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Agenda_2020_7_27_Meeting(204) (2)AGENDA CHANHASSEN CITY COUNCIL MONDAY, JULY 27, 2020 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD A.5:00 P.M. ­ WORK SESSION Note:  Work sessions are open to the public.If the City Council does not complete the work session items in the time allotted, the remaining items will be considered after the regular agenda. 1.Discussion of Affordable Senior Housing ­ Powers Ridge 2.2020 Road Funding Discussion 3.CARES Funding Update­Small Business Grant Award B.7:00 P.M. ­ ECONOMIC DEVELOPMENT AUTHORITY MEETING 1.Release Assessment Agreement for 1501 Park Road 2.Approval of Economic Development Authority Minutes dated September 24, 2018 C.CALL TO ORDER D.PUBLIC ANNOUNCEMENTS 1.Todd Hoffman Retirement Proclamation E.7:30 P.M. ­ 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 July 13, 2020 2.Approve City Center Park Paver Replacement Project 3.Authorize a Cooperative Agreement with RPBCWD for the Silver Lake Water Quality Improvement Project 4.Approve an Amendment to the Chaparral Planned Unit Development (PUD) Ordinance to Correct a Typographical Error 5.Approve 2021 Service Agreement for Joint Assessment with Carver County Assessor AGENDACHANHASSEN CITY COUNCILMONDAY, JULY 27, 2020CHANHASSEN CITY HALL, 7700 MARKET BOULEVARDA.5:00 P.M. ­ WORK SESSIONNote:  Work sessions are open to the public.If the City Council does not complete the worksession items in the time allotted, the remaining items will be considered after the regularagenda.1.Discussion of Affordable Senior Housing ­ Powers Ridge2.2020 Road Funding Discussion3.CARES Funding Update­Small Business Grant AwardB.7:00 P.M. ­ ECONOMIC DEVELOPMENT AUTHORITY MEETING1.Release Assessment Agreement for 1501 Park Road2.Approval of Economic Development Authority Minutes dated September 24, 2018C.CALL TO ORDERD.PUBLIC ANNOUNCEMENTS1.Todd Hoffman Retirement ProclamationE.7:30 P.M. ­ 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 July 13, 20202.Approve City Center Park Paver Replacement Project3.Authorize a Cooperative Agreement with RPBCWD for the Silver Lake Water QualityImprovement Project4.Approve an Amendment to the Chaparral Planned Unit Development (PUD) Ordinance to Correct a Typographical Error 5.Approve 2021 Service Agreement for Joint Assessment with Carver County Assessor 6.Amendment to the Development Contract for Boylan Shores F.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.Gretchen Piper Citizen Action Request Form G.FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE 1.Fire Department Update 2.Law Enforcement Update H.OLD BUSINESS 1.Resolution 2020­XX and 2020­XX: Adopt Assessment Rolls and Award Construction Contract for 2020 Street Rehabilitation Project 2.Resolution 2020­XX and 2020­XX: Adopt Assessment Roll and Award construction contract for Lake Lucy MSA Project I.PUBLIC HEARINGS 1.Approve Metes and Bounds Subdivision at 901 Carver Beach Road J.NEW BUSINESS 1.Approve a Request for a Conditional Use Permit (CUP) for Food Processing and Outdoor Storage for Six Silos on Property Located at 2100 Stoughton Avenue (Hemp Acres) 2.Resolution 2020­XX: Recommending Chanhassen Residents and Visitors Wear Masks K.COUNCIL PRESENTATIONS L.ADMINISTRATIVE PRESENTATIONS M.CORRESPONDENCE DISCUSSION 1.Review of Claims Paid 07­27­2020 2.Letter from Landmark Partners, Inc. dated 7­16­2020 3.June 2020 Revenue/Expenditures Budgets vs. Actual N.ADJOURNMENT O.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 AGENDACHANHASSEN CITY COUNCILMONDAY, JULY 27, 2020CHANHASSEN CITY HALL, 7700 MARKET BOULEVARDA.5:00 P.M. ­ WORK SESSIONNote:  Work sessions are open to the public.If the City Council does not complete the worksession items in the time allotted, the remaining items will be considered after the regularagenda.1.Discussion of Affordable Senior Housing ­ Powers Ridge2.2020 Road Funding Discussion3.CARES Funding Update­Small Business Grant AwardB.7:00 P.M. ­ ECONOMIC DEVELOPMENT AUTHORITY MEETING1.Release Assessment Agreement for 1501 Park Road2.Approval of Economic Development Authority Minutes dated September 24, 2018C.CALL TO ORDERD.PUBLIC ANNOUNCEMENTS1.Todd Hoffman Retirement ProclamationE.7:30 P.M. ­ 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 July 13, 20202.Approve City Center Park Paver Replacement Project3.Authorize a Cooperative Agreement with RPBCWD for the Silver Lake Water QualityImprovement Project4.Approve an Amendment to the Chaparral Planned Unit Development (PUD)Ordinance to Correct a Typographical Error5.Approve 2021 Service Agreement for Joint Assessment with Carver County Assessor6.Amendment to the Development Contract for Boylan ShoresF.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.Gretchen Piper Citizen Action Request FormG.FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE1.Fire Department Update2.Law Enforcement UpdateH.OLD BUSINESS1.Resolution 2020­XX and 2020­XX: Adopt Assessment Rolls and Award ConstructionContract for 2020 Street Rehabilitation Project2.Resolution 2020­XX and 2020­XX: Adopt Assessment Roll and Award constructioncontract for Lake Lucy MSA ProjectI.PUBLIC HEARINGS1.Approve Metes and Bounds Subdivision at 901 Carver Beach RoadJ.NEW BUSINESS1.Approve a Request for a Conditional Use Permit (CUP) for Food Processing andOutdoor Storage for Six Silos on Property Located at 2100 Stoughton Avenue (HempAcres)2.Resolution 2020­XX: Recommending Chanhassen Residents and Visitors WearMasksK.COUNCIL PRESENTATIONSL.ADMINISTRATIVE PRESENTATIONSM.CORRESPONDENCE DISCUSSION1.Review of Claims Paid 07­27­20202.Letter from Landmark Partners, Inc. dated 7­16­20203.June 2020 Revenue/Expenditures Budgets vs. ActualN.ADJOURNMENTO.GUIDELINES GUIDELINES FOR VISITOR PRESENTATIONSWelcome to the Chanhassen City Council Meeting.  In the interest of open communications, the Chanhassen CityCouncil wishes to provide an opportunity for the public to address the City Council.  That opportunity is providedat every regular City Council meeting during Visitor Presentations.Anyone seeking a response or action from the City Council following their presentation is required to complete and submit a Citizen Action Request Form. An online form is available at https://www.ci.chanhassen.mn.us/action or paper forms are available in the city council chambers prior to the meeting. Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue.  Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the Council. During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion or request. Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Tequila Butcher, 590 West 79th Street in Chanhassen immediately after the meeting for a purely social event. All members of the public are welcome. CITY COUNCIL STAFF REPORT Monday, July 27, 2020 Subject Discussion of Affordable Senior Housing ­ Powers Ridge Section 5:00 P.M. ­ WORK SESSION Item No: A.1. Prepared By Kate Aanenson, AICP, Community Development Director File No:  SUMMARY The developer is seeking feedback. No formal motion at this time. Request: A Senior Affordable Apartment Building for 105 units. Current Entitlement is for 88 units (currently at 16 units an acre); the developer is asking for 105 units, which exceeds the limitations. BACKGROUND Issues: There is an existing PUD Agreement guiding all of “Lake Susan Hills,” limiting the number of units. The city’s Comprehensive Plan states in the Housing Chapter Action Plan “The city could consider permitting up to a 25% increase in the net density for a project featuring affordable housing.” The PUD would have to be amended to allow the additional 17 units. The Developer would have to provide a verifiable commitment demonstrating the units remain affordable. Staff recommends this commitment remain in place as long as TIF assistance is provided. The PUD amendment would require a Public Hearing before and approval by the City Council. The Developer is seeking Tax Increment Financing to provide 54 affordable units. DISCUSSION Issues for the City Council to consider: Does the city want to consider allowing a density credit for affordable senior housing? Does the city want to create allowing Tax increment District to support this project? RECOMMENDATION The Developer is looking for direction from the City Council. He has provided the following: A Market Assessment for Senior Rental Housing in Chanhassen Site and Floor Plans Two Investment Analyses 105 affordable units CITY COUNCIL STAFF REPORTMonday, July 27, 2020SubjectDiscussion of Affordable Senior Housing ­ Powers RidgeSection5:00 P.M. ­ WORK SESSION Item No: A.1.Prepared By Kate Aanenson, AICP, CommunityDevelopment Director File No: SUMMARYThe developer is seeking feedback. No formal motion at this time.Request:A Senior Affordable Apartment Building for 105 units.Current Entitlement is for 88 units (currently at 16 units an acre); the developer is asking for 105 units, whichexceeds the limitations.BACKGROUNDIssues:There is an existing PUD Agreement guiding all of “Lake Susan Hills,” limiting the number of units.The city’s Comprehensive Plan states in the Housing Chapter Action Plan “The city could consider permittingup to a 25% increase in the net density for a project featuring affordable housing.”The PUD would have to be amended to allow the additional 17 units.The Developer would have to provide a verifiable commitment demonstrating the units remain affordable.Staff recommends this commitment remain in place as long as TIF assistance is provided.The PUD amendment would require a Public Hearing before and approval by the City Council.The Developer is seeking Tax Increment Financing to provide 54 affordable units.DISCUSSIONIssues for the City Council to consider:Does the city want to consider allowing a density credit for affordable senior housing?Does the city want to create allowing Tax increment District to support this project?RECOMMENDATIONThe Developer is looking for direction from the City Council. He has provided the following:A Market Assessment for Senior Rental Housing in ChanhassenSite and Floor Plans Two Investment Analyses 105 affordable units 54 affordable units ATTACHMENTS: Applicant's Agenda Site Plan Rental Demand Pro Forma 100% affordable Pro Forma 51% affordable Chanhassen Agenda 1. Site Plan 2. Rendering 3. Proposed unit count – 110 units 56 Affordable 54 Market rate $21,707,250.00 project cost 4. Housing Study a. Page 17 Affordable Demand 98 units b. Page 19 Market Rate Demand 57 units c. Page 20 Rent Rate guides per housing study for affordable and market rate housing i. Affordable rent rate 1085.00-1485.00 per month ii. Market rate rent rate 1500.00 – 2500.00 per month 5. Pro forma (A) 100% Affordable Housing a. .996 Debt Coverage Ratio with 20% cash down payment b. Taxes assumption 150,000.00 per year i. TIF pay as you go request 135,000.00 per year (19 Years) 6. Pro forma (B) 51% Affordable / 49 % Market Rate a. 1.32 Debt Coverage Ratio with 20 % down payment b. Taxes assumption 150,000.00 per year i. TIF pay as you go request 135,000.00 per year (19 Years) 7. Questions kaas wilson architects Chanhassen Senior ApartmentsCOVER 0.0 03/12/20 Chanhassen Senior Apartments 03/12/20 kaas wilson architects Chanhassen Senior ApartmentsPROJECT DATA 1.0 03/12/20 UNIT MIX - GROSS AREA Name Count Unit Gross Area Total Area %Main Floor 1 BR Unit 1-0 14 663 ft² 9,278 ft² 13% Unit 1-1 32 731 ft² 23,387 ft² 30% 1 BR + Den Unit 2-0 23 884 ft² 20,324 ft² 22% Unit 2-1 18 952 ft² 17,132 ft² 17% Unit 2-2 4 996 ft² 3,986 ft² 4% Unit 2-3 2 906 ft² 1,811 ft² 2% 2BR Unit 3-0 6 1,106 ft² 6,638 ft² 6% Unit 3-1 6 1,174 ft² 7,046 ft² 6% Grand total 105 89,603 ft² PARKING Level Type Count Level -1 105 Level 1 74 179 GROSS AREA - TOTAL Level Area Level 3 36,221 ft² Level 2 36,221 ft² Level 1 36,221 ft² Level -1 36,769 ft² Grand total 145,432 ft² kaas wilson architects Chanhassen Senior ApartmentsSITE PLAN 2.0 03/12/20 35,958 ft² Garage 811 ft² Wood Shop 105 STALLS STAIRS CIRCULATION CORE STAIRS STAIRS MECH. / UTILITY MECH. / UTILITY 8 9 10 11 kaas wilson architects Chanhassen Senior ApartmentsFLOOR PLANS - LEVEL -1 3.0 03/12/20 1" = 40'-0"1 Level -1 3,448 ft² Commons 1,727 ft² Commons 50 STALLS 24 STALLS COVERED DROP OFF STAIRSCIRCULATION CORESTAIRS STAIRS OUTDOOR PATIO 8 9 10 11 1,106 ft² Unit 3-0 731 ft² Unit 1-1 884 ft² Unit 2-0 663 ft² Unit 1-0 884 ft² Unit 2-0 884 ft² Unit 2-0 731 ft² Unit 1-1 884 ft² Unit 2-0 731 ft² Unit 1-1 1,106 ft² Unit 3-0 731 ft² Unit 1-1 884 ft² Unit 2-0 884 ft² Unit 2-0 663 ft² Unit 1-0 884 ft² Unit 2-0 731 ft² Unit 1-1 952 ft² Unit 2-1 731 ft² Unit 1-1 952 ft² Unit 2-1 731 ft² Unit 1-1 952 ft² Unit 2-1 1,174 ft² Unit 3-1 663 ft² Unit 1-0 731 ft² Unit 1-1 952 ft² Unit 2-1 731 ft² Unit 1-1 952 ft² Unit 2-1 663 ft² Unit 1-0 731 ft² Unit 1-1 952 ft² Unit 2-1 1,174 ft² Unit 3-1 kaas wilson architects Chanhassen Senior ApartmentsFLOOR PLANS - LEVEL 1 3.1 04/03/20 1" = 40'-0"1 Level 1 STAIRSCIRCULATION CORESTAIRS STAIRS 8 9 10 11 1,106 ft² Unit 3-0 731 ft² Unit 1-1 884 ft² Unit 2-0 663 ft² Unit 1-0 884 ft² Unit 2-0 996 ft² Unit 2-2 731 ft² Unit 1-1 884 ft² Unit 2-0 731 ft² Unit 1-1 884 ft² Unit 2-0 731 ft² Unit 1-1 1,106 ft² Unit 3-0 731 ft² Unit 1-1 884 ft² Unit 2-0 884 ft² Unit 2-0 906 ft² Unit 2-3 996 ft² Unit 2-2663 ft² Unit 1-0 884 ft² Unit 2-0 663 ft² Unit 1-0 884 ft² Unit 2-0 731 ft² Unit 1-1 952 ft² Unit 2-1 731 ft² Unit 1-1 952 ft² Unit 2-1 731 ft² Unit 1-1 952 ft² Unit 2-1 1,174 ft² Unit 3-1 663 ft² Unit 1-0 731 ft² Unit 1-1 952 ft² Unit 2-1 731 ft² Unit 1-1 952 ft² Unit 2-1 663 ft² Unit 1-0 731 ft² Unit 1-1 952 ft² Unit 2-1 1,174 ft² Unit 3-1 kaas wilson architects Chanhassen Senior ApartmentsFLOOR PLANS - LEVEL 2 3.2 04/03/20 1" = 40'-0"1 Level 2 STAIRSCIRCULATION CORESTAIRS STAIRS 1,106 ft² Unit 3-0 731 ft² Unit 1-1 884 ft² Unit 2-0 663 ft² Unit 1-0 884 ft² Unit 2-0 996 ft² Unit 2-2 731 ft² Unit 1-1 884 ft² Unit 2-0 731 ft² Unit 1-1 884 ft² Unit 2-0 731 ft² Unit 1-1 1,106 ft² Unit 3-0 731 ft² Unit 1-1 884 ft² Unit 2-0 884 ft² Unit 2-0 906 ft² Unit 2-3 996 ft² Unit 2-2663 ft² Unit 1-0 884 ft² Unit 2-0 663 ft² Unit 1-0 884 ft² Unit 2-0 731 ft² Unit 1-1 952 ft² Unit 2-1 731 ft² Unit 1-1 952 ft² Unit 2-1 731 ft² Unit 1-1 952 ft² Unit 2-1 1,174 ft² Unit 3-1 8 9 10 11 663 ft² Unit 1-0 731 ft² Unit 1-1 952 ft² Unit 2-1 731 ft² Unit 1-1 952 ft² Unit 2-1 663 ft² Unit 1-0 731 ft² Unit 1-1 952 ft² Unit 2-1 1,174 ft² Unit 3-1 kaas wilson architects Chanhassen Senior ApartmentsFLOOR PLANS - LEVEL 3 3.3 04/03/20 1" = 40'-0"1 Level 3 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. INVESTMENT ANALYSISPro forma A Apartment, MN 110 unit buildingSQ FTUnitsUnit SizeRent rateMonthlyAnnualAffordable701 461 BR 1 BA1,085 49,910 598,920Affordable913 521 BR Den 1 BA1,285 66,820 801,840110Affordable1,150 122 BR 2 BA1,500 18,000 216,000UnitsMarket Rate7801 BR 1 BA1,500 0 0Market Rate1,0001 BR Den 1 BA1,800 0 00Market Rate 1,2002 BR 2 BA2,100 0 0Average Rent1,225 1109,270 134,730 1,616,760Three story, wood frame, with brick veneerIncluded in Rent: Heat, Garbage, Water/SewerNot included in Rent: Electric, Telephone, CableOther property amenities: A/C in each unit, Washer & Dryer on each floor, Window Coverings, Refrigerator, Range, Dishwasher, Microwave------------------------------------------------------------------------------------------------ASSUMPTIONS------------------------------Financing Information Purchase Price$21,707,250Down Payment$4,341,450------------------ Amount Financed$17,365,800==========Costs Allocation Land Cost$2,000,000 Building Cost$15,500,000 Development Fees$1,000,000 Building Permit$94,350 Wac/Sac$1,400,000 SWMP$3,750 City Admin Fee$250 Park Fee$210,000 Landscaping$52,500 Site Infrastructure$250,000 FFE$150,000 Architect/Engineer Costs $400,000 Civil Surveyor$25,000 Third Party Reports$30,000 Legal and Accounting$50,000 Development Soft Cost Contigency (In Construction) $0 Origination Fees$86,400 Interest During Constuction $435,000 Title Insurance$10,000 Title Recording Closing$10,0007/20/2020 0:00 Rent Up Reserve ( In Loan)$0------------------ Total Cost$21,707,250========== Interest Rate4.000% Pay Periods Per Year12 Term of Loan in years20Inflation Rates Income1.00% Expenses3.00%Payment per Month$105,233.33Income Tax Bracket39% ------------------------------------------------------------------------------------------------ -------------------- ----------------- ----------------- ----------------- ----------------- ----------------- ----------------- ----------------- -----------------2022202320242025202620272028202920302031INCOMEApartment Rental Income$1,616,760$1,632,928$1,649,257$1,665,749$1,682,407$1,699,231$1,716,223$1,733,386$1,750,719$1,768,227Cable IncomeGarageLaundry--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Gross Income$1,616,760$1,632,928$1,649,257$1,665,749$1,682,407$1,699,231$1,716,223$1,733,386$1,750,719$1,768,227Less: Vacancy5.00%$80,838$81,646$82,463$83,287$84,120$84,962$85,811$86,669$87,536$88,411--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------TIF Income$130,000$130,000$130,000$130,000$130,000$130,000$130,000$130,000$130,000$130,000Net Rental Income$1,665,922$1,681,281$1,696,794$1,712,462$1,728,287$1,744,269$1,760,412$1,776,716$1,793,183$1,809,815EXPENSES Telephone and Internet (Office)$545$561$578$596$613$632$651$670$690$711 Janitor Payroll$3,600$3,708$3,819$3,934$4,052$4,173$4,299$4,428$4,560$4,697 On Site Manager Assistant Payroll$15,000$15,000$15,000$15,000$15,000$15,000$15,000$15,000$15,000$15,000 Property Management$80,838$83,263$85,761$88,334$90,984$93,713$96,525$99,421$102,403$105,475 Insurance$20,000$20,600$21,218$21,855$22,510$23,185$23,881$24,597$25,335$26,095 Repairs, Maintainance & Supplies$10,000$10,300$10,609$10,927$11,255$11,593$11,941$12,299$12,668$13,048 Payroll and Taxes$60,000$61,800$63,654$65,564$67,531$69,556$71,643$73,792$76,006$78,286 Contract Services $500$515$530$546$563$580$597$615$633$652 Ground Maintenance$3,000$3,090$3,183$3,278$3,377$3,478$3,582$3,690$3,800$3,914 Snow Removal$5,000$5,150$5,305$5,464$5,628$5,796$5,970$6,149$6,334$6,524 Bank Fees$100$103$106$109$113$116$119$123$127$130 Advertising$3,410$504$519$535$551$567$584$602$620$638 Licenses & Permits$4,125$4,249$4,376$4,507$4,643$4,782$4,925$5,073$5,225$5,382 Utilities$25,000$25,750$26,523$27,318$28,138$28,982$29,851$30,747$31,669$32,619 Refuse Removal$15,400$15,862$16,338$16,828$17,333$17,853$18,388$18,940$19,508$20,094 Security Deposit Int$2,750$2,833$2,917$3,005$3,095$3,188$3,284$3,382$3,484$3,588 Accounting/Legal$4,000$4,000$4,000$4,000$4,000$4,000$4,000$4,000$4,000$4,000 Real Estate Taxes$150,000$150,000$150,000$150,000$150,000$150,000$150,000$150,000$150,000$150,000 Bad Debts$5,500$5,665$5,835$6,010$6,190$6,376$6,567$6,764$6,967$7,176 Painting, Decorating (Turnover Costs)$5,000$5,150$5,305$5,464$5,628$5,796$5,970$6,149$6,334$6,524Capital Improvements$0$0$0$15,000$15,000$15,000$15,000$15,000$15,000$15,000-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Total Operating Expenses$413,768$418,103$425,576$448,273$456,201$464,367$472,778$481,442$490,365$499,556-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Net Operating Income$1,252,154$1,263,178$1,271,218$1,264,189$1,272,085$1,279,902$1,287,634$1,295,275$1,302,818$1,310,259DEBT SERVICE Interest $684,099$660,522$635,984$610,447$583,869$556,208$527,420$497,460$466,279$433,827 Principle$578,701$602,278$626,816$652,353$678,931$706,592$735,380$765,340$796,521$828,973--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Debt Service Coverage Ratio0.9921.0001.0071.0011.0071.0141.0201.0261.0321.038Cash Flow From Operations-$10,646$378$8,418$1,389$9,285$17,102$24,834$32,475$40,019$47,459 INVESTMENT ANALYSISPro forma B Apartment, MN 110 unit buildingSQ FTUnitsUnit SizeRent rateMonthlyAnnualAffordable701 261 BR 1 BA1,085 28,210 338,520Affordable913 241 BR Den 1 BA1,285 30,840 370,08056Affordable1,150 62 BR 2 BA1,500 9,000 108,000UnitsMarket Rate780 241 BR 1 BA1,650 39,600 475,200Market Rate1,000 241 BR Den 1 BA2,150 51,600 619,20054Market Rate 1,20062 BR 2 BA2,400 14,400 172,800Average Rent1,579 11010,070 173,650 2,083,800Three story, wood frame, with brick veneerIncluded in Rent: Heat, Garbage, Water/SewerNot included in Rent: Electric, Telephone, CableOther property amenities: A/C in each unit, Washer & Dryer on each floor, Window Coverings, Refrigerator, Range, Dishwasher, Microwave------------------------------------------------------------------------------------------------ASSUMPTIONS------------------------------Financing Information Purchase Price$21,707,250Down Payment$4,341,450------------------ Amount Financed$17,365,800==========Costs Allocation Land Cost$2,000,000 Building Cost$15,500,000 Development Fees$1,000,000 Building Permit$94,350 Wac/Sac$1,400,000 SWMP$3,750 City Admin Fee$250 Park Fee$210,000 Landscaping$52,500 Site Infrastructure$250,000 FFE$150,000 Architect/Engineer Costs $400,000 Civil Surveyor$25,000 Third Party Reports$30,000 Legal and Accounting$50,000 Development Soft Cost Contigency (In Construction) $0 Origination Fees$86,400 Interest During Constuction $435,000 Title Insurance$10,000 Title Recording Closing$10,0007/20/2020 0:00 Rent Up Reserve (In Loan)$0------------------ Total Cost$21,707,250========== Interest Rate4.000% Pay Periods Per Year12 Term of Loan in years20Inflation Rates Income1.00% Expenses3.00%Payment per Month$105,233.33Income Tax Bracket39% ------------------------------------------------------------------------------------------------ -------------------- ----------------- ----------------- ----------------- ----------------- ----------------- ----------------- ----------------- -----------------2022202320242025202620272028202920302031INCOMEApartment Rental Income$2,083,800$2,104,638$2,125,684$2,146,941$2,168,411$2,190,095$2,211,996$2,234,116$2,256,457$2,279,021Cable IncomeGarageLaundry--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Gross Income$2,083,800$2,104,638$2,125,684$2,146,941$2,168,411$2,190,095$2,211,996$2,234,116$2,256,457$2,279,021Less: Vacancy5.00%$104,190$105,232$106,284$107,347$108,421$109,505$110,600$111,706$112,823$113,951--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------TIF Income$130,000$130,000$130,000$130,000$130,000$130,000$130,000$130,000$130,000$130,000Net Rental Income$2,109,610$2,129,406$2,149,400$2,169,594$2,189,990$2,210,590$2,231,396$2,252,410$2,273,634$2,295,070EXPENSES Telephone and Internet (Office)$545$561$578$596$613$632$651$670$690$711 Janitor Payroll$3,600$3,708$3,819$3,934$4,052$4,173$4,299$4,428$4,560$4,697 On Site Manager Assistant Payroll$15,000$15,000$15,000$15,000$15,000$15,000$15,000$15,000$15,000$15,000 Property Management$104,190$107,316$110,535$113,851$117,267$120,785$124,408$128,141$131,985$135,944 Insurance$20,000$20,600$21,218$21,855$22,510$23,185$23,881$24,597$25,335$26,095 Repairs, Maintainance & Supplies$10,000$10,300$10,609$10,927$11,255$11,593$11,941$12,299$12,668$13,048 Payroll and Taxes$60,000$61,800$63,654$65,564$67,531$69,556$71,643$73,792$76,006$78,286 Contract Services $500$515$530$546$563$580$597$615$633$652 Ground Maintenance$3,000$3,090$3,183$3,278$3,377$3,478$3,582$3,690$3,800$3,914 Snow Removal$5,000$5,150$5,305$5,464$5,628$5,796$5,970$6,149$6,334$6,524 Bank Fees$100$103$106$109$113$116$119$123$127$130 Advertising$3,410$504$519$535$551$567$584$602$620$638 Licenses & Permits$4,125$4,249$4,376$4,507$4,643$4,782$4,925$5,073$5,225$5,382 Utilities$25,000$25,750$26,523$27,318$28,138$28,982$29,851$30,747$31,669$32,619 Refuse Removal$15,400$15,862$16,338$16,828$17,333$17,853$18,388$18,940$19,508$20,094 Security Deposit Int$2,750$2,833$2,917$3,005$3,095$3,188$3,284$3,382$3,484$3,588 Accounting/Legal$4,000$4,000$4,000$4,000$4,000$4,000$4,000$4,000$4,000$4,000 Real Estate Taxes$150,000$150,000$150,000$150,000$150,000$150,000$150,000$150,000$150,000$150,000 Bad Debts$5,500$5,665$5,835$6,010$6,190$6,376$6,567$6,764$6,967$7,176 Painting, Decorating (Turnover Costs)$5,000$5,150$5,305$5,464$5,628$5,796$5,970$6,149$6,334$6,524Capital Improvements$0$0$0$15,000$15,000$15,000$15,000$15,000$15,000$15,000-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Total Operating Expenses$437,120$442,155$450,350$473,790$482,484$491,439$500,662$510,162$519,947$530,025-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Net Operating Income$1,672,490$1,687,251$1,699,050$1,695,804$1,707,506$1,719,151$1,730,734$1,742,248$1,753,687$1,765,045DEBT SERVICE Interest $684,099$660,522$635,984$610,447$583,869$556,208$527,420$497,460$466,279$433,827 Principle$578,701$602,278$626,816$652,353$678,931$706,592$735,380$765,340$796,521$828,973--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Debt Service Coverage Ratio1.3241.3361.3451.3431.3521.3611.3711.3801.3891.398Cash Flow From Operations$409,690$424,451$436,250$433,004$444,706$456,351$467,934$479,448$490,887$502,245 CITY COUNCIL STAFF REPORT Monday, July 27, 2020 Subject 2020 Road Funding Discussion Section 5:00 P.M. ­ WORK SESSION Item No: A.2. Prepared By Charlie Howley, Director of Public Works/City Engineer File No: n/a SUMMARY Staff will review the latest funding options for the Council to consider with respect to the 2020 construction projects. BACKGROUND At the July 13 Council work session, the City Council directed staff to rework the 2020 ­ 2024 street paving programs to fit within current resources. The Council further directed that the revised plan should not require a property tax levy increase, a one­time cash infusion or bonding. ATTACHMENTS: PowerPoint Presentation City Council Workshop Revisiting 2020 Street Funding July 13, 2020 and July 27, 2020 What we heard at our last meeting: 1. Live within our means/prioritize our needs •No support for bonding •No support for using cash reserves •No support for a levy increase 2. Reach out to the County to inquire about restructuring our cost share agreements Option #1 •Complete (1) of 20-05 neighborhood projects (Lake Lucy) •This would be funded by moving $400k from the 2021 revolving assessment fund forward to 2020 (This therefore reduces our 2021 budget for roads by $400k) •This section of road is in the worst shape of our 20-05 neighborhoods •Pay our local portion of the Lyman project along with the Powers/Lake Lucy Ped Crossing project out of the revolving assessment fund Pro’s Con’s Lives within our current budget Lyman & Ped Crossing projects are not assessable Prioritizes the highest need and manages our risk Other projects are delayed, conditions worsen, costs increase Leverages an already favorably bid project Doesn’t leverage our MSA funds General neighborhood support Reduces 2021 roadway budget Not dependent on decision from the County Shows progress to the public Option #2 •Delay all non-awarded road projects to 2021 or later •Pay our local portion of the Lyman project along with the Powers/Lake Lucy Ped Crossing project out of the revolving assessment fund Pro’s Con’s Lives within our current budget Lyman & Ped Crossing projects are not assessable Not dependent on decision from County Projects are delayed, conditions worsen, costs increase Preserves existing 2021 and beyond budgets Doesn’t leverage our MSA funds Shows no progress to the public Creates a gap in our future annual repayment revenue Option #3 •Complete (2) of the 20-05 neighborhood projects (Lake Lucy & Choctaw) this year •This would be funded by moving $600k from the revolving assessment fund forward to 2020 (This therefore reduces our future year roadway budgets) •Pay our local portion of the Lyman project out of the revolving assessment fund over a period of 5 years, likely with interest (spreadsheet does not account for interest) •Pay the Powers/Lake Lucy Ped Crossing project out of the revolving assessment fund Pro’s Con’s Lives within our current budget Lyman & Ped Crossing projects are not assessable Prioritizes the highest needs Projects are delayed, conditions worsen, costs increase Leverages an already favorably bid project Doesn’t leverage our MSA funds Shows progress to the public Need County to agree to terms Reduces future year roadway budgets Option #4 •Complete (3) of the 20-05 neighborhood projects (Lake Lucy Road, Choctaw, & Kurvers) this year, delay the rest •This would be funded by moving $1M from the revolving assessment fund forward to 2020 (This therefore reduces our future year roadway budgets) •Pay our local portion of the Lyman project out of the revolving assessment fund over a period of 10 years, likely with interest (spreadsheet does not account for interest) •Pay the Powers/Lake Lucy Ped Crossing project out of the revolving assessment fund Pro’s Con’s Lives within our current budget Lyman & Ped Crossing projects are not assessable Prioritizes the highest needs Projects are delayed, conditions worsen, costs increase Leverages an already favorably bid project Doesn’t leverage our MSA funds Shows progress to the public Need County to agree to terms Results in best long-term fund stability Reduces future year roadway budgets Municipal State Aid (MSA) Funding •Our MSA fund account will not be utilized over the next 2 years outside of already encumbered expenses, the Minnewashta Pkwy project, and the MSA eligible portion of the Lyman project •The Lake Lucy Road MSA project (20-03) would be delayed until 2022 at the earliest •The schedule could be further impacted by the Avienda project should that move ahead as currently planned, and by future bid prices •We could utilize Pavement Management Funds to move ahead with some of the traffic/ped safety improvements from this project as a stand along project if desired Summary and Recommendation Staff recommends proceeding with Option 1, as we have no assurances from the County at this time that Options 3 or 4 will be successfully negotiated. *Reminder…..need decision for 2020 Local Road and Lake Lucy MSA projects tonight Options 1) Do (1) of the 2020 roadway projects by advancing some 2021 roadway budget while paying our Lyman and Lake Lucy/Powers Ped Crossing project costs per our current agreements 2) Do none of the 2020 roadway projects while paying our Lyman and Lake Lucy/Powers Ped Crossing project costs per our current agreements 3) Do (2) of the 2020 roadway projects by advancing some future year roadway budgets while paying our Lyman and Lake Lucy/Powers Ped Crossing project costs over a 5-yr period 4) Do (3) of the 2020 roadway projects by advancing some future year roadway budgets while paying our Lyman and Lake Lucy/Powers Ped Crossing project costs over a 10-yr period CITY COUNCIL STAFF REPORT Monday, July 27, 2020 Subject CARES Funding Update­Small Business Grant Award Section 5:00 P.M. ­ WORK SESSION Item No: A.3. Prepared By Greg Sticha, Finance Director / Kate Aanenson, AICP, Community Development Director File No:  SUMMARY In early July the City received $1,987,000 in CARES federal funding allocated to the city by the state of Minnesota. The eligible expenditures that can be used for this funding initially was not very clear but over the last several weeks more guidance has been given on eligible uses of these funds. The costs of COVID such as required paid leave and Unemployment Insurance reimbursement, cleaning/sanitizing and related supplies, safety measures such as protective glass at customer service counters, IT costs to work remotely and have public meetings be remote were consistently part of the eligible expense discussion. As staff began to talk to other cities and receive more state guidance, other items such as a facility COVID safety audit, facility improvements to protect the public and city employees in our public buildings, a local small business grant award program (helping assist local businesses impacted by COVID or the mandated shutdown), and budgeted payroll costs of public safety and public health employees were also included as eligible expenses for the federal funds. BACKGROUND With that in mind, staff did execute a contract for a COVID safety facility audit with Leo A Daly and Associates to evaluate any safety considerations that may need to be addressed in city facilities. The result of that audit will be shared with the City Council at the August 10th work session. Based on our initial discussions with the consultant, we understand they will be recommending a number of facility safety improvements which may require a significant portion of our CARES funding allocation. In addition, we have significant operational costs that could be considered for CARES funding (Required Paid Leave, Sanitizing, IT costs, Eligible Payroll Costs etc). Staff does believe that there are enough eligible costs in these categories (Operational & Facility Improvements) to use up the entire CARES funding allocation. Another eligible cost would be a Small Business Emergency Grant Award Program. Staff is looking for direction from the City Council on whether the Council would like to set aside a portion of the CARES funds for such a grant program and if so what guidelines for that program they would like to see included. Carver County is exploring the use of CARES funding for a small business assistance program as well. DISCUSSION The Carver County CDA has created a draft of a Small Business Emergency Assistance fund. The Fund was drafted by the CDA with input from the cities in the county. Any business that in the City of Chanhassen that meets the CITY COUNCIL STAFF REPORTMonday, July 27, 2020SubjectCARES Funding Update­Small Business Grant AwardSection5:00 P.M. ­ WORK SESSION Item No: A.3.Prepared By Greg Sticha, Finance Director / KateAanenson, AICP, CommunityDevelopment Director File No: SUMMARYIn early July the City received $1,987,000 in CARES federal funding allocated to the city by the state of Minnesota.The eligible expenditures that can be used for this funding initially was not very clear but over the last several weeksmore guidance has been given on eligible uses of these funds. The costs of COVID such as required paid leave andUnemployment Insurance reimbursement, cleaning/sanitizing and related supplies, safety measures such as protectiveglass at customer service counters, IT costs to work remotely and have public meetings be remote were consistentlypart of the eligible expense discussion. As staff began to talk to other cities and receive more state guidance, otheritems such as a facility COVID safety audit, facility improvements to protect the public and city employees in ourpublic buildings, a local small business grant award program (helping assist local businesses impacted by COVID orthe mandated shutdown), and budgeted payroll costs of public safety and public health employees were also includedas eligible expenses for the federal funds.BACKGROUNDWith that in mind, staff did execute a contract for a COVID safety facility audit with Leo A Daly and Associates toevaluate any safety considerations that may need to be addressed in city facilities. The result of that audit will beshared with the City Council at the August 10th work session. Based on our initial discussions with the consultant, weunderstand they will be recommending a number of facility safety improvements which may require a significant portionof our CARES funding allocation. In addition, we have significant operational costs that could be considered forCARES funding (Required Paid Leave, Sanitizing, IT costs, Eligible Payroll Costs etc). Staff does believe that thereare enough eligible costs in these categories (Operational & Facility Improvements) to use up the entire CARESfunding allocation.Another eligible cost would be a Small Business Emergency Grant Award Program. Staff is looking for direction fromthe City Council on whether the Council would like to set aside a portion of the CARES funds for such a grantprogram and if so what guidelines for that program they would like to see included. Carver County is exploring the useof CARES funding for a small business assistance program as well.DISCUSSION The Carver County CDA has created a draft of a Small Business Emergency Assistance fund. The Fund was drafted by the CDA with input from the cities in the county. Any business that in the City of Chanhassen that meets the eligibility requirements could apply through the County CDA program (see attachment). The City Of Chanhassen has the ability to establish their own Small Business emergency Assistance Fund. Because the money would have to awarded by November 15 the Council would have to provide direction to staff as the components of the program to review at the August 10th City Council meeting.  Issue for the Council to consider: Program administration: The city could allocate money to the Carver County CDA to administer on behalf of the City of Chanhassen The County CDA will be using Lee Hall with Next Stages (formerly with Open to Business) as the program administrator. Lee Hall has contracted with other counties to assist the application and administration process. If the city were to establish their own, program staff would recommend contracting with an independent party for awarding the grants  Funding: Establish a total amount to be used for grants Grants vs loans ­ staff recommends a grant program, rather than the ongoing monitoring required of a loan program Establish amount of individual of grants­ staff recommends $10,000 Eligible Businesses Staff recommends using standards similar to Maple Grove and Carver County CDA programs Eligible Uses Staff recommends using standards similar to Maple Grove and Carver County CDA programs RECOMMENDATION Staff is looking for direction from City Council. ATTACHMENTS: CARES Funding Proposed Budget Carver Couty CDA Loan Fund Maple Grove Emergency Loan Fund Estimated Budgeted Eligible Expense Estimated Budget Fire Department Duty Crews 35,000$ Sherriffs Office Public Safety Contract (up to $1.1 M eligible)670,000 Uncovered EPSL and UIC Wages 25,000 Wages paid for Rec Facility Supervisors, Dance Instructors and Rec Sports Employees 25,000 Already Spent City Hall Safety Improvements (glass & Cubicles)30,000 City Hall Bathroom and Other Safety Improvements 10,000 Election Safety Improvements 5,000 Current IT Improvements (Mostly Laptops and Temp Council Improvements)30,000 Additional IT Improvements (Meetings, Work Remote software, laptops)75,000 Forced Closure On-Sale Restaurants Grant Award 19,000 Sanitization Supplies Thru Nov 15 25,000 Masks for city employees, public visitors and public safety 20,000 Facility Audit Review Contract 19,500 Potential Facility Audit Report Recommended Improvements 1,000,000 Emergency Small Business Grant Award Program ?? Total Estimated Expense Needs 1,988,500 TOTAL CARES FUNDING ALLOTED 1,987,000 Note: These amounts are the best estimates with information at this time, the final dollars spent will vary. City of Chanhassen Proposed Estimated Cares Funds Budget 705 Walnut Street • Chaska • MN 55318 • 952.448.7715 • fax 952.448.6506 • www.carvercda.org Carver County Small Business Emergency Assistance Fund July 2020 2 Purpose Small businesses are critical to Carver County’s economy. Approximately 86 percent of all businesses within the county employ less than 20 people, and many of these businesses have been directly impacted by the COVID-19 pandemic. Because of this, Carver County cities and the Carver County Community Development Agency have come together to create the Small Business Emergency Assistance Fund. The purpose of the Small Business Emergency Assistance Fund is to provide emergency financial assistance, through a $10,000 grant, to small businesses located in Carver County who have been affected by the COVID-19 pandemic. The goal of program is to assist and stabilize businesses through this economic crisis. Funding Grants worth up to $10,000 will be awarded to businesses who have seen a direct financial impact due to the COVID-19 pandemic via a lottery system. Funds awarded may not be more than 50% of total revenue for the business in the previous year. Eligible Businesses To be eligible, businesses must meet all of the following criteria as of March 1, 2020: • Be a locally owned and operated for-profit business with a physical establishment in Carver County. • Have 40 or fewer employees. • Have $2 million or less in annual revenue. • Be open and operating on or before January 1, 2020. • Be in good regulatory standing with the State of Minnesota, Carver County, and city in which the business is located. This includes being current on applicable licenses, in compliance with city regulations, and being current on property taxes. • Be located in a commercial or industrial zoned district or allowed by a conditional use permit as defined by the regulating authority’s approved Land Use Map. • Be able to demonstrate a loss of revenue of at least 10 percent since March 15, 2020 (no credit score or collateral requirements apply). • For-profit farming operations are eligible. Certain businesses are ineligible, including: • Businesses without a physical establishment in Carver County • Non-profit organizations 3 • Corporate or multi-state chains. Franchisees are considered eligible businesses. • Businesses in default conditions prior to March 1, 2020. • Businesses the primarily derive income from any of the following: gambling; adult entertainment; passive investment; real estate transactions; property rentals/property management; billboards; or lobbying. • Businesses that primarily sell pawned merchandise, guns, tobacco or vaping products. Businesses that have applied for and/or were awarded any COVID-related federal funding, such as the Small Business Administration’s Economic Injury Disaster Loan (EIDL) or the Paycheck Property Program (PPP) are eligible for this grant. In order to serve as many businesses as possible, businesses who have been awarded COVID related emergency funds through the State of Minnesota Small Business Emergency Loan program or the Small Business Relief Grant program are ineligible for this grant. Eligible Uses Funds can be used for the following expenses: • Payroll • Rent • Mortgage payments • Utilities • Payments to suppliers • Other critical non-payroll business expenses (including, but not limited to expenses related to re-opening, personal protective equipment, and others) as approved by the fund administrator Application Process The application and award process will be as follows: • Applications will be accepted during a two week period beginning XXXX, 2020 and ending XXXX, 2020. • All applications must be completed online at: XXXXXXXX. Please contact XXXX if you need assistance filling out the electronic application. • If applications exceed the funding available, the fund administrator will select loan recipients using a lottery system. • The fund administrator, XXXXX, will notify approved applicants by email on or before XXXXX. • Upon notice of an approved application, applicants will be required to submit the following within five business days and prior to receiving any grant funds: 4 o 2019 Federal Business Tax Return or appropriate Business Tax Schedule-based upon entity type. Businesses that have not yet completed a 2019 Federal Tax Return are eligible to apply and substitute other documentation of revenue. o Evidence of revenue loss related to the COVID-19 pandemic. Applicant should submit documentation that best demonstrates the impact and is deemed acceptable to the fund administrator. Examples of acceptable documentation include Sales Tax Reports, Period Statements from 3rd party Sales Platforms, Merchant Services Statements, and Point of Sale or Register Reports. o Evidence of employment prior to March 1, 2020. Documents deemed acceptable include period reporting from a 3rd party payroll processor, applicant’s Federal Form 941/Employer’s Quarterly Federal Tax Return or other State or Federal payroll-related filing. o Any additional documentation deemed necessary by the fund administrator to determine eligibility or to meet program requirements. • Failure to submit required documentation will result in forfeiture of the grant award. • Upon acceptance of the documentation noted above, the business will enter into a grant agreement with the Carver County Community Development Agency prior to the disbursement of funds. • Terms will be included in the grant agreement, including expense documentation and reporting requirements. NOTE: The Carver County Community Development Agency reserves the right to revise these guidelines as needed to best address the impact to businesses of the current pandemic. REQUEST FOR EDA ACTION April 20, 2020 EDA 3A DATE AGENDA ITEM ORIGINATING DEPT. AGENDA ITEM CITY ADMINISTRATOR APPROVAL Community and Economic Development COVID-19 Emergency Loan Fund (COVID ELF) PREVIOUS ACTIONS: None by the EDA RECOMMENDED COUNCIL ACTION: Motion to approve the COVID-19 Emergency Loan Fund Policy establishing a forgivable loan program to assist businesses. COMMENTS: The COVID-19 pandemic continues to have drastic impacts on the business community, particularly those which have faced mandated closures. In response to these impacts, the Federal and State governments have created programs addressing providing instant capital to businesses to survive the closure period. Throughout the Twin Cities metro, many local governments are also considering grant and loan programs to assist businesses within their direct municipal boundaries. Upon review of available programs for gaps, comparison with other jurisdictions, and collaboration with local organizations, Community and Economic Development staff have development guidelines and criteria for the creation of a new forgivable loan program, termed COVID-19 Emergency Loan Fund (COVID ELF). The purpose of this program is to provide necessary funding to businesses which have been mandated to close to assist as they are allowed to re-open. Eligible expenses under the proposed program would include: payroll, accounts payable, fixed debts, inventory costs, utility costs, and other bills incurred by the businesses. The COVID ELF program would be structured with the following criteria: • Maximum Amount: up to $10,000; • Term: Maximum term of five (5) years; • Rate: 0% interest; • Deferment: 6-months of no payments; • Forgiveness: up to 100% forgiven if business meets set criteria Applicants for the loan fund must be a Maple Grove business with a physical non-residential address and meet the zoning requirements for the district or be a legally non-conforming use. Applicant businesses would be allowed to have no more than 40 employees at the specific business location. Any applicant must not have delinquent utilities, taxes or bills due to the City prior to February 2020. Brett Angell, Project Manager – X6003 COVID ELF Policy Request for EDA Action April 20, 2020 Page 2 Any application for funding through the COVID ELF would require a brief underwriting process, similar to what the Minnesota Department of Employment and Economic Development (DEED) is using for their Emergency Loan. CMDC, who also does the underwriting for the City’s Revolving Loan Fund, is willing and able to provide the underwriting for the COVID ELF program. Funding of the program would come from a redistribution of funds from the Revolving Loan Fund, which would be transferred to the EDA for COVID ELF program. In 2018, the City supplemented the Minnesota Investment Fund (MIF) repayments in the Revolving Loan Fund with proceeds from a land sale. The land sale proceeds are able to be redirected out of the RLF for the purpose of assisting businesses. Upon approval of the creation of the COVID ELF program, a resolution will be brought to the City Council at the May 4th City Council meeting which would allow for the transfer of funds. Staff is recommending the transfer of $250,000 to initiate the program. ATTACHMENTS: Attachment A: COVID-19 Emergency Loan Fund Policy COVID-19 EMERGENCY LOAN FUND POLICY Adopted: Economic Development Authority of Maple Grove Economic Development Department 12800 Arbor Lakes Parkway Maple Grove, MN 55369 763-494-6003 Attachment A EDA of Maple Grove – COVID-19 Emergency Loan Fund Policy 2 Table of Contents I. Introduction II. Purpose And Authority III. Objectives IV. General Criteria V. Financing Criteria EDA of Maple Grove – COVID-19 Emergency Loan Fund Policy 3 I. INTRODUCTION The Economic Development Authority of Maple Grove COVID-19 Emergency Loan Fund program (“COVID ELF Program”) was created as a means to assist businesses within the City of Maple Grove which have been negatively impacted by the COVID-19 pandemic with costs associated with re-opening of the business. The COVID ELF Program offers no- interest forgivable loans to eligible businesses with a physical location in the Maple Grove. The COVID ELF Program is administered by Community and Economic Development staff and the Economic Development Authority of Maple Grove. II. PURPOSE AND AUTHORITY A. The purpose of this policy is to establish the EDA’s position relating to the use of the COVID ELF Program. This policy shall be used as a guide in the processing and review of applications requesting loan funds. B. The criteria are to be used in conjunction with other relevant policies of the City and/or EDA. C. The EDA reserves the right to approve or reject projects on a case-by-case basis, taking into consideration factors considered appropriate by the City, in addition to established policies, criteria, and potential benefits. Meeting the criteria does not guarantee a COVID ELF Program loan shall be approved. Approval or denial of an application is at the sole discretion of the EDA. III. OBJECTIVES The objective of the COVID ELF Program is to deploy a local pool of funds to support local small businesses in order to ensure the viability of the businesses as they move past the COVID -19 pandemic and seek to re -open or return to pre -pandemic operations . This may be accomplished by some or all of the following means: A. Provide needed finances to small businesses within the community which have been negatively affected financially as a direct result of the COVID -19 pandemic; B. Ensure the viability of Maple Grove businesses moving past this crisis ; C. Limiting the number of job losses as a direct result of the pandemic by assisting businesses return to their pre -pandemic employment levels; D. Limiting the number of businesses which would potentially permanently close due to COVID-19 pandemic impacts. Thereby also limiting the total number of potential vacancies in key commercial and industrial areas of the City. EDA of Maple Grove – COVID-19 Emergency Loan Fund Policy 4 IV. GENERAL CRITERIA A. ELIGIBLE EX PENDITURES The COVID ELF Program may be used for working capital purposes defined as: 1. Paying fixed debts; 2. Payroll costs; 3. Accounts payable; 4. Utility payments; 5. Inventory costs; 6. Paying other direct business-related bills. B. ELIGIBLE BUSINESS DETAILS: To qualify for a COVID ELF Program loan, eligible businesses must meet the following criteria: 1. Be considered an eligible business type, as defined in IV.C of this policy; 2. Have no more than 40 employees at the location address. Special consideration may be given to businesses which utilize independent contractors and sole proprietors within their business; 3. The business must have a physical non-residential address within the City of Maple Grove. Proof of address shall be required when applying; 4. All business applicants must be an allowed use through zoning of the property or be a legally non-conforming use; 5. Be a legal entity registered with the Minnesota Secretary of State, and be in good standing 6. Any applicant must not have delinquent taxes, bills or charges due to the City from February 2020 or prior. C. ELIGIBLE BUSINESS TYPES: Eligible businesses which may apply for t he COVID ELF Program include businesses which have been deemed non-essential by the State of Minnesota or those which have faced mandated closures per State of Minnesota orders. D. INELIGIBLE ACTIVITIES The COVID ELF Program may not be used for the following activities: EDA of Maple Grove – COVID-19 Emergency Loan Fund Policy 5 1. Agriculture (crop or livestock production, etc.); 2. Purchasing of machinery or vehicles; 3. Moving expenses; 4. Land acquisition for speculation; E. REVIEW CRITERIA Assistance must be evaluated on the existence of the following conditions: 1. Demonstrated financial need; 2. Number of jobs retained at the location; 3. Financial ability to continue business operations; 4. Timeliness of funds being needed. F. EDA RIGHTS The EDA reserves and retains the right to deny any loan application for funding. All loan receipts shall be required to indemnify the City of Maple Grove, the Economic Development Authority of Maple Grove, and any officers acting on their behalf. G. CONFLICT OF INTEREST An officer of the City will not have a personal financial interest or personally benefit financially from the business to be assisted. Minn. Stat. 471.87 and 471.88 provide guidance on conflict of interest. H. GOVERNMENT DATA PRACTICES Information contained in the application for assistance will become a matter of public record with the exception of those items protected under Minn. Stat. 13.591. V. FINANCING CRITERIA A. LOAN SIZE All loans shall have a maximum amount of $10,000. B. INTEREST RATES All loans shall have an interest rate of 0%. EDA of Maple Grove – COVID-19 Emergency Loan Fund Policy 6 C. TERMS All loans shall have a term of no more than five (5) years. D. DEFERMENTS All repayments shall be deferred for a total of six (6) months upon issuance of funds. Any awarded business of a COVID ELF Program loan shall have the ability to repay portions of the loan during the deferment period should the business so choose. E. FORGIVENESS Up to 100% of the loan has the ability to be forgiven by the EDA upon successful completion of the following: 1. If the business maintains operations within the City for six (6) months upon award of a COVID ELF loan, 50% of the loan shall be forgiven; 2. If the business returns employment levels to that of pre -pandemic levels within six (6) months upon award date, the remaining 50% shall be forgiven. F. FEES There shall not be an application fee to apply for a COVID ELF loan. Any fees related to underwriting, legal, loan closing, filing, recording, and other fees incurred will be paid for by the Economic Development Authority at the time of loan issuance. CITY COUNCIL STAFF REPORT Monday, July 27, 2020 Subject Release Assessment Agreement for 1501 Park Road Section 7:00 P.M. ­ ECONOMIC DEVELOPMENT AUTHORITY MEETING Item No: B.1. Prepared By Kate Aanenson, AICP, Community Development Director File No:  PROPOSED MOTION “The EDA approves the release of the Assessment Agreement from the Housing and Redevelopment Authority in and for the City of Chanhassen, n/k/a the Chanhassen Economic Development Authority.” Approval requires a Simple Majority Vote of members present. SUMMARY The subject property is located at 1501 Park Road. The Assessment Agreement in 1983 was with Fluoroware, Inc. The current owner, Retail Tech, Inc., is selling the building and clearing up the title.  BACKGROUND At the time of the agreement, the major objective of the Redevelopment Plan was for rehabilitation of economically, functionally obsolete, or underutilized buildings or land. This Assessment Agreement was to assist the project through the sale of bonds to finance the public costs of the redevelopment of the site. This assessment has expired; the release was requested by the owner to clean up the title in preparation for sale. RECOMMENDATION Staff recommends approval of the release of the Assessment Agreement. ATTACHMENTS: Release of Assessment Agreement 210853v1 1 RELEASE OF LAND FROM ASSESSMENT AGREEMENT Date: ________________, 2020. KNOW ALL BY THESE PRESENTS, that the real property in Carver County, Minnesota, legally described as follows: Lots 8 and 9, Block 5, Chanhassen Lakes Business Park, Carver County, Minnesota, according to the recorded plat thereof, is hereby released from all obligations, terms and conditions found in that certain Assessment Agreement by and between The Housing and Redevelopment Authority in and for the City of Chanhassen, n/k/a the Chanhassen Economic Development Authority, a public body corporate and politic under the laws of the State of Minnesota, and Fluoroware, Inc., a Minnesota corporation dated May 3, 1982 and recorded on August 26, 1982 in the Carver County Registrar of Titles as Torrens Document No. T35566. [Remainder of page is intentionally left blank. Signature Page is to follow]. 210853v1 2 CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY By: Elise J. Ryan Its: Chairperson By: Heather Johnston Its: Interim Executive Director STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this ______ day of _______________________, 2020, by Elise J. Ryan, and Heather Johnston, respectively the Chairperson and Interim Executive Director of the Chanhassen Economic Development Authority, a public body corporate and politic under the laws of the State of Minnesota, on its behalf. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP/smt CITY COUNCIL STAFF REPORT Monday, July 27, 2020 Subject Approval of Economic Development Authority Minutes dated September 24, 2018 Section 7:00 P.M. ­ ECONOMIC DEVELOPMENT AUTHORITY MEETING Item No: B.2. Prepared By Nann Opheim, City Recorder File No:  PROPOSED MOTION “The Economic Development Authority approves the minutes dated September 24, 2018.” Approval requires a Simple Majority Vote of members present. ATTACHMENTS: Verbatim Minutes CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY SPECIAL MEETING SEPTEMBER 24, 2018 Mayor Laufenburger called the Economic Development Authority meeting to order at 7:07 p.m. MEMBERS PRESENT: Mayor Laufenburger, Councilwoman Tjornhom, Councilman McDonald, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Paul Oehme, Kate Aanenson, Greg Sticha and Roger Knutson APPROVE EDA MEETING MINUTES DATED APRIL 23, 2018. Councilman McDonald moved, Councilman Campion seconded to approve the verbatim and summary Economic Development Authority Minutes dated April 23, 2018 as presented. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVE RELEASE OF CONTRACT FOR PRIVATE DEVELOPMENT AND ASSESSMENT AGREEMENT (APPLEBEE’S SITE DOWNTOWN TIF DISTRICT #1). Mayor Laufenburger: Who’s is this? Is this your’s Kate? Kate Aanenson: Yes, thank you Mayor. Mayor Laufenburger: Thank you Ms. Aanenson. Could you go through that for us? Kate Aanenson: Yes. So the Chanhassen Redevelopment Authority entered into a Private Redevelopment Agreement on June 3, 1996 with American Limited Partnership. The redevelopment was part of a TIF District #4 which was decertified in 2016. Since that time the HRA has transitioned into the EDA, Economic Development Authority and they are the governing authority for this agreement. The property owners are attempting to sell the property in question and have realized that the private redevelopment agreement is in place. In order for them to sell the property they need to have this agreement in place. Again we see no objections to this. The attorney’s office has reviewed the contract and we’d recommend that you approve the release of the development contract, of the private development and assessment agreement and I’d be happy to answer any questions you may have. Mayor Laufenburger: Alright. Any questions of council for Ms. Aanenson on this? So in simple terms this was a contract that was put in place back in 1996 when Apple American Limited began and they developed it as Applebee’s. Chanhassen Economic Development Authority – September 24, 2018 2 Kate Aanenson: Correct. Mayor Laufenburger: And we’re satisfied that any contractual arrangements that were required under that contract have been completed and fulfilled. Kate Aanenson: That’s correct. Mayor Laufenburger: And we understand that the potential new owners or are interested in having this cleared from the property. Cleared from the description is that correct? Kate Aanenson: That’s correct. So right now the owner is not Applebee’s. It’s another developer out of California who’s working with somebody local to buy this property and is working to secure a restaurant at this site and so hopefully they will be able to make that happen but in order to close on the property this private redevelopment and assessment agreement needs to be approved. Release of, excuse me. Mayor Laufenburger: Alright. Okay thank you. Is there anybody that would like to make a motion? Councilman McDonald: I’ll make a motion Mr. Mayor. Mayor Laufenburger: Thank you Mr. McDonald. Councilman McDonald: I would make the motion that the Economic Development Authority approves the Release of a Contract for Private Development and Assessment Agreement, Applebee’s site TIF District #4. Mayor Laufenburger: Okay, we have a valid motion. Is there a second? Councilwoman Ryan: Second. Mayor Laufenburger: Thank you Councilmember Ryan. Is there any further discussion? Okay I just have one question Mr. Knutson. Is there anything, this is an action by the EDA. Is there any supplemental action that needs to be taken by the council to act on this or not? Roger Knutson: No. Mayor Laufenburger: Okay so this is a stand alone decision. Roger Knutson: Yes. Mayor Laufenburger: Okay, alright. Chanhassen Economic Development Authority – September 24, 2018 3 Councilman McDonald moved, Councilwoman Ryan seconded that the Economic Development Authority approves the Release of a Contract for Private Development and Assessment Agreement, Applebee’s site TIF District #4. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: There being no other business I would accept a motion to adjourn. Councilman McDonald moved, Councilwoman Ryan seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Economic Development Authority meeting was adjourned at 7:10 pm. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CITY COUNCIL STAFF REPORT Monday, July 27, 2020 Subject Todd Hoffman Retirement Proclamation Section PUBLIC ANNOUNCEMENTS Item No: D.1. Prepared By File No:  ATTACHMENTS: Proclamation THE CITY OF CHANHASSEN “Todd Hoffman Day” THIS CERTIFICATE IS AWARDED TO Todd Hoffman In recognition of your 33+ years of service to The City of Chanhassen Monday, July 27, 2020 Mayor Elise Ryan is celebrated as CITY COUNCIL STAFF REPORT Monday, July 27, 2020 Subject Approve City Council Minutes dated July 13, 2020 Section 7:30 P.M. ­ CONSENT AGENDA Item No: E.1. Prepared By Nann Opheim, City Recorder File No:  PROPOSED MOTION “The City Council approves the City Council minutes dated July 13, 2020.” Approval requires a Simple Majority Vote of members present. ATTACHMENTS: City Council Summary Minutes dated July 13, 2020 City Council Verbatim Minutes dated July 13, 2020 City Council Work Session Minutes dated July 13, 2020 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES JULY 13, 2020 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag led by Boy Scout Daniel Bozanich. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Tjornhom, Councilman McDonald, Councilman Campion, and Councilwoman Coleman STAFF PRESENT: Heather Johnston, Jake Foster, Charlie Howley, Kate Aanenson, Greg Sticha, Jerry Ruegemer, George Bender, and Roger Knutson PUBLIC ANNOUNCEMENTS: Mayor Ryan welcomed Interim City Manager Heather Johnston to her first City of Chanhassen council meeting, and explained that the City Council has not yet mandated that masks be worn in the city of Chanhassen. CONSENT AGENDA: Councilman Campion moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated June 22, 2020 2. Receive Planning Commission Minutes dated June 16, 2020 3. Receive Economic Development Commission Minutes dated May 12, 2020 4. Resolution #2020-44: No Parking Pioneer Trail for Chaska Mountain Bike Park 5. Resolution #2020-45: Establish New Polling Place Location for the 2020 Elections 6. Award Downtown Pavement Marking Contract 7. Resolution #2020-46: Appoint Election Judges for State Primary and General Elections and Approve Rates of Pay 8. Award Contract for Lift Station #17 Rehabilitation 9. Resolution #2020-47: Approval of Bond Proceeds Reimbursement 10. Approve City of Chanhassen COVID-19 Preparedness Plan City Council Summary – July 13, 2020 2 All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: DANIEL BOZANICH CITIZEN ACTION REQUEST. Daniel Bozanich from Boy Scout Troop 347 in Eden Prairie, Minnesota outlined the plan for his Eagle Project which is to install a solar light at the top of the flag pole at Chapel Hill Academy. Richard Hamblin, 340 Sinnen Circle started discussing the street projects before Mayor Ryan stated she would give him a chance to talk during the street assessment public hearing. APPROVE A REQUEST FOR VARIANCES TO PERMIT CONSTRUCTION OF A BUILDING ON AN OUTLOT AND FROM THE STANDARDS GOVERNING WATER ORIENTED STRUCTURES AT 3920 WHITE OAK LANE. Kate Aanenson presented the staff report and Planning Commission update on this item. The applicant Chad Lundeen, 3920 White Oak Lane addressed questions related to the use, size and need for a storage unit on the outlot. Councilman Campion moved, Councilman McDonald seconded that the Chanhassen City Council approves a variance to permit a building to be constructed on an outlot, approves a variance for a second water oriented accessory structure, and approves the variance request to exceed the 250 square foot water oriented accessory structure size limit, subject to the following conditions of approval and adopts the attached Findings of Fact and Decisions: 1. No trees, shrubs, or native vegetation shall be allowed to be cleared for the grading or construction of the building. 2. The applicant must apply for and receive a zoning permit. 3. The installation of the shed shall not encroach into any recorded drainage and utility easement associated with the outlot. 4. The combined area of both water oriented accessory structures may exceed 250 square feet. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVE REVISED PRELIMINARY PLAT AND AMENDMENT TO THE AVIENDA PUD. Kate Aanenson presented the staff report and Planning Commission update on this item. Mayor Ryan asked about screening on the south side of the development. Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council approves the following: City Council Summary – July 13, 2020 3 PUD The City Council approve the Rezoning of 118+/- acres, from Agricultural Estate District, A-2, to PUD Regional Commercial including “Exhibit A Avienda Design Standards”. SUBDIVISION The City Council approve the amended Subdivision Preliminary Plat creating 19 lots, 3 outlots and dedication of public right-of-way, plans prepared by Landform dated May 1, 2020, subject to the following conditions: Engineering 1. If subsequent phases require retaining walls they shall be privately owned and maintained. 2. As large, landscaped boulevards are proposed, the applicant shall add a note to the typical sections to identify a corridor for installation of private utilities such as power, communication, gas, etc. 3. The applicant shall show the road profiles and a horizontal alignment table in the plan set for all public roads prior to final plat. 4. The public roads constructed with this development are: Bluff Creek Boulevard, Avienda Parkway, Sunset Trail and Mills Drive. All other roads and drives constructed with this development will be privately owned and maintained. 5. The applicant proposes an Ultimate Plan for the Bluff Creek intersection with Powers Boulevard that includes two-lane entry into the roundabout. The city requires this Ultimate Plan be constructed at this time, but the roadway can be striped for one-lane only. 6. Staff recommends the applicant add traffic calming measures to Avienda Parkway near the residential areas of development. Specifically, the applicant shall incorporate pedestrian-friendly crossing features to the intersection at Mills Drive and Avienda Parkway. 7. Trails and pedestrian walks not located within public right-of-way shall be privately owned and maintained. 8. ADA-compliant pedestrian ramps shall be constructed at all intersections and median refuges per the MnDOT standard details. 9. Sanitary and water main structures shall not be located within landscaped medians or roundabouts. Final review of the location of sanitary sewer mains and water mains, and their appurtenances, will be conducted prior to final plat and/or permitting. 10. All sanitary and water mains constructed within the right-of-way shall be publically owned and maintained. 11. Private sanitary and water mains shall inspected and constructed to meet the city’s requirements for public utilities. 12. The developer will be required to complete the water main loop along Lyman Boulevard. City Council Summary – July 13, 2020 4 13. Permanent stormwater management controls and the associated permits are required in accordance with all underlying jurisdictional authorities, including but not limited to the Riley Purgatory Bluff Creek Watershed District, prior to construction activities. 14. The applicant must provide a figure clearly identifying the areas to be irrigated with areas quantified, which is not included in the current plans. 15. The portion of the development with single-family housing must pay a water and sanitary service partial hook-up fee at a rate in place at the time of replat. The remaining hook-up fees would be paid with the building permits. 16. The developer shall work with the Building Department to determine the city SAC and WAC fees for commercial and multi-family buildings. The hook-up fees for commercial and multi-family buildings are due with the building permit at the rate in place at that time. 17. The developer shall adhere to all conditions and comments associated with the Carver County’s review memos (dated May 9, 2018 and May 21, 2020), including to escrow any required funds for the installation or improvement of traffic signals as required by Carver County. 18. It is the applicant’s responsibility to ensure that permits are received from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers, DNR, MnDot, Carver County, RPBC Watershed District, Board of Water and Soil Resources, PCA, etc.). 19. A drainage and utility easement shall be placed over any outlots. 20. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary Zone to the city. Landscaping 1. Parking lot islands shall be linear areas incorporating planting area and stormwater management. 2. If the applicant chooses to install the minimum requirement sizes of parking lot landscaping islands, then silva cells, engineered soil or other accommodations must be used. 3. No more than 20% of the total trees should be from any one genus and no more than 10% should be from any one species. 4. A reuse watering system should be considered to irrigate all plantings within the site. 5. Drought tolerant plants shall be incorporate into the overall landscape plan. 6. Proposed landscaping plant materials shall be selected based on site conditions. 7. At a minimum, overall tree cover should be at least 20-25% or higher in commercial areas and a minimum of 30-35% or higher in residential areas. City Council Summary – July 13, 2020 5 8. Any landscaping located within the ROW shall be covered by an encroachment and maintenance agreement. Park and Trail 1. Incorporate meaningful park-like places, including the provision of appropriate recreation equipment, site furnishings, and landscaping adjacent to residential components. 2. Preserve the woodlands identified in the Bluff Creek Overlay District. Provide a blanket trail easement over the entire preserved area to accommodate the installation of natural surface public trails. 3. Provide an attractive public trail connection from the north entering the Bluff Creek Overlay District. 4. Incorporate traffic calming into all pedestrian crossing locations. 5. Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication. Building Official Comments 1. The buildings are required to have automatic fire extinguishing systems. 2. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 3. Retaining walls over 4 feet high require a building permit and must be designed by a professional engineer. 4. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 5. Building plans (when submitted) must include a code analysis that contains the following information: Key Plan, Occupancy Group, Type of Construction, Allowable Height and Area, Fire Sprinklers, Separated or Non-Separated, Fire Resistive Elements (Exterior walls, Bearing walls - exterior or interior, Shaft, Incidental Use), Occupant Load, Exits Required (Common Path, Travel distance), Minimum Plumbing Fixture Count. 6. Detailed occupancy related requirements will be addressed when complete building plans are submitted. 7. Structure proximity to property lines (and other buildings) will have an impact on the Code requirements for the proposed building, including but not limited to allowable size, protected openings and fire-resistive construction. These requirements will be addressed when City Council Summary – July 13, 2020 6 complete building and site plans are submitted. 8. Every building, containing any plumbing fixtures and/or receptors, must have its own independent connection with a public or private sewer, except that a group of buildings may be connected to one or more manholes which are constructed on the premises and connected to a public or private sewer. (MSPC 713.0) 9. The developer must submit a list of proposed street names for review and approval prior to final plat of the property. Fire Department Comments At the time of site plan, review the design for the private street, adjacent to the preservation area that accesses the Senior Housing and Townhouses needs to accommodate for emergency apparatus. Conditional Use Permit The Conditional Use Permit was already approved and will be reaffirmed with the revised preliminary plat with City Council approvals. The Chanhassen Planning Commission recommends that City Council approve the Conditional Use Permit to encroach into the Primary Zone and required buffer for the construction of Bluff Creek Boulevard subject to conditions in the staff report: 1. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary Zone to the city. 2. The developer shall provide the city with a management plan for the area and submit to the city for review. 3. Monuments indicating the Bluff Creek Overlay District shall be placed at every other property corner and at an angle of deflection greater than seven percent, but in no case shall they be greater than 150 feet apart. 4. The developer shall not encroach into the Bluff Creek Primary Zone. 5. The developer shall comply with the with the 40-foot Primary Zone setback and preserve or create a 20 foot buffer from the Primary Zone. 6. The buffer will be required to have a vegetation management plan and soil amendments. Wetland Alteration Permit The Wetland Alteration Permit was already approved will be reaffirmed with the revised preliminary plat with City Council approvals. City Council Summary – July 13, 2020 7 The Chanhassen City Council approve the Wetland Alteration Permit to 4.4659 acres of permanent wetland impacts subject to conditions: 1. The applicant needs to supply the needed additional information to the city. The additional information is needed to determine if the project meets the WCA requirements. 2. A Technical Evaluation Panel (TEP) meeting is needed to review the application. 3. If the application is deemed to meet the avoidance and minimization criteria of the WCA, a mitigation plan that adequately replaces wetland functions and values is needed. 4. City staff has reviewed mitigation options. City staff recommends the applicant provide wetland mitigation via the purchase of wetland bank credits at a rate of 2:1, in accordance with WCA requirements. This condition has been met - see attachment. 5. The applicant shall contribute $300,000 to the city for water quality improvement projects within the watershed. And adopts the attached Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONDUCT PUBLIC HEARING, ADOPT ASSESSMENT ROLL, AND AWARD CONSTRUCTION CONTRACT FOR LAKE LUCY ROAD REHABILITATION PROJECT. Charlie Howley presented the staff report on this item. Mayor Ryan opened the public hearing. No one spoke and the public hearing was closed. Mayor Ryan reviewed the discussion held in the work session regarding the decrease in Municipal State Aid funding from the State of Minnesota. Councilman McDonald moved, Councilman Campion seconded that the City Council table adopting the assessment roll and awarding the construction contract for Lake Lucy Road Rehabilitation Project for two weeks. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONDUCT PUBLIC HEARING, ADOPT ASSESSMENT ROLL, AND AWARD CONSTRUCTION CONTRACT FOR 2020 STREET REHABILITATION PROJECT. Charlie Howley presented the staff report on this item. Mayor Ryan opened the public hearing. Richard Hamblin, 340 Sinnen Circle, which is off of Marsh Drive, suggested the council delay doing the project on Marsh Drive. Robert Myers, 8131 Dakota Lane discussed that it is poor timing to assess people during the Coronavirus outbreak with people losing their jobs and the State’s budget being severely impacted. Karen Klinsing, 8090 Hidden Court stated that if the City Council Summary – July 13, 2020 8 City is looking to save money Hidden Court could easily be postponed for 1 to 3 years. Joel Matthews, 8081 Hidden Circle called in to state his support for going forward with the project on Marsh Drive. Jay Beaudry, 89 Cascade Circle submitted an email officially objecting to the Trappers Pass project and assessment. Mayor Ryan closed the public hearing. Councilman McDonald moved, Councilman Campion seconded that the City Council tables adopting the assessment roll and awarding the construction project for the 2020 Street Rehabilitation Project No. 20-05 for two weeks. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS. Councilman McDonald provided an update on Southwest Transit. Mayor Ryan thanked the council, staff, fire department, sheriff’s office and Rotary for their support in the 4th of July celebration. ADMINISTRATIVE PRESENTATIONS. None. CORRESPONDENCE DISCUSSION. None. Councilwoman Tjornhom moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 8:20 p.m. Submitted by Heather Johnston Interim City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL REGULAR MEETING JULY 13, 2020 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag led by Boy Scout Daniel Bozanich. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Tjornhom, Councilman McDonald, Councilman Campion, and Councilwoman Coleman STAFF PRESENT: Heather Johnston, Jake Foster, Charlie Howley, Kate Aanenson, Greg Sticha, Jerry Ruegemer, George Bender, and Roger Knutson Mayor Ryan: Good evening again everybody. Thank you for joining us tonight. For the record we have all of our council members present this evening so our first action is our agenda approval. Council members are there any modification to the agenda as printed? If not we will proceed with the published agenda. PUBLIC ANNOUNCEMENTS: Mayor Ryan: There’s a couple public announcements not on the agenda but a few things I’d like to say real quickly. I’d like to welcome our Interim City Manager Heather Johnston. This is her obviously her first council meeting with the City of Chanhassen but she has been with the City of Burnsville for a number of years so this is definitely not her first rodeo but we’d like to welcome Heather and let her know that we’re glad that she’s part of the team. She’ll be a great asset to leading the charge as we look for an interim, or a full time city manager and really appreciate your leadership and communication so far so welcome aboard. Next I’d briefly like to address a question that has been directed at me over the past couple of weeks and I’m sure has been directed at some other council members and that question is about whether or not Chanhassen will be mandating masks. As I have exchanged emails and spoken with many of you, all with of course varying opinions and very strong opinions on whether we should or should not mandate masks. It has been a topic that is not yet been discussed by City Council. It has been the practice of this council since the beginning of our emergency declaration to strictly adhere to the guidelines and executive orders coming from the Governor’s office. As we know Governor Walz has been very intentional and aired on the side of extreme caution with the many executive orders that have been issued by his office and there has not yet been a mandate so at this time we’ll continue following what the recommendation has been by the Governor and adjust accordingly as things may change and from my understanding they may take it under consideration this week. There is a couple things that I’d like everybody to note. That while a city mandate has not been issued we do encourage those that are coming into any of our public facilities to wear a mask and we also encourage and support our local businesses to make the recommendations that they deem appropriate for their businesses to keep their patrons safe. And finally if there’s anyone here, any council member that wants to add this topic to a future Chanhassen City Council – July 13, 2020 2 discussion or meeting obviously can do so and for the public as I’ve said in the number of conversations that I’ve had on the phone and email exchanges, that if you want this topic discussed by City Council we do have a form called the Citizen Action Request form. It was used tonight by Daniel who is going to be joining us later. Any resident can fill out this form and that’s a topic of discussion that then the City Council would take under review so the form is on our website. We have hard copies here and I welcome anybody to take that to utilize that form if there’s a topic that you would like us to discuss. CONSENT AGENDA: Councilman Campion moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated June 22, 2020 2. Receive Planning Commission Minutes dated June 16, 2020 3. Receive Economic Development Commission Minutes dated May 12, 2020 4. Resolution #2020-44: No Parking Pioneer Trail for Chaska Mountain Bike Park 5. Resolution #2020-45: Establish New Polling Place Location for the 2020 Elections 6. Award Downtown Pavement Marking Contract 7. Resolution #2020-46: Appoint Election Judges for State Primary and General Elections and Approve Rates of Pay 8. Award Contract for Lift Station #17 Rehabilitation 9. Resolution #2020-47: Approval of Bond Proceeds Reimbursement 10. Approve City of Chanhassen COVID-19 Preparedness Plan All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: DANIEL BOZANICH CITIZEN ACTION REQUEST. Mayor Ryan: We did have a form that was submitted. Daniel if you’d like to come up to the podium please. After you did such a nice job leading us in the Pledge. So welcome. So if you want to come to the podium and if you wouldn’t mind just stating your name and address for the record please. Chanhassen City Council – July 13, 2020 3 Daniel Bozanich: Okay my name is Daniel Bozanich and my address is 17855 Live Lane, Eden Prairie, Minnesota. Mayor Ryan: Great, thank you. And if you want to go for it. We saw the form but if you want to explain it to us that would be great. Daniel Bozanich: I also have a handout. Mayor Ryan: Oh perfect. If you want to hand it to Councilman Campion he’ll pass them along, thank you. Alright go ahead. Daniel Bozanich: So as I said my name is Daniel Bozanich and I’m from Troop 347 in Eden Prairie, Minnesota and I’m doing an Eagle project and my beneficiary is Chapel Hill Academy just down the street. So part of the project is lighting up their flag pole and so the light I’m choosing is a solar light that would go on top of the flag pole and I chose this particular light because it will light up the flag pole better than a ground light that’s solar. And the problem is the flag pole is 25 feet tall or so and I can’t reach the top of the flag pole so I need help of the use of like a cherry picker or something to get up to the top of the flag pole and the school has a good relationship with the fire department so I contacted them and they said they were willing to do it as long as I got council approval. Mayor Ryan: Awesome, very cool. And so the flag, you’ll get the light on top of the flag pole and then it shines down. Daniel Bozanich: Yes. Mayor Ryan: Okay, and there’s obviously no issues with the height requirement or lighting anything. How long, so this is through for your Eagle Scout project. Daniel Bozanich: Yes. Mayor Ryan: And you worked with your school to come up with this idea because if we’re going to have the American Flag lit 24 hours a day, which is awesome, council do you guys have any questions or thoughts for Daniel or comments? Go ahead Julia. Councilwoman Coleman: Well thank you Daniel for your bravery to come speak before council. I can’t imagine being your age and having the guts to do that. Bonus points to parents in the room. I just had a son and I would be so proud if mine were standing up here doing that so you know this has my support. Mayor Ryan: Dan, Jerry, Bethany. Bethany? Councilwoman Tjornhom: Good evening Daniel, how are you? Chanhassen City Council – July 13, 2020 4 Daniel Bozanich: Good. Councilwoman Tjornhom: Good. So did Chapel Hill approach you? Do you attend Chapel Hill? Daniel Bozanich: I used to attend Chapel Hill through 8th grade. I’m in 10th grade right now so. Councilwoman Tjornhom: Okay, okay. And did you come up with this plan all on your own? Daniel Bozanich: Yeah when they came to me I came up with it. Councilwoman Tjornhom: And do you have a special skill or talent that would allow you to come up with such, are you an engineer? Daniel Bozanich: No, I mean I just thought it would be pretty nice. That would be a way to light up the flag pole. Councilwoman Tjornhom: Okay. Alright well thank you so much. It’s a great project. Mayor Ryan: Go ahead Dan. Councilman Campion: Daniel great job. This is a great idea. Good job taking the initiative and reaching out to the school and the fire department and having the courage to come before us so you did a good job. Mayor Ryan: Councilman McDonald? Councilman McDonald: Well welcome to the council. I appreciate you coming. You know every year we get at least one boy scout, sometimes two and they come up with the most amazing projects and I think this fits right into that category and I know that every one of those projects, you know the City has benefitted from so I really appreciate the idea you came up with. I think it’s something that will lighten up the corner so thank you and yeah I’ll support 100 percent and I’m glad to hear the fire department’s already agreed to do it and supports it so I say let’s get her done. Mayor Ryan: Awesome. Does the fire department want to make any comments or just the nodding of the head? Fire Department Representative: We’re onboard and we’re proud… Mayor Ryan: Well Daniel I think you have all of our approval. We’re all very proud of you. We appreciate you taking the time to put together this presentation. Coming before council. Chanhassen City Council – July 13, 2020 5 Going through the necessary steps with you know talking to the fire department and we’re all very proud of you and glad that the American Flag will be lit 24 hours a day so congratulations. Good luck and we’ll definitely want to see an update once it’s, when it’s lit and you’re standing down below so congratulations to you and you have all of our support. Daniel Bozanich: Thank you. Mayor Ryan: Yep thank you. Alright are there any other visitor presentations for tonight? Sir if you would step forward. Richard Hamblin: My name’s Richard Hamblin, 340 Sinnen Circle here in Chanhassen and I’m here to address the assessments that were mailed to us and on your chart that you had here earlier you had Marsh Drive outlined as one of those projects and I think it was something like $850,000 to repave it. They filled our potholes and we get potholes every year which is pretty typical. Mayor Ryan: Sir is this for, sorry to interrupt. Is this for our road, one of our road project discussions? Richard Hamblin: Yes. Yes. Mayor Ryan: So when we get to that we’ll have the public hearing and at that time if you want to come forward. Richard Hamblin: Oh okay so I’m out of order. Okay. Mayor Ryan: Just a little ahead of schedule. But yes when we have the public hearing and I open up the public hearing then just come forward and state your name and address again please. Thank you. Other than that any other visitor presentations? Okay. APPROVE A REQUEST FOR VARIANCES TO PERMIT CONSTRUCTION OF A BUILDING ON AN OUTLOT AND FROM THE STANDARDS GOVERNING WATER ORIENTED STRUCTURES AT 3920 WHITE OAK LANE. Mayor Ryan: So next we have old business and Ms. Aanenson you’re up first for the variance. Kate Aanenson: Thank you Mayor, members of the City Council. I’m not sure the applicant’s in here. I think he might be in the other room. Mr. Lundeen? Mayor Ryan: Mr. Lundeen if you’re in the senior center if you want to come into the council chambers please. We should start hearing footsteps soon. So for those of you that are viewing at home and even those in the council chambers. Chanhassen City Council – July 13, 2020 6 Kate Aanenson: There he is. Mayor Ryan: Come on in. We for social distancing rules and capacity in this room we have limited numbers allowed in the chambers and so our overflow seating is in, is in the senior center so throughout tonight as we have applicants and folks here for the public hearing there may be a little bit of a delay but that’s just because we’re waiting for people to come into the chambers. But welcome and go ahead Ms. Aanenson. Kate Aanenson: Thank you. This item did appear before the Planning Commission on June 16th for the public hearing and then the City Council here we are tonight so the variance is to build a building, constructed on an outlot and a second water orientated structure. So the property is actually split by Minnewashta Parkway. When this subdivision on White Oak Lane was created, we put that in an outlot because the County wouldn’t record it as one tax ID because of the division between the two. Typically we put an outlot in the area to make sure that the house doesn’t get put on there. Sometimes one property will go tax forfeit or the like, more than likely not in this circumstance but typically we don’t allow out buildings on outlots. So this property again is split by the road and it’s currently used as their beachlot. As you can see here this would be the beachlot property. I’m going to go back and grab my red pen here. So this is the beachlot property. The existing house so they cross the street so the purpose of the structure right now, water orientated structure, our ordinance allows one and the purpose of having the building would then be to not have to haul the things across Minnewashta Parkway. So here’s the outlot as it exists now with the dock and the boat, fire pit and proposed structure. So the reasons that they requested for the hauling equipment back and forth and just the screening of the shed by the vegetation so we did get some comments on that and they felt like it was in good taste. I think some of the planning commissioners were concerned about people on the lake are concerned about water orientated structures and some planning commissioners felt that maybe is over reach and some planning commissioners felt that it is a good thing to regulate this. So the city code building an outlot again typically don’t do that. They do allow water orientated structure. The applicant was asking for something a little bit larger. The staff is sticking with our typical 250 square feet. The Planning Commission split on this for the reasons I described earlier so it was 3-3. Because it wasn’t a super majority under our rules of variance process it would then automatically get appealed to the City Council. Again the staff felt staying within the 250 square feet of the water orientated structure seemed consistent with existing policy. So again the Planning Commission split 3 votes so here we are with the appeal process so the staff is sticking by it’s original recommendation and there was one email in favor and then there was another email that was concerned but after they got some more information they withdrew their objection to that. So again this is isn’t a public hearing. This is just an appeal process. The applicant is here but we’re, we are recommending our original which was the not to exceed the 250 square feet for the structure, water orientated structure. So with that I’d be happy to answer any questions that you may have. Mayor Ryan: Council any questions at this point? Go ahead Councilman McDonald. Chanhassen City Council – July 13, 2020 7 Councilman McDonald: Who actually owns the lot? Kate Aanenson: Mr. Lundeen. Councilman McDonald: Okay so it is his lot? Kate Aanenson: Yes. Councilman McDonald: Okay. Kate Aanenson: But the County wouldn’t put it under one tax ID. Councilman McDonald: Okay. Thank you. Mayor Ryan: Ms. Aanenson I know there were some conversation at, you know at the Planning Commission in terms of the, because right now you talk about the two structures and obviously the one was put in before there were any shoreland guidelines, right? Kate Aanenson: Fire pit. Mayor Ryan: The fire pit. And then in terms of size, I don’t know if the applicant was asked this question or it was just brought out about you know in order to meet the size of the storage unit that he needs for some of, or they need for some of their materials if they change some of their, it’s really hard cover right? It’s just that they have. Kate Aanenson: Yeah. Mayor Ryan: So if they change some of the hard cover to accommodate the size increase, was that something that the applicant agreed to or didn’t want to go through that. Kate Aanenson: I think they want to stay with their same. We’ve actually provided both motions for you if you want to do it so he was asked to reduce the square footage to be consistent so. Mayor Ryan: Okay. Kate Aanenson: You can ask him directly if you. Mayor Ryan: Alright I will in one second. And are there any other, you said there’s no other cases in, on Minnewashta that have any overages? Kate Aanenson: No. I wouldn’t say that. Chanhassen City Council – July 13, 2020 8 Mayor Ryan: Okay. Kate Aanenson: We have a number of non-conforming beachlots on most of the lakes that we’re going back to the early 80’s so we have permitted those and they are legal non-conforming so, and since they are legal non-conforming we’ve added the conditional use. Some of them want to do canoe racks. Some of them also want to put in the portable bathrooms for the summertime for use so yes there are some that exceed that. Mayor Ryan: Okay. But and I’ll invite you up because I think one of the questions is, and I know concerns for lakeshore properties is that you know what is it going to be used for. Is it you know strictly for storage? Is it going to be for bathrooms? Is it a boathouse with bars, etcetera, etcetera or is this really a storage unit that because of the fire pit area they’re 90… Kate Aanenson: That’s a great question because they’re all different types of uses. Some of them are for boat storages and some of them have plumbing and the like right. Mayor Ryan: Right exactly. So if the applicant wants to come forward and state your name and address for the record please. Chad Lundeen: Yes thank you for having me, Chad Lundeen, 3920 White Oak Lane in Excelsior, Minnesota. Mayor Ryan: And if you want to answer a couple of the questions that I just asked in terms of use primarily. Chad Lundeen: Yes so primary use would be for storage and I think they had written up the report and given a pretty good summary of the reasons that we’re trying to justify that was you know safety of our little ones crossing the parkway without having kayaks and paddleboards and things in your hands. Number two just security of the items. To get them under lock and key because the public beach is right there and pretty well within eye sight. So that’s probably the main thing and just really the convenience of it from it’s about a 300 foot walk from the front of our garage down to the waterfront so to haul them back and forth is quite a task. Mayor Ryan: And across Minnewashta Parkway? Chad Lundeen: The parkway correct, yeah. Mayor Ryan: Okay, okay. Chad Lundeen: And we live right on where it’s a curve so there’s a lot of times where we’re stepping out to cross with the kids and then here comes a car zooming and we have to step back. Mayor Ryan: Right. Chanhassen City Council – July 13, 2020 9 Chad Lundeen: So we try to be really cautious with the little ones because we’re there. Mayor Ryan: Okay. And currently do you leave your, the kayaks and paddleboat and what not, that just is left outside right now? Chad Lundeen: Good question. We’ve done a little bit of each. We’ve tried to go back and forth when we can. Often times if there’s not two adults to help with that then we may leave them down there overnight and just kind of take our chances. And then you know as we put things away sometimes we’ve been putting them in the boat and up on the lift to just kind of hide them but you know we see people swimming right there watching us do it so if they so desired they could come and take it that evening. Mayor Ryan: Okay. And again I know I should say primary, secondary. The only use is going to be for storage? Chad Lundeen: Correct, yep. No entertainment and no plumbing and electric or anything like that. Mayor Ryan: Right okay thank you. Council do you have any questions of the applicant at this time? Go ahead Councilman McDonald. Councilman McDonald: Well as you can tell what came back from the Planning Commission evidently tied on all of this. Staff’s only recommending 250 square feet. Can you live with 250 or why do we need to go to 340? Chad Lundeen: Sure good question. So as a part of this process we learned that we were already in violation. We purchased the place one year ago and then found a need for this storage shed and when we applied for the variance we found out that the patio blocks and the fire pit was already at 260 so we said we are willing to adjust that and get the, and we’re flexible on the size of the shed. We just chose 8 by 10 for the request simply because we have a paddleboard that’s 11 feet long and we thought we could get it inside there if we angled it. If that makes sense. We also just thought like it’s really a shame to have a nice fire pit and patio block and tear that up and have it look worst than it was just to get the shed which we felt like there’s a need for that shed. Does that answer your question? Councilman McDonald: Well yeah I think you clarified something for me. I was thinking the shed was 340 square feet but you’re talking about the variance for the area you want to have with hard surface. Chad Lundeen: Right. So 8 by 10 shed or something similar and then the existing quote unquote structure is patio block and fire pit which I guess I would argue and the reason that one of the council members from the Planning Commission brought the motion to pass for all 3 was Chanhassen City Council – July 13, 2020 10 he said I’m looking at the picture from their dock or from the lake and you wouldn’t know there’s anything existing right now. You can stand on the dock and you don’t see the patio at all other than maybe a couple rocks around the fire pit so as far as setting the precedent, I know you have to protect that and be careful not to bend all the rules, but I don’t think if we, especially if we tuck that shed under the greenery, I don’t think you’d have a lot of people on the lake saying hey how come they got to have multiple structures. They don’t realize there’s one there to begin with as a patio. Does that make sense? Councilman McDonald: Yeah that makes perfect sense. I understand a little bit better now. The shed size you’re talking about is really kind of a minimal shed size. Chad Lundeen: Very minimal. Councilman McDonald: In order to make all of this and then as far as the additional square footage, well that’s made up by the patio block and the fire pit and in order to get down to the 250 thing you’ve got to start tearing stuff up and at that point you no longer will probably have two concentric circles. You’ll probably have something else so okay, I understand what it is you’re looking for. Thank you. Chad Lundeen: And at the last meeting we did say that we were willing to, probably the fire pit would be what we’d take up just because the paver stones would probably be the easiest to pick up. Emily Lundeen: I’m his spouse. Chad Lundeen: My wife. Emily Lundeen: Sorry, we had hockey. Chad Lundeen: Running little ones around. Mayor Ryan: Go ahead. Councilwoman Tjornhom: Excuse me if I didn’t see the staff report but are there any details about the architecture of the shed or the materials that are going to be used? Chad Lundeen: No. Councilwoman Tjornhom: Are there any stipulations about that? Chad Lundeen: We were just, we gave a couple photos of something that we thought we might try to put in there and we didn’t want it to be a junky looking tin shed. Chanhassen City Council – July 13, 2020 11 Councilwoman Tjornhom: Well that’s what I’m concerned about…something like Flamingo Pink something. Emily Lundeen: Ideally it would match our house like in color and trim as best we could so it would be, no it wouldn’t be plastic. Chad Lundeen: I think first and foremost we don’t want it to be something that is seen. Councilwoman Tjornhom: But we don’t have anything put in the report or conditions with that? And I trust you but I’m just, I’ve seen a lot of stuff. Emily Lundeen: And we have too. It would be as classy as a shed can be. I’m not if it can be but we will try. Mayor Ryan: Could you just say your name as well for the record? Emily Lundeen: Sorry Emily Lundeen. Sorry. Mayor Ryan: That’s alright, thank you. Chad Lundeen: Yeah and we would like it to even have like little flower box with the window or something that looks cute if you can see it at all. We really want it to be hidden. Kate Aanenson: So you could certainly add architectural… Councilwoman Tjornhom: No and I don’t want to, I just it’s a little, you know when you’re just allowing someone a shed, everyone has their bubble of what a shed looks like and just to be courteous to your neighbors and somebody else to make sure it does fit in. Emily Lundeen: And I’m not sure if Chad said this but I grew up on a lake and he grew up at the cabin so we, we very much take like…seriously. We totally get why these variances are there. Like we’re not trying to make our lakefront look anything more than what it is. We just also want to be a little more functional for the situation that we’re in with an outlot and I’m sure you all went through all that too so I mean we totally get it. We’re not, we’re new on our lake but we’ve, we’re very familiar with what it can look like and why we wouldn’t want it to look like that. Chad Lundeen: It’s a little bit what bothers us now is when we do leave the paddleboards and everything down there it’s sitting out and just doesn’t look clean and neat and we’d prefer it to be behind doors until you want to use that item and bring it out. Mayor Ryan: Okay thank you. Any other questions council? Alright thank you. Chanhassen City Council – July 13, 2020 12 Chad Lundeen: Thank you. Mayor Ryan: Appreciate it. Chad Lundeen: Appreciate your time. Mayor Ryan: Council any discussion on this item? Anybody? Councilman Campion: I’ll make a motion. Mayor Ryan: Okay Councilman Campion. Councilman Campion: The Chanhassen City Council approves a variance to permit a building to be constructed on an outlot, approves a variance for a second water oriented accessory structure, and approves the variance to request to exceed the 250 square foot water oriented accessory structure size limit, subject to the conditions of approval and adopts the attached Findings of Fact and Decisions. Mayor Ryan: Alright we have a valid motion. Is there a second? Councilman McDonald: We have a valid motion and a second. Councilman Campion moved, Councilman McDonald seconded that the Chanhassen City Council approves a variance to permit a building to be constructed on an outlot, approves a variance for a second water oriented accessory structure, and approves the variance request to exceed the 250 square foot water oriented accessory structure size limit, subject to the following conditions of approval and adopts the attached Findings of Fact and Decisions: 1. No trees, shrubs, or native vegetation shall be allowed to be cleared for the grading or construction of the building. 2. The applicant must apply for and receive a zoning permit. 3. The installation of the shed shall not encroach into any recorded drainage and utility easement associated with the outlot. 4. The combined area of both water oriented accessory structures may exceed 250 square feet. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Ryan: That motion carries 5-0. Thank you. APPROVE REVISED PRELIMINARY PLAT AND AMENDMENT TO THE AVIENDA PUD. Chanhassen City Council – July 13, 2020 13 Mayor Ryan: Alright Ms. Aanenson I believe. Kate Aanenson: If we can call in the next applicants please. Councilman Campion: Now paging. Mayor Ryan: The applicants for I think they’re here. Or there they are. One more coming? Mark, welcome. Ms. Aanenson go ahead. Kate Aanenson: Thank you. As you recall we discussed this at your last work session. We kind of went through the updates from the Level 7 Development. This item did appear at the Planning Commission for public hearing on June 20th and here we are today. Again just a reminder that this is the 118 acres just south of Lyman Boulevard and immediately west of Powers Boulevard. We put some of the background in there. Not even including the AUAR but we’ve been working on this specific plan with this development team, this LLC group since 2017 and we’ve gone through a lot of iterations but I’m really pleased as we’ve gotten to this level of, no pun intended, that we’ve kind of worked through a lot of things. I think sometimes having that space in there kind of refines some things that making it a better project. So the summer of this request tonight is two fold. One is to rezone it to the PUD Regional Commercial and then also to approve the preliminary plat. So if you recall at your last meeting as a part of the, at your last meeting we approved, one of the things that needed to be amended and that was the city code allowing for 30 percent residential. As we went through this we decided as a group that really the residential is going to be the driver for the other office and the retail so we needed to make that change first so I’ll go through a little bit more detail on that. So that’s one thing is the PUD will be changed and then also approving the preliminary plat. The 2017 approval process, we approved all the wetland alteration permits and then we also granted conditional use for the Bluff Creek Overlay for development within the Bluff Creek Overlay District and that was to allow the continuation of Bluff Creek Boulevard. So the driver on this is the development table. I think the Planning Commission got a little bit confused because we were kind of comingling the PUD density in this but this is the layout of the plan and so each project within this plan comes back through the entire process. So it will be measured up against the PUD standards that we put in place. The design guidelines and so each project will have an opportunity for a public hearing before the Planning Commission and then you ultimately see it too but this lays out again the square footages, densities and the particular uses and the road layout and I’ll go through that in a little bit more detail too but again we do have a mix of housing in there and that’s mostly on the western side of the development. So the first thing is then consistency with the rezoning to PUD. As I mentioned earlier we put, did only one, there’s only one regional mall in the city. I think the Planning Commission was concerned that we were going to drop another 30 percent up to 600 units somewhere else in the city. We don’t have that zoning anywhere else then you’d have to grant that approval and re-guide something so this would be the only place where we’ll have this type of PUD development. So the design standards as I mentioned earlier really drive this document. So they’re tied to the plat which we’ll talk about in a minute. They’re tied to the Chanhassen City Council – July 13, 2020 14 development plan which I just showed you and then Avienda has their own design guidelines so they kind of all work in tandem so they again we went through some of the things that seemed a little bit more restrictive and tried to build a little bit of flexibility in those. As we know we really capped the square footage of certain uses which we can’t really predict 3, 4, 5 years out so we try to build in some flexibility so we didn’t have to come back and be amending it all, all the time and I think everybody felt comfortable. The Planning Commission did. Staff and the developer had some good ideas and I think moving forward we’re in a good place. So the district master plan again kind of breaking down how the development may come about. So if you’re looking at the colors on here, the retail district moved to the north. That was one of the biggest changes on this project which the developer mentioned or went through in their last one so the retail is now on the north side which really reduced the grading so there’s a large retaining wall on that south end which is no longer there so now we’re able to use the footprint and have the underground parking and the retail on the north side also will have, be somewhat recessed from Lyman Boulevard as that grade is quite a bit higher. Multi-family housing again will be adjacent, that’s area number 4 adjacent to Lyman Boulevard and then we’ve always stated that there’d be transitional low density housing, smaller lots, single family lots adjacent to the neighborhood immediately to the west. I have a multi-family housing project against that Bluff Creek area proposed right now is potentially senior housing. Again taking advantage of the area in the preserve there for the Bluff Creek Overlay District. And then the mixed use district, that’s where there will be a hotel and a lot of the office and some other support retail. And then number 2 area is the village concept. That’s where the largest apartment building would be and then a lot of the other kind of specialty retail and additional restaurants so again as the developer mentioned more than likely the housing might come in first but they can all go independently. The main thread to make this all happen is the continuation of Bluff Creek Boulevard as it goes from Powers Boulevard continuing east to west. So as I mentioned the PUD ordinance works with the design guidelines. Those were included in your packet and we spent a lot of time going through refining those. Again making sure that they met the high architectural standards that we talked about before. Again meeting some flexibility for individual retailers that have their own branding and how they work within those design guidelines so I believe this is really, more time to think through as we were working through the big project so very pleased with the changes that were made. Mayor Ryan: Kate can I. Kate Aanenson: Yeah go ahead. Mayor Ryan: Or Ms. Aanenson could I interrupt you real quickly? Kate Aanenson: Yes. Mayor Ryan: And when you talk about flexibility, I mean I think that word always makes people nervous. So when you say with different retailers bringing in their own brand. They’re Chanhassen City Council – July 13, 2020 15 still, you know the building itself is still under the same guidelines but if they have some element that kind of identifies that their brand that’s what’s allowed. Kate Aanenson: That’s a great way to say it. Mayor Ryan: Okay. Kate Aanenson: That’s a great way to say it or some signature item that would, that lets you know it’s their’s and also in the signage, that will be one of the things too but thank you for commenting. That’s a better way to say it, yep. So the sign plan we spent a lot of time on too. There was a couple of large signs along this bottom, this retaining wall along here and then some flags that were along there too so those all have been changed up so I think it’s a lot more tasteful coming up from the south when you’re actually seeing the buildings themselves as opposed to what would have been in the back that would have been service. Because more of the retail would have had more of the service drives there so I think architecturally it’s going to be more pleasing to see office and that look and then also that big retaining wall’s gone. So if you’re looking at all these sign factors here, so these are all laid out and those are the kind of, because this would be the largest retail center besides the downtown. It has well thought out signage and so that again we took another look see at that and made some changes on that. The materials stay the same. So there’s different types of way finding signs. Kind of the major tenant signs and then a monument signs and those are all specifically placed and already identified so that makes it easier when the developer’s looking at the property know what’s laid out in front that’s different than what they would get from just their own wall signage but these area just kind of that way finding. So the one thing we did agree to is making the one larger sign, Avienda. Giving that sense of place as you’re coming up on 212 to be able to see that and that was, this is the view shed so you get an idea that it’s not perspective because it sits back quite a ways. I’ll help you find it right there. So that was one of the things that was brought up and I think that’s much more tasteful than having all those flag signs that were on there before. And then this would be the other larger sign which would be at the entrance coming in off of 212 crossing into Powers and then also coming, you can see that then here illustratively. That would be like that so that’s kind of your gateway sense of entry there. Sense of arriving at a place. And this would be the other entrance coming in from the other side of Bluff Creek Boulevard coming in from the neighborhood side. Again the sense of place and then the way finding or the directional signs. So this is what we talked about with those individual kind of the signature trademark kind of signs. That’s where they would show some of their character. That might be some of the awnings and that sort of thing too. So that’s the PUD in itself. So we’ve got those rules put in place which are unique attributes to that project. Then the second part of the application is the preliminary plat. So this plat now has 19 lots and no they didn’t acquire more land they just split them up differently. Again the preliminary plat, you can combine lots but if they were to subdivide another lot in the future some revision would then have to come back to you but if they combine lots, if they get a bigger user and they thought that that can be accomplished administratively but they’ve identified all those lots for the uses that they’ve shown on the original development plan. So again Bluff Creek Boulevard is what they talked Chanhassen City Council – July 13, 2020 16 about at the work session. This is the big lift right here is getting the grading for all that and then getting this main thread. So these are the two main threads and one of the big changes that they talked about was not making this continuous loop all the way around the project. So for the engineering part of it, you can see the differences from the original project. The complete loop and now it doesn’t go all the way through so. And then utilities. Mayor Ryan: Ms. Aanenson could you go back to that real quickly again? Kate Aanenson: Yep. Mayor Ryan: Because that was one of my questions about that. So now there’s no through road connecting on the west. Kate Aanenson: It’s a private street. Yep. There’s a pedestrian map that you asked and I’ll show that to you. Mayor Ryan: Okay perfect. Kate Aanenson: When we get to the end. I know that was one of your requests. Mayor Ryan: Thank you. Kate Aanenson: So the grading, this was the, there was a big, you can see where the red was, these are big retaining walls so that’s now been eliminated again which I think makes a much better plan and there will still be retaining walls along Lyman Boulevard as I mentioned. There’s a big change in grade right there if you look out there now. So that’s I think a much better plan. Stormwater, they had been working on the stormwater plan. They were trying to get their grading going so a lot of that trying to accommodate that and working through some changes on that based on the initial mass grading and then converting those to permanent structures during the buildout phase. Sanitary sewer and water is all available. And then this is the pedestrian circulation plan that you had asked for. If there’s questions on that I’ll let the applicants talk about that but that was one of the things you had talked about so we’ve got the on the public street, which is Bluff Creek Boulevard and Bluff Creek Parkway. There’s sidewalks along that. There’s a continuation through the main core and that’s the highest density and the highest concentration of the retail and also this side coming through for the pedestrian connection. So if you had any more questions on those, some of those connections like from the hotel to the restaurants and the like I’d let the developer speak to that. So with that again the Planning Commission did recommend approval. We are recommending approval of the rezoning and the preliminary plat and adopting the Findings of Fact and Decision and with that I’d be happy to answer any questions. Mayor Ryan: Thank you. Council do you have any questions? I just have one final question Ms. Aanenson in terms of, you talked about the retaining walls on the south end. Just the Chanhassen City Council – July 13, 2020 17 screening. You know obviously the screening is a big issue when you start talking infill development. We you know are talking about it now with Lennar development and that’s just housing. Obviously we have houses on the south side of that development and we’re going from dark space at night to bright lights and buildings and what not so I know you have the big chunk of the bluff maintained but how about the, where the retaining wall is removed. What type of screening is there? Kate Aanenson: I apologize. I didn’t put the landscaping plan in but that was one of the discussions that we had that they felt strongly about was the continuation of the landscaping through Bluff Creek Boulevard is one issue. We’ve had some problems maintaining it but they’re willing to take that over and still put that in. We’ve talked about the transition up on the top. There will be landscaping on that and then also as we look, that was one of the things we talked about where I did have the retaining wall doing some treatment on the top or the bottom so I think that would still be, each project as it comes in would then also have to meet that but there are some framework landscaping that they’d have to match up to. Just like we do with a subdivision. Mayor Ryan: Right. Kate Aanenson: There’s the overall landscaping plan that they’ll have to follow and securities for that, yeah. Mayor Ryan: Okay because I’m thinking of, and I can’t think of the neighborhood but the Lennar development that’s down on the southern part. I just want to make sure that when, you know when that, I don’t know what phase it is. I didn’t pull it up on mine. Phase 3 I think it is. Kate Aanenson: Oh you’re talking about on this phase? Mayor Ryan: Or district I should say district. Kate Aanenson: Yeah. Mayor Ryan: Oh there it is. Yeah so for District 3 along that southern part just want to make sure that there’s enough screening because that, does that not abut at all to the neighborhood or is it angled enough away? Maybe it’s angled enough away. Kate Aanenson: Yeah so the one that’s going to have the most impact is the low density one. Mayor Ryan: Okay. Kate Aanenson: Yep and we’ve talked about working with that neighborhood regarding matching some of the grades. That’s going to be a future discussion because there’s some Chanhassen City Council – July 13, 2020 18 drainage issues on the back there but certainly that, when they come in with that plan they’ll show the landscaping for that. Mayor Ryan: Okay. Kate Aanenson: But this one actually is sitting up a little bit higher and it’s actually overlooking if I can go to this, we had that illustrative slide here. Actually overlooking kind of the right-of- way, MnDOT right-of-way. Mayor Ryan: Okay so it’s angled enough away. Kate Aanenson: Correct. Mayor Ryan: Okay. Kate Aanenson: Correct but that doesn’t eliminate still you have the issues on the north side of Lyman too and just transitioning those buildings and the lights and all that as we look at those site plans. Mayor Ryan: Okay. And Mr. Nordland are you speaking tonight? Is the applicant not? Mark Nordland: They’re just here to answer questions. Mayor Ryan: I mean I know you’ve been at a lot of our meetings. I know you’re kind of getting used to…so if you wanted to say something you’re welcome. Council any further questions, comments or action for tonight? Councilman McDonald: Madam Mayor I’d be glad to do the proposal for this. I would propose that the City Council approves rezoning of 118 plus or minus acres from Agricultural Estate District (A2) to PUD Regional Commercial including Exhibit A, Avienda Design Standards. And B, the City Council approves the amended subdivision preliminary plat creating 19 lots, 3 outlots, and dedication of public right-of-way as shown in plans prepared by Landform dated May 1, 2020 subject to conditions in the staff report. And the City Council adopts, also adopts the attached Findings of Fact and Decision. Mayor Ryan: Thank you Councilman McDonald. Is there a second? Councilwoman Tjornhom: Second. Mayor Ryan: Thank you Councilwoman Tjornhom. With a valid motion and a second all those in favor please signify by saying aye. Chanhassen City Council – July 13, 2020 19 Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council approves the following: PUD The City Council approve the Rezoning of 118+/- acres, from Agricultural Estate District, A-2, to PUD Regional Commercial including “Exhibit A Avienda Design Standards”. SUBDIVISION The City Council approve the amended Subdivision Preliminary Plat creating 19 lots, 3 outlots and dedication of public right-of-way, plans prepared by Landform dated May 1, 2020, subject to the following conditions: Engineering 1. If subsequent phases require retaining walls they shall be privately owned and maintained. 2. As large, landscaped boulevards are proposed, the applicant shall add a note to the typical sections to identify a corridor for installation of private utilities such as power, communication, gas, etc. 3. The applicant shall show the road profiles and a horizontal alignment table in the plan set for all public roads prior to final plat. 4. The public roads constructed with this development are: Bluff Creek Boulevard, Avienda Parkway, Sunset Trail and Mills Drive. All other roads and drives constructed with this development will be privately owned and maintained. 5. The applicant proposes an Ultimate Plan for the Bluff Creek intersection with Powers Boulevard that includes two-lane entry into the roundabout. The city requires this Ultimate Plan be constructed at this time, but the roadway can be striped for one-lane only. 6. Staff recommends the applicant add traffic calming measures to Avienda Parkway near the residential areas of development. Specifically, the applicant shall incorporate pedestrian-friendly crossing features to the intersection at Mills Drive and Avienda Parkway. 7. Trails and pedestrian walks not located within public right-of-way shall be privately owned and maintained. 8. ADA-compliant pedestrian ramps shall be constructed at all intersections and median refuges per the MnDOT standard details. 9. Sanitary and water main structures shall not be located within landscaped medians or roundabouts. Final review of the location of sanitary sewer mains and water mains, and their appurtenances, will be conducted prior to final plat and/or permitting. 10. All sanitary and water mains constructed within the right-of-way shall be publically owned and maintained. 11. Private sanitary and water mains shall inspected and constructed to meet the city’s requirements for public utilities. Chanhassen City Council – July 13, 2020 20 12. The developer will be required to complete the water main loop along Lyman Boulevard. 13. Permanent stormwater management controls and the associated permits are required in accordance with all underlying jurisdictional authorities, including but not limited to the Riley Purgatory Bluff Creek Watershed District, prior to construction activities. 14. The applicant must provide a figure clearly identifying the areas to be irrigated with areas quantified, which is not included in the current plans. 15. The portion of the development with single-family housing must pay a water and sanitary service partial hook-up fee at a rate in place at the time of replat. The remaining hook-up fees would be paid with the building permits. 16. The developer shall work with the Building Department to determine the city SAC and WAC fees for commercial and multi-family buildings. The hook-up fees for commercial and multi-family buildings are due with the building permit at the rate in place at that time. 17. The developer shall adhere to all conditions and comments associated with the Carver County’s review memos (dated May 9, 2018 and May 21, 2020), including to escrow any required funds for the installation or improvement of traffic signals as required by Carver County. 18. It is the applicant’s responsibility to ensure that permits are received from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers, DNR, MnDOT, Carver County, RPBC Watershed District, Board of Water and Soil Resources, PCA, etc.). 19. A drainage and utility easement shall be placed over any outlots. 20. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary Zone to the city. Landscaping 1. Parking lot islands shall be linear areas incorporating planting area and stormwater management. 2. If the applicant chooses to install the minimum requirement sizes of parking lot landscaping islands, then silva cells, engineered soil or other accommodations must be used. 3. No more than 20% of the total trees should be from any one genus and no more than 10% should be from any one species. 4. A reuse watering system should be considered to irrigate all plantings within the site. 5. Drought tolerant plants shall be incorporate into the overall landscape plan. 6. Proposed landscaping plant materials shall be selected based on site conditions. 7. At a minimum, overall tree cover should be at least 20-25% or higher in commercial areas and a minimum of 30-35% or higher in residential areas. Chanhassen City Council – July 13, 2020 21 8. Any landscaping located within the ROW shall be covered by an encroachment and maintenance agreement. Park and Trail 1. Incorporate meaningful park-like places, including the provision of appropriate recreation equipment, site furnishings, and landscaping adjacent to residential components. 2. Preserve the woodlands identified in the Bluff Creek Overlay District. Provide a blanket trail easement over the entire preserved area to accommodate the installation of natural surface public trails. 3. Provide an attractive public trail connection from the north entering the Bluff Creek Overlay District. 4. Incorporate traffic calming into all pedestrian crossing locations. 5. Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication. Building Official Comments 1. The buildings are required to have automatic fire extinguishing systems. 2. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 3. Retaining walls over 4 feet high require a building permit and must be designed by a professional engineer. 4. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 5. Building plans (when submitted) must include a code analysis that contains the following information: Key Plan, Occupancy Group, Type of Construction, Allowable Height and Area, Fire Sprinklers, Separated or Non-Separated, Fire Resistive Elements (Exterior walls, Bearing walls - exterior or interior, Shaft, Incidental Use), Occupant Load, Exits Required (Common Path, Travel distance), Minimum Plumbing Fixture Count. 6. Detailed occupancy related requirements will be addressed when complete building plans are submitted. 7. Structure proximity to property lines (and other buildings) will have an impact on the Code requirements for the proposed building, including but not limited to allowable size, protected openings and fire-resistive construction. These requirements will be addressed when Chanhassen City Council – July 13, 2020 22 complete building and site plans are submitted. 8. Every building, containing any plumbing fixtures and/or receptors, must have its own independent connection with a public or private sewer, except that a group of buildings may be connected to one or more manholes which are constructed on the premises and connected to a public or private sewer. (MSPC 713.0) 9. The developer must submit a list of proposed street names for review and approval prior to final plat of the property. Fire Department Comments At the time of site plan, review the design for the private street, adjacent to the preservation area that accesses the Senior Housing and Townhouses needs to accommodate for emergency apparatus. Conditional Use Permit The Conditional Use Permit was already approved and will be reaffirmed with the revised preliminary plat with City Council approvals. The Chanhassen Planning Commission recommends that City Council approve the Conditional Use Permit to encroach into the Primary Zone and required buffer for the construction of Bluff Creek Boulevard subject to conditions in the staff report: 1. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary Zone to the city. 2. The developer shall provide the city with a management plan for the area and submit to the city for review. 3. Monuments indicating the Bluff Creek Overlay District shall be placed at every other property corner and at an angle of deflection greater than seven percent, but in no case shall they be greater than 150 feet apart. 4. The developer shall not encroach into the Bluff Creek Primary Zone. 5. The developer shall comply with the with the 40-foot Primary Zone setback and preserve or create a 20 foot buffer from the Primary Zone. 6. The buffer will be required to have a vegetation management plan and soil amendments. Wetland Alteration Permit The Wetland Alteration Permit was already approved will be reaffirmed with the revised preliminary plat with City Council approvals. Chanhassen City Council – July 13, 2020 23 The Chanhassen City Council approve the Wetland Alteration Permit to 4.4659 acres of permanent wetland impacts subject to conditions: 1. The applicant needs to supply the needed additional information to the city. The additional information is needed to determine if the project meets the WCA requirements. 2. A Technical Evaluation Panel (TEP) meeting is needed to review the application. 3. If the application is deemed to meet the avoidance and minimization criteria of the WCA, a mitigation plan that adequately replaces wetland functions and values is needed. 4. City staff has reviewed mitigation options. City staff recommends the applicant provide wetland mitigation via the purchase of wetland bank credits at a rate of 2:1, in accordance with WCA requirements. This condition has been met - see attachment. 5. The applicant shall contribute $300,000 to the city for water quality improvement projects within the watershed. And adopts the attached Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Ryan: That motion carries 5-0. Thank you. Thank you Ms. Aanenson. CONDUCT PUBLIC HEARING, ADOPT ASSESSMENT ROLL, AND AWARD CONSTRUCTION CONTRACT FOR LAKE LUCY ROAD REHABILITATION PROJECT. Mayor Ryan: Alright Mr. Howley you’re up next and the first, we have two public hearings tonight. One for the Lake Lucy Road project and then obviously we’ll get to the other road projects next but let’s start with the Lake Lucy. Charlie Howley: Thank you Mayor, council. Lake Lucy Road Rehabilitation Project and I want to make sure to distinct that this is a separate stand alone project. We refer to it as the MSA project. It is not the Lake Lucy Road that’s buried in the next one that we’re going to talk about which is the 2020 street recon. This is both consideration of holding an assessment hearing and considering award of contract. Again tonight’s action. Of course we had a work session where we talked about some strategies but originally we wanted to conduct a public hearing for the proposed assessments. We would consider the approval of the assessment roll and then consider authorizing the construction contract to move ahead. Project area and scope for your review. This is Lake Lucy Road between Trunk Highway 41 and Galpin. It is identified as a collector street and a designated MSA route with a total of .7 miles. It’s planned for a mill and overlay. The existing bituminous trail would be a full depth reclamation. We would redo some ADA Chanhassen City Council – July 13, 2020 24 pedestrian ramps. There’d be spot curb and gutter replacement. We would add two driver feedback speed signs. We would include some enhanced pedestrian crossings. Striped crosswalks and signage that aren’t there today. Utility repairs including replacing bolts on watermain valves. Repair replacement of deficient storm sewer structures. Replacement of storm and sanitary manhole castings that don’t meet current standards and we’re also adding 3 new drainage structures to prevent localized flooding. The project was bid on June 18th. We got 6 bids. Low bid was 2.3 percent below the estimate. Came in at $678,935 dollars. This project is subject to our assessment policy and results of that calculation are $3,718 and 15 cents per unit and the units are shown in blue. There are 20 of them. Which is just a snug underneath what we estimated in final design due to the bid coming in a tad low. The overall funding summary, total project cost is just over $800,000. MSA funds were planned to be used to the tune of $595,000. That would be everything that would be eligible for MSA funds. The streets and that sort of stuff. The utility funds would pick up the utility work and then the 40 percent resident assessed values of $74,500. The overall project schedule. We are at the point in the project that’s highlighted in yellow. Between the last meeting and this meeting we did hold a public info meeting at Manchester Park just last week. We had about 7 people show up. Turned out to be a pretty successful meeting. Tonight we’re considering award of the contract and adoption of the assessment rolls. If we moved forward tonight with the project we would start construction in a couple weeks time and the substantial completion date would be September of this year. These were the original motions for tonight but I will withhold this slide until we get formal direction on whether we will adopt the assessment roll and/or award the project so at this point I’m ready to take any questions or we can move ahead with the public hearing. Mayor Ryan: Alright first I’ll ask council if there’s any questions before opening the public hearing. With no questions at this time I hereby open the public hearing. Please step forward and state your name and address for the record and this is for the Lake Lucy MSA project. Heather do you know if anybody, Heather? Heather Johnston: Yeah, no I’m just looking at the phone. Mayor Ryan: And do you know if anyone was in the senior center? For Lake Lucy. Jake Foster: I think George is in there too. Heather Johnston: Yeah they’re watching it. Charlie Howley: Nobody here. Mayor Ryan: Okay alright. And I know we had our phone lines open as well so just want to make sure no phones are coming through. Charlie Howley: Usually they tell us if there’s anybody on the phone. There’s Matt. Chanhassen City Council – July 13, 2020 25 Matt Kerr: No. Charlie Howley: Nope, nobody on the phones. Mayor Ryan: Okay. And nobody in here. Alright I will close the public hearing and return it to council for conversation or motion. I’ll actually add real quickly just for those that, you’re going to hear tonight earlier this evening in our work session we had a conversation around these projects. We were presented with new information in terms of funding for our, a lot of our road projects coming from the State and it’s called Municipal State Aid and the Municipal State Aid comes from the gas tax and since the, you know since the pandemic started people have been staying home and not driving as often and so the funds available coming from the State have significantly decreased and so the State has decided not only to withhold funds that they typically advance that we have depended on for some of this years and next years projects but they also have changed the amount that they’re distributing to municipalities and they’re reducing that by 15 percent and so that puts us in a very challenging situation as a council. When we look at the road projects that we have before us tonight, 3 months ago when we, when we were having these conversations and we knew what we had budgeted for we were ready to move forward. We had seen the bids. We had hoped the bids would come in less than what was projected and they did but here we are today and I think we all know a lot has changed over the last month. Not even 3 months but certainly in the last month and a lot has changed from what we know coming from the State and where we’re at as a city and so when we’re looking at projects like this, Lake Lucy and the street projects. The 2020 street projects for the city you know council and the discussion tonight that we had as a work session is we feel it is very important that we live within our means and only do the projects and spend the amount of money that we have budgeted for this year and so that was really the crux of the conversation that we had earlier tonight and we have asked council, or what we’ve asked staff to do knowing that at this time we’re not prepared to increase the amount of money that we’re going to spend on road projects this year that would then set us up for increased levies without further discussion. We’ve asked Mr. Howley and Mr. Sticha and the rest of staff to come, to take the next two weeks and come back to City Council in two weeks at our next meeting and propose a new plan that says these are the road projects that we can do and we can do those by staying within the budget that we have established. And so this puts you know the council in a challenging situation to have to pick and choose. That’s why we’re going to lean on staff to make sure that they give us those recommendations but you know the bottom line is that you know all of us on council felt it was really important that we set a certain amount that we wanted to spend on roads for this year and that’s all that we’re going to be able to spend and we have to figure out what that looks like and that may mean pushing some projects into next year so I wanted to preface any motion that we have going forward. We’re still going to hold the public hearings because the assessment amounts wouldn’t change. If your road project is chosen to move forward the assessment amounts won’t change so we still want to have the hearing tonight. Get your feedback and then that will also be taken into consideration when Mr. Howley is going through this process. So I know the folks that are here that haven’t spoken you know can absolutely speak at the next public hearing but that’s, again that’s really where we’re at and that’s the Chanhassen City Council – July 13, 2020 26 situation we’re faced with. We don’t know how we’re going to end up this year from a budget standpoint and so to be committing to road projects and spending beyond what we have we just are certainly not comfortable doing so. So with that explanation I still look to council if there’s any other comments that you want to add onto what I just shared or if there is a motion for this evening. Or questions of staff. Councilman McDonald: Madam Mayor do we need to do a motion to table this then? For two weeks or is that, no? Okay. Roger Knutson: I would recommend that the motion you consider to table it for two weeks. Councilman McDonald: Okay, I would make that motion to table and continue discussion on this particular resolution then. Mayor Ryan: Before I accept that motion do we still have to accept the, we don’t accept the assessment roll though because we haven’t awarded anything. Roger Knutson: You’re continuing the decision on whether to adopt the assessment roll and continuing the decision to whether you award the contract in two weeks. Mayor Ryan: Okay. Okay. So if you don’t mind restating that, that would be great Councilman McDonald. Councilman McDonald: Madam Mayor I would make a motion to continue this item both for the awarding of a contract and also for the acceptance of the assessment roll. Roger Knutson: For two weeks? Councilman McDonald: For two weeks. Roger Knutson: Or your next council meeting. Councilman McDonald: Or our next meeting, whichever comes first. Mayor Ryan: Perfect. We have a valid motion. Is there a second? Councilman Campion: Second. Councilwoman Tjornhom: Second. Mayor Ryan: Councilman Campion, we have a valid motion and second. Chanhassen City Council – July 13, 2020 27 Councilman McDonald moved, Councilman Campion seconded that the City Council table adopting the assessment roll and awarding the construction contract for Lake Lucy Road Rehabilitation Project for two weeks. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Ryan: That motion carries 5-0. CONDUCT PUBLIC HEARING, ADOPT ASSESSMENT ROLL, AND AWARD CONSTRUCTION CONTRACT FOR 2020 STREET REHABILITATION PROJECT. Mayor Ryan: Mr. Howley. Charlie Howley: Thank you Madam Mayor and council. Got another power point here for the next one which is another project similar to the Lake Lucy MSA project although this one is not MSA eligible. It is our annual street improvement program and this one we call it’s Project Number 20-05 but it’s six distinct neighborhoods and again the original intent was to hold an assessment hearing and consider adopting the assessment roll and consider awarding the construction contract but all of your previous comments on Lake Lucy project apply here as well where we’ve got some funding challenges that we need to certainly work through. Nonetheless short presentation and then we can move ahead with the hearing. This project area in scope as I mentioned is six distinct project areas. Two of the neighborhoods would be rehabilitated by a mill and overlay. Those would be the Redwing and the Lake Lucy neighborhood areas. Four of the neighborhoods would be rehabilitated by a full depth reclamation. That would be the Trappers Pass area, Marsh area, Choctaw and Kurvers neighborhood areas. Again there would be spot curb and gutter replacements. Utility repairs. Replacing bolts on watermain valves. Replacement of manhole castings that do not meet current standards and minor stormwater improvements. The project was bid on June 19th and we received 3 bids. The low bid came in 1.3 percent below the estimate and so the total bid on all six neighborhoods was just a bit over $4.8 million. The assessment summary was based on a neighborhood by neighborhood basis. Thought that was the fairest way to do it rather than one large project because of the different rehabilitation techniques that we are doing within each neighborhood so the six neighborhoods there have the assessment amounts listed on the screen. The total project cost was $5.1 million and then it would have been funded by our city revolving assessment fund, utility funds and assessments to the residents. Project schedule was very similar to Lake Lucy MSA. Again after our last meeting we did hold a public info meeting, that was last week and we held that at Lake Ann Park shelter. Pretty good turnout. And tonight was going to consider adopting the assessment rolls and awarding the contract. If it was to get awarded tonight we again would start at the end of July. The substantial completion of this project would be in November. However we did allow some flexibility with the contract whereby the contractor could do some wear course paving next spring so the ultimate completion would have been June of next year. So that said we’ll hold on these two motions and I can stand for questions on these projects. Chanhassen City Council – July 13, 2020 28 Mayor Ryan: Alright. Council before I open the public hearing any questions for Mr. Howley? Okay I hereby open the public hearing. Please come forward and state your name and address for the record. Richard Hamblin: Is it my time now? Mayor Ryan: It’s your time. Richard Hamblin: Great. I’m Richard Hamblin, 340 Sinnen Circle, Chanhassen. I live off of Marsh Drive. Drive on Marsh Drive every day and the street gets potholes in it but the City has done a fine job of filling the potholes so the street is really not in that bad of shape so if you’re looking to delay a project delay that one. You can wait a year, two years, three years on that one, just fill the potholes every spring and we’re good to go. Where I see pavement really, really deteriorating badly is what they call alligatoring and that’s where it’s literally crumbling. It’s just all broken up everywhere. Marsh Drive is not in that bad of shape. So in my opinion yeah we get potholes. It’s not perfect. Brand new pavement but it’s not terrible. It’s very drivable so in my opinion I don’t want to pay that assessment. You know I try to live within my means as well and so if the City wants to do the same spend your money somewhere else where it can be better used. That’s my point. Mayor Ryan: Great, alright thank you sir. I appreciate it. Go ahead. Just state your name and address for the record please. Robert Myers: Robert Meyers, 8131 Dakota Lane. Mayor Ryan: Thank you. Robert Myers: So I’d like to just start out and say that yes we don’t really need the street improvements. There’s just some potholes and you can easily repair those. This is just poor timing during the Coronavirus outbreak. People are losing their jobs. I have a neighbor that lost his job and on top of that the State budget is looking severely weaken by the pandemic. The State’s budget projection is a $2.4-$2.6 billion shortfall and we need in Chanhassen contingency plans for delayed property tax receipts, reduce special tax and fee revenues and so on. Our taxes are already too high. Carver County collects the highest property tax in Minnesota. The highest. And you’ve got all these projects. It’s crazy. The average for every house is $2,992. 1.04 percent of the value. And the City’s also collecting franchise fees on our electric and gas bills and now you want to assess each of us another $2,303. People I stay at home. I work from home. I see kids riding their bikes. Their skateboards. Families taking walks continually up and down the street and now you want to tear it up and we’re going to have dust and trucks for a year and they’re all at home and where are they going to go? We’re going to live through all this noise and construction while we’re trapped in our houses. We enjoy taking a walk, getting fresh air and enjoying nature. We need that so it’s troubled times. Don’t take that away now please. Chanhassen City Council – July 13, 2020 29 Mayor Ryan: Okay thank you sir. Appreciate it. Is there anyone else that would like to come forward or any phone calls coming in? No phone calls coming in? Alright anybody before I close the public hearing. Anybody else here that would like to come forward and speak. You’re welcome to even just state your name and address and whether you’re for or against that’s, you don’t have to make any long speech but if you’d like to just come forward you’re welcome. Yes. Karen Klinsing: Hi I’m Karen Klinsing, 8090 Hidden Court and to reiterate what the gentleman ahead of me had said. I don’t think Hidden Court is in all that tough shape. If you are looking to save money it could easily be postponed 1, 2, 3 years and that would be totally fine and I was really taken aback when the assessment came because we had gotten a postcard and I remember that there was 5 areas but there was a couple that were going to be postponed and so the last I knew our area was going to be postponed and so imagine my surprise when we get this $2,300 bill in the mail. And just like the other gentlemen we have neighbors that they work retail. They’re unemployed so this is just a really bad time to be assessing $2,300 bill on a road that really is not in need of a full fix. Full repair. Mayor Ryan: Wonderful. Thank you for coming forward. Appreciate it. Karen Klinsing: Thank you. Mayor Ryan: Is there anybody else? Matt Kerr: There is a phone call on the line. Mayor Ryan: Okay. Charlie Howley: Hello City of Chanhassen. Joel Matthews: Hi I’m calling about the Marsh Drive project. Charlie Howley: You bet. You’re live at the council meeting. Please state your name and address for the record and then give us your comment. Joel Matthews: Absolutely. My name is Joel Matthews and I’m at 8081 Hidden Circle. And I’d just like to take on the other residents basically say…delaying the Marsh Drive project. I agree with some of the comments on Marsh Drive…certainly are at the point of needing major repair. We have water drainage issues. We did have, we had damage to vehicles on the road and so I really in favor of supporting the Marsh Drive project for this year. I totally understand if it gets delayed because of funding options but I would advocate very strongly that our roads are showing they’re 34 years old wear and tear at this point in time and they need to be replaced for our safety and property damage standpoint. Mayor Ryan: Alright thank you sir. Chanhassen City Council – July 13, 2020 30 Joel Matthews: Thank you. I appreciate your time. Mayor Ryan: Thank you for calling. Charlie Howley: That was our first call ever. Mayor Ryan: That was our first call and it worked well so thank you. Charlie Howley: It did once I turned the microphone on. Mayor Ryan: Alright anybody else that would like to come forward. We’ll wait a couple more, or another minute to see if anyone else calls in. Charlie Howley: Madam Mayor we did receive via phone call and then follow up email I think officially as an objective to the assessment. I don’t know if you were planning on reading that after this or if Kim gave you those or not. Mayor Ryan: She did not, no. Charlie Howley: George which one was it? Do you remember? Was it in the Trappers Pass area? George Bender: It’s I believe 89 Cascade Circle. Charlie Howley: 89 Cascade Circle. George Bender: Yep. And his name is Jay Beaudry. Came in through public comments and I thought Kim was going to give them to you. Mayor Ryan: Oh no I didn’t get that so if George if you don’t mind. Could I just read it into the record please just since it did come into the public comments. I did not get that. Thank you. Okay just to read it what was just shared. So at 89 Cascade Circle. Jay Beaudry, B-e-a-u-d-r-y and he is impacted by the proposed Trappers Pass assessment and he wanted to officially have my objection to the project and the assessment amount noted and then shared some comments as it relates to the overall project and his objection so that will be, Mr. Beaudry will, I’ll pass that along to Mr. Howley and obviously Mr. Bender has this as well so that is into the record and will be considered so thank you for submitting that. With no other individuals coming forward I will close the public hearing and return it to council for a comment or motion and again I won’t repeat myself in length as I shared earlier when we were talking about the Lake Lucy project but again we are, we are looking to re-evaluate all of our road projects for 2020. We appreciate your input coming tonight to share you thoughts on your specific roads but we will be revisiting this Chanhassen City Council – July 13, 2020 31 potentially if there’s a motion to do so in 2 weeks and take up, or to continue the conversation at that time so with that I will turn it over. Councilman McDonald. Councilman McDonald: Thank you Madam Mayor. I will basically make the same motion I made before where we will look at continuing this resolution for a period of 2 weeks. We will delay the assessment hearing or the acceptance of the assessment I guess and we will also delay the awarding of any contract for 2 weeks. Mayor Ryan: We have a valid motion. Is there a second? Councilman Campion: Second. Mayor Ryan: Councilman Campion with a second. Councilman McDonald moved, Councilman Campion seconded that the City Council tables adopting the assessment roll and awarding the construction project for the 2020 Street Rehabilitation Project No. 20-05 for two weeks. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Ryan: That motion carries 5-0. And for those of you that are here tonight and those that are watching at home, so what that means is while there will not be a public hearing associated with this because your comments have been heard tonight, you may certainly write in emails that are considered by council and staff but at the next meeting all that we will be doing is taking action and choosing the projects and the projects that we’re moving forward based on where we at from a funding perspective so if you have further comments or questions please feel free to direct them to council or to Mr. Howley who’s the head engineer and public works director for the City and I’m sure, I don’t know if you have your cards available tonight but his information is online or Mr. Bender. Please get their information and if you have further questions or comments don’t hesitate to reach out to either one of those of anyone council but we will take these street projects. Take that matter up again in 2 weeks so thank you for being here tonight. We appreciate you coming in and then we’ll move forward in 2 weeks so thank you. COUNCIL PRESENTATIONS. Mayor Ryan: Any council presentations tonight? Councilman McDonald. Councilman McDonald: Yeah Madam Mayor. What I’ve been doing over the past few weeks as it deals with the COVID virus and the impact upon the community, I’m on the Southwest Transit Board and we provide public transportation and I just, I’ve been trying to give at least some updates so that everyone is aware of what’s happening with public transportation. We held a meeting again today with our lobbying group, the Suburban Transit Association where we’ve looked at trying to determine what’s the new normal. What’s becoming apparent right now is that because of the COVID pandemic and everything work habits have definitely changed. A lot Chanhassen City Council – July 13, 2020 32 of people are working from home. There’s been a real reluctance to reopen downtown Minneapolis. The office buildings and such. There’s a lot of issues associated with that. What all the transit providers are looking at is, well whereas before there may have been at 7:00 two or three buses we’re lucky to get one bus now so there just aren’t that many riders and what the association, everybody is looking at is how can public transit serve it’s constituents and residents in the future and we’re trying to work through all of that. We do feel that there is a great need within our community for public transportation. We’re not sure exactly what that looks like. At least in our area we have Prime which does fulfill some of that role and it had been very successful and it’s even suffering somewhat because of this. We’re trying to work through issues of safety. How can people feel safe on a bus. Public transportation. We’re working through all of those issues but we are trying to put together something so that public transportation is part of our community. It’s just right now what I can’t tell is exactly what that’s going to look like because it is a moving target and as things begin to gel out a little bit more I’ll bring back you know hopefully some more positive news and such but I do want everybody to know that there is public transit available within our community. Southwest Transit Prime is still taking orders and we’ve redone the way that all of that works to keep both the drivers and riders safe so there are rules in place there. But we are trying to make sure that within our communities we do not lose the option of public transit. Mayor Ryan: Thank you Councilman McDonald. Appreciate your involvement and advocacy for public transportation in our community with Southwest. I see the Southwest Prime buses still heavily in operation or they seem to be because I know obviously there is that need but just appreciate the information tonight but really the, the help and you advocating to continue to have this offered in our city because it is vitally important so thank you for that. Any other comments? I would just like to, it seems like it was so long ago. The 4th of July but it wasn’t and I would just like to extend thanks and appreciation on behalf of council to our parks and rec department, the fire department, the Carver County sheriff’s office for making it happen. And I also want to say to council you know thank you to all of you for sticking through it and even though we kept getting you know the I don’t know if we can do this. I don’t know if we should be able to do this and we never wavered in that and really pushed forward and so I just, I was really proud. Heard a lot of very positive feedback. Also would like to say, I shouldn’t forget the Rotary for having the flyover. But just those, you know those few things that are very symbolic to this country but also to our community to have the flyover and the fireworks. I just was very proud to have that continue in our community and have the opportunity to celebrate our great country so thank you to everybody that was involved to make it happen. It went off very well. There were no issues that night and so thank you to council and thank you to staff and the fire department and Rotary and the sheriff’s office for making that happen. It was a special celebration so in strange times it was really neat to say that Chanhassen was one of the cities that moved forward with the fireworks. I thought that was pretty awesome so. ADMINISTRATIVE PRESENTATIONS. None. CORRESPONDENCE DISCUSSION. None. Chanhassen City Council – July 13, 2020 33 Councilwoman Tjornhom moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 8:20 p.m. Submitted by Heather Johnston Interim City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL WORK SESSION JULY 13, 2020 Mayor Ryan called the work session to order at 5:00 p.m. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Tjornhom, Councilman McDonald, Councilman Campion, and Councilwoman Coleman STAFF PRESENT: Heather Johnston, Kate Aanenson, Charlie Howley, Jake Foster, Greg Sticha, Danielle Washburn, Matt Unmacht, and Jerry Ruegemer REVIEW OF 2019 AUDIT WITH REDPATH & COMPANY. Greg Sticha introduced Dave Mol with Redpath & Company who reviewed highlights of his power point presentation outlining reports issued by auditors, report on internal controls, report on Minnesota Legal Compliance, and Communication to those charged with Governance all of which reported clean opinions. He noted that the City has received the award for Excellence in Financial Reporting for the 27th consecutive year before briefly reviewing the summary of financial activity, general fund budget performance, a graph showing general fund balance cash flow reserves, general fund balance graph, and graphs reviewing the enterprise funds for water, sewer, and property taxes by jurisdiction. Councilman McDonald asked overall how the City is performing. Dave Mol stated that overall the City is in good condition except if water usage continues to be flat or low that will need to be addressed in the future. Mayor Ryan asked about the status of the City’s reserve goals. Councilwoman Tjornhom asked about the Water Wise program’s affects on the reduction in water usage which prompted the need to raise rates. Mayor Ryan thanked Greg Sticha and Danielle Washburn for all their hard work associated with working with Redpath & Company for the 2019 audit. The City Council took a short recess at this point in the work session. REVIEW LOCAL SURFACE WATER MANAGEMENT PLAN AND STORMWATER RELATED CITY CODE UPDATE. The Water Resources Coordinator Matt Unmacht provided background information prior to reviewing ordinance amendments to Chapters 1-Definitions, 18-Subdivision, 19- Water, Sewers, and Sewage Disposal, and 20- Zoning related to changes in the local surface water and stormwater management plan and discussed how the City’s regulations relate to Watershed Management Organizations (WMO) rules and regulations. This item went before the Planning Commission on June 2, 2020 and will come back to the City Council for approval in the future. Mayor Ryan thanked Matt Unmacht for being a part of the team and his work on this item. Councilman McDonald asked for clarification on how developers will work with the City’s regulations in relation to Watershed Management Organizations regulations. Mayor Ryan City Council Work Session – July 13, 2020 2 concurred that residents and developers have complained about the process in the past and streamlining the process moving forward would be helpful. REVIEW PROPOSED STREET IMPROVEMENT FUNDING. Charlie Howley reviewed the 2020 street improvement projects explaining what factors have occurred over the last month which have resulted in a decrease in the Municipal State Aid funds and the affects of how street projects can move forward. He explained that the City Council will be holding public hearings regarding the assessment rolls for the Lake Lucy Road Rehabilitation Project and the six neighborhood projects in the 2020 Street Rehabilitation Project and options for approving the associated assessment rolls and awarding the construction contracts. Greg Sticha reviewed funding options moving forward in 2020 and 2021 with the reduction in MSA funds. Charlie Howley reviewed projects that are currently completed or under construction and options for funding those projects. Councilwoman Tjornhom asked if MSA funds are also available to Carver County and what other cities are doing to address these funding impacts. Councilwoman Coleman asked about the status of MSA funding for 2021. Councilman McDonald asked how pushing street projects out to future years will affect funding for 2020 and priorities for street projects moving forward. He explained that he would not be in favor of increasing levies. Mayor Ryan concurred that she would not be in favor of increasing levies or using bonding and would favor living within the City’s means and only doing projects that money has been budgeted for in 2020. Charlie Howley continued with the presentation reviewing five funding options being proposed by staff. Council members and staff discussed how to fund the Lyman Boulevard project. Greg Sticha reviewed a spreadsheet explaining the franchise fee budget moving forward. Councilman McDonald asked that staff come up with a brand new plan for 2021 moving forward due to the current budgetary issues. In discussing the Powers Boulevard/Lake Lucy pedestrian crossing project where the contract has already been awarded, the contractor explained how the City would be responsible for money that’s already been spent to buy materials and associated damages. Mayor Ryan asked for clarification on the amount of money budgeted for 2020 and which projects would be covered under the $3.8 million. City Attorney Roger Knutson clarified that the council could hold the public hearings for the assessment roll without awarding the construction contracts. ROUNDTABLE. Heather Johnson explained how Roundtable discussions are designed to gain council input before bringing items back to the council. Jake Foster explained the process associated with the RFP for recruitment firms for the City Manager position and asked for two council volunteers for that review process. Councilman Campion and Mayor Ryan volunteered to sit on the review panel. Kate Aanenson explained that a special legislation update will be discussed at a future work session. Mayor Ryan adjourned the work session at 6:55 p.m. Submitted by Heather Johnson, Interim City Manager Prepared by Nann Opheim CITY COUNCIL STAFF REPORT Monday, July 27, 2020 Subject Approve City Center Park Paver Replacement Project Section 7:30 P.M. ­ CONSENT AGENDA Item No: E.2. Prepared By Adam Beers, Park Superintendent File No:  PROPOSED MOTION “The City Council approves the recommended bid to Glacial Ridge, Inc. to complete the City Center Park Paver Replacement Project in the amount of $130,898.55" Approval requires a Simple Majority Vote of members present. DISCUSSION This year’s park and trail capital improvement budget contains $165,000 to complete paver replacements at City Center Park. Four companies elected to participate in the RFP process to remove the existing pavers in the poorest condition and replace with clay pavers that will better withstand maintenance practices and pedestrian traffic.  The paver replacement project will revitalize the overall aesthetics and safety of City Center Park.  Bids were received from the following: Bidder Bid Total Glacial Ridge Inc.*$130,898.55 Creative Scapes Landscaping $159,035.00 Hartman Companies $174,434.50 Blackstone Contractors $215,120.07 *Indicates low bidder Project Schedule: Bidding documents issued May 29 Pre­bid walkthrough – June 5 Bids Received – July 10 Recommendation to City Council – July 27 Construction start date – August 3 Substantial Completion – August 31 Owner Acceptance – Sept 7 RECOMMENDATION CITY COUNCIL STAFF REPORTMonday, July 27, 2020SubjectApprove City Center Park Paver Replacement ProjectSection7:30 P.M. ­ CONSENT AGENDA Item No: E.2.Prepared By Adam Beers, Park Superintendent File No: PROPOSED MOTION“The City Council approves the recommended bid to Glacial Ridge, Inc. to complete the City Center Park PaverReplacement Project in the amount of $130,898.55"Approval requires a Simple Majority Vote of members present.DISCUSSIONThis year’s park and trail capital improvement budget contains $165,000 to complete paver replacements at CityCenter Park. Four companies elected to participate in the RFP process to remove the existing pavers in the poorestcondition and replace with clay pavers that will better withstand maintenance practices and pedestrian traffic.  Thepaver replacement project will revitalize the overall aesthetics and safety of City Center Park. Bids were received from the following:Bidder Bid TotalGlacial Ridge Inc.*$130,898.55Creative Scapes Landscaping $159,035.00Hartman Companies $174,434.50Blackstone Contractors $215,120.07*Indicates low bidderProject Schedule:Bidding documents issued May 29Pre­bid walkthrough – June 5Bids Received – July 10Recommendation to City Council – July 27Construction start date – August 3Substantial Completion – August 31Owner Acceptance – Sept 7 RECOMMENDATION Staff recommends the City Council approve the City Center Park paver replacement project to Glacial Ridge, Inc. in the amount of $130,898.55, proposal includes the base bid and various alternates.  Funds for the project are included in the 2020 Capital Improvement Program. ATTACHMENTS: CIP Sheet PK&T ­ 142 Glacial Ridge Bid Proposal Creative Scapes Landscaping Hartman Companies Bid proposal Blackstone Contractors thru 165,000165,000 165,000 165,000 165,000165,000 165,000 165,000 CITY COUNCIL STAFF REPORT Monday, July 27, 2020 Subject Authorize a Cooperative Agreement with RPBCWD for the Silver Lake Water Quality Improvement Project Section 7:30 P.M. ­ CONSENT AGENDA Item No: E.3. Prepared By Charlie Howley, Public Works Director/City Engineer File No: n/a PROPOSED MOTION “The City Council approves a Cooperative Agreement with the Riley Purgatory Bluff Creek Watershed District for a Water Quality improvement project located in Pleasant View Preserve." Approval requires a Simple Majority Vote of members present. SUMMARY The Riley Purgatory Bluff Creek Watershed District (RPBCWD) is currently in the preliminary design stages of this project.  The City has no funding obligations for the design or construction of the project, other than minor staff time needed for review.  The City, by way of this Cooperative Agreement, will own and have the long­term maintenance responsibility of this stormwater Best Management Practice (BMP). BACKGROUND Providing improvements to address existing erosion and sediment issues at this site along with the added benefit of enhanced water quality to Silver Lake was going to be part of the future Pleasant View Road street reconstruction project when that eventually occurs; however, the District has agreed to fully fund this project and therefore is planning to move forward ahead of the road project.  Installation of this BMP will not negatively affect the future road project. The project is scheduled for construction later this Fall. The feasibility report for the project is attached. The City attorney has reviewed this agreement. RECOMMENDATION Staff recommends approval of the Cooperative Agreement. CITY COUNCIL STAFF REPORTMonday, July 27, 2020SubjectAuthorize a Cooperative Agreement with RPBCWD for the Silver Lake Water QualityImprovement ProjectSection7:30 P.M. ­ CONSENT AGENDA Item No: E.3.Prepared By Charlie Howley, Public WorksDirector/City Engineer File No: n/aPROPOSED MOTION“The City Council approves a Cooperative Agreement with the Riley Purgatory Bluff Creek Watershed District for aWater Quality improvement project located in Pleasant View Preserve."Approval requires a Simple Majority Vote of members present.SUMMARYThe Riley Purgatory Bluff Creek Watershed District (RPBCWD) is currently in the preliminary design stages of thisproject.  The City has no funding obligations for the design or construction of the project, other than minor staff timeneeded for review.  The City, by way of this Cooperative Agreement, will own and have the long­term maintenanceresponsibility of this stormwater Best Management Practice (BMP).BACKGROUNDProviding improvements to address existing erosion and sediment issues at this site along with the added benefit ofenhanced water quality to Silver Lake was going to be part of the future Pleasant View Road street reconstructionproject when that eventually occurs; however, the District has agreed to fully fund this project and therefore is planningto move forward ahead of the road project.  Installation of this BMP will not negatively affect the future road project.The project is scheduled for construction later this Fall.The feasibility report for the project is attached.The City attorney has reviewed this agreement.RECOMMENDATION Staff recommends approval of the Cooperative Agreement. ATTACHMENTS: Agreement Feasibility Report COOPERATIVE AGREEMENT Between the Riley-Purgatory-Bluff Creek Watershed District and the City of Chanhassen Silver Lake Watershed Phosphorous Control Project at Pleasant View Preserve This cooperative agreement is made by and between the Riley-Purgatory-Bluff Creek Watershed District, a watershed district created pursuant to Minnesota Statutes chapters 103B and 103D (RPBCWD), and the City of Chanhassen, a governmental subdivision and body corporate and politic of the State of Minnesota (Chanhassen), for the construction, operation and maintenance of the Silver Lake Watershed Phosphorous Control project at Pleasant View Preserve. Recitals WHEREAS in 2016 the Minnesota Pollution Control Agency designated Silver Lake as impaired for aquatic recreation because of excessive nutrients, and Silver Lake contines to fall short of meeting its designated-use classification; WHEREAS RPBCWD’s approved 2018 watershed management plan (the Plan) identifies excessive nutrient loading as an ongoing harm to water quality in Silver Lake, a public water within both Chanhassen and the City of Shorewood; WHEREAS the capital improvements program in the Plan includes the Silver Lake Watershed Phosphorous Control Project (designated SiL_2), which includes measures to manage phosphorus loading to Silver Lake, including ditch checks with iron-enhanced sand for filtration, and stabilization of the banks of a firstorder stream WHEREAS in 2017, RPBCWD completed an update of a 1996 use attainability analysis for Silver Lake, focusing on: (1) assessing the water quality in Silver Lake based on updated physical, chemical and biological data; (2) improving understanding of current water-quality concerns in the lake; and (3) identifying best management practices to improve and protect the lake’s water quality and increase the likelihood of Silver Lake being removed from the state impaired waters list; WHEREAS the RPBCWD engineer prepared a feasibility report in December 2018 to assess options to further reduce phosphorus loading to and improve water quality in Silver Lake, and the engineer determined that construction of ditch checks with iron- enhanced sand in ravines upgradient of and tributary to Silver Lake would reduce loading of total phosphorus to Silver Lake by 2.6 to 4.7 pounds per year at an estimated annual cost of between $1,020 and $3,460 per pound; Riley-Purgatory-Bluff Creek Watershed District & City of Chanhassen Cooperative Agreement – Silver Lake Water Quality Project May 26, 2020 2 WHEREAS based on these findings and an assessment of potential tree and upland impacts from construction, the RPBCWD engineer recommended installation of ditch checks with iron-enhanced sand as the most efficacious and cost-effective conceptual design to address RPBCWD’s goals for Silver Lake; WHEREAS the optimal location of the ditch checks is a stream in a ravine that flows from Pleasantview Road to Silver Lake through Pleasant View Preserve, a park area owned by Chanhassen; WHEREAS further assessment of potential project approaches by the RPBCWD engineer in collaboration with RPBCWD and Chanhassen water-resources staff resulted in a final proposed design consisting of five ditch checks with iron-enhanced sand filtration and stabilization of the banks of a first-order stream in the Park, along with wetland restoration, to improve 0.3 acres of habitat (the Project), as shown and labeled as “Project Area” in Exhibit A, attached hereto and incorporated herein as a term of this agreement; WHEREAS after a duly noticed public hearing on September 4, 2019, and due consideration of the comments received, the RPBCWD Board of Managers ordered the Project on March 4, 2020; WHEREAS Chanhassen operates its stormwater-management system under the state Municipal Separate Storm Sewer System general permit, and construction and maintenance of the Project is intended to accrue to the benefit of Chanhassen’s fulfillment of its obligations under the MS4 permit; WHEREAS Chanhassen and RPBCWD acknowledge that their ability to achieve Project objectives depends on each party satisfactorily and promptly performing individual obligations and working cooperatively with the other party; and WHEREAS Minnesota Statutes section 471.59 authorizes Chanhassen and RPBCWD to enter this cooperative agreement. AGREEMENT NOW, THEREFORE Chanhassen and RPBCWD enter into this agreement to document their understanding of the scope of the Project, affirm their commitments as to the responsibilities of and tasks to be undertaken by each party, establish procedures for performing these tasks and carrying out these responsibilities, and facilitate communication and cooperation to successfully complete and subsequently operate and maintain the Project. Riley-Purgatory-Bluff Creek Watershed District & City of Chanhassen Cooperative Agreement – Silver Lake Water Quality Project May 26, 2020 3 1 Project Design, Construction and Maintenance The Project is defined and specified for purposes of this cooperative agreement as consisting of design and construction in accordance with the following: 1.1 DESIGN. RPBCWD has contracted with the RPBCWD engineer for the preparation of plan sheets, drawings and technical specifications for the implementation of the Project and will submit 90 percent complete plan sheets, drawings and technical specifications to Chanhassen for review and approval in accordance with paragraph 2.1 of this agreement. The plan sheets, drawings and technical specifications will serve as the primary technical specifications in the contract documents prepared in accordance with this subsection of this agreement for purposes of contracting for implementation of the Project. The preparation of all necessary construction documents for the Project will include: a. Erosion and sediment-control measures – temporary and permanent; b. Installation of streambank-stabilization measures; c. Delineation of wetland areas with the Project Area, and enhancement of vegetation in and drainage to the wetland; d. Completion of a tree inventory and development of a tree-protection and - replacement plan for Chanhassen’s approval; e. Grade control; f. Up to five iron-enhanced ditch checks at approximately the locations shown in Exhibit A; and g. Auxilliary and complementary elements. Construction documents for the Project will provide for one year of vegetative establishment, followed by a two-year warranty period on vegetation. 1.2 CONSTRUCTION. RPBCWD will contract for the implementation of the Project in accordance with applicable public-procurement law. The Project will be implemented by a contractor under contract to RPBCWD, with construction oversight and management by the RPBCWD engineer, under contract to RPBCWD. Construction will include advance determination and procurement of permits and other regulatory approvals necessary for the Project. 1.3 MAINTENANCE PLAN. In collaboration with Chanhassen, RPBCWD will develop a plan for the post-construction maintenance of the Project (the Maintenance Plan), as provided in paragraphs 3.2e and 4.2. The Maintenance Plan will identify routine maintenance and repair of the Project. The Maintenance Plan will articulate a process for funding and completing work required to maintain the effectiveness of or repair the Project that falls outside the scope of what is defined and specified by the Maintenance Plan as routine maintenance – i.e., major maintenance and repair of the Project. Riley-Purgatory-Bluff Creek Watershed District & City of Chanhassen Cooperative Agreement – Silver Lake Water Quality Project May 26, 2020 4 2 Chanhassen’s Specific Rights and Duties, and Grant of Access, Construction 2.1 Pursuant to paragraph 1.1 above, the RPBCWD engineer will timely submit 90 percent complete plan sheets, drawings and specifications for the Project to Chanhassen for review, comment and approval. Chanhassen will have 10 business days from the date of transmission to review, comment and approve the plan sheets, drawings and specifications. Chanhassen’s right to review and approve plan sheets, drawings and specifications will be reasonably exercised. If Chanhassen neither approves nor disapproves in the designated timeframe, the plan sheets, drawings and specifications will be deemed approved by the parties and for the purposes of this agreement. If either RPBCWD declines to modify the plan sheets, drawings and specifications for the Project as required to secure Chanhassen’s approval, or if Chanhassen disapproves the plans and specifications for the Project, this agreement will be rescinded and annulled, and all obligations herein, performed or not, will be voided. 2.2 By execution of this agreement, Chanhassen grants to RPBCWD, its contractors, agents and assigns a license to access and use that portion of the property legally described as Outlot C, the Summit at Near Mountain shown and labeled as the Project Area in Exhibit A for purposes of RPBCWD’s exercise of rights and fulfillment of its obligations under this agreement. Chanhassen’s grant of property-use rights hereunder is nonexclusive, except that RPBCWD, on 48 hours’ notice to Chanhassen, may temporarily restrict or preclude public access to the Project Area to ensure safety while construction activities are under way. Access to the Project Area will be restricted as briefly and infrequently as reasonably possible, and will be imposed only as necessary for Project access, construction and safety purposes. RPBCWD will respond within one business day to any communication from Chanhassen regarding closure of the Project Area. 2.3 On completion of construction of the Project, Chanhassen will retain ownership of Pleasant View Preserve and all installed and constructed elements of the Project. 2.4 Chanhassen will forbear from any activity, other than emergency activities, that interferes with the RPBCWD's ability to exercise its rights or meet its obligations under this agreement. Chanhassen will facilitate RPBCWD’s reasonable exercise of its rights under this agreement with regard to access to and use of the Project Area. Chanhassen will not take any action on, in or adjacent to the Project Area that could reasonably be expected to diminish the effectiveness or function of the Project for the purposes intended, and after notice of completion of construction of the Project from RPBCWD, Chanhassen will continue to operate and maintain Pleasantview Road and the Pleasant View Preserve in a manner that avoids inhibiting the operation and effectiveness of the Project. If Chanhassen transfers ownership of a fee interest in Pleasant View Preserve or any portion of Pleasant View Preserve improved by the Project during the term of this Riley-Purgatory-Bluff Creek Watershed District & City of Chanhassen Cooperative Agreement – Silver Lake Water Quality Project May 26, 2020 5 agreement, Chanhassen will require as a condition of sale and enforce a requirement that the transferee assume in writing Chanhassen’s obligations and responsibility under this agreement. 3 RPBCWD’s Specific Rights and Duties 3.1 As between the parties, RPBCWD will obtain all necessary permits, licenses and approvals for the Project on behalf of itself and Chanhassen, and will ensure that the Project is completed in accordance with applicable law and regulatory requirements. Chanhassen, as owner of Pleasant View Preserve, will cooperate with RPBCWD’s and its contractor’s efforts to obtain permits and approvals needed for the Project. Chanhassen, in its regulatory capacity, will facilitate the proper and efficient processing of any permits or approvals needed for the Project. 3.2 RPBCWD will implement the Project as follows: a. RPBCWD will contract with the RPBCWD engineer for the development of designs and plans for both the Project, along with the technical specifications and all other necessary bidding and construction documentation. Notwithstanding the foregoing, RPBCWD makes no warranty to Chanhassen regarding the RPBCWD engineer’s or another third party’s performance in designing or specifying the Project. b. RPBCWD will require that the contractor for the Project name Chanhassen as an additional insured with primary and noncontributory coverage for general liability and provide a certificate showing same prior to construction . RPBCWD will require that the contractor extend all product warranties and workmanship guaranties to Chanhassen. c. RPBCWD or the RPBCWD engineer on RPBCWD’s behalf will oversee the construction of the Project. RPBCWD may adjust the designs, plans and specifications for the Project during construction, as long as the revisions do not require RPBCWD to exceed the scope of the rights granted under this agreement. d. On completion of construction of the Project, RPBCWD will restore the Project Area to a safe and functional condition, consistent with its ongoing use for public recreational purposes, except to the extent Pleasant View Preserve is improved by the Project. RPBCWD will provide as-built construction drawings of the Project to Chanhassen within 90 days of certification of the Project as substantially complete for the intended purposes, along with notice of the date of substantial completion. e. RPBCWD will contract with the RPBCWD engineer for the development of the Maintenance Plan. The contract for the Maintenance Plan will require the Riley-Purgatory-Bluff Creek Watershed District & City of Chanhassen Cooperative Agreement – Silver Lake Water Quality Project May 26, 2020 6 RPBCWD engineer to provide the Maintenance Plan for approval by Chanhassen within one year of certification by a qualified engineer of the as- built construction drawings of the Project, such approval not to be unreasonably withheld. Notwithstanding, RPBCWD makes no warranty to Chanhassen regarding the RPBCWD engineer’s performance in completing the Maintenance Plan. 3.3 Until completion of construction of the Project, if RPBCWD, in its judgment, should decide that the Project is infeasible, RPBCWD, at its option, may declare the agreement rescinded and annulled. If RPBCWD so declares, all obligations herein, performed or not, will be voided, except that RPBCWD will return the Project Area materially to its prior condition or to a condition agreed to by Chanhassen and RPBCWD. 4 Maintenance 4.1 RPBCWD will contract with the RPBCWD engineer for and direct the development, in collaboration with Chanhassen, of a draft plan for the post-construction maintenance of the Project (the Maintenance Plan). The Maintenance Plan will delineate and distinguish routine operation, maintenance and repair of the Project from major maintenance and repair. 4.2 RPBCWD will convey the draft Maintenance Plan to Chanhassen for its approval. The draft Maintenance Plan will describe and specify routine maintenance of the Project. If Chanhassen does not approve the Maintenance Plan within 45 days of receipt of the draft, all maintenance and repair necessary to assure that the Project will continue to effectively function as designed will become the sole responsibility of Chanhassen. After approval of the Maintenance Plan, Chanhassen will perform routine maintenance of the Project, for no less than 20 years from the date the Project is substantially complete for its intended purposes. 4.3 After approval of the Maintenance Plan as provided in paragraph 4.2 and otherwise herein, at the request of Chanhassen, RPBCWD will duly consider levying and dedicating funds to major maintenance or repair of the project. 4.4 RPBCWD may from time to time conduct monitoring of the performance of the Project, and will share the results of the data to Chanhassen. 5 Cost Allocation and Credit-Sharing 5.1 Costs. Except as specified below, each party will bear the costs of fulfilling its responsibilities and performing its obligations under this agreement, as well as its internal, administrative and incidental costs. Neither party will be responsible for or will reimburse costs incurred by the other. Riley-Purgatory-Bluff Creek Watershed District & City of Chanhassen Cooperative Agreement – Silver Lake Water Quality Project May 26, 2020 7 5.2 Maintenance costs. Chanhassen will be responsible for costs of routine maintenance of the Project in accordance with the Maintenance Plan, except that RPBCWD will be responsible for the cost of materials and equipment for replacement of the iron-sand filter medium, the necessity for which will be jointly determined by Chanhassen and RPBCWD. Chanhassen will be responsible for cost of labor to replace the iron-sand filter medium. Further, RPBCWD will duly consider levying and dedicating maintenance funds for major maintenance of the Project. 5.3 Compliance credit. Stormwater-management or nutrient-reduction capacity created by the Project, if any, may be utilized by Chanhassen in accounting for compliance with its Municipal Separate Storm Sewer System permit or other regulatory obligations. Chanhassen will determine, at its cost, available credit from the Project. RPBCWD makes no representation or warranty as to credit that will be available from or results that will be achieved by the Project. 6 General Terms 6.1 INDEPENDENT RELATIONSHIP; LIABILITY. a. This agreement does not create a joint powers board or organization within the meaning of Minnesota Statutes section 471.59, and neither party agrees to be responsible for the acts or omissions of the other pursuant to subdivision 1(a) of the statute. Only contractual remedies are available for the failure of a party to fulfill the terms of this agreement. b. Chanhassen and RPBCWD enter this agreement solely for the purposes of improving water quality in Silver Lake. Accordingly, each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others or the results thereof. Minnesota Statatutes chapter 466 and other applicable law govern liability of each of the parties. The limits of liability for the parties may not be added together to determine the maximum amount of liability for either party. Notwithstanding the foregoing or any other provision of this agreement, Chanhassen’s and RPBCWD’s obligations under this paragr aph will survive the termination of the agreement. c. This agreement creates no right in and waives no immunity, defense or liability limitation with respect to any third party. d. Notwithstanding the foregoing, RPBCWD will not be deemed to have acquired by entry into or performance under this agreement, any form of interest or ownership in the Project Area. RPBCWD will not by entry into or performance under this agreement be deemed to have exercised any form of control over the use, operation or management of any portion of the Project Area or adjacent Riley-Purgatory-Bluff Creek Watershed District & City of Chanhassen Cooperative Agreement – Silver Lake Water Quality Project May 26, 2020 8 property so as to render RPBCWD a potentially responsible party for any contamination under state and/or federal law. 6.2 PUBLICITY AND ENDORSEMENT. Any publicity regarding the Project must identify Chanhassen and RPBCWD as the sponsoring entities. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for Chanhassen or RPBCWD individually or jointly with others, or any subcontractors, with respect to the Project. RPBCWD and Chanhassen may collaborate on the development of educational and informational signage pertinent to the Project, and each party, at its cost, may develop, produce and, after approval of the other party, distribute educational, outreach and publicity materials related to the Project. 6.3 DATA MANAGEMENT. All designs, written materials, technical data, research or any other work-in-progress will be shared between the parties to this agreement on request, except as prohibited by law. As soon as is practicable, the party preparing plans, specifications, contractual documents, materials for public communication or education will provide them to the other party for recordkeeping and other necessary purposes. 6.4 DATA PRACTICES. All data created, collected, received, maintained or disseminated for any purpose in the course of this agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes chapter 13, and any state rules adopted to implement the act, as well as federal regulations on data privacy 6.5 ENTIRE AGREEMENT. This agreement, as it may be amended in writing, contains the complete and entire agreement between the parties relating to the subject matter hereof, and supersedes all prior negotiations, agreements, representations and understandings, if any, between the parties respecting such matters. The recitals stated at the outset are incorporated into and made a part of the agreement. 6.6 WAIVERS. The waiver by Chanhassen or RPBCWD of any breach or failure to comply with any provision of this agreement by the other party will not be construed as nor will it constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this agreement. 6.7 NOTICES. Any notice, demand or communication under this agreement by either party to the other will be deemed to be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid to: Chanhassen RPBCWD Charlie Howley, Dir. Of Public Works Claire Bleser, District Administrator 7700 Market Blvd 18681 Lake Drive East Chanhassen, MN 55317 Chanhassen MN 55317 952-227-1168 952-607-6512 Riley-Purgatory-Bluff Creek Watershed District & City of Chanhassen Cooperative Agreement – Silver Lake Water Quality Project May 26, 2020 9 6.8 TERM; TERMINATION. This agreement is effective on execution by both parties and will terminate three years from the date of execution of th is agreement or on the written agreement of both parties. Any responsibility or obligation that has come into being before expiration, specifically including maintenance obligations under paragraph 4.2 will survive expiration. [signature page follows] Riley-Purgatory-Bluff Creek Watershed District & City of Chanhassen Cooperative Agreement – Silver Lake Water Quality Project May 26, 2020 10 IN WITNESS WHEREOF, the parties have executed this agreement. City of Chanhaseen, a statutory city and political subdivision of the State of Minnesota By ______________________ Date: ________________________ Elise Ryan Mayor By ______________________ Date: ________________________ Heather Johnston Interim City Manager RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT a watershed district and political subdivision of the State of Minnesota By _________________________ Date:______________________ Dick Ward President Approved as to form and execution By _____________________________ RPBCWD counsel Exhibit A Project Area Feasibility Report Silver Lake Subwatershed SiL_2 Water Quality Improvement Project Prepared for Riley Purgatory Bluff Creek Watershed District December, 2018 P:\Mpls\23 MN\27\2327053\WorkFiles\Task Orders\_TO_24_SilverLakeWQBMP\106_Memo\FINAL\TO24_FeasibilityReportSilverLakeWQBMP.docx i Feasibility Report Silver Lake Subwatershed SiL_2 Water Quality Improvement Project December, 2018 Contents Executive Summary ....................................................................................................................................... 1 1.0 Context and Goals for this Ecological Enhancement Plan ................................................. 3 1.1 Vision, Approach and SiL_2 Project Goals ........................................................................... 6 1.2 Silver Lake Water Quality Goals and Current Lake Conditions .................................... 8 2.0 Existing Conditions ....................................................................................................................... 10 2.1 Silver Lake Watershed and Lake Description .................................................................. 10 2.2 Project Area Watershed .......................................................................................................... 12 2.3 Vegetation.................................................................................................................................... 14 2.4 Site Erosion .................................................................................................................................. 14 3.0 Preliminary BMP Screening ........................................................................................................ 15 3.1 Non-Proprietary Devices ........................................................................................................ 15 3.2 Pre-Fabricated Devices ............................................................................................................ 16 3.3 Preliminary BMP Screening Summary ............................................................................... 16 4.0 Evaluated Best Management Practices .................................................................................. 22 4.1 Iron-Enhanced Filtration Basin ............................................................................................. 22 4.2 Ditch Checks with Iron-Enhanced Sand ............................................................................ 23 4.3 Modular Wetland Systems (MWS) – BioClean ................................................................ 24 4.4 Kraken Filter ................................................................................................................................. 25 4.5 StormTree ..................................................................................................................................... 26 5.0 Conceptual Design Alternatives ............................................................................................... 27 5.1 Conceptual Design 1 – Iron Enhanced Sand Basin with Underdrain ...................... 27 5.1.1 Anticipated Water Quality Improvements ................................................................... 28 5.1.2 Engineer’s Opinion of Probable Cost ............................................................................. 29 ii 5.1.3 Wetland and Upland Impacts ........................................................................................... 30 5.1.4 Regulatory Approval ............................................................................................................ 31 5.1.5 Affected Property Owners ................................................................................................. 31 5.2 Conceptual Design 2 – Ditch Checks with Iron Enhanced Sand .............................. 34 5.2.1 Anticipated Water Quality Improvements ................................................................... 34 5.2.2 Engineer’s Opinion of Probable Cost ............................................................................. 35 5.2.3 Wetland and Upland Impacts ........................................................................................... 36 5.2.4 Regulatory Approval ............................................................................................................ 36 5.2.5 Affected Property Owners ................................................................................................. 36 5.3 Conceptual Design 3 – Linear Modular Wetland System (BioClean) ...................... 38 5.3.1 Anticipated Water Quality Improvements ................................................................... 38 5.3.2 Engineer’s Opinion of Probable Cost ............................................................................. 39 5.3.3 Wetland and Upland Impacts ........................................................................................... 39 5.3.4 Regulatory Approval ............................................................................................................ 40 5.3.5 Affected Property Owners ................................................................................................. 40 5.4 Conceptual Design 4 – Kraken Filter (BioClean) ............................................................. 42 5.4.1 Anticipated Water Quality Improvements ................................................................... 42 5.4.2 Engineer’s Opinion of Probable Cost ............................................................................. 43 5.4.3 Wetland and Upland Impacts ........................................................................................... 43 5.4.4 Regulatory Approval ............................................................................................................ 44 5.4.5 Affected Property Owners ................................................................................................. 44 5.5 Conceptual Design 5 – StormTree (StormTree) .............................................................. 46 5.5.1 Anticipated Water Quality Improvements ................................................................... 46 5.5.2 Engineer’s Opinion of Probable Cost ............................................................................. 47 5.5.3 Wetland and Upland Impacts ........................................................................................... 47 5.5.4 Regulatory Approval ............................................................................................................ 48 5.5.5 Affected Property Owners ................................................................................................. 48 6.0 Conceptual Design Summary .................................................................................................... 50 7.0 Schedule of Activities ................................................................................................................... 52 8.0 Agreements ..................................................................................................................................... 53 iii 9.0 Financing & Work Plan ................................................................................................................ 54 10.0 Recommendation .......................................................................................................................... 56 11.0 References ........................................................................................................................................ 57 List of Tables Table 1-1 Silver Lake estimated load reductions required to meet TP water quality goal for 2015 water year(1) .............................................................................................. 9 Table 2-1 Silver Lake physical parameters .................................................................................. 11 Table 3-1 Non-Proprietary BMP Evaluation Matrix ................................................................. 17 Table 3-2 Pre-fabricated BMP Evaluation Matrix ..................................................................... 19 Table 5-1 Total phosphorus removal by ravine stabilization ............................................... 29 Table 5-2 Total phosphorus removal by Conceptual Design 1 ........................................... 29 Table 5-3 Total phosphorus removal by Conceptual Design 2 ........................................... 35 Table 5-4 Total phosphorus removal by Conceptual Design 3 ........................................... 39 Table 5-5 Total phosphorus removal by Conceptual Design 4 ........................................... 43 Table 5-6 Total phosphorus removal by Conceptual Design 5 ........................................... 47 Table 6-1 Summary of Silver Lake subwatershed, Sil_2, water quality management projects ................................................................................................................................ 50 Table 8-1 Summary of Anticipated Agreements ...................................................................... 53 Table 9-1 Potential Activities Defined in Cooperative Agreement .................................... 55 Table 9-2 Anticipated Primary Points of Contact ..................................................................... 55 iv List of Figures Figure 1-1 Silver Lake watershed and flow patterns ................................................................... 5 Figure 1-2 Proposed BMP Location for Silver Lake, SiL_2 ......................................................... 7 Figure 2-1 BMP Location Alternatives ............................................................................................ 12 Figure 2-2 Tributary Drainage Area ................................................................................................ 13 Figure 2-3 Site Vegetation ................................................................................................................. 14 Figure 2-4 Ravine Erosion ................................................................................................................... 14 Figure 4-1 Photographs of iron-enhanced sand filtration system ...................................... 22 Figure 4-2 Schematic of an iron-enhanced swale ditch check ............................................. 23 Figure 4-3 Schematic of the Modular Wetland System filtration chamber ...................... 24 Figure 4-4 Schematic of the Linear Modular Wetland System with curb inlet ............... 25 Figure 4-5 Schematic of the Kraken Filter .................................................................................... 25 Figure 4-6 Schematic of the StormTree device with inlet entry and pre-treatment sump ..................................................................................................................................... 26 Figure 5-1 Conceptual Design 1: Iron Enhanced Sand Filter ................................................. 33 Figure 5-2 Conceptual Design 2: Ditch Checks with Iron-Enhanced Sand ....................... 37 Figure 5-3 Conceptual Design 3: Linear Modular Wetland System .................................... 41 Figure 5-4 Conceptual Design 4: Kraken Filter ........................................................................... 45 Figure 5-5 Conceptual Design 5: StormTree ............................................................................... 49 Figure 7-1 Potential Schedule of Activities .................................................................................. 52 List of Appendices, Attachments, or Exhibits Appendix A Engineer’s Opinion of Probable Cost v Certifications I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. December 5, 2018 Scott Sobiech PE #: 41338 Date December 5, 2018 Brandon Barnes PE #: 49540 Date 1 Executive Summary This study was completed to evaluate proposed actions within subwatershed Silver_Lake, SiL_2 to improve the water quality in Silver Lake, located in the city of Chanhassen, Minnesota. The site was identified in the 2017 UAA as a location for a BMP to reduce the phosphorus loading to Silver Lake. This site presents several design and maintenance challenges including, but not limited to, drainage patterns, tree canopy, and topography. Five best management practices (BMPs), in conjunction with the stabilization of an existing ravine to Silver Lake, were identified that would minimize site impacts (both wetland and upland), could be constructed primarily on publically owned property, and have comparably low maintenance costs. BMPs evaluated included both proprietary and non-proprietary BMPs including: non-proprietary BMPs  Ditch checks with iron-enhanced sand  Iron-enhanced filtration basin with underdrain proprietary BMPs  Modular Wetland Systems (MWS) – BioClean (or similar)  Kraken Filter – BioClean  StormTree – StormTree (or similar) An evaluation for each BMP was completed which considered water quality benefits, regulatory approvals, affected property owners, wetland and upland impacts, and cost to construct and maintain. Location of proposed water quality BMP Eroded ravine downstream of road drainage Site within Purgatory watershed 2 Based on the results of the evaluation, potential upland, wetland, and tree impacts, as well as the cost per pound of phosphorous removed, a combination of ditch checks with iron-enhanced sand and ravine stabilization are feasible BMPs for the site. The recommended iron-enhanced ditch checks, in conjunction with the ravine stabilization, minimize adverse impacts and erosion potential to natural resources in the area and will help improve and protect the water quality in Silver Lake. The results indicate the BMPs would reduce the phosphorus loading to Silver Lake by 2.6 to 4.7 pounds annually costing about $1,640 (ranging from $1,020 to $3,460) per pound of phosphorus removed when long-term maintenance is considered over a 30 year period. The engineer’s opinion of probable cost for the design, permitting, and construction of iron-enhanced ditch checks and ravine stabilization is estimated at $122,000 with a potential range of $98,000 to $183,000 based on the feasibility level of design. Water quality BMPs require ongoing maintenance and operation to provide the intended water quality benefits. As additional site-specific information (e.g., soil borings) becomes available in the next stage of design, the proposed configuration, cost, performance of the iron-enhanced ditch checks, number trees affected, and maintenance considerations could change. The District will also need to collaborate closely with the city of Chanhassen to ensure long-term maintenance of the project. Of the five BMPs evaluated, ditch checks with iron-enhanced sand have the lowest annualized cost per pound of phosphorus removed. 3 1.0 Context and Goals for this Ecological Enhancement Plan This report summarizes the proposed actions within subwatershed Silver_Lake, SiL_2 to improve the water quality in Silver Lake, located in the city of Chanhassen, Minnesota. Figure 1-1 illustrates the Silver Lake watershed and drainage patterns of SiL_2 and the contributing subwatersheds. This report is prepared under the direction of the Board of Managers of the Riley-Purgatory-Bluff Creek Watershed District. The Riley-Purgatory-Bluff Creek Watershed District (RPBCWD or District) was established by the Minnesota Water Resources Board in 1969, acting under authority of the Watershed Law. As charged by the law and the order establishing the District, the general purpose of the District is to protect public health and welfare and to provide for the provident use of natural resources through planning, flood control, and conservation projects. The District is located in the southwestern portion of the Twin Cities Metropolitan Area, encompassing an area of nearly 50 square miles. There are three major subwatersheds within the District—Riley Creek, with a watershed area of 10.0 square miles; Purgatory Creek (31.4 square miles), and Bluff Creek (5.9 square miles). All three creeks discharge to the Minnesota River. Stormwater management and development were guided by the District’s 1973 Overall Plan, revised in May 1996 and February 2011 in accordance with the Metropolitan Surface Water Management Act and Watershed Law (Minnesota Statutes Chapters 103B and 103D). In 2013 the District completed a major amendment to the 2011 Plan. This was approved by the Board of Water and Soil Resources (BWSR) in early 2014 and is the current guiding document of the District (the Plan). The Lotus, Silver, Duck, Round, Mitchell, Red Rock use attainability analysis (UAA) was prescribed by the 1996 Riley-Purgatory-Bluff Creek Watershed District Water Management Plan. The Silver Lake UAA was updated in March 2017 as part of the Lotus, Silver, Duck, Round, Mitchell, Red Rock Use Attainability Analysis Update; Lake Idlewild and Staring Lake Use Attainability Analysis; and Lower Purgatory Creek Stabilization Study and includes recommended remedial measures to improve the water quality (Barr Engineering, 2017). 4 The UAA provides the scientific foundation for lake-specific management plans that will preserve existing—or achieve potential—beneficial uses of the lakes. The UAA is a structured, scientific assessment of the factors affecting attainment of a beneficial use under both current and ultimate watershed development conditions. “Use Attainment” refers to achievement of water quality conditions that support lake-specific uses such as swimming, fishing, wildlife habitat, and aesthetic viewing. The 2017 UAA Update was completed with the goal of: (1) assessing the water quality of major lakes in the Purgatory watershed based on more recent physical, chemical, and biological data, (2) improving the understanding of current water quality concerns in the lakes, and (3) identifying best management practices (BMPs) to improve and protect the lakes’ water quality and increase the likelihood of them being removed from the Minnesota Pollution Control Agency’s (MPCA) list of impaired waters list for excess nutrients. The overarching purpose of the UAA update was to identify and evaluate BMPs that can be implemented to improve and/or protect the lakes’ water quality and achieve the long-term vision of sustainable uses, as outlined in the District’s Plan. The District’s Plan articulates the long -term vision of sustainable uses for each of its water bodies. Achieving this vision will result in:  Waters dominated by diverse native fish and plant populations.  Lakes with water clarity of 2 meters or more.  Delisting of half of all impaired (303d) lakes or stream reaches.  An engaged and educated public and scientific community that participates in adaptive management activities.  Regulatory recommendations necessary for municipal, county, and state authorities to sustain the achieved conditions. !N SILVER LAKE WATERSHED AND FLOW PATTERNS SL-5 SL-6 SL-4 SL-7 SL-8 Silver_Lake SL-1b SL-1c SL-1a SL-3b SL-3a SL-2 Barr Footer: I:\Client\RPBC_WD\Work_Orders\2017_TO24_SilverLakeWOBMP\Maps\Figure XX_SilverLake_BasinBMP.mxd User: HNH FIGURE 1-1 Riley Purgatory Bluff Creek Watershed District ^_Potential BMP Location Flow Directions Silver Lake Subwatersheds Purgatory Creek Watershed Storm Sewer Municipal Boundaries 0 440 880 1,320 1,760220Feet Purgatory Creek Riley CreekBluff Creek ^_ Shorewood Minnetonka Eden PrairieChanhassen 6 1.1 Vision, Approach and SiL_2 Project Goals The 2017 UAA update identified the Silver Lake subwatershed SiL_2 as a targeted location within the Silver Lake watershed to reduce the phosphorus loading and improve the water quality of Silver Lake. The UAA indicates that runoff from approximately 13.5 acres drains through the location of the potential stormwater treatment system. The UAA suggests that an iron enhanced sand filtration system treating discharge from Pleasantview Road and Ridge Road would be approximately 0.4 acres at the surface with the potential to reduce the annual phosphorus loading to Silver Lake by 6.3 pounds. The UAA suggests a cost-benefit of about $4,530 per pound of TP removed, assuming the BMP functions for 30 years. Figure 1-2 shows the location of the proposed iron-enhanced sand BMP in the UAA report. The District ordered this feasibility study to evaluate the viability of constructing a BMP to treat runoff from Pleasantview Road and Ridge Road, and to identify if an iron enhanced sand filtration system would be the preferred BMP for the site. This study evaluates the feasibility of other stormwater BMPs, as well. Estimated total phosphorus removals and engineer’s opinion of project costs were determined for five feasible BMPs. !N PROPOSED BMP LOCATION FOR SILVER LAKE, SiL_2 90010009301 0 1 0 9001010910 10101000990 950 990900 940 9801 0 1 0 970990960950990 9401000 910 930920900940950960910970960950940970980 9809 2 0 930Barr Footer: I:\Client\RPBC_WD\Work_Orders\2017_TO24_SilverLakeWOBMP\Maps\Figure XX_SilverLake_BasinBMP.mxd User: HNH FIGURE 1-2 Riley Purgatory Bluff Creek Watershed District Pleasantview Road Silver Lake Fox Path RoadUAA Drainage Area to BMP Approximate BMP Location National Wetland Inventory Delineation Hennepin County 2011 Contours (NGVD29) 10-Foot Contour 2-Foot Contour 0 110 220 330 44055Feet Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Existing RavineRidge Road 8 1.2 Silver Lake Water Quality Goals and Current Lake Conditions The MPCA lake eutrophication criteria establish water quality standards for lakes based on total phosphorus, chlorophyll a, and Secchi disc transparency ( Minnesota Pollution Control Agency, 2017). The standards are based on the geographic location of the water body (and associated ecoregion) and its depth (shallow vs. deep lakes). The growing season average Total Phosphorus (TP) concentration (115 µg/L) for Silver Lake based on measurements collec ted by RPBCWD consistently failed to meet the MPCA water quality standards. The most recent growing -season average TP concentration in year 201 7 was calculated as 58 µg/L which is the only year that meets the MPCA goal of ≤60 µg/L, and the lowest growing season average concentration on record since concentrations were recorded beginning in 1996. The next lowest growing season average was 72 µg/L in 2011. TP concentrations reached a maximum value of 21 5 µg/L in 2000. Historically Chl -a concentrations in Silver Lake have exceeded the District goal of 20 µg/L every year on record (Barr Engineering, 2017). The 2015 growing season average concentrations was 36 µg/L, this was lowest value on record. The highest average value recorded was 220 µg/L in 2000. Historical Secchi depths in Silver Lake have not achieved the MPCA goal of ≥1.0 meter. The only growing season average on record to meet the MPCA goal for Secchi depth was in 201 7 and was 1.72 meters. This was the highest (best) value on record. The lowest (worst) value calculated was 0.22 meters in 2000. An in-lake model was used to determine TP load reductions needed to meet the water quality goal for Silver Lake. Table 1-1, from the UAA, shows the measured and modeled growing season average (June – September) concentration, the TP load to the lake under existing conditions, the water quality goal, the TP loading capacity for meeting the water quality standard, and the required percent reduction needed to meet the TP goal (Barr Engineering, 2017). Under existing conditions, Silver Lake is not meeting the MPCA’s water quality goal for a shallow lake of 60 µg/L. Modeled and measured growing season average concentrations in the lake surfaces waters for the 2015 water year was 91 µg/L and 85 µg/L respectively. The estimated TP load under existing conditions was 214 pounds for the 2015 water year. To achieve the TP goal the load to Silver Lake would need to be reduced to 179 pounds, resulting in a 16% TP load reduction. 9 Table 1-1 Silver Lake estimated load reductions required to meet TP water quality goal for 2015 water year(1) Measured growing season average TP concentration (µg/L) Modeled growing season average TP concentration (µg/L) Estimate 2015 TP loading rate (lbs/yr) TP concentration goal (µg/L) Estimated Loading Capacity to meet WQ goal (lbs/yr) Percent reduction needed to achieve goal (%) 85 91(2) 214 60 179 16% Note(s): (1) Values cited from the Lotus, Silver, Duck, Round, Mitchell, Red Rock Use Attainability Analysis Update (Barr Engineering, 2017) (2) Volumetric average concentration for entire water column 10 2.0 Existing Conditions 2.1 Silver Lake Watershed and Lake Description Silver Lake is one of two headwater lakes to Purgatory Creek. Silver Lake li es mostly within the boundaries of the city of Shore wood with the southern part of the watershed in the city of Chanhassen. The watershed area contributing runoff to Silver Lake is 407 acres including the lake surface area of 71 acres (Figure 1-1). The majority of the Silver Lake watershed is covered by single family detached residential land use (72%) (Barr Engineering, 2017). Single family detached residential classification has approximately 35% total impervious area and 20% directly connected impervious area . Table 2-1 provides a summary of the physical characteristics for Silver Lake. Silver Lake has an open-water surface area of approximately 71 acres. The lake is shallow, with a maximum depth of approximately 14 feet and mean depth of approximately 5 feet. The lake area, depth, and volume depend on the water level of the lake, which has been observed to vary between a high measurement of 901.03 feet (2012) to a low measurement of 894.78 feet (1972). Since 2011 water levels in Silver Lake have averaged 899.3 feet. The outlet of Silver Lake is a control structure that feeds into Purgatory Creek with a control elevation of 898.54. At the average water elevation of 899.3 feet the total water volume in Silver Lake is 190 acre-ft. 11 Table 2-1 Silver Lake physical parameters Lake Characteristic Silver Lake Lake MDNR ID 27-0136-00 MPCA Lake Classification None Water Level Control Elevation (feet) 898.54 Average Water Elevation (feet) (1) 899.3 Surface Area (acres) 71 Mean Depth (feet) 5 Maximum Depth (feet) 14 Littoral Area (acres) 71 Volume (at normal water elevation) (acre-feet) 190 Thermal Stratification Pattern polymictic Estimated Residence Time (years) – 2014-2015 climatic Conditions 0.9 Total Watershed Area 407(2) Subwatershed Area (acres) 407(2) Trophic Status Based on 2015 Growing Season Average Water Quality Data Hypereutrophic Note(s): (1) Average water elevation 1911-2015. (2) Watershed area includes surface area of lakes. 12 2.2 Project Area Watershed The 2017 UAA estimated the drainage area to the proposed BMP in the SiL_2 subwatershed to be 13.5 acres. During this feasibility study, the drainage area was refined. The drainage area tributary to the proposed BMP varies between 6.6 and 11.1 acres depending on the location of the BMP. Figure 2-1 illustrates how the location of the BMP affects the contributing drainage area, as indicated by the yellow delineated watershed. A BMP located along Pleasantview Road does not receive drainage from the wooded area to the north near Silver Lake (A.). A BMP located within the ravine will receive additional drainage west of the ravine (B.). A BMP located near the ravine with an inlet along Pleasantview Road will receive additional drainage to the east (C.). Figure 2-1 BMP Location Alternatives A high-level comparison of the drainage area based on the BMP location is shown in Figure 2-2. Depending on the BMP location, the total phosphorus loading and resulting total potential load, may be less than estimates in the UAA. The land use classification of the SiL_2 watershed is mostly single family residential detached with approximately one- third or one-quarter of the watershed consisting of preserve or wetland (depending on BMP location). A. BMP by Pleasantview Road B. BMP in ravine C. BMP east of ravine !N TRIBUTARY DRAINAGE AREA Fox Path RoadPleasantview Road Ridge Road9009301 0 1 0 9001010910 10101000990 950 990980940 900 9701010960990 9509409909009301000920910940950910960970960950940970980980 920930Barr Footer: ArcGIS 10.4.1, 2018-01-16 11:58 File: I:\Client\RPBC_WD\Work_Orders\2017_TO24_SilverLakeWOBMP\Maps\Figure 3-1_WatershedUpdates.mxd User: EMA FIGURE 2-2 Riley Purgatory Bluff Creek Watershed District Silver Lake Drainage Area to BMP Additional Drainage Area to BMP Located in Ravine Approximate BMP Location National Wetland Inventory Delineation Hennepin County 2011 Contours (NGVD29) 10-Foot Contour 2-Foot Contour 0 110 220 330 44055Feet Existing Ravine Drainage Area to BMP: 6.6 - 11.1 acres 14 2.3 Vegetation The project site consists of dense herbaceous vegetation with a tree canopy of patchy oak/mixed-hardwood. There is a steep slope off Pleasantview Road (B. in Figure 2-3) down to the start of an eroded ravine which drains to Silver Lake. The depressed area (A. in Figure 2-3) surrounding the ravine is relatively flat and well-vegetated. Figure 2-3 Site Vegetation 2.4 Site Erosion The banks and sides of the existing ravine are eroded, exposing tree roots and silty soil (A. in Figure 2-4). The ravine substrate consists of mainly gravel and sand at the upstream end, shifting to mainly sand and silt at the flatter, downstream end near Silver Lake (B. in Figure 2-4). Runoff reaches the ravine by flowing to a low point along Pleasantview Road where it overtops and flows down the steep road bank and enters the ravine (C. in Figure 2-4). These characteristics of the existing ravine result in additional TP and TSS loading above the estimated watershed load. Figure 2-4 Ravine Erosion A. Project site looking north from Pleasantview Road B. Project site looking south up to Pleasantview Road A. Ravine erosion at upstream end near Pleasantview Road B. Ravine erosion at downstream end near Silver Lake C. Low spot along Pleasantview Road where runoff enters ravine 15 3.0 Preliminary BMP Screening Selection of feasible stormwater BMPs occurs by considering a holistic approach that accounts for unique site constraints, operation and maintenance, environmental concerns, effectiveness, and overall cost. When evaluated individually, there may be several BMPs that meet that meet the recommendations from the UAA. However, when multiple potential BMPs are compared, more feasible options may be identified. The first step to identify feasible BMPs for the Sil_2 watershed was to complete a high-level qualitative screening. The screening compares several BMPs based on site specific requirements including minimizing site impacts (both wetland and upland), could be constructed primarily on publically owned property, and have comparably low maintenance costs. In this analysis, six non-proprietary treatment devices (Table 3-1) and ten pre-fabricated treatment devices (Table 3-2) were identified as part of this initial high-level screening. The tables list each BMP considered and summarize associated performance, estimated footprint, maintenance, design concerns, and schematic. Devices which were similar in design and approach were grouped together and are summarized in Table 3-1 and Table 3-2. The differences between treatment devices presented in the tables were used to identify five potentially feasible BMPs for the site, which are listed below and highlighted in green in Table 3-1 and Table 3-2. BMPs that were not identified for further evaluation are highlighted in red. 3.1 Non-Proprietary Devices For this evaluation, a non-proprietary BMP is defined as a BMP that a contractor could construct without purchasing a pre-fabricated system from a third party manufacture. Examples of non-proprietary BMPs are iron enhanced sand filtration, infiltration, woodchip bioreactors, and biofiltration. Both proprietary and non-proprietary options were considered. Two BMPs were identified based on nutrient reduction performance, device footprint and site constraints, and maintenance requirements. The most feasible non-proprietary BMPs for the site are listed below.  Iron-enhanced filtration basin with underdrain  Ditch checks with iron-enhanced sand 16 3.2 Pre-Fabricated Devices In addition to non-proprietary devices, ten different pre-fabricated treatment devices were also considered. The differences between treatment devices presented in Table 3-2 were used to identify the following three potentially feasible pre-fabricated BMPs for the site.  Modular Wetland Systems (MWS) – BioClean (or similar)  Kraken Filter – BioClean  StormTree – StormTree (or similar) 3.3 Preliminary BMP Screening Summary The following five BMPs were identified for further evaluation. The BMPs selected include both pre-fabricated devices as well as non-propriety BMPs:  Iron-enhanced filtration basin with underdrain  Ditch Checks with iron-enhanced sand  Modular Wetland Systems (MWS) – BioClean (or similar)  Kraken Filter – BioClean  StormTree – StormTree (or similar) Each potential BMP identified was further evaluated to identify the anticipated nutrient removal, and identify a system that would fit within city-owned parcels, maximize TP reduction, minimize project cost, and minimize site impacts. Each conceptual design is discussed in Section 4.0. 17 Table 3-1 Non-Proprietary BMP Evaluation Matrix Device Name Description Average Performance and Features Approximate Device Footprint for Sil_2 Watershed Typical Maintenance Design Concerns Schematic Woodchip Bioreactor1 A woodchip bioreactor routes drainage through a buried trench filled with woodchips. Woodchip bioreactors can be used in conjunction with a high flow bypass for large storm events. Woodchip bioreactors require 12 hours of contact time before leaving the system. TP Removal: 53-79% TN Removal: 15-60% (Nitrate) Research of TP performance is still on- going. 40,000 sf to treat 2.0 cfs5 flowrate. Periodic inspection of inlet and outlet structures and occasional addition of woodchip material to maintain the design depth of the bioreactor. Approximately 10+ year lifespan of woodchip media. Research for nutrient removal performance is still on-going. Long contact time (+12 hr) results in very large footprint. Construction of trench for woodchip bioreactor. Photograph from presentation ”Anaerobic Woodchip Bioreactors Under Minnesota Conditions,” courtesy of Andy Ranaivoson, University of Minnesota Woodchip Bioreactor in combination with upstream placed iron-enhanced phosphorus filter2 Adding an upstream phosphorus filter to a woodchip bioreactor in a separate chamber can increase TP reduction. TP Removal: 88% TN Removal:15-60% Research of TP performance is still on-going. 40,000 sf to treat 2.0 cfs5 flowrate. Periodic inspection of inlet and outlet structures and occasional addition of woodchip material to maintain the design depth of the bioreactor. Approximately 10+ year lifespan of woodchip media. Research for nutrient removal performance is still on-going. Long contact time (+12 hr) results in very large footprint. See photo above Biofiltration/ Bioretention basin with underdrain Planting soil engineered media with sand trench and draintile. Pre- treatment sump can be used upstream of basin. TP Removal: 44% TN Removal: 50% TSS Removal: 80% 9,500 sf to capture 1.1 inches off the watershed impervious area. Maximum above ground storage depth of 1.0 ft. Pruning and weeding as needed. Stabilize and replace mulch as needed. Remove sediment from pre-treatment systems annually. Clean out of the underdrain system as needed. Larger footprint than pre-fabricated devices considered. Lower removal efficiencies for nutrients than other pre-fabricated devices, iron- enhanced filters, and spent lime filters. May be difficult to establish desired vegetation, requiring more O&M relative to an IES basin. Bioretention rain garden at American Legion, Roseville, MN. Designed by Barr Engineering. Iron-Enhanced Sand (IES) Filter with underdrain Iron-enhanced sand media with draintile. Pre-treatment sump can be used upstream of basin. TP Removal: 77% TN Removal: 35% TSS Removal: 85% 2,800-15,400 sf for 22-33 min contact time and 2 cfs5 flowrate. Periodic inspection of inlet and outlet structures, clean out of the underdrain system, and occasional addition of filtration media to maintain the design depth of media. Approximately 35 year lifespan of media. IES ditch checks must drawdown completely so as not to go anoxic. Potential to go anoxic and must be accounted for in the design to prevent the release of phosphorus. Larger footprint than pre-fabricated devices considered. Iron enhanced sand filter basin, Maplewood, MN. Designed by Barr Engineering. 18 Device Name Description Average Performance and Features Approximate Device Footprint for Sil_2 Watershed Typical Maintenance Design Concerns Schematic Spent Lime Filter with underdrain3 Spent Lime filter media with draintile. Pre-treatment sump can be used upstream of basin. TP Removal: 65% Research of TP removal performance is still on-going. 2,200-3,100 sf for 5-15 min contact time and 2 cfs5 flowrate. Routine inspection of inlet and outlet structures, annual mixing of the lime material to maintain porosity and hydraulic conductivity, and occasional addition of spent lime to maintain the design depth of media. Clean out of the underdrain system as needed. Long lifespan of media. Research for nutrient removal performance is still on-going. Larger footprint than pre-fabricated devices considered. Lake Susan Spent Lime filter in Chanhassen, MN. Designed by Barr Engineering. Ditch Checks with Iron-Enhanced Sand4 Ditch checks along existing ravine with IES embedded within. High flows will move over ditch checks without dislodging media. TP Removal: 30-50% TN Removal: 35% TSS Removal: 85% Research of performance is still on- going. 4,500-25,000 sf for 22-33 min contact time and 3.2 cfs5 flowrate. Total required area will be divided by the number of ditch checks used. Periodic inspection of ditch checks and occasional addition of filtration media to maintain the design depth of media. Approximately 35 year lifespan of media. IES ditch checks must drawdown completely so as not to go anoxic. Potential to go anoxic and must be accounted for in the design to prevent the release of phosphorus. Research of performance is still on-going. Potential to be located within a delineated wetland. Construction of an iron-enhanced ditch check from presentation “Iron-enhanced Ditch Checks in Roadside Drainage Ditches Can Mitigate Runoff,” courtesy of Poornima Natarajan, University of Minnesota 1 - Christianson, Laura E. and Helmers, Matthew J., "Woodchip Bioreactors for Nitrate in Agricultural Drainage" (2011). Agriculture and Environment Extension Publications. 85. 2 - Christianson, Laura E. and Lepine, C., "Denitrifying woodchip bioreactor and phosphorus filter pairing to minimize pollution swapping" (2017). Water Research. 3 - Barr Engineering. (2014). Lake Susan Subwatersheds LS-2.4/LS-2.12 Water Quality Improvement Project. 4 - Erickson, A., Gulliver, J., & Weiss, P. (2012). Capturing phosphates with iron enhanced sand filtration. Water Research. 5 – The approximate 1-year peak runoff rate from the Sil_2 watershed ranges from 2 cfs with a 6.64 acre drainage area to 3.2 cfs with an 11.1 acres drainage area. 19 Table 3-2 Pre-fabricated BMP Evaluation Matrix Device Name and Manufacturer Description Average Performance and Features Approximate Device Footprint Typical Maintenance Design Concerns Schematic Modular Wetland Systems (MWS) BioClean Nutrimax Engineered Wetlands BioFilter Suntree FocalPoint Biofiltration Systems Construction Eco Services These devices are stormwater treatment systems consisting of biofiltration via horizontal flow. Flow can enter system via a curb inlet. System has a pre-treatment cartridge and overflow pipe for large events. An open bottom for infiltration is possible. TP Removal: 60-87%1 Hydrocarbons: 90%1 TSS Removal: 80-90%1 OP Removal: 67%1 TN Removal: 47%1 Concrete-lined vault may range from 4-8'W x 15-16'L x 2-5' D. Device can have open bottom for infiltration purposes. Can treat maximum flow rates ranging from 0.175 - 0.462 cfs. Clean pre-treatment chamber by hand or with a standard vacuum truck. Only periodic replacement of media in the pre-filter cartridges is required for long term operation. No need to routinely replace or maintain biofiltration media. Low maximum allowable flow rate through system could prevent treatment of high volume storms. Installation along road may be infeasible due to width requirements, and existing topography north of the road. Proprietary media is more expensive than locally sourced media. Concrete structure is additional construction cost. Kraken Filter BioClean Underground vault with a pre- treatment chamber. Treatment occurs through membrane cartridges. This stormwater treatment device can treat high flows with the option of high flow bypass. Drain down eliminates standing water in the system. TP Removal: > 50%2 TSS Removal: 89%2 Metals Removal: > 50%2 TPH Removal: 90%2 Trash Removal: 99%2 Concrete-lined vault approximately 8’W x 16'L x 6'D Contains 97-114 cartridges. Can treat a maximum flow rate of 2.88 cfs. No granular media to replace. Membrane filter cartridges can be removed and cleaned by hand with a hose. Maintenance consists of removing debris from the pre-treatment sump with a standard sump vacuum or vactor truck. Installation adjacent to road may be infeasible given width requirements. Device must be buried making sure to allow for sufficient elevation to drain BMP to nearby ravine. Higher construction and maintenance cost than non-prefabricated BMPs. Filters must be replaced every few years. Device is not visible - no educational or aesthetic component. Up-Flo® Filter Hydro International StormFilter Contech Perk Filter™ Kristar SorbtiveFilter Imbrium Stormwater treatment structures that house rechargeable, media- filled cartridges, trapping particulates and absorbing pollutants. Stormwater enters a cartridge, percolates horizontally through the cartridge’s filter media and collects in the center tube before exiting the system. Often the filtration unit is preceded by a pre-treatment sump and has options for high flow bypass. TP Removal: 60-82%3,4,5 TSS Removal: 80-98%3,4,5 TN Removal: 50%5 Concrete-lined vaults may range from approximately 8- 10'W x 16-24'L x 3-5'D. Can treat maximum flow rates ranging from 1.2 - 3.75 cfs. Maintenance consists of removing debris from the pre-treatment sump with a standard sump vacuum or vactor truck. Replacement of cartridges is needed approximately once per year. No heavy- lifting equipment is required. Requires multiple feet (> 2.0 ft.) of head between inlet and outlet of system. Head differential between inlet and outlet may be too large to discharge to nearby ravine. Installation adjacent to road is infeasible given width requirements. Replacement of cartridges is needed approximately once per year. Device is not visible - no educational or aesthetic component. 20 Device Name and Manufacturer Description Average Performance and Features Approximate Device Footprint Typical Maintenance Design Concerns Schematic Filterra Bioretention Contech StormTree StormTree Stormwater runoff enters the Filterra system through a curb-inlet opening and flows through a specially designed filter media mixture contained in a landscaped concrete container. Stormwater runoff flows through the media and into an underdrain system at the bottom of the container, where the treated water is discharged. TP Removal: 63-70%6,7 TSS Removal: 85-86%6,7 TN Removal: 34-48%6,7 Sizing guidance not readily available from manufacturer web page. For StormTree: Device can treat 1.09 acres (0.34 cfs min.) with 9'x17' box using proprietary media with a 50 in/hr infiltration capacity. Contech provides a first year of included maintenance consisting of a maximum of two scheduled visits. Additional maintenance may be necessary depending on sediment and trash loading. Ongoing maintenance involves cleaning biofiltration bay with landscape tools (rake and shovel). Installation adjacent to road may be infeasible given width requirements. Requires additional underground storage unit upstream of filter. Concrete structure may prevent tree growth and adds an additional, unnecessary cost. StormTree unit has open bottom and open sides to allow tree growth. AquaFilter™ AquaShield Flow-through water quality device custom designed to remove fine- grained sediment, heavy metals bound to particulate matter and residual oil by utilizing a treatment train approach. AquaFilter™ technology incorporates a hydrodynamic separation chamber (Aqua-Swirl™) for pretreatment and a separate chamber to provide filtration treatment. TP Removal: 96%8 TSS Removal: 96%8 Sizing guidance not readily available from manufacturer webpage. Inspection and maintenance activities are performed from the surface. A vacuum truck is typically used to perform maintenance on the swirl chamber while filter replacement requires personnel entry to the filtration chamber. Expensive to replace filters. Requires entry into filtration chamber. Installation at curb may be infeasible given width requirements. BioSTORM® BioMicrobics Pre-engineered stormwater treatment system removes trash, sediment, oil and other pollutants from stormwater runoff. The BioSTORM®’s unique off-line design consists of a patented StormTEE® self-cleaning deflector screen and a modular separation/coalescing unit, all housed in readily-available precast concrete tanks. TSS Removal: 90%9 No nutrient removal provided by device. Sizing guidance not readily available from manufacturer webpage. Annual vacuum pumping of the oil floating inside the BioSTORM® separation module. Annual pumping out of the solids from each tank or compartment. To clean the StormTEE® deflector screen, raise and lower the internal swab to dislodge any debris that may be stuck to the screen. No nutrient removal provided by device. Expensive and labor intensive maintenance. Requires annual pumping out of the solids from each tank or compartment. Installation at curb may be infeasible given width requirements. Aquip stormwateRx Enhanced media filtration system for industrial stormwater application. Media housed in concrete vault. TP Removal: 75%10 TSS Removal: 80%10 Device requires 3' 9" of drop between inlet and outlet. Treats up to 1.7 cfs with a 13'W by 52'L device. Device is a passive, underground system with no moving parts. Maintenance requirements not provided on webpage. Used for industrial applications. Installation at curb is infeasible given width requirements. Head differential between inlet and outlet may be too large to discharge to nearby ravine. 21 Device Name and Manufacturer Description Average Performance and Features Approximate Device Footprint Typical Maintenance Design Concerns Schematic BioHaven® Floating Islands Floating Island International BioHaven® Floating Islands are patented biomimetic, self- sustaining floating treatment wetlands. The islands typically use a combination of microbial and plant growth to effectively take up, precipitate and/or filter nutrients and other pollutants from water. The islands can be anywhere up from 100 square feet and beyond by linking the islands together. TP Removal: 42-91%11 TSS Removal: 54-93%11 TN Removal: 40-87%11 No information of sizing guidance on webpage. Invasive species are expected to grow on the islands. Access to perform vegetative maintenance requires additional equipment. Mechanical removal of invasive species would be required. As the floating treatment wetlands absorb suspended solids and develops a biofilm, the absorption rate declines. For the floating wetland to continue to function as a biofilter, the entire wetland would have to be removed from the water, allowed to drain, and the matrix beneath the island would have to be rinsed off into an approved area to not allow the suspended solids to reenter the water body. Device requires extensive plant maintenance. Lifespan is unproven. Device does little to reduce algal growth. Device would not treat watershed upstream of Silver Lake, as it would be placed within the lake. StormTreat Systems StormTreat StormTreat Systems (STS) are proprietary stormwater runoff treatment technology pods offering high quality pollutant removal performance through sedimentation and filtration with adsorption mechanisms. TP Removal: 50%12 TSS Removal: 93%12 TN Removal: 73%12 Tank width: 9.75-ft Tank height: 4-ft Would require 10 units to treat 2.11 acres of impervious. Approximately 1,000-1,500 sf surface area. Maintenance of STS is limited to annual plant maintenance and monitoring of sediment depth within the chambers. The sediment pumping schedule varies from site to site but is generally needed only every 2- 3 years. Sediment removal procedures are similar to traditional catch basin clean-outs, using standard equipment and technique resulting in convenience and low cost. Proprietary tank requires specialty shipping from Massachusetts as no local representative exists. System looks unusual and industrial after installation. Device must be installed at bottom of depression near existing ravine. Configuration may not allow proper drainage from outlet of BMP to the nearby ravine. System would not fit adjacent to existing road. 1 - BioClean Environmental. (2015). Modular Wetlands Advanced Stormwater Biofiltration: MWS Linear. Modular Wetland Systems, Inc. 2 - BioClean Environmental. (2015). The Kraken Filter. 3 - HydroInternational (2018). Up-Flo Filter. 4 - Imbrium. Sorbtive Media. http://www.imbriumsystems.com/stormwater-treatment-solutions/sorbtive-media. 5 - Contech Engineered Solutions. The Stormwater Management StormFilter® Solutions Guide. 6 - Contech Filterra Bioscape. http://www.conteches.com/products/stormwater-management/biofiltration-bioretention/filterra/filterra%20-%208830672-configurations 7 - StormTree. (2017). StormTree. Retrieved December 11, 2017, from http://www.storm -tree.com/ 8 - AquaShield Water Treatment Solutions. Aqua-Filter. http://www.aquashieldinc.com/--aqua-filter.html. 9 - BioMicrobics. BioSTORM Stormwater Treatment Systems. http://www.biomicrobics.com/products/biostorm-stormwater-treatment-systems/ 10 - stormwateRx. Aquip®. http://stormwaterx.com/stormwaterx_products/aquip/ 11 - BioHaven® Floating Islands. http://www.floatingislandinternational.com/products/biohaven-technology/ 12 - StormTreat Systems. http://stormtreat.com/configuration/specifications.php 22 4.0 Evaluated Best Management Practices The following five BMPs were evaluated: (1) ditch checks with iron-enhanced sand, (2) an iron-enhanced filtration basin with underdrain, (3) the BioClean Modular Wetland Systems (MWS), (4) the BioClean Kraken Filter, and (5) the StormTree filter. Each of these BMPs are described in the following sections. 4.1 Iron-Enhanced Filtration Basin Iron-enhanced filtration consists of mixing iron filings or steel wool with a filtration media (i.e., sand). Filtration through the sand (or other filtration media) removes the particulate phosphorus, while the iron filings, which form iron oxide when rusted, increase the removal of dissolved phosphorus. When water containing dissolved phosphorus contacts the iron oxide, the dissolved phosphorus is removed from the stormwater through surface sorption. Figure 4-1 includes photographs of iron-enhanced sand filtration systems. Construction of Beam Avenue iron-enhanced sand filtration system (Ramsey-Washington Metro Watershed District, 2017). Iron-enhanced sand filtration system near Beam Avenue following a rainfall event (Ramsey-Washington Metro Watershed District, 2017). Figure 4-1 Photographs of iron-enhanced sand filtration system The use of iron-enhanced filtration in stormwater management is recognized by the MPCA and included as a BMP in the Minnesota Stormwater Manual (Minnesota Pollution Control Agency, 2015). Monitoring data reported in the Minnesota Stormwater Manual has shown promising results for the removal of both total and dissolved phosphorus. Total phosphorus removal through the system ranges from 70-77 percent (Minnesota Pollution Control Agency, 2015). 23 Use of iron-enhanced filtration was identified to target the removal of soluble phosphorus in the Silver Lake watershed. A relatively short contact time (20–30 minutes) is required for the surface sorption to bind phosphorus to the iron oxide on the iron filings. However, the filtration media must dry out between rainfall events to prevent anoxic conditions within the filter which can release phosphorus. Therefore, the filter must be drawn down within 48 hours of a rainfall event. This means the BMP footprint must be designed proportionally to the volume of water to be treated. The estimated lifespan of the iron material is approximately 35 years, although this has not been confirmed in the field (Erickson, Gulliver, & Weiss, 2012). Deposition of buildup of organic matter on the filter can adversely impact system performance. Periodic maintenance activities are required, including inspection of inlet and outlet structures, cleanout of the underdrain system, and occasional addition or replacement of filtration media to maintain the design depth (i.e., contact time) of the material. 4.2 Ditch Checks with Iron-Enhanced Sand Ditch checks are primarily constructed across swales or drainage ditches to counteract erosion by reducing water flow velocity. Utilizing ditch checks along the existing ravine will prevent future scouring and channel erosion, addressing the need for ravine stabilization. A recent University of Minnesota study in conjunction with MNDOT and the city of Roseville roadway projects has shown that combining iron-enhanced sand filter media in ditch checks along swales can filter out both particulate and dissolved pollutants (Natarajan & Gulliver, 2015). As shown in Figure 4-2, the iron-enhanced swale ditch check incorporates filtration media consisting of gravel, sand and iron as the adsorptive media to retain phosphate and dissolved metals. As water flows through the swale, the particulates filter out and the dissolved pollutants are retained by the iron- enhanced media in the ditch check. Schematic of iron-enhanced ditch checks used in University of Minnesota study on a highway drainage swale in Stillwater, MN (Natarajan & Gulliver, 2015). Figure 4-2 Schematic of an iron-enhanced swale ditch check 24 As is the case for the iron-enhanced filtration basin, the iron-enhanced ditch checks must be drawn down within 48 hours of a rainfall event. Total phosphorus removal through the system ranges from 70-77 percent (Minnesota Pollution Control Agency, 2015), and the preferred contact time is 20-30 minutes. 4.3 Modular Wetland Systems (MWS) – BioClean The Linear Modular Wetland System (MWS), by BioClean, increases filtration capacity for a given surface area by utilizing horizontal flow. This allows for a smaller footprint and higher treatment capacity than traditional vertical filtration BMPs (like the filtration basin). The MWS incorporates a pre-treatment chamber that includes separation and pre-filter cartridges allowing for a high particulate reduction capacity (Figure 4-3). The pre-treatment chamber reduces maintenance costs and improves the filter performance. The curb-type configuration shown in Figure 4-4 is the only feasible design for the site and requires some curb and gutter roadwork along Pleasantview Road in order to convey runoff into the filter. This device has the capacity to treat 0.115 cfs through the filter and the manufacture indicates the filter will remove approximately 64% of TP and 85% of TSS from influent runoff (BioClean Environmental, 2015). Modular Wetland System brochure from BioClean (BioClean Environmental, 2015). Figure 4-3 Schematic of the Modular Wetland System filtration chamber 25 Schematic of Modular Wetland System – Linear with upstream underground storage vault (BioClean Environmental, 2015). Figure 4-4 Schematic of the Linear Modular Wetland System with curb inlet 4.4 Kraken Filter The Kraken Filter, by BioClean, is an engineered stormwater membrane filter that provides treatment for high flow rates (up to 2.88 cfs) using a number of filter cartridges. The membrane filter cartridges do not contain granular media and must be removed and cleaned by hand. The Kraken has a built-in pre-treatment chamber (A) which is designed to dry out between storm events. Runoff first passes through the pre- treatment chamber, moving to the membrane filter where it fills up the outer chamber (B). Once water reaches the top of the chamber, it flows down through the filter membrane (C), collecting in the underdrain, and flowing to the discharge chamber. High flows pass over the high-flow weir directly to the discharge chamber (D). Figure 4-5 depicts this process. A B C D Schematic of Kraken Filter treatment train from BioClean (BioClean Environmental, 2015). Figure 4-5 Schematic of the Kraken Filter The largest model can treat 2.88 cfs and has an internal storage volume of 48 cubic-feet. The manufacture indicates that the device can remove 50% of TP and 89% of TSS from influent runoff (BioClean Environmental, 2015). The device configuration requires some curb and gutter roadwork in order to convey runoff into an inlet upstream of the filter. The device would be buried and could discharge into the existing ravine via an outlet pipe. 26 4.5 StormTree StormTree is a stormwater management system that integrates street trees to collect and remove pollutants from stormwater runoff. StormTree is an open concrete box, therefore the amount of runoff treated is not constrained to the dimensions of a concrete structure. StormTree relies on direct infiltration, as well as an expanded engineered media layer to treat larger drainage areas. As shown in Figure 4-6, the system can be fabricated with an interior sump and catch basin (A) providing pre- treatment by the collection of particulate matter. High flow bypass (B) and an underdrain outlet pipe (C) are standard features with all StormTree models. The high flow bypass feature reduces the potential for surcharge or backup of incoming runoff during high intensity rain events. The underdrain conveys high flows which do not infiltrate to an outlet pipe to the ravine. StormTree schematic with open box system and pre-treatment chamber. Figure 4-6 Schematic of the StormTree device with inlet entry and pre- treatment sump The largest model has a surface area of approximately 200 square feet, which the manufacture estimates, can treat 0.34 cfs, and can be placed in conjunction with an upstream storage vault to hold runoff during large events. The device claims to remove 63% of TP and 85% of TSS from influent runoff (StormTree, 2017). The device configuration requires some curb and gutter roadwork in order to convey runoff into an inlet upstream of the filter. A B C 27 5.0 Conceptual Design Alternatives Five conceptual designs for a stormwater BMP were considered:  Conceptual Design 1 – Iron Enhanced Sand Basin with Underdrain  Conceptual Design 2 – Ditch Checks with Iron Enhanced Sand  Conceptual Design 3 – Linear Modular Wetland System (BioClean)  Conceptual Design 4 – Kraken Filter (BioClean)  Conceptual Design 5 – StormTree (StormTree) Each conceptual design is discussed in more detail below. The goal for each of the conceptual designs was to identify a BMP that would fit within the existing city-owned parcels and minimize site impacts and project cost. 5.1 Conceptual Design 1 – Iron Enhanced Sand Basin with Underdrain Conceptual Design 1 is shown in Figure 5-1. The proposed location of the filtration basin is north of Pleasantview Road along the east side of the existing ravine; it is located in the upland area to minimize impacts to the existing wetland. The selected location would minimize removal of large trees, but would require removal of some brush and small trees. This design requires minor roadwork and the construction of a sump inlet to pretreat runoff from Pleasantview and Ridge Roads. An outlet pipe from the sumped catch basin will direct flows into the filtration basin where a series of draintile will convey filtered runoff into the existing ravine. The filtration system was sized to treat 1.1 inches off the impervious drainage area with a minimum of 1.5 feet of sand media. This results in a design discharge rate of 0.33 cfs (assuming an infiltration rate of 1.63 in/hr through the sand media). The design discharge rate allows the filter to draw down within 48 hours of a rainfall event to prevent the filtration media from becoming anoxic, and potentially releasing phosphorus. This design would treat approximately 84 percent of the flow passing through this location. The filtration media would be comprised of a mixture of sand and iron filings. It is anticipated that the iron filings would be 5 percent by weight of the filtration media. An underdrain would be located below the filtration media to convey filtered stormwater to the proposed outlet structure. 28 The ravine would be stabilized so as to reduce channel and bank erosion, slow flow velocities, and minimize downstream pollutant loading. Stabilization methods include: widening the existing ravine channel, regrading and flattening side slopes, and placing vegetated turf reinforcement mat (TRM) along the ravine banks and channel bed. Soil borings were not completed as part of this feasibility evaluation, when additional information is available, an impermeable geomembrane maybe required below the underdrain to prevent groundwater from seeping into the filtration system. High flows would exit the basin via an outlet structure. The outlet structure pipe would drain to the existing ravine downstream of the basin. The filtration system in Conceptual Design 1 could be constructed entirely within city- owned property. However, coordination with the property owner at 6285 Ridge Road would be required to restore the ravine upstream of the proposed filtration basin. 5.1.1 Anticipated Water Quality Improvements The calibrated Silver Lake P8 model developed for the 2017 UAA report was used to define the phosphorus loading from the Silver Lake watershed. The method to calculate additional phosphorus loading from the eroded ravine is similar to that of the Creek Restoration Action Strategy for Upper Riley Creek (Barr Engineering, 2017). After the drainage area to the proposed BMP location was refined based on BMP location, the performance of Conceptual Design 1 was evaluated, estimating the average annual volume of runoff treated by the proposed BMP and the associated phosphorus removals. The estimated ravine stabilization benefits are shown in Table 5-1. Due to limited historic erosion data, a range of TP released under existing and proposed conditions is provided. The difference between the TP released under existing and proposed conditions, which ranges from 1.0 lb/yr to 2.5 lbs/yr, is used to quantify the TP reduction benefit of stabilizing the ravine. 29 Table 5-1 Total phosphorus removal by ravine stabilization Condition Estimated Bank Erosion - Low (1) (feet per year) Estimated Bank Erosion - High (1) (feet per year) Estimated Average Bank Height (ft) Ravine Length (ft) Erosion - Low (tons/yr) Erosion - High (tons/yr) TP Released - Low (2) (lbs/yr) TP Released - High (2) (lbs/yr) Existing 0.03 0.10 2.5 385 1.5 4.2 1.5 5.0 Proposed 0.01 0.05 2.5 385 0.5 2.5 0.5 2.5 Note(s): (1) High and low erosion estimates were based on Table 1 in WI NRCS Field Office Technical Guide (Wisconsin Natural Resources Conservation Service, 2003). Erosion under existing conditions was estimated based on field visit. (2) A soil texture correction factor of 1.0 is used for silty soils according to Exhibit 2 of the MI DEQ Training Manual (Michigan Department of Environmental Quality, 1999). The performance of the conceptual design was evaluated for the same 30-year period (1986 through 2015) used in the 2017 UAA. As shown in Table 5-2 the estimated average annual total phosphorus removal for Conceptual Design 1 was 5.2 to 6.7 pounds/year (63% to 82% of influent TP). Table 5-2 Total phosphorus removal by Conceptual Design 1 TP Loading from Drainage Area TP Loading from Existing Ravine TP Routed to BMP TP Bypassing BMP(1) TP Removed by Conceptual Design 1 Percentage Removed by Conceptual Design 1(2) (lbs/yr) (lbs/yr) (lbs/yr) (lbs/yr) (lbs/yr) (%) 6.7 1.5 – 5.0 6.0 0.7 5.2 – 6.7 63 – 82% Note(s): (1) Column 4 = Column 1-Column 3 (2) Column 6 = (Column 5)/(Column 1+Column 2) 5.1.2 Engineer’s Opinion of Probable Cost The Engineer’s opinion of probable cost is reported as a range of probable costs. The range reflects the level of uncertainty, unknowns, and risk associated with the level of design completed. Based on the current level of design, the cost range for construction, planning engineering and design, permitting, construction management, and contingency is estimated as $263,000 to $492,000. Maintenance requirements for Conceptual Design 1 include yearly site inspections and maintenance of vegetation surrounding the BMP. Replacement of the sand media is required every 15 years. This level of maintenance equates to an annual cost of approximately $3,060 ($2,550 to 30 $4,590), or a 30-year lifecycle cost of $91,700 ($76,400 to $137,500). Considering both the principal and maintenance costs equates to an annual cost of $2,350 per pound of phosphorus removed ($1,670 to $4,040). Appendix A includes a detailed discussion including assumptions used to determine the Engineer’s opinion of probable cost for Conceptual Design 1. 5.1.3 Wetland and Upland Impacts The total area of disturbance for the proposed BMP is approximately 0.8 acres. This area includes the footprint of the infiltration basin as well as grading extents required to stabilize the ravine. Based on the tree survey and wetland delineation conducted on May 31, 2018, it is estimated that of the 0.8 total acres of disturbance, approximately 0.2 acres of the existing eroded wetland could be restored/enhanced. Sixty-five trees exist within the proposed BMP extents, 35 of which are located within the ravine stabilization extents. The number of trees impacted by the proposed BMP may change in the next phase of design as grading extents are optimized. The city of Chanhassen is the wetland permitting authority for this project. The wetland located in the subwatershed is classified by the city as a preserve wetland. The city’s management strategy for preserve wetlands is to maintain the wetland without degrading existing functions, values, or wildlife habitat, and active management of the wetland maybe required to protect unique features. Based on available information, the modification of the ravine BMP area of disturbance are not anticipated to change the wetland type, functions, or wildlife habitat. Conceptual Design 1 will result in permanent modifications to the existing ravine, because the ravine will be re-graded during stabilization efforts. It is anticipated that ravine stabilization will be designed such that permanent wetland impacts are avoided or minimized. Conceptual Design 1 will also result in permanent impacts to the existing upland vegetation. Construction of the iron-enhanced sand filtration system and ravine restoration would remove approximately 0.8-acres of existing dense brush and approximately 30 trees. Following construction, native grasses could be planted adjacent to the filtration system; however, the dense brush and trees could not be restored without impacting the functionality of the iron-enhanced sand filtration system. 31 5.1.4 Regulatory Approval A grading permit for Conceptual Design 1 will be required by the city of Chanhassen. There may be temporary wetland impacts to restore the ravine. The MPCA regulates the National Pollutant Discharge Elimination System (NPDES) stormwater permitting program. A NPDES permit is required for construction projects on less than 1 acre of soil that the MPCA determines pose a risk to water resources. Considering the location of the proposed BMP (adjacent to the drainage way), it is likely that a NPDES permit will be required. The MPCA will also require a stormwater pollution prevention plan. The MnDNR regulates work below the ordinary high water level (OHW) of public waters. The OHW for Silver Lake is 898.1 feet (NGVD29). A detailed topographic survey was completed for this feasibility evaluation confirming that grading for the ravine restoration will occur below the OHW. Because work would occur below the OHW, approved under RPBCWD’s regulatory framework is needed unless a project specific Public Water Work Permit is obtained from the MnDNR. RPBCWD regulates the control of floodwater to ensure the preservation of floodplains and flood storage areas, improve water quality, preserve vegetation, alleviate identified erosion problems, ensure the preservation of wetland and creek buffers, and prevent erosion of shorelines and stream banks. A RPBCWD permit will be required, although the applicable rules will depend on the final site design and configuration. It is anticipated that a permit for Rule B – Floodplain Management and Drainage Alterations, Rule C – Erosion and Sediment Control, Rule D – Wetland and Creek Buffers, Rule F – Shoreline and Streambank Stabilization, and Rule J – Stormwater Management maybe required. 5.1.5 Affected Property Owners With the exception of less than 0.1 acres of the upstream end of the ravine stabilization efforts, the proposed stormwater treatment BMP would be constructed completely within parcels owned by the city of Chanhassen or along the road right-of-way. Permission from the affected property owner at 6285 Ridge Road will be required to stabilize the ravine at the most upstream location just south of Pleasantview Road. An access and cooperative agreement with the City will be needed. During construction, 32 access to the site could be via a construction entrance constructed off Pleasantview Road to the east of the site. CONCEPTUAL DESIGN 1: IRON-ENHANCED SAND FILTER 940900910 920 920900 930 900900 930 900 90 0 920900970 970960930 910 950 960950940 950900 940940930920910 920 9 3 0 Barr Footer: ArcGIS 10.4.1, 2018-01-17 14:15 File: I:\Client\RPBC_WD\Work_Orders\2017_TO24_SilverLakeWOBMP\Maps\Figure 6-1_SilverLake_BasinBMP.mxd User: EMA FIGURE 5-1 Riley Purgatory Bluff Creek Watershed District Iron-enhanced filtration basin. See typical profile below. Drainage Area to BMP: 8.8 acres Approximate BMP Footprint: 9,500 sf. Approximate Area of Disturbance: 34,700 sf. Area of Potential Wetland Restoration: 7,350 sf. Pleasantview Road Silver Lake Draintile drains to existing ravine Proposed Inlet captures road runoff and drains into BMP Existing Ravine Highest Recorded Lake Level Extents (2013-2016) Wetland Delineation !Tree Survey Estimated Construction Extents Construction Entrance Rock Filter Dike Ravine Stabilization Restored Wetland Proposed Storm Sewer Iron-Enhanced Filtration Basin Parcel Boundary Privately-Owned City-Owned Hennepin County 2011 Contours (NGVD29) 10-Foot Contour 2-Foot Contour 0 40 80 120 16020Feet DelineatedWetland A DelineatedWetland B Highest recorded lake level extent from 2013 to 2016 monitoring data received from RPBCWD on Oct 23, 2017. Verified with DNR monitoring data. Work on private property is subject to property owner approval. Construction Entrance Outlet Control Structure Temporary Rock Filter Dike Typical Filtration Basin Cross-Section *Ravine stabilization extents will vary as conditions allow to preserve significant trees ± 34 5.2 Conceptual Design 2 – Ditch Checks with Iron Enhanced Sand Conceptual Design 2 is shown in Figure 5-2. The proposed location of the ditch checks are along the existing ravine from Pleasantview Road north to Silver Lake. The proposed ditch checks are located outside of the existing delineated wetland. The design would minimize removal of existing trees and brush and requires minor roadwork and the construction of a sump inlet to pretreat runoff from Pleasantview and Ridge Roads. An outlet pipe from the sump catch basin would direct flows into the existing ravine. The existing ravine would be graded and widened to a bottom width of approximately 7.0 feet and a top width of approximately 10.0 feet. Up to five ditch checks would be placed along the ravine to reduce flow velocities and prevent further erosion and scouring. The ditch checks would be reinforced with 1.0 foot thick iron-enhanced sand lined with a geotextile liner, held in place within a metal cage. Class II rip-rap would be placed at a 5:1 slope around the filter arrangement. The ravine would be stabilized similar to the method described in Section 5.1. 5.2.1 Anticipated Water Quality Improvements The calibrated Silver Lake P8 model developed for the 2017 UAA report was used to define the phosphorus loading from the Silver Lake watershed. After the drainage area to the proposed BMP location was refined based on BMP location, the performance of Conceptual Design 2 was evaluated, estimating the average annual volume of runoff treated by the proposed BMP and the associated phosphorus removals. The ditch check performance was evaluated using a range of infiltration rates (0.8 and 1.6 inches per hour, simulating sedimentation and obstructions upstream of the ditch checks) and particle settling assumptions (particle removal scale factor of 0.3 and 0.5) behind the ditch checks. A particle removal scale factor of 0.3 assumes some settling of larger particles behind each ditch check; whereas, the remaining particles will be filtered through the IES or will overtop the ditch check. A particle scale factor of 0.5 assumes half of the larger particles will settle out behind each ditch check. An infiltration rate of 0.8 inches per hour assumes a 50% plugged sand media surface, since a typical infiltration rate of sand is approximately 1.6 inches per hour. The estimated ravine stabilization benefits for Conceptual Design 2 are the same as those provided in Section 5.1.1 resulting in an estimated total phosphorus reduction between 1.0 and 2.5 lbs/yr. 35 A range of estimated average annual total phosphorus removed by Conceptual Design 2 was determined using the four scenarios shown in Table 5-3. The performance of the conceptual design was evaluated for the same 30-year period used in the UAA (1986 through 2015). The estimated average annual total phosphorus removal for Conceptual Design 2 ranges from 2.6 to 4.7 pounds/year (27% to 36% of influent TP). Table 5-3 Total phosphorus removal by Conceptual Design 2 Scenario TP Loading from Drainage Area TP Loading from Existing Ravine TP Routed to BMP TP Bypassing BMP(1) TP Removed by Conceptual Design 2 Percentage Removed by Conceptual Design 2(2) (lbs/yr) (lbs/yr) (lbs/yr) (lbs/yr) (lbs/yr) (%) PSRF = 0.3 Infiltration = 0.8 in/hr 8.1 1.5 – 5.0 1.6 6.5 2.6 – 4.1 27 – 32% PSRF = 0.3 Infiltration = 1.6 in/hr 8.1 1.5 – 5.0 1.7 6.4 2.7 – 4.2 28 – 32% PSRF = 0.5 Infiltration = 0.8 in/hr 8.1 1.5 – 5.0 2.1 6.0 3.1 – 4.6 32 – 35% PSRF = 0.5 Infiltration = 1.6 in/hr 8.1 1.5 – 5.0 2.2 5.9 3.2 – 4.7 33 – 36% Note(s): (1) Column 5 = Column 2-Column 4 (2) Column 7 = (Column 6)/(Column 2+Column 3) 5.2.2 Engineer’s Opinion of Probable Cost The Engineer’s opinion of probable cost is reported as a range of probable costs. The range reflects the level of uncertainty, unknowns, and risk associated with the level of design completed. Based on the current level of design, the cost range for construction, planning engineering and design, permitting, construction management, and contingency is estimated as $98,000 to $183,000. Maintenance requirements for Conceptual Design 2 include yearly site inspections and maintenance of sediment and vegetation surrounding the ditch checks. Replacement of the sand media is required every 15 years. This level of maintenance equates to an annual cost of approximately $1,930 ($1,550 to $2,900), or a 30-year lifecycle cost of $58,000 ($46,400 to $87,000). Considering both the principal and maintenance costs equates to an annual cost of $1,640 per pound of phosphorus removed ($1,020 to $3,460). 36 Appendix A includes a detailed discussion including assumptions used to determine the Engineer’s opinion of probable cost for Conceptual Design 2. 5.2.3 Wetland and Upland Impacts The total area of disturbance for the proposed BMP is approximately 0.6 acres. Using the wetland extents from the wetland delineation conducted in 2018, it is estimated that of the 0.6 total acres of disturbance, approximately 0.2 acres of the existing eroded wetland could be restored/enhanced. Thirty-five trees exist within the proposed ravine stabilization extents. The number of trees impacted by the proposed BMP may change in the next phase of design as grading extents are optimized. The city of Chanhassen is the wetland permitting authority for this project, and the applicable wetland management guidelines are similar to Conceptual Design 1, discussed in Section 5.1.3. Conceptual Design 2 will result in permanent impacts to the existing ravine, because the ravine will be widened and re-graded during stabilization efforts. It is anticipated that ravine stabilization will be designed such that permanent wetland impacts are avoided or minimized. The re-grading of the ravine will remove existing brush and approximately 35 trees located within a 10 foot buffer of the channel centerline. Following construction, native grasses could be planted in and adjacent to the ravine at all locations except on the ditch checks. 5.2.4 Regulatory Approval The permits required for Conceptual Design 2 will be similar to the permits required for Conceptual Design 1 discussed in Section 5.1.4. 5.2.5 Affected Property Owners Less than 0.1 acres at the upstream end of the ravine stabilization efforts will affect a single residential property. Permission from the property owner would be required to construct the for upstream ditch checks. All other disturbed area is located within parcels owned by the city of Chanhassen or within road right-of-way. An access and cooperative agreement with the City will be needed. During construction, access to the site would be via a construction entrance constructed off Pleasantview Road to the east of the site. CONCEPTUAL DESIGN 2: DITCH CHECKS WITH IRON-ENHANCED SAND 990980970960900 950940910 93 0 920 Barr Footer: I:\Client\RPBC_WD\Work_Orders\2017_TO24_SilverLakeWOBMP\Maps\Figure XX_SilverLake_BasinBMP.mxd User: HNH FIGURE 5-2 Riley Purgatory Bluff Creek Watershed District Ditch checks with Iron-enhanced sand. See profile below. Drainage Area to BMP: 11.1 acres Approximate Area of Disturbance: 24,100 sf. Area of Potential Wetland Restoration: 7,350 sf. Iron-enhanced Sand Ditch Checks: Depth of pooling: 1.5 ft. Height of media: 1.5 ft. Top width: 8.5 ft. Bottom width: 5 ft. No. Ditch Checks: 5 (or less) Pleasantview Road Silver Lake Proposed storm sewer captures road runoff Fox Path RoadProposed Storm Sewer Existing Ravine Highest Recorded Lake Level Extents (2013-2016) Estimated Construction Extents Wetland Delineation !Tree Survey Construction Entrance Rock Filter Dike Ravine Stabilization Restored Wetland Ditch Checks with Iron- Enhanced Sand Parcel Boundary Privately-Owned City-Owned Hennepin County 2011 Contours (NGVD29) 10-Foot Contour 2-Foot Contour 0 50 100 150 20025Feet Highest recorded lake level extent from 2013 to 2016 monitoring data received from RPBCWD on Oct 23, 2017. Verified with DNR monitoring data. Work on private property is subject to property owner approval. 00+48 01+41 01+86 02+44 Typical Ditch Check Cross-Section Construction Entrance Temporary Rock Filter Dike Natarajan, P., & Gulliver, J. (2015). Assessing Iron-Enhanced Swales for Pollution Prevention. DelineatedWetland A DelineatedWetland B 00+94 Silver LakePleasantview RoadPotential ditch check 100-year lake levelDelineated Wetland*Ravine stabilization extents will vary as conditions allow to preserve significant trees *The number of ditch checks may be decreased to reduce impacts to existing trees. ± 38 5.3 Conceptual Design 3 – Linear Modular Wetland System (BioClean) Conceptual Design 3 is shown in Figure 5-3. The proposed location of the Modular Wetland System (MWS) is along the north side of Pleasantview Road. With the exception of the ravine stabilization, the proposed work is not located in the existing wetland. The design requires the removal of existing trees and brush along the north side of Pleasantview Road and requires minor roadway modifications and the construction of a curb and gutter inlet to direct runoff into the BMP. The MWS would be a 4-foot wide and 10-foot deep underground storage vault approximately 150 feet long along Pleasantview Road, providing 6,000 cubic-feet of runoff storage. The filtration chamber will have a surface footprint of approximately 4-feet wide by 17-feet long planted with native vegetation. The proposed inlet will capture runoff from approximately 6.6 acres, conveying it into the underground storage chamber where water will filter through the filtration media. Once flow passes through the filtration chamber, an outlet pipe will convey flow back into the ravine. The ravine would be stabilized similar to the method described in Section 5.1. 5.3.1 Anticipated Water Quality Improvements The calibrated Silver Lake P8 model developed for the 2017 UAA report was used to define the phosphorus loading from the Silver Lake watershed. After the drainage area to the proposed BMP location was refined based on the BMP location, the performance of Conceptual Design 3 was evaluated, estimating the average annual volume of runoff treated by the proposed BMP and the associated phosphorus removals. The estimated ravine stabilization benefits for Conceptual Design 3 are the same as those provided in Section 5.1.1 resulting in an estimated total phosphorus reduction of 1.4 lbs/yr. The performance of the conceptual design was evaluated for the same 30-year period (1986 through 2015) used in the 2017 UAA. As shown in Table 5-4, the estimated average annual total phosphorus removal for Conceptual Design 3 is 3.3 to 4.8 pounds/year (46 to 48% of influent TP). 39 Table 5-4 Total phosphorus removal by Conceptual Design 3 RP Loading by Drainage Area TP Loading from Existing Ravine TP Routed to BMP TP Bypassing BMP(1) TP Removed by Conceptual Design 3 Percentage Removed by Conceptual Design 3(2) (lbs/yr) (lbs/yr) (lbs/yr) (lbs/yr) (lbs/yr) (%) 5.4 1.5 – 5.0 3.6 1.9 3.3 – 4.8 46 – 48% Note(s): (1) Column 4 = Column 1-Column 3 (2) Column 6 = (Column 5)/(Column 1+Column 2) 5.3.2 Engineer’s Opinion of Probable Cost The Engineer’s opinion of probable cost is reported as a range of probable costs. The range reflects the level of uncertainty, unknowns, and risk associated with the level of design completed. Based on the current level of design, the cost range for construction, planning engineering and design, permitting, construction management, and contingency is estimated as $291,000 to $545,000. Maintenance requirements for Conceptual Design 3 include yearly filter inspection, maintenance of pre-treatment chamber, and yearly replacement of pre-treatment filter cartridges. This level of maintenance equates to an annual cost of approximately $1,550 ($1,290 to $2,330), or a 30-year lifecycle cost of $46,500 ($38,800 to $69,800). Considering both the principal and maintenance costs equates to an annual cost of $3,370 per pound of phosphorus removed ($2,280 to $6,210). Appendix A includes a detailed discussion including assumptions used to determine the Engineer’s opinion of probable cost for Conceptual Design 3. 5.3.3 Wetland and Upland Impacts The total area of disturbance for the proposed BMP is approximately 0.7 acres. Using the tree survey and wetland extents from the wetland delineation described conducted in 2018, it is estimated that of the 0.7 total acres of disturbance, approximately 0.2 acres of the existing eroded wetland could be restored/enhanced. Thirty-five trees exist within the proposed ravine stabilization extents. The number of trees impacted by the proposed BMP may change in the next phase of design as grading extents are optimized. 40 The city of Chanhassen is the wetland permitting authority for this project, and the applicable wetland management guidelines are similar to Conceptual Design 1, discussed in Section 5.1.3. Conceptual Design 3 will result in permanent impacts to the existing ravine, because the ravine will be widened and re-graded during stabilization efforts. It is anticipated that ravine stabilization will be designed such that permanent wetland impacts are avoided or minimized. The installation of the MWS will remove existing brush and an additional 9 small trees located along Pleasantview Road. Following construction, native grasses and shrubs could be planted over all underground features and in the filtration chamber. 5.3.4 Regulatory Approval The permits required for Conceptual Design 3 will be similar to the permits required for Conceptual Design 1 discussed in Section 5.1.4. 5.3.5 Affected Property Owners Less than 0.1 acres at the upstream end of the ravine stabilization efforts will affect a single residential property. Permission from the property owner would be required to construct the for upstream ditch checks. All other disturbed area is located within parcels owned by the city of Chanhassen or within road right-of-way. An access and cooperative agreement with the City will be needed. During construction, access to the site would be via a construction entrance constructed off Pleasantview Road to the east of the site. CONCEPTUAL DESIGN 3: LINEAR MODULAR WETLAND SYSTEM 940900950910 920 920 930 900950930900900930900 900 900980 920 91 0 910 990970980950 970960930950960940 900 950940940930910 92093 0 920 Barr Footer: I:\Client\RPBC_WD\Work_Orders\2017_TO24_SilverLakeWOBMP\Maps\Figure XX_SilverLake_BasinBMP.mxd User: HNH FIGURE 5-3 Riley Purgatory Bluff Creek Watershed District Modular Wetland System. See typical cross-section below. Drainage Area to BMP: 6.6 acres Approximate BMP Footprint: Above Ground: 36 sf. Below Ground: 2,520 ft. Approximate Area of Disturbance: 29,700 sf. Area of Potential Wetland Restoration: 7,350 sf. Pleasantview Road Silver Lake Outlet pipe to existing ravine Proposed Inlet captures road runoff and drains into BMPFox Path RoadExisting Ravine Highest Recorded Lake Level Extents (2013-2016) Estimated Construction Extents !Tree Survey Wetland Delineation Construction Entrance Rock Filter Dike Proposed Storm Sewer Ravine Stabilization Restored Wetland Above Ground Modular Wetland System Below Ground Storage Parcel Boundary Privately-Owned City-Owned Hennepin County 2011 Contours (NGVD29) 10-Foot Contour 2-Foot Contour 0 50 100 150 20025Feet Highest recorded lake level extent from 2013 to 2016 monitoring data received from RPBCWD on Oct 23, 2017. Verified with DNR monitoring data. Work on private property is subject to property owner approval. Modular Wetland System Cross-Section Construction Entrance Temporary Rock Filter Dike BioClean Environmental. (2015). Modular Wetlands Advanced Stormwater Biofiltration: MWS Linear. Modular Wetland Systems, Inc. DelineatedWetland A DelineatedWetland B *Ravine stabilization extents will vary as conditions allow to preserve significant trees ± 42 5.4 Conceptual Design 4 – Kraken Filter (BioClean) Conceptual Design 4 is shown in Figure 5-4. The proposed location of the Kraken Filter is along the north side of Pleasantview Road. With the exception of the ravine stabilization, the proposed work is not located in the existing wetland. The design requires the removal of existing trees and brush along the north side of Pleasantview Road and requires minor roadway improvements and the construction of a curb and gutter inlet to direct runoff into the BMP. The Kraken Filter will be constructed completely underground, requiring a minimum surface area of 160 square feet and a 3 foot depth. The proposed inlet will capture runoff from approximately 6.6 acres, conveying it into the underground chamber where water will filter through the filtration media. Once flow passes through the filtration chamber, an outlet pipe will convey flow into the ravine. The ravine would be stabilized similar to the method described in Section 5.1. 5.4.1 Anticipated Water Quality Improvements The calibrated Silver Lake P8 model developed for the 2017 UAA report was used to define the phosphorus loading from the Silver Lake watershed. After the drainage area to the proposed BMP location was refined based on the BMP location, the performance of Conceptual Design 4 was evaluated, estimating the average annual volume of runoff treated by the proposed BMP and the associated phosphorus removals. The estimated ravine stabilization benefits for Conceptual Design 4 are the same as those provided in Section 5.1.1 resulting in an estimated total phosphorus reduction of 1.4 lbs/yr. The performance of the conceptual design was evaluated for the same 30-year period (1986 through 2015) used in the 2017 UAA. As shown in Table 5-5, the estimated average annual total phosphorus removal for Conceptual Design 4 is 2.9 to 4.4 pounds/year (42% of influent TP). 43 Table 5-5 Total phosphorus removal by Conceptual Design 4 TP Loading by Drainage Area TP Loading from Existing Ravine TP Routed to BMP TP Bypassing BMP(1) TP Removed by Conceptual Design 4 Percentage Removed by Conceptual Design 4(2) (lbs/yr) (lbs/yr) (lbs/yr) (lbs/yr) (lbs/yr) (%) 5.4 1.5 – 5.0 4.6 0.9 2.9 – 4.4 42% Note(s): (1) Column 4 = Column 1-Column 3 (2) Column 6 = (Column 5)/(Column 1+Column 2) 5.4.2 Engineer’s Opinion of Probable Cost The Engineer’s opinion of probable cost is reported as a range of probable costs. The range reflects the level of uncertainty, unknowns, and risk associated with the level of design completed. Based on the current level of design, the cost range for construction, planning engineering and design, permitting, construction management, and contingency is estimated as $257,000 to $482,000. Maintenance requirements for Conceptual Design 4 include yearly filter inspection, maintenance of pre-treatment chamber, and replacement of filter cartridges every three years. This level of maintenance equates to an annual cost of approximately $7,100 ($5,900 to $10,630), or a 30-year lifecycle cost of $212,500 ($177,100 to $318,800). Considering both the principal and maintenance costs equates to an annual cost of $4,870 per pound of phosphorus removed ($3,230 to $9,200). Appendix A includes a detailed discussion including assumptions used to determine the Engineer’s opinion of probable cost for Conceptual Design 4. 5.4.3 Wetland and Upland Impacts The total area of disturbance for the proposed BMP is approximately 0.6 acres. Using the tree survey and wetland extents from the wetland delineation conducted in 2018, it is estimated that of the 0.6 total acres of disturbance, approximately 0.2 acres of the existing eroded wetland could be restored/enhanced. Thirty-five trees exist within the proposed ravine stabilization extents. The number of trees impacted by the proposed BMP may change in the next phase of design as grading extents are optimized. 44 The city of Chanhassen is the wetland permitting authority for this project, and the applicable wetland management guidelines are similar to Conceptual Design 1, discussed in Section 5.1.3. Conceptual Design 4 will result in permanent impacts to the existing ravine, because the ravine will be widened and re-graded during stabilization. It is anticipated that ravine stabilization will be designed such that permanent wetland impacts are avoided or minimized. The installation of the Kraken Filter will remove existing brush and an additional 5 small trees located along Pleasantview Road. Following construction, native grasses and shrubs could be planted over all underground features. 5.4.4 Regulatory Approval The permits required for Conceptual Design 4 will be similar to the permits required for Conceptual Design 1 discussed in Section 5.1.4 5.4.5 Affected Property Owners Less than 0.1 acres at the upstream end of the ravine stabilization efforts will affect a single residential property. Permission from the property owner would be required to construct the for upstream ditch checks. All other disturbed area is located within parcels owned by the city of Chanhassen or within road right-of-way. An access and cooperative agreement with the City will be needed. During construction, access to the site would be via a construction entrance constructed off Pleasantview Road to the east of the site. CONCEPTUAL DESIGN 4: KRAKEN FILTER 940900950910 920 920 930 900950930900900930900 900 900980 920 91 0 910 990970980950 970960930950960940 900 950940940930910 92093 0 920 Barr Footer: I:\Client\RPBC_WD\Work_Orders\2017_TO24_SilverLakeWOBMP\Maps\Figure XX_SilverLake_BasinBMP.mxd User: HNH FIGURE 5-4 Riley Purgatory Bluff Creek Watershed District Kraken Filter. See schematic below. Drainage Area to BMP: 6.6 acres Approximate BMP Footprint: Above Ground: 0 sf. Below Ground: 160 ft. Approximate Area of Disturbance: 27,300 sf. Area of Potential Wetland Restoration: 7,350 sf. Pleasantview Road Silver Lake Outlet pipe to existing ravine Proposed Inlet captures road runoff and drains into BMPFox Path RoadExisting Ravine Highest Recorded Lake Level Extents (2013-2016) Estimated Construction Extents Wetland Delineation !Tree Survey Construction Entrance Rock Filter Dike Ravine Stabilization Restored Wetland Proposed Storm Sewer Parcel Boundary Privately-Owned City-Owned Below Ground Storage Hennepin County 2011 Contours (NGVD29) 10-Foot Contour 2-Foot Contour 0 50 100 150 20025Feet Highest recorded lake level extent from 2013 to 2016 monitoring data received from RPBCWD on Oct 23, 2017. Verified with DNR monitoring data. Work on private property is subject to property owner approval. Kraken Filter Detail Construction Entrance BioClean Environmental. (2015). The Kraken Filter. DelineatedWetland A DelineatedWetland B *Ravine stabilization extents will vary as conditions allow to preserve significant trees Temporary Rock Filter Dike ± 46 5.5 Conceptual Design 5 – StormTree (StormTree) Conceptual Design 5 is shown in Figure 5-5. The proposed location of the StormTree filter is along the north side of Pleasantview Road. With the exception of the ravine stabilization, the proposed work is not located in the existing wetland. The design requires the removal of existing trees and brush along the north side of Pleasantview Road and requires minor roadway improvements and the construction of a curb and gutter inlet to direct runoff into the BMP. The StormTree filter requires a 4-foot wide and 10-foot deep underground storage vault approximately 150 feet along Pleasantview Road, providing approximately 6,000 cubic-feet of storage. The filtration chamber will have a surface footprint of approximately 200 square feet planted with a native trees. The proposed inlet will capture runoff from approximately 6.6 acres, sending it into the underground storage chamber where water will filter through the filtration media at a maximum rate of 0.34 cfs. Once flow passes through the filtration chamber, an outlet pipe will convey flow to the ravine. The ravine would be stabilized similar to the method described in Section 5.1. 5.5.1 Anticipated Water Quality Improvements The calibrated Silver Lake P8 model developed for the 2017 UAA report was used to define the phosphorus loading from the Silver Lake watershed. After the drainage area to the proposed BMP location was refined based on the BMP location, the performance of Conceptual Design 5 was evaluated, estimating the average annual volume of runoff treated by the proposed BMP and the associated phosphorus removals. The estimated ravine stabilization benefits for Conceptual Design 5 are the same as those provided in Section 5.1.1 resulting in an estimated total phosphorus reduction of 1.4 lbs/yr. The performance of the conceptual design was evaluated for the same 30-year period (1986 through 2015) used in the 2017 UAA. As shown in Table 5-6, the estimated average annual total phosphorus removal for Conceptual Design 5 is 3.3 to 4.8 pounds/year (46 to 48% of influent TP). 47 Table 5-6 Total phosphorus removal by Conceptual Design 5 TP Loading from Drainage Area TP Loading from Existing Ravine TP Routed to BMP TP Bypassing BMP(1) TP Removed by Conceptual Design 5 Percentage Removed by Conceptual Design 5(2) (lbs/yr) (lbs/yr) (lbs/yr) (lbs/yr) (lbs/yr) (%) 5.4 1.5 – 5.0 3.7 1.7 3.3 – 4.8 46 – 48% Note(s): (1) Column 4 = Column 1-Column 3 (2) Column 6 = (Column 5)/(Column 1+Column 2) 5.5.2 Engineer’s Opinion of Probable Cost The Engineer’s opinion of probable cost is reported as a range of probable costs. The range reflects the level of uncertainty, unknowns, and risk associated with the level of design completed. Based on the current level of design, the cost range for construction, planning engineering and design, permitting, construction management, and contingency is estimated as $266,000 to $498,000. Maintenance requirements for Conceptual Design 5 include yearly filter inspection, maintenance of pre-treatment chamber, maintenance of filter vegetation, mulch replacement, and tree replacement (once within a thirty year period). This level of maintenance equates to an annual cost of approximately $1,345 ($1,120 to $2,020), or a 30-year lifecycle cost of $40,400 ($33,600 to $60,600). Considering both the principal and maintenance costs equates to an annual cost of $3,070 per pound of phosphorus removed ($2,070 to $5,640). Appendix A includes a detailed discussion including assumptions used to determine the Engineer’s opinion of probable cost for Conceptual Design 5. 5.5.3 Wetland and Upland Impacts The total area of disturbance for the proposed BMP is approximately 0.7 acres. Using the tree survey and wetland extents from the wetland delineation conducted in 2018, it is estimated that of the 0.7 total acres of disturbance, approximately 0.2 acres of the existing eroded wetland could be restored/enhanced. Thirty-five trees exist within the proposed ravine stabilization extents. The number of trees impacted by the proposed BMP may change in the next phase of design as grading extents are optimized. 48 The city of Chanhassen is the wetland permitting authority for this project, and the applicable wetland management guidelines are similar to Conceptual Design 1, discussed in Section 5.1.3. Conceptual Design 5 will result in permanent impacts to the ravine, because the ravine will be re-graded during stabilization. The installation of the StormTree filter will remove existing brush and an additional 9 small trees along Pleasantview Road and at the underground storage system. Following construction, native grasses and shrubs could be planted over all underground features, with a native tree planted in the filtration chamber. 5.5.4 Regulatory Approval The permits required for Conceptual Design 5 will be similar to the permits required for Conceptual Design 1 discussed in Section 5.1.4. 5.5.5 Affected Property Owners Less than 0.1 acres at the upstream end of the ravine stabilization efforts will affect a single residential property. Permission from the property owner would be required to construct the for upstream ditch checks. All other disturbed area is located within parcels owned by the city of Chanhassen or within road right-of-way. An access and cooperative agreement with the City will be needed. During construction, access to the site would be via a construction entrance constructed off Pleasantview Road to the east of the site. CONCEPTUAL DESIGN 5: STORMTREE 940900950910 920 920 930 900950930900900930900 900 900980 920 91 0 910 990970980950 970960930950960940 900 950940940930910 92093 0 920 Barr Footer: I:\Client\RPBC_WD\Work_Orders\2017_TO24_SilverLakeWOBMP\Maps\Figure XX_SilverLake_BasinBMP.mxd User: HNH FIGURE 5-5 Riley Purgatory Bluff Creek Watershed District StormTree Filter. See typical detail below. Drainage Area to BMP: 6.6 acres Approximate BMP Footprint: Above Ground: 200 sf. Below Ground: 630 ft. Approximate Area of Disturbance: 30,800 sf. Area of Potential Wetland Restoration: 7,350 sf. Pleasantview Road Silver Lake Outlet pipe to existing ravine Proposed Inlet captures road runoff and drains into BMPFox Path RoadProposed Storm Sewer Existing Ravine Highest Recorded Lake Level Extents (2013-2016) !Tree Survey Wetland Delineation Rock Filter Dike Estimated Construction Extents Construction Entrance Ravine Stabilization Restored Wetland StormTree System Below Ground Storage Parcel Boundary Privately-Owned City-Owned Hennepin County 2011 Contours (NGVD29) 10-Foot Contour 2-Foot Contour 0 50 100 150 20025Feet Highest recorded lake level extent from 2013 to 2016 monitoring data received from RPBCWD on Oct 23, 2017. Verified with DNR monitoring data. Work on private property is subject to property owner approval. StormTree Typical DetailConstruction Entrance StormTree. (2017). StormTree. Retrieved Dec.11, 2017, from http://www.storm-tree.com/ Temporary Rock Filter Dike DelineatedWetland A DelineatedWetland B *Ravine stabilization extents will vary as conditions allow to preserve significant trees ± 50 6.0 Conceptual Design Summary Table 6-1 summarizes the estimated annual total phosphorus removal, site impacts, and Engineer’s opinion of probable cost for each of the five conceptual designs considered. Table 6-1 Summary of Silver Lake subwatershed, Sil_2, water quality management projects Conceptual Design Estimated Annual TP Reduction (lbs/yr)(1) Wetland Impacts (acre)(6) Upland Impacts (acre) (6) Number of Impacted Trees(3,6) Engineer’s Opinion of Probable Cost ($)(4) Anticipated Maintenance Cost over 30-year lifecycle ($)(5) Annual Cost per Pound TP Removed ($/lbs TP/yr)(2) A B C D E F G = (E+F) / A / 30 Conceptual Design 1 Iron-Enhanced Filtration Basin 5.2 – 6.7 ~0.2(3) 0.8 ~65 $328,000 ($263,000 – $492,000) $91,700 ($76,400 – $137,500) $2,350 ($1,670 – $4,040) Conceptual Design 2 Ditch Checks with Iron- Enhanced Sand 2.6 – 4.7 ~0.2(3) 0.6 ~35 $122,000 ($98,000 – $183,000) $58,000 ($46,400 – $87,000) $1,640 ($1,020 – $3,460) Conceptual Design 3 Modular Wetland System 3.3 – 4.8 ~0.2(3) 0.7 ~44 $363,000 ($291,000 – $545,000) $46,500 ($38,800 – $69,800) $3,370 ($2,280 – $6,210) Conceptual Design 4 Kraken Filter 2.9 – 4.4 ~0.2(3) 0.6 ~40 $321,000 ($257,000 – $482,000) $212,500 ($177,100 – $318,800) $4,870 ($3,230 – $9,200) Conceptual Design 5 StormTree Filter 3.3 – 4.8 ~0.2(3) 0.7 ~44 $332,000 ($266,000 – $498,000) $40,400 ($33,600 – $60,600) $3,070 ($2,070 – $5,640) Note(s): (1) Estimated annual total phosphorus (TP) reduction is the removal with the BMP and ravine stabilization, the BMP performance was evaluated over a 30-year period (1986-2015). (2) Based on a 30-year period. Includes estimated costs for permitting, engineering, and construction; and estimated annual op eration and maintenance costs. (3) A wetland delineation, topographic survey, and tree survey were performed on May 31, 2018. (4) Estimate includes all BMP and ravine stabilization costs. (5) Anticipated annual maintenance cost includes filter inspections, replacement and maintenance of filter media, replacement and maintenance of filter components, and BMP vegetation. (6) Impacts to wetland area, upland area, and number of trees are approximate and will be optimized during the next phase of design. 51 Of the conceptual designs evaluated, the iron-enhanced filtration basin combined with the ravine stabilization has the highest upland impacts and will require the removal of almost twice as many trees as the other alternatives. The iron-enhanced ditch checks have a similar annual cost per pound of phosphorus removed as the basin, but has the least upland and tree impacts. If the iron-enhanced ditch checks (i.e., Conceptual Design 2) is selected, modifications to further reduce upland and tree impacts can be made while still providing some phosphorus treatment before entering Silver Lake. With 5 ditch checks, the BMP has the potential to remove between 2.6 and 4.7 lbs/yr of phosphorus. If less than 5 ditch checks is desired, the total phosphorus reduction potential of the BMP will be reduced. The optimization of the chosen design would need to be coordinated with the city of Chanhassen to ensure that the design meets the city’s wetland management guidelines. 52 7.0 Schedule of Activities Figure 7-1 summarizes an estimated schedule of anticipated tasks if the RPBCWD Board of Managers authorize final design of a water quality improvement project. Figure 7-1 Potential Schedule of Activities 53 8.0 Agreements Table 8-1 summarizes anticipated agreements required prior to construction of a water quality BMP. Table 8-1 Summary of Anticipated Agreements Description Notes Period Lead Organization Cooperative agreement between RPBCWD and city of Chanhassen Cooperative agreement between RPBCWD and city of Chanhassen for activities related to construction and operation and maintenance of the BMP. The agreement would establish procedures for performing specific tasks, and define responsibilities of each organization. 2019 RPBCWD and city of Chanhassen Access agreement with private property owner(s). Agreement with residential property owner(s) to access residential property to construct the proposed BMP. 2019 RPBCWD 54 9.0 Financing & Work Plan RPBCWD would finance design, permitting, construction, and monitoring of the proposed water quality BMP for 2 to 4 years following construction. The city of Chanhassen will be responsible for financing ongoing operation and maintenance activities following construction, including implementation of system modifications based on monitoring data collected by RPBCWD. RPBCWD would lead the design, permitting, construction, and monitoring of a proposed water quality BMP. During final design RPBCWD would regularly coordinate with the City regarding design of project features that affect ongoing operation and maintenance of the BMP, access to city-owned property, and modifications to Pleasantview Road. Following construction, city of Chanhassen staff will be responsible for annual operation and maintenance of the BMP. Roles and responsibilities are clarified below:  RPBCWD will take the lead in developing a cooperative agreement with the city of Chanhassen to allow RPBCWD staff and contractors to access the site to construct a water quality BMP.  Following construction, city of Chanhassen staff will be responsible for maintenance of BMP including vegetation removal within filtration BMPs, cleaning of pretreatment facilities, adding additional or replacing filtration material, and all other tasks necessary such that the BMP provides the intended nutrient removal.  RPBCWD will monitor system performance for 2-4 years following construction. Monitoring results will be shared with the city of Chanhassen on an annual basis.  RPBCWD will provide recommendations for system modifications to improve system performance based on monitoring data. The city of Chanhassen will be responsible for determining whether to modify the system within this period.  The potential activities defined in the cooperative agreement between RPBCWD and the city of Chanhassen and potential responsible parties are summarized in Table 9-1.  The anticipated primary points of contact are summarized in Table 9-2. 55 Table 9-1 Potential Activities Defined in Cooperative Agreement Table 9-2 Anticipated Primary Points of Contact Organization Name Phone RPBCWD Claire Bleser 952.607.6512 city of Chanhassen Paul Oehme 952.227.1168 56 10.0 Recommendation Based on the results of the engineering assessment, potential site impacts, and phosphorous removed, Conceptual Design 2 — ditch checks with iron-enhanced sand placed within the stabilized ravine, is recommended as the most feasible BMP. The engineering assessment was based on information collected during a review of available data and preliminary site characterization. Conceptual Design 2 is a feasible project, consistent with the 2017 UAA Plan for Silver Lake. This BMP combination presents the lowest impacts to natural resources in the area while also helping improve and protect the water quality in Silver Lake and waters located downstream. The engineer opinion of probable cost for the design, permitting, and construction of Conceptual Design 2 is $122,000 with a potential range of $98,000 to $183,000 based on the current level of design. As plans and specifications for the recommended conceptual design are prepared, the District should continue to collaborate with city of Chanhassen staff about plan details. If the Board elects to pursue the project, it is recommended that coordination with the city of Chanhassen start in the near term to develop a cooperative agreement in advance of the project implementation. Over a 30-year period, long term maintenance will be needed which results in an anticipated annual cost per pound of phosphorus reduced of between $1,020 and $3,460. Additionally, it is recommended that the RPBCWD monitor the iron-enhanced ditch checks and ravine stabilization for 2 to 4 years after construction. This monitoring will be used to optimize the system and evaluate the pollutant removal performance under typical annual variations. 57 11.0 References Minnesota Pollution Control Agency. (2017, November 20). Minnesota Administrative Rules: Chapter 7050, Waters of the State. Retrieved from The Office of the Revisor of Statutes: https://www.revisor.mn.gov/rules/?id=7050&version=2017-12- 14T11:07:06-06:00&format=pdf Barr Engineering. (2017). Creek Restoration Action Strategy – Upper Riley Creek Sediment. Barr Engineering. (2017). Lotus, Silver, Duck, Round, Mitchell, Red Rock Use Attainability Analysis Update; Lake Idlewild and Staring Lake Use Attainability Analysis; and Lower Purgatory Creek Stabilization Study. BioClean Environmental. (2015). Modular Wetlands Advanced Stormwater Biofiltration: MWS Linear. Modular Wetland Systems, Inc. BioClean Environmental. (2015). The Kraken Filter. Erickson, A., Gulliver, J., & Weiss, P. (2012). Capturing phosphates with iron enhanced sand filtration. Water Research. Michigan Department of Environmental Quality. (1999). Pollutants Controlled Calculation and Documentation For Section 319 Watersheds Training Manual. Lansing. Minnesota Pollution Control Agency. (2015, May 5). Overview for iron enhanced sand filter. Retrieved December 11, 2017, from Minnesota Stormwater Manual: https://stormwater.pca.state.mn.us/index.php/Overview_for_iron_enhanced_sand_ filter Natarajan, P., & Gulliver, J. (2015). Assessing Iron-Enhanced Swales for Pollution Preventi. Ramsey-Washington Metro Watershed District. (2017). Sand Filter. Retrieved from Ramsey-Washington Metro Watershed District: http://www.rwmwd.org/index.asp?SEC=58E60B76-2BA3-4B6D-A41C- 7B8DC882B113&Type=B_BASIC StormTree. (2017). StormTree. Retrieved December 11, 2017, from http://www.storm- tree.com/ 58 Wisconsin Natural Resources Conservation Service. (2003). Field Office Technical Guide: Streambank Erosion. Appendix A Engineer’s Opinion of Probable Cost 1 1.0 Cost Estimate Engineer’s opinions of probable costs for design, permitting, and construction were developed for each conceptual design. These opinions of costs, project reserves, contingency, documentation and discussion are intended to provide background information for feasibility alternatives assessment, analysis purposes and budget authorization by the RPBCWD. The cost of time escalation is not included in the opinions of probable cost. All costs are presented in 2017 US dollars. Quantities were estimated with calculations based on available information presented in previous sections. Dimensions, areas, and volumes for construction were estimated using excel, GIS and manufacturer information. Unit costs are based on recent bid prices, published construction cost index resources, and similar stormwater BMP projects. Unit process were developed and compared to similar project prices. Costs associated with Base Planning Engineering and Design (PED) are based on percentages of estimated construction cost and are within a range similar to those used in past projects designed by Barr. Costs associated with Construction Management (CM) are based on estimated costs to manage the construction process, based on Barr’s experience with similar projects, but may change depending on the services that are provided during construction. The estimates also include Permitting and Regulatory Approvals, which is intended to account for additional planning, coordination, and mitigation costs that are likely to be incurred as the project is permitted with environmental agencies. The opinions of cost include tasks and items related to engineering and design, permitting, and constructing each conceptual design. The opinions of cost do not include other tasks following construction of each alternative presented such as operations and maintenance, or monitoring. Contingency used in these opinions of probable cost are intended to help identify an estimated construction cost amount for the minor items included in the current Project scope, but have not yet been quantified or estimated directly during the feasibility evaluation. Stated another way, contingency is the resultant of the pluses and minuses that cannot be estimated at the level of project definition that exists. The contingency includes the cost of ancillary items not currently itemized in the quantity summaries but 2 commonly identified in more detailed design and required for completeness of the work. A 25% contingency is applied to the estimated construction cost to account for the costs of these items. Industry resources for cost estimating (AACE International Recommended Practice No. 18R-97, and ASTM E2516-06 Standard Classification for Cost Estimate Classification System) provide guidance on cost uncertainty, depending on the level of project design developed. The opinion of probable cost for the alternatives evaluated generally corresponds to a Class 4 estimate characterized by completion of limited engineering and use of deterministic estimating methods. As the level of design detail increases, the level of uncertainty is reduced. Figure A-1 provides a graphic representation of how uncertainty (or accuracy) of cost estimates can be expected to improve as more detailed design is developed. Figure A-1 Relationship between Cost Accuracy and Degree of Project Definition 3 At this early stage of design, the range of uncertainty of total project cost is high. Due to the early stage of design, it is standard practice to place a broad accuracy range around the point cost estimate. The accuracy range is based on professional judgment considering the level of design completed, the complexity of the project, and the uncertainties in the project scope; the accuracy range does not include costs for future scope changes that are not part of the project as currently defined or risk contingency. The estimated accuracy range for this point estimate is -20% to +50%. The opinion of probable cost provided in this memorandum is made on the basis of Barr Engineering’s experience and qualifications and represents our best judgment as experienced and qualified professionals familiar with the project. It is acknowledged that additional investigations and additional site specific information that becomes available in the next stage of design may result in changes to the proposed configuration, cost and functioning of project features. This opinion is based on project-related information available to Barr Engineering at this time and includes a conceptual-level feasibility design of the project. The opinion of cost may change as more information becomes available and further design is completed. In addition, because we have no control over the eventual cost of labor, materials, equipment or services furnished by others, or over the contractor’s methods of determining prices, or over competitive bidding or market conditions, Barr Engineering cannot and does not guarantee that proposals, bids, or actual costs will not vary from the opinion of probable cost presented in this memorandum. If the RPBCWD wishes greater assurance as to the probable project cost, the RPBCWD should authorize further investigation and design of a selected alternative. Table A-1 provides a comparison of the opinion of costs for each of the five alternatives. These costs assume that all work will be completed within City owned parcels or in private parcels where permission to work has been granted. These costs also assume that no purchase of additional easements will be required. Table A-3 through Table A-7 include opinion of cost for each design alternative. 4 Table A-1 Engineer’s Opinion of Probable Cost – Feasibility Estimate Summary Conceptual Design Engineer’s Opinion of Probable Cost ($)(1) Conceptual Design 1 Iron-Enhanced Filtration Basin $328,000 ($263,000 - $492,000) Conceptual Design 2 Ditch Checks with Iron-Enhanced Sand $122,000 ($98,000 - $183,000) Conceptual Design 3 Modular Wetland System $363,000 ($291,000 - $545,000) Conceptual Design 4 Kraken Filter $321,000 ($257,000 - $482,000) Conceptual Design 5 StormTree Filter $332,000 ($266,000 - $498,000) Note(s): (1) Approximate values based on available information. Soil borings are required during the next phase of design to identify existing soil characteristics and estimate the groundwater elevation. Estimate includes all BMP and ravine stabilization costs. The estimated accuracy range for the Total Project Cost as the project is defined is -20% to +50%. The opinions of costs above do not include the cost to maintain the stormwater BMP following construction. The planning level cost to maintain each BMP over a 30 year period are provided in Table A-2. 5 Table A-2 Engineer’s Opinion of Probable Maintenance Cost – Feasibility Estimate Summary Conceptual Design Engineer’s Opinion of Probable Maintenance Cost Over a 30 Year Lifecycle ($)(1) Conceptual Design 1 Iron-Enhanced Filtration Basin $91,700 ($73,400 - $137,600) Conceptual Design 2 Ditch Checks with Iron-Enhanced Sand $58,000 ($46,400 - $87,000) Conceptual Design 3 Modular Wetland System $46,500 ($37,200 - $69,800) Conceptual Design 4 Kraken Filter $212,500 ($170,000 - $318,800) Conceptual Design 5 StormTree Filter $40,400 ($32,400 - $60,600) Note(s): (1) Anticipated maintenance cost includes annual filter inspections, replacement and maintenance of filter media, replacement and maintenance of filter components, and BMP vegetation evaluated over a 30-year period. The estimated accuracy range for the Total Project Cost as the project is defined is -20% to +50%. 6 2.0 References American Society for Testing and Materials. 2006. ASTM E2516-06 Standard Classification for Cost Estimate Classification System. ASTM International, West Conshohocken, PA, DOI: 10.1520/E2516-06 Association for the Advancement of Cost Estimating. 2005. AACE International Recommended Practice NO. 18R-97, February 2, 2005 Table A-3 Engineer's Opinion of Probable Project Cost: Conceptual Design 1 - Iron Enhanced Filtration Basin PREPARED BY: BARR ENGINEERING COMPANY REV 1 SHEET:1 OF 6 BY:HNH DATE:10/1/2018 PRELIMINARY ENGINEERING REPORT CHECKED BY:BJB DATE: ENGINEER'S OPINION OF PROBABLE PROJECT COST APPROVED BY:SAS DATE: PROJECT:Silver Lake Stormwater BMP ISSUED:DATE: LOCATION:City of Chanhassen, MN ISSUED:DATE: PROJECT #:23/27-0053.14-024 ISSUED:DATE: OPINION OF COST - SUMMARY ISSUED:DATE: Engineer's Opinion of Probable Project Cost Conceptual Design 1 – Iron Enhanced Filtration Basin Silver Lake BMP Cat.ESTIMATED No.ITEM DESCRIPTION UNIT QUANTITY UNIT COST ITEM COST NOTES A Mobilization/Demobilization L.S.1 29,500$ $29,500.00 1,2,3,4,5 B Rock Erosion Control Construction Entrance Each 1 1,200$ $1,200.00 1,2,3,4,5 C Clearing & Grubbing Acre 0.52 15,000$ $7,818.60 1,2,3,4,5 D Erosion Control Silt Fence L.F.500 2.75$ $1,375.00 1,2,3,4,5 E Erosion Control Blanket S.Y.2523 2.50$ $6,307.00 1,2,3,4,5 F Riprap, MnDot Class III w/Type IV Geotextile Ton 10 125$ $1,250.00 1,2,3,4,5 H Remove/Replace Ex. Bit. Road S.Y.30 85$ $2,550.00 1,2,3,4,5 I Common Excavation C.Y.1447 40$ $57,897.78 1,2,3,4,5 J Site Restoration (Seed & Mulch)Acre 0.52 10,000$ $5,212.40 1,2,3,4,5 K 12" HDPE Storm Sewer L.F.55 75$ $4,125.00 1,2,3,4,5 L 18" HDPE Storm Sewer L.F.45 85$ $3,825.00 1,2,3,4,5 M Outlet Control Structure Each 1 2,500$ $2,500.00 1,2,3,4,5 N Curb and Gutter with Base L.F.30 25$ $750.00 1,2,3,4,5 O Precast Concrete Catch Basin w/ 3-ft Sump Each 1 7,000$ $7,000.00 1,2,3,4,5 Q Backfill and Grading (Excav. Borrow)C.Y.190 10$ $1,900.00 1,2,3,4,5 R Geotextile Liner S.Y.905 1.75$ $1,583.89 1,2,3,4,5 S 6" Under Drain Perforated Pipe L.F.400 12$ $4,800.00 1,2,3,4,5 T 10" Under Drain CPEP-DW Header Pipe L.F.40 60$ $2,400.00 1,2,3,4,5 U Under Drain Fittings & Appurtanances L.S.1 1,000$ $1,000.00 1,2,3,4,5 V Import Iron Enhanced Sand (5% iron by weight)C.Y.302 45$ $13,576.20 1,2,3,4,5 W Pea Rock C.Y.121 45$ $5,430.48 1,2,3,4,5 CC Rock Filter Dike Tons 10 55$ $550.00 1,2,3,4,5 DD F&I Turf Reinforcement Mat S.Y.800 18$ $14,400.00 1,2,3,4,5 CONSTRUCTION SUBTOTAL $177,000.00 1,2,3,4,5,8 CONSTRUCTION CONTINGENCY (25%)$44,000.00 1,5,8 ESTIMATED CONSTRUCTION COST $221,000.00 1,2,3,4,5,8 PLANNING, ENGINEERING & DESIGN $79,000.00 1,2,3,4,5,8 PERMITTING & REGULATORY APPROVALS $6,000.00 1,5,6,8 CONSTRUCTION MANAGEMENT $22,000.00 1,5,8 ESTIMATED TOTAL PROJECT COST $328,000.00 1,2,3,4,5,7,8 -20%$263,000.00 5,7,8 50%$492,000.00 5,7,8 Notes ESTIMATED ACCURACY RANGE 1 Limited Design Work Completed (10 - 15%). 2 Quantities Based on Design Work Completed. 3 Unit Prices Based on Information Available at This Time. 4 No Soil Borings Available. 6 Estimate assumes that wetland mitigation/replacement is not required. Included are the cost for agency communication and application preparation for a permit from the City of Chanhassen, MN. If replacement/mitigation is required, the total cost may increase to approximately $20,000 plus an additional $100,000/acre of wetland disturbed. 7 Estimate costs are to design, construct, and permit each alternative. The estimated costs do not include maintenance, monitoring or additional tasks following constuction. 5 This feasibility-level (Class 4, 10-15% design completion per ASTM E 2516-06) cost estimate is based on feasibility-level designs, alignments, quantities and unit prices. Costs will change with further design. Time value-of-money escalation costs are not included. A construction schedule is not available at this time. Contingency is an allowance for the net sum of costs that will be in the Final Total Project Cost at the time of the completion of design, but are not included at this level of project definition. The estimated accuracy range for the Total Project Cost as the project is defined is -20% to +50%. The accuracy range is based on professional judgement considering the level of design completed, the complexity of the project and the uncertainties in the project as scoped. The contingency and the accuracy range are not intended to include costs for future scope changes that are not part of the project as currently scoped or costs for risk contingency. Operation and Maintenance costs are not included. 8 Estimate costs are reported to nearest thousand dollars. P:\Mpls\23 MN\27\2327053\WorkFiles\Task Orders\_TO_24_SilverLakeWQBMP\104_PrelimDes\Cost Estimate\Engineers Opinion of Probable Cost_DRAFT3.xlsx 1 Table A-4 Engineer's Opinion of Probable Project Cost: Conceptual Design 2 - Ditch Checks with Iron-Enhanced Sand PREPARED BY: BARR ENGINEERING COMPANY REV 1 SHEET:2 OF 6 BY:HNH DATE:10/1/2018 PRELIMINARY ENGINEERING REPORT CHECKED BY:BJB DATE: ENGINEER'S OPINION OF PROBABLE PROJECT COST APPROVED BY:SAS DATE: PROJECT:Silver Lake Stormwater BMP ISSUED:DATE: LOCATION:City of Chanhassen, MN ISSUED:DATE: PROJECT #:23/27-0053.14-024 ISSUED:DATE: OPINION OF COST - SUMMARY ISSUED:DATE: Engineer's Opinion of Probable Project Cost Conceptual Design 2 – Ditch Checks with Iron-Enhanced Sand Silver Lake Stormwater BMP Cat.ESTIMATED No.ITEM DESCRIPTION UNIT QUANTITY UNIT COST ITEM COST NOTES A Mobilization/Demobilization L.S.1 9,900.00$ $9,900.00 1,2,3,4,5 B Rock Erosion Control Construction Entrance Each 1 1,200.00$ $1,200.00 1,2,3,4,5 C Clearing & Grubbing Acre 0.27 15,000.00$ $4,050.00 1,2,3,4,5 D Erosion Control Silt Fence L.F.500 2.75$ $1,375.00 1,2,3,4,5 E Erosion Control Blanket S.Y.1307 2.50$ $3,267.00 1,2,3,4,5 G Riprap, MnDot Class II w/Type IV Geotextile Ton 13 100.00$ $1,322.22 1,2,3,4,5 I Common Excavation C.Y.92 40.00$ $3,697.78 1,2,3,4,5 J Site Restoration (Seed & Mulch)Acre 0.27 10,000.00$ $2,700.00 1,2,3,4,5 K 12" HDPE Storm Sewer L.F.55 75.00$ $4,125.00 1,2,3,4,5 N Curb and Gutter with Base L.F.30 25.00$ $750.00 1,2,3,4,5 O Precast Concrete Catch Basin w/ 3-ft Sump Each 1 7,000.00$ $7,000.00 1,2,3,4,5 V Import Iron Enhanced Sand (5% iron by weight)C.Y.2.4 45.00$ $106.25 1,2,3,4,5 X Metal Cages Each 5 925.00$ $4,625.00 1,2,3,4,5 R Geotextile Liner S.Y.18.9 1.75$ $33.06 1,2,3,4,5 W Pea Rock C.Y.2.4 45.00$ $106.25 1,2,3,4,5 CC Rock Filter Dike Tons 10 55.00$ $550.00 1,2,3,4,5 DD F&I Turf Reinforcement Mat S.Y.800 18.00$ $14,400.00 1,2,3,4,5 CONSTRUCTION SUBTOTAL $59,000.00 1,2,3,4,5,8 CONSTRUCTION CONTINGENCY (25%)$15,000.00 1,5,8 ESTIMATED CONSTRUCTION COST $74,000.00 1,2,3,4,5,8 PLANNING, ENGINEERING & DESIGN $35,000.00 1,2,3,4,5,8 PERMITTING & REGULATORY APPROVALS $6,000.00 1,5,6,8 CONSTRUCTION MANAGEMENT $7,000.00 1,5,8 ESTIMATED TOTAL PROJECT COST $122,000.00 1,2,3,4,5,7,8 -20%$98,000.00 5,7,8 50%$183,000.00 5,7,8 Notes 2 Quantities Based on Design Work Completed. 3 Unit Prices Based on Information Available at This Time. 4 No Soil Borings Available 8 Estimate costs are reported to nearest thousand dollars. 5 This feasibility-level (Class 4, 10-15% design completion per ASTM E 2516-06) cost estimate is based on feasibility-level designs, alignments, quantities and unit prices. Costs will change with further design. Time value-of-money escalation costs are not included. A construction schedule is not available at this time. Contingency is an allowance for the net sum of costs that will be in the Final Total Project Cost at the time of the completion of design, but are not included at this level of project definition. The estimated accuracy range for the Total Project Cost as the project is defined is -20% to +50%. The accuracy range is based on professional judgement considering the level of design completed, the complexity of the project and the uncertainties in the project as scoped. The contingency and the accuracy range are not intended to include costs for future scope changes that are not part of the project as currently scoped or costs for risk contingency. Operation and Maintenance costs are not included. 6 Estimate assumes that wetland mitigation/replacement is not required. Included are the cost for agency communication and application preparation for a permit from the City of Chanhassen, MN. If replacement/mitigation is required, the total cost may increase to approximately $20,000 plus an additional $100,000/acre of wetland disturbed. 7 Estimate costs are to design, construct, and permit each alternative. The estimated costs do not include maintenance, monitoring or additional tasks following constuction. ESTIMATED ACCURACY RANGE 1 Limited Design Work Completed (10 - 15%). P:\Mpls\23 MN\27\2327053\WorkFiles\Task Orders\_TO_24_SilverLakeWQBMP\104_PrelimDes\Cost Estimate\Engineers Opinion of Probable Cost_DRAFT3.xlsx 2 Table A-5 Engineer's Opinion of Probable Project Cost: Conceptual Design 3 – BioClean Modular Wetland System PREPARED BY: BARR ENGINEERING COMPANY REV 1 SHEET:3 OF 6 BY:HNH DATE:10/1/2018 PRELIMINARY ENGINEERING REPORT CHECKED BY:BJB DATE: ENGINEER'S OPINION OF PROBABLE PROJECT COST APPROVED BY:SAS DATE: PROJECT:Silver Lake Stormwater BMP ISSUED:DATE: LOCATION:City of Chanhassen, MN ISSUED:DATE: PROJECT #:23/27-0053.14-024 ISSUED:DATE: OPINION OF COST - SUMMARY ISSUED:DATE: Engineer's Opinion of Probable Project Cost Conceptual Design 3– BioClean Modular Wetland System Silver Lake Stormwater BMP Cat.ESTIMATED No.ITEM DESCRIPTION UNIT QUANTITY UNIT COST ITEM COST NOTES A Mobilization/Demobilization L.S.1 32,700.00$ $32,700.00 1,2,3,4,5 B Rock Erosion Control Construction Entrance Each 1 1,200.00$ $1,200.00 1,2,3,4,5 C Clearing & Grubbing Acre 0.31 15,000.00$ $4,650.00 1,2,3,4,5 D Erosion Control Silt Fence L.F.800 2.75$ $2,200.00 1,2,3,4,5 E Erosion Control Blanket S.Y.1742 2.50$ $4,356.00 1,2,3,4,5 H Remove/Replace Ex. Bit. Road S.Y.30 85.00$ $2,550.00 1,2,3,4,5 I Common Excavation C.Y.296 40.00$ $11,835.56 1,2,3,4,5 J Site Restoration (Seed & Mulch)Acre 0.36 10,000.00$ $3,600.00 1,2,3,4,5 K 12" HDPE Storm Sewer L.F.150 75.00$ $11,250.00 1,2,3,4,5 N Curb and Gutter with Base L.F.100 25.00$ $2,500.00 1,2,3,4,5 P Precast Concrete Catch Basin Each 1 2,500.00$ $2,500.00 1,2,3,4,5 Q Backfill and Grading (Excav. Borrow)C.Y.175 10.00$ $1,750.00 1,2,3,4,5 Y Modular Wetland System Each 1 75,000.00$ $75,000.00 1,2,3,4,5 CC Rock Filter Dike Tons 10 55.00$ $550.00 1,2,3,4,5 DD F&I Turf Reinforcement Mat S.Y.800 18.00$ $14,400.00 1,2,3,4,5 EE Install Pre-Manufactured Device and Storage Tank Each 1 25,000.00$ $25,000.00 1,2,3,4,5 CONSTRUCTION SUBTOTAL $196,000.00 1,2,3,4,5,8 CONSTRUCTION CONTINGENCY (25%)$49,000.00 1,5,8 ESTIMATED CONSTRUCTION COST $245,000.00 1,2,3,4,5,8 PLANNING, ENGINEERING & DESIGN $87,000.00 1,2,3,4,5,8 PERMITTING & REGULATORY APPROVALS $6,000.00 1,5,6,8 CONSTRUCTION MANAGEMENT $25,000.00 1,5,8 ESTIMATED TOTAL PROJECT COST $363,000.00 1,2,3,4,5,7,8 -20%$291,000.00 5,7,8 50%$545,000.00 5,7,8 Notes 6 Estimate assumes that wetland mitigation/replacement is not required. Included are the cost for agency communication and application preparation for a permit from the City of Chanhassen, MN. If replacement/mitigation is required, the total cost may increase to approximately $20,000 plus an additional $100,000/acre of wetland disturbed. 7 Estimate costs are to design, construct, and permit each alternative. The estimated costs do not include maintenance, monitoring or additional tasks following constuction. 8 Estimate costs are reported to nearest thousand dollars. ESTIMATED ACCURACY RANGE 1 Limited Design Work Completed (10 - 15%). 2 Quantities Based on Design Work Completed. 3 Unit Prices Based on Information Available at This Time. 4 No Soil Borings Available, Limited Field Investigation Completed, and no site survey. 5 This feasibility-level (Class 4, 10-15% design completion per ASTM E 2516-06) cost estimate is based on feasibility-level designs, alignments, quantities and unit prices. Costs will change with further design. Time value-of-money escalation costs are not included. A construction schedule is not available at this time. Contingency is an allowance for the net sum of costs that will be in the Final Total Project Cost at the time of the completion of design, but are not included at this level of project definition. The estimated accuracy range for the Total Project Cost as the project is defined is -20% to +50%. The accuracy range is based on professional judgement considering the level of design completed, the complexity of the project and the uncertainties in the project as scoped. The contingency and the accuracy range are not intended to include costs for future scope changes that are not part of the project as currently scoped or costs for risk contingency. Operation and Maintenance costs are not included. P:\Mpls\23 MN\27\2327053\WorkFiles\Task Orders\_TO_24_SilverLakeWQBMP\104_PrelimDes\Cost Estimate\Engineers Opinion of Probable Cost_DRAFT3.xlsx 3 Table A-6 Engineer's Opinion of Probable Project Cost: Conceptual Design 4 - BioClean Kraken Filter PREPARED BY: BARR ENGINEERING COMPANY REV 1 SHEET:4 OF 6 BY:HNH DATE:10/1/2018 PRELIMINARY ENGINEERING REPORT CHECKED BY:BJB DATE: ENGINEER'S OPINION OF PROBABLE PROJECT COST APPROVED BY:SAS DATE: PROJECT:Silver Lake Stormwater BMP ISSUED:DATE: LOCATION:City of Chanhassen, MN ISSUED:DATE: PROJECT #:23/27-0053.14-024 ISSUED:DATE: OPINION OF COST - SUMMARY ISSUED:DATE: Engineer's Opinion of Probable Project Cost Conceptual Design 4– BioClean Kraken Filter Lake Susan Stormwater BMP Cat.ESTIMATED No.ITEM DESCRIPTION UNIT QUANTITY UNIT COST ITEM COST NOTES A Mobilization/Demobilization L.S.1 $28,700.00 $28,700.00 1,2,3,4,5 B Rock Erosion Control Construction Entrance Each 1 $1,200.00 $1,200.00 1,2,3,4,5 C Clearing & Grubbing Acre 0.31 $15,000.00 $4,650.00 1,2,3,4,5 D Erosion Control Silt Fence L.F.800 $2.75 $2,200.00 1,2,3,4,5 E Erosion Control Blanket S.Y.1742 $2.50 $4,356.00 1,2,3,4,5 H Remove/Replace Ex. Bit. Road S.Y.30 $85.00 $2,550.00 1,2,3,4,5 I Common Excavation C.Y.208 $40.00 $8,335.56 1,2,3,4,5 J Site Restoration (Seed & Mulch)Acre 0.36 $10,000.00 $3,600.00 1,2,3,4,5 K 12" HDPE Storm Sewer L.F.75 $75.00 $5,625.00 1,2,3,4,5 N Curb and Gutter with Base L.F.100 $25.00 $2,500.00 1,2,3,4,5 P Precast Concrete Catch Basin Each 1 $2,500.00 $2,500.00 1,2,3,4,5 Q Backfill and Grading (Excav. Borrow)C.Y.87.5 $10.00 $875.00 1,2,3,4,5 Z Kraken Filter Each 1 $70,000.00 $70,000.00 1,2,3,4,5 CC Rock Filter Dike Tons 10 $55.00 $550.00 1,2,3,4,5 DD F&I Turf Reinforcement Mat S.Y.800 $18.00 $14,400.00 1,2,3,4,5 EE Install Pre-Manufactured Device Each 1 $20,000.00 $20,000.00 1,2,3,4,5 CONSTRUCTION SUBTOTAL $172,000.00 1,2,3,4,5,8 CONSTRUCTION CONTINGENCY (25%)$43,000.00 1,5,8 ESTIMATED CONSTRUCTION COST $215,000.00 1,2,3,4,5,8 PLANNING, ENGINEERING & DESIGN $78,000.00 1,2,3,4,5,8 PERMITTING & REGULATORY APPROVALS $6,000.00 1,5,6,8 CONSTRUCTION MANAGEMENT $22,000.00 1,5,8 ESTIMATED TOTAL PROJECT COST $321,000.00 1,2,3,4,5,7,8 -20%$257,000.00 5,7,8 50%$482,000.00 5,7,8 Notes 8 Estimate costs are reported to nearest thousand dollars. ESTIMATED ACCURACY RANGE 1 Limited Design Work Completed (10 - 15%). 2 Quantities Based on Design Work Completed. 3 Unit Prices Based on Information Available at This Time. 4 No Soil Borings Available, Limited Field Investigation Completed, and no site survey. 5 This feasibility-level (Class 4, 10-15% design completion per ASTM E 2516-06) cost estimate is based on feasibility-level designs, alignments, quantities and unit prices. Costs will change with further design. Time value-of-money escalation costs are not included. A construction schedule is not available at this time. Contingency is an allowance for the net sum of costs that will be in the Final Total Project Cost at the time of the completion of design, but are not included at this level of project definition. The estimated accuracy range for the Total Project Cost as the project is defined is -20% to +50%. The accuracy range is based on professional judgement considering the level of design completed, the complexity of the project and the uncertainties in the project as scoped. The contingency and the accuracy range are not intended to include costs for future scope changes that are not part of the project as currently scoped or costs for risk contingency. Operation and Maintenance costs are not included. 6 Estimate assumes that wetland mitigation/replacement is not required. Included are the cost for agency communication and application preparation for a permit from the City of Chanhassen, MN. If replacement/mitigation is required, the total cost may increase to approximately $20,000 plus an additional $100,000/acre of wetland disturbed. 7 Estimate costs are to design, construct, and permit each alternative. The estimated costs do not include maintenance, monitoring or additional tasks following constuction. P:\Mpls\23 MN\27\2327053\WorkFiles\Task Orders\_TO_24_SilverLakeWQBMP\104_PrelimDes\Cost Estimate\Engineers Opinion of Probable Cost_DRAFT3.xlsx 4 Table A-7 Engineer's Opinion of Probable Project Cost: Conceptual Design 5 - StormTree Filter PREPARED BY: BARR ENGINEERING COMPANY REV 1 SHEET:5 OF 6 BY:HNH DATE:10/1/2018 PRELIMINARY ENGINEERING REPORT CHECKED BY:BJB DATE: ENGINEER'S OPINION OF PROBABLE PROJECT COST APPROVED BY:SAS DATE: PROJECT:Silver Lake Stormwater BMP ISSUED:DATE: LOCATION:City of Chanhassen, MN ISSUED:DATE: PROJECT #:23/27-0053.14-024 ISSUED:DATE: OPINION OF COST - SUMMARY ISSUED:DATE: Engineer's Opinion of Probable Project Cost Conceptual Design 5– StormTree Filter Silver Lake Stormwater BMP Cat.ESTIMATED No.ITEM DESCRIPTION UNIT QUANTITY UNIT COST ITEM COST NOTES A Mobilization/Demobilization L.S.1 31,000.00$ $31,000.00 1,2,3,4,5 B Rock Erosion Control Construction Entrance Each 1 1,200.00$ $1,200.00 1,2,3,4,5 C Clearing & Grubbing Acre 0.36 15,000.00$ $5,413.64 1,2,3,4,5 D Erosion Control Silt Fence L.F.800 2.75$ $2,200.00 1,2,3,4,5 E Erosion Control Blanket S.Y.1746.8 2.50$ $4,367.00 1,2,3,4,5 H Remove/Replace Ex. Bit. Road S.Y.30 85.00$ $2,550.00 1,2,3,4,5 I Common Excavation C.Y.296 40.00$ $11,835.56 1,2,3,4,5 J Site Restoration (Seed & Mulch)Acre 0.36 10,000.00$ $3,609.09 1,2,3,4,5 K 12" HDPE Storm Sewer L.F.150 75.00$ $11,250.00 1,2,3,4,5 N Curb and Gutter with Base L.F.100 25.00$ $2,500.00 1,2,3,4,5 Q Backfill and Grading (Excav. Borrow)C.Y.175 10.00$ $1,750.00 1,2,3,4,5 AA StormTree Filter Each 1 32,500.00$ $32,500.00 1,2,3,4,5 BB Pre-Cast Concrete Underground Storage Vault Each 1 36,000.00$ $36,000.00 1,2,3,4,5 CC Rock Filter Dike Tons 10 55.00$ $550.00 1,2,3,4,5 DD F&I Turf Reinforcement Mat S.Y.800 18.00$ $14,400.00 1,2,3,4,5 FF Install Storage Tank Each 1 25,000.00$ $25,000.00 1,2,3,4,5 CONSTRUCTION SUBTOTAL $186,000.00 1,2,3,4,5,8 CONSTRUCTION CONTINGENCY (25%)$47,000.00 1,5,8 ESTIMATED CONSTRUCTION COST $233,000.00 1,2,3,4,5,8 PLANNING, ENGINEERING & DESIGN $70,000.00 1,2,3,5,8 PERMITTING & REGULATORY APPROVALS $6,000.00 1,5,6,8 CONSTRUCTION MANAGEMENT $23,000.00 1,5,8 ESTIMATED TOTAL PROJECT COST $332,000.00 1,2,3,4,5,7,8 -20%$266,000.00 5,7,8 50%$498,000.00 5,7,8 Notes 8 Estimate costs are reported to nearest thousand dollars. 6 Estimate assumes that wetland mitigation/replacement is not required. Included are the cost for agency communication and application preparation for a permit from the City of Chanhassen, MN. If replacement/mitigation is required, the total cost may increase to approximately $20,000 plus an additional $100,000/acre of wetland disturbed. 7 Estimate costs are to design, construct, and permit each alternative. The estimated costs do not include maintenance, monitoring or additional tasks following constuction. ESTIMATED ACCURACY RANGE 1 Limited Design Work Completed (10 - 15%). 2 Quantities Based on Design Work Completed. 3 Unit Prices Based on Information Available at This Time. 4 No Soil Borings Available, Limited Field Investigation Completed, and no site survey. 5 This feasibility-level (Class 4, 10-15% design completion per ASTM E 2516-06) cost estimate is based on feasibility-level designs, alignments, quantities and unit prices. Costs will change with further design. Time value-of-money escalation costs are not included. A construction schedule is not available at this time. Contingency is an allowance for the net sum of costs that will be in the Final Total Project Cost at the time of the completion of design, but are not included at this level of project definition. The estimated accuracy range for the Total Project Cost as the project is defined is -20% to +50%. The accuracy range is based on professional judgement considering the level of design completed, the complexity of the project and the uncertainties in the project as scoped. The contingency and the accuracy range are not intended to include costs for future scope changes that are not part of the project as currently scoped or costs for risk contingency. Operation and Maintenance costs are not included. P:\Mpls\23 MN\27\2327053\WorkFiles\Task Orders\_TO_24_SilverLakeWQBMP\104_PrelimDes\Cost Estimate\Engineers Opinion of Probable Cost_DRAFT3.xlsx 5 Table A-8 Engineer's Opinion of Probable Project Cost: 30-Year Operation and Maintenance PREPARED BY: BARR ENGINEERING COMPANY REV 1 SHEET:6 OF 6 BY:HNH DATE:10/1/2018 PRELIMINARY ENGINEERING REPORT CHECKED BY:BJB DATE: ENGINEER'S OPINION OF PROBABLE O&M COST APPROVED BY:SAS DATE: PROJECT:Silver Lake Stormwater BMP ISSUED:DATE: LOCATION:City of Chanhassen, MN ISSUED:DATE: PROJECT #:23/27-0053.14-024 ISSUED:DATE: OPINION OF COST - SUMMARY ISSUED:DATE: Engineer's Opinion of Probable Project Cost 30-Year Operation and Maintenance Costs Silver Lake BMP Cat. No.ITEM DESCRIPTION NOTES A Vegetation Maintenance ($40/hr)9 - 39 hrs/yr 46,200$ 46,200$ 10,800$ 1,2,3,4, 6 B Iron Enhanced Sand Filter Replacement ($45/C.Y.) once every 10 years 27,152$ 213$ 1,2, 3, 6 C MWS Pretreatment Filter Cartridges ($80/cartridge) 8 cartridges per year 19,200$ 1,2, 5, 6 D Vacuum Pre-Treatment Chamber ($150/hr)3 hrs/yr 13,500$ 13,500$ 13,500$ 1,2, 5, 6 E Filter Inspection ($150/hr)1 hr/yr 4,500$ 4,500$ 4,500$ 1,2, 5, 6 F Kraken Filter Cartridges ($100/cartridge) 152 cartridges every 3 years 152,000$ 1,2, 5, 6 G Tree Replacement ($500/tree) once every 30 years 500$ 1,2, 5, 6 H Mulch Replacement ($300/replacement) once every 3 years 3,000$ 1,2, 3, 6 O&M TOTAL COST 73,400$ 46,400$ 37,200$ 170,000$ 32,300$ CONTINGENCY (25%)91,700$ 58,000$ 46,500$ 212,500$ 40,400$ 73,400$ 46,400$ 37,200$ 170,000$ 32,400$ 6 137,600$ 87,000$ 69,800$ 318,800$ 60,600$ 6 Notes ESTIMATED ACCURACY RANGE (-20% to 50%) 1 Limited Design Work Completed (10 - 15%). 2 Prices Based on Information Available at This Time. 6 This feasibility-level (Class 4, 10-15% design completion per ASTM E 2516-06) cost estimate is based on feasibility-level designs, alignments, quantities and unit prices. Costs will change with further design. Time value-of-money escalation costs are not included. Contingency is an allowance for the net sum of costs that will be in the Final O&M Cost at the time of the completion of design, but are not included at this level of project definition. The estimated accuracy range for the Operation and Maintenance Cost as the project is defined is -20% to +50%. The accuracy range is based on professional judgement considering the level of design completed, the complexity of the project and the uncertainties in the project as scoped. The contingency and the accuracy range are not intended to include costs for future scope changes that are not part of the project as currently scoped or costs for risk contingency. Conceptual Design 1 Conceptual Design 2 Conceptual Design 3 Conceptual Design 4 Conceptual Design 5 3 Estimate based on maintenance costs for similar BMPs conducted by Barr staff. Conversion 4 Vegetation maintenance of Conceptual Design 5 is less than that of Conceptual Designs 1 and 2 as surface footprint is smaller. 5 Estimate from manufacturer. P:\Mpls\23 MN\27\2327053\WorkFiles\Task Orders\_TO_24_SilverLakeWQBMP\104_PrelimDes\Cost Estimate\Engineers Opinion of Probable Cost_v2.xlsx 1 CITY COUNCIL STAFF REPORT Monday, July 27, 2020 Subject Approve an Amendment to the Chaparral Planned Unit Development (PUD) Ordinance to Correct a Typographical Error Section 7:30 P.M. ­ CONSENT AGENDA Item No: E.4. Prepared By Bob Generous, Senior Planner File No: Planning Case 2020­10 PROPOSED MOTION City Council approves the ordinance amending the Chaparral Planned Unit Development­Residential, PUD­R, zoning, and adopts the Planning Commission's Findings of Fact. Approval requires a Majority Vote of the entire council. SUMMARY The applicant is requesting an amendment to the PUD­R to correct an error in the ordinance. BACKGROUND April 3, 1978 and November 20, 1978 – Approved rezoning to P­1 and Development Plan and plat for Phase I, 95 single­family units north of Kerber Boulevard. April 23, 1979 and July 2, 1979 – Approved the Development Plan and plat for Phase II, 328 units in the 2nd, 3rd and 4th Additions of Chaparral (74 single­family, 98 duplexes and 156 quads – 162 buildings).  August 22, 1988 – Approved addendum permitting the following: Decks cannot extend from the building farther than 10 feet Decks must be 10 feet by 20 feet Decks must maintain a 20­foot front yard setback June 28, 1999 – Approved amendment to Development Contract to allow screened patios and enclosed porches on the quad units subject to the following conditions:  Screened patios and porches cannot extend from the building farther than 10 feet Screened patios and porches must maintain a 20­foot front and rear yard setback Screened patios and porches may not exceed a 10­foot by 20­foot dimension April 27, 2001 – Approved a variance to permit decks and porches with an 18­foot setback.  Decks/porches may not exceed a depth of 12 feet. CITY COUNCIL STAFF REPORTMonday, July 27, 2020SubjectApprove an Amendment to the Chaparral Planned Unit Development (PUD) Ordinance toCorrect a Typographical ErrorSection7:30 P.M. ­ CONSENT AGENDA Item No: E.4.Prepared By Bob Generous, Senior Planner File No: Planning Case 2020­10PROPOSED MOTIONCity Council approves the ordinance amending the Chaparral Planned Unit Development­Residential, PUD­R,zoning, and adopts the Planning Commission's Findings of Fact.Approval requires a Majority Vote of the entire council.SUMMARYThe applicant is requesting an amendment to the PUD­R to correct an error in the ordinance.BACKGROUNDApril 3, 1978 and November 20, 1978 – Approved rezoning to P­1 and Development Plan and plat for PhaseI, 95 single­family units north of Kerber Boulevard.April 23, 1979 and July 2, 1979 – Approved the Development Plan and plat for Phase II, 328 units in the 2nd,3rd and 4th Additions of Chaparral (74 single­family, 98 duplexes and 156 quads – 162 buildings). August 22, 1988 – Approved addendum permitting the following:Decks cannot extend from the building farther than 10 feetDecks must be 10 feet by 20 feetDecks must maintain a 20­foot front yard setbackJune 28, 1999 – Approved amendment to Development Contract to allow screened patios and enclosedporches on the quad units subject to the following conditions: Screened patios and porches cannot extend from the building farther than 10 feetScreened patios and porches must maintain a 20­foot front and rear yard setbackScreened patios and porches may not exceed a 10­foot by 20­foot dimension April 27, 2001 – Approved a variance to permit decks and porches with an 18­foot setback.  Decks/porches may not exceed a depth of 12 feet. On May 29, 2012, City Council approved Ordinance #535, the Chaparral PUD ordinance. DISCUSSION In reviewing the Chaparral Planned Unit Development – Residential zoning ordinance, staff discovered that an error had been made in Ordinance #535 with the Intent and Permitted uses for single­family homes not being consistent and the ordinance omitted the approved addendum to the Development Contracts regarding the decks and porches. The Planning Commission held a public hearing on July 7, 2020 to review the proposed amendment to the Chaparral PUD­R. The Planning Commission voted unanimously, 6­0, to recommend approval of the amendment. The Planning Commission meeting minutes from July 7, 2020 are attached. RECOMMENDATION Staff and the Planning Commission recommend the City Council approve the amendment to the Chaparral Planned Unit Development – Residential zoning. ATTACHMENTS: Staff Report Planning Commission Findings of Fact Chaparral PUD Ordinance Amendment Affidavit of Mailing Planning Commission Summary Minutes dated July 7, 2020 Planning Commission Verbatim Minutes dated July 7, 2020 CITY OF CHANHASSEN PC DATE: July 7, 2020 CC DATE: July 27, 2020 REVIEW DEADLINE: NA CASE #: 2020-10 BY: RG SUMMARY OF REQUEST: In reviewing the Chaparral Planned Unit Development – Residential zoning ordinance, staff discovered that an error had been made in Ordinance #535. The proposed amended ordinance is shown in a strike-through and bold format. LOCATION: Chaparral Subdivision – Powers Boulevard to the west, Carver Beach Road to the north, Nez Perce Drive and Kerber Boulevard to the east Meadow Green Park to the south. APPLICANT: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 PRESENT ZONING: Planned Unit Development - Residential, PUD-R 2040 LAND USE PLAN: Residential Low Density and Residential Medium Density ACREAGE: 106.18 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city has a relatively high level of discretion in approving amendments to PUDs because the city is acting in its legislative or policy-making capacity. A rezoning must be consistent with the city’s Comprehensive Plan. Notice of this public hearing has been mailed to all property owners within Chaparral. PROPOSAL/SUMMARY The applicant is requesting an amendment to the PUD to correct an error in the ordinance. PROPOSED MOTION: “The Chanhassen Planning Commission recommends City Council approve the amendment to the Chaparral Planned Unit Development – Residential zoning to correct the internal inconsistency. And, Adopts the Findings of Fact and Recommendation.” Chaparral PUD Amendment July 7, 2020 Page 2 APPLICABLE REGULATIONS Chapter 20, Article II, Division 2. Amendments Chapter 20, Article VIII, Planned Unit Development District BACKGROUND The city approved a development contract as the regulating document for this development. CHAPARRAL, PUD #78-01 Total Site Acreage 106.18 • Residential Acreage 64.92 • Park Acreage 20.75 • Local Right-of-way Acreage 10.96 • Kerber Boulevard Acreage 7.35 Total Housing Units 423 • April 3, 1978 and November 20, 1978 – Approved rezoning to P-1 and Development Plan and plat for Phase I, 95 single-family units north of Kerber Boulevard. • April 23, 1979 and July 2, 1979 – Approved the Development Plan and plat for Phase II, 328 units in the 2nd, 3rd and 4th Additions of Chaparral (74 single-family, 98 duplexes and 156 quads – 162 buildings). • August 22, 1988 – Approved addendum permitting the following: o Decks cannot extend from the building farther than 10 feet o Decks must be 10 feet by 20 feet o Decks must maintain a 20-foot front yard setback • June 28, 1999 – Approved amendment to Development Contract to allow screened patios and enclosed porches on the quad units subject to the following conditions: o Screened patios and porches cannot extend from the building farther than 10 feet o Screened patios and porches must maintain a 20-foot front and rear yard setback o Screened patios and porches may not exceed a 10-foot by 20-foot dimension • April 27, 2001 – Approved a variance to permit decks and porches with an 18-foot setback. Decks/porches may not exceed a depth of 12 feet. • On May 29, 2012, City Council approved ordinance #535, the Chaparral PUD ordinance. Chaparral PUD Amendment July 7, 2020 Page 3 EXISTING CONDITIONS SITE CONSTRAINTS Bluff Creek Corridor This property is not located within the Bluff Creek Overlay District. Wetland Protection There are wetlands located throughout the site. The proposed development should not impact these wetlands. Bluff Protection There are no bluffs on the property. Shoreland Management The property is not located within a shoreland protection district. Floodplain Overlay This property is not within a floodplain. ANALYSIS The existing zoning of the property is consistent with the land use designation of the property. However, when the ordinance was drafted and approved, an error was made in the permitted uses of the zoning, with the intent stating 169 single-family homes, which included all phases of the development, and the permitted uses, 74 single-family homes, which included only the second phase of the development. Additionally, the city approved addendums in 1988 and 1999 to the development plan regulating decks and screened porches that were not included in the 2012 ordinance. The revised ordinance corrects these omissions. SURROUNDING ZONING AND USES The properties to the north, northeast, southeast and west are zoned Single-Family Residential, RSF. The property to the east is zoned Planned Unit Development – Residential, PUD-R. The property to the southwest is zoned Mixed Low Density Residential, R-4. Chaparral PUD Amendment July 7, 2020 Page 4 LAND USE - ZONING CONSISTENCY The proposed amendment to the PUD is consistent with the Comprehensive Plan land use designation. The proposed rezoning assists in the furtherance of the following land use goals of the City of Chanhassen Comprehensive Plan: • Development will be encouraged within the MUSA line. • The plan should seek to establish sufficient land to provide a full range of housing opportunities. • Development should be phased in accordance with the ability of the city to provide services. The proposed rezoning assists in the furtherance of the following housing goals of the City of Chanhassen Comprehensive Plan: • A balanced housing supply with housing available for people of all income levels. • A variety of housing types for people in all stages of the life-cycle. STREETS/ACCESS Access to the development is from Powers Boulevard and Kerber Boulevard, an arterial and collector road, respectively. UTILITIES Utilities have been installed within the development. RECOMMENDATION Staff recommends that the Planning Commission approve the amendment to the Chaparral Planned Unit Development – Residential district regulations. ATTACHMENTS 1. Findings of Fact and Recommendation 2. Chaparral PUD Ordinance 3. Public Hearing notice and mailing list g:\plan\2020 planning cases\20-10 chaparral pud amendment correction\staff report chaparral pud amendment.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of the City of Chanhassen for the Rezoning of a property. On July 7, 2020, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen for rezoning property by amending the Planned Unit Development—Residential zoning of the properties. The Planning Commission conducted a public hearing on the proposed rezoning preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development—Residential, PUD-R. 2. The property is guided in the Land Use Plan for Residential Low Density and Residential Medium Density uses. 3. The legal description of the property is: All of Chaparral Addition, Chaparral 2nd Addition and Chaparral 3rd Addition. 4. The Zoning Ordinance directs the Planning Commission to consider six (6)possible adverse effects of the proposed amendment. The six (6)effects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b) The proposed use is or will be compatible with the present and future land uses of the area. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. 5. The planning report#2020-10, dated July 7, 2020, prepared by Robert Generous is incorporated herein. RECOMMENDATION The Planning Commission recommends that City Council approve the rezoning amending the Chaparral Planned Unit Development. ADOPTED by the Chanhassen Planning Commission this 7th day of July, 2020. CHANH• SSE PLANN G OMMISSION BY: Stern Weick, Chat an 1 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning all property within Chaparral, Chaparral 2nd Addition and Chaparral 3rd Addition to Planned Unit Development - Residential. Section 2. The rezoning of this property incorporates the following development design standards: Chaparral Zoning Standards a. Intent The purpose of this zone is to create a PUD for 169 single-family, 98 duplexes and 156 quad units. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Except as modified by the Chaparral PUD ordinance, the development shall comply with the requirements of the R-4, Mixed Low Density Residential District for the single-family and duplex units and R-8, Mixed Medium Density Residential District for the quad units. b. Permitted Uses The permitted uses in this zone shall be 74 169 single-family, 98 duplex and 156 quad residential units and their ancillary uses. If there is a question as to whether or not a use meets the definition, the Planning Director shall make that interpretation. c. Lot Requirements and Setbacks Minimum Lot Size: Single-Family – 10,000 square feet Duplex - 4,300 square feet Quad – 3,400 square feet Minimum Lot Width: Single-Family – 80 feet Duplex - 35 feet Quad – 35 feet Minimum Lot Depth: Single-Family – 120 feet Duplex - 120 feet Quad – 70 feet 2 The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Setback Standards Front 30 feet Side 10 feet Rear 10 feet Kerber Boulevard and Powers Boulevard 30 feet Hard Surface Coverage 30 % * *The entire development may not exceed 30 percent hard coverage. Individual lots may exceed the 30 percent site coverage. Decks cannot extend from building further than 10 feet Decks must be 10 feet by 20 feet Decks must maintain 20-foot front yard setback Quad Units: Screened patios and porches cannot extend from the building farther than 10 feet Screened patios and porches must maintain a 20-foot front and rear yard setback Screened patios and porches may not exceed 10-foot by 20-foot dimension. The City approved for the quad units a variance to permit decks and porches with an 18- foot front setback. Decks/porches may not exceed depth of 12 feet. Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this ___ day of _____, 20__, by the City Council of the City of Chanhassen, Minnesota Heather Johnston, Interim City Manager Elise Ryan, Mayor (Published in the Chanhassen Villager on ______________________________) g:\plan\2020 planning cases\20-10 chaparral pud amendment correction\chaparral pud ordinance amendment.doc CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ( ss. COIJNTY OF CARVER ) I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on &n- cS )P .ffi3,20Y0, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy ofthe attached notice of Public hearing to consider an amendment to the Chaparral PUD Ordinance to correct a typographical error' Planning Case File No. 2020-10 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses ofsuch owners were those appearing as such by the records ofthe County Treasurer, Carver County, Minnesota, and by other appropriate records' tnii(t^day ot].n<--, 2020. Kim M Notary Public Deputy lerk (Seal) Subscribed and swom to before me ilobry Dl.claimer Thas map is neither a legally recorded map nor a suNey and is not intended to be used as one This map is a compilation of records, informaljon and datra located in various cjty, counly, state and federaloffces and other sources regading lhe area shown, and is to be used for reference purposes only- The City does not wanant tnat the Geographic lnformatron System (GlS) Data used to prepare this map are enor free. and the Caty does not represent that the Gls Data can tr€ used for navigatonal, facling or any other pu@ose requinng exacting measurement of distance or direction or precision in the depction of geographic features. The precedang disclaimer is pmvided pursuant to Minnesota Statules 5466.03, Subd. 21 (2000), and the user of this map acknowledges hat the City shall noi be liable for any clamages. and expressly wajves all claims, and agre€6 to defend, indemnafy, and hold hamless the Crty from any and all daams brouoht by User, its employees or agents, or th,rd parties which arise oul of the use/s access or use of data provided. rTAX-NAMET <TAX-ADD_L1r *TAX_ADD_L2r (Next ReCord'xTAX-NAMET ITAX_ADD_L1l <TAX_ADD_L2r Dkclaim€r This map is neither a legally recorded map nor a survey and i5 nol inlended to be used as one This map is a comprlatjon of lecords, informalion and alata located in various cjty, county, state anal federal ofn@s and otier sources regarding the area shown. and is to be used tor relerence purpos€s only. The Cily does not warant that the Geographac lnfomalion System (GlS) Data used to prepare this map are enor free, and the C(y does not epre3ent that the GIS Data cen be used for navlgatoml. tracking or any other purpos€ equidng exactng measurement of distarrce or dtectjon or precision in lhe depicton ot geographic features. The preceding disclaimer is provided pursuanl to Minnesota Statutes 5456 03, Subd. 21 (2000), and the user of this map acloowledges that $e City shall not be liable for any damages, aM expressly waives all claims, and agrees lo defend, inclemnify. and hold hafinless the City from any and alldaims brouohl by User its employees or agents, or third parties whici adse out of lhe usefs access or use of dala provaded E;EooE.9o .9. 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O@ (o CHANHASSEN PLANNING COMMISSION REGULAR MEETING JULY 7, 2020 Chairman Weick called the meeting to order at 7:15 p.m. MEMBERS PRESENT: Steven Weick, Mark Randall, Doug Reeder, Laura Skistad, Eric Noyes, and Mark Von Oven MEMBERS ABSENT: Michael McGonagill STAFF PRESENT: Bob Generous, Senior Planner; MacKenzie Walters, Associate Planner; Erik Henricksen, Project Engineer; Richard Rice, IT Manager; Matt Kerr, IT Support Specialist; and Jean Steckling, Senior Admin Support PUBLIC PRESENT: Phil Johnson 9116 34th Avenue, New Hope Dan Burke 225 West 77th Street Charles Levine 8420 County Road 10E Weick: Thank you for obliging us with that. As you have noticed this is a little different meeting format for us. We’ve done it for the past couple of meetings but please be patient as we work through any audio or video difficulties this evening. Again I would remind all commissioners please don’t hold any chats, discussions or text messages on the side through the Zoom application. All of our discussions need to be public and on the record. Tonight we have 3 public hearing items on the agenda. Staff will begin with the presentation of the item. At that time we will have time for comments or questions from the Planning Commission. Then the applicant will be able to make a presentation. After the applicant makes a presentation we can ask questions of the applicant or get clarifications on the project directly from them. At that time we will have a public hearing. In the public hearing we will summarize any emails we’ve received. For the record anyone here present in the chambers may come up to the podium. State their name and address for the record and make a comment on the item. And we will also have the opportunity for telephone calls. The telephone number will be prompted at the bottom of the screen at the appropriate time. You may call in and make a comment as well if you so desire. Once everyone has had a chance to be heard through one of those 3 methods we will close the public hearing. The commission will then again have time for comments and discussion amongst themselves and then we can take a vote on the item. We’ll do that for all 3 items this evening. Chanhassen Planning Commission – July 7, 2020 2 PUBLIC HEARING: CONSIDER A REQUEST FOR A CONDITIONAL USE PERMIT (CUP) FOR FOOD PROCESSING AND OUTDOOR STORAE FOR SIX SILOS ON PROPERTY LOCATED AT 2100 STOUGHTON AVENUE (HEMP ACRES). Weick: The first item on our agenda is item number 2020-09 and will be in front of City Council on July 27th. It is a request for a conditional use permit for food processing and outdoor storage located at 2100 Stoughton Avenue and the name is Hemp Acres. And is that Mr. Generous, yes. We’ll turn it over to you Bob. Generous: Chairman Weick and commissioners. I was hoping that our presentation would come up on my PC. There we go, thank you. As you stated Planning Case 2020-09 is a conditional use permit request for food processing operation to process industrial hemp seeds into hemp oil and protein powders. This, the other part of the conditional use is for the outdoor storage of they propose to have 6 silos on the back of the building and so we wanted to address that upfront so people know that that would be coming. The applicant is Hemp Acres, LLC. The owner is Capstone Investors LLC. As you stated the public hearing is tonight and it goes to City Council on the 27th. The property is located at 2100 Stoughton Avenue. It’s surrounded on 3 sides by the city of Chaska. However it is in the city of Chanhassen. In 1958 Gedney Pickles consolidated their pickle operation at this site. Since then they were in continuous operation until 2019. Then they shut down their operation and the building has been vacant until earlier this year and then we have the easterly tenant moved in on approximately 40,000 square feet and they store Bradley Army vehicles in that building and then this is the westerly 50,000 square feet and they’re going to create the Hemp Acres processing facility. The legal description is quite convoluted and it includes land down on the Minnesota River valley. If you look at the, oh I should have. These sites used to be ponds for the treatment of the brine from the pickle operation so all the manufacturing waste or water were sent down there for treatment. The City of Chaska provides some treatment for the office portion of the building and so there is limited capacity that they provided. The applicant and the property owner need to contact the City of Chaska regarding all that and we’ve had Hemp Acres has had their SAC determination through the Met Council and they owe approximately one SAC unit which will be paid to the City of Chanhassen and then we will forward it to Chaska so. Again the request is for a conditional use permit for food processing and outside storage with the six silos on the westerly 50,000 square feet of the building. The River Valley Business Center is approximately 180,000 square foot building. This would be the second unit that’s occupied. There are approximately 90,000 square feet in the middle two additional units that would, would be able to be occupied for office industrial warehouse uses. However the limitation on those uses would be the ability of sanitary sewer services. The site does have it’s own well so that’s where all their water comes from. There is a potential if Chaska does not have sufficient capacity that they could create an onsite subsurface treatment system and that would be determined as future development comes in place. The property is zoned, is guided for office industrial uses in the City’s 2040 Comprehensive Plan. It’s zoned industrial office park and food processing and outside storage are conditional uses in the IOP district. Basically the 50,000 square foot unit is on the west end. Previously there was Chanhassen Planning Commission – July 7, 2020 3 an open covered dock area that has been removed from the site so it’s no longer there. In the future they’re looking at providing a parking opportunities on the west side of the building. When they propose to do that we will require that they come in with the plan and show us how they’re going to comply with city ordinance for landscaping and parking stall depth and drive aisle width. Access to the site is off of Stoughton Avenue. There’s a chain link fence that has an opening gate that they’ll come in through. The south portion of the building would be for sending out their, what they’re manufacturing. The north side and the silos would be on the northwest corner of the building and that’s where they’ll bring the raw hemp seed, industrial hemp seed into the property. I’ll have the applicant give you more discussion on their operation when they come for their presentation. Again this easterly run is where the armor vehicles are stored and then these two units are vacant right now. And this is a schematic aerial view. They’re proposing some changes to the entrance here to put in the handicap ramp and the addition of the silos on the northwest corner of the building. Their operation would be, the seeds would come in from the northwest corner and go through their conveyance system to the different processing operation. Lots of storage and warehouse in here. Here’s a distribution area that the trucks would take the stuff out. They have a small office portion of the development. We have calculated to see that they comply with city ordinance for parking and they have more than they need for this operation even if it was full capacity. And then Erik is going to discuss the site access, the road system and a little bit on the utilities so he’s on Zoom. Henricksen: Yeah, thanks Bob. Mr. Chair and commissioners, good to see everybody again. Just want to ask everybody hear me okay? This is a new laptop so I just want to make sure I’m coming in fine. Okay, good. So the review of this conditional use permit was unique in the city’s engineering and public works departments due to the site’s location and the surrounding public facilities. As Bob mentioned the site sewer is serviced by the City of Chaska. Water is had from a private well and there is no Chanhassen right-of-way abutting the property. As seen from this slide, the site’s primary access is on Chaska’s portion of Stoughton Avenue even though Chanhassen’s city limits encompass the site. The only right-of-way, the immediate area that is the City’s is a short section of Stoughton. It’s highlighted there in purple. And that section connects to Chaska’s section of Stoughton which then connects Carver County’s Flying Cloud Drive so it’s kind of a pass through right-of-way there. With that in essence there are no direct Chanhassen public services that the site utilizes even though it is fully within the city limit. With this unique situation engineering and public works staff reviewed the conditional use permit based mainly on the intent of Section 20-232 regarding transportation and traffic requirements of conditional use permits. This section essentially limits conditional uses that will create excessive traffic. Based on the proposed use the site does not appear to meet the threshold of excessive. If the site, if the site’s used as either 100 or more vehicle trip ends in any one hour or 750 trips per day a traffic impact study or some traffic analysis will need to be performed to further assess the impacts of the surrounding road network and to determine if the site was generating excessive traffic. As it is the judgment of staff and based on the proposed use there will not be nearly that amount of vehicular traffic. Staff has recommended that the CUP be conditioned that if an intensification of use of the site or expansion of the site is ever proposed then the applicant would be or should be required to provide such a traffic study. This is also in Chanhassen Planning Commission – July 7, 2020 4 align with the County’s review memo provided in your packet. Short and sweet but with that I will turn it back over to Bob. Generous: The one other thing about utility accessibility is the City did in 2015 look at a potential for City of Chanhassen providing services and the study determined that it would be feasible for the City to do it. However this is at the end of the line and it would take at least 3 lift stations to make this work so the timing on this operation is indeterminate right now but just to know that the City does have a potential as this is, if in the future to serve this with city services. Additionally as part of that look at, we’re looking at the potential for extending Engel Boulevard down to the northeast corner of this site to service this whole area. The utility extension would serve all the properties in Chanhassen, not just this one so there are other properties to the east that could connect to it and that as part of the 2015 study we did up guide several of the parcels in the area so they could develop at a more intensive and suburban type use so. With that staff is recommending approval of the conditional use permits for the food processing operation with outside storage of the six silos subject to the conditions of approval in the staff report and adoption of the Findings of Fact and Recommendations. With that I’d be happy to answer any questions. Weick: Thank you Mr. Generous. That was a good presentation. I have one quick question and then I’ll turn it over to the planning commissioners. Do you know the even relative height of the existing building that’s there? Even if it’s an estimate. Generous: I believe it is approximately 30 feet. Weick: Oh it is. Okay. So these silos are going to be roughly the same. Generous: Yeah a little bit higher. Weick: Okay. Generous: That one elevation sort of showed you the relative appearance of the units. Weick: Okay, that’s all I had. I will, I’ll just let our planning commissioners jump in right now if you do have questions for city staff. Reeder: Mr. Chairman? Weick: Yes, thank you. Reeder: Are these, who will own these tanks that we’re going to build? Generous: The applicant. Chanhassen Planning Commission – July 7, 2020 5 Reeder: The applicant but do they own the, are they buying the land? Generous: No they’re leasing it is my understanding. Reeder: So they’ll lease the building or…something that they’re leasing. Generous: Yes and they. Reeder: If they can maybe talk about that a little bit in their presentation. Weick: Other questions for staff? Reeder: All of this variances for outdoor storage is there any outdoor storage allowed? Over this one? Generous: That’s not part of their request. If they were to do additional storage they would have to come in for a separate conditional use permit. Reeder: Okay so just the tanks. Generous: Just the tanks and then of course their semi trailers will be on site but that’s part of their normal operation. Reeder: And if they could cover in their presentation whether there is any kind of an operation like this anywhere else. Just give me… Weick: Thank you Commissioner Reeder. Other comments for staff? Questions? Reeder: I guess I’ve got one more Mr. Chairman. Weick: Yeah please. Absolutely. Generous: The Fire Marshal has been intermittently involved with this so they’re looking at, they’ve already submitted the building permit application so we could get that review going and the Fire Marshal’s involved with that and the building official so and we’ve also had communications with the City of Chaska so. Reeder: Okay maybe they could cover that in their presentation too. Whether there’s any hazard to this operation. I’m really done now. Weick: Alright, fair enough. Any other questions for city staff from the Planning Commissioners? Chanhassen Planning Commission – July 7, 2020 6 Skistad: I guess I have a question. Weick: Yeah, sure. Skistad: Bob how do the wells work? I mean how much water does a well service? I mean I’m assuming it’s, it served Gedney so it probably will be more than adequate. Generous: I believe yes it’s more than adequate. They will not use as much water as the Gedney operation did so. The exact numbers I’d have to ask the building officials. Skistad: And then the holding pond would hold the 250 gallons of discharge? I read somewhere the process discharge was 250 gallons per day. Maybe that’s a question for. Generous: That would be for the applicant. Because they didn’t have any discharge from the manufacturing of the Gedney site but they’re also receiving less sewage to this operation so that’s part of the discussion they need to have with the City of Chaska. Skistad: Chaska, okay. Generous: Because their questions are where is it coming from? What are the connections and. Skistad: Okay. Generous: Which we don’t have, there’s no data like that available in our file so, because everything’s been done through them. Since 1963 they’ve had this agreement in place so. Skistad: Okay. Weick: Thank you Commissioner Skistad. We are open for other comments or questions for city staff at this time. And hearing none at this time I will invite the applicant to come forward. I will summarize, I’m sure you cover some of this in your presentation but I captured four kind of questions. One was is there anything similar in the area. Any type of similar operation. Could you clarify the silos that are being built on leased land. Is there any significant hazard to the operation? And then is there discharge and if so what is the gallon per day and where does that go. Charles Levine: Thanks for having me. My name’s Charles Levine, owner of Hemp Acres. Founder and Chief Operator. So we’re currently located in Waconia on our farm operating a 1,600 square foot facility. So to answer the question about the bins, they are pre-assembled. Meridian Bins is what we’d most likely be using but they’re steel, smooth wall hopper bins that come on a semi trailer and erected in place so it’s not something that’s built. We can physically take them on and off the site. And of other operations, I’m the only one in Minnesota for sure. There’s one operation in Carrington, North Dakota that specializes in flax seed oil that has now Chanhassen Planning Commission – July 7, 2020 7 started doing hemp but this is a brand new crop. Brand new industry and yeah I’m the first one to stick my neck out I guess. Weick: Fair enough. Charles Levine: And sorry was. Weick: Hazards and the. Charles Levine: Oh the only thing would be the milling of the hemp cake which is what we turn into protein powder and that’s all closed controlled systems with dust collectors so. Weick: Okay. Charles Levine: Yeah they’re all enclosed. Weick: And is there any type of water discharge as a result of the operation? Charles Levine: No this is all dry processing so the only use of water is for sanitation, cleaning of the equipment after we’re done using it so our water usage is quite minimal especially compared to what Gedney was doing. I think they were going through like a million gallons a week. Something like that. Weick: Okay. And then just anything you want to tell us about the operation and just kind of what you’re doing and. Charles Levine: Yeah so I brought a few samples. So this is hemp seed. You guys are welcomed to take a look at it but basically the industrial hemp plant is produces one of the most nutritious grains on the planet and through our process we take, it’s a very high oil content seed so we use a cold screw press. Use as really low temperatures to preserve all of the omegas in the oil and we take that through filtering and refining and then we bottle up our own retail, 12 foot ounce bottles all the way up to 55 gallon drums and 250 gallon totes and hopefully tankers as we expand. And so it has a really wide diverse range of applications. Everything from industrial lubricants to like nutripheuticals, cosmetics, salad dressings, hair products so that’s the oil. And then the cake is what is the by product of when you squeeze the oil from the seed which is rich in protein and fiber and so we take that, really similar to like a soy bean operation where we take that. Mill it. Pulverize it. Sift it and then we grade out certain different levels of protein which are food grade proteins that vegans, vegetarian plant based options. It’s like whey protein but all from seed. And then there’s also the de-hulling of the seed where you’re breaking off the outer shell which is the inner heart. That can go straight into bags. You can also take that and make milk out of it too. And you can take the whole seed and roast it. Add different flavors just like sunflower seeds so these are all the applications that we would be using with the hemp grain and contracting to start we’ll be doing 5,000 to 10,000 acres of local growers in the area to grow Chanhassen Planning Commission – July 7, 2020 8 industrial grain for us and bring it to us. Process and turn it into food and all sorts of different applications. Weick: Awesome. Can you, are you able to take some questions? I assume there might be some from the commission. I will kick it off and I’ll give people a chance to maybe collect their thoughts with a couple of questions, and I think you answered this but are you farming anywhere or no? Charles Levine: Yes. Weick: You are? Charles Levine: On our farm in Waconia. Weick: Okay. Charles Levine: We’ve set up, I’ve been growing since 2016 and I first got into this learning how to properly grow it and process it so we do, we also do CBD production on the farm and all of our cannabinoid production will stay on the farm. The grain side of the operations will be leaving the farm. Weick: And then you’ll also contract with other farmers? Charles Levine: Yes, yep. Yeah I won’t be supplying the grain for our process. Weick: Oh okay. Charles Levine: We’re looking to contract with a number of different farmers. Weick: Okay, got it. So that answers a couple questions there. And then do you do like aerate or, and I’m thinking more from like anything motorized like drying or aeration within your silos in order to keep that seed from mildewing or anything? Charles Levine: No, so that’s all done on the farm. Weick: Okay. Charles Levine: I would treat it just like any other commodity. Weick: Okay. Charles Levine: A farmer would harvest it. Put it in their bin. Dry it down to 9 percent moisture so we only accept grain at 9 percent. Chanhassen Planning Commission – July 7, 2020 9 Weick: Okay. Charles Levine: And then at that it’s stable. We don’t have to do any further drying and the rate at which we’re processing, we’re emptying one bin. Filling another bin. Emptying that bin and processing it so it never, it’s very rare that it’s sitting there stagnant. Weick: Okay, perfect. With that maybe I’ve given a chance for the commissioners to collect their thoughts and we’ll certainly open it up for questions at this time. Just go ahead and jump in if you have a question. Skistad: My question originally was on odors. Some of the staff mentioned that they did travel to look at the facilities and that that sounds like with only 9 percent moisture in there that really isn’t going to be an issue. Charles Levine: No. The odor portion of the process would come from like CBD production which is very similar to marijuana so that skunky aroma is really prevalent in those types of biomass processes but with the grain it’s really there’s no scent. No odor. No taste really. It’s a very bland product. You can smell that bag. It doesn’t really smell like anything. Skistad: Yeah. Thank you for bringing the samples in. Reeder: Mr. Chairman? Weick: Yes. Reeder: Is there a by product? Is everything you, is there anything left over after you… Charles Levine: Everything is used. Nothing goes to waste. Reeder: So there’s no? Charles Levine: No, in fact there. Reeder: Anything going to the dump. Charles Levine: No, no. In fact if the cake, if we can’t turn all of it into protein powder it’s an incredible source for livestock feed so any excess would be going to feed lots, yeah. Reeder: That’s pretty nice to be able to use it for other things. Chanhassen Planning Commission – July 7, 2020 10 Charles Levine: The only waste from the process is the filter aid which are minerals that we add to the oil to do the filtering and even that has been shown to have re-uses and applications either as like a fertilizer or feed. Reeder: And if you couldn’t find a place for that what would you do with it? Charles Levine: I would haul it to my farm and spread it on my field. As fertilizer. But mostly it’s, everything has an end use. Reeder: I did have a question earlier. Was there any other outside storage that you’ll need? You’re not asking for anything. Charles Levine: No. No not at this time. Just grain bins. Reeder: Okay. Maybe a question for staff. If we did have an odor problem how do we deal with that? Generous: If we discovered an odor problem we would work with the manufacturer to address that either through a filtration system, whatever. That’s where that, what our CUP is talking about. What are their plans for mitigating any odors in there so. And again we don’t anticipate that this processing would create anything that we would need to address. Reeder: It’s got to be better than pickles. Generous: Definitely. Weick: Thank you Commissioner Reeder. Any other questions for our applicant from any other commissioners in the Zoom meeting at this time? Von Oven: Commissioner Von Oven here. If we’re going to cover sight through the height of the silos and odor through the comparison to pickles we should probably cover sound so can you just make some comments on whether or not we would expect any greater noise in the area for the people that are living around? Is it all self contained within the building or is it literally just the sound of trucks coming in and out bringing hemp seed? Charles Levine: Yeah so the loudest piece of equipment would be our air handlers which would sit out by the bins and I provided Bob with noise data sheet from our equipment manufacturer. It’s about 90 decibels. We can enclose that in a little hut basically. Many farms do that. They have air handlers on their farm and they just build a shed around to, it will cut the sound down by half at least. So we can do that. We’ll probably do it anyway for our own peace of mind. Generous: That’s the information I found out too based on what they provided. They meet OSHA requirements but if they can cut it down and…says that I calculated that the noise level at Chanhassen Planning Commission – July 7, 2020 11 the property line should be about 66 decibels which is conversational so. Well right next to the equipment it would be about 85 to 90 decibels. That’s still within the guidelines so. Charles Levine: It’s a loud electric motor. A 75 horsepower motor so it draws some power but again very easily contained. Von Oven: Great, thank you. Weick: Thanks Commissioner Von Oven. Any other questions for our applicant at this time? Thank you everyone and hearing no questions, thank you for obliging us with, teaching us a little bit about your operation and what you’re going to do on the property. I think it’s a neat business so thank you. Charles Levine: Thank you. Weick: And thank you for showing us the samples as well. For those of you that weren’t in the room there’s samples of the cake and the seed and some of the oil final products that are sold. With that we will open the public hearing portion of tonight’s item. I don’t believe we received any email correspondence on this item. Generous: No. Weick: No. Anyone present in the chambers who would like to come forward and make a comment is free to do so at this time. Generous: We didn’t even receive a phone call on this one except for the City of Chaska. Weick: Okay fair enough. Seeing nobody come forward and having nobody on the phone lines, in front of you there Mr. Generous? Okay. I will close the public hearing portion of tonight’s item and open it for commissioner discussion. Comments. Motions. I will open the floor. While you might be collecting your thoughts I guess I will say that again that you know based on that this processing really has no, you know no leftovers to it really. They’re using everything that they can. A great opportunity I think. You know I don’t know a whole lot about the business but it certainly sounds like a strong business plan and certainly a market that is growing. I mean I think it’s nice to have someone using that location. That old location for a new purpose. And you know all the questions were answered. I think we talked about, potentially I was, Commissioner Von Oven I was also thinking when I was talking about like aeration or drying of those outside silos I was thinking like will there have to be motors or noise or things running so it doesn’t sound like that’s going to be an issue for us. So it certainly checks a lot of boxes for me. Other comments from commissioners? Reeder: Mr. Chair I do have one more question which I forgot to ask. Is Minnesota a great place to grow this stuff? I mean do you think you’ll have an ample supply? Chanhassen Planning Commission – July 7, 2020 12 Charles Levine: Absolutely. So little history of hemp. There was the largest hemp processing facility in the world was located in Hutchinson and if you talk to any old timers around here they’ll say oh yeah my dad grew hemp for the war. And you know back then there was, cannabis has a really interesting history but specifically for the war they re-legalized it. Subsidized it heavily and Hutchinson was the largest facility. It was called War Hemp Industries and farmers all across the state grew it and brought their hemp there and to another couple hemp mills in the state but now it’s 3M’s facility in Hutchinson. And so yeah I mean the history of hemp, the Declaration is written on hemp paper. The old 10 dollar bills that showed hemp. Yeah there’s a lot of history and it grows really well. Invite you to my farm. You can see how well it grows so yeah. Oh and one other thing I’d like to mention too. The stalks, that’s what you hear hemp is good for rope but that’s where it comes from is from the stalks and we have anticipations of later down the road to be developing processes for the fiber stalks to turn into batteries, concrete, plastics and composites. You can make batteries that are 20 percent more efficient than with the mien with hemp fiber. So it’s a totally different way of looking at agricultural crops. We can be growing batteries and houses and plastic so. Weick: That’s really cool, thank you. Thank you Commissioner Reeder. Other comments from you? Reeder: I’m done. Weick: Any other discussion for the meeting or I can certainly entertain a motion. Reeder: Mr. Chairman I would move that the Chanhassen Planning Commission recommends the City Council approve the Conditional Use Permit for food processing operation with outdoor storage for six 35 foot silos subject to the conditions of approval and adopts the Findings of Fact and Recommendation. Weick: Thank you Commissioner Reeder. We have a valid motion. Do we have a second? Randall: Second. Weick: We have a second from Commissioner Randall. Before we vote any final comments on the item? Hearing none we’ll go ahead and have a roll call vote. I’ll call your name and indicate either aye or nay. Reeder moved, Randall seconded that the Planning Commission approve the Conditional Use Permit to allow Hemp Acres to process food products from hemp seeds and allow the construction of six 35-foot tall silos based on the plans prepared by Phillip D. Johnson, Architect, dated April 4, 2020, subject to the following conditions: Chanhassen Planning Commission – July 7, 2020 13 Building: 1) A building permit will be required for unit improvements, silo installation, and unit remodeling. Engineering: 1) If an intensification or increase in use or an expansion is requested for the site, a traffic analysis will be required to determine the volume of traffic the new site will generate. 2) Any future intensification of the site usage shall investigate the use of the driveway access to Audubon Road. Natural Resources: 1) The applicant shall work with city staff to finalize a planting plan. 2) The applicant shall incorporate a landscape buffer along the north side of the building, which includes Autumn Blaze maple, Siouxland poplar, Black Hills spruce and Amur maples. 3) The front planting areas shall have wood mulch as a ground cover. 4) All proposed parking lot landscape islands and peninsulas shall comply with City Code. Planning: 1) When the site is redeveloped or the usage intensifies, the existing pickle tanks shall be removed from the property unless they are used as part of the building tenant operation. Water Resources: 1) Updated plans illustrating the total land disturbance activities associated with all site improvements shall be submitted for review and approval by the city. And adoption of the Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Weick: That motion carries unanimously 6-0. And we with that, thank you again to everybody for presentation. Staff as well as the applicant and good questions on behalf of the commissioners. I’m looking forward to seeing that business prosper for Chanhassen. PUBLIC HEARING: CONSIDER A REQUEST FOR A SETBACK VARIANCE AT 7701 FRONTIER TRAIL. Weick: MacKenzie. Chanhassen Planning Commission – July 7, 2020 14 Walters: And just to note this item if appealed would appear on the July 27th City Council meeting. As mentioned this is a variance to construct an open porch with a zero foot lot line setback at 7701 Frontier Trail. So this is located in the oldest part of the city. It’s zoned Residential Single Family. The lot in question is a corner lot. Modern zoning standards would require a 15,000 square foot lot, 30 foot setbacks from both street frontage, 10 foot side yard setbacks for the non-street lot lines and limited to 25 percent lot cover. The parcel in question is just under 10,000 square feet. Has about 16 percent lot cover. It has a non-conforming zero foot front yard setbacks along both the north and the west lot lines. Portion of the home and eaves encroach into the city right-of-way. The detached garage has a non-conforming 4 ½ foot front yard setback but it does appear to meet the other aspects of the city zoning code. So the applicant is proposing to reorient the main entrance of the house which currently exits directly into the right-of-way. They are proposing to shift it south and then construct an 8 by 25 ½ foot open porch to maintain, which would maintain the home’s existing setback along the lot line. The moved reoriented entryway will increase safety. The porch will provide protection from elements and improve the façade of the home. The setback they’re requesting they believe is necessitated by the existing placement of the home on the lot. The porch being further back from the intersection will not in any way negatively impact sight lines. Because it is open style it’s not expected to significantly increase the visual mass of the home. The porch has been designed to be architecturally compatible with the existing structure. Staff looked over the area. We noted that of 6 houses along the two block stretch of Frontier Road 4 have zero foot setbacks. Again this is one of the oldest parts of the city. Stuff was built where it was built. Staff agrees that reorienting the entrance will improve the property. We believe the existing placement of the home justifies the requested setback and is reasonable relief for a non-conforming property. Staff is concerned about allowing the porches eaves to encroach 4 feet into the right-of-way. Several of the neighborhoods throughout the city that also have homes built right up to lot lines where road right-of-ways are much smaller. Much more constricted and staff is concerned about establishing that precedent of allowing encroachments into the public right-of-way. Engineering staff has noted that in the future they will be conducting a street project in this area and they are eager to minimize any encumbrances with the right-of-way. That being said staff is recommending approval of the requested variance with the condition that the porch be redesigned so the eaves do not encroach into the right-of-way. And I’d be happy to take any questions at this time. I know I went through that pretty quick. Weick: Nope that’s probably fine. Thank you MacKenzie. I will open it up for our commissioners. Any questions for MacKenzie regarding this variance? Noyes: Commissioner Noyes here. Is the redesign of the eaves to satisfy the requirements here? Is that easily done or is that kind of a difficult or burdensome change that would need to be made? Chanhassen Planning Commission – July 7, 2020 15 Walters: I would defer that to the applicant. They’d be in a better position to discuss the architectural implications. Staff’s belief is that it is a viable change but again I think they are the best party to address that question. Noyes: Okay thank you. Walters: Yep. Reeder: Mr. Chairman? Weick: Yes sir. Reeder: Is the overhang just on the end of the porch? Show me where it overhangs. Walters: Yep so if you look at this picture right here, the lot line would go. Reeder: We don’t have it. Walters: Oh could we get the power point up please? Reeder: There you go. Walters: If you look at the edge of the house the lot line basically runs parallel with the wall so the overhang is that kind of 4 foot there. Off the edge of the house that would go into the street. The existing house has approximately a 2 foot eave that would run you know there that’s not shown on this drawing. Here’s a good example. Again keep in mind the foundation of the house is basically paralleling the lot line. Reeder: So that’s why I thought it was just the end piece that’s going to have to be redesigned. Walters: That’s the recommendation yes. Reeder: Right. Weick: Thank you Commissioner Reeder. Other questions or a need for clarification of MacKenzie. Okay hearing none thank you MacKenzie. I would invite the applicant if present to come forward. Just state your name and address for the record and tell us about the project and certainly if you can address the eaves question that’d be great. Dan Burke: Sure, that’s the main issue. My name’s Dan Burke. I live at 225 West 77th Street. Lived there for 36 years and this has been my neighbor. I bought my neighbor’s house when he moved. And in the neighborhood, I don’t know if any of you know the house but I’m kind of the hero in the neighborhood at this point for it’s been cleaned up considerably at this point. I get a Chanhassen Planning Commission – July 7, 2020 16 lot of people walking by and giving me thanks for fixing the neighborhood. And the only thing I can say about the overhang is, the existing and if you go back to that one picture of the drawing. Or not of the drawing, of the rendition there. The overhangs on the existing house are about a foot. Not two feet. About a one foot overhang and I would happily reduce the overhang from 4 feet but I’ve requested I make it down to the existing overhangs of the above part because that would allow me to put a kind of a gable end on the end of that porch versus the hip roof design that it has now and that really I think would fit in with the other overhangs and the other lines of the house. And other than that I really, the house was built in 1896. I think it’s the second oldest standing house in the city right now. The oldest one I believe is on West 78th Street and it was built a year earlier. And the third oldest house is about 2 houses down so it’s an old neighborhood and we have a lot of issues with the old houses and I want to maintain it. I don’t want to, I mean my alternative would be to just tear it down and I don’t want to do that so, and having looked at it for the last 36 years I think a porch would genuinely improve the looks of the house on the south side. And moving the entrance will greatly improve just the appeal of the house and the safety of walking out onto the main street of, on Frontier Trail so that’s why if you have any questions I’ll gladly answer them but I would like to have the one foot just to be able to really match the character of the rest of the house and with that. Weick: Great, yes. And I think I echo your neighbors in saying thank you as well. You’re brave. Dan Burke: Oh you don’t know the least of it. This is the least part of it. Weick: I can only imagine. Dan Burke: But I don’t know where you live but so I think you’ve driven by the house once or twice. Weick: I run by there. Dan Burke: Oh okay. Weick: It’s great back in there it’s fun so. Dan Burke: Yeah it’s a great run. It’s a great neighborhood. Weick: Yeah. Dan Burke: And the neighborhood’s changing with all the other houses and there’s so few that are left from the original that it’s nice to have somebody crazy enough to try to save one. Weick: I say brave. Not crazy. Chanhassen Planning Commission – July 7, 2020 17 Dan Burke: …That’s my presentation. I’d just like to have a one foot overhang. Any other questions I’ll be happy to answer. Weick: Yeah and certainly would open it up to our commissioners with any questions for the applicant. Or comments. Von Oven: Yes so, Commissioner Von Oven here. Just I guess a clarification on that last piece. I’m not sure how exactly to do this but you know I’m looking at the staff report and on page 6 of the staff report there’s the rendering that we’ve been using. Dan Burke: Right. Von Oven: The proposed and then the existing. Is what you’re saying in the existing picture the roof line that I’m seeing come out. Dan Burke: What I would call a shed roof line that’s directly to the house, the main roof along the whole thing. I would envision that, that part of it coming to the edge of the house and then at, and then one foot beyond that have a gabled roof like a triangle at the end of that to have a slight overhang over the stairways coming up and so I can, because that’s now the main entrance to the house. Give me a little protection for somebody coming up the steps. The basically triangle gable roof right there right on the very end of that I think would fit in with the architecture of the other dormers and everything else on the house so. That’s what I’m looking at doing is moving that little part that’s going up to the house. Moving that all the way to the end but then the overhang itself only being a one foot overhang which matches the rest of the house so that’s what I’m looking at doing. Weick: Got it. Von Oven: And then as a follow up staff went through their findings. They recommended zero based on a desire not to have any overhang. Did you come back to staff with exactly what you’re proposing or is this, would this be the first time they’re hearing that part of the proposal? Dan Burke: Well yes I did. I came back to them. They were already writing this report and MacKenzie told me that if I came back to the meeting and asked for this same protrusion over the lot line that the staff would support that. Now MacKenzie’s here he can argue with me but that’s what he told me on the phone. Walters: I will absolutely confirm that. The report had already been published at that juncture. We did discuss it with the City Engineer and engineering staff. They agreed that given the existing encroachment, as long as it was kept to existing they were comfortable granting the encroachment agreement so staff would wholeheartedly support the proposal. Von Oven: So that’s helpful, thank you so much. That’s all I have for now. Chanhassen Planning Commission – July 7, 2020 18 Weick: Thanks for that clarification Commissioner Von Oven. Reeder: So Mr. Chairman MacKenzie the overhang on the top of the roof is that a foot too? Is that what we’re saying that we’ll have it the same? Walters: Yes that is my intent. Dan Burke: The overhang on the main roof up above is a foot. So it’s just going to match it. Looks like it had been there. Reeder: I think that’s for staff consideration for the future things that we consider we’re matching existing things that were done, yeah. I’m comfortable with that. Weick: Other questions for our applicant? All very good so far. Okay hearing none thank you very much. Dan Burke: Thank you. Weick: Again we appreciate what you’re doing in the neighborhood. At this time I will open the public hearing portion of this item. Anyone present wishing to come forward and provide comment on this item may do so now. The call in number is on the screen. We’ll keep an eye on the phone and see if we get a caller and we did receive an email. It was in favor MacKenzie I believe of this variance. Walters: I will summarize it while we wait to see if we get any calls. This email is from Paula and Jack Atkins, 220 West 78th Street, Chanhassen. They support the variance request by Dan Burke for the house at 7701. They say he’s made great efforts to improve the quality and attractiveness of the neighborhood’s housing stock. They think the plan upgrades are tasteful and well thought out and they think these small lots and extraordinary setback requirements in this area are a hardship in and of themselves. Weick: Thanks MacKenzie and again that email will be summarized, or included in it’s entirety in the record as this item moves forward. Things are quiet I believe. Mr. Generous there’s no calls so with that and seeing no one come forward I will close the public hearing portion of this item and open it for commissioner discussion and/or a motion. I would just say based on what I’ve heard so far, I think what we would add to the motion is that we would, or a possible motion would read that we would allow the applicant to match the existing overhang. I think there’s, whether it’s a foot or 13 inches or whatever it is. I think in the spirit of this if we so desire the motion could be to match the existing architecture of the overhang with the porch. It sounds like that would be acceptable to city staff as well as the applicant. Chanhassen Planning Commission – July 7, 2020 19 Walters: Staff has directed a sample language where the commission would direct, would approve it subject to conditions of approval as amended. So maybe to direct staff to so amend it. We would alter the variance document and that would be able to go forward. Weick: That’d be even easier. Thank you. But before we jump to that, I don’t want to jump the gun if there’s any other comments or discussions. If not I certainly would accept a motion. Noyes: Commissioner Noyes here. I would propose a motion. The Chanhassen Board of Appeals and Adjustments approve a 40 foot front setback variance for the construction of an open porch subject to the conditions of approval as amended and adopts the attached Findings of Fact and Decisions. Weick: Thank you Commissioner Noyes. We have a valid motion. Do we have a second? Von Oven: Second. Weick: We have a second I believe from Commissioner Von Oven. Von Oven: Correct. Weick: Yes. Wonderful, thank you and with that we will open for any final comment or discussion for the record on the item. Hearing none we will have a roll call vote. Noyes moved, Von Oven seconded that the Chanhassen Board of Appeals and Adjustments approve a 40 foot front setback variance for the construction of an open porch subject to the conditions of approval as amended and adopts the attached Findings of Fact and Decisions. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Weick: I am also in favor which is a unanimous 6-0 decision in favor of the variance. Thank you to everyone involved. City staff as well as the applicant. Good luck. And look forward to seeing your improvements in the neighborhood. Thank you very much. With that we will move to the third and final item on tonight’s agenda. PUBLIC HEARING: CONSIDER AN AMENDMENT TO THE CHAPARRAL PLANNED UNIT DEVELOPMENT (PUD) ORDINANCE TO CORRECT A TYPOGRAPHICAL ERROR. Generous: Planning Commissioners, Planning Case 2020-10 is for an amendment to the Chaparral Planned Unit Development. Tonight’s the public hearing. It goes to City Council on July 27th. The City’s correcting this. We’ve had discussion with a property owner who would like to subdivide their land within part of Chaparral. However when you look at the ordinance we discovered that the intent portion of the ordinance and the permitted uses in the ordinance did not match and so we’re here to correct that. Chaparral subdivision is located east of Powers Chanhassen Planning Commission – July 7, 2020 20 Boulevard, south of Carver Beach, west of Kerber and Nez Perce. It’s a mixed use development. It has single family detached housing, twin homes and fourplexes within the development. It’s zoned planned unit development residential. It’s guided for residential low density and residential medium density in the 2040 Comprehensive Plan. This property started in the 80’s and it was approved for development. At the time they approved planned unit developments through development contracts rather than through zoning ordinances in establishing all the setbacks and height and coverage requirements. In 2012 the City went through the process of amending 43 residential planned unit developments to codify them to incorporate all the design standards that were in there. When we did this we picked up the intent portion which was the first and second phases had 95 and 74 single family homes but when we codified the permitted uses they only put the 74 homes from the 2nd Addition. This amendment will correct that. We’ll make a total of 169 single family homes permitted. Additionally the City approved addendums in 1988 and 1999 to govern the construction of decks and porches within the development. However that was not incorporated in the ordinance and so we want to bring that, put it all in one place so people know exactly what zoning, what the requirements are under their PUD. Those are the two corrections to the ordinance that we’re proposing. It doesn’t change any other intent or purposes. Any lot size. All of that would remain the same. We’ve had numerous calls regarding this ordinance. Once I found out what the correction was they had no issues. There was a question about existing non-conforming structures out there. Decks didn’t comply with those, with the addendum. What would happen. The City would treat those as legal non- conforming and so they would be able to maintain it. We would have all future development would have to comply if anyone wants to put in a new deck but anything that’s there could stay and be maintained including taking it out and replacing it with new material so everything would stay as it is. Again there’s two sections of the ordinance and it’s Permitted Uses B. We strike out the 74 single family homes and replace that with 169. And then we add the deck requirements so that’s what we’re proposing. We’re recommending that the Planning Commission recommend approval of the amendment to the Chaparral Planned Unit Development zoning to correct the internal inconsistencies and adopt the Findings of Fact and Recommendation. With that I’d be happy to answer any questions. Weick: And we’ll go ahead and open it right up to commissioners. Questions for Mr. Generous. Von Oven: I apologize if I’m sort of just repeating what you just said but just to clarify, by correcting this it will be as if the error was never made meaning all rules would stay the same. Anything that’s already happened has happened. Everyone’s good right? Generous: That’s correct. All the rules would be as it was originally approved so. Von Oven: Yeah, thank you. Weick: Great. Chanhassen Planning Commission – July 7, 2020 21 Reeder: Mr. Chairman I have no problem with this as long as the perpetrators of this drastic mistake have been…admonished for that. Weick: We will certainly attempt to do that now that it’s on the record. Any other concerns or comments or questions? Hearing none and with the City as the applicant, we’ve already heard from the applicant correct so we will open up the public hearing portion of this item. Anyone wishing to come forward and comment on this item may do so at this time. We are also displaying the call in number if you are watching from Zoom or from home. I don’t believe we had any email comment on this item, although you did mention we had some phone calls but you summarized that, yeah. I have delayed enough. Seeing no one come forward here in chambers and with nobody calling in on the telephone I will close the public hearing portion of this item and open for commissioner comments and/or a motion. If we could put that motion up. There we go. Skistad: I guess my only question is we didn’t catch anyone, I mean the decks or with how the decks are, we wouldn’t expect anyone to have built a different kind of deck so we should be, you know unless they came in with a variance right? Generous: Right. Skistad: Okay. Weick: Thank you. Any other comments, questions. I would also accept a motion. Von Oven: I’ll make a motion. The Chanhassen Planning Commission recommends City Council approve the amendment to the Chaparral Planned Unit Development-Residential zoning to correct the internal inconsistency and adopts the Findings of Fact and Recommendation. Weick: Thank you we have a valid. Oops what? We have a valid motion from Commissioner Von Oven. Do we have a second? Randall: I’ll second that. Weick: Sorry for jumping the gun there Commissioner Randall. Randall: That’s alright. Weick: We have a motion and a second. Any final comment for the record? And hearing none we will commence a roll call vote. Von Oven moved, Randall seconded that the Chanhassen Planning Commission recommends City Council approve the amendment to the Chaparral Planned Unit Development-Residential zoning to correct the internal inconsistency and adopts the Chanhassen Planning Commission – July 7, 2020 22 Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Weick: This item passes unanimously. Six ayes, zero nays. Thank you Mr. Generous. I’m sure future Planning Commissions will be happy we got this corrected for them. It will solve many problems. That is our final item this evening. APPROVAL OF MINUTES: Commissioner Skistad noted the verbatim and summary Minutes of the Planning Commission meeting dated June 16, 2020 as presented. ADMINISTRATIVE PRESENTATIONS. Weick: Any administrative updates? Generous: We haven’t been sending much to the City Council so I don’t have anything to add. I do have some bad news. There’s no meeting on the next meeting in July and the first meeting in August. We didn’t have any applications. We anticipate a couple for the second meeting in August so, but they still have another week and a half. Walters: July 17 th I believe. Generous: Is for submittals. Weick: Okay. Generous: We’ll let you know. Weick: We will stay on notice. Thank you. Generous: And then if anyone’s going to be gone on the August 18th meeting if they could let us know early so. Weick: Okay. We will do that. So check your calendars. We have a little bit of time but let Kate know if you won’t be able to make August 18th. Any presentations from the commissioners? Comments. Certainly want to give everyone a chance to be heard. With that I would accept a motion for adjournment. Reeder moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at 8:20 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CHANHASSEN PLANNING COMMISSION REGULAR MEETING JULY 7, 2020 Chairman Weick called the meeting to order at 7:15 p.m. MEMBERS PRESENT: Steven Weick, Mark Randall, Doug Reeder, Laura Skistad, Eric Noyes, and Mark Von Oven MEMBERS ABSENT: Michael McGonagill STAFF PRESENT: Bob Generous, Senior Planner; MacKenzie Walters, Associate Planner; Erik Henricksen, Project Engineer; Richard Rice, IT Manager; Matt Kerr, IT Support Specialist; and Jean Steckling, Senior Admin Support PUBLIC PRESENT: Phil Johnson 9116 34th Avenue, New Hope Dan Burke 225 West 77th Street Charles Levine 8420 County Road 10E Weick: Thank you for obliging us with that. As you have noticed this is a little different meeting format for us. We’ve done it for the past couple of meetings but please be patient as we work through any audio or video difficulties this evening. Again I would remind all commissioners please don’t hold any chats, discussions or text messages on the side through the Zoom application. All of our discussions need to be public and on the record. Tonight we have 3 public hearing items on the agenda. Staff will begin with the presentation of the item. At that time we will have time for comments or questions from the Planning Commission. Then the applicant will be able to make a presentation. After the applicant makes a presentation we can ask questions of the applicant or get clarifications on the project directly from them. At that time we will have a public hearing. In the public hearing we will summarize any emails we’ve received. For the record anyone here present in the chambers may come up to the podium. State their name and address for the record and make a comment on the item. And we will also have the opportunity for telephone calls. The telephone number will be prompted at the bottom of the screen at the appropriate time. You may call in and make a comment as well if you so desire. Once everyone has had a chance to be heard through one of those 3 methods we will close the public hearing. The commission will then again have time for comments and discussion amongst themselves and then we can take a vote on the item. We’ll do that for all 3 items this evening. Chanhassen Planning Commission – July 7, 2020 2 PUBLIC HEARING: CONSIDER A REQUEST FOR A CONDITIONAL USE PERMIT (CUP) FOR FOOD PROCESSING AND OUTDOOR STORAE FOR SIX SILOS ON PROPERTY LOCATED AT 2100 STOUGHTON AVENUE (HEMP ACRES). Weick: The first item on our agenda is item number 2020-09 and will be in front of City Council on July 27th. It is a request for a conditional use permit for food processing and outdoor storage located at 2100 Stoughton Avenue and the name is Hemp Acres. And is that Mr. Generous, yes. We’ll turn it over to you Bob. Generous: Chairman Weick and commissioners. I was hoping that our presentation would come up on my PC. There we go, thank you. As you stated Planning Case 2020-09 is a conditional use permit request for food processing operation to process industrial hemp seeds into hemp oil and protein powders. This, the other part of the conditional use is for the outdoor storage of they propose to have 6 silos on the back of the building and so we wanted to address that upfront so people know that that would be coming. The applicant is Hemp Acres, LLC. The owner is Capstone Investors LLC. As you stated the public hearing is tonight and it goes to City Council on the 27th. The property is located at 2100 Stoughton Avenue. It’s surrounded on 3 sides by the city of Chaska. However it is in the city of Chanhassen. In 1958 Gedney Pickles consolidated their pickle operation at this site. Since then they were in continuous operation until 2019. Then they shut down their operation and the building has been vacant until earlier this year and then we have the easterly tenant moved in on approximately 40,000 square feet and they store Bradley Army vehicles in that building and then this is the westerly 50,000 square feet and they’re going to create the Hemp Acres processing facility. The legal description is quite convoluted and it includes land down on the Minnesota River valley. If you look at the, oh I should have. These sites used to be ponds for the treatment of the brine from the pickle operation so all the manufacturing waste or water were sent down there for treatment. The City of Chaska provides some treatment for the office portion of the building and so there is limited capacity that they provided. The applicant and the property owner need to contact the City of Chaska regarding all that and we’ve had Hemp Acres has had their SAC determination through the Met Council and they owe approximately one SAC unit which will be paid to the City of Chanhassen and then we will forward it to Chaska so. Again the request is for a conditional use permit for food processing and outside storage with the six silos on the westerly 50,000 square feet of the building. The River Valley Business Center is approximately 180,000 square foot building. This would be the second unit that’s occupied. There are approximately 90,000 square feet in the middle two additional units that would, would be able to be occupied for office industrial warehouse uses. However the limitation on those uses would be the ability of sanitary sewer services. The site does have it’s own well so that’s where all their water comes from. There is a potential if Chaska does not have sufficient capacity that they could create an onsite subsurface treatment system and that would be determined as future development comes in place. The property is zoned, is guided for office industrial uses in the City’s 2040 Comprehensive Plan. It’s zoned industrial office park and food processing and outside storage are conditional uses in the IOP district. Basically the 50,000 square foot unit is on the west end. Previously there was Chanhassen Planning Commission – July 7, 2020 3 an open covered dock area that has been removed from the site so it’s no longer there. In the future they’re looking at providing a parking opportunities on the west side of the building. When they propose to do that we will require that they come in with the plan and show us how they’re going to comply with city ordinance for landscaping and parking stall depth and drive aisle width. Access to the site is off of Stoughton Avenue. There’s a chain link fence that has an opening gate that they’ll come in through. The south portion of the building would be for sending out their, what they’re manufacturing. The north side and the silos would be on the northwest corner of the building and that’s where they’ll bring the raw hemp seed, industrial hemp seed into the property. I’ll have the applicant give you more discussion on their operation when they come for their presentation. Again this easterly run is where the armor vehicles are stored and then these two units are vacant right now. And this is a schematic aerial view. They’re proposing some changes to the entrance here to put in the handicap ramp and the addition of the silos on the northwest corner of the building. Their operation would be, the seeds would come in from the northwest corner and go through their conveyance system to the different processing operation. Lots of storage and warehouse in here. Here’s a distribution area that the trucks would take the stuff out. They have a small office portion of the development. We have calculated to see that they comply with city ordinance for parking and they have more than they need for this operation even if it was full capacity. And then Erik is going to discuss the site access, the road system and a little bit on the utilities so he’s on Zoom. Henricksen: Yeah, thanks Bob. Mr. Chair and commissioners, good to see everybody again. Just want to ask everybody hear me okay? This is a new laptop so I just want to make sure I’m coming in fine. Okay, good. So the review of this conditional use permit was unique in the city’s engineering and public works departments due to the site’s location and the surrounding public facilities. As Bob mentioned the site sewer is serviced by the City of Chaska. Water is had from a private well and there is no Chanhassen right-of-way abutting the property. As seen from this slide, the site’s primary access is on Chaska’s portion of Stoughton Avenue even though Chanhassen’s city limits encompass the site. The only right-of-way, the immediate area that is the City’s is a short section of Stoughton. It’s highlighted there in purple. And that section connects to Chaska’s section of Stoughton which then connects Carver County’s Flying Cloud Drive so it’s kind of a pass through right-of-way there. With that in essence there are no direct Chanhassen public services that the site utilizes even though it is fully within the city limit. With this unique situation engineering and public works staff reviewed the conditional use permit based mainly on the intent of Section 20-232 regarding transportation and traffic requirements of conditional use permits. This section essentially limits conditional uses that will create excessive traffic. Based on the proposed use the site does not appear to meet the threshold of excessive. If the site, if the site’s used as either 100 or more vehicle trip ends in any one hour or 750 trips per day a traffic impact study or some traffic analysis will need to be performed to further assess the impacts of the surrounding road network and to determine if the site was generating excessive traffic. As it is the judgment of staff and based on the proposed use there will not be nearly that amount of vehicular traffic. Staff has recommended that the CUP be conditioned that if an intensification of use of the site or expansion of the site is ever proposed then the applicant would be or should be required to provide such a traffic study. This is also in Chanhassen Planning Commission – July 7, 2020 4 align with the County’s review memo provided in your packet. Short and sweet but with that I will turn it back over to Bob. Generous: The one other thing about utility accessibility is the City did in 2015 look at a potential for City of Chanhassen providing services and the study determined that it would be feasible for the City to do it. However this is at the end of the line and it would take at least 3 lift stations to make this work so the timing on this operation is indeterminate right now but just to know that the City does have a potential as this is, if in the future to serve this with city services. Additionally as part of that look at, we’re looking at the potential for extending Engel Boulevard down to the northeast corner of this site to service this whole area. The utility extension would serve all the properties in Chanhassen, not just this one so there are other properties to the east that could connect to it and that as part of the 2015 study we did up guide several of the parcels in the area so they could develop at a more intensive and suburban type use so. With that staff is recommending approval of the conditional use permits for the food processing operation with outside storage of the six silos subject to the conditions of approval in the staff report and adoption of the Findings of Fact and Recommendations. With that I’d be happy to answer any questions. Weick: Thank you Mr. Generous. That was a good presentation. I have one quick question and then I’ll turn it over to the planning commissioners. Do you know the even relative height of the existing building that’s there? Even if it’s an estimate. Generous: I believe it is approximately 30 feet. Weick: Oh it is. Okay. So these silos are going to be roughly the same. Generous: Yeah a little bit higher. Weick: Okay. Generous: That one elevation sort of showed you the relative appearance of the units. Weick: Okay, that’s all I had. I will, I’ll just let our planning commissioners jump in right now if you do have questions for city staff. Reeder: Mr. Chairman? Weick: Yes, thank you. Reeder: Are these, who will own these tanks that we’re going to build? Generous: The applicant. Chanhassen Planning Commission – July 7, 2020 5 Reeder: The applicant but do they own the, are they buying the land? Generous: No they’re leasing it is my understanding. Reeder: So they’ll lease the building or…something that they’re leasing. Generous: Yes and they. Reeder: If they can maybe talk about that a little bit in their presentation. Weick: Other questions for staff? Reeder: All of this variances for outdoor storage is there any outdoor storage allowed? Over this one? Generous: That’s not part of their request. If they were to do additional storage they would have to come in for a separate conditional use permit. Reeder: Okay so just the tanks. Generous: Just the tanks and then of course their semi trailers will be on site but that’s part of their normal operation. Reeder: And if they could cover in their presentation whether there is any kind of an operation like this anywhere else. Just give me… Weick: Thank you Commissioner Reeder. Other comments for staff? Questions? Reeder: I guess I’ve got one more Mr. Chairman. Weick: Yeah please. Absolutely. Generous: The Fire Marshal has been intermittently involved with this so they’re looking at, they’ve already submitted the building permit application so we could get that review going and the Fire Marshal’s involved with that and the building official so and we’ve also had communications with the City of Chaska so. Reeder: Okay maybe they could cover that in their presentation too. Whether there’s any hazard to this operation. I’m really done now. Weick: Alright, fair enough. Any other questions for city staff from the Planning Commissioners? Chanhassen Planning Commission – July 7, 2020 6 Skistad: I guess I have a question. Weick: Yeah, sure. Skistad: Bob how do the wells work? I mean how much water does a well service? I mean I’m assuming it’s, it served Gedney so it probably will be more than adequate. Generous: I believe yes it’s more than adequate. They will not use as much water as the Gedney operation did so. The exact numbers I’d have to ask the building officials. Skistad: And then the holding pond would hold the 250 gallons of discharge? I read somewhere the process discharge was 250 gallons per day. Maybe that’s a question for. Generous: That would be for the applicant. Because they didn’t have any discharge from the manufacturing of the Gedney site but they’re also receiving less sewage to this operation so that’s part of the discussion they need to have with the City of Chaska. Skistad: Chaska, okay. Generous: Because their questions are where is it coming from? What are the connections and. Skistad: Okay. Generous: Which we don’t have, there’s no data like that available in our file so, because everything’s been done through them. Since 1963 they’ve had this agreement in place so. Skistad: Okay. Weick: Thank you Commissioner Skistad. We are open for other comments or questions for city staff at this time. And hearing none at this time I will invite the applicant to come forward. I will summarize, I’m sure you cover some of this in your presentation but I captured four kind of questions. One was is there anything similar in the area. Any type of similar operation. Could you clarify the silos that are being built on leased land. Is there any significant hazard to the operation? And then is there discharge and if so what is the gallon per day and where does that go. Charles Levine: Thanks for having me. My name’s Charles Levine, owner of Hemp Acres. Founder and Chief Operator. So we’re currently located in Waconia on our farm operating a 1,600 square foot facility. So to answer the question about the bins, they are pre-assembled. Meridian Bins is what we’d most likely be using but they’re steel, smooth wall hopper bins that come on a semi trailer and erected in place so it’s not something that’s built. We can physically take them on and off the site. And of other operations, I’m the only one in Minnesota for sure. There’s one operation in Carrington, North Dakota that specializes in flax seed oil that has now Chanhassen Planning Commission – July 7, 2020 7 started doing hemp but this is a brand new crop. Brand new industry and yeah I’m the first one to stick my neck out I guess. Weick: Fair enough. Charles Levine: And sorry was. Weick: Hazards and the. Charles Levine: Oh the only thing would be the milling of the hemp cake which is what we turn into protein powder and that’s all closed controlled systems with dust collectors so. Weick: Okay. Charles Levine: Yeah they’re all enclosed. Weick: And is there any type of water discharge as a result of the operation? Charles Levine: No this is all dry processing so the only use of water is for sanitation, cleaning of the equipment after we’re done using it so our water usage is quite minimal especially compared to what Gedney was doing. I think they were going through like a million gallons a week. Something like that. Weick: Okay. And then just anything you want to tell us about the operation and just kind of what you’re doing and. Charles Levine: Yeah so I brought a few samples. So this is hemp seed. You guys are welcomed to take a look at it but basically the industrial hemp plant is produces one of the most nutritious grains on the planet and through our process we take, it’s a very high oil content seed so we use a cold screw press. Use as really low temperatures to preserve all of the omegas in the oil and we take that through filtering and refining and then we bottle up our own retail, 12 foot ounce bottles all the way up to 55 gallon drums and 250 gallon totes and hopefully tankers as we expand. And so it has a really wide diverse range of applications. Everything from industrial lubricants to like nutripheuticals, cosmetics, salad dressings, hair products so that’s the oil. And then the cake is what is the by product of when you squeeze the oil from the seed which is rich in protein and fiber and so we take that, really similar to like a soy bean operation where we take that. Mill it. Pulverize it. Sift it and then we grade out certain different levels of protein which are food grade proteins that vegans, vegetarian plant based options. It’s like whey protein but all from seed. And then there’s also the de-hulling of the seed where you’re breaking off the outer shell which is the inner heart. That can go straight into bags. You can also take that and make milk out of it too. And you can take the whole seed and roast it. Add different flavors just like sunflower seeds so these are all the applications that we would be using with the hemp grain and contracting to start we’ll be doing 5,000 to 10,000 acres of local growers in the area to grow Chanhassen Planning Commission – July 7, 2020 8 industrial grain for us and bring it to us. Process and turn it into food and all sorts of different applications. Weick: Awesome. Can you, are you able to take some questions? I assume there might be some from the commission. I will kick it off and I’ll give people a chance to maybe collect their thoughts with a couple of questions, and I think you answered this but are you farming anywhere or no? Charles Levine: Yes. Weick: You are? Charles Levine: On our farm in Waconia. Weick: Okay. Charles Levine: We’ve set up, I’ve been growing since 2016 and I first got into this learning how to properly grow it and process it so we do, we also do CBD production on the farm and all of our cannabinoid production will stay on the farm. The grain side of the operations will be leaving the farm. Weick: And then you’ll also contract with other farmers? Charles Levine: Yes, yep. Yeah I won’t be supplying the grain for our process. Weick: Oh okay. Charles Levine: We’re looking to contract with a number of different farmers. Weick: Okay, got it. So that answers a couple questions there. And then do you do like aerate or, and I’m thinking more from like anything motorized like drying or aeration within your silos in order to keep that seed from mildewing or anything? Charles Levine: No, so that’s all done on the farm. Weick: Okay. Charles Levine: I would treat it just like any other commodity. Weick: Okay. Charles Levine: A farmer would harvest it. Put it in their bin. Dry it down to 9 percent moisture so we only accept grain at 9 percent. Chanhassen Planning Commission – July 7, 2020 9 Weick: Okay. Charles Levine: And then at that it’s stable. We don’t have to do any further drying and the rate at which we’re processing, we’re emptying one bin. Filling another bin. Emptying that bin and processing it so it never, it’s very rare that it’s sitting there stagnant. Weick: Okay, perfect. With that maybe I’ve given a chance for the commissioners to collect their thoughts and we’ll certainly open it up for questions at this time. Just go ahead and jump in if you have a question. Skistad: My question originally was on odors. Some of the staff mentioned that they did travel to look at the facilities and that that sounds like with only 9 percent moisture in there that really isn’t going to be an issue. Charles Levine: No. The odor portion of the process would come from like CBD production which is very similar to marijuana so that skunky aroma is really prevalent in those types of biomass processes but with the grain it’s really there’s no scent. No odor. No taste really. It’s a very bland product. You can smell that bag. It doesn’t really smell like anything. Skistad: Yeah. Thank you for bringing the samples in. Reeder: Mr. Chairman? Weick: Yes. Reeder: Is there a by product? Is everything you, is there anything left over after you… Charles Levine: Everything is used. Nothing goes to waste. Reeder: So there’s no? Charles Levine: No, in fact there. Reeder: Anything going to the dump. Charles Levine: No, no. In fact if the cake, if we can’t turn all of it into protein powder it’s an incredible source for livestock feed so any excess would be going to feed lots, yeah. Reeder: That’s pretty nice to be able to use it for other things. Chanhassen Planning Commission – July 7, 2020 10 Charles Levine: The only waste from the process is the filter aid which are minerals that we add to the oil to do the filtering and even that has been shown to have re-uses and applications either as like a fertilizer or feed. Reeder: And if you couldn’t find a place for that what would you do with it? Charles Levine: I would haul it to my farm and spread it on my field. As fertilizer. But mostly it’s, everything has an end use. Reeder: I did have a question earlier. Was there any other outside storage that you’ll need? You’re not asking for anything. Charles Levine: No. No not at this time. Just grain bins. Reeder: Okay. Maybe a question for staff. If we did have an odor problem how do we deal with that? Generous: If we discovered an odor problem we would work with the manufacturer to address that either through a filtration system, whatever. That’s where that, what our CUP is talking about. What are their plans for mitigating any odors in there so. And again we don’t anticipate that this processing would create anything that we would need to address. Reeder: It’s got to be better than pickles. Generous: Definitely. Weick: Thank you Commissioner Reeder. Any other questions for our applicant from any other commissioners in the Zoom meeting at this time? Von Oven: Commissioner Von Oven here. If we’re going to cover sight through the height of the silos and odor through the comparison to pickles we should probably cover sound so can you just make some comments on whether or not we would expect any greater noise in the area for the people that are living around? Is it all self contained within the building or is it literally just the sound of trucks coming in and out bringing hemp seed? Charles Levine: Yeah so the loudest piece of equipment would be our air handlers which would sit out by the bins and I provided Bob with noise data sheet from our equipment manufacturer. It’s about 90 decibels. We can enclose that in a little hut basically. Many farms do that. They have air handlers on their farm and they just build a shed around to, it will cut the sound down by half at least. So we can do that. We’ll probably do it anyway for our own peace of mind. Generous: That’s the information I found out too based on what they provided. They meet OSHA requirements but if they can cut it down and…says that I calculated that the noise level at Chanhassen Planning Commission – July 7, 2020 11 the property line should be about 66 decibels which is conversational so. Well right next to the equipment it would be about 85 to 90 decibels. That’s still within the guidelines so. Charles Levine: It’s a loud electric motor. A 75 horsepower motor so it draws some power but again very easily contained. Von Oven: Great, thank you. Weick: Thanks Commissioner Von Oven. Any other questions for our applicant at this time? Thank you everyone and hearing no questions, thank you for obliging us with, teaching us a little bit about your operation and what you’re going to do on the property. I think it’s a neat business so thank you. Charles Levine: Thank you. Weick: And thank you for showing us the samples as well. For those of you that weren’t in the room there’s samples of the cake and the seed and some of the oil final products that are sold. With that we will open the public hearing portion of tonight’s item. I don’t believe we received any email correspondence on this item. Generous: No. Weick: No. Anyone present in the chambers who would like to come forward and make a comment is free to do so at this time. Generous: We didn’t even receive a phone call on this one except for the City of Chaska. Weick: Okay fair enough. Seeing nobody come forward and having nobody on the phone lines, in front of you there Mr. Generous? Okay. I will close the public hearing portion of tonight’s item and open it for commissioner discussion. Comments. Motions. I will open the floor. While you might be collecting your thoughts I guess I will say that again that you know based on that this processing really has no, you know no leftovers to it really. They’re using everything that they can. A great opportunity I think. You know I don’t know a whole lot about the business but it certainly sounds like a strong business plan and certainly a market that is growing. I mean I think it’s nice to have someone using that location. That old location for a new purpose. And you know all the questions were answered. I think we talked about, potentially I was, Commissioner Von Oven I was also thinking when I was talking about like aeration or drying of those outside silos I was thinking like will there have to be motors or noise or things running so it doesn’t sound like that’s going to be an issue for us. So it certainly checks a lot of boxes for me. Other comments from commissioners? Reeder: Mr. Chair I do have one more question which I forgot to ask. Is Minnesota a great place to grow this stuff? I mean do you think you’ll have an ample supply? Chanhassen Planning Commission – July 7, 2020 12 Charles Levine: Absolutely. So little history of hemp. There was the largest hemp processing facility in the world was located in Hutchinson and if you talk to any old timers around here they’ll say oh yeah my dad grew hemp for the war. And you know back then there was, cannabis has a really interesting history but specifically for the war they re-legalized it. Subsidized it heavily and Hutchinson was the largest facility. It was called War Hemp Industries and farmers all across the state grew it and brought their hemp there and to another couple hemp mills in the state but now it’s 3M’s facility in Hutchinson. And so yeah I mean the history of hemp, the Declaration is written on hemp paper. The old 10 dollar bills that showed hemp. Yeah there’s a lot of history and it grows really well. Invite you to my farm. You can see how well it grows so yeah. Oh and one other thing I’d like to mention too. The stalks, that’s what you hear hemp is good for rope but that’s where it comes from is from the stalks and we have anticipations of later down the road to be developing processes for the fiber stalks to turn into batteries, concrete, plastics and composites. You can make batteries that are 20 percent more efficient than with the mien with hemp fiber. So it’s a totally different way of looking at agricultural crops. We can be growing batteries and houses and plastic so. Weick: That’s really cool, thank you. Thank you Commissioner Reeder. Other comments from you? Reeder: I’m done. Weick: Any other discussion for the meeting or I can certainly entertain a motion. Reeder: Mr. Chairman I would move that the Chanhassen Planning Commission recommends the City Council approve the Conditional Use Permit for food processing operation with outdoor storage for six 35 foot silos subject to the conditions of approval and adopts the Findings of Fact and Recommendation. Weick: Thank you Commissioner Reeder. We have a valid motion. Do we have a second? Randall: Second. Weick: We have a second from Commissioner Randall. Before we vote any final comments on the item? Hearing none we’ll go ahead and have a roll call vote. I’ll call your name and indicate either aye or nay. Reeder moved, Randall seconded that the Planning Commission approve the Conditional Use Permit to allow Hemp Acres to process food products from hemp seeds and allow the construction of six 35-foot tall silos based on the plans prepared by Phillip D. Johnson, Architect, dated April 4, 2020, subject to the following conditions: Chanhassen Planning Commission – July 7, 2020 13 Building: 1) A building permit will be required for unit improvements, silo installation, and unit remodeling. Engineering: 1) If an intensification or increase in use or an expansion is requested for the site, a traffic analysis will be required to determine the volume of traffic the new site will generate. 2) Any future intensification of the site usage shall investigate the use of the driveway access to Audubon Road. Natural Resources: 1) The applicant shall work with city staff to finalize a planting plan. 2) The applicant shall incorporate a landscape buffer along the north side of the building, which includes Autumn Blaze maple, Siouxland poplar, Black Hills spruce and Amur maples. 3) The front planting areas shall have wood mulch as a ground cover. 4) All proposed parking lot landscape islands and peninsulas shall comply with City Code. Planning: 1) When the site is redeveloped or the usage intensifies, the existing pickle tanks shall be removed from the property unless they are used as part of the building tenant operation. Water Resources: 1) Updated plans illustrating the total land disturbance activities associated with all site improvements shall be submitted for review and approval by the city. And adoption of the Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Weick: That motion carries unanimously 6-0. And we with that, thank you again to everybody for presentation. Staff as well as the applicant and good questions on behalf of the commissioners. I’m looking forward to seeing that business prosper for Chanhassen. PUBLIC HEARING: CONSIDER A REQUEST FOR A SETBACK VARIANCE AT 7701 FRONTIER TRAIL. Weick: MacKenzie. Chanhassen Planning Commission – July 7, 2020 14 Walters: And just to note this item if appealed would appear on the July 27th City Council meeting. As mentioned this is a variance to construct an open porch with a zero foot lot line setback at 7701 Frontier Trail. So this is located in the oldest part of the city. It’s zoned Residential Single Family. The lot in question is a corner lot. Modern zoning standards would require a 15,000 square foot lot, 30 foot setbacks from both street frontage, 10 foot side yard setbacks for the non-street lot lines and limited to 25 percent lot cover. The parcel in question is just under 10,000 square feet. Has about 16 percent lot cover. It has a non-conforming zero foot front yard setbacks along both the north and the west lot lines. Portion of the home and eaves encroach into the city right-of-way. The detached garage has a non-conforming 4 ½ foot front yard setback but it does appear to meet the other aspects of the city zoning code. So the applicant is proposing to reorient the main entrance of the house which currently exits directly into the right-of-way. They are proposing to shift it south and then construct an 8 by 25 ½ foot open porch to maintain, which would maintain the home’s existing setback along the lot line. The moved reoriented entryway will increase safety. The porch will provide protection from elements and improve the façade of the home. The setback they’re requesting they believe is necessitated by the existing placement of the home on the lot. The porch being further back from the intersection will not in any way negatively impact sight lines. Because it is open style it’s not expected to significantly increase the visual mass of the home. The porch has been designed to be architecturally compatible with the existing structure. Staff looked over the area. We noted that of 6 houses along the two block stretch of Frontier Road 4 have zero foot setbacks. Again this is one of the oldest parts of the city. Stuff was built where it was built. Staff agrees that reorienting the entrance will improve the property. We believe the existing placement of the home justifies the requested setback and is reasonable relief for a non-conforming property. Staff is concerned about allowing the porches eaves to encroach 4 feet into the right-of-way. Several of the neighborhoods throughout the city that also have homes built right up to lot lines where road right-of-ways are much smaller. Much more constricted and staff is concerned about establishing that precedent of allowing encroachments into the public right-of-way. Engineering staff has noted that in the future they will be conducting a street project in this area and they are eager to minimize any encumbrances with the right-of-way. That being said staff is recommending approval of the requested variance with the condition that the porch be redesigned so the eaves do not encroach into the right-of-way. And I’d be happy to take any questions at this time. I know I went through that pretty quick. Weick: Nope that’s probably fine. Thank you MacKenzie. I will open it up for our commissioners. Any questions for MacKenzie regarding this variance? Noyes: Commissioner Noyes here. Is the redesign of the eaves to satisfy the requirements here? Is that easily done or is that kind of a difficult or burdensome change that would need to be made? Chanhassen Planning Commission – July 7, 2020 15 Walters: I would defer that to the applicant. They’d be in a better position to discuss the architectural implications. Staff’s belief is that it is a viable change but again I think they are the best party to address that question. Noyes: Okay thank you. Walters: Yep. Reeder: Mr. Chairman? Weick: Yes sir. Reeder: Is the overhang just on the end of the porch? Show me where it overhangs. Walters: Yep so if you look at this picture right here, the lot line would go. Reeder: We don’t have it. Walters: Oh could we get the power point up please? Reeder: There you go. Walters: If you look at the edge of the house the lot line basically runs parallel with the wall so the overhang is that kind of 4 foot there. Off the edge of the house that would go into the street. The existing house has approximately a 2 foot eave that would run you know there that’s not shown on this drawing. Here’s a good example. Again keep in mind the foundation of the house is basically paralleling the lot line. Reeder: So that’s why I thought it was just the end piece that’s going to have to be redesigned. Walters: That’s the recommendation yes. Reeder: Right. Weick: Thank you Commissioner Reeder. Other questions or a need for clarification of MacKenzie. Okay hearing none thank you MacKenzie. I would invite the applicant if present to come forward. Just state your name and address for the record and tell us about the project and certainly if you can address the eaves question that’d be great. Dan Burke: Sure, that’s the main issue. My name’s Dan Burke. I live at 225 West 77th Street. Lived there for 36 years and this has been my neighbor. I bought my neighbor’s house when he moved. And in the neighborhood, I don’t know if any of you know the house but I’m kind of the hero in the neighborhood at this point for it’s been cleaned up considerably at this point. I get a Chanhassen Planning Commission – July 7, 2020 16 lot of people walking by and giving me thanks for fixing the neighborhood. And the only thing I can say about the overhang is, the existing and if you go back to that one picture of the drawing. Or not of the drawing, of the rendition there. The overhangs on the existing house are about a foot. Not two feet. About a one foot overhang and I would happily reduce the overhang from 4 feet but I’ve requested I make it down to the existing overhangs of the above part because that would allow me to put a kind of a gable end on the end of that porch versus the hip roof design that it has now and that really I think would fit in with the other overhangs and the other lines of the house. And other than that I really, the house was built in 1896. I think it’s the second oldest standing house in the city right now. The oldest one I believe is on West 78th Street and it was built a year earlier. And the third oldest house is about 2 houses down so it’s an old neighborhood and we have a lot of issues with the old houses and I want to maintain it. I don’t want to, I mean my alternative would be to just tear it down and I don’t want to do that so, and having looked at it for the last 36 years I think a porch would genuinely improve the looks of the house on the south side. And moving the entrance will greatly improve just the appeal of the house and the safety of walking out onto the main street of, on Frontier Trail so that’s why if you have any questions I’ll gladly answer them but I would like to have the one foot just to be able to really match the character of the rest of the house and with that. Weick: Great, yes. And I think I echo your neighbors in saying thank you as well. You’re brave. Dan Burke: Oh you don’t know the least of it. This is the least part of it. Weick: I can only imagine. Dan Burke: But I don’t know where you live but so I think you’ve driven by the house once or twice. Weick: I run by there. Dan Burke: Oh okay. Weick: It’s great back in there it’s fun so. Dan Burke: Yeah it’s a great run. It’s a great neighborhood. Weick: Yeah. Dan Burke: And the neighborhood’s changing with all the other houses and there’s so few that are left from the original that it’s nice to have somebody crazy enough to try to save one. Weick: I say brave. Not crazy. Chanhassen Planning Commission – July 7, 2020 17 Dan Burke: …That’s my presentation. I’d just like to have a one foot overhang. Any other questions I’ll be happy to answer. Weick: Yeah and certainly would open it up to our commissioners with any questions for the applicant. Or comments. Von Oven: Yes so, Commissioner Von Oven here. Just I guess a clarification on that last piece. I’m not sure how exactly to do this but you know I’m looking at the staff report and on page 6 of the staff report there’s the rendering that we’ve been using. Dan Burke: Right. Von Oven: The proposed and then the existing. Is what you’re saying in the existing picture the roof line that I’m seeing come out. Dan Burke: What I would call a shed roof line that’s directly to the house, the main roof along the whole thing. I would envision that, that part of it coming to the edge of the house and then at, and then one foot beyond that have a gabled roof like a triangle at the end of that to have a slight overhang over the stairways coming up and so I can, because that’s now the main entrance to the house. Give me a little protection for somebody coming up the steps. The basically triangle gable roof right there right on the very end of that I think would fit in with the architecture of the other dormers and everything else on the house so. That’s what I’m looking at doing is moving that little part that’s going up to the house. Moving that all the way to the end but then the overhang itself only being a one foot overhang which matches the rest of the house so that’s what I’m looking at doing. Weick: Got it. Von Oven: And then as a follow up staff went through their findings. They recommended zero based on a desire not to have any overhang. Did you come back to staff with exactly what you’re proposing or is this, would this be the first time they’re hearing that part of the proposal? Dan Burke: Well yes I did. I came back to them. They were already writing this report and MacKenzie told me that if I came back to the meeting and asked for this same protrusion over the lot line that the staff would support that. Now MacKenzie’s here he can argue with me but that’s what he told me on the phone. Walters: I will absolutely confirm that. The report had already been published at that juncture. We did discuss it with the City Engineer and engineering staff. They agreed that given the existing encroachment, as long as it was kept to existing they were comfortable granting the encroachment agreement so staff would wholeheartedly support the proposal. Von Oven: So that’s helpful, thank you so much. That’s all I have for now. Chanhassen Planning Commission – July 7, 2020 18 Weick: Thanks for that clarification Commissioner Von Oven. Reeder: So Mr. Chairman MacKenzie the overhang on the top of the roof is that a foot too? Is that what we’re saying that we’ll have it the same? Walters: Yes that is my intent. Dan Burke: The overhang on the main roof up above is a foot. So it’s just going to match it. Looks like it had been there. Reeder: I think that’s for staff consideration for the future things that we consider we’re matching existing things that were done, yeah. I’m comfortable with that. Weick: Other questions for our applicant? All very good so far. Okay hearing none thank you very much. Dan Burke: Thank you. Weick: Again we appreciate what you’re doing in the neighborhood. At this time I will open the public hearing portion of this item. Anyone present wishing to come forward and provide comment on this item may do so now. The call in number is on the screen. We’ll keep an eye on the phone and see if we get a caller and we did receive an email. It was in favor MacKenzie I believe of this variance. Walters: I will summarize it while we wait to see if we get any calls. This email is from Paula and Jack Atkins, 220 West 78th Street, Chanhassen. They support the variance request by Dan Burke for the house at 7701. They say he’s made great efforts to improve the quality and attractiveness of the neighborhood’s housing stock. They think the plan upgrades are tasteful and well thought out and they think these small lots and extraordinary setback requirements in this area are a hardship in and of themselves. Weick: Thanks MacKenzie and again that email will be summarized, or included in it’s entirety in the record as this item moves forward. Things are quiet I believe. Mr. Generous there’s no calls so with that and seeing no one come forward I will close the public hearing portion of this item and open it for commissioner discussion and/or a motion. I would just say based on what I’ve heard so far, I think what we would add to the motion is that we would, or a possible motion would read that we would allow the applicant to match the existing overhang. I think there’s, whether it’s a foot or 13 inches or whatever it is. I think in the spirit of this if we so desire the motion could be to match the existing architecture of the overhang with the porch. It sounds like that would be acceptable to city staff as well as the applicant. Chanhassen Planning Commission – July 7, 2020 19 Walters: Staff has directed a sample language where the commission would direct, would approve it subject to conditions of approval as amended. So maybe to direct staff to so amend it. We would alter the variance document and that would be able to go forward. Weick: That’d be even easier. Thank you. But before we jump to that, I don’t want to jump the gun if there’s any other comments or discussions. If not I certainly would accept a motion. Noyes: Commissioner Noyes here. I would propose a motion. The Chanhassen Board of Appeals and Adjustments approve a 40 foot front setback variance for the construction of an open porch subject to the conditions of approval as amended and adopts the attached Findings of Fact and Decisions. Weick: Thank you Commissioner Noyes. We have a valid motion. Do we have a second? Von Oven: Second. Weick: We have a second I believe from Commissioner Von Oven. Von Oven: Correct. Weick: Yes. Wonderful, thank you and with that we will open for any final comment or discussion for the record on the item. Hearing none we will have a roll call vote. Noyes moved, Von Oven seconded that the Chanhassen Board of Appeals and Adjustments approve a 40 foot front setback variance for the construction of an open porch subject to the conditions of approval as amended and adopts the attached Findings of Fact and Decisions. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Weick: I am also in favor which is a unanimous 6-0 decision in favor of the variance. Thank you to everyone involved. City staff as well as the applicant. Good luck. And look forward to seeing your improvements in the neighborhood. Thank you very much. With that we will move to the third and final item on tonight’s agenda. PUBLIC HEARING: CONSIDER AN AMENDMENT TO THE CHAPARRAL PLANNED UNIT DEVELOPMENT (PUD) ORDINANCE TO CORRECT A TYPOGRAPHICAL ERROR. Generous: Planning Commissioners, Planning Case 2020-10 is for an amendment to the Chaparral Planned Unit Development. Tonight’s the public hearing. It goes to City Council on July 27th. The City’s correcting this. We’ve had discussion with a property owner who would like to subdivide their land within part of Chaparral. However when you look at the ordinance we discovered that the intent portion of the ordinance and the permitted uses in the ordinance did not match and so we’re here to correct that. Chaparral subdivision is located east of Powers Chanhassen Planning Commission – July 7, 2020 20 Boulevard, south of Carver Beach, west of Kerber and Nez Perce. It’s a mixed use development. It has single family detached housing, twin homes and fourplexes within the development. It’s zoned planned unit development residential. It’s guided for residential low density and residential medium density in the 2040 Comprehensive Plan. This property started in the 80’s and it was approved for development. At the time they approved planned unit developments through development contracts rather than through zoning ordinances in establishing all the setbacks and height and coverage requirements. In 2012 the City went through the process of amending 43 residential planned unit developments to codify them to incorporate all the design standards that were in there. When we did this we picked up the intent portion which was the first and second phases had 95 and 74 single family homes but when we codified the permitted uses they only put the 74 homes from the 2nd Addition. This amendment will correct that. We’ll make a total of 169 single family homes permitted. Additionally the City approved addendums in 1988 and 1999 to govern the construction of decks and porches within the development. However that was not incorporated in the ordinance and so we want to bring that, put it all in one place so people know exactly what zoning, what the requirements are under their PUD. Those are the two corrections to the ordinance that we’re proposing. It doesn’t change any other intent or purposes. Any lot size. All of that would remain the same. We’ve had numerous calls regarding this ordinance. Once I found out what the correction was they had no issues. There was a question about existing non-conforming structures out there. Decks didn’t comply with those, with the addendum. What would happen. The City would treat those as legal non- conforming and so they would be able to maintain it. We would have all future development would have to comply if anyone wants to put in a new deck but anything that’s there could stay and be maintained including taking it out and replacing it with new material so everything would stay as it is. Again there’s two sections of the ordinance and it’s Permitted Uses B. We strike out the 74 single family homes and replace that with 169. And then we add the deck requirements so that’s what we’re proposing. We’re recommending that the Planning Commission recommend approval of the amendment to the Chaparral Planned Unit Development zoning to correct the internal inconsistencies and adopt the Findings of Fact and Recommendation. With that I’d be happy to answer any questions. Weick: And we’ll go ahead and open it right up to commissioners. Questions for Mr. Generous. Von Oven: I apologize if I’m sort of just repeating what you just said but just to clarify, by correcting this it will be as if the error was never made meaning all rules would stay the same. Anything that’s already happened has happened. Everyone’s good right? Generous: That’s correct. All the rules would be as it was originally approved so. Von Oven: Yeah, thank you. Weick: Great. Chanhassen Planning Commission – July 7, 2020 21 Reeder: Mr. Chairman I have no problem with this as long as the perpetrators of this drastic mistake have been…admonished for that. Weick: We will certainly attempt to do that now that it’s on the record. Any other concerns or comments or questions? Hearing none and with the City as the applicant, we’ve already heard from the applicant correct so we will open up the public hearing portion of this item. Anyone wishing to come forward and comment on this item may do so at this time. We are also displaying the call in number if you are watching from Zoom or from home. I don’t believe we had any email comment on this item, although you did mention we had some phone calls but you summarized that, yeah. I have delayed enough. Seeing no one come forward here in chambers and with nobody calling in on the telephone I will close the public hearing portion of this item and open for commissioner comments and/or a motion. If we could put that motion up. There we go. Skistad: I guess my only question is we didn’t catch anyone, I mean the decks or with how the decks are, we wouldn’t expect anyone to have built a different kind of deck so we should be, you know unless they came in with a variance right? Generous: Right. Skistad: Okay. Weick: Thank you. Any other comments, questions. I would also accept a motion. Von Oven: I’ll make a motion. The Chanhassen Planning Commission recommends City Council approve the amendment to the Chaparral Planned Unit Development-Residential zoning to correct the internal inconsistency and adopts the Findings of Fact and Recommendation. Weick: Thank you we have a valid. Oops what? We have a valid motion from Commissioner Von Oven. Do we have a second? Randall: I’ll second that. Weick: Sorry for jumping the gun there Commissioner Randall. Randall: That’s alright. Weick: We have a motion and a second. Any final comment for the record? And hearing none we will commence a roll call vote. Von Oven moved, Randall seconded that the Chanhassen Planning Commission recommends City Council approve the amendment to the Chaparral Planned Unit Development-Residential zoning to correct the internal inconsistency and adopts the Chanhassen Planning Commission – July 7, 2020 22 Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Weick: This item passes unanimously. Six ayes, zero nays. Thank you Mr. Generous. I’m sure future Planning Commissions will be happy we got this corrected for them. It will solve many problems. That is our final item this evening. APPROVAL OF MINUTES: Commissioner Skistad noted the verbatim and summary Minutes of the Planning Commission meeting dated June 16, 2020 as presented. ADMINISTRATIVE PRESENTATIONS. Weick: Any administrative updates? Generous: We haven’t been sending much to the City Council so I don’t have anything to add. I do have some bad news. There’s no meeting on the next meeting in July and the first meeting in August. We didn’t have any applications. We anticipate a couple for the second meeting in August so, but they still have another week and a half. Walters: July 17 th I believe. Generous: Is for submittals. Weick: Okay. Generous: We’ll let you know. Weick: We will stay on notice. Thank you. Generous: And then if anyone’s going to be gone on the August 18th meeting if they could let us know early so. Weick: Okay. We will do that. So check your calendars. We have a little bit of time but let Kate know if you won’t be able to make August 18th. Any presentations from the commissioners? Comments. Certainly want to give everyone a chance to be heard. With that I would accept a motion for adjournment. Reeder moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at 8:20 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CITY COUNCIL STAFF REPORT Monday, July 27, 2020 Subject Approve 2021 Service Agreement for Joint Assessment with Carver County Assessor Section 7:30 P.M. ­ CONSENT AGENDA Item No: E.5. Prepared By Jake Foster, Assistant City Manager File No:  PROPOSED MOTION “The City Council approves the 2021 Service Agreement for Joint Assessment with the Carver County Assessor.” Approval requires a Simple Majority Vote of members present. SUMMARY The City of Chanhassen has traditionally contracted with the Carver County Assessor's Office to perform property assessing duties for parcels located within Carver County. The proposed contract, similar to previous contracts, is for a single contract year.  The agreement remains unchanged from 2020, including the per parcel costs.  Consistent with the 2020 costs, the County will charge $13.95 per residential valuation, $14.50 per agricultural valuation, and $15.55 per commercial evaluation.  There will be added cost from the 2020 agreement due to the added number of parcels in the City which is typical year­to­year.  The final payment will be calculated at the end of the year when the actual bill is submitted. RECOMMENDATION Staff recommends the City Council approve the attached Service Agreement for Joint Assessment between the City of Chanhassen and the Carver County Assessor's Office. ATTACHMENTS: 2020 City of Chanhassen Service agreement for joint assessment 2021 SERVICE AGREEMENT FOR JOINT ASSESSMENT This Agreement is entered into by and between the County of Carver, 600 East 4th Street, Chaska, Minnesota 55318, through Carver County Assessor, (hereafter “County”) and City of Chanhassen, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as the Town. WHEREAS, the Town desires to enter into an agreement with the County to provide for the assessment of property in said Town by the County Assessor’s Office; and WHEREAS, Minn.Stat.§ 273.072 and Minn.Stat.§ 471.59 permit such an agreement for joint assessment; NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows: 1) Term. That the Town, which is situated in the County of Carver, and which constitutes a separate assessment district, shall have its property within Carver County assessed by the Carver County Assessor for the assessment date of January 2, 2021. All work necessary to the establishment of the estimated market value for each Carver County parcel in the Town shall be performed by the Carver County Assessor or by one or more of the licensed assessors under his/her direction and supervision. 2) Cooperation. It is hereby agreed that the Town and all of its officers, agents and employees shall render full cooperation and assistance to the County to facilitate the provision of the services contemplated hereby. 3) Payment Amount. The Town shall pay to the County for the assessment of property with Carver County the sum of thirteen dollars and ninety five cents ($13.95) per residential valuation, fourteen dollars and fifty cents ($14.50) per agricultural valuation, and fifteen dollars and fifty five cents ($15.55) per commercial/industrial valuation (for the assessment of January 2, 2021) existing or created before the closing of the relative assessment year. 4) Payment terms. Full payment of all claims submitted by the County Assessor for relative assessment dates shall be received by the County no later than November 15th of the respective years. 5) The County agrees that in each year of this Agreement it shall, by its County Assessor or one or more of his/her deputies, view and determine the market value of at least twenty percent (20%) of the parcels within this taxing jurisdiction. It is further agreed that the County shall have on file documentation of those parcels – physically inspected for each year of this Agreement. 6) Data Privacy. Pursuant to Minn. Stat. Chap. 13, the parties agree to maintain and protect data received or to which they have access. No private or confidential data developed, maintained or received by the Town under this agreement may be released to the public by the Town. The Town agrees to indemnify and hold the County, its agents and employees, harmless from any and all claims or causes of action arising from or in any manner attributable to any violation of the Minnesota Government Data Practices Act by Town or its agents, assigns, or employees, including legal fees and expenses incurred to enforce this provision of this agreement. 7) Mutual Indemnification. The Parties’ total liability under this Agreement shall be governed by Minn. Stat. § 471.59, subd. 1a. Each Party agrees that it will be responsible for the acts or omissions of its officials, agents, and employees, and the results thereof, in carrying out the terms of this Agreement, to the extent authorized by law and shall not be responsible for the acts/omissions of the other Party and the results thereof. For purposes of determining total liability for damages, the participating governmental units are considered to be a single governmental unit, the total liability of which shall not exceed the limits for a single governmental unit as provided in Minn. Stat. § 466.04, subd. 1. Each Party agrees to defend, hold harmless, and indemnify the other Party, its officials, agents, and employees, from any liability, loss, or damages the other Party may suffer or incur as the result of demands, claims, judgments, or cost arising out of or caused by the indemnifying Party’s negligence in the performance of its respective obligations under this Agreement. This provision shall not be construed nor operate as a waiver of any applicable limitation of liability, defenses, immunities, or exceptions by statute or common law. To the full extent permitted by law, actions by the parties pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subd. la(a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. The Parties of this Agreement are not liable for the acts or omissions of the other participants to this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other Parties. 8) No Joint Venture. Nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partners or joint ventures with the County. No tenure or any rights including worker’s compensation, unemployment insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to County employees, including indemnification for third party personal injury/property damage claims, shall accrue to the Town or employees of the Town performing services under this Agreement. 9) Records: Availability and Retention. Pursuant to Minn. Stat. §16C.05, subd. 5, the Town agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, et., which are pertinent to the accounting practices and procedures of the Town and involve transactions relating to this Agreement. Town agrees to maintain these records for a period of six years from the date of termination of this Agreement. 10) Merger and Modification. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are presumed to be incorporated or attached and are deemed to be part of this Agreement. Where the incorporated terms differ with the terms of this Agreement, the terms of this Agreement shall control. Any material alteration, modification, or variation shall be reduced to writing as an amendment and signed by the parties. 11) Default and Cancellation. If the Town fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute default. Unless the Town’s default is excused by the County, the County may, upon written notice to the Town’s representative listed herein, cancel this Agreement in its entirety as indicated in (b.) below. This Agreement may be cancelled with or without cause by either party upon thirty (30) days written notice. Representatives for each of the parties to this Agreement are as listed below: Town/City County/Division City of Chanhassen Keith R. Kern Carver County Assessor 600 E 4th Street Chaska MN 55318 kkern@co.carver.mn.us 7700 Market Boulevard Chanhassen, MN 55317 Interim City Manager: Heather Johnston 12) Subcontracting and Assignment. Neither party shall not enter into any subcontract for the performance of any services contemplated under this Agreement without the prior written approval of the other party and subject to such conditions and provisions as the other party may deem necessary. The party attempting to subcontract or assign its obligations shall be responsible for the performance of all Subcontractors. No party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other Parties and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors. 13) Nondiscrimination. During the performance of this Agreement, the Town agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin be excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable Federal and State laws against discrimination. 14) Health and Safety. Each party shall be solely responsible for the health and safety of its employees and subcontractor’s employees in connection with the services performed in accordance with this Agreement. Each party shall ensure that all employees, including those of all subcontractors, have received training required to properly and safely perform services outlined in this Agreement. 15) No Waiver. Nothing in this Agreement shall constitute a waiver by the either party of any statute of limitations or exceptions on liability. If the either party fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. 16) Severability. If any part of this Agreement is rendered void, invalid or unenforceable, by a court of competent jurisdiction, such rendering shall not affect the remainder of this Agreement unless it shall substantially impair the value of the entire Agreement with respect to either party. The parties agree to substitute for the invalid provision a valid provision that most closely approximates the intent of the invalid provision. 17) Applicable Laws. The Laws of the State of Minnesota shall apply to this Agreement. IN WITNESS WHEREOF, the City of Chanhassen, has caused this Agreement to be executed by its Chairperson/Mayor and its Town Clerk by the authority of its governing body by a duly adopted resolution on This the __________________ day of _________________________, 2020. The County of Carver has caused this Agreement to be executed by its Chairperson and the County Assessor pursuant to the authority of the Board of Commissioners by resolution adopted on This the __________________ day of ________________________, 2020. CITY/TOWNSHIP OF CHANHASSEN COUNTY OF CARVER By:___________________________ By: ________________________ Chairperson/Mayor James Ische, Chairperson Board of Commissioners By:___________________________ Attest: ________________________ Interim City Manager, Heather Johnston Dave Hemze/County Admin. And: _______________________ Keith R. Kern County Assessor Approved as to form: ______________________________ Assistant County Attorney/Date CITY COUNCIL STAFF REPORT Monday, July 27, 2020 Subject Amendment to the Development Contract for Boylan Shores Section 7:30 P.M. ­ CONSENT AGENDA Item No: E.6. Prepared By Erik Henricksen, Project Engineer File No: Planning Case 2019­17 PROPOSED MOTION “The City Council approves the amended Development Contract for Boylan Shores” Approval requires a Simple Majority Vote of members present. DISCUSSION On June 22, 2020, the City Council approved the Development Contract for Boylan Shores.  A line within the Legal Description was inadvertently omitted.  The attached Development Contract accurately reflects the legal description of the Boylan Shores Subdivision, which is now consistent with the approved final plat. RECOMMENDATION The City Council approves the amended Development Contract for Boylan Shores. ATTACHMENTS: Amended Development Contract CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA BOYLAN SHORES DEVELOPMENT CONTRACT (Developer Installed Improvements) i TABLE OF CONTENTS SPECIAL PROVISIONS PAGE 1. REQUEST FOR PLAT APPROVAL ............................................................................ SP-1 2. CONDITIONS OF PLAT APPROVAL ........................................................................ SP-1 3. DEVELOPMENT PLANS ............................................................................................ SP-1 4. IMPROVEMENTS ........................................................................................................ SP-2 5. TIME OF PERFORMANCE ......................................................................................... SP-2 6. SECURITY .................................................................................................................... SP-2 7. NOTICE ......................................................................................................................... SP-3 8. OTHER SPECIAL CONDITIONS................................................................................ SP-3 9. GENERAL CONDITIONS ........................................................................................... SP-5 GENERAL CONDITIONS 1. RIGHT TO PROCEED ................................................................................................. GC-1 2. PHASED DEVELOPMENT ........................................................................................ GC-1 3. PRELIMINARY PLAT STATUS ................................................................................ GC-1 4. CHANGES IN OFFICIAL CONTROLS ..................................................................... GC-1 5. IMPROVEMENTS ....................................................................................................... GC-1 6. IRON MONUMENTS .................................................................................................. GC-2 7. LICENSE ...................................................................................................................... GC-2 8. SITE EROSION AND SEDIMENT CONTROL ......................................................... GC-2 8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER BUILDING ......................................................................................... GC-2 9. CLEAN UP ................................................................................................................... GC-3 10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS .................................... GC-3 11. CLAIMS ....................................................................................................................... GC-3 12. PARK DEDICATION .................................................................................................. GC-3 13. LANDSCAPING .......................................................................................................... GC-3 14. WARRANTY ............................................................................................................... GC-4 15. LOT PLANS ................................................................................................................. GC-4 16. EXISTING ASSESSMENTS ....................................................................................... GC-4 17. HOOK-UP CHARGES ................................................................................................. GC-4 18. PUBLIC STREET LIGHTING..................................................................................... GC-4 19. SIGNAGE ..................................................................................................................... GC-5 20. HOUSE PADS .............................................................................................................. GC-5 21. RESPONSIBILITY FOR COSTS ................................................................................ GC-5 22. DEVELOPER'S DEFAULT ......................................................................................... GC-6 22. MISCELLANEOUS A. Construction Trailers ........................................................................................ GC-6 B. Postal Service .................................................................................................... GC-7 C. Third Parties ...................................................................................................... GC-7 D. Breach of Contract ............................................................................................ GC-7 E. Severability ....................................................................................................... GC-7 ii F. Building Permits ............................................................................................... GC-7 G. Waivers/Amendments ....................................................................................... GC-7 H. Release .............................................................................................................. GC-7 I. Insurance ........................................................................................................... GC-7 J. Remedies ........................................................................................................... GC-8 K. Assignability ..................................................................................................... GC-8 L. Construction Hours ........................................................................................... GC-8 M. Noise Amplification .......................................................................................... GC-8 N. Access ............................................................................................................... GC-8 O. Street Maintenance............................................................................................ GC-8 P. Storm Sewer Maintenance ................................................................................ GC-9 Q. Soil Treatment Systems .................................................................................... GC-9 R. Variances........................................................................................................... GC-9 S. Compliance with Laws, Ordinances, and Regulations ..................................... GC-9 T. Proof of Title ..................................................................................................... GC-9 U. Soil Conditions................................................................................................ GC-10 V. Soil Correction ................................................................................................ GC-10 W. Haul Routes ......................................................................................................... GC-10 X. Development Signs .............................................................................................. GC-10 Y. Construction Plans ............................................................................................... GC-10 Z. As-Built Lot Surveys ........................................................................................... GC-11 SP-1 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) BOYLAN SHORES SPECIAL PROVISIONS AGREEMENT dated June 22, 2020 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, Laketown Builders, LLC, a Minnesota limited liability company (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for BOYLAN SHORES (referred to in this Contract as the "plat"). The land is legally described on the attached Exhibit "A". 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 30 days after the City Council approves the plat. 3. Development Plans. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A: Final plat approved May 22, 2020, prepared by Wenck Associates. Plan B: Grading, Drainage and Erosion Control Plan dated May 22, 2020, prepared by Campion Engineering Services, Inc. Plan C: Plans and Specifications for Improvements dated May 22, 2020, prepared by Campion Engineering Services, Inc... Plan D: Landscape Plan dated May 22, 2020, prepared by Campion Engineering Services, Inc. SP-2 4. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Water Drainage System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading/Restoration H. Underground Utilities (e.g. gas, electric, telephone, CATV) I. Setting of Lot and Block Monuments J. Surveying and Staking K. Landscaping L. Erosion Control 5. Time of Performance. The Developer shall install all required improvements by November 15, 2020. The Developer may, however, request an extension of time from the City Engineer. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 6. Security. To guarantee compliance with the terms of this Contract, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ("security") for $198,330.79. The amount of the security was calculated as 110% of the following: Site Grading/Erosion Control/Restoration $ 50,847.50 Sanitary Sewer $ 7,591.00 Watermain $ 22,135.00 Storm Sewer, Drainage System, including cleaning and maintenance $ 30,695.00 Streets $ 54,145.00 Sub-total, Construction Costs $ 165,413.50 Engineering, surveying, and inspection (7% of construction costs) $ 11,578.95 Landscaping (2% of construction costs) $ 3,308.27 Sub-total, Other Costs $ 14,887.22 TOTAL COST OF PUBLIC IMPROVEMENTS $ 180,300.72 SECURITY AMOUNT (110% of 180,300.72) $ 198,330.79 This breakdown is for historical reference; it is not a restriction on the use of the security. The security shall be subject to the approval of the City. The City may draw down the security, without notice, for any violation of the terms of this Contract. If the required public improvements are not completed at SP-3 least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced from time to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 10% of the original amount until (1) all improvements have been completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4) the required “record” plans have been received by the City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City. 7. Notice. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Dale Willenbring Laketown Builders, LLC PO BOX 89 Waconia, MN 55387 Phone: 612-501-8813 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 8. Other Special Conditions. A. SECURITIES AND FEES 1. A $198,330.79 letter of credit or escrow for the developer-installed improvements, the $27,734.41 cash administration fee and the fully-executed development contract must be submitted and shall be submitted prior to scheduling a pre-construction meeting. B. The developer agrees to implement the recommendations listed in the June 22, 2020 staff report. Engineering: 1. The installation of a contiguous curb consistent with the Minnewashta Parkway corridor shall be constructed where the existing driveway access is located (see City Detail Plate #5203) immediately after the construction entrance at the location has been permanently removed. 2. The applicant shall provide adequate right-of-way (ROW) over the entirety of the trail along the west side of Minnewashta Parkway. This ROW shall align with the newly subdivided property to the north to ensure continuity and will be reviewed and approved by the city prior to recording of final plat. SP-4 3. No additional accesses shall be had off Minnewashta Parkway to serve the newly created lots. 4. Covenants addressing the maintenance and snow plowing operations of the private street shall be filed against all benefiting properties and submitted to the city for review and approval prior to recording of final plat. 5. An updated SWPPP shall be submitted as plans are finalized, when the contractor and their sub-contractors are identified, and as other conditions change. Review and approval of the standalone document is required prior to any grading. 6. The newly extended 6” C900 water main shall be publicly owned and maintained. 7. The applicant’s contractor shall field verify the serviceability of the existing sanitary sewer service for Lot 2. This shall be accomplished via CCTV which will be provided to the city prior to connection of the existing sanitary sewer lateral. 8. A Homeowners Association (HOA) encompassing all lots is required, in perpetuity, to ensure the technical expertise and funding mechanisms for the operation and maintenance of the private street and stormwater treatment devices. 9. Operation and maintenance of private stormwater BMPs is required in perpetuity. An operation and maintenance plan must be approved by the Water Resources Coordinator, or their designee, and recorded against the properties that details the HOA’s permanent inspection, maintenance, and funding mechanism that ensures stormwater BMPs will function as designed. 10. A stormwater management plan shall be reviewed and approved prior to recording of final plat. This is to ensure the stormwater management BMPs will adequately be encompassed by drainage and utility easements recorded with the final plat. 11. The applicant’s contractors shall adhere to any coordination of construction activities required by the City as a Capital Improvement Project No. 20-02 (Minnewashta Parkway Rehabilitation) is scheduled to occur adjacent to the property in 2021. 12. The applicant shall provide design calculations that meet a 7-ton design for review and approval by the City prior to approval of construction plans. 13. The provided stormwater model shall be updated to correctly identify the appropriate pipe type (HDPE not RCP) for the primary routing device (Device #1) of Pond 2P. 14. The final plat will not be recorded until all conveyance of real property to achieve the layout of Outlot A is secured as reflected in the final plat dated May 22, 2020. This includes conveyance of a portion of Outlot B (Glendale Drive Homes Subdivision) owned by the City and a portion of property owned by Lot 1 Block 2 Country Oaks. SP-5 Construction Plan Review: 1. On sheet 2 of 10: All existing utilities, both public and private, shall be shown on the existing conditions plans (e.g. the public storm sewer is not shown extending northeast along and under Minnewashta Parkway) to avoid conflicts with existing and proposed utilities; a note shall be added to the affect that erosion and sediment control BMPs shall be installed prior to removal and to direct the plan holder that the SWPPP is on Sheet 7 of 10. 2. On sheet 4 of 10: Note 8 correctly addresses City Code regarding the location of the curb stop at the property line, however the plans illustrate the curb stop at the D&U line, update plans accordingly (locate curb stops at property line and not D&U line); the sanitary sewer tap and lateral installation for Lot 3 shall occur prior to the Minnewashta Parkway Rehabilitation in 2021; the plan sheets should be updated to show the full extents of the property as depicted by the plat (e.g. the northwest corner does not extend to the property lines); the plan sheets should be updated to correctly illustrate the drainage and utility easements on Outlots as reflected on the final plat; Lot 3’s sanitary sewer service WYE should be updated to 10”x6” to correctly reflect the size of main being tapped, this tap shall occur prior to the commencement of city Project No. 20-02 in 2021 and should be noted; the call-out and leader for Lot 2 “utilizing existing service” must be updated to clearly show only one service (sanitary) to remain; as a gate valve at the wet tap will be required for proper installation, no additional gate valves shall be located within the curb at Country Oaks Drive as illustrated; 3. On sheet 5 of 10: Add call-out or note for where the contractor can find the detail for the street construction, for clarity; the plans illustrate draintile to be installed underneath the 12”HDPE inlet pipe that connects to the outlet control structure and should be adjusted around the inlet pipe for constructability and future maintenance needs; the profile shows the connection to the existing catch basin within Minnewashta Parkway, update profile call-outs to identify existing catch basin type (2’x3’) and ensure feasibility of connection; the storm manhole immediately upstream of the existing catch basin shall be relocated wholly outside public right-of-way; the bio retention trench detail shall be updated to include an impermeable liner around the BMP; the bio retention trench detail illustrates one foot of filter media while the stormwater management report calls out 18” to meet filtration requirements, plans shall be updated accordingly; the bio retention trench detail shall include elevations (e.g. as proposed the bottom of the ponded volume would be 967.5’) 4. On sheet 6 of 10: Include in the legend a detail for the house pad call-outs (G (garage floor elevation), TF (top floor elevation), LL (lowest level elevation), WO (lowest opening)) for clarity.; add note that silt fence around pond after grading shall be installed, reference SWPPP sheet, for clarity. SP-6 5. On sheet 7 of 10: Plans shall be updated once a contractor and the erosion control installer is known; silt fence shall be adjusted to achieve “J-hooks” at construction entrance; illustrate construction entrance behind trail as trail is to remain open at all times; add note that the trail shall be cleaned/maintained to the maximum extent practicable; add note that when city Project No. 20-02 (Minnewashta Parkway Rehabilitation) begins the contractor shall adhere to any coordination of construction activities required by the City; add call-outs for “construction traffic ahead” signage along trail warning pedestrians of the construction entrance. 6. On sheet 8 of 10: It is difficult to easily identify tree call-outs and locations on the plans due to the colored image, update accordingly to achieve clarity. 7. On sheet 9 of 10: update call-out for topsoil to eliminate “mulch & disc anchor” due to the proximity to the lake and add “hydro-mulch” instead; illustrate both side slopes of road embankment to be 2% towards road, currently only the “right” side is called out, for clarity. 8. On sheet L-1 “Landscape Plan”: All trees located over storm sewer pipe or other storm sewer appurtenances shall be relocated to eliminate any conflicts (i.e. trees shall not be located over storm water pipe). Parks: 1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a condition of approval for two of the three lots. The park fees will be collected in full at the rate in force upon final plat submission and approval. Based upon the current single-family park fee rate of $5,800 per dwelling, the total park fees would be $ 11,600. Environmental Resources Coordinator: 1. Tree planting requirements on each lot are as follows: Lot 1: 1 overstory deciduous, 8 evergreens; Lot 2: 2 deciduous overstory, 5 evergreens; Lot 3: 5 deciduous overstory, 3 evergreens. 2. Any tree removal on Outlots C or D shall be replaced with 2:1 diameter inch trees on the same outlot. 3. Tree preservation fencing must be installed around trees proposed to be saved prior to any construction activities. Planning: 1. Approval of the subdivision is contingent upon the applicant securing the segment of property, to allow the applicant to achieve a 30-foot frontage on a public ROW off of SP-7 Country Oaks Drive and the City Council approving the transfer of Outlot B of Glendale Homes Drive Subdivision from the city to the applicant. 2. Outlots B and C shall not be considered developable separate parcels. These outlots may not be used as an association beach lot. Outlot B may not be sold separately from Lot 3, Block 1 and Outlot C may not be sold separately from Lot 2, Block 1.” 9. General Conditions. The general conditions of this Contract are attached as Exhibit "B" and incorporated herein. SP-8 CITY OF CHANHASSEN BY: Elise Ryan, Mayor (SEAL) AND: Todd Gerhardt, City Manager STATE OF MINNESOTA) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 20__, by Elise Ryan, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC SP-9 Laketown Builders, LLC: BY: Dale Willenbring, President STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20__, by Dale Willenbring, President of Laketown Builders, LLC, a Minnesota limited liability company, on behalf of the company. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: Outlot B, GLENDALE DRIVE HOMES, according to the record plat thereof, Carver County, Minnesota. AND: The north 18.50 feet of Lot 1, Block 2, COUNTRY OAKS, according to the recorded plat thereof, Carver County, Minnesota. AND: That part of Government Lot 5, Section 5, Township 116, Range 23 West, Carver County, Minnesota, being described as follows: Beginning at a point 594.2 feet East of the southwest corner of Government Lot 5, Section 5, Township 116, Range 23 West, thence North 100 feet at right angles to the South line of said Government Lot 5, to place of beginning of parcel of land to be described; thence continuing North 162.5 feet; thence East and parallel with the South line of said Government Lot 5, 766.9 feet to the shore of Lake Minnewashta; thence southwest along said lake shore 187.0 feet more or less to a point 674.28 feet East of the place of beginning; thence West 674.28 feet to the place of beginning. EXCEPT that part described as follows: Commencing at a point 594.2 feet East of the southwest corner of Government Lot 5, Section 5, Township 116, Range 23 West, thence North 100 feet at right angles to the South line of said Government Lot 5, to place of beginning of parcel of land to be described; thence continuing North 132.50 feet; thence East and parallel with the South line of said Government Lot 5, a distance of 10.00 feet; thence South 132.50 feet at right angles to said South line of Government Lot 5; thence deflecting right 90 degrees for a distance of 10.00 feet to the point of beginning. MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT , which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 20 . STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20___, by . NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT , fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of , 20 . STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20___, by . NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 IRREVOCABLE LETTER OF CREDIT No. ___________________ Date: _________________ TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. __________, dated ________________, 2______, of (Name of Bank) "; b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2______. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty- five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: ____________________________________ Its ______________________________ GC-1 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "B" GENERAL CONDITIONS 1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorder's Office or Registrar of Title’s Office of the County where the plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 3. Preliminary Plat Status. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 4. Changes in Official Controls. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 5. Improvements. The improvements specified in the Special Provisions of this Contract shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits from the Metropolitan Council Environmental Services and other pertinent agencies before proceeding GC-2 with construction. The City will, at the Developer's expense, have one or more construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector to respond to questions from the City Inspector(s) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer's design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. 6. Iron Monuments. Before the security for the completion of utilities is released, all monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 8. Site Erosion and Sediment Control. Before the site is rough graded, and before any utility construction is commenced or building permits are issued, the erosion and sediment control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion and sediment control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion and sediment control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion and sediment transport. If the Developer does not comply with the erosion and sediment control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and sediment transport at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion and sediment control requirements. Erosion and sediment control needs to be maintained until vegetative cover has been restored, even if construction has been completed and accepted. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion and sediment control, the City will authorize the removal of the erosion and sediment control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the erosion and sediment control measures. 8a. Erosion Control During Construction of a Dwelling or Other Building. Before a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City Code § 7-22. GC-3 9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 10. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City of the work and construction required by this Contract, the improvements lying within public easements shall become City property. After completion of the improvements, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the public improvements shall be by City Council resolution. 11. Claims. In the event that the City receives claims from laborers, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted with the City, and if the claims are not resolved at least ninety (90) days before the security required by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees. 12. Park Dedication. The Developer shall pay full park dedication fees in conjunction with the installation of the plat improvements. The park dedication fees shall be the current amount in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council resolutions. 13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless otherwise approved by the City, trees not listed in the City’s approved tree list are prohibited. The minimum tree size shall be two and one-half (2½) inches caliper, either bare root in season, or balled and burlapped. The trees may not be planted in the boulevard (area between curb and property line). In addition to any sod required as a part of the erosion and sediment control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of six (6) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City. These conditions must then be complied with within two (2) months after the certificate of occupancy issued, except that if the certificate of occupancy is issued between October 1 through May 1 these conditions must be complied with by the following July 1st. Upon expiration of the time period, inspections will be conducted by City staff to verify satisfactory completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the GC-4 escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not satisfied, the City may use the security to satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant to City Code Section 7-22 or to satisfy any other requirements of this Contract or of City ordinances. These requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. 14. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2) years from the date of final written acceptance. C. The required warranty period for sod, trees, and landscaping is one full growing season following acceptance by the City. 15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent with development plans and City Ordinance. 16. Existing Assessments. Any existing assessments against the plat will be re-spread against the plat in accordance with City standards. 17. Hook-up Charges. . At the time of final plat approval the Developer shall pay 30% of the City Sewer Hook-up charge and 30% of the City Water hook up charge for each lot in the plat in the amount specified in Special Provision, Paragraph 8, of this Development Contract. The balance of the hook-up charges is collected at the time building permits are issued are based on 70% of the rates then in effect, unless a written request is made to assess the costs over a four year term at the rates in effect at time of application. 18. Public Street Lighting. The Developer shall have installed and pay for public street lights in accordance with City standards. The public street lights shall be accepted for City ownership and maintenance at the same time that the public street is accepted for ownership and maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in GC-5 the plat. The fee shall be used by the City for furnishing electricity and maintaining each public street light for twenty (20) months. 19. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be furnished and installed by the City at the sole expense of the Developer. 20. House Pads. The Developer shall promptly furnish the City "as-built" plans indicating the amount, type and limits of fill on any house pad location. 21. Responsibility for Costs. A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents, preparation of the Development Contract, monitoring construction progress, processing pay requests, processing security reductions, and final acceptance of improvements. This fee does not cover the City's cost for construction inspections. The fee shall be calculated as follows: i) if the cost of the construction of public improvements is less than $500,000, three percent (3%) of construction costs; ii) if the cost of the construction of public improvements is between $500,000 and $1,000,000, three percent (3%) of construction costs for the first $500,000 and two percent (2%) of construction costs over $500,000; iii) if the cost of the construction of public improvements is over $1,000,000, two and one-half percent (2½%) of construction costs for the first $1,000,000 and one and one-half percent (1½%) of construction costs over $1,000,000. Before the City signs the final plat, the Developer shall deposit with the City a fee based upon construction estimates. After construction is completed, the final fee shall be determined based upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special Provisions. B. In addition to the administrative fee, the Developer shall reimburse the City for all costs incurred by the City for providing construction and erosion and sediment control inspections. This cost will be periodically billed directly to the Developer based on the actual progress of the construction. Payment shall be due in accordance with Article 21E of this Agreement. C. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. GC-6 D. In addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as, but not limited to, sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. G. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall development improvements. These services shall be provided in accordance with each of the respective franchise agreements held with the City. H. The developer shall pay the City a fee established by City Council resolution, to reimburse the City for the cost of updating the City’s base maps, GIS data base files, and converting the plat and record drawings into an electronic format. Record drawings must be submitted within four months of final acceptance of public utilities. All digital information submitted to the City shall be in the Carver County Coordinate system. 22. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 23. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre-construction meeting for installation of public improvements. Trailers shall be removed from the subject property within thirty (30) days following the acceptance of the public improvements unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Contract. The City is not a guarantor of the Developer’s obligations under this Contract. The City GC-7 shall have no responsibility or liability to lot purchasers or others for the City’s failure to enforce this Contract or for allowing deviations from it. D. Breach of Contract. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. The City may also issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Building Permits. Building permits will not be issued in the plat until sanitary sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface and the site graded and revegetated in accordance with Plan B of the development plans. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Release. This Contract shall run with the land and may be recorded against the title to the property . After the Developer has completed the work required of it under this Contract, at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the issuance of such a certificate, individual lot owners may make as written request for a certificate applicable to an individual lot allowing a minimum of ten (10) days for processing. I. Insurance. Developer shall take out and maintain until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. J. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time GC-8 to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. Assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Construction Hours. Construction hours, including pick-up and deliveries of material and equipment and the operation of any internal combustion engine, may only occur from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors, agents and supplies to comply with these requirements and the Contractor is responsible for their failure to do so. Under emergency conditions, this limitation may be waived by the written consent of the City Engineer. If construction occurs outside of the permitted construction hours, the Contractor shall pay the following administrative penalties: First violation $ 500.00 Second violation $ 1,000.00 Third & subsequent violations All site development and construction must cease for seven (7) calendar days M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and similar devices is prohibited in conjunction with the construction of homes, buildings, and the improvements required under this contract. The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. N. Access. All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. O. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the request. The City shall not be responsible for reshaping or damage to the street base or utilities because of snow plowing operations. The provision of City snow plowing service does not constitute final acceptance of the streets by the City. P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) within the plat and the adjacent off-site storm sewer system that receives storm water from the plat. The Developer shall follow all instructions it receives from the City concerning the cleaning and GC-9 maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end two (2) years after the public street and storm drainage improvements in the plat have been accepted by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special provisions of this contract, will be held by the City for the duration of the 2-year maintenance period. Q. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the platting process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. R. Variances. By approving the plat, the Developer represents that all lots in the plat are buildable without the need for variances from the City's ordinances. S. Compliance with Laws, Ordinances, and Regulations. In the development of the plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District(s); 5. Metropolitan Government, its agencies, departments and commissions. T. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. U. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. V. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi-lot grading project, a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a building permit for the lot. On lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot. GC-10 W. Haul Routes. The Developer, the Developer’s contractors or subcontractors must submit proposed haul routes for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. All haul routes must be approved by the City Engineer X. Development Signs. The Developer shall post a six foot by eight foot development sign in accordance with City Detail Plate No. 5313 at each entrance to the project. The sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the final lift of asphalt on streets. The signs shall contain the following information: project name, name of developer, developer’s telephone number and designated contact person, allowed construction hours. Y. Construction Plans. Upon final plat approval, the developer shall provide the City with two complete sets of full-size construction plans and four sets of 11”x17” reduced construction plan sets and three sets of specifications. Within four months after the completion of the utility improvements and base course pavement and before the security is released, the Developer shall supply the City with the following: (1) a complete set of reproducible Mylar as-built plans, (2) two complete full-size sets of blue line/paper as-built plans, (3) two complete sets of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as-built plans in both .dxf & .tif format (the .dxf file must be tied to the current county coordinate system), (8) digital file of utility tie sheets in either .doc or .tif format, and (9) a breakdown of lineal footage of all utilities installed, including the per lineal foot bid price. The Developer is required to submit the final plat in electronic format. Z. As-Built Lot Surveys. An as-built lot survey will be required on all lots prior to the Certificate of Occupancy being issued. The as-built lot survey must be prepared, signed, and dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before the as-built survey is completed. If the weather conditions at the time of the as-built are not conducive to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may be issued and the as-built escrow withheld until all work is complete. Rev. 3/31/06 CITY COUNCIL STAFF REPORT Monday, July 27, 2020 Subject Gretchen Piper Citizen Action Request Form Section VISITOR PRESENTATIONS Item No: F.1. Prepared By File No:  ATTACHMENTS: Gretchen Piper Citizen Action Request Form City Cou n cil - Citizen Action Request Form Select the date of the City Council meeting you plan to attend to make your visitor presentation.* Printable 2020 City Meeting Calendar Resident Informati on Phone Number*Email* Council Action Reques te d* Summary o f I n f ormation* What Happens Next? Ques tions? City Council Work Session Discussion Date Action City Council Meeting Date Action CITY COUNCIL STAFF REPORT Monday, July 27, 2020 Subject Fire Department Update Section FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE Item No: G.1. Prepared By Don Johnson, Fire Chief File No:  SUMMARY Monthly Fire Department Report with Response Data from June ATTACHMENTS: Narrative Report Monthly Graphs and Tables TO: Heather Johnston, Interim City Manager FROM: Don Johnson, Fire Chief DATE: July 27, 2020 SUBJ: Monthly Fire Department Update Fire Department Staffing Department staffing is at 44 of 45 paid on-call firefighters. To date we have had one reported cases of COVID that impacted staffing levels with no exposure to the department. One firefighter is starting extended personnel leave on August 1 due to job requirements. Effective July 1, Fire Marshal Nutter was promoted to Assistant Chief and will be taking over department training in addition to his regular role as Fire Marshal. Effective August 1, Firefighter Becki White will be promoted to a Paid on Call, Assistant Chief Position and be responsible for the Operations Division. Chief White has extensive prior experience to include being a Full Time Assistant Chief in another metro fire department. The necessity of these promotions were based on two open Assistant Chief Position with administrative and supervisory responsibilities for effective management of the fire department. Fire Department Response The fire department responded to (74) calls for service in June. Call Breakdown for the month: 2 Chief Only 24 Day Only 25 Duty Crew 23 General Alarms Significant calls for June included the following: • (44) Rescue/EMS calls with (5) motor vehicle accidents. • (3) Fire Responses o Exterior Fire at a Townhouse on Maggie Way o Wood Chip Fire at Round House Park (charcoal poured in Mulch) o Trash Can Fire at Lake Minnewashta Park near the beach Heather Johnston Fire Department Update Page 2 Monthly Training • On Shift or On Line training continues as we deal with COVID Guidelines • In July, we resumed group trainings but needed additional training sessions to accommodate small groups. The (4) sessions met our mandatory Auto Extrication Training requirements. Other Activities • On June 27, several fire department volunteers hosted a drive up food donation event collecting over 1,500lbs of food supporting 3 local food shelves. Cash donations were converted to Cub Foods gift cards and also distributed. • On June 29, Mayor Ryan and several members of the department honored (4) of our firefighters who recently completed their two-year probationary period and received their badges and “Black Hat”. A small group of our team participated by bringing the apparatus to each home. • That same evening, Firefighter Gregg Geske, a 27 year veteran of the fire department was awarded the Firefighter of the Year Award in a small station presentation. • On July 4th, several fire department personnel joined CCSO deputies and Park and Rec staff to put on a fireworks show. The Incident Action Plan addressed several possible issues and plans to mitigate incidents. Luckily, the event went occurred with no incidents to report. Fire Marshal Council Update for June 2020 It has been an interesting month with reopening of many businesses in the city. We assisted many businesses with figuring out their new occupancy, including: restaurants, salons, fitness facilities, and city buildings. Somewhat of a challenge at times if the original architectural plans could not be located but we worked through it. I continue to be a part of the MN COVID Task Force updates bi-weekly and send updates out to the department. These have been done virtually and have been very helpful in understanding what issues other fire and police departments are facing in their communities. Control Concepts: new facility at 8077 Century Blvd with large warehouse and office space. All life safety systems were tested and multiple on-site inspections. Will be pre-planning the building with Fire Officers in August. 2100 Stoughton: Finalized inspections of the east warehouse with storage of used/retired military vehicles that are stored by a vendor. Working with two other businesses to review plans for future build out of the middle and west sections of the warehouse. Meeting with fire sprinkler contractor in July to look at sprinkler system additions and modifications to allow for expanded use. Heather Johnston Fire Department Update Page 3 Attended virtual board meetings and training for both the International Association of Arson Investigators and the MN Fire Marshals Association. Fire Investigation The Chanhassen Fire Department responded to a major loss, house fire on Lake Point in the early morning hours of July 5th. A Mutual Aid Fire Inspector was utilized from Eden Prairie as I was on vacation the morning of the event. We continue to work in concert with the occupants/owners insurance investigators to determine a cause. 0 10 20 30 40 50 60 70 80 Apr May June 2020 Calls by Month and Type Rescue & Emergency Medical Service Alarm Calls Good Intent Call Hazardous Condition Service Call Fire 71 50 66 79 86 76 66 72 84 85 85 101 94 88 76 64 71 88 102 85 85 79 84 86 80 75 65 79 77 74 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 2018 2019 2020 691 690 753 921 1,002 905 0 200 400 600 800 1000 1200 2015 2016 2017 2018 2019 2020 Projected Calls for Service by Year Rescue & Emergency Medical Service 60% Alarm Calls 11% Good Intent Call 12% Hazardous Condition 6% Service Call 6% Fire 5% 2020 Calls for Service by % of Call Type Rescue & Emergency Medical Service Alarm Calls Good Intent Call Hazardous Condition Service Call Fire S 13% M 15% T 13% W 17% TH 13% F 13% Sa. 16% 2020 CALLS BY DAY OF WEEK 0 50 100 150 200 250 12-4a 4-8a 8-12p 12-4p 4-8p 8-12a CALLS BY TIME OF DAY 2018 2019 2020 CITY COUNCIL STAFF REPORT Monday, July 27, 2020 Subject Law Enforcement Update Section FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE Item No: G.2. Prepared By Lt. Lance Pearce, CCSO File No:  ATTACHMENTS: Cover memo June 2020 Calls For Service NIBRS codes Monthly breakdown Page 1 Memo TO: Mayor Ryan; Council Members Tjornholm, McDonald, Campion and Coleman FROM: Lieutenant Lance Pearce DATE: July 20, 2020 RE: Law Enforcement Update Attached are the agenda items for the City of Chanhassen council meeting July 27, 2020 for your review and consideration. 1. Carver County Sheriff’s Office City of Chanhassen June 2020 Calls for Service Summary; Group A, Group B, Non-Criminal, Traffic and Administrative. 2. Carver County Sheriff’s Office City of Chanhassen June 2020 Arrest Summary. 3. Carver County Sheriff’s Office City of Chanhassen June 2020 Citation Summary. 4. Staffing update: Full staff with one exception looking to fill the Misdemeanor investigator soon 5. Training update: none Lieutenant Chanhassen Office June 2020 City of Chanhassen 0 10 20 30 40 50 60 70 Felony Assault Felony Theft Drug Felony Other June 2020 Group A 90 10 519 437 Felony Misdemeanor Non Criminal Traffic June 2020 Types of Calls CFS=1056 Total Calls For Service=1056 0 20 40 60 80 100 120 140 June 2020 Non Criminal 29 282 37 95 Driving Complaint Traffic Stops Crashes Citations CITY COUNCIL STAFF REPORT Monday, July 27, 2020 Subject Resolution 2020­XX and 2020­XX: Adopt Assessment Rolls and Award Construction Contract for 2020 Street Rehabilitation Project Section OLD BUSINESS Item No: H.1. Prepared By Charlie Howley, Public Works Director/City Engineer File No: Eng 20­05 PROPOSED MOTION "The City Council adopts a resolution accepting the bids for the 2020 Street Rehabilitation Project No. 20­ 05 and awarding the contract to Valley Paving in the amount of $4,838,838.00; and The City Council adopts a resolution adopting the assessment roll for the 2020 Street Rehabilitation Project No. 20­ 05." Approval requires a 4/5 Vote. SUMMARY This item is for follow­up action from the last City Council meeting (7/13) where the item was tabled to review funding options in more detail.  The funding will be reviewed at the Council work session prior to the regular meeting. RECOMMENDATION Staff has no recommendation as of the time of preparing the Council packet. ATTACHMENTS: Resolution 20­XX Resolution 20­XX CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: July 13, 2020 RESOLUTION NO: 2020-XX MOTION BY: SECONDED BY: A RESOLUTION ACCEPTING THE BIDS AND AWARDING A CONTRACT FOR THE 2020 STREET REHABILITATION PROJECT NO. 20-05 WHEREAS, pursuant to an advertisement for bids for Project No. 20-05 (2020 Street Rehabilitation Project), bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: WHEREAS, Valley Paving, Inc. is the lowest responsible bidder with a total bid amount to be awarded of $4,838,838.00; NOW THEREFORE, BE IT RESOLVED by the Chanhassen City Council: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Valley Paving, Inc. in the name of the City of Chanhassen for the 2020 Street Rehabilitation Project No. 20-05 according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. 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 until a contract has been signed. Passed and adopted by the Chanhassen City Council this 13th day of July, 2020. ATTEST: Heather Johnston, Interim City Manager Elise Ryan, Mayor YES NO ABSENT 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: July 13, 2020 RESOLUTION NO: 2020-XX MOTION BY: SECONDED BY: A RESOLUTION ADOPTING ASSESSMENT ROLL FOR THE 2020 STREET REHABILITION PROJECT NO. 20-05 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of the project area contained within the: 2020 Street Rehabilitation Project NOW THEREFORE, BE IT RESOLVED by the City Council of Chanhassen, Minnesota: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of eight (8) years, the first of the installments to be payable on or before the first Monday in January, 2021, and shall bear interest at the rate of 5.25 percent (5.25%) per annum. This assessment will appear on the first property tax statement for 2021. To the first installment shall be added interest on the entire assessment from November 24, 2020 until December 31, 2020. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid by November 23, 2020; and the owner may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. If the property owner decides not to prepay the assessment before the date given above, the rate of interest that will apply is 5.25 percent (5.25%) per year. The right to partially prepay the assessment is not available. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Passed and adopted by the Chanhassen City Council this 13th day of July, 2020. 2 ATTEST: Heather Johnston, Intermim City Manager Elise Ryan, Mayor YES NO ABSENT CITY COUNCIL STAFF REPORT Monday, July 27, 2020 Subject Resolution 2020­XX and 2020­XX: Adopt Assessment Roll and Award construction contract for Lake Lucy MSA Project Section OLD BUSINESS Item No: H.2. Prepared By Charlie Howley, Public Works Director/City Engineer File No: ENG 20­03 PROPOSED MOTION “The City Council adopts a resolution accepting the bids for the Lake Lucy Road Rehabilitation Project No. 20­03 and awards the contract to Valley Paving in the amount of $678,934.98; and The City Council adopts a resolution adopting the assessment roll for the Lake Lucy Road Rehabilitation Project No. 20­03." Approval requires a 4/5 Vote. SUMMARY This item is for follow­up action from the last City Council meeting (7/13) where the item was tabled to review funding options in more detail.  The funding will be reviewed at the Council work session prior to the regular meeting. RECOMMENDATION Staff will provide its recommendation at the work session. ATTACHMENTS: Resolution 20­XX Resolution 20­XX CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: July 13, 2020 RESOLUTION NO: 2020-XX MOTION BY: SECONDED BY: A RESOLUTION ACCEPTING THE BIDS AND AWARDING A CONTRACT FOR THE LAKE LUCY ROAD REHABILITATION PROJECT NO. 20-03 WHEREAS, pursuant to an advertisement for bids for Project No. 20-03 (Lake Lucy Road Rehabilitation Project), bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: WHEREAS, Valley Paving, Inc. is the lowest responsible bidder with a total bid amount to be awarded of $678,934.98; NOW THEREFORE, BE IT RESOLVED by the Chanhassen City Council: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Valley Paving, Inc. in the name of the City of Chanhassen for the Lake Lucy Road Rehabilitation Project No. 20-03 according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. 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 until a contract has been signed. Passed and adopted by the Chanhassen City Council this 13th day of July, 2020. ATTEST: Heather Johnston, Interim City Manager Elise Ryan, Mayor YES NO ABSENT 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: July 13, 2020 RESOLUTION NO: 2020-XX MOTION BY: SECONDED BY: A RESOLUTION ADOPTING ASSESSMENT ROLL FOR THE LAKE LUCY ROAD REHABILITION PROJECT NO. 20-03 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of: Lake Lucy Road (between TH 41 and Galpin Blvd) NOW THEREFORE, BE IT RESOLVED by the City Council of Chanhassen, Minnesota: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of eight (8) years, the first of the installments to be payable on or before the first Monday in January, 2021, and shall bear interest at the rate of 5.25 percent (5.25%) per annum. This assessment will appear on the first property tax statement for 2021. To the first installment shall be added interest on the entire assessment from November 24, 2020 until December 31, 2020. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid by November 23, 2020; and the owner may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. If the property owner decides not to prepay the assessment before the date given above, the rate of interest that will apply is 5.25 percent (5.25%) per year. The right to partially prepay the assessment is not available. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Passed and adopted by the Chanhassen City Council this 13th day of July, 2020. 2 ATTEST: Heather Johnston, Intermim City Manager Elise Ryan, Mayor YES NO ABSENT CITY COUNCIL STAFF REPORT Monday, July 27, 2020 Subject Approve Metes and Bounds Subdivision at 901 Carver Beach Road Section PUBLIC HEARINGS Item No: I.1. Prepared By Bob Generous, Senior Planner File No: #2020­12 PROPOSED MOTION “The City Council adopts a resolution approving a Metes and Bounds subdivision creating two single­family lots subject to the conditions of approval; and adopts the Findings of Fact and Decision." Approval requires a Simple Majority Vote of members present. SUMMARY A request for approval of a Metes and Bounds subdivision of 2.40 acres into two single­family lots in the Chaparral development.  Metes and Bounds subdivisions, since they meet all requirements of city ordinance and create only two lots which front on a public street, go directly to City Council for review. BACKGROUND The majority of the parcel was created as part of the Chaparral subdivision which was approved on April 3, 1978 and on November 20, 1978 – Approved rezoning to P­1 and Development Plan and plat for Phase I, 95 single­family units north of Kerber Boulevard. The Carver Beach plat was approved in 1927. DISCUSSION The proposed subdivision complies with all of the requirements of City Code and is consistent with the Comprehensive Plan. RECOMMENDATION Staff recommends approval of the Metes and Bounds subdivision creating two single­family lots, and plans prepared by Premier Land Surveying, LLC, dated July 1, 2020, subject to the conditions in the staff report. CITY COUNCIL STAFF REPORTMonday, July 27, 2020SubjectApprove Metes and Bounds Subdivision at 901 Carver Beach RoadSectionPUBLIC HEARINGS Item No: I.1.Prepared By Bob Generous, Senior Planner File No: #2020­12PROPOSED MOTION“The City Council adopts a resolution approving a Metes and Bounds subdivision creating two single­family lotssubject to the conditions of approval; andadopts the Findings of Fact and Decision."Approval requires a Simple Majority Vote of members present.SUMMARYA request for approval of a Metes and Bounds subdivision of 2.40 acres into two single­family lots in the Chaparraldevelopment.  Metes and Bounds subdivisions, since they meet all requirements of city ordinance and create only twolots which front on a public street, go directly to City Council for review.BACKGROUNDThe majority of the parcel was created as part of the Chaparral subdivision which was approved on April 3, 1978 andon November 20, 1978 – Approved rezoning to P­1 and Development Plan and plat for Phase I, 95 single­familyunits north of Kerber Boulevard.The Carver Beach plat was approved in 1927.DISCUSSIONThe proposed subdivision complies with all of the requirements of City Code and is consistent with theComprehensive Plan.RECOMMENDATION Staff recommends approval of the Metes and Bounds subdivision creating two single­family lots, and plans prepared by Premier Land Surveying, LLC, dated July 1, 2020, subject to the conditions in the staff report. ATTACHMENTS: Staff Report Findings of Fact and Decision Resolution Development Review Application Minor Subdivision Plan Site Plan Tree Replacement Calculation Affidavit Public Hearing CC DATE: July 27, 2020 CITY OF CHANHASSEN REVIEW DEADLINE: CASE #: 2020-12 BY: RG, EH, JR, JS, MU SUMMARY OF REQUEST: Request for approval of a Metes and Bounds subdivision of 2.40 acres into two single-family lots in the Chaparral development. LOCATION: 901 Carver Beach Road APPLICANT: Mary Jane Brown Beach Road, LLC 790 Santa Vera Drive Chanhassen, MN 55317 (952) 201-2568 Jane.brown@bakertilly.com PRESENT ZONING: Planned Unit Development – Residential, PUD-R 2040 LAND USE PLAN: Residential Low Density ACREAGE: 2.4 acres DENSITY: 1.33 net units per acre. Level of City Discretion in Decision-Making: The city’s discretion in approving or denying a subdivision is limited to whether or not the proposed subdivision meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the city must approve the subdivision. This is a quasi- judicial decision. PROPOSAL/SUMMARY The applicant is requesting approval of a Metes and Bounds subdivision of 2.40 acres into two single-family lots, creating one additional building site. APPLICABLE REGULATIONS Chapter 18, Subdivisions Chaparral Planned Unit Development – Residential, PUD-R PROPOSED MOTION: “The Chanhassen City Council approves the resolution approving a Metes and Bounds subdivision creating two single-family lots subject to the conditions of approval, And adopts the findings of fact and decision,” Metes and Bounds Subdivision July 27, 2020 Page 2 BACKGROUND The house on the property was constructed in 1983. The majority of the parcel was created as part of the Chaparral subdivision which was approved on April 3, 1978 and November 20, 1978 – Approved rezoning to P-1 and Development Plan and plat for Phase I, 95 single-family units north of Kerber Boulevard. The Carver Beach plat was approved in 1927. EXISTING CONDITIONS SITE CONSTRAINTS Bluff Creek Corridor This property is not located within the Bluff Creek Overlay District. The City of Chanhassen established the Bluff Creek Overlay District by ordinance in 1998 to protect the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees through the use of careful site design and other low-impact practices. Section 20-1255 of the Chanhassen City Code requires a conditional use permit for all development within the Bluff Creek Corridor. Wetland Protection There is a wetland located on the property. The proposed development will not impact this wetland. A wetland delineation was done for the property. The wetland on the property is classified as Manage 3. This means that required wetland buffer is 16.5-feet wide and the required buffer setback is 15-feet for accessory structures and 30-feet for principal structures. Retaining walls and fences must be located outside of the wetland buffer. Bluff Protection There are no bluffs on the property. Shoreland Management The property is not located within a shoreland protection district. Floodplain Overlay This property is not within a floodplain. Metes and Bounds Subdivision July 27, 2020 Page 3 SUBDIVISION REVIEW The applicant is requesting a metes and bounds subdivision to create two lots. GRADING, DRAINAGE & EROSION CONTROL The applicant is proposing minimal grading for the proposed house on Parcel A. The preliminary grading plans indicate that drainage will be routed away from the proposed new housing pad on Parcel A. The provided grading plan does indicate that grading will be occurring across property lines on Parcel B. A temporary construction easement or right of entry easement will be required prior to grading operations being conducted. However, as this report will discuss under “Retaining Walls”, this may not be required if subsequent conditions are approved. Any additional comments regarding grading will be provided during building permit submittals. Erosion Prevention and Sediment Control The proposed development will trigger Rule C-EPSC, Rule D-Wetland and Creek Buffers, and Rule J-Stormwater Management, for the Riley, Purgatory, Bluff Creek Watershed District. This will need to go before the Board of Managers for approval. All erosion control shall be installed and inspected prior to initiation of site grading activities. Metes and Bounds Subdivision July 27, 2020 Page 4 Retaining Walls The applicant is proposing the construction of three retaining walls on Parcel A, two of which are illustrated at exactly four feet in height. If any retaining wall exceeds four feet in height, plans prepared by a registered engineer or landscape architect shall be submitted with the building permit for review and approval. This measurement is from the top of wall to the bottom of the foundation. One retaining wall, located on the southeast corner of the proposed house, will extend into the required drainage and utility easement previously discussed under “Easements”. Fixed structures, such as retaining walls, shall not be located within drainage and utility easements. If the condition is approved requiring side lot drainage and utility easements along all property lines, this will require either an adjustment to the retaining wall design or proposed grading plan, or, the relocation of the house to the west. STORMWATER MANAGEMENT Article VII, Chapter 19 of City Code describes the required storm water management development standards. Section 19-141 states that “these development standards shall be reflected in plans prepared by developers and/or project proposers in the design and layout of site plans, subdivisions and water management features.” This site lies within the boundaries of the Riley Purgatory Bluff Creek Watershed District, RPBCWD, and is subject to their stormwater management requirements. Section 4-30 of City Code sets out the fees associated with surface water management. A water quality and water quantity fee are collected with a subdivision. These fees are based on land use type and are intended to reflect the fact that the more intense the development type, the greater the degradation of surface water. With all subdivisions, stormwater utility connection fees are collected. Fees are used to maintain storm sewer infrastructure and to construct water quality improvement projects. RIGHT-OF-WAY, STREETS AND EASEMENTS The applicant is proposing to record atypical drainage and utility easements (D&U) around both Parcel A and Parcel B. Per City Ordinance, standard D&U’s are located on side, rear and front lot lines. While Parcel B is proposed to have D&U’s to this effect, Parcel A’s lot lines are absent of D&U’s in certain locations, particularly the lot line shared with Parcel B. Staff is requesting that both parcels adhere to typical D&U requirements conforming to City Ordinance, (i.e. D&U’s shall be located along each parcel’s lot lines). The only difference from City Ordinance PER ACRE FEE ACRES FEE $8,490 2.0494 17,399.41$ $8,490 0.895 (7,598.55)$ $8,490 -$ $8,490 -$ $8,490 -$ $8,490 -$ 1.1544 9,800.86$ AREA SURFACE WATER DEVELOPMENT FEE GROSS AREA WETLAND AND POND NET AREA Metes and Bounds Subdivision July 27, 2020 Page 5 would be that the lots will have six foot side and rear yard D&U’s (where applicable) as to remain in conformance with the surrounding neighborhood’s D&U pattern approved upon original recording of the subdivision (Chaparral, 1978). Furthermore, upon review it was found that the D&U does not fully encompass the delineated wetland, staff is requesting that the D&U be adjusted in order to further protect in perpetuity the sensitive area. The applicant is proposing to combine a lot (Lot 1303) with Parcel B with the recording of this proposed subdivision. When the original plat for the Chaparral subdivision was recorded back in 1978, the subdivision dedicated adequate right-of-way for Carver Beach Road to achieve a 50 foot width. While not up to today’s right-of-way width standards, staff is requesting that the applicant enter into a right-of-way easement agreement to obtain a consistent right-of-way corridor for Carver Beach Road of 50 feet. This would require an easement 10 feet in width and 20 feet long along Parcel B’s northeast property line abutting Carver Beach Road. Lastly, as the new property lines will be encumbered by D&U’s, any approved encroachments, existing or proposed, associated with the subdivision shall be required to enter into an encroachment agreement. One such encroachment illustrated on the plans is an existing fence located on Parcel B. The plan specifies a proposed drainage & utility easement vacation. Vacations require a separate public hearing process; and as the original development review application did not indicate a request for vacation, the applicant will be required to file another development review application for the desired vacation. SANITARY SEWER AND WATER MAIN The newly proposed home on Parcel A will have access to adequate public sanitary sewer and water facilities within Carver Beach Road right-of-way. The plans illustrate new connections to the existing 8” PVC sanitary sewer main and the 18” DIP water main. However, city records indicate that during public project 75-02, sanitary sewer and water services were already stubbed to the property, see image below. Metes and Bounds Subdivision July 27, 2020 Page 6 Figure 1 - As-built from Project 75-02 Abutting 901 Carver Beach Road LANDSCAPING AND TREE PRESERVATION The applicant for the metes and bounds subdivision at 901 Carver Beach Road has submitted tree canopy coverage and preservation calculations. Calculations for the site are as follows: Total upland area (excluding wetlands) 1.15 ac. or 50,273 SF Baseline canopy coverage 90% or 45,246 SF Minimum canopy coverage required 55% or 27,650 SF Proposed tree preservation 65% or 33,119 SF The developer meets minimum canopy coverage for the site. A minimum of one tree is required to be planted in the front yard of the new home as required by ordinance. There are discrepancies in the tree inventory submitted. Inventory data is missing from the table and there are contradictions between trees listed as removed/saved in the table and trees shown as removed/saved on the survey. The applicant shall submit a corrected inventory and survey that also shows tree protection fencing to be installed around the entire site at the edge of the grading limits. The corrections should not move the calculations significantly in one direction or another. PARKS & RECREATION The quality and number of recreational facilities in a community directly contributes to its quality of life. For this reason, the City of Chanhassen places a strong emphasis on parks and open space. As Metes and Bounds Subdivision July 27, 2020 Page 7 the City of Chanhassen has developed and increased in population, more pressure and attention has been given to providing recreational opportunities for our residents. Increased leisure time, health awareness, greater mobility, and high disposable incomes have all contributed to the increased demand for recreational activities. The challenge of the next century will be to provide facilities for a growing and diverse population. Parks can be defined as public areas that provide active or passive-oriented recreational facilities. A significant characteristic of parkland is its accessibility to its users. Open space is any parcel that is not used for buildings or other structures and is left in a natural state. Parks and open space perform diverse functions such as: meeting physical and psychological needs, enhancing and protecting the resource base, enhancing real estate values, and providing a positive impact on economic development. Parks The goal of neighborhood parks is to provide informal recreational opportunities close to where people live. Chanhassen operates under the standard that all residents should be within walking distance, or a half mile, of a neighborhood park. The proposed development is located within ½ mile of Meadow Green Park and Carver Beach Playground Park. Trails The city’s goal is to maintain a comprehensive and easily navigable trail and sidewalk system that connects neighborhoods to park and recreation facilities, schools, community destinations and other communities. No additional trails are required of this development. Park and Trail Conditions of Approval Park Dedication Fees shall be collected at the rate enforced upon the date of approval for the new single-family lot. The 2020 Park Dedication fee is $5,800 per single family lot. MISCELLANEOUS The applicant shall provide soils reports as part of the building permit application. Any retaining walls proposed with the site development must receive appropriate city permits. PERMITS At this time, staff has determined that the developer must contact the following agencies for permits: a) Riley-Purgatory-Bluff Creek Watershed District b) City of Chanhassen for building permits Metes and Bounds Subdivision July 27, 2020 Page 8 COMPLIANCE TABLE Area (sq. ft.) Width (ft.) Depth (ft.) Hard Cover % / sq. ft. Notes Code 10,000 80 120 30* / 3,000 A 89,270 240 290 30% max 2.05 acres B 15,069 97 154 17.2 0.35 ac., existing house Total 104,339 2.4 ac. acres Setbacks: Front - 30 ft., Side - 10 ft., Rear - 10 ft., Wetland - 16.5 foot buffer, 30 foot buffer setback. Hard cover is averaged over the entire Chaparral development. ASSESSMENTS Water and sewer partial hookups are due at the time of recording of the subdivision. The partial hookup fees will be assessed at the rate in effect at that time. The remaining partial hookups fees are due with the building permit. Based on the proposal, the following fees will be collected prior to recording of the subdivision: a) Surface Water Development Fee: $9,800.86 b) Park Dedication Fee: $5,800.00 RECOMMENDATION Staff recommends approval of the metes and bounds subdivision creating two single-family lots, plans prepared by Premier Land Surveying, LLC, dated July 1, 2020, subject to the following conditions: Engineering: 1. The applicant shall update the parcels description to adhere to six (6) foot side and rear yard drainage and utility easements (as applicable) and ten (10) foot front yard drainage and utility easements on both Parcel A and Parcel B prior to recording of the subdivision. 2. The property owner of Parcel B shall enter into an encroachment agreement for the existing fence within the newly created drainage and utility easement prior to recording of the subdivision. 3. The applicant shall enter into a right-of-way easement agreement with the city to obtain a consistent 50-foot right-of-way corridor along Carver Beach Road prior to recording of the subdivision. 4. Retaining walls shall not be constructed within drainage and utility easements. Metes and Bounds Subdivision July 27, 2020 Page 9 5. The development fees associated with this subdivision shall be paid prior to recording of the subdivision. Fees are based on rates in effect at the time of recordation. For 2020 they total $15,600.86 and are enumerated as such: a. Surface Water Development Fee: $9,800.86 b. Park Dedication Fee: $5,800.00 Environmental Resources: 1. Tree preservation fencing must be installed at the edge of grading limits prior to any construction activities. 2. The applicant shall submit a corrected inventory and survey that also shows tree protection fencing to be installed around the entire site at the edge of the grading limits. Parks & Recreation: 1. Park dedication fees in the amount of $5,800 shall be paid prior to recording the subdivision. Water Resources: 1. Retaining walls and fences must be located outside of the wetland buffer. 2. The applicant shall adjust the drainage and utility easements to fully encompass the delineated wetland on the property. 3. A surface water management fee in the amount of $9,800.86 shall be paid prior to recording the subdivision. 4. The proposed development will trigger Rule C-EPSC, Rule D-Wetland and Creek Buffers, and Rule J-Stormwater Management, for the Riley, Purgatory, Bluff Creek Watershed District and must receive a permit from them. And adoption of the Findings of Fact and Decision. ATTACHMENTS 1. Findings of Fact and Decision. 2. Resolution 3. Development Review Application. 4. Minor Subdivision plan prepared by Premier Land Surveying, LLC, dated 07/01/20 5. Site Plan prepared by Premier Land Surveying, LLC, dated 07/01/20 6. Tree Replacement Calculation prepared by Premier Land Surveying, LLC, dated 07/09/20 7. Affidavit Public Hearing Notice and Mailing List. g:\plan\2020 planning cases\20-12 901 carver beach rd metes and bounds sub\staff report 901 carver beach metes and bounds.docx 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Mary Jane Brown, Beach Road LLC, for Subdivision approval. On July 27, 2020, the Chanhassen City Council met at its regularly scheduled meeting to consider the application of Mary Jane Brown, Beach Road LLC, for approval of a metes and bounds subdivision of property into two lots. The City Council conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The City Council heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development – Residential, PUD-R. 2. The property is guided in the 2040 Comprehensive Land Use Plan for Residential Low Density uses. 3. The legal description of the property is: Lot 1, Block 1, Chaparral, Carver County, Minnesota and Lot 1303, Carver Beach, Carver County, Minnesota. 4. The Subdivision Ordinance directs the City Council to consider seven possible adverse effects of the proposed subdivision. The seven (7) effects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance including the Chaparral Planned Unit Development - Residential district regulations; b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's Comprehensive Plan. The proposed development implements the following policies and goals: Land Use: Create a mixture of development capable of providing a high quality of life and a reliable tax base; Encourage development within the MUSA; Support low density residential development in appropriate areas of the community in such a manner as to maintain the aesthetic of existing single-family areas, and to create new neighborhoods of similar character and quality; and Housing: Provide housing opportunities for all residents, consistent with the identified community goals; Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs; and the city shall require development within the density range given by the Comprehensive Plan; c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater drainage are suitable for the proposed development; 2 d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by the subdivision ordinance, Chapter 18, and Water, Sewers and Sewage Disposal, Chapter 19; e. The proposed subdivision will not cause significant environmental damage; f. The proposed subdivision will not conflict with easements of record; and g. The proposed subdivision is not premature since adequate infrastructure is available. A subdivision is premature if any of the following exists: 1). Lack of adequate stormwater drainage. 2). Lack of adequate roads. 3). Lack of adequate sanitary sewer systems. 4). Lack of adequate off-site public improvements or support systems. 5. The planning report #2020-12 dated July 27, 2020, prepared by Robert Generous, et al, is incorporated herein. DECISION The City Council approves the resolution approving the metes and bounds subdivision creating two single-family lots subject to the conditions of the planning report. ADOPTED by the Chanhassen City Council this 27th day of July, 2020. CHANHASSEN CITY COUNCIL BY:___________________________________ Its: Mayor 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: July 27, 2020 RESOLUTION NO: 2020- MOTION BY: SECONDED BY: A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION MARY JANE BROWN, 901 CARVER BEACH ROAD WHEREAS, Mary Jane Brown of Beach Road, LLC, has requested approval of a metes and bounds subdivision creating two single-family lots on property in Chanhassen described as: Lot 1, Block 1, Chaparral, Carver County, Minnesota and Lot 1303, Carver Beach, Carver County, Minnesota; and WHEREAS, the property is guided for Residential Low Density use; and WHEREAS, the property is zoned Planned Unit Development – Residential district, PUD-R; and WHEREAS, the proposed metes and bounds subdivision complies with all requirements of the Chanhassen City Code; and WHEREAS, the proposed metes and bounds subdivision adequately provides for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by the city; and WHEREAS, the proposed metes and bounds subdivision is consistent with the Chanhassen Comprehensive Plan and Zoning ordinance. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves a metes and bounds subdivision consisting of two tracts: Parcels A and B, subject to the following conditions: Engineering: 1. The applicant shall update the parcels description to adhere to six (6) foot side and rear yard drainage and utility easements (as applicable) and ten (10) foot front yard drainage and utility easements on both Parcel A and Parcel B prior to recording of the subdivision. 2. The property owner of Parcel B shall enter into an encroachment agreement for the existing fence within the newly created drainage and utility easement prior to recording of the subdivision. 3. The applicant shall enter into a right-of-way easement agreement with the city to obtain a consistent 50-foot right-of-way corridor along Carver Beach Road prior to recording of the subdivision. 4. Retaining walls shall not be constructed within drainage and utility easements. 2 5. The development fees associated with this subdivision shall be paid prior to recording of the subdivision. Fees are based on rates in effect at the time of recordation; for 2020 they total $15,600.86, and are enumerated as such: a. Surface Water Development Fee: $9,800.86 b. Park Dedication Fee: $5,800.00 Environmental Resources: 1. Tree preservation fencing must be installed at the edge of grading limits prior to any construction activities. 2. The applicant shall submit a corrected inventory and survey that also shows tree protection fencing to be installed around the entire site at the edge of the grading limits. Parks & Recreation: 1. Park dedication fees in the amount of $5,800 shall be paid prior to recording the subdivision. Water Resources: 1. Retaining walls and fences must be located outside of the wetland buffer. 2. The applicant shall adjust the drainage and utility easements to fully encompass the delineated wetland on the property. 3. A surface water management fee in the amount of $9,800.86 shall be paid prior to recording the subdivision. 4. The proposed development will trigger Rule C-EPSC, Rule D-Wetland and Creek Buffers, and Rule J-Stormwater Management, for the Riley, Purgatory, Bluff Creek Watershed District and must receive a permit from them. Passed and adopted by the Chanhassen City Council this 27th day July of 2020. ATTEST: Heather Johnston, Interim City Manager Elise Ryan, Mayor YES NO ABSENT COMUUNITY DEVELOPMENT DEPART ENT Planning Division - 7700 Market Boulevard Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Phone: (9521227-1'100 / Fax: (9521227-1110 CITYOTCIINIIASSII{ QI APPLICATION FOR DEVELOPMENT REVIEW ( :z:PC Date:1 2/)Submittal Date CC Oate: Section 1: Application Type (check all that apply) (Refet to the aoptuptidte Applicat on Ch€c'HN lor Gquhed sutunittal intornbtbn thal nl/Ust @n@ny l,i,is application) D Comprehensive Plan Amendment.....-................... $600 E Minor MUSA line for failing on-site sewers ..... $100 E Conditional Use Permit (CUP) E subdivision (SUB) f] Create 3lots or less..E Create over 3 |ots......( lots)A Metes & Bounds (2 lots)........... D Consolidate Lots....................... ............................$300 .......$600 + $15 p6r lot .............._-..... $300 ......................0150 E Single-Family ResidenceE ett ourers........ E tnteam Use Permit (lUP) E AI ohers...... E Rezoning (REZ) ..... $325 ..... $425 D Lot Line Adjustment..................E Fi;"r iil.-:--....,.......:..................E ln coniunction with Single-Family Residence.. $325 .............. s150 ...-......... $700 Plann€d Unit Development (PUD) . Minor Amendment to existing PUD All Others.-............ (lncludes $450 escrow for attomey costs)' 'AddilirEl €scrorv nlay be rcqrrcd tot odle applicatims throl46 the de\dopanent contracl. E Vacation of Easements/Right-of-way (VAC)........ $300 (Additioial leco.dirE ,e€s may apdy) E Variance (VAR)............... ................ .................. $200 E Weuand Alteration Permit (WAP) E Single-Famity ResidenceE nt ottrers........ ... $150 ...$275 tr! ..... $425 trtrtr ....... $750 ..._... $100 ..-.... $500 E Sign Plan Review............................ D Site Plan Review (SPR) ! Administrative. n Commerciaulndustrial Districts' .. $100 .. $500 E zoning Appea|................. $100 fl Zoning Ordinance Amendment (ZOA)................. $500 .... $500 !!qIE: Whon multiple application3 are proce3sed concunBnty, the apFopriate fa6 shall bo charged tor each applic.tion. $200 $3 per address LZ9- addresses) ................ S50 per document Site Plan Agreement Wetland Atteration Permit ........... $1s0 Plus $ 1 0 per '1 ,000 square feet of building area( thousand square feet) 'lnclude number of g&ElEg erndolees: _ 'lnclude iumber of @! employees: D ResidentialDistricts Plus $5 per dwelling unit ( units) E Notification Sign (city to instatt aid rcfllow) ................... E Property Owners' List within 500' (city to g€rBrate afrer prs-applkatirr meeting)......... @ Escrow for Recording Documents (check all that E Conditional Use Permit app!lv)........................... lnterim Use Permit E vacation D Variance E Metes E Bounds Subdivision (3 docs.) tr Easoments (- easements)l-l oeeasfrral ree, $1,337.00 Section 2: Required lnformation Description of Proposal Property Address or Locataon 901 Carver Beach Rd, Chanhassen, MN 553't7 Parcel #:2s.2000010 Legal Description:Section 02 Township 1'16 Range 023 Chapanal Lot 00'l Block 001 TotalAcreage: Prssent Zoning 2.40 Wetlands Present?Z ves EHo . Planned Unit Development (PUD)Requested Zoning . Planned Unit Development (PUD) Present Land Use Oesignation:Residential Low Density Requested Land Use Designation Residential Low Density Existing Use of Property:Single Family Residence f]Ctrect oox it separate nanalive is attached @Oay Review Date: _ Section 3: Property Owner and Applicant lnformation APPLICAI{T OTHER THAN PROPERW OW{ER: ln signing this application, l, as applicant, represent to have obtalnod authorization from the property owner to file this application. I agree to be bound by conditions of approval, sub.iect only to the right to object at the hearings on the application or during the appeal period. lf this application has not been signed by the prop€rly owner, I have attached separate documentation of full leg6l capacity to file the application. This application should be processed in my name and I am th€ party whom the City should contact r€garding any matter p€rtaining to this application. I will ke€p m)rsetf informed of the deadlines for submission of material and the progress of this application. I further understand that addfional fees may be charged for consulting fees, feasibility studi6s, etc. with an estimate prior to any authorization to proce€d wfi the study. I certify that the infomation and exhibits submitted are true and conect. Name:Contact: Phone:Address: City/Statezip: Email: Cell: Fax: Signature Date: PROPERTY OWNER: ln signing this application, l, as property owner, have tull legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to b€ bound by those conditions, subject only to the right to ob.lect at the hearings or during th6 appeal periods. I will keop mysetf infomed of ths deadlines for submission of material and the progress of this applicatjon. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with lhe study. I certify that the information and exhibits submitted are t ue and conect. Name:Mary Jane Brown, Member Beach Road, LLC Contact:Jana Brrnrnr (9s2) 201-2568Address:790 Santa Vera Dr Phone city/statezip:Chanhassen, MN 55317 Cell: Fax: (952) 201-2568 Email jane.com / mjbrown8ggo@gmail.com Signature L-Li-.oale 6123120 PROJECT ENGINEER (rf applicable) Contact: Phone: Cell: Fax: Who should receive copies of staff reports? EI Property Owner Ma:Email Email Email tr Dtr Mailed Paper Copy Mailed Pap€r Copy Mailed Paps Copy Applicant Engineer Other' Ma: Via: Address: INSTRUCTIONS TO APPLICANT: Complete all necossary form fislds, then solect sAvE FoRM to save a copy to your device. PRINT FORM and dsliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing SAVE FORTI PRINT FORM SUB}IIT FORM This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appopriate Application Ch€cklisl and confer wilh the Planning Department to determine the sp€cmc ordinance and applicabl€ procsdural r€quirements and f€es. A determination of completeness of the applicatbn shall be made within 15 busin€ss days of applicadon submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business da)rs of apdication. Ma: E Email E Mail€d Paper Copy No-o. Add*o. Crty/Statezip: E-oil. Section 4: Notification lnformation 'Olrrer Contac-t lntormatlon: No-o - City/Statezip: _ Email: _ CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on July 16, 2020, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public hearing to consider a request for approval of a Metes and Bounds subdivision of 2.40 acres into two single-family lots in the Chaparral development(901 Carver Beach Road); Zoned Planned Unit Development-Residential (PUD-R), Planning Case File No. 2020-12 to the persons named on attached Exhibit '`A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. 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OO g D_ 2 Q o ocg Q wO2 0 D_ 4- 0O O O MN 00 O O O O O O O kr) tD tD e-1 r1 O L.r) Lri w N N CITY COUNCIL STAFF REPORT Monday, July 27, 2020 Subject Approve a Request for a Conditional Use Permit (CUP) for Food Processing and Outdoor Storage for Six Silos on Property Located at 2100 Stoughton Avenue (Hemp Acres) Section NEW BUSINESS Item No: J.1. Prepared By Bob Generous, Senior Planner File No: 2020­09 PROPOSED MOTION "City Council approves the Conditional Use Permit for food processing operation with outdoor storage for six 35­ foot silos subject to the Conditions of Approval; and Adopts the Planning Commission's Findings of Fact." Approval requires a Majority Vote of the entire council. SUMMARY A request for a Conditional Use Permit (CUP) for food processing and outside storage for six silos on the westerly 50,160 square feet of the River Valley Business Center, a 180,000 square­foot, four­unit, office­industrial­warehouse building (Hemp Acres). BACKGROUND River Valley Business Center, an 180,000 square­foot, four­unit, office­industrial­warehouse building, is the successor of the Gedney Pickle processing plant.  On October 10, 2010, the City Council approved a 39,000 square­foot, one­story warehouse expansion on the east end of the building. (Planning Case #2010­11) In May, 1979, the City Council approved a 41,500 square­foot warehouse expansion, 6,000 square­foot sauerkraut manufacturing facility and 1,200 square­foot refrigeration storage. (Planning Case P­125 / SPR #71­1). In June, 1968, the City of Chaska and Village of Chanhassen entered into an agreement to annex to Chanhassen and de­annex from Chaska, land being purchased by M.A. Gedney for plant operations. On April 1, 1963, the City of Chaska and M.A. Gedney entered into a sewer connection agreement. In 1958, M.A. Gedney’s pickle manufacturing operations were consolidated at the plant on Stoughton Avenue. DISCUSSION CITY COUNCIL STAFF REPORTMonday, July 27, 2020SubjectApprove a Request for a Conditional Use Permit (CUP) for Food Processing and OutdoorStorage for Six Silos on Property Located at 2100 Stoughton Avenue (Hemp Acres)Section NEW BUSINESS Item No: J.1.Prepared By Bob Generous, Senior Planner File No: 2020­09PROPOSED MOTION"City Council approves the Conditional Use Permit for food processing operation with outdoor storage for six 35­foot silos subject to the Conditions of Approval; andAdopts the Planning Commission's Findings of Fact."Approval requires a Majority Vote of the entire council.SUMMARYA request for a Conditional Use Permit (CUP) for food processing and outside storage for six silos on the westerly50,160 square feet of the River Valley Business Center, a 180,000 square­foot, four­unit, office­industrial­warehousebuilding (Hemp Acres).BACKGROUNDRiver Valley Business Center, an 180,000 square­foot, four­unit, office­industrial­warehouse building, is the successorof the Gedney Pickle processing plant. On October 10, 2010, the City Council approved a 39,000 square­foot, one­story warehouse expansion on the eastend of the building. (Planning Case #2010­11)In May, 1979, the City Council approved a 41,500 square­foot warehouse expansion, 6,000 square­foot sauerkrautmanufacturing facility and 1,200 square­foot refrigeration storage. (Planning Case P­125 / SPR #71­1).In June, 1968, the City of Chaska and Village of Chanhassen entered into an agreement to annex to Chanhassen andde­annex from Chaska, land being purchased by M.A. Gedney for plant operations.On April 1, 1963, the City of Chaska and M.A. Gedney entered into a sewer connection agreement.In 1958, M.A. Gedney’s pickle manufacturing operations were consolidated at the plant on Stoughton Avenue. DISCUSSION The applicant is proposing to remodel the western 50,160 square feet of the building as a food processing facility making consumable food products, oil and protein powder from hemp seeds. The site provides the opportunity to expand the operation as it goes forward. The processing portion of the operation will encompass 20,000 square feet, the warehouse portion encompasses 27,355 square feet and the office portion encompasses 2,805 square feet. The hemp seeds will be stored in six 4,000­6,000 bushel bins (16 foot diameter by 35­foot tall silos) located on the northwest corner of the building. The applicant intends to expand his operation in the future, which will lead to the use of all six silos. The Planning Commission held a public hearing on July 7, 2020 to review the proposed development.  The Planning Commission voted unanimously, 6­0, to recommend approval of the proposed development. The Planning Commission believes that the proposed use is a very good use for the site. The minutes from the July 7, 2020 Planning Commission meeting are attached. RECOMMENDATION Staff and the Planning Commission recommend approval of the Conditional Use Permit to allow Hemp Acres to process food products from hemp seeds and allow the construction of six 35­foot tall silos based on the plans prepared by Phillip D. Johnson, Architect, dated April 4, 2020, subject to the conditions of approval in the Planning Commission staff report. ATTACHMENTS: Conditional Use Permit Legal Description Staff Report Findings of Fact and Recommendation Development Review Application Project Narrative HACCP Property Survey Building Elevations Tenant Plans Detail Plans SAC Determination Parking Analysis Carver County Review Affidavit of Mailing Notice and List Planning Commission Summary Minutes dated July 7, 2020 Planning Commission Verbatim Minutes dated July 7, 2020 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT #2020-09 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: Food processing operation with outdoor storage for six 35-feet silos. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: See Exhibit A 3. Conditions. The permit is issued to allow Hemp Acres to process food products from hemp seeds and allow the construction of six 35-feet tall silos based on the plans prepared by Phillip D. Johnson, Architect, dated April 4, 2020, with the following conditions: Building: 1) A building permit will be required for unit improvements, silo installation, and unit remodeling. Engineering: 1) If an intensification or increase in use or an expansion is requested for the site, a traffic analysis will be required to determine the volume of traffic the new site will generate. 2) Any future intensification of the site usage shall investigate the use of the driveway access to Audubon Road. Natural Resources: 1) The applicant shall work with city staff to finalize a planting plan. 2) The applicant shall incorporate a landscape buffer along the north side of the building, which includes Autumn Blaze maple, Siouxland poplar, Black Hills spruce and Amur maples. 3) The front planting areas shall have wood mulch as a ground cover. 4) All proposed parking lot landscape islands and peninsulas shall comply with City Code. Planning: 1) When the site is redeveloped or the usage intensifies, the existing pickle tanks shall be removed from the property unless they are used as part of the building tenant operation. Water Resources: 1) Updated plans illustrating the total land disturbance activities associated with all site improvements shall be submitted for review and approval by the city. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. This permit becomes void if the property for which the permit is issued is subdivided or the lot lines of the property altered. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: July 27, 2020 CITY OF CHANHASSEN BY: Elise Ryan, Mayor (SEAL) AND: Heather Johnston, Interim City Manager STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 20___, by Elise Ryan, Mayor, and by Heather Johnston, Interim City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ___________________________________ NOTARY PUBLIC DRAFTED BY: City of Chanhassen P. O. Box 147 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 CITY OF CHANHASSEN PC DATE: July 7, 2020 CC DATE: July 27, 2020 REVIEW DEADLINE: August 4, 2020 CASE #: 2020-09 BY: RG, EH, JS, ET, MU SUMMARY OF REQUEST: Conditional Use Permit (CUP) for food processing and outside storage for six silos on the westerly 50,160 square feet of the River Valley Business Center, a 180,000 square foot, four unit, office-industrial-warehouse building (Hemp Acres). APPLICANT: Charles Levine Joel Buttenhoff (Owner) Hemp Acres, LLC Capstone Investors, LLC 8420 County Road 10 E. 102 N. Jonathan Boulevard, #200 Waconia, MN 55387 Chaska, MN 55318 952-442-4832 952-368-9009 LOCATION: 2100 Stoughton Avenue PID 25.0030700 PRESENT ZONING: Industrial Office Park, IOP 2020 LAND USE PLAN: Office Industrial ACREAGE: 24.19 acres DENSITY: 0.17 F.A.R. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city has limited discretion in approving or denying Conditional Use Permits, based on whether or not the proposal meets the Conditional Use Permit standards outlined in the Zoning Ordinance. If the city finds that all the applicable Conditional Use Permit standards are met, the permit must be approved. This is a quasi-judicial decision. PROPOSED MOTION: “The Chanhassen Planning Commission recommends City Council approve the Conditional Use Permit for food processing operation with outdoor storage for six 35-foot silos subject to the Conditions of Approval, And Adopts the Findings of Fact and Recommendation.” Hemp Acres July 7, 2020 Page 2 of 11 Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is proposing to remodel the western 50,160 square feet of the building as a food processing facility making consumable food products, oil and protein powder from hemp seeds. The site provides the opportunity to expand the operation as it goes forward. The processing portion of the operation will encompass 20,000 square feet, the warehouse portion encompasses 27,355 square feet and the office portion encompasses 2,805 square feet. The hemp seeds will be stored in six 4,000-6,000 bushel bins (16 feet diameter by 35 feet tall silos) located on the northwest corner of the building. The applicant intends to expand his operation in the future, which will lead to the use of all six silos. Initially, only one silo will be installed to begin the operation. The hemp processing operation will begin with 10-12 employees in the building and will expand in the future to 25-30 employees. “Hemp seeds come from industrial hemp. Hemp, or industrial hemp, is a variety of the Cannabis sativa plant species that is grown specifically for the industrial uses of its derived products. Hemp has lower concentrations of THC and higher concentrations of cannabidiol (CBD), which decreases or eliminates its psychoactive effects. Hemp seeds can be eaten raw, ground into hemp meal, sprouted or made into dried sprout powder. Hemp seeds can also be made into a liquid and used for baking or for beverages such as hemp milk and tisanes. Hemp oil is cold-pressed from the seed and is high in unsaturated fatty acids.” (From Wikipedia) Hemp seed oil, as the name suggests, is extracted from the seeds of the hemp plant and contains absolutely no CBD. The applicant shall be responsible for impacts generated by its use. The property owner shall be responsible for improvements necessitated by the overall use of the building and the site. APPLICABLE REGULATIONS Chapter 20, Article IV, Conditional Use Permits Chapter 20, Article XX, “IOP” Industrial Office Park District BACKGROUND River Valley Business Center, an 180,000 square foot, four-unit, office-industrial-warehouse building, is the successor of the Gedney Pickle processing plant. The applicant proposes to occupancy of the westerly 50,160 square feet of the building. The most easterly 39,000 square foot unit contains a storage operation for decommissioned, armored vehicles, which have had their fluids drained. There are two vacant spaces of 48,370 square feet and 42,602 square feet in the middle Hemp Acres July 7, 2020 Page 3 of 11 portion of the building that can be occupied by office, warehouse or manufacturing uses subject to limitations on the sewer capacity with the City of Chaska and Chanhassen City Code. October 10, 2010, City Council approved a 39,000 square-foot, one-story warehouse expansion on the east end of the building. (Planning Case #2010-11) October 18, 1982, City Council approved Industrial Revenue Bond resolution for M.A. Gedney. (Planning File #82-64) November 1979, City Council approved a sign variance to permit two signs on the industrial site. May 1979, City Council approved a 41,500 square-foot warehouse expansion, 6,000 square-foot sauerkraut manufacturing and 1,200 square-foot refrigeration storage. (Planning Case P-125 / SPR #71-1). May 1972, Chaska-Chanhassen-Metropolitan Sewer Board entered into an agreement to permit M.A. Gedney to continue to use Chaska’s sanitary sewer system. June 1968, City of Chaska and Village of Chanhassen entered into an agreement to annex to Chanhassen and de-annex from Chaska land being purchased by M.A. Gedney for the plant operations. April 1, 1963, City of Chaska and M.A. Gedney entered into a sewer connection agreement. 1958, M.A. Gedney’s pickle manufacturing operations were consolidated at the plant on Stoughton Avenue. SITE CONSTRAINTS Bluff Creek Corridor This property is not located within the Bluff Creek Overlay District. The City of Chanhassen established the Bluff Creek Overlay District by ordinance in 1998 to protect the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees through the use of careful site design and other low-impact practices. Wetland Protection There is not a wetland located on the property. Bluff Protection There are no bluffs on the property. Hemp Acres July 7, 2020 Page 4 of 11 Shoreland Management The property is not located within a shoreland protection district. Floodplain Overlay This property is not within a floodplain. DISCUSSION North of the site is vacant land in the City of Chaska and County Road 61 as well as additional vacant land within Chanhassen. To the east is an electrical substation for Minnesota Valley Electric and a cemetery. South across Stoughton Avenue is the Riverview Terrace mobile home park. To the west across Audubon Road are commercial businesses. The western portion of the property contains medal vats from the previous pickle factory on the site. A roofed, open sided dock area has been demolished on the western end of the building. In the future, if urban services are available for the entire area, the vacant land on the north side of the building will develop, creating a visual barrier for the north side of the building. The city undertook a feasibility study as part of the County State Aid Highway (CSAH) 61 Corridor Land Use Study in 2015 to determine the cost effectiveness of the extension of utilities to the property, and at that time, determine whether the Cities of Chanhassen or Chaska should provide sewer service to the property. The study findings indicated that extending city utilities to the study area is feasible. The CSAH 61 Corridor Land Use and Utility Study was finalized and approved by City Council on October 28, 2014. In anticipation of the redevelopment of this area, staff has also had discussions with the City of Chaska about extending Engler Boulevard as a connection to the north. When Gedney Pickles was in operation, they averaged 105 employees with a high of 135 employees for the business. CONDITIONAL USE PERMIT CRITERIA Food processing requires a Conditional Use Permit under the IOP zoning of the property. Conditional uses are considered appropriate uses if they can meet the criteria established in City Code. In reviewing applications for Conditional Use Permits, the Planning Commission and the Council may attach reasonable conditions to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In determining conditions, special considerations shall be given to protecting immediately adjacent properties from objectionable views, noise, traffic and Hemp Acres July 7, 2020 Page 5 of 11 other negative characteristics associated with such uses. Such conditions may include, but are not limited to the following: 1) Controlling the number, area, bulk, height and location of such uses. There are no other such operations in the city. McGlynn Bakery located on Audubon Road and Coulter Boulevard is the only other food processing operation in the city. 2) Regulating ingress and egress to the property and the proposed structures thereon with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control and access in case of fire or other catastrophe. Access is via existing curb cuts. In the future should the operation expand, access to Audubon Road via the existing curb cut should be connected. 3) Regulating off-street parking and loading areas where required. Parking and loading areas are currently in place. A parking lot expansion is shown where the roofed, open dock area was removed. The handicapped parking stalls on the south side of the building shall be revised to comply with City Code. 4) Utilities with reference to location availability and compatibility. Sewer service is provided by the City of Chaska. An on-site well provides water for the site. 5) Berming, fencing, screening, landscaping or other facilities to protect nearby property. The site is fenced around its perimeter. 6) Compatibility of appearance. The proposed use is compatible with the exiting building. Sec. 20-297. - Food processing. 1) The site must have access via a collector or arterial roadway. Access to the parcel is from Audubon Road and CSAH 61, which are both arterial roadways. The last portion of the access is via Audubon Road and Stoughton Avenue, which are both local streets. Generally, direct parcel access is prohibited on arterial roadways. 2) All loading docks must be screened with berming, landscaping or other structures. The proposed use will utilize existing truck docks and access routes. 3) Truck parking is permitted on-site only in designated truck parking areas; parking must be screened. Truck parking shall be limited to the loading docks and truck unloading areas. 4) Compliance plan must be submitted to the city including: a. An inventory of potential or identified odor emission point sources associated with the industry or source. b. An engineering quality plan detailing best available control technologies and appurtenances designed to eliminate or achieve the maximum reduction of odor pollution from an emission point source inclusive of, but not necessarily limited to, certain processes, procedures, or operating methods intended to mitigate or control odor pollution. c. A detailed explanation of the specifications and operating parameters of the best available control technologies, monitoring instrumentation and equipment, and processes and procedures intended for the mitigation or control of odor pollution. d. A specification of the documentation that will be made available for the city's review which will verify the data produced by the monitoring equipment, and which will Hemp Acres July 7, 2020 Page 6 of 11 verify that processes and procedures are conducted consistent with the specifications in the facility's odor control study and plan. e. An approved schedule which states, in a time certain manner, the implementation and installation of the best available control technology, processes, procedures, operating methods, and monitoring instrumentation designed to mitigate or control odors at the facility inclusive of an approved completion date. f. An acknowledgment of the authority of the city and its agents to enter into the facility or its property in order to investigate complaints and to verify the facility's adherence to the compliance plan. The processing of hemp seeds does not generate significant odors so no odor compliance plan is required. Hemp seeds are described as having a slightly nutty scent. A Hazard Analysis Critical Control Point (HACCP) has been submitted with the application as well as a narrative of the manufacturing process. The cake that is produced will either sit in the facility in bulk bags or moved immediately into a dump truck that will be backed up to one of the loading docks. A full dump semi will be filled every few days, where it is then delivered to a feedlot. The loudest pieces of equipment are the pneumatic conveying system for the unloading of hemp seeds from trucks and trailers and conveying to storage bins/silos on the west side of the building. It uses electric motors with an estimated sound level of 85 decibels (dba) at 10 feet. The conveying material passing through the unit will increase the sound level to 90 dba. The National Institute for Occupational Safety and Health (NIOSH) has recommended that all worker Hemp Acres July 7, 2020 Page 7 of 11 exposures to noise should be controlled below a level equivalent to 85 dBA for eight hours to minimize occupational noise induced hearing loss. OSHA sets legal limits on noise exposure in the workplace. These limits are based on a worker's time weighted average over an 8 hour day. With noise, OSHA's permissible exposure limit (PEL) is 90 dBA for all workers for an 8 hour day. Lawn mowers, power tools, blenders and hair dryers have noise levels of approximately 90 dba. Sec. 20-308. - Screened outdoor storage. The following applies to screened outdoor storage: 1) All outdoor storage must be completely screened with 100 percent opaque fence or landscaped screen. While it may be impossible to fully screen a 35-feet tall storage silo, through the use of appropriate coloring, a creamy white/beige to match the building color, and additional landscaping, the appearance of the silos may be camouflaged and minimized. COMPATIBLITY The proposed use is a less intensive use of the site after the closure of the Gedney pickle factory in 2019 that formerly occupied the building. The balance of the building contains space for other office-industrial-warehouse uses, which are all compatible with the food processing operations. In the future, when the site is redeveloped, the existing pickle tanks shall be removed from the property. EROSION PREVENTION AND SEDIMENT CONTROL The proposed development will not exceed one (1) acre of disturbance and will, therefore, not be subject to the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction Permit). An Erosion and Sediment Control Plan (ESCP) in adherence with the City Code of Ordinances shall be submitted for the grading operations of the subdivision if more than 5,000 square feet of land is being disturbed. The applicant has not provided proposed grading plans or plans Hemp Acres July 7, 2020 Page 8 of 11 illustrating the total land disturbance for the installation of the six proposed silos. The applicant will be required to submit updated plans to the city for review and approval to ensure proper erosion control measures meeting City Ordinances are in place. LANDSCAPING Landscaping opportunities to provide landscaping around the exterior of the building as well as along the public right-of-way are limited or non-existent due to extensive hard cover. The applicant has proposed to add two landscape peninsulas at the front of the building. These are necessary additions but contain too many plantings for the space. Along the rear and east side of the building, four groupings of 2-3 tree lines provide minimal buffer and aesthetics. Staff recommends that the proposed trees on the north and east sides of the building be placed adjacent to the proposed site to provide foundation plantings and buffer to shield the silos. Additionally, one of the Autumn Blaze maples and the Amur maples from the front planting areas shall be added to the rear of the building and loading area. Staff recommends that a landscape buffer be planted along the north side of the building which includes Autumn Blaze maple, Siouxland poplar, Black Hills spruce and Amur maples. Landscaped islands compliant with City Code shall be provided in the proposed westerly parking area. The applicant shall work with city staff to finalize a planting plan. The front planting areas shall have wood mulch as a ground cover. PARKING AND LOADING The proposed use of the site requires the provision of parking facilities to accommodate the use. This specific user at full utilization requires 63 parking spaces (Office 14 = 2,805/200 + manufacturing 30 = 1/employee, warehouse 19 = 1/1,000 for first 10,000 sq. ft. and 1/ 2,000 thereafter). There are currently 89 parking spaces south of the building with a potential parking lot expansion to the west of the building. Should this area be converted to a parking area, the parking lot shall comply with city standards. PUBLIC FACILITIES While this review includes only the food processing portion of the building, any future intensification of the site usage shall require that the owner provide analysis of the public facilities available to the property. STREETS Access to the property is provided from Audubon Road and Stoughton Avenue, which connect to the arterial roads of Flying Cloud Drive (CSAH 61) and Audubon Road (CSAH 15). Audubon Road and Stoughton Avenue directly abutting the property are the City of Chaska’s right-of-way (ROW) and CSAH 61 and CSAH 15 are Carver County’s ROW. The city does not have ROW directly abutting the property; however, the approximately 1,325 foot portion of Stoughton Avenue (a collector street) which provides access from CSAH 61 to the property is a part of Chanhassen’s roadway network, illustrated in the image below. As the city has ROW that is part Hemp Acres July 7, 2020 Page 9 of 11 of the roadway network to service the property, and in accordance with Sec. 20-232(7), which states that the proposed location will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare due to excessive production of traffic, a traffic analysis shall be performed if an intensification or increase in use or an expansion is ever requested for the site. The traffic analysis will be required to determine the volume of traffic the site will generate and shall be in accordance with the Institute of Transportation Engineers’ Trip Generation methodologies. If the site users cumulatively meet the standards for Carver County review of traffic, a Transportation Impact Analysis must be prepared. Any future intensification of the site usage shall investigate the use of the driveway access to Audubon Road, which is currently in place, but not connected to the traffic circulation system for the property. SEWER City sewer is provided by the City of Chaska. While staff believes that the proposed use is within the existing capacity provided by Chaska, the Metropolitan Council Environmental Services (MCES) sewer access charge (SAC) determination dated 04/01/20 states one additional SAC charge is due. The applicant shall contact the City of Chaska to verify the sewer usage. The sanitary sewer is setup as office/domestic use only. All former Gedney production waste was discharged into the lagoons down at the Minnesota River. Chaska has not received any information about any production waste entering the sanitary sewer. Any sanitary sewer changes proposed must be discussed with MCES and the City of Chaska. The property owner shall provide information to the City of Chaska as to how/where does the existing sewer system Hemp Acres July 7, 2020 Page 10 of 11 operate? What flows where? What’s the makeup for flow out of the building with pumping? What is the new demand? The City of Chaska has capacity concerns downstream. Additional sewer capacity may not be available to the property from the City of Chaska and may necessitate the use of an on-site subsurface sewer system. As noted previously, the City of Chanhassen has prepared a feasibility analysis of providing sewer to the parcel. However, the timing of such a utility extension is not determined. WATER The site has a private well providing water to the site. ELECTRIC The City of Chaska provides electric service to the parcel. RECOMMENDATION Staff recommends that the Planning Commission approve the Conditional Use Permit to allow Hemp Acres to process food products from hemp seeds and allow the construction of six 35-foot tall silos based on the plans prepared by Phillip D. Johnson, Architect, dated April 4, 2020, subject to the following conditions: Building: 1) A building permit will be required for unit improvements, silo installation, and unit remodeling. Engineering: 1) If an intensification or increase in use or an expansion is requested for the site, a traffic analysis will be required to determine the volume of traffic the new site will generate. 2) Any future intensification of the site usage shall investigate the use of the driveway access to Audubon Road. Natural Resources: 1) The applicant shall work with city staff to finalize a planting plan. 2) The applicant shall incorporate a landscape buffer along the north side of the building, which includes Autumn Blaze maple, Siouxland poplar, Black Hills spruce and Amur maples. 3) The front planting areas shall have wood mulch as a ground cover. 4) All proposed parking lot landscape islands and peninsulas shall comply with City Code. Hemp Acres July 7, 2020 Page 11 of 11 Planning: 1) When the site is redeveloped or the usage intensifies, the existing pickle tanks shall be removed from the property unless they are used as part of the building tenant operation. Water Resources: 1) Updated plans illustrating the total land disturbance activities associated with all site improvements shall be submitted for review and approval by the city. And adoption of the Findings of Fact and Recommendation. ATTACHMENTS 1. Findings of Fact and Recommendation 2. Legal Description 3. Development Review Application 4. Narrative 5. Hazard Analysis Critical Control Point (HACCP) 6. Property Survey 7. Building Elevations 8. Tenant Plan 9. Tenant Detail Plans 10. Sewer Access Charge Determination dated 4/1/20 11. Parking Analysis 12. Carver County Review dated June 26, 2020 13. Public Hearing Notice and Mailing List g:\plan\2020 planning cases\20-09 hemp acres cup (old gedney building - 2100 stoughton)\staff report hemp acres cup.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Hemp Acres, LLC and Capstone Investors, LLC for a Conditional Use Permit to operate a food processing facility with outside storage of six 35-foot silos. On July 7, 2020,the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Hemp Acres, LLC and Capstone Investors, LLC for a Conditional Use Permit for the property located at 2100 Stoughton Avenue. The Planning Commission conducted a public hearing on the proposed conditional use preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Industrial Office Park, IOP. 2. The property is guided by the Land Use Plan for office industrial uses. 3. The legal description of the property is: See Exhibit A 4. Section 20-232: a. The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. The proposed use will be consistent with the objectives of the city's Comprehensive Plan and the zoning ordinance. c. The proposed use will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. The proposed use will not be hazardous or disturbing to existing or planned neighboring uses. e. The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. 1 f. The proposed use will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. The proposed use will not involve uses, activities,processes, materials,equipment and conditions of operation that will be detrimental to any persons,property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. The proposed use will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. The proposed use will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. The proposed use will be aesthetically compatible with the area. k. The proposed use will not depreciate surrounding property values. 1. The proposed use will meet standards prescribed for certain uses as provided in Chapter 20,Article IV of the City Code. 5. The planning report#2020-09 dated July 7,2020,prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Conditional Use Permit subject to the conditions of the staff report. ADOPTED by the Chanhassen Planning Commission this 7th day of July, 2020. CHANHASSE PLANNING OMMISSION BY: eve Weick, Cha .n 2 MinneHemp is a hemp processor, making consumable food products from the hemp seed. The hemp seed is a small grain (about half the size of soybeans), comprised of a outer shell and an inner heart. The shell is high in fiber and the inner heart is high in protein and essential fatty acids. MinneHemp will erect 4000-6000 bushel, smooth-wall hopper bins to hold the grain as it awaits cleaning and processing. Farmers will have previously dried the hemp grain to 8%-9% moisture on their farm before delivering by the semi-load. Once delivered, MinneHemp will have a conveying system to unload the semi-truck into the grain bin, to be further cleaned and processed. Once in the bin, the grain is a stable, non-explosive product that will feed into the building for cleaning. The product will enter the building via flex-augers or drag-conveyors, feeding an air-screener, gravity table, and indent machine. The cleaned grain will fall back into a drag-conveyor and outside to a separate hopper bin for holding the cleaned grain. The clean grain hopper will feed back inside the building via drag-conveyor, dispensing grain at each station for further processing. Once the grain re-enters the building, it is deposited at different processing platforms. The first process will be a platform that squeezes the oil from the seed. This is process uses a enclosed screw-press that stays below 150F, ensuring that it is cold=pressed. The oil goes through filtering, refining, and bottling. The cake or hemp meal, is the by-product from the press. The cake is either augured outside to load a semi-truck, or goes on to further processing for protein powder and baking flour. The protein milling station will consist of grinding and sifting. This platform will have an enclosed dust system, exhausting to an outside dust collector. The dehulling platform will also have an enclosed dust system, exhausting to an outside dust collector. All platforms will be producing bulk quantities of finished product to be stored in bulk tote bags, drums, ibc totes, or semi dump trucks. Products: Cold Pressed Hemp Seeds Page 1 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Selected Sections of a HACCP Plan For Cold Pressed Hemp Seeds Reviewed by: ________________________ Plant Manger Date: _______________________ Products: Cold Pressed Hemp Seeds Page 2 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Table of Contents Company Overview ................................................................................................................................. 3 Product Description ................................................................................................................................. 4 Product Description ................................................................................................................................. 5 Flow Diagram .......................................................................................................................................... 6 Process Narrative .................................................................................................................................... 7 Ingredients and Packaging Material ..................................................................................................... 7 Receive Hemp Grain ............................................................................................................................ 7 Receive Packaging ............................................................................................................................... 7 Store Hemp Grain ................................................................................................................................ 7 Store Packaging ................................................................................................................................... 7 Clean Hemp Grain................................................................................................................................ 7 Auger Clean Grain from Outdoor Hopper to Indoor Hopper ................................................................. 7 KK40 Screw Pressing ............................................................................................................................ 8 Hemp Seed Oil ..................................................................................................................................... 8 Filtering/Pump .................................................................................................................................... 8 Filling (5-gallon pails, 55-gallon drum).................................................................................................. 8 Store, Ship ........................................................................................................................................... 8 Hemp Seed Cake.................................................................................................................................. 8 Milling ................................................................................................................................................. 9 Sifting .................................................................................................................................................. 9 Metal Detection .................................................................................................................................. 9 55-Gallon Drum ....................................................................................................................................... 9 Filling (20lb sacs) ................................................................................................................................. 9 Store, Ship ........................................................................................................................................... 9 Hazard Analysis ..................................................................................................................................... 10 Process Preventative Control ................................................................................................................. 15 Allergen Preventive Controls ................................................................................................................. 15 Ingredient Allergen Identification ...................................................................................................... 15 Production Line Allergen Assessment ................................................................................................ 16 Products: Cold Pressed Hemp Seeds Page 3 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Scheduling Implications: .................................................................................................................... 16 Allergen Cleaning Implications: (Required)......................................................................................... 16 Sanitation Preventive Controls .............................................................................................................. 16 Zoning and Related GMP Controls ..................................................................................................... 16 Cleaning and Sanitation ..................................................................................................................... 16 Microbiological Verification of Sanitation Practices ............................................................................ 17 Supply-chain-applied Preventive Controls Program ............................................................................... 17 Company Overview Hemp Acres is a small processing facility that makes a variety of consumable products from locally grown industrial hemp seeds and flower. The manufacturing process begins by cleaning the grain of any foreign seeds and debris to a level of 99.9% pure hemp seed. Once clean, the grain is then fed i nto a screw press, where the oil is extruded from the hemp seed. The grain being fed through the press exceeds 140℉, ensuring a kill step. After passing through the press, the oil separates from the seed, collected and passes through a filtration process. The hemp meal (cake) is milled and sifted to collect the protein powder. • Seed Cleaning (described in this plan) • Hemp Seed Oil (described in this plan) • Hemp Protein Powder (described in this plan) The hemp seed oil and protein powder are made 5 days a week in one 5-hour production shift, followed by 3 hours of sanitation. Dry cleaning is used in production area, with select pieces of equipment being cleaned in a three-compartment sink, or sanitized and washed down in place. Water is treated and tested per EPA requirements by the county. An integrated pest control program is also in place. Products: Cold Pressed Hemp Seeds Page 4 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Product Description Product Name Hemp Seed Oil Product Description, Including Important Food Safety Characteristics This product is a ready to eat oil, bottled in 12floz glass amber bottles, 1-gallon jugs, 5-gallon pals, or 55-gallon drums. During the filtering process diatomaceous earth and bleaching clays are added to filter and refined for a more stable product shelf life. Ingredients Hemp Seed Packaging Used Glass, 12floz individual retail package with label Plastic, food grade 1-gallon, 5-gallon pail, 55- gallon food grade drum. Intended Use Ready to eat oil, bulk blending oil, cosmetic oil Intended Consumers General consumption, topical applications Shelf Life 18 months Labeling Instructions None Storage and Distribution Ambient, not to exceed 90℉, Keep refrigerated upon opening Approved: Signature: Print Name: Date: Products: Cold Pressed Hemp Seeds Page 5 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Product Description Product Name Hemp Protein Powder Product Description, Including Important Food Safety Characteristics This product is ready to eat protein powder packed in 20lb sealed bags. The process involves milling the cake to a fine powder which then passes through a sifter, separating the protein from the fiber. The low water activity makes the product shelf stable. Water activity ≥0.65 Ingredients Hemp Seed Cake Packaging Used 20lb food safe bags Intended Use Ready-to-eat protein powder, protein bars, mix with smoothies etc. Intended Consumers General Consumption Shelf Life 10 Months Labeling Instructions None Storage and Distribution Ambient, not to exceed 90℉, keep in a cool dry place. Approved: Signature: Print name: Date: Products: Cold Pressed Hemp Seeds Page 6 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Flow Diagram Receive hemp grain Store grain in 4000 bu. Hopper bin Clean grain to 99.9% pure with air screener and gravity table, filling smaller hopper Hemp Seed Cake Cake falls in trough and augured into cake hopper Hemp Seed Oil Oil falls into trough and into 1st Mixing Tank Pump/Filter Auger clean grain from outside hopper to inside hopper KK40 grain screw press +140℉ 2nd Mixing Tank Clean oil tank Cake is augured up to mill Milling Sifting Metal detection 55-galllon food bucket Filling, 25lb-50lb sacs Store, ship Filling, 55-gallon drums Filling, 5-gallon pails Store, ship Gray area indicates primary pathogen control area Receive Packaging Store Packaging 1-micron filter CCP1 PCC 1 CCP2 PCC 2 Products: Cold Pressed Hemp Seeds Page 7 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Process Narrative Ingredients and Packaging Material Processing material is purchased from local farmers and delivered on site by farmer. Supplier that provide hemp grain have had their grain load sampled for microbial content by Minnesota Valley Testing Labs. Each delivery is administered a lot number to ensure traceability to the source of grain. Packaging material are purchased from an approved supplier that complies with internationally recognized food safety and quality systems. Receive Hemp Grain Hemp Grain – Received by the semi-load. Unloading of the hemp grain is transferred from the semi-truck via Hemp Acres grain vacuum, and blown into 4000bu. Hopper bin. A lot number is assigned with each delivery and a copy is given to both Hemp Acres and the deliverer. Receive Packaging Bags and bottles are delivered in bulk to the facility. Suppliers provide a certificate of conformance that packaging materials and inks meet food safety and regulatory requirements. Store Hemp Grain Ingredients are comprised only of raw hemp seed. Once processed the ingredients are stored in the facility (temperature kept below 70℉). All containers are sealed to avoid cross-contact and cross- contamination during storage. Store Packaging Buckets, bottles, and sacs are stored in a dry dedicated space within the facility. Packaging is used First- In-First-Out. Clean Hemp Grain Grain is augured form 4000 bu. Hopper bin to air screener. The grain falls onto two screens with specific slotted holes to size the grain and remove foreign seeds. Air is applied to both the top screen and bottom screen to blow off debris. The grain falls out the clean shoot and into a 13’ elevator leg. The elevator lifts the grain, unloading into the gravity table. The gravity table uses more air and screening to remove any seeds that aren’t hemp and remove immature/undesirable seeds. The clean shoot from the gravity table is now 99.9% pure hemp seed (an acceptable level to process) and is dispensed into a 22’ elevator leg. This leg unloads the cleaned grain into a 3.5-ton bulk hopper tank, which holds clean grain ready to be processed. Auger Clean Grain from Outdoor Hopper to Indoor Hopper Grain is augured from outside hopper to indoor hopper. The indoor hopper gravity feeds the presses, removing the oil from the seed. Products: Cold Pressed Hemp Seeds Page 8 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES KK40 Screw Pressing Heat sleeves are applied to the screw press to raise the temperature of the barrels to 200℉. This warms the barrels allowing for the seed to begin crushing. The press is adjusted accordingly to allow for the maximum amount of oil to be squeezed from the seed. The press heads stay a constant temperature above 140℉ and under intense pressure, ensuring a kill step at this point. Once the press is set, it runs untouched until 300L oil tank is full. Hemp Seed Oil There are two troughs that separate the oil from the cake. The oil collects and flows from the trough into a 300L stainless steel tank. A substantial amount of sediment from the press falls into the tank as well, which is a crucial part of the filtering process. Filtering/Pump Once the desired amount of oil is collected in the dirty oil tank, the press is shut down so filtering can commence. A ratio mixture of Diatomaceous Earth (DE) is added to the oil and a stirrer is turned on to agitate the sediment and DE together. Once a desired mixture is achieved, the oil is pumped through a screening plate filter under pressure. This process circulates the oil through the filter, back into the dirty oil tank. After about 1 hour of running, the DE and sediment have filtered the oil ≤ 1 micron, and the oil is pumped into the 2nd mixing tank. Now the sediment is removed from the filter frames and cleaned. The oil will go through one more step to remove the chlorophyll and any heavy metals which will ensure stability of the oil. With the stirrer activated, Bleaching Clays (BE) and DE are added back into the dirty oil tank. Once the desired mixture is set, the pump is turned on, moving the oil back through the filter for about 1 hour (or until desired levels of purity are met). Once the oil meets our set standards, a bypass valve is opened, passing through a 1-micron filter, filling a 300L stainless steel tank, or 55-gallon drum, with clean oil. Filling (5-gallon pails, 55-gallon drum) The identity of the 5-gallon pail or 55-gallon drum is confirmed for each batch placed on the line to ensure that it is the correct material and proper SKU #. 5-gallon buckets are filled directly by hand from the 300L clean oil tank. 55-gallon drums are filled directly from a filling hose off the 1-micron filter. Once filled they are moved down the line to be capped, sealed, and labeled for completion. Store, Ship Jugs, pails, and drums are stored in a designated area in the facility or shipped out immediately upon customers’ requests. Hemp Seed Cake The cake is extruded hot off the press and falls into a designated “cake trough”. In this trough is a slow- moving stainless-steel auger which conveys the cake into a designated “cake hopper”, cooling it along the way. Once to the end of the trough, the cake falls into the hopper and awaits milling. Products: Cold Pressed Hemp Seeds Page 9 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Milling Connected to the cake hopper is a stainless-steel flighting auger. Once this flighting auger is initiated, the caked travels up to 13’, unloading into a grinder. This grinder spins at high rpm’s, pulverizing the cake into a fine powder and passes through a screen. Sifting In one fluid motion, the pulverized cake falls from the grinder, through food grade tubing, and onto a sifting screener. The sifter is aggressively vibrating, allowing for finer particles (protein) to fall through, while leaving the larger particles (fiber) on top of the screen. The two particles exit the screen through spouts and fall through more food grade tubing. Critical control point to ensure no metal can pass through a .35mm screen. Metal Detection As the protein exits the sifter, it falls through a food grade tube which passes through a calibrated metal detector. This ensures no metal is ending up in the sifted protein. 55-Gallon Drum As the protein falls through the metal detector, we fill 55-gallon drums at a time to ensure no metal shavings are in the final protein sacs. Filling (20lb sacs) When the 55-gallon drum is close to being full, it is transferred out with a new drum. We then scoop from the 55-gallon bucket into 20lb food grade bags for wholesale. Sacs are sealed, dated, labeled, and ready for shipment. Store, Ship Sacs are stored in a designated area within the facility or shipped out immediately upon customers’ requests. Products: Cold Pressed Hemp Seeds Page 10 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Hazard Analysis Hazard identification (column 2) considers those that may be present in the food because the hazard occurs naturally, the hazard may be unintentionally introduced, or the hazard may be intentionally introduced for economic gain. B= Biological hazards including bacteria, viruses, parasites, and environmental pathogens. C= Chemical hazards, including radiological hazards, food allergens, substances such as pesticides and drug residues, natural toxins, decomposition, and unapproved food or color additives. P= Physical hazards include potentially harmful extraneous matter that may cause choking, injury or other adverse health effects. (1) Ingredient or Processing Step (2) Identify potential food safety hazards introduced, controlled or enhanced at this step (3) Are any potential food safety hazards requiring a preventive control? (4) Justify your decision for column 3 (5) What preventive control measures can be applied to significantly minimize or prevent the food safety hazards? Process including CCP’s Allergen, Sanitation, Supply-chain, other preventive control (6) Is the preventive control applied in this step? Yes No Yes No Receive Packaging: 12floz glass bottles,5-gal pails, 55-gal drum, 20lb sacs B None C None P None Store Packaging B None C None P None Receive Hemp Grain B None X Grain is automated vacuum system. All shipments of grain undergo 3rd party analysis prior to delivery to ensure grain X Products: Cold Pressed Hemp Seeds Page 11 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES meets certain standards. C Gluten X Grain undergoes Gluten testing before delivery 3rd party analysis. X P Foreign debris, metal, wood X Grain passes through multiple cleaning machines and magnets to ensure no foreign debris enters the facility Air Screener, Gravity Table, Magnets before entering press. X Store Hemp Grain B None X Grain is between 8%- 9% moisture The grain will ultimately enter the press which exceed 140℉, acting as a kill step X C None P None Clean Hemp Grain B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation Control – Zoning, maintain dry environment, Cleaning equipment before operating and after shut down. X C None P Metal, wood, foreign debris X Contamination possible if delivery of grain has foreign debris. Applying air, screens of multiple sizes and magnetics ensure nothing but hemp enters the indoor hopper X Continued Products: Cold Pressed Hemp Seeds Page 12 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Auger Clean Grain from Outdoor Hopper to Indoor Hopper B None X Cracking of seeds in auger, causes free fatty acids Monthly cleaning of the auger is preformed X C None P None KK40 Screw Press B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation control – Zoning, maintaining dry environment X C None P None Hemp Seed Oil B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation control – Zoning, maintaining dry environment. Cleaning before and after each batch. X C None P None Filtering/Pump B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation control – Zoning, maintaining dry environment. Cleaning before and after each batch. X C Minerals from DE and BE X Diatomaceous Earth and Bleaching clays are Bleaching clay remove chlorophyll which provides stability X Products: Cold Pressed Hemp Seeds Page 13 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES natural occurring food safe minerals used as filter aid. P None Filling (5-gallon, 55- gallon drums) B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation control – Zoning, maintaining dry environment. Cleaning before and after each batch. X C None P None Store, Ship B None C None P None Hemp Seed Cake B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation control – Zoning, maintaining dry environment. Cleaning before and after each batch. X C None P None Continued Products: Cold Pressed Hemp Seeds Page 14 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Milling Yes No Yes No B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation control – Zoning, maintaining dry environment. Cleaning before and after each batch. X C None P Metal X Poorly maintained or ware on mill could generate metal fragments passing through the screen. Subsequent Metal Detection X Sifting B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation control – Zoning, maintaining dry environment. Cleaning before and after each batch. X C None P None Metal Detection B None C None P Metal Inclusion X Metal may be present from previous operation Process control – metal detector X 55-gallon Drum B None X Contamination possible if environment and employee practices not Sanitation control – Zoning, maintaining dry environment. Cleaning before X Products: Cold Pressed Hemp Seeds Page 15 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES managed at appropriate hygiene level. and after each batch. C None P None Filling 20-lb Sacs B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation control – Zoning, maintaining dry environment. Cleaning before and after each batch. X C None P None Store, Ship B None C None P None Process Preventative Control Allergen Preventive Controls Ingredient Allergen Identification Raw Material Name Supplier Allergens in Ingredient Formulation Allergens in Precautionary Labeling Egg Milk Soy Wheat Tree Nut Peanut Shellfish Process Control Hazards Critical Limits Monitoring Corrective Action Verification Record What How Frequency Who Metal Detectio n Metal Inclusio n Alarm/L ight Fall through Constant Plant Mana ger Rerun Signature per batch Per Batch Filtering Sedimen t Inclusio n % of DE & BE Mix Incorporat e measured amounts into dirty oil tank Per Batch Plant Mana ger Sample testing Signature per batch Per Batch Products: Cold Pressed Hemp Seeds Page 16 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Hemp Grain Local Organic Famers None Production Line Allergen Assessment Product Name Production Line Intentional Allergens Egg Milk Soy Wheat Tree Nut Peanut Fish Shellfish Hemp Grain 1 Scheduling Implications: Hemp grain is hypoallergenic; therefore, no risk is currently present in the processing of hemp grain. Allergen Cleaning Implications: (Required) Allergen cleaning is unnecessary due to the fact we only deal with the hemp grain which is hypoallergenic. Sanitation Preventive Controls Zoning and Related GMP Controls The processing areas are maintained at a higher hygiene level than receiving, storage, and shipping area, as specified in SOP 15-123 – High Hygiene Sanitation Procedures. As specified in SOP 15-456 – Employee Hygiene in High Hygiene Areas, employees must put on smocks that do not have pockets, change into factory shows, put on protective equipment (hair net, beard net), and wash their hands before entering processing and production area. Filling area is maintained at the same hygiene level as the processing area (See SOP 15-789 – Filling Procedures). Equipment and utensils that are cleaned out-of-place are cleaned and sanitized in a wash area adjacent to the processing area. Clean equipment is dried and stored on tables and racks in an area adjacent to the processing area. Cleaning a sanitation equipment has a dedicated location to store sanitation and cleaning equipment. Cleaning and Sanitation The facility, including loading areas are dry cleaned. Processing area, and storage area are maintained dry during production. Lines and equipment are wet cleaned and sanitized before each new batch of processing begins. Equipment is completely dried prior to production. See these Standard Operating Procedures for details. • SOP 16-454 – Dry Cleaning Products: Cold Pressed Hemp Seeds Page 17 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES • SOP 16-455 – Controlled Wet Cleaning Microbiological Verification of Sanitation Practices A Salmonella environmental monitoring program is in place to verify that controls are sufficient to prevent the presence and harborage of Salmonella in the environment and equipment. This program includes an evaluation of Enterobacteriaceae levels as an additional verification that conditions do not exist that could lead to the presence and harborage of Salmonella. Enterobacteriaceae environmental monitoring occurs weekly and Salmonella monitoring occurs monthly. Additional environmental monitoring is conducted in the event of special circumstances, including equipment maintenance in processing area. Leaks that could occurring in the oil processing that could introduce free fatty acids to oils and proteins. See: • SOP 15-282: Environmental Monitoring Verification Procedures • SOP 15-283: Environmental Monitoring for Special Circumstances Supply-chain-applied Preventive Controls Program We work directly with farmers to provide us with hemp grain that meets certain specifications. Prior to delivery, farmers are required to third party analysis their grain for microbiological content of the grain. Raw Material or Ingredient Hemp Grain Approved Supplier Approval Date Hazards APC, Mold, Yeast, E. Coli, Salmonella, Mycotoxins, Gluten, Peroxide, Free Fatty Acids Preventive Controls Applied by the Supplier Proper harvest and storage of grain Type of Supplier Verification 3rd party analysis of homogenized sample taken from grain bin Verification Procedure A copy of a 3rd party analysis. Copy of field location of where grain was grown, how it was harvested, and stored. Records • Incoming goods log • 3rd party COA of grain • Bill of Lading verifying each shipment of grain • Lot numbers assigned to each incoming delivery of grain. • Corrective action records. • 2-year record keeping Products: Cold Pressed Hemp Seeds Page 18 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES DS DSDS SOUTH ELEVATION WEST ELEVATION EAST ELEVATION STOUGHTON AVENUE AUDUBON ROAD NORTH ELEVATION CHASKA BOULEVARD RIVER VALLEY BUSINESS CENTER2100 STOUGHTON AVENUECHANHASSEN, MNMARCH 6, 2020 A5 BUILDINGSTOUGHTON AVENUE VENTURES102 JOHNATHAN BOULEVARDCHASKA, MNELEVATIONS9116 34th avenue northminneapolis, mn 55427 763-545-1072architectPHILLIP D. JOHNSONPHILLIP D. JOHNSONJUNE 5, 2020JUNE 5, 2020 ELEVATIONStenant proposal for:HEMP ACRESBUILDING ELEVATIONS 1/16” = 1’-0” BELOW SLAB SANITARY WASTE BELOW SLAB TO FUTURE FLAMMABLE WASTE TRAP SANITARY WASTE CONNECTED TO EXISTING SANITARY BELOW PARKING AREA BELOW SLAB FUTURE FLAMMABLE WASTE TRAP NORTHTRUE NORTHTWO STORY OFFICE WD FR. 24’ ROOF BOILER RM 3 2 1 office t t break rm m open dock w/ roof canopy ramp5 PP PP 4 1 1.4 2 2.5 3 4 5 6 9 10 11 12 40’-2”40’-2”40’-0”16’-0”15’-1”14’-11 14’-6”10’-3” RECEIVINGWAREHOUSE 17’-4” conc plank clg 2’-0”12’-2” SHIPPING WAREHOUSE STORAGE 1’-0”1’-0”1’-0” 13’-0” 25’-0”25’-0”25’-0”25’-0”25’-0”25’-0”8-4x10-9roll-up8-4x10-9roll-up18’-3”15’-0”22’-0”7-11 x 8-69’-1”15’-11” 25’-0” 1’-10” 25’-0” 16’-11” 30’-0”29’-0” 25’-0”20’-0”25’-0”8” 25’-0”19’-11” 7 8 13 14 8”20’-1”18’-4”18’-7”18’-4”8-0x8-0 O.H.DR. 201’-10” 329’-4”8-0x8-2M.O.8-0x8-0O.H.DR.25’-0” 100’-6” 25’-0”25’-0”25’-0” ”30’-0”30’-0”30’-0”30’-0”8’-1” 26’-6”152’-0”8-0x8-0 O.H.DR.DNUP14’-5”12’-1”5R 13R 8-0x8-0 O.H.DR. 20’-4”19’-3”20’-0” 101’-8” RIVER VALLEY BUSINESS CENTER CHANHASSEN, MN 20'0'20'60'40'80'100' 8-0x8-0 K.O. PANEL SLOPED ROOF 12’ - 17’11’-0”28’-8” 9’-10”EXPANSION POINT4” METAL FRAMED WALLS TO ROOF DECK W/ 5/8” GYP BD EACH SIDE SEED CLEANING 30’-2”TENANT PLAN 270’-0”59’-8”29’-6”28’-10”123’-9”22’-0”OIL CRUSHING PROCESS PROTEIN MILLING SERVICE SINK TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH DRAIN TO SANITARY WASTE BELOW SLAB TO FUTURE FLAMMABLE WASTE TRAP 8”FLR SLAB SLOPE 1/8” / 1’-0”FLR SLAB SLOPE 1/8” / 1’-0”TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH DRAIN 10’-0”10’-0”42’-0”57’-0”57’-0”42’-0” TRENCH DRAIN TO SANITARY WASTE BELOW SLAB TO FUTURE FLAMMABLE WASTE TRAP TRENCH BOT.SLOPE 1/8” / 1’-0”FLR SLAB SLOPE 1/8” / 1’-0”FLR SLAB SLOPE 1/8” / 1’-0”TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH DRAIN8”P1 P1 P2 P1 P13-0 x 7-0MET DRMET FR6-0 x 7-0 PRMET DRMET FR3-0 x 7-0MET DRMET FR55’ X 18’ X 6” REINFORCED CONC SLAB 5’ X 10’ X 4” REINFORCED CONC SLAB 4’-0”9’-0”5’-0”8’-0”8’-0”18’-0”18’-0”6’-0”OUTDOOR BULK STORAGE TANKS BY TENANT, 6- 16’ DIA X 35’ ABOVE GRADE ON CONC SLAB.3-0 x 7-0INSUL. MET DRMET FR40’-0”40’-0”10’-0”10’-0”10’-0”10’-0”1:7 SLOPE RAMP TO GRADE152’-0”8-0x16-0O.H.DR.6 A3 2 A4 RIVER VALLEY BUSINESS CENTER2100 STOUGHTON AVENUECHANHASSEN, MNMARCH 6, 2020 TENANT PLANtenant proposal for:HEMP ACRESSTOUGHTON AVENUE VENTURES102 JOHNATHAN BOULEVARDCHASKA, MN9116 34th avenue northminneapolis, mn 55427 763-545-1072architectPHILLIP D. JOHNSONPHILLIP D. JOHNSONAPRIL 4, 2020TENANT PLAN MAY 8, 2020 2 A3 2 A3PROJECT OPEN DOCK WITH ROOF CANOPY PROPOSED FOR DEMOLITION OPEN DOCK WITH ROOF CANOPY PROPOSED FOR DEMOLITION 4’-0”9’-0”5’-0”8’-0”8’-0”18’-0”18’-0” EQUIPMENT PLATFORM ABOVE EQUIPMENT PLATFORM ABOVE EQUIPMENT PLATFORM ABOVEEQUIPMENT PLATFORM ABOVEPROCESSING 20,000 SQ FT WAREHOUSE 27,355 SQ FT OFFICE 2,805 SQ FT 50,160 SQ FT MILLING PROCESS HEMP MILKING PROCESS DEHULING PROCESS 15’-0”9’-4”9’-7”32’-3”4’-11” MECH 21’-1”11’-6”8’-10”55’-0” 5’-3” 60’-1” OFFOFF 96” SS. HAND WASH SINK REBUILD 2 WC COMPARTMENTS INTO 1 H.C. ACCESSIBLE COMPARTMENTDF DS ELECTRICAL TRANSFORMERS CONC STOOP DS 100’-0” 96’-0” 1:20 SLOPE 1:20 SLOPE 4’-4”4’-4”5’-0” 7 R @ 7” 6T @ 12” DS 98’-3”8’-8”HANDRAIL 3’-2”1’-4”7’-0” 5”7”6”6”6” 5’-0”8’-6”8’-0”8’-0” 44’-6” 29’-6” 18" VERT GRAB BAR 42" GRAB BAR 1'-0" 3'-4" 6’-5” VERIFY 36" TO TOPOF BAR18"4"SIDE WALL T.P. DISP. OPEN TOILET PARTITION TO MATCH EXISTING. 5" WOMENS ROOM H.C. COMPARTMENT ELEV 1/4" = 1'-0" 4’-6” EXISTING WALL FINISH TO REMAIN. TOUCH UP AS NECESSARY FIXTURE WALL 36" GRAB BAR 6" 1’-6” VERIFY EXISTING TOILET PARTITION TO REMAIN. REMOVE TOILET PARTITION. 5’-0” VERIFY SIDE WALL TOILET PARTITIONS AND DOOR TO MATCH EXISTING. EXISTING PARTITION AND SUPPORTS 1’-10” 7 A3 4’-6” FIXTURE WALL 1’-6” VERIFY EXISTING TOILET PARTITION TO REMAIN. REMOVE TOILET PARTITION. NEW TOILET PARTITION PANELS AND DOOR TO MATCH EXISTING. 7 A3 18" VERT GRAB BAR 42" GRAB BAR 1'-0" 3'-4" MENS ROOM H.C. COMPARTMENT ELEV 1/4" = 1'-0" 4’-6” EXISTING WALL FINISH TO REMAIN. TOUCH UP AS NECESSARY FIXTURE WALL 5’-3” VERIFY 36" GRAB BAR 6"36" TO TOPOF BAR18"4"SIDE WALL 1’-6” VERIFY EXISTING TOILET PARTITION TO REMAIN. REMOVE TOILET PARTITION. T.P. DISP. OPEN 5"5’-0” VERIFYSIDE WALL TOILET PARTITIONS AND DOOR TO MATCH EXISTING. EXISTING PARTITION AND SUPPORTS 1’-10” 8 A3 15’-0”9’-7”9’-7”32’-3”4’-11” MECH 21’-1”11’-6”8’-10”55’-0” 5’-3” 60’-1” OFFOFF REBUILD 2 WC COMPARTMENTS INTO 1 H.C. ACCESSIBLE COMPARTMENTDF ELECTRICAL TRANSFORMERS STEEL FRAMED STOOP W/ STEEL DECK DS DSDS 8-0x10-0O.H.DR.100’-0”96’-3” 1:20 SLOPE 1:20 SLOPE 44’-6” 29’-6”4’-4”4’-4”5’-0” 6 R @ 7 1/2” 5T @ 12” 98’-3”8’-8”HANDRAIL 3’-2”1’-4”8’-0”5’-0”8’-6”8’-0” INSTALL ACESSIBLE DRINKING FOUNTAIN 15’-0”22’-0”8-4x10-9roll-up8-0x8-0 O.H.DR. 9’-7”9’-7”32’-3”4’-11” MECH 21’-1”11’-6”8’-10”55’-0” 5’-3” 60’-1” BREAK ROOMOFF DF DS DS 8-0x8-0 O.H.DR. 8-0x8-0 O.H.DR. M. W.8-4x10-9roll-upEXISTING SE CORNER 1/16” = 1’-0” 12 13 1491011 4B 4A SE CORNER, OFFICE AND RESTROOM AREA 1/8” = 1’-0” 8” 25’-0”25’-0”25’-0”19’-11”25’-0”BUILDING STRUCTURAL BAY DIMENSIONS REMOVE ENTRANCE DOOR AND TRANSOM GLASS & FRAME ABOVE. BUILD CMU WALL TO 5” BELOW FLOOR AT EXT. WALL OPENING. FILL STAIR WITH CLASS V MATERIAL, COMPACT AND FINISH W/ 4” CONC FLOOR TO MATCH ELEVATION OF EXISTING BUILDING FLOOR. RESET ALUM. FRAME DOOR AT NEW FLOOR ELEVATION. STEEL FABRICATED H.C. ACCESS 4” CONC FILLED BOLLARDS-(3) 3’ INTO GROUND 4’ ABOVE GROUND 4” CONC FILLED BOLLARDS (3) ACCESSIBLE PARKING SIGN 100’-0”3’-2”4’-4”4’-4”3’-0”5’-6”2’-0”5’-8”EXISTING TRANSOM WINDOW HEAD EXISTING VESTIULE STAIRS REMOVE DOOR AT GRADE AND TRANSOM GLASS & FRAME ABOVE. BUILD CMU WALL TO 5” BELOW FLOOR. FILL STAIR WITH CLASS V MATERIAL, COMPACT AND FINISH W/ 4” CONC FLOOR TO MARCH ELEVATION OF EXISTING. RESET ALUM. FRAME DOOR AT NEW FLOOR ELEVATION. FRAME FOR TRANSOM TO EXISTING OPENING. 7’-6”4’-4” SECTION THRU ACCESSIBLE ENTRANCE 1/4” = 1’-0” SECTION THRU ENTRANCE STOOP 1/4” = 1’-0” DS DSDS SE CORNER, OFFICE ACCESSIBLE ENTRANCE 1/8” = 1’-0” NEW CONSTRUCTION 32’-3”4’-11” MECH 11’-6”8’-10”5’-3” OFFICE REMOVE CIRCULAR HAND SINK. INSTALL 7’-6” COUNTERTOP WITH THREE LAVATORIES. REMOVE ONE WATER CLOSET. REMOVE ONE DIVIDER PARTITION AND 2 DOORS. INSTALL GRAB BARS AND COMPARTMENT WALLS AND DOOR AS SHOWN. VERIFY WATER CLOSET LOCATION.6’-10”REMOVE ONE WATER CLOSET. REMOVE ONE DIVIDER PARTITION AND 2 DOORS. INSTALL GRAB BARS AND COMPARTMENT WALLS AND DOOR AS SHOWN. VERIFY WATER CLOSET LOCATION. MENS AND WOMENS RESTROMS ACCESSIBLE TOILET COMPARTMENTS 1/4” = 1’-0” C OF STOOP & DOORL 9’-6” REMOVE EXISTING CIRC SINK. INSTALL C’TOP W/ LAVS. WOMENS MENS EXISTING CMU WALL EXISTING WAREHOUSE CMU WALL BEYOND RIVER VALLEY BUSINESS CENTER2100 STOUGHTON AVENUECHANHASSEN, MNMARCH 6, 2020 A3TENANT PLANtenant proposal for:HEMP ACRESSTOUGHTON AVENUE VENTURES102 JOHNATHAN BOULEVARDCHASKA, MNDETAIL PLANS9116 34th avenue northminneapolis, mn 55427 763-545-1072architectPHILLIP D. JOHNSONPHILLIP D. JOHNSONJUNE 5, 20202 A3 3 A3 5 A3 4 A3 6 A3 4 A3 4 A3 1 A3 5 A3 6 A3 7 A3 6 A3 JUNE 5, 2020 HANDRAIL EXISTING WINDOW AC UNIT 96’-5” CONC. SHELF CAST TO SUPPORT STEEL BEAMS BITUMINUOUS OVERLAY BUILT UP TO ELEVATIONS SHOWN. TAPER BIT. TO EXISTING PAVEMENT STEEL BEAMS ON STEEL POSTS ELECTRICAL TRANSFORMERS BITUMINUOUS OVERLAY BUILT UP TO ELEVATIONS SHOWN CONC. CAST TO SUPPORT STEEL BEAMS 6” 8’-0”8”8’-0” 96’-3” VERIFY 96’-0”19’-0”4” WIRE MESH RAIL INFILL SEE RAIL AT EAST BUILDING ENTRANCE, MATCH METAL DECK ON “C” JOISTS AND STEEL FRAMING NOTE: FINAL DESIGN BY STEEL FABRICATOR ST. CHANNEL ANCHORED INTO CMU & CONC. FLR. EDGE METAL DECK ON STEEL FRAMING CONC. SHELF CAST TO SUPPORT STEEL BEAMS BITUMINOUS BEYOND 2” BLDG WALL METAL DECK ON STEEL FRAMING METAL DECK ON STEEL FRAMING STEEL BOLLARDS BEYOND EAST BLDG ENTRANCE 5’-0”35’-10” YELLOW PAINT STRIPING AND ACCESSIBLE SYMBOL NOTE: FINAL DESIGN BY STEEL FABRICATOR 5 A3 4 A3 20’-0”8-0x16-0O.H.DR.1 2 1’-0” 1.4 2.5 3 1’-0”30’-0”29’-0” 4” METAL FRAMED WALLS TO ROOF DECK W/ CORRUGATED STEEL FINISH EACH SIDE SEED CLEANING 30’-2”3-0 x 7-0MET DRMET FR6-0 x 7-0 PRMET DRMET FR3-0 x 7-0MET DRMET FR5’ X 10’ X 4” REINFORCED CONC SLAB. TENANT TO PROVIDE THICKNESS AND REINFORCING SPEC.FLR SLAB SLOPE 1/8” / 1’-0”FLR SLAB SLOPE 1/8” / 1’-0”10’-0”10’-0”10’-0”8”8”55’ X 18’ X 6” REINFORCED CONC SLAB. TENANT TO PROVIDE THICKNESS AND REINFORCING SPECIFICATION 4’-8”4’-8”25’-0” 4 EXISTING CMU EXTERIOR WALLS EXISTING CIP CONC COLUMNS EXISTING CMU EXTERIOR WALLS OPENINGS SIZED AND LOCATED IN EXTERIOR WALLS FOR TENANT PRODUCTION BY TENANT 3’-4”3’-4”5’-4”19’-0”10’-0”9’-8”3’-0”8’-8”17’-4”26’-8”3’-4” 4E 4F NW CORNER, SEED CLEANING ROOM 1/8” = 1’-0” EXISTING NW CORNER 1/16” = 1’-0” 1 21.4 2.5 3 4 4E 4F 1’-0”1’-0”30’-0”29’-0”30’-2”20’-0”25’-0” EXISTING CMU EXTERIOR WALLS EXISTING CIP CONC COLUMNS EXISTING CMU EXTERIOR WALLS 8-0x16-0O.H.DR.EXISTING CIP CONC COLUMNS 4G 20’-0”CONCRETE FLOOR ON EXISTING CONC. WITH SLOPE TO NEW TRENCH DRAINS. DR. HDWR. 1 1/2 BUTTS CLOSER LEVER LATCHET DR. HDWR. 1 1/2 BUTTS CLOSER LEVER LATCHET DR. HDWR. 1 1/2 BUTTS EACH DR CLOSER EACH DR DEADBOLT AT TOP COORDINATOR LEVER LATCHET21’-0””PROPOSED BINS BY TENANT RIVER VALLEY BUSINESS CENTER2100 STOUGHTON AVENUECHANHASSEN, MNMARCH 6, 2020 A4TENANT PLANtenant proposal for:HEMP ACRESSTOUGHTON AVENUE VENTURES102 JOHNATHAN BOULEVARDCHASKA, MN9116 34th avenue northminneapolis, mn 55427 763-545-1072architectPHILLIP D. JOHNSONPHILLIP D. JOHNSONJNE 5, 20202 A4 1 A4 JUNE 5, 2020 DETAIL PLANS AIR HANDLING COMPRESSORS ETC MCES USE: Letter Reference: 200401A6 Address ID: 734526 Payment ID: 432359 ___________________________________________________________________________________________________________________ Date of Determination: 04/01/20 Determination Expiration: 04/01/22 Greetings! Please see the determination below. Project Name: Hemp Acres Project Address: 2100 Stoughton Avenue Suite #/Campus: 100 / River Valley Industrial Center City Name: Chanhassen Applicant: Phillip Johnson, Cornerstone Investors Special Notes: None Charge Calculation: Warehouse: 49,127 sq. ft. @ 6950 sq. ft. / SAC = 7.07 Process Discharge: 250 gallons / day @ 274 gallons / SAC = 0.91 Total Charge: 7.98 Credit Calculation: Warehouse (Grandparent 1958): 49,127 sq. ft. @ 6950 sq. ft. / SAC = 7.07 Total Credit: 7.07 Net SAC: 0.91 = 1 SAC Due The business information was provided to MCES by the applicant at this time. It is the City’s responsibility to substantiate the business use and size at the time of the final inspection. If there is a change in use or size, a redetermination will need to be made. If you have any questions email me at: toni.janzig@metc.state.mn.us. Thank you, Toni Janzig SAC Technician Please visit our SAC website by going to: http://www.metrocouncil.org/SACprogram NORTHTRUE NORTH1 1.4 2 2.5 3 4 5 6 9 10 11 12 40’-2”40’-2”40’-0”1’-0”1’-0”1’-0” 13’-0”16’-0”15’-1”14’-11 25’-0”25’-0” 17’-4” conc plank clg 25’-0”25’-0”25’-0”25’-0”8-4x10-9roll-up8-4x10-9roll-up18’-3”15’-0”22’-0”7-11 x 8-69’-1”15’-11” 25’-0” 1’-10” 14’-6”10’-3” 25’-0” 16’-11” 30’-0”29’-0” 25’-0”20’-0”25’-0”8” 25’-0”19’-11” 7 8 13 14 8”20’-1”18’-4”18’-7”18’-4”8-0x8-0 O.H.DR. 201’-10”127’-6” 329’-4”8-0x8-2M.O.8-0x8-0O.H.DR.25’-0” 100’-6” 25’-0”25’-0”25’-0” ”30’-0”30’-0”30’-0”30’-0”OPEN DOCK WITH ROOF CANOPY 101’-10”2’-0”12’-2” 8’-1” 9’-7”9’-7”32’-3”4’-11” MECH 21’-1”11’-6”8’-10”26’-6” 8-0x8-0 O.H.DR.DNUP14’-5”12’-1”5R 13R 8-0x8-0 O.H.DR. 20’-4”19’-3”20’-0” 101’-8” RIVER VALLEY BUSINESS CENTER CHANHASSEN, MN 20'0'20'60'40'80'100' TWO STORY OFFICE WD FR. 24’ ROOF BOILER RM 3 2 1 office t t break rm m open dock w/ roof canopy ramp5 PP PP 4 55’-0” 5’-3” 8-0x8-0 K.O. PANEL 60’-1” SLOPED ROOF 12’ - 17’11’-0”28’-8” 9’-10”EXPANSION POINT4” METAL FRAMED WALLS TO ROOF DECK W/ CORRUGATED METAL EACH SIDE SEED CLEANING BELOW SLAB SANITARY WASTE OUTDOOR BULK STORAGE TANKS, 3- 16’ DIA X 35’ ABOVE GRADE ON 56’ X 20’ CONC SLAB.30’-2”10’-0”10’-0”42’-0”57’-0”57’-0”42’-0”RIVER VALLEY BUSINESS CENTER2100 STOUGHTON AVENUECHANHASSEN, MNTENANT PLAN MARCH 31, 2020 1TENANT PLANtenant proposal for:HEMP ACRESSTOUGHTON AVENUE VENTURES102 JOHNATHAN BOULEVARDCHASKA, MN270’-0”59’-8”29’-6”28’-10”123’-9”22’-0”OIL CRUSHING PROCESS PROTEIN MILLING PROCESS STORAGE WAREHOUSE RECEIVING SHIPPING OFFOFF WAREHOUSE P1 P1 P2 P1 P1 FOR PLUMBING AND CONCRETE REFERENCE NOTES: PLUMBING NEW FIXTURES 2 - 230’ TRENCH DRAIN P1 - 3 - STAINLESS STEEL HAND SINK P2 - STAINLESS STEEL 3 COMPARTMENT SINK 96” SS. HAND WASHING SINK DRINKING FOUNTAIN - HI-LO ACCESSIBLE MENS - REBUILD 2 WC COMPARTMENTS INTO 1 H.C. ACCESSIBLE COMPARTMENT WOMENS - REBUILD 2 WC COMPARTMENTS INTO 1 H.C. ACCESSIBLE COMPARTMENT SUMP PUMP SERVICE SINK EXISTING FIXTURES MENS - 3 WATER CLOSET 2 URINAL 36” RADIUS GANG LAV WOMENS-5 WATER CLOSET 4 LAVATORY COMMON SPACE-8’ SS LAV. TROUGH - DRINKING FOUNTAIN 96” SS. HAND WASH SINK REBUILD 2 WC COMPARTMENTS INTO 1 H.C. ACCESSIBLE COMPARTMENTDF SERVICE SINK ELECTRICAL TRANSFORMERS COVERED PLATFORM DS DS 100’-0” 96’-0”FROST FOOTING1:20 SLOPE 1:20 SLOPE 47’-6” 32’-6”4’-6”4’-6”5’-0” 7 R @ 7” 6T @ 12” DS 98’-3”10’-0”HANDRAIL 53' TRAILER RAISE DOCK DOOR TO FULL HEIGHT. INFILL DOOR OPENING WITH MATERIAL TO MATCH ADJACENT WALL PROPOSED: MENS - 2 W.C. (1 ACCESSIBLE) 2 URINAL 36” RADIUS GANG LAV WOMENS-4 W.C. (1 ACCESSIBLE) 4 LAVATORY COMMON SPACE-8’ SS LAV. TROUGH - DRINKING FOUNTAIN 53' TRAILER FLR SLAB SLOPE 1/8” / 1’-0”FLR SLAB SLOPE 1/8” / 1’-0”8”TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH DRAIN 10’-0”10’-0”PROCESSING 20,000 SQ FT WAREHOUSE 27,355 SQ FT OFFICE 2,805 SQ FT 50,160 SQ FT FLR SLAB SLOPE 1/8” / 1’-0”FLR SLAB SLOPE 1/8” / 1’-0”8”TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH DRAIN6’-0”8’-0”5’-0”8’-0”8’-0”18’-0”18’-0” 36” ABOVE GRADE BUMPER POSTS 6’-0” O.C.2’-8”1’-4”ACCESSIBLE CURB 5’-0”8’-6”8’-0”8’-0” 9’-10” BELOW SLAB TO FUTURE FLAMMABLE WASTE TRAP SANITARY WASTE CONNECTED TO EXISTING SANITARY BELOW PARKING AREA8-0x8-2M.O.TRENCH DRAIN TO SANITARY WASTE TRENCH DRAIN TO SANITARY WASTE BELOW SLAB TO FUTURE FLAMMABLE WASTE TRAP BELOW SLAB TO FUTURE FLAMMABLE WASTE TRAP BELOW SLAB FUTURE FLAMMABLE WASTE TRAP EQUIPMENT PLATFORM ABOVE EQUIPMENT PLATFORM ABOVE 1’-0”16’-0”15’-1”14’-11 17’-4” conc plank clg 8-4x10-9roll-up8-4x10-9roll-up18’-3”15’-0”7-11 x 8-69’-1”15’-11”14’-6”10’-3”16’-11”25’-0”19’-11” 8-0x8-0 O.H.DR. 101’-10”2’-0”12’-2” 8’-1” 26’-6” 8-0x8-0 O.H.DR. 8-0x8-0 K.O. PANEL BELOW SLAB PIPE TO NEW FLAMMABLE WASTE TRAP REBUILD 2 WC COMPARTMENTS INTO 1 H.C.ACCESSIBLE COMPARTMENTDFSS HAND SINK SERVICE SINK RECEIVINGWAREHOUSE SHIPPING STORAGEWAREHOUSE SEED CLEANING OIL CRUSHING PROCESS PROTEIN MILLING PROCESS YELLOW PAINT STRIPINGAND ACCESSIBLE SYMBOL 24’-0”40’-6”16’-5” 179’-0”39’-8”80’-2”100’-7”40’-5”238’-0”26’-4”1’-0”34’-8”34’-8”34’-8”34’-8”34’-8”36’-4”1’-0”163’-4” 39’-4”1’-0”40’-0”40’-0”40’-0”3’-0” 163’-4”22’-0”127’-6” office t t break rmm 101’-8”90’-10”61’-8”29’-9”13’-7”10’-7”ramp14’-0”10’-0” PP PP201’-10”152’-6”29’-6”268’-10”162’-0”179’-0”184’-2”329’-4” 1962 TIMBER FR/WD DECK SPRINKLERED 22’ DECK TWO STORY OFFICE WD FR. 24’ ROOF BOILER RM 13-4 X 11-8 PP F U E L F I L L E R C A P F U E L M O N I T O R ELEC. TRANS. TOWER PP BITUMINUOUS PVMT BITUMINUOUS PVMTBITUMINUOUS PVMT FENCEBITUMINUOUS PVMT 1984 CONC. FR/CONC. DECK SPRINKLERED 24’ ROOF 60’-5”77’-0”ST. FR/ST. DECK 24’ ROOF 1962 ST. FR/ST. DECK SPRINKLERED 21’ DECK 1962 ST. FR/ST. DECK SPRINKLERED 21’ DECK 20'0'20'60'40'80'100'200'NORTHWAREHOUSE 2100 STOUGHTON AVENUE CHANHASSEN, MN238’-0” ?TANK 39’ DIA 35’ HIGH BITUMINUOUS PVMT 6-9 x 16-1053' TRAILER ELECTRICAL TRANSFORMERS COVERED PLATFORM DS DS 100’-0” 96’-0”FROST FOOTING1:20 SLOPE 1:20 SLOPE 47’-6” 32’-6”4’-6”4’-6”5’-0” 7 R @ 7”6T @ 12” DS 98’-3”10’-0”HANDRAIL 2’-8”1’-4”8’-0”8’-0”8’-0” 95 spaces 53' TRAILER45’ -5 spacesfut pkg110’18’266’ = 30 SPA C E S 261’ = 29 SPA C E S 171’ = 19 SPA C E S100’175’ = 19 spaces future pkg53' TRAILER53' TRAILER297’ = 33 spacesfuture pkg53' TRAILER53' TRAILER53' TRAILER72’ -8 spaces fut pkg 1:20 slope70’ -6 spaces+ acc space54’ -6 spaces52’ -6 spaces54’ -6 spacesFUT DRIVE IN DR FUT DRIVE IN DR175’ = 19 spaces future pkg175’ = 16 spaces+3 spaces future pkg57’ -1 space+ 2 acc spacesWEST PARKING: TOTAL: 86 EXISTING PKG SPACES 89 FUTURE SPACES 1.54A = 6.6% 11 SLOPED ROOF12’ - 17’11’-0”28’-8” SCALE 53' TRAILER 53' TRAILER53' TRAILER53' TRAILER53' TRAILER53' TRAILER SITE PLAN 1” = 50’-0”RIVER VALLEY BUSINESS CENTER2100 STOUGHTON AVENUECHANHASSEN, MNMARCH 6, 2020 A1 a PARKING site development: parking analysisplanting planSTOUGHTON AVENUE VENTURES102 JOHNATHAN BOULEVARDCHASKA, MNSUPPLEMENT9116 34th avenue northminneapolis, mn 55427 763-545-1072architectPHILLIP D. JOHNSONPHILLIP D. JOHNSONJUNE 5, 2020JUNE 5, 2020 PARKING PLAN open dock w/ roof canopy to be removed MECH PLANTING DETAIL 1 PLANTING DETAIL 2 EAST PARKING: TOTAL: 24 EXISTING PKG SPACES 13 FUTURE SPACES TOTAL 212 PARKING SPACES (includes 102 future spaces) (includes 8 accessible spaces)99’-0”98’-0”97’-0”96’-6”97’-6”99’-6”98’-6”99’-10”6-9 x 16-10BITUMINUOUS PVMTBITUMINUOUS PVMT 24’ GATE HINGED 40’ GATE CANTILEVERE D 40’ GATE HINGED 30’ GATE CANT/HINGE 9’-0”7’-0”15’-0”2 - AUTUMN BLAZE MAPLE PLANTING DETAIL 1 3 - JAPANESE TREE LILAC 6 - DWARF AMUR MAPLE 3’-0” O.C. MINACCESSIBLE RAMP LANDING 4’-6”7’-6” PLANTING DETAIL 2 CUT PVMT FOR PLANTINGS PLANTING SCHEDULE SYMBOL ABM AUTUMN BLAZE MAPLE JLT JAPANESE LILAC TREE DECIDUOUS TREES DECIDUOUS SHRUBS BOTANICAL NAME COMMON NAME 2.5" 15 CAM MATURE H X WQTYROOT 16"7’ X 7’ 25’ X 20' SIZE 6 3 B/B 50' X 40'2 'JEFFERSRED' ACER X FREEMANII SYRINGA RETICULATA multi stem 'BAILEY COMPACT'AMUR MAPLE ACER GINNALA BAILEY COMPACT GAL 5 GAL AL AMERICAN LINDEN CONIFEROUS TREES BLACK HILLS SPRUCE EASTERN WHITE PINE PICEA GLAUCA VAR. BS WP 2.5" 6' 6' B/B B/B B/B TILIA AMERICANA PINUS STROBUS 40' X 30' 40' X 15' 60' X 35' 2 DENSATA 3 4 CUT PVMT FOR PLANTINGS FENCE FENCE FENCEFENCE FENCE FENCEFENCE FENCE 71’-0”2 - acc spacePPPP elec trans53' TRAILERALAL AL AL BS BS WP WP WP Re: Gedney building 2100 Stoughton Avenue Chanhassen, MN SITE TRAFFIC COMPILATION: Anticipated traffic volumn from Hemp acres tenant ‘4’: Occupying 50,000 sq ft. Present expected employees 10 - 12 in the building on a given workday. Anticipated expanded operations employees 25 - 30 in the building on a given workday. Existing tenant ‘1’ in the building: Occupying 40,000 sq ft. Present 1 visit to the space each week Maximum occupants during turnover of storage 3 occupants for two days, three times per year. Projected warehouse tenants ‘2’ and ‘3’ in the building. Occupancy of remaining 90,000 sq ft. Projected at 1 occupant per 1000 sq ft. = 90 occupants. Total projected occupancy: 123 occupants At projected occupant arriving at the site to be 1 1/4 occupants per vehicle that would become 99 vehicles onto and off of the site at peak arrival and departure times. Deliveries by truck to the site: Anticipated truck traffic from Hemp acres ‘4’: Present, 1 tractor/trailer per day incoming, 1 tractor/trailer per week outgoing Projected 3 years, 2 tractor/trailer per day incoming, 2 tractor/trailer per day outgoing. Existing tenant ‘1’ in the building: Anticipated 1 tractor trailer per month incoming, 1 tractor/trailer per month outgoing. Projected warehouse tenants in the building tenant ‘2’ & ‘3’. Projected 3 tractor/trailer per day incoming, 3 tractor/trailer per week outgoing. A U D U B O N A V E N U E Carver County Public Works 11360 Highway 212, Suite 1 Cologne, MN 55322 Office (952) 466-5200 | Fax (952) 466-5223 | www.co.carver.mn.us CARVER COUNTY June 26, 2020 City of Chanhassen c/o Bob Generous AICP Senior Planner 952-227-1131 bgenerous@ci.chanhassen.mn.us Re: Development / Access Review Comments: Conditional Use Permit for Food Processing at 2100 Stoughton Avenue (Hemp Acres) – Located near the intersection of CSAH 61 (Chaska Blvd.) and CSAH 15 (Audubon Rd.) Thank you for the opportunity to review the subject development in the City of Chanhassen. Please reference the Public Works Development Review Process document on the County’s website for detailed instructions. The County assumes compliance with State Statute 505.03 Subdivision 2 regarding road authority review. Consistent with the County Comprehensive Plan and County Codes, the following are comments and recommended conditions of approval and potential requirements for any necessary permits to be issued for the project: 1. Impacts to County Right of Way and Access to County Highways a. The subject site is not adjacent to County right of way and no direct access to County Highways is proposed. Additional County review and approval will be required if this condition changes. 2. Traffic Impacts a. The County requires a Transportation Impact Analysis (TIA) for a development determined to substantially impact a County Highway facility. At this time, the proposed use does not appear to meet the defined thresholds listed below (2.a.i), although the estimated traffic generation was difficult to interpret for the proposed use. If the proposed use is revised or trip generation is further defined to meet one of these factors, then additional traffic information and analysis related to the operations at the intersection of Highway 61 (Chaska Blvd.) and Highway 15 (Audubon Rd.) will be required. For example, potential traffic mitigation by the development may need to be provided when the development site and intensity approaches these thresholds. At such time additional measures may be needed to provide reasonable capacity and traffic operations at or nearby related County intersections and highways. i. County Guidance for Requiring Transportation Impact Analysis 1. Development generates 750 or more vehicle trips per day. 2. Development generates 100 or more vehicle trips in any one hour period. 3. Associated roadway traffic is increased by 50% or more. 4. Development is determined to create a potential hazard to public safety as determined by the County Traffic Engineer. 5. Development traffic could substantially affect an intersection or roadway segment already identified as operating at a level of service D or worse. 3. Required Permits a. Prior to any work affecting or on County highways or in County right of way (none currently proposed), the applicant shall coordinate plans with the County Engineer and obtain a Utility or Excavating/Filling/Grading Permit(s) from Carver County Public Works: (http://www.co.carver.mn.us/how-do-i/apply-for/a-permit). Final details of locations, grades, and profiles affecting County roads as well as any utility connections will need to be reviewed and approved prior to any permits. b. Any damages, modifications, or changes incurred on County highways from current or approved conditions will need to remedied or updated at development expense, including costs incurred by the County. These are the County’s comments at this time. If you have any questions or need further assistance, please contact staff noted below: Joan Guthmiller Administrative Technician Carver County Public Works 952.466.5201 jguthmiller@co.carver.mn.us Angie Stenson AICP Sr. Transportation Planner Carver County Public Works 952.466.5273 astenson@co.carver.mn.us Dan McCormick, P.E. PTOE Traffic Services Supervisor Carver County Public Works 952.466.5208 dmccormick@co.carver.mn.us CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE srATE OF MINNESOTA) ( ss. corINTY OF CARVER ) I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on &',." JS F.Elf;'20i0, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy ofthe atached notice of Public hearing to consider a request for a Conditional Use Permit (CUP) for Food Processing and Outdoor Storage on property located at 2100 Stoughton Avenue (Hemp Acres); Zoned Industrial OIIice Park (IOP), Planning Case File No. 2020-09 to the persons named on attached Exhibit ..A", by enclosing a copy ofsaid notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses ofsuch owners were those appearing as such by the records ofthe County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and swom to before me thist<+day of.-\+t.-z- ,2020. Kim . Meuwissen, Deputy Cler k (Seal) JEAII U STECKLII{G Nery R/blorffmaE riffitEd..5tl.tElr No tary Pub Subject Area Daacl!l.Br This map is neithea a legally lecor(led map nor a suNey and is not intended lo be used as one. Thig ,rarp is a compilation of recods. information and data localed in various city, @unty. state and tederal ofices and other sources regardang the alea shown. and is io be used for refeence purpo6€5 only. The Cily do6s nol waraant that the Geog€phic lnbrmation System (GlS) Oata used to prepare this map are eroa free, and the City do€-s not represenl tlat the Gls oala can be used tor navigational, t_acldng or any other purpose requiring exacfno niea$remenl of distance or diredion or p,eclsron in the depidion of Oeographic Gatules. The paeceding disdaimer is povided pulalant to Minnesota StaMes 5,164.03, Subd. 21 (20(a), and the use. of thi3 map ad(no'viedlEs lhat the City shall not De liable for any .lama0es, and expressly waives all daimg, and aoree3 to detend. indemnity, and hold hamle$ the City lrom any and all daims brooght by User, its employe6 or agents. or thid padies \ 4lich arise oul of the users access or use of data plovided. DLchh€r This map is neither a legally Eco.ded maP nor a suNey and i3 nol intended lo be used as one. This map is a comprhtion o, reco.ds. inlomalion and data located in varbuS cily. coonty, sbte aM fedeGl ofice5 and olher sources regarding the area shorn. and i3 to be used br rebrence purpoges only. The City does not warra.t that the Geogaaphic lnfonnation System (GlS) Data used to prepare this map are enor free. and fle City do€6 not repfoa€nt that the Gls Data can be used for navi€abonal, facking or any other purpos€ Equiring exacting ,tt€asurement of distrnce or directon or precision in he deric{ion of Oeographic featuGs The preceding clisclaimer is provrded putauant lo Minndota Statut6 5.{66.03, Subd. 21 (2000), and the u3er of thas mep actnowledge3 that the City shall not be liable for any daftrOes, and etpessly *aivea all claims, and agrees to defend. ind€rnnrt. and hold haml€s the city from any and alldaims brought by User. iE employees ol aoents. o. lfrid partles vfiidl adse out ot the 6e/s access or use of datia provided. (TAX_NAME)D rTAX_ADD_L1> <TAX ADD L2r Subiect Area [tr + ? \.-[tr1 I 1 (Next RecordxTAX_NAMET ITAX_ADD_LI r rTAX ADD L2r I-TT EIGEI I I ? It a t I -_\ E .q o, 2EFb EE o-Eoo98F- tiog R€Oc;(\c -EF9 Eo ;.so! 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(n (n sl <h rl r- sl <l Ol rn (n O1 (!@61'\.Osl@rl mF. m 6 c, ci 6 o m o o.6 f\ (n.n (n (n l.. o o F 6 (n.n (n d) m.n.n c)a-J H 6 6 6 6 6 F{ o o O O O d O O O O O O <t H d H d O H O O6 ora 6 6 6 6 oo o o O O O ur O O A O o o oo O O O O O O6 an a\l rn an m an nt an an (n (n (n tr) a\ (n an an (n ao an rn rn rn an m an ln ilzd CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES JULY 7, 2020 Chairman Weick called the meeting to order at 7:15 p.m. MEMBERS PRESENT: Steven Weick, Mark Randall, Doug Reeder, Laura Skistad, Eric Noyes, and Mark Von Oven MEMBERS ABSENT: Michael McGonagill STAFF PRESENT: Bob Generous, Senior Planner; MacKenzie Walters, Associate Planner; Erik Henricksen, Project Engineer; Richard Rice, IT Manager; Matt Kerr, IT Support Specialist; and Jean Steckling, Senior Admin Support PUBLIC PRESENT: Phil Johnson 9116 34th Avenue, New Hope Dan Burke 225 West 77th Street Charles Levine 8420 County Road 10E PUBLIC HEARING: CONSIDER A REQUEST FOR A CONDITIONAL USE PERMIT (CUP) FOR FOOD PROCESSING AND OUTDOOR STORAE FOR SIX SILOS ON PROPERTY LOCATED AT 2100 STOUGHTON AVENUE (HEMP ACRES). Bob Generous and Erik Henricksen presented the staff report on this item. Chairman Weick asked for clarification on the height of the existing building in relation to the proposed height of the silos. Commissioner Reeder asked that the applicant comment on ownership of the silos, if there are any other similar operations in the area and if there are any hazards associated with this operation. Commissioner Skistad asked if water service is adequate and asked for clarification on the amount of discharge. The applicant, Charles Levine, owner, founder and chief operator of Hemp Acres answered questions raised by commission members regarding the silos, other similar operations in the area, hazards, and discharge before explaining and showing samples of the products he will be producing. After questions from commissioners Chairman Weick opened the public hearing. No one spoke and the public hearing was closed. Reeder moved, Randall seconded that the Planning Commission approve the Conditional Use Permit to allow Hemp Acres to process food products from hemp seeds and allow the construction of six 35-foot tall silos based on the plans prepared by Phillip D. Johnson, Architect, dated April 4, 2020, subject to the following conditions: Planning Commission Summary – July 7, 2020 2 Building: 1) A building permit will be required for unit improvements, silo installation, and unit remodeling. Engineering: 1) If an intensification or increase in use or an expansion is requested for the site, a traffic analysis will be required to determine the volume of traffic the new site will generate. 2) Any future intensification of the site usage shall investigate the use of the driveway access to Audubon Road. Natural Resources: 1) The applicant shall work with city staff to finalize a planting plan. 2) The applicant shall incorporate a landscape buffer along the north side of the building, which includes Autumn Blaze maple, Siouxland poplar, Black Hills spruce and Amur maples. 3) The front planting areas shall have wood mulch as a ground cover. 4) All proposed parking lot landscape islands and peninsulas shall comply with City Code. Planning: 1) When the site is redeveloped or the usage intensifies, the existing pickle tanks shall be removed from the property unless they are used as part of the building tenant operation. Water Resources: 1) Updated plans illustrating the total land disturbance activities associated with all site improvements shall be submitted for review and approval by the city. And adoption of the Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: CONSIDER A REQUEST FOR A SETBACK VARIANCE AT 7701 FRONTIER TRAIL. MacKenzie Walters presented the staff report on this item. Commissioner Noyes asked about the level of difficulty in changing the width of the eaves. The applicant, Dan Burke, 225 West 77th Street explained how he would like to have a one foot overhang on the porch to match the rest of the house that was built in 1896. Chairman Weick opened the public hearing. Planning Commission Summary – July 7, 2020 3 MacKenzie Walters summarized an email received from Jack and Paula Atkins in favor of this variance request. Chairman Weick closed the public hearing. Noyes moved, Von Oven seconded that the Chanhassen Board of Appeals and Adjustments approve a 40 foot front setback variance for the construction of an open porch subject to the conditions of approval as amended and adopts the attached Findings of Fact and Decisions. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: CONSIDER AN AMENDMENT TO THE CHAPARRAL PLANNED UNIT DEVELOPMENT (PUD) ORDINANCE TO CORRECT A TYPOGRAPHICAL ERROR. Bob Generous presented the staff report on this item. Chairman Weick called the public hearing to order. No one spoke and the public hearing was closed. Von Oven moved, Randall seconded that the Chanhassen Planning Commission recommends City Council approve the amendment to the Chaparral Planned Unit Development-Residential zoning to correct the internal inconsistency and adopts the Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES: Commissioner Skistad noted the verbatim and summary Minutes of the Planning Commission meeting dated June 16, 2020 as presented. ADMINISTRATIVE PRESENTATIONS. Bob Generous notified the commission members that the next two Planning Commission meetings have been cancelled due to no applications. Reeder moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at 8:20 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CHANHASSEN PLANNING COMMISSION REGULAR MEETING JULY 7, 2020 Chairman Weick called the meeting to order at 7:15 p.m. MEMBERS PRESENT: Steven Weick, Mark Randall, Doug Reeder, Laura Skistad, Eric Noyes, and Mark Von Oven MEMBERS ABSENT: Michael McGonagill STAFF PRESENT: Bob Generous, Senior Planner; MacKenzie Walters, Associate Planner; Erik Henricksen, Project Engineer; Richard Rice, IT Manager; Matt Kerr, IT Support Specialist; and Jean Steckling, Senior Admin Support PUBLIC PRESENT: Phil Johnson 9116 34th Avenue, New Hope Dan Burke 225 West 77th Street Charles Levine 8420 County Road 10E Weick: Thank you for obliging us with that. As you have noticed this is a little different meeting format for us. We’ve done it for the past couple of meetings but please be patient as we work through any audio or video difficulties this evening. Again I would remind all commissioners please don’t hold any chats, discussions or text messages on the side through the Zoom application. All of our discussions need to be public and on the record. Tonight we have 3 public hearing items on the agenda. Staff will begin with the presentation of the item. At that time we will have time for comments or questions from the Planning Commission. Then the applicant will be able to make a presentation. After the applicant makes a presentation we can ask questions of the applicant or get clarifications on the project directly from them. At that time we will have a public hearing. In the public hearing we will summarize any emails we’ve received. For the record anyone here present in the chambers may come up to the podium. State their name and address for the record and make a comment on the item. And we will also have the opportunity for telephone calls. The telephone number will be prompted at the bottom of the screen at the appropriate time. You may call in and make a comment as well if you so desire. Once everyone has had a chance to be heard through one of those 3 methods we will close the public hearing. The commission will then again have time for comments and discussion amongst themselves and then we can take a vote on the item. We’ll do that for all 3 items this evening. Chanhassen Planning Commission – July 7, 2020 2 PUBLIC HEARING: CONSIDER A REQUEST FOR A CONDITIONAL USE PERMIT (CUP) FOR FOOD PROCESSING AND OUTDOOR STORAE FOR SIX SILOS ON PROPERTY LOCATED AT 2100 STOUGHTON AVENUE (HEMP ACRES). Weick: The first item on our agenda is item number 2020-09 and will be in front of City Council on July 27th. It is a request for a conditional use permit for food processing and outdoor storage located at 2100 Stoughton Avenue and the name is Hemp Acres. And is that Mr. Generous, yes. We’ll turn it over to you Bob. Generous: Chairman Weick and commissioners. I was hoping that our presentation would come up on my PC. There we go, thank you. As you stated Planning Case 2020-09 is a conditional use permit request for food processing operation to process industrial hemp seeds into hemp oil and protein powders. This, the other part of the conditional use is for the outdoor storage of they propose to have 6 silos on the back of the building and so we wanted to address that upfront so people know that that would be coming. The applicant is Hemp Acres, LLC. The owner is Capstone Investors LLC. As you stated the public hearing is tonight and it goes to City Council on the 27th. The property is located at 2100 Stoughton Avenue. It’s surrounded on 3 sides by the city of Chaska. However it is in the city of Chanhassen. In 1958 Gedney Pickles consolidated their pickle operation at this site. Since then they were in continuous operation until 2019. Then they shut down their operation and the building has been vacant until earlier this year and then we have the easterly tenant moved in on approximately 40,000 square feet and they store Bradley Army vehicles in that building and then this is the westerly 50,000 square feet and they’re going to create the Hemp Acres processing facility. The legal description is quite convoluted and it includes land down on the Minnesota River valley. If you look at the, oh I should have. These sites used to be ponds for the treatment of the brine from the pickle operation so all the manufacturing waste or water were sent down there for treatment. The City of Chaska provides some treatment for the office portion of the building and so there is limited capacity that they provided. The applicant and the property owner need to contact the City of Chaska regarding all that and we’ve had Hemp Acres has had their SAC determination through the Met Council and they owe approximately one SAC unit which will be paid to the City of Chanhassen and then we will forward it to Chaska so. Again the request is for a conditional use permit for food processing and outside storage with the six silos on the westerly 50,000 square feet of the building. The River Valley Business Center is approximately 180,000 square foot building. This would be the second unit that’s occupied. There are approximately 90,000 square feet in the middle two additional units that would, would be able to be occupied for office industrial warehouse uses. However the limitation on those uses would be the ability of sanitary sewer services. The site does have it’s own well so that’s where all their water comes from. There is a potential if Chaska does not have sufficient capacity that they could create an onsite subsurface treatment system and that would be determined as future development comes in place. The property is zoned, is guided for office industrial uses in the City’s 2040 Comprehensive Plan. It’s zoned industrial office park and food processing and outside storage are conditional uses in the IOP district. Basically the 50,000 square foot unit is on the west end. Previously there was Chanhassen Planning Commission – July 7, 2020 3 an open covered dock area that has been removed from the site so it’s no longer there. In the future they’re looking at providing a parking opportunities on the west side of the building. When they propose to do that we will require that they come in with the plan and show us how they’re going to comply with city ordinance for landscaping and parking stall depth and drive aisle width. Access to the site is off of Stoughton Avenue. There’s a chain link fence that has an opening gate that they’ll come in through. The south portion of the building would be for sending out their, what they’re manufacturing. The north side and the silos would be on the northwest corner of the building and that’s where they’ll bring the raw hemp seed, industrial hemp seed into the property. I’ll have the applicant give you more discussion on their operation when they come for their presentation. Again this easterly run is where the armor vehicles are stored and then these two units are vacant right now. And this is a schematic aerial view. They’re proposing some changes to the entrance here to put in the handicap ramp and the addition of the silos on the northwest corner of the building. Their operation would be, the seeds would come in from the northwest corner and go through their conveyance system to the different processing operation. Lots of storage and warehouse in here. Here’s a distribution area that the trucks would take the stuff out. They have a small office portion of the development. We have calculated to see that they comply with city ordinance for parking and they have more than they need for this operation even if it was full capacity. And then Erik is going to discuss the site access, the road system and a little bit on the utilities so he’s on Zoom. Henricksen: Yeah, thanks Bob. Mr. Chair and commissioners, good to see everybody again. Just want to ask everybody hear me okay? This is a new laptop so I just want to make sure I’m coming in fine. Okay, good. So the review of this conditional use permit was unique in the city’s engineering and public works departments due to the site’s location and the surrounding public facilities. As Bob mentioned the site sewer is serviced by the City of Chaska. Water is had from a private well and there is no Chanhassen right-of-way abutting the property. As seen from this slide, the site’s primary access is on Chaska’s portion of Stoughton Avenue even though Chanhassen’s city limits encompass the site. The only right-of-way, the immediate area that is the City’s is a short section of Stoughton. It’s highlighted there in purple. And that section connects to Chaska’s section of Stoughton which then connects Carver County’s Flying Cloud Drive so it’s kind of a pass through right-of-way there. With that in essence there are no direct Chanhassen public services that the site utilizes even though it is fully within the city limit. With this unique situation engineering and public works staff reviewed the conditional use permit based mainly on the intent of Section 20-232 regarding transportation and traffic requirements of conditional use permits. This section essentially limits conditional uses that will create excessive traffic. Based on the proposed use the site does not appear to meet the threshold of excessive. If the site, if the site’s used as either 100 or more vehicle trip ends in any one hour or 750 trips per day a traffic impact study or some traffic analysis will need to be performed to further assess the impacts of the surrounding road network and to determine if the site was generating excessive traffic. As it is the judgment of staff and based on the proposed use there will not be nearly that amount of vehicular traffic. Staff has recommended that the CUP be conditioned that if an intensification of use of the site or expansion of the site is ever proposed then the applicant would be or should be required to provide such a traffic study. This is also in Chanhassen Planning Commission – July 7, 2020 4 align with the County’s review memo provided in your packet. Short and sweet but with that I will turn it back over to Bob. Generous: The one other thing about utility accessibility is the City did in 2015 look at a potential for City of Chanhassen providing services and the study determined that it would be feasible for the City to do it. However this is at the end of the line and it would take at least 3 lift stations to make this work so the timing on this operation is indeterminate right now but just to know that the City does have a potential as this is, if in the future to serve this with city services. Additionally as part of that look at, we’re looking at the potential for extending Engel Boulevard down to the northeast corner of this site to service this whole area. The utility extension would serve all the properties in Chanhassen, not just this one so there are other properties to the east that could connect to it and that as part of the 2015 study we did up guide several of the parcels in the area so they could develop at a more intensive and suburban type use so. With that staff is recommending approval of the conditional use permits for the food processing operation with outside storage of the six silos subject to the conditions of approval in the staff report and adoption of the Findings of Fact and Recommendations. With that I’d be happy to answer any questions. Weick: Thank you Mr. Generous. That was a good presentation. I have one quick question and then I’ll turn it over to the planning commissioners. Do you know the even relative height of the existing building that’s there? Even if it’s an estimate. Generous: I believe it is approximately 30 feet. Weick: Oh it is. Okay. So these silos are going to be roughly the same. Generous: Yeah a little bit higher. Weick: Okay. Generous: That one elevation sort of showed you the relative appearance of the units. Weick: Okay, that’s all I had. I will, I’ll just let our planning commissioners jump in right now if you do have questions for city staff. Reeder: Mr. Chairman? Weick: Yes, thank you. Reeder: Are these, who will own these tanks that we’re going to build? Generous: The applicant. Chanhassen Planning Commission – July 7, 2020 5 Reeder: The applicant but do they own the, are they buying the land? Generous: No they’re leasing it is my understanding. Reeder: So they’ll lease the building or…something that they’re leasing. Generous: Yes and they. Reeder: If they can maybe talk about that a little bit in their presentation. Weick: Other questions for staff? Reeder: All of this variances for outdoor storage is there any outdoor storage allowed? Over this one? Generous: That’s not part of their request. If they were to do additional storage they would have to come in for a separate conditional use permit. Reeder: Okay so just the tanks. Generous: Just the tanks and then of course their semi trailers will be on site but that’s part of their normal operation. Reeder: And if they could cover in their presentation whether there is any kind of an operation like this anywhere else. Just give me… Weick: Thank you Commissioner Reeder. Other comments for staff? Questions? Reeder: I guess I’ve got one more Mr. Chairman. Weick: Yeah please. Absolutely. Generous: The Fire Marshal has been intermittently involved with this so they’re looking at, they’ve already submitted the building permit application so we could get that review going and the Fire Marshal’s involved with that and the building official so and we’ve also had communications with the City of Chaska so. Reeder: Okay maybe they could cover that in their presentation too. Whether there’s any hazard to this operation. I’m really done now. Weick: Alright, fair enough. Any other questions for city staff from the Planning Commissioners? Chanhassen Planning Commission – July 7, 2020 6 Skistad: I guess I have a question. Weick: Yeah, sure. Skistad: Bob how do the wells work? I mean how much water does a well service? I mean I’m assuming it’s, it served Gedney so it probably will be more than adequate. Generous: I believe yes it’s more than adequate. They will not use as much water as the Gedney operation did so. The exact numbers I’d have to ask the building officials. Skistad: And then the holding pond would hold the 250 gallons of discharge? I read somewhere the process discharge was 250 gallons per day. Maybe that’s a question for. Generous: That would be for the applicant. Because they didn’t have any discharge from the manufacturing of the Gedney site but they’re also receiving less sewage to this operation so that’s part of the discussion they need to have with the City of Chaska. Skistad: Chaska, okay. Generous: Because their questions are where is it coming from? What are the connections and. Skistad: Okay. Generous: Which we don’t have, there’s no data like that available in our file so, because everything’s been done through them. Since 1963 they’ve had this agreement in place so. Skistad: Okay. Weick: Thank you Commissioner Skistad. We are open for other comments or questions for city staff at this time. And hearing none at this time I will invite the applicant to come forward. I will summarize, I’m sure you cover some of this in your presentation but I captured four kind of questions. One was is there anything similar in the area. Any type of similar operation. Could you clarify the silos that are being built on leased land. Is there any significant hazard to the operation? And then is there discharge and if so what is the gallon per day and where does that go. Charles Levine: Thanks for having me. My name’s Charles Levine, owner of Hemp Acres. Founder and Chief Operator. So we’re currently located in Waconia on our farm operating a 1,600 square foot facility. So to answer the question about the bins, they are pre-assembled. Meridian Bins is what we’d most likely be using but they’re steel, smooth wall hopper bins that come on a semi trailer and erected in place so it’s not something that’s built. We can physically take them on and off the site. And of other operations, I’m the only one in Minnesota for sure. There’s one operation in Carrington, North Dakota that specializes in flax seed oil that has now Chanhassen Planning Commission – July 7, 2020 7 started doing hemp but this is a brand new crop. Brand new industry and yeah I’m the first one to stick my neck out I guess. Weick: Fair enough. Charles Levine: And sorry was. Weick: Hazards and the. Charles Levine: Oh the only thing would be the milling of the hemp cake which is what we turn into protein powder and that’s all closed controlled systems with dust collectors so. Weick: Okay. Charles Levine: Yeah they’re all enclosed. Weick: And is there any type of water discharge as a result of the operation? Charles Levine: No this is all dry processing so the only use of water is for sanitation, cleaning of the equipment after we’re done using it so our water usage is quite minimal especially compared to what Gedney was doing. I think they were going through like a million gallons a week. Something like that. Weick: Okay. And then just anything you want to tell us about the operation and just kind of what you’re doing and. Charles Levine: Yeah so I brought a few samples. So this is hemp seed. You guys are welcomed to take a look at it but basically the industrial hemp plant is produces one of the most nutritious grains on the planet and through our process we take, it’s a very high oil content seed so we use a cold screw press. Use as really low temperatures to preserve all of the omegas in the oil and we take that through filtering and refining and then we bottle up our own retail, 12 foot ounce bottles all the way up to 55 gallon drums and 250 gallon totes and hopefully tankers as we expand. And so it has a really wide diverse range of applications. Everything from industrial lubricants to like nutripheuticals, cosmetics, salad dressings, hair products so that’s the oil. And then the cake is what is the by product of when you squeeze the oil from the seed which is rich in protein and fiber and so we take that, really similar to like a soy bean operation where we take that. Mill it. Pulverize it. Sift it and then we grade out certain different levels of protein which are food grade proteins that vegans, vegetarian plant based options. It’s like whey protein but all from seed. And then there’s also the de-hulling of the seed where you’re breaking off the outer shell which is the inner heart. That can go straight into bags. You can also take that and make milk out of it too. And you can take the whole seed and roast it. Add different flavors just like sunflower seeds so these are all the applications that we would be using with the hemp grain and contracting to start we’ll be doing 5,000 to 10,000 acres of local growers in the area to grow Chanhassen Planning Commission – July 7, 2020 8 industrial grain for us and bring it to us. Process and turn it into food and all sorts of different applications. Weick: Awesome. Can you, are you able to take some questions? I assume there might be some from the commission. I will kick it off and I’ll give people a chance to maybe collect their thoughts with a couple of questions, and I think you answered this but are you farming anywhere or no? Charles Levine: Yes. Weick: You are? Charles Levine: On our farm in Waconia. Weick: Okay. Charles Levine: We’ve set up, I’ve been growing since 2016 and I first got into this learning how to properly grow it and process it so we do, we also do CBD production on the farm and all of our cannabinoid production will stay on the farm. The grain side of the operations will be leaving the farm. Weick: And then you’ll also contract with other farmers? Charles Levine: Yes, yep. Yeah I won’t be supplying the grain for our process. Weick: Oh okay. Charles Levine: We’re looking to contract with a number of different farmers. Weick: Okay, got it. So that answers a couple questions there. And then do you do like aerate or, and I’m thinking more from like anything motorized like drying or aeration within your silos in order to keep that seed from mildewing or anything? Charles Levine: No, so that’s all done on the farm. Weick: Okay. Charles Levine: I would treat it just like any other commodity. Weick: Okay. Charles Levine: A farmer would harvest it. Put it in their bin. Dry it down to 9 percent moisture so we only accept grain at 9 percent. Chanhassen Planning Commission – July 7, 2020 9 Weick: Okay. Charles Levine: And then at that it’s stable. We don’t have to do any further drying and the rate at which we’re processing, we’re emptying one bin. Filling another bin. Emptying that bin and processing it so it never, it’s very rare that it’s sitting there stagnant. Weick: Okay, perfect. With that maybe I’ve given a chance for the commissioners to collect their thoughts and we’ll certainly open it up for questions at this time. Just go ahead and jump in if you have a question. Skistad: My question originally was on odors. Some of the staff mentioned that they did travel to look at the facilities and that that sounds like with only 9 percent moisture in there that really isn’t going to be an issue. Charles Levine: No. The odor portion of the process would come from like CBD production which is very similar to marijuana so that skunky aroma is really prevalent in those types of biomass processes but with the grain it’s really there’s no scent. No odor. No taste really. It’s a very bland product. You can smell that bag. It doesn’t really smell like anything. Skistad: Yeah. Thank you for bringing the samples in. Reeder: Mr. Chairman? Weick: Yes. Reeder: Is there a by product? Is everything you, is there anything left over after you… Charles Levine: Everything is used. Nothing goes to waste. Reeder: So there’s no? Charles Levine: No, in fact there. Reeder: Anything going to the dump. Charles Levine: No, no. In fact if the cake, if we can’t turn all of it into protein powder it’s an incredible source for livestock feed so any excess would be going to feed lots, yeah. Reeder: That’s pretty nice to be able to use it for other things. Chanhassen Planning Commission – July 7, 2020 10 Charles Levine: The only waste from the process is the filter aid which are minerals that we add to the oil to do the filtering and even that has been shown to have re-uses and applications either as like a fertilizer or feed. Reeder: And if you couldn’t find a place for that what would you do with it? Charles Levine: I would haul it to my farm and spread it on my field. As fertilizer. But mostly it’s, everything has an end use. Reeder: I did have a question earlier. Was there any other outside storage that you’ll need? You’re not asking for anything. Charles Levine: No. No not at this time. Just grain bins. Reeder: Okay. Maybe a question for staff. If we did have an odor problem how do we deal with that? Generous: If we discovered an odor problem we would work with the manufacturer to address that either through a filtration system, whatever. That’s where that, what our CUP is talking about. What are their plans for mitigating any odors in there so. And again we don’t anticipate that this processing would create anything that we would need to address. Reeder: It’s got to be better than pickles. Generous: Definitely. Weick: Thank you Commissioner Reeder. Any other questions for our applicant from any other commissioners in the Zoom meeting at this time? Von Oven: Commissioner Von Oven here. If we’re going to cover sight through the height of the silos and odor through the comparison to pickles we should probably cover sound so can you just make some comments on whether or not we would expect any greater noise in the area for the people that are living around? Is it all self contained within the building or is it literally just the sound of trucks coming in and out bringing hemp seed? Charles Levine: Yeah so the loudest piece of equipment would be our air handlers which would sit out by the bins and I provided Bob with noise data sheet from our equipment manufacturer. It’s about 90 decibels. We can enclose that in a little hut basically. Many farms do that. They have air handlers on their farm and they just build a shed around to, it will cut the sound down by half at least. So we can do that. We’ll probably do it anyway for our own peace of mind. Generous: That’s the information I found out too based on what they provided. They meet OSHA requirements but if they can cut it down and…says that I calculated that the noise level at Chanhassen Planning Commission – July 7, 2020 11 the property line should be about 66 decibels which is conversational so. Well right next to the equipment it would be about 85 to 90 decibels. That’s still within the guidelines so. Charles Levine: It’s a loud electric motor. A 75 horsepower motor so it draws some power but again very easily contained. Von Oven: Great, thank you. Weick: Thanks Commissioner Von Oven. Any other questions for our applicant at this time? Thank you everyone and hearing no questions, thank you for obliging us with, teaching us a little bit about your operation and what you’re going to do on the property. I think it’s a neat business so thank you. Charles Levine: Thank you. Weick: And thank you for showing us the samples as well. For those of you that weren’t in the room there’s samples of the cake and the seed and some of the oil final products that are sold. With that we will open the public hearing portion of tonight’s item. I don’t believe we received any email correspondence on this item. Generous: No. Weick: No. Anyone present in the chambers who would like to come forward and make a comment is free to do so at this time. Generous: We didn’t even receive a phone call on this one except for the City of Chaska. Weick: Okay fair enough. Seeing nobody come forward and having nobody on the phone lines, in front of you there Mr. Generous? Okay. I will close the public hearing portion of tonight’s item and open it for commissioner discussion. Comments. Motions. I will open the floor. While you might be collecting your thoughts I guess I will say that again that you know based on that this processing really has no, you know no leftovers to it really. They’re using everything that they can. A great opportunity I think. You know I don’t know a whole lot about the business but it certainly sounds like a strong business plan and certainly a market that is growing. I mean I think it’s nice to have someone using that location. That old location for a new purpose. And you know all the questions were answered. I think we talked about, potentially I was, Commissioner Von Oven I was also thinking when I was talking about like aeration or drying of those outside silos I was thinking like will there have to be motors or noise or things running so it doesn’t sound like that’s going to be an issue for us. So it certainly checks a lot of boxes for me. Other comments from commissioners? Reeder: Mr. Chair I do have one more question which I forgot to ask. Is Minnesota a great place to grow this stuff? I mean do you think you’ll have an ample supply? Chanhassen Planning Commission – July 7, 2020 12 Charles Levine: Absolutely. So little history of hemp. There was the largest hemp processing facility in the world was located in Hutchinson and if you talk to any old timers around here they’ll say oh yeah my dad grew hemp for the war. And you know back then there was, cannabis has a really interesting history but specifically for the war they re-legalized it. Subsidized it heavily and Hutchinson was the largest facility. It was called War Hemp Industries and farmers all across the state grew it and brought their hemp there and to another couple hemp mills in the state but now it’s 3M’s facility in Hutchinson. And so yeah I mean the history of hemp, the Declaration is written on hemp paper. The old 10 dollar bills that showed hemp. Yeah there’s a lot of history and it grows really well. Invite you to my farm. You can see how well it grows so yeah. Oh and one other thing I’d like to mention too. The stalks, that’s what you hear hemp is good for rope but that’s where it comes from is from the stalks and we have anticipations of later down the road to be developing processes for the fiber stalks to turn into batteries, concrete, plastics and composites. You can make batteries that are 20 percent more efficient than with the mien with hemp fiber. So it’s a totally different way of looking at agricultural crops. We can be growing batteries and houses and plastic so. Weick: That’s really cool, thank you. Thank you Commissioner Reeder. Other comments from you? Reeder: I’m done. Weick: Any other discussion for the meeting or I can certainly entertain a motion. Reeder: Mr. Chairman I would move that the Chanhassen Planning Commission recommends the City Council approve the Conditional Use Permit for food processing operation with outdoor storage for six 35 foot silos subject to the conditions of approval and adopts the Findings of Fact and Recommendation. Weick: Thank you Commissioner Reeder. We have a valid motion. Do we have a second? Randall: Second. Weick: We have a second from Commissioner Randall. Before we vote any final comments on the item? Hearing none we’ll go ahead and have a roll call vote. I’ll call your name and indicate either aye or nay. Reeder moved, Randall seconded that the Planning Commission approve the Conditional Use Permit to allow Hemp Acres to process food products from hemp seeds and allow the construction of six 35-foot tall silos based on the plans prepared by Phillip D. Johnson, Architect, dated April 4, 2020, subject to the following conditions: Chanhassen Planning Commission – July 7, 2020 13 Building: 1) A building permit will be required for unit improvements, silo installation, and unit remodeling. Engineering: 1) If an intensification or increase in use or an expansion is requested for the site, a traffic analysis will be required to determine the volume of traffic the new site will generate. 2) Any future intensification of the site usage shall investigate the use of the driveway access to Audubon Road. Natural Resources: 1) The applicant shall work with city staff to finalize a planting plan. 2) The applicant shall incorporate a landscape buffer along the north side of the building, which includes Autumn Blaze maple, Siouxland poplar, Black Hills spruce and Amur maples. 3) The front planting areas shall have wood mulch as a ground cover. 4) All proposed parking lot landscape islands and peninsulas shall comply with City Code. Planning: 1) When the site is redeveloped or the usage intensifies, the existing pickle tanks shall be removed from the property unless they are used as part of the building tenant operation. Water Resources: 1) Updated plans illustrating the total land disturbance activities associated with all site improvements shall be submitted for review and approval by the city. And adoption of the Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Weick: That motion carries unanimously 6-0. And we with that, thank you again to everybody for presentation. Staff as well as the applicant and good questions on behalf of the commissioners. I’m looking forward to seeing that business prosper for Chanhassen. PUBLIC HEARING: CONSIDER A REQUEST FOR A SETBACK VARIANCE AT 7701 FRONTIER TRAIL. Weick: MacKenzie. Chanhassen Planning Commission – July 7, 2020 14 Walters: And just to note this item if appealed would appear on the July 27th City Council meeting. As mentioned this is a variance to construct an open porch with a zero foot lot line setback at 7701 Frontier Trail. So this is located in the oldest part of the city. It’s zoned Residential Single Family. The lot in question is a corner lot. Modern zoning standards would require a 15,000 square foot lot, 30 foot setbacks from both street frontage, 10 foot side yard setbacks for the non-street lot lines and limited to 25 percent lot cover. The parcel in question is just under 10,000 square feet. Has about 16 percent lot cover. It has a non-conforming zero foot front yard setbacks along both the north and the west lot lines. Portion of the home and eaves encroach into the city right-of-way. The detached garage has a non-conforming 4 ½ foot front yard setback but it does appear to meet the other aspects of the city zoning code. So the applicant is proposing to reorient the main entrance of the house which currently exits directly into the right-of-way. They are proposing to shift it south and then construct an 8 by 25 ½ foot open porch to maintain, which would maintain the home’s existing setback along the lot line. The moved reoriented entryway will increase safety. The porch will provide protection from elements and improve the façade of the home. The setback they’re requesting they believe is necessitated by the existing placement of the home on the lot. The porch being further back from the intersection will not in any way negatively impact sight lines. Because it is open style it’s not expected to significantly increase the visual mass of the home. The porch has been designed to be architecturally compatible with the existing structure. Staff looked over the area. We noted that of 6 houses along the two block stretch of Frontier Road 4 have zero foot setbacks. Again this is one of the oldest parts of the city. Stuff was built where it was built. Staff agrees that reorienting the entrance will improve the property. We believe the existing placement of the home justifies the requested setback and is reasonable relief for a non-conforming property. Staff is concerned about allowing the porches eaves to encroach 4 feet into the right-of-way. Several of the neighborhoods throughout the city that also have homes built right up to lot lines where road right-of-ways are much smaller. Much more constricted and staff is concerned about establishing that precedent of allowing encroachments into the public right-of-way. Engineering staff has noted that in the future they will be conducting a street project in this area and they are eager to minimize any encumbrances with the right-of-way. That being said staff is recommending approval of the requested variance with the condition that the porch be redesigned so the eaves do not encroach into the right-of-way. And I’d be happy to take any questions at this time. I know I went through that pretty quick. Weick: Nope that’s probably fine. Thank you MacKenzie. I will open it up for our commissioners. Any questions for MacKenzie regarding this variance? Noyes: Commissioner Noyes here. Is the redesign of the eaves to satisfy the requirements here? Is that easily done or is that kind of a difficult or burdensome change that would need to be made? Chanhassen Planning Commission – July 7, 2020 15 Walters: I would defer that to the applicant. They’d be in a better position to discuss the architectural implications. Staff’s belief is that it is a viable change but again I think they are the best party to address that question. Noyes: Okay thank you. Walters: Yep. Reeder: Mr. Chairman? Weick: Yes sir. Reeder: Is the overhang just on the end of the porch? Show me where it overhangs. Walters: Yep so if you look at this picture right here, the lot line would go. Reeder: We don’t have it. Walters: Oh could we get the power point up please? Reeder: There you go. Walters: If you look at the edge of the house the lot line basically runs parallel with the wall so the overhang is that kind of 4 foot there. Off the edge of the house that would go into the street. The existing house has approximately a 2 foot eave that would run you know there that’s not shown on this drawing. Here’s a good example. Again keep in mind the foundation of the house is basically paralleling the lot line. Reeder: So that’s why I thought it was just the end piece that’s going to have to be redesigned. Walters: That’s the recommendation yes. Reeder: Right. Weick: Thank you Commissioner Reeder. Other questions or a need for clarification of MacKenzie. Okay hearing none thank you MacKenzie. I would invite the applicant if present to come forward. Just state your name and address for the record and tell us about the project and certainly if you can address the eaves question that’d be great. Dan Burke: Sure, that’s the main issue. My name’s Dan Burke. I live at 225 West 77th Street. Lived there for 36 years and this has been my neighbor. I bought my neighbor’s house when he moved. And in the neighborhood, I don’t know if any of you know the house but I’m kind of the hero in the neighborhood at this point for it’s been cleaned up considerably at this point. I get a Chanhassen Planning Commission – July 7, 2020 16 lot of people walking by and giving me thanks for fixing the neighborhood. And the only thing I can say about the overhang is, the existing and if you go back to that one picture of the drawing. Or not of the drawing, of the rendition there. The overhangs on the existing house are about a foot. Not two feet. About a one foot overhang and I would happily reduce the overhang from 4 feet but I’ve requested I make it down to the existing overhangs of the above part because that would allow me to put a kind of a gable end on the end of that porch versus the hip roof design that it has now and that really I think would fit in with the other overhangs and the other lines of the house. And other than that I really, the house was built in 1896. I think it’s the second oldest standing house in the city right now. The oldest one I believe is on West 78th Street and it was built a year earlier. And the third oldest house is about 2 houses down so it’s an old neighborhood and we have a lot of issues with the old houses and I want to maintain it. I don’t want to, I mean my alternative would be to just tear it down and I don’t want to do that so, and having looked at it for the last 36 years I think a porch would genuinely improve the looks of the house on the south side. And moving the entrance will greatly improve just the appeal of the house and the safety of walking out onto the main street of, on Frontier Trail so that’s why if you have any questions I’ll gladly answer them but I would like to have the one foot just to be able to really match the character of the rest of the house and with that. Weick: Great, yes. And I think I echo your neighbors in saying thank you as well. You’re brave. Dan Burke: Oh you don’t know the least of it. This is the least part of it. Weick: I can only imagine. Dan Burke: But I don’t know where you live but so I think you’ve driven by the house once or twice. Weick: I run by there. Dan Burke: Oh okay. Weick: It’s great back in there it’s fun so. Dan Burke: Yeah it’s a great run. It’s a great neighborhood. Weick: Yeah. Dan Burke: And the neighborhood’s changing with all the other houses and there’s so few that are left from the original that it’s nice to have somebody crazy enough to try to save one. Weick: I say brave. Not crazy. Chanhassen Planning Commission – July 7, 2020 17 Dan Burke: …That’s my presentation. I’d just like to have a one foot overhang. Any other questions I’ll be happy to answer. Weick: Yeah and certainly would open it up to our commissioners with any questions for the applicant. Or comments. Von Oven: Yes so, Commissioner Von Oven here. Just I guess a clarification on that last piece. I’m not sure how exactly to do this but you know I’m looking at the staff report and on page 6 of the staff report there’s the rendering that we’ve been using. Dan Burke: Right. Von Oven: The proposed and then the existing. Is what you’re saying in the existing picture the roof line that I’m seeing come out. Dan Burke: What I would call a shed roof line that’s directly to the house, the main roof along the whole thing. I would envision that, that part of it coming to the edge of the house and then at, and then one foot beyond that have a gabled roof like a triangle at the end of that to have a slight overhang over the stairways coming up and so I can, because that’s now the main entrance to the house. Give me a little protection for somebody coming up the steps. The basically triangle gable roof right there right on the very end of that I think would fit in with the architecture of the other dormers and everything else on the house so. That’s what I’m looking at doing is moving that little part that’s going up to the house. Moving that all the way to the end but then the overhang itself only being a one foot overhang which matches the rest of the house so that’s what I’m looking at doing. Weick: Got it. Von Oven: And then as a follow up staff went through their findings. They recommended zero based on a desire not to have any overhang. Did you come back to staff with exactly what you’re proposing or is this, would this be the first time they’re hearing that part of the proposal? Dan Burke: Well yes I did. I came back to them. They were already writing this report and MacKenzie told me that if I came back to the meeting and asked for this same protrusion over the lot line that the staff would support that. Now MacKenzie’s here he can argue with me but that’s what he told me on the phone. Walters: I will absolutely confirm that. The report had already been published at that juncture. We did discuss it with the City Engineer and engineering staff. They agreed that given the existing encroachment, as long as it was kept to existing they were comfortable granting the encroachment agreement so staff would wholeheartedly support the proposal. Von Oven: So that’s helpful, thank you so much. That’s all I have for now. Chanhassen Planning Commission – July 7, 2020 18 Weick: Thanks for that clarification Commissioner Von Oven. Reeder: So Mr. Chairman MacKenzie the overhang on the top of the roof is that a foot too? Is that what we’re saying that we’ll have it the same? Walters: Yes that is my intent. Dan Burke: The overhang on the main roof up above is a foot. So it’s just going to match it. Looks like it had been there. Reeder: I think that’s for staff consideration for the future things that we consider we’re matching existing things that were done, yeah. I’m comfortable with that. Weick: Other questions for our applicant? All very good so far. Okay hearing none thank you very much. Dan Burke: Thank you. Weick: Again we appreciate what you’re doing in the neighborhood. At this time I will open the public hearing portion of this item. Anyone present wishing to come forward and provide comment on this item may do so now. The call in number is on the screen. We’ll keep an eye on the phone and see if we get a caller and we did receive an email. It was in favor MacKenzie I believe of this variance. Walters: I will summarize it while we wait to see if we get any calls. This email is from Paula and Jack Atkins, 220 West 78th Street, Chanhassen. They support the variance request by Dan Burke for the house at 7701. They say he’s made great efforts to improve the quality and attractiveness of the neighborhood’s housing stock. They think the plan upgrades are tasteful and well thought out and they think these small lots and extraordinary setback requirements in this area are a hardship in and of themselves. Weick: Thanks MacKenzie and again that email will be summarized, or included in it’s entirety in the record as this item moves forward. Things are quiet I believe. Mr. Generous there’s no calls so with that and seeing no one come forward I will close the public hearing portion of this item and open it for commissioner discussion and/or a motion. I would just say based on what I’ve heard so far, I think what we would add to the motion is that we would, or a possible motion would read that we would allow the applicant to match the existing overhang. I think there’s, whether it’s a foot or 13 inches or whatever it is. I think in the spirit of this if we so desire the motion could be to match the existing architecture of the overhang with the porch. It sounds like that would be acceptable to city staff as well as the applicant. Chanhassen Planning Commission – July 7, 2020 19 Walters: Staff has directed a sample language where the commission would direct, would approve it subject to conditions of approval as amended. So maybe to direct staff to so amend it. We would alter the variance document and that would be able to go forward. Weick: That’d be even easier. Thank you. But before we jump to that, I don’t want to jump the gun if there’s any other comments or discussions. If not I certainly would accept a motion. Noyes: Commissioner Noyes here. I would propose a motion. The Chanhassen Board of Appeals and Adjustments approve a 40 foot front setback variance for the construction of an open porch subject to the conditions of approval as amended and adopts the attached Findings of Fact and Decisions. Weick: Thank you Commissioner Noyes. We have a valid motion. Do we have a second? Von Oven: Second. Weick: We have a second I believe from Commissioner Von Oven. Von Oven: Correct. Weick: Yes. Wonderful, thank you and with that we will open for any final comment or discussion for the record on the item. Hearing none we will have a roll call vote. Noyes moved, Von Oven seconded that the Chanhassen Board of Appeals and Adjustments approve a 40 foot front setback variance for the construction of an open porch subject to the conditions of approval as amended and adopts the attached Findings of Fact and Decisions. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Weick: I am also in favor which is a unanimous 6-0 decision in favor of the variance. Thank you to everyone involved. City staff as well as the applicant. Good luck. And look forward to seeing your improvements in the neighborhood. Thank you very much. With that we will move to the third and final item on tonight’s agenda. PUBLIC HEARING: CONSIDER AN AMENDMENT TO THE CHAPARRAL PLANNED UNIT DEVELOPMENT (PUD) ORDINANCE TO CORRECT A TYPOGRAPHICAL ERROR. Generous: Planning Commissioners, Planning Case 2020-10 is for an amendment to the Chaparral Planned Unit Development. Tonight’s the public hearing. It goes to City Council on July 27th. The City’s correcting this. We’ve had discussion with a property owner who would like to subdivide their land within part of Chaparral. However when you look at the ordinance we discovered that the intent portion of the ordinance and the permitted uses in the ordinance did not match and so we’re here to correct that. Chaparral subdivision is located east of Powers Chanhassen Planning Commission – July 7, 2020 20 Boulevard, south of Carver Beach, west of Kerber and Nez Perce. It’s a mixed use development. It has single family detached housing, twin homes and fourplexes within the development. It’s zoned planned unit development residential. It’s guided for residential low density and residential medium density in the 2040 Comprehensive Plan. This property started in the 80’s and it was approved for development. At the time they approved planned unit developments through development contracts rather than through zoning ordinances in establishing all the setbacks and height and coverage requirements. In 2012 the City went through the process of amending 43 residential planned unit developments to codify them to incorporate all the design standards that were in there. When we did this we picked up the intent portion which was the first and second phases had 95 and 74 single family homes but when we codified the permitted uses they only put the 74 homes from the 2nd Addition. This amendment will correct that. We’ll make a total of 169 single family homes permitted. Additionally the City approved addendums in 1988 and 1999 to govern the construction of decks and porches within the development. However that was not incorporated in the ordinance and so we want to bring that, put it all in one place so people know exactly what zoning, what the requirements are under their PUD. Those are the two corrections to the ordinance that we’re proposing. It doesn’t change any other intent or purposes. Any lot size. All of that would remain the same. We’ve had numerous calls regarding this ordinance. Once I found out what the correction was they had no issues. There was a question about existing non-conforming structures out there. Decks didn’t comply with those, with the addendum. What would happen. The City would treat those as legal non- conforming and so they would be able to maintain it. We would have all future development would have to comply if anyone wants to put in a new deck but anything that’s there could stay and be maintained including taking it out and replacing it with new material so everything would stay as it is. Again there’s two sections of the ordinance and it’s Permitted Uses B. We strike out the 74 single family homes and replace that with 169. And then we add the deck requirements so that’s what we’re proposing. We’re recommending that the Planning Commission recommend approval of the amendment to the Chaparral Planned Unit Development zoning to correct the internal inconsistencies and adopt the Findings of Fact and Recommendation. With that I’d be happy to answer any questions. Weick: And we’ll go ahead and open it right up to commissioners. Questions for Mr. Generous. Von Oven: I apologize if I’m sort of just repeating what you just said but just to clarify, by correcting this it will be as if the error was never made meaning all rules would stay the same. Anything that’s already happened has happened. Everyone’s good right? Generous: That’s correct. All the rules would be as it was originally approved so. Von Oven: Yeah, thank you. Weick: Great. Chanhassen Planning Commission – July 7, 2020 21 Reeder: Mr. Chairman I have no problem with this as long as the perpetrators of this drastic mistake have been…admonished for that. Weick: We will certainly attempt to do that now that it’s on the record. Any other concerns or comments or questions? Hearing none and with the City as the applicant, we’ve already heard from the applicant correct so we will open up the public hearing portion of this item. Anyone wishing to come forward and comment on this item may do so at this time. We are also displaying the call in number if you are watching from Zoom or from home. I don’t believe we had any email comment on this item, although you did mention we had some phone calls but you summarized that, yeah. I have delayed enough. Seeing no one come forward here in chambers and with nobody calling in on the telephone I will close the public hearing portion of this item and open for commissioner comments and/or a motion. If we could put that motion up. There we go. Skistad: I guess my only question is we didn’t catch anyone, I mean the decks or with how the decks are, we wouldn’t expect anyone to have built a different kind of deck so we should be, you know unless they came in with a variance right? Generous: Right. Skistad: Okay. Weick: Thank you. Any other comments, questions. I would also accept a motion. Von Oven: I’ll make a motion. The Chanhassen Planning Commission recommends City Council approve the amendment to the Chaparral Planned Unit Development-Residential zoning to correct the internal inconsistency and adopts the Findings of Fact and Recommendation. Weick: Thank you we have a valid. Oops what? We have a valid motion from Commissioner Von Oven. Do we have a second? Randall: I’ll second that. Weick: Sorry for jumping the gun there Commissioner Randall. Randall: That’s alright. Weick: We have a motion and a second. Any final comment for the record? And hearing none we will commence a roll call vote. Von Oven moved, Randall seconded that the Chanhassen Planning Commission recommends City Council approve the amendment to the Chaparral Planned Unit Development-Residential zoning to correct the internal inconsistency and adopts the Chanhassen Planning Commission – July 7, 2020 22 Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Weick: This item passes unanimously. Six ayes, zero nays. Thank you Mr. Generous. I’m sure future Planning Commissions will be happy we got this corrected for them. It will solve many problems. That is our final item this evening. APPROVAL OF MINUTES: Commissioner Skistad noted the verbatim and summary Minutes of the Planning Commission meeting dated June 16, 2020 as presented. ADMINISTRATIVE PRESENTATIONS. Weick: Any administrative updates? Generous: We haven’t been sending much to the City Council so I don’t have anything to add. I do have some bad news. There’s no meeting on the next meeting in July and the first meeting in August. We didn’t have any applications. We anticipate a couple for the second meeting in August so, but they still have another week and a half. Walters: July 17 th I believe. Generous: Is for submittals. Weick: Okay. Generous: We’ll let you know. Weick: We will stay on notice. Thank you. Generous: And then if anyone’s going to be gone on the August 18th meeting if they could let us know early so. Weick: Okay. We will do that. So check your calendars. We have a little bit of time but let Kate know if you won’t be able to make August 18th. Any presentations from the commissioners? Comments. Certainly want to give everyone a chance to be heard. With that I would accept a motion for adjournment. Reeder moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at 8:20 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CITY COUNCIL STAFF REPORT Monday, July 27, 2020 Subject Resolution 2020­XX: Recommending Chanhassen Residents and Visitors Wear Masks Section NEW BUSINESS Item No: J.2. Prepared By Heather Johnston, Interim City Manager File No:  PROPOSED MOTION “The City Council adopts a resolution strongly recommending that residents and visitors over the age of 10 years old to the City of Chanhassen wear masks when social distancing is not possible, including when indoors; and Recommends to local businesses not already mandating facial protection to encourage the wearing of masks inside business and refusing services if protocols are not followed.” Approval requires a Simple Majority Vote of members present. SUMMARY In the absence of statewide guidance, this resolution strongly recommends mask wearing in the City of Chanhassen. The City will continue to follow statewide direction issued by the Governor. BACKGROUND Governor Walz issued an Executive Order requiring the use of face coverings indoors. This order preempts the local resolution. RECOMMENDATION Staff recommends adopting a resolution recommending the wearing of masks. ATTACHMENTS: Mask Resolution Governor Walz Executive Order 20­81 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: July 27, 2020 RESOLUTION NO: 2020- MOTION BY: SECONDED BY: RESOLUTION WHEREAS, on March 20, 2020, the city declared a state of emergency due to the COVID-19 health pandemic; and WHEREAS, the wearing of face masks can help reduce the spread of COVID-19 therefore, the Centers for Disease Control (CDC) recommends all people two years of age and older wear a cloth face covering in public and when around people who do not live in their household; and WHEREAS, the Mayo Clinic and Minnesota Department of Health (MDH) have determined that the wearing of face masks, along with other preventative measures, such as frequent hand washing and social distancing, help slow the spread of the disease and has provided guidelines to maximize the effectiveness of masks; and WHEREAS, reduction of the spread of the disease will be important to allow businesses to reopen safely, remain open, and promote economic growth; and WHEREAS, the City of Chanhassen cares about the safety and well-being of our community members and businesses and recognizes that we are all striving together to combat a serious threat to public health. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota, strongly recommends that residents and visitors over the age of 10 years old to the City of Chanhassen wear masks when social distancing is not possible, including when indoors; and Recommends to local businesses not already mandating facial protection to encourage the wearing of masks inside business and refusing services if protocols are not followed. Passed and adopted by the Chanhassen City Council this 27th day of July, 2020. ATTEST: Heather A. Johnston, Interim City Manager Elise Ryan, Mayor YES NO ABSENT Emergency Executive Order 20-81 Requiring Minnesotans to Wear a Face Covering in Certain Settings to Prevent the Spread of COVID-19 I, Tim Walz, Governor of the State of Minnesota, by the authority vested in me by the Constitution and applicable statutes, issue the following Executive Order: The COVID-19 pandemic continues to present an unprecedented and rapidly evolving challenge to our State. Since the World Health Organization characterized the COVID-19 outbreak as a pandemic on March 11, 2020, confirmed cases of COVID-19 in Minnesota have rapidly increased. On March 15, 2020, Minnesota detected the first confirmed cases caused by “community spread”—infections not epidemiologically linked to overseas travel. By March 17, 2020, all fifty states had reported a confirmed case of COVID-19, and on March 21, 2020, the Minnesota Department of Health (“MDH”) announced the first confirmed fatality due to COVID-19 in Minnesota. The President declared a national emergency related to COVID-19 on March 13, 2020. Since then, and for the first time in history, the President has approved major disaster declarations for all fifty states and the District of Columbia. In concert with these federal actions and the actions of states across the nation, Minnesota has taken proactive steps to ensure that we remain ahead of the curve. On March 13, 2020, I issued Executive Order 20-01 and declared a peacetime emergency because this pandemic, an act of nature, endangers the lives of Minnesotans, and local resources were—and continue to be—inadequate to address the threat. After notifying the Legislature, on April 13, 2020, May 13, 2020, June 12, 2020, and July 13, 2020, I issued Executive Orders extending the peacetime emergency declared in Executive Order 20-01. The need to slow the spread of the virus while we ensured that Minnesota had the resources and capacity to address a large outbreak initially required the closure of certain non-critical businesses in our economy. In Executive Order 20-33, seeking to balance public health needs and economic considerations, we began planning to allow more Minnesota workers to safely return to work. We drafted and implemented guidelines and requirements for appropriate social distancing, hygiene, and public health best practices. Executive Order 20-38 expanded exemptions for outdoor recreational activities and facilities, and Executive Orders 20-40, 20-48, 1 20-56, 20-63, and 20-74 allowed for the gradual reopening of certain non-critical businesses that planned for and provided safe workplaces. The experience of other states shows that a COVID-19 surge can occur with little warning and disastrous consequences. Indeed, several states have had to reinstate limitations on businesses, gatherings, and activities as they have faced summer surges in COVID-19 cases. Although Minnesota had experienced a brief period of stable or decreasing numbers in COVID-19 cases, in the past week we have seen our cases begin to increase, with the largest single-day increase in cases in seven weeks reported on July 20, 2020. As such, we must continue to approach our reopening carefully, as the number of cases throughout the United States has increased rapidly in recent weeks. To that end, we know that certain public settings and establishments continue to pose a public health risk. In particular, the opportunities for COVID-19 transmission are elevated in confined indoor spaces, health care and congregate care facilities, settings where people gather and linger or where movement is unpredictable, and places where social distancing measures are not always possible. As we carefully consider and provide opportunities for a variety of businesses and other venues to scale up their operations, safety in these settings is a key priority. According to the Centers for Disease Control and Prevention (“CDC”), face coverings are effective in preventing the transmission of respiratory droplets that may spread COVID-19. Recognizing the utility of face coverings to prevent wearers who are asymptomatic or pre- symptomatic, the Federal Occupational Health and Safety Administration recommends that employers encourage workers to wear face coverings at work. Ideally, face coverings should be worn in combination with other infection control measures, including social distancing, but face coverings are especially important in settings where social distancing is difficult to maintain. As the CDC has explained, face coverings are most effective when they are worn by all individuals in public settings when around others outside of their households because many people infected with COVID-19 do not show symptoms. Consistent with this guidance, Minnesota has strongly recommended widespread use of face coverings since April. An increasing number of states are now mandating face coverings in certain settings to control the spread of COVID-19. As of July 17, 2020, 28 states, Washington D.C., and Puerto Rico have implemented a face covering requirement. With this order, we do the same to protect Minnesota. In Minnesota Statutes 2019, section 12.02, the Minnesota Legislature conferred upon the Governor emergency powers to “(1) ensure that preparations of this state will be adequate to deal with disasters, (2) generally protect the public peace, health, and safety, and (3) preserve the lives and property of the people of the state.” Pursuant to Minnesota Statutes 2019, section 12.21, subdivision 1, the Governor has general authority to control the state’s emergency management as well as carry out the provisions of Minnesota’s Emergency Management Act. Minnesota Statutes 2019, section 12.21, subdivision 3(7), authorizes the Governor to cooperate with federal and state agencies in “matters pertaining to the emergency management of the state and nation.” This includes “the direction or control of . . . the conduct of persons in the state, including entrance or exit from any stricken or threatened public place, occupancy of facilities, and . . . public meetings or gatherings.” Pursuant to subdivision 3 of that same section, the Governor may “make, amend, and rescind the necessary orders and rules to carry out the 2 provisions” of Minnesota Statutes 2019, Chapter 12. When approved by the Executive Council and filed in the Office of the Secretary of State, such orders and rules have the force and effect of law during the peacetime emergency. Any inconsistent rules or ordinances of any agency or political subdivision of the state are suspended during the pendency of the emergency. For these reasons, I order as follows: 1. Paragraph 3 of Executive Order 20-74 is rescinded as of Friday, July 24, 2020 at 11:59 p.m. All other provisions of Executive Order 20-74 remain in effect. 2. Beginning on Friday, July 24, 2020 at 11:59 p.m., Minnesotans must wear a face covering in indoor businesses and indoor public settings, as described in this order and the related industry guidance, available at the Stay Safe Minnesota website (https://staysafe.mn.gov), as well as any other guidance referenced in this order. Workers must also wear face coverings outdoors when it is not possible to maintain social distancing. When leaving home, Minnesotans are strongly encouraged to have a face covering with them at all times to be prepared to comply with the requirements of this Executive Order. 3. Definitions. For purposes of this Executive Order, the following terms are defined as follows: a. A “face covering” must be worn to cover the nose and mouth completely, and can include a paper or disposable face mask, a cloth face mask, a scarf, a bandanna, a neck gaiter, or a religious face covering. Minnesotans are encouraged to refer to CDC guidance on How to Make Cloth Face Coverings, available at https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting- sick/how-to-make-cloth-face-covering.html. Medical-grade masks and respirators are sufficient face coverings, but to preserve adequate supplies, their purchase and use is discouraged for Minnesotans who do not work in a health care setting or in other occupations that require medical-grade protective equipment (e.g., certain construction occupations). Masks that incorporate a valve designed to facilitate easy exhaling, mesh masks, or masks with openings, holes, visible gaps in the design or material, or vents are not sufficient face coverings because they allow exhaled droplets to be released into the air. b. “Business” and “businesses” are broadly defined to include entities that employ or engage workers, including private-sector entities, public-sector entities, non-profit entities, and state, county, and local governments. c. “Worker” and “workers” are broadly defined to include owners, proprietors, employees, contractors, vendors, volunteers, and interns. d. “Social distancing” means individuals keeping at least 6 feet of distance from other individuals who are not members of their household. e. “Household” means a group of individuals who share the same living unit. 3 f. “Living unit” or “living units” are broadly defined to include single family homes; mobile homes; shelters and similar facilities; family foster care homes; individual units of multi-unit dwellings; hotel or motel rooms; dormitory rooms; residential programs licensed under Minnesota Statutes 2019, Chapter 245D; and assigned units or rooms in a hospital, long-term care facility, residential treatment facility, or correctional facility. Additionally, a “living unit” or “living units” includes any other setting used as a residence and shared only with members of the same household. g. “Higher education institution” means all post-secondary institutions, including but not limited to institutions licensed and registered with the Office of Higher Education, with a physical campus in the State. 4. Federal activities. Nothing in this Executive Order will be construed to limit, prohibit, or restrict in any way the operations of the federal government or the movement of federal officials in Minnesota while acting in their official capacity, including federal judicial, legislative, and executive staff and personnel. 5. Legislative proceedings. This Executive Order does not apply to Legislative proceedings and meetings. 6. Judicial Branch. This Executive Order does not apply to the Minnesota Judicial Branch. Requirements for face coverings in judicial branch facilities and at proceedings held by the judicial branch are subject to policies or orders of the Chief Justice. 7. Tribal activities and lands. a. Activities by tribal members within the boundaries of their tribal reservations are exempt from the restrictions in this Executive Order but may be subject to restrictions by tribal authorities. b. Activities within the boundaries of federal land held in trust for one of the 11 Minnesota Tribal Nations are exempt from the restrictions in this Executive Order but may be subject to restrictions by tribal authorities. 8. Exempt individuals. The following individuals are exempt from face covering requirements of this Executive Order: a. Individuals with a medical condition, mental health condition, or disability that makes it unreasonable for the individual to maintain a face covering. This includes, but is not limited to, individuals who have a medical condition that compromises their ability to breathe, and individuals who are unconscious, incapacitated, or otherwise unable to remove a face covering without assistance. These individuals should consider using alternatives to face coverings, including clear face shields, and staying at home as much as possible. 4 b. Children who are five years old and under. Those who are under two-years- old should never wear a face covering due to the risk of suffocation. Those who are at least two are encouraged to wear a face covering if they can do so in compliance with CDC guidance on How to Wear Cloth Face Coverings, available at https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting- sick/how-to-wear-cloth-face-coverings.html (i.e., without frequently touching or removing the covering). c. Individuals at their workplace when wearing a face covering would create a job hazard for the individual or others, as determined by local, state or federal regulators or workplace safety and health standards and guidelines. 9. Situations where face coverings are mandatory. Except for individuals who are exempt under paragraph 8 of this Executive Order, and except for the circumstances described in paragraphs 10 through 12, Minnesotans are required to wear a face covering: a. In an indoor business or public indoor space, including when waiting outdoors to enter an indoor business or public indoor space. i. This requirement does not apply in living units except that (1) workers entering another person’s living unit for a business purpose are required to wear a face covering when doing so; and (2) visitors, patients, residents, or inmates of hospitals, shelters or drop-in centers, long-term care facilities, residential treatment facilities, residential programs licensed under Minnesota Statutes 2019, Chapter 245D, or correctional facilities must wear a face covering even when in a living unit if required by the facility. ii. This requirement also does not apply in a private vehicle that is being used for private purposes. b. When riding on public transportation, in a taxi, in a ride-sharing vehicle, or in a vehicle that is being used for business purposes. c. In any other business, venue, or public space which has opted to require a face covering when it would not otherwise be required by this Executive Order. d. For workers only, when working outdoors in situations where social distancing cannot be maintained. e. When applicable industry guidance, available on the Stay Safe Minnesota website (https://staysafe.mn.gov) specifically requires face coverings. In some instances, face shields may be required in addition to or instead of face coverings or may be allowed as an alternative to face coverings. 5 10. Circumstances where mandatory face coverings may be temporarily removed. Face coverings required under Paragraph 9 of this Executive Order may be temporarily removed under the following circumstances: a. When participating in organized sports in an indoor business or indoor public space while the level of exertion makes it difficult to wear a face covering. b. When exercising in an indoor business or public indoor space such as a gym or fitness center, while the level of exertion makes it difficult to wear a face covering, provided that social distancing is always maintained. c. When testifying, speaking, or performing in an indoor business or public indoor space, in situations or settings such as theaters, news conferences, legal proceedings, governmental meetings subject to the Open Meeting Law (Minnesota Statutes 2019, Chapter 13D), presentations, or lectures, provided that social distancing is always maintained. Face shields should be considered as an alternative in these situations. d. During practices or performances in an indoor business or indoor public space when a face covering cannot be used while playing a musical instrument, provided that social distancing is always maintained. e. During activities, such as swimming or showering, where the face covering will get wet. f. When eating or drinking in an indoor business or indoor public space, provided that at least 6 feet of physical distance is maintained between persons who are not members of the same party. g. When asked to remove a face covering to verify an identity for lawful purposes. h. While communicating with an individual who is deaf or hearing impaired or has a disability, medical condition, or mental health condition that makes communication with that individual while wearing a face covering difficult, provided that social distancing is maintained to the extent possible between persons who are not members of the same household. i. While receiving a service—including a dental examination or procedure, medical examination or procedure, or personal care service—that cannot be performed or would be difficult to perform when the individual receiving the service is wearing a face covering. Workers performing services for an individual who is allowed to temporarily remove their face covering under this provision must comply with face covering requirements in the applicable industry guidance, available at the Stay Safe Minnesota website (https://staysafe.mn.gov). 6 j. When an individual is alone, including when alone in an office, a room, a cubicle with walls that are higher than face level when social distancing is maintained, a vehicle, or the cab of heavy equipment or machinery, or an enclosed work area. In such situations, the individual should still carry a face covering to be prepared for person-to-person interactions and to be used when no longer alone. k. When a public safety worker is actively engaged in a public safety role, including but not limited to law enforcement, firefighters, or emergency medical personnel, in situations where wearing a face covering would seriously interfere in the performance of their public safety responsibilities. 11. Situations where face coverings are strongly encouraged. I strongly encourage Minnesotans to wear face coverings in the following situations: a. During indoor or outdoor private social gatherings (e.g., when visiting at a private home with friends or relatives who do not reside in the same household), particularly in settings where it is difficult or impossible to maintain social distancing. b. When riding in a private vehicle with a person or persons who do not reside in the same household. c. Inside your home, if you are infected with COVID-19 or experiencing COVID-19 symptoms and reside with others who could be infected. d. When participating as an athlete in indoor or outdoor organized sporting events, to the extent possible, where social distancing is not being maintained. e. Except for workers required to wear face coverings under paragraph 9.d, in any outdoor business or public outdoor space when it is not possible to consistently maintain social distancing, such as when entering or exiting a business, being seated, moving around in a space with others present, using the restroom, ordering food, or waiting in line. 12. Child care, preschool, kindergarten through grade 12 schools, and higher education institutions. Child care settings and educational institutions have unique needs that do not always permit universal face coverings when indoors. Child care and schools also require additional flexibility surrounding the use of face shields, which increase visibility of facial expressions and lip movements to aid in speech perception and child development and learning. To provide for an effective developmental and educational environment, and to ensure safety for workers, students, and children, these businesses and institutions must comply with the following specific requirements on the use of face coverings and face shields. These specific requirements and recommendations apply only within the premises of the child care settings, preschool, kindergarten through grade 12 schools, and higher education institutions discussed in this paragraph 12. These specific requirements do not apply when school, child care, or higher education buildings are used for purposes 7 other than child care, preschool, kindergarten through grade 12 education, or higher education—in which case, they should be treated like any other indoor public space or indoor business for purposes of this Executive Order. a. Child care, preschool, and pre-kindergarten. Child care settings—defined as family and group day care homes (licensed under Minnesota Rules 2019, Chapter 9502); child care centers (licensed under Minnesota Rules 2019, Chapter 9503); certified centers (certified under Minnesota Statutes 2019, Chapter 245H); legal nonlicensed child care providers (defined under Minnesota Statutes 2019, section 119B.011, subdivision 16); certain license- exempt Head Start, public and private school programs (defined under Minnesota Statutes 2019, section 245A.03, subdivision 2(a)(5), (13), and (26)); and other Head Start, preschool and pre-kindergarten programs— serving children five-years-old and under are required to comply with face covering and face shield guidance available at https://www.health.state.mn.us/diseases/coronavirus/schools/masks.html. Basic requirements for these settings are detailed below, but child care providers must consult the guidance for the full list of face covering and face shield requirements, recommendations, and exceptions. These requirements, recommendations, and exceptions should be clearly documented in COVID- 19 Preparedness Plans and made available to families and staff. i. Children five and under exempt. Children five years old and under are not required to wear a face shield or face covering, and children under two should never wear a face covering due to the risk of suffocation. A child between the ages of two and five who can reliably wear a face covering or face shield in compliance with CDC guidance on How to Wear Cloth Face Coverings (https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting- sick/how-to-wear-cloth-face-coverings.html) (i.e., without frequently touching or removing the covering) may do so, except that children who are sleeping, unconscious, incapacitated, or otherwise unable to remove a face covering or face shield without assistance or who cannot tolerate a shield or covering due to a developmental, medical, or behavioral health condition should not wear a face covering or face shield. ii. Workers exempt. Workers meeting exemption criteria described in paragraph 8 of this Executive Order should not wear a face covering and should wear a face shield only if able to do so safely. iii. Groupings. To reduce the risk of exposure, child care settings should maintain consistent groups or cohorts of children and related workers and should take steps to avoid intermixing groups or cohorts of children and workers to the extent possible. 8 iv. Communal space. Unless exempt, workers and children must wear a face covering or face shield in all indoor communal areas where groups intermix (e.g., center or building hallways, lobbies, restrooms, breakrooms, etc.). A. Non-exempt workers and children who are required to wear a face covering or shield may remove the covering or shield temporarily to engage in certain activities that make wearing a face shield difficult or impracticable (e.g., when eating or drinking; when communicating with an individual who is deaf or hard of hearing or has a disability, medical condition, or mental health condition that makes communication with that individual while wearing a face covering difficult; when participating in certain physical activities or playing certain instruments, or when performing or presenting; during activities, such as swimming, where the face covering will get wet; or when receiving a service, such as nursing or medical service, that would be difficult or impossible to perform with a face covering), provided that social distancing is maintained to the extent possible. B. Face coverings or face shields are strongly recommended outdoors for non-exempt workers and children when it is difficult or not possible to maintain social distancing. v. Classrooms and in-home care. A child care setting may allow non- exempt staff and workers to remove face coverings or face shields when in an indoor classroom or care setting (including family child care and in-home care providers) that is confined to one group or cohort. Non-exempt workers and children are strongly encouraged to wear coverings or shields in these settings to the extent possible, especially when social distancing cannot be maintained, unless wearing a covering or shield would interfere with child development. vi. Optional exemption for children. If a child care provider cares for children who are five and under, but also cares for children older than five, the business can exempt children older than five from face covering and face shield requirements only if the exemption is clearly communicated in writing with all enrolled families and included in the business’s COVID-19 Preparedness Plan. vii. More protective face covering policies permitted. Nothing in this Executive Order should be construed as preventing a child care setting from developing a face covering policy that imposes more protective requirements, consistent with applicable law, than those in this Executive Order or applicable industry guidance. 9 b. Kindergarten through grade 12 schools. Kindergarten through grade 12 schools must comply with face covering and face shield guidance available at https://www.health.state.mn.us/diseases/coronavirus/schools/k12planguide.pd f. The basic requirements for these settings are detailed below, but these schools must consult the guidance for the full list of face covering and face shield requirements, recommendations, and exceptions. i. In general, unless the individual is exempt under paragraph 8.a or .c of this Executive Order or is under the age of two, all students, staff, and other persons present indoors in school buildings and district offices or riding on school transportation vehicles are required to wear a face covering. This paragraph 12.b does not apply to child care, pre- kindergarten or preschool programs on school premises, which are subject to the requirements of paragraph 12.a. ii. Face shields may be used as an alternative to face coverings in the following situations: A. For students who are unable to tolerate a face covering due to a developmental, behavioral, or medical condition. B. For teachers of all grades when a face covering would impede the educational process. C. For staff providing direct support student services when a face covering would interfere with the services provided. D. For students in kindergarten through grade 8 when wearing a face covering is otherwise problematic for the student. iii. Staff may remove face coverings when working alone, including when alone in an office, classroom, vehicle, cubicle with walls at least face level when social distancing is maintained, or other enclosed work area. iv. In addition, staff, students, and other persons present indoors in a school building or district office may temporarily remove face coverings in the following situations, provided that social distancing is maintained to the extent possible: A. When engaged in physical activity (e.g., during recess or physical education) or sporting events where the level of exertion makes wearing a face covering difficult or impracticable. B. When eating or drinking. 10 C. During practices or performances involving singing, acting, public speaking, or playing musical instruments that make wearing a face covering difficult or impracticable. D. In response to requests to verify an identity for lawful purposes. E. When communicating with an individual who is deaf or hard of hearing or has a disability, medical condition, or mental health condition that makes communication with that individual while wearing a face covering difficult. F. During activities, such as swimming or showering, where the face covering will get wet. G. While receiving a service—including nursing, medical, or personal care services—that cannot be performed or would be difficult to perform when the individual receiving the service is wearing a face covering. Workers performing a service for an individual who is allowed to temporarily remove their face covering under this provision must comply with the face covering requirements in the applicable Industry Guidance, available at the Stay Safe Minnesota website (https://staysafe.mn.gov). v. Except for staff, children, or other persons who are exempt under paragraph 8.a or .c of this Executive Order or are under the age of two, face coverings (or, where applicable, face shields) are strongly recommended outdoors when it is not possible to maintain social distancing or where it will likely not be possible to maintain social distancing. c. Higher education institutions. Students and staff in higher education institutions must comply with the requirements of this Executive Order, except that students and faculty are permitted to wear face shields as an alternative to face coverings in the following situations: i. When faculty are teaching a class or giving a lecture, or when students are participating in classroom activities, where it is important for the face to be seen (for example, certain activities in language or communications classes). ii. Where a face covering may pose a hazard due to the nature of the class or activity (for example, in a laboratory component of a class). iii. When staff or faculty are providing direct support student services and a face covering impedes the service being provided. 11 13. Inclusion of face covering requirements in businesses’ COVID-19 Preparedness Plans. All businesses must update their COVID-19 Preparedness Plans to include the face covering requirements of this Executive Order, including those that have been incorporated into the Industry Guidance applicable to their business available on the Stay Safe Minnesota website (https://staysafe.mn.gov), inform their workers how their plan has been updated, and make the revised plan available to their workers. The Industry Guidance applicable to the business may include face covering requirements that are more protective than those of this Executive Order, consistent with applicable law. 14. Notice of face covering requirements. Businesses must post one or more signs that are visible to all persons—including workers, customers, and visitors—instructing them to wear face coverings as required by this Executive Order. 15. Implementation of face covering requirements by businesses. a. Businesses must require that all persons, including their workers, customers, and visitors, wear face coverings as required by this Executive Order. b. When possible, businesses must provide accommodations to persons, including their workers and customers, who state they have a medical condition, mental health condition, or disability that makes it unreasonable for the person to maintain a face covering, such as permitting use of an alternate form of face covering (e.g., face shield) or providing service options that do not require a customer to enter the business. c. Businesses may not require customers to provide proof of a medical condition mental health condition, or disability, or require customers to explain the nature of their conditions or disability. d. Businesses must follow the requirements of other applicable laws with respect to whether a business may require a worker to provide documentation of a medical condition, mental health condition, or disability related to their inability to wear a face covering and what the business may ask regarding the condition or disability. e. Nothing in this Executive Order requires businesses or their workers to enforce this requirement when it is unsafe to do so, or authorizes them to restrain, assault or physically remove workers or customers who refuse to comply with this Executive Order. f. Nothing in this Executive Order authorizes businesses or their workers to violate other laws, including anti-discrimination laws. 16. More protective policies permitted. Nothing in this Executive Order should be construed to prevent a business from developing a policy that imposes more protective requirements with respect to face coverings, consistent with applicable law, than those in this Executive Order or applicable industry guidance. This Executive 12 Order does not authorize landlords or property managers to require tenants and others to wear face coverings in tenants’ living units. Landlords and property managers must provide a clear means for tenants and others to request a reasonable accommodation to face covering requirements in common areas. 17. Safe work. The protections noted in Executive Order 20-54 (Protecting Workers from Unsafe Working Conditions and Retaliation) remain in full force and effect. Businesses are responsible for the safety and health of their workplaces and must adhere to the requirements set out in the Industry Guidance applicable to the business, available on the Stay Safe Minnesota website (https://staysafe.mn.gov), Minnesota OSHA Standards, and MDH and CDC Guidelines, including the face covering requirements of this Executive Order. Under existing law and authority, DLI may issue citations, civil penalties, or closure orders to places of employment with unsafe or unhealthy conditions, and DLI may penalize businesses that retaliate against employees who raise safety and health concerns. 18. Enhanced local measures permitted. Nothing in this Executive Order or previous Executive Orders should be construed to prohibit or prevent political subdivisions from implementing, within their jurisdictions and pursuant to applicable law and authority, requirements beyond those contained in this Executive Order, as long as the additional requirements have a real or substantial relation to the public health crisis caused by COVID-19. Pursuant to Minnesota Statutes 2019, section 12.32, political subdivisions may not relax or reduce this Executive Order’s requirements. In other words, to the extent that they have authority to do so, cities and other political subdivisions may take actions that are more protective of the public health, consistent with applicable law, but may not take actions that are less protective of the public health. 19. Relationship with other law. Wearing a face covering in compliance with this Executive Order or local ordinances, rules, or orders is not a violation of Minnesota Statutes 2019, section 609.735. 20. Enforcement. I urge all Minnesotans to voluntarily comply with this Executive Order. a. Individual violations. Any individual who willfully violates this Executive Order is guilty of a petty misdemeanor and upon conviction must be punished by a fine not to exceed $100. This does not apply to: (1) children younger than 14 years old; or (2) students 14 years old and older who are enrolled in a school or higher education institution identified in Paragraph 12 of this Executive Order, and who are on the premises of the school or institution for educational purposes. b. Business violations. i. Business compliance with this Executive Order. As provided in paragraphs 13 through 15 of this Executive Order, a business is 13 compliant with this Executive Order if (1) their workers are wearing face coverings as required by this Executive Order; (2) the business has updated their COVID-19 Preparedness Plan to address the face covering requirements of this Executive Order; (3) the business has posted one or more signs that are visible to all persons—including workers, customers, and visitors—instructing them to wear face coverings as required by this Executive Order; and (4) the business makes reasonable efforts to enforce this order with respect to customers and visitors. For additional information about the steps businesses can take to ensure compliance with this order, refer to the face covering guidance and FAQs available at the Facemasks and Personal Protective Equipment webpage (https://www.health.state.mn.us/diseases/coronavirus.html#masks). The guidance and FAQs may also be accessed at the following webpages: https://www.health.state.mn.us/diseases/coronavirus/facecover.html (guidance document) and https://www.health.state.mn.us/diseases/coronavirus/facecoverfaq.html (FAQ document). ii. Penalties for non-compliance. Any business owner, manager, or supervisor who fails to comply with this Executive Order is guilty of a misdemeanor and upon conviction must be punished by a fine not to exceed $1,000, or by imprisonment for not more than 90 days. In addition to these criminal penalties, the Attorney General, as well as city and county attorneys, may seek any civil relief available pursuant to Minnesota Statutes 2019, section 8.31, for violations of this Executive Order, including civil penalties up to $25,000 per occurrence from businesses and injunctive relief. c. Regulatory enforcement. State and local licensing and regulatory entities that regulate businesses for compliance with statutes, rules, and codes to protect the public are encouraged to assess regulated businesses’ compliance with this Executive Order and use existing enforcement tools to bring businesses into compliance. d. Individual rights. Nothing in this Executive Order is intended to encourage or allow law enforcement to transgress individual constitutional rights. Pursuant to Minnesota Statutes 2019, section 4.035, subdivision 2, and section 12.32, this Executive Order is effective immediately upon approval by the Executive Council. It remains in effect until the peacetime emergency declared in Executive Order 20-01 is terminated or until it is rescinded by proper authority. A determination that any provision of this Executive Order is invalid will not affect the enforceability of any other provision of this Executive Order. Rather, the invalid provision will be modified to the extent necessary so that it is enforceable. 14 _____________________________________ _____________________________________ _____________________________________ Signed on July 22, 2020. Tim Walz Governor Filed According to Law: Steve Simon Secretary of State Approved by the Executive Council on July 22, 2020: Alice Roberts-Davis Secretary, Executive Council 15 CITY COUNCIL STAFF REPORT Monday, July 27, 2020 Subject Review of Claims Paid 07­27­2020 Section CORRESPONDENCE DISCUSSION Item No: M.1. Prepared By Greg Sticha, Finance Director File No:  SUMMARY The following claims are submitted for review on July 27, 2020: Check Numbers Amounts 173577 – 173659 $1,529,649.28 ACH Payments $174,936.38 Total All Claims $1,704,585.66 ATTACHMENTS: Check Summary Check Summary ACH Check Detail Check Detail ACH Accounts Payable User: Printed: dwashburn 7/17/2020 2:06 PM Checks by Date - Summary by Check Number Check No Check DateVendor NameVendor No Void Checks Check Amount 4pawsAn 4 Paws Animal Control 07/09/2020 0.00 175.00173577 ALLSTR ALLSTREAM 07/09/2020 0.00 490.84173578 AMETIR AMERICAN TIRE DISTRIBUTORS INC 07/09/2020 0.00 149.65173579 ASPMIL ASPEN MILLS 07/09/2020 0.00 46.50173580 BENPRO BENIEK PROPERTY SERVICES INC 07/09/2020 0.00 165.00173581 UB*01981 BURNET TITLE 07/09/2020 0.00 32.56173582 CENENE CENTERPOINT ENERGY MINNEGASCO 07/09/2020 0.00 403.94173583 EmbMinn CENTURYLINK 07/09/2020 0.00 1,893.64173584 CLACCO CLASS C COMPONENTS INC 07/09/2020 0.00 94.32173585 UB*01976 CUSTOM HOME BUILDERS TITLE 07/09/2020 0.00 41.57173586 UB*01982 EDINA REALTY TITLE 07/09/2020 0.00 43.98173587 EleLea Elevate Learning Consulting, LLC 07/09/2020 0.00 980.00173588 ESOSOL ESO Solutions Inc 07/09/2020 0.00 818.85173589 EXCFIR EXCELSIOR FIRE DISTRICT 07/09/2020 0.00 9,150.00173590 FarnBet Beth Farnum 07/09/2020 0.00 120.00173591 UB*01984 JESSICA & ANDREW GISCH 07/09/2020 0.00 84.30173592 UB*01979 GLOBAL CLOSING TITLE 07/09/2020 0.00 24.31173593 GOOBRA GOODYEAR BRAD RAGAN TIRE 07/09/2020 0.00 258.00173594 UB*01986 PHILIP & KARA GRAHAM 07/09/2020 0.00 90.34173595 HERLAN HERMAN'S LANDSCAPE SUPPLIES INC 07/09/2020 0.00 204.00173596 KENGRA KENNEDY & GRAVEN, CHARTERED 07/09/2020 0.00 4,547.71173597 UB*01989 PETER & VICTORIA KEOGAN 07/09/2020 0.00 24.27173598 LANEQ1 Lano Equipment 07/09/2020 0.00 175.69173599 MadPat Michelle & Patrick Mader 07/09/2020 0.00 250.00173600 UB*01987 KAL YAN MAVULETI 07/09/2020 0.00 26.18173601 MCDCON MCDONALD CONSTRUCTION 07/09/2020 0.00 3,000.00173602 METCO2 METROPOLITAN COUNCIL 07/09/2020 0.00 172,654.49173603 MILWIN Milbank Winwater Works 07/09/2020 0.00 5,107.70173604 UB*01975 MINNETONKA TITLE 07/09/2020 0.00 45.33173605 MinuPre Minuteman Press 07/09/2020 0.00 56.00173606 MNTRAN MN DEPT OF TRANSPORTATION 07/09/2020 0.00 1,078.44173607 MolMai Molly Maid of Chanhassen 07/09/2020 0.00 2,900.00173608 PICPER PICTURE PERFECT HOMES INC 07/09/2020 0.00 250.00173609 PINKRYAN Ryan Pinkalla 07/09/2020 0.00 39.77173610 PyrDis Pyrotechnic Display, Inc.07/09/2020 0.00 23,000.00173611 QUAFIR Quality First Janitorial & Maintenance Inc 07/09/2020 0.00 500.00173612 RMBENV RMB Environmental Laboratories Inc 07/09/2020 0.00 104.00173613 SCONEL SCOTT NELSON COACHING INC 07/09/2020 0.00 375.00173614 SHOTRU SHOREWOOD TRUE VALUE 07/09/2020 0.00 57.92173615 SIGNSO SIGNSOURCE 07/09/2020 0.00 917.50173616 SOFHOU SOFTWARE HOUSE INTERNATIONAL 07/09/2020 0.00 392.35173617 STECJEAN JEAN STECKLING 07/09/2020 0.00 4.58173618 UB*01980 TRADEMARK TITLE 07/09/2020 0.00 36.03173619 UB*01985 TRADEMARK TITLE 07/09/2020 0.00 57.69173620 UB*01988 TRADEMARK TITLE SERVICES 07/09/2020 0.00 24.98173621 UB*01990 TRADEMARK TITLE SERVICES 07/09/2020 0.00 6.17173622 UB*01974 GEORGE & JACQUELYN TYSON 07/09/2020 0.00 77.88173623 Page 1AP Checks by Date - Summary by Check Number (7/17/2020 2:06 PM) Check No Check DateVendor NameVendor No Void Checks Check Amount VALRIC VALLEY-RICH CO INC 07/09/2020 0.00 4,534.00173624 UB*01977 WATERMARK TITLE AGENCY 07/09/2020 0.00 32.68173625 UB*01978 WATERMARK TITLE AGENCY 07/09/2020 0.00 20.54173626 UB*01983 WATERMARK TITLE AGENCY 07/09/2020 0.00 15.64173627 Wichter Wichtermans 07/09/2020 0.00 571.51173628 WunMal Wunderlich-Malec 07/09/2020 0.00 1,500.00173629 APAGRO APACHE GROUP 07/16/2020 0.00 998.71173630 AQUPRO AQUA PRO LAWN SPRINKLER SYSTEMS INC07/16/2020 0.00 30.09173631 ASPMIL ASPEN MILLS 07/16/2020 0.00 258.20173632 AyyVas Vasanth Ayyalu 07/16/2020 0.00 100.00173633 BCATRA BCA 07/16/2020 0.00 120.00173634 BERCOF BERRY COFFEE COMPANY 07/16/2020 0.00 65.38173635 CENENE CENTERPOINT ENERGY MINNEGASCO 07/16/2020 0.00 316.09173636 CenLin CenturyLink 07/16/2020 0.00 64.00173637 UB*01991 HANNAH CROMETT 07/16/2020 0.00 82.21173638 DarKel Kelly Darcourt 07/16/2020 0.00 93.75173639 DELTOO DELEGARD TOOL COMPANY 07/16/2020 0.00 242.83173640 FACMOT FACTORY MOTOR PARTS COMPANY 07/16/2020 0.00 193.56173641 ferwat Ferguson Waterworks #2518 07/16/2020 0.00 9,495.00173642 FreSol Solveig Fredrickson 07/16/2020 0.00 100.00173643 FURLTHOM THOMAS FURLONG 07/16/2020 0.00 93.75173644 HeaPar HealthPartners, Inc.07/16/2020 0.00 70,252.44173645 HERLAN HERMAN'S LANDSCAPE SUPPLIES INC 07/16/2020 0.00 73.50173646 HIDFEN HIDDEN FENCE OF MINNESOTA 07/16/2020 0.00 125.00173647 JAGCOM Jaguar Communications Inc 07/16/2020 0.00 53.60173648 LawPro Lawson Products, Inc.07/16/2020 0.00 216.57173649 LEAMIN LEAGUE OF MINNESOTA CITIES 07/16/2020 0.00 133.32173650 NelJoh John Nelson 07/16/2020 0.00 125.00173651 NOVSOL NOVEL SOLAR THREE, LLC 07/16/2020 0.00 48,207.49173652 RowLan Rowe Landscape Services, Inc 07/16/2020 0.00 425.00173653 SMHEN SM HENTGES & SONS 07/16/2020 0.00 1,154,173.62173654 SOUSUB Southwest Suburban Publishing 07/16/2020 0.00 998.76173655 TOWNCOUN Town and Country Trailer Sales 07/16/2020 0.00 73.23173656 WastMana Waste Management of Minnesota, Inc 07/16/2020 0.00 1,184.43173657 WILNUR WILSON'S NURSERY INC 07/16/2020 0.00 3,602.90173658 WINGRICH RICHARD WING 07/16/2020 0.00 100.00173659 Report Total (83 checks): 1,529,649.28 0.00 Page 2AP Checks by Date - Summary by Check Number (7/17/2020 2:06 PM) Accounts Payable Checks by Date - Summary by Check User: dwashburn Printed: 7/17/2020 2:08 PM Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH 3DSPE 3D SPECIALTIES 07/09/2020 0.00 532.27 ACH AMEENG AMERICAN ENGINEERING TESTING 07/09/2020 0.00 5,708.00 ACH CCPNIM CCP NI MASTER TENANT 4 LLC 07/09/2020 0.00 7,757.33 ACH CRYINF Crystal Infosystems LLC 07/09/2020 0.00 104.00 ACH engwat Engel Water Testing Inc 07/09/2020 0.00 500.00 ACH HAWCHE HAWKINS CHEMICAL 07/09/2020 0.00 1,683.68 ACH HenPro Henning Professional Services, Inc 07/09/2020 0.00 2,038.85 ACH INDLAN Indoor Landscapes Inc 07/09/2020 0.00 187.00 ACH InnOff Innovative Office Solutions LLC 07/09/2020 0.00 277.92 ACH KATFUE KATH FUEL OIL SERVICE 07/09/2020 0.00 2,131.62 ACH MacEme Macqueen Emergengy Group 07/09/2020 0.00 1,335.00 ACH MERACE MERLINS ACE HARDWARE 07/09/2020 0.00 1,365.30 ACH MINNOCC MINNESOTA OCCUPATIONAL HEALTH 07/09/2020 0.00 288.00 ACH MVEC MN VALLEY ELECTRIC COOP 07/09/2020 0.00 5,996.87 ACH NAPA NAPA AUTO & TRUCK PARTS 07/09/2020 0.00 15.96 ACH PotMN Potentia MN Solar 07/09/2020 0.00 9,806.76 ACH VERIZO VERIZON WIRELESS 07/09/2020 0.00 4,049.58 ACH WMMUE WM MUELLER & SONS INC 07/09/2020 0.00 1,608.72 ACH AppEco Applied Ecological Services Inc 07/16/2020 0.00 1,204.00 ACH BATPLU BATTERIES PLUS 07/16/2020 0.00 129.70 ACH BENEXT BENEFIT EXTRAS INC 07/16/2020 0.00 230.44 ACH BOYTRU Boyer Ford Trucks 07/16/2020 0.00 3,839.63 ACH COLELE Collins Electrical Construction Co 07/16/2020 0.00 743.75 ACH GSDIR GS DIRECT INC 07/16/2020 0.00 208.50 ACH HLBTAU REDPATH AND COMPANY, LTD 07/16/2020 0.00 32,000.00 ACH KIMHOR KIMLEY HORN AND ASSOCIATES INC 07/16/2020 0.00 4,460.00 ACH ManOil Mansfield Oil Company 07/16/2020 0.00 17,053.06 ACH Marco Marco Inc 07/16/2020 0.00 1,112.54 ACH METCO Metropolitan Council, Env Svcs 07/16/2020 0.00 4,920.30 ACH MNLABO MN DEPT OF LABOR AND INDUSTRY 07/16/2020 0.00 3,964.36 ACH MVEC MN VALLEY ELECTRIC COOP 07/16/2020 0.00 112.45 ACH NAPA NAPA AUTO & TRUCK PARTS 07/16/2020 0.00 116.76 ACH RBMSER RBM SERVICES INC 07/16/2020 0.00 7,054.47 ACH SPRPCS SPRINT PCS 07/16/2020 0.00 103.44 ACH TWIWES TWIN CITIES & WESTERN RR CO 07/16/2020 0.00 688.74 ACH UNIWAY UNITED WAY 07/16/2020 0.00 30.40 ACH XCEL XCEL ENERGY INC 07/16/2020 0.00 2,533.02 ACH ZIEGLE ZIEGLER INC 07/16/2020 0.00 49,043.96 Report Total: 0.00 174,936.38 Page 1 of 1 Accounts Payable Check Detail-Checks User: dwashburn Printed: 07/17/2020 - 2:15 PM Name Check Da Account Description Amount 4 Paws Animal Control 07/09/2020 101-1260-4300 June Animal Control 175.00 4 Paws Animal Control 175.00 ALLSTREAM 07/09/2020 101-1160-4300 Mitel Phone System Maintenance 490.84 ALLSTREAM 490.84 AMERICAN TIRE DISTRIBUTORS INC 07/09/2020 101-1320-4120 Supplies 149.65 AMERICAN TIRE DISTRIBUTORS INC 149.65 APACHE GROUP 07/16/2020 101-1370-4150 Supplies 998.71 APACHE GROUP 998.71 AQUA PRO LAWN SPRINKLER SYSTEMS INC 07/16/2020 101-0000-2033 Overpayment 30.09 AQUA PRO LAWN SPRINKLER SYSTEMS INC 30.09 ASPEN MILLS 07/09/2020 101-1220-4240 Clothing 46.50 ASPEN MILLS 07/16/2020 101-1220-4240 Clothing 258.20 ASPEN MILLS 304.70 Ayyalu Vasanth 07/16/2020 720-7204-4901 Waterwise Rebate 100.00 Ayyalu Vasanth 100.00 BCA 07/16/2020 101-1120-4300 Background Investigation 120.00 BCA 120.00 BENIEK PROPERTY SERVICES INC 07/09/2020 101-1550-4300 Lawn Service 165.00 BENIEK PROPERTY SERVICES INC 165.00 BERRY COFFEE COMPANY 07/16/2020 101-1170-4110 Coffee 65.38 BERRY COFFEE COMPANY 65.38 BURNET TITLE 07/09/2020 700-0000-2020 Refund Check 0.25 BURNET TITLE 07/09/2020 700-0000-2020 Refund Check 19.69 BURNET TITLE 07/09/2020 701-0000-2020 Refund Check 12.28 BURNET TITLE 07/09/2020 720-0000-2020 Refund Check 0.34 Accounts Payable - Check Detail-Checks (07/17/2020 - 2:15 PM)Page 1 of 9 Name Check Da Account Description Amount BURNET TITLE 32.56 CENTERPOINT ENERGY MINNEGASCO 07/09/2020 101-1190-4320 Monthly Service 88.60 CENTERPOINT ENERGY MINNEGASCO 07/09/2020 601-0000-3080 Monthly Service 20.00 CENTERPOINT ENERGY MINNEGASCO 07/09/2020 700-7043-4320 Monthly Service 83.99 CENTERPOINT ENERGY MINNEGASCO 07/09/2020 601-0000-3080 Monthly Service 20.00 CENTERPOINT ENERGY MINNEGASCO 07/09/2020 101-1550-4320 Monthly Service 23.88 CENTERPOINT ENERGY MINNEGASCO 07/09/2020 601-0000-3080 Monthly Service 9.00 CENTERPOINT ENERGY MINNEGASCO 07/09/2020 700-7019-4320 Monthly Service 24.36 CENTERPOINT ENERGY MINNEGASCO 07/09/2020 601-0000-3080 Monthly Service 9.00 CENTERPOINT ENERGY MINNEGASCO 07/09/2020 700-0000-4320 Monthly Service 17.06 CENTERPOINT ENERGY MINNEGASCO 07/09/2020 601-0000-3080 Monthly Service 5.00 CENTERPOINT ENERGY MINNEGASCO 07/09/2020 101-1170-4320 Monthly Service 83.05 CENTERPOINT ENERGY MINNEGASCO 07/09/2020 601-0000-3080 Monthly Service 20.00 CENTERPOINT ENERGY MINNEGASCO 07/16/2020 101-1370-4320 Monthly Service 49.05 CENTERPOINT ENERGY MINNEGASCO 07/16/2020 700-0000-4320 Monthly Service 6.13 CENTERPOINT ENERGY MINNEGASCO 07/16/2020 701-0000-4320 Monthly Service 6.13 CENTERPOINT ENERGY MINNEGASCO 07/16/2020 601-0000-3080 Monthly Service 20.00 CENTERPOINT ENERGY MINNEGASCO 07/16/2020 101-1220-4320 Monthly Service 93.39 CENTERPOINT ENERGY MINNEGASCO 07/16/2020 101-1530-4320 Monthly Service 30.94 CENTERPOINT ENERGY MINNEGASCO 07/16/2020 101-1171-4320 Monthly Service 17.06 CENTERPOINT ENERGY MINNEGASCO 07/16/2020 601-0000-3080 Monthly Service 43.00 CENTERPOINT ENERGY MINNEGASCO 07/16/2020 101-1600-4320 Monthly Service 17.06 CENTERPOINT ENERGY MINNEGASCO 07/16/2020 601-0000-3080 Monthly Service 5.00 CENTERPOINT ENERGY MINNEGASCO 07/16/2020 701-0000-4320 Monthly Service 23.33 CENTERPOINT ENERGY MINNEGASCO 07/16/2020 601-0000-3080 Monthly Service 5.00 CENTERPOINT ENERGY MINNEGASCO 720.03 CenturyLink 07/16/2020 700-0000-4310 Monthly Service 32.00 CenturyLink 07/16/2020 701-0000-4310 Monthly Service 32.00 CENTURYLINK 07/09/2020 700-0000-4310 Monthly Service 6.36 CENTURYLINK 07/09/2020 701-0000-4310 Monthly Service 6.36 CENTURYLINK 07/09/2020 101-1550-4310 Monthly Service 30.04 CENTURYLINK 07/09/2020 101-1350-4310 Monthly Service 30.04 CENTURYLINK 07/09/2020 101-1220-4310 Monthly Service 33.04 CENTURYLINK 07/09/2020 101-1370-4310 Monthly Service 50.88 CENTURYLINK 07/09/2020 101-1540-4310 Monthly Service 95.40 CENTURYLINK 07/09/2020 700-0000-4310 Monthly Service 15.13 CENTURYLINK 07/09/2020 700-7019-4310 Monthly Service 210.27 CENTURYLINK 07/09/2020 701-0000-4310 Monthly Service 15.13 CENTURYLINK 07/09/2020 101-1160-4320 Monthly Service 250.00 CENTURYLINK 07/09/2020 101-1190-4310 Monthly Service 127.20 CENTURYLINK 07/09/2020 101-1170-4310 Monthly Service 898.79 CENTURYLINK 07/09/2020 101-1160-4320 Monthly Service 125.00 CENTURYLINK 1,957.64 CLASS C COMPONENTS INC 07/09/2020 212-0000-4150 Hand Sanitizer 94.32 CLASS C COMPONENTS INC 94.32 CROMETT HANNAH 07/16/2020 700-0000-2020 Refund Check 25.08 CROMETT HANNAH 07/16/2020 701-0000-2020 Refund Check 38.47 Accounts Payable - Check Detail-Checks (07/17/2020 - 2:15 PM)Page 2 of 9 Name Check Da Account Description Amount CROMETT HANNAH 07/16/2020 720-0000-2020 Refund Check 15.63 CROMETT HANNAH 07/16/2020 700-0000-2020 Refund Check 3.03 CROMETT HANNAH 82.21 CUSTOM HOME BUILDERS TITLE 07/09/2020 700-0000-2020 Refund Check 41.57 CUSTOM HOME BUILDERS TITLE 41.57 Darcourt Kelly 07/16/2020 101-0000-2021 Picnic Shelter Refund 6.44 Darcourt Kelly 07/16/2020 101-1541-3634 Picnic Shelter Refund 87.31 Darcourt Kelly 93.75 DELEGARD TOOL COMPANY 07/16/2020 101-1370-4260 Equipment 242.83 DELEGARD TOOL COMPANY 242.83 EDINA REALTY TITLE 07/09/2020 700-0000-2020 Refund Check 12.46 EDINA REALTY TITLE 07/09/2020 701-0000-2020 Refund Check 27.06 EDINA REALTY TITLE 07/09/2020 720-0000-2020 Refund Check 3.53 EDINA REALTY TITLE 07/09/2020 700-0000-2020 Refund Check 0.93 EDINA REALTY TITLE 43.98 Elevate Learning Consulting, LLC 07/09/2020 101-1220-4300 Edit and Reimage Standard Operating Guidence 980.00 Elevate Learning Consulting, LLC 980.00 ESO Solutions Inc 07/09/2020 101-1220-4300 License 818.85 ESO Solutions Inc 818.85 EXCELSIOR FIRE DISTRICT 07/09/2020 101-1220-4070 Quarterly Payment for Fire Admin 9,150.00 EXCELSIOR FIRE DISTRICT 9,150.00 FACTORY MOTOR PARTS COMPANY 07/16/2020 101-1170-4120 Parts 193.56 FACTORY MOTOR PARTS COMPANY 193.56 Farnum Beth 07/09/2020 101-1546-3639 Refund - Canoe Rack Rental 111.76 Farnum Beth 07/09/2020 101-0000-2021 Refund - Canoe Rack Rental 8.24 Farnum Beth 120.00 Ferguson Waterworks #2518 07/16/2020 700-0000-4250 Water Meters 9,495.00 Ferguson Waterworks #2518 9,495.00 Fredrickson Solveig 07/16/2020 720-7204-4901 Waterwise Rebate 100.00 Fredrickson Solveig 100.00 FURLONG THOMAS 07/16/2020 101-1541-3634 Rotary Club Picnic Refund 87.31 FURLONG THOMAS 07/16/2020 101-0000-2021 Rotary Club Picnic Refund 6.44 Accounts Payable - Check Detail-Checks (07/17/2020 - 2:15 PM)Page 3 of 9 Name Check Da Account Description Amount FURLONG THOMAS 93.75 GISCH JESSICA & ANDREW 07/09/2020 700-0000-2020 Refund Check 23.63 GISCH JESSICA & ANDREW 07/09/2020 701-0000-2020 Refund Check 39.78 GISCH JESSICA & ANDREW 07/09/2020 720-0000-2020 Refund Check 17.50 GISCH JESSICA & ANDREW 07/09/2020 700-0000-2020 Refund Check 3.39 GISCH JESSICA & ANDREW 84.30 GLOBAL CLOSING TITLE 07/09/2020 700-0000-2020 Refund Check 7.62 GLOBAL CLOSING TITLE 07/09/2020 701-0000-2020 Refund Check 12.73 GLOBAL CLOSING TITLE 07/09/2020 720-0000-2020 Refund Check 3.32 GLOBAL CLOSING TITLE 07/09/2020 700-0000-2020 Refund Check 0.64 GLOBAL CLOSING TITLE 24.31 GOODYEAR BRAD RAGAN TIRE 07/09/2020 101-1220-4140 Tires 258.00 GOODYEAR BRAD RAGAN TIRE 258.00 GRAHAM PHILIP & KARA 07/09/2020 700-0000-2020 Refund Check 41.66 GRAHAM PHILIP & KARA 07/09/2020 701-0000-2020 Refund Check 48.68 GRAHAM PHILIP & KARA 90.34 HealthPartners, Inc.07/16/2020 101-0000-2012 August Family 31,863.42 HealthPartners, Inc.07/16/2020 101-0000-2012 August Family - Cobra 3,164.20 HealthPartners, Inc.07/16/2020 210-0000-2012 August Family 395.53 HealthPartners, Inc.07/16/2020 700-0000-2012 August Family 4,904.54 HealthPartners, Inc.07/16/2020 701-0000-2012 August Family 4,904.54 HealthPartners, Inc.07/16/2020 720-0000-2012 August Family 2,230.77 HealthPartners, Inc.07/16/2020 101-0000-2012 August Single 16,712.27 HealthPartners, Inc.07/16/2020 210-0000-2012 August Single 633.04 HealthPartners, Inc.07/16/2020 700-0000-2012 August Single 2,706.24 HealthPartners, Inc.07/16/2020 701-0000-2012 August Single 1,440.16 HealthPartners, Inc.07/16/2020 720-0000-2012 August Single 1,297.73 HealthPartners, Inc. 70,252.44 HERMAN'S LANDSCAPE SUPPLIES INC 07/09/2020 420-0000-4751 Dirt 204.00 HERMAN'S LANDSCAPE SUPPLIES INC 07/16/2020 700-0000-4510 Landscaping Supplies 73.50 HERMAN'S LANDSCAPE SUPPLIES INC 277.50 HIDDEN FENCE OF MINNESOTA 07/16/2020 700-0000-4550 Service 125.00 HIDDEN FENCE OF MINNESOTA 125.00 Jaguar Communications Inc 07/16/2020 700-7043-4310 Monthly Service 53.60 Jaguar Communications Inc 53.60 KENNEDY & GRAVEN, CHARTERED 07/09/2020 605-6502-4300 CR 101 4,547.71 KENNEDY & GRAVEN, CHARTERED 4,547.71 Accounts Payable - Check Detail-Checks (07/17/2020 - 2:15 PM)Page 4 of 9 Name Check Da Account Description Amount KEOGAN PETER & VICTORIA 07/09/2020 700-0000-2020 Refund Check 4.68 KEOGAN PETER & VICTORIA 07/09/2020 701-0000-2020 Refund Check 10.80 KEOGAN PETER & VICTORIA 07/09/2020 720-0000-2020 Refund Check 7.36 KEOGAN PETER & VICTORIA 07/09/2020 700-0000-2020 Refund Check 1.43 KEOGAN PETER & VICTORIA 24.27 Lano Equipment 07/09/2020 101-1550-4530 Supplies 175.69 Lano Equipment 175.69 Lawson Products, Inc.07/16/2020 101-1370-4260 Parts 216.57 Lawson Products, Inc. 216.57 LEAGUE OF MINNESOTA CITIES 07/16/2020 101-1160-4220 Adobe Acrobate Licenses 133.32 LEAGUE OF MINNESOTA CITIES 133.32 Mader Michelle & Patrick 07/09/2020 815-8202-2024 6450 Oriole Ave 250.00 Mader Michelle & Patrick 250.00 MAVULETI KAL YAN 07/09/2020 700-0000-2020 Refund Check 0.88 MAVULETI KAL YAN 07/09/2020 700-0000-2020 Refund Check 8.58 MAVULETI KAL YAN 07/09/2020 701-0000-2020 Refund Check 13.60 MAVULETI KAL YAN 07/09/2020 720-0000-2020 Refund Check 3.12 MAVULETI KAL YAN 26.18 MCDONALD CONSTRUCTION 07/09/2020 815-8201-2024 1620 Anthem Place 750.00 MCDONALD CONSTRUCTION 07/09/2020 815-8201-2024 1631 Anthem Place 750.00 MCDONALD CONSTRUCTION 07/09/2020 815-8201-2024 1661 Anthem Place 750.00 MCDONALD CONSTRUCTION 07/09/2020 815-8201-2024 1641 Anthem Place 750.00 MCDONALD CONSTRUCTION 3,000.00 METROPOLITAN COUNCIL 07/09/2020 701-0000-4509 Waste Water Services 172,654.49 METROPOLITAN COUNCIL 172,654.49 Milbank Winwater Works 07/09/2020 700-0000-4250 Parts 5,107.70 Milbank Winwater Works 5,107.70 MINNETONKA TITLE 07/09/2020 700-0000-2020 Refund Check 11.47 MINNETONKA TITLE 07/09/2020 701-0000-2020 Refund Check 19.92 MINNETONKA TITLE 07/09/2020 720-0000-2020 Refund Check 11.68 MINNETONKA TITLE 07/09/2020 700-0000-2020 Refund Check 2.26 MINNETONKA TITLE 45.33 Minuteman Press 07/09/2020 101-1170-4110 Business Cards 56.00 Minuteman Press 56.00 MN DEPT OF TRANSPORTATION 07/09/2020 101-1310-4300 Inspections 1,078.44 Accounts Payable - Check Detail-Checks (07/17/2020 - 2:15 PM)Page 5 of 9 Name Check Da Account Description Amount MN DEPT OF TRANSPORTATION 1,078.44 Molly Maid of Chanhassen 07/09/2020 212-0000-4300 Lake Ann Cleaning 2,200.00 Molly Maid of Chanhassen 07/09/2020 212-0000-4300 Lake Ann 700.00 Molly Maid of Chanhassen 2,900.00 Nelson John 07/16/2020 101-1541-3634 Excelsior Men's Garden Club Picnic Refund 116.41 Nelson John 07/16/2020 101-0000-2021 Excelsior Men's Garden Club Picnic Refund 8.59 Nelson John 125.00 NOVEL SOLAR THREE, LLC 07/16/2020 101-1350-4320 Monthly Service 2,365.60 NOVEL SOLAR THREE, LLC 07/16/2020 700-0000-4320 Monthly Service 3,335.06 NOVEL SOLAR THREE, LLC 07/16/2020 701-0000-4320 Monthly Service 3,469.02 NOVEL SOLAR THREE, LLC 07/16/2020 101-1350-4320 Monthly Service 2,365.60 NOVEL SOLAR THREE, LLC 07/16/2020 700-0000-4320 Monthly Service 3,335.06 NOVEL SOLAR THREE, LLC 07/16/2020 701-0000-4320 Monthly Service 3,469.02 NOVEL SOLAR THREE, LLC 07/16/2020 101-1350-4320 Monthly Service 133.59 NOVEL SOLAR THREE, LLC 07/16/2020 700-0000-4320 Monthly Service 5,421.91 NOVEL SOLAR THREE, LLC 07/16/2020 701-0000-4320 Monthly Service 2,873.45 NOVEL SOLAR THREE, LLC 07/16/2020 101-1350-4320 Monthly Service 178.02 NOVEL SOLAR THREE, LLC 07/16/2020 700-0000-4320 Monthly Service 7,224.62 NOVEL SOLAR THREE, LLC 07/16/2020 701-0000-4320 Monthly Service 3,828.81 NOVEL SOLAR THREE, LLC 07/16/2020 101-1350-4320 Monthly Service 161.78 NOVEL SOLAR THREE, LLC 07/16/2020 700-0000-4320 Monthly Service 6,566.11 NOVEL SOLAR THREE, LLC 07/16/2020 701-0000-4320 Monthly Service 3,479.84 NOVEL SOLAR THREE, LLC 48,207.49 PICTURE PERFECT HOMES INC 07/09/2020 815-8202-2024 627 Hummingbird Road 250.00 PICTURE PERFECT HOMES INC 250.00 Pinkalla Ryan 07/09/2020 720-0000-4120 Battery For Kayak Sonar 39.77 Pinkalla Ryan 39.77 Pyrotechnic Display, Inc.07/09/2020 101-1613-4300 Fireworks Display 23,000.00 Pyrotechnic Display, Inc. 23,000.00 Quality First Janitorial & Maintenance Inc 07/09/2020 212-0000-4350 Cleaners 100.00 Quality First Janitorial & Maintenance Inc 07/09/2020 101-1370-4350 Cleaners 320.00 Quality First Janitorial & Maintenance Inc 07/09/2020 700-0000-4350 Cleaners 40.00 Quality First Janitorial & Maintenance Inc 07/09/2020 701-0000-4350 Cleaners 40.00 Quality First Janitorial & Maintenance Inc 500.00 RMB Environmental Laboratories Inc 07/09/2020 720-0000-4300 Testing 104.00 RMB Environmental Laboratories Inc 104.00 Rowe Landscape Services, Inc 07/16/2020 701-0000-4553 Irrigation Repair 425.00 Accounts Payable - Check Detail-Checks (07/17/2020 - 2:15 PM)Page 6 of 9 Name Check Da Account Description Amount Rowe Landscape Services, Inc 425.00 SCOTT NELSON COACHING INC 07/09/2020 101-1220-4370 Leadership Team Coaching 375.00 SCOTT NELSON COACHING INC 375.00 SHOREWOOD TRUE VALUE 07/09/2020 101-1170-4510 Parts 37.95 SHOREWOOD TRUE VALUE 07/09/2020 101-1170-4260 Tool 5.99 SHOREWOOD TRUE VALUE 07/09/2020 101-1170-4510 Materials 13.98 SHOREWOOD TRUE VALUE 57.92 SIGNSOURCE 07/09/2020 212-0000-4110 Decals 917.50 SIGNSOURCE 917.50 SM HENTGES & SONS 07/16/2020 605-6503-4751 CSAH 101 Improvement Project 263,599.80 SM HENTGES & SONS 07/16/2020 605-6502-4751 CSAH 101 Improvement Project 890,573.82 SM HENTGES & SONS 1,154,173.62 SOFTWARE HOUSE INTERNATIONAL 07/09/2020 400-4126-4703 Bluebeam Revu Std 392.35 SOFTWARE HOUSE INTERNATIONAL 392.35 Southwest Suburban Publishing 07/16/2020 101-1110-4340 Advertising 241.05 Southwest Suburban Publishing 07/16/2020 101-1310-4340 Advertising 376.86 Southwest Suburban Publishing 07/16/2020 101-1410-4340 Advertising 112.05 Southwest Suburban Publishing 07/16/2020 101-1613-4340 Advertising 268.80 Southwest Suburban Publishing 998.76 STECKLING JEAN 07/09/2020 212-0000-4350 Cleaning Supplies 4.58 STECKLING JEAN 4.58 Town and Country Trailer Sales 07/16/2020 101-1550-4120 Equipment 73.23 Town and Country Trailer Sales 73.23 TRADEMARK TITLE 07/09/2020 700-0000-2020 Refund Check 9.89 TRADEMARK TITLE 07/09/2020 701-0000-2020 Refund Check 19.81 TRADEMARK TITLE 07/09/2020 720-0000-2020 Refund Check 5.30 TRADEMARK TITLE 07/09/2020 700-0000-2020 Refund Check 1.03 TRADEMARK TITLE 07/09/2020 700-0000-2020 Refund Check 17.75 TRADEMARK TITLE 07/09/2020 701-0000-2020 Refund Check 28.02 TRADEMARK TITLE 07/09/2020 720-0000-2020 Refund Check 9.98 TRADEMARK TITLE 07/09/2020 700-0000-2020 Refund Check 1.94 TRADEMARK TITLE 93.72 TRADEMARK TITLE SERVICES 07/09/2020 700-0000-2020 Refund Check 8.57 TRADEMARK TITLE SERVICES 07/09/2020 701-0000-2020 Refund Check 12.98 TRADEMARK TITLE SERVICES 07/09/2020 720-0000-2020 Refund Check 2.87 TRADEMARK TITLE SERVICES 07/09/2020 700-0000-2020 Refund Check 0.56 TRADEMARK TITLE SERVICES 07/09/2020 700-0000-2020 Refund Check 2.24 Accounts Payable - Check Detail-Checks (07/17/2020 - 2:15 PM)Page 7 of 9 Name Check Da Account Description Amount TRADEMARK TITLE SERVICES 07/09/2020 701-0000-2020 Refund Check 2.85 TRADEMARK TITLE SERVICES 07/09/2020 720-0000-2020 Refund Check 0.90 TRADEMARK TITLE SERVICES 07/09/2020 700-0000-2020 Refund Check 0.18 TRADEMARK TITLE SERVICES 31.15 TYSON GEORGE & JACQUELYN 07/09/2020 720-0000-2020 Refund Check 17.04 TYSON GEORGE & JACQUELYN 07/09/2020 700-0000-2020 Refund Check 3.30 TYSON GEORGE & JACQUELYN 07/09/2020 701-0000-2020 Refund Check 36.07 TYSON GEORGE & JACQUELYN 07/09/2020 700-0000-2020 Refund Check 21.47 TYSON GEORGE & JACQUELYN 77.88 VALLEY-RICH CO INC 07/09/2020 700-0000-4552 Service 4,534.00 VALLEY-RICH CO INC 4,534.00 Waste Management of Minnesota, Inc 07/16/2020 101-1190-4350 Monthly Service 240.59 Waste Management of Minnesota, Inc 07/16/2020 101-1170-4350 Monthly Service 205.66 Waste Management of Minnesota, Inc 07/16/2020 101-1220-4350 Monthly Service 77.97 Waste Management of Minnesota, Inc 07/16/2020 101-1220-4350 Monthly Service 30.38 Waste Management of Minnesota, Inc 07/16/2020 101-1550-4350 Monthly Service 477.99 Waste Management of Minnesota, Inc 07/16/2020 101-1370-4350 Monthly Service 121.48 Waste Management of Minnesota, Inc 07/16/2020 700-0000-4350 Monthly Service 15.18 Waste Management of Minnesota, Inc 07/16/2020 701-0000-4350 Monthly Service 15.18 Waste Management of Minnesota, Inc 1,184.43 WATERMARK TITLE AGENCY 07/09/2020 701-0000-2020 Refund Check 17.59 WATERMARK TITLE AGENCY 07/09/2020 720-0000-2020 Refund Check 3.61 WATERMARK TITLE AGENCY 07/09/2020 700-0000-2020 Refund Check 0.70 WATERMARK TITLE AGENCY 07/09/2020 700-0000-2020 Refund Check 10.78 WATERMARK TITLE AGENCY 07/09/2020 700-0000-2020 Refund Check 2.69 WATERMARK TITLE AGENCY 07/09/2020 701-0000-2020 Refund Check 9.29 WATERMARK TITLE AGENCY 07/09/2020 720-0000-2020 Refund Check 7.17 WATERMARK TITLE AGENCY 07/09/2020 700-0000-2020 Refund Check 1.39 WATERMARK TITLE AGENCY 07/09/2020 700-0000-2020 Refund Check 8.86 WATERMARK TITLE AGENCY 07/09/2020 701-0000-2020 Refund Check 2.22 WATERMARK TITLE AGENCY 07/09/2020 720-0000-2020 Refund Check 3.82 WATERMARK TITLE AGENCY 07/09/2020 700-0000-2020 Refund Check 0.74 WATERMARK TITLE AGENCY 68.86 Wichtermans 07/09/2020 101-1320-4140 Service Work 571.51 Wichtermans 571.51 WILSON'S NURSERY INC 07/16/2020 720-7202-4300 Hwy 101 Tree Planting - Rotary 3,602.90 WILSON'S NURSERY INC 3,602.90 WING RICHARD 07/16/2020 101-1220-4350 Station 2 100.00 WING RICHARD 100.00 Wunderlich-Malec 07/09/2020 701-0000-4530 Professional Services 1,500.00 Accounts Payable - Check Detail-Checks (07/17/2020 - 2:15 PM)Page 8 of 9 Name Check Da Account Description Amount Wunderlich-Malec 1,500.00 1,529,649.28 Accounts Payable - Check Detail-Checks (07/17/2020 - 2:15 PM)Page 9 of 9 Accounts Payable Check Detail-ACH User: dwashburn Printed: 07/17/2020 - 2:15 PM Name Check Date Account Description Amount 3D SPECIALTIES 07/09/2020 101-1320-4560 Parts 532.27 3D SPECIALTIES 532.27 AMERICAN ENGINEERING TESTING 07/09/2020 605-6502-4300 CSAH 101 5,708.00 AMERICAN ENGINEERING TESTING 5,708.00 Applied Ecological Services Inc 07/16/2020 720-7202-4300 The Preserve Prairie Management 1,204.00 Applied Ecological Services Inc 1,204.00 BATTERIES PLUS 07/16/2020 700-7043-4120 Batteries 129.70 BATTERIES PLUS 129.70 BENEFIT EXTRAS INC 07/16/2020 101-1120-4300 Monthly Service 36.34 BENEFIT EXTRAS INC 07/16/2020 101-0000-2012 Monthly Service 69.10 BENEFIT EXTRAS INC 07/16/2020 212-0000-4300 Monthly Service 125.00 BENEFIT EXTRAS INC 230.44 Boyer Ford Trucks 07/16/2020 101-1320-4140 Parts 102.26 Boyer Ford Trucks 07/16/2020 101-1220-4140 Parts 3,625.50 Boyer Ford Trucks 07/16/2020 101-1320-4140 Parts 111.87 Boyer Ford Trucks 3,839.63 CCP NI MASTER TENANT 4 LLC 07/09/2020 101-1220-4320 Monthly Services 130.16 CCP NI MASTER TENANT 4 LLC 07/09/2020 101-1350-4320 Monthly Services 3,398.56 CCP NI MASTER TENANT 4 LLC 07/09/2020 101-1540-4320 Monthly Services 382.22 CCP NI MASTER TENANT 4 LLC 07/09/2020 101-1550-4320 Monthly Services 407.01 CCP NI MASTER TENANT 4 LLC 07/09/2020 101-1600-4320 Monthly Services 31.21 CCP NI MASTER TENANT 4 LLC 07/09/2020 700-0000-4320 Monthly Services 119.61 CCP NI MASTER TENANT 4 LLC 07/09/2020 700-7019-4320 Monthly Services 1,901.18 CCP NI MASTER TENANT 4 LLC 07/09/2020 701-0000-4320 Monthly Services 1,387.38 CCP NI MASTER TENANT 4 LLC 7,757.33 Collins Electrical Construction Co 07/16/2020 101-1370-4510 Professional Services 414.40 Collins Electrical Construction Co 07/16/2020 101-1170-4510 Repair 329.35 Collins Electrical Construction Co 743.75 Crystal Infosystems LLC 07/09/2020 101-1170-4110 Toner - Parks Printer 104.00 Accounts Payable - Check Detail-ACH (07/17/2020 - 2:15 PM)Page 1 of 5 Name Check Date Account Description Amount Crystal Infosystems LLC 104.00 Engel Water Testing Inc 07/09/2020 700-0000-4300 June Water Samples 500.00 Engel Water Testing Inc 500.00 GS DIRECT INC 07/16/2020 101-1170-4110 Office Supplies 208.50 GS DIRECT INC 208.50 HAWKINS CHEMICAL 07/09/2020 700-7043-4160 Chemicals 1,683.68 HAWKINS CHEMICAL 1,683.68 Henning Professional Services, Inc 07/09/2020 605-6502-4300 TH101 Project 2,038.85 Henning Professional Services, Inc 2,038.85 Indoor Landscapes Inc 07/09/2020 101-1170-4300 July Plant Service 187.00 Indoor Landscapes Inc 187.00 Innovative Office Solutions LLC 07/09/2020 101-1170-4110 Office Supplies 150.32 Innovative Office Solutions LLC 07/09/2020 101-1170-4110 Office Supplies 127.60 Innovative Office Solutions LLC 277.92 KATH FUEL OIL SERVICE 07/09/2020 700-0000-4170 Fuel 2,131.62 KATH FUEL OIL SERVICE 2,131.62 KIMLEY HORN AND ASSOCIATES INC 07/16/2020 400-0000-1155 Services through May 31 4,460.00 KIMLEY HORN AND ASSOCIATES INC 4,460.00 Macqueen Emergengy Group 07/09/2020 101-1220-4530 Equipment 516.00 Macqueen Emergengy Group 07/09/2020 101-1220-4530 Equipment 273.00 Macqueen Emergengy Group 07/09/2020 101-1220-4530 Equipment 273.00 Macqueen Emergengy Group 07/09/2020 101-1220-4530 Equipment 273.00 Macqueen Emergengy Group 1,335.00 Mansfield Oil Company 07/16/2020 101-1370-4170 Fuel 7,547.44 Mansfield Oil Company 07/16/2020 101-1370-4170 Fuel 9,505.62 Mansfield Oil Company 17,053.06 Marco Inc 07/16/2020 101-1170-4410 Printer Rental 825.04 Marco Inc 07/16/2020 700-0000-4410 Printer Rental 115.00 Marco Inc 07/16/2020 701-0000-4410 Printer Rental 115.00 Marco Inc 07/16/2020 720-0000-4410 Printer Rental 57.50 Marco Inc 1,112.54 MERLINS ACE HARDWARE 07/09/2020 101-1160-4150 Supplies 7.73 MERLINS ACE HARDWARE 07/09/2020 101-1220-4120 Supplies 89.94 Accounts Payable - Check Detail-ACH (07/17/2020 - 2:15 PM)Page 2 of 5 Name Check Date Account Description Amount MERLINS ACE HARDWARE 07/09/2020 101-1220-4260 Tools 79.99 MERLINS ACE HARDWARE 07/09/2020 101-1220-4290 Supplies 7.58 MERLINS ACE HARDWARE 07/09/2020 101-1320-4120 Supplies 14.00 MERLINS ACE HARDWARE 07/09/2020 101-1320-4150 Supplies 24.28 MERLINS ACE HARDWARE 07/09/2020 101-1370-4510 Supplies 55.76 MERLINS ACE HARDWARE 07/09/2020 101-1530-4130 Supplies 5.39 MERLINS ACE HARDWARE 07/09/2020 101-1530-4510 Supplies 65.38 MERLINS ACE HARDWARE 07/09/2020 101-1550-4120 Supplies 402.59 MERLINS ACE HARDWARE 07/09/2020 101-1550-4130 Supplies 264.00 MERLINS ACE HARDWARE 07/09/2020 101-1550-4410 Supplies -41.34 MERLINS ACE HARDWARE 07/09/2020 101-1550-4510 Supplies 1.24 MERLINS ACE HARDWARE 07/09/2020 700-0000-4150 Supplies 27.48 MERLINS ACE HARDWARE 07/09/2020 700-7019-4150 Supplies 36.36 MERLINS ACE HARDWARE 07/09/2020 700-7043-4120 Supplies 3.99 MERLINS ACE HARDWARE 07/09/2020 700-7043-4150 Supplies 252.33 MERLINS ACE HARDWARE 07/09/2020 700-7043-4510 Supplies 42.45 MERLINS ACE HARDWARE 07/09/2020 700-7043-4530 Supplies -35.09 MERLINS ACE HARDWARE 07/09/2020 701-0000-4150 Supplies 61.24 MERLINS ACE HARDWARE 1,365.30 Metropolitan Council, Env Svcs 07/16/2020 101-1250-3816 Monthly Service -49.70 Metropolitan Council, Env Svcs 07/16/2020 701-0000-2023 Monthly Service 4,970.00 Metropolitan Council, Env Svcs 4,920.30 MINNESOTA OCCUPATIONAL HEALTH 07/09/2020 101-1550-4300 Federal Drug Screen 62.00 MINNESOTA OCCUPATIONAL HEALTH 07/09/2020 700-0000-4300 Federal Drug Screen 62.00 MINNESOTA OCCUPATIONAL HEALTH 07/09/2020 101-1370-4300 Federal Drug Screen 102.00 MINNESOTA OCCUPATIONAL HEALTH 07/09/2020 101-1370-4300 Federal Drug Screen 62.00 MINNESOTA OCCUPATIONAL HEALTH 288.00 MN DEPT OF LABOR AND INDUSTRY 07/16/2020 101-1250-3818 Building Surcharge -80.98 MN DEPT OF LABOR AND INDUSTRY 07/16/2020 101-0000-2022 Building Surcharge 4,045.34 MN DEPT OF LABOR AND INDUSTRY 3,964.36 MN VALLEY ELECTRIC COOP 07/09/2020 101-1350-4320 Monthly Service 158.56 MN VALLEY ELECTRIC COOP 07/09/2020 101-1350-4320 Monthly Service 33.18 MN VALLEY ELECTRIC COOP 07/09/2020 101-1350-4320 Monthly Service 20.91 MN VALLEY ELECTRIC COOP 07/09/2020 101-1350-4320 Monthly Service 83.10 MN VALLEY ELECTRIC COOP 07/09/2020 101-1350-4320 Monthly Service 4,976.19 MN VALLEY ELECTRIC COOP 07/09/2020 101-1600-4320 Monthly Service 31.73 MN VALLEY ELECTRIC COOP 07/09/2020 700-0000-4320 Monthly Service 129.44 MN VALLEY ELECTRIC COOP 07/09/2020 701-0000-4320 Monthly Service 563.76 MN VALLEY ELECTRIC COOP 07/16/2020 101-1350-4320 Monthly Service 112.45 MN VALLEY ELECTRIC COOP 6,109.32 NAPA AUTO & TRUCK PARTS 07/09/2020 101-1550-4120 Supplies 15.96 NAPA AUTO & TRUCK PARTS 07/16/2020 101-1170-4120 Parts 19.22 NAPA AUTO & TRUCK PARTS 07/16/2020 101-1250-4140 Parts 97.54 NAPA AUTO & TRUCK PARTS 132.72 Accounts Payable - Check Detail-ACH (07/17/2020 - 2:15 PM)Page 3 of 5 Name Check Date Account Description Amount Potentia MN Solar 07/09/2020 700-0000-4320 Solar 2,281.38 Potentia MN Solar 07/09/2020 101-1190-4320 Solar 4,248.93 Potentia MN Solar 07/09/2020 101-1170-4320 Solar 3,276.45 Potentia MN Solar 9,806.76 RBM SERVICES INC 07/16/2020 101-1170-4350 Monthly Cleaning Service 1,075.01 RBM SERVICES INC 07/16/2020 212-0000-4350 Monthly Cleaning Service 2,508.36 RBM SERVICES INC 07/16/2020 101-1190-4350 Monthly Cleaning Service 1,041.32 RBM SERVICES INC 07/16/2020 212-0000-4350 Monthly Cleaning Service 2,429.78 RBM SERVICES INC 7,054.47 REDPATH AND COMPANY, LTD 07/16/2020 101-1130-4301 Professional Services 12,200.00 REDPATH AND COMPANY, LTD 07/16/2020 700-0000-4301 Professional Services 7,600.00 REDPATH AND COMPANY, LTD 07/16/2020 701-0000-4301 Professional Services 7,400.00 REDPATH AND COMPANY, LTD 07/16/2020 720-0000-4301 Professional Services 4,800.00 REDPATH AND COMPANY, LTD 32,000.00 SPRINT PCS 07/16/2020 700-0000-4310 Monthly Service 51.72 SPRINT PCS 07/16/2020 701-0000-4310 Monthly Service 51.72 SPRINT PCS 103.44 TWIN CITIES & WESTERN RR CO 07/16/2020 700-0000-4509 Annual Fee 688.74 TWIN CITIES & WESTERN RR CO 688.74 UNITED WAY 07/16/2020 101-0000-2006 PR Batch 00417.07.2020 United Way 30.40 UNITED WAY 30.40 VERIZON WIRELESS 07/09/2020 101-1120-4310 Monthly Service 230.10 VERIZON WIRELESS 07/09/2020 101-1170-4310 Monthly Service 25.15 VERIZON WIRELESS 07/09/2020 101-1260-4310 Monthly Service 35.03 VERIZON WIRELESS 07/09/2020 101-1130-4310 Monthly Service 42.53 VERIZON WIRELESS 07/09/2020 101-1250-4310 Monthly Service 290.11 VERIZON WIRELESS 07/09/2020 101-1310-4310 Monthly Service 234.79 VERIZON WIRELESS 07/09/2020 101-1370-4310 Monthly Service 103.46 VERIZON WIRELESS 07/09/2020 101-1550-4310 Monthly Service 400.50 VERIZON WIRELESS 07/09/2020 101-1520-4310 Monthly Service 42.53 VERIZON WIRELESS 07/09/2020 101-1600-4310 Monthly Service 90.06 VERIZON WIRELESS 07/09/2020 101-1530-4310 Monthly Service 42.53 VERIZON WIRELESS 07/09/2020 700-0000-4310 Monthly Service 611.97 VERIZON WIRELESS 07/09/2020 701-0000-4310 Monthly Service 464.62 VERIZON WIRELESS 07/09/2020 720-0000-4310 Monthly Service 324.08 VERIZON WIRELESS 07/09/2020 101-1160-4310 Monthly Service 95.06 VERIZON WIRELESS 07/09/2020 101-1320-4310 Monthly Service 460.41 VERIZON WIRELESS 07/09/2020 101-1220-4310 Monthly Service 505.18 VERIZON WIRELESS 07/09/2020 101-0000-2033 Monthly Service 11.46 VERIZON WIRELESS 07/09/2020 101-1220-4310 Monthly Service 40.01 VERIZON WIRELESS 4,049.58 WM MUELLER & SONS INC 07/09/2020 701-0000-4553 Materials 1,608.72 Accounts Payable - Check Detail-ACH (07/17/2020 - 2:15 PM)Page 4 of 5 Name Check Date Account Description Amount WM MUELLER & SONS INC 1,608.72 XCEL ENERGY INC 07/16/2020 700-0000-4320 Monthly Service 2,493.02 XCEL ENERGY INC 07/16/2020 601-0000-3080 Monthly Service 40.00 XCEL ENERGY INC 2,533.02 ZIEGLER INC 07/16/2020 700-0000-4150 Return Parts -81.04 ZIEGLER INC 07/16/2020 701-0000-4530 Equipment 49,125.00 ZIEGLER INC 49,043.96 174,936.38 Accounts Payable - Check Detail-ACH (07/17/2020 - 2:15 PM)Page 5 of 5 CITY COUNCIL STAFF REPORT Monday, July 27, 2020 Subject Letter from Landmark Partners, Inc. dated 7­16­2020 Section CORRESPONDENCE DISCUSSION Item No: M.2. Prepared By File No:  ATTACHMENTS: Landmark Partners, Inc. Letter 07­16­2020 July 16, 2020 Ms. Kim Meuwissen Office Manager City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 RE: Chanhassen Town Square Outdoor dining Dear Kim: Please accept this letter as an expression of our appreciation for the cities willingness to work with us during this unique situation. The permit you expedited has allowed Kai Sushi to continue to serve his clientele during the shut down and the limited opening up. Without this it is doubtful how long he could have continued to run his business on take out alone. We have also heard from members of the community who has expressed their enjoyment for having the ability to dine out and outside too. Many of the patrons I spoke with over the past few weeks were just glad to have an option to go out to dinner. The outdoor seating was a real plus for many of them while dining. Without the tent and the City’s willingness to respond quickly we would not be where we are today, with a Tenant that is surviving and patrons who are enjoying a summer dining outside. Please extend our thanks to members of the City Council; the Mayor and city staff that helped facilitate this outdoor dining option. Sincerely, Chanhassen Town Square Joe Antonucci Property Manager Landmark Partners, Inc. Cc: Chanhassen Retail Ltd Partnership (owners) CITY COUNCIL STAFF REPORT Monday, July 27, 2020 Subject June 2020 Revenue/Expenditures Budgets vs. Actual Section CORRESPONDENCE DISCUSSION Item No: M.3. Prepared By Greg Sticha, Finance Director File No:  ATTACHMENTS: Revenue Budget vs. Actual June 2020 Expense Budget vs. Actual June 2020    Account Description Budget Actual $ Uncollected % Uncollected General Property Tax 3010 Current Property Tax 9,181,833.00 4,771,531.57 4,410,301.43 48.03 3002 Allowance for Delinquent Taxes (40,000.00) - (40,000.00) 100.00 3011 Delinquent Property Tax 20,000.00 - 20,000.00 100.00 3090 Other Property Taxes - - - - Total General Property Tax 9,161,833.00$ 4,771,531.57$ 4,390,301.43$ 47.92% Licenses 3203 Dog Kennel 500.00 175.00 325.00 65.00 3206 Massage License 100.00 - 100.00 100.00 3213 Solicitor - 5,600.00 (5,600.00) - 3226 Liquor On/Off Sale 90,000.00 86,830.89 3,169.11 3.52 3284 Rubbish 3,000.00 - 3,000.00 100.00 Total Licenses 93,600.00$ 92,605.89$ 994.11$ 1.06% Permits 3301 Building 520,000.00 259,379.64 260,620.36 50.12 3302 Plan Check 255,000.00 120,503.43 134,496.57 52.74 3305 Heating & A/C 119,300.00 66,077.89 53,222.11 44.61 3306 Plumbing 90,000.00 46,238.12 43,761.88 48.62 3307 Trenching 30,000.00 66,605.58 (36,605.58) (122.02) 3308 Hunting/Shooting 1,400.00 40.00 1,360.00 97.14 3309 Sprinkler 11,000.00 5,703.01 5,296.99 48.15 3311 Sign 5,000.00 1,715.00 3,285.00 65.70 3316 Septic Tank - 836.70 (836.70) - 3320 Stable 300.00 325.00 (25.00) (8.33) 3331 Firework's Application Fee - 200.00 (200.00) - 3390 Misc Permits 3,000.00 2,840.00 160.00 5.33 Total Permits 1,035,000.00$ 570,464.37$ 464,535.63$ 44.88% Fines & Penalties 3401 Traffic & Ordinance Violation 115,000.00 15,317.53 99,682.47 86.68 3402 Vehicle Lockouts 1,000.00 50.00 950.00 95.00 3404 Dog/Cat Impound 500.00 437.40 62.60 12.52 3405 Other Fines & Penalties - - - - Total Fines & Penalties 116,500.00$ 15,804.93$ 100,695.07$ 86.43% Intergovernmental Revenue 3503 School District Reimbursement 55,000.00 - 55,000.00 100.00 3509 Other Shared Taxes 200,000.00 - 200,000.00 100.00 3510 Grants-State 180,000.00 - 180,000.00 100.00 3520 Grants-County - - - - 3530 Grants-Federal - - - - 3533 Other Grants 7,000.00 - 7,000.00 100.00 Total Intergovernmental Revenue 442,000.00$ -$ 442,000.00$ 100.00% General Ledger Revenue Budget vs Actual Period  01 - 06 Fiscal Year 2020 Page 1 of 2    Account Description Budget Actual $ Uncollected % Uncollected General Ledger Revenue Budget vs Actual Period  01 - 06 Fiscal Year 2020 Charges for Current Services 3601 Sale of Documents 800.00 196.95 603.05 75.38 3602 Use & Variance Permits 25,000.00 5,394.00 19,606.00 78.42 3603 Rezoning Fees 2,000.00 250.00 1,750.00 87.50 3604 Assessment Searches - 75.00 (75.00) - 3605 Plat Recording Fees 2,000.00 1,805.30 194.70 9.74 3607 Election Filing Fees - - - - 3613 Misc-General Government 5,000.00 4,925.57 74.43 1.49 3614 Admin Charge-2% Const 50,000.00 50,694.68 (694.68) (1.39) 3615 Admin Charge-5% Street Re-Const - - - - 3617 Engineering General - - - - 3619 Investment Management Fee 75,000.00 - 75,000.00 100.00 3629 Misc-Public Safety 10,000.00 3,400.00 6,600.00 66.00 3630 Recreation Program Fees 62,000.00 4,056.04 57,943.96 93.46 3631 Recreation Center 226,000.00 28,141.81 197,858.19 87.55 3633 Park Equipment Rental 100.00 - 100.00 100.00 3634 Park Facility Usage Fee 19,000.00 1,903.44 17,096.56 89.98 3635 Watercraft Rental 18,000.00 - 18,000.00 100.00 3636 Self-Supporting Programs 42,000.00 8,609.17 33,390.83 79.50 3637 Senior Programs 45,000.00 4,855.09 40,144.91 89.21 3638 Food Concessions 11,000.00 475.45 10,524.55 95.68 3639 Misc-Park & Rec 1,200.00 1,676.38 (476.38) (39.70) 3641 Youth Sport Donation - - - - 3642 Recreation Sports 38,000.00 2,141.08 35,858.92 94.37 3649 Misc-Public Works 2,000.00 2,100.00 (100.00) (5.00) 3651 Merchandise Sales 2,800.00 37.25 2,762.75 98.67 3670 Internment Fee - - - - Total Current Services 636,900.00$ 120,737.21$ 516,162.79$ 81.04% Other Revenue 3801 Interest Earnings 40,000.00 - 40,000.00 100.00 3802 Equipment Rental & Sale 275,000.00 103,424.49 171,575.51 62.39 3803 Building Rental 5,800.00 2,020.00 3,780.00 65.17 3804 Land Sale - - - - 3807 Donations 25,867.00 24,931.37 935.63 3.62 3808 Insurance Reimbursements 10,000.00 - 10,000.00 (1.00) 3816 SAC Retainer 6,000.00 695.80 5,304.20 88.40 3818 Sur-Tax Retainer 700.00 328.24 371.76 53.11 3820 Misc Other Revenue 500.00 160.00 340.00 68.00 3903 Refunds/Reimbursements 50,000.00 6,048.21 43,951.79 87.90 3910 Miscellaneous Revenue - - - - 3980 Cash Over/Short - 0.57 (0.57) - Total Other Revenue 413,867.00$ 137,608.68$ 276,258.32$ 66.75% Grand Total 11,899,700.00$ 5,708,752.65$ 6,190,947.35$ 52.03% Page 2 of 2    Description Budget Actual Dollars Unspent % Unspent Legislative 128,300.00 56,181.21 72,118.79 56.21 Administration 554,300.00 248,238.95 306,061.05 55.22 Finance 372,000.00 178,847.24 193,152.76 51.92 Legal 200,000.00 85,068.20 114,931.80 57.47 Property Assessment 161,000.00 1,020.00 159,980.00 99.37 Management Information Systems 258,200.00 127,932.31 130,267.69 50.45 City Hall Maintenance 411,300.00 462,626.12 (51,326.12) -12.31 Elections 48,000.00 10,688.45 37,311.55 77.73 Library Building 111,600.00 42,015.65 69,584.35 62.35  General Government 2,244,700.00$ 1,212,618.13$ 1,032,081.87$ 45.98% Police/Carver Co Contract 1,978,800.00 970,606.10 1,008,193.90 50.95 Fire Prevention & Admin 1,209,300.00 386,996.24 822,303.76 68.00 Code Enforcement 715,000.00 331,196.69 383,803.31 53.68 Community Service 63,800.00 23,072.78 40,727.22 63.84  Law Enforcement 3,966,900.00$ 1,711,871.81$ 2,255,028.19$ 56.85% Engineering 707,700.00 315,970.36 391,729.64 55.35 Street Maintenance 1,101,400.00 460,218.03 641,181.97 58.22 Street Lighting & Signals 370,500.00 200,727.70 169,772.30 45.82 Fleet Department 565,400.00 218,356.60 347,043.40 61.38   Public Works 2,745,000.00$ 1,195,272.69$ 1,549,727.31$ 56.46% Planning Commission 1,700.00 404.04 1,295.96 76.23 Planning Administration 531,500.00 244,777.00 286,723.00 53.95 Senior Commission 44,600.00 13,786.73 30,813.27 69.09  Community Development 577,800.00$ 258,967.77$ 318,832.23$ 55.18% Park & Rec Commission 1,200.00 - 1,200.00 100.00 Park & Rec Administration 256,200.00 105,960.33 150,239.67 58.64 Recreation Center 346,600.00 141,329.13 205,270.87 59.22 Lake Ann Park Operations 71,100.00 3,732.53 67,367.47 94.75 Park Maintenance 1,098,700.00 401,891.62 696,808.38 63.42 Senior Citizens Center 119,500.00 49,416.58 70,083.42 58.65 Recreation Programs 397,700.00 116,428.86 281,271.14 70.72 Self-Supporting Programs 35,700.00 10,105.62 25,594.38 71.69 Recreation Sports 38,600.00 4,821.72 33,778.28 87.51   Park & Recreation 2,365,300.00$ 833,686.39$ 1,531,613.61$ 64.75% Grand Total 11,899,700.00$ 5,212,416.79$ 6,687,283.21$ 56.20% General Ledger Expense Budget vs Actual Period  01 - 06 Fiscal Year 2020