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2010-07-08 Council Agenda Packet
Agenda Corcoran City Council July 08, 2010 - 7:00 PM The City Council may call for a brief Closed Meeting at some point during the Regular Council Meeting to review the real estate RFP Proposals submitted to the city and outlined in Item 10a.ii of this agenda 1. Call to Order / Roll Call 2. Pledge of Allegiance 3. Agenda Approval 4. Open Forum 5. Presentations a. Northwest Hennepin Human Services Council (NHHSC) Annual Update* 6. Planning Business / Landform a. Minutes of 7/1/2010 meeting b. Request for Ag Preserve Designation for Edmund Cain Family Farms at 20913 CSAH 10 (City File 10-003). Continued from the 6/24/2010 Council Meeting* 7. Engineering / Wenck a. Update on TIF Project-Review Report from Financial Advisors and Bond Counsel* 8. Consent Agenda a. Draft Minutes of 6/24/10 council meeting * b. Motion to “Not Waive” Monetary Limit on Municipal Tort Liability* c. Draft Minutes of 6/24/10 special budget meeting* 9. Staff Reports / Memos a. PD Training Room-EOC Update* b. Ordinance Update Process and Budgets* c. Update on Liquor and Tobacco License Renewal d. Parks and Trails Draft Minutes of June 15, 2010* e. Elections Calendar* 10. Unfinished Business a. PW Facility i. Bonding and Tax Impact Scenarios-Review Report by Financial Advisor* ii. Update on Lease RFP’s Submittal Process b. Award of Memorial Garden Construction Bids* 11. New Business 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 Fax: 612-252-9077 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 30, 2010, 2010 for the July 8, 2010 City Council Meeting RE: Request for Metropolitan Agricultural Preserve Designation for approximately 242 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. June 24th Council Review At the June 24th meeting the Council voted unanimously to recommend approval of the Agricultural Preserve designation for the western two parcels totaling 158.71 acres (PID 22-119-23-11-0003 and 22-119-23-12-001). The Council debated at length the impact of allowing all 4 of these parcels into the Agricultural Preserve program because they are located in the MUSA and are located along Meister Road, which is planned to be upgraded in the future. MN Statute 473H.11 states that “Public sanitary sewer systems, public storm water sewer systems, public water systems, public roads, and other public improvements built on, adjacent to, or in the vicinity of agricultural preserves after August 1, 1993, are deemed of no benefit to the land and buildings in agricultural preserves.” Therefore, the planned improvements could not be assessed against any property that is in the program. The Council tabled action on the two remaining parcels totaling 82.83 acres (PID 14-119-23-34-0001 and 23-119-23-21-0002) and directed staff to: a) Provide the statutory requirements for removing land from the agricultural preserve program. A copy of MN Statute 473H.11 (Metropolitan Agricultural Preserves) is attached along with the 2010 Agricultural Preserve Amendment that was approved as Sec. 24 of the Omnibus Tax Bill. The 2010 amendment extends the application date to August 1, 2010 for this year only. Section 473H.08 describes how either the authority (the city) or landowner can initiate expiration, but both would be 8 years from the date of notice. Section 473H.09 provides an early termination in the event of a public emergency via an executive order by the governor. The definition of public emergency is defined by Section 12.01 to 12.46 of MN Statutes very narrowly. Agenda Item 6.b Cain Agricultural Preserve Designation (city file 10-003) 2 June 30, 2010 b) Provide the tax implication for the landowner of the land being 1) in ag preserve, 2) in green acres or 3) neither. Staff contacted City Assessor Ann Risch who coordinated with Hennepin County to determine the tax impacts. They indicate that the tax on these two parcels would be virtually identical if they were enrolled in either the Ag Preserve program or the Green Acres program (approx. $600 for 14-119- 23-34-0001 and approx. $700 for parcel 23-119-23 21 0002) and approximately 5 times that if the land were not enrolled in either program (approx. $3,400 for 14-119-23 34 0001 and approx. $3,700 for 23-119--23 21). I have attached the email from the city assessor, which also indicates that the County Assessor would consider allowing enrollment in Green Acres for these parcels if the Ag Preserve is denied even though the deadline has passed since the landowner was pursuing Ag Preserve. c) Provide aerial photos to show the character of the land. Aerial photos have been added to the Location Map for Council review. 3. 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. 4. 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. 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 Cain Agricultural Preserve Designation (city file 10-003) 3 June 30, 2010 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, historically, the statutes required enrollment before March 1st of any given year to receive the property tax benefits payable in the following year. In the 2010 Omnibus Tax bill, the Legislature approved a change to require that applications be received prior to June 1st, but allowed until August 1st in 2010 only. The landowner is requesting enrollment and providing notice of withdrawal at the same time, so if the request is approved, the applicant would be entered into the program immediately and be removed from the program in 2018. 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. 5. Conclusion 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. Staff has also drafted a resolution for denial based on the finding that the land is in the MUSA where public improvements are planned. Cain Agricultural Preserve Designation (city file 10-003) 4 June 30, 2010 6. Recommendation The City Council should take one of the following actions: a. Move to adopt Resolution 2010-30 Approving designation of these two parcels as Agricultural Preserve to be withdrawn in 8 years and amend the 2030 Future Land Use Plan map accordingly. Or b. Move to approve Resolution 2010-30 Denying the request for designation as Agricultural Preserve is not desirable, given the location within the Metropolitan Urban Service Area (MUSA) boundary. Attachments 1. Resolution 2010-30 for Approval 2. Resolution 2010-30 for Denial 3. Location Map 4. Draft Land Use Map 5. Draft Sewer Staging Map 6. Draft Transportation Map 7. Draft Natural Resources Map 8. Draft Water Resources Map 9. Emails from City Assessor dated June 30, 2010 10. MN Statute 473H 11. Sec. 24 of the 2010 Omnibus Tax bill amending 473H.05, Subd. 1 12. Agricultural Preserve Application RESOLUTION NO. 2010-30 Motion By: Seconded By: A RESOLUTION APPROVING A REQUEST FOR METROPOLITAN AGRICULTURAL PRESERVE DESIGNATION FOR 82.83 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 below are hereby designated as Agricultural Preserve: Parcel A (PID 14-119-23-34-0001) SE ¼ of SW ¼ of Section 14, Township 119, Range 23, except road, Corcoran, MN Parcel B (PID 23-119-23-21-0002) That part of the NE ¼ of the NW ¼ of Section 23, Township 119, Range 23 lying East of the West 160 feet thereof and that part of the West 160 feet thereof and that part of the west 160 feet of said NE ¼ of the NW ¼ lying north of the south 400 feet thereof also the north 466.62 feet of the east 466.62 feet of the SE ¼ of the NW ¼ of said Section 23 except roads, Corcoran, MN 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 2010-30 Page 2 ADOPTED by the City Council this 8th day of July 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 NO. 2010-30 Motion By: Seconded By: A RESOLUTION DENYING A REQUEST FOR METROPOLITAN AGRICULTURAL PRESERVE DESIGNATION FOR 82.83 ACRES OF LAND OWNED BY EDMUND CAIN FAMILY FARMS WHEREAS, the owners of the described parcels have made official application for their designation as an agricultural preserve; and WHEREAS, the below described parcels are located within the Metropolitan Urban Service Area (MUSA); WHEREAS, the parcels are located in the 2030 Sanitary Sewer Service Staging Plan of the City’s Comprehensive Plan; WHEREAS, the parcels are located adjacent to Meister Road, which is planned to be upgraded as a Major Collector Road as part of the 2030 Comprehensive Plan; WHEREAS, the Agriculture Preserve designation would be inconsistent with the 2030 Comprehensive Plan and the requirements regarding size, covenants, development density and other stipulations. 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 below are hereby denied for designation as Agricultural Preserve: Parcel A (PID 14-119-23-34-0001) SE ¼ of SW ¼ of Section 14, Township 119, Range 23, except road, Corcoran, MN Parcel B (PID 23-119-23-21-0002) That part of the NE ¼ of the NW ¼ of Section 23, Township 119, Range 23 lying East of the West 160 feet thereof and that part of the West 160 feet thereof and that part of the west 160 feet of said NE ¼ of the NW ¼ lying north of the south 400 feet thereof also the north 466.62 feet of the east 466.62 feet of the SE ¼ of the NW ¼ of said Section 23 except roads, Corcoran, MN Resolution 2010-30 Page 2 ADOPTED by the City Council this 8th day of July 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 Edmund Cain Family Farms Location Map Agriculture Preserve Designation Request 4 SITE Ag Preserve approved 06-24-10 SITE SITE Ag Preserve approved 06-24-10 SITE CO RD NO 10 Meister RoadCain Road 0 1,300 2,600650 Feet ROAD SCHUTTE GLEASON ROAD JUBERT LAKE MEISTER ROAD O L D S E T T L E R S R D HORSESHOE TRAIL STI E G R D WILLOW DRIVEHACKAMORE ROADTRAIL HAVEN ROADCAIN ROADOAKDALE D R STREHLER ROAD PI O N E E R T R COUNTY ROAD 117 ROLLLING HILLS RDLARKIN RD (62ND AVE N) TOWNSHIP OF HASSAN CITY OF GREENFIELDCITY OF MAPLE GROVECITY OF MEDINA SCOTT LAKEBECHTOLD ROADEiGH EsGH E¢GH IïKL IöKL EiGH E¼GH EsGH MORIN LAKE GOOSE LAKE COOK LAKE RUS H C R E E K 3/23/2013 3/12/2012 2/22/2009 3/12/2012 3/12/2012 3/12/2012 2/22/2009 2/22/2009 2/11/2011 2/22/2009 3/23/2013 3/12/2012 2/22/2009 October 7, 2009 Draft 2030 FutureLand Use Plan I:/504/50408144/GIS/ComPlan/Maps/2030 flu1.mxd 4 3,000 0 3,0001,500 Feet City ofCORCORAN 2030 Comprehensive Plan Figure 9 City Limit Staging Boundaries Wetlands Rural/Ag Residential Existing Residential Low Density Residential Medium Density Residential Mixed Residential High Density Residential Rural Service/Commercial Commercial Mixed Use Business Park Light Industrial Public/Semi-Public Parks/Open Space Golf Course Agricultural Preserve (Date of Expiration) Open Water *The Future Land Use plan depicts the location and intensity of future development through a variety of land use types. This plan is intended to guide future development however the City has discretion to amend (with Metropolitan Council approval) the plan in response to landowner/ developer requests or response to other system plans. ROADSCHUTTEGLEASON ROADJUBERTLAKEMEISTER ROADOLD SETTLE RS RD HORSESHOE TRAILSTIEG RDWILLOW DRIVETRAIL HAVEN ROADCAIN ROADOAKDALE DRSTREHLER ROADPIONEER TRROLLLING HILLS RDLARKIN RDCITY OF GREENFIELDCITY OF MAPLE GROVESCOTT LAKEBECHTOLD ROADEiGHEsGHE¢GHIïKLIöKLEiGHE¼GHEsGHMORINLAKEGOOSELAKECOOKLAKERUSH CREEKOctober 7, 2009Draft 2030 Sanitary SewerService Staging PlanI:/504/50408144/GIS/ComPlan/Maps/2030 staging.mxd43,00003,0001,500FeetCity ofCORCORAN2030 Comprehensive PlanFigure 10City Limit2030musaWetlandsSanitary Sewer Service Staging2010 - 20152015 - 20202020 - 20252025 - 2030*The staging plan represents a progression of sewer that is based on location of planned Metropolitan Interceptors and where the first sewered growth is anticipated to occur, however the City does not commit to it occurring. Trail La81st PlPatrick PlNystrom LaMaple LaChisholm TrLily Pond LaSha nnon La Ebert RdDarrel LaW Corcoran TrGarden LaSundance RdElm StJeffe ry La 95th AveFox Valley DrHillside Dr101st AveJonquil LaTrai l La Cain PlBrandywine RdSalem LaMystique DrGinseng La81st PlAbilene LaTessmer RdRobert LaLarson RdFoxline DrMohawk DrHunter RdRolling Hills RdRebecca Park TrMaple Hill RdHage Dr Horseshoe TrHomestead TrWoodland TrBelle S tLarkin RdBrockton PlCounty Hwy 101Kalk Rd93rd Ave NMeister RdCounty Hwy 50County Hwy 10Pioneer TrOld S ettl e rs Rd State Hwy 55Stieg RdCounty Hwy 1997th Ave NStrehler RdBechtold RdOakdale DrCain RdCounty Rd 116JUBERTLAKE(62ND AVE N)CITY OF GREENFIELDCITY OF MAPLE GROVECITY OF MEDINASCOTT LAKEEiGHEsGHE¢GHIïKLIöKLEiGHE¼GHEsGHMORINLAKEGOOSELAKECOOKLAKERUSH CREEKMeadow Creek DrMeadowview DrHeather LaWindmill DrRush Creek B l vdRush Creek DrSunset La109th Ave NHigh Bluff LaTamiami TrO akdale DrHidden Ponds DrHighlandRidge RdSunny Hill LaStieg RdHunters RidgeOswald Farm RdDuffney DrDassel LaRush Meadow LaJackie LaSchutte RdMeister CtSchutte Farm Rd75th Ave NAuger AveCommerce StEagle Ridge RdE Corcoran TrBuckskin TrGarrison RdTrail Haven RdStrehler RdJulie Ann DrWillow DrWinchester TrHorses h o e Bend Dr Jubert LaWagon Wheel LaLakeview Cir70th Ave NBluebonnet DrButter w o r t h L aGleason RdOlde Sturbridge RdHackamore Rd66th Ave N63rd Ave NPotential CR30 Connection toI-94/TH610 &Upgrade to 4-LanePotentialI-94/CR101InterchangePotential Functional Classificationor Funding Designation ChangesPotential Functional Classificationor Funding Designation ChangesProposed CR10RealignmentPotential CR10 Turn BackReclassification of TH55to Principal ArterialCSAH50 RealignmentRealign InterchangeCSAH10 RealignmentOctober 7, 2009TransportationIssue AreasI:/504/50408144/GIS/ComPlan/Maps/trans issues.mxd43,00003,0001,500FeetCity ofCORCORAN2030 Comprehensive PlanFigure 21City LimitOpen Water*Note: Areas represent transportation issues to date and will be discussed further in the transportation chapter. ^_^_!(!(!(ROADSCHUTTEGLEASON ROADJUBERTLAKEMEISTER ROADOLD SETTLE RS RD HORSESHOE TRAILSTIEG RDWILLOW DRIVETRAIL HAVEN ROADCAIN ROADOAKDALE DRSTREHLER ROADPIONEER TRROLLLING HILLS RDLARKIN RDCITY OF GREENFIELDCITY OF MAPLE GROVESCOTT LAKEBECHTOLD ROADEiGHEsGHE¢GHIïKLIöKLEiGHE¼GHEsGHMORINLAKEGOOSELAKECOOKLAKERUSH CREEKOctober 7, 2009Natural ResourceInventory AreasI:/504/50408144/GIS/ComPlan/Maps/NRI.mxd43,00003,0001,500FeetCity ofCORCORAN2030 Comprehensive PlanFigure 4City Limit^_Natural Community of Statewide Significance!(Rare Species Occurence-Potential Connections to Adjacent Resource AreasHigh Quality Natural CommunityNOTE: Due to limitations of map scale, distribution and proportionof Natural Community types within each colored area are approximate.UplandsWetlandsNatural Plant CommunitiesOpen WaterWet PrairieEmergentShrubFloodplain ForestFloodplain(Reed Canary Dominant)StreamsSavanna/PastureMaple/BasswoodOak ForestDisturbed WoodlandOld Field ROADSCHUTTEGLEASON ROADJUBERTLAKEMEISTER ROADOLD SETTLE RS RD HORSESHOE TRAILSTIEG RDWILLOW DRIVETRAIL HAVEN ROADCAIN ROADOAKDALE DRSTREHLER ROADPIONEER TRROLLLING HILLS RDLARKIN RDCITY OF GREENFIELDCITY OF MAPLE GROVESCOTT LAKEBECHTOLD ROADEiGHEsGHE¢GHIïKLIöKLEiGHE¼GHEsGHMORINLAKEGOOSELAKECOOKLAKERUSH CREEK27-165 P27-420 W27-163 W27-493 W27-439 W27-440 W27-120 P27-424 W27-315 W27-1102 W27-441 W27-352 W27-316 W27-422 W27-355 W27-1103 W27-494 W27-167 W27-438 W27-423 W27-319 W27-430 W27-428 W27-436 W27-421 W27-437 W27-314 W27-336 W27-337 W27-353 W27-416 W27-435 W27-348 W27-432 W27-429 W27-317 W27-351 W27-1091 W27-448 W27-318 W27-443 W27-350 W27-426 W27-354 W27-334 W27-433 W27-417 W27-427 W27-361 W27-360 W27-442 W27-335 W27-425 W27-345 W27-1099 W27-434 W27-338 W27-431 W27-490 WOctober 7, 2009Water ResourcesI:/504/50408144/GIS/ComPlan/Maps/water resources.mxd43,00003,0001,500FeetCity ofCORCORAN2030 Comprehensive PlanFigure 6City LimitDNR Public WatercourseOther WatercourseDNR Protected WatersOther Open WaterWetlands from Hennepin County MLCCS Kendra Lindahl From: Ann Risch [arisch.assessor@usgo.net] Sent: Wednesday, June 30, 2010 3:45 PM To: Kendra Lindahl Subject: taxes! Page 1 of 1 6/30/2010 Hi again Kendra , Beth at Hennepin County (who does tax estimates) called back and it looks like I was a bit off. Non GA and non-Ag Preserves on 23-119--23 21 0002 would be about 3700. Non-GA and non Ag Preserves on 14-119-23 34 0001 would be about 3400. I don't know what I was forgetting. Ann Kendra Lindahl Subject: FW: Ag Preserves Page 1 of 1 6/30/2010 From: Ann Risch [mailto:arisch.assessor@usgo.net] Sent: Wednesday, June 30, 2010 11:05 AM To: Kendra Lindahl Subject: Re: Ag Preserves Hi Kendra, LuAnn will try to get an answer by the end of the week for the meaning of the August 1 date. She will call you with it. You could leave a message for her at the 612-348-3046 number if you don't hear from her. I will be out of the office Thursday and Friday. I called Henn Co to get the tax estimate and the estimate for non-Ag and non- Ga was way too high, so I think it was calc'd at 1% and not .5%. I am still waiting to hear on a correction. The tax on Green Acres would be very close to the Ag Preserves Tax. (approx $700 for parcel 23-119-23 21 0002) and (approx $600 for 14-119-23-34-0001). My est was that the taxes if not in either program would be about 4 times higher as the value would be about 4x higher. LuAnn stated that if the Council does not approve the Ag Preserves, the County would probably still consider a Green Acres application (even though past the deadline) since the owners were assuming they were going to be able to continue with Ag Preserves. That would assume , of course, that the Cains filed right away for Green Acres after the Council's determination. thanks, Ann 1 MINNESOTA STATUTES 2009 473H.02 CHAPTER 473H METROPOLITAN AGRICULTURAL PRESERVES 473H.01 CITATION; POLICY; PURPOSE. 473H.02 DEFINITIONS. 473H.03 REQUIRED SIZE OF PARCEL; EXCEPTIONS. 473H.04 AUTHORITY MUST CERTIFY ELIGIBLE PRESERVE LANDS. 473H.05 APPLICATION; COVENANT AGREEMENT. 473H.06 NOTIFICATION. 473H.07 COMMENCEMENT OF PRESERVE. 473H.08 DURATION. 473H.09 EARLY TERMINATION. 473H.10 AD VALOREM PROPERTY TAXES. 473H.11 LIMITATION ON CERTAIN PUBLIC PROJECTS. 473H.12 PROTECTION FOR NORMAL FARM PRACTICES. 473H.13 INACTIVE. 473H.14 ANNEXATION PROCEEDINGS. 473H.15 EMINENT DOMAIN ACTIONS. 473H.16 CONSERVATION. 473H.17 LAND USE. 473H.18 TRANSFER FROM AGRICULTURAL PROPERTY TAX LAW TREATMENT. 473H.01 CITATION; POLICY; PURPOSE. Subdivision 1.Citation.Sections 473H.02 to 473H.17 may be cited as the "Metropolitan Agricultural Preserves Act." Subd. 2.Policy; purpose.It is the policy of the state to encourage the use and improvement of its agricultural lands for the production of food and other agricultural products. It is the purpose of sections 473H.02 to 473H.17 to provide an orderly means by which lands in the metropolitan area designated for long-term agricultural use through the local and regional planning processes will be taxed in an equitable manner reflecting the long-term singular use of the property, protected from unreasonably restrictive local and state regulation of normal farm practices, protected from indiscriminate and disruptive taking of farmlands through eminent domain actions, protected from the imposition of unnecessary special assessments, and given such additional protection and benefits as are needed to maintain viable productive farm operations in the metropolitan area. History:1980 c 566 s 1 473H.02 DEFINITIONS. Subdivision 1.Terms.For purposes of sections 473H.02 to 473H.17 the terms defined in this section shall have the meanings given them. Subd. 2.Agricultural preserve or preserve."Agricultural preserve" or "preserve" means a land area created and restricted according to section 473H.05 to remain in agricultural use. Subd. 3.Agricultural use."Agricultural use" means the production for sale of livestock, dairy animals, dairy products, poultry or poultry products, fur-bearing animals, horticultural or nursery stock, fruit, vegetables, forage, grains, or bees and apiary products. Wetlands, pasture and woodlands accompanying land in agricultural use shall be deemed to be in agricultural use. Subd. 4.Authority."Authority" means the unit of government exercising planning and Copyright © 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2 MINNESOTA STATUTES 2009 473H.03 zoning authority for the land specified in an application as provided under section 473H.05 and pursuant to sections 394.21 to 394.37, 462.351 to 462.364, or 366.10 to 366.19. Where both a county and a township have adopted zoning regulations, the authority shall be the unit of government designated to prepare a comprehensive plan pursuant to section 473.861, subdivision 2. Subd. 5.Certified long-term agricultural land."Certified long-term agricultural land" means land certified pursuant to section 473H.04 as eligible for designation as agricultural preserves. Subd. 6.Covenant."Covenant" means a restrictive covenant initiated by the owner and contained in the application provided for in section 473H.05 whereby the owner places the limitations on specified land and receives the protections and benefits contained in sections 473H.02 to 473H.17. Subd. 7.Long-term agricultural land."Long-term agricultural land" means land in the metropolitan area designated for agricultural use in local or county comprehensive plans adopted and reviewed pursuant to sections 473.175, and 473.851 to 473.871, and which has been zoned specifically for agricultural use permitting a maximum residential density of not more than one unit per quarter/quarter. Subd. 8.Metropolitan area."Metropolitan area" has the meaning given it in section 473.121, subdivision 2. Subd. 9.Owner."Owner" means a resident of the United States owning land specified in an application pursuant to section 473H.05, and includes an individual, legal guardian or family farm corporation as defined in section 500.24, having a joint or common interest in the land. Where land is subject to a contract for deed, owner means the vendor in agreement with the vendee. Subd. 10.Quarter/quarter."Quarter/quarter" means one quarter of one quarter of any section in the rectangular land survey system. Subd. 11. [Repealed, 1999 c 11 art 1 s 72] History:1980 c 566 s 2; 1982 c 523 art 32 s 1,2; 1999 c 11 art 1 s 8 473H.03 REQUIRED SIZE OF PARCEL; EXCEPTIONS. Subdivision 1.40 acres or more.Long-term agricultural land comprising 40 or more acres shall be eligible for designation as an agricultural preserve. Subd. 2.If noncontiguous.Noncontiguous parcels may be included to achieve the minimum acreage requirement in subdivision 1, provided that each parcel is at least ten acres in size and provided that all separate parcels are farmed together as a unit. Copyright © 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 3 MINNESOTA STATUTES 2009 473H.04 Subd. 3.35-acre exception.The minimum acreage requirement in subdivision 1 may be reduced to 35 acres provided the land is a single quarter/quarter parcel and the amount less than 40 acres is due to a public road right-of-way or a perturbation in the rectangular survey system resulting in a quarter/quarter of less than 40 acres. Subd. 4.20-acre exception.Contiguous long-term agricultural land comprising not less than 20 acres and surrounded by eligible land on not less than two sides shall be eligible for designation as an agricultural preserve provided the authority by resolution determines that: (i) the land area predominantly comprises Class I, II, III, or irrigated Class IV land according to the Land Capability Classification Systems of the Soil Conservation Service and the county soil survey; (ii) the land area is considered by the authority to be an essential part of the agricultural region; and (iii) the parcel was a parcel of record prior to January 1, 1980, or the land was an agricultural preserve prior to becoming a separate parcel of at least 20 acres. Subd. 5.Two or more authorities.Contiguous long-term agricultural land meeting the total acreage requirements of this section but located in two or more authorities so that the minimum acreage requirement is not met in one or more of the authorities shall be eligible by joint resolution of the affected authorities. Subd. 6.Owner's adjoining preserve parcel.Contiguous long-term agricultural land not meeting the total acreage requirements of this section but under the same ownership as an agricultural preserve adjoining it on at least one side shall be eligible for designation as an agricultural preserve. History:1980 c 566 s 3; 1989 c 313 s 9 473H.04 AUTHORITY MUST CERTIFY ELIGIBLE PRESERVE LANDS. Subdivision 1.With maps; published notice.Each authority in the metropolitan area having land classified agricultural pursuant to section 273.13 shall 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. No additional lands shall qualify for designation as agricultural preserves until the authority certifies qualification. Subd. 2.When eligibility ends.Land shall cease to be eligible for designation as an agricultural preserve when the comprehensive plan and zoning for the land have been amended so that the land is no longer planned for long-term agricultural use and is no longer zoned for long-term agricultural use, evidenced by a maximum residential density permitting more than one unit per 40 acres. When changes have been made, the authority shall certify by resolution and Copyright © 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 4 MINNESOTA STATUTES 2009 473H.05 appropriate maps which lands are no longer eligible. At least two weeks before the resolution is to be adopted, the authority shall publish a notice of its intended action in a newspaper having a general circulation within the area of jurisdiction of the authority. Subd. 3.Maps to Met Council.The authority shall provide the Metropolitan Council with suitable maps showing any lands certified eligible pursuant to subdivision 1 or decertified pursuant to subdivision 2. The Metropolitan Council shall maintain maps of the metropolitan area showing all certified long-term agricultural lands. History:1980 c 566 s 4; 1982 c 523 art 32 s 3,4 473H.05 APPLICATION; COVENANT AGREEMENT. Subdivision 1.Before March 1 for next year's taxes.An owner or owners of certified long-term agricultural land may apply to the authority with jurisdiction over the land on forms provided by the commissioner of agriculture for the creation of an agricultural preserve at any time. Land for which application is received prior to March 1 of any year shall be assessed pursuant to section 473H.10 for taxes payable in the following year. Land for which application is received on or after March 1 of any year shall be assessed pursuant to section 473H.10 in the following year. The application shall be executed and acknowledged in the manner required by law to execute and acknowledge a deed and shall contain at least the following information and such other information as the commissioner deems necessary: (a) Legal description of the area proposed to be designated and parcel identification numbers if so designated by the county auditor and the certificate of title number if the land is registered; (b) Name and address of owner; (c) An affidavit by the authority evidencing that the land is certified long-term agricultural land at the date of application; (d) A statement by the owner covenanting that the land shall be kept in agricultural use, and shall be used in accordance with the provisions of sections 473H.02 to 473H.17 which exist on the date of application and providing that the restrictive covenant shall be binding on the owner or the owner's successor or assignee, and shall run with the land. Subd. 2.May be fee.The authority may require an application fee, not to exceed $50, to defray administrative costs. Subd. 3. [Repealed, 1999 c 11 art 1 s 72] Subd. 4.Reenrolling.If an owner's property was initially granted agricultural preserve status under subdivision 1 but the owner filed an agricultural preserve termination notice on that property, the owner may reenroll the property in the program as provided in this subdivision. In lieu of the requirements in subdivision 1, the county may allow a property owner to reenroll by Copyright © 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 5 MINNESOTA STATUTES 2009 473H.06 completing a one page form or affidavit, as prepared by the county. The county may require whatever information is deemed necessary, except that approval by the city or township, in which the property is located, shall be required on the form or affidavit. The county may charge the property owner a reenrollment fee, not to exceed $10, to defray any administrative cost. Reenrolling property under this subdivision shall be allowed only if the same property owner or owners wish to reenroll the same property under the same conditions as was originally approved under subdivision 1. History:1980 c 566 s 5; 1982 c 523 art 32 s 5,6; 1986 c 444; 1994 c 587 art 5 s 24; 1999 c 11 art 1 s 9 473H.06 NOTIFICATION. Subdivision 1.Application.Upon receipt of an application, the authority shall determine if all material required in section 473H.05 has been submitted and, if so, shall determine that the application is complete. When used in this chapter, the term "date of application" means the date the application is determined complete by the authority. Within five days of the date of application, the authority shall forward the completed and signed application to the county recorder, and copies to the county auditor, the county assessor, the Metropolitan Council, and the county soil and water conservation district. Subd. 2.Recording; memorialization.The county recorder shall record the application containing the restrictive covenant and return it to the applicant. If the land is registered, the registrar of titles shall memorialize the application containing the restrictive covenant upon the certificate of title. The authority shall be notified by the recorder or registrar of titles that the application has been recorded or memorialized. Subd. 3.Taxes.The county auditor, for taxes payable in the following year and thereafter for the duration of the preserve, shall determine local tax rates, assessments and taxes involving the preserve according to the provisions of section 473H.10. Subd. 4.Validation, assessment.The county assessor, for taxes payable in the following calendar year and thereafter for the duration of the preserve, shall value and assess the agricultural preserve according to section 473H.10. Subd. 5.Maps; reports.The Metropolitan Council shall maintain agricultural preserve maps, illustrating (a) certified long-term agricultural lands; and (b) lands covenanted as agricultural preserves. The council shall make yearly reports to the Department of Agriculture and such other agencies as the council deems appropriate. Subd. 6.Monitoring.County auditors shall maintain records of the taxes assessed and Copyright © 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 6 MINNESOTA STATUTES 2009 473H.08 paid on agricultural preserves in a manner prescribed by the commissioner of revenue for the orderly monitoring of the program. Subd. 7.Conservation problem statements.The county soil and water conservation district may prepare an advisory statement of existing and potential conservation problems for the agricultural preserve land. The statement shall be forwarded to the owner of record and a copy of the statement shall be forwarded to the authority. History:1980 c 566 s 6; 1981 c 356 s 242,248; 1982 c 523 art 32 s 7-9; 1983 c 289 s 115 subd 1; 1987 c 312 art 1 s 26 subd 2; 1988 c 719 art 5 s 84; 1Sp1989 c 1 art 2 s 11; 1993 c 163 art 1 s 33; 1999 c 11 art 1 s 10,11 473H.07 COMMENCEMENT OF PRESERVE. A land area shall be deemed an agricultural preserve and subject to all the benefits and restrictions of sections 473H.02 to 473H.17 commencing 30 days from the date of application. History:1980 c 566 s 7 473H.08 DURATION. Subdivision 1.Till expiration started.Agricultural preserves shall continue until either the landowner or the authority initiates expiration as provided in this section. Subd. 2.Expiration by landowner.A landowner may initiate expiration by notifying the authority on a form provided by the commissioner of agriculture. The notice shall describe the property for which expiration is desired and shall state the date of expiration which shall be at least eight years from the date of notice. The notice and expiration may be rescinded by the owner at any time during the first two years following notice. Subd. 3.Expiration by authority.The authority may initiate expiration by notifying the landowner by registered letter on a form provided by the commissioner of agriculture, provided that before notification (i) the comprehensive plan and the zoning for the land have been officially amended so that the land is no longer planned for long-term agriculture and is no longer zoned for long-term agriculture, evidenced by a maximum residential density permitting more than one unit per quarter/quarter, and (ii) the authority has certified such changes pursuant to section 473H.04, subdivision 2. The notice shall describe the property for which expiration is desired and shall state the date of expiration which shall be at least eight years from the date of notice. Subd. 4.Notice to others.Upon receipt of the notice provided in subdivision 2, or upon notice served by the authority as provided in subdivision 3, the authority shall forward the original notice to the county recorder for recording, or to the registrar of titles if the land is registered, and shall notify the county auditor, county assessor, the Metropolitan Council, and the county soil and water conservation district of the date of expiration. Designation as an agricultural preserve Copyright © 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 7 MINNESOTA STATUTES 2009 473H.10 and all benefits and limitations accruing through sections 473H.02 to 473H.17 for the preserve shall cease on the date of expiration. The restrictive covenant contained in the application shall terminate on the date of expiration. History:1980 c 566 s 8; 1982 c 523 art 32 s 10; 1999 c 11 art 1 s 12 473H.09 EARLY TERMINATION. Termination of an agricultural preserve earlier than a date derived through application of section 473H.08 may be permitted only in the event of a public emergency upon petition from the owner or authority to the governor. The determination of a public emergency shall be by the governor through executive order pursuant to sections 4.035 and 12.01 to 12.46. The executive order shall identify the preserve, the reasons requiring the action and the date of termination. History:1980 c 566 s 9 473H.10 AD VALOREM PROPERTY TAXES. Subdivision 1.Valuation, assessment.Real property within an agricultural preserve shall be valued and assessed pursuant to chapter 273, except as provided in this section. Subd. 2.No nonagricultural factors.All land classified agricultural and in agricultural use, exclusive of buildings, shall be valued solely with reference to its appropriate agricultural classification and value, notwithstanding sections 272.03, subdivision 8, and 273.11. In determining the value for ad valorem tax purposes the assessor shall not consider any added values resulting from nonagricultural factors. Subd. 3.Computation of tax; state reimbursement.(a) After having determined the market value of all land valued according to subdivision 2, the assessor shall compute the net tax capacity of those properties by applying the appropriate class rates. When computing the rate of tax pursuant to section 275.08, the county auditor shall include the net tax capacity of land as provided in this paragraph. (b) The county auditor shall compute the tax on lands valued according to subdivision 2 and nonresidential buildings by multiplying the net tax capacity times the total local tax rate for all purposes as provided in paragraph (a). (c) The county auditor shall then compute the tax on lands valued according to subdivision 2 and nonresidential buildings by multiplying the net tax capacity times the total local tax rate for all purposes as provided in paragraph (a), subtracting $1.50 per acre of land in the preserve. (d) The county auditor shall then compute the maximum ad valorem property tax on lands valued according to subdivision 2 and nonresidential buildings by multiplying the net tax capacity times 105 percent of the previous year's statewide average local tax rate levied on property located within townships for all purposes. Copyright © 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 8 MINNESOTA STATUTES 2009 473H.11 (e) The tax due and payable by the owner of preserve land valued according to subdivision 2 and nonresidential buildings will be the amount determined in paragraph (c) or (d), whichever is less. The state shall reimburse the taxing jurisdictions for the amount of the difference between the net tax determined under this paragraph and the gross tax in paragraph (b). Residential buildings shall continue to be valued and classified according to the provisions of sections 273.11 and 273.13, as they would be in the absence of this section, and the tax on those buildings shall not be subject to the limitation contained in this paragraph. The county may transfer money from the county conservation account created in section 40A.152 to the county revenue fund to reimburse the fund for the tax lost as a result of this subdivision or to pay taxing jurisdictions within the county for the tax lost. The county auditor shall certify to the commissioner of revenue on or before June 1 the total amount of tax lost to the county and taxing jurisdictions located within the county as a result of this subdivision and the extent that the tax lost exceeds funds available in the county conservation account. Payment shall be made by the state on December 26 to each of the affected taxing jurisdictions, other than school districts, in the same proportion that the ad valorem tax is distributed if the county conservation account is insufficient to make the reimbursement. There is annually appropriated from the Minnesota conservation fund under section 40A.151 to the commissioner of revenue an amount sufficient to make the reimbursement provided in this subdivision. If the amount available in the Minnesota conservation fund is insufficient, the balance that is needed is appropriated from the general fund. History:1980 c 566 s 10; 1984 c 593 s 41; 1985 c 300 s 26; 1986 c 398 art 28 s 4; 1986 c 444; 1987 c 396 art 7 s 4; 1988 c 719 art 5 s 84; 1989 c 329 art 13 s 20; 1Sp1989 c 1 art 2 s 11; art 9 s 78; 1990 c 604 art 3 s 42; 1992 c 511 art 2 s 40; 1993 c 375 art 3 s 44 473H.11 LIMITATION ON CERTAIN PUBLIC PROJECTS. Notwithstanding chapter 429, construction projects for public sanitary sewer systems and public water systems benefiting land or buildings in agricultural preserves shall be prohibited. New connections between land or buildings in agricultural preserves and sanitary sewers or water systems shall be prohibited. Public sanitary sewer systems, public storm water sewer systems, public water systems, public roads, and other public improvements built on, adjacent to, or in the vicinity of agricultural preserves after August 1, 1993, are deemed of no benefit to the land and buildings in agricultural preserves. For purposes of this section, "public storm water sewer systems" means any wholly or partially piped system which is owned, operated, and maintained by the authority, that is designed to carry storm water runoff, surface water, or other drainage primarily for the benefit of land which is not in agricultural preserves. History:1980 c 566 s 11; 1993 c 141 s 1 Copyright © 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 9 MINNESOTA STATUTES 2009 473H.15 473H.12 PROTECTION FOR NORMAL FARM PRACTICES. Local governments and counties shall be prohibited from enacting or enforcing ordinances or regulations within an agricultural preserve which would, as adopted or applied, unreasonably restrict or regulate normal farm structures or farm practices in contravention of the purpose of sections 473H.02 to 473H.17 unless the restriction or regulation bears a direct relationship to an immediate and substantial threat to the public health and safety. This section shall apply to the operation of farm vehicles and machinery in the planting, maintenance and harvesting of crops and in the care and feeding of farm animals, the type of farming, and the design of farm structures, exclusive of residences. History:1980 c 566 s 12; 1993 c 141 s 2 473H.13 [Repealed, 1982 c 512 s 17] 473H.14 ANNEXATION PROCEEDINGS. Agricultural preserve land within a township shall not be annexed to a municipality pursuant to chapter 414, without a specific finding by the chief administrative law judge of the state Office of Administrative Hearings that either (a) the expiration period as provided for in section 473H.08 has begun; (b) the township due to size, tax base, population or other relevant factors would not be able to provide normal governmental functions and services; or (c) the agricultural preserve would be completely surrounded by lands within a municipality. This section shall not apply to annexation agreements approved under proceedings authorized by chapter 414 prior to creation of the preserve. History:1980 c 566 s 14; 1982 c 523 art 32 s 11; 2003 c 2 art 5 s 13; 2008 c 196 art 2 s 11 473H.15 EMINENT DOMAIN ACTIONS. Subdivision 1.Follow procedures here.Any agency of the state, any public benefit corporation, any local, county or regional unit of government, or any other entity possessing powers of eminent domain under chapter 117, shall follow the procedures contained in this section before (1) acquiring any land or easement having a gross area over ten acres in size within agricultural preserves; or (2) advancing a grant, loan, interest subsidy or other funds for the construction of dwellings, commercial or industrial facilities, or water or sewer facilities that could be used to serve nonfarm structures within agricultural preserves. Subd. 2.Notice of intent to EQB.At least 60 days prior to an action described in subdivision 1, notice of intent shall be filed with the Environmental Quality Board containing information and in the manner and form required by the Environmental Quality Board. The notice of intent shall contain a report justifying the proposed action, including an evaluation of alternatives which would not require acquisition within agricultural preserves. Copyright © 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 10 MINNESOTA STATUTES 2009 473H.16 Subd. 3.EQB review.The Environmental Quality Board, in consultation with affected units of government, shall review the proposed action to determine the effect of the action on the preservation and enhancement of agriculture and agricultural resources within the preserves and the relationship to local and regional comprehensive plans. Subd. 4.EQB order.If the Environmental Quality Board finds that the proposed action might have an unreasonable effect on an agricultural preserve or preserves, the Environmental Quality Board shall issue an order within the 60-day period for the party to desist from such action for an additional 60-day period. Subd. 5.Hearing.During the additional 60-day period, the Environmental Quality Board shall hold a public hearing concerning the proposed action at a place within the affected preserve or otherwise easily accessible to the preserve upon notice in a newspaper having a general circulation within the area of the preserves, and individual notice, in writing, to the municipalities whose territory encompasses the preserves, the agency, corporation or government proposing to take the action, and any public agency having the power of review of or approval of the action, in a manner conducive to the wide dissemination of the findings to the public. Subd. 6.Joint review.The review process required in this section may be conducted jointly with any other environmental impact review conducted by the Environmental Quality Board. Subd. 7.AG may sue to enjoin.The Environmental Quality Board may request the attorney general to bring an action to enjoin any agency, corporation or government from violating the provisions of this section. Subd. 8.Does not apply to emergency.This section shall not apply to an emergency project which is immediately necessary for the protection of life and property. Subd. 9.EQB suspension.The Environmental Quality Board shall be empowered to suspend any eminent domain action for up to one year which it determines to be contrary to the purposes of sections 473H.02 to 473H.17 and for which it determines there are feasible and prudent alternatives which have less negative impact on the agricultural preserves. Subd. 10.When agricultural preserve ends.The agricultural preserve designation and all benefits and limitations accruing through sections 473H.02 to 473H.17 for the preserve and the restrictive covenant for that portion of the preserve taken, shall cease on the date the final certificate is filed with the court administrator of district court in accordance with section 117.205. History:1980 c 566 s 15; 1982 c 523 art 32 s 12; 1Sp1986 c 3 art 1 s 82 473H.16 CONSERVATION. Subdivision 1.Unsound conservation practices described.Land within an agricultural preserve shall be farmed and otherwise managed according to sound soil and water conservation Copyright © 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 11 MINNESOTA STATUTES 2009 473H.17 management practices. Management practices which are not sound shall be any use of the land resulting in wind or water erosion in excess of the soil loss tolerance for each soil type as found in the United States Soil Conservation Service, Minnesota Technical Guide. Subd. 2.Enforcement.The authority shall be responsible for enforcing this section. Upon receipt of a written complaint stating the conditions or land management practices which are believed to be in violation of this section, the authority shall consult with the county soil and water conservation district. The district shall determine the average soil loss in tons per acre per year for each field cited in the complaint according to the universal soil loss equation and the wind erosion equation, and shall return to the authority a report showing the average soil loss in tons per acre per year for each field and a list of alternative practices that the landowner can use to reduce the soil loss to the limit allowed in subdivision 1. After consultation, and if in the judgment of the authority the land is not being managed properly as required by this section, the authority shall adopt a resolution to this effect and shall seek corrective measures from the owner. At the request of the landowner, the district shall assist in the planning, design and application of the practices selected to reduce the soil loss to an acceptable level and shall give such landowners a high priority for providing technical and cost share assistance. Subd. 3.Civil penalty.Any owner who fails to implement corrective measures to the satisfaction of the authority within one year of notice from the authority shall be subject to a civil penalty of not more than $1,000. The authority may recover the penalty by a civil action in a court of competent jurisdiction. Subd. 4.Costs.Costs incurred by the authority in the enforcement of this section may be charged to the property owner. Charges not timely paid may be placed on the tax rolls and collected as a special assessment against the property. History:1980 c 566 s 16; 1982 c 523 art 32 s 13 473H.17 LAND USE. Subdivision 1.For agricultural production.Land within an agricultural preserve shall be maintained for agricultural production. The average maximum density of residential structures within an agricultural preserve shall not exceed one unit per 40 acres. The location of any new structure shall conform to locally applicable zoning regulations. Commercial and industrial uses shall not be permitted except as provided in subdivision 2 after the user is issued a permit by the authority. The authority shall be responsible for enforcing this section. Subd. 1a.Allowed commercial and industrial operations.(a) Commercial and industrial operations are not allowed on land within an agricultural preserve except: (1) small on-farm commercial or industrial operations normally associated with and important to farming in the agricultural preserve area; Copyright © 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 12 MINNESOTA STATUTES 2009 473H.18 (2) storage use of existing farm buildings that does not disrupt the integrity of the agricultural preserve; and (3) small commercial use of existing farm buildings for trades not disruptive to the integrity of the agricultural preserve such as a carpentry shop, small scale mechanics shop, and similar activities that a farm operator might conduct. (b) "Existing" in paragraph (a), clauses (2) and (3), means existing on August 1, 1987. Subd. 2.Density restriction after subdivision.When a separate parcel is created for a residential structure, commercial, or industrial use permitted under subdivision 1, the parcel shall cease to be an agricultural preserve unless the eligibility requirements of section 473H.03 are met. However, the separate parcel shall remain under the maximum residential density restrictions in effect for the original preserve at the time it was placed into the preserve until the agricultural preserve status for the original parcel ends. History:1980 c 566 s 17; 1987 c 396 art 7 s 5-7 473H.18 TRANSFER FROM AGRICULTURAL PROPERTY TAX LAW TREATMENT. When land which has been receiving the special agricultural valuation and tax deferment provided in section 273.111 becomes an agricultural preserve pursuant to sections 473H.02 to 473H.17, the recapture of deferred tax and special assessments, as provided in section 273.111, subdivisions 9 and 11, shall not be made. Special assessments deferred under section 273.111 shall continue to be deferred for the duration of the preserve. For purposes of this section, "deferred special assessments" shall include the total amount of deferred special assessments under section 273.111 on the property, including any portion of the deferred special assessments which have not yet been levied at the time the property transfers to the agricultural preserves program under this chapter. All special assessments so deferred shall be payable within 90 days of the date of expiration unless other terms are mutually agreed upon by the authority and the owner. In the event of early termination of a preserve or a portion of it under section 473H.09, all special assessments accruing to the terminated portion plus interest shall be payable within 90 days of the date of termination unless otherwise deferred or abated by executive order of the governor. In the event of a taking under section 473H.15 all special assessments accruing to the taken portion plus interest shall be payable within 90 days of the date the final certificate is filed with the court administrator of district court in accordance with section 117.205. History:1982 c 523 art 32 s 14; 1Sp1986 c 3 art 1 s 82; 1994 c 587 art 5 s 25 Copyright © 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 29 LAWS of MINNESOTA for 2010 Ch. 389, Art. 1 unless owners of 25 50 percent or more of the housing units subject to the proposed fee file a petition requesting a public hearing on the proposed fee with the city clerk or other appropriate official. EFFECTIVE DATE.This section is effective for petitions filed beginning July 1,2010. Sec. 23. Minnesota Statutes 2008, section 428A.18, subdivision 2, is amended to read: Subd. 2.Requirements for veto.If residents of 35 45 percent or more of the housing units in the area subject to the fee file an objection to the ordinance adopted by the city under section 428A.13 with the city clerk before the effective date of the ordinance, the ordinance does not become effective. If owners of 35 45 percent or more of the housing units' tax capacity subject to the fee under section 428A.14 file an objection with the city clerk before the effective date of the resolution, the resolution does not become effective. EFFECTIVE DATE.This section is effective beginning July 1,2010. Sec. 24. Minnesota Statutes 2008, section 473H.05, subdivision 1, is amended to read: Subdivision 1.Before March June 1 for next year's taxes.An owner or owners of certified long-term agricultural land may apply to the authority with jurisdiction over the land on forms provided by the commissioner of agriculture for the creation of an agricultural preserve at any time. Land for which application is received prior to March June 1 of any year shall be assessed pursuant to section 473H.10 for taxes payable in the following year. Land for which application is received on or after March June 1 of any year shall be assessed pursuant to section 473H.10 in the following year. The application shall be executed and acknowledged in the manner required by law to execute and acknowledge a deed and shall contain at least the following information and such other information as the commissioner deems necessary: (a) Legal description of the area proposed to be designated and parcel identification numbers if so designated by the county auditor and the certificate of title number if the land is registered; (b) Name and address of owner; (c) An affidavit by the authority evidencing that the land is certified long-term agricultural land at the date of application; (d) A statement by the owner covenanting that the land shall be kept in agricultural use, and shall be used in accordance with the provisions of sections 473H.02 to 473H.17 which exist on the date of application and providing that the restrictive covenant shall be binding on the owner or the owner's successor or assignee, and shall run with the land. EFFECTIVE DATE.This section is effective the day following final enactment, except that in 2010 the application date in this section shall be extended to August 1. Sec. 25. Minnesota Statutes 2008, section 477A.17, is amended to read: 477A.17 LAKE VERMILION STATE PARK AND SOUDAN UNDERGROUND MINE STATE PARK; ANNUAL PAYMENTS. Copyright © 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 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. City of Corcoran City Council Meeting Minutes June 24, 2010 8a. The Corcoran City Council met on June 24, 2010, at City Hall in Corcoran, Minnesota. Present were, Mayor Guenthner, Councilor Gmach, Councilor Hudok, Councilor Milbrandt, and Councilor Thomas. Also present were City Administrator Donahue, Corporal Hamilton, Public Works Superintendent Meister, City Engineer Torve, City Planner Lindahl and Deputy Clerk Heinecke. Mayor Guenthner 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 Hudok, seconded by Gmach to approve the agenda as presented. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 5:0). Public Hearing on MS4 Stormwater Permit Public Hearing was opened – Engineer Torve presented a history of MS4 permit requirements. Required reports will be submitted by the city. No public comment. Public Hearing was closed. 4. Open Forum None 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 MOTION: made by Gmach, seconded by Thomas to approve Resolution 2010-27 as amended to include only the following parcels Parcel A (PID 22-119-23-11-0003) E ½ of NE ¼ of Section 22, Township 119, Range 23, except roads, Corcoran, MN Parcel B (PID 22-119-23-12-0001) W ½ of NE ¼ of Section 22, Township 119, Range 23, except roads, Corcoran, MN Voting Aye: Guenthner, Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 5:0). MOTION: made by Thomas, seconded by Milbrandt to table a decision on the east parcels of the original request pending further research. Voting Aye: Guenthner, Milbrandt, and Thomas Voting Nay: Gmach, Hudok. (Motion carried 3:2). 7. Engineering / Wenck a. Administrator Donahue provided council with a memo from Northland Securities. Council will review and discuss further at the 7/8/10 council meeting. b. Shannon Lane Project-Approve Change Order #2 and accept project MOTION: made by Gmach, seconded by Hudok to approve change order # 2 and authorize final payment to G.L. Contracting for the Shannon Lane project. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 5:0). 8. Consent Agenda a. Draft Minutes of 06/10/10 City Council meeting b. Resolution 2010-28 Approving Gambling Application – Hennepin County Sheriff c. Approval of Agreement with Gallagher-Handling of Health Privacy Information (HIPAA Privacy Rules) MOTION: made by Hudok, seconded by Thomas to approve the consent agenda as presented. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 5:0). 9. Staff Reports / Memos a. Delinquent Tax Report from Hennepin County b. Met Council Estimate on Population and Households c. Development Review Committee Report City of Corcoran City Council Meeting Minutes June 24, 2010 8a. d. Status of CGO Grant Funds - $12,000 received. e. City Newsletter-Schedules and Article Ideas 10. Unfinished Business a. PW Facility Update Paul Donna – Northland Securities will provide additional financial data at the 7/8/10 council meeting. RFP’s for potential facility lease due July 1, 2010. 11. New Business a. Resolution 2010-25 Approving Liquor and Tobacco License’s MOTION: made by Gmach, seconded by Hudok to approve Resolution 2010-25 as presented. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 5:0). b. Parks & Trails Commission-Request for $150 Expenditure MOTION: made by Gmach, seconded by Hudok to approve Parks & Trails Commission $150.00 expenditure request. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 5:0). c. Resolution 2010-26 Appointing Election Judges MOTION: made by Thomas, seconded by Milbrandt to approve Resolution 2010-26 as presented. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 5:0). 12. Claims as Presented a. Escrow Claims (Fund #500) MOTION: made by Hudok, seconded by Thomas to approve escrow claims as presented. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 5:0). b. Building Inspections Claims MOTION: made by Gmach, seconded by Hudok to approve building inspection claims as presented. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 5:0). c. All Other Claims As Presented MOTION: made by Thomas, seconded by Hudok to approve all other claims as presented. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 5:0). 13. Unscheduled Items a. Councilor Milbrandt suggested further discussion about a city booth at the Corcoran Country Daze Celebration. MOTION: made by Thomas, seconded by Hudok to adjourn. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 5:0). Meeting adjourned at 8:15 pm _____________________________ Daniel Donahue, City Administrator Corcoran City Council Special Budget Meeting Minutes June 24, 2010 8c. The Corcoran City Council met on June 24, 2010, at City Hall in Corcoran, Minnesota. Present were, Mayor Guenthner, Councilor Gmach, Councilor Hudok, Councilor Milbrandt, and Councilor Thomas. Also present were City Administrator Donahue, Corporal Hamilton, Public Works Superintendent Meister, Office Manager Smith-Arens and Deputy Clerk Heinecke. Mayor Guenthner called the meeting to order at 6:20 pm Mayor suggested starting with open discussion giving staff a sense of the council’s budget priorities. • Ways to manage code enforcement • Review home occupation process • Rent & operating costs for Public Works facility • Benefit costs • Wage freeze - inform public • Peer group comparison for wages • TIF project plans impact on budget • Quantify Public Works safety issues • Cost to repair safety issues at current Public Works facility • Bond issues - capital projects • Permitted uses of Park Dedication funds • Furlough ideas • Delinquent tax impact on budget Motion by Milbrandt, second by Hudok to adjourn the special budget meeting at 7:00 pm. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 5:0). _____________________________ Daniel Donahue, City Administrator 9a. City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2010-29 Motion By: Seconded By: A RESOLUTION ACCEPTING A DONATION OF CASH FROM DAN AND ARLYS PETERSON WHEREAS, Dan and Arlys Peterson have made a contribution to the City of Corcoran in the amount of $3,500; and WHEREAS, Dan and Arlys Peterson have requested that said contribution be utilized to recognize the Police Department and be earmarked for completion and upgrade of the Police Department Emergency Operation Center (EOC) – training area – meeting room located within the police department. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Corcoran accepts the donation from Dan and Arlys Peterson of $3,500 with much appreciation. VOTING AYE __VOTING NAY__ Guenthner, Ken Guenthner, Ken Thomas, Ron Thomas, Ron Hudok, Chris Hudok, Chris Milbrandt, Roz Milbrandt, Roz George Gmach George, Gmach Whereupon, said Resolution is hereby declared passed on this 8th day of July, 2010. ___________________________ Ken Guenthner, Mayor ATTEST: _____________________________ Daniel J. Donahue, City Administrator City Seal STAFF REPORT / POLICE DEPARTMENT Agenda Item 9a. Council Meeting: July 8, 2010 Prepared By: Chief Sean Gormley Topic: Training Room – EOC Donation Update Action Required: Approve Donation Background – (this is an update to January 14, 2010 CC Mtg Report) It is very humbling for the police department when our citizens take time to write kind letters of thanks and appreciation. Additionally, our department is blessed with wonderful citizens, businesses and civic groups, who assist the city with funding for special projects and superior equipment. These kinds of donations allow the police department to provide the highest level of service to the community. For that, we are deeply appreciative. Early December, the department was approached with an unsolicited donation request. The target project identified was to complete the police department “training room”. What happens in the “training room”? 1. Officers us this area daily for briefing updates and news updates 2. Conduct bi-monthly “all officer” department training - meetings 3. Hosts bi-monthly police-fire meetings 4. Hosts training at various time thought out the year 5. Hosts “meet your police officer” for our cub scouts, boy scouts and girl scouts 6. Identified EOC (Emergency Operations Center) / 1st staging area of EOC 7. Officers use this area for interviews / meeting with residences and victims 8. Hosts a variety of other stall level meetings In 2005, the department expanded the police department facility. Due to limited funds, the expansion plan called for the “shell” of the training room to be completed. But over time, the department would need to work (piece meal) towards completion. What has been completed thus far – 1. Commercial grade conference training table 2. Commercial grades chairs which were refurbished with new material in 2009 3. Electric drop down projection screen 4. DVD player 5. Pre-wired electronic distribution access point for future audio - video feeds 6. 5’ x 20’ white grease board 7. Water Cooler Staff Report / Police Department— Page 2 What is pending – 1. Audio / Video cabinet (unfortunately due to the location – this will require custom built) est. $2,500 (completed – actual cost $3,280) 2. Ceiling mount video projector – which will be fed to the AV distribution point located at the AV cabinet. est. $3,000 (completed – actual cost $3,283.74) 3. Video Monitors (one located in each corner – left & right at front) est. $1,000 each. (Completed – actual cost $1,125.09) We have not gathered specific pricing at this time, but have listed estimated pricing. Added to project – 1. DVD / Blu-ray Player $135.90 2. Electrician labor – install ceiling mount outlet $150.00 Total project expense - $7,974.73 The Peterson Family presented a check to the City of Corcoran on June 21, 2010 in the amount of $3,500 to cover balance of project. The project has a balance of $525.27. I recommend the balance be applied to purchase a LCD monitor for police clerk workstation to view police camera system. Recommendation – Approve Resolution 2010-29, accepting cash donation of $3,500 and approval to apply the balance of funds to police clerk workstation upgrade. 9d. Corcoran Parks and Trails Commission Tuesday, June15, 2010 Meeting Minutes Commissioners Present: Trish Krueger, Robert Vassallo, Thomas Anderson (arrived at 7:45 pm), Val Nybo, Kevin Dale, Rachel Tessmer, Joan Parks, Chad Robran, Commissioners Absent: Tom Cossette, Alt. Commissioner Joe Mailhot, Alt. Commissioner Glen Monzo, Student Commissioner Michelle Hansmann, Student Commissioner Lindsay Jacobs. Other: City Council Liaison Guenthner, Administrator Dan Donahue 1. Chair Krueger called the meeting to order at 7:00 pm in the Corcoran Civic Center. 2. Pledge of Allegiance 3. Approval of: a. Agenda-add: 1. 9a. Picnic Tables 2. 9b. Corcoran Country Days Motion: by Nybo, Second by Parks to accept agenda as amended. Voting Aye: All present (Motion carried 7:0) b. Minutes of 5-18-10. It was noted that TDKA was misspelled. Motion: by Nybo, Second by Tessmer to accept 05.18.10 meeting minutes as presented. Voting Aye: All present (Motion carried 7:0) 4. Open Forum-None 5. Presentations-None 6. Old / Unfinished Business: a. Northern Natural Gas (NNG) representative Liz Babcock was present. She was introduced by Donahue. He told the Commission that she had been invited to the meeting to discuss the possibility of placing trails along the pipeline route. The Commission had requested she come to the meeting to discuss the idea, and what were the possibilities and issues. Me. Babcock answered many question posed by the commissioners. She left stating that the city could: 1. Locate trails along the pipeline providing the city works with the individual property owners (NNG owns easement rights but does not own any of the property where the pipeline is located). 2. The city must adhere to the standards set by NNG when placing trails in the vicinity of the pipe. Ms. Babcock left information on the two points with Donahue. 3. She would share what information she had regarding other cities around the nation that had located trails along their pipeline. b. Bonestroo Agreement. Consultant Tina Goodroad representing Bonestroo was present at the meeting to address the agreement approved by the city council on April 22, 2010. The commission discussed and clarified the what had happened during the 2007 and 2008updating process of the 2004 Parks and Trails Plan that culminated in the draft approval of the 2030 Comp, 9d. Section 7-Parks and Trails Plan. There were questions on the map changes, cost estimates and why/why not to include them in the plan, numbers of neighborhood parks and locations, land costs, etc. At the end of the discussion, the commission directed Ms. Goodroad to: 1. Update the table for planned parks 2. Costs and estimated land costs for park properties both inside and outside the MUSA 3. Update the text in the in the 2030 Comp Plan so that planned parks matches and is consistent the table that outlines the parks to be developed 4. Table of parks not to be included as part of the finished Parks Plan 7. New Business -None 8. Sub-Committee and Miscellaneous Reports a. City Council Liaison. Council member and Mayor Guenthner updated the Commission on council activities. Among the topics covered were: 1. 2011 Budget process. 2. Suggested that the Commission discuss at their next meeting on July 20, 2010 any issues that they would like to bring to the council concerning budgets and finances. 3. TIF Projects. He outlined the progress to date on the city’s efforts to She reminded the Commissioners that the Council would like to see a plan for bring sewer and water infrastructure into the downtown area of thee city. 4. Discussed potential park use issues . Related the recent situation of the high school groups trying to hold an informal team game of some kind without obtaining the necessary permits. He would like the commission to look into the ordinance and fees now in place and possibly update. There followed discussion on recent conduct in the parks. Chair Krueger asked Donahue to invite the Police Chief Sean Gormley and Cpl John Hamilton to the next meeting to discuss issues in the park. b. Athletic Association. Commissioner Dale reviewed the Association’s activities. He did note that there remains the problem of the ball field lights remaining on after activities at night. Commissioners expressed a desire to explore ways to limited the amount of time the light are on. Motion: by Robran, Second by Anderson to request Superintendent Meister explore ways to install timers on the light poles. Voting Aye: All present (Motion carried 8:0) c. Memorial Park. Commissioners discussed at length the Memorial Garden Development Project. Chair Krueger stated that the bids she had collected totaled $61, 259. She said that she thought the council had approved $57,850 [amount is actually $59,860 subsequently verified by Donahue after a review of the council minutes of July 10, 2008 and September 11, 2008]. She also stated that she thought that the Commission needed to stay within the approved budget. All commissioners agreed. Donahue offered to assist in pulling together the bids, review for completeness, organize the process, and assist in presenting to the council as soon as possible so the project both meets all bidding requirements under state law; and the project can start this summer. There was also discussion on the possible rental of the garden and the need to develop a fee schedule. 9d. d. Park Dedication Fund. Commissioners review the updated financial statement proved by city staff. Donahue pointed out that city staff was not able to verify the actual source of the $1,532.81 deposited into the Memorial Garden Fund prior to 12/31/2007. This source of funds was thought to have come from the Pat Pule Family and friends and to be used to assist in the development of the Memorial Park. 9. Other Business. a. Picnic Tables. Donahue updated the Commission on the picnic table replacement. The tables were going to be aluminum and ten would be ordered as previously approved. The only remaining issue was color with the choices being tan, aluminum, and green. After discussion, green was selected as the best color. b. Corcoran Days. Robran updated the Commission on the upcoming Corcoran Days to be held the weekend of August 20-22. Commissioner Anderson brought up the need for some sort of banner that had the name of the Parks and Trails Commission. It was needed for events where the Commission is undertaking activities on behalf of the city such as the Tree Giveaway Program, Corcoran Days booth, etc. Motion: by Krueger, Tessmer to request of the city council $150 to be taken from the City General Fund for the purpose of purchasing a banner. Voting Aye: All present. (Motion carried 8:0) 10. Announcements. None 11. Adjourn Motion: by Anderson, Second by Vassallo to adjourn at 10:00 pm. Voting Aye: All present. (Motion carried 8:0) Respectfully Submitted, Daniel Donahue City Administrator 9e. Page 1 of 6 CITY OF CORCORAN 2010 ELECTION CALENDAR August 10, 2010 – PRIMARY ELECTION November 2, 2010 – GENERAL ELECTION CITY TO ELECT: Mayor – two year term (Guenthner) Two Council Members – four-year term (Hudok, Thomas) Applications for absentee ballots may be taken for primary and general election anytime 46 days prior to election day and must be accepted/rejected up to the day prior to the election. February 2 Precinct Caucuses 7 PM (no governing body meetings held after 6 PM Minn Stat 202A.19 sub. 1) May 1 Mail applications to returning election judges. June (?) In Touch article and website, AB voting requirements, polling place map, municipal candidates on ballot June (early) Send letters to EJs for training session registration June (late) Send confirmation letters to EJs re training session PRIMARY ELECTION DUTIES June 15 Give list of supplies and quantities for supply boxes (complete prior to absentee voting process); set up front desk/rolling cart for Abs June 24 City Council to appoint election judges for elections (25 days prior to ED) June 25 Absentee ballots available (46 days prior to election). June 25 Prepare public accuracy test decks. Test M100s and AutoMarks. June 25 Set up results document (Excel) according to offices on ballot June 30-Aug 10 Within 5 days after receipt of completed absentee ballot(s), ballot board must accept/reject (HF 3111 – MS 203B.08 subd 3); except during 14 days preceding election must deliver all ballots received to the ballot board within 3 days. After 4:30 pm Fri., Aug 6 can begin opening envelopes (MS203B.121 subd 4); remove ballots daily from ballot box; can only count (summary statement) after polls close. 9e. Page 2 of 6 July 1 Send notice to candidates re: political signs; election day campaigning. July 20 Send notice of public accuracy test to Crow Reiver News to be published July 30. July 20 Send sample ballot for primary to Crow River News to be published July 30. July 20 Voter pre-registration for primary closes. July 22 Send reminder notice to candidates re: Campaign Financial Reports Due. July 27 First day to conduct Public Accuracy test. July Prior to EJ training, finalize polling place lists, powerpoint, EJ certificates of training, sign-in sheets. July 2x, 2x Training for election judges. July 30 Notice of public accuracy test published in Crow River News. July 30 Sample ballot for primary published in Crow River News. July 29 Notice of public accuracy test posted in Clerk’s Office (front lobby). August 4 Public Accuracy Test (given within 14 days prior to ED or 7/27-8/9). August 5 Sample ballot for primary posted in Clerk’s Office (front lobby). August 5 Head judge meeting (evening) August 7 City Hall open 10 a.m. to 3 p.m. for absentee voting. August 9 City Hall open until 5 p.m. for absentee voting. Staff delivery of election equipment and supplies to polling places. August 10 Primary Election Polls open 7 a.m. to 8 p.m. Agents may return absentee ballots to City Hall until 3:00 p.m. No public meetings or school events may be held between 6:00 - 8:00 p.m. August 11 Staff pick up and return election equipment and supplies. August 13 City Council to canvass results of Primary at 5 pm. 9e. Page 3 of 6 GENERAL ELECTION DUTIES July 30 Assemble candidate filing packets August 3 Candidate filing period opens Candidacy Filing: 1. Must be eligible voter in Corcoran (18+, US citizen, MN resident for 20 days preceding election) 2. Must be 21 years old or more upon assuming office 3. Must have maintained residence in Corcoran 30 days before general election -Must complete affidavit of candidacy. -Sign name on affidavit as it will appear on ballot -25.00 filing fee (Account Number 100-41941-34100) [filing fee cannot be refunded Minn Stat 204B.11] -Names are placed on ballot by lot (Secretary of State Rule 8220.0825), rotated by precinct code August 17 Candidate filing period closes August 19 Last day for candidate to withdraw (5:00 pm) September 17 Absentee ballots available (46 days prior to election). Oct 2 - 19 Mail abs ballots to registered voters. October 5 Send notice of municipal general election to Crow River New to be published October 15 and 22. October 12 Send notice of public accuracy test to Crow River News to be published October 22. October 12 Send sample ballot for general to Crow River News to be published October 22. October 12 Voter pre-registration for general closes. October 12 Notice of public accuracy test published in Crow River News. October 12 Sample ballot for general published in Crow River News. October 13 Send reminder notice to candidates re: Campaign Financial Reports Due. October 19 First day to conduct Public Accuracy test. October 21 Notice of public accuracy test posted in Clerk’s Office (front lobby). 9e. Page 4 of 6 October 22 Notice of municipal general election posted in Clerk’s Office (front lobby) and posted at polling locations. October 22 Campaign Financial Reports due (10 days before Election). October 25 Send reminder notice to candidate re: Notice of Failure to File Reports. October 28 Public Accuracy Test. October 28 Head Judge Meeting (evening) October 29 Sample ballot posted in Clerk’s Office (front lobby). October 30 City Hall open 10 a.m. to 3 p.m. for absentee voting. November 1 City Hall open until 5 p.m. for absentee voting. November 1 Staff delivery of election equipment and supplies to polling places. November 2 General Election Polls open 7 a.m. to 8 p.m. Agents may return absentee ballots to city until 3:00 p.m. No public meetings or school events may be held between 6:00 p.m. and 8:00 p.m. November 3 Staff pick up and return of election equipment and supplies. November 5-12 City Council to canvass results of General between these dates. November 16 Last day for a candidate to request a recount. November Prepare Certificates of Election November 2-9 County Canvassing Board must select, by lot at a public meeting, the precincts for the Post Election Equipment Review (PEER); 4 precincts for Counties with more than 100,000 registered voters at the County Canvass of the State General Election. November 3-13 PEER Phase 1: The Review must be conducted of the votes cast for President, Governor, U.S. Senator, and U.S. Representative and must consist of a manual count of the ballots used in the precincts selected – the review must be completed no later than 2 days before the meeting of the State Canvassing Board to certify the results of the State General Election. November 4-15 PEER Phase 2, if necessary: If the results of the electronic voting system differ from the results of the manual count by more than one-half of one percent, then a second level of review is necessary. At least 3 additional precincts must be reviewed. If the difference is more than one-half of one percent in any of these precincts, Phase 3 is required. The additional review 9e. Page 5 of 6 must be completed within 2 days after the initial PEER is completed. 9e. Page 6 of 6 $1 Million$1.5 Million$2 Million$2.5 Million$3 Million$3.5 MillionASSUMPTIONSPar Amount:$1,000,000$1,500,000$2,000,000$2,500,000$3,000,000$3,500,000Term:202020202020Average Interest Rate*:3.77%3.77%3.77%3.77%3.77%3.77%Total Interest:$459,138$692,705$924,921$1,155,460$1,386,226$1,616,293Average D/S Levy @ 105%76,605115,117153,558191,912230,277268,605Average D/S Tax Rate**:0.9432%1.4174%1.8907%2.3629%2.8353%3.3072%TAX IMPACTEstimatedAnnualAnnualAnnualAnnualAnnualAnnualMarket ValueTaxTaxTaxTaxTaxTax$200,000$18.86$28.35$37.81$47.26$56.71$66.14$300,000$28.30$42.52$56.72$70.89$85.06$99.22$400,000$37.73$56.69$75.63$94.52$113.41$132.29$500,000$47.16$70.87$94.53$118.15$141.76$165.36$750,000$76.63$115.16$153.62$191.99$230.37$268.71$1,000,000$106.11$159.45$212.70$265.83$318.97$372.06* The estimated interest rate on the bonds represents the current market for tax exempt "A" rated minnesota general obligation bonds.** Based on the City's pay 2010 Adjusted Net Tax Capacity of $8,121,861Annual Property Tax Impact Summary EstimatesCity of Corcoran, MinnesotaGeneral Obligation CIP Bonds (Public Works Facility)20 Year TermNorthland Securities, Inc.Public Finance6/29/2010Page 1 $1 Million$1.5 Million$2 Million$2.5 Million$3 Million$3.5 MillionASSUMPTIONSPar Amount:$1,000,000$1,500,000$2,000,000$2,500,000$3,000,000$3,500,000Term:151515151515Average Interest Rate*:3.35%3.35%3.35%3.35%3.35%3.35%Total Interest:$306,926$458,859$612,601$766,139$919,085$1,072,721Average D/S Levy @ 105%91,485137,120182,882228,630274,336320,090Average D/S Tax Rate**:1.1264%1.6883%2.2517%2.8150%3.3777%3.9411%TAX IMPACTEstimatedAnnualAnnualAnnualAnnualAnnualAnnualMarket ValueTaxTaxTaxTaxTaxTax$200,000$22.53$33.77$45.03$56.30$67.55$78.82$300,000$33.79$50.65$67.55$84.45$101.33$118.23$400,000$45.06$67.53$90.07$112.60$135.11$157.64$500,000$56.32$84.41$112.59$140.75$168.89$197.05$750,000$91.52$137.17$182.95$228.72$274.44$320.21$1,000,000$126.72$189.93$253.32$316.69$380.00$443.37* The estimated interest rate on the bonds represents the current market for tax exempt "A" rated minnesota general obligation bonds.** Based on the City's pay 2010 Adjusted Net Tax Capacity of $8,121,861Annual Property Tax Impact Summary EstimatesCity of Corcoran, MinnesotaGeneral Obligation CIP Bonds (Public Works Facility)15 Year TermNorthland Securities, Inc.Public Finance6/29/2010Page 2 ADMINISTRATOR’S REPORT Agenda Item No. 10b. i. Council Meeting: July 8, 2010 Prepared By: Dan Donahue, Administrator Topic: Memorial Garden Bids Action Required: Approve Bids Policy: Follow state rules on bidding Budget Impact: None-funding already approved Summary: On July 10, 2008 and on September 11, 2008, the City Council received a proposal from the Parks and Trails Commission for the development of a small garden, walkway, and gazebo to be located to the rear of City Hall. Purpose of the garden, titled Memorial Garden, was to honor long time dedicated employees and volunteers to the city; and to provide a park amenity to the residents and citizens of Corcoran. At these meetings, the City Council approved a total budget of $59,860 for the development and implementation of this project. The site plans for the garden were approved at the council meeting of September 11, 2008. At these meetings, specific bids were not presented, considered, or approved for the construction of the Garden. Bids are now being put together to be considered at this council meeting. The project development and bidding categories are broken down as follows: • Concrete work o 20’ x 12’ stamped concrete pad outside the City Hall rear door o Approximately 150’ stamped concrete sidewalk o 26’ x 26 stamped concrete pad with footings for the gazebo • Landscaping o Area around the rear door of City Hall o Area around the gazebo • Electrical o Connecting to power from City Hall o Wiring for lightings and outlets • Low voltage lighting • Watering and Sprinkling of landscaping Staff has been working with the Chair of the Parks and Trails Commission to pull the contractor bids together for each of the categories in a form that meets the state laws regarding bidding and award of bids. Final bids, the amount bid, and a recommendation will be presented to the council at the meeting. Administrator’s Report—July 8, 2010 Council Meeting Page 2 The Parks and Trails Commission reviewed the Memorial Garden development process at their meeting on June 15, 2010. At that meeting, the Commission requested that the City Administrator assist in putting together the bidding process and could be presented to the City Council at the meeting of July 8, 2010. The Commission also stated that it was their intent to complete the project within the budget and amount previously set by the City Council at $59, 840. Bids received to date that I would judge as meeting bidding requirements are: • Landscaping. One received so far and a second one in progress • Concrete. One received to date and one other in progress. • Electrical. Two received. • Low voltage lighting. Two received. • Sprinkling. Staff will buy materials and install rather than contracting out In this packet, I have included the minutes of the Council meeting from 2008 and a paragraph on the general bidding requirement the city must follow. Agenda Memo – July 8, 2010 Page 1 To: Mayor and City Council From: Dan Donahue, City Administrator Regarding: Administrator Notes 4) Open Forum. 5) Presentations. Northwest Hennepin Human Services Council. This is the annual presentation from Corcoran resident and Executive Director of Northwest Hennepin Human Services Council (NWHHSC) Sue Blood. I asked that she include in her presentation the specific value added services provided to the citizens of Corcoran. 6) Planning and Zoning. a) Minutes. Draft Minutes of the July 1, 2010 Planning Commission meeting will be distributed at the council meeting. b) Cain Family Farms. See report from the City Planner. 7) Engineering. Consent a) TIF Projects. At the previous council meeting, I passed out the report from the city’s financial advisor and bond counsel. This is an opportunity to review that report and discuss. 8) Consent Agenda a) Draft Council Minutes of June 24, 2010 b) Draft Special Council Meeting of June 24, 2010 c) Municipal Tort Liability. Every year, the council is required by state law to either waive or accept the tort liability limits set in state law. Every year in the past the city has voted to Not Waive these liability limits. Once again, the recommendation from the insurance advisor and staff is to not waive the limits. 9) Staff Reports. a) PD Training Room. See PD Report and resolution. b) Ordinance Updates Process and Budgets. Invoices to date through this council meeting have totaled $8,910.14. This has almost entirely come from the Bonestroo time spent on the Greenway Committee and related ordinance development. The committee has met seven times for a total cost of approximately $9,300 and $1,250 of in-kind. In you packet is the financial report on what has been billed against the project to date. The pace will be picking up very soon on activities and invoices. Agenda Memo – July 8, 2010 Page 2 10) Unfinished Business. a) PW Facility i) Bonding and Tax Impact Report. I have provided a report from our financial advisors that provide you with information on several scenarios on the financing of a PW Facility. I would like to take a couple of these scenarios that you think might be worth looking into further and apply them to a total city debt service projection. It might be worth looking into what our debt might look like over the next 10 years and what would be the tax impact during those ten years. ii) Update on the lease submittals as of July 1, 2010. I have received information from commercial property owners in the city about the possibility of the city leasing building space for an interim use PW Facility. This information was requested to be into the city no later than July 1, 2010. The lease proposal information provided to the city is not public information. I have not provided that information in this packet. I suggest that you might want to hold a closed meeting to review the information. In the meantime, I will review and summarize the information. I will also prepare a report on the impacts to the city budget if we were to lease under the proposal(s) submitted. I will have available at the council meeting if you choose to hold this closed meeting. b) Memorial Garden bids. I have been working to put all of the bids into proper order. Please review my separate report. Please be aware that I will not have all of the bids in hand until the day of the council meeting. Also, it is possible that the best bids may have come in over the $59.860 previously approved by the council. If so, the intent of the P & T Commission and Chair is to negotiate down with the bidders. If so, I may recommend that we table until the council meeting of July 24th 11) New Business a) XX 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 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 Agenda Memo – July 8, 2010 Page 3 Other June July Aug Sept Oct Nov Upcoming Council Meetings.