVELOTUS LAKE PROPERTY733 Marquette Ave, Ste 700Minneapolis, MN 55402612.758.3080 612.758.3099www.alliant-inc.comMAINFAX7/16/2021DEMDTDDJOB NO.FIELD DATE ISSUEDCHECKED BYSCALEDRAWN BY1"=30'21-0122SignatureDate License NumberPrint NameDANIEL EKREMI hereby certify that this survey, plan, or reportwas prepared by me or under my directsupervision and that I am a duly Licensed LandSurveyor under the laws of the state ofMinnesota.LEGAL DESCRIPTIONThe Land is described as follows:That part of Government Lot 8 in Section 1, Township 116, Range 23, described as follows: Beginning at a point in thecenter line of Lakeview Drive, distant 121.029 feet Southeasterly from the point of intersection of the center line of saidLakeview Drive with the center line of Fern Road; thence Southeasterly along the center line of said Lakeview Drive 25feet; thence North 75 degrees 07 minutes East to the high water mark of Long Lake (also known as Lotus Lake);thence Northerly along the high water mark of said lake 25 feet, more or less, to its intersection with a line bearingNorth 75 degrees 07 minutes East from the point of beginning; thence South 75 degrees 07 minutes West 866.5 feet,more or less, to point of beginning. Above mentioned Lakeview Drive and Fern Road being shown on the plat ofCARVER-BEACH, according to the recorded plat thereof. Subject to an easement granted to the Northern StatesPower Company July 22nd, 1941.andBeginning at a point in the center line of Lakeview Drive, distant 20.172 feet on a bearing of South 22 degrees 21minutes 40 seconds East from the point formed by the intersection of said Lakeview Drive and Fern Road as shownon the map entitled CARVER-BEACH, according to the recorded plat thereof; and running from thence along theSoutherly line of Fern Road on a bearing of North 75 degrees 07 minutes 00 seconds East, a distance of 880 plus orminus feet to the high water mark of Long Lake; thence in a Southerly direction along the high water mark of saidLong Lake 100 plus or minus feet to a point 100 feet at right angles to the first course, when said course is projected;thence on a course of South 75 degrees 07 minutes 00 seconds West a distance of 873 feet plus or minus, to a pointin the center line of Lakeview Drive, distant 121.029 feet in a Northwesterly direction from the intersection of LakeviewDrive and Fern Road; thence along the center line of Lakeview Drive on a course of North 22 degrees 21 minutes 40seconds West a distance of 100.857 feet to the point of beginning.Torrens Property - Certificate of Title No. 34797.0LEGEND1. This survey and the property description shown herein are based upon information found in the owner's policy oftitle insurance prepared by Stewart Title Guaranty Company, File no. 21-2881, dated June 9, 2021.2. The locations of underground public utilities are depicted based on information from Gopher State One Call systemfor a “Boundary Survey locate”. The information was provided by a combination of available maps, proposed plans orcity records and field locations which may not be exact. Verify all utilities critical to construction or design.3. The orientation of this bearing system is based on the Carver County Coordinate System NAD83 (86 adj.).4. All distances are in feet.5. The area of the above described property is:Gross: 107,291 +/- square feet or 2.463 +/- acresNet(Less ROW): 104,774 +/- square feet or 2.405 +/- acres6. Bench Mark 1: Top nut of hydrant located on the southwest corner of Fox Hill Drive and Lotus Trail has an elevationof 929.52 feet NAVD88.7. Bench Mark 2: Top nut of hydrant located at the southeast quadrant of Fox Hill Drive and Carver Beach Road hasan elevation of 940.92 feet NAVD88.8. Elevations at curb line are at top of curb.9. The document for the Northern States Power Company easement references in the legal description was notprovided.10. The Ordinary High Water Level for Lotus Lake is 896.3 feet, NGVD29, or 896.35 feet, NAVD 88, and shown hereonfor reference.NOTESBOUNDARY AND TOPOGRAPHIC SURVEYJULY 16, 20215736627339 FOX HILL DRIVE PRELIMINARY PLAT DETAILS 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION 328340 FOX HILL DRIVE PRELIMINARY PLAT DETAILS 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION 429341 LOT 1LOT 1LOT 2LOT 3BLOCK 2BLOCK 1OUTLOT AFOX HILL DRIVECARVER BEACH ROADS20°28'26"E 125.32N22°37'50"W 125.86N74°50'50"E 825.86N74°50'50"E 821.10(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)32+/-41+/-LOTUS TRAILLOTUS LAKEN15°53'53"W 11.44'N15°13'15"W 32.96'N15°29'42"W 33.77'N19°32'37"W 30.45'N15°14'45"W 16.26'PARCEL AREA TABLEPARCELB1-L1B2-L1B2-L2B2-L3OUTLOT AROWTOTALAREA SF28,80115,03722,62217,7296,15717,033107,379AREA AC0.6610.3450.5190.4070.1410.3912.465FOX HILL DRIVE PRELIMINARY PLAT PRELIMINARY PLAT 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION LEGEND:DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:Being 5 feet in width and adjoining lot lines and 10 feet inwidth and adjoining right of way lines, unless otherwiseindicated on the plat.NOT TO SCALE530342 FOX HILL DRIVECARVER BEACH ROAD(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)LOTUS TRAILLOTUS LAKELOT 1LOT 1LOT 2LOT 3BLOCK 2BLOCK 1OUTLOT AFOX HILL DRIVE PRELIMINARY PLAT SITE PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 7006FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLEGEND: SITE PLAN DATA TYPICAL LOT DETAIL31343 FOX HILL DRIVECARVER BEACH ROAD(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)LOTUS TRAILLOTUS LAKELOT 1LOT 1LOT 2LOT 3BLOCK 2BLOCK 1OUTLOT ASOGWSWOSWOEX HWL 949.36HWL 949.36FOX HILL DRIVE PRELIMINARY PLAT GRADING AND DRAINAGE PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 7007FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONGRADING NOTES: GRADING LEGEND: RETAINING WALL NOTES: 32344 FOX HILL DRIVECARVER BEACH ROAD(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)LOTUS TRAILLOTUS LAKELOT 1LOT 1LOT 2LOT 3BLOCK 2BLOCK 1OUTLOT ASOGWSWOSWOEX HWL 949.36HWL 949.36FOX HILL DRIVE PRELIMINARY PLAT EROSION AND SEDIMENT CONTROL PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 7008FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONVICINITY MAPNOT TO SCALEINSPECTOR:EROSION CONTROL PARTIESLEGEND: DNDDESIGNER:INSTALLER:RESPONSIBLE PARTYNOTE TO CONTRACTOR:CONSTRUCTION SEQUENCING:DURING CONSTRUCTION:IMPAIRED WATER REQUIREMENTEROSION CONTROL NOTES: ACTIVE SWPPP LEGENDSWPPP BMP QUANTITIES(PER PLAN):RPBCWD RULE C STANDARD NOTES: 33345 FOX HILL DRIVECARVER BEACH ROAD(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)LOTUS TRAILLOTUS LAKELOT 1LOT 1LOT 2LOT 3BLOCK 2BLOCK 1OUTLOT ARoad AFOX HILL DRIVE PRELIMINARY PLAT UTILITY PLAN AND PROFILES 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 7009FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLEGEND: UTILITY NOTES: WATERMAIN EXTENSION34346 FOX HILL DRIVECARVER BEACH ROAD(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)LOTUS TRAILLOTUS LAKELOT 1LOT 1LOT 2LOT 3BLOCK 2BLOCK 1OUTLOT ARoad A PROFILECB 402-CBMH 400 PROFILEFOX HILL DRIVE PRELIMINARY PLAT STORM SEWER PLAN AND PROFILES 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 70010FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION LEGEND: UTILITY NOTES: FUTURE ROADWAYCB 402-CBMH 400OCS 505-FES 50035347 FOX HILL DRIVECARVER BEACH ROAD(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)LOTUS TRAILLOTUS LAKELOT 1LOT 1LOT 2LOT 3BLOCK 2BLOCK 1OUTLOT AFES 201 - MH 200 PROFILEOCS 300 PROFILEOCS 100 PROFILEFOX HILL DRIVE PRELIMINARY PLAT STORM SEWER PLAN AND PROFILES 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 70011FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION LEGEND: FES 201 - MH 200OCS 301 - FES 301OCS 100OCS 100NOT TO SCALEOCS 301NOT TO SCALE36348 FOX HILL DRIVECARVER BEACH ROAD(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)LOTUS TRAILLOTUS LAKELOT 1LOT 1LOT 2LOT 3BLOCK 2BLOCK 1OUTLOT ASOGWSWOSWOEX HWL 949.36HWL 949.36FOX HILL DRIVE PRELIMINARY PLAT STORM INFILTRATION SYSTEM DETAILS 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 70012FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLEGEND: OCS 505NOT TO SCALEOCS 502NOT TO SCALE37349 FOX HILL DRIVECARVER BEACH ROAD(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)LOTUS TRAILLOTUS LAKELOT 1LOT 1LOT 2LOT 3BLOCK 2BLOCK 1OUTLOT AFOX HILL DRIVECARVER BEACH ROAD(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)LOTUS TRAILLOTUS LAKEEX HWL 949.36HWL 949.36FOX HILL DRIVE PRELIMINARY PLAT TREE CANOPY COVERAGE AND RESTORATION PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 70013FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION TREE PRESERVATION NOTES: LEGEND: CANOPY CALCULATION CANOPY CALCULATION INCLUDE WETLAND38350 FOX HILL DRIVE PRELIMINARY PLAT TREE INVENTORY 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 70014FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION TREE INVENTORY39351 LOT 1LOT 1LOT 2LOT 3BLOCK 2BLOCK 1OUTLOT AFOX HILL DRIVECARVER BEACH ROADS20°28'26"E 125.32N22°37'50"W 125.86N74°50'50"E 825.86N74°50'50"E 821.10(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)32+/-41+/-LOTUS TRAILLOTUS LAKEFOX HILL DRIVE PRELIMINARY PLAT WETLAND MANAGEMENT PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 70015FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION WETLAND SUMMARYWETLAND BUFFER CALCULATIONLEGEND: BUFFER SIGN DETAIL40352 LOT 1LOT 1LOT 2LOT 3BLOCK 2BLOCK 1OUTLOT AEX HWL 949.36HWL 949.36FOX HILL DRIVE PRELIMINARY PLAT LANDSCAPE AND TREE REPLACEMENT PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 70016FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLANDSCAPE REQUIREMENTSPLANTING NOTESLANDSCAPE SCHEDULELEGEND41353 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) )ss COUNTYOFCARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on Jlly 7,2022, 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 ofConsider a request for subdivision of 2.465 acres into four lots and one outlot with variences. Zoned Single'Family Residential @SF), Planning case No. 2022-10. Appticant: chad Mayes' Denali custom Homes, LLC / Property owner: Andy Awes, Fox Hill Properties, LLC to the persons named on attached Exhibit "A', by enclosing a copy ofsaid notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses ofsuch owners were those appearing as such by the records ofthe county Treasurer, cawer county, Minnesota, and by other appropriate records. KimT.rty Clerk Subscri bed and swom to before me this? lr day of c.(-,2022. JEAII M STECKLIilG lroEy Rt5{fino.oblr*t r+t hll,z(,3a E J Or<\ Notary Public 42354 Subject Parcel OlrcLlmar ThB mao 6 nedher a legally Ecoftled map nor a gurvey and rs nol rnteided to be u3ed as one. ihls map is a cornFilaton ol recods. nfoamation and data loaat€d In varioG city' countv state and lederaldfices and other sources regEading the area shown, and is to be u& ,or reference purposas only. The Cty do€! not wafiant that the GeogEphrc lnfornEtion Syslem (GB) Oatr us€d to p,epare this map ale ero. free, and ttE Cily does not reoreseni that tlre GIS Oata can be u3€d for naugetonal, trackrno or any othe' outDo6e requinnE €xactng meaSuemeol of distanco oa dleaton or paeqglon in the ifedrtion ot geogoptrc lgat',re!. The p.ecadino dildeimer b p'ovialed putsuanl lo Minnerota StaMes 546e 03. SuM 21 (2000), and the user of this map irctnorEogEs trat Ure Cig sran na be fiable tor any damagcs, and expreiBly wair/€a all daims, and aorees lo d;fend, indemnifY. and hold haml€s the Ciy from any and alldaims btought b; User, its employees oI aoents. o. $id partie6 trtlidl anse out d the users access or use of data provided. <TAX-NAMEtr <TAX-ADD-Ll tr cTAX-ADD-L2r (N6xt RecordxTAX-l'lAMEr ITAX-ADD-LI r rTAX-ADD-L2tr Subj6ct Parcel lr{rclatr|orna mao ie neifE a leoallv lecoded map noa a suNey and is not lntended to be u8€d ,. i* rrris mao is a cornoilation of leco.ds, intormatjon and data locateo n vanoul ctly' irliir. iiii"i"i r*"'al ;tu€6 and ourer lources egatdrng the arca 3iown' and is b ;-;;ar-il;6il purpose. onlv. The cnY does not ranant that the Geoofttphic lnL-n id SV"r". tOr6t fiaa ,seo to p.epate t'is maP ale ero' free'.atrd tE-Crty 'loesi"i r"o.*"ni urar tire Gts oata can be urcd ior na\doatonal t'-ackrng or any o$er ;;;;;';;;;"il measr,e.ent or distance or dreclioo or prcosion rn trle &ffi" ;;d;ph;Gtuel rne p.ecedng d€daim€r.is .provrded puouanl to iil;;;irh;;'5466 03. subd. 21 (2ooo). and the use' of thi3 map ac*no{€oget [iji 6iic,tv irtirr n& ue liable lo. anv damag€6, and expr*slv waives all daims' and ii,iJiJiirinir. ,o".n v. and hold hamtejs tre citv trom anv aftl alldaims broulm ;; u;;;riry.* * 6gem. o, t,tt pa'tes *'ttrch anse oul of the use/s accest or use of data plovided. xl5q E { t \.- c I n ll L 43355 Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing ChanhasBon Planning Commisaion Meeting startnotTishhemaymanng0222atJu1puTsdeavvtheaofordertheonndrdlaterlhneuntOate & Time: C vdBIarket00M77bersmitnchaIaCouIHLocation:nto Ifou462acresvtsofronfousbdnoderstaCrequest amSiedle-Fs.ance Zonvari ilyoutlotngoneandlots Residential RSF Planni Case No. 2022-10PropoBal Fox Hill PA rties LLCProOwnet: Chad SometomHsaDenCutiSicant: ls on tho revorao 3lds ol this notlce.A location map 581 Fox Hill DriveProperty Location steos: 1. Staff will give an overview of the proposed pro,ect' 2. The applicant will present plans on the project' 3. Commints are received from the public' 4. Public hearing is closed and the Planning Commission thautbostonformicnhearisbthofThespuurposep thnfromonbtaiauestndput,Saican reqpp ethmeetiDuflnthen9isect.th sborhoodhenproig th ro thehtcublwillleadughCap discusses the ro What HapPons at the Meeting: cen P na n nthtoecoideES swillpStafftheetimprovofng la bleavamitewilbefothsstaffThenreportomISSICom web thee&M utesnndsaCes pagatlinethnAgoity nSSIeetnmomComhenPlantofloruhrsdT Questions & Commenta: notification endaswhenSmeetintextd/or agganmailuntorecelveNEWtpsistooGtoloadeduareScitydeonutesndpampackets sl Unto C,ly 500 Tuesday, July 19,2022 at 7:00 p.m. This hesring may not start ndi on the order ot theuntil laler in the evenDate & Time: 7700 Market BlvdHall Council ChamCLocation Consider a request for subdivision of 2.465 acres into four lots and one outlot with variances. Zoned Single-Family Residential Case No. 2022-10RSFPlannin Propo6al: LLCFox Hill PAndAweProperty Owner: Denali Custom HomesApplicant: 581 Fox Hill Drive A locatlon map ls on tho lrve]lo llde o, thls notlco Proporty Location: The purpose of this public hearing is to i applicant's request and to obtain input from the neighborhood about this pro,ect. During the meeting, the Chair will lead the public hearing through the follot ,ing steps:1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the proiect. 3. Comments are received from the public. 4. Public hearing is closed and the Planning Commission nform you about the discusses the ect What Happon6 at the meeting: To view proiect documents, please visit: www,ChanhassenMN.oov/ProposedDoYeloDments. lf you wish to talk to someone about this project, please contact Sharmeen AlJaff aI952-227 -1134 ot Sal-Jatf@ci.chanhassen.mn, us. lf you choose to submit written comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the Planning Commission. The staff report for this item will be available online at the City's Agendas & Minutes webpage the Thursda rior to the Plannin Commission dotificationwhNSmeetientextureceiveagenngtoEWtNSignp ht cte S website Go toaeosUreloadedtotnmautesvidndty'ppackets, unto Clty U 500 A n.lohborrbod !pok6ipc..o.rr.pr6$ .lrE 13 on.ourlg.d lo nl.€r -w h lh. n.'gtborhood EgErd,lg lhor Fopold stan13.l stafi C'lyCrly c 60951!r9 cC'lY s) c C'lY Ic 7:009, with you to about followingthehearing visit:documents, website.the Chad Mayes, Question6 & Comments: and/oremail 44356 TAX-NAM E JON ALAN LANG FOX HILL PROPERTIES LIC MRP 4O1K PLAN & TRUST ARTCRAFT HOMES INC RANDAL C RUTLEDGE MATTHEWT & LISAA KOEPPEN ANDREW J LEMKUIL RICHARD ARTHUR SHEA MICHAEL VOI-Z IAN P O'CONNEtt MICHAEL N SWEET KATHLEEN HANSEN JEOFF T WILL ARTICTE 4 TRST UNDER TYLER REEDER FMLY T SAMUELR&NANCYLCOTE ANITA R TEWIS TRUST RICKI IEE HALE RICHARD HINTZ TRUST FRANCIS CHRISTY CHRISTOPHER M TANDON JENNY A NIETFETD JUSTIN BIKERS KEITH & BARBARA THOMAS JENNIFER URICK CONSTANCE M CERVILLA JAMESV&MARYLFRERICH JEFFREY L KLEINER REV TRUST GEOFFREY J SCHROF JAMES HENDERSON ELIEZER MUNOZ JOHN D JR & IISA I-ENSEGRAV IEFFREY B & MARYV KING STARITA HARDWOOD FLOORS LLC MARKW&VALERIENELSON TAX-ADD-11 130 CYPRESS VIEW DR 2044 SCHOOLMASTER DR 3385 HARDSCRABBLE RD N 3581 WILDS RDG NW 4511 FAIRVIEW AVE 515 BIG WOODS BLVD 517 BIG WOODS BLVD 533 BIG WOODS BIVD 548 BIG WOODS BLVD 549 BIG WOODS BLVD 565 BIG WOODS BIVD 580 FAX HILI DR 581 BIG WOODS BLVD 590 BROKEN ARROW RD 597 BIG WOODS BIVD 599 BROKEN ARROW RD 600 FOX HILL DR 606 CARVER BEACH RD 620 CARVER BEACH RD 620 FOX HILL DR 621 BROKEN ARROW DR 621 CARVER BEACH RD 530 CARVER BEACH RD 631 BROKEN ARROW RD 650 CARVER BEACH RD 651 BROKEN ARROW DR 555 CARVER BEACH RD 671 BROKEN ARROW DR 678 BROKEN ARROW DR 585 CARVER BEACH RD 6880 TOTUS TRL 6886 LOTUS TRL 6890 LOTUS TRt 6890 NAVAJO DR TAX-ADD-12 NAPLES, Ft 34113 CHASKA, MN 55318 MOUND, MN 55354 PRIOR LAKE, MN 55372 MINNETONKA, MN 55343 CHANHASSEN, MN 55317.4504 CHANHASSEN, MN 55317.4504 CHANHASSEN, MN 55317-4504 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317.4504 CHANHASSEN, MN 55317-9538 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317-4504 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317.9512 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317.9512 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317-2101 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317-2101 CHANHASSEN, MN 55317.9569 CHANHASSEN, MN 55317.2101 CHANHASSEN, MN 55317.9559 CHANHASSEN, MN 55317.9569 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317-9559 CHANHASSEN, MN 55317-9559 CHANHASSEN, MN 55317 CHANHASSEN, MN 553I7-9571 SITEADD 640 CARVER BEACH RD 581 FOX HILL DR 599 CARVER BEACH RD 695 CARVER BEACH RD 680 CARVER BEACH RD 516 BIG WOODS BLVD 517 BIG WOODS BLVD 533 BIG WOODS BI-VD 548 BtG WOODS B|_VD 549 BIG WOODS BIVD 565 BIG WOODS BIVD 580 FOX HILL DR 581 BIG WOODS BLVD 590 BROKEN ARROW RD 597 BIG WOODS BLVD 599 BROKEN 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LOTUS TRt 720 PREAKNESS [N 725 PONDEROSA DR 730 PREAKNESS tN CHANHASSEN, CHANHASSEN, CHANHASSEN, CHANHASSEN, CHANHASSEN, CHANHASSEN, CHANHASSEN, CHANHASSEN, CHANHASSEN, CHANHASSEN, 55317 55317-9572 55317 55317-9559 55317 55317-9560 55317 55317-9238 55317 -9479 55317-9238 6891 NAVAJO DR 6893 NAVAJO DR 6896 NAVAJO DR 6900 LOTUS TRL 691 CARVER BEACH RD 6911YUMA DR 6940 LOTUS TRL 720 PREAKNESS LN 725 PONDEROSA DR 730 PREAKNESS LN MN MN MN MN MN MN MN MN MN MN 251602260 25t602290 251602250 257602410 251500431 251602072 25t602440 258590110 251602090 258590100 46358 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2022-10 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, July 19, 2022 at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for subdivision of 2.465 acres into four lots and one outlot with variances on property located at 581 Fox Hill Drive. Zoned Single-Family Residential (RSF). Property Owner: Andy Awes, Fox Hill Properties, LLC / Applicant: Chad Mayes, Denali Custom Homes. Project documents for this request are available for public review on the City’s website at www.ChanhassenMN.gov/ProposedDevelopments or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Sharmeen Al-Jaff Senior Planner Email: Sal-Jaff@ci.chanhassen.mn.us Phone: 952-227-1134 (Publish in the Chanhassen Villager on July 7 , 2022) g:\plan\2022 planning cases\22-10 581 fox hill dr pp and fp\ph notice to villager - fox hill dr.docx 47359 Al-Jaff. Sharmeen From: Sent: To: Subject: Bruce Johansson <sandmanjohansson@yahoo.com > Monday, July '11, 2022 7:O1 PM Al-Jaff, Sharmeen 581 Fox Dr. Proposed Development Hello Sharmeen, My input with regards to the Fox Hill proposed development by Denali Customs Homes. I am opposed to it as unnecessary and harmful posing continued degradation to the Carver Beach neighborhood. I am speaking on behalf of that lot as the last remaining stand of Big Woods. Considering what was done to adjoining development called (was) Big Woods. There will be little or nothing left of the beauty peace and sanctuary it provides. Trees will be cut, earth moved, animals ( big and small) displaced , large foundations built with oversized 35' high trussed up houses on top. Asphalt driveways, sodded lawns with pesticides. More water runoff and higher taxes for everyone. Each house will have at least two vehicles and road impact and damage will continue. That little charm will be destroyed. I would propose another use for the property. lncorporating it as part of Carver Beach Park as a Sanctuary Preserve. The benefits would be many and forever. A much better outcome than l2 3 or 4 Oversized boxes that further destabilize the character and economic mix of Carver Beach. lf the above is dismissed for bureaucratic reasons then please consider a more modest approval of construction. 2 house max with greater blending with environment ala the Stinson development on Frontier trail. l've been invested for 30 years now in Carver Beach, owning 2 homes and built one (699 Carver Beach Rd.). l've lived my beliefs to maintain the charm this neighborhood has. Chopping up every parcel for short term profit and tax revenue is not a good way to define progress. lf more time could be set aside to explore other options, other buyers, another way to approach the landowners desire to cash out. Thank You Bruce Johansson 6711 Mohawk Dr I 48360 September 12, 2022 To: The Chairman and Members of the Chanhassen City Planning Commission and Fox Hill Neighbors, My name is Maria Awes and my husband, Andy, and I are eager to come before the Commission in just a few weeks to discuss plans for our lot at 581 Fox Hill Drive. We have been hard at work over the past several months with Denali Custom Homes and Alliant Engineering to develop and then revise a plan to subdivide the land into three additional lots while also maintaining a lake lot of our own on which we hope to build a home. 581 Fox Hill is a beautiful piece of property and it is our heartfelt desire to keep it as such while also giving more families the opportunity to live in such a wonderful community. My husband and I have lived in Chaska for the past 17 years and raised our two kids in the Eastern Carver County School District. We couldn’t have had a better experience and are eager to stay in the same community while moving into our next chapter of life. We weren’t able to be at the last meeting, but have watched the meeting online and have worked diligently to address concerns that were brought up at that time, primarily having to do with the percentage of tree canopy being maintained. I wish we could have been in attendance, as there is a lot I would have said. The key issue that we were asked to take a second look at was whether or not more tree canopy could be maintained. To address this, we did the following: Met with the city arborist, Jill Sinclair, to discuss the project in general terms and followed her recommendations to re-examine the storm water drainage systems for each lot in order to save more trees o The result is an additional 3 % of tree canopy. Developed a plan with the MN DNR to reforest Butternut trees o The result is this tree species will now be able to thrive in a more hospitable environment far into the future. Developed a proposal for the City of Chanhassen to consider a smaller private access road rather than thecurrently requiredfull-size roadin order to save more tree canopy. While we were just told on 9/9/22 that the City’s public works department and the fire department would not support this option, which is very disappointing, we think it’s important to point out what the positive impact on the tree canopy could have been, because we spent time and money exploring this, as the Commission asked us to do, in an effort to save more trees. And, this option would have had a very significant, positive impact on the woods. o If approved, the private access road we proposed would still have been of an appropriate size to allow emergency vehicles necessary future access and would have saved an additional 4% of the tree canopy. o Worthy of discussion is the fact that If the City and its departments could acquiesce to overwhelming neighborhood demand for the elimination of the road requirement entirely, 8% of the tree canopywould be saved – for a total of 46% across the entire subdivision. 49361 As we are told, neither of the two neighbors on the lake side have any intention of selling their homes in the near future. It is frustrating as the homeowner that we are required to build – and to pay – for the development of a ‘road to nowhere’at the expense of the trees; essentially a public works improvement that the City doesn’t have to pay for. Unlike larger subdivided plots with massive neighborhoods being built where such costs are more easily absorbed, the City is asking for a road that only runs between two homes and will cost tens of thousands of dollars and may never connect to any other roads. All homes that are part of our subdivision proposal will be thoroughly accessible on Fox Hill or Carver Beach Road. We believe that should the other lakefront homes south of us sell in the future, there are other options for accessibility that could be explored, including improvements to the existing private road. Also, to even trigger road improvements on those properties, not only would someone have to purchase those lots, they would also have to go through subdivision - and the shape of those lots could make that challenging, meaning this road may very well never connect to the stub on Big Woods Blvd. If we must build the road, can the City share in this cost? Respectfully, it seems that we’re being unfairly penalized for this road, twice: monetarily and in public opinion. It is expensive, and we are prevented from being able to save more tree canopy (8%) which would please us and the neighbors. Holding money is escrow indefinitely for a future build is also not an attractive option for us, a couple putting two kids through college. Increased the overall amount of tree canopy being saved –all of the above being said, we did what the Commission asked and we are excited that we have been able to come up with a new plan that means the total tree canopy being saved will now be at least 38 percent – which is 3 percent more than the previous proposal presented in July of 2022. 64 additional caliper inches of trees will now be saved. It is one thing to talk about tree canopy and tree preservation in theory –it is another to see how many trees are being saved with your own eyes. We are inviting you to do just that. Please venture out to 581 Fox Hill and take a look. There is a huge swath of land where trees will go untouched which has now been marked off, and additional trees will be saved in other areas. The building pads for the three additional lots have been marked with fluorescent green ribbon. The pink ribbon along the back side of the lots indicates the boundary of our development work. In addition to the extensive amount of trees that would remain untouched on the lake lot, all trees not encircled with green ribbons would be saved. This is an area roughly 215’ by 135’. Some other things we would like to point out that can’t be understated. 50362 o This property has been earmarked for subdivision previously as part of the City of Chanhassen’s comprehensive plan for the area, and there are actually stubs for utilities in place already for these homes. The City previously stubbed 4 sanitary and water services in anticipation of the development of this property. o The number of homes being built on this existing property is less than the number of lots on the shorterside of Fox Hill opposite of us –and far fewer than were built on Big Woods Boulevard in the same length of space. o Tree canopy is not the same as total number of trees – we are actually saving almost HALF of all the trees on the property - roughly 46.8 percent of them, to be specific - which is a lot when considering how much clearing can take place during subdivisions. o The City of Chanhassen has parameters in place that allow for a lesser percentage of tree canopy to be maintained during the subdivision process than the goal of 55%. We are abiding by all such rules and we are the property owners of this parcel, and should be able to proceed in accordance with the law and its provisions. o Despite what was said in the last meeting, not everyone in this neighborhood opposes this project. In fact, we have spoken with many people directly adjacent or on neighboring blocks who support this project wholeheartedly. We look forward to seeing you in person and thank you for the opportunity to revisit our plan and come up with the best possible path forward for all involved. Thanks, Maria and Andy Awes 51363 www.alliant-inc.com 733 Marquette Avenue, Suite 700 612.758.3080 MAIN | 612.758.3099 FAX Minneapolis, MN 55402 Fox Hill Drive Memorandum RESPONSE TO COMMENTS To: Scott Sobiech PE, Barr Engineering and Terry Jeffrey RPBCWD District Administrator From: Seth Loken PE CC: Denali Homes, Andy and Maria Awes Date: August 15th, 2022 Subject: Response to Riley Purgatory Bluff Creek Watershed District Comments This memo provides a response to watershed district comments. Since the last submittal, a geotechnical of draft borings has been provided. Due to the heavily wooded nature of the site and city application for subdivision, removal of significant trees is prohibited at this time which would be necessary to conduct infiltration tests. Additional updates include responses to Rule B and G comments IC1. Because the project involves land-disturbance below the 100-year floodplain of Wetland 1 (949.25 ft) and Lotus Lake (897.46 ft), the project must conform to all the criteria in RPBCWD Rule B. Some of the needed information includes computations documenting the proposed project will provide full compensatory storage all fill below the 100-year flood level, in accordance with RPBCWD Rule B.3.2 and the project must demonstrate no adverse impact (Rule B, Subsection 3.3). The installation of storm sewer to wetland 1 has been removed at the request of the city to preserve as much existing canopy as possible. The installation of storm sewer and rip rap to Lake Lotus has been updated to discharge at water’s edge. This will involve cut only. Typical detail for rip rap installation includes overcutting of diameter of rip rap and installation with fabric and rock. IC2. Because the project proposes a new outfall to a public water (Lotus Lake), the project must conform to all applicable criteria in RPBCWD Rule G-Waterbody Crossings and 52364 Fox Hill Drive Response to Comments PAGE 2 www.alliant-inc.com Structures, including but not limited to subsection 3.1, 3.3, and 3.7. Noted. See further responses below. IC3. Please provide detailed plan view and scaled profile of the proposed outfall to Lotus Lake and Wetland 1, including riprap, slope grading, etc. Detailed view of storm sewer to Lotus Lake provided. IC4. There does not appear to be soil borings or infiltrometer tests provided in the submittal. Please provide site specific soil borings and infiltration testing at the proposed stormwater management facilities. The soil borings and in-situ infiltration testing must be completed by a state licensed soil scientist, engineer, or geologist in accordance with RPBCWD Rule J.5.4. Soil borings have been added. IC5. Please provide a detailed design of the proposed surface and underground infiltration facilities, including the outlet structure, cross sections with elevations and materials listed, and pretreatment (per Rule J, Subsection 5.4.d) Engineer design of systems included. Full system design to be completed by others when contractor is chosen. Final details will be provided to the city. Because the project appears to involve work below the 100-year flood elevation of two waterbodies (Wetland 1 and Lotus Lake), the project must conform to the requirements in the RPBCWD Floodplain Management and Drainage Alterations rule (Rule B, Subsection 2.1). To conform to the RPBCWD Rule B the following revisions are needed: B1. The project proposes to install storm sewer discharging into wetland 1. Because the plans to not appear to include the profile for the FES300 to FES302, additional information is needed to demonstrate either no fill will occur, or that full compensatory storage is provided for this work in accordance with RPBCWD Rule B.3.2. Please provide documentation that sufficient storage will be provided adjacent to the same waterbody to compensate for the loss of floodplain storage from this wetland. Alternatively, please demonstrate that no fill will be provided for the placement of the storm sewer and riprap. No longer discharges below 100 year HWL of wetland per city request. B2. Project proposes a new outfall into Lotus Lake (FES 500). While this work is above the 100-year elevation of Lotus Lake (897.46 ft), the grading for the installation of riprap (shown on the plan view) has the potential to result in fill within the 100-year floodplain of Lotus Lake. Additional information is needed to demonstrate either no fill will occur, or that full compensatory storage is provided for this work in accordance with RPBCWD Rule B.3.2. Please provide documentation that sufficient storage will be provided adjacent to the Lotus Lake to compensate for the loss of floodplain storage. Alternatively, please demonstrate that no fill will be provided for the placement of the storm sewer and riprap. See standard city detail required for rip rap installation. Requires a low point creation as part of the rip rap design and subcut for installation of fabric and granular material. B3. Please provide documentation and modeling to verify the grading conducted below the 100-year floodplain of the wetland 1 and Lotus Lake will not have adverse offsite impacts and will not adversely affect flood risk, water quality, and channel stability in accordance with RPBCWD Rule B.3.3. Existing and proposed modeling of the project meets the required rate control requirements 53365 Fox Hill Drive Response to Comments PAGE 3 www.alliant-inc.com per district. 100 year increase in volume is shown from existing to proposed as part of modeling however the project proposes to treat a portion of Fox Hill Drive (2400 SF impervious) and ROW that was previously routed untreated to Lotus Lake. See included plans for flared end update from city. B4. Add a note to the drawings requiring construction be conducted so as to minimize the potential transfer of aquatic invasive species (e.g., zebra mussels, Eurasian watermilfoil, etc.) to the maximum extent possible. Noted. Because the project will involve the alteration of 50 cubic yards or more of earth and involves more than 5,000 square feet of land-disturbing activity, the project must conform to the requirements set forth by the RPBCWD Rule C - Erosion Prevention and Sediment Control. To conform to the RPBCWD Rule C, the following revisions are needed before the application will be considered complete: C1. FES500 appears to discharge runoff above the normal water level of Lotus Lake. While riprap is proposed at the FES, there appears to be the potential for erosion to occur on the Lotus Lake shoreline. Please provide detailed, scaled profile of the proposed outfall to Lotus Lake, including riprap, slope grading, etc. and computations to confirming that any surface flow on the bank will not lead to erosion. Per this comment the flared end section was extended to Lotus Lake and outlets at the surveyed water level. Rip rap will extend below the water level. C2. Name, address and phone number of the individual who will remain liable to the District for performance under this rule and maintenance of erosion and sediment-control measures from the time the permitted activities commence until vegetative cover is established (per Rule C, Subsection 4.3a). This information does not need to be provided prior to making a recommendation to the RPBCWD Board but will be needed before the permit is released. Will provide when NPDES permit is applied for. Because runoff from the site is tributary to Wetland 1, the project must conform to the requirements set forth by the RPBCWD Rule D – Wetland and Creek Buffers. To conform to RPBCWD Rule D, the following revisions are needed before the application will be considered complete: D1. RPBCWD’s review of the MNRAM provided results in the wetland being considered medium value, thus requiring a 40-foot average, 20-foot minimum buffer. Computations have been updated based on this information. D2. There appears to be a retaining wall proposed within the Wetland 1 buffer. Rule D, subsection 3.3d does not allow structures within the buffer area. Please revise the buffer plan or design to remove the retaining wall from the buffer. Retaining wall has been removed. D3. While the buffer area is clearly shown on sheet 13, the buffer monument locations appear to be missing on the plan view. Please update the plan to show the monument locations. Location(s) for markers, at a minimum along each lot line, with additional markers at an interval of no more than 200 feet and, for subdivisions, on each lot of record to be created (Rule D, Subsection 3.4) Buffer monuments have been added. 54366 Fox Hill Drive Response to Comments PAGE 4 www.alliant-inc.com D4. Please update the plans to require that all disturbed areas within the buffer be restored with native vegetation (Rule D, Subsection 3.3). Note added to wetland plan. D5. Before any work subject to District permit requirements commences, buffer areas and maintenance requirements must be documented in a declaration recorded after review and approval by RPBCWD in accordance with Rule D, Subsection 3.4.This can be provided after the RPBCWD Board considers the permit application and will be included as a recommended condition for Board consideration. Noted. Because the applicant proposes to place a new outfall Lotus Lake, a public waterbody, the project must conform to RPBCWD’s Waterbody Crossings and Structures Rule (Rule G). To conform to the RPBCWD Rule G, the following revisions are needed before being considered complete: G1. Have you confirmed with the city that there is not an existing storm sewer and outfall to Lotus Lake that the project could connect to rather than proposing a new outfall to Lotus Lake. See plansheet from city. Flared end referenced is 300’ away and would require significant disturbance in order to connect into. G2. Please provide information demonstrating that the proposed outfall provides a public benefit (Rule G, subsection 3.1). Currently there is no secondary emergency access to Big Woods Blvd resulting in a 1200 LF dead end street which exceeds city standards. In order to treat the proposed stub road and the fact that any existing outfall to Lotus Lake is not in close enough proximity to connect to a new outfall is being proposed. The outfall is being proposed in a manner to minimize disturbance to Lotus Lake and existing shoreline. As part of the work for the development the property owner will be restoring the shoreline which has been neglected further providing a benefit to Lotus Lake. G3. The following information and analysis must be provided to demonstrate the construction of the proposed outfall: a. FES500 appears to discharge above the normal water level of Lotus Lake. This has the potential to result in significant bank erosion and does not appear consistent with Rule G, subsection 3.3a which requires minimization of disturbance and erosion of natural shoreline and bed resulting from peak flows; See previous comment response. b. when feasible, utilize discharge to stormwater treatment ponds, artificial stilling or sedimentation basins, or other devices for entrapment of floating trash and litter, sand, silt, debris, and organic matter prior to discharge to public waters; and c. use natural or artificial ponding areas to provide water retention and storage for the reduction of peak flows into waterbodies to the greatest extent possible. There is a natural berm near the Lake according to topography taken via survey. The flared end discharges at this point to allow water retention and storage to maximum extent possible. G4. Please provide detailed plan view and scaled profile of the proposed outfall to Lotus Lake, including riprap, slope grading, etc. Provided. 55367 Fox Hill Drive Response to Comments PAGE 5 www.alliant-inc.com G5. The plan set needs to include notes to address criteria 3.7a, 3.7b, 3.7c. Added. G6. Subsection 3.7 requires compliance with the applicable criteria in Rule F subsection 3.3. Please provide information demonstrating that the criteria in Rule F subsection 3.3 are achieved. City detail is specified on plans which conforms to these rules. G7. Permit applicant must provide a maintenance and inspection declaration for the outfall. A maintenance declaration template is available on the permits page of the RPBCWD website (http://www.rpbcwd.org/permits/). A draft declaration must be provided for District review prior to recording. This information does not need to be provided prior to making a recommendation to the RPBCWD Board Noted. Because the project will involve more than 5,000 square feet of land-disturbing activity, the project must conform to RPBCWD’s stormwater management rule as described in Rule J, Subsection 3. Because the proposed activity will increase the site imperviousness by more than 50%, the criteria of Section 3 will apply to the entire project site, subsection 2.3. Under paragraph 2.5 of Rule J, Common Scheme of Development, activities subject to Rule J on a parcel or adjacent parcels under common or related ownership will be considered in the aggregate, and the requirements applicable to the activity under this rule will be determined with respect to all development that has occurred on the site or on adjacent sites under common or related ownership since the date this rule took effect (January 1, 2015). Because a permit is being considered at the July 13, 2022 meeting for the shoreline restoration work (permit 2022-043), the current activities proposed must be considered in aggregate with the activities proposed under this application, Permit 2022-053.To conform to the RPBCWD Rule J, the following revisions are needed before being considered complete: J1. The proposed conditions drainage map suggests that the driveway work within the ROW will not be routed to a BMP for abstraction, water quality, or rate control. Please update all of the stormwater computations to account for all the existing and proposed impervious surfaces on the site. This must include the imperviousness associated with the work in the right of way and associated with permit being considered at the July 13 meeting for the shoreline restoration work (i.e. permit 2022-043). Imperviousness has been updated. 2400 SF of previously untreated existing impervious is now treated as part of this project. J2. Please provide additional information to clarify how the driveways for Lots 1 & 2 of Block 2 are captured and routed to the underground stormwater facility on Lot 1. The grading appears to suggest that runoff from the driveways and potentially a portion of the roofs would flow directly north to Fox hill drive. Please update the drawing/design to ensure the contractor understand these areas must be routed to the BMP. If the design is relying on gutter flow along the south side of Fox Hill Drive to turn the corner and be captured in the proposed CB, please demonstrate that flows up through the 100-year event will take the corner rather than overflowing to the east. The existing “curb” on fox hill drive is a bit roll curb. Upon installation of curb cut for the road stub the water will be directed towards the low point in the stub road. 56368 Fox Hill Drive Response to Comments PAGE 6 www.alliant-inc.com J3. The drainage arrow for Lot 1 Block 1 also indicates runoff from the driveway will flow north to Fox Hill drive. Please clarify on the drawings to ensure this runoff is routed to the stormwater facility. Driveway graded to create low point in driveway where flow will cross driveway to be routed to the stormwater treatment facility. J4. The drainage arrow for Lot 3 Block 2 also indicates runoff from the driveway will flow north to Fox Hill drive. Please clarify on the drawings to ensure this runoff is routed to the stormwater facility. As much drainage as possible is routed to stormwater facilities as physically possible without further tree removal. J5. The plans will need to ensure erosion prevention between the FES500 outfall and Lotus Lake. The current outfall design as the potential to cause soil erosion downstream of the proposed riprap and at the shoreline. Please provide computations documenting that erosion will not occur or consider alternatives to convey the runoff to Lotus Lake without exacerbating erosion potential. Please revise design to account for erosion prevention modifications. Stilling basin and silt fence are included as part of storm installation. J6. Comments related to HydroCAD modeling: a) The rainfall depths used in the 24-hour rainfall simulations (2-year, 10-year, and 100- year) must be revised to 2.87”, 4.27” and 7.41”, which are the point estimates for the RPBCWD centroid. Adjusted. b) The current snowmelt modeling appears to only be generating 6.95 inches of runoff. Please update the snowmelt modeling to produce 7.2 inches of runoff. Adjusted. J7. Comments related to MIDS modeling: a) The MIDS modeling only include 2.303 acres of the 2.465 acres site boundary. Please confirm the only area exclude is the Wetland 1 buffer areas? Correct. Only areas excluded will be wetland buffer or areas the city would require as conservation area. b) MIDS modeling results for abstraction and water quality are dependent on the soil conditions below the proposed BMPs. Without soil boring information it is not possible to confirm the abstraction and water quality criteria are achieved. Please complete soil borings at each BMP location.Noted. J8. There does not appear to be soil borings or infiltrometer tests provided in the submittal. Please provide site specific soil borings and infiltration testing at the proposed stormwater management facilities. The soil borings and in-situ infiltration testing must be completed by a state licensed soil scientist, engineer, or geologist in accordance with RPBCWD Rule J.5.4. Noted and included. J9. Please provide a detailed design of the proposed surface and underground infiltration facilities, including the outlet structure details, cross sections with elevations and materials listed, and pretreatment identified (per Rule J, Subsection 5.4.d) Noted and included. One note, these are engineer designed but not designed yet by manufacturer. Final manufacturer designed plans will be included in as built to city and watershed. 57369 Fox Hill Drive Response to Comments PAGE 7 www.alliant-inc.com J10. In accordance with RPBCWD Rule J.3.6, no structure may be constructed or reconstructed such that its lowest floor elevation is less than 2 feet above the 100-year event flood elevation in accordance with RPBCWD Rule J.3.6. Please provide a summary showing that all proposed low floor elevations for proposed and existing lots adjacent to wetland 1, proposed surface and underground stormwater facilities, meet the rules. J11. Provide computations demonstrating the drawdown of the required abstraction volume will be drawn down within the required 48 hours. J12. Permit applicant must provide a maintenance and inspection declaration. A maintenance declaration template is available on the permits page of the RPBCWD website (http://www.rpbcwd.org/permits/). A draft declaration must be provided for District review prior to recording. This information does not need to be provided prior to making a recommendation to the RPBCWD Board. 58370 Fox Hill Drive Response to Comments PAGE 8 www.alliant-inc.com 59371 www.alliant-inc.com 733 Marquette Avenue, Suite 700 612.758.3080 MAIN | 612.758.3099 FAX Minneapolis, MN 55402 Fox Hill Drive Memorandum RESPONSE TO COMMENTS To: Erik Henricksen, PE, Sharmeen Al-Jaff, Joe Seidl, PE, City of Chanhassen From: Seth Loken PE CC: Denali Homes, Andy and Maria Awes Date: August 8th, 2022 Subject: Response to City Planning Commission Comments This memo provides a response to city planning commission comments. On July 19 th the project was tabled by City of Chanhassen planning commission for a request to explore saving more trees throughout the property. Two exhibits have been added to demonstrate what we believe to be max savings: Removal of the stub road requirement completely, conversion of full public ROW to private roadway contained within outlot, but it is our understanding that the stub road is a requirement per city comprehensive planning. We will continue to work with city staff to increase the canopy coverage to the maximum extent possible but believe based on the requirements of both city and watershed district, this will be the maximum canopy coverage for the additional 3 lots. Since the planning commission, a geotechnical investigation has occurred, and this plan is updated to reflect the initial findings. Responses to city comments are shown below in red. SUBDIVISION Engineering: 1. Any underlying easements within public easements, including public right-of-way, must be vacated or released prior to recording of the final plat. Noted 2. An additional 10 feet of right-of-way shall be dedicated along Carver Beach Road prior to recording of final plat providing a 50-foot-wide right-of-way in total. 10’ of additional ROW shown. 60372 Fox Hill Drive Response to Comments PAGE 2 www.alliant-inc.com 3. The ESCP and tree preservation plans must address the excavation of the proposed stormwater conveyance system on Lot 1, Block 1 and it’s impacts upon submittal of final plans for review and approval. Erosion control has been updated. 4. The street within the newly dedicated 50-foot right-of-way extending from Fox Hill Drive shall be constructed to the maximum extent feasible. Road has been extended to the maximum extent possible. 5. The applicant shall provide exhibits illustrating the alignment, profile, and grades of the proposed street design from Fox Hill Drive to the future connection at Big Woods Drive upon submittal of final plat. Noted. Will provide with final ppat. 6. The applicant and their Engineer shall work with City staff in amending the construction plans, dated June 17, 2022 prepared by Seth Loken, PE with Alliant Engineering to fully satisfy construction plan comments and concerns. Final construction plans will be subject to review and approval by staff prior to commencement of any construction activities. Noted. 7. The applicant shall enter into a Development Contract and pay all applicable fees and securities prior to recording of final plat. Noted. Water Resources Recommendations: 1. Private stormwater BMPs to serve the needs of the development must be wholly located outside of all public easements upon submittal of the final plat. Noted. 2. The applicant shall provide a copy of conditional approval from the RPBCWD as part of the final plat submittal. Noted. 3. The applicant shall provide a copy of the geotechnical report and infiltration test results as part of the final plat submittal. Geotechnical report provided. Shows seams of sandy/silty soil with clay soils. Infiltration tests were not conducted initially as to not remove any trees. Based on preliminary findings, infiltration tests will occur. 4. The applicant must update the Hydrologic and Hydraulic models per City and Watershed District comments and submit updated computations and models in their native forms with the final plat and final construction plans. Noted. 5. The applicant must demonstrate that the proposed project will not raise the 100-year high water level of the onsite wetland as part of the final plat submittal. Noted. 6. The applicant must demonstrate that the proposed project will be in compliance with the 3-foot freeboard requirement to ponding features as part of the final plat submittal. Freeboard in general is well over 3’. See grading plan/stormwater. 7. The applicant must confirm the stormwater routing of the onsite BMPs and include pipe profiles, details of outlet control structures, underground infiltration details, and connections to public infrastructure as part of the final plat submittal. Noted. 8. The applicant must work with staff to improve the BMP configuration to the maximum extent given the restrictions of the site and RPBCWD rules. The applicant and engineer 61373 Fox Hill Drive Response to Comments PAGE 3 www.alliant-inc.com understand the city’s desire to consolidate BMP’s. Watershed rules stipulate that abstraction volume must be provided prior to discharging to a wetland, in order to provide this to meet the watershed’s rules the site needs a BMP prior to discharging to the wetland. The alternative to providing the BMP would be to pipe all disturbed area and impervious surface that drains to the west, this would result in significant tree removals and change in hydrology to the wetland. The alternative BMP configuration for drainage that is routed directly to Lotus Lake would be to pipe all disturbed area and impervious surface to a BMP downstream of lot 1 block 1. In order to do this would result in a significantly larger footprint meaning further tree removal and disturbance to existing lakeshore and slopes. Additionally, the BMP for lot 1 block 1 is confined due to existing utilities near the lakeshore. 9. The applicant shall enter into an Operations and Maintenance Agreement for any proposed privately owned stormwater facilities which shall be recorded concurrently with the final plat. Noted. Parks: 1. Full Park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a condition of approval for the four lots. The Park fees will be collected in full at the rate in force upon final plat submission and approval. Based upon the current single- family park fee rate of $5,800 per dwelling, the total Park fees for the three new additional homes would be $17,400. Noted. Environmental Resources Coordinator: 1. Tree protection fencing shall be installed prior to any construction activities and remain in place until construction is complete. Noted. 2. Any trees removed that are shown on plans dated as preserved shall be replaced at a rate of 2:1 diameter inches. This is noted based on a final approved plan. 3. A Conservation Easement shall be dedicated over the wooded side yards on Lots 1 and 2. To be provided at final plat. 4. The applicant will relocate the infiltration basin to the edge of the wooded area on Lot 2 and eliminate the fragmentation of the wooded wetland buffer. Infiltration basin moved towards the home to eliminate fragmentation of wooded wetland buffer. 5. The applicant shall revise the tree removal plans and calculations to show tree removal for all stormwater infrastructure and utilities needed on site. Tree removal plans have been provided. 62374 Fox Hill Drive Response to Comments PAGE 4 www.alliant-inc.com Building: 1. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. Noted. 2. Building permits must be obtained before beginning any construction. Noted. 3. Building plans must provide sufficient information to verify that proposed buildings meet all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review Noted. 4. Retaining walls (if present) more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction, retaining walls under four feet in height require a zoning permit. Noted. 63375 Planning Commission Minutes – July 19, 2022 13 will be done by the construction equipment and he thinks it is a reasonable question in asking who will be responsible for maintain and repairing the damage that will be done. Chair von Oven noted there is a reason they are called private streets, everyone knows who is responsible for it: the people who live on it. He noted this is a tough answer to give but when one buys property on a golf course, golf balls will come at your house; when you buy property on a private street, you know what you are getting into. For Chair von Oven, the private street comes up at the Planning Commission every single time but he holds the same position on the private street every time. Will there be extra traffic on that street? Possibly. For a homeowner who has a right to do what he or she wants to do with their property, the concern of the private street which everyone knew was their responsibility, it is a concern for him because it is the public’s concern. However, it is not on his list of concerns because people know what they are getting into with a private street. He noted this is the single most comprehensive, well though-out, strategic presentation he has ever seen from the public and he is in each one of their shoes on the topics brought forward. In some of their 72 questions, it comes down to education and part of the process is that there are not final numbers right now. Chair von Oven see two things that need to be decided which are whether the property can be rezoned and subdivided into two lots. There is a final Watershed check that will get the real numbers and then this project will or will not go forward. He spoke about drainage, the reducing of Wetland A, and noted the landowner had two developments grow up around him is now asking for one house, not even a development. Commissioner Alto moved, Commissioner Schwartz seconded that the Chanhassen Planning Commission recommends approval of rezoning of property from Rural Residential District (RR) to Single Family Residential District (RSF), preliminary plat to subdivide 4.75 acres into two lots as shown in plans received June 16, 2022, subject to the conditions of approval, and adopts the attached Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: 581 FOX HILL DRIVE: CONSIDER A REQUEST FOR APPROVAL FOR SUBDIVISION OF 2.47 ACRES INTO FOUR LOTS AND ONE OUTLOT WITH VARIANCES Senior Planner Al-Jaff gave a presentation on the item stating it is a riparian lot with a single family home on the parcel with a subdivision all parcels will meet the required lot area, width, depth, and access to each parcel is from Fox Hill Drive. Project Engineer Henricksen spoke about access and right-of-way, noting the applicant is proposing to dedicate some additional right-of-way to meet the 50 feet typical to the neighborhood. It is substandard to current standards of 60 feet but matches the neighborhood and would be consistent with the needs for the road network. He spoke about the Lotus Woods subdivision from 2020 and a connection to Fox Hill Drive which he showed on screen. Sanitary sewer and water is adequate to meet the needs and there is a need for an additional fire hydrant to be installed to meet fire code. Water Resources Engineer Seidl spoke about drainage and grading noting a high point at the center of the property with storm water flowing to Lotus Lake, the wetland, or stormwater infrastructure along Carver Beach Road. Mass grading is proposed to prepare the site for home 64376 Planning Commission Minutes – July 19, 2022 14 construction, install storm water BMPs, and infrastructure before discharging water offsite. The proposed position conveys the water to four individual storm water BMPs which increases the wetland stormwater volumes and increases the 100-year high water level which is seen as an adverse impact and is something that will need to be addressed during final design submittal. He noted the project is within the Riley Purgatory Watershed District and is subject to the City and Watershed’s rules and regulations. A geotechnical analysis and related infiltration testing will be needed so the BMPs can be property designed. Ms. Al-Jaff spoke about parks and trails, trees on the site, and a conservation easement. Staff recommends approval of the preliminary plat to subdivide and a variance for the 50-foot right-of- way. Commissioner Schwartz asked staff to comment on Mr. Johanson’s email about concerns with tree removal, animal displacement, stormwater runoff, and pesticide contamination. Ms. Al-Jaff replied that Mr. Johanson is not opposed to development but noted his concern was the size of the potential homes in the future. If these parcels meet ordinance requirements and guidelines for subdivision, staff will typically recommend approval. This development has met all of those requirements and Mr. Johansen requested the size and height of the homes be limited; the City must abide by the single-family residential district and as long as they meet setbacks, hard surface coverage, and height limitations, they are permitted to build homes that would be in compliance with the ordinance. Commissioner Schwartz asked if Jill Sinclair has weighed in on any environmental issues. Ms. Al-Jaff had conversations with Ms. Sinclair about the woods. As has been done with Big Wood Boulevard, the City exercised similar practices by reducing the right-of-way and required the applicant to push the homes closer to the right-of-way with a preservation easement at the rear of the property. She noted the applicant will be 22 trees short of the maximum removal and will be replacing those trees on site. She believes as they finalize and define the location of the storm pond they can save additional trees. Commissioner Johnson noted with infiltration basins it raises a flag and asked if there are options to change those. Mr. Seidl replied the Watershed does not waive their abstraction volume requirement which is why they will need a test to prove those rates. There is a workaround which is a void space created from a rock layer under the infiltration practice to capture that volume which allows a longer time for the water to infiltrate the soil. Underground infiltration BMPs are typically a more cost-effective option. David Bieker, Denali Custom Homes, said the owner of the property will be constructing a new home on the lake side of the property. The applicants are lovely people who have lived in Chanhassen for years and are looking forward to living in the home; they are very into the environment and the outdoors. Their full intention is to plant many trees in strategic spots. He spoke about the potential road extension as well as the stormwater drainage system. 65377 Planning Commission Minutes – July 19, 2022 15 Chairman von Oven opened the public hearing. Ella Hale, 600 Fox Hill Drive, thanked the Commissioners and noted she has lived in her house for almost 30 years and she loves the neighborhood. Everyone calls the area a hidden gem; they love the woods, wildlife, and if this were to change that wildlife would have nowhere to go. This area is the last big plot of woods and is very special. She cannot imagine it not being there anymore, it affects her everyday life and she would be lying if she said she has not cried every single day since this property was sold last summer because she did not have a million dollars to buy it and she has never been more mad at herself. She wants to keep it the way it is and this is such a thin stretch of land and noted no one wants the road. It is such a quiet area, and in putting four homes there it would double the entire neighborhood. In taking most of the trees… how can someone say they love nature if they are only going to leave 35%, that is ridiculous to her, so many trees will be gone that she has watched grow since she was a kid and she played in those woods. The previous owner left it the way it was because they loved it that way. Ms. Hale understands that people want to build a home and spoke about the cottage that is currently there. It is crazy for someone to see this and want to build as many homes as possible. She asked the Commissioners to please come out to the neighborhood if they haven’t already to look at how special it is. She wishes the project could be scaled back as it will change everyday life and it will lose the magic. She spoke about growing up and the big woods seemed to go on forever and she does not believe that the trees would be replanted. She stated nobody in the neighborhood wants this and it will affect everyone else, animals, water, and so many things. She asked the Commissioners to scale it back to two homes or three but not to devastate the entire forest for one person to have all their friends live in the same strip. Francesca Landon, 620 Fox Hill Drive, noted her house looks directly into the current wetland area and years ago during the Lotus Woods development she had concerns that all the trees would be gone. She spoke about deer and fawns, barn owls, red-tail hawks, and noted she is having a difficult time visualizing the four houses as the three acres does not seem like it will fit the houses. She is not opposed to change but her concern is taking 65% of the trees down and she does not think that qualifies as loving nature. Ms. Landon noted that 65% proposed does not include what was taken down at the lakefront last summer and she does not think it includes the trees taken down by the road the last couple of weeks. She noted this is truly a gem and it is not so much about their view as it is about drainage. She spoke about Page 4 of the staff report where the developer proposes to mass grade a majority of the site and asked how that will be done without removal of trees. Right now water goes to the corner of Outlot A and pools/overflows the corner and goes into the street; there is a neighbor down there who has lost some of his lot to the wetland due to the amount of drainage that goes there. She noted the road is very small and she does not know how construction trucks will go on the road and thinks the road will be demolished. There are a lot of issues, she thinks it is an excessive building plan and it would be better if it were two or three houses total. Chairman von Oven noted the City Code of Chanhassen requires that Planning meetings end at 10:30pm by law. He is not allowed to continue and noted this is the first time he has had to do this. 66378 Planning Commission Minutes – July 19, 2022 16 Ms. Aanenson noted they can continue this item but cannot start another item. John Stutzman, 6901 Yuma Drive, is on the other side of the pond from Big Woods and has lived in the City for 14 years. He has utmost respect for staff and elected officials and said the common theme from neighbors tonight is to scale the project back. They understand development and it is an owner’s right to develop land within City Code and other governing bodies. As Ms. Landon said, the excessive nature of this seems to be a common theme and a tough area to develop. It is a very passionate issue for the neighborhood and he requested if there are ways to increase the conservation easement to save more trees and reduce the lot numbers, and he noted the bottom lot will be interesting to develop. He said if there is a way to avoid the road he would also propose that. He encouraged the Planning Commission, staff, and the developer to think about scaling this project back and be respectful of what the neighbors are asking. Deeann Hale, 600 Fox Hill Drive, grew up in Chanhassen and she has seen a lot of growth, some good change and some bad change. She was very happy many years ago when Mayor Mancito believed in conserving more trees. Ms. Hale was home one day when surveying and tree tagging was happening and one of the young men she was talking to noted there were a lot of old trees there and some were very rare and are not seen anymore. Ms. Hale said it is sad because someone will move in and not appreciate it but knock it down. Ms. Hale kept her fingers crossed that the property would stay as much the same as possible and said building four houses with the rare trees and wildlife that depend upon them is a shame. She is beginning to wonder if they appreciate what they have. As someone said “they paved paradise and put up a parking lot.” She asked if that is what is going to happen. If they remove two-thirds of the trees, where will the deer and wildlife go. Ms. Hale noted they cannot save this for the deer but they were there first, and said let’s not destroy what they enjoy and what the neighborhood enjoys. She asked the Commissioners to consider it and questioned why people buy lots only to knock it all down, she does not understand it. The way it will be developed she will have two driveways across from her driveway and will be interesting to get out at the same time. She does not know if the Commissioners have been out to see it but invited them to take a look. She spoke about Big Woods and all the trees taken out there noting it is a funny name as there are no woods. Mr. Bieker noted people keep mentioning they should scale it back and noted there are eight houses between the street and the lake at Big Woods and the applicant is only proposing four in the same amount of distance. He thinks that is a lot more reasonable than what has been done in the past; there will be a lot more greenspace, there is hardly any greenspace in Big Woods, and it will not be like that. He thinks they are being mindful on the number of houses and he thinks it might be possible to do more but that is not what is happening. In another area of Chanhassen, he built 12 homes and now there are more trees that tower above the houses. He noted the trees will be replenished and the character of the neighborhood will come back. Mr. Bieker stated they will work with the City to save every tree that they can and he appreciates what the neighbors are saying. Chairman von Oven closed the public hearing. Commissioner Schwartz wonders if the current owner would consider selling the property to the City, County, or a preservation organization such as a Sierra Club or Nature Conservancy, 67379 Planning Commission Minutes – July 19, 2022 17 assuming they would get fair-market value of the land. He would ask that of the owner before proceeding. As proposed, he thinks this project is a travesty which is his personal opinion. When he drove into that neighborhood he was blown away and had no idea there was that degree of huge trees on the property and once it is gone it will never come back. He thinks it needs to be rethought. Commissioner Also stated given that her current house and childhood home are within .5 miles of this lot she will be recusing herself from the vote and that they would still have a quorum. Chairman von Oven lives across the lake on Lotus. He has driven through the neighborhood, and Commissioner Schwartz is right, these trees are different. He admitted he struggles a bit and as stated earlier he believes in the rights of a land owner to do what they want with their property within the boundaries of the law. The Lotus Woods subdivision in 2020 had a tree preservation of 29% and in looking at the google map now he thinks it does not look so bad, although they are not the same trees but were placed as a penalty for removing trees. He noted they are big, beautiful trees on Big Woods Boulevard and he does not know where he stands but would like to discuss if there is a right number. He is hopeful that there are ways of moving around of the puzzle pieces such as the infiltration system and downstream effects, which might affect the proposed tree preservation. He spoke about the number from the City plan that says it must be 55% or higher and then paying a tree penalty if it is below that has always been a thorn in a Commission predecessor’s side and has become a thorn in this case and in this neighborhood. Commissioner Johnson agrees, he has walked the street a number of times and noted the area is pretty special. He understands the tree debate but also understands an owner’s right to do what they want with their property. He hopes they can come up with a solution or compromise, whether reducing the lots, changing stormwater, or whatever they can do to save trees. Commissioner Soller feels the same and almost bought a house in the neighborhood; he has been through the area and likes it a lot. This is a tough one and he noted it may be in the purview of the City Council and City regarding conservation but perhaps it needs to be looked at such as increasing the penalty for taking out so many trees. He thinks the City has some leverage but finds it difficult to tell a property owner that they cannot work on this. Commissioner Soller likes the idea of compromise. It does not feel right to Chair von Oven to restrict the number of lots. He believes the number the Planning Commission can affect that does not put him at odds with his beliefs about landowner rights is the tree preservation number. The 2040 Comprehensive Plan requires 55% but has an out clause for certain situations and the proposal right now is 35%. He does not know what it would do to the project for that minimum canopy coverage to remain at 55% and be completely in compliance with the Code. Seth Loken, Alliant Engineering, said the Watershed has stormwater rules and in order to meet those they must treat discharge to the wetland prior to it getting to the wetland and to do that they must clear trees for that infrastructure. 68380 Planning Commission Minutes – July 19, 2022 18 Ms. Al-Jaff clarified staff noticed this application with variances. One thing they did with Big Woods and why many cannot tell which trees they saved, the homes were pushed 10 feet closer to the right-of-way to save the trees behind, and they increased the rear yard to 40 feet for the conservation easement. If that is something the Commissioners wish to consider, staff will look at it. Commissioner Schwartz wants to make it clear that he also respects property rights of homeowners and property owners. He asked if it is possible at this stage to think out of the box and asked Ms. Aanenson whether the City could consider purchasing the property and keeping it the way it is. Ms. Aanenson replied at this stage she is not sure it would be appropriate to try although it is something that could have been considered. She clarified the tree preservation ordinance, noting the City has a very rigid tree preservation easement and it is not a one-size-fits-all. She noted they have a lot of deer in town travelling through the whole community and that is something the City wants to keep. Ms. Aanenson said the applicant has indicated if the City wants additional right-of-way, which is taking away some of the trees, the applicant is getting penalized for that. She thinks the best way is to Ms. Al-Jaff’s point and to look at ways to cluster the houses, shift them, figure out those significant trees and try to work around those. She is not sure they would have a willing seller but the City could offer that up although she is not sure the City has those funds right now. She noted it is a bit harder on a smaller scale but there are different zoning techniques that have been employed such as RLM or PUD to save a natural resource. Chair von Oven is not in a position to reject or approve the proposal and asked Ms. Aanenson about the best course of action to send it back. Ms. Aanenson replied they can ask for additional time and make a recommendation to table. Staff could then go back and revisit some issues to see what they can do (i.e.variances, what they can save, etc.) They have 120-days to review and would take the extra 60 days. Chairman von Oven moved, Commissioner Johnson seconded to table this item and allow staff and the developer to work towards achieving a greater percentage of tree canopy preservation. All voted in favor and the motion carried unanimously with a vote of 4 to 0 (Commissioner Alto recused herself from the vote). PUBLIC HEARING ORDINANCE AMENDMENT CONCERNING IMPROVEMENTS AND ENCROACHMENTS IN PUBLIC EASEMENTS Ms. Aanenson noted this is a Code Amendment recommendation. Currently, staff must make everyone that wants to put a fence in an easement area must apply for an encroachment agreement which is a legal document constructed by the attorney. The city attorney is saying these need to go to the City Council for their approval and signature. Staff is creating a website with all easement agreements and development contracts. The purpose of this would be to amend the City Code to say if there is not an active easement, one can put up a fence and sign a document saying if the City would have to activate that easement, the fence owner could take care of that. This would affect 90% of people who must wait 3-4 weeks to get a fence permit. 69381 September 16, 2022 To: The Chairman and Members of the Chanhassen City Planning Commission and Carver Beach / Fox Hill Neighbors We are the Lang and Cervilla families and live on the two properties south of the proposed 581 Fox Hill development. We’ve lived here a combined 70 years, 33 of those years as neighbors. Our properties include the woods we have all come to appreciate that used to be 4 acres across 4 properties until the sale of an acre of woods bordering Big Woods and the sale of 581 Fox Hill. We predate the development that is transforming our neighborhood. We got here when highway 5 was a two lane road and the journey from Eden Prairie to Chan was interrupted daily by a passing train; when visiting friends were told to get here by hanging a right at the grain elevator, when there was a big woods at the end of Carver Beach Road before Big Woods; when I could row on Lotus Lake without getting swamped by a wake boat, before mill foil, multiple stop lights in town, innumerable sandwich shops, multiple grocery stores, the inevitable big box liquor store and other “conveniences”. This was a quiet neighborhood with a lovely lake. We understood that such a tranquil setting wouldn’t last forever, especially with the growth in the western suburbs. And we understand that progress is forward focused but we wish that progress would be more respectful of the past, of the underlying nature of this part of Chanhassen that created its appeal. We have two considerations about this plan and two objections to the 581 Fox HIll Development: • No amount of wiggling plans around will erase the fact that two acres will now hold 4 houses instead of a thousand square foot cabin built in 1930. It’s not likely that the new houses will be nestled comfortably on wooded lots but rather more big houses will be built on more small lots. We wish the Planning Commission would consider what is being replaced when drawing up the rules for what will be replacing it. Do we need tiny lots replacing big woods that many of us, beyond the property owners, enjoy? How about some thinking that values the historic nature of the old neighborhood – maybe replace an acre of trees with something larger than 1/3rd acre lots. Consideration: Value our heritage not just the tax base. • The wetlands, mostly on the 581 property, is big in the spring, filled by the rain and snow melt. The water runs toward the lake and even with the current wetlands and woods enough water runs around our properties to cause a very soggy springtime and a usual rite of the season that involves getting a stuck vehicle out of the muddy lawn. Most recently this process involved a tow truck having to pull a Fed Ex truck stuck up to its bumper in mud out of what was previously a springtime lawn. We know capable engineers have taken a close look at where water will go without the forest and with lots of rooftop and driveways resulting from this development. Consideration: Please be doubly sure the Fox Hill Development plan accounts for runoff given the size of the planned remaining wetlands, absence of multiple drains and the one big drain at the base of Fox Hill Drive. Messing with Mother Nature usually results in failure of some magnitude. • In 2006 the 4 neighbors went through a long and arduous process with the Planning Commission to get approval of a plan to develop the woods, eventually ending up with multiple lots. Interestingly, that approved plan had one buildable site in addition to the existing house at 581 Fox Hill because, at that time, the Commission said that the wetlands could not be moved, 70382 changed or ignored. When that development was approved there were still unsold lots in Big Woods and we decided not to continue with that development. That plan, like the current 581 project, called for a road to go across the properties from Big Woods Blvd. to Fox Hill Drive but it cut across the properties in such a way that left our houses on about one acre lots. This new 581 Fox Hill development plan cuts across our properties about 100 feet closer to the lake. That means that if or when our properties are subdivided the lake shore lots are considerably smaller than the 2006 plan. Land in our neighborhood on Lotus Lake is appraised for tax purposes at 2 and a half times the value of land not on the lake. That means that the new road placement creates a loss of roughly 24,000 square feet of our lake shore land, devaluing our properties significantly. Objection: It is not Minnesota nice, neighborly, or reasonable to predetermine what happens to our properties in the future to suit one developer’s plans for one property today when there was a previous agreement in place for 16 years on where a possible future road would go. It is especially thoughtless to make that change without informing us. • The plan for a possible future road is more than a plan. A stub is in place off of Big Woods Blvd. and a stub is currently planned for the Fox Hill end of the road. That pretty much means that a future road would connect the two stubs. The road, planned to be 50 feet wide, 30% wider than most roads in the neighborhood, would not impact any of the proposed homes wedged into the land through the 581 project. All of those homes front Fox Hill or Carver Beach. This road has no purpose now and would serve, if our current properties were to be developed, only 4-5 homes. The 50-foot road takes another 13,000 square feet out of our properties. It would be one of the shortest roads in the neighborhood, serving the fewest number of homes in the neighborhood with one of the widest roads in the neighborhood. Objection: This is just plain silly. We, the City of Chanhassen, are smarter than that. Think of a better solution. Progress needs to be thoughtful and considerate of the impact it will have on the foundation upon which that progress rests. We have a little piece of old Chan here in this neighborhood and although it is quickly transforming, preserving some bits of that would be worth considering. To quote the often-quoted Joni Mitchell and to state an obvious stance to be avoided, “They took all the trees and put them in a tree museum and they charged the people a dollar and a half just to see ‘em. Don’t it always seem to go you don’t know what you got till its gone. They paved paradise, put up a parking lot.” Katy and Jon Lang Connie and Colleen Cervilla 71383 CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 20, 2022 CALL TO ORDER: Chairman von Oven called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Eric Noyes, Mark von Oven, Perry Schwartz, Ryan Soller, Edward Goff, Kelsey Alto. MEMBERS ABSENT: Erik Johnson. STAFF PRESENT: Sharmeen Al-Jaff, Senior Planner, Kate Aanenson, Community Development Director; MacKenzie Young-Walters, Associate Planner; Erik Henricksen, Project Engineer, Joe Seidl, Water Resources Engineer, Jill Sinclair, Environmental Resource Specialist. PUBLIC PRESENT: Maria and Andy Awes 581 Fox Hill Drive David Bieker Denali Custom Homes Seth Loken Alliant Engineering Francesca Landon 620 Fox Hill Drive Paige Will 581 Big Woods Boulevard Deeann Hale 600 Fox Hill Drive Ella Hale 600 Fox Hill Drive Gary Renneke 3607 Red Cedar Point Road Jada Sanders 3609 Red Cedar Point Road Dave Bloomquist 8800 Powers Boulevard Mark Bliss 7333 Hazeltine Boulevard PUBLIC HEARINGS: 1. 581 FOX HILL DRIVE: RECONSIDER A REQUEST FOR APPROVAL FOR SUBDIVISION OF 2.47 ACRES INTO FOUR LOTS AND ONE OUTLOT WITH VARIANCES Senior Planner Al-Jaff gave a presentation on the item, noting the application is for a subdivision of 2.47 acres into four lots and one outlot and a 50-foot right-of-way variance where the City requires 60 feet. The Planning Commission reviewed and tabled action on this item on July 19, 2022 with direction for the Applicant to reduce tree removal on the site. The four lots meet the minimum requirements for lot area, depth, and width of the single-family residential district. Engineer Henricksen spoke about staff’s recommendation for the dedication of right-of-way to meet the surrounding neighborhood at 50 feet, which is the reason for the variance. Based on comments received, he wants to clarify right-of-way versus roads: right-of-way is an easement 384 Planning Commission Minutes – September 20, 2022 2 area but is not the actual street width itself. The updated materials from the Applicant addressed all right-of-way dedication on the resubmittal. Mr. Henricksen spoke about the history of the development, street connectivity, and the 50-foot right-of-way easement. Water Resources Engineer Seidl spoke about the proposed drainage design which largely maintains existing drainage patterns on the lot with stormwater routed to an existing wetland that naturally overflows onto the public roadway and across Carver Beach Road where it is captured by public infrastructure and routed to downstream BMPs and then to Lotus Lake. He noted there will be four underground infiltration BMPs to treat and discharge the stormwater. Environmental Resource Specialist Sinclair noted this is a heavily wooded site with 95% canopy coverage and is a mix of red oak and sugar maple. For low-density residential City Code requires a minimum of 55% coverage be maintained after development. The Applicant is proposing to have a 38% coverage after development which is allowed by Code. When a developer goes below the minimum amount required they take a penalty of 1.2 times the difference between the required minimum and proposed minimum. When that calculation is done it is divided by standard square footage for a tree which is 1,089 square feet. The developer is going below the minimum required but is replanting trees and by replanting those trees they bring the minimum required back up to 55% according to the City’s calculations. The Applicant was asked to find ways to preserve more trees and saved canopy cover on Lot 2 by moving one BMP underground and Lots 1-3 have tried to minimize tree removal as much as possible. Ms. Sinclair spoke about a proposed conservation easement area on the property to protect trees. Ms. Al-Jaff spoke about parks serving the site and noted the Commission has the option to receive additional comments from the public. Staff recommends approval of the application, noting it meets all requirements of the subdivision and zoning Ordinance regulations. The variance for right-of-way was directed by staff to reduce the amount of overall grading and remain consistent with characteristics of Carver Beach. Commissioner Alto asked why there is a need for the road to go through the middle of those lots. Engineer Henricksen showed a slide on screen demonstrating the lack of connectivity for emergency services in the area, as they do not have a redundant way to get to residents along the corridor if there was an emergency. He noted they usually want redundancy in case there was a failure or a tree down blocking a road. Fire and Emergency services plans for the worst and since 2005 it was recognized that having a street here would provide a redundant access. Commissioner Schwartz asked Ms. Sinclair about the conservation easement bleeding over onto Lot 2 and Lot 3, which would be private property, and asked over time how do they protect that conservation easement from future owners. He asked if there will be some markings, a fence, or something to identify the space. Ms. Sinclair replied in the affirmative noting in the past the City has required developers to put up signs saying it is a conservation easement, it is also on building permit surveys, copies are sent to homeowners, and many times in neighborhoods that legacy is also verbally passed on. 385 Planning Commission Minutes – September 20, 2022 3 Chair von Oven asked about trees and whether someone could raze the entire site and plant their way back to the minimum. Ms. Sinclair noted technically in a subdivision one could. If a property starts under the minimum, such as a two-acre lot with a couple of trees in the middle which were cut down, they essentially clear-cut the lot. Therefore yes, one could go all the way to the bottom and work their way up. Commissioner Schwartz asked about the minimum caliper inch for the replacement tree. Ms. Sinclair noted it is 2.5 inches diameter. Commissioner Soller asked about the redundancy of the road and asked, until the physical street could be built, what is the point of the right-of-way. Engineer Henricksen noted if the City does not secure the right-of-way easement at the time there is no opportunity to have it; it is baked into the subdivision. If it was stricken from this application there is a 99% chance the City would never obtain that to meet a future connection. Maria and Andy Awes, Applicants, purchased this lot hoping to build their dream home. They have invested a lot of time and energy into making this a perfect place and noted they very much love the trees, and even tapped maple trees this year. They have done everything they possibly can to save as many trees as feasible and Ms. Awes walked the woods with Ms. Sinclair and thinks there can be some benefits to planting some new generation growth and planting new trees for the future. She noted if the road was not there they could increase the tree canopy by 8% and it is difficult because they are a couple with a small subdivision and they are being asked to build a road, pay for the road which is very expensive, and they are trying to do their very best to please everyone in this situation. They are trying to navigate all of this as best as possible and have worked very hard to try to get to this point. Mr. Awes knows there are concerns in the neighborhood about the number of trees and he wishes there was a way to save more trees and noted not requiring that road is a way to save more trees. He noted there is no redundancy now, there will not be a redundancy after they build it, and there may never be. He would still be willing to give the right-of-way if they did not have the requirement that they must cut down trees and lay asphalt now. Ms. Awes said many factors go into this and there were utilities stubbed for four properties before they even got to this point. The parcel is longer than the opposite side of Fox Hill with fewer homes, and a dedicated wetland and conservation area. They are trying to do their very best. Commissioner Schwartz said assuming they could get fair market value for the property, would the Applicants consider selling it to the County, the City, the nature conservancy or another organization that would preserve 100% of the canopy. Ms. Awes thinks there are a lot of factors as there are other people who want to live there and have been planning for that. 386 Planning Commission Minutes – September 20, 2022 4 Mr. Awes noted there is also the question of all the time and money they have already put in at this point. He stated they also want to live there. He spoke about three lots versus four lots and feasibility of making things work and noted at that point they may not have a choice but to consider that option. David Bieker, Denali Custom Homes, would like to answer some questions from the letter turned in by homeowners south of the property. The type of homes to be built will be 1.5 stories or 1 story and he showed examples on screen noting if another developer came in they may put in two stories to maximize what they can get out of the properties; that is not what the clients are requesting. He shared lot sizes of .66 acres, .34 acres, .52 acres, and .41 acres, noting most are significantly larger than 1/3 acre lots. Regarding water runoff, they have been working with Alliant and they do not want to impact anyone outside of the property they are working on. Regarding the road, none of them want the road, everyone is willing to give the right-of-way, everyone loves the trees, and it could potentially be a very long time until that road is of any use to anyone. He understands the economics of asking for a road to be built now as it will cost more in the future, however they do not know how long that will be. He hopes the Commissioners will consider this project and noted the Applicants own the property, they have a right to develop the property, have met all the requirements with a small variance for a road they do not want or need, and they will replace the trees. He spoke about tree counts versus canopies and noted the percentage differences. Commissioner Schwartz noted the road is for safety purposes and assuming the road was not built and a fire occurred or someone had a heart attack, who would Mr. Bieker hold to account that an emergency vehicle could not get to the property in time to save a house or save a life. Mr. Bieker would answer that by saying when the road is able to go through all three properties (two other property owners have to decide to develop and decide to give up part of their land) but until those two properties do anything, whether the road is there or not does not affect anyone’s safety. They will not have the redundancy they are looking for. To him, it would make more sense to dedicate the area, make it available for the future, have money escrowed for that road to be built sometime in the future, but not to build a road until they can actually build it all the way through as it is not helping anyone at this point. Commissioner Schwartz asked Engineer Henricksen if it is possible to escrow money based on the engineering estimate for the cost of the road plus 5-10 years out, accounting for inflation, so instead of dumping $45,000 for what the road will cost today they would require $60,000 or $75,000 and if it only costs $70,000 they would get back $5,000. Mr. Henricksen has not seen that occur within the City and historically he has not seen an attempt to try to estimate a timeline of when a street might go through. The practice of constructing a street prior to connectivity happening is not extraordinary as there are multiple examples within the City where street connections are stubbed and extended to the property line to facilitate future development. It has been common practice for many years. 387 Planning Commission Minutes – September 20, 2022 5 Seth Loken, Alliant Engineering, asked to address the concern about the wetland by a citizen, he noted most of the perimeter of the wetland is at elevation of 949’ and the EOF for the wetland at existing occurs at a 949.45’ allowing for runoff to occur almost immediately. There is not a lot of ponding depth in this wetland and the elevations on the south side are 956’, 954, 952’ so in order for it to flood up and go to the property on the south it would have to flood up six feet. They will continue to work with City Staff to improve the condition of the road overland. He shared that they proposed to move the stub road to the east to allow for maximum tree savings noting if they keep the red line shown on screen there is a 25 foot wetland buffer, 30 foot wetland setback, and a 30 foot front setback which more or less makes that lot undevelopable. He also noted looking at trees from a caliper-inch perspective versus tree canopies, they are more in the range of 45% tree savings versus the 38% canopy cover with the road. Chairman von Oven opened the public hearing. He stated to the public, if they have already made a comment at a previous meeting, the Commissioners have pored over the notes from the last meeting, and if they have comments on new information or on the changes he would like to hear those. Paige Will has been friends with Andy and Maria for 17-18 years, they are wonderful people, wonderful neighbors, and she has no doubt that they will do an amazing job if they are allowed to go forward with this development. That said, living on Big Woods Boulevard, Ms. Will has concerns about the road. She noted they enjoy living on a quiet cul-de-sac, there are lots of kids there, it is a neighborhood without sidewalks, very narrow roads, and she thinks in putting that road in, it does not make sense to do it prematurely. She noted if they are willing to put it in paperwork and put it in escrow it makes sense to do that because it does not make sense to add more pavement to the neighborhood, dig up more of the neighborhood, and most of the people in this room are very passionate about the neighborhood. Ms. Will stated she lives on a conservation easement and takes that very seriously, however she does not think it makes sense to put the road in right now. Francesca Landon is happy to hear that nobody wants the road. She knows that both of the people that live along the lake are not interested in a road, either and asked for clarification regarding the road, when they say “when those roads are developed” does that mean physically developed or when there is change of ownership? Mr. Henricksen clarified that means the property owner (current or future) would have to come to the City and go through the development review process to subdivide. It would have to be a willing property owner who wants to subdivide their property. Ms. Landon spoke about drainage and pointed out on the slide shown as the water comes down by the fire hydrant, the drainage systems are a little above the “G” shown on screen. She has concerns about the water flowing to the bottom of the street and flooding that area. She is also deeply concerned about trees only going from 35% to only 38% and was hoping for a better solution. Deeann Hale, 600 Fox Hill Drive, was talking to the owner of the property that Ms. Landon was just speaking about and if they get a good rain it comes down his gravel driveway and goes into 388 Planning Commission Minutes – September 20, 2022 6 his backyard which has been flooded. The owner was concerned and unfortunately could not be here tonight but asked her to please share about the runoff because that will be a problem. He also spoke about the lift station noting when they put in Big Woods there was a problem with it and they had sewer drainage into Lotus Lake. Ms. Hale’s disappointment is that the City told them to come back with 55% tree coverage and they came back with 36% with a planting of 19 trees that are 2.5 inches. She thinks the Commissioners have received information from someone who belongs to the Sierra Club and she and her husband went out to measure the diameter of many of the trees, and many are well over 100 years old encroaching in to 200 years. The increase of trees on the plot shows most of the increase around the conservation area which is not where most of the legacy trees are. She wishes the owner would try to preserve some of those, although she knows in building a home one does have to take down trees, she thinks they need to pay special attention to some of the trees that are old and beautiful. Ms. Hale asked about the rest of the people who live on the lake? What happened to being neighborly and talking to a neighbor about this? She would be very upset if she lived on the lake and it affected her possibility of getting as much as she can when she retires and moves away. In cutting away some of her land, what is she to do? From what Ms. Hale understood from the woman who sold to the owners, they were going to be good stewards of the land and try to preserve as much as they can but she is not hearing that. Commissioner Noyes asked about the neighbor with flooding concerns. Is he asking that the problem is fixed, is he more concerned that it will be made worse, or is he trying to bring attention because it needs to be looked at? Ms. Hale replied he was concerned that it would make it worse for him. Ms. Awes noted the tree percentage was actually 38% and 3% may seem like a small amount to some people, but she noted they have tried to work with every single thing they could relating to the Watershed District requirements, and all the other requirements to get to that percentage. She noted they are sort of hamstrung with the road and stated there is nothing they can do about that big piece. It is a little disturbing for Ms. Awes to hear that someone trespassed on their property to measure the size of trees and noted that is an issue for her. They really just want to be good neighbors for everyone and she wants to restate that it was recommended for approval before, the Applicants have done even more, it has been recommended again, and they are trying so hard here. Ella Hale stated when the house was sold, Bob’s widow had the art sale and she bought his father’s life story that he used a typewriter to write it on. She read part of it and assures the Commission that this was never supposed to happen or be developed like this. A lot of these trees are sugar maples which is what the town is named after. If they destroy the trees they will never see them again in their lifetime. When the Applicants bought the property they said they were trying to conserve it and she had turned down other offers from people trying to develop the land because she did not want the whole place to get pimped out like it is now. She cannot explain why one would put four homes on such a small plot and then pimp it out to all their friends to make it cheap for everyone. She stated the owners plead their case to the Commissioners but they should really “be talking to us because you are going to have to live among us and you are not welcome here.” She noted they are threatening her home and it is just 389 Planning Commission Minutes – September 20, 2022 7 sad with all the trees and animals that will be displaced, she noted every year they have a family of deer, turkeys, fox, and many animals and now that place will not be special and will not be a home anymore. She asked how they can call it Lotus Woods when there will not be any trees at all, she wishes the Commissioners could look at this and see that maybe this is not the right thing. If the owners really wanted to conserve they would just build a lake house and then sell the rest to conserve it. Mr. Awes clarified they were never misleading anyone about their intentions regarding the property. In the marketing materials, the previous owner put forth that this land was a potential for subdivision, it was in the real estate materials and she knew very well what their intentions were when they purchased. Ms. Will spoke about tree conservation noting trees have died on her property and Ms. Sinclair came out to her property and they had a great discussion. She learned that sometimes by taking out an old dead tree that is not thriving they can help some other trees thrive and open up sunlight. When she walks through the neighborhood she observes a lot of trees in the area that are going down and noted Texas Governor Abbott is paralyzed because a tree fell on him many years ago. She worries about the old trees in the neighborhood that are coming down naturally and she thinks there is an obsession with saving the trees but there is some natural tree loss on a regular basis in that neighborhood. Ms. Will thinks this is good to consider when talking about trees, replanting and taking some out will potentially make some of them grow. She noted there are plenty of saplings all over and she does not think they have to worry about trees replicating themselves there. Chairman von Oven closed the public hearing. Chair von Oven asked if developers are in any way required to provide a conservation easement. He asked if that was a requirement or a choice. Ms. Sinclair replied there is nothing in the City Code that requires a conservation easement. They usually come about between City Staff recommending it because there is a desirable, healthy stand of trees. Sometimes the developer offers it because they know they can protect the trees and it helps their overall canopy cover. She noted it is not required. Commissioner Schwartz acknowledged that the Applicant have increased the canopy, even by 3%, is a lot. In his perspective it is not nearly enough, however they are in compliance and so everyone in the room understands if a property owner is in compliance there is little if nothing the Planning Commission or City Council can do to prevent the property owner from doing what they want on their property. If there is someone to point the finger to in his perspective it is the City of Chanhassen for not requiring a greater amount of trees to be preserved on a piece of property. He noted once those trees are gone they are gone forever and the nature of that neighborhood will be significantly changed. That said, Commissioner Schwartz is sure these Applicants will do the very best job to build on their property the nicest homes they can and make it a pleasant thing. 390 Planning Commission Minutes – September 20, 2022 8 Commissioner Soller wants to talk about a main point in a letter received on September 16, 2022 speaking about the impact of the right-of-way on the potential future value of their properties, especially if taking the yellow route rather than the red route on screen. He noted it really does seem that they are cutting into that property’s future value in terms of the size of the lot between the right-of-way and the lake. He asked if the City gives consideration to potential negative impacts to that property owner. Chair von Oven said if he refers to the property just south of Fox Hill as “property 2” the dotted lines are considered a ghost plat, meaning that right-of-way never exists if the owner of property 2 never decides to subdivide their property. If and when the owner of property 2 decides to subdivide they come before this Commission in the same way that Fox Hill Drive is coming before them tonight and they will have a very similar discussion about where and how the right- of-way should go. Should they never decide to subdivide, this road never actually exists, therefore the effect on their property from a value standpoint is if and when they decide to sell it they are probably required to disclose the ghost plats. Ms. Al-Jaff replied typically if one can demonstrate these parcels have the potential for further subdivision that could be an added value. Mr. Bieker noted one opinion and stated the top of the subdivision shown on screen where the yellow is, they are building a dream house so there is plenty of room to the east to build a nice house. If it was red they are getting into the wetlands and by moving it to the east it is giving a bit more room if they did want to subdivide. Commissioner Noyes does not want to see big trees cut down, however in his role as a Planning Commissioner he does not get to make the judgment as to what is desirable or undesirable. He thinks big trees are more desirable but this plan is within what is allowed by City Ordinance. He appreciates what the neighbors want and has empathy for them, however when one buys a property like this they also get the right to develop it. This is one of the things that is great about the City of Chanhassen, they allow people to develop their properties. From what he has heard tonight the Applicants have a thoughtful plan and are trying to be good neighbors and take into account everyone’s input. The fact that there is a conservation easement shows that these trees are front of mind for the Applicants and that is a good thing. Is Commissioner Noyes impressed with 38%? No, but he has seen the property and understands the limitations. He thinks the whole road thing is ugly, it is a beautiful property and having the road go through is ugly but his opinion is that it is never going to go through because the owners of the other lots get to determine if the road ever goes through. If they do not like it, they say they will not subdivide, but if they decide to subdivide they will probably be happy that they can at least push towards having a road go through. Commissioner Noyes noted a comment from someone about one developer’s plan and the effect on the value of their property, he understands that but the reverse is also true. Their opinions are affecting the owners of another property here because they do not want the development and it is a two-way street. Commissioner Goff asked about the road and what happened in the Lotus Woods subdivision because it looks like they have a skirt and a stub. He asked if the water is underneath or not. 391 Planning Commission Minutes – September 20, 2022 9 Mr. Henricksen replied the water main was extended to the property line. There is a temporary hydrant there. There is also sanitary sewer. Commissioner Goff noted the homeowner used that stub as their driveway. Mr. Henricksen replied in the affirmative, their driveway is accessed through there. In the Lotus Woods subdivision they showed a grading concept that ensured when the road went through they would have an adequate connection with their driveway. Commissioner Goff asked if, instead of putting the road in, could they just put a skirt and a stub on the Fox Hill subdivision. Mr. Henricksen replied they could construct a temporary intersection to indicate a future road connection. He noted the reason Lotus Woods did not extend the street was due to grades and the ability to extend the street and not encroach onto surrounding properties. Commissioner Goff agreed if those two homeowners never decide to subdivide this may never happen. He asked why they want a road to nowhere? It would be suggestion to just put a stub in and he is trying to see if they can minimize. Mr. Henricksen noted municipal services usually get extended. With streets there is a practice where if it is not reasonable to have the street stub extended to the property line it is escrowed similar to Lotus Woods. He defers to past comments and the staff report regarding impacts and complications. Chair von Oven asked if the property he previously referred to as “property 2” was before the Commission tonight, would the City be asking the property owner to build a small street that ends on both sides of the property? Mr. Henricksen would defer to fellow staff members but noted that could be deemed a premature subdivision because they would not have adequate access to the extension of the public street. Chair von Oven noted these two properties might run into barriers to subdivide because the outside properties had not subdivided yet and done the work they are trying to do tonight. Ms. Al-Jaff replied that is correct. Mr. Henricksen noted precedence was probably set with the Eidsness metes and bounds subdivision which then granted the easement and set in motion the idea of the planned development. Ms. Al-Jaff stated they extended utilities, as well. Commissioner Schwartz is curious about how the Fire Chief, Sherriff, and EMTs would weigh in on the value of this road from a health and safety perspective. He gets that the road is ugly and is a road to nowhere right now. His understanding is that neighborhoods need redundant access 392 Planning Commission Minutes – September 20, 2022 10 because if access is limited to one way in and one way out, in the event of an unpredictable catastrophe, it seems that the City is being thoughtful and reasonable in wanting to ensure the health and safety of residents by requiring redundant access. He is struggling to understand why there is objection. Chair von Oven does not think anyone here is objecting to, if all four of these properties were to subdivide, that they need a road cutting through for the health and safety of everyone. They are discussing that while the City may require the right-of-way in this property, do they actually have to build the road because the road serves no purpose until it is connected. The road is valuable if and when it exists but it can only exist if all four properties subdivide, come before this committee, and go through the process. Commissioner Schwartz asked Mr. Henricksen if it is correct that the only way this road will be built is if the other two properties south of Fox Hill Drive decide to subdivide. Mr. Henricksen replied 99.9% yes. There is always the ability for the City, if a right-of-way is in need (he noted the City does not practice this), to have right-of-way grabs where they can take the right-of-way and construct the street if there is a need. However, that is not a practice in the City of Chanhassen and he cannot recall on a local street scenario where that has happened. To answer the question, yes, it would require the subdivision of those lots to the south. Commissioner Schwartz said assuming the road was built through the Fox Hill Drive subdivision and stopped that short road would not allow redundant access because it would not connect with Big Woods Boulevard. Mr. Henricksen replied in the affirmative, the intent is to connect Fox Hill Drive with Big Woods Boulevard. Commissioner Soller acknowledged that this is not extraordinary and he has seen a ton of developments but many times these happen in corn fields and other places. He wants to continue to acknowledge the unique and special characteristics of the neighborhood. That being said, breaking this down, the recommendation on screen is the approval of the plat to subdivide, the variance of the 50-foot public right-of-way, and noted there is nothing in the recommendation referring to the actual construction of the road. He asked if it is in the purview of Planning Commission to add language to recommend against the construction of a road until it can go all the way through. Commissioner Alto thinks it is and that is her problem with the road itself, it is a waste of time, money, and resources for something that could possibly not happen. Why would they build and let something decay that may never connect which the City would then have to pay to fix, to then connect. She also has an issue with collecting $45,000 from someone and letting it sit in a City account potentially forever. What happens to that money if people never decide to subdivide? Why is the City collecting that when it does not impact those houses at all and does not impact their safety? Yes, getting the easement from the property owners is a recommendation; they should get it and leave the trees there. Commissioner Alto does not agree with the collection of the money, although if that is the way the City does it, if it is in the City Code that is fine, and if 393 Planning Commission Minutes – September 20, 2022 11 the Applicants just want to pay and be done to move on that is okay, also. That is her two-cents, she does not agree with either of those practices. Chair von Oven noted they can absolutely put language in the recommendation to the City Council who makes the final decision. He noted Commissioner Alto would just add that language to whatever she believes the right motion to be. When he read the packet and saw the number went from 35% to 38% he reflected on it and went through the notes, coming back to the realization that this committee, whether they were here or not the last time they adopted the City plan, is responsible as they are the ones that adopted it and said it is okay to go from whatever tree cover one is at down to completely nothing as long as they plant some. That said, he does not know that the Planning Commission has the right to tell a property owner that they do not like that number because built into the plan is a recourse for when they do not like that number. Chair von Oven is overly appreciative that they got to 38% and is sure it was no small feat. He likes 46% better and there is no route where he would say to forget about the right-of-way as it is not needed; however, the big question is: do they need to build it right now? He does not know what will happen at City Council and thinks the Planning Commission could come to an agreement such as securing the right-of-way but it does not need to be built, escrowing the money and there can be a special assessment in the future to pay for it, but he is very curious to see what City Council will do with it. He believes securing the right-of-way is the right plan but he does not think they must take that extra step now, and he thinks it is a nice way to exhibit that they do believe this is a different and exceptional place. It does not give them the right to take away rights from developers but it does give them the right to add language to say “can we treat this one a little bit differently.” He asked Ms. Aanenson if they can add language to the conditions of approval regarding the road. Ms. Aanenson replied in the affirmative. Chair von Oven clarified they can add language to the conditions of approval that get at the spirit of securing the right-of-way but not forcing the construction at this time. Commissioner Noyes would be much more comfortable with the Planning Commission making sure they have heavily noted their concern about building this road at this point in the process and making sure City Council is aware of that to take it under advisement that the Commission thinks it is a bad practice. He noted there may be other reasons why this may be considered and he does not think they should stop the project because of this road. He wants to save the trees and likes 46% also but does not feel he is in the position to write something that is technically accurate. He would rather make the City Council strongly aware of Commissioners’ position. Commissioner Alto agrees. She does not want it to go, and if the condition is not agreeable to City Council this comes to a stop. She noted if there is a way to not built right now or to evaluate the escrow portion as well, she would strongly advise City Council to reconsider the City building at this time. Ms. Aanenson suggested making the motion and then adding to that motion that the Planning Commission would like the City Council to consider Commissioner Noyes’ comments regarding the handling of the right-of-way. 394 Planning Commission Minutes – September 20, 2022 12 Chair von Oven asked if that would be part of the motion or separately. Ms. Aanenson replied it would be after they make the motion, they would add that the Planning Commission would also like the City Council to consider the following. Commissioner Schwartz wants to be sure the language is accurate and appropriate and asked if the City Attorney or staff needs to look at this further to get the exact language down. Chair von Oven noted this is a recommendation and ratification of whatever language happens at the City Council level. Commissioner Alto moved, Commissioner Soller seconded that the Chanhassen Planning Commission recommends approval of the preliminary plat to subdivide 2.47 acres into four lots and one outlot and a variance to allow a 50-foot public right-of-way (ROW) as shown in plans, received September 1, 2022, subject to the conditions of approval and adopts the Findings of Fact and Recommendation. The Planning Commission would like to note that they recommend City Council evaluate the requirement to build the stub/right-of-way at this time versus waiting until there is an actual need. All voted in favor and the motion carried unanimously with a vote of 6 to 0. 2. 3609 RED CEDAR POINT ROAD: CONSIDER A REQUEST FOR A SHORELAND SETBACK AND OTHER VARIANCES Associate Planner Young-Walters gave the staff report on the item, noting the Applicant is requesting a 22.3-foot shoreland setback variance to accommodate the construction of a single family home. If decided by less than a 3/4 majority of the Planning Commission the item will go before the City Council on October 10; if decided by 3/4 majority or higher and not appealed it will be decided in four days at the close of the appeal window. Mr. Young-Walters noted it is a riparian property, located on a peninsula with lakeshore on two sides, these properties have a 20,000 minimum lot area, 10-foot sideyard setbacks, 75-foot shoreland setback, 25% maximum lot cover, structures are limited to a 35-foot maximum height and are permitted one water- oriented accessory structure (WOAS) which can be set as close as 10 feet from the ordinary high water level (OHWL). This parcel is 16,501 square feet with 13.4% lot cover, a non-conforming 4.5-foot west sideyard setback, a non-conforming 65-foot south shoreland setback, a non- conforming 79-foot lot width, a private street bisects the property, and a portion of the northern lot is located within the floodplain. The Applicant proposes to demolish the existing home and build a new single-family home on the parcel, they will bring the non-conforming 4-foot sideyard setback into compliance, they feel the variance is similar to what has been previously granted in the area, and the building area is constrained by the two shoreland setbacks. Mr. Seidl noted findings that there is adequate room on the property to build a home that would meet all setback requirements. As such, Water Resources and Engineering cannot support the requested variance. He noted it would reduce the size of the home being proposed. He stated stormwater treatment in the area is deficient and there is a proposed project in the Capital Improvement Program that will invest public dollars into constructing public stormwater 395 LOT 1LOT 2LOT 3BLOCK 1OUTLOT AFOX HILL DRIVECARVER BEACH ROAD(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)LOTUS TRAILPROJECT LOCATIONFOX HILL DRIVE PRELIMINARY PLAT COVER SHEET 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION1SHEET INDEX NO.1VICINITY MAPNOT TO SCALEFOX HILL DRIVECHANHASSEN, MINNESOTASUITE 700ALLIANT ENGINEERING, INC.733 MARQUETTE AVENUEMINNEAPOLIS, MN 55402PH: 612-758-3080CONSULTANTFX: 612-758-3099SURVEYORENGINEERDAN EKREMLICENSE NO. 57366SETH LOKENLICENSE NO. 58862LANDSCAPE ARCHITECTEM: sloken@alliant-inc.comEM: dekrem@alliant-inc.comMARK KRONBECKLICENSE NO. 26222EM: mkronbeck@alliant-inc.comBUILDERCOVER SHEET2EXISTING CONDITIONS SURVEY5PRELIMINARY PLAT6SITE PLAN7GRADING AND DRAINAGE PLAN3-4DETAILS8EROSION AND SEDIMENT CONTROL PLAN9UTILITY PLAN AND PROFILES10-11TREE CANOPY COVERAGE AND RESTORATION PLAN13-14WETLAND MANAGEMENT PLANSTORM SEWER PLAN AND PROFILES15DENALI CUSTOM HOMES18352 MINNETONKA BOULEVARDWAYZATA, MN 55391CONTACT: DAVID BIEKERPH: 612-718-1671EM: david@denalicustomhomes.comOWNERANDY AWESEM: andy@committeefilms.comLANDSCAPE PLAN1612STORM INFILTRATION SYSTEM DETAILS396 FOX HILL DRIVECARVER BEACH ROADS20°28'26"E 125.32N22°37'50"W 125.86N74°50'50"E 825.86N74°50'50"E 821.10(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)32+/-41+/-LOTUSTRAILLOTUS LAKECHANHASSEN, MINNESOTA581 FOX HILL DRIVELOTUS LAKE PROPERTY733 Marquette Ave, Ste 700Minneapolis, MN 55402612.758.3080 612.758.3099www.alliant-inc.comMAINFAX7/16/2021DEMDTDDJOB NO.FIELD DATE ISSUEDCHECKED BYSCALEDRAWN BY1"=30'21-0122SignatureDate License NumberPrint NameDANIEL EKREMI hereby certify that this survey, plan, or reportwas prepared by me or under my directsupervision and that I am a duly Licensed LandSurveyor under the laws of the state ofMinnesota.LEGAL DESCRIPTIONThe Land is described as follows:That part of Government Lot 8 in Section 1, Township 116, Range 23, described as follows: Beginning at a point in thecenter line of Lakeview Drive, distant 121.029 feet Southeasterly from the point of intersection of the center line of saidLakeview Drive with the center line of Fern Road; thence Southeasterly along the center line of said Lakeview Drive 25feet; thence North 75 degrees 07 minutes East to the high water mark of Long Lake (also known as Lotus Lake);thence Northerly along the high water mark of said lake 25 feet, more or less, to its intersection with a line bearingNorth 75 degrees 07 minutes East from the point of beginning; thence South 75 degrees 07 minutes West 866.5 feet,more or less, to point of beginning. Above mentioned Lakeview Drive and Fern Road being shown on the plat ofCARVER-BEACH, according to the recorded plat thereof. Subject to an easement granted to the Northern StatesPower Company July 22nd, 1941.andBeginning at a point in the center line of Lakeview Drive, distant 20.172 feet on a bearing of South 22 degrees 21minutes 40 seconds East from the point formed by the intersection of said Lakeview Drive and Fern Road as shownon the map entitled CARVER-BEACH, according to the recorded plat thereof; and running from thence along theSoutherly line of Fern Road on a bearing of North 75 degrees 07 minutes 00 seconds East, a distance of 880 plus orminus feet to the high water mark of Long Lake; thence in a Southerly direction along the high water mark of saidLong Lake 100 plus or minus feet to a point 100 feet at right angles to the first course, when said course is projected;thence on a course of South 75 degrees 07 minutes 00 seconds West a distance of 873 feet plus or minus, to a pointin the center line of Lakeview Drive, distant 121.029 feet in a Northwesterly direction from the intersection of LakeviewDrive and Fern Road; thence along the center line of Lakeview Drive on a course of North 22 degrees 21 minutes 40seconds West a distance of 100.857 feet to the point of beginning.Torrens Property - Certificate of Title No. 34797.0LEGEND1. This survey and the property description shown herein are based upon information found in the owner's policy oftitle insurance prepared by Stewart Title Guaranty Company, File no. 21-2881, dated June 9, 2021.2. The locations of underground public utilities are depicted based on information from Gopher State One Call systemfor a “Boundary Survey locate”. The information was provided by a combination of available maps, proposed plans orcity records and field locations which may not be exact. Verify all utilities critical to construction or design.3. The orientation of this bearing system is based on the Carver County Coordinate System NAD83 (86 adj.).4. All distances are in feet.5. The area of the above described property is:Gross: 107,291 +/- square feet or 2.463 +/- acresNet(Less ROW): 104,774 +/- square feet or 2.405 +/- acres6. Bench Mark 1: Top nut of hydrant located on the southwest corner of Fox Hill Drive and Lotus Trail has an elevationof 929.52 feet NAVD88.7. Bench Mark 2: Top nut of hydrant located at the southeast quadrant of Fox Hill Drive and Carver Beach Road hasan elevation of 940.92 feet NAVD88.8. Elevations at curb line are at top of curb.9. The document for the Northern States Power Company easement references in the legal description was notprovided.10. The Ordinary High Water Level for Lotus Lake is 896.3 feet, NGVD29, or 896.35 feet, NAVD 88, and shown hereonfor reference.NOTESBOUNDARY AND TOPOGRAPHIC SURVEYJULY 16, 202157366397 FOX HILL DRIVE PRELIMINARY PLAT DETAILS 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION3398 FOX HILL DRIVE PRELIMINARY PLAT DETAILS 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION4399 LOT 1LOT 2LOT 3BLOCK 1OUTLOT AFOX HILL DRIVECARVER BEACH ROADS20°28'26"E 125.32N22°37'50"W 125.86N74°50'50"E 825.86N74°50'50"E 821.10(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)32+/-41+/-LOTUS TRAILLOTUS LAKEN15°53'53"W 11.44'N15°13'15"W 32.96'N15°29'42"W 33.77'N19°32'37"W 30.45'N15°14'45"W 16.26'PARCEL AREA TABLEPARCELB1-L2B1-L3OUTLOT AROWTOTALAREA SF19,42023,97823,88628,801107,379AREA AC0.4460.5500.5480.6612.465FOX HILL DRIVE PRELIMINARY PLAT PRELIMINARY PLAT 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION LEGEND:DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:Being 5 feet in width and adjoining lot lines and 10 feet inwidth and adjoining right of way lines, unless otherwiseindicated on the plat.NOT TO SCALE5400 FOX HILL DRIVECARVER BEACH ROAD(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)LOTUS TRAILLOTUS LAKELOT 1LOT 2LOT 3BLOCK 1OUTLOT AFOX HILL DRIVE PRELIMINARY PLAT SITE PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 7006FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLEGEND: SITE PLAN DATA TYPICAL LOT DETAIL401 FOX HILL DRIVECARVER BEACH ROAD(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)LOTUS TRAILLOTUS LAKELOT 1LOT 2LOT 3BLOCK 1OUTLOT AWSWOSWOEX HWL 949.36HWL 949.36FOX HILL DRIVE PRELIMINARY PLAT GRADING AND DRAINAGE PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 7007FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONGRADING NOTES: GRADING LEGEND: RETAINING WALL NOTES: 402 FOX HILL DRIVECARVER BEACH ROAD(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)LOTUS TRAILLOTUS LAKELOT 1LOT 2LOT 3BLOCK 1OUTLOT AWSWOSWOEX HWL 949.36HWL 949.36FOX HILL DRIVE PRELIMINARY PLAT EROSION AND SEDIMENT CONTROL PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 7008FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONVICINITY MAPNOT TO SCALEINSPECTOR:EROSION CONTROL PARTIESLEGEND: DNDDESIGNER:INSTALLER:RESPONSIBLE PARTYNOTE TO CONTRACTOR:CONSTRUCTION SEQUENCING:DURING CONSTRUCTION:IMPAIRED WATER REQUIREMENTEROSION CONTROL NOTES: ACTIVE SWPPP LEGENDSWPPP BMP QUANTITIES(PER PLAN):RPBCWD RULE C STANDARD NOTES: 403 FOX HILL DRIVECARVER BEACH ROAD(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)LOTUS TRAILLOTUS LAKELOT 1LOT 2LOT 3BLOCK 1OUTLOT AFOX HILL DRIVE PRELIMINARY PLAT UTILITY PLAN AND PROFILES 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 7009FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLEGEND: UTILITY NOTES: 404 FOX HILL DRIVECARVER BEACH ROAD(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)LOTUS TRAILLOTUS LAKELOT 1LOT 2LOT 3BLOCK 1OUTLOT AFOX HILL DRIVE PRELIMINARY PLAT STORM SEWER PLAN AND PROFILES 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 70010FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLEGEND: UTILITY NOTES: OCS 505-FES 500405 FOX HILL DRIVECARVER BEACH ROAD(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)LOTUS TRAILLOTUS LAKELOT 1LOT 2LOT 3BLOCK 1OUTLOT AOCS 300 PROFILEFOX HILL DRIVE PRELIMINARY PLAT STORM SEWER PLAN AND PROFILES 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 70011FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLEGEND: OCS 301 - FES 301OCS 301NOT TO SCALE406 FOX HILL DRIVECARVER BEACH ROAD(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)LOTUS TRAILLOTUS LAKELOT 1LOT 2LOT 3BLOCK 1OUTLOT AWSWOSWOEX HWL 949.36HWL 949.36FOX HILL DRIVE PRELIMINARY PLAT STORM INFILTRATION SYSTEM DETAILS 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 70012FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLEGEND: OCS 505NOT TO SCALEOCS 502NOT TO SCALE407 FOX HILL DRIVECARVER BEACH ROAD(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)LOTUS TRAILLOTUS LAKELOT 1LOT 2LOT 3BLOCK 1OUTLOT AFOX HILL DRIVECARVER BEACH ROAD(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)LOTUS TRAILLOTUS LAKEEX HWL 949.36HWL 949.36FOX HILL DRIVE PRELIMINARY PLAT TREE CANOPY COVERAGE AND RESTORATION PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 70013FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION TREE PRESERVATION NOTES: LEGEND: CANOPY CALCULATION 408 FOX HILL DRIVE PRELIMINARY PLAT TREE INVENTORY 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 70014FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONTREE INVENTORY409 LOT 1LOT 2LOT 3BLOCK 1OUTLOT AFOX HILL DRIVECARVER BEACH ROADS20°28'26"E 125.32N22°37'50"W 125.86N74°50'50"E 825.86N74°50'50"E 821.10(A.K.A. FERN ROAD)(A.K.A. LAKEVIEW DRIVE)32+/-41+/-LOTUS TRAILLOTUS LAKEFOX HILL DRIVE PRELIMINARY PLAT WETLAND MANAGEMENT PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 70015FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONWETLAND SUMMARYWETLAND BUFFER CALCULATIONLEGEND: BUFFER SIGN DETAIL410 LOT 1LOT 2LOT 3BLOCK 1OUTLOT AEX HWL 949.36HWL 949.36FOX HILL DRIVE PRELIMINARY PLAT LANDSCAPE AND TREE REPLACEMENT PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 70016FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLANDSCAPE REQUIREMENTSPLANTING NOTESLANDSCAPE SCHEDULELEGEND411 October 28, 2022 To Members of the Chanhassen City Council, My name is Maria Awes and my husband, Andy, and I are pleased to have our proposal for the development of our property at 581 Fox Hill Drive before you for consideration. We first fell in love with this property a year and a half ago and purchased it with the intention of building our dream home on the lake and offering up beautiful spaces for other families to build their homes on as well. The Fox Hill property is both wild, alluring and rare in an urban/suburban landscape. Representative of the “big woods” that gave this area of Chanhassen it’s nickname, this piece of Fox Hill paradise is filled with beautiful maple trees and other varied tree species and animals that also call this place home. They are our “neighbors” in their own unique way. It has always been our intention to balance our desires as homeowners to both develop the property and maintain what is special about it. After working with the planning commission, the local watershed district and others, I believe we have arrived at the best possible plan to do just that with our development partners, Denali Custom Homes. We can proudly announce that we are now able to both develop three home sites on this property and save the majority of its trees – 58%, which is above the City’s requirement of 55% of tree canopy preservation for residential development projects. And, we’ve dedicated a portion of land to a conservation easement. We have come before the planning commission twice and worked extensively and effectively with the City’s team to come up with the plan before you tonight, which we hope you approve. It has been a long road to get here – and ironically, it was the original requirement for a road itself that was one of the biggest matters to consider. Now, we are pleased to announce that thanks to the planning commission’s re-evaluation of that requirement and hard work by our own dedicated team of engineers and our builder, the decision to forgo the road has allowed us to drastically alter our original development plan in favor of saving more trees on the property than we would have been able to save originally. We can now develop the land in the way we had always hoped; a way that both fulfills our needs and preserves more of the beauty everyone in the neighborhood has grown to love and enjoy. This project is recommended for approval by the City’s planning commission. Our current plan will allow us to maintain an idyllic lot we ourselves intend to build a modest home on, and allow two other wonderful families whom we’ve recently met to do the same. While we originally considered splitting the lot into four parcels to make the lot split economically viable for our family, we no longer need to, and that is no longer the plan. The original four-parcel divide was proposed due in part to the need to offset the expense of building a road, which we are grateful is no longer a factor. Now, as it stands, we are only asking for your gracious approval of a three lot split since the road is off the table. This is wonderful news for us, for the City and for the neighbors, and we are eager to move forward to make new memories in a community we’ve long been proud to call our own. We hope you consider our proposal favorably and we look forward to your decision. Thanks, Maria Awes 412 413 414 415 416 11-11-22 Dear Mayor Elisa and City Council Members, We are re-sending our earlier table in a pdf format. We noticed that the excel file stored in our previous letter, has not been viewable. This is now attached in this document with some additional summary and charts to help visualize what the data found in the first table titled “Tree Function 581 Fox Hill Drive” means. Value of Trees Tagged on 581 Fox Hill Drive, Chanhassen The table titled “Function of Trees 581 Fox Hill Drive” is a way to give a fuller description and to visualize, the ecological goods and services that the 61 mature trees tagged for removal on this site provides. Included are some additional charts with an explanation, of the individual functions that each tagged tree provides. In each chart, there is a noticeable increase in the productivity of both the Northern Red Oaks and the Sugar Maple trees, as they reach a certain age and maturity. At age 80, 100 or 120 years, both the Oaks and Sugar Maples, increase their capacities to absorb carbon, and to release oxygen and moisture into the atmosphere, as well as cooling, and increased productivity continues as these trees age. Oaks have a life span of 400 years, and Sugar Maples 350 years. Oaks are one of the best species for absorbing carbon, with large canopies, dense wood, and a long lifespan. As Oaks capacity for carbon absorption (sequestration) wanes as they become very old, the enlarged leaf canopy makes compensation for this, and so continues these trees capabilities. On this location there are an additional 139 trees (53 mature oaks & 69 sugar maples) most of these trees are the same age and capacities, as those trees tagged for removal. While individual trees work as a carbon sink, the trees’ capacity to draw and absorb moisture and rain (biotic pump), and to sequester carbon, is enhanced and becomes even more efficient, when trees remain intact, such as a woodland within a developed ecosystem. In addition, this woodland becomes more efficient in function, because of the interconnected relationship with the wetlands, and both the trees and wetland are sustained through the groundwater flow. It is common practice, that when woodlands, ecosystems, and wetlands, do not have monetary value assigned to the functions they provide, then these functions usually go unseen, they are not valued or accounted for in the decisions related to deforestation and development, and their ecological function and the role they play, in sustaining life, becomes trivial and expendable. Without an understanding and inclusion of these principles in actions that can affect the environment, incomplete decisions are made, and unsound environmental practices persist. 417 Understanding Table “Function of Trees 581 Fox Hill Drive.” All calculations provided are measured as of the current age of the trees, tagged to be removed. DBH in inches refers to the diameter of each tree. Growth Factor is the annual rate of growth for each tree species. By multiplying the diameter by the growth rate, this gives an estimated age for each tree (10” sugar maple X 4=40 years). The trees circumference can also be calculated, once these metrics have been determined, which also serves as an indicator of the tree’s estimated age, maturity, and productivity. Approximate Life Span. This calculation gives an estimated lifespan of each tree species. Northern Oaks lifespan is 400 years, and Suga Maples is 350 years. In obtaining the lifespan, this helps to calculate estimates of the future ecological productivity of each species, and as they mature and through the duration of their lifespan. In addition, six (6) ecological tree functions are identified, calculated., and considered most vital in this table. Carbon Absorption (sequestration)is calculated in tons. This refers to the volume of carbon the Oaks and Sugar Maples can absorb and retain, and this is measured in tons. Oxygen Produced over time in tons. As these trees absorb carbon, and retain this in their trunks, bark, and leaves, they also release oxygen into the atmosphere, creating fresh air. In the charts, you will notice that as each tree reaches a certain age (80, 100, 120 years), their capacity to release oxygen also increases dramatically, and continues throughout the lifespan. Gallons of Water Evaporation. Each tree listed releases moisture into the atmosphere, through evaporation. This is measured in gallons. Cooling Effect in Days. This refers to the cooling effect trees contribute to balance the heat in the atmosphere and is measured in days. Mileage From Travel Negated in Plane.This refers to the amount of carbon emissions created by air (and car) travel, that is absorbed (sequestered) by trees, from the atmosphere. Number of People to Breathe.This refers to the amount of oxygen (clean air) that these trees release into the atmosphere, enabling humans to breathe and stay alive. (We found this metric difficult to understand, because it was not clear if this measures individual breaths or refers to the number of people who breathe oxygen produced by these trees. However, we included this measure and related calculations of productivity, because this is perhaps one of the trees’ most vital functions in sustaining life.) 418 Some Additional Information for Consideration Wetlands act as sponges that ameliorate droughts by storing water and releasing it to maintain river flows, long after the rain ceases Forests and woodlands soak up excess rainwater, preventing runoffs and damage from flooding. By releasing water in the dry season, forests and woodlands can also help clean water and mitigate the effects of drought. An Additional Concern While attempts have been made within the housing development proposal, to counteract the removal of 61 mature trees, and for these to be replaced with the planting of 22 young trees, this is not a balanced exchange of good and services. The 61 mature trees tagged for removal, have already entered and begun the most productive period of their lives.These trees are already working at optimum function, absorbing tons of carbon, releasing tons of oxygen, absorbing harmful nutrients, releasing moisture into the atmosphere through evaporation, balancing heat in the atmosphere through cooling, working as an efficient carbon sink, and biotic pump drawing moisture and rainfall. Whereas, these lovely young trees are at the beginning of their lives, and on the journey of maturation and full production of services. But this maturation will take 50 years. Therefore, this is not a balanced exchange. There will be a 50 deficit of ecological output and services. Final Summation Given the provided information, it is best practice to leave these woodlands intact, as a highly productive, efficient and refined ecosystem. These woods and wetlands are a highly efficient factory, producing ecological and biological energy, and creating and producing volumes of vital services, and at a massive rate. To intrude upon and to do damage to these woods and wetlands, is unsound practice, and is an environmental and personal travesty. These woods and wetlands are an asset for locals, visitors and for resident wildlife, and for future generations. Forever preserving and protecting these woods and wetlands and designating as a land heritage is the altruistic, and most sound course of action, and is the best option. 419 Table 1 420 Data Visualizations Chart 1 . This plot serves to illustrate the difficult to understand function that occurs when trees reach maturity (provide data for maturity of tree). Data represents the critical ecosystem services provided by mature Oak trees. As seen above, once the tree reaches an age of 100 years or more, the function increases dramatically. The trees destined for removal from the 581 Fox Hill Drive development are well over the age of 100 years so these are trees operating at peak efficiency, conducting critical services that would not be replaced by planting 22 saplings due to the time it takes for trees to reach maturity. This is an important reality for the situation of the 581 Fox Hill lot.Note that these services can be transformed into monetary terms, meaning that from an economic standpoint, mature trees are highly valuable in their role within the ecosystem and are economically valuable in their ability to offset carbon dioxide emissions and produce oxygen for us to breathe. ----- The plots below represent the same effect, as the tree ages and reaches maturity, its capacity to provide critical services increase. Chart 2. 0 500 1000 1500 2000 2500 0 20 40 60 80 100 120 140Value in tonsAge of Trees Age of Tree versus Oxygen and Carbon Oxygen Produced Carbon Stored 421 Chart 3. Chart 4. 0 5000 10000 15000 20000 0 20 40 60 80 100 120 140Water Released in TonsAge of Tree Water release into atmosphere by evaporation 0 20 40 60 80 100 120 0 20 40 60 80 100 120 140Cooling EffectAge of Tree Cooling Effect 422 Chart 5. 0 1000 2000 3000 4000 5000 6000 0 20 40 60 80 100 120 140Miles NegatedAge of Tree Mileage negated in a Commercial Airplane 0 500000 1000000 1500000 2000000 2500000 0 20 40 60 80 100 120 140Breaths ProducedAge of Tree Number of breaths produced 423 Request for Consideration Regarding the Fox Hill Development Prepared for The Chanhassen Planning Commission And The Chanhassen City Council November 11, 2022 Dear Ms. Al-Jaff, Ms. Aanenson, Mayor Ryan and Counsel Members Campion, Rehem, Schubert and McDonald, I am writing on behalf of the Lang and Cervilla families, neighbors to 581 Fox Hill, the proposed development site for the Fox Hill Project. We wrote previously along with many neighbors to express our concerns about the replacement of dear woods with the planned development and we understand that those concerns were addressed to a degree in the revised October 21 version of the development plan. The Langs and I have written previously to express concern with the placement of a future road connecting Big Woods Boulevard to Fox Hill Drive that was illustrated in the first Fox Hill Development plan. That future road placement would cut into the lake shore parcels of our properties significantly more than a previously agreed upon placement. In 2005 a proposal was put forward by the Langs, me and two other neighbors. That proposed a road that essentially would leave each of us with about an acre of lake shore and lots to be developed bordering Carver Beach Road, Fox Hill Road and Big Woods Boulevard. That plan was not implemented and the 4 ½ acres of woods remained undeveloped until a neighbor sold a lot on Big Woods and on Carver Beach that have been developed recently. A stub off of Big Woods Boulevard reflects the 2005 planned future road placement. The last time the Langs and I were involved or even included in a discussion about future development and the impact on us was in 2005. Our last request, prior to the last City Council meeting to consider the development, was to ask for the Fox Hill Development proposed road to be reconsidered since it cut 13,000 square feet out of the future lake shore on my property at 650 Carver Beach Road and another 3,600 square feet out of the future lake shore on the Lang’s property at 640. The current ghost plat shows no stub off of Fox Hill Road so that there would be no way to connect Fox Hill to Big Woods Boulevard in the future other than what is currently shown in a ghost plat as a turn around circle that sits on my property. This absolves the Fox Hill Development of having to deal with a road at all and instead, and rather artfully, dumps the future access road on us. The reflected turn around circle is about 120 feet across and cuts closer to the lake than the previous proposed Fox Hill Development future road. This impacts us significantly and, amazingly, even more than the previous plan: 424 The last time we agreed on future road placement in 2005, my lake lot was 45,000 square feet. The first proposal for the Fox Hill Development left me with a 32,000 square foot lake shore lot. The new ghost plot leaves my lake lot at about 30,000 square feet a 33% decrease in my lake lot in the future from what I agreed to in the past. The Langs lose about 4,000 square feet. The circle will result in about 15,400 square feet of pavement and easement on the property and will cut into a hill on my property so there will be grading or a retaining wall needed and therefore likely more land lost in that process. With about a third of an acre of traffic circle pavement a few hundred feet from Lotus Lake, it would take some very good planning to protect Lotus Lake from the resulting run off. The difference to the Langs and to me in the original road placement (2005 - the last time we were involved in planning or informed of impacts on us) and the current ghost plat is the loss of 27,986 square feet or .643 acres. The biggest lot in the Fox Hill Development is .555 acres so we’re being asked to give up in future land 1.16 times the size of the largest lot in the Fox Hill Development. We don’t think this is reasonable. The difference in tax appraised value of lake shore property and non lake shore property in our neighborhood is $11.57 per square foot. That means that the value of future lost land is $11.57 times the difference in what we agreed to and the current proposed plat. The arithmetic is ugly from our point of view. In short, without plans for a future road stub off of Fox Hill, the Fox Hill Development plan takes away .642 acres of our lake shore land in the future and paves a third of an acre on what is now our front lawns. We adamantly object to the Fox Hill Development plan for a future traffic circle on our properties. If this plan goes forward it will certainly impact the value of our land in the future and most certainly would impact our lifestyle and our environment as we see it. Please consider asking the Fox Hill Development team to put the future road plan back to where it was the last time the Langs and I agreed to it. We’re asking for a plan for a future road that can serve possible future development on our properties without sacrificing valuable lake shore and that wouldn’t impact the trees currently on the area marked for a future stub and road unless or until we wanted to develop our properties. Thank you for your consideration, Connie Cervilla Karen and Jon Lang 425 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE:Application of Denali Custom Homes for a Three Lot Subdivision On July 19, 2022 and September 20, 2022, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application to subdivide 2.47 acres into four single- family lots and one outlot and a variance to allow a 50-foot public right-of-way. The Planning Commission conducted a public hearing on the proposed development which was preceded by published and mailed notice. Since the date of the public hearing, the applicant amended the plans to remove the 50-foot Right-of-Way, such that no variance is required. The Planning Commission heard testimony from all interested persons wishing to speak and made the following Findings of Fact on the remaining application. FINDINGS OF FACT 1.The property is currently zoned RSF, Single-Family Residential. 2.The property is guided in the Land Use Plan for Residential – Low Density (1.2 – 4.0 units per net acre). 3.The legal description of the property is attached as Exhibit A. 4.The Subdivision Ordinance directs the City Council to consider seven possible adverse effects of the proposed subdivision. The seven (7) effects and our findings regarding them are: a)The proposed subdivision is consistent with the zoning ordinance; b)The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the City's Comprehensive Plan; c)The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater drainage are suitable for the proposed development; d)The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; e)The proposed subdivision will not cause environmental damage; 426 f)The proposed subdivision will not conflict with easements of record; and g)The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1.Lack of adequate stormwater drainage. 2.Lack of adequate roads. 3.Lack of adequate sanitary sewer systems. 4.Lack of adequate off-site public improvements or support systems. 5.The planning report Planning Case 2022-10, dated November 14, 2022, prepared by Sharmeen Al-Jaff, et al, is incorporated herein. RECOMMENDATION The City Council hereby approves the proposed development of a Subdivision of 2.47 acres into three lots and one outlot. ADOPTED by the City Council this 14th day of November 2022. CHANHASSEN CITY COUNCIL BY:_______________________________ Elise Ryan, Mayor g:\plan\2022 planning cases\22-10 581 fox hill dr pp and fp\findings of fact november 14 2022.doc 427 EXHIBIT A Legal Description: The Land is described as follows: That part of Government Lot 8 in Section 1, Township 116, Range 23, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 121.029 feet Southeasterly from the point of intersection of the center line of said Lakeview Drive with the center line of Fern Road; thence Southeasterly along the center line of said Lakeview Drive 25 feet; thence North 75 degrees 07 minutes East to the high water mark of Long Lake (also known as Lotus Lake); thence Northerly along the high water mark of said lake 25 feet, more or less, to its intersection with a line bearing North 75 degrees 07 minutes East from the point of beginning; thence South 75 degrees 07 minutes West 866.5 feet, more or less, to point of beginning. Above mentioned Lakeview Drive and Fern Road being shown on the plat of CARVER-BEACH, according to the recorded plat thereof. Subject to an easement granted to the Northern States Power Company July 22nd, 1941. and Beginning at a point in the center line of Lakeview Drive, distant 20.172 feet on a bearing of South 22 degrees 21 minutes 40 seconds East from the point formed by the intersection of said Lakeview Drive and Fern Road as shown on the map entitled CARVER-BEACH, according to the recorded plat thereof; and running from thence along the Southerly line of Fern Road on a bearing of North 75 degrees 07 minutes 00 seconds East, a distance of 880 plus or minus feet to the high water mark of Long Lake; thence in a Southerly direction along the high water mark of said Long Lake 100 plus or minus feet to a point 100 feet at right angles to the first course, when said course is projected; thence on a course of South 75 degrees 07 minutes 00 seconds West a distance of 873 feet plus or minus, to a point in the center line of Lakeview Drive, distant 121.029 feet in a Northwesterly direction from the intersection of Lakeview Drive and Fern Road; thence along the center line of Lakeview Drive on a course of North 22 degrees 21 minutes 40 seconds West a distance of 100.857 feet to the point of beginning. Torrens Property - Certificate of Title No. 34797.0 Address:581 Fox Hill Dr., Chanhassen, MN PID & Acreage:250010200, 2.47 Acres 428 November 14, 2022 Dear City Council Members, First and foremost, I’d like to thank everyone for listening to the residents’ concerns with the potential impact of the initially proposed development and coming up with a better solution. The beautiful natural habitat that Fox Hill Drive offers has been a unique and welcoming place to view for so many people all year around as they take family walks along the road, often pausing to enjoy the view, and even strangers taking their family photos with the beautiful trees as the backdrop is something that many people take for granted. I’ve reviewed the most recent plans for the 581 Fox Hill Drive pr oposal filed late October 2022. While I appreciate everyone’s understanding and accompaniment with the newly proposed plat, I, along with many neighbors, still have concerns that have not been adequately addressed. My largest concern is still in regards to the drainage. This year has been a very dry year with precipitation at a nearly all-time low. Below is the year-to-date precipitation chart from MN DNR’s website and the details showing this year being just one inch more than the driest year to date. With all required tests having been taken during a low precipitation year, therefore invalid as a typical baseline, my concerns are that there are still existing homes/property that, despite the new plans, will have issues when precipitation is back to normal. The neighbor near the bottom of Carver Beach and Fox Hill Drive will likely not experience as many issues as initially proposed with the new plans now having the home on the corner of Fox Hill Drive and Carver Beach Road eliminated. However, the immediate neighbor to the Awes’ future home doesn’t seem to get the attention and concerns it should. Originally noted in the 7-19-22 staff report was that drainage from the private south parcel drains to the wetland in the middle of the woods. This is not fully accurate, as there is a hill where the water drains towards the lake and private south homestead. With three homes from the top of the hill between 950-960ft elevation (per the City of Chanhassen’s GIS contouring site) and a quick drop to 429 930ft elevation (where the private south residence in question is), I fear the slope and water, as well as all the natural absorption of the mature trees, will only lead to water damage and ongoing issues for this homeowner. Additionally, this is a lot of change to a natural drainage space that has been here for hundreds of years. There are always unforeseen/negative impacts introduced when you change the variables within a naturally developed ecosystem. I would like to hear from the City and the owners what provisions and reparations will be made available when neighbors’ homes or roads have damage due to this construction project. What will the recourse be when the people who have lived here for decades are beginning to experience flooding, erosion, or other costly home issues? With so many warnings and reminders from those who live and have lived here about the land, who’s financially responsible for the mistakes? It should be not on those who have spoken up against this project if inaccurate information is being used to create plans for future development. Lastly, in a recent change.org petition regarding Lotus Lake Woods of which over 340 people have signed (over 100 of those within the first 24 hours)there are so many people who understand the rare beauty found here. To find that “wild, alluring and rare” gem in a suburban landscape, and to want to put houses rather than to enjoy the history and beauty it holds is beyond me. There are people who have spoken up who are interested in purchasing the lots to keep them as they are. I recall that Councilman Perry inquired whether the City could purchase a portion at fair market value in both the July and September meetings, with the owners suggesting they were not interested. Taking down what people have admired about this area doesn’t seem like a nature- first and neighbor-first way to come into a new community. There were, and still are, many lake options on the market that wouldn’t require the need to alter and permanently destroy the landscape that an entire neighborhood has banded together to love and protect. Thank you for your time and consideration. Francesca and Chris Landon 620 Fox Hill Drive Chanhassen, MN 55317 430 City Council Item November 14, 2022 Item 2022 Building Permit Activity File No.Item No: J.1 Agenda Section CORRESPONDENCE DISCUSSION Prepared By Jenny Potter, Sr. Admin Support Specialist Reviewed By SUGGESTED ACTION Correspondence Motion Type N/A Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 2022 Building Permit Activity October YTD 431 2022 Building Permit Activity October YTDCity ofChanhessen 7700 Market Boulevard Chanhassen, MN 55317 952-227-tt00 Residential Single-Family l5 l0 t4 3 42 Residential Tounhomes 0 0 0 0 0 Apartm€nts/Senior Facilities 0 0 0 0 Total Residential l5 l0 l4 3 42 Residential Building Permits l'r Quarter 2d Quarter 3'd Quarter 46 Qurrter Total YTD New I 0 I 0 2 Redeveloped 0 0 0 0 0 Remodeled l5 t4 2 5l Total Commercial l6 l0 25 2 53 1'.1 88 '15 '72 53 53Residential To\tr'nlome Lots 53 53 Total -4.r'ailable Lots 130 l4t 128 125 Available Lot Inventory (erd of Querter)l" Quarter 2od Qurrter 3'd Qusrter 4'b Qusrter Single-Family 55 49 40 68 98 Touthomes l2 56 l8 0 0 0 0 l l0Aparments/Senior Facilities Commercial 67 58 62 66 '74 53 Total Number of All Permits t34 43t 120 t34 282 95 )20t7 20t8 22019 2022 g:\admirvoms\building permn activity 2022 ),td.doc 0 Commercial Building Permits l" Qurrter 2"d Quarter 3d Quarter 4'i Quarter Total YTD l0 Single-Family Los Total Permit History 2021 268 0 0 n 432 a8E ta aa.a ?:c 9:iiE =z.= € e 1 8 a : : :. : az e ez ea9 ":e I : c z== : :!3? ! 6 E E z E z 2 E t !Ii IIIIII ilt illilt I I T I I I II I I I I ! I III Iilt II I I f, ilt II [[I ? !, .- :: ffi E = = 433 City Council Item November 14, 2022 Item 2022 Housing Policy and Production Survey Report File No.Item No: J.2 Agenda Section CORRESPONDENCE DISCUSSION Prepared By Jenny Potter, Sr. Admin Support Specialist Reviewed By SUGGESTED ACTION N/A Motion Type N/A Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 2022 Housing Policy and Production Survey Report 434 Housing Policy and Production Survey Report Highlighting data from the 2022 survey A Regional Look at Affordable Housing The 2022 Housing Policy and Production Survey asked all potential Livable Communities Act (LCA) participants in the Twin Cities region about their affordable housing efforts in 2021. Affordable Units Reported Completed in 2021 Affordable projects were projects that did not include any market rate units New Affordable Units in 2021 by Project Type Of all new construction units reported, 23% were created in mixed income projects, all of which were in urban and urban center cities. Active Affordable Housing Policies Reported for 2021 In 2022, 63 of 100 communities participated in the annual survey. The survey asked about affordable units created through new construction or preservation, and at what level of Area Median Income (AMI) rent and income restriction, as well as policies and programs to create more affordable housing options. Out of the 350 deeply affordable units reported (new construction or preservation) in 2021, 20% were restricted for seniors and 3% for the high-priority homeless population. How Can We Help? Highlights from what cities said they would like Met Council support in: More funding for affordable housing 2021 Deeply Affordable Units by Restriction 2021 Housing Highlights from Around the Region ...used TIF funding in conjunction with the local Inclusionary Housing Ordinance to secure affordability in three new projects...comprising of approximately 910 total units. We are securing not only the statutorily required 20% affordable to HHs at/below 50% AMI for the max term of 26 years but also 5% affordable at/below 80% AMI in perpetuity....-Eden Prairie The city has utilized Planned Unit Development (PUD) ordinances to allow for a mixture of housing types that did not make up large percentages of housing inventory stock before. -Jordan ...amended its First Time Homeownership Loan guidelines to include a zero-percent interest loan for first generation homebuyers... Woodbury has issued three first generation homebuyer loans to date.-Woodbury ...the city has been working with two different student groups associated with the Humphrey School and the Center for Urban and Regional Affairs’ Resilient Communities Project to develop an impactful and sustainable single-family housing rehabilitation program. -Maplewood “Minneapolis Homes: Financing was launched in 2021. In the first two years of the program 190 affordable ownership housing units were approved. Half of the units are affordable to buyers below 80% AMI and half of the units are affordable below 60% AMI. Two-thirds of the units will remain perpetually affordable through shared equity housing models.” -Minneapolis Community education on the benefits of affordable housing Data and resource support Guidelines for engagement and meeting equity criteria $ * The (5) 61-80% AMI units are all ownership units, which are considered affordable at 80% AMI and below (these were the total ownership units reported completed in 2021) For a more in-depth look at the tools that were used to create affordable housing, take a look at the community designation pages. Deeply Affordable Units are defined affordable at 30% AMI or lower Please let us know your feedback on this report: https://forms.office.com/g/9LJd1FkHbT 435 Housing Policy and Production Survey Report Highlighting data from the 2022 survey Affordable Housing by Community Designation: Urban Center Affordable Units Reported Completed in 2021In 2022 8 cities participated in the Housing Policy and Production Survey in the Urban Center community designation: Barriers to Building Affordable Housing “Rising construction costs and land values make new development very expensive” “Creating units affordable at 30% AMI continues to be a challenge due to the funding gap created in developing 30% affordable units.” “The increasing complexity of funds and capital stacking is incredibly onerous and adds so much time and cost to projects.” “our [HRA] program is too small to be able to provide our own project-based vouchers to a project.” * The (1) 61-80% AMI unit is an ownership unit, which are considered affordable at 80% AMI and below (these were the total ownership units reported completed in 2021 for this community designation) Columbia Heights Hopkins Minneapolis Richfield Robbinsdale South St. Paul St. Louis Park St. Paul West St. Paul Cities that adopted a new housing related policy in 2021: Robbinsdale Tenants’ Rights Policy+ Highlights from upcoming plans and projects: • • • • Project Tools Used to Create Affordable Housing in 2021 Households served by affordable housing programs in 2021 “There isn’t sufficient tax credit or tax exempt bond funds available to meet the need.” • From new construction units with affordable units that reported a total development cost completed in 2021 Only includes households reported by the city or county. Some cities did not report any households served, and the county reported households served for some cities that did not complete the survey 436 Housing Policy and Production Survey Report Highlighting data from the 2022 survey Affordable Housing by Community Designation: Urban Affordable Units Reported Completed in 2021In 2022 12 Urban community designation cities participated in the Housing Policy and Production Survey: Barriers to Building Affordable Housing “Moving forward, the biggest challenges will be maintaining political will and support for implementation of the Comprehensive Plan...” “Identifying and receiving funding to build housing at those deeper affordability levels.” “Land owners interest in selling their land at a reasonable price” “The City is built out so land costs are high and opportunity is mostly redevelopment. This makes it difficult to build at a large scale.” * The (1) 61-80% AMI unit is an ownership unit, which are considered affordable at 80% AMI and below (these were the total ownership units reported completed in 2021 for this community designation) Bloomington Brooklyn Center Crystal Edina Fridley Golden Valley Lauderdale Maplewood New Brighton New Hope Newport Roseville Cities that adopted a new housing related policy in 2021: Roseville Equity in Development and Hiring Policy++ Highlights from 2021 efforts to meet housing goals: • • • • Project Tools Used to Create Affordable Housing in 2021Households served by affordable housing programs in 2021 Edina Housing Improvement Area++From new construction units with affordable units that reported a total development cost completed in 2021 “The complexity of the issues relative to staff capacity.” • Only includes households reported by the city or county. Some cities did not report any households served, and the county reported households served for some cities that did not complete the survey 437 Housing Policy and Production Survey Report Highlighting data from the 2022 survey Affordable Housing by Community Designation: Suburban Affordable Units Reported Completed in 2021In 2022 18 Suburban community designation cities participated in the Housing Policy and Production Survey: Barriers to Building Affordable Housing “...community opposition in the permitting stages frequently leads to increased costs and delays in many affordable housing projects.” “The lack of transit makes deeply affordable housing difficult to support in our community as we are traditionally car dependent.” “Funding to meet deeply subsidized affordable housing goals” “...timing as some developments do not follow the twice a year timing for grant funding.” Apple Valley Arden Hills Brooklyn Park Coon Rapids Eagan Eden Prairie Little Canada Mahtomedi Mendota Minnetonka Minnetonka Beach Cities that adopted a new housing related policy in 2021: Eagan Fair Housing Policy++ • Project Tools Used to Create Affordable Housing in 2021 Households served by affordable housing programs in 2021 Eden Prairie Mixed-Income (inclusionary) Housing Policy++ From new construction units with affordable units that reported a total development cost completed in 2021 “Rising land costs, construction costs and financing costs are making affordable projects more difficult.” Mounds View Oakdale Savage Shoreview Vadnais Heights Wayzata White Bear Lake • • • • Only includes households reported by the city or county. Some cities did not report any households served, and the county reported households served for some cities that did not complete the survey Highlights from upcoming plans and projects: “The City of Shoreview adopted a formal inclusionary housing policy in 2022” “The City of Eagan is currently exploring a rental licensing program and expects to have it in place in 2023.” “In partnership with the Dakota County CDA...a 172 unit senior apartment and town home development with 20 percent, 36 units, affordable at 50 percent of median income.” -Shoreview -Eagan -Apple Valley 438 Housing Policy and Production Survey Report Highlighting data from the 2022 survey Affordable Housing by Community Designation: Suburban Edge Affordable Units Reported Completed in 2021In 2022 8 Suburban Edge community designation cities participated in the Housing Policy and Production Survey: Barriers to Building Affordable Housing “The instability of manufactured home ownership is also a barrier to preserving that affordable housing source.” “The high inflationary environment that has increased housing prices, land prices, labor costs, lumber cost, and other construction costs, has made it more difficult to build new affordable housing.” Blaine Chaska Inver Grove Heights Lakeville Maple Grove Plymouth Shakopee Woodbury Cities that adopted a new housing related policy in 2021: Blaine Accessory Dwelling Unit (ADU) policy++ Highlights from upcoming plans and projects: • Project Tools Used to Create Affordable Housing in 2021 Households served by affordable housing programs in 2021 From new construction units with affordable units that reported a total development cost in 2021 “older projects with affordability restrictions and NOAH properties....it continues to be difficult to respond to properties that potentially will come up on the market for sale in a timely manner to continue to preserve ongoing rental affordability...” From substantial rehab units with affordable units that reported a total development cost in 2021 • • Only includes households reported by the city or county. Some cities did not report any households served, and the county reported households served for some cities that did not complete the survey No Preservation units were reported compelted in 2021 for this community designation “Develop rental housing licensing program that requires life/safe- ty building code inspection of rental homes to improve/maintain quality of that housing stock for residents” “We are working with Scott County on the development of a min- imum of 8 affordable land trust homes... [and] We are working with Scott County on annexation and expansion / provision of sewer and water services to Bonnevista Terrace, a large manu- factured home community.” “The City will monitor the availability of housing choice vouchers in the community and identify potential pilot programs to leverage this tool.” -Inver Grove Heights -Shakopee -Woodbury 439 Housing Policy and Production Survey Report Highlighting data from the 2022 survey Affordable Housing: Emerging Suburban Edge Affordable Units Reported Completed in 2021In 2022 11 Emerging Suburban Edge cities participated in the Housing Policy and Production Survey: Barriers to Building Affordable Housing “Construction costs and lack of transit opportunities are the largest impediment to meeting local affordable/life cycle housing goals.” “Construction costs, water pressure, water access issues...” “...land and development costs can make it difficult for builders to construct housing, especially single-family homes.” “While the City has reduced requirements for lots sizes and increased housing densities, developers continue to maximize the housing constructed in these areas.” * The (3) 61-80% AMI unit is an ownership unit, which are considered affordable at 80% AMI and below (these were the total ownership units reported completed in 2021 for this community designation) No Preservation units were reported compelted in 2021 for this community designation Carver Chanhassen Hastings Hugo Lake Elmo Lino Lakes Medina Prior Lake Rosemount St. Paul Park Waconia Cities that adopted a new housing related policy in 2021: Lake Elmo Active Code Enforcement Program++ • Project Tools Used to Create Affordable Housing in 2021Households served by affordable housing programs in 2021 “The limited number of developers looking to develop these types of projects.” • • • • Only includes households reported by the city or county. Some cities did not report any households served, and the county reported households served for some cities that did not complete the survey Highlights from 2021 efforts to meet housing goals: 440 Housing Policy and Production Survey Report Highlighting data from the 2022 survey Affordable Housing by Community Designation: Rural Centers In 2022 4 Rural Center community designation cities participated in the Housing Policy and Production Survey: Barriers to Building Affordable Housing “Supply chain and labor shortages. Increasing interest rates and uncertainty about inflation/economy in general.” “Physical challenges with high percentage of landcover being wetlands and the proximity to the river. This makes development more complicated and expensive.” “Limited interest in active subsidy options to developers for affordable housing from the City Council.” Belle Plaine Jordan New Germany St. Francis Cities that adopted a new housing related policy in 2021: St. Francis Accessory Dwelling Unit (ADU) policy++ • Households served by affordable housing programs in 2021 “Staff shortages and limited capacity, even with a full staff.” Highlights from upcoming plans to meet housing goals: • • • “The city has utilized Planned Unit Development (PUD) ordinances to allow for a mixture of housing types that did not make up large percentages of housing inventory stock before. The city recently approved of the Beaumont Bluffs subdivision that will provide for villas and townhomes, the Jordan Apartment mixed use building that will provide for 72 market rate multi-family units, and Bridle Creek 11th and 12th, that will provide for single family detached townhome units.”- Jordan “Work session discussion with elected officials regarding need and prospects for development of additional affordable units. Code review to provide for increased density and limitation of single-family only zoning classifications. Pursue preservation of NOAH unit in downtown core as public improvement project proceeds. Support local manufactured housing park operator, including resolution of direct metering/billing of utility usage.”- Belle Plaine Affordable Housing by Community Designation: Diversified Rural In 2022 1 Diversified Rural community designation city participated in the Housing Policy and Production Survey: Independence Households served by affordable housing programs in 2021 Only includes households reported by the city or county. Some cities did not report any households served, and the county reported households served for some cities that did not complete the survey Only includes households reported by the city or county. Some cities did not report any households served, and the county reported households served for some cities that did not complete the survey 441