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Agenda and PacketAGENDA CHANHASSEN CITY COUNCIL MONDAY, MARCH 9, 2020 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD A.WORK SESSION Note:  Work sessions are open to the public.If the City Council does not complete the work session items in the time allotted, the remaining items will be considered after the regular agenda. 1.5:00 P.M. ­ Commission Interviews 2.5:45 P.M.­ Discuss Commission Appointments 3.Discuss Warranty Radio Replacements for Utility Billing System 4.Key Financial Strategy: Study and Consider Inflow and Infiltration (I&I) Initiatives B.CALL TO ORDER C.PUBLIC ANNOUNCEMENTS D.CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the city council and will be considered as one motion.  There will be no separate discussion of these items.  If discussion is desired, that item will be removed from the Consent Agenda and considered separately.  City council action is based on the staff recommendation for each item.  Refer to the council packet for each staff report. 1.Approve City Council Minutes dated February 24, 2020 2.Receive Planning Commission Minutes dated February 18, 2020 3.Approve a Request for Sign Variances for the Existing Monument Sign Located at 306 West 78th Street (Chapel Hill) 4.Approve Memorandum of Understanding between City of Chaska, City of Chanhassen and Carver Trails Group for Mountain Bike Trails 5.Agreement for Carver County Conveyance of Real Property Located Within City of Chanhassen for Public Use as Receational Trail for Off­Road Bikes 6.Resolution 2020­XX: Parcel Exchange Agreement with Riley Purgatory Bluff Creek Watershed District for CSAH 101 Improvements 7.Resolution 2020­XX: Haak Property Parcel Transfer to Riley Purgatory Bluff Creek Watershed District AGENDACHANHASSEN CITY COUNCILMONDAY, MARCH 9, 2020CHANHASSEN CITY HALL, 7700 MARKET BOULEVARDA.WORK SESSIONNote:  Work sessions are open to the public.If the City Council does not complete the worksession items in the time allotted, the remaining items will be considered after the regularagenda.1.5:00 P.M. ­ Commission Interviews2.5:45 P.M.­ Discuss Commission Appointments3.Discuss Warranty Radio Replacements for Utility Billing System4.Key Financial Strategy: Study and Consider Inflow and Infiltration (I&I) InitiativesB.CALL TO ORDERC.PUBLIC ANNOUNCEMENTSD.CONSENT AGENDAAll items listed under the Consent Agenda are considered to be routine by the city council andwill be considered as one motion.  There will be no separate discussion of these items.  Ifdiscussion is desired, that item will be removed from the Consent Agenda and consideredseparately.  City council action is based on the staff recommendation for each item.  Refer to thecouncil packet for each staff report.1.Approve City Council Minutes dated February 24, 20202.Receive Planning Commission Minutes dated February 18, 20203.Approve a Request for Sign Variances for the Existing Monument Sign Located at306 West 78th Street (Chapel Hill)4.Approve Memorandum of Understanding between City of Chaska, City ofChanhassen and Carver Trails Group for Mountain Bike Trails5.Agreement for Carver County Conveyance of Real Property Located Within City ofChanhassen for Public Use as Receational Trail for Off­Road Bikes6.Resolution 2020­XX: Parcel Exchange Agreement with Riley Purgatory Bluff CreekWatershed District for CSAH 101 Improvements 7.Resolution 2020­XX: Haak Property Parcel Transfer to Riley Purgatory Bluff Creek Watershed District 8.Resolution 2020­XX: Approve Entering into a Cooperative Agreement with MnDOT for the Highway 101 Planting Project 9.2020 Chanhassen Farmers' Market Agreement 10.2020 CIP Vehicle Purchases 11.2020­2022 4th of July Fireworks Contract 12.Highway 101 Lower Minnesota River Watershed District Maintenance Agreement E.VISITOR PRESENTATIONS Visitor Presentations requesting a response or action from the City Council must complete and submit the Citizen Action Request Form (see VISITOR GUIDELINES at the end of this agenda) 1.Elizabeth Provinzino Citizen Action Request 2.Joe Provinzino Citizen Action Request F.OLD BUSINESS G.PUBLIC HEARINGS H.NEW BUSINESS 1.Resolution No. 2020­XX: Award of bid for Sale of $6,795,000 General Obligation Utility Revenue Bonds, Series 2020A for various City 2020 and 2021 Utility System Improvements 2.Commission Appointments I.COUNCIL PRESENTATIONS J.ADMINISTRATIVE PRESENTATIONS K.CORRESPONDENCE DISCUSSION 1.Review of Claims Paid 03­09­2020 2.Letter from Minnetonka Public Schools to Sen. David Osmek and Rep. Kelly Morrison 3.2020 Building Permit Activity February Year To Date L.ADJOURNMENT M.GUIDELINES GUIDELINES FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council Meeting.  In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council.  That opportunity is provided at every regular City Council meeting during Visitor Presentations. Anyone seeking a response or action from the City Council following their presentation is required to complete and submit a Citizen Action Request Form. An online form is available at https://www.ci.chanhassen.mn.us/action or paper forms are available in the city council chambers prior to the meeting. Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City AGENDACHANHASSEN CITY COUNCILMONDAY, MARCH 9, 2020CHANHASSEN CITY HALL, 7700 MARKET BOULEVARDA.WORK SESSIONNote:  Work sessions are open to the public.If the City Council does not complete the worksession items in the time allotted, the remaining items will be considered after the regularagenda.1.5:00 P.M. ­ Commission Interviews2.5:45 P.M.­ Discuss Commission Appointments3.Discuss Warranty Radio Replacements for Utility Billing System4.Key Financial Strategy: Study and Consider Inflow and Infiltration (I&I) InitiativesB.CALL TO ORDERC.PUBLIC ANNOUNCEMENTSD.CONSENT AGENDAAll items listed under the Consent Agenda are considered to be routine by the city council andwill be considered as one motion.  There will be no separate discussion of these items.  Ifdiscussion is desired, that item will be removed from the Consent Agenda and consideredseparately.  City council action is based on the staff recommendation for each item.  Refer to thecouncil packet for each staff report.1.Approve City Council Minutes dated February 24, 20202.Receive Planning Commission Minutes dated February 18, 20203.Approve a Request for Sign Variances for the Existing Monument Sign Located at306 West 78th Street (Chapel Hill)4.Approve Memorandum of Understanding between City of Chaska, City ofChanhassen and Carver Trails Group for Mountain Bike Trails5.Agreement for Carver County Conveyance of Real Property Located Within City ofChanhassen for Public Use as Receational Trail for Off­Road Bikes6.Resolution 2020­XX: Parcel Exchange Agreement with Riley Purgatory Bluff CreekWatershed District for CSAH 101 Improvements7.Resolution 2020­XX: Haak Property Parcel Transfer to Riley Purgatory Bluff CreekWatershed District8.Resolution 2020­XX: Approve Entering into a Cooperative Agreement with MnDOTfor the Highway 101 Planting Project9.2020 Chanhassen Farmers' Market Agreement10.2020 CIP Vehicle Purchases11.2020­2022 4th of July Fireworks Contract12.Highway 101 Lower Minnesota River Watershed District Maintenance AgreementE.VISITOR PRESENTATIONSVisitor Presentations requesting a response or action from the City Council must complete andsubmit the Citizen Action Request Form (see VISITOR GUIDELINES at the end of this agenda)1.Elizabeth Provinzino Citizen Action Request2.Joe Provinzino Citizen Action RequestF.OLD BUSINESSG.PUBLIC HEARINGSH.NEW BUSINESS1.Resolution No. 2020­XX: Award of bid for Sale of $6,795,000 General ObligationUtility Revenue Bonds, Series 2020A for various City 2020 and 2021 Utility SystemImprovements2.Commission AppointmentsI.COUNCIL PRESENTATIONSJ.ADMINISTRATIVE PRESENTATIONSK.CORRESPONDENCE DISCUSSION1.Review of Claims Paid 03­09­20202.Letter from Minnetonka Public Schools to Sen. David Osmek and Rep. KellyMorrison3.2020 Building Permit Activity February Year To DateL.ADJOURNMENTM.GUIDELINES GUIDELINES FOR VISITOR PRESENTATIONSWelcome to the Chanhassen City Council Meeting.  In the interest of open communications, the Chanhassen CityCouncil wishes to provide an opportunity for the public to address the City Council.  That opportunity is providedat every regular City Council meeting during Visitor Presentations.Anyone seeking a response or action from the City Council following their presentation is required tocomplete and submit a Citizen Action Request Form. An online form is available athttps://www.ci.chanhassen.mn.us/action or paper forms are available in the city council chambers prior tothe meeting. Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue.  Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the Council. During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion or request. Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Tequila Butcher, 590 West 79th Street in Chanhassen immediately after the meeting for a purely social event. All members of the public are welcome. CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject 5:00 P.M. ­ Commission Interviews Section WORK SESSION Item No: A.1. Prepared By Kim Meuwissen, Office Manager File No: ADM 146G SUMMARY During work session, the Council will interview the following applicants: 5:00 Linda Haight (SC) 5:15 Mark von Oven (PC) 5:30 Brandon Carmack (PC)­WITHDRAWN ON 3/9/20 Paper copies of the applications and interview questionnaires will be provided to the city council for their convenience. BACKGROUND PLANNING COMMISSION Two 3­year positions The terms of Commissioners John Tietz and Mark Undestad are expiring. A total of six (6) new applications have been received; three (3) of which have withdrawn. PARK & RECREATION COMMISSION Three 3­year positions The terms of Commissioners Hayley Schubert, Karl Tsuchiya, and Meredith Petouvis are expiring. Hayley Schubert and Karl Tsuchiya have reapplied. A total of four (4) new applications were received; two (2) of which have withdrawn. One 1­year youth positions Zoe Erpelding was recently appointed to the Commission. No new applications were received. ENVIRONMENTAL COMMISSION Two 3­year positions The terms of Commissioners Rachel Popken and Keith Butcher are expiring.  Three (3) new applications have been received. SENIOR COMMISSION One or Two 3­year positions and One 1­year position The terms of Commissioners Carol Buesgens and Jerry Cerchia are expiring.  Jerry Cerchia has reapplied. Four (4) new applications have been received. NOTE: The Senior Commission bylaws allow for the appointment of 7 or 8 commissioners. DISCUSSION Immediately after the interviews, City council will have an opportunity to review and discuss all interviewed applicants. CITY COUNCIL STAFF REPORTMonday, March 9, 2020Subject5:00 P.M. ­ Commission InterviewsSectionWORK SESSION Item No: A.1.Prepared By Kim Meuwissen, Office Manager File No: ADM 146GSUMMARYDuring work session, the Council will interview the following applicants:5:00 Linda Haight (SC)5:15 Mark von Oven (PC)5:30 Brandon Carmack (PC)­WITHDRAWN ON 3/9/20Paper copies of the applications and interview questionnaires will be provided to the city council for their convenience.BACKGROUNDPLANNING COMMISSIONTwo 3­year positions The terms of Commissioners John Tietz and Mark Undestad are expiring.A total of six (6) new applications have been received; three (3) of which have withdrawn.PARK & RECREATION COMMISSIONThree 3­year positions The terms of Commissioners Hayley Schubert, Karl Tsuchiya, and Meredith Petouvis are expiring.Hayley Schubert and Karl Tsuchiya have reapplied.A total of four (4) new applications were received; two (2) of which have withdrawn.One 1­year youth positions Zoe Erpelding was recently appointed to the Commission.No new applications were received.ENVIRONMENTAL COMMISSIONTwo 3­year positions The terms of Commissioners Rachel Popken and Keith Butcher are expiring. Three (3) new applications have been received.SENIOR COMMISSIONOne or Two 3­year positionsandOne 1­year position The terms of Commissioners Carol Buesgens and Jerry Cerchia are expiring.  Jerry Cerchia hasreapplied.Four (4) new applications have been received.NOTE: The Senior Commission bylaws allow for the appointment of 7 or 8 commissioners.DISCUSSION Immediately after the interviews, City council will have an opportunity to review and discuss all interviewed applicants. All commission appointments will take place under the New Business portion of this agenda. ATTACHMENTS: City Code, Section 2­46. ­ Appointment to city committees and commissions 2020 Commission Interviews Schedule Interview Scoring Sheet Page 1 ARTICLE IV. - BOARDS AND COMMISSIONS[4] Footnotes: --- (4) --- Cross reference— Park and recreation commission, § 14-16 et seq.; planning commission, § 15-16 et seq. State Law reference— Authority to establish advisory boards and commissions, M.S. § 412.621(2). DIVISION 1. - GENERALLY Sec. 2-46. - Appointment to city committees and commissions. All vacancies on committees, commissions, and boards shall be advertised to seek applicants. The city council may interview applicants before making appointment. With the exception of the housing and redevelopment authority, all appointments shall be by majority vote of the city council. Once appointed, an applicant shall serve until removed, with or without cause, by a four-fifths vote of the city council, until the expiration of the term of appointment and following appointment of the applicant's successor. Vacancies during a term shall be filled for the unexpired portion of the term. Sec. 2-46.01. - Same—Generally. The council determines the duties and exercises the powers of administrative boards or commissions. However, the council may establish boards or commissions as set forth in this article to investigate subjects or to perform quasi-judicial functions. Additional administrative boards or commissions shall be established as required by law or for the administration of a municipal function jointly shared with another political subdivision. (Ord. No. 363, § 4, 1-12-04) Sec. 2-46.03. - Planning commission. (a) Commission established. The planning commission is established pursuant to the Minnesota Municipal Planning Act, and has the powers and duties assigned to it by that Act, by this Code, and state law. The planning commission is hereby designated the planning agency of the city pursuant to the Municipal Planning Act. (b) Membership. The planning commission consists of seven members appointed in the manner set forth in this subsection. Members of the commission are appointed by the council for staggered terms of three years, expiring on March 31 of each year. (c) Officers; meetings. The chairperson and vice chairperson of the planning commission are appointed by the commission from among its membership for the term of one year. The commission shall adopt its own bylaws with the approval of the city council. All members of the commission may vote on all questions before the commission. No member of the commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable, or as required by law or this Code. Page 2 (d) Powers and duties. The planning commission shall have the powers and duties allowed under state law, including: (1) To prepare a comprehensive plan for the future development of the city that is submitted to the council for implementation and to recommend amendments of the plan to the council from time to time as may be necessary or desirable. (2) To initiate, direct, and review, from time to time, a study of the provisions of the zoning code and the subdivision regulations and to report to the council its advice and recommendations with respect thereto. (3) To study applications and proposals for amendments to the zoning code and applications for special permits and to advise the council of its recommendations thereon. (4) To study preliminary plats and to advise the council of its recommendations thereof. (5) To act in an advisory capacity to the council in all matters wherein powers are assigned to the council by state law concerning comprehensive planning, zoning, platting, changes in streets, and other matters of a general planning nature. (e) Reports. The commission shall make an annual written report to the council, not later than March 31 of each calendar year, containing the commission's recommendations for the ensuing year. (Ord. No. 363, § 5, 1-12-04) Sec. 2-46.05. - Park and recreation commission. (a) Creation. There is established a park and recreation commission for the city. (b) Membership. The park and recreation commission consists of seven members appointed in the manner set forth in this subsection. Members of the commission are appointed by the council for staggered terms of three years expiring on March 31 of each year. Additionally, the commission may also have one or two youth representatives who shall also be voting members. Youth representatives shall be appointed for one-year terms. (c) Officers; meetings. The chairperson and vice chairperson of the park and recreation commission are appointed by the commission from among its membership for the term of one year. The commission shall adopt its own bylaws with the approval of the city council. All members of the commission may vote on all questions before the commission. No member of the commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable or as required by law or this Code. (d) Powers and duties. The park and recreation commission shall have the following powers and duties: (1) To hold meetings of its members, to consider such matters pertaining to parks and public recreation programs in the city as shall be referred to the commission by the council, or as the members of the commission themselves deem proper. (2) To prepare a comprehensive plan for the future development of the city park and recreation system, to be submitted to the city council for implementation, and to maintain said plan, and recommend amendments of the plan to the city council, as may become necessary or desirable. (3) To act in an advisory capacity to the council in all matters relating to park and recreation in the city. (e) Reports. The commission shall make an annual written report to the council, not later than March 31 of each calendar year, containing the commission's recommendations for the ensuing year. (Ord. No. 363, § 6, 1-12-04; Ord. No. 582, § 1, 4-22-13) Page 3 Sec. 2-46.07. - Board of adjustments and appeals. Pursuant to M.S. § 462.354, a board of adjustments and appeals is hereby established. The planning commission shall serve as the board of adjustments and appeals. (Ord. No. 363, § 7, 1-12-04) Sec. 2-46.09. - Environmental commission. (a) Commission established. The environmental commission is established to provide the residents of Chanhassen with opportunities to improve the quality of their environment, address issues that affect the city's natural resources, provide environmental education to the public, bring a comprehensive perspective to environmental issues, and advocate the benefits and necessity of Chanhassen's natural resources. (b) Membership. The environmental commission consists of seven members appointed in the manner set forth in this subsection. Members of the commission are appointed by the council for staggered terms of three years expiring on March 31 of each year. (c) Officers; meetings. The chairperson and vice chairperson of the environmental commission are appointed by the commission from among its membership for the term of one year. The commission shall adopt its own bylaws with the approval of the city council. All members of the commission may vote on all questions before the commission. No member of the commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable or as required by law or this Code. (d) Powers and duties. The environmental commission has the following powers and duties: (1) The environmental commission shall serve as an advisory body to the city council and planning commission in addressing the needs of the environment as directed by the city council. All final decisions are to be made by the city council. (2) The environmental commission will consider and make recommendations at the direction of the city council regarding environmental issues. (3) The environmental commission will make recommendations at the direction of the city council regarding funding for environmental projects. (4) The environmental commission may propose studies to the city council and make recommendations according to the results. (5) The environmental commission will coordinate services with other governmental and private agencies for related issues. (e) Reports. The environmental commission shall make an annual written report to the council, not later than March 31 of each calendar year, containing the commission's recommendations for the ensuing year. (Ord. No. 363, § 8, 1-12-04) Sec. 2-46.11. - Senior commission. (a) Commission established. The senior commission serves as an advisory body to the city council in addressing the special needs of people over age 55 living in Chanhassen. They consider and make recommendations to the city council regarding the special needs of seniors in the areas of transportation, information and assistance, independent living in the home, social and recreational Page 4 programs, senior center and senior housing, but are not limited to these issues. All final decisions are made by the city council. (b) Membership. The senior commission consists of seven or eight members appointed in the manner set forth in this subsection. Members of the commission are appointed by the council for staggered terms of three years, expiring on March 31 of each year. (c) Officers; meetings. The chairperson and vice chairperson of the senior commission are appointed by the commission from among its membership for the term of one year. The commission shall adopt its own bylaws with the approval of the city council. All members of the commission may vote on all questions before the commission. No member of the commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable or as required by law or this Code. (d) Powers and duties. The senior commission shall have the following powers and duties: (1) They make recommendations to the city council regarding funding for special services to be provided for citizens over age 55. (2) They may propose needs studies for this age group where necessary and make recommendations to the city council based on the results. (3) They coordinate services with other governments and private agencies for this age group. (e) Reports. The commission shall make an annual written report to the council, not later than the last day of March of each calendar year, containing the comm ission's recommendations for the ensuing year. (Ord. No. 363, § 9, 1-12-04; Ord. No. 581, § 1, 4-8-13) Sec. 2-46.15. - Resignations and removal from commissions. Commissioners may resign voluntarily or may be removed from office by a majority vote of the city council. Vacancies on any advisory board or commission shall be filled by appointment with a majority vote of the city council. Vacancies shall be announced in the city's official newspaper and posted within city hall. Applications shall be available at the city clerk's office and shall be forwarded to the city council within the time prescribed. (Ord. No. 363, § 10, 1-12-04) Sec. 2-46.17. - Compensation. Commissioners shall serve without compensation. (Ord. No. 363, § 11, 1-12-04) Secs. 2-47—2-55. - Reserved. 2020 Commissions Interview Schedule FIRST MEETINGS IN APRIL: Planning Commission - April 7, 2020 Environmental Commission - April 8, 2020 Senior Commission - April 17, 2020 Park & Rec Commission - April 28, 2020 City Council Interviews Environmental Commission Interviews - February 12 March 2 6:00 5:00 Jerry Cerchia (SC)6:15 Dr. Jesse McAtee 5:15 Haley Pemrick Schubert (PRC)6:30 Markus Fischer 5:30 David Crouch (SC)6:45 Lucy Rehm 5:45 Brandon Carmack (PC)7:00 6:00 Tom Wertish (PC) 6:15 Eric Noyes (PC)Planning Commission Interviews - February 18 6:30 Mike Helland (PRC)1st Eric Noyes 6:45 Jessica Pettingill (PRC)2nd Mark von Oven 7:00 BREAK 3rd Brandon Carmack 7:15 Lucy Rehm (EC)4th Tom Wertish Withdrew 2/18/20 7:30 Jim Peck (PRC)5th Balakrishna Chintaginjala Withdrew 2/18/20 7:45 Balakrishna Chintaginjala (PC & PRC)6th Lynn Heimdahl Withdrew 2/7/20 8:00 Markus Fischer (EC & SC)7th 8:15 Dr. Jesse McAtee (EC)8th 8:30 Karen Zellner (SC)9th 8:45 Karl Tsuchiya (PRC)10th 9:00 Senior Commission Interviews - February 21 March 9 (if needed)10:10 Linda Haight 5:00 Linda Haight (SC)10:30 Markus Fischer 5:15 Mark von Oven (PC)10:50 6:00 11:10 Karen Zellner 6:15 11:30 David Crouch 6:30 11:50 6:45 Park & Rec Commission Interviews - February 26 Chintaginjala withdrew on 2/18/20 5:45 Wertish withdrew on 2/18/20 6:00 6:15 6:30 Mark von Oven withdrew from PRC 2/25/20 6:45 Jessica Pettingill 7:00 Mike Helland 7:15 Bala Chintaginjala Withdrew 2/18/20 Jim Peck can't make PRC interviews - per TH interview with CC only Incumbents Needs to confirm All commission appointments will take place at the March 9, 2020 City Council Meeting INTERVIEW SCORING SHEET 5=High/1=Low Name Years Lived in Chanhassen Knowledge of Community Commitment to Position Knowledge of Major Issues Involvement in Community Total Points Linda Haight (SC) Mark von Oven (PC) Brandon Carmack (PC) CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject 5:45 P.M.­ Discuss Commission Appointments Section WORK SESSION Item No: A.2. Prepared By Kim Meuwissen, Office Manager File No: ADM 146G PROPOSED MOTION "The City Council appoints the following commissioners: Planning Commission _____________ and ______________ for three­year terms ending March 30, 2023." Park & Recreation Commission _____________, _____________ and ______________ for three­year terms ending March 30, 2023." Environmental Commission _____________ and ______________ for three­year terms ending March 30, 2023. Senior Commission _____________ and ______________ for three­year terms ending March 30, 2023, and _____________ for a one­year term ending March 30, 2021." Approval requires a Simple Majority Vote of members present. DISCUSSION Planning Commission There are two 3­year positions available for appointment to the Planning Commission.The terms of Commissioners John Tietz and Mark Undestad are expiring. Six applications were received, of which three are still active. The Planning Commission ranked the candidates as shown in the attached memo from Kate Aanenson.Also attached CITY COUNCIL STAFF REPORTMonday, March 9, 2020Subject5:45 P.M.­ Discuss Commission AppointmentsSectionWORK SESSION Item No: A.2.Prepared By Kim Meuwissen, Office Manager File No: ADM 146GPROPOSED MOTION"The City Council appoints the following commissioners:Planning Commission_____________ and ______________ for three­year terms ending March 30, 2023."Park & Recreation Commission_____________, _____________ and ______________ for three­year terms ending March 30, 2023."Environmental Commission_____________ and ______________ for three­year terms ending March 30, 2023.Senior Commission_____________ and ______________ for three­year terms ending March 30, 2023, and _____________ for aone­year term ending March 30, 2021."Approval requires a Simple Majority Vote of members present.DISCUSSIONPlanning CommissionThere are two 3­year positions available for appointment to the Planning Commission.The terms of CommissionersJohn Tietz and Mark Undestad are expiring.Six applications were received, of which three are still active. The Planning Commission ranked the candidates as shown in the attached memo from Kate Aanenson.Also attached is an applications summary to assist the City Council in ranking the candidates. Park & Recreation Commission There are three 3­year positions available for appointment to the Park & Recreation Commission.The terms of Commissioners Hayley Pemrick Schubert, Karl Tsuchiya and Meredith Petouvis are expiring.  Hayley Pemrick and Karl Tsuchiya have reapplied. Four additional applications were received, of which two are still active. Youth Commissioner Zoe Erpelding was recently appointed to the Commission. No new youth applications were received. The Park & Recreation Commission ranked the candidates as shown in the attached memo from Park & Recreation Director Todd Hoffman.Also attached is an applications summary to assist the City Council in ranking the candidates. Environmental Commission There are two 3­year positions available for appointment to the Environmental Commission.The terms of Rachel Popken and Keith Butcher are expiring. Three applications were received. The Environmental Commission ranked the candidates as shown in the attached memo from Environmental Resources Coordinator Jill Sinclair.Also attached is an applications summary to assist the City Council in ranking the candidates. Senior Commission There are one or two 3­year positions available for appointment to the Senior Commission and one 1­year position available. The terms of Commissioners Carol Buesgens and Jerry Cerchia are expiring. Jerry Cerchia has reapplied.  Four additional applications have been received. The Senior Commission ranked the candidates as shown in the attached memo from Sharmeen Al­Jaff. Also attached is an applications summary to assist the City Council in ranking the candidates. Since the Senior Commission has the option of appointing seven or eight members, Council may choose to appoint one or two 3­year positions. ATTACHMENTS: City Code, Section 2­46. ­ Appointment to city committees and commissions Interview Schedule Planning Commission Recommendation Memo Planning Commission Application Summary Park & Recreation Commission Recommendation Memo Park & Recreation Commission Application Summary Environmental Commission Recommendation Memo Environmental Commission Application Summary Senior Commission Recommendation Memo Senior Commission Application Summary Page 1 ARTICLE IV. - BOARDS AND COMMISSIONS[4] Footnotes: --- (4) --- Cross reference— Park and recreation commission, § 14-16 et seq.; planning commission, § 15-16 et seq. State Law reference— Authority to establish advisory boards and commissions, M.S. § 412.621(2). DIVISION 1. - GENERALLY Sec. 2-46. - Appointment to city committees and commissions. All vacancies on committees, commissions, and boards shall be advertised to seek applicants. The city council may interview applicants before making appointment. With the exception of the housing and redevelopment authority, all appointments shall be by majority vote of the city council. Once appointed, an applicant shall serve until removed, with or without cause, by a four-fifths vote of the city council, until the expiration of the term of appointment and following appointment of the applicant's successor. Vacancies during a term shall be filled for the unexpired portion of the term. Sec. 2-46.01. - Same—Generally. The council determines the duties and exercises the powers of administrative boards or commissions. However, the council may establish boards or commissions as set forth in this article to investigate subjects or to perform quasi-judicial functions. Additional administrative boards or commissions shall be established as required by law or for the administration of a municipal function jointly shared with another political subdivision. (Ord. No. 363, § 4, 1-12-04) Sec. 2-46.03. - Planning commission. (a) Commission established. The planning commission is established pursuant to the Minnesota Municipal Planning Act, and has the powers and duties assigned to it by that Act, by this Code, and state law. The planning commission is hereby designated the planning agency of the city pursuant to the Municipal Planning Act. (b) Membership. The planning commission consists of seven members appointed in the manner set forth in this subsection. Members of the commission are appointed by the council for staggered terms of three years, expiring on March 31 of each year. (c) Officers; meetings. The chairperson and vice chairperson of the planning commission are appointed by the commission from among its membership for the term of one year. The commission shall adopt its own bylaws with the approval of the city council. All members of the commission may vote on all questions before the commission. No member of the commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable, or as required by law or this Code. Page 2 (d) Powers and duties. The planning commission shall have the powers and duties allowed under state law, including: (1) To prepare a comprehensive plan for the future development of the city that is submitted to the council for implementation and to recommend amendments of the plan to the council from time to time as may be necessary or desirable. (2) To initiate, direct, and review, from time to time, a study of the provisions of the zoning code and the subdivision regulations and to report to the council its advice and recommendations with respect thereto. (3) To study applications and proposals for amendments to the zoning code and applications for special permits and to advise the council of its recommendations thereon. (4) To study preliminary plats and to advise the council of its recommendations thereof. (5) To act in an advisory capacity to the council in all matters wherein powers are assigned to the council by state law concerning comprehensive planning, zoning, platting, changes in streets, and other matters of a general planning nature. (e) Reports. The commission shall make an annual written report to the council, not later than March 31 of each calendar year, containing the commission's recommendations for the ensuing year. (Ord. No. 363, § 5, 1-12-04) Sec. 2-46.05. - Park and recreation commission. (a) Creation. There is established a park and recreation commission for the city. (b) Membership. The park and recreation commission consists of seven members appointed in the manner set forth in this subsection. Members of the commission are appointed by the council for staggered terms of three years expiring on March 31 of each year. Additionally, the commission may also have one or two youth representatives who shall also be voting members. Youth representatives shall be appointed for one-year terms. (c) Officers; meetings. The chairperson and vice chairperson of the park and recreation commission are appointed by the commission from among its membership for the term of one year. The commission shall adopt its own bylaws with the approval of the city council. All members of the commission may vote on all questions before the commission. No member of the commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable or as required by law or this Code. (d) Powers and duties. The park and recreation commission shall have the following powers and duties: (1) To hold meetings of its members, to consider such matters pertaining to parks and public recreation programs in the city as shall be referred to the commission by the council, or as the members of the commission themselves deem proper. (2) To prepare a comprehensive plan for the future development of the city park and recreation system, to be submitted to the city council for implementation, and to maintain said plan, and recommend amendments of the plan to the city council, as may become necessary or desirable. (3) To act in an advisory capacity to the council in all matters relating to park and recreation in the city. (e) Reports. The commission shall make an annual written report to the council, not later than March 31 of each calendar year, containing the commission's recommendations for the ensuing year. (Ord. No. 363, § 6, 1-12-04; Ord. No. 582, § 1, 4-22-13) Page 3 Sec. 2-46.07. - Board of adjustments and appeals. Pursuant to M.S. § 462.354, a board of adjustments and appeals is hereby established. The planning commission shall serve as the board of adjustments and appeals. (Ord. No. 363, § 7, 1-12-04) Sec. 2-46.09. - Environmental commission. (a) Commission established. The environmental commission is established to provide the residents of Chanhassen with opportunities to improve the quality of their environment, address issues that affect the city's natural resources, provide environmental education to the public, bring a comprehensive perspective to environmental issues, and advocate the benefits and necessity of Chanhassen's natural resources. (b) Membership. The environmental commission consists of seven members appointed in the manner set forth in this subsection. Members of the commission are appointed by the council for staggered terms of three years expiring on March 31 of each year. (c) Officers; meetings. The chairperson and vice chairperson of the environmental commission are appointed by the commission from among its membership for the term of one year. The commission shall adopt its own bylaws with the approval of the city council. All members of the commission may vote on all questions before the commission. No member of the commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable or as required by law or this Code. (d) Powers and duties. The environmental commission has the following powers and duties: (1) The environmental commission shall serve as an advisory body to the city council and planning commission in addressing the needs of the environment as directed by the city council. All final decisions are to be made by the city council. (2) The environmental commission will consider and make recommendations at the direction of the city council regarding environmental issues. (3) The environmental commission will make recommendations at the direction of the city council regarding funding for environmental projects. (4) The environmental commission may propose studies to the city council and make recommendations according to the results. (5) The environmental commission will coordinate services with other governmental and private agencies for related issues. (e) Reports. The environmental commission shall make an annual written report to the council, not later than March 31 of each calendar year, containing the commission's recommendations for the ensuing year. (Ord. No. 363, § 8, 1-12-04) Sec. 2-46.11. - Senior commission. (a) Commission established. The senior commission serves as an advisory body to the city council in addressing the special needs of people over age 55 living in Chanhassen. They consider and make recommendations to the city council regarding the special needs of seniors in the areas of transportation, information and assistance, independent living in the home, social and recreational Page 4 programs, senior center and senior housing, but are not limited to these issues. All final decisions are made by the city council. (b) Membership. The senior commission consists of seven or eight members appointed in the manner set forth in this subsection. Members of the commission are appointed by the council for staggered terms of three years, expiring on March 31 of each year. (c) Officers; meetings. The chairperson and vice chairperson of the senior commission are appointed by the commission from among its membership for the term of one year. The commission shall adopt its own bylaws with the approval of the city council. All members of the commission may vote on all questions before the commission. No member of the commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable or as required by law or this Code. (d) Powers and duties. The senior commission shall have the following powers and duties: (1) They make recommendations to the city council regarding funding for special services to be provided for citizens over age 55. (2) They may propose needs studies for this age group where necessary and make recommendations to the city council based on the results. (3) They coordinate services with other governments and private agencies for this age group. (e) Reports. The commission shall make an annual written report to the council, not later than the last day of March of each calendar year, containing the comm ission's recommendations for the ensuing year. (Ord. No. 363, § 9, 1-12-04; Ord. No. 581, § 1, 4-8-13) Sec. 2-46.15. - Resignations and removal from commissions. Commissioners may resign voluntarily or may be removed from office by a majority vote of the city council. Vacancies on any advisory board or commission shall be filled by appointment with a majority vote of the city council. Vacancies shall be announced in the city's official newspaper and posted within city hall. Applications shall be available at the city clerk's office and shall be forwarded to the city council within the time prescribed. (Ord. No. 363, § 10, 1-12-04) Sec. 2-46.17. - Compensation. Commissioners shall serve without compensation. (Ord. No. 363, § 11, 1-12-04) Secs. 2-47—2-55. - Reserved. DIVISION 2. - HOUSING AND REDEVELOPMENT AUTHORITY[5] Footnotes: --- (5) --- Page 5 State Law reference— Creation of city housing and redevelopment authority, M.S. § 469.003. Sec. 2-56. - Authority to adopt housing plan, issue bonds, etc. The city economic development authority is authorized to exercise on behalf of the city all of the powers conferred by M.S. §§ 462C.01 to 462C.08, including without limitation, the power to adopt a housing plan and program and to issue and sell mortgage revenue bonds for single family housing. (Ord. No. 75, 11-7-83; Ord. No. 363, § 12, 1-12-04) Secs. 2-57—2-65. - Reserved. DIVISION 3. - RESERVED[6] Footnotes: --- (6) --- Editor's note—Ord. No. 363, § 13, adopted Jan. 12, 2004, repealed Div. 3, which pertained to the public safety commissions and derived from Ord. No. 70-B, §§ 1.01, 3.02, 4.02, 5.01, and 6.01, adopted Oct. 1, 1984; Ord. No. 166, §§ 1 and 2, adopted Apr. 27, 1992; Ord. No. 268, § 1, adopted May 12, 1997; and Ord. No. 298, § 2, adopted Feb. 14, 2000. Secs. 2-66—2-71. - Reserved. 2020 Commissions Interview Schedule FIRST MEETINGS IN APRIL: Planning Commission - April 7, 2020 Environmental Commission - April 8, 2020 Senior Commission - April 17, 2020 Park & Rec Commission - April 28, 2020 City Council Interviews Environmental Commission Interviews - February 12 March 2 6:00 5:00 Jerry Cerchia (SC)6:15 Dr. Jesse McAtee 5:15 Haley Pemrick Schubert (PRC)6:30 Markus Fischer 5:30 David Crouch (SC)6:45 Lucy Rehm 5:45 7:00 6:00 Tom Wertish (PC) 6:15 Eric Noyes (PC)Planning Commission Interviews - February 18 6:30 Mike Helland (PRC)1st Eric Noyes 6:45 Jessica Pettingill (PRC)2nd Mark von Oven 7:00 BREAK 3rd Brandon Carmack 7:15 Lucy Rehm (EC)4th Tom Wertish Withdrew 2/18/20 7:30 Jim Peck (PRC)5th Balakrishna Chintaginjala Withdrew 2/18/20 7:45 Balakrishna Chintaginjala (PC & PRC)6th Lynn Heimdahl Withdrew 2/7/20 8:00 Markus Fischer (EC & SC)7th 8:15 Dr. Jesse McAtee (EC)8th 8:30 Karen Zellner (SC)9th 8:45 Karl Tsuchiya (PRC)10th 9:00 Senior Commission Interviews - February 21 March 9 (if needed)10:10 Linda Haight 5:00 Linda Haight (SC)10:30 Markus Fischer 5:15 Mark von Oven (PC)10:50 5:30 Brandon Carmack (PC)11:10 Karen Zellner 6:15 11:30 David Crouch 6:30 11:50 6:45 Park & Rec Commission Interviews - February 26 Chintaginjala withdrew on 2/18/20 5:45 Wertish withdrew on 2/18/20 6:00 6:15 6:30 Mark von Oven withdrew from PRC 2/25/20 6:45 Jessica Pettingill 7:00 Mike Helland 7:15 Bala Chintaginjala Withdrew 2/18/20 Jim Peck can't make PRC interviews - per TH interview with CC only Incumbents Needs to confirm All commission appointments will take place at the March 9, 2020 City Council Meeting OITYOT OIIAI{HASSII'I Chanhassen is a Community for Life - Providing for loday and Planning for Tomonow TO MEMORANDUM FROM: DATE: SUBJ: Todd Gerhardt, City Manager Kate Aanenson, Community Development Director March 9,2020 Appointments to the Planning Commission The terms of John Tietzand Mark Undestad will expire on March 31,2020. These vacancies will need to be filled for three-year terms expiring March 31,2023. The Planning Commission interviewed three applicants at their regularmeeting on February 18,2020. The Planning Commission ranks the applicants as follows: o Eric Noyes o Mark von Oven o Brandon Carmack glcommission\202O\pc recommendation merno 03-09-20.docx PH 952.227.1 I 00 . www.ci.chanhassen.mn.us . FX 952.227. I I I 0 77OO MARKET BOULEVARD .PO BOX I4T.CHANHASSEN .MINNESOTA 55317 PLANNING COMMISSION APPLICATIONS SUMMARY c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\8c8e4f12-4190-453d-8aad-4293d3bf3d13\chanhassen.4905.1.planning_commission_matrix.docx PLANNING COMMISSION – 2020 Terms Expiring: • John Tietz • Mark Undestad COMMISSION RANK COUNCIL RANK Applicants Eric Noyes, 8622 Valley View Court 1 Mark von Oven, 6655 Horseshoe Curve 2 Brandon Carmack, 8361 West Lake Drive 3 Alternate Applicants None (All applicants selected the Planning Commission as their first choice) -- -- Vacancies Three 3-Year Terms 3-Year Terms (2) 1. 2. g:\commission\2020\planning commission matrix.docx OITYOT OHAI{HASSTIII Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow TO MEMORANDUM FROM: DATE: SUBJ: Todd Gerhardt, City Manager Todd Hoffrnan, Park and Recreation Director February 27,2020 Recommendation Concerning Appointments to Park and Recreation Commission On Wednesday evening, February 26, members of the Park and Recreation Commission interviewed candidates for appointment to the commission. Commissioners who conducted the interviews included Jim Boettcher, Zoe Erpelding, Joe Scanlon and Matt Kutz. Applicants interviewed included Jess Pettingill and Mike Helland. Park and Recreation Commission incumbents Karl Tsuchiya and Haley Schubert have reapplied for their commission positions. Commissioner Meredith Petouvis is retiring from the Park and Recreation Commission after three years of service. As of April l, there are three open adult positions available on the Park and Recreation Commission. Upon conclusion of their discussion concerning the candidates, Commissioners Boettcher, Erpedling, Scanlon and Kutz recommended that the City Council appoint: Park and Recreation Commission Representatives, Adult - Three positions available (3-year terms): 1. Haley Schubert 2. Karl Tsuchiya 3. Mike Helland c: Park and Recreation Commission g:\park\th\commissionVO20 commission appointmatts recommendation memo.docx PH 952.227.1 I 00 . www.ci.chan hassen.mn.us . FX 952.227. I I I 0 77OO MARKET BOULEVARD .PO BOX I4T.CHANHASSEN .MINNESOTA 55317 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\b3925788-8ace-4fe6-82a7-5f9f61b172c6\chanhassen.4902.1.parkandrec_commission_matrix.docx PARK & RECREATION COMMISSION APPLICATIONS SUMMARY PARK & RECREATION COMMISSION – 2020 Terms Expiring: • Karl Tsuchiya • Haley Schubert • Meredith Petouvis COMMISSION RANK COUNCIL RANK Applicants Haley Schubert (Incumbent), 7608 Erie Avenue 1 Karl Tsuchiya (Incumbent), 356 Parkland Way 2 Mike Helland, 351 Parkland Way 3 Alternate Applicants None Youth Applicants None Vacancies Two 3-Year Terms/ One 1-Year Terms 3-Year Terms (3) 1. 2. 3. g:\commission\2020\parkandrec commission matrix.docx OITI OT OHAI'IHASSIIII Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow TO MEMORANDUM FROM: DATE: Todd Gerhardt, City Manager Jill Sinclair, Environmental Resources Specialist February 12,2020 Appointments to the Environmental CommissionSUBJ: The terms of Keith Butcher and Rachel Popken will expire on March 31,2020. Neither Commissioner Butcher nor Popken will be re-applying. These vacancies will need to be filled for a three-year term, expiring March 31,2023. The Commission interviewed three applicants at their regular meeting on February 12,2020. The commission ranked the applicants as follows:. Lucy Rehm o Markus Fischer o Dr. Jesse McAtee The Commission recommends appointing Lucy Rehm and Markus Fischer to full terms beginning April l, 2020- March 31,2023. g:\plan\js\ec\administrationhppoinunent letters\appts 20.docx PH 952.227.1 I 00 . www.ci.chan hassen.mn.us . FX 952.227. I I I 0 77OO MARKET BOULEVARD .PO BOX I47 .CHANHASSEN .MINNESOTA 55317 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\16c45f4e-b344-48aa-88c7- 609a178d1af8\chanhassen.4893.1.environmental_commission_matrix.docx ENVIRONMENTAL COMMISSION APPLICATIONS SUMMARY ENVIRONMENTAL COMMISSION – 2020 Terms Expiring: • Rachel Popken • Keith Butcher COMMISSION RANK COUNCIL RANK Applicants Lucy Rehm, 8132 Dakota Lane 1 Markus Fischer, 1070 Lake Susan Hills Drive 2 Dr. Jesse McAtee, 600 West 94th Street 3 Alternate Applicants None --- g:\commission\2020\environmental commission matrix.docx Vacancies Two 3-Year Terms 3-Year Terms (2) 1. 2. OITT OT OIIAI'IHASSTI{ Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow MEMORANDT'M TO: Todd Gerhardt, CityManager FROM: Sharmeen Al-Jaff, Senior Planner DATE: March 9,2020 SUBJ:Appointments to the Senior Commission There are two 3-year positions and one 1-year position available on the Senior Commission. The City Council has the option to appoint a total of 7 or 8 members to the Senior Commission per Section 2.46-l I (b) of the City Code. The terms of Carol Buesgens and Jerry Cerchia expire on March 31,2020. These vacancies will need to be filled for a three-year term, expiring March 31, 2023. Barbara Nevin resigned her position, which expires March 3 l, 2021 and may be filled with a one-yearterm. On February 21,2020, the Senior Commission interviewed four candidates and ranked them as shown in the order below: REQUESTED ACTTON The Senior Commission recommends that the City Council reappoints Jerry Cerchia to a 3-year term, appoints Linda Haight to a 3-year term and appoints Markus Fischer to a 1-year term. g:$lan\sj\sc\appointmentshppointments 2020.docx PH 952.227.1 I 00 . www.ci.chan hassen.mn.us . FX 952.227. I I I 0 Ierry Cerchia 1 Linda Haight 2 Markus Fischer J David Crouch 4 Karen Zellner 5 77OO MARKET BOULEVARD .PO BOX I4T.CHANHASSEN .MINNESOTA 55317 Name ln"oxiog SENIOR COMMISSION APPLICATIONS SUMMARY SENIOR COMMISSION – 2020 Terms Expiring: • Carol Buesgens • Jerry Cerchia Term Vacated: • Barbara Nevin (one year remaining) COMMISSION RANK COUNCIL RANK Applicants Jerry Cerchia (Incumbent), 761 Lake Susan Hills Drive 1 Linda Haight, 503 Del Rio Drive 2 David Crouch, 170 Lakeview Road East 4 Karen Zellner, 7616 Frontier Trail 5 Alternate Applicants Markus Fischer (EC first choice) 3 Vacancies Two 3-Year Terms and One 1-year Term 3-Year Terms (1 or 2) 1-Year Term 1. 2. 3. NOTE: The Senior Commission has the option to appoint a total of 7 or 8 commissioners per Section 2.46-11 (b) of the City Code. g:\commission\2020\senior commission matrix.docx CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject Discuss Warranty Radio Replacements for Utility Billing System Section WORK SESSION Item No: A.3. Prepared By Greg Sticha, Finance Director File No:  BACKGROUND In 2012 the City Council approved the purchase of an automated Utility Billing Radio reading system.  The city of Chanhassen purchased a Neptune system from Ferguson Waterworks, following the lead of two other cities (Maple Grove & Roseville) purchasing the identical system. Within the first couple of years it became apparent the radios installed in each of the homes in each of the communities had a high­failure rate.  Over the past several years all three cities have been working with Neptune and Ferguson to come up with a solution where any failures of radio's would be at a minimum. The other two cities have already reached an agreement with the providers and within the last couple of weeks City staff along with management from Ferguson have come upon an agreement for replacement of the radios.  That agreement will be presented to city council for consideration at its next regular session meeting. The agreement arrived at will save the city money in the long run as the price agreed upon for the purchase of Water Meters going forward will be cheaper then the current market price paid for those meters and will also include a fully warrantied new R900 radio.  The cost to replace meters is already included within the annual operating budget of the Water fund and no change to that line item will be needed going forward.  Staff will review some of the mechanics of the agreement with City Council this evening and look for city council approval of the agreement on March 23rd. CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject Key Financial Strategy: Study and Consider Inflow and Infiltration (I&I) Initiatives Section WORK SESSION Item No: A.4. Prepared By Erik Henricksen, Project Engineer File No: 2019­06 DISCUSSION City staff will present to City Council the recommendations of the most recent Infiltration and Inflow (I/I) study completed in partnership with SEH, Inc.  The objective of the study was to perform an investigation of the existing sanitary sewer collection system, quantify and identify critical I/I sub­sewer sheds, and explore the need for establishing a private property program while providing recommendations for implementing a long­term plan to remove I/I from the city sanitary sewer system. ATTACHMENTS: Draft Report Presentation Decision Matrix Breakdown Inflow and Infiltration Study Private Property Evaluation City of Chanhassen, Minnesota City Project 2019-06 SEH Project No. CHANH 150965 Prepared for: Prepared by: Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-3507 SEH is 100% employee-owned | sehinc.com | 651.490.2000 | 800.325.2055 | 888.908.8166 fax December 16, 2019 RE: Inflow and Infiltration Investigation Private Property Evaluation City of Chanhassen, Minnesota SEH No. CHANH 150965 4.00 Mr. Erik R. Hendricksen, EIT Project Engineer 7700 Market Blvd. PO Box 147 Chanhassen, MN 55317 Dear Erik: The following draft technical report presents our findings and recommendations from our Inflow and Infiltration (I/I) investigation and private property evaluation on the Chanhassen sanitary sewer collection system. The report reviews the work completed under our current investigation including a background review of the City of Chanhassen’s past I/I investigations and findings, our current flow monitoring program results, a review of potential measures and our recommendations for future I/I investigations for both the private and public Chanhassen infrastructure. Please have your staff review the document and provide comments back to us. If you would like to meet and discuss any aspect of the report or what we can expect at the Council workshop, let us know and we can setup a preliminary meeting. Look forward to hearing from you. Sincerely, Kirby Van Note, PE Project Manager (Lic. MN) scc s:\ae\c\chanh\150965\4-prelim-dsgn-rpts\inflow and infiltration investigation_dec_13_2019_scc.docx Inflow and Infiltration Study Private Property Evaluation City of Chanhassen, Minnesota SEH No. CHANH 150965 December 16, 2019 I hereby certify that this report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Kirby Van Note, PE Date: December 16, 2019 License No.: 16241 Reviewed By: Spencer Cossalter Date: December 16, 2019 Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive Saint Paul, MN 55110 Distribution No. of Copies Sent to 1 Mr. Erik R. Hendricksen, EIT Project Engineer 7700 Market Blvd. Chanhassen, MN 55317 1 George Bender Assistant City Engineer 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 1 Kevin Crooks Utilities Superintendent 7901 Park Place Chanhassen, MN 55317 1 Lindsey Roberts McKenzie, PE Associate 3535 Vadnais Center Drive Saint Paul, MN 55110 INFLOW AND INFILTRATION STUDY CHANH 150965 ES-1 Executive Summary The objective of this study was to perform an investigation of the existing sanitary sewer collection system, identify the need for establishing private property program and provide recommendations for implementing a long term plan to identify and remove clear water (I/I) from the Chanhassen system. Inflow and infiltration (I/I) is clear water entering the sanitary collection system through pipe defects or improper connections to the system during high groundwater conditions or during wet weather periods. The Metropolitan Council of Environmental Services (MCES) uses a network of permanent flow meters to establish community wastewater charges for treatment and peak hour discharge requirements. The MCES has identified the City of Chanhassen through their flow metering as a community in need of addressing clear water based on peak hour flow rates established at MCES Meter Station’s M413 and M439. MCES over the past fifteen years has been working with communities to develop I/I programs. The programs encourage local communities to implement investigation measures to locate potential sewer defects and remove I/I through effective sewer rehabilitation. The purpose of this investigation was to assist the City of Chanhassen in developing an I/I study which will help identify specific sewer shed areas with greater I/I contributions rates and identify I/I sources, reduction measures and establish an effective private property program which best fits the communities overall needs. Ten (10) flow meters manufactured by Teledyne Isco were supplied by SEH and used for the project flow monitoring program to establish wastewater flow conditions at eighteen (18) locations within the City of Chanhassen sanitary sewer collection system. During the first phase of flow monitoring, three wet weather events (May 27th, July 1st and July 15th) produced significant increases in wastewater peak flow rates during daily rainfall periods exceeding 2.0 inches. The highest peak flow rates occurred on May 27, 2019 following the spring rains and when the groundwater typically is higher during the early spring months. Three sewer districts (5, 5A and 7) produced the highest peak rates during the May 27, 2019 wet weather event and contributed the largest amount of I/I based on peak hour rates. In order to further investigate wastewater flow conditions in the Sewer Districts 5 and 5A, eight flow meters were relocated the last six weeks of the flow monitoring period to capture additional flow data. The result of the additional flow monitoring isolated the highest peak I/I responses during wet weather conditions in Sewer Districts 5-2, 5-3, 5-4, 5A-2 and 5A-3. Wastewater flow rates during wet weather periods produced significant increases for more than twenty four hours after the rainfall event had ended at a majority of the meter locations. This response is typical of an indirect I/I source such as a sump pump discharge, foundation drain connection or pipe defects in locations exposed to high groundwater conditions. Based on the wastewater response during wet weather periods from each meter location, it seems intuitive that the majority of I/I sources impacting the Chanhassen sanitary sewer collection system would be from private property sources. Wastewater flow responses during wet weather periods not only impacted during the event but increase for days following the event, which is a typical wastewater response influenced by I/I from private property sources. Executive Summary (continued) INFLOW AND INFILTRATION STUDY CHANH 150965 ES-2 Approximately sixty (60) percent of the City’s sanitary infrastructure is located on private property. The majority of the City resources is currently allocated to addressing the public infrastructure and city staff efforts need to continue to maintain a properly functioning sanitary sewer collection system which includes the effective management of I/I within acceptable limits required by the MCES. In order to meet MCES peak hour flow rate requirements and reduce I/I to acceptable levels within the Chanhassen sanitary sewer collection system, additional measures will be necessary on the sanitary sewer infrastructure on public right of way. But the main focus of meeting MCES wastewater requirements should focus on private property inspection (PPI) and repair program. The recommended PPI program includes a CCTV inspection through the stack cleanouts inside each building with a push style camera. The entire building service lateral would be televised noting any issues or potential I/I defects. Any property inaccessible from the building would include a lateral launch inspection from the main lateral to complete all inspections. In addition, the adoption of a point of sale (POS) program would be recommended. During the sale of property, the owner would need a permit by the City to verify it was in compliance with the sewer ordinance. The recommendations include focusing on sewer districts (5-2, 5-3, 5-4, 5A-2 and 5A-3) with highest peak hour flow rates and I/I contributions which have the greatest impact on the MCES I/I program policy. Direct connections to the sanitary sewer such as those related to sump pump discharges or foundation drain connections should be removed first because they contribute a rapid I/I response as part of the initial peak hour flow rate and typically deliver the initial I/I response under wet weather conditions. The following steps are recommended based on the findings of the initial investigation and identify actions to be implemented to address both the public and private portions of the Chanhassen sanitary sewer collection system. 1. Target future CCTV and sewer lining projects on Sewer Districts 5, 5A, 7 and 7A. 2. Incorporate a manhole inspection program into the sewer lining program and in flooding and high groundwater areas. 3. Conduct a smoke testing investigation in Sewer District 5-3. 4. Implement a public education program to educate residents about I/I, current impact on the City’s infrastructure and what can be done to successfully manage it. 5. Implement a PPI program which will either be voluntary or mandatory. A mandatory program will require a review and update of the current city sewer ordinance. 6. Continue to review and revise the sewer ordinance as needed in order to provide the proper enforcement language to conduct and gain compliance for any adopted inspection programs. 7. Perform private property inspections which include a service lateral CCTV inspection from the property’s stack cleanout to the City’s main sanitary sewer lateral. Complete the inspections in Sewer Districts 5-2, 5-4, 5A-2 and 5A-3 first. 8. Update the sewer ordinance to allow for implementation of a POS program. The overall cost of the recommendations identified in Section 7 of this study is approximately $415,500. Included in the overall recommendations is the initial private property inspection costs of $273,000. Additional cost information is listed in Section 7.3 of this study. SEH is a registered trademark of Short Elliott Hendrickson Inc. INFLOW AND INFILTRATION STUDY CHANH 150965 i Contents Letter of Transmittal Certification Page Title Page Executive Summary Contents 1 Introduction ................................................................ 1  1.1 Current I/I Program Background ............................................................. 2  1.2 Purpose and Objectives ......................................................................... 2  2 Previous Studies and Data Review ............................ 3  3 Flow Monitoring Program ........................................... 4  3.1 Flow Meter Reconnaissance .................................................................. 5  3.2 Flow Meter Installation and Monitoring ................................................... 5  3.3 Flow Data Review and Evaluation .......................................................... 8  3.4 Flow Monitoring Summary Results ....................................................... 10  4 Potential I/I Infrastructure Sources ........................... 11  4.1 Public Infrastructure I/I .......................................................................... 11  4.2 Private Property I/I ................................................................................ 13  5 Private Property Program Options ........................... 17  5.1 Voluntary Residential Inspections ......................................................... 17  5.2 Mandatory Residential and Commercial Inspections ............................ 17  5.3 Point of Sale Inspection Program ......................................................... 17  5.4 Additional Program Options .................................................................. 18  6 Sewer Ordinance Requirements .............................. 18  7 Future Program Recommendations ......................... 19  7.1 Public Infrastructure Program ............................................................... 19  7.2 Private Property Program ..................................................................... 20  7.3 PPI Program Summary ......................................................................... 21  Contents (continued) INFLOW AND INFILTRATION STUDY CHANH 150965 ii List of Tables Table 1 – Sanitary Sewer Infrastructure and Parcel Counts ....................................... 4  Table 2 – Flow Monitoring Locations .......................................................................... 6  Table 3 – Wet Weather Events - Rainfall Data ........................................................... 7  Table 4 – Wet Weather Flow Results ......................................................................... 9  Table 5 – Table 5 - Program Cost Summary ............................................................ 22  List of Figures Figure 1 – Parcel Development (Sanitary Sewer Construction)  Figure 2 – May 27, 2019 Wet Weather Event  Figure 3 – Follow-up Flow Meter Location  Figure 4 – September 12, 2019 Wet Weather Event  Figure 5 – Future I/I Investigation Area  List of Appendices Appendix A Flow Meter Data  Appendix B Manhole Condition Assessment Reports  CHANH 150965 Page 1 Inflow and Infiltration Study Private Property Evaluation Prepared for the City of Chanhassen, Minnesota 1 Introduction Wastewater flow generated by the residents of Chanhassen is conveyed through the City’s local sanitary sewer collection system and transported via the Metropolitan Council Environmental Services (MCES) interceptors for treatment at the Blue Lake Wastewater Treatment Plant. The MCES monitors the volume of wastewater through a network of flow meter stations between communities to identify appropriate charges for conveyance and treatment of each cities wastewater contribution. Inflow and infiltration (I/I) is clear water entering the sanitary collection system through pipe defects or improper connections to the system during high groundwater conditions or during wet weather periods. More specifically, inflow is the result of a direct connection of clear water into the wastewater collection system including a catch basin, area drain or roof leader connection. Infiltration is an indirect connection of clear water into the wastewater collection system which can include water entering through an offset pipe joint or broken section of pipe. Inflow and infiltration does not need treatment and reduces the pipe capacity of the sanitary sewer collection system to convey wastewater for treatment. During spring months and rainfall periods, I/I can significantly reduce the pipe capacity and under extreme conditions cause wastewater to exit or overflow the sanitary sewer collection system. Raw sewage exiting the sanitary sewer causes environmental health issues concerns and is regulated by state and federal agencies. The MCES is fined by these agencies if any untreated wastewater exits the sanitary sewer collection system. To maintain pipe capacity and reduce the potential for wastewater exiting the sanitary sewer, MCES has established guidelines for acceptable I/I rates for each community in the Twin Cities metropolitan region. Through their I/I program, MCES has established peak hour discharge limits by community or sewer shed if multiple flow meter locations to identify a communities flow contributions to their interceptors are necessary. The City of Chanhassen has been identified through MCES’s I/I flow metering program, as a community in need of addressing clear water based on flows at MCES Meter Station’s M413 and M439. The two MCES meter stations are used to establish community wastewater charges for treatment and peak hour discharge requirements within Chanhassen. In order to identify future steps in reducing wastewater flow rates above the MCES peak hour guideline, the City of Chanhassen retained Short Elliott Hendrickson Inc. (SEH). The objective of this study was to perform an investigation of the existing sanitary sewer collection system, identify the need for establishing private property program and provide recommendations for implementing a long term private property program to remove I/I from the Chanhassen collection system. INFLOW AND INFILTRATION STUDY CHANH 150965 Page 2 1.1 Current I/I Program Background In order to meet future growth projections in the Twin Cities metro area, MCES completed a study to evaluate the capacity of their interceptors supporting the local community sanitary sewer collection systems. The study concluded that the interceptors would need to be upgraded in capacity to meet increase demand in the next thirty years. Pipe capacity in their interceptors would be adequate to meet future demand if I/I could be effectively managed within the communities. The study concluded that proper management of I/I would be less costly that increasing interceptor pipe capacity. Thus, MCES over the past fifteen years has been working with communities to develop I/I programs. The programs encourage local communities to implement investigation measures to locate potential sewer defects and remove I/I through effective sewer rehabilitation. In addition, MCES established community goals to develop sustainable I/I programs which would be effective in developing short and long range strategies for I/I reduction. Prior to MCES’s programs, the City of Chanhassen conducted their own sump pump inspection program in the late 1990’s in an effort to eliminate illicit discharges. In 2002, the City conducted a feasibility study for a sewage flow monitoring program with the goal of achieving fair and equitable allocations of the wastewater treatment costs provided by the MCES. Since then, the City has completed public sanitary sewer infrastructure and appurtenance inspections, repairs and upgrades with the goal of reducing I/I from the sanitary sewer collection system. Although many improvements have been implemented, the wastewater flow data from the MCES meter stations still indicate many areas of the overall Chanhassen sanitary collection system are experiencing I/I issues during wet weather periods. 1.2 Purpose and Objectives The purpose of this investigation was to assist the City of Chanhassen in developing an I/I study which will help identify specific sewer shed areas with greater I/I contributions rates. In addition, work with the City staff to identify I/I sources, reduction measures and establish an effective private property program which best fits the communities overall needs. The investigation objectives were as follows:  Perform necessary flow monitoring to determine greater I/I contribution areas during wet weather flow conditions.  Establish a baseline for future rehabilitation success.  Rank areas with high I/I potential so the City can focus on the portion of the collection system with the greatest potential reduction.  Summarize the findings of the flow monitoring program, identify and evaluate private property alternatives and provide recommendations for a future private property investigation and remediation program.  Review city ordinances and provide recommendations for ordinance revisions to support future private property program measures.  Identify a long term flow monitoring program, as needed, to establish future I/I abatement success.  Work with city staff to develop and prepare educational materials to support future private property program and I/I abatement initiatives. INFLOW AND INFILTRATION STUDY CHANH 150965 Page 3 2 Previous Studies and Data Review A kick-off meeting with City and SEH staff was completed to collect and review all available information (maps, flow data, manhole/pipe data, GIS database, etc.) provided by the City. In addition, a general background review of local surface soils, land use maps, and any available monitoring well data from state resources were reviewed to help understand local soil moisture conditions over time and the relationship between groundwater and I/I. Overall, the available data proved inconclusive in providing detailed information to use for with proposed I/I investigation(s). The project team meeting was also used to review operation and maintenance procedures with staff in order to identify sub-basin boundaries based on review of existing sewer maps and GIS data. Based on a preliminary review of the collection system, SEH identified ten (10) sub-basins or sewer districts used for the initial flow monitoring investigation. An eleventh sewer district was established later in the project after obtaining flow data from the MCES permanent M419 meter station referred in this investigation as District 7A. Each of the preliminary flow meter locations were discussed in regards to how they would be effective based on work completed to date on the public infrastructure. After discussion among the project team, a flow monitoring network was agreed to along with establishment of a numbering system with recommendations on the continued use of the numbering format for long-term use. The project files from the sump pump investigation completed in the late 1990’s were made available by the City along with previous closed circuit television (CCTV) inspection tapes. A sampling of data was reviewed by SEH staff to gain a better understanding of the City’s sanitary collection system. A meeting with the City’s GIS consultant was arranged to gain a better understanding of the GIS data available for future use on this project and I/I investigation projects in the future. Additional information included areas where public infrastructure improvements have been made prior to this investigation and individual parcel data. Figure 1, included at the end of this document, presents the City’s overall sanitary sewer collection system with each specific flow meter location used to collect wastewater flow measurements during study. The two permanent MCES meter stations (M413 and M419) used within the study were also identified in Figure 1 along with city parcel data. The parcel data was obtained from Carver County files and is not complete in some areas. Regardless, the data that was available was helpful in establishing a timeline of city development over the years. In addition, the parcel data was helpful in identifying areas for future flow monitoring based on homes built between 1960 and 1980 when residential development were likely to included provisions for handling groundwater issues. As discussed in the next section, at the start of the flow monitoring investigation, ten locations were selected for meter installations. Based on the flow data from the first three months, meter equipment was relocated to seven new locations based on the highest I/I contributions (Sewer Districts 4 and 5) during wet weather periods. In addition, a flow meter was installed in the northeast corner of the City of Chanhassen to identify potential I/I contributions from Sewer District 8. This area discharges wastewater into the City of Eden Prairie collection system before connecting into the MCES system. Overall, the flow monitoring program identified flow data results from eighteen separate sewer districts over the course of this study. Table 1 on the next page identifies the list of sewer districts used to determine wastewater flow conditions at various locations within the City of Chanhassen. The table also presents the INFLOW AND INFILTRATION STUDY CHANH 150965 Page 4 number of sanitary manholes and individual property parcels identified in each sewer district. This information was used to determine the potential costs associated with recommended investigation measures. The parcel data includes residential and commercial data sets and the information was obtained from GIS data as stated above. Table 1 – Sanitary Sewer Infrastructure and Parcel Counts Flow Meter District Manhole Count Parcel Count FM 1 395 1245 FM 2 184 653 FM 3 166 474 FM 4 263 1244 FM 4A 243 575 FM 4B 229 952 FM 5 246 439 FM 5-1 38 109 FM 5-2 28 72 FM 5-3 78 70 FM 5-4 46 153 FM 5A-1 99 246 FM 5A-2 150 499 FM 5A-3 65 188 FM 6 163 402 FM 7 261 500 FM 7A 94 251 FM 8 184 434 Unmetered 869 2079 Totals 3801 10585 The city has completed a number of sanitary sewer lining projects since the early 2000s as part of their operation and maintenance program and in more recent years for the specific purpose of addressing I/I issues. A number of sewer lining projects between 2013 through 2016 were completed as part of the operation improvements on the public sanitary infrastructure system. Because of the number of the lining projects which have occurred in Sewer District 5A, future private property investigations in this area could help to identify and quantify I/I sources strictly from the private property portion of the collection system. 3 Flow Monitoring Program Once the project team (SEH and City staff) was in agreement with the preliminary placement of the flow meter equipment, SEH began the process of determining suitable locations for wastewater flow metering based on pipe hydraulics, manhole configuration, equipment accessibility, etc. This section (Section 3) identifies the process used to determine the final flow monitoring locations in order to isolate I/I in specific pipe sections entering the Chanhassen sanitary sewer collection system. INFLOW AND INFILTRATION STUDY CHANH 150965 Page 5 3.1 Flow Meter Reconnaissance A field review of each potential flow monitoring site was completed by SEH staff to determine if it was a suitable location for equipment installation. Information collected included, but was not be limited to: the location of the site, diameter of the pipe(s), hydraulics of each manhole, manhole depth, elevation of the pipe flowline (including any drops), material of the manhole, and the material of the all pipes entering and exiting each manhole. All accessible manholes were inspected at or near where the Chanhassen sanitary sewer collection system connects to the MCES interceptor. In addition to the investigation for possible flow meter installation locations, each identified manhole was visually inspected for signs of I/I or any significant structural conditions that would elicit repair. Each potential flow meter manhole location was located with GPS using a handheld iPad or laptop computer with sub-meter accuracy. Data from the field review was recorded by field crews using an ESRI collector application software. Each flow meter location was reviewed by the project team based on the information collected during meter reconnaissance. All field data was made available electronically to the City for uploading to the City’s GIS software database. 3.2 Flow Meter Installation and Monitoring Ten (10) flow meters manufactured by Teledyne Isco were supplied by SEH and used for the projects flow monitoring investigation. Flow meter equipment was installed on May 17, 2019 at the locations identified during the meter reconnaissance phase of the project. Each location is depicted in Figure 2. Ten flow meter locations (FM 1, FM 2, FM 3, FM 4, FM 4A, FM 4B, FM 5, FM 5A, FM 6 and FM 7) were installed on May 17, 2019. All equipment was inspected and evaluated every other week in order to provide any required maintenance and to download the data. Wastewater flow data was transferred from each meter using a laptop computer for further review and analysis. Each flow meter recorded continuous raw monitoring data and summarized in 15 minute intervals to determine maximum and minimum flow rates along with total, average, and peak daily flow rates. In order to capture the data necessary to determine wet weather flow conditions, the initial ten flow monitoring locations remained in place until a number of wet weather events could be analyzed to determine which sewer shed districts had the highest I/I potential. The wastewater flow data was analyzed to determine both dry weather responses and wet weather peak flow rates. Each of the ten sewer districts were ranked according to their response to rainfall events. A technical report summarizing all the initial meter data was prepared and recommendations were presented to the City staff for additional flow monitoring. After review by the project team, it was decided to relocate eight of the ten initial flow meter locations to collect additional flow data on two of the original districts (FM 5 and FM 5A) and a previously unmetered sewer district (FM 8) which is located in the northeast corner of the city adjacent to the City of Eden Prairie. Sewer Districts 5 and 5A were selected for additional flow monitoring because they produced the highest I/I peak flow rates under wet weather events. Additional flow monitoring in Sewer District 8 was included because it was an unmetered area of the City discharging into the City of Eden Prairie. Flow meter locations at FM 5 and FM 5A remained installed along with seven additional sewer district areas (FM 5-1, FM 5-2, FM 5-3, FM 5-4, FM 5A-1, FM 5A-2 and FM 5A-3) were added to INFLOW AND INFILTRATION STUDY CHANH 150965 Page 6 isolate a portion of the sanitary sewer collection system in each area along with the additional flow meter installed at the FM 8 location. On August 26, 2019, the flow meters were relocated to the new locations. Each flow meter was installed and calibrated using the same approach as completed for the initial flow meter locations. The flow meters installed at the second locations collected wastewater data for approximately six weeks until October 10, 2019 when all the meters were removed. Table 2 below lists each of the flow monitoring locations utilized during the flow monitoring period. The table lists the flow meter street location, pipe size and the sanitary sewer manhole number based on the City of Chanhassen’s numbering system for each meter used in the study. Table 2 – Flow Monitoring Locations Flow Meter No. Location Pipe Size (in) Manhole ID FM 1 Great Plains Boulevard just north of Mission Hills Lane 21 35-044 FM 2 Lake Susan Park, South of Lake Drive E 10 34-149 FM 3 South of Park Road near Mallory Court 12 28-027 FM 4 West of Powers Boulevard, North of Lake Drive W 24 34-079 FM 4A Lyman Boulevard, West of Bluff Creek 21 40-005 FM 4B Stone Creek Drive, South of Coulter Boulevard 18 27-034 FM 5 North side of Rice Marsh Lake, East of Cheyenne Ave. 21 29-139 FM 5-1 Easement Southeast of Cheyenne Avenue 8 29-138 FM 5-2 Chan View West of Frontier Trail 10 23-105 FM 5-3 East of Great Plains Circle on Frontier Trail 8 23-106 FM 5-4 Frontier Trail near Del Rio Drive 8 23-195 FM 5A West of Lotus Lake, South of Big Woods Boulevard 18 18-061 FM 5A-1 Big Woods Boulevard and Carver Beach Road 8 18-054 FM 5A-2 Big Woods Boulevard and Carver Beach Road 8 18-154 FM 5A-3 Pontiac Lane East of Pima Lane 10 17-103 FM 6 Majestic Way and Windmill Drive 15 21-067 FM 7 South of Lift Station (LS) No. 3 15 02-021 FM 8 North of Brule Circle, West of Chanhassen Road 15 12-121 On the next page, Table 3 presents the daily rainfall data collected from three sources used for this study. Local rainfall data was collected from private sources and from the MCES rainfall gauge (RG-19) located just outside the northeast corner of the City of Chanhassen. The first location (identified as MCES RG-19) was collected by the Met Council just northeast of the city on Townline Road and the remaining two locations (identified as North and South Chanhassen) are located in the north central and south central areas of the City. The North and South rain gauges are operated and maintained by local sources within the City of Chanhassen through the INFLOW AND INFILTRATION STUDY CHANH 150965 Page 7 Community Collaborative Rain, Hail and Snow Network (CoCoRaHS). The three rain gauge locations were used to identify the daily intensity of each wet weather event and the regional coverage across the City of Chanhassen. Table 3 – Wet Weather Events - Rainfall Data Daily Rainfall Totals (in.)   Date MCES RG-19 North Chanhassen South Chanhassen May 27, 2019 2.04 1.75 1.5 June 4, 2019 0.38 0.10 0.80 June 11, 2019 0.19 n/a n/a June 12, 2019 0.08 n/a n/a June 14, 2019 0.38 n/a n/a June 15, 2019 0.21 n/a n/a June 20, 2019 0.54 n/a n/a June 23, 2019 0.47 0.60 0.50 June 27, 2019 0.33 n/a n/a June 30, 2019 0.89 2.00 2.70 July 1, 2019 2.52 2.00 0.75 July 2, 2019 0.70 n/a n/a July 4, 2019 0.24 n/a n/a July 5, 2019 0.15 n/a n/a July 9, 2019 0.30 n/a n/a July 10, 2019 0.20 n/a n/a July 15, 2019 2.53 2.00 2.10 July 20, 2019 1.82 0.90 0.90 July 28, 2019 0.47 0.34 0.30 August 5, 2019 1.09 1.10 0.67 August 10, 2019 0.19 0.20 0.72 August 13, 2019 0.87 0.48 0.32 August 15, 2019 0.66 0.63 0.57 August 17, 2019 2.49 2.32 2.52 August 20, 2019 1.49 0.74 0.70 August 26, 2019 1.06 1.06 0.95 September 2, 2019 0.73 0.73 n/a September 11, 2019 1.12 0.95 0.75 September 18, 2019 0.17 n/a n/a September 21, 2019 0.28 0.29 0.23 Notes: The wet weather dates highlighted were used in the analysis to establish I/I contributions in the study na – indicates no rainfall was recorded or the data was not available INFLOW AND INFILTRATION STUDY CHANH 150965 Page 8 3.3 Flow Data Review and Evaluation The following section reviews the rainfall and wastewater flow data collected during the monitoring period and the methods used to identify which sewer districts provide greater evidence of I/I during wet weather periods. A maximum peak hour rate for each sewer district was used as the measure of rating each district to define I/I contribution during the flow monitoring. During each wet weather event, I/I contribution increases the flow rates resulting in a maximum peak hour flow rate. By comparing the peak hour flow rates during wet weather events to typical flow rates during dry weather day, the amount of I/I contribution in gallons per minute (gpm) can be calculated. In addition, the peak hour flow rates identified on wet weather days can be compared with the average flow rates at each flow meter location to determine a peak flow rate to average flow rate referred to simply as a peak to average flow rate ratio (P/A). The higher the amount I/I contribution and peak to average flow rate ratio (P/A), the greater potential I/I entering the sanitary sewer collection system. Each of these measures were used to identify which sewer district to focus on for future I/I investigation evaluation and then to further locate and rehabilitate I/I sources. Examples of wastewater flow hydrographs from each district as determined by each flow meter is presented in Appendix A. 3.3.1 Rainfall Monitoring As previously presented in Table 3, daily rainfall totals from three rain gauge locations in or near the City of Chanhassen were used to determine which wet weather events to focus on during the flow monitoring period. Multiple gauge locations are helpful in determining the amount, intensity and distribution of rainfall in the area and identify if each storm event impacts isolated areas or the entire City of Chanhassen. A number of wet weather events produced rainfall in isolated areas which could make it difficult to determine I/I impact at multiple meter locations during the wet weather event. Overall, daily rainfall totals for the summer were well above normal but the number of significant (daily wet weather storm events greater than three inches) wet weather events were limited within the Chanhassen city limits. Typically, wet weather events producing greater than three inches of rainfall in a twenty-four (24) period do not occur each year but have the largest impact on I/I contribution regionally. Significant wet weather events were recorded west or north of Chanhassen with only four events producing amounts exceeding two inches of rainfall over a twenty-four (24) hour period. The largest wet weather events recorded during the flow monitoring period occurred on May 27, July 1, July 15 and August 17, 2019. During each of these events, all three of the rain gauges produced similar rainfall totals. 3.3.2 Wet Weather Flow Monitoring During the first phase of flow monitoring, three wet weather events (May 27th, July 1st and July 15th) produced significant increases in wastewater peak flow rates during daily rainfall periods exceeding 2.0 inches. The highest peak flow rates occurred on May 27, 2019 following the spring rains and when the groundwater typically is higher during the early spring months. None of the later 2019 wet weather events produced greater peak hour wastewater flow results than the initial May 27, 2019 wet weather event. INFLOW AND INFILTRATION STUDY CHANH 150965 Page 9 Thus, the May 27th rainfall event was the basis for determining each sewer districts I/I peak flow rate by subtracting wastewater flow rates at the same time and day of the week during a dry weather period from the peak hour flow rate recorded during the wet weather event. The dry weather period used for the calculation was always the week prior to the wet weather even as presented in the hydrographs included in Appendix A. Each sewer district was calculated in a similar manner along with the peak flow rate compared to the average flow rate (referred to as peak to average or P/A) calculated from the previous week using the methodology described in Section 3.3. Later in this section, Table 4 presents the overall I/I peak flow rates and P/A results for each sewer district of the flow monitoring investigation. The calculations resulting in the highest I/I concentration and P/A values were used to identify the sewer districts that needed additional flow monitoring. The peak flow rates presented in the first column of Table 4 are the actual wastewater flow rates recorded during the May 27th and September 12th wet weather events. For some of the sewer districts, wastewater enters from other sewer districts, compounding the flow values and represents more than one sewer districts flow. This is the case with Sewer District 5 where FM 5A wastewater flow rates recorded at FM 5A are also included in the wastewater flow rates for FM 5. During the first phase of the flow monitoring, three flow meters (FM 4, FM 4A and FM 4B) were used to monitor wastewater flow conditions in Sewer District 4 because of the size of the sanitary sewer collection system. Unfortunately during the May 27, 2019 wet weather event, the flow meter at FM 4 did not record accurate data due to an equipment maintenance issue. Since the peak flow rates for the FM 4A meter location were inconsistent based on other wet weather events and could not be verified by the results at the FM 4 meter location, Sewer District 5A was selected for further investigation. After the flow meter locations were relocated, a number of wet weather events were identified but only the wet weather event on September 12th produced consistent results with close to one inch of rainfall between the three rain gauge stations. This event was used to further isolate I/I contributions from the two sewer districts (5 and 5A) using the same approach identified above. Peak hour I/I rates and P/A values were calculated for comparison purposes at each of the flow meter locations in service at the time of the September 12th event. Table 4 – Wet Weather Flow Results Wet Weather Event - May 27, 2019 Flow Meter District Peak Flow Rate (gpm) I/I Flow Rate (gpm) P/A Ratio (2) FM 1 458 273 2.15 FM 2 295 <10 1.00 FM 3 350 <10 1.00 FM 4 (1) na na na FM 4A 595 307 2.44 FM 4B 185 109 2.60 FM 5 2,160 809 2.04 INFLOW AND INFILTRATION STUDY CHANH 150965 Page 10 Wet Weather Event - May 27, 2019 Flow Meter District Peak Flow Rate (gpm) I/I Flow Rate (gpm) P/A Ratio (2) FM 5A 509 366 2.32 FM 6 216 154 2.92 FM 7 202 162 4.69 FM 7A 326 161 1.76 Wet Weather Event - September 12, 2019 Flow Meter District Peak Flow Rate (gpm) I/I Flow Rate (gpm) P/A Ratio (2) FM 5 398 97 1.08 FM 5-1 111 72 3.58 FM 5-2 220 175 5.95 FM 5-3 (3) 335 274 3.72 FM 5-4 204 134 4.00 FM 5A <10 <10 1.00 FM 5A-1 167 48 2.23 FM 5A-2 316 108 2.29 FM 5A-3 126 105 6.63 FM 8 286 184 3.57 Notes: (1) Data error occurred during wet weather period (2) P/A - Peak Hour Flow Rate/Average Flow Daily Rate (3) Peak increase does not correlate to the same time period as the other locations 3.4 Flow Monitoring Summary Results Based on the results of the flow monitoring, the following conclusions were identified.  The majority of wet weather events recorded during the five months of flow monitoring did not produce high intensity storm events. Four wet weather events did approach the 2.0 inches of rainfall over a twenty-four (24) period which is an amount rainfall typically recorded on the average of once each year.  Sewer Districts 5, 5A and 7 produced the highest peak rates during the May 27, 2019 wet weather event and contributed the largest amount of I/I based on peak hour rates.  Sewer Districts 5-3, 8, 5-2 and 5-4 contributed the largest amount of I/I during the September 12, 2019 after the majority of the flow meters were relocated to Districts 5 and 5A.  Although the wastewater flow rates at the M5-3 location (Sewer District 5-3) did increase during the September 12th wet weather event, the peak rate occurred a few hours in INFLOW AND INFILTRATION STUDY CHANH 150965 Page 11 advance of the rainfall and with a short duration of response. This response is typically found from a direct discharge or direct type inflow source, similar to a backwash from a water treatment facility, commercial discharge or a catch basin/area drain direct connection from the sanitary sewer.  Further review of the flow data from the M5-3 meter location identified additional peak flow rates on non-wet weather days with similar increases over shorter durations. After discussion with City staff it was speculated that the peaks could be the result of an industrial discharge. To date it has not been verified and further investigation is needed to determine whether or not this condition is related to I/I or an illicit discharge.  Wastewater flow rates during wet weather periods produced significant increases for more than twenty four hours after the rainfall event had ended at a majority of the meter locations. This response is typical of an indirect I/I source such as a sump pump discharge, foundation drain connection or pipe defects in locations exposed to high groundwater conditions. Based on the age of the system and the wastewater response during wet weather periods from each meter location, it seems intuitive that the majority of I/I sources impacting the Chanhassen sanitary sewer collection system would be from private property sources. Wastewater flow responses during wet weather periods not only impacted during the event but remain elevated for several days following the event, which is a typical wastewater response influenced by I/I from private property sources. Examples of the I/I response typically resulting from private property defects are indicated on many of the flow hydrographs presented in Appendix A. Most of the flow hydrographs from the flow meter locations in Sewer Districts 5 and 5A during wet weather events present a significant peak hour flow rate response at the beginning of the event but even after the rainfall ends the wastewater flow rates remain high for days following the event. Although other sources of I/I can contribute to the overall problem, the flow monitoring identified in this study does indicate a need for additional I/I investigation with a focus on private property sources of I/I. 4 Potential I/I Infrastructure Sources The City of Chanhassen’s sanitary sewer collection system serving residential, commercial and industrial clients consists of a collection system made up of both private property and public infrastructure. Less than forty (40) percent of a typical city sanitary sewer collection system is on public ROW. In the past, many communities have focused most of their financial resources investigating and conducting sewer repairs to remove I/I from the public infrastructure. Even though they account for the majority of the collection system, historically private property infrastructure has typically not been investigated as thoroughly. This is typically due to the difficulty in locating potential sources on private property and more importantly the investigation measures being more intrusive to property owners. 4.1 Public Infrastructure I/I Public infrastructure I/I sources can include direct inflow connections to the sanitary sewer collection system from surface water or storm sewer drainage systems such as catch basins or area drains. Indirect inflow and infiltration contributors from cracks and leaking in manholes or mainline sewer piping can also impact public infrastructure. Since the City of Chanhassen has a separate storm sewer collection system which in the past has not been utilized for wastewater INFLOW AND INFILTRATION STUDY CHANH 150965 Page 12 conveyance, the likelihood of a catch basin or area drain connection to the sanitary sewer system is remote. Other common inflow sources can be found through leaking pipe joints or cracks in the sanitary sewer collection system. Over the years, pipe lining and sewer repair projects have been successful in reducing I/I from the private infrastructure portions of the sanitary sewer collection system. 4.1.1 Current City Sanitary Sewer Programs City staff has focused on the public sanitary sewer collection system by implementing manhole and pipe rehabilitation projects in areas with aging infrastructure. A number of lining projects have been completed over the years including an area in northeast area of the city (Sewer District 5). The sanitary sewer lining projects are selected based on closed circuit television (CCTV) inspection. Based on a structural condition assessment and an operation and maintenance assessment within each pipe segment, identified issues are selected for rehabilitation. In many cases, manhole condition assessments are included during the CCTV inspections and verified with a visual inspection of the manholes. City staff performs visual inspections on approximately one-third of the existing sanitary manholes annually. 4.1.2 Manhole Inspection During installation of the flow meter equipment, a number of sanitary manholes were found to be leaking or have evidence of leaking through the discovery of mineral deposits on wall or bench sections of the structure. As part of our investigation, on October 1, 2019, eighteen (18) manholes were inspected using a manhole inspection camera manufactured by IBAK which provides a 360 degree scanned image of the interior of the structure. An illustration of this process has been included which identifies the equipment used to perform the manhole inspections completed under this investigation. The data obtained during the manhole inspection investigation has been included in Appendix B. Each manhole was inspected and evaluated under the National Association of Sewer Service Companies (NASSCO) Pipeline Assessment Certification Program (PACP) specific for manholes, in this case, Manhole Assessment Certification Program (MACP). The NASSCO program was used to standardize conditional assessment data for all inspections whether it is from sanitary sewer pipes or manholes. Because some of the City’s and MCES sanitary manholes are located in easements or in areas with high groundwater, staff should plan on incorporating a manhole inspection program as part of their lining program to complete the sewer rehabilitation on the entire public infrastructure sanitary sewer collection system at the same time. 4.1.3 Future Public Infrastructure Programs The City of Chanhassen needs to continue their sanitary sewer collection system maintenance program through a comprehensive CCTV and lining program. The program will help the City of Chanhassen to stay in front of aging infrastructure which frequently leads to future I/I issues. In order to incorporate a condition assessment program covering the entire public infrastructure, manhole inspections should be incorporated with the CCTV pipe inspection. Future sewer Typical IBAK Camera Manhole Inspection INFLOW AND INFILTRATION STUDY CHANH 150965 Page 13 rehabilitation can then include both the manhole and pipe repairs together. The City should consider implementing an asset inventory program to manage all the infrastructure data recorded during CCTV and manhole inspections utilizing GIS. The data can be used to track the sanitary and storm sewer collection system condition over time to help develop long term capital improvements. Asset inventory and condition assessment for manholes is typically between $100 and $125 per manhole depending on the location and accessibility of the structure. City manholes located in easement or wetland areas and have the potential to be impacted by surface water ponding or in areas under high groundwater conditions. Targeting these areas for future inspection should be considered to reduce potential I/I through manholes during wet weather events. 4.2 Private Property I/I Private property I/I sources can include improper sump pump connections, foundation drain connections, drainage to floor drains, roof leader downspouts, stairwell or area drains connected to the sanitary sewer lateral, damaged cleanouts subject to surface drainage and/or damaged sewer service laterals. An illustration identifying many of these possible I/I sources from residential and commercial private property is presented below. Typical Private Property I/I Sources INFLOW AND INFILTRATION STUDY CHANH 150965 Page 14 Some or all of these potential I/I issues can be located through a variety of investigation and testing measures. There are a number of private property investigation (PPI) programs that can be implemented to locate specific sources. Many of these programs require access through the property owner’s residence or business. A more recent investigation method that is being utilized is the investigation of the private service lateral from access within the public main line sewer. The following section reviews each private property measure for potential implementation by the City of Chanhassen. 4.2.1 Potential Investigative Options Although there may be other investigation approaches, this study focuses on the three potential approaches to locating private property I/I sources which have been successfully implemented by other local area communities. The first two methods would require access to the owner’s residence or business and the remaining measures can be performed without property access. Each investigation measure is reviewed in the next sections along with examples of where these methods have been successfully implemented by local communities in the Twin Cities area. 4.2.2 Sump Pump/Building Inspection A building inspection is the least expensive PPI program but requires approval from the owner to enter the structure in order to complete the inspection. A trained field inspector reviews the exterior of the structure to verify that any surface water drainage connections such as roof leaders/drains or yard drains are not connected the building’s sewer lateral. An inspection of the basement is completed to verify any potential sump pumps or basement surface water drainage features are properly discharged outside of the structure and are draining away from the building. A successful sump pump or building inspection program relies on a well-designed public education program in order to be effective. Education of the public on the merits of the PPI program will increase owner cooperation and allow greater success and buy-in to the program. PPI programs with public education such as city web site articles, letters, community open houses, etc. are generally received with greater cooperation by the public. Public cooperation typically results in a higher success rate of getting a large percentage of completed inspections throughout the program area. The building inspection process can be completed in 20 to 30 minutes but information about the service lateral condition or the presence of sub-surface drainage pipe such as a foundation drain connection will not be located using this investigation measure. As indicated in Section 2, the City of Chanhassen implemented a sump pump inspection program in the 1990’s that was successful in locating a number of sump pump discharges improperly connected to the sanitary sewer. The current project team reviewed the records supplied by City staff on the previous sump pump program and according to City records almost all of the homes were brought into compliance with the current ordinance at the conclusion of the project. It is difficult to determine today if the all properties are still in compliance with the current sewer ordinance. Additionally, the inspection results do not account for all of the structures that have been constructed since the completion of the program. A number of Twin Cities metro communities have been successful in effectively removing I/I by implementing a building inspection and sump pump disconnect program. The City of Eagan completed a sump pump program requiring the inspection of over 22,000 properties and were INFLOW AND INFILTRATION STUDY CHANH 150965 Page 15 able to reduce their peak I/I flow rates below the allowable peak hour flow rate established by the MCES. A similar program was successfully implemented in the City of Forest Lake as well. The City of Minnetonka implemented a building inspection program along with a manhole rehabilitation program in order to reduce their I/I problem. To date, Minnetonka has been able to reduce their peak hour discharges by 15 to 20 percent. Portions of the city still remain above the allowable goal established under the MCES I/I program but the city continues to work towards the removal of I/I through the success they have had so far. 4.2.3 Service Lateral CCTV Inspection A number of first ring cities such as Golden Valley and West St. Paul believe their issue is a combination of sump pump and foundation drain connections to the building sewer service lateral. In order to identify and locate foundation drain connections, a closed circuit television (CCTV) camera is pushed through the building stack cleanout, typically at the basement level, out to the main sewer connection in the public ROW. A CCTV camera technician is able to not only inspect the building but perform a condition assessment of the sewer service lateral to check for improper connections. Additionally, the camera technician is able to check each connection by running water from inside the building to verify it is properly plumbed to the sanitary sewer. Typically, a PPI program involving a full service lateral inspection can be more difficult to get public support for and usually requires a robust public education program and a strong sewer ordinance for enforcement. Without the proper ordinance, typically less than thirty (30) percent of the property owners agree to allow the inspection to happen under a voluntary program. Other problems in completing a successful inspection can include the lack of access to the lateral or obstructions within the pipe caused by roots or structural pipe failures. The City of Columbia Heights is presently completing a service lateral inspection project but only on a voluntary basis. The City is using the information gained in the current PPI program to help establish direction for a more comprehensive program which will involve modifications to their existing sewer ordinance for more enforcement. To date, they have only been able to only get into about thirty-five (35) percent of the private properties. More communities have had success implementing a point of sale (POS) inspection program which after updating their sewer ordinance allows the city to perform the service lateral inspection anytime the property changes ownership. The only problem with this program is that it only addresses the properties that change ownership. If the City has a low home turnover rate, it may take too long to effectively remove PPI I/I sources. The City of Golden Valley has significantly reduced their I/I contributions by implementing a point of sale private property service lateral inspection program. In 2008, the City of Golden Valley implemented a mandatory point of sale program and has inspected more than 6,000 buildings over the past eleven years. A similar program was implemented by the City of West St. Paul within the last five years. West St. Paul started with a voluntary service lateral inspection program but after continuing to exceed their peak hour allowable limits set by the MCES, they expanded their program to a mandatory program with a goal of inspecting 1,400 properties each year. The number of inspections was reduced to approximately 500 private property service laterals every year which they negotiated as part of their work plan with the MCES. INFLOW AND INFILTRATION STUDY CHANH 150965 Page 16 4.2.4 Mainline Launch CCTV Inspection Recently, advances in technology with sewer inspection and rehabilitation equipment have made it possible to inspect a service lateral by launching the CCTV camera from the City’s sanitary sewer mainline connection located in the public right of way. The CCTV camera is attached to a crawler situated in the mainline pipe and positioned at the mainline service tap or wye where the camera is then launched up into the service lateral. Depending on the inspection system, the camera can inspect up to 300 feet of service lateral extending up to the building foundation. Typical service laterals range from 80 to 120 feet. The mainline inspection approach is a less intrusive process and eliminates the possible inconvenience to the property owner during the testing. The mainline launch approach eliminates the need to enter the structure unless the service lateral has an obstruction which reduces access for the full inspection from the service lateral. This method does not allow access past the building foundation, reducing the possibility of finding improper sump pump or foundation drain connections. At the completion of the inspection portion of the program, rehabilitation efforts can also extend from the main line all the way up to through the service lateral to the building foundation or transition (clay to cast iron) pipe serving the residential or commercial property. All of the investigation and sewer rehabilitation can be completed with limited impact to the property owner during the entire process. Again, the disadvantage is the lack of potential inspection within the building site where other potential I/I sources could exist. Even though this PPI program approach can be completed without accessing the home or needing a homeowner to be present, the City may still need to consider how to properly handle the liability of inspecting a private infrastructure without prior authorization from the homeowner. The reality is that no matter how the PPI program is implemented, the property owner’s approval will be necessary. The City of Saint Paul and the MCES, under a three year grant program offered by the MCES, are currently performing a private property pilot project on a small residential area on the West Side of the city. The City of Saint Paul has implemented a flow monitoring and private property inspection program designed to determine the most effective and efficient methods to reduce private property I/I within the pilot area. The flow monitoring program will be used to monitor the effect of implemented private sewer lateral rehabilitation measures once completed. The city started with a voluntary CCTV sewer lateral inspection program originating at the property stack cleanout inside each building which only provided successful inspections in approximately thirty (30) percent of the residential properties. The remaining properties (approximately 70%) were inspected using a mainline launch CCTV camera which increased the percentage of successful inspection to over ninety-five (95) percent. At this time, the City of Saint Paul is reviewing the data collected during the inspection process and evaluating options for sewer lateral rehabilitation. The repair work will be implemented in 2020 with additional flow monitoring in 2021 to evaluate the impact of I/I reduction. INFLOW AND INFILTRATION STUDY CHANH 150965 Page 17 5 Private Property Program Options A number of investigative programs have been implemented by communities to identify and remove I/I located on private property. They include the following:  Voluntary Residential Inspections  Mandatory Residential and Commercial Inspections  Point of Sale  Pilot Studies Each of these programs have been implemented with various degrees of success depending upon which PPI program method was implemented and the strength of the enforcement language in the sewer ordinance supporting the PPI program. Any of the PPI investigation methods listed above could be implemented in conjunction with a street reconstruction or infrastructure improvement project. 5.1 Voluntary Residential Inspections Program development based on a voluntary inspection approach by the public are generally the easiest to implement because residents are in control of their response to the issue. They are not required to take action to the City’s program request. This program has the least potential for success on a wide scale and typically results in less than thirty (30) percent inspection success. An effective public notification process can potentially increase the success of a voluntary private property program and the number of successful inspections 5.2 Mandatory Residential and Commercial Inspections Mandatory inspection programs can be more effective but are generally more difficult to implement because a sewer ordinance is required to enforce property owner action to comply with any city request. This program has the highest potential for inspecting all of the target properties but the difficult part is getting public acceptance and the proper ordinances in place to enforce the program. The first key to implementation of this program is an effective public involvement campaign to educate the public on the overall benefits of the program. Public education would consist of articles on the community website, newsletters and public forums to discuss the benefits of the program. Updating the sewer ordinance would be the next step for implementing a mandatory inspection program. Additions to the sewer ordinance would include requirements for the inspection, results for non-compliance, requirements for repairs, and schedules for compliance. Updating a sewer ordinance will depend on the type of inspection program conducted by the City of Chanhassen. 5.3 Point of Sale Inspection Program Private property inspections based on a point of sale (POS) program are also mandatory in that they are typically required by the city at the change of ownership from any property owner. Any real estate transaction would require a permit and subsequent inspection issued by the city in order to demonstrate the building’s service lateral is not contributing I/I to the city’s sanitary sewer collection system. This program would also require specific language in the sewer ordinance to support the POS program. If any service lateral defects were identified during the inspection, the current property INFLOW AND INFILTRATION STUDY CHANH 150965 Page 18 owner would either need to repair any issue or put the money in escrow so future corrections could be funded by the new property owner. The success of this program is dictated by each City’s turnover rate the real estate market and can be coupled with a voluntary or mandatory programs focused on smaller areas of the city. 5.4 Additional Program Options There are a number of communities locally and nationally which have adopted private property programs in coordination with their street reconstruction programs. Typically, sanitary sewer inspection (CCTV) is completed before any street reconstruction is implemented in order to evaluate all of the infrastructure in the project area to ensure all necessary repairs can be completed at the same time. By incorporating private property service lateral inspection as part of the street reconstruction program, cost can be reduced to repair the private infrastructure and can result in more homeowner buy-in. Another private property program with a more focused approach is through a pilot study designed to specifically address I/I. Municipalities through initial I/I investigation measures, such as flow monitoring, first locate areas with I/I potential and then complete a private property inspection on all the buildings in the respective area. After repairs are completed, additional flow monitoring determines the effectiveness of the program. Again, this program would need an effective public information process and the proper sewer ordinance to help enforce the program. This program approach is similar to Saint Paul pilot project with the Metropolitan Council grant listed in Section 4.2.4 of this report. 6 Sewer Ordinance Requirements As stated earlier, determining the private property program that best fits the communities need and can be implemented by private residences and business is the first step. Once the program requirements are determined the following items will need to be addressed to develop an effective sewer ordinance  Identify the properties in the ordinance impacted by the changes.  The type of inspection and/or procedures necessary to meet sewer ordinance requirements.  Identify any permits and/or fees for the inspection required by the city.  Identify all compliance penalties for non-compliance of the ordinance.  Identify repair work time lines for completion and ordinance compliance. Working with city staff and legal authorities is generally needed in order to develop the proper enforceable sewer ordinance. A public education program during the drafting and implementation of the revised ordinance is a key to helping property owners understand why I/I is an important issue and how it directly impacts them and the community. 6.1.1 Private Property Inspection Education An effective education program will help establish the political will to insure property owner compliance. Property owner acceptance is often an issue with elected officials and city staff who have to approve of the private property investigation (PPI) program. Community education and public outreach can educate everyone on the costs and benefits of implementation of a PPI INFLOW AND INFILTRATION STUDY CHANH 150965 Page 19 program. Some of the methods which can be used to educate the public can include the following:  Articles posted on the community website  Community flyers or public mailings to introduce I/I information  Public meetings to introduce PPI programs  Public school education – introduction to I/I and how is it important  Develop frequently asked questions (FAQ) flyers and post on web-site or use community flyers The most effective education programs are ones that use multiple methods to get information to the public. The Metropolitan Council through their website has information posted on I/I which can be linked to local community sites to help with the education process. In addition, there a many examples available through collaborating with other communities to identify effective I/I educational materials. 6.1.2 Potential PPI Program Costs Private property program costs vary depending on the type of adopted measures implemented by communities. A building inspection program including the public notification process can range from $50 to $75 per building for residential property based on the cost of contracting the service with a private consultant or contractor. A commercial property inspection can range up to four times that amount depending on the number of buildings and size of property. A service lateral CCTV inspection with prior public notification is typically $300 per residential property with commercial properties again ranging up to four times that amount depending on the number of buildings and size of the property. Inspection costs on a service lateral completed through a main lateral launch program are typically the same amount. Private property repairs associated with I/I defects can vary depending on the type of repair which can include sump pump and foundation drain disconnects from sanitary sewer laterals, service lateral repairs such as broken cleanouts and/or piping and leaking offset pipe joints. Sump pump disconnects are generally the lowest cost for repair at less than $500 per property while service lateral lining or replacement costs can range from $6,000 to $10,000 depending on the length of lateral and method used to repair or replace the service lateral. Depending on how the PPI program is developed, individual private property owners may be required to share the cost burden of repair to repair their portion of the sanitary sewer collection system. 7 Future Program Recommendations Based on the results of this investigation, SEH recommends the City enhance their current inflow and infiltration program efforts under their current public infrastructure objectives and by implementing a private property inspection and repair program. The following sections identify measures to be added to complement existing public infrastructure investigations and the development of a new private property program in an effort to reduce peak I/I rates during wet weather conditions 7.1 Public Infrastructure Program For the public infrastructure portion of the sanitary sewer collection system, the City should continue their CCTV program and identify lining projects in areas where pipe conditions indicate INFLOW AND INFILTRATION STUDY CHANH 150965 Page 20 a need for repair. We would recommend focusing any sanitary sewer project recommendations on the areas identified in Figure 5 (Sewer Districts 5, 5A, 7 and 7A). Each of these sewer districts exhibited the highest peak inflow rates during wet weather periods through the flow monitoring program in 2019. In addition, we would recommend upgrading the current manhole inspection program using an IBAK camera as part of any sewer lining project and in any of the areas with the largest potential for I/I contribution (Sewer Districts 5, 5A, 7 and 7A). The advantage of using the IBAK camera instead of a visual inspection approach is that it will provide a visual documentation method for asset management with GIS integration to help develop future capital infrastructure improvement projects. Up to 300 manholes would be identified for inspection each year based on location (low ponding or high groundwater areas which are typically impacted by I/I). A condition assessment rating for both structural and operation & maintenance condition would be completed on each manhole inspected to determine if any future repair measures are required. I/I defects (operation & maintenance issues) would be identified as a priority for manhole repair. During the flow monitoring, Sewer District 5-3 produced the highest increases in wastewater flows during wet weather events. The peak rates only lasted for as long as the rainfall period lasted which is typical response when the I/I is being contributed by a direct source. The flow data did indicate a possible industrial discharge source that could contribute to the peaks which may require further investigation. Our recommendation in this area would be to conduct a smoke testing investigation to determine if any direct source of inflow is discharging into the sanitary sewer if the flows cannot be fully attributed to an industrial source. 7.2 Private Property Program Implementing a successful PPI program is a difficult tasks which may need to be addressed with a couple of options. Our recommendation would be to implement a program which first educates the public on the need to address the I/I issue and its importance to the community. A PPI program starts with public education through methods discussed in Section 6.6.1. The next step would be to target the areas in the problem districts, where the flow monitoring indicated the highest I/I concentration during wet weather events (Sewer Districts 5-2, 5-4, 5A-2 and 5A-3). We would recommend performing service lateral inspections on individual residential properties either through a voluntary program or revising the sewer ordinance to incorporate the proper language for the enforcement of mandatory inspections. Using a voluntary inspection approach, additional information could be obtained to help identify the specific I/I problems and the scope of the problems. This information could be helpful in drafting sewer ordinance revisions tailored to the type of PPI program approach initiated by the City of Chanhassen. The PPI program we would recommend includes a CCTV inspection through the stack cleanouts inside each building with a push style camera. The entire building service lateral would be televised noting any issues or potential I/I defects. As stated earlier in this report, approximately thirty (30) percent of residents during voluntary programs allow the inspection to be initiated. The PPI program may need to include a lateral launch inspection from the main lateral to complete all the inspections in the area. The addition of the lateral launch inspection method would increase the inspection success. INFLOW AND INFILTRATION STUDY CHANH 150965 Page 21 We would recommend adopting a point of sale program. During the sale of property, the owner would need a permit by the City to verify it was in compliance with the sewer ordinance. Any improper sewer lateral connections or defects would either need to be repaired prior to sale or escrow funds for any repairs would need to be established for the future owner. Any revisions to the existing sewer ordinance would require enforcement language mandating an inspection permit complying with the sewer ordinance for any property sold within the City of Chanhassen to support the point of sale (POS) program. We would also recommend prioritizing I/I defects which can have the greatest impact on the MCES I/I program policy. Direct connections to the sanitary sewer such as those related to sump pump discharges or foundation drain connections should be the ones removed first because they contribute a rapid I/I response as part of the initial peak hour flow rate and typically deliver the initial I/I response of the private property defects. 7.3 PPI Program Summary This section provides an overall summary of our recommendations for locating and removing I/I from the Chanhassen sanitary sewer collection system. The actions proposed are designed to provide future direction for the City to maintain their infrastructure and manage their I/I based on MCES requirements for wastewater discharge into the regional interceptors. The following steps are recommended based on the findings of the initial investigation and identify actions to be implemented to address both the public and private portions of the Chanhassen sanitary sewer collection system. 1. Target future CCTV and sewer lining projects on Sewer Districts 5, 5A, 7 and 7A. 2. Incorporate a manhole inspection program into the sewer lining program and in flooding and high groundwater areas. 3. Conduct a smoke testing investigation in Sewer District 5-3. 4. Implement a public education program to educate residents about I/I, current impact on the City’s infrastructure and what can be done to successfully manage it. 5. Implement a PPI program which will either be voluntary or mandatory. A mandatory program will require a review and update of the current city sewer ordinance. 6. Continue to review and revise the sewer ordinance as needed in order to provide the proper enforcement language to conduct and gain compliance for any adopted inspection programs. 7. Perform private property inspections which include a service lateral CCTV inspection from the property’s stack cleanout to the City’s main sanitary sewer lateral. Complete the inspections in Sewer Districts 5-2, 5-4, 5A-2 and 5A-3 first. 8. Update the sewer ordinance to allow for implementation of a POS program. The estimate cost of the program will depend on whether a voluntary or mandatory program is initiated. Table 5 on the next page details the costs based on a mandatory program implemented in the recommended sewer districts. INFLOW AND INFILTRATION STUDY CHANH 150965 Page 22 Table 5 – Table 5 - Program Cost Summary CCTV/Sewer Lining Projects $80,000 Manhole Inspection Program $37,500 Smoke Testing Investigation $12,000 Public Education $3,000 Private Property Sewer Lateral Inspections $273,000 Sewer Ordinance Revisions $10,000 The cost of the private property sewer lateral inspections have been estimated based on the four recommended sewer districts below to begin the program and the number of developed parcels identified in Table 1. The sewer lateral inspection costs listed in Table 5 breakdown as follows:  Sewer District 5-2 $22,000  Sewer District 5-3 $46,000  Sewer District 5A-2 $149,000  Sewer District 5A-3 $56,000 The sewer repair costs will depend on the types of problems uncovered as a result of the private property inspections. Since limited grant funds are available currently to fund these programs, the repairs generally are paid by the property owners. The initial inspection can either be paid by the City of Chanhassen or included as a permit fee at the time of inspection. Other communities have paid the initial inspection fee but required the property owner to incur the remaining costs of the repairs. Figures Figure 1 – Parcel Development (Sanitary Sewer Construction) Figure 2 – May 27, 2019 Wet Weather Event Figure 3 – Follow-up Flow Meter Location Figure 4 – September 12, 2019 Wet Weather Event Figure 5 – Future I/I Investigation Area Appendix A Flow Meter Data Appendix B Manhole Condition Assessment Reports Chanhassen Manhole Inspection Report Cover | Adjustment Ring Cover Shape:26.00 in.Cover Size: Bearing Surface Diam: 0Pick Holes: 26.00 in. Cover Insert Type: Cover Insert Condition: 0.00 in.Adjustment Ring Height: Adjustment Ring Condition: Cover Material: Cover Condition: Cover Type: Hole Diameter: Cover/Frame Fit: Adjustment Ring Type: Adjustment Ring Material: Bearing Surface Width: Cover Size Width: Asset Information 23-108Structure Number: 7.65 ft.Rim to Invert: 7.65 ft.Grade to Invert: Frame Frame Material: 0.75 in. 24.00 in. 1.50 in. Frame Bearing Surface Width: Depth: 0.00 in.Frame Offset Distance: Frame Clear Opening Diam: Frame Condition: 7.50 in.Frame Depth: Frame Seal Condition: Frame Seal Inflow: Frame Clear Opening Width: Inspection Information 150965Project: Location Details: Additional Info: Inflow Potential from Runoff: Inspection Date: SEH Manhole Rating: Additional Component Info: Evidence of Surcharge: Access Point Type: Location Code: Weather: Sound Solid Circular Cast Iron Good None None Cast Iron Sound None Sound Local Rural Streets - Light traffic, town and city back streets, estate streets and curbside parking areas Manhole Light Rain Surveyed By: No 10/1/2019 System Owner:Chanhassen None ZBorich, SEH Access Point Use:Sanitary AsphaltSurface Type: Adjustment Ring Rating: Street: City: U-116-07002549Surveyor Certificate No.: Inspection Status: 0.00 Reviewed By: Reviewer Certificate No.: Rim to Grade: Cover Rating: Frame Rating: 3 - moderate defects - deterioration may continue, at a 10 to 20 year timeframe 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 1 of 36 23-108MH Chimney Material: 26.70 in.0.96 in.Chimney Depth: 5.28 in. Chimney | Cone 46.00 in. 7.14 in. Wall Material: 5 Wall | Bench | Channel Chimney Infiltration/Inflow: Chimney Clear Opening: Cone Type: Cone Material: Cone Depth: Wall Diameter/Lenght: Manhole Steps: Bench Material: Bench Coating/Liner: Channel Material: Channel Type: Wall Depth: Step Material: Bench Present: Channel Installed: Channel Exposure: Channel Condition: Bench Condition: Wall Condition: Wall by Size (width): Cone Condition: Chimney Condition: Chimney Present: Concrete (precast) Sound Concrete (cast in place) Sound Yes Fully OpenedConcrete (cast in place) Concrete (precast) Conical centered None Yes Not Known Sound Sound Formed Sound Yes Metal Chimney Coating/Liner: Cone Coating/Liner: Wall Rating: Wall Coating/Liner: Bench Rating: Channel Rating: Plastic None None None Chimney Rating: Cone Rating:1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future 2 - minor defects - unlikely to fail for at least 20 years 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future Connections Pipe No. Clock Pos. Rim To Invert (Ft) Height (In) Width (In) Pipe Comments Direction Material Pipe Seal Cond. Shape Pipe TypePipe Cond. Bulk- head Bulk- head Cond. Cond. Rating 1 6 7.65 8.00 Lined VCP.Out Vitrified Clay Pipe SoundCircular Gravity Connection Sound No 1 2 10 6.31 4.00InPolyvinyl Chloride SoundCircular Gravity Connection Sound No 1 3 2 5.67 4.00 Minor cracks and roots in pipe seal. In Cast Iron SoundCircular Gravity Connection Sound No 2 4 4 6.67 4.00 Roots around pipe seal.In Cast Iron DefectiveCircular Gravity Connection Sound No 3 S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 2 of 36 23-108MH Chanhassen Manhole Inspection Report Cover | Adjustment Ring Cover Shape:26.00 in.Cover Size: Bearing Surface Diam: 0Pick Holes: 26.00 in. Cover Insert Type: Cover Insert Condition: 0.00 in.Adjustment Ring Height: Adjustment Ring Condition: Cover Material: Cover Condition: Cover Type: Hole Diameter: Cover/Frame Fit: Adjustment Ring Type: Adjustment Ring Material: Bearing Surface Width: Cover Size Width: Asset Information 23-110Structure Number: 9.28 ft.Rim to Invert: 9.28 ft.Grade to Invert: Frame Frame Material: 0.75 in. 24.00 in. 1.50 in. Frame Bearing Surface Width: Depth: 0.00 in.Frame Offset Distance: Frame Clear Opening Diam: Frame Condition: 7.50 in.Frame Depth: Frame Seal Condition: Frame Seal Inflow: Frame Clear Opening Width: Inspection Information 150965Project: Location Details: Additional Info: Inflow Potential from Runoff: Inspection Date: SEH Manhole Rating: Additional Component Info: Evidence of Surcharge: Access Point Type: Location Code: Weather: Sound Gasketed_Solid Lid Circular Cast Iron Good None None Cast Iron Sound None Sound Local Rural Streets - Light traffic, town and city back streets, estate streets and curbside parking areas Manhole Dry Weather/Wet Ground Surveyed By: No 10/1/2019 System Owner:Chanhassen None ZBorich, SEH Access Point Use:Sanitary AsphaltSurface Type: Adjustment Ring Rating: Street: City: U-116-07002549Surveyor Certificate No.: Inspection Status: 0.00 Reviewed By: Reviewer Certificate No.: Rim to Grade: Cover Rating: Frame Rating: 3 - moderate defects - deterioration may continue, at a 10 to 20 year timeframe 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 3 of 36 23-110MH Chimney Material: 26.40 in.1.57 in.Chimney Depth: 6.06 in. Chimney | Cone 47.00 in. 8.19 in. Wall Material: 5 Wall | Bench | Channel Chimney Infiltration/Inflow: Chimney Clear Opening: Cone Type: Cone Material: Cone Depth: Wall Diameter/Lenght: Manhole Steps: Bench Material: Bench Coating/Liner: Channel Material: Channel Type: Wall Depth: Step Material: Bench Present: Channel Installed: Channel Exposure: Channel Condition: Bench Condition: Wall Condition: Wall by Size (width): Cone Condition: Chimney Condition: Chimney Present: Concrete (precast) Defective Concrete (cast in place) Sound Yes Fully OpenedConcrete (cast in place) Concrete (precast) Conical centered None Yes Not Known Sound Sound Formed Sound Yes Metal Chimney Coating/Liner: Cone Coating/Liner: Wall Rating: Wall Coating/Liner: Bench Rating: Channel Rating: Plastic None None None Chimney Rating: Cone Rating:1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future 3 - moderate defects - deterioration may continue, at a 10 to 20 year timeframe 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future Connections Pipe No. Clock Pos. Rim To Invert (Ft) Height (In) Width (In) Pipe Comments Direction Material Pipe Seal Cond. Shape Pipe TypePipe Cond. Bulk- head Bulk- head Cond. Cond. Rating 1 6 9.28 8.00OutVitrified Clay Pipe SoundCircular Gravity Connection Sound No 1 2 9 8.87 8.00 Lined VCP.In Vitrified Clay Pipe SoundCircular Gravity Connection Sound No 1 3 1 8.89 8.00 Lined VCP. Infiltration near pipe seal. In Vitrified Clay Pipe DefectiveCircular Gravity Connection Sound No 2 4 2 9.14 8.00 Lined VCP. Infiltration near pipe seal. In Vitrified Clay Pipe DefectiveCircular Gravity Connection Sound No 2 5 5 5.10 Yes Good 1 S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 4 of 36 23-110MH Chanhassen Manhole Inspection Report Cover | Adjustment Ring Cover Shape:26.00 in.Cover Size: Bearing Surface Diam: 0Pick Holes: 26.00 in. Cover Insert Type: Cover Insert Condition: 0.00 in.Adjustment Ring Height: Adjustment Ring Condition: Cover Material: Cover Condition: Cover Type: Hole Diameter: Cover/Frame Fit: Adjustment Ring Type: Adjustment Ring Material: Bearing Surface Width: Cover Size Width: Asset Information 23-114Structure Number: 7.75 ft.Rim to Invert: 7.75 ft.Grade to Invert: Frame Frame Material: 1.00 in. 24.00 in. 1.50 in. Frame Bearing Surface Width: Depth: 0.00 in.Frame Offset Distance: Frame Clear Opening Diam: Frame Condition: 7.00 in.Frame Depth: Frame Seal Condition: Frame Seal Inflow: Frame Clear Opening Width: Inspection Information 150965Project: Location Details: Additional Info: Inflow Potential from Runoff: Inspection Date: SEH Manhole Rating: Additional Component Info: Evidence of Surcharge: Access Point Type: Location Code: Weather: Sound Solid Circular Cast Iron Good None None Cast Iron Sound None Sound Local Rural Streets - Light traffic, town and city back streets, estate streets and curbside parking areas Manhole Dry Weather/Wet Ground Surveyed By: No 10/1/2019 System Owner:Chanhassen None ZBorich, SEH Access Point Use:Sanitary AsphaltSurface Type: Adjustment Ring Rating: Street: City: U-116-07002549Surveyor Certificate No.: Inspection Status: 0.00 Reviewed By: Reviewer Certificate No.: Rim to Grade: Cover Rating: Frame Rating: 3 - moderate defects - deterioration may continue, at a 10 to 20 year timeframe 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 5 of 36 23-114MH Chimney Material: 26.40 in.1.71 in.Chimney Depth: 5.98 in. Chimney | Cone 47.00 in. 7.02 in. Wall Material: 3 Wall | Bench | Channel Chimney Infiltration/Inflow: Chimney Clear Opening: Cone Type: Cone Material: Cone Depth: Wall Diameter/Lenght: Manhole Steps: Bench Material: Bench Coating/Liner: Channel Material: Channel Type: Wall Depth: Step Material: Bench Present: Channel Installed: Channel Exposure: Channel Condition: Bench Condition: Wall Condition: Wall by Size (width): Cone Condition: Chimney Condition: Chimney Present: Concrete (precast) Defective Concrete (cast in place) Sound Yes Fully OpenedVitrified Clay Concrete (precast) Conical centered None Yes Not Known Sound Sound Pipe Sound Yes Metal Chimney Coating/Liner: Cone Coating/Liner: Wall Rating: Wall Coating/Liner: Bench Rating: Channel Rating: Plastic None None None Chimney Rating: Cone Rating:1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future 3 - moderate defects - deterioration may continue, at a 10 to 20 year timeframe 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future Connections Pipe No. Clock Pos. Rim To Invert (Ft) Height (In) Width (In) Pipe Comments Direction Material Pipe Seal Cond. Shape Pipe TypePipe Cond. Bulk- head Bulk- head Cond. Cond. Rating 1 6 7.75 10.00 Possibly Lined VCP. Deposits covering majority of pipe surface. Out Vitrified Clay Pipe DefectiveCircular Gravity Connection Defective No 3 2 9 7.57 Yes Needs Repair 3 3 12 7.50 10.00 Pipe material looks like PVC. In Polyvinyl Chloride DefectiveCircular Gravity Connection Sound No 2 4 3 7.05 4.00 Corrosion/pitting of pipe. Infiltration near pipe seal. In Cast Iron DefectiveCircular Gravity Connection Defective No 3 S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 6 of 36 23-114MH Chanhassen Manhole Inspection Report Cover | Adjustment Ring Cover Shape:26.00 in.Cover Size: Bearing Surface Diam: 0Pick Holes: 26.00 in. Cover Insert Type: Cover Insert Condition: 0.00 in.Adjustment Ring Height: Adjustment Ring Condition: Cover Material: Cover Condition: Cover Type: Hole Diameter: Cover/Frame Fit: Adjustment Ring Type: Adjustment Ring Material: Bearing Surface Width: Cover Size Width: Asset Information 23-116Structure Number: 8.42 ft.Rim to Invert: 8.42 ft.Grade to Invert: Frame Frame Material: 1.00 in. 24.00 in. 1.50 in. Frame Bearing Surface Width: Depth: 0.00 in.Frame Offset Distance: Frame Clear Opening Diam: Frame Condition: 7.00 in.Frame Depth: Frame Seal Condition: Frame Seal Inflow: Frame Clear Opening Width: Inspection Information 150965Project: Location Details: Additional Info: Inflow Potential from Runoff: Channel is both concrete (cast in place) and VCP. Inspection Date: SEH Manhole Rating: Additional Component Info: Evidence of Surcharge: Access Point Type: Location Code: Weather: Sound Solid Circular Cast Iron Good None None Cast Iron Sound None Sound Local Rural Streets - Light traffic, town and city back streets, estate streets and curbside parking areas Manhole Dry Weather/Wet Ground Surveyed By: No 10/1/2019 System Owner:Chanhassen None ZBorich, SEH Access Point Use:Sanitary AsphaltSurface Type: Adjustment Ring Rating: Street: City: U-116-07002549Surveyor Certificate No.: Inspection Status: 0.00 Reviewed By: Reviewer Certificate No.: Rim to Grade: Cover Rating: Frame Rating: 3 - moderate defects - deterioration may continue, at a 10 to 20 year timeframe 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 7 of 36 23-116MH Chimney Material: 23.40 in.0.83 in.Chimney Depth: 5.11 in. Chimney | Cone 47.00 in. 7.83 in. Wall Material: 5 Wall | Bench | Channel Chimney Infiltration/Inflow: Chimney Clear Opening: Cone Type: Cone Material: Cone Depth: Wall Diameter/Lenght: Manhole Steps: Bench Material: Bench Coating/Liner: Channel Material: Channel Type: Wall Depth: Step Material: Bench Present: Channel Installed: Channel Exposure: Channel Condition: Bench Condition: Wall Condition: Wall by Size (width): Cone Condition: Chimney Condition: Chimney Present: Concrete (precast) Defective Concrete (cast in place) Sound Yes Fully OpenedConcrete (cast in place) Concrete (precast) Conical centered None Yes Not Known Sound Sound Formed Sound Yes Metal Chimney Coating/Liner: Cone Coating/Liner: Wall Rating: Wall Coating/Liner: Bench Rating: Channel Rating: Plastic None None None Chimney Rating: Cone Rating:1 - minor defects - failure unlikely in foreseeable future 2 - minor defects - unlikely to fail for at least 20 years 3 - moderate defects - deterioration may continue, at a 10 to 20 year timeframe 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future Connections Pipe No. Clock Pos. Rim To Invert (Ft) Height (In) Width (In) Pipe Comments Direction Material Pipe Seal Cond. Shape Pipe TypePipe Cond. Bulk- head Bulk- head Cond. Cond. Rating 1 6 8.42 10.00 Lined VCP. Minor cracks in pipe seal. Out Vitrified Clay Pipe SoundCircular Gravity Connection Sound No 2 2 11 8.28 10.00 Lined VCP. Root infiltration protruding through pipe seal. In Vitrified Clay Pipe DefectiveCircular Gravity Connection Sound No 3 3 12 5.54 6.00 Root infiltration protruding through pipe seal. In Not Known DefectiveCircular Gravity Connection Sound No 3 S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 8 of 36 23-116MH Chanhassen Manhole Inspection Report Cover | Adjustment Ring Cover Shape:26.00 in.Cover Size: Bearing Surface Diam: 0Pick Holes: 26.00 in. Cover Insert Type: Cover Insert Condition: 0.00 in.Adjustment Ring Height: Adjustment Ring Condition: Cover Material: Cover Condition: Cover Type: Hole Diameter: Cover/Frame Fit: Adjustment Ring Type: Adjustment Ring Material: Bearing Surface Width: Cover Size Width: Asset Information 18-083Structure Number: 11.98 ft.Rim to Invert: 11.98 ft.Grade to Invert: Frame Frame Material: 1.00 in. 24.00 in. 1.50 in. Frame Bearing Surface Width: Depth: 0.00 in.Frame Offset Distance: Frame Clear Opening Diam: Frame Condition: 7.00 in.Frame Depth: Frame Seal Condition: Frame Seal Inflow: Frame Clear Opening Width: Inspection Information 150965Project: Location Details: Additional Info: Inflow Potential from Runoff: Inspection Date: SEH Manhole Rating: Additional Component Info: Evidence of Surcharge: Access Point Type: Location Code: Weather: Sound Solid Circular Cast Iron Good None None Cast Iron Sound None Sound Local Rural Streets - Light traffic, town and city back streets, estate streets and curbside parking areas Manhole Dry Weather/Wet Ground Surveyed By: No 10/1/2019 System Owner:Chanhassen None ZBorich, SEH Access Point Use:Sanitary AsphaltSurface Type: Adjustment Ring Rating: Street: City: U-116-07002549Surveyor Certificate No.: Inspection Status: 0.00 Reviewed By: Reviewer Certificate No.: Rim to Grade: Cover Rating: Frame Rating: 2 - minor defects - unlikely to fail for at least 20 years 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 9 of 36 18-083MH Chimney Material: 26.00 in.1.65 in.Chimney Depth: 6.03 in. Chimney | Cone 47.40 in. 11.47 in. Wall Material: 7 Wall | Bench | Channel Chimney Infiltration/Inflow: Chimney Clear Opening: Cone Type: Cone Material: Cone Depth: Wall Diameter/Lenght: Manhole Steps: Bench Material: Bench Coating/Liner: Channel Material: Channel Type: Wall Depth: Step Material: Bench Present: Channel Installed: Channel Exposure: Channel Condition: Bench Condition: Wall Condition: Wall by Size (width): Cone Condition: Chimney Condition: Chimney Present: Concrete (precast) Sound Concrete (cast in place) Sound Yes Fully OpenedConcrete (cast in place) Concrete (precast) Conical off centered None Yes Concrete (precast) Sound Sound Formed Sound Yes Plastic Chimney Coating/Liner: Cone Coating/Liner: Wall Rating: Wall Coating/Liner: Bench Rating: Channel Rating: None None None None Chimney Rating: Cone Rating:1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future 2 - minor defects - unlikely to fail for at least 20 years 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future Connections Pipe No. Clock Pos. Rim To Invert (Ft) Height (In) Width (In) Pipe Comments Direction Material Pipe Seal Cond. Shape Pipe TypePipe Cond. Bulk- head Bulk- head Cond. Cond. Rating 1 6 11.98 8.00OutPolyvinyl Chloride SoundCircular Gravity Connection Sound No 1 2 12 11.98 8.00InPolyvinyl Chloride SoundCircular Gravity Connection Sound No 1 3 3 11.75 10.00InPolyvinyl Chloride SoundCircular Gravity Connection Sound No 1 S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 10 of 36 18-083MH Chanhassen Manhole Inspection Report Cover | Adjustment Ring Cover Shape:26.00 in.Cover Size: Bearing Surface Diam: 0Pick Holes: 26.00 in. Cover Insert Type: Cover Insert Condition: 0.00 in.Adjustment Ring Height: Adjustment Ring Condition: Cover Material: Cover Condition: Cover Type: Hole Diameter: Cover/Frame Fit: Adjustment Ring Type: Adjustment Ring Material: Bearing Surface Width: Cover Size Width: Asset Information 18-103Structure Number: 11.67 ft.Rim to Invert: 11.67 ft.Grade to Invert: Frame Frame Material: 1.00 in. 24.00 in. 1.50 in. Frame Bearing Surface Width: Depth: 0.00 in.Frame Offset Distance: Frame Clear Opening Diam: Frame Condition: 7.00 in.Frame Depth: Frame Seal Condition: Frame Seal Inflow: Frame Clear Opening Width: Inspection Information 150965Project: Location Details: Additional Info: Inflow Potential from Runoff: Inspection Date: SEH Manhole Rating: Additional Component Info: Evidence of Surcharge: Access Point Type: Location Code: Weather: Sound Solid Circular Cast Iron Good None None Cast Iron Sound Stained Sound Local Rural Streets - Light traffic, town and city back streets, estate streets and curbside parking areas Manhole Dry Weather/Wet Ground Surveyed By: No 10/1/2019 System Owner:Chanhassen None ZBorich, SEH Access Point Use:Sanitary AsphaltSurface Type: Adjustment Ring Rating: Street: City: U-116-07002549Surveyor Certificate No.: Inspection Status: 0.00 Reviewed By: Reviewer Certificate No.: Rim to Grade: Cover Rating: Frame Rating: 2 - minor defects - unlikely to fail for at least 20 years 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 11 of 36 18-103MH Chimney Material: 26.50 in.1.98 in.Chimney Depth: 6.43 in. Chimney | Cone 47.00 in. 11.02 in. Wall Material: 6 Wall | Bench | Channel Chimney Infiltration/Inflow: Chimney Clear Opening: Cone Type: Cone Material: Cone Depth: Wall Diameter/Lenght: Manhole Steps: Bench Material: Bench Coating/Liner: Channel Material: Channel Type: Wall Depth: Step Material: Bench Present: Channel Installed: Channel Exposure: Channel Condition: Bench Condition: Wall Condition: Wall by Size (width): Cone Condition: Chimney Condition: Chimney Present: Concrete (precast) Sound Concrete (cast in place) Sound Yes Fully OpenedConcrete (cast in place) Concrete (precast) Conical off centered None Yes Concrete (precast) Sound Sound Formed Sound Yes Plastic Chimney Coating/Liner: Cone Coating/Liner: Wall Rating: Wall Coating/Liner: Bench Rating: Channel Rating: None None None None Chimney Rating: Cone Rating:1 - minor defects - failure unlikely in foreseeable future 2 - minor defects - unlikely to fail for at least 20 years 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future Connections Pipe No. Clock Pos. Rim To Invert (Ft) Height (In) Width (In) Pipe Comments Direction Material Pipe Seal Cond. Shape Pipe TypePipe Cond. Bulk- head Bulk- head Cond. Cond. Rating 1 6 11.67 8.00OutPolyvinyl Chloride SoundCircular Gravity Connection Sound No 1 2 12 11.43 8.00InPolyvinyl Chloride SoundCircular Gravity Connection Sound No 1 S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 12 of 36 18-103MH Chanhassen Manhole Inspection Report Cover | Adjustment Ring Cover Shape:26.00 in.Cover Size: Bearing Surface Diam: 0Pick Holes: 26.00 in. Cover Insert Type: Cover Insert Condition: 0.00 in.Adjustment Ring Height: Adjustment Ring Condition: Cover Material: Cover Condition: Cover Type: Hole Diameter: Cover/Frame Fit: Adjustment Ring Type: Adjustment Ring Material: Bearing Surface Width: Cover Size Width: Asset Information 18-111Structure Number: 18.00 ft.Rim to Invert: 18.00 ft.Grade to Invert: Frame Frame Material: 1.25 in. 24.00 in. 1.50 in. Frame Bearing Surface Width: Depth: 0.00 in.Frame Offset Distance: Frame Clear Opening Diam: Frame Condition: 7.00 in.Frame Depth: Frame Seal Condition: Frame Seal Inflow: Frame Clear Opening Width: Inspection Information 150965Project: Location Details: Additional Info: Inflow Potential from Runoff: Inspection Date: SEH Manhole Rating: Additional Component Info: Evidence of Surcharge: Access Point Type: Location Code: Weather: Sound Solid Circular Cast Iron Good None None Cast Iron Sound None Sound Local Rural Streets - Light traffic, town and city back streets, estate streets and curbside parking areas Manhole Dry Weather/Wet Ground Surveyed By: No 10/1/2019 System Owner:Chanhassen None ZBorich, SEH Access Point Use:Sanitary AsphaltSurface Type: Adjustment Ring Rating: Street: City: U-116-07002549Surveyor Certificate No.: Inspection Status: 0.00 Reviewed By: Reviewer Certificate No.: Rim to Grade: Cover Rating: Frame Rating: 2 - minor defects - unlikely to fail for at least 20 years 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 13 of 36 18-111MH Chimney Material: 26.30 in.2.08 in.Chimney Depth: 6.38 in. Chimney | Cone 47.00 in. 17.48 in. Wall Material: 11 Wall | Bench | Channel Chimney Infiltration/Inflow: Chimney Clear Opening: Cone Type: Cone Material: Cone Depth: Wall Diameter/Lenght: Manhole Steps: Bench Material: Bench Coating/Liner: Channel Material: Channel Type: Wall Depth: Step Material: Bench Present: Channel Installed: Channel Exposure: Channel Condition: Bench Condition: Wall Condition: Wall by Size (width): Cone Condition: Chimney Condition: Chimney Present: Concrete (precast) Sound Concrete (cast in place) Sound Yes Fully OpenedConcrete (cast in place) Concrete (precast) Conical off centered None Yes Concrete (precast) Sound Sound Formed Sound Yes Plastic Chimney Coating/Liner: Cone Coating/Liner: Wall Rating: Wall Coating/Liner: Bench Rating: Channel Rating: None None None None Chimney Rating: Cone Rating:1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future 2 - minor defects - unlikely to fail for at least 20 years 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future Connections Pipe No. Clock Pos. Rim To Invert (Ft) Height (In) Width (In) Pipe Comments Direction Material Pipe Seal Cond. Shape Pipe TypePipe Cond. Bulk- head Bulk- head Cond. Cond. Rating 1 6 18.00 8.00OutPolyvinyl Chloride SoundCircular Gravity Connection Sound No 1 2 12 17.92 8.00InPolyvinyl Chloride SoundCircular Gravity Connection Sound No 1 S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 14 of 36 18-111MH Chanhassen Manhole Inspection Report Cover | Adjustment Ring Cover Shape:26.00 in.Cover Size: Bearing Surface Diam: 0Pick Holes: 26.00 in. Cover Insert Type: Cover Insert Condition: 0.00 in.Adjustment Ring Height: Adjustment Ring Condition: Cover Material: Cover Condition: Cover Type: Hole Diameter: Cover/Frame Fit: Adjustment Ring Type: Adjustment Ring Material: Bearing Surface Width: Cover Size Width: Asset Information 18-113Structure Number: 15.71 ft.Rim to Invert: 15.71 ft.Grade to Invert: Frame Frame Material: 1.00 in. 24.00 in. 1.50 in. Frame Bearing Surface Width: Depth: 0.00 in.Frame Offset Distance: Frame Clear Opening Diam: Frame Condition: 7.00 in.Frame Depth: Frame Seal Condition: Frame Seal Inflow: Frame Clear Opening Width: Inspection Information 150965Project: Location Details: Additional Info: Inflow Potential from Runoff: Inspection Date: SEH Manhole Rating: Additional Component Info: Evidence of Surcharge: Access Point Type: Location Code: Weather: Sound Solid Circular Cast Iron Good None None Cast Iron Sound Stained Cracked Local Rural Streets - Light traffic, town and city back streets, estate streets and curbside parking areas Manhole Dry Weather/Wet Ground Surveyed By: No 10/1/2019 System Owner:Chanhassen None ZBorich, SEH Access Point Use:Sanitary AsphaltSurface Type: Adjustment Ring Rating: Street: City: U-116-07002549Surveyor Certificate No.: Inspection Status: 0.00 Reviewed By: Reviewer Certificate No.: Rim to Grade: Cover Rating: Frame Rating: 2 - minor defects - unlikely to fail for at least 20 years 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 15 of 36 18-113MH Chimney Material: 26.20 in.1.04 in.Chimney Depth: 5.45 in. Chimney | Cone 47.00 in. 15.17 in. Wall Material: 10 Wall | Bench | Channel Chimney Infiltration/Inflow: Chimney Clear Opening: Cone Type: Cone Material: Cone Depth: Wall Diameter/Lenght: Manhole Steps: Bench Material: Bench Coating/Liner: Channel Material: Channel Type: Wall Depth: Step Material: Bench Present: Channel Installed: Channel Exposure: Channel Condition: Bench Condition: Wall Condition: Wall by Size (width): Cone Condition: Chimney Condition: Chimney Present: Concrete (precast) Sound Concrete (cast in place) Sound Yes Fully OpenedConcrete (cast in place) Concrete (precast) Conical off centered None Yes Concrete (precast) Sound Sound Formed Sound Yes Plastic Chimney Coating/Liner: Cone Coating/Liner: Wall Rating: Wall Coating/Liner: Bench Rating: Channel Rating: None None None None Chimney Rating: Cone Rating:1 - minor defects - failure unlikely in foreseeable future 2 - minor defects - unlikely to fail for at least 20 years 2 - minor defects - unlikely to fail for at least 20 years 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future Connections Pipe No. Clock Pos. Rim To Invert (Ft) Height (In) Width (In) Pipe Comments Direction Material Pipe Seal Cond. Shape Pipe TypePipe Cond. Bulk- head Bulk- head Cond. Cond. Rating 1 6 15.71 8.00OutPolyvinyl Chloride SoundCircular Gravity Connection Sound No 1 2 12 15.69 8.00InPolyvinyl Chloride SoundCircular Gravity Connection Sound No 1 S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 16 of 36 18-113MH Chanhassen Manhole Inspection Report Cover | Adjustment Ring Cover Shape:26.00 in.Cover Size: Bearing Surface Diam: 0Pick Holes: 26.00 in. Cover Insert Type: Cover Insert Condition: 0.00 in.Adjustment Ring Height: Adjustment Ring Condition: Cover Material: Cover Condition: Cover Type: Hole Diameter: Cover/Frame Fit: Adjustment Ring Type: Adjustment Ring Material: Bearing Surface Width: Cover Size Width: Asset Information 18-114Structure Number: 14.48 ft.Rim to Invert: 14.48 ft.Grade to Invert: Frame Frame Material: 1.00 in. 24.00 in. 1.50 in. Frame Bearing Surface Width: Depth: 0.00 in.Frame Offset Distance: Frame Clear Opening Diam: Frame Condition: 7.00 in.Frame Depth: Frame Seal Condition: Frame Seal Inflow: Frame Clear Opening Width: Inspection Information 150965Project: Location Details: Additional Info: Inflow Potential from Runoff: Inspection Date: SEH Manhole Rating: Additional Component Info: Evidence of Surcharge: Access Point Type: Location Code: Weather: Sound Solid Circular Cast Iron Good None None Cast Iron Sound None Sound Local Rural Streets - Light traffic, town and city back streets, estate streets and curbside parking areas Manhole Light Rain Surveyed By: No 10/1/2019 System Owner:Chanhassen None ZBorich, SEH Access Point Use:Sanitary AsphaltSurface Type: Adjustment Ring Rating: Street: City: U-116-07002549Surveyor Certificate No.: Inspection Status: 0.00 Reviewed By: Reviewer Certificate No.: Rim to Grade: Cover Rating: Frame Rating: 2 - minor defects - unlikely to fail for at least 20 years 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 17 of 36 18-114MH Chimney Material: 26.40 in.1.11 in.Chimney Depth: 5.42 in. Chimney | Cone 46.50 in. 13.92 in. Wall Material: 9 Wall | Bench | Channel Chimney Infiltration/Inflow: Chimney Clear Opening: Cone Type: Cone Material: Cone Depth: Wall Diameter/Lenght: Manhole Steps: Bench Material: Bench Coating/Liner: Channel Material: Channel Type: Wall Depth: Step Material: Bench Present: Channel Installed: Channel Exposure: Channel Condition: Bench Condition: Wall Condition: Wall by Size (width): Cone Condition: Chimney Condition: Chimney Present: Concrete (precast) Sound Concrete (cast in place) Sound Yes Fully OpenedConcrete (cast in place) Concrete (precast) Conical off centered None Yes Concrete (precast) Sound Sound Formed Sound Yes Plastic Chimney Coating/Liner: Cone Coating/Liner: Wall Rating: Wall Coating/Liner: Bench Rating: Channel Rating: None None None None Chimney Rating: Cone Rating:1 - minor defects - failure unlikely in foreseeable future 2 - minor defects - unlikely to fail for at least 20 years 2 - minor defects - unlikely to fail for at least 20 years 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future Connections Pipe No. Clock Pos. Rim To Invert (Ft) Height (In) Width (In) Pipe Comments Direction Material Pipe Seal Cond. Shape Pipe TypePipe Cond. Bulk- head Bulk- head Cond. Cond. Rating 1 6 14.48 8.00OutPolyvinyl Chloride SoundCircular Gravity Connection Sound No 1 2 11 14.23 8.00InPolyvinyl Chloride SoundCircular Gravity Connection Sound No 1 S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 18 of 36 18-114MH Chanhassen Manhole Inspection Report Cover | Adjustment Ring Cover Shape:26.00 in.Cover Size: Bearing Surface Diam: 0Pick Holes: 26.00 in. Cover Insert Type: Cover Insert Condition: 0.00 in.Adjustment Ring Height: Adjustment Ring Condition: Cover Material: Cover Condition: Cover Type: Hole Diameter: Cover/Frame Fit: Adjustment Ring Type: Adjustment Ring Material: Bearing Surface Width: Cover Size Width: Asset Information 18-115Structure Number: 14.38 ft.Rim to Invert: 14.38 ft.Grade to Invert: Frame Frame Material: 1.00 in. 24.00 in. 1.50 in. Frame Bearing Surface Width: Depth: 0.00 in.Frame Offset Distance: Frame Clear Opening Diam: Frame Condition: 7.00 in.Frame Depth: Frame Seal Condition: Frame Seal Inflow: Frame Clear Opening Width: Inspection Information 150965Project: Location Details: Additional Info: Inflow Potential from Runoff: Inspection Date: SEH Manhole Rating: Additional Component Info: Evidence of Surcharge: Access Point Type: Location Code: Weather: Sound Solid Circular Cast Iron Good None None Cast Iron Sound None Sound Local Rural Streets - Light traffic, town and city back streets, estate streets and curbside parking areas Manhole Dry Weather/Wet Ground Surveyed By: No 10/1/2019 System Owner:Chanhassen None ZBorich, SEH Access Point Use:Sanitary AsphaltSurface Type: Adjustment Ring Rating: Street: City: U-116-07002549Surveyor Certificate No.: Inspection Status: 0.00 Reviewed By: Reviewer Certificate No.: Rim to Grade: Cover Rating: Frame Rating: 2 - minor defects - unlikely to fail for at least 20 years 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 19 of 36 18-115MH Chimney Material: 26.60 in.1.08 in.Chimney Depth: 5.38 in. Chimney | Cone 47.00 in. 13.73 in. Wall Material: 9 Wall | Bench | Channel Chimney Infiltration/Inflow: Chimney Clear Opening: Cone Type: Cone Material: Cone Depth: Wall Diameter/Lenght: Manhole Steps: Bench Material: Bench Coating/Liner: Channel Material: Channel Type: Wall Depth: Step Material: Bench Present: Channel Installed: Channel Exposure: Channel Condition: Bench Condition: Wall Condition: Wall by Size (width): Cone Condition: Chimney Condition: Chimney Present: Concrete (precast) Sound Concrete (cast in place) Sound Yes Fully OpenedConcrete (cast in place) Concrete (precast) Conical off centered None Yes Concrete (precast) Sound Sound Formed Sound Yes Plastic Chimney Coating/Liner: Cone Coating/Liner: Wall Rating: Wall Coating/Liner: Bench Rating: Channel Rating: None None None None Chimney Rating: Cone Rating:1 - minor defects - failure unlikely in foreseeable future 2 - minor defects - unlikely to fail for at least 20 years 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future Connections Pipe No. Clock Pos. Rim To Invert (Ft) Height (In) Width (In) Pipe Comments Direction Material Pipe Seal Cond. Shape Pipe TypePipe Cond. Bulk- head Bulk- head Cond. Cond. Rating 1 6 14.38 8.00OutPolyvinyl Chloride SoundCircular Gravity Connection Sound No 1 2 12 14.23 8.00InPolyvinyl Chloride SoundCircular Gravity Connection Sound No 1 S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 20 of 36 18-115MH Chanhassen Manhole Inspection Report Cover | Adjustment Ring Cover Shape:25.75 in.Cover Size: Bearing Surface Diam: 0Pick Holes: 25.75 in. Cover Insert Type: Cover Insert Condition: 0.00 in.Adjustment Ring Height: Adjustment Ring Condition: Cover Material: Cover Condition: Cover Type: Hole Diameter: Cover/Frame Fit: Adjustment Ring Type: Adjustment Ring Material: Bearing Surface Width: Cover Size Width: Asset Information 18-116Structure Number: 18.30 ft.Rim to Invert: 18.30 ft.Grade to Invert: Frame Frame Material: 1.00 in. 24.00 in. 1.00 in. Frame Bearing Surface Width: Depth: 0.00 in.Frame Offset Distance: Frame Clear Opening Diam: Frame Condition: 7.50 in.Frame Depth: Frame Seal Condition: Frame Seal Inflow: Frame Clear Opening Width: Inspection Information 150965Project: Location Details: Additional Info: Inflow Potential from Runoff: Inspection Date: SEH Manhole Rating: Additional Component Info: Evidence of Surcharge: Access Point Type: Location Code: Weather: Sound Solid Circular Cast Iron Good None None Cast Iron Sound None Sound Local Rural Streets - Light traffic, town and city back streets, estate streets and curbside parking areas Manhole Light Rain Surveyed By: No 10/1/2019 System Owner:Chanhassen None ZBorich, SEH Access Point Use:Sanitary AsphaltSurface Type: Adjustment Ring Rating: Street: City: U-116-07002549Surveyor Certificate No.: Inspection Status: 0.00 Reviewed By: Reviewer Certificate No.: Rim to Grade: Cover Rating: Frame Rating: 2 - minor defects - unlikely to fail for at least 20 years 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 21 of 36 18-116MH Chimney Material: 23.70 in.1.33 in.Chimney Depth: 5.77 in. Chimney | Cone 47.20 in. 17.80 in. Wall Material: 12 Wall | Bench | Channel Chimney Infiltration/Inflow: Chimney Clear Opening: Cone Type: Cone Material: Cone Depth: Wall Diameter/Lenght: Manhole Steps: Bench Material: Bench Coating/Liner: Channel Material: Channel Type: Wall Depth: Step Material: Bench Present: Channel Installed: Channel Exposure: Channel Condition: Bench Condition: Wall Condition: Wall by Size (width): Cone Condition: Chimney Condition: Chimney Present: Concrete (precast) Defective Concrete (cast in place) Sound Yes Fully OpenedConcrete (cast in place) Concrete (precast) Conical off centered None Yes Concrete (precast) Sound Sound Formed Sound Yes Metal Chimney Coating/Liner: Cone Coating/Liner: Wall Rating: Wall Coating/Liner: Bench Rating: Channel Rating: None None None None Chimney Rating: Cone Rating:1 - minor defects - failure unlikely in foreseeable future 2 - minor defects - unlikely to fail for at least 20 years 2 - minor defects - unlikely to fail for at least 20 years 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future Connections Pipe No. Clock Pos. Rim To Invert (Ft) Height (In) Width (In) Pipe Comments Direction Material Pipe Seal Cond. Shape Pipe TypePipe Cond. Bulk- head Bulk- head Cond. Cond. Rating 1 6 18.30 10.00 Lined VCP. Minor infiltration near pipe seal. Out Vitrified Clay Pipe DefectiveCircular Gravity Connection Sound No 2 2 9 9.83 8.00 Lined VCP.In Vitrified Clay Pipe SoundCircular Outside Drop Upper Sound No 1 3 9 18.06 8.00InVitrified Clay Pipe SoundCircular Outside Drop Lower Sound No 1 4 12 18.33 8.00 Infiltration near pipe seal. In Polyvinyl Chloride DefectiveCircular Gravity Connection Sound No 2 S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 22 of 36 18-116MH Chanhassen Manhole Inspection Report Cover | Adjustment Ring Cover Shape:25.75 in.Cover Size: Bearing Surface Diam: 2Pick Holes: 25.75 in. Cover Insert Type: Cover Insert Condition: 0.00 in.Adjustment Ring Height: Adjustment Ring Condition: Cover Material: Cover Condition: Cover Type: Hole Diameter: Cover/Frame Fit: Adjustment Ring Type: Adjustment Ring Material: Bearing Surface Width: Cover Size Width: Asset Information 23-100Structure Number: 16.33 ft.Rim to Invert: 16.33 ft.Grade to Invert: Frame Frame Material: 1.00 in. 24.00 in. 1.00 in. Frame Bearing Surface Width: Depth: 0.00 in.Frame Offset Distance: Frame Clear Opening Diam: Frame Condition: 7.50 in.Frame Depth: Frame Seal Condition: Frame Seal Inflow: Frame Clear Opening Width: Inspection Information 150965Project: Location Details: Additional Info: Inflow Potential from Runoff: Channel is both VCP and formed (cast in place) concrete. Inspection Date: SEH Manhole Rating: Additional Component Info: Evidence of Surcharge: Access Point Type: Location Code: Weather: Sound Vented Circular Cast Iron > 1 1/2 inch (38mm) <= 2 inch(50mm) Good None None Cast Iron Sound None Sound Local Rural Streets - Light traffic, town and city back streets, estate streets and curbside parking areas Manhole Light Rain Surveyed By: No 10/1/2019 System Owner:Chanhassen Sheeting ZBorich, SEH Access Point Use:Sanitary AsphaltSurface Type: Adjustment Ring Rating: Street: City: U-116-07002549Surveyor Certificate No.: Inspection Status: 0.00 Reviewed By: Reviewer Certificate No.: Rim to Grade: Cover Rating: Frame Rating: 2 - minor defects - unlikely to fail for at least 20 years 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 23 of 36 23-100MH Chimney Material: 23.60 in.1.69 in.Chimney Depth: 6.07 in. Chimney | Cone 47.30 in. 15.73 in. Wall Material: 10 Wall | Bench | Channel Chimney Infiltration/Inflow: Chimney Clear Opening: Cone Type: Cone Material: Cone Depth: Wall Diameter/Lenght: Manhole Steps: Bench Material: Bench Coating/Liner: Channel Material: Channel Type: Wall Depth: Step Material: Bench Present: Channel Installed: Channel Exposure: Channel Condition: Bench Condition: Wall Condition: Wall by Size (width): Cone Condition: Chimney Condition: Chimney Present: Concrete (precast) Sound Concrete (cast in place) Sound Yes Fully OpenedConcrete (cast in place) Concrete (precast) Conical off centered None Yes Concrete (precast) Sound Sound Formed Sound Yes Metal Chimney Coating/Liner: Cone Coating/Liner: Wall Rating: Wall Coating/Liner: Bench Rating: Channel Rating: None None None None Chimney Rating: Cone Rating:1 - minor defects - failure unlikely in foreseeable future 2 - minor defects - unlikely to fail for at least 20 years 2 - minor defects - unlikely to fail for at least 20 years 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future Connections Pipe No. Clock Pos. Rim To Invert (Ft) Height (In) Width (In) Pipe Comments Direction Material Pipe Seal Cond. Shape Pipe TypePipe Cond. Bulk- head Bulk- head Cond. Cond. Rating 1 6 16.33 10.00 Lined VCP.Out Vitrified Clay Pipe SoundCircular Gravity Connection Sound No 1 2 10 5.00 4.00InNot Known SoundCircular Gravity Connection Sound No 1 3 1 16.15 10.00 Lined VCP. Infiltration near pipe seal. In Vitrified Clay Pipe DefectiveCircular Gravity Connection Sound No 2 S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 24 of 36 23-100MH Chanhassen Manhole Inspection Report Cover | Adjustment Ring Cover Shape:26.00 in.Cover Size: Bearing Surface Diam: 0Pick Holes: 26.00 in. Cover Insert Type: Cover Insert Condition: 0.00 in.Adjustment Ring Height: Adjustment Ring Condition: Cover Material: Cover Condition: Cover Type: Hole Diameter: Cover/Frame Fit: Adjustment Ring Type: Adjustment Ring Material: Bearing Surface Width: Cover Size Width: Asset Information 23-106Structure Number: 8.64 ft.Rim to Invert: 8.64 ft.Grade to Invert: Frame Frame Material: 0.75 in. 24.00 in. 1.50 in. Frame Bearing Surface Width: Depth: 0.00 in.Frame Offset Distance: Frame Clear Opening Diam: Frame Condition: 7.00 in.Frame Depth: Frame Seal Condition: Frame Seal Inflow: Frame Clear Opening Width: Inspection Information 150965Project: Location Details: Additional Info: Inflow Potential from Runoff: Inspection Date: SEH Manhole Rating: Additional Component Info: Evidence of Surcharge: Access Point Type: Location Code: Weather: Sound Solid Circular Cast Iron Good None None Cast Iron Sound None Sound Local Rural Streets - Light traffic, town and city back streets, estate streets and curbside parking areas Manhole Dry Weather/Wet Ground Surveyed By: No 10/1/2019 System Owner:Chanhassen Sheeting ZBorich, SEH Access Point Use:Sanitary AsphaltSurface Type: Adjustment Ring Rating: Street: City: U-116-07002549Surveyor Certificate No.: Inspection Status: 0.00 Reviewed By: Reviewer Certificate No.: Rim to Grade: Cover Rating: Frame Rating: 2 - minor defects - unlikely to fail for at least 20 years 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 25 of 36 23-106MH Chimney Material: 26.70 in.1.92 in.Chimney Depth: 6.33 in. Chimney | Cone 47.00 in. 8.08 in. Wall Material: 4 Wall | Bench | Channel Chimney Infiltration/Inflow: Chimney Clear Opening: Cone Type: Cone Material: Cone Depth: Wall Diameter/Lenght: Manhole Steps: Bench Material: Bench Coating/Liner: Channel Material: Channel Type: Wall Depth: Step Material: Bench Present: Channel Installed: Channel Exposure: Channel Condition: Bench Condition: Wall Condition: Wall by Size (width): Cone Condition: Chimney Condition: Chimney Present: Concrete (precast) Sound Concrete (cast in place) Sound Yes Fully OpenedConcrete (cast in place) Concrete (precast) Conical centered None Yes Not Known Sound Sound Formed Sound Yes Metal Chimney Coating/Liner: Cone Coating/Liner: Wall Rating: Wall Coating/Liner: Bench Rating: Channel Rating: Plastic None None None Chimney Rating: Cone Rating:1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future 2 - minor defects - unlikely to fail for at least 20 years 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future Connections Pipe No. Clock Pos. Rim To Invert (Ft) Height (In) Width (In) Pipe Comments Direction Material Pipe Seal Cond. Shape Pipe TypePipe Cond. Bulk- head Bulk- head Cond. Cond. Rating 1 6 8.64 8.00 Lined VCP.Out Vitrified Clay Pipe SoundCircular Gravity Connection Sound No 1 2 12 8.50 8.00 Lined VCP.In Vitrified Clay Pipe SoundCircular Gravity Connection Sound No 1 3 3 8.51 8.00 Lined VCP.In Vitrified Clay Pipe SoundCircular Gravity Connection Sound No 1 S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 26 of 36 23-106MH Chanhassen Manhole Inspection Report Cover | Adjustment Ring Cover Shape:25.75 in.Cover Size: Bearing Surface Diam: 0Pick Holes: 25.75 in. Cover Insert Type: Cover Insert Condition: 0.00 in.Adjustment Ring Height: Adjustment Ring Condition: Cover Material: Cover Condition: Cover Type: Hole Diameter: Cover/Frame Fit: Adjustment Ring Type: Adjustment Ring Material: Bearing Surface Width: Cover Size Width: Asset Information 23-107Structure Number: 13.98 ft.Rim to Invert: 13.98 ft.Grade to Invert: Frame Frame Material: 1.00 in. 24.00 in. 1.00 in. Frame Bearing Surface Width: Depth: 0.00 in.Frame Offset Distance: Frame Clear Opening Diam: Frame Condition: 7.50 in.Frame Depth: Frame Seal Condition: Frame Seal Inflow: Frame Clear Opening Width: Inspection Information 150965Project: Location Details: Additional Info: Inflow Potential from Runoff: 6 metal steps and 3 plastic steps. Inspection Date: SEH Manhole Rating: Additional Component Info: Evidence of Surcharge: Access Point Type: Location Code: Weather: Sound Solid Circular Cast Iron Good None None Cast Iron Sound None Sound Easement/Right of Way Manhole Dry Weather/Wet Ground Surveyed By: No 10/1/2019 System Owner:Chanhassen None ZBorich, SEH Access Point Use:Sanitary Grass DirtSurface Type: Adjustment Ring Rating: Street: City: U-116-07002549Surveyor Certificate No.: Inspection Status: 0.00 Reviewed By: Reviewer Certificate No.: Rim to Grade: Cover Rating: Frame Rating: 2 - minor defects - unlikely to fail for at least 20 years 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 27 of 36 23-107MH Chimney Material: 25.30 in.0.96 in.Chimney Depth: 5.37 in. Chimney | Cone 47.00 in. 13.20 in. Wall Material: 9 Wall | Bench | Channel Chimney Infiltration/Inflow: Chimney Clear Opening: Cone Type: Cone Material: Cone Depth: Wall Diameter/Lenght: Manhole Steps: Bench Material: Bench Coating/Liner: Channel Material: Channel Type: Wall Depth: Step Material: Bench Present: Channel Installed: Channel Exposure: Channel Condition: Bench Condition: Wall Condition: Wall by Size (width): Cone Condition: Chimney Condition: Chimney Present: Concrete (precast) Sound Concrete (cast in place) Sound Yes Fully OpenedConcrete (cast in place) Concrete (precast) Conical off centered None Yes Not Known Sound Sound Formed Sound Yes Metal Chimney Coating/Liner: Cone Coating/Liner: Wall Rating: Wall Coating/Liner: Bench Rating: Channel Rating: Plastic None None None Chimney Rating: Cone Rating:1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future 2 - minor defects - unlikely to fail for at least 20 years 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future Connections Pipe No. Clock Pos. Rim To Invert (Ft) Height (In) Width (In) Pipe Comments Direction Material Pipe Seal Cond. Shape Pipe TypePipe Cond. Bulk- head Bulk- head Cond. Cond. Rating 1 6 13.98 10.00OutVitrified Clay Pipe SoundCircular Gravity Connection Sound No 1 2 11 12.07 10.00 Lined VCP. Original VCP is fractured. Infiltration and deposits present around pipe seal. In Vitrified Clay Pipe DefectiveCircular Gravity Connection Sound No 2 3 5 12.30 4.00InNot Known SoundCircular Gravity Connection Sound No 1 S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 28 of 36 23-107MH Chanhassen Manhole Inspection Report Cover | Adjustment Ring Cover Shape:26.00 in.Cover Size: Bearing Surface Diam: 0Pick Holes: 26.00 in. Cover Insert Type: Cover Insert Condition: 0.00 in.Adjustment Ring Height: Adjustment Ring Condition: Cover Material: Cover Condition: Cover Type: Hole Diameter: Cover/Frame Fit: Adjustment Ring Type: Adjustment Ring Material: Bearing Surface Width: Cover Size Width: Asset Information 23-117Structure Number: 8.75 ft.Rim to Invert: 8.75 ft.Grade to Invert: Frame Frame Material: 1.00 in. 24.00 in. 1.50 in. Frame Bearing Surface Width: Depth: 0.00 in.Frame Offset Distance: Frame Clear Opening Diam: Frame Condition: 7.00 in.Frame Depth: Frame Seal Condition: Frame Seal Inflow: Frame Clear Opening Width: Inspection Information 150965Project: Location Details: Additional Info: Inflow Potential from Runoff: Moisture in manhole looks to be coming in from above frame. No infiltration codes used. Inspection Date: SEH Manhole Rating: Additional Component Info: Evidence of Surcharge: Access Point Type: Location Code: Weather: Sound Solid Circular Cast Iron Good None None Cast Iron Sound None Sound Local Rural Streets - Light traffic, town and city back streets, estate streets and curbside parking areas Manhole Dry Weather/Wet Ground Surveyed By: No 10/1/2019 System Owner:Chanhassen None ZBorich, SEH Access Point Use:Sanitary AsphaltSurface Type: Adjustment Ring Rating: Street: City: U-116-07002549Surveyor Certificate No.: Inspection Status: 0.00 Reviewed By: Reviewer Certificate No.: Rim to Grade: Cover Rating: Frame Rating: 2 - minor defects - unlikely to fail for at least 20 years 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 29 of 36 23-117MH Chimney Material: 26.40 in.0.87 in.Chimney Depth: 5.18 in. Chimney | Cone 47.00 in. 7.63 in. Wall Material: 5 Wall | Bench | Channel Chimney Infiltration/Inflow: Chimney Clear Opening: Cone Type: Cone Material: Cone Depth: Wall Diameter/Lenght: Manhole Steps: Bench Material: Bench Coating/Liner: Channel Material: Channel Type: Wall Depth: Step Material: Bench Present: Channel Installed: Channel Exposure: Channel Condition: Bench Condition: Wall Condition: Wall by Size (width): Cone Condition: Chimney Condition: Chimney Present: Concrete (precast) Sound Concrete (cast in place) Sound Yes Fully OpenedVitrified Clay Concrete (precast) Conical off centered None Yes Not Known Sound Sound Pipe Sound Yes Plastic Chimney Coating/Liner: Cone Coating/Liner: Wall Rating: Wall Coating/Liner: Bench Rating: Channel Rating: Plastic None None None Chimney Rating: Cone Rating:1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future 2 - minor defects - unlikely to fail for at least 20 years Connections Pipe No. Clock Pos. Rim To Invert (Ft) Height (In) Width (In) Pipe Comments Direction Material Pipe Seal Cond. Shape Pipe TypePipe Cond. Bulk- head Bulk- head Cond. Cond. Rating 1 6 8.75 10.00 Lined VCP.Out Vitrified Clay Pipe SoundCircular Gravity Connection Sound No 1 2 12 8.65 10.00 Lined VCP.In Vitrified Clay Pipe SoundCircular Gravity Connection Sound No 1 3 2 8.35 8.00InPolyvinyl Chloride SoundCircular Gravity Connection Sound No 1 S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 30 of 36 23-117MH Chanhassen Manhole Inspection Report Cover | Adjustment Ring Cover Shape:26.00 in.Cover Size: Bearing Surface Diam: 0Pick Holes: 26.00 in. Cover Insert Type: Cover Insert Condition: 0.00 in.Adjustment Ring Height: Adjustment Ring Condition: Cover Material: Cover Condition: Cover Type: Hole Diameter: Cover/Frame Fit: Adjustment Ring Type: Adjustment Ring Material: Bearing Surface Width: Cover Size Width: Asset Information 18-169ARStructure Number: 11.46 ft.Rim to Invert: 11.46 ft.Grade to Invert: Frame Frame Material: 1.00 in. 24.00 in. 1.50 in. Frame Bearing Surface Width: Depth: 0.00 in.Frame Offset Distance: Frame Clear Opening Diam: Frame Condition: 7.00 in.Frame Depth: Frame Seal Condition: Frame Seal Inflow: Frame Clear Opening Width: Inspection Information 150965Project: Location Details: Additional Info: Inflow Potential from Runoff: Inspection Date: SEH Manhole Rating: Additional Component Info: Evidence of Surcharge: Access Point Type: Location Code: Weather: Sound Solid Circular Cast Iron Good None None Cast Iron Sound None Sound Local Rural Streets - Light traffic, town and city back streets, estate streets and curbside parking areas Manhole Dry Weather/Wet Ground Surveyed By: No 10/1/2019 System Owner:Chanhassen None ZBorich, SEH Access Point Use:Sanitary AsphaltSurface Type: Adjustment Ring Rating: Street: City: U-116-07002549Surveyor Certificate No.: Inspection Status: 0.00 Reviewed By: Reviewer Certificate No.: Rim to Grade: Cover Rating: Frame Rating: 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 31 of 36 18-169ARMH Chimney Material: 25.60 in.1.38 in.Chimney Depth: 4.96 in. Chimney | Cone 47.30 in. 10.48 in. Wall Material: 7 Wall | Bench | Channel Chimney Infiltration/Inflow: Chimney Clear Opening: Cone Type: Cone Material: Cone Depth: Wall Diameter/Lenght: Manhole Steps: Bench Material: Bench Coating/Liner: Channel Material: Channel Type: Wall Depth: Step Material: Bench Present: Channel Installed: Channel Exposure: Channel Condition: Bench Condition: Wall Condition: Wall by Size (width): Cone Condition: Chimney Condition: Chimney Present: Concrete (precast) Sound Concrete (cast in place) Sound Yes Fully OpenedPolyvinyl Chloride Concrete (precast) Conical off centered None Yes Not Known Sound Sound Pipe Sound Yes Plastic Chimney Coating/Liner: Cone Coating/Liner: Wall Rating: Wall Coating/Liner: Bench Rating: Channel Rating: Plastic None None None Chimney Rating: Cone Rating:1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future Connections Pipe No. Clock Pos. Rim To Invert (Ft) Height (In) Width (In) Pipe Comments Direction Material Pipe Seal Cond. Shape Pipe TypePipe Cond. Bulk- head Bulk- head Cond. Cond. Rating 1 6 11.46 8.00OutPolyvinyl Chloride SoundCircular Gravity Connection Sound No 1 2 12 11.39 8.00InPolyvinyl Chloride SoundCircular Gravity Connection Sound No 1 3 2 10.88 8.00InNot Known SoundCircular Not KnownSound No 1 S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 32 of 36 18-169ARMH Chanhassen Manhole Inspection Report Cover | Adjustment Ring Cover Shape:26.00 in.Cover Size: Bearing Surface Diam: 0Pick Holes: 26.00 in. Cover Insert Type: Cover Insert Condition: 0.00 in.Adjustment Ring Height: Adjustment Ring Condition: Cover Material: Cover Condition: Cover Type: Hole Diameter: Cover/Frame Fit: Adjustment Ring Type: Adjustment Ring Material: Bearing Surface Width: Cover Size Width: Asset Information 23-111Structure Number: 6.80 ft.Rim to Invert: 6.80 ft.Grade to Invert: Frame Frame Material: 1.00 in. 24.00 in. 1.50 in. Frame Bearing Surface Width: Depth: 0.00 in.Frame Offset Distance: Frame Clear Opening Diam: Frame Condition: 7.00 in.Frame Depth: Frame Seal Condition: Frame Seal Inflow: Frame Clear Opening Width: Inspection Information 150965Project: Location Details: Additional Info: Inflow Potential from Runoff: Inspection Date: SEH Manhole Rating: Additional Component Info: Evidence of Surcharge: Access Point Type: Location Code: Weather: Sound Solid Circular Cast Iron Good None None Cast Iron Sound None Sound Local Rural Streets - Light traffic, town and city back streets, estate streets and curbside parking areas Manhole Dry Weather/Wet Ground Surveyed By: No 10/1/2019 System Owner:Chanhassen None ZBorich, SEH Access Point Use:Sanitary AsphaltSurface Type: Adjustment Ring Rating: Street: City: U-116-07002549Surveyor Certificate No.: Inspection Status: 0.00 Reviewed By: Reviewer Certificate No.: Rim to Grade: Cover Rating: Frame Rating: 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 33 of 36 23-111MH Chimney Material: 26.60 in.0.96 in.Chimney Depth: 5.29 in. Chimney | Cone 47.50 in. 6.12 in. Wall Material: 2 Wall | Bench | Channel Chimney Infiltration/Inflow: Chimney Clear Opening: Cone Type: Cone Material: Cone Depth: Wall Diameter/Lenght: Manhole Steps: Bench Material: Bench Coating/Liner: Channel Material: Channel Type: Wall Depth: Step Material: Bench Present: Channel Installed: Channel Exposure: Channel Condition: Bench Condition: Wall Condition: Wall by Size (width): Cone Condition: Chimney Condition: Chimney Present: Concrete (precast) Sound Concrete (cast in place) Sound Yes Fully OpenedConcrete (cast in place) Concrete (precast) Conical centered None Yes Not Known Sound Sound Formed Sound Yes Plastic Chimney Coating/Liner: Cone Coating/Liner: Wall Rating: Wall Coating/Liner: Bench Rating: Channel Rating: Plastic None None None Chimney Rating: Cone Rating:1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future Connections Pipe No. Clock Pos. Rim To Invert (Ft) Height (In) Width (In) Pipe Comments Direction Material Pipe Seal Cond. Shape Pipe TypePipe Cond. Bulk- head Bulk- head Cond. Cond. Rating 1 6 6.80 8.00 Lined VCP.Out Vitrified Clay Pipe SoundCircular Gravity Connection Sound No 1 2 12 6.52 8.00 Lined pipe.In Not Known SoundCircular Gravity Connection Sound No 1 3 3 5.85 6.00InVitrified Clay Pipe SoundCircular Gravity Connection Sound No 1 S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 34 of 36 23-111MH Chanhassen Manhole Inspection Report Cover | Adjustment Ring Cover Shape:25.75 in.Cover Size: Bearing Surface Diam: 2Pick Holes: 25.75 in. Cover Insert Type: Cover Insert Condition: 0.00 in.Adjustment Ring Height: Adjustment Ring Condition: Cover Material: Cover Condition: Cover Type: Hole Diameter: Cover/Frame Fit: Adjustment Ring Type: Adjustment Ring Material: Bearing Surface Width: Cover Size Width: Asset Information 23-195Structure Number: 10.17 ft.Rim to Invert: 10.17 ft.Grade to Invert: Frame Frame Material: 1.00 in. 24.00 in. 1.00 in. Frame Bearing Surface Width: Depth: 0.00 in.Frame Offset Distance: Frame Clear Opening Diam: Frame Condition: 7.50 in.Frame Depth: Frame Seal Condition: Frame Seal Inflow: Frame Clear Opening Width: Inspection Information 150965Project: Location Details: Additional Info: Inflow Potential from Runoff: Channel looks to be liner on top of formed (cast in place) concrete. Inspection Date: SEH Manhole Rating: Additional Component Info: Evidence of Surcharge: Access Point Type: Location Code: Weather: Sound Vented Circular Cast Iron > 1 1/2 inch (38mm) <= 2 inch(50mm) Good None None Cast Iron Sound Stained Sound Local Rural Streets - Light traffic, town and city back streets, estate streets and curbside parking areas Manhole Dry Weather/Wet Ground Surveyed By: No 10/1/2019 System Owner:Chanhassen Sheeting ZBorich, SEH Access Point Use:Sanitary AsphaltSurface Type: Adjustment Ring Rating: Street: City: U-116-07002549Surveyor Certificate No.: Inspection Status: 0.00 Reviewed By: Reviewer Certificate No.: Rim to Grade: Cover Rating: Frame Rating: 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 35 of 36 23-195MH Chimney Material: Chimney Depth: 4.88 in. Chimney | Cone 47.00 in. 9.25 in. Wall Material: 6 Wall | Bench | Channel Chimney Infiltration/Inflow: Chimney Clear Opening: Cone Type: Cone Material: Cone Depth: Wall Diameter/Lenght: Manhole Steps: Bench Material: Bench Coating/Liner: Channel Material: Channel Type: Wall Depth: Step Material: Bench Present: Channel Installed: Channel Exposure: Channel Condition: Bench Condition: Wall Condition: Wall by Size (width): Cone Condition: Chimney Condition: Chimney Present: Concrete (precast) Sound Concrete (cast in place) Sound Yes Fully OpenedOther Concrete (precast) Conical off centered No Sound Insert Sound Yes Metal Chimney Coating/Liner: Cone Coating/Liner: Wall Rating: Wall Coating/Liner: Bench Rating: Channel Rating: None None None Chimney Rating: Cone Rating:1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future 1 - minor defects - failure unlikely in foreseeable future Connections Pipe No. Clock Pos. Rim To Invert (Ft) Height (In) Width (In) Pipe Comments Direction Material Pipe Seal Cond. Shape Pipe TypePipe Cond. Bulk- head Bulk- head Cond. Cond. Rating 1 6 10.17 8.00 Lined pipe.Out Not Known SoundCircular Gravity Connection Sound No 1 2 11 7.71 8.00 Flow-monitoring band and probe in pipe. In Vitrified Clay Pipe SoundCircular Gravity Connection Sound No 1 3 12 10.17 10.00 Lined VCP.In Vitrified Clay Pipe SoundCircular Gravity Connection Sound No 1 S:\AE\C\Chanh\150965\5-final-dsgn\51-drawings\90-GIS\Report\CHANH_150965_SEH_MACP_CrystalReport.rpt Page 36 of 36 23-195MH Sustainable buildings, sound infrastructure, safe transportation systems, clean water, renewable energy and a balanced environment. Building a Better World for All of Us communicates a company-wide commitment to act in the best interests of our clients and the world around us. We’re confident in our ability to balance these requirements. Program Recommendations Inflow and Infiltration (I/I) Study –Private Infrastructure City Project 2019-06 Completed in partnership with Objectives •Approval of a City program to address I/I contribution from private property sources identified in residential districts from the 2019 study (City staff have already adopted recommendations for public infrastructure improvements based on the initial report and the January 13th workshop presentation.) I/I Program Recommendations Update Sewer Ordinance Develop and Implement Public Education Program Implement a Private Property Inspection (PPI) Program •KEY: Need to identify what type of PPI in order to tailor the ordinance and education steps Private Property Inspection Programs •Sump Pump / Building Inspection Program •Eagan, Forest Lake, and Minnetonka •Point-of-Sale Inspection Program •Golden Valley and West Saint Paul •Voluntary In-Home Inspection Program •Columbia Heights •Mainline Launch CCTV Inspection Program •Saint Paul Sump Pump Inspection Program •Mandatory Inspection for Sump Pumps, Basement Connections •Sump pumps are the most common connection and easiest to fix •Small time requirement for homeowners (< 30 minute inspection) •City Ordinance already in place from 1990’s Sump Pump Program (would require minor updates) •1990’s Program inspected all homes resulting in 4,935 properties •313 properties were found to have illicit sump pump connections •By 2003 all properties brought into compliance •Enforcement of existing ordinances •Program Limitations •Miss potential foundation drains or service lateral leaks •Typically City funded inspections in order to ease public discontent •Requires follow-up inspections for full enforcement (i.e. -winter disconnects) •Can drag out and be inefficient to schedule if not made mandatory Point-of-Sale Inspection Program •Inspection Prior to Transfer of Property •2006 I/I Reduction Plan identified point-of-sale as I/I reduction strategy •Inspection of full system (service lateral, sump pump, etc.) •Typically the responsibility of existing homeowner (fix or place 125% into escrow) •Easier to schedule for the homeowner compared to other programs •Certification typically valid for 10 years after inspection •Program Limitations •Requires extensive updates to City Ordinance •Only able to complete homes as they turn over •Requires City monitoring for full enforcement (MLS tracking, assessment req.) Voluntary Inspection Program •Voluntary In-Home Inspection •Inspection of full system (service lateral, sump pump, etc.) •Typically City funded inspections to encourage buy-in •City Ordinance majority already in place (could also make mandatory) •Program Limitations •Homeowners who know they are non-compliant typically don’t volunteer •Average response rate is less than 30% of potential properties •Can drag out and be inefficient to schedule (i.e. -increased costs) Mainline Launch Inspection Program •CCTV Lateral Inspection Conducted from City Mainline •Inspection of service lateral up to the foundation of the house •Minimal involvement of the homeowner •Easy to inspect (typically > 90% of properties) •City Ordinance could accommodate as is •Currently City offers free lateral/mainline launch inspection during road rehabilitation projects if sanitary sewer televising is necessary •Program Limitations •Does not inspect for sump pumps or most foundation drains •Inspections typically 100% funded by City •Risk of lateral break on private side PPI Program Outcomes after Inspection •Disconnection of Illicit Sump Pumps •Most cost effective method for reducing I/I, typically <$1,000 per property •Requires follow-up inspection to ensure enforcement •Disconnection of Illicit Foundation Drains •Intrusive to the homeowner, requires open cut excavation •Repair costs typically < $3,000 per property •Approximately 733 parcels pre-date 1969 plumbing code revision –Sump Pump program would not have found via visual inspection these potential connections •Necessary Repairs of “Defective” Private Laterals •Multiple funding options: full City, subsidized City, or full property owner •Depending on scope, lateral repairs could be upwards of $10,000** per property **Assumes repairs are done with trenchless methods Cost:Annual cost to implement/maintain the program Public:The level of disruption and/or additional involvement required from residents and property owners Ordinance:Level of effort necessary to update City ordinance or to educate the public to achieve the proper enforcement Risk:Potential for not achieving an adequate reduction of I/I through the completion of the program Time:How long the program would take for implementation Evaluation Criteria Decision Matrix* Inspection Program Cost Public Ordinance Risk Time Initial Annual Sump Pump Medium Medium High Medium Medium High Point-of-Sale Medium Low Low High Low High Voluntary Inspection High High Medium Medium High Medium Mainline Launch Medium Medium Low Low High Low Status Quo (Do Nothing)Low Low Low Low High Low *See additional attachment for breakdown of each category and ranking Recommendations •Point of Sale •Mainline Launch Update Sewer Ordinance ✓ Develop and Implement Public Education Program ✓ Implement a Private Property Inspection (PPI) Program Thank You Decision Matrix Breakdown Cost - Annual cost to implement/maintain the program (This was intended to cover all costs, including City labor and not just a Consultant fee) • Sump Pump - Medium because of the Large Volume of inspections and that it is typically fully funded by the City to ease homeowner Discontent. On the flip side it is a very Low unit cost per inspection because with a mandatory program you are able to get a lot of inspections bunched into a single day for efficiency. • Point-of-Sale – Low because costs are mostly limited to scheduling labor. Typically low volume of inspections per year based on turnover and costs are can be typically passed on to the homeowner as part of the inspection process. • Voluntary Inspection – High because it is typically fully funded by the City to incentivize volunteers and this method has the highest unit cost per inspection due to the high amount of labor required to schedule and educate. Additionally, it has a low inspection efficiency resulting from many homeowners not wanting to volunteer if they have to take off work. • Mainline Launch – Medium because of the high efficiency of being able to do every lateral within an area all at once but balanced by expensive equipment and/or majority of costs being passed through to a contractor. • Do Nothing – Low because no additional budget required. Public - The level of disruption and/or additional involvement required from residents and property owners • Sump Pump – High because the mandatory program typically requires homeowners to schedule during a project window where they may have to take time off of work • Point-of-Sale – Low because it is completed as part of the sale process when other home inspections are already being completed • Voluntary Inspection – Medium because it requires homeowners to be present for the inspection but as it is voluntary they can generally complete it at a time that is convenient • Mainline Launch – Low because there is little to no involvement of the homeowner beyond an awareness that the project is going on • Do Nothing – Low because no additional involvement of residents required. Ordinance - Level of effort necessary to update City ordinance or to educate the public to achieve the proper enforcement • Sump Pump – Medium because the education required to get homeowners onboard otherwise the ordinance is already in place • Point-of-Sale – High because it will require extensive labor (staff, council, attorney, etc.) to update and enforce the proper ordinance in addition to an education program. • Voluntary Inspection – Medium because the education required to get homeowners onboard otherwise the ordinance is already in place • Mainline Launch – Low because there little needed in education or updates to the ordinance. • Do Nothing – Low because no updates necessary for “status quo”. Risk - Potential for not achieving an adequate reduction of I/I through the completion of the program • Sump Pump – Medium because it does not inspect for all potential clear water connections (foundation drains or lateral infiltration) • Point-of-Sale – Low because it evaluates for all conditions (sump, foundation drain, lateral) • Voluntary Inspection – High because homeowners who know they have an issue do not volunteer • Mainline Launch – High because it does not inspect for the larger contributing sources such as sump pumps and foundation drains • Do Nothing – High because even though no program is proposed with this option, doing nothing will result in not achieving any reduction in I/I Time – How long the program would take for implementation • Sump Pump – High because as with the 1990’s Sump Pump Inspection Program it would require an entire program to be built out, possibly up to a year (or more) to implement. • Point-of-Sale – High because this would be a new program/policy for the City and would require studious review and updates to ordinances, coordination with multiple departments, and implementing new standard operating procedures which could take possibly up to a year (or more) to implement. • Voluntary Inspection – Medium because this would require an education campaign coupled with coordination with staff and individual property owners one-by-one, possibly up to 6 months (or more). • Mainline Launch – Low because the city currently does mainline CCTV and cleaning projects of sanitary lines annually and would only require additions of specifications for mainline and review by the City Attorney regarding liability. • Do Nothing – Low because no program additional time would be required CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject Approve City Council Minutes dated February 24, 2020 Section CONSENT AGENDA Item No: D.1. Prepared By Nann Opheim, City Recorder File No:  PROPOSED MOTION “The City Council approves the City Council minutes dated February 24, 2020.” Approval requires a Simple Majority Vote of members present. ATTACHMENTS: City Council Summary Minutes dated February 24, 2020 City Council Verbatim Minutes dated February 24, 2020 City Council Work Session Minutes dated February 24, 2020 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES FEBRUARY 24, 2020 Mayor Ryan called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Tjornhom, Councilman McDonald, Councilwoman Coleman, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Jake Foster, Charlie Howley, City Attorney James Monge, Chief Don Johnson and Lt. Lance Pearce PUBLIC PRESENT: Roger and Dorothy Downing 7200 Juniper Avenue, Excelsior Tom O’Brien 449 Summerfield Drive PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated February 10, 2020 2. Receive Planning Commission Minutes dated February 4, 2020 3. Accepting the Public Trail and Utility Improvements in Beehive Homes Project No. 2012-09 4. Highway 101 Occupancy Agreement with Halama 5. Approve 2020 Key Financial Strategies and Legislative Priorities 6. Approve Consultant Contract Amendments for the Highway 101 Improvements (Pioneer Trail to Flying Cloud Drive) 7. Resolution #2020-11: Accept Bids and Award Contract for Pleasant View Road Channel Improvements Project 8. Right of Entry Agreement for the Highway 101 RPBCWD Parcel City Council Summary – February 24, 2020 2 All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. None. FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE. Chief Don Johnson reviewed the January monthly statistics for staffing, calls for service, and other activities the fire department and Fire Chief had attended. Sergeant Tyler Stahn presented the monthly statistics for January regarding calls for service, training, community relations, and staffing. LAW ENFORCEMENT ANNUAL REVIEW. Lt. Lance Pearce presented highlights from the annual law enforcement review. Mayor Ryan asked for further clarification of the statistics regarding a 22 percent increase with drug crimes in the city where most other crimes are going down, and staffing levels. PUBLIC HEARING: APPROVE VACATION OF A PORTION OF PUBLIC RIGHT- OF-WAY: HICKORY ROAD (FORMERLY KNOWN AS KIRKHAM ROAD) ABUTTING 3734 HICKORY ROAD. Charlie Howley presented the staff report on this item. Mayor Ryan asked for clarification of the possibility of an additional dock on this property before opening the public hearing. The applicant, Tom O’Brien explained that this vacation is to provide additional flexibility if and when they make improvements in the future. Mayor Ryan closed the public hearing. Resolution #2020-12: Councilman Campion moved, Councilwoman Tjornhom seconded that the City Council adopts a resolution, with it’s conditions, approving the vacation of a portion of public right-of-way as follows: 1. All that part of Hickory Road, formerly known as Kirkham Road, as dedicated in RED CEDAR POINT LAKE MINNEWASHTA, according to the recorded plat thereof, Carver County, Minnesota, lying Northerly of the Westerly extension of the Southerly line of Lot 28, Block 1, in said plat (P.I.D. NO. 256600140). All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: APPROVE VACATION OF DRAINAGE AND UTILITY EASEMENTS AT 8077 CENTURY BOULEVARD. Charlie Howley presented the staff report on this item. Resolution #2020-13: Councilwoman Coleman moved, Councilman Campion seconded that the City Council adopts a resolution approving the vacation of public drainage and utility easements as dedicated as follows: City Council Summary – February 24, 2020 3 1. All drainage and utility easements as dedicated in Lot 2, Block 1, Arboretum Business Park 7th Addition, Carver County, Minnesota, according to the recorded plat thereof. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVE BIDS FOR FIRE DEPARTMENT CREW ROOM FIRE STATION IMPROVEMENTS. Chief Don Johnson reviewed the bids for the duty crew room improvements and alarm system upgrades. Councilwoman Coleman moved, Councilman Campion seconded that the City Council awards a bid for construction and alarm system upgrades to Fire Station 1 to coincide with the overnight duty crew program approved for 2020. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS. Mayor Ryan extended her thanks to Mr. Sticha as well as the Economic Development Commission for hosting the first business open house which had a good turnout from local businesses. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt discussed the Luminary Walk being held on Thursday evening from 6:00 p.m. to 8:00 p.m. at the Holiday Inn. CORRESPONDENCE DISCUSSION. None. Councilwoman Tjornhom moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 8:10 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL REGULAR MEETING FEBRUARY 24, 2020 Mayor Ryan called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Tjornhom, Councilman McDonald, Councilwoman Coleman, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Jake Foster, Charlie Howley, City Attorney James Monge, Chief Don Johnson and Lt. Lance Pearce PUBLIC PRESENT: Roger and Dorothy Downing 7200 Juniper Avenue, Excelsior Tom O’Brien 449 Summerfield Drive Mayor Ryan: Good evening everyone and welcome to our council meeting. To those of you that are watching at home or livestreaming from the Chanhassen website, thank you for joining us. For the record we have all of our members present tonight. Our first action is our agenda approval. Council members are there any modifications to the agenda as printed? If not we will proceed with the published agenda. No public announcements. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Mayor Ryan: Next we have the consent agenda. Tonight we have consent agenda items number 1 through 8. All items listed under the consent agenda are considered to be routine by the City Council and will be considered as a single motion based on staff recommendation. There’ll be no separate discussion of these items. If discussion is desired by anyone on council or here in the chambers you may request to have that item removed or have it considered separately on our agenda this evening. Are there any items that the council would like to consider separately? Councilman McDonald. Councilman McDonald: I have a question. I received an email before I came to council where a consent item was added. Is that included in here or is there actually 9? Todd Gerhardt: There is 9 Mayor. Mayor Ryan: No it was initially 1 through 7. I think number 8 is the. Chanhassen City Council – February 24, 2020 2 Councilman McDonald: Okay so it has been added? Mayor Ryan: Yes, it was added. Councilman McDonald: I just wanted clarification. Mayor Ryan: Yes, yes so the last, it initially was 1 through 7 and the last add for the 101 is number 8 so with that said is there any items that the council would like to consider separately? Todd Gerhardt: Mayor would you like to give me an opportunity just to give a quick summary of item 8. What that is is that it allows the contractor to have access to the Riley-Purgatory- Bluff Creek Watershed District parcel for some clear cutting of trees and our attorney wanted City Council’s full action on that item. So to stay on schedule we wanted to do it now versus 2 weeks from now. Mayor Ryan: Okay, thank you for the clarification. Is there a motion to approve consent agenda items number 1 through 8? Councilwoman Tjornhom: So moved. Mayor Ryan: Is there a second? Councilman McDonald: Second. Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated February 10, 2020 2. Receive Planning Commission Minutes dated February 4, 2020 3. Accepting the Public Trail and Utility Improvements in Beehive Homes Project No. 2012-09 4. Highway 101 Occupancy Agreement with Halama 5. Approve 2020 Key Financial Strategies and Legislative Priorities 6. Approve Consultant Contract Amendments for the Highway 101 Improvements (Pioneer Trail to Flying Cloud Drive) Chanhassen City Council – February 24, 2020 3 7. Resolution #2020-11: Accept Bids and Award Contract for Pleasant View Road Channel Improvements Project 8. Right of Entry Agreement for the Highway 101 RPBCWD Parcel All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. None. FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE. Mayor Ryan: First up we have the fire department and law enforcement update. Chief. Chief Don Johnson: Good evening Mayor and council. The fire department update for the month of February. Staffing remains steady at 42 of 45 firefighters. We did conduct interviews with 4 candidates for this next year’s hiring process. When I authored this report we had made one conditional offer. Since then we’ve made a second so happy report we have 2 additional firefighters coming on and they’ll not need any academy this year which will help out, help our numbers right away. They’re already coming trained so. In January we responded to 80 calls for service. One chief only call. 19 day only calls. 28 duty crew calls and 32 general alarms. 52 of those were rescue EMS calls that include 11 motor vehicle accidents. We responded to 3 fires. One being mutual aid to assist in Eden Prairie a cooking fire and one car fire on Highway 5 and Galpin. Other activities that took place we’ve got, we assisted with Feb Fest. Assisted several Minnesota Chief’s activities related to the conference and administrative budgets. It’s one of the things that I give my time to and returning that back to the State Chief’s. We attended an emergency manager’s meeting with Carver County Public Health to discuss the coronavirus on February 6th. Lieutenant Pearce and I conducted a table top exercise with Westwood staff on February 8th and this drill is a continuing part of our main functional exercise which we’re going to be handling in May. And we also assisted Victoria with a fire ground command training on February 10th. The Fire Marshal’s activities for the month of January, Life Time Corporate II had taken quite a bit of the Fire Marshal’s time up as we got that building set and open so I think we’re done with the Certificate of Occupancy. The new buildings off of Galpin are also in substantial completion and there’s quite a bit of testing going on in there and those buildings with inspections and Don assisted the Bernard Group with another round of CPR and AED and choking class training for their employees, as well as a Summerwood tenants meetings so just some stuff that we’re doing in the community outside of responding to calls and that’s all I have for my update. Mayor Ryan: Council any questions for the Chief? I’ll have one. What was the conversation around the coronavirus? Chief Don Johnson: Well in regards to having Ridgeview there, Carver County Public Health, a lot of information from the CDC is kind of all systems are just kind of normal right now. The Chanhassen City Council – February 24, 2020 4 regular flu affects us seasonally every year so there hasn’t been any real changes. Since that meeting I believe was February 8th they did come out with some changes for dispatch now so anybody that calls in with flu like systems they’ll ask them about travel and then relay that information to responders so our normal protocols are just to kind of try to do patient assessment from a little ways away and if we need to put on masks. Just regular surgical masks but we haven’t really seen any difficult issues with flu or any coronavirus here yet for us so we’ll keep, I’ll keep the City and the Council up on what’s coming from the CDC as we get it in from Carver County. Mayor Ryan: Great, thank you. Appreciate it. Lieutenant. Sergeant, welcome. Thank you. Sergeant Tyler Stahn: Good evening everybody. Not the Lieutenant. Sergeant Tyler Stahn for those who don’t know me and I’ll be providing the January sheriff’s office update. First I’d like to state that there were 829 total calls that the sheriff’s office, total activity within the city of Chanhassen for the month of January. Our Group A crimes, the predominant calls for service were felony thefts. With regard to the breakdown of those calls for services, just under half of all the calls for services included traffic stops. Of the non-criminal calls those were predominantly alarms, medicals, animal calls and suspicious activity. And with regards to our training update, as of tomorrow all of our staff will have undergone our current medical training put on by Ridgeview Medical Center. All of our staff has also completed emergency vehicle operation training. With regards to community relations update, just this last Saturday we conducted a Coffee with a Cop at Caribou Coffee here in Chanhassen. Councilwoman Julia Coleman was also present at that and then earlier in January I did a presentation at the Chaska High School for a teacher there who I know talking to the kids about just in general what it’s like to be in law enforcement. And with the rest our staffing update. We currently have 2 people who are out on work related injuries, however we have been able to manage our staffing in this situation. And that is it for the sheriff’s office update. Are there any questions that you have? Mayor Ryan: Council any questions? No, thank you Sergeant. LAW ENFORCEMENT ANNUAL REVIEW. Mayor Ryan: Next we have our annual law enforcement review. Lt. Lance Pearce: Madam Mayor, council, I’m going to go through the sheriff’s office 3 year annual review. I did a 3 year versus a 5 year which Lieutenant Kittelson did last year because we switched over from MNSIS and NBRS in mid-2016 so this gives us a 3 year breakdown of so we can compare the same information. So the first slide I have on here is our total criminal offenses and you can see in 2017 we had 737 crimes and in 2019 we’re down to 692. It’s a reduction of 6 percent and so I did some research and nationally and as reflected in the city of Chanhassen and the county as a whole crimes are down. According to the FBI I did look to 2017 to 2018 and nationally violent crimes are down 3.9 percent and property crimes are down 6.9 percent so it6’s pretty reflective in the city as well. For medical for 2017 we had 1,004. We’re down to 931 for Chanhassen City Council – February 24, 2020 5 a reduction of 7 percent. So I looked at how much time we’re actually spending on these medicals and it’s pretty consistent, about 35-37 minutes a piece so it’s pretty consistent from what we’ve seen in the past. Mental health, mental health calls are down from 223 in 2017 to 120 so my guess on this is we’re doing a much better job of getting the people the resources that they need on the front end so we’re not getting the repeated calls to law enforcement. I know our crisis is doing a better job of reaching out both on the phone and in person when we call them for help so that’s the reason I think that that’s quite a bit of reduction from 223 to 120. So I looked at mental health and how much time we’re actually spending on that and you can see in 2017 we had, we spent 94 minutes on mental health and we’re up to 117 so an increased amount of time we’re spending on each call and that’s a direct result of not only our POST board which is our licensing board. It’s peace officer’s standard training board is requiring all law enforcement to have some sort of a crisis intervention training and in addition to that our agency requires all of our new deputies that are on probation to go through a 40 hour class so all of is equating to more time we’re spending with these people in the hopes that we don’t get repeated calls. I’ll just read off the continuing education requirement for the POST board which I think is important for the council to understand. So every year all licensed peace officers are required to be trained in use of force and we’re also required to go through the emergency vehicle operation course every 5 years which all of our agency just went through that in the past month. In addition beginning in 2018 the POST board’s requiring every law enforcement officer to have 16 hours of additional training in crisis intervention and mental illness crisis, conflict management and mediation and also recognizing and valuing community diversity to include implicit bias. So we’re required to do 48 hours of training every 3 years which is our licensing period. Before I move on is there any questions from council on the requirements at all? Okay. So the burglary and robberies. Fortunately for robberies we don’t have very many. We had one in 2017, three in 2018 and one in 2019 so because it’s such a low number there’s really not a comparison for that. For burglaries we’re significantly down. We went from 38 in 2017 to 15 so I think that’s a huge number that we’ve decreased. Todd Gerhardt: Lance can you give the difference between the two again just for the public? Lt. Lance Pearce: Sure. Burglary would be a property crime so if somebody broke into your house and stole your property out of there that would be a burglary. Robbery is a person crime so if they assaulted you and took your purse, your wallet, whatever that, that’s a person crime so it’d be a robbery. Thank you for the question. Theft and vehicle theft. We are down significantly for total thefts from 188 in 2017 to 143 and then the vehicle thefts again are such low number it’s pretty difficult to measure and we only had 4 last year. As it relates to total assaults and sex crimes, the total assaults remaining pretty consistent. We had 46 in 2017 and we had 43 last year. The sex crimes are up from 4 to 12 and I think that’s a result of some organizations, the #NotMe, mandatory reporting where people are divulging this information and then we get mandatory reporters that call us to investigate that. Doesn’t matter how long ago it occurred, last week, a decade ago, they’re still required to report so we’re getting those calls and I think that’s the reason those are increased a little bit. Chanhassen City Council – February 24, 2020 6 Mayor Ryan: Lieutenant that was one of my questions that I had. So you’re saying that you attribute some of the increase to sexual assaults that have happened years ago that now they’re coming forward or they were actually committed crimes in the last year because when you, if you wouldn’t mind going back a slide. You know I mean to 2017 it was low but in ’18 and ’19 that’s a significant increase so. Lt. Lance Pearce: Yes from the most part those are all crimes that had occurred previously and just being reported in 2018 and ’19. Most of these are not, they occurred last week or they occurred in the recent past. Mayor Ryan: Okay so, okay. So they weren’t in ’18 or ’19? Lt. Lance Pearce: Some of them were but the majority of them were not. Mayor Ryan: Okay. And then when you, you get this information who do you pass the information along to or is it just held within your department or? Lt. Lance Pearce: They’re investigated by our investigative division yes. Mayor Ryan: Okay. Lt. Lance Pearce: And sometimes they’re divulged in our social services environment but they’re required to notify us and then we, I’m not sure what the term is but we co-investigate those because sometimes they’re social services component to the investigation when it involves children specifically and sometimes it’s just a law enforcement. Mayor Ryan: Okay and so this dip doesn’t differentiate between child and adult? Lt. Lance Pearce: This does not no. Mayor Ryan: Okay. Lt. Lance Pearce: This is a collective number. Mayor Ryan: Thank you. Todd Gerhardt: This is mandatory so there is a report that is submitted to law enforcement to go and check and see if they’re complying with the orders of the court. Lt. Lance Pearce: No. This would be if somebody, if somebody reported to somebody from social services for example. If we take a teenage kid and they reported that they were sexually assaulted 10 years ago the social worker’s required by law to notify law enforcement and then we would investigate how long ago it was because there is statutes of limitation stuff but there’s Chanhassen City Council – February 24, 2020 7 also a social services component when it comes into the safety of the children. The safety of the home. Todd Gerhardt: So these are all new cases? Lt. Lance Pearce: That are reported on here yes. Todd Gerhardt: Okay. Lt. Lance Pearce: But the number for example when it says 2019 up there and it says 12, that means in 2019 12 were reported. Todd Gerhardt: Right. Lt. Lance Pearce: Okay. That doesn’t mean that’s when they occurred. That’s just when they were reported. I think that answers your question Mayor. Mayor Ryan: It does yes, thank you. Lt. Lance Pearce: Okay. For DUI and drug crimes the total DUI’s are down from 73 to 59 and the total drug crimes are up from 97 to 125. I don’t think we have an increased drug problem in our city. I think we have a couple of deputies who focused on that a lot and I appreciate their efforts but it does reflect in the increased number on here. Mayor Ryan: Lieutenant I’ll also jump here because this was another number that jumped off the screen to me when I was reading it. Lt. Lance Pearce: I knew it would. Mayor Ryan: Because at face value it is very concerning to think that there was such a significant increase. How does the Southwest Task Force, Drug Task Force play into this? Is it because they’re being more proactive that there you know, catching more or is that totally separate from this report? Lt. Lance Pearce: It’s intertwined with this report. Mayor Ryan: Okay. Lt. Lance Pearce: So what happens is this, what’s reflected on here is everything from a citation for a possession of marijuana all the way up to methamphetamine. This is a collective number. I didn’t do a breakdown in this but I know just from watching what comes in the majorities are just a, your low level possession of marijuana ticket. It’s not a lot of the harder drug crimes. What happens is when we get the reports, if it’s going to be investigated on a larger scale, Chanhassen City Council – February 24, 2020 8 somebody is dealing drugs, that kind of stuff, those reports go from our office to the task force and then the task force takes over the larger investigations. Mayor Ryan: And where they, I mean I found it interesting with you know some of the crime statistics going down yet you know the overall robbery and theft that sometimes is associated with an increase of drug crimes, did you notice any correlation or do you not make those comparisons as part of this report? Lt. Lance Pearce: I did not make those correlations as part of this report. Mayor Ryan: Okay. Todd Gerhardt: Mayor but, some of this also occurs with traffic stops. Some of the officers will take it upon themselves also to check the vehicle for other things. Lt. Lance Pearce: Yes. Todd Gerhardt: When they have the opportunity where typically you’re pulled over for speeding. You get a speeding ticket. Some officers will you know search the car for other items that… Lt. Lance Pearce: Yep when we have the authority to do that, yes and I think that’s where a lot of the increase in here is coming from. Mayor Ryan: It’s still a concerning number so. I’m wondering if we can get some sort of a follow up report from the drug task force, just if they’re seeing an increase. I know when, I know her first name and I don’t want to call her by her first name. Lt. Lance Pearce: I know her too. I can certainly inquire from the task force and get a report for Chanhassen. Mayor Ryan: Okay I’d appreciate it. I think you know to have a 22 percent increase with drug crime in the city where we’re seeing that most of crime is going down but you see something like this, I think a little further explanation would be helpful. Lt. Lance Pearce: I can certainly have that for here, yep. I can inquire for you. Mayor Ryan: Oh I’m sorry yes go ahead. Councilwoman Tjornhom: Something to add to that. I think too what would be a good, key part of this is to know if they are Chanhassen residents or if they are just crimes that were committed in Chanhassen where it was someone that pulled someone over. A deputy pulled someone over and they were able to search their car and they found paraphernalia or they found that you know Chanhassen City Council – February 24, 2020 9 they were about to make a deal somewhere, that type of scenario because I think that too would influence these numbers correct? Lt. Lance Pearce: Okay, sure. Councilwoman Tjornhom: Because if someone’s driving on Highway 5, they get pulled over they could very easily live in I don’t know Minneapolis, anywhere but still they were arrested, stopped and arrested in Chanhassen so it’s part of our statistics. Lt. Lance Pearce: Correct. Okay. I can certainly get that for council. Mayor Ryan: Alright perfect, thank you. Anything else? Okay. Lt. Lance Pearce: Okay for the domestics, domestic assaults were up a little bit from 24 to 32. I don’t have an explanation for that other than it just reporting to us. I honestly don’t have an explanation for the increase. Mayor Ryan: Okay, but that would be actual numbers of domestic assaults that take place in this year. This isn’t reporting afterwards like the sex crimes. Lt. Lance Pearce: Ask the question again? Mayor Ryan: Like the sex crimes that were reported, these are actual domestic. Lt. Lance Pearce: Reported in 2019 yes. Yes. Mayor Ryan: That occurred in? Lt. Lance Pearce: Yes. This is not reflective of the arrest though. This is the reports. Mayor Ryan: Okay. Lt. Lance Pearce: Okay so for arrests and citations, total arrests from 416 to 432. I think that’s reflected in the drug slide I had a couple slides ago. Citations are down significantly from 2017 to 2019. Upon looking at the data that’s a direct result of the winter parking citations. And we also had some issues with the State as it relates to license plate issuance and license tabs, if anybody was even got their own personal tabs and had an issue with the State so we had some issues with that when officers in the past would make traffic stops for license plate violations, that kind of stuff we kind of held off because we knew there was an issue with the State for 6 or more months. I think the County even had tab issues with the State. Okay so here’s our misdemeanor investigator. So we looked at the number of cases that he closed out and the number that he cleared. In 2017 we had 119 with a clearance rate of 50 percent. In 2019 we had a few less cases assigned to him but we also had a larger percent of increase of clearance. Chanhassen City Council – February 24, 2020 10 Mayor Ryan: Do you want to explain the difference between closed and cleared? Lt. Lance Pearce: Clear would be if we made an arrest, we cleared it as unfounded for example. Anything other than an arrest. There’s like 5 different clearance codes but if it’s an arrest it will show as that. If it’s just cleared out either we can’t do anything else with it. It wasn’t a crime so if it’s anything other than cleared. Mayor Ryan: Great, thank you. Lt. Lance Pearce: Without a lengthy explanation. Okay so total activity. So anything that generates an incident crime report, it’s called an ICR, this is where we’re at for police activity. So it’s collectively. Anything that we find on our own. Anything that somebody calls 911 or calls our non-emergency number gets an incident crime report okay. So total numbers for 2017 we had 12,657 and in 2019 we had 11,046 so we’re down about 13 percent. So we looked at the number of arrests and report calls and the number of arrests are up a little bit. Again I think that’s the drug related slide and the number of reports are actually down so anything we clear where we write a police report which we don’t write a report on every call for service. We do on all crimes. Anything that might be significant as far as, we find a suspicious person that might be related to somebody. We might write a report on that. Anything that generates a report is reflected in here and we’re down from 1,438 to 1,332 from ’17 to ’19. So we also looked at the monthly arrests and report incidents and in 2017 we had 137. We’re down a little bit to 131. I think those are intertwined with the last two slides. So I compared our neighbor Chaska to see where we’re at because we share a border with them. We also have similar populations, size and demographics and so comparably from 2017 to ’19 I think we’re seeing the same pattern in Chaska as well and in 2017 again we had 12,657 calls and we’re down to 11,046 and the city of Chaska had 13,207 and they’re down to 12,908. I looked at populations because I said they’re pretty similar within 1,000 people as far as comparably. This slide just shows what I just explained. So I looked at their police department to see where we’re at in Chanhassen and in Chaska police department they have 25 officers total and besides patrol they have 3 sergeants and 12 patrol officers. Compared to Chanhassen we have 15 officers assigned to the city of Chanhassen and we have 3 sergeants and 9 patrol. On this slide here I looked at our history to see where we are with a total of number of contract personnel and went back all the way to 2010 and from 2010 to today we have remained the same as far as the number of people that are contracted up here at 15. We made some administrative changes. In 2012, actually 2011 or 2013 where we made some sergeants, or I’m sorry. Some corporals into sergeants so we had some direct supervision up here where before we only had one sergeant up here and that was assigned to everybody for supervision. So the last two people added to the police contract was our misdemeanor investigator in 2007 and the school resource officer in 2009 when the Chanhassen High School opened. So I looked at the KFS cities and the police operating budgets just to see a comparative here and you can see on the slide where Chanhassen’s at. We had a police contract in 2019 was $1., a little over $1.9 million for 15 sworn officers. Council have any questions on that at all? Chanhassen City Council – February 24, 2020 11 Mayor Ryan: Well I’ll ask the obvious question because I think it jumps off the page. You know we’re similar in size yet we have a significant you know difference between how many sworn officers we have with some of our comparative cities and obviously it’s been a decision by council because we have felt that we’ve been appropriately staffed to handle what’s happening in our city. I know there has been a request for next year to have an additional officer but you know going from 15 to 16 still doesn’t get you up to 25 and so from your perspective I’d just like to hear what you have to say in terms of where we’re at with staffing and handling, you know obviously you show a report that reflects that crime continues to go down with the exception of a couple items and so I just want, you know I think it’s important for us as council to hear your perspective on our staffing level but I also think it’s important for residents to feel comfortable that they are being you know adequately served by the contract that we have with the sheriff’s office. Lt. Lance Pearce: Sure. You know I think that we’re a little under staffed in Chanhassen. We did a work load analysis last year, Commander Owleen completed that and I know that was submitted to the City. We have enough staff right now to answer the calls for service but that’s what we have. Enough to answer the calls for service. I know that I can get to the next slide here. This is the policing work plan that I work with the City Manager on and the focus for the sheriff’s office and the City has to do a lot with the community engagement and I would like to continue doing that because I think, the more community engagement you do the more presence we have the less opportunity there is for crime and the more police presence has a direct impact on things like theft from vehicles, burglaries. I mean there’s been research that’s been done on that and I think that with the community engagement piece in order for us to progress in that we need more staff because I typically have two deputies on per shift and if I end up with 2 or 3 calls for service I can’t guarantee I can have staff attend community engagement events without staffing it with overtime and then I’m not being a, being good with the overtime money that is budgeted. And I would like to continue with that because the current crime stats are low right now but we all know that’s not going to stay like that forever. The economy’s good and I think that has a little bit to do with why our crime stats are down and I would not, I would hate to be under staffed for when it does go back up. So in order to increase the amount of community engagement that I think the council wants, that the sheriff’s office wants, I think we need a little bit more staff in Chanhassen. Mayor Ryan: And when you say community engagement do you mean like Coffee’s? Going into schools? More of a presence of driving around? Lt. Lance Pearce: I think it’s all inclusive mayor. Mayor Ryan: Okay. Lt. Lance Pearce: I think it’s all inclusive with all of that stuff. It also allows us to have some built in shift relief for when people call in sick, that kind of stuff so we’re not filling in shifts Chanhassen City Council – February 24, 2020 12 with overtime all the time which has a direct impact on the City’s budget. For example when we get requests for, and this actually happened a few months ago. When Act on Alzheimers group wanted a deputy to come down and be present at their event. We made it about a half an hour and the deputy had to leave so I can’t guarantee we can get deputies to the events that the City is hosting. And I’d like to be able to do that. Plus it’s that presence. I was just reading an article on Friday, certainly not even remotely comparable to our size of our city or our state but the City of Everett, Washington. They have a little different dynamic there but they have a little over 200 officers and the title on the end, the article is crime is down but Everett hopes to hire 24 more officers and it has to do with a number of factors but what the article says is, their citizens want more visibility even though crime is low and it also focuses in here that crimes are getting more complex and they’re also taking longer to clear meaning the, when I first started, a long time ago, if you had a theft call for example it was somebody in the next town that took your stuff or whatever. Those aren’t happening anymore. It’s somebody over the internet stole something and it turns out it’s in the next county and the next state and we have to take the time to try to figure that part out, especially with the technology piece. We’re putting more time and effort on the backs of the patrol staff to do that which I can’t measure in the presentation that I gave you. And I’ll just give you an example and, I’m not the technology guy. I’ll just preface it with that but there is a technology component to almost every crime we investigate right now. It’s either on some social media platform of some sort. Some app, some something and if somebody steals your stuff and they put it on Facebook or Snapchat or something like that, there’s a time limit where we can get the information so if somebody puts it on Snapchat I have a limited window to try to grab that information from the vendor so that has to do, and goes right back to the investigating deputy which just means more time that they have to take to complete all these reports which is less time to do the community engagement part. Or the presence part or you know some of the other proactive events like Coffee with a Cop and all that other stuff that we could be doing. Does it make sense? Mayor Ryan: It does. Thank you. Lt. Lance Pearce: Okay. Mayor Ryan: Council any questions? Go ahead Mr. Gerhardt. Todd Gerhardt: Lance I just want, I just want to make reference that you showed the number of officers that are patrolmen and sergeants that patrol Chanhassen. Lt. Lance Pearce: Yes. Todd Gerhardt: And our contract also includes in there dollars associated for the sheriff, deputy sheriff. I think there’s also money in there for dispatch and jailer in that $100 and whatever thousand dollars per officer. So there’s an administrative fee associated with each of those officer contracts. Chanhassen City Council – February 24, 2020 13 Lt. Lance Pearce: I’d have to see it, I don’t recall that being in there but I’d have to look at the contract. Todd Gerhardt: Yeah that’s the way it was explained to me because a lot of the officers say boy I wish I could get paid that much and. Lt. Lance Pearce: We all do. Todd Gerhardt: Yeah and, because that was a part of the formula that they used to calculate the per officer because certain cities felt as though they were subsidizing Chanhassen’s police service than other communities so a portion of those, not all of them, just a portion, 10 percent or whatever it may be but 3 to 4 total is kind of how I did the math of the administrative side where I think Chaska has 10 so I just wanted to prefaced that but we still have a difference if you’re looking from a patrol sergeant comparison of Chaska, a total of 15 in Chaska and 12 in Chanhassen. Lt. Lance Pearce: Correct, yep so in this slide, if we back up a few slides here their calls for service in the city of Chaska, let’s just say it’s 13,000 and we have 11,000 in Chan, they’ve got if we just do a direct comparison on this slide they’ve got 3 more patrol officers to answer essentially within 1,000 calls for service difference. Todd Gerhardt: Right. And your 15 officers under the Carver County how did you come up with that number? Lt. Lance Pearce: The 15? That is the total that the City contract. That includes my position, the 3 sergeants, the school resource officer and misdemeanor investigator and 9 patrol deputies. Todd Gerhardt: And the 25 in Chaska includes the Chief. Lt. Lance Pearce: Yes. Todd Gerhardt: That’s their total compliment and I’m saying of the 15 officers that we have we pay roughly $110,000 per officer. Lt. Lance Pearce: Roughly. Todd Gerhardt: But they don’t get all paid $110,000. Lt. Lance Pearce: No they wish they did though. Todd Gerhardt: Yep, and so included in that $110,000 is part of the sheriff, the deputy sheriff and the other services so. Chanhassen City Council – February 24, 2020 14 Lt. Lance Pearce: Yes. Todd Gerhardt: Just so you have a full understanding of how the contract plays out and, but I do support that this is something we need to look at as a part of our vision and our goals into the future of you know when we add officers and just because the crime stats in some areas show the numbers going down, we don’t want to be reactive of when the numbers go up and the more I call it kind of community policing when the officers have down time where they’re showing more of a presence in neighborhoods or at our businesses or at our churches or at our non-profit organizations, that we’re getting people to think about being preventive in crimes. It’s something I always bring up about, to my neighbors. Make sure your garage door’s down because crime of opportunity is probably the biggest thing we have going on in Chanhassen because it’s easy for somebody to drive by and see a garage door open and grab that little snowblower and throw it in the back of their truck and they’re gone in 2 minutes so, so it’s those crimes of opportunities and the more officers we have the better off we might be able to catch those or talk about prevention. That’s it. Mayor Ryan: Thank you. Lt. Lance Pearce: Any other questions from council? Mayor Ryan: I don’t think so. Thank you for the report tonight Lieutenant. Lt. Lance Pearce: Thank you. Mayor Ryan: And then if you’ll just get, can send it to Todd and then he’ll forward or send it to council some of the follow up questions that would be great. Lt. Lance Pearce: Very good. Mayor Ryan: Great thank you. Next we have two public hearings. PUBLIC HEARING: APPROVE VACATION OF A PORTION OF PUBLIC RIGHT- OF-WAY: HICKORY ROAD (FORMERLY KNOWN AS KIRKHAM ROAD) ABUTTING 3734 HICKORY ROAD. Mayor Ryan: The first public hearing is the approval of vacation of a portion of public right-of- way Hickory Road. You taking that? Charlie Howley: Madam Mayor, yes. I’ll be presenting. I presume I’ll do my little introduction and then you’ll open the public hearing. Mayor Ryan: Yes please. Chanhassen City Council – February 24, 2020 15 Charlie Howley: It will go that way, okay very good. I have a power point prepared here. I’ll give credit to Erick, our Project Engineer. He prepared the staff report and I’m presenting it. The property owner at 3734 Hickory Road has request the City vacate an unimproved right-of- way that goes back to the original platted right-of-way from quite some time ago. Here is a aerial of the area in question so this is on Lake Minnewashta and the area highlighted in yellow is the existing public right-of-way that’s being requested to be vacated. This is the original plat dated 1913, it’s called Red Cedar Point and it was made up of a number of small little lots and a bunch of roads bisecting the property. Here’s a blow up of the area in question. The 30 foot highlighted yellow is the requested vacation. This slide is meant to show that over time, I don’t know the dates of when these happened but the items in green outline shaded yellow were previous vacations, very similar in nature to this so the old roadway which was never built going north and south has over time been vacated and vacated and vacated so this I just another step in that process. Not that this was planned by the City. These were all based on requests by landowners, or at least I presume that they would have been. So here’s a current survey of the property and one of the things I want to point out is this dashed line here. If you can think of this rectangle, this rectangle and that rectangle coincide with this rectangle, this rectangle and this rectangle. Hopefully that’s clear. At some point in time, and we don’t have the history of this but these two lots were somehow joined administratively. Not through a platting process presumable when this house was originally constructed so this is one lot next to the original right-of-way. The other point of this map is to show in green our existing sanitary sewer line and in blue our existing watermain. Public utilities. These are not just services to houses. These are mains. And this existing driveway to the property to the west, so when we go back here this driveway kind of cuts through here. You can see the house was under construction at the time of this aerial. So what’s in front of us is adopting a resolution with it’s conditions as noted in the staff report to approve the vacation of a portion of the public right-of-way dedicated as follows, and I don’t know that I need to read this but this is the formal legal description of what would be vacated should you approve this. Now I will say that as noted in the staff report that once this is vacated we still maintain, and that’s what’s written in the conditions a line, that would be a dashed line where this red line is, we would maintain a drainage and utility easement over that exact same right-of-way. So for the purposes of the City and owning and maintaining our utilities in there, we still have that right to go in there. It just isn’t our land anymore. It actually goes to this property owner as part of their land and they are just encumbered by an easement at that point. The obvious question would be well why are we doing this and as noted in the staff report this is being requested by the landowner. Property owner and I believe the reason is because currently this being their western property line they have a setback, building structure setback on a street which is like 30 feet so if they wanted to do an addition to this house or build a new house or what have you they’re, they can’t use that area. By vacating this right-of-way and this just becoming easement this becomes a side yard setback way over here and the building setback is only 10 feet. They still couldn’t build a structure within the easement over the utilities but I think it gives them the ability to construct structures clear out to here rather than into there so I presume that’s the genesis here and if the applicant’s here tonight I have no idea if they are or not they can maybe say why they’re doing it. From the other portions of the city is this access Chanhassen City Council – February 24, 2020 16 down to the lake certainly isn’t needed for public benefit anymore. We’re not presumably ever needing another lake access. I think we already have two public access to this lake as I’m told. We really don’t have a need for it so like the other ones that have been vacated the City has been okay with the vacation and the recommendation in the staff report is to allow it. Mayor Ryan: Great. Charlie Howley: So that kind of, there may be a question on a dock size or location and I did look up the ordinance so I think I’m prepared to answer that if we need to. Todd Gerhardt: Do you want to go ahead and. Mayor Ryan: That was my next question Mr. Howley so. Charlie Howley: Alright, so just before the meeting. Todd Gerhardt: The Mayor would want to know that before. Mayor Ryan: I received a phone call about that that there was a concern. Charlie Howley: Very good. Mayor Ryan: About the, I think you answered the question in terms of the structure that now yes they would possibly be able to add onto it but obviously that goes through another process but the concern was about adding a dock to this property. Charlie Howley: So in a mad rush I went and looked up our zoning, our code and under the zoning so I’m a little out of my lane but I think this is pretty straight forward. Section 20-920, structures, boats, waterways, it talks about docks and in there it talks about the size of a dock and location of a dock but I think we’re wondering about size. No more than one dock shall be permitted on any lot so this becomes one lot. It doesn’t, this parcel doesn’t become a separate lot and it has a maximum length of 50 feet or the distance it needs to get out to 4 feet of water. I think based on the aerial looking at the other docks right next door it would all be in line with those so I think it’s a 50 foot maximum. It’s not like okay this property owner’s going to get 34 width, 30 more feet of width. That doesn’t mean they get a bigger dock in length and in width the width is calculated as part of the length so you’re at a maximum of 25 foot wide but then that shortens off your 50 so I think the answer is, I’m fairly confident that no you can’t have a bigger dock if you have a bigger lot. Mayor Ryan: Okay. And I think it was just now could they have an additional dock and maybe they’re here. I’m not sure. I just received a phone call this afternoon about the additional dock so. Chanhassen City Council – February 24, 2020 17 Charlie Howley: They would not get an additional dock. Mayor Ryan: Okay. Charlie Howley: And one of the other items I would rather just get out in front of is there might be some questions about drainage and we know that the west end of Hickory has some existing drainage problems. It doesn’t threaten property or you know personal safety. It’s just a very, very narrow, narrow road. It’s always had drainage problems and could there be a project in the future to kind of correct that drainage? Potentially. It may be too small to do on a project on it’s own but when we have a number of projects that kind of build up we go and comprehensively do a drainage improvement and this potentially could be part of that but we don’t have any planned improvements for this right-of-way or Hickory Road in the CIP but we are aware of the drainage and it’s something on our radar for lack of a better word. Mayor Ryan: Alright thank you Mr. Howley. Before I open up the public hearing council are there any further questions? Alright with that I open the public hearing. Please step forward and state your name and address and comments for the record. Tom O’Brien: Hi good evening. Tom O’Brien and I am the property owner. My wife and I own the property at 3734 Hickory. I think you did a fantastic job of describing what we were thinking so really you know just as we understood a little bit better about the right-of-way and what had historically happened our thought was to be able to minimize that setback would provide a little more flexibility if and when we were to ever do anything on that property so we understand and fully expect to grant the drainage and utility easement as well as access to our adjacent neighbor. Mayor Ryan: Perfect, thank you Mr. O’Brien: Tom O’Brien: Thank you. Mayor Ryan: Anybody else that would like to come forward? Alright with that I’ll close the public hearing and return it to council for any further comment, question or motion. Anyone? Councilman Campion: I’ll make a motion. Mayor Ryan: Councilman Campion. Councilman Campion: I propose that the City Council adopts a resolution with it’s conditions approving the vacation of a portion of public right-of-way dedicated as follows: 1. All the part of Hickory Road, formerly known as Kirkham Road, and as dedicated in Red Cedar Point Lake Minnewashta, according to the recorded plat thereof, Carver County, Chanhassen City Council – February 24, 2020 18 Minnesota, lying northerly of the westerly extension of the southerly line of Lot 28, Block 1, in said plat (PID No. 256600140). Mayor Ryan: Alright we have a valid motion. Is there a second? Councilwoman Tjornhom: Second. Mayor Ryan: Alright Councilwoman Tjornhom with the second. With a valid motion and second all those in favor please signify by saying aye. Resolution #2020-12: Councilman Campion moved, Councilwoman Tjornhom seconded that the City Council adopts a resolution, with it’s conditions, approving the vacation of a portion of public right-of-way as follows: 1. All that part of Hickory Road, formerly known as Kirkham Road, as dedicated in RED CEDAR POINT LAKE MINNEWASHTA, according to the recorded plat thereof, Carver County, Minnesota, lying Northerly of the Westerly extension of the Southerly line of Lot 28, Block 1, in said plat (P.I.D. NO. 256600140). All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Ryan: That motion carries 5-0. PUBLIC HEARING: APPROVE VACATION OF DRAINAGE AND UTILITY EASEMENTS AT 8077 CENTURY BOULEVARD. Mayor Ryan: Mr. Howley I think you’re up again for another vacation of a drainage and utility easement. Charlie Howley: Thank you Madam Mayor. I believe you are correct. Okay what we have here again is a vacation. This one doesn’t have anything to do with right-of-way. It’s just public drainage and utility easements and again we’ve got a power point here that will go through the request. It’s located at 8077 Century Boulevard on the site of Control Concepts. Here’s an aerial of the site in question with a blow up. This was the original plat from 1997 of Arboretum Business Park. You’ll notice this northern portion is the subject in question and as part of that plat these yellow shaded areas were platted as drainage and utility easements. Nobody really quite knows why. Presumably there was some low areas that maybe they thought would be dedicated for wetlands or some use but nonetheless they were platted this way back then and could be noted as non-standard or atypical. Here’s a blow up of that as well showing the yellow vacated easements, and these are drainage and utility easements. These are the oddly shaped atypical areas and then these are the standard 5 and 10 foot that border any sort of platted lot that we typically do nowadays. Also on top of this, which we’ll show on the next slide is what we’re replacing it with so we’ve vacating this and adding new. It just seemed easier that way because Chanhassen City Council – February 24, 2020 19 of the size and shapes than trying to just carve out. Leave existing and just carve out what’s changing. This was just from a surveying and documentation. This is just a cleaner way to do it. A complete vacation and a complete dedication. So here’s what we would be dedicating back. Again we’re going to maintain the 5 and 10 along the platted lot lines and doing a nice, more geometrical shape than these areas in yellow. So the recommendation is that the City Council adopts a resolution approving the vacation of public drainage and utility easements on Lot 2, Block 1 of Arboretum Business Park 7th Addition. Mayor Ryan: Thank you Mr. Howley. Council any questions before I open the public hearing? Alright I hereby open the public hearing. Please come forward and state your name and address for the record and then address the council. With nobody here I will close the public hearing and return it to council for any questions, comments or motion. Councilwoman Coleman: I’ll make a motion. Mayor Ryan: Councilwoman Coleman. Councilwoman Coleman: The City Council adopts a resolution approving the vacation of public drainage and utility easements as dedicated as follows: All drainage and utility easements as dedicated in Lot 2, Block 1, Arboretum Business Park 7th Addition, Carver County, Minnesota, according to the recorded plat thereof. Mayor Ryan: With a valid motion, is there a second? Councilman Campion: Second. Mayor Ryan: Thank you Councilman Campion. With a valid motion and second all those in favor please signify by saying aye. Resolution #2020-13: Councilwoman Coleman moved, Councilman Campion seconded that the City Council adopts a resolution approving the vacation of public drainage and utility easements as dedicated as follows: 1. All drainage and utility easements as dedicated in Lot 2, Block 1, Arboretum Business Park 7th Addition, Carver County, Minnesota, according to the recorded plat thereof. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Ryan: That motion carries 5-0. Thank you Mr. Howley. APPROVE BIDS FOR FIRE DEPARTMENT CREW ROOM FIRE STATION IMPROVEMENTS. Chanhassen City Council – February 24, 2020 20 Mayor Ryan: Chief. Chief Don Johnson: Thanks again Mayor. This would probably potentially be a consent agenda item but there were some things that changed during the process so special thanks to Fire Marshal Nutter who primarily authored the staff report and has done the leg work on this. I just get to stand up here and present it so. In regards to our crew rooms that you approved for the overnight duty crew staffing there’s some modifications that have to come for the station so Phase 1 of this is to take 3 assistant chief offices that they were sharing with their captains and repurpose those into crew rooms. If you remember, being back that far that city hall, that small conference room on the upper level then we would turn into a combined use supervisors work areas with four dedicated work stations for 10 supervisors to share to make room for the crew rooms. So Phase 1 was to update the crew rooms. Create the combined supervisor’s office area and then redo the two bathrooms on the upper level of city hall for the restoration of Phase 1. Phase 1 would have been approved for $95,000 or I’m sorry, $93,000 as part of the CIP. During the process of obtaining bids and in your packet there’s a simple table. We also got Phase 2 bids which Phase 2 is to renovate the two existing locker rooms downstairs. That had not been in front of you in regards to budget approval because it was a 2021 CIP project and we had put $125,000 aside for that. We engaged 3 contractors, two which we know really well here in the city, Engelsma and Gardner. Just for reference Engelsma built Riley Crossing and Gardner is doing Camp Tanadoona so two reputable companies that we’re used to dealing with. We engaged a third one and could not get a quote from them so if you look at the simple table, and why this is important part of new business, Engelsma bid to do both phases and put a financial incentive in, a savings of $14,000 to do both Phase 1 and Phase 2 of this year. So not only are they cheaper across the board as far as the bids for both projects of Phase 1 and Phase 2, they’ve also incentivized to do both projects this year. We had to add alarm devices, notification devices inside the crew quarters. During that process in obtaining those bids we found out that our fire alarm panels are too old and antiquated. We can’t add anything so we did get 3 bids for the replacement of that panel and the additional devices that we need to add to the rooms as well as the furniture cost was provided by a State contract, furniture company that we use here in the city so those are, that’s all in State bid. Primarily those costs are related to the construction of that office combined supervisor’s office. So the recommendations at this point would be to move forward with Phase 1 and Phase 2 to recognize the cost savings of $14,671 and approve the contractor for the, both Phase 1 and Phase 2 as well as the purchase of the furniture off the State contract and the approved bid for the fire alarm system. Mayor Ryan: Thank you Chief. Council do you have any questions? Todd Gerhardt: Mayor and council. As a part of this presentation Don mentioned that we’re, we split these from 2020 and 2021 and that total cost was $218,000 so by taking advantage of the quotes that we have now you’re roughly saving oh just under, just over $50 some thousand dollars from doing it all in one year versus two years. If you look at the CIP sheet, $51,741. If Dan’s calculator’s right. Chanhassen City Council – February 24, 2020 21 Mayor Ryan: And so the addition, because I’m looking and I was looking at the CIP earlier. The addition of the furniture, because that wasn’t in the initial part of the CIP and then you made reference that the Fire Relief Association is adding to it so if we could, obviously you’re retrofitting that space but it wasn’t you know new furniture and desks and etcetera. More in part of the initial CIP so I’m just. Chief Don Johnson: …Mayor, again what I tried to do when we got the original construction bid was to put in allowances for this type of thing. We knew we were going to have to furnish them and just for an example the crew rooms are going to have a desk and a chair and that’s the extent of the furniture as well as you know a bed and we do have some furniture in the station that will work in that crew room. The Chanhassen Fire Relief Association is purchasing the beds and the televisions so those, you will not see any of that in here. That’s all being done by the Fire Relief Association. So the main brunt of the furniture that you see in the bottom of that chart is the modular furniture and the work stations for that combined office for the supervisors. Mayor Ryan: And that, okay. So that was all part of the. Chief Don Johnson: Correct. Mayor Ryan: Entire bid. Okay. And I mean I understand that we approved the 5 year CIP at the end of last year so this coincides with that. It just moves it all up into one year. Council are there any further questions, comments or motion? Councilwoman Coleman: I’ll make a motion. Mayor Ryan: Councilwoman Coleman. Councilwoman Coleman: The City Council awards a bid for construction and alarm system upgrades to Fire Station 1 to coincide with the overnight duty crew program approved for 2020. Mayor Ryan: We have a valid motion. Is there a second? Councilman Campion: Second. Councilwoman Coleman moved, Councilman Campion seconded that the City Council awards a bid for construction and alarm system upgrades to Fire Station 1 to coincide with the overnight duty crew program approved for 2020. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Ryan: That motion carries 5-0. Chief Don Johnson: Thank you council. Appreciate it. Chanhassen City Council – February 24, 2020 22 Mayor Ryan: Appreciate it. COUNCIL PRESENTATIONS. Mayor Ryan: Council is there any presentations? I would just like to add one I’d like to extend my thanks to Mr. Sticha as well as the Economic Development Commission for hosting the first business open house last week. We had a good turnout and received some positive feedback from local businesses going forward and will be part of their planning process for goal setting going forward but they had a great set up in the room at the Rec Center with a lot of displays and got some good traffic I think from local businesses but also for, from the Highway 101 update that was in the room next door but regardless of why they showed up we appreciate that they did it and the Economic Development Commission did a great job with that so I just wanted to extend my thanks to those who attended as well as to the commission members. ADMINISTRATIVE PRESENTATIONS. Mayor Ryan: Anything on the administrative? Todd Gerhardt: I’ll give a plug here for Park and Rec. We have the Luminary Walk this coming Thursday. I believe it’s from 6:00 to 8:00 over by the Holiday Inn and Life Time Fitness off of Century Boulevard. I’ve attended these in the past. They’re really enjoyable. Weather looks good and great family activity. There’s some smaller loops you can take as many as you want and I guess dogs are welcomed if they are leashed and you have the proper disposal bags with you and so it should be a good family event. Mayor Ryan: Perfect. Thank you Mr. Gerhardt. CORRESPONDENCE DISCUSSION. None. Councilwoman Tjornhom moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 8:10 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL WORK SESSION FEBRUARY 24, 2020 Mayor Ryan called the work session to order at 5:30 p.m. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Tjornhom, Councilman McDonald, Councilwoman Coleman, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Jake Foster, Charlie Howley, Todd Hoffman, Greg Sticha, and Adam Beer PUBLIC PRESENT: Michael Rainville Meet Minneapolis Joel Rainville Chanhassen Dinner Theater Vernelle Clayton Buy Chanhassen Jim Boettcher 7476 Crocus Court Matt Kutz 1080 Lyman Court Lucy Haukoos 7561 Great Plains Boulevard KEY FINANCIAL STRATEGY: LODGING TAX MEETING FOLLOW UP. Vernelle Clayton provided an update on the work conducted by Buy Chanhassen before introducing Joel Rainville with the Chanhassen Dinner Theater and Michael Rainville with Meet Minneapolis. Joel Rainville discussed the idea of marketing Chanhassen with the formation of a destination marketing organization having one contact person to market attractions and hotels. Vernelle Clayton discussed Buy Chanhassen’s work in updating their budget and bylaws. Councilwoman Coleman asked who would supervise this person’s workload. Councilman McDonald discussed his hope that this person’s job would be to work with local businesses to present a package outlining what amenities the city has to offer. Councilwoman Tjornhom explained that she just typed in Chanhassen and reviewed the information that was brought up by Trip Advisor so wondered what difference having a contact person would make. Councilman Campion asked about a targeted amount to fund this position. Vernelle Clayton discussed the anticipated budget for revenue and expenses to sponsor this position. Mayor Ryan asked Michael Rainville to discuss how Meet Minneapolis fits into this marketing efforts for a 2 to 3 year period of time to help get the destination marketing organization started. Mayor Ryan asked what the advantage is for using this marketing tool versus Paisley Park, Landscape Arboretum and Chanhassen Dinner Theater doing their own independent marketing. Councilman McDonald discussed the need for this organization to promote people staying 2 to 3 days to visit multiple destinations in Chanhassen. Mayor Ryan asked Vernelle Clayton to discuss what information she would bring back to a meeting in April before asking council members for feedback on how to proceed. After comments from council members it was decided to move forward to gather City Council Work Session – February 24, 2020 2 more information, noting a letter of support or representatives from the hotels at the next meeting would be helpful. Councilwoman Tjornhom requested that information be provided to council members prior to the next work session in April. DISCUSS CHANHASSEN HISTORICAL SOCIETY’S USE OF OLD VILLAGE HALL. Todd Gerhardt explained that after discussions with the historical society they are willing to provide $2,000 a month to go towards the use of old village hall noting it would be his recommendation to accept their proposal to help with upkeep and maintenance of the old village hall building. Mayor Ryan discussed the process the historical society has gone through in coming up with this proposal for a partnership with the City that will be re-evaluated in 2 years. Councilwoman Tjornhom fully supported the proposal. Councilman McDonald explained that he still has concern and would like to see the historical society be fully self sufficient. Council members voiced support for this project with review in 2 years and asked the Finance Director to prepare contract documents. KEY FINANCIAL STRATEGY VARIOUS PARK RELATED GOALS. Todd Hoffman discussed possible funding sources and timeline for work at Lake Ann Park expansion. Greg Sticha reviewed financing options to fund the Lake Ann expansion i.e. referendum, tax abatement program, interfund loan, or bonding. Councilwoman Tjornhom asked for clarification on timing for the different financing options. Todd Hoffman continued outlining points identifying the need for a community center to include a pool, building a splash pad at Bandimere Park with permanent bathrooms, and upgrading permanent restrooms at major city parks. Mayor Ryan explained that she received a message from the CAA stating they are willing to donate $30,000 towards restroom improvements at Lake Ann Park. Todd Hoffman continued discussion with the need for two covered indoor hockey rinks. Mayor Ryan explained that this is a difficult discussion item because it will include tax increases. Councilman Campion stated his initial thought would be to have the Lake Ann Park trail expansion as a priority and the possibility of commercial partnerships with some of the other projects. Councilman McDonald asked about community support and would agree with proceeding with the Lake Ann Park trail expansion. Councilwoman Tjornhom concurred with the priority of the Lake Ann park expansion sooner than later but noted it is too early to discuss funding options. Councilman Campion asked about the feasibility of phasing options for construction of Lake Ann. Mayor Ryan agreed with the need to receive public feedback on how to proceed with these various projects. Todd Hoffman noted that the current community survey is asking two questions related to park projects. Councilwoman Coleman agreed with the need to get public feedback. Mayor Ryan asked staff to bring back a schedule to further discuss this item. Greg Sticha discussed the impact of issuing bonds, for every $5 million dollars issued there is an associated levy of about $300,000 or $30 per home. Mayor Ryan adjourned the work session meeting at 6:55 p.m. City Council Work Session – February 24, 2020 3 Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject Receive Planning Commission Minutes dated February 18, 2020 Section CONSENT AGENDA Item No: D.2. Prepared By Nann Opheim, City Recorder File No:  PROPOSED MOTION “The City Council Receives the Planning Commission Minutes dated February 18, 2020.” Approval requires a Simple Majority Vote of members present. ATTACHMENTS: Summary Minutes Verbatim Minutes CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES FEBRUARY 18, 2020 Chairman Weick called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Steve Weick, Mark Undestad, Mark Randall, John Tietz, and Michael McGonagill MEMBERS ABSENT: Doug Reeder, and Laura Skistad STAFF PRESENT: Kate Aanenson, Community Development Director; and MacKenzie Walters, Associate Planner PUBLIC HEARING: CONSIDER A REQUEST FOR SIGN VARIANCES FOR THE EXISTING MONUMENT SIGN LOCATED AT 306 W. 78TH STREET (CHAPEL HILL). MacKenzie Walters presented the staff report on this item. Ben James with Blue Label Creative spoke on behalf of Chapel Hill and discussed the need for this signage. Chairman Weick opened the public hearing. No one spoke and the public hearing was closed. Undestad moved, McGonagill seconded that the Chanhassen Board of Appeals and Adjustments recommends approval of the variance request to allow a 6 foot high ground low profile sign with 35.33 square feet of total display area of which 16 square feet may be an electronic message center, subject to the conditions of approval and adopts the attached Findings of Fact and Decision: 1. The applicant must apply for and receive a sign permit from the City. 2. The Electronic Message Center (EMC) must comply with the City’s Electronic Message Center Standards, save that it may have an EMC Display percentage of 46.29 percent. 3. The ground low profile sign must meet the City’s design standards. 4. The ground low profile sign shall be located in the same position as the existing monument sign. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Planning Commission Summary – February 18, 2020 2 APPROVAL OF MINUTES: Commissioner McGonagill noted the verbatim and summary Minutes of the Planning Commission meeting dated February 4, 2020 as presented. COMMISSION PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Kate Aanenson discussed action taken by the City Council at their February 10, 2020 meeting and the upcoming schedule for the Planning Commission. Undestad moved, Randall seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Planning Commission meeting was adjourned at 7:25 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CHANHASSEN PLANNING COMMISSION REGULAR MEETING FEBRUARY 18, 2020 Chairman Weick called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Steve Weick, Mark Undestad, Mark Randall, John Tietz, and Michael McGonagill MEMBERS ABSENT: Doug Reeder, and Laura Skistad STAFF PRESENT: Kate Aanenson, Community Development Director; and MacKenzie Walters, Associate Planner PUBLIC HEARING: CONSIDER A REQUEST FOR SIGN VARIANCES FOR THE EXISTING MONUMENT SIGN LOCATED AT 306 W. 78TH STREET (CHAPEL HILL). Walters: So this is a sign variance request. Chapel Hill Academy is requesting a variance for a 6 foot high ground low profile sign with a total of 35.33 square feet of sign display area. 16 square feet of that is proposed as an electronic message center so a little overview of the site. Chapel Hill is right downtown, pretty close to city hall and the proposed sign location is about where this blue star is. It would be the location of the existing sign so the sign location wouldn’t be changing. Only the height and size. Just to give a sense of the surrounding context, Chapel Hill is zoned office institutional. They have residential single family to the north and east. We have some preserve open space, A2 to the south. Another office institutional and then central business district over here so it kind of is at the end of the commercial section of downtown. Just to compare and provide some context for the sign code because we don’t see too many sign variances, under the office institutional district business and institutional signs are allowed to be up to 5 feet high with a maximum display area of 24 square feet. Electronic message centers are an allowed type of signs, however the EMC’s and then governmental signs are allowed to be larger so it’s for instance a public school or the Chanhassen library, even though it’s zoned office institutional it’s allowed to have a larger sign. Up to 8 feet high and 120 square feet. In the case of those 40 square feet of that display area can be electronic message centers. Right here is the section of the city code that governs electronic message centers for signs up to 24 square feet up to 50 percent of their display can be the EMC. If they’re over 24 feet but less than 64, 45 percent of the display can be the EMC. There’s a few other rules that are in play. They can’t be within 50 feet of a street intersection. The sign itself cannot be within 125 feet of a residential district and if they’re within 500 feet of single family homes they cannot be on between the hours of 6:00 a.m. and 10:00 p.m. There also are regulations in the city code that govern the maximum brightness of EMC’s as well as preventing them from having moving or animated images so it has to be a static display under the code. The applicant is proposing a 6 foot high sign so that’d be a 1 foot variance from the height and the 35.33 square feet would be an 11.33 square foot Chanhassen Planning Commission – February 18, 2020 2 variance from the maximum display area size. That would allow them to have a 16 square foot electronic message center. Full disclosure that is a quarter percent larger than the display area ration they’d be allowed but staff doesn’t consider a .1 square foot deviation to be significant. So Chapel Hill believes that because they have a large number of different users that use the building as well as a bunch of variable after school events and meetings that it is very difficult for them to communicate the programming at their facility with a static display and that’s why they’re requesting a larger electronic message center. They did note that the office institutional zoning does allow public schools and similar government agencies to have much larger signage than they are requesting. So comparing the existing sign to the proposed sign, the existing sign is 5 feet tall. Has 24 square feet of display area and the EMC is about 9 ½ square feet and as mentioned what they’re proposing would be a little over 11 square feet bigger in display area. A foot taller with a 16 square foot electronic message center. I will mention before I get into the staff assessment we were contacted by a resident who did express concern that this sign would have much more of a visual impact than the existing sign. Predominantly due to the increased lamination and they expressed some concern that pedestrians walking might find it distracting along the sidewalk. When staff evaluated the proposal we do feel that this is a unique use in the community and that the multiple different uses for the building and the variable programming did justify or make a case for why a larger electronic message center may be appropriate. The applicant had originally came in requesting a variance for an 8 foot tall sign with I believe it was 48 square feet of display area. Staff asked them to revise it to try to minimize the extent of the variance and that’s what resulted in the current proposal which is a much smaller deviation from the standards. The site’s location and orientation do place the sign near a lot of the commercial uses in downtown and the building prevents it from being seen from the residential properties and that’s one of the reasons why staff is comfortable recommending approval on this as well as the sign being in the same location and does not believe that there will be any traffic safety risks posed with this sign. With that I’d be happy to answer any questions you may have. Weick: Thank you MacKenzie. Couple questions I do have. If you could, if you go back to page 4 of 7 and you don’t have to flip there but it’s the chart. Underneath the chart there were 3 bullets. Yep. Of those 3 do any of those currently apply? Walters: The sign meets all current ordinance so it’s 50 feet back from the intersection. The sign, even though the border of the parcel is within 125 feet the sign itself is not within 125 feet. It is within 500 feet so they would have to turn off the EMC between the hours of 10:00 p.m. and 6:00 a.m. Weick: Okay. That was the only question I had. Anyone else for MacKenzie at this time? No? I would invite the applicant to come forward. Just state your name for the record and tell us about your project. Ben James: Hi my name is Ben James and with Blue Label Creative and my kids have gone to Chapel Hill. The oldest one is in eighth grade this year and the youngest is in third grade so I do a lot of different projects from coaching sports. From basketball and soccer for the school as Chanhassen Planning Commission – February 18, 2020 3 well as volunteering for other sun runs and other activities that they have. So with the school it’s an important amenity and we are an important amenity and partner with the City of Chanhassen and the sign would provide not only announcement of important school events but for the also the churches and clubs and organizations that UCHA. It would also be used, could be used for public service announcements and city event promotions as well so we would be open to working with you guys on that. And MacKenzie did a great job kind of summing it up that it doesn’t face any residential areas as well. We would be keeping the same pad that you see right there. The brick and the electrical and everything it’s there. Part of the old display, there’s some safety concerns with the fire wall. It’s not supported for the computer system that’s there anymore so it is, we don’t want to have, open that up to any hackers or anything like that so hopefully they’re not watching tonight. Whoops. You know so that’s really what we’re looking to do in a nutshell. Did you have any questions? Weick: Sure. Do you consider the sign to be more advertising or more, I’m going to draw a blank but like location identification. Ben James: It is more location identification. Trinity Hill Church right now, they take a banner off of the front entrance every Sunday. Weick: Okay. Ben James: You know so it is for these clubs and organizations that are using it. There are opportunities in the near future with some expansion. I’m sure that will be a different meeting to bring other clubs and so forth in there so it’d be a way for notifying and identifying that. And then there would be some for sporting events. You know when other teams come into play games you know it’s just a good identification that that’s where the soccer or the, not soccer I should say but basketball or volleyball games would be at. Weick: Okay. And then if you were going to replace the sign if it needed to be upgraded, to be within code you could, you could go and correct me if I’m wrong MacKenzie but we could go to 12, 12 square feet from an increase from the 9 ½ today they could go to 12 square feet and be within code. Walters: Yes they could, that’s what the city code would allow. Weick: Is that something that you guys considered and I apologize I don’t have a real good dimensional mind so I don’t know if there’s a huge difference between those or. Ben James: Yeah, so with the panels that we’re using for the high resolution, they come in 12 inch square panels that can interchange. So having to customize and go into, they don’t make like an 18 inch so you know we’d have to do some custom work on that with the LED’s to do that so this is a less expensive solution than doing a custom size. Chanhassen Planning Commission – February 18, 2020 4 Weick: Smaller size, okay. Anyone else with thoughts or questions? For the applicant. Nothing? McGonagill: It’s not 6 foot high white letters. Weick: No. Well thank you then. I appreciate you coming forward and certainly clarifying some of those items for us. Ben James: Thank you for your time. Weick: Thanks a lot. At this time we will open the public hearing portion. Anyone wishing to come forward and offer an opinion on this item is welcomed to do so at this time. I thought maybe we had someone moving but no, okay. Then seeing nobody come forward I will close the public hearing portion and open for commissioner comment or a motion. Judging from the lack of questions I’m assuming everyone’s you know tracking with this one. Undestad: Yeah I think so. McGonagill: It’s tastefully done. Like I said it’s not 6 foot high white letters so I’m, it’s not bright. They’ll turn it off. It’s what it’s supposed to do and you know I will, for sure they use that facility a lot for volleyball and basketball and be able to put that up. Who’s playing when and at what time. It’s a great thing to have because they turn that facility around a lot I know that. Randall: Oh I’m sorry. Oh I was a little concerned about the residential impact but after seeing how the building actually blocks the light from it so I know some of these signs, especially at night they get really bright you know and with our hours that they’re going to be operational. Weick: Yeah there’s some houses there on 78th maybe that just because of the angle. Like that one on the corner maybe is, would be the one that I would certainly be, yeah. They seem to have a pretty good, although it is. Undestad: It’s at the other angle too though. Weick: It is a different angle and I think there’s a little bit of a hill and then some trees and stuff, I mean it’s not a straight shot. I’ve been along there quite a bit and it basically just, I mean we’re a little less than doubling kind of what’s there today. As far as the electronic portion of it so. McGonagill: I’m good with it. Randall: I am too. Weick: I certainly would entertain a motion. Chanhassen Planning Commission – February 18, 2020 5 Undestad: I’ll make a motion that the Chanhassen Board of Appeals and Adjustments recommends approval of the variance request to allow a 6 foot high ground low profile sign with 35.33 square feet of display area of which 16 square feet may be an electronic message center, subject to the conditions of approval and adopts the attached Findings of Fact and Decision. Weick: Thank you. We have a valid motion. Do we have a second? McGonagill: I’ll second it. Weick: We have a second from Commissioner McGonagill. Any further comment at this time? Undestad moved, McGonagill seconded that the Chanhassen Board of Appeals and Adjustments recommends approval of the variance request to allow a 6 foot high ground low profile sign with 35.33 square feet of total display area of which 16 square feet may be an electronic message center, subject to the conditions of approval and adopts the attached Findings of Fact and Decision: 1. The applicant must apply for and receive a sign permit from the City. 2. The Electronic Message Center (EMC) must comply with the City’s Electronic Message Center Standards, save that it may have an EMC Display percentage of 46.29 percent. 3. The ground low profile sign must meet the City’s design standards. 4. The ground low profile sign shall be located in the same position as the existing monument sign. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Weick: Hearing none the motion passes unanimously 5 to 0. Thank you everybody for presenting this evening and coming. Appreciate it. APPROVAL OF MINUTES: Commissioner McGonagill noted the verbatim and summary Minutes of the Planning Commission meeting dated February 4, 2020 as presented. COMMISSION PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Weick: Kate I certainly would open it up for City Council update. Chanhassen Planning Commission – February 18, 2020 6 Aanenson: You on your next agenda scheduled for March 17th. I’ll be looking at an amendment to the PUD for Paisley Park that was linked to 12 events so they would like to try one outdoor event and then we’d just kind of, MacKenzie put together that we use for all special events, the permits on those so we’re only permitting ones that are over a certain volume and how they’re regulated so we’ll have that public hearing. And then they talked about yard waste update just because the County closed where you could take your yard waste so just kind of looking at that so you won’t see anything on that but just ongoing discussion. Just want you aware of that. Trying to get some additional days spring and fall. The council also approved an interim use permit for the wetland for the very technical report on the slide we had on the light rail, on the trail. The LRT trail so that got approved so that work should begin this spring and then also we, the council passed a resolution adopting the Comprehensive Plan so that’s on the work session for your April meeting that we are, first meeting with new commissioners but we’ll go through that. Some of the significant changes. Kind of next steps so we actually have quite a few things for that if it’s okay Chair I’ll just kind of jump to our upcoming agenda. We talked about PUD on for that. We don’t have a meeting in 2 weeks, that March 3rd. That is the Presidential nomination primary so we will not be meeting so our next get together for our last meeting with John and Mark so I hope they’re both here on the 17th. Then on April 7th again we adopt the bylaws, a Chair, Vice Chair. We’ll talk a little bit about development review process. I think there were some questions on that. If there isn’t much on the agenda we might move that one up but it’s kind of helpful for some of the new people there too. We’ll talk about the comp plan. Some of the little tweaks we had to make or I guess kind of explaining our methodology, yeah. Kind of more of what that was a lot of back and forth this last year and then we were asked to look at some of the other goals of the other commissions on what they’re working on and how we can be integrating that into what we’re doing and I think that will be helpful too when we do our annual all commissions tour so that might be helpful too. McGonagill: When is that all commissions tour? Aanenson: Usually we do like in August. The first or second week in August. McGonagill: Okay. Aanenson: The other thing I do not have on your calendar and I apologize is, I will get that out to you so you can put it on your calendar and that is the annual meeting with the City Council. After they do their appointments then they’ll set that one so I’ll get that out to everybody to put that on their calendar but with that we have candidates here so after you adjourn we’ll go into the Fountain Conference Room and I’ll kind of be the gate keeper and get you set up and then direct people when you’re ready. Weick: One question, did you mention the item that we heard on the 4th. Did that go in front of City Council? Aanenson: The memory care? Chanhassen Planning Commission – February 18, 2020 7 Weick: Yeah. Aanenson: Yep that’s going next Monday. Weick: They haven’t heard it yet? Aanenson: Yep, a week from yesterday. Yes they have not heard it yet. Good question. They have modifications to it and they know they can meet all those so based on what you saw, some of the input you gave them so I think you’d be pleased with that. McGonagill: What are some of the modifications they did Kate? Aanenson: Pardon me? McGonagill: What did they modify? Aanenson: You know I haven’t gone through all the details with Sharmeen but Sharmeen said they met pretty much all the criteria that was in there so I haven’t looked at that but I’ll share that with you at your next meeting and show that to you. McGonagill: Okay, thanks. Tietz: Hey Kate I have a question. Sign variances. Didn’t we, wasn’t it a year and a half ago when we approved the Youngstedt’s sign, electronic sign and that never has changed has it? Did they back off of that? Walters: That variance has lapsed. I unfortunately do not know why they decided not to proceed with it. I had been under the impression they were good to go and they chose not to ultimately. Tietz: Okay, yeah. Aanenson: I’ll to circle back to Mark’s comments on NIT’s on signs. That’s the intensity so we do ask the architect of those to measure those. So when there was a variance on those sometimes the Planning Commission will go one way and the council will go another but the intensity of those, yeah there is complaints on especially on Highway 5 when you’re driving by and they’re very bright at night so we know the residents are sensitive to that so I appreciate that question. So to the comment that this has to be shut off between 6:00 and 10:00 that kind of helps mediate some of that. That’s all I had. Weick: Great, thank you. With that I would entertain a motion to adjourn. Chanhassen Planning Commission – February 18, 2020 8 Undestad moved, Randall seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Planning Commission meeting was adjourned at 7:25 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject Approve a Request for Sign Variances for the Existing Monument Sign Located at 306 West 78th Street (Chapel Hill) Section CONSENT AGENDA Item No: D.3. Prepared By MacKenzie Young­Walters, Associate Planner File No: Planning Case No. 2020­03 PROPOSED MOTION The Chanhassen City Council approves the variance request to allow a 6­foot high ground low­profile sign with 35.33 square feet of total display area, of which 16 square feet may be an electronic message center, subject to the Conditions of Approval, and adopts the attached Findings of Fact and Decision. Approval requires a Simple Majority Vote of members present. SUMMARY The applicant is requesting a variance to allow for a 6­foot high ground low profile sign with 35.33 square feet of sign display area, 16 square feet of which will be an electronic message center (EMC). The city’s sign code would allow for a 5­foot high ground low­profile sign with 24 square feet of sign display area, 12 square feet of which could be an EMC. The existing ground low profile sign and EMC meet the requirements of the city’s sign code. BACKGROUND On July 7, 2006, a permit was issued for the existing monument sign and EMC. On February 18, 2020, the Planning Commission held a public hearing on this variance request. One email (attached) expressing concern was received; however, no members of the public spoke at the public hearing. After asking questions clarifying the extent of the variance being requested, confirming that the sign would not be visible from residential properties, and confirming that the sign would be subject to the general EMC ordinance, the Planning Commission voted unanimously to recommend approval of the variance. DISCUSSION The proposed monument sign would require a one­foot height variance and an 11.33 square­foot display area variance. While the proposed sign is larger than what the ordinance allows, the unique nature of the applicant’s use requires a larger EMC component than would ordinarily be allowed. The proposed variance is the minimum required to provide an adequate EMC display area, and is not a significant departure from the ordinance’s standards. The proposed sign does not pose a safety risk. For these reasons, staff is recommending that the City Council approve the requested sign variance. CITY COUNCIL STAFF REPORTMonday, March 9, 2020SubjectApprove a Request for Sign Variances for the Existing Monument Sign Located at 306 West78th Street (Chapel Hill)Section CONSENT AGENDA Item No: D.3.Prepared By MacKenzie Young­Walters, AssociatePlanner File No: Planning Case No. 2020­03PROPOSED MOTIONThe Chanhassen City Council approves the variance request to allow a 6­foot high ground low­profile sign with35.33 square feet of total display area, of which 16 square feet may be an electronic message center, subject to theConditions of Approval, and adopts the attached Findings of Fact and Decision.Approval requires a Simple Majority Vote of members present.SUMMARYThe applicant is requesting a variance to allow for a 6­foot high ground low profile sign with 35.33 square feet of signdisplay area, 16 square feet of which will be an electronic message center (EMC). The city’s sign code would allowfor a 5­foot high ground low­profile sign with 24 square feet of sign display area, 12 square feet of which could be anEMC. The existing ground low profile sign and EMC meet the requirements of the city’s sign code.BACKGROUNDOn July 7, 2006, a permit was issued for the existing monument sign and EMC.On February 18, 2020, the Planning Commission held a public hearing on this variance request. One email (attached)expressing concern was received; however, no members of the public spoke at the public hearing. After askingquestions clarifying the extent of the variance being requested, confirming that the sign would not be visible fromresidential properties, and confirming that the sign would be subject to the general EMC ordinance, the PlanningCommission voted unanimously to recommend approval of the variance.DISCUSSIONThe proposed monument sign would require a one­foot height variance and an 11.33 square­foot display areavariance. While the proposed sign is larger than what the ordinance allows, the unique nature of the applicant’s userequires a larger EMC component than would ordinarily be allowed. The proposed variance is the minimum requiredto provide an adequate EMC display area, and is not a significant departure from the ordinance’s standards. Theproposed sign does not pose a safety risk. For these reasons, staff is recommending that the City Council approve the requested sign variance. A full discussion of the variance request can be found in the attached staff report. RECOMMENDATION Staff recommends that the City Council approve the variance request to allow a 6­foot­high ground low­profile sign with 35.33 square feet of total display area of which 16 square feet may be an electronic message center, subject to the Conditions of Approval and adopt the attached Findings of Fact and Decision. ATTACHMENTS: Staff Report Findings of Fact (Approval ­ Signed) Findings of Fact (Denial) Development Review Application Affidavit of Mailing Variance Document Exhibit A Letter from Daniel & Jeanne Burke CITY OF CHANHASSEN PC DATE: February 18, 2020 CC DATE: March 9, 2020 REVIEW DEADLINE: March 17, 2020 CASE #: 2020-03 BY: MacKenzie Young-Walters SUMMARY OF REQUEST: The applicant is requesting a variance to allow for a 6-foot high ground low profile sign with 35.33 square feet of sign display area, 16 square feet of which will be an electronic message center (EMC). The city’s sign code would allow for a 5-foot high ground low profile sign with 24 square feet of sign display area, 12 square feet of which could be an EMC. The existing ground low profile sign and EMC meet the requirements of the city’s sign code. LOCATION: 306 W. 78th Street APPLICANT: Ben James Blue Label Creative 2460 Galpin Ct. #120 Chanhassen, MN 55317 OWNER: Chapel Hill Academy Kassie Grosz 306 W. 78th Street Chanhassen, MN 55317 PRESENT ZONING: OI 2030 LAND USE PLAN: Public Semi Public ACREAGE: 4.84 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city’s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. 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. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSED MOTION: “The Chanhassen Planning Commission recommends approval of the variance request to allow a 6- foot high ground low profile sign with 35.33 square feet of total display area of which 16 square feet may be an electronic message center, subject to the Conditions of Approval and adopts the attached Findings of Fact and Decision.” (Note: A motion for denial and appropriate findings of fact are also included at the end of the report.) Chanhassen Planning Commission Variance for Sign at 306 W. 78th Street February 18, 2020 Page 2 PROPOSAL/SUMMARY The applicant is requesting a variance to increase the height of their existing sign to six feet, a 1- foot variance, and increase the sign’s display to 35.33 square feet, a 11.33 square foot variance, to accommodate a larger EMC panel. The applicant had initially approached staff with a proposal for an 8-foot high sign with 48 square feet of display area; however, after staff expressed concern with the extent of the proposed height variance, the applicant revised their request to minimize the extent of the requested variance. The applicant is proposing to use the existing sign’s base so the location of the sign would not change. The applicant is requesting the variance because they feel that the size of the sign’s existing EMC panel does not allow them to effectively advertise the various activities that are held at their facility. For example, weekend religious services are held on the property and they have found that the existing EMC does not allow them to effectively convey the name, date, and time of services. As a result, they are required to use banners and other temporary signage to advertise the services. In addition to these secondary uses of the facility, Chapel Hill Academy also hosts numerous after-school meetings, programs, and athletic events, all of which would benefit from additional visibility. The applicant believes that a more flexible advertising space is necessary to promote these events. The applicant has noted that the OI zoning district does allow public/community signs on property owned or leased by a governmental agency to be up to 8 feet high with 120 square feet of display area, 40 square feet of which may be an EMC. These signs are significantly larger than what they are requesting, and they feel that as a private school they have very similar needs to public school in terms of having a large enough EMC display area to advertise extracurricular events and after hours meetings. Existing Sign Proposed Sign Chanhassen Planning Commission Variance for Sign at 306 W. 78th Street February 18, 2020 Page 3 APPLICABLE REGULATIONS Chapter 1, General Provisions Section 1-2, Rules of Construction and Definitions Chapter 20, Article XXVI, Division 1, Generally Section 20-1253, Variances Chapter 20, Article XXVI, Division 1, Generally Section 20-1265, General Location Restrictions Chapter 20, Article XXVI, Division 1, Generally Section 20-1267, Uniformity of Construction, design, etc. Chapter 20, Article XXVI, Division 1, Generally Section 20-1276, Electronic Message Center Signs Chapter 20, Article XXVI, Division 2, Signs Allowed in Specific Districts by Permit Section 20-1302, Neighborhood business, fringe business and office and institutional districts BACKGROUND On July 7, 2006, a permit was issued for the existing monument sign and EMC. SITE CONDITIONS The property is zoned Office Institutional District (OI). The parcel has an area of 4.84 acres with frontage along W. 78th Street, Great Plains Boulevard, and Frontier Trail. There is a 5-foot high ground low profile sign with 24 square feet of display area, 9.5 square feet of which is an EMC, along the W. 78th Street frontage. The principal building also has a 12.2 square foot wall sign on the western elevation and a 41.625 square foot wall sign on the southern elevation. NEIGHBORHOOD Surrounding Land Use: Chapel Hill Academy is located on the eastern edge of downtown and serves as a transition between downtown’s commercial uses and the single-family residential neighborhoods to the east. The properties to the north and east are zoned Single-Family Residential District (RSF). The properties to the south are zoned Agricultural Estate District (A2), Office Institutional District (OI), and Central Business District (CBD). The properties to the west are zoned CBD, OI, and High Density Residential District (R12). Chanhassen Planning Commission Variance for Sign at 306 W. 78th Street February 18, 2020 Page 4 Sign Variances within 500 feet: 400-416 W. 78th Street: Monument sign within the lot’s 10-foot setback and wall sign along the east façade. Non-conforming signs within 500 feet: Chan Prairie Laundry Center located at 7720 Great Plains Boulevard has a pylon sign that does not conform to the current ordinance. RELEVANT SIGN CODE Detached Signs in OI District Ground Low Profile Business Signs User # of Signs Height Display Area Business/Institutional Sign 1 5’ 24 sq. ft. Governmental Unit 1 per frontage 8’ 120 sq. ft. Note: EMCs are allowed for both types of signs; however, EMCs on signs owned by governmental units are limited to 40 square feet in size. Electronic Message Centers EMC Maximum Display Area Table Sign Display Area (square feet) EMC Display 0-24 50% 25-64 45% 65-80 40% • May not be located within 50 feet of a street intersection. • May not be located within 125 feet of a residential district. • Use of EMCs within 500 feet of single-family residential homes shall be limited to the hours between 6:00 a.m. and 10:00 p.m. Note: This is a partial list of standards. Additional provisions govern brightness, glare, distracting images, and other similar issues that can arise with the use of EMCs. ANALYSIS The City Code states that sign variances may only be granted if “it is shown that by reason of topography or other conditions, strict compliance with the requirements of this article would cause hardship; provided that the variance may be granted only if the variance does not adversely affect the spirit or intent of this article.” In this case, the site is flat with good visibility from W. 78th Street Chanhassen Planning Commission Variance for Sign at 306 W. 78th Street February 18, 2020 Page 5 so topography cannot be used to justify granting a variance; however, the city could find that Chapel Hill Academy’s institutional nature creates a need for flexible advertising space beyond what is permitted by the ordinance that constitutes “other conditions” creating a hardship. As was noted earlier in the report, the OI district does allow governmental entities to erect ground low profile signs that are up to 8 feet high with a maximum sign display area of 120 square feet, 40 square feet of which can be an EMC. While Chapel Hill Academy, as a private entity, is not entitled to this larger category of signage, its large number of activities throughout the year and the facility’s use by multiple entities gives it a use profile similar to that of a public building. This need to inform people about the time and location of various activities throughout the week necessitates some form of changeable signage and the applicant has stated that the existing 9.5 square feet of display area does not allow them to effectively convey this information. Staff believes that the requested 35.33 square feet of display area, 16 square feet of which will be an EMC, represents a good faith effort by the applicant to request the minimum variance needed to remedy their hardship. The requested increase in sign height stems from the prefabricated nature of EMC displays. The applicant has stated that the 16 square foot EMC would come in an 8-foot by 2-foot panel and its 10-inch increase in height over the existing EMC required them to request a 1-foot height variance. While the city could require the applicant to reduce the height of the static display portion of the sign, bringing it into compliance with the ordinance would leave the applicant with only a 17-inch high cabinet to display their name and logo. This alteration would also require the applicant to request a 14.26 percent variance from the city’s maximum EMC display area ratio, as the EMC would then be 59.26 percent of the sign’s display area. Staff believes that maintaining the intended ratio between static and EMC display area on ground low profile signs and allowing the applicant adequate static display area is of greater importance than preventing a relatively minor increase in sign height. It should be noted that the applicant’s proposal does slightly exceed the permitted EMC display area ratio with the EMC being 45.28 percent of the sign’s display area. Given the standardized size of EMC displays, the applicant would have to significantly reduce the size of the EMC display to bring the sign under the City Code’s 45 percent limit. Staff does not believe that .28 percent or .11 square feet of display area represents a substantive departure from city standards. In addition to satisfying the hardship requirement, the city must also find that the applicant’s proposal does not adversely affect the spirt or intent of the city’s sign ordinance. The OI district’s limits on ground low profile sign height and display area was intended to prevent the placement of large commercial or advertising signs within a zoning district that is often located near residential uses. The location and orientation of Chapel Hill Academy’s sign means that it is not visible from Chanhassen Planning Commission Variance for Sign at 306 W. 78th Street February 18, 2020 Page 6 any of the nearby residential properties and the site’s location at the edge of the CBD means that commercial scale signage is already present in the area. Additionally, the OI district allows signs owned by government entities within this district to exceed the limits imposed on private signs in an acknowledgement that some institutional uses would require larger signage. While there are good reasons not to allow all institutional uses with the OI district signage on this scale, Chapel Hill Academy’s use as a private school is a unique one that has similar signage requirements to a public school. For this reason, staff believes granting a variance for a modest increase in sign display area and height would not be inconsistent with the intent of the ordinance. Finally, the sign ordinance is intended to ensure that signs do not create safety hazards. To date there have been no issues with the existing sign. Since the proposed sign will be in the same location and given the scale of the proposed height and size increase, there are no safety concerns associated with the requested variance. SUMMARY The proposed monument sign would require a 1 foot height variance and 11.33 square foot display area variance. While the proposed sign is larger than what the ordinance allows, the unique nature of the applicant’s use requires a larger EMC component than would ordinarily be allowed. The proposed variance is the minimum required to provide an adequate EMC display area, and is not a significant departure from the ordinance’s standards. The proposed sign does not pose a safety risk. For these reasons staff is recommending that the Planning Commission recommend the City Council approve the requested sign variance. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the variance request to allow a 6-foot-high ground low profile sign with 35.33 square feet of total display area of which 16 square feet may be an electronic message center, subject to the Conditions of Approval and adopts the attached Findings of Fact and Decision: 1. The applicant must apply for and receive a sign permit from the city. 2. The Electronic Message Center (EMC) must comply with the city’s Electronic Message Center Standards, save that it may have an EMC Display percentage of 45.29 percent. 3. The ground low profile sign must meet the city’s design standards. 4. The ground low profile sign shall be located in the same position as the existing monument sign. Chanhassen Planning Commission Variance for Sign at 306 W. 78th Street February 18, 2020 Page 7 Should the Planning Commission recommend denial of the variance request, it is recommended that the Planning Commission adopt the following motion and attached Findings of Fact and Decision: “The Chanhassen Planning Commission recommends denial of the variance request to allow a 6- foot-high ground low profile sign with 35.33 square feet of total display area of which 16 square feet may be an electronic message center, and adopts the attached Findings of Fact and Decision. ATTACHMENTS 1. Findings of Fact and Decision Approval 2. Findings of Fact and Decision Denial 3. Development Review Application 4. Affidavit of Mailing of Public Hearing Notice 5. Variance 6. Exhibit A G:\PLAN\2020 Planning Cases\20-03 Chapel Hill 306 W. 78th Street Sign Variance\Staff Report Chapel Hill_PC.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVED) IN RE: Application of Ben James on behalf of Chapel Hill Academy for sign variance to allow a 6-foot high ground low profile sign with 35.33 square feet of sign display area, 16 square feet of which will be an electronic message center(EMC). On February 18, 2020,the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed sign variance preceded by published and mailed notice. The Planning Commission makes the following: FINDINGS OF FACT 1. The property is currently zoned Office Institutional Distract(01). 2. The property is guided by the Land Use Plan for Public Semi Public. 3. The legal description of the property is provided in Exhibit A. 4. Sign Variance Findings: a. The City Council,upon the recommendation of the Planning Commission,may grant a variance from the requirement of this ordinance where it is shown that by reason of topography or other conditions,strict compliance with the requirements of this ordinance would cause a hardship; provided that a variance may be granted only if the variance does not adversely affect the spirit or intent of this ordinance. Finding: As a private school, Chapel Hill Academy is a unique use within the community with a use profile similar to that of a public building. The frequent number of after school events, meetings, and weekend uses creates a need for a larger EMC than would ordinarily be permitted by City Code. Given this, requiring Chapel Hill Academy to meet the sign standards intended for other private institutional uses within the district would create a hardship. The City Code makes provisions for larger signage within the Office Institutional District for public uses, and Chapel Hill Academy's requested sign variance is significantly below this threshold. Since larger signs are already permitted in the area and the proposed sign will not pose a safety risk, the requested variance does not adversely affect the spirit or intent of the ordinance. 1 5. The planning report, Planning Case #20-03 dated February 18, 2020, prepared by MacKenzie Young-Walters, is incorporated herein. RECOMMENDATION The Planning Commission recommends approval of the variance request to allow a 6-foot-high ground low profile sign with 35.33 square feet of total display area of which 16 square feet may be an electronic message center, and recommends the sign variance be subject to the following conditions: 1. The applicant must apply for and receive a sign permit from the city. 2. The Electronic Message Center(EMC) must comply with the city's Electronic Message Center Standards, save that it may have an EMC Display percentage of 45.29 percent. 3. The ground low profile sign must meet the city's design standards. 4. The ground low profile sign shall be located in the same position as the existing monument sign. ADOPTED by the Chanhassen Planning Commission this 18`h day of February, 2020. CITY OF CHA HASSEN BY:A A, eve Weick, Ch.".. an 2 EXHIBIT A" LEGAL DESCRIPTION The following described real property located in the County of Carver. and State of Minnesota That part of the undesignated parcel as shown on the recorded plat of Si.Hubertus and that part of vacated Chan View formerly known as St.Clare Street as dedicated in said plat of St.Hubertus in the Southwest Quarter(tithe Southeast Quarter of Section 12.Township 116,Range 23.Carver County,Minnesota described as follows. Beginning at the intersection of the north lint of the South 33.00 feet of said Southwest Quarter of the Southeast Quarter and the east Zine of the West 33.00 feet of said Southwest Quarter of the Southeast Quarter;thence easterly along said north line of the South 33.00 feet to the west right of way line of Frontier Trail,formerly known as St.Francis Street as dedicated in said plat of St.Hubertus:thence northerly along said west right of way line to the south right of way line of vacated Chan View, formerly known as St.Clare Street as dedicated in said plat of St.Hubertus;thence westerly along said south right of way line a distance of 100.00 feet;thence northerly along a line perpendicular to said south right of way line a distance of 33.00 Leet to the centerline of said vacated Chan View; thence westerly along the centerline of said Chan View to the east line of the West 33.00 feet of said Southwest Quarter of the Southeast Quarter;thence southerly along said east line of said West 33,00 feet to the point of beginning. EXCEPT the parcel described as follows: Commencing at the southwest corner of Block I,St.I lubertus,as monumented by a 6 inch by 6 inch stone(marked Block Corner);thence westerly along the westerly extension of the south line of said Block 1,as monumented by 6 inch by 6 inch stones,to the point of intersection with the west right of way line of Frontier Trail,formerly known as St.Francis Street as dedicated in said plat of St.Hubertus.said intersection point being a point that is 28.28 feet north of the south line of the Southwest Quarter of the Southeast Quarter of Section 12,as n.easured at a right angle to said south line front a point on said south line distant 482.57 feet east of the southwest corner of the Southwest Quarter of the Southeast Quarter of Section 12;thence northerly along said west right of way line a distance of 367 00 feet to the point of beginning of the parcel to be described;thence westerly along a line perpendicular to said west right of way line a distance of 100.00 feet: thence northerly parallel to said west right of way line a distance of 99.17 feet to the south right of way line of vacated Chan View formerly known as St.Clare Street as dedicated in said plat of Si. Hubertus; thence easterly along said south right of way line of Frontier Trail; thence southerly along said west right of way line to the point of beginning. 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENIED) IN RE: Application of Ben James on behalf of Chapel Hill Academy for sign variance to allow for a 6-foot high ground low profile sign with 35.33 square feet of sign display area, 16 square feet of which will be an electronic message center (EMC). On February 18, 2020, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed sign variance preceded by published and mailed notice, and recommended approval. On March 9, 2020, the Chanhassen City Council met at its regularly scheduled meeting to consider the proposed sign variance and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Office Institutional Distract (OI). 2. The property is guided by the Land Use Plan for Public Semi Public. 3. The legal description of the property is described in Exhibit A. 4. Sign Variance Findings: a. The City Council, upon the recommendation of the Planning Commission, may grant a variance from the requirement of this ordinance where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this ordinance would cause a hardship; provided that a variance may be granted only if the variance does not adversely affect the spirit or intent of this ordinance. Finding: The site is flat and there are no conditions on site that would create a hardship. The site currently has a sign and EMC that meets the requirements of City Code and provides them with the same height, display area, and EMC capacity as any other private institutional use in the city. Granting a variance to increase the sign’s size would not be in line with the ordinances intent of limiting the size of ground low profile signs and their associated EMC within the Office Institutional District. 5. The planning report, Planning Case #20-03 dated February 18, 2020, prepared by MacKenzie Young-Walters, is incorporated herein. 2 RECOMMENDATION The City Council denies the variance request to allow a 6-foot-high ground low profile sign with 35.33 square feet of total display area of which 16 square feet may be an electronic message center. ADOPTED by the Chanhassen City Council this 9th day of March, 2020. CITY OF CHANHASSEN BY: ___________________________________ COI UN]TY DEVELOPHENT DEPART ENT Planning Division - 7700 Market Boulevard Mailing Address - P-O. 8ox 147, Chanhassen, MN 55317 Phonet (952) 227-1300 lFax: (952\ 227-1,110 *cnYotculr{rrAssru APPLICATION FOR DEVELOPME REVIEW S$.nitlel Dele: I Lo rc Date:L CC Dare:z0 (Rerat lo lhe qprwido Apdkdb Ched<ld lq rcqutod elb/7,t4al hr'o|lmdtot l'r,af nus! @oryany thkt @pfr@tbn) E qomprehensive Plan Amendment......................... $600E Minor MUSA line for faiting on-site sewers..... $1OO E SubdMsion (SUB) D Create 3 lots or less E Creats ov6r 3 lots..-. .....$300 5 per lotE Conditional Use Permit (CUP) E Single-Family Residance .E ell otters......... ...............$600 + $1 $32s $425 tr D ( lots) Metes & Bounds (2 lots)..................................$300 Consolidate Lots . . .... ... ......... . 6l s0 E lnterim Use Permit (lUP) E ln conjunction with 6ingte-Famity ResU€nce.. $32SLl AllOhers......... ............ .... $42 s trtr Lot Line Adjustment..$rs0 Final P|at........................ s700 E Razoning (REZ) (lncludes S4"5O escrow for attorney costs). 'Addlio.ul ssclorv msy ba .Bqlitrd tur o0|€ applcalio€ lhough I|. dardop.norf contraat E Vacation of Easomsnts/Righr-of{ray (VAC)........ $30O( ddfiio.El r!co.dh0 ft.s fttay 4dy) ! Vadance ryan)....................................................0200 trtrtr Planned Unit Development (PUD).... Minor Amendment t. *l"ti"s pUb .........,,..,.. $7s0 $100 $s00All Others E Sign ptan Review................................................... Sl SO ! W€tland Alteratjon Permittr (wAP) E Site Plan Review ( f| Adminisratue SPR)Single Family Residence .. $150 ..s275...... $ 100 All Others...... ! Commsrciaulndustial Districts....................... $SOO Plus $10 p€r 1,000 square feet ot building area:( lhousand square fe€t) 'kEfrde ,rrnber olglghg crnpbt!6: _ E Zoning App€al. -................... $tOO E Zoning Ordinanc€ Arnendment (ZOA)....-........... S5OO IIQIE: Wh.i lrrllthh ?plc.ttoo. -. Foc....d cor.urrq y,Itr .ppF9.h.lb. drdl b. .fi.r!.d tor..cfi +patc.doo. 'lrrctie number of @ly omployees D Residenthl Disldcts ..........$500 Pk s $5 per (hvslling unit ( units) ft f.fainca$on Siqn (ciry to instet dro r€mo,r)$200 EI Property Owners' List within 5OO' (O'ty !o g.i.r.tG !ff.r pr6-.pcIc.tbn nEdhg)$3 per address d Escrow for Recording Documents (check a lhatE Conditional Use Permit E Vacation E Metes & Bounds Subdivision (3 docs.) !!![ addresses) applv).......................... E- tnterim Use Permit EF variance tr $50 per document Site Plan Agreement I Easements (_ easements) tr!Wetland Alteration Permit Deeds L,ooTOTAL FEE: Doscription of Proposal: Prop€rty Address or Location:9oc.vJ. za>(\pn-f Parcel #:1505 ro Legal Descriptlon: Wellands Prasent? E Ves E HoTotal Acreage: P16sent Zoning . Select One Rsquastad Zoning . Select One Present Land Use Desig nation. Select One Requested Land Use Designation . Sol8ct One Existing Use of Property: Ecnecf Oox tt separate narrative is attached. a Section 1: Application Type (check alt that apply) Section 2: Required lnformataon s 60-Day Review Dale:,I erty Owner and Applicant InformatiorSection 3: Prop APPLICANT OTHER THAN PROPERTY OWNER: ln signing lhis appllcation, l, as applicsnl' represent to have obtainod authorization from th" prop.rty o*,n* io ife itris apptication. iagree i6 Oe OounO by conditions.of apptoval, subiect only to ir," ,ight to ouj""t "t ttri rriarings on'ine application or ouAng thi appeat perlod. tf.thi: "tp]i1T,1l"-t-not b€€n shnod bv il; ;#rty ffi;;, r nare atritreo separaie documenutb; d tull-li:gal capacity to file lhe applicatlon. This.application should be procsss6O tn my name andi", th" p"rty *tro, the City should contact rogarding any mattor perlaining to this ;;;x;td": i witr reep mysett inlomeo of ths d'eaoiines for submiision of mata]ial and tho progress of this appllcatlon' I iiir,"ir"o..t""a tfrjt a6omnaf fees maioe ctrarged tor consulting fees, feasibility studiss, etc. with 8n estimato prior to "ii ,-rrttirilti""i" pro"""o mr, ur" "rroi. r""rtdtt"ttt" infomalbn and exhibits 6ubmttted are true and conect' oD vue t&v 7 Pgfit,{{Contact:6N dft11Name: ?lbo 6kL ti i1 ZO PlttfiB: Csll: Fari Date qi 2 - 3oo- o/{f /-2/-20Signature: PROPERTY ER:ln signing lhis applicatlon, I , as propsrty ownor, have full leg at copaclty to, and hereby do' authorize the filing oflhis applicadon. I understand thal conditions of approval are binding and agrse to be bound bY lhose conditions, subject only to the rig ht to object at the headngs or during the app€al Periods.I will ksep mysef intormod of the deadlines for subm ission of material and the progress of thls application. I further understand that additional feos maY b€ charged for consultirE feos, feasibility studlss, etc. with an estimale prior to any sutholizallon to procssd with the study. lcertify the information and ixhibits submitted are true and coneci. -) Name A5&1 ?-t-Contact . P]r,ne q.<t-q4q-?b/ { ev. /ob Cell: Address: City/Statezip:/ Email:Fax; Date I -)t ) Signature: Contacl: Phone: @ll: Fax: Who should rocelvs coploa of 3tafi reports?'Other Contacl lnformetlon: Namg: Addrsss:#ropery EIlAppticantE Engineer D ouer owner via: {EYratt E Ma: El€mail E Vra: D Email Tl Mailed Paper CoPy Mailed Paper CoPy Mailed Paper CoPY citylstalezip: Email:via: El Email E Maihd PaPer coPY aoolication shall bs made within 15 business days of application submittal- A siliiG mairea to the applicsnt wihin 't5 business days of application'A determination of complstenoss of the ffitten notice of aPdication defici€ncies iredUinformationreq byplansallbetu[mand ust byaccompani€dstmuThisapdication thetorefaronicati appropriatefithisBeforeingapplrsronsOrdinanceprovCityapplicableandordinanc€proceduraltheapplicablsdeterminetospecificDepartmentnningand confer with the Pla roqulrements and ,ees. INSTR UCTIONS TO APP LICANT : Complets allnecessary form ffelds, to city along with ]equired documents thsn solect SAVE FORM to sav6 a copy to your and pafnent. SUBMIf FORM to sond a digital device.and deliver SAVE FORTT SUBMIT FORYcopy to the city for Processing Address: Clty/Statezlp: c ll *tJ tk+g ({'p ,t4 ,v iS3 I 7 emait b.rrQ blu-[abl creol' vu . zn". PROJE6 ENGINEER (if aPpli6ble) Nam€: Addrass: CityEtateZiP: Emall: and ChecklistApdicalion Section 4: Notification lnformation PRINT FORU CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ( ss. COUNTYOFCARVER ) I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on February 6,2020, the duly qualified and acting Deputy Clerk ofthe City ofChanhassen, Minnesota; that on said date she caused to be mailed a copy ofthe attached notice of Public hearing to consider sign variences for the existing monument sign located at 306 W. 78tb Street (Chapel Hilt); Zoned Ofiice Institutionat District (OI), Planning Case File No. 2020- 03 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, Carver County, Minnesota, and by other appropriate records. vw( Subscribed and thisL6 day o to before me f L 2020. (Seal) 4v\Notary Public -T rt*t retrtt!.ea MihryPtdo.illrt$ Subject Area DbcldnBt ThE map is neitmr a bgally Ecorded n€p nor a girvey and i8 not anGnded lo b€ used as one. Thls riap is a compihtion of recads. info.matioo and data located in vafuus cjty. county, state arld fodeaal ofices and other sources rcoading the area shown, and is lo be used br relbEnce puDooes only The City does nol $anait that the Geooraphic lniofination syslem (Gls) Data used to Fepare thas map are enor free, a.tr lhe city does not rep.esent that the GIS Oata can be us€d for navroatonal, faal(ing or any other purpos€ requirino exacbng measuEmenl of distance or diredion or precjsion in lhe dedction of Oeographic feat,re3- The p,eceding disalaamer it Povided puEuant to Minne.ota St.Me€ S,t66.03. Subd. 21 (2000), .nd the us$ of this map actnowledges that the City shall not be liaue fo( any alama06. and expre3sly waives all daims, and agrees to (bl€nd, indernn y, and hold hamless the City from any and alldaims brcught by Uier. ils employees or agenls. or thid panies whiah aise out of the use/s acc6s or use ot clata provided. <TAX_NAMET ITAX_ADD_L1> (TAX ADD L2) Subiect Aaea Dlcl.lmer This map is neither a leoally recorded mep nor a sudey and is nol intended to be used as ona. This map is a compilaton of records. anfo.rnato.r and data located in vadoirs crty. county, sble and tede6l olrces and other sources reg6rding th€ aree shown. and is lo be used br rebrence purpos€s only. The Cily does r|ot warant lhat the Geooraphic lnfurmation System (GlS) Oata (l3ed to p.epare this map are enor free. and the City does nol aepaes€nt that trE GIS Oata can be used fo. naMgafDnal. t_acking o. any olher purpoGe requidng exactng meaauemgnt of dbtance or direclioi or preosron in the deliclion of geo06phic Gatures. The preceding aligdaimer is provid€d puGuant to Manneroia Sletles S,t66.03, Subd. 21 (2000), and the user of this map aclnorvledgtss Slat the City shall not be liaue ,or any damag€s, and expre'$ly waives all daim3, and aorees to debnd, indemnify, and hold hamless the cily from any and all claims b.orrght by User, ib employ€es or agents. or f\id panbs vrhicfi aise out ol ihe user's acc*s or use of data p@vided. 1 t t t \ iail: i I Ii "i JI I I l i I i-r ,trt; .I rNext RecordrITAX_NAMET ITAX_ADD_Llr ITAX_ADD_L2r, j i-l I t I I .:EA !\ iii::I J n "r . t_l al,: ir, ! E _a F E ci,o9t- ooNoN ao -(g f -o o) LL joE ofF p o E I a; ,E ,E -q o2!0 o o =ooF. 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(n..1 o N O O O rn O.! -r O.{.n o o o.\r o <t o o !t o o o o o o o o o o o \o o o o o Qa\r o o o a{ o.{ <l o.\r <t o <) (, o o o o rn (l o m o (n o F or.r rn rn rn r-{ (n .{ @ ra t-r 6 rn I/) rn rn rn rn tn o o vt !.1 vl !.1 ul()orno fyl m m o (n o.\r (n 0 (\r o o o o o o o (o ro o o o o rYt a.r oul l,r rn r^ rn ra rn .n rn .a u) r^ rn r/) r/r rn vt rn vl v) vl ra ul .n Lr) rn r^.!.{ N'{'{'{'{ N N N N N N N'{'{ N N N N N N N'TI'{'! N 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 2020-03 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen City Council approves the variance request to allow a 6-foot high ground low profile sign with 35.33 square feet of total display area of which 16 square feet may be an Electronic Message Center (EMC). 2. Property. The variance is for properties situated in the City of Chanhassen, Carver County, Minnesota, and legally described in Exhibit A. 3. Condition. The variance approval is subject to the following conditions: 1. The applicant must apply for and receive a sign permit from the city. 2. The EMC must comply with the city’s Electronic Message Center Standards, save that it may have an EMC Display percentage of 45.29 percent. 3. The ground low profile sign must meet the city’s design standards. 4. The ground low profile sign shall be located in the same position as the existing monument sign. 4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: March 9, 2020 2 CITY OF CHANHASSEN BY: (SEAL) Elise Ryan, Mayor AND: Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2020 by Elise Ryan, Mayor, and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject Approve Memorandum of Understanding between City of Chaska, City of Chanhassen and Carver Trails Group for Mountain Bike Trails Section CONSENT AGENDA Item No: D.4. Prepared By Todd Hoffman, Park and Recreation Director File No:  PROPOSED MOTION “The City Council adopts a Resolution to execute a Memorandum of Understanding between the City of Chaska, City of Chanhassen, and Carver Trails regarding the operation of a mountain bike trail on city right­of­way.” Approval requires a Simple Majority Vote of members present. SUMMARY City Council approval is being requested to enter into a three­way Memorandum Of Understanding between the City of Chaska, City of Chanhassen, and the Carver Trails Group to create off­road, single­track, multi­use trails within right­of­way (ROW) property along Highway 212 across from Pioneer Ridge Middle School (see Attachment 1). This property/project site has three landowners which includes the City of Chaska, City of Chanhassen, and MnDOT. The City of Chaska will hold a Limited Use Permit with MnDOT authorizing the operation of the trail. The Chaska City Council at their April 15, 2019 meeting adopted Resolution 2019­38 approving the City of Chaska to obtain a limited use permit from MnDOT for such trails on their property. MnDOT LUP #1017­0037 was approved by MnDOT’s Commissioner of Transportation on August 19, 2019 and issued to the City of Chaska with an expiration of May 1, 2029 that includes an option to renew. The City of Chaska obtained the necessary work permit from MnDOT (#US­19­87912) on October 9, 2019 for the Carver Trails Group to build the trails on their property. Carver County owns some of the ROW property on this project site within the City of Chanhassen and is conveying such real property to the City of Chanhassen (see separate agreement on tonight's consent agenda).  Carver County also owns property on this project site within the City of Chaska and is conveying such real property to the City of Chaska. The City of Chaska has already approved this land conveyance and the three­way Memorandum of Understanding. The Carver Trails Group, a local non­profit group, will manage volunteers to build and maintain such trails utilizing established sustainability and best practices defined by the International Mountain Biking Association. BACKGROUND CITY COUNCIL STAFF REPORTMonday, March 9, 2020SubjectApprove Memorandum of Understanding between City of Chaska, City of Chanhassen andCarver Trails Group for Mountain Bike TrailsSectionCONSENT AGENDA Item No: D.4.Prepared By Todd Hoffman, Park and RecreationDirector File No: PROPOSED MOTION“The City Council adopts a Resolution to execute a Memorandum of Understanding between the City of Chaska,City of Chanhassen, and Carver Trails regarding the operation of a mountain bike trail on city right­of­way.”Approval requires a Simple Majority Vote of members present.SUMMARYCity Council approval is being requested to enter into a three­way Memorandum Of Understanding between the Cityof Chaska, City of Chanhassen, and the Carver Trails Group to create off­road, single­track, multi­use trails withinright­of­way (ROW) property along Highway 212 across from Pioneer Ridge Middle School (see Attachment 1).This property/project site has three landowners which includes the City of Chaska, City of Chanhassen, and MnDOT.The City of Chaska will hold a Limited Use Permit with MnDOT authorizing the operation of the trail.The Chaska City Council at their April 15, 2019 meeting adopted Resolution 2019­38 approving the City of Chaskato obtain a limited use permit from MnDOT for such trails on their property. MnDOT LUP #1017­0037 wasapproved by MnDOT’s Commissioner of Transportation on August 19, 2019 and issued to the City of Chaska withan expiration of May 1, 2029 that includes an option to renew. The City of Chaska obtained the necessary workpermit from MnDOT (#US­19­87912) on October 9, 2019 for the Carver Trails Group to build the trails on theirproperty.Carver County owns some of the ROW property on this project site within the City of Chanhassen and is conveyingsuch real property to the City of Chanhassen (see separate agreement on tonight's consent agenda). Carver County also owns property on this project site within the City of Chaska and is conveying such real propertyto the City of Chaska. The City of Chaska has already approved this land conveyance and the three­wayMemorandum of Understanding.The Carver Trails Group, a local non­profit group, will manage volunteers to build and maintain such trails utilizingestablished sustainability and best practices defined by the International Mountain Biking Association. BACKGROUND Tim Vossberg, who lives in Chaska and helps coach the Chaska/Chanhassen Mountain Bike Club Team, contacted the city in early 2018 about building local off­road trails for the safety and benefit of both the club team and the public. Tim shared his extensive experience and passion in mountain biking that includes past involvement on the Minnesota Off­Road Cyclist’s (MORC) board which is a non­profit volunteer organization that promotes responsible riding and has worked with many metro cities to establish and maintain mountain biking trails. Tim informed city staff that he had contacted MnDOT regarding right­of­way land along Highway 212 and learned that a Limited Use Permit (LUP) can be obtained to build mountain bike trails; however, MnDOT requires a governmental agency to obtain such LUP. Tim, along with other coaches, had presented their request to the Carver County Park Board and it was determined by their board that either Chanhassen or Chaska become the planning authority. Tim’s group then presented to Chanhassen’s Park Board of which they were in support of the project but determined that Chaska should obtain the LUP given the majority of proposed trails and the primary trail entrance will fall within the City of Chaska limits. Shortly thereafter, the City of Chaska was informed by MnDOT that some of the right­of­way area that was being requested in the LUP had been turned over to Carver County. This new information required the City of Chaska to obtain a LUP from Carver County to utilize their right­of­way as part of this project, thus the need for two (2) resolutions to support two (2) LUPs. While working with Carver County to obtain such LUP, the county determined it was in their best interest to convey the property they owned within the project site to the respective cities of Chaska and Chanhassen for such property located within each city’s limits. The Carver County Board of Commissioners approved county staff’s recommendation to convey the property to the cities, of which respective city staff and attorneys worked with Carver County’s staff and attorney to develop the necessary agreements for approval. The proposed site for the trails is predominately prairie grass with rolling hills and minimal trees making it beginner friendly. It is estimated that approximately three to four miles of trails can be built which will provide a great practice facility for the Chaska/Chanhassen Area Mountain Bike Club Team. Mountain biking is a growing activity as evidenced by the 100+ kids participating on the club team this past season. Additionally, Carver County recently helped the 112 School District obtain a fleet of 40 mountain bikes through a grant, thus this site will provide PE teachers an option for their students to ride on off­road trails. Lastly, the trails will be available for the general public to enjoy. The trails will be multi­use nature trails that can also be used for running/hiking, along with snow shoeing and fat tire biking in the winter. DISCUSSION This project is community driven and is supported by Eastern Carver County Schools, Carver County, MnDOT, the cities of Chaska and Chanhassen, and Carver Trails. The City of Chaska and Carver Trails will manage the project. The City of Chanhassen is a partner by allowing the trails to be located on ROW being transferred from Carver County to the City of Chanhassen. RECOMMENDATION “The City Council adopts a resolution to execute a Memorandum of Understanding between the City of Chaska, City of Chanhassen, and Carver Trails regarding the operation of a mountain bike trail on city right­of­way.” ATTACHMENTS: 1. Three­Way Memorandum of Understanding 2. Volunteer Release and Waiver Form MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CHASKA, CITY OF CHANHASSEN AND CARVER TRAILS – PERMIT TO CONSTRUCT SINGLE TRACK MOUNTAIN BIKE TRAILS ON MNDOT PROPERTY AS OUTLINED IN THE LIMITED USE PERMIT AND CITY OF CHANHASSEN PROPERTY THIS PERMIT is made this ____ day of ____________, 2019 by the CITY OF CHASKA and CITY OF CHANHASSEN, Carver County, Minnesota (“Cities”), and conveyed to the entity known as Carver Trails a non-profit corporation. PERMIT CONDITIONS The Cities hereby authorize Carver Trails to construct single--track mountain biking trail(s) upon MnDOT and City of Chanhassen right-of-way property located south of Pioneer Trail and East and West of Audubon Rd., near Pioneer Ridge Middle School as shown in Exhibit A - further referred herein as the “Trail”. Pursuant to such approvals the following conditions are required and applied to this Permit: 1. Carver Trails shall install and complete the Phase 1 section 1 Trails as shown not later than one year from “clear to build” date. All Trails shall be installed following the established sustainability and other best practices as defined by the International Mountain Biking Association (IMBA) and any additional provisions outlined in this Permit. Carver Trails shall certify and warrant in writing to the Cities that the Trail is completed to such standard prior to any official opening or use. Phase 1 section 2 will be built after Phase 1 Section 1 is complete. 2. Carver Trails shall ensure that such trails constructed hereunder shall be open to the general public and acknowledges that such Trail shall be multi-purpose and not intended as sole or single purpose facility and shall accommodate reasonably compatible uses. 3. Carver Trails shall mark the Trail route and layout for inspection by the Cities prior to any construction taking place. Once trail layout is approved, and all necessary paperwork is signed, construction may commence. Carver Trails shall provide a construction staging plan. Construction must be staged in a methodology so as to ensure that any Trail segments are initiated and fully completed prior to the advancement of other construction. Construction volunteers shall park in the designated parking lot. 4. All workers for any installations shall be deemed volunteers and under the direct authority and control of Carver Trails. All workers shall be required to execute a waiver of liability to the Cities on forms provided by the Cities prior to engaging in any construction activities. Persons under the age of 18 must have such forms signed by their parents / legal guardian. 5. Carver Trails shall regularly monitor the Trail for the establishment or incidence of persons leaving the established Trail. Carver Trails shall be responsible to identify such actions and shall take necessary steps to prevent such actions. 6. Construction of the Trails will be accomplished with standard homeowner hand and motorized tools. Care to minimize impact to the surrounding area of the trail route, will be taken. No living trees or vegetation may be removed that exceeds 4” in diameter. 7. Carver Trails shall install appropriate signage to ensure all trail users are informed as to the operations, rules, risks and access points. Such signage plan shall include notices to all Trail users that the user acknowledges and assumes all risk. A signage plan shall be supplied to the Cities for review prior to any installations. Signage Plan shall be affixed hereto as Exhibit B. 8. Carver Trails shall in any formal promotional materials and on-site signage direct that parking for the Trail shall be at Pioneer Ridge Middle School (after school days and on non-school days such as Saturdays, Sundays and holidays) legal roadside or nearby lots so designated in Exhibit A. 9. The Trail shall close to all non-foot traffic at 9:30pm. Carver Trails shall ensure adequate signage at the Trailhead and conspicuous locations along the Trails advising users of Trail closing times. 10. Carver Trails shall be solely responsible for regular trail way maintenance including but not limited to: trail maintenance, erosion control, garbage removal, sign maintenance. Carver Trails shall also be responsible to close trail ways to activities that may cause tire- rutting or other trail damages when conditions warrant. 11. Carver Trails shall provide regular updates to the Cities Parks and Recreation Directors regarding the operations, issues and status of the trail systems. Carver Trails shall provide an annual written report to the Cities outlining the type of uses, successes, failures, problems, needs, future plans, etc. 12. Carver Trails may not hold any formal staged race events on this site. 13. Carver Trails shall provide a supplemental indemnification policy to the Cities with regard to any general liability for claims from intended trail use or trail maintenance causes of action or demands that might be brought against the Cities arising out of the uses authorized by this Agreement; and further, Carver Trails agrees to provide to the Cities evidence of insurance coverage of at least $1,000,000 of combined single limits covering claims that might be brought against them and/or the Cities that arise out of the uses authorized by this Agreement and to name the Cities as an additional insured party on their policy. This proof of insurance shall be provided to the Cities not later than April 1st of each year. 14. Failure on the part of Carver Trails to comply with any specific or general provisions of this Agreement may result in the revocation of this permit. The Cities will provide written notice to Carver Trails of any defects or known deficiencies which are brought to the attention of the Cities for which Carver Trails shall promptly address to the satisfaction of the Cities not later than twenty (20) days prior to any opening date and not later than April 1st of each year. 15. Carver Trails shall have the following responsibilities: ● Provide and supervise volunteers in the construction of approved technical features and alignment changes. ● Technical features and alignment changes must conform to IMBA guidelines and the Cities approved designs. ● Train and supervise volunteers in appropriate construction techniques in accordance with IMBA guidelines. ● Identify crew leader(s) and submit name, address and phone numbers to the Cities. ● Volunteers may use bikes in the on-site planning and testing of technical features prior to official trail opening. ● Provide volunteers to accomplish the regular inspection and maintenance of the trail. ● Perform routine inspection and maintenance activities. In the event that Carver Trails is unable to safely and promptly address an identified issue that may create an unsafe situation, a Carver Trails volunteer shall notify the Cities. ● Train and supervise volunteers in appropriate trail grooming and maintenance techniques in accordance with Carver Trails guidelines for summer and/or winter trail use. Winter grooming may involve a motorized groomer. ● Carver Trails shall report any suspicious activity to the Chaska City Police Department non-emergency, (952) 448-4200 or the Chanhassen City Police Department non-emergency, 952-227-1601 whichever has jurisdiction. ● During the course of any construction, inspection, maintenance, or grooming work, Carver Trails shall communicate with trail users regarding matters concerning uncooperative behaviors, unauthorized Trail use by any users or persons causing unsafe conditions on the Trail. If any such users do not suspend such activity or are uncooperative with the Carver Trails official, said user shall be removed from the Trail. If said user refuses to leave the Trail, said Trail official shall report same to the Chaska City Police Department or the Chanhassen City Police Department whichever has jurisdiction. ● Carver Trails shall display appropriate “Trail Etiquette Rules” in the form of signage at the trail head and other various locations along the trail as agreed upon by the Cities to provide notice to trail users as to expected and required behavior while using the trail. 16. Hold Harmless and Indemnification The Cities and Carver Trails agree that they will be responsible for their own acts and the results thereof and shall not be responsible for the acts of the other party and the results thereof. Each party, therefore, agrees that it will assume all risk and liability to itself, its agents or employees, for the injury to persons or property resulting in any manner from the conduct of its own operations and their accepted responsibilities found in this Permit. Under no circumstances shall a City party to this Memorandum of Understanding be liable for bodily injury or property damage that occurs on property in the other City party’s jurisdiction. The Cities do not provide any warranty or certification that this area is best suited for the planned uses by Carver Trails and Carver Trails accepts all associated risks. Carver Trails shall indemnify the Cities from any and all liabilities associated with the installation and general operation of the Trails by its volunteer workers, for mountain biking purposes authorized under this Permit as it is Carver Trails responsibility to ensure all trails are constructed and maintained to the defined standards for such uses. Authorized non-maintenance uses include mountain bikers, hikers, walkers, trail runners and snowshoers. Carver Trails is not responsible for alternative uses of such trail or other non- permit related elements or activities. 17. Under no circumstances shall any City Party to this Memorandum of Understanding be required to pay on behalf of itself and any other City Party subject to this Memorandum of Understanding, any amounts in excess of the limits of liability established by Minnesota Statutes, chapter 466, applicable to any one City Party. The limits of liability for some or all of the City Parties to this Memorandum of Understanding may not be added together to determine the maximum amount of liability for any City Party. The intent of this paragraph is to impose on each City Party a limited duty to defend and indemnify the other City Party for claims arising within the City Party’s jurisdiction subject to the limits of liability under Minnesota Statutes chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among City defendants, and to permit liability claims against multiple City defendants from a single occurrence to be defended by a single attorney. 18. Carver Trails shall have a written Emergency Operations Plan, that additionally shows extraction points and shall be affixed hereto as Exhibit C and shall be updated as needed. 19. The Cities make no warranty that the route selected by Carver Trails are in a condition that best suits this use. Carver Trails is obligated to address any conditions that it may deem unsafe for its riders and correct such deficiencies promptly. 20. The City of Chaska is required to obtain a Limited Use Permit (LUP) with the State of Minnesota, Department of Transportation (MnDOT) as a condition to utilize MnDOT’s land for the Trail, thus the City of Chaska and Carver Trails hereby agree that future amendments, deletions or additions to this MOU Agreement may be necessary in the future to coincide with LUP requirements or restrictions. Both parties agree to work together to make adjustments as necessary. This permit shall terminate at such time any of the following occur: 1. Carver Trails fails to maintain and/or operate such Trails as outlined in the Permit. 2. The MnDOT Limited Use Permit with the City of Chaska terminates or expires. 3. The Cities or Carver Trails may revoke or suspend this Permit at any time it deems necessary. This PERMIT does not create any expressed or inherent property rights to Carver Trails. Prior to any such revocation the Cities shall endeavor to provide reasonable notice of such closure, indicating to Carver Trails the reasons for closure. If applicable, the Cities will provide a timeline for reinstatement of the Permit and the necessary conditions. 4. The term of this Permit shall commence on the date that City of Chaska, City of Chanhassen and Carver Trails executes this Permit (“Effective Date”) and shall terminate on the date subject to the termination provisions provided above. PERMIT TERMS AND CONDITIONS ACCEPTED BY THE APPLICANTS City of Chaska ________________________________________ ______________________ City Administrator Matt Podhradsky Date City of Chaska ________________________________________ ______________________ Mayor Mark Windschitl Date City of Chanhassen ________________________________________ _______________________ City Manager Todd Gerhardt Date City of Chanhassen ________________________________________ _______________________ Mayor Elise Ryan Date Carver Trails ________________________________________ _______________________ President of Board Date Exhibit A – General Trail Layout Note: the proposed permit area identified in the legend is the area that Carver County is transferring to the City of Chanhassen. The remainder areas with trails are owned by MnDOT of which the City of Chaska will have a Limited Use Permit for such use. Exhibit B - SIGNAGE PLAN 1. Entry Portal Entry portal would be a visible start to the trail near the trailhead. While it is not shown, a simple and lockable hinged bar could be installed to alert the trail users that the trail is temporarily closed due to wet conditions, season changes or major maintenance. 2. Exit Portal If possible and the location warrants it, a second identical portal would be installed at the end of the trail close to the trailhead. A “WRONG WAY” sign would be mounted to the front of the portal to alert the trail users that it is the wrong entrance. 3. Trailhead Kiosk (Trail Summary and Map) A trailhead kiosk will be installed near to the start of the trail. The kiosk will have one or two sides, may or may not have a roof (Image included is to represent scale only). It will have a large printout of a map of the paved trails and single-track trails. An information board with rules and regulations for trail use may be installed This list will need to be reviewed and approved by the Parks Commission or City Staff before it is printed out and installed. Amended wording is included below the picture. Carver Trails shall install additional signage directing trail users to park in the designated areas as shown in Exhibit A. The Carver Trails contact information shall be prominently presented at the KIOSK with directions to contact them should there be any non-emergency or maintenance needs. List above amended to read the following (subject to modification and approval from the City of Chaska) - All trail users acknowledge and assume all risk. - Trails are open to mountain bikers, hikers, walkers, trail runners and snowshoers. - No horses nor any motorized vehicles allowed at any time. Motorized maintenance equipment is allowed. - Helmets are required for mountain bikers; eye protection is recommended for all users. - Natural trail features can be dangerous, and may change daily due to mature and use. - Watch for roots, rocks, logs, pot-holes, falling trees, branches, drop-offs, cliffs and other hidden dangers. - Always inspect trails/features before using and assess against your skill level. - Do not stop in the middle of the trail. Move quickly to the side to avoid collisions. - Yield to riders who are riding uphill. - Stay on trails and do not make shortcuts of any kind. - Announce your approach to other trail users. - NEVER RIDE IN THE RAIN, exit the trail as quickly and safely as possible. - NEVER RIDE WHEN TRAIL IS CLOSED. - In an emergency, dial 911 and proceed to the closest road. IMBA Trail Etiquette Tips will be reprinted exactly as shown above. 4. Trail Markers (1/4mi) Trail markers will be placed at 1/4mi intervals on the trail. These markers will show the trail user the direction in which they are travelling and the mileage they have covered. The markers will also have icons installed to remind users that biking and foot travel are welcome. The markers are standardly used around the country and work well in forest, prairie and mixed lands. They are made from a composite material which resist impacts and hold up well to all kinds of weather. Exhibit C – EMERGENCY OPERATIONS PLAN Emergency protocols for a single-track mountain bike trail with allowances for multi-use movement on foot are defined by accidents including falls resulting in hitting the ground or an obstruction like a rock or tree. Non-accidental medical emergencies resulting in participation of these types of sport can include but not be limited to cardiac incidents, dizziness or vertigo, shortness of breath, nausea or heat exhaustion. 1. Hawk’s Ridge is within 5 minutes of a regional hospital, Two Twelve Medical Center. 2. Hawk’s Ridge is well served with several paved road access points close to many sections of the trail. 3. An emergency incident on the trail will require the following method to be implemented for safe extraction from the trail within the park to transportation and medical attention. a. Since 911 and first responders are available, if the situation warrants it, 911 should be called immediately. b. If necessary, first aid needs to be administered including full assessment of the situation at hand to be prepared to inform the first responders when they arrive. c. If on the trail assess the closest road for an ambulance or emergency transport vehicle. d. Determine the shortest and safest route on the trail to the closest road (shown on the map). e. If the injured is capable of walking themselves, assist them down the trail, with or against the riding direction to the closest road. f. If the injured is not capable of walking themselves and needs to be extracted as soon as possible, the injured will have to be carried along the trail to the closest road and medical attention. g. Going off the trail and cutting through the field may be necessary to cut down on carrying time and distance. h. Off-trail emergency routes would be added if deemed necessary. VOLUNTEER RELEASE & WAIVER FORM Volunteer Name: Email: Phone: Address: □ Check here if Volunteer is under age 18 Parent/Guardian Email: (required if under 18) Emergency Contact Name: Relationship to Participant: Phone: ALL VOLUNTEERS MUST COMPLETE THE RELEASE AND WAIVER OF LIABILITY FORM PARENT/LEGAL GUARDIAN SIGNATURE IS REQUIRED IF VOLUNTEER IS UNDER AGE 18 CARVER TRAILS 7125 Northwood Court Chanhassen, MN 55317-5531 www.CarverTrails.org VOLUNTEER RELEASE AND WAIVER OF LIABILITY FORM This Release and Waiver of Liability (the “release”) executed by (Print Name of Volunteer) hereby releases the following Persons and Entities and otherwise agrees as follows: Persons and Entities Released: Carver Trails and any of their agents, representatives and officers; City of Chaska; Carver County; City of Chanhassen. The Volunteer desires to provide volunteer services and engage in activities related to serving as a volunteer to construct and/or maintain single track mountain bike trails as a representative of Carver Trails on land that is owned by City of Chanhassen and MnDOT and Carver County of whom the City of Chaska has obtained permits from to provide the public access to multi-use trails. The above-named volunteer hereby agrees as follows: 1. WAIVER AND RELEASE: I, the Volunteer, release and forever discharge and hold harmless the above listed entities from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from the services I provide. I understand and acknowledge that this Release discharges from any liability or claim that I may have with respect to bodily injury, personal injury, illness, death, or property damage that may result from the services I am voluntarily providing. 2. INSURANCE: Further, I understand that none of the above participating entities assumes any responsibility for or obligation to provide me with financial or other assistance, including but not limited to medical, health or disability benefits or insurance of any nature in the event of my injury, illness, death or damage to my property. I expressly waive any such claim for compensation or liability on the part of the participating entities. 3. MEDICAL TREATMENT: I hereby Release and forever discharge the participating entities from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with an emergency during my tenure as a volunteer. 4. ASSUMPTION OF RISKS: I understand that the services I provide include activities that may be hazardous to me including, but not limited to involving inherently dangerous activities. As a volunteer, I hereby expressly assume the risk of injury or harm from these activities and Release ALL participating entities from all liability for injury, illness, death, or property damage resulting from the services I provide as a volunteer. 5. PHOTOGRAPHIC RELEASE: I grant and convey to the volunteer organizers all right, title, and interests in any and all photographs, images, video, audio in connection with my providing volunteer services. 6. OTHER: As a volunteer, I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Minnesota and that this Release shall be governed by and interpreted in accordance with the laws of the State of Minnesota. I agree that in the event any clause or provision of this Release is deemed invalid, the enforceability of the remaining provisions of this Release shall not be affected. By signing below, I express my understanding and intent to enter into this Release and Waiver of Liability willingly and voluntarily. ____________________________________________________ _________ __________________________ Signature Age Date If volunteer is under the age of 18, a parent/guardian must read and sign this Release/Waiver of Liability. _____________________________________________________ __________________________ Parent or Guardian Date VOLUNTEER TERMS AND CONDITIONS ACCEPTED BY THE APPLICANTS City of Chaska ________________________________________ ______________________ City Administrator Matt Podhradsky Date City of Chaska ________________________________________ ______________________ Mayor Mark Windschitl Date City of Chanhassen ________________________________________ _______________________ City Manager Todd Gerhardt Date City of Chanhassen ________________________________________ _______________________ Mayor Elise Ryan Date Carver Trails ________________________________________ _______________________ President of Board Date CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject Agreement for Carver County Conveyance of Real Property Located Within City of Chanhassen for Public Use as Receational Trail for Off­Road Bikes Section CONSENT AGENDA Item No: D.5. Prepared By Tod Hoffman, Park and Recreation Director File No:  PROPOSED MOTION “The City Council Adopts a Resolution Approving the Agreement for Carver County Conveyance of Real Property Located Within City of Chanhassen for Public Use as Recreational Trail for Off­Road Bikes.” Approval requires a Simple Majority Vote of members present. SUMMARY Carver County is conveying real property to the City of Chanhassen as defined in the attached agreement as part of the mountain bike trail project located within right­of­way property along Highway 212 across from Pioneer Ridge Middle School. RECOMMENDATION “The City Council Adopts a Resolution Approving the Agreement for Carver County Conveyance of Real Property Located Within City of Chanhassen for Public Use as Recreational Trail for Off­Road Bikes.” ATTACHMENTS: Agreement Carver County Conveyance of Real Property Page 1 of 18 AGREEMENT FOR CARVER COUNTY CONVEYANCE OF REAL PROPERTY LOCATED WITHIN CITY OF CHANHASSEN FOR PUBLIC USE AS RECREATIONAL TRAIL FOR OFF-ROAD BIKES THIS AGREEMENT FOR CONVEYANCE OF REAL PROPERTY LOCATED WITHIN CITY OF CHANHASSEN FOR PUBLIC USE AS RECREATIONAL TRAIL FOR OFF-ROAD BIKES, (“Agreement”), is made and entered into as of , , 2019, by and between the County of Carver, a body politic and corporate organized and existing under the laws of the State of Minnesota (“County”) and the City of Chanhassen, a political subdivision organized and existing under the laws of the State of Minnesota (“Chanhassen”). The County and the Chanhassen are each sometimes referred to hereinafter as “Party,” and are both sometimes referred to hereinafter as “Parties.” RECITALS: WHEREAS, the County owns certain real property located within Chanhassen, Carver County, Minnesota legally described in Exhibit A, attached hereto and incorporated herein, (“Property”), and visually depicted in Exhibit B, attached hereto and incorporated herein. WHEREAS, Carver Trails is a non-profit organization of Carver County residents. WHEREAS, Carver Trails seeks to build, maintain and manage for public use a recreational trail for off-road bikes (“Trail”) along the north side of US Highway 212 in Chanhassen and in the City of Chaska, (“Chaska”), which will cross and include portions of the Property. WHEREAS, Carver Trails sought to receive permission from the County and from Chaska for the portions of the Trail that will be located within their respective jurisdictions. WHEREAS, Chanhassen entered a Memorandum of Understanding with Carver Trails and with Chaska regarding the construction of the Trail on Chanhassen property. WHEREAS, currently the County needs fifty-five (55) feet as measured from the centerline for each of the County’s highways bordering the Trail, CSAH 15 (Audubon Road) and CSAH 14 (Pioneer Trail). WHEREAS, in the future the County may need an additional ten (10) feet as measured from the centerline, resulting in a total of sixty-five (65) feet as measured from the centerline, for each of the aforementioned County’s highways. WHEREAS, the County needs a portion of its Property for drainage and utility purposes for the County’s highways located near the Property. Page 2 of 18 WHEREAS, to simplify Carver Trail’s process of obtaining permission for constructing, maintaining and managing the Trail, and to minimize liability for the County related to the Trail, the County wishes to convey a portion of its Property to Chanhassen (“Conveyance Property”) while reserving unto the County a perpetual easement for drainage and utility purposes over, under, and across the Conveyance Property and all iron ore and other valuable minerals in and upon the Conveyance Property, with the right to explore for, mine, and remove the iron ore and other valuable minerals, provided Chanhassen agrees to allow Carver Trails to build, maintain, and manage the Trail in Chanhassen, including portions of the Conveyance Property. NOW THEREFORE, in consideration of the mutual promises and covenants of each to the other Party as contained herein, and for other good and valuable consideration, receipt of which the Parties hereby acknowledge, the County and Chanhassen hereby covenant and agree as follows: AGREEMENT Section 1.01. Recitals. The Parties hereby adopt each of the recitals set forth above and incorporate said recitals herein. Section 1.02. County’s Rights and Obligation. (a) Upon execution of this Agreement, the County shall convey the Conveyance Property at no cost by Quit Claim Deed to Chanhassen for the public purpose of the Trail while reserving unto the County: (1) A permanent easement for drainage and utility purposes over, under, and across the area of the Conveyance Property, legally described in Exhibit C, attached hereto and incorporated herein, (“Easement Tract”), and visually depicted in Exhibit B, and according to the form and substance of the Permanent Drainage and Utility Easement attached hereto and incorporated herein as Exhibit D (“Easement”); and (2) Pursuant to Minnesota Statute § 373.01, Subd. 1(h), and as amended from time to time, all iron ore and other valuable minerals in and upon the Conveyance Property, with the right to explore for, mine and remove the iron ore and other valuable minerals in and upon the Conveyance Property (“Mineral Rights”). Section 1.03. Chanhassen’s Obligations. (a) Chanhassen shall permit Carver Trails to construct, maintain and manage the Trail within Chanhassen, including but not limited to over and across portions of the Conveyance Property that the County shall convey by Quit Claim Deed, according to the form and substance of Exhibit E, attached hereto and incorporated herein, (“QCD”) to Chanhassen for that purpose. Page 3 of 18 (b) Chanhassen shall convey any part of or all of the Conveyance Property back to the County at no cost by quit claim deed if Chanhassen fails to permit Carver Trails to construct, maintain and manage the Trail within Chanhassen, including but not limited to over and across portions of the Conveyance Property that the County conveys to Chanhassen for that purpose, upon receipt of a written request for said conveyance by the County. (c) Chanhassen shall convey title to, and ownership and possession of the Conveyance Property back to the County by Quit Claim Deed, at no cost to the County, if the County Board of Commissioners determines in its sole and reasonable discretion that the County needs that Conveyance Property for a public purpose. The conveyance governed by this paragraph shall cause the County to acquire an additional ten (10 ) feet of real property as measured from the centerline, which then shall total sixty-five (65) feet as measured from the centerline, of real property for each of the County’s highways bordering the Trail, CSAH 15 and CSAH 14. (d) Chanhassen shall not engage in or permit any other person or entity to engage in any activity or activities over, under, and across the Conveyance Property or Easement Tract that unreasonably interfere(s) with or that adversely impacts the purpose or purposes of said Easement. (e) Chanhassen hereby grants to the County the right of the County, its contractors, employees, agents, and consultants to enter onto the Conveyance Property for any purpose related to the purposes of the Easement. (f) Pursuant to the Memorandum of Understanding between Carver Trails and Chanhassen, Carver Trails shall maintain the Conveyance Property, excepting the Easement Tract, at Carver Trails’ sole cost and expense. Section 1.04. Appurtenant Easement and Reservation of Mineral Rights. The Easement and the Reservation of Mineral Rights shall be appurtenant, and shall run with the land. Section 1.05. Non-Assignability. Neither the County nor Chanhassen shall assign any interest in this Agreement nor shall transfer any interest in the same, whether by subcontract, assignment or novation, without the prior written consent of the other Party. Section 1.06. Alteration. 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 hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alteration, variation, modification or waiver of the provisions of the Agreement shall be valid only after it has been reduced to writing and duly signed by all Parties. Section 1.07. Waiver. The waiver of any of the rights and/or remedies arising under the Page 4 of 18 terms of this Agreement on any one occasion by any Party hereto shall not constitute a waiver of any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive. Section 1.08. Interpretation According to Minnesota Law. The Laws of the State Minnesota shall apply to this Agreement. Section 1.09. Headings. The headings to the various sections of this Agreement are included only for convenience of reference and are not intended, nor shall they be construed, to modify, define, limit, or expand the intent of the Parties as expressed in this Agreement. Section 1.10. Further Actions. The Parties agree to execute such further documents and take such further actions as may reasonably be required or expedient to carry out the provisions and intentions of this Agreement, or any agreement or document relating hereto or entered into in connection herewith. Section 1.11. Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of the Parties hereto and their permitted assigns, and nothing in this Agreement, express or implied, is intended to confer upon any other person any rights or remedies of any nature under or by reason of this Agreement. Section 1.12. Records Availability and Access. (a) County Contract Subject to Audit. Pursuant to Minnesota Statutes, § 16C.05, Subdivision 5, the County agrees that Chanhassen, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the County, and involve transactions relating to this Agreement. The County agrees to maintain these records for a period of six years from the date of termination of this Agreement. (b) Chanhassen Contract Subject to Audit. Pursuant to Minnesota Statutes, § 16C.05, Subdivision 5, Chanhassen 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, etc., which are pertinent to the accounting practices and procedures of the Chanhassen and involve transactions relating to this Agreement. Chanhassen agrees to maintain these records for a period of six years from the date of termination of this Agreement. Section 1.13. Data Practices. Each Party, its employees, agents, owners, partners, and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Page 5 of 18 Act, Minnesota Statutes, Chapter 13 and implementing regulations, if applicable, and all other applicable Federal and State laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended from time to time. Section 1.14. Nondiscrimination. During the performance of this Agreement, each Party 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 light 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. Section 1.15. Default. Default in this Agreement may occur when a Party 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. Unless the Party's default is excused in writing by the non-defaulting Party, the non-defaulting Party may, upon written notice to the defaulting Party representative listed herein, cancel this Agreement in its entirety. Section 1.16. Third Party. This Agreement does not create any rights, claims or benefits inuring to any person that is not a Party hereto nor create or establish any third Party beneficiary. IN TESTIMONY WHEREOF, the Parties hereto have caused these presents to be executed. COUNTY OF CARVER CITY OF CHANHASSEN _________________________ Randy Maluchnik, County Board Chair Elise Ryan, City of Chanhassen Mayor Date: _________________ Date: ____________________ _________________________ Dave Hemze, County Administrator Todd Gerhardt, City Manager Date: _________________ Date: [REST OF PAGE INTENTIONALLY LEFT BLANK] Page 6 of 18 EXHIBIT A Legal Description of Property The land conveyed from the State of Minnesota to Carver County per Document Numbers A671044 and T208466, recorded in the Carver County Recorder’s Office on December 5, 2018. [REST OF PAGE INTENTIONALLY LEFT BLANK] Page 7 of 18 EXHIBIT B Page 8 of 18 EXHIBIT C Legal Description of Portion of Parcel 58B and Parcel 58C and 58D That part of the Northeast Quarter of the Southeast Quarter of Section 27, Township 116 North, Range 23 West, being part of Parcel 58B, Parcel 58C, and Parcel 58D on Minnesota Department of Transportation Right of Way Plat No. 10-21, according to the recorded plat thereof, which lies southeasterly of a line drawn parallel with and distant 55 feet southeasterly of Centerline B. Centerline B: Commencing at the southwest corner of said Section 27; thence South 89 degrees 20 minutes 26 seconds East, assumed bearing, along the south line of said Section 27, a distance of 1073.33 feet to the centerline of CSAH No. 15; thence North 49 degrees 16 minutes 55 seconds East, along said centerline 1370.36 feet, thence northeasterly along said centerline 510.52 feet along a tangential curve, concave to the northwest, central angle of 21 degrees 06 minutes 05 seconds, radius 1386.19 feet to the point of beginning of Centerline B to be described, also being the centerline of CSAH No. 14; thence North 89 degrees 45 minutes 26 seconds East, along said centerline 455.86 feet; thence northeasterly along said centerline 742.54 feet along a tangential curve, concave to the northwest, central angle 46 degrees 24 minutes 32 seconds, radius 916.73 feet; thence North 43 degrees 20 minutes 54 seconds East, along said centerline 1577.88 feet and said line there terminating. Carver County reserving unto themselves a perpetual easement for drainage and utility purposes over, under, and across that part of the Northeast Quarter of the Southeast Quarter of Section 27, Township 116 North, Range 23 West, being part of Parcel 58B and Parcel 58C on Minnesota Department of Transportation Right of Way Plat No. 10-21, according to the recorded plat thereof, described as follows: Commencing at the southwest corner of said Section 27; thence South 89 degrees 20 minutes 26 seconds East, assumed bearing, along the south line of said Section 27, a distance of 1073.33 feet to the centerline of CSAH No. 15; thence North 49 degrees 16 minutes 55 seconds East, along said centerline 1370.36 feet, thence northeasterly along said centerline 510.52 feet along a tangential curve, concave to the northwest, central angle of 21 degrees 06 minutes 05 seconds, radius 1386.19 feet to the centerline of CSAH No. 14; thence North 89 degrees 45 minutes 26 seconds East, along said centerline 455.86 feet; thence northeasterly along said centerline 742.54 feet along a tangential curve, concave to the northwest, central angle 46 degrees 24 minutes 32 seconds, radius 916.73 feet; thence North 43 degrees 20 minutes 54 seconds East, along said centerline 843.97 feet to the point of beginning of the easement to be described; thence continuing North 43 degrees 20 minutes 54 seconds East, along said centerline 557.70 feet to the north line of said Northeast Quarter of the Southeast Quarter; thence South 46 degrees 39 Page 9 of 18 minutes 06 seconds East 158.60 feet; thence South 43 degrees 20 minutes 54 seconds West 219.81 feet; thence South 10 degrees 46 minutes 25 seconds West 245.30 feet; thence South 86 degrees 09 minutes 36 seconds West 177.82 feet; thence North 46 degrees 53 minutes 50 seconds West 169.83 feet to the point of beginning [REST OF PAGE INTENTIONALLY LEFT BLANK] Page 10 of 18 EXHIBIT D Permanent and Drainage and Utility Easement (3” Top Margin for Recording) PERMANENT DRAINAGE & UTILITY EASEMENT The City of Chanhassen, a political subdivision organized and existing under the laws of the State of Minnesota, being the owner in fee simple of the real property (“Property”) described hereinafter “Grantor,” hereby grants unto Carver County, a political subdivision of the State of Minnesota, “Grantee,” its successors and assigns, the hereinafter described permanent drainage and utility easement. Legal Description of Property Grantors are the owners in fee simple of the following described real property which is located within Chanhassen, Carver County, Minnesota (the “Property”): Page 11 of 18 That part of the Northeast Quarter of the Southeast Quarter of Section 27, Township 116 North, Range 23 West, being part of Parcel 58B, Parcel 58C, and Parcel 58D on Minnesota Department of Transportation Right of Way Plat No. 10-21, according to the recorded plat thereof, which lies southeasterly of a line drawn parallel with and distant 55 feet southeasterly of Centerline B. Centerline B: Commencing at the southwest corner of said Section 27; thence South 89 degrees 20 minutes 26 seconds East, assumed bearing, along the south line of said Section 27, a distance of 1073.33 feet to the centerline of CSAH No. 15; thence North 49 degrees 16 minutes 55 seconds East, along said centerline 1370.36 feet, thence northeasterly along said centerline 510.52 feet along a tangential curve, concave to the northwest, central angle of 21 degrees 06 minutes 05 seconds, radius 1386.19 feet to the point of beginning of Centerline B to be described, also being the centerline of CSAH No. 14; thence North 89 degrees 45 minutes 26 seconds East, along said centerline 455.86 feet; thence northeasterly along said centerline 742.54 feet along a tangential curve, concave to the northwest, central angle 46 degrees 24 minutes 32 seconds, radius 916.73 feet; thence North 43 degrees 20 minutes 54 seconds East, along said centerline 1577.88 feet and said line there terminating. Grant of Easement For good and valuable consideration, the receipt and sufficiency of which Grantor hereby acknowledges, Grantor hereby bargains, sells, grants and conveys to Grantee, its successors and assigns, a permanent easement for drainage and utility purposes (“Easement”) over, under, across and upon the following described portion of the above described Property (“Easement Tract”): A perpetual easement for drainage and utility purposes over, under, and across that part of the Northeast Quarter of the Southeast Quarter of Section 27, Township 116 North, Range 23 West, being part of Parcel 58B and Parcel 58C on Minnesota Department of Transportation Right of Way Plat No. 10-21, according to the recorded plat thereof, described as follows: Commencing at the southwest corner of said Section 27; thence South 89 degrees 20 minutes 26 seconds East, assumed bearing, along the south line of said Section 27, a distance of 1073.33 feet to the centerline of CSAH No. 15; thence North 49 degrees 16 minutes 55 seconds East, along said centerline 1370.36 feet, thence northeasterly along said centerline 510.52 feet along a tangential curve, concave to the northwest, central angle of 21 degrees 06 minutes 05 seconds, radius 1386.19 feet to the centerline of CSAH No. 14; thence North 89 degrees 45 minutes 26 seconds East, along said centerline 455.86 feet; thence northeasterly along said centerline 742.54 feet along a tangential curve, concave to the northwest, central angle 46 degrees 24 minutes 32 seconds, radius 916.73 feet; thence North 43 degrees 20 minutes 54 seconds East, along said centerline Page 12 of 18 843.97 feet to the point of beginning of the easement to be described; thence continuing North 43 degrees 20 minutes 54 seconds East, along said centerline 557.70 feet to the north line of said Northeast Quarter of the Southeast Quarter; thence South 46 degrees 39 minutes 06 seconds East 158.60 feet; thence South 43 degrees 20 minutes 54 seconds West 219.81 feet; thence South 10 degrees 46 minutes 25 seconds West 245.30 feet; thence South 86 degrees 09 minutes 36 seconds West 177.82 feet; thence North 46 degrees 53 minutes 50 seconds West 169.83 feet to the point of beginning Grantee’s Rights within Easement Tract Said Easement shall include, but not be limited to, the right of the Grantee, its contractors, employees, agents and invitees to enter upon and occupy said Easement Tract for the purposes of locating, constructing, operating, inspecting, maintaining, altering, repairing, reconstructing, using, and removing highway, utility and drainage improvements, to grade, slope, and excavate within said Easement Tract, to store equipment and materials, and to remove pavement, sidewalks, bushes, trees, undergrowth, fences, and other materials, buildings, improvements and obstructions as, in the judgment of Grantee, may from time to time interfere with Grantee’s construction and use of such utility and drainage improvements within said Easement Tract. Grantor agrees not to construct fences, retaining walls, buildings or other obstructions, perform tillage, plant trees, hinder in any way the flow of surface water, or perform or permit any detrimental operation or activity within the Easement Tract. Grantee shall have the right to use and remove earth, trees, shrubs, grasses, and other materials lying within the limits of the Easement Tract. Grantee will replace topsoil and reestablish grass cover on exposed soil areas within the Easement Tract where excavation and embankment construction take place, and where clay or other poor soil is exposed. Grantee may permit cities, townships, utility companies and others to place and maintain power, telephone, gas, tile, water, sewer and other utilities above and/or under the ground within the limits of the Easement Tract. However, it is not permissible for the cross-arm members of such utility lines to overhang over lands adjacent to said Easement Tract. Grantor, their successors and assigns, agree to not modify the highway slopes, out slopes, highway ditch configurations, utilities or other modifications or improvements made or placed by Grantee or others pursuant to the direction or consent of Grantee within said Easement Tract. Grantor understands and acknowledges that the permanent right of way on or adjoining Grantor’s property also includes any previously existing highway easements as well as road easements established by use and maintenance. Page 13 of 18 The Grantor certifies that there are no wells, abandoned wells, septic system components, other obstructions (above or below the ground surface), or known environmental hazards within the Easement Tract. Title Grantors warrant to Grantee that they are the owners of the Property in fee simple, subject to no encumbrances with the sole right to grant the Easement, and that any judgments or liens against persons or entities with the same or similar names as the Grantor are not against Grantor. Environmental Matters Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and attorneys’ fees, costs, disbursements, or losses resulting from any claims, actions, suits or proceedings relating to a release or threat of release of any hazardous substances, pollutants, or contaminants that may have existed on, or relate to the Easement Tract or the Property prior to the date of this instrument. Binding Effect The terms and conditions of this instrument shall run with the land and be binding on the Grantor and the personal representatives, heirs, devisees, trustees, executors, administrators, successors and assigns of Grantors. [SIGNATURE PAGE FOLLOWS] Page 14 of 18 IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed the day and year first above written. Dated this day of , 20 , GRANTOR (CITY OF CHANHASSEN) GRANTOR __________________________________ __________________________________ Elyse Ryan, Mayor of City of Chanhassen __________________________________ _________________________________ Check here if part or all of the land is Registered (Torrens) This Instrument Was Drafted By/Return To: Carver County Public Works, 11360 Highway 212, Suite 1, Cologne, MN, 55322. ACKNOWLEDGMENT STATE OF MINNESOTA, COUNTY OF ____________________ The foregoing instrument was acknowledged before me this day of , 2019, by _____________________________________________________________________ _____________________________________________________________________. Notary Public My Commission expires Page 15 of 18 EXHIBIT E Quit Claim Deed Page 16 of 18 Page 17 of 18 Exhibit A to Quit Claim Deed Legal Description of Property That part of the Northeast Quarter of the Southeast Quarter of Section 27, Township 116 North, Range 23 West, being part of Parcel 58B, Parcel 58C, and Parcel 58D on Minnesota Department of Transportation Right of Way Plat No. 10-21, according to the recorded plat thereof, which lies southeasterly of a line drawn parallel with and distant 55 feet southeasterly of Centerline B. Centerline B: Commencing at the southwest corner of said Section 27; thence South 89 degrees 20 minutes 26 seconds East, assumed bearing, along the south line of said Section 27, a distance of 1073.33 feet to the centerline of CSAH No. 15; thence North 49 degrees 16 minutes 55 seconds East, along said centerline 1370.36 feet, thence northeasterly along said centerline 510.52 feet along a tangential curve, concave to the northwest, central angle of 21 degrees 06 minutes 05 seconds, radius 1386.19 feet to the point of beginning of Centerline B to be described, also being the centerline of CSAH No. 14; thence North 89 degrees 45 minutes 26 seconds East, along said centerline 455.86 feet; thence northeasterly along said centerline 742.54 feet along a tangential curve, concave to the northwest, central angle 46 degrees 24 minutes 32 seconds, radius 916.73 feet; thence North 43 degrees 20 minutes 54 seconds East, along said centerline 1577.88 feet and said line there terminating. Carver County reserving unto themselves a perpetual easement for drainage and utility purposes over, under, and across that part of the Northeast Quarter of the Southeast Quarter of Section 27, Township 116 North, Range 23 West, being part of Parcel 58B and Parcel 58C on Minnesota Department of Transportation Right of Way Plat No. 10-21, according to the recorded plat thereof, described as follows: Commencing at the southwest corner of said Section 27; thence South 89 degrees 20 minutes 26 seconds East, assumed bearing, along the south line of said Section 27, a distance of 1073.33 feet to the centerline of CSAH No. 15; thence North 49 degrees 16 minutes 55 seconds East, along said centerline 1370.36 feet, thence northeasterly along said centerline 510.52 feet along a tangential curve, concave to the northwest, central angle of 21 degrees 06 minutes 05 seconds, radius 1386.19 feet to the centerline of CSAH No. 14; thence North 89 degrees 45 minutes 26 seconds East, along said centerline 455.86 feet; thence northeasterly along said centerline 742.54 feet along a tangential curve, concave to the northwest, central angle 46 degrees 24 minutes 32 seconds, radius 916.73 feet; thence North 43 degrees 20 minutes 54 seconds East, along said centerline 843.97 feet to the point of beginning of the easement to be described; thence continuing North 43 degrees 20 minutes 54 seconds East, along said centerline 557.70 feet to the north line of said Northeast Quarter of the Southeast Quarter; thence South 46 degrees 39 Page 18 of 18 minutes 06 seconds East 158.60 feet; thence South 43 degrees 20 minutes 54 seconds West 219.81 feet; thence South 10 degrees 46 minutes 25 seconds West 245.30 feet; thence South 86 degrees 09 minutes 36 seconds West 177.82 feet; thence North 46 degrees 53 minutes 50 seconds West 169.83 feet to the point of beginning REST OF PAGE INTENTIONALLY LEFT BLANK[ CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject Resolution 2020­XX: Parcel Exchange Agreement with Riley Purgatory Bluff Creek Watershed District for CSAH 101 Improvements Section CONSENT AGENDA Item No: D.6. Prepared By Charlie Howley, Director of Public Works/City Engineer File No: ENG 14­08 PROPOSED MOTION “The City Council adopts a Resolution authorizing an Exchange Agreement with the Riley Purgatory Bluff Creek Watershed District for a land parcel swap in connection with the Highway (CSAH) 101 Improvement Project.” Approval requires a 2/3 Vote. SUMMARY Due to the right­of­way acquisition for the Highway 101 Project, excess City owned land exists that is not needed for the project.  Adjacent to the City owned land is a parcel of land owned by the Riley Purgatory Bluff Creek Watershed District (RPBCWD) that is needed for the highway project.  Both parties mutually agree to the exchange and conveyance of the property.  The RPBCWD approved the land swap at their March 4, 2020 Board meeting. The respective attorneys and engineering staff have reviewed the exchange agreement and are in agreement to its language and form. A right­of­entry agreement was approved at the February 24, 2020 City Council meeting for the purposes of allowing construction to commence while this agreement was getting finalized. RECOMMENDATION Staff recommends adoption of this Resolution. ATTACHMENTS: Agreement Resolution 626314v4CH135-61 EXCHANGE AGREEMENT THIS EXCHANGE AGREEMENT (this “Agreement”) is made this _____________ day of_____________ 2020, by City of Chanhassen, a municipal corporation under Minnesota law, whose address is 7700 Market Blvd., P.O. Box 147, Chanhassen, MN 55317 (“The City”); and Riley-Purgatory-Bluff Creek Watershed District, a political subdivision of the State of Minnesota, whose address is 18681 Lake Drive, Chanhassen, MN 55317 (“The District”). The City and District are referred to collectively herein as the “Parties.” RECITALS A. The City owns the land which is legally described in Exhibit A attached hereto and incorporated herein (the “City Parcel”). The City Parcel is depicted on Exhibit A-1 attached hereto and incorporated herein. B. The District owns the land which is legally described in Exhibit B attached hereto and incorporated herein (the “District Parcel”). C. The City is planning to reconstruct and expand County State Aid Highway 101, between Pioneer Trail and Flying Cloud Drive, adjacent to the District Parcel, in accordance with a construction plan which requires the City to acquire the real estate interests shown in Carver County Right of Way Plat No. 29, including a portion of the District Parcel. The City is in the process of acquiring those interests, including commencement of eminent domain proceedings to acquire all outstanding parcels, except that portion of the District Parcel as defined as the New District Parcel in this Agreement. D. The District agrees to convey a portion of the District Parcel to the City for the City Project, as depicted on Exhibit B-2 attached hereto (the “New District Parcel”) in exchange for the City’s conveyance of the City Parcel to the District, in accordance with this Agreement. E. The City agrees to convey the City Parcel to the District, in exchange for the District’s conveyance to the City of the New District Parcel, in accordance with this Agreement. F. The Parties wish to exchange and convey the properties described in this Agreement, subject to the terms and conditions contained in this Agreement. AGREEMENT In consideration for the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which the Parties acknowledge, the Parties agree as follows: 1. Recitals. The recitals stated above constitute and form an integral part of this Agreement and are incorporated herein by reference as if set forth herein in their entirety. 2 626314v4CH135-61 2. City Conveyance of the City Parcel. As part of the exchange contemplated by this Agreement, the City will convey the City Parcel to the District by quitclaim deed, free and clear of any mortgages, liens, or encumbrances other than matters created by or acceptable to the District, pursuant to paragraph 4.C, below. 3. District Conveyance of the New District Parcel and Temporary Construction Easements. As part of the exchange contemplated by this Agreement, the District will convey the New District Parcel to the City by quitclaim deed, free and clear of any mortgages, liens, or encumbrances other than matters created by or acceptable to the City pursuant to paragraph 4.C, below. The District also agrees to convey to the City at Closing a temporary construction easement over the City Parcel, in a form substantively equivalent to that attached hereto as Exhibit C. The District will also convey to the City at Closing a temporary construction easement over the portion of the District Parcel that the District will retain, in a form substantively equivalent to that attached hereto as Exhibit D. 4. Contingencies. The obligations of the Parties to perform their respective obligations hereunder are expressly conditioned upon the following contingencies: A. The City having obtained all appropriate approvals necessary for the City’s use of the New District Parcel, including, but not limited to, subdivision of the District Parcel at the City’s cost. B. Each party having determined that it is satisfied with the result of and matters disclosed by its investigations, surveys, soil tests, engineering inspections, and environmental reviews of the parcel that it is acquiring pursuant to this Agreement, including, but not limited to, the District’s satisfaction with the results of the Phase I environmental site assessment (ESA) to be performed by the City with respect to the City Parcel at the expense of the City. The City will ensure that the representations and warranties of the environmental consultant performing the ESA will explicitly run to both the City and the District. C. Each party having determined that it is satisfied with the title evidence in the title commitment referenced in section 7, below. Each party will deliver written objections to the form and/or contents of the title commitment or ESA on or before the fifth (5th) business day following that party’s receipt of the last of the title commitment and ESA. If a party fails to make objections within such five (5) day period, then it is deemed to have waived its right to make objections. The parties will cooperate to resolve any objections, provided the City bears the cost of doing so, other than the District’s administrative costs. If the contingencies above are satisfied in a timely manner, then the parties shall proceed to close the transaction as contemplated herein. If, however, any of the contingencies listed above are not satisfied on or before the Closing, this Agreement shall thereupon be void, and the parties shall execute and deliver to each other a termination of this Agreement. 5. Closing. Closing of the transactions contemplated under this Agreement shall occur within thirty (30) days after the contingencies set forth in Section 4 have been satisfied or waived by City 3 626314v4CH135-61 and the District, and, in any event will occur on or before [insert new date], 2020, unless: (i) mutually extended for purposes of satisfying a contingency set forth in Section 4, or (ii) the Parties otherwise mutually agree. The Parties agree to promptly execute and deliver any other instruments or documents necessary to carry out the purposes of this Agreement before, at, or following Closing. The following representations and warranties are attendant to closing: (a) The representations and warranties of the City set forth herein will be true on the date the City completes its obligations herein with the same force and effect as if such representations and warranties were made on and as of such date. (b) The representations and warranties of the District set forth herein will be true on the date the District completes its obligations herein with the same force and effect as if such representations and warranties were made on and as of such date. (c) There have been no material changes to the City Parcel between the date of this Agreement and the date of conveyance of the City Parcel to the District. (d) There have been no material changes to the District Parcel between the date of this Agreement and the date of conveyance of the District Parcel to the City. 6. Warranty of Title. (a) The City represents there are no recorded or unrecorded liens, encumbrances or leases, mortgages, security interests or other exceptions (collectively, the “Liens”) to the City’s fee title ownership of the City Parcel. The City warrants that: (i) the City is the fee simple owner of the City Parcel; (ii) the City has the right to enter into this Agreement and to make the promises, covenants, and representations contained in this Agreement; (iii) this Agreement does not violate any mortgage or other interest held by any third party regarding the City Parcel, or any portions of that parcel; (iv) there are no outstanding unpaid bills incurred for labor, materials, or services regarding the City Parcel, or any portions thereof; and (v) as of Closing, there will be no recorded or unrecorded liens, security interests, or any outstanding, pending, or threatened suits, judgments, executions, bankruptcies, or other proceedings pending or of record that would in any manner impact title to the City Parcel, or any portion thereof. The City will not grant, sell, convey, or in any way encumber the City Parcel prior to the Parties’ Closing. The City shall fully cooperate and assist the District in obtaining consents to this Agreement from each party that holds rights (recorded or unrecorded) that might interfere with the District’s or the City’s rights under this Agreement. (b) The District represents that it has no actual knowledge of liens, encumbrances or leases, mortgages, security interests or other exceptions to the District’s fee title ownership of the New District Parcel not evidenced on the title commitment produced pursuant to section 7, below. The District warrants that the District is the fee simple owner of the New District Parcel; that the District has the right to enter into this Agreement and to make the promises, covenants, and representations contained in this Agreement; and that to its actual knowledge: (a) this Agreement does not violate any mortgage or other interest held by any third party regarding the New District Parcel, or any portions of that parcel; (b) there are 4 626314v4CH135-61 no outstanding unpaid bills incurred for labor, materials, or services regarding the New District Parcel, or any portions thereof; and (c) as of Closing, there will be no recorded or unrecorded liens, security interests, or any outstanding, pending, or threatened suits, judgments, executions, bankruptcies, or other proceedings pending or of record that would in any manner impact title to the New District Parcel, or any portion thereof. The District will not grant, sell, convey, or in any way encumber the New District Parcel prior to the Parties’ Closing. The District shall fully cooperate and assist the City in obtaining consent to this Agreement from each party that holds rights (recorded or unrecorded) that might interfere with the District’s or the City’s rights under this Agreement, provided the City bears the cost of doing so, other than the District’s administrative costs. 7. Title Examination. (a) Within 14 days following both parties' execution of this Agreement, the City will procure a title commitment for the City Parcel. If the title to the City Parcel, or any portion thereof, is unmarketable, the City will cooperate with the District to clear any title defects and to render title of the City Parcel to be marketable to allow the transactions contemplated herein to proceed in accordance with the terms and conditions of this Agreement. (b) Within 14 days following the District’s execution of this Agreement, the City will procure a title commitment for the New District Parcel. If the title to the New District Parcel, or any portion thereof, is unmarketable, the District will cooperate with the City to clear any title defects and to render title of the New District Parcel to be marketable, provided the City bears the cost of doing so, to allow the transactions contemplated herein to proceed in accordance with the terms and conditions of this Agreement. 8. Taxes (a) All real estate taxes and special assessments or assessments for special improvements due, levied or assessed against the City Parcel for years prior to the year of Closing shall be paid by the City prior to Closing. Real estate taxes due and payable in the year of Closing will be prorated as of the Closing date. (b) All real estate taxes and special assessments or assessments for special improvements due, levied or assessed against the New District Parcel for years prior to the year of Closing shall be paid by the District prior to Closing. Real estate taxes due and payable in the year of Closing will be prorated as of the Closing date. 9. Closing Costs. The City will pay: (i) the costs of title commitment preparation and updating regarding the City Parcel; (ii) the costs of title commitment preparation and updating and the title insurance policy regarding the New District Parcel; (iii) title examination fees with respect to the City Parcel; (iv) title examination fees with respect to the District Parcel; (v) fees for the preparation of the deeds relating to both the City Parcel and the District Parcel; (vi) fees for the preparation of this Agreement; (vii) fees for the preparation and expenses of any survey, (viii) the costs of preparing and recording all releases, satisfactions, and title corrective documents with respect to the City or New District Parcel, and (ix) the cost of 5 626314v4CH135-61 performing a Phase I environmental site assessment on the City Parcel. The City will pay all other customary closing costs and attorney costs of the District related to closing. Each party will bear its own administrative costs. 10. Forbearance or Waiver. The failure or delay of either party to insist on the timely performance of any of the terms of this Agreement, or the waiver of any particular breach of any of the terms of this Agreement, at any time, will not be construed as a continuing waiver of those terms or any subsequent breach, and all terms will continue and remain in full force and effect as if no forbearance or waiver had occurred. 11. Survival. The terms of this Agreement will survive Closing. 12. Assignment. The City will not transfer or assign this Agreement or any rights or obligations under this Agreement without the express written consent of the District. The District will not transfer or assign this Agreement or any rights or obligations under this Agreement without the express written consent of the City. 13. Governing Law. This Agreement will be construed and enforced in accordance with Minnesota law. The Parties agree that any litigation arising out of this Agreement will be venued in State District Court in Carver County, Minnesota, and the Parties waive any objection to venue or personal jurisdiction. 14. Severability. If any court of competent jurisdiction finds any provision or part of this Agreement to be invalid, illegal, or unenforceable, that portion will be deemed severed from this Agreement, and all remaining terms and provisions of this Agreement will remain binding and enforceable; however, the Parties will reconvene negotiations and will reform or replace any invalid, illegal, or unenforceable provision or portion of this Agreement with an alternative provision that is enforceable and bears as close resemblance as possible to any provision determined invalid, illegal, or unenforceable. 15. Entire Agreement. This Agreement supersedes any previous oral or written agreements between the Parties. 16. Modifications. Any modifications or amendments of this Agreement must be in writing and signed by both Parties to this Agreement. 17. Binding Effect. The covenants, terms, conditions, provisions, and undertakings in this Agreement, or in any amendment, will be binding upon the Parties’ successors and assigns. 18. Cooperation. The Parties agree to cooperate fully, to execute any and all additional documents, and to take any and all additional actions that may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement and to accomplish the purposes of this Agreement. 19. Representation. The Parties, having been represented by counsel or having waived the right to counsel, have carefully read and understand the contents of this Agreement, and agree they have not been influenced by any representations or statements made by any other parties. 6 626314v4CH135-61 20. Headings. Headings in this Agreement are for convenience only and will not be used to interpret or construe its provisions. (Signatures appear on the following pages.) City of Chanhassen By Elise Ryan Its: Mayor By Todd Gerhardt Its: City Manager Riley-Purgatory-Bluff Creek Watershed District By: __________________________ Its:____________________________ By:___________________________ Its:_________________________________ 7 626314v4CH135-61 EXHIBIT A LEGAL DESCRIPTION OF CITY PARCEL Parcel 4B, as shown on CARVER COUNTY RIGHT OF WAY PLAT No. 29, on file and of record in the office of the County Recorder, Carver County, Minnesota 8 626314v4CH135-61 EXHIBIT A-1 CARVER COUNTY RIGHT OF WAY PLAT NO. 29 (showing CITY PARCEL, as Parcel 4B) 9 626314v4CH135-61 10 626314v4CH135-61 11 626314v4CH135-61 12 626314v4CH135-61 13 626314v4CH135-61 EXHIBIT B LEGAL DESCRIPTION OF DISTRICT PARCEL Parcel 2, as shown on CARVER COUNTY RIGHT OF WAY PLAT No. 29, on file and of record in the office of the County Recorder, Carver County, Minnesota 14 626314v4CH135-61 EXHIBIT B-2 PARCEL SKETCH DEPICTING NEW DISTRICT PARCEL 626314v4CH135-61 EXHIBIT C FORM OF TEMPORARY CONSTRUCTION EASEMENT OVER CITY PARCEL (3” Top Margin for Recording) TEMPORARY CONSTRUCTION EASEMENT (PARCEL 4B) County Highway 101 Reconstruction-Parcel 4B PID Number: _______________ Riley-Purgatory-Bluff Creek Watershed District, a political subdivision of the State of Minnesota, “Grantor,” being the owner, in fee simple, of the real estate hereinafter described, grants to the City of Chanhassen, a Minnesota municipal corporation, “Grantee,” its successors and assigns, the hereinafter described temporary construction easement. Legal Description of Property 1. Grantor is the owner in fee simple of the following described real estate located in Carver County, Minnesota (the “Property”): Parcel 4B, as shown on CARVER COUNTY RIGHT OF WAY PLAT No. 29, on file and of record in the office of the County Recorder, Carver County, Minnesota Grant of Easement 2. For good and valuable consideration, the receipt and sufficiency of which are acknowledged by Grantor, Grantor bargains, sells, grants, and conveys to Grantee, its successors and assigns, a temporary construction easement over, under, across and upon that portion of the Property delineated on Attachment A hereto (“Easement Area”). Rights Within Easement Area 3. Said temporary construction easement shall include, but not be limited to, the right of the Grantee, 626314v4CH135-61 its contractors, employees, agents and invitees to enter upon the Easement Area for the purpose of constructing highway, utility and drainage improvements, and all purposes in furtherance thereof, or related thereto, including inspecting, surveying, grading, sloping, excavating, restoring, depositing earthen materials, moving and storing equipment, supplies, and materials, and removing pavement, sidewalks, bushes, trees, undergrowth and other buildings, improvements and obstructions as, in the judgment of Grantee, may interfere with Grantee’s construction of such highway, utility and drainage improvements in accordance with its plans for its public project. Further, it is understood and agreed that the aforesaid consideration includes payment of damages for and permits removal or destruction of the trees, grass or other herbage; fences and other structures or other appurtenances within the Easement Area. Grantor agrees that all earth and other material necessarily excavated and removed from the Easement Area shall become the property of Grantee, and shall be used in the construction of Grantee’s project, or be hauled away and disposed as Grantee may deem fit. Grantee agrees to replace topsoil and reestablish grass cover on exposed soil areas within the Easement Area where excavation and embankment construction takes place, and where clay or other poor soil is exposed. 4. Grantor and Grantee agree that the plan for said County Highway 101 Reconstruction Project which is on file in the office of the City Engineer for the City of Chanhassen, Minnesota, is, by reference, hereby made a part of this easement. In the event disputes arise, said plans shall control. 5. Notwithstanding any term of paragraphs 3 and 4, above, all of Grantee’s activity under this temporary easement will conform to the following: a. Grantee will not place any permanent improvement within the Easement Area. Grantee may alter grades and contours within the Easement Area in conformance with approved plans incorporated into Permit 2019-042 issued by Grantor. All Grantee work within the Easement Area will conform to Permit 2019-042. b. Within the Easement Area, Grantee may not store hazardous or petroleum substances, and may not conduct refueling or vehicle/equipment maintenance or repair that involves the transfer or open storage of any hazardous substance or petroleum. c. Grantor makes no representation or warranty as to the existence, location or nature of subsurface structures. Grantee is responsible for Gopher One compliance, for exercising care with respect to potential subsurface structures, and for any damage caused thereto by its activity. d. Grantee accepts the condition of the Easement Area as-is, with no warranty or representation of Grantor as to its condition or the existence of any hazard, obvious or non- obvious, known or unknown. On behalf of itself, its employees, officials, contractors, subcontractors and agents, Grantee releases Grantor from any liability arising from the condition of the Easement Area. Term of Temporary Easement 6. The temporary easement granted herein shall commence on March 1, 2020 and shall terminate 626314v4CH135-61 on December 31, 2021. Transfer of Title 7. Grantor agrees to notify the City Engineer of the City of Chanhassen of any conveyance of its ownership interest in the Property. This notification shall be in writing to the address listed below at least 30 days in advance of the conveyance. Environmental Matters 8. Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and attorneys’ fees, costs, disbursements, or losses resulting from any claims, actions, suits or proceedings relating to a release or threatened release of any hazardous substances, pollutants, or contaminants existing on the Property prior to the date of this instrument, except to the extent the actions of Grantee cause or contribute to a release of any such material within the meaning of applicable law. Restoration of Property 9. Prior to the expiration of the temporary easement term, Grantee shall restore disturbed surfaces within the Easement Area in accordance with Grantee’s restoration plan. Indemnification. 10. Grantee will indemnify, defend and hold harmless Grantor from and against any liens, claims, losses, liability, or damage resulting from: (a) any liens which may be attached to the Property for labor or materials provided by or at the request of Grantee; (b) injury or death to persons arising out of Grantee acts or omissions pursuant to this easement; (c) property damage to third parties arising out of Grantee acts or omissions pursuant to this easement. “Grantee acts or omissions” in this paragraph means acts or omissions of Grantee, its employees, officials, contractors, subcontractors and agents. Binding Effect 11. The terms and conditions of this instrument shall run with the land and be binding on the Grantor and the successors and assigns of Grantor. 626314v4CH135-61 IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed the day and year first above written. Dated this _____ day of ______________, 2020. Grantor: Riley-Purgatory-Bluff Creek Watershed District By: _______________________________________ Its: _________________________________ ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF ___ } } ss The foregoing instrument was acknowledged before me this day of _______________________, 2020, by ________________________ as the ____________________ of the Riley-Purgatory-Bluff Creek Watershed District, a political subdivision of the State of Minnesota, on its behalf. Notary Public My Commission expires This Instrument Was Drafted By: Kennedy & Graven, Chartered (SJS) 470 U.S. Bank Plaza 200 South 6th Street Minneapolis, MN 55402 And by (with return to): City of Chanhassen Attn. City Engineer P. O. Box 147 Chanhassen, MN 55317-0147 626314v4CH135-61 Attachment A 626314v4CH135-61 EXHIBIT D FORM OF TEMPORARY CONSTRUCTION EASEMENT OVER PORTION OF DISTRICT PARCEL TO BE RETAINED BY THE DISTRICT (3” Top Margin for Recording) TEMPORARY CONSTRUCTION EASEMENT County Highway 101 Reconstruction-Parcel 2 T.E. PID Number: ______________ Riley-Purgatory-Bluff Creek Watershed District, a political subdivision of the State of Minnesota, “Grantor,” being the owner, in fee simple, of the real estate hereinafter described, grants to the City of Chanhassen, a Minnesota municipal corporation, “Grantee,” its successors and assigns, the hereinafter described temporary construction easement. Legal Description of Property 1. Grantor is the owner in fee simple of the following described real estate located in Carver County, Minnesota (the “Property”): Parcel 2 T.E., as shown on Carver County Right of Way Play No. 29, on file and of record in the office of the Carver County Recorder, Carver County, Minnesota. Grant of Easement 2. For good and valuable consideration, the receipt and sufficiency of which are acknowledged by Grantor, Grantor bargains, sells, grants, and conveys to Grantee, its successors and assigns, a temporary construction easement over, under, across and upon the Property (hereinafter, “Easement Area”), which constitutes a portion of Parcel 2 as shown on Attachment A hereto. Rights Within Easement Area 3. Said temporary construction easement shall include, but not be limited to, the right of the Grantee, its contractors, employees, agents and invitees to enter upon said Easement Area for the purpose of 626314v4CH135-61 constructing highway, utility and drainage improvements, and all purposes in furtherance thereof, or related thereto, including inspecting, surveying, grading, sloping, excavating, restoring, depositing earthen materials, moving and storing equipment, supplies, and materials, and removing pavement, sidewalks, bushes, trees, undergrowth and other buildings, improvements and obstructions as, in the judgment of Grantee, may interfere with Grantee’s construction of such highway, utility and drainage improvements in accordance with its plans for its public project. Further, it is understood and agreed that the aforesaid consideration includes payment of damages for and permits removal or destruction of the trees, grass or other herbage; fences and other structures or other appurtenances within the Easement Area. Grantor agrees that all earth and other material necessarily excavated and removed from the Easement Area shall become the property of Grantee, and shall be used in the construction of Grantee’s project, or be hauled away and disposed as Grantee may deem fit. Grantee agrees to replace topsoil and reestablish grass cover on exposed soil areas within the Easement Area where excavation and embankment construction takes place, and where clay or other poor soil is exposed. 4. Grantor and Grantee agree that the plan for said County Highway 101 Reconstruction Project which is on file in the office of the City Engineer for the City of Chanhassen, Minnesota, is, by reference, hereby made a part of this easement. In the event disputes arise, said plans shall control. 5. Notwithstanding any term of paragraphs 3 and 4, above, all of Grantee’s activity under this temporary easement will conform to the following: a. Grantee will not place any permanent improvement within the Easement Area. Grantee may alter grades and contours within the Easement Area in conformance with approved plans incorporated into Permit 2019-042 issued by Grantor. All Grantee work within the Easement Area will conform to Permit 2019-042. b. Within the Easement Area, Grantee may not store hazardous or petroleum substances, and may not conduct refueling or vehicle/equipment maintenance or repair that involves the transfer or open storage of any hazardous substance or petroleum. c. Grantor makes no representation or warranty as to the existence, location or nature of subsurface structures. Grantee is responsible for Gopher One compliance, for exercising care with respect to potential subsurface structures, and for any damage caused thereto by its activity. d. Grantee accepts the condition of the Easement Area as-is, with no warranty or representation of Grantor as to its condition or the existence of any hazard, obvious or non- obvious, known or unknown. On behalf of itself, its employees, officials, contractors, subcontractors and agents, Grantee releases Grantor from any liability arising from the condition of the Easement Area. Term of Temporary Easement 6. The temporary easement granted herein shall commence on March 1, 2020 and shall terminate on December 31, 2021 626314v4CH135-61 Transfer of Title 7. Grantor agrees to notify the City Engineer of the City of Chanhassen of any conveyance of its ownership interest in the Property. This notification shall be in writing to the address listed below at least 30 days in advance of the conveyance. Environmental Matters 8. Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and attorneys’ fees, costs, disbursements, or losses resulting from any claims, actions, suits or proceedings relating to a release or threatened release of any hazardous substances, pollutants, or contaminants existing on the Easement Area prior to the date of this instrument, except to the extent the actions of Grantee cause or contribute to a release of any such material within the meaning of applicable law. Restoration of Property 9. Prior to the expiration of the temporary easement term, Grantee shall restore disturbed surfaces within the Easement Area in accordance with Grantee’s restoration plan. Indemnification. 10. Grantee will indemnify, defend and hold harmless Grantor from and against any liens, claims, losses, liability, or damage resulting from: (a) any liens which may be attached to the Property for labor or materials provided by or at the request of Grantee; (b) injury or death to persons arising out of Grantee acts or omissions pursuant to this easement; (c) property damage to third parties arising out of Grantee acts or omissions pursuant to this easement. “Grantee acts or omissions” in this paragraph means acts or omissions of Grantee, its employees, officials, contractors, subcontractors and agents. Binding Effect 11. The terms and conditions of this instrument shall run with the land and be binding on the Grantor and the successors and assigns of Grantor. 626314v4CH135-61 IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed the day and year first above written. Dated this _____ day of ______________, 2020. Grantor: Riley-Purgatory-Bluff Creek Watershed District By: _______________________________________ Its: _________________________________ ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF ___ } } ss The foregoing instrument was acknowledged before me this day of _______________________, 2020 by ________________________ as the ____________________ of the Riley-Purgatory-Bluff Creek Watershed District, a political subdivision of the State of Minnesota, on its behalf. Notary Public My Commission expires This Instrument Was Drafted By: Kennedy & Graven, Chartered (SJS) 470 U.S. Bank Plaza 200 South 6th Street Minneapolis, MN 55402 And by (with return to): City of Chanhassen Attn. City Engineer P. O. Box 147 Chanhassen, MN 55317-0147 626314v4CH135-61 Attachment A G:\ENG\Council Meetings\20200309\101 Parcel Swap w RPBCWD\CityResolutionCSAH101_RPBCWD Parcel Swap.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: March 9, 2020 RESOLUTION NO: 2020-XX MOTION BY: SECONDED BY: RESOLUTION AUTHORIZING AN EXCHANGE AGREEMENT WITH RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT FOR A LAND PARCEL SWAP FOR THE COUNTY STATE AID HIGHWAY (CSAH) 101 IMPROVEMENT PROJECT WHEREAS, the City of Chanhassen owns excess property from the Right-of-Way acquisition for the Highway 101 Improvement project that is not needed for the project; and WHEREAS, the Riley Purgatory Bluff Creek Watershed District owns property adjacent to the City owned property that is needed for the Highway 101 Improvement project; and WHEREAS, the parties mutually agree to exchange and convey the properties; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota, that the City enter into an Exchange Agreement with the Riley Purgatory Bluff Creek Watershed District to swap parcels of land in connection with the CSAH 101 Improvement project from Pioneer Trail to Flying Cloud Drive. Passed and adopted by the Chanhassen City Council this 9th day of March, 2020. ATTEST: Todd Gerhardt, City Manager Elise Ryan, Mayor YES NO ABSENT CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject Resolution 2020­XX: Haak Property Parcel Transfer to Riley Purgatory Bluff Creek Watershed District Section CONSENT AGENDA Item No: D.7. Prepared By Charlie Howley, Director of Public Works/City Engineer File No: SWMP 19­88­02 PROPOSED MOTION “The City Council approves a Resolution stipulating the property at 770 Pioneer Trail is no longer needed by the City to carry out the purpose for which it was acquired.” Approval requires a 2/3 Vote. SUMMARY This action doesn't formally transfer the property to the Riley Purgatory Bluff Creek Watershed District (RPBCWD), it is merely a necessary step in the process as required by the DNR Grant and the General Obligation Bond money used to purchase the property. BACKGROUND On March 12, 2018, the City Council approved an application for a DNR Flood Damage Reduction Grant for the properties at 730, 750 and 770 Pioneer Trail. On March 11, 2019, the City Council approved the acquisition of the property at 770 Pioneer Trail (Haak property). The RPBCWD obtained the properties at 730 and 750 Pioneer Trail. In November 2019 the home and other improvements were demolished by a City­hired contractor. The RPBCWD intends to complete a wetland restoration project on the three properties obtained via the DNR Grant. RECOMMENDATION Staff recommends approval of the Resolution. ATTACHMENTS: Project Map Resolution 2020­XX Lake Ann Park Rice Marsh Lake Preserve North LotusLake ParkLake Minnew ashta Regional Park (County Park)SunsetRidgeParkMeadowGreenPark K erb erP o n d P a rk Lake Susan PreserveBluff C reek Preserve ChanhassenRecreationCenter Hesse Farm Preserve Pheasant HillPark CurryFarmsPark CityCenterParkStoneCreekPark RoundhousePark HermanFieldPark CarverBeachPlayground Park PrairieKnollParkPowerHillPark Ch an hassenHillsPark Bandi mereHeightsPark Greenwood Shores Park CarverBeachPark Bluff Creek Golf Course RaguetWildlifeManagement Area (WMA) MN Valley NationalWildlife Refuge Minnesota Landscape Arboretum S ugar bushPark ChanhassenNaturePreserve M innesota Land sc ape Ar bor etum Pleasant ViewPreserveFoxwoodsPreserve Minnewashta Heights Park S LotusLake Park B andim erePark Chanhassen Estates Park Lake Susan Park Seminary FenScientific andNatural Area (SNA) Park RileyRidge Park PioneerPass Park Raguet WildlifeManagement Area (WMA) Bluff CreekPreserve Rice MarshLake Park OHW 877.0 OHW 699.2 OHW 896.3 OHW 865.3 OHW 944.5 OHW 956.1 OHW 881.8 OHW 955.5 OHW 993.6 O HW945.2 OHW 932.77 OHW 929.8 Lotus Lake Lake Riley Lak e M innew ashta Lake Lucy Rice Lake Lake Su s a n LakeAnn Lake Virginia LakeHarrison RiceMarshLake C lasen Lake La ke St J o e ChristmasLake C astle Rid g e C a s c a d e P a s s Town Line Road Pleasant View Road C asca de Pass Trapp e r s P a s s Timber Hill Road St a gHornLane Trap Line C ircle TrapLineLane O xbowBendOxbowBend Oxbo w B e n d Shasta Cir E C a s c a d e Circle MountainViewCourtP i e d m o n tCourt TrappersPassOx bowBendO x b o w B end FoxHollow Dri v e Pleasant View Road FoxH o l l ow DriveHuntersCourt BluffRidgeCourtFox H ollowDrive Gra y FoxCur v eFoxta il C o urtQuailCros si n g GrayFoxCurv GreyFoxCurv e Gray F oxCurveGrayFoxCurveBruleCircleChoctaw Circle S a n d y HookRoad Hwy101GreatPlainsBlvdFox Pa th F o xC o u rtLakePoint Lotus TrailN a v a j o D rCar v e r B e a c h R o a d Ponderosa Drive Broken Arrow D r Lo t u s T r a i l Lotus Trail RojinaLanePlea s a n t V i e w R o a d PleasantViewRoadHorseshoeC urvePleasantView Road F o x P athFox Path Vineland Court H ollyLaneHolly Lane W illow CreekP o w e r s B l v d ( C . R . 1 7 )PleasantViewCov e Pleasant View Road Peaceful LanePleasant View R o a d Nez Perce DrivePowers Blvd (C.R. 17)DevonshireDrWelsleyCourtArlingtonCrt.DevonshireDriveStratton C o u r t Bretto n W a y Teton L a n e BrettonWay Ashton Court Teton LaneIthilienTroendle CircleCharingBendShadowLaneYosemite AveYosemite AveLakew a y Lane PointeLakeLucyKerber Blvd Kerber BlvdPowers Blvd (C.R. 17)PimlicoLaneK e r b e r B l v d P o n tia c L a n e BuckingwoodCtTrotter sC ir cl ePon t ia cCirclePontiacCourtButte Co u r tPont i ac Cir cle Pontiac Lane Redman LaneDeclarationDrShawnee LaneU t i c a L a n e Pow e r s B l v d (C .R . 1 7 ) C actusCurve CanyonCurve Powers Blvd (C.R. 17)Santa Vera DriveTargetLaneW 78th St Hwy 101 Great Plains BlvdHwy 101 Great Plains BlvdHwy101GreatPlainsBlvdWest Village Road S a n d y Hook Road San d y Hook C irCheyenneDakotaDakota C ircleDakota Cheyenne Basswood CirKurversPointRoad W illow ViewCove Twin Maple Lan e S o u th S horeCourtChan View Erie AvenueErieAvenueSouthShoreDriveSouth Shore Dri veHill StreetW 77th St Canterbury Circle DerbyDriveBelmont LnKerber BlvdKe r b e r B l v d Laredo Drive(W 78th St)ChanView StoneCr e e kDr AudubonRoadCommerce DriveAudubonRoadP arkR oadP arkR oadPark Court P arkPlace Park DrivePark Road PowersBlvd(C.R.17)Valley View Crt ValleyRidgeCrtValleyRidge Trail North Coulter Boulevard Tim berwoodDrPi n e w o o d C i r Oakwood R i d g eTimberwoodDr Ti mberwoodDrBluffView Crt StoneCreekDr CreekviewCrt StoneCreekDrRenaissance Crt Lyman Blvd (CSAH 18)BoulderRoadStoneCreek Dr Bethesda CirWa s h i ngt onBlvdWashingtonBlvdCommonwealthBlvdLincoln Ln Wa shingtonCirFranklin LnJefferson DrMadison DrTWIN CITIES & W E S T E R N R AI L R O A D LakeRil eyTrlHighover LaneJerse y Way Lake Ann P a r kDrIroquois AveHuronKiowaGreatPlainsBlvdW 78th St W 76th St Frontier TrailW 78th S t r e e t S ta te H w y No .5Hill StreetChippewa Cir Chippewa TrailS a n ta V e r a Drive SaratogaDriveSaratoga DriveSaratogaCir Laredo L a n e Laredo LaneIr o q u ois Santa Fe TrailDelRioDrive Del Rio Drive Cimarro n Circ leLaredoDrive FrontierTrailFrontier CourtFr o n t i e r T r a i l Kurver s P oint Road Frontier Trail Highland DriveLaredoDriveLongview CircleSierra Court SierraTrailConestogaCourtConestoga TrailBighor n DriveF rontierTrail KiowaFrontier TrailHighland Drive S h a d o w m e r e Bighorn D r ive State Hwy 5 Arboretum Boulevard Shasta Cir W Olympic Cir Castle Ridge Cast l e R i d g e C o u r t Casc a d e C o u r t NearMountainBlvdNear M o u nt ai n Bl v d Ne ar MountainBlvdMountain Way Su m m i t C i r c l e Pleasant View Road Indian Hill RdPleasantParkDrGrayFoxLaneMarketBl v d MarketBlv d S t a t e H w y 5 A rb o re tu m B oulevardStateHwy5ArboretumBoulevardKerberBlvdPicha Chan ViewVioletRoadCarverBea c h R o a dCree DriveYuma D r ive Ri n g o D r i v e Y um a D r i v eDeerwoodDrNe z P e r c e D r i v e Imperial Dr Ponderosa DriveNezPerceDrive NezPerceCtHeatherCourt Ho p i R d Carver Beach Road Penamint Court P enam intLaneRed wing LaneChaparral LaneChaparral CtRedman LaneUtica CircleTecumsehLanePreakness Lane R e d w in g L a n e Redwing Lane Pi ma L aneUtica LanePre akness Lane Carver Beach Road RooseveltDrLake Lucy Road Western Drive Hiawatha Dr Cree Drive Woodhill Dr Redwing CrtC ha p arr al L a n e Utica LaneUticaTe rr a c eLakewayDriveLake Lucy Road Lake Lucy Road West 63rd StAudubon CirCreekRu nTr ailCardinalBlue Jay CirWest 63rd St Koehnen Circle East Koehnen Circle West Ringneck D rive P hea santCirRi n g n e c k D r i v e WoodDuc k L anePartridge Cir WhiteDoveDrive PheasantDrive S te lle r Cir WoodDuckCirWood D u c k LaneTea l C i r PintailCir WhiteDoveCirWood Duck LaneL a ke L u cy Road Lake L u c y L a n eMurray Hill RoadGal pi nBl vd. (C.R.117)ChaskaRoadMelody Hill Lake Lucy RoadHummingbird RoadMolineCirMelody HillCirGalpinBlvd.(C.R.117)Melody H ill West 6 5th St re etMurrayHillRoad W h ite T a ilR id g e C t Crestv i e w C i r GalpinBlvd.(C.R.117)Crestview Dr Steller C o u r t Galpin Blvd. (C.R. 117)Highgate Cir Briarwood Ct.ManchesterDriveLakeLucyRoadLakeLucyRoadB r e n d e n C r t Lake Lucy Road HighoverDriveHighoverWay HighoverCrtSH a rris o nHillTrailHa rriso n H illCrtHazeltineBlvd(Hwy41)Galpin Blvd. (C.R. 117)NorthwoodCrtLonga c re s D riv e FawnHillRoadRed F o x C i rLodgepolePointLongacresDrive Hunt er Drive HunterDrive GalpinBlvd.(C.R.117)Hunter DriveFawnHillRoad FawnHillRoadFawnHill C rtL o n g a c re s D riveS o u th e rnCrt GunflintCrt GunflintTrailHillsdaleCourt MoccasinTrl BentBowTrail M o cc asinTrlBentBo wTrailLongacresDrive HazeltineBlvd(Hwy41)Tanadoona Drive Ma j e s tic W ay Windmill DriveBrinker StreetTulip CrtCrocusCrtWalnutCurve PraireFlowerBlvd Galpin Blvd. (C.R. 117)S t at e Hw y 5 Arboretum Boulevard S t a t e H w y 5 A r boretum Boulevard Ca ctus Cu rveSaddlebrookC u r v e SaddlebrookPass Can yon C u r v e State Hwy 5 A rbo re tum Boulevard ArboretumDrCri m sonBayRoadDogwood RdDogwood RdTanadoona Drive Chaska RoadHazeltineBlvd(Hwy41)Sommer Gate Hazeltine Blvd (Hwy 41)North M anor R oad Tanager sPoi ntPiper R id g e L a n eTanagers LaneS a n d p iperTrailMinnew as hta WoodsDriveO rc h a rd Lane ForestCirFor estAve Foxford RoadEastwood Court Foxford RoadP ioneerTrail(CSAH14)Pioneer CirD eerbrookDriveMead o w l arkLaneHwy101GreatPla i nsBlvdW94th S TSummerfieldDriveSummerfieldDriv eGreenviewDr iv eStone Creek CtLake Drive East Lake Drive East Ess e xRdSuffolkDrBurlwood DrR ose w o odDrRo s e w o o d D r Po wers PlacePowers PlacePowersPlaceLake Riley BlvdLake Rile y B l v d W 78th Street 6 4 t hStreetState Hwy 7 O r c h a r d L a n e Oriole AveState Hwy 7W.62nd St.S t a t e H w y 7 Fi rtreeAveDogwoodAveState Hwy 7 B a rberr yCircleCy p r e s s D riv e El mt reeAveMaplewood CirGr een b ria r AveShore Drive ShoreDriveStateHwy7Church Road Meadow Crt MeadowL a n eCartway LaneW. 62nd St.StateHwy7LandingsCourtLandingsDriveL a n dingsDriveMinnewashtaParkwayK irkw ood Cir L in d e n Circle J o s h u aCir LindenCircle PipewoodCurveP a d dock Lane StateHwy7Leslee CurveGlendaleDrive LesleeCurveCrestview Dr Crestview Dr Maple DriveMaple Cir Glendale Drive Glendale Drive MinnewashtaParkwayCountryOaksRoadWhite Oak Lane Red Oak Lane CountryOaksRoadKings Road MinnewashtaParkwayJuniper AvenueRed Cedar Point Road South Cedar DriveRed Ce d a r P o i n t R o a d Maple S h or e s D r i v e Hawthorne Cir Lakeridge R dMinnewashtaCrt MinnewashtaParkwayLake ridgeRd Laker i d geRdF o rrestRidgeCir77thSt 77th St LoneCedarL a ne StateHwy5 W82ndStW 8 2 n d S tHighway 41W 82nd St CenturyBlvdGalpin Blvd (C.R. 15)BridleCreekCir Stone Cre e k L n W LukewoodDr BenwoodCi rS t o n e C r eek L n ESt oneCreekRdGal pi nBl vd(C.R.19) Stone Cr e e k D rStone C re e k D r LymanBlvd(C S A H 1 8) L y ma n B lv d ( C S A H 1 8 )ValleyViewPlaceValley Ridge Place ValleyRidge Trail South Sunrid g eCourtAudubon RoadAudubon RoadAudubon RoadLake Drive WestLyman Blvd (CSAH 18) LymanBlvd(CSAH 18)Alisa LaneAlisaCourtOsprey Lane Osprey LaneO spr e yLaneBluebill Trai lSpoonbillCirB luebill TrailHeron Dr HeronDrBitternC ourt SwanCourtHeron Dr M allardCrt Ibis C o ur t SunsetTrailFl amingoDr He r o n DrLakeSusa n H ills D rive EgretCourtPelican CrtM erganserCrtTern Crt Lake Susan Hills D riv e PowersBlvd(C.R.17)Lake Drive W estLake Drive W e stMallo ry C r tUp l a n d C i r c l e Lake Drive WestLak e Court LakeSusanHillsDrive West Lake DrLakeS u s anHillsDriveDove Court Lake Sus a n H illsDriveWestLak e D r DrakeCourtL a k e S u s a n Hills DriveLake Susan Drive Mary J a neCirLake Susan DriveChanhassenHillsDrNorthBarbara Crt LymanCourt L a k e S u s anDriveLyman Blvd (CSAH 18)PowersBlvd(C.R.17)OaksideCirLakeSusanHills Drive FlamingoDrThrush Crt Kingfisher Crt FlamingoDrLyman Blvd (CSAH 18)AudubonRoad(CSAH15)Audubon Road (CSAH 15)Pione e r T ra il(C S A H 1 4) Bluf f C r e e k D r i v e Bluff Creek Drive WestFarmRoad W est F ar mRoadHeidi Lane West F a r m R o a d Bluff CircleWest Farm RoadH e sse FarmRd Hes s e F a r m C i r c l e Blu f f C r e e k D r i v e Hesse Farm Rd CSAH 6 1 / F l y i n g C l o u d D r i v e Stoughton Ave (C.R. NO. 10)StoughtonAve(C.R.NO .10)CSAH 61/Flying Cloud Dr CSAH 61/Flyin g Cl o u d Dr CSAH 61/Flying Cloud Dr Hwy101GreatPlainsBlvdState High w ay 101 C S A H 6 1 /F ly in g C lo udDrCo Rd 61/Flyi n g Cl o u d Dr Vogelsberg T r l Hwy10 1 G r e atPlainsBlvdLakota LaneMandanCreekwood Drive Hwy101 G r e a t Pl ai nsBl v dBrambleDriveDelphinum LaneRaspberryHillHwy101GreatPlainsBlvdPioneer Trail (CSAH 14) Homestead LaneHomesteadLane FlintlockTrailH o me s t ea dLaneW. 96th Street Hwy101GreatPlainsBlvdPioneer Trail (CSAH 14) Pineview Court FoxfordRoadOverlookCrtSpringfieldDriveSpringfieldDriveS u n n y v a le D riveSunnyvale Driv e S h ore vie w C rt P a r kla n dWa y GreenleafCrtDeerfoot Trail DeerfootTrail Lyman Blvd (CSAH 18)Kiowa TrailLyman Blvd (CSAH 18)Quinn RoadL y m a n Blvd Lakev i e w R o a d E N orth B a yDr W 8 6 t h S t Ti g u a L a n e Mission H illsCrt MissionHillsLaneHwy101GreatPlainsBlvdHwy10 1 G re at Plains Blvd Lake Drive Main StreetHidden CourtHiddenLaneH iddenLaneHiddenCourtSinne n C irMa r s h Dr iveD a k o t a LaneLake Drive EastHi d d e n C i r DakotaLaneErie CirDakotaLaneErie SpurErie AveErie AveC h eyenneAveDakota Av e CheyenneAveDakota AveErie AveLake Drive East LakeDriveEastDell RoadDell RoadW 78th St. W 7 9 t h S tDakotaAveDakotaCir C heyS p u rMar sh Drive Grandview RdDakotaLnSantaFeCirES a d d le b r ookTrail Sadd l e bro o k T r a ilHighoverDriveChes Mar DrLilac Lane Lilac Lane Ridge RoadIndi a n H i l l R d Quiver Dr Napa Dr Fox Hill Dr Autum nRidgeC tAutumnRidgeW ayAutumn Ridge LNHarvest Way AutumnRidgeAveHarvestLaneAndrew Court McGlynn Drive 77th St.77th St.W 187th Ave.QuattroDrDell RoadDell RoadDell RoadBlue Sage LN E S n apdragonDrLadySlipperLN B lu e B o n n e tB lv d BlueBonnetBlvdPoppy Dr C o n e f lo w e rCrvSBane b e r r y W ay E BaneberryWayE Butt ercupCr tConeflower CrvNPrimrose PlChicory WayCentury BlvdTrailsEnd RdTrailsEndRdTrailsEndRdArboretumVillageCt.Highwood Dr MarketSt Crestview Dr ManchesterDriveChes t n utLN EdgewoodCt Expl o r e r T r .TrailsEndRdBridleCreekTr a i l BridleCreekTra i l TWIN CITIES & WESTERN RAIL R OAD TWIN CITIES & WESTERN RAILROAD TWIN CITIES & W E S T E R N R A I L R O A D W 86th St Marshland Trl Mo n k C r t R i c e CrtMissionWayHillW Mission W ayHillEHeartlandCrtBlackbirdCrt M a y f ieldCrtLake Susan DriveLake Riley DrMissionH illsDr. MissionHills Dr.Frisc oCrtCoulter Blvd.Coulter Blvd.Acorn LaneMaplewood TerMissionHillsLane MissionHillsCircleMerry Place Lone Eagle Dr Mel o d y H i l l Melody LaneCypressDriveTopaz D ri v eSapphireLaneDia m o n d C rt RubyLaneRuby La n e BaneberryWayW Clove r Cou rt Clover Court B l u e S a g eLNW WaterleafLane EWaterleafLaneW Century Cir W78thStre et Arbo r e tumVillageCir(pvt. rd)Pleasant View WayRedCedarCoveRedCedarCove Ches Mar F a r m R d Big Wood s Blvd KimberlyL n Kimberly LN Kelly Ct N ic k olasWaySantaFeCirWMulberr yCircle WMu lberry Circle EC hanhassenHillsDrSouthLakeSus anCourtHallgren Lane Country Oaks Drive Stratford LnStratfordBlvdStratfordRidge HorseshoeCrvState Hwy 5 Arboretum Boulevard W78THStreet W 7 8 T H Street Chanh assen Hills Dr North T.H.212T.H.212 T.H.212T.H.212T.H.212Centur y T r a ilArboretumVillageCirLucyRidgeCourtLucyRidgeLan eCoulter Boul e v a r dCentury BlvdCorporate Place Village Lane Village Crt Powers BlvdWestwood DrVillage Cir Village PlVi l lage S t CoachCtC oac h D r Arboretum V illa geTrCoachLnCoach PlArboretum Vill. Ln.Century CtCentury PlArboretum Village Crv ArboretumVillagePl.W78TH Street Murray Hill Crt LakeDrive P ond P r o m e n a dePipewoodCurvePipewood LanePipewood Curve Leslee Curv e Emerald L a n e RubyLaneTopaz Drive Ridgeview Point WaterTower Place VassermanTr RidgeviewWayRi d g e v i e w W a y Mohawk DrPawnee DriveArbor LaneWashtaBay Ct D a rtm o u t h Drive Ridgehill RdTristin K n ol l TristinDrive Wash t aB ayRoad KNOB HILL LANE Vasser manTrailVassermanPlace Hickory Rd Hickory Road Shenandoah GoldenCourtTreetop RoadMill Creek LnKings Road Kings RoadPipewoodCrt PipewoodCir W79th S t Great Plains BlvdGreat Plains BlvdS te llersCtPinehurstDrAmberwoodLaneAld e r W a y Fox D r LakeHarrison C ircle Lake HarrisonRoad High o v e r T r a ilGal pinCourtL ongacresD riv eArrowheadLnGunflintTrailHighcrestCirHighoverDrHighoverCrtNPipewood Lane StonefieldLaneB luffCreekBlvdColonial Ln Plymouth Ln Freedom LnIndependence CirI n d e pendenceCirHorseshoe LnBlaze TrlBluffCreekBlvdEllendale LnPembrokePass DeglerCircle RiverRockDriveN78thStW BeaconCrtWatersEdgeDrWaters Edge DrFoxHollowCtCrossroadsBlvdCo lu mb ia Ln Com monwealth Blvd Bluff Creek BlvdHwy 101 Great Plains BlvdWestwoo d D r Westwood DrSouthwest Village Dr Southwest Village DrApple Tree LaneBluffCreekDriveM a ya pplePassH e m lo ckW a yMills DriveMills Drive Lake Riley DrHallgren Ct 682 9RockyIsl a ndLN RileyRidge Arrow-head Ct ReflectionsRdChesterfieldLnMotorplex CtC o u l t e r Boulevard Reflections RdBellevueCtL a k eviewRoadEDegler CircleHemlock Way Hemlock Wa y Cottongrass Ct M a rig o ld C o u rtWyn s o n g L N Jeurissen LnRiverRock D r SRiver Rock Dr NRive r RockDriveS C a m d en RidgeDrHenryCo urtSouthWestVillage LoopStrawberryL a n e S t r aw b e r r y L a n e Fa wnHi llRoad Pres e r v eCtDegler LNRiver Rock Dr N StateHWY101EagleRidgeRdHawkcrestCir HawkcrestCtEagle CtEagleRidgeRdCrossroad Ct AnthemPlace Potential Property AcquisitionTaxparcel µ 0 2,000 4,000 6,000 8,0001,000 FeetDelphinum LaneRaspberryHillPioneer Trail (CSAH 14)FlintlockTrailH o me s t ea dLanePioneer Trail (CSAH 14) Pictometry 2017 0 500 1,000250Feet Potential Property Acquisition K:\NickLH\Projects\PW\Engineering\For Paul\2018\January\PropertyAcquis\Property Acquistion_V2.mxd 209061v1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION NO. _____ A RESOLUTION DECLARING 770 PIONEER TRAIL NO LONGER NEEDED WHEREAS, the City of Chanhassen owns the property located at 770 Pioneer Trail and legally described as follows in fee simple: The South Half (S1/2) as measured along the East and West lines thereof, of the West 155.0 feet, as measured along the North and South lines thereof, of the East 10 acres of the South Half of the Northeast Quarter (S1/2 NE1/4) of Section 26, Township 116, Range 23, Carver County, Minnesota. ; and WHEREAS, the Riley Purgatory Bluff Creek Watershed District (“RPBCWD”) is a local government with boundaries based on the watersheds of Riley, Purgatory, and Bluff Creeks; and WHEREAS, the RPBCWD and the City have discussed the transfer of this property for a flood management and wetland restoration project administered by RPBCWD concurrent with adjacent properties already owned by RPBCWD; and WHEREAS, the property is financed by a general obligation bond and must be declared no longer needed by the City in order to be in compliance with the requirements of the Minnesota Management and Budget Commissioner, in order to approve a transfer to RPBCWD. WHEREAS, the land is no longer needed by the City for water management purposes since RPBCWD will be administering the project. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota: 1. The property located at 770 Pioneer Trail is no longer needed by the city to carry out the purpose for which it was acquired. PASSED AND ADOPTED this _____ day of ________, 2020, by the City Council of the City of Chanhassen, Minnesota CITY OF CHANHASSEN By, ________________________________ Elise Ryan, Mayor ATTEST: _________________________ Todd Gerhardt, City Manager CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject Resolution 2020­XX: Approve Entering into a Cooperative Agreement with MnDOT for the Highway 101 Planting Project Section CONSENT AGENDA Item No: D.8. Prepared By Jill Sinclair, Environmental Resources Coordinator File No:  PROPOSED MOTION “The City Council approves the attached resolution entitled MnDOT Community Roadside Landscaping Partnership Program Authorization Resolution, TH 101 Planting Project.” Approval requires a Simple Majority Vote of members present. DISCUSSION The Chanhassen Rotary Club and the City of Chanhassen have partnered for the last couple of years on an annual spring planting project along Highway 101.Previous project sites have been within Carver County right­of­way along 101.This year’s planting site will be at the northwest intersection of Highway 101 and Lyman Boulevard.The right­ of­way is under the jurisdiction of MnDOT. Because of that, it is necessary for the City to apply for approval to plant within the right­of­way and enter into a Cooperative Agreement if approved.The cost of past years’ projects have been shared between the city and the Rotary and the same agreement will be in effect this year.The city is not requesting any assistance from the state, just permission to plant within the right­of­way. RECOMMENDATION Staff recommends that the City Council adopt the following motion: “The City Council approves the attached resolution entitled MnDOT Community Roadside Landscaping Partnership Program Authorization Resolution, TH 101 Planting Project.” ATTACHMENTS: MNDOT Community Landscape Resolution CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: March 9, 2020 RESOLUTION NO: MOTION BY: SECONDED BY: MN DOT COMMUNITY ROADSIDE LANDSCAPING PARTNERHIP PROGRAM AUTHORIZATION RESOLUTION TH 101 PLANTING PROJECT NOW THERE BE IT RESOLVED that the City of Chanhassen is interested in entering into an agreement with MNDOT for a tree planting project on State Trunk highway 101 and Lyman Boulevard to be conducted on Saturday, May 2, 2020. BE IT FURTHER RESOLVED Jill Sinclair is hereby authorized to apply to the Minnesota Department of Transportation for approval of this project on behalf of the City of Chanhassen. Passed and adopted by the Chanhassen City Council this 9th day of March, 2020. ATTEST: Todd Gerhardt, City Manager Elise Ryan, Mayor YES NO ABSENT CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject 2020 Chanhassen Farmers' Market Agreement Section CONSENT AGENDA Item No: D.9. Prepared By Jerry Ruegemer, Recreation Superintendent File No: RA­648 PROPOSED MOTION "The Chanhassen City Council approves the 2020 agreement with the Chanhassen Farmers' Market to coordinate a farmers' market every Saturday from 9am­1pm at City Center Park from June 6 through October 3, 2020." Approval requires a Simple Majority Vote of members present. BACKGROUND The Chanhassen Farmers' Market has been coordinated and managed by community volunteers since 2004 and has been a popular Saturday morning destination for residents to pick up fresh produce, flowers, and other items. Staff had conversations with Laurie Lorenz who coordinated the 2019 farmers' market and she informed the city that she retired from coordinating the market. The city is very excited to introduce a new coordinator and her name is Jessica Pettingill.  Ms. Pettingill is the owner and chef at Cafe' Thyme in Chanhassen.  The agreement between the City of Chanhassen and the Chanhassen Farmers' Market has been updated and Ms. Pettingill has also updated rules, regulations, and vendor applications, which are also available on the Farmers' Market website and Facebook page. The attached map shows the designated area in City Center Park where vendors can set up to the sell their products, which has helped the farmers' market operate more efficiently.  RECOMMENDATION The Chanhassen City Council approves the 2020 agreement with the Chanhassen Farmers' Market to coordinate a farmers' market every Saturday from 9am­1pm at City Center Park from June 6 through October 3, 2020. ATTACHMENTS: Farmers Market Agreement Farmers' Market Map Vendor Application Charitable Organization Application Chanhassen Farmers’ Market Agreement 1. Farmers’ Market representatives will coordinate a Farmers’ Market Saturday mornings from June 6 through October 3, 2020; 9:00 am – 1:00 pm at City Center Park. 2. All vendors shall be restricted to the area depicted on the site map. 3. No vendor shall be allowed within the right-of-way of Market Boulevard. 4. Each vendor shall comply with all state and local regulations and provide proof of appropriate liability insurance. These documents, or copies thereof, shall be made available upon request. 5. The coordinator(s) of the Farmers’ Market shall be on the premises during weekly set-up, operation, and take-down of the market. 6. The Farmers’ Market shall provide its own barricades to block off and designate the vending area of the Farmers’ Market. 7. Each vendor shall provide for and remove its own trash. 8. The City of Chanhassen and the Chanhassen Library shall be permitted at various times to display and/or sell various items pertinent to their operations. 9. The Farmers’ Market coordinator(s) shall submit an annual report to the City Council at the close of each season. 10. The City retains the right to close the Farmers’ Market for any reason with one week’s notice. 11. The Farmers’ Market will be covered under the City of Chanhassen’s Comprehensive General Liability insurance policy to cover the Farmers’ Market operation. 12. The Farmers’ Market shall utilize portable restrooms already on-site in City Center Park. City Of Chanhassen BY: ________________________________ DATE: _____________________________ Chanhassen Farmers’ Market Coordinator BY: ________________________________ DATE: _____________________________ G:\PARK\Farmers Market\Chanhassen Farmers Market Agreement 2020 1 in ch = 30 feet CHANHASSEN FARMERS' MARKET CITY CENTER PARK APPROVED AREA ¯ 2020 Chanhassen Farmer’s Market Rules, Regulations and Application www.chanhassenfarmersmarket.org Please complete application to be reviewed for approval as a vendor. Completed applications should be e- mailed to chanhassenfarmersmarket@gmail.com. ALL VENDORS (NEW OR RETURNING) MUST HAVE THE APPLICATION FILLED OUT AND SUBMITTED TO US NO LATER THAN APRIL 30th, 2020. We will review applications beginning May 1st, 2020. We always give preference to returning seasonal vendors, but will also be reviewing new vendor applications as well. We will let ALL applicants know by May 8th, 2020, whether or not they have been selected to be a vendor for the 2020 season. FEES: All fees must be paid in advance before stall spaces will be assigned. Stall fees are listed below under the “STALL FEES” section. Stall fee payments must be made by May 29th, 2020. We accept a variety of payment types: Check, Money Order or Cash. Checks should be made out to “Chanhassen Farmer’s Market”. Payments can be sent to: Jessica Pettingill RE: Chanhassen Farmer’s Market 8702 Chanhassen Hills Dr N Chanhassen, MN 55317 TIME AND PLACE: Saturdays, June 6th through October 3rd, 2020; 9:00 am – 1:00 pm at City Center Park, Chanhassen, Minnesota. The first parking lot north of 78th street will be reserved for the market. QUESTIONS? Ask the Market Manager. The Market Manager is Jessica Pettingill and she can be reached by calling (650) 520-7591 or by E-mailing: chanhassenfarmersmarket@gmail.com . Applicant Contact Information Date: _____________________________________________________________________________________ Business Name: _____________________________________________________________________________ Primary Contact Name: ______________________________________________________________________ Cell Phone: ________________________________________________________________________________ Email Address: _____________________________________________________________________________ Vendor Business and Product Information Selling Privileges: Only members of the Chanhassen Farmer’s Market are extended selling privileges. Membership is included in the stall fee. What Can Be Sold: 1) Produce 2) Plants and flowers 3) Processed or Prepared Food 4) Handmade goods 5) Local business products approved by market representatives Products (Please list all products, products not listed cannot be sold): _________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Address where products are grown/made: _______________________________________________________ _________________________________________________________________________________________ Minnesota Sales Tax ID Number (if applicable): ___________________________________________________ REQUIRED FORMS: ST-19 Minnesota Revenue Operator Certificate of Compliance Form Certificate of Liability Insurance with ‘Chanhassen Farmers’ Market, City Center Park, Chanhassen, MN 55317’ named as Certificate Holder Please Check the appropriate box for your vendor type and provide all additional information requested: Produce Fruits and Vegetables grown by Farmers on land within 50 miles of Chanhassen, Minnesota. Plants and Flowers Plants and cut flowers grown on land within 50 miles of Chanhassen, Minnesota. Plant sellers must grow bedding plants and potted plants from seed, plug, cutting, bulbs or bare root. No resale of prefinished plants is allowed. Transplanted plants must be grown to the point where the roots fill the pot (roots hold the soil when the pot is removed). Processed Food Those who sell processed food, which they have prepared. Processors are person or entities offering fresh food products (such as meats, seafood, ciders, baked goods, jams, etc.) that have added value to their product through some sort of “hands-on” processing (e.g., smoked or butcher meats, handmade candies, etc.). All processors’ permits and licenses shall be displayed whenever a processor is selling at the Chanhassen Farmers’ Market. Processors must produce their products in Minnesota or be Minnesota based. Processed food products should use ingredients from Minnesota farms as much as possible. The Chanhassen Farmers’ Market shall give stall preference to processors using ingredients from Minnesota farms or waters. These include raw agricultural products that have been processed by the vendor, or any product, the sale of which a government agency regulates. Examples are milk, cheese, oils, vinegars, meats, poultry, eggs, honey, soap, and herbal preparations. Agricultural products licensed, inspected or otherwise regulated by the federal government, the State of Minnesota, Carver County, or the City of Chanhassen may be sold only upon the Farmer’s Market’s receipt and acceptance of required documentation of compliance with all regulations. Vendors must abide by all applicable federal, state, and local health regulations. In addition, they must adhere to federal guidelines on all labels. If you are selling any canned, processed, or baked food items: Are these items made in a licensed and inspected commercial kitchen? (please circle) Yes No If yes, provide the name and address of the commercial kitchen: _____________________________________ __________________________________________________________________________________________ If yes, you must provide a copy of your MN Dept. of Agriculture Retail Mobile Food Handler and/or applicable license with this application. Are these items prepared in your home? (please circle) Yes No If yes, you must provide a copy of your Cottage Food Producer Registration from the MN Dept. of Agriculture with this application. If you are selling any meat products: Are they USDA-inspected and approved? (please circle) Yes No If yes, you must provide a copy of applicable licenses. Prepared Food (Concessionaires) Prepared food vendors offer freshly made foods, available for sale and immediate consumption on-site at the Chanhassen Farmers’ Market. Prepared food vendors shall process and maintain all required state, county, and local permits. Prepared food vendors should use ingredients produced in Minnesota as much as possible. When selecting prepared food vendors, the Chanhassen Farmer’s Market will encourage vendors to provide a good variety of healthy goods, and will give preferences to vendors using ingredients produced in Minnesota. Certain vendors may be restricted due to contractual obligations of the farmers’ market. You must provide a copy of all applicable licenses. Handmade Goods Non-profit Organizations: Tax ID #: ________________________________ Community Booth: 501c’s can sign up for a booth at no charge once per season. Priority will be given to those organizations that reside in Chanhassen and/or support Chanhassen. Non-profit organizations may not sell anything. Organization will need to provide booth supplies: tent, table, chairs, etc. Stall Fees Full-season or Weekly vendor? (please circle below) Full-season fee per stall: $150 Weekly fee per stall: $25 Fees and Space Assignment: Stalls are approximately 10 x 10 feet in size. Limited stalls with access to electricity or room for vehicles are available. Returning vendors must return application and pay full fee by April, 30th, 2020 to reserve a stall as well as product exclusivity. Stall spaces for full-season vendors will be reserved for the full season. Weekly vendors must pay at least one week in advance to reserve a stall space. The Market Manager will assign stall spaces for all vendors. Number of stalls required: __________________ Stall space preference: _______________________________________________________________________ Do you need a space for a vehicle in your stall? (please circle) Yes No Do you need electricity? (please circle) Yes No Approximate arrival time each Saturday: ________________________________ Farmer’s Market Day Arrival/Departure Procedure: The market hours are from 9:00 am – 1:00 pm, each Saturday. Arrival and setup time will be 7:00 am to 8:45 am. All vendors must be ready for business by 9:00 am. For safety reasons the designated parking lot area for the market will be closed to ALL traffic starting at 9:00 am through 1:00 pm. Early take-down and departure before closing time will not be allowed. Exceptions may be made in case of emergency – please see the Market Manager. No sales should be made prior to 9:00 am. Please check the Saturdays you will be in attendance (full-time vendors must complete also): June 6 June 13 June 20 June 27 July 4 (closing at 12:30 for parade) July 11 July 18 July 25 Aug 1 August 8 August 15 August 22 August 29 September 5 September 12 September 19 September 26 October 3 IMPORTANT: If you cannot attend a market you were originally scheduled to be at, you must notify the market manager one week in advance. Vendor Publicity Both the market and the vendor can benefit from promotion. We are regularly updating our website, planning social media efforts, and considering new forms of promotion. Please check the pieces of information that we may share with the public. We will not share any information that is not checked below: Website: ______________________________________________________________________ Facebook: _____________________________________________________________________ Twitter: ______________________________________________________________________ Instagram: ____________________________________________________________________ Other: ________________________________________________________________________ Rules and Regulations Miscellaneous/Appearance and Conduct: 1. Vendors will be neat, suitably dressed (shirt and shoes), and deal with the public and fellow vendors in a courteous and appropriate manner at all times. 2. All vendors will display their products neatly and attractively, with consideration for the other vendors and public. Vendors must remain at their stall for the duration of each market. 3. Vendors are responsible for their own stalls, will supply all necessary trash containers, and will leave their site clean and in a condition suitable to the Market Manager and the City of Chanhassen. Each member will remove containers, waste, and trimmings before leaving the market. 4. Vendors will in no way cause detriment to other vendors. 5. No rummage sale, second hand, or flea market type items may be sold. 6. Space dimensions must be respected. Do not block the view of other vendors, the flow of traffic, or encroach on areas assigned to other vendors. 7. Alcoholic beverages may not be sold, consumed, or advertised at the market. 8. Vendors are required to post an identification sign in a prominent place stating the vendor name, product, and area they are from. 9. All vendors are expected to clean up in and around their stall after usage. This includes the parking lot. 11. All vendors are responsible for providing, setting up, and taking down their own display/stall materials. Vendors must provide tent weights for any tent structure. 12. No smoking will be allowed with-in the area designated for the market. Membership • Membership fee is included in stall fees. By becoming a member, the vendor agrees to the terms of the Rules and Regulations and the Bylaws of the Chanhassen Farmers’ Market. • All vendors need to provide their own insurance. • As condition of membership, the member agrees to release and hold the Chanhassen Farmers’ Market, its directors, officers, agents, and employees harmless from all claims related to or arising from such membership. Chanhassen Farmers’ Market reserves the right to prohibit anyone from selling at the Farmers’ Market. • Members are expected to comply with any government regulation that may be in effect for activities that take place at the Farmers’ Market. These include certification of scales, health rules applicable to samples and food display, statements about being organically grown, eggs, etc. • Food vendors are responsible for providing proper “product liability” insurance. Product liability insurance is necessary because customers may have allergic reactions or may experience illness due to some chemical residue, product acidity, food spoilage, or other food-safety relate issues. • Compliance with all Health, Fire, and Police Department codes and regulations as well as state Health and Revenue Departments, and the Center for Disease Control codes and regulations is required. These agencies have the final say in any dispute in the operation of the Farmers’ Market. These codes and regulations will also apply to the preparation of food on-site including food samples. • Vendors found to be in violation of one or more rules may be suspended from selling at the Farmers’ Market. • Anyone who fails to comply with the Rules and Regulations or the Bylaws may have their membership terminated with no refund of dues or fees. Market Rules Please initial each statement: _____ I understand that I must be actively involved in the planting, growing, harvesting, processing and/or making of products I sell at the market. Reselling is prohibited unless I receive express permission from the market management. _____ I agree that the City of Chanhassen and its respective officers, employees, agents, and consultants are not liable for any injury, theft, or damage to either the buyer or seller, or their property, arising out of or pertaining to preparation for or participation in the 2020 Chanhassen Farmers’ Market; whether such injury, theft or damage occurred prior, during, or after the 2020 Chanhassen Farmers’ Market. Applicant further agrees to indemnity, defend and hold harmless the City of Chanhassen and its respective officers, employees, agents, and consultants for and against any claims for injury, theft or damage resulting from my fault. _____ I have read and agree to abide by all City of Chanhassen 2020 Farmers’ Market rules. ______________________________________________ ______________________________ (Signature of applicant) (Date) 2020 Chanhassen Farmer’s Market Community Booth Application www.chanhassenfarmersmarket.org Please complete this application to be reviewed for a Community/Non-Profit Booth. Completed applications should be e-mailed to chanhassenfarmersmarket@gmail.com. ALL APPLICATIONS MUST BE FILLED OUT AND SUBMITTED TO US NO LATER THAN APRIL 30th, 2020. We will review applications beginning May 1st, 2020. We will let ALL applicants know by May 8thth, 2020, whether or not they have been selected to be a vendor for the 2020 season. TIME AND PLACE: Saturdays, June 6th through October 3rd, 2020; 9:00 am – 1:00 pm at City Center Park, Chanhassen, Minnesota. The first parking lot north of 78th street will be reserved for the market. QUESTIONS? Ask the Market Manager. The Market Manager is Jessica Pettingill and she can be reached by calling (650) 520-7591 or by E-mailing: chanhassenfarmersmarket@gmail.com . Applicant Contact Information Date: _________________________________________ Business Name: ____________________________________________________________________________ Primary Contact Name: ______________________________________________________________________ Cell Phone: _______________________________________ Email Address: _____________________________________________________________________________ Organization Description: ___________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Address: __________________________________________________________________________________ __________________________________________________________________________________________ Required Forms: Certificate of Liability Insurance with ‘Chanhassen Farmers’ Market, City Center Park, Chanhassen, MN 55317’ named as Certificate Holder Non-profit Organizations: Tax ID #: ________________________________________ Community Booth: 501c’s can sign up for a booth at no charge once per season. Priority will be given to those organizations that reside in Chanhassen and/or support Chanhassen. IMPORTANT: Non-profit organizations may not sell anything. Organization will need to provide booth supplies: tent, table, chairs, etc. Fees and Space Assignment: Stalls are approximately 10 x 10 feet in size. The Market Manager will assign stall spaces for all vendors. Farmer’s Market Day Arrival/Departure Procedure: The market hours are from 9:00 am – 1:00 pm, each Saturday. Arrival and setup time will be 7:00 am to 8:45 am. All vendors must be ready for business by 9:00 am. For safety reasons the designated parking lot area for the market will be closed to ALL traffic starting at 9:00 am through 1:00 pm. Early take-down and departure before closing time will not be allowed. Exceptions may be made in case of emergency – please see the Market Manager. Please check the Saturdays you are available and indicate your 1st, 2nd and 3rd preference next to each date: June 6 June 13 June 20 June 27 July 4 (closing at 12:30 for parade) July 11 July 18 July 25 August 1 August 8 August 15 August 22 August 29 September 5 September 12 September 19 September 26 October 3 Publicity Both the market and the vendor can benefit from promotion. We are regularly updating our website, planning social media efforts, and considering new forms of promotion. Please check the pieces of information that we may share with the public. We will not share any information that is not checked below: Website: _____________________________________________________________________________ Facebook: _____________________________________________________________________ Twitter: _______________________________________________________________________ Instagram: _____________________________________________________________________ Other: ________________________________________________________________________ Rules and Regulations Miscellaneous/Appearance and Conduct: 1. Vendors will be neat, suitably dressed (shirt and shoes), and deal with the public and fellow vendors in a courteous and appropriate manner at all times. 2. All vendors will provide a neat and attractive display, with consideration for the other vendors and public. Vendors must remain at their stall for the duration of each market. 3. Vendors are responsible for their own stalls, will supply all necessary trash containers, and will leave their site clean and in a condition suitable to the Market Manager and the City of Chanhassen. Each member will remove containers, waste, and trimmings before leaving the market. 4. Vendors will in no way cause detriment to other vendors. 5. No rummage sale, second hand, or flea market type items may be sold. 6. Space dimensions must be respected. Do not block the view of other vendors, the flow of traffic, or encroach on areas assigned to other vendors. 7. Alcoholic beverages may not be sold, consumed, or advertised at the market. 8. Vendors are required to post an identification sign in a prominent place stating the vendor name, product, and area they are from. 9. All vendors are expected to clean up in and around their stall after usage. This includes the parking lot. 11. All vendors are responsible for providing, setting up, and taking down their own display/stall materials. Vendors must provide tent weights for any tent structure. 12. No smoking will be allowed with-in the area designated for the market. • All vendors need to provide their own insurance. • All vendors agree to release and hold the Chanhassen Farmers’ Market, its directors, officers, agents, and employees harmless from all claims related to or arising from such membership. Chanhassen Farmers’ Market reserves the right to prohibit anyone from selling at the Farmers’ Market. • Members are expected to comply with any government regulation that may be in effect for activities that take place at the Farmers’ Market. • Compliance with all Health, Fire, and Police Department codes and regulations as well as state Health and Revenue Departments, and the Center for Disease Control codes and regulations is required. These agencies have the final say in any dispute in the operation of the Farmers’ Market. These codes and regulations will also apply to the preparation of food on-site including food samples. • Vendors found to be in violation of one or more rules may be suspended from selling at the Farmers’ Market. Market Rules Please initial each statement: _____ I agree that the City of Chanhassen and its respective officers, employees, agents, and consultants are not liable for any injury, theft, or damage to either the buyer or seller, or their property, arising out of or pertaining to preparation for or participation in the 2020 Chanhassen Farmers’ Market; whether such injury, theft or damage occurred prior, during, or after the 2020 Chanhassen Farmers’ Market. Applicant further agrees to indemnity, defend and hold harmless the City of Chanhassen and its respective officers, employees, agents, and consultants for and against any claims for injury, theft or damage resulting from my fault. _____ I have read and agree to abide by all City of Chanhassen 2020 Farmers’ Market rules. ______________________________________________ ______________________________ (Signature of applicant) (Date) CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject 2020 CIP Vehicle Purchases Section CONSENT AGENDA Item No: D.10. Prepared By Charlie Howley, Public Works Director/City Engineer File No: n/a PROPOSED MOTION “The City Council approves purchase of three (3) vehicles and one (1) mower identified in the CIP as EQ­016, EQ­ 029, EQ­062 and EQ­154.” Approval requires a Simple Majority Vote of members present. SUMMARY Annually, the City considers replacement of vehicles and equipment that have reached their average life expectancy and are showing signs of needing major maintenance.  It has been the City’s practice to replace this equipment before major repairs are required.  These vehicles and equipment have to be reliable to maintain appropriate City services. These items are identified in the current 2020 CIP and the expenses are all under the budgeted amounts. DISCUSSION 1.  STREET DEPARTMENT – DUMP TRUCK, PLOW AND WING (EQ­016) The 1998 Ford L8513 (#124) single­axle dump truck to be replaced is 22 years old.  The Ford Motor Company discontinued building these trucks in late 1998.  It is getting more difficult to procure parts for these vehicles.  This truck is used year round for snowplowing, sanding, blacktopping and hauling fill.  As this truck is getting older, we are doing more major repairs like replacing the head gasket and the brakes will need to be replaced soon. 2020 Mack single axle chassis                                                $107,540.00 (Plus tax, license, registration) JCraft plow/wing, box, sander, hydraulics                              $104,627.00    Trade #124                                                                              ($8,000.00) Total                                                                                       $204,167.00 Budget Amount                                                                     $221,000.00 2.  STREET DEPARTMENT ­ PICKUP WITH UTILITY BOX (EQ­029) CITY COUNCIL STAFF REPORTMonday, March 9, 2020Subject2020 CIP Vehicle PurchasesSectionCONSENT AGENDA Item No: D.10.Prepared By Charlie Howley, Public WorksDirector/City Engineer File No: n/aPROPOSED MOTION“The City Council approves purchase of three (3) vehicles and one (1) mower identified in the CIP as EQ­016, EQ­029, EQ­062 and EQ­154.”Approval requires a Simple Majority Vote of members present.SUMMARYAnnually, the City considers replacement of vehicles and equipment that have reached their average life expectancyand are showing signs of needing major maintenance.  It has been the City’s practice to replace this equipment beforemajor repairs are required.  These vehicles and equipment have to be reliable to maintain appropriate City services.These items are identified in the current 2020 CIP and the expenses are all under the budgeted amounts.DISCUSSION1.  STREET DEPARTMENT – DUMP TRUCK, PLOW AND WING (EQ­016)The 1998 Ford L8513 (#124) single­axle dump truck to be replaced is 22 years old.  The Ford Motor Companydiscontinued building these trucks in late 1998.  It is getting more difficult to procure parts for these vehicles.  Thistruck is used year round for snowplowing, sanding, blacktopping and hauling fill.  As this truck is getting older, we aredoing more major repairs like replacing the head gasket and the brakes will need to be replaced soon.2020 Mack single axle chassis                                                $107,540.00(Plus tax, license, registration)JCraft plow/wing, box, sander, hydraulics                              $104,627.00   Trade #124                                                                              ($8,000.00)Total                                                                                       $204,167.00Budget Amount                                                                     $221,000.00 2.  STREET DEPARTMENT ­ PICKUP WITH UTILITY BOX (EQ­029) The 2004 pickup (#101) to be replaced is 16 years old.  This vehicle is mainly used to maintain the street signs in the City.  With the age of this vehicle, the body, chassis and brake lines are getting very rusty.  This pick up will be purchased off of the State of Minnesota Contract. 2020 Chevrolet 2500 4x4 pickup                                             $28,394.14 (Plus tax, license, registration) Utility service body                                                                  $15,135.00 Post driver and accessories                                                      $2,295.69 Total                                                                                         $45,824.83 Budget Amount                                                                       $50,000.00 3.  UTILITY DEPARTMENT – PICKUP WITH PLOW (EQ­062) The 2006 pickup (#305) to be replaced is 14 years old.  This pickup is used to maintain the utility department infrastructure.  The body and chassis are getting very rusty from the years of use.  This truck would be sold on auction with an estimated value of $2500. 2020 Chevrolet 2500 4x4 pickup                                            $29,256.54 (Plus tax, license, registration) 2020 Western ProPlus snow plow                                          $  5,771.00 Strobe light and mount                                                           $     750.00 Tool boxes                                                                              $  2,109.87 Total                                                                                       $37,887.41 Budget Amount                                                                     $43,000.00 4.  PARK DEPARTMENT – ZERO TURN MOWER (EQ­154) The 2005 Toro 60­inch zero turn mower (#462) to be replaced is 15 years old with 1925 hours on the meter.  This mower is due to be replaced because of the wear over the years and is likely to need expensive repairs like hydraulic motors or a hydrostatic pump.  This mower would be sold on auction with an estimated value of $2000. 2020 Toro ZMaster 7000 60” Mower                                    $14,021.69 Total   $14,021.69 Budget Amount                                                                     $18,000.00 RECOMMENDATION Staff recommends approval of the identified CIP vehicle/equipment purchases. CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject 2020­2022 4th of July Fireworks Contract Section CONSENT AGENDA Item No: D.11. Prepared By Jerry Ruegemer, Recreation Superintendent File No:  PROPOSED MOTION The City Council award a three­year contract (2020­2022) to Pyrotechnics Display, Inc. for the provision of 4th of July fireworks in the amount of $23,000 per year, including the addendum prepared by the city attorney." Approval requires a Simple Majority Vote of members present. SUMMARY In preparing for the upcoming 4th of July Celebration, quotes were solicited for the 2020, 2021 and 2022 fireworks shows from Precocious Pyrotechnics, Inc., Ace Pyrotechnics, Hollywood Pyrotechnics and Pyrotechnic Display, Inc. Due to the nature of fireworks shows, staff instructed each company to submit a quote for the budgeted amount of $23,000. They city received only one quote from Pyrotechnic Display, Inc. After reviewing the quote from Pyrotechnic Display, Inc., they met all specifications and are offering quality shows with an opening body, main body, mid­show barrage and grand finale.  Pyrotechnics Display, Inc. has been providing Chanhassen’s 4th of July fireworks display for over 30 years. During this time, Pyrotechnic Display, Inc. has consistently displayed a high level of professionalism, a great safety record, and always offered a variety of high­quality products to produce excellent shows. Pyrotechnics Display, Inc. has provided a very strong quote by fulfilling all of the quote requirements, offering a balanced and enjoyable show that will include a mid­show barrage. BACKGROUND At their February 26 Park and Recreation Commission meeting the commission reviewed the 2020­2022 4th of July Fireworks Contract and after discussing the item Commissioner Tsuchiya made a motion that the Park and Recreation Commission recommend the City Council approve the 2020­2022 4th of July Fireworks Contract; Commissioner Petouvis seconded the motion.  The motion passed unanimously 6­0. RECOMMENDATION It is staff’s recommendation that the City Council approve a three­year 4th of July Fireworks contract (2020­2022) CITY COUNCIL STAFF REPORTMonday, March 9, 2020Subject2020­2022 4th of July Fireworks ContractSectionCONSENT AGENDA Item No: D.11.Prepared By Jerry Ruegemer, RecreationSuperintendent File No: PROPOSED MOTIONThe City Council award a three­year contract (2020­2022) to Pyrotechnics Display, Inc. for the provision of 4th ofJuly fireworks in the amount of $23,000 per year, including the addendum prepared by the city attorney."Approval requires a Simple Majority Vote of members present.SUMMARYIn preparing for the upcoming 4th of July Celebration, quotes were solicited for the 2020, 2021 and 2022 fireworks showsfrom Precocious Pyrotechnics, Inc., Ace Pyrotechnics, Hollywood Pyrotechnics and Pyrotechnic Display, Inc. Due to thenature of fireworks shows, staff instructed each company to submit a quote for the budgeted amount of $23,000.They city received only one quote from Pyrotechnic Display, Inc. After reviewing the quote from Pyrotechnic Display,Inc., they met all specifications and are offering quality shows with an opening body, main body, mid­show barrageand grand finale. Pyrotechnics Display, Inc. has been providing Chanhassen’s 4th of July fireworks display for over 30 years. Duringthis time, Pyrotechnic Display, Inc. has consistently displayed a high level of professionalism, a great safety record, andalways offered a variety of high­quality products to produce excellent shows.Pyrotechnics Display, Inc. has provided a very strong quote by fulfilling all of the quote requirements, offering abalanced and enjoyable show that will include a mid­show barrage.BACKGROUNDAt their February 26 Park and Recreation Commission meeting the commission reviewed the 2020­2022 4th of JulyFireworks Contract and after discussing the item Commissioner Tsuchiya made a motion that the Park and RecreationCommission recommend the City Council approve the 2020­2022 4th of July Fireworks Contract; CommissionerPetouvis seconded the motion.  The motion passed unanimously 6­0.RECOMMENDATION It is staff’s recommendation that the City Council approve a three­year 4th of July Fireworks contract (2020­2022) with Pyrotechnic Display, Inc. in the amount of $23,000 per year. This amount is included in Fund 1600 of the budget. The 2020 fireworks display will take place on Saturday, July 4 at 10 p.m. at Lake Ann Park. ATTACHMENTS: Request For Proposal Pyrotechnic Display Quote Contract With Pyrotechnics Display, Inc Addendum To Contract CITY OF CHANHASSEN REQUEST FOR PROPOSAL AND QUOTE The City of Chanhassen is seeking a licensed Pyrotechnical Professional for the fireworks display on July 4, in 2020, 2021 and 2022 at Lake Ann Park. Quotes are due by Monday, February 10, 2020 at 12:00 noon. The City of Chanhassen reserves the right to accept or reject any bid as is deemed to be in the best interest of the City. ISSUING OFFICE The RFP is issued by the City of Chanhassen Parks & Recreation Department. All correspondence regarding the RFP should be addressed to: Priya Tandon, City of Chanhassen, 7700 Market Blvd., P.O. Box 147, Chanhassen, MN 55317. Any repairs or restorations required on or outside the property limits due to the Contractor’s carelessness shall be repaired by the Contractor at their expense. The City of Chanhassen will determine the scope of the property damage. Scope of Work and Specifications A. Display must be a minimum of 18 minutes in length and not exceed 21 minutes. B. Display should consist of a broad spectrum of product providing a balanced assortment of shells. C. Display presentation must be staffed and executed by trained and licensed personnel in pyrotechnics. D. Shells selected should be of the best quality from a variety of foreign and domestic producers. Display should include a spectrum of styles, patterns and sound effects. E. Display should include an opening segment, a main show body with good themes and style, a mid- show barrage, a pre-teaser finale, and close with a distinct grand finale. F. All shells must be fired with an electronic computer firing system. There should be no gaps of time between shells, good display pacing, multiple firing, tailed affect and a choreographed control of the display execution. G. Shells shall not exceed 10-inches in diameter as the safety zone is 750 feet from spectators. H. Contractor must agree to be available for display on back-up date, generally on July 5, of each contracted year. The specific date will be identified in the Contract for Services. I. In the event the display is canceled for any reason, contractor is responsible for securing product and equipment in the staging area. Contractor is also responsible for providing security needed for equipment, product and staging area until the display is executed on the back-up date. J. City will barricade “Drop zone” area and determine staging location. K. Staging area for firing display will be ready for set-up at 8:00 a.m. on the date of the event. L. Contractor is required to provide security at staging area for equipment and product during pre- event set-up and up through display. M. Contractor must be licensed by the state of Minnesota for pyrotechnic displays and obtain all necessary permits and shall comply with all applicable ordinances, statutes and rules. N. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the duration of this Agreement shall be named as additional insured on a primary and non-contributory basis on the Comprehensive general liability insurance. Contractor shall furnish the City a certificate of insurance satisfactory to the City evidencing the required coverage: Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Contractual Liability (identifying this Agreement) Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Comprehensive Automobile Liability (owned, non-owned, and hired): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each accident $2,000,000 aggregate O. Contractor must obtain and maintain for the duration of this Agreement, statutory Worker’s Compensation Insurance and Employer’s Liability Insurance as required under the laws of the State of Minnesota. P. Contractor shall indemnify and hold harmless the City of Chanhassen and its agents, officers, and employees from and against all claims, damages, losses, judgments, and expenses, including but not limited to attorney's fees arising out of or resulting from the contractor’s performance or failure to perform this Agreement. Q. All subcontractors must be identified and are subject to the City’s approval. R. Contractor will be required to attend one pre-event organizational meeting with Public Safety, Public Works and Parks and Recreation staff to plan event and logistical details. S. Contractor must submit an invoice for fireworks display payment for the amount agreed to in the Service Agreement Contract. T. City will provide Public Safety and Parks and Recreation staff support at the event. U. Immediately following a display, Contractor must identify, remove, and properly dispose of all exploded and unexploded fireworks and shells. V. Contractor must participate with a sweep of the grounds for debris and amber fires from exploded shells at the conclusion of the event. W. Contractor is expected to remove all equipment, product debris, and packaging and return the staging area to its original condition at the conclusion of the event and area sweep. X. The selected agreement will be in effect for July 4, 2020, 2021 and 2022 unless terminated by either party, giving the other party at least 120 days written notice prior to the next Fourth of July celebration of its decision to terminate this agreement. Y. In the event the display is cancelled on both the original display date and the backup date, City agrees to compensate Contractor in the amount of $5,000.00 or mutually agree on a date to reschedule the entire event before the end of the year. Z. The goal for the contractor selected is to excite the audience with a display full of dynamic energy and enthusiasm. PROPOSAL A. FEE QUOTATIONS The city will be looking for the most competitive quote which best meets the needs and desires of the display. The fee proposal of $23,000 per year for the display will include all costs associated with the event, including all equipment, product, staffing, delivery, insurance installation, breakdown/clean-up, taxes and service charges. Each firm is requested to provide the maximum amount of fireworks for that fee which is not to exceed the budgeted amount of $23,000. The City of Chanhassen is looking for a fireworks provider for a multiple year contract (3 years preferred). B. RIGHT TO REJECT BIDS The City of Chanhassen reserves the right to award the total proposal, to reject any and all proposals in whole or in part, and to waive any informality or technical defects in the City’s judgment. In determination of award, the qualification of the proposal submitter, the conformity with the specifications of services to be supplied will be considered. C. SUBMITTAL REQUIREMENTS Each of the following items shall be considered an integral part of the Contractor’s proposal and shall be submitted to the City on or before the date and time as stated on the Proposal Form: 1. Two copies of a completed and signed Proposal document with signed contract included. 2. List all products with quantities. 3. Identify electronic firing system to be used for display. 4. Provide a copy of Insurance. 5. Provide an estimation of length of display. 6. Provide a copy of state license. 7. Timeline for preparing pre-event staging area. 8. Provide a plan for product/equipment storage and security in the event of a cancellation. 9. Budget for display. 10. A list of references with a minimum of six contacts. 11. The contractor shall indicate any and all deviations from the specifications. Submit to the City of Chanhassen, Attn: Priya Tandon, 7700 Market Blvd., P.O. Box 147, Chanhassen, MN 55317, 952-227-1122. D. TIMETABLE 1. Proposal submittal deadline-Monday, February 10 2020 on/or before 12 noon. 2. Review by Parks and Recreation Supervisory Staff. 3. Notification of contract award will be made after City Council approval. PYROTECHNIC DISPLAY, INC. FIREWORKS DISPLAY AGREEMENT Pyrotechnic Display, Inc., Fireworks Display Agreement Revised 10-26-2018 This agreement is entered into this 13th day of February, 2020 between Pyrotechnic Display, Inc., a Minnesota Corporation with offices in Clear Lake, Minnesota, (“Pyrotechnic”) and city of City of Chanhassen of the City of Chanhassen, State of Minnesota (‘Customer”), for the purchase of a fireworks display. (“Agreement”) SECTION 1 FIREWORKS DISPLAY Pyrotechnic agrees to furnish for the Customer (3) three fireworks display(s), as per the specifications agreed to and made part of this Agreement, on the evening of July 4, 2020 and 2021 and 2022 (“Fireworks Display”). Pyrotechnic Display agrees to all language and terms listed in the attached Addendum. (see Exhibit B) SECTION 2 CONTRACT PRICE In consideration for the Fireworks Display, Customer agrees to pay Pyrotechnic the sum of $23,000.00 (Twenty-three thousand and 00/100 dollars) PER EACH DISPLAY includes sales tax. A service fee of 1.5% per month shall be added to the Contract Price, or any portion of the Contract Price due, if it is not paid within 15 days of the date payment becomes due under this Agreement. SECTION 3 MATERIALS AND SERVICES Pyrotechnic shall be responsible for providing inventory meeting the specifications for the Fireworks Display, and the services of an operator who will be responsible for preparing and conducting the Fireworks Display. Pyrotechnic shall prepare a final design prior to the Fireworks Display, and the exact specifications will be supplied to the Customer after the final design, upon request. SECTION 4 INSURANCE Pyrotechnic Display, Inc. shall obtain a Public Liability and Property Damage and Workers Compensation Insurance. Those entities/individuals listed on the certificate of insurance shall be deemed an additional insured per this contract. SECTION 5 LOCATION Customer shall be responsible for providing a suitable location for the Fireworks Display. Customer shall cooperate with Pyrotechnic to ensure that the site is suitable for the Fireworks Display, and Pyrotechnic shall have the right to rejec t a proposed site for lack of accessibility, fire or other safety reasons. In addition to providing the location, Customer shall be responsible for: • Providing an appropriate staging area, and a minimum spectator setback of 700 feet. • Providing for the staging area to be roped off or otherwise clearly marked as off limits to unauthorized personnel. • Searching the fallout area at first light following a nighttime display. • Providing security, police and fire protection, to ensure 1) that the staging area and the surrounding setback area will be free from unauthorized persons, and 2) the safety of people in or around the display location. SECTION 6 WEATHER RELATED POSTPONEMENT AND CANCELLATION. Customer acknowledges that the Fireworks Display will be provided so long as weather, and weather related conditions, including but not limited to drought and fire risk, permit. In the event of a postponement of the Fireworks display, Customer shall be responsible for payment based on the schedule below, which shall be due within 30 days of the date agreed to in Section 1. If Customer does not reschedule the Fireworks Display within the twelve-month period, an additional 30% of the Contract Price shall be due from the Customer for damages and expenses relating to the cancellation. If customer chooses to postpone or cancel the Fireworks Display for any reason, customer shall be responsible for payment of the Contract Price based on the schedule below, which shall be due within 15 days of the date agreed to in Section 1. In the case of postponement or cancellation, Customer shall pay, as an additional fee, the following percentage of the Contract Price. • At any time prior to the scheduled date of the Fireworks Display, 5% of the Contract Price. • At any time on the scheduled date for the Fireworks Display, 20% of the Contract Price • After the commencement of the Fireworks Display, where Pyrotechnic’s operator has not determined that the postponement is necessary for weather or weather related circumstances, 100% of the Contract Price. The Customer agrees to pay any and all collection costs, in cluding reasonable attorney’s fees and court costs incurred by Pyrotechnic Display, Inc. in the collection or attempted collections of any amount due under this agreement and invoice. SECTION 7 ENTIRE AGREEMENT This Contract and the Fireworks Exhibition and Display Program constitutes the entire agreement between the parties hereto, and there are no other understandings, either oral or written, regarding to the subject matter hereof. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. PYROTECHNIC DISPLAY, INC. FIREWORKS DISPLAY AGREEMENT Pyrotechnic Display, Inc., Fireworks Display Agreement Revised 10-26-2018 NOTE: Any changes without Pyrotechnic Display, Inc. approval will cancel agr eement. NOTE: This agreement will be withdrawn if not accepted within 45 days. IN WITNESS WHEREOF, the undersigned executed this Contract by and through their authorized representatives whose names appear below. Signed on: _________________, 20____. Signed on: _________________, 20____. PYROTECHNIC DISPLAY, INC. CUSTOMER: BY:_______________________________ BY:________________________________ Its duly authorized agent, who represents he/she has full authority to bind the customer. NAME: __Mark C. Hanson____________ NAME: ____________________________ (PLEASE TYPE OR PRINT) (PLEASE TYPE OR PRINT) ITS:___Display Sales and Design________ ITS:________________________________ Pyrotechnic Display, Inc. Address: ____________________________ 9405 River Road SE City/State: ______________________, ____ Clear Lake, MN 55319 Zip Code: ___________________________ Telephone: (800) 507-9074, Ext. 1 Telephone: ( )______-______________ Email: ______________________________ ADDENDUM (Exhibit B) For City of Chanhassen, Minnesota Fireworks 3-Year Contract 2020 – 2022 1. This contract shall automatically renew for the 4th of July celebrations in 2021 and 2022 unless terminated by either party giving the other party at least 120 days written notice, prior to the next 4th of July celebration, of its decision to terminate this agreement. 2. Pyrotechnic Display, Inc. shall obtain all necessary permits and shall comply with all applicable ordinances, statues and rules. 3. Pyrotechnic Display, Inc. shall indemnify and hold harmless the City of Chanhassen and its agents, officers, and employees from and against all claims, damages, losses, judgments, and expenses, including but not limited to attorney's fees, arising out of or resulting from the Pyrotechnic Display, Inc. performance or failure to perform this Agreement. 4. Immediately following a display, Pyrotechnic Display, Inc. shall remove and properly dispose of all exploded and unexploded fireworks. 5. Worker’s Compensation. Pyrotechnic Display, Inc. shall obtain and maintain for the duration of this Agreement, statutory Worker’s Compensation Insurance and Employer’s Liability Insurance as required under the laws of the State of Minnesota. 6. Comprehensive General Liability. Pyrotechnic Display, Inc. shall obtain the following minimum insurance coverage and maintain it at all times throughout the duration of this Agreement shall be named as additional insured on a primary and non- contributory basis on the Comprehensive general liability insurance. Pyrotechnic Display, Inc. shall furnish the City a certificate of insurance satisfactory to the City evidencing the required coverage: Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Contractual Liability (identifying this Agreement): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Comprehensive Automobile Liability (owned, non-owned, and hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject Highway 101 Lower Minnesota River Watershed District Maintenance Agreement Section CONSENT AGENDA Item No: D.12. Prepared By Matt Unmacht, Water Resource Coordinator File No: ENG 14­08 PROPOSED MOTION “The City Council authorizes execution of a Maintenance Agreement with the Lower Minnesota River Watershed District for the purposes of perpetual obligation to maintain stormwater facilities.” Approval requires a Simple Majority Vote of members present. SUMMARY This agreement is a condition of the Lower Minnesota River Watershed District (LMRWD) Rules and memorializes the long­term maintenance of the project's stormwater facilities. The agreement has been reviewed by both City and District staff and their representative engineering consultants. The District has already reviewed and signed the agreement. RECOMMENDATION Staff recommends approving the execution of this agreement with LMRWD.  ATTACHMENTS: Signed Agreement CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject Elizabeth Provinzino Citizen Action Request Section VISITOR PRESENTATIONS Item No: E.1. Prepared By File No:  ATTACHMENTS: Elizabeth Provinzino Citizen Action Request Form Print City Council - Citizen Action Request Form Complete this form and submit it prior to the City Council meeting date you wish to present your request. Select the date of the City Council meeting you plan to attend to make your visitor presentation.* NOTE: The City Council meets on the second and fourth Mondays of each month with the following exceptions in 2019: March 25 - Meeting CANCELLED May 28 (Tuesday meeting-Monday, May 27 is a holiday) November 12 (Tuesday meeting-Monday November 11 is a holiday) December 23 - Meeting CANCELLED Printable 2019 City Meeting Calendar 2019 City Meeting Calendar View and/or print this calendar to assist with determining when city council meetings are held in order to make your date selection above. Resident Information First Name*Last Name* Address1* Address2 City*State*Zip* Citizen Action Request Form - Submission #3514 Date Submitted: 3/8/2020 Elizabeth Provinzino 1947 Creek View Ct Chanhassen MN 55317 3/9/2020 Phone Number*Email* If no email address, enter "none." Council Action Requested* Provide a brief description of the action you are requesting from the City Council. Summary of Information* Provide a narrative of the request including need, costs, timetable, background, etc. What Happens Next? Immediately upon submission of this form, staff will be notified by email and will provide copies to the City Council prior to the selected meeting date. Questions? Contact Deputy City Clerk Kim Meuwissen at 952-227-1107 or by email. City Council Work Session Discussion Date Action City Council Meeting Date Action 9522124350 elizprovo@gmail.com Zoning for short term rental Property next door was purchased for sole purpose of short term rental. It is a party house with 20+ vehicles parked on the streets and people outdoors at all hours smoking. As a resident I believe it is not acceptable to run a business in our residential neighborhood. I suggest review if zoning to amend rules to limit the ability for short term rental as in VRBO mm/dd/yyyy mm/dd/yyyy CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject Joe Provinzino Citizen Action Request Section VISITOR PRESENTATIONS Item No: E.2. Prepared By File No:  ATTACHMENTS: Joe Provinzino Citizen Action Request Form Print City Council - Citizen Action Request Form Complete this form and submit it prior to the City Council meeting date you wish to present your request. Select the date of the City Council meeting you plan to attend to make your visitor presentation.* NOTE: The City Council meets on the second and fourth Mondays of each month with the following exceptions in 2019: March 25 - Meeting CANCELLED May 28 (Tuesday meeting-Monday, May 27 is a holiday) November 12 (Tuesday meeting-Monday November 11 is a holiday) December 23 - Meeting CANCELLED Printable 2019 City Meeting Calendar 2019 City Meeting Calendar View and/or print this calendar to assist with determining when city council meetings are held in order to make your date selection above. Resident Information First Name*Last Name* Address1* Address2 City*State*Zip* Citizen Action Request Form - Submission #3516 Date Submitted: 3/9/2020 JOE PROVINZINO 1947 creekview ct Chanhassen MN 55317 3/9/2020 Phone Number*Email* If no email address, enter "none." Council Action Requested* Provide a brief description of the action you are requesting from the City Council. Summary of Information* Provide a narrative of the request including need, costs, timetable, background, etc. What Happens Next? Immediately upon submission of this form, staff will be notified by email and will provide copies to the City Council prior to the selected meeting date. Questions? Contact Deputy City Clerk Kim Meuwissen at 952-227-1107 or by email. City Council Work Session Discussion Date Action City Council Meeting Date Action 9529920227 joe@joeprovoracewear.com Property next door 8348 stone creek drive chanhassen has turned into a rental house and now its all a party house renting out to people we have no clue who they are, the house a party house all week and weekends cars parked on both sides of the streets and parked two cars nest to eachother down the whole driveway, this past weekend there were atleast 25 cars all over and people in and out party , cooloers on the front stairs and back deck./ 1947 creekview ct mm/dd/yyyy mm/dd/yyyy CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject Resolution No. 2020­XX: Award of bid for Sale of $6,795,000 General Obligation Utility Revenue Bonds, Series 2020A for various City 2020 and 2021 Utility System Improvements Section NEW BUSINESS Item No: H.1. Prepared By Greg Sticha, Finance Director File No:  PROPOSED MOTION "The City Council adopts a resolution awarding the bid for the General Obligation Bonds Series 2020A, to the low bidder, _______________." (to be announced at the meeting) Approval requires a Simple Majority Vote of members present. BACKGROUND As part of the rate study discussion staff and Ehler's discussed the use of Bonding for some significant utility improvements related to the TH101 project and the Minnewashta Parkway Road project.  The bonding was incorporated into the study for the past couple of years and no change in the rates was required in order to bond for these projects.The issuance will be for $6,595,000 of the debt needed for the improvements.  Last week, Standard & Poor’s conducted a review process to determine the city’s bond rating. The results of that rating reaffirmed the “AAA” rating received in past bond issuances. Representatives from Ehlers & Associates will be available to discuss the sale of the bonds at the meeting. Staff will bring all documentation, including the resolution to award the bid, to the meeting that evening. RECOMMENDATION Staff recommends that the City Council adopt a resolution awarding the bid for the General Obligation Bonds Series 2020A, to the low bidder, (to be announced at the meeting). ATTACHMENTS: Rating Report Pre Sale Report Draft Resolution Summary: Chanhassen, Minnesota; General Obligation Primary Credit Analyst: Jessica Akey, Chicago + 1 (312) 233 7068; jessica.akey@spglobal.com Secondary Contact: Emma Drilias, Chicago (1) 312-233-7132; emma.drilias@spglobal.com Table Of Contents Rating Action Stable Two-Year Outlook Credit Opinion Related Research WWW.STANDARDANDPOORS.COM/RATINGSDIRECT MARCH 3, 2020 1 Summary: Chanhassen, Minnesota; General Obligation Credit Profile US$6.795 mil GO util rev bnds ser 2020A dtd 03/09/2020 due 02/01/2031 Long Term Rating AAA/Stable New Chanhassen GO Long Term Rating AAA/Stable Affirmed Rating Action S&P Global Ratings assigned its 'AAA' rating to Chanhassen, Minn.'s series 2020A general obligation (GO) utility revenue bonds (approximately $6.795 million). At the same time, S&P Global Ratings affirmed its 'AAA' rating on the city's existing GO debt (approximately $36 million of parity bonds outstanding). The outlook is stable. The bonds are secured by Chanhassen's GO pledge and are payable from ad valorem taxes against all taxable property within the city without limit as to rate or amount. The water, sanitary sewer, and storm water system's net revenues further secure the bonds, but we rate the bonds to Chanhassen's GO pledge. We similarly rate the existing GO bonds also secured by other revenue streams to the GO pledge. City officials will use proceeds for various utility system improvements. Chanhassen's GO bonds are eligible to be rated above the sovereign because we believe the city can maintain better credit characteristics than the U.S. in a stress scenario. Under our criteria "Ratings Above The Sovereign--Corporate And Government Ratings: Methodology And Assumptions" (published Nov. 19, 2013), U.S. local governments are considered to have moderate sensitivity to country risk. The institutional framework in the U.S. is predictable for local governments, allowing them significant autonomy, independent treasury management, and no history of government intervention. We believe Chanhassen's very strong budgetary reserves and liquidity sufficiently demonstrate financial flexibility. Credit overview Chanhassen's comprehensively strong credit profile is reflected in all aspects. The city is an affluent residential Minneapolis suburb and is home to Prince's Paisley Park. The city has a strong housing market and is also seeing growth in the retail and commercial sectors. The city's strong management is forward-looking and supports its stable finances and large general fund reserves. Chanhassen's debt profile is not as strong as the other credit aspects, but the city has proven its ability to afford these fixed costs. The stable outlook reflects our view of the city's very strong economic characteristics, financial indicators, and management, all of which support the 'AAA' rating and all of which we expect will remain stable. Therefore, we do not anticipate a rating change within the two-year outlook horizon. The 'AAA' rating reflects our view of the city's: WWW.STANDARDANDPOORS.COM/RATINGSDIRECT MARCH 3, 2020 2 • Very strong economy, with access to a broad and diverse metropolitan statistical area (MSA); • Very strong management, with strong financial policies and practices under our Financial Management Assessment (FMA) methodology; • Strong budgetary performance, with operating surpluses in the general fund and at the total governmental fund level in fiscal 2018; • Very strong budgetary flexibility, with an available fund balance in fiscal 2018 of 49% of operating expenditures; • Very strong liquidity, with total government available cash at 1.9x total governmental fund expenditures and 33.2x governmental debt service, and access to external liquidity we consider strong; • Adequate debt and contingent liability profile, with debt service carrying charges at 5.8% of expenditures and net direct debt that is 180.0% of total governmental fund revenue, as well as low overall net debt at less than 3% of market value; and • Strong institutional framework score. Stable Two-Year Outlook Downside scenario Although unlikely, we could lower the rating if the city were to issue substantial new money debt resulting in a weaker overall debt profile that, in our view, is no longer consistent with that of 'AAA'-rated peers. We could also lower the rating with substantial deterioration in the city's budgetary performance and flexibility, although again, we consider this unlikely to occur in the next two years. Credit Opinion Very strong economy We consider Chanhassen's economy very strong. The city, with an estimated population of 25,547, is located in Carver County in the Minneapolis-St. Paul-Bloomington MSA, which we consider to be broad and diverse. The city has a projected per capita effective buying income of 214% of the national level and per capita market value of $189,982. Overall, the city's market value grew by 9.9% over the past year to $4.9 billion in 2019. The county unemployment rate was 2.5% in 2018. Chanhassen is an affluent residential suburb about 17 miles southwest of Minneapolis in Carver County, with a small portion in Hennepin County. The 24-square-mile city has a tax base composed primarily of residential homestead properties, followed by commercial and industrial. Following the Great Recession, market value declined through levy year 2013, and has risen about 5% per year, on average, since, reaching a recent high of $4.55 billion in 2019. Life Time Fitness (a health club and fitness center company) is the largest employer in the city and it has recently expanded its headquarters. Notably, Chanhassen is home to Prince's Paisley Park, which is now a tourist attraction; a large portion of the park's land was donated to the city to turn into a public park. As with much of the rest of the MSA, we expect Chanhassen will see sustained, moderate growth in property values through the next several years due to new construction and appreciation in existing property values. WWW.STANDARDANDPOORS.COM/RATINGSDIRECT MARCH 3, 2020 3 Summary: Chanhassen, Minnesota; General Obligation Very strong management We view the city's management as very strong, with strong financial policies and practices under our FMA methodology, indicating financial practices are strong, well embedded, and likely sustainable. Highlights of the FMA include: • A line-item budget that relies on at least three years of historical information and information from external sources; • Monthly budget-to-actual reporting to the council and the ability to amend the budget as needed; • A five-year financial projection that is shared with the council and used as a long-term planning tool and updated annually, and a five-year capital improvement plan that is updated annually and which includes funding sources; • A formal investment policy and quarterly reporting to the council on investment holdings; • A formal debt policy that includes certain thresholds that are to be maintained when issuing debt; and • A formal reserve policy that requires a minimum fund balance of at least 50% of next year's property tax revenues and state aid for cash flow purposes. Strong budgetary performance Chanhassen's budgetary performance is strong, in our opinion. The city had operating surpluses of 3.2% of expenditures in the general fund and of 4.6% across all governmental funds in fiscal 2018. Chanhassen uses a Dec. 31 fiscal year-end in reporting its finances. We have adjusted general fund revenues and expenditures to account for routine transfers and total governmental fund revenues, and expenditures to account for transfers and a one-time expenditure for a bond refunding. The fiscal 2018 surplus results reflect conservative budgeting practices and continued revenue growth. For fiscal 2019, the city adopted a break-even general fund budget that reflects expenditures coming in under budget and building permit revenues coming in over budget, but typically Chanhassen will transfer the previous year's surplus to a capital projects fund. After these transfers, the city will likely show a very slight deficit in the general fund and break-even results across all governmental funds. The fiscal 2020 budget is break-even and similarly reflects only modest changes over the prior year. After adjustments, Chanhassen's budgetary performance has been strong in recent years, which we expect will continue. The city's strong tax base and reliance on locally derived revenues in the general fund lend stability to the operating budget. The largest general fund revenues in fiscal 2018 included 73% property taxes, and 14% licenses and permits. Very strong budgetary flexibility Chanhassen's budgetary flexibility is very strong, in our view, with an available fund balance in fiscal 2018 of 49% of operating expenditures, or $5.7 million. We expect the available fund balance will remain above 30% of expenditures for the current and next fiscal years, which we view as a positive credit factor. Over the past three years, the total available fund balance has remained consistent overall, totaling 48% of expenditures in 2017 and 50% in 2016. The city's available (unassigned and assigned) general fund balance has consistently been at or near 50% of expenditures for at least the past three years and has been in line with the formal fund balance policy, which requires a minimum fund balance equal to 50% of the subsequent year's expected property tax levy. Given Chanhassen's stable WWW.STANDARDANDPOORS.COM/RATINGSDIRECT MARCH 3, 2020 4 Summary: Chanhassen, Minnesota; General Obligation operating environment and no plans to draw down reserves, we expect the city's overall budgetary flexibility will remain very strong. Very strong liquidity In our opinion, Chanhassen's liquidity is very strong, with total government available cash at 1.9x total governmental fund expenditures and 33.2x governmental debt service in 2018. In our view, the city has strong access to external liquidity, if necessary. We expect Chanhassen's overall cash levels will be stable, so overall liquidity will remain very strong. Having issued GO debt on a number of occasions over the past 20 years, the city has a sufficient record of capital market access to support our view that it has strong access to external liquidity if needed. State statutes allow for investments that we consider aggressive, although Chanhassen's investments include money market funds, certificates of deposit, and highly rated bonds and notes, which we do not consider aggressive. The city has no variable-rate or direct-purchase debt. Adequate debt and contingent liability profile In our view, Chanhassen's debt and contingent liability profile is adequate. Total governmental fund debt service is 5.8% of total governmental fund expenditures, and net direct debt is 180.0% of total governmental fund revenue. Overall net debt is low at 2.3% of market value, which is, in our view, a positive credit factor. Our direct debt calculation excludes GO debt supported by the water enterprise that we consider self-supporting. Management reports that the city is considering issuing up to $4 million in new money debt in the next few years. Chanhassen's combined required pension and actual other postemployment benefits (OPEB) contributions totaled 3.9% of total governmental fund expenditures in 2018. The city made its full annual required pension contribution in 2018. We do not believe that pension liabilities represent a medium-term rating pressure, as contributions represent only a modest share of the budget and we believe the city has the capacity to absorb higher costs without affecting operations. Chanhassen participates in two multiple-employer, defined-benefit pension plans that have seen recent improvements in funded status, although plan statutory contributions have regularly fallen short of actuarial recommendations. Along with certain plan-specific actuarial assumptions and methods, this introduces some long-term risk of funding volatility and cost acceleration, including the recent extension of the amortization period to 30 years. The city also participated in a single-employer, defined-benefit plan for firefighters. The city provides health insurance benefits to employees via a single-employer, self-insured OPEB plan that it funds on a pay-as-you go basis. Chanhassen participates in the following plans: • Minnesota General Employees Retirement Fund (GERF): 80.2% funded (as of June 30, 2019), with a city proportionate share of the plan's net pension liability of $4.2 million (as of June 30, 2018). WWW.STANDARDANDPOORS.COM/RATINGSDIRECT MARCH 3, 2020 5 Summary: Chanhassen, Minnesota; General Obligation • Chanhassen Fire Department Relief Association: 70.5% funded (June 30, 2018), with a proportionate share of $886,000 (as of June 30, 2018). • Public Employees Police and Fire Fund (PEPFF): 88% funded (as of June 30, 2018), with a city proportionate share of the plan's net pension liability of $205,718 (as of June 30, 2018). Total contributions to GERF and the firefighter pensions were 81% and 113%, respectively, of our minimum funding progress metric and were above static funding in both cases in 2018. Annual contributions to GERF are based on a statutory formula that has typically produced contributions lower than the actuarially determined contribution for each plan, and we think that this increases the risk of underfunding over time if the state legislature does not make adjustments to offset future funding shortfalls. Other key risks include a 7.5% investment rate-of-return assumption for GERF that indicates some exposure to cost acceleration as a result of market volatility; and an amortization method that significantly defers contributions through a lengthy, closed 30-year amortization period based on a level 3.25% payroll growth assumption. Regardless, pension costs remain only a modest share of total spending, and we believe they are unlikely to pressure Chanhassen's medium-term operational health. Strong institutional framework The institutional framework score for Minnesota cities with a population greater than 2,500 is strong. Related Research • S&P Public Finance Local GO Criteria: How We Adjust Data For Analytic Consistency, Sept. 12, 2013 • Criteria Guidance: Assessing U.S. Public Finance Pension And Other Postemployment Obligations For GO Debt, Local Government GO Ratings, And State Ratings, Oct. 7, 2019 • 2019 Update Of Institutional Framework For U.S. Local Governments Certain terms used in this report, particularly certain adjectives used to express our view on rating relevant factors, have specific meanings ascribed to them in our criteria, and should therefore be read in conjunction with such criteria. Please see Ratings Criteria at www.standardandpoors.com for further information. Complete ratings information is available to subscribers of RatingsDirect at www.capitaliq.com. All ratings affected by this rating action can be found on S&P Global Ratings' public website at www.standardandpoors.com. Use the Ratings search box located in the left column. Ratings Detail (As Of March 3, 2020) Chanhassen GO Long Term Rating AAA/Stable Affirmed Chanhassen GO bnds Long Term Rating AAA/Stable Affirmed Chanhassen GO wtr rev bnds Long Term Rating AAA/Stable Affirmed WWW.STANDARDANDPOORS.COM/RATINGSDIRECT MARCH 3, 2020 6 Summary: Chanhassen, Minnesota; General Obligation Ratings Detail (As Of March 3, 2020) (cont.) Chanhassen GO wtr rev bnds Long Term Rating AAA/Stable Affirmed Chanhassen GO (AMBAC) Unenhanced Rating AAA(SPUR)/Stable Affirmed Chanhassen GO (MBIA) Unenhanced Rating AAA(SPUR)/Stable Affirmed Carver Cnty Comnty Dev Agy, Minnesota Chanhassen, Minnesota Carver Cnty Comnty Dev Agy GO Long Term Rating AAA/Stable Affirmed Carver Cnty Comnty Dev Agy GO Long Term Rating AAA/Stable Affirmed Many issues are enhanced by bond insurance. Certain terms used in this report, particularly certain adjectives used to express our view on rating relevant factors, have specific meanings ascribed to them in our criteria, and should therefore be read in conjunction with such criteria. Please see Ratings Criteria at www.standardandpoors.com for further information. Complete ratings information is available to subscribers of RatingsDirect at www.capitaliq.com. All ratings affected by this rating action can be found on S&P Global Ratings' public website at www.standardandpoors.com. Use the Ratings search box located in the left column. WWW.STANDARDANDPOORS.COM/RATINGSDIRECT MARCH 3, 2020 7 Summary: Chanhassen, Minnesota; General Obligation WWW.STANDARDANDPOORS.COM/RATINGSDIRECT MARCH 3, 2020 8 STANDARD & POOR’S, S&P and RATINGSDIRECT are registered trademarks of Standard & Poor’s Financial Services LLC. 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February 10, 2020 Pre -Sale Report for City of Chanhassen, Minnesota $6,795,000 General Obligation Utility Revenue Bonds, Series 2020A Prepared by: Nick Anhut, CIPMA Senior Municipal Advisor Bruce Kimmel, CIPMA Senior Municipal Advisor Presale Report City of Chanhassen, Minnesota February 10, 2020 Page 1 Executive Summary of Proposed Debt Proposed Issue: $6,795,000 General Obligation Utility Revenue Bonds, Series 2020A (the “Bonds”) Purposes: The proposed issue includes fixed-rate, tax-exempt financing for the various utility system improvement projects identified within the City’s capital improvement plan. Inclusive of estimated financing costs, the Bonds are sized as follows: • $4,700,000 for water system improvements. Debt service will be paid from net revenues of the water fund collected from 2020 to 2030. • $715,000 for sanitary sewer system improvements. Debt service will be paid from net revenues of the sanitary sewer fund collected from 2020 to 2029. • $1,380,000 storm water system improvements. Debt service will be paid from net revenues of the storm water fund collected from 2020 to 2029. Authority: The Bonds will be general obligations of the City for which its full faith, credit and taxing powers are pledged. The Bonds are being issued pursuant to Minnesota Statutes, Chapters 444 & 475. Chapter 444 allows cities to issue debt without limitation as long as debt service is expected to be paid from water, sewer and storm water revenues. Term/Call Feature: The Bonds are being issued for a term of 10 years, 10 months in total. Principal on the Bonds will be due on February 1 in the years 2021 through 2031. Interest is payable every six months beginning February 1, 2021. The Bonds will be subject to prepayment at the discretion of the City on February 1, 2027 or any date thereafter at a price of par plus accrued interest. Bank Qualification: Because the City is expecting to issue no more than $10,000,000 in tax exempt debt during the calendar year, the City will be able to designate the Bonds as “bank qualified” obligations. Bank qualified status broadens the market for the Bonds, which can result in lower interest rates. Rating: The City’s most recent bond issues were rated by Standard & Poor’s. The current ratings on those bonds are “AAA”. The City will request a new rating for the Bonds. Method of Sale/Placement: We will solicit competitive bids for the purchase of the Bonds from underwriters and banks. We will include an allowance for discount bidding in the terms of the issue. The discount is treated as an interest item and provides the underwriter with all or a portion of their compensation in the transaction. If the Bonds are purchased at a price greater than the minimum bid amount (maximum discount), the unused allowance may be used to reduce the final borrowing amount. Premium Pricing: In some cases, investors in municipal bonds prefer “premium” pricing structures. A premium is achieved when the coupon for any maturity (the interest rate paid by the issuer) exceeds the yield to the investor, resulting in a price paid that is greater than the Presale Report City of Chanhassen, Minnesota February 10, 2020 Page 2 face value of the bonds. The sum of the amounts paid in excess of face value is considered “reoffering premium.” The underwriter of the bonds will retain a portion of this reoffering premium as their compensation (or “discount”) and pay the remainder to the City as additional net proceeds for the projects. The amount of the premium varies, but it is not uncommon to see premiums for new issues in the range of 2.00% to 10.00% of the face amount of the issue. This means that an issuer with a $6,000,000 offering may receive bids that result in proceeds of $6,120,000 to $6,600,000. The amount of premium can be restricted in the bid specifications. Be advised that restrictions on premium may result in fewer bids, but may also eliminate large adjustments on the day of sale and unintended impacts with respect to debt service payments. Ehlers will identify appropriate bidding parameters for the Bonds intended to achieve the City’s objectives for available funds to construct the utility system projects. Review of Existing Debt: We have reviewed all outstanding indebtedness for the City and find that there are no viable refunding opportunities to consider at this time. We will continue to monitor the market and the call dates for the City’s outstanding debt and will alert you to any future refunding opportunities as they arise. Continuing Disclosure: The City will be agreeing to provide certain updated Annual Financial Information and its Audited Financial Statement annually, as well as providing notices of the occurrence of certain reportable events to the Municipal Securities Rulemaking Board (the “MSRB”), as required by rules of the Securities and Exchange Commission (SEC). The City is already obligated to provide such reports for its existing bonds, and has contracted with Ehlers to prepare and file the reports. Arbitrage Monitoring: Because the Bonds tax-exempt obligations, the City must ensure compliance with certain Internal Revenue Service (IRS) rules throughout the life of the issue. These rules apply to all gross proceeds of the issue, including initial bond proceeds and investment earnings in construction, escrow, debt service, and any reserve funds. How issuers spend bond proceeds and how they track interest earnings on funds (arbitrage/yield restriction compliance) are common subjects of IRS inquiries. Your specific responsibilities will be detailed in the Arbitrage Certificate prepared by your Bond Attorney and provided at closing. You have retained Ehlers to assist you with compliance with these rules. Two-Year Spending Exception (24-month) – The City expects to meet the two-year expenditure exception for the construction of its utility projects. If the City fails to meet the exception, it will rebate any arbitrage earnings subject to the regulations. Risk Factors: Utility Revenues: The City expects to pay debt service of the Bonds with utility funds. If utility revenue is inadequate in the future, the City may have to use general funds or levy taxes to provide for all or a portion of the debt service shortfall. Other Service Providers: This debt issuance will require the engagement of other public finance service providers. This section identifies those other service providers so Ehlers can coordinate their engagement on your behalf. Fees charged by these service providers will be paid from proceeds of the Bonds unless you notify us that you wish to pay them from other Presale Report City of Chanhassen, Minnesota February 10, 2020 Page 3 sources. Our pre-sale bond sizing includes a good faith estimate of these fees, but final fees may vary. If you have any questions pertaining to the service providers or their role, or if you would like to use a different service provider for any of the listed services please contact us. Bond Counsel: Taft Stettinius & Hollister LLP (formerly Briggs & Morgan) Paying Agent: Bond Trust Services Corporation Rating Agency: S&P Global Ratings (S&P) Basis for Recommendation: Based on the City’s objectives, project funding requirements, our advisory relationship and characteristics of various municipal financing options, we are recommending the issuance of General Obligation Bonds as a suitable option to finance the planned utility projects because: • The issuance is consistent with the City’s practices for financing these types of projects and is structured to fit within its long-term financial plans, including its ten- year Utility Rate Study updated in December, 2019. • The General Obligation pledge will result in lower interest rates than other financing options available. • The expectation this form of financing will also meet the City’s objectives for term, structure and optional redemption. • The method of sale process identified herein complies with City policy as well as best practices endorsed by the Government Finance Officers Association (GFOA). Summary: The decisions to be made by the City Council regarding this report are as follows: • Accept or modify the finance assumptions described in this report • Consider the resolution giving preliminary approval to issue the Bonds This presale report summarizes our understanding of the City’s objectives for the structure and terms of this financing as of this date. As additional facts become known or capital markets conditions change, we may need to modify the structure and/or terms of this financing to achieve results consistent with the City’s objectives. Presale Report City of Chanhassen, Minnesota February 10, 2020 Page 4 Proposed Debt Issuance Schedule Pre-Sale Review by City Council: February 10, 2020 Due Diligence Call to review Official Statement: Week of February 17, 2020 Conference with Rating Agency: Week of February 17, 2020 Distribute Official Statement: Week of February 24, 2020 City Council Meeting to Award Sale of the Bonds: March 9, 2020 Estimated Closing Date: April 2, 2020 Attachments Estimated Sources and Uses of Funds Estimated Proposed Debt Service Schedule Resolution Authorizing Ehlers to Proceed With Bonds Sale Ehlers Contacts Municipal Advisors: Nick Anhut (651) 697-8507 Bruce Kimmel (651) 697-8572 Disclosure Coordinator: Silvia Johnson (651) 697-8580 Financial Analyst: Alicia Gage (651) 697-8551 The Preliminary Official Statement for this financing will be sent to the City Council at their home or email address for review prior to the sale date. City of Chanhassen, Minnesota $6,795,000 General Obligation Utility Revenue Bonds, Series 2020A Issue Summary Assumes Current Market BQ "AAA" Rates plus 25bps Total Issue Sources And Uses Dated 04/02/2020 | Delivered 04/02/2020 Water Sewer Storm Water Issue Summary Sources Of Funds Par Amount of Bonds $4,700,000.00 $715,000.00 $1,380,000.00 $6,795,000.00 Total Sources $4,700,000.00 $715,000.00 $1,380,000.00 $6,795,000.00 Uses Of Funds Total Underwriter's Discount (1.000%)47,000.00 7,150.00 13,800.00 67,950.00 Costs of Issuance 51,184.70 7,786.60 15,028.70 74,000.00 Deposit to Project Construction Fund 4,600,000.00 700,000.00 1,350,000.00 6,650,000.00 Rounding Amount 1,815.30 63.40 1,171.30 3,050.00 Total Uses $4,700,000.00 $715,000.00 $1,380,000.00 $6,795,000.00 Series 2020 GO Util Bonds | Issue Summary | 2/ 3/2020 | 11:42 AM City of Chanhassen, Minnesota $6,795,000 General Obligation Utility Revenue Bonds, Series 2020A Issue Summary Assumes Current Market BQ "AAA" Rates plus 25bps Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 04/02/2020 ----- 02/01/2021 205,000.00 1.250%83,385.69 288,385.69 288,385.69 08/01/2021 --48,917.50 48,917.50 - 02/01/2022 640,000.00 1.250%48,917.50 688,917.50 737,835.00 08/01/2022 --44,917.50 44,917.50 - 02/01/2023 650,000.00 1.300%44,917.50 694,917.50 739,835.00 08/01/2023 --40,692.50 40,692.50 - 02/01/2024 660,000.00 1.300%40,692.50 700,692.50 741,385.00 08/01/2024 --36,402.50 36,402.50 - 02/01/2025 665,000.00 1.350%36,402.50 701,402.50 737,805.00 08/01/2025 --31,913.75 31,913.75 - 02/01/2026 675,000.00 1.400%31,913.75 706,913.75 738,827.50 08/01/2026 --27,188.75 27,188.75 - 02/01/2027 680,000.00 1.450%27,188.75 707,188.75 734,377.50 08/01/2027 --22,258.75 22,258.75 - 02/01/2028 695,000.00 1.550%22,258.75 717,258.75 739,517.50 08/01/2028 --16,872.50 16,872.50 - 02/01/2029 705,000.00 1.600%16,872.50 721,872.50 738,745.00 08/01/2029 --11,232.50 11,232.50 - 02/01/2030 715,000.00 1.800%11,232.50 726,232.50 737,465.00 08/01/2030 --4,797.50 4,797.50 - 02/01/2031 505,000.00 1.900%4,797.50 509,797.50 514,595.00 Total $6,795,000.00 -$653,773.19 $7,448,773.19 - Yield Statistics Bond Year Dollars $41,668.63 Average Life 6.132 Years Average Coupon 1.5689819% Net Interest Cost (NIC)1.7320542% True Interest Cost (TIC)1.7387736% Bond Yield for Arbitrage Purposes 1.5646343% All Inclusive Cost (AIC)1.9311239% IRS Form 8038 Net Interest Cost 1.5689819% Weighted Average Maturity 6.132 Years Series 2020 GO Util Bonds | Issue Summary | 2/ 3/2020 | 11:42 AM City of Chanhassen, Minnesota $4,700,000 General Obligation Utility Revenue Bonds, Series 2020A Water Assumes Current Market BQ "AAA" Rates plus 25bps Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 04/02/2020 ----- 02/01/2021 --58,504.33 58,504.33 58,504.33 08/01/2021 --35,220.00 35,220.00 - 02/01/2022 440,000.00 1.250%35,220.00 475,220.00 510,440.00 08/01/2022 --32,470.00 32,470.00 - 02/01/2023 445,000.00 1.300%32,470.00 477,470.00 509,940.00 08/01/2023 --29,577.50 29,577.50 - 02/01/2024 455,000.00 1.300%29,577.50 484,577.50 514,155.00 08/01/2024 --26,620.00 26,620.00 - 02/01/2025 460,000.00 1.350%26,620.00 486,620.00 513,240.00 08/01/2025 --23,515.00 23,515.00 - 02/01/2026 465,000.00 1.400%23,515.00 488,515.00 512,030.00 08/01/2026 --20,260.00 20,260.00 - 02/01/2027 470,000.00 1.450%20,260.00 490,260.00 510,520.00 08/01/2027 --16,852.50 16,852.50 - 02/01/2028 480,000.00 1.550%16,852.50 496,852.50 513,705.00 08/01/2028 --13,132.50 13,132.50 - 02/01/2029 485,000.00 1.600%13,132.50 498,132.50 511,265.00 08/01/2029 --9,252.50 9,252.50 - 02/01/2030 495,000.00 1.800%9,252.50 504,252.50 513,505.00 08/01/2030 --4,797.50 4,797.50 - 02/01/2031 505,000.00 1.900%4,797.50 509,797.50 514,595.00 Total $4,700,000.00 -$481,899.33 $5,181,899.33 - Yield Statistics Bond Year Dollars $30,328.61 Average Life 6.453 Years Average Coupon 1.5889265% Net Interest Cost (NIC)1.7438957% True Interest Cost (TIC)1.7502125% Bond Yield for Arbitrage Purposes 1.5646343% All Inclusive Cost (AIC)1.9333409% IRS Form 8038 Net Interest Cost 1.5889265% Weighted Average Maturity 6.453 Years Series 2020 GO Util Bonds | Water | 2/ 3/2020 | 11:42 AM City of Chanhassen, Minnesota $715,000 General Obligation Utility Revenue Bonds, Series 2020A Sewer Assumes Current Market BQ "AAA" Rates plus 25bps Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 04/02/2020 ----- 02/01/2021 70,000.00 1.250%8,490.35 78,490.35 78,490.35 08/01/2021 --4,673.75 4,673.75 - 02/01/2022 70,000.00 1.250%4,673.75 74,673.75 79,347.50 08/01/2022 --4,236.25 4,236.25 - 02/01/2023 70,000.00 1.300%4,236.25 74,236.25 78,472.50 08/01/2023 --3,781.25 3,781.25 - 02/01/2024 70,000.00 1.300%3,781.25 73,781.25 77,562.50 08/01/2024 --3,326.25 3,326.25 - 02/01/2025 70,000.00 1.350%3,326.25 73,326.25 76,652.50 08/01/2025 --2,853.75 2,853.75 - 02/01/2026 70,000.00 1.400%2,853.75 72,853.75 75,707.50 08/01/2026 --2,363.75 2,363.75 - 02/01/2027 70,000.00 1.450%2,363.75 72,363.75 74,727.50 08/01/2027 --1,856.25 1,856.25 - 02/01/2028 75,000.00 1.550%1,856.25 76,856.25 78,712.50 08/01/2028 --1,275.00 1,275.00 - 02/01/2029 75,000.00 1.600%1,275.00 76,275.00 77,550.00 08/01/2029 --675.00 675.00 - 02/01/2030 75,000.00 1.800%675.00 75,675.00 76,350.00 Total $715,000.00 -$58,572.85 $773,572.85 - Yield Statistics Bond Year Dollars $3,863.85 Average Life 5.404 Years Average Coupon 1.5159204% Net Interest Cost (NIC)1.7009692% True Interest Cost (TIC)1.7089457% Bond Yield for Arbitrage Purposes 1.5646343% All Inclusive Cost (AIC)1.9261900% IRS Form 8038 Net Interest Cost 1.5159204% Weighted Average Maturity 5.404 Years Series 2020 GO Util Bonds | Sewer | 2/ 3/2020 | 11:42 AM City of Chanhassen, Minnesota $1,380,000 General Obligation Utility Revenue Bonds, Series 2020A Storm Water Assumes Current Market BQ "AAA" Rates plus 25bps Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 04/02/2020 ----- 02/01/2021 135,000.00 1.250%16,391.01 151,391.01 151,391.01 08/01/2021 --9,023.75 9,023.75 - 02/01/2022 130,000.00 1.250%9,023.75 139,023.75 148,047.50 08/01/2022 --8,211.25 8,211.25 - 02/01/2023 135,000.00 1.300%8,211.25 143,211.25 151,422.50 08/01/2023 --7,333.75 7,333.75 - 02/01/2024 135,000.00 1.300%7,333.75 142,333.75 149,667.50 08/01/2024 --6,456.25 6,456.25 - 02/01/2025 135,000.00 1.350%6,456.25 141,456.25 147,912.50 08/01/2025 --5,545.00 5,545.00 - 02/01/2026 140,000.00 1.400%5,545.00 145,545.00 151,090.00 08/01/2026 --4,565.00 4,565.00 - 02/01/2027 140,000.00 1.450%4,565.00 144,565.00 149,130.00 08/01/2027 --3,550.00 3,550.00 - 02/01/2028 140,000.00 1.550%3,550.00 143,550.00 147,100.00 08/01/2028 --2,465.00 2,465.00 - 02/01/2029 145,000.00 1.600%2,465.00 147,465.00 149,930.00 08/01/2029 --1,305.00 1,305.00 - 02/01/2030 145,000.00 1.800%1,305.00 146,305.00 147,610.00 Total $1,380,000.00 -$113,301.01 $1,493,301.01 - Yield Statistics Bond Year Dollars $7,476.17 Average Life 5.418 Years Average Coupon 1.5154960% Net Interest Cost (NIC)1.7000826% True Interest Cost (TIC)1.7080438% Bond Yield for Arbitrage Purposes 1.5646343% All Inclusive Cost (AIC)1.9247322% IRS Form 8038 Net Interest Cost 1.5154960% Weighted Average Maturity 5.418 Years Series 2020 GO Util Bonds | Storm Water | 2/ 3/2020 | 11:42 AM 12370724v1 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA HELD: MARCH 9, 2020 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Chanhassen, Counties of Carver and Hennepin, Minnesota, was duly held at the City Hall on March 9, 2020, at ___ P.M., for the purpose, in part, of considering proposals and awarding the sale of $6,795,000 General Obligation Utility Revenue Bonds, Series 2020A. The following members were present: and the following were absent: Member ________________ introduced the following resolution and moved its adoption: RESOLUTION NO. _________ RESOLUTION ACCEPTING PROPOSAL ON THE SALE OF $6,795,000 GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2020A, PROVIDING FOR THEIR ISSUANCE AND PLEDGING FOR THE SECURITY THEREOF NET REVENUES A. WHEREAS, the City of Chanhassen, Minnesota (the "City"), owns and operates a municipal water system (the "Water System"), a sanitary sewer system (the "Sanitary Sewer System") and a storm water system (the "Storm Water System", and together with the Water System and the Sanitary Sewer System, the “System”) as separate revenue producing public utilities; and B. WHEREAS, the net revenues of the Water System are pledged to the payment of the City's outstanding (i) $5,920,000 original principal amount of General Obligation Bonds, Series 2011A, dated October 6, 2011; (ii) $3,720,000 original principal amount of General Obligation Water Revenue Refunding Bonds, Series 2011B, dated October 6, 2011; (iii) $3,630,000 original principal amount of General Obligation Water Revenue Bonds, Series 2016B, dated December 29, 2016; (iv) $10,000,000 original principal amount of General Obligation Water Revenue Bonds, Series 2017A, dated February 1, 2017; and (v) $3,595,000 original principal amount of General Obligation Water Revenue Bonds, Series 2018A, dated March 15, 2018 (collectively, the "Outstanding Water Bonds"); and C. WHEREAS, , the net revenues of the Water System and the Sewer System are pledged to the payment of the City's outstanding (i) $1,245,000 original principal amount of General Obligation Water and Sewer Revenue Bonds, Series 2012A, dated November 15, 2012; and (ii) $6,370,000 original principal amount, of which a portion was designated the "System Portion" of the General Obligation Bonds, Series 2016A, dated March 3, 2016 (together, the "Outstanding Water and Sewer Bonds"); and 12370724v1 D. WHEREAS, there are no obligations of the City which constitute a prior lien upon the net revenues of the Storm Water System; and E. WHEREAS, the City Council of the City of Chanhassen has heretofore determined and declared that it is necessary and expedient to issue $6,795,000 General Obligation Utility Revenue Bonds, Series 2020A (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapter 475 and Section 444.075, and Section 475.61, Subdivision 5, to finance improvements to the System (the "Project”); and F. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent municipal adviser for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and G. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the Finance Director, or designee, at the offices of Ehlers at 10:30 A.M., this same day pursuant to the Preliminary Official Statement dated February 27, 2020, established for the Bonds; and H. WHEREAS, it is in the best interests of the City that the Bonds be issued in book- entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of ________________________________ (the "Purchaser"), to purchase the Bonds in accordance with the Preliminary Official Statement, at the rates of interest hereinafter set forth, and to pay therefor the sum of $_____________, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Finance Director is directed to retain the deposit of the purchaser and to forthwith return to the unsuccessful bidder and any good faith checks or drafts. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated April 2, 2020, as the date of original issue and shall be issued forthwith on or after such date in fully registered form. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount 2021 $ 2022 12370724v1 2023 2024 2025 2026 2027 2028 2029 2030 2031 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO, as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, 12370724v1 however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such 12370724v1 special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (c) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Bonds shall provide funds to finance the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Project shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 12370724v1 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2021, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate 2021 % 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 5. Redemption. All Bonds maturing on February 1, 2028, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2027, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 12370724v1 6. Bond Registrar. Bond Trust Services Corporation, in Roseville, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 12370724v1 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTIES OF CARVER AND HENNEPIN CITY OF CHANHASSEN R-_ $_________ GENERAL OBLIGATION UTILITY REVENUE BOND, SERIES 2020A Interest Rate Maturity Date Date of Original Issue CUSIP ____% February 1, ____ April 2, 2020 _________ REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: _____________________________________ DOLLARS THE CITY OF CHANHASSEN, COUNTIES OF CARVER AND HENNEPIN, MINNESOTA (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2021, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the Bond Trust Services Corporation, in Roseville, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. 12370724v1 Optional Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2028, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2027, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $6,795,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and a resolution adopted by the City Council on March 9, 2020 (the "Resolution"), for the purpose of providing money to finance improvements to the water, sanitary sewer and storm water systems (collectively, the "System") within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Utility Revenue Bonds, Series 2020A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. 12370724v1 Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligations. The Bonds have been designated by the Issuer as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and the laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law; that the Issuer has covenanted and agreed with the Holders of the Bonds that it will impose and collect charges for the service, use and availability of the System at the times and in amounts necessary to produce net revenues, together with other sums pledged to the payment of the Bonds, adequate to pay all principal and interest when due on the Bonds; and that the Issuer will levy a direct, annual, irrepealable ad valorem tax upon all of the taxable property of the Issuer, without limitation as to rate or amount, for the years and in amounts sufficient to pay the principal and interest on the Bonds of this issue as they respectively become due, if the net revenues from the System, and any other sums irrevocably appropriated to the Debt Service Account are insufficient therefor; and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any charter, constitutional or statutory limitation of indebtedness. 12370724v1 IN WITNESS WHEREOF, the City of Chanhassen, Counties of Carver and Hennepin, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Manager, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. BOND TRUST SERVICES CORPORATION Roseville, Minnesota Bond Registrar By: Authorized Signature Registrable by: BOND TRUST SERVICES CORPORATION Payable at: BOND TRUST SERVICES CORPORATION CITY OF CHANHASSEN, COUNTIES OF CARVER AND HENNEPIN, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile City Manager 12370724v1 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - ___________ as custodian for ______________ (Cust) (Minor) under the _____________________ Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________________________________________________________________ the within Bond and does hereby irrevocably constitute and appoint _________________ attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated:_____________________ ___________________________ Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: ___________________________ Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: ________________________________________ ________________________________________ ________________________________________ (Include information for all joint owners if the Bond is held by joint account.) 12370724v1 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and City Manager and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is April 2, 2020. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. 12370724v1 Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The City Manager is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. For the convenience and proper administration of the moneys to be borrowed and repaid on the Bonds, and to make adequate and specific security to the Purchaser and holders from time to time of the Bonds, there is hereby created a special fund to be designated the "General Obligation Utility Revenue Bonds, Series 2020A Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds herein authorized and the interest thereon shall have been fully paid. The Operation and Maintenance Account for the Water System, the Operation and Maintenance Account for the Sanitary Sewer 12370724v1 System and the Operation and Maintenance for the Storm Sewer System (together, the “Operation and Maintenance Accounts”) heretofore established by the City shall continue to be maintained in the manner heretofore and herein provided by the City. All moneys remaining after paying or providing for the items set forth in the resolutions establishing the Operation and Maintenance Accounts shall constitute and are referred to as "net revenues" until the Bonds have been paid. There shall be maintained in the Fund the following separate accounts to which shall be credited and debited all net revenues of the System as hereinafter set forth. The City Manager and all officials and employees concerned therewith shall establish and maintain financial records of the receipts and disbursements of the System in accordance with this resolution. In such records there shall be established and maintained accounts of the Fund for the purposes as follows: (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less capital interest, and less any amount paid for the Bonds in excess of the minimum bid. From the Construction Account there shall be paid all costs and expenses of the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Any balance remaining in the Construction Account after completion of the Project shall be transferred to the Debt Service Account. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (1) the net revenues of the System not otherwise pledged and applied to the payment of other obligations of the City, in an amount, together with other funds which may herein or hereafter from time to time be irrevocably appropriated to the account sufficient to meet the requirements of Minnesota Statutes, Section 475.61 for the payment of the principal and interest of the Bonds; (2) any amount paid for the Bonds in excess of the minimum bid; (3) any collections of all taxes which may hereafter be levied in the event that the net revenues of the System and other funds herein pledged to the payment of the principal and interest on the Bonds are insufficient therefor; (4) all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (5) all investment earnings on funds held in the Debt Service Account; and (6) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The amount of any surplus remaining in the Debt Service Account when the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall 12370724v1 not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Coverage Test; Pledge of Net Revenues and Excess Net Revenues. It is hereby found, determined and declared that the net revenues of the System are sufficient in amount to pay when due the principal of and interest on the Bonds and a sum at least five percent in excess thereof. The net revenues of the Water System are sufficient in amount to pay when due the principal of and interest on the Outstanding Water Bonds and a sum at least five percent in excess thereof. The net revenues of the Water System and Sewer System are sufficient in amount to pay when due the principal of and interest on the Outstanding Water and Sewer Bonds and a sum at least five percent in excess thereof. The net revenues of the System are hereby pledged on a parity with the Outstanding Water Bonds, the Outstanding Water and Sewer Bonds for the payment of the Bonds and shall be applied for that purpose, but solely to the extent required to meet the principal and interest requirements of the Bonds as the same become due. Nothing contained herein shall be deemed to preclude the City from making further pledges and appropriations of the net revenues of the System for the payment of other or additional obligations of the City, provided that it has first been determined by the City Council that the estimated net revenues of the System will be sufficient, in addition to all other sources, for the payment of the Bonds and such additional obligations and any such pledge and appropriation of the net revenues of the System may be made superior or subordinate to, or on a parity with the pledge and appropriation herein. 17. Covenant to Maintain Rates and Charges. In accordance with Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the Holders of the Bonds that it will impose and collect charges for the service, use, availability and connection to the System at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the Bonds. Minnesota Statutes, Section 444.075, Subdivision 2, provides as follows: "Real estate tax revenues should be used only, and then on a temporary basis, to pay general or special obligations when the other revenues are insufficient to meet the obligations". 18. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are irrevocably pledged. If the net revenues of the System appropriated and pledged to the payment of principal and interest on the Bonds, together with other funds irrevocably appropriated to the Debt Service Account shall at any time be insufficient to pay such principal and interest when due, the City covenants and agrees to levy, without limitation as to rate or amount an ad valorem tax upon all taxable property in the City sufficient to pay such principal and interest as it becomes due. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City which are available for such purpose, and such other funds may be reimbursed without interest from the Debt Service Account when a sufficient balance is available therein. 12370724v1 19. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 20. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. 12370724v1 (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 21. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such occurrence. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and City Manager or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 22. Certificate of Registration. The City Manager is hereby directed to file a certified copy of this resolution with the County Auditor of Counties of Carver and Hennepin, Minnesota, together with such other information as the Auditor shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register. 12370724v1 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax-Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the twenty-four month exemption for gross proceeds of the Bonds as provided in Section 1.148-7(e) of the Regulations. The Mayor and/or the City Manager, are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 26. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2020 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2020 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. 12370724v1 The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 27. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Old National Bank in Chaska, Minnesota on the closing date for further distribution as directed by the City's municipal advisor, Ehlers. 28. Official Statement. The Official Statement relating to the Bonds prepared and distributed by Ehlers is hereby approved and the officers of the City are authorized in connection with the delivery of the Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement. 29. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 30. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member _____________ and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. 12370724v1 STATE OF MINNESOTA COUNTIES OF CARVER AND HENNEPIN CITY OF CHANHASSEN I, the undersigned, being the duly qualified and acting City Manager of the City of Chanhassen, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council duly called and held on the date therein indicated, insofar as such minutes relate to considering proposals and awarding the sale of $6,795,000 General Obligation Utility Revenue Bonds, Series 2020A. WITNESS my hand on March 9, 2020. _______________________________________ City Manager 12370724v1 EXHIBIT A PROPOSALS [To be supplied by Ehlers & Associates, Inc.] 12370724v1 STATE OF MINNESOTA COUNTY AUDITOR'S CERTIFICATE COUNTY OF CARVER AS TO REGISTRATION I, the undersigned, being the duly qualified and acting County Auditor of Carver County, Minnesota, DO HEREBY CERTIFY that on the date hereof, there was filed in my office a certified copy of a resolution adopted on March 9, 2020 by the City Council of the City of Chanhassen, Minnesota, authorizing the issuance of $6,795,000 General Obligation Utility Revenue Bonds, Series 2020A (the "Bonds"), together with full information regarding the Bonds and the Bonds have been entered in my Bond Register. WITNESS my hand and the seal of the County Auditor on _____________, 2020. _______________________________________ County Auditor (SEAL) 12370724v1 STATE OF MINNESOTA DIRECTOR OF PROPERTY TAX AND PUBLIC RECORD'S CERTIFICATE COUNTY OF HENNEPIN AS TO REGISTRATION I, the undersigned, being the duly qualified and acting Director of Property Tax and Public Records of Hennepin County, Minnesota, DO HEREBY CERTIFY that on the date hereof, there was filed in my office a certified copy of a resolution adopted on March 9, 2020, by the City Council of the City of Chanhassen, Minnesota, authorizing the issuance of $6,795,000 General Obligation Utility Revenue Bonds, Series 2020A (the "Bonds"), and the Bonds have been entered in my Bond Register. WITNESS my hand and the seal of the Director of Property Tax and Public Records on ________________, 2020. ____________________________________ Director of Property Tax and Public Records (SEAL) 12370724v1 SIGNATURE AND NONLITIGATION CERTIFICATE We, the undersigned, being respectively the duly qualified and acting Mayor and City Manager of the City of Chanhassen, Counties of Carver and Hennepin, Minnesota, DO HEREBY CERTIFY that we did, in our official capacities as such officers, sign our own proper names by facsimile signature, attested by the manual signature of a person or persons authorized on behalf of Bond Trust Services Corporation, in Roseville, Minnesota, duly designated by the City Council as Bond Registrar and authenticating agent (the "Registrar"), on the $6,795,000 General Obligation Utility Revenue Bonds, Series 2020A (the "Bonds"), dated April 2, 2020, as the date of original issue, and numbered from R-1 upward, each in the denomination equal to the total principal amount for the Bonds due on the specified maturity date therefor. The Bonds mature on February 1 in the years and amounts and bear interest until paid or discharged as follows: Year Amount Interest Rate 2021 $ % 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 WE FURTHER CERTIFY that the signature of Greg Sticha, affixed hereto is the true and proper signature of the qualified and acting Finance Director of the City. WE FURTHER CERTIFY that we are now and were on the date of signing the Bonds, the duly qualified and acting officers therein indicated, and duly authorized to execute the same, and that the Bond Registrar has been duly authorized to act as agent of the City for purposes of authenticating the Bonds by one or more persons signing bonds on behalf of the Bond Registrar, and we hereby ratify, confirm, and adopt our facsimile signatures on the Bonds as the true and proper signatures for the execution thereof. WE FURTHER CERTIFY that the Bonds have been in all respects duly executed for delivery pursuant to authority conferred upon us as such officers; and no obligations other than those above described have been issued pursuant to such authority, and that none of the proceedings or records which have been certified to the purchasers of the Bonds or the attorneys approving the same have been in any manner repealed, amended or changed, and that there has been no change in the financial condition of the City, or of the facts affecting the Bonds. 12370724v1 2 WE FURTHER CERTIFY that the Official Statement prepared for the issuance of the Bonds as of its date and the date hereof, did not and does not contain any untrue statement of material fact or omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. WE FURTHER CERTIFY that there is no litigation pending or, to our knowledge, threatened questioning the organization or boundaries of the City, or the right of any of us to our respective offices, or in any manner questioning our right and power to execute and deliver the Bonds, or otherwise questioning the validity of the Bonds or the pledge of net revenues of the municipal water, sanitary sewer, and storm water systems for the payment of the Bonds. Dated: April 2, 2020. CITY OF CHANHASSEN, MINNESOTA By ____________________________________ Its Mayor By ____________________________________ Its City Manager By ____________________________________ Its Finance Director 12370724v1 FINANCE DIRECTOR'S RECEIPT I, the undersigned, being the duly qualified and acting Finance Director of the City of Chanhassen, Minnesota, do hereby certify and acknowledge that on the date hereof, I received from ____________________________________, the purchaser of $6,795,000 General Obligation Utility Revenue Bonds, Series 2020A, dated April 2, 2020, as the date of original issue, $___________, the purchase price thereof, no interest having accrued on the Bonds to the date here and the Bonds were thereupon delivered to the purchaser. Dated: April 2, 2020. CITY OF CHANHASSEN, MINNESOTA By ____________________________________ Its Finance Director 12370724v1 NONARBITRAGE CERTIFICATE The undersigned are the duly qualified and acting Mayor, City Manager, and Finance Director of the City of Chanhassen, Counties of Carver and Hennepin, Minnesota (the "Issuer"), charged, either alone or with others, with the responsibility of issuing $6,795,000 General Obligation Utility Revenue Bonds, Series 2020A, dated April 2, 2020, as the date of original issue (the "Bonds"). This Certificate is being executed in accordance with the income tax regulations relating to arbitrage bonds (the "Regulations") and may be relied upon as a certification under Section 1.148-2(b)(2) of the Regulations and under Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"). The undersigned, having made an investigation of the facts, circumstances and estimates pertaining to and in connection with the Bonds, hereby certify and reasonably expect as follows with respect to the Bonds: 1. Purpose; Statement. The proceeds of the Bonds will be used to finance improvements to the municipal water, sanitary sewer, and storm water systems (the "Project"). As of the date hereof, all of the representations and statements of fact contained in the resolution adopted by the City Council on March 9, 2020, relating to the Bonds (the "Resolution") are true and correct, and nothing has occurred between the date of adoption of the Resolution and the date hereof to cause any expectation or covenant stated in the Resolution to become unlikely or impossible of occurrence or performance, unreasonable or otherwise invalid. 2. Only Issue. No bonds (in addition to the Bonds) (i) are sold or are to be sold at substantially the same time as the Bonds, (ii) are sold pursuant to the same plan of financing with the Bonds, and (iii) are reasonably expected to be paid from substantially the same source of funds as the Bonds will be paid. 3. Proceeds and Uses. The Bonds were delivered and paid for on the date of this Certificate. The total sale proceeds of the Bonds (i.e. the issue price of the Bonds or the offering price of the Bonds to the public) is $____________, which together with accrued interest ($0.00) and earnings thereon (estimated to be $______________), do not exceed the total of: (i) $___________, estimated total financeable costs of the construction of the Project; (ii) $___________, expenses anticipated to be incurred in connection with the issuance of the Bonds, including Underwriting Compensation as defined below; and (iii) $_______, representing unused bond discount and surplus funds will be returned to the Issuer and deposited in the Debt Service Account hereinafter described. "Underwriting Compensation" is the difference between the amount paid by the underwriter in purchasing the Bonds from the Issuer and the amount of the issue price or reoffering price of the Bonds to the public. 4. Governmental Purposes; No Over-burdening of Tax-Exempt Market. The stated purposes of the Bonds are governmental purposes within the meaning of applicable law and 12370724v1 2 regulations. The "Sale Proceeds" of the Bonds (i.e., the issue price of the Bonds less accrued interest), less any amounts used to pay issuance expenses, together with estimated earnings thereon, will not exceed the estimated dollar cost of financing and constructing the Project less all other funds to be expended for paying such costs. 5. Fund and Accounts. The Bonds are payable from the General Obligation Utility Revenue Bonds, Series 2020A Fund (the "Fund"), which contains a Construction Account (for the construction of the Project) and a Debt Service Account (for payment of debt service on the Bonds). 6. Construction Account: Time Test; Due Diligence Test; Expenditure Test. (a) Costs of Construction and Issuance. The costs of constructing the Project and issuing the Bonds will be paid from the Construction Account in the Fund. The Issuer reasonably expects to satisfy the time test, the due diligence test and the expenditure test as set forth below: (i) Time Test. Substantial binding contracts or commitments for constructing the Project obligating the expenditure of not less than $_________ (five percent of the Net Sale Proceeds (as defined below) of the Bonds) have heretofore been entered into or made or will be entered into or made within six months from the date hereof. "Net Sale Proceeds" is the issue price of the Bonds less the accrued interest and less any bond proceeds deposited in any reserve fund or account. All such contracts are, or will be, binding obligations of the Issuer. (ii) Due Diligence Test. The construction of the Project and the allocation of the Net Sale Proceeds of the Bonds to expenditures has proceeded and will continue to proceed with due diligence to completion. The Project is estimated to be completed by _____________. (iii) Expenditure Test. Any contract or commitment for the construction of the Project heretofore or hereafter executed has provided or will provide for the construction of the Project in less than three years from the date hereof; and proceeds of the Bonds in an amount equal to at least eighty-five percent of the Net Sale Proceeds of the Bonds will be spent in paying the cost of the construction of the Project within three years from the date hereof. (b) Costs of Issuance; Transfer. The costs of issuing the Bonds will be incurred and paid within three years from the date hereof. Any moneys remaining in the Construction Account after completion of the Project and payment of the costs of issuing the Bonds will be transferred to the Debt Service Account unless transferred to the fund of any other project as authorized by law. (c) Investments. The Issuer shall not invest amounts in the Construction Account at a yield materially higher than the yield on the Bonds or in obligations exempt from federal income taxation under Section 103(a) of the Code if and to the extent moneys remain therein after the earlier of (i) construction of the Project is complete or, (ii) three years from the date hereof. 12370724v1 3 7. Debt Service Account and Operation and Maintenance Accounts: Funding; Investment Covenants. The principal and interest on the Bonds are payable from the Debt Service Account. The Issuer has covenanted that any sums from time to time held in the Construction Account, the Operation and Maintenance Accounts previously established for the water system, sanitary sewer system and storm water system as net revenues and expected to be transferred to the Debt Service Account, and the Debt Service Account (or any other account of the Issuer which will be used to pay debt service on the Bonds) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield (after taking into account all temporary periods) shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments. Besides the Debt Service Account and any sums held in the Operation and Maintenance Accounts as net revenues and expected to be transferred to the Debt Service Account, there is no other fund or account of cash or securities which the Issuer has set aside and expects to invest or maintain at a yield greater than the yield on the Bonds for the purpose of paying debt service on the Bonds. 8. Debt Service Account: Bona Fide Debt Service Fund; Minor Portion; Temporary Periods; Yield. The Debt Service Account and any balance of net revenues held in the Operation and Maintenance Accounts (the "Holding Account") and expected to be used to pay debt service on the Bonds serves two functions: (i) a bona fide debt service fund (within the meaning of Section 1.148-1(b) of the Regulations) which is used primarily to achieve a proper matching of revenues and principal and interest payments within each Bond Year and is depleted at least once a Bond Year except for a reasonable carryover amount not to exceed the greater of the earnings on the Debt Service Account for the immediately preceding Bond Year or one-twelfth of principal and interest payments on the Bonds for the immediately preceding Bond Year, and (ii) a sinking fund (within the meaning of Section 1.148-1(c)(2) of the Regulations), and each such function shall be treated for the purposes hereof as if it occurred in a separate account. Amounts deposited in the Debt Service Account and the Holding Account which are to be used to pay debt service on the Bonds within twelve months of their receipt by the Issuer (or which are a reasonable carryover amount with respect thereto) will be invested without regard to yield for a temporary period not longer than thirteen months. Receipts in the Debt Service Account and the Holding Account which will not be used to pay debt service on the Bonds within thirteen months of their receipt will be invested without regard to yield to the extent they do not in the aggregate exceed the "minor portion" of $100,000, which is an amount equal to the lesser of $100,000 or five percent of the Sale Proceeds of the Bonds. Sale proceeds of the Bonds are the issue price of the Bonds less accrued interest. All receipts in the Debt Service Account and the Holding Account may be invested without regard to yield for a temporary period of thirty days from receipt by the Issuer, and investment earnings on such sums may be invested without regard to yield for a longer temporary period of one year from receipt. Amounts not entitled to a temporary period or within said minor portion will not be invested at a yield which is materially higher than the yield on the Bonds, or will be invested without regard to yield in tax-exempt bonds as defined in Section 150(a)(6) of the Code, being obligations the interest on which is excluded from gross income under Section 103(a) of the Code. 12370724v1 4 9. Yield Determination; Materially Higher. The yield on the Bonds, based on their issue price being the initial offering price to the public, as shown in the Issue Price Certificate has been calculated to be ____________%; this yield on the Bonds will be recalculated if and as required by the Code or the Regulations. A "materially higher" yield is defined at Section 1.148- 2(d)(2) of the Regulations and is generally one-eighth of one percent (0.125%). 10. Rebate. The Issuer is subject to the rebate requirement imposed by §148(f) of the Code. The Issuer shall pay to the United States rebates of excess investment earnings in amounts at least equal to the amounts, and at times no later than the times, required by §148(f) of the Code and any Regulations promulgated thereunder. In applying the rebate requirement the Issuer will not take into account any amount earned on a bona fide debt service fund (as described in paragraph 6), because (a) the Bonds are not private activity bonds, (b) the rates of interest on the Bonds do not vary during the term of the issue, and (c) the average maturity of the Bonds is at least five years. Though the Issuer may utilize a temporary period, as set forth in paragraph 6, the Issuer expects that the Debt Service Account will in fact function as a bona fide debt service fund. The Issuer will purchase investments at fair market value and will avoid "prohibited payments" with respect to investments. The Issuer shall make determinations of the yield on the Bonds and the yield on investments within sixty days after the end of each fifth bond year and finally within sixty days of the final payment or redemption of the Bonds, and shall maintain records thereof until six years after the retirement of the last of the Bonds. If Regulations permit the Issuer to comply with the rebate requirement in a different manner, the Issuer may do so. The Issuer need not rebate any earnings on "available construction proceeds" of the Bonds if all "available construction proceeds" are expended within two years of the date hereof. The Issuer expects to spend all such moneys within such period. The Bonds are entitled to an exception for rebate if all available construction proceeds are expended within two years of the date hereof because at least seventy-five percent of the available construction proceeds of the Bonds are to be used for construction expenditures with respect to property which is to be owned by a governmental unit or 501(c)(3) organization. The Issuer expects to spend all such moneys for construction expenditures as follows: (a) not less than ten percent of the available construction proceeds will be spent for the governmental purpose of the Bonds within the six month period beginning on the date hereof; and (b) not less than forty-five percent of the available construction proceeds will be spent for such purposes within one year of the date hereof; and (c) not less than seventy-five percent of the available construction proceeds will be spent for such purposes within eighteen months of the date hereof; and (d) not less than one hundred percent of the available construction proceeds will be spent for such purposes within two years of the date hereof; provided that one hundred percent of 12370724v1 5 the available construction proceeds shall be treated as spent if such requirement is met within the three year period beginning on the date hereof and if the expenditure requirement would have been met within the two year period but for the withholding of a reasonable retainage not exceeding five percent of the available construction proceeds of the Bonds. The Issuer hereby declines to make, and does not make, an election of the application of §148(f)(4)(C)(vii) of the Code and the penalty it provides in lieu of rebate. The Issuer hereby declines to make, and does not make, an election to treat portions of the Bonds separately or any other elections with respect to the two year expenditure exception to rebate which are required to be made on or before the date the Bonds are issued. "Available construction proceeds" includes an amount equal to the issue price of the Bonds, increased by earnings on the issue price, earnings on amounts in any reasonably required reserve or replacement fund, and earnings on the foregoing earnings, reduced by the amount of the issue price in any reasonably required reserve or replacement fund and the issuance costs financed by the issue. Under §1.148-7(f)(2), the Issuer may elect on or before the date of issue, with respect to all of those two year expenditure requirements which are based on reasonable expectations, to apply them instead based on actual facts. The Issuer does not make this election. For purposes of determining compliance with the spending as of the end of each of the first three six month spending periods, available construction proceeds includes the amount of future earnings that the Issuer reasonably expected as of the issue date. That amount is $__________. For any later spending periods, future earnings must be estimated as of the end of the spending period. 11. §1.148-7(b)(4) provides a de minimis rule; any failure to satisfy the final spending requirement of the two year exception is disregarded if the Issuer exercises due diligence to complete the Project and the amount of the failure does not exceed the lesser of three percent of the issue price ($_____________) or $250,000. 12. Intentional Acts. The Issuer shall not take an deliberate, intentional action after the date hereof to earn arbitrage profit except to the extent such action would not have caused the Bonds to be arbitrage bonds had it been reasonably expected on the date hereof. 13. Basis For Expectations. The facts and estimates on which the foregoing expectations are based are (a) the documents included in the "Bond Transcript" prepared for the Bond Closing, (b) all engineering and architectural estimates, drawings, reports and plans and specifications heretofore furnished the Issuer with respect to the Project, (c) all contracts, if any, heretofore executed for the construction of the Project, (d) all expenditures which were heretofore made by the Issuer for the construction of the Project and which are to be reimbursed out of the proceeds of the Bonds, and (e) such other facts and estimates, if any, as may be set forth in an Exhibit A attached hereto. 14. No Abusive Arbitrage Device. No "abusive arbitrage device" within the meaning of Section 1.148-10 of the Regulations is used in connection with the Bonds. No action relating to the Bonds has the effect of (a) enabling the Issuer to exploit the difference between tax- 12370724v1 6 exempt and taxable interest rates to obtain a material financial advantage and (b) overburdening of the tax-exempt bond market. 15. Reimbursement Expenditures. None of the proceeds of the Bond will be used to reimburse the Issuer for reimbursement expenditures. 16. Monitoring of Expenditures and Investments. The Issuer will monitor the investment of Bond proceeds to assure compliance with Section 148 of the Code, and the Issuer will consult with bond counsel periodically with regard to arbitrage issues and compliance. 17. Familiarity; Conclusion. We are generally familiar with the requirements of the Regulations, and nothing has been called to our attention to cause us to believe that the proceeds of the Bonds will be used in a manner which would cause the Bonds to be arbitrage bonds within the meaning of Section 148 of the Code. 18. No Other Facts. To the best of the knowledge and belief of the undersigned, there are no other facts, estimates or circumstances which would materially change the foregoing facts and conclusions. Dated: April 2, 2020. CITY OF CHANHASSEN, MINNESOTA By ____________________________________ Its Mayor By ____________________________________ Its City Manager By ____________________________________ Its Finance Director 12370724v1 CERTIFICATE OF BOND REGISTRAR AND AUTHENTICATING AGENT $6,795,000 GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2020A CITY OF CHANHASSEN, MINNESOTA CERTIFICATE OF BOND REGISTRAR AND AUTHENTICATING AGENT I, _______________, do hereby certify that I am a Paying Agent Administrator, duly appointed and acting as such, of Bond Trust Services Corporation, in Roseville, Minnesota (the "Bond Registrar"). 1. Pursuant to authorization by, and direction of, the City of Clara City, Minnesota (the "City") certain of the authorized officers listed on the attached Exhibit A have this day authenticated each of the bonds of the $6,795,000 General Obligation Utility Revenue Bonds, Series 2020A (the "Bonds"), being in fully registered form, in the denominations equal to the total principal amount of the Bonds due on the specified maturity dates therefor; bearing the numbers of R-1 and upward; and have caused each Bond to be registered in the name of a "person" as defined in Section 1 201 of the Uniform Commercial Code, all in accordance with the provisions of the resolution adopted by the City Council on March 10, 2020 (the "Resolution"). 2. The authorized officers who have signed the Bonds have been duly authorized to sign the Bonds on behalf of the Bond Registrar acting as authenticating agent. 3. To the best of our knowledge the provisions of any bond registrar's agreement to be entered into between the City and the Bond Registrar will not conflict with the provisions of the Resolution with respect to the duties and responsibilities of the Bond Registrar set forth therein. 4. The CUSIP (Committee of Uniform Securities Identification Procedure) number of the Bonds with the latest maturity is ___________. Dated: April 2, 2020. BOND TRUST SERVICES CORPORATION By ____________________________________ Its Authorized Officer 12370724v1 CONTINUING DISCLOSURE UNDERTAKING This Continuing Disclosure Undertaking (the "Disclosure Undertaking") is executed and delivered by the City of Chanhassen, Minnesota (the "Issuer"), in connection with the issuance of its $6,795,000 General Obligation Utility Revenue Bonds, Series 2020A (the "Bonds"). The Bonds are being issued pursuant to a Resolution adopted on March 9, 2020 (the "Resolution"). Pursuant to the Resolution and this Disclosure Undertaking, the Issuer covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Undertaking. This Disclosure Undertaking is being executed and delivered by the Issuer for the benefit of the Owners and in order to assist the Participating Underwriters in complying with SEC Rule 15c2-12(b)(5). SECTION 2. Definitions. In addition to the definitions set forth in the Resolution, which apply to any capitalized term used in this Disclosure Undertaking unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any annual financial information provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Undertaking. "Audited Financial Statements" shall mean the financial statements of the Issuer audited annually by an independent certified public accounting firm, prepared pursuant to generally accepted accounting principles promulgated by the Financial Accounting Standards Board, modified by governmental accounting standards promulgated by the Government Accounting Standards Board. "Dissemination Agent" shall mean such party from time to time designated in writing by the Issuer to act as information dissemination agent and which has filed with the Issuer a written acceptance of such designation. "Financial Obligation" shall mean a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of (i) or (ii). This term shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. "Fiscal Year" shall be the fiscal year of the Issuer. "Governing Body" shall, with respect to the Bonds, have the meaning given that term in Minnesota Statutes, Section 475.51, Subdivision 9. "MSRB" shall mean the Municipal Securities Rulemaking Board. "Occurrence(s)" shall mean any of the events listed in Section 5 of this Disclosure Undertaking. "Official Statement" shall be the Official Statement dated __________, 2020, prepared in connection with the Bonds. 12370724v1 2 "Owners" shall mean the registered holders and, if not the same, the beneficial owners of any Bonds. "Participating Underwriter" shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. "Resolution" shall mean the resolution or resolutions adopted by the Governing Body of the Issuer providing for, and authorizing the issuance of, the Bonds. "Rule" shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time or interpreted by the Securities and Exchange Commission. SECTION 3. Provision of Annual Reports. A. Beginning in connection with the Fiscal Year ending on December 31, 2019, the Issuer shall, or shall cause the Dissemination Agent to provide to the MSRB by filing at www.emma.msrb.org, together with such identifying information as prescribed by the MSRB, an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Undertaking by not later than December 31, 2020, and by December 31 of each year thereafter. B. If the Issuer is unable to provide to the MSRB an Annual Report by the date required in subsection A, the Issuer shall send a notice of such delay and estimated date of delivery to the MSRB. SECTION 4. Content and Format of Annual Reports. The Issuer's Annual Report shall contain or incorporate by reference the financial information and operating data pertaining to the Issuer listed below as of the end of the preceding Fiscal Year. The Annual Report may be submitted to the MSRB as a single document or as separate documents comprising a package, and may cross-reference other information as provided in this Disclosure Undertaking. The following financial information and operating data shall be supplied: A. An update of the operating and financial data of the type of information contained in the Official Statement under the captions: Current Property Valuations; Direct Debt; Tax Levies and Collections; US Census Data/Population Trend; and Employment/Unemployment Data. Audited Financial Statements of the Issuer. The Audited Financial Statements of the Issuer may be submitted to the MSRB separately from the balance of the Annual Report. In the event Audited Financial Statements of the Issuer are not available on or before the date for filing the Annual Report with the MSRB as set forth in Section 3.A. above, unaudited financial statements shall be provided as part of the Annual Report. The accounting principles pursuant to which the financial statements will be prepared will be pursuant to generally accepted accounting principles promulgated by the Financial Accounting Standards Board, as such principles are modified by the governmental accounting standards promulgated by the Government Accounting Standards Board, as in effect from time to time. If Audited Financial Statements are not 12370724v1 3 provided because they are not available on or before the date for filing the Annual Report, the Issuer shall promptly provide them to the MSRB when available. SECTION 5. Reporting of Significant Events. This Section 5 shall govern the giving of notices of the occurrence of any of the following events with respect to the Bonds: (1) Principal and interest payment delinquencies; (2) Non-payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701- TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) Modifications to rights of security holders, if material; (8) Bond calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership or similar event of the Issuer; (13) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (14) Appointment of a successor or additional trustee or the change of name of a trustee, if material; (15) Incurrence of a Financial Obligation of the obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the obligated person, any of which affect security holders, if material; and, (16) Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a Financial Obligation of the obligated person, any of which reflect financial difficulties. Whenever an event listed above has occurred, the Issuer shall promptly, which may not be in excess of the ten (10) business days after the Occurrence, file a notice of such Occurrence with the MSRB, by filing at www.emma.msrb.org, together with such identifying information as prescribed by the MSRB. The Issuer agrees to provide or cause to be provided, in a timely manner, to the MSRB notice of a failure by the Issuer to provide the Annual Reports described in Section 4. 12370724v1 4 SECTION 6. Termination of Reporting Obligation. The Issuer's obligations under this Disclosure Undertaking shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. SECTION 7. Dissemination Agent. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Undertaking, and may discharge any such Agent, with or without appointing a successor Dissemination Agent. SECTION 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Undertaking, the Issuer may amend this Disclosure Undertaking, and any provision of this Disclosure Undertaking may be waived, if (a) a change in law or change in the ordinary business or operation of the Issuer has occurred, (b) such amendment or waiver would not, in and of itself, cause the undertakings herein to violate the Rule if such amendment or waiver had been effective on the date hereof but taking into account any subsequent change in or official interpretation of the Rule, and (c) such amendment or waiver is supported by an opinion of counsel expert in federal securities laws to the effect that such amendment or waiver would not materially impair the interests of Owners. SECTION 9. Additional Information. Nothing in this Disclosure Undertaking shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Undertaking or any other means of communication, or including any other information in any Annual Report or notice of an Occurrence, in addition to that which is required by this Disclosure Undertaking. If the Issuer chooses to include any information in any Annual Report or notice of an Occurrence in addition to that which is specifically required by this Disclosure Undertaking, the Issuer shall have no obligation under this Disclosure Undertaking to update such information or include it in any future Annual Report or notice of an Occurrence. SECTION 10. Default. In the event of a failure of the Issuer to provide information required by this Disclosure Undertaking, any Owner may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Issuer to comply with its obligations to provide information under this Disclosure Undertaking. A default under this Disclosure Undertaking shall not be deemed an Event of Default under the Resolution, and the sole remedy under this Disclosure Undertaking in the event of any failure of the Issuer to comply with this Disclosure Undertaking shall be an action to compel performance. SECTION 11. Beneficiaries. This Disclosure Undertaking shall inure solely to the benefit of the Issuer, the Participating Underwriters and Owners from time to time of the Bonds, and shall create no rights in any other person or entity. SECTION 12. Reserved Rights. The Issuer reserves the right to discontinue providing any information required under the Rule if a final determination should be made by a court of competent jurisdiction that the Rule is invalid or otherwise unlawful or, subject to the provisions of Section 8 hereof, to modify the undertaking under this Disclosure Undertaking if the Issuer determines that such modification is required by the Rule or by a court of competent jurisdiction. 12370724v1 5 Dated: April 2, 2020. CITY OF CHANHASSEN, MINNESOTA By ____________________________________ Its Mayor By ____________________________________ Its City Manager 12370724v1 $6,795,000 GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2020A CITY OF CHANHASSEN COUNTIES OF CARVER AND HENNEPIN MINNESOTA We have acted as bond counsel in connection with the issuance by the City of Chanhassen, Counties of Carver and Hennepin, Minnesota (the "Issuer"), of its $6,795,000 General Obligation Utility Revenue Bonds, Series 2020A, bearing a date of original issue of April 2, 2020 (the "Bonds"). We have examined the law and such certified proceedings and other documents as we deem necessary to render this opinion. We have not been engaged or undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds, and we express no opinion relating thereto. As to questions of fact material to our opinion, we have relied upon the certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation. Based upon such examinations, and assuming the authenticity of all documents submitted to us as originals, the conformity to original documents of all documents submitted to us as certified or photostatic copies and the authenticity of the originals of such documents, and the accuracy of the statements of fact contained in such documents, and based upon present Minnesota and federal laws (which excludes any pending legislation which may have a retroactive effect on or before the date hereof), regulations, rulings and decisions, it is our opinion that: (1) The proceedings show lawful authority for the issuance of the Bonds according to their terms under the Constitution and laws of the State of Minnesota now in force. (2) The Bonds are valid and binding general obligations of the Issuer and all of the taxable property within the Issuer's jurisdiction is subject to the levy of an ad valorem tax to pay the same without limitation as to rate or amount; provided that the enforceability (but not the validity) of the Bonds and the pledge of taxes for the payment of the principal and interest thereon is subject to the exercise of judicial discretion in accordance with general principles of equity, to the constitutional powers of the United States of America and to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted. (3) At the time of the issuance and delivery of the Bonds to the original purchaser, the interest on the Bonds is excluded from gross income for United States income tax purposes and is excluded, to the same extent, from both gross income and taxable net income for State of 12370724v1 2 Minnesota income tax purposes (other than Minnesota franchise taxes measured by income and imposed on corporations and financial institutions), and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals or the Minnesota alternative minimum tax applicable to individuals, estates or trusts. The opinions set forth in the preceding sentence are subject to the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes and from both gross income and taxable net income for State of Minnesota income tax purposes. Failure to comply with certain of such requirements may cause the inclusion of interest on the Bonds in gross income and taxable net income retroactive to the date of issuance of the Bonds. We express no opinion regarding other state or federal tax consequences caused by the receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds. Dated at Minneapolis, Minnesota this 2nd day of April, 2020. CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject Commission Appointments Section NEW BUSINESS Item No: H.2. Prepared By Kim Meuwissen, Office Manager File No: ADM 146G PROPOSED MOTION "The City Council appoints the following commissioners: Planning Commission _____________ and ______________ for three­year terms ending March 30, 2023." Park & Recreation Commission _____________, _____________ and ______________ for three­year terms ending March 30, 2023." Environmental Commission _____________ and ______________ for three­year terms ending March 30, 2023. Senior Commission _____________ and ______________ for three­year terms ending March 30, 2023, and _____________ for a one­year term ending March 30, 2021." Approval requires a Simple Majority Vote of members present. DISCUSSION Planning Commission There are two 3­year positions available for appointment to the Planning Commission.The terms of Commissioners John Tietz and Mark Undestad are expiring. Six applications were received, of which three are still active. The Planning Commission ranked the candidates as shown in the attached memo from Kate Aanenson.Also attached CITY COUNCIL STAFF REPORTMonday, March 9, 2020SubjectCommission AppointmentsSectionNEW BUSINESS Item No: H.2.Prepared By Kim Meuwissen, Office Manager File No: ADM 146GPROPOSED MOTION"The City Council appoints the following commissioners:Planning Commission_____________ and ______________ for three­year terms ending March 30, 2023."Park & Recreation Commission_____________, _____________ and ______________ for three­year terms ending March 30, 2023."Environmental Commission_____________ and ______________ for three­year terms ending March 30, 2023.Senior Commission_____________ and ______________ for three­year terms ending March 30, 2023, and _____________ for aone­year term ending March 30, 2021."Approval requires a Simple Majority Vote of members present.DISCUSSIONPlanning CommissionThere are two 3­year positions available for appointment to the Planning Commission.The terms of CommissionersJohn Tietz and Mark Undestad are expiring.Six applications were received, of which three are still active. The Planning Commission ranked the candidates as shown in the attached memo from Kate Aanenson.Also attached is an applications summary to assist the City Council in ranking the candidates. Park & Recreation Commission There are three 3­year positions available for appointment to the Park & Recreation Commission.The terms of Commissioners Hayley Pemrick Schubert, Karl Tsuchiya and Meredith Petouvis are expiring.  Hayley Pemrick and Karl Tsuchiya have reapplied. Four additional applications were received, of which two are still active. Youth Commissioner Zoe Erpelding was recently appointed to the Commission. No new youth applications were received. The Park & Recreation Commission ranked the candidates as shown in the attached memo from Park & Recreation Director Todd Hoffman.Also attached is an applications summary to assist the City Council in ranking the candidates. Environmental Commission There are two 3­year positions available for appointment to the Environmental Commission.The terms of Rachel Popken and Keith Butcher are expiring. Three applications were received. The Environmental Commission ranked the candidates as shown in the attached memo from Environmental Resources Coordinator Jill Sinclair.Also attached is an applications summary to assist the City Council in ranking the candidates. Senior Commission There are one or two 3­year positions available for appointment to the Senior Commission and one 1­year position available. The terms of Commissioners Carol Buesgens and Jerry Cerchia are expiring. Jerry Cerchia has reapplied.  Four additional applications have been received. The Senior Commission ranked the candidates as shown in the attached memo from Sharmeen Al­Jaff. Also attached is an applications summary to assist the City Council in ranking the candidates. Since the Senior Commission has the option of appointing seven or eight members, Council may choose to appoint one or two 3­year positions. ATTACHMENTS: City Code, Section 2­46. ­ Appointment to city committees and commissions Interview Schedule Planning Commission Recommendation Memo Planning Commission Application Summary Park & Recreation Commission Recommendation Memo Park & Recreation Commission Application Summary Environmental Commission Recommendation Memo Environmental Commission Application Summary Senior Commission Recommendation Memo Senior Commission Application Summary Page 1 ARTICLE IV. - BOARDS AND COMMISSIONS[4] Footnotes: --- (4) --- Cross reference— Park and recreation commission, § 14-16 et seq.; planning commission, § 15-16 et seq. State Law reference— Authority to establish advisory boards and commissions, M.S. § 412.621(2). DIVISION 1. - GENERALLY Sec. 2-46. - Appointment to city committees and commissions. All vacancies on committees, commissions, and boards shall be advertised to seek applicants. The city council may interview applicants before making appointment. With the exception of the housing and redevelopment authority, all appointments shall be by majority vote of the city council. Once appointed, an applicant shall serve until removed, with or without cause, by a four-fifths vote of the city council, until the expiration of the term of appointment and following appointment of the applicant's successor. Vacancies during a term shall be filled for the unexpired portion of the term. Sec. 2-46.01. - Same—Generally. The council determines the duties and exercises the powers of administrative boards or commissions. However, the council may establish boards or commissions as set forth in this article to investigate subjects or to perform quasi-judicial functions. Additional administrative boards or commissions shall be established as required by law or for the administration of a municipal function jointly shared with another political subdivision. (Ord. No. 363, § 4, 1-12-04) Sec. 2-46.03. - Planning commission. (a) Commission established. The planning commission is established pursuant to the Minnesota Municipal Planning Act, and has the powers and duties assigned to it by that Act, by this Code, and state law. The planning commission is hereby designated the planning agency of the city pursuant to the Municipal Planning Act. (b) Membership. The planning commission consists of seven members appointed in the manner set forth in this subsection. Members of the commission are appointed by the council for staggered terms of three years, expiring on March 31 of each year. (c) Officers; meetings. The chairperson and vice chairperson of the planning commission are appointed by the commission from among its membership for the term of one year. The commission shall adopt its own bylaws with the approval of the city council. All members of the commission may vote on all questions before the commission. No member of the commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable, or as required by law or this Code. Page 2 (d) Powers and duties. The planning commission shall have the powers and duties allowed under state law, including: (1) To prepare a comprehensive plan for the future development of the city that is submitted to the council for implementation and to recommend amendments of the plan to the council from time to time as may be necessary or desirable. (2) To initiate, direct, and review, from time to time, a study of the provisions of the zoning code and the subdivision regulations and to report to the council its advice and recommendations with respect thereto. (3) To study applications and proposals for amendments to the zoning code and applications for special permits and to advise the council of its recommendations thereon. (4) To study preliminary plats and to advise the council of its recommendations thereof. (5) To act in an advisory capacity to the council in all matters wherein powers are assigned to the council by state law concerning comprehensive planning, zoning, platting, changes in streets, and other matters of a general planning nature. (e) Reports. The commission shall make an annual written report to the council, not later than March 31 of each calendar year, containing the commission's recommendations for the ensuing year. (Ord. No. 363, § 5, 1-12-04) Sec. 2-46.05. - Park and recreation commission. (a) Creation. There is established a park and recreation commission for the city. (b) Membership. The park and recreation commission consists of seven members appointed in the manner set forth in this subsection. Members of the commission are appointed by the council for staggered terms of three years expiring on March 31 of each year. Additionally, the commission may also have one or two youth representatives who shall also be voting members. Youth representatives shall be appointed for one-year terms. (c) Officers; meetings. The chairperson and vice chairperson of the park and recreation commission are appointed by the commission from among its membership for the term of one year. The commission shall adopt its own bylaws with the approval of the city council. All members of the commission may vote on all questions before the commission. No member of the commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable or as required by law or this Code. (d) Powers and duties. The park and recreation commission shall have the following powers and duties: (1) To hold meetings of its members, to consider such matters pertaining to parks and public recreation programs in the city as shall be referred to the commission by the council, or as the members of the commission themselves deem proper. (2) To prepare a comprehensive plan for the future development of the city park and recreation system, to be submitted to the city council for implementation, and to maintain said plan, and recommend amendments of the plan to the city council, as may become necessary or desirable. (3) To act in an advisory capacity to the council in all matters relating to park and recreation in the city. (e) Reports. The commission shall make an annual written report to the council, not later than March 31 of each calendar year, containing the commission's recommendations for the ensuing year. (Ord. No. 363, § 6, 1-12-04; Ord. No. 582, § 1, 4-22-13) Page 3 Sec. 2-46.07. - Board of adjustments and appeals. Pursuant to M.S. § 462.354, a board of adjustments and appeals is hereby established. The planning commission shall serve as the board of adjustments and appeals. (Ord. No. 363, § 7, 1-12-04) Sec. 2-46.09. - Environmental commission. (a) Commission established. The environmental commission is established to provide the residents of Chanhassen with opportunities to improve the quality of their environment, address issues that affect the city's natural resources, provide environmental education to the public, bring a comprehensive perspective to environmental issues, and advocate the benefits and necessity of Chanhassen's natural resources. (b) Membership. The environmental commission consists of seven members appointed in the manner set forth in this subsection. Members of the commission are appointed by the council for staggered terms of three years expiring on March 31 of each year. (c) Officers; meetings. The chairperson and vice chairperson of the environmental commission are appointed by the commission from among its membership for the term of one year. The commission shall adopt its own bylaws with the approval of the city council. All members of the commission may vote on all questions before the commission. No member of the commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable or as required by law or this Code. (d) Powers and duties. The environmental commission has the following powers and duties: (1) The environmental commission shall serve as an advisory body to the city council and planning commission in addressing the needs of the environment as directed by the city council. All final decisions are to be made by the city council. (2) The environmental commission will consider and make recommendations at the direction of the city council regarding environmental issues. (3) The environmental commission will make recommendations at the direction of the city council regarding funding for environmental projects. (4) The environmental commission may propose studies to the city council and make recommendations according to the results. (5) The environmental commission will coordinate services with other governmental and private agencies for related issues. (e) Reports. The environmental commission shall make an annual written report to the council, not later than March 31 of each calendar year, containing the commission's recommendations for the ensuing year. (Ord. No. 363, § 8, 1-12-04) Sec. 2-46.11. - Senior commission. (a) Commission established. The senior commission serves as an advisory body to the city council in addressing the special needs of people over age 55 living in Chanhassen. They consider and make recommendations to the city council regarding the special needs of seniors in the areas of transportation, information and assistance, independent living in the home, social and recreational Page 4 programs, senior center and senior housing, but are not limited to these issues. All final decisions are made by the city council. (b) Membership. The senior commission consists of seven or eight members appointed in the manner set forth in this subsection. Members of the commission are appointed by the council for staggered terms of three years, expiring on March 31 of each year. (c) Officers; meetings. The chairperson and vice chairperson of the senior commission are appointed by the commission from among its membership for the term of one year. The commission shall adopt its own bylaws with the approval of the city council. All members of the commission may vote on all questions before the commission. No member of the commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable or as required by law or this Code. (d) Powers and duties. The senior commission shall have the following powers and duties: (1) They make recommendations to the city council regarding funding for special services to be provided for citizens over age 55. (2) They may propose needs studies for this age group where necessary and make recommendations to the city council based on the results. (3) They coordinate services with other governments and private agencies for this age group. (e) Reports. The commission shall make an annual written report to the council, not later than the last day of March of each calendar year, containing the comm ission's recommendations for the ensuing year. (Ord. No. 363, § 9, 1-12-04; Ord. No. 581, § 1, 4-8-13) Sec. 2-46.15. - Resignations and removal from commissions. Commissioners may resign voluntarily or may be removed from office by a majority vote of the city council. Vacancies on any advisory board or commission shall be filled by appointment with a majority vote of the city council. Vacancies shall be announced in the city's official newspaper and posted within city hall. Applications shall be available at the city clerk's office and shall be forwarded to the city council within the time prescribed. (Ord. No. 363, § 10, 1-12-04) Sec. 2-46.17. - Compensation. Commissioners shall serve without compensation. (Ord. No. 363, § 11, 1-12-04) Secs. 2-47—2-55. - Reserved. DIVISION 2. - HOUSING AND REDEVELOPMENT AUTHORITY[5] Footnotes: --- (5) --- Page 5 State Law reference— Creation of city housing and redevelopment authority, M.S. § 469.003. Sec. 2-56. - Authority to adopt housing plan, issue bonds, etc. The city economic development authority is authorized to exercise on behalf of the city all of the powers conferred by M.S. §§ 462C.01 to 462C.08, including without limitation, the power to adopt a housing plan and program and to issue and sell mortgage revenue bonds for single family housing. (Ord. No. 75, 11-7-83; Ord. No. 363, § 12, 1-12-04) Secs. 2-57—2-65. - Reserved. DIVISION 3. - RESERVED[6] Footnotes: --- (6) --- Editor's note—Ord. No. 363, § 13, adopted Jan. 12, 2004, repealed Div. 3, which pertained to the public safety commissions and derived from Ord. No. 70-B, §§ 1.01, 3.02, 4.02, 5.01, and 6.01, adopted Oct. 1, 1984; Ord. No. 166, §§ 1 and 2, adopted Apr. 27, 1992; Ord. No. 268, § 1, adopted May 12, 1997; and Ord. No. 298, § 2, adopted Feb. 14, 2000. Secs. 2-66—2-71. - Reserved. 2020 Commissions Interview Schedule FIRST MEETINGS IN APRIL: Planning Commission - April 7, 2020 Environmental Commission - April 8, 2020 Senior Commission - April 17, 2020 Park & Rec Commission - April 28, 2020 City Council Interviews Environmental Commission Interviews - February 12 March 2 6:00 5:00 Jerry Cerchia (SC)6:15 Dr. Jesse McAtee 5:15 Haley Pemrick Schubert (PRC)6:30 Markus Fischer 5:30 David Crouch (SC)6:45 Lucy Rehm 5:45 7:00 6:00 Tom Wertish (PC) 6:15 Eric Noyes (PC)Planning Commission Interviews - February 18 6:30 Mike Helland (PRC)1st Eric Noyes 6:45 Jessica Pettingill (PRC)2nd Mark von Oven 7:00 BREAK 3rd Brandon Carmack 7:15 Lucy Rehm (EC)4th Tom Wertish Withdrew 2/18/20 7:30 Jim Peck (PRC)5th Balakrishna Chintaginjala Withdrew 2/18/20 7:45 Balakrishna Chintaginjala (PC & PRC)6th Lynn Heimdahl Withdrew 2/7/20 8:00 Markus Fischer (EC & SC)7th 8:15 Dr. Jesse McAtee (EC)8th 8:30 Karen Zellner (SC)9th 8:45 Karl Tsuchiya (PRC)10th 9:00 Senior Commission Interviews - February 21 March 9 (if needed)10:10 Linda Haight 5:00 Linda Haight (SC)10:30 Markus Fischer 5:15 Mark von Oven (PC)10:50 5:30 Brandon Carmack (PC)11:10 Karen Zellner 6:15 11:30 David Crouch 6:30 11:50 6:45 Park & Rec Commission Interviews - February 26 Chintaginjala withdrew on 2/18/20 5:45 Wertish withdrew on 2/18/20 6:00 6:15 6:30 Mark von Oven withdrew from PRC 2/25/20 6:45 Jessica Pettingill 7:00 Mike Helland 7:15 Bala Chintaginjala Withdrew 2/18/20 Jim Peck can't make PRC interviews - per TH interview with CC only Incumbents Needs to confirm All commission appointments will take place at the March 9, 2020 City Council Meeting OITYOT OIIAI{HASSII'I Chanhassen is a Community for Life - Providing for loday and Planning for Tomonow TO MEMORANDUM FROM: DATE: SUBJ: Todd Gerhardt, City Manager Kate Aanenson, Community Development Director March 9,2020 Appointments to the Planning Commission The terms of John Tietzand Mark Undestad will expire on March 31,2020. These vacancies will need to be filled for three-year terms expiring March 31,2023. The Planning Commission interviewed three applicants at their regularmeeting on February 18,2020. The Planning Commission ranks the applicants as follows: o Eric Noyes o Mark von Oven o Brandon Carmack glcommission\202O\pc recommendation merno 03-09-20.docx PH 952.227.1 I 00 . www.ci.chanhassen.mn.us . FX 952.227. I I I 0 77OO MARKET BOULEVARD .PO BOX I4T.CHANHASSEN .MINNESOTA 55317 PLANNING COMMISSION APPLICATIONS SUMMARY c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\fe46b1ae-dc4f-49c2-a1bf-32f38f006e6d\chanhassen.4895.1.planning_commission_matrix.docx PLANNING COMMISSION – 2020 Terms Expiring: • John Tietz • Mark Undestad COMMISSION RANK COUNCIL RANK Applicants Eric Noyes, 8622 Valley View Court 1 Mark von Oven, 6655 Horseshoe Curve 2 Brandon Carmack, 8361 West Lake Drive 3 Alternate Applicants None (All applicants selected the Planning Commission as their first choice) -- -- Vacancies Three 3-Year Terms 3-Year Terms (2) 1. 2. g:\commission\2020\planning commission matrix.docx OITYOT OHAI{HASSTIII Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow TO MEMORANDUM FROM: DATE: SUBJ: Todd Gerhardt, City Manager Todd Hoffrnan, Park and Recreation Director February 27,2020 Recommendation Concerning Appointments to Park and Recreation Commission On Wednesday evening, February 26, members of the Park and Recreation Commission interviewed candidates for appointment to the commission. Commissioners who conducted the interviews included Jim Boettcher, Zoe Erpelding, Joe Scanlon and Matt Kutz. Applicants interviewed included Jess Pettingill and Mike Helland. Park and Recreation Commission incumbents Karl Tsuchiya and Haley Schubert have reapplied for their commission positions. Commissioner Meredith Petouvis is retiring from the Park and Recreation Commission after three years of service. As of April l, there are three open adult positions available on the Park and Recreation Commission. Upon conclusion of their discussion concerning the candidates, Commissioners Boettcher, Erpedling, Scanlon and Kutz recommended that the City Council appoint: Park and Recreation Commission Representatives, Adult - Three positions available (3-year terms): 1. Haley Schubert 2. Karl Tsuchiya 3. Mike Helland c: Park and Recreation Commission g:\park\th\commissionVO20 commission appointmatts recommendation memo.docx PH 952.227.1 I 00 . www.ci.chan hassen.mn.us . FX 952.227. I I I 0 77OO MARKET BOULEVARD .PO BOX I4T.CHANHASSEN .MINNESOTA 55317 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\554e4b2d-2543-4430-be7b-29123a6b19e4\chanhassen.4892.1.parkandrec_commission_matrix.docx PARK & RECREATION COMMISSION APPLICATIONS SUMMARY PARK & RECREATION COMMISSION – 2020 Terms Expiring: • Karl Tsuchiya • Haley Schubert • Meredith Petouvis COMMISSION RANK COUNCIL RANK Applicants Haley Schubert (Incumbent), 7608 Erie Avenue 1 Karl Tsuchiya (Incumbent), 356 Parkland Way 2 Mike Helland, 351 Parkland Way 3 Alternate Applicants None Youth Applicants None Vacancies Two 3-Year Terms/ One 1-Year Terms 3-Year Terms (3) 1. 2. 3. g:\commission\2020\parkandrec commission matrix.docx OITI OT OHAI'IHASSIIII Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow TO MEMORANDUM FROM: DATE: Todd Gerhardt, City Manager Jill Sinclair, Environmental Resources Specialist February 12,2020 Appointments to the Environmental CommissionSUBJ: The terms of Keith Butcher and Rachel Popken will expire on March 31,2020. Neither Commissioner Butcher nor Popken will be re-applying. These vacancies will need to be filled for a three-year term, expiring March 31,2023. The Commission interviewed three applicants at their regular meeting on February 12,2020. The commission ranked the applicants as follows:. Lucy Rehm o Markus Fischer o Dr. Jesse McAtee The Commission recommends appointing Lucy Rehm and Markus Fischer to full terms beginning April l, 2020- March 31,2023. g:\plan\js\ec\administrationhppoinunent letters\appts 20.docx PH 952.227.1 I 00 . www.ci.chan hassen.mn.us . FX 952.227. I I I 0 77OO MARKET BOULEVARD .PO BOX I47 .CHANHASSEN .MINNESOTA 55317 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\16c45f4e-b344-48aa-88c7- 609a178d1af8\chanhassen.4893.1.environmental_commission_matrix.docx ENVIRONMENTAL COMMISSION APPLICATIONS SUMMARY ENVIRONMENTAL COMMISSION – 2020 Terms Expiring: • Rachel Popken • Keith Butcher COMMISSION RANK COUNCIL RANK Applicants Lucy Rehm, 8132 Dakota Lane 1 Markus Fischer, 1070 Lake Susan Hills Drive 2 Dr. Jesse McAtee, 600 West 94th Street 3 Alternate Applicants None --- g:\commission\2020\environmental commission matrix.docx Vacancies Two 3-Year Terms 3-Year Terms (2) 1. 2. OITT OT OIIAI'IHASSTI{ Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow MEMORANDT'M TO: Todd Gerhardt, CityManager FROM: Sharmeen Al-Jaff, Senior Planner DATE: March 9,2020 SUBJ:Appointments to the Senior Commission There are two 3-year positions and one 1-year position available on the Senior Commission. The City Council has the option to appoint a total of 7 or 8 members to the Senior Commission per Section 2.46-l I (b) of the City Code. The terms of Carol Buesgens and Jerry Cerchia expire on March 31,2020. These vacancies will need to be filled for a three-year term, expiring March 31, 2023. Barbara Nevin resigned her position, which expires March 3 l, 2021 and may be filled with a one-yearterm. On February 21,2020, the Senior Commission interviewed four candidates and ranked them as shown in the order below: REQUESTED ACTTON The Senior Commission recommends that the City Council reappoints Jerry Cerchia to a 3-year term, appoints Linda Haight to a 3-year term and appoints Markus Fischer to a 1-year term. g:$lan\sj\sc\appointmentshppointments 2020.docx PH 952.227.1 I 00 . www.ci.chan hassen.mn.us . FX 952.227. I I I 0 Ierry Cerchia 1 Linda Haight 2 Markus Fischer J David Crouch 4 Karen Zellner 5 77OO MARKET BOULEVARD .PO BOX I4T.CHANHASSEN .MINNESOTA 55317 Name ln"oxiog SENIOR COMMISSION APPLICATIONS SUMMARY SENIOR COMMISSION – 2020 Terms Expiring: • Carol Buesgens • Jerry Cerchia Term Vacated: • Barbara Nevin (one year remaining) COMMISSION RANK COUNCIL RANK Applicants Jerry Cerchia (Incumbent), 761 Lake Susan Hills Drive 1 Linda Haight, 503 Del Rio Drive 2 David Crouch, 170 Lakeview Road East 4 Karen Zellner, 7616 Frontier Trail 5 Alternate Applicants Markus Fischer (EC first choice) 3 Vacancies Two 3-Year Terms and One 1-year Term 3-Year Terms (1 or 2) 1-Year Term 1. 2. 3. NOTE: The Senior Commission has the option to appoint a total of 7 or 8 commissioners per Section 2.46-11 (b) of the City Code. g:\commission\2020\senior commission matrix.docx CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject Review of Claims Paid 03­09­2020 Section CORRESPONDENCE DISCUSSION Item No: K.1. Prepared By Greg Sticha, Finance Director File No:  SUMMARY The following claims are submitted for review on March 09, 2020: Check Numbers Amounts 172667 – 172719 $205,161.42 ACH Payments $79,065.73 Total All Claims $284,227.15 ATTACHMENTS: Check Summary Check Summary ACH Check Detail Check Detail ACH Accounts Payable User: Printed: dwashburn 3/2/2020 8:47 AM Checks by Date - Summary by Check Number Check No Check DateVendor NameVendor No Void Checks Check Amount PlaSoc Argali Planet Soccer Ltd.02/20/2020 0.00 3,390.00172667 Crew2 Crew2 02/20/2020 0.00 32.96172668 ROAANI ROADKILL ANIMAL CONTROL 02/20/2020 0.00 837.00172669 BCATRA BCA 02/20/2020 0.00 45.00172670 CENENE CENTERPOINT ENERGY MINNEGASCO 02/20/2020 0.00 1,309.24172671 Crew2 Crew2 02/20/2020 0.00 32.96172672 CulBot Culligan Bottled Water 02/20/2020 0.00 172.99172673 CUTABO CUT ABOVE INC 02/20/2020 0.00 1,900.00172674 FerEnt Ferguson Enterprises, Inc. #1657 02/20/2020 0.00 228.44172675 GOGYMN Go Gymnastics 02/20/2020 0.00 1,078.00172676 gonhom GONYEA HOMES 02/20/2020 0.00 2,500.00172677 GRABAR GRAYBAR 02/20/2020 0.00 24.31172678 HeaPar HealthPartners, Inc.02/20/2020 0.00 67,404.26172679 JoneDavi David Jones 02/20/2020 0.00 100.00172680 MetGar Metro Garage Door Company 02/20/2020 0.00 732.66172681 MinuPre Minuteman Press 02/20/2020 0.00 59.00172682 MNHEAL MN DEPT OF HEALTH 02/20/2020 0.00 20,477.00172683 RilPur Riley Purgatory Bluff Creek Watershed District02/20/2020 0.00 2,563.17172684 SHEWIL SHERWIN WILLIAMS 02/20/2020 0.00 96.22172685 VanGeo George VanAlstine 02/20/2020 0.00 25.00172686 JEFDYP JEFFREY J. & KATHLEEN L. DYPWICK 02/21/2020 0.00 17,550.00172687 RICHHALV RICHARD T. & PATRICIA HALVER 02/21/2020 0.00 48,000.00172688 EDMYS ED MYSLIVECEK 02/21/2020 0.00 1,500.00172689 ZACKS ZACK'S INC.02/27/2020 0.00 571.54172690 ABCCLE ABC Cleaning, LLC 02/27/2020 0.00 150.00172691 AE2SCON AE2S CONSTRUCTION LLC 02/27/2020 0.00 2,392.65172692 ALLSTR ALLSTREAM 02/27/2020 0.00 490.84172693 ASPEQU Aspen Equipment 02/27/2020 0.00 753.46172694 BCATRA BCA 02/27/2020 0.00 45.00172695 BCATRA BCA 02/27/2020 0.00 33.25172696 CenLin CenturyLink 02/27/2020 0.00 59.19172697 ComMin Compass Minerals America, Inc 02/27/2020 0.00 4,056.49172698 CORMAI CORE & MAIN LP 02/27/2020 0.00 442.32172699 EGACOM EGAN COMPANY 02/27/2020 0.00 1,634.00172700 ELESYS ELECTION SYSTEMS & SOFTWARE IN 02/27/2020 0.00 20.15172701 FACMOT FACTORY MOTOR PARTS COMPANY 02/27/2020 0.00 316.10172702 ICMART ICMA RETIREMENT AND TRUST-457 02/27/2020 0.00 1,408.33172703 JohnDon Don Johnson 02/27/2020 0.00 25.74172704 KENGRA KENNEDY & GRAVEN, CHARTERED 02/27/2020 0.00 10,126.27172705 LEAMIN LEAGUE OF MINNESOTA CITIES 02/27/2020 0.00 1,000.00172706 MNHEAL MN DEPT OF HEALTH 02/27/2020 0.00 32.00172707 MNPOL MN Pollution Control Agency 02/27/2020 0.00 23.00172708 MNPOL MN Pollution Control Agency 02/27/2020 0.00 390.00172709 MNPOL MN Pollution Control Agency 02/27/2020 0.00 23.00172710 MNPOL MN Pollution Control Agency 02/27/2020 0.00 55.00172711 POST POSTMASTER 02/27/2020 0.00 660.56172712 SIGNSO SIGNSOURCE 02/27/2020 0.00 289.50172713 Page 1AP Checks by Date - Summary by Check Number (3/2/2020 8:47 AM) Check No Check DateVendor NameVendor No Void Checks Check Amount STPSTA ST PAUL STAMP WORKS 02/27/2020 0.00 132.32172714 DAVTRE The Davey Tree Expert Company 02/27/2020 0.00 1,980.00172715 TWIHAR TWIN CITY HARDWARE 02/27/2020 0.00 1,517.50172716 VALRIC VALLEY-RICH CO INC 02/27/2020 0.00 6,275.00172717 VOELSUSA SUSAN VOELKER 02/27/2020 0.00 100.00172718 WINGRICH RICHARD WING 02/27/2020 0.00 100.00172719 Report Total (53 checks): 205,161.42 0.00 Page 2AP Checks by Date - Summary by Check Number (3/2/2020 8:47 AM) Accounts Payable Checks by Date - Summary by Check User: dwashburn Printed: 3/2/2020 8:48 AM Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH OLSOANNI Annika Olson 02/20/2020 0.00 656.00 ACH CAMKNU CAMPBELL KNUTSON 02/20/2020 0.00 15,147.85 ACH carcou Carver County 02/20/2020 0.00 1,065.00 ACH DelDen Delta Dental 02/20/2020 0.00 4,678.20 ACH Avesis Fidelity Security Life 02/20/2020 0.00 205.80 ACH GSDIR GS DIRECT INC 02/20/2020 0.00 467.00 ACH H&LMES H & L Mesabi 02/20/2020 0.00 496.80 ACH HOOPTHRE Hoops & Threads LLC 02/20/2020 0.00 192.00 ACH IMPPOR IMPERIAL PORTA PALACE 02/20/2020 0.00 375.95 ACH InnOff Innovative Office Solutions LLC 02/20/2020 0.00 78.54 ACH AlHiJuli Juli Al-Hilwani 02/20/2020 0.00 28.00 ACH MVEC MN VALLEY ELECTRIC COOP 02/20/2020 0.00 256.87 ACH MobMin Mobile Mini, Inc 02/20/2020 0.00 1,620.00 ACH MUNCOD MUNICIPAL CODE CORPORATION 02/20/2020 0.00 900.00 ACH NAPA NAPA AUTO & TRUCK PARTS 02/20/2020 0.00 233.95 ACH PIORIM PIONEER RIM & WHEEL CO. 02/20/2020 0.00 485.53 ACH PreWat Premium Waters, Inc 02/20/2020 0.00 12.30 ACH RBMSER RBM SERVICES INC 02/20/2020 0.00 7,054.47 ACH SPRPCS SPRINT PCS 02/20/2020 0.00 103.44 ACH STRGUA STRATOGUARD LLC 02/20/2020 0.00 176.00 ACH Nyhart The Howard E. Nyhart Co. Inc 02/20/2020 0.00 2,500.00 ACH USABLU USA BLUE BOOK 02/20/2020 0.00 420.33 ACH WWGRA WW GRAINGER INC 02/20/2020 0.00 54.28 ACH XCEL XCEL ENERGY INC 02/20/2020 0.00 6,187.26 ACH ADAPES ADAM'S PEST CONTROL INC 02/27/2020 0.00 401.25 ACH AFLAC American Family Life Assurance Company of Columbus 02/27/2020 0.00 39.78 ACH BENEXT BENEFIT EXTRAS INC 02/27/2020 0.00 60.35 ACH BOYTRU Boyer Ford Trucks 02/27/2020 0.00 252.56 ACH carcou Carver County 02/27/2020 0.00 3,250.00 ACH COLELE Collins Electrical Construction Co 02/27/2020 0.00 1,122.28 ACH ColLif Colonial Life & Accident Insurance Co 02/27/2020 0.00 99.16 ACH DALCO DALCO ENTERPRISES, INC. 02/27/2020 0.00 44.92 ACH EMEAUT EMERGENCY AUTOMOTIVE TECH INC 02/27/2020 0.00 347.42 ACH FASCOM FASTENAL COMPANY 02/27/2020 0.00 211.69 ACH HeaStr Health Strategies 02/27/2020 0.00 525.50 ACH HOIKOE HOISINGTON KOEGLER GROUP 02/27/2020 0.00 1,751.10 ACH HydKle Hydro-Klean LLC 02/27/2020 0.00 7,221.05 ACH InnOff Innovative Office Solutions LLC 02/27/2020 0.00 454.17 ACH JOHSUP JOHNSTONE SUPPLY 02/27/2020 0.00 195.29 ACH MVEC MN VALLEY ELECTRIC COOP 02/27/2020 0.00 139.79 ACH NorAmerS North American Safety, Inc. 02/27/2020 0.00 342.00 ACH SPSCOM SPS COMPANIES INC 02/27/2020 0.00 46.32 ACH MINCON SUMMIT COMPANIES 02/27/2020 0.00 1,784.25 ACH UNIWAY UNITED WAY 02/27/2020 0.00 30.40 ACH WSB WSB & ASSOCIATES INC 02/27/2020 0.00 372.50 Page 1 of 2 Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH XCEL XCEL ENERGY INC 02/27/2020 0.00 16,878.23 ACH ZEEMED ZEE MEDICAL SERVICE 02/27/2020 0.00 100.15 Report Total:0.00 79,065.73 Page 2 of 2 Accounts Payable Check Detail-Checks User: dwashburn Printed: 03/02/2020 - 8:54 AM Name Check Da Account Description Amount ABC Cleaning, LLC 02/27/2020 101-1170-4300 Carpet Cleaning 150.00 ABC Cleaning, LLC 150.00 AE2S CONSTRUCTION LLC 02/27/2020 700-0000-4300 2020 SCADA Services 2,392.65 AE2S CONSTRUCTION LLC 2,392.65 ALLSTREAM 02/27/2020 101-1160-4300 Mitel Phone System Maintenance 490.84 ALLSTREAM 490.84 Argali Planet Soccer Ltd.02/20/2020 101-1600-4120 Soccer Goals 3,390.00 Argali Planet Soccer Ltd. 3,390.00 Aspen Equipment 02/27/2020 101-1550-4120 Parts 428.16 Aspen Equipment 02/27/2020 101-1550-4120 Parts 325.30 Aspen Equipment 753.46 BCA 02/27/2020 101-1120-4300 Criminal Background Investigation 45.00 BCA 02/27/2020 101-1220-4300 Criminal Background Investigation - Firefighter 33.25 BCA 02/20/2020 101-1120-4300 Criminal Background Investigation 45.00 BCA 123.25 CENTERPOINT ENERGY MINNEGASCO 02/20/2020 101-1220-4320 Monthly Services 887.69 CENTERPOINT ENERGY MINNEGASCO 02/20/2020 101-1530-4320 Monthly Services 324.85 CENTERPOINT ENERGY MINNEGASCO 02/20/2020 101-1171-4320 Monthly Services 87.70 CENTERPOINT ENERGY MINNEGASCO 02/20/2020 601-0000-3080 Monthly Services 9.00 CENTERPOINT ENERGY MINNEGASCO 1,309.24 CenturyLink 02/27/2020 700-7043-4310 Waste Water Bldg 59.19 CenturyLink 59.19 Compass Minerals America, Inc 02/27/2020 101-1320-4150 Bulk Couarse 4,056.49 Compass Minerals America, Inc 4,056.49 CORE & MAIN LP 02/27/2020 700-0000-4550 Hydrant Parts 442.32 CORE & MAIN LP 442.32 Crew2 02/20/2020 101-1250-3301 Permit 2020-00284 - 2130 Clover Court 32.96 Accounts Payable - Check Detail-Checks (03/02/2020 - 8:54 AM)Page 1 of 5 Name Check Da Account Description Amount Crew2 02/20/2020 101-1250-3301 Refund 2019-02659, 8649 Alisa Lane 32.96 Crew2 65.92 Culligan Bottled Water 02/20/2020 101-1220-4300 Bottle water service 172.99 Culligan Bottled Water 172.99 CUT ABOVE INC 02/20/2020 720-7202-4300 Tree work 1,900.00 CUT ABOVE INC 1,900.00 DYPWICK JEFFREY J. & KATHLEEN L.02/21/2020 605-6501-4701 Highway 101 Improvements- 10300 Great Plains Blvd 17,550.00 DYPWICK JEFFREY J. & KATHLEEN L. 17,550.00 EGAN COMPANY 02/27/2020 700-7043-4510 Service at the Water Treatment Plant 1,634.00 EGAN COMPANY 1,634.00 ELECTION SYSTEMS & SOFTWARE IN 02/27/2020 101-1180-4120 Automark Keys 20.15 ELECTION SYSTEMS & SOFTWARE IN 20.15 FACTORY MOTOR PARTS COMPANY 02/27/2020 101-1550-4140 Parts 212.54 FACTORY MOTOR PARTS COMPANY 02/27/2020 101-1550-4120 Parts 103.56 FACTORY MOTOR PARTS COMPANY 316.10 Ferguson Enterprises, Inc. #1657 02/20/2020 700-0000-4510 Drain Grate 4,187.66 Ferguson Enterprises, Inc. #1657 02/20/2020 700-0000-4510 Drain Grate - Return -3,959.22 Ferguson Enterprises, Inc. #1657 228.44 Go Gymnastics 02/20/2020 101-1537-3631 Gymnastics 1,078.00 Go Gymnastics 1,078.00 GONYEA HOMES 02/20/2020 815-8226-2024 9205 Eagle Ridge Road 2,500.00 GONYEA HOMES 2,500.00 GRAYBAR 02/20/2020 701-0000-4530 Parts 24.31 GRAYBAR 24.31 HALVER RICHARD T. & PATRICIA 02/21/2020 605-6501-4701 Highway 101 Improvements- 10271 Great Plains Blvd 48,000.00 HALVER RICHARD T. & PATRICIA 48,000.00 HealthPartners, Inc.02/20/2020 101-0000-2012 March - Family 32,179.65 HealthPartners, Inc.02/20/2020 101-0000-2012 March - Family - Cobra 1,582.10 HealthPartners, Inc.02/20/2020 210-0000-2012 March - Family 395.53 HealthPartners, Inc.02/20/2020 700-0000-2012 March - Family 4,509.01 HealthPartners, Inc.02/20/2020 701-0000-2012 March - Family 4,509.01 HealthPartners, Inc.02/20/2020 720-0000-2012 March - Family 2,072.56 HealthPartners, Inc.02/20/2020 101-0000-2012 March - Single 16,554.02 Accounts Payable - Check Detail-Checks (03/02/2020 - 8:54 AM)Page 2 of 5 Name Check Da Account Description Amount HealthPartners, Inc.02/20/2020 210-0000-2012 March - Single 633.04 HealthPartners, Inc.02/20/2020 700-0000-2012 March - Single 2,769.54 HealthPartners, Inc.02/20/2020 701-0000-2012 March - Single 1,503.46 HealthPartners, Inc.02/20/2020 720-0000-2012 March - Single 696.34 HealthPartners, Inc. 67,404.26 ICMA RETIREMENT AND TRUST-457 02/27/2020 101-0000-2009 2/28/2020 ID #304303 1,102.08 ICMA RETIREMENT AND TRUST-457 02/27/2020 700-0000-2009 2/28/2020 ID #304303 152.51 ICMA RETIREMENT AND TRUST-457 02/27/2020 701-0000-2009 2/28/2020 ID #304303 152.49 ICMA RETIREMENT AND TRUST-457 02/27/2020 720-0000-2009 2/28/2020 ID #304303 1.25 ICMA RETIREMENT AND TRUST-457 1,408.33 Johnson Don 02/27/2020 101-1220-4300 dropbox for dept iPads 25.74 Johnson Don 25.74 Jones David 02/20/2020 101-1560-4300 Lincoln Assassination Presentation 100.00 Jones David 100.00 KENNEDY & GRAVEN, CHARTERED 02/27/2020 605-6501-4701 Acquisition of Right of way for CR 101 8,904.27 KENNEDY & GRAVEN, CHARTERED 02/27/2020 300-0000-4300 Frontier Building Redevelopment 1,222.00 KENNEDY & GRAVEN, CHARTERED 10,126.27 LEAGUE OF MINNESOTA CITIES 02/27/2020 720-0000-4360 MN Cities Stormwater Coalition 1,000.00 LEAGUE OF MINNESOTA CITIES 1,000.00 Metro Garage Door Company 02/20/2020 101-1220-4510 Fire Station 1 garage door 732.66 Metro Garage Door Company 732.66 Minuteman Press 02/20/2020 101-1170-4110 Business Cards 59.00 Minuteman Press 59.00 MN DEPT OF HEALTH 02/27/2020 700-0000-4370 Water Supply System Operator Exam - Chadwick Syverson 32.00 MN DEPT OF HEALTH 02/20/2020 700-0000-4509 Community Water Supply 20,477.00 MN DEPT OF HEALTH 20,509.00 MN Pollution Control Agency 02/27/2020 701-0000-4370 Wastewater Certification Renewal - William Kistner 23.00 MN Pollution Control Agency 02/27/2020 701-0000-4370 Wastewater Certification Renewal - William Kistner 390.00 MN Pollution Control Agency 02/27/2020 701-0000-4370 Wastewater Certification Renewal - Brett Martinson 23.00 MN Pollution Control Agency 02/27/2020 701-0000-4370 Wasterwater Certification Exam - Chadwich Syverson 55.00 MN Pollution Control Agency 491.00 MYSLIVECEK ED 02/21/2020 605-6501-4701 Highway 101 Improvements- 10151 Great Plains Blvd 1,500.00 MYSLIVECEK ED 1,500.00 POSTMASTER 02/27/2020 700-0000-4330 Permit #14 330.28 POSTMASTER 02/27/2020 701-0000-4330 Permit #14 330.28 Accounts Payable - Check Detail-Checks (03/02/2020 - 8:54 AM)Page 3 of 5 Name Check Da Account Description Amount POSTMASTER 660.56 Riley Purgatory Bluff Creek Watershed District 02/20/2020 720-0000-4130 Iron Filings 2,563.17 Riley Purgatory Bluff Creek Watershed District 2,563.17 ROADKILL ANIMAL CONTROL 02/20/2020 101-1320-4350 Roadkill 837.00 ROADKILL ANIMAL CONTROL 837.00 SHERWIN WILLIAMS 02/20/2020 700-0000-4550 Paint 51.01 SHERWIN WILLIAMS 02/20/2020 700-0000-4150 Paint 45.21 SHERWIN WILLIAMS 96.22 SIGNSOURCE 02/27/2020 701-0000-4150 Printed Vinyl Logos 198.50 SIGNSOURCE 02/27/2020 101-1550-4340 Feb Fest - Banner date patches for 2021 91.00 SIGNSOURCE 289.50 ST PAUL STAMP WORKS 02/27/2020 101-1170-4110 Stamp for Public Works 132.32 ST PAUL STAMP WORKS 132.32 The Davey Tree Expert Company 02/27/2020 720-7202-4300 Lake Ann Beach Oak Pruning 1,980.00 The Davey Tree Expert Company 1,980.00 TWIN CITY HARDWARE 02/27/2020 700-7019-4510 Lever/Trim 1,517.50 TWIN CITY HARDWARE 1,517.50 VALLEY-RICH CO INC 02/27/2020 700-0000-4552 Job - 6540 Nez Perce Drive 6,275.00 VALLEY-RICH CO INC 6,275.00 VanAlstine George 02/20/2020 101-1260-3203 Double Paid Kennel Fee 25.00 VanAlstine George 25.00 VOELKER SUSAN 02/27/2020 720-7204-4901 2020 Waterwise Rebate 100.00 VOELKER SUSAN 100.00 WING RICHARD 02/27/2020 101-1220-4350 Station 2 cleaner 100.00 WING RICHARD 100.00 ZACK'S INC.02/27/2020 700-0000-4120 Parts 190.51 ZACK'S INC.02/27/2020 101-1320-4120 Parts 190.51 ZACK'S INC.02/27/2020 101-1550-4120 Parts 190.52 ZACK'S INC. 571.54 Accounts Payable - Check Detail-Checks (03/02/2020 - 8:54 AM)Page 4 of 5 Name Check Da Account Description Amount 205,161.42 Accounts Payable - Check Detail-Checks (03/02/2020 - 8:54 AM)Page 5 of 5 Accounts Payable Check Detail-ACH User: dwashburn Printed: 03/02/2020 - 8:55 AM Name Check Da Account Description Amount ADAM'S PEST CONTROL INC 02/27/2020 101-1170-4300 Monthly Service 131.25 ADAM'S PEST CONTROL INC 02/27/2020 101-1190-4300 Quarterly Service 270.00 ADAM'S PEST CONTROL INC 401.25 Al-Hilwani Juli 02/20/2020 101-1539-4300 Fit for Life Instruction 28.00 Al-Hilwani Juli 28.00 American Family Life Assurance Company of Columbus 02/27/2020 101-0000-2008 February 2020 39.78 American Family Life Assurance Company of Columbus 39.78 BENEFIT EXTRAS INC 02/27/2020 101-1120-4300 Cobra 60.35 BENEFIT EXTRAS INC 60.35 Boyer Ford Trucks 02/27/2020 101-1320-4140 Parts 151.47 Boyer Ford Trucks 02/27/2020 101-1320-4140 Parts 101.09 Boyer Ford Trucks 252.56 CAMPBELL KNUTSON 02/20/2020 101-1140-4302 Legal Services 15,147.85 CAMPBELL KNUTSON 15,147.85 Carver County 02/27/2020 720-0000-4300 2019 MS4 Education Programs and activities 3,250.00 Carver County 02/20/2020 700-7043-4320 CarverLink Fiber - WWTP + Well 3 425.00 Carver County 02/20/2020 101-1160-4320 CarverLink Internet / Fiber 540.00 Carver County 02/20/2020 101-1210-4300 Houlihan's Liquor License Investigation 100.00 Carver County 4,315.00 Collins Electrical Construction Co 02/27/2020 101-1170-4510 Add Outlet to Rec Area 669.03 Collins Electrical Construction Co 02/27/2020 101-1220-4300 Electrical Work 453.25 Collins Electrical Construction Co 1,122.28 Colonial Life & Accident Insurance Co 02/27/2020 101-0000-2008 February 2020 60.72 Colonial Life & Accident Insurance Co 02/27/2020 700-0000-2008 February 2020 19.22 Colonial Life & Accident Insurance Co 02/27/2020 701-0000-2008 February 2020 19.22 Colonial Life & Accident Insurance Co 99.16 DALCO ENTERPRISES, INC.02/27/2020 101-1220-4510 Supplies 44.92 Accounts Payable - Check Detail-ACH (03/02/2020 - 8:55 AM)Page 1 of 5 Name Check Da Account Description Amount DALCO ENTERPRISES, INC. 44.92 Delta Dental 02/20/2020 101-0000-2013 March 2020 1,706.80 Delta Dental 02/20/2020 101-0000-2013 March 2020 - Cobra 30.20 Delta Dental 02/20/2020 700-0000-2013 March 2020 294.20 Delta Dental 02/20/2020 701-0000-2013 March 2020 264.00 Delta Dental 02/20/2020 720-0000-2013 March 2020 123.40 Delta Dental 02/20/2020 101-0000-2013 February 2020 1,510.10 Delta Dental 02/20/2020 101-0000-2013 February 2020 - Cobra 30.20 Delta Dental 02/20/2020 210-0000-2013 February 2020 -24.92 Delta Dental 02/20/2020 700-0000-2013 February 2020 323.02 Delta Dental 02/20/2020 701-0000-2013 February 2020 292.82 Delta Dental 02/20/2020 720-0000-2013 February 2020 128.38 Delta Dental 4,678.20 EMERGENCY AUTOMOTIVE TECH INC 02/27/2020 101-1320-4140 Parts 347.42 EMERGENCY AUTOMOTIVE TECH INC 347.42 FASTENAL COMPANY 02/27/2020 101-1320-4560 parts 30.14 FASTENAL COMPANY 02/27/2020 101-1320-4140 Parts 7.92 FASTENAL COMPANY 02/27/2020 101-1320-4120 Parts 15.64 FASTENAL COMPANY 02/27/2020 101-1320-4260 Parts 157.99 FASTENAL COMPANY 211.69 Fidelity Security Life 02/20/2020 101-0000-2007 March 2020 176.86 Fidelity Security Life 02/20/2020 700-0000-2007 March 2020 13.49 Fidelity Security Life 02/20/2020 701-0000-2007 March 2020 13.47 Fidelity Security Life 02/20/2020 720-0000-2007 March 2020 1.98 Fidelity Security Life 205.80 GS DIRECT INC 02/20/2020 101-1310-4340 Plotter Ink 467.00 GS DIRECT INC 467.00 H & L Mesabi 02/20/2020 101-1550-4120 Plow Blade 496.80 H & L Mesabi 496.80 Health Strategies 02/27/2020 101-1220-4300 Services 383.00 Health Strategies 02/27/2020 101-1220-4300 Services 142.50 Health Strategies 525.50 HOISINGTON KOEGLER GROUP 02/27/2020 410-0000-4706 Park Equipment Replacement 1,751.10 HOISINGTON KOEGLER GROUP 1,751.10 Hoops & Threads LLC 02/20/2020 101-1220-4240 Nametags 192.00 Hoops & Threads LLC 192.00 Hydro-Klean LLC 02/27/2020 701-7053-4751 2020 I&I Project - Santiary Sewer Project 7,221.05 Accounts Payable - Check Detail-ACH (03/02/2020 - 8:55 AM)Page 2 of 5 Name Check Da Account Description Amount Hydro-Klean LLC 7,221.05 IMPERIAL PORTA PALACE 02/20/2020 101-1611-4400 Event - Lake Ann 375.95 IMPERIAL PORTA PALACE 375.95 Innovative Office Solutions LLC 02/27/2020 101-1170-4110 Office Supplies 71.04 Innovative Office Solutions LLC 02/27/2020 101-1170-4110 Office Supplies 261.56 Innovative Office Solutions LLC 02/27/2020 101-1170-4110 Office Supplies 8.29 Innovative Office Solutions LLC 02/27/2020 101-1170-4110 Office Supplies 45.83 Innovative Office Solutions LLC 02/27/2020 101-1170-4110 Office Supplies 67.45 Innovative Office Solutions LLC 02/20/2020 101-1170-4110 Office Supplies 78.54 Innovative Office Solutions LLC 532.71 JOHNSTONE SUPPLY 02/27/2020 101-1550-4530 Parts 195.29 JOHNSTONE SUPPLY 195.29 MN VALLEY ELECTRIC COOP 02/27/2020 101-1350-4320 Bluff Crk & Flying Cloud Dr 139.79 MN VALLEY ELECTRIC COOP 02/20/2020 101-1350-4320 County Rd 61 & St. Hwy 101 256.87 MN VALLEY ELECTRIC COOP 396.66 Mobile Mini, Inc 02/20/2020 101-1617-4410 Open Bay Office 540.00 Mobile Mini, Inc 02/20/2020 101-1617-4410 Open Bay Office 540.00 Mobile Mini, Inc 02/20/2020 101-1617-4410 Open Bay Office 540.00 Mobile Mini, Inc 1,620.00 MUNICIPAL CODE CORPORATION 02/20/2020 101-1160-4300 Online City Code Hosting Fee 900.00 MUNICIPAL CODE CORPORATION 900.00 NAPA AUTO & TRUCK PARTS 02/20/2020 101-1320-4140 Parts 170.60 NAPA AUTO & TRUCK PARTS 02/20/2020 101-1320-4120 Parts 58.76 NAPA AUTO & TRUCK PARTS 02/20/2020 101-1320-4140 Supplies 4.59 NAPA AUTO & TRUCK PARTS 233.95 North American Safety, Inc.02/27/2020 700-0000-4240 Safety Clothing 171.00 North American Safety, Inc.02/27/2020 701-0000-4240 Safety Clothing 171.00 North American Safety, Inc. 342.00 Olson Annika 02/20/2020 101-1538-4300 Babysitting Training 656.00 Olson Annika 656.00 PIONEER RIM & WHEEL CO.02/20/2020 101-1320-4120 Parts 285.36 PIONEER RIM & WHEEL CO.02/20/2020 101-1320-4120 Parts 200.17 PIONEER RIM & WHEEL CO. 485.53 Premium Waters, Inc 02/20/2020 101-1550-4120 Monthly Service 12.30 Accounts Payable - Check Detail-ACH (03/02/2020 - 8:55 AM)Page 3 of 5 Name Check Da Account Description Amount Premium Waters, Inc 12.30 RBM SERVICES INC 02/20/2020 101-1190-4300 Monthly Janitorial 3,471.10 RBM SERVICES INC 02/20/2020 101-1170-4300 Monthly Janitorial 3,583.37 RBM SERVICES INC 7,054.47 SPRINT PCS 02/20/2020 700-0000-4310 Monthly Cellular Service 51.72 SPRINT PCS 02/20/2020 701-0000-4310 Monthly Cellular Service 51.72 SPRINT PCS 103.44 SPS COMPANIES INC 02/27/2020 101-1170-4510 Repair 46.32 SPS COMPANIES INC 46.32 STRATOGUARD LLC 02/20/2020 101-1160-4300 Proofpoint Email Filtering 176.00 STRATOGUARD LLC 176.00 SUMMIT COMPANIES 02/27/2020 101-1190-4300 Annual Fire Extinguisher Inspection 75.00 SUMMIT COMPANIES 02/27/2020 101-1170-4300 Annual Fire Extinguisher Inspection 236.00 SUMMIT COMPANIES 02/27/2020 101-1370-4300 Annual Fire Extinguisher Inspection 1,473.25 SUMMIT COMPANIES 1,784.25 The Howard E. Nyhart Co. Inc 02/20/2020 101-1130-4301 Professional Services Through January 31, 2020 2,500.00 The Howard E. Nyhart Co. Inc 2,500.00 UNITED WAY 02/27/2020 101-0000-2006 PR Batch 00428.02.2020 United Way 30.40 UNITED WAY 30.40 USA BLUE BOOK 02/20/2020 701-0000-4530 Measuring Element 420.33 USA BLUE BOOK 420.33 WSB & ASSOCIATES INC 02/27/2020 101-1310-4300 Professional Services Jan 1 - Jan 31, 2020 372.50 WSB & ASSOCIATES INC 372.50 WW GRAINGER INC 02/20/2020 101-1370-4530 Wheels for cart 54.28 WW GRAINGER INC 54.28 XCEL ENERGY INC 02/27/2020 601-0000-3080 Wells 8.28 XCEL ENERGY INC 02/27/2020 700-0000-4320 Wells 4,902.76 XCEL ENERGY INC 02/27/2020 101-1170-4320 City Utilities 1,369.95 XCEL ENERGY INC 02/27/2020 101-1190-4320 City Utilities 1,369.75 XCEL ENERGY INC 02/27/2020 101-1220-4320 City Utilities 929.10 XCEL ENERGY INC 02/27/2020 101-1370-4320 City Utilities 1,902.68 XCEL ENERGY INC 02/27/2020 101-1171-4320 City Utilities 20.25 XCEL ENERGY INC 02/27/2020 700-0000-4320 City Utilities 237.83 XCEL ENERGY INC 02/27/2020 701-0000-4320 City Utilities 237.83 XCEL ENERGY INC 02/27/2020 601-0000-3080 City Utilities 330.92 Accounts Payable - Check Detail-ACH (03/02/2020 - 8:55 AM)Page 4 of 5 Name Check Da Account Description Amount XCEL ENERGY INC 02/27/2020 601-0000-3080 East Water Treatment Plant 154.06 XCEL ENERGY INC 02/27/2020 700-7019-4320 East Water Treatment Plant 3,477.04 XCEL ENERGY INC 02/27/2020 701-0000-4320 Lift Stations 2,570.03 XCEL ENERGY INC 02/27/2020 700-0000-4320 Lift Stations -895.15 XCEL ENERGY INC 02/27/2020 601-0000-3080 Lift Stations 178.25 XCEL ENERGY INC 02/27/2020 101-1350-4320 Utilities 73.07 XCEL ENERGY INC 02/27/2020 601-0000-3080 Utilities 11.58 XCEL ENERGY INC 02/20/2020 700-7043-4320 Monthly Service - 6910 Galpin Blvd 4,364.32 XCEL ENERGY INC 02/20/2020 601-0000-3080 Monthly Service - 6910 Galpin Blvd 120.00 XCEL ENERGY INC 02/20/2020 700-0000-4320 Monthly Service - Water Tower 84.27 XCEL ENERGY INC 02/20/2020 601-0000-3080 Monthly Service - Water Tower 5.79 XCEL ENERGY INC 02/20/2020 101-1600-4320 Monthly Service - 7599 Minnewashta Pkwy 16.27 XCEL ENERGY INC 02/20/2020 101-1350-4320 Monthly Service - Pedestrian Flashers 11.32 XCEL ENERGY INC 02/20/2020 601-0000-3080 Monthly Service - Pedestrian Flashers 5.79 XCEL ENERGY INC 02/20/2020 101-1350-4320 Monthly Service - Pedestrian Flashers 11.32 XCEL ENERGY INC 02/20/2020 601-0000-3080 Monthly Service - Pedestrian Flashers 5.79 XCEL ENERGY INC 02/20/2020 700-0000-4320 Monthly Service - 1720 Lake Lucy Rd 1,475.36 XCEL ENERGY INC 02/20/2020 601-0000-3080 Monthly Service - 1720 Lake Lucy Rd 13.79 XCEL ENERGY INC 02/20/2020 101-1350-4320 Monthly Service - 1532 Lynman Blvd 29.53 XCEL ENERGY INC 02/20/2020 601-0000-3080 Monthly Service - 1532 Lynman Blvd 5.79 XCEL ENERGY INC 02/20/2020 101-1350-4320 Monthly Service - Signal Lights 32.13 XCEL ENERGY INC 02/20/2020 601-0000-3080 Monthly Service - Signal Lights 5.79 XCEL ENERGY INC 23,065.49 ZEE MEDICAL SERVICE 02/27/2020 101-1550-4120 Medical Supplies 100.15 ZEE MEDICAL SERVICE 100.15 79,065.73 Accounts Payable - Check Detail-ACH (03/02/2020 - 8:55 AM)Page 5 of 5 CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject Letter from Minnetonka Public Schools to Sen. David Osmek and Rep. Kelly Morrison Section CORRESPONDENCE DISCUSSION Item No: K.2. Prepared By Kim Meuwissen, Office Manager File No:  ATTACHMENTS: MN TH41/Minnetonka Middle School West Intersection Safety Improvements Letter 02­28­2020 =F' Dernir L. Polarson Supednlendenl of Schools Minnelonka Public Schools 5621 Courty Road l0l Minnclonka, MN 55345 (952) 401-5004 (952) 401-5083 fax dennis.pelerson@minnelonkaschools.org MTNNEToNKA CHANHAssEN DEFifiavEN EDEN PR^rnrE ExcErsroR SHoREwooD ToNxa BAY Febntary 28,2020 Sen. David J. Osmek 95 University Avenue W. Room 2107 St. Paul, MN 55155 Rep. Kelly Monison 429 State Ofnce Building St. Paul, MN 55155 Re: MN TH4l/]vlinnetonka Middle School west Intersection Safety Improvements Dear Sen, Osmek and Rep. Morrison: TogetheE the city of chanhassen and the Minnetonka public school District (#276)would like to formally notis yoy of our request for state nona frrnaing ror thlproposed safety improvement project at the access to Minnetonka Middi; scho;lwest (MMSW, 642r Hazeltine Boulevard) along Minnesota state Highway 4l in Chanhassen, The.MMSW, unfort lnately, is completely isolated and cut off from surrounding local roadways and only has one access in and out of the property, wrich trappenJ to uefrom TH41. This single point of access, which must accommdate *t od;;;.e;g", cars, but buses as well, creates a high demand on the intersection pti."tily at p"? moming arrivals and afternoon dismissals timeframes. Additionally, tir. J"-"intersection also serves as the only access for a senior memory care facility dirrctlyacross TH4l from MMSW. To compound the problem even further,'there is undeveloped property adjacent to the memory care facility that will require ,r" "r trri, same intersection as their only access point once developed, A preliminary engineering study has been perfonned that investigated the traffic concerns, developed a concept intersection improvement layout, arid estabtishea an estimated consbuction cost, The estimated construction "o.i i, $1,400,000, however the -funding request is $1,500,000 to account for other project costs and inflation. Theplefeled conceptual layout indicates consfiuction of a ioundabout rather than a trfficsignal at the intersection. The concept layout also incorporates a potential futurewidening ofTlI4l to 4Janes. The study indicates that during a recent 5-year study period, there have been a total of12 rcported crashes, including 5 injury crashes. TLi ar".ag" wait-time for vehiclesexiting the school onto TH4l is seven (7) to eighr (g) minut-es with a qu"u. t*$h oi300 to 450 feet at peak times. Senrrrc rnr CREENw@D j\ll\\I li)i\(..\ l)['lit I( \( lllri)l s + These dynamics result in a failing Level of Service and,.as you "aa i6agine' :?1caus: fustation ioi- tfr" ur"o. These frustrations" can often lead to risk-taking behavior which could result in serious vehicle collisions. The MMSW serves residents in portions of the communities of chanhassen, Excelsior, Shorewood and Victoria, and has approximately I ,160 students' This project will benefit not only the students, parents, staff, and visitors of the school, but the general TH41 traveling public at large. Thank you very much for your support of this critically important safety improvement ploject at one of our vibrant and well attended public schools' Sincerely, CITYoFcHANHAssEN&MINNEToNKAPUBLICScHooLDISTRICT(#276) Elise Ryan Mayor Dennis PetersorL Ph.D. Superintendent cc Todd Gerhardt, Chanhassen City Manager Dr. Paula Hoff, MMSW PrinciPal to4n-W CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject 2020 Building Permit Activity February Year To Date Section CORRESPONDENCE DISCUSSION Item No: K.3. Prepared By Kim Meuwissen, Office Manager File No:  ATTACHMENTS: 2020 Building Permit Activity February YTD 2020 Buitding Permit Activity Februury YTDCity of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 952-227-1100 2424Residential Single-FamilY 00Residential Townhomes 00Apartments/S enior Facilities 2424Total Residential 00New 00Redeveloped 44Remodeled 44Total Commercial 156Single-Family Lots 24Residential Townhome Lots 180Total Available Lots 2440495548Single-Family 01856t20Townhomes 00268760Apartments/Senior Facilities 7575810967Commercial 31115431233t34Total Number of AII Permits \\cfs5\cfs5\shared-data\admin\forms\building permit activity 2020 ytd.doc Residential Building Permits I't Quarter 2nd Quarter 3'd Quarter YTD 4th Quarter Total YTD Commercial Building Permits l't Quarter 2nd Quarter 3'd Quarter YTD 4th Quarter Total YTD Available Lot InventorY (end of Ouarter) l't Quarter 2nd Quarter 3'd Quarter YTD 4th Quarter Total Permit HistorY 2016 2017 2018 2019 2020 2020 3t312020BUILDING PERMIT OATA 2020 Item FEBR(JARY MARCH APRIL Subtotals Section I R6idential SF DETACHED l0l 9 9 9 $4,017,000 t5 l5 l5 s5.424.000 24 SF ATTACIIED r02 0 0 0 $ 2-FAMILY t03 0 0 0 5 OR MORE FAItIILY t05 0 0 0 $ t09 9 9 9 M.037.000 t5 t5 t5 $5.424.000 $0 $0 s0 $0 24 24 HOTELS/MOTEI-S 2t3 0 OTHER 214 0 0 0 $ Subtohl $0 $0 $0 $0 $o $0 0 0 Amusment .r l8 0 0 0Churchs $ Indushial .120 0 0 0 Parkin!-t2t 322 0 0 0 $ 321 0 0 0 $ Public Works 425 0 0 Schools 326 327 0 0 0 s Otho .r23 0 Shctures oths than blds.I $1s7.000 $483.000 3 0 0 $ 640.000 subkilal I $r57.000 2 $48-1,000 $0 $o $0 $0 3 0 ;rction 4 Additions $1,257,400 R6idential 434 26 26 s5-r t.400 40 40 $726.000 Nonr6idential 431 2 2 $l 05.000 2 2 $23.000 4 .l 0 s 128.000 ,113 I I $2s.000 7l 1t 0 $sublot 28 28 $636.400 4-3 4.1 $774.000 $0 s0 $0 sstion 5 Dmolition SF Amched 645 I I 0 I $ 2 Fmily 6,16 647 0 0 0 $ 5 or more family 648 0 L______lllo 0 sOthssSuhrolalII$0 $0 $0 $0 $0 $o 0 I it TOTALS 38 l8 t0 M,830.400 60 5 t5 $6,68 l,000 $0 $0 $0 $o 98 s6 25 $ il.51 1,400 SF DETACHED M48.5s6 $161.600 #DIV/OI #DM0!#Drvio!HDTV/O! SF ATTACHED #Dw/01 #Drv/o!#Dlv/0l #Dtv/o1 #DTV/O! 2.FAMILY #DMo! #Dw/0! #DMo!#Drv/o!#DMo! #DMo! #DIVi OI dDM0! 3-4 FAMILY 5 OR MORE FAMILY #Dtv10l #DMo!#DM!#Drv/0!#DM0l #DM0! Avoafe $448.556 s36t.600 #Drv/0!#Dw/0!#DM0!#D \\cfss\cfs5\shared_Data\PLAN\cENSUS\RPT 2020 NI ]ARY l I I I I I I ^<nir,l/ln.lih'ti^n^l I to16 I I r {roloo Avtr oe Vrln.ti6n. dDIV,'