HomeMy WebLinkAbout2010-06-24 Council Agenda PacketAgenda
Corcoran City Council
June 24, 2010 - 7:00 PM
1. Call to Order / Roll Call 2. Pledge of Allegiance 3. Agenda Approval
Public Hearing on MS4 Stormwater Permit*
4. Open Forum 5. Presentations-None
6. Planning Business / Landform
a. Request for Ag Preserve Designation for Edmund Cain Family Farms at 20913 CSAH 10 (City File 10-003)
Resolution 2010-27*
7. Engineering / Wenck
a. Analysis of City TIF District Allowable Expenditures
b. Shannon Lane Project-Approve Change Order #2 and accept project*
8. Consent Agenda
a. Draft Minutes of 06/10/10 City Council meeting*
b. Resolution 2010-28 Approving Gambling Application – Hennepin County Sheriff*
i. Staff report
ii. Application Permit
iii. Resolution
c. Approval of Agreement with Gallagher-Handling of Health Privacy Information (HIPAA Privacy Rules)*
9. Staff Reports / Memos
a. Delinquent Tax Report from Hennepin County*
b. Met Council Estimate on Population and Households*
c. Development Review Committee Report*
d. Status of CGO Grant Funds.
e. City Newsletter-Schedules and Article Ideas
10. Unfinished Business
a. PW Facility Update
11. New Business
a. Resolution 2010-25 Approving Liquor and Tobacco License’s *
b. Parks & Trails Commission-Request for $150 Expenditure
c. Resolution 2010-26 Appointing Election Judges*
12. Claims as Presented *
a. Escrow Claims (Fund #500)
b. Building Inspections Claims
c. All Other Claims As Presented
13. Unscheduled Items
14. Review of Upcoming Council Meeting Agenda
15. Adjournment
*Includes Materials - Materials relating to these agenda items can be found in the House Agenda Packet by Door.
105 South Fifth Avenue
Suite 513
Minneapolis, MN 55401
Tel: 612-252-9070
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www.landform.net
LandformSM, SensiblyGreenSM and Site to FinishSM are service marks of Landform Engineering Company.
TO: Corcoran City Council
FROM: Kendra Lindahl, Landform
DATE: June 16, 2010 for the June 24, 2010 City Council Meeting
RE: Request for Metropolitan Agricultural Preserve Designation for 245.25 acres of land
owned by Edmund Cain Family Farms (PID 14-119-23-34-0001, 22-119-23-11-0003,
22-119-23-12-0001 and 23-119-23-21-0002) (City file no. 10-003)
REVIEW DEADLINE: July 9, 2010
1. Application Request
The landowner is requesting city approval to enter land into the Metropolitan Agricultural Preserves
Program.
2. May 27th Council Review
At their May 27th meeting, the City Council reviewed this request. The Council indicated that they
generally support a landowners request to enter into the Ag Preserve program, but in this case there
were concerns about how this would affect City infrastructure planning, particularly road
improvements on Meister Road, which is planned as a major east-west connection.
The Council directed staff to confirm the Ag Preserve status of the properties directly east of these
parcels. The Draft 2030 Future Land Use map included in the packet is correct. Parcels that have
submitted the application initiating notice of withdrawal include the date that land will be removed
from Ag Preserve, but if they have not initiated withdrawal, there is no date on the map.
Landowners may withdraw from the program 8 years after they give notice of their intent to
withdraw. The Ag Preserver property to the east has not initiated withdrawal and will be in Ag
Preserve at least 8 additional years.
The Council also directed staff to get a copy of the partnership agreement and ensure that all forms
were properly signed. A copy of this 57 page agreement has been submitted to the City and is
available at city hall for review but, due to the size, is not included in this report. Michael Cain and
Jerome Cain are co-managing partners for the partnership and both have signed the applications.
Notice of this request was published in the local paper as required by State statute.
3. Background
The Edmund Cain Family Farms includes approximately 245 acres on four separate parcels. The
subject properties were previously enrolled in this program, but the designation expired on February
22, 2009.
Agenda Item ____
Cain Agricultural Preserve Designation (city file 10-003) 2
June 24, 2010
The City updated the Comprehensive Plan in 2009. Lands that were still enrolled in the program
were designated “Agricultural Preserve” on the 2030 Future Land Use Plan map. These properties
were no longer enrolled in the program, so they were designated as Low Density Residential and
Mixed Residential on that map. All four parcels are in the final stage (2025-2030) of the 2030
Sanitary Sewer Service Staging Plan of the City’s Comprehensive Plan.
A landowner can request enrollment into the program at any time, however, enrollment must occur
before March 1st of any given year to receive the property tax benefits payable in the following year.
The city did not receive a request until April 30, 2010. Therefore, tax benefits would not be effective
until the following year (2012). The landowner is requesting enrollment and providing notice of
withdrawal at the same time, so if the request is approved in June, the applicant would be entered
into the program in June 2010 and be removed from the program in June 2018.
Chapter 473H of the State Statutes requires that the city “certify by resolution using appropriate
maps which lands, if any, are eligible for designation as agricultural preserves. Maps shall be in
sufficient detail to identify eligible lands by property boundaries. At least two weeks before the
resolution is to be adopted, the authority shall publish notice of its intended action in a newspaper
having a general circulation within the area of jurisdiction of the authority.”
The property must be zoned long-term agricultural (or Agricultural Preserve in Corcoran), with a
maximum residential density of one house per forty acres. The owner must sign an eight-year
perpetual covenant/agreement to leave the property in agricultural use, and farm using acceptable
practices. In return, there are number of benefits to a landowner who enters into this program,
including the fact that special assessments cannot be levied on Agricultural Preserve property.
The City has discretion when considering designating land as Agricultural Preserve and must
determine whether the designation has any negative impact for the City. The Comprehensive Plan
states “The City of Corcoran encourages the continuation of agricultural use within the community.
This policy expresses the City’s endorsement of the Metropolitan Agricultural Preserves program. All
land parcels in the City that meet the requirements for eligibility in the Metropolitan Agricultural
Preserves program according to Minn. Stat. Section 473H may apply to the City for enrollment. This
policy is not intended to interfere with agricultural status of any lands prior to adoption of the
Comprehensive Plan.”
However, the City could find that an Agricultural Designation in the MUSA would be inconsistent with
the Comprehensive Plan.
4. Conclusion
The Council may choose to approve the Ag Preserve designation for all 4 of the parcels, some of the
parcels or none of the parcels. In light of the fact that the property to the east is in the Ag Preserve
program and has not initiated withdrawal, the Council may find that there is no negative impact of
the designation in this location.
Staff has drafted a resolution for approval, contingent upon the recording of the withdrawal
application, which means that the land would be removed from Ag Preserve in 8 years.
Cain Agricultural Preserve Designation (city file 10-003) 3
June 24, 2010
5. Recommendation
The City Council should take one of the following actions:
a. Move to adopt the resolution approving designation of these four parcels as Agricultural
Preserve to be withdrawn in 8 years and amend the 2030 Future Land Use Plan map
accordingly.
Or
b. If the Council finds that designating these four parcels as Agricultural Preserve is not
desirable, given the location within the Metropolitan Urban Service Area (MUSA) boundary,
they should direct staff to prepare a resolution for denial to be brought back to the next
Council meeting.
Attachments
1. Location Map
2. Land Use Map
3. Agricultural Preserve Application
RESOLUTION NO. 2010-27
Motion By:
Seconded By:
A RESOLUTION APPROVING A REQUEST FOR METROPOLITAN AGRICULTURAL
PRESERVE DESIGNATION FOR 245.25 ACRES OF LAND OWNED BY EDMUND
CAIN FAMILY FARMS
WHEREAS, the below described parcels are located within the Metropolitan Urban
Service Area (MUSA), but are located in the final stage (2025-2030) of the 2030 Sanitary
Sewer Service Staging Plan of the City’s Comprehensive Plan;
WHEREAS, the owners of the described parcels have made official application for their
designation as an agricultural preserve; and
WHEREAS, the owners have also submitted notice of withdrawal, which would remove
the property from Agricultural Preserve in 8 years;
WHEREAS, the requirements regarding size, covenants, development density and other
stipulations of the act are deemed legally satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORCORAN, MINNESOTA, that the following properties owned by Cain Family Farms
on property legally described in Appendix A and described below are hereby designated
as Agricultural Preserve:
PID 14-119-23-34-0001
PID 22-119-23-11-0003
PID 22-119-23-12-0001
PID 23-119-23-21-0002
FURTHERMORE, approval of the Agricultural Preserve Designation is approved
contingent upon filing both the entry and withdrawal applications concurrently.
BE IT FURTHER RESOLVED, the above properties be classified as “Agricultural
Preserve” in the 2030 Future Land Use Plan of the Comprehensive Plan and the related
zoning district, which will create more stringent zoning for the duration of the requested
designation. No subdivisions can occur unless and until said properties are removed
from the Ag Preserve Program.
Resolution 2010-27
Page 2
ADOPTED by the City Council this 24th day of June 2010.
VOTING AYE
Guenthner, Ken
Gmach, George
Hudok, Christopher
Milbrandt, Rosalyn
Thomas, Ron
VOTING NAY
Guenthner, Ken
Gmach, George
Hudok, Christopher
Milbrandt, Rosalyn
Thomas, Ron
___________________________
Ken Guenthner, Mayor
ATTEST:
_____________________________
Daniel J. Donahue, City Administrator City Seal
Resolution 2010-27
Page 3
APPENDIX A
Existing Legal Description
Insert Legal
Edmund Cain Family Farms
Location Map
Agriculture Preserve Designation Request
4
SITESITE
SITE
SITE CO RD NO 116CO RD NO 10
Meister RoadCain Road
02,4004,8001,200 Feet
Northland Securities, Inc. 45 South 7th Street, Suite 2000, Minneapolis, MN 55402 Toll Free 1‐200‐851‐2920 Main 612‐851‐5900
www.northlandsecurities.com
Member FINRA and SIPC
MEMORANDUM
To: Dan Donahue
From: Rusty Fifield
Date: June 24, 2010
Re: Use of TIF in Corcoran
We have reviewed the plan for Tax Increment Financing District No. 1 to provide an evaluation of
the ability to use tax increment from the District for public improvements. Specifically, we have
evaluated the City the ability to extend sanitary sewer and water service from the city limits (with
Maple Grove) to the downtown area. These improvements will allow private wells and septic
systems to be replaced in the downtown area. This memorandum presents our findings and
recommendations. This work has been reviewed by Steve Bubul and incorporates his comments.
Findings
My findings and recommendations are based on the current Development Program and TIF Plan
(Modification #4). I have not reviewed the record to evaluate actions to create the original plan or
any subsequent modifications. The factors that affect the use of TIF by the City include the following:
1. Tax Increment Financing District No. 1 is a redevelopment district.
2. It was approved on February 12, 1987.
3. The District was certified on May 6, 1987.
4. The first tax increment was received in 1988.
5. The TIF Plan authorizes collection of tax increment through the statutory maximum of 2013. It
should be noted that the 2008 State Report indicates that the required decertification date is
February 12, 2013 and should be corrected.
6. In 2008, the City collected $267,062 in tax increment revenue and ended the year with a reported
balance of $2,303,556.
7. To the best of my knowledge, the City does not have any outstanding obligations to which these
tax increments are pledged.
8. The TIF plan authorizes $18,323,500 in total expenditures. As of 12/31/08, total actual
expenditures equaled $1,323,392.
9. The construction of trunk sanitary sewer and watermain from Maple Grove to the downtown
area to replace existing septic systems and wells is currently described in the Development
Program for the TIF District No. 1 (see page 8 of Plan).
10. The proposed improvements would be built on property currently within Development District
No. 1.
Use of TIF in Corcoran
June 23, 2010
Page 2
Recommendations
Based on my review of the TIF Plan, I believe that the City of Corcoran has the authority to use tax
increments from TIF District No. 1 to construct sanitary sewer and watermain from the city limits to
the downtown area, subject to the following:
1. All expenditures must be for improvements that occur within the boundaries of Development
District No. 1. Any improvement costs in Maple Grove must be paid from another source.
2. If the cost of the improvements exceeds $3,330,000 (net remaining authorized expenditures for
installation of public facilities), then the budget in the TIF Plan must be amended. The budget
modification should be made by resolution, but no hearing is needed as long as the total
authorized expenditures are not exceeded.
3. We would recommend that the City Council adopt an approving resolution at the time a specific
plan for use of the tax increment is considered. This step forms a stronger link between the use
and the authorizations/objectives of the TIF Plan.
I also want to make the City aware of the new temporary authority to spend tax increment to
stimulate private development. Prior to December 31, 2011, the City can spend monies from TIF
District No. 1 to:
1. Provide improvements, loans, interest rate subsidies, or assistance in any form to private
development consisting of the construction or substantial rehabilitation of buildings and
ancillary facilities, if doing so will create or retain jobs in this state, including construction jobs,
and that the construction commences before July 1, 2011, and would not have commenced before
that date without the assistance.
2. Make an equity or similar investment in a corporation, partnership, or limited liability company
that the authority determines is necessary to make construction of a development that meets the
requirements of financial feasibility stated above.
The City must approve a “written spending plan” after a public hearing to use this authority.
I hope this memorandum clearly addresses your questions. Do not hesitate to contact me with any
questions or need for additional information.
8a.
City of Corcoran
City Council Meeting Minutes
June 10, 2010
Page 1 of 2
The Corcoran City Council met on June 10, 2010, at City Hall in Corcoran, Minnesota. Present were, Councilor Gmach, Councilor
Hudok, Councilor Milbrandt, and Councilor Thomas. Also present were City Administrator Donahue, Corporal Hamilton, Public
Works Superintendent Meister, City Engineer VanderTop, and Deputy Clerk Heinecke.
Mayor Guenthner was absent
Vice Mayor Thomas called the meeting to order at 7:00 pm
1. Call to Order / Roll Call 2. Pledge of Allegiance
3. Agenda Approval
MOTION: made by Gmach, seconded by Hudok to approve the agenda as presented.
Voting Aye: Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 4:0).
4. Open Forum
Greg Ebert – 20604 County Rd 10 reminded council this is an election year and asked them to consider the needs of
Corcoran residents when discussing a Public Works facility and use of city TIF funds.
5. Presentations
a. Rick Kline, Center Point Energy awarded Corcoran Police Reserves a Community Partnership Grant of $1,500
to purchase equipment.
b. Chad Robran shared with the council plans for the 7th annual Corcoran Jaycees-Corcoran Country Days. Council
expressed their gratitude to the Jaycees for this event.
6. Planning Business / Landform
None
7. Engineering / Wenck
a. Engineer VanderTop reviewed items discussed at the Transportation and Utilities Improvement (TIF) open
house. Next step is to create a list of projects to be considered.
8. Consent Agenda
a. Draft Minutes of 05/27/10 Council Meeting
b. Resolution 2010-23 Authorizing Execution of Agreement-Safe and Sober Project
c. Resolution 2010-24 Approving Absentee Ballot Board MOTION: made by Milbrandt, seconded by Hudok to approve the consent agenda as presented.
Voting Aye: Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 4:0).
9. Staff Reports / Memos
a. June 17, 2010 Emergency Training Exercise
b. Charter Commission met and will forward a charter redraft to the council for the July 22, 2010 meeting
c. Report on Project Completion of Corcoran Police Community Support Services Trailer
10. Unfinished Business
a. Council members were given an electronic thumb drive containing useful public data.
b. Administrator Donahue updated council on status of leasing a Public Works facility. Next step is collecting data
on the cost of various scenarios.
11. New Business
a. 2011 Contract for Assessing Services
MOTION: made by Gmach, seconded by Milbrandt to approve the Assessing Service contract as presented.
Voting Aye: Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 4:0).
b. Discussion on the Posting of Elected Officials’ E-mail Addresses – discussion postponed to next meeting.
c. Request by Parks and Trails Commission for 10 Picnic Tables
MOTION: made by Gmach, seconded by Hudok to approve the purchase of 10 picnic tables.
8a.
City of Corcoran
City Council Meeting Minutes
June 10, 2010
Page 2 of 2
Voting Aye: Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 4:0).
12. Claims as Presented
a. Escrow Claims (Fund #500)
b. Building Inspections Claims
c. All Other Claims As Presented
MOTION: made by Hudok, seconded by Milbrandt to approve all claims as presented.
Voting Aye: Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 4:0).
13. Unscheduled Items
None
14. Review of Upcoming Council Meeting Agenda
Budget workshop at 6:00 on Thursday June 24, 2010
Elected officials email addresses
15. Adjournment
MOTION: made by Gmach, seconded by Hudok to adjourn at 8:40 pm.
Voting Aye: Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 4:0).
_____________________________
Daniel Donahue, City Administrator
STAFF REPORT Document No. 8c. i
Council Meeting: June 24, 2010
Prepared By: Jeanie Heinecke
Topic: Hennepin County Sheriff
Foundation Gambling Permit
Action Required: Approve Resolution
2010-28
Summary: On August 5, 2010, the Hennepin County Sheriff Foundation is hosting their
annual golf tournament at Pheasant Acres Golf Course. The Sheriff Foundation is a 501c3 non-
profit charity dedicated to strengthening public safety through youth based activity programs and
supporting the 125 volunteer special deputies of the Hennepin County Sheriff's Office. As part
of the golf tournament event, they seek to conduct a raffle. Tickets will be $10 each and will be
sold both before the event and at the event on August 5, 2010. More information on the
Hennepin County Sheriff Foundation can be found at sherifffoundation.com. The State of
Minnesota Gambling Control Board issues the permit, the city is asked to sign the permit
application in acknowledgement of the event taking place.
8d.
City of Corcoran
County of Hennepin
State of Minnesota
CITY OF CORCORAN
RESOLUTION 2010-28
MOTION BY:
SECONDED BY:
RESOLUTION APPROVING A TEMPORARY GAMBLING PERMIT FOR THE
HENNEPIN COUNTY SHERIFF FOUNDATION
WHEREAS, the Hennepin County Sheriff Foundation is requesting approval from the City of
Corcoran for the purpose of conducting temporary lawful gambling in Corcoran on August 5, 2010
at Pheasant Acres Golf Course; and
WHEREAS, the necessary LG220 Application for Exempt Permit has been submitted and fully
executed,
NOW THEREFORE BE IT RESOLVED by the Council of the City of Corcoran that they find
this request to be in compliance with city codes and hereby authorizes the City Clerk to sign the
resolution on behalf of the City.
VOTING AYE VOTING NAY
Guenthner, Ken Guenthner, Ken
Gmach, George Gmach, George
Hudok, Christopher Hudok, Christopher
Milbrandt, Rosalyn Milbrandt, Rosalyn
Thomas, Ron Thomas, Ron
Whereupon, said Resolution is hereby declared adopted on this 24th day of June 2010.
____________________________________
Ken Guenthner, Mayor
ATTEST:
____________________________________
Daniel J. Donahue, City Administrator City Seal
City of Corcoran
Delinquent Taxes Receivable
December 31, 2009
Delinquent Delinquent
Taxes Taxes
Fund Receivable Receivable (Increase)
Fund #12/31/08 12/31/09 Decrease
General Fund 100 77,650.18 133,495.91 (55,845.73)
Equipment Certificates 309 - - -
Facility Expansion 407 - - -
77,650.18 133,495.91 (55,845.73)
Delinquent Taxes Receivable 12/31/09:
General Equipment Facility
Fund Certificates Expansion Total
2002 - - - -
2003 53.45 - - 53.45
2004 350.58 - - 350.58
2005 3,233.79 - - 3,233.79
2006 3,834.21 - - 3,834.21
2007 6,308.18 - - 6,308.18
2008 34,513.03 - - 34,513.03
2009 85,202.67 - - 85,202.67
133,495.91 - - 133,495.91
Delinquent Taxes Receivable 12/31/08:
General Equipment Facility
Fund Certificates Expansion Total
2002 1,232.06 - - 1,232.06 audit AJE by Abdo to include 2002
2003 53.45 - - 53.45
2004 352.74 - - 352.74
2005 4,131.21 - - 4,131.21
2006 4,780.68 - - 4,780.68
2007 12,659.91 - - 12,659.91
2008 54,440.13 - - 54,440.13
2009 - - - -
77,650.18 - - 77,650.18
NOTE: Non-General Fund levies are allocated 100% of their respective certified amounts; hence, all delinquent revenues and receivables
are recorded in the General Fund
9c.
.00
DATE: June 14, 2010
TO: Development Review Committee (Kendra Lindahl, Vince Vander Top, Kent
Torve, Dan Donahue)
COPY: Jeff Carson, Jill Smith-Arens, Jeanie Heinecke, Tanya Wagner, Tina Goodroad
June 16, 2010 Staff Meetings
8:15 a.m. – Staff meeting (former Hedgestone project, public works building, development
fees/escrow, other issues)
9:00 a.m. - DRC meeting with Bill Coffman regarding Ebert & Larson concept plan
June 15, 2010 Parks Commission Meeting
No Planning Business
June 24, 2010 City Council Meeting
• Request for Ag Preserve Designation for Edmund Cain Family Farms at 20913 CR 10 (City
File No. 10-003)
July 1, 2010 Planning Commission Meeting
• Zoning Ordinance Update (Greenway Recommendation) (Tina)
July 8, 2010 City Council Meeting
No Planning Business
July 20, 2010 Parks Commission Meeting
No Planning Business
July 22, 2010 City Council Meeting
No Planning Business
Applications not currently scheduled/Other Business
• Corcoran Business Park (Utility Extension/Restart discussions with Medina? DAN?)
• Armbruster Topography and Wetland Waiver (review period expires November 30, 2010)
(City file no. 09-011) (Tabled at 11/23/09 CC meeting)
CITY OF CORCORAN
DEVELOPMENT REVIEW COMMITTEE (DRC) AGENDA
City of Corcoran 11a.
County of Hennepin
State of Minnesota
RESOLUTION NO. 2010-25
MOTION BY MEMBER:
SECONDED BY MEMBER:
`
A RESOLUTION APPROVING TOBACCO, BEER, AND LIQUOR LICENSES IN THE
CITY OF CORCORAN, MINNESOTA
BE IT RESOLVED, by the City Council of the City of Corcoran that the following Tobacco,
Liquor, and 3.2 Malt Liquor Licenses are granted effective July 1, 2010, through June 30, 2011,
to the following Establishments and Licensees provided appropriate payment, application, and
insurance documents are submitted and the Building Inspector approves permanent
establishments to insure there are no safety hazards.
ESTABLISHMENT LICENSEE
LICENSES
Stanchion Bar * Stanchion Bar, Inc. On-Sale Liquor
Off-Sale Liquor
Special "On-Sale Sunday"
10-50 Club PJS Holding Company, LLC On-Sale Liquor
Off-Sale Liquor
Special "On-Sale Sunday"
Mama G’s Mama G’s Operations LLC On-Sale Liquor
Off-Sale Liquor
Special "On-Sale Sunday"
Tobacco
Corcoran Bottle Shop JDT, Inc. of MN Off-Sale Liquor
Tobacco*
Golden Acres Golf Course
Pheasant Acres Golf Club On-Sale Liquor
Special “On-Sale Sunday”
Shamrock Golf Course Shamrock Golf Operations LLC On-Sale 3.2 Liquor
Corcoran Lion's Club Joe Andres On-Sale 3.2 Liquor
Storman’s Food & Fuel Norm Burling Tobacco
Corcoran Superette LLC
Crossroads
Ken Jedneuk Tobacco
City of Corcoran 11a.
County of Hennepin
State of Minnesota
RESOLUTION NO. 2010-25
MOTION BY MEMBER:
SECONDED BY MEMBER:
VOTING AYE VOTING NAY
Guenthner, Ken Guenthner, Ken
Gmach, George Gmach, George
Hudok, Christopher Hudok, Christopher
Milbrandt, Rosalyn Milbrandt, Rosalyn
Thomas, Ron Thomas, Ron
Whereupon, said Resolution is hereby declared adopted on this 24 day of June 2010.
____________________________________
Kenneth Guenthner - Mayor
ATTEST:
____________________________________ City Seal
Daniel Donahue – City Administrator/Clerk
City of Corcoran 11c.
County of Hennepin
State of Minnesota
RESOLUTION NO. 2010-26
MOTION BY MEMBER:
SECONDED BY MEMBER:
RESOLUTION APPOINTING ELECTION JUDGES FOR THE 2010 PRIMARY AND GENERAL
ELECTIONS
WHEREAS, a State Primary Election will be held on August 10, 2010, and a State General Election will be
held on Tuesday, November 2, 2010; and
WHEREAS, MN Statute 204B.21, subd.2, requires election judges for precincts in a municipality be appointed
by t he governing body of the municipality; and
WHEREAS, the City of Corcoran has two voting precincts; and
WHEREAS, the following Minnesota residents have agreed to serve as election judges and have met the
qualifications established by the State of Minnesota, or will be receiving training prior to the elections and will
be eligible to serve after meeting the qualifications established by the State of Minnesota.
NOW, THEREFORE, BE IT RESOLVED, that the City of Corcoran hereby appoints the following persons to
be eligible to serve as election judges for the 2010 Primary and General Elections, with the understanding that
amendments may be necessary to the appointments in order to fill vacancies and meet party splits; and approves
payment of an hourly wage of $ 8.50 per hour for elections judges and, $ 9.00 per hour for head judges during
election judge training and time served on election day.
JUDGES:
*FINAL LIST OF JUDGES HAS NOT BEEN DETERMINED AT TIME OF PACKET DISTRIBUTION.
RESOLUTION WILL BE UPDATED WITH JUDGES NAMES AND PRESENTED TO COUNCIL AT THE
6/24/10 MEETING
VOTING AYE VOTING NAY
Guenthner, Ken Guenthner, Ken
Gmach, George Gmach, George
Hudok, Christopher Hudok, Christopher
Milbrandt, Rosalyn Milbrandt, Rosalyn
Thomas, Ron Thomas, Ron
Whereupon, said Resolution is hereby declared adopted on this 24th day of June 2010.
____________________________________
Kenneth Guenthner - Mayor
ATTEST:
____________________________________
City Seal
Daniel Donahue – City Administrator/Clerk
Agenda Memo – June 24, 2010
Page 1
To: Mayor and City Council
From: Dan Donahue, City Administrator
Regarding: Administrator Notes
Public Hearing on MS4 Permit. This is an annual requirement. City
engineer Kent Torve will introduce subject. I have provided some
background material from the MN PCA web site. The city has received no
comments or information on anyone appearing on this issue.
4) Open Forum. I have no information on anyone coming before the council.
5) Presentations. None
6) Planning and Zoning.
a) Ag Preserve Request-Edmund Cain Family Farms. See the report. One note on
this matter. Total actual cost to city is around $450. Total received in fees is
$160.00. Not sure how we arrived at even this figure as Statute 473H.05 says we
can only charge $50 going in and $50 going out. There is no current provision for
collecting additional fees or for posting an Escrow as I understand the law. But, I
take this to be a land use permit and therefore the applicant should be required
to pay actual costs. I have been told (can’t locate) that an opinion was given to
the city by the former city attorney on the matter. He said that we cannot charge
more than $80 each way and that we are powerless to collect any more.
7) Engineering.
a) TIF Analysis. I have Paul Donna of Northland Securities and Bond Counsel
Steve Bubul working on a report that analyzes our TIF Plan and gives us
information on what are allowable expenses. I will not have this report until next
week. My thoughts are to provide a short presentation at the council meeting on
the report findings, give the council the report, and perhaps put it back on the
agenda for July 8th for discussion.
b) Shannon Lane Change Order #2; Accept Project. See report. Change order # 2
is actually a request to decrease the project cost by $800. You had authorized a
total cost of $92,804.92. This change order brings it down to $92,004.92. Now
that all work is complete, the last action is to accept the project as completed.
8) Consent Agenda
a) Minutes of 6/10/10
b) Resolution 2001-28 Approval of Gambling License. See report from PD.
c) Agreement with Gallagher. See documentation in packet. I could not find a
previous agreement between the city and Gallagher Benefit Services, Inc. One
apparently exists but I cannot locate. The agreement is with Gallagher. They are
the company administering the LOGIS Health Care Plan. The agreement
Agenda Memo – June 24, 2010
Page 2
concerns the handling of personal health data (PHI) of our employees. All
member cities of the LOGIS Health Care Plans are asked to approve the
agreement. There is no change in city policies, practices, or 2010 Budget. I
recommend approval.
9) Staff Reports.
a) Delinquent Tax Report. This is a report from Hennepin County. It shows how
much property tax is booked as a receivable. Looks like a sizable jump in the
amount owed by property owners between 2008 and 2009. No action needed.
b) Met Council Estimate of Population and Housing. The city receives the Met
Council Report on estimates of population and household annually. Thought you
might be interested in their figures. I have provided the 2009 figures along with
the 2008 figures. We gained 68 persons and 17 households. Not bad for not
having a single housing start in 2009.
c) Development Review Committee (DRC) Report.
10) Unfinished Business.
a) PW Facility Update. I have not provided any material or reports. If the council
wants to discuss any points, we can do so here. I will update you on progress
receiving leasing applications.
11) New Business
a) Liquor and Tobacco Renewals. Once again this process is down to the wire. The
needed info required by the state and our ordinance continues to come in. We
are going to again have one license holder that won’t get in the necessary fees
until the last license day of June 30th. I will once again ask for approval subject to
receipt of funds. We are working closer with the state this year on getting the
process correct.
b) Parks and Trails Request. The P & T Commission passed a motion at their
meeting on June 15th requesting authority to spend $150 from the General Fund
to purchase a banner with their name on it. The banner will be used at all city
functions such as the Cleanup Day, Corcoran Days, etc. where the P & T is
performing an official city activity.
c) Election Judges. Resolution 2010-25, Election Judges for Primary Election on
August 10, 2010. On Thursday, Jeanie and I will present to you the final list of
names of residents who have requested appointment as election judges. Those
names will be included on the resolution we will present. We are working with the
previous head judges and the three parties to be inclusive as possible. We were
going to present this on July 8 but we were advised by the county to have this
resolution passed by the end of June. Jeanie has been working with the county
and several city clerks in the area to put together the Corcoran Calendar for
elections. She is doing very well and I am confident that the process will be well
handled.
Agenda Memo – June 24, 2010
Page 3
12) Claims.
13) Unscheduled and Other Items
Council Calendar
Planning 6/03/10 7/1/10 8/5/10 9/2/10 10/7/10 11/4/10
Milbrandt Guenthner Hudok Gmach Thomas Milbrandt
Parks & Trails 6/15/10 7/10/10 3/17/10 9/21/10 10/19/10 11/16/10
Guenthner Hudok Gmach Thomas Milbrandt Guenthner
Other June July Aug Sept Oct Nov
Upcoming Council Meetings.
ON THIS PAGE
What is an MS4
Maps of MS4s
Special waters
and impaired
waters
MS4 permit
requirements
Public process for
SWPPPs
Revised permit
and program
forms
Guidance and fact
sheets
Best management
practices
Stormwater
financial
assistance
Links to
additional
information
Staff contacts
MS4 permit
history
http://www.pca.state.mn.us/
Home > Water > Water Types and Programs > Stormwater > Municipal Stormwater
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Stormwater Program for Municipal Separate Storm Sewer
Systems (MS4)
Program Update - What's New
Restriction on Coal Tar-Based Sealants •
Annual Report forms due June 30, 2010 •
Updated status of MS4 permit applications •
Overview
According to the 1996 National Water Quality Inventory, stormwater runoff is a leading
source of water pollution. Stormwater runoff can harm surface waters such as rivers,
lakes, and streams which in turn cause or contribute to water quality standards being
exceeded.
Stormwater runoff can change natural hydrologic patterns, accelerate stream flows,
destroy aquatic habitats, and elevate pollutant concentrations and loadings. Development
substantially increases impervious surfaces thereby increasing runoff from city streets,
driveways, parking lots, and sidewalks, on which pollutants from human activities settle.
Common pollutants in runoff include pesticides, fertilizers,
oils, metals, pathogens, salt, sediment, litter and other
debris are transported via stormwater and discharged –
untreated – to water resources through storm sewer
systems.
The Stormwater Program for MS4s is designed to reduce
the amount of sediment and pollution that enters surface
and ground water from storm sewer systems to the maximum extent practicable.
Stormwater discharges associated with MS4s are regulated through the use of National
Pollutant Discharge Elimination System (NPDES) permits. NPDES permits are legal
documents. Through this permit, the owner or operator is required to develop a
stormwater pollution prevention program (SWPPP) that incorporates best management
practices (BMPs) applicable to their MS4. See the following fact sheet for additional
information:
MS4 Stormwater Program Overview•
759
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What is an MS4
A municipal separate storm sewer system is a conveyance or system of conveyances (roads with drainage systems,
municipal streets, catch basins, curbs, gutters, ditches, man-made channels, storm drains):
Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body
(created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes,
stormwater, or other wastes, including special districts under State law such as a sewer district, flood control
district or drainage districts, or similar entity, or an Indian tribe or an authorized Indian tribal organization,
or a designated and approved management agency under section 208 of the Clean Water Act that discharges
to waters of the United States;
•
Designed or used for collecting or conveying stormwater; •
Which is not a combined sewer; and •
Which is not part of a publicly owned treatment works.•
Types of Small MS4s
There are three categories of regulated small MS4s: mandatory, designated and petition. Small MS4s include
municipalities, townships, counties, military bases, hospitals, prison complexes, highway departments, and
universities.
Mandatory MS4s: MS4s in urbanized areas as defined by the 2000 Census are required to obtain a
NPDES/SDS stormwater permit. An "urbanized area" is defined as a land area comprising one or more
places (“central places”) and the adjacent densely settled surrounding area (“urban fringe”) that together
have a residential population of at least 50,000 and a density of at least 1,000 people per square mile. The
definition also includes any other public storm sewer system located fully or partially within an urbanized
area.
The following list identifies Minnesota’s mandatory small MS4 cities, townships, and counties. The list also
includes non-traditional mandatory MS4s identified by MPCA staff as requiring permit coverage. Non-
traditional MS4s are publicly owned systems at military bases, hospitals, prisons, universities, highways and
other thoroughfares.
1.
List of Minnesota’s mandatory small MS4s•
Note: The cities of Minneapolis and St. Paul received individual stormwater permits in 2000.
Designated MS4s: MS4s outside of urbanized areas that have been designated by the MPCA for permit
coverage under Minn. R. ch 7090 are required to obtain a NPDES/SDS stormwater permit. MS4s designated
by rule are cities and townships with a population of at least 10,000; and cities and townships with a
population of at least 5,000 and discharging or the potential to discharge to valuable or polluted waters.
These designated MS4s are required to obtain permit coverage by February 15, 2007.
2.
List of MS4s population 10,000 or more designated by rule •
List of MS4s population 5,000 to 10,000 designated by rule •
The rules also establish criteria that can be applied to designate future MS4s under a designation process
identified in the rule. Visit the Stormwater Program Rulemaking Web page for details.
Petition MS4s: MS4s that are designated through the petition process under Minn. R. ch. 7090 are
required to obtain a NPDES/SDS stormwater permit. The public can petition the Commissioner for the
designation of an MS4 based on the designation criteria established in the rules. Visit the Stormwater
Program Rulemaking Web page for details.
3.
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Maps of MS4s
MS4 Mapping Tool
MS4 mapping tool: This is an electronic map tool using Geographic Information Systems (GIS) technology.
Note: This is best viewed using Internet Explorer 5.0 or higher or Netscape 6.0 or higher, with pop-up
blockers disabled and screen resolution set to 1024x768 or higher.
•
Mandatory MS4s
Duluth Area•
Fargo/Moorhead Area•
Grand Forks Area•
La Crosse/La Crescent Area•
Minneapolis/St. Paul Area•
Rochester Area•
St. Cloud Area•
Note: The maps above for Duluth, Minneapolis/St. Paul and St. Cloud areas are interactive. Once you've opened
one of those maps, click on a numbered area within the grid on the map to open a new map showing details of the
grid area.
Designated MS4s
Maps of MS4s designated under the Minnesota Rules Chapter 7090 are available on the Stormwater Program
Rulemaking Web page.
Special Waters and Impaired Waters
The MS4 General Permit for MS4s near specially-protected waters require additional controls, conditions or an
individual permit:
MS4s that discharge near waters with qualities that warrant extra protection (special waters) must use
additional best management practices and enhanced runoff controls (see permit Part IX).
•
MS4s that discharge near an “impaired water” for which there is a total maximum daily load (TMDL)
allocation for stormwater sources must meet special conditions (see permit Part IV.D).
•
The MPCA has several documents and an interactive map called Special Waters Search to help owners and
operators of MS4s identify those waters near their MS4 that may require extra protections or an individual
permit. The specific requirements are outlined in the MS4 General Permit.
Special Waters List •
Stormwater and Impaired Waters•
Known Calcareous Fens List •
Final TMDLs and Implementation Plans •
Special and Impaired Waters Search: This is an electronic map tool using Geographic Information Systems
(GIS) technology. Find the city boundary or site location of specific interest, draw the site boundaries and
create a list of special waters.
•
MS4 Permit Requirements
MS4s are required to develop and implement a stormwater pollution prevention program (SWPPP) to reduce the
discharge of pollutants from their storm sewer system to the maximum extent practicable. The SWPPP must
cover six minimum control measures.
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The MS4 must identify best management practices (BMPs) and measurable goals associated with each minimum
control measure. An annual report on the implementation of the SWPPP must be submitted each year.
Public Process for SWPPPs
The MPCA will provide public notice and opportunity for public comment and hearing on each MS4s proposed
SWPPP. Information on the public notice process is available at the MPCA Web page Public Notice Process for
MS4 General Permit Applications.
Revised Permit and Program Forms
Permit/Application Summary Fact Sheets and
Instructions
General NPDES/SDS Permit
MNR040000 for Municipal Separate
Storm Sewer Systems (MS4s)
The new permit (MNR040000)
becomes effective on June 1, 2006.
Regulated municipalities should
continue operating under the terms of
the old permit until the new permit
becomes effective.
New MS4 General Permit:
Overview of Changes
Nondegradation
Reporting for Non-ORVW
Waters
Action Items Identifies dates for MPCA and MS4
action items.
Milestones under 2006
MS4 Permit
Application Instructions and
Application for General Stormwater
Permit MNR040000 for Small
Municipal Separate Storm Sewer
Systems (MS4s)
Applications for mandatory small
MS4s in urbanized areas are due by
June 1, 2006.
BMP Summary Sheet
Instructions and BMP Summary
Sheets for General Stormwater Permit
MNR040000 for Small MS4s
Additional BMP Summary Sheets
These BMP Summary Sheets are a
required attachment to a permit
application.
Use SWPPP Pollution Prevention
Guidance on the right:
In preparation of a SWPPP for a
facility that is newly identified as
being an MS4 community. BMP
Summary Sheets are
required.
•
To update your current SWPPP
to reflect changes in needs or
when completing Annual Reports
to aid in assessment of
appropriateness of identified
BMPs.
•
When a new SWPPP must be
submitted at the time of permit
reissuance. SWPPP Pollution
•
BMP Summary Sheets:
Clarifications and
Supplemental Guidance
Example BMP
Summary Sheets
Impaired Waters BMP
Summary Sheet
BMPS for Outstanding
Resource Value Waters
(ORVW) Guidance Summary
Sheets
SWPPP Pollution
Prevention Guidance
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Prevention Guidance will still be
applicable to 2011 permit.
MS4 Annual Reports Annual Reports are due June 30 of
each year.
MS4 Inspection and
Recordkeeping
Stormwater Facility Dredge
Project
Summary of Stormwater Pond
Sediment Testing Results
Construction Stormwater General
Permit
Use these forms to to meet permit
requirements for stormwater pond
dredging for maintenance purposes.
Dredge Materials
Management Manual
Guidance and Fact Sheets
Staff continues to draft revisions to the Guidance Manual for Small Municipal Separate Storm Sewer Systems. An
updated copy of this “work in progress” is provided here. Please send any suggestions to Lou Flynn .
Draft Guidance Manual for Small Municipal Separate Storm Sewer Systems (MS4) •
Minnesota Rules Chapter 7090 •
Minnesota Rules Chapter 7050 •
MS4 Stormwater Program Overview•
Coal-tar Based Sealcoat: Environmental Concerns•
MS4 Inspection and Recordkeeping•
Municipal Stormwater Ponds•
Nondegradation Reporting for Non-ORVW Waters•
Storm-pond dredging decision-making flowcharts•
Stormwater and Wetlands: Planning and Evaluation Guidelines•
Managing Urban Stormwater Ponds. This is the stormwater-pond management chapter from
the forthcoming "Managing Dredged Materials" revised manual, provided on its own until the fully revised
manual is available at Dredged Materials Management
•
Untreated Stormwater Runoff to Lakes, Streams, and Wetlands•
MS4 Toolkit. This education toolkit was funded by a grant through the MPCA to the Washington
Conservation District.
•
Best Management Practices
General
Minnesota Stormwater Manual•
National Stormwater Best Management Practices (BMP) Database •
EPA National Menu of Best Management Practices for Stormwater Phase II •
Protecting Water Quality in Urban Areas - MPCA Stormwater Best Management Practices Manual•
Plants for Stormwater Design •
Metropolitan Council Environmental Services - "Urban Small Sites Best Management Practices Manual" •
Center for Watershed Protection - "Stormwater Practices For Cold Climates" •
Water Resources Center - Assessment of Stormwater Best Management Practices Manual •
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Pollution prevention/good housekeeping
Swimming Pool and Hot Tub Discharges Best Management Practices•
Illicit discharge, detection and elimination
U.S. EPA Guidance •
Center for Watershed Protection IDDE Manual (2004)•
Stormwater Financial Assistance
The MPCA has various opportunities for receiving grants or loans for stormwater projects in Minnesota. Visit the
following MPCA Web pages for information on water-related financial assistance:
Funding for Wastewater and Stormwater•
Other Financial Assistance Opportunities — Grants and Loans•
Minnesota Stormwater Utility Survey •
New MS4 General Permit: Overview of Changes•
Guidance for Municipal Stormwater Funding •
Links to Additional Information
Information for MS4s
EPA Stormwater Phase II Final Rule - Fact Sheet Series •
National Pollutant Discharge Elimination System (NPDES) Stormwater Phase II Final Rule •
National Service Center for Environmental Publications (NSCEP) •
Stormwater Managers Resource Center •
Center for Global Environmental Education •
Stormwater Program for Construction Activity •
Stormwater Program for Industrial Activity •
University of Minnesota Impervious Cover and Updated Land Cover (2000) interactive maps •
Watershed Partners Public Education Tools •
NPDES Phase II Stormwater Program•
Environmental Stress from Urban Stormwater •
Information for Citizens
Duluth•
Twin Cities •
Rochester •
Water for Life •
Staff Contacts
For more information regarding the MS4 Stormwater Program, please contact the following staff. If outside the
metro area, please call 1-800-657-3864.
Supervisor:Dale Thompson , 651
-757-2776
Permit writer:Louis Flynn , 651-757
-2364
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Technical assistance:Keith
Cherryholmes ,
651-757-2270
Scott Fox , 651-
757-2368
Joyce Cieluch ,
218-846-7387
Anna Kerr , 651-
757-2488
Amy Garcia , 651-
757-2377
Compliance/enforcement:Brian Gove , 651-757-
2397
Application processing Wendy Gardner-
Pritchard , 651-
757-2090
MS4 Permit History
Minnesota’s new MS4 General Permit (MNR040000) became effective June 1, 2006.
The MPCA issued the original MS4 General Permit in June 2002. In July 2002, Minnesota Center for
Environmental Advocacy (MCEA) filed an appeal of the permit. MCEA alleged several deficiencies, including: the
inappropriate use of general versus individual permits, failure to address non-degradation issues, and the lack of
adequate public participation and monitoring requirements.
In March 2003, over 200 owners and operators of small MS4s in urbanized areas applied for general permits,
and began or expanded existing programs and practices to reduce stormwater runoff.
On May 6, 2003, the Minnesota Court of Appeals ruled that the use of general permits and best management
practices was appropriate, and that the monitoring required in the permit was adequate. The court ruled that the
use of general permits and best management practices was appropriate, and that the monitoring required in the
permit was adequate. The court also called for the opportunity for public comment and public hearing on each
permittee’s proposed stormwater pollution prevention program, required the MPCA to determine if additional
control measures are necessary if the permittee has new or expanded discharges, and ruled that the language of
Minnesota’s permit must follow federal language and require permittees to “reduce” (instead of “minimize”)
pollutants. The complete opinion is available on the Minnesota Court of Appeals Web site.
Revisions were made to the permit to address the courts’ ruling. A draft permit was placed on a 30-day
public notice comment period that began February 28, 2005. The comment period was extended until April 15,
2005. Two public information meetings on the draft permit were held during the comment period.
Numerous written comments were received during the comment period. After reviewing and considering all
comments received, the MPCA made additional revisions to the draft permit to clarify permit requirements.
On February 28, 2006, the MPCA Citizens’ Board denied a request for a contested case hearing and approved the
revised permit. The new permit became effective June 1, 2006.
New MS4 General Permit: Overview of Changes•
Guidance for Municipal Stormwater Funding •
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The new permit addresses the requirements of the courts’ ruling and provides public notice and opportunity for
hearing on each SWPPP, addresses nondegradation for all waters (permit Parts X and XI), and follows federal
language to “reduce” pollutants. The signed permit and other Board related documents are provided below.
General NPDES/SDS Permit MNR040000 for Municipal Separate Storm Sewer Systems (MS4s) •
Findings of Fact, Conclusions of Law, and Order •
Board Item for February 28, 2006•
MPCA Response to Comments on the Draft General NPDES/SDS Permit for Municipal Separate Storm
Sewer Systems (MS4s)
•
Draft General NPDES/SDS Permit MNR040000 for Municipal Separate Storm Sewer Systems (MS4s)
with revisions identified (since 2/28/05 draft permit)
•
General NPDES Permit for MS4s Fact Sheet•
Last modified on Thursday, May 27, 2010 5:09 PM
Minnesota Pollution Control Agency | 651-296-6300, 800-657-3864 | webteam.pca@state.mn.us
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