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Agenda and PacketAGENDA CHANHASSEN CITY COUNCIL MONDAY, MARCH 22, 2021 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD Electronic Meeting Due to the COVID­19 pandemic, for the next few weeks it is anticipated that some or all members of the City Council will participate in meetings by telephone and/or web conference pursuant to Minnesota Statutes, Section 13D.021,rather than in person at the city council’s regular meeting place at Chanhassen City Hall, 7700 Market Boulevard, Chanhassen, Minnesota. The Public Hearings portion of the City Council agenda allow for the public to provide comments on those agenda items. To help ensure an open public process, we have made accommodations for the public to continue to view and participate in public hearings by selecting one of three options: City Council Meetings EMAIL your comments to the City Council at publiccomments@ci.chanhassen.mn.us All comments received by 6:30 p.m. on the day of the meeting will be included as a part of the city council meeting. This is the preferred method of public participation for City Council meetings. WATCH the meeting live online at www.ci.chanhassen.mn.us/agendas or on Mediacom Cable Channel 107.2. The meeting begins at 7:00 pm. PHONE in your comments at  952­227­1630 when the Mayor opens the desired public hearing for comment. The Mayor will take each call in the order received. ATTEND the meeting in person and present your comments when called upon. Social distancing practices will be observed during the meeting. Seating will be limited for this option. If you wish to make a public comment under the Visitor Presentations portion of the City Council agenda, please review the Guidelines for Visitor Presentations and complete and submit the online form. NOTE: For all options, you must provide your name and address for the record. 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. ­ Interview Commission Applicants AGENDACHANHASSEN CITY COUNCILMONDAY, MARCH 22, 2021CHANHASSEN CITY HALL, 7700 MARKET BOULEVARDElectronic MeetingDue to the COVID­19 pandemic, for the next few weeks it is anticipated that some or all members of theCity Council will participate in meetings by telephone and/or web conference pursuant to MinnesotaStatutes, Section 13D.021,rather than in person at the city council’s regular meeting place at ChanhassenCity Hall, 7700 Market Boulevard, Chanhassen, Minnesota.The Public Hearings portion of the City Council agenda allow for the public to provide comments onthose agenda items. To help ensure an open public process, we have made accommodations for thepublic to continue to view and participate in public hearings by selecting one of three options:City Council MeetingsEMAILyour comments to the City Council at publiccomments@ci.chanhassen.mn.us Allcomments received by 6:30 p.m. on the day of the meeting will be included as a part of the citycouncil meeting. This is the preferred method of public participation for City Councilmeetings.WATCH the meeting live online at www.ci.chanhassen.mn.us/agendas or on Mediacom CableChannel 107.2. The meeting begins at 7:00 pm. PHONE in your comments at 952­227­1630 when the Mayor opens the desired public hearing for comment. The Mayor will takeeach call in the order received.ATTEND the meeting in person and present your comments when called upon. Social distancingpractices will be observed during the meeting. Seating will be limited for this option.If you wish to make a public comment under the Visitor Presentations portion of the City Councilagenda, please review the Guidelines for Visitor Presentations and complete and submit the online form.NOTE: For all options, you must provide your name and address for the record.A.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. ­ Interview Commission Applicants 2.5:30 P.M. ­ Discuss Commission Appointments 3.6:00 P.M. ­ Overview of Draft Strategic Plan 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 March 8, 2021 2.Receive Environmental Commission Minutes dated February 10, 2021 3.Receive Economic Development Commission Minutes dated February 9, 2021 4.Approve 2021 Liquor License Renewals 5.Ordinance No. XXX: Approve Code Amendments to Chapters 18 and 20 6.Resolution No. 2021­XX: Accept Bids and Award Contract for the 2021 Sealcoat Project 7.Award Contract for Pothole Patching 8.Recreation Center Capital Improvement Wall Replacement 9.Approve Agreement with McGrath Consulting Group, Inc. for Compensation Analysis 10.Approve Agreement with Carver County and Chaska for a Dispatch Operations Study 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.Bridget Reiter ­ Mayor for a Day Essay Contest Honorable Mention Designation 2.Kelly Davidson Citizen Action Request 3.Ann Miller Citizen Action Request F.FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE 1.Fire Department Update 2.Law Enforcement Update G.OLD BUSINESS H.PUBLIC HEARINGS 1.Resolution No. 2021­XX: Modification to the Development Program for the Downtown Chanhassen Redevelopment Project Area and Establishment of Tax Increment Financing District No. 12 I.NEW BUSINESS 1.Commission Appointments J.COUNCIL PRESENTATIONS AGENDACHANHASSEN CITY COUNCILMONDAY, MARCH 22, 2021CHANHASSEN CITY HALL, 7700 MARKET BOULEVARDElectronic MeetingDue to the COVID­19 pandemic, for the next few weeks it is anticipated that some or all members of theCity Council will participate in meetings by telephone and/or web conference pursuant to MinnesotaStatutes, Section 13D.021,rather than in person at the city council’s regular meeting place at ChanhassenCity Hall, 7700 Market Boulevard, Chanhassen, Minnesota.The Public Hearings portion of the City Council agenda allow for the public to provide comments onthose agenda items. To help ensure an open public process, we have made accommodations for thepublic to continue to view and participate in public hearings by selecting one of three options:City Council MeetingsEMAILyour comments to the City Council at publiccomments@ci.chanhassen.mn.us Allcomments received by 6:30 p.m. on the day of the meeting will be included as a part of the citycouncil meeting. This is the preferred method of public participation for City Councilmeetings.WATCH the meeting live online at www.ci.chanhassen.mn.us/agendas or on Mediacom CableChannel 107.2. The meeting begins at 7:00 pm. PHONE in your comments at 952­227­1630 when the Mayor opens the desired public hearing for comment. The Mayor will takeeach call in the order received.ATTEND the meeting in person and present your comments when called upon. Social distancingpractices will be observed during the meeting. Seating will be limited for this option.If you wish to make a public comment under the Visitor Presentations portion of the City Councilagenda, please review the Guidelines for Visitor Presentations and complete and submit the online form.NOTE: For all options, you must provide your name and address for the record.A.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. ­ Interview Commission Applicants2.5:30 P.M. ­ Discuss Commission Appointments3.6:00 P.M. ­ Overview of Draft Strategic PlanB.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 March 8, 20212.Receive Environmental Commission Minutes dated February 10, 20213.Receive Economic Development Commission Minutes dated February 9, 20214.Approve 2021 Liquor License Renewals5.Ordinance No. XXX: Approve Code Amendments to Chapters 18 and 206.Resolution No. 2021­XX: Accept Bids and Award Contract for the 2021 SealcoatProject7.Award Contract for Pothole Patching8.Recreation Center Capital Improvement Wall Replacement9.Approve Agreement with McGrath Consulting Group, Inc. for Compensation Analysis10.Approve Agreement with Carver County and Chaska for a Dispatch Operations StudyE.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.Bridget Reiter ­ Mayor for a Day Essay Contest Honorable Mention Designation2.Kelly Davidson Citizen Action Request3.Ann Miller Citizen Action RequestF.FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE1.Fire Department Update2.Law Enforcement UpdateG.OLD BUSINESSH.PUBLIC HEARINGS1.Resolution No. 2021­XX: Modification to the Development Program for theDowntown Chanhassen Redevelopment Project Area and Establishment of TaxIncrement Financing District No. 12I.NEW BUSINESS 1.Commission Appointments J.COUNCIL PRESENTATIONS K.ADMINISTRATIVE PRESENTATIONS L.CORRESPONDENCE DISCUSSION 1.2021 Building Permit Activity February Year To Date 2.Review of Claims Paid 03­22­2021 M.ADJOURNMENT N.GUIDELINES GUIDELINES FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council Meeting.  In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council.  That opportunity is provided at every regular City Council meeting during Visitor Presentations. Anyone seeking a response or action from the City Council following their presentation is required to complete and submit a Citizen Action Request Form. An online form is available at https://www.ci.chanhassen.mn.us/action or paper forms are available in the city council chambers prior to the meeting. Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. If there are a number of individuals present to speak on the same topic, please designate a spokesperson 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. CITY COUNCIL STAFF REPORT Monday, March 22, 2021 Subject 5:00 P.M. ­ Interview Commission Applicants Section WORK SESSION Item No: A.1. Prepared By Kim Meuwissen, Office Manager File No: ADM­146G SUMMARY During the Work Session, the Council will interview the following applicants: City Council Interviews March 22, 2021 Name First Choice Second Choice Notes 5:00 Leslie Elhadi Environmental NA 5:15 Jim Camarata Senior NA BACKGROUND PLANNING COMMISSION Two 3­year positions The terms of Commissioners Mark Randall and Michael McGonagill are expiring. Nine (9) first choice applications have been received. One (1) second choice application has been received. PARK & RECREATION COMMISSION One 2­year and Two 3­year positions The terms of Commissioners Joseph Scanlon and Jim Boettcher are expiring. Haley Schubert won a city council seat leaving a 2­year vacancy. Jim Boettcher has reapplied. Six (6) first choice applications have been received. Five (5) second choice applications have been received. One or Two 1­year youth positions The term of Youth Commissioner Zoe Erpelding is expiring. One (1) first choice application was received. ENVIRONMENTAL COMMISSION One 2­year and Three 3­year positions The terms of Commissioners Don Vasatka, Kristen Fulkerson, and Greg Hawks are expiring. Lucy Rehm won a city council seat leaving a 2­year vacancy. Kristen Fulkerson and Greg Hawks have reapplied. Three (3) first choice applications have been received. Five (5) second choice applications have been received. SENIOR COMMISSION Two or Three 3­year positions The terms of Commissioners David Crouch, Dorina Tipton and Mack Titus are expiring. Dorina Tipton has reapplied. Three (3) first choice applications have been received. Zero (0) second choice applications were received. CITY COUNCIL STAFF REPORTMonday, March 22, 2021Subject5:00 P.M. ­ Interview Commission ApplicantsSectionWORK SESSION Item No: A.1.Prepared By Kim Meuwissen, Office Manager File No: ADM­146GSUMMARYDuring the Work Session, the Council will interview the following applicants:City Council InterviewsMarch 22, 2021 Name First Choice Second Choice Notes5:00 Leslie Elhadi Environmental NA5:15 Jim Camarata Senior NABACKGROUNDPLANNING COMMISSIONTwo 3­year positions The terms of Commissioners Mark Randall and Michael McGonagill are expiring.Nine (9) first choice applications have been received. One (1) second choice application has beenreceived.PARK & RECREATION COMMISSIONOne 2­year andTwo 3­year positions The terms of Commissioners Joseph Scanlon and Jim Boettcher are expiring. Haley Schubert won acity council seat leaving a 2­year vacancy. Jim Boettcher has reapplied.Six (6) first choice applications have been received. Five (5) second choice applications have beenreceived.One or Two1­year youth positions The term of Youth Commissioner Zoe Erpelding is expiring.One (1) first choice application was received.ENVIRONMENTAL COMMISSIONOne 2­year andThree 3­year positions The terms of Commissioners Don Vasatka, Kristen Fulkerson, and Greg Hawks are expiring. LucyRehm won a city council seat leaving a 2­year vacancy. Kristen Fulkerson and Greg Hawks havereapplied.Three (3) first choice applications have been received. Five (5) second choice applications havebeen received.SENIOR COMMISSION Two or Three 3­year positions The terms of Commissioners David Crouch, Dorina Tipton and Mack Titus are expiring. DorinaTipton has reapplied. Three (3) first choice applications have been received. Zero (0) second choice applications were received. NOTE: The Senior Commission bylaws allow for the appointment of 7 or 8 commissioners. DISCUSSION All commission appointments will take place at the March 22 City Council meeting under the New Business portion of the agenda. Paper copies of the Interview Scoring Sheet and individual Commission Interview Questionnaires will be provided at the meeting. ATTACHMENTS: City Code, Section 2­46. ­ Appointment to city committees and commissions Leslie Elhadi Application Jim Camarata Application Commission Interview Questionnaire Commission Interview Scoring Sheet Senior Commission Questions 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 commission'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. Yes No Have you served on a Board, Commission, or Committee in the past?* If yes, please list Please list organization memberships and positions held* Please list areas of special interest* Chanhassen Connection Newsletter City Website Facebook Twitter Chanhassen Villager Other How did you hear about commission vacancies?* Select all that apply None I love the outdoors and feel it is important to preserve nature. I want to be a part of group that will advocate for this. I also feel it is time that I expanded my responsibilities to the environment, beyond my personal practices. Reasons for seeking this position* Specific qualifications for this position* Yes No Are you currently serving on other Boards, Commissions, or Committees?* If yes, please list Yes No Have you served on a Board, Commission, or Committee in the past?* If yes, please list I turn 70 this September and have a clearer perspective of the aging process. I'm also helping my mid-80's inlaws navigate life.Transportation for shopping and medical appointments is a major issue for seniors, as is their myriad of health issues. Social aspects of our senior population, especially with COVID, have resulted in greater depression and anxiety. Having spent over four decades in real estate, housing, or the lack of affordable housing, is another cause for concern. My desire is to apply my forty plus years in business with my experience volunteering in community service activities to help enhance the quality of life for Chanhassen seniors. I have served on the Board of Advisors for numerous civic organizations (see resume) and continue to contribute. I have received additional training in working with seniors: SRES designation (Senior Real Estate Specialist) BSAG (Business Success Advisory Group): Chair Wayzata Chamber of Commerce: Membership committee and Ambassadors Group (I am slated to join the Board of Directors later this year) Westwood Community Church: Lead a small Bible study group Minnesota Association of Realtors: Professional Standards Committee Community Involvement - Minneapolis, Minnesota, and National Associations of Realtors - Wayzata Chamber of Commerce: Ambassador and membership - Business Success Advisory Group: President & Membership Chair - Anne Arundel County Assoc of Realtors: Professional Standards - St Michaels Business Association: Former President, Chair: Lodging Group - Easton Lions Club: Board Directors, Chair: Communications/PR - Mid-Shore Board of Realtors: Board Directors, Chair: Education Committee - St Michaels P&Z’s Board of Appeals 2003-2006 - Harford County Board of Realtors: Committee chairs 1992-2001 - Home Builders Assoc of Harford County: Board Directors 1999-2001 - Maryland New Directions: Board of Directors 1987-1991 - Maryland Center for Productivity 1986-1990 Please list organization memberships and positions held* Please list areas of special interest* Chanhassen Connection Newsletter City Website Facebook Twitter Chanhassen Villager Other How did you hear about commission vacancies?* Select all that apply Community Involvement - Minneapolis, Minnesota, and National Associations of Realtors - Wayzata Chamber of Commerce: Ambassador and membership - Business Success Advisory Group: President & Membership Chair - Anne Arundel County Assoc of Realtors: Professional Standards - St Michaels Business Association: Former President, Chair: Lodging Group - Easton Lions Club: Board Directors, Chair: Communications/PR - Mid-Shore Board of Realtors: Board Directors, Chair: Education Committee - St Michaels P&Z’s Board of Appeals 2003-2006 - Harford County Board of Realtors: Committee chairs 1992-2001 - Home Builders Assoc of Harford County: Board Directors 1999-2001 - Maryland New Directions: Board of Directors 1987-1991 - Maryland Center for Productivity 1986-1990 I am interested in helping to improve the quality of life for Chanhassen seniors, including but not limited to: - transportation - medical care - housing - social aspects Community Involvement - Minneapolis, Minnesota, and National Associations of Realtors - Wayzata Chamber of Commerce: Ambassador and membership - Business Success Advisory Group: President & Membership Chair - Anne Arundel County Assoc of Realtors: Professional Standards - St Michaels Business Association: Former President, Chair: Lodging Group - Easton Lions Club: Board Directors, Chair: Communications/PR - Mid-Shore Board of Realtors: Board Directors, Chair: Education Committee - St Michaels P&Z’s Board of Appeals 2003-2006 - Harford County Board of Realtors: Committee chairs 1992-2001 - Home Builders Assoc of Harford County: Board Directors 1999-2001 - Maryland New Directions: Board of Directors 1987-1991 - Maryland Center for Productivity 1986-1990 Former Business Owner - Owner, Tarr House Bed & Breakfast, St Michaels, MD 2001-2010 Work History 2011-Present Keller Williams Realty, Minnetonka, MN Broker 2010-2011 Counselor Realty, Minneapolis, MN General Manager 2009-2010 Keller Williams Realty, Annapolis, MD Team Leader 2001-2010 Tarr House B&B, St Michaels, MD Co-Owner 2002-2009 Lacaze-Meredith Realty, Easton, MD Associate Broker 1990-2002 O’Conor, Piper & Flynn Realtors Branch Sales VP 1988-1991 Camarata Business Advisors Consultant 1986-1988 Maryland Consulting Group Consultant 1978-1986 Commercial Credit/Control Data Baltimore and New York 1975-1978 PHH/Homequity, CT Corp. Relocation 1973-1975 Burroughs Corp, CT B-2-B Sales Education - BS Business Management, Fairfield University, CT 1973 - Graduate studies: University of CT - AMA Marketing classes - Control Data Corp Management Development Program - Broker: Minnesota - ABR, Accredited Buyer Representative - CRB, Certified Residential Broker - CRS, Certified Residential Specialist - GRI, Graduate, Real Estate Institute - SRES, Senior Residential Specialist COMMISSIONER INTERVIEW QUESTIONNAIRE Name: Leslie Elhadi Commission Desired: Environmental Alternate: None 1. What special qualities do you bring to the Commission? 2. What are your reasons for applying to the Commission? 3. What are the biggest problems you foresee facing Chanhassen in the future? 4. What do you believe are the community’s greatest assets? 5. What planning issues are you particularly concerned about? 6. What do you believe are the biggest concerns of your neighbors? 7. What do you believe the Commission does? 8. Are you involved with any other community organizations? 9. Do you understand the time commitments it takes to be a member of the Commission, and are you comfortable with that? COMMISSIONER INTERVIEW QUESTIONNAIRE Name: Jim Camarata Commission Desired: Senior Alternate: None 1. What special qualities do you bring to the Commission? 2. What are your reasons for applying to the Commission? 3. What are the biggest problems you foresee facing Chanhassen in the future? 4. What do you believe are the community’s greatest assets? 5. What planning issues are you particularly concerned about? 6. What do you believe are the biggest concerns of your neighbors? 7. What do you believe the Commission does? 8. Are you involved with any other community organizations? 9. Do you understand the time commitments it takes to be a member of the Commission, and are you comfortable with that? INTERVIEW SCORING SHEET March 22, 2021 5=High/1=Low Name Years Lived in Chanhassen Knowledge of Community Commitment to Position Knowledge of Major Issues Involvement in Community Total Points Leslie Elhadi Environmental Jim Camarata Senior The Senior Commission examines the needs of 55+ older adults in the community. They review issues such as housing, information and referral services, outreach and programming and transportation. They meet the third Friday of each month at 10:00am at City Hall. Draft Questions for Senior Commissioners 1. Passionate/Enthusiastic – Tell me what you are most passionate/enthusiastic about and how do you achieve this or demonstrate this in your daily life? 2. Collaborative/Team Player – Give me an example of how you collaborated within an environment to achieve the team goals? What were the goals and results of your collaboration? 3. Reliable – Tell me about a time when personal issues pulled you away from completing a task you had to complete. How did you handle the conflict? Did you ultimately complete the task? 4. Initiative – Tell me about a time when your initiative caused a change to occur. 5. Patience/Flexibility – Tell me how you would interact with an irate neighbor who has brought some overgrown bushes to your attention on a number of occasions. You have not had the time to clear or cut the bushes due to work and family commitments. What would you tell him to quell this frustration? 6. Humbleness: What would you do if someone wanted to recognize you publicly for your wood carvings of animals? You have a gift and they wish to recognize you with a newspaper article. CITY COUNCIL STAFF REPORT Monday, March 22, 2021 Subject 5:30 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, 2024." Park & Recreation Commission _____________ for a two­year term ending March 30, 2023, and _____________ and ______________ for three­year terms ending March 30, 2024." Environmental Commission _____________ for a two­year term ending March 30, 2023, and _____________, _____________ and ______________ for three­year terms ending March 30, 2024. Senior Commission _____________, _____________ and ______________ for three­year terms ending March 30, 2024." 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 Mark Randall and Michael McGonagill are expiring. Park & Recreation Commission There is one 2­year vacancy and two 3­year positions available for appointment to the Park & Recreation CITY COUNCIL STAFF REPORTMonday, March 22, 2021Subject5:30 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, 2024."Park & Recreation Commission_____________ for a two­year term ending March 30, 2023, and _____________ and ______________ forthree­year terms ending March 30, 2024."Environmental Commission_____________ for a two­year term ending March 30, 2023, and _____________, _____________and ______________ for three­year terms ending March 30, 2024.Senior Commission_____________, _____________ and ______________ for three­year terms ending March 30, 2024."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 CommissionersMark Randall and Michael McGonagill are expiring.Park & Recreation Commission There is one 2­year vacancy and two 3­year positions available for appointment to the Park & Recreation Commission.Commissioner Haley Schubert  was elected to the City Council, leaving a two­year vacancy. The terms of Commissioners Joseph Scanlon and Jim Boettcher are expiring. There are also one or two 2­year youth representative positions available. Youth Commissioner Zoe Erpelding's term is expiring. Environmental Commission There is one 2­year vacancy and three 3­year positions available for appointment to the Environmental Commission. Commissioner Lucy Rehm  was elected to the City Council, leaving a 2­year vacancy. The terms of Don Vasatka, Kristen Fulkerson and Greg Hawks are expiring. Senior Commission There are three 3­year positions available for appointment to the Senior Commission. The terms of Commissioners David Crouch, Dorina Tipton and Mack Titus are expiring. Since the Senior Commission has the option of appointing seven or eight members, Council may choose to appoint two or three 3­year positions. ATTACHMENTS: City Code, Section 2­46. ­ Appointment to city committees and commissions Commission Interview Schedule Planning Commission Application Summary Park & Recreation Commission Application Summary Environmental Commission Application Summary 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. City of Chanhassen 2021 City Commission Interview Schedule Commission Interviewer February 22, 2021 Name First Choice Second Choice Notes Planning Mark von Oven 4:30 Chaeyun Lee Park & Rec Youth NA Zoom Park & Rec Karl Tsuchiya 4:45 Kristin Fulkerson Environmental NA Zoom Senior Jerry Cerchia 5:00 Martina Alden Planning Environmental WITHDRAWN Environmental Jeff Harken 5:15 Ryan Soller Planning Park & Rec In Person 5:30 Jackelyn Vilijaste Park & Rec Planning WITHDRAWN 5:45 Greg Hawks Environmental NA 6:00 Kelsey Alto Planning Environmental 6:15 Heather Markert Park & Rec NA 6:30 Stephen Kelzer Planning Park & Rec WITHDRAWN 6:45 Scot Lacek Planning Environmental Zoom March 8, 2021 Name First Choice Second Choice Notes 4:30 Dorina Tipton Senior NA Interview waived 4:30 Erik Johnson Planning NA 4:45 Scott Fischer Park & Rec Environmental 5:00 Jim Boettcher Park & Rec NA 5:15 Susan Kibler Senior Park & Rec 5:30 Wilma Ruppert Planning Park & Rec 5:45 Don Vasatka Park & Rec NA Zoom 6:00 Ross Reeves Park & Rec Environmental Zoom 6:15 Bala Chintaginjala Planning NA WITHDRAWN 6:15 Jessie Bent Planning Park & Rec Zoom March 22, 2021 Name First Choice Second Choice Notes 5:00 Leslie Elhadi Environmental NA 5:15 Jim Camarata Senior NA Incumbent All commission appointments will take place at the March 22, 2021 City Council Meeting FIRST MEETINGS IN APRIL: Planning Commission - April 6, 2021 Environmental Commission - April 14, 2021 Senior Commission - April 16, 2021 Park & Rec Commission - April 27, 2021 City Council Interviews City Council Interviews City Council Interviews g:\commission\2021\planning commission matrix.docx PLANNING COMMISSION APPLICATIONS SUMMARY PLANNING COMMISSION – 2021 Terms Expiring: • Mark Randall • Michael McGonagill COUNCIL RANK Applicants Martina Alden WITHDRAWN Ryan Soller Kelsey Alto Stephen Kelzer WITHDRAWN Scot Lacek Erik Johnson Bala Chintaginjala WITHDRAWN Jessie Bent Wilma Ruppert Alternate Applicants Jackelyn Vilijaste WITHDRAWN g:\commission\2021\planning commission matrix.docx Vacancies Two 3-Year Terms 1. 2. g:\commission\2021\park & recreation commission matrix.docx PARK & RECREATION COMMISSION APPLICATIONS SUMMARY PARK & RECREATION COMMISSION – 2021 Terms Expiring: • Joseph Scanlon • Jim Boettcher COUNCIL RANK Applicants Jackelyn Vilijaste WITHDRAWN Heather Markert Scott Fischer Jim Boettcher (incumbent) Don Vasatka Ross Reeves Alternate Applicants Ryan Soller Stephen Kelzer WITHDRAWN Susan Kibler Jessie Bent Wilma Ruppert Youth Applicants Chaeyun Lee g:\commission\2021\park & recreation commission matrix.docx Vacancies One 2-Year Term 1. Two 3-Year Terms 1. 2. One or Two 1- year Term Youth Positions 1. 2. g:\commission\2021\environmental commission matrix.docx ENVIRONMENTAL COMMISSION APPLICATIONS SUMMARY ENVIRONMENTAL COMMISSION – 2021 Terms Expiring: • Don Vasatka • Kristen Fulkerson • Greg Hawks COUNCIL RANK Applicants Kristen Fulkerson (incumbent) Greg Hawks (incumbent) Leslie Elhadi Alternate Applicants Martina Alden WITHDRAWN Kelsey Alto Scot Lacek Scott Fischer Ross Reeves g:\commission\2021\environmental commission matrix.docx Vacancies One 2-Year Term 1. Three 3-Year Terms 1. 2. 3. g:\commission\2021\senior commission matrix.docx SENIOR COMMISSION APPLICATIONS SUMMARY SENIOR COMMISSION – 2021 Terms Expiring: • David Crouch • Dorina Tipton • Mack Titus COUNCIL RANK Applicants Dorina Tipton (Incumbent) Susan Kibler Jim Camarata Alternate Applicants None g:\commission\2021\senior commission matrix.docx Vacancies NOTE: The Senior Commission bylaws allow for the appointment of a total of 7 or 8 commissioners Two or Three 3- Year Positions 1. 2. 3. CITY COUNCIL STAFF REPORT Monday, March 22, 2021 Subject 6:00 P.M. ­ Overview of Draft Strategic Plan Section WORK SESSION Item No: A.3. Prepared By Jake Foster, Assistant City Manager File No:  SUMMARY On February 19 and 20, the City Council and senior staff discussed strategic goals for the City of Chanhassen. After these goals were established, staff developed strategic initiatives in furtherance of those goals. The attached draft strategic plan is the result of those efforts. DISCUSSION The planning effort began with an examination of the operating environment, followed by a SWOT analysis. The Council and senior staff developed a set of priorities, key outcomes and performance targets and outlined draft versions of the organization's vision, mission and values. Based on these priorities, senior management met on March 9 and 16 to identify and refine a set of strategic initiatives, key outcome indicators, performance targets and strategic initiatives. The result is the attached draft of the City's Strategic Plan for 2021­2024. ATTACHMENTS: Draft Strategic Plan 0 FY 2021-2024 STRATEGIC PLAN *DRAFT* CITY OF CHANHASSENCITY OF CHANHASSENCITY OF CHANHASSENCITY OF CHANHASSEN City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 1 March 15, 2021 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 RE: FY 2021-2024 Strategic Plan – City of Chanhassen Dear Mayor Ryan, I am pleased to present the 2021-2024 Strategic Plan and Summary Report to the City of Chanhassen. The plan reflects the organization’s priorities, commitment to measurable results and the delivery of quality services. It has been a pleasure assisting the City of Chanhassen with this important project. You, the City Council, and the senior management displayed clear thinking, dedication and focused effort. I particularly wish to thank Interim City Manager Heather Johnston and Assistant City Manager Jake Foster for their help and support during the process. Craig R. Rapp President City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 2 TABLE OF TABLE OF TABLE OF TABLE OF CONTENTSCONTENTSCONTENTSCONTENTS Executive Summary 3 Strategic Plan Summary FY 2021-2024 4 Vision, Mission, Values 5 Strategic Planning Process 6 The Current Environment, SWOT 11 Strategic Issues and Challenges 12 Defining Priorities, Outcomes, Targets 14 Implementing the Vision: Strategic Initiatives 15 Strategic Planning Participants 18 Appendix I City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 3 EXECUTIVE SUMMARYEXECUTIVE SUMMARYEXECUTIVE SUMMARYEXECUTIVE SUMMARY From January 2021 through March 2021, the City of Chanhassen engaged in a strategic planning process. The process resulted in a strategic plan covering FY 2021-2024. The plan consists of five strategic priorities—the issues of greatest importance to the City of Chanhassen over the next three years. Associated with each priority is a set of desired outcomes, key outcome indicators, and performance targets, describing expected results and how the results will be measured. The plan also includes strategic initiatives that will be undertaken to achieve the targeted outcomes. The planning effort began with an examination of the operating environment, followed by a SWOT analysis. On February 19-20, 2021, the leadership team held strategic planning sessions. They developed a set of priorities, key outcomes and performance targets, and outlined draft versions of the organization’s vision, mission and values. Based upon those priorities, the City’s senior management team met on March 9, 2021 to identify a set of strategic initiatives and develop detailed action plans. The strategic priorities, key outcome indicators, performance targets and strategic initiatives are summarized here and on the following page. STRATEGIC PRISTRATEGIC PRISTRATEGIC PRISTRATEGIC PRIORITIESORITIESORITIESORITIES Financial Sustainability Asset Management Development & Redevelopment Operational Excellence Communications City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 4 STRATEGIC PLAN SUMMARY 2021-2024 City of Chanhassen STRATEGIC PRIORITY DESIRED OUTCOME KEY OUTCOME INDICATOR (KOI) TARGET STRATEGIC INITIATIVES FINANCIAL SUSTAINABILITY Financial stability in all funds - Fund balances - Fund policies - Approved budget - Service levels -Fund balance targets, strategy in place 2022 -2024 Fund balance within policy - Core service levels defined by 6/2023 - long-term financial resources aligned with service level by 2024 a) Establish service levels in core operations b) Improve internal control structure c) Adopt financial policies d) Comprehensive 5-year financial plan e) Update financial system f) Departments trained to use financial system Financial policies guide decision making - Financial policies - Financial policies adopted and used to develop annual budget beginning 2022 Financial systems produce timely, accurate and meaningful financial information - Automated processes - Standards and ad-hoc reports - Update Springbrook software by July 2021 - Automate all workflows by 12/2023 - Implement on-line budget process by 12/2021 - Select and implement new financial system by 12/2023 ASSET MANAGEMENT Effective utilization of assets - Industry standards - Approved policies - Meet 2022/2023/2024 targeted metrics a) Comprehensive inventory of assets b) Establish comprehensive capital and asset management and replacement system c) Create integrated maintenance program to support LOS d) Evaluate hiring asset manager Ability to pay for critical assets - Financial balances - Life-cycle costs - Fund sources & strategies in place for critical assets ($100k+) by 7/2023 Assets adequate to support adopted levels of service - Level of service standards - Level of service asset inventory - LOS standards for critical operations adopted by 6/2022 - Minimum asset allocation for critical operations by 6/2023 DEVELOPMENT & REDEVELOPMENT Diversity in new development - # of units - Sq. ft. - Jobs - Permits - Avienda development completed by 1/2027 - Lift station #32 completed by 2023 a) Reconcile ordinances with Comprehensive Plan Goals b) Review downtown vision plan and identify roadblocks c) Inventory vacant or underutilized buildings d) Review “business friendly” policies, approaches e) Evaluate plan for supportive infrastructure for future development Redevelopment consistent with our vision - # of public-private partnerships - Stakeholder feedback - One CDA project/year - 75% decisions supported by key stakeholders New innovative places and spaces - # new ideas - # pilot projects - 2 ideas become real projects by 2024 OPERATIONAL EXCELLENCE Satisfied workforce - Employee survey results - By 2024, 70% employees report being satisfied a) Establish employee engagement and development program b) Conduct a class and comp study, including implementing related supervisor training for employee evaluations c) Develop customer service standards and practices d) Develop complaint tracking system e) Evaluate and conduct efficiency improvement projects A competent workforce - Training standards - Licenses, certifications - 70% of workforce meets standards/certifications - 70% evaluated as exceeding requirements Improved operational effectiveness - Processing, response, cycle times - Service levels - Complaints - Survey results - Resident satisfaction with targeted services at/above 75% in 2022 community survey -Demonstrated efficiency improvements: 2 departments by 12/2024 COMMUNICATIONS Improved understanding of city operations - Survey results (community) - 70% of survey respondents indicate good understanding of city operations by 2024 a) Establish an external communication plan City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 5 Improved internal communication - Intranet usage stats - Survey results (internal) - Increase satisfaction with internal communication by 25% between 2021-2024 b) Establish an internal communication plan c) Complete website enhancements d) Develop/deploy community engagement strategy Improved communication with outside organizations - Partner communication - Survey (partners) - 70% of survey respondents indicate good communication with City of Chanhassen by 2024 OUR VISION Chanhassen is a safe, welcoming community for all generations with engaged residents, abundant natural amenities and vibrant businesses, supported by valued services that make this a great place to call home. OUR MISSION Our mission is to serve the public. We do this through the delivery of reliable, cost-effective services designed to provide a safe, sustainable community. OUR VALUES Innovation. We seek to be innovate, collaborative problem solvers to provide responsive, quality services. Respect. We believe in people and we strive to treat them with dignity in and equitable and inclusive manner. Stewardship. We strive to manage transparently the city’s financial investments to provide essential services and protect its valuable assets and natural resources. Engagement. We seek to provide opportunities for residents to connect with the community, each other and the natural environment. City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 6 STRATEGIC PLANNING PROCESS Strategic planning is a process that helps leaders examine the current state of the organization, determine a desired future state, establish priorities, and define a set of actions to achieve specific outcomes. The process followed by the City of Chanhassen was designed to answer four key questions: (1) Where are we now? (2) Where are we going? (3) How will we get there? (4) What will we do? The process is divided into a development phase and an implementation phase. The full process is depicted below. Initiating the Process –Setting Expectations, Reviewing Current Situation The strategic planning process began with a meeting of the consultant and the City’s senior management team on January 26, 2021. The meeting included a review of strategic planning principles, a discussion of the upcoming planning retreat, an examination of vision, mission and value statements, past strategic planning efforts, and current challenges. The session concluded with a set of recommended principles for the vision, mission and value statements, and a process for conducting the planning retreat. DEVELOPMENTDEVELOPMENTDEVELOPMENTDEVELOPMENT IMPLEMENTATIONIMPLEMENTATIONIMPLEMENTATIONIMPLEMENTATION Where are we now? Scan the environment Conduct internal and external analysis (SWOT) Develop Strategic Profile Identify Strategic Challenges Where are we going? Define our Mission Articulate Core Values Set a Vision Establish Goals Identify Key Intended Outcomes How will we get there? Develop Initiatives Define Performance Measures Set Targets and Thresholds Cascade throughout organization What will we do? Create detailed action plans Establish Accountability: Who, What, When Identify Success Indicators Provide Resources City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 7 SETTING DIRECTION: MISSION, VISION, VALUE PROPOSITION AND CULTURE On February 19-29, 2021, the City held a retreat to develop the strategic plan. As they addressed the question of “Where are we now?” the group was challenged to define the current organizational culture and its value proposition—understanding that an organization’s culture, and the value proposition it puts forth provide the foundation for the way in which services are delivered and strategic direction is set. The three value propositions and core cultures are summarized as follows: Three Value Propositions Operational Excellence (example: Wal-Mart, Southwest Airlines) - Deliver quality, price and ease of purchase that no one else can match! Product/Service Leadership (example: Apple, Google) - The best product/service...period! Customer Intimacy (example: Nordstrom, Ritz-Carlton) - The best total solution! (acts as a partner with you) Four Core Cultures Control Culture (example: Military - command and control) - Strengths: Systematic, clear, conservative - Weaknesses: Inflexible, compliance more important than innovation Competence Culture (example: Research Lab – best and brightest) - Strengths: Results oriented, efficient, systematic - Weaknesses: Values can be ignored, human element missing, over planning Collaboration Culture (example: Family-teams) - Strengths: Manages diversity well, versatile, talented - Weaknesses: Decisions take longer, group think, short-term oriented Cultivation Culture (example: Non-profit/religious group-mission/values) - Strengths: Creative, socially responsible, consensus oriented - Weaknesses: Lacks focus, judgmental, lack of control City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 8 The group engaged in an extended discussion regarding value proposition, its relationship to organizational culture, and how the City actually operates. It was generally agreed that the City desires to have a customer intimate approach, but that operational excellence has been important and will continue to be important for financial stability. Based upon that understanding, operational excellence was determined to be the primary value proposition, with customer intimacy as a secondary focus. STRATEGIC PLANNING PROCESS Assess Current Environment • Senior Management Review • Previous Plan status • Vision/Mission/Values • Environmental Scan • Stakeholder engagement • SWOT Analysis Set Priorities, Targets • Strategic Planning Retreat • Operating Environment - Culture, Value Proposition - Internal SWOT • Challenges, Priorities • Outcomes, KOI’s, Targets • SWOT Analysis Implement the Plan • Implementation Session - Strategic Initiatives - Action Plans • Refine details • Final Review, Approval City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 9 The group then directed their attention to their mission, vision and values statements. They examined a range of concepts and statements from other cities, spent time reflecting and debating their purpose and their long-term aspirations for the community. A brainstorming process ensued, resulting in the identification of key concepts the group favored for each statement. These were then used by the consultant over the succeeding weeks to create draft statements. The proposed vision, mission and value statements are listed below. Mission Statement Our mission is to serve the public. We do this through the delivery of reliable, cost-effective services designed to provide a safe, sustainable community. Vision Statement Chanhassen is a safe, welcoming community for all generations with engaged residents, abundant natural amenities and vibrant businesses, supported by valued services that make this a great place to call home. City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 10 Values Innovation. We seek to be innovate, collaborative problem solvers to provide responsive, quality services. Respect. We believe in people and we strive to treat them with dignity in and equitable and inclusive manner. Stewardship. We strive to manage transparently the city’s financial investments to provide essential services and protect its valuable assets and natural resources. Engagement. We seek to provide opportunities for residents to connect with the community, each other and the natural environment. STRATEGIC PLANNING PROCESS Assess Current Environment • Senior Management Review • Previous Plan status • Vision/Mission/Values • Environmental Scan • Stakeholder engagement • SWOT Analysis Set Priorities, Targets • Strategic Planning Retreat • Operating Environment - Culture, Value Proposition - Internal SWOT • Challenges, Priorities • Outcomes, KOI’s, Targets • SWOT Analysis Implement the Plan • Implementation Session - Strategic Initiatives - Action Plans • Refine details • Final Review, Approval City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 11 REVIEWING THE ENVIRONMENT, SETTING STRATEGIC PRIORITIES Following the value proposition, vision, mission and value statement discussion, the leadership team continued the process of assessing the operating environment. This was done via a SWOT (Strengths, Weaknesses, Opportunities, and Threats) analysis--a process that examines the organization’s internal strengths and weaknesses, as well as the opportunities and threats in the external environment. To facilitate this, a SWOT questionnaire was distributed to the City Council and senior staff in advance of the planning session. Using the SWOT data, a small group review process revealed the most frequently mentioned characteristics in each area. STRENGTHS • Good financial stewards (AAA Bond Rating) • Competent and dedicated employees (motivated) • Flexible/adaptable/collaborative (open to change) WEAKNESSES • Lack of investment (On staff, facilities, infrastructure, technology and services) • Planning (Financial, strategic, policies) • Trust (Internal and external) OPPORTUNITIES • Develop/redevelopment focus • Staff utilization/leverage • Collaboration (Residents, Stakeholders, neighboring communities) • Long-term visioning/planning THREATS • Lack of trust • Long-term financial planning – infrastructure – budgets • COVID has amplified anxiety and awareness to existing issues • Security of assets City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 12 The group used this information to identify those opportunities that would be helped the most by the organization’s inherent strengths and which external threats were most likely to exacerbate their weaknesses. STRENGTHS LEVERAGING OPPORTUNITIES (Make good things happen) • Development/Redevelopment • Staff utilization • Collaboration • Long-Term planning/visioning WEAKNESSES EXACERBATED BY THREATS (Keep bad things from happening) • Lack of long-term, integrated financial planning and investment • Lack of trust (Council-staff, Community-city) • Poor communication (Silos, internal, to community) • Inadequate information (poor processes) Following this exercise, the group examined the results, and engaged in additional brainstorming to identify the strategic issues and challenges facing the organization: STRATEGIC ISSUES/CHALLENGES • Effective communication (external, two ways) • Staff utilization / BDs and communication • Building trust • Clear vision/visioning (big picture) • Unreasonable expectations – identifying/discussing reality • Long term consolidated planning • Defining LOS • Innovation • Technology (modernize, utilize – security, support) • Infrastructure • Buildings and facilities assets • Reliable internet • Economy • Population Growth • Climate impacts • Staffing/workforce • Development/Redevelopment • Pace of growth • Citizen engagement/education (two-way) • Aging population • Changing demographics • Performance reporting/metrics • Operations City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 13 Based upon the challenges and issues identified, a facilitated discussion ensued to determine the highest priorities for the strategic planning period. The following priorities emerged as the most important over the next three years: STRATEGIC PRIORITIES Financial Sustainability Asset Management Development & Redevelopment Operational Excellence Communications City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 14 DEFINING THE PRIORITIES To clarify the meaning of each priority, the group identified key concepts which were used to create guidance, and ultimately, definitions. 1. Financial Sustainability • Long-term planning, good value, compensation, risk tolerance/management, investing in current levels of service, revenue management 2. Asset Management • Traditional underground, buildings, equipment/fleet, technology, parks/land/trails, security, lakes/water 3. Development & Redevelopment • Aesthetically pleasing, balanced, planful/mindful, fiscally responsible, value-added, proactive, not reactive, planning, supportive infrastructure, innovation, maintain/support 4. Operational Excellence • Levels of service, work processes, responsiveness, efficiency, workforce: culture, staffing, training, technology support 5. Communications • Two-way, engagement, balance-don’t overwhelm, strategic, timely, accurate, open, internal, integrated-non-silo City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 15 KEY OUTCOMES, INDICATORS, AND TARGETS BY PRIORITY: Based upon the definitions, the group determined the most important outcomes to be achieved for each priority, defined Key Outcome Indicators (KOI’s), and developed Performance Targets. KOI’s define progress toward desired outcomes. Performance Targets define successful outcomes, expressed in measurable terms. The alignment created between priorities, outcomes and targets is important, not only for clarity, but also for maintaining a disciplined focus on the desired results. Financial Sustainability a. Outcome: Financial stability in all funds KOI: Fund balances and fund policies Target: 2022 – Fund balance targets, strategy in place, 2024 – fund balance with policy b. Outcome: Financial policies guide decision making KOI: Financial policies Target: Financial policies adopted and used to develop 2022+ budget c. Outcome: Resources adequate to meet service levels in core operations KOI: Fund balances, approved budget, service levels Target: Core levels of service defined by 6/2023, Long term financial resources service levels alignment by2024 Asset Management a. Outcome: Effective utilization of assets KOI: Industry standards, approved policies Target: Meet 2022/2023/2024 targeted metrics b. Outcome: Ability to pay for critical assets KOI: Financial balances, lifestyle costs Target: Fund sources & strategies in place for critical assets ($100K+) by 7/2023 c. Outcome: Assets adequate to support adopted levels of service KOI: Level of service standards, Level of service asset inventory Target: LOS standards for critical operations adopted by 6/2022, Minimum asset allocation for critical operations by 6/2023 Development& Redevelopment a. Outcome: Diversity in new neighborhood KOI: # of units, Sq. ft., Jobs, Permits Target: Avienda development completed by 1/2027, Life station #32 completed by 2023 b. Outcome: Redevelopment consistent with our vision KOI: # of public-private partnerships, Stakeholder feedback Target: One CDA project/year, 75% decisions supported by key stakeholders c. Outcome: New innovative places and spaces City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 16 KOI: # new ideas, # pilot projects Target: 2 ideas become real projects by 2024 Operational Excellence a. Outcome: Satisfied workforce KOI: Employee survey results Target: By 2024, 70% employees report being satisfied b. Outcome: A competent workforce KOI: Training standards, licenses, certifications Target: +/> 70% of workforce meets standards/certifications, +/> 70% evaluated as exceeding requirements c. Outcome: Improved operational effectiveness KOI: Processing response, cycle times, Service levels, Complaints, Survey results Target: Resident satisfaction with targeted services at/above 75% in 2022 community survey, Demonstrated efficiency improvements: 2 departments by 12/2024 Communications a. Outcome: Improved understanding of city operations KOI: Survey results (community) Target: 75% of survey respondents indicate good understanding of city operations by 2024 b. Outcome: Improved internal communication KOI: Intranet usage stats, Survey results (internal) Target: Increase satisfaction with internal communication by 25% between 2021-2024 c. Outcome: Improved communication with outside organizations KOI: Partner communication, Survey (partners) Target: 75% of survey respondents indicate good communication with City of Chanhassen by 2024 STRATEGIC PLANNING PROCESS Assess Current Environment • Senior Management Review • Previous Plan status • Vision/Mission/Values • Environmental Scan • Stakeholder engagement • SWOT Analysis Set Priorities, Targets • Strategic Planning Retreat • Operating Environment - Culture, Value Proposition - Internal SWOT • Challenges, Priorities • Outcomes, KOI’s, Targets • SWOT Analysis Implement the Plan • Implementation Session - Strategic Initiatives - Action Plans • Refine details • Final Review, Approval City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 17 IMPLEMENTING THE VISION: DEVELOPING STRATEGIC INITIATIVES AND ACTION PLANS To successfully address the strategic priorities and achieve the intended outcomes expressed in the performance targets, it is necessary to have a focused set of actions, including detailed implementation steps to guide organizational effort. City of Chanhassen will accomplish this through a set of strategic initiatives. Strategic initiatives are broadly described, but narrowly focused activities that are aligned with the priorities, and targeted to the achievement of outcomes expressed in the Targets. On March 9, 2021 senior staff met to identify strategic initiatives. Following this session, staff teams worked to develop detailed action plans for each initiative. Financial Sustainability • Establish service levels in core operations • Improve internal control structure • Adopt financial policies • Comprehensive 5-year financial plan • Update financial system • Departments trained to use financial system Asset Management • Comprehensive inventory of assets • Establish comprehensive capital and asset management and replacement system • Create integrated maintenance program to support LOS • Evaluate hiring asset manager Development & Redevelopment • Reconcile ordinances with 2040 Comprehensive Plan Goals • Review downtown vision plan and identify roadblocks • Inventory vacant or underutilized buildings • Review “business friendly” policies, approaches • Evaluate plan for supportive infrastructure for future development Operational Excellence • Establish employee engagement and development program • Conduct a class and comp study • Develop customer service standards and practices • Develop complaint tracking system • Evaluate and conduct efficiency improvement projects Communications • Establish an external communication plan • Establish an internal communication plan • Complete website enhancements • Develop/deploy community engagement strategy City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 18 STRATEGIC PLANNING PARTICIPANTS The strategic plan was developed with the hard work and dedication of many individuals. The City Council led the way, taking time out their schedules to commit to long-term thinking. They defined a direction and a set of outcomes that are important to the citizens, businesses and stakeholders with whom they partner and serve. The City’s senior staff supported the City Council and offered challenges to conventional thinking. Mayor and Common Council Elise Ryan, Mayor Dan Campion, Councilmember Jerry McDonald, Councilmember Lucy Rehm, Councilmember Haley Schubert, Councilmember Senior Staff Laurie Hokkanen, City Manager Heather Johnston, Interim City Manager* Jake Foster, Assistant City Manager Kate Aanenson, Community Development Director Charlie Howley, Public Works Director/City Engineer Don Johnson, Fire Chief Kim Meuwissen, Office Manager Lt. Lance Pearce, Lieutenant – Carver County Sheriff’s Office Rick Rice, IT Manager Jerry Ruegemer, Park and Recreation Director Kelly Strey, Finance Director *Preliminary and follow-up planning City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 19 APPENDIX I SWOT Analysis City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 20 STRENGTHSSTRENGTHSSTRENGTHSSTRENGTHS • Dedicated employees • Leadership team has a great mix of tenured and new staff across the organization. This provides a strong base to support new ideas and progression. We will need to continue the momentum we currently have. • Technically strong personnel, subject matter experts • We have the right equipment to do the job. • Ability to work together. • Dedicated staff, often willing to take on more than their typical duties. • Strong senior leadership team. • Elected leaders that are supportive of change and moving the organization forward. • AAA bond rating. • Great focus on customer service • Good financial standing • A sense of community • Small town feel • Residents feed connected • Residents encouraged to state their opinion • Great natural features…Lakes, parks, open areas • Resourceful staff that do more with less • Experienced staff • Willingness to try new things to some extent • Strong department heads • Engaged community • Low tax rate • Staff and Council openness to change to make improvements • Recent commitment to develop long-term financial planning • Desirable location and residential development • Strong financial position (tax base, local economic factors, low tax rate, AAA bond rating, low debt levels, growth) • Both experienced and dedicated staff • AAA bond rating • Have a desire to move forward • Open to change • Fiber Connected Facilities • Long term staff who are dedicated to the city and its residents • Newer, highly qualified and experienced staff who are bringing outside expertise and experience • Newly elected city council with new ideas, energy and vision • Strong financial/ bond ratings • Experienced and knowledgeable staff • Strong leadership both staff and elected • Deep desire to provide high quality service to residents • Teamwork and collaboration • AAA Bond Rating • Park and Trail System City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 21 • Natural Resources: Lakes • Experienced Staff (department heads) • Experienced tenured staff • Motivated employees • Parks and trails • Community sponsored events • Approachable elected officials open to feedback • Experienced staff WEAKNESSESWEAKNESSESWEAKNESSESWEAKNESSES • Trust issues • City Buildings are outdated and inadequate to support a progressive workforce. No CIP budgeting or long-term direction on facility upgrades and staff work areas. • The city attempts to maintain a small town feel which has led to small town approaches to growing city problems. We spend more time worrying about the levy amount than understanding the direct distinction between service levels and general fund budgets. Staff are left to feel irresponsible if reacting to the issues within the organization result in $$. • Everything in the SW area cities costs more. Contractors, lot prices, restaurants, home prices, market rate rental rates etc. Yet, we have some of the lowest paid employees. This also relates back to budgeting and the focus on levy versus realistic general fund budgeting. Recruitment and retention are a major factor, and we are continually losing people to neighboring cities who are paying significantly more for the same job classification. • Documentation, information tracking, lack of SOP’s • Institutional knowledge transfer • Understanding other department’s needs, who they are • Level of Staff engagement/empowerment • Trust from top down • A clear understanding of Citywide goals • Reaction to isolated resident complaints/wishes, thinking about the greater good and not make decisions on emotional or uneducated claims • A considerable lacking in general policy. • Many facilities are outdated and inadequate. • Until now, there was no long-term more robust financial planning leaving the City in a delicate financial position and a lot of deferred costs "piling up." • Confusion with employees during Covid Pandemic. Expectations • Employee accountability • Lack of employee loyalty to organization • Not competitive with employee wages. We train and employees leave • Lack of funding annually for equipment, park replacement projects, municipal buildings • Lack of trust between employees • No meaningful long-term planning • Outdated facilities • Resistance to investing in services • Compensation not comparable to neighboring cities (Minnetonka, EP) • Staff turnover City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 22 • Few policies • Lack of investment in technology and the support of existing technology • Deferred investment in replacing capital and infrastructure. • Previous lack of financial long-term planning & comprehensive budgeting • Intense focus on cost containment vs strategic investment in the community • City Hall outdated, not customer oriented • Understaffed in some areas • City Budget lacks funding for long term, has been “underfunded” for years • Lack of long-term vision and plan for the city • Infrastructure is old and crumbling. Roads, parks and trails need repair and maintenance and a long-term funding mechanism. • Lack of centralized community center (in center of town). • City is largely built out; not a lot more land available for further growth. • Lack of accessible, affordable housing • Challenging financial predicament • Too many unknowns • No long-term strategy for growth, financial stability • Outdated facilities • Dated policies - many haven’t been updated, reviewed or established to meet current standards • Deteriorating financial position with pavement management needs • Slowing growth, not many big parcels of land left to be developed • Lack of strategic plan • Outdated facilities and lack of plan for redevelopment or replacement • Lack of 5-to-10-year financial plan • Lack of long-term financial plan • Lack of processes in some departments • Lack of clarity around building codes • Older city hall building • Old rec center OPPORTUNITIESOPPORTUNITIESOPPORTUNITIESOPPORTUNITIES • Trust issues • We have an entire area of the city that I ready for growth. There are major retail and development projects and the potential for another major employer. We should be working hard on downtown redevelopment to continue to provide a hub where you can stay within the community to live, work, shop and enjoy entertainment. • Utilizing new technology to do the job better • Collaboration with outside agencies/stakeholders • Re-org of staff • Seize momentum of staff turnover/excitement for change • Thinking long term (both financially, and also managing growth and redevelopment based on sound planning) • Lake Ann land acquisition. • A supportive community that is hungry for reinvestment. City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 23 • TIF for Market Blvd. • Hwy 101 project. • Large tax capacity with very high average home value. • Increase funding for new economic opportunities - retail, park facilities and trails, downtown development • Capitalize on good reputation for new developments, new businesses, retaining existing businesses • Significant tax capacity • Some land available for development • Council willingness to look and plan for long term • Creative staff • Develop policies for financial sustainability and resiliency to make smart use of limited resources • Invest in technology, training and support • Invest in recruiting, retaining and developing high quality staff • Right-size staffing levels and skill sets • Desirable location to live • Still land for development • Collaboration with Carver County • Expanding Internet options - fiber franchise • Opportunities to build a city that lives up to its slogan of being a “community for life” by creating more housing that is affordable and accessible. Age in place opportunities are needed. • Lake Ann Park and trail is on the cusp of being transformed into a more accessible park for all. • Demographics are changing; new energy coming into the city. • Population will be increasing. • Willingness to try new things; stop “it’s how its always been done” approach • New sets of eyes in leadership positions to offer fresh perspective/approach • Effective communication strategies to connect with all employees, residents • Residents supportive of investing in our city • Development opportunities • Revitalize downtown • Opportunities for new unique restaurants and entertainment should be abundant post-covid • Improve communication with residents • Several developments planned or in process • Parks • Collaboration with other government entities • Planning for sustainment vs relying on growth • Avienda development • Continuing transparency to citizens THREATSTHREATSTHREATSTHREATS • Citizen’s lack of trust of staff • Council not supporting staff City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 24 • Trying to control free market versus following some of the trends other cities are doing. We have plenty of opportunity, let the market drive what the needs are and follow the market research done by others. Again, we want people to continue support the local community and trends drive what those needs are. • I think that finding people to work in a financially robust city when the wages don't align to the remainder of the city will continue to keep the workforce fluid. I believe the housing stock impacts that as well as the main line blue collar worker can't afford a home within the community they serve. We may have some affordable stock in entry level or starter homes but the 2nd home for the established family is NOT affordable to people that work in the city. • Staff turnover • Security of assets • Remaining stagnant, get out in front of new technology/needs • Previous lack of long-term financial planning • Deferred costs, especially in terms of road maintenance. • The business community being impacted by COVID-19 (especially restaurant and hospitality industries). • Not having a permanent City Manager • Taking too long to make key decisions • Failing businesses due to Covid Pandemic • Resistance to raising taxes • Distrust of government • Extended deferred maintenance and replacement • Deteriorating infrastructure • Uncertain economic future • Effects of lingering COVID on staff and economy • Loosing staff to other municipalities • Network attacks such as ransomware • Residents’ response to increased city budgets • Roads are in poor shape. Need funding and residents are not happy with new assessments for road repair. • Covid19 affecting the health and wellbeing of our residents and staff (first responders, especially?) • Covid has caused schools and businesses to shut down, at least partially. Damage to long standing points of interest like the • Chanhassen Dinner Theater, Chan Cinema, etc • Heavier rainfall and increasing storm damage causing flooding and more property damage. Warmer weather affecting our lake water quality. • Threats to our lakes: single use plastic, rising temperatures, wake surfing, pollution, salt, etc. • Traffic concerns, pedestrian and bike safety. • Speed limits not being obeyed • Mental health crises exacerbated by worsening economy, schools shutting down, etc. • Financial “cliffs” - lack/limited long term financial planning • Budget decisions-financial impact to residents • Limited long-term strategies for growth • Needed projects (facilities, infrastructure) significant financial investment • Economic conditions and slowing growth • IT security City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 25 • Perception of increased crime • Economic conditions for hospitality industry due to Covid-19 THREE GREATEST CHALLTHREE GREATEST CHALLTHREE GREATEST CHALLTHREE GREATEST CHALLENGESENGESENGESENGES • Recruiting and retaining excellent employees • Long-term financial stability • Managing growth and changes • Long term financial plan with realistic strategies • Improve the working conditions for employees but updating facilities making employees feel valued • Attracting free market developments and let the trends drive decisions • Communicating with residents/tax payers about how we pay for services, and how can we be more efficient • Long-term financial planning • Staff moral and engagement • Long-term financial planning and addressing deferred costs. • Maintaining City's roadways, and other infrastructure. • Attracting and retaining quality staff. • Maintain/fix aging infrastructure - Roads, park facilities, utilities, etc. • Business retention • Changing employee culture • Getting city back on track after pandemic and employee stability • Clarification of Council's long-term goals and aligning financial reality with goals • Maintaining quality infrastructure (roads, buildings, parks...) • Revitalizing the downtown • Long-term financial sustainability and resilience • Attracting a diverse tax base (commercial and residential) • Maintaining the City's assets • Attracting and retaining high quality staff • Retaining experienced staff • Achieving aggressive goals within budget limits • Improving and maintaining city streets • Long-term financial sustainability to accommodate existing needs and improve old, decaying infrastructure (roads, tennis courts, trails, parks, etc.) • Technology/smart infrastructure: Enhancing and improving our IT department (adding staff), new website, cyber security, as well as improving residential internet capabilities. Residents are increasing reliant on the internet, zooming classes and work. • Affordable and accessible housing, especially for those who are older and want to age in place, continue to afford to live here. • Maintaining high level of services with current budget or even small increases • Financial outlook • Dated Facilities • Long-term financial stability with pavement management, park equipment replacement needs, and replacing city manager and finance director • City hall issues- age and structure City of Chanhassen Strategic Plan FY 2021-2024 | March 2021 26 • Financial sustainability within council expectations • Staff turnover • Long-term financial plan • Moving from growth to sustain • Replacing/sustaining infrastructure CITY COUNCIL STAFF REPORT Monday, March 22, 2021 Subject Approve City Council Minutes dated March 8, 2021 Section CONSENT AGENDA Item No: D.1. Prepared By Kim Meuwissen, Office Manager File No:  PROPOSED MOTION “The City Council approves the City Council minutes dated March 8, 2021.” Approval requires a Simple Majority Vote of members present. ATTACHMENTS: Work Session Summary Minutes City Council Summary Minutes CHANHASSEN CITY COUNCIL WORK SESSION SUMMARY MINUTES MARCH 8, 2021 Mayor Ryan called the meeting to order at 4:30 p.m. MEMBERS PRESENT: Mayor Ryan, Councilwoman Rehm (Zoom), Councilman Campion, Councilman McDonald and Councilwoman Schubert MEMBERS ABSENT: None. COMMISSIONERS PRESENT: Mark von Oven, Planning Commission, Karl Tsuchiya, Park & Recreation Commission, Jeff Harken, Environmental Commission, Jerry Cerchia, Senior Commission. STAFF PRESENT: Interim City Manager Heather Johnston INTERVIEW CITY COMMISSION CANDIDATES: The City Council, along with the four attending Commission Representatives, interviewed the following commission applicants: March 8, 2021 Name First Choice Second Choice Notes 4:30 Dorina Tipton Senior NA Interview Waived 4:30 Erik Johnson Planning NA In Person 4:45 Scott Fischer Park & Rec Environmental In Person 5:00 Jim Boettcher Park & Rec NA In Person 5:15 Susan Kibler Senior Park & Rec In Person 5:30 Wilma Ruppert Planning Park & Rec In Person 5:45 Don Vasatka Park & Rec NA In Person 6:00 Ross Reeves Park & Rec Environmental Zoom 6:15 Jessie Bent Planning Park & Rec Zoom The candidates were asked the following questions: 1. What special qualities do you bring to the Commission? 2. What are your reasons for applying to the Commission? 3. What are the biggest problems you foresee facing Chanhassen in the future? 4. What do you believe are the community’s greatest assets? 5. What planning issues are you particularly concerned about? 6. What do you believe are the biggest concerns of your neighbors? 7. What do you believe the Commission does? 8. Are you involved with any other community organizations? City Council Work Session Summary – March 8, 2021 2 9. Do you understand the time commitments it takes to be a member of the Commission, and are you comfortable with that? The meeting adjourned at 6:44 pm. Submitted by Heather Johnston Interim City Manager Prepared by Kim Meuwissen CHANHASSEN CITY COUNCIL REGULAR MEETING MINUTES MARCH 8, 2021 Mayor Ryan called the meeting to order at 8:02 p.m. The meeting was opened with the Pledge to the Flag. MEMBERS PRESENT: Mayor Ryan, Councilman Campion, Councilwoman Rehm, Councilwoman Schubert, and Councilman McDonald. Councilwoman Rehm joined via Zoom. COUNCIL MEMBERS ABSENT: None. STAFF PRESENT: Kate Aanenson, Community Development Director, Heather Johnston, Interim City Manager, Kelly Strey, Interim Finance Director. PUBLIC PRESENT: Keri Colvin (via Zoom) 825 Flying Cloud Dr, Chaska, MN Mayor Ryan asked the City Council if there were any modifications or additions to the agenda. After the roll call vote there were no changes to the published agenda. PUBLIC ANNOUNCEMENTS: Mayor Ryan read the following public announcements: COVID testing is open in Chanhassen with or without insurance and walk-ins are available. Testing is held at the Chanhassen Recreation Center located at 2310 Coulter Blvd, Chanhassen, MN on Thursday, March 11 from 2:00 p.m. - 8:00 p.m., March 12 from 12:00 p.m. - 6:00 p.m., and March 13 from 12:00 p.m.-6:00 p.m. Council thanked Interim City Manager Heather Johnston for her work over the past eight months. She was presented with the Maple Leaf Award. Ms. Johnston thanked the Council and staff. CONSENT AGENDA: Councilman Campion moved, Councilman McDonald, seconded that the City Council approve the following consent agenda items pursuant to the City Manager’s recommendations: City Council Minutes – March 8, 2021 2 1. Approve City Council Minutes dated February 22, 2021 2. Approve City Council Special Meeting Minutes dated February 20, 2021 3. Approve City Council Special Meeting Minutes dated February 19, 2021 4. Receive Planning Commission Minutes dated February 2, 2021 5. Receive Park & Recreation Commission Minutes dated January 26, 2021 6. Approve Upgrade to Springbrook Software and Addition of Budget Module 7. Approve Contractor and Consultant Change Order/Amendment Requests for Powers Blvd./Lake Lucy Road Pedestrian Crossing Project 8. Approve Invoice for 2021 Tree Pruning Project All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. KERI COLVIN CITIZEN ACTION REQUEST Keri Colvin, owner of Golf Zone located at 825 Flying Cloud Dr, Chaska, asked the Council to change City Code 20-259 to allow the golf driving range to hold a liquor license to serve beer and wine. Currently, Golf Zone holds a 3.2 liquor license, however, few manufacturers make 3.2 beer which limits the options they can serve customers. Ms. Colvin stated she would like to offer a larger selection including local beer. Council was supportive of directing staff to research the request and bring it to a future meeting. Councilman McDonald asked if the City Code should be changed to remove the limitation of 3.2 liquor licenses for golf driving ranges. Community Development Director Kate Aanenson stated that the process would include a public hearing before the Planning Commission and then would return to the Council for action. Ms. Colvin clarified that Golf Zone is only looking for permission to serve beer and wine. They have a Category 1 food license. Councilwoman Schubert asked if there are other parts of the City Code that reference a 3.2 liquor license. Ms. Aanenson stated staff would review City Code for other references to 3.2 liquor. City Council Minutes – March 8, 2021 3 OLD BUSINESS. APPROVE PARTICIPATION IN STATE AUDITOR MEASUREMENT PROGRAM AND APPROVE TECHNICAL BUDGET ADJUSTMENTS Interim Finance Director Kelly Strey gave an overview of the newly created budget book. Ms. Strey stated the budget book would help the Council in making budget decisions and provide a clear and consistent approach. In time, the budget book will become more familiar and help with planning future budgets. Ms. Strey stated the current budget book was a retrofit of the 2021 budget process so that preparation for the 2022 budget can be more concise and consistent. Ms. Strey gave an introduction to the sections in the budget book which includes high level information as well as details. Ms. Strey stated that the Springbrook software that was approved on this Council meeting consent agenda will assist in automating the process of creating and updating the budget book. She plans to submit the budget book to the Government Finance Officers Association (GFOA) for their Distinguished Budget Award. Ms. Strey reviewed that the Library Bond Fund could be closed and the Transit Station Assessment Fund balance could be moved to the Capital Replacement Fund. Ms. Strey reviewed budgeted areas including Fleet, Technology, Risk Management, and Compensated Absences. Council stated it was a great resource. Ms. Strey invited Council to meet with her to discuss the budget book. Ms. Johnston added that the budget book was currently on the City of Chanhassen website. Councilman McDonald moved, Councilwoman Schubert seconded to approve participation in the State Performance Measures Program and will adopt ten performance measures identified, and adopts the technical budget amendments as presented in the 2021 budget document. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING. None. NEW BUSINESS. None. COUNCIL PRESENTATIONS. City Council Minutes – March 8, 2021 4 Councilwoman Rehm gave a presentation on International Women’s Day highlighting women- owned businesses and women living in Chanhassen. She stated it would be nice to create a list of women-owned businesses for future reference. ADMINISTRATIVE PRESENTATIONS. CONTRACTUAL SERVICES REVIEWS Ms. Johnston stated that the City started an end-of-year review of large contracts to get feedback from contractors. Councilwoman Schubert asked who participates in the review. Ms. Johnston stated the department or individual who interacts with those contractual services will participate in the review. Council may be asked to participate in the review of the City Attorney. Mayor Ryan asked if there was a certain dollar amount for these contracts. Ms. Johnston stated the reviews would be for contracts over $20,000. She estimated there were about eight contracts that would qualify. Mayor Ryan asked if the information would return to Council. Ms. Johnston stated the information was an internal document but a memo would be prepared to let the Council know who had been reviewed. Ms. Johnsons stated that the City of Chanhassen received the 2019 Water Fluoridation Quality Award for excellence in community water fluoridation from the Center for Disease Control and Prevention (CDC). CORRESPONDENCE DISCUSSION. U.S. CENSUS BUREAU CERTIFICATE OF RECOGNITION REVIEW OF CLAIMS PAID 03-08-2021 Councilman Campion 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 9:18 p.m. Submitted by Heather Johnston Interim City Manager Prepared by Kim Meuwissen CITY COUNCIL STAFF REPORT Monday, March 22, 2021 Subject Receive Environmental Commission Minutes dated February 10, 2021 Section CONSENT AGENDA Item No: D.2. Prepared By Jill Sinclair, Environmental Resources Coordinator File No:  PROPOSED MOTION “The City Council receives the Environmental Commission minutes dated February 10, 2021.” Approval requires a Simple Majority Vote of members present. ATTACHMENTS: Summary Minutes 1 Chanhassen Environmental Commission (EC) Regular Meeting – Zoom Online Meeting 6:00 pm February 11, 2021 Members Present: Bill Chappell, Kristin Fulkerson, Jeff Harken, Greg Hawks, Don Vasatka, and Markus Fischer. Members Absent: None Staff Present: Jill Sinclair, Environmental Resources Specialist Minutes: January minutes were approved. City updates: • City staff had EAB training with the MN Dept of Agriculture (MDA) on site at the confirmed infestation. Street and Park employees were shown the signs of EAB in the ash and presented with life cycle and management information. City and MDA employees then scouted throughout the city. Two more trees north of the confirmed site were found with signs of EAB. Jill has contacted all of the affected property owners and sent information to the neighborhoods closest to the infestation alerting them to the situation. • Tree City USA and the Arbor Day Foundation is hosting a free virtual conference. Jill can share the promo code with any commissioners who’d like to attend the sessions. • Last month, Jill shared that Xcel plans on updating all their street lighting in Chanhassen to LED. The commission asked how many lights is that and how many lights does the city operate? Jill shared that Xcel owns and maintains 963 streetlights in town. Minnesota Valley Electric Company has 289 light. The city has 305 street lights, of which 60 at last count had been switch to LED. The switch is made when the light burns out and needs replacement. Don suggested buying all of the need LED replacements to get a better cost and help facilitate replacements. Jill will look into it. • Adopt a highway. Don told the commission that the section of Hwy 5 without a name is currently adopted and waiting for a new sign. The only other section available is on Hwy 41 south of Hwy 5 and is mostly in Chaska. The commission agreed that they’d still like ot pursue a highway adoption within town. Don will check with Carver County on what’s available. If something is adopted, then maybe other commissions could also be invited to participate. • Jill shared that the city is considering offering a Metro Blooms class on Resilient Lawns, Bee Friendly Lawns or Creating Pollinator Habitat. She will let the commission know if one gets scheduled. 2 • A UMN student contacted the city about bird-safety protocols and ordinances and whether the city has any. It does not. The student has been invited to make a presentation to the city council on the topic. 2021 Recycling education event: Greg contacted DemCon about their education trailer and shared via email that the trailer is out of commission until Covid protocols are removed. In anticipation of less or no restrictions by fall, Greg reserved the trailer for Sept. 8. He said the trailer education program only runs M-F, 8a-5p. Don suggested maybe making it an after-school type of program and schedule it for 3 or 3:30p on a weekday. The commission decided Oct. 13 would be a better date. Greg will contact DemCon and change the date. The event could be advertised through Park and Rec programming to reach families as well as PeachJar for the schools. Greg also shared that DemCon has a variety of good videos that the city is free to use on social media. It was suggested that posting them should be added to the recycling communications calendar. Kristin offered to watch the videos and schedule them in the calendar. Markus will add her as an editor. Don had an idea of creating a physical display to rotate around the city parks. It would have recycling info and possible be interactive, include QR codes for more info or quizzes or videos. Keeping it simple was the consensus. Perhaps have a side for each recyclable material – paper, plastic, trash, metal. Include factoids like take a cap off glass and metal bottles before recycling, what recycling gets turned into, etc. One idea for construction is to use recycled material lumber for the display. Markus shared the Waste Wizard, a program that allows user to type in any material and see if it’s recyclable or not and what the options are for disposal. The program is run by ReCollect. Jill will look into the cost of hosting it on a city webpage and whether Carver County would be interested in partnering on it. The discussion circled back the education event and the display and it was decided to talk about it again next month after the Environmental Center tour. Arbor Day 2021: Jill shared the write-up for the poster contest and virtual Arbor Day event that will be published in the Connection. The commission suggested advertising the poster contest in more ways like a banner on the website, posting on social media, and maybe most effective – sandwich boards downtown. Jill will scan any posters submitted and send links to commission to a share file for viewing. General Discussion: • The commission decided to promote Earth Hour this year. It happens March 27, 8:30-9:30p. Participants are asked to turn off exterior lights for 1 hour. Kristin will add the promotion to the communications calendar. Jill will check to see if the city can participate with any city lighting that can be programmed remotely for the shut off. Don will check with high school about participation since they participated in 2019. Jeff will check with Rachel to get Paisley Park contact info to see if they will participate again as well. • Watershed update – The board approved a survey to be done for the Pioneer Tr/101 project. A vegetation management plan was approved for Lotus Lake. It will include issues such as wanted/not wanted vegetation present, shoreline restoration, etc. St. Hubert is requesting a resue system to be included with the fix for the failed catch basin. The system would save 3 $150K in water costs. The project would cost $160K+ to implement the smart controller system. It was tabled. A Bluff Creek stabilization project near the high school is being explored. Meeting adjourned at 7:45 pm Minutes prepared by Jill Sinclair CITY COUNCIL STAFF REPORT Monday, March 22, 2021 Subject Receive Economic Development Commission Minutes dated February 9, 2021 Section CONSENT AGENDA Item No: D.3. Prepared By Kim Meuwissen, Office Manager File No:  PROPOSED MOTION “The City Council receives the Economic Development Commission minutes dated February 9, 2021.” Approval requires a Simple Majority Vote of members present. CITY COUNCIL STAFF REPORT Monday, March 22, 2021 Subject Approve 2021 Liquor License Renewals Section CONSENT AGENDA Item No: D.4. Prepared By Kim Meuwissen, Office Manager File No: ADM­026 PROPOSED MOTION “The City Council approves the 2021 liquor license renewals as listed on the attached sheet contingent upon receipt of all necessary documentation and satisfactory background investigations of new operating managers.” Approval requires a Simple Majority Vote of members present. SUMMARY Liquor License Renewals Attached is a listing of all of the liquor licenses that are renewed annually by the City Council.  This renewal is for the licensing period of May 1, 2021 through April 30, 2022.  As of this writing, staff has not received all of the necessary documentation from every license holder; however, this is typical and no license will be issued until all documentation is complete. The Carver County Sheriff’s Department is in the process of completing background investigations on any new operating managers of each establishment.  This includes criminal history, outstanding warrants, and driving records.  If any noteworthy issues are found, the individual license will not be issued and will be brought back to the council at a future meeting. Staff also reviewed property tax and utility bill records for each applicant and found that all licensees are current. License Updates New in 2021 Golf Zone, 825 Flying Cloud Drive: On­Sale 3.2% Chanhassen Brewing Company, 951 West 78th Street: Off­Sale Brewer/On­Sale Taproom (pending state approval)  RECOMMENDATION Staff recommends that the City Council approve the 2021 liquor license renewals as listed on the attached sheet, contingent upon receipt of all necessary paperwork and a satisfactory background investigation.  CITY COUNCIL STAFF REPORTMonday, March 22, 2021SubjectApprove 2021 Liquor License RenewalsSectionCONSENT AGENDA Item No: D.4.Prepared By Kim Meuwissen, Office Manager File No: ADM­026PROPOSED MOTION“The City Council approves the 2021 liquor license renewals as listed on the attached sheet contingent upon receiptof all necessary documentation and satisfactory background investigations of new operating managers.”Approval requires a Simple Majority Vote of members present.SUMMARYLiquor License RenewalsAttached is a listing of all of the liquor licenses that are renewed annually by the City Council.  This renewal is for thelicensing period of May 1, 2021 through April 30, 2022.  As of this writing, staff has not received all of the necessarydocumentation from every license holder; however, this is typical and no license will be issued until all documentation iscomplete.The Carver County Sheriff’s Department is in the process of completing background investigations on any newoperating managers of each establishment.  This includes criminal history, outstanding warrants, and driving records.  Ifany noteworthy issues are found, the individual license will not be issued and will be brought back to the council at afuture meeting. Staff also reviewed property tax and utility bill records for each applicant and found that all licenseesare current.License UpdatesNew in 2021Golf Zone, 825 Flying Cloud Drive: On­Sale 3.2%Chanhassen Brewing Company, 951 West 78th Street: Off­Sale Brewer/On­Sale Taproom (pending stateapproval) RECOMMENDATIONStaff recommends that the City Council approve the 2021 liquor license renewals as listed on the attached sheet, contingent upon receipt of all necessary paperwork and a satisfactory background investigation.  Following Council approval, the licenses will be forwarded to the Liquor Control Division at the Minnesota Department of Public Safety for final processing. ATTACHMENTS: 2021 Liquor License Renewal List 2021 Liquor License Renewal Applications Lic. No.FEE ON-SALE 3.2 MALT LIQUOR LICENSE 2021-01 Golf Zone, 825 Flying Cloud Drive (renewal fee waived)$0 OFF-SALE 3.2 MALT LIQUOR LICENSES 2021-02 Cub Foods, 7900 Market Boulevard $58 2021-03 Idly Dosai International Market & Food Service, 406 West 78th Street $58 2021-04 Kwik-Trip #402, 2201 West 78th Street $58 2021-05 Kwik-Trip #492, 8921 Crossroads Boulevard $58 2021-06 Speedway #4095, 2960 82nd Street $58 ON-SALE INTOXICATING LIQUOR LICENSES (All fees listed include $200 Sunday Sales fee, except High Timbers Lounge) 2021-07 American Legion Post 580, 290 Lake Drive East $9,809 2021-08 Axel’s, 560 West 78th Street $6,315 2021-09 Buffalo Wild Wings, 550 West 79th Street $9,809 2021-10 Chanhassen Dinner Theatres, 501 West 78th Street $13,304 2021-11 High Timbers Lounge & Meeting Rooms, 591 West 78th Street (no Sunday Sales)$7,862 2021-12 Houlihan’s, 530 Pond Promenade $9,809 2021-13 North Coop, 2401 Highway 7 $9,809 2021-14 Rey Azteca, 7874 Market Boulevard $6,315 2021-15 Tequila Butcher, 590 West 79th Street $9,809 OFF-SALE INTOXICATING LICENSES 2021-16 Lunds & Byerlys Wine & Spirits, 780 West 78th Street $200 2021-17 MGM Wine & Spirits, 7856 Market Boulevard $200 2021-18 Target Store T-0862, 851 West 78th Street $200 2021-19 Top Ten Liquors, 19900 West 78th Street (Hennepin County)$200 2021-20 Total Wine & More, 510 Lake Drive $200 2021-21 The Vintage, 8971 Crossroads Boulevard Suite 160 $200 ON-SALE BEER & WINE LICENSES 2021-22 Bluff Creek Golf Course, 1025 Creekwood Drive $410 2021-23 Board & Brush Creative Studio, 7882 Market Boulevard $410 2021-24 Bonsai Sushi & Korean Cuisine, 420 Pond Promenade $410 2021-25 Café Thyme, 7850 Market Boulevard $410 2021-26 Davanni's Pizza and Hot Hoagies, 464 Lake Drive, Suite 100 $410 2021-27 Halla Greens Executive Golf Course & Driving Range, 495 Pioneer Trail $410 2021-28 Kai's Sushi & Grill, 586 West 78th Street $410 2021-29 Life Time Fitness, 2901 Corporate Place $410 2021-30 Na’s Thai Cafe, 566 West 78th Street $410 2021-31 Soya Sushi & Grill, 530 West 79th Street, Suite 120 $410 TOTAL FEES $88,431 CITY COUNCIL STAFF REPORT Monday, March 22, 2021 Subject Ordinance No. XXX: Approve Code Amendments to Chapters 18 and 20 Section CONSENT AGENDA Item No: D.5. Prepared By MacKenzie Young­Walters, Associate Planner File No:  PROPOSED MOTION “The City Council approves the proposed amendments to Chapters 18 and 20 concerning Tree Surveys and Landscaping Standards; Reconciling Intent Statements for RLM, R­8 and R­12 Zoning Districts; and Increasing the Final Plat and Metes and Bounds Subdivision Recording Timeline, and adopts the attached summary ordinance for publication." Note: Approval of the proposed amendments requires a simple majority vote of members present; adoption of the summary ordinance requires a 4/5 vote. Approval requires a 4/5 Vote. SUMMARY Staff periodically reviews areas of the City Code that could potentially be amended to close loopholes, remove obsolete provisions, improve clarity, or allow for increased flexibility. Staff has identified sections of the Code pertaining to Tree Surveys and Landscaping Standards, the Intent Statements for the RLM, R­8, and R­12 Zoning Districts, and the recording timelines for Final Plats and Metes and Bounds Subdivisions as areas where the City Code could be improved.  A brief discussion of each item is provided under the discussion section of this cover page. A full analysis can be found in the attached staff reports. BACKGROUND Staff presented these items to the City Council during their August 24, 2020 work session and was instructed to bring the proposed amendments before the Planning Commission for a public hearing. As staff researched the proposals the following changes were made from what was initially discussed: 1. Tree inventory surveys required to be conducted or updated within two years of the application (five years was discussed on August 24th). 2. R­8's intent statement reconciled by removing reference to single­family, detached housing (reconciling by adding to permitted uses was discussed on August 24th). Additionally, staff discovered issues with the intent CITY COUNCIL STAFF REPORTMonday, March 22, 2021SubjectOrdinance No. XXX: Approve Code Amendments to Chapters 18 and 20SectionCONSENT AGENDA Item No: D.5.Prepared By MacKenzie Young­Walters, AssociatePlanner File No: PROPOSED MOTION“The City Council approves the proposed amendments to Chapters 18 and 20 concerning Tree Surveys andLandscaping Standards; Reconciling Intent Statements for RLM, R­8 and R­12 Zoning Districts; and Increasing theFinal Plat and Metes and Bounds Subdivision Recording Timeline, and adopts the attached summary ordinance forpublication."Note: Approval of the proposed amendments requires a simple majority vote of members present; adoption of thesummary ordinance requires a 4/5 vote.Approval requires a 4/5 Vote.SUMMARYStaff periodically reviews areas of the City Code that could potentially be amended to close loopholes, removeobsolete provisions, improve clarity, or allow for increased flexibility. Staff has identified sections of the Codepertaining to Tree Surveys and Landscaping Standards, the Intent Statements for the RLM, R­8, and R­12 ZoningDistricts, and the recording timelines for Final Plats and Metes and Bounds Subdivisions as areas where the City Codecould be improved. A brief discussion of each item is provided under the discussion section of this cover page. A full analysis can be foundin the attached staff reports.BACKGROUNDStaff presented these items to the City Council during their August 24, 2020 work session and was instructed to bringthe proposed amendments before the Planning Commission for a public hearing. As staff researched the proposals thefollowing changes were made from what was initially discussed:1. Tree inventory surveys required to be conducted or updated within two years of the application (five years wasdiscussed on August 24th). 2. R­8's intent statement reconciled by removing reference to single­family, detached housing (reconciling by adding to permitted uses was discussed on August 24th). Additionally, staff discovered issues with the intent statements for the RLM and R­12 districts and included them in the proposed amendment. The Planning Commission held a public hearing on March 2, 2021 to consider the proposed amendments.  No member of the public spoke for or against any of the items.  During the meeting, the Planning Commission made the following comments: Commissioner McGonagill asked why staff was not proposing using a three­year standard for tree inventories, similar to what was established for wetlands. Staff explained that forests change more quickly than wetlands and that wetland updates require a more significant external review than tree surveys. Additionally, staff noted that a new tree survey was not required, only an updated one. Commissioner McGonagill asked what a tree survey cost. Staff replied that it depended on the size of the parcel and number of trees. Commissioner McGonagill expressed concern that tree diversity standards would unduly restrict landowners from planting what they wanted. Staff clarified that the standards applied to developments and site plans, not to a homeowner’s landscaping efforts. Commissioner von Oven asked if extension requests frequently went to City Council. Staff responded that they do when extenuating circumstances were present and that the City Council typically granted the extension. Commissioner von Oven asked if the Planning Commission rather than the City Council could approve these requests. Staff explained that all extensions had to go before the City Council. The Planning Commission voted unanimously to recommend that the City Council approve of all three proposed amendments. DISCUSSION Tree Diversity Standards Goal six of the city’s 2040 Comprehensive Plan’s Natural Resources Section is to “maintain a healthy and diverse urban forest”. One of the four policies enumerated to support this goal is “Continue to maintain a diversity of species in all public tree planting projects. At a minimum, use the 30­20­10 rule to select trees for projects.” The 30­20­10 rule is the principle that no more than 30 percent of trees should come from any one family, no more than 20 percent of trees should come from any one genus, and no more than 10 percent of trees should come from any one species. This minimum level of diversity helps to limit the amount of damage that a single disease, pest, or event can do to the city’s urban forest. While the city’s subdivision ordinance was amended to incorporate this standard in 2019, the city’s general landscaping standards were not amended to include a tree diversity requirement. Staff proposes amending the City Code to extend this standard to the general landscaping requirements in order to ensure that site plans and other projects align with the 2040 Comprehensive Plan’s goals and policies. Tree Inventory Expiration The city’s subdivision ordinance requires that applicants submit a tree survey in order to allow staff to evaluate the development’s impact on the natural environment and ensure compliance with the city’s tree preservation and canopy coverage requirements; however, unlike other environmental studies required by the city, there is no requirement that the tree survey be current. In some cases, tree studies done many years prior to the subdivision application are submitted to meet this requirement. Since natural features like trees and forests change over time, this can lead to situations where the conditions represented by the submitted survey no longer reflect the conditions on the site. In order to ensure that the city has accurate information from which to determine a project’s compliance with the city’s tree preservation requirements, staff recommends amending the City Code to require that the submitted tree survey be no more than two years old. CITY COUNCIL STAFF REPORTMonday, March 22, 2021SubjectOrdinance No. XXX: Approve Code Amendments to Chapters 18 and 20SectionCONSENT AGENDA Item No: D.5.Prepared By MacKenzie Young­Walters, AssociatePlanner File No: PROPOSED MOTION“The City Council approves the proposed amendments to Chapters 18 and 20 concerning Tree Surveys andLandscaping Standards; Reconciling Intent Statements for RLM, R­8 and R­12 Zoning Districts; and Increasing theFinal Plat and Metes and Bounds Subdivision Recording Timeline, and adopts the attached summary ordinance forpublication."Note: Approval of the proposed amendments requires a simple majority vote of members present; adoption of thesummary ordinance requires a 4/5 vote.Approval requires a 4/5 Vote.SUMMARYStaff periodically reviews areas of the City Code that could potentially be amended to close loopholes, removeobsolete provisions, improve clarity, or allow for increased flexibility. Staff has identified sections of the Codepertaining to Tree Surveys and Landscaping Standards, the Intent Statements for the RLM, R­8, and R­12 ZoningDistricts, and the recording timelines for Final Plats and Metes and Bounds Subdivisions as areas where the City Codecould be improved. A brief discussion of each item is provided under the discussion section of this cover page. A full analysis can be foundin the attached staff reports.BACKGROUNDStaff presented these items to the City Council during their August 24, 2020 work session and was instructed to bringthe proposed amendments before the Planning Commission for a public hearing. As staff researched the proposals thefollowing changes were made from what was initially discussed:1. Tree inventory surveys required to be conducted or updated within two years of the application (five years wasdiscussed on August 24th).2. R­8's intent statement reconciled by removing reference to single­family, detached housing (reconciling byadding to permitted uses was discussed on August 24th). Additionally, staff discovered issues with the intentstatements for the RLM and R­12 districts and included them in the proposed amendment.The Planning Commission held a public hearing on March 2, 2021 to consider the proposed amendments. No member of the public spoke for or against any of the items. During the meeting, the Planning Commission made the following comments:Commissioner McGonagill asked why staff was not proposing using a three­year standard for tree inventories, similarto what was established for wetlands. Staff explained that forests change more quickly than wetlands and that wetlandupdates require a more significant external review than tree surveys. Additionally, staff noted that a new tree surveywas not required, only an updated one.Commissioner McGonagill asked what a tree survey cost. Staff replied that it depended on the size of the parcel andnumber of trees.Commissioner McGonagill expressed concern that tree diversity standards would unduly restrict landowners fromplanting what they wanted. Staff clarified that the standards applied to developments and site plans, not to ahomeowner’s landscaping efforts.Commissioner von Oven asked if extension requests frequently went to City Council. Staff responded that they dowhen extenuating circumstances were present and that the City Council typically granted the extension.Commissioner von Oven asked if the Planning Commission rather than the City Council could approve these requests.Staff explained that all extensions had to go before the City Council.The Planning Commission voted unanimously to recommend that the City Council approve of all three proposedamendments.DISCUSSIONTree Diversity StandardsGoal six of the city’s 2040 Comprehensive Plan’s Natural Resources Section is to “maintain a healthy and diverseurban forest”. One of the four policies enumerated to support this goal is “Continue to maintain a diversity of species inall public tree planting projects. At a minimum, use the 30­20­10 rule to select trees for projects.” The 30­20­10 ruleis the principle that no more than 30 percent of trees should come from any one family, no more than 20 percent oftrees should come from any one genus, and no more than 10 percent of trees should come from any one species. Thisminimum level of diversity helps to limit the amount of damage that a single disease, pest, or event can do to the city’surban forest. While the city’s subdivision ordinance was amended to incorporate this standard in 2019, the city’sgeneral landscaping standards were not amended to include a tree diversity requirement. Staff proposes amending theCity Code to extend this standard to the general landscaping requirements in order to ensure that site plans and otherprojects align with the 2040 Comprehensive Plan’s goals and policies.Tree Inventory ExpirationThe city’s subdivision ordinance requires that applicants submit a tree survey in order to allow staff to evaluate thedevelopment’s impact on the natural environment and ensure compliance with the city’s tree preservation and canopycoverage requirements; however, unlike other environmental studies required by the city, there is no requirement thatthe tree survey be current. In some cases, tree studies done many years prior to the subdivision application aresubmitted to meet this requirement. Since natural features like trees and forests change over time, this can lead tosituations where the conditions represented by the submitted survey no longer reflect the conditions on the site. Inorder to ensure that the city has accurate information from which to determine a project’s compliance with the city’s tree preservation requirements, staff recommends amending the City Code to require that the submitted tree survey be no more than two years old. RLM, R­8, and R­12 Intent Statements Every zoning district is prefaced by an intent statement that outlines the purpose of the district. In residential districts, this statement typically lists permitted types of housing and intended density. The subsequent list of uses and lot requirements should be consistent with the initial intent statement. In both the R­8 and R­12 districts, the intent statements do not match the list of permitted uses. In the R­8 district, the intent statement lists detached, single­family homes but this style of housing is not listed as a permitted residential use. In the R­12 district, twin homes are listed as a permitted use but are not mentioned in the intent statement. Staff examined the typical lot sizes associated with single­family homes and twin homes and determined that neither type of housing would facilitate the minimum density required for the respective zoning district. For this reason staff is proposing reconciling the discrepancy by removing single­family housing from the R­8 intent statement and removing twin homes and their associated lot standards from the R­12 district’s list of permitted uses. Regarding the RLM district, its intent statement’s clause that the district’s maximum density is eight units per acre can create confusion when developers attempt to apply the district to land guided low density residential, which the Comprehensive Plan limits to a maximum density of four units per acre. Amending the intent statement to only reference the applicable land use categories would clarify that the district’s densities are expected to fall within those proscribed by the city’s land use plan. Recording Timelines The current language in the Subdivision Ordinance mandates that final plats and metes and bounds subdivisions be recorded with the County Recorder Office within 30 days after receiving City Council approval. Failure of the applicant to comply with this timeline is listed as cause for revoking the city's approval. Often, multiple issues arise that are beyond the control of the applicant, property owner or city, and these issues make meeting the 30­day deadline impossible. In practice, the city does not act to revoke the approval when these issues arrive, due to the understanding that extenuating circumstances happen. That being said, a timeline is required in order to prevent developers from deliberately delaying recording an approved subdivision to artificially maintain a lower property tax valuation. Staff proposes to balance these considerations by extending the timeline to record a plat from 30 days to 120 days, which would make it consistent with the recording timelines established for other recorded documents under the City Code. Failure to meet that deadline would void the approval unless a request for time extension is submitted in writing and approved by the City Council.  RECOMMENDATION The Planning Commission recommends that the City Council approve the proposed amendments to Chapters 18 and 20. ATTACHMENTS: Staff Report ­ Tree Diversity and Inventory Standards Staff Report ­ Intent Statements Staff Report ­ Recording Timelines CNYMCHAI'IHASSXI'I MEMORANDUM FROM: Planning Commission MacKenzie Young-Walters, Associate Planner March2,202l S[IBJ: Tree Diversity Standards and Inventory Expiration ISSUES While the subdivision ordinance was amended in 2019 to reflect the 2040 Comprehensive Plan's tree diversity standards, the portion of the ordinance that governs general landscaping standards was not amended to incorporate these standards. The city's subdivision ordinance requires that a tree survey be submitted as part of the subdivision process, but does not require that the survey be current. Goal six ofthe city's 2040 Comprehensive Plan's Natural Resources Section is to "maintarn a healthy and diverse urban forest". One ofthe four policies enumerated to support this goal is "Continue to maintain a diversity of species in all public tree planting projects. At a minimum, use the 30-20-10 rule to select trees for projects." The 30-20-10 rule is the principle that no more than 30 percent oftrees should come from any one family, no more than 20 percent of trees should come from any one genus, and no more than 10 percent oftrees should come from any one species. This minimum level of diversity helps to limit the amount of damage that a single disease, pest, or event can do to the city's urban forest. While the city's subdivision ordinance was amended to incorporate this standard in 2019, the city's general landscaping standards were not amended to include a tree diversity requirement. Staff proposes amending the City Code to extend this standard to the general landscaping requirements in order to ensure that site plans and other projects align with 2040 Comprehensive Plan's goals and policies. The city's subdivision ordinance requires that applicants submit a tree survey in order to allow staff to evaluate the development's impact on the natural environment and ensure compliance pH 952.227.1 I 00 . www.ci.chanhassen.mn.us . FX 952.227.111 0 TfOO I4ARKEI BOULEVARD .PO BOX I4T.CHANHASSEN .IYINNESOTA 55317 Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow TO: DATE: PROPOSED MOTION: "The Chanhassen Planning Commission recommends that the City Council adopt the proposed ordinance amending City Code Chapter l8 conceming tree surveys and Chapter 20 conceming landscaping standards." SUMMARY Tree Diversity Standards and Inventory Expiration March2,202l Page 2 with the city's tree preservation and canopy coverage requirements; however, unlike other environmental studies required by the city, there is no requirement that the tree survey be current. [n some cases tree studies done many years prior to the subdivision application are submitted to meet this requirement. Since natural features like trees and forests change over time, this can lead to situations where the conditions represented by the submitted survey no longer reflect the conditions on the site. In order to ensue that the city has accurate information from which to determine a project's compliance with the city's tree preservation requirements, staff recommends amending the City Code to require that the submitted tree survey be no more than two years old. RELE VANT CITY CODE Sec. l8-61 - This section outlines the subdivision ordinance's landscaping and tree preservation requirements, including the 30-20-10 rule and tree survey requirement' Sec. 20-l 183 - This section lists the landscaping requirements that are applied to site plan reviews. ANALYSIS Issue 1: Landscape Standards The city recently adopted the 2040 Comprehensive Plan which contains a new policy related to the city's goal of maintaining a healthy and diverse urban forest. As part ofthe comprehensive planning process, the city is required to update its code ofordinances to align with the policies of the Comprehensive Plan. The city updated the subdivision ordinance to reflect these policies in May of20l9; however, the city's landscaping requirements do not currently contain any tree diversity requirement. These landscaping requirements come into play during site plan reviews, and adding a diversity requirement will help ensure that a development's landscaping plans have the mix oftrees needed to create a resilient urban forest. The importance ofa diverse urban forest has been highlighted by the devastating effects of Dutch elm disease and emerald ash borer. In these cases, a single disease or insect killed millions of trees in cities, the effects worsened due to a lack of tree diversity. Diversity is key to a healthy urban forest. To put it simply, different trees are susceptible to different pests, different kinds of weather and different kinds of damage so by consciously choosing a variety oftrees, an urban forest becomes less vulnerable to outbreaks, climate change and severe weather. When there is a loss in a ciry's tree cover, it represents notjust the loss of money entailed in removing and replacing the stricken trees, but also the loss of shade, water management, aesthetics, and air quality improvements associated with community c,rnopy cover. Having a high density ofa single type oftree makes it easier for pests and diseases to spread and harder to manage an outbreak. It also means that a single pest or disease can have devastating effects on neighborhoods with an overabundance of a single species. When a developer or a city relies too heavily on a single species, genus or family, it creates a vulnerability within that Tree Diversity Standards and Inventory Expiration March2,2021 Page 3 neighborhood. Significant tree loss in any neighborhood is heavily felt, emotionally, socially and financially by the neighborhood and city. Having a diversity oftree types provides resiliency and cost savings to everyone in the community. There will always be threats to the health and sustainability ofour city's canopy, but one of the best ways to protect the city's urban forest is to ensure a measured diversity of trees. A wider variety oftrees decreases the susceptibility ofour urban forest, reduces the speed at which an outbreak can spread, and increases the feasibility ofeffectively and efficiently responding to serious events, whether they be biological or weather-related. In order to ensure that adequate tree diversity is present throughout the city, staff is proposing adding a standard to the city's landscaping requirements stating that no more than ten percent of the trees may be from any one tree species, no more than 20 percent ofthe trees may be from any one genus, and no more than 30 percent oftrees from any one family. Issue 2: Tree Sumey The city's subdivision ordinance requires that developers submit various documents depicting the properties'. Examples of these documents include wetland delineations, topographic surveys, and tree surveys. The information provided by these items allows staff to assess the proposed development's impact on the natural environment and compliance with City Code' While topographic fearures tend to remain relatively static over time, both wetland delineations and tree surveys describe living systems that can change significantly in a handful ofyears. In recognition ofthis, the city requires wetland delineations be no older than three years; however, tree surveys do not have a similar requirement. This has led to situations where the city is asked to evaluate a subdivision's compliance with the city's tree preservation and canopy coverage requirements based on tree surveys that no longer accurately reflect the conditions on the property. Often times this happens when an initial tree survey is submitted as part ofa subdivision that does not go forward, then many years later the proposal is resubmitted with the applicant presenting the original tree survey. Of particular concem is that fact that the city requires tree surveys to note damaged and diseased trees as well as trees over a specified size. This information is used by city staff to help determine which trees it is most important to preserve as well as which trees need to be removed. In cases where many years have passed between the initial tree survey and the submitted application trees that were previously damaged or diseased may have died, previously healthy trees may have become damaged or diseased, and existing trees may have gown to a size where the City Code would require their inclusion in a tree survey. All ofthese factors can potentially change how the city's landscaping and tree preservation requirements apply to the site' In order to address this concem and ensure that the city has accurate and up-to-date information, staff is proposing amending the City Code to require that tree survey's be no older than two years old. Within this time period, there will be changes to trees on a property as they grow larger, but barring any catastrophic impact by weather or biologicals, the overall change will be less significant. Beyond that time period, tree growth and health changes become more noticeable. It would always be in the best interest ofthe developer and city to have the most current inventory possible, but the two-year period allows for somewhat recent inventory work to still be applicable. 2) Amend the City Code to adopt the 30-20-10 rule and establish a statute of limitations tbr tree surveys. MMENDATI Staff recommends Altemative 2 which will bring the landscaping section of the City Code in line with the tree diversity policy stated in the 2040 Comprehensive Plan and ensure that accurate tree surveys are submitted as part of the subdivision process. The proposed amendments would read as follows: Sec. I 8-61. - Landscaping and tree preservation requirements. (d) The following standards shall be used in evaluating subdivisions and site plans: ( 1) It is a policy of the City of Chanhassen 10 protect the integrity of the natural environment through the preservation, protection, and planting oftrees. The city finds that fiees provide many benefits including: stabilization ofthe soil by the prevention of erosion and sedimentation, reduction of stormwater runoff and the costs associated therewith, improvement of air quality, reduction of noise pollution, control of urban heat island effect, protection and increase of property values, protection ofprivacy, energy conservation through natural insulation, control of drainage and restoration of denuded soil subsequent to constuction and grading, protection from severe weather, providing habitat for birds and other wildlife, conservation and enhancement of city's physical and aesthetic environment, reforestation of open lands, and general protection and enhancement ofthe quality of life and general welfare ofthe city. It is therefore the purpose ofthis section to provide regulations related to the cutting, removal, or killing of trees on construction and development sites and to ensure the protection and preservation of the natural environment and beauty ofthe City of Chanhassen. (2) Prior to the submittal of development plans, a tree survey of the site shall be prepared by a registered landscape architect, licensed forester, or other professional approved by the ciry. The tree survey shall reflect conditions on site at the time of submittal, or shall have been reviewed and updated no more then two years prior to the submittal date. This survey shall include the species, DBH size, condition, location of all trees over ten inches in diameter and any damaged or diseased trees on site. All significant special, damaged or diseased trees shall be tagged and identified by number Tree Diversity Standards and Inventory Expiration March2,2021 Page 4 ALTERNATIVES 1) No action. Tree Diversity Standards and Inventory Expiration March2,202l Page 5 on the survey. A delineation of the existing canopy coverage area(s) which outlines all aleas covered by ree canopy shall be included as part of the survey. Additionally, all damaged and diseased trees shall be cataloged with the nanue and extent ofany damage or disease specified. a, Based on this survey and either site observation and measurement or a current aerial photograph (taken within one year ofthe date ofplan submittal) interpretation, the following shall be calculated: l. Base line canopy coverage. 2. Minimum canopy coverage requirements. b. The following table shall be used to determine the minimum amount of canopy coverage that must be maintained or provided on-sire as part ofthe development. It shall represent the minimum canopy coverage, consisting of existing tree canopy and/or additional trees required for the site. Existing wetland areas, bluff areas, and dedicated park land located on site shall be excluded from the calculation of site area in the determination of site coverage. If a forested area is to be dedicated to the city for park land, then this area shall not be included in the base line canopy coverage area calculation nor shall it count towards the minimum canopy coverage for the site. Comprehensive Plan Designation Medium Density Residential Low Density Residential Base line canopy coverage is the canopy coverage existing at the time the development application is filed with the city. Minimum canopy coverage is determined by using the matrix. Priority shall be given to retaining stands of trees and undisturbed wooded lands over individual specimen trees that will be incorporated into the development. No C 4o-59o/o 20-39%197o or less60-79%80-100% 14%10o/o25%20o/oCommercial/lndustrial/lnstitutional 25%20%15%30o/oHigh Density Residential 35% 25o/o 20%40%3s%30% 46%35%30%25%55% 25%s6%43%Large Lot Residential 68% Base Line Canopy Coverage Per Acre 28% 35% Tree Diversity Standards and Inventory Expiration March2,2021 Page 6 more than ten percent of the canopy retention requirement may be met by an individual tree that is not included within a designated woodland area. d. For developments that do not meet the minimum canopy coverage, the developer shall be required to develop a forestation plan to bring the total canopy coverage up to the minimum requirement. Where existing woodlands are removed or there is a loss of trees that would otherwise be used to meet the canopy coverage retention requirement, the developer shall develop a woodland replacement plan. The replacement plan must designate an area at least one and two-tenths (l '2) times the removed canopy coverage area that shall be planted with replacement trees for those removed. These plans shall locate additional trees either as a continuation of existing stands of trees that are to be preserved or create new stands oftrees in desirable locations such as along roadway corridors, on the north and west perimeters ofthe development, in common open areas, or adjacent to park facilities. e. The following criteria shall be followed in establishing minimum canopy coverage: l. When planting trees, one tree shall be deemed to provide 1,089 square feet of required canopy coverage; 2. Trees must be from the approved list ofdesirable species (preference given for trees designated as native); 3. No more than ten percent ofthe trees may be from any one tree species, no more than 20 percent ofthe trees may be from any one genus, and no more than 30 percent oftrees from any one family; 4. Over-story trees shall be at least 2%-inch caliper and understory trees shall be a minimum of I %-inch caliper; 5. Conifer trees shall be a minimum of six feet in height; 6. Plant materials used for the reforestation shall be of a similar species as vegetation found on-site; 7. Trees shall be used that are appropriate to the soil conditions found on site; 8. Trees shall be from certified nursery stock as defined and controlled by M.S' $$ I 8.,14 through I 8.61 , the Plant Pest Act; and Sec. 20-1183. - Landscaping materials. (a) The landscaping materials shall consist ofthe following: (l) Ilalls and fences. Walls shall be constructed of natual stone, brick or other appropriate materials. Fences shall be constructed of wood. Chain link fencing will be permitted only ifcovered with plant material or otherwise screened. (2) Earth Derzs. Earth berms shall be physical barriers which block or screen the view similar to a hedge, fence or wall. Mounds shall be constnrcted with proper and adequate plant material to prevent erosion. A difference in elevation between areas requiring Tree Diversity Standards and Inventory Expiration March2,202l Page 7 screening does not constitute an existing earth mound, and shall not be considered as fulfilling any screening requirement. (3) Plants. All plant materials shall be living plants; artificial plants are prohibited. Plant materials shall meet the following requirements: a. Deciduous trees. Shall be species having an average crown spread of greater than l5 feet and having trunk(s) which can be maintained with over five feet of clear wood in areas which have visibility requirements, except at vehicular use area intersections where an eight-foot clear wood requirement will control. Trees having an average mature spread of crown less than 15 feet may be substituted by grouping ofthe same so as to create the equivalent ofa lS-foot crown spread- A minimum of ten feet overall height or minimum caliper (trunk diameter, measwed six inches above ground for fiees up to four inches caliper) ofat least two and one- half inches immediately after planting shall be required. Trees of species whose roots are known to cause damage to public roadways or other public works shall not be placed closer than l5 feet to such public works, unless the tree root system is completely contained within a barrier for which the minimum interior conuining dimensions shall be five feet square and five feet deep and for which the construction requirements shall be four inches thick, reinforced concrete' b. Evergteen trees. Evergreen trees shall be a minimum of six feet high with a minimum caliper ofone and one-half inches when planted when counted as an understory tree. Over-story evergreens shall be a minimum of eight feet high' c. Tree Divenir!. No more than ten percent of the trees may be from rny one tree species, no more than 20 percent of the trees may be from any one genus, and no more than 30 percent of trees from any one family. d. Shrubs and hedges. Deciduous shrubs shall be at least two feet in average height when planted, and shall conform to the opacity and other requirements within four years after planting. Evergreen shrubs shall be at least two feet in average height and two feet in diameter. e. Vines. Vines shall be at least 12 inches high at planting, and are generally used in conjunction with walls or fences. f. Grass or ground cover. Grass shall be planted in species normally grown as pennanent lawns, and may be sodded, plugged, sprigged, or seeded; except in swales or other areas subject to erosion, where solid sod, erosion reducing net, or suitable mulch shall be used, nurse-grass seed shall be sown for immediate protection until complete coverage otherwise is achieved. Grass sod shall be clean and free of weeds and noxious pests or diseases. Ground cover such as organic material shall be planted in such a manner as to present a finished appearance and 75 percent of complete coverage after two complete growing seasons, with a maximum of 15 inches on center. In certain cases, gtound cover also may consist of rocks, pebbles, sand and similar materials if approved by the city. glplan\city codeuo2l \2021-O I t ee irryentory and diversiry shndards\issue paper_Eee inventory 8nd develsity srandards-docx TO CITY OT CIIAI'IHASSXN Planning Commission FROM: MacKenzieYoung-Walters,AssociatePlanner DATE: March2,2021 SUBJ:Reconcile Residential Low and Medium Density District (RLM), Mixed Medium Density District (R-8) and High Density Residential District (R-12) Intent and Uses PROPOSED MOTION: "The Chanhassen Planning Commission recommends that the City Council adopt the proposed ordinance amending Chapter 20 conceming the RLM, R-8, and R-12 districts." ISSUES The intent statement for the city's R-8 district lists providing single-family detached housing as a function of the district, but single-family detached housing is not listed as a permitted use. Similarly, the city's R-12 district lists two-family dwellings as a permitted use, but its intent statement only lists townhomes and multifamily residential structures. These discrepancies should be reconciled. Additionally, the intent statement for the city's RLM district states the maximum density is eight units per acre; however, the district is intended to be used on land guided for either low or medium density, and the stated density would only be permitted on land guided medium density. Every zoning district is prefaced by an intent statement that outlines the purpose of the district. ln residential districts, this statement typically lists permitted types of housing and intended density. The subsequent list ofuses and lot requirements should be consistent with the initial intent statement. In both the R-8 and R-l2 districts, the intent statements do not match the list of permitted uses. In the R-8 district, the intent statement lists detached single-family homes but this style of housing is not listed as a permitted residential use. In the R-l2 district, twin homes are listed as a permitted use but are not mentioned in the intent statement. Stafl examined the typical lot sizes associated with single-family homes and twin homes and determined that neither t1,pe of housing would facilitate the minimum density required for the respective zoning district. For this reason stalf is proposing reconciling the discrepancy by removing single-family housing from the R-8 intent statement and removing twin homes and their associated lot standards from the R-12 district's list of permitted uses. PH 952.227.1100. www.ci.chanhassen.mn.us. FX 952.227.1110 I/OO I1ARKET BOULEVARD .PO BOX ]4T.CHANHASSEN .MINNESOTA 55317 Chanhassen is a Community for Life - Providing for Today and Planning for Tomonow MEMORANDUM SUMMARY RIM, R-8 and R-12 Intent and Uses March2,2021 Page2 Regarding the RLM distric! its intent statement's clause that the district's maximum density is eight units per acre can create confusion whan developers attempt to apply the district to land guided low density residential, which the Comprehensive Plan limits to a maximum density of four units per acre. Amending the intent statement to only reference the applicable land use categories would clarifu that the disrict's densities are expected to fall within those proscribed by the city's land use plan. RELEVANT C Chapter l, Section l-2, Rules ofconstruction and definitions: defines single-family dwelling as a detached building containing one dwelling unit, two-farnily dwelling as a detached building containing two dwelling units and notes that it is low density, town house dwellings as a row ofat least three single-family attached dwellings where no unit is located over another unit, and multi- family dwelling as a detached building containing three or more dwelling units. Chapter 20, Article XIV, Division l. "RLM" Residential Low and Medium Density District: lists the intended uses, permitted uses, and standards for the RLM district. Chapter 20, Article XIV, Division 2. "R-8" Mixed Medium Density Residential District: lists the intended uses, permitted uses, and standards for the R-8 district. Chapter 20, Article XV, Division l. "R-12" High Density Residential District: lists the intended uses, permitted uses, and standards for the R- 1 2 district. AI\IALYSIS When determining what zoning is appropriate for a site, the city looks to the Comprehensive Plan's land use plan. This land use plan guides various parcels for different broad categories ofuses like industrial or residential. Within the residential category parcels are guided for large lot, low density, medium density, and high density uses. Each ofthese uses has a required density range, for example areas guided low density must develop with a density of between 1.2 and four units per acre. The city's Comprehensive Plan liss what zoning districts are permissible for what land use designations and this designation is reinforced by the each districts' opening intent statement which outlines what types of housing it is intended to accommodate. In the case ofthe city's R-8 and R-I2 districts, they are respectively guided for MediurilHigh and High density development. Areas guided medium density must develop at densities of between four and eight units per acre and areas guided high density must develop at densities of between eight and 1 6 units per acre, though the R- 12 district is intended to have a maximum density of 12 units per acre. In order to achieve the required densities, Average Lot Size for Unit Per Acre Low Density 1.2 units per acre 36,300 sq. ft 4 units per acre 10,890 sq. ft. Medium Density 4 units per acre 10,890 sq. ft. 8 units per acre 5,445 sq. ft. High Density 8 units per acre 5,445 sq. ft. 12 units per acre 3,630 sq. ft. 16 units per acre 2,722.3 sq. ft. the average lot size within a development needs to fall within a certain range as shown in the table to the right. To make sure this happens, the city's zoning districts speci! minimum lot sizes that fall within these ranges. Oftentimes, different styles of housing permitted within a district have different RLM, R-8 and R-12 Intent and Uses March2,2027 Page 3 minimum lot sizes that correspond to the lower or upper limit of the density range. For example, the R4 district is intended to be used in areas guided low and/or medium density. To support this, it has a 15,000 square foot minimum lot size for single-family homes which corresponds to 2.9 units per acre (i.e. low density), and a 10,000 square foot minimum per unit lot size for two-family homes which corresponds to 4.35 units per acre (i.e. medium density). In the example above, the R-4 district's intent statement lists single-family detached and attached residential development, it's permitted uses list single-family and two-family dwellings, and its minimum lot sizes facilitate the proscribed densities. However, both the R-8 and R-12 districts have discrepancies between their intent statements, permitted uses, and minimum lot sizes. For the R-8 district, facilitating single-family detached residential development is listed as an intent of the district, but is not listed as a permitted use. This discrepancy could be resolved either by adding single-family dwelling to the list of permitted uses and adopting appropriate standards or by removing it Aom the intent statement. In order to evaluate which approach makes the most sense, staff put together a table listing housing types permitted in the R-4, RLM, R-8, and R-12 districts along with the relevant lot standards. Density Low/Med Low LoVMed Med High Single-Family Lot Area R-4 15,000 PUD.R t Requiren 11,000 RLM ents 9,000 R-g* NA R-12*ffi NA Lot Frontage 80 NA NA Lot Depth t25 100 110 NA NA Lot Cover 30%30%35%NA Two-Family Lot Area 10,000 NA 7 ,260 7 ,500 7,500 Lot Frontage 50 NA 50 50 Lot Depth t25 NA 100 150 155 Lot Cover NA 4O/o 3S%;35% Townhouses NA NA 5,445 5,500 3,600 Lot Frontage NA 30 50*{'150*+ Lot Depth NA NA 100 150 155 Lot Cover NA NA so%35% Multi-Family Lot Area NA 5,445 5,500 3,500 Lot Frontage NA NA 30 50 150 Lot Depth NA 150 155 Lot Cover NA NA 50%35Yo 35% *Note: R-8's intent statement says single-family detached, but does not list it and R-12's intent statement says townhouse and multifamily, but lists two-family dwellings t+Note: With the three unit requirement, R-8 and R-12 have equivalent frontage requirements. Zoning 90 50 NA 50 30% Lot Area NA 35% NA NA 100 RLM, R-8 and R-12 Intent and Uses March2,202l Page 4 To make the minimum density requirement of four units per acre, single-family homes within the R- 8 district would need to have a minimum lot size of 10,890 square feet. Staff is concemed that this lot size would undermine the intent of the RLM district, which allows smaller single-family lot sizes within areas guided lodmedium density in exchange for the dedication of permanent open spaces. It is difficult to see why a developer would pursue RLM zoning if R-8 was amended to allow comparably sized lots without the dedication requirement. Similarly, it would allow R-8 districts to have single-family lot sizes smaller than what is permitted in the PUD-R district for detached single- family homes, without the expectation of a higher quality development which is required of developers requesting PUD-R zoning. Ultimately, the R-8 zone is intended to be a true medium density zone characterized by attached housing, rather than a hybrid loilmedium density zone like the RLM district where either small lot single-family or attached housing is appropriate. In order to maintain the existing distinctions within the City Code and encourage developers looking for higher density single-family options to dedicate land or meet PUD-R standards, staff recommends that the R-8 discrepancy be resolved by removing detached single-family residential developments from the intent statement. This change would also be consistent with the Comprehensive Plan's description ofland guided for medium density as being characterized by duplexes, townhouses, and lower density apartrnents or condominiums. The R-12 district has the opposite problem of the R-8 district. In the R-l2 district, the uses listed in the intent statement correspond to the district's intended function as a high density residential district. The 3,600 square foot minimum lot size for both townhouses and multifamily developments corresponds to a maximum density of 12.1 units per acre, which aligns closely the district's intended 12 unit per acre maximum density; however, the district lists two-family dwellings as a permitted use. Since the district establishes a 7,500 per dwelling unit minimum lot size for twin-homes, this use would equate to a development with a maximum density of 5.8 units per acre, significantly below the eight unit per acre minimum required for land guided as high density residential. Staff believes the best way to clarifr the permitted density within the RLM district is to remove the language referencing the eight unit per acre maximum and have the opening sentence simply note that it is intended to be provided for single-family attached and detached residential development on Given that the Comprehensive Plan states that land guided high density should provide for aparfinents and condominiums, staff believes the discrepancy within the R-12 district should be resolved by removing two-family dwellings and their associated standards from the list of permitted uses. This change would be consistent with the city's intent for areas guided high density residential to provide for multifamily housing. In the RLM district, the listed housing types, permitted uses, and lot sizes all align, but the intent statement references a maximum density of eight units per acre. While that is the correct maximum density when the RLM district is applied to a property guided for medium density residential, the RLM district can also be applied to property guided for low density residential which has a maximum density of four units per acre. Since the RLM's intent statement only references the eight unit per acre maximum, it creates the impression that the RLM zoning always permits development at up to that density, regardless of land use guidance. RLM, R-8 and R-12 Intent and Uses March2,202l Page 5 land guided residentialJow or medium density in the city's Comprehensive Plan. In all cases, the density limits specified by the Comprehensive Plan take precedence and this change would be a clarification of rather than a change to the city's existing policy. l) Amend the City Code to remove the mention of detached single-family residential developments from the R-8 district's intent statement, remove twin homes and their associated standards from the R-l2 district's list of permitted uses, and clariff the RLM district's intent statement. 2) Amend the City Code to add single-family home and their associated standards to the R-8 district and add twin homes to the R-l2 district's intent statement and clarifi the RLM district's intent statement. Staff recommends Altemative I which will establish uses for the zoning districts that align with their minimum required densities and clarifi the language within the intent statements. The proposed amendments would read as follows: DIVISION I. - -RLM'RESIDENTI-AL LOW AND MEDIUM DENSITY DISTRICT Sec.20-641. - Intent. The intent of the "RLM" District is to provide for single-family attached or detached residential development on land guided residentialJow or medium density in the city's comprehensive plan wfth . The "RLM" District is intended to be used where large areas of upland will be preserved or created as permanent open space to balance the higher lot coverage permitted on individual lots. DMSION 2. - "R-8'MIXED MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 20-651. - Intent. The intent of the "R-8" District is to provide for single-family Cetaehe4er attached and multifamily residential development at a maximum net density of eight dwelling units per acre. DTVISION l. - "R-12. DISTRICT Sec.20-671. - Intent. The intent ofthe "R-12" District is to provide for townhouses and multifamily residential structures at a maximum density of 12 dwelling units per acre. (Ord. No. 80, Art. V, $ 8(5-8-1), l2-15-86) Sec.20-672. - Permitted uses. The following uses are permitted in an "R-12" District: (1) Townhouseq-sre-familydrrellingB and multifamily dwellings. ALTERNATIYES RECOMMENDATION RLM, R-8 and R-I2 Intent and Uses March2,2021 Page 6 (2) Public and private parks and open space. (3) Utility services. (4) Antennas as regulated by article X)O( of this chapter. (5) Adult day care, subject to the requirements of section 20-966. (6) Continuing care retirement facility, subject to the requirements of section 20-965. Sec. 20-675. - Lot requirements and setbacks. The following minimum requirements shall be observed in an "R-12" District subject to additional requirements, exceptions and modifications set forth in this chapter: (l) The minimum lot area is as follows: it. a. For a townhouse or multifamily dwelling, 3,600 square feet per dwelling unit. (2) The minimum lot frontage is as follows: in€' a. If a townhouse or multiple-family project is located on the lot, 150 feet. (3) The minimum lot depth is 155 feet. (4) The maximum lot coverage is 35 percent. (5) The setbacks are as follows; a. For front yards,25 feet. b. For rear yards, 25 feet. c. For side yards, ten feet. (6) The maximum height is as follows: a. For the principal structure, three storieV35 feet. b. For accessory structures, one story/I5 feet. sr\plra\.ity c.d.Uo2l U02 | -02 i cnt $rtcmcnls - d[| r-8 ad r-l2\is.srlc paF - rtm rt rl2 intctn.do.x CITY OT CIIANHASSXN Chanhassen is a Community for Life - Providing for Today and Planning for Tomonow MEMORANDUM TO Planning Commission MacKenzie Young-Walters, Associate Planner March2,202l Plat Recording Timeline FROM: DATE: SUBJ: PROPOSED MOTION: "The Chanhassen Planning Commission recommends that the City Council adopt the proposed ordinance amending Chapters 18 conceming plat recording." ISSUE The city's subdivision ordinance requires that final plats and metes and bounds subdivisions be recorded within 30 days ofapproval; however, due to circumstances beyond the applicant's control this is not always possible. The current language in the Subdivision Ordinance mandates that final plats and metes and bounds subdivisions be recorded with the Comty Recorder Office within 30 days after receiving City Council approval. Failure of the applicant to comply with this timeline is listed as cause for revoking the city's approval. Often, multiple issues arise that are beyond the control of the applicant, property owner or city, and these issues make meeting the 30{ay deadline impossible. In practice, the city does not act to revoke the approval when these issues arrive, due to the understanding that extenuating circumstances happen. That being said, a timeline is required in order to prevent developers from deliberately delaying recording an approved suMivision to artificially maintain a lower property tax valuation. Staff proposes to balance these considerations by extending the timeline to record a plat from 30 days to 120 days, which would make it consistent with the recording timelines established for other recorded documents under the City Code. Failure to meet that deadline would void the approval unless a request for time extension is submitted in writing and approved by the City Council. I/OO MARKET EOULEVARO . PO BOX ]4T.CHANHASSEN .MINNESOTA 55317 SUMMARY PH 952.227.1100. www.ci.chanhassen.mn.us. FX 952.227.1110 Plat Recording Timeline March2,2021 Page 2 Sec. 18-37(c) - This section establishes a 30-day timeline for recording metes and bounds suMivisions. Sec. l84l(e) - This section establishes a 30-day timeline for recording final plats. Sec. 20-30 - This section establishes a 120-day timeline for recording variances, conditional use permits, interim use permits, site plans, wetland alteration permits, and mining permits. It also allows the City Council to approve extensions to the 120day timeline. ANALYSI Many items approved by the City Council and Planning Commission need to be recorded with the county. Examples of these documents are variances, conditional and interim use permits, site plans, wetland alteration permits, mining permits, and plats. All of these items alter how a piece of property can be used or, in the case ofplats, create new parcels. In order to ensure that projects move forward in a timely manner and that time sensitive conditions of approval can be met, the city requires that most of these items be recorded within 120 days ofbeing approved; however, suMivision approvals, i.e. final plats and metes and bounds, are subject to a 30-day timeline. The rationale behind a shorter timeline for suMivision approvals is that dividing one parcel into multiple parcels can have sigrrificant property tax implications. Typically the total values of the divided lots is higher than the value of the original undivided lot. ffis can create an incentive for develop€rs to delay recording until the last possible moment in order to minimize their property taxes. Since it is in the city's interest to ensure that property is taxed at its actual value and that subdivisions with their associated infrastructure and public improvements move forward in a timely manner, a 30day timeline was established. While the rationale behind wanting to require prompt filing makes sense, experience has shown that there are often circumstances that arise beyond anyone's control that render the 30-day timeline untenable. Many different entities are involved in the recording process including the city, the city's attomey, the applicant's attomey, county recorder, banks, and, in some instances, neighbhoring property owners. Any ofthese organizations can discover issues that delay the recording ofa plat. For example, a bank or title company may express concem over issues with documentation from a previous mortgage recorded against the property. In some cases, individuals have passed during the subdivision process and delays associated with probates oftice have created difficulties. Any ofthese or other unforeseen complications can cause significant delays and prevent the applicant from meeting the 30-day requirement. In practice, the city does not typically choose to revoke approval after the 30-day period passes; however, the City Code does not establish a process for extending the deadline. Given the frequency with which applicant's exceed the 30-day period, staff believes it would make sense to extend the deadline to 120 days and allow for the applicant to request an extension from the City RELEVANT CITY CODE Plat Recording Timeline March2,2021 Page 3 Council in cases where the 120-day period is untenable. This timeline and extension policy would be consistent with how other approvals are treated, and would still accomplish the city's goal of ensuring the prompt recording of approved suMivisions. ALTERNATIVES I ) No action. The city can choose not to revoke the approval in cases where there is good reason for the delay, and the 30-day rule encourages a prompt filing. 2) Amend the City Code to allow applicants 120 days to record and allow for applicants to request an extension in extenuating circumstances. Staff recommends Alternative 2 which will establish the same timeline and extension procedures for all recorded documents. The proposed amendments would read as follows: Sec. 18-37. - Exemption. (c) Upon approval ofan administrative or metes and bounds subdivision, the city shall notifr the applicant of the approval and within 30 120 days thereafter the applicant or the city attomey shall file the documents with the county recorder and fumish the city evidence of such recording. Failure to comply shall be cause for revoking the city's approval, unless a request for an extension is submitted in writing and approved by the City Council, Sec. 18-41. - Final plat-Generally. (e) Upon approval of the final plat by the city council, the city shall notiff the applicant of the approval and within 30 120 days thereafter, the applicant or the city attomey shall file the final plat with the county recorder and fumish the city evidence of such recording. Failure of the applicant to comply shall be cause for revoking the city's approval, unless a request for an extension is submitted in writing and approved by the City Council g:Vlan\ciry c.deUo2l U02l {3 6nal plat recording timeline\issue paperlrlat rccording.docx RECOMMENDATION CITY COUNCIL STAFF REPORT Monday, March 22, 2021 Subject Resolution No. 2021­XX: Accept Bids and Award Contract for the 2021 Sealcoat Project Section CONSENT AGENDA Item No: D.6. Prepared By Erik Henricksen, Project Engineer File No: Project No. 2021­04 PROPOSED MOTION “The City Council adopts a resolution accepting bids and awarding a contract for the 2021 Sealcoat Project to Allied Blacktop Company for roadway sealcoating in the amount of $49,670.00.” Approval requires a Simple Majority Vote of members present. BACKGROUND Annually, the city has completed a sealcoat project to extend the life of its streets.  The Pavement Management Program identified the streets in the project for maintenance this year.  Staff visited each street to visually review the pavement condition and confirm sealcoating is required. DISCUSSION A sealcoat program is a cost­effective tool to protect the capital asset of a street and extend the life of the street system. Sealcoating is the application of asphalt emulsion (oil) followed immediately with an aggregate cover (rock). Sealcoating of streets is beneficial because it: Can delay or eliminate further aging of pavement due to water and sun Seals the surface to provide a moisture barrier Fills in raveled pavement areas Seals smaller cracks temporarily or permanently Performs minor leveling Restores surface friction to improve wheel grip Economically prolongs the life of existing pavements It is estimated that a sealcoat application extends the life of pavement from three to six years at a fraction of the cost of street rehabilitations or reconstructions. As such, it is more cost effective to sealcoat roadways when fewer pavement distresses are present versus letting the pavement deteriorate until major, costly rehabilitation or reconstruction projects are required. BIDS RECIEVED City staff solicited bids by advertising in the local newspaper and QuestCDN three weeks prior to the bid opening.  CITY COUNCIL STAFF REPORTMonday, March 22, 2021SubjectResolution No. 2021­XX: Accept Bids and Award Contract for the 2021 Sealcoat ProjectSectionCONSENT AGENDA Item No: D.6.Prepared By Erik Henricksen, Project Engineer File No: Project No. 2021­04PROPOSED MOTION“The City Council adopts a resolution accepting bids and awarding a contract for the 2021 Sealcoat Project toAllied Blacktop Company for roadway sealcoating in the amount of $49,670.00.”Approval requires a Simple Majority Vote of members present.BACKGROUNDAnnually, the city has completed a sealcoat project to extend the life of its streets.  The Pavement ManagementProgram identified the streets in the project for maintenance this year.  Staff visited each street to visually review thepavement condition and confirm sealcoating is required.DISCUSSIONA sealcoat program is a cost­effective tool to protect the capital asset of a street and extend the life of the streetsystem. Sealcoating is the application of asphalt emulsion (oil) followed immediately with an aggregate cover (rock).Sealcoating of streets is beneficial because it:Can delay or eliminate further aging of pavement due to water and sunSeals the surface to provide a moisture barrierFills in raveled pavement areasSeals smaller cracks temporarily or permanentlyPerforms minor levelingRestores surface friction to improve wheel gripEconomically prolongs the life of existing pavementsIt is estimated that a sealcoat application extends the life of pavement from three to six years at a fraction of the cost ofstreet rehabilitations or reconstructions. As such, it is more cost effective to sealcoat roadways when fewer pavementdistresses are present versus letting the pavement deteriorate until major, costly rehabilitation or reconstructionprojects are required.BIDS RECIEVED City staff solicited bids by advertising in the local newspaper and QuestCDN three weeks prior to the bid opening.  On March 4, 2021, two bids were received for the 2021 Sealcoat Project No. 21­04.  Bid amounts for the project are shown below: Bidder Bid Total Allied Blacktop Company* $49,670.00 Pearson Bros., Inc.$97,930.00 Engineer's Estimate $64,100.00 *Indicates low grand total bidder Allied Blacktop Company has completed previous projects in the City of Chanhassen.  Their past work has been acceptable. Sealcoating activities will tentatively start this summer for streets. City staff will send out notifications to all affected property owners prior to work commencing.  This project was budgeted for 2021 in the CIP Pavement Management Program (ST­018).  Beyond sealcoating, the funds in this budget item are used for many pavement related items such as pothole patching, trails and parking lots, in­ house pavement maintenance, pavement markings, bridges and ADA improvements.  Due to the competing needs of this fund, our annual appropriation for sealcoating was reduced in 2021 to a budget of $70,000. ATTACHMENTS: Resolution CIP Sheet Seal Coat Map Bid Tabulation and Comparison ­ All Bidders Bid Tabulation and Comparison ­ Low Bidder CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: March 22, 2021 RESOLUTION NO: 2021-XX MOTION BY: SECONDED BY: A RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR THE 2021 SEALCOAT PROJECT NO. 21-04 WHEREAS, pursuant to an advertisement for bids for the 2021 Sealcoat Project, two bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Total Bid Allied Blacktop Company* $49,670.00 Pearson Bros., Inc. $97,930.00 *Indicates low bidder AND WHEREAS, it appears that Allied Blacktop Company is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Allied Blacktop Company in the name of the City of Chanhassen for the 2021 Sealcoat Project No. 21-04 according to the plans and specifications on file in the office of the City Engineer. 2. The City Engineer is hereby authorized to administratively approve change orders to the contract up to the amount allowed by the City’s Purchasing Policy. 3. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained unto a contract has been signed. Passed and adopted by the Chanhassen City Council this 22nd day of March, 2021. ATTEST: Laurie Hokkanen, City Manager Elise Ryan, Mayor YES NO ABSENT ³CH±"F) "F) Lake Virginia Christmas Lake Lotus Lake Brendan Pond Lake Harrison Kerber Pond Lake Susan Rice Marsh Lake Lake Riley Rice Lake Lake St. Joe Lake Minnewashta Lake Ann Lake Lucy Minnewashta Regional Park Lake Ann ParkChanhassen Nature Preserve Chanhassen Nature Preserve Lake Ann Park Preserve ST101 ST117 ST101 ST101 ST62 ST15 ST82 ST18 ST15 ST15 ST1 ST61 ST14 ST17 ST10 ST18 ST14 ST17 ST61 ST14 ST69 ST61 +,212 +,212 +,212 ?A@7 ?A@7 ?A@41 ?A@101 ?A@41 ?A@5 ?A@41 ?A@41 ?A@5 ?A@5 µK:\Departments\Engineering\SealCoat Map\SealCoat Map\SealCoat Map.aprx Date: 2/3/20212021 Seal Coat Project 0 7,0003,500 Feet Sealcoat 2021 Lotus Lake Pleasant View Preserve North Lotus Lake Park Carver Beach Park Merry Pl Napa D r Blaze TrlOxbowBendTr apli neCi r Fox Hill DrLakePt Ind ian H i l l RdNavajo DrMohawk DrT ra p p ersPassOxbowBendCarver Beach RdTi m b e r Hi l l RdFox Holl o w D rSummit C ir PleasantViewRd MountainWay H o rs e s hoe Curve Lotus TrlPleasan t V iew Rd µK:\Departments\Engineering\SealCoat Map\SealCoat Map\SealCoat Map.aprx Date: 2/3/20212021 Seal Coat Project Map 1 0 800400 Feet Sealcoat 2021 Lotus Lake Lotus Lake Dakota C ir Pheasant Ci r QuailCirTwi nMapleLn MapleLeafDr Lotus View Dr K u r v er s Pt Rd Fr o nt i erTrlHomesteadCir Valley View RdBruleCirSandy H o o k RdDeerfieldTrlGreenRdgDrTartan CurveChanhassen RdW 192nd AveDakota AveCheyenneTrlSandy Hook CirChoctawCir Chanhassen RdW 192nd AveµK:\Departments\Engineering\SealCoat Map\SealCoat Map\SealCoat Map.aprx Date: 2/3/20212021 Seal Coat Project Colonial Grove 0 800400 Feet Sealcoat 2021 Avgerage Average Item Description Estimated Unit Total Unit Total Unit Total Unit Total #Quantity Units Price Price Price Price Price Price Price Price 1 MNDOT 2356.506 CRS-2P BITUMINOUS MATERIAL FOR SEALCOAT 7000 GAL $1.80 $12,600.00 $0.94 $6,580.00 $2.99 $20,930.00 $1.97 $13,755.00 2 MNDOT 2356.506 FA-2 MODIFIED 1/8" CLASS A DRESSER (TRAP ROCK) 26000 SY $1.50 $39,000.00 $1.34 $34,840.00 $2.00 $52,000.00 $1.67 $43,420.00 3 CRACKSEALING MATERIAL 5000 LB $2.50 $12,500.00 $1.65 $8,250.00 $5.00 $25,000.00 $3.33 $16,625.00 TOTALS $64,100.00 $49,670.00 $97,930.00 $73,800.00 2021 Sealcoat Project No. 21-04 Bid Tabulation and Comparison Engineer's Estimate Allied Blacktop Co. Pearson Bros., Inc. Apparent Low Bid Apparent 2nd Low Prepared by Henricksen, Erik 3/9/2021 Page 1 2021 Sealcoat Project No. 21-04 Close Up Comparison for:Allied Blacktop Co. Engineer's Estimate Avgerage Average Difference From Average Bid Item Description Estimated Unit Total Unit Total Unit Total Unit Price Total Price Unit Price Total Price #Quantity Units Price Price Price Price Price Price $ $ % $ $ % 1 MNDOT 2356.506 CRS-2P BITUMINOUS MATERIAL FOR SEALCOAT 7000 GAL $1.80 $12,600.00 $1.97 $13,755.00 $0.94 $6,580.00 -$0.86 -$6,020.00 -47.8% -$1.03 -$7,175.00 -52.2% 2 MNDOT 2356.506 FA-2 MODIFIED 1/8" CLASS A DRESSER (TRAP ROCK) 26000 SY $1.50 $39,000.00 $1.67 $43,420.00 $1.34 $34,840.00 -$0.16 -$4,160.00 -10.7% -$0.33 -$8,580.00 -19.8% 3 CRACKSEALING MATERIAL 5000 LB $2.50 $12,500.00 $3.33 $16,625.00 $1.65 $8,250.00 -$0.85 -$4,250.00 -34.0% -$1.68 -$8,375.00 -50.4% TOTALS $64,100.00 $73,800.00 $49,670.00 -$14,430.00 -22.5% -$24,130.00 -32.7% Difference from Engr EstimateAllied Blacktop Co. Prepared by Henricksen, Erik 3/9/2021 Page 1 CITY COUNCIL STAFF REPORT Monday, March 22, 2021 Subject Award Contract for Pothole Patching Section CONSENT AGENDA Item No: D.7. Prepared By Charlie Howley, Public Works Director/City Engineer File No: CIP ST­018 PROPOSED MOTION “The City Council approves a Not­To­Exceed Contract of $50,000 to Northwest Asphalt, Inc. for 2021 pothole patching.” Approval requires a Simple Majority Vote of members present. SUMMARY Every year, the City must perform pothole patching on our bituminous streets as a maintenance activity in order to provide a level of service expected by our citizens and other traveling public.  The amount of patching work is directly proportional to the Overall Condition Index (OCI) of our street network. BACKGROUND The Streets Division of the Public Works Department solicited quotes for a daily rate for performing pothole patching based on completing repairs on the streets as shown on the attached map.  Two (2) quotes were returned, as summarized below.  Northwest Asphalt was the low quote. Contractor Quote Northwest Asphalt $ 5,480/Day + $100/Ton of Mix Bituminous Roadways    $ 6,280/Day + $150/Ton of Mix DISCUSSION The use of a contractor to supplement the City's self­performed pothole patching work was begun last year, with great cost effectiveness and timeliness of completion.  Last year, we had a goal of completing all pothole patching work by August 15, and by utilizing contractor services for some of the high profile areas, along with favorable weather, we vastly exceeded our schedule goal and were done by the end of June. Northwest Asphalt was the contractor we utilized last year and they performed the services to our satisfaction. CITY COUNCIL STAFF REPORTMonday, March 22, 2021SubjectAward Contract for Pothole PatchingSectionCONSENT AGENDA Item No: D.7.Prepared By Charlie Howley, Public WorksDirector/City Engineer File No: CIP ST­018PROPOSED MOTION“The City Council approves a Not­To­Exceed Contract of $50,000 to Northwest Asphalt, Inc. for 2021 potholepatching.”Approval requires a Simple Majority Vote of members present.SUMMARYEvery year, the City must perform pothole patching on our bituminous streets as a maintenance activity in order toprovide a level of service expected by our citizens and other traveling public.  The amount of patching work is directlyproportional to the Overall Condition Index (OCI) of our street network.BACKGROUNDThe Streets Division of the Public Works Department solicited quotes for a daily rate for performing pothole patchingbased on completing repairs on the streets as shown on the attached map.  Two (2) quotes were returned, assummarized below.  Northwest Asphalt was the low quote.Contractor QuoteNorthwest Asphalt $ 5,480/Day + $100/Ton of MixBituminous Roadways    $ 6,280/Day + $150/Ton of MixDISCUSSIONThe use of a contractor to supplement the City's self­performed pothole patching work was begun last year, with greatcost effectiveness and timeliness of completion.  Last year, we had a goal of completing all pothole patching work byAugust 15, and by utilizing contractor services for some of the high profile areas, along with favorable weather, wevastly exceeded our schedule goal and were done by the end of June. Northwest Asphalt was the contractor we utilized last year and they performed the services to our satisfaction. RECOMMENDATION Staff recommends awarding the 2021 pothole patching contract to Northwest Asphalt, Inc. ATTACHMENTS: Project Map CIP Sheet Contract "F)³CH ±"F) ST117 ST101 ST101 ST15 ST17 ST18 ST14 ST17 ST61 +,212 +,169 +,212 +,212 +,169 ?A@101 ?A@101 ?A@7 ?A@7 ?A@41 ?A@5 ?A@41 ?A@7 ?A@41 ?A@41 ?A@5 ?A@5 ³CH ±City Hall "F)Fire Station Pothole Patching Railroad Rivers Lakes Parks Parcel Boundaries C i t y o f C h a n h a s s e n 2021 Pothole Patching Contract Areas µ0 4,000Feet 0 0.5Mile Document Path: K:\Departments\PW\Streets\Maintenance\PotholePatching\2021\PotholePatchingMap2021_11x17.mxdDate Created: 1/27/2021Created By: City of Chanhassen - Engineering Department Capital Improvement Program City of Chanhassen, MN Contact Charlie Howley 2021 2025thru Department Street Improvements Description This program includes annual pavement maintenance activities such as crack sealing, seal-coating, pothole patching, replacement of curb and gutter and sidewalk repairs for City streets. Also included in this project are trails and City parking lot rehabilitations. Seal-coat projects will be determined annually based on the pavement condition index as generated by the pavement management program. The street department uses this funding source to pay for bituminous material for annual street patching. Project #ST-018 Priority n/a Justification This will provide a centralized funding mechanism that will help reduce the effect on General Fund operating expenditures. Budget Impact/Other Useful Life 7-10yearsProjectNamePavementManagementProgramCategoryStreets/Highways Type Maintenance Account #2 Account #1 420-0000-4751 Total Project Cost:$5,784,000 Account #4 Account #3 Total20212022202320242025Expenditures 1,765,000353,000 353,000 353,000 353,000 353,000Maintenance 353,000 353,000 353,000 353,000 353,000 1,765,000Total Prior 4,019,000 Total Total20212022202320242025FundingSources 1,765,000353,000 353,000 353,000 353,000 353,000TaxLevy 353,000 353,000 353,000 353,000 353,000 1,765,000Total Prior 4,019,000 Total 104 1 G:\ENG\Contracts\Pothole Patching\2021\Contract-Chanhassen-NW Asphalt-2021 Pothole Patching.docx FORM OF AGREEMENT BETWEEN CITY OF CHANHASSEN AND CONTRACTOR FOR 2021 POTHOLE PATCHING THIS AGREEMENT, made this ______ day of March, 2021, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (“Owner”) and NORTHWEST ASPHALT, INC. (“Contractor”). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents”, all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement; B. Request for quotes, email dated February 17, 2021; C. City of Chanhassen General Conditions of the Construction Contract; D. Current edition of City of Chanhassen Standard Specifications & Detail Plates. E. Quote/Bid dated March 8, 2021; Attached hereto as EXHIBIT A. In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document “A” having the first priority and Contract Document “E” having the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents. 3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents a Not-To-Exceed amount of Fifty Thousand and 00/100 dollars ($50,000.00). 4. PAYMENT PROCEDURES. A. Contractor shall submit Applications for Payment. Applications for Payment will be processed by Engineer as provided in the General Conditions. B. Progress Payments; Retainage. Owner shall make 95% progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work. 2 G:\ENG\Contracts\Pothole Patching\2021\Contract-Chanhassen-NW Asphalt-2021 Pothole Patching.docx C. Payments to Subcontractor. (1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1 ½ percent per month or any part of a month to the Subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. (2) Form IC-134 (attached) required from general contractor. Minn. Stat. § 290.92 requires that the City of Chanhassen obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. D. Final Payment. Upon final completion of the Work, Owner shall pay the remainder of the Contract Price as recommended by Engineer. 5. COMPLETION DATE. A. The Work must be completed and completed and ready for final payment in accordance with the General Conditions by July 30, 2021. 6. CONTRACTOR’S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. 3 G:\ENG\Contracts\Pothole Patching\2021\Contract-Chanhassen-NW Asphalt-2021 Pothole Patching.docx D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the site. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. Subcontracts: 4 G:\ENG\Contracts\Pothole Patching\2021\Contract-Chanhassen-NW Asphalt-2021 Pothole Patching.docx (1) Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the Owner. (2) The Contractor is responsible to the Owner for the acts and omissions of the Contractor's subcontractors, and of their direct and indirect employees, to the same extent as the Contractor is responsible for the acts and omissions of the Contractor's employees. (3) The Contract Documents shall not be construed as creating any contractual relation between the Owner, the Engineer, and any Subcontractor. (4) The Contractor shall bind every Subcontractor by the terms of the Contract Documents. 7. WORKER’S COMPENSATION. The Contractor shall obtain and maintain for the duration of this Contract, statutory Worker’s Compensation Insurance and Employer’s Liability Insurance as required under the laws of the State of Minnesota. 8. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract, with the City included as an additional name insured on a primary and non- contributory basis. The Contractor shall furnish the City a certificate of insurance satisfactory to the City evidencing the required coverage: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Contractual Liability (identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal Injury, with Employment Exclusion deleted: $2,000,000 aggregate Comprehensive Automobile Liability (owned, non-owned, hired): 5 G:\ENG\Contracts\Pothole Patching\2021\Contract-Chanhassen-NW Asphalt-2021 Pothole Patching.docx Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence 9. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the quote shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship, materials, and equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. 10. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless from any claim made by third parties as a result of the services performed by it. In addition, the Contractor shall reimburse the City for any cost of reasonable attorney’s fees it may incur as a result of any such claims. 11. MISCELLANEOUS. A. Terms used in this Agreement have the meanings stated in the General Conditions. B. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. C. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. D. Data Practices/Records. (1) All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. 6 G:\ENG\Contracts\Pothole Patching\2021\Contract-Chanhassen-NW Asphalt-2021 Pothole Patching.docx (2) All books, records, documents and accounting procedures and practices to the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. E. Software License. If the equipment provided by the Contractor pursuant to this Contract contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. F. Patented devices, materials and processes. If the Contract requires, or the Contractor desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the Owner. If no such agreement is made or filed as noted, the Contractor shall indemnify and hold harmless the Owner from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the Project agreed to be performed under the Contract, and shall indemnify and defend the Owner for any costs, liability, expenses and attorney's fees that result from any such infringement G. Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. H. Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. I. Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Carver County. J. Severability. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Contract, unless such invalid or 7 G:\ENG\Contracts\Pothole Patching\2021\Contract-Chanhassen-NW Asphalt-2021 Pothole Patching.docx unenforceable provision, term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties’ entire contract. K. Entire Agreement. This Contract represents the entire agreement of the parties and is a final, complete and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. L. Permits and Licenses; Rights-of-Way and Easements. The Contractor shall procure all permits and licenses, pay all charges and fees therefore, and give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights-of- way and easements. The Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City’s not timely obtaining rights-of-way or easements. M. If the work is delayed or the sequencing of work is altered because of the action or inaction of the Owner, the Contractor shall be allowed a time extension to complete the work but shall not be entitled to any other compensation. CITY OF CHANHASSEN CONTRACTOR: BY: BY: Elise Ryan, Mayor Its __________________ BY: Laurie Hokkanen, City Manager EXHIBIT "A" CITY COUNCIL STAFF REPORT Monday, March 22, 2021 Subject Recreation Center Capital Improvement Wall Replacement Section CONSENT AGENDA Item No: D.8. Prepared By Jodi Sarles, Recreation Center Manager File No:  PROPOSED MOTION “The City Council approves the attached proposal from Hufcor in the amount of $67,600 to replace Recreation Center meeting room walls." Approval requires a Simple Majority Vote of members present. SUMMARY Replacement of the Recreation Center moveable meeting room walls is included in the 2021 Capital Improvement Program. Staff sent out three requests and has received two proposals to review. BACKGROUND The Recreation Center moveable walls in the four community meeting rooms are original to the facility. These walls allow the Rec Center to be multi­purpose, providing functional community space for small or large gatherings depending on event needs. The current Modernfold Wall System was installed in 1995 when the Recreation Center opened. Over the course of 26 years, the walls have been moved daily. The seals, tracks, wallcovering, and inner mechanisms are failing, causing the soundproofing to fail as well. This creates a hardship to both customers and staff. Multiple service calls are required annually to maintain current operations.     The CIP Budget  of $80,000 has been allocated for the Recreation Center Wall replacement. Staff contacted three companies to submit proposals; Acoustic Associates, Hufcor, and W.L. Hall Company. W.L. Hall and Hufcor submitted the attached quotes; Acoustic Associates elected not to submit a quote.   The scope of the project includes removal and disposal of existing walls and replacement of the three walls with a minimum of 50 STC (Sound Transmission Class rating) soundproofing, replacement of tracks, and reconstruction of the soffits. RECOMMENDATION Staff recommends accepting the proposal from Hufcor in the amount of $67,600 to fully replace the current walls with a Hufcor 600 series system  (STC rating of 52) and soffit repair. CITY COUNCIL STAFF REPORTMonday, March 22, 2021SubjectRecreation Center Capital Improvement Wall ReplacementSectionCONSENT AGENDA Item No: D.8.Prepared By Jodi Sarles, Recreation Center Manager File No: PROPOSED MOTION“The City Council approves the attached proposal from Hufcor in the amount of $67,600 to replace RecreationCenter meeting room walls."Approval requires a Simple Majority Vote of members present.SUMMARYReplacement of the Recreation Center moveable meeting room walls is included in the 2021 Capital ImprovementProgram. Staff sent out three requests and has received two proposals to review.BACKGROUNDThe Recreation Center moveable walls in the four community meeting rooms are original to the facility. These wallsallow the Rec Center to be multi­purpose, providing functional community space for small or large gatheringsdepending on event needs. The current Modernfold Wall System was installed in 1995 when the Recreation Centeropened.Over the course of 26 years, the walls have been moved daily. The seals, tracks, wallcovering, and inner mechanismsare failing, causing the soundproofing to fail as well. This creates a hardship to both customers and staff. Multipleservice calls are required annually to maintain current operations.    The CIP Budget  of $80,000 has been allocated for the Recreation Center Wall replacement. Staff contacted threecompanies to submit proposals; Acoustic Associates, Hufcor, and W.L. Hall Company. W.L. Hall and Hufcorsubmitted the attached quotes; Acoustic Associates elected not to submit a quote.  The scope of the project includes removal and disposal of existing walls and replacement of the three walls with aminimum of 50 STC (Sound Transmission Class rating) soundproofing, replacement of tracks, and reconstruction ofthe soffits.RECOMMENDATION Staff recommends accepting the proposal from Hufcor in the amount of $67,600 to fully replace the current walls with a Hufcor 600 series system  (STC rating of 52) and soffit repair. ATTACHMENTS: Hufcor Proposal WL Hall Proposal 6188 OLSON MEMORIAL HIGHWAY GOLDEN VALLEY, MN 55422 (763) 544 0365 www.hufcor.com PROPOSAL l CHANHASSEN RECREATION CENTER Date-2/25/2021 l 2310 COULTER BLVD l CHANHASSEN , MN 55317 l JODIE SARLES W e propose to furnish material and labor for the sum of..................................$67,600.00 This proposal is valid for a period of (30) Thirty Days Reference:NEW HUFCOR 600 SERIES PAIRED SYSTEM W ITH A 52 STC - TRACK INCLUDED SCOPE:HUFCOR TO REMOVE CURRENT PANELS AND TRACK HUFCOR TO OPEN UP SOFFIT TO ACCESS TRACK HUFCOR TO INSTALL NEW TRACK HUFCOR TO REPAIR SOFFIT HUFCOR TO INSTALL NEW 600 SERIES PANELS HUFCOR TO DISPOSE OF OLD SYSTEM NOTE: Any Additional Repairs or Materials Required will be Quoted Separately. Payment due upon completion of work. All taxes now or hereafter levied by any federal, state or local authority upon the sale of any of the for-going products to be paid for by the purchaser. Sincerely, BOB SIMONETTE CUSTOMER APPROVAL NAME - PRINTED CUSTOMER APPROVAL NAME - SIGNED December 7, 2020 To: Chanhassen Rec Center. Project: Chanhassen Rec Center ATTN: Jodi Sarles Location: Chanhassen, MN OPERABLE WALL SYSTEMS FURNISH AND INSTALL: Two (2) 40’- 8” x 9’- 11” Modernfold Acousti-Seal 932 paired panel operable wall with Moderndolf standard vinyl finish, STC 50, manual bottom seals, #17 track system, two pass doors andexpandable closure. One (1) 45’- 3” x 9’- 11” Modernfold Acousti-Seal 932 paired panel operable wall with Moderndolf standard vinyl finish, STC 50, manual bottom seals, #17 track system, and expandable closure. FOR THE SUM OF: ------------------------------------------------------------$ 70,583.00  NOTE: Bid includes installation of materials supplied by W.L. Hall  NOTE: Bid includes MN state and local sales tax.  NOTE: Bid does not warranty the capacity of the structure.  NOTE: Bid includes dumpster on site for removal of operable wall panels.  NOTE: Bid includes demo and removal of the 3 existing operable walls.  NOTE: Bid does not include rebuilding the gyp soffit. THE ABOVE PRICE DOES NOT INCLUDE: Overhead support, pre-punching beams, miscellaneous steel, support blocking, plenum closures, any ceiling or soffit work, storage, bonds, permits, dumpsters. F. O. B. JOBSITE Terms: NET 30 DAYS This proposal expires 30 days from date hereof and is subject on acceptance to approval of our credit department. Andrew Zabowski W. L. HALL COMPANY CITY COUNCIL STAFF REPORT Monday, March 22, 2021 Subject Approve Agreement with McGrath Consulting Group, Inc. for Compensation Analysis Section CONSENT AGENDA Item No: D.9. Prepared By Jake Foster, Assistant City Manager File No:  PROPOSED MOTION “The City Council approves the agreement with McGrath Consulting Group, Inc. to complete a comprehensive compensation analysis and report for the City of Chanhassen.” Approval requires a Simple Majority Vote of members present. BACKGROUND It is considered best practice for cities to perform a complete compensation analysis every two to five years.  The last time the City of Chanhassen completed a compensation analysis was 2016.  As part of the 2021 budgeting process, City Council approved $25,000 in funding for a comprehensive compensation analysis to be completed in 2021. The City issued a Request for Proposals (RFP) for the facilitation of a comprehensive analysis on February 9, 2021, and accepted proposals until February 26, 2021 at 4:00 PM.  The City received three proposals, and a message from a consultant who was not able to submit a proposal due to workload constraints.  A staff committee evaluated the proposals and selected McGrath Consulting Group, Inc. as the preferred consultant.  The proposal from McGrath Consulting Group, Inc. and the service agreement are attached for reference.  The cost of the proposed services is $23,102. RECOMMENDATION Staff recommends that the City Council approve the attached agreement with McGrath Consulting Group, Inc. ATTACHMENTS: 2021 McGrath Consulting Group Comp Proposal 2021 Chan McGrath Consulting Group Service Agreement Professional Proposal Prepared for the City of Chanhassen, Minnesota Classification and Compensation System Study Submitted By: McGrath Human Resources Group Dr. Victoria McGrath, CEO victoriaphd@mcgrathconsulting.com 815.728.9111 Proposal Deadline: February 26, 2021 4:00 p.m. CST City of Chanhassen, Minnesota - Classification and Compensation System Study 2 | P a g e February 24, 2021 Jake Foster Assistant City Manager 7700 Market Boulevard Chanhassen, MN 55317 Dear Jake Foster: Thank you for the opportunity to submit our qualifications to become your business partner to conduct a comprehensive Classification and Compensation System Study for the City of Chanhassen, Minnesota. McGrath Human Resources Group provides human resources consulting services primarily for the public sector, with emphasis on compensation studies. While utilizing objective methodologies and best practices, we take the time to understand your compensation philosophy, organizational culture, and the vision you have for your community, and integrate these components into a practical, sustainable, and compliant comprehensive compensation program built specifically for the City of Chanhassen. We also have a great understanding of the issues public sector entities are facing, as our consulting team is comprised of professionals with prior work experience in local government. Detailed information regarding our firm, consultants, deliverables, methodology, and other required information are presented within this proposal. We accept the terms and scope of the project as listed i n the Request for Proposal. To ensure timely submission, this proposal is current as of February 24, 2021. I am happy to discuss any changes or modifications needed due to addendums that were published after this date. All conditions contained in the attached proposal are valid for a minimum of 90 days from February 26, 2021. I am the authorized individual to contractually bind the Firm. As you review the proposal, if you have any questions or require additional information, please do not hesitate to ask. We look forward to the opportunity to work with the City of Chanhassen and its employees on this important project. Sincerely, Victoria J. McGrath, Ph.D., CEO 815.728.9111 (office) 815.307.2781 (direct) victoriaphd@mcgrathconsulting.com City of Chanhassen, Minnesota - Classification and Compensation System Study 3 | P a g e City of Chanhassen, Minnesota - Classification and Compensation System Study 4 | P a g e PROPOSAL RATE SHEET .......................................................................................................... 5 Date of Submission ................................................................................................................ 5 Name of Consultant Submitting Proposal ............................................................................... 5 Project Breakdown with Concrete Timeline Dates .................................................................. 5 COVID-19 Modifications to Our Site Visit Plans ................................................................................................... 6 Proposal ................................................................................................................................ 6 Firm Introduction ...........................................................................................................................6 Project Experience .........................................................................................................................8 Project Team Members ..................................................................................................................9 References ................................................................................................................................... 11 Scope of Services ......................................................................................................................... 15 Project Deliverables ........................................................................................................................................... 15 Methods and Procedures ............................................................................................................. 16 1. Project Orientation ................................................................................................................................... 16 2. Compensation Analysis Phase .................................................................................................................. 16 3. Classification Analysis (Job Evaluation) Phase .......................................................................................... 17 4. McGrath 360Comp™ Integration .............................................................................................................. 18 5. Compensation Systems Update/Development ........................................................................................ 19 6. Finalization ............................................................................................................................................... 19 7. Communication ........................................................................................................................................ 20 8. Ongoing Support ....................................................................................................................................... 20 9. Performance Evaluation ........................................................................................................................... 20 10. Job Descriptions ........................................................................................................................................ 21 Rates ................................................................................................................................... 21 Payment Invoicing ....................................................................................................................... 22 Terms of Payment ........................................................................................................................ 22 Additional/Optional Services ........................................................................................................ 22 Outcomes ............................................................................................................................ 22 Future Help Possibilities ....................................................................................................... 23 Submitted By ....................................................................................................................... 24 Table 1: Proposed Project Schedule ......................................................................................................... 5 City of Chanhassen, Minnesota - Classification and Compensation System Study 5 | P a g e PROPOSAL RATE SHEET Date of Submission February 23, 2021 Name of Consultant Submitting Proposal McGrath Human Resources Group Dr. Victoria J. McGrath, CEO Project Breakdown with Concrete Timeline Dates McGrath Human Resources Group takes pride in meeting its time commitments. We acknowledge the City’s goal to have this project completed by May 1, 2021 and we do our best to meet the timeframe needs of our clients. The timeliness of the market data collection is heavily dependent upon the workload and staffing of the comparable organizations we are asking to participate, and COVID has caused noticeable delays in survey participation/timely responses this past year. With all those factors in mind, there are defined milestones throughout the process where we will be sharing information about where the City stands in relation to the comparable market and can give preliminary budget numbers before the entire project is complete and presented. The consulting team is prepared to start the project immediately. Therefore, we recommend the following: Table 1: Proposed Project Schedule Activity Month 1 Month 2 Month 3 Month 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Project planning meeting to cover introduction, provide data and document request, project scheduling, communication plan Project Kickoff meetings with identified stakeholders for informational meetings and discuss compensation philosophy, needs analysis  Performance Evaluation system review Data Collection and Position Questionnaire distribution/ collection City of Chanhassen, Minnesota - Classification and Compensation System Study 6 | P a g e Activity Month 1 Month 2 Month 3 Month 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Market Data Survey and Analysis Job Description Review/ Job Audit / Point Factoring / Internal Analysis Review Market Survey Findings with City  Update or redevelop Compensation Systems Update Performance Evaluation Tools Review Draft Plan and Provide Implementation/Cost Calculations ⬧ Finalize Position Placements, Employee Placement, and Implementation Options/Cost Calculations. Draft Reports for City review Pay Equity Test Finalize Reports Presentation of Recommendations Job Description Updates Implementation Support / Training ONGOING  Indicates major milestones This timeline will be adjusted based on the agreed upon Project Initiation date. There are factors that impact this schedule that may be out of the control of the consultants. The proposed time frame is contingent upon timely receipt of data from the City, timely participation from external comparable organizations; and timely receipt of information and/or feedback from the City. This is monitored by the consulting team and communicated with the City on an ongoing basis. COVID-19 Modifications to Our Site Visit Plans We understand the concern and uncertainty, as well as resource re-allocation challenges you may be experiencing around the evolving situation, and we are committed to being responsive and flexible to meet our customers' needs. We are adhering to CDC recommendations as well as national and state orders regarding social distancing, travel recommendations, protective gear, etc. We can accommodate onsite or remote site visits, with fluid scheduling as conditions change. Proposal Firm Introduction Located in Wonder Lake, Illinois, McGrath Consulting Group, Inc. was started in 2000, and specializes in public sector consulting predominately in the fields of human resource management and public safety (fire, EMS, police, and communications). The principals of the Firm have over 50 years of combined professional public sector experience. Our Firm has over 20 professional consultants who are assigned to projects based upon their professional background and skillset they bring to each client. City of Chanhassen, Minnesota - Classification and Compensation System Study 7 | P a g e McGrath Human Resources Group is the Human Resources Division overseen by Dr. Victoria McGrath. Since 2000, McGrath has conducted hundreds of comprehensive compensation and classification studies nationwide. We also provide related human resources consulting which includes but is not limited to benefit analysis, job description development, HR Audits, performance management program development, training, policy development, operational studies, and staffing studies. Our Human Resources team is also involved in organizational studies related to public safety. This is important because we have found that having professional expertise in public safety is beneficial in public sector compensation studies to better address the unique laws and best practices these professions add to most public-sector compensation systems. Why should you choose McGrath Human Resources Group for your project? We do not ask you to adapt to an off-the-shelf solution. ❖ Even in municipalities that appear to be similar, each entity has unique qualities, culture a nd needs. ❖ We work hard to understand your goals, fiscal realities, and compensation history so we can offer practical and sustainable options for a compensation system that addresses your needs while holding to best practices to maintain validity and compliance in the system. We specialize in and understand public employment and local municipalities. ❖ We specialize in public sector consulting; thus, we are in a unique position to understand and work with your stakeholders to make a sound investment that w ill benefit the City. ❖ Our consulting team is comprised of individuals with previous local government experience. ❖ An investment in your employee’s compensation plan is an investment in your community, and we recognize the investment you are making is with taxpayer dollars. Our long history brings a unique breadth of experience. ❖ We have experience with the development of innovative or traditional approaches, with the knowledge of climates where those approaches usually succeed to help us tailor the best system for you. ❖ We spend the time to foster a partnership with our clients by pursuing a depth of understanding of your philosophy, culture, challenges and successes so the synergy outcome provides a compensation system that makes sense philosophically and fiscally for your organization. We are successful. ❖ In our 21st year in business, with over 400 clients in 37 states, we are proud that 99% of our projects have been fully adopted and implemented. City of Chanhassen, Minnesota - Classification and Compensation System Study 8 | P a g e ❖ Our success stems from sound principles and best practices throughout our work and the relationships we build through honest and transparent communication from the beginning of the project through the adoption, implementation, and follow-through. Project Experience McGrath primarily works with public-sector organizations including counties, cities, villages, townships, districts, and even State agencies. The following is a portion of our prior government project experience: Barron County, WI Codington County, SD Bluffton Township Fire District, SC College Township, PA Burnett County, WI County of Delaware, PA Centre Region of Government, PA Cy Fair Volunteer Fire Department, TX Centre Region Solid Waste Authority, PA Dodge County, WI Chippewa County, WI Douglas County, WI City of Alcoa, TN Eau Claire County, WI City of Arlington, WA Everett Roehl Marshfield Public Library, WI City of Aspen, CO Ferguson Township, PA City of Beloit, WI Fox River Water Reclamation District, IL City of Burlington, WA Franklin School District, WI City of Carthage, MO Geary County, KS City of Clayton, MO Greene County EMS, TN City of Crossville, TN Harris Township, PA City of Denison, TX Kansas Sentencing Commission, KS City of Des Peres, MP Kent County, MI City of Dodge City, KS Maine Township, IL City of Durango, CO Manhattan Library, KS City of Durant, OK Marion County, KS City of Eau Claire Library, WI Older People's Commission, MI City of Eau Claire, WI Patton Township, PA City of Edwardsville, KS Pitkin County, CO City of Fayetteville, NC Portage County, WI City of Fulshear, TX Pueblo City-County Library District, CO City of Gallatin, TN Reno County, KS City of Garden City, KS Riley County Police Department, KS City of Hamilton, OH Riley County, KS City of Huber Heights, OH Rochester Avon Recreation Authority, MI City of Huntington, WV Somerset School District, WI City of Huntsville, TX South Lyons Township Sanitary District, IL City of Kechi, KS South Snohomish County Fire & Rescue Authority, WA City of Kirkwood, MO Spring Benner Walker Joint Authority, PA City of La Pine, OR St. Croix County, WI City of Lawrence, KS Sumner County, TN City of Chanhassen, Minnesota - Classification and Compensation System Study 9 | P a g e City of Manhattan, KS Town of Avon, IN City of Marshfield, WI Town of Berwyn Heights, MD City of Marysville, WA Town of Delavan, IL City of McPherson, KS Town of Greeneville, TN City of Mexico, MO Town of Riverdale Park, MD City of New Berlin, WI Town of Syracuse, IN City of Northfield, MN Utah County, UT City of Oak Harbor, WA Village of Cary, IL City of Oak Ridge, TN Village of Glen Ellyn, IL City of Paducah, KY Village of Lake in the Hills, IL City of Park Ridge, IL Village of Mount Pleasant, WI City of Platte. MO Village of North Aurora, IL City of Rochester Hills, MI Village of Oak Park, IL City of Salina, KS Village of Parkridge, IL City of Sheridan, WY Village of Riverside, IL City of Sherwood, OR Village of South Elgin, IL City of St. Charles, MO Village of Theresa, WI City of Stayton, OR Village of Vernon Hills, IL City of Watertown, SD Village of Wilmette, IL City of Woodstock, IL Village of Winfield, IL Clearfield City, UT Winnebago County, WI Wisconsin Employee Trust Funds, WI Project Team Members All project partners are McGrath Consultants. The Firm does not use any outside subcontractors/partners for this project. The McGrath consultants were selected for this project based upon their areas of expertise, specialties, and related project experience. We operate under the philosophy of total team involvement and each team member has experience in all facets of project work and will work together to meet the goals of your project. Further, we have the flexibility to involve other consultants with our organization to bring their unique perspective and expertise as needed. Primary members of the team and project responsibilities are provided. City of Chanhassen, Minnesota - Classification and Compensation System Study 10 | P a g e Principal: A principal of the company is actively involved in every project and is accountable for the project. This position will have authority over the contract and to bind the Firm. Project Manager: This role has project oversight, will coordinate all work with the consulting team, will have routine communication with the City’s project designee, and will be involved in all aspects of the project’s activities, and will be responsible for ensuring the Classification and Compensation System meets legal standards. Consultant: This team of consultants will work on various project activities, which will include communication documents, interviews, job description review, job analysis, market data collection and analysis, pay plan review, classification system development, compensation system development, costing, and drafting reports Advisor: This role has specific subject matter expertise that may be called upon for additional consultation for the consulting team when appropriate. VICTORIA McGRATH, Ph.D., SPHR Chief Executive Officer and Project Manager Dr. Victoria McGrath has been involved with every compensation project performed by the firm. She has an extensive background in the field of human resources, predominately in the public sector. She also has experience in the private sector having worked in health care, banking, and education. She brings over 19 years of practitioner experience in all phases of human resources prior to her years as a consultant. Dr. McGrath has extensive knowledge in classification and compensation studies, policy and procedure development, and compliance and best practice reviews. Her consulting experience Dr. Victoria McGrath Principal Project Manager Malayna Halvorson Maes Senior Consultant Michelle Lach Senior Consultant Dr. Tim McGrath Public Safety Advisor City of Chanhassen, Minnesota - Classification and Compensation System Study 11 | P a g e also includes education in human resources higher education, leadership training, organizational development, operational and process reviews of public sector organizations, performance management, executive recruitment, and management studies for local governments throughout the United States. She is also an adjunct professor in areas such as human resources, organizational development, management, and research at Northwestern University for the Master’s in Public Policy Administration Program. AREA OF EXPERTISE  Compensation  FLSA/Compliance  Human Resources  Training/Education  Performance Management  Communications EDUCATION  Ph.D. – Municipal Government as a Learning Organization, University of Wisconsin – Milwaukee, WI  Master of Science – Management, Cardinal Stritch College, WI  Bachelor of Science – Industrial Relations & Finance, University of Wisconsin – Milwaukee, WI PROFESSIONAL AFFILIATIONS  Society for Human Resources Management  Illinois Public Employer Labor Relations Association  National Public Employer Labor Relations Association  International City/County Manager Association 2019-2020 SAMPLE PROJECT EXPERIENCE  City of Northfield, MN – Compensation Study- Pay Equity Testing  Durango, CO - Compensation and Classification Study  Lawrence, KS – Compensation and Classification Study  Dodge County, WI - Performance Mgmt.  Delaware County, PA – Total Compensation and Classification Study  State of WI Department of Employee Trust Fund - Classification Study  Rochester Hills, MI - Performance Mgmt.  Hamilton, OH – Compensation and Classification Study  St. Croix County, WI – Compensation Market Update  Greenville, TN - Compensation and Classification Study  Lake in the Hills, IL – Compensation and Classification Study  Augusta, GA – Labor/Management Study MALAYNA HALVORSON MAES Senior Consultant City of Chanhassen, Minnesota - Classification and Compensation System Study 12 | P a g e Ms. Maes provides overall project management and analytical skill to compensation and benefits studies and other human resources related projects and comes with over 15 years of professional human resources experience at the county level, in addition to private sector experience. Ms. Maes has been with the Firm for seven (7) years and has substantial experience in conducting classification and compensation studies, benefits analysis, market research, policy and procedure development, and compliance and best practice reviews. Her consulting experience also includes operational and process reviews for public sector organizations, performance management, audits, executive recruitment, and management studies for local governments. She is currently working on obtaining her CCP Certification. EDUCATION  Bachelor of Arts– Psychology, Luther College, Decorah, IA PROFESSIONAL AFFILIATIONS  Society for Human Resources Management  National Public Employer Labor Relations Association  World at Work, Total Rewards Association 2019-2020 SAMPLE PROJECT EXPERIENCE  Pueblo City/County Public Library, CO - Compensation and Classification Study  Dodge City, KS – Market Update  Auburn Police Dept., WA – Turnover Study  Garden City, KS - Compensation and Classification Study  McPherson, KS - Total Compensation and Classification Study  Dodge County, WI – Total Compensation and Classification Study & Job Descriptions  Watertown, SD - Compensation and Classification Study & Job Descriptions  Clayton, MO –Total Compensation Market Update  Village of Niles, IL – HR Audit and Performance Management  Village of Mount Pleasant, WI - Compensation Market Update & Job Descriptions  Older Persons Commission, MI - Compensation, Classification, and Organizational Study & Job Descriptions  City of Woodstock, IL - Compensation and Classification Study & Job Descriptions  Everett Roehl Public Library, WI - Compensation and Classification Study  Crossville TN - Compensation and Classification Study MICHELLE LACH Senior Analyst Consultant Ms. Lach provides critical research and analytical skills to our compensation and benefits studies. Ms. Lach had nine (9) years of professional human resources experience and has been with the Firm for fifteen (15) years. Her experience with the Firm includes the development of employee handbooks and job descriptions, but now works exclusively with compensation and benefit survey designs and execution, and market research. These critical responsibilities include obtaining, compiling, and analyzing complex data and other information for projects, and supporting the project manager as needed. City of Chanhassen, Minnesota - Classification and Compensation System Study 11 | P a g e EDUCATION  Bachelor of Arts– Communication and Organizational Development, Bowling Green State University, KY SKILLSET  Research  Data Analysis  Communications 2019-2020 SAMPLE PROJECT EXPERIENCE  Dodge County, WI – Total Compensation and Classification Study  Watertown, SD - Compensation and Classification Study  Denison, TX – Compensation Study  Durant, OK – Compensation and Classification Study  Garden City, KS - Compensation and Classification Study  Huber Heights - Total Compensation and Classification Study  Lawrence, KS – Compensation Market Update  St. Croix County, WI – Compensation Market Update  Village of Mount Pleasant, WI - Compensation Market Update  City of Woodstock, IL - Compensation and Classification Study  Everett Roehl Public Library, WI - Compensation and Classification Study  Crossville TN - Compensation and Classification Study  McPherson, KS - Total Compensation and Classification Study  Durango, CO - Compensation and Classification Study PUBLIC SAFETY ADVISORS McGrath Human Resources will partner with the parent company – McGrath Consulting Group in the areas of public safety, as needed. Dr. Tim McGrath has over 30 years of experience in fire, EMS, communications and emergency management. Dr. McGrath is on staff to assist in any issues or concerns that need to be addressed in public safety. References Below are a sample of recent compensation studies either within the region and/or are similar to your project who also serve as references that involve the proposed consulting team. Additional client names, projects and locations are viewable on our website at www.mcgrathhumanresources.com and their contact information will be provided upon request. Client Name Description Consultant City of Northfield, MN Contact: Michelle Mahowald Title: Human Resources Director Comprehensive compensation schedule of union and non-union positions was developed into one (1) Victoria McGrath Malayna Halvorson Maes Michelle Lach City of Chanhassen, Minnesota – Classification and Compensation System Study 11 | P a g e Client Name Description Consultant Phone: 507-645-3012 Email: michelle.mahowald@ci.northfield.mn. us classification system, and job descriptions were updated. Compensation system had to be compliant with the State of Minnesota’s Pay Equity Act. Northfield is in the Minneapolis-St. Paul metropolitan area. Dodge County, WI Contact: Sarah Hinze Title: Human Resources Director Phone: 920-386-3692 Email: shinze@co.dodge.wi.us Comprehensive compensation schedule was developed with benefit recommendations for 250+ non-union job classifications, inclusive of a skilled nursing facility. Implementation is expected in 2021 due to COVID delays. Job descriptions were developed for all classifications and a new performance evaluation process is currently under development. Victoria McGrath Malayna Halvorson Maes Michelle Lach Delaware County, PA Contact: Amy Nardi Title: Wage & Salary Administrator Phone:610-891-5134 Email: nardia@co.delaware.pa.us A new comprehensive classification and compensation system was developed for 600+ union and non- union classifications. This project included external market, job analysis, internal comparability, and a comprehensive analysis of benefits for total compensation. Implementation is expected in 2nd quarter 2021 due to COVID impacts. Delaware County is located in the Philadelphia, PA metro area. Victoria McGrath Malayna Halvorson Maes Michelle Lach City of Lawrence, KS Attn: Lori Carnahan Title: Human Resources Manager Phone: 785-832-3203 Email: Lcarnahan@lawrenceks.org Completed an external market analysis for all union and non-union position. Created a new compensation system for all non- union positions. Rehired in 2020 to develop a point factor system to align with the new compensation system; develop a market strategy for the 2021 budget; update the compensation system; and conduct an external market analysis for upcoming contract negotiations. Victoria McGrath Michelle Lach City of Marysville, WA Contact: Gloria Hirashima Conducted a compensation study for all non-union positions. Victoria McGrath Michelle Lach City of Chanhassen, Minnesota – Classification and Compensation System Study 12 | P a g e Client Name Description Consultant Title: Chief Administrative Officer Phone: 360-363-8000 Email: ghirashima@marysvillewa.gov Contracted to complete a similar study for all union positions in 2019. City of Clayton, MO Contact: Janet Watson Title: Finance and Administration Director Phone: 314-290-8445 Email: jwatson@claytonmo.gov Comprehensive compensation analysis of all positions within the City. Created a system that placed positions to lead the market. Utilization of an employee committee for review and approval of all comparable data. Rehired to develop job descriptions. Comprehensive Market update conducted in 2019. Clayton is in the St. Louis metropolitan region. Victoria McGrath Malayna Halvorson Maes Michelle Lach City of Garden City, KS Contact: Allie Medina Title: Human Resources Director Phone: 620-276-1175 Email: Allie.Medina@gardencityks.us Completed a comprehensive compensation study for all positions, including public safety in 2020. Implementation of new System occurred in January 2021. Malayna Halvorson Maes Michelle Lach City of Dodge City, KS Contact: Ernestor De La Rosa Title: Assistant City Manager Phone: 620-225-8100 Email: Ernestord@dodgecity.org Completed a comprehensive compensation study for all positions, with continued support with public safety salary schedules in 2020. Malayna Halvorson Maes Michelle Lach City of Watertown, SD Contact: Jillaine Pfeifle Title: Human Resources Director Phone: 605-882-6203 Email: jpfeifle@watertownsd.us Conducted comprehensive compensation analysis of all union and non-union positions within the City ~120 positions in 2019. Included the development of separate salary schedules for police, fire, AFSCME, and non-union – however, keeping internal equity and compression issues in line. Updated job descriptions in 2020. Malayna Halvorson Maes Michelle Lach City of Oak Ridge, TN Contact: Mark Watson Title: City Manager Phone: 865-425-3550 Email: mwatson@oakridgetn.gov Comprehensive compensation schedules for all City positions were developed in 2017, and development of job descriptions for approximately 190 positions. All Departments, including Police, Fire, and Public Works, and Electric were included. Victoria McGrath Malayna Halvorson Maes Michelle Lach City of Chanhassen, Minnesota – Classification and Compensation System Study 13 | P a g e Client Name Description Consultant Town of Greeneville, TN Contact: Patsy Fuller Title: Human Resources Director Phone: 423-639-7105 Email: Pfuller@greenevilletn.gov Developed a compensation system in 2020 for all employees within the Town. Victoria McGrath Michelle Lach City of Alcoa, TN Contact: Melissa Thompson Title: Human Resources Director Phone: 855-380-4753 Email: mthompson@cityofalcoa.tn.gov Completed a comprehensive compensation study for all employees. Project was completed in March 2020, and due to COVID, has been put on hold for implementation until the City’s fiscal health is determined. Victoria McGrath Michelle Lach Burnett County, WI Contact: Nathan Ehalt Title: County Administrator Phone: 715-349-2181 Email: nehalt@burnettcounty.org Comprehensive compensation schedule was updated in 2019 based upon market updates and implemented new internal comparability indicators into existing Schedule. Adoption of updates occurred in 2020. Malayna Halvorson Maes Michelle Lach Barron County, WI Contact: Rachel Richie Title: Human Resources Director Phone: 715-537-6825 Email: rachael.richie@co.barron.wi.us Conducted Performance Evaluation training for supervisors in 2016. Rehired in 2017 to develop new compensation system for approximately 300 job titles. Rehired in 2020 to complete job description updates and develop point factoring process. Victoria McGrath Malayna Halvorson Maes Michelle Lach Douglas County, WI Contact: Linda Corbin Title: Human Resources Manager Phone: 715-395-1429 Email: Linda.Corbin@douglascountywi.org Comprehensive compensation schedule was updated in a multi- phase process between 2017 and 2018 based upon market updates and implemented new internal comparability indicators into existing Schedule. Malayna Halvorson Maes Michelle Lach St. Croix County, WI Contact: Tara Davies-Fox Title: Human Resource Director Phone: 715-337-5816 Email: tarra.davies-fox@sccwi.gov Comprehensive compensation analysis of all positions within the County and consolidating numerous salary schedules into two separate salary systems with approximately 400 job titles, inclusive of a skilled nursing facility. Shortly after the start of the project, the human resources director left, and the project was completed working with Victoria McGrath Michelle Lach City of Chanhassen, Minnesota – Classification and Compensation System Study 14 | P a g e Client Name Description Consultant two HR Generalists. In 2019 we completed an update to the compensation plan. This County is in the Minneapolis-St. Paul metropolitan region. Village of Mount Pleasant, WI Contact: Carol Thiel Title: Human Resources Director Phone: 262-664-7838 Email: cthiel@mtpleasant.wi.gov Comprehensive compensation schedule was updated in 2019 based upon market updates and organizational restructuring resulting in significant position adjustments. Job Descriptions were also developed in 2019. Malayna Halvorson Maes Michelle Lach City of Marshfield, WI Contact: Jennifer Rachu Title: Human Resources Director Phone: 715-349-2181 Email: Jennifer.Rachu@ci.marshfield.wi.us Comprehensive compensation study in 2018 for non-union employees, and compensation recommendations for Police and Fire (union) for collective bargaining purposes. Conducted a Compensation Study for the City Library in 2019 to align with the general City Compensation System. Malayna Halvorson Maes Michelle Lach Clearfield City, UT Contact: Summer Palmer Title: Assistant City Manager Phone: 801-525-2701 Email: summer.palmer@clearfieldcity.org Comprehensive compensation study for all full and part-time positions within the City ~150 positions. Special emphasis on recruitment of police officers which entailed creating a separate schedule toward the end of the study and re- researching market data on police officer salaries as market conditions showed a sudden shift mid-study. Clearfield City is in the Salt Lake City metropolitan area. Rehired in 2019 to update the salary schedule. Ongoing position updates and regrades contracted. Victoria McGrath Michelle Lach City of Kirkwood, MO Contact: Georgia Ragland Title: Assistant Chief Administrative Officer Phone: 314-822-5809 Email: raglangl@kirkwoodmo.org The comprehensive compensation schedule of union and non-union positions was developed into three (3) classification systems in 2018. Approximately 110 positions. Kirkwood is in the St. Louis metropolitan region. Malayna Halvorson Maes Michelle Lach City of Chanhassen, Minnesota – Classification and Compensation System Study 15 | P a g e Client Name Description Consultant Pueblo City-County Library District, CO Contact: Terri Daly Title: Human Resources Manager Phone: 719-562-5632 Email: terri.daly@pueblolibrary.org Updated the compensation plan for all positions within the library in 2020. Malayna Halvorson Maes Michelle Lach Scope of Services Project Deliverables We tailor our projects to meet the needs and unique structure and culture of your organization, with the principles of collaboration, communication and transparency in mind while developing a sound work plan with identified deliverables. With this in mind, the following is our proposed deliverables for this project: Classification System ❖ Obtain information on each job title/position for a job evaluation through department meetings, job descriptions, position description questionnaires, and optional employee interviews/desk audits. ❖ Define and update or redevelop the City’s classification system. ❖ Develop career progression opportunities, when supported. ❖ Establish internal equity among positions within the City through a job evaluation point factor process. ❖ Develop current, or update job descriptions with a City approved and legally compliant template. ❖ Analyze positions against Fair Labor Standards Act to confirm or update appropriate exemption designations. Compensation System ❖ Guide the City in confirming your pay philosophy including your desired position in the market. ❖ Obtain and establish benchmark compensation data from the external market through a survey of mutually identified, comparable entities. ❖ Complete an analysis of the existing salary schedule and progression through the system to identify existing issues to be addressed during project. ❖ Complete a compression analysis and develop strategies to address during the update and implementation of the compensation system, if problematic. ❖ Integrate the data from the external market, internal market, and job evaluation to develop a comprehensive compensation system by updating your current schedule or designing a new salary schedule to align with your compensation philosophy. ❖ Ensure the recommended Classification and Compensation System meets all legal requirements for Pay Equity. City of Chanhassen, Minnesota – Classification and Compensation System Study 16 | P a g e Support and Communications ❖ Provide a cost estimate and implementation options based on the City’s fiscal abilities. ❖ Review and recommend compensation policy and procedure changes that will assure consistent implementation and application of comp ensation. ❖ Provide a plan for the City to provide on-going maintenance of the system independently. ❖ Provide final reports and a presentation to elected officials, and others as desired. ❖ Support implementation of approved compensation system. Methods and Procedures After reviewing your request, we propose utilizing our McGrath 360Comp™ process. Our methodology and approach are characterized by a systematic, logical series of tasks aimed at assuring thoroughness, consistency, and objectivity. The proposal steps can be discussed and adjusted to meet the projects needs for the City of Chanhassen. 1. Project Orientation Immediately upon completion of the services contract, the consultants will communicate with the City’s project designee to provide a list of documents and data needed to begin the project and schedule the project kickoff site visit (virtual or in person). During the first visit, the consultants meet with the project oversight team and all Department Directors to: ❖ Explore your organization’s current compensation system and compensation philosophy. ❖ Gain an understanding of the goals, values and structure of the overall organization. ❖ Gather information for each individual department including any unique responsibilities associated with positions, strengths and weaknesses of the current system, or issues with recruitment/retention. ❖ Identify comparable organizations and benchmark positions for the compensation survey. ❖ Review provided documents and data. ❖ Determine project communication expectations and strategies, project timeline, and identifiable milestones. ❖ (Optional) Conduct introductory employee meeting to explain the process of a compensation study, introduce the consulting team, expected process, describe the general outcome of the Study, and other related topics as desired by the City. 2. Compensation Analysis Phase External Market Survey. McGrath consultants will prepare and conduct a tailored compensation special pay, and benefits survey specifically for this project. Data will be solicited for benchmarked positions and analyzed to determine the organization’s relative position in the comparable market both on the whole as well as by job classifications. City of Chanhassen, Minnesota – Classification and Compensation System Study 17 | P a g e Establishing Comparable Organizations. A list of public sectors comparable organizations will be developed cooperatively between the City and the consulting team. Criteria for comparable organizations include entities within the region, organizations of similar size, popul ation, services, etc. For a few positions, comparables may be more far-reaching due to specialized skills or department director level positions. The goal is to establish a comprehensive list of organizations that are similar in scope and/or in job responsibilities with whom the organization is competing to attract and retain employees. The City will have input into the list and must approve the list of comparables prior to starting the external market survey. Benchmarking. We do not desire to restrict the number of benchmarked positions, but at the same time, do not want the survey to be so burdensome as to prohibit it s completion by the participants. We will attempt to obtain data on as many of the City’s classifications as possible. Salary Data Analysis. When data is received through the market survey, the consultants will analyze the salary data and identify any trends or areas of concern regarding the City’s current salary as compared to the Market. The market survey collects minimum, midpoint, ma ximum, and incumbent salary information for each benchmark position; and other data points as needed. A statistical analysis is conducted on each dataset to ensure consistent and objective analysis. The outcome is then calculated into a ratio between the market and the City to measure the City’s alignment against the market. Current Salary Schedule Analysis/Pay/Compression Analysis. We will examine the status of your current compensation system. We analyze the structures, special pays, and conduct a compression analysis and incumbent pay analysis. Not only will this analysis give guidance to the consultants for compensation and implementation recommendations, but it will also provide information to the City regarding overtime, promotional and retention opportunities, and internal equity. Compensation-Related Policy Review. The consultants will review your compensation-related policies for compliance and best practices. We will make recommendations for policy updates or considerations that impact the City. 3. Classification Analysis (Job Evaluation) Phase Position Questionnaire. Shortly after the first site visit, the McGrath 360Comp™ Position Questionnaire (PQ) will be provided to the City for distribution. This is a standardized tool used to analyze each position on identified factors. A sample PQ has been provided. This job analysis process is critical not only for internal equity, but also the establishment of a standardized process to establish pay equity between positions . The McGrath 360Comp™ Position Questionnaire (PQ) is a standardized tool used to analyze each position on identified factors. We have designed our PQ specifically for use in public sector organizations. This Questionnaire will be completed on all job titles for purposes of: City of Chanhassen, Minnesota – Classification and Compensation System Study 18 | P a g e ❖ Expounding upon information provided in job descriptions to accommodate factors included in a formal job evaluation plan. ❖ Evaluating position responsibilities regarding necessary competencies, experience, education, finances, judgement, decision-making and other expectations which provide value to the City. ❖ Clarifying instances where statements in the existing job descriptions are vague or absent. ❖ Updating job descriptions. ❖ Reviewing FLSA exemption status. Job Analysis. We use the point factor system to complete the position classification analysis for each City position. We go beyond the typical “Knowledge, Skills and Abilities” (KSA’s) and explore factors that are unique to public sector positions including the following aspects of a job: ❖ Records, Reports and Programs ❖ Complexity and Judgment ❖ Impact of Decisions and Consequents of Errors ❖ Confidential Data ❖ Contact with Others (both inside and outside the organization) ❖ Stress (degree of mental or emotional fatigue or stress inherent to the job) ❖ Equipment, Machines and Tools ❖ Technology ❖ Budget, Financial, and Cash Handling ❖ Leadership and Supervisory Responsibilities ❖ Education, Experience, Licensure/Certifications ❖ Work Environment and Physical Requirements From this process, the current classification system can be updated, as needed. The point factor system for job analysis is teachable, so our clients can continue to use this methodology on their own should they choose. Compensation systems are more likely to be kept up-to-date and relevant which extends the lifecycle of a plan with this tool. 4. McGrath 360Comp™ Integration Findings and Recommendations. Upon completion of the market survey analysis and the job analysis, the consultants will make a site visit (virtual or in person) to: ❖ Confirm the recommended compensation philosophy. ❖ Discuss the data obtained and share the findings and trends found in the analysis as it compares to the current Compensation System. ❖ Discuss the future compensation and classification system. ❖ Discuss the tie between the compensation system and performance. The consultants will make recommendations based on our observations and experience with input from the City regarding previous experiences with a specific system, unique positions that might lend themselves better to one system over another, and City administration’s professional opinions on which system is more sustainable for the organization moving forward. After this meeting, the direction for the future Classification and Compensation System will be finalized . City of Chanhassen, Minnesota – Classification and Compensation System Study 19 | P a g e 5. Compensation Systems Update/Development City Input. Once the System is updated or redeveloped, the consultants will meet with appropriate City personnel to review the draft Compensation System. This third site visit will include meetings with a representative of Human Resources and each Department Director to review placements within the Compensation System to identify any concerns prior to finalization. This provides an opportunity to discuss any changes in placement in the current system and/or ensure proper placement if the Systems are redesigned. Fiscal Impact/Implementation Strategy. The consultants will have developed the initial detailed fiscal impact of the Compensation Systems for this meeting. The consultants will present implementation strategy options that fit the fiscal needs, culture, and compensation philosophy of the City. While some entities can fully implement the compensation system immediately, some clients have utilized a phased approach. We will work with the City to assure that any phased approach fits with best practices and your fiscal realities. Compliance. The Compensation Systems will then be tested for compliance with the State of Minnesota’s pay equity law. 6. Finalization Content of Work Product. Upon finalization of the project, the City will receive the Compensation System and fiscal impact documents in Excel format for the City to maintain/integrate going forward. The City will also receive final reports, described below. A sample report has also been provided. Keep in mind, the recommendations in the report may not be indicative of recommendations for the City of Chanhassen. Draft and Final Report Preparation. McGrath Human Resources typically develops the following electronic reports for your reproduction and use for varying audiences: 1. Compensation Policy/Procedure Manual for Administration/Human Resources - This report details: a. Study methodology and findings. b. Recommended compensation structure modifications. c. Recommended position title, classification specification or career progression changes. d. Recommendations for the performance evaluation system/process. e. Fiscal impact and implementation strategies. f. Policies and procedure modifications or to adopt to administer and maintain the system in-house going forward. 2. Executive Summary Report for governing body and public distribution as appropriate. City of Chanhassen, Minnesota – Classification and Compensation System Study 20 | P a g e 3. Union Summary Report specific to positions within collective bargaining agreements for distribution as appropriate. These reports will first be provided to City Administration in draft form to allow for feedback before the reports are placed into final form and provided electronically. 7. Communication Presentation of Findings to. The cost of the Study includes a presentation to the City Council as well as administration, department leadership and bargaining units as coordinated by the City. Introduction to Employees. As shared throughout the project steps, there are many opportunities to engage all levels of staff in the study’s processes, which is discussed at the onset of the project. Each client has different requests for employee communication during the proje ct and implementation. We are prepared to develop and delive r information to the depth, and in the manner, you prefer and offer guidance and recommendations. We prepare correspondence and notices tailored to our client, whether for written, verbal or electronic presentation. 8. Ongoing Support Implementation Support. McGrath Human Resources Consultants will continue to work with your organization throughout the implementation of the compensation system at no additional cost. Ongoing Maintenance and Training. McGrath Human Resources believes in providing our clients with the tools to be able to manage their Compensation System as independently as our clients’ desire. In addition to policy recommendations, we provide to manage the Compensation System, we offer to teach you the tools needed to maintain the Compensation Plan in -house going forward, if desired. Some clients prefer that McGrath Human Resources continue as the source to resolve current and future pay grade placements rather than in-house. This can be done for a nominal fee depending upon the time involved in the placement. Whether it is done by McGrath Human Resources or the City will be at the discretion of the City. 9. Performance Evaluation At the onset of the project, the current performance evaluation forms and process will be reviewed to provide recommendations for updates. If the City desires a redevelopment of the performance management process, we recommend a process to offer elected official, supervisor, City of Chanhassen, Minnesota – Classification and Compensation System Study 21 | P a g e and employee feedback to have a stronger buy-in to a revised performance appraisal process and can work with designees from the City to develop a new process. Training for supervisors on updates processes and performance management best practices is crucial to successful performance management. McGrath can also develop a training module developed based on the individual needs of the organization. Employee training on the performance evaluation process is also recommended for success. 10. Job Descriptions Although the classification updates will be determined during the Study, a fter approval of the compensation plan, position titles and pay ranges will be confirmed and available for the revising and rewriting of job descriptions. The Firm can either update the current job descriptions in their current format, or the Firm can completely rewrite all job descriptions with a tailored yet standardized and compliant format to meet the needs and desires of your organization. Recommendations on FLSA exemption designations will also be provided to the City. Any descriptions that are updated will be submitted to the City in draft form and one edit is included in the price before being turned over to the City as final. A sample job description has been provided. Rates By submission of the proposal, McGrath Human Resources Group shows its intention to accept and contract with the City of Chanhassen. McGrath Human Resources sets project fees based on the total project. Therefore, the fees listed below include all consulting professional fees, administrative costs, and other cost, excluding travel. Comprehensive Compensation Study NOT TO EXCEED $30,787 Compensation Philosophy and Needs Assessment* $ 5,376 Job Analysis/Internal Analysis/Classification System* $ 7,376 Market Survey and Compensation System Development* $ 8,000 Performance Evaluation Review $ 2,350 Job Descriptions $ 7,685 For a maximum of 53 job titles. $150 per job title above 53 job titles *These projects will not be contracted as independent projects. Price may be by milestone, but it will be considered one project. Hourly Rates: Dr. Victoria McGrath = $200 per hour Malayna Halverson Maes = $160 per hour City of Chanhassen, Minnesota – Classification and Compensation System Study 22 | P a g e Chanhassen Staff Assistance Should the City prefer, the collection of market data from the comparables may be completed by designated staff for the City and turned over to the consulting team for analysis. This will result in a cost savings of $3,500. Travel Typically, travel is included in the total cost; however, since in-person site visits may not be feasible due to COVID, travel expenses will be billed separately – if incurred. This would be limited to airfare, mileage/car rental, hotel and dinner for a maximum of two (2) consultants. We prefer not to charge you for expenses that may not occur. At the time of the contract, we can establish a not-to-exceed amount for travel once we have identified the number of anticipated on-site visits. Payment Invoicing Payment for the Compensation study ($23,102) would be divided into three payments: $5,000 at the start of the project; $12,102 upon submission of the draft report; and the balance with any travel expenses upon submission of the final report. Payment for the Job Description project ($7,685) will be paid in two installments: $2,000 upon the start of the project; the balance $5,685 upon submission of the draft job descriptions. Terms of Payment All invoices are due within 30 days of receipt. Proposal cost is good for a minimum of 90 days from February 26, 2021. Dr. Victoria McGrath is the individual with th e authority to negotiate and contractually bind McGrath Human Resources in any type of negotiations and contracts. Additional/Optional Services In most compensation studies, there are areas that must be addressed that are not planned for. In the 20 years McGrath Consulting Group, Inc., has been in business, it has never increased the agreed upon price and will address these areas. In the event the work is so beyond the scope of the original project, the Consultant will work with the City to either bill the service at an hourly rate, plus travel fees; or determine a fixed price. However, no work will begin until an agreement with the City has been approved. Outcomes The City will receive the following with the cost of the Study: 1. Updated Classification and Compensation Systems that include classification updates and are aligned with the market and the City’s compensation philosophy. These will be provided in editable Excel format that have been tested for compliance with the Minnesota Pay Equity Act prior to finalization. 2. Fiscal impact documents, broken down per employee, in editable Excel format. 3. Policy and Procedures Manual including: a. Study methodology and findings. City of Chanhassen, Minnesota – Classification and Compensation System Study 23 | P a g e b. Recommended compensation structure modifications. c. Recommended position title, classification specification or career progression changes. d. Recommendations for the performance evaluation system/process. e. Implementation strategies. f. Policies and procedure modifications or to adopt to administer and maintain the system in-house going forward. 4. Executive Report which summarizes the project for public distribution. 5. Union Summary Report (if desired) which summarizes the position recommendations per bargaining unit. 6. Updated job descriptions with FLSA designations, whether in current format or new a format, as determined by the City. These will be provided in editable Word format. 7. Written recommendations for the City’s performance evaluation tools. Updating the performance evaluation system may be completed, if included in the final scope of the project. 8. Communication/Presentation documents/visuals for the project introduction and completion, based on audience. 9. Ongoing support from the consulting team during implementation via phone/email. 10. Position Questionnaire and point factor process for the City to manage, for future position placement needs, if desired. Training will be provided if this is maintained by the City. Future Help Possibilities McGrath Human Resources Group offers a wide spectrum of services to our public-sector clients including: ➢ Compensation and Benefit Analysis ➢ Compensation System Design and Implementation ➢ Employee Handbooks ➢ Policies and Procedures ➢ Executive Recruitment ➢ Assessment Center Testing ➢ Human Resources Audits ➢ General Recruitment ➢ Performance Evaluations ➢ Management/Labor Relations ➢ Personnel Records ➢ Training ➢ Compliance A full listing is available on our website: www.mcgrathhumanresources.com. Discussions regarding these options can be made at any time, and pricing and timeframes negotiated. McGrath Human Resources Group is confident that we can meet the goals and objectives to maintain a credible, competitive, fiscally sound classification and compensation system. We take the time to understand your culture and the vision of your organization and then make recommendations that align with your needs. City of Chanhassen, Minnesota – Classification and Compensation System Study 24 | P a g e Submitted By Dr. Victoria J. McGrath McGrath Human Resources Group CEO 214345v1 1 PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this _______ day of ___________________, 2021, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and MCGRATH CONSULTING GROUP, INC., an Illinois corporation ("Consultant"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The Contract consists of the following documents. In the event of conflict among the documents, the conflict shall be resolved by the order in which they are listed, with the document listed first having the first priority and the document listed last having the last priority: A. This Professional Services Agreement; B. Consultant’s Proposal dated February 2021 to conduct a Classification and Compensation study (“Proposal”). 2. SCOPE OF SERVICES. The City retains Consultant to provide the professional services described in the Proposal. 3. COMPENSATION. Consultant shall be paid a not to exceed amount of $23,102 inclusive costs and expenses. The City agrees to pay Consultant for work as follows: (i) $5,000 upon full execution of this Agreement; (ii) $12,102 upon submission by Consultant of the draft report and an invoice; (iii) $6,000 plus travel expenses upon submission of the final report and an invoice. The City will normally pay an invoice within 35 days of receipt. 4. CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the City. No payment will be due or made for work done in advance of such approval. 5. DOCUMENTS. All reports, plans, models, software, diagrams, analyses, and information generated in connection with performance of this Agreement shall be the property of the City upon payment by the City. The City may use the information for its purposes. The City shall be the copyright owner. The vesting of the City’s ownership of the copyright in materials created by the Consultant shall be contingent upon the City’s fulfillment of its payment obligations hereunder. The Consultant shall be allowed to use a description of the services provided hereunder, including the name of the City, and photographs or renderings of any projects which develop from the planning or other services provided by the Consultant, in the normal course of its marketing activities. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 7. STANDARD OF CARE. Consultant shall exercise the same degrees of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional consultant under similar circumstances. No other warranty, expressed or implied, is included in this 214345v1 2 Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Consultant’s services. 8. INDEMNIFICATION. Except to the extend caused by the negligence or intentional misconduct of the City, its officers, agents or employees, Consultant shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the execution or performance of the work or services provided for herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. 9. INSURANCE. Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $2,000,000 each occurrence/aggregate Automobile Liability $2,000,000 combined single limit Excess/Umbrella Liability $2,000,000 each occurrence/aggregate* The required minimum of umbrella coverage shall be $2,000,000, or the policy limits, whichever is greater. The City shall be named as an additional insured on the general liability and umbrella policies on a primary and noncontributory basis. The Consultant shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the City, in the insured's capacity as Consultant, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. The policy shall provide minimum limits of Two Million Dollars ($2,000,000.00) per occurrence and Three Million Dollars ($3,000,000) aggregate with a deductible maximum of One Hundred Thousand Dollars ($100,000.00). Before commencing work, the Consultant shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. 11. INDEPENDENT CONTRACTOR. The City hereby retains Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. Consultant is not an employee of the City and is free to contract with other entities as provided herein. Consultant shall be responsible for selecting the means and methods of performing the work. Consultant shall furnish any and all supplies, equipment, and incidentals necessary for Consultant's performance under this Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's agents or employees are in any manner agents or employees of the City. Consultant shall be exclusively responsible under this Agreement for Consultant's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 12. SUBCONTRACTORS. With the exception of the individuals identified in the Proposal, Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Consultant shall comply with Minnesota Statutes §471.425. Consultant must pay subcontractors for all undisputed services provided by subcontractors within ten (10) days of Consultant’s receipt of payment from City. Consultant must pay interest of one and five-tenths (1.5%) percent per month or any part of a month to subcontractors on any undisputed amount not paid on time to 214345v1 3 subcontractors. The minimum monthly interest penalty payment for an unpaid balance of One Hundred Dollars ($100.00) or more is Ten Dollars ($10.00). 13. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 15. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 16. CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Carver County. 17. COPYRIGHT. Consultant shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 18. PATENTED DEVICES, MATERIALS AND PROCESES. If the contract requires, or Consultant desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, Consultant shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, Consultant shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement. 19. RECORDS. Consultant shall maintain complete and accurate records of time and expense involved in the performance of services. 20. AUDIT DISCLOSURE AND DATA PRACTICES. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City’s prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 214345v1 4 21. NON-DISCRIMINATION. The Consultant agrees during the life of this Agreement not to discriminate against any employee, application for employment, or other individual because of race, color, sex, age, creed, national origin, sexual preference, or any other basis prohibited by federal, state, or local law. The Consultant will include a similar provision in all subcontracts entered into for performance of this Agreement. 22. TERMINATION OF THE AGREEMENT. The City may terminate this Agreement or any part thereof at any time, upon written notice to Consultant, effective upon delivery including delivery by facsimile or email. In such event, Consultant will be entitled to compensation for work performed up to the date of termination based upon a pro rata basis. Dated: __________________, 2021. CITY OF CHANHASSEN BY: _______________________________________ Elise Ryan, Mayor AND Laurie Hokkanen, City Manager Dated: __________________, 2021. MCGRATH CONSULTING GROUP, INC. BY: Name:__________________________ ITS:_______________________________________ CITY COUNCIL STAFF REPORT Monday, March 22, 2021 Subject Approve Agreement with Carver County and Chaska for a Dispatch Operations Study Section CONSENT AGENDA Item No: D.10. Prepared By Jake Foster, Assistant City Manager File No:  PROPOSED MOTION “The City Council approves the joint powers agreement with Carver County and Chaska to hire a consultant for a dispatch operations study."Approval requires a Simple Majority Vote of members present. SUMMARY Carver County, the Carver County Sheriff's Office and the cities of Chaska and Chanhassen are working together to hire a consultant to study dispatch services. This study will gather information from stakeholders, examine current procedures and make recommendations on industry best practices for comparable jurisdictions. BACKGROUND Over the past few months, the cities of Chaska and Chanhassen, Carver County and the Carver County Sheriff's Office have been discussing ways to improve public safety services to our shared taxpayers, especially in light of changing service models and growth in our communities. With Carver County 911 serving public safety throughout the county, dispatch has an important role in providing high­quality, cost­effective services. The cites and the count agreed that a study to determine procedural best practices, structures and technologies should be performed to ensure that dispatch is providing efficient and effective service. DISCUSSION The City of Chaska released a Request for Proposal. The RFP generated two proposals, one from DeltaWrx and another from Fitch & Associates. Both firms were deemed qualified to perform the work. The parties mutually agreed that the County would contract with Fitch & Associates for this study. The County, Chaska and Chanhassen would split the cost of the study three ways. The City of Chanhassen would be responsible for a maximum of $9,624.04. RECOMMENDATION Approve the joint powers agreement with Carver County and Chaska to engage a consultant for a dispatch operations study. CITY COUNCIL STAFF REPORTMonday, March 22, 2021SubjectApprove Agreement with Carver County and Chaska for a Dispatch Operations StudySectionCONSENT AGENDA Item No: D.10.Prepared By Jake Foster, Assistant City Manager File No: PROPOSED MOTION“The City Council approves the joint powers agreement with Carver County and Chaska to hire a consultant for adispatch operations study."Approval requires a Simple Majority Vote of members present.SUMMARYCarver County, the Carver County Sheriff's Office and the cities of Chaska and Chanhassen are working together tohire a consultant to study dispatch services. This study will gather information from stakeholders, examine currentprocedures and make recommendations on industry best practices for comparable jurisdictions.BACKGROUNDOver the past few months, the cities of Chaska and Chanhassen, Carver County and the Carver County Sheriff'sOffice have been discussing ways to improve public safety services to our shared taxpayers, especially in light ofchanging service models and growth in our communities. With Carver County 911 serving public safety throughout thecounty, dispatch has an important role in providing high­quality, cost­effective services.The cites and the count agreed that a study to determine procedural best practices, structures and technologies shouldbe performed to ensure that dispatch is providing efficient and effective service.DISCUSSIONThe City of Chaska released a Request for Proposal. The RFP generated two proposals, one from DeltaWrx andanother from Fitch & Associates. Both firms were deemed qualified to perform the work. The parties mutually agreedthat the County would contract with Fitch & Associates for this study.The County, Chaska and Chanhassen would split the cost of the study three ways. The City of Chanhassen would beresponsible for a maximum of $9,624.04.RECOMMENDATION Approve the joint powers agreement with Carver County and Chaska to engage a consultant for a dispatch operations study. ATTACHMENTS: Dispatch Study Joint Powers Page 1 of 9 JOINT POWERS AGREEMENT FOR ENGAGEMENT OF A CONSULTING FIRM TO ASSESS DISPATCH SERVICES THIS JOINT POWERS AGREEMENT FOR THE ENGAGEMENT OF A CONSULTING FIRM TO REVIEW, ASSESS, AND MAKE RECOMMENDATIONS REGARDING DISPATCH CENTER OPERATIONS, (“Agreement”), is made and entered into as of the day of 2021, by and between the County of Carver, a political subdivision organized and existing under the Constitution and the laws of the State of Minnesota (“County”), the City of Chaska, a political subdivision (“Chaska”), and the City of Chanhassen, a political subdivision (“Chanhassen”). The County, Chaska, and Chanhassen hereinafter also referred to as “Party,” or “Parties.” RECITALS: WHEREAS, the County is obligated to operate and maintain a 911 emergency telecommunications system pursuant to Minnesota Statutes § 403.025: and WHEREAS, as part of its 911 emergency telecommunications system, the County is responsible for operating a public safety answering point which operates on a 24-hour basis to receive 911 calls and which may directly dispatch public safety services (“Dispatch Center”); and WHEREAS, pursuant to Minnesota Statutes § 403.10, counties operating public safety answering points, and other local governmental units may enter into cooperative agreements under Minnesota Statutes § 471.59 for the allocation of operational and capital costs attributable to the 911 system: and WHEREAS, Minnesota Statutes, § 471.59 provides that two or more governmental units, by agreement entered into through action of their governmental bodies, may jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the Parties wish to jointly or cooperatively select and hire the professional services of a consulting firm to review, assess and make recommendations regarding the Dispatch Center services (“Project”). NOW THEREFORE, in consideration of the mutual promises and covenants of each to the other Party as contained herein, and subject to the provisions of the Minnesota Constitution and Minnesota Statutes §§ 403.10 and 471.59, and for other good and valuable consideration, receipt of which the Parties hereby acknowledge, the County, Chaska and Chanhassen hereby covenant and agree as follows: Page 2 of 9 Section 1. Recitals. The above recitals are true and correct as of the date hereof, are incorporated herein, and constitute a part of this Agreement. Section 2. Purpose. The purpose of this Agreement is to define the obligations and rights of the County, Chaska and Chanhassen related to the selection and hiring of a consulting firm and related to sharing the costs between the Parties for the Project. Section 3. Enabling Authority. Minnesota Statutes §§ 403.10 and 471.59, authorize two or more governmental units, by agreement entered into and through action of their governing bodies, to jointly or cooperatively exercise any power common to the contracting Parties. Section 4. Cooperation. The County, Chaska and Chanhassen shall cooperate with one another, and each Party shall use its best effort to ensure the most expeditious implementation of the provisions of this Agreement. The Parties shall act in good faith to undertake resolution of any disputes that arise between them, if any, in an equitable and timely manner. Section 5. Professional Services. The County shall retain the professional services necessary for the Project and shall be responsible for administering the agreement for the professional services. Section 6. Term. This Agreement shall become effective upon approval by all Parties on the date of approval by the last Party and shall continue until Project Completion or until termination pursuant to Paragraph 13 below, whichever occurs earlier. Section 7. Project Completion: Project Completion occurs when the Parties agree that: 1) the Consultant has successfully completed all of the Project work concerning the original contract and any contract amendments for the Project; 2) the Parties have each paid their full share of the costs under the provisions this Agreement, and any amendments thereto; and 3) the County has made the final payment to the Consultant. Section 8. Administrative Agent. Carver County shall serve as the Administrative Agent for the Project. Any staff performing these administrative duties on behalf of the Parties shall solely be considered employees of the County. Section 9. Staff. The Parties to this Agreement agree to contribute skilled staff support for the administration of this Agreement, including but not limited to selection and evaluation functions. The Parties agree that any employees provided pursuant to this paragraph shall be considered employees of the providing Party and shall not be considered employees of any of the other Parties. Section 10. Cost Sharing. The Parties agree the apportionment of all costs and expenses for the Project shall be as follows: Carver County 33.34% Page 3 of 9 City of Chaska 33.33% City of Chanhassen 33.33% The Parties further agree that the indemnification by any one Party shall be apportionment in like manner. Section 11. Payment to County. Chaska and Chanhassen shall reimburse the County within thirty (30) business days of being invoiced for the costs allocated to each city. Section 12. Indemnification. (a) Total Liability. The Parties' total liability under this Agreement shall be governed by Minnesota Statutes, § 471.59, Subdivision 1a. (b) Indemnification. Each Party shall defend, hold harmless, and indemnify the other Party, its officials, agents, and employees, from any liability, loss, or damages the other Party may suffer or incur as the result of demands, claims, judgments, or cost arising out of, or caused by the indemnifying Party's negligence in the performance of its respective obligations under this Agreement. This provision shall not be construed nor operate as a waiver of any applicable limitation of liability, defenses, immunities, or exceptions by statute or common law. Under no circumstances, however, shall a party be required to pay on behalf of itself or any other Party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466. (c) Single Government Unit. To the full extent permitted by law, actions by the Parties pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, § 471.59, Subdivision la(a); provided further that for purposes of that statute, each Party to this Agreement expressly declines responsibility for the acts or omissions of the other Party. (d) Other Participants. The Parties of this Agreement are not liable for the acts or omissions of the other participants to this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other Parties. Section 13. Termination. This Agreement shall terminate upon the earlier occurrence of any one of the following events: a) When necessitated by operation of law; b) As a result of a decision by a court of competent jurisdiction; or c) By the affirmative vote of a majority of all Parties. d) By the withdrawal of at least 2 of the Parties. Termination shall not discharge any liability incurred by any member during the term of this Agreement. Page 4 of 9 Section 14. Privacy. The Parties, their officers, agents, employees, volunteers, and subcontractors shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), the Health Insurance Portability and Accountability Act (HIPAA) and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. Section 15. Records – Availability/Access. Subject to the requirements of Minn. Stat. § 16C.05, subd. 5 (as may be amended), each Party, and any contractor providing services herein, agrees that the other Parties, the State Auditor, the Legislative 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 Parties and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the Agreement and for six (6) years after its termination or cancellation. Section 16. Minnesota Law Governs. The laws of the State of Minnesota shall govern all interpretations of this Agreement, and the appropriate venue and jurisdiction for any litigation which may arise hereunder will be in and under those courts located within the County of Carver, State of Minnesota. Section 17. Notices. All notices and communications required by this Agreement shall be given in writing and shall be either hand-delivered or sent by certified mail, as follows: To Carver County David Hemze 600 East 4th Street Carver County Administrator Chaska, MN 55318 To Chaska Matt Podhradsky One City Hall Plaza Chaska City Administrator Chaska, MN 55318 To Chanhassen Laurie Hokkanen 7700 Market Boulevard Chanhassen City Manager P.O. Box 147 Chanhassen, MN 55317 Any Party may change its address or authorized representative by written notice delivered to the other Parties. Section 18. Assignment. No party to this Agreement shall assign, delegate or transfer any rights or obligations under this Agreement without prior written consent of the other Parties. Such consent shall not be unreasonably withheld. Page 5 of 9 Section 19. Entire Agreement. This Agreement contains the entire Agreement between the Parties with regard to the matters set forth herein. Section 20. Counterparts. The Agreement may be signed in one or more counterparts, each of which shall constitute an original and all of which, taken together, shall constitute one and the same Agreement. Section 21. 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 22. Waiver. The waiver of any of the rights and/or remedies arising under the terms of this Agreement on any one occasion by any Party hereto shall not constitute a waiver or 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 23. Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining provisions of this Agreement. Section 24. No Third Party Beneficiary. This Agreement is made solely and specifically among and for the benefit of its named Parties, and their respective successors and assigns, and no other person or entity shall have any rights, interest, or claim under it or be entitled to any benefits pursuant to or on account of this Agreement, whether as a third party beneficiary or otherwise. Section 25. 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 26. 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. Page 6 of 9 Section 27. 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. [Signatures follow.] Page 7 of 9 COUNTY BOARD APPROVAL The County Board of Commissioners having duly approved this Joint Powers Agreement on the date indicated in their signature block, and pursuant to such approval, the proper County officials having signed this contract, the Parties hereto agree to be bound by the provisions herein set forth. COUNTY OF CARVER STATE OF MINNESOTA By: Tim Lynch, Chair of Its County Board Date: And: David Hemze, County Administrator Page 8 of 9 CITY OF CHASKA APPROVALS The Chaska City Council having duly approved this Joint Powers Agreement on the date indicated in their signature block, and pursuant to such approval, the proper City officials having signed this contract, the Parties hereto agree to be bound by the provisions herein set forth. CITY OF CHASKA STATE OF MINNESOTA By: Mark Windschitl, Mayor Date: And: Matt Podhradsky, City Administrator Page 9 of 9 CITY OF CHANHASSEN APPROVALS The Chanhassen City Council having duly approved this Joint Powers Agreement on the date indicated in their signature block, and pursuant to such approval, the proper City officials having signed this contract, the Parties hereto agree to be bound by the provisions herein set forth. CITY OF CHANHASSEN STATE OF MINNESOTA By: __________________________ Elise Ryan, Mayor Date: And: Laurie Hokkanen, City Manager CITY COUNCIL STAFF REPORT Monday, March 22, 2021 Subject Bridget Reiter ­ Mayor for a Day Essay Contest Honorable Mention Designation Section VISITOR PRESENTATIONS Item No: E.1. Prepared By Kim Meuwissen, Office Manager File No:  BACKGROUND The League of Minnesota Cities (LMC) annually hosts a Mayor for a Day essay contest for Minnesota fourth, fifth, and sixth graders. Detailed information about the contest can be found at https://www.lmc.org/news­ publications/magazine/mar­apr­2021/mayor­for­a­day­essay/.  This was the assignment for the essay writers: Cities of all sizes across the state provide a variety of services and programs that make our lives better, including parks and recreation, street maintenance, water and sewer, libraries, police, fire, and more. But what could be done to make those services even better? Finalists were judged by League President and Minnetonka Mayor Brad Wiersum and by LMC Executive Director David Unmacht. They chose three winners and three honorable mentions from among the submissions. Chanhassen sixth grader Bridget Reiter claimed one of the honorable mention awards. She is here tonight to read her essay. CITY COUNCIL STAFF REPORT Monday, March 22, 2021 Subject Kelly Davidson Citizen Action Request Section VISITOR PRESENTATIONS Item No: E.2. Prepared By File No:  ATTACHMENTS: Citizen Action Request from Kelly Davidson Print City Council - Citizen Action Request F orm Complete this form and submit it prior to the City Council meeting date you wish to present your request. Select the date of the City Council meeting you plan to attend to make your visitor presentation.* NOTE: The City Council meets on the second and fourth Mondays of each month with the following exceptions in 2021: December 20 - Meeting CANCELLED Printable 2021 City Meeting Calendar 2021 City Meeting Calendar View and/or print this calendar to assist with determining when city council meetings are held in order to make your date selection above. R esident Information First Name*Last Name* Address1* Address2 City*State*Zip* Citizen Action Request Form - Submission #4497 Date Submitted: 2/10/2021 Kelly Davidson 21 basswood circle Chanhassen MN 55317 3/31/2021 Phone Number*Email* If no email address, enter "none." Coun cil Ac t ion Requested* Provide a brief description of the action you are requesting from the City Council. Su mm a ry of Info rmation* Provide a narrative of the request including need, costs, timetable, background, etc. Wh at H appens 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 218-269-4262 kellydavidson33@gmail.com Wanted to revisit or get more educated on the chicken ordinance and if it would be open to review in the future. My name is Kelly Davidson and I moved to Chanhassen in 2019 with my family. We previously lived in Duluth and South Carolina. I wanted to reach out to you regarding the Chanhassen Chicken ordinance. I see the ordinance was put in place in 2019 and that it doesn't allow chickens on property less than 1 acre. When we lived in Duluth we had chickens. We did live on a larger plot of land but the city did allow them with a permit on smaller properties. I feel there were a lot of great benefits to keeping them and in Duluth it was very neighbor friendly. Knowing that the ordinance is very new I am wondering if there would be an opportunity to talk more on the subject or what would be the process to talk more about this. I don't want to say challenge the ordinance because that is not what I am suggesting. But I am looking at a more robust ordinance that would allow more people to allow small chickens flocks in the future. I look forward to hearing from you. Kelly Davidson 218-269-4262 mm/dd/yyyy City Council Meeting Date Action mm/dd/yyyy CITY COUNCIL STAFF REPORT Monday, March 22, 2021 Subject Ann Miller Citizen Action Request Section VISITOR PRESENTATIONS Item No: E.3. Prepared By Kim Meuwissen, Office Manager File No:  ATTACHMENTS: Ann Miller 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 2021: December 20 - Meeting CANCELLED Printable 2021 City Meeting Calendar 2021 City Meeting Calendar View and/or print this calendar to assist with determining when city council meetings are held in order to make your date selection above. Resident Information First Name*Last Name* Address1* Address2 City*State*Zip* Citizen Action Request Form - Submission #4540 Date Submitted: 3/16/2021 Ann Miller 6561 Fox Path Chanhassen MN 55317 3/22/2021 CITY COUNCIL STAFF REPORT Monday, March 22, 2021 Subject Fire Department Update Section FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE Item No: F.1. Prepared By Don Johnson, Fire Chief File No:  SUMMARY Monthly fire department update with response data from February.  ATTACHMENTS: Monthly Narrative Monthly Graphs and Tables TO: Laurie Hokkanen, City Manager FROM: Don Johnson, Fire Chief DATE: March 22, 2021 SUBJ: Monthly Fire Department Update Fire Department Staffing Department staffing is at 41 paid on-call firefighters. Fire Department Response The fire department responded to (66) calls for service in February. Call Breakdown for the month: 1 Chief Only 15 Day Only 30 Duty Crew 20 General Alarms Significant calls included the following: • (34) Rescue/EMS calls with (5) motor vehicle accidents. • (3) Fire Responses o Mutual Aid Assist to Carver Fire Department o Mutual Aid Assist to Chaska Fire Department o Fire inside an oven at Arboretum Village address Other Activities • I assisted several area departments with Incident Command certifications throughout the month. • I assisted Maple Grove Fire on an interview panel for a full-time assistant chief on March 18. • Working with Director Ruegemer, a MDH statewide testing site was stood up at the Chanhassen Recreation Center March 11-13 and again, March 18-20 as an intervention to an outbreak of the COVID-19 virus that included the B-117 UK variant discovered in Eastern Carver County. The site was managed by the MN National Guard and provided testing for many in our community. Heather Johnston Fire Department Update Page 2 Monthly Training • February scheduled outdoor training was canceled due to extreme cold temps. Portions of training were moved to Duty Crew shift training. • All Fire personnel working on completing annual mandatory training online. Last month included Ethics in the Fire Service, Mass Casualty EMS training, and NFPA Handling of Hazardous Materials. • Assistant Chief Nutter attended the Hennepin County Regional Response Emergency Management Training for Mass Casualty Events for Command Staff. Good training with EMS, Police, and Fire all training together. Fire Marshal Council Update for March • Working with the new owners of Golf Zone on preliminary fire inspections for their remodel and new opening. Owner has completed all necessary improvements/code violations. • Chanhassen Brewery – completed all fire and life safety inspections including fire sprinkler finals and fire alarm system finals. • Met with the new owners of Olive Branch (now Elysian Senior Homes) to look at some of the fire code issues in the basement left by previous owners. They will be fixing all code issues in the next few weeks. ,  0 10 20 30 40 50 60 70 80 90 Dec Jan Feb Calls by Type  and Month Rescue & Emergency Medical Service Alarm Calls Good Intent Call Hazardous Condition Service Call Fire 94 88 76 64 71 88 102 85 85 79 84 86 80 75 65 79 77 74 78 82 65 84 75 83 59 66 20 30 40 50 60 70 80 90 100 110 Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec Chanhassen Fire Department Calls By Month Comparison 2019 2020 2021   753 921 1,002 917 773 0 200 400 600 800 1000 1200 2017 2018 2019 2020 2021 Projected Calls for Service by Year Rescue & Emergency  Medical Service 54% Alarm Calls 18% Good Intent Call 9% Hazardous Condition 4% Service Call 10% Fire 5% 2021 Calls for Service by % of Call Type Rescue & Emergency Medical Service Alarm Calls Good Intent Call Hazardous Condition Service Call Fire   S 13% M 16% T 14% W 15% TH 14% F 10% Sa. 18% 2021 CALLS BY  DAY OF WEEK 0 50 100 150 200 250 4‐8a 8‐12p 12‐4p 4‐8p 8‐12a CALLS BY  TIME OF DAY 2019 2020 2021 Basic Incident Date Time: Incident Type (Fd1.21): Elite mnfirereport Incident Type Report (Summary) Incident Type Total Incidents Total Incidents % of Incidents Total Property Loss Total Content Loss Total Loss Incident Type Category: 1 - Fire 111 - Building fire 2 3.0% 113 - Cooking fire, confined to container 1 1.5%0 150 150 Total: 3 Total: 4.5%Total: 0 Total: 150 Total: 150 Incident Type Category: 3 - Rescue & Emergency Medical Service Incident 321 - EMS call, excluding vehicle accident with injury 29 43.9% 322 - Motor vehicle accident with injuries 2 3.0% 324 - Motor vehicle accident with no injuries.3 4.5% Total: 34 Total: 51.5%Total: 0 Total: 0 Total: 0 Incident Type Category: 4 - Hazardous Condition (No Fire) 412 - Gas leak (natural gas or LPG)1 1.5% 424 - Carbon monoxide incident 1 1.5% Total: 2 Total: 3.0%Total: 0 Total: 0 Total: 0 Incident Type Category: 5 - Service Call 522 - Water or steam leak 1 1.5% 554 - Assist invalid 3 4.5% 571 - Cover assignment, standby, moveup 1 1.5% Total: 5 Total: 7.6%Total: 0 Total: 0 Total: 0 Incident Type Category: 6 - Good Intent Call 611 - Dispatched and cancelled en route 2 3.0% 6111 - EMS Dispatched and cancelled en route 2 3.0% 651 - Smoke scare, odor of smoke 1 1.5% 671 - HazMat release investigation w/no HazMat 2 3.0% Total: 7 Total: 10.6%Total: 0 Total: 0 Total: 0 Incident Type Category: 7 - False Alarm & False Call 731 - Sprinkler activation due to malfunction 1 1.5% 732 - Extinguishing system activation due to malfunction 1 1.5% 733 - Smoke detector activation due to malfunction 3 4.5% 736 - CO detector activation due to malfunction 1 1.5% 741 - Sprinkler activation, no fire - unintentional 1 1.5% 743 - Smoke detector activation, no fire - unintentional 3 4.5% 745 - Alarm system activation, no fire - unintentional 4 6.1% 746 - Carbon monoxide detector activation, no CO 1 1.5% Total: 15 Total: 22.7%Total: 0 Total: 0 Total: 0 Total: 66 Total: 100.0%Total: 0 Total: 150 Total: 150 Report Filters is between '2/1/2021' and '2/28/2021' Report Criteria Is Not Blank Printed On: 03/01/2021 08:25:46 AM1 of 1 CITY COUNCIL STAFF REPORT Monday, March 22, 2021 Subject Law Enforcement Update Section FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE Item No: F.2. Prepared By Lt. Lance Pearce, CCSO File No:  BACKGROUND Reports are for January 2021. ATTACHMENTS: Cover memo Call trends Monthly breakdown Monthly report NIBRS codes Page 1 Memo TO: Mayor Ryan and Chanhassen City Council Members FROM: Lieutenant Lance Pearce DATE: March 11, 2021 RE: Law Enforcement Update Attached are the agenda items for the City of Chanhassen council meeting March 22, 2021, for your review and consideration. 1. Carver County Sheriff’s Office City of Chanhassen February 2021 Calls for Service Summary; Group A, Group B, Non-Criminal, Traffic and Administrative. 2. Carver County Sheriff’s Office City of Chanhassen February 2021 Arrest Summary. 3. Carver County Sheriff’s Office City of Chanhassen February 2021 Citation Summary. 4. February 2021 monthly breakdown 5. 2019-2021 Call trends 6. Staffing update: One vacancy in the contract (SRO) and one patrol assignment 7. Training update: All staff have started Equity Innovation training in March and April 2021 (10 hours) Lieutenant Chanhassen Office 2019-2021 Call Trends Carver County Sheriff’s Office City of Chanhassen 0 1 2 3 4 5 6 7 8 9 10 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Domestics by Month 2019 Domestics by Month 2020 Domestics by Month 2021 Domestics by Month 0 1 2 3 4 5 6 7 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Domestic Assault by Month 2019 Domestic Assault by Month 2020 Domestic Assault by Month 2021 Domestic Assault by Month 0 5 10 15 20 25 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Mental Health by Month 2019 Mental Health by Month 2020 Mental Health by Month 2021 Mental Health by Month 0 10 20 30 40 50 60 70 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Fraud/Theft by Month 2019 Fraud/ Theft by Month 2020 Fraud/ Theft by Month 2021 Fraud/ Theft by Month February 2021 Carver County Sheriff’s Office City of Chanhassen Call for Service Total Patrol Activity=720 38 12 318 352 Felony Misdemeanor Non Criminal Traffic February 2021 Types of Calls CFS=720 0 5 10 15 20 25 30 Felony Assault Felony Theft Drug Felony Other February 2021 Group A 0 10 20 30 40 50 60 February 2021 Non Criminal 17 21530 107 Driving Complaint Traffic Stops Crashes Citations CITY COUNCIL STAFF REPORT Monday, March 22, 2021 Subject Resolution No. 2021­XX: Modification to the Development Program for the Downtown Chanhassen Redevelopment Project Area and Establishment of Tax Increment Financing District No. 12 Section PUBLIC HEARINGS Item No: H.1. Prepared By Kate Aanenson, AICP, Community Development Director File No:  PROPOSED MOTION “The City Council approves the attached resolution adopting a modification to the Redevelopment Plan for the Downtown Chanhassen Redevelopment Project area and approves a Tax Increment Finance Plan for Tax Increment Financing District No. 12." Approval requires a Simple Majority Vote of members present. SUMMARY The City Council will hold a public hearing on the modification to the Development Program for the Downtown Chanhassen Redevelopment Project Area and Establishment of Tax Increment Financing, and will consider a resolution approving the TIF Plan documents and establishing TIF District No.12. BACKGROUND Todd Simning proposed an apartment building on the last lot of the Powers Ridge Development. The developer requested additional units as a density bonus. Approval of these units is contingent upon providing 50 affordable units at 60% of the area's medium income. On January 25, 2021, the City Council approved a site plan for the Lakes at Chanhassen subject to providing 50 units of affordable housing. On March 8, 2021, the city’s EDA reviewed the TIF Plan documents. The developer is requesting approval of the TIF District to provide the affordability requirement. There were questions raised by the EDA that were requested to be addressed at the public hearing. These questions included affordable housings needs, rental and income limits. DISCUSSION The Housing Chapter of the city's 2040 Comprehensive Plan demonstrates the need for affordable senior housing. There had been no affordable senior housing built in the city since 2002 when the Presbyterian Homes TIF District included 35 of the 90 independent units affordable. That project also included 71 assisted­living units.   The Comprehensive Plan includes the need for 580 adult rental units and 285 affordable units. The Lakes of Unit sq. ft.Number of Units Number of Bedrooms Rent 701 12 1 BR 1 BA $950 800 18 1 BR 1 BA $1,164 933 15 2 BR 1 BA $1,300 1,125 5 2 BR 2 BA $1,395 Total 50 CITY COUNCIL STAFF REPORTMonday, March 22, 2021SubjectResolution No. 2021­XX: Modification to the Development Program for the DowntownChanhassen Redevelopment Project Area and Establishment of Tax Increment Financing DistrictNo. 12SectionPUBLIC HEARINGS Item No: H.1.Prepared By Kate Aanenson, AICP, CommunityDevelopment Director File No: PROPOSED MOTION“The City Council approves the attached resolution adopting a modification to the Redevelopment Plan for theDowntown Chanhassen Redevelopment Project area and approves a Tax Increment Finance Plan for Tax IncrementFinancing District No. 12."Approval requires a Simple Majority Vote of members present.SUMMARYThe City Council will hold a public hearing on the modification to the Development Program for the DowntownChanhassen Redevelopment Project Area and Establishment of Tax Increment Financing, and will consider aresolution approving the TIF Plan documents and establishing TIF District No.12.BACKGROUNDTodd Simning proposed an apartment building on the last lot of the Powers Ridge Development. The developerrequested additional units as a density bonus. Approval of these units is contingent upon providing 50 affordable unitsat 60% of the area's medium income. On January 25, 2021, the City Council approved a site plan for the Lakes atChanhassen subject to providing 50 units of affordable housing.On March 8, 2021, the city’s EDA reviewed the TIF Plan documents. The developer is requesting approval of the TIFDistrict to provide the affordability requirement. There were questions raised by the EDA that were requested tobe addressed at the public hearing. These questions included affordable housings needs, rental and income limits.DISCUSSIONThe Housing Chapter of the city's 2040 Comprehensive Plan demonstrates the need for affordable senior housing. Therehad been no affordable senior housing built in the city since 2002 when the Presbyterian Homes TIF District included 35of the 90 independent units affordable. That project also included 71 assisted­living units.   The Comprehensive Plan includes the need for 580 adult rental units and 285 affordable units. The Lakes of Chanhassen will create 50 affordable units. The developer's proforma demonstrates that the project meets the rental income limits by bedroom size. Household income levels will very by the developers as part the rental agreement.  An annual report by the developer is required to ensure they are complying with income limits for Carver County. Income Limits by Household Size 1 2 3 60% AMI $43,440 $49,460 $55,860 Maximum Gross Rents by Bedroom Size 0 1 2 % AMI $1,086 $1,164 $1,396 Developer's Proposal ATTACHMENTS: Resolution TIF Agreement No.12 Senior Rental Demand Senior Commission Support 1 CH135\62\708438.v2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: March 22, 2021 RESOLUTION: 2021- MOTION: SECONDED BY: RESOLUTION ADOPTING A MODIFICATION TO THE EDEVELOPMENT PLAN FOR THE DOWNTOWN CHANHASSEN REDEVELOPMENT PROJECT AREA AND APPROVING A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 12 BE IT RESOLVED by the City Council (the “Council”) of the City of Chanhassen, Minnesota (the “City”), as follows: Section 1. Recitals 1.01. The Board of Commissioners of the Chanhassen Economic Development Authority (the “EDA”) has heretofore established the Downtown Chanhassen Redevelopment Project Area (the “Project Area”) and adopted the Redevelopment Plan therefor. It has been proposed by the EDA that the City approve and the EDA adopt a Modification to the Redevelopment Plan for the Project Area (the “Redevelopment Plan Modification”) and a Tax Increment Financing Plan (the “TIF Plan”) for the establishment of Tax Increment Financing District No. 12 (the “District”) therein (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the “Plans”); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.090 to 469.1082 and Sections 469.174 to 469.1794, all inclusive, as amended, (the “Act”) all as reflected in the Plans, and presented for the Council’s consideration. 1.02. The EDA and City have investigated the facts relating to the Plans and have caused the Plans to be prepared. 1.03. The EDA and City have performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Plans, including, but not limited to, notification of Carver County and Independent School District No. 112 having taxing jurisdiction over the property to be included in the District, a review of and written comment on the Plans by the City Planning Commission, adoption of the Plans by the EDA on March 8, 2021, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports (the ‘‘Reports”) relating to the Plans and the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and/or made a part of the City files and proceedings on the Plans. The Reports include data, information and/or substantiation constituting or relating to the basis for the other findings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. 2 CH135\62\708438.v2 1.05 The City is not modifying the boundaries of the Project Area, but is, however, modifying the Redevelopment Plan to include activities related to the District. Section 2. Findings for the Adoption and Approval of the Plans. 2.01. The Council hereby finds that the Plans are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for development in the public interest and accomplish certain objectives as specified in the Plans, which are hereby incorporated herein. Section 3. Findings for the Establishment of the District 3.01. The Council hereby finds that the District is in the public interest and is a “housing district” under Minnesota Statutes, Section 469.174, Subd. 11 of the Act. 3.02. The Council further finds that the proposed redevelopment would not occur solely through private investment within the reasonably foreseeable future, that the TIF Plan conforms to the general plan for the development or redevelopment of the City as a whole; and that the TIF Plan will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 3.03. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 3.04. The EDA elects to calculate fiscal disparities for the District in accordance with Minnesota Statutes, Section 469.177, Subd. 3, clause b, which means any fiscal disparities contribution would be taken from inside the District. Section 4. Public Purpose 4.01. The approval of the Plans conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up, to provide housing opportunities, to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. For the reasons described in Exhibit A, the City believes these benefits directly derive from the tax increment assistance provided under the TIF Plan. A private developer will receive only the assistance needed to make this development financially feasible. As such, any private benefits received by a developer are incidental and do not outweigh the primary public benefits. Section 5. Approval and Adoption of the Plans 5.01. The Plans, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the Community Development Director. 3 CH135\62\708438.v2 5.02. The staff of the City, the City’s advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.03 The Auditor of Carver County is requested to certify the original net tax capacity of the District, as described in the Plans, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the EDA is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.04. The EDA Executive Director is further authorized and directed to file a copy of the Plans with the Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. Passed and adopted by the Chanhassen City Council this 22nd day of March, 2021. ATTEST: Elise Ryan, Mayor Laurie Hokkanen, City Manager YES NO ABSENT A-1 CH135\62\708438.v2 EXHIBIT A RESOLUTION NO. 2021-XX The reasons and facts supporting the findings for the approval of the Tax Increment Financing Plan (TIF Plan) for Tax Increment Financing District No. 12, as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that Tax Increment Financing District No. 12 is a housing district as defined in M.S., Section 469.174, Subd. 11. Tax Increment Financing District No. 12 consists of one (1) parcel and its internal and adjacent rights-of-way. The development will consist of a new 110-unit mixed-income senior housing apartment facility in the city, all or a portion of which will receive tax increment assistance and will meet income restrictions described in M.S. 469.1761. At least 40 percent of the units receiving assistance will have incomes at or below 60 percent of area median income. 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. This finding is supported by the fact that the development proposed in this plan is a housing district that meets the City’s objectives for development and redevelopment and is intended for occupancy, in part, by low and moderate-income persons. At least 40% of the assisted housing units are intended to be income restricted. Due to decreased rental income from affordable units, there is insufficient cash flow to provide a sufficient rate of return, pay operating expenses, and service the debt necessary to develop the housing. This leaves a gap in the funding for the project and makes this housing development feasible only through assistance, in part, from tax increment financing. The necessity of public assistance is true for most affordable housing development in Minnesota. The developer was asked for and provided a letter and a proforma outlining project source and uses as well as projected rent, vacancy and financing assumptions. City staff and the City’s advisors reviewed the information and have determined the project is not feasible without the proposed assistance due anticipated rent levels and market returns not supporting the development costs for the site. Based on the review, the City does not expect that a development of this type would occur in the reasonably foreseeable future but-for the use of tax increment assistance. 3. Finding that the TIF Plan for Tax Increment Financing District No. 12 conforms to the general plan for the development or redevelopment of the municipality as a whole. The Planning Commission reviewed the TIF Plan on March 2, 2021 and approved a recommendation to the City Council that the TIF Plan conforms to the general plan for development or redevelopment of the City. 4. Finding that the TIF Plan for Tax Increment Financing District No. 12 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development A-2 CH135\62\708438.v2 or redevelopment of the Downtown Chanhassen Redevelopment Project Area by private enterprise. Through the implementation of the TIF Plan, the City will provide an impetus for residential development, which is desirable and necessary for providing for an increased population and increased need for life-cycle housing within the City. g:\admin\resol\2021\03-22-21\tif 12.docx CH135\62\706685.v3 DRAFT March 17, 2021 CONTRACT FOR PRIVATE DEVELOPMENT By and Between THE CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY and LAKES AT CHANHASSEN, LLC This document drafted by: KENNNEDY & GRAVEN, CHARTERED (RHB) 150 South Fifth Street Suite 700 Minneapolis, MN 55402 (612) 337-9300 i CH135\62\706685.v3 TABLE OF CONTENTS PAGE PREAMBLE ....................................................................................................................................1 ARTICLE I Definitions Section 1.1. Definitions................................................................................................................2 Section 1.2. Exhibits ...................................................................................................................4 Section 1.3. Rules of Interpretation ............................................................................................5 ARTICLE II Representations and Warranties Section 2.1. Representations by the EDA ....................................................................................5 Section 2.2. Representations and Warranties by the Developer ..................................................6 ARTICLE III Acquisition of Development Property; Public Assistance Section 3.1. Acquisition of Development Property .....................................................................7 Section 3.2. Issuance of Pay-As-You-Go Note ...........................................................................7 Section 3.3. Conditions Precedent to Issuance of the Note .........................................................7 Section 3.4. Records ....................................................................................................................8 Section 3.5. No Business Subsidy................................................................................................8 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements ...............................................................8 Section 4.2. Preliminary Plans and Construction Plans ...............................................................8 Section 4.3. Commencement and Completion of Construction ...................................................9 Section 4.4. Certificate of Completion ........................................................................................9 Section 4.5. Declaration Regarding Income Restrictions; Qualification of the TIF District .....10 Section 4.6. Senior Housing.......................................................................................................11 ARTICLE V Insurance Section 5.1. Insurance ................................................................................................................11 Section 5.2. Evidence of Insurance ...........................................................................................12 ii CH135\62\706685.v3 ARTICLE VI Payment of Taxes; Use of Tax Increment Section 6.1. Taxes ......................................................................................................................12 Section 6.2. Right to Collect Delinquent Taxes and Special Assessments ................................12 Section 6.3. Housing District; Use of Tax Increment ................................................................13 ARTICLE VII Restrictions on Sale of Minimum Improvements; Termination of Agreement Section 7.1. Prohibition Against Sale of Minimum Improvements ...........................................13 Section 7.2. Termination of Agreement .....................................................................................14 ARTICLE VIII Events of Default Section 8.1. Events of Default Defined .....................................................................................14 Section 8.2. Remedies on Default ..............................................................................................15 Section 8.3. Remedies after Certificate of Completion .............................................................16 Section 8.4. No Remedy Exclusive............................................................................................16 Section 8.5. No Additional Waiver Implied by One Waiver .....................................................16 ARTICLE IX Additional Provisions Section 9.1. Conflict of Interests; Representatives Not Individually Liable .............................16 Section 9.2. Equal Employment Opportunity ............................................................................17 Section 9.3. Restrictions on Use ................................................................................................17 Section 9.4. Notices and Demands ............................................................................................17 Section 9.5. Counterparts ...........................................................................................................17 Section 9.6. Disclaimer of Relationships ...................................................................................17 Section 9.7. Amendment ............................................................................................................17 Section 9.8. Recording; Agreement Runs with the Land ...........................................................18 Section 9.9. Release and Indemnification Covenants ................................................................18 Section 9.10. Titles of Articles and Sections ...............................................................................18 Section 9.11. Governing Law; Venue ..........................................................................................18 Section 9.12. Fees and Charges ...................................................................................................18 TESTIMONIUM............................................................................................................................19 SIGNATURES ......................................................................................................................... 19-20 EXHIBIT A LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY EXHIBIT B LIST OF PRELIMINARY PLANS EXHIBIT C FORM OF CERTIFICATE OF COMPLETION EXHIBIT D FORM OF AUTHORIZING RESOLUTION WITH NOTE EXHIBIT E FORM OF INVESTMENT LETTER EXHIBIT F FORM OF DECLARATION OF RESTRICTIVE COVENANTS 1 CH135\62\706685.v3 CONTRACT FOR PRIVATE DEVELOPMENT This Contract for Private Development (the “Agreement”) is made this _____ day of _____________, 2021, by and between the Chanhassen Economic Development Authority, a public body corporate and politic under the laws of Minnesota, having its principal office at 7700 Market Boulevard, Chanhassen, Minnesota 55317 (the “Chanhassen Economic Development Authority” or the “EDA”), and Lakes at Chanhassen, LLC, a Minnesota limited liability company, having its principal office at 350 Highway 7, Suite 218, Excelsior, Minnesota 55331(the “Developer”). WITNESSETH: WHEREAS, the City of Chanhassen (the “City”) previously established the Downtown Chanhassen Redevelopment Project Area and adopted a Redevelopment Plan to encourage development and redevelopment in a portion of the community; and WHEREAS, the EDA finds that it is in the public interest, helpful for the tax base and beneficial for the health, safety and welfare of the community as a whole to promote affordable multi-family housing in the community in locations where it is compatible with surrounding land uses; and WHEREAS, the EDA finds that, due to market conditions which exist today and are likely to persist for the foreseeable future, the private sector alone is not able to accomplish construction of affordable multi-family housing and, therefore, such will not occur without public intervention; and WHEREAS, in order to foster the development described above, the EDA intends to modify the Redevelopment Plan for the Downtown Chanhassen Redevelopment Project Area to more fully implement the goals and objectives thereof, all pursuant to Minnesota Statutes, sections 469.001 through 469.047; and WHEREAS, the EDA also intends to establish Tax Increment Financing District No. 12, a housing district, within the Downtown Chanhassen Redevelopment Project Area and adopt a tax increment financing plan related thereto, all pursuant to Minnesota Statutes, sections 469.174 through 469.1799; and WHEREAS, the Developer has proposed to develop the property located at 1361 Lake Drive West, and defined in this Agreement as the Development Property, through a 110-unit multi- family affordable senior housing project, as more fully described herein; and WHEREAS, the EDA believes is in the vital and best interests of Chanhassen and the health, safety and welfare of its residents, and in accord with the public purposes and provisions of the applicable state and local laws and requirements for which the Downtown Chanhassen Redevelopment Project Area and Tax Increment Financing District No. 12 were or will be established. 2 CH135\62\706685.v3 NOW, THEREFORE, in consideration of the covenants and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Definitions Section 1.1. Definitions. In this Agreement the following terms shall have the meanings given below unless a different meaning clearly appears from the context: “Administrative Costs” means the administrative expenses incurred by the EDA regarding the TIF District as defined in section 469.174, subd. 14 of the TIF Act. “Agreement” means this Agreement, as the same may be from time to time modified, amended, or supplemented. “Assessor” means the county assessor of Carver County. “Authorizing Resolution” means the resolution, in substantially the form attached hereto as Exhibit D, which authorizes the issuance of the Note by the EDA Executive Director upon satisfaction of the conditions precedent specified in Section 3.3 of this Agreement. “Available Tax Increment” means 90 percent of the Tax Increment paid to the EDA by the County with respect to the Development Property and the Minimum Improvements. “Certificate of Completion” means the certificate, in substantially the form attached hereto as Exhibit C, which will be provided to the Developer pursuant to Article IV of this Agreement. “City” means the city of Chanhassen, a municipal corporation under the laws of Minnesota. “City Approvals” means, collectively, the site plan and any other land use approvals required by the City prior to constructing the Minimum Improvements. “Construction Plans” means the final plans for construction of the Minimum Improvements which shall be submitted by the Developer pursuant to section 4.2 of this Agreement. “County” means Carver County, Minnesota. “Declaration” means the Declaration of Restrictive Covenants substantially in the form attached hereto as Exhibit F. “Developer” means Lakes at Chanhassen, LLC, a Minnesota limited liability company. “Development Property” means the property generally located at 1361 Lake Drive West in Chanhassen. The property is legally described in Exhibit A attached hereto. 3 CH135\62\706685.v3 “Economic Development Authorities Act” or “EDA Act” means Minnesota Statutes, sections 469.090 through 469.108, as amended. “Economic Development Authority” or “EDA” means the Chanhassen Economic Development Authority, a public body corporate and politic under the laws of Minnesota. “Event of Default” means an action by the Developer or the EDA listed in Article VIII of this Agreement. “Housing and Redevelopment Authorities Act” or “HRA Act” means Minnesota Statutes, sections 469.001 through 469.047, as amended. “Material Change” means a substantial change in the Construction Plans or one which will adversely affect the generation of tax increment attributable to the Minimum Improvements. “Maturity Date” means the date the Note has been paid in full or terminated, whichever is earlier. “Minimum Improvements” means a 110-unit three-story senior apartment building and related amenities and improvements. After completion of the Minimum Improvements, the term shall mean the Development Property as improved by the Minimum Improvements. “Note” means the taxable Tax Increment Revenue Note, in substantially the form set forth in the Authorizing Resolution, to be delivered by the EDA to the Developer to reimburse the Developer for the Qualifying Costs pursuant to Article III of this Agreement. “Preliminary Plans” means the plans of the Minimum Improvements referenced in Exhibit B attached hereto. “Public Assistance” means the financial assistance to be offered by the EDA to the Developer through issuance of the Note. “Qualifying Costs” means the cost of public infrastructure, site preparation, site improvements and other qualifying expenditures made by the Developer related to completion of the Minimum Improvements which the EDA intends to partially reimburse through the Note. “Redevelopment Plan” means the Redevelopment Plan for the Downtown Chanhassen Redevelopment Project Area, which was modified most recently on March 22, 2021. “Redevelopment Project” or “Project” means the Downtown Chanhassen Redevelopment Project. “Rental Housing Unit” means one of the 110 rental housing units constructed as part of the Minimum Improvements. 4 CH135\62\706685.v3 “Sale” means any conveyance of fee simple title in and to the Minimum Improvements or the Development Property, as more fully defined in Article VII of this Agreement. “Site Plan Agreement” means Site Plan Agreement #2021-04 between the City and the Developer regarding the Minimum Improvements. “State” means the state of Minnesota. “Substantial Completion” means completion of the Minimum Improvements to a degree allowing the issuance of a certificate of occupancy by the City’s building official. “Tax Increment” means the tax increment, as that term is defined in Minnesota Statutes, section 469.174, subd. 25, which is paid to the EDA by the County with respect to the Minimum Improvements and the Development Property. “Tax Increment Financing Act” or “TIF Act” means Minnesota Statutes, sections 469.174 through 469.1799, as amended. “Tax Increment Financing District” or “TIF District” means Tax Increment Financing District No. 12, a housing district. “Tax Increment Financing Plan” or “TIF Plan” means the tax increment plan for Tax Increment Financing District No. 12 which was approved by the EDA and the City on March 22, 2021. “Tax Official” means the Assessor, County auditor, County or state board of equalization, the commissioners of revenue of the State, or any State or federal district court, the tax court of the State, or the State Supreme Court. “Termination Date” means the date Tax Increment Financing District No. 12 terminates, which date is the earlier of: (a) after 25 years after the date of receipt of the first Tax Increment, or (b) the date all of the EDA’s financial obligations with regard to the TIF District have been satisfied, or (c) the date that this Agreement and the Note are terminated by the EDA for any reason; or (d) payment of all amounts owed under the Note. “Unavoidable Delays” means delays which are the direct result of adverse weather conditions; strikes or other labor troubles; fire or other casualty to the Minimum Improvements; litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays; or, except those of the EDA or the City reasonably contemplated by this Agreement, any acts or omissions of any federal, State or local governmental unit which directly result in delays in construction of the Minimum Improvements; default or unanticipated delay by the EDA or the City under this Agreement; or any other cause beyond the reasonable control of a party. Section 1.2. Exhibits. The following exhibits are attached to and by reference made a part of this Agreement: 5 CH135\62\706685.v3 Exhibit A. Legal Description of Development Property Exhibit B. List of Preliminary Plans Exhibit C. Form of Certificate of Completion Exhibit D. Form of Authorizing Resolution with Note Exhibit E. Form of Investment Letter Exhibit F. Form of Declaration of Restrictive Covenants Section 1.3. Rules of Interpretation. (a) This Agreement shall be interpreted in accordance with and governed by the laws of Minnesota. (b) The words “herein” and “hereof” and words of similar import, without reference to any particular section or subdivision, refer to this Agreement as a whole rather than any particular section or subdivision hereof. (c) References herein to any particular section or subdivision hereof are to the section or subdivision of this Agreement as originally executed. (d) Any titles of the several parts, articles and sections of this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of its provisions. ARTICLE II Representations and Warranties Section 2.1. Representations by the EDA. The EDA makes the following representations as the basis for the undertaking on its part herein contained: (a) The EDA is an economic development authority duly organized and existing under the EDA Act and also having the powers of a housing and redevelopment authority under the HRA Act. The EDA has the authority to enter into this Agreement and carry out its obligations hereunder. (b) The EDA has approved execution of this Agreement. The individuals executing this Agreement and related agreements and documents on behalf of the EDA have the authority to do so and to bind the EDA by their actions. (c) The Downtown Chanhassen Redevelopment Project is a redevelopment project within the meaning of the HRA Act and was created, adopted and approved in accordance with the HRA Act. (d) TIF District No. 12 is a housing tax increment financing district within the meaning of the TIF Act and was created, adopted and approved in accordance with the TIF Act. 6 CH135\62\706685.v3 (e) There are no previous agreements to which the EDA is a party pertaining to the Development Property which would preclude the parties from entering into this Agreement or which would impede the fulfillment of the terms and conditions of this Agreement. (f) The activities of the EDA pursuant to this Agreement are undertaken pursuant to the modified Redevelopment Plan and the TIF Plan and are for the purpose of development of the Development Property with a mixed income multi-family senior rental apartment project. (g) The EDA will act in a timely manner to consider all approvals required under this Agreement and will cooperate with the Developer in seeking consideration of approvals which must be granted by the City or other public entities. Section 2.2. Representations and Warranties by the Developer. The Developer makes the following representations and warranties as the basis for the undertaking on its part herein contained: (a) The Developer is a limited liability company validly existing under the laws of the state of Minnesota. The Developer has the authority to enter into this Agreement and carry out its obligations hereunder. (b) The persons executing this Agreement and related agreements and documents on behalf of the Developer have the authority to do so and to bind the Developer by their actions. (c) The Developer has entered into a purchase agreement to acquire the Development Property and will close by June 30, 2021. (d) The Developer will construct the Minimum Improvements in substantial accordance with the terms of this Agreement, the Redevelopment Plan, the TIF Plan, the Construction Plans and all local, State and federal laws and regulations, including, but not limited to, environmental, zoning, building code and public health laws and regulations. (e) The Developer will apply for and use all reasonable efforts to obtain, in a timely manner, all required permits, licenses and approvals from the City, and will meet, in a timely manner, the requirements of all applicable local, State and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed or used for their intended purpose. (f) The Developer has analyzed the economics of acquisition of the Development Property, the cost of the public infrastructure improvements, site preparation, site improvements, and construction of the Minimum Improvements and concluded that, absent the Public Assistance to be offered under this Agreement, it would not undertake this project. (g) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate organizational documents or any evidence of 7 CH135\62\706685.v3 indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (h) No more than 20 percent of the square footage of the Minimum Improvements will consist of commercial, retail or other non-residential uses. ARTICLE III Acquisition of Development Property; Public Assistance Section 3.1. Acquisition of Development Property. The Developer agrees to acquire the Development Property in fee by June 30, 2021. The EDA makes no representations to the Developer regarding the suitability of the Development Property for the use and purpose intended by the Developer. Section 3.2. Issuance of Pay-As-You-Go Note. (a) In consideration of the Developer incurring the Qualifying Costs while constructing the Minimum Improvements, the EDA will issue to the Developer the Note in the principal amount of $3,065,000 in substantially the form set forth in the Authorizing Resolution attached hereto as Exhibit D. The EDA and the Developer agree that the consideration from the Developer for the purchase of the Note will consist of the Developer’s payment of the Qualifying Costs which are eligible for reimbursement with Tax Increment and which are incurred by the Developer in at least the principal amount of the Note. The Authorizing Resolution will authorize delivery of the Note by the EDA Executive Director upon satisfaction by the Developer of all the conditions precedent specified in section 3.3 of this Agreement. (b) The Developer understands and acknowledges that the EDA makes no representations or warranties regarding the amount of Available Tax Increment, or that revenues pledged to the Note will be sufficient to pay the Note. Any estimates of Tax Increment prepared by the EDA or its financial advisors in connection with the TIF District or this Agreement are for the benefit of the EDA and are not intended as representations on which the Developer may rely. Section 3.3. Conditions Precedent to Issuance of the Note. Notwithstanding anything in this Agreement to the contrary, the EDA Executive Director is authorized to issue the Note to the Developer only after all of the following conditions precedent have been satisfied: (a) The Developer has acquired the Development Property in fee; (b) The Developer has executed this Agreement and it has been recorded against the Development Property; (c) The Developer has executed the Declaration of Restrictive Covenants and it has been recorded against the Development Property; (d) The Developer has completed the Minimum Improvements and the EDA has issued the Certificate of Completion; 8 CH135\62\706685.v3 (e) The Developer has submitted evidence, including paid receipts and lien waivers, it has incurred and paid for the Qualifying Costs in an amount not less than the principal amount of the Note; (f) The Developer has submitted the Investment Letter in the general form attached hereto as Exhibit E; (g) The EDA has adopted the Authorizing Resolution; and (h) There has been no Event of Default on the part of the Developer which has not been cured. Section 3.4. Records. The EDA and its representatives will have the right at all reasonable times after reasonable notice to inspect, examine and copy invoices paid by the Developer and/or its general contractor relating to the Minimum Improvements and the Qualifying Costs for which the Developer will be reimbursed under the Note. Section 3.5. No Business Subsidy. The Public Assistance offered to the Developer under this Agreement and the Note is related to the construction of housing and therefore is not a “business subsidy” within the meaning of Minnesota Statutes, sections 116J.993 to 116J.995. ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements. The Developer agrees that it will construct the Minimum Improvements on the Development Property in accordance with the Preliminary Plans and the Construction Plans. The Developer acknowledges that, in addition to the requirements of this Agreement, construction of the Minimum Improvements will necessitate compliance with the City Approvals and possibly approvals by other governmental agencies. To the extent such approvals have not already been obtained, the Developer agrees to submit in a timely manner all applications for and pursue to their conclusion all other approvals needed prior to constructing the Minimum Improvements. Section 4.2. Preliminary Plans and Construction Plans. (a) The Developer has submitted and the EDA has approved the Preliminary Plans listed in Exhibit B attached hereto. Prior to beginning construction on the Minimum Improvements, the Developer shall submit dated Construction Plans to the EDA. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in substantial conformity with the Preliminary Plans and this Agreement. The EDA will approve the Construction Plans if they (1) are consistent with the Preliminary Plans; (2) conform to all applicable federal, State and local laws, ordinances, rules and regulations; (3) are adequate to provide for the construction of the Minimum Improvements; (4) conform to the State building code; and (5) if there has occurred no uncured Event of Default on the part of the Developer. Except as otherwise set forth herein, no approval by the EDA shall relieve the Developer of the obligation to comply with the terms of this Agreement and the terms of all applicable federal, State and local laws, ordinances, rules and regulations in the construction 9 CH135\62\706685.v3 of the Minimum Improvements. Except as otherwise set forth herein, no approval by the EDA shall constitute a waiver of an Event of Default. The EDA shall use good faith efforts to review the Construction Plans and either approve or reject them in writing within 15 business days after receipt. Any rejection, in whole or in part, shall set forth in detail the reasons for rejection. (b) No more than 20 percent of the square footage of the Minimum Improvements shall consist of commercial, retail or other non-residential uses. (c) If the Developer desires to make any Material Change in the Construction Plans after approval, the Developer shall submit the proposed change to the EDA for its approval. If the proposed change is consistent with the Preliminary Plans or is otherwise acceptable to the EDA and meets all other requirements of section 4.2(a) above, the EDA shall approve the proposed change. Such change in the Construction Plans shall be deemed approved by the EDA unless rejected within the required 10 business day period, in whole or in part, by written notice by the EDA to the Developer, setting forth in detail the reasons for rejection. Such rejection shall be made within 15 business days after receipt by the EDA of the written notice of such change from the Developer. Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable Delays, the Developer shall commence construction of the Minimum Improvements by no later than September 1, 2021. All work with respect to the Minimum Improvements to be constructed or provided by the Developer on the Development Property shall be in conformity with the Construction Plans. The Developer shall make such reports to the EDA regarding construction of the Minimum Improvements as the EDA deems necessary or helpful in order to monitor progress on construction of the Minimum Improvements. The Developer shall have achieved Substantial Completion of the Minimum Improvements by no later than December 31, 2022. Section 4.4. Certificate of Completion. (a) After Substantial Completion of the Minimum Improvements in accordance with the Construction Plans and at the written request of the Developer, the EDA will, within 20 days thereafter, furnish the Developer with an appropriate Certificate of Completion so certifying in the form of Exhibit C attached hereto. Such Certificate of Completion by the EDA shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement with respect to the obligations of the Developer to construct the Minimum Improvements and the dates for the beginning and completion thereof. (b) The Certificate of Completion shall be in such form set forth in Exhibit C and as will enable it to be recorded in the proper County office for the recordation of deeds and other instruments pertaining to the Development Property. If the EDA shall refuse to provide a Certificate of Completion in accordance with the provisions of this section 4.4, the EDA shall promptly notify Developer within the same 20 day period following receipt of request by the Developer for the Certificate of Completion, and such notification from the EDA shall include a written statement, indicating in adequate detail in what respects the Developer has failed to complete the relevant portion of the Minimum Improvements in accordance with the Construction Plans and what measures or acts will be necessary, in the opinion of the EDA, for the Developer to take or perform in order to obtain such certification. If the EDA fails to issue such a written statement within such 20-day period, the EDA shall be deemed to have waived its right to do so 10 CH135\62\706685.v3 and shall be deemed to have issued a Certificate of Completion to the Developer. The Developer shall have 60 days following receipt of the EDA’s written response to cure or agree to terms with the EDA regarding issues to be resolved prior to the Developer obtaining a Certification of Completion from the EDA. Section 4.5. Declaration Regarding Income Restrictions; Qualification of the TIF District. The Developer agrees that the Minimum Improvements will be subject to the following tenant income restrictions: (a) The Developer will cause 50 (44%) or more of the Rental Housing Units in the Minimum Improvements to be occupied by Qualifying Tenants whose household income is 60 percent or less of the area median gross income, all as further described in the Declaration attached hereto as Exhibit F. Prior to any payment under the Note, the Developer will deliver the executed Declaration to the EDA in recordable form. (b) As a condition to initial and continuing occupancy, each person who is intended to be a Qualifying Tenant will be required annually to sign and deliver to the Developer a certification in which the prospective Qualifying Tenant certifies as to his or her income. In addition, the person will be required to provide whatever other information, documents, or certifications are reasonably deemed necessary by the Executive Director of the EDA to substantiate his or her income, on an ongoing annual basis, and to verify that the tenant continues to be a Qualifying Tenant. Certifications will be maintained on file by the Developer with respect to each Qualifying Tenant who resides in a Rental Housing Unit or resided therein during the immediately preceding calendar year. (c) The form of lease to be utilized by the Developer in renting any Rental Housing Unit to any person who is intended to be a Qualifying Tenant will provide for termination of the lease and consent by the person to immediate eviction for failure to qualify as a Qualifying Tenant as a result of any material misrepresentation made by the person with respect to income. (d) On or before April 15 of each year during the term of the Declaration, commencing on the first April 15 after issuance of the Certificate of Completion, the Developer must submit evidence of tenant incomes, showing that at least 50 (44%) of the Rental Housing Units meet the income restrictions set forth in the Declaration. The EDA will review the submitted evidence related to the income restrictions required by Section 469.1761 of the TIF Act to determine that the TIF District remains qualified as a housing district under the TIF Act. (e) While the covenants in this Section 4.5 are in effect, the EDA and its representatives will have the right at all reasonable times, and after reasonable notice, to inspect and to examine and copy all books and records of the Developer and its successors and assigns relating to the covenants described in this Section 4.5 and in the Declaration. (f) The Developer acknowledges that the primary purpose for requiring compliance by the Developer with the rental restrictions provided in this Agreement and the Declaration is to ensure compliance of the Minimum Improvements with the income covenants set forth herein and the continued eligibility of TIF District No. 12 as a housing tax increment financing district under 11 CH135\62\706685.v3 the TIF Act. If prior to the Termination Date the EDA reasonably determines, based on the reports submitted by the Developer or, if the EDA receives notice from the State Department of Revenue, the State Auditor any Tax Official or any court of competent jurisdiction that the TIF District does not qualify or no longer qualifies as a housing district due to action or inaction of the Developer, such event will be deemed an Event of Default by the Developer under this Agreement; provided, however, that the EDA may not terminate this Agreement so long as the determination is being contested in good faith and has not been finally adjudicated. In addition to any remedies available to the EDA under Article VIII hereof, the Developer will indemnify, defend and hold harmless the EDA for any damages or costs resulting therefrom, including any Tax Increment the EDA may be required or agrees to repay as a result of any action taken under section 469.1771 of the TIF Act for violation of said Act relating to disqualification of the TIF District. (g) The Developer covenants and agrees that the Developer will cause or require as a condition precedent to any conveyance, transfer, assignment, or any other disposition of the Minimum Improvements prior to the Termination Date that the transferee assume in writing, in a form acceptable to the EDA, all duties and obligations of the Developer under this section 4.5 regarding income restrictions and verification of Qualified Tenants by means of an assumption agreement acceptable to the EDA. The Developer will deliver an executed copy of the assumption agreement to the EDA prior to the transfer. Section 4.6. Senior Housing. The Developer agrees the one hundred percent of the Rental Housing Units must be occupied by at least one person who is at least 55 years of age of the time of initial occupancy. This restriction shall terminate no earlier than the Termination Date. ARTICLE V Insurance Section 5.1. Insurance. The Developer or its general contractor will provide and maintain at all times during the process of constructing the Minimum Improvements a Special Form Basis Insurance Policy and, from time to time during that period, at the request of the EDA no more frequently than once annually, furnish the EDA with proof of payment of premiums on policies covering the following: (1) Builder’s risk insurance, written on the so-called “Builder’s Risk – Completed Value Basis,” in an amount equal to one hundred percent (100%) of the insurable value of the applicable portion of the Minimum Improvements at the date of completion, and with coverage available in reporting form on the so-called “special” form of policy; (2) Commercial general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) with limits against bodily injury and property damage of not less than $2,000,000 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used); and (3) Workers’ compensation insurance, with statutory coverage. 12 CH135\62\706685.v3 Section 5.2. Evidence of Insurance. All insurance required in this Article V of this Agreement must be taken out and maintained in responsible insurance companies selected by the Developer which are authorized under the laws of Minnesota to assume the risks covered thereby. In lieu of separate policies, the Developer may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein. Upon written request by the EDA, the Developer agrees to deposit with the EDA a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. ARTICLE VI Payment of Taxes; Use of Tax Increment Section 6.1. Taxes. The Developer agrees that prior to the Termination Date: (i) it will not seek administrative or judicial review of the applicability of any tax statute determined by any Tax Official to be applicable to the Minimum Improvements or the Development Property or raise the inapplicability of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; (ii) it will not seek administrative or judicial review of the constitutionality of any tax statute determined by any Tax Official to be applicable to the Minimum Improvements or the Development Property or raise the unconstitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; and (iii) it will not cause a reduction in the assessed value of the Minimum Improvements or the Development Property through: (a) willful destruction of the Minimum Improvements or any part thereof; (b) an application to the commissioner of revenue of the State or to any local taxing jurisdiction requesting an abatement or deferral of real estate taxes on the Minimum Improvements or the Development Property; (c) a transfer of the Minimum Improvements or the Development Property, or any part thereof, to an entity exempt from the payment of real estate taxes under State law and that entity applies for tax exemption; or (d) any other proceedings, whether administrative, legal or equitable, with any administrative body within the County or the State or with any court of the State or the federal government. Section 6.2. Right to Collect Delinquent Taxes and Special Assessments. The Developer acknowledges that at all times prior to the Termination Date the EDA shall have the right to sue the Developer or its successors and assigns to collect delinquent real estate taxes and any penalty or interest thereon and special assessments due on the Development Property or the Minimum Improvements and to pay over the same as a tax payment to the County auditor. In any such suit in which the EDA prevails, the EDA shall also be entitled to recover its reasonable out-of-pocket costs and expenses, including attorney fees. 13 CH135\62\706685.v3 Section 6.3. Housing District; Use of Tax Increment. TIF District No. 12 is a housing tax increment financing district within the meaning of section 469.174, subd. 11 of the TIF Act. Except for payments to the Developer as provided for in this Agreement and the Note, the EDA shall be free to use any Tax Increment it receives from the County with respect to TIF District No. 12 for any purpose for which such increment may lawfully be used under the TIF Act and the EDA shall have no obligations to the Developer with respect to the use of such Tax Increment. ARTICLE VII Restrictions on Sale of Minimum Improvements; Termination of Agreement Section 7.1. Prohibition Against Sale of Minimum Improvements. (a) The Developer represents and agrees that its use of the Development Property and its other undertakings pursuant to the Agreement, are, and will be, used for the purpose of construction of the Minimum Improvements on the Development Property and not for speculation in land holding. The Developer represents and agrees that, prior to the issuance of a Certificate of Completion regarding the Minimum Improvements, there shall be no Sale of the Development Property or the Minimum Improvements constructed thereon nor shall the Developer suffer any such Sale to be made, without the prior written approval of the EDA; provided however, notwithstanding the foregoing, the Developer shall be entitled to lease Rental Housing Units of the Development Property to third parties without the prior written approval of the EDA. As a condition of approval of any such sale, the EDA shall require, at a minimum, that the proposed transferee shall have entered into an agreement whereby the transferee expressly assumes all of the Developer’s obligations under this Agreement. Any such agreement shall include the EDA as a party and otherwise be in form and substance reasonably acceptable to the EDA. No approval of the EDA shall be needed for any Sale after the issuance of a Certificate of Completion regarding the Minimum Improvements. (b) Notwithstanding anything in this Agreement to the contrary, Developer is authorized, without the approval of EDA, to obtain construction and permanent financing for the Minimum Improvements and to mortgage the Development Property to provide security for the construction and permanent financing, and the EDA is authorized to subordinate this Agreement to such mortgage. In the event of foreclosure, deed-in-lieu of foreclosure or other transfer of the Minimum Improvements or the Development Property as a result of default under such mortgage, the acquiring party shall not need the approval of the EDA for the transfer and shall not be subject to the obligations of this Agreement. (c) After a Certificate of Completion has been issued, Developer or other transferor may freely, without the approval of EDA, sell or transfer all or any portion of the Minimum Improvements or the Development Property to any person at any time. In the event that the Developer or other transferor sells or transfers the Minimum Improvements or the Development Property or any portion to any person, then, within 15 days after request, the EDA shall acknowledge and certify certain facts in connection with this Agreement and the status of obligations of Developer/transferor under this Agreement. The EDA shall provide this certification to Developer/transferor and any potential buyer or transferee of the Minimum 14 CH135\62\706685.v3 Improvements or the Development Property or any portion. The certification shall reference the following: (1) that the Developer/transferor and transferee may rely on the representations and agreements made by the EDA in the certification; (2) the status of the completion of the construction obligations of the Minimum Improvements; (3) the amount of payments made under the Note and the outstanding principal balance of the Note, if any, and that any amounts owed under the Note will be paid to Developer and not the transferee unless the rights under the Note are specifically assigned to the transferee; (4) that the Developer and not the transferee remains responsible for construction obligations under this Agreement, and that transferee and any subsequent owners of the Minimum Improvements or the Development Property are released from all construction obligations under this Agreement; (5) that the transferee and not the Developer/transferor shall be responsible for all non-construction obligations under this Agreement arising subsequent to the sale or transfer of the Minimum Improvements or the Development Property for the portion of the Development Property owned by the transferee so long as the transferee has assumed such obligations by written instrument, and that the Developer/transferor is released from all such non-construction obligations under this Agreement; and (6) whether or not there exists any defaults, events of default, or conditions which with the passage of time or giving of notice would constitute a default under this Agreement. Section 7.2. Termination of Agreement. Upon the occurrence of the Termination Date, the parties agree to execute and record a document terminating this Agreement. ARTICLE VIII Events of Default Section 8.1. Events of Default Defined. Each and every one of the following shall be an Event of Default under this Agreement: (a) Failure by the Developer to seek approval from the EDA, the City and other entities necessary in order to construct the Minimum Improvements diligently and in good faith; provided that if a Certificate of Completion is issued by the EDA, such failure shall no longer be an Event of Default; (b) Failure of the Developer to pay real estate taxes or special assessments on the Minimum Improvements or the Development Property as they become due; (c) Failure by the Developer to commence and completion construction of the Minimum Improvements pursuant to the terms, conditions and limitations of Article IV of this Agreement, including the timing thereof, unless such failure is caused by an Unavoidable Delay or waived by the Developer and the EDA; (d) If there is an event of default by the Developer under the Site Plan Agreement; (e) If the Developer shall file a petition in bankruptcy, or shall make an assignment for the benefit of its creditors or shall consent to the appointment of a receiver; 15 CH135\62\706685.v3 (f) If there is a violation by the Developer of the Declaration with regard to the required income or age limitations or if the Developer fails to deliver the annual rent and income reports required by the Declaration; (g) Sale of the Minimum Improvements or the Development Property, or any portion thereof, by the Developer in violation of Article VII of this Agreement; (h) Any action or inaction by the Developer which disqualifies the TIF District as a housing district under the TIF Act prior to the Termination Date; or (i) Failure by either party to observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement, including but not limited to any action necessary for the establishment of the TIF District. Section 8.2. Remedies on Default. Whenever any Event of Default referred to in section 8.1 of this Agreement occurs, the non-defaulting party may take any one or more of the following actions after providing 30 days written notice to the defaulting party of the Event of Default, but only if the Event of Default has not been cured within said 30 days from the receipt of Notice or, if the Event of Default is by its nature incurable within 30 days, the defaulting party does not provide assurances to the non-defaulting party reasonably satisfactory to the non- defaulting party that the Event of Default will be cured and will be cured as soon as reasonably possible: (a) Suspend its performance under this Agreement until it receives assurances from the defaulting party, deemed adequate by the non-defaulting party, that the defaulting party will cure its default and continue its performance under this Agreement; (b) Prior to issuance of the Certificate of Completion, cancel and rescind or terminate this Agreement; (c) If the default occurs after issuance of the Certificate of Completion, the EDA may suspend payments under the Note, subject to the provisions of section 8.3 of this Agreement; (d) Suspend payments under the Note upon the Developer’s failure to provide annual rental and income reports required under the Declaration within 30 days of the date they are due or terminate the Note if the reports are not provided within six months of the date they are due, subject to the right to contest matters in good faith as provided in section 4.5(f) of this Agreement; and (e) Take whatever action, including legal or administrative action, which may appear necessary or desirable to the non-defaulting party to collect any payments due under this Agreement, including reimbursement of the Redevelopment Assistance previously granted, or to enforce performance and observance of any obligation, agreement, or covenant of the defaulting party under this Agreement. 16 CH135\62\706685.v3 Section 8.3. Remedies after Certificate of Completion. The EDA may exercise its rights under Section 8.2(c) only for the following Events of Default: (1) the Developer fails to pay real estate taxes or special assessments on the Minimum Improvements or the Development Property or any part thereof when due and the taxes or special assessments have not been paid, or provision satisfactory to the EDA made for their payment, within 45 days after written demand by the EDA to do so; or (2) the Developer takes or permits an action prohibited by section 6.1 of this Agreement; or (3) the Developer takes an action or fails to take an action which disqualifies the TIF District as a housing district under the TIF Act prior to the Termination Date; or (4) the Developer transfers the Minimum Improvements or the Development Property, or any part thereof, to an entity exempt from the payment of real estate taxes under State law. Section 8.4. No Remedy Exclusive. No remedy conferred herein or reserved to the parties is intended to be exclusive of any other available remedy or remedies, but each and every remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the EDA or the Developer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required under this Agreement. Section 8.5. No Additional Waiver Implied by One Waiver. In the event any covenant or agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. ARTICLE IX Additional Provisions Section 9.1. Conflict of Interests; Representatives Not Individually Liable. No member, official, or employee of the EDA shall have any personal financial interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his or her personal financial interests or the interests of any corporation, partnership, or association in which he or she is, directly or indirectly, interested. No member, official, or employee of the EDA shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach or for any amount which may become due or on any obligations under the terms of this Agreement. 17 CH135\62\706685.v3 Section 9.2. Equal Employment Opportunity. The Developer, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in this Agreement, it will comply with all applicable equal employment and nondiscrimination laws and regulations. Section 9.3. Restrictions on Use. The Developer agrees that through the Termination Date it will use the Minimum Improvements for only such uses as permitted under the City’s land use regulations and in compliance with the City Approvals. Section 9.4. Notices and Demands. Except as otherwise expressly provided in this Agreement, any notice, demand, or other communication under the Agreement or any related document by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified United States mail, postage prepaid, return receipt requested, or delivered personally to: (a) in the case of the Developer: Lakes at Chanhassen, LLC 350 Highway 7, Suite 218 Excelsior, MN 55331 Attn: Todd M. Simning (b) in the case of the EDA: Chanhassen Economic Development Authority 7700 Market Boulevard Chanhassen, MN 55317 Attn: Executive Director and with a copy to: Kennedy & Graven, Chartered 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 Attn: Ronald H. Batty or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this section 9.4. Section 9.5. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 9.6. Disclaimer of Relationships. The Developer acknowledges that nothing contained in this Agreement nor any act by the EDA or the Developer shall be deemed or construed by the Developer or by any third person to create any relationship of third-party beneficiary, principal and agent, limited or general partner, or joint venture between the EDA and the Developer. Section 9.7. Amendment. This Agreement may be amended only by the written agreement of the parties. 18 CH135\62\706685.v3 Section 9.8. Recording; Agreement Runs with the Land. The EDA intends to record this Agreement among the County land records and the Developer agrees to pay for the cost of recording same. This Agreement runs with the Development Property and shall bind the successors and assigns of the EDA and the Developer. Section 9.9. Release and Indemnification Covenants. a) Except for any negligent act of the following named parties, the Developer hereby releases from and covenants and agrees that the EDA, and its governing body members, officers, agents, servants, and employees (the “Indemnified Parties”) shall not be liable for, and hereby agrees to indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements. b) The aforesaid indemnification shall not apply to willful misrepresentation or any willful or wanton misconduct or negligence of the EDA. c) Except for any negligent or willful act of the EDA, the Indemnified Parties shall not be liable for any damage or injury to the persons or property of the Developer or its partners, officers, agents, servants or employees or any other person who may be about the Minimum Improvements or the Minimum Improvements due to any act of negligence of any person. Section 9.10. Titles of Articles and Sections. Any titles of the several parts, articles, and sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 9.11. Governing Law; Venue. This Agreement shall be construed in accordance with the laws of Minnesota. Any dispute arising from this Agreement shall be heard in the State or federal courts of Minnesota, and all parties waive any objection to the jurisdiction thereof, whether based on convenience or otherwise. Section 9.12. Fees and Charges. The Developer agrees to pay the EDA for all fees or costs for legal, financial advisory, engineering, planning or other staff time for preparation of the TIF Plan and related documents and analysis, drafting or negotiating this Agreement and for reviewing any plans regarding the Minimum Improvements submitted in satisfaction of this Agreement. ******************** 19 CH135\62\706685.v3 IN WITNESS WHEREOF, the EDA and the Developer have caused this Agreement to be duly executed in their names and behalves on or as of the date first above written. THE CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY By: Its President By: Its Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF _________ ) The foregoing instrument as acknowledged before me this _____ day of ____________, 2021, by _______________________ and ___________________, the President and Executive Director, respectively, of the Chanhassen Economic Development Authority, a public body corporate and politic under the laws of Minnesota, on behalf of the Economic Development Authority. ____________________________________ Notary Public 20 CH135\62\706685.v3 LAKES AT CHANHASSEN, LLC By: ___________________________ Todd M. Simning, Manager STATE OF MINNESOTA ) ) ss. COUNTY OF _________ ) The foregoing instrument was executed before me this _____ day of _______________, 2021, by Todd M. Simning, the Manager of Lakes at Chanhassen, LLC, a Minnesota limited liability company, on behalf of the company. ____________________________________ Notary Public A-1 CH135\62\706685.v3 EXHIBIT A TO DEVELOPMENT AGREEMENT LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY Lot 2, Block 1, Powers Ridge Apartment Homes 2nd Addition, Carver County, Minnesota. The property’s PID Number is 25.636.0020. B-1 CH135\62\706685.v3 EXHIBIT B TO DEVELOPMENT AGREEMENT LIST OF PRELIMINARY PLANS The following constitute the Preliminary Plans of the Minimum Improvements: 1. Site Plan prepared by CivilSite Group dated December 4, 2020 2. Grading, Drainage and Erosion Control Plans prepared by CivilSite Group dated December 4, 2020 3. Landscaping Plan prepared by CivilSite Group dated December 4, 2020 4. Utility Plans prepared by CivilSite Group dated December 4, 2020 5. SWPPP prepared by CivilSite Group dated December 4, 2020 6. Architectural Plans prepared by Tushie Montgomery Architects dated December 4, 2020 C-1 CH135\62\706685.v3 EXHIBIT C TO DEVELOPMENT AGREEMENT FORM OF CERTIFICATE OF COMPLETION WHEREAS, the Chanhassen Economic Development Authority, a public body corporate and politic under the laws of Minnesota (the “EDA”), and Lakes at Chanhassen, LLC, a Minnesota limited liability company (the “Developer”), have entered into a certain Contract for Private Development (the “Agreement”) dated the ____ day of ____________, 2021, and recorded in the office of the County Recorder in Carver County, Minnesota, as Document No. __________, which Agreement contained certain covenants and restrictions regarding completion of the Minimum Improvements, as defined in the Agreement; and WHEREAS, the Developer has performed said covenants and conditions in a manner deemed sufficient by the EDA to permit the execution and recording of this certification. NOW, THEREFORE, this is to certify that all construction of the Minimum Improvements specified to be done and made by the Developer has been completed and the County Recorder in Carver County, Minnesota, is hereby authorized to accept for recording and to record the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions relating to completion of the Minimum Improvements. Dated: _______________. CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY By: Its President By: Its Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF _________ ) The foregoing instrument as acknowledged before me this _____ day of ____________, 202__, by _______________________ and ___________________, the President and Executive Director, respectively, of the Chanhassen Economic Development Authority, a public body corporate and politic under the laws of Minnesota, on behalf of the Economic Development Authority. ____________________________________ Notary Public D-1 CH135\62\706685.v3 EXHIBIT D TO DEVELOPMENT AGREEMENT FORM OF AUTHORIZING RESOLUTION WITH NOTE CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. ______ RESOLUTION APPROVING THE ISSUANCE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF ITS TAXABLE TAX INCREMENT REVENUE NOTE, SERIES 201__ IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,065,000 BE IT RESOLVED BY the Chanhassen Economic Development Authority (the “EDA”), as follows: Section 1. Authorization; Award of Sale. 1.01. Authorization. The EDA has heretofore approved the establishment of Tax Increment Financing District No. 12 (the “TIF District”) within the Downtown Chanhassen Redevelopment Project Area (“Redevelopment Project”), and has adopted a tax increment financing plan for the purpose of financing certain improvements within the Redevelopment Project. Pursuant to Minnesota Statutes, Section 469.178, the EDA is authorized to issue and sell its bonds for the purpose of financing a portion of the public development costs of the Minimum Improvements and Development Property in the Redevelopment Project. The bonds are payable from all or any portion of revenues derived from the Minimum Improvements and the Development Property in the TIF District and pledged to the payment of the bonds. The EDA hereby finds and determines that it is in the best interests of the EDA that it issue and sell its taxable Tax Increment Revenue Note, Series 201__ (the “Note”), in the aggregate principal amount of $3,065,000, for the purpose of financing certain public costs of the Redevelopment Project. 1.02. Agreement Approved; Issuance, Sale and Terms of the Note. The EDA has previously approved the Contract for Private Development (the “Agreement”) between the EDA and Lakes at Chanhassen, LLC, a Minnesota limited liability company (the “Owner”), and authorized the Executive Director and President to execute the Agreement. Pursuant to the Agreement, the Note will be issued to the Owner. The Note will be dated as of the date of delivery and will bear no interest. In exchange for the EDA’s issuance of the Note to the Owner, the Owner will pay certain costs related to the Minimum Improvements (the Qualifying Costs, as defined in the Agreement) pursuant to Section 3.2 of the Agreement. The Note will be delivered in the D-2 CH135\62\706685.v3 principal amount of $3,065,000 for reimbursement of the Owner’s costs in accordance with the terms of Sections 3.2 and 3.3 of the Agreement. Section 2. Form of Note. The Note will be in substantially the following form, with the blanks to be properly filled in and the principal amount and payment schedule adjusted as of the date of issue: UNITED STATE OF AMERICA STATE OF MINNESOTA CARVER COUNTY CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY No. R-1 $3,065,000 TAXABLE TAX INCREMENT REVENUE NOTE SERIES 202__ Date Rate of Original Issue Zero% __________ The Chanhassen Economic Development Authority (the “EDA”), for value received, certifies that it is indebted and hereby promises to pay to Lakes at Chanhassen, LLC, or registered assigns (the “Owner”), the principal sum of $3,065,000 with no interest thereon, as and to the extent set forth herein. 1. Payments. Principal (“Payments”) will be paid on August 1, 2023, and each February 1 and August 1 thereafter until the earlier of payment in full or February 1, 2042 (“Payment Dates”), in the amounts and from the sources set forth in Section 3 herein. Payments are payable by mail to the address of the Owner or any other address as the Owner may designate upon 30 days written notice to the EDA. Payments on this Note are payable in any coin or currency of the United States of America which, on the Payment Date, is legal tender for the payment of public and private debts. 2. No Interest. No interest will be paid on this Note. 3. Available Tax Increment. Payments on this Note are payable on each Payment Date in the amount of and solely payable from “Available Tax Increment,” which will mean, on each Payment Date, 90 percent of the Tax Increment attributable to the Development Property and Minimum Improvements (as defined in the Agreement) and paid to the EDA by Carver County in the six months preceding the Payment Date, all as the terms are defined in the Contract for Private Development between the EDA and Owner dated as of ______________, 2021 (the “Agreement”). Available Tax Increment will not include any Tax Increment if, as of any Payment Date, there is an uncured Event of Default by the Owner under the Agreement. D-3 CH135\62\706685.v3 The EDA will have no obligation to pay principal on this Note on each Payment Date from any source other than Available Tax Increment, and the failure of the EDA to pay the entire amount of principal on this Note on any Payment Date will not constitute a default hereunder as long as the EDA pays principal to the extent of Available Tax Increment. The EDA will have no obligation to pay unpaid balance of principal that may remain after the final Payment on February 1, 2042. 4. Optional Prepayment. The principal sum payable under this Note is pre-payable in whole or in part at any time by the EDA without premium or penalty. No partial prepayment will affect the amount or timing of any other regular payment otherwise required to be made under this Note. 5. Suspension of Payment for Default. At the EDA’s option, the EDA’s obligation to make any payments under this Note will be suspended upon the occurrence of an Event of Default on the part of the Developer as defined in Section 8.1 of the Agreement, but only if the Event of Default has not been cured in accordance with Section 8.2 of the Agreement. 6. Nature of Obligation. This Note is a single note in the total principal amount of $3,065,000 issued to aid in financing certain public costs of a Redevelopment Project undertaken by the EDA pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended, and is issued pursuant to an authorizing resolution (the “Resolution”) duly adopted by the EDA on ______________, 201__, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 to 469.179, as amended. This Note is a limited obligation of the EDA which is payable solely from Available Tax Increment pledged to the payment hereof under the Resolution. This Note will not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the EDA or the city of Chanhassen. Neither the State of Minnesota, nor any political subdivision thereof will be obligated to pay the principal of this Note or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of this Note or other costs incident hereto. 7. Estimated Tax Increment Payments. Any estimates of Tax Increment prepared by the EDA or its financial advisors in connection with the TIF District or the Agreement are for the benefit of the EDA, and are not intended as representations on which the Owner may rely. THE EDA MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABLE TAX INCREMENT WILL BE SUFFICIENT TO PAY THE PRINCIPAL OF THIS NOTE. 8. Registration and Transfer. As provided in the Resolution, and subject to certain limitations set forth herein, this Note is issuable only as a fully registered note without coupons. This Note is transferable upon the books of the EDA kept for that purpose at the principal office of the Executive Director of the EDA as Registrar, by the Owner hereof in person or by the Owner’s attorney duly authorized in writing, upon surrender of this Note together with a written instrument of transfer satisfactory to the EDA, duly executed by the Owner. Upon the transfer or D-4 CH135\62\706685.v3 exchange and the payment by the Owner of any tax, fee, or governmental charge required to be paid by the EDA with respect to the transfer or exchange, there will be issued in the name of the transferee a new Note of the same aggregate principal amount and maturing on the same dates. This Note may be transferred, assigned or pledged without the approval of the EDA; provided that this Note will not be transferred to any person other than an affiliate, or other related entity, of the Owner unless the EDA has been provided with an investment letter in a form substantially similar to the investment letter submitted by the Owner or a certificate of the transferor, in a form satisfactory to the EDA, that the transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. Notwithstanding anything to the contrary in this Note, in no event will a lender providing funds to the Developer and taking an assignment of the Note as security for such funds be required to sign an investment letter at either the time of execution of an assignment or transfer of the Note as a result of the assignment. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed in order to make this Note a valid and binding limited obligation of the EDA according to its terms, have been done, do exist, have happened, and have been performed in due form, time and manner as so required. IN WITNESS WHEREOF, the board of commissioners of the Chanhassen Economic Development Authority, has caused this Note to be executed with the manual signatures of its President and Executive Director, all as of the Date of Original Issue specified above. CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY President Executive Director D-5 CH135\62\706685.v3 REGISTRATION PROVISIONS The ownership of the unpaid balance of the within Note is registered in the bond register of the Executive Director of the EDA, in the name of the person last listed below. Date of Registration Registered Owner Signature of EDA Executive Director Lakes at Chanhassen, LLC 350 Highway 7, Suite 218 Excelsior, MN 55331 Attn: Todd M. Simning Federal Tax ID #___________ [End of Form of Note] Section 3. Terms, Execution and Delivery. 3.01. Denomination, Payment. The Note will be issued as a single typewritten note numbered R-1. The Note will be issuable only in fully registered form. Principal of the Note will be payable by check or draft issued by the Registrar described herein. 3.02. Dates. Principal of the Note will be payable by mail to the owner of record thereof as of the close of business on the fifteenth day of the month preceding the Payment Date, whether or not the day is a business day. 3.03. Registration. The EDA hereby appoints the Executive Director to perform the functions of registrar, transfer agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of the EDA and the Registrar with respect thereto will be as follows: (a) Register. The Registrar will keep at her office a bond register in which the Registrar will provide for the registration of ownership of the Note and the registration of transfers and exchanges of the Note. (b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form reasonably satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, a new Note of a like aggregate principal amount and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note will not be transferred to any person other than an affiliate, or other related entity, of the Owner unless the EDA has been provided with an investment letter in a form substantially similar to the investment letter submitted by the Owner or a certificate of the transferor, in a form satisfactory to the EDA, that the transfer is exempt from registration and prospectus delivery requirements of federal and D-6 CH135\62\706685.v3 applicable state securities laws. The Registrar may close the books for registration of any transfer after the fifteenth day of the month preceding each Payment Date and until the Payment Date. (c) Cancellation. The Note surrendered upon any transfer will be promptly cancelled by the Registrar and thereafter disposed of as directed by the EDA. (d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until she is satisfied that the endorsement on the Note or separate instrument of transfer is legally authorized. The Registrar will incur no liability for her refusal, in good faith, to make transfers which she, in her judgment, deems improper or unauthorized. (e) Persons Deemed Owners. The EDA and the Registrar may treat the person in whose name the Note is at any time registered in the bond register as the absolute owner of the Note, whether the Note is overdue or not, for the purpose of receiving payment of, or on account of, the principal of the Note and for all other purposes, and all the payments so made to any registered owner or upon the owner’s order will be valid and effectual to satisfy and discharge the liability of the EDA upon the Note to the extent of the sum or sums so paid. (f) Taxes, Fees and Charges. For every transfer or exchange of the Note, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or other governmental charge required to be paid with respect to the transfer or exchange. (g) Mutilated, Lost, Stolen or Destroyed Note. In case the Note becomes mutilated or is lost, stolen, or destroyed, the Registrar will deliver a new Note of like amount, maturity dates and tenor in exchange and substitution for and upon cancellation of the mutilated Note or in lieu of and in substitution for the Note lost, stolen, or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it that the Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the EDA and the Registrar will be named as obligees. The Note so surrendered to the Registrar will be cancelled by her and evidence of the cancellation will be given to the EDA. If the mutilated, lost, stolen, or destroyed Note has already matured or been called for redemption in accordance with its terms, it will not be necessary to issue a new Note prior to payment. 3.04. Preparation and Delivery. The Note will be prepared under the direction of the Executive Director and will be executed on behalf of the EDA by the signatures of its President and Executive Director. In case any officer whose signature appears on the Note ceases to be the officer before the delivery of the Note, the signature will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. When the Note has been so executed, it will be delivered by the EDA to the Owner following the delivery of the necessary items delineated in Section 3.3 of the Agreement. D-7 CH135\62\706685.v3 Section 4. Security Provisions. 4.01. Pledge. The EDA hereby pledges to the payment of the principal of the Note all Available Tax Increment as defined in the Note. Available Tax Increment will be applied to payment of the principal of the Note in accordance with the terms of the form of Note set forth in Section 2 of this resolution. 4.02. Bond Fund. Until the date the Note is no longer outstanding and no principal thereof (to the extent required to be paid pursuant to this resolution) remains unpaid, the EDA will maintain a separate and special “Bond Fund” to be used for no purpose other than the payment of the principal of the Note. The EDA irrevocably agrees to appropriate to the Bond Fund in each year Available Tax Increment. Any Available Tax Increment remaining in the Bond Fund will be transferred to the EDA’s account for the TIF District upon the payment of all principal to be paid with respect to the Note. Section 5. Certification of Proceedings. 5.01. Certification of Proceedings. The officers of the EDA are hereby authorized and directed to prepare and furnish to the Owner of the Note certified copies of all proceedings and records of the EDA, and the other affidavits, certificates, and information as may be required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all the certified copies, certificates, and affidavits, including any heretofore furnished, will be deemed representations of the EDA as to the facts recited therein. Section 6. Effective Date. This resolution will be effective upon execution by the President and Executive Director following authorization by the board of commissioners of the EDA. Adopted by the board of commissioners of the Chanhassen Economic Development Authority, this ____ day of ________, 202___. President Executive Director E-1 CH135\62\706685.v3 EXHIBIT E TO DEVELOPMENT AGREEMENT FORM OF INVESTMENT LETTER To the Chanhassen Economic Development Authority (the “EDA”) Attention: Executive Director Dated: __________________, 201__ Re: $3,065,000 Tax Increment Revenue Note (Lakes at Chanhassen Project) The undersigned, as Purchaser of $3,065,000 in principal amount of the above-captioned Tax Increment Revenue Note (Lakes at Chanhassen Project) (the “Note”), approved by the Board of Commissioners of the Chanhassen Economic Development Authority on ______________, 202__, hereby represents to you and to Kennedy & Graven, Chartered, Minneapolis, Minnesota, as legal counsel to the EDA, as follows: 1. We understand and acknowledge that the Note is delivered to the Purchaser on this date pursuant to the Contract for Private Development by and between the EDA and the Purchaser dated __________________, 2021 (the “Agreement”). 2. The Note is payable solely from Available Tax Increment pledged to the Note, as defined therein. 3. We have sufficient knowledge and experience in financial and business matters, including purchase and ownership of municipal obligations, to be able to evaluate the risks and merits of the investment represented by the purchase of the above-stated principal amount of the Note. 4. We acknowledge that no offering statement, prospectus, offering circular or other comprehensive offering document or disclosure containing material information with respect to the EDA and the Note has been issued or prepared by the EDA, and that, in due diligence, we have made our own inquiry and analysis with respect to the EDA, the Note and the security therefor, and other material factors affecting the security and payment of the Note. 5. We acknowledge that we have either been supplied with or have access to information, including financial statements and other financial information, to which a reasonable investor would attach significance in making investment decisions, and we have had the opportunity to ask questions and receive answers from knowledgeable individuals concerning the EDA, the Note and the security therefor, and that as reasonable investors we have been able to make our decision to purchase the above-stated principal amount of the Note. E-2 CH135\62\706685.v3 6. We have been informed that the Note (i) is not being registered or otherwise qualified for sale under the “Blue Sky” laws and regulations of any state, or under federal securities laws or regulations, (ii) will not be listed on any stock or other securities exchange, and (iii) will carry no rating from any rating service. 7. We acknowledge that the EDA and Kennedy & Graven, Chartered, as legal counsel to the EDA, have not made any representations or warranties as to the status of payments on the Note for the purpose of federal or state income taxation. 8. We represent to you that we are purchasing the Note for our own account and not for resale or other distribution thereof, except to the extent otherwise provided in the Note or as otherwise approved in writing by the EDA. 9. All capitalized terms used herein have the meaning provided in the Agreement unless the context clearly requires otherwise. 10. The Purchaser’s federal tax identification number is __________________. 11. We acknowledge receipt of the Note on the date hereof. IN WITNESS WHEREOF, the undersigned has executed this Investment Letter as of the date and year first written above. LAKES AT CHANHASSEN, LLC By: ___________________________ Todd M. Simning, Manager STATE OF MINNESOTA ) ) ss. COUNTY OF___________ ) The foregoing instrument was executed before me this _____ day of _______________, 2021, by Todd M. Simning, the Manager of Lakes at Chanhassen, LLC, a Minnesota limited liability company, on behalf of the company. ____________________________________ Notary Public F-1 CH135\62\706685.v3 EXHIBIT F TO DEVELOPMENT AGREEMENT FORM OF DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS, dated this ___ day of _____________, 2021 (the “Declaration”), by Lakes at Chanhassen, LLC, a Minnesota limited liability company (the “Developer”), is given for the benefit of the Chanhassen Economic Development Authority, a public body corporate and politic under the laws of Minnesota (the “EDA”). RECITALS WHEREAS, the EDA and the Developer entered into that certain Contract for Private Development, dated __________, 2021, (the “Agreement”); and WHEREAS, pursuant to the Agreement, the Developer is obligated to cause construction of 110-unit three-story senior apartment building, and all related amenities and improvements (the “Project”) to be located on the property described in Exhibit A attached hereto (the “Development Property”), and to cause compliance with certain affordability covenants described in Section 4.5 of the Agreement; and WHEREAS, Section 4.5 of the Agreement requires that the Developer cause to be executed an instrument in recordable form substantially reflecting the covenants set forth in that section of the Agreement; and WHEREAS, the Developer intends, declares, and covenants that the restrictive covenants set forth herein will be and are covenants running with the Development Property for the term described herein and binding upon all subsequent owners of the Development Property for the term described herein, and are not merely personal covenants of the Developer; and WHEREAS, capitalized terms in this Declaration have the meaning provided in the Agreement unless otherwise defined herein. NOW, THEREFORE, in consideration of the promises and covenants hereinafter set forth, and of other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Developer agrees as follows: 1. Term of Restrictions. (a) Occupancy and Rental Restrictions. The term of the Occupancy Restrictions set forth in Section 3 of this Declaration will commence on the date a certificate of occupancy is received from the City for all Rental Housing Units on the Development Property and continue through the Declaration Termination Date defined below (the “Qualified Project Period”). F-2 CH135\62\706685.v3 (b) Termination of Declaration. This Declaration shall terminate upon the earlier of (i) the date the TIF District is terminated in accordance with the TIF Act or (ii) the date (A) the Note is paid in full or the EDA cancels the Note upon a written request for termination by the Developer and (B) the EDA determines, in its sole discretion, that such termination will not limit or interfere with the EDA’s ability to pool Tax Increment generated within the TIF District for affordable housing in accordance with the TIF Act. In addition, in the event of foreclosure or transfer of title by deed in lieu of foreclosure, upon completion of the foreclosure and expiration of the applicable mortgagee redemption period, or recording of a deed in lieu of foreclosure, any mortgagee (or any assignee of the mortgagee) or any purchasers at or after foreclosure thereof, by the successful bidder at the sale, to the title to the Development Property, may terminate this Declaration, by providing written notice to the EDA and by filing a termination document in the applicable real property records in Carver County, and thereafter this Declaration shall be of no further force and effect; provided, however, that the preceding provisions of this sentence shall cease to apply and the restrictions contained herein shall be reinstated if, at any time subsequent to the termination of this Declaration as the result of the foreclosure, or the delivery of a deed in lieu of foreclosure, or a similar event, the Developer or any related person (within the meaning of Section 1.103-10(e) of the Treasury Regulations) obtains an ownership interest in the Project for federal income tax purposes. Each of the events set forth in the first two paragraphs of this Section 1(b) are referred to individually and collectively herein as the “Declaration Termination Date.” The Developer acknowledges, on behalf of itself and its successors and assigns that, upon any termination of this Declaration prior to the payment in full of the Note, the EDA will terminate the Note. (c) Removal from Real Estate Records. After the Declaration Termination Date of this Declaration, the EDA will, upon request by the Developer or its assigns, file any document appropriate to remove this Declaration from the real estate records of Carver County, Minnesota. 2. Project Restrictions. (a) The Developer represents, warrants, and covenants that: (i) All leases of Rental Housing Units to Qualifying Tenants (as defined in Section 3(a) hereof) will contain clauses, among others, wherein each individual lessee: (1) Certifies the accuracy of the statements made in its application and Eligibility Certification (as defined in Section 3(b) hereof); and (2) Agrees that the family income at the time the lease is executed will be deemed a substantial and material obligation of the lessee’s tenancy; that the lessee will comply promptly with all requests for income and other information relevant to determining low or moderate income status from the Developer or the EDA, and that the lessee’s failure or refusal to comply with a request for information with respect thereto will be deemed a violation of a substantial obligation of the lessee’s tenancy. F-3 CH135\62\706685.v3 (b) The Developer will permit any duly authorized representative of the EDA to inspect the books and records of the Developer pertaining to the income of Qualifying Tenants residing in the Project. 3. Occupancy Restrictions. The Developer represents, warrants, and covenants that: (a) Qualifying Tenants. Throughout the Qualified Project Period, (i) all of the Rental Housing Units shall be occupied by at least one person who is at least 55 years of age at the time of initial occupancy and shall be otherwise administered in accordance with 42 USC Section 3607(b) and Minnesota Statutes, Section 363A.21, subdivision 2; and (ii) at least 50 (44%)% of the Rental Housing Units shall be occupied (or treated as occupied as provided herein) or held vacant and available for occupancy by Qualifying Tenants. “Qualifying Tenants” means those persons and families who are determined from time to time by the Developer to have combined adjusted income that does not exceed 60% of the median income for the standard metropolitan statistical area which includes Chanhassen, Minnesota, as that figure is determined and announced from time to time by HUD, as adjusted for family size (the “Median Income”) for the applicable calendar year. For purposes of this definition, the occupants of a Rental Housing Unit will not be deemed to be Qualifying Tenants if all the occupants of such Rental Housing Unit at any time are “students,” as defined in Section 152(f)(2) of the Internal Revenue Code of 1986, as amended (the “Code”), not entitled to an exemption under the Code. The determination of whether an individual or family is of low or moderate income will be made at the time the tenancy commences and on an ongoing basis thereafter, determined at least annually. If during their tenancy a Qualifying Tenant’s income exceeds 140% of the Median Income, the next available Rental Housing Unit (determined in accordance with the Code and applicable regulations) (the “Next Available Unit Rule”) must be leased to a Qualifying Tenant or held vacant and available for occupancy by a Qualifying Tenant. If the Next Available Unit Rule is violated, the Rental Housing Unit will not continue to be treated as a Qualifying Unit. (b) Certification of Tenant Eligibility. As a condition to initial and continuing occupancy, each person who is intended to be a Qualifying Tenant will be required annually to sign and deliver to the Developer a Certification of Tenant Eligibility substantially in the form attached as Exhibit B hereto, or in any other form as may be approved by the EDA (the “Eligibility Certification”), in which the prospective Qualifying Tenant certifies as to having a qualifying low or moderate income. In addition, at least one person in each Rental Housing Unit shall certify as to being 55 years of age or older. The Qualifying Tenant will be required to provide whatever other information, documents, or certifications are deemed necessary by the EDA to substantiate the Eligibility Certification, on an ongoing annual basis, and to verify that the tenant continues to be a Qualifying Tenant within the meaning of Section 3(a) hereof. Eligibility Certifications will be maintained for the duration of the Qualified Project Period on file by the Developer with respect to each Qualifying Tenant who resides in a Rental Housing Unit or resided therein during the Qualified Project Period. (c) Lease. The form of lease to be utilized by the Developer in renting any Rental Housing Units in the Project to any person who is intended to be a Qualifying Tenant will provide for termination of the lease and consent by the person to immediate eviction for failure to qualify as a Qualifying Tenant as a result of any material misrepresentation made by the person with respect to the Eligibility Certification. The Developer covenants and agrees that during the Qualified Project F-4 CH135\62\706685.v3 Period it will not increase the rent charged to any tenant of a Rental Housing Unit within the Project during such tenant’s lease term and, at any rate, will not increase the rent charged to any tenant more than once in any 6-month period. (d) Annual Report. The Developer covenants and agrees that during the term of this Declaration, it will prepare and submit to the EDA on or before July 1 of each year, a certificate substantially in the form of Exhibit C attached hereto, executed by the Developer, (a) identifying the tenancies and the dates of occupancy (or vacancy) for all Qualifying Tenants in the Project, including the number and percentage of the Rental Housing Units of the Project which were occupied by Qualifying Tenants (or held vacant and available for occupancy by Qualifying Tenants) at all times during the year preceding the date of the certificate; (b) describing all transfers or other changes in ownership of the Project or any interest therein; and (c) stating, that to the best knowledge of the person executing the certificate after due inquiry, all the Rental Housing Units were rented or available for rental on a continuous basis during the year to members of the general public and that the Developer was not otherwise in default under this Declaration during the year. (e) Notice of Non-Compliance. The Developer will immediately notify the EDA if at any time during the term of this Declaration fewer than 50 (44%)% of the Rental Housing Units in the Project are occupied or available for occupancy as required by the terms of this Declaration. 4. Transfer Restrictions. The Developer covenants and agrees that the Developer will cause or require as a condition precedent to any conveyance, transfer, assignment, or any other disposition of the Project prior to the termination of the Occupancy Restrictions provided herein (the “Transfer”) that the transferee of the Project pursuant to the Transfer assume in writing, in a form acceptable to the EDA, all duties and obligations of the Developer under this Declaration, including this Section 4, in the event of a subsequent Transfer by the transferee prior to expiration of the Rental Restrictions and Occupancy Restrictions provided herein (the “Assumption Agreement”). The Developer will deliver the Assumption Agreement to the EDA prior to the Transfer. 5. Enforcement. (a) The Developer will permit, during normal business hours and upon reasonable notice, any duly authorized representative of the EDA to inspect any books and records of the Developer regarding the Project with respect to the incomes of Qualifying Tenants. (b) The Developer will submit any other information, documents or certifications requested by the EDA which the EDA deems reasonably necessary to substantiate the Developer’s continuing compliance with the provisions specified in this Declaration. (c) The Developer acknowledges that the primary purpose for requiring compliance by the Developer with the restrictions provided in this Declaration is to ensure compliance of the property with the housing affordability covenants set forth in Section 4.5 of the Agreement, and by reason thereof, the Developer, in consideration for assistance provided by the EDA under the Agreement that makes possible the construction of the Project (as defined in the Agreement) on the Development Property, hereby agrees and consents that the EDA will be entitled, for any breach of the provisions of this Declaration, and in addition to all other remedies provided by law or in equity, to enforce F-5 CH135\62\706685.v3 specific performance by the Developer of its obligations under this Declaration in a state court of competent jurisdiction. The Developer hereby further specifically acknowledges that the EDA cannot be adequately compensated by monetary damages in the event of any default hereunder. (d) The Developer understands and acknowledges that, in addition to any remedy set forth herein for failure to comply with the restrictions set forth in this Declaration, the EDA may exercise any remedy available to it under Article VIII of the Agreement. 6. Indemnification. The Developer hereby indemnifies, and agrees to defend and hold harmless, the EDA from and against all liabilities, losses, damages, costs, expenses (including attorneys’ fees and expenses), causes of action, suits, allegations, claims, demands, and judgments of any nature arising from the consequences of a legal or administrative proceeding or action brought against them, or any of them, on account of any failure by the Developer to comply with the terms of this Declaration, or on account of any representation or warranty of the Developer contained herein being untrue. 7. Agent of the EDA. The EDA will have the right to appoint an agent to carry out any of its duties and obligations hereunder, and will inform the Developer of any agency appointment by written notice. 8. Severability. The invalidity of any clause, part or provision of this Declaration will not affect the validity of the remaining portions thereof. 9. Notices. All notices to be given pursuant to this Declaration must be in writing and will be deemed given when mailed by certified or registered mail, return receipt requested, to the parties hereto at the addresses set forth below, or to any other place as a party may from time to time designate in writing. The Developer and the EDA may, by notice given hereunder, designate any further or different addresses to which subsequent notices, certificates, or other communications are sent. The initial addresses for notices and other communications are as follows: To the EDA: Chanhassen Economic Development Authority 7700 Market Boulevard Chanhassen, MN 55317 Attn: Executive Director and with a copy to: Kennedy & Graven, Chartered 150 South Fifth Street Suite 700 Minneapolis, MN 55402 Attn: Ronald H. Batty To the Developer: Lakes at Chanhassen, LLC 350 Highway 7, Suite 218 Excelsior, MN 55331 Attn: Todd M. Simning F-6 CH135\62\706685.v3 10. Governing Law. This Declaration is governed by the laws of the State of Minnesota and, where applicable, the laws of the United States of America. 11. Attorneys’ Fees. In case any action at law or in equity, including an action for declaratory relief, is brought against the Developer to enforce the provisions of this Declaration, the Developer agrees to pay the reasonable attorneys’ fees and other reasonable expenses paid or incurred by the EDA in connection with the action. 12. Declaration Binding. This Declaration and the covenants contained herein will run with the Development Property and will bind the Developer and its successors and assigns and all subsequent owners of the Development Property or any interest therein, and the benefits will inure to the EDA and its successors and assigns until the Declaration Termination Date of this Declaration as provided in Section 1(b) hereof. * * * * * * F-7 CH135\62\706685.v3 IN WITNESS WHEREOF, the Developer has caused this Declaration of Restrictive Covenants to be signed by its respective duly authorized representatives, as of the day and year first written above. LAKES AT CHANHASSEN, LLC By: Todd M. Simning, Manager STATE OF MINNESOTA ) ) SS. COUNTY OF ________ ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2021, by Todd M. Simning, the Manager of Lakes at Chanhassen, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Kennedy & Graven, Chartered (RHB) 150 South Fifth Street Suite 700 Minneapolis, MN 55402 (612) 337-9300 F-8 CH135\62\706685.v3 This Declaration is acknowledged and consented to by: CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of _____________, 2021, by _____________ and ____________, the President and Executive Director, respectively, of the Chanhassen Economic Development Authority, a public body corporate and politic under the laws of Minnesota, on behalf of the EDA. Notary Public F-A-1 CH135\62\706685.v3 Exhibit A to Declaration of Restrictive Covenants Description The land subject to the foregoing Restrictive Covenants is legally described as follows: Lot 2, Block 1, Powers Ridge Apartment Homes 2nd Addition, Carver County, Minnesota. F-B-1 CH135\62\706685.v3 Exhibit B to Declaration of Restrictive Covenants Certification of Tenant Eligibility TENANT INCOME CERTIFICATION Initial Certification Recertification Other _______________ Effective Date: _________________________ Move-in Date: __________________________ (MM/DD/YY): _________________________ PART I. DEVELOPMENT DATA Property Name: ____________ Senior Apartments Address: ___________________, Chanhassen, Minnesota County: Carver Unit Number: ________________ BIN #: _______________ # Bedrooms: ___________ PART II. HOUSEHOLD COMPOSITION HH Br # Last Name First Name & Middle Initial Relationship to Head of Household Date of Birth (MM/DD/YY) F/T Student (Y or N) Social Security or Alien Reg. No. 1 HEAD 2 3 4 5 6 PART III. GROSS ANNUAL INCOME (USE ANNUAL AMOUNTS) HH Br # (A) Employment or Wages (B) Soc. Security / Pensions (C) Public Assistance (D) Other Income TOTAL $ $ $ $ Add totals from (A) through (D) above TOTAL INCOME (E): $ F-B-2 CH135\62\706685.v3 PART IV. INCOME FROM ASSETS HH Mbr# (F) Type of Asset (G) C/I (H) Cash Value of Asset (I) Annual Income from Asset TOTALS: $ $ Enter Column (H) Total Passbook Rate if over $5,000 $________________ x 2.00 % = (J) Imputed Income Enter the greater of the total column I, or J: imputed income TOTAL INCOME FROM ASSETS (K) $ $ (L) Total Annual Household Income from all sources [Add (E) + (K)] $ HOUSEHOLD CERTIFICATION & SIGNATURES The information on this form will be used to determine maximum income eligibility. I/we have provided for each person(s) set forth in Part II acceptable verification of current anticipated annual income. I/we agree to notify the landlord immediately upon any member of the household moving out of the unit or any new member moving in. I/we agree to notify the landlord immediately upon any member becoming a full-time student. Under penalties of perjury, I/we certify that the information presented in this Certification is true and accurate to the best of my/our knowledge and belief. The undersigned further understands that providing false representations herein constitutes an act of fraud. False, misleading or incomplete information may result in the termination of the lease agreement. _________________________ Signature ____________________ (Date) _________________________ Signature ____________________ (Date) _________________________ Signature ____________________ (Date) _________________________ Signature ____________________ (Date) PART V. DETERMINATION OF INCOME ELIGIBILITY TOTAL ANNUAL HOUSEHOLD INCOME FROM ALL SOURCES From Item (L) on page 1 Current Income Limit per Family Size: $ _________________ Household Income at Move-in $__________________ Household Meets Income Restriction at: 60% 50% 40% 30% ___% RECERTIFICATION ONLY: Current Income Limit x 140% $ __________________________________ Household income exceeds 140% at recertification: Yes No Household Size at Move-in: _____________ $ F-B-3 CH135\62\706685.v3 PART VI. RENT Not Applicable PART VII. STUDENT STATUS ARE ALL OCCUPANTS FULL-TIME STUDENTS? yes no If yes, enter student explanation** (also attach documentation) Student explanation: 1. TANF assistance 2. Job training program 3. Single parent/dependent child 4. Married/joint return* *Exception for married/joint return is the only exception available for units necessary to qualify tax-exempt bonds. PART VIII. PROGRAM TYPE Mark the program(s) listed below (a. through e.) for which this household’s unit will be counted toward the property’s occupancy requirements. Under each program marked, indicate the household’s income status as established by this certification/recertification a. Tax Credit b. HOME c. Tax Exempt d. AHDP e. ____________ (Name of Program) See Part V above. Income Status Income Status Income Status Income Status ≤ 50% AMGI ≤ 60% AMGI ≤ 80% AMGI ≤ 0I ** 50% AMGI 60% AMGI 80% AMGI 0I ** ≤ 50% AMGI ≤ 80% AMGI ≤ 0I ** __________ __________ ≤ 0I ** ** Upon recertification, household was determined over income (OI) according to eligibility requirements of the program(s) marked above. SIGNATURE OF OWNER / REPRESENTATIVE Based on the representations herein and upon the proofs and documentation required to be submitted, the individual(s) named in Part II of this Tenant Income Certification is/are eligible under the provisions of Section 42 of the Internal Revenue Code, as amended, and the Regulatory Agreement (if applicable), to live in a unit in this Project. ________________________________________________ ________________ SIGNATURE OF OWNER / REPRESENTATIVE DATE Enter 1-4 F-B-4 CH135\62\706685.v3 INSTRUCTIONS FOR COMPLETING TENANT INCOME CERTIFICATION This form is to be completed by the owner or an authorized representative. Part I – Development Data Check the appropriate box for Initial Certification (move-in), Recertification (annual recertification), or Other. If Other, designate the purpose of the recertification (i.e., a unit transfer, a change in household composition, or other state-required recertification). Move-in Date Enter the date the tenant has or will take occupancy of the unit. Effective Date Enter the effective date of the certification. For move-in, this should be the move-in date. For annual recertification, this effective date should be no later than one year from the effective date of the previous (re)certification. Property Name Enter the name of the development. County Enter the county (or equivalent) in which the building is located. BIN # Enter the Building Identification Number (BIN) assigned to the building (from IRS Form 8609). Address Enter the street address. Unit Number Enter the unit number. # Bedrooms Enter the number of bedrooms in the unit. Part II – Household Composition List all occupants of the unit. State each household member’s relationship to the head of the household by using one of the following coded definitions: H Head of household S Spouse A Adult co-tenant O Other family member C Child F Foster child L Live-in caretaker N None of the above Enter the date of birth, student status, and Social Security number or alien registration number for each occupant. If there are more than seven occupants, use an additional sheet of paper to list the remaining household members and attach it to the certification. F-B-5 CH135\62\706685.v3 Part III – Annual Income See HUD Handbook 4350.3 for complete instructions on verifying and calculating income, including acceptable forms of verification. From the third party verification forms obtained from each income source, enter the gross amount anticipated to be received for the 12 months from the effective date of the (re)certification. Complete a separate line for each income-earning member. List the respective household member number from Part II. Column (A) Enter the annual amount of wages, salaries, tips, commissions, bonuses, and other income from employment; distributed profits and/or net income from a business. Column (B) Enter the annual amount of Social Security, Supplemental Security Income, pensions, military retirement, etc. Column (C) Enter the annual amount of income received from public assistance (i.e., TANF, general assistance, disability, etc.) Column (D) Enter the annual amount of alimony, child support, unemployment benefits, or any other income regularly received by the household. Row (E) Add the totals from columns (A) through (D) above. Enter this amount. Part IV – Income from Assets See HUD Handbook 4350.3 for complete instructions on verifying and calculating income from assets, including acceptable forms of verification. From the third party verification forms obtained from each asset source, list the gross amount anticipated to be received during the 12 months from the effective date of the certification. List the respective household member number from Part II and complete a separate line for each member. Column (F) List the type of asset (i.e., checking account, savings account, etc.) Column (G) Enter C (for current, if the family currently owns or holds the asset), or I (for imputed, if the family has disposed of the asset for less than fair market value within two years of the effective date of (re)certification). Column (H) Enter the cash value of the respective asset. Column (I) Enter the anticipated annual income from the asset (i.e., savings account balance multiplied by the annual interest rate). F-B-6 CH135\62\706685.v3 TOTALS Add the total of Column (H) and Column (I), respectively. If the total in Column (H) is greater than $5,000, you must do an imputed calculation of asset income. Enter the Total Cash Value, multiply by 2% and enter the amount in (J), Imputed Income. Row (K) Enter the Greater of the total in Column (I) or (J) Row (L) Total Annual Household Income from All Sources Add (E) and (K) and enter the total F-C-7 CH135\62\706685.v3 Exhibit C to Declaration of Restrictive Covenants Certificate of Continuing Program Compliance Date: ___________________ The following information with respect to the Project located at __________________, Chanhassen, Minnesota (the “Project”), is being provided by Lakes at Chanhassen, LLC (the “Owner”) to the Chanhassen Economic Development Authority (the “EDA”), pursuant to that certain Declaration of Restrictive Covenants, dated the ____ day of ____________, 2021 (the “Declaration”), with respect to the Project: (A) The total number of Rental Housing Units which are available for occupancy is 110. The total number of these units occupied is _________________. (B) The following Rental Housing Units (identified by unit number) are currently occupied by “Qualifying Tenants” as the term is defined in the Declaration (for a total of 50 units): Small one bedroom One bedroom One bedroom plus den Two bedroom Two bedroom plus den (C) The following Rental Housing Units which are included in (B) above, have been re-designated as Rental Housing Units for Qualifying Tenants since _______________, 20___, the date on which the last “Certificate of Continuing Program Compliance” was filed with the EDA by the Owner: Unit Number Previous Designation of Unit (if any) Replacing Unit Number ___________ _________________ _________________ ___________ _________________ _________________ F-C-8 CH135\62\706685.v3 (D) The following Rental Housing Units are considered to be occupied by “Qualifying Tenants”, as the term is defined in the Declaration based on the information set forth below (for a total of at least 50 units): Unit Number Last Name of Tenant Number of Persons Residing in the Unit Number of Bedrooms Total Adjusted Gross Income Date of Initial Occupancy Age Date Vacated and Held for Qualifying Tenants, if Applicable 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 [expand to cover 99 units for Qualifying Tenants] (E) The Owner has obtained a “Certification of Tenant Eligibility,” in the form provided as Exhibit B to the Declaration, from each Tenant named in (D) above, and each such Certificate is being maintained by the Owner in its records with respect to the Project. Attached hereto is the most recent “Certification of Tenant Eligibility” for each Tenant named in (D) above who signed such a Certification since ______________, 20___, the date on F-C-9 CH135\62\706685.v3 which the last “Certificate of Continuing Program Compliance” was filed with the EDA by the Owner. (F) In renting the Rental Housing Units in the Project, the Owner has not given preference to any particular group or class of persons (except for persons who qualify as Qualifying Tenants and persons meeting the minimum age restrictions); and none of the units listed in (D) above has been rented for occupancy entirely by students, no one of which is entitled to file a joint return for federal income tax purposes. All of the Rental Housing Units in the Project have been rented pursuant to a written lease, and the term of each lease is at least 12 months. (G) The information provided in this “Certificate of Continuing Program Compliance” is accurate and complete, and no matters have come to the attention of the Owner which would indicate that any of the information provided herein, or in any “Certification of Tenant Eligibility” obtained from the Tenants named herein, is inaccurate or incomplete in any respect. (H) The Project is in continuing compliance with the Declaration. (I) At least one person in each Rental Housing Unit certified as to being 55 years of age or older. (J) The Owner certifies that as of the date hereof at lease 50 (44%)% of the residential dwelling units in the Project are occupied or held open for occupancy by Qualifying Tenants, as defined and provided in the Declaration. (K) The Project is in continuing compliance with the Declaration. IN WITNESS WHEREOF, I have hereunto affixed my signature, on behalf of the Owner, on ____________________, 20__. LAKES AT CHANHASSEN, LLC By: ____________________________ Its: ____________________________ Initial Demand Assessment for Senior Rental Housing in Chanhassen, Minnesota Subject site Location: 1361 Lake Drive, Chanhassen, Minnesota Prepared for: Todd Simning Prepared by: Viewpoint Consulting Group Date: July 9, 2020 Viewpoint Consulting Group, Inc. / 6931 87th Lane / Greenfield, MN 55373 P. 763-273-4303 / www.viewpointconsult.com Viewpoint Consulting Group, Inc. / 6931 87th Lane / Greenfield, MN 55373 P. 763-273-4303 / www.viewpointconsult.com July 9, 2020 To: Todd Simning From: Jay Thompson Viewpoint Consulting Group, Inc. RE: Initial Demand Assessment for Senior Rental Housing in Chanhassen, Minnesota Introduction This memorandum provides an initial assessment of the demand for senior housing in Chanhassen, Minnesota. The purpose of this initial assessment is to broadly assess the depth of demand for senior rental housing, including market rate and affordable units, in the local area to determine if potential exists to support a new development. As we understand, the location for the proposed development is a parcel at 1361 Lake Drive. Included in this initial assessment is a demand calculation for affordable (at 60% AMI) and market rate rental housing that is age restricted to age 55+ households. Potential demand is calculated based on analysis of the income/asset-qualified target market for senior housing and the supply of competitive senior housing units serving the primary market area. The ability of the subject development to capture unmet market area demand is discussed in this assessment and recommendations on monthly achievable rents are provided. A full market feasibility study, which examines in greater detail the desirability of the subject site and competitive properties and would also provide detailed reco mmendations on a project concept and absorption projections, could be conducted at a later date. Senior Housing Demand Assessment: Chanhassen, MN Viewpoint Consulting Group, Inc. Page 2 July 9, 2020 Primary Market Area Definition The subject site (“Site”) for the proposed senior housing development is in Chanhas sen, on a parcel at 1361 Lake Drive. This location is just off Powers Boulevard, between Highway 5 and Highway 212. Chanhassen is a suburban community of 26,557 people (2020 estimate). It is located in Carver County, just west of Eden Prairie (pop. 64,893) and just east of Chaska (pop. 26,989). Highways 5 and 212 are the primary arteries connecting Chanhassen to the remainder of the Twin Cities Metro Area. Chanhassen is an appealing community in which a new housing development will draw many residents currently living outside the community. Based on the characteristics of Chanhassen, community orientation, proximity to other senior housing properties in the surrounding area, and our knowledge of senior housing draw areas, it is estimated that a market rate senior rental housing development on the Site in Chanhassen would attract approximately 75% of its residents from a draw area (Primary Market Area, or “PMA”) that includes the census tracts listed below. Because of a greater shortage of affordable housing metrowide, affordable housing would likely attract a higher proportion of residents from outside the PMA (two -thirds from within the PMA and one-third from outside the PMA). Chanhassen Eden Prairie 905.01 260.13 905.02 260.14 905.03 260.21 906.01 260.22 906.02 907.01 Chaska 907.02 909 The PMA comprises an area that extends approximately a three-mile radius of the Site. The remaining portion of senior housing demand (25% for market rate and 33% for affordable) would come from outside the PMA, particularly parents of adult children living in the PMA as well as seniors living in nearby suburbs. A map of the PMA is shown on the following page. Senior Housing Demand Assessment: Chanhassen, MN Viewpoint Consulting Group, Inc. Page 3 July 9, 2020 Primary Market Area Senior Housing Demand Assessment: Chanhassen, MN Viewpoint Consulting Group, Inc. Page 4 July 9, 2020 Demographic Analysis Tables 1 through 5 on Pages 6 through 8 show key economic and demographic variables related to the demand for senior housing in the PMA (age distribution of the senior population and household base, senior household income, senior homeownership rates, and estimated home values). This demographic and home value data is from ESRI, a national demographics firm. The key demographic and economic findings are summarized on the following pages. Senior Population and Household Trends  The total population in the PMA was estimated at 54,749 in 2020. The population increased by 10.6% from 2000 to 2010. The growth stemmed from new housing construction that resulted in the addition of 1,819 households during the decade.  While the overall population in the PMA increased by 10.6% last decade, the senior population (age 65+) grew by 90.6%, increasing from 3,355 in 2010 to 6,396 seniors in 2020. Seniors ages 75+ are a primary target market for senior rental housing. This group increased by 47.4% in the PMA last decade (to 1,885 in 2020).  Between 2020 and 2025, the age 65+ senior population is projected to grow by another 2,746 persons (+42.9%). The age group 75 and over is projected to grow at an even greater growth rate over the next five years. It is projected to grow by 47.6%, resulting in the addition of 897 older seniors. Senior Household Incomes  Incomes in the PMA are above average compared to the Twin Cities Metro Area, meaning an above average proportion of seniors should be able to afford market rate housing. The estimated median income of age-65-to-74-households in the PMA in 2020 is $91,470, compared to the Twin Cities Metro Area’s median of $69,060 for this age group. The estimated median income of age 75+ households in the PMA in 2020 is $54,498, compared to the Metro Area’s median of $42,332 for this age group.  The target market for market rate senior rental housing is generally senior households age 65 and older with incomes of at least $50,000 (plus some lower-income senior homeowners). By allocating 40% of their income toward rent, seniors with this income could afford gross rents beginning at approximately $1,600. Seniors can allocate a higher proportion of their income toward rent since they generally have fewer expenses than younger households. In 2020, an estimated 2,783 households age 65 and older have incomes of at least $50,000. This is about three-quarters of all age-65+ households. Senior Housing Demand Assessment: Chanhassen, MN Viewpoint Consulting Group, Inc. Page 5 July 9, 2020  One-person senior households with incomes below about $43,000 would income-qualify for rental housing affordable at 60% of area median income (and couples with incomes below about $50,000). Income-limits (2020 limits for projects placed in service after 4/1/20) for the Low Income Housing Tax Credit program (LIHTC) from the Minnesota Housing Finance Agency are shown below. 2020 LIHTC Income Limits 1 Person 2 Person 30% $21,720 $26,840 50% $36,200 $41,400 60% $43,440 $49,680 2020 LIHTC Maximum Gross Rents at 60% AMI Studio $1,086 1BR $1,164 2BR $1,396 3BR $1,613 Senior Household Tenure  Seniors who own their homes have an additional source of income through the sale of their home that can be utilized for alternative housing. Seniors in the PMA have a slightly higher homeownership rate compared to the Twin Cities Metro Area (78.3% for 65+ households compared to 75.8% metrowide). Home Value Trends  Seniors can use the proceeds from the sale of their home to offset the cost of senior housing. The median home value in the PMA is above average compared to the Twin Cities Metro Area (estimated at $398,471 in 2020, compared to $280,679 metrowide).  A senior selling their home for $398,000 could receive an investment return of approximately $920 monthly from the sale (sale price minus 7% sales agent fees, and a 3% annual return on their investment). Senior Housing Demand Assessment: Chanhassen, MN Viewpoint Consulting Group, Inc. Page 6 July 9, 2020 Table 1 Senior Population Growth Trends and Projections Primary Market Area 2000 to 2025 Table 2 Senior Household Growth Trends and Projections Primary Market Area 2000 to 2025 Age 2000 2010 2020 2025 No.Pct. 55 to 59 1,413 3,634 5,294 4,295 -999 -18.9% 60 to 64 886 2,150 4,137 4,609 472 11.4% 65 to 69 607 1,307 2,848 3,791 943 33.1% 70 to 74 460 769 1,663 2,569 906 54.5% 75 to 79 318 506 941 1,467 526 55.9% 80 to 84 167 409 473 764 291 61.5% 85+146 364 471 551 80 17.0% Total 65+1,698 3,355 6,396 9,142 2,746 42.9% Total 75+631 1,279 1,885 2,782 897 47.6% Total Population 44,030 49,491 54,749 56,999 2,250 4.1% City of Chanhassen 20,321 22,934 26,557 28,104 1,547 5.8% Carver County 70,205 91,042 108,499 118,897 10,398 9.6% Twin Cities Metro Area 2,642,062 2,849,567 3,138,873 3,293,284 154,411 4.9% Sources: ESRI; Census Bureau; Viewpoint Consulting Group, Inc. Change, 2020 to 2025 Age 2000 2010 2020 2025 No.Pct. 55 to 64 1,426 3,484 5,244 4,741 -503 -9.6% 65 to 74 636 1,283 2,589 3,469 880 34.0% 75+442 886 1,179 1,652 473 40.1% Total 65+1,078 2,169 3,768 5,121 1,353 35.9% Total Households 14,740 17,635 19,454 20,240 786 4.0% City of Chanhassen 6,914 8,345 9,702 10,310 608 6.3% Carver County 24,356 32,891 39,118 42,856 3,738 9.6% Twin Cities Metro Area 1,021,456 1,117,749 1,225,905 1,285,299 59,394 4.8% Sources: ESRI; Census Bureau; Viewpoint Consulting Group, Inc. Change, 2020 to 2025 Senior Housing Demand Assessment: Chanhassen, MN Viewpoint Consulting Group, Inc. Page 7 July 9, 2020 Table 3 Household Incomes by Age of Householder Primary Market Area 2020 and 2025 Income 55 - 64 65-74 75+ <$15,000 151 75 135 $15,000 to $24,999 120 81 97 $25,000 to $34,999 117 125 117 $35,000 to $49,999 180 203 152 $50,000 to $74,999 326 446 327 $75,000 to $99,999 452 501 95 $100,000 to $149,999 1,197 506 135 $150,000+2,701 652 121 Total 5,244 2,589 1,179 Median HH Income $153,221 $91,470 $54,498 Chanhassen Median HH Income $150,036 $91,537 $53,197 Carver County Median HH Income $110,086 $79,128 $47,921 Twin Cities Metro Median HH Income $93,530 $69,060 $42,332 Income 55 - 64 65-74 75+ <$15,000 112 82 162 $15,000 to $24,999 84 83 113 $25,000 to $34,999 88 132 149 $35,000 to $49,999 132 234 209 $50,000 to $74,999 210 473 394 $75,000 to $99,999 337 588 138 $100,000 to $149,999 966 704 229 $150,000+2,812 1,173 258 Total 4,741 3,469 1,652 Median HH Income $171,742 $107,047 $59,513 Chanhassen Median HH Income $163,257 $103,597 $58,301 Carver County Median HH Income $121,939 $87,517 $52,313 Twin Cities Metro Median HH Income $103,165 $77,234 $46,716 Sources: ESRI; Viewpoint Consulting Group, Inc. 2020 Households by Age 2025 Households by Age Senior Housing Demand Assessment: Chanhassen, MN Viewpoint Consulting Group, Inc. Page 8 July 9, 2020 Table 4 Tenure by Age of Householder Primary Market Area 2010 Table 5 Estimated Home Values Primary Market Area 2020 Households No.Pct.No.Pct. Age 55 to 64 3,307 94.9%177 5.1% Age 65 to 74 1,159 90.3%124 9.7% Age 75 to 84 435 71.2%176 28.8% Age 85+105 38.2%170 61.8% Total 5,006 88.6%647 11.4% Total Age 65+1,699 78.3%470 21.7% Total Age 75+540 60.9%346 39.1% Twin Cities Metro Area Age 65+75.8%24.2% Age 75+68.6%31.4% Sources: ESRI; Viewpoint Consulting Group, Inc. Owners Renters Median Average Home Value Home Value PMA $398,471 $462,515 Chanhassen $403,553 $478,032 Carver County $333,694 $387,344 Twin Cities Metro Area $280,679 $333,896 Sources: ESRI; Viewpoint Consulting Group, Inc. Senior Housing Demand Assessment: Chanhassen, MN Viewpoint Consulting Group, Inc. Page 9 July 9, 2020 Senior Housing Supply Senior Housing Defined Senior housing encompasses a wide variety of product types. The properties that include the lowest level of services are adult properties, which offer virtually no support services or health care, but restrict tenancy to those age 55 and over. Adult properties can be rental or owner - occupied (attached or detached townhomes, condominiums and cooperatives). Congregate properties, better known as independent living, offer support services such as meals and housekeeping. These services are either included in the rent or offered a-la-carte so that residents can choose whether or not to pay for them. Independent living projects attract an older and frailer senior population than adult properties (generally seniors age 75 and over). The most service-intensive housing types are assisted living, memory care, and enhanced care suites as they offer the highest level of services short of a nursing home. Some of the typical services they provide are meals, housekeeping, linen changes, personal laundry, 24-hour emergency response and a wide range of personal-care and therapeutic services. The meals and services are built into the monthly fee, charged through a tiered service package or offered a-la-carte. Competitive Senior Housing Properties Table 6 shows the inventory of senior housing properties that would provide competition to a new rental development on the Site in Chanhassen. For each competitive property, Table 6 provides information on location, year built, total number of units, wheth er or not it is located in the PMA, its distance from the Site, its estimated competitiveness and its total competitive units. The competitive percentage is a measure of draw area overlap and is estimated based on a property’s distance from the Site, its location within or near the PMA, its community orientation (i.e., its estimated primary draw area), and unique characteristics of the property. The following are key highlights about the competitive supply.  A total of six competitive properties were identified in and near the PMA. One is affordable and the other five are market rate. Combined, the properties have a total of 358 units. However, only two of the properties are located in the PMA (Centennial Hill and Powers Ridge) and accounting for draw area overlap, the properties in Table 6 supply the PMA with 65 competitive affordable units and 106 competitive market rate units.  Powers Ridge Senior Living is the closest competitive property. It is adjacent to the subject Site. It was built in 2017 and consists of 76 market rate units in a three-story building. Because of its proximity to the Site, it is fully competitive. Powers Ridge is the only market rate property in the PMA. The next closest competitive property is Sterling Ponds in Eden Prairie. Sterling Ponds consists of two 26-year-old buildings – one being general-occupancy and the other senior. While there are three properties in Shakopee, they are south of the Minnesota River in Scott County, and would only be marginally competitive. Altogether, the Senior Housing Demand Assessment: Chanhassen, MN Viewpoint Consulting Group, Inc. Page 10 July 9, 2020 properties in Table 6 supply the Site with 106 competitive units, not including some competitive overlap with Centennial Hill, a property affordable at 100% AMI. Table 6 Competitive Senior Housing Supply Primary Market Area July 2020  Centennial Hill is the only competitive affordable property located in the PMA. Centennial Hill is a 65-unit building by the Carver County CDA that has income-limits set at 100% of AMI. Because of the high income-limit, Centennial Hill would have some market overlap with a market rate property. Thus, later in this assessment, half the units are subtracted from affordable demand calculations and half from market rate demand calculations.  There are other senior housing properties in and near the PMA. However , they are either congregate/assisted living (e.g., Mission Hill and Summerwood of Chanhassen) or subsidized (e.g., The Landings, Talheim and Waybury in Chaska). These subsidized (income-qualified residents pay 30% of their income for rent) and congregate/assisted living properties would not be competitive with market rate age 55+ rental housing that does not offer services. Miles Percent Year Number In the from Comp-Compet- Property Name Location Built of Units PMA Site etitive1 itive Units Centennial Hill**Chanhassen 1996 65 Yes 1.3 100%65 Subtotal 65 65 Powers Ridge Senior Living Chanhassen 2017 76 Yes 0.1 100%76 Sterling Ponds Eden Prairie 1990 56 No 4.1 40%22 Northridge Court Shakopee 2004 58 No 5.7 5%3 River City Shakopee 1998 52 No 5.7 5%3 The Henderson Shakopee 2016 51 No 6.0 5%3 Subtotal 293 106 Source: Viewpoint Consulting Group, Inc. Affordable* Market Rate 1 Percent Competitive is estimated by the researcher based on the competitive property's distance from the subect Site, location within/near the PMA, its community orientation, and specific characteristics unique to the property. * Affordable properties exclude subsidized properties in which very low income seniors pay 30% of their adjusted gross income for rent. ** Centennial Hill is a Carver County CDA property that is income restricted at 100% of AMI. Senior Housing Demand Assessment: Chanhassen, MN Viewpoint Consulting Group, Inc. Page 11 July 9, 2020 Senior Rental Properties In and Near the PMA Centennial Hill Sterling Pond Northridge Court River City Apts. The Henderson Powers Ridge Senior Living Senior Housing Demand Assessment: Chanhassen, MN Viewpoint Consulting Group, Inc. Page 12 July 9, 2020 Monthly Rents at Selected Competitive and Comparable Senior Rental Properties  Monthly rents at Powers Ridge, the only competitive property in the PMA, and two other nearby properties are shown in Table 7. Monthly rents are shown by unit type, with unit sizes also being presented. Powers Ridge has rents of $1,475 to $1,970 for one-bedroom units and $1,985 to $2,200 for two-bedroom units. These rents include all utilities. Rents at Powers Ridge are higher than at Sterling Ponds and The Henderson, the closest market rate senior rental properties to the Site. At Sterling Ponds, which is a 1990 building, rents are $1,040 to $1,290 for one-bedroom units and $1,160 to $1,560 for two-bedroom units. The Henderson is a property by the Scott County CDA. It opened in 2016 and has rents of $1,049 to $1,065 for one-bedroom units and $1,374 to $1,391 for two-bedroom units.  Table 7 includes three market rate, 55+ rental properties that are scheduled to open in the Twin Cities Metro Area in 2020. They are The Elmwood in St. Louis Park, The Hendrickson in Falcon Heights, and The Heights in Mendota Heights. They are similar in size, ranging from 63 units at The Heights to 70 units at The Elmwood. Rents at these three properties average $1,525 for one-bedroom units and $2,215 for two-bedroom units. Their rents include heat, water/sewer, trash, and recycling.  Centennial Hill has income-limits at 100% of AMI, which is $70,000 for one-person and $80,000 for two-person households. Rents are $934 to $937 for one-bedroom units and $1,246 for two-bedroom units. Rents include water/sewer, trash, and heat.  The most recently developed senior rental properties affordable at 60% AMI in the Twin Cities Metro Area have been by Dominium. Two of these properties, Grainwood in Prior Lake and The Legends of Apple Valley, are shown in Table 7. Grainwood has 168 units that opened in 2017. Rents are $1,097 for one-bedroom units, $1,313 for two-bedroom units, and $1,532 for three-bedroom units. Legends of Apple Valley has 163 units that opened in 2018. Rents are $1,109 for one-bedroom units, $1,328 for two-bedroom units, and $1,530 for three-bedroom units. Rents at both these properties are the maximum allowable for LIHTC properties at 60% AMI. Common areas at the property are numerous; they include a community room, fitness center, craft/card room, underground parking , outdoor dog run, theater room, and outdoor patio. Senior Housing Demand Assessment: Chanhassen, MN Viewpoint Consulting Group, Inc. Page 13 July 9, 2020 Table 7 Summary of Monthly Rents Competitive/Comparable Senior Housing Properties, July 2020 Income Property Name Limit Comments Powers Ridge Senior MR 1BR 709 -1,041 $1,475 -$1,970 1321 Lake Dr.1BR+D 1,065 -1,065 $1,985 -$1,985 Chanhassen 2BR 1,066 -1,175 $1,985 -$2,200 3BR 1,426 -1,453 $2,360 -$2,400 The Henderson MR Stu 551 -551 $794 -$812 500 Sommerville St. S 1BR 698 -698 $1,049 -$1,065 Shakopee 1BR+D 825 -902 $1,191 -$1,235 2BR 1,071 -1,071 $1,374 -$1,391 3BR 1,332 -1,332 $1,706 -$1,722 Sterling Ponds MR 1BR 634 -918 $1,040 -$1,290 16355 Wagner Way 1R+D 972 -972 $1,390 -$1,500 Eden Prairie 2BR 918 1,015 $1,160 $1,560 The Elmwood MR 1BR 765 -765 $1,699 -$1,749 5605 W 36th 1BR+D 1,015 -1,135 $1,899 -$2,049 St. Louis Park 2BR 980 -1,230 $2,049 -$2,649 2BR+D 1,230 -1,230 $2,699 -$2,749 The Hendrickson MR Stu 577 -701 $1,350 -$1,475 1750 Larpenteur Ave W 1BR 716 -728 $1,495 -$1,695 Falcon Heights 2BR 1,000 -1,255 $1,925 -$2,250 The Heights MR 1BR 772 -772 $1,375 -$1,450 2180 Hwy 13 1BR+D 876 -988 $1,570 -$1,695 Mendota Heights 2BR 1,131 -1,329 $2,160 -$2,250 Centennial Hill Aff 1BR 700 -750 $934 -$937 820 Santa Vera Dr.1BR/D 976 -984 $1,160 -$1,160 Chanhassen 2BR 1,060 -1,060 $1,246 -$1,246 Grainwood Aff 1BR 726 -868 $1,097 -$1,097 5119 Gateway St. SE 2BR 892 -1,187 $1,313 -$1,313 Prior Lake 3BR 1,259 -1,297 $1,532 -$1,532 The Legends of Apple Aff 1BR 680 -811 $1,109 -$1,109 Valley 2BR 944 -1,336 $1,328 -$1,328 14050 Granite Ave 3BR 1,339 -1,546 $1,530 -$1,530 Source: Costar; Viewpoint Consulting Group, Inc. 55+ 163 units opened in 2018. Income- restricted at 60% AMI. Rent includes w/s & trash. UG parking = $60/mo. Age 55+. 76 units, opened in 2017. 3- story building with UG parking. Rent includes all utilities. Age 55+. Rent includes heat, water/sewer, & trash. UG parking available for $40/month. Comparable Market Rate Senior Rental Properties Elsewhere in the Metro Area 62+. 70 units expected to open in August 2020. UG parking $80-$150/mo. Rent includes water, heat, trash, sewer and air conditioning. Age 55+. 66 Opened in 2020. Rent includes heat, water/sewer/ and trash. UG parking = $65/mo. Comparable Affordable Senior Rental Properties Elsewhere in the Metro Area Age 55+. 63 units. Rent includes water/sewer & trash. UG parking = $55. 55+ 168 units opened in 2017. Income- restricted at 60% AMI. Rent includes w/s & trash. UG parking = $60/mo. Competitive Market Rate Senior Rental Properties In and Near the PMA 55+. Rent includes w/s, trash, & heat. UG parking is available for $40/mo. Unit Monthly Unit Mix Size (sf)Rent Age 55+. Rent includes heat, water/sewer, & trash. UG parking included. Competitive Affordable Senior Rental Properties In and Near the PMA Senior Housing Demand Assessment: Chanhassen, MN Viewpoint Consulting Group, Inc. Page 14 July 9, 2020 Monthly Rents at Newer General-Occupancy Apartments Seniors seeking rental housing as an alternative to their existing owner-occupied homes (generally a single-family home) have choices of age-restricted properties, such as those listed in Table 7, as well as general-occupancy apartments. Because some seniors may cross-shop the two product types, rents were collected at newer general-occupancy apartments in and near the PMA. Information on these general-occupancy apartments is presented in Table 8. The following are key highlights.  The most recent general-occupancy apartment in Chanhassen is Venue, which opened in 2019 at 525 West 78th Street (about two miles from the subject Site). It is a six-story building with 134 units and ground-floor retail. Venue has rents of $1,325 to $1,794 for one- bedroom units and $1,710 to $1,850 for two-bedroom units. With Venue’s smaller unit sizes, these rents equate to averages of $1.92 per square foot for one-bedroom units and $1.87 for two-bedroom units.  Before Venue, two of the more recent apartments in Chanhassen are Lake Susan Apartments and Powers Ridge, both of which opened in 2001. Powers Ridge is a condominium development adjacent to the Site that has units that are leased. Lake Susan has 162 units in three three-story buildings. Rents range from $1,261 to $1,487 for one- bedroom units to $1,608 to $1,627 for two-bedroom units. These rents equate to averages of $1.48 per square foot for one-bedroom units and $1.42 for two-bedroom units.  Lake Jonathan Flats opened in Chaska in 2019 with 117 units. Units in the four-story building have rents of $1,585 to $1,600 for one-bedroom units and $1,725 to $2,669 for two- bedroom units. Overall, these rents average $2.02 per square foot for one-bedroom units and $1.98 per square foot for two-bedroom units.  Victoria Flats is just west of Chaska, in Victoria. It opened in in 2018 with 81 units in a four- story building. Rents are $1,427 to $1,513 for one-bedroom units and $2,182 to $2,616 for two-bedroom units. Overall, these rents average $1.97 per square foot for one-bedroom units and $2.07 per square foot for two-bedroom units.  Overall, the rents at these four general-occupancy rental buildings average $1,500 for one- bedroom units and $2,000 for two-bedroom units. These are similar to rents at the three comparable 55+ rental properties in Table 7, which averaged $1,525 for one-bedroom units and $2,215 for two-bedroom units. Planned and Proposed Senior Housing Developments No new planned or proposed senior rental housing developments that may increase the future competitive supply in the PMA were identified. Thus, future demand calculations presented later in this assessment account for just the existing competitive supply identified in Table 6. Senior Housing Demand Assessment: Chanhassen, MN Viewpoint Consulting Group, Inc. Page 15 July 9, 2020 Table 8 Summary of Monthly Rents Selected General-Occupancy Apartments In the PMA July 2020 Year No. of Average Built Units Type Rent / Sq. Ft. Lake Jonathan Flats 2019 117 Stu 516 -559 $1,165 -$1,400 $2.39 3000 N Chestnut St.1BR 768 -811 $1,585 -$1,600 $2.02 Chaska 1BR+D 950 -993 $1,865 -$2,055 $2.02 2BR 951 -1,267 $1,725 -$2,669 $1.98 Lake Susan Apts 2001 162 1BR 821 -1,031 $1,261 -$1,487 $1.48 8260 Market Blvd 2BR 1,125 -1,153 $1,608 -$1,627 $1.42 Chanhassen 3BR 1,344 -1,344 $1,850 -$1,850 $1.38 Venue 2019 134 Stu 447 -447 $1,128 -$1,128 $2.52 525 W 78th St.1BR 646 -982 $1,325 -$1,794 $1.92 Chanhassen 2BR 894 -1,009 $1,710 -$1,850 $1.87 3BR 1,357 -1,357 $2,515 -$2,515 $1.85 Victoria Flats 2018 81 Stu 572 -572 $1,310 -$1,310 $2.29 1699 Steiger Lake Ln 1BR 714 -777 $1,427 -$1,513 $1.97 Victoria 1BR+D 968 -980 $1,822 -$2,000 $1.96 2BR 1,099 -1,216 $2,182 -$2,616 $2.07 Sources: Costar; Viewpoint Consulting Group, Inc. Notes: Residents pay all utilities Notes: Residents pay all utilities Notes: Residents pay all utilities ------ Unit Types, Sizes, and Rent ------ Sq. Ft.Monthly Rent Notes: Residents pay all utilities Senior Housing Demand Assessment: Chanhassen, MN Viewpoint Consulting Group, Inc. Page 16 July 9, 2020 Senior (Age 55+) Rental Demand Calculations Tables 9 and 10 provide demand calculations for the number of senior rental housing units that can be supported in the PMA in 2020 and 2025, along with an estimate on the number of units that can be captured the Site. Table 9 shows demand for affordable senior rental housing while Table 10 shows demand for market rate housing. Affordable Demand (at 60% AMI) Table 9 provides an initial demand calculation of the number of affordable senior rental units that can be supported on the Site in Chanhassen in 2020 and 2025. As shown in Table 9, unmet demand for affordable senior rental housing on a site is calculated for 98 units in 2020. Demand is projected to increase to 135 units in 2025 as the overall 65+ population is projected to grow by 42.9% over the five-year period. The following points summarize the demand methodology. The target market for affordable senior rental housing is senior households age 55+ with incomes that would qualify them for the LIHTC program at 60% AMI. These are about incomes of $32,000 to $49,000, plus homeowners with incomes between $20,000 and $3 2,000. Very low-income seniors (<$20,000) are excluded as they generally would not be able to afford contract rents at affordable properties. Very low-income seniors are a market for deep subsidized housing where they pay 30% of their income for rent. Seniors in the qualifying band would be under the maximum income limit yet could afford gross rents allowable at 60% AMI ($1,164 for one-bedroom units and $1,396 for two-bedroom units). A capture rate – or “penetration rate” – is applied to the income-qualified base of older adults and younger and older seniors. The penetration rates are based on those being achieved in other markets within the Twin Cities Metro Area. The estimated achievable penetration rates of affordable senior rental housing among income-qualified households are 1.5% for 55-to 64- year-olds, 15.0% for 65-to-74-year-olds, and 30.0% for seniors ages 75 and over. Applying the income-qualifying and capture rate percentages to the households in each age group equates to total potential demand for 130 units from seniors living in the PMA in 2020. It is estimated that seniors currently residing outside the PMA will generate 33% of the total demand for affordable senior rental housing. This demand from outside the PMA increases total demand to 194 units in 2020, increasing to 256 units in 2025. The number of existing competitive units is subtracted from the total demand. There is one affordable property in the PMA – Centennial Hill. However, it is affordable at 100% AMI, and thus has market overlap with market rate housing. Half of Centennial Hill’s 65 units, minus a 5% vacancy factor, are subtracted from the affordable demand calculations in Table 9 (the other half are subtracted from the market rate calculations in Table 10). Subtracting these units results in unmet demand for 163 units in the PMA in 2020. No planned or proposed affordable senior rental developments that would increase the PMA supply were identified. Subtracting existing units from 2025 demand results in unmet demand potential for 226 units in 2025. Senior Housing Demand Assessment: Chanhassen, MN Viewpoint Consulting Group, Inc. Page 17 July 9, 2020 Table 9 Affordable Senior Rental Housing Demand Calculation (<60% of AMI) Primary Market Area 2020 and 2025 No single location or development can capture all the demand in a draw area. Based on the geographic size of the PMA and the Site’s location within the PMA, plus the overall limited choices of affordable housing, it is estimated that the Site can capture 60% of the unmet demand potential. This results in unmet demand on a site for 98 affordable senior rental units in 2020 increasing to 135 units in 2025. 2020 2025 A 55 to 64 Households in the PMA 5,244 4,741 B Percent income-qualified*6%6% C Potential capture rate of senior rental housing 1.5%1.5% D Potential demand from 55-64 households in the PMA (A x B x C)5 4 E 65 to 74 Households in the PMA 2,589 3,469 F Percent income-qualified*13%12% G Potential capture rate of senior rental housing 15.0%15.0% H Potential demand from 65-74 households in the PMA (E x F x G)50 64 I 75+ Households in the PMA 1,179 1,652 J Percent income-qualified*21%21% K Potential capture rate of senior rental housing 30.0%30.0% L Potential demand from75+ households in the PMA (I x J x K)75 104 M Total potential market in the PMA (D + H + L)130 172 N Estimated percent of demand from outside the PMA 33%33% O Total demand for senior rental units in the PMA (M /(1- N))194 256 P Competitive senior rental housing supply 31 31 Q Unmet senior rental demand in the PMA (O - P)163 226 R Estimated percent of unmet demand capturable by subject Site 60%60% S Senior rental housing demand on the Site (Q x R)98 135 Source: Viewpoint Consulting Group, Inc. * Income-qualified households are those with incomes between $31,000 and $48,000, plus homeowners with incomes between $20,000 and $31,000. Senior Housing Demand Assessment: Chanhassen, MN Viewpoint Consulting Group, Inc. Page 18 July 9, 2020 Market Rate Demand Table 10 provides a demand calculation of the number of market rate senior rental units that can be supported on the Site in Chanhassen in 2020 and 2025. As shown in Table 10, demand is calculated for 93 units on the Site in 2025. The following points summarize the demand methodology. The target market for new market rate adult rental housing is senior households age 55+ with incomes above $50,000, plus homeowners with incomes between $35,000 and $50,000. By allocating 40% of their gross monthly income for rent, s enior households with incomes of $50,000 could afford units with rents of about $1,600. A capture rate – or “penetration rate” – is applied to the income-qualified base of older adults and younger and older seniors. The penetration rates are based on the current capture rates being achieved in other markets of the Twin Cities Metro Area. The estimated penetration rates of market rate senior rental housing that can be achieved in the PMA are 0.5% for 55-to-64-year-olds, 4.0% for 65-to-74-year-olds, and 10.0% for seniors ages 75 and over. Applying the income-qualifying and capture rate percentages to the households in each age group equates to total potential demand for 184 units from seniors living in the PMA in 2020. Based on the characteristics of the PMA, it is estimated that seniors currently residing outside the PMA will generate 25% of the total demand. This demand from outside the PMA increases total demand to 245 units in 2020, increasing to 318 units in 2025. The number of existing market rate units (minus a 5% vacancy factor) is subtracted from the total demand. There is one existing market rate property in the PMA (Powers Ridge Senior Living), and four outside the PMA that would be partially competitive. In addition, as discussed in the demand calculation for affordable senior rental housing, one property affordable at 100% AMI would be partially competitive due to market overlap (Centennial Hill). Half its units are subtracted from the demand calculations in Table 10. After subtracting existing competitive units (minus a 5% vacancy factor) from total demand, unmet demand is calculated for 113 units in the PMA in 2020. No pending developments were identified that would increase the PMA competitive supply. Subtracting existing units from 2025 demand results in unmet demand potential for 186 units. Again, no single site or development can capture all the demand in a draw area. Based on the geographic size of the PMA and the level of market rate senior rental options, it is estimated that the Site can capture 50% of the unmet market rate demand potential. This results in demand on a site for 57 market rate senior rental units in 2020, increasing to 93 units in 2025. Senior Housing Demand Assessment: Chanhassen, MN Viewpoint Consulting Group, Inc. Page 19 July 9, 2020 Table 10 Market Rate Senior Rental Housing Demand Calculation Primary Market Area 2020 and 2025 2020 2025 A Age 55 to 64 Households in the PMA 5,244 4,741 B Percent income-qualified*91%91% C Potential capture rate of senior rental housing 0.5%0.5% D Potential demand from 55-64 households in the PMA (A x B x C)24 22 E Age 65 to 74 Households in the PMA 2,589 3,469 F Percent income-qualified*85%85% G Potential capture rate of senior rental housing 4.0%4.0% H Potential demand from 65-74 households in the PMA (E x F x G)88 117 I Age 75+ Households in the PMA 1,179 1,652 J Percent income-qualified*61%61% K Potential capture rate of senior rental housing 10.0%10.0% L Potential demand from75+ households in the PMA (I x J x K)72 100 M Total potential market in the PMA (D + H + L)184 239 N Estimated percent of demand from outside the PMA 25%25% O Total demand for senior rental units in the PMA (M /(1- N))245 318 P Competitive senior rental housing supply**132 132 Q Unmet senior rental demand in the PMA (O - P)113 186 R Estimated percent of unmet demand capturable by Site 50%50% S Senior rental housing demand at Site(s) (Q x R)57 93 ** Competitive units minus a 5% vacancy factor Source: Viewpoint Consulting Group, Inc. * Income-qualified households are those with incomes above $50,000 plus homeowners with incomes between $35,000 and $50,000. Senior Housing Demand Assessment: Chanhassen, MN Viewpoint Consulting Group, Inc. Page 20 July 9, 2020 Senior (Age 55+) Rental Recommendation Based on the demographic analysis and supply of competitive properties, there is demand for up to 135 affordable units and 93 market rate units on the Site by 2025. Combined, this is 199 units, which equates to 4.5% of the projected total of 5,121 age 65+ households in the PMA in 2025, and 55% of the unmet demand in the PMA (412 affordable and market rate units). A new senior rental development should contain large sized units with high -end finishes along with common area amenities such as a community room, activity room, fitness room, and underground parking. Unit features should include washer/dryers, walk-in closets, kitchen islands, balconies, and contemporary finishes. A new development with these features and the rents as recommended in Table 11 would be positioned as the market leader in the Chanhassen area. As shown in Table 11, we recommend market rate rents ranging from $1,500 to $1,850 for one- bedroom units to $2,400 to $2,500 for three-bedroom units. With the recommended unit sizes, these rents equate to a building with an average rent of approximately $1.95 per square foot, depending on the exact unit mix. If affordable at 60% AMI, we recommend maximum allowable gross rents. Since residents would pay electricity, the recommended affordable rents in Table 11 are adjusted for a utility allowance. Table 11 Rent and Unit Size Recommendations Proposed Chanhassen Senior (55+) Rental Development July 2020 As noted in the introduction of this report, the purpose of this initial assessment is to broadly assess the depth of demand for senior housing in the local area to determine if potential exists to support a new development. Thus, the findings are preliminary and should be viewed in that light. A full market feasibility study would more closely examine factors such as the desirability of the subject site and the performance of competitive buildin gs, both of which may impact demand. Avg. M. R. Unit Type Rent/Sq. Ft. 1BR 725 -900 $1,085 -$1,085 $1,500 -$1,850 $2.06 1BR+D 925 -1,025 $1,850 -$2,050 $2.00 2BR 1,050 -1,150 $1,295 -$1,295 $2,050 -$2,250 $1.95 3BR 1,375 -1,425 $1,485 -$1,485 $2,400 -$2,500 $1.75 Source: Viewpoint Consulting Group, Inc. Aff. at 60% AMISq. Ft.Market Rate -- Recommended Rents -- -- * Recommended rents are quoted in 2020 dollars and include utilities except electricity, activities, and common spaces. CITY COUNCIL STAFF REPORT Monday, March 22, 2021 Subject Commission Appointments Section NEW BUSINESS Item No: I.1. 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, 2024." Park & Recreation Commission _____________ for a two­year term ending March 30, 2023, and _____________ and ______________ for three­year terms ending March 30, 2024." Environmental Commission _____________ for a two­year term ending March 30, 2023, and _____________, _____________ and ______________ for three­year terms ending March 30, 2024. Senior Commission _____________, _____________ and ______________ for three­year terms ending March 30, 2024." 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 Mark Randall and Michael McGonagill are expiring. Park & Recreation Commission There is one 2­year vacancy and two 3­year positions available for appointment to the Park & Recreation CITY COUNCIL STAFF REPORTMonday, March 22, 2021SubjectCommission AppointmentsSectionNEW BUSINESS Item No: I.1.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, 2024."Park & Recreation Commission_____________ for a two­year term ending March 30, 2023, and _____________ and ______________ forthree­year terms ending March 30, 2024."Environmental Commission_____________ for a two­year term ending March 30, 2023, and _____________, _____________and ______________ for three­year terms ending March 30, 2024.Senior Commission_____________, _____________ and ______________ for three­year terms ending March 30, 2024."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 CommissionersMark Randall and Michael McGonagill are expiring.Park & Recreation Commission There is one 2­year vacancy and two 3­year positions available for appointment to the Park & Recreation Commission.Commissioner Haley Schubert  was elected to the City Council, leaving a two­year vacancy. The terms of Commissioners Joseph Scanlon and Jim Boettcher are expiring. There are also one or two 2­year youth representative positions available. Youth Commissioner Zoe Erpelding's term is expiring. Environmental Commission There is one 2­year vacancy and three 3­year positions available for appointment to the Environmental Commission. Commissioner Lucy Rehm  was elected to the City Council, leaving a 2­year vacancy. The terms of Don Vasatka, Kristen Fulkerson and Greg Hawks are expiring. Senior Commission There are three 3­year positions available for appointment to the Senior Commission. The terms of Commissioners David Crouch, Dorina Tipton and Mack Titus are expiring. Since the Senior Commission has the option of appointing seven or eight members, Council may choose to appoint two or three 3­year positions. ATTACHMENTS: City Code, Section 2­46. ­ Appointment to city committees and commissions Commission Interview Schedule Planning Commission Application Summary Park & Recreation Commission Application Summary Environmental Commission Application Summary 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. City of Chanhassen 2021 City Commission Interview Schedule Commission Interviewer February 22, 2021 Name First Choice Second Choice Notes Planning Mark von Oven 4:30 Chaeyun Lee Park & Rec Youth NA Zoom Park & Rec Karl Tsuchiya 4:45 Kristin Fulkerson Environmental NA Zoom Senior Jerry Cerchia 5:00 Martina Alden Planning Environmental WITHDRAWN Environmental Jeff Harken 5:15 Ryan Soller Planning Park & Rec In Person 5:30 Jackelyn Vilijaste Park & Rec Planning WITHDRAWN 5:45 Greg Hawks Environmental NA 6:00 Kelsey Alto Planning Environmental 6:15 Heather Markert Park & Rec NA 6:30 Stephen Kelzer Planning Park & Rec WITHDRAWN 6:45 Scot Lacek Planning Environmental Zoom March 8, 2021 Name First Choice Second Choice Notes 4:30 Dorina Tipton Senior NA Interview waived 4:30 Erik Johnson Planning NA 4:45 Scott Fischer Park & Rec Environmental 5:00 Jim Boettcher Park & Rec NA 5:15 Susan Kibler Senior Park & Rec 5:30 Wilma Ruppert Planning Park & Rec 5:45 Don Vasatka Park & Rec NA Zoom 6:00 Ross Reeves Park & Rec Environmental Zoom 6:15 Bala Chintaginjala Planning NA WITHDRAWN 6:15 Jessie Bent Planning Park & Rec Zoom March 22, 2021 Name First Choice Second Choice Notes 5:00 Leslie Elhadi Environmental NA 5:15 Jim Camarata Senior NA Incumbent All commission appointments will take place at the March 22, 2021 City Council Meeting FIRST MEETINGS IN APRIL: Planning Commission - April 6, 2021 Environmental Commission - April 14, 2021 Senior Commission - April 16, 2021 Park & Rec Commission - April 27, 2021 City Council Interviews City Council Interviews City Council Interviews g:\commission\2021\planning commission matrix.docx PLANNING COMMISSION APPLICATIONS SUMMARY PLANNING COMMISSION – 2021 Terms Expiring: • Mark Randall • Michael McGonagill COUNCIL RANK Applicants Martina Alden WITHDRAWN Ryan Soller Kelsey Alto Stephen Kelzer WITHDRAWN Scot Lacek Erik Johnson Bala Chintaginjala WITHDRAWN Jessie Bent Wilma Ruppert Alternate Applicants Jackelyn Vilijaste WITHDRAWN g:\commission\2021\planning commission matrix.docx Vacancies Two 3-Year Terms 1. 2. g:\commission\2021\park & recreation commission matrix.docx PARK & RECREATION COMMISSION APPLICATIONS SUMMARY PARK & RECREATION COMMISSION – 2021 Terms Expiring: • Joseph Scanlon • Jim Boettcher COUNCIL RANK Applicants Jackelyn Vilijaste WITHDRAWN Heather Markert Scott Fischer Jim Boettcher (incumbent) Don Vasatka Ross Reeves Alternate Applicants Ryan Soller Stephen Kelzer WITHDRAWN Susan Kibler Jessie Bent Wilma Ruppert Youth Applicants Chaeyun Lee g:\commission\2021\park & recreation commission matrix.docx Vacancies One 2-Year Term 1. Two 3-Year Terms 1. 2. One or Two 1- year Term Youth Positions 1. 2. g:\commission\2021\environmental commission matrix.docx ENVIRONMENTAL COMMISSION APPLICATIONS SUMMARY ENVIRONMENTAL COMMISSION – 2021 Terms Expiring: • Don Vasatka • Kristen Fulkerson • Greg Hawks COUNCIL RANK Applicants Kristen Fulkerson (incumbent) Greg Hawks (incumbent) Leslie Elhadi Alternate Applicants Martina Alden WITHDRAWN Kelsey Alto Scot Lacek Scott Fischer Ross Reeves g:\commission\2021\environmental commission matrix.docx Vacancies One 2-Year Term 1. Three 3-Year Terms 1. 2. 3. g:\commission\2021\senior commission matrix.docx SENIOR COMMISSION APPLICATIONS SUMMARY SENIOR COMMISSION – 2021 Terms Expiring: • David Crouch • Dorina Tipton • Mack Titus COUNCIL RANK Applicants Dorina Tipton (Incumbent) Susan Kibler Jim Camarata Alternate Applicants None g:\commission\2021\senior commission matrix.docx Vacancies NOTE: The Senior Commission bylaws allow for the appointment of a total of 7 or 8 commissioners Two or Three 3- Year Positions 1. 2. 3. CITY COUNCIL STAFF REPORT Monday, March 22, 2021 Subject 2021 Building Permit Activity February Year To Date Section CORRESPONDENCE DISCUSSION Item No: L.1. Prepared By Bob Generous, Senior Planner File No:  ATTACHMENTS: 2021 Building Permit Activity February YTD CITY COUNCIL STAFF REPORT Monday, March 22, 2021 Subject Review of Claims Paid 03­22­2021 Section CORRESPONDENCE DISCUSSION Item No: L.2. Prepared By Kelly Strey, Finance Director File No:  SUMMARY The following claims are submitted for review on March 22, 2021: Check Numbers Amounts 175065 – 175137 $567,186.75 ACH Payments $269,708.57 Total All Claims $836,895.32 ATTACHMENTS: Check Summary Check Summary ACH Check Detail Check Detail ACH Accounts Payable User: Printed: dwashburn 3/12/2021 9:45 AM Checks by Date - Summary by Check Number Check No Check DateVendor NameVendor No Void Checks Check Amount ASPEQU Aspen Equipment 03/04/2021 0.00 355.00175065 ASPMIL ASPEN MILLS 03/04/2021 0.00 159.87175066 CARENV CARVER COUNTY ENVIRONMENTAL 03/04/2021 0.00 35.00175067 EmbMinn CENTURYLINK 03/04/2021 0.00 1,867.25175068 FaiGla Fairfield Glass and Window 03/04/2021 0.00 479.00175069 FerEnt Ferguson Enterprises, Inc. #1657 03/04/2021 0.00 3,788.10175070 ferwat Ferguson Waterworks #2518 03/04/2021 0.00 24,996.95175071 FlePri FleetPride, Inc.03/04/2021 0.00 47.22175072 hach Hach Company 03/04/2021 0.00 1,589.39175073 JorNic Nick Jorgenson 03/04/2021 0.00 291.20175074 KimRac Rachel Kimbrel 03/04/2021 0.00 40.00175075 LANEQ1 Lano Equipment 03/04/2021 0.00 381.69175076 LawPro Lawson Products, Inc.03/04/2021 0.00 30.00175077 MBEInc MBE Inc 03/04/2021 0.00 344.00175078 metcit Metro Cities 03/04/2021 0.00 8,309.00175079 METCO2 METROPOLITAN COUNCIL 03/04/2021 0.00 1,672.84175080 MILWIN Milbank Winwater Works 03/04/2021 0.00 17,997.00175081 NewLis Lisa & Mark Newhall 03/04/2021 0.00 100.00175082 NEWSIG NEWMAN SIGNS INC 03/04/2021 0.00 42.13175083 POLIPELY PETER & LYNN POLINGO 03/04/2021 0.00 40.00175084 RECASS RECYCLING ASSOCIATION OF MN 03/04/2021 0.00 300.00175085 SwenJae Jae Swenson 03/04/2021 0.00 40.00175086 SwenKris Kristian Swensson 03/04/2021 0.00 2,995.06175087 TimSav TimeSaver Off Site Secretarial, Inc 03/04/2021 0.00 223.00175088 triedeea DeeAnn Triethart 03/04/2021 0.00 22.24175089 WanSte Steve Wanek 03/04/2021 0.00 100.00175090 WastMana Waste Management of Minnesota, Inc 03/04/2021 0.00 1,210.97175091 ARAMAR ARAMARK Refreshment Services, LLC 03/11/2021 0.00 755.84175092 ASPMIL ASPEN MILLS 03/11/2021 0.00 173.68175093 BCATRA BCA 03/11/2021 0.00 14.00175094 BONPLU BONFES PLUMBING & HEATING 03/11/2021 0.00 4.25175095 UB*02166 SAKSAKOOL BOONCHANH 03/11/2021 0.00 126.74175096 BOUMED BOUND TREE MEDICAL LLC 03/11/2021 0.00 33.28175097 UB*02168 BURNET TITLE 03/11/2021 0.00 86.69175098 CENENE CENTERPOINT ENERGY MINNEGASCO 03/11/2021 0.00 6,274.95175099 CenLin CenturyLink 03/11/2021 0.00 64.00175100 CHSBui CHS Builders, LLC 03/11/2021 0.00 250.00175101 ComMin Compass Minerals America, Inc 03/11/2021 0.00 8,124.76175102 CouSus Susan Coult 03/11/2021 0.00 50.00175103 RapCra Craig Rapp LLC 03/11/2021 0.00 8,812.50175104 UB*02173 EDINA REALTY TITLE 03/11/2021 0.00 9.12175105 FACMOT FACTORY MOTOR PARTS COMPANY 03/11/2021 0.00 376.59175106 GREMEA GREEN MEADOWS INC 03/11/2021 0.00 1,210.00175107 hach Hach Company 03/11/2021 0.00 245.16175108 Loc49 IUOE Local #49 03/11/2021 0.00 700.00175109 JAGCOM Jaguar Communications Inc 03/11/2021 0.00 53.60175110 UB*02174 ANTHONY KAPAYA 03/11/2021 0.00 40.00175111 Page 1AP Checks by Date - Summary by Check Number (3/12/2021 9:45 AM) Check No Check DateVendor NameVendor No Void Checks Check Amount UB*02169 FRANK & LYNDA KUZMA 03/11/2021 0.00 150.35175112 LamSon Lametti & Sons Inc 03/11/2021 0.00 189,217.61175113 LawPro Lawson Products, Inc.03/11/2021 0.00 46.38175114 LEAINS LEAGUE OF MN CITIES INS TRUST 03/11/2021 0.00 61,068.00175115 UB*02171 GARY LUND 03/11/2021 0.00 9.07175116 METCO2 METROPOLITAN COUNCIL 03/11/2021 0.00 205,291.66175117 MNSaf Minnesota Safety Council 03/11/2021 0.00 396.00175118 NCPERS MN NCPERS LIFE INSURANCE 03/11/2021 0.00 112.00175119 MNPOL MN Pollution Control Agency 03/11/2021 0.00 225.00175120 NOVSOL NOVEL SOLAR THREE, LLC 03/11/2021 0.00 4,727.06175121 OttTrav Travis Ott 03/11/2021 0.00 272.25175122 PetAnd Andrew Peterson 03/11/2021 0.00 100.00175123 QUAFIR Quality First Janitorial & Maintenance Inc 03/11/2021 0.00 875.00175124 RAITRE RAINBOW TREE COMPANY 03/11/2021 0.00 4,165.00175125 UB*02175 REALTECH TITLE LLC 03/11/2021 0.00 101.96175126 RilPur Riley Purgatory Bluff Creek Watershed District03/11/2021 0.00 2,000.00175127 ShaDan Danielle Sharrock 03/11/2021 0.00 2.89175128 SHOTRU SHOREWOOD TRUE VALUE 03/11/2021 0.00 6.46175129 SOUSUB Southwest Suburban Publishing 03/11/2021 0.00 402.52175130 UB*02167 JOHN & JANET ST ANDREW 03/11/2021 0.00 76.06175131 UB*02170 ELAINE TAYLOR 03/11/2021 0.00 18.26175132 TFOFIN TFORCE FINAL MILE 03/11/2021 0.00 59.71175133 TheHart The Hartford 03/11/2021 0.00 1,288.67175134 UB*02172 TRADEMARK TITLE SERVICES 03/11/2021 0.00 15.34175135 WastMana Waste Management of Minnesota, Inc 03/11/2021 0.00 1,334.43175136 DoaJen Jennifer Xuan Tuyet Doan-Nguyen 03/11/2021 0.00 363.00175137 Report Total (73 checks): 567,186.75 0.00 Page 2AP Checks by Date - Summary by Check Number (3/12/2021 9:45 AM) Accounts Payable Checks by Date - Summary by Check User:dwashburn Printed: 3/12/2021 9:47 AM Check Vendor No Vendor Name Check Date Void Checks Check Amount ACH Z-Amazon Amazon 02/17/2021 0.00 14,483.77 ACH Z-AWWA American Water Works Association 02/17/2021 0.00 46.00 ACH z-ApSty AP Style Book 02/17/2021 0.00 36.11 ACH Z-APPLE Apple.com 02/17/2021 0.00 0.99 ACH Z-Bach Bachman's 02/17/2021 0.00 67.09 ACH z-BluRib Blue Ribbon Corporation 02/17/2021 0.00 1,339.42 ACH Z-Davann Davanni's 02/17/2021 0.00 52.43 ACH z-Fedex FedEx Office 02/17/2021 0.00 63.55 ACH z-flefar Fleet Farm 02/17/2021 0.00 47.38 ACH Z-galls Galls LLC 02/17/2021 0.00 1,445.17 ACH z-grain Grainger 02/17/2021 0.00 569.45 ACH Z-GRUNDE Grundens USA 02/17/2021 0.00 82.98 ACH Z-HACCOM Hach Company 02/17/2021 0.00 1,286.42 ACH Z-HAMSCH Hamline School of Business 02/17/2021 0.00 614.99 ACH Z-Homdep Home Depot 02/17/2021 0.00 513.24 ACH z-hsem Homeland Security and Emergency Management 02/17/2021 0.00 128.11 ACH z-IndPla Indelco Plastics Corporation 02/17/2021 0.00 26.08 ACH Z-INTCOD International Code Council 02/17/2021 0.00 580.00 ACH z-LeaMin League of Minnesota Cities 02/17/2021 0.00 350.00 ACH Z-Lunbye Lunds & Byerly's 02/17/2021 0.00 16.99 ACH Z-MedBox Med Box Grill 02/17/2021 0.00 74.79 ACH Z-MENARD Menards 02/17/2021 0.00 343.09 ACH Z-MERLIN Merlins Ace Hardware 02/17/2021 0.00 55.31 ACH Z-MNTROP Minnesota Trophies & Gifts 02/17/2021 0.00 46.67 ACH Z-Mnbfte MN Board of Firefighter Training & Education 02/17/2021 0.00 50.00 ACH z-mntran MN Department of Transportation 02/17/2021 0.00 102.49 ACH Z-MNLABO MN Dept of Labor and Industry 02/17/2021 0.00 19.00 ACH Z-OffMax Office Max/Office Depot 02/17/2021 0.00 353.14 ACH Z-Oreill O'Reilly Auto Parts 02/17/2021 0.00 123.92 ACH Z-PANBRE Panera Bread 02/17/2021 0.00 (142.97) ACH Z-PayPal PayPal 02/17/2021 0.00 48.00 ACH z-PlaAna Plan Analyst, LLC 02/17/2021 0.00 395.00 ACH Z-PACEPD Professional Affordable Continuing Ed 02/17/2021 0.00 49.00 ACH Z-REATRU RealTruck.com 02/17/2021 0.00 137.39 ACH Z-Redwin Red Wing Store 02/17/2021 0.00 157.49 ACH Z-REYAZT Rey Azteca 02/17/2021 0.00 63.86 ACH Z-RocRes Rock-N-Rescue 02/17/2021 0.00 138.34 ACH Z-Senlan Sensible Land Use Coalition 02/17/2021 0.00 250.00 ACH Z-shafil ShareFile 02/17/2021 0.00 628.14 ACH Z-Shewil Sherwin-Williams 02/17/2021 0.00 45.21 ACH Z-SHOTRU Shorewood True Value 02/17/2021 0.00 3.81 ACH z-StaDir Staples Direct 02/17/2021 0.00 485.29 ACH Z-Target Target 02/17/2021 0.00 49.33 ACH Z-LOCPEO The Lock People 02/17/2021 0.00 473.50 ACH Z-UofM U of M Contlearning 02/17/2021 0.00 385.00 ACH Z-USABLU USABlueBook 02/17/2021 0.00 63.23 ACH Z-zoom Zoom 02/17/2021 0.00 85.90 Page 1 of 2 Check Vendor No Vendor Name Check Date Void Checks Check Amount ACH AFLAC American Family Life Assurance Company of Columbus 03/04/2021 0.00 39.78 ACH BOYTRU Boyer Ford Trucks 03/04/2021 0.00 79.06 ACH BROAWA BROADWAY AWARDS 03/04/2021 0.00 95.32 ACH carcou Carver County 03/04/2021 0.00 1,075.00 ACH PedrChri Christine Lea Pedretti 03/04/2021 0.00 754.00 ACH CivPlu CivicPlus 03/04/2021 0.00 3,000.00 ACH ColLif Colonial Life & Accident Insurance Co 03/04/2021 0.00 99.16 ACH COMINT COMPUTER INTEGRATION TECHN. 03/04/2021 0.00 4,000.00 ACH LARSDALE DALE LARSEN 03/04/2021 0.00 39.99 ACH engwat Engel Water Testing Inc 03/04/2021 0.00 500.00 ACH FASCOM FASTENAL COMPANY 03/04/2021 0.00 33.97 ACH GOPSTA GOPHER STATE ONE-CALL INC 03/04/2021 0.00 113.40 ACH GSDIR GS DIRECT INC 03/04/2021 0.00 428.16 ACH InnOff Innovative Office Solutions LLC 03/04/2021 0.00 4,025.96 ACH KATFUE KATH FUEL OIL SERVICE 03/04/2021 0.00 4,850.41 ACH MVEC MN VALLEY ELECTRIC COOP 03/04/2021 0.00 211.23 ACH NAPA NAPA AUTO & TRUCK PARTS 03/04/2021 0.00 294.47 ACH NusEqu Nuss Truck & Equipment 03/04/2021 0.00 166.77 ACH OREAUT O'Reilly Automotive Inc 03/04/2021 0.00 243.13 ACH PRALAW PRAIRIE LAWN & GARDEN 03/04/2021 0.00 15.14 ACH StanTruc Standard Spring-Truck Suspension Parts 03/04/2021 0.00 1,691.08 ACH MINCON SUMMIT COMPANIES 03/04/2021 0.00 4,269.00 ACH TBEI TBEI, Inc 03/04/2021 0.00 132.21 ACH TWISEE TWIN CITY SEED CO. 03/04/2021 0.00 105.00 ACH USABLU USA BLUE BOOK 03/04/2021 0.00 683.52 ACH VERIZO VERIZON WIRELESS 03/04/2021 0.00 3,870.04 ACH WatCon Water Conservation Services, Inc. 03/04/2021 0.00 664.83 ACH XCEL XCEL ENERGY INC 03/04/2021 0.00 25,106.54 ACH ZIEGLE ZIEGLER INC 03/04/2021 0.00 244.46 ACH ADAPES ADAM'S PEST CONTROL INC 03/11/2021 0.00 131.25 ACH BENEXT BENEFIT EXTRAS INC 03/11/2021 0.00 99.10 ACH CCPNIM CCP NI MASTER TENANT 4 LLC 03/11/2021 0.00 2,821.61 ACH FASCOM FASTENAL COMPANY 03/11/2021 0.00 406.67 ACH INDLAN Indoor Landscapes Inc 03/11/2021 0.00 187.00 ACH InnOff Innovative Office Solutions LLC 03/11/2021 0.00 267.08 ACH KATFUE KATH FUEL OIL SERVICE 03/11/2021 0.00 18,081.24 ACH KIMHOR KIMLEY HORN AND ASSOCIATES INC 03/11/2021 0.00 10,715.91 ACH LYMLUM LYMAN LUMBER 03/11/2021 0.00 302.21 ACH Marco Marco Inc 03/11/2021 0.00 1,112.54 ACH MERACE MERLINS ACE HARDWARE 03/11/2021 0.00 730.09 ACH METCO Metropolitan Council, Env Svcs 03/11/2021 0.00 17,221.05 ACH MINGER MINGER CONSTRUCTION 03/11/2021 0.00 11,646.00 ACH MNLABO MN DEPT OF LABOR AND INDUSTRY 03/11/2021 0.00 3,614.13 ACH MVEC MN VALLEY ELECTRIC COOP 03/11/2021 0.00 392.91 ACH NAPA NAPA AUTO & TRUCK PARTS 03/11/2021 0.00 68.11 ACH POMTIR POMP'S TIRE SERVICE INC 03/11/2021 0.00 630.48 ACH PotMN Potentia MN Solar 03/11/2021 0.00 4,537.79 ACH PREMRM PRECISE MRM LLC 03/11/2021 0.00 325.00 ACH RBMSER RBM SERVICES INC 03/11/2021 0.00 7,266.10 ACH SunLif Sun Life Financial 03/11/2021 0.00 1,545.23 ACH PedTay Taylor Pederson 03/11/2021 0.00 1,179.75 ACH VALPAV VALLEY PAVING INC 03/11/2021 0.00 98,175.61 ACH WAYTEK WAYTEK INC 03/11/2021 0.00 515.23 ACH WSB WSB & ASSOCIATES INC 03/11/2021 0.00 4,670.75 Report Total:- 269,708.57 Page 2 of 2 Accounts Payable Check Detail-Checks User: dwashburn Printed: 03/12/2021 - 11:28 AM Name Check Da Account Description Amount ARAMARK Refreshment Services, LLC 03/11/2021 101-1170-4110 Coffee 755.84 ARAMARK Refreshment Services, LLC 755.84 Aspen Equipment 03/04/2021 101-1550-4120 Equipment 355.00 Aspen Equipment 355.00 ASPEN MILLS 03/04/2021 101-1220-4240 Uniform 159.87 ASPEN MILLS 03/11/2021 101-1220-4240 Uniform 173.68 ASPEN MILLS 333.55 BCA 03/11/2021 101-1120-4300 Background Investigation 14.00 BCA 14.00 BONFES PLUMBING & HEATING 03/11/2021 101-0000-2033 Plan review fee refund 4.25 BONFES PLUMBING & HEATING 4.25 BOONCHANH SAKSAKOOL 03/11/2021 700-0000-2020 Refund Check 39.26 BOONCHANH SAKSAKOOL 03/11/2021 701-0000-2020 Refund Check 63.21 BOONCHANH SAKSAKOOL 03/11/2021 720-0000-2020 Refund Check 21.24 BOONCHANH SAKSAKOOL 03/11/2021 700-0000-2020 Refund Check 3.03 BOONCHANH SAKSAKOOL 126.74 BOUND TREE MEDICAL LLC 03/11/2021 101-1220-4130 Medical Supplies 33.28 BOUND TREE MEDICAL LLC 33.28 BURNET TITLE 03/11/2021 701-0000-2020 Refund Check 41.42 BURNET TITLE 03/11/2021 700-0000-2020 Refund Check 45.27 BURNET TITLE 86.69 CARVER COUNTY ENVIRONMENTAL 03/04/2021 101-1370-4300 Annual Fee 35.00 CARVER COUNTY ENVIRONMENTAL 35.00 CENTERPOINT ENERGY MINNEGASCO 03/11/2021 101-1550-4320 Monthly Utilities 452.39 CENTERPOINT ENERGY MINNEGASCO 03/11/2021 700-7043-4320 Monthly Utilities 1,399.02 CENTERPOINT ENERGY MINNEGASCO 03/11/2021 101-1170-4320 Monthly Utilities 1,488.13 CENTERPOINT ENERGY MINNEGASCO 03/11/2021 700-0000-4320 Monthly Utilities 89.64 CENTERPOINT ENERGY MINNEGASCO 03/11/2021 700-7019-4320 Monthly Utilities 449.73 CENTERPOINT ENERGY MINNEGASCO 03/11/2021 101-1190-4320 Monthly Utilities 2,350.49 Accounts Payable - Check Detail-Checks (03/12/2021 - 11:29 AM)Page 1 of 7 Name Check Da Account Description Amount CENTERPOINT ENERGY MINNEGASCO 03/11/2021 101-1600-4320 Monthly Utilities 22.06 CENTERPOINT ENERGY MINNEGASCO 03/11/2021 701-0000-4320 Monthly Utilities 23.49 CENTERPOINT ENERGY MINNEGASCO 6,274.95 CenturyLink 03/11/2021 700-0000-4310 Monthly Service 32.00 CenturyLink 03/11/2021 701-0000-4310 Monthly Service 32.00 CENTURYLINK 03/04/2021 101-1170-4310 Monthly Service 872.40 CENTURYLINK 03/04/2021 700-0000-4310 Monthly Service 6.36 CENTURYLINK 03/04/2021 701-0000-4310 Monthly Service 6.36 CENTURYLINK 03/04/2021 101-1550-4310 Monthly Service 30.04 CENTURYLINK 03/04/2021 101-1350-4310 Monthly Service 30.04 CENTURYLINK 03/04/2021 101-1220-4310 Monthly Service 33.04 CENTURYLINK 03/04/2021 101-1370-4310 Monthly Service 50.88 CENTURYLINK 03/04/2021 101-1160-4320 Monthly Service 125.00 CENTURYLINK 03/04/2021 101-1190-4310 Monthly Service 127.20 CENTURYLINK 03/04/2021 101-1540-4310 Monthly Service 95.40 CENTURYLINK 03/04/2021 700-0000-4310 Monthly Service 15.12 CENTURYLINK 03/04/2021 700-7019-4310 Monthly Service 210.28 CENTURYLINK 03/04/2021 701-0000-4310 Monthly Service 15.13 CENTURYLINK 03/04/2021 101-1160-4320 Monthly Service 250.00 CENTURYLINK 1,931.25 CHS Builders, LLC 03/11/2021 815-8202-2024 9044 Degler Lane - Permit 2020-04209 250.00 CHS Builders, LLC 250.00 Compass Minerals America, Inc 03/11/2021 101-1320-4150 Materials 8,124.76 Compass Minerals America, Inc 8,124.76 Coult Susan 03/11/2021 720-7204-4901 Waterwise Rebate 50.00 Coult Susan 50.00 Craig Rapp LLC 03/11/2021 101-1110-4300 Strategic Planning Services 8,812.50 Craig Rapp LLC 8,812.50 EDINA REALTY TITLE 03/11/2021 700-0000-2020 Refund Check 9.12 EDINA REALTY TITLE 9.12 FACTORY MOTOR PARTS COMPANY 03/11/2021 101-1310-4140 Warranty Credit -92.83 FACTORY MOTOR PARTS COMPANY 03/11/2021 101-1310-4140 Supplies 92.83 FACTORY MOTOR PARTS COMPANY 03/11/2021 101-1320-4140 Supplies 376.59 FACTORY MOTOR PARTS COMPANY 376.59 Fairfield Glass and Window 03/04/2021 101-1170-4510 Glass installed 479.00 Fairfield Glass and Window 479.00 Ferguson Enterprises, Inc. #1657 03/04/2021 700-7019-4510 Drain Grate 3,788.10 Accounts Payable - Check Detail-Checks (03/12/2021 - 11:29 AM)Page 2 of 7 Name Check Da Account Description Amount Ferguson Enterprises, Inc. #1657 3,788.10 Ferguson Waterworks #2518 03/04/2021 700-0000-4550 Materials 160.68 Ferguson Waterworks #2518 03/04/2021 700-0000-4300 Neptune 6,280.58 Ferguson Waterworks #2518 03/04/2021 701-0000-4300 Neptune 6,280.57 Ferguson Waterworks #2518 03/04/2021 700-0000-4250 Meters 12,275.12 Ferguson Waterworks #2518 24,996.95 FleetPride, Inc.03/04/2021 101-1320-4140 Supplies 47.22 FleetPride, Inc. 47.22 GREEN MEADOWS INC 03/11/2021 101-1550-1193 February Snow Plowing 1,210.00 GREEN MEADOWS INC 1,210.00 Hach Company 03/04/2021 700-7019-4150 Materials 1,589.39 Hach Company 03/11/2021 700-7019-4150 Materials 245.16 Hach Company 1,834.55 IUOE Local #49 03/11/2021 101-0000-2004 PR Batch 00412.03.2021 Local 49 dues 412.99 IUOE Local #49 03/11/2021 700-0000-2004 PR Batch 00412.03.2021 Local 49 dues 222.26 IUOE Local #49 03/11/2021 701-0000-2004 PR Batch 00412.03.2021 Local 49 dues 64.75 IUOE Local #49 700.00 Jaguar Communications Inc 03/11/2021 700-7043-4310 Monthly Service 53.60 Jaguar Communications Inc 53.60 Jorgenson Nick 03/04/2021 101-1250-4370 Septic Training 291.20 Jorgenson Nick 291.20 KAPAYA ANTHONY 03/11/2021 700-0000-2020 Refund Check 17.38 KAPAYA ANTHONY 03/11/2021 701-0000-2020 Refund Check 20.73 KAPAYA ANTHONY 03/11/2021 720-0000-2020 Refund Check 0.59 KAPAYA ANTHONY 03/11/2021 700-0000-2020 Refund Check 1.30 KAPAYA ANTHONY 40.00 Kimbrel Rachel 03/04/2021 101-1535-3631 Dance Costumes Refund 40.00 Kimbrel Rachel 40.00 KUZMA FRANK & LYNDA 03/11/2021 701-0000-2020 Refund Check 22.55 KUZMA FRANK & LYNDA 03/11/2021 700-0000-2020 Refund Check 127.80 KUZMA FRANK & LYNDA 150.35 Lametti & Sons Inc 03/11/2021 601-6043-4751 Minnewashta Parkway Rehab 189,217.61 Lametti & Sons Inc 189,217.61 Accounts Payable - Check Detail-Checks (03/12/2021 - 11:29 AM)Page 3 of 7 Name Check Da Account Description Amount Lano Equipment 03/04/2021 101-1320-4120 Supplies 280.43 Lano Equipment 03/04/2021 700-0000-4120 Supplies 101.26 Lano Equipment 381.69 Lawson Products, Inc.03/04/2021 101-1370-4260 Equipment 30.00 Lawson Products, Inc.03/11/2021 101-1320-4120 Supplies 46.38 Lawson Products, Inc. 76.38 LEAGUE OF MN CITIES INS TRUST 03/11/2021 101-1170-4483 Insurance 61,068.00 LEAGUE OF MN CITIES INS TRUST 61,068.00 LUND GARY 03/11/2021 720-0000-2020 Refund Check 3.32 LUND GARY 03/11/2021 700-0000-2020 Refund Check 0.89 LUND GARY 03/11/2021 700-0000-2020 Refund Check 1.39 LUND GARY 03/11/2021 701-0000-2020 Refund Check 3.47 LUND GARY 9.07 MBE Inc 03/04/2021 720-7025-4290 Disposal Fee 344.00 MBE Inc 344.00 Metro Cities 03/04/2021 101-1110-4360 2021 Metro Cities Membership 8,309.00 Metro Cities 8,309.00 METROPOLITAN COUNCIL 03/04/2021 701-0000-4509 Strength Charge 1,672.84 METROPOLITAN COUNCIL 03/11/2021 701-0000-4509 Waste Water Services 205,291.66 METROPOLITAN COUNCIL 206,964.50 Milbank Winwater Works 03/04/2021 700-0000-4250 Equipment 17,803.40 Milbank Winwater Works 03/04/2021 700-0000-4550 Materials 193.60 Milbank Winwater Works 17,997.00 Minnesota Safety Council 03/11/2021 101-1560-4300 DDC 4hr Class 396.00 Minnesota Safety Council 396.00 MN NCPERS LIFE INSURANCE 03/11/2021 101-0000-2011 PR Batch 00412.03.2021 NCPERS-Life Insurance 78.41 MN NCPERS LIFE INSURANCE 03/11/2021 210-0000-2011 PR Batch 00412.03.2021 NCPERS-Life Insurance 3.99 MN NCPERS LIFE INSURANCE 03/11/2021 700-0000-2011 PR Batch 00412.03.2021 NCPERS-Life Insurance 13.56 MN NCPERS LIFE INSURANCE 03/11/2021 701-0000-2011 PR Batch 00412.03.2021 NCPERS-Life Insurance 13.62 MN NCPERS LIFE INSURANCE 03/11/2021 720-0000-2011 PR Batch 00412.03.2021 NCPERS-Life Insurance 2.42 MN NCPERS LIFE INSURANCE 112.00 MN Pollution Control Agency 03/11/2021 701-0000-4370 Collection & Wastewater Conference - Brett Martinson 225.00 MN Pollution Control Agency 225.00 Newhall Lisa & Mark 03/04/2021 720-7204-4901 Waterwise Rebate 100.00 Accounts Payable - Check Detail-Checks (03/12/2021 - 11:29 AM)Page 4 of 7 Name Check Da Account Description Amount Newhall Lisa & Mark 100.00 NEWMAN SIGNS INC 03/04/2021 701-0000-4150 Sign 42.13 NEWMAN SIGNS INC 42.13 NOVEL SOLAR THREE, LLC 03/11/2021 701-0000-4320 Monthly Utilities 1,557.78 NOVEL SOLAR THREE, LLC 03/11/2021 101-1350-4320 Monthly Utilities 75.25 NOVEL SOLAR THREE, LLC 03/11/2021 700-0000-4320 Monthly Utilities 3,094.03 NOVEL SOLAR THREE, LLC 4,727.06 Ott Travis 03/11/2021 101-1538-4300 Tae Kwon Do Instruction 272.25 Ott Travis 272.25 Peterson Andrew 03/11/2021 720-7204-4901 Waterwise Rebate 100.00 Peterson Andrew 100.00 POLINGO PETER & LYNN 03/04/2021 101-1535-3631 Dance Costumes Refund 40.00 POLINGO PETER & LYNN 40.00 Quality First Janitorial & Maintenance Inc 03/11/2021 101-1370-4350 February Cleaning 700.00 Quality First Janitorial & Maintenance Inc 03/11/2021 700-0000-4350 February Cleaning 87.50 Quality First Janitorial & Maintenance Inc 03/11/2021 701-0000-4350 February Cleaning 87.50 Quality First Janitorial & Maintenance Inc 875.00 RAINBOW TREE COMPANY 03/11/2021 720-7202-4300 Lake Ann Park Tree Removal 4,165.00 RAINBOW TREE COMPANY 4,165.00 REALTECH TITLE LLC 03/11/2021 700-0000-2020 Refund Check 31.04 REALTECH TITLE LLC 03/11/2021 701-0000-2020 Refund Check 45.32 REALTECH TITLE LLC 03/11/2021 720-0000-2020 Refund Check 21.43 REALTECH TITLE LLC 03/11/2021 700-0000-2020 Refund Check 4.17 REALTECH TITLE LLC 101.96 RECYCLING ASSOCIATION OF MN 03/04/2021 720-7201-4360 Membership Renewal 300.00 RECYCLING ASSOCIATION OF MN 300.00 Riley Purgatory Bluff Creek Watershed District 03/11/2021 720-0000-4130 Stormwater Ponds Partnership 2,000.00 Riley Purgatory Bluff Creek Watershed District 2,000.00 Sharrock Danielle 03/11/2021 101-1120-4330 Postage 2.89 Sharrock Danielle 2.89 SHOREWOOD TRUE VALUE 03/11/2021 101-1170-4260 Hardware 6.46 Accounts Payable - Check Detail-Checks (03/12/2021 - 11:29 AM)Page 5 of 7 Name Check Da Account Description Amount SHOREWOOD TRUE VALUE 6.46 Southwest Suburban Publishing 03/11/2021 101-1110-4340 Legal Notifications 176.76 Southwest Suburban Publishing 03/11/2021 101-1310-4340 Bid Notifications 225.76 Southwest Suburban Publishing 402.52 ST ANDREW JOHN & JANET 03/11/2021 700-0000-2020 Refund Check 39.02 ST ANDREW JOHN & JANET 03/11/2021 701-0000-2020 Refund Check 24.94 ST ANDREW JOHN & JANET 03/11/2021 720-0000-2020 Refund Check 10.14 ST ANDREW JOHN & JANET 03/11/2021 700-0000-2020 Refund Check 1.96 ST ANDREW JOHN & JANET 76.06 Swenson Jae 03/04/2021 101-1535-3631 Dance Costumes 40.00 Swenson Jae 40.00 Swensson Kristian 03/04/2021 101-1370-4170 Oil 2,995.06 Swensson Kristian 2,995.06 TAYLOR ELAINE 03/11/2021 700-0000-2020 Refund Check 5.28 TAYLOR ELAINE 03/11/2021 701-0000-2020 Refund Check 8.30 TAYLOR ELAINE 03/11/2021 720-0000-2020 Refund Check 3.92 TAYLOR ELAINE 03/11/2021 700-0000-2020 Refund Check 0.76 TAYLOR ELAINE 18.26 TFORCE FINAL MILE 03/11/2021 400-0000-1155 Delivery Service 59.71 TFORCE FINAL MILE 59.71 The Hartford 03/11/2021 101-1120-4045 March LTD 84.63 The Hartford 03/11/2021 101-1130-4045 March LTD 36.70 The Hartford 03/11/2021 101-1160-4045 March LTD 34.45 The Hartford 03/11/2021 101-1250-4045 March LTD 130.35 The Hartford 03/11/2021 101-1310-4045 March LTD 92.19 The Hartford 03/11/2021 101-1320-4045 March LTD 169.95 The Hartford 03/11/2021 101-1370-4045 March LTD 56.04 The Hartford 03/11/2021 101-1520-4045 March LTD 41.61 The Hartford 03/11/2021 101-1530-4045 March LTD 17.69 The Hartford 03/11/2021 101-1560-4045 March LTD 14.76 The Hartford 03/11/2021 101-1600-4045 March LTD 12.09 The Hartford 03/11/2021 101-1700-4045 March LTD 1.34 The Hartford 03/11/2021 101-1550-4045 March LTD 123.06 The Hartford 03/11/2021 101-1420-4045 March LTD 98.20 The Hartford 03/11/2021 101-1430-4045 March LTD 5.88 The Hartford 03/11/2021 210-0000-4045 March LTD 21.87 The Hartford 03/11/2021 720-7201-4045 March LTD 6.94 The Hartford 03/11/2021 720-7202-4045 March LTD 6.94 The Hartford 03/11/2021 101-1220-4045 March LTD 65.23 The Hartford 03/11/2021 701-0000-4045 March LTD 94.59 The Hartford 03/11/2021 700-0000-4045 March LTD 124.56 The Hartford 03/11/2021 720-0000-4045 March LTD 49.60 Accounts Payable - Check Detail-Checks (03/12/2021 - 11:29 AM)Page 6 of 7 Name Check Da Account Description Amount The Hartford 1,288.67 TimeSaver Off Site Secretarial, Inc 03/04/2021 210-0000-4300 City Council Meeting 223.00 TimeSaver Off Site Secretarial, Inc 223.00 TRADEMARK TITLE SERVICES 03/11/2021 720-0000-2020 Refund Check 1.80 TRADEMARK TITLE SERVICES 03/11/2021 700-0000-2020 Refund Check 5.06 TRADEMARK TITLE SERVICES 03/11/2021 701-0000-2020 Refund Check 8.13 TRADEMARK TITLE SERVICES 03/11/2021 700-0000-2020 Refund Check 0.35 TRADEMARK TITLE SERVICES 15.34 Triethart DeeAnn 03/04/2021 101-1170-4110 Silverware 22.24 Triethart DeeAnn 22.24 Wanek Steve 03/04/2021 720-7204-4901 Waterwise Rebate 100.00 Wanek Steve 100.00 Waste Management of Minnesota, Inc 03/04/2021 101-1550-4300 Rolloff 1,210.97 Waste Management of Minnesota, Inc 03/11/2021 101-1550-4350 Waste Removal 477.99 Waste Management of Minnesota, Inc 03/11/2021 101-1370-4350 Waste Removal 217.48 Waste Management of Minnesota, Inc 03/11/2021 700-0000-4350 Waste Removal 27.18 Waste Management of Minnesota, Inc 03/11/2021 701-0000-4350 Waste Removal 27.18 Waste Management of Minnesota, Inc 03/11/2021 101-1220-4350 Waste Removal 77.97 Waste Management of Minnesota, Inc 03/11/2021 101-1170-4350 Waste Removal 205.66 Waste Management of Minnesota, Inc 03/11/2021 101-1190-4350 Waste Removal 270.59 Waste Management of Minnesota, Inc 03/11/2021 101-1220-4350 Waste Removal 30.38 Waste Management of Minnesota, Inc 2,545.40 Xuan Tuyet Doan-Nguyen Jennifer 03/11/2021 101-1538-4300 Tae Kwon Do instruction 363.00 Xuan Tuyet Doan-Nguyen Jennifer 363.00 567,186.75 Accounts Payable - Check Detail-Checks (03/12/2021 - 11:29 AM)Page 7 of 7 Accounts Payable Check Detail-ACH User: dwashburn Printed: 03/12/2021 - 11:30 AM Name Check D Account Description Amount ADAM'S PEST CONTROL INC 03/11/2021 101-1170-4300 Prevention Plus 131.25 ADAM'S PEST CONTROL INC 131.25 Amazon 02/17/2021 400-4126-4703 Surfacebook Matt P 2,290.00 Amazon 02/17/2021 101-1160-4530 Replacement screen for surface heat gun 203.96 Amazon 02/17/2021 101-1160-4310 Cell Phone case Matt P 49.00 Amazon 02/17/2021 400-4126-4703 Surfacebook case Don J 78.00 Amazon 02/17/2021 101-1550-4120 Snowplow Light Kit 179.95 Amazon 02/17/2021 700-0000-4240 Earplugs 9.89 Amazon 02/17/2021 700-0000-4240 Safety Glasses 33.99 Amazon 02/17/2021 700-7019-4150 Contour Gauge 29.99 Amazon 02/17/2021 700-7019-4120 Swingline Stapler 42.58 Amazon 02/17/2021 101-1160-4530 Replacement UPS Batteries Bldg Scanner 83.58 Amazon 02/17/2021 101-1160-4530 USB mics for laptops with mics that are not loud enough for Zoom 20.97 Amazon 02/17/2021 101-1160-4150 Spare USB mic for teleconferencing 24.95 Amazon 02/17/2021 101-1170-4110 Color Business Cards 11.95 Amazon 02/17/2021 101-1260-4120 CSO equipment 52.99 Amazon 02/17/2021 400-4101-4703 Mitel Wireless Headsets 2,152.00 Amazon 02/17/2021 101-1170-4110 Carabiner Badge Reels 49.99 Amazon 02/17/2021 400-4126-4703 New Surfacebook 3 Don J Jake F 4,100.00 Amazon 02/17/2021 400-4126-4703 Surface LTE Ana F 805.00 Amazon 02/17/2021 101-1160-4530 Replacement for broken surface LTE Paul E 813.00 Amazon 02/17/2021 101-1160-4260 Suction cup tool for screen replacements 9.56 Amazon 02/17/2021 400-4126-4703 Upgrade monitors for staff 324.36 Amazon 02/17/2021 400-4126-4703 HDMI to miniDP cables for surfacebook docking stations 48.08 Amazon 02/17/2021 101-1160-4150 External DVD Blue Ray player Eng Dept 96.95 Amazon 02/17/2021 101-1170-4110 Hot Beverage Cups 105.09 Amazon 02/17/2021 101-1170-4110 Febreze Air Freshener 14.82 Amazon 02/17/2021 101-1170-4110 Green Tea KCups 30.92 Amazon 02/17/2021 400-4126-4703 Surfacebook 3 Matt K 2,290.00 Amazon 02/17/2021 700-7043-4120 Printer Kit 195.00 Amazon 02/17/2021 700-0000-4260 Electrical Tester 84.98 Amazon 02/17/2021 700-7043-4150 Two-Shelf Service Utility Cart 84.65 Amazon 02/17/2021 700-7043-4150 Door Stop 139.86 Amazon 02/17/2021 101-1160-4300 AWS Sewer Televising Access Fee Dec 1.23 Amazon 02/17/2021 101-1170-4110 Batteries 26.48 Amazon 14,483.77 American Family Life Assurance Company of Columbus03/04/2021 101-0000-2008 February Insurance 39.78 American Family Life Assurance Company of Columbus 39.78 American Water Works Association 02/17/2021 700-0000-4150 AWWA C655-18 Field Dechlorination 46.00 Accounts Payable - Check Detail-ACH (03/12/2021 - 11:30 AM)Page 1 of 11 Name Check D Account Description Amount American Water Works Association 46.00 AP Style Book 02/17/2021 101-1170-4110 AP Stylebook 36.11 AP Style Book 36.11 Apple.com 02/17/2021 701-0000-4310 iCloud Storage 0.99 Apple.com 0.99 Bachman's 02/17/2021 101-1110-4300 Flowers for Gerhardts father funeral 67.09 Bachman's 67.09 BENEFIT EXTRAS INC 03/11/2021 101-0000-2012 Insurance 13.00 BENEFIT EXTRAS INC 03/11/2021 101-1120-4300 Insurance 86.10 BENEFIT EXTRAS INC 99.10 Blue Ribbon Corporation 02/17/2021 700-0000-4550 Cables 1,339.42 Blue Ribbon Corporation 1,339.42 Boyer Ford Trucks 03/04/2021 101-1320-4140 Missing Part - Credit -51.13 Boyer Ford Trucks 03/04/2021 101-1320-4140 Supplies 130.19 Boyer Ford Trucks 79.06 BROADWAY AWARDS 03/04/2021 101-1110-4375 Award 95.32 BROADWAY AWARDS 95.32 Carver County 03/04/2021 101-1160-4320 CarverLink Internet/Fiber - March 575.00 Carver County 03/04/2021 700-7043-4320 Carver Fiber - WWTP / W-3/ LS-24 Mar 500.00 Carver County 1,075.00 CCP NI MASTER TENANT 4 LLC 03/11/2021 101-1220-4320 Monthly Utilities 47.36 CCP NI MASTER TENANT 4 LLC 03/11/2021 101-1350-4320 Monthly Utilities 1,236.75 CCP NI MASTER TENANT 4 LLC 03/11/2021 101-1540-4320 Monthly Utilities 139.04 CCP NI MASTER TENANT 4 LLC 03/11/2021 101-1550-4320 Monthly Utilities 147.96 CCP NI MASTER TENANT 4 LLC 03/11/2021 101-1600-4320 Monthly Utilities 11.35 CCP NI MASTER TENANT 4 LLC 03/11/2021 700-0000-4320 Monthly Utilities 43.38 CCP NI MASTER TENANT 4 LLC 03/11/2021 700-7019-4320 Monthly Utilities 691.02 CCP NI MASTER TENANT 4 LLC 03/11/2021 701-0000-4320 Monthly Utilities 504.75 CCP NI MASTER TENANT 4 LLC 2,821.61 CivicPlus 03/04/2021 101-1110-4340 CivicEngage 3,000.00 CivicPlus 3,000.00 Colonial Life & Accident Insurance Co 03/04/2021 101-0000-2008 February 2021 Insurance 60.72 Colonial Life & Accident Insurance Co 03/04/2021 700-0000-2008 February 2021 Insurance 19.22 Colonial Life & Accident Insurance Co 03/04/2021 701-0000-2008 February 2021 Insurance 19.22 Accounts Payable - Check Detail-ACH (03/12/2021 - 11:30 AM)Page 2 of 11 Name Check D Account Description Amount Colonial Life & Accident Insurance Co 99.16 COMPUTER INTEGRATION TECHN.03/04/2021 101-1160-4300 Network Services Retainer 4,000.00 COMPUTER INTEGRATION TECHN. 4,000.00 Davanni's 02/17/2021 101-1110-4370 City Council dinner 52.43 Davanni's 52.43 Engel Water Testing Inc 03/04/2021 700-0000-4300 Water Samples 500.00 Engel Water Testing Inc 500.00 FASTENAL COMPANY 03/04/2021 700-0000-4550 Materials 11.81 FASTENAL COMPANY 03/04/2021 101-1320-4120 Supplies 22.16 FASTENAL COMPANY 03/11/2021 101-1320-4120 Supplies 294.26 FASTENAL COMPANY 03/11/2021 101-1550-4150 Materials 112.41 FASTENAL COMPANY 440.64 FedEx Office 02/17/2021 101-1210-4300 Overnight delivery of Lunds Byerlys Wines Spirits Liquor Licen 26.15 FedEx Office 02/17/2021 700-0000-4330 Postage 37.40 FedEx Office 63.55 Fleet Farm 02/17/2021 700-0000-4240 Clothing Allowance 23.69 Fleet Farm 02/17/2021 701-0000-4240 Clothing Allowance 23.69 Fleet Farm 47.38 Galls LLC 02/17/2021 101-1220-4370 Training equipment Rescue Training Prop 1,445.17 Galls LLC 1,445.17 GOPHER STATE ONE-CALL INC 03/04/2021 400-0000-4300 Calls 113.40 GOPHER STATE ONE-CALL INC 113.40 Grainger 02/17/2021 700-0000-4530 Motor 163.39 Grainger 02/17/2021 701-0000-4260 Line Volt Mechanical Test 138.04 Grainger 02/17/2021 700-7043-4530 Materials 38.94 Grainger 02/17/2021 700-7043-4120 Filter Element 190.09 Grainger 02/17/2021 700-7043-4120 Air Filter 38.99 Grainger 569.45 Grundens USA 02/17/2021 101-1550-4120 Rain Jacket - Nick J 82.98 Grundens USA 82.98 GS DIRECT INC 03/04/2021 101-1170-4110 Plotter Supplies 428.16 GS DIRECT INC 428.16 Hach Company 02/17/2021 700-7019-4150 Materials 1,286.42 Accounts Payable - Check Detail-ACH (03/12/2021 - 11:30 AM)Page 3 of 11 Name Check D Account Description Amount Hach Company 1,286.42 Hamline School of Business 02/17/2021 700-0000-4370 Training. 614.99 Hamline School of Business 614.99 Home Depot 02/17/2021 701-0000-4551 Rigid Locknut 8.19 Home Depot 02/17/2021 700-7019-4120 Ice Melt 64.33 Home Depot 02/17/2021 101-1220-4290 Broom & Telescopic 6 Pole 81.52 Home Depot 02/17/2021 101-1550-4150 Paint, Rod Threaded Zinc 21.80 Home Depot 02/17/2021 700-0000-4120 Shockwave Bit Holder 19.26 Home Depot 02/17/2021 700-0000-4150 Wire Connects, PVC Running Trap 4.79 Home Depot 02/17/2021 700-0000-4260 Light, Hook and Pick set 264.11 Home Depot 02/17/2021 700-0000-4150 Flashlight, cable ties 49.24 Home Depot 513.24 Homeland Security and Emergency Management 02/17/2021 700-0000-4550 Annual Fees 0.62 Homeland Security and Emergency Management 02/17/2021 700-0000-4550 Annual Fees 2.49 Homeland Security and Emergency Management 02/17/2021 700-0000-4550 Annual Fees 100.00 Homeland Security and Emergency Management 02/17/2021 700-0000-4550 Annual Fees 25.00 Homeland Security and Emergency Management 128.11 Indelco Plastics Corporation 02/17/2021 700-7019-4550 Elbow 26.08 Indelco Plastics Corporation 26.08 Indoor Landscapes Inc 03/11/2021 101-1170-4300 March Plant Service 187.00 Indoor Landscapes Inc 187.00 Innovative Office Solutions LLC 03/04/2021 400-0000-4703 Laimnator 3,999.00 Innovative Office Solutions LLC 03/04/2021 101-1170-4110 Paper 26.96 Innovative Office Solutions LLC 03/11/2021 101-1170-4110 Office Supplies 213.90 Innovative Office Solutions LLC 03/11/2021 101-1170-4110 Office Supplies 53.18 Innovative Office Solutions LLC 4,293.04 International Code Council 02/17/2021 101-1220-4370 Fire Inspection CE classes 2021 580.00 International Code Council 580.00 KATH FUEL OIL SERVICE 03/04/2021 101-1370-4170 Oil 4,850.41 KATH FUEL OIL SERVICE 03/11/2021 101-1370-4170 Motor Fuels 18,081.24 KATH FUEL OIL SERVICE 22,931.65 KIMLEY HORN AND ASSOCIATES INC 03/11/2021 601-6047-4300 2020 Pavement Rehab 8,806.46 KIMLEY HORN AND ASSOCIATES INC 03/11/2021 400-0000-1155 Private Dev Field Observ 444.00 KIMLEY HORN AND ASSOCIATES INC 03/11/2021 601-6043-4300 Minnewashta Parkway Rehab 1,465.45 KIMLEY HORN AND ASSOCIATES INC 10,715.91 LARSEN DALE 03/04/2021 101-1320-4240 Safety Gear 39.99 Accounts Payable - Check Detail-ACH (03/12/2021 - 11:30 AM)Page 4 of 11 Name Check D Account Description Amount LARSEN DALE 39.99 League of Minnesota Cities 02/17/2021 101-1110-4370 LMC 2021 Elected Leaders Institute Foundational Program Training 350.00 League of Minnesota Cities 350.00 Lunds & Byerly's 02/17/2021 101-1220-4290 Duty Crew Food working Holiday 16.99 Lunds & Byerly's 16.99 LYMAN LUMBER 03/11/2021 101-1550-4120 Supplies 302.21 LYMAN LUMBER 302.21 Marco Inc 03/11/2021 101-1170-4410 Rental 825.04 Marco Inc 03/11/2021 700-0000-4410 Rental 115.00 Marco Inc 03/11/2021 701-0000-4410 Rental 115.00 Marco Inc 03/11/2021 720-0000-4410 Rental 57.50 Marco Inc 1,112.54 Med Box Grill 02/17/2021 101-1220-4290 Station Painting Detail Lunch Don J A Gisch Rindahl Coyne M Smi 74.79 Med Box Grill 74.79 Menards 02/17/2021 700-7019-4150 Socket, Light blub 24.66 Menards 02/17/2021 700-7019-4150 Light blubs 96.48 Menards 02/17/2021 700-7019-4530 Light Blubs 10.72 Menards 02/17/2021 700-7019-4530 Light Blubs 192.96 Menards 02/17/2021 700-7019-4150 Gage 18.27 Menards 343.09 MERLINS ACE HARDWARE 03/11/2021 101-1320-4150 Materials 28.58 MERLINS ACE HARDWARE 03/11/2021 101-1550-4120 Supplies 121.61 MERLINS ACE HARDWARE 03/11/2021 101-1550-4150 Materials 10.78 MERLINS ACE HARDWARE 03/11/2021 101-1220-4290 Supplies 138.52 MERLINS ACE HARDWARE 03/11/2021 101-1310-4120 Supplies 193.99 MERLINS ACE HARDWARE 03/11/2021 700-0000-4150 Materials 11.98 MERLINS ACE HARDWARE 03/11/2021 700-0000-4350 Cleaning Supplies 18.97 MERLINS ACE HARDWARE 03/11/2021 700-7019-4530 Materials 2.15 MERLINS ACE HARDWARE 03/11/2021 700-7043-4150 Materials 167.75 MERLINS ACE HARDWARE 03/11/2021 701-0000-4150 Materials 35.76 Merlins Ace Hardware 02/17/2021 701-0000-4150 Utility Hanger 16.49 Merlins Ace Hardware 02/17/2021 700-0000-4260 Drill Bit 13.80 Merlins Ace Hardware 02/17/2021 700-0000-4240 Folding Earmuff 21.61 Merlins Ace Hardware 02/17/2021 700-0000-4150 Elbow PVC 3.41 Merlins Ace Hardware 785.40 Metropolitan Council, Env Svcs 03/11/2021 101-1250-3816 February SAC -173.95 Metropolitan Council, Env Svcs 03/11/2021 701-0000-2023 February SAC 17,395.00 Metropolitan Council, Env Svcs 17,221.05 Accounts Payable - Check Detail-ACH (03/12/2021 - 11:30 AM)Page 5 of 11 Name Check D Account Description Amount MINGER CONSTRUCTION 03/11/2021 720-7025-4290 Mat Rental 3,627.00 MINGER CONSTRUCTION 03/11/2021 720-7025-4290 Megadeck Mats 8,019.00 MINGER CONSTRUCTION 11,646.00 Minnesota Trophies & Gifts 02/17/2021 101-1611-4130 FebFest Medallion 46.67 Minnesota Trophies & Gifts 46.67 MN Board of Firefighter Training & Education 02/17/2021 101-1220-4300 Firefighter licensing for Ana Fatturi 50.00 MN Board of Firefighter Training & Education 50.00 MN Department of Transportation 02/17/2021 101-1310-4370 Training Course 102.49 MN Department of Transportation 102.49 MN DEPT OF LABOR AND INDUSTRY 03/11/2021 101-1250-3818 February -71.78 MN DEPT OF LABOR AND INDUSTRY 03/11/2021 101-0000-2022 February 3,589.22 MN DEPT OF LABOR AND INDUSTRY 03/11/2021 101-1250-3306 February -23.31 MN DEPT OF LABOR AND INDUSTRY 03/11/2021 101-1190-4300 Pressure Vessel - Library 20.00 MN DEPT OF LABOR AND INDUSTRY 03/11/2021 101-1170-4300 Elevator Annual Operator 100.00 MN Dept of Labor and Industry 02/17/2021 701-0000-4370 License Fee 19.00 MN Dept of Labor and Industry 3,633.13 MN VALLEY ELECTRIC COOP 03/04/2021 101-1350-4320 Monthly Service 165.63 MN VALLEY ELECTRIC COOP 03/04/2021 101-1350-4320 Monthly Service 45.60 MN VALLEY ELECTRIC COOP 03/11/2021 101-1350-4320 Monthly Service 101.68 MN VALLEY ELECTRIC COOP 03/11/2021 101-1350-4320 Monthly Service 26.16 MN VALLEY ELECTRIC COOP 03/11/2021 101-1350-4320 Monthly Service 30.95 MN VALLEY ELECTRIC COOP 03/11/2021 101-1350-4320 Monthly Service 234.12 MN VALLEY ELECTRIC COOP 604.14 NAPA AUTO & TRUCK PARTS 03/04/2021 101-1320-4120 Supplies 144.08 NAPA AUTO & TRUCK PARTS 03/04/2021 101-1550-4140 Supplies 36.99 NAPA AUTO & TRUCK PARTS 03/04/2021 101-1170-4140 Supplies 113.40 NAPA AUTO & TRUCK PARTS 03/11/2021 101-1220-4120 Supplies 9.38 NAPA AUTO & TRUCK PARTS 03/11/2021 101-1170-4140 Supplies 14.67 NAPA AUTO & TRUCK PARTS 03/11/2021 101-1550-4140 Supplies 44.06 NAPA AUTO & TRUCK PARTS 362.58 Nuss Truck & Equipment 03/04/2021 101-1320-4140 Supplies 55.59 Nuss Truck & Equipment 03/04/2021 101-1320-4140 Supplies 111.18 Nuss Truck & Equipment 166.77 Office Max/Office Depot 02/17/2021 701-0000-4150 Divider 43.54 Office Max/Office Depot 02/17/2021 701-0000-4150 Punch Sheet, Index 26.81 Office Max/Office Depot 02/17/2021 101-1170-4110 Toner Screen Cleaner Canned Air 181.35 Office Max/Office Depot 02/17/2021 700-7043-4120 Laminator, Pouch, 3-ring binder 101.44 Office Max/Office Depot 353.14 Accounts Payable - Check Detail-ACH (03/12/2021 - 11:30 AM)Page 6 of 11 Name Check D Account Description Amount O'Reilly Auto Parts 02/17/2021 101-1260-4120 CSO equipment 35.96 O'Reilly Auto Parts 02/17/2021 101-1260-4120 CSO equipment 87.96 O'Reilly Auto Parts 123.92 O'Reilly Automotive Inc 03/04/2021 101-1550-4140 Supplies 100.87 O'Reilly Automotive Inc 03/04/2021 101-1550-4120 Supplies 34.30 O'Reilly Automotive Inc 03/04/2021 700-7043-4150 Materials 16.64 O'Reilly Automotive Inc 03/04/2021 101-1320-4140 Supplies 100.13 O'Reilly Automotive Inc 03/04/2021 101-1220-4140 Supplies -8.81 O'Reilly Automotive Inc 243.13 Panera Bread 02/17/2021 101-1110-4370 City Council dinner 33.54 Panera Bread 02/17/2021 101-1180-4370 Refund -176.51 Panera Bread -142.97 PayPal 02/17/2021 101-1160-4220 transcribing software for Kim M 24.00 PayPal 02/17/2021 101-1160-4220 Transcribing software for Jean S 24.00 PayPal 48.00 Pederson Taylor 03/11/2021 101-1538-4300 Tae Kwon Do instruction 105.00 Pederson Taylor 03/11/2021 101-1538-4300 Tae Kwon Do instruction 1,074.75 Pederson Taylor 1,179.75 Pedretti Christine Lea 03/04/2021 101-1539-4300 Yoga Classes 754.00 Pedretti Christine Lea 754.00 Plan Analyst, LLC 02/17/2021 101-1250-4260 License 395.00 Plan Analyst, LLC 395.00 POMP'S TIRE SERVICE INC 03/11/2021 101-1320-4140 Supplies 630.48 POMP'S TIRE SERVICE INC 630.48 Potentia MN Solar 03/11/2021 700-0000-4320 Monthly Utilities 1,017.66 Potentia MN Solar 03/11/2021 101-1190-4320 Monthly Utilities 1,978.01 Potentia MN Solar 03/11/2021 101-1170-4320 Monthly Utilities 1,542.12 Potentia MN Solar 4,537.79 PRAIRIE LAWN & GARDEN 03/04/2021 101-1320-4120 Supplies 15.14 PRAIRIE LAWN & GARDEN 15.14 PRECISE MRM LLC 03/11/2021 101-1320-4310 2021-01 Subcription 325.00 PRECISE MRM LLC 325.00 Professional Affordable Continuing Ed 02/17/2021 701-0000-4370 Training 49.00 Accounts Payable - Check Detail-ACH (03/12/2021 - 11:30 AM)Page 7 of 11 Name Check D Account Description Amount Professional Affordable Continuing Ed 49.00 RBM SERVICES INC 03/11/2021 101-1170-4350 Nightly Janitorial 3,690.87 RBM SERVICES INC 03/11/2021 101-1190-4350 Nightly Janitorial 3,575.23 RBM SERVICES INC 7,266.10 RealTruck.com 02/17/2021 700-0000-4520 WeatherTech DigitalFit Floor Liners 137.39 RealTruck.com 137.39 Red Wing Store 02/17/2021 101-1220-4240 Work Boots 157.49 Red Wing Store 157.49 Rey Azteca 02/17/2021 101-1220-4290 Duty Crew Holiday Meal for Duty Crew LeFevere Coyne Bach 63.86 Rey Azteca 63.86 Rock-N-Rescue 02/17/2021 101-1220-4260 Rope Bags and Cord 138.34 Rock-N-Rescue 138.34 Sensible Land Use Coalition 02/17/2021 101-1420-4370 Professional Organization Membership 250.00 Sensible Land Use Coalition 250.00 ShareFile 02/17/2021 101-1160-4300 Sharefile Q1 Billing 628.14 ShareFile 628.14 Sherwin-Williams 02/17/2021 101-1530-4150 paint for trim 45.21 Sherwin-Williams 45.21 Shorewood True Value 02/17/2021 700-0000-4530 Materials 3.81 Shorewood True Value 3.81 Standard Spring-Truck Suspension Parts 03/04/2021 101-1320-4140 Supplies 1,691.08 Standard Spring-Truck Suspension Parts 1,691.08 Staples Direct 02/17/2021 701-0000-4530 APC Backups 485.29 Staples Direct 485.29 SUMMIT COMPANIES 03/04/2021 101-1190-4300 Sprinkler Inspection 1,120.00 SUMMIT COMPANIES 03/04/2021 101-1170-4300 Fire Extinguisher Service 737.50 SUMMIT COMPANIES 03/04/2021 101-1170-4300 Fire Extinguisher Service 2,411.50 SUMMIT COMPANIES 4,269.00 Sun Life Financial 03/11/2021 101-1120-4046 March Life Insurance 33.82 Sun Life Financial 03/11/2021 101-1130-4046 March Life Insurance 14.60 Sun Life Financial 03/11/2021 101-1160-4046 March Life Insurance 13.61 Accounts Payable - Check Detail-ACH (03/12/2021 - 11:30 AM)Page 8 of 11 Name Check D Account Description Amount Sun Life Financial 03/11/2021 101-1250-4046 March Life Insurance 51.54 Sun Life Financial 03/11/2021 101-1310-4046 March Life Insurance 45.55 Sun Life Financial 03/11/2021 101-1320-4046 March Life Insurance 57.86 Sun Life Financial 03/11/2021 101-1370-4046 March Life Insurance 21.62 Sun Life Financial 03/11/2021 101-1520-4046 March Life Insurance 16.51 Sun Life Financial 03/11/2021 101-1530-4046 March Life Insurance 7.01 Sun Life Financial 03/11/2021 101-1560-4046 March Life Insurance 5.86 Sun Life Financial 03/11/2021 101-1600-4046 March Life Insurance 4.75 Sun Life Financial 03/11/2021 101-1700-4046 March Life Insurance 0.53 Sun Life Financial 03/11/2021 101-1550-4046 March Life Insurance 48.14 Sun Life Financial 03/11/2021 101-1420-4046 March Life Insurance 39.24 Sun Life Financial 03/11/2021 101-1430-4046 March Life Insurance 2.33 Sun Life Financial 03/11/2021 210-0000-4046 March Life Insurance 8.69 Sun Life Financial 03/11/2021 720-7201-4046 March Life Insurance 2.74 Sun Life Financial 03/11/2021 720-7202-4046 March Life Insurance 2.74 Sun Life Financial 03/11/2021 101-1220-4046 March Life Insurance 26.31 Sun Life Financial 03/11/2021 701-0000-4046 March Life Insurance 37.28 Sun Life Financial 03/11/2021 700-0000-4046 March Life Insurance 49.20 Sun Life Financial 03/11/2021 720-0000-4046 March Life Insurance 19.76 Sun Life Financial 03/11/2021 101-0000-2011 March Life Insurance 660.98 Sun Life Financial 03/11/2021 210-0000-2011 March Life Insurance 10.59 Sun Life Financial 03/11/2021 700-0000-2011 March Life Insurance 151.52 Sun Life Financial 03/11/2021 701-0000-2011 March Life Insurance 151.52 Sun Life Financial 03/11/2021 720-0000-2011 March Life Insurance 10.27 Sun Life Financial 03/11/2021 101-0000-2011 March Life Insurance - Cobra 50.66 Sun Life Financial 1,545.23 Target 02/17/2021 101-1110-4370 City Council interviews snacks 29.33 Target 02/17/2021 701-0000-4150 Personal Charge on City CC 20.00 Target 49.33 TBEI, Inc 03/04/2021 101-1320-4120 Supplies 132.21 TBEI, Inc 132.21 The Lock People 02/17/2021 701-0000-4530 Lock 473.50 The Lock People 473.50 TWIN CITY SEED CO.03/04/2021 720-7025-4290 Mulch 105.00 TWIN CITY SEED CO. 105.00 U of M Contlearning 02/17/2021 720-7202-4370 MN Annual Forestry Conference 150.00 U of M Contlearning 02/17/2021 101-1310-4360 CEAM Conference & Membership 235.00 U of M Contlearning 385.00 USA BLUE BOOK 03/04/2021 700-0000-4260 Tools 211.33 USA BLUE BOOK 03/04/2021 700-0000-4120 Supplies 734.19 USA BLUE BOOK 03/04/2021 700-0000-4550 Materials - Return -262.00 USA BLUE BOOK 683.52 Accounts Payable - Check Detail-ACH (03/12/2021 - 11:30 AM)Page 9 of 11 Name Check D Account Description Amount USABlueBook 02/17/2021 701-0000-4150 Lifting Eye for Submersible 63.23 USABlueBook 63.23 VALLEY PAVING INC 03/11/2021 601-6045-4751 Powers Blvd & Lake Lucy Road Ped improvements 98,175.61 VALLEY PAVING INC 98,175.61 VERIZON WIRELESS 03/04/2021 700-0000-4310 Monthly Service 87.57 VERIZON WIRELESS 03/04/2021 701-0000-4310 Monthly Service 87.57 VERIZON WIRELESS 03/04/2021 101-1220-4310 Monthly Service 40.01 VERIZON WIRELESS 03/04/2021 101-1550-4310 Monthly Service 427.24 VERIZON WIRELESS 03/04/2021 101-1520-4310 Monthly Service 41.50 VERIZON WIRELESS 03/04/2021 101-1600-4310 Monthly Service 158.97 VERIZON WIRELESS 03/04/2021 101-1530-4310 Monthly Service 41.50 VERIZON WIRELESS 03/04/2021 700-0000-4310 Monthly Service 542.37 VERIZON WIRELESS 03/04/2021 701-0000-4310 Monthly Service 397.08 VERIZON WIRELESS 03/04/2021 720-0000-4310 Monthly Service 235.11 VERIZON WIRELESS 03/04/2021 101-1160-4310 Monthly Service 93.00 VERIZON WIRELESS 03/04/2021 101-1120-4310 Monthly Service 200.73 VERIZON WIRELESS 03/04/2021 101-1170-4310 Monthly Service 41.50 VERIZON WIRELESS 03/04/2021 101-1260-4310 Monthly Service 76.51 VERIZON WIRELESS 03/04/2021 101-1250-4310 Monthly Service 288.05 VERIZON WIRELESS 03/04/2021 101-1310-4310 Monthly Service 129.50 VERIZON WIRELESS 03/04/2021 101-1370-4310 Monthly Service 100.66 VERIZON WIRELESS 03/04/2021 101-1320-4310 Monthly Service 326.73 VERIZON WIRELESS 03/04/2021 101-1220-4310 Monthly Service 503.12 VERIZON WIRELESS 03/04/2021 101-0000-2033 Monthly Service 11.31 VERIZON WIRELESS 03/04/2021 101-1110-4300 Monthly Service 40.01 VERIZON WIRELESS 3,870.04 Water Conservation Services, Inc.03/04/2021 700-0000-4552 Leak Locate Services 664.83 Water Conservation Services, Inc. 664.83 WAYTEK INC 03/11/2021 101-1550-4120 Supplies 515.23 WAYTEK INC 515.23 WSB & ASSOCIATES INC 03/11/2021 720-7025-4300 2021 Pond Maintenance Project 4,220.75 WSB & ASSOCIATES INC 03/11/2021 601-6039-4300 Lake Drive East Street Improvement Project 450.00 WSB & ASSOCIATES INC 4,670.75 XCEL ENERGY INC 03/04/2021 101-1600-4320 Monthly Service 56.44 XCEL ENERGY INC 03/04/2021 101-1540-4320 Monthly Service 778.69 XCEL ENERGY INC 03/04/2021 101-1600-4320 Monthly Service 230.34 XCEL ENERGY INC 03/04/2021 101-1550-4320 Monthly Service 166.26 XCEL ENERGY INC 03/04/2021 101-1350-4320 Monthly Service 20,899.16 XCEL ENERGY INC 03/04/2021 701-0000-4320 Monthly Service 3,149.57 XCEL ENERGY INC 03/04/2021 700-0000-4320 Monthly Service -173.92 XCEL ENERGY INC 25,106.54 ZIEGLER INC 03/04/2021 700-0000-4120 Supplies 192.56 Accounts Payable - Check Detail-ACH (03/12/2021 - 11:30 AM)Page 10 of 11 Name Check D Account Description Amount ZIEGLER INC 03/04/2021 700-0000-4120 Supplies 51.90 ZIEGLER INC 244.46 Zoom 02/17/2021 101-1160-4220 Monthly Zoom Webinar charge Rec Center Admin 85.90 Zoom 85.90 269,708.57 Accounts Payable - Check Detail-ACH (03/12/2021 - 11:30 AM)Page 11 of 11