Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2022-02-24 Council Agenda Packet
Corcoran City Council Agenda February 24, 2022 - 7:00 pm 1.Call to Order / Roll Call 2.Pledge of Allegiance 3.Agenda Approval 4.Commission Representatives* 5.Open Forum – Public Comment Opportunity 6.Presentations/Recognitions a.Parks and Trails Commission Annual Report b.Watershed Commission Guenthner Presentation* 7.Consent Agenda a.Draft January 27 Council Minutes* b.Financial Claims* c.MS4 Ordinance Amendment* d.City Code Chapter 83 – Clerical Correction* e.Authorize Road Materials* f.Authorize Crop Rental* g.E-Charging JPA & Court Services Amendment Renewal* h.Hennepin County Residential Grant Agreement* i.Resolution 2022-18 Supporting Housing and Local Decision-Making Authority * j.Resolution 2022-19 Police Officer Declaration of PERA Contributions Abigail Edstrom* 8.Planning Business – Public Comment Opportunity a.St. Therese Landscape Variance* b.PUD Sketch Plan for Corcoran Farms Business Park * c.PUD Sketch Plan for Highway 55 Business Park* d.Final Plat and Final PUD for Bellwether 7th Addition* 9.Unfinished Business – Public Comment Opportunity a.2022A Bond Issuance* 10.New Business – Public Comment Opportunity a.Planning Commission Appointments* b.Parks and Trails Commission Appointments* c.Virtual Purchasing and Bidding Policy* d.Municipal Well #1 – Accept Plans and Authorize Bids* e.Crew Leader Appointment and Maintenance Worker Recruitment* f.Liquor License Amendment and Noise Waiver* 11.Staff Reports a.Active Corcoran Planning Applications* 12.2022 City Council Schedule* 13.Adjournment *Includes Materials - Materials relating to these agenda items can be found in the Council Chambers Agenda Packet book located by the entrance. The complete Council Agenda Packet is available electronically on the City website at www.corcoranmn.gov . HYBRID MEETING OPTION AVAILABLE The public is invited to attend the regular Council meetings at City Hall. Meeting Via Telephone/Other Electronic Means Call-in Instructions: +1 312 626 6799 US Enter Meeting ID: 868 7021 2349 Press *9 to speak during the Public Comment Sections in the meeting. Video Link and Instructions: https://us02web.zoom.us/j/86870212349 visit http://www.zoom.us and enter Meeting ID: 868 7021 2349 Participants can utilize the Raise Hand function to be recognized to speak during the Public Comment sections in the meeting. Participant video feeds will be muted. In-person comments will be received first, with the hybrid electronic means option following. For more information on options to provide public comment visit: www.corcoranmn.gov The City of Corcoran will provide high-quality public services in a cost-effective, responsible, and professional manner in order to create a preferred environment to live, work, play, and conduct business. The City of Corcoran will become a vibrant, connected community while preserving its natural character and agricultural roots. The following values are fundamental to the City of Corcoran ’s success and the fulfillment of our mission: Honesty, Ethics, Integrity We believe that honesty, ethics, and integrity are the foundation blocks of public trust and confidence. Community Pride and Partnership We believe in creating a strong sense of community through partnerships with civic organizations, school districts, and local businesses. Efficient and Effective Service Delivery We believe providing services to residents and businesses in an efficient and effective manner makes government easier to work with and creates a business friendly environment. Community Safety We will protect the community by maintaining or improving safety through police and fire protection and by investing and maintaining the infrastructure of the City. Fiscal Responsibility We believe that the prudent stewardship and opportunistic investment of public funds is essential for confidence in government and to position the City for future success. Transparency We believe that open, honest, and proactive communication is essential for an informed and involved citizenry. Processes and decision making should include opportunities to educate citizens and receive feedback. Responsible Decision Making We believe it is the responsibility of the City to address difficult issues now in order to avoid larger more difficult issues in the future. VISION VALUES CORE STRATEGIES MISSION • Enhance Corcoran’s sense of place and identity. • Provide diverse community amenities and recreational opportunities. • Maintain excellence in safety and security for our community. • Ensure high-quality, market-driven growth. • Provide high-quality, innovative municipal services. A DOPTED M ARCH 11, 2021 STAFF REPORT Agenda Item 4. Council Meeting: February 24, 2022 Prepared By: Michelle Friedrich Topic: Commission Representatives Action Required: None – Informational Summary: The advisory commission rep resentatives for the February 24th Council meeting are as follows: • Planning Commission : Jay Van Den Einde • Parks and Trails Commission: Tom Anderson Financial/Budget: N/A Council Action: N/A Attachments: N/A ELM CREEK WATERSHED MANAGEMENT COMMISSION – 2022 DRAFT WORK PLAN elm creek Watershed Management Commission DRAFT 2022 WORK PLAN Minnesota Rule 8410.0150 requires the Commission to submit to the Board of Water and Soil Resources a financial report, activity report and audit report for the preceding fiscal year. 8410.0150 Subp. 3 outlines the required content of the annual activity report. It includes an assessment of the previous year’s annual work plan and development of a projected work plan for the following year. The Commission’s Third Generation Watershed Manag ement Plan identifies issues, priorities, and goals for the ten- year period 2015-2024. 1.Continue to review local development/redevelopment plans for conformance with the standards outlined in the Commission’s Third Generation Watershed Management Plan. 2.Continue to partner with the Three Rivers Park District (TRPD) to share in the costs of conducting lake and stream monitoring in the watershed. 3.Fund the monitoring of one lake through Metropolitan Council’s Citizen Assisted Monitoring Program (CAMP). 4.Continue to operate the monitoring station in Champlin in cooperation with the United States Geological Survey (USGS). 5.Promote river stewardship through Hennepin County’s RiverWatch program with three sites in 2022, depending on the status of the pandemic. 6.Participate in the MN Wetland Health Evaluation Program (WHEP) with four wetlands in 2022, depending on the status of the pandemic. 7.Conduct the biennial solicitation of interest proposals for administrative, legal, technical and wetland consultants. 8.Continue as a member of the West Metro Water Alliance (WMWA). 9.Promote “Lawns to Legumes,” a program for residents to seed their lawns with a bee lawn mix, targeting habitat for the Rusty-patched bumblebee, an endangered species. A collaboration between Blue Thumb and the Minnesota Board of Water and Soil Resources (BWSR), provides cost-share funding and other resources to help Minnesota residents establish pollinator habitat in their yards. 10.Sponsor Resilient Yard Workshops as part of the Commission’s Education and Public Outreach Program. The workshops are presented by Metro Blooms. 11.Continue as a member of Blue Thumb and WaterShed Partners. 12.Continue to work in partnership with the University of Minnesota’s agriculture specialist to help build relationships with the agricultural community in the watershed to achieve TMDL load reductions. Agenda Item: 6b. ELM CREEK WATERSHED MANAGEMENT COMMISSION – 2022 DRAFT WORK PLAN 13. Work with the Hennepin County Rural Conservation Specialist. Assist la ndowners in identifying BMPs for implementation throughout the watershed. Work with member cities to identify projects that will result in TM DL load reductions. 14. Send call out to member cities, requesting them to provide updates to the projects already included on the Commission’s Capital Improvement Program (CIP) as well as inform the Commission of new projects that they would like to have considered for inclusion on the CIP. Hold public meeting, adopt an amendment to the Third Generation Watershed Management Plan, conduct public hearing, and certify levy to Hennepin County. 15. Undertake high priority projects identified in the Rush Creek Headwaters Subwatershed Assessment. 16. Adopt a 2023 operating budget. 17. Prepare a 2021 Audit Report. 18. Continue to populate and maintain the Commission’s website www.elmcreekwatershed.org to provide news to residents, students, developers and other individuals interested in the water resources of the watershed. 19. Publish an annual activity report summarizing the Commission’s yearly activities and financial reporting. 20. Having had two different allocation processes in as many biennia, the Board of Water and Soil Resources BWSR held several Listening Sessions to take feedback and help decide how to allocate FY22 Watershed Based Implementation Funds (WBIF). On October 27, 2021, the BWSR Board approved a process that would allocate funds to Metro watersheds with “a $75,000 minimum per watershed planning area inside of the Metro, and a distribution of funds based on a weighting of 90% private land and 10% on public waters to all eligible areas.” 21. Complete Special Flood Hazard Areas on the FEMA Floodplain maps located within the watershed into current modeling packages. 22. Support the City of Corcoran and its partners as they undertake a subwatershed assessment for the South Fork of Rush Creek. A small portion of th e South Fork also flows through the cities of Maple Grove and Medina. 23. Support the City of Dayton and its partners to continue efforts for completion of the Diamond Lake subwatershed assessment. 24. Make application for funding from the newly-created Minnesota Pollution Control Agency (MPCA) resiliency grant program. This program provides grants to communities statewide for climate resiliency planning. The grants can pay for the climate risk assessment, planning, and pre-design needed to inform the development of bonding proposals to upg rade stormwater infrastructure. Grants will be available on a competitive basis to counties, cities, townships and Tribal Nations in Minnesota. 25. Convene a meeting of the Technical Advisory Committee to review any discrepancies between the Commission and member city Rules and Standards. 26. Participate with the Board of Water and Soil Resources in a Performance Review and Assistance Program (PRAP) Level II Review. 1 CITY OF CORCORAN City Council Meeting Minutes January 27, 2022 - 7:00 pm The Corcoran City Council met on January 27, 2022, in Corcoran, Minnesota. The City Council meeting was held in person and the public was present in person and remotely through electronic means using the audio and video conferencing platform Zoom. Mayor McKee, Councilor Bottema, Councilor Schultz, and Councilor Vehrenkamp were present. Councilor Nichols was excused. Interim City Administrator Beise, Deputy Clerk Friedrich, City Planner Lindahl, Public Works Director Mattson, and Lieutenant Burns were present. Planner Davis was present via electronic means. 1.Call to Order/Roll Call Mayor McKee called the meeting to order at 7:06 pm. 2.Pledge of Allegiance Mayor McKee invited all in attendance to rise and join in the Pledge of Allegian ce. 3.Agenda Approval Interim City Administrator Beise noted a clerical error correction on item 10a. MOTION: made by Schultz, seconded by Bottema to approve the agenda as modified. Voting Aye: McKee, Bottema, Schultz, and Vehrenkamp (Motion carried 4:0) 4.Commission Representatives Mayor McKee noted Planning Commissioner Lanterman was present and Parks and Trails Commissioner Christenson was present via electronic means. 5.Open Forum (Public Comment Opportunity) Mayor McKee invited residents to communicate in-person or telephonically during Open Forum. Interim City Administrator Beise noted no public comment cards were received and explained the instructions to participate in the meeting via the Zoom video format and reviewed instructions for participation in the meeting through telephone or computer. No residents participated in the public comment opportunity. 6.Presentations/Recognitions a.Years of Service Recognition – Steve Warren – 25 Years Lieutenant Burns recapped Officer Warren’s years of service with City of Corcoran and thanked Officer Warren for his dedication and service to the City of Corcoran. Mayor McKee presented Officer Warren with his years of service award. b.Senator Osmek Senator Osmek outlined the recent legislative session and provided his opinions . Senator Osmek noted support of transportation bill in Minnesota, however, does not support light rail in Minnesota due to the costs. Senator Osmek highlighted his Department of Corrections bill which allows for re -integration assistance for inmates released from custody to include picture identification cards, include social security cards, necessary medication for health and well-being with medical records and pharmaceutical needs. Senator Osmek noted his nomination by party to be President of the Senate, with formal election at the start of the 2022 session. Council thanked Senator Osmek for assistance in recording the Met Council meetings for public review. Council and Senator Osmek discussed state statute requirements for disability retirements and medical insurance, and the implications of those actions regarding liability for smaller cities and noted an example of a disability when a PTSD traumatic incident occurred in a previous city and the previous city Agenda Item: 7a. 2 receives no liability. Senator Osmek referenced proportional liabilities regarding PSTD life -time liabilities. Council noted the Comprehensive Housing Affordability Bill currently under review at the legislative level, housing shortages, and detrimental impacts to growing and expanding suburb cities. Council thanked Senator Osmek for his time. Council and staff noted information on the bill number would be forwarded to Senator Osmek. Senator Osmek noted current work being discussed with the Met Council. 7. Consent Agenda a. Financial Claims b. City Purchasing Card Rebate Program MOTION: made by Schultz, seconded by Bottema to approve consent agenda items 7a-b., as presented. Voting Aye: McKee, Bottema, Schultz, and Vehrenkamp (Motion carried 4:0) 8. Planning Business (Public Comment Opportunity) Mayor McKee invited residents to communicate in-person or telephonically during the public comment opportunity. Interim City Administrator Beise noted no public comment cards were received and explained the instructions to participate in the meeting via th e Zoom video format and reviewed instructions for participation in the meeting through telephone or computer. No residents participated in the public comment opportunity. a. Northeast District Plan Update City Planner Lindahl reviewed the NE District Plan and Design Guidelines noting the city-initiated effort to bring the existing plan and design guidelines into alignment with the Comprehensive Plan. City Planner Lindahl the City has received a grant from Hennepin County for the planning effort. The Parks and Trails Commission reviewed the sustainability elements such as sidewalk and trail location on both side of the streets, noting code includes only one side of street, high level of support for native plants and trees, prairie grasses in lieu of sod, retent ion of larger setbacks of 100 ft on County Roads, and general support of sustainable design. City Planner Lindahl noted the 2040 Comprehensive Plan for the Northeast District extends further to Schutte Road and includes additional proposed streets, compared the Northeast District Concept plan adopted in 2004. City Planner Lindahl reviewed the two public input opportunities regarding the Northeast District and reviewed online survey results, and resident comments at an open house on January 11, 2022. City Planner Lindahl noted public input comments with similar results and included preservation of natural resources and creation of green space as resident priorities, along with support for job creation and new businesses. City Planner Lindahl reviewed the new concept plan for the Northeast District and referenced planned infrastructure improvements, street hierarchy, identification of parks and trails, updating landscaping and screening requirements, gateway signage, architectural standards, and strategies for sustainability, and preservation of natural resources. City Planner Lindahl clarified there are no changes to land use or zoning in the Northeast District plan. City Planner Lindahl the next steps include a review at the Planning Commission in April and pu blic hearing in May with adoption at the May 26 Council meeting. City Planning Lindahl noted the building moratorium expires on June 10, 2022. Council provided feedback and direction on the Northeast District and discussed St. Therese’s landscape requireme nts and setting reasonable expectations as the city moves forward. Council discussed maintaining large setbacks, and credit for larger size plantings of trees versus a certain number of trees, bike parking and EV charging stations are not a priority, and positive incentive of water reuse incorporation in landscaping irrigation. Council noted incentivizing builders and developers versus implementing restrictions. Council and staff discussed favor of water reuse and supports watershed distribution. Council no ted high interest in bike infrastructure within surveys. Council and staff discussed management of development areas do not become types of uses the City doesn’t want . City Planner Lindahl noted the Northeast District as an overlay district allows Council discretion to allow specific industries or add additional standards in the Northeast District for business entities. Council noted importance of implementing consistent framework throughout the City and not just relevant to Northeast District. Council and staff discussed district overlays and performance standard options available to the city regarding business and job opportunities. Council and staff discussed 3 natural resources, green space, and wetland preservation incentives. Council noted formal discussion between Planning Commission and Council as a priority discussion for 2022, and discussed timing of Public Hearing for Northeast District, and noted discussion will establish the criteria framework for the City of Corcoran, prior to public input. Interim City Administrator Beise noted the necessity of establishing the Northeast Design Guidelines before the moratorium ends in June. b. Medina Comprehensive Plan Amendment Interim City Administrator Beise reviewed a draft letter to the City of Medina regarding a comprehensive plan amendment notification received by the City of Medina. Interim City Administrator Beise noted t he letter response encourages the City of Medina to include screening and buffering to mitigate impacts to residential areas along Willow Drive. Council and staff discussed increased traffic direction towards Rolling Hills, Horseshoe, Arrowhead, and County Road 116, suggestions regarding zoning changes, and drainage creek flows from the north on site. Public Works Director Mattson noted the response letter to Medina includes comments regarding the watershed flood plain within the proposed development directly impacting adjacent properties in Corcoran. Council and staff discussed buffering, landscaping considerations, and building orientation. MOTION: made by Bottema, seconded by Vehrenkamp to authorize Mayor and Interim City Administrator Beise to sign and send the response letter to the City of Medina. Voting Aye: McKee, Bottema, Schultz, and Vehrenkamp (Motion carried 4:0) 9. Unfinished Business 10. New Business (Public Comment Opportunity) Mayor McKee invited residents to participate in person and telephonically to comment on New Business. Interim City Administrator Beise explained the instructions to participate in the meeting via the Zoom video format and reviewed instructions for participation in the meeting through telephone or computer. No residents participated in the public comment opportunity. a. Recycling Forgiveness Request Interim City Administrator Beise reviewed a recycling forgiveness request to waive the recycling fee for 2022. Interim City Administrator Beise reviewed past Council action and noted fees historically fees have not been waived on properties with a home. Interim Administrator Beise noted the staff correction to a clerical error on the staff report. Council and staff discussed the mandatory recycling requirement by Hennepin County, and management of the recycling fee by Randy’s E nvironmental Services. MOTION: made by Schultz, seconded by Vehrenkamp to deny resident request to waive 2022 recycling fees managed by Randy’s Environmental Services. Voting Aye: McKee, Schultz, and Vehrenkamp Nay: Abstain: Bottema (Motion carried 3:0:1) b. Ordinance Amendment Request – Fence Amendment Interim City Administrator Beise reviewed applicant ordinance amendment request to allow fences to exceed 4-feet in height, fence opacity, and definition of front lot line. Interim City Administrator Beise reviewed permits pulled to date, setbacks, existing frontages on property, compliance issues on property, zoning ordinance amendment, and timing considerations regarding code enforcement action. Interim City Administrator Beise noted main Council discussion points in initiating a city-driven zoning ordinance amendment as requested by applicant. Larry Allar, 6508 Trail Lane, briefly noted past issues between resident neighbor on south of property, property lines, reasoning fence construction completed without a permit, and neighbor comment regarding the height of fence. Mr. Allar opined a permit was not necessary based on his assumption of code discussions with the City’s Code Compliance Officer. Mr. Allar noted the position of his driveway in relation to the home orientation on the adjacent property and opined on necessity of fencing for buffering, noting City Code allows for live trees as a buffer . Council clarified with applicant a permit was not necessary for a 4-foot fence height, however, permit and review is required for a 7-foot fence height. Mr. Aller opined on staff communication and cooperation regarding fence permitting requirements. Council clarified fence location is 2 inches off property line on applicant’s property. 4 Council and staff discussed retaliatory complaints and harassing complaints. Council and staff discussed record of complaint, consideration of previous code enforcement, and noted complaints are anonymous. Council noted difficulty of process of code enforcement. Council discussed the fence construction and landscaping on the adjacent property . Council noted the fence measures 50-feet of fencing on front yard, with 4 -foot fence height existing in City Code, with applicant’s fence exceeding code to a 7-foot fence height. Mr. Allar noted other fences in Corcoran are in violation of code with fence frontages on Gleason Road and backyard of properties . Council and Mr. Allar discussed complaint-based enforcement versus pro-active enforcement action, and outlier incidents, and neighbor disputes. Council and Mr. Allar clarified fencing sections are 8-feet long, trees planted by neighbor as a buffer, misdirection of 50-feet of fencing on front yard, 4-foot fence height, and legitimacy of live trees rather than fencing. Council and Mr. All ar debated frontage versus backyards of property. Mr. Allar opined on live trees versus fencing as buffers. Interim City Administrator Beise redirected discussion to the ordinance amendment not the violation itself. Planning Commission Lanterman opined on staying any modification to City Code due to pending litigation, and possibly deferring item for Planning Commission review for Council. Planner McKeown noted 7-foot fence height measurement and noted application did not meet ordinance fencing opacity requirement of 50 percent, noted trees can be placed in utility easement areas, and noted front yard setback reductions regarding fencing to road. Council discussed code design, reason for creation of fence ordinance codes, appearance of fencing, expectations, and the visual of fences along a roadway. Council reviewed ordinance alteration, enforcement of existing code, and process of changing ordinance regarding setback distance. Mr. Allar opined on Council’s jurisdiction to state what can be and can’t be done on his private property. Mr. Allar noted the Summons of Complaint court order addressed to his wife. Interim City Administrator Beise responded the Summons is issued by Court Order through Hennepin County and is not processed by City. Council and staff discussed frontage and front yard nuisance ordinance and zoning ordinance similarities. City Planner Lindahl noted difficulty in frontage on one property and front facing yard frontage on another, and orientation of house front on property. Council noted dri veway location regarding front yard definitions, cost of ordinance changes, and a past instance where change to ordinance was paid for by applicant. Planner McKeown noted a request for continuance with code enforcement violation could be requested at the appointed court date. Council noted window of continuance and code update priorities, costs, and timelines be reviewed at the February 24 Council meeting. Mayor McKee called for 5-minute recess at 9:25 pm. Council reconvened at 9:30 pm. c. 2022-23 Capital Improvement Plan Interim City Administrator Beise outlined the 2022 -23 Capital Improvement Plan noting plan was reduced by $200,000 for street sweeper, as staff will be utilizing grant funding through the watershed for a street sweeper. Interim City Administrator Beise noted partial bonds and levied funds will be utilized for CIP. MOTION: made by Bottema, seconded by Vehrenkamp approve the 2022-2023 Capital Improvement Plan as presented and authorize staff to purchase all remaining 2022 equipment. Council asked for clarification of the Speed Message Trailer, and street sweeper necessity within City. Staff clarified the Speed Message Trailer is a replacement of a 2005 trailer, and the street sweeper was removed from the CIP and will be purchased through a watershed grant. Staff noted the street sweeper is necessary for the roads in new Corcoran developments. Planning Commissioner Lanterman noted a clerical error of omission of numeral zero on staff report to Records Management System. Staff noted error correction of $150,00 to $150,000. Lieutenant Burns noted Records Management System is still being reviewed. Council noted replacement value of EZ Go Express 4x4. Council and staff discussed Weapon Mounted Cameras and operation of camera. Voting Aye: McKee, Bottema, Schultz, and Vehrenkamp (Motion carried 4:0) 5 d. Bond Refunding 2021 Interim City Administrator Beise noted opportunity to refund 2014B Bond Refunding for an approximate savings of $197,000. Interim City Administrator Beise noted the issuance of Capital Equipment Certificates for the capital equipment was planned and the refunding could take place to save on issuance costs. MOTION: made by Schultz, seconded by Bottema to direct sta ff to proceed with the refunding of Bond Series 2014B. Voting Aye: McKee, Bottema, Schultz, and Vehrenkamp (Motion carried 4:0) e. 2022 Legislative Priorities Interim City Administrator Beise reviewed legislative priorities and noted Council recommendations by absent Councilor Nichols. MOTION: made by Bottema, seconded by Schultz approve 2022 legislative priorities. Voting Aye: McKee, Bottema, Schultz, and Vehrenkamp (Motion carried 4:0) f. Comprehensive Housing Affordability Act Interim City Administrator Beise reviewed a summary of the Comprehensive Housing Affordability Act requested for presentation within packet by Mayor McKee to bring to public attention. Mayor McKee encourage residents to comment to Senator Osmek and Senator Hertaus. Mayor McKee noted impacts to communities such as Corcoran if bill passes . MOTION: made by Bottema, seconded by Vehrenkamp to direct staff to work with city attorney and city planner to review options for a building moratorium ordinance to align with any legislative sessions, regarding all development applications submitted or pending, regarding residential developments, to differentiate large-scale subdivisions and individual residential properties for review at a future Council meeting. Voting Aye: McKee, Bottema, Schultz, and Vehrenkamp (Motion carried 4:0) g. Southeast Water Supply Planning Study Public Works Director Mattson reviewed the Southeast Water Supply Planning study, noting the water supply agreement is due to expire in 2042, and noted the current pace of construction. Public Works Mattson outlined the study will focus on options available to the City. MOTION: made by Bottema, seconded by Vehrenkamp approve the Southeast Water Supply Planning Study in the amount of $22,000 as outlined in the proposal from Stantec. Voting Aye: McKee, Bottema, Schultz, and Vehrenkamp (Motion carried 4:0) h. COVID-19 Pay Program MOTION: made by Bottema, seconded by Schultz to reinstate the COVID -19 Pay program effective January 28, 2022. Voting Aye: McKee, Bottema, Schultz, and Vehrenkamp (Motion carried 4:0) i. Administration Assistance Proposal Interim City Administrator Beise reviewed the scope of administrative assistance includes payroll, labor negotiations and general administrative assistance. Council and staff discussed 15 hours per week of temporary assistance. MOTION: made by Schultz, seconded by Bottema to authorize staff to engage with Bergan KDV to provide consulting services not to exceed 20 hours per week. Voting Aye: McKee, Bottema, Schultz, and Vehrenkamp (Motion carried 4:0) 11. Staff Reports a. Active Corcoran Planning Applications; reports received. 12. Closed Session – Non-Public Health and Medical Data Mayor McKee stated “The City Council is going into closed to discuss non -public health and medical 6 data which must be discussed in a closed session per Minn. Stat. § 13D.05 subd. 2(a ) (3 and 4)”. Mayor McKee recessed the Council meeting at 9:59 pm. Mayor McKee reconvened the Council meeting at 10:05 pm. After the closed session meeting concluded, Mayor McKee stated, “In the closed session the city council discussed non-public health and medical data which must be discussed in a closed session per Minn. Stat. § 13D.05 subd. 2(a) (3 and 4); staff was provided direction”. 13. 2022 City Council Schedule; Council received 2022 schedule. 14. Adjournment MOTION: made by Schultz, seconded by Vehrenkamp to adjourn. Voting Aye: McKee, Bottema, Schultz, and Vehrenkamp (Motion carried 4:0) Meeting adjourned at 10:07 pm . Michelle Friedrich – Deputy Clerk Agenda Item 7b. Council Meeting Date:2/24/2022 Prepared By:Maggie Ung Amount Project name $0.00 -$ $87,056.16 87,056.16$ 133,126.74$ 220,182.90$ Date Paid to Amount Description 2/7/2022 Optum Bank 3,878.34$ Employee HSA 2/7/2022 RevTrak 11.46$ Credit Card Fee 2/10/2022 ADP 99,036.61$ Net Payroll and Taxes 2/14/2022 Sun Life 1,444.69$ Employee STD and LTD 2/15/2022 MN PERA 18,859.64$ Pension Plan 2/15/2022 Optum Bank 5,002.94$ Employee HSA 2/15/2022 State of MN - Empower 4,517.88$ Employee Deferred Comp/Healthcare Savings 2/7/2022 KeyMe Inc 7.50$ Keys for Warming House 2/7/2022 Menards 120.60$ Supplies 2/9/2022 Zoom 14.99$ Zoom For Council Worksession 2/9/2022 Zoom 64.99$ Zoom For Council Meetings 2/11/2022 Fleetio 30.00$ PD Software 2/11/2022 Deluxe 126.15$ Envelopes 2/16/2022 USPS 10.95$ Postage Total 133,126.74$ FINANCIAL CLAIMS CHECK RANGE FUND #500 ESCROW CLAIMS Paid to SEE THE REGISTER FOR #500 CLAIMS Total Total Fund #500 = (See attached Payments Detail) TOTAL EXPENDITURES FOR APPROVAL Auto Deductions / Electronic Fund Transfer / Other Disbursements ALL OTHER FINANCIAL CLAIMS Check Register (See attached Check Detail Registers) Total Checks Total of Auto Deductions INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 1/6Page: 02/18/2022 08:49 AM User: jpeterson DB: Corcoran EXP CHECK RUN DATES 02/11/2022 - 02/24/2022 JOURNALIZED PAID Check #AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 31796 3179635.40 02/24/229624233PW SUPPLIES - TOOLSACME TOOLS02/07/22100-43100-50210 35.40 Total For Check 31796 Check 31797 31797101.04 02/24/223430328CITY HALL PEST CONTROLADAMS PEST CONTROL, INC.02/03/22100-41900-50401 31797118.70 02/24/223431545PW PEST CONTROLADAMS PEST CONTROL, INC.02/01/22100-43100-50401 219.74 Total For Check 31797 Check 31798 31798392.70 02/24/22599348336PAYROLL PERIOD #3ADP, LLC02/11/22100-41900-50300 31798568.35 02/24/22599468409PAYROLL PERIOD #4ADP, LLC02/16/22100-41900-50300 961.05 Total For Check 31798 Check 31799 31799211.17 02/24/221WFV-L7D3-7KQHDUAL MONITOR STANDAMAZON CAPITAL SERVICES02/01/22100-41920-50530 31799106.11 02/24/2211RF-HCF9-YHCDCITY HALL PRIVACY SCREEN FILTERAMAZON CAPITAL SERVICES02/06/22100-41920-50530 31799592.57 02/24/221PWR-W7XC-4HTKCITY HALL FURNITUREAMAZON CAPITAL SERVICES02/13/22100-41920-50530 3179951.23 02/24/221X9C-T16D-DMX9PD OFFICE SUPPLIES - FOLDERSAMAZON CAPITAL SERVICES02/07/22100-42100-50200 961.08 Total For Check 31799 Check 31800 3180047.30 02/24/2210235409PW-BLADE GUIDEASPEN EQUIPMENT COMPANY01/26/22100-43100-50220 3180047.30 02/24/2210235715PW SUPPLIES-BLADE GUIDEASPEN EQUIPMENT COMPANY02/02/22100-45200-50210 94.60 Total For Check 31800 Check 31801 31801378.00 02/24/22198949820 LB CYLINDER/REPLACEMENT CYLINDERBEAUDRY OIL COMPANY02/04/22100-43100-50210 31801146.00 02/24/22198971733 LB CYLINDERBEAUDRY OIL COMPANY02/02/22100-45200-50210 524.00 Total For Check 31801 Check 31802 3180266.25 02/24/225894PD-SEATBELT LOCKBLUELINE INDUSTRIES LLC02/07/22100-42100-50210 66.25 Total For Check 31802 Check 31803 31803114.00 02/24/2222-2964845TOWING 21 CHEV SILVERADOBURDAS TOWING02/01/22100-42100-50220 31803135.00 02/24/2222-95165TOW / PULL OUT 570BURDAS TOWING02/01/22100-42100-50220 249.00 Total For Check 31803 Check 31804 31804100.00 02/24/2200000689128CJDN ACCESS FEEBUREAU OF CRIMINAL APPREHENSIO02/02/22100-41920-50300 100.00 Total For Check 31804 Check 31805 318052,002.54 02/24/2202_2022PW-GAS BILLCENTERPOINT ENERGY HOUSTON02/14/22100-43100-50380 2,002.54 Total For Check 31805 Check 31806 3180616.80 02/24/2202-2022GAS BILLCENTERPOINT ENERGY HOUSTON02/07/22100-41900-50380 31806365.57 02/24/2202-2022GAS BILLCENTERPOINT ENERGY HOUSTON02/07/22100-43100-50380 382.37 Total For Check 31806 Check 31807 31807145.68 02/24/2202_2022PUBLIC WORK LAND LINECENTURY LINK01/28/22100-43100-50321 145.68 Total For Check 31807 INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 2/6Page: 02/18/2022 08:49 AM User: jpeterson DB: Corcoran EXP CHECK RUN DATES 02/11/2022 - 02/24/2022 JOURNALIZED PAID Check #AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 31808 31808109.21 02/24/224110127347CITY HALL MATCINTAS - 47002/09/22100-41900-50401 3180874.73 02/24/224110127381PW-CRT CABINETCINTAS - 47002/09/22100-43100-50210 31808187.15 02/24/224110127399PW-UNIFORMSCINTAS - 47002/09/22100-43100-50417 3180813.19 02/24/224109536471LARGE BLUE TOWELSCINTAS - 47002/02/22101-41900-50210 384.28 Total For Check 31808 Check 31809 3180919,944.16 02/24/2221206WATER USAGE 4TH QUARTERCITY OF MAPLE GROVE12/31/21601-49400-50311 19,944.16 Total For Check 31809 Check 31810 31810250.00 02/24/2200252692022 ANNUAL BOARDING FEECITY OF MONTICELLO01/28/22100-42100-50300 250.00 Total For Check 31810 Check 31811 3181196.12 02/24/2202-2022INTERNETCOMCAST- 90294333602/05/22100-41900-50321 3181196.12 02/24/2202-2022INTERNETCOMCAST- 90294333602/05/22100-42100-50321 3181196.11 02/24/2202-2022INTERNETCOMCAST- 90294333602/05/22100-43100-50321 288.35 Total For Check 31811 Check 31812 31812494.00 02/24/22319368REMOTE SUPPORT SERVICECOMPUTER INTEGRATION TECH11/30/21100-41920-50300 318123,382.00 02/24/22322077REMOTE SERVICE SUPPORTCOMPUTER INTEGRATION TECH01/31/22100-41920-50300 318121,140.00 02/24/22322509AGREEMENT OFFICE 365COMPUTER INTEGRATION TECH02/15/22100-41920-50300 31812885.00 02/24/22322763AGREEMENT BACKUP SERVICESCOMPUTER INTEGRATION TECH02/15/22100-41920-50300 5,901.00 Total For Check 31812 Check 31813 3181382.20 02/24/22100X07196400OFFICE WATERCULLIGAN BOTTLED WATER01/31/22100-41900-50210 82.20 Total For Check 31813 Check 31814 31814305.00 02/24/221312022PW SEPTIC MAINTENANCEDUANES SEPTIC SERVICE LLC01/31/22100-45200-50210 305.00 Total For Check 31814 Check 31815 3181590.72 02/24/2291999BACKGROUND CHECKEMPLOYEE RELATIONS01/31/22100-41910-50300 31815159.00 02/24/2291999BACKGROUND CHECKEMPLOYEE RELATIONS01/31/22100-45100-50300 249.72 Total For Check 31815 Check 31816 318161,410.00 02/24/22INV18298PW-BOSS BLADEESCH CONSTRUCTION SUPPLY, INC.01/25/22100-43121-50224 1,410.00 Total For Check 31816 Check 31817 3181739.18 02/24/229207411324PW-PIPE THREADGRAINGER02/09/22100-45200-50210 39.18 Total For Check 31817 Check 31818 318183,675.00 02/24/2211122PARK TRAIL ROAD FEASIBILITYHAUGO GEOTECHNICAL SERVICES LL02/07/22408-48008-50530 3,675.00 Total For Check 31818 Check 31819 31819150.00 02/24/221000178737JAIL CHARGESHENN CO SHERIFF01/31/22100-42100-50305 150.00 Total For Check 31819 INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 3/6Page: 02/18/2022 08:49 AM User: jpeterson DB: Corcoran EXP CHECK RUN DATES 02/11/2022 - 02/24/2022 JOURNALIZED PAID Check #AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 31820 318201,573.98 02/24/221000178613PD RADIO LEASEHENNEPIN COUNTY INFO TECH02/02/22100-42100-50323 31820231.66 02/24/221000178680PW RADIO FEEHENNEPIN COUNTY INFO TECH02/03/22100-43100-50210 1,805.64 Total For Check 31820 Check 31821 3182120.00 02/24/2202_2022NOTARY COMMISSION RENEWAL FEEHENNEPIN COUNTY TREASURER02/01/22100-41900-50433 20.00 Total For Check 31821 Check 31822 3182245.00 02/24/22003401022200PD CAR WASHHOLIDAY COMPANIES02/01/22100-42100-50220 45.00 Total For Check 31822 Check 31823 31823200.00 02/24/2276527CITY HALL SERVICE CALLINTEGRATED PROTECTION SYSTEMS11/24/21100-41900-50404 200.00 Total For Check 31823 Check 31824 318241,077.30 02/24/22131075PW IRON FIGHTER PELLETSJOHNSON FEED INC01/27/22100-41900-50210 318241,077.30 02/24/22131075PW IRON FIGHTER PELLETSJOHNSON FEED INC01/27/22100-43100-50223 2,154.60 Total For Check 31824 Check 31825 318251,625.00 02/24/22323434PD INVESTIGATION SYSTEM PACKAGELEADS ONLINE11/15/21100-42100-50300 1,625.00 Total For Check 31825 Check 31826 318266,130.00 02/24/22363573PW EQUIPMENT-SANDERLITTLE FALLS MACHINE02/09/22100-43100-50220 6,130.00 Total For Check 31826 Check 31827 31827745.00 02/24/229945CITY HALL HEATPUMP BREAKER REPAIRMASSMAN GEOTHERMAL & MECHANICA01/06/22100-41900-50404 318276,512.52 02/24/2210020CITY HALL HEAT REPAIRMASSMAN GEOTHERMAL & MECHANICA01/20/22100-41900-50404 7,257.52 Total For Check 31827 Check 31828 3182839.29 02/24/2294290PARK BUILDING LIGHTSMENARDS MAPLE GROVE02/04/22100-45200-50210 39.29 Total For Check 31828 Check 31829 318292,533.84 02/24/22INV1973446COPIER USE CHARGEMETRO SALES INC01/26/22100-41920-50210 2,533.84 Total For Check 31829 Check 31830 3183011,642.72 02/24/220001135898WASTE WATER SERVICESMETROPOLITAN COUNCIL ENVIRO02/08/22602-49450-50312 11,642.72 Total For Check 31830 Check 31831 31831694.33 02/24/222533219PW SUPPLIES-BRACKET KIT/WEIGHTMIDWEST MACHINERY CO.11/23/21100-43100-50210 31831888.65 02/24/2221478917PW SUPPLIES-FILTERS/BELTS/BLADEMIDWEST MACHINERY CO.09/15/21100-45200-50210 31831499.61 02/24/222512220PW SUPPLIES-BLADEMIDWEST MACHINERY CO.10/22/21100-45200-50210 2,082.59 Total For Check 31831 Check 31832 31832350.00 02/24/2202-2022FSA REIMBURSEMENTMIKE PRITCHARD02/07/22100-42401-50130 350.00 Total For Check 31832 INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 4/6Page: 02/18/2022 08:49 AM User: jpeterson DB: Corcoran EXP CHECK RUN DATES 02/11/2022 - 02/24/2022 JOURNALIZED PAID Check #AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 31833 31833630.00 02/24/2201312022PD TRAINING EMR REFRESHERNORTH MEMORIAL01/31/22100-42100-50209 630.00 Total For Check 31833 Check 31834 318342,990.00 02/24/222022-00112022 SOFTWARE RENEWALPERMITWORKS02/09/22100-41920-50210 2,990.00 Total For Check 31834 Check 31835 31835229.98 02/24/22I1550356PD UNIFORM-EDSTROMSTREICHER'S POLICE EQUIPMENT02/07/22100-42100-50417 229.98 Total For Check 31835 Check 31836 31836393.44 02/24/2202-2022PD UNION DUESTEAMSTER LOCAL 32001/31/22100-00000-21707 393.44 Total For Check 31836 Check 31837 3183775.00 02/24/223609221-202201-1PD INVESTIGATIONSTRANSUNION RISK & ALTERNATIVE02/01/22100-42100-50300 75.00 Total For Check 31837 Check 31838 31838780.00 02/24/2222020100CITY HALL CLEANINGULTIMATE CLEANERS LLC02/01/22100-41900-50401 780.00 Total For Check 31838 Check 31839 31839424.46 02/24/22465511632COPIER LEASE US BANKCORP EQUIPMENT FINANCE02/15/22100-41900-50210 424.46 Total For Check 31839 Check 31840 31840247.46 02/24/2202-2022PD/CH CELL PHONE VERIZON WIRELESS01/26/22100-41900-50321 318401,045.62 02/24/2202-2022PD/CH CELL PHONE VERIZON WIRELESS01/26/22100-42100-50321 1,293.08 Total For Check 31840 Check 31841 31841260.35 02/24/2202-2022STREET LIGHTSWRIGHT-HENNEPIN COOP ELECT02/16/22100-00000-22205-007 3184150.61 02/24/2202-2022STREET LIGHTSWRIGHT-HENNEPIN COOP ELECT02/16/22100-00000-22205-056 318411,042.58 02/24/2202-2022STREET LIGHTSWRIGHT-HENNEPIN COOP ELECT02/16/22100-00000-22205-065 31841194.74 02/24/2202-2022STREET LIGHTSWRIGHT-HENNEPIN COOP ELECT02/16/22100-00000-22205-087 31841183.07 02/24/2202-2022STREET LIGHTSWRIGHT-HENNEPIN COOP ELECT02/16/22100-00000-22205-098 318413,080.59 02/24/2202-2022STREET LIGHTSWRIGHT-HENNEPIN COOP ELECT02/16/22100-41900-50381 3184160.05 02/24/2202-2022STREET LIGHTSWRIGHT-HENNEPIN COOP ELECT02/16/22100-42100-50381 31841228.05 02/24/2202-2022STREET LIGHTSWRIGHT-HENNEPIN COOP ELECT02/16/22100-43100-50381 31841202.76 02/24/2202-2022STREET LIGHTSWRIGHT-HENNEPIN COOP ELECT02/16/22100-45200-50381 3184169.71 02/24/2202-2022STREET LIGHTSWRIGHT-HENNEPIN COOP ELECT02/16/22601-49400-50380 31841345.64 02/24/2202-2022STREET LIGHTSWRIGHT-HENNEPIN COOP ELECT02/16/22602-49450-50380 5,718.15 Total For Check 31841 Check 31842 31842157.12 02/24/22766368550STREET LIGHTSXCEL ENERGY02/03/22100-43100-50381 157.12 Total For Check 31842 Check 31843 3184327.29 02/24/22766067449STREET LIGHTSXCEL ENERGY02/01/22100-43100-50381 27.29 Total For Check 31843 Check 31844 INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 5/6Page: 02/18/2022 08:49 AM User: jpeterson DB: Corcoran EXP CHECK RUN DATES 02/11/2022 - 02/24/2022 JOURNALIZED PAID Check #AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 31844 3184430.84 02/24/22766602139PW ELECTRICXCEL ENERGY02/04/22100-43100-50381 30.84 Total For Check 31844 INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 6/6Page: 02/18/2022 08:49 AM User: jpeterson DB: Corcoran EXP CHECK RUN DATES 02/11/2022 - 02/24/2022 JOURNALIZED PAID Check #AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number 51,365.74 Fund 100 GENERAL FUND 13.19 Fund 101 LONG-TERM PLANNING FUND 3,675.00 Fund 408 PAVEMENT MANAGEMENT 20,013.87 Fund 601 WATER 11,988.36 Fund 602 SEWER Fund Totals: 87,056.16 Total For All Funds: Page 1 of 4 STAFF REPORT Agenda Item 7c. City Council Meeting: February 24, 2022 Prepared By: Michael Pritchard Natalie Davis Topic: MS4 Ordinance Update (City File No. 21-051) Action Required: Approval Review Deadline: N/A 1. Request: City Staff proposes several city code text amendments within Title IV, Title V, the Subdivision Ordinance, and the Zoning Ordinance to bring the City’s MS4 (Municipal Separate Storm Sewer System) General Permit No. MN R04000 into compliance with state stormwater system requirements established by the Minnesota Pollution Control Agency (MPCA) pursuant to Minnesota Rule 7090. 2. Background : As part of the City’s MS4 permit, the City is required to have a regulatory mechanism to control land disturbance activities of at least one acre. The regulatory mechanism must be at least as stringent as the MPCA general construction site stormwater permit. The state requirements are updated every 5 years with the last round of updates complete d in November 2020. The City is expected to bring relevant ordinances into compliance this year, and staff has worked to have policies codified and clarified in time for the construction season in 2022. The largest task for the City to complete because of the 2020 MPCA updates is to codify its Storm Water Pollution Prevention Program ; however, the new requirements are consistent with existing City practices . The proposed text changes to the City’s land disturbance permit will bring the City into compliance with the MPCA requirements, codify current City practices, as well as put the City in a better position to bring the City Code in compliance when the MPCA makes updates in the future. The Planning Commission held a public hearing and reviewed the proposed City Code updates on January 6, 2022. No one spoke at the public hearing. The item was tabled for further discussion at a later meeting date. The amendments to City Code were revisited at the February 3, 2022 Planning Commission meeting, and remaining questions regarding exemptions for under 50 cubic yards of land disturbance, private gardening, and agriculture were addressed. The Planning Commission recommended approval of the proposed ordinance amendments as currently proposed 5 -0. 3. Analysis: Page 2 of 4 The biggest impact to the City Code with the proposed ordinance amendment, is the consolidation of all land disturbance requirements currently found within Section 950 (Erosion Control) and 1030.060 (Mining and Soils Processing) of the City Code into a single chapter located within Title V of the City Code, which is where other codes carried out by Public Works are provided. Staff believes this will b e a more effective, streamlined approach as the City Engineer and Public Works review and approve permits subject to stormwater system requirements (i.e., land disturbance permits, grading permits, and building permits). A single chapter or location dedicated to Land Disturbance and Erosion and Sediment Control will provide a simpler experience for those who need to find and understand the City’s processes. Finally, by having these requirements in a chapter outside of the Subdivision and Zoning Ordinance s, a public hearing would no longer be required when making updates to meet state re quirements. This is desired as it is known that updates will occur every 5 years that the City must comply with, and there are existing annual opportunities for the public to comment on MS4. For example, the City Council just held a public input opportunit y on 12/22/2021 where no public comments were received. Staff proposed to complete ly delete Section 950 and 1030.060 except with an explanation paragraph that references the new chapter. The updated requirements that were previously covered by these sectio ns are incorporated with the required updates into Chapter 54 (Land Disturbance and Erosion and Sediment Control). Staff also believed it made sense to reference Chapter 54 in Chapter 40 of Title IV (Construction Regulations). The City is required to have a permitting process for any land disturbance activity of at least one acre. The City can choose to further regulate land disturbance activities of under one acre. Consistent with the existing ordinances, land disturbance permits will fall into two categories: over one acre and under one acre. When the land disturbance is equal to or over one acre, a Storm Water Pollution Prevent Plan (SWPPP) will be a required component of the permit. When evaluating the City’s MS4 practices, the disc retion is limited to the exemptions and the permitting process for land disturbance areas of under 1 -acre in size. The rest of the proposed language are based on the state requirements and meet the minimum standards for the MS4 permit. This includes the application submittal standards for sites over 1-acre in size The proposed text allows the City to exempt the following activities : - Any part of a subdivision within a plat that was previously approved by the City Council. - A lot with a building permit previously approved. - Emergency work to protect life, limb, or property . - Agricultural production operations such as tilling, planting, or harvesting of crops. This exemption is also applicable to private gardens. - Cemetery graves. Page 3 of 4 - An excavation below finished grade and backfilling for basements and footings of a building, retaining wall, or other structure authorized by a valid building permit. - Grading, mining, quarrying, excavating, process ing, or stockpiling operations subject to an alternative City regulatory process including land use approvals (e.g., conditional use permits , subdivisions/plats, etc.). - Any land disturbance or land filling activities relating to general yard maintenance or landscaping when the volume of soil or earth impacted amounts to 50 cubic yards or less and there is no potential the activities will impact drainage. Staff does propose to reduce the threshold for general yard maintenance from under 301 cubic yards down to less than 50 cubic yards. This is consistent with current practices that have evolved with staff’s experience over the last decade. The way the exemption is written, the 50 cubic yards threshold is specifically looking at the volume of soil or earth. Public Works does not include trees, brush, or vegetation bein g removed against the 50 cubic yards threshold. This threshold is meant to specifically measure the actual disturbance of earth and soil. Staff has found that problems are more likely to occur when more than 50 cubic yards of earl/soil are impacted and a r eview of the project was not completed by staff beforehand. The reduced threshold further enables conversations and education to occur proactively rather than the City needing to delay an active project found to be causing an issue (most often with drainag e, easements, and wetland impacts). For reference, attached to this report are visual aids to show the volume of soil that would be involved at various thresholds, including 50 cubic yards and 300 cubic yards. The rest of the listed exemptions are consist ent with what is currently listed in Section 1030.060, Subd. 6. Additionally, the agriculture exemption now clarifies that private gardens will also be exempt. However, staff proposes to add the following caveat for exemptions: Termination of Exemption. If the land disturbance activity threatens or impedes the ability of the City to meet its own permit requirements under the National Pollutant Discharge Elimination System (NPDES) program, obstructs a water course, or has the potential to impact drainage , the Issuing Authority may terminate the exemption and require the Applicant to obtain a land disturbance permit in full compliance with this chapter. Ultimately, nothing is changing as the proposed text amendments are consistent with the City’s current practices. However, the text amendments formalize and clarify the City’s processes for applications, inspections, financial securities, Best Management Practices (BMPs), and enforcement while consolidating these elem ents into a single chapter. 4. Summary: The most significant updates to the City Code include the consolidation of land disturbance ordinances into a new chapter known as “Land Disturbance and Erosion Page 4 of 4 and Sediment Control” under Title V of the City Code; clarifying the submittal requirements and process for permits, inspections, and financial securities; adding more detail for (BMP) requirements ; and clarifying enforcement processes. All the proposed changes meet the MPCA requirements , improves inefficiencies, and solidifies the City’s jurisdiction to enforce construction site compliance. 5. Recommendation: Move to adopt the following: a. Ordinance 2022-450 amending Section 950, Section 1030.060, Title IV, and Title V of the City Code. b. Resolution 2022-15 approving findings of fact for the ordinance. c. Summary Ordinance 2022-451 for publication. Approval of the ordinance and resolution require a 3/5 majority vote. Approval of the summary ordinance requires a 4/5 majority vote. Attachments: 1. Ordinance 2022-450 amending Section 950, Section 1030.060, Title IV, and Title V of the City Code. 2. Resolution 2022-15 approving findings of fact for the ordinance. 3. Summary Ordinance 2022-451 for publication. 4. Soil Volume Visual Aids City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-450 Page 1 of 24 Motion By: Seconded By: AN ORDINANCE AMENDING THE TEXT OF SECTION 950 OF THE SUBDIVISION ORDINANCE, SECTION 1030.060 OF THE ZONING ORDINANCE, CHAPTER 40 OF TITLE IV, AND TITLE V OF THE CORCORAN CITY CODE RELATED TO LAND DISTURBANCE AND EROSION AND SEDIMENT CONTROL REGULATIONS (CITY FILE 21-051) THE CITY OF CORCORAN ORDAINS: SECTION 1. Amendment of the City Code. The text of Section 950 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: SECTION 950 – EROSION CONTROL 950.010 - EROSION CONTROL PLAN. Prior to commencing any earth land disturbing activity in a subdivision, the subdivider developer shall submit an erosion control plan for approval by the City Engineer. All grading and construction activity that results in disturbance of the ground shall comply with Minnesota Pollution Control Agency’s General Stormwater Permit for Construction Activity No. MN R10001, the Minnesota Stormwater Manual, Chapter 54 of the City Code, and all other applicable City Ordinances. The plan shall be approved if it complies with the City’s Zoning Ordinance and Erosion Control Ordinance and the requirements contained herein. 950.020 - EROSION CONTROL MEASURES. Subd. 1. All development must comply with the City Erosion Control Ordinance. The following erosion control measures are required for an erosion control plan: A. The developer must provide the City Engineer with both a temporary and permanent erosion control plan which shall be suited to the topography and soils so as to create the least erosion potential. Acceptable temporary and permanent erosion control plans shall include, but not be limited to, the following elements: 1. A site map with existing and final grades. These grades shall include dividing lines and direction of flow for all pre and post construction storm water runoff drainage areas located within the project limits. The site map must also include impervious surfaces and soil types. 2. Locations of all critical areas, and areas delineated for non-disturbance. 3. Locations of areas where construction will be phased to minimize duration of exposed soil areas. 4. Locations and types of all temporary and permanent erosion and sediment control Best Management Practices (BMPs). Standard plates and/or City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-450 Page 2 of 24 specification for the BMPs used on the project must be included in the final plans and specifications for the project. 5. Locations and type of sediment control treatment for all stockpiles located on the project. 6. Plans and specifications for temporary seeding and mulching any exposed soils during construction. 7. Plans and specifications for final vegetation establishment, including where appropriate utilizing a long term vegetation management plan for controlling noxious weeds. 8. All plans shall include maintenance requirements and who will be responsible for such maintenance requirements. B. The land shall be developed in increments of workable size on which adequate controls of erosion and siltation can be provided and maintained during the construction period. Grading operations and other land disturbing operations shall be staged so that the area being developed is not exposed for long periods of time without stabilization. Developments are encouraged to plan and implement appropriate construction phasing, vegetative buffer strips, horizontal slope grading, and other construction land management practices that minimize erosion. C. Temporary vegetation and/or mulching shall be used to protect the areas exposed during the development. These areas shall be seeded, mulched and stabilized with erosion control netting or blanket acceptable to the City Engineer. D. Soil shall be exposed for the shortest feasible period of time. Unless the areas are discharging to a special water, or 303 (d) listed water, the following restraints for soil exposure shall apply. Type of Slope Time of Exposure without being actively worked Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days E. Where the topsoil is removed, sufficient topsoil shall be set aside for respreading over the developed area. Topsoil shall be restored or provided to a depth of 4 - inches or to a depth directed by the City Engineer and shall be of a quality at least equal to the soil quality prior to development. F. Natural vegetation shall be protected whenever practical. All areas of natural vegetation that are to be protected shall be identified prior to any construction activity commencing. G. Sediment basins (debris basins, desilting basins, or silt traps) shall be installed and maintained to remove sediment from runoff waters from the land undergoing development. Storm sewer inlets shall be provided with debris guards and micro silt basins to trap sediment and avoid possible damage from blockage. The silt City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-450 Page 3 of 24 shall be removed when necessary. If sediment/siltation measures taken are not adequate and result in downstream sediment, the subdivider shall be responsible for cleaning out or dredging downstream storm sewers and ponds as necessary. During construction activity, all curb and gutter openings, manholes, and catch basins shall be temporarily protected with some type of inlet protection as approved by the City Engineer. H. Before grading is commenced, all control measures as shown on the approved plan shall be installed. Also, any areas not to be disturbed must be delineated (e.g. with flags, stakes, signs, silt fences, etc.) on the development site before the work begins. I. Before grading is commenced, a schedule such as the below listed example shall be provided to the City Engineer. Activity Date Install perimeter protection devices Install vegetation and non-disturbance protection Install erosion control practices Start Clearing and Grubbing Start grading Installation of Temporary Stabilization Practices Installation of Permanent Stabilization Practices J. Erosion control practices shall comply with the Minnesota Pollution Control Agency's Best Management Practices and all applicable NPDES Phase II construction site permit requirements. K. The subdivider shall be responsible for cleaning all streets in the subdivision and adjacent to the subdivision from silt and dirt from the subdivision. Vehicle tracking of sediment form the construction site must be minimized by appropriate BMPs, and street sweeping must be used if the BMPs are not adequate to prevent sediment from being tracked onto the street. L. Maintenance standards and requirements shall include, but not be limited to, the following: 1. Inspection for effectiveness of all erosion and sediment control BMPs will occur on a schedule determined by the City Engineer. This inspection could occur as frequent as weekly or after each ¼” rain event, if determined to be appropriate by the City Engi neer. 2. Accumulated sediment will be removed from all sediment control devices after they reach one-third their capacity. 3. All sediment that moves off site due to construction activities shall be removed at the end of each workday. 4. All sediment that moves off site due to storm events will be cleaned up as soon as possible, but at least by the end of the next day. City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-450 Page 4 of 24 5. Temporary gravel access drives will be maintained throughout construction in working condition. 6. All erosion control practices will be maintained until the disturbed areas they protect are permanently stabilized and established. Upon permanent stabilization establishment, the temporary practices shall be removed. Subd. 2. Financial Guarantee: A. A financial guarantee to provide a financial guarantee in accordance with Section 960 of the City Code in an amount determined adequate by the City to guarantee compliance with erosion control measures shall be furnished before work is commenced. The financial guarantee shall remain in place until all the subdivider's obligations under the erosion control plan have been satisfied. B. If the City draws upon the financial guarantee, the subdivider shall within 10 days of the draw, deposit with the City additional security of the same type and a mount that the City has drawn. No further inspections will be conducted, no new building permits will be issued, and all work shall stop within the development until the cash deposit for erosion control is restored to the pre-draw balance. Subd. 3. Street Cleaning. Prior to commencement of grading, the subdivider shall enter into a contract with an unrelated third party to scrape and sweep the streets in the subdivision and on abutting streets from soil and silt deposited on the streets. At a minimum, scraping and sweeping shall take place on a weekly basis. The City shall be furnished a copy of the contract. The contract shall provide that the contract cannot be canceled without at least 30 days advance written notice to the City. The contract shall further provide that the City may order cleaning of the streets and that the subdivider shall pay the cost. If the subdivider fails to do so, the City may draw on the subdivider's financial guarantee with the City and use it to provide payment for the cleaning. Subd. 4. Enforcement. A. The City may issue a stop work order halting all development work and building construction for noncompliance with the erosion control plan. B. The City will conduct site inspections for compliance with appropriate erosion control measures, and any related issues regarding non-compliance will be addressed as appropriate. C. The City may draw down the posted financial guarantee and perform any work necessary to achieve compliance with the erosion control plan. The City will endeavor to give the subdivider advance notice of such action. The issuing authority may act against the appropriate security if there exists any of the conditions below. The issuing authority shall use funds from the appropriate security to finance remedial work undertaken by the City or a private contractor under contract to the City, and to reimburse the City for all direct costs incurred in the process of remedial work including, but no limited to, staff time, attorneys, and City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-450 Page 5 of 24 inspection fees. Reasons for drawing down the posted financial guarantee may be, but are not limited to, the following: 1. The permittee ceases land disturbing activities and/or filling and abandons the work site prior to the completion of the grading plan. 2. The permittee fails to conform to the temporary or permanent erosion control plan as approved or as modified and has his/her permit revoked. 3. The techniques utilized under the temporary or permanent erosion control plan fail within one year of installation, or before a fina l plan is implemented for the site or portions of the site, whichever is later. 4. The issuing authority determines that action by the City is necessary to prevent excessive erosion from occurring on the site. (Ord. 378, passed 09-13-18) SECTION 2. Amendment of the City Code. The text of Section 1030.060 of the Corcoran City Code is hereby amended by removing the stricken material and adding the underlined material as follows: 1030.060 - MINING AND SOILS PROCESSING GRADING AND LAND DISTUR BANCE All grading and construction activity that results in disturbance of the ground shall comply with Minnesota Pollution Control Agency’s General Stormwater Permit for Construction Activity No. MN R10001 , the Minnesota Stormwater Manual, Chapter 54 of the City Code, and all other applicable City Ordinances. Every person, prior to commencing any land disturbing activities, shall apply for and secure a ll applicable permits from the City. Subd. 1. Purpose. The purpose of this Section is to safeguard property, and to preserve and enhance the natural environment, including but not limited to water quality, by regulating clearing and grading on public and private property. Subd. 2. Scope. This Section sets forth rules and regulations to control land disturbances, landfill, soil storage, and erosion and sedimentation resulting from such activities. This Section established procedures for issuance, administration and enforcement of a permit. Subd. 3. Permit Required. No person, except an authorized City employee or a contractor performing work under a contract with the City, shall perform any grading or land reclamation within the City of Corcoran without first having secured a permit from the City Clerk’s office. The fee for such permit shall be set from time to time by resolution of the City Council. Subd. 4. Application and Regulations. The City shall prepare the necessary application forms and permits required. The Council shall adopt rules and regulations with respect to excavations as it finds necessary to protect the public from injury, prevent damage to public or private sidewalks, and public grounds. Any person making an excavation covered by this Section shall comply with such rules and regulations. City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-450 Page 6 of 24 Subd. 5. Surety. Any permittee except those doing work under contract with the City shall file with the City Clerk’s office a letter of credit or cash in an amount to be determined by the City Engineer based on the type of work to be performed. Subd. 6. General Exemptions. The following activities are exempt from the permit requirements: A. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. B. Cemetery graves. C. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property. D. Routine agriculture crop management practices. E. Any land disturbing or land filling activities relating to general yard maintenance or landscaping, unless the volume of soil or earth stored or moved ex ceeds 301 cubic yards. Subd. 7. Site Map and Plan. A site map and plan must be submitted with the application, which shall include the following (No application will be reviewed until all necessary information has been submitted): A. Existing and proposed topography, sufficiently detailed to define the topography over the entire site. B. Site’s property lines shown in true location with respect to the topography. C. Location of all and proposed drainage on site. D. Locations of any buildings or structures located on the property or adjacent property that are within 20 feet of the areas where work is to be performed. Subd. 8. Erosion Control Methods. Erosion control methods to be used, may include, but are not limited to, types of mulches, vegetation, diverters, dikes and drains. The method to be used shall be identified on the application. Subd. 9. Permit Approval / Denial. City staff shall review all documents submitted pursuant to this Section, and, if necessary, shall require additional data or clarification of data submitted. City staff shall notify the applicant within 20 days of submission of the decision on the permit. In the event that the permit is denied by staff, the applicant shall have the right to request a hearing before the City Council within five (5) days of notification of permit denial. Subd. 10. Permittee’s Duties. The applic ant shall inform the City at least 24 hours prior to beginning the permitted activity. Then upon completion of rough grading, the City shall be notified to perform an inspection. Once that inspection has been completed City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-450 Page 7 of 24 and any corrections or modifications to the grade are completed, the applicant may then complete the finished grade and set the appropriate erosion control devices in place and complete any planting or seeding as required by the permit. Upon completion, the permittee shall notify the City that the project has been completed and an inspection shall be performed by the City to assure that the appropriate erosion control devises are in place. A final inspection shall be required prior to the release of any security. The final inspection shall ensure that all grading is completed and that all erosion has been controlled as required. Staff shall prepare written documentation of all inspections performed, which shall be filed at the City Office in the appropriate address file. Subd. 11. Suspension or Revocation of Permit. The City shall suspend the permit and issue a stop work order when the City has determined: A. The permit was issued in error or on the basis of incorrect information being supplied by the applicant. B. The Permittee has failed to meet the requirements as identified within the permit. C. Inspection by the City reveals that the work is not in compliance with the permit, City ordinance, or other regulations, which may govern such activity. Subd. 12. Fines and Penalties. Any person, firm, corporation or agency acting as principal agent, employee, or otherwise, who fails to comply with the provisions of this Code shall be guilty of a misdemeanor and upon convictions thereof shall be punishable by a fine of not more than $1,000.00, or by imprisonment in jail for not more than 90 days, or by both, for each separate offense. Each day a violation of this Chapter is committed or permitted to continue shall constitute a separate offense. Subd. 13. Action Against the Security. The City may act against the appropriate security if any of the conditions identified within the permit or this code have not been satisfied. The City shall use funds from the security to finance remedial work to be performed either directly by the City or by a private contractor under contract with the City, and to reimburse for all direct costs incurred in the process of the remedial work. Subd. 14. Release of Security. The security deposited with the City for faithful performance of the grading and erosion control work shall be released at the time that all conditions have been met and no action against such security has been filed. Release of the security shall be documented and filed in the appropriate address file, in conjunction with the inspections as identified in Section 1070.050, Subd. 9. SECTION 3. Amendment of the City Code. The text of Title IV of the Corcoran City Code is hereby amended by adding the underlined material as follows: TITLE IV: CONSTRUCTION REGULATIONS CHAPTER 40: BUILDING CODE ........................................................................................... 37-1 CODES ADOPTED BY REFERENCE. ................................................................ 37-1 APPLICATION, ADMINISTRATION AND ENFORCEMENT. ...................... 37-1 PERMITS AND FEES. ........................................................................................... 37-1 City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-450 Page 8 of 24 VIOLATIONS AND PENALTIES. ....................................................................... 37-1 CERTIFICATE OF SURVEY REQUIRED .......................................................... 37-2 40.06: EMERGENCY COMMUNICATION SYSTEMS FEE. ......................................... 37-2 40.07: EROSION AND SEDIMENT CONTROL......................................................... 37 -3 SECTION 4. Amendment of the City Code. The text of Chapter 40 of Title IV of the Corcoran City Code is hereby amended by adding Section 40.07 with the underlined material as follows: 40.07: EROSION AND SEDIMENT CONTROL Subd. 1. All grading and construction activity that results in disturbance of the ground shall comply with Minnesota Pollution Control Agency’s General Stormwater Permit for Construction Activity No. MN R10001, the Minnesota Stormwater Manual, Chapter 54 of the City Code, and other applicable City Ordinances and may require a separate land disturbance permit. Subd. 2. Satisfactory erosion control shall be installed prior to the initiation of any site grading or construction that will result in disturbing the soil. Noncompliance shall constitute grounds for a stop work order from the City to halt all constructi on. The City may require additional controls to correct specific site related problems as normal inspection are performed. SECTION 5. Amendment of the City Code. The text of Title V of the Corcoran City Code is hereby amended by adding the underlined material as follows: TITLE V: PUBLIC WORKS TITLE V: PUBLIC WORKS .......................................................................................................... V-1 CHAPTER 50: STORMWATER ILLICIT DISCHARGE AND ILLICIT CONNECTIONS TO THE STORM SEWER SYSTEM ........................................................ 37-1 PURPOSE AND INTENT ...................................................................................... 37-1 STATUTORY AUTHORIZATION ....................................................................... 37-1 FINDINGS ............................................................................................................... 37-1 DEFINITIONS ......................................................................................................... 37-1 ADMINISTRATION ............................................................................................... 37-4 ILLEGAL DISPOSAL AND DUMPING OF SUBSTANCES AND MATERIALS ............................................................................................................... 37-4 ILLICIT DISCHARGES AND CONNECTIONS TO THE STORM DRAINAGE SYSTEM .......................................................................................... 37-4 DISCHARGE PREVENTION REQUIREMENTS ............................................ 37-5 INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES TO THE STORM DRAINAGE SYSTEM .................................................................................. 37-6 NOTIFICATION OF SPILLS ................................................................................. 37-6 ACCESS TO BUILDINGS FOR INSPECTION, SAMPLING, DYE TESTING AND EXAMINATION RELATED TO STORM WATER DISCHARGE .... 37-7 SUSPENSION OF STORM DRAINAGE SYSTEM ACCESS ........................... 37-7 ENFORCEMENT .................................................................................................... 37-8 PENALTY ................................................................................................................ 37-8 CHAPTER 51: REGULATING PUBLIC SANITARY SEWER AND WATER WITHIN THE CITY OF CORCORAN .................................................................................... 51-1 City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-450 Page 9 of 24 51.010: PURPOSE ................................................................................................................. 51-1 51.015: DEFINITIONS .......................................................................................................... 51-1 51.020: UTILITY CONNECTION, PERMISSIVE OR MANDATORY .......................... 51-2 51.030: CHARGES, RATES AND BILLING .................................................................... 51-3 51.040 CONSTRUCTION, MAINTENANCE, OWNERSHIP ......................................... 51-5 51.050 ADMINISTRATION AND ENFORCEMENT .................................................... 51-10 CHAPTER 52: RIGHT OF WAY MANAGEMENT .............................................................. 52-1 FINDINGS, PURPOSE, AND INTENT ................................................................ 52-1 ELECTION TO MANAGE THE PUBLIC RIGHTS OF WAY .......................... 52-1 DEFINITIONS ......................................................................................................... 52-1 ADMINISTRATION ............................................................................................... 52-6 REGISTRATION AND RIGHT OF WAY OCCUPANCY ................................. 52-6 REGISTRATION INFORMATION ...................................................................... 52-6 FRANCHISES ......................................................................................................... 52-7 PERMIT REQUIREMENT ..................................................................................... 52-7 PERMIT APPLICATIONS ..................................................................................... 52-8 ISSUANCE OF PERMIT; CONDITIONS ............................................................ 52-9 ACTION ON SMALL WIRELESS FACILITY PERMIT APPLICATIONS .. 52-10 PERMIT FEES ....................................................................................................... 52-11 INSTALLATION OF UNDERGROUND FACILITIES WITHIN PUBLIC RIGHT - OF-WAYS. ........................................................................................................................... 52-11 RIGHT OF WAY PATCHING AND RESTORATION ..................................... 52-12 JOINT APPLICATIONS ....................................................................................... 52-13 SUPPLEMENTARY APPLICATIONS .............................................................. 52-13 OTHER OBLIGATIONS ...................................................................................... 52-14 DENIAL OR REVOCATION OF PERMIT ........................................................ 52-14 INSTALLATION REQUIREMENTS ................................................................. 52-15 INSPECTION ......................................................................................................... 52-15 WORK DONE WITHOUT A PERMIT ............................................................... 52-15 SUPPLEMENTARY NOTIFICATION ............................................................... 52-16 REVOCATION OF PERMITS ............................................................................. 52-16 MAPPING DATA ................................................................................................. 52-17 LOCATION AND RELOCATION OF FACILITIES ........................................ 52-17 PRE-EXCAVATION FACILITIES LOCATION ............................................... 52-18 DAMAGE TO OTHER FACILITIES .................................................................. 52-18 RIGHT OF WAY VACATION ............................................................................ 52-18 INDEMNIFICATION AND LIABILITY ............................................................ 52-18 ABANDONED AND UNUSABLE FACILITIES .............................................. 52-18 APPEAL ................................................................................................................. 52-19 RESERVATION OF REGULATORY AND POLICE POWERS ..................... 52-19 SEVERABILITY ................................................................................................... 52-19 CHAPTER 53: WETLAND CONSERVATION ACT ADMINISTRATION ....................... 53-1 PURPOSE ................................................................................................................. 53-1 SPECIAL ASSESSMENT OF UNPAID COSTS CHARGED TO THE PROPERTY OWNER .................................................................................................................................. 53-1 CHAPTER 54: LAND DISTURBANCE AND EROSION, AND SEDIMENT CONTROL............................................................................................................................. 54-1 City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-450 Page 10 of 24 54.01: INTENT............................................................................................................... 54-1 54.02: STATUTORY AUTHORIZATION.................................................................... 54-1 54.03: FINDINGS........................................................................................................... 54-1 54.04: PURPOSE............................................................................................................ 54-1 54.05: DEFINITIONS..................................................................................................... 54-1 54.06: SCOPE AND EFFECT........................................................................................ 54-4 54.07: LAND DISTURBANCE PERMIT SUBMITTAL PROCEDURES…………... 54-5 54.08: PLAN REVIEW PROCESS………………………………………………….... 54-8 54.09: MINIMUM CONSTRUCTION SITE BEST MANAGEMENT PRACTICES.. 54-9 54.10: INSPECTION AND MAINTENANCE............................................................. 54-10 54.11: COMPLETION OF WORK............................................................................... 54-11 54.12: ENFORCEMENT PROCEDURES.................................................................... 54-11 54.13: RELEASE OF SECURITY................................................................................ 54-13 54.14: PENALTY.......................................................................................................... 54-13 54.15: SEVERABILITY................................................................................................ 54-13 SECTION 6. Amendment of the City Code. The text of Title V of the Corcoran City Code is hereby amended by adding Chapter 54 with the underlined material as follows: CHAPTER 54: LAND DISTURBANCE AND EROSION AND SEDIMENT CONTROL 54.01: INTENT The intent of this chapter is to promote the health, safety, and general welfare of the citizens of the City by requiring storm water management practices for construction activity. 54.02: STATUTORY AUTHORIZATION This chapter is adopted pursuant to Minn esota Statute § 462.351 (for cities and towns), as it may be amended from time to time, and as required by the latest version of the Minnesota Pollution Control Agency’s (MPCA) General Stormwater Permit for Construction Activity (MN R100001) and General Small Municipal Separate Storm System (MS4) Permit (MN R04000). 54.03: FINDINGS The City hereby finds that uncontrolled Land Disturbing Activity, as defined herein, at construction sites are subject to soil erosion and other pollutants which enter into rec eiving water bodies adversely affecting the public health, safety, and general welfare by impacting water quality, creating nuisances, impairing other beneficial uses of environmental resources and hindering the ability of the City to provide adequate wate r, sewage, flood control, and other community services. 54.04: PURPOSE The purpose of this chapter is to promote, preserve, and enhance the natural resources within the City and protect them from adverse effects occasioned by poorly sited development or incompatible activities by regulating land disturbing activities that would have an adverse and potentially irreversible impact on water quality and environmentally sensitive land; by minimizing conflicts and encouraging property installation and maintena nce of best management practices (BMPs) for land City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-450 Page 11 of 24 disturbing activities; and by requiring detailed review standards and procedures for land disturbing activities proposed for such areas thereby achieving a balance between development, redevelopment, and pro tection of water quality and natural areas. 54.05: DEFINITIONS For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directive. Applicant. Any person or person s, firm, governmental agency, or other institution that signs a permit application submitted to the City. Best Management Practice (BMP). Erosion prevention and sediment control, and water quality management practices that are the most effective and prac ticable means of controlling, preventing, and minimizing the degradation of surface water, including avoidance of impacts, construction - phasing, minimizing the length of time soil areas are exposed, prohibitions, pollution prevention through good housekeep ing, and other management practices published by state or designated area - wide planning agencies. Dewatering. The removal of surface or ground water to dry and/or solidify a construction site to enable construction activity. Dewatering may require a Minn esota Department of Natural Resources water appropriation permit and, if dewatering is contaminated, a discharge of such water may require an individual Minnesota Pollution Control Agency (MPCA) National Pollutant Discharge Elimination System (NPDES) or State Disposal System (SDS) permit. Discharge. The release, conveyance, channeling, runoff, or drainage of storm water, including snowmelt, from a construction site. Exposed Soil Areas. All areas of the construction site where the vegetation (trees, shrubs, brush, grasses, and the like) or impervious surface has been removed, thus rendering the soil more prone to erosion. This includes topsoil stockpile areas, borrow areas, and disposal a reas within the construction site. It does not include stockpiles or surcharge areas of gravel, concrete, or bituminous. Once soil is exposed, it is considered exposed soil until it meets the definition of “final stabilization”. Erosion. The wearing down or washing away of the soil and land surface by the action of wind, water, gravity, ice, or a combination thereof. Final Stabilization. All soil disturbing activities at the site have been completed, and that a uniform perennial vegetative cover of at least 70% of the expected final vegetative growth density or other permanent cover has been established over the entire pervious surfaces. City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-450 Page 12 of 24 Issuing Authority. A City employee or authorized designee who has the authority over application reviews, inspection, determinations of compliance, enforcement actions, and other matters, as it relates to this chapter. Land Disturbing Activity. Any disturbance to the land that results in a change of the existing soil cover, both vegetative and nonvegetative, creates bare soil, alters hydrology, or may cause erosion or sedimentation. Such activities include, but are not limited to, clearing, stripping, grubbing, excavating, filling, grading, logging, storing of materials, and the construction of any stru cture. Person. Any individual, firm, corporation, partnership, franchise, association, or government entity. Perennial Vegetation. Grass or other appropriate natural growing vegetation that provides substantial land cover, erosion protection, soil stab ility, and that is capable of sustained and healthy growth over multiple years. Annual grasses that do not regenerate after winter, ornamental plans or shrubs that do not offer effective erosion and sediment protection shall not be considered perennial vegetation. Permanent Cover. Surface types that will prevent soil failure under erosive conditions. Examples include: concrete, perennial vegetation, or other landscaped material that will permanently arrest soil erosion. Permittees must establish a uniform perennial vegetative cover (i.e., evenly distributed, without large bare areas) with a density of 70 percent of the native background vegetative cover on all areas not covered by permanent structures, or equivalent permanent stabilization measures. Permanent cover does not include temporary BMPs such as wood fiber blanket, mulch, and rolled erosion control products. Permit. Written warrant or license granted for construction, subdivision approval, or to allow land disturbing activities. Permit Holder. Person or persons, firm, governmental agency, or other institution that is issued a permit and is responsible for compliance with the terms and conditions of this chapter. Public Waters. All water basins and water courses, as defined in Minnesota Statute § 103G.005, Subd. 15, as it may be amended from time to time. Responsible Person(s). The responsible person(s) are the owner of the property upon which a Land Disturbing Activity takes place and any person(s) performing a Land Disturbing Activity. Sediment. Solid matter carried by water, sewage, or other liquids. Storm Sewer System. Any conveyance or system of conveyances for storm water, including road with drainage systems, streets, catch basins, curbs, gutters, ditches, man -made channels, ponds, or storm drains. Storm Water. Water that is generated by rainfall or snowmelt which causes runoff. City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-450 Page 13 of 24 Storm Water Pollution Prevention Plan (SWPPP). A plan for storm water discharge that includes all required content under Section 54.07 that describes the erosion prevention, sediment control, and waste control BMPs. Structure. Anything manufactured, constructed, or erected which is normally attached to or positioned on land, including portable structures, earthen structures, roads, parking lots, paved storage areas, fences and retaining walls. Waters of the State. As defined in Minnesota Statute § 115.01, Subd. 22, the term “waters of the state” means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, wh ich are contained within, flow through, or border upon the state or any portion thereof. Wetlands. As defined in Minnesota Statute § 7050.0186, Subd. 1a.B, the term “wetlands” means those areas that are inundated or saturated by surface water or groundwa ter at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Const ructed wetlands designed for wastewater treatment are not waters of the state. Wetlands must have the following attributes: 1. A predominance of hydric soils; 2. Inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in a saturated soil condition; and 3. Under normal circumstance support a prevalence of such vegetation. 54.06: SCOPE AND EFFECT Subd. 1. Applicability. Every person, prior to commencin g any land disturbing activities, shall apply for and secure a permit from the City. Land disturbance permits shall fall under two main categories: over one acre and under one acre. Where the area to be disturbed is greater than or equal to one acre or part of a larger common plan or development greater than or equal to one acre, a Storm Water Pollution Prevention Plan (SWPPP) must be submitted to the Issuing Authority. No land disturbance permit, grading permit, building permit, subdivision approval, or ot her permit to allow land disturbing activities shall be issued until approval of the SWPPP or a waiver of the approval requirement has been obtained in strict conformance with the provisions of this chapter. All Land Disturbing Activity, including without limitation such Activity which disturbs less than one acre of land, must meet the requirements of this section. The provisions of Subd. 2. Below apply to all land, public or private. Subd. 2. Exemptions. The provisions of this chapter do not apply to: (a) Any part of a subdivision if a plat for the subdivision has been approved by the City Council on or before the effective date of this chapter; (b) A lot for which a building permit has been approved on or before the effective date of this chapter; (c) Emergency work to protect life, limb, or property, provided that erosion control measures, including any necessary remedial action, are implemented as soon as possible; City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-450 Page 14 of 24 (d) Tilling, planting, or harvesting of agricultural, horticultural, or silvicultural (forestry) crops, or other agricultural production operations, including private gardens ; (e) An excavation below finished grade and backfilling for basements and footings of a building, retaining wall, or other structure authorized by a valid building permit; (f) Cemetery graves; (g) A separate grading permit may not be required in cases where a grading and drainage plan for a private development has been approved as part of a subdivision or other land use approval; (h) Any land disturbing or land filling activitie s relating to general yard maintenance or landscaping, unless the volume of soil or earth stored or moved exceeds 50 cubic yards or has the potential to impact drainage; or (i) Mining, quarrying, excavating, processing, stockpiling operations subject to an alt ernative City regulatory process. Subd. 3. Termination of Exemption. If the land disturbance activity threatens or impedes the ability of the City to meet its own permit requirements under the National Pollutant Discharge Elimination System (NPDES) progr am, obstructs a water course, or has the potential to impact drainage, the Issuing Authority may terminate the exemption and require the Applicant to obtain a land disturbance permit in full compliance with this chapter. Subd. 4. Responsible Person(s). When a permit is issued, the person or entity to whom the permit is issued shall be responsible for all Land Disturbing Activities from permit issuance to closure, unless the Issuing Authority approves a transfer of responsibility to a new owner or Responsi ble Person when the land is sold. 54.07: LAND DISTURBANCE PERMIT SUBMITTAL PROCEDURES Subd. 1. Land Disturbance Permit Application. A land disturbance permit shall be submitted to the City on a City-approved application and shall conform to the standard s set forth in this chapter. The Issuing Authority shall review the application and submitted documents to determine if the application is complete. Incomplete applications will be returned to the Applicant, the Issuing Authority shall advise the Applicant which elements are not in compliance. Subd. 2. Application and Regulations. The City shall make available the necessary application forms for the permits required. Application for a grading and land disturbance permit shall be filed with the City by the property owner or designated agent on an official application form. Subd. 3. Fees and Financial Security. (a) Permit fees shall be charged to the Applicant based on the most recent fee schedule adopted by City Council resolution. (b) The Applicant may also be required to provide an escrow and shall agree to pay the total cost of staff and consultant time spent exclusively in reviewing and inspecting the project. (c) All Applicants, except in those situations in which the Applicant is performing the work for which the permit is sought under contract with the City, shall file with the City a letter of credit or cash surety in an amount and form to be determined by the City Engineer, based on City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-450 Page 15 of 24 the type of work to be performed. The letter of credit or cash surety shal l guaranty the Applicant’s performance of all requirements related to the permit. Subd. 4. Site Map and Plan. A site map and plan must be submitted with the application, which shall include the following (no application will be reviewed until all necessary information has been submitted): (a) Property lines and existing/proposed structures. (b) Existing and proposed topography (not exceeding two-foot contours) and clearly marked drainage patterns, ditches, and swales. (c) Locations and dimensions of all proposed land disturbing activities. (d) Wetlands, floodplain/floodway, streams, etc. (may require separate delineation). (e) Erosion prevention and sediment control BMPs. (f) Restoration plan/permanent erosion prevention and sediment control BMPs. (g) Areas not to be disturbed on site (septic sites, buffers, etc.) (h) Protective fencing. (i) Staff may require more information, including technical r eports, as deemed necessary for the review of the project. Subd. 5 Storm Water Pollution Prevention Plan (SWPPP). A SWPPP shall be a required component of the land disturbance permit when the area of disturbance is equal to or greater than one acre. At a minimum, the SWPPP shall contain the following information: (a) Project Information: (1) A project description, including the nature and purpose of the Land Disturbing Activity and the amount of grading, utilities, and building construction involved. (2) A project narrative describing the timing for installation of all erosion prevention and sediment control BMPs. (3) Site location and property address. (4) Property owner’s name, address, and telephone number. (5) The name, address, and telephone number of the Applicant. (6) Names, addresses, telephone numbers, and responsibilities of all contractors, subcontractors, and other persons who will engage in the Land Disturbing Activities. (7) Name, address, and telephone numb er of a single individual responsible for overseeing implementation of the erosion control plan on site. (8) Number of acres to be disturbed, number of acres of impervious surface for pre - and post-construction. (9) Phasing of construction, including time frames a nd schedules. (10) Date SWPPP was prepared and name of preparer. (b) Existing Site Map. A map of existing site conditions showing the site and immediately adjacent areas, including: (1) Location of the tract by an insert map at a scale sufficient to clearly identify t he location of the property and giving such information as the names and numbers of adjoining roads, railroads, utilities, subdivision, towns, and districts or other landmarks. (2) Existing topography with a contour interval appropriate to the topography of th e land, but in no case having a contour interval greater than two feet. City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-450 Page 16 of 24 (3) A delineation of all receiving waterbodies, including streams, rivers, public waters, and wetlands located on, immediately adjacent or to which the site discharges to. Including any designations for special or impaired waters. The classification given to water body or wetland shall be consistent with the State Department of Natural Resources, the State Pollution Control Agency and/or the United States Army Corps of Engineers. (4) Location and dimensions of existing storm water drainage systems and natural drainage patterns on and immediately adjacent to the site delineating in which direction and at what rate storm water is conveyed from the site, identifying the receiving stream, river, pu blic water, or wetland, and setting forth those areas of the unaltered site where storm water collects. (5) A description of the soils of the site, including a map indicating soil types of areas to be disturbed as well as a soil report containing information o n the suitability of the soils for the type of development proposed and for the type of sewage disposal proposed and describing any remedial steps to be taken by the Applicant to render the soils suitable. (6) Existing vegetative cover and clearly delineating any vegetation proposed for removal. (7) Locations of existing buffer strips. (8) One-hundred-year floodplain, flood fringes, and floodways. (c) Site Construction Plan. A site construction plan including: (1) Schedule of anticipated starting and completion date of each Land Disturbing Activity, including the timing of installation of construction site erosion and sediment control measures. (2) Locations and dimensions of all proposed land disturbing activities. (3) Locations and dimensions of all temporary stockpiles. (4) Description of all BMPs for the site and the sequence and schedule of when BMPs will be implemented. (5) Location and type of all temporary and permanent erosion prevention and sediment control BMPs. (6) Estimated quantities for all erosion prevention and sediment co ntrol BMPs. (7) Standard details and/or specifications for all BMPs. (8) Identify temporary sediment basins, if more than ten acres are disturbed and drain to a single point of discharge. (9) Calculations used for the design of temporary sediment basins. (10) Dewatering practices. (11) Procedures used to establish additional temporary BMPs as necessary for the site conditions during construction. (12) Any vehicular access locations for the site. (13) Locations of areas to be phased to minimize duration of exposed soils. (14) Final stabilization plan for each phase. (15) Methods used for permanent cover of all exposed soil areas. (16) Areas not to be disturbed on site. (17) Identification of required buffer zone areas. City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-450 Page 17 of 24 (18) A description of construction and waste materials to be stored on -site, and a description of controls and storage practices to minimize exposure of the materials to stormwater. (19) A description of spill prevention controls. (d) Plan of Final Site Conditions. A plan of final site conditions on the same scale as the existing site map showin g the site changes including: (1) Finished grading shown at contours at the same interval as provided above or as required to clearly indicate the relationship or proposed changes to existing topography and remaining features. (2) A landscape plan, drawn to an app ropriate scale, including dimensions and distances and the location, type, size, and description of all proposed landscape materials which will be added to the site as part of the development. (3) A drainage plan of the developed site delineating in which dire ction and at what rate storm water will be conveyed from the site and setting forth the areas of the site where storm water will be allowed to collect. (4) The proposed size, alignments and intended use of any structures to be erected on the site. (5) A clear delineation and tabulation of all areas which shall be paved or surfaced, including a description of the surfacing material to be used. (6) Any other information pertinent to the project which, in the opinion of the applicant, is necessary for the review of the p roject. (e) MPCA Permit. Copy of MPCA permit for discharging storm water from construction activity (MN R100001). 54.08: PLAN REVIEW PROCESS Subd. 1. Permit Approval/Denial. City staff shall review all documents submitted pursuant to this section, and, if necessary, shall require additional data or clarification of data submitted. City staff shall notify the Applicant of the decision on the permit. In the event that the permit is denied by staff the Applicant shall have the right to request a hearing bef ore the City Council within five days of notification of permit denial. Failure to timely make a request for such review hearing, in writing, shall be deemed a waiver of such appeal right. Subd. 2. SWPPP Process. SWPPPs meeting the requirements of Sectio n 54.07 of this chapter and minimum BMP requirements of Section 54.09 of this chapter will be reviewed by the Issuing Authority which may approve, approve with conditions, or deny the SWPPP. (a) Duration. Approval of a SWPPP submitted under the provisions of this chapter shall expire one year after the date of approval unless construction has commenced in accordance with the plan. However, if prior to the expiration of the approval, the Permit Holder makes a written request to the City for an extension of time to commence construction setting forth the reason for the requested extension, the City may grant one extension of not greater than one additional year. Receipt of any request for an extension shall be acknowledged by the City within 15 days. The City sha ll make a decision on the extension within 30 days of receipt. City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-450 Page 18 of 24 (b) Condition. A SWPPP may be approved subject to compliance with conditions reasonable and necessary to ensure that the requirements contained in this chapter are met. Such conditions may, among other matters, limit the size, kind, or character of the proposed development, require replacement of vegetation, establish required monitoring procedures, stage the work over time, or require alteration of the site design to ensure buffering. (c) Financial Security. Prior to approval of any SWPPP, the Applicant shall submit a financial security in the amount specified by the current City fee and security structure, or as determined by the City Engineer. The securities shall guarantee completion and compliance with conditions within a specific time, which time may be extended in accordance with Subd. 2. (a) above. The adequacy, conditions, form, and acceptability of any financial security shall be determined by the City. 54.09 MINIMUM CONSTRUCTION SITE BEST MANAGEMENT PRACTICES Subd. 1. General. No land disturbance which fails to meet the standards contained in this section shall be approved by the City Council or Issuing Authority. Temporary and permanent erosion and sediment control methods to be used , may include, but are not limited to, types of mulches, vegetation, diverters, silt fence, bio -logs, rock construction entrances, dikes, and drains. The method to be used shall be identified on the application and will be performance based and must be ins talled prior to any land disturbance. All grading and construction activity that results in disturbance of the ground shall comply with MPCA’s General Permit to Discharge Stormwater Associated with Construction Activity (MN R100001) and the Minnesota Storm water Manual. Subd. 2. Site Dewatering. Waters related to Dewatering or basin draining must be discharged to a temporary or permanent sediment basin on the project site unless infeasible. If discharging to a sediment basin is infeasible, it must be treat ed with appropriate BMPs such that the discharge does not adversely affect the surface water or downstream properties. All discharge from dewatering activities must be done in a manner that does not cause erosion, scour, or flooding. Subd. 3. Construction Site Waste. (a) Solid Waste. Collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, construction and demolition debris, and other wastes must be disposed of properly and must comply with MPCA disposal requirements. (b) Hazardous Materials. Oil, gasoline, paint, and any hazardous substances must be properly stored, including secondary containment, to prevent spill, leaks, or other discharge. Restricted access to storage areas must be provided to prevent vandalism. Storage and disposal of hazardous waste must be in compliance with MPCA regulations. (c) Liquid Waste. All other non-storm water discharges (concrete truck washout, vehicle washing, maintenance spills, and the like) conducted during the construction activity shall be managed and disposed of in a way that will prevent discharge to the municipal storm sewer, wetlands, natural drainageways, or waters of the state. (d) Erosion Prevention Practices. Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as necessary to prevent erosion. Sheet flow runoff from adjacent areas shall also be City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-450 Page 19 of 24 diverted around disturbed areas, if practical. Diverted runoff shall be conveyed in a mann er that will not cause erosion, scour, or flooding. (e) Sequencing. All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time. (f) Stabilization. Exposed soils shall be stabilized, including sto ckpiles, whenever it is known that Land Disturbing Activity will cease for 14 days or more. The stabilization must be initiated immediately and completed within 14 days. (g) Stockpiles. Stockpiles must be located outside of buffers and stormwater conveyances and have effective sediment controls in place the prevent discharge. For soil stockpiles greater than ten cubic yards, the toe of the pile must be more than 25 feet from a road, dra inage channel, or stormwater inlet. If such stockpiles will be left for 14 days, they shall be stabilized by mulching, vegetative cover, tarps, or other means. If left for less than 14 days, stockpiles shall be controlled by placing effective sediment cont rols around the base of the pile. In-street utility repair or construction storage piles must be covered with tarps or a suitable alternative control, and storm drain inlets must be protected with an appropriate filtering barrier. Subd. 4. Sediment Control Practices. (a) Perimeter Controls. Establish sediment control BMPs on all downgradient perimeters of the site and downgradient areas of the site that drain to any surface water, including curb and gutter systems. (b) Inlet Protection. All storm drain inlets shall be protected during construction until final stabilization has been established or until approval from the City. (c) Vehicle Tracking. Vehicle tracking of sediment from the site must be minimized by BMPs such as rock construction entrances, track pads, wash racks, or equivalent systems. Vehicle tracking of sediment onto paved surfaces must be removed by street sweeping as needed to prevent discharge of sediment laden water from entering the City storm sewer system. (d) Buffer. Maintain a 50-foot natural buffer or, if a buffer is infeasible on the site, provide redundant (double) perimeter sediment controls when a surface water is located within 50 feet of the land disturbances and storm water flows to the surface water. Redundant perimeter controls must be at least five feet apart unless limited by lack of available space. 54.10: INSPECTION AND MAINTENANCE Subd. 1. Initial Inspection. The Permit Holder shall notify the Issuing Authority when initial erosion and sediment control measures are installed in acc ordance with the permit. No Land Disturbance Activities shall begin prior to approval from the Issuing Authority that all pre - construction erosion and sediment control measures are correctly installed per the approved plans and/or BMPs. Subd. 2. Routine Inspection. (a) For permits under one acre, the Permit Holder, upon completion of rough grading, shall notify the City to perform an inspection. Once that inspection has been completed and any corrections or modifications to the grade are completed, the Permit Holder may then City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-450 Page 20 of 24 complete the finished grade and set the appropriate erosion control devices in place and complete any planting or seeding as required by the permit. The Issuing Authority may require additional inspections or re -inspections as needed and deemed necessary. (b) For permits requiring a SWPPP, the Permit Holder shall ensure the entire construction site is inspected on a regular schedule and that BMPs on the site are maintained and functioning. The Permit Holder shall inspect the construction site at least once every seven days during active construction and within 24 hours after a rainfall event greater than one -half inch in 24 hours. A written record must be kept of each inspection. The inspection frequency may be reduced to once per month on area s of the site with permanent cover. If there is no active construction at the site and permanent cover is in place, monthly inspections may cease after 12 months. Inspections may cease during frozen conditions when construction has stopped but must resume within 24 hours of runoff or it construction begins again. Any deficiencies shall be noted in a report and shall be signed by the person performing the inspection. All site inspection reports are subject to review by the City at any time and the Permit Ho lder shall promptly provide such documentation to the City, upon request. (1) Applicants must record all inspections and maintenance activities within 24 hours of being conducted and retain records with the SWPPP. The inspection report shall include the following minimum information: (A) Date and time of inspection. (B) Name of persons conducting inspection. (C) Findings of inspections, including specific location where corrective actions are needed. (D) Corrective actions taken (including dates, times, and party complet ing maintenance activities). (E) Date of all rainfall events greater than one -half inch in 24 hours. (F) Any observed discharges during the inspection, with photographs, locations, and a description of the discharge. (G) Any amendments to the SWPPP proposed as a resu lt of the inspection. (c) The Issuing Authority may also perform inspections of the site to verify compliance with the approved plans and/or SWPPP. Should it be found that the control methods are ineffective or not being maintained properly, the Issuing Autho rity may take enforcement actions described within this chapter, and may utilize any posted escrow or security funds to finance such enforcement actions. Subd. 3. Final Inspection. Once the site is stabilized a final inspection shall be requested. The site shall be considered stabilized when a final inspection performed by the City determines that the following conditions are met: (a) All soil disturbing activities have been completed. (b) All areas that have been disturbed are covered with perennial vegetation or permanent cover. Perennial vegetation shall be considered established and completed for stabilization when it has established a healthy and growing stand with a uniform cover of at least 70 percent of the expected final vegetative growth density. (c) The permanent stormwater management system has been constructed and is operational. (d) Sediment has been removed from basins, ditches, and other conveyance systems. City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-450 Page 21 of 24 (e) Temporary BMPs have been removed. Subd. 4. Maintenance. The Permit Holder must inspect and maintain all erosion and sediment control BMPs to ensure integrity and effectiveness. The Permit Holder must repair, replace, or supplement all nonfunctional BMPs with functional BMPs by the end of the next business days after discovery. Permit Holders may take additional time if field conditions prevent access to the area. 54.11: COMPLETION OF WORK Work will be considered complete when all exposed soil areas have undergone final stabil ization and have permanent cover as defined in Section 54.05 of this chapter, is constructed to finish grade, is in conformance with all permit conditions of approval to the satisfaction of the City and has passed a final inspection. The Permit Holder or r epresentative shall notify the Issuing Authority when the land disturbing operations are ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion control measures, have been completed and final stabilization has occurred in accordance with this chapter. 54.12: ENFORCEMENT PROCEDURES The Issuing Authority may also perform inspections of the site to verify compliance with the approved plans and this chapter. Should it be found that the site control methods are ineffective or not being maintained properly, the Issuing Authority may proceed with any or all of the following enforcement actions: Subd. 1. Right of Entry. The Permit Holder shall allow Issuing Authority to: (a) Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations, inspections, surveys, or correcting deficiencies in erosion and sediment control. (b) Bring such equipment upon the permitted site as is necessary to conduct such surveys and investigations. (c) Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of this permitted site. (d) Inspect the storm water pollution control measures. (e) Sample and monitor any items or activities pertaining to storm water pollution. Any temporary or permanent obstruction to the safe and easy access of such an inspection shall be promptly removed upon the inspector’s request. The cost of providing such acce ss shall be borne by the Applicant. Subd. 2. Warning Letter. If, upon inspection by the Issuing Authority, the Permit Holder fails to implement the erosion and sediment control practices outlined in the approved SWPPP or minimum BMP standards outlined in this chapter, the Issuing Authority will notify the Permit Holder with a letter of warning which outlines the issues of non -compliance and a timeline for completion of any work to bring the site into compliance. However, nothing in this paragraph shall pr ohibit the City from taking Emergency Action, without the provision of such Warning Letter, pursuant to subdivision 9 below. City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-450 Page 22 of 24 Subd. 3. Refusal of Inspection. Request for an inspection of any permitted activity may be denied if it is found that the erosion and sediment control measures have not been implemented or are found to be ineffective or are not maintained. No permits will be issued until the erosion and sediment control measures have been implemented and any violations have been abated. Subd. 4. Denial of Permit Issuance. The Issuing Authority is authorized to deny the issuance of any permit to the Permit Holder or other Responsible Persons if it is found that the erosions and sediment control measures have not been implemented or are found to be i neffective or are not maintained. No permits will be issued until the erosion and sediment control measures have been implemented and any violations have been abated. Subd. 5. Stop Work Order. The Issuing Authority is authorized to issue a stop work orde r for any or all construction activity within the established boundary of the permit. The stop work order shall be in writing and shall be given to the owner of the property involved, the owner’s agent, or the person doing the work. In addition, notice of the stop work order shall be posted on the site. Upon issuances of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the work will be permitted to resume. Any person who shall continue to work after having been served a stop work order, except such work as directed by the City to perform to remove a violation or unsafe condition, is guilty of a public offense and may be subject to penalties as prescribed herein. Subd. 6. Abatement. Should any person fail to comply with the provisions of this chapter, the Issuing Authority is authorized to correct or abate such violation. The work will be done by a designated governmental agency, or a contractor, and the expense thereof will be charged to the Permit Holder and/or recovered from Permit Holder’s posted escrow or security. This action can be taken in lieu of, or in conjunction with, any enforcement actions set forth in this chapter. Subd. 7. Notice of Violation. The Issuing Authority is authorized to serve a Notice of Violation or order on the Permit Holder or any person or entity found to be doing work in violation of the provision of this chapter. Such order shall direct the discontinuance of the illegal action o r condition and order the abatement of the violation by the Responsible Person. Delivery of such Notice to a contractor or other person or entity performing the work shall be deemed as the provision of Notice to the Permit Holder as well. Subd. 8. Action Against the Financial Security. The Issuing Authority may act against the financial security, if any of the conditions listed below exist. The Issuing Authority shall use funds from this security to finance any corrective or remedial work undertaken by th e Issuing Authority or a contractor under contract to the City and to reimburse the City for all direct cost incurred in the process of remedial work including, but not limited to, staff time, costs, and attorneys’ fees: (a) The Permit Holder ceases land distu rbing activities and/or filling and abandons the work site prior to completion. (b) The Permit Holder fails to conform to any Issuing Authority approved grading plan and/or the SWPPP, or related supplementary instructions, or any other permit requirement. (c) The techniques utilized under the SWPPP fail within one year of installation. (d) The Permit Holder fails to reimburse the City for corrective action taken, or for other costs incurred by the City in processing, reviewing, or otherwise enforcing the applicable per mit. City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-450 Page 23 of 24 (e) Emergency action under Subd. 9 below. Subd. 9. Emergency Action. If circumstances exist such that non -compliance with this chapter poses an immediate danger to the public health, safety, and welfare, as determined by the Issuing Authority, the Issuing Authority may take emergency preventative action. The work will be d one by a designated governmental agency, or a contractor and the expense thereof will be charged to the Permit Holder. The Issuing Authority shall also take every reasonable action possible to contact and direct the Permit Holder to take any necessary acti on. Subd. 10. Recovery of Costs. Should the financial security/surety or escrow account carry a negative balance anytime during or after the project, the City shall send notice stating the deficit and amount due, including any amounts anticipated to com e due related to the project, as well as terms for payment. In the event the invoice is not paid or the escrow is not replenished per the provided terms, the City shall collect the amount due from the property owner or the property owner’s designated Responsible Person. To recover these costs, and in addition to any other remedies contemplated within this division, City Code, or other remedies available to the City at law or in equity, the City may approve a special assessment against the property on which the Land Disturbing Activity was proposed, pursuant to the process outlined in Minnesota Statute §429. By signing the application and directing the City to review and enforce the same, the Applicant agrees that the City’s review and enforcement of the pr ovisions of the permit provide a benefit to the affected property which is difficult to quantify but vital to the functionality of the property and removal of nuisance conditions thereon. Correspondingly, by signing the application and directing the City to review and enforce the same, Applicant waives any appeal to such special assessment related exclusively to the recovery of City costs incurred related to review and enforcement of the provisions of the permit. The City may issue a stop work order and/or discontinue City work on and review of the project at any time should the balance go negative. 54.13: RELEASE OF SECURITY. The security and any unused escrow funds deposited with the City for faithful performance of the land disturbances, grading, and erosion control work shall be released at the time when all conditions have been met and no action against such security has been filed. 54.14: PENALTY. Any person, firm, corporation, or agency acting as principal agent, employee, or otherwise, who fails to comply with the provisions of this chapter shall be guilty of a misdemeanor and upon convictions thereof shall be punishable by a fine of not more than $1,000.00, or by imprisonment in jail for not more than 90 days, or by both, for each separate of fense. Each day a violation of this chapter is committed or permitted to continue shall constitute a separate offense. 54.15 SEVERABILITY Should any portion of this division be determined to be unenforceable or contrary to applicable federal or state law, such determination shall not affect the validity of all remaining portions of this division. City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-450 Page 24 of 24 SECTION 7. Effective Date This Ordinance shall be in full force and effect upon its adoption. ADOPTED by the City Council on the 24th day of February, 2022. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehrenkamp, Dean Tom McKee - Mayor ATTEST: City Seal Jessica Beise – Administrative Services Director City of Corcoran February 24, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-15 Page 1 of 2 Motion By: Seconded By: A RESOLUTION APPROVING FINDINGS OF FACT FOR AN ORDINANCE AMENDING THE TEXT OF SECTION 950 OF THE SUBDIVISION ORDINANCE, SECTION 1030.060 OF THE ZONING ORDINANCE, CHAPTER 40 OF TITLE IV, AND TITLE V OF THE CORCORAN CITY CODE RELATED TO LAND DISTURBANCE AND EROSION AND SEDIMENT CONTROL REGULATIONS (CITY FILE 21-051) WHEREAS, the Minnesota Pollution Control Agency last updated and reissued the Municipal Separate Storm Sewer System (MS4) General Permit No. MN R04000 on November 16, 2020, pursuant to Minnesota Rule 7090; and WHEREAS, the City of Corcoran’s MS4 permit requires revisions to and codification of the City’s Stormwater Pollution Prevention Program (SWPPP) within 12 months of the date General Permit coverage is extended; and WHEREAS, the proposed text amendments to the City Code meet or exceed all minimum standards to comply with the updated MS4 requirements; and WHEREAS, the Planning Commission has reviewed the proposed text amendments at a duly called Public Hearing; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Corcoran, Minnesota, that it approves amendments to Section 950 (Erosion Control), Section 1030.060 (Mining and Soils Processing), Title IV (Construction Regulations), and Title V (Public Works) of the City Code to update regulations related to Land Disturbance and Erosion and Sediment Control, based on the following findings: 1. Uncontrolled Land Disturbing Activities, particularly at construction sites, are subject to soil erosion and other pollutants . 2. When soil erosion and pollutants enter receiving water bodies , the public health, safety, and general welfare is adversely affected by impacts to water quality, creations of nuisances, impairment of other beneficial uses of environmental resources, and obstructing the ability of the City to provide adequate water, sewage, flood control, and other community services. 3. The proposed text amendments consolidate Land Disturbance and Erosion and Control regulations into a single chapter within Title V of the City Code to reflect its function within Public Works, provide ease of use to the public, and allow for efficient updates in the future when MPCA revises permits on an anticipated timeline of every five years. City of Corcoran February 24, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-15 Page 2 of 2 4. The proposed text amendments are consistent with and codify existing City practices in the implementation of MS4 and SWPPP requirements. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 24th day of February, 20 22. ________________________________ Tom McKee - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – Administrative Services Director 451City of Corcoran February 24, 2022 County of Hennepin State of Minnesota ORDINANCE NO. 202 2-451 Page 1 of 1 Motion By: Seconded By: SUMMARY OF ORDINANCE NO. 202 2- AN ORDINANCE AMENDING THE TEXT OF SECTION 950 OF THE SUBDIVISION ORDINAN CE, SECTION 1030.060 OF THE ZONING ORDINANCE, CHAPTER 40 OF TITLE IV, AND TITLE V OF THE CORCORAN CITY CODE RELATED TO LAND DISTURBANCE AND EROSION CONTROL AND SEDIMENT CONTROL REGULATIONS (CITY FILE 21-051). The text of Titles IV (Construction Regulations), V (Public Works), IX (Subdivision Ordinance), and X (Zoning Ordinance) of the City Code of the City of Corcoran, Minnesota, is hereby amended with revised definitions and provisions for land disturbance activities related to the City’s Municipal Separ ate Storm Sewer System (MS4) General Permit No. MN R04000 and Stormwater Pollution Prevention Plan. A printed copy of the entire amendment is available for inspection by any person at City Hall during the City Clerk’s regular office hours. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 24th day of February, 2022. Tom McKee – Mayor ATTEST: City Seal Jessica Beise – Administrative Services Director STAFF REPORT Agenda Item 7d . Council Meeting: February 24, 2022 Prepared By: Jessica Beise Topic: City Code Chapter 83 – Clerical Correction Action Required: Approval Su m mar y : On November 10, 2021, Council adopted a change to the Parks and Recreation Chapter of the City Code. When the City began codification early this year, it was discovered that the definition for Cider was incomplete, and section 8 did not indicate which parts were stricken from the current code. The attached ordinance completes the cider definition and shows the previous section 8 and the new language that was adopted. Fi n anc i al/B ud get: There will be a small cost to republish the corrected ordinance via a new summary ordinance. Co un c i l A c t i on: Adopt Ordinance 2022-452 Amending the Text of Chapter 83 Adopt Ordinance 2022-453 Summary Ordinance of Ordinance 2022-452 and authorize summary publication. A tt ac h men t s : 1.Ordinance 2022-452 2.Summary Ordinance 2022-453 City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-452 Page 1 of 4 Motion By: Seconded By: AN ORDINANCE AMENDING THE TEXT OF CHAPTER 83 OF THE CORCORAN CITY CODE RELATED TO PARKS AND RECREATION THE CITY OF CORCORAN ORDAINS: SECTION 1. Amendment of the City Code. The text of Chapter 82.04 Subd. 5 (A)(10) “Actions Constituting Public Nuisances” (Nuisances) of the Corcoran City Code is hereby amended by deleting the stricken material and adding the underlined materials as follows: PARKS AND RECREATION DEFINITIONS. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. BEER. Beer, ale, porter, stout, and other similar fermented beverages of any name or description containing 0.5% or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute for malt. CIDER. A product that contains not less than one -half of one percent nor more than seven percent alcohol by volume and is made from the alcoholic fermentation of th e juice of apples. Cider includes, but is not limited to, flavored, sparkling, and carbonated cider. ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine, lobelia or any other substance intended for human consumption through the inhala tion of aerosol or vapor from the product. This includes, but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or under any other product name or descriptor. Electronic delivery device does not include any product that has been approved or certified by the United States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose. FLAVORED MALT/SUGAR BEVERAGE. A fermented malt/sugar beverage that contains 6% or less alcohol by volume, but does not include cider or an alcoholic beverage obtained primarily by fermentation of rice, such as sake. GOLF BALL. Any ball which is of the type used to play the game of golf and shall also include any projectile of solid construction capable of being struck or propelled by a golf club. PARKS. Parks, playgrounds, recreational fields, buildings and streams therein, and all public service facilities conducted on grounds, buildings and structures in this municipality which are under control of the city. PRACTICE GOLF BALL. Any ball which is not of the type used to play the game of golf and is composed of a thin hollow sphere of plastic or other similar light weight material. TOBACCO PRODUCT. Cigarettes, cigars, cheroots, crimp cut, granulated, perique, pug cut, ready, rugged, stogies and other smoking tobacco; cavendish, plug, snuff, snuff flower and twist tobacco; fine cut and other chewing tobaccos; clippings, cuttings, refuse scripts, shorts and sweepings of tobaccos; and other kinds and forms of tobaccos, prepared in such a manner as to be suitable for chewing, sniffing, or smoking in a pipe; rolling paper; or other tobacco-related devices. City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-452 Page 2 of 4 TOBACCO USE. Smoking, chewing, snuffing or otherwise inhaling or ingesting any tobacco product. WINE. Means a vinous alcoholic beverage containing not more than 14 percent alcohol by volume. HOURS OF OPERATION. No person, unless the person is a duly authorized employee of the city, shall be upon any park property between the hours of 11:00 p.m. and 6:00 a.m. of the following day. No person shall leave or park a vehicle in any of the parks, or parking lots within parks between the hours of 11:00 p.m. and 6:00 a.m. of the following day. Penalty, see §10.99 ACTIVITY. 1. Defacing park property. No person shall cut, break, scratch, mark or in any way injure or deface any building, fence, pump, lamp, flagpole, construction improvement, facilities or any other feature or property upon or within any park. 2. Defacing of trees. No person shall, without specific permission of the city, in any way injure or deface any tree, shrub or plant within the limits of any park. 3. Littering. No person shall throw, deposit, place or leave in any park or waters, cans, bottles or refuse of any kind, whether or not the same is offensive to the senses or is injurious to health, except in the receptacles provided for waste. 4. Posting of signs. No person shall place, post, fasten, paint or affix any blackboard, bill, notice or sign upon any structure, trees, stone, fence, thing or enclosure along or within any park. 5. Moving equipment. No person shall move benches, seats and tables from their places in any park, except on picnic places and there only within designated limits. 6. Sales in park. No person shall sell or offer for sale any article or thing whatsoever in any park; this prohibition shall not apply to the sale of refreshments and other articles by persons from the city or under its direction or wherein specific authorization has been given by the city. 7. Breach of the peace. No threatening, profane, abusive, disorderly, insulting or indecent language, conduct or behavior, or any act intending to be a breach of the public peace, shall be allowed in or upon any park, playground or park water; nor shall any person or persons gamble, or drink intoxicating liquor, except as allowed in 83.03 (8). 8. Alcoholic beverage consumption in park. 3.2 malt liquor may be consumed at city parks. No sale of intoxicating liquor or 3.2 malt liquor may take place without first securing the appropriate liquor license from the city, in accordance with the alcoholic beverages licensing section of the city code. Exclusively during events which are so licensed by the city, malt liquor may be consumed at the city park hosting the event. Sale and consumption of malt liquor in the park shall cease at the close of the event. City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-452 Page 3 of 4 Alcoholic beverage consumption in park. No person shall serve, possess or consume any alcoholic beverage, except beer, flavored malt/sugar beverages and wine, within a park. No sale of beer, flavored malt/sugar beverages, or wine may take place without first securing the appropriate liquor license from the city, in accordance with the alcoholic beverages licensing section of the city code. Exclusively during events which are so licensed by the city, beer, flavored malt/sugar beverages, and wine may be consumed at the city park hosting the event. Sale and consumption of beer, flavored malt/sugar beverages, and wine in the park shall cease at the close of the event. Beer, flavored malt/sugar beverages, and wine must be packaged only in their original, glass -free container to be allowed inside the parks. Kegs, barrels, case lot quantities or other bulk tap quantities will not be allowed inside city parks. 9. Animals in park. All dogs or other domestic animals must be restrained on a leash, no longer than 6 feet, and under direct control at all times. The person controlling the dog or animal must have in their possession means to clean up any animal feces. The person controlling the dog or animal shall be responsible for cleaning up any feces of the animal and disposing of the feces in a sanitary manner. 10. Fires regulated. No person shall start any fire at any park except a small fire for culinary purposes, which may be made by picnic parties in the parks pursuant to regulations established by the city. The fire must be contained within a grill, metal fire ring or similar device. No burn barrels, open burning or recreational fires placed on the bare ground are permitted. Every person who starts any fire and every person starting or using the fire shall completely extinguish the fire or fires before leaving the park and shall dispose of any residue or refuse there from. 11. Swimming regulations. No person shall swim, bathe, or enter waters of any public park within the city. 12. Horses. No person shall bring or take a horse or horses upon park property, except in instances wherein the horse or horses shall be confined within a trailer type vehicle transporting the horse or horses without delay through the park. This division does not apply wherein the city has established an appropriately marked and specified bridle path within the park providing the horse or horses are confined by the attending person to the marked and specified bridle path. 13. Parking regulations. No person shall place, park, or drive upon any park property any motor driven vehicle, except upon duly specified road and parking lot areas. 14. Containers. No glass containers will be allowed in Corcoran city parks. Penalty, see § 10.99 15. Tobacco. No person shall use tobacco products or electronic delivery devices in city -owned parks, open space areas, pavilions, shelters, buildings, including trails used for walking and biking or on property for which the City retains a perpetual easement for public use as a park. This division does not apply to the use of tobacco products in motor vehicles legally parked on the premises of city -owned parks, open spaces and recreational facilities. 16. Golf. No person shall hit, drive, stroke or otherwise propel a golf ball or practice golf ball upon, in, over or across any street, avenue, alley or public place including public parks except within areas of public parks which have been designated for that activity. (Ord. 305, passed 09-23-21) City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-452 Page 4 of 4 PARK SHELTER RENTAL. Any party wishing to reserve the park shelter building must have a permit from the city in writing. The city reserves the right to refuse rental based on past experience with a renter or established policy governing type of use. A fee and deposit, in an am ount to be set from time to time by council resolution shall be paid 72 hours in advance. If the premises are left the way they were found, and no damages done to the property, the initial damage deposit will be refunded The renter shall be responsible for any damage cost beyond the initial deposit amount. USE OF BALL FIELDS. All users of the ball fields must pay a fee and damage deposit in an amount to be set from time to time by council resolution. This fee and de posit shall be paid 72 hours in advance of the tournament, except for the City of Corcoran Park benefits. If the premises are left the way they were found, and no damage is done to the property, the initial damage deposit will be refunded. The renter shall be responsible for any damage cost beyond the initial deposit amount. Any tournament with 3.2 malt liquor sales must obtain a city 3.2 malt liquor licenses. (Ord. 238, passed 11-20-06) SECTION 3. Effective Date. This Ordinance shall be in full force and effect upon its adoption. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehrenkamp, Dean Whereupon, said Resolution is hereby declared and ad opted on this 24 th day of February, 2022. Tom McKee - Mayor ATTEST: City Seal Jessica Beise – Administrative Services Director City of Corcoran February 24, 2022 County of Hennepin State of Minnesota ORDINANCE NO. 2022-453 Motion By: Seconded By: SUMMARY OF ORDINANCE NO. 202 2-452 AN ORDINANCE AMENDING THE TEXT OF CHAPTER 83 OF THE CORCORAN CITY CODE RELATED TO PARKS AND RECREATION The text of Chapter 83 of the City Code of the City of Corcoran, Minnesota, is hereby amended to revise parks and recreation rules. A printed copy of the entire amendment is available for inspection by any person at City Hall during the City Clerk’s regular office hours. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehrenkamp, Dean Whereupon said ordinance is hereby declared adopted on this 24th day of February 2022. Tom McKee - Mayor ATTEST: City Seal Jessica Beise – Administrative Services Director Page 1 of 1 City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-452 Page 1 of 4 Motion By: Seconded By: AN ORDINANCE AMENDING THE TEXT OF CHAPTER 83 OF THE CORCORAN CITY CODE RELATED TO PARKS AND RECREATION THE CITY OF CORCORAN ORDAINS: SECTION 1. Amendment of the City Code. The text of Chapter 82.04 Subd. 5 (A)(10) “Actions Constituting Public Nuisances” (Nuisances) of the Corcoran City Code is hereby amended by deleting the stricken material and adding the underlined materials as follows: PARKS AND RECREATION DEFINITIONS. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. BEER. Beer, ale, porter, stout, and other similar fermented beverages of any name or description containing 0.5% or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute for malt. CIDER. A product that contains not less than one -half of one percent nor more than seven percent alcohol by volume and is made from the alcoholic fermentation of th e juice of apples. Cider includes, but is not limited to, flavored, sparkling, and carbonated cider. ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine, lobelia or any other substance intended for human consumption through the inhala tion of aerosol or vapor from the product. This includes, but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or under any other product name or descriptor. Electronic delivery device does not include any product that has been approved or certified by the United States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose. FLAVORED MALT/SUGAR BEVERAGE. A fermented malt/sugar beverage that contains 6% or less alcohol by volume, but does not include cider or an alcoholic beverage obtained primarily by fermentation of rice, such as sake. GOLF BALL. Any ball which is of the type used to play the game of golf and shall also include any projectile of solid construction capable of being struck or propelled by a golf club. PARKS. Parks, playgrounds, recreational fields, buildings and streams therein, and all public service facilities conducted on grounds, buildings and structures in this municipality which are under control of the city. PRACTICE GOLF BALL. Any ball which is not of the type used to play the game of golf and is composed of a thin hollow sphere of plastic or other similar light weight material. TOBACCO PRODUCT. Cigarettes, cigars, cheroots, crimp cut, granulated, perique, pug cut, ready, rugged, stogies and other smoking tobacco; cavendish, plug, snuff, snuff flower and twist tobacco; fine cut and other chewing tobaccos; clippings, cuttings, refuse scripts, shorts and sweepings of tobaccos; and other kinds and forms of tobaccos, prepared in such a manner as to be suitable for chewing, sniffing, or smoking in a pipe; rolling paper; or other tobacco-related devices. REVISED ITEM: 7d. City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-452 Page 2 of 4 TOBACCO USE. Smoking, chewing, snuffing or otherwise inhaling or ingesting any tobacco product. WINE. Means a vinous alcoholic beverage containing not more than 14 percent alcohol by volume. HOURS OF OPERATION. No person, unless the person is a duly authorized employee of the city, shall be upon any park property between the hours of 11:00 p.m. and 6:00 a.m. of the following day. No person shall leave or park a vehicle in any of the parks, or parking lots within parks between the hours of 11:00 p.m. and 6:00 a.m. of the following day. Penalty, see §10.99 ACTIVITY. 1. Defacing park property. No person shall cut, break, scratch, mark or in any way injure or deface any building, fence, pump, lamp, flagpole, construction improvement, facilities or any other feature or property upon or within any park. 2. Defacing of trees. No person shall, without specific permission of the city, in any way injure or deface any tree, shrub or plant within the limits of any park. 3. Littering. No person shall throw, deposit, place or leave in any park or waters, cans, bottles or refuse of any kind, whether or not the same is offensive to the senses or is injurious to health, except in the receptacles provided for waste. 4. Posting of signs. No person shall place, post, fasten, paint or affix any blackboard, bill, notice or sign upon any structure, trees, stone, fence, thing or enclosure along or within any park. 5. Moving equipment. No person shall move benches, seats and tables from their places in any park, except on picnic places and there only within designated limits. 6. Sales in park. No person shall sell or offer for sale any article or thing whatsoever in any park; this prohibition shall not apply to the sale of refreshments and other articles by persons from the city or under its direction or wherein specific authorization has been given by the city. 7. Breach of the peace. No threatening, profane, abusive, disorderly, insulting or indecent language, conduct or behavior, or any act intending to be a breach of the public peace, shall be allowed in or upon any park, playground or park water; nor shall any person or persons gamble, or drink intoxicating liquor, except as allowed in 83.03 (8). 8. Alcoholic beverage consumption in park. 3.2 malt liquor may be consumed at city parks. No sale of intoxicating liquor or 3.2 malt liquor may take place without first securing the appropriate liquor license from the city, in accordance with the alcoholic beverages licensing section of the city code. Exclusively during events which are so licensed by the city, malt liquor may be consumed at the city park hosting the event. Sale and consumption of malt liquor in the park shall cease at the close of the event. City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-452 Page 3 of 4 Alcoholic beverage consumption in park. No person shall serve, possess or consume any alcoholic beverage, except beer, flavored malt/sugar beverages , cider, and wine, within a park. No sale of beer, flavored malt/sugar beverages, cider, or wine may take place without first securing the appropriate liquor license from the city, in accordance with the alcoholic beverages licensing section of the city code. Exclusively during events which are so licensed by the city, beer, flavored malt/sugar beverages, cider, and wine may be consumed at the city park hosting the event. Sale and consumption of beer, flavored malt/sugar beverages, and wine in the park shall cease at the close of the event. Beer, flavored malt/sugar beverages, and wine must be packaged only in their original, glass -free container to be allowed inside the parks. Kegs, barrels, case lot quantities or other bulk tap quantities will not be allowed inside city parks. 9. Animals in park. All dogs or other domestic animals must be restrained on a leash, no longer than 6 feet, and under direct control at all times. The person controlling the dog or animal must have in their possession means to clean up any animal feces. The person cont rolling the dog or animal shall be responsible for cleaning up any feces of the animal and disposing of the feces in a sanitary manner. 10. Fires regulated. No person shall start any fire at any park except a small fire for culinary purposes, which may be made by picnic parties in the parks pursuant to regulations established by the city. The fire must be contained within a grill, metal fire ring or similar device. No burn barrels, open burning or recreational fires placed on the bare ground are permitted. Every person who starts any fire and every person starting or using the fire shall completely extinguish the fire or fires before leaving the park and shall dispose of any residue or refuse there from. 11. Swimming regulations. No person shall swim, bathe, or enter waters of any public park within the city. 12. Horses. No person shall bring or take a horse or horses upon park property, except in instances wherein the horse or horses shall be confined within a trailer type vehicle transporting the horse or horses without delay through the park. This division does not apply wherein the city has established an appropriately marked and specified bridle path within the park providing the horse or horses are confined by the attending person to the marked and specified bridle path. 13. Parking regulations. No person shall place, park, or drive upon any park property any motor driven vehicle, except upon duly specified road and parking lot areas. 14. Containers. No glass containers will be allowed in Corcoran city parks. Penalty, see § 10.99 15. Tobacco. No person shall use tobacco products or electronic delivery devices in city -owned parks, open space areas, pavilions, shelters, buildings, including trails used for walking and biking or on property for which the City retains a perpetual easement for public use as a park. This division does not apply to the use of tobacco products in motor vehicles legally parked on the premises of city -owned parks, open spaces and recreational facilities. 16. Golf. No person shall hit, drive, stroke or otherwise propel a golf ball or practice golf ball upon, in, over or across any street, avenue, alley or public place including public parks except within areas of public parks which have been designated for that activity. (Ord. 305, passed 09-23-21) City of Corcoran County of Hennepin State of Minnesota February 24, 2022 ORDINANCE NO. 2022-452 Page 4 of 4 PARK SHELTER RENTAL. Any party wishing to reserve the park shelter building must have a permit from the city in writing. The city reserves the right to refuse rental based on past experience with a renter or established policy governing type of use. A fee and deposit, in an amount to be set from time to time by council resolution shall be paid 72 hours in advance. If the premises are left the way they were found, and no damages done to the property, the initial damage deposit will be refunded The renter shall be responsible for any damage cost beyond the initial deposit amount. USE OF BALL FIELDS. All users of the ball fields must pay a fee and damage deposit in an amount to be set from time to time by council resolution. This fee and deposit shall be paid 72 hours in advance of the tournament, except for the City of Corcoran Park benefits. If the premises are left the way they were found, and no damage is done to the property, the initial damage deposit will be refunded. The renter shall be responsible for any damage cost beyond the initial deposit amount. Any tournament with 3.2 malt liquor sales must obtain a city 3.2 malt liquor licenses. (Ord. 238, passed 11-20-06) SECTION 3. Effective Date. This Ordinance shall be in full force and effect upon its adoption. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehrenkamp, Dean Whereupon, said Resolution is hereby declared and adopted on this 24 th day of February, 2022. Tom McKee - Mayor ATTEST: City Seal Jessica Beise – Administrative Services Director STAFF REPORT Agenda Item 7e. Council Meeting: February 24, 2022 Prepared B y: Kevin Mattson Topic: Authorize Road Materials Action Required: Approval Su m mar y : Annually, the City contracts for various road materials. Staff requests authorization to obtain quotes and bids for asphalt maintenance, dust control, gravel hauling services, and seal coat/fog seal. Fi n anc i al/B ud get: Costs to purchase the above services are included in the 2022 budget. Staff will adjust the ultimate project scope depending on the cost of the quotes and bids received. Co un c i l A c t i on: Authorize staff to obtain quotes and bids for asphalt maintenance, dust control, gravel hauling services, and seal coat/fog seal. A tt ac h ments: N/A STAFF REPORT Agenda Item 7f . Council Meeting: February 24, 2022 Prepared By: Jessica Beise Topic: Cropland Rental Bid Process Action Required: Approval Su m mar y : The City owns properties near City Hall (north and south parcels) and at the City Park property (former Rockford School Property) and has regularly rented the land. The City has in the past requested bids for the rental of tillable acres of land for farming purposes and leases the property to the highest bidder. With an executed a purchase agreement and land use applications for the southern parcel near City Hall and the City would not rent that parcel as part of this cropland rental. Staff recommends a bidding the parcel north of City Hall (PID 1311923320001) for a two-year term as has been done in the past. With City Park master planning and potential improvements to City Park, staff recommends renting the Rockford School District parcel (PID 2311923340001) for a one-year term. With authorization of the Council, bids would be accepted from March 3rd through March 15th with a formal bid opening and the lease agreement would be executed at the March 24th meeting. Payments for the rental of the land would be due April 1 st of each year. Fi n anc i al/B ud get: The 2022 budget reflects a similar revenue to past years. The land rented for $141.00 per acre in 2020 and 2021. The rental program does provide a revenue stream, noting that approximately 30% of the rental revenue is spent on taxes for renting non-taxed land. Council Action: Authorize staff to obtain bids for cropland rentals. Attachments: N/A STAFF REPORT Agenda Item 7g . Council Meeting: February 24, 2022 Prepared By: Jessica Beise Topic: E-Charging JPA & Court Services Amendment Renewal Action Required: Approval Su m mar y : The Minnesota Bureau of Criminal Apprehension (BCA) is statutorily required to provide a criminal justice data communications network to law enforcement agencies in Minnesota, also known as (CJDN). Use of this data is necessary for day-to-day law enforcement operations. The resolution and Joint Powers Agreement with the BCA is required for network access. The Court Amendment allows the Police Department to access and submit to Court Records through the BCA system. Fi n anc i al/B ud get: The annual fees for this agreement are $180.00 and the BCA is the only entity that provides this service in the state. Co un c i l A c t i on: Adopt Resolution 2022-16 Approving State of Minnesota Joint Powers Agreements with the City of Corcoran on Behalf of its City Attorney and Police Department. . Approve State of Minnesota Joint Powers Agreements with the City of Corcoran on Behalf of its City Attorney, Police Department and Prosecuting Attorney. Approve Court Data Services Subscriber Amendments to the Criminal Justice Data Network Subscriber Agreement for the Corcoran Police Department and Corcoran’s Prosecuting Attorney. A tt ac h ments: 1.Resolution 2022-16 Approving State of Minnesota Joint Powers Agreements with the City of Corcoran on Behalf of its City Attorney and Police Department 2.Memo from Carson, Clelland & Schreder 3.Joint Powers Agreement Amendment with the BCA and Corcoran Police Department 4.Corcoran Police Department Court Data Services Subscriber Amendment to the Criminal Justice Data Network Subscriber Agreement City of Corcoran February 24, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-16 Page 1 of 2 Motion By: Seconded By: RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF CORCORAN ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Corcoran on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State’s criminal justice data communications network for which the Cit y is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Corcoran, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehensio n and the City of Corcoran on behalf of its Prosecuting Attorney and Police Department, are hereby approved. 2. That the Director of Public Safety, Matthew R. Gottschalk, or his successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. 3. That the Prosecuting Attorney, David K. Ross, or his successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s c onnection to the systems and tools offered by the State. 4. That Tom McKee, the Mayor for the City of Corcoran, and Michelle Friedrich, the Deputy City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreemen ts. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehrenkamp, Dean City of Corcoran February 24, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-16 Page 2 of 2 Whereupon, said Resolution is hereby declared adopted on this 24th day of February, 2022. ________________________________ Tom McKee – Mayor ATTEST: __________________________________________ City Seal Michelle Friedrich – Deputy Clerk MEMORANDUM TO: Jessica Beise Corcoran Interim City Administrator FROM: David Ross Carson, Clelland & Schreder RE: E-Charging JPA & Court Services Amendment Renewal DATE: 2/10/2022 Dear Ms. Beise, If you may recall several years ago a joint initiative was launched between the Bureau of Criminal Apprehension (BCA), State Court Administration, and local prosecuting attorneys to establish a system of electronic charging (e-charging) for criminal offenses. The e-charging process allows cases to be submitted electronically by police departments to the prosecuting agency (our offices) for review and consideration of charges. Upon charging, the case is then sent electronically back to the police department for approval and then submitted to the court for entry. The Bureau of Criminal Apprehension (BCA) provides the computer network to facilitate this process. Access to this network is granted through the execution of a Joint Powers Agreement. Statutorily there is presently a Joint Powers Agreement that is in place between the City on behalf of the city attorney and the police department which is now set to expire. Minnesota Statutes restrict the duration of Joint Powers Agreements to 5 year terms and therefore we will be required to sign a new Joint Powers Agreement on a 5 year cycle. We have prepared a proposed resolution approving the continuation of the Joint Powers Agreement for the Council’s consideration and approval. I am requesting that the attached resolution be approved by the City Council and that the Mayor and City Clerk sign the attached agreements (there are two agreements—the master JPA as well as the Court Amendment Agreement). We ask that this be put on the agenda for a February meeting as the current Joint Powers Agreement will be expiring soon. If you have any questions or concerns about this, please do not hesitate to let either myself or John Thames from my office know and we will be happy to answer any questions. Thank you for your attention to this matter. Sincerely, David K. Ross 1 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, (“BCA”) and the City of Corcoran on behalf of its Prosecuting Attorney (“Agency”), and by and for the benefit of the State of Minnesota acting through its State Court Administrator’s Office (“Court”) who shall be entitled to enforce any provision s hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 206601, of even or prior date, for Agency use of BCA systems and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to p ermit such access and/or submission . This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA , the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLI GATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendmen t. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 2 a. “Authorized Court Data Services” means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA. b. “Court Data Services” means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. c. “Court Records” means all information in any form m ade available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. “Court Case Information” means any information in the Court Records that conveys information about a particular case or controv ersy, including without limitation Court Confidential Case Information, as defined herein. ii. “Court Confidential Case Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. “Court Confidential Security and Activation Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how t o use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. “Court Confidential Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Secu rity and Activation Information. d. “DCA” shall mean the district courts of the state of Minnesota and their respective staff. e. “Policies & Notices” means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber’s use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 3 f. “Rules of Public Access” means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records , all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. “Court” shall mean the State of Minnesota, State Court Administrator's Office. h. “Subscriber” shall mean the Agency. i. “Subscriber Records” means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber’s access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above , and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions p rovided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber’s duties 4 required or authorized by law or court rule in connection with any civil, criminal, administrative , or arbitral proceeding in any Federal, State, or local court or agency or before any self -regulatory body. Subscriber’s access to the Court Records for personal or non -official use is prohibited. Subscriber will not use or attempt to use Authorized Cou rt Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber’s duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self -regulatory body. b. To take all appropriate action, whether by instruction , agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber’s obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request . For purposes of this Subscriber Amendment, Subscriber’s bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber’s bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 5 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHT S. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to ac cess or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks “MNCIS” and “Odyssey.” d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subsc riber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber’s receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub -section d, for Subscriber to make up to one copy of training materials and configurat ion documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 6 e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Servi ces Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any cop y of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related d ocumentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., w ithin ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would not have an adequate remedy at law in the ev ent of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court’s licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, office r, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court’s licensors, and DCA for reasonable attorneys fees incurred by the Court, Court’s licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsibl e for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the stat e of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 7 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber’s Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services . Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber’s Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber’s bona fide personnel or by means of Subscriber’s equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber’s logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber’s failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability . If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court ; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber com ply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the 8 BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, depar tment, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notic e of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES . Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of th e Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFO RMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber 9 hereunder shall be deemed to have been received when personally delivered in wri ting or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of whic h notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invali d, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT . Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW . This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION . Any action arising out of or relating to this Subscriber Amen dment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 10 1. SUBSCRIBER (AGENCY) Subscriber must attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. Name: Tom McKee____________________________ (PRINTED) Signed: _______________________________________ Title: Mayor__________________________________ (with delegated authority) Date: ________________________________________ Name: Michelle Friedrich________________________ (PRINTED) Signed: _______________________________________ Title: Deputy City Clerk_________________________ (with delegated authority) Date: ________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with delegated authority) Date: _____________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: ______________________________________________ Date: _____________________________________________ 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with authorized authority) Date: _____________________________________________ SWIFT Contract # 206601 MN027381A 1 DPS/BCA CJDN JPA_March 2021 State of Minnesota Joint Powers Agreement This Agreement is between the State of Minnesota, acting through its Department of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the City of Corcoran on behalf of its Prosecuting Attorney ("Governmental Unit"). The BCA and the Governmental Unit may be referred to jointly as “Parties.” Recitals Under Minn. Stat. § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46, the BCA must provide a criminal justice data communications network to benefit political subdivisions as defined under Minn. Stat. § 299C.46, subd. 2 and subd. 2(a). The Governmental Unit is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this Agreement. In addition, BCA either maintains repositories of data or has access to repositor ies of data that benefit authorized political subdivisions in performing their duties. The Governmental Unit wants to access data in support of its official duties. The purpose of this Agreement is to create a method by which the Governmental Unit has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective Date. This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration Date. This Agreement expires five years from the date it is effective. 2 Agreement Between the Parties 2.1 General Access. BCA agrees to provide Governmental Unit with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Governmental Unit is authorized by law to access via the CJDN for the purposes outlined in Minn. Sta t. § 299C.46. 2.2 Methods of Access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Governmental Unit use the Governmental Unit’s equipment to access the BCA’s systems and tools. This is generally accomplished by an individual user entering a query into one of BCA’s systems or tools. B. Indirect Access occurs when individual users at the Governmental Unit go to another Governmental Unit to obtain data and information from BCA’s systems and tools. This method of access generally results in the Governmental Unit with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-Computer System Interface occurs when the Governmental Unit’s computer exchanges data and information with BCA’s computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Governmental Unit employees or contractors may use any of these methods to use BCA’s systems and tools as described in this Agreement. Governmental Unit will select a SWIFT Contract # 206601 MN027381A 2 DPS/BCA CJDN JPA_March 2021 method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal Systems Access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Governmental Unit with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. 2.4 Governmental Unit Policies. Both the BCA and the FBI’s Criminal Justice Information Systems (FBI -CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-employment), security, timeliness, training, use of the system, and validation. Governmental Unit has created its own policies to ensure that Governmental Unit’s employees and contractors comply with all applicable requirements. Governmental Unit ensures this compliance through appropriate enforcement. These BC A and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://bcanextest.x.state.mn.us/launchpad/. 2.5 Governmental Unit Resources. To assist Governmental Unit in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://bcanextest.x.state.mn.us/launchpad/cjisdocs/docs.cgi?cmd=FS&ID=795&TYPE=DOCS . 2.6 Access Granted. A. Governmental Unit is granted permission to use all current and future BCA systems and tools for which Governmental Unit is eligible. Eligibility is dependent on Governmental Unit (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Governmental Unit’s written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Governmental Unit grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Governmental Unit needs to meet its criminal justice obligations and for which Governmental Unit is eligible. 2.7 Future Access. On written request from the Governmental Unit, BCA also may provide Governmental Unit with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Governmental Unit agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on Access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Governmental Unit agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes Prior Agreements. This Agreement supersedes any and all prior agreements between the BCA and the Governmental Unit regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to Update Information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving the Governmental Unit as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction Record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Governmental Unit conducted a SWIFT Contract # 206601 MN027381A 3 DPS/BCA CJDN JPA_March 2021 particular transaction. If Governmental Unit uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA’s transaction record meets FBI-CJIS requirements. When Governmental Unit’s method of access is a computer-to-computer interface as described in Clause 2.2C, the Governmental Unit must keep a transaction record sufficient to satisfy FBI -CJIS requirements and permit the audits described in Clause 7 to occur. If a Governmental Unit accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Governmental Unit must have a transaction record of all subsequent access to the data that are kept by the Governmental Unit. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA’s request. 2.12 Court Information Access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Governmental Unit if the Governmental Unit completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by the Governmental Unit under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Governmental Unit’s access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor Personnel Screening. The BCA will conduct all vendor personnel screening on behalf of Governmental Unit as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Governmental Unit. 3 Payment The Governmental Unit understands there is a cost for access to the criminal justice data communications network described in Minn. Stat. § 299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible for the cost of access. The Governmental Unit will identify the third party and provide the BCA with the contact information and its contact person for billing purposes so that billing can be established. The Governmental Unit will provide updated information to BCA’s Authorized Representative within ten business days when this information changes. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA’s Authorized Representative is the person below, or her successor: Name: Dana Gotz, Deputy Superintendent Address: Minnesota Department of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Avenue SWIFT Contract # 206601 MN027381A 4 DPS/BCA CJDN JPA_March 2021 Saint Paul, MN 55106 Telephone: 651.793.2007 Email Address: Dana.Gotz@state.mn.us The Governmental Unit’s Authorized Representative is the person below, or his/her successor: Name: David Ross, Attorney Address: 6300 Shingle Creek Pkwy, Ste 305 Minneapolis, MN 55430 Telephone: 763.561.2800 Email Address: david.ross@carsoncs.net 5 Assignment, Amendments, Waiver, and Agreement Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws, governs the Governmental Unit’s liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit’s books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Governmental Unit’s records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If the Governmental Unit accesses federal databases, the Governmental Unit’s records are subject to examination by the FBI and BCA; the Governmental Unit will cooperate with FBI and BCA auditors and make any requested data available for review and audit. 7.4 If the Governmental Unit accesses state databases, the Governmental Unit’s records are subject to examination by the BCA: the Governmental Unit will cooperate with the BCA auditors and make any requested data available for review and audit. SWIFT Contract # 206601 MN027381A 5 DPS/BCA CJDN JPA_March 2021 7.5 To facilitate the audits required by state and federal law, Governmental Unit is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Governmental Unit. The Governmental Unit and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Governmental Unit or the BCA. 8.2 Court Records. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Governmental Unit comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subsc riber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of Alleged Violations; Sanctions For purposes of this clause, “Individual User” means an employee or contractor of Governmental Unit. 9.1 Investigation. The Governmental Unit and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Governmental Unit and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Governmental Unit of the suspected violation, subject to any restrictions in applicable law. When Governmental Unit becomes aware that a violation has occurred, Governmental Unit will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Governmental Unit internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Governmental Unit must determine if and when an involved Individual User’s access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Governmental Unit must report the status of the Individual User’s access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User’s access to systems or tools than that made by Governmental Unit and BCA’s determination controls. 9.2.2 If BCA determines that Governmental Unit has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA’s satisfaction. If Governmental Unit’s failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. SWIFT Contract # 206601 MN027381A 6 DPS/BCA CJDN JPA_March 2021 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Governmental Unit. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Governmental Unit. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Governmental Unit understands that if it has signed the Court Data Services Subscriber Amendment and if Governmental Unit’s Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Governmental Unit also understands that reinstatement is only at the direction of the Court. 9.3.2 Governmental Unit further agrees that if Governmental Unit believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Governmental Unit may terminate this Agreement at any time, with or without cause, upon 30 days’ written notice to the other party’s Authorized Representative. 11.2 Termination for Insufficient Funding . Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party’s authorized representative. The Governmental Unit is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: Liability; Audits; Government Data Practices; 9. Investigation of Alleged Violations; Sanctions; and Venue. THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK SWIFT Contract # 206601 MN027381A 7 DPS/BCA CJDN JPA_March 2021 The Parties indicate their agreement and authority to execute this Agreement by signing below. 1. GOVERNMENTAL UNIT Name: Tom McKee__________________________________ (PRINTED) Signed: ____________________________________________ Title: Mayor________________________________________ (with delegated authority) Date: ______________________________________________ Name: Michelle Friedrich_____________________________ (PRINTED) Signed: ____________________________________________ Title: Deputy City Clerk_______________________________ (with delegated authority) Date: ______________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ 3. COMMISSIONER OF ADMINISTRATION As delegated to the Office of State Procurement By: ______________________________________________ Date: _____________________________________________ STAFF REPORT A g enda Item : 7h. Council Meeting: February 24, 2022 Prepared By: Jessica Beise Topic: Hennepin County Residential Grant Agreement Action Required: Approval Su m mar y : Hennepin County Ordinance 13 requires that each city implement and maintain a recycling program. Hennepin County provides grant funds to implement and maintain recycling program. On a regular basis, the City enters into the grant agreement with Hennepin to receive grant funds for our recycling services. Due to changes in the County’s funding policy, curbside organics funding has increased and curbside residential recycling funding has decreased. Fi n anc i al/B ud get: The City budgets annually the recycling grant funds for residential recycling services. Co un c i l A c t i on: Adopt Resolution 2022-17 to Approve the 2022-2025 Residential Waste Reduction and Recycling Grant Agreement with Hennepin County. A tt ac h men t s : 1.Resolution 2022-17 to Approve the 2022-2025 Residential Waste Reduction and Recycling Grant Agreement with Hennepin County 2.Hennepin County Recycling Grant Funding Policy 3.Residential Recycling Grant Agreement City of Corcoran February 24, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-17 Page 1 of 1 Motion By: Seconded By: RESOLUTION TO APPROVE THE 2022-2025 RESIDENTIAL WASTE REDUCTION AND RECYCLING GRANT AGREEMENT WITH HENNEPIN COUNTY WHEREAS, pursuant to Minnesota Statutes, Chapter 115A.552, Counties shall ensure that residents have an opportunity to recycle; and WHEREAS, Hennepin County Ordinance 13 requires that each city implement and maintain a recycling and organics recycling program; and WHEREAS, the Hennepin County Board at its October 26, 2021 meeting adopted a funding policy to continue to fund cities within Hennepin County for the contract period of January 1, 2022 through December 31, 2025; and WHEREAS, in order to receive grant funds, the City must sign the agreement; and WHEREAS, the City wishes to receive these grant funds each year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Corcoran, Minnesota, that the City Council accepts the agreement as proposed. BE IT FURTHER RESOLVED, that the City Council authorizes the Mayor, City Administrator or their designee to execute such Residential Waste Reduction and Recycling Grant Agreement with the County. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 24th day of February, 2022. ________________________________ Tom McKee – Mayor ATTEST: __________________________________________ City Seal Jessica Beise – Administrative Services Director Residential Waste Reduction and Recycling Funding Policy January 1, 2022 – December 31, 2025 Department communication to the Hennepin County Board of Commissioners on October 5, 2021 Communicated October 5, 2021 1 I. Policy Overview A. Background The Hennepin County Board of Commissioners has determined that residential waste reduction and recycling programs support county goals to make progress toward zero waste, reduce greenhouse gas emissions, and reduce disparities associated with waste disposal. The county has adopted the goals established in State Statute and by the Minnesota Pollution Control Agency (MPCA) in its Metropolitan Solid Waste Management Policy Plan and developed a Residential Waste Reduction and Recycling Funding Policy to help reach a 75% recycling rate by 2030. B. SCORE funds The county receives funding from the state’s Select Committee on Recycling and the Environment (SCORE) for the development and implementation of waste reduction and recycling programs. SCORE funds are based on revenue received by the State of Minnesota from the solid waste management tax (SWMT) on garbage services and are subject to change based on the SWMT revenue received by the state and funds allocated by the legislature. C. Support for city programs City recycling programs play an important role in the solid waste management system. The county has funded city programs for over 30 years and will use this policy to make available all SCORE funds to cities for residential waste reduction and recycling programs. SCORE funds will be dedicated to four different purposes: 1) general funding for waste reduction and recycling programs, 2) curbside organics recycling programs, 3) organics drop-off sites, and 4) multifamily waste reduction and recycling. Funds distributed to cities for a calendar year will be based on SCORE funds received by the county in the state’s corresponding fiscal year. D. Term of the policy Hennepin County is committed to implementing this policy from January 1, 2022 through December 31, 2025. The county may revise this policy to align with strategic priorities developed in the zero waste plan or solid waste management master plan. In addition, the county may revise this policy if it determines changes are needed to assure compliance with state law and MPCA goals established for metropolitan counties. If SCORE funds are eliminated from the state budget or significantly reduced, the county will consult with cities at that time and develop a recommendation to the board on future funding for residential waste reduction and recycling programs. Communicated October 5, 2021 2 E. Grant agreements Each city seeking funding under the terms of the Residential Waste Reduction and Recycling Funding Policy must enter into a grant agreement with the county for a term concurrent with the expiration of this policy, December 31, 2025. The grant agreement must be accompanied by a resolution authorizing the city to enter into such an agreement. If cities form a joint powers organization responsible for waste reduction and recycling programs, the county will enter into a grant agreement with that entity and distribute funds to that organization. II. Allocation of Funds SCORE funds will be dedicated to the following purposes: General funding for waste reduction and recycling programs Curbside organics recycling programs Organics drop-off sites Multifamily waste reduction and recycling A. Waste reduction and recycling programs The county will dedicate 40% of SCORE funds to provide funding for city waste reduction and recycling programs. For the purposes of this policy, city waste reduction and recycling programs include organics recycling. Funds will be allocated based on number of eligible households with curbside recycling service. The following formula will be used to calculate a city’s grant amount. Number of eligible households with curbside recycling in city ------------------------------- Total number of eligible households with curbside recycling in county x 40% of SCORE funds available = Waste reduction and recycling grant amount available to the city Eligible households are defined as households in single family through fourplex residential buildings or other residential buildings where each household has its own recycling collection container to set out for curbside collection and receives recycling collection service through the city. In cities with open recycling collection, eligible households are defined as households in single family through fourplex residential buildings where each household has its own recycling collection container to set out for curbside collection. The number of eligible households will be determined by counting the number of eligible households on January 1 of each funding year. The city will report the number in its application for funding. Communicated October 5, 2021 3 B. Curbside organics recycling programs The county will dedicate 50% of SCORE funds to provide funding for curbside organics recycling programs. Funds will be allocated using participation targets for each city. Funding is not contingent upon meeting the participation target. The following formula will be used to calculate a city’s grant amount. Target number of households with curbside organics recycling in city ------------------------------- Total target number of households with curbside organics recycling in county x 50% of SCORE funds available = Curbside organics recycling amount available to the city Initial participation targets (as a percent of households with curbside recycling service): 50% for cities that contract for organics recycling service 10% for cities that require haulers to offer organics recycling service C. Organics drop-off sites The county will dedicate up to $3,300 per eligible city to provide funding for organics drop-off site expenses. Cities with a population of less than 10,000 are eligible. E. Multifamily waste reduction and recycling The county will take 10% of SCORE funds, subtract the amount allocated to organics drop-off sites, and dedicate the remainder to provide funding for multifamily waste reduction and recycling programs. For the purposes of this policy, city waste reduction and recycling programs include organics recycling. Funds will be allocated based on the number of multifamily households. The following formula will be used to calculate a city’s grant amount. Number of multifamily households in city ------------------------------- Total number of multifamily households in county x 10% of SCORE funds available minus organics drop-off funds = Multifamily waste reduction and recycling amount available to the city Communicated October 5, 2021 4 Multifamily households in cities with organized recycling collection are defined as 1) households in buildings where each household does not have its own recycling collection container to set out for curbside collection, or 2) households in buildings that do not receive recycling collection service through the city, including apartment buildings, condominiums, townhomes, and cooperative housing units where a property manager or association coordinates collection service. Multifamily households in cities with open recycling collection are defined as households in residential buildings larger than a fourplex. III. Application for Funding A. General program and curbside organics application To receive funding for waste reduction and recycling programs and curbside organics recycling, each city must complete an annual grant application by February 15 of that year. The application consists of a web-based report that requests the following: contract, program, tonnage, and financial information. The participation rate for the curbside recycling program must also be included in the web-based report. The city must calculate its participation rate during the month of October. The methodology for measuring participation must be provided to the county upon request. The county may request additional information, such as a planning document with a description of activities the city will implement to increase recycling and make progress toward county objectives. B. Organics drop-off sites and multifamily supplementary application To receive funding for organics drop-off sites and multifamily waste reduction and recycling, each city must submit a supplementary grant application form annually. The county will provide this form by February 15 and the city must complete it by March 15 of that year. IV. Use of Funds A. Conditions applying to all funds The following requirements apply to the use of all funds: 1. Funds must be expended on eligible activities per Minnesota Statutes §115A.557. 2. All grant funds accepted from the county must be used in the year granted unless the county agrees to an exception. The county will not provide any funds in excess of actual expenses. Funds not spent must be returned to the county. Communicated October 5, 2021 5 3. A city or joint powers organization may not charge its residents through property tax, utility fees, waste fees, environmental fees, or any other method for the portion of its waste reduction and recycling program costs that are funded by county grant funds. 4. Cities must track expenditures for waste reduction and recycling programs, curbside organics recycling, organics drop-off sites, and multifamily waste reduction and recycling and establish accounting mechanisms to provide the information requested in the financial section of the annual grant application. 5. Waste reduction and recycling activities, revenues, and expenditures are subject to audit. B. Curbside organics use of funds Curbside organics grant funds may be used for program expenses, including the following: • Incentives for participation (service discounts, countertop pails, compostable bags) • City contract costs • Education and outreach • Carts • Other expenses approved by the county Yard waste expenses are not eligible. If organics are co-collected with other waste, the organics expenses must be tracked separately. If a city passes funds through to a hauler, 100% of those funds must be credited to residents’ bills. C. Organics drop-off sites use of funds Organics drop-off site grant funds may be used for program expenses, including the following: • Hauling and disposal • Dumpsters or carts • Site construction • Education and outreach • Incentives for participation (countertop pails, compostable bags) • Other expenses approved by the county D. Multifamily waste reduction and recycling use of funds Cities that choose to apply for multifamily waste reduction and recycling funding will work with the county to identify eligible activities that are customized to the city’s goals and needs. These activities will be determined through the supplementary grant application process. Communicated October 5, 2021 6 Unused funds will be used by the county to provide multifamily waste reduction and recycling program services. Multifamily resources provided by the county, including reusable tote bags/baskets and multifamily specific signs and labels, are not eligible expenses. V. City Requirements A. Materials accepted A city’s curbside collection program must accept a list of mixed recyclables as selected by the county in consultation with haulers, local material recovery facilities, and end markets. The county will update the list of materials as needed, distribute the list to city recycling coordinators, and post the list on the county’s website. B. Education and outreach The partnership between the county and municipalities has been highly effective in educating residents and motivating behavior change. To continue this partnership and increase these efforts, city waste reduction, recycling and organics recycling activities must be coordinated with county and regional efforts. Municipalities must adhere to the following requirements: 1. Use county terminology on promotional and educational materials when describing recycling and organics recycling guidelines, including the description of materials accepted and not accepted, as well as when describing preparation guidelines. 2. Use images approved by the county if using images of mixed recyclables and organic materials. 3. Provide the following information on the city’s website; Recycling and organics recycling materials accepted and not accepted Curbside collection calendar Organics drop-off site(s) information Links to county resources and programs 4. Provide a guide on recycling and organics recycling to residents each year. The guide shall contain information on curbside collection, materials accepted and not accepted, organics drop off site information (if applicable), and a curbside collection calendar. 5. Complete two or more waste reduction, recycling and organics recycling educational activities annually that include the promotion of curbside collection. The county will provide a list of activities to city recycling coordinators. These activities are in addition to the provision of an annual guide. Communicated October 5, 2021 7 6. If a city develops its own educational materials, does not use a template produced by the county, does not utilize design services offered by the county, or relies on a hauler to provide an annual guide, then the city must submit the materials to the county for approval. C. Waste reduction and recycling performance On an annual basis, cities must demonstrate that a reasonable effort has been made to improve waste reduction and recycling programs. If a city does not demonstrate measurable progress, a waste reduction and recycling improvement plan must be submitted by the city within 90 days of being notified by the county. The waste reduction and recycling improvement plan must be negotiated with the county and specify the efforts that will be undertaken by the municipality to improve its program to yield the results necessary to achieve county objectives. In cooperation with the county, the city may be required to participate in waste sorts and community engagement to identify strategies to improve waste reduction and recycling outcomes. VI. Grant Payments The county will make two equal payments to the city. Those two payments will provide the sum of each city’s total grant amount for general waste reduction and recycling programs, curbside organics recycling programs, organics drop-off sites, and multifamily waste reduction and recycling. One payment will be made after the county receives the applications for funding. A second payment will be made after basic program requirements, education and outreach requirements, and performance have been confirmed and approved. If the city meets the county requirements, both payments will be made during the same calendar year. Cities are expected to fulfill the conditions of this policy and the requirements of Ordinance 13. It is the responsibility of each city to meet the requirements of Ordinance 13. The implementation of the county requirements for cities shall be the responsibility of each respective city. If any city fails to establish or implement any or all of the city requirements in Ordinance 13, all SCORE funding will be withheld until the city meets the requirements or a waste reduction and recycling improvement plan is negotiated with the county. 1 Contract No: _________ RESIDENTIAL WASTE REDUCTION AND RECYCLING GRANT AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Environment and Energy Department, 701 Fourth Avenue South, Minneapolis, Minnesota 55415-1600 (“COUNTY”), and CITY OF CORCORAN, 8200 County Road 116, Corcoran, MN 55340 (“GRANTEE”), a Minnesota government entity. The parties agree as follows: 1.TERM AND AMOUNT OF GRANT GRANTEE shall complete all grant requirements (“Grant Requirements”), if any, commencing upon execution and expiring December 31, 2025, unless cancelled or terminated earlier in accordance with the provisions herein. Annual grant payments (“Grant Funds”) shall be calculated as set forth in Section 3. 2.GRANT REQUIREMENTS GRANTEE shall apply for annual grant funds and operate its Waste Reduction and Recycling Programs as more fully described in Attachment A, the Residential Waste Reduction and Recycling Funding Policy. 3.GRANT DISBURSEMENT The COUNTY will distribute SCORE funds that the COUNTY receives from the state to Hennepin County municipalities. SCORE funds will be dedicated to the following different purposes: 1) general funding for waste reduction and recycling programs, 2) curbside organics recycling programs, 3) organics drop-off sites, 4) multifamily waste reduction and recycling. SCORE funds are based on revenue received by the State of Minnesota from the solid waste management tax (SWMT) on garbage services and are subject to change based on the SWMT revenue received by the state and funds allocated by the legislature. Funds distributed to municipalities for the current calendar year will be based on SCORE funds received by the COUNTY in the state’s corresponding fiscal year. A. Waste reduction and recycling programs COUNTY will dedicate 40% of SCORE funds to provide funding for city waste reduction and recycling programs. The following formula will be used to calculate GRANTEE’s waste reduction and recycling grant amount. 2 Number of eligible households with curbside recycling in city -------------------------------------- Total number of eligible households with curbside recycling in county x 40% of SCORE funds available = Waste reduction and recycling grant amount available to the city Eligible households are defined as households in single family through fourplex residential buildings or other residential buildings where each household has its own recycling collection container to set out for curbside collection and receives recycling collection service through the city. In cities with open recycling collection, eligible households are defined as households in single family through fourplex residential buildings where each household has its own recycling collection container to set out for curbside collection. The number of eligible households will be determined by counting the number of eligible households on January 1 of each funding year. GRANTEE will report the number in its application for funding. B. Curbside organics recycling programs COUNTY will dedicate 50% of SCORE funds to provide funding for curbside organics recycling programs. Funds will be allocated using participation targets for each city. Funding is not contingent upon meeting the participation target. The following formula will be used to calculate GRANTEE’s curbside organics recycling grant amount. Target number of households with curbside organics recycling in city -------------------------------------- Total number of households with curbside organics recycling in county x 50% of SCORE funds available = Curbside organics recycling grant amount available to the city Initial participation targets (as a percent of households with curbside recycling service): •50% for cities that contract for organics recycling service •10% for cities that require haulers to offer organics recycling service C. Organics drop-off sites COUNTY will dedicate up to $3,300 per eligible city to provide funding for organics drop-off site expenses. Cities with a population of less than 10,000 are eligible. D. Multifamily waste reduction and recycling 3 COUNTY will take 10% of SCORE funds, subtract the amount allocated to organics drop-off sites, and dedicate the remainder to provide funding for multifamily waste reduction and recycling programs. For the purposes of this policy, city waste reduction and recycling programs include organics recycling. Funds will be allocated based on the number of multifamily households. The following formula will be used to calculate GRANTEE’s multifamily waste reduction and recycling grant amount. Number of multifamily households in city -------------------------------------- Total number of multifamily households in county x 10% of SCORE funds available minus organics drop-off funds = Multifamily waste reduction and recycling grant amount available to the city Multifamily households in cities with organized recycling collection are defined as 1) households in buildings where each household does not have its own recycling collection container to set out for curbside collection, or 2) households in buildings that do not receive recycling collection service through the city, including apartment buildings, condominiums, townhomes, and cooperative housing units where a property manager or association coordinates collection service. Multifamily households in cities with open recycling collection are defined as households in residential buildings larger than a fourplex. The COUNTY will make two equal payments to the GRANTEE. Those two payments will provide the sum of each city’s total grant amount for general waste reduction and recycling programs, curbside organics recycling programs, organics drop-off sites, and multifamily waste reduction and recycling. One payment will be made after COUNTY receives the applications for funding from GRANTEE. A second payment will be made after basic program requirements, education and outreach requirements, and performance have been confirmed and approved. If GRANTEE meets the requirements, both payments will be made during the same calendar year. 4.INDEPENDENT CONTRACTOR GRANTEE shall select the means, method, and manner of performing Grant Requirements, if any. Nothing is intended nor should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as constituting GRANTEE as the agent, representative, or employee of COUNTY for any purpose. GRANTEE is and shall remain an independent contractor under this Agreement. GRANTEE shall secure at its own expense all personnel required in completing Grant Requirements, if any, under this Agreement. GRANTEE’s personnel and/or subcontractors engaged to perform any work required by this Agreement will have no contractual relationship with COUNTY and will not be considered employees of COUNTY. COUNTY shall not be responsible for any claims related to or on behalf of any of GRANTEE’s personnel, including without limitation, claims that arise out of employment or alleged employment under the Minnesota Unemployment Insurance Law (Minnesota Statutes Chapter 268) or the Minnesota Workers’ Compensation Act 4 (Minnesota Statutes Chapter 176) or claims of discrimination arising out of state, local or federal law, against GRANTEE, its officers, agents, contractors, or employees. Such personnel or other persons shall neither accrue nor be entitled to any compensation, rights, or benefits of any kind from COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers’ compensation, unemployment compensation, disability, severance pay, and retirement benefits. 5.NON-DISCRIMINATION In accordance with COUNTY’s policies against discrimination, GRANTEE shall not exclude any person from full employment rights nor prohibit participation in or the benefits of any program, service or activity on the grounds of any protected status or class including but not limited to race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin. No person who is protected by applicable federal or state laws against discrimination shall be subjected to discrimination. 6.INTENTIONALLY OMITTED 7.INDEMNIFICATION GRANTEE shall defend, indemnify, and hold harmless COUNTY, its present and former officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including attorney’s fees, resulting directly or indirectly from any act or omission of GRANTEE, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of this Agreement, and against all loss by reason of the failure of GRANTEE to perform any obligation under this Agreement. For clarification and not limitation, this obligation to defend, indemnify and hold harmless includes but is not limited to any liability, claims or actions resulting directly or indirectly from alleged infringement of any copyright or any property right of another, the employment or alleged employment of GRANTEE personnel, the unlawful disclosure and/or use of protected data, or other noncompliance with the requirements of these provisions. 8.INSURANCE GRANTEE shall purchase insurance or utilize a self-insurance program sufficient to cover the maximum level of Minnesota tort liability limits under Minnesota Statute, Chapter 466. 9.DUTY TO NOTIFY GRANTEE shall promptly notify COUNTY of any demand, claim, action, cause of action or litigation brought against GRANTEE, its employees, officers, agents or subcontractors, which arises out of this Agreement. GRANTEE shall also notify 5 COUNTY whenever GRANTEE has a reasonable basis for believing that GRANTEE and/or its employees, officers, agents or subcontractors, and/or COUNTY, might become the subject of a demand, claim, action, cause of action, administrative action, criminal arrest, criminal charge or litigation arising out of this Agreement. 10.DATA PRIVACY AND SECURITY A.GRANTEE, its officers, agents, owners, partners, employees, volunteers and subcontractors shall, to the extent applicable, abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state and federal laws, rules, regulations and orders relating to data or the privacy, confidentiality or security of data, which may include the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (HIPAA). For clarification and not limitation, COUNTY hereby notifies GRANTEE that the requirements of Minnesota Statutes section 13.05, subd. 11, apply to this Agreement. GRANTEE shall promptly notify COUNTY if GRANTEE becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA or other data, data security, privacy or confidentiality laws, and shall also comply with the other requirements of this Section. Classification of data, including trade secret data, will be determined pursuant to applicable law and, accordingly, merely labeling data as “trade secret” by GRANTEE does not necessarily make the data protected as such under any applicable law. B.In addition to the foregoing MGDPA and other applicable law obligations, GRANTEE shall comply with the following duties and obligations regarding County Data and County Systems (as each term is defined herein). As used herein, “County Data” means any data or information, and any copies thereof, created by GRANTEE or acquired by GRANTEE from or through COUNTY pursuant to this Agreement, including but not limited to handwriting, typewriting, printing, photocopying, photographing, facsimile transmitting, and every other means of recording any form of communication or representation, including electronic media, email, letters, works, pictures, drawings, sounds, videos, or symbols, or combinations thereof. If GRANTEE has access to or possession/control of County Data, GRANTEE shall safeguard and protect the County Data in accordance with generally accepted industry standards, all laws, and all then applicable COUNTY policies, procedures, rules and directions. To the extent of any inconsistency between accepted industry standards and such COUNTY policies, procedures, rules and directions, GRANTEE shall notify COUNTY of the inconsistency and follow COUNTY direction. GRANTEE shall immediately notify COUNTY of any known or suspected security breach or unauthorized access to County Data, then comply with all responsive directions provided by COUNTY. The foregoing 6 shall not be construed as eliminating, limiting or otherwise modifying GRANTEE’s indemnification obligations herein. C.Upon expiration, cancellation or termination of this Agreement: (1)At the discretion of COUNTY and as specified in writing by the Contract Administrator, GRANTEE shall deliver to the Contract Administrator all County Data so specified by COUNTY. (2)COUNTY shall have full ownership and control of all such County Data. If COUNTY permits GRANTEE to retain copies of the County Data, GRANTEE shall not, without the prior written consent of COUNTY or unless required by law, use any of the County Data for any purpose or in any manner whatsoever; shall not assign, license, loan, sell, copyright, patent and/or transfer any or all of such County Data; and shall not do anything which in the opinion of COUNTY would affect COUNTY’s ownership and/or control of such County Data. (3)Except to the extent required by law or as agreed to by COUNTY, GRANTEE shall not retain any County Data that are confidential, protected, privileged, not public, nonpublic, or private, as those classifications are determined pursuant to applicable law. In addition, GRANTEE shall, upon COUNTY’s request, certify destruction of any County Data so specified by COUNTY. 11.RECORDS – AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, COUNTY, the State Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of GRANTEE and involve transactions relating to this Agreement. GRANTEE shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration, cancellation or termination. 12.SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A.GRANTEE binds itself, its partners, successors, assigns and legal representatives to COUNTY for all covenants, agreements and obligations herein. B.GRANTEE shall not assign, transfer or pledge this Agreement whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of COUNTY. A consent to assign shall be subject to such conditions and provisions as COUNTY may deem necessary, accomplished by execution of a form prepared by COUNTY and signed by GRANTEE, the assignee and COUNTY. Permission to assign, however, shall under no 7 circumstances relieve GRANTEE of its liabilities and obligations under the Agreement. C.GRANTEE shall not subcontract this Agreement whether in whole or in part, without the prior written consent of COUNTY. Permission to subcontract, however, shall under no circumstances relieve GRANTEE of its liabilities and obligations under the Agreement. Further, GRANTEE shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of any specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between GRANTEE and each subcontractor shall require that the subcontractor’s services be performed in accordance with this Agreement. GRANTEE shall make contracts between GRANTEE and subcontractors available upon request. For clarification and not limitation of the provisions herein, none of the following constitutes assent by COUNTY to a contract between GRANTEE and a subcontractor, or a waiver or release by COUNTY of GRANTEE’s full compliance with the requirements of this Section: (1) COUNTY’s request or lack of request for contracts between GRANTEE and subcontractors; (2) COUNTY’s review, extent of review or lack of review of any such contracts; or (3) COUNTY’s statements or actions or omissions regarding such contracts. D.As required by Minnesota Statutes section 471.425, subd. 4a, GRANTEE shall pay any subcontractor within ten (10) days of GRANTEE’s receipt of payment from COUNTY for undisputed services provided by the subcontractor, and GRANTEE shall comply with all other provisions of that statute. 13.MERGER, MODIFICATION AND SEVERABILITY A.The entire Agreement between the parties is contained herein and supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. GRANTEE and/or COUNTY are each bound by its own electronic signature(s) on this Agreement, and each agrees and accepts the electronic signature of the other party. B.Any alterations, variations or modifications of the provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. Except as expressly provided, the substantive legal terms contained in this Agreement including but not limited to Indemnification, Insurance, Merger, Modification and Severability, Default and Cancellation/Termination or Minnesota Law Governs may not be altered, varied, 8 modified or waived by any change order, implementation plan, scope of work, development specification or other development process or document. C.If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 14.DEFAULT AND CANCELLATION/TERMINATION A.If GRANTEE fails to perform any of the provisions of this Agreement, fails to administer the work so as to endanger the performance of the Agreement or otherwise breaches or fails to comply with any of the terms of this Agreement, it shall be in default. Unless GRANTEE’s default is excused in writing by COUNTY, COUNTY may upon written notice immediately cancel or terminate this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for COUNTY to delay payment until GRANTEE’s compliance. In the event of a decision to withhold payment, COUNTY shall furnish prior written notice to GRANTEE. B.Notwithstanding any provision of this Agreement to the contrary, GRANTEE shall remain liable to COUNTY for damages sustained by COUNTY by virtue of any breach of this Agreement by GRANTEE. Upon notice to GRANTEE of the claimed breach and the amount of the claimed damage, COUNTY may withhold any payments to GRANTEE for the purpose of set-off until such time as the exact amount of damages due COUNTY from GRANTEE is determined. Following notice from COUNTY of the claimed breach and damage, GRANTEE and COUNTY shall attempt to resolve the dispute in good faith. C.The above remedies shall be in addition to any other right or remedy available to COUNTY under this Agreement, law, statute, rule, and/or equity. D.COUNTY’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. E.This Agreement may be canceled/terminated with or without cause by COUNTY upon thirty (30) days’ written notice. F.If this Agreement expires or is cancelled or terminated, with or without cause, by either party, at any time, GRANTEE shall not be entitled to any payment, fees or other monies except for payments duly invoiced for then-delivered and accepted deliverables/milestones pursuant to this Agreement. In the event GRANTEE has performed work toward a deliverable that COUNTY has not accepted at the time of expiration, cancellation or termination, GRANTEE shall not be entitled to any payment for said work including but not limited to incurred costs of performance, 9 termination expenses, profit on the work performed, other costs founded on termination for convenience theories or any other payments, fees, costs or expenses not expressly set forth in this Agreement. G.Upon written notice, COUNTY may immediately suspend or cancel/terminate this Agreement in the event any of the following occur: (i) COUNTY does not obtain anticipated funding from an outside source for this project; (ii) funding for this project from an outside source is withdrawn, frozen, shut down, is otherwise made unavailable or COUNTY loses the outside funding for any other reason; or (iii) COUNTY determines, in its sole discretion, that funding is, or has become, insufficient. COUNTY is not obligated to pay for any costs or expenses or obligations incurred or encumbered after the notice and effective date of the suspension or cancellation/termination. In the event COUNTY suspends, cancels or terminates this Agreement pursuant to this paragraph, COUNTY shall pay any amount due and payable prior to the notice of suspension or cancellation/termination except that COUNTY shall not be obligated to pay any amount as or for penalties, early termination fees, charges, time and materials for costs, expenses or profits on work done. H.GRANTEE has an affirmative obligation, upon written notice by COUNTY that this Agreement may be suspended or cancelled/terminated, to follow reasonable directions by COUNTY, or absent directions by COUNTY, to exercise a fiduciary obligation to COUNTY, before incurring or making further costs, expenses, obligations or encumbrances arising out of or related to this Agreement. 15.SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: GRANT REQUIREMENTS; INDEPENDENT CONTRACTOR; INDEMNIFICATION; INSURANCE; DUTY TO NOTIFY; DATA PRIVACY AND SECURITY; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION; MEDIA OUTREACH; and MINNESOTA LAW GOVERNS. 16.GRANT ADMINISTRATION Kaitlin Steinberg/Kira Berglund, Waste Reduction and Recycling Specialist, or their successor (“Grant Administrator”), shall manage this Agreement on behalf of COUNTY and serve as liaison between COUNTY and GRANTEE. Jessica Beise, Administrative Services Director, City of Corcoran, jbeise@corcoranmn.gov or 763-400-7029, shall manage the agreement on behalf of GRANTEE. GRANTEE may replace such person but shall immediately give written notice to COUNTY of the name, phone number and email/fax number (if available) of such substitute person and of any other subsequent substitute person. 10 17.COMPLIANCE AND NON-DEBARMENT CERTIFICATION A.GRANTEE shall comply with all applicable federal, state and local statutes, funding sources, regulations, rules and ordinances currently in force or later enacted. B.GRANTEE certifies that it is not prohibited from doing business with either the federal government or the state of Minnesota as a result of debarment or suspension proceedings. C.If the source or partial source of funds for payment under this Agreement is from federal or state monies or from a federal, state or other grant source, GRANTEE is bound by and shall comply with applicable law, rules, regulations, applicable documentation or other COUNTY directives relating to the source and utilization of such funds. 18.RECYCLING COUNTY encourages GRANTEE to establish a recycling program for at least three materials, such as newsprint, office paper, glass, plastic, and metal. 19.NOTICES Unless the parties otherwise agree in writing, any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to COUNTY shall be sent to the County Administrator with a copy to the originating COUNTY department at the address given in the opening paragraph of this Agreement. Notice to GRANTEE shall be sent to the address stated in the opening paragraph of this Agreement or to the address stated in GRANTEE’s Form W-9 provided to COUNTY. 20.CONFLICT OF INTEREST GRANTEE affirms that to the best of GRANTEE’s knowledge, GRANTEE’s involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. Should any conflict or potential conflict of interest become known to GRANTEE, GRANTEE shall immediately notify COUNTY of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and advise COUNTY whether GRANTEE will or will not resign from the other engagement or representation. Unless waived by COUNTY, a conflict or potential conflict may, in COUNTY’s discretion, be cause for cancellation or termination of this Agreement. 11 21. MEDIA OUTREACH GRANTEE shall notify COUNTY, prior to publication, release or occurrence of any Outreach (as defined below). The parties shall coordinate to produce collaborative and mutually acceptable Outreach. For clarification and not limitation, all Outreach shall be approved by COUNTY, by and through the Public Relations Officer or his/her designee(s), prior to publication or release. As used herein, the term “Outreach” shall mean all media, social media, news releases, external facing communications, advertising, marketing, promotions, client lists, civic/community events or opportunities and/or other forms of outreach created by, or on behalf of, GRANTEE (i) that reference or otherwise use the term “Hennepin County,” or any derivative thereof; or (ii) that directly or indirectly relate to, reference or concern the County of Hennepin, this Agreement, the Grant Requirements performed hereunder or COUNTY personnel, including but not limited to COUNTY employees and elected officials. 22. MINNESOTA LAWS GOVERN The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the state of Minnesota. 23. HENNEPIN COUNTY PERSONAL PROPERTY TAX AND PROPERTY TAX GRANTEE affirms that it and its officers have paid all Hennepin County personal property taxes and property taxes due on all of its Hennepin County properties for taxes owed on or before the date of the execution of this contract. If the County finds that property taxes have not been paid by GRANTEE, GRANTEE’s owner and GRANTEE’s board of directors (if any), County may refuse to disburse funds or require the return of all or part of the funds already disbursed. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 12 COUNTY BOARD AUTHORIZATION Reviewed for COUNTY by the County Attorney's Office: {__________________________ {Date:______________________} Reviewed for COUNTY by: {__________________________ {Date:______________________} Board Resolution No: {_____________________________} Document Assembled by: {__________________________ {Date:______________________} {{Exh_es_:signer1:attachment:label("Attachments")}} COUNTY OF HENNEPIN STATE OF MINNESOTA By: {__________________________ {Date:______________________} ATTEST: {__________________________ {Date:______________________} By: {__________________________ {Date:______________________} 13 GRANTEE GRANTEE warrants that the person who executed this Agreement is authorized to do so on behalf of GRANTEE as required by applicable articles, bylaws, resolutions or ordinances.* By: {__________________________ Date:______________________} *GRANTEE represents and warrants that it has submitted to COUNTY all applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. Documentation is not required for a sole proprietorship. City of Corcoran February 24, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-18 Page 1 of 2 Motion By: Seconded By: A RESOLUTION SUPPORTING HOUSING AND LOCAL DECISION-MAKING AUTHORITY WHEREAS, local elected decision-makers are in the best position to determine the health, safety, and welfare regulations that best serve the unique needs of their constituents; and WHEREAS, zoning regulation is an important planning tool that benefits communities economically and socially, improves health and wellness, and helps conserve the environment; and WHEREAS, local zoning regulation allows communities to plan for the use of land transparently, involving residents through public engagement; and WHEREAS, cities across the state are keenly aware of the distinct housing challenges facing their communities and they target those local housing challenges with available tools; and WHEREAS, multiple bills restricting local decision-making related to housing have been introduced in the 2021-2022 biennium. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CORCORAN, that this Council supports local decision-making authority and opposes legislation that restricts the ability for local elected officials to respond to the needs of their communities. LET IT ALSO BE RESOLVED that t his Council supports housing policy that advances solutions to support full housing spectrum solutions, local innovation, incentives instead of mandates, and community -specific solutions throughout Minnesota. with the County. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehrenkamp, Dean Agenda Item: 7i. City of Corcoran February 24, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-18 Page 2 of 2 Whereupon, said Resolution is hereby declared adopted on this 24th day of February, 2022. ________________________________ Tom McKee – Mayor ATTEST: __________________________________________ City Seal Jessica Beise – Administrative Services Director City of Corcoran February 24, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-19 Page 1 of 1 Motion By: Seconded By: POLICE OFFICER DECLARATION OF PERA CONTRIBUTIONS ABIGAIL EDSTROM WHEREAS, the policy of the State of Minnesota as declared in Minnesota Statutes 353.63 is to give special consideration to employees who perform hazardous work and devote their time and skills to protecting the property and personal safety of others; and WHEREAS, Minnesota Statutes Section 353.64 permits governmental subdivisions to request coverage in the Public Employees Police and Fire plan for eligible employees of police departments whose position duties meet the requirements stated therein and listed below. BE IT RESOLVED, that the City of Corcoran of Hennepin County, MN hereby declares that the position titled Police Officer, currently held by Abigail Edstrom, meets all of the following Police and Fire membership requirements: 1.Said position requires a license by Minnesota peace officer standards and training board under sections 626.84 to 626.863 and this employee is so licensed; 2.Said position’s primary (over 50%) duty is to enforce the general criminal laws of the state; 3.Said position charges this employee with prevention and detection of crime; 4.Said position gives this employee the full power of arrest and 5.Said position is assigned to a designated police or sheriff’s department. BE IT FURTHER RESOLVED that this governing body hereby requests that the above-named employee be accepted as a member of the Public Employees Police and Fire Plan effective the date of this employee’s initial Police and Fire salary deduction by governmental subdivision. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 24th day of February, 2022. ________________________________ Tom McKee – Mayor ATTEST: __________________________________________ City Seal Jessica Beise – Administrative Services Director Agenda Item: 7j. 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 www.landform.net Landform® and Site to Finish® are registered service marks of Landform Professional Services, LLC. Agenda Item: 8a. TO: Corcoran City Council FROM: Nicholas Ouellette through Kendra Lindahl, Landform DATE: February 14, 2022 for the February 24, 2022 City Council Meeting RE: Variance for Saint Therese Communities on the property located at 8200 Co Rd No 116 (PID 24-119-23-23 -0001) (city file no. 21-061) REVIEW DEADLINE: April 20, 2022 1.Description of Request Saint Therese Communities has requested approval of a variance to allow fewer trees than the 259 trees required for the senior living community project. 2.Planning Commission Review The Planning Commission reviewed this item at their February 3, 2022 meeting. Other than the applicant, no members of the public were present to speak on this item. The Planning Commission voted 4-1 to recommend approval (Jacobs nay). 3.Background On November 22, 2021, the Council approved a site plan, conditional use permit (CUP) and preliminary plat for Saint Therese Communities, a senior living community with 206 units and accessory complementary uses. The landscape plans provided 181 trees (159 overstory and 66 understory) where 259 trees are required. Approving Resolution 2021-131 required the applicant to provide 259 overstory trees (or equivalent) or submit a variance application to allow fewer trees. 4.Context Zoning and Land Use The site is guided Mixed Use in the 2040 Future Land Use Plan and zoned Downtown Mixed Use (DMU) district. The site is also located Town Center of the Southeast District as described in Appendix B of the Zoning Ordinance. These districts provide for the integrated development of a high quality downtown with walkable blocks and adjoining destinations. Residential uses in the Mixed Use district are planned at a higher density of 8-30 units per acre. DMU standards support the higher density by allowing lot areas as small 20,000 square feet and no minimum lot width or depth requirements. Saint Therese Landscape Variance (21-061) 2 February 24, 2022 Surrounding Properties The project is part of a subdivision of the City Hall property. The property to the south of the existing City Hall property is guided Mixed Use and zoned DMU district. The properties to the north and east are guided Low Density Residential and zoned Urban Reserve (UR) district. Properties to the west are guided Medium Density Residential and zoned Medium Density Residential (RMF-1) district. All surrounding properties are located within the Southeast District and properties to the north, south and east are located within the Town Center district as described in Appendix B of the Zoning Ordinance. Natural Characteristics of the Site There are no natural features on the portion of the property where Saint Therese is planned to develop (Lot 1, Block 1, Town Center Addition). 5. Analysis Staff has reviewed the application for consistency with Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and City Code requirements, as well as City policies. The City Engineer’s comments are incorporated into this staff report, the detailed comments are included in the attached engineering memo and the approval conditions require compliance with the memo. A. Level of City Discretion in Decision-Making The City’s discretion in approving a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a higher level of discretion with a variance because the burden of proof is on the applicant to show that the variance standards have been met. B. Consistency with Ordinance Standards Variance The applicant is requesting a variance from the minimum 259 overstory trees required by Section 1060.070 of the Zoning Ordinance. Landscape plans submitted with the variance application show 181 equivalent overstory trees (159 overstory and 66 understory trees) and 535 shrubs where 259 trees and 535 shrubs are required. The Zoning Ordinance allows up to 50% of the required number of overstory trees to be substituted with three understory trees. The applicant is using understory trees to meet the overstory tree requirement. The applicant is requesting a variance from the requirement to provide 78 additional trees. The project includes both residential and non-residential uses. The Zoning ordinance requires residential uses to provide a minimum of one overstory tree per dwelling unit. Non-residential uses shall contain at a minimum: Saint Therese Landscape Variance (21-061) 3 February 24, 2022 a. One overstory tree per 1,000 square feet of gross building floor area or one tree per 50 lineal feet of siter permitter, whichever is greater, plus b. One understory shrub for each 300 square feet of building or one tree per 30 lineal feet of site perimeter, whichever is greater. The independent living units are considered residential and the other uses are non-residential. This was the formula used in the terms sheet for the purchase agreement and for park dedication calculation. The landscaping requirement for each use is: - 99 trees for the 99 independent living apartments - 160 trees and 535 shrubs for the remainder of the building (160,358 square feet of 289,660 square feet) The developed portion of the site is well landscaped and there is limited space to provide additional landscaping. The only apparent space to plant the additional 78 trees required by ordinance is on the approximately four acres of vacant land on the north portion of the proposed lot (Lot 1, Block 1, Town Center Addition) and the vacant land in the southwest corner where a future building expansion is planned. A community garden is planned in the northwest corner of the proposed lot, but no details have been provided at this time. The applicant’s landscape narrative indicated there may be future development in the vacant area, but no details or timeline have been provided and no approvals are granted for future development. Planting trees in this area would be temporary. The burden of proof is on the applicant to show that all of the following criteria from Section 1070.040, Subd. 2(B), have been met: A. That there are practical difficulties in complying with the Zoning Ordinance. The proposed development has both residential and non-residential uses and the Zoning Ordinance requires a minimum number of trees for both uses according to the standards in Section 1060.070 of the Zoning Ordinance. The applicant has practical difficulty in complying with the required number of trees for the development. The project site consists of a development area, community garden and land for future phases of development. Trees could be planted within all open areas of the site; however, the applicant is not proposing to plant in future development areas. Trees planted in vacant areas would be temporary because they will be removed with any future development. The urban nature of the DMU and Town Center districts makes it difficult to meet landscaping requirements. B. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and were not created by the landowner. The Town Center and DMU districts are guided to establish an integrated mix of uses for downtown. The districts are intended to maximize development in this area of the City in a more urban nature. The requirement for trees does not consider the limited amount of green space typical for high density mixed uses and conflicts with the urban development style planned for the Town Center. Saint Therese Landscape Variance (21-061) 4 February 24, 2022 The applicant provides a mix of uses, design features and amenities in accordance with and in support of the district guidelines. For example, the minimum lot lines for buildings, amphitheater and main street style public realm space of this development contribute to the dense, built-up environment the Town Center and DMU districts are guided to establish. These features and amenities also occupy spaces typically reserved for landscaped areas in less dense and urban developments. Green space provided within the development site are well landscaped. The Town Center is intended to be a community gathering space. Further developments, in addition to Saint Therese, are necessary to support the Town Center as a destination and gathering space for the community. Vacant land should be reserved for future development and planting trees in these areas does not support the intent of the Town Center. Permanent tree plantings in future development areas restricts the potential for development in support of the Town Center. C. That the granting of the variation will not alter the essential character of the locality. This development is the first within the Town Center in the Southeast District. Granting the variation will allow this development to maintain the urban and dense character of the Town Center and DMU districts. The development site is well landscaped and preserving areas of land for future development will allow the entire area to develop in a manner that supports the intent of the Town Center and DMU districts. D. The proposed variance would be in harmony with the general purposes and intent of the Ordinance. The intent of the DMU district is to establish a strong identity for the City of Corcoran downtown. The district is guided to create and orderly and integrated mix of high-quality uses for downtown Corcoran that includes a mix of shops, restaurants, offices, housing, recreation, community facilities, parks and open spaces, all within a walkable area designed to be both pedestrian- friendly and auto-accessible. The landscape standards were developed for a more suburban style of development where more green space is available and desired. Reducing the number of required trees and preserving areas for future development will allow for the orderly and integrated development of a high quality-quality downtown. E. The variance is consistent with the Comprehensive Plan. The guidance for the Mixed Use district is to combine residential and commercial uses into a coordinated, planned development project. The Town Center is intended to support the Downtown Core through walkable blocks, a variety of housing types and densities, and a unified public realm aesthetic. Reducing the number of required trees required for this development will still provide high quality landscaping in this development and maintain these Comprehensive Plan goals. Saint Therese Landscape Variance (21-061) 5 February 24, 2022 F. The City may impose conditions on the variance to address the impact of the variance. Staff has not included any conditions on the variance. With the findings given above, staff believes the variance criteria has been met. Summary Staff finds that the proposed variance is consistent with the City Comprehensive Plan and Ordinance goals. If the City Council finds that the variance standards have not be met, they could recommend denial of the variance and direct staff to prepare resolution for denial to be considered at the next Council meeting. 6. Recommendation Move to adopt the following, as recommended by the Planning Commission: a. Resolution 2022-12 approving the variance Attachments 1. Resolution 2022-12 Approving the Variance 2. Site Location Map 3. Applicant Narrative dated December 21, 2021 4. Preliminary Plat dated December 21, 2021 5. Landscape Plan dated December 21, 2021 City of Corcoran February 24, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022 -12 Page 1 of 2 Motion By: Seconded By: APPROVING A VARIANCE FOR SAINT THERESE COMMUNITIES AT 8200 CO RD NO 116 (PID 24-119-23-23-001) (CITY FILE NO. 21-061) WHEREAS, Saint Therese Communities (the “applicant”) has requested approval of a variance from the required number of trees for the senior living community on the property legally described as; Lot 1, Block 1, Town Center Addition WHEREAS, the Planning Commission has reviewed the variance at a duly called public meeting and recommends approval, and; NOW, THEREFORE, BE IT RESOLVED that the Corcoran City Council approves the request for a variance subject to the following findings and conditions: 1. The applicants have requested a landscape variance for the construction of a senior living community as show on the application received by the City on December 21, 2021. 2. The requested variance from the required number of trees is approved based on the following findings: a. That there are practical difficulties in complying with the Zoning Ordinance. The urban nature of the Downtown Mixed Use (DMU) district and Town Center make it difficult for the applicant to meet the landscaping requirements. The dense nature of this development constricts available green space for tree planting. Trees planted in land for future phases of development would be temporary because they will be removed when these areas are developed in support of the dense and urban guidelines of the DMU and Town Center districts. b. That the conditions upon which a petition for a variation is based are unique to the parcels of land for which the variance is sought and were not created by the landowners. The requirement for trees does not consider the limited green space available with higher density mixed-use developments. The mix of uses, design elements and amenities provided by the applicant in support of the DMU and Town Center district guidelines occupy space typically reserved for landscaping features in less urban developments. Vacant areas should be reserved for future developments that further support the Town Center as a dense urban environment and gathering space for the community. Permanent tree plantings in future development areas restricts the potential for future development in support of the Town Center and DMU districts. c. That the granting of the variation will not alter the essential character of the locality. The variation will allow this development to maintain the urban and dense character of the Town Center and DMU districts. The development site is well landscaped and preserving areas for future development will allow the entire City of Corcoran February 24, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022 -12 Page 2 of 2 area to develop in a manner that supports the intent of the Town Center and DMU districts. d. The proposed variance would be in harmony with the general purposes and intent of the ordinance. The intent of the DMU district is to establish a strong identity for downtown through an orderly and integrated mix of high-quality land uses. The landscape standards reflect a more suburban style of development where more green space desired. Reducing the number of required trees will allow for the orderly and integrated development of a high-quality downtown. e. The variance is consistent with the Comprehensive Plan. The guidance for the Mixed Use district is to combine residential and commercial uses into a coordinated, planned development project. The Town Center is intended to support the Downtown Core through walkable blocks, a variety of housing types and densities and a unified public realm aesthetic. Reducing the number of required trees for this development will maintain the Comprehensive Plan goals for the Mixed Use district and Town Center. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 24th day of February 20 22. ________________________________ Tom McKee - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – Administrative Services Director Hennepin County Property Map Date: 1/20/2022 Comments: 1 inch = 800 feet PARCEL ID: 2411923230001 OWNER NAME: City Of Corcoran PARCEL ADDRESS: 8200 Co Rd No 116, Corcoran MN 55340 PARCEL AREA: 78.88 acres, 3,436,132 sq ft A-T-B: Torrens SALE PRICE: SALE DATA: SALE CODE: ASSESSED 2020, PAYABLE 2021 PROPERTY TYPE: Commercial-Preferred HOMESTEAD: Non-Homestead MARKET VALUE: $0 TAX TOTAL: $0.00 ASSESSED 2021, PAYABLE 2022 PROPERTY TYPE: Commercial HOMESTEAD: Non-Homestead MARKET VALUE: $0 This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2022 Revised 12/18/20 Please attach a brief description of your project/reason for your request. 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 www.landform.net Landform® and Site to Finish® are registered service marks of Landform Professional Services, LLC. Agenda Item: 8b. TO: Corcoran City Council FROM: Nicholas Ouellette through Kendra Lindahl, Landform DATE: February 17, 2022 for the February 24, 2022 City Council Meeting RE: PUD Sketch Plan for “Corcoran Farms Business Park” (PID 26-119-23-13-0006) (city file no. 22-006) REVIEW DEADLINE: March 25, 2022 1.Description of Request JMMK, LLC has submitted a request for review of a PUD sketch plan to develop a five-lot industrial park consisting of five buildings and an extension of Blue Bonnet Road. The site exists as undeveloped property today. 2.Context Zoning and Land Use The 68.68-acre site is guided Light Industrial in the Comprehensive Plan and zoned Light Industrial (I-1) district. The land is vacant and its current land use is agricultural. The site is located within the Metropolitan Urban Service Area (MUSA) and the Southeast District. Surrounding Properties All surrounding properties are located within the MUSA and Southeast District. The properties to the north, across County Road 50, are guided Parks/Open Space in the Comprehensive Plan and zoned Public/Institutional (P-I) district. Properties to the east are guided Light Industrial and zoned I-1 district. Properties to the south, located across Larkin Road, are guided Agricultural Preserve and Existing Residential and zoned Urban Reserve (UR) district. Properties to the west are guided Medium Density Residential and Low Density Residential and zoned Medium Density Residential (RMF-1), Single Family Residential 2 (RSF-2) and UR districts. Natural Characteristics of the Site The Natural Resources Inventory (NRI) map identifies wet prairie wetlands along the west property line, old field uplands along the north and northeast portions of the site and a stream that runs along the east property line. The wetland delineation provided by the applicant identifies seven wetlands throughout the site. Corcoran Farms Business Park (22-006) 2 February 24, 20 22 3.Analysis Concept Plan The applicant is proposing a PUD sketch plan for a five-lot industrial park bordered by County Road 50 to the north and Larkin Road to the south. Five buildings are proposed on five lots for this development. The site is immediately west of the existing downtown industrial area. The five buildings are proposed for office and warehouse use with loading docks. The largest building is situated on the northern half of the property with proposed primary access from County Road 50. Four buildings are proposed in the southern half of the property and will have access from Blue Bonnet Road. Lot Standards and Building Setbacks A comparison of the lot standards for the I-1 district and the concept plan is shown in the table below: Required Proposed Building/Lot* A B C D E Minimum lot area 1 acre 6.1 acres 8.9 acres 9.9 acres Unknown Unknown Minimum lot width 100 ft. 640 ft. 925 ft. 425 ft. >100 ft.>100 ft. Minimum lot depth 200 ft. 420 ft. 370 ft. 925 ft. >200 ft.>200 ft. Setbacks Front, from major roadways 100 ft. N/A N/A N/A N/A N/A Front, from all other streets 50 ft. 90 ft. 90 ft. 90 ft. 55 ft. 358 ft. Side 20 ft. 120 ft. 120 ft. 108 ft. 120 ft. 88 ft. Rear 20 ft. 65 ft. 80 ft. 192 ft. 70 ft. 225 ft. Adjacent to residential 50 ft. 65 ft. N/A N/A 70 ft. 125 ft. Maximum Principal Building Height 45 ft. 30-34 ft.30-34 ft.30-34 ft.30-34 ft.30-34 ft. Maximum impervious surface coverage** 70% *Proposed lot sizes and setbacks have been estimated from the concept plan. Proposed lot lines for Buildings D and E are not clearly delineated on the concept plan. Setbacks measured from proposed Blue Bonnet Lane right-of-way will change when the proposed right-of-way width is expanded from 60 ft. to 80 ft. **Impervious surface calculations were not provided with the sketch plan, but it appears that Lots A, B and C may exceed the 70% maximum coverage. The applicant has not provided a subdivision plan; however, some lot lines are shown on the concept plan. The buildings appear to comply with the minimum setback requirements from lot lines as shown on the concept plan. As discussed further in this report, the lot lines could be adjusted to address setback issues. Corcoran Farms Business Park (22-006) 3 February 24, 20 22 Parking and Drive Aisles Section 1060.060 requires that parking and drive aisles must be setback 50 ft. from Larkin and the new public street and 10 ft. from the side and rear property lines. The applicant is proposing a 20 ft. front setback for parking and drive aisles along Larkin Road (Buildings A and B) and along the new public street (Buildings C and D). A zero foot setback for the loading dock drive aisles for Buildings C and D are shown from the south property line where a 10 ft. setback is required. Section 1060 of the Zoning Ordinance establishes the minimum number of parking spaces required based on the gross sq. ft. of floor area for each land use. The ordinance requires the following: •Office = 1 space per 200 sq. ft. (minimum 8 spaces). •Warehouse = 5 spaces plus 1 space for each 2 employees on the largest shift. A minimum 1 space per 1,500 sq. ft. of floor area is required. The applicant’s narrative indicates the proposed mix for each building is expected to be 20% office and 80% warehouse uses. The site plan differs from the narrative and shows Buildings C, D and E as 10% office and 90% warehouse uses because the lot cannot accommodate the desired building size and meet minimum parking requirements. The table below shows that the applicant has provided more parking than what is required for the proposed 10/90 mix of uses. Additional parking may be required for warehouse uses based on the number of employees for the largest shift; this information is not available at this time. The applicant may be able to remove or reduce the amount parking within the front setback and reduce the required setback flexibility once an exact amount of parking required can be determined. Reducing parking may also allow additional space for required easements and landscaping. Building Number of Parking Stalls Provided 20% Office/80% Warehouse Required Parking Stalls 10% Office/90% Warehouse Required Parking Stalls A 161 111 82 B 238 170 124 C 236 238 172 D 125 139 101 E 341 370 267 *Green text indicates that the lot meets the minimum number of parking stalls required for the mix of uses and red text indicates that the lot does not meet the minimum number of parking stalls required for the mix of uses. Landscaping No landscaping is not depicted on the concept plan. The Southeast District Guidelines recommend site layout and landscaping should be designed to work with the existing topography of the area, preserving rolling hills, woods, and wetlands and natural viewsheds and corridors. Landscape screens with berms, hedgerows, and a variety of native trees and shrubs should be incorporated to minimize undesirable views from the public realm. The development will impact the existing topography and agricultural view of the site. The applicant has indicated in their narrative that a combination of landscaping, berms or fencing could be used to screen the development from public view along Larkin Road. Corcoran Farms Business Park (22-006) 4 February 24, 20 22 The site is subject to the landscape standards in Section 1060.070 which requires the following: - One overstory tree per 1,000 sq. ft. of gross building floor area or one tree per 50 lineal ft. of site perimeter, whichever is greater. - One understory shrub for each 300 sq. ft. of building or one tree per 30 lineal ft. of site perimeter, whichever is greater. - The planting screen shall consist of hardy trees that will provide a minimum of 80% opacity year-round. Planting screens shall contain a mix of overstory and understory planting and a mix of deciduous and coniferous materials. The proposed concept would be required to plant approximately 726 overstory trees and 2,421 shrubs, based on the gross building floor area for the development. We do not have a subdivision plan with which to determine whether the requirement for trees is greatest based on building sq. ft. or site perimeter. The amount of development proposed will make placement of required landscaping difficult, especially on lots with little open space to accommodate plant material. Section 1060.060 requires that parking areas with four or more stalls shall be screened from properties guided or zoned residential and from public streets. Screening to a height of at least three ft. shall be provided to screen vehicle headlights. Hedges for screening vehicle headlights will be required for the following parking areas as shown on the plans: - Building A – facing Larkin Road, the new public street and the residentially zoned properties to the west. - Building B – Facing Larkin Road and the new public street. - Building C – Facing the new public street. - Building D – Facing the new public street and residentially zoned properties to the west. - Building E – Facing County Road 50 and residentially zoned properties to the west. Section 1060.060, Subd. 3(B.9) of the Zoning Ordinance prohibit off-street loading areas within 300 ft. of residentially zoned or guided property unless they are screened by an intervening building. Loading areas not requiring screening by an intervening building shall be screened from adjacent residentially zoned or guided property by the use of berms, fences, or walls to provide 100% opacity to a height of at least 10 ft. The loading areas for buildings A and D are located within 300 ft. of residentially zoned properties situated to the west. Landscaping plans will need to show compliance with these standards. Access/Streets All buildings have access from the proposed extension of Blue Bonnet Drive connecting at Larkin Road. The plans show a 60 ft. right-of-way for th is new public street. The City Engineer has noted the street shall be 36 ft. wide with an 80 ft. right-of-way. The additional right-of-way will require significant changes to the plan to meet even the proposed 20-foot setback where 50-feet is proposed. The proposed extension ends in a temporary cul-de-sac with a future street extension planned to connect with County Road 50 to the northwest in alignment with the access to the City park. The future street connection is consistent with the Southeast District guidelines for a connected street network. Corcoran Farms Business Park (22-006) 5 February 24, 20 22 Buildings A and B are also shown with two additional access drives from Larkin Road. The City Engineer has noted the access drives from Larkin Road shall be removed and all access shall be from the new public street. The plans Building E primary access from the extension of Blue Bonnet Drive and a secondary private access drive from County Road 50. Staff has concerns about this secondary access which would provide access through the site within a parking lot. Staff recommends that this access be barricaded and limited to emergency vehicle access. The City owns property to the east of the site that could also be used to provide a future emergency vehicle access. This would require property acquisition of adjacent parcels which may not be preferred at this time. Curb cuts for the loading dock access drives for Buildings A, B, C and D are approximately 60 ft. wide. This exceeds the maximum allowed width of 32 ft., as measured at the end of the radius points within the site. Curb cuts for the loading docks shall be reduced to meet City standards. This issue has been discussed with several recent developments in the existing industrial area to the east and the City Council has consistently upheld this requirement. A feasibility study is being performed in conjunction with the EAW for the site. The City Engineer has noted offsite improvements may be necessary to mitigate transportation impacts. Such improvements may include turn lanes and intersection improvements along Larkin Road. Overlay Districts There are seven wetlands on the site which are regulated by standards in Section 1050.010 of the Zoning Ordinance. The site plan does show the development of drive aisles over or adjacent to the two southernmost wetlands (wetlands 6 and 7 in the Wetland Report), which will require approval of a wetland mitigation plan. Wetland buffer strips are required to provide an average width of 25 ft. with a 15 ft. structure setback. Wetland buffer signs are required to be installed at each lot line where it crosses a wetland buffer, and where needed to indicate the contour of the buffer, with a maximum spacing of 200 ft. along the buffer edge. Shoreland Overlay district is located along the eastern edge of the site for the unnamed tributary stream . The proposed buildings comply with the required 50 ft. building setback for sewered structures from the ordinary high water level of the tributary stream. Buffers are required for the tributary stream with a minimum width of 20 ft. and an average width of 25 ft. Plans must show the setback and buffers for the tributary stream. Tributary stream buffers shall be planted with a seed mix containing 100% perennial native plant species. Buffer areas must also be identified with buffer monuments where the buffer crosses a lot line, and where needed to indicate the contour of the buffer with a maximum spacing of 300 ft. along the buffer edge. The Shoreland Overlay district has additional standards for stormwater management, including that impervious surface coverage of lots must not exceed 25% of the lot area. This requirement may impact development of the lot for Building C, where the building footprint covers approximately 39% of the lot area shown on the concept plan. Corcoran Farms Business Park (22-006) 6 February 24, 20 22 The proposed development is also subject to the performance standards in the Southeast District Plan and Design Guidelines in Appendix B of the Zoning Ordinance. Buildings/Architecture There are five buildings shown on the concept plan. A mix of office and warehouse uses are proposed in each building. The sq. ft. for each building is as follows: Building Building Footprint (sq. ft.) A 77,116 B 119,462 C 168,517 D 87,349 E 264,246 The applicant has not provided any architectural details for the proposed buildings. Building design must comply with Section 1060.050, Subd. 1(C) which provides standards for buildings in non- residential zoning districts. Building E is approximately 1,090 ft. long and the applicant should consider architectural features and materials to break up the building mass. Easements The City Engineer has noted easements shall be provided over all utilities and must be sufficiently wide enough to allow for access for all maintenance and replacement activities. This may result in the right - of-way or side yard easements being larger than the minimum to ensure access to utilities. There is a gas line easement that impacts the layout of the proposed development. The applicant should ensure electrical transmission line easement situated on the property does not restrict any of the proposed development. No improvements shall be located within required easements. The applicant has shown retaining walls along the 50 ft. gas line easement that runs east west through the south half of the site on their proposed lot line. This would be located in the City drainage and utility easement. The applicant has limited ability to grade within the gas line easement and the retaining walls are necessary for the loading dock dive aisle. The concept plan shows a side lot line along the north edge of the gas line easement. Retaining walls for Buildings C and D are situated along the lot line with a zero ft. setback where a five ft. drainage and utility easement would be required. The applicant must adjust the location of the lot line and retaining wall to account for the required easements. This will likely require a smaller building to comply. Easements must also be provided over the wetlands and shoreland and their respective buffer areas. Corcoran Farms Business Park (22-006) 7 February 24, 20 22 Grading No grading is depicted on the concept plan. A retaining wall is shown with a zero ft. setback along the gas line easement adjacent Buildings C and D. If the project proceeds, the applicant should provide further information on the location and construction plans for the drive aisle and retaining wall along the gas line easement. The City Engineer has noted this project will trigger both the City of Corcoran and the Elm Creek Watershed requirements for a stormwater management system. Final approval by the Elm Creek Watershed Management Commission must be attained before nay site grading or activity may commence. Utilities The site is located within the MUSA boundary and will be served by sewer and water. The applicant has provided a preliminary utility plan but the public infrastructure within the extension of Blue Bonnet Drive has not yet been designed and the exact location will need to be coordinated with the City as part of the design. The applicant will be responsible for connecting to the sanitary sewer and watermain at the northeast edge of the development and bringing it to serve the development. The City Engineer has noted the sanitary system shall connect to the southeast corner of the development as shown in the Comprehensive Plan. Stormwater The applicant has proposed four stormwater ponds. Three ponds are located along the east lot line and the fourth pond is centrally located in the site. As part of the development review plan, the applicant would be required to comply with state, watershed and local stormwater standards. The Southeast District guidelines describe a mix of ponds, fountains and other water elements provide focal amenities should be employed within a framework of an environmentally responsible and visually pleasing strategy to manage stormwater. A stormwater management plan shall be provided by the applicant to confirm the proposed stormwater facilities are in accordance with the City of Corcoran and watershed standards. Parks and Trails Under the current ordinance, park dedication of land is required at 3% of the net pre-development area for Commercial and Industrial land or market equivalent in cash. Net acreage is not available at this time; 2.1 acres of park land dedication would be required based on the gross land area. Wetlands on site will impact the final park dedication area calculations (net and gross) which must be provided with final plat application. Corcoran Farms Business Park (22-006) 8 February 24, 20 22 The Parks and Trails Plan map from the Comprehensive Plan identifies a proposed off-road trail along the length of the east property line. The trail may be a part of the Three Rivers Park District Diamond Lake Regional Trail. The concept plan shows a 10 ft. bituminous trail along the proposed route. The City requires a 20 ft. easement for the proposed off-road trail. There is not enough space for the trail and 20 ft. easement in the southeast corner of the site. Building B or the parking must be adjusted to accommodate the trail easement width. Public Safety Public Safety Committee reviewed the plans and provided feedback. The committee noted the site may need to be adjusted for fire lane widths. Emergency vehicle access will need to be provided on the northern portion of the site and this access shall be clearly marked as a fire lane with prohibited parking on either side of the aisle. The City Engineer has noted the timing of the secondary access from County Road 50 could be reviewed as the buildings are proposed to develop from south to north, and the access is not likely to be proposed until a later stage of the project. Environmental Assessment Worksheet (EAW) An EAW is required for the project as the 570,687 gross sq. ft. of warehousing/light industrial uses exceeds the EAW threshold of 300,000 sq. ft. If the Council supports the concept as shown by the applicant, City staff would begin work on an EAW for the site. Staff has provided the applicant with a cost estimate and has received the required escrow, but will not begin the EAW until after City Council review of the sketch plan. No formal development application (preliminary plat, site plan, etc.) may be approved until the EAW process is complete. As noted earlier in this staff report, it is important the applicant provide final land use ratios to the City as the review is specific to the projected impacts based on land use. Summary The City of Corcoran reclassified this property from residential to industrial as part of the 2040 Comprehensive Plan update in order to provide more opportunities for industrial land in the City, which will provide jobs and tax base. However, the City must balance these desires with other development standards adopted by the City. It may be that there is simply too much development proposed for the site and, if the Council does not support the current concept, the developer may choose to present a revised sketch plan for Council review and comment prior to beginning the EAW. The proposed uses are consistent with the planned future land use in this district, but the applicant is requesting flexibility to allow a 20-foot front yard setback where 50 feet is required. While not specifically requested, the plans suggest that they will also be requesting flexibility from the curb cut maximum width, impervious surface coverage and landscape standards. The applicant has not provided any specific PUD benefit at this PUD sketch plan stage. Corcoran Farms Business Park (22-006) 9 February 24, 20 22 There are two questions for the Council: 1. Do you support the sketch plan proposed by the applicant and the flexibility requested? • If the Council does not support the current plan, they should provide feedback to the applicant, so the applicant can make changes to the plan and bring a second concept back to the Council to try to gain support or choose not to pursue development at this time. 2. If you support the concept, how would you like the flexibility request to be processed? The applicant indicates that the only needed flexibility is to allow a 20-foot setback where 50 feet is required (although staff has noted other areas where the plan does not appear to meet ordinance standards). The Code offers two options: • A variance. This would require the applicant to show a practical difficulty. The gas line does affect the site and requested setback to Larkin, but is not a factor for the requested setback to Blue Bonnet. • A PUD. This would require the applicant to show compliance with the intent of the district as noted in Section 1040.140. The Council has had a number of discussions regarding PUD flexibility in the last year and should provide direction on what would be needed for a PUD to be approved. The City has provided a cost estimate to complete an Environmental Assessment Worksheet (EAW) for this site and has received payment from the applicant to begin that work. However, staff has identified a number of issues with the development as currently proposed and we are delaying the EAW until after Council feedback on the PUD sketch plan. The feedback from the Council will help the applicant make a decision about how to proceed. 4. Recommendation Staff recommends that the City Council review and discuss the sketch plan and provide the applicant with informal comments. Any opinions or comments provided to the applicant by the City Council are considered advisory only and shall not constitute a binding decision on the request. Corcoran Farms Business Park (22-006) 10 February 24, 2022 Attachments 1. Site Location Map 2. Concept Site Plan dated January 24, 2022 3. Concept Utility Plan dated February 4, 2022 4. Applicant Narrative dated January 31, 2022 5. City Engineer Memo dated February 16 , 2022 6. Public Safety Memo dated February 4, 2022 7. Natural Resources Inventory Map 8. Parks and Trails Plan Map 9. Southeast District Plan and Design Guidelines Hennepin County Property Map Date: 2/17/2022 Comments: 1 inch = 800 feet PARCEL ID: 2611923130006 OWNER NAME: Gary D Schutte Et Al PARCEL ADDRESS: 20130 Larkin Rd, Corcoran MN 55340 PARCEL AREA: 68.68 acres, 2,991,888 sq ft A-T-B: Torrens SALE PRICE: SALE DATA: SALE CODE: ASSESSED 2020, PAYABLE 2021 PROPERTY TYPE: Residential HOMESTEAD: Non-Homestead MARKET VALUE: $607,600 TAX TOTAL: $7,243.34 ASSESSED 2021, PAYABLE 2022 PROPERTY TYPE: Residential HOMESTEAD: Non-Homestead MARKET VALUE: $631,200 This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is not suitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2022 EMPLOYEE ENTRANCE DRIVE BUILDING B FFE=976.00 LOADING DOCK=972.00 SQUARE FOOTAGE=119,462 LOT SIZE=387,843 PARKING STALLS=238 BUILDING A FFE=976.00 LOADING DOCK=972.00 SQUARE FOOTAGE=77,116 LOT SIZE=267,389 PARKING STALLS=161 BUILDING C FFE=976.00 LOADING DOCK=972.00 SQUARE FOOTAGE=168,517 LOT SIZE=428,922 PARKING STALLS=236 BUILDING D FFE=976.00 LOADING DOCK=972.00 SQUARE FOOTAGE=97,055 LOT SIZE=361,694 PARKING STALLS=125 751.0 159.0 120.1 18.0 24.0 648.1 260.0 220.0 463.0 485.0 159.0 265.0 492.0 224.0 120.0 32.1 18.0 120.6 120.0 32.0 18.0 24.0 120.0120.0 129.9 24.024.0 24.0 24.0 24.0 24.0 24.0 24.0 24.0 24.0 EMPLOYEE ENTRANCE DRIVE EMPLOYEE ENTRANCE DRIVE EMPLOYEE ENTRANCE DRIVE EMPLOYEE & LOADING DOCK ENTRANCE DRIVE LOADING DOCK LOADING DOCK LOADING DOCKLOADING DOCK LOADING DOCK LOADING DOCK RETAINING WALL RETAINING WALL RETAINING WALL RETAINING WALL LOADING DOCK ACCESS EMPLOYEE PARKING EMPLOYEE PARKING EMPLOYEE PARKING EMPLOYEE PARKING EMPLOYEE PARKING EMPLOYEE PARKING EMPLOYEE PARKING EMPLOYEE PARKING LOADING DOCK AND EMPLOYEE ACCESS 20' PARKING SETBACK20' PARKING SETBACK STORMWATER POND STORMWATER POND STORMWATER POND STORMWATER POND 18.0 18.0 18.0 24.0 18.0 20.0 18.0 24.0 17.0 18.0 24.0 18.0 24.0 18.0 L0T LINE L0T LINE L0T LINE 10' BITUMINOUS TRAIL 10' BITUMINOUS TRAIL 10' BITUMINOUS TRAIL 10' BITUMINOUS TRAIL PARKING STALLS=238 10% OFFICE=60 STALLS 90% WAREHOUSE=72 STALLS 20% OFFICE=120 STALLS 80% WAREHOUSE=64 STALLS (ENOUGH STALLS FOR 20 80) PARKING STALLS=161 10% OFFICE=39 STALLS 90% WAREHOUSE=47 STALLS 20% OFFICE=78 STALLS 80% WAREHOUSE=42 STALLS (ENOUGH STALLS FOR 20 80) PARKING STALLS=125 10% OFFICE=49 STALLS 90% WAREHOUSE=59 STALLS 20% OFFICE=97 STALLS 80% WAREHOUSE=52 STALLS (NOT ENOUGH STALLS FOR 20 80) PARKING STALLS=236 10% OFFICE=85 STALLS 90% WAREHOUSE=102 STALLS 20% OFFICE=169 STALLS 80% WAREHOUSE=90 STALLS (NOT ENOUGH STALLS FOR 20 80) RETAINING WALL L0T LINE L0T LINE CONNECT TO EXISTING SANITARY CONNECT TO EXISTING WATERMAIN CONNECT TO EXISTING WATERMAIN RETAINING WALL 18.018.018.0 18.0 18.0 18.0 BUILDING E FFE=974.00 LOADING DOCK=970.00 SQUARE FOOTAGE=264,246 LOT SIZE=1,079,874 PARKING STALLS=341 PARKING STALLS=341 10% OFFICE=132 STALLS 90% WAREHOUSE=158 STALLS 20% OFFICE=264 STALLS 80% WAREHOUSE=141 STALLS (NOT ENOUGH STALLS FOR 20 80) 24.0 18.0 18.0 FUTURE STREET EXTENSION TEMPORARY CUL-DE-SAC LOADING DOCK ACCESS N SCALE IN FEET 0 100 200 LOUCKS W:\2021\21442\CADD DATA\CIVIL\_dwg Sheet Files\C2-1 SITE PLANPlotted: 01 /24 / 2022 11:55 AM7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL SUBMITTAL/REVISIONS PROFESSIONAL SIGNATURE QUALITY CONTROL CADD files prepared by the Consultant for this project are instruments of the Consultant professional services for use solely with respect to this project. These CADD files shall not be used on other projects, for additions to this project, or for completion of this project by others without written approval by the Consultant. With the Consultant's approval, others may be permitted to obtain copies of the CADD drawing files for information and reference only. All intentional or unintentional revisions, additions, or deletions to these CADD files shall be made at the full risk of that party making such revisions, additions or deletions and that party shall hold harmless and indemnify the Consultant from any & all responsibilities, claims, and liabilities. CADD QUALIFICATION LARKIN ROAD FEASIBILITY CORCORAN, MN LEE & ASSOCIATES 5353 GAMBLE DRIVE, SUITE 106 MINNEAPOLIS, MN 55416 SITE PLAN C2-1 23 CIVIL LEGEND EMPLOYEE ENTRANCE DRIVE BUILDING B FFE=976.00 LOADING DOCK=972.00 SQUARE FOOTAGE=119,462 LOT SIZE=387,843 PARKING STALLS=238 BUILDING A FFE=976.00 LOADING DOCK=972.00 SQUARE FOOTAGE=77,116 LOT SIZE=267,389 PARKING STALLS=161 BUILDING C FFE=976.00 LOADING DOCK=972.00 SQUARE FOOTAGE=168,517 LOT SIZE=428,922 PARKING STALLS=236 BUILDING D FFE=976.00 LOADING DOCK=972.00 SQUARE FOOTAGE=97,055 LOT SIZE=361,694 PARKING STALLS=125 751.0 159.0 120.1 18.0 24.0 648.1 260.0 220.0 463.0 485.0 159.0 265.0 492.0 224.0 120.0 32.1 18.0 120.6 120.0 32.0 18.0 24.0 120.0120.0 129.9 24.024.0 24.0 24.0 24.0 24.0 24.0 24.0 24.0 24.0 EMPLOYEE ENTRANCE DRIVE EMPLOYEE ENTRANCE DRIVE EMPLOYEE ENTRANCE DRIVE EMPLOYEE & LOADING DOCK ENTRANCE DRIVE LOADING DOCK LOADING DOCK LOADING DOCKLOADING DOCK LOADING DOCK LOADING DOCK RETAINING WALL RETAINING WALL RETAINING WALL RETAINING WALL LOADING DOCK ACCESS EMPLOYEE PARKING EMPLOYEE PARKING EMPLOYEE PARKING EMPLOYEE PARKING EMPLOYEE PARKING EMPLOYEE PARKING EMPLOYEE PARKING EMPLOYEE PARKING LOADING DOCK AND EMPLOYEE ACCESS 20' PARKING SETBACK20' PARKING SETBACK STORMWATER POND STORMWATER POND STORMWATER POND STORMWATER POND 18.0 18.0 18.0 24.0 18.0 20.0 18.0 24.0 17.0 18.0 24.0 18.0 24.0 18.0 L0T LINE L0T LINE L0T LINE 10' BITUMINOUS TRAIL 10' BITUMINOUS TRAIL 10' BITUMINOUS TRAIL 10' BITUMINOUS TRAIL PARKING STALLS=238 10% OFFICE=60 STALLS 90% WAREHOUSE=72 STALLS 20% OFFICE=120 STALLS 80% WAREHOUSE=64 STALLS (ENOUGH STALLS FOR 20 80) PARKING STALLS=161 10% OFFICE=39 STALLS 90% WAREHOUSE=47 STALLS 20% OFFICE=78 STALLS 80% WAREHOUSE=42 STALLS (ENOUGH STALLS FOR 20 80) PARKING STALLS=125 10% OFFICE=49 STALLS 90% WAREHOUSE=59 STALLS 20% OFFICE=97 STALLS 80% WAREHOUSE=52 STALLS (NOT ENOUGH STALLS FOR 20 80) PARKING STALLS=236 10% OFFICE=85 STALLS 90% WAREHOUSE=102 STALLS 20% OFFICE=169 STALLS 80% WAREHOUSE=90 STALLS (NOT ENOUGH STALLS FOR 20 80) RETAINING WALL L0T LINE L0T LINE CONNECT TO EXISTING SANITARY CONNECT TO EXISTING WATERMAIN CONNECT TO EXISTING WATERMAIN RETAINING WALL 18.018.018.0 18.0 18.0 18.0 BUILDING E FFE=974.00 LOADING DOCK=970.00 SQUARE FOOTAGE=264,246 LOT SIZE=1,079,874 PARKING STALLS=341 PARKING STALLS=341 10% OFFICE=132 STALLS 90% WAREHOUSE=158 STALLS 20% OFFICE=264 STALLS 80% WAREHOUSE=141 STALLS (NOT ENOUGH STALLS FOR 20 80) 24.0 18.0 18.0 FUTURE STREET EXTENSION TEMPORARY CUL-DE-SAC LOADING DOCK ACCESS 300' SHORELAND OVERLAY LIMIT 300' SHORELAND OVERLAY LIMIT 300' SHORELAND OVERLAY LIMIT N SCALE IN FEET 0 100 200 LOUCKS W:\2021\21442\CADD DATA\CIVIL\_dwg Sheet Files\C2-1 SITE PLANPlotted: 02 /03 / 2022 3:51 PM7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL SUBMITTAL/REVISIONS PROFESSIONAL SIGNATURE QUALITY CONTROL CADD files prepared by the Consultant for this project are instruments of the Consultant professional services for use solely with respect to this project. These CADD files shall not be used on other projects, for additions to this project, or for completion of this project by others without written approval by the Consultant. With the Consultant's approval, others may be permitted to obtain copies of the CADD drawing files for information and reference only. All intentional or unintentional revisions, additions, or deletions to these CADD files shall be made at the full risk of that party making such revisions, additions or deletions and that party shall hold harmless and indemnify the Consultant from any & all responsibilities, claims, and liabilities. CADD QUALIFICATION LARKIN ROAD FEASIBILITY CORCORAN, MN LEE & ASSOCIATES 5353 GAMBLE DRIVE, SUITE 106 MINNEAPOLIS, MN 55416 UTILITY PLAN C4-1 23 CIVIL LEGEND Narrative for Corcoran Farm Business Park Concept Plan On behalf of our entity, JMMK, LLC, we are excited to propose our development plan for a new industrial park in the City of Corcoran. Our unofficial name for the project is Corcoran Farms Business Park. The park will be constructed on a vacant farm field that has been recently zoned and guided for industrial per the updated comprehensive plan. We strongly agree that the location and accessibility of the land makes it a valuable location for an industrial park and economic growth. The proposed park consists of 5 buildings of various sizes to accommodate the widest range of potential users. The design of the park took careful consideration of the natural features including, wetlands, creek and rolling topography. In addition to the natural conditions, we needed to design around the physical location of a high-pressured gas line plus providing future infrastructure for the site and surrounding area including sewer, water and a regional trail. To ensure that we are proposing a valid and well-planned development we have proceeded with a boundary and topographical survey, certified wetland delineation/report and soil borings. We have contracted with Loucks, a civil engineering/ Survey firm and Ed Farr Architects to help develop the park in relationship to the natural and physical parameters. In addition, we have met with city staff on three occasions to coordinate our efforts with the city expectations. Based on our findings we have designed the park in a manner that accommodates the parameters that were established. We abided by the shoreland rules that protects the creek along the eastern side of the site. The creek is buffered from the industrial buildings by setbacks and stormwater ponds. The creek is further enhanced by the placement of the regional trail adjacent it, providing a natural pedestrian access north/south through the business park. The wetland areas are primarily to the north and west sides of the site. The business park design avoided and minimized wetland impacts by keeping the buildings away from them and separating the buildings from the wetland with a road and other buffers. The business park incorporates a road that enters the park from Larkin Road, across from Blue Bonnet Drive. Turn lanes will be provided at the site entrance. The road extends approximately halfway through the site serving all five of the proposed buildings. The north building will have a separate private drive from County Road 10/50. The plan provides for an emergency vehicle drive connection between the north and southern accesses to ensure public safety. We understand that the city may eventually desire a north/south public road connection in this area, but realizes the connection may be better suited further west on County Road 10/50. With this in mind, the plan provides the space for a potential public road that could connect to a future development northwest of this site. This site is constrained by the existence of high-pressure natural gas pipeline running east/west across the southern part of the site approximately 369 feet from Larkin Road. In talking with the owner of the gas line, Northern Natural Gas, we learned that they do not support relocating the line and any request to move it will be cost prohibitive. The gas main runs parallel to Larkin Road location which severely restricts the widths of the two buildings that are next to Larkin Road. Fronting the buildings along Larkin Road with the loading docks located on the north side of the building places the gas line easement just off the back loading area of the southerly buildings. Northern Natural Gas has informed us that we are extremely limited on changing the existing ground elevation within the 50 foot gas easement. In order to construct the loading docks parallel to the gas main, we will need to build retaining walls to support the adjacent loading area and parking lots. The distance from the pipeline retaining walls to the Larkin Road Right-Of-Way (ROW) creates a development depth of 319 feet using the city typical 50-foot front parking setback. The 50 foot front parking setback results in a building width that cannot support an industry standard building with loading docks and required employee parking. For us to meet the desired standards with front parking and rear loading docks requires a development depth of 349 feet in order for there to be ample loading dock truck circulation. For an industry standard building width to fit in the development area between Larkin Road and the gas pipeline we are needing a deviation from the front parking setback from 50 feet to 20 feet. The building will meet with the 50-foot setback. We understand the city’s desire to have 50-foot setbacks to preserve an rural character and open space along the public roads. In this spirit, we are open to providing berming & landscaping and/or fencing enhancement along Larkin Road to improve the public view. We are aware that the construction of 30-34’ high industrial buildings that are 752 feet & 485 feet long will not provide an agricultural view that exists today. In our initial design, we are determining that a 20-foot front parking setback for the two central buildings would be incorporated into the plan. The setback reduction will only be along the internal sides of the buildings and away from any public view from Larkin Road and County Road 10/50 plus the neighboring properties We plan on a phased approach for the development of the site. Phasing the site will help to diffuse and carry a reasonable amount of site improvement costs, we plan to build Building B (southeast lot) first with enough new public roadway to service this building initially. In addition, we would extend the existing sewer and water line to the south of the site as needed. We propose to commit to constructing Building B as soon as possible while marketing the Building A site as a build to suit for a light industrial company. As we continue to look at creating a high-value development site we are hoping to provide separate employee and customer driveway access from Larkin Road to Building A and B depending on spacing requirements. We will ensure all necessary development activity will occur to construct either one or both of the buildings. We do not have any signed leases at this time to provide defined uses. Our assumptions in developing a performa was based on a 20/80 development mix. We are not marketing heavy water users and do not anticipate that type of use, but will be open to incorporate a heavier water user subject to the infrastructure design. Memo To: Kevin Mattson, City of Corcoran From: Kent Torve, City Engineer Steve Hegland, PE Project: Corcoran Farms Business Park Concept Plan Review Date: 2/16/22 Exhibits: This Memorandum is based on a review of the following documents: 1. Site Plan and Utility Plan submitted by Loucks dated January 24, 2022 Comments: General: 1. In addition to engineering related comments per these plans, the proposed plans are subject to addition planning, zoning, land-use, and other applicable codes of the City of Corcoran. 2. The proposed project will trigger both the City of Corcoran and the Elm Creek Watershed requirements for a stormwater management system. Final approval by the Elm Creek Watershed Management Commission must be attained before any site grading or activity may commence. 3. For any site activity (demo, grading, utilities, etc.) no closures or restrictions of any kind shall be imposed upon the public roadways without the City’s permission. 4. An encroachment agreement shall be required for all site improvements or items placed within the City ROW or easements. Plat: 1. The applicant shall have all drainage and utility easements provided and shown and all platting requirements met per the City Code. 2. Easements shall be provided over all utilities for the site including but not limited to sanitary sewer, watermain and storm sewer. The easements shall be sufficiently wide to allow for access for all maintenance and replacement activities. This may result in ROW or sideyard easements being larger than the minimum to ensure utilities can be accessed. 3. The central drive through the site shall be a 80’ ROW with a 36’ roadway. Additional ROW or easements may be necessary based on utility layout. Transportation/site plans 1. A feasibility study is being performed in conjunction with an EAW for this project site. It is anticipated that offsite improvements will be necessary to mitigate transportation impacts. Through City of Corcoran practice, an escrow for these projects is established with the development contract and the City will design and construct these projects which are funded by the developer. February 15, 2022 Corcoran Farms Kevin Mattson Page 2 of 3 2. Offsite improvements required of the development being reviewed with the EAW could include turn lanes into the development and intersection improvements along Larkin Road if mitigation of those impacts is necessary. 3. All parking and drive areas shall have concrete curbing and a paved surface. 4. The site plan shows a main access road which terminates along the Northwest corner of the development with the intent that it will be extended north in the future. This access would ultimately align with the main access road to and through the City Park which is the preferred long term alignment. 5. The main roadway through the site should be further reviewed to determine if the extension to the property line will be necessary at this time. We understand the applicant stopped short of the existing wetland and buffer, however there appears to be high ground along the other side of the roadway which would likely require the roadway to be extended to the property line with this development. 6. The landing point of the ROW extension should be ghost platted to ensure it works with parcels to the north. 7. A secondary entrance is shown to the north of the site onto County Road 50. Using a secondary access through one of the business sites is not preferred and a dedicated second entrance is preferred. If the second entrance is needed for emergency access, we would recommend it be barricaded to be used only for that use. 8. The city should consider whether a secondary emergency access to the NE is preferred through the parcels the city owns. This however would require property acquisition through adjacent parcels and may not be preferred at this time. 9. An access easement will be required over this secondary access including as it loops through the Building E site. 10. The timing of the secondary access should be reviewed and approved by Public Safety. The Project narrative describes a building sequence from south to north so the secondary access is likely not proposed until a later phase of the project. 11. Street lighting locations shall be reviewed by public safety and final lighting locations shall be determined at the time of final plat. 12. In addition to the gas easement, an Electric Transmission Line Easement is shown along the southern portion of the site. The applicant shall ensure that the easement does not restrict any of the proposed development and a copy of the easement shall be provided to the city. 13. Regional trail and connections shall meet planning requirements. 14. Employee entrance drives off of Larkin Road should be removed. Access should be provided from newly constructed roadway. 15. Curb cuts to the loading docks shall meet city standards. Grading/Erosion Control/Stormwater 1. A stormwater management plan shall be provided to confirm that stormwater management is in accordance with City of Corcoran and Elm Creek Watershed Management Commission Standards. 2. Reference the City of Corcoran Stormwater Guidelines for Development Review for standards for stormwater systems and modeling. 3. Provide P8 or a similar calculation to demonstrate that the site meets the total phosphorous and total suspended solids reduction standards for all treatment practices. 4. The wetland buffer zones and wetland buffer signage shall also be clearly identified and labeled. February 15, 2022 Corcoran Farms Kevin Mattson Page 3 of 3 5. All pedestrian ramps shall be ADA compliant and detailed designs shall be provided for all landings showing elevations in compliance with those requirements. 6. Easements shall be provided over all storm sewer pipes. Easements shall be shown on the utility plan to ensure they are adequate. 7. Sumps will be required in all storm structures with drops in of 18” or greater as well as the last accessible structures prior to stormwater basins. 8. Rational calculations shall be provided to confirm all pipe sizes and inlet capacity at the time of final plat. 9. Label clearly on plans EOF’s for all areas where water will be collected including all low areas in roadways and greenspaces. 10. All drainage swales shall maintain a minimum of 2% slope and all slope should be 4:1 or flatter unless approved by the city engineer. 11. All walls higher than 4’ shall be designed by a certified engineer and the design and certification of those walls shall be provided to the city. 12. Preparation of and compliance with a SWPPP shall be required for construction. 13. The proposed project is within the shoreland overlay district. In addition to meeting the overlay district design standards, the applicant shall keep this in mind when designing the stormwater management for the site, including site BMP’s. Stormwater for the site shall be managed during construction and post buildout to reduce impacts on adjacent natural features. Watermain/Sanitary Sewer 1. Gas, electric, and other private and public utilities are located adjacent and/or on the property. Preservation of existing easements and coordination with all public and private utilities must be conducted prior to commencing any grading or construction. 2. Plan and profiles for all utilities shall be provided at the time of final plat submittals. 3. The watermain shall be extended to the southern parcel boundary along with the trunk sanitary sewer that is shown. The applicant shall be responsible for extending the 18” trunk sanitary main to the southern lot boundary. 4. An 8” sanitary sewer lateral shall be proved to the developments SE corner as shown in the City comprehensive plan and a 12” sewer stub shall be provided to the western boundary in accordance the comprehensive plan. Additional 8” lateral sewer stubs may be required to the west to ensure parcels to the west can be serviced with sewer. 5. The water pressure shall be reviewed with the feasibility study to determine if the water loop shown is sufficient or if a larger loop is necessary down Larkin Road from County Road 116. 6. Valve locations to be reviewed at time of final plat. Generally valves shall be located at all intersection as one less valve than the number of legs. Valves should typically be located out from the end radius points unless specific circumstances don’t allow. 7. Hydrant spacing to be reviewed by public safety at time of final plat. 8. Multiple connections to offsite utilities are shown on the plans. Applicant shall be responsible for ensuring that all easements are in place for these utilities. 9. This project is within the SE Water Study area and a well site within the development may be required. Adequate well sites will be reviewed with subsequent submittals to determine if a viable location exists. End of Comments Page 1 of 1 CITY OF CORCORAN 8200 County Road 116, Corcoran, MN 55340 763.420.2288 E-mail - general@ci.corcoran.mn.us / Web Site – www.corcoranmn.gov Memo To: Planning (Planners Lindahl and Davis) From: Lieutenant Burns Date: February 4, 2022 Re: City File 22-006 Corcoran Farms Business Park A Public Safety plan review meeting was held on February 2, 2022. In attendance were: Lieutenant Ryan Burns, Planner Davis McKeown, Fire Chief Feist, Fire Chief Malewicki, Building Official Geske, and Construction Services Specialist Pritchard. The comments below are based on the concept plans received by the City on January 24, 2022 and are intended as initial feedback as further plan review will need to be completed as construction plans are available. 1. The site may need to be adjusted for fire lane widths. 2. Fire hydrant locations need to be approved by the Fire Chief. 3. Fire access will need to be provided on the northern portion of the site, and the access must be clearly identified as a fire lane with parking prohibited on both sides. City of GreenfieldCityofMapleGroveCity of Medina City of Rogers Bechtold RdPio n e e r T r l TrailHavenRdCounty Road 116County Road 30 Schutte Rd Oakdale Dr County Ro a d 1 0 Horseshoe Trl Co u n t y R o a d 5 0 Larsen Rd Willow DrHunterRdCounty Road 19Homestead Trl Cain RdRolling Hills RdCountry Rd Mohawk DrLarkin RdFoxline DrStrehler Rd Dassel Ln OldSettlersR d Stie g R d Kalk RdMeister Rd Maple Hill Rd93rd Ave N Tessmer Rd Blue Bonnet DrJubertLn456710 456750 456719 456730 4567116 4567101 4567117 Brockton Ln N109th Ave N 4567101 ")55 Hackamore Rd Morin Lake Scott Lake Jubert Lake Goose Lake Cook Lake R u s h C reekRushCreek South F o r k R u sh Creek SouthForkR u sh C r eek2040 COMPREHENSIVE PLAN 3,000 0 3,0001,500 Feet ± Path: L:\2294\100\2040CompPlan\Natural Resource Inventory Areas.mxd Date: 1/7/2019 Time: 1:10:39 PM User: ShuJC0243 ^_Natural Community !(Rare Species OccurenceHigh Quality Natural Community Natural Plant Communities WetlandsWet PrairieEmergentShrubFloodplain ForestOpen WaterFlood Plain (Reed Canary Dominant) UplandsSavanna/PastureMaple/BasswoodOak ForestDisturbed WoodlandOld FieldMunicipal BoundaryParcel BoundariesStreamsLake/Open Water Map 1-7Natural Resource Inventory Areas Note: Due to limitations of map scale, distribution and proportion of NaturalCommunity types within each colored area are approximate.Source:Natural Plant Communities, Rare Species Occurence (Natural Resource Inventory andManagement Plan, Nov. 2001, Bonestroo Rosene Anderlik & Associates) 27 City of GreenfieldCityofMapleGroveCity of Medina City of Rogers %Trailhead Morin Lake Scott Lake Jubert Lake Cook Lake 456710 456750 456719 456730 County Road 116Oakdale Dr B r i d l e Pa t hJeffreyLnAbileneLnTrail LnHunters Rdg County Road 30HeatherLn Pio n e e r T r l TrailHavenRdCounty Ro a d 1 0 Horseshoe Trl Robert LnHor s eshoeBendD r Co u n t y R o a d 5 0 Larsen Rd Gleason P k w yWillow DrHunterRdCounty Road 19ES t Homestead Trl Maple Hill RdCain RdRolling Hills RdSundanceRdCountry Rd Mohawk DrElm StLarkin RdFoxline DrStrehler Rd Cain Pl 6 5 t h Pl N Dassel Ln OldSettlersR d County R oad 1 1 7 Stie g R d Bechtold RdKalk RdSchutte Rd Meister RdFoxValleyDr M y s t iq u e DrHageDr 93rd Ave N Sc hut t e P lBrandywineRdChisholmT r lTessmer Rd HighBluffLnWinchesterTrl JubertLnR u shC reekRushCreek CountyDitchN u m b e rS ixteenCo u n t y Ditch N u mberThreeSouthFor k R u s h C r e e k NP NP NP NP NP NP NP ASA ASA ASA ASA OSP OSP OSP OSP OSP OSP OSP OSP OSP OSP OSP 2040 COMPREHENSIVE PLAN 3,000 0 3,0001,500 Feet ± Path: L:\2294\100\2040CompPlan\Parks and Trails Map.mxd Date: 1/15/2019 Time: 1:22:31 PM User: ShuJC0243 Map 5-1Parks and Trails Plan Existing Parks and TrailsRegional TrailExisting On Road TrailCity ParkTrailheadPrivate Park/Open Space Proposed Parks and TrailsProposed On Road TrailProposed Off Road TrailProposed Off Road Trail outside 2040 Development AreaNeighborhood ParkCommunity ParkGreenway CorridorMunicipal Boundaries2040 MUSAFuture MUSA Expansion AreaParcel BoundariesStreamsLake/Open WaterWetlands NP 79 Appendix B Corcoran Southeast District Plan and Design Guidelines Adopted April 25, 2019 | 3 Southeast District Overview | 5 Purpose Application Southeast District Vision Sites and Structures Southeast District Principles | 7 Landscaping and Screening Signage and Gateways Parks, Trails and Public Space Healthy Communities | 25 Town Center | 27 Overview Buildings - Placement, Massing and Height Screening and Loading Facades Streets Parking and Access Landscaping and Screening Community Center Test Table of Contents Downtown Core | 39 Overview Vision Site Development Buildings - Placement, Massing and Height Streetscape Parking Public Art Signage Plazas Implementation | 45 Southeast District Boundary Town Center Downtown Core Existing Downtown Floodplain Watercourse Maple/Basswood Disturbed Woodland Savanna/Pasture Wet Prairie Emergent Shrub Floodplain Forest NP / Neighborhood Park OSP / Nature Park ASA / Athletic Search Area Golf Course On Road Trail Off Road Trail Potential Water Tower Open Water Potential Natural Gas Pipeline Easement Trail City of Corcoran Proposed Trails Parks Utilities Wetland Communities Upland Plant Communities Important Features LEGEND District Boundaries * Southeast District Analysis Map. The 2040 Comprehensive Plan includes planned future infrastructure improvements in the district including rerouting County Road 10 to provide safer access points and improving County Road 10 intersections. The existing trail system will be supplemented by a network of on- and off-road trails. Natural assets including wetlands, creeks and uplands, woodlands and savannah provide a framework and inspiration for development aesthetics. A new water tower is planned within the district. The general location is shown on the map, but the final location will be determined as development occurs. Municipal sanitary sewer and water are also in place to serve the future Town Center. 01 Overview | 5 In 2015, the City of Corcoran, in partnership with Hennepin County, began work to update the existing design guidelines and master plan for the Southeast District. The Corcoran Southeast District Plan and Design Guidelines were modified to reflect the 2030 Future Land Use Plan and other changes needed to implement the City’s Vision. This update was developed to reflect the 2040 Comprehensive Plan, which no longer includes the realignment of County Roads 10 and 50, but does continue to show a partial realignment of County Road 10 onto Meister Road at a future date. The Southeast District is the historic heart of the City. The intersection of County Road 10 and County Road 116 is a historic crossroads and this area is home to the existing city hall, St. Thomas Catholic Church and the existing business park. The Southeast District is also beginning to see the residential development that has long been anticipated with the development of Lennar’s “Ravinia” neighborhood and M/I Homes “Bass Lake Crossing” and “Bass Lake Crossing South.” The Town Center (including the Downtown Core) within the Southeast District is a mixed-use district combining retail, office and service commercial with a mix of low, medium and higher density residential. The planned development is balanced by extensive open space and natural resources, including two golf courses (Rush Creek & Shamrock), Lions Park, Corcoran Community Park, the City Hall park and the Rush Creek corridor. Purpose The primary purpose of Corcoran Southeast District Plan and Design Guidelines is to set basic parameters, describe preferences and illustrate design intent. These guidelines serve as principles within which creative design can and should occur – there is no one solution, but many options that meet the basic requirements of this document. Application The format and content are specifically tailored for use as a supplement to the Zoning Ordinance. This master plan provides illustrative guidance for building locations and orientation. Any changes to this approved master plan must be reviewed and approved by the City Council as part of the development application. Southeast District Vision Create a complete transportation network that balances pedestrian, bicycle and vehicular use with mix of residential housing types, retail and an expanded employment base, while maintaining access to the natural resources that define Corcoran’s quality of life. Southeast District Overview Southeast District Objectives 1. The Southeast District has key transportation corridors within the City of Corcoran which provide vehicle, bicycle and pedestrian connections to adjacent communities. 2. The Southeast District is home to Corcoran Community Park. 3. The Southeast District includes a variety of businesses that provide retail and services that support the daily needs of residents. 4. The Southeast District includes a Town Center with retail, office, housing, public spaces, and employment opportunities. 5. The Southeast District provides life- cycle housing opportunities that are within walking and biking distance of Downtown. 6. The Southeast District provides a concentration of urban housing options, so that the majority of the City can remain rural. 6 | District Principles Southeast District Concept Plan. The Southeast District is the spatial framework for these design standards. The Town Center and Downtown Core are nested within the district each with additional guidance to create the neighborhoods and places envisioned by the community. Commercial Mixed Use High Density Residential Medium Density Residential Low Density Residential Public / Semi-Public Mixed Residential Parks / Open Space Agricultural Preserve Industrial Not to Scale Southeast District Boundary Town Center Downtown Core Land Use Classification Retail Residential Public Agriculture Industrial LEGEND District Boundaries District Principles | 7 02 Southeast District Principles Sites and Structures The Southeast District should continue to provide a mix of residential, commercial, office and industrial uses as described in the Comprehensive Plan and Zoning Ordinance. The Design Guidelines for the district shall be the same as those described in the Zoning Ordinance for the zoning district in which the development is located and these Design Standards will provide an additional layer of standards. New residential development should provide for the full range of life cycle housing, offering choices of housing types at low, medium and higher densities. Within the Southeast District, the combination of site and building design should provide a visual cue that this is a unique place. For single family, twin and townhome structures, architecture styles including: Agrarian Contemporary, Farmhouse, and Arts & Crafts - Prairie are encouraged, as is the use of regional building materials and native plants. Development in this district should be thoughtfully designed to reflect Corcoran’s rural character. 8 | District Principles Agrarian Contemporary Agrarian Contemporary style homes rely on simple forms with strong roof lines and inviting front porches. This style is a clean, crisp, more contemporary version of the Agrarian Rural style. Typical style elements include: • Form and Roof • Simple roof design, front to back gable or side to side • 5:12 to 12:12 roof pitches • Overhang eaves • Walls and Windows: • Horizontal or board and batten siding, stucco or a combination • Symmetrical placement and distinct fenestration rhythms • Square, circular or 2:1 proportioned vertical rectangular windows with grid patterns • Details • Porches with simple columns, trim and railings • Minimal door and window trim detailing • Dormers, cupolas, shutters, exposed rafter tails District Principles | 9 Farmhouse Farmhouse style is comfortable and practical. It is a hybrid of elements brought together by regional craftsmen and traditions of the early 20th century. Typical style elements include: • Form and Roof • Two story • Asymmetrical, angular design with tall proportions. • Gable roof • 8:12 or greater roof pitch • Overhang eaves • Wood or asphalt shingled roof • Walls and Windows: • Wood cladding with horizontal, diagonal or vertical layout • Tall rectangular windows with large panes • Details • Decorative braces and brackets • Plain trim boards and soffits • Corbels and gable trusses • Wrap porches • Geometric patterns • Embellished porch railings 10 | District Principles Arts & Crafts - Prairie Prairie Style is truly American, derived by Frank Lloyd Wright and Louis Sullivan. Typical style elements include: • Form and Roof • Low pitched roof with wide overhanging eaves • Massive square porch supports • Two stories with one story porches or wings • Gable roof edges flattened • 3-1/2:12 or greater roof pitch • Hipped roof • Walls and Windows: • Horizontal windows, sometimes wrapping around corners • Tall casement windows • Geometric patterns of small-pane windows • Details • Detail emphasizing horizontal lines • Contrasting wood trim • Horizontal patterns in wall materials • Window boxes • Ornamentation at the door or cornice line • Flattened pedestal urns District Principles | 11 Street Hierarchy One significant development consideration in this district is increasing the intensity of use without overloading the existing transportation network. Current plans will create safer, better managed traffic flow and correct several difficult intersections. County Road 116 will continue to be the central route through the Southeast District, but improvements are planned for where County Road 116 passes through the Town Center. As improvements are made to this road, emphasis should be placed on creating a pedestrian-friendly environment. Enhancements to traffic controls, pedestrian connections, lighting, gateway elements and landscaping at key intersections will serve that purpose. The County Road 116 corridor should be designed with green boulevards on both sides, with particular attention given to the east side of the road where a linear park with off-road trail is planned. Where County Road 116 passes through the Town Center, this road should shift to the east to allow for a center landscaped boulevard and other enhancements that will express a sense of Town Center identity. The intersections of County Road 116 and Larkin Road and County Road 116 and City Hall Drive (proposed new road just south of City Hall) mark the entry points into this area, and the start of the proposed boulevard. The design of these intersections should balance the needs of traffic and pedestrians. The City will continue to work with Hennepin County to ensure future improvements are consistent with City’s vision as well as the County policy related to Complete Streets. As part of this vision, the City will look for opportunities to provide grade-separated pedestrian crossings in addition to the at-grade crossings. The existing road network should be maintained as a continuous network, with new connections where needed. Cul-de-sacs are strongly discouraged in the Town Center. Cul-de-sacs should be avoided throughout the Southeast District in favor of connecting streets that will facilitate resilient multi-modal routes within the district. The Southeast District has six main types of streets which are described and illustrated on the following pages. Each serves a specific function toward the creation of a well connected and economically viable Southeast District. Street Connectivity. A connected network of streets provides system resiliency and greater capacity with the same lane miles. Top: Connected Network is preferred. Bottom: Sparse Hierarchy with cul-de-sacs is not desirable. X 12 | District Principles Street typology in this appendix does not take the place of the standards found in the Corcoran Comprehensive Plan and Subdivision Ordinance, but is intended to supplement that information with a more detailed description of the street design in this district. These standards will be applied for development in the Town Center, but the City may require developments in other areas of the Southeast District to follow the standards in the Engineering Design Standards. The developer shall be responsible for construction of all streetscape improvements along adjacent streets. These improvements include all hardscape, landscape and site amenities, such as trails, sidewalks, benches, bike racks, street trees and plantings. Frontage (space between the back of curb and the right-of-way line) can be divided into two zones: the throughway and pedestrian buffer. Throughway is foremost the accessible route for pedestrians. Once the needs for ADA accessibility are met, the remaining width is based on the needs of the frontage. An urban frontage with shopping and many pedestrians requires a wider throughway to allow for window shopping, couples walking side-by- side, strollers and the like. Pedestrian Buffer is the space between the throughway and the back of curb. It will also vary in width depending on the needs of the adjacent land uses. In active urban areas, the pedestrian buffer includes patio tables, pedestrian lighting, street trees, planters and all the amenities that support the streetscape character. In single family residential neighborhoods, the pedestrian buffer is generally tree lined with turf or plantings tended by residents. Frontage Prototype. The frontage is a subset of each street section. In high traffic areas, like Main Street, the frontage is wide, fully paved and programmed to support the wide range of retail, service and residential activities occurring on adjacent properties. throughway frontagestreet parking lane pedestrian buffer building type & setback varies by zoning district right-of-way right-of-way throughway frontagestreet pedestrian buffer building type & setback varies by zoning district In low density residential areas, the frontage is narrow and supports the needs of a quiet neighborhood. A sidewalk and turf boulevard with regularly spaced overstory and tall ornamental trees is sufficient. District Principles | 13 Type ROW Width County Road 120 feet Parkway Street 72 feet Main Street (Downtown Core)70 feet Connector Street 60 feet Local Street 50 feet Southeast District Street Types Map. Not To Scale County Road, Mid-Block (top), Corner/ Intersection (bottom). The County Road street type has a 120-foot wide standard right-of-way. County Engineering standards apply and through current traffic and future demand analysis, the roadway section may include turn lanes, two-lane or four lane sections and required clear zones for safety. On CR 116 within the Town Center, gateway intersections and planted medians reinforce the road’s role to support the Downtown Core. At gateway corners along CR 116, pedestrian amenities should reinforce the gateway character and include high visibility safety features including crosswalks with crossing countdowns lights, center refuge medians, wide pedestrian level pavements and enhanced lighting. On road bike lanes exist on CR 116 today and fit within the future section. Not all county roads are planned to include on-road bike lanes Enhanced Pedestrian Node. (Right) Major crossings of County Roads should have enhanced pedestrian nodes including extra wide concrete landings upon which to wait safely, detectable warnings, and clear crosswalk markings. This example connects a City sidewalk to a Three Rivers Park System trail and so is further enhanced with benches, litter receptacles, wayfinding, decorative fencing, and stone pedestals for future art installation. 70’ Linear ParkEAST WEST EAST WEST64’ Linear Park 120’ Right of Way 120’ Right of Way 48’ Planting Strip 5’ Bike 5’ Bike 5’ Bike 5’ Bike11’ Drive Lane 12’ Drive Lane20’ Planting Strip 24’ Planting Strip10’ Multi-Use Trail Enhanced Pedestrian Node at Crossing Enhanced Pedestrian Node at Crossing12’ Drive Lane 12’ Drive Lane 32’ Planting Strip12’ Drive Lane 9’ Planting Strip10’ Multi-Use Trail 10’ Planting Strip District Principles | 15 8-feet 16-feet wide parking lane 8-feet zero setback Parkway Street. This tree lined street has a 72-foot wide right-of-way and a center median with trees. The median may have turf or perennials and shrubs depending on the surrounding context. Parkways at the entrance to a neighborhood or district are logical places for upgrading the median plantings to perennials and shrubs with trees. In special cases, the median may be depressed and function as a stormwater amenity. In this case, upgraded plantings are advised. The City Engineer may reduce or eliminate on-street parking for this street type outside the Town Center depending on the surrounding context. 6’ Sidewalk 6’ Sidewalk 6’ Planting Strip 6’ Planting Strip 8’ Parking Lane 8’ Parking Lane 11’ Drive Lane 10’ Planting Strip 11’ Drive Lane Main Street is characterized by a 70-foot right-of-way width. Buildings should have a zero setback. The pedestrian realm is an urban streetscape with space for window shopping, furnishings, pedestrian level lighting, overstory trees and planters. 16’ Pedestrian Realm 16’ Pedestrian Realm8’ Parking Lane 8’ Parking Lane Parking Lane Zero Setback8 Ft 8 Ft 11’ Drive Lane 11’ Drive Lane Main Street Pedestrian Realm. The pedestrian realm on Main Street is 16- feet wide from back of curb to building face. Amenities supportive of the building uses are encouraged including: patio seating, benches, bicycle racks, litter receptacles, and planter pots with seasonal displays. Infrastructure like pedestrian level lighting, street trees in landscaped boulevards are also appropriate. 16 | District Principles Connector Street. The Connector Street has a 60-foot right-of-way and prioritizes movement across the community. Setbacks vary by district, but the frontage is consistently a sidewalk in the throughway and a turf boulevard with regularly spaced overstory and tall ornamental trees. Local Street. The Local Street has a 50-foot right-of-way with parking on one side and serves the movement needs of neighborhood residents. Setbacks vary by district, but the frontage is consistently a sidewalk in the throughway and a turf boulevard with regularly spaced overstory and tall ornamental trees. The drive lane near the curb is slightly wider to accommodate vehicular buffer space. 5’ Sidewalk 5’ Sidewalk 5’ Sidewalk 5’ Sidewalk 6’ 6’ 6’ 6’ 8’ Parking Lane 8’ Parking Lane 7’ Parking Lane 11’ Drive Lane 11’ Drive Lane 11’ Drive Lane 10’ Drive Lane District Principles | 17 This page left intentionally blank 18 | District Principles Landscaping and Screening Site design and landscaping should be designed to work with the existing topography of the area, preserving the rolling hills, Rush Creek natural resources corridor, woods and wetlands, and natural viewsheds and corridors. Landscape screens with berms, hedgerows, and a variety of deciduous and coniferous native trees and shrubs should be incorporated to minimize undesirable views from the public realm. Signage and Gateways Signage should be designed as an integral part of the building and site design and shall comply with the requirements of Chapter 84 of the City Code. The City will work with developers to: • Include gateway signage at key intersections along County Road 116 and the Town Center. • Incorporate landscaping, lighting and hardscape to anchor the gateway’s visual presence.Gateways. City Center Drive, Main Street and Larkin Road, primary and secondary entrances to the Town Center, should have gateway amenities. landscaping, monument signage and lighting. Main Street Parkway South Parkway North District Principles | 19 Stormwater Management Water features and drainage systems are essential components of development in the Southeast District. A mix of ponds, fountains and other water elements provide focal amenities and year round activities within the framework of an environmentally responsible, visually pleasing strategy to manage stormwater. A series of regional stormwater ponds is envisioned, but each site has a responsibility to utilize best management practices (BMP) to pretreat run-off, reduce erosion and encourage infiltration in compliance with City and Elm Creek Watershed Management Commission standards. Water and landscape should be utilized within multipurpose areas that accommodate both active and passive recreational use – the following examples illustrate only a few of many possibilities: 1. Pervious pavements, underground storage and other creative techniques should be used to BMP standards, particularly in the Town Center where more density is expected. 2. Green architecture, expressed through green roofs, gray water recycling and other techniques should be included to reduce the impact of new development on stormwater systems 3. Water feature design should include both formal elements (such as reflecting pools or fountains) and natural/informal forms (such as ponds or fountains) and should explore creative ways to integrate wet landscapes with active, urban spaces. Stormwater Management. Stormwater management infrastructure can take a variety of forms. Master planning regional stormwater is the most efficient use of land. Other options include a hard working below ground system that is topped by a parking lot, streetscape or even a planted swale. These examples of stormwater infrastructure are from various locations around the Twin Cities metro area (top left to bottom right) planted swale within a parking lot, infiltration system under a parking lot, structural cell streetscape system, infiltration trench within a county road median. 20 | District Principles Southeast District Parks Within the Town Center, the linear park along County Road 116, the Town Square, and two small neighborhood playgrounds serve residents and visitors. A. Linear Park B. Town Square C. Neighborhood Park D. Neighborhood Park E. Corcoran Community Park F. City Park near City Hall G. Wildflower Park Existing Parks Proposed Parks A C E G B F D District Principles | 21 Parks, Trails and Public Space The linear park (A) should continue north and south through the town center on the East side of County Road 116, with trail connections to new civic and community spaces and uses. Safe, convenient pedestrian crossings are a priority within the entire Southeast District. New public spaces, parks, and common greens or open space should be linked to other community parks and open space with trail connections to the existing and proposed City parks and trail system. The only active park currently in the Southeast District is Corcoran Community Park (E). The park will likely change over time as the former Rockford school property is developed and road connections in this area are modified, but this will continue to be an important park in the City system and priority should be given to ensuring strong bike and pedestrian connections to this park and other planned parks in the district. A second City park is being developed on the City Hall property (F) and could be expanded to take advantage of the woodland area on the east side of the City Hall property. A new Town Square (B) is planned in the Downtown Core. The Town Square will serve as a social center for the community, suitable for concerts and celebrations, but also as a place to enjoy the scenes of downtown. Picnic tables for lunch, benches for people watching, the Town Square will be a public space to support a bustling downtown. Two small neighborhood parks (C & D) are also planned in and near the Town Center, one each to the north and south of the Downtown Core. These parks will include walking trails and playgrounds. The neighborhood park on the north is nestled in an existing woodland, and will provide interesting walking trails, connecting to City Hall, ample shade, and an opportunity for an exercise circuit (Par Course) for the adjacent senior housing development. The southern neighborhood park is perched on a terrace above the wetland and offers great views across the landscape. A playground and trails through the wetland prairie will offer birdwatching and contemplation. All three parks will be developed when the adjacent property is platted. Another park is proposed in the Southeast District near Blue Bonnet Drive and in the Northwest corner of the Ravinia development. Wildflower Park (G) was recently developed in the Ravinia development. Par Course Station Woodland Playground Wetland Overlook 22 | District Principles Public green space, within close proximity to homes and businesses, is a vital part of a healthy community. A Town Square is meant to serve as a community gathering place for celebrations throughout the seasons. This example from Burnsville is a modern destination surrounded by civic, retail and residential uses. Temporary winter uses like a small ice rink could double the value of a bandshell or picnic pavilion when considered as a warming house in the cold season. Olympic Plaza in Whistler below creates an irregular shaped rink for casual and family use. District Principles | 23 This page left intentionally blank 24 | Healthy Communities Walkable Destinations Map. A five or ten minute walk, 1/4 or 1/2 mile radius, is one common way to consider walkability. Within the Southeast District, there are intended to be a high number of parks, retail uses and residential units within that walkable range. Existing Parks Proposed Parks Not To Scale Healthy Communities | 25 03 Healthy Communities While developing these guidelines, the City of Corcoran was mindful of how community design impacts the health of the people who live, work, play, learn and worship in the city. Communities around the country are increasingly aware of the impact that land-use and transportation have on people’s ability to be active and access healthy food. We also know that a lack of physical activity, combined with diet, is one of the leading factors behind the increase in chronic diseases, such as heart disease and type II diabetes. Sidewalks, trails, bike lanes and parks all provide opportunities for people to be physically active, both recreationally and by incorporating activity into their daily routines. Mixed-use and higher density developments also encourage people to be active by making it easier to bike and walk to destinations rather than driving. When developing the plan and design guidelines for the Southeast District (including the Town Center and the Downtown Core), we looked at the following considerations: • An integrated transportation network: Streets connecting residential areas to the Downtown Core are safe, appealing and accessible to people walking and biking, as well as people driving motor vehicles. A combination of off-road and on-street bike and pedestrian facilities are included to give people safe and convenient options for active transportation. • Accessible destinations and inviting design: Housing, retail and other destinations are located in or near the downtown to invite walking by creating pleasant and safe routes. • Green space: A new Town Square and neighborhood park create additional opportunities for physical activity and promotes social connectedness. 26 | Town Center Mixed Use Town Homes Apartments Single Family Town Center Town Center Concept Plan Legend Downtown Core Gateway Nodes 79th Place 79th Place 79th AvenueTown Center Park South Park North Park Main Street Ma i n S t r e e t 76th Avenue Floodplain Wetlands Larkin Road City Center DriveCity Center DriveCounty Road 116Cou n t y Ro ad 1 0 Oak LaneMulberry LaneLarch LaneMaple Hill RoadGood Sheperd Church City Hall Not To Scale Town Center | 27 04 Town Center Overview The Town Center is the walkable traditional neighborhood supporting the Downtown Core. The Town Center is bound by City Hall on the north, County Road 10 on the south, County Road 116 on the west and Maple Hill Road on the east. The Town Center is intended to support the Downtown Core through walkable blocks, a variety of housing types and densities, and a unified public realm aesthetic. The Downtown Core is a subset of the Town Center and shall have additional design guidelines. All development within the Southeast District will be based on an integrated transportation network that connects residential neighborhoods with the existing business park on the west side of County Road 116 and the Downtown Core on the east side of County Road 116. A combination of off-road and on-street bike and pedestrian facilities are included to give residents and visitors safe and convenient options for active transportation as an option to driving. Special emphasis will be placed on providing accessible destinations and inviting design. Housing, retail and other destinations are located in or near the Downtown Core to invite walking by creating pleasant and safe routes within the Town Center. A Town Square, City Hall Park and two small Neighborhood Parks create additional opportunities for physical activity and social connectedness. Uses within the Town Center include: mixed use, public/semi-public, and mixed residential. The Town Center shall be developed in compliance with the standards in the Zoning Ordinance and these guidelines. The entire Town Center is guided Mixed Use in the 2040 Comprehensive Plan. This land use category would allow development in this area by Planned Unit Development (PUD). This district provides a variety of anticipated uses and the City developed the Town Center master plan as their preferred vision for the area; however, the City is willing to evaluate other uses provided that the spirit and intent of the Town Center master plan is preserved. Concept Areas Town Center 200 acres Downtown Core 40 acres Use Size (estimated) Mixed Use 440,000 sq. ft. Single Family Residential 150 units Townhomes 170 units Apartment/Condo 500 units Town Square Park 7 acres South Neighborhood Park 1.1 acres North Neighborhood Park 3.0 acres Linear Park 9.0 acres Town Center Development Potential: The concept developed for the new Town Center includes the following development potential: 28 | Town Center Buildings - Placement, Massing and Height The area and setback requirements shall be as noted in the Zoning Ordinance for the district in which the property is located, except that additional standards shall be required for the Downtown Core as noted elsewhere in this document. Placement of non-residential and multi-family residential structures should support a higher level of consideration as described in this section. Street Edge Requirement. A consistent street edge must be maintained at the right-of-way line along all street frontages. Street edge elements may consist of the primary building, low masonry walls, fences, landscaping or a combination of all of these elements. Zero Lot Line Buildings are encouraged within the Town Center and particularly in the Downtown Core. Building Frontage. At least 60% of the primary street linear frontage of each lot shall be occupied by a building at the required build-to line. Other portions of a building beyond the 60% may be set back farther than required by the build-to line. In addition, on corner lots, a minimum of the first 50 feet of the lot frontage on either side of a street intersection must be occupied by buildings set at the build to line. Parking or other space open to the sky is not allowed within this first 50 feet. The build-to line may be met either with an enclosed building or an arcade constructed with a permanent roof of the same materials as the remainder of the building. Height. Multi-story buildings (greater than two stories) built to the maximum heights permitted by zoning are encouraged. Stepping portions of upper stories back from the line of the front façade to provide areas for outdoor terraces and rooftop patios is encouraged. New single story commercial building types with flat roofs shall have a minimum cornice height of 20 feet to better define the street. Diagram of building frontage requirements for primary street and corner lot frontage. Reinforcement of the street edge with low walls and landscaping. Town Center | 29 Screening and Loading Ground Mounted Mechanical Equipment shall be fully screened and properly maintained with material similar to or compatible with material used on the main structure. Screened mechanical equipment shall not be located in the front side yard, but may be located at the side or rear yard. Trash and Recycling Storage areas shall be designed internal to the principal building and shall not be allowed in an external fenced structure. Trash and recycling storage area doors shall not be located on the primary front elevation of building, but may be located in the side or rear yard. Loading Areas and Docks shall be limited to the rear of the principal building and shall not be visible from the street. These areas shall be screened from adjacent residential areas by fencing, walls, or landscaping. Screening shall block views from public right-of-way or adjacent uses and shall be equally effective in winter and summer. Architectural screening and plantings minimize the visual impact of necessary but unappealing portions of this apartment building. 30 | Town Center Facades Facades for non-residential and multi-family residential structures should support a higher level of design as described in this section. Architectural Style shall not be restricted. However, Architectural Styles as described in Section Two are encouraged. Evaluation of a project shall be based on the quality of its design and on its relationship to its surroundings, guided by the provisions in these guidelines and the Zoning Ordinance. The architectural appearance, including building character, permanence, massing, composition, and scale of all principal buildings shall comply with the Master Plan. Franchise architecture (building design that is trademarked or identified with a particular chain or corporation and is generic in nature) is prohibited unless it employs a traditional storefront commercial style. Franchises or national chains shall follow these guidelines to create context-sensitive buildings that are sustainable in that they can be reused by other types of business. A - Entrances. The main entrance shall face the primary street with secondary entrances to the side or rear. In the case of a corner building or a building abutting more than one street, the City will determine which street should be considered primary. B - Appearance. All sides of buildings shall have an equal appearance in terms of materials and general design. C - Windows. At least 40% of the wall surface at the street side of the first story, non-residential, shall consist of clear windows and doors that allow a view into the working areas, lobbies or display areas. D - Roofs. Building facades that exceed 100 feet in length measured along the street frontage shall have variations in roofline or rooftop parapet. Rooftop equipment shall be concealed behind parapets or screened from the view of pedestrians. E - Elements. All buildings shall include the following elements: • Accent materials shall be wrapped around all walls; • Complementary major material colors. F - Articulation. Any exterior building wall adjacent to or visible from a public street, public open space, or abutting property may not exceed 40 feet in length without visual relief consisting of one or more of the following: • The facade shall be divided architecturally by means of significantly different materials or textures, or • Horizontal offsets of at least four feet in depth, or • Vertical offsets in the roofline of at least four feet, or • Fenestration at the first floor level which is recessed horizontally at least one foot into the facade. A/CCF D/F B/EA D/F Town Center | 31 G - Materials. Exterior building materials shall be classified either primary, secondary, or accent materials. Primary materials shall cover at least 60% of the facade of a building. Secondary materials may cover no more than 30% of the facade. Accent materials may include door and window frames, lintels, cornices, and other minor elements, and may cover no more than 10% of the facade. Allowable materials are as follows: • Primary exterior building materials may be brick, stone (natural or cultured) EIFS, stucco, architectural precast concrete or glass. Bronze tinted or mirror glass are prohibited as exterior materials. • Secondary exterior building materials may be any of the primary building materials above or decorative block, integrally colored stucco, or fiber cement siding (color impregnated or painted) in vertical panel design only with hidden seams. • Accent materials may be wood, metal or fiber cement when used in trim, fascia or soffit if appropriately integrated into the overall building design and not situated in areas which will be subject to physical or environmental damage. • All primary and secondary materials shall be integrally colored, except where otherwise stated. • Decorative block shall be colored only by means of a pigment integral to the block material, not applied to the surface. • Sheet metal, corrugated metal, iron, shakes, plain flat concrete block are not acceptable as exterior wall materials. 32 | Town Center Streets Walkability is a priority in the Town Center. All streets and crossings should be safe and accessible for pedestrians with enhancements to support low speed vehicular travel, on street parking, and adequate right-of-way for healthy tree canopy. Design components should include paving or striping of crosswalks, curb extensions, pedestrian level and roadway level lighting, tree lined boulevards. Bike lanes can be strategically incorporated on major east/west connectors via the, Bikeway Street type, to provide thoughtful bicycle routes between the County Road 116 linear park into the Town Center district neighborhoods and beyond. Sidewalks are required along all streets within the Town Center. The location and alignment of new sidewalks shall connect directly with adjacent existing networks. The width of the sidewalk shall be consistent with City policy and the design guidelines. Where the sidewalk along the public street is interrupted by a curb cut, the walkway across the driveway shall be delineated by elevated pavement or by use of contrasting pavement materials that meet ADA accessibility standards. Parking. On-street parking shall be incorporated with the street design within the Town Center. Parking zones shall be defined either by curbing or with a change in paving materials. Curb Cuts. The number and width of curb cuts shall be limited in conformance with City policy. Sites with multiple buildings shall have unified/joint access. Utility Installation. New utilities shall be placed underground. Compatible lines (e.g., electric, phone, cable) shall be placed in a common trench. Town Center | 33 Southeast District Street Types Type ROW Width County Road 120 feet Parkway Street 72 feet Main Street (Downtown Core)70 feet Connector Street 60 feet Local Street 50 feet 79th Place 79th Place 79th Avenue Main Street 76th Avenue Larkin Road City Center DriveCity Center DriveCounty Road 116Co u n t y R o a d 1 0 Main StreetOak LaneMulberry LaneLarch LaneMaple Hill RoadGood Sheperd Church City Hall 34 | Town Center Parking and Access No parking spaces shall be located on corner lots at the point of street intersections. In the Downtown Core, parking is desired to be located behind the buildings. Reductions. Per Section 1060.060 of the Zoning Ordinance parking may be reduced by: • Up to 20% of required off-street parking spaces in the case of shared parking between abutting uses or use of public parking. • One parking space for each on-street parking space provided at the lot frontage on a public street adjacent to the lot. Pedestrian Circulation. Clearly defined, safe pedestrian access shall be provided from parking areas, adjacent public rights-of-way, and public and private open space to building entrances. Pedestrian walkways traversing parking lots with more than 60 parking spaces shall meet the following guidelines: • Walkways adjacent to parking spaces shall be at least five feet wide and shall be separated from vehicles by curbing or landscaping. • Walkways that cross parking lot drive aisles shall be delineated by stripes, contrasting pavement materials, elevated pavement, or a combination of these measures. Bicycle Parking. Non-residential developments shall strive to provide bicycle parking spaces in a convenient, visible, preferably sheltered location. Town Center | 35 Landscaping and Screening Parking bays shall have landscape islands at each end, and bays in excess of 15 spaces in length shall be divided by intermediate islands. Landscape islands shall provide at least 360 square feet of area for planting trees, shrubs and/or groundcovers. Intermediate landscape islands shall provide at least 180 square feet of planting area. A landscape buffer of a minimum five feet in width shall be provided between all parking areas and the public sidewalk. The buffer shall consist of shade trees, low shrubs or perennial flowers and a decorative fence or masonry wall. Plantings and parking lot screen walls or fences shall be no less than three feet and no more than four feet in height to allow views into and out of parking areas All land area not occupied by buildings, parking, driveways, sidewalks or other hard surfaces shall be sodded or mulched and landscaped with approved ground cover, flowers, shrubbery and trees. Landscaping shall include a full complement of overstory, ornamental and evergreen trees, shrubbery and ground covers which are hardy and appropriate for the locations in which they are planted and provide year-long color and interest. Suggested Trees for the Town Center Valley Forge Elm, Ulmus americana ‘Valley Forge’ Bitternut Hickory, Carya cordiformis Sienna Glen Maple, Acer x freemanii ‘Sienna’ Boulevard Linden, Tilia americana ‘Boulevard’ Ohio Buckeye, Aesculus glabra Ginkgo (male), Gingko biloba Bicolor Oak, Quercus bicolor Northern Red Oak, Quercus rubra Princeton Elm, Ulmus americana ‘Princeton’ Accolade Elm, Ulmus x ‘Accolade’ River Birch (single stem), Betula nigra Korean Mountain Ash, Sorbus alnifolia Crabapple species (persistent fruit) Japanese Tree Lilac, Syringa reticulate 36 | Town Center Community Center The Town Center is intended to be a community gathering space. As such, the City may wish to allow space within the Town Center for a community center that could include recreational space, meeting space and similar uses. This would likely be a public/private partnership if it were to develop. This exhibit is intended to identify the two preferred locations for this type of facility and provide a concept for the size of facility that could be accommodated on either site. This is intended to serve an alternative to the land use concepts envisioned in the Town Center plan. Community Center Option A Community Center Option B Town Center | 37 Community Center Option A Site Area (Acres)14.1 Building Footprint (SF)80,500 Community Center Option B Site Area (Acres)23.0 Building Footprint (SF)1,001,408 Community Center Option B Community Center Option A 38 | Downtown Core Downtown Core Map: The Downtown Core is focused along Main Street and around a Town Square. Commercial mixed-use (which may include first floor commercial with residential above) is intended for a majority of the Downtown Core with medium and high-density residential uses supporting at the periphery. 79th Place M a i n S t r e e tMain StreetCity Center DriveC i t y C e n t e r D r i v e County Road 116County Road 10 Downtown Core | 39 05 Downtown Core Overview The Downtown Core is the commercial and civic heart of Corcoran. It is bound by 79th Avenue on the north, County Road 10 on the south, County Road 116 on the west and City Center Drive on the east. This district is the six block Main Street area as shown on the Downtown Core master plan. It is intended to offer residents and visitors a central community place to serve their daily commercial and personal service needs, and to gather with their neighbors for civic celebrations and social events. Through these guidelines, the Downtown Core will focus public and private investments in a smaller geographic area to support a critical mass of high quality development and public realm amenities. Design requirements in this section are in addition to criteria set in the Downtown Mixed Use Zoning District and in these Guidelines. Where conflicts arise, this section shall prevail. Vision Downtown Corcoran is a walkable, identifiable place that reflects the unique character of the community. A mix of restaurants, shops, and services will make it possible to meet daily needs all within a walkable area of the city. This pedestrian scale, with a cohesive building and landscape appearance, will identify this area as uniquely Corcoran. Downtown Core Objectives: 1. Downtown Core maintains the unique heritage and history of Corcoran. 2. Downtown Core is where the community gathers. 3. Downtown Core provides safe, convenient access for pedestrians, bicycles and vehicles. 4. Downtown Core provides the daily retail and service needs for the community. 5. Downtown Core is a mix of businesses, public spaces and residential neighborhoods that are connected by complementary design elements and streetscapes. 6. Downtown Core is a destination for the region. Site Development Destination retail, restaurant and entertainment uses, particularly mixed with other synergistic uses, are encouraged. Development should be appropriate for a traditional downtown area, with mixed-use buildings combining retail, commercial, and multi-family residential uses. Buildings - Placement, Massing and Height The area and setback requirements shall be as noted in the Zoning Ordinance for the district in which the property is located, except that additional standards shall be required for the Downtown Core as noted elsewhere in this document. Height. Buildings are required to be a minimum of two stories in the Downtown Core. Stepping portions of upper stories back from the line of the front façade to provide areas for outdoor terraces and rooftop patios is encouraged. 40 | Downtown Core Streetscape Trees and plantings Overstory trees should be placed with regularity along street frontages in order to create dapple shade within 10-15 years. Space and placement of trees, lighting and signage should be thoughtfully considered to create a unified whole supportive of Downtown Core goals. Furnishings Main Street is designed as a traditional downtown main street, lined with street trees and planters, pedestrian level lighting, and furnishings including benches and trash receptacles. These elements shall also occur within the Town Center, to a lesser extent. Outdoor Dining Pavement widths are wider in the Downtown Core than in other areas of the City in order to support the widest variety of streetscape amenities. Outdoor dining shall be permitted through the Downtown Core and shall be placed in the pedestrian buffer area of the sidewalk section. Awnings Where awnings are used, canvas, fabric or vinyl awnings are preferable. If glass or metal awnings are employed, they shall closely complement the building’s architectural character and aesthetic. The bottom of a window awning shall be set at least seven feet above the public sidewalk. Back lighted vinyl awnings and canopy signs shall not be used. Suggested Trees for the Downtown Core Princeton Elm, Ulmus americana ‘Princeton’ Accolade Elm, Ulmus x ‘Accolade’ Skyline Honeylocust, Gleditsia triacanthos var. inermis ‘Skyline’ Valley Forge Elm, Ulmus americana ‘Valley Forge’ Boulevard Linden, Tilia americana ‘Boulevard’ Ohio Buckeye, Aesculus glabra Ginkgo (male), Ginkgo biloba Kentucky Coffeetree (male), Gymnocladus dioicus Japanese Tree Lilac, Syringa reticulate Thornless Cockspur Hawthorne, Crataegus crus-galli var. inermis Downtown Core | 41 Sidewalks and Boulevards County Road 116 and Main Street in the Downtown Core warrants a unique design treatment. This intersection will be developed as the entry into the Downtown Core with appropriate identity elements. The County Road 116 linear park will offer trails through a landscaped open space, which extends into the Downtown Core and greater Town Center. The City will continue to work with Hennepin County to ensure that the ultimate design of County Road 116 respects the City’s intention to develop a district that is safe and accessible for all modes of transportation, including walking and biking. Parking 1. No parking spaces shall be located on corner lots at the point of street intersections. 2. No parking spaces shall be located between the immediate front of the principal structure and the abutting front lot line. throughway frontagestreet parking lane pedestrian buffer building type & setback varies by zoning district right-of-way 42 | Downtown Core Public Art Public art is encouraged in the Downtown Core. Durable, safe, artful enhancements to furnishings, paving, signage and building facades are also encouraged. All locations and works of art, regardless of ownership, placed within the public rights of- way or public areas shall be approved by the City Council prior to installation. Downtown Core | 43 Signage Signage shall comply with Chapter 84 of the City Code. However, in the Downtown Core the City is open to considering more creative signage to reflect the energetic commercial/ entertainment uses that may be developed in the subdistrict. Decorative neon, moving or other decorative sign types are desirable when displayed within interior storefront windows. 44 | Downtown Core Plazas All properties with principal buildings in excess of 30,000 square feet shall be required to have a public plaza space. The public plaza space shall include benches, bike racks trash receptacles, lighting fixtures and other amenities to create a welcoming space for tenants of the building and members of the public. These plaza spaces should be visible from the public street. Implementation | 45 06 Implementation Introduction The design guidelines provide distinct strategies for guiding form and appearance. This vision will take several years to implement. Successful implementation will require consistent application of the Design Guidelines by City staff and City Council. Zoning enforcement and design guidelines will not succeed without the cooperation and commitment of landowners, development interests and the rest of the community. Changes to the Comprehensive Plan and Zoning Map The Corcoran Southeast District Plan and Design Guidelines are consistent with the 2040 Comprehensive Plan. The proposed changes to the Zoning Ordinance and Zoning Map will be undertaken as a separate action following adoption of these guidelines. Design Review The design guidelines will be administered by staff as part of the development review process. Staff will incorporate design review to ensure compliance with the design guidelines as a standard step in the development review process. 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 www.landform.net Landform® and Site to Finish® are registered service marks of Landform Professional Services, LLC. Agenda Item: 8c. TO: Corcoran City Council FROM: Kendra Lindahl, Landform DATE: February 17, 2022 for the February 24, 2022 City Council Meeting RE: PUD Sketch Plan for Corcoran Highway 55 Business Park (PID 32-119-23-34-0013, 32-119- 23-34-0007, 32-119-23-43-0005 and 32-119-23-43-0006) (city file no. 21-047) REVIEW DEADLINE: N/A 1.Description of Request John Rausch has submitted a request for review of a PUD sketch plan for “Pioneer Trail Industrial Park” (formerly called Highway 55 Business Park) to develop a five-lot business park, consisting of 10 buildings and a new frontage road. The site exists as undeveloped property today. 2. Background The City of Corcoran completed an AUAR for Southwest Corcoran in 2005. The AUAR included this site, but the AUAR was not updated as required and has since expired. On August 24, 2006, the City Council approved a preliminary plat, preliminary PUD development plan, rezoning and comprehensive plan amendment to allow development of approximately 545,000 square feet of industrial and commercial space on this approximately 55-acre site. This approval included construction of a traffic signal at Pioneer Trail and Highway 55 and included the extension of municipal sanitary sewer and water from the City of Medina. On April 12, 2007, the City Council approved a final plat and final PUD development plan for “Corcoran Business Park”. The project did not proceed and all approvals have expired. On November 22, 2021, the Council reviewed a concept plan for the site and indicated support. The project at that time was intended to be developed consistent with the existing Light Industrial zoning and would have required a variance to develop in advance of municipal sanitary sewer and water. A copy of that staff report is attached. 3.Analysis Since the last review in November, there have been several changes that warrant City Council review and feedback. a.The applicant is now requesting a PUD to allow setback flexibility on all five lots and flexibility from the architectural standards for the mini storage/self storage facility. Pioneer Trail Industrial Park (20-047) 2 February 24, 2022 b. The plans now include a gas/convenience store on Lot 1 and retail on Lot 2. These would require a comprehensive plan amendment from Industrial to Commercial if those lots were to develop. This Comprehensive Plan amendment should be deferred until a user is determined and the need for the change is confirmed. Setbacks The applicant is requesting setback flexibility for all of the parcels. The property is currently zoned Light Industrial, which requires buildings to be 100 ft. from the Highway 55 property line, 50 ft. from the front lot line and residential properties, and 20 ft. from the side and rear lot line, Parking and drive aisles must be set back 100 ft. from Highway 55, 50 ft. from all other streets and 10 ft. from the side and rear property lines. The following setback flexibility is desired: a. Lot 1: i. 65 ft. building/25 ft. parking setback from Highway 55 where 100 ft. is required ii. 20 ft. parking setback from Street A where 50 ft. is required. b. Lot 2: i. 25 ft. parking setback from Highway 55 where 100 ft. is required c. Lot 3: i. 27 ft. parking setback from Highway 55 where 100 ft. is required ii. 20 ft. parking setback from Street A where 50 ft. is required. d. Lot 4: i. 29 ft. parking setback from Highway 55 where 100 ft. is required ii. 20 ft. parking setback from Street A where 50 ft. is required. e. Lot 5: i. 36 ft. parking setback from Street A where 50 ft. is required. It appears that Lot 5 could comply with the setback requirements by removing Building F; however, Building F could screen the north facing doors on Building E from the residential property to the north. Section 1060.060, Subd. 3(B.9) of the Zoning Ordinance stipulates that off-street loading areas are prohibited within 300 ft. of residentially zoned or guided property unless they are screened by an intervening building. Loading areas not requiring screening by an intervening building shall be screened from adjacent residentially zoned or guide property by the use of berms, fences, or walls to provide 100% opacity to a height of at least 10 ft. This will impact the loading area on Lots 3 and 4, which will need to be screened from the residential properties to the north. The reduced setback could make that challenging. Access/Streets The City is completing an EAW (Environmental Assessment Worksheet) for this site. As a result of the feasibility study, the City engineer is recommending that Street A be an 80 ft. right-of-way where it was Pioneer Trail Industrial Park (20-047) 3 February 24, 2022 shown as 66 ft. on the previous concept plan. This 80 ft. right-of-way is consistent with the width of the right-of-way west of Pioneer Trail. However, this larger right-of-way does impact setbacks. The Council indicated support for a variance to allow development of this site in advance of municipal sanitary sewer and water at the November 2021 meeting. The larger right-of-way is needed to accommodate the commercial traffic, but will also preserve options for future utility infrastructure. Buildings/Architecture The applicant is requesting PUD flexibility from the architectural standards for the mini storage/self storage on Lot 5. The developer of Park Place Storage (located at 6605 CR 19 in Corcoran) is proposing to develop condominium storage similar to that facility. The applicant is proposing to finish the building with insulated wall panels, which staff considers a metal panel. The applicant has provided information about the product and photos of example buildings with the material. The Azteco insulated wall panels would be the lighter gray and the darker gray elements on the renderings and the Mega Rib would be the blue elements. This material is a not an approved exterior finish in Section 1060.050 Subd. 1(C) of the Zoning Ordinance, which requires: a. face brick; b. natural stone or cultured stone; c. decorative concrete block or integral colored block; d. cast in place concrete or pre-cast concrete panels; e. wood, provided the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood, cypress; f. curtain wall panels of steel, fiberglass and aluminum (nonstructural, non-load bearing), provided such panels are factory fabricated and finished with a durable non-fade surface and their fasteners are of a corrosion resistant design. Up to 20% of any wall surface may consist of the materials outlined herein (excludes overhead doors); g. glass curtain wall panels; h. stucco or EIFS; i. fiber cement siding and j. other materials deemed appropriate and subject to approval by the Zoning Administrator. The material has not been allowed as a principal structure material in Corcoran. • The Council should review the proposed materials and provide feedback about whether or not this material would provide the same level of quality as the permitted exterior finishes and would be acceptable in this location. • A similar material was requested for the Nelson Trucking building and was denied by the City Council in 2020. Pioneer Trail Industrial Park (20-047) 4 February 24, 2022 Utilities The Council did indicate support for allowing this project to proceed without municipal sanitary sewer and water. The City engineer’s memo suggests the applicant consider a community well and water system for fire suppression for the facilities. This well could be constructed to a municipal standard to allow for the well and infrastructure to be transitioned to a public system once it can be connected to the larger Corcoran Water System. Summary The Council indicated support for the concept plan that was reviewed in November 2021; however, since that time it has become clear that the project cannot proceed without variances or a PUD. There are two questions for the Council: 1. Do you support the sketch plan proposed by the applicant and the flexibility requested? • If the Council does not support the current plan, they should provide feedback to the applicant, so the applicant can make changes to the plan to gain support or choose not to pursue development at this time. 2. If you support the concept, how would you like the flexibility request to be processed? The Code offers two options: • A variance. This would require the applicant to show compliance with all variance criteria, including showing a practical difficulty. The applicant may be able to show practical difficulty for the setback flexibility on Lots 1-4 due the narrow space remaining between Highway 55 and Street A; however, practical difficulty for the Lot 5 setbacks and architecture would be more challenging. • A PUD. This would require the applicant to show compliance with the intent of the district as noted in Section 1040.140. The Council has had a number of discussions regarding PUD flexibility in the last year and should provide direction on what would be needed for a PUD to be approved. The feedback from the Council will help the applicant make a decision about how to proceed. Staff has initiated the feasibility study and EAW based on the November feedback and expect to have the EAW completed for the Council to order distribution for comments at the March 24th meeting. 4. Recommendation Staff recommends that the City Council review and discuss the concept plan and provide the applicant with informal comments. Any opinions or comments provided to the applicant by the City Council are considered advisory only and shall not constitute a binding decision on the request. Pioneer Trail Industrial Park (20-047) 5 February 24, 2022 Attachments 1. City Engineer’s Memo dated February 17, 2022 2. Public Safety Memo dated February 2, 2022 3. PUD Sketch Plan received February 2, 2022 4. Building Elevations received February 15, 2022 5. November 22, 2021 Council Packet Memo To: Kevin Mattson, City of Corcoran From: Kent Torve, City Engineer Steve Hegland, PE Project: Hwy 55 Business Park Date: 2/16/22 Exhibits: This Memorandum is based on a review of the following documents: 1. Concept Plan N, prepared by Carson McCain, revision Dated 2/11/22 Comments: General: 1. Comments provided are high level comments based on the concept plan schematic provided. Additional comments should be anticipated on future submittals on the details of the development. 2. In addition to engineering related comments per these plans, the proposed plans are subject to additional planning, zoning, public safety, and all other applicable codes and standards of the City of Corcoran. 3. It is understood that the development plan will require an EAW to be completed by the City. A previous AUAR was completed by the City in 2005. If the project were to proceed, the full scope of the environmental review will be determined. Plat: 1. The applicant shall show all drainage and utility easements and meet all platting requirements met per the City Code. Drainage and utility easements shall be provided as standard per City requirements. 2. Easements will be required over all 100-year High Water Elevations and all areas in which shared runoff is conveyed, either through swales or pipes. 3. Easements should be provided over all infrastructure used for the conveyance and treatment of stormwater. 4. Easements should be provided over any/all public infrastructure if applicable. 5. All existing easements for access to the site should be provided to the City for review. 6. The applicant is showing a 50 foot ROW along Highway 55 which is consistent with previous dedications. This shall be confirmed with MNDOT. 7. The ROW dedication along Pioneer Trail should be a 40 foot half ROW. 8. Street A ROW is shown at 80 feet as requested by the city. The 80’ ROW is requested to allow for space for turn lanes as well as additional room for utilities to be added to this area once they are available to these lots. February 16, 2021 Hwy 55 Concept Kevin Mattson Page 2 of 3 Erosion Control/SWPPP 1. Preparation of an erosion control plan of and compliance with an SWPPP shall be required for construction. Transportation 1. In accordance with code all parking areas shall have a perimeter curbing and paved parking. 2. It anticipated that Road A will be a Public Roadway which would ultimately extend to Rolling Hills Road. 3. It is anticipated that turn lanes into and out of the development will be necessary at Pioneer Trail and Street A. Additional offsite impacts and mitigation measures will be reviewed with the EAW. 4. The proposed roadway connects to Pioneer Trail which is identified as a collector roadway on the comprehensive plan and is a designated State Aid Route. 5. Fire access and emergency access to the site should be reviewed by public safety. 6. The extension of Street A to the east should be considered by the City with the proposed development. 7. Street A should be extended to the eastern property line unless there are circumstances that would not allow this to be completed. 8. The traffic study should be performed with the EAW to determine impacts on the roadway system and what if any improvements may be necessary. 9. All streets and infrastructure shall be constructed to the city standards as identified in the Engineering Design Standards. Grading /Stormwater 1. A stormwater management plan shall be provided to confirm that stormwater management is in accordance with City of Corcoran and Elm Creek Watershed Management Commission Standards. 2. The City’s Stormwater Guidelines shall be used for stormwater systems and modeling. 3. WMO typically requires that the model P8 or a similar calculation to demonstrate that the site meets the total phosphorous and total suspended solids reduction standards for all treatment practices. 4. Provide a hydraulic stormwater model to ensure that the proposed development meets all required rate control standards and does not adversely impact surrounding properties. 5. Water from the site appears to mostly discharge to the Northwest and south across Hwy 55. Small portions of the site discharge to the southeast and northeast as well. Grading on the site should be in such a manner as to control all reasonable runoff from the site February 16, 2021 Hwy 55 Concept Kevin Mattson Page 3 of 3 and water shall not be discharged at a higher rate onto any portion of an adjacent property than which discharged during the existing conditions. 6. The majority of the site drains onto private property to the north to Jubert Lake. The stormwater management plan should ensure no impacts onto adjacent properties and may require analysis downstream to show this. 7. The city may work with the applicant to limit discharge to the northeast of the development if it is feasible within the overall development plans. 8. If filtration is required for the site, the City strongly prefers a NURP pond with filter bench (offset to one side of the pond) be used. Watermain/Sanitary Sewer 1. The applicant shows concept septic sites for lots 1-4. It is assumed that no sewer or domestic water will be required for the storage facility in Lot 5. 2. Public Safety should review the need for any current or future fire protection within the property. 3. Installation of sewer and water utilities through the development for future connection to the city system shall be considered with the development. If utilities are not installed at the time of the initial development, a utility corridor should be identified and preserved with easements to ensure utilities can but provided to the development in the future without requiring the reconstruction of the roadway. 4. Septic sewer placement is reviewed and approved by Hennepin County. 5. The applicant should strongly consider a community well and water system for fire suppression for the facilities. This well could be constructed to a municipal standard to allow for the well and infrastructure to be transitioned to a public system once it can be connected to the larger Corcoran Water System. End of Comments Page 1 of 1 CITY OF CORCORAN 8200 County Road 116, Corcoran, MN 55340 763.420.2288 E-mail - general@ci.corcoran.mn.us / Web Site – www.corcoranmn.gov Memo To: Planning (Planners Lindahl and Davis) From: Lieutenant Burns Date: February 4, 2022 Re: City File 21-047 Corcoran Hwy 55 Business Park A Public Safety plan review meeting was held on February 2, 2022. In attendance were: Lieutenant Ryan Burns, Planner Davis McKeown, Fire Chief Feist, Fire Chief Malewicki, Building Official Geske, and Construction Services Specialist Pritchard. The comments below are based on the concept plans received by the City on February 2, 2022 and are intended as initial feedback as further plan review will need to be completed as construction plans are available. 1. The parking lots for Lots 3 and 4 should be designed to allow for fire truck circulation around the buildings. 2. Fire truck circulation within the lot for Park Place Storage will need to be addressed with a circulation map. The applicant should keep in mind that the 90-degree corners as depicted in the concept plan are very difficult for emergency vehicles to navigate, so the buildings may need to be shorter than what is currently shown. The applicant may want to consider splitting up larger buildings to allow for better circulation. Additionally, there will need to be passable lanes to accommodate two-way traffic. 3. The Public Safety team would like a better understanding of any plans to sprinkle the proposed storage buildings. Since there is no municipal water available, a majority of these structures will need to be sprinkled with an approved on-site water source. The stormwater pond cannot be used for fire suppression. Firewalls could reduce the need for a sprinkler system. 4. A waiver to the hydrant requirement is subject to review and approval from the Fire Chief. f:\jobs\9821 - 9840\9824 - landspec - corcoran\cad\engineering\concepts\_corcoran - concept n_220211.dwgSave Date:02/11/221of1 CONCEPT PLAN N LANDSPEC USA 5229 Minnetoga Terrace Minnetonka, MN 55343REVISIONSDRAWN BY:DESIGNED BY:ISSUE DATE:JTRJTR10/05/21PIONEER TRAIL INDUSTRIAL PARK Corcoran, MinnesotaNOTES1. 02/11/22 80' RIGHT OF WAY Product Specification Profile: Exterior: Flat Interior: Shadowline Embossing: Exterior: Azteco Interior: Stucco or non-embossed Gauge: Exterior: 24, 22 ga Interior: 26, 24, 22 ga Width: 24”, 30”, 36”, 42” Thickness: 2”, 2.5”, 3”, 4”, 5”, 6” Length: 8’ - 53’ Reveal option: Vertical: 1/8” Horizontal: 1/8” or 3/8” Orientation: Vertical or horizontal Post fabrication: Trimless ends, folded corners R-value: ≈ 7.2 per inch per ASTM C518 @ 75˚F ≈ 8.25 per inch per ASTM C518 @ 35˚F Applications Azteco pre-engineered wall systems deliver an attractive and affordable panel choice. Azteco panels, horizontally or vertically applied, use a patented double seal integrated joint. Standard reveals are 1/8” for vertical applications, and 3/8” for horizontal applications. Azteco panels are suitable for new and retrofit applications across the cold storage, commercial and industrial market sectors. Design Features The foamed-in-place manufacturing process produces superior panels of consistent high quality that arrive to site ready for quick and easy installation, saving up to 50% in on-site construction time. Panels are available with optional factory- caulked side joints to save erection labor (not available for cold storage applications). 1 Customer Options Kingspan offers a full spectrum of vibrant colors for every color scheme. The high performance coatings provide long-life protection, color and gloss retention. Custom color matching is available to meet individual building designs and creative freedom. 24” - 42” Shadowline Azteco Interior face Exterior face 2”-6”KS Azteco Data Sheet Insulated Wall Panel System Kingspan’s single component systemscan increase speed of buildby up to 50% Azteco embossing Test Procedure Results Fire FM-4880 Passed: Class 1 Fire Rating of Insulated Wall or Wall and Roof / Ceiling Panels, Interior Finish Materials or Coatings, and Exterior Wall Systems ASTM E84 Flame Spread: 25 or Less / Smoke Developed: 450 or Less CAN/ULC-S101 Fire Endurance Tests: 10 min and 15 min stayed in place CAN/ULC-S102 Flame Spread: 5 / Smoke Developed: 135 for panel with facings CAN/ULC-S127 Flame Spread <500 for foam core CAN/ULC S138 Passed: Fire growth of foamed plastic insulated building panels in a full scale room configuration CAN/ULC-S134 Passed: Standard method of test for fire of exterior wall assemblies NFPA 259 Tested for potential heat of building materials NFPA 268 Passed: Standard test method for determining ignitability of exterior wall assemblies using a radiant heat energy source NFPA 285 Passed: Standard Fire Test Method for Evaluation of Fire Propagation Characteristics of Exterior Non-Load-Bearing Wall Assemblies Containing Combustible Components Structural FM-4881 Passed: Class +110/-154 Zone H Class +100/-140 Zone HM – LM ASTM E72 Vacuum chamber tested. Panel load / span and deflection tables are available Thermal ASTM C518 Transmission Air Infiltration ASTM E283 0.003 CFM/f t2 of Panel Area at 6.24 psf Water ASTM E331 No uncontrolled water penetration at 20 psf differential pressure AAMA 501.1 Dynamic water pressure testing – no sign of water leakage at 15 psf Fatigue Cyclic test to positive The panels exceeded 2 million alternate cycles without failure or and negative damage wind loading to ± L/180 deflection Bond Strength ASTM D1623 Panels tested for tensile bond strength of metal to foam Sample placed in an autoclave device and pressurized to 2 PSI at 212 °F for 21/2 hours Skin Delamination No skin delamination with direct pull off pressure up to 1188 psf 2 Performance Testing and Approvals Kingspan insulated panels meet specific building envelope performance criteria and requirements stipulated by US and Canadian building codes. Panels are tested in accordance with UL, ULC, FM and ASTM approval standards, testing methods and procedures. Kingspan insulated panels are listed by FM Global and Warnock Hersey. KS Azteco Data Sheet Insulated Wall Panel System Kingspan North America DeLand, FL: 386-626-6789 Modesto, CA: 209-531-9091 Caledon, ON: 905-951-5600 Langley, BC: 604-607-1101 www.kingspanpanels.com For the product offering in other markets please contact your local sales representative or visit www.kingspanpanels.com Care has been taken to ensure that the contents of this publication are accurate, but Kingspan Limited and its subsidiary companies do not accept responsibility for errors or for information that is found to be misleading. Suggestions for, or description of, the end use or application of products or methods of working are for information only and Kingspan Limited and its subsidiaries accept no liability in respect thereof. Issue 2: 12/2017 Thermal Performance at 75˚ Thickness K-Factor R-Value 2 0.07 14.4 2.5 0.06 18.0 3 0.05 21.6 4 0.03 28.8 5 0.03 36.0 6 0.02 43.2 Thermal Performance at 35˚ Thickness K-Factor R-Value 2 0.06 16 2.5 0.05 20 3 0.04 24 4 0.03 32 5 0.03 40 6 0.02 48 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 www.landform.net Landform® and Site to Finish® are registered service marks of Landform Professional Services, LLC. Agenda Item: ___ TO: Corcoran City Council FROM: Nicholas Ouellette Kendra Lindahl, Landform DATE: November 17, 2021 for the November 22, 2021 City Council Meeting RE: Concept Plan for Corcoran Highway 55 Business Park (PID 32-119-23-34-0013, 32-119-23- 34-0007, 32-119-23-43-0005 and 32-119-23-43-0006) (city file no. 21-047) REVIEW DEADLINE: December 28, 2021 1. Description of Request John Rausch has submitted a request for review of a concept plan to develop a five-lot business park, consisting of 10 buildings and a new frontage road. The site exists as undeveloped property today. 2. Background The City of Corcoran completed an AUAR for Southwest Corcoran in 2005. The AUAR included this site, but the AUAR was not updated as required and has since expired. On August 24, 2006, the City Council approved a preliminary plat, preliminary PUD development plan, rezoning and comprehensive plan amendment to allow development of approximately 545,000 square feet of industrial and commercial space on this approximately 55-acre site. This approval included construction of a traffic signal at Pioneer Trail and Highway 55 and included the extension of municipal sanitary sewer and water from the City of Medina. On April 12, 2007, the City Council approved a final plat and final PUD development plan for “Corcoran Business Park”. The project did not proceed and all approvals have expired. 3. Context Zoning and Land Use The 56.64-acre site is guided Light Industrial. Three parcels are zoned Light Industrial (I-1) district and the northwest parcel is zoned Urban Reserve (UR) district. The land is vacant. The site is located in the Metropolitan Urban Service Area (MUSA) and is part of the Future Study Area for sanitary sewer identified in the Comprehensive Plan. Surrounding Properties The site is bordered by Highway 55 and the City of Medina to the south. All surrounding properties to the north, east and west are located within the MUSA. Properties to the north, northeast and northwest Highway 55 Business Park (20-047) 2 November 22, 2021 of the site are guided Existing Residential and Low Density Residential. Properties to the east and west are guided Light Industrial. Natural Characteristics of the Site There are no natural resources identified in the NRI. However, there are four delineated wetlands on site. 4. Analysis Concept Plan The applicant is proposing a concept plan for a five-lot business park at the northeast corner of Highway 55 and Pioneer Trail. Four of the lots are warehouse/office uses and the fifth lot is a proposed mini storage/self storage facility. Ten buildings are proposed on the concept plan: six buildings would comprise the mini storage/self storage facility and the remaining four buildings are warehouse/office buildings on individual lots. A proposed frontage road will provide access to the five lots from Pioneer Trail. The applicant indicated in their narrative that only the mini storage/self storage facility on Lot 5 and the warehouse/office building on Lot 4 are planned for construction. The applicant should provide a phasing plan for development of the entire business park. A rezoning will be required to change the zoning of the smallest lot from UR district to I-1 district. The rezoning would be consistent with the future land use. However, Section 1040.125, Subd. 1, of the Zoning Ordinance states, “New development within this district will be allowed only when a full range of municipal services and facilities are available to serve the area.” Municipal services are not available to the site; therefore, a variance will be required to allow development in advance of municipal service availability. • The Council should discuss whether this development is premature prior to availability of municipal sanitary sewer and water. Warehouse/office uses are permitted in the I-1 district. Mini storage/self storage facilities are a permitted as a conditional use in the I-1 district and will require a conditional use permit application from the developer. Premature Subdivision Section 925 of the Subdivision Ordinance says that “Any proposed subdivision deemed premature for development shall not be approved by the City Council. A subdivision shall be deemed premature if the Council determines that any of the following conditions exist. The burden of proof shall be upon the subdivider to show that the proposed subdivision is not premature.” Highway 55 Business Park (20-047) 3 November 22, 2021 If the Council finds any of the following, the Council should deem the development premature: Subd. 1. Inconsistent with the Comprehensive Plan. A proposed subdivision may be deemed premature if it is inconsistent with the purposes, objectives, development staging plan, or recommendations of the City’s Comprehensive Plan, as may be amended. Application for reguiding and/or rezoning may be made simultaneously with an application for subdivision approval, however, a subdivision application will not be considered for approval by the City Council until and unless any necessary reguiding and/or rezoning application is approved by the Council. • Staff finds that the proposal is consistent with the Light Industrial and use designation. It is in Stage 3 (2030-2035) of the sanitary sewer staging plan and in the Future Study Area for sanitary sewer, but the developer indicates that this project would not require municipal services and a Comprehensive Plan amendment to change the staging plan would not be needed. Subd. 2. Inconsistent with the Capital Improvements Program. A proposed subdivision may be deemed premature if it is inconsistent with the capital improvements program because public improvements, facilities, or services necessary to accommodate the proposed subdivision would not be completed within two years of the date of application. • Public sanitary sewer and water is not available and would not be available within two years, however, the applicant would provide private services to serve the project and would connect to municipal services in the future. The applicant would construct the planned Highway 55 frontage road as part of this project to provide street infrastructure consistent with the Capital Improvements Program. Subd. 3. Lack of Adequate Water Supply. A proposed subdivision shall be deemed to lack adequate water supply if the proposed subdivision does not have adequate sources of water to serve the proposed subdivision if developed to its maximum permissible density without causing an unreasonable depreciation of existing water supplies for surrounding areas. Within the urban service boundary, a proposed subdivision may be deemed premature if public water is not available to serve the proposed subdivision. • Public water supply is not available and would not be available within two years. However, the development plan appears to be consistent with urban density and could be connected to municipal water supply when available. Subd. 4. Lack of Adequate Waste Disposal Systems. A proposed subdivision shall be deemed to lack adequate waste disposal if there is inadequate on-site sewer capacity to support the subdivision if developed to its maximum permissible density. Within the urban service boundary, a proposed subdivision may be deemed premature if: A. Sanitary sewer is neither available nor proposed; or B. Available or proposed sanitary sewer is inadequate to support the subdivision if developed to its maximum permissible density after reasonable sewer capacity is reserved for schools, public facilities, and other developments planned within five years of the date of application. • Public sanitary sewer is not available and would not be available within two years. However, the development plan appears to be consistent with urban density and could be connected to municipal water supply when available. Highway 55 Business Park (20-047) 4 November 22, 2021 Subd. 5. Lack of Adequate Streets to Serve the Subdivision. A proposed subdivision may be deemed premature if: A. Streets which serve the proposed subdivision are of such a width, grade, stability, vertical and horizontal alignment, site distance or surface condition that the traffic volume generated by the proposed subdivision would create a hazard to public safety and general welfare, or would seriously aggravate an existing hazardous condition; or B. The traffic volume generated by the proposed subdivision would create congestion or unsafe conditions on existing or proposed streets. • The developer would build the required public streets to serve the development. A traffic study would be completed as part of the required Environmental Assessment Worksheet (EAW). Subd. 6. Lack of Adequate Drainage. A proposed subdivision may be deemed premature if: A. Surface or subsurface water retention and runoff is such that it constitutes a hazard to the stability of proposed or existing structures; or B. The proposed subdivision would cause pollution of water sources or would cause damage from erosion or siltation on downstream property; or C. Factors including, but not limited to, the presence of floodplain, poor soils or subsoils, or steep slopes exist in such a manner as to preclude adequate site drainage or treatment of runoff. • The developer would comply with state, watershed and local requirements for drainage. Subd. 7. Inconsistent with Environmental Requirements. A proposed subdivision may be deemed premature if it is inconsistent with the rules and policies of the Minnesota Environmental Quality Board, as may be amended, and could adversely impact critical environmental areas, or potentially disrupt or destroy, in violation of State historical preservation laws, historic areas which are designated or officially recognized by the City Council. • As part of any project, the City would complete an EAW as required by the Environmental Quality Board (EQB) and any development would be subject to the mitigation standards from that analysis. The project is premature without municipal sanitary sewer and water; however, the Council could find that with provision of temporary well and septic systems to serve the development and an agreement to connect to municipal sewer and water when available and agreement to pay all infrastructure costs for those services would allow urban development consistent with the Comprehensive Plan. If so, the Council would direct the applicant to apply for a variance to allow development in advance of municipal services. • This is a significant policy issue for the City Council. Unlike the Garages Too application, which did not require sewer and water, this project cannot develop without sewer and water services. Several other landowners in this area have expressed an interest in developing and support for development on this site will likely result in variance requests to allow development on other sites in this area in advance of municipal sewer and water. Highway 55 Business Park (20-047) 5 November 22, 2021 Lot Standards and Building Setbacks Lot standards for the I-1 district are as follows: Minimum lot area 1 acre Minimum lot width 100 ft. Minimum lot depth 200 ft. Setbacks Front, from major roadways 100 ft. Front, from all other streets 50 ft. Side 20 ft. Rear 20 ft. Adjacent to residential 50 ft. Maximum Principal Building Height 45 ft. Maximum impervious surface coverage 70% Street A will provide frontage for all lots in the business park. The applicant must dimension building, parking, and drive aisle setbacks on plans to ensure they comply with the above standards. The buildings shown on the concept plan appear to comply with setback standards for the I-1 district. The five proposed lots range in size from 2.8 to 27.3-acres in size and generally exceed the lot area, width and depth requirements for the I-1 district. Access/Streets The Southwest District Design Guidelines indicate that future driveways and other direct access from new developments to State Highway 55 shall not be permitted. Access to the business park would be provided through the Street A frontage road that connects with Pioneer Trail to the west of the site. The Southwest District Design Guidelines show the frontage road extending east to connect with Rolling Hills Road. All proposed lots will have access from Street A. This street is proposed in accordance with the Southwest District Design Guidelines, which states: Driveways and other direct access from new developments to State Highway 55 shall not be permitted. New access roads shall be provided for access to properties that currently front the highway. Street A is approximately 36 ft. wide and has a 66 ft. wide right-of-way. The City Engineer has noted a right-of-way width of at least 60 ft. is anticipated to accommodate the proposed frontage road, but would be evaluated as part of the EAW MnDOT reviewed the plans and noted concerns about traffic at the Highway 55/Pioneer Trail intersection. They recommended that a traffic study be completed. Staff would complete a traffic study as part of the EAW. A copy of their letter is attached. Highway 55 Business Park (20-047) 6 November 22, 2021 The City Engineer anticipates turn lanes into and out of the development will be necessary at the intersection of Pioneer Trail and Street A. A traffic signal was reviewed in 2005 and will be reviewed again for this development in coordination with MnDOT and the City of Medina. Additional offsite impacts will be reviewed as part of the EAW. Overlay Districts There are four wetlands on the site which are regulated by the standards in Section 1050.010, the “Wetland Overlay District.” The site plan does show the development of buildings, drive aisles and stormwater ponds over two of the wetlands. There are no Floodplain or Shoreland Overlay districts on this site. The proposed development is subject to the performance standards in the Southwest District Design Guidelines in Appendix A of the Zoning Ordinance. Buildings/Architecture There are ten buildings shown on the concept plan. The warehouse/office buildings are shown as buildings 1-4 and the mini storage/self storage buildings are shown as buildings A-F. The square footage for each building is as follows: Building Building Footprint (sq. ft.) Building 1 (Lot 1) 25,000 Building 2 (Lot 2) 12,000 Building 3 (Lot 3) 66,000 Building 4 (Lot 4) 100,000 Total Warehouse/Office 203,000 Building A (Lot 5) 24,500 Building B (Lot 5) 24,500 Building C (Lot 5) 100,000 Building D (Lot 5) 100,000 Building E (Lot 5) 88,000 Building F (Lot 5) 42,000 Total Mini Storage/Self Storage 379,000 TOTAL (All Buildings) 582,000 The applicant has not provided detailed elevations for the proposed buildings but has provided photos to represent the architectural style of the buildings. Section 1060.050, Subd. 1(C), provides standards for buildings in non-residential zoning districts. These appear to comply with ordinance standards. Parking The concept plan shows parking and drive aisle for the four warehouse/office buildings on Lots 1 through 4. Loading areas for the buildings on Lots 1-4 are situated between the proposed buildings and Highway 55 Business Park (20-047) 7 November 22, 2021 Street A. No parking is shown for the mini storage/self storage facility on Lot 5. The applicant should describe the plan for parking at the mini storage/self storage facility. If customers are to park in front of their units, plans should show enough separation between buildings that would be adequate for parking in front of a unit and to allow traffic to pass unobstructed. Parking and drive aisles must be setback 50 ft. from all other streets and 10 ft. from the side and rear property lines. The parking and drive aisles appear to comply with this requirement; however, the loading areas on Lots 1-4 appear do not appear to comply with the 50-foot minimum setback. Section 1060.060, Subd. 3(B.9) stipulates that off-street loading areas are prohibited within 300 ft. of residentially zoned or guided property unless they are screened by an intervening building. Loading areas not requiring screening by an intervening building shall be screened from adjacent residentially zoned or guide property by the use of berms, fences, or walls to provide 100% opacity to a height of at least 10 ft. This may impact the loading area on Lots 1 and 2 which appear to be within 300 ft. of residentially zoned properties across proposed Street A to the north. Landscaping No landscaping is depicted on the concept plan. The Southwest District Design Guidelines recommend landscaping should be designed to work with the existing topography of the area, preserving the rolling hills and natural view corridors. The site will also be subject to the landscape standards in Section 1060.070 which requires the following: - One overstory tree per 1,000 sq. ft. of gross building floor area or one tree per 50 lineal feet of site perimeter, whichever is greater. - One understory shrub for each 300 sq. ft. of building or one tree per 30 lineal feet of site perimeter, whichever is greater. - The planting screen shall consist of hardy trees that will provide a minimum of 80% opacity year-round. Planting screens shall contain a mix of overstory and understory planting and a mix of deciduous and coniferous materials. The proposed concept would be required to plant approximately 155 trees and 258 shrubs, based on an estimated site perimeter of 7,725 linear feet. Property lines along the north, northeast and northwest perimeter of the site would also be required to plant screening to buffer from adjacent residential districts. Utilities The site is located in the Metropolitan Urban Service Area (MUSA) and is shown within a future study area for the SW District proposed trunk sanitary sewer system. The I-1 district states that “New development within this district will be allowed only when a full range of municipal services and facilities are available to serve the area.” The applicant would be requesting a variance to allow development in advance of municipal sanitary sewer and water. The Council must decide whether or not this development is premature without municipal sewer and water. Highway 55 Business Park (20-047) 8 November 22, 2021 If the Council supports development in advance of municipal sewer and water, the applicant will provide wells and septic systems to serve the development. Septic locations are delineated on the concept plan for Lots 1-4. The applicant must obtain preliminary approval of the septic locations from Hennepin County Public Health prior to submittal of a final plat application. Lot 5 is the mini storage / self storage and does not show any septic facilities. However, staff notes that this site is planned for the development of Park Place storage and that site does have septic service. The applicant should provide more information about why well and septic is not required for this site and how fire suppression would be provided. No public utilities are available to the site and the frontage road would be constructed without utilities below ground. The City Engineer recommends a utility corridor be identified on plans to allow for the future installation of utilities without requiring reconstruction of the road. Stormwater The applicant has proposed two stormwater ponds. One pond is located on Lot 5 and the other pond is located on both Lot 2 and Lot 3. As part of a development review plan, the applicant would be required to comply with state, watershed and local stormwater standards. Public Safety Public Safety Committee reviewed the plans and provided initial feedback. The committee noted that firetruck circulation that should be addressed with a circulation map and requested the applicant provide details for fire suppression in buildings with future plans. Environmental Assessment Worksheet (EAW) An EAW is required for the project as the gross square footage of industrial space (582,000 sq. ft.) exceeds the EAW threshold of 300,00 sq. ft. If the Council supports the concept shown by the applicant, City staff would begin work on an EAW for the site. Staff would provide the applicant with a cost estimate and upon receipt of the required escrow would begin the EAW process. No formal development application (preliminary plat, site plan, etc.) may be reviewed until the EAW process is complete. Conclusion The proposed uses are consistent with the planned future land use in this district. The policy question for Council is whether or not the project is premature and should be delated until municipal services are available to the site. Highway 55 Business Park (20-047) 9 November 22, 2021 Development in the MUSA is deemed premature until municipal sanitary sewer and water are available. However, the Council has approved a variance to allow the expansion of the Park Place Storage on County Road 19 and recently approved Garages Too self storage east of this site. The Council has discretion in allowing development in the MUSA without sewer and water and should weigh the impact of allowing development now rather than when infrastructure is available. If the Council indicates support for the application, the next step would be for the applicant to submit applications for: 1. EAW 2. Rezoning, Preliminary Plat, Conditional Use Permit and Variance (for development in advance of municipal services) 3. Final Plat 5. Recommendation Staff recommends that the City Council review and discuss the concept plan and provide the applicant with informal comments. Any opinions or comments provided to the applicant by the City Council are considered advisory only and shall not constitute a binding decision on the request. Attachments 1. Site Location Map 2. Concept Plan dated October 19, 2021 3. Applicant Narrative dated October 19, 2021 4. City Engineer’s memo dated November 15, 2021 5. Public Safety Memo dated November 16, 2021 6. MnDOT letter dated November 4, 2021 7. Future Land Use Map 8. Zoning Map 9. Southwest District Plan 10. Architectural Images Hennepin County Natural Resources Map Date: 11/11/2021 Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is not suitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2021 1 inch = 400 feet Legend Wetlands Potential Wetland - HCWI Probable Wetland - HCWI Probable Wetland - NWI PID: 3211923340013 Address: 6210 Pioneer Tr, Corcoran 55357 Owner: Landspec Fund 2 Llc Acres: 9.81 ¯ f:\community\radach, joe\temp projects\northmarq\corcoran - pioneer trail\concepts\_corcoran - concept o_211019.dwgSave Date:10/19/211of1 CONCEPT PLAN O LANDSPEC FUND 2, LLC 5229 Minnetoga Terrace Minnetonka, MN 55343REVISIONSDRAWN BY:DESIGNED BY:ISSUE DATE:JTRJTR10/19/21CORCORAN HWY 55 BUSINESS PARK Corcoran, MinnesotaNOTES Park Place Storage Condominiums Inc. Site Address: Highway 55 and Pioneer Trail, Corcoran, MN October 19, 2021 Park Place Storage Condominiums Inc. has eight facilities around the Twin Cities including the existing Corcoran site on Highway 19. We continually strive to improve the existing facilities while building new improved facilities with added amenities. The proposed parcel is a 27 acre lot at the intersection of Highway 55 and Pioneer Trail along the future North frontage road. The Developer will engineer the site to hook up to utilities when they are available. This proposal is for 6 buildings with an estimated 380,000 square feet of buildings with an estimated $66,000,000 valuation upon completion. The buildings will all face into the property with no exposed garage doors and minimal light at the property boundary. The unit sizes will range from 500- 1800 sf and are owned as a condominium similar to our other locations. The units include heat, water, electrical and WIFI. The site is gated, fenced with video security around the entire property with an option for security in the unit as well. There will not be any Residential or outside storage available on the property. The entire property is covered by a “dry” fire sprinkler system. This facility will also have an indoor RV wash station for owners use only. We believe the very low impact of our use combined with excellent project screening makes this an ideal project for the City of Corcoran. We would like to thank you for the last 20+ years and look forward to the next 20+ years and thank you for the consideration of our project. Paul Jorgensen President Park Place Storage Condominiums Inc. 952-250-2163 Memo To:Kevin Mattson, PE, Public Works Director From:Kent Torve, City Engineer Steve Hegland, PE Project:Hwy 55 Business Park Concept Date:November 15, 2021 Exhibits: This Memorandum is based on a review of the following documents: 1. Concept Plan O, prepared by Carlson McCain, 10/19/21. 2. Concept Plan O Neighborhood Context Plan, prepared by Carlson McCain, 10/19/21. 3. Project Development Narrative, New Warehouse/Storage Facility 22400 State Highway 55, Dated 01/13/21. Comments: General: 1. Comments provided are high level comments based on the concept plan schematic provided. Additional comments should be anticipated on future submittals on the details of the development. 2. In addition to engineering related comments per these plans, the proposed plans are subject to additional planning, zoning, public safety, and all other applicable codes and standards of the City of Corcoran. 3. The development plan will require an Environmental Assessment Worksheet (EAW) or potentially Alternative Urban Area-Wide Review (AUAR) to be completed by the City. A previous AUAR was completed by the City in 2005. If the project were to proceed, the full scope of the environmental review will be determined. The EAW/AUAR process includes study of infrastructure components typical of a City Feasibility Study for developments. Plat: 1. Plans shall show all drainage and utility easements and meet all platting requirements per the City Code. Drainage and utility easements shall be provided as standard per City requirements. 2. Easements should be provided over all infrastructure or swales used for the conveyance and treatment of stormwater. 3. Easements should be provided over any/all public infrastructure if applicable. 4. Any existing easements should be provided to the City for review. Easement vacation requires a separate City process. November 15, 2021 Hwy 55 Concept Kevin Mattson Page 2 of 3 Transportation 1. It anticipated that Street A will be a public roadway which would ultimately extend to Rolling Hills Road. 2. The ROW width shall be further determined but is anticipated to be at least 60’. 3. It is anticipated that turn lanes into and out of the development will be necessary at Pioneer Trail and Street A. Additional offsite impacts and mitigation measures will be reviewed with the EAW/AUAR. A traffic signal was reviewed in 2005 and will be reviewed with this development in coordination with MnDOT and Medina. 4. The proposed roadway connects to Pioneer Trail which is identified as a collector roadway on the Corcoran Comprehensive Plan and is a designated State Aid Route. 5. In accordance with code all parking areas shall have perimeter curbing and paved parking. 6. Fire access and emergency access to the site should be reviewed by Public Safety. 7. The extension of Street A to the east should be considered by the City with the proposed development. 8. The traffic study should be performed with the EAW/AUAR to determine impacts on the roadway system and what if any improvements may be necessary. The following intersections are anticipated to be studied at a minimum; a. Hwy 55 and Rolling Hills Road b. Hwy 55 and Pioneer Trail c. Hwy 55 and County Road 19 d. Hwy 55 and Town Line Road e. Rolling Hills Road and Horseshoe Trail f. County Road 19 and Pioneer Trail 9. All streets and infrastructure shall be constructed to City standards. Grading /Stormwater 1. A stormwater management plan shall be provided to confirm that stormwater management is in accordance with City of Corcoran and Elm Creek Watershed Management Commission Standards. 2. Preparation of an erosion control plan of and compliance with an NPDES SWPPP shall be required for construction. 3. The City’s Stormwater Guidelines shall be used for stormwater systems and modeling. 4. The WMO typically requires that the model P8 or a similar calculation to demonstrate that the site meets the total phosphorous and total suspended solids reduction standards for all treatment practices. 5. Provide a hydraulic stormwater model to ensure that the proposed development meets all required rate control standards and does not adversely impact surrounding properties. 6. Drainage from the site appears to primarily discharge to the north/northwest to Jubert Lake and south across Hwy 55. Small portions of the site discharge to the southeast and November 15, 2021 Hwy 55 Concept Kevin Mattson Page 3 of 3 northeast as well. Grading on the site should be in such a manner as to control runoff from the site and water shall not be discharged at a higher flowrate onto any portion of an adjacent property than which discharged during the existing conditions. 7. The majority of the site drains onto private property to the north towards Jubert Lake. The stormwater management plan should ensure no impacts onto adjacent properties and may require analysis downstream. Property considerations for drainage management will be coordinated with the City as the project moves forward. 8. The City will review the project’s ability to limit discharge to the northeast if it is feasible within the overall development framework. 9. If filtration is required for the site to meet WMO requirements, the City strongly prefers a NURP pond with filter bench (offset to one side of the pond) be used. Water/Sewer 1. The applicant shows concept septic sites for Lots 1-4. It is assumed that no sewer or domestic water will be required for the storage facility in Lot 5. 2. Public Safety should review the need for any current or future fire protection within the property. 3. Installation of sewer and water utilities through the development for future connection to the City system shall be considered with the development. If utilities are not installed at the time of the initial development, a utility corridor should be identified and preserved with easements to ensure utilities can be installed in the future without requiring the reconstruction of the roadway. 4. Septic sewer is reviewed and approved by Hennepin County. End of Comments Page 1 of 1 CITY OF CORCORAN 8200 County Road 116, Corcoran, MN 55340 763.420.2288 E-mail - general@ci.corcoran.mn.us / Web Site – www.corcoranmn.gov Memo To: Planning (Planners Lindahl and Davis) From: Director Gottschalk Date: November 16, 2021 Re: City File 21-047 Corcoran Hwy 55 Business Park A Public Safety plan review meeting was held on 11/10/2021. In attendance were: Director of Public Safety Gottschalk, Lieutenant Ryan Burns, Planner Davis, Fire Chief Feist, Fire Chief Malewicki, and Construction Services Specialist Pritchard. The comments below are based on the concept plans dated October 19, 2021 and are intended as initial feedback as further plan review will need to be completed as construction plans are available. 1. The parking lots for Lots 3 and 4 should be designed to allow for fire truck circulation around the buildings. 2. Fire truck circulation within the lot for Park Place Storage will need to be addressed with a circulation map. The applicant should keep in mind that the 90-degree corners as depicted in the concept plan are very difficult for emergency vehicles to navigate, so the buildings may need to be shorter than what is currently shown. The applicant may want to consider splitting up larger buildings to allow for better circulation. Additionally, there will need to be passable lanes to accommodate two-way traffic. 3. The Public Safety team would like a better understanding of any plans to sprinkle the proposed storage buildings. A fire sprinkler system will need water storage tanks and the stormwater pond cannot be used for fire suppression. Firewalls could reduce the need for a sprinkler system. Metropolitan District Waters Edge Building 1500 County Road B2 West Roseville, MN 55113 An equal opportunity employer MnDOT Metropolitan District, Waters Edge Building, 1500 County Road B2 West, Roseville, MN 55113 November 4, 2021 Natalie Davis McKeown Planner City of Corcoran 8200 County Road 116 Corcoran, MN 55340 SUBJECT: MnDOT Review # P21-051 Park Place Storage Condominiums-Corcoran NE Quad MN 55 & Pioneer Trail Corcoran, Hennepin County Dear Ms. McKeown: Thank you for the opportunity to review the plans for Park Place Storage Condominiums- Corcoran. MnDOT has reviewed the documents and has the following comments: Traffic: This proposed development, in conjunction with another in the SW quadrant of TH55 and Pioneer Trail, will add more traffic to an already busy intersection. In particular, heavy commercial traffic may struggle to find acceptable gaps to enter the highway from Pioneer Trail during peak periods. The City should consider a traffic study to evaluate the need for other traffic control at the intersection of MN 55 and Pioneer Trail. For questions regarding these comments, contact Eric Lauer-Hunt, West Area Traffic, at eric.lauer-hunt@state.mn.us or 651-234-7875. Water Resources: A MnDOT drainage permit will be required to ensure that current drainage rates to MnDOT right- of-way will not be increased. The drainage permit application, including the information below, should be submitted online to: https://dotapp7.dot.state.mn.us/OLPA/ The following information must be submitted with the drainage permit application: 1) A grading plan showing existing and proposed contours. 2) Drainage area maps for the proposed project showing existing and proposed drainage areas. Any off-site areas that drain to the project area should also be included in the drainage area maps. The direction of flow for each drainage area must be indicated by arrows. MnDOT Metropolitan District, Waters Edge Building, 1500 County Road B2 West, Roseville, MN 55113 3) Drainage computations for pre and post construction conditions during the 2, 10, 50 and 100 year rain events. 4) Time of concentration calculations. 5) An electronic copy of any computer modeling used for the drainage computations. 6) See also the attached Drainage Permits Checklist for more information. Once a drainage permit application is submitted, a thorough review will be completed and additional information may be requested. Please direct questions concerning drainage issues to Jason Swenson (651-234-7539) or Jason.Swenson@state.mn.us of MnDOT’s Water Resources section. Permits: In addition to the Drainage permit mentioned above, an access permit will be required. Additionally, any use of, or work within or affecting, MnDOT right of way will require a permit. Permits can be applied for at this site: https://olpa.dot.state.mn.us/OLPA/. Please upload a copy of this letter when applying for any permits. Please direct questions regarding permit requirements to Buck Craig of MnDOT’s Metro Permits Section at 651-775-0405 or Buck.Craig@state.mn.us. Review Submittal Options MnDOT’s goal is to complete reviews within 30 calendar days. Review materials received electronically can be processed more rapidly. Do not submit files via a cloud service or SharePoint link. In order of preference, review materials may be submitted as: 1. Email documents and plans in PDF format to metrodevreviews.dot@state.mn.us. Attachments may not exceed 20 megabytes per email. Documents can be zipped as well. If multiple emails are necessary, number each message. 2. PDF file(s) uploaded to MnDOT’s external shared internet workspace site at: https://mft.dot.state.mn.usmetrodevreviews.dot@state.mn.us. Contact MnDOT Planning development review staff at for uploading instructions, and send an email listing the file name(s) after the document(s) has/have been uploaded. If you have any questions concerning this review, please contact me at (651) 234-7797. Sincerely, Cameron Muhic Senior Planner Copy sent via E-Mail: MnDOT Metropolitan District, Waters Edge Building, 1500 County Road B2 West, Roseville, MN 55113 Buck Craig, Permits Lance Schowalter, Design Jason Swenson, Water Resources Eric Lauer-Hunt, Traffic Brandon Nelson, Surveys Andrew Lutaya, Area Engineer Doug Nelson, Right-of-Way Jason Junge, Transit Mackenzie Turner Bargen, Multimodal Jesse Thornsen, Multimodal Russell Owen, Metropolitan Council CityofGreenfieldCityofMapleGroveCityofMedinaCityofRogersBechtoldRdPioneerTrlTrailHavenRdCountyRoad116CountyRoad30SchutteRdOakdale DrCountyRoad10HorseshoeTrlCountyRoad50LarsenRdWillowDrHunterRdCountyRoad19HomesteadTrlCainRdRollingHillsRdCountryRdMohawkDrLarkinRdFoxlineDrStrehler RdDasselLnOld Settlers RdStiegRdKalkRdMeisterRdMapleHillRd93rdAveNTessmerRdBlueBonnetDrJubertLn10501930116101117BrocktonLnN109thAveN10155HackamoreRdMorinLakeScottLakeJubertLakeGooseLakeCookLakeRushCreekRushCreekSouthForkRushCreekSouthForkRushCreekThemethodandtimingofregional wastewater service tobe determined through future study.6/21/20226/21/20221/25/20261/25/20261/22/20236/21/20224/28/20211/22/20235/26/20201/22/20201/21/20215/26/202010/202012/13/224/27/20224/27/20224/22/20203,00003,0001,500FeetPath: L:\2294\100\2040CompPlan\2040 Future Land Use.mxdDate: 8/7/2019 Time: 8:03:42 AM User: ShuJC024351 !!!!!!!!!!!!!! !!!!!!!!!!!!!!! ! !!!! !!!!!!!!!! !! !! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!! !!!!!!!!! ! !!! !!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!! ! ! !!! ! ! ! ! ! ! !!!!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! !!!!!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!! ! ! !! ! ! ! ! !!!!!!!!!!! !!!!!!!!! ! !!!!!!!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!! !!!!!! ! ! !!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! !!!!!!!!! !!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! !!!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! !! !!!!!!!!!!!!!!! !!!!!!!!!!!!!!! ! ! !!!!!!!!!!!! ! !!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! !!!!!! ! ! ! !! ! ! !!!!!!!!!!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! !!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!! !! !!!!!!!!!!!!!!!!!!!!!!!!!!!î î î s s òñð òñð ñ ñ ï ï î î s ñ ï 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 TOWNSHIP OF HASSAN CITY OF GREENFIELDCITY OF MAPLE GROVESCOTT LAKEBECHTOLD ROAD$+ $+ $+ $+ $+ $+ $+ $+ MORIN LAKE GOOSE LAKE COOK LAKE RUS H C R E E K Official Zoning Map 3,000 0 3,0001,500 Feet Zoning Districts: UR Urban Reserve RR Rural Residential RSF-1 Single Family Residential 1 RSF-2 Single Family Residential 2 RSF-3 Single and Two Family Residential 3 RMF-1 Medium Density Residential RMF-2 Mixed Residential RMF-3 High Density Residential MP Manufactured Home Park P-I Public / Institutional TCR Transitional Rural Commercial CR Rural Commercial C-1 Neighborhood Commercial C-2 Community Commercial DMU Downtown Mixed Use GMU General Mixed Use BP Business District I-1 Light Industrial PUD Planned Unit Development ï Cemetery î ChurchsGolf Course ñ Government Building òñð Public Park !! !!!2040 Metropolitan Urban Service Area City Limit Open Water Shoreland Overlay District Adopted June 2011 19 10 30 116 101 50 19 10 ± Updated September 2020 Image #1: Representative image of the proposed office/warehouse buildings.Image #2: Representative image of the proposed office/warehouse buildings. Image #3: Representative image of the proposed office/warehouse buildings.Image #4: Representative image of the proposed mini storage/self storage buildings. 10.29.2021 Highway 55 Business Park Concept Plan • Corcoran, MN Architectural Images Memo To: Kevin Mattson, City of Corcoran From: Kent Torve, City Engineer Steve Hegland, PE Project: Hwy 55 Business Park Date: 2/16/22 Exhibits: This Memorandum is based on a review of the following documents: 1. Concept Plan N, prepared by Carson McCain, revision Dated 2/11/22 Comments: General: 1. Comments provided are high level comments based on the concept plan schematic provided. Additional comments should be anticipated on future submittals on the details of the development. 2. In addition to engineering related comments per these plans, the proposed plans are subject to additional planning, zoning, public safety, and all other applicable codes and standards of the City of Corcoran. 3. It is understood that the development plan will require an EAW to be completed by the City. A previous AUAR was completed by the City in 2005. If the project were to proceed, the full scope of the environmental review will be determined. Plat: 1. The applicant shall show all drainage and utility easements and meet all platting requirements met per the City Code. Drainage and utility easements shall be provided as standard per City requirements. 2. Easements will be required over all 100-year High Water Elevations and all areas in which shared runoff is conveyed, either through swales or pipes. 3. Easements should be provided over all infrastructure used for the conveyance and treatment of stormwater. 4. Easements should be provided over any/all public infrastructure if applicable. 5. All existing easements for access to the site should be provided to the City for review. 6. The applicant is showing a 50 foot ROW along Highway 55 which is consistent with previous dedications. This shall be confirmed with MNDOT. 7. The ROW dedication along Pioneer Trail should be a 40 foot half ROW. 8. Street A ROW is shown at 80 feet as requested by the city. The 80’ ROW is requested to allow for space for turn lanes as well as additional room for utilities to be added to this area once they are available to these lots. February 16, 2021 Hwy 55 Concept Kevin Mattson Page 2 of 3 Erosion Control/SWPPP 1. Preparation of an erosion control plan of and compliance with an SWPPP shall be required for construction. Transportation 1. In accordance with code all parking areas shall have a perimeter curbing and paved parking. 2. It anticipated that Road A will be a Public Roadway which would ultimately extend to Rolling Hills Road. 3. It is anticipated that turn lanes into and out of the development will be necessary at Pioneer Trail and Street A. Additional offsite impacts and mitigation measures will be reviewed with the EAW. 4. The proposed roadway connects to Pioneer Trail which is identified as a collector roadway on the comprehensive plan and is a designated State Aid Route. 5. Fire access and emergency access to the site should be reviewed by public safety. 6. The extension of Street A to the east should be considered by the City with the proposed development. 7. Street A should be extended to the eastern property line unless there are circumstances that would not allow this to be completed. 8. The traffic study should be performed with the EAW to determine impacts on the roadway system and what if any improvements may be necessary. 9. All streets and infrastructure shall be constructed to the city standards as identified in the Engineering Design Standards. Grading /Stormwater 1. A stormwater management plan shall be provided to confirm that stormwater management is in accordance with City of Corcoran and Elm Creek Watershed Management Commission Standards. 2. The City’s Stormwater Guidelines shall be used for stormwater systems and modeling. 3. WMO typically requires that the model P8 or a similar calculation to demonstrate that the site meets the total phosphorous and total suspended solids reduction standards for all treatment practices. 4. Provide a hydraulic stormwater model to ensure that the proposed development meets all required rate control standards and does not adversely impact surrounding properties. 5. Water from the site appears to mostly discharge to the Northwest and south across Hwy 55. Small portions of the site discharge to the southeast and northeast as well. Grading on the site should be in such a manner as to control all reasonable runoff from the site February 16, 2021 Hwy 55 Concept Kevin Mattson Page 3 of 3 and water shall not be discharged at a higher rate onto any portion of an adjacent property than which discharged during the existing conditions. 6. The majority of the site drains onto private property to the north to Jubert Lake. The stormwater management plan should ensure no impacts onto adjacent properties and may require analysis downstream to show this. 7. The city may work with the applicant to limit discharge to the northeast of the development if it is feasible within the overall development plans. 8. If filtration is required for the site, the City strongly prefers a NURP pond with filter bench (offset to one side of the pond) be used. Watermain/Sanitary Sewer 1. The applicant shows concept septic sites for lots 1-4. It is assumed that no sewer or domestic water will be required for the storage facility in Lot 5. 2. Public Safety should review the need for any current or future fire protection within the property. 3. Installation of sewer and water utilities through the development for future connection to the city system shall be considered with the development. If utilities are not installed at the time of the initial development, a utility corridor should be identified and preserved with easements to ensure utilities can but provided to the development in the future without requiring the reconstruction of the roadway. 4. Septic sewer placement is reviewed and approved by Hennepin County. 5. The applicant should strongly consider a community well and water system for fire suppression for the facilities. This well could be constructed to a municipal standard to allow for the well and infrastructure to be transitioned to a public system once it can be connected to the larger Corcoran Water System. End of Comments Page 1 of 1 CITY OF CORCORAN 8200 County Road 116, Corcoran, MN 55340 763.420.2288 E-mail - general@ci.corcoran.mn.us / Web Site – www.corcoranmn.gov Memo To: Planning (Planners Lindahl and Davis) From: Lieutenant Burns Date: February 4, 2022 Re: City File 21-047 Corcoran Hwy 55 Business Park A Public Safety plan review meeting was held on February 2, 2022. In attendance were: Lieutenant Ryan Burns, Planner Davis McKeown, Fire Chief Feist, Fire Chief Malewicki, Building Official Geske, and Construction Services Specialist Pritchard. The comments below are based on the concept plans received by the City on February 2, 2022 and are intended as initial feedback as further plan review will need to be completed as construction plans are available. 1. The parking lots for Lots 3 and 4 should be designed to allow for fire truck circulation around the buildings. 2. Fire truck circulation within the lot for Park Place Storage will need to be addressed with a circulation map. The applicant should keep in mind that the 90-degree corners as depicted in the concept plan are very difficult for emergency vehicles to navigate, so the buildings may need to be shorter than what is currently shown. The applicant may want to consider splitting up larger buildings to allow for better circulation. Additionally, there will need to be passable lanes to accommodate two-way traffic. 3. The Public Safety team would like a better understanding of any plans to sprinkle the proposed storage buildings. Since there is no municipal water available, a majority of these structures will need to be sprinkled with an approved on-site water source. The stormwater pond cannot be used for fire suppression. Firewalls could reduce the need for a sprinkler system. 4. A waiver to the hydrant requirement is subject to review and approval from the Fire Chief. f:\jobs\9821 - 9840\9824 - landspec - corcoran\cad\engineering\concepts\_corcoran - concept n_220211.dwgSave Date:02/11/221of1 CONCEPT PLAN N LANDSPEC USA 5229 Minnetoga Terrace Minnetonka, MN 55343REVISIONSDRAWN BY:DESIGNED BY:ISSUE DATE:JTRJTR10/05/21PIONEER TRAIL INDUSTRIAL PARK Corcoran, MinnesotaNOTES1. 02/11/22 80' RIGHT OF WAY Product Specification Profile: Exterior: Flat Interior: Shadowline Embossing: Exterior: Azteco Interior: Stucco or non-embossed Gauge: Exterior: 24, 22 ga Interior: 26, 24, 22 ga Width: 24”, 30”, 36”, 42” Thickness: 2”, 2.5”, 3”, 4”, 5”, 6” Length: 8’ - 53’ Reveal option: Vertical: 1/8” Horizontal: 1/8” or 3/8” Orientation: Vertical or horizontal Post fabrication: Trimless ends, folded corners R-value: ≈ 7.2 per inch per ASTM C518 @ 75˚F ≈ 8.25 per inch per ASTM C518 @ 35˚F Applications Azteco pre-engineered wall systems deliver an attractive and affordable panel choice. Azteco panels, horizontally or vertically applied, use a patented double seal integrated joint. Standard reveals are 1/8” for vertical applications, and 3/8” for horizontal applications. Azteco panels are suitable for new and retrofit applications across the cold storage, commercial and industrial market sectors. Design Features The foamed-in-place manufacturing process produces superior panels of consistent high quality that arrive to site ready for quick and easy installation, saving up to 50% in on-site construction time. Panels are available with optional factory- caulked side joints to save erection labor (not available for cold storage applications). 1 Customer Options Kingspan offers a full spectrum of vibrant colors for every color scheme. The high performance coatings provide long-life protection, color and gloss retention. Custom color matching is available to meet individual building designs and creative freedom. 24” - 42” Shadowline Azteco Interior face Exterior face 2”-6”KS Azteco Data Sheet Insulated Wall Panel System Kingspan’s single component systemscan increase speed of buildby up to 50% Azteco embossing Test Procedure Results Fire FM-4880 Passed: Class 1 Fire Rating of Insulated Wall or Wall and Roof / Ceiling Panels, Interior Finish Materials or Coatings, and Exterior Wall Systems ASTM E84 Flame Spread: 25 or Less / Smoke Developed: 450 or Less CAN/ULC-S101 Fire Endurance Tests: 10 min and 15 min stayed in place CAN/ULC-S102 Flame Spread: 5 / Smoke Developed: 135 for panel with facings CAN/ULC-S127 Flame Spread <500 for foam core CAN/ULC S138 Passed: Fire growth of foamed plastic insulated building panels in a full scale room configuration CAN/ULC-S134 Passed: Standard method of test for fire of exterior wall assemblies NFPA 259 Tested for potential heat of building materials NFPA 268 Passed: Standard test method for determining ignitability of exterior wall assemblies using a radiant heat energy source NFPA 285 Passed: Standard Fire Test Method for Evaluation of Fire Propagation Characteristics of Exterior Non-Load-Bearing Wall Assemblies Containing Combustible Components Structural FM-4881 Passed: Class +110/-154 Zone H Class +100/-140 Zone HM – LM ASTM E72 Vacuum chamber tested. Panel load / span and deflection tables are available Thermal ASTM C518 Transmission Air Infiltration ASTM E283 0.003 CFM/ft2 of Panel Area at 6.24 psf Water ASTM E331 No uncontrolled water penetration at 20 psf differential pressure AAMA 501.1 Dynamic water pressure testing – no sign of water leakage at 15 psf Fatigue Cyclic test to positive The panels exceeded 2 million alternate cycles without failure or and negative damage wind loading to ± L /180 deflection Bond Strength ASTM D1623 Panels tested for tensile bond strength of metal to foam Sample placed in an autoclave device and pressurized to 2 PSI at 212 °F for 21/2 hours Skin Delamination No skin delamination with direct pull off pressure up to 1188 psf 2 Performance Testing and Approvals Kingspan insulated panels meet specific building envelope performance criteria and requirements stipulated by US and Canadian building codes. Panels are tested in accordance with UL, ULC, FM and ASTM approval standards, testing methods and procedures. Kingspan insulated panels are listed by FM Global and Warnock Hersey. KS Azteco Data Sheet Insulated Wall Panel System Kingspan North America DeLand, FL: 386-626-6789 Modesto, CA: 209-531-9091 Caledon, ON: 905-951-5600 Langley, BC: 604-607-1101 www.kingspanpanels.com For the product offering in other markets please contact your local sales representative or visit www.kingspanpanels.com Care has been taken to ensure that the contents of this publication are accurate, but Kingspan Limited and its subsidiary companies do not accept responsibility for errors or for information that is found to be misleading. Suggestions for, or description of, the end use or application of products or methods of working are for information only and Kingspan Limited and its subsidiaries accept no liability in respect thereof. Issue 2: 12/2017 Thermal Performance at 75˚ Thickness K-Factor R-Value 2 0.07 14.4 2.5 0.06 18.0 3 0.05 21.6 4 0.03 28.8 5 0.03 36.0 6 0.02 43.2 Thermal Performance at 35˚ Thickness K-Factor R-Value 2 0.06 16 2.5 0.05 20 3 0.04 24 4 0.03 32 5 0.03 40 6 0.02 48 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 www.landform.net Landform® and Site to Finish® are registered service marks of Landform Professional Services, LLC. Agenda Item: ___ TO: Corcoran City Council FROM: Nicholas Ouellette Kendra Lindahl, Landform DATE: November 17, 2021 for the November 22, 2021 City Council Meeting RE: Concept Plan for Corcoran Highway 55 Business Park (PID 32-119-23-34-0013, 32-119-23- 34-0007, 32-119-23-43-0005 and 32-119-23-43-0006) (city file no. 21-047) REVIEW DEADLINE: December 28, 2021 1. Description of Request John Rausch has submitted a request for review of a concept plan to develop a five-lot business park, consisting of 10 buildings and a new frontage road. The site exists as undeveloped property today. 2. Background The City of Corcoran completed an AUAR for Southwest Corcoran in 2005. The AUAR included this site, but the AUAR was not updated as required and has since expired. On August 24, 2006, the City Council approved a preliminary plat, preliminary PUD development plan, rezoning and comprehensive plan amendment to allow development of approximately 545,000 square feet of industrial and commercial space on this approximately 55-acre site. This approval included construction of a traffic signal at Pioneer Trail and Highway 55 and included the extension of municipal sanitary sewer and water from the City of Medina. On April 12, 2007, the City Council approved a final plat and final PUD development plan for “Corcoran Business Park”. The project did not proceed and all approvals have expired. 3. Context Zoning and Land Use The 56.64-acre site is guided Light Industrial. Three parcels are zoned Light Industrial (I-1) district and the northwest parcel is zoned Urban Reserve (UR) district. The land is vacant. The site is located in the Metropolitan Urban Service Area (MUSA) and is part of the Future Study Area for sanitary sewer identified in the Comprehensive Plan. Surrounding Properties The site is bordered by Highway 55 and the City of Medina to the south. All surrounding properties to the north, east and west are located within the MUSA. Properties to the north, northeast and northwest Highway 55 Business Park (20-047) 2 November 22, 2021 of the site are guided Existing Residential and Low Density Residential. Properties to the east and west are guided Light Industrial. Natural Characteristics of the Site There are no natural resources identified in the NRI. However, there are four delineated wetlands on site. 4. Analysis Concept Plan The applicant is proposing a concept plan for a five-lot business park at the northeast corner of Highway 55 and Pioneer Trail. Four of the lots are warehouse/office uses and the fifth lot is a proposed mini storage/self storage facility. Ten buildings are proposed on the concept plan: six buildings would comprise the mini storage/self storage facility and the remaining four buildings are warehouse/office buildings on individual lots. A proposed frontage road will provide access to the five lots from Pioneer Trail. The applicant indicated in their narrative that only the mini storage/self storage facility on Lot 5 and the warehouse/office building on Lot 4 are planned for construction. The applicant should provide a phasing plan for development of the entire business park. A rezoning will be required to change the zoning of the smallest lot from UR district to I-1 district. The rezoning would be consistent with the future land use. However, Section 1040.125, Subd. 1, of the Zoning Ordinance states, “New development within this district will be allowed only when a full range of municipal services and facilities are available to serve the area.” Municipal services are not available to the site; therefore, a variance will be required to allow development in advance of municipal service availability. • The Council should discuss whether this development is premature prior to availability of municipal sanitary sewer and water. Warehouse/office uses are permitted in the I-1 district. Mini storage/self storage facilities are a permitted as a conditional use in the I-1 district and will require a conditional use permit application from the developer. Premature Subdivision Section 925 of the Subdivision Ordinance says that “Any proposed subdivision deemed premature for development shall not be approved by the City Council. A subdivision shall be deemed premature if the Council determines that any of the following conditions exist. The burden of proof shall be upon the subdivider to show that the proposed subdivision is not premature.” Highway 55 Business Park (20-047) 3 November 22, 2021 If the Council finds any of the following, the Council should deem the development premature: Subd. 1. Inconsistent with the Comprehensive Plan. A proposed subdivision may be deemed premature if it is inconsistent with the purposes, objectives, development staging plan, or recommendations of the City’s Comprehensive Plan, as may be amended. Application for reguiding and/or rezoning may be made simultaneously with an application for subdivision approval, however, a subdivision application will not be considered for approval by the City Council until and unless any necessary reguiding and/or rezoning application is approved by the Council. • Staff finds that the proposal is consistent with the Light Industrial and use designation. It is in Stage 3 (2030-2035) of the sanitary sewer staging plan and in the Future Study Area for sanitary sewer, but the developer indicates that this project would not require municipal services and a Comprehensive Plan amendment to change the staging plan would not be needed. Subd. 2. Inconsistent with the Capital Improvements Program. A proposed subdivision may be deemed premature if it is inconsistent with the capital improvements program because public improvements, facilities, or services necessary to accommodate the proposed subdivision would not be completed within two years of the date of application. • Public sanitary sewer and water is not available and would not be available within two years, however, the applicant would provide private services to serve the project and would connect to municipal services in the future. The applicant would construct the planned Highway 55 frontage road as part of this project to provide street infrastructure consistent with the Capital Improvements Program. Subd. 3. Lack of Adequate Water Supply. A proposed subdivision shall be deemed to lack adequate water supply if the proposed subdivision does not have adequate sources of water to serve the proposed subdivision if developed to its maximum permissible density without causing an unreasonable depreciation of existing water supplies for surrounding areas. Within the urban service boundary, a proposed subdivision may be deemed premature if public water is not available to serve the proposed subdivision. • Public water supply is not available and would not be available within two years. However, the development plan appears to be consistent with urban density and could be connected to municipal water supply when available. Subd. 4. Lack of Adequate Waste Disposal Systems. A proposed subdivision shall be deemed to lack adequate waste disposal if there is inadequate on-site sewer capacity to support the subdivision if developed to its maximum permissible density. Within the urban service boundary, a proposed subdivision may be deemed premature if: A. Sanitary sewer is neither available nor proposed; or B. Available or proposed sanitary sewer is inadequate to support the subdivision if developed to its maximum permissible density after reasonable sewer capacity is reserved for schools, public facilities, and other developments planned within five years of the date of application. • Public sanitary sewer is not available and would not be available within two years. However, the development plan appears to be consistent with urban density and could be connected to municipal water supply when available. Highway 55 Business Park (20-047) 4 November 22, 2021 Subd. 5. Lack of Adequate Streets to Serve the Subdivision. A proposed subdivision may be deemed premature if: A. Streets which serve the proposed subdivision are of such a width, grade, stability, vertical and horizontal alignment, site distance or surface condition that the traffic volume generated by the proposed subdivision would create a hazard to public safety and general welfare, or would seriously aggravate an existing hazardous condition; or B. The traffic volume generated by the proposed subdivision would create congestion or unsafe conditions on existing or proposed streets. • The developer would build the required public streets to serve the development. A traffic study would be completed as part of the required Environmental Assessment Worksheet (EAW). Subd. 6. Lack of Adequate Drainage. A proposed subdivision may be deemed premature if: A. Surface or subsurface water retention and runoff is such that it constitutes a hazard to the stability of proposed or existing structures; or B. The proposed subdivision would cause pollution of water sources or would cause damage from erosion or siltation on downstream property; or C. Factors including, but not limited to, the presence of floodplain, poor soils or subsoils, or steep slopes exist in such a manner as to preclude adequate site drainage or treatment of runoff. • The developer would comply with state, watershed and local requirements for drainage. Subd. 7. Inconsistent with Environmental Requirements. A proposed subdivision may be deemed premature if it is inconsistent with the rules and policies of the Minnesota Environmental Quality Board, as may be amended, and could adversely impact critical environmental areas, or potentially disrupt or destroy, in violation of State historical preservation laws, historic areas which are designated or officially recognized by the City Council. • As part of any project, the City would complete an EAW as required by the Environmental Quality Board (EQB) and any development would be subject to the mitigation standards from that analysis. The project is premature without municipal sanitary sewer and water; however, the Council could find that with provision of temporary well and septic systems to serve the development and an agreement to connect to municipal sewer and water when available and agreement to pay all infrastructure costs for those services would allow urban development consistent with the Comprehensive Plan. If so, the Council would direct the applicant to apply for a variance to allow development in advance of municipal services. • This is a significant policy issue for the City Council. Unlike the Garages Too application, which did not require sewer and water, this project cannot develop without sewer and water services. Several other landowners in this area have expressed an interest in developing and support for development on this site will likely result in variance requests to allow development on other sites in this area in advance of municipal sewer and water. Highway 55 Business Park (20-047) 5 November 22, 2021 Lot Standards and Building Setbacks Lot standards for the I-1 district are as follows: Minimum lot area 1 acre Minimum lot width 100 ft. Minimum lot depth 200 ft. Setbacks Front, from major roadways 100 ft. Front, from all other streets 50 ft. Side 20 ft. Rear 20 ft. Adjacent to residential 50 ft. Maximum Principal Building Height 45 ft. Maximum impervious surface coverage 70% Street A will provide frontage for all lots in the business park. The applicant must dimension building, parking, and drive aisle setbacks on plans to ensure they comply with the above standards. The buildings shown on the concept plan appear to comply with setback standards for the I-1 district. The five proposed lots range in size from 2.8 to 27.3-acres in size and generally exceed the lot area, width and depth requirements for the I-1 district. Access/Streets The Southwest District Design Guidelines indicate that future driveways and other direct access from new developments to State Highway 55 shall not be permitted. Access to the business park would be provided through the Street A frontage road that connects with Pioneer Trail to the west of the site. The Southwest District Design Guidelines show the frontage road extending east to connect with Rolling Hills Road. All proposed lots will have access from Street A. This street is proposed in accordance with the Southwest District Design Guidelines, which states: Driveways and other direct access from new developments to State Highway 55 shall not be permitted. New access roads shall be provided for access to properties that currently front the highway. Street A is approximately 36 ft. wide and has a 66 ft. wide right-of-way. The City Engineer has noted a right-of-way width of at least 60 ft. is anticipated to accommodate the proposed frontage road, but would be evaluated as part of the EAW MnDOT reviewed the plans and noted concerns about traffic at the Highway 55/Pioneer Trail intersection. They recommended that a traffic study be completed. Staff would complete a traffic study as part of the EAW. A copy of their letter is attached. Highway 55 Business Park (20-047) 6 November 22, 2021 The City Engineer anticipates turn lanes into and out of the development will be necessary at the intersection of Pioneer Trail and Street A. A traffic signal was reviewed in 2005 and will be reviewed again for this development in coordination with MnDOT and the City of Medina. Additional offsite impacts will be reviewed as part of the EAW. Overlay Districts There are four wetlands on the site which are regulated by the standards in Section 1050.010, the “Wetland Overlay District.” The site plan does show the development of buildings, drive aisles and stormwater ponds over two of the wetlands. There are no Floodplain or Shoreland Overlay districts on this site. The proposed development is subject to the performance standards in the Southwest District Design Guidelines in Appendix A of the Zoning Ordinance. Buildings/Architecture There are ten buildings shown on the concept plan. The warehouse/office buildings are shown as buildings 1-4 and the mini storage/self storage buildings are shown as buildings A-F. The square footage for each building is as follows: Building Building Footprint (sq. ft.) Building 1 (Lot 1) 25,000 Building 2 (Lot 2) 12,000 Building 3 (Lot 3) 66,000 Building 4 (Lot 4) 100,000 Total Warehouse/Office 203,000 Building A (Lot 5) 24,500 Building B (Lot 5) 24,500 Building C (Lot 5) 100,000 Building D (Lot 5) 100,000 Building E (Lot 5) 88,000 Building F (Lot 5) 42,000 Total Mini Storage/Self Storage 379,000 TOTAL (All Buildings) 582,000 The applicant has not provided detailed elevations for the proposed buildings but has provided photos to represent the architectural style of the buildings. Section 1060.050, Subd. 1(C), provides standards for buildings in non-residential zoning districts. These appear to comply with ordinance standards. Parking The concept plan shows parking and drive aisle for the four warehouse/office buildings on Lots 1 through 4. Loading areas for the buildings on Lots 1-4 are situated between the proposed buildings and Highway 55 Business Park (20-047) 7 November 22, 2021 Street A. No parking is shown for the mini storage/self storage facility on Lot 5. The applicant should describe the plan for parking at the mini storage/self storage facility. If customers are to park in front of their units, plans should show enough separation between buildings that would be adequate for parking in front of a unit and to allow traffic to pass unobstructed. Parking and drive aisles must be setback 50 ft. from all other streets and 10 ft. from the side and rear property lines. The parking and drive aisles appear to comply with this requirement; however, the loading areas on Lots 1-4 appear do not appear to comply with the 50-foot minimum setback. Section 1060.060, Subd. 3(B.9) stipulates that off-street loading areas are prohibited within 300 ft. of residentially zoned or guided property unless they are screened by an intervening building. Loading areas not requiring screening by an intervening building shall be screened from adjacent residentially zoned or guide property by the use of berms, fences, or walls to provide 100% opacity to a height of at least 10 ft. This may impact the loading area on Lots 1 and 2 which appear to be within 300 ft. of residentially zoned properties across proposed Street A to the north. Landscaping No landscaping is depicted on the concept plan. The Southwest District Design Guidelines recommend landscaping should be designed to work with the existing topography of the area, preserving the rolling hills and natural view corridors. The site will also be subject to the landscape standards in Section 1060.070 which requires the following: - One overstory tree per 1,000 sq. ft. of gross building floor area or one tree per 50 lineal feet of site perimeter, whichever is greater. - One understory shrub for each 300 sq. ft. of building or one tree per 30 lineal feet of site perimeter, whichever is greater. - The planting screen shall consist of hardy trees that will provide a minimum of 80% opacity year-round. Planting screens shall contain a mix of overstory and understory planting and a mix of deciduous and coniferous materials. The proposed concept would be required to plant approximately 155 trees and 258 shrubs, based on an estimated site perimeter of 7,725 linear feet. Property lines along the north, northeast and northwest perimeter of the site would also be required to plant screening to buffer from adjacent residential districts. Utilities The site is located in the Metropolitan Urban Service Area (MUSA) and is shown within a future study area for the SW District proposed trunk sanitary sewer system. The I-1 district states that “New development within this district will be allowed only when a full range of municipal services and facilities are available to serve the area.” The applicant would be requesting a variance to allow development in advance of municipal sanitary sewer and water. The Council must decide whether or not this development is premature without municipal sewer and water. Highway 55 Business Park (20-047) 8 November 22, 2021 If the Council supports development in advance of municipal sewer and water, the applicant will provide wells and septic systems to serve the development. Septic locations are delineated on the concept plan for Lots 1-4. The applicant must obtain preliminary approval of the septic locations from Hennepin County Public Health prior to submittal of a final plat application. Lot 5 is the mini storage / self storage and does not show any septic facilities. However, staff notes that this site is planned for the development of Park Place storage and that site does have septic service. The applicant should provide more information about why well and septic is not required for this site and how fire suppression would be provided. No public utilities are available to the site and the frontage road would be constructed without utilities below ground. The City Engineer recommends a utility corridor be identified on plans to allow for the future installation of utilities without requiring reconstruction of the road. Stormwater The applicant has proposed two stormwater ponds. One pond is located on Lot 5 and the other pond is located on both Lot 2 and Lot 3. As part of a development review plan, the applicant would be required to comply with state, watershed and local stormwater standards. Public Safety Public Safety Committee reviewed the plans and provided initial feedback. The committee noted that firetruck circulation that should be addressed with a circulation map and requested the applicant provide details for fire suppression in buildings with future plans. Environmental Assessment Worksheet (EAW) An EAW is required for the project as the gross square footage of industrial space (582,000 sq. ft.) exceeds the EAW threshold of 300,00 sq. ft. If the Council supports the concept shown by the applicant, City staff would begin work on an EAW for the site. Staff would provide the applicant with a cost estimate and upon receipt of the required escrow would begin the EAW process. No formal development application (preliminary plat, site plan, etc.) may be reviewed until the EAW process is complete. Conclusion The proposed uses are consistent with the planned future land use in this district. The policy question for Council is whether or not the project is premature and should be delated until municipal services are available to the site. Highway 55 Business Park (20-047) 9 November 22, 2021 Development in the MUSA is deemed premature until municipal sanitary sewer and water are available. However, the Council has approved a variance to allow the expansion of the Park Place Storage on County Road 19 and recently approved Garages Too self storage east of this site. The Council has discretion in allowing development in the MUSA without sewer and water and should weigh the impact of allowing development now rather than when infrastructure is available. If the Council indicates support for the application, the next step would be for the applicant to submit applications for: 1. EAW 2. Rezoning, Preliminary Plat, Conditional Use Permit and Variance (for development in advance of municipal services) 3. Final Plat 5. Recommendation Staff recommends that the City Council review and discuss the concept plan and provide the applicant with informal comments. Any opinions or comments provided to the applicant by the City Council are considered advisory only and shall not constitute a binding decision on the request. Attachments 1. Site Location Map 2. Concept Plan dated October 19, 2021 3. Applicant Narrative dated October 19, 2021 4. City Engineer’s memo dated November 15, 2021 5. Public Safety Memo dated November 16, 2021 6. MnDOT letter dated November 4, 2021 7. Future Land Use Map 8. Zoning Map 9. Southwest District Plan 10. Architectural Images Hennepin County Natural Resources Map Date: 11/11/2021 Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is not suitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2021 1 inch = 400 feet Legend Wetlands Potential Wetland - HCWI Probable Wetland - HCWI Probable Wetland - NWI PID: 3211923340013 Address: 6210 Pioneer Tr, Corcoran 55357 Owner: Landspec Fund 2 Llc Acres: 9.81 ¯ f:\community\radach, joe\temp projects\northmarq\corcoran - pioneer trail\concepts\_corcoran - concept o_211019.dwgSave Date:10/19/211of1 CONCEPT PLAN O LANDSPEC FUND 2, LLC 5229 Minnetoga Terrace Minnetonka, MN 55343REVISIONSDRAWN BY:DESIGNED BY:ISSUE DATE:JTRJTR10/19/21CORCORAN HWY 55 BUSINESS PARK Corcoran, MinnesotaNOTES Park Place Storage Condominiums Inc. Site Address: Highway 55 and Pioneer Trail, Corcoran, MN October 19, 2021 Park Place Storage Condominiums Inc. has eight facilities around the Twin Cities including the existing Corcoran site on Highway 19. We continually strive to improve the existing facilities while building new improved facilities with added amenities. The proposed parcel is a 27 acre lot at the intersection of Highway 55 and Pioneer Trail along the future North frontage road. The Developer will engineer the site to hook up to utilities when they are available. This proposal is for 6 buildings with an estimated 380,000 square feet of buildings with an estimated $66,000,000 valuation upon completion. The buildings will all face into the property with no exposed garage doors and minimal light at the property boundary. The unit sizes will range from 500- 1800 sf and are owned as a condominium similar to our other locations. The units include heat, water, electrical and WIFI. The site is gated, fenced with video security around the entire property with an option for security in the unit as well. There will not be any Residential or outside storage available on the property. The entire property is covered by a “dry” fire sprinkler system. This facility will also have an indoor RV wash station for owners use only. We believe the very low impact of our use combined with excellent project screening makes this an ideal project for the City of Corcoran. We would like to thank you for the last 20+ years and look forward to the next 20+ years and thank you for the consideration of our project. Paul Jorgensen President Park Place Storage Condominiums Inc. 952-250-2163 Memo To:Kevin Mattson, PE, Public Works Director From:Kent Torve, City Engineer Steve Hegland, PE Project:Hwy 55 Business Park Concept Date:November 15, 2021 Exhibits: This Memorandum is based on a review of the following documents: 1. Concept Plan O, prepared by Carlson McCain, 10/19/21. 2. Concept Plan O Neighborhood Context Plan, prepared by Carlson McCain, 10/19/21. 3. Project Development Narrative, New Warehouse/Storage Facility 22400 State Highway 55, Dated 01/13/21. Comments: General: 1. Comments provided are high level comments based on the concept plan schematic provided. Additional comments should be anticipated on future submittals on the details of the development. 2. In addition to engineering related comments per these plans, the proposed plans are subject to additional planning, zoning, public safety, and all other applicable codes and standards of the City of Corcoran. 3. The development plan will require an Environmental Assessment Worksheet (EAW) or potentially Alternative Urban Area-Wide Review (AUAR) to be completed by the City. A previous AUAR was completed by the City in 2005. If the project were to proceed, the full scope of the environmental review will be determined. The EAW/AUAR process includes study of infrastructure components typical of a City Feasibility Study for developments. Plat: 1. Plans shall show all drainage and utility easements and meet all platting requirements per the City Code. Drainage and utility easements shall be provided as standard per City requirements. 2. Easements should be provided over all infrastructure or swales used for the conveyance and treatment of stormwater. 3. Easements should be provided over any/all public infrastructure if applicable. 4. Any existing easements should be provided to the City for review. Easement vacation requires a separate City process. November 15, 2021 Hwy 55 Concept Kevin Mattson Page 2 of 3 Transportation 1. It anticipated that Street A will be a public roadway which would ultimately extend to Rolling Hills Road. 2. The ROW width shall be further determined but is anticipated to be at least 60’. 3. It is anticipated that turn lanes into and out of the development will be necessary at Pioneer Trail and Street A. Additional offsite impacts and mitigation measures will be reviewed with the EAW/AUAR. A traffic signal was reviewed in 2005 and will be reviewed with this development in coordination with MnDOT and Medina. 4. The proposed roadway connects to Pioneer Trail which is identified as a collector roadway on the Corcoran Comprehensive Plan and is a designated State Aid Route. 5. In accordance with code all parking areas shall have perimeter curbing and paved parking. 6. Fire access and emergency access to the site should be reviewed by Public Safety. 7. The extension of Street A to the east should be considered by the City with the proposed development. 8. The traffic study should be performed with the EAW/AUAR to determine impacts on the roadway system and what if any improvements may be necessary. The following intersections are anticipated to be studied at a minimum; a. Hwy 55 and Rolling Hills Road b. Hwy 55 and Pioneer Trail c. Hwy 55 and County Road 19 d. Hwy 55 and Town Line Road e. Rolling Hills Road and Horseshoe Trail f. County Road 19 and Pioneer Trail 9. All streets and infrastructure shall be constructed to City standards. Grading /Stormwater 1. A stormwater management plan shall be provided to confirm that stormwater management is in accordance with City of Corcoran and Elm Creek Watershed Management Commission Standards. 2. Preparation of an erosion control plan of and compliance with an NPDES SWPPP shall be required for construction. 3. The City’s Stormwater Guidelines shall be used for stormwater systems and modeling. 4. The WMO typically requires that the model P8 or a similar calculation to demonstrate that the site meets the total phosphorous and total suspended solids reduction standards for all treatment practices. 5. Provide a hydraulic stormwater model to ensure that the proposed development meets all required rate control standards and does not adversely impact surrounding properties. 6. Drainage from the site appears to primarily discharge to the north/northwest to Jubert Lake and south across Hwy 55. Small portions of the site discharge to the southeast and November 15, 2021 Hwy 55 Concept Kevin Mattson Page 3 of 3 northeast as well. Grading on the site should be in such a manner as to control runoff from the site and water shall not be discharged at a higher flowrate onto any portion of an adjacent property than which discharged during the existing conditions. 7. The majority of the site drains onto private property to the north towards Jubert Lake. The stormwater management plan should ensure no impacts onto adjacent properties and may require analysis downstream. Property considerations for drainage management will be coordinated with the City as the project moves forward. 8. The City will review the project’s ability to limit discharge to the northeast if it is feasible within the overall development framework. 9. If filtration is required for the site to meet WMO requirements, the City strongly prefers a NURP pond with filter bench (offset to one side of the pond) be used. Water/Sewer 1. The applicant shows concept septic sites for Lots 1-4. It is assumed that no sewer or domestic water will be required for the storage facility in Lot 5. 2. Public Safety should review the need for any current or future fire protection within the property. 3. Installation of sewer and water utilities through the development for future connection to the City system shall be considered with the development. If utilities are not installed at the time of the initial development, a utility corridor should be identified and preserved with easements to ensure utilities can be installed in the future without requiring the reconstruction of the roadway. 4. Septic sewer is reviewed and approved by Hennepin County. End of Comments Page 1 of 1 CITY OF CORCORAN 8200 County Road 116, Corcoran, MN 55340 763.420.2288 E-mail - general@ci.corcoran.mn.us / Web Site – www.corcoranmn.gov Memo To: Planning (Planners Lindahl and Davis) From: Director Gottschalk Date: November 16, 2021 Re: City File 21-047 Corcoran Hwy 55 Business Park A Public Safety plan review meeting was held on 11/10/2021. In attendance were: Director of Public Safety Gottschalk, Lieutenant Ryan Burns, Planner Davis, Fire Chief Feist, Fire Chief Malewicki, and Construction Services Specialist Pritchard. The comments below are based on the concept plans dated October 19, 2021 and are intended as initial feedback as further plan review will need to be completed as construction plans are available. 1. The parking lots for Lots 3 and 4 should be designed to allow for fire truck circulation around the buildings. 2. Fire truck circulation within the lot for Park Place Storage will need to be addressed with a circulation map. The applicant should keep in mind that the 90-degree corners as depicted in the concept plan are very difficult for emergency vehicles to navigate, so the buildings may need to be shorter than what is currently shown. The applicant may want to consider splitting up larger buildings to allow for better circulation. Additionally, there will need to be passable lanes to accommodate two-way traffic. 3. The Public Safety team would like a better understanding of any plans to sprinkle the proposed storage buildings. A fire sprinkler system will need water storage tanks and the stormwater pond cannot be used for fire suppression. Firewalls could reduce the need for a sprinkler system. Metropolitan District Waters Edge Building 1500 County Road B2 West Roseville, MN 55113 An equal opportunity employer MnDOT Metropolitan District, Waters Edge Building, 1500 County Road B2 West, Roseville, MN 55113 November 4, 2021 Natalie Davis McKeown Planner City of Corcoran 8200 County Road 116 Corcoran, MN 55340 SUBJECT: MnDOT Review # P21-051 Park Place Storage Condominiums-Corcoran NE Quad MN 55 & Pioneer Trail Corcoran, Hennepin County Dear Ms. McKeown: Thank you for the opportunity to review the plans for Park Place Storage Condominiums- Corcoran. MnDOT has reviewed the documents and has the following comments: Traffic: This proposed development, in conjunction with another in the SW quadrant of TH55 and Pioneer Trail, will add more traffic to an already busy intersection. In particular, heavy commercial traffic may struggle to find acceptable gaps to enter the highway from Pioneer Trail during peak periods. The City should consider a traffic study to evaluate the need for other traffic control at the intersection of MN 55 and Pioneer Trail. For questions regarding these comments, contact Eric Lauer-Hunt, West Area Traffic, at eric.lauer-hunt@state.mn.us or 651-234-7875. Water Resources: A MnDOT drainage permit will be required to ensure that current drainage rates to MnDOT right- of-way will not be increased. The drainage permit application, including the information below, should be submitted online to: https://dotapp7.dot.state.mn.us/OLPA/ The following information must be submitted with the drainage permit application: 1) A grading plan showing existing and proposed contours. 2) Drainage area maps for the proposed project showing existing and proposed drainage areas. Any off-site areas that drain to the project area should also be included in the drainage area maps. The direction of flow for each drainage area must be indicated by arrows. MnDOT Metropolitan District, Waters Edge Building, 1500 County Road B2 West, Roseville, MN 55113 3) Drainage computations for pre and post construction conditions during the 2, 10, 50 and 100 year rain events. 4) Time of concentration calculations. 5) An electronic copy of any computer modeling used for the drainage computations. 6) See also the attached Drainage Permits Checklist for more information. Once a drainage permit application is submitted, a thorough review will be completed and additional information may be requested. Please direct questions concerning drainage issues to Jason Swenson (651-234-7539) or Jason.Swenson@state.mn.us of MnDOT’s Water Resources section. Permits: In addition to the Drainage permit mentioned above, an access permit will be required. Additionally, any use of, or work within or affecting, MnDOT right of way will require a permit. Permits can be applied for at this site: https://olpa.dot.state.mn.us/OLPA/. Please upload a copy of this letter when applying for any permits. Please direct questions regarding permit requirements to Buck Craig of MnDOT’s Metro Permits Section at 651-775-0405 or Buck.Craig@state.mn.us. Review Submittal Options MnDOT’s goal is to complete reviews within 30 calendar days. Review materials received electronically can be processed more rapidly. Do not submit files via a cloud service or SharePoint link. In order of preference, review materials may be submitted as: 1. Email documents and plans in PDF format to metrodevreviews.dot@state.mn.us. Attachments may not exceed 20 megabytes per email. Documents can be zipped as well. If multiple emails are necessary, number each message. 2. PDF file(s) uploaded to MnDOT’s external shared internet workspace site at: https://mft.dot.state.mn.usmetrodevreviews.dot@state.mn.us. Contact MnDOT Planning development review staff at for uploading instructions, and send an email listing the file name(s) after the document(s) has/have been uploaded. If you have any questions concerning this review, please contact me at (651) 234-7797. Sincerely, Cameron Muhic Senior Planner Copy sent via E-Mail: MnDOT Metropolitan District, Waters Edge Building, 1500 County Road B2 West, Roseville, MN 55113 Buck Craig, Permits Lance Schowalter, Design Jason Swenson, Water Resources Eric Lauer-Hunt, Traffic Brandon Nelson, Surveys Andrew Lutaya, Area Engineer Doug Nelson, Right-of-Way Jason Junge, Transit Mackenzie Turner Bargen, Multimodal Jesse Thornsen, Multimodal Russell Owen, Metropolitan Council CityofGreenfieldCityofMapleGroveCityofMedinaCityofRogersBechtoldRdPioneerTrlTrailHavenRdCountyRoad116CountyRoad30SchutteRdOakdale DrCountyRoad10HorseshoeTrlCountyRoad50LarsenRdWillowDrHunterRdCountyRoad19HomesteadTrlCainRdRollingHillsRdCountryRdMohawkDrLarkinRdFoxlineDrStrehler RdDasselLnOld Settlers RdStiegRdKalkRdMeisterRdMapleHillRd93rdAveNTessmerRdBlueBonnetDrJubertLn10501930116101117BrocktonLnN109thAveN10155HackamoreRdMorinLakeScottLakeJubertLakeGooseLakeCookLakeRushCreekRushCreekSouthForkRushCreekSouthForkRushCreekThemethodandtimingofregional wastewater service tobe determined through future study.6/21/20226/21/20221/25/20261/25/20261/22/20236/21/20224/28/20211/22/20235/26/20201/22/20201/21/20215/26/202010/202012/13/224/27/20224/27/20224/22/20203,00003,0001,500FeetPath: L:\2294\100\2040CompPlan\2040 Future Land Use.mxdDate: 8/7/2019 Time: 8:03:42 AM User: ShuJC024351 !!!!!!!!!!!!!! !!!!!!!!!!!!!!! ! !!!! !!!!!!!!!! !! !! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!! !!!!!!!!! ! !!! !!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!! ! ! !!! ! ! ! ! ! ! !!!!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! !!!!!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!! ! ! !! ! ! ! ! !!!!!!!!!!! !!!!!!!!! ! !!!!!!!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!! !!!!!! ! ! !!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! !!!!!!!!! !!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! !!!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! !! !!!!!!!!!!!!!!! !!!!!!!!!!!!!!! ! ! !!!!!!!!!!!! ! !!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! !!!!!! ! ! ! !! ! ! !!!!!!!!!!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! !!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!! !! !!!!!!!!!!!!!!!!!!!!!!!!!!!î î î s s òñð òñð ñ ñ ï ï î î s ñ ï 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 TOWNSHIP OF HASSAN CITY OF GREENFIELDCITY OF MAPLE GROVESCOTT LAKEBECHTOLD ROAD$+ $+ $+ $+ $+ $+ $+ $+ MORIN LAKE GOOSE LAKE COOK LAKE RUS H C R E E K Official Zoning Map 3,000 0 3,0001,500 Feet Zoning Districts: UR Urban Reserve RR Rural Residential RSF-1 Single Family Residential 1 RSF-2 Single Family Residential 2 RSF-3 Single and Two Family Residential 3 RMF-1 Medium Density Residential RMF-2 Mixed Residential RMF-3 High Density Residential MP Manufactured Home Park P-I Public / Institutional TCR Transitional Rural Commercial CR Rural Commercial C-1 Neighborhood Commercial C-2 Community Commercial DMU Downtown Mixed Use GMU General Mixed Use BP Business District I-1 Light Industrial PUD Planned Unit Development ï Cemetery î ChurchsGolf Course ñ Government Building òñð Public Park !! !!!2040 Metropolitan Urban Service Area City Limit Open Water Shoreland Overlay District Adopted June 2011 19 10 30 116 101 50 19 10 ± Updated September 2020 Image #1: Representative image of the proposed office/warehouse buildings.Image #2: Representative image of the proposed office/warehouse buildings. Image #3: Representative image of the proposed office/warehouse buildings.Image #4: Representative image of the proposed mini storage/self storage buildings. 10.29.2021 Highway 55 Business Park Concept Plan • Corcoran, MN Architectural Images 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 www.landform.net Landform® and Site to Finish® are registered service marks of Landform Professional Services, LLC. Agenda Item: 8d. TO: Corcoran City Council FROM: Nicholas Ouellette through Kendra Lindahl, Landform DATE: February 14, 2022 for the February 24, 2022 City Council Meeting RE: Final Plat and Final Planned Unit Development (PUD) for “Bellwether 7th Addition” (PID 01- 119-23-43-0009) (city file no. 21-060) REVIEW DEADLINE: March 12, 2022 1.Description of Request The applicant, Pulte Homes of Minnesota, LLC, has submitted a request for approval of a final plat and final PUD plan application for “Bellwether 7th Addition”, a residential development of 17 new single- family homes on 3.74 acres. 2.Planning Commission Review The Planning Commission reviewed the final PUD at their February 3, 2022 meeting. Other than the applicant, no members of the public were present to speak on this item. The Planning Commission voted 5-0 to recommend approval. 3.Background On June 28, 2018, the Council approved a rezoning, preliminary plat and preliminary PUD plan for the Bellwether project. The Bellwether project included the construction of 398 single family homes to be built in six phases. On October 18, 2018, the Council approved phase 1 of Bellwether for 78 single family homes and six outlots. On April 25, 2019, the Council approved phase 2 of Bellwether for 79 single family homes and 12 outlots. The Council also approved the final PUD for phase 3. On September 26, 2019, the Council approved the final plat for phase 3 of Bellwether for 29 single family homes and four outlots. On March 26, 2020, the Council approved phase 4 of Bellwether for 74 single family homes and one outlot. On July, 23, 2021, the Council approved phase 5 of Bellwether for 46 single family homes and one outlot. Bellwether 7th Addition (21-060) 2 February 24, 2022 On July 22, 2021, the Council approved a rezoning, preliminary plat and preliminary PUD plan for “Amberley and Bellwether” on two separate parcels acquired by the applicant. • The first parcel, the 73.48 acre Van Blaricom property, was not part of the original Bellwether PUD approved June 28, 2018. The Van Blaricom property will be subdivided and developed as an extension of the Bellwether neighborhood (Bellwether 6th Addition ) and a new single family neighborhood (Amberley, which is not part of Bellwether). • The second parcel, the 3.74 acre Schober homestead , was included in the original Bellwether approval. The property was platted as part of Bellwether 2nd Addition. Several lots that were created and the homeowner retained this 3.74 acre parcel for their homestead. The homeowner is now prepared to sell the property and it will be redeveloped as part of the Bellwether project as originally planned albeit on an earlier timeline. The Schober property will be platted as Bellwether 7th Addition. On October 28, 2021, the Council approved the final plat and final PUD for 25 single family homes in Amberley 1st Addition, 62 single family homes in Bellwether 6th Addition and seven outlots. The preliminary approvals allow 192 lots and the remaining 105 lots will be platted in future phases on the former Van Blaricom property. 4. Analysis Staff has reviewed the application for consistency with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and City Code requirements, as well as City Policies. The City Engineer’s comments are incorporated into this staff report, the detailed comments are included in the attached engineering memo and the approval conditions required compliance with the memo. A. Level of City Discretion in Decision-Making The City’s discretion in approving a final PUD is limited to whether the proposed plan is in substantial conformance with the preliminary PUD development plan. If it meets these standards, the City must approve the final PUD development plan. The City’s discretion in approving a final plat is limited to whether the proposed plat meets the standards outlined in the City’s subdivision and zoning ordinance. If it meets these standards, the City must approve the final plat. B. Consistency with Ordinance Standards Final PUD Development Plan Staff finds the final PUD development plan is consistent with the approved preliminary plans. The parcel was included in the original approvals and was planned for future construction. A future development date for this parcel was undetermined at the time of original approvals and these units were ghost platted as 45 -foot wide lots for the 35 foot wide homes (Discover, Passport and Trailblazer plans). These are the lot widths in Bellwether 4th Addition to the west. Bellwether 7th Addition (21-060) 3 February 24, 2022 The 7th Addition includes 17 new single family homes. The single family lots range in size from 5,524 to 14,093 sq. ft. There is a master association responsible for the maintenance of common areas (yard maintenance, snow removal, etc.) in this phase. Bellwether is an age-restricted active adult community The HOA documents will be amended to include this phase. Lot Dimensions and Setbacks The preliminary PUD approval granted flexibility from the lot size, width standards and side yard setback. The approved standards are included in the approving resolutions and the single family lots appear to comply. However, since single family home buyers will select their individual home for each lot, staff will review setbacks for compliance with these standards as part of the building permit application. Architecture The applicant has three widths of homes (34-ft., 45-ft. and 50-ft. wide homes) that have the option of being finished with five different architectural styles (prairie, heartland, craftsman, northern craftsman and euro country) in Bellwether. All homes in this phase will be 34-ft. wide homes. Architectural exhibits and elevations have previously been approved to comply with Condition #21 of Resolution 2021-48. All homes in this phase must comply with these architectural requirements. The applicant is required to provide architectural upgrades on the elevations of a home that face a public right-of-way or park. The Amberley and Bellwether preliminary approvals requires upgraded trim for lots facing the Stieg Road right-of-way and equal architectural upgrades for corner lots. Figure 1 shows which lots within the 7th Addition that require architectural upgrades. Figure 1: Lots with red dots must provide upgraded trim on the Stieg Road frontage and lots with green dots must provide architectural upgrades along both street frontages. Bellwether 7th Addition (21-060) 4 February 24, 2022 Homeowners Association A homeowner’s association (HOA) will maintain all common ownership areas of the development, including the open space areas, development signage and cul-de -sac/island plantings. Landscaping Staff note two existing trees on site which will be removed as part of the development. Section 1060.070 of the Zoning Ordinance requires one overstory tree for each single family home and a variety of landscaping along the perimeter of the site, along the streets, within the private park and adjacent to wetlands. Plans show plantings at sizes and percentages that comply with ordinance requirements. One overstory for each single family lot has been provided tree along the public right-of- way, with 23 additional trees in the rear yards of lots which back onto Stieg Road. The City Engineer’s memo notes the additional trees in the rear yard are located within the drainage swale. The applicant must adjust the location of the trees or drainage swale to avoid this conflict. Staff notes the developer is required to maintain all common areas including the boulevard plantings and will be required to enter into a maintenance agreement with the City. Signage The original Bellwether approvals granted approval for signage at the main entrance and secondary entrance off Stieg Road. No signs are proposed for this addition. Streets A new street connection from 103rd Avenue on the west will be extended to connect with 102nd Place to the south of this phase. A sidewalk is provided along the south side of 103rd Avenue. The street layout and design are consistent with the preliminary approvals. Parking is restricted to one side of the street; the location of parking signage is not shown in plans and will be field located during construction in coordination with the City. Utilities Municipal sewer and water are available to serve the site. The City Engineer’s memo provides detailed utility comments. The project will connect sewer and water on either side of the of the 103rd Avenue extension. Wetlands No wetlands are located on this site. Bellwether 7th Addition (21-060) 5 February 24, 2022 Stormwater Management The stormwater pond in the 2nd Addition will be expanded to manage additional stormwater from the 7th Addition. Stormwater management will be managed on site and the engineer’s memo includes conditions to ensure compliance with local, watershed and State standards. A stormwater maintenance agreement must be prepared and submitted for review and approval by staff and will be required to be recorded with the final plat. Easements The developer has provided 10 ft. drainage and utility easements along the front and year lot lines and 5 ft. drainage and utility easements along the side lot lines for single family lots. A drainage and utility easement is provided over the stormwater pond within the 3rd Addition and will be expanded to include the pond area in this phase. Lighting The applicant has submitted a lighting plan that shows lighting locations. One new streetlight has been provided at along the curve of 103rd Avenue on the sidewalk side of the street. Final streetlight locations will be field located during construction in coordination with the City. Parks, Trails and Open Space The City should accept park dedication in the form of land where shown on the plans. The park dedication requirements are based on the entire Bellwether development and will be satisfied, as approved by Council, by a combination of: - Dedication of a 9-acre open space park at the center of the development. - 3.96 acres of land as part of the dedication for the neighborhood park on the northern portion of the development. - 4.4 acres of land for the proposed amenity center. - Off-road trails. - Cost of constructing the boardwalk across Wetland 7. - Cost of paving off-road trails. No park land or trails are proposed with this addition. Bellwether 7th Addition (21-060) 6 February 24, 2022 Final Plat The applicant is requesting approval of a final PUD development plan for 17 single family lots. If this subdivision is approved, it would bring the total number of platted lots to 323 of 415 approved in the original Bellwether project: • Bellwether 1st Addition = 78 Units • Bellwether 2nd Addition = 79 units • Bellwether 3rd Addition = 29 units • Bellwether 4th Addition = 74 units • Bellwether 5th Addition = 46 units • Bellwether 6th Addition = 62 units* • Bellwether 7th Addition = 17 units** Total Units = 323 units (78% of the original Bellwether approved lots) *Bellwether 6th Addition added land and units to the Bellwether neighborhood and the total increased from 398 to 497 units and 225.9 gross acres to 275.22 gross acres. **Bellwether 7th Addition land was part of the original project area but was retained as a single homestead so the total land area remains at 275 .22 gross acres. The Bellwether 7th Addition adds units to the project and the total increased from 497 to 514 units. With the addition of the existing and Bellwether developments on the Van Blaricom property, the entire Bellwether project includes 514 units on 275.22 acres. Of the remaining 130 lots to be developed, 93 will be developed on the former Newman property and 37 will be developed on the southern portion of the former Van Blaricom property. Conclusion Staff finds that the proposed plan is consistent with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and preliminary PUD approvals. The staff report has noted outstanding issues that must be addressed and staff has included conditions in the attached resolution to address these issues. 5. Recommendation Move to adopt the following, as recommended by the Planning Commission: a. Resolution 2022-10 approving the final PUD development plan b. Resolution 2022-11 approving the final plat and development contract Bellwether 7th Addition (21-060) 7 February 24, 2022 Attachments 1. Resolution 2022-10 Approving Final Planned Unit Development Plan 2. Resolution 2022-11 Approving Final Plat and Development Contract 3. Development Contract 4. City Engineer’s Memo dated January 28, 2022 5. Site Location Map 6. Applicant’s Narrative dated January 7, 2022 7. Final Planned Unit Development Plans dated January 7, 2022 8. Final Plat dated January 7, 2022 9. Concept plan dated May 2018 10. Phasing Plan dated January 21, 2022 11. Architectural Design Flexibility Exhibit dated July 22, 2021 City of Corcoran February 24, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022 -10 Page 1 of 3 Motion By: Seconded By: APPROVING FINAL PLANNED UNIT DEVELOPMENT (PUD) PLAN FOR “BELLWETHER 7TH ADDITION” FOR PULTE HOMES OF MINNESOTA LLC (PID 01- 19-23-43-0009) (CITY FILE NO. 21-060) WHEREAS, Pulte Homes of Minnesota, LLC (the “applicant”) has requested approval of a final planned unit development (PUD) plan for “Bellwether 7th Addition for 17 new single family lots on the property legally described as: Lot 1, Block 4, Bellwether 2nd Addition, Hennepin County, MN WHEREAS, the Planning Commission has reviewed the plan at a public meeting and recommends approval, and; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the request for a final PUD plan, subject to the following conditions: 1. A final PUD plan is approved to create 17 single family lots for “Bellwether 7th Addition”, in accordance with the plans and application received by the City December 17, 2021 and additional information received on January 7, 2022, and January 11, 2022, except as amended by this resolution. 2. Approval is subject to the preliminary approvals (Resolutions 2018-48 and 2018-49). 3. Approval is contingent upon City Council approval of the final plat (Resolution 2022-11). 4. The applicant shall comply with all requirements of the City Engineer’s memo dated January 24, 2022. 5. Park dedication is based on the development of the entire Bellwether and shall be satisfied through contribution of land, construction of the private amenity facility and associated land shown on plans, pavement of trails and construction of the boardwalk, as outlined in the PUD approvals. No park dedication is required with this addition . 6. All utility facilities shall be located underground. 7. Lawn sprinklers/irrigation systems (if provided) shall have rain sensors to limit unnecessary watering. 8. The HOA shall be responsible for the maintenance of ponds, sidewalks, and all common areas, including signage, lighting and landscaping in those areas. 9. Parking shall be permitted on one side of the local streets and shall be signed in accordance with city standards. City of Corcoran February 24, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022 -10 Page 2 of 3 10. Lighting shall comply with the lighting requirements of Section 1060.040 of the Zoning Ordinance and generally be placed on the sidewalk side of the street. a. The applicant shall work with City staff to finalize the streetlight locations. 11. PUD Flexibility is granted to establish the following lot standards for this development: Single Family Detached Minimum Lot Area 5,000 sq. ft. (for flexibility--the smallest lot shown is 5,718) Minimum lot width (measured at front building setback) 44 feet Minimum Principal Structure Setbacks Front, County Road 101 100 feet Front, From all other streets 20 feet Front Porch (≤ 120 square feet) 15 feet Side (living) 5 feet Side (garage) 5 feet Rear 25 feet Maximum Principal Building Height 35 feet Driveway setback 5 feet 12. The following items must be addressed prior to issuance of building permits: a. Mechanical equipment (including air conditioning units) must be located in the side or rear yard and shown on plans. b. The plans must show centralized mailbox locations. These mailbox locations shall be approved by the US Postal Service and proof of the approved locations provided to the City. c. PUD flexibility is provided from the standard that requires architectural upgrades to all four sides of the building, based on the following conditions: i. The applicant shall provide equal architectural treatment on the elevations of a home that face a public right-of-way or park. For example, if three sides of the home face a public right-of-way or park, then equal architectural treatment shall be provided on those three sides of the building. Lots subject to this standard include: a) Lots 1-7, Block 2 shall provide upgraded trim on the rear façade facing Stieg Road. b) Lot 6, Block 1 and Lot 11, Block shall provide equal architectural treatment on the facades facing 102nd Place and 103rd Avenue. 13. Any request for the City to inspect the required landscaping in order to reduce financial guarantees must be accompanied by recertification/verification of field inspection by the City of Corcoran February 24, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022 -10 Page 3 of 3 project Landscape Architect. A letter signed by the project Landscape Architect verifying plantings (including wetland and pond buffers) have been correctly installed in compliance with the plans and specifications will suffice. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehre nkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 24th day of February 20 22. ________________________________ Tom McKee - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – Administrative Services Director City of Corcoran February 24, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 20 21-11 Page 1 of 3 Motion By: Seconded By: APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR “BELLWETHER 7TH ADDITION” FOR PULTE HOMES OF MINNESOTA LLC (PID 01-19-23-43-0009) (CITY FILE NO. 21-060) WHEREAS, Pulte Homes of Minnesota, LLC (the “applicant”) has requested approval of a final plat for “Bellwether 7th Addition for 17 new single family lots on the property legally described as: Lot 1, Block 4 Bellwether 2nd Addition, Hennepin County, MN WHEREAS, the Planning Commission has reviewed the plan at a public meeting and recommends approval, and; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the request for a final plat, subject to the following conditions: 1. A final plat is approved to create 17 single family lots for “Bellwether 7th Addition”, in accordance with the plans and application received by the City December 17, 2021 and additional information received on January 7, 2022, and January 11, 2022, except as amended by this resolution. 2. The development contract must be executed by the developer and the City and must be filed with the final plat. 3. Approval is subject to the preliminary approvals (Resolutions 2018-48 and 2018-49). 4. Approval is contingent upon City Council approval of the final PUD plan (Resolution 2022-10). 5. The developer must submit a final plat for each future phase of development. No approvals are granted at this time for phases of development. 6. The applicant shall comply with all requirements of the City Engineer’s memo dated January 24, 2022. City of Corcoran February 24, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 20 21-11 Page 2 of 3 7. PUD Flexibility is granted to establish the following lot standards for this development: Single Family Detached Minimum Lot Area 5,000 sq. ft. (for flexibility--the smallest lot shown is 5,718) Minimum lot width (measured at front building setback) 44 feet Minimum Principal Structure Setbacks Front, County Road 101 100 feet Front, From all other streets 20 feet Minimum Principal Structure Setbacks Single Family Detached Front Porch (≤ 120 square feet) 15 feet Side (living) 5 feet Side (garage) 5 feet Rear 25 feet Maximum Principal Building Height 35 feet Driveway setback 5 feet 8. The well and septic system abandonment shall be completed by a licensed contractor and abandonment shall be permitted with final documentation provided to the City. Further, prior to release of the final plat for recording: 9. The following documents must be approved by City Attorney: a. Stormwater Maintenance Agreement b. Homeowners Association documents c. Development Contract 10. Letter of credit must be in place and fees paid. 11. The landscaping and grading plan must be revised to address the conflicts between trees and the drainage swale near Stieg Road. 12. Provide updated City of Corcoran standard details in the plan set. 13. An encroachment agreement shall be required for all site improvements or items placed within the City right-of-way or easements if approved by the City. FURTHER, that the following conditions be met prior to issuance of building permits: 14. The applicant must file the final plat at Hennepin County within 2 years of the date of approval or the approval shall expire. 15. The following documents must be approved by City Attorney and recorded at Hennepin County: a. Stormwater Maintenance Agreement b. Homeowners Association documents c. Development Contract City of Corcoran February 24, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 20 21-11 Page 3 of 3 16. Record the approving resolutions and associated documents at Hennepin County and provide proof of recording to the City. FURTHER, that the following conditions be met prior to release of remaining escrow: 17. Lot corner monuments shall be installed as required by the Subdivision Ordinance. A financial guarantee shall be required to ensure installations per city requirements. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 24th day of February 20 22. ________________________________ Tom McKee - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – Administrative Services Director (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) BELLWETHER 7TH ADDITION CONTRACT dated ____________________, 2022, by and between the CITY OF CORCORAN, a Minnesota municipal corporation (“City”), and Pulte Homes of Minnesota, LLC (the “Developer”). This is an amendment to the Bellwether Development Contract dated October 16, 2018. 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Bellwether 7th Addition (referred to in this Contract as the "plat"). The land is situated in the County of Hennepin, State of Minnesota, and is legally described in Exhibit A. 2. CONDITIONS OF PLAT APPROVAL. The Developer shall enter into this Contract, furnish the security required by it, and record the plat upon City approval with the County Recorder or Registrar of Titles. 3. RIGHT TO PROCEED. Unless separate written approval has been given by the City, within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the plat, development contract and other associated documents have been recorded with the Hennepin County Recorder's Office and proof of recording has been provided to the City, and 4) the City has issued written notice that all conditions have been satisfied and that the Developer may proceed. However, the Developer may be allowed to begin grading the site when items 1, 2 and 4 of the previous sentence have been satisfied. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has failed to fulfill all obligations in this Contract and the failure has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. - 2 – 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved final plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Exhibit A – Legal Description Plan A – Final Plat, dated January 7, 2022 Plan B – Final Grading, Drainage, and Erosion Control Plan, dated January 7, 2022 Plan C – Plans and Specifications for Public Improvements, dated January 7, 2022 Plan D – Final Street Lighting Plan, January 7, 2022 Plan E – Final Landscape Plan, dated January 7, 2022 Plan F – Permanent Traffic Control Plan, dated January 7, 2022 8. IMPROVEMENTS. The Developer shall install and pay for all of the following improvements: • Streets • Sanitary Sewer • Watermain • Surface Water Facilities (pipe, ponds, rain gardens, etc.) • Grading and Erosion Control • Sidewalks/Trails • Street Lighting • Underground Utilities • Street Signs and Traffic Control Signs • Landscaping Required by Section 1060 of the Zoning Ordinance • Tree Preservation • Monuments Required by Minnesota Statutes • Miscellaneous Facilities The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the city engineer or designee. The Developer shall instruct its engineer to provide full-time field inspection personnel in order for the Developer's engineer to be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer and/or the Developer’s engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or his or her engineer shall schedule a pre-construction meeting at a mutually agreeable time at City Hall with all parties concerned, including the City staff, to review the program for the construction work. - 3 – All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No deviations from the approved plans and specifications will be permitted unless approved in writing by the city engineer or designee. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by the contract. The Developer shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of this contract, for which reimbursement is expected from the City, unless such work is first approved in writing by the city engineer or designee. The Developer shall be responsible for construction of all improvements in conformance with the approved plans and specs. 9. OFF-SITE PUBLIC IMPROVMENTS. The Bellwether Master Development Contract included a stormwater impact in the amount of $100,000 for off-site improvements for conveyance, flood plain analysis and potential downstream mitigation due when Phase 2 or 3 was platted. When the City identifies the need and cost, the City will reduce the letter of credit accordingly and require the developer to provide cash escrow. The City will defer collecting it until a later phase when the design is complete. 10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 11. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: • Minnesota Department of Health for Watermains/Wells • NPDES Permits • MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal • Hennepin County for Septic System Permits and/or Abandonment • City of Corcoran for Building Permits and Building Demolition 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements in this phase by October 31, 2022, with the exception of the final wear course of asphalt on streets. The City will not accept new public streets in the 7th Addition until 80% of the homes in the 7th Addition have received a certificate of occupancy and the streets have weathered a full winter season. Final wear course placement outside of this time frame must have the written approval of the City Engineer. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. CONSTRUCTION ACCESS. Haul routes for vehicles used in transport of materials shall be designated by the City Engineer. The City Engineer has discretion to change the designated haul routes at any time in event of unforeseen circumstances. This Agreement may be terminated and all - 4 – work on the Subject Property may be halted by the City for Developer’s failure to use the designated haul routes or for any other violation of this Agreement.. 15. GRADING PLAN. The plat shall be graded in accordance with the approved grading drainage and erosion control plan, Plan "B". The plan shall conform to City of Corcoran Engineering Design Standards. 16. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. Erosion control practices must comply with the Minnesota Pollution Control Agency’s Best Management Practices. The City may impose additional erosion control requirements if they would be beneficial. All erosion control shall comply with Section 950 (Erosion Control) of the Corcoran City Code and the Corcoran Engineering Design Standards. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. 17. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all street maintenance until the streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on the same and to direct attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to ensure that the streets are passable to traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the subdivision swept clean of dirt and debris that may spill, track, or wash onto the street from Developer’s operation. 18. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and acceptance of the work by the City, the improvements lying within public easements or right-of-way shall become City property. Prior to acceptance of the improvements by the City, the Developer must furnish the following affidavits: • Contractor’s Certificate • Engineer’s Certificate • Land Surveyor’s Certificate 19. PARK DEDICATION. Park dedication for the Bellwether development will be satisfied through the contribution of land, construction of the private amenity center and associated improvements, trail easements, pavement of trails and construction of the boardwalk, which will be dedicated in various phases. The land in Bellwether 7th Addition was part of the original plat area and park dedication will be satisfied with other additions. No park land dedication is required for this phase. 20. WATERMAIN / STORAGE TRUNK LINE AREA CHARGE (TLAC). This plat is subject to a watermain/storage trunk line area charge (TLAC). The charge is calculated as follows: 3.73 net acres (based on pre-developable area) x $7,475.00 per acre = $27,881.75. Future phases shall be cash with the final plat for each future phase subject to the then-current rates. 21. WATER CONNECTION CHARGE. This plat is subject to a water connection charge calculated as follows: 17 units x $1,219.00 per unit = $20,723.00. The fees shall be paid at the time of building permit. Future development shall be cash at the time of issuance of each building permit at the then- current rates. - 5 – The developer will be responsible for payment of the then-current water connection charge set by the City of Maple Grove. 22. SANITARY SEWER TRUNK LINE AREA CHARGE (TLAC). The City will not collect the Sanitary Sewer TLAC for this project because the cost of installing an over-sized trunk sewer pipe from the metering station is in excess of the fees that would have been generated by the TLAC. Therefore, no pre-developable area acre trunk fees are required. The developer will also be responsible for payment of the then-current SAC fee set by the Metropolitan Council. 23. SANITARY SEWER CONNECTION CHARGE. This plat is subject to a sanitary sewer connection charge calculated as follows: 17 units x $1,219.00 per unit = $20,723.00. The fees shall be paid at the time of building permit. Future development shall be cash at the time of issuance of each building permit at the then-current rates. 24. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. Curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any certificate of occupancy, except one model home on a lot acceptable to the City Planner may be issued a certificate of occupancy if needed for the Parade of Homes. B. The Developer shall comply with the City of Corcoran Engineering Design Standards. C. Prior to issuance of building permits, wetland buffer monuments shall be placed in accordance with the City’s zoning ordinance. Specifications for the monuments are available from the City Planner. D. Failure to fulfill any of the terms of this Contract by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits, including lots sold to third parties, and the halting of all work in the plat. E. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, their contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the City Engineer. 25. STREET REGULATORY SIGNS/TRAFFIC CONTROL SIGNS. Street name signs shall be installed by the Developer in accordance with the City of Corcoran Engineering Design Standards. The Developer shall install traffic control signs in accordance with the plan approved by the City Engineer and Minnesota Manual on Uniform Traffic Control Devices. All signs must be installed prior to final building inspection approval or earlier if necessary as determined by the City Engineer. 26. STREET LIGHT INSTALLATION AND OPERATION COSTS. The developer shall pay for and install all street lights. The street light shall be of a design approved by the City. The developer shall be responsible for street light operation and maintenance costs until such time as the City accepts - 6 – the public street where the streetlights are located. After the acceptance the City shall be responsible for all costs, subject to the street lighting policy. The costs of operation are dependent upon the operation costs for Wright Hennepin Electric under contract franchise with the City of Corcoran. 27. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. The City may require Developer to post funds in an escrow account, at its discretion. In the event the cash escrow amount is insufficient, Developer shall post additional escrow funds as determined by the City Planner within ten (10) days of written demand. Failure to make payment of the additional escrow amount shall permit the City to supplement those amounts from any other sureties posted by Developer. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 28. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Compliance with the conditions of the original approvals, PUD Amendments, including the PUD Final Development Plan (Resolution 2020-58) and Final Plat approval (Resolution 2020- 57). B. The Developer shall post a $1,700 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 17 lots at $100.00 per lot. The security will be held by the City until the Developer's land surveyor certifies that all - 7 – irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. C. The Developer must obtain a sign permit from the City Building Official prior to installation of any subdivision identification signs. D. The Developer shall supply a complete set of the approved construction plans in an AutoCAD.DWG electronic file format before the preconstruction conference. E. The Developer shall include the “City of Corcoran’s Standard Detail Specifications” (all applicable sections) in the contract documents of their improvement project. F. Other requirements: 29. MISCELLANEOUS. A. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Notwithstanding anything herein to the contrary, in conjunction with a sale of the entire land, the Developer may, without the consent of the City, assign this Contract to a limited liability company or other entity in which the Developer or an affiliate thereof has a controlling membership or other controlling ownership interest, provided that such assignee assumes in writing the obligations of Developer under this Contract. B. Certain retaining walls will require a Building Permit. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. C. Appropriate legal documents including, but not limited to, those regarding Homeowner Association documents, conservation easements, covenants and restrictions, as approved by the City Attorney, shall be filed with the Final Plat. D. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given thirty (30) days advance written - 8 – notice of the cancellation of the insurance. The insurance shall be primary and non-contributory as to any policy maintained by the City. E. Third parties shall have no recourse against the City under this Contract. F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for failure to fulfill any of the foregoing covenants. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City’s demand, the Developer shall cease work until there is compliance. 30. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than 48 hours in advance. This contract is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 31. WARRANTY/PERFORMANCE GUARANTEE. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit or performance bond for twenty-five percent (25%) of the amount of the original cost of the improvements. - 9 – A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one (1) year from the date of final written acceptance, unless the wearing course is placed during the same construction season as the bituminous base course. In those instances, the subdivider shall guarantee all work, including street construction, concrete curb and gutter, sidewalks and trails, material and equipment for a period of two (2) years from the date of final written City acceptance of the work. C. The required warranty period for sod, trees, and landscaping is one full growing season following installation. Following construction, a certification signed by the design landscape architect shall be filed with the City evidencing that the sod, trees, and landscaping was installed in accordance with the approved plans and specifications. 32. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this contract, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit, in a form acceptable to the City, from a bank, cash escrow or a combination cash escrow and Letter of Credit ("security") for $514,637.33, which represents 100 percent of the estimated cost of the Improvements. The letter of credit shall include an automatic renewal clause. The letter of credit shall guarantee to the City the construction and satisfactory completion of all items to be completed by the developer; that the letter of credit shall be reduced from time to time as work is performed and accepted in a satisfactory manner; that the city engineer may reduce the letter of credit to the amount reasonably estimated by the City engineer to be necessary to cover the remaining construction obligations; however, the letter of credit shall not be reduced below the amount estimated by the City to cover all obligations of development including payment of costs and expenses incurred by the City for legal, engineering, planning and any other costs until a maintenance bond for period of one year, satisfactory to the city attorney and the city engineer has been provided by the developer or its subcontractor. The amount of the security was calculated as follows: - 10 – ESTIMATED COSTS City Project Developer ITEM No._______(1) Installed (2) Private (3) Total Street Construction* $129,660.64 $129,660.64 Sanitary Sewer System $119,463.42 $119,463.42 Watermain System $93,275.43 $93,275.43 Storm Sewer System $15,574.56 $15,574.56 Boulevard and Drainage Swale Sod $0 $0 Pond Construction $0 $0 Rain Garden $0 $0 Street and Traffic Control Signs $0 $0 Sidewalk Improvements $0 $0 Trail Improvements $0 $0 Landscaping $16,842.00 $16,842.00 Street Lighting $0 $0 Site Grading & Drainage Imp.** $100,000 $100,000 Setting Iron Monuments $1,700.00 $1,700.00 Tree Preservation and Reforestation $0 $0 Wetland Buffer Monuments $0 $0 SUB-TOTAL: $476,516.05 $476,516.05 Design, Admin, Insp, As-Builts (8%) $38,121.28 $38,121.28 Total: $514,637.33 $514,637.33 Total Project Cost $514,637.33 (1) Public Improvement/City Project. City to own and maintain after development complete. (2) Developer Installed Public Improvements. City to own and maintain after development complete. (3) Private - Property owner and/or property owners' association to maintain after development completed. *Street Construction includes costs for sidewalk and trail improvements **Note: If a grading permit was issued and the financial guarantee released and/or expired, these monies may be used for the required maintenance of the erosion and sediment control plan. 33. This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, without notice, for any violation of the terms of this contract or if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least 30 days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the city engineer or designee that work has been completed and financial obligations to the City have been satisfied, with city engineer or designee approval the security may be reduced from time to time by 75% of the financial obligations that have been satisfied. Twenty-five percent (25%) of the amounts certified by the Developer's engineer shall be retained as security until: (1) all improvements have been completed; (2) - 11 – iron monuments for lot corners have been installed; (3) all financial obligations to the City satisfied; (4) the required "record" plans have been received by the City; (5) a warranty security is provided; and (6) the public improvements are accepted by the City. 34. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City at the time of final plat approval: Water Supply Trunk line area charge (TLAC) $ 27,881.75 Engineering Escrow $ 50,000.00 TOTAL CASH REQUIREMENTS LEVIED: $ 77,881.75 35. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: _______________________________ _______________________________ _______________________________ Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Corcoran City Hall, 8200 County Road 116, Corcoran, MN 55340. The Developer shall notify the City within five (5) days of change of address. CITY OF CORCORAN: BY: ______________________________________ Tom McKee, Mayor (SEAL) AND _____________________________________ Jessica Beise, Interim City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _______ day of ________________, 20____, by Tom McKee and by Jessica Beise, the mayor and interim city administrator of the City of Corcoran, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________ NOTARY PUBLIC DEVELOPER: By: ______________________________________ Its: ______________________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ________ day of ________________, 20____, by __________________________________ the ____________________________________ of ______________________________________ on its behalf. ______________________________________ NOTARY PUBLIC DRAFTED BY: CITY OF CORCORAN 8200 County Road 116 Corcoran, MN 55340 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT _______________________________________________________, fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this _____ day of ____________, 2_____. ______________________________________ ______________________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of _____________, 2____, by ______________________________________________________. ________________________________________ NOTARY PUBLIC DRAFTED BY: CITY OF CORCORAN 8200 County Road 116 Corcoran, MN 55340 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT _______________________________________________________, which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this _____ day of ____________, 2_____. ______________________________________ ______________________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2_____, by __________________________________________________________________________. ________________________________________ NOTARY PUBLIC DRAFTED BY: CITY OF CORCORAN 8200 County Road 116 Corcoran, MN 55340 CONTRACT PURCHASER CONSENT TO DEVELOPMENT CONTRACT _______________________________________________________________, which/who has a contract purchaser's interest in all or part of the subject property, the development of which is governed by the foregoing Development Contract, hereby affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property in which there is a contract purchaser's interest. Dated this _____ day of ____________, 2_____. ______________________________________ ______________________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2____, by ____________________________________________________________________________. ________________________________________ NOTARY PUBLIC DRAFTED BY: CITY OF CORCORAN 8200 County Road 116 Corcoran, MN 55340 EXHIBIT “A” TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as Bellwether 7th Addition: Lot 1, Block 4 Bellwether 2nd Addition, Hennepin County, MN Memo To: Kevin Mattson, City of Corcoran From: Kent Torve, City Engineer Steve Hegland, PE Project: Bellwether 7th Addition Date: 1/28/2022 Exhibits: This Memorandum is based on a review of the following documents: 1. Stormwater Management Plan, Prepared by AE2S, Dated April, 2018, and revised November 22, 2021. 2. Site Plans for Bellwether 7th Addition, Prepared by Sathre-Bergquist Inc., Signed and Dated 12/17/2021. Comments: General: 1. Consistent with the review process, a comment response letter shall be provided in response to the following comments provided in this Memorandum in which the applicant provides a written response to each item. 2. In addition to engineering related comments per these plans, the proposed plans are subject to additional planning, zoning, land-use, and other applicable codes of the City of Corcoran. 3. A grading and erosion control plan review will be required by the Elm Creek Watershed Management Commission. The stormwater management for the site was reviewed and approved by the Elm Creek Watershed with a previous review. 4. For any site activity (demo, grading, utilities, etc.) no closures or restrictions of any kind shall be imposed upon the public use of Stieg Road without the City’s permission. Should any lane restrictions be necessary, the Contractor shall notify the City at least 48 hours in advance and provide a Traffic Control Plan. 5. The well and septic system abandonment shall be completed by a licensed contractor and abandonment shall be permitted with final documentation provided to the City. 6. The curb cut on Stieg Road should be removed and replaced with full curb. 7. An encroachment agreement shall be required for all site improvements or items placed within the City ROW or easements if approved by the city. 8. Provide updated city of Corcoran standard details in the plan set. Plat: 1. The applicant shall have all drainage and utility easements provided and shown and all platting requirements met per the City Code. Drainage and utility easements (5’ – 10’) shall be provided along property lines, as standard per City requirements. January 28, 2022 Bellwether 7th Addition Kevin Mattson Page 2 of 3 2. Adjust required drainage and utility easements if necessary if any subsequent comments effect easement needs. Erosion Control/SWPPP 1. Preparation of and compliance with a SWPPP shall be required for construction. Transportation 1. Include “No parking this side of street” mid block on opposite side of sidewalk. Grading /Stormwater 1. Reference the City of Corcoran Stormwater Guidelines for Development Review for standards for stormwater systems and modeling. 2. Rational calculations shall be provided to confirm all pipe sizes and inlet capacity at the time of final plat. 3. Show pond access routes for Pond 6N. o Previous phases show pond access off of Stieg road. Show existing pond access and verify pond expansion does not affect access. 4. Numerous grading contour issues are present on the plans. Contours cannot converge, diverge, or end except where matching into existing contours around the perimeter of the grading. 5. The plan shows the pond 6N EOF at 943.5 on the north end. No EOF is in the XP model. Build EOF into model to ensure it is complete. 6. In the model, HWL for pond 6N is at 941.9, plan shows 943. Please make sure plans and modeling are consistent. 7. In the model, the 15” pipe connecting S8 and S7 has U/S and D/S inverts as 939.4 and 939. In the plan, this appears to be the pipe from CBMH 1 to CBMH EX. It is an 18” pipe at a lower invert (937.6 to 937.3)? Please verify. 8. Retaining walls shall not be allowed within the ROW or easement Watermain/Sanitary Sewer 1. Gas, electric, and other private and public utilities are located adjacent and/or on the property. Preservation of existing easements and coordination with all public and private utilities must be conducted prior to commencing any grading or construction. Other Comments: 1. Landscaping plans show trees planted in the drainage swale within the rear yard. Adjust trees or drainage swale to avoid this conflict. 2. Provide copies of all permit approvals to City January 28, 2022 Bellwether 7th Addition Kevin Mattson Page 3 of 3 End of Comments Hennepin County Property Map Date: 1/25/2022 Comments: 1 inch = 200 feet PARCEL ID: 0111923430009 OWNER NAME: J R & M S Martin Trust PARCEL ADDRESS: 19319 Stieg Rd, Corcoran MN 55374 PARCEL AREA: 3.74 acres, 162,910 sq ft A-T-B: Abstract SALE PRICE: SALE DATA: SALE CODE: ASSESSED 2020, PAYABLE 2021 PROPERTY TYPE: Residential HOMESTEAD: Non-Homestead MARKET VALUE: $506,000 TAX TOTAL: $6,779.40 ASSESSED 2021, PAYABLE 2022 PROPERTY TYPE: Residential HOMESTEAD: Non-Homestead MARKET VALUE: $541,000 This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2022 1 We Build Consumer Inspired Homes and Communities to Make Lives Better “Bellwether 7th Addition” APPLICATION FOR: PUD Final Development Plan, Final Plat 7th Addition CORCORAN, MINNESOTA December 20, 2021 Introduction Pulte Homes of Minnesota, LLC (“Pulte”) is pleased to be submitting this application. In July of 2021 we received Preliminary Plat approval for the Van Blaricom property along with the Schober Homestead property. The Van Blaricom property will be split between extensions of Bellwether and a new single-family neighborhood called Amberly. The Schober Homestead was originally not part of the Bellwether Preliminary Plat approvals because the owner wanted to keep the property and potentially move into the home in the future. They have changed their mind and decided to sell so we are now adding this property into the Bellwether neighborhood. We anticipated the potential of this happening, so we had ghost platted extending the 44’ Garden lots in the Bellwether 4th Addition through this property. We are submitting this application for final plat of the Schober Homestead which will be called Bellwether 7th Addition. This will add 17 new lots to the overall Bellwether neighborhood Pulte will act as both developer of the property and builder of the homes within Bellwether 7th Addition. The primary contact for Pulte is: Developer: Chad Onsgard, Director of Development 7500 Flying Cloud Drive, Suite 670 Eden Prairie, MN 55344 952-229-0723 Chad.Onsgard@pultegroup.com Current Owner: Mary Schober Martin and Joel Martin (JR & MS Martin Trust) 19319 Stieg Road Corcoran, MN 55374 Property Legal Description Lot 1, Block 4, Bellwether 2nd Addition. 2 Bellwether 7th Addition Final Plat & Final PUD Plan The final plat for the 7th Addition is consistent with the approved Preliminary PUD Development plan for Bellwether. Scope & Boundary The Schober Homestead will be platted into 17 lots adjacent to Stieg Road. Utilities and streets will be extended from the 2nd and 4th additions and road connections will be made to 103rd Avenue to the West and 102nd Place to the South. The stormwater pond in the 2nd addition will be expanded to handle the additional stormwater from the new 7th Addition plat. Park Dedication As part of the Bellwether 6th Addition plat, property was deeded in excess of required park dedication. Park credits shall be used for this plat with any remaining park fees to be paid in cash. Right-of-Way Dedication Required Right of Way will be dedicated along public streets as well as required drainage and utility easements for drainage areas and ponding. The Homes The homes that will be built on this property will be the 34’ Garden series similar to other additions of Bellwether and the adjacent Bellwether 4th Addition. Setbacks, driveways, materials and architecture will be consistent with the Preliminary PUD Development plan for Bellwether and previous Bellwether approvals. ENCORE | PULTE HOMES Corcoran , Minnesota CONCEPT PLAN May, 2018SATHRE-BERGQUIST INC.north COUNTY ROAD 101 / BROCKTON LANE NORTHWETLAND WETLAND PRIVATE AMENITY CENTER ENTRANCE MONUMENT PUBLIC OPEN SPACE SITE DATA 44’ LOTS - 153 50’ LOTS - 181 60’ LOTS - 64 TOTAL - 398 SINGLE FAMILY LOTS LEGEND 44’ WIDE LOT 50’ WIDE LOT 60’ WIDE LOT SIDEWALK WETLAND POND TRAIL FUTURE TRAIL HUNTERS RIDGE PUBLIC PARK COUNTY ROAD 30COUNTY ROAD 116STIEG R O A D COMMERCIAL OUTLOT A FUTURE COMMERCIAL OUTLOT FUTURE LIGHT INDUSTRIAL OUTLOT FUTURE PUBLIC PARK ARRIVAL DRI V E IMMANUEL UNITED METHODIST CHURCH SCHOBER HOMESTEAD STAFF REPORT Agenda Item 9a. Council Meeting: February 24, 2022 Prepared B y: Maggie Ung Topic: Set Sale Resolution and Finance Plan – Bond 2022A Action Required: Approval Su m mar y : The City has a planned 2022 debt issuance to fund the 2022-2023 Capital Improvement Plan and refund the 2014B Utility Revenue Bond as outlined below: •CIP: $1,760,000 •Utility Revenue Bond: $2,239,233.61 It is requested that the Council approve the Resolution for the issuance of the bonds. The estimated interest is just over two percent. Fi n anc i al/B u d get: Thes e are planned projects, payments for the debt are included in the City’s finance plans. Op t ion s : 1.Approve resolution 2022-14 Providing for the Issuance and Sale of Approximately $4,130,000 General Obligation Bonds, Series 2022A. 2.Send back to staff for further review. Rec o mmendation Approve resolution 2022-14 Providing for the Issuance and Sale of Approximately $4,130,000 General Obligation Bonds, Series 2022A. Co un c i l A c t i on: Approve resolution 2022-14 Providing for the Issuance and Sale of Approximately $4,130,000 General Obligation Bonds, Series 2022A. A tt ac h men t s : 1.Finance Plan 2.Municipal Advisory Service Agreement 3.Blanket Issuer Letter of Representation 4.Resolution 2022-14 Providing for the Issuance and Sale of Approximately $4,130,000 General Obligation Bonds, Series 2022A Finance Plan City of Corcoran, Minnesota $4,130,000 General Obligation Bonds, Series 2022A February 24, 2022 150 South 5th Street, Suite 3300 Minneapolis, MN 55402 612-851-5900 800-851-2920 www.northlandsecurities.com Member FINRA and SIPC | Registered MSRB and SEC Northland Securities, Inc. Page 2 Contents Executive Summary ........................................................................................................................................................... 2 Issue Overview .................................................................................................................................................................... 3 Purpose ................................................................................................................................................................ 3 Authority ............................................................................................................................................................. 3 Structure .............................................................................................................................................................. 4 Security and Source of Repayment ........................................................................................................ 4 Plan Rationale ................................................................................................................................................... 4 Issuing Process ................................................................................................................................................. 5 Attachment 1 – Preliminary Debt Service Comparison ................................................................................... 6 Attachment 2 – Preliminary Debt Service Schedules ........................................................................................ 7 Attachment 3 – Estimated Levy Schedule ............................................................................................................... 9 Attachment 4 – Related Considerations ................................................................................................................ 10 Not Bank-Qualification ...................................................................................................................... 10 Arbitrage Compliance ......................................................................................................................... 10 Continuing Disclosure ........................................................................................................................ 10 Premiums .................................................................................................................................................. 11 Rating .......................................................................................................................................................... 11 Attachment 5 – Calendar of Events .......................................................................................................................... 12 Attachment 6 - Risk Factors ......................................................................................................................................... 14 Northland Securities, Inc. Page 2 Executive Summary The following is a summary of the recommended terms for the issuance of $4,130,000 General Obligation Bonds, Series 2022A (the “Bonds”). Additional information on the proposed finance plan and issuing process can be found after the Executive Summary, in the Issue Overview and Attachment 4 – Related Considerations. Purpose Proceeds from the Bonds will be used to current refund the February 1, 2023 through February 1, 2035 maturities of the City’s General Obligation Utility Revenue Bonds, Series 2014B; to finance the purchase of equipment, and to pay the costs associated with the issuance of the Bonds. Security The Bonds will be a general obligation of the City. The City will pledge property tax levies for payment of the Equipment Portion of the Bonds and water and sewer revenues for the Refunding Portion of the Bonds. Repayment Term The Bonds will mature annually each February 1 in the years 2023 through 2035. Interest on the Bonds will be payable on February 1, 2023 and semiannually thereafter on each February 1 and August 1. Estimated Interest Rate Average coupon: 2.12% True interest cost (TIC): 2.35% Prepayment Option Bonds maturing on and after February 1, 2031 will be subject to redemption on February 1, 2030 and any day thereafter at a price of par plus accrued interest. Rating A rating will be requested from Moody’s. The City’s general obligation debt is currently rated "Aa3”by Moody’s. Tax Status The Bonds will be tax-exempt, non-bank qualified obligations. Risk Factors There are certain risks associated with all debt. Risk factors related to the Bonds are discussed in Attachment 6. Type of Bond Sale Public Sale – Competitive Bids Proposals Received Thursday, April 28, 2022 @ 10:00 A.M. Council Consideration Thursday, April 28, 2022 @ 7:00 P.M. Northland Securities, Inc. Page 3 Issue Overview Purpose Proceeds from the Bonds will be used for the following purposes: • To current refund the February 1, 2023 through February 1, 2035 maturities, totaling $2,215,000 in principal, of the City’s General Obligation Utility Revenue Bonds, Series 2014B (the “Series 2014B Bonds”) on June 2, 2022 (the “Call Date”) at a price of par plus accrued interest (the “Refunding Portion); • To finance the purchase of equipment as provided for in the City’s 2022-2023 Capital Improvement Plan (the “Equipment Portions”). Proceeds will also be used to pay costs associated with issuing the Bonds. The Bonds have been sized based on proceeds needed to current refund the Refunding Portion and on equipment cost estimates provided by City staff for the Equipment Portions. The table below contains the sources and uses of funds for the bond issue. The Series 2014B Bonds became eligible for call and prepayment on February 1, 2022. The 2023 through 2035 maturities will be called for prepayment on the Call Date. A portion of the proceeds of the Bonds will be wired to Northland Trust Services, Inc., the Paying Agent on the Series 2014B Bonds, on the Call Date to prepay the outstanding principal and accrued interest on the Series 2014B Bonds. Based on current market conditions, we have estimated total savings of $120,085 with a present value of $105,905, for the refunding of the Series 2014B Bonds. The projected annual savings are shown in Attachment 1. Authority The Bonds will be issued pursuant to the authority of Minnesota Statutes, Chapters 444 and 475, and Section 412.301. Under Section 412.301, Capital Equipment includes, but is not limited to, road construction and maintenance equipment, public safety equipment and computer hardware and software, which must have a useful life at least as long as the term of the debt issued to finance the equipment. The term of the Bonds cannot exceed 10 years from the date of issuance. If the amount of the Equipment Portion of the Bonds exceeds 0.25% of the estimated market value of the taxable property in the City, a reverse referendum provision applies. The City’s estimated market value for taxes payable in 2022 (proposed value) is $1,255,285,200 ($1,255,285,200 x 0.0025 2014B Equipment 10 yr Equipment 7 yr Equipment 5 yr Issue Summary Sources Of Funds Par Amount of Bonds $2,300,000.00 $1,035,000.00 $390,000.00 $405,000.00 $4,130,000.00 Total Sources $2,300,000.00 $1,035,000.00 $390,000.00 $405,000.00 $4,130,000.00 Uses Of Funds Deposit to Current Refunding Fund 2,239,233.61 ---2,239,233.61 Deposit to Project Construction Fund -995,000.00 375,000.00 390,000.00 1,760,000.00 Total Underwriter's Discount (1.350%)31,050.00 13,972.50 5,265.00 5,467.50 55,755.00 Costs of Issuance 28,059.44 12,626.75 4,757.91 4,940.90 50,385.00 Deposit to Capitalized Interest (CIF) Fund -13,503.50 4,881.24 4,389.97 22,774.71 Rounding Amount 1,656.95 (102.75)95.85 201.63 1,851.68 Total Uses $2,300,000.00 $1,035,000.00 $390,000.00 $405,000.00 $4,130,000.00 Northland Securities, Inc. Page 4 = $3,138,213). Since the Equipment Portion of the Bonds does not exceed $3,138,213, the reverse referendum provision does not apply. Under Chapter 444, cities may add their general obligation pledge of net utility revenues for general obligation bonds issued to build, construct, reconstruct, repair, enlarge, improve, or obtain sanitary sewer, water and storm sewer facilities, and maintain and operate the facilities inside or outside its corporate limits. Structure The Refunding Portion of the Bonds have been structured to result in relatively level annual savings, preserving the original structure of the Series 2014B Bonds. The Equipment Portions have been structured over five, seven and nine years with relatively level annual debt service payments when combined and based on the maximum term allowed, with the final maturity within ten years from the date of the Bonds. The Equipment Portions have been split into three portions based on the expected useful life of the various pieces of equipment that will be financed by the Equipment Portions of the Bonds. The proposed structure for the bond issue and preliminary debt service projections for each portion of the issue are illustrated in Attachment 2 and the estimated levy for the Equipment Portion is illustrated in Attachment 3. Security and Source of Repayment The Bonds will be general obligations of the City. The finance plan relies on the following assumptions for the revenues used to pay debt service, as provided by City staff: • Sewer and Water Revenues. Net revenues of the City’s sewer and water utilities will be pledged for payment of the Refunding Portion of the Bonds. The City will covenant to adopt sewer and water rates and charges that are sufficient to produce net revenues equal to at least 105% of the debt service requirements on the Refunding Portion of the Bonds. In the event there is a deficiency in the amount of net revenues available for payment of debt service, the City may levy taxes to cover the insufficiency, but only on a temporary basis until rates are adjusted. Property Taxes. The remaining revenues needed to pay debt service on the Bonds are expected to come from property tax levies. The initial projections show an annual tax levy averaging approximately $235,621 is needed to produce the statutory requirement of 105% of debt service. The levy may be adjusted annually based on actual monies in the debt service fund. The initial tax levy will be made in 2022 for taxes payable in 2023. Given the timing of the initial collection of taxes, the Bonds include capitalized interest of approximately $22,775 to cover the interest payment due on the Equipment Portion of the Bonds on February 1, 2023. Plan Rationale The Finance Plan recommended in this report is based on a variety of factors and information provided by the City related to the financed project and City objectives, Northland’s knowledge of the City and our experience in working with similar cities and projects. The issuance of General Obligation Bonds provides the best means of achieving the City’s objectives and cost-effective financing. The City has successfully issued and managed this type of debt for previous projects. Northland Securities, Inc. Page 5 Issuing Process Northland will receive bids to purchase the Bonds on Thursday, April 28, 2022 at 10:00 AM. Market conditions and the marketability of the Bonds support issuance through a competitive sale. This process has been chosen as it is intended to produce the lowest combination of interest expense and underwriting expense on the date and time set to receive bids. The calendar of events for the issuing process can be found in Attachment 5. Municipal Advisor: Northland Securities, Inc., Minneapolis, Minnesota Bond Counsel: Kennedy & Graven, Chartered, Minneapolis, Minnesota Paying Agent: Northland Trust Services, Inc. Minneapolis, Minnesota Northland Securities, Inc. Page 6 Attachment 1 – Preliminary Debt Service Comparison Date Total P+I Net New D/S Old Net D/S Savings 02/01/2023 209,891.60 208,234.65 217,100.00 8,865.35 02/01/2024 212,955.00 212,955.00 222,750.00 9,795.00 02/01/2025 215,660.00 215,660.00 223,100.00 7,440.00 02/01/2026 212,947.50 212,947.50 223,300.00 10,352.50 02/01/2027 210,060.00 210,060.00 218,350.00 8,290.00 02/01/2028 206,997.50 206,997.50 218,400.00 11,402.50 02/01/2029 208,760.00 208,760.00 218,300.00 9,540.00 02/01/2030 210,160.00 210,160.00 217,612.50 7,452.50 02/01/2031 191,275.00 191,275.00 201,762.50 10,487.50 02/01/2032 192,535.00 192,535.00 201,025.00 8,490.00 02/01/2033 188,510.00 188,510.00 200,118.76 11,608.76 02/01/2034 189,310.00 189,310.00 198,593.76 9,283.76 02/01/2035 189,810.00 189,810.00 196,887.50 7,077.50 Total $2,638,871.60 $2,637,214.65 $2,757,300.02 $120,085.37 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings.....................104,247.66 Net PV Cashflow Savings @ 2.111%(Bond Yield).....104,247.66 Contingency or Rounding Amount....................1,656.95 Net Present Value Benefit $105,904.61 Net PV Benefit / $2,415,048.28 PV Refunded Debt Service 4.385% Net PV Benefit / $2,215,000 Refunded Principal...4.781% Net PV Benefit / $2,300,000 Refunding Principal..4.605% Northland Securities, Inc. Page 7 Attachment 2 – Preliminary Debt Service Schedules Total Combined 2022A Bonds *Assumes Non-Bank Qualfied “Aa3” Rates as of February 10, 2022, plus 0.25%. Date Principal Coupon Interest Total P+I Fiscal Total 06/02/2022 ----- 02/01/2023 180,000.00 1.150%52,666.31 232,666.31 232,666.31 08/01/2023 --38,630.00 38,630.00 - 02/01/2024 360,000.00 1.350%38,630.00 398,630.00 437,260.00 08/01/2024 --36,200.00 36,200.00 - 02/01/2025 370,000.00 1.550%36,200.00 406,200.00 442,400.00 08/01/2025 --33,332.50 33,332.50 - 02/01/2026 370,000.00 1.650%33,332.50 403,332.50 436,665.00 08/01/2026 --30,280.00 30,280.00 - 02/01/2027 375,000.00 1.750%30,280.00 405,280.00 435,560.00 08/01/2027 --26,998.75 26,998.75 - 02/01/2028 375,000.00 1.850%26,998.75 401,998.75 428,997.50 08/01/2028 --23,530.00 23,530.00 - 02/01/2029 385,000.00 2.000%23,530.00 408,530.00 432,060.00 08/01/2029 --19,680.00 19,680.00 - 02/01/2030 395,000.00 2.100%19,680.00 414,680.00 434,360.00 08/01/2030 --15,532.50 15,532.50 - 02/01/2031 385,000.00 2.200%15,532.50 400,532.50 416,065.00 08/01/2031 --11,297.50 11,297.50 - 02/01/2032 395,000.00 2.300%11,297.50 406,297.50 417,595.00 08/01/2032 --6,755.00 6,755.00 - 02/01/2033 175,000.00 2.400%6,755.00 181,755.00 188,510.00 08/01/2033 --4,655.00 4,655.00 - 02/01/2034 180,000.00 2.500%4,655.00 184,655.00 189,310.00 08/01/2034 --2,405.00 2,405.00 - 02/01/2035 185,000.00 2.600%2,405.00 187,405.00 189,810.00 Total $4,130,000.00 -$551,258.81 $4,681,258.81 - Yield Statistics Bond Year Dollars $25,986.86 Average Life 6.292 Years Average Coupon 2.1212982% Net Interest Cost (NIC)2.3358489% True Interest Cost (TIC)2.3467142% Bond Yield for Arbitrage Purposes 2.1112924% All Inclusive Cost (AIC)2.5633925% IRS Form 8038 Net Interest Cost 2.1212982% Weighted Average Maturity 6.292 Years Optional Redemption 02/01/2030 @100.000% Northland Securities, Inc. Page 8 Refunding Portion Aggregate Equipment Portion Date Principal Coupon Interest Total P+I Fiscal Total 06/02/2022 ----- 02/01/2023 180,000.00 1.150%29,891.60 209,891.60 209,891.60 08/01/2023 --21,477.50 21,477.50 - 02/01/2024 170,000.00 1.350%21,477.50 191,477.50 212,955.00 08/01/2024 --20,330.00 20,330.00 - 02/01/2025 175,000.00 1.550%20,330.00 195,330.00 215,660.00 08/01/2025 --18,973.75 18,973.75 - 02/01/2026 175,000.00 1.650%18,973.75 193,973.75 212,947.50 08/01/2026 --17,530.00 17,530.00 - 02/01/2027 175,000.00 1.750%17,530.00 192,530.00 210,060.00 08/01/2027 --15,998.75 15,998.75 - 02/01/2028 175,000.00 1.850%15,998.75 190,998.75 206,997.50 08/01/2028 --14,380.00 14,380.00 - 02/01/2029 180,000.00 2.000%14,380.00 194,380.00 208,760.00 08/01/2029 --12,580.00 12,580.00 - 02/01/2030 185,000.00 2.100%12,580.00 197,580.00 210,160.00 08/01/2030 --10,637.50 10,637.50 - 02/01/2031 170,000.00 2.200%10,637.50 180,637.50 191,275.00 08/01/2031 --8,767.50 8,767.50 - 02/01/2032 175,000.00 2.300%8,767.50 183,767.50 192,535.00 08/01/2032 --6,755.00 6,755.00 - 02/01/2033 175,000.00 2.400%6,755.00 181,755.00 188,510.00 08/01/2033 --4,655.00 4,655.00 - 02/01/2034 180,000.00 2.500%4,655.00 184,655.00 189,310.00 08/01/2034 --2,405.00 2,405.00 - 02/01/2035 185,000.00 2.600%2,405.00 187,405.00 189,810.00 Total $2,300,000.00 -$338,871.60 $2,638,871.60 - DATE 2022A 2022A 2022A TOTAL Fiscal Total Equipment 10 yr Equipment 7 yr Equipment 5 yr 02/01/2023 13,503.50 4,881.24 4,389.97 22,774.71 22,774.71 08/01/2023 10,170.00 3,676.25 3,306.25 17,152.50 - 02/01/2024 90,170.00 33,676.25 83,306.25 207,152.50 224,305.00 08/01/2024 9,630.00 3,473.75 2,766.25 15,870.00 - 02/01/2025 94,630.00 33,473.75 82,766.25 210,870.00 226,740.00 08/01/2025 8,971.25 3,241.25 2,146.25 14,358.75 - 02/01/2026 93,971.25 33,241.25 82,146.25 209,358.75 223,717.50 08/01/2026 8,270.00 2,993.75 1,486.25 12,750.00 - 02/01/2027 93,270.00 37,993.75 81,486.25 212,750.00 225,500.00 08/01/2027 7,526.25 2,687.50 786.25 11,000.00 - 02/01/2028 92,526.25 32,687.50 85,786.25 211,000.00 222,000.00 08/01/2028 6,740.00 2,410.00 -9,150.00 - 02/01/2029 96,740.00 117,410.00 -214,150.00 223,300.00 08/01/2029 5,840.00 1,260.00 -7,100.00 - 02/01/2030 95,840.00 121,260.00 -217,100.00 224,200.00 08/01/2030 4,895.00 --4,895.00 - 02/01/2031 219,895.00 --219,895.00 224,790.00 08/01/2031 2,530.00 --2,530.00 - 02/01/2032 222,530.00 --222,530.00 225,060.00 Total $1,177,648.50 $434,366.24 $430,372.47 $2,042,387.21 - Northland Securities, Inc. Page 9 Attachment 3 – Estimated Levy Schedule Aggregate Equipment Portion Date Total P+I CIF 105% Levy Levy Year Collection Year 02/01/2023 22,774.71 (22,774.71)- 02/01/2024 224,305.00 -235,520.25 2022 2023 02/01/2025 226,740.00 -238,077.00 2023 2024 02/01/2026 223,717.50 -234,903.38 2024 2025 02/01/2027 225,500.00 -236,775.00 2025 2026 02/01/2028 222,000.00 -233,100.00 2026 2027 02/01/2029 223,300.00 -234,465.00 2027 2028 02/01/2030 224,200.00 -235,410.00 2028 2029 02/01/2031 224,790.00 -236,029.50 2029 2030 02/01/2032 225,060.00 -236,313.00 2030 2031 Total $2,042,387.21 (22,774.71)$2,120,593.13 Northland Securities, Inc. Page 10 Attachment 4 – Related Considerations Not Bank-Qualification We understand the City (in combination with any subordinate taxing jurisdictions or debt issued in the City’s name by 501(c)3 corporations) anticipates issuing more than $10,000,000 in tax- exempt debt during this calendar year. Therefore, the Bonds will not be designated as “bank qualified” obligations pursuant to Federal Tax Law. Arbitrage Compliance Project/Construction Fund. All tax-exempt bond issues are subject to federal rebate requirements which require all arbitrage earned to be rebated to the U.S. Treasury. A rebate exemption the City expects to qualify for is the “6-month spending exception” for the Refunding Portion and the “18-month spending exception” for the Equipment Portion. Debt Service Fund. The City must maintain a bona fide debt service fund for the Bonds or be subject to yield restriction in the debt service fund. A bona fide debt service fund involves an equal matching of revenues to debt service expense with a balance forward permitted equal to the greater of the investment earnings in the fund during that year or 1/12 of the debt service of that year. The City should become familiar with the various Arbitrage Compliance requirements for this bond issue. The Resolution for the Bonds prepared by Bond Counsel explains the requirements in greater detail. Continuing Disclosure Type: Full Dissemination Agent: Northland Securities The requirements for continuing disclosure are governed by SEC Rule 15c2-12. The primary requirements of Rule 15c2-12 actually fall on underwriters. The Rule sets forth due diligence needed prior to the underwriter’s purchase of municipal securities. Part of this requirement is obtaining commitment from the issuer to provide continuing disclosure. The document describing the continuing disclosure commitments (the “Undertaking”) is contained in the Official Statement that will be prepared to offer the Bonds to investors. The City has more than $10,000,000 of outstanding debt and is required to undertake “full” continuing disclosure. Full disclosure requires annual posting of the audit and a separate continuing disclosure report, as well as the reporting of certain “material events.” Material events set forth in the Rule, including, but not limited to, bond rating changes, call notices, and issuance of “financial obligations” (such as USDA loans, Public Finance Authority loans and lease agreements) must be reported within ten days of occurrence. The report contains annual financial information and operating data that “mirrors” material information presented in the Official Statement. The specific contents of the annual report will be described in the Undertaking that appears in the appendix of the Official Statement. Northland currently serves as dissemination agent for the City, assisting with the annual reporting. The information for the Bonds will be incorporated into our reporting. Northland Securities, Inc. Page 11 Premiums In the current market environment, it is likely that bids received from underwriters will include premiums. A premium bid occurs when the purchaser pays the City an amount in excess of the par amount of a maturity in exchange for a higher coupon (interest rate). The use of premiums reflects the bidder’s view on future market conditions, tax considerations for investors and other factors. Ultimately, the true interest cost (“TIC”) calculation will determine the lowest bid, regardless of premium. A premium bid produces additional funds that can be used in several ways: • The premium means that the City needs less bond proceeds and can reduce the size of the issue by the amount of the premium. • The premium can be deposited in the Project Fund for the Equipment Portion and used to pay additional project costs, rather than used to reduce the size of the issue. • The premium can be deposited in the Debt Service Fund and used to pay principal and interest. Northland will work with City staff prior to the sale day to determine use of premium (if any). A consideration for use of premium is the bank qualification of the Bonds. Rating A rating will be requested from Moody’s. The City’s general obligation debt is currently rated "Aa3" by Moody’s. The rating process will include a conference call with the rating analyst. Northland will assist City staff in preparing for and conducting the rating call. Northland Securities, Inc. Page 12 Attachment 5 – Calendar of Events The following checklist of items denotes each milestone activity as well as the members of the finance team who will have the responsibility to complete it. Please note this proposed timetable assumes regularly scheduled City Council meetings. Date Action Responsible Party January 27 City confirms CIP (equipment) City Staff February 17 Finance Plan and Set Sale Resolution sent to City Northland, Bond Counsel February 24 Set Sale Resolution Adopted and Finance Plan Reviewed City Council Action, Northland, Bond Counsel February 25 General Information Certificate Sent to City for updates Northland March 9 General Information Certificate Returned to Northland City Staff March 23 Preliminary Official Statement Sent to City for Sign Off and to Moody’s Northland January 2022 February 2022 Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 30 31 March 2022 April 2022 Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 29 30 May 2022 June 2022 Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 30 Holiday Important Date Northland Securities, Inc. Page 13 Date Action Responsible Party Week of April 4 or April 11 Rating Conference Call Northland, City Staff, Rating Agency April 20 Rating Received Rating Agency, City Staff, Northland April 28 Bond Sale 10:00 a.m. Authorizing Resolution Adopted – 7:00 p.m. Northland, Bond Counsel, City Council Action June 2 Closing on the Bonds (Proceeds available) Northland, City Staff, Bond Counsel Northland Securities, Inc. Page 14 Attachment 6 - Risk Factors Property Taxes: Property tax levies shown in this Finance Plan are based on projected debt service and other revenues. Final levies will be set based on the results of sale. Levies should be reviewed annually and adjusted as needed. The debt service levy must be included in the preliminary levy for annual Truth in Taxation hearings. Future Legislative changes in the property tax system, including the imposition of levy limits and changes in calculation of property values, would affect plans for payment of debt service. Delinquent payment of property taxes would reduce revenues available to pay debt service. Sewer and Water Revenues: The City pledges the net revenues of the Sewer and Water Utilities to the payment of principal and interest on the Refunding Portion of the Bonds. The failure to adjust rates and charges as needed and the loss of significant customers will affect available net revenues. If the net revenues are insufficient, the City is required to levy property taxes or use other revenues to cover the deficiency. Property taxes can only be used on a temporary basis and may not be an ongoing source of revenue to pay debt service. General: In addition to the risks described above, there are certain general risks associated with the issuance of bonds. These risks include, but are not limited to: • Failure to comply with covenants in bond resolution. • Failure to comply with Undertaking for continuing disclosure. • Failure to comply with IRS regulations, including regulations related to use of the proceeds and arbitrage/rebate. The IRS regulations govern the ability of the City to issue its bonds as tax-exempt securities and failure to comply with the IRS regulations may lead to loss of tax- exemption. MUNICIPAL ADVISORY SERVICE AGREEMENT BY AND BETWEEN THE CITY OF CORCORAN, MINNESOTA AND NORTHLAND SECURITIES, INC. This Agreement is made and entered into by and between the City of Corcoran, Minnesota (hereinafter "Client") and Northland Securities, Inc., of Minneapolis, Minnesota (hereinafter "Northland"). WITNESSETH WHEREAS, the Client desires to have Northland provide it with advice on the structure, terms, timing and other matters related to the issuance of the General Obligation Bonds, Series 2022A (the “Debt”) serving in the role of municipal (financial) advisor, and WHEREAS, Northland is a registered municipal advisor with both the Securities and Exchange Commission (“SEC”) and the Municipal Securities Rulemaking Board (“MSRB”) (registration # 866- 00082-00), and WHEREAS, Northland will act as municipal advisor in accordance with the duties and responsibilities of Rule G-42 of the MSRB, and WHEREAS, the MSRB provides a municipal advisory client brochure on its website (www.msrb.org) that describes the protections that may be provided by the MSRB rules, including professional competency, fair dealing, duty of loyalty, remedies for disputes and how to file a complaint with an appropriate regulatory authority, and WHEREAS, the Client and Northland are entering into this Agreement to define the municipal advisory relationship at the earliest opportunity related to the inception of the municipal advisory relationship for the Debt, and WHEREAS, Northland desires to furnish services to the Client as hereinafter described, NOW, THEREFORE, it is agreed by and between the parties as follows: SERVICES TO BE PROVIDED BY NORTHLAND Northland shall provide the Client with services necessary to analyze, structure, offer for sale and close the Debt. The services will be tailored to meet the needs of this engagement and may include: Planning and Development 1. Assist Client officials to define the scope and the objectives for the Debt. 2. Investigate and consider reasonably feasible financing alternatives. 3. Assist the Client in understanding the material risks, potential benefits, structure and other characteristics of the recommended plan for the Debt, including issue structure, estimated debt Municipal Advisory Service Agreement 2 service payments, projected revenues, method of issuance, bond rating, sale timing, and call provisions. 4. Prepare a schedule of events related to the issuance process. 5. Coordinate with bond counsel any actions needed to authorize the issuance of the Debt. 6. Attend meetings of the Client and other project and bond issue related meetings as needed and as requested. Bond Sale 1. Assist the Client with the preparation, review and approval of the preliminary official statement (POS). 2. Assist the Client and bond counsel with preparing and publishing the Official Notice of Sale if required by law. 3. Prepare and submit application for bond rating(s) and assist the Client with furnishing the rating agency(s) with any additional information required to conduct the rating review. Assist the Client with preparing and conducting the rating call or other presentation. 4. Assist the Client in receiving the bids, compute the accuracy of the bids received, and recommend to the Client the most favorable bid for award. 5. Coordinate with bond counsel the preparation of required contracts and resolutions. Post-Sale Support 1. Assist the Client with the preparation of final official statement, distribution to the underwriter and posting on EMMA. 2. Coordinate the bond issue closing, including making all arrangements for bond printing, registration, and delivery. 3. Furnish to the Client a complete transcript of the transaction, if not provided by bond counsel. There are no specific limitations on the scope of this agreement. COMPENSATION For providing these services with respect to the Debt, Northland shall be paid a lump sum of $22,635. The fee due to Northland shall be payable by the Client upon the closing of the Bonds. Northland agrees to pay the following expenses from its fee: • Out-of-pocket expenses such as travel, long distance phone, and copy costs. • Production and distribution of material to rating agencies and/or bond insurance companies. • Preparation of the bond transcript. The Client agrees to pay for all other expenses related to the processing of the bond issue(s) including, but not limited to, the following: • Engineering and/or architectural fees. • Publication of legal notices. • Bond counsel and local attorney fees. • Fees for various debt certificates. • The cost of printing Official Statements, if any. • Client staff expenses. • Airfare and lodging expenses of one Northland official and Client officials when and if traveling for rating agency presentations. • Rating agency fees, if any. Municipal Advisory Service Agreement 3 • Bond insurance fees, if any. • Accounting and other related fees. It is expressly understood that there is no obligation on the part of the Client under the terms of this Agreement to issue the Debt. If the Debt is not issued, Northland agrees to pay its own expenses and receive no fee for any municipal advisory services it has rendered pursuant to this Agreement. CONFLICTS OF INTEREST Northland, as your Municipal Advisor, mitigates conflicts through its adherence to its fiduciary duty to the Client, which includes a duty of loyalty to the Client in performing all municipal advisory activities for the Client. This duty of loyalty obligates Northland to deal honestly and with the utmost good faith with the Client and to act in the Client’s best interests without regard to our own financial or other interests. In addition, because Northland is a broker-dealer with significant capital due to the nature of its overall business, the success and profitability of Northland is not dependent on maximizing short-term revenue generated from individualized recommendations to its clients but instead is dependent on long-term profitably built on a foundation of integrity, quality of service and strict adherence to its fiduciary duty. Furthermore, Northland’s municipal advisory supervisory structure leverages our long-standing and comprehensive broker-dealer supervisory processes and practices, and provides strong safeguards against individual representatives of Northland potentially departing from our regulatory duties due to personal interests. The disclosures below describe, as applicable, any additional mitigations that may be relevant with respect to any specific conflict disclosed below. Northland serves a wide variety of other clients that may from time to time have interests that could have a direct or indirect impact on the interests of the Client. For example, Northland serves as Municipal Advisor to other Municipal Advisory clients and, in such cases, owes a regulatory duty to such other clients just as it does to the Client under this Agreement. These other clients may, from time to time and depending on the specific circumstances, have competing interests, such as accessing the new issue market with the most advantageous timing and with limited competition at the time of the offering. In acting in the interests of its various clients, Northland could potentially face a conflict of interest arising from these competing client interests. In other cases, as a broker-dealer that engages in underwritings of new issuances of municipal securities by other municipal entities, the interests of Northland to achieve a successful and profitable underwriting for its municipal entity underwriting clients could potentially constitute a conflict of interest if, as in the example above, the municipal entities that Northland serves as underwriter or municipal advisor have competing interests in seeking to access the new issue market with the most advantageous timing and with limited competition at the time of the offering. However, none of these other engagements or relationships would impair Northland’s ability to fulfill its regulatory duties to the Client. The compensation for services provided in this Agreement is customary in the municipal securities market, however, it may pose a conflict of interest. The fees due under this Agreement are in a fixed amount established at the outset of the Agreement. The amount is usually based upon an analysis by Client and Northland of, among other things, the expected duration and complexity of the transaction and the Scope of Services to be performed by Northland. This form of compensation presents a Municipal Advisory Service Agreement 4 potential conflict of interest because, if the transaction requires more work than originally contemplated, Northland may suffer a loss. Thus, Northland may recommend less time-consuming alternatives, or fail to do a thorough analysis of alternatives. This conflict of interest is mitigated by supervisory policies and procedures to ensure the scope of services within the transaction align with other comparable engagements. By executing this Agreement, the Client acknowledges and accepts the potential conflicts of interest posed by the compensation to Northland. Northland does not participate in any payments to be retained, nor participate in any fee splitting agreements or arrangements. Northland is also a broker-dealer that engages in a broad range of securities-related activities to service its clients, in addition to serving as a Municipal Advisor or Underwriter. Such securities-related activities, which may include but are not limited to the buying and selling of outstanding securities, including securities of the Client, may be undertaken on behalf of, or as counterparty to, the Client, and current or potential investors in the securities of the Client. These other Northland clients may, from time to time and depending on the specific circumstances, have interests in conflict with those of the Client, such as when their buying or selling of the Client’s securities may have an adverse effect on the market for the Client’s securities. However, any potential conflict arising from Northland effecting or otherwise assisting such other clients in connection with such transactions is mitigated by means of such activities being engaged in on customary terms through other business units of Northland that operate independently from Northland’s Municipal Advisory business, thereby reducing or eliminating the likelihood that the interests of such other clients would have an impact on the services provided by Northland to the Client under this Agreement. Northland has policies and procedures in place to ensure that Northland as a broker-dealer is not participating in bidding or determining market prices for the Client’s transaction that is covered under this Agreement. Northland Capital Holdings is the parent company of Northland Securities. A subsidiary of Northland Capital Holdings is Northland Trust, Inc. Northland Trust provides paying agent services to issuers of municipal bonds. The Client is solely responsible for the decision on the source of paying agent services. Any engagement of Northland Trust is outside the scope of this Agreement. No compensation paid to Northland Trust is shared with Northland Securities. Northland is not aware of any additional material conflicts of interest that could reasonably be anticipated to impair Northland’s ability to provide advice to or on behalf of the Client in accordance with the standards of conduct for municipal advisors. LEGAL AND DISCIPLINARY ACTIONS There are no legal or disciplinary events reported by the Securities and Exchange Commission contained in Form MA or Form MA-I. The Client can find information about these forms and accessing information related to Northland at www.sec.gov/municipal/oms-edgar-links. SUCCESSORS OR ASSIGNS The terms and provisions of this Agreement are binding upon and inure to the benefit of the Client and Northland and their successors or assigns. Municipal Advisory Service Agreement 5 TERM OF THIS AGREEMENT This Agreement may be terminated by thirty (30) days written notice by either the Client or Northland and it shall terminate sixty (60) days following the closing date related to the issuance of the Debt. Dated this 24th day of February, 2022. Northland Securities, Inc. Tammy Omdal, Managing Director By: _________________________________ Clifton Schultz, Managing Director City of Corcoran, Minnesota By: _________________________________ Its: _________________________________ CR100-23-779016.v1 Extract of Minutes of Meeting of the City Council of the City of Corcoran, Hennepin County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Corcoran, Hennepin County, Minnesota, was held at the City Hall in the City on Thursday, February 24, 2022, commencing at 7:00 P.M. The following members of the Council were present: and the following were absent: * * * * * * * * * The following resolution was presented by Councilmember ____________ who moved its adoption: CR100-23-779016.v1 2 RESOLUTION NO. 2022-14 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF APPROXIMATELY $4,130,000 GENERAL OBLIGATION BONDS, SERIES 2022A BE IT RESOLVED By the City Council of the City of Corcoran, Hennepin County, Minnesota (the “City”) as follows: 1. Equipment Certificates. (a) The City is authorized by Minnesota Statutes, Chapter 475, as amended, and Sections 410.32 and 412.301 (collectively, the “Equipment Act”), to issue its general obligation equipment certificates of indebtedness on such terms and in such manner as the City determines to finance the purchase of items of capital equipment, subject to certain limitations contained in the Equipment Act. (b) The City will purchase and acquire various items of capital equipment described in EXHIBIT A attached hereto or other equipment as authorized under the Equipment Act (the “Capital Equipment”). (c) As required by the Act: (i) the expected useful life of each item of Capital Equipment is or will be at least as long as the term of the equipment certificates issued to finance such Capital Equipment; and (ii) the principal amount of equipment certificates to be issued in the year 2022 will not exceed one-quarter of one percent (0.25%) of the estimated market value of taxable property in the City for the year 2022. (d) It is necessary and expedient to the sound financial management of the affairs of the City to issue its general oblig ations in the approximate aggregate principal amount of $1,830,000 (the “Equipment Certificates”), pursuant to the Equipment Act to provide financing for the Capital Equipment. 2. Utility Revenue Refunding Bonds. (a) The City previously issued General Obligation Utility Revenue Bonds, Series 2014B (the “Prior Bonds”), dated August 1, 2014, in the original aggregate principal amount of $2,300,000, pursuant to Minnesota Statutes, Chapter 475, as amended, including Minnesota Statutes, Chapter 444 (collectively, the “Utility Revenue Act”). Proceeds of the Prior Bonds were used to finance the cost of the construction of various water and sewer improvements within the City and to fund certain costs of improvements to the public works building within the City. The Prior Bonds are currently outstanding in the principal amount of $2,215,000, and are callable on any date on or after February 1, 2022. (b) The City is authorized by Section 475.67, subdivision 3 of the Utility Revenue Act to issue and sell its general obligation bonds to refund obligations and the interest thereon before the due date of the obligations, if consistent with covenants made with the holders thereof, when CR100-23-779016.v1 3 determined by the City Council to be necessary or desirable for the reduction of debt service costs to the City or for the extension or adjustment of maturities in relation to the resources available for their payment. (c) It is necessary and desirable for the reduction of debt service costs to the City to issue general obligations in the approximate aggregate amount of $2,300,000, pursuant to the Utility Revenue Act, specifically Section 475.67, subdivision 3, to redeem and prep ay the outstanding principal amount of the Prior Bonds on June 2, 2022. 2. Sale of Bonds. (a) The City Council finds it necessary and expedient to the sound financial management of the affairs of the City that the City issue its General Obligation Bonds, Series 2022A (the “Bonds”), in the proposed aggregate principal amount of $4,130,000, pursuant to the Equipment Act and the Utility Revenue Act (together, the “Act”), which amount is subject to adjustment in accordance with the official Notice of Sale attached hereto as EXHIBIT B (the “Notice of Sale”). The Bonds will be issued, sold, and delivered in accordance with the Notice of Sale. (b) The City is authorized by Section 475.60, subdivision 2(9) of the Act to negotiate the sale of the Bonds, it being determined that the City has retained an independent municipal advisor in connection with such sale. 3. Authority of Municipal Advisor. Northland Securities, Inc. is authorized and directed to negotiate the Bonds in accordance with the Notice of Sale. The City Council will meet at 7:00 P.M. on Thursday, April 28, 2022, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. The actions of the City staff and the City’s municipal advisor in negotiating the sale of the Bonds are ratified and confirmed in all respects. 4. Authority of Bond Counsel . The law firm of Kennedy & Graven, Chartered, as bond counsel for the City, is authorized to act as bond counsel and to assist in the preparation and review of necessary documents, certificates and instruments relating to the Bonds. The officers, employees and agents of the City are hereby authorized to assist Kennedy & Graven, Chartered in the preparation of such documents, certificates, and instruments. 5. Covenants. In the resolution awarding the sale of the Bonds the City Council will set forth the covenants and undertakings required by the Act. 6. Official Statement. In connection with the sale of the Bonds, the officers or employees of the City are authorized and directed to co operate with Northland Securities, Inc. and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember _____________, and upon vote being taken thereon the following members voted in favor of the motion: CR100-23-779016.v1 4 and the following voted against: whereupon the resolution was declared duly passed and adopted. CR100-23-779016.v1 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF CORCORAN ) I, the undersigned, being the duly qualified and acting City Administrator of the City of Corcoran, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Thursday, February 24, 2022, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of approximately $4,130,000 General Obligation Bonds, Series 2022A of the City. WITNESS My hand as City Administrator and the corporate seal of the City this ____ day of _________, 2022. City Administrator City of Corcoran, Minnesota (SEAL) A-1 CR100-23-779016.v1 Exhibit A Equipment List Public Safety Support and Protection Equipment Public Safety Support and Protection Equipment Public Works/Parks Toro 7500 Mower Public Safety Ford SUV Explorer (565) Public Safety Chief Squad (561) Public Safety Ford SUV Explorer Public Safety Ford SUV Explorer (562) Public Safety Ford SUV Explorer (566) Public Works/Parks Trail Maintenance Equipment Accessories Public Works/Parks 1/2 ton pickup Public Works/Parks GMC 3/4 ton Pickup with snow plow Public Works/Parks Pickup Public Safety Records Management System Public Safety Weapon Mounted Cameras Public Safety EZ Go Express 4x4 Public Works/Parks Landpride 15 ft. Flex Mower Public Safety Key Management System Public Safety Teathered Event and Search Camera Public Works/Parks Cat Grader Public Works/Parks John Deere 1545 Front Mower Public Works/Parks John Deere 4066R Tractor Public Works/Parks John Deere 1585 Front Mower w/accessories Public Works/Parks Craftco Crack Filler Public Works/Parks Wood Chipper Public Works/Parks John Deere 6130M Mower Tractor Public Works/Parks Front End Loader with snow plow Public Works/Parks Tandem Axle Dump Truck B-1 Exhibit B NOTICE OF SALE $4,130,000* GENERAL OBLIGATION BONDS, SERIES 2022A CITY OF CORCORAN, MINNESOTA (Book-Entry Only) NOTICE IS HEREBY GIVEN that these Bonds will be offered for sale according to the following terms: TIME AND PLACE: Proposals (also referred to herein as “bids”) will be opened by the City’s Finance Manager, or designee, on Thursday, April 28, 2022, at 10:00 A.M., CT, at the offices of Northland Securities, Inc. (the City’s “Municipal Advisor”), 150 South 5th Street, Suite 3300, Minneapolis, Minnesota 55402. Consideration of the Proposals for award of the sale will be by the City Council at its meeting at the City O ffices beginning Thursday, April 28, 2022 at 7:00 P.M., CT. SUBMISSION OF PROPOSALS Proposals may be: a) submitted to the office of Northland Securities, Inc., b) faxed to Northland Securities, Inc. at 612 -851-5918, c) emailed to PublicSale@northlandsecurities.com, d) for proposals submitted prior to the sale, the final price and coupon rates may be submitted to Northland Securities, Inc. by telephone at 612 -851-5900 or 612-851 -4968, or e) submitted electronically. Notice is hereby given that electronic proposals will be received via PARITY ™, or its successor, in the manner described below, until 10:00 A.M., CT, on Thursday, April 28, 2022. Proposals may be submitted electronically via PARITY™ or its successor, pursuant to this Not ice until 10:00 A.M., CT, but no Proposal will be received after the time for receiving Proposals specified above. To the extent any instructions or directions set forth in PARITY™, or its successor, conflict with this Notice, the terms of this Notice shal l control. For further information about PARITY™, or its successor, potential bidders may contact Northland Securities, Inc. or i-Deal at 1359 Broadway, 2 nd floor, New York, NY 10018, telephone 212 -849-5021. Neither the City nor Northland Securities, Inc . assumes any liability if there is a malfunction of PARITY™ or its successor. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the P roposal is submitted. BOOK-ENTRY SYSTEM The Bonds will be issued by means of a book -entry system with no physical distribution of bond certificates made to the public. The Bonds will be issued in fully registered form and one bond certificate, representi ng the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & * The City reserves the right to increase or decrease the principal amount of the Bonds. Any such increase or decrease will be made in multiples of $5,000 and may be made in any maturity . If any maturity is adjusted, the purchase price will also be adjusted to maintain the same gross spread. B-2 Co. as nominee of Depository Trust Company (“DTC”), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the City through Northland Trust Services, Inc. Minneapolis, Minnesota (the “Paying Agent/Registrar”), to DTC, or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful bidder, as a condition of delivery of the Bonds, will be required to deposit the bond certificat es with DTC. The City will pay reasonable and customary charges for the services of the Paying Agent/Registrar. DATE OF ORIGINAL ISSUE OF BONDS Date of Delivery (Estimated to be June 2, 2022) AUTHORITY/PURPOSE/SECURITY The Bonds are being issued pursuant to Minnesota Statutes, Chapter 444 and 475 and Section 412.301, as amended. Proceeds will be used to current refund the February 1, 2023 through February 1, 2035 maturities of the City’s General Obligation Revenue Bonds, Series 2014B on June 2, 2022, to finance the purchase of equipment and to pay costs associated with the issuance of the Bonds. The Bonds are payable from net revenues of the City’s water and sewer systems and additionally secured by ad valorem taxes on a ll taxable property within the City. The full faith and credit of the City is pledged to their payment and the City has validly obligated itself to levy ad valorem taxes in the event of any deficiency in the debt service account established for this issue. INTEREST PAYMENTS Interest is due semiannually on each February 1 and August 1, commencing February 1, 2023, to registered owners of the Bonds appearing of record in the Bond Register as of the close of business on the fifteenth day (whether or not a business day) of the calendar month preceding such interest payment date. MATURITIES Principal is due annually on February 1, inclusive, in each of the years and amounts as follows: Year Amount Year Amount Year Amount 2023 $180,000 2028 $375,000 2033 175,000 2024 360,000 2029 385,000 2034 180,000 2025 370,000 2030 395,000 2035 185,000 2026 370,000 2031 385,000 2027 375,000 2032 395,000 Proposals for the Bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. B-3 INTEREST RATES All rates must be in integral multiples of 1/20th or 1/8th of 1%. The rate for any maturity may not be more than 2.00% less than the rate for any preceding maturity. All Bonds of the same maturity must bear a single uniform rate from date of issue to maturity. ESTABLISHMENT OF ISSUE PRICE (HOLD-THE-OFFERING-PRICE RULE MAY APPLY – BIDS NOT CANCELLABLE) The winning bidder shall assist the City in establishing the issue price of the Bonds and shall execute and deliver to the City at closing an “issue price ” or similar certificate setting forth the reasonably expected initial offering price to the public or the sales price or prices of the Bonds, together with the supporting pricing wires or equivalent communications, substantially in the form attached heret o as Exhibit A, with such modifications as may be appropriate or necessary, in the reasonable judgment of the winning bidder, the City and Bond Counsel. All actions to be taken by the City under this Notice of Sale to establish the issue price of the Bonds may be taken on behalf of the City by the City’s Municipal Advisor and any notice or report to be provided to the City may be provided to the City’s Municipal Advisor. The City intends that the provisions of Treasury Regulation Section 1.148 -1(f)(3)(i) (defining “competitive sale” for purposes of establishing the issue price of the Bonds) will apply to the initial sale of the Bonds (the “competitive sale requirements”) because: (1) the City shall disseminate this Notice of Sale to potential underwriters in a manner that is reasonably designed to reach potential underwriters; (2) all bidders shall have an equal opportunity to bid; (3) the City may receive bids from at least three underwriters of municipal bonds who have established industry reputations for underwriting new issuances of municipal bonds; and (4) the City anticipates awarding the sale of the Bonds to the bidder who submits a firm offer to purchase the Bonds at the highest price (or lowest cost), as set forth in this Notice of Sale. Any bid submitted pursuant to this Notice of Sale shall be considered a firm offer for the purchase of the Bonds, as specified in the bid. In the event that the competitive sale requirements are not satisfied, the City shall promptly so advise the winning bidder. The City may then determine to treat the initial offering price to the public as of the award date of the Bonds as the issue price of each maturity by imposing on the winning bidder the Hold -the- Offering-Price Rule as described in the following paragraph (the “Hold -the-Offering-Price Rule”). Bids will not be subject to cancellation in the event that the City determines to apply the Hold -the-Offering- Price Rule to the Bonds. Bidders should prepare their bids on the assumption that the Bonds will be subject to the Hold-the-Offering-Price Rule in order to establish the issue price of the Bonds. By submitting a bid, the winning bidder shall (i) confirm that the underwriters have offered or will offer the Bonds to the public on or before the date of award at the offering pric e or prices (the “Initial Offering Price”), or at the corresponding yield or yields, set forth in the bid submitted by the winning bidder and (ii) agree, on behalf of the underwriters participating in the purchase of the Bonds, that the underwriters will neither offer nor sell unsold Bonds of any maturity to which the Hold -the-Offering Price Rule shall apply to any person at a price that is higher than the Initial Offering Price to the public during the period starting on the award date for the Bonds and en ding on the earlier of the following: B-4 (1) the close of the fifth (5 th) business day after the award date; or (2) the date on which the underwriters have sold at least 10% of a maturity of the Bonds to the public at a price that is no higher than the Initial Offe ring Price to the public (the “10% Test”), at which time only that particular maturity will no longer be subject to the Hold -the-Offering-Price Rule. The City acknowledges that, in making the representations set forth above, the winning bidder will rely o n (i) the agreement of each underwriter to comply with the requirements for establishing issue price of the Bonds, including, but not limited to, its agreement to comply with the Hold -the-Offering-Price Rule, if applicable to the Bonds, as set forth in an agreement among underwriters and the related pricing wires, (ii) in the event a selling group has been created in connection with the initial sale of the Bonds to the public, the agreement of each dealer who is a member of the selling group to comply with the requirements for establishing issue price of the Bonds, including but not limited to, its agreement to comply with the Hold - the-Offering-Price Rule, if applicable to the Bonds, as set forth in a selling group agreement and the related pricing wires, and (iii) in the event that an underwriter or dealer who is a member of the selling group is a party to a third -party distribution agreement that was employed in connection with the initial sale of the Bonds to the public, the agreement of each broker -dealer that is a party to such agreement to comply with the requirements for establishing issue price of the Bonds, including, but not limited to, its agreement to comply with the Hold -the-Offering-Price Rule, if applicable to the Bonds, as set forth in the thi rd -party distribution agreement and the related pricing wires. The City further acknowledges that each underwriter shall be solely liable for its failure to comply with its agreement regarding the requirements for establishing issue price of the Bonds, including but not limited to, its agreement to comply with the Hold -the-Offering- Price Rule, if applicable to the Bonds, and that no underwriter shall be liable for the failure of any other underwriter, or of any dealer who is a member of a selling group, or of any broker-dealer that is a party to a third-party distribution agreement to comply with its corresponding agreement to comply with the requirements for establishing issue price of the Bonds, including, but not limited to, its agreement to comply with the Hold-the-Offering-Price Rule if applicable to the Bonds. By submitting a bid, each bidder confirms that: (i) any agreement among underwriters, any selling group agreement and each third -party distribution agreement (to which the bidder is a party) relating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each underwriter, each dealer who is a member of the selling group, and each broker -dealer that is a party to such third-party distribution agreement, as applicable, (A) to comply with the Hold -the- Offering-Price Rule, if applicable if and for so long as directed by the winning bidder and as set forth in the related pricing wires, (B) to promptly notify the winning bidder of any sales of Bonds that to its knowledge, are made to a purchaser who is a related party to an underwriter participating in the initial sale of the Bonds to the public (each such term being used as defined below), and (C) to acknowledge that, unless otherwise advised by the underwriter, dealer or broker-dealer, the winning bidder shall assume that each order submitted by the underwriter, dealer or broker-dealer is a sale to the public, and (ii) any agreement among underwriters or selling group agreement relating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each underwriter or dealer that is a party to a third-party distribution agreement to be employed in connection with the initial sale of the Bonds to the public to require each broker-dealer that is a party to such retail distribution agreement to comply with the Hold-the-Offering-Price Rule, if applicable, in each case if and for so long as directed by the winning bidder or the underwriter and as set forth in the related pricing wires. Notes: Sales of any Bonds to any person that is a related party to an underwriter participating in the initial sale of the Bonds to the public (each such term being used as defined below) shall not constitute sales to the public for purposes of this Notice of Sale. Further, for purposes of this Notice of Sale: (1) “public” means any person other than an underwriter or a related party, B-5 (2) “underwriter” means (A) any person that agrees pursuant to a written contract with the City (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the Bonds to the public (including a member of a selling group or a party to a third -party distribution agreement participating in the initial sale of the Bonds to the publ ic). (3) a purchaser of any of the Bonds is a “related party” to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (A) more than 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation or another), (B) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (C) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other), and (4) “sale date” means the date that the Bonds are awarded by the City to the winning bidder. ADJUSTMENTS TO PRINCIPAL AMOUNT AFTER PROPOSALS The City reserves the right to increase or decrease the principal amount of the Bonds. Any such increase or decrease will be made in multiples of $5,000 and may be made in any maturity. If any maturity is adjusted, the purchase price will also be adjusted to maintain the same gross spread. Such adjustments shall be made promptly after the sale and prior to the award of Proposals by the City and shall be at the sole discretion of the City. The successful bidder may not withdraw or modify its Proposal once submitted to the City for any reason, including post-sale adjustment. Any adjustment shall be conclusive and shall be binding upon the successful bidder. OPTIONAL REDEMPTION Bonds maturing on February 1, 2031 through 2035 are subject to redemption and prepayment at the option of the City on February 1, 2030 and any date thereafter, at a price of par plus accrued interest . Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and principal amounts within each maturity to be redeemed shall be determined by the City and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto shall constitute cause for a failure or refusal by the successful bidder thereof to accept delivery of and pay for the Bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the successful bidder. DELIVERY Delivery of the Bonds will be within thirty-five days after award, subject to an approving legal opinion by Kennedy & Graven, Chartered, Bond Counsel. The legal opinion will be paid by the City and delivery will be anywhere in the continental United States without cost t o the successful bidder at DTC. B-6 TYPE OF PROPOSAL Proposals of not less than $4,074,245 (98.65%) and accrued interest on the principal sum of $4,130,000 must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except a s to legality. Proposals for the Bonds should be delivered to Northland Securities, Inc. and addressed to: Maggie Ung, Finance Manager Corcoran City Hall 8200 County Road 116 Corcoran, MN 55340 A good faith deposit (the “Deposit”) in the amount of $82,600 in the form of a federal wire transfer (payable to the order of the City) is only required from the apparent winning bidder, and must be received within two hours after the time stated for the receipt of Proposals. The apparent winning bidder will receive notification of the wire instructions from the Municipal Advisor promptly after the sale. If the Deposit is not received from the apparent winning bidder in the time allotted, the City may choose to reject their Proposal and then proceed to offer the Bonds to the next lowest bidder based on the terms of their original proposal, so long as said bidder wires funds for the Deposit amount within two hours of said offer. The City will retain the Deposit of the successful bidder, the amount of which will be deducted at settlement and no interest will accrue to the successful bidder. In the event the successful bidder fails to comply with the accepted Proposal, said amount will be retained by the City. No Proposal can be withdrawn after the time set for receiving Proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City’s computation of the interest rate of each Proposal, in accordance with customary practice, will be controlling. In the event of a tie, the sale of the Bonds will be awarded by lot. The City will reserve the right to: (i) waive non-substantive informalities of any Proposal or of matters relating to the receipt of Proposals and award of the Bonds, (ii) reject all Proposals without cause, and (iii) reject any Proposal which the City determines to have failed to comply with the terms herein. INFORMATION FROM SUCCESSFUL BIDDER The successful bidder will be required to provide, in a timely manner, certain information relating to the initial offering price of the Bonds necessary to compute the yield on the Bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. OFFICIAL STATEMENT By awarding the Bonds to any underwriter or underwriting syndicate submitting a Proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide to the senior managing underwriter of the syndicate to which the Bonds are awarded, the Final Official Statement in an electronic format as prescribed by the Municipal Securities Rulemaking Board (MSRB). B-7 FULL CONTINUING DISCLOSURE UNDERTAKING The City will covenant in the resolution awarding the sale of the Bonds and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the City, and notices of certain material events, as required by SEC Rule 15c2 -12. BANK QUALIFICATION The City will not designate the Bonds as qualified tax -exempt obligations for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. BOND INSURANCE AT UNDERWRITER’S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the successful bidder, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the successful bidder of the Bonds. Any increase in the costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the successful bidder, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the successful bidder. Failure of the municipal bond insurer to issue the policy after the Bonds have been awarded to the successful bidder shall not constitute cause for failure or refusal by the successful bidder to accept delivery on the Bonds. The City reserves the right to reject any and all Proposals, to waive informalities and to adjourn the sale. Dated: February 24, 2022 BY ORDER OF THE CORCORAN CITY COUNCIL /s/ Maggie Ung Finance Manager Additional information may be obtained from: Northland Securities, Inc. 150 South 5th Street, Suite 3300 Minneapolis, Minnesota 55402 Telephone No.: 612-851 -5900 B-8 EXHIBIT A (ISSUE PRICE CERTIFICATE – COMPETITIVE SALE SATISFIED) The undersigned, for and on behalf of [NAME OF PURCHASER/REPRESENTATIVE] (the [“Purchaser”] [“Representative,” on behalf of itself and other underwriters listed below (collectively, the “Underwriting Group”)], with respect to the sale and issuance of the General Obligation Bonds, Series 2022A (the “Bonds”), issued by the City of Corcoran, Minnesota (the “Issuer”), in the original aggregate principal amount of $____________, certifies as follows: 1. Reasonably Expected Initial Offering Price. (a) As of the Sale Date, the reasonably expected initial offering prices of the Bonds to the Public by the [Purchaser] [Underwriting Group] are the prices listed in EXHIBIT A attached hereto (the “Expected Offering Prices”). The Expected Offering Prices are the prices of the Maturities of the Bonds used by the [Purchaser] [Underwriting Group] in formulating its bid to purchase the Bonds. Attached hereto as EXHIBIT B is a true and correct copy of the bid provided by the [Purchaser] [Underwriting Group] to purchase the Bonds. (b) The [Purchaser] [Underwriting Group] was not given the opportunity to review other bids prior to submitting its bid. (c) The bid submitted by the [Purchaser] [Underwriting Group] constituted a firm offer to purchase the Bonds. (d) Capitalized terms that are used herein that are otherwise not defined shall have the meanings assigned to such terms in Section 5 hereof. 2. Purchase Price. The [Purchaser] [Representative] acknowledges that it is purchasing the Bonds for an aggregate purchase price of $_______________ (par amount of Bonds of $__________, plus original issue premium of $_______, less original issue discount of $________, less [a Purchaser’s] [an underwriter’s] discount of $________), plus accrued interest in the amount of $____________. 3. Receipt of Bonds. The undersigned hereby acknowledges receipt of $____________ in original aggregate principal amount of the Bonds from the Issuer, fully executed and authenticated. [The [Purchaser] [Representative] has paid to [NAME OF INSURER] the sum of $______________ as a premium for an insurance policy for the Bonds.] 4. Representations. The representations set forth in this Certificate of Purchaser (the “Certificate”) are limited to factual matters only. Nothing in this Certificate represents the interpretation by the [Purchaser] [Representative] of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations promulgated thereunder. The undersigned understands that the foregoing information wil l be relied upon by: (i) the Issuer with respect to certain of the representations set forth in a tax certificate of the Issuer executed on the date hereof with respect to compliance with the federal income tax rules affecting the Bonds; and (ii) Kennedy & Graven, Chartered, in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of Information Return for Tax -Exempt Governmental Obligations, Form 8038 -G (Rev. September 2018), and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds. B-9 5. Defined Terms. (a) “Maturity” means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate Maturities. (b) “Public” means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or a related party to an Underwriter. The term “related party” for purposes of this Certificate means, with respect to a purchaser of the Bonds, if the Underwriter and the purchaser are subject, directly or indirectly, to (i) more than fifty percent (50%) common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another); (ii) more than fifty percent (50%) common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another); or (iii) more than fifty percent (50%) common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other). (c) “Sale Date” means the first day on which there is a binding contract in writing for the sale of a Maturity of the Bonds. The Sale Date of the Bonds is April 28, 2022. (d) “Underwriter” means (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). IN WITNESS WHEREOF, the undersigned officer has executed this Certificate of Purchaser as of the date and year first written above. [PURCHASER] [REPRESENTATIVE] By Name Its [Account Members:] B-10 (ISSUE PRICE CERTIFICATE – HOLD THE PRICE) The undersigned, for and on behalf of [NAME OF PURCHASER/REPRESENTATIVE] (the [“Purchaser”] [“Representative,” on behalf of itself and other underwriters listed below (collectively, the “Underwriting Group”))],, with respect to the sale and issuance of the General Obligation Bonds, Series 2022A (the “Bonds”), by the City of Corcoran, Minnesota (the “Issuer”), in the original aggregate principal amount of $____________, certifies as follows: 1. Initial Offering Price for the Bonds. (a) The [Purchaser] [Underwriting Group] offered each Maturity of the Bonds to the Public for purchase at the respective initial offering prices listed in EXHIBIT A attached hereto (the “Initial Offering Prices”). A copy of the pricing wire or equivalent communication for the Bonds is attached hereto as EXHIBIT A. Capitalized terms used herein that are otherwise not defined shall have the meanings assigned to such terms in Section 5 hereof. (b) As set forth in the Notice of Sale and the bid award, the [Purchaser has] [members of the Underwriting Group have] agreed in writing that, (i) for each Maturity of the Bonds, [it] [they] would neither offer nor sell any of the Bonds of such Maturity to any person at a price that is higher than the Initial Offering Price for such Maturity during the Holding Period for such Maturity (t he “Hold-the-Offering-Price Rule”), and (ii) any selling group agreement shall contain the agreement of each dealer who is a member of the selling group, and any retail distribution agreement shall contain the agreement of each broker -dealer who is a party to the retail distribution agreement, to comply with the Hold -the-Offering-Price Rule. Pursuant to such agreement, no Underwriter has offered or sold any Maturity of the Bonds at a price that is higher than the respective Initial Offering Price for that Maturity of the Bonds during the Holding Period. 2. Purchase Price. The [Purchaser] [Representative] acknowledges that it is purchasing the Bonds for an aggregate purchase price of $_______________ (par amount of Bonds of $__________, plus original issue premium of $_______, less original issue discount of $________, less [a Purchaser’s] [an underwriter’s] discount of $________). 3. Receipt of Bonds. The undersigned hereby acknowledges receipt of $_________ in original aggregate principal amount of th e Bonds from the Issuer, fully executed and authenticated. 4. Representations. The representations set forth in this Certificate of Purchaser (the “Certificate”) are limited to factual matters only. Nothing in this Certificate represents the interpre tation by the [Purchaser] [Representative] of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations promulgated thereunder. The undersigned understands that the foregoing information will be relied upon by: (i) the Issuer with respect to certain of the representations set forth in a tax certificate of the Issuer executed on the date hereof with respect to compliance with the federal income tax rules affecting the Bonds; and (ii ) Kennedy & Graven, Chartered, in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of Information Return for Tax -Exempt Governmental Bonds, Form 8038 G (Rev. September 2018), and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds. 5. Defined Terms. (a) “Holding Period” means, with respect to each Maturity of the Bonds, the period starting on B-11 the Sale Date and ending on the earlier of (i) the close of the fifth business day after the Sale Date, or (ii) the date on which the [Purchaser has] [Underwriters have] sold at least ten percent (10%) of such Maturity to the Public at prices that are no higher than the Initial Offering Price for such Maturity. (b) “Maturity” means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate Maturities. (c) “Public” means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or a related party to an Underwriter. The term “related party” for purposes of this Certificate means, with respect to a purchaser of the Bonds, if the Underwriter and the purchaser are subject, directly or indirectly, to (i) more than fifty percent (50%) common ownership of the voting power or the total value of their stock, if both enti ties are corporations (including direct ownership by one corporation of another); (ii) more than fifty percent (50%) common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another); or (iii) more than fifty percent (50%) common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other). (d) “Sale Date” means the first day on which there is a binding contract in writing for the sale of a Maturity of the Bonds. The Sal e Date of the Bonds is April 28, 2022. (e) “Underwriter” means (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). IN WITNESS WHEREOF, the undersigned officer has executed this Certificate of Purchaser as of the date and year first written above. [PURCHASER] [REPRESENTATIVE] By Name Its STAFF REPORT Agenda Item 10a. Council Meeting: February 24, 2022 Prepared By: Jessica Beise Topic: Planning Commission Appointments Action Required: Approval Su m mar y : Planning Commission members are appointed by the City Council on staggered terms. The following Commissioner terms are set to expire at the end of February: •Dean Jacobs •Corinne Brummond Commissioners Jacobs and Brummond are interested in continuing their service on the commission and their applications are attached. Fi n anc i al/B ud get: Planning Commission members serve without compensation. Op t ion s : 1.Appoint Dean Jacobs and Corrine Brummond to the Planning Commission for terms expiring February 28, 2025. 2.Decline one or both of the appointments. Rec o mmendatio n : Appoint Dean Jacobs and Corrine Brummond to the Planning Commission for terms expiring February 28, 2025. Co u n c i l A c t i on: Consider a motion appoint Dean Jacobs and Corrine Brummond to the Planning Commission for terms expiring February 28, 2025. At t ac h men t s : 1.Commission Application – Dean Jacobs 2.Commission Application – Corrine Brummond STAFF REPORT Agenda Item 10b . Council Meeting: February 24, 2022 Prepared By: Jessica Beise Topic: Parks and Trails Commission Appointments Action Required: Approval Su m mar y : Parks and Trails Commission members are appointed by the City Council on staggered terms. The following Commissioner terms are set to expire at the end of February: •Tom Anderson •John Dugan •Alicia Hoffman Commissioner Anderson is interested in continuing to serve on the Parks and Trails Commission. Commissioners Dugan and Hoffman informed staff that they would not be seeking reappointment. Staff prepared a vacancy notice and began accepting applications with an initial deadline of February 15. One application was received from Michelle Friedrich, see attached. The Commission Appointment subcommittee reviewed the application and recommended appointment of Michelle Friedrich to the Parks and Trails Commission. Once vacancy remains on the commission and the City will continue to advertise and accept applications. Fi n anc i al/B ud get: Parks and Trails Commission members serve without compensation. Op t ion s : 1.Appoint Tom Anderson and Michelle Friedrich to the Parks and Trails Commission for terms expiring February 28, 2025. 2.Decline one or both of the appointments. Rec o mmendatio n : Appoint Tom Anderson and Michelle Friedrich to the Parks and Trails Commission for terms expiring February 28, 2025. Co un c i l A c t i on: Consider a motion appoint Tom Anderson and Michelle Friedrich to the Parks and Trails Commission for terms expiring February 28, 2025. At t ac h ments: 1.Commission Application – Tom Anderson 2.Commission Application – Michelle Friedrich STAFF REPORT Agenda Item 10c . Council Meeting: February 24, 2022 Prepared B y: Maggie Ung Topi c: Virtual Purchasing and Bidding Policy A ctio n Required: Approval Su m mar y : On February 9, 2012, the City Council adopted the Financial Guidelines to align with the City’s values, which included the Purchase of Goods and Services Guideline. Embedded into the guidelines includes the procedure for competitive bidding. Staff is proposing an update to the current guidelines for the Purchase of Goods and Services. Staff recommends splitting the guideline into two separate policies, a Purchasing Policy and a Bidding Policy. Change includes, but is not limited to the following: •Updated definition of Emergency Purchasing; •Competitive bidding must take place if contract is expected to exceed $175,000; •Removing best value procurement section and encumbering it within the reference of Minnesota Statute § 16C.28; •Separating competitive bidding procedure and creating the Bidding Policy; •Including electronic bidding processes to the Bidding Policy. The proposed updated policies are attached to this report and is recommended for approval. Fi n anc i al/B ud get: There is no financial/budget impact. Op t ion s : 1.Approve Resolution 2022-13 Adopting the Purchasing and Bidding Policy. 2.Direct staff to amend the policies. 3.Direct staff to continue following the Purchase of Goods and Services Guidelines. Rec o mmendatio n : Approve Resolution 2022-13 Adopting the Purchasing and Bidding Policy. Co u n c i l A c t i on: Consider a motion to approve Resolution 2022-13 Adopting the Purchasing and Bidding Policy. A t t ac h m en t s : 1.Resolution 2022-13 Adopting the Purchasing and Bidding Policy 2.Purchasing and Bidding Policy -- Redline Version for Review 3.Purchasing and Bidding Policy -- Clean Version for Review City of Corcoran February 24, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-13 Page 1 of 1 Motion By: Seconded By: A RESOLUTION ADOPTING THE PURCHASING AND BIDDING POLICY WHEREAS, polices guide in the preparation and management of the City’s overall budget and major objectives to be accomplished and; WHEREAS, Government Finance Officers Association (GFOA) best practices recommends government formally adopt financial policies and; WHEREAS, the Purchasing and Bidding Policy will replace the Purchase of Goods and Services Guidelines in the Financial Guidelines last revised on February 9, 2012; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Corcoran, Minnesota authorizes the adoption of the Purchasing and Bidding Policy. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 24th day of February, 2022. ________________________________ Tom McKee - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – Administrative Services Director 1 | Page CITY OF CORCORAN PURCHASING POLICY CITY OF CORCORAN PURCHASE OF GOODS AND SERVICES PURCHASING GUIDELINEPOLICY 1.Purpose The purpose of this policy is to set a guideline for purchasing of goods and services for the City of Corcoran. 2.1. Purchasing: In the City of Corcoran, department heads have the responsibility to make all purchases while taking advantage of savings through bulk purchasing, systematic procedures, and effective expenditure controls. 3.2. Standards and Specifications: For all purchases, the Ccity will have standards of quality. The standards will be brief, clear descriptions of the minimum requirements for purchases. The standards must be broad enough to include all competitive supplies and equipment. A. The department requiring the item will develop the specifications that will be used to make the purchase. Standard specifications are available for many items. B. Standard specifications will meet the needs of all departments when an item is used by two or more departments. 4.3. Making Purchases: Regular Purchasing: All normal purchasing will adhere to the following process: The department head needing the item will: •Include a description of the product, quantity, and applicable specifications. •The department head will determine whether the budget has authorized the purchase and if sufficient funds are available. •The department head will cancel the requisition if the budget does not allow the purchase or if funds are not available. (Note: The City Council may modify the city’s budget to make funds available, but may not increase the total amount that has been levied). •The department head will request a purchase order number from the City Clerk/Treasurer for product purchased over $1,000.00. •If it is an approved budgeted item, the department head may then proceed to acquire the requested item. •If the city is required to obtain bids for the proposed purchase, the requisition will be referred to the City Council for further action (see competitive bidding requirements). •After the city has received the item and tested its compliance with the specifications, the city will process and pay the associated invoice according to the approval and payment of bills policy (see inspection and testing). Emergency Purchasing: Emergency situations may arise where regular purchasing guidelines cannot be followed for the procurement of goods and services. An emergency means an unforeseen combination of Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Indent: First line: 0" Formatted: Font: Not Bold Formatted: Default, Left, Indent: Left: 0", First line: 0" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Font: Bold Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" REDLINE VERSION FOR REVIEW 2 | Page CITY OF CORCORAN PURCHASING POLICY circumstances that calls for immediate action to prevent a disaster from developing or occurring. Pursuant to Minnesota Statute § 12.29, a local emergency can be declared by the Mayor. It cannot be extended beyond the excess of three days except by or with the consent of the City Council. In emergency situations, the Mayor and City Council may authorize expenditures which may be necessary to maintain the operational status of the city. Such expenditures will require approval at the next regular City Council meeting. • Before deciding that an emergency exists, the Mayor and City Council will consult with the city attorney. • An emergency must be declared by the Mayor. • An emergency must be confirmed by the City Council. • An emergency must be real and unexpected. • An emergency cannot be declared so the City Council can dispense with regular bidding requirements. 5. 4. Inspection and Ttesting: The following steps will be taken before the City pays for purchased items: • The department head or designated employee receiving the item will determine whether it conforms to the city’s specifications for that item. • The department head or designated employee will check packing slips or bills of lading for accuracy and that all items were received by the city. • The department head will retain the packing slip or bill of lading to attach to the corresponding invoice. • 6. 5. Competitive Bidding: Competitive bidding must follow the City’s Bidding Policy. Pursuant to Minnesota Statute § 471.345, the following types of contracts must be competitively bid if they are expected to exceed $100,000 $175,000: • Contracts for the sale or purchase of supplies, materials, or equipment or the rental thereof. • Contracts for the construction, alteration, repair or maintenance of real or personal property. • For contracts that are expected to exceed $25,000 but not to exceed $100,000 $175,000, the cCity can: • Choose the competitive-bidding process., or • Make the contract by direct negotiation process: o Two or more quotations must be obtained if possible. o The city must keep all quotations on file for at least one year. • For construction, alteration, repair, or maintenance work, City can choose the best value alternative under a request for proposals pursuant to Minnesota Statute § 16C.28. For contracts that are expected to be $25,000 or less, the cCity has the discretion to: • Make the contract by obtaining quotations: o Two or more quotations must be obtained if possible. Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Default, Left, Right: 0", No bullets or numbering Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Default, Left, Indent: Left: 0.25", Right: 0", No bullets or numbering 3 | Page CITY OF CORCORAN PURCHASING POLICY o The city must keep all quotations on file for at least one year. • Buy the item onMake the contract based on the open market. • For construction, alteration, repair, or maintenance work, City can choose the best value alternative under a request for proposals pursuant to Minnesota Statute § 16C.28. Pursuant to Minnesota Statute § 471.35, a city that callsthe City can call for bids for purchase of supplies or equipment that are competitive in nature cannot and shall not prepare specifications to exclude all but one type or kind of suppliesy or equipment. • Specifications must allow free and full competition. • Specifications may not give a prospective bidder an unfair advantage. • Specifications must be sufficiently definite and precise to afford a basis for comparable bids. Reverse Auction and Electronic Sale: Cities The City hasalso have authority for the following procedures related to purchases and sales: • Reverse Auction Purchases—Minnesota Statute § 471.345, subd. 16 The City A city may contract to purchase supplies, materials, and equipment (but not services), using an electronic purchasing process in which vendors compete to provide the supplies, materials, or equipment at the lowest price in an open and interactive environment. • Electronic Sales—Minnesota Statute § 471.345, subd. 17 A cityThe City may contract to sell supplies, materials, and equipment which is surplus, obsolete, or used, using an electronic selling process in which purchasers compete to purchase the supplies, materials, or equipment at the highest purchase price in an open and interactive environment. Best Value Procurement: Also, in 2007, the Minnesota Legislature authorized cities and other government entities to use a “best value” procurement process for “construction, building alteration, improvement or repair and maintenance contracts.” For cities, best value procurement became available on July 1, 2007. Best value procurement is a process based on competitive proposals (as an alternative to bids) that awards the contract to “the vendor or contractor offering the best value, taking into account the specifications of the request for proposals, the price and performance criteria as set forth in Minnesota Statute § 16C.02, subd. 4a and described in the solicitation document.” The price and performance criteria mentioned in the previous paragraph may include, but are not limited to: (1) the quality of the vendor’s or contractor’s performance on previous projects; (2) the timeliness of the vendor’s or contractor’s performance on previous projects; (3) the level of customer satisfaction with the vendor’s or contractor’s performance on previous projects; (4) the vendor’s or contractor’s record of performing previous projects on budget and ability to minimize cost overruns; (5) the vendor’s or contractor’s ability to minimize change orders; (6) the vendor’s or contractor’s ability to prepare appropriate project plans; 4 | Page CITY OF CORCORAN PURCHASING POLICY (7) the vendor’s or contractor’s technical capacities; (8) the individual qualifications of the contractor’s key personnel; or (9) the vendor’s or contractor’s ability to assess and minimize risks. “Performance on previous projects” does not include the exercise or assertion of a person’s legal rights. The solicitation document must state the relative weight of price and other selection criteria. The award must be made to the vendor or contractor offering the best value applying the weighted selection criteria. If an interview of the vendor’s or contractor’s personnel is one of the selection criteria, the relative weight of the interview must be stated in the solicitation document and applied accordingly. Personnel administering best value procurement procedures must be trained in RFP process for best value contracting for construction projects. Cooperative Purchasing: The City of Corcoran followsPursuant to Minnesota Statute § 471.345, subd.15 for cooperative purchasing, t. The City A city may contract for the purchase of supplies, materials, or equipment without regard to the competitive bidding requirements of this section if the purchase is through a national municipal association’s purchasing alliance or cooperative created by a joint powers agreement that purchases items from more than one source on the basis of competitive bids or competitive quotations. 7. 9. Prompt Payment to Subcontractors City contracts that involve a prime contractor must require the prime contractor to pay subcontractors within ten days of the prime contractor’s receipt of payment from the city for undisputed services provided by the subcontractor. The contract must require the prime contractor to pay interest of 1.5 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time. 8. 10. Performance and Payment Bonds For some contracts, cities must require contractors to provide a performance bond and a payment bond. This requirement applies to contracts over $75,000 for the performance of public work. The required performance bond benefits the city by ensuring that the work is completed according to the terms of the contract, while the required payment bond benefits subcontractors and people who provide labor and materials, by seeing that their claims for labor and materials are paid. 9. 11. Withholding Certificates Before a city makes the final payment to a contractor under a contract requiring the employment of employees for wages, it must make sure the contractor and any subcontractors have complied with withholding tax laws. Contractors and subcontractors show compliance by submitting a withholding affidavit to the Minnesota Department of Revenue. This can be done electronically or by mailing a completed Form IC134, “Withholding Affidavit for Contractors.” If a contractor or subcontractor has withheld taxes as required, the Department of Revenue will return an electronic confirmation or sign and return the Form IC134, certifying compliance. Formatted: Default, Left, Indent: Left: 0", Right: 0", Tab stops: 2.51", Left Commented [A1]: Moved section 6-8 to Bidding Policy Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" 5 | Page CITY OF CORCORAN PURCHASING POLICY Formatted: Left 1 | Page CITY OF CORCORAN BIDDING POLICY CITY OF CORCORAN BIDDING POLICY 1. Purpose This policy sets forth the general requirements for bidding and advertising for competitively bid projects that are estimated to exceed $175,000. It defines and clarifies the City’s bidding process that is established by state law, including processes specific to electronic bidding. Contracts that involve public improvements under Minnesota Statutes § 429 may have additional requirements. The City of Corcoran follows Minnesota law in regards to municipal contracts, including procedures for competitive bidding and all public contract requirements. 2. Procedure Approval Projects or procurements must be either in the approved budget or require City Council authorization prior to bidding. All competitively bid contracts require City Council action awarding a contract. Plans and Specifications Prior to seeking bids, the City must prepare plans and specifications that meet all laws and requirements. A standard contract template shall also be used and will be modified as necessary for any given project. The plans and specifications shall include the City's contract requirements based upon the estimated contract amount. Bid bonds, responsible bidder, insurance, performance, and payment bonds and withholding affidavits are required for all competitively bid contracts. Other submissions may also be necessary. All bid submissions and documents, including those submitted electronically, shall be retained in accordance with the City’s record retention schedule. Advertisement for Bids Specific language is required for the advertisement for bids. The City's standard advertisement for bids should be used to ensure required language is included. When using electronic bidding, the notice will clearly state that paper bids will not be accepted, and it will further specify the form and manner required for all electronic submissions. Pursuant to Minnesota Statute § 412.311, contracts estimated to exceed $175,000 require publication in the city's official newspaper or a recognized industry trade journal at least ten days prior to the last day for submission of the bids. Pursuant to Minnesota Statue § 331A.03, subd.3 (b), as an alternative dissemination to publishing the notice in a newspaper, the City may use its website or other recognized industry trade journal. Pursuant to Minnesota Statute § 429.041, subd.1, there are specific requirements for advertising for competitive bids when dealing with local improvement projects exceeding $175,000 financed by special assessments exceeds, the publication: 1. Must appear in the City’s official newspaper and at least once in a trade paper (such as the Construction Bulletin) not later than three weeks before the last date of submission for bids. 2. Must contain a statement of when the bids will be opened, which cannot be less 2 | Page CITY OF CORCORAN BIDDING POLICY than three weeks after its first publication. 3. The published notice must contain the following information: a. Description of the project or purchase. b. Availability of specifications in the office of the city clerk. c. Last day for submission of bids and the place where they are due. d. Time and place for opening bids. e. Statement reserving the right of the city to reject all bids. Bid Requirements Required documents from the bidders may include but are not limited to a bid bond, bid form containing responsible contractor language, human rights certification, and affidavit of non- collusion. All paper bids must be sealed and identified on the outside wrapper. When using electronic bidding, City staff shall ensure that the bidding website has the functionality to facilitate submission of all required information and documents to comply with all state bidding laws. Opening and Tabulation of Bids: Pursuant to Minnesota Statute § 429.041, subd.1, the City staff shall keep all bids sealed, or in the case of electronic bids, unviewed, until after the last date for their submission. The City may specify in the public notice that two or more designated officers of the City will open bids publicly and tabulate them in advance of the meeting when they will be considered by the City Council. The following steps will be taken when opening and tabulating competitive bids: 1. All competitive bids will remain sealed, or in the case of electronic bids, unviewed, until the noticed bid opening. 2. All competitive bids will be opened by the City Administrator or City Clerk/Treasurer and one other City staff member or professional staff member. 3. All bids will be tabulated to include the name of the bidder and the amount of the bid. 4. After opening all bids, the City Administrator, City Clerk/Treasurer, or professional staff member such as the City Engineer will perform an investigation of all bids for compliance with the specifications, their reasonableness, and the responsibility of the bidders. 5. All bids received through competitive bidding must conform to the bid specifications. 6. An award of a contract by the City Council may be invalid if the selected bid varies materially from the specifications which may give a bidder a substantial advantage or benefit that other bidders do not have. After Bid Opening Pursuant to Minnesota Statute § 429.041, subd. 2., the City Council may either accept one of the bids or reject all bids. 1. All competitive bids will be presented to the City Council once they have been opened, tabulated, and investigated. The City Council may either accept one of the bids or reject all bids. a. If the City Council rejects all bids, the City Council may either: 3 | Page CITY OF CORCORAN BIDDING POLICY 1. Issue a call for new bids. 2. Decide to undertake the project using day labor if it is a public project. b. If the City Council awards a contract, it must go to the lowest responsible bidder. The bidder who submits the lowest bid in dollars is not necessarily the lowest responsible bidder and the City Council has the discretion in choosing among bidders. If the lowest bidder is not awarded the contract, reasonable and appropriate reasons must be documented in the City’s official minutes. 2. The responsibility of bidders includes the following: a. Financial responsibility b. Integrity c. Skill d. The likelihood of performing faithful and satisfactory work 1 | Page CITY OF CORCORAN PURCHASING POLICY CITY OF CORCORAN PURCHASING POLICY 1.Purpose The purpose of this policy is to set a guideline for purchasing of goods and services for the City of Corcoran. 2.Purchasing: In the City of Corcoran, department heads have the responsibility to make all purchases while taking advantage of savings through bulk purchasing, systematic procedures, and effective expenditure controls. 3.Standards and Specifications: For all purchases, the City will have standards of quality. The standards will be brief, clear descriptions of the minimum requirements for purchases. The standards must be broad enough to include all competitive supplies and equipment. A. The department requiring the item will develop the specifications that will be used to make the purchase. Standard specifications are available for many items. B. Standard specifications will meet the needs of all departments when an item is used by two or more departments. 4.Making Purchases: Regular Purchasing: All normal purchasing will adhere to the following process: The department head needing the item will: •Include a description of the product, quantity, and applicable specifications. •The department head will determine whether the budget has authorized the purchase and if sufficient funds are available. •The department head will cancel the requisition if the budget does not allow the purchase or if funds are not available. (Note: The City Council may modify the city’s budget to make funds available, but may not increase the total amount that has been levied). •If it is an approved budgeted item, the department head may then proceed to acquire the requested item. •If the city is required to obtain bids for the proposed purchase, the requisition will be referred to the City Council for further action (see competitive bidding requirements). •After the city has received the item and tested its compliance with the specifications, the city will process and pay the associated invoice according to the approval and payment of bills policy (see inspection and testing). Emergency Purchasing: Emergency situations may arise where regular purchasing guidelines cannot be followed for the procurement of goods and services. An emergency means an unforeseen combination of circumstances that calls for immediate action to prevent a disaster from developing or occurring. CLEAN VERSION FOR REVIEW 2 | Page CITY OF CORCORAN PURCHASING POLICY Pursuant to Minnesota Statute § 12.29, a local emergency can be declared by the Mayor. It cannot be extended beyond the excess of three days except by or with the consent of the City Council. In emergency situations, the Mayor and City Council may authorize expenditures which may be necessary to maintain the operational status of the city. Such expenditures will require approval at the next regular City Council meeting. • Before deciding that an emergency exists, the Mayor and City Council will consult with the city attorney. • An emergency must be declared by the Mayor. • An emergency must be confirmed by the City Council. • An emergency must be real and unexpected. • An emergency cannot be declared so the City Council can dispense with regular bidding requirements. 5. Inspection and Testing: The following steps will be taken before the City pays for purchased items: • The department head or designated employee receiving the item will determine whether it conforms to the city’s specifications for that item. • The department head or designated employee will check packing slips or bills of lading for accuracy and that all items were received by the city. • The department head will retain the packing slip or bill of lading to attach to the corresponding invoice. 6. Competitive Bidding: Competitive bidding must follow the City’s Bidding Policy. Pursuant to Minnesota Statute § 471.345, the following types of contracts must be competitively bid if they are expected to exceed $175,000: • Contracts for the sale or purchase of supplies, materials, or equipment or the rental thereof. • Contracts for the construction, alteration, repair or maintenance of real or personal property. For contracts that are expected to exceed $25,000 but not to exceed $175,000, the City can: • Choose the competitive-bidding process. • Make the contract by direct negotiation process: o Two or more quotations must be obtained if possible. o The city must keep all quotations on file for at least one year. • For construction, alteration, repair, or maintenance work, City can choose the best value alternative under a request for proposals pursuant to Minnesota Statute § 16C.28. For contracts that are expected to be $25,000 or less, the City has the discretion to: • Make the contract by obtaining quotations: o Two or more quotations must be obtained if possible. o The city must keep all quotations on file for at least one year. • Make the contract based on the open market. 3 | Page CITY OF CORCORAN PURCHASING POLICY • For construction, alteration, repair, or maintenance work, City can choose the best value alternative under a request for proposals pursuant to Minnesota Statute § 16C.28. Pursuant to Minnesota Statute § 471.35, the City can call for bids for purchase of supplies or equipment that are competitive in nature and shall not prepare specifications to exclude all but one type or kind of supplies or equipment. • Specifications must allow free and full competition. • Specifications may not give a prospective bidder an unfair advantage. • Specifications must be sufficiently definite and precise to afford a basis for comparable bids. Reverse Auction and Electronic Sale: The City has authority for the following procedures related to purchases and sales: • Reverse Auction Purchases—Minnesota Statute § 471.345, subd. 16 The City may contract to purchase supplies, materials, and equipment (but not services), using an electronic purchasing process in which vendors compete to provide the supplies, materials, or equipment at the lowest price in an open and interactive environment. • Electronic Sales—Minnesota Statute § 471.345, subd. 17 The City may contract to sell supplies, materials, and equipment which is surplus, obsolete, or used, using an electronic selling process in which purchasers compete to purchase the supplies, materials, or equipment at the highest purchase price in an open and interactive environment. Cooperative Purchasing: Pursuant to Minnesota Statute § 471.345, subd.15 for cooperative purchasing, the City may contract for the purchase of supplies, materials, or equipment without regard to the competitive bidding requirements of this section if the purchase is through a national municipal association’s purchasing alliance or cooperative created by a joint powers agreement that purchases items from more than one source on the basis of competitive bids or competitive quotations. 7. Prompt Payment to Subcontractors City contracts that involve a prime contractor must require the prime contractor to pay subcontractors within ten days of the prime contractor’s receipt of payment from the city for undisputed services provided by the subcontractor. The contract must require the prime contractor to pay interest of 1.5 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time. 8. Performance and Payment Bonds For some contracts, cities must require contractors to provide a performance bond and a payment bond. This requirement applies to contracts over $75,000 for the performance of public work. The required performance bond benefits the city by ensuring that the work is completed according to the terms of the contract, while the required payment bond benefits subcontractors and people who provide labor and materials, by seeing that their claims for labor and materials are paid. 4 | Page CITY OF CORCORAN PURCHASING POLICY 9. Withholding Certificates Before a city makes the final payment to a contractor under a contract requiring the employment of employees for wages, it must make sure the contractor and any subcontractors have complied with withholding tax laws. Contractors and subcontractors show compliance by submitting a withholding affidavit to the Minnesota Department of Revenue. This can be done electronically or by mailing a completed Form IC134, “Withholding Affidavit for Contractors.” If a contractor or subcontractor has withheld taxes as required, the Department of Revenue will return an electronic confirmation or sign and return the Form IC134, certifying compliance. 1 | Page CITY OF CORCORAN BIDDING POLICY CITY OF CORCORAN BIDDING POLICY 1. Purpose This policy sets forth the general requirements for bidding and advertising for competitively bid projects that are estimated to exceed $175,000. It defines and clarifies the City’s bidding process that is established by state law, including processes specific to electronic bidding. Contracts that involve public improvements under Minnesota Statutes § 429 may have additional requirements. The City of Corcoran follows Minnesota law in regards to municipal contracts, including procedures for competitive bidding and all public contract requirements. 2. Procedure Approval Projects or procurements must be either in the approved budget or require City Council authorization prior to bidding. All competitively bid contracts require City Council action awarding a contract. Plans and Specifications Prior to seeking bids, the City must prepare plans and specifications that meet all laws and requirements. A standard contract template shall also be used and will be modified as necessary for any given project. The plans and specifications shall include the City's contract requirements based upon the estimated contract amount. Bid bonds, responsible bidder, insurance, performance, and payment bonds and withholding affidavits are required for all competitively bid contracts. Other submissions may also be necessary. All bid submissions and documents, including those submitted electronically, shall be retained in accordance with the City’s record retention schedule. Advertisement for Bids Specific language is required for the advertisement for bids. The City's standard advertisement for bids should be used to ensure required language is included. When using electronic bidding, the notice will clearly state that paper bids will not be accepted, and it will further specify the form and manner required for all electronic submissions. Pursuant to Minnesota Statute § 412.311, contracts estimated to exceed $175,000 require publication in the city's official newspaper or a recognized industry trade journal at least ten days prior to the last day for submission of the bids. Pursuant to Minnesota Statue § 331A.03, subd.3 (b), as an alternative dissemination to publishing the notice in a newspaper, the City may use its website or other recognized industry trade journal. Pursuant to Minnesota Statute § 429.041, subd.1, there are specific requirements for advertising for competitive bids when dealing with local improvement projects exceeding $175,000 financed by special assessments exceeds, the publication: 1. Must appear in the City’s official newspaper and at least once in a trade paper (such as the Construction Bulletin) not later than three weeks before the last date of submission for bids. 2. Must contain a statement of when the bids will be opened, which cannot be less 2 | Page CITY OF CORCORAN BIDDING POLICY than three weeks after its first publication. 3. The published notice must contain the following information: a. Description of the project or purchase. b. Availability of specifications in the office of the city clerk. c. Last day for submission of bids and the place where they are due. d. Time and place for opening bids. e. Statement reserving the right of the city to reject all bids. Bid Requirements Required documents from the bidders may include but are not limited to a bid bond, bid form containing responsible contractor language, human rights certification, and affidavit of non- collusion. All paper bids must be sealed and identified on the outside wrapper. When using electronic bidding, City staff shall ensure that the bidding website has the functionality to facilitate submission of all required information and documents to comply with all state bidding laws. Opening and Tabulation of Bids: Pursuant to Minnesota Statute § 429.041, subd.1, the City staff shall keep all bids sealed, or in the case of electronic bids, unviewed, until after the last date for their submission. The City may specify in the public notice that two or more designated officers of the City will open bids publicly and tabulate them in advance of the meeting when they will be considered by the City Council. The following steps will be taken when opening and tabulating competitive bids: 1. All competitive bids will remain sealed, or in the case of electronic bids, unviewed, until the noticed bid opening. 2. All competitive bids will be opened by the City Administrator or City Clerk/Treasurer and one other City staff member or professional staff member. 3. All bids will be tabulated to include the name of the bidder and the amount of the bid. 4. After opening all bids, the City Administrator, City Clerk/Treasurer, or professional staff member such as the City Engineer will perform an investigation of all bids for compliance with the specifications, their reasonableness, and the responsibility of the bidders. 5. All bids received through competitive bidding must conform to the bid specifications. 6. An award of a contract by the City Council may be invalid if the selected bid varies materially from the specifications which may give a bidder a substantial advantage or benefit that other bidders do not have. After Bid Opening Pursuant to Minnesota Statute § 429.041, subd. 2., the City Council may either accept one of the bids or reject all bids. 1. All competitive bids will be presented to the City Council once they have been opened, tabulated, and investigated. The City Council may either accept one of the bids or reject all bids. a. If the City Council rejects all bids, the City Council may either: 3 | Page CITY OF CORCORAN BIDDING POLICY 1. Issue a call for new bids. 2. Decide to undertake the project using day labor if it is a public project. b. If the City Council awards a contract, it must go to the lowest responsible bidder. The bidder who submits the lowest bid in dollars is not necessarily the lowest responsible bidder and the City Council has the discretion in choosing among bidders. If the lowest bidder is not awarded the contract, reasonable and appropriate reasons must be documented in the City’s official minutes. 2. The responsibility of bidders includes the following: a. Financial responsibility b. Integrity c. Skill d. The likelihood of performing faithful and satisfactory work STAFF REPORT Agenda Item 10d . Council Meeting: February 24, 2022 Prepared B y: Kevin Mattson Topic: Municipal Well #1 – Accept Plans & Authorize Bids Action Required: Approval Su m mar y : On September 9th, 2021, the Council approved the preliminary design of the Northeast Corcoran Water Supply project. The attached engineering memorandum outlines the Municipal Well #1 infrastructure project plans and estimated costs. A complete set of plans and specifications are available upon request. It is advantageous to construct the production well prior to final design of the water treatment plant to determine the well capacity and accurat ely specify the pump sizing and other electrical requirements. Fi n anc i al/B ud get: Costs for the proposed water supply infrastructure project have been included in the City’s financial management plan. The water fund has a current balance of approximately $2,900,000 which would support costs until bonding would take place later in 2022. Op t ion s : 1.Accept the plans and authorize bids for the Municipal Well #1 improvement project and associated engineering services proposal to Stantec in the amount of $28,800. 2.Decline. Rec o mmendatio n : Accept the plans and authorize bids for the Municipal Well #1 improvement project and associated engineering services proposal to Stantec in the amount of $28,800. Co un c i l A c t i on: Consider a motion to accept the plans and authorize bids for the Municipal Well #1 improvement project and associated engineering services proposal to Stantec in the amount of $28,800. A tt ac h men t s : 1.Engineering Memo – Municipal Well #1 2.Site Plan 3.Engineers Opinion of Probable Cost 4.Proposal for Engineering Services for the Municipal Well #1 Improvement Project Memo To: Kevin Mattson, Public Works Director From: Kent Torve, PE, City Engineer File: 227704426 Date: February 16, 2022 Reference: Corcoran Well #1 – Authorization to Bid & Engineering Services Proposal BACKGROUND The design of the first municipal well to serve northeast Corcoran (Well No. 1) was initially prepared and approved by the Minnesota Department of Health (MDH) in 2020, pending proof of l and acquisition by the City. Based on the refined site plan associated with the proposed water treatment facility, Stantec has revised the design documents for Well No. 1 and engaged with MDH to ensure its ongoing support and approval of the project. The proposed location of the well provides maximum flexibility for future expansion of the water treatment plant in the future and meets MDH’s requirements relative to setback and elevation above high floodwater elevations. Stantec has provided the Well No. 1 bidding documents to the City for final review and requests authorization to bid the project in Spring 2022 for completion in Fall 2022. Stantec has also submitted a proposal to provide bidding and construction administration services for this project. SCHEDULE It is preferable to construct the production well prior to final design of the water treatment plant in order to determine the well capacity and properly specify the pump sizing and electrical requirements, as that equipment will be bid and provided under the water treatment plant bid package. The well capacity that is determined during construction will also inform the City on the timing and urgency of siting additional wells to meet demand. The proposed schedule matches the timelines associated w ith the City’s ultimate goal of bidding and beginning construction of the water treatment plant in 2023. The estimated schedule for bidding and construction is as follows: Ad for Bid – March 4, 2022 Bid Opening – March 29, 2022 Bid Results – April 14, 2022 (Council Meeting) Substantial Completion – September 2022 (120 Days from NTP) COUNCIL ACTION REQUESTED Staff is recommending Council authorize Well #1 for bidding and approve Stantec’s proposal for bidding and construction administration services. BUDGET IMPACT Stantec has prepared an engineer’s opinion of cost for the construction of Well #1 in the amount of $309,710.00. Cost associated with the Engineering Services for Bidding and Construction of Well #1 is proposed at a cost of $35,350. February 16, 2022 Kevin Mattson, Public Works Director Page 2 of 2 Reference: Corcoran Well #1 – Authorization to Bid & Engineering Services Proposal mf h:\city hall information\city government\council, commissions & committees\council information\council agendas\2022\02-24-2022\10d1. well #1 recommendation letter.docx ATTACHMENTS Engineer’s Opinion of Probable Cost for Well #1, prepared by Stantec Corcoran Well No. 1 – Bidding & Construction Services Proposal, prepared by Stantec FIELD ENTRANCE ACCESS POINT APPROXIMATE LOCATION OF SEPTIC TANKS AND DRAIN FIELD60.00BUILDING SET BACK40.00 PARKING SET BACK PROPOSED BUILDING PRODUCTION WELL STORMWATER PONDING AREA 923922921924 9259269279289299309319349 3 2 93 0 9 2 8 9 2 6 9 3 6 9 3 8 9 4 0 925 926 927 928COUNTY ROAD NO. 116N89°58'44"W 362.55N1°09'23"E 161.92N89°59'50"W 320.83 WETWETWETWET WETWETWETWETWETWETWETWETWETWETWETWETWET3.4 AC RAW LAND 1.9 AC WITHIN SETBACKS >>>>>>>>>>>>>>>>>>>>> > > > > > > > > > > > >>>>>>>>5 5 . 0 0 55' WELL BUFFER FUTURE BUILDING EXPANSION 30.00FUTURE ROADWAY CONNECTION (EXACT LOCATION UNKNOWN)24.0018.00 20.009.00 24.00 48.0024.00 HAMMERHEAD TURNAROUND SHEET NUMBER DATENO SURVEY APPROVED DESIGNED DRAWN PROJ. NO.WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISIONI HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORTAND THAT I AM A DULY LICENSEDUNDER THE LAWS OF THE STATE OF PRINT NAME: SIGNATURE:DATE:LIC. NO.REVISION CHECKED Plot Date: 01/20/2022 - 10:28amDrawing name: Z:\227704426\CAD\Dwg\Sheets\227704426_C101.dwgXrefs:, 227704426_XSXT, 227704426_PARCELS, 227704426_WETLANDS-GIS, 227704426_BORDER, 227704426_XSNO, 227704426_XSNV, Utility - BW VanTHE CONTRACTOR SHALL VERIFY AND BE RESPONSIBLE FOR ALL DIMENSIONS. DO NOT SCALE THEDRAWING - ANY ERRORS OR OMISSIONS SHALL BE REPORTED TO STANTEC WITHOUT DELAY.THE COPYRIGHTS TO ALL DESIGNS AND DRAWINGS ARE THE PROPERTY OF STANTEC. REPRODUCTIONOR USE FOR ANY PURPOSE OTHER THAN THAT AUTHORIZED BY STANTEC IS FORBIDDEN.CITY OF CORCORAN, MNWATER TREATMENT PLANT227704426733 Marquette Avenue, Suite 1000Minneapolis, MN 55402www.stantec.comXX XX, XXXXX X C-101 CONCEPT SITE PLAN PROFESSIONAL ENGINEERMINNESOTA0 30 60 N CITY OF CORCORAN 2022 NORTHEAST WATER SUPPLY IMPROVEMENTS - MUNICIPAL WELL #1 ENGINEER'S OPINION OF PROBABLE COST 2/16/22 BASE BID: PRODUCTION WELL 1 Mobilization & Demobilization LS 1 40,000.00$ 40,000.00$ 2 Well Drilling - 18" Borehole LF 261 180.00$ 46,980.00$ 3 12" Steel Casing LF 263 110.00$ 28,930.00$ 4 Grout Annular Space with Neat Cement LF 261 50.00$ 13,050.00$ 5 Well Drilling - 12" Open Borehole LF 173 120.00$ 20,760.00$ 6 Well Development HR 80 440.00$ 35,200.00$ 7 Dynamite Development LB 600 50.00$ 30,000.00$ 8 Removal of Blasting Debris CY 400 130.00$ 52,000.00$ 9 Surface Accessories (Bollards & Locking Well Cap)LS 1 870.00$ 870.00$ 10 Provide Test Pump (800 gpm) and Related Equipment LS 1 8,800.00$ 8,800.00$ 11 Test Pumping HR 80 220.00$ 17,600.00$ 12 Drawdown Monitoring HR 80 50.00$ 4,000.00$ 13 Recovery Monitoring HR 72 50.00$ 3,600.00$ 14 Water Analyses (all analytes, per sampling event)LS 1 3,140.00$ 3,140.00$ 15 Gamma Logging and Report LS 1 2,250.00$ 2,250.00$ 16 Well Televising LS 1 1,650.00$ 1,650.00$ 17 Clean Out Sediment from Existing Observation Well HR 4 180.00$ 720.00$ 18 Well Disinfection LS 1 160.00$ 160.00$ TOTAL BASE BID:309,710.00$ Notes: 1) Permanent submersible pump and pitless adapter are not included. UNIT PRICE SUBTOTAL TABLE 1 ITEM NO. DESCRIPTION UNITS QUANTITY STAFF REPORT Agenda Item 10e. Council Meeting: February 24, 2022 Prepared By: Jessica Beise Topic: Crew Leader Appointment and Maintenance Worker Recruitment Action Required: Approval Su m mar y : On December 22, 2021, City Council authorized phase one of the public works reorganization. Council authorized staff to begin the search for a Crew Leader to fill the vacancy left by the appointment of Brandon Heinz to Operations Manager. The Crew Leader position was posted internally and two applications were received by the February 11, 2022, deadline. Interviews were conducted on February 17, 2022. Staff will be bringing forward a hiring recommendation at the meeting via Resolution. With the appointment the Crew Leader, a vacancy will exist for a maintenance worker. Staff is seeking authorization to begin the recruitment process for a Public Works Maintenance Worker. Fi n anc i al/B ud get: The 2022 includes the Public Works Department reorganization. Op t io n s : 1.Adopt Resolution 2022-20 Appointing Crew Leader; Authorize staff to begin a recruitment process for a Public Works Maintenance Worker. 2.Decline to move forward with the Crew Leader appointment. Rec o mmendatio n : Adopt Resolution 2022-20 Appointing Crew Leader; Authorize staff to begin a recruitment process for a Public Works Maintenance Worker. Co u n c i l A c t i on: Consider a motion Adopt Resolution 2022-20 Appointing Crew Leader and authorize staff to begin a recruitment process for a Public Works Maintenance Worker. At t ac h ments: 1. Resolution 2022-20 (To the Provided with Hiring Details Before or at the Meeting). STAFF REPORT A g enda Item : Revised 10e. Council Meeting: February 24, 2022 Prepared By: Jessica Beise Topic: Crew Leader Appointment and Maintenance Worker Recruitment Action Required: Approval Su m mar y : On December 22, 2021, City Council authorized phase one of the public works reorganization. Council authorized staff to begin the search for a Crew Leader to fill the vacancy left by the appointment of Brandon Heinz to Operations Manager. The Crew Leader position was posted internally and two applications were received by the February 11, 2022, deadline. Interviews were conducted on February 17, 2022. Staff will be bringing forward a hiring recommendation at the meeting via Resolution. With the appointment the Crew Leader, a vacancy will exist for a maintenance worker. Staff is seeking authorization to begin the recruitment process for a Public Works Maintenance Worker. Fi n anc i al/B ud get: The 2022 includes the Public Works Department reorganization. Op t io n s : 1.Approve Offer Letter and Appoint Mark Reinking to Crew Leader. 2.Decline to move forward with the Crew Leader appointment. Rec o mmendatio n : Appoint Mark Reinking to Crew Leader; Authorize staff to begin a recruitment process for a Public Works Maintenance Worker. Co u n c i l A c t i on: Approve offer letter and Appoint Mark Reinking as Crew Leader and authorize staff to begin a recruitment process for a Public Works Maintenance Worker. A t t ac h ments: 1. Offer Letter A Hidden Gem Waiting To Be Discovered www.corcoranmn.gov 8200 County Road 116 Corcoran, MN 55340 Phone: 763-420-2288 Administrative Offices Public Works Offices 9100 County Road 19 Corcoran, MN 55357 Phone: 763-420-2652 Phone: 763-420-8966 Police Department Offices 8200 County Road 116 Corcoran, MN 55340 February 24, 2024 Mark Reinking 10661 Crow Hassan Park Road Hanover, MN 55341 Dear Mr. Reinking, I am pleased to confirm the City of Corcoran’s employment offer to you for the position of Crew Lead This position is classified as full-time, non -exempt (overtime eligible) and subject to the Minnesota/Federal Minimum Wage law. Overtime compensation will be provided at a rate of 1.5 times your hourly wage for hours worked in excess of 40 hours in any work week. A copy of the position description is enclosed. In accordance with city policy and applicable law, the following deductions will be made from your payroll checks: •Insurance premiums for health, life, flex accounts, and group accident plans. •Statutorily required PERA contributions, if your position is eligible. •Federal and state withholding for taxes, social security, etc. •Elected contributions to credit unions or other banks. •Elected Minnesota benefit association. •Elected savings plans for period s longer than 60 days. The typical work week is Monday through Friday as outlined in the Employee Handbook and you will need to adjust your schedule as needed to complete the necessary duties. Your first day of work in the new position will be Saturday February 26, 2022. The beginning rate of pay will be $32.25 per hour which is the 6 months Step for this position in Pay Grade 10. Per our standard procedure, this offer letter is not intended, nor should it be considered as, an employment contract for a def inite or indefinite period of time. This position is subject to a 14 day pay period and our regularly scheduled pay period is bi -weekly, beginning on Saturday and ending on the second Friday after. Since your start date is February 26, 2022, your first pay day at the new rate will be on March 11, 2022. PTO accrual remains the same and other benefits are as established in the Employee Handbook. This position is not represented by a bargaining unit. This position has a six -month probationary period. We are pleased that you will be continuing working for the Corcoran organization and look forward to working with you in this position. If you have any questions prior to your start date, please contact me at 763-400-7029. Revised 10e. A Hidden Gem Waiting To Be Discovered www.corcoranmn.gov 8200 County Road 116 Corcoran, MN 55340 Phone: 763-420-2288 Administrative Offices Public Works Offices 9100 County Road 19 Corcoran, MN 55357 Phone: 763-420-2652 Phone: 763-420-8966 Police Department Offices 8200 County Road 116 Corcoran, MN 55340 Sincerely, Jessica Beise Interim City Administrator cc: Personnel File Once signed to indicate you’ll be joining us, please email a signed copy to Jessica Beise at jbeise@corcoranmn.gov or drop off a copy of the signed letter at Corcoran City Hall at 763 -400-7029. By signing below, I acknowledge I have received the foregoing information regarding my employment offer and related pay and benefits provided in accordance with Minnesota Statutes Sec. 181.032. I understand that City of Corcoran employment is not for a specific term and can be terminated by me or by the City of Corcoran at any time for any reason, with or without cause. _____________________________ ___________________________ Name Date STAFF REPORT Agenda Item 10f . Council Meeting: February 24, 2022 Prepared By: Jessica Beise Topic: Stanchion Liquor License Temporary Amendment and Noise Waiver Action Required: Approval Su m mar y : The Stanchion has approached the City as it is hoping to host an event or events in conjunction with the Hamel Rodeo. In the past the City has granted a temporary liquor license amendment to allow for the use of a tent to expand the area if it’s fenced an additional insurance is provided for that area. The event would likely need a noise ordinance waiver as amplified sound is not allowed for equipment or construction activities after 10pm. A band or bands are being considered and approval is being sought to finalize those contracts. Staff is awaiting additional information from the Stanchion that will be provided to Council when it is received. In conversations with the owner of the Stanchion, the event(s) would likely go until 1:00 or 1:30 am. Fi n anc i al/B ud get: There are no fees for a liquor license amendment or noise waiver. Op t io n s : 1.Consider a temporary liquor license amendment and noise waiver. 2.Decline to consider the temporary liquor license amendment and noise waiver. Rec o mmendatio n : Staff can support a temporary liquor license amendment and potentially a noise waiver. At this time additional information is needed to understand the extent of the request. Co u n c i l A c t i on: Consider a temporary liquor license amendment and noise waiver. At t ac h ments: N/A STAFF REPORT A g enda Item : Revised 10f . Council Meeting: February 24, 2022 Prepared By: Jessica Beise Topic: Stanchion Liquor License Temporary Amendment and Noise Waiver Action Required: Approval Su m mar y : The Stanchion has approached the City as it is hoping to host an event or events in conjunction with the Hamel Rodeo. In the past the City has granted a temporary liquor license amendment to allow for the use of a tent to expand the area if it’s fenced an additional insurance is provided for that area. The event would likely need a noise ordinance waiver as amplified sound is not allowed for equipment or construction activities after 10pm. A band or bands are being considered and approval is being sought to finalize those contracts. Staff is awaiting additional information from the Stanchion that will be provided to Council when it is received. In conversations with the owner of the Stanchion, the event(s) would likely go until 1:00 or 1:30 am. Fi n anc i al/B ud get: There are no fees for a liquor license amendment or noise waiver. Op t io n s : 1.Consider a temporary liquor license amendment and noise waiver. 2.Decline to consider the temporary liquor license amendment and noise waiver. Rec o mmendatio n : Staff can support a temporary liquor license amendment and potentially a noise waiver. At this time additional information is needed to understand the extent of the request. Co u n c i l A c t i on: Consider a temporary liquor license amendment and noise waiver. A t t ac h ments: 1. Email correspondence From: Cc: Subject: Date: Attachments: Jessica Beise Michelle Friedrich; Kevin Mattson Additional Information for Tonight"s Council Meeting Thursday, February 24, 2022 9:56:40 AM Good Morning Council, From: Stanchion Bar <stanchionbar@gmail.com> Sent: Wednesday, February 23, 2022 4:34 PM To: Jessica Beise <jbeise@corcoranmn.gov> Subject: Re: Info for Rodeo Event Hi Jessica, Yes! It’s a go! I have the church on board for Friday and sat night for parking. I would like the bands to play from 9-1:00am. I know Scott Tripeau that has all the houses next to me. He is fine with the bands. I will have a company come in an set up the big tent. I will have write Hennepin come and make sure the power is correct for outside. I will have the lions help me with temporary fencing. I have spoke with Matt, I’m happy to have whatever coverage he suggests for security purposes. I will be selling alcohol in the back within the fencing. I will have my staff carding and doing security. I will reach out to my insurance company and get the coverage I need for the weekend! So far I have Jessie Becker’s band playing Friday night. (Country) I also am planning Country for Saturday night as well. Sat day I plan on doing bingo outside in the tent and Sunday I plan on doing a bean bag tournament under the tent. None of this will interfere with the church services. Please let me know if you would like me to attend. I really appreciate everything you all do for my small town bar! It takes a village! Any questions, issues, or concerns please let me know! Kristy Monnens Stanchion bar 6128594621 Agenda Item: Revised 10f. Kristy, Just checking to see if we have any details so I can process this request tomorrow night at Council. I’ve attached the item Matt had sent over. If we don’t have the additional information we will have to delay the request to the next meeting on March 10th. Thanks! All the best, Jessica From: Jessica Beise Sent: Friday, February 18, 2022 3:34 AM To: kristy Monnens <KMonnens@hotmail.com> Subject: Info for Rodeo Event Kristy, Matt mentioned he got a form out to you to fill out for the event. In order to help move this through the Council process, I need some additional details that the form provides such as the dates and times of the event. Can you complete that form and either get it to Matt or myself as soon as possible so we can get the details to Council? Right now I have a place holder for next weeks agenda but I need some additional details in order for them to grant the requests. Best, Jessica Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC. 1 MEMORANDUM 105 South Fifth Street, Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 Fax: 612-252-9077 www.landform.net DATE February 15, 2022 TO Jessica Beise, Natalie Davis McKeown CC City Council, Planning Commission, Parks & Trails Commission FROM Kendra Lindahl, City Planner RE Active Corcoran Planning Applications Projects/Comments in blue italics are new The following is a summary of project status for current, active projects: 1.Pioneer Trail Industrial Park (formerly Highway 55 Business Park) (PID 32-119-23-34-0013, 32- 119-23-34-0007, 32-119-23-43-0005 and 32-119-23-43-0006) (city file no. 21-047). The City Council reviewed a concept plan on November 22, 2021 and generally indicated support. Staff has been preparing an EAW for the site. As the developer has refined the plans, they are requesting a second Council review as they are now requesting PUD approval for reduced setbacks. This is scheduled for City Council review on February 14th. 2.NE District Plan and Design Guidelines (City file 21-050). The City received a planning grant from Hennepin County. Staff is developing a work plan to update these standards and hopes to kick-off the work plan this month and create a plan for adoption in May prior to expiration of the moratorium on June 10, 2022. 3.Municipal Separate Storm Sewer System (MS4) Ordinance Amendments (city-initiated) (city file 21-051). Planning and Engineering staff have been working on ordinance updates required to comply with State MS4 standards. The ordinance amendments were reviewed at a public hearing at the Planning Commission on January 6th and the Commission continued the item to the February 3rd meeting and recommended approval. City Council approval is expected on February 24th. 4.Final Plat and Final PUD Development Plan for “Cook Lake Highlands” at 19220 CR 10 (PID 25- 119-23-14-0002) (City file 21-057). Trek Real Estate has submitted the application and staff is currently reviewing for completeness. The item is tentatively scheduled for the March 3rd Planning Commission and the March 24th City Council meeting. 5.Final Plat and PUD Final Plan for “Bellwether 7th Addition” (PID 01-119-23-43-0009) (city file no. 21-060). Pulte has submitted an application for 17 lots on the former Schober Homestead property. The item was reviewed at the February 3rd Planning Commission and is scheduled for the February 24th City Council meeting. 6.Wright Hennepin Electric Preliminary Plat, Site Plan and Administrative Permit at 7400 Larkin Road (PID 25-119-23-23-0001) (city file 22-004). The applicant has submitted an application for a new electric substation. The application is scheduled for the February 17th Parks and Trails Commission, a public hearing at the March 3rd Planning Commission and March 24th City Council action. 7.City wide Zoning Ordinance Amendment for Ground Mounted Solar (City file 22-005). Barry and Linda Swanson have submitted a request for an amendment to allow larger footprint ground mounted Agenda Item: 11a. MEMORANDUM 2 solar on residential parcels. Staff is reviewing for completeness and this item is tentatively scheduled for March 3rd Planning Commission and March 24th City Council. 8. PUD Sketch Plan for “Corcoran Farms Business Park” at 20130 Larkin Road (PID 26-119-23-13- 0006) (city file no. 22-006). The applicant has submitted as sketch plan for five industrial buildings totally 726,396 sq. ft. They are requesting a PUD to allow reduced setbacks. This item is scheduled for City Council review on February 24th. 9. Final Plat and PUD Final Plan for “Bellwether 8th Addition” (PID 12-119-23-21-0001) (city file no. 22-007). Pulte has requested approval of 95 lots in the southwest corner of the project. This phase will also include dedication of public park. Staff is currently reviewing for completeness. The item will be scheduled for Planning Commission and City in March or April. 10. Final Plat and PUD Final Plan for “Amberly 2nd Addition” (PID 01-119-23-34-0002) (city file no. 22-008). Pulte has requested approval of 51 lots in the northwest corner to complete the Amberly subdivision. Staff is currently reviewing for completeness. The item will be scheduled for Planning Commission and City in March or April. 11. Site Plan, Interim Use Permit and Variance for “Westside Wholesale Tire” at 19950 75th Ave (PID 26-119-23-14-0018) (city file no. 22-011). Westside Tire has submitted the application for development of the lot to resolve a code compliance issue. The applicant is working to submit missing items by February 18th so that the item could be scheduled for a public hearing at the April 7th Planning Commission and April 28th City Council action. 12. Preliminary Plat for “Kariniemi Meadows” at 23185 CR 10 (PID 18-119-23-11-0002) (city file no. 22-012). The applicant has submitted an application for approval of a 10 lot residential subdivision. Staff is reviewing the item for completeness. If complete, the item would be scheduled for a public hearing at the April 7th Planning Commission and April 28th City Council action. 13. PUD Final Plan and Final Plat for Rush Creek Reserve 2nd Addition (city file no. 22-013). The applicant has submitted the application for the 2nd Addition and staff is reviewing for completeness. This phase includes 106 units (29 single family detached homes, 16 twin homes, 24 villa homes and 27 townhomes). This is tentatively scheduled for Planning Commission and City Council review in April. 14. ATC-TMO T-Mobile Site Plan Amendment at 7201 CR 101 (PID 25-119-23-44-005) (city file no. 22-014). The applicant submitted an application to add ground equipment at an existing telecommunications tower and staff is reviewing for completeness. This application can be administratively approved. The following projects were recently acted upon and will be closed out: 1. Vacation of Cain Road Right-of-Way (ROW) (city file 21-022). The City Council voted to commence the vacation process as requested by Michael Galbraith to remove an easement containing an unimproved portion of Cain Road adjacent to his property at 20700 70th Avenue. The item was reviewed at the August 12th meeting, but did not have a 4/5 vote. The request was approved by the City Council at the February 10th Council meeting. 2. Final Plat, PUD Final Plan and PUD Amendment for “Tavera 3rd Addition” (PID 35-119-23-44- 0004) (city file no. 21-044). The final plat for phase 3 includes 134 townhomes. The application was reviewed at the January 6th Planning Commission and approved at the February 10th City Council meeting. City of Corcoran 2022 City Council Schedule Agenda Item: 12. March 3, 2022 (Special Meeting at 5:30) • Selecting Candidates – City Administrator Finalists March 10, 2022 • Policy for Tabling Planning Items • Potential Solar Project Option • Bellwether Boardwalk RFP Approval • Picketing Ordinance • Rush Creek Reserve Turn Lanes – Authorizing Bids • Closing Out Funds March 15, 2022 – Open House – NE District Guidelines • 7:10 Presentation • 7:30 Q & A March 24, 2022 • Active Corcoran Planning Applications • Cook Lake Highlands Final Plat and PUD • Wright Hennepin Electric Administrative Permit, Site Plan, and Prelminary Plat • Order the EAW – Hwy 55 Business Park • Zoning Ordinance Amendment Ground Mounted Solar • Bellwether 8th Addition Final Plat and Final PUD March 25 th and 28th, 29th Interview Schedule 12pm-6pm? April 14, 2022 Work Session (Tentative) Code Enforcement Review and Priorities for 2022 April 14, 2022 • Fire Department Annual Reports • Years of Service Recongition – Jesse Olson • Years of Service Recongition – Duane Hochstetler • Memorial Bench Program • Rush Creek Reserve Turn Lanes – Award Bids Page 2 of 3 April 28, 2022 (Mayor McKee Not in Attendance) • Active Corcoran Planning Applications • Financial Performance Report May 12, 2022 • NE District Plan and Design Guidelines update standards (Moratorium expires 6- 10-2022) • Three Rivers Park District – Diamond Lake Regional Trail Presentation • Watershed Commissioner Guenthner - Presentation May 26, 2022 • Active Corcoran Planning Applications • NE District Plan and Design Guidelines update standards (Moratorium expires 6- 10-2022) • EAW Decision – Hwy 55 Business Park June 9, 2022 • 2021 Audit June 23, 2022 • 2023 Budget Priorities • Active Corcoran Planning Applications July 14, 2022 July 28, 2022 • Financial Management Plan Update • Active Corcoran Planning Applications • Financial Performance Report August 11, 2022 August 25, 2022 • Active Corcoran Planning Applications September 8, 2022 • 2023 Preliminary Levy • Levy Insert Document September 22, 2022 • Active Corcoran Planning Applications Page 3 of 3 October 13, 2022 October 27, 2022 • Active Corcoran Planning Applications • Financial Performance Report November 10, 2022 • Construction Hours Review – Annual After Change in 2021 • Park Signs Plan November 24, 2022 • Active Corcoran Planning Applications December 8, 2022 • Public Hearing – 2023 Proposed Budget and Property Tax Levy • 2023 Full-time, Part-time, and Seasonal Wage Schedule • 2023 General Fund Budget and Property Tax Levy • 2023 Fee Schedule • 2023 Water and Sanitary Sewer Budget • 2023 Goal Setting Date December 22, 2022 • Active Corcoran Planning Applications