Loading...
HomeMy WebLinkAbout2022-03-10 Council Agenda PacketCorcoran City Council Agenda March 10, 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.Police Department Swearing In i Police Officer Andersen ii Police Sergeant Andress b.iDEAL Energies. – Proposal for On-Site Solar* 7.Consent Agenda a.Draft Feb 10 and 24, 2022 Council Minutes* b.Financial Claims* c.CR 10 & Walnut Lane Turn Lanes Improvements – Accept Plan & Authorize Bids * d.Authorize Land Acquisition Process for Water Tower Site * e.Redistricting and Polling Place Resolution* f.Open Book Virtual Meeting Dates* g.Sale of City Equipment – Zamboni* h.Approve Parks and Trails Commission Seat* 8.Planning Business – Public Comment Opportunity 9.Unfinished Business – Public Comment Opportunity a.Work Plan for City Code Updates* b.Public Works Staffing – Phase 2A* 10.New Business – Public Comment Opportunity a.Residential Picketing Ordinance* b.Government Fee Analysis Proposal* 11.2022 City Council Schedule* 12.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: 812 7584 9292 Press *9 to speak during the Public Comment Sections in the meeting. Video Link and Instructions: https://us02web.zoom.us/j/81275849292 visit http://www.zoom.us and enter Meeting ID: 812 7584 9292 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 STAFF REPORT Agenda Item 4. Council Meeting: March 10, 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 : Corrine Brummond • Parks and Trails Commission: Judy Strehler Financial/Budget: N/A Council Action: N/A Attachments: N/A On-Site Solar for City of Corcoran 3/2/2022 AGENDA ITEM: 6b. About iDEAL Energies iDEAL Energies is the premier Minneapolis-based commercial solar energy developer with 400+ commercial systems currently in operation and 100+ projects under construction. Our seamless vertical integration allows us to develop, design, install, finance, and operate turn-key solar energy systems across multiple sectors including commercial for- profit businesses, non-profits, cities, counties, schools, and non-profits. iDEAL’s affiliated companies provide development, financing, project management, construction, operation and maintenance. Our City Customers Our City/County Customers City of Elko New Market City of Hinkley City of Hopkins City of La Crescent City of Maple Grove City of Mendota Heights City of New Brighton City of Newport City of Richfield City of Rogers City of Roseville City of Shoreview City of St. Cloud City of West St Paul Ramsey County Public Works 80kW DC Reasons to go Solar 1.City owns the array day 1 2.No upfront cost 3.City’s only financial obligation is to purchase the energy produced by the array at a discount for 20 years 4.Free energy after year 20 5.iDEAL Energies operates and maintains the solar array for the city 6.25 Year solar panel warranty Ideal Energies Solar Program Project Cash Flow Monitor your solar array’s performance and demonstrate your City’s sustainability goals with web-based monitoring tools. Next Steps Next Steps Solar Array Engineering and Interconnection Approval •Complete electrical and structural engineering for the solar array •Apply for and receive interconnection approval from Xcel Energy Contract Negotiation •Finalizing and executing a contract with the City in Q2 2022 Solar Array Construction and Startup •Construct and energize the solar array in late 2022 How On-Site Solar Works Solar Panels Inverter Switchgear Utility Meter Utility GridPV Production Meter 1 2 4 5 6 1 2 6 3 5 4 1 3 STAFF REPORT Agenda Items 7a. Council Meeting: March 10, 2022 Prepared By: Michelle Friedrich Topic: Draft Council Minutes - February 10, 2022 Draft Council Minutes - February 24, 2022 Draft Council Commission Joint Minutes – Feb 24, 2022 Action Required: Informational Summary: Draft Minutes of the February 10, and February 24, Council Meetings and Joint Work Session Meeting, will be provided separately to Councilmembers via email and will be placed in the City Hall Agenda Packet and on the website when available. The anticipated date is Tuesday, March 8, 2022 . 1 CITY OF CORCORAN City Council Meeting Minutes February 10, 2022 - 7:00 pm The Corcoran City Council met on February 10, 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 Nichols, and Councilor Vehrenkamp were present. Councilor Schultz arrived at 7:06 pm. Interim City Administrator Beise, Deputy Clerk Friedrich, City Planner Lindahl, Public Works Director Mattson, City Engineer Torve, and Director of Public Safety Gottschalk were present. 1. Call to Order/Roll Call Mayor McKee called the meeting to order at 7:0 0 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 moving item 9a., Trail Haven Bridge Replacement, prior to Planning Business, noted addition of item 7d., Financial Claims, revised item 8a., Resolution and Easement agreement, and a revised item 8c., Resolution 2022-23, regarding the Tavera Outlot, addition of a large- scale document for Trail Haven, and an updated zoning-priority survey. MOTION: made by Nichols, seconded by Vehrenkamp to approve the agenda as modified. Voting Aye: McKee, Bottema, Nichols, and Vehrenkamp (Motion carried 4:0) 4. Commission Representatives Mayor McKee noted Planning Commissioner Shoulak and Parks and Trails Commissioner Anderson were 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 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 persons participated in the public comment opportunity. 6. Presentations/Recognitions 7. Consent Agenda a. Draft January 13th Council Minutes b. Draft January 19th Goal Setting Minutes c. Draft January 27th Work Session Minutes d. Financial Claims e. Resolution 2022-06 Accepting Donation f. Parks and Trails Vacancy and Appointment Process Council requested item 7e., be pulled for further discussion. MOTION: made by Nichols, seconded by Vehrenkamp to approve consent agenda items 7a-d., and 7f., as presented. Voting Aye: McKee, Bottema, Nichols, and Vehrenkamp (Motion carried 4:0) Council thanked the Sports Star Photography the $654.44 donation. MOTION: made by Vehrenkamp, seconded by Nichols to approve consent agenda item 7e., as presented. Voting Aye: McKee, Bottema, Nichols, and Vehrenkamp 2 (Motion carried 4:0) 9. Unfinished Business (Moved up on agenda) a. Trail Haven Bridge Replacement Council noted the bridge impacts three resident properties, with one of the properties owned by Councilor Bottema. City Engineer Torve outlined the history of work completed and including the feasibility study results in 2021 for Trail Haven, Schutte Road, and Cain Road. City Engineer Torve reviewed the bridge replacement plan for Trail Haven in 2022, and Schutte Road in 2023. City Engineer Torve noted three funding sources include state aid road fund, bridge bond funds, and City funds. City Engineer Torve noted Shannon Lane bridge was replaced in 2009. City Engineer Torve reviewed the Hennepin County inspection results on Trail Haven Road, noting a decrease to a 5-ton rating of the arch culvert bridge in October 2021, with initial inspection indicating separation at bottom of the arch culvert. City Engineer Torve recapped the additional inspection in November 2021, and noted the bridge was placed on 6-month inspection cycle by Hennepin County. City Engineer Torve outlined funding options, requirements with each option, construction processes with each option, and cost of options. Public Works Director Mattson noted discussions with impacted residents, and resident consensus was indifferent, but in support of option 2 without the streetlight. Council and staff discussed life expectancy of culvert replacement, current stormwater levels and future stormwater level estimates regarding the project. Council and staff discussed easement calculations in Option 2, with staff noting easement costs are eligible for state aid road funding. Council and staff discussed project timeline, possible delays due to inclement weather, and general contractor bidding process. MOTION: made by Nichols, seconded by Schultz to authorize plans and specifications for Trail Haven bridge replacement with design option 2 and associated appraisals in the amount of $50,500. Voting Aye: McKee, Bottema, Nichols, Schultz, and Vehrenkamp (Motion carried 5:0) 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 one public comment card was received. 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. Mark Lanterman, 6936 Oak Ridge Road, noted item 8b., regarding urban conservation was brought forth to Planning Commission on January 6, 2022, and recommended denial to Council. Mr. Lanterman commented on the urban conservation proposal, noting large, residential developments have historically been approved as PUDs. Mr. Lanterman noted current PUD standards allow Council to extend flexibility within City Code to a developer, in exchange for benefits provided to City by developer. Mr. Lanterman opined the proposal removes Council discretion and codifies a permanent flexibility by allowing developers to leave a percentage of land as undeveloped urban space, in exchange for smaller lots and setbacks, and creates an allowance by right. Mr. Lanterman opined Council should retain ability to analyze such proposal requests and should consider binding future Council discretion into perpetuity. a. Cain Road ROW Vacation Interim City Administrator Beise reviewed history of the Cain Road ROW Vacation request in August 2021, the failure to pass with Council vote, and noted the agreement reached between parties regarding a private drive. Interim City Administrator Beise noted applicant requested Council review of the new vacated road agreement, noting the agreement does not guarantee approval of a driveway at location but does guarantee access. Interim City Administrator Beise noted minor changes to Resolution 2022 -09 by City Attorney Thames which approves the vacation based on the exhibits submitted by Mr. Galbraith. Council discussed codifying a private agreement between the two parties and questioned including within Resolution. Council and staff discussed granted access of property, private ag reement request, and 4/5 majority vote was not available at August 2021 meeting, and City codification of a private easement agreement. Council requested striking condition 3 “whereas, regarding private agreement” from Resolution 2022-09, noting vacation of property still stands, and easement still exist. Interim City Administrator Beise noted because right of way has not been vacated the private agreement will need to be re -signed by parties. City Planner Lindahl clarified the private agreement has been ex ecuted, but not recorded, and when resolution is recorded, the 3 vacation will be recorded, followed by the new easement that is being deeded, and the easement between the two private parties. MOTION: made by Schultz, seconded by Bottema to approve Resolution 2022-09 with condition 3 stricken from the Resolution, and removing “whereas, regarding private agreement ”. Voting Aye: McKee, Bottema, Nichols, Schultz, and Vehrenkamp (Motion carried 5:0) b. Urban Conservation Subdivision City Planner Lindahl reviewed prior discussions of the Urban Conservation Subdivision, noting a 2021 Council priority was to preserve Open Space in the M unicipal Utility Service Area (MUSA). City Planner Lindahl reviewed existing RSF-2 zoning district standards, not ed key elements include 25 percent of gross land open space preservation requirement, 20 -acre minimum size, and park space utilization to meet park dedication under certain conditions . Council discussed modifications to reduce risk, flexibility to guide the process, noted difficulties within the PUD process and limitations it imposes. Council noted communication is difficult, with communication regarding PUDs only occurring during Council meetings, the difficulty in negotiating, and challenges with one-on-one meetings with applicants. Council discussed leverage in the PUD negotiation process to benefit the City in reaching City goals. Council noted current ordinance model has limitations and reviewed some areas that address Council discretion. Council noted historically PUDs have not included 80-foot lots, though PUD processes may have started with 80-foot lot sizes. Council discussed limiting housing types within specific zoning districts. Council noted resident input favors open space preservation, and high-value natural resource areas. Council noted actions in PUDs need to reflect Council direction regarding flexibility in developments, with standards that are Council driven and acceptable, with dedication to hold developers accountable by PUD conditions and not only City Code. City Planner Lindahl discussed Council discretion regarding rezoning. Council noted negotiation between Council, based on directive from Council to staff with developers, and including city-wide benefit criteria within PUDs, not just within the specific development . Council noted initial 75-foot lots in Ravinia ended with smaller lot sizes. Council discussed adhering to Council decisions in future negotiations with developers regarding City benefits within the PUD. Council discussed clarity of PUD conditions, guidance to staff within structural aspect of PUDs and limiting PUD locations. Council noted the purpose of the Urban Conservation Ordinance proposal is to support the Comprehensive Plan. Council noted current weaknesses in the PUD processes do not match the Comprehensive Plan vision. Council discussed City Code supporting the Comprehensive Plan vision and may include individual ordinances for zones , adopting the current urban conservation proposal, and stronger Council direction in PUDs, and preservation of Council discretion to not rezone. Council and staff discussed urban conservation ordinance limits in meeting 25 percent compliance, noting there is no Council discretion on plat ting, but Council maintains discretion in rezoning. Council and staff discussed Council discretion regarding PUD process. Council discussed difficulties and benefits of PUD process. MOTION: made by Nichols to table item. Motion fails due to lack of second. MOTION: made by Vehrenkamp to table item, and request staff to draft resolution with denial verbiage. Councilor Vehrenkamp rescinded Motion. Council and staff discussed options with drafting resolutions to approve or deny the Urban Conservation Subdivision Ordinance. MOTION: made by Vehrenkamp, seconded by Schultz to table item, and request staff to draft one resolution with approval of Urban Conservation Subdivision Ordinance, and one resolution denying Urban Conservation Subdivision Ordinance for discussion at a future Council meeting. Council questioned without changes at the next meeting, the necessity of bringing both items back to a future meeting. Council discussed tabling item and gathering additional information for a final decision, with both resolutions included at a future meeting. Voting Aye: McKee Voting Nay: Bottema, Nichols, Schultz, and Vehrenkamp (Motion fails 1:4) MOTION: made by Schultz, seconded by Bottema to deny. Voting Aye: Bottema, Schultz, and Vehrenkamp Voting Nay: McKee Abstain: Nichols (Motion carried 3:1:1) c. Tavera 3rd Addition Final Plat and PUD Final Plan 4 City Planner Lindahl outlined the background of the Tavera development and site plan. City Planner Lindahl noted the townhomes will be part of an HOA that will own and maintain the buildings, common open space, and private drives. City Planner Lindahl reviewed the PUD includes specific standards for setbacks and lot sizes and noted some flexibility from the design standards was granted for both the single family and townhomes, and specified the plans remain consistent with the preliminary approvals. City Planner Lindahl reviewed the two PUD amendments requested by applicant to modify the PUD and include replacing a 20- foot concrete apron with 3-foot concrete valley gutter, removing prohibition of private drive in Outlot, and correction of error by staff regarding brick size and height. City Planner Lindahl noted the current stockpile locations and will remain until property to the west is developed. City Planner Lindahl reviewed a monument sign at County Road 116 and Hackamore Road is a condition within the Tavera PUD and noted Council direction is necessary to proceed. City Planner Lindahl reviewed approved and preliminary plat, phasing plan with 4th Addition at Gleason Parkway and Horseshoe Trail with major infrastructure improvements. Council and staff discussed a city neighborhood park size in 4thAddition on north side of Horseshoe Trail is approximately 4 to 5 acres. Council and staff reviewed emergency access out of development on 6 2nd Place. Council and staff discussed valley gutters, types of gutter, curb appearance, and stormwater drainage. Council and staff discussed maintenance of val ley gutters and HOA responsibility. Council discussed location of townhomes, density requirements, and differences in project from initial to final design. Council discussed buffer zones, rural, and natural character of City. Council discussed advantages t o City with concrete pad apron option. Council and staff discussed ordinances regarding private drives and size of concrete pad aprons. Council discussed design of gateway sign and benefits related to sign. Council and staff discussed the possibility of a Council Work Session in the next few months to review existing examples and included the Dayton welcome sign as one such example, and including location of the gateway sign discussion at the future work session meeting. Council noted examples can be forwarded to Interim City Administrator Beise or City Planner Lindahl. Council continued discussion of curbs or concrete pad aprons. Staff responded construction of apron can be built with a heavier, robust foundation to the apron. MOTION: made by Nichols to amend Resolution 2022-03 by striking and removing Condition 4c. Motion fails due to lack of second. Paul Tabone, Lennar representative, opined on benefit to City of concrete pad aprons, noting concrete pad aprons do not maintain well due to the clay soils, and create a hardship for the HOA in replacement maintenance. Council reviewed differentiation of private drive from City-street and discussed concrete pad apron. MOTION: made by Schultz, seconded by Vehrenkmap to amend, and approve Resolution 2022-03 with change of striking and removing Condition 4c . Councilmember Vehrenkamp rescinded second within Motion to review and further discuss. Motion fails due to lack of second. MOTION: made by Schultz, seconded by Bottema to amend, and approve Resolution 2022-03 with change of striking and removing Condition 4c., presented in revised version of Resolution 2022 -03. Voting Aye: Vehrenkamp and Schultz Voting Nay: McKee and Nichols Abstain: Bottema (Motion fails 2:2:1) Council reviewed Motion and discussed the failed Motion does not approve Final Plat which is Resolution 2022-04. Interim City Administrator Beise clarified failed Resolution 2022 -03 references the final planned unit development plan for Tavera 3rd Addition. MOTION: made by Nichols to rescind and strike original and first Motion. Motion fails due to lack of second. Council asked for clarification of implication of failed Motion, and if application request falls within the 60-day expiration deadline. City Planner Lindahl clarified March 15, 2022, is the expiration deadline for the application allowing time for Council discussion at the next meeting. MOTION: made by Bottema for a revote of the Resolution 2022-03. Motion fails due to lack of second. MOTION: made by Nichols, seconded by McKee to re-Motion to strike original and first Motion from the record. Voting Aye: McKee, Bottema, Nichols, and Vehrenkamp Voting Nay: Schultz (Motion carried 4:1) 5 MOTION: made by Nichols seconded, by Schultz to approve Resolution 2022-03 with modification of Condition 4c. Council and staff noted because PUD is not substantially different , Council will not have discretion on the Final Plat. Voting Aye: McKee, Bottema, Nichols, and Vehrenkamp Voting Nay: Schultz (Motion carried 4:1) MOTION: made by Bottema, seconded by Schultz to approve Resolution 2022 -04 Final Plat and Development Contract for “Tavera 3rd Addition” for Lennar (City File No. 21-044) Council inquired on additional changes once the Final Plat is approved. City Planner Lindahl noted applicant always has right to return and request changes to Final Plat, that it is unlikely, but is a possibility. Voting Aye: McKee, Bottema, Nichols, and Vehrenkamp Voting Nay: Schultz (Motion carried 5:0) 9. Unfinished Business (Public Comment Opportunity) a. Trail Haven Bridge Replacement Item was moved for discussion prior to item 8-Planning Business. Council noted on the bridge replacement, a property owner can only access back of property where culvert is located and addressed process of culvert replacement and construction. 10. New Business (Public Comment Opportunity) Mayor McKee invited residents to participate in person and telephonically to comment on New Business. Administrative Services Director 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 persons participated in the public comment opportunity. a. 2022 Core Strategies, Short-Term Goals, and Measurables Interim City Administrator Beise outlined Council work sessions to date and the priority goals and discussed possible, and measurable actions regarding strategic planning. Council discussed including concept plan review within a Planning Commission meeting, versus at the preliminary plat stage. City Planner Lindahl noted the concept sketch is only required with a PUD. City Planner Lindahl reviewed past practice in Corcoran regarding the Planning Commission review at the concept stage level. Council noted further thought on the matter is necessary and requested discussion at a future Council work session meeting. Council noted the sketch plan is a very preliminary stage of the process and vague, and Planning Commission’s review encompasses a very detail-oriented review, and is not included within the concept sketch stage. Council discussed the proposed plan. MOTION: made by Bottema, seconded by Vehrenkamp to approve as drafted. Council and staff discussed the core objective listed includes maintaining safety, adding a security goal under 2, and adding a fire protection goal with safety and security measurables . Council noted high-quality municipal services and including a wetland bank measurable. Interim City Administrator Beise noted the item is located under facilities planning and diverse community amenities. Voting Aye: McKee, Bottema, Nichols, Schultz, and Vehrenkamp (Motion carried 5:0) b. Prioritization of the 2022 Code Updates Interim City Administrator Beise outlined 11 code amendments for 2022, reviewed the survey results with order of priority, noting buffer zones, incentives to preserve natural resources, setbacks, credits for tree planning, and PUD processes as the top code ordinance priorities. Council provided feedback of importance of PUD ordinance discussions. Interim City Administrator Beise noted a PUD Work Session will be scheduled into Council calendar. Council noted follow up on front yard ordinance, with pending litigation. Interim City Administrator Beise noted review of the front yard ordinance can be absorbed internally for review as an outstanding issue. Council noted PUD process review, principals, and value, and is not a code update. Council discussed determining the outcome of the PUD Work Session and then formulating principals and value discussion. c. Schedule Work Sessions – Joint Council/Commission and Water Supply Planning Mayor McKee called Work Sessions at 5:30 pm on February 24, and March 10, 2022, for Joint Council and Commissions Meeting and Water Supply Planning, respectively. Councilor Bottema will be absent on February 24. 6 11. Staff Reports a. Bond Refunding 2021 Interim City Administrator Beise updated Council on interest rates, capital bonds, feasibility of favorable results, and bonds preparation. 12. 2022 City Council Schedule; Council received 2022 schedule, noting a full agenda on February 24. Council noted, and requested if possible, on larger packets to allow more time to review packets, if items could be staggered in distribution. Interim City Administrator Beise noted reviewing options with staff to alter process for larger packets if possible. Council noted possibly distributing larger items to Council earlier in the week. Council briefly discussed a solicitation and peddlers’ ordinance. Director of Public Safety Gottschalk noted history of draft solicitation ordinance in Corcoran and noted the League of Minnesota Cities has information on their website and reviews enforcement, protection, restrictions, public view of vetted solicitors, effectiveness of ordinance, and costs. Council and staff discussed the regulation of the solicitation ordinance and challenges associated with that type of ordinance. Interim City Administrator Beise noted a recent conversation with Comcast, no national grant updates, with state broadband items just released including delays with funding. Interim City Administrator Beise noted communications with Comcast on possible funding options. 13. Adjournment MOTION: made by Nichols, seconded by Bottema to adjourn. Voting Aye: McKee, Bottema, Nichols, Schultz, and Vehrenkamp (Motion carried 5:0) Meeting adjourned at 10:54 pm. Michelle Friedrich – Deputy Clerk CITY OF CORCORAN 1 City Council Joint Commission Work Session Minutes February 24, 2022 – 5:30 pm The Corcoran City Council, Planning Commission, and Parks and Trails Commission met on February 24, 2022, in Corcoran, Minnesota. The City Council work session 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 Nichols, and Councilor Schultz were present. Councilor Bottema was excused. Councilor Verhenkamp arrived at 5:45pm. Interim City Administrator Beise and Deputy Clerk Friedrich were present. City Planner Lindahl was available through electronic means. Planning Commissioners present included Commissioner Brummond, Commissioner Shoulak, Commissioner Lanterman, and Commissioner Van Den Eide. Commissioner Jacobs was excused. Parks and Trails Commissioners present included Commissioner Anderson, Commissioner Meister, and Commissioner Christenson. Commissioner s Strehler and Nybo were excused. 1. Call to Order / Roll Call Mayor McKee called the work session to order at 5:30 pm. 2. Goal Setting Session Interim City Administrator Beise reviewed the five core strategies, priority goals, and measurables for joint discussion. Council noted the joint work session is an opportunity to share modifications to existing goals each Commission may like to see incorporated over the next year, or any high-priority additions not included. Inter im City Administrator Beise noted Planning Commissioner Jacobs submitted requests to include review of buffer zoning between structures and outlined a review of the code update list. Council discussed review of drafting a tree planting ordinance and referenced St. Therese project. City Planner Lindahl briefly outlined a tree planting ordinance, and local municipalities adopted tree ordinances. Council and Commissions discussed requirements, tree varieties, and parameter of a tree planting ordinance. Council and Commissions discussed park space, size of parks, park dedication size, and trail easements. Council and Commissions reviewed PUD processes and City Code regarding residential developments. Council discussed parameters to PUD processes and disadvantages of PUDs due to State Law. Council and Commissions reviewed aspects of changing the PUD process to balance Council discretion and rewriting City Code. Council noted defining resident benefits when approving future PUDs between all residents in city versus residents only in new development , which benefits only the builder. 3. Unscheduled Items. No unscheduled business was heard. 4. Adjournment MOTION: made by Vehrenkamp, seconded by Bottema to adjourn. Voting Aye: McKee, Bottema, Nichols, Schultz, and Vehrenkamp (Motion carried 5:0) Meeting adjourned at 6:38 pm. ________________________________ Michelle Friedrich – Deputy Clerk 1 CITY OF CORCORAN City Council Meeting Minutes February 24, 2022 - 7:00 pm The Corcoran City Council met on February 24, 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 Nichols, Councilor Schultz, and Councilor Vehrenkamp were present. Councilor Bottema was excused. Interim City Administrator Beise, Deputy Clerk Friedrich, Public Works Director Mattson, Director of Public Safety Gottschalk, City Planner Lindahl and Finance Manager Ung were present. 1. Call to Order/Roll Call Mayor McKee called the meeting to order at 7:0 0 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 revised items include 7d., Park Ordinance clerical revision, 10e., Offer letter, and 10f., which includes additional information regarding liquor licensing and noise waiver. MOTION: made by Nichols, seconded by Schultz to approve the agenda as modified. Voting Aye: McKee, Nichols, Schultz , and Vehrenkamp (Motion carried 4:0) 4. Commission Representatives Mayor McKee noted Planning Commissioner Van Den Eide and Parks and Trails Commissioner Anderson were 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 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. Matt Faue, 6315 Willow Drive, opined on the warehouse under construction on Willow, and closing the road at the Corcoran/Medina border. Mr. Faue noted opposition of the 5-acre electrical substation proposal North of Larkin Road and opined the substation should be located where the power is needed within new developments or on City property. 6. Presentations/Recognitions a. Parks and Trails Commission Annual Report Commissioner Anderson thanked the current commission members for their dedicated service to the City of Corcoran. Commissioner Anderson briefly discussed the history of the Parks and Trails Commission and the Commission’s changing vision. Commissioner Anderson noted cooperative collaboration and communication with the Police Department and Public Works Department and thanked both department s for their dedication in assisting the Parks and Trails Commission. Commissioner Anderson presented 2021 Parks and Trails accomplishments to Council, noting park highlights, priorities, and parks and trails future funding needs. Commissioner Anderson reviewed shortage in park dedication fees from developers and noted clarifying those needs to align with future park space needs within the City. City Planner Lindahl referenced State Law requires fees to be based on Comprehensive Plan. City Planner Lindahl noted recent Park Dedication Fees were updated and reviewed annually to determine land values and utilize best available data for cost improvements. City Planner Lindahl noted another Park Dedication Fee review will be conducted again in 2022. Commissioner Anderson noted the Parks and Trails Commission relationship with Three Rivers Park, the Corcoran Lions, and the Northwest Area Jaycees. b. Watershed Commissioner Guenthner Presentation 2 Commissioner Guenthner presented a draft work plan for 2022, noted commission’s supervisory responsibility to review applications, serve as conduit for educational resources, resident workshops noting Lawns to Legumes program, rain garden instruction, and water quality programs. Commissioner Guenthner noted collaboration with the University of Minnesota and Hennepin County Rural Conservation. Commissioner Guenthner noted the Watershed Commission funds priority projects through levies and various partnerships, such as capital improvement projects covering the entire watershed. Commissioner Guenthner noted successful work study completed with residents in Corcoran on the west side of Lake Jubert regarding water quality and noted removing twenty plus tons of sediment out of the watershed and Lake Jubert. Commissioner Guenthner noted FEMA maps within city, relevancy in flood plain levels and engineering impacts. Commissioner Guenthner noted the Board of Water and Soil Resources audit review indicates more outreac h by commission is necessary with more direct liaison interaction with Council, and to promote the process for grants and funding for water improvement projects. Council thanked Commissioner Guenthner for the information and his time in serving on the commission. Council inquired on the new MS4 requirement standards regarding stormwater. Public Works Director Mattson noted the permit was renewed and elevated some requirements, and the watershed is in the process of adopting standards effective January 1, 2023, and will affect redevelopment activity. Commission Guenthner reviewed differences with watershed level standards between cities and noted a technical advisory committee of engineers held a meeting to determine common standards, and recommendations to determine low elevation above floodplain across all cities in the watershed to assist cities in updating watershed ordinances . 7. Consent Agenda a. Draft January 27, 2022 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-Charing JPA and 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 Council requested 7i., be pulled for further review. MOTION: made by Nichols, seconded by Schultz to approve agenda items 7a-h., and 7j, as presented. Voting Aye: McKee, Nichols, Schultz, and Vehrenkamp (Motion carried 4:0) Council noted resolution of support maintaining local control of housing regulations . MOTION: made by Schultz, seconded by Nichols to approve the consent agenda item 7i. Voting Aye: McKee, Nichols, 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 for Planning Business items 8a-c. 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 persons participated in the public comment opportunity. a. St. Therese Landscape Variance City Planner Lindahl reviewed background history on preliminary plat approval discussions and noted the landscape requirements were not met. City Planner Lindahl outlined the applicant variance request to include 181 overstory and 66 understory trees where 259 trees are required. City Planner Lindahl noted the southwest corner currently is planned for future expansion, and the reason for the variance request. City Planner Lindahl noted Council has a high level of discretion with a variance request, and the burden of proof is on the applicant to show compliance with the five variance standards. Coun cil and staff discussed undeveloped land portion, and meeting standards by planting trees on the perimeter of property or on an onsite location of the undeveloped land. Council and staff discussed likelihood of trees planted in undeveloped land portion having to be cut down when land is developed. Council discussed what the four acres will encompass and the reason it is being left out of the current plan. Council reviewed future 3 landscaping requirements, noting the vacant portion will need to complete City Code requirements, and new ordinance could require less trees. Council and staff discussed original downtown vision of single -story buildings versus multiple-story buildings currently requiring more area of footprint for landscaping, noting footprint square footage is more understandable and clear tree calculation versus total square footage. Council noted future requirements could allow for trees to be planted in an alternate location to meet landscaping standards and noted hardships in the current request by applicant. Calvin Shelangoski, St. Therese representative, noted total square footage of parcel density is working against project, and open space was required to meet intent of southeast district and adhering to setbacks . Council discussed flexibility in request and adding a condition to planting additional trees within the threshold of the variance. Council discussed landscaping along the southern portion of the building. City Planner Lindahl noted trees planted along the southern portion would likely need to be removed before phase 2 begins. Mr. Shelangoski noted construction timelines regarding the phase 2 will be based on market absorption and impacts to landscaping along the southern portion of the building will be necessary to adhere to the City’s street setback requirement . Council noted need for an ordinance amendment to the downtown area for allowances to plant offsite, or a tree dedication fund for future green spaces in Corcoran. MOTION: made by Nichols, seconded by Vehrenkamp to approve Resolution 2022-12 Approving Variance for St. Therese Communities at 8200 County Road 116 (PID 24 -119-23-23-001) (City File 21-061). Voting Aye: McKee, Nichols, Schultz, and Vehrenkamp (Motion carried 4:0) b. PUD Sketch Plan for Corcoran Farms Business Park City Planner Lindahl outlined the 5-unit, 70-acre site project, noted it is guided light industrial and is located west of the downtown area. City Planner Lindahl noted shoreland overlay district edge with creek running through property. City Planner noted project challenges include the wetland area of the parcel, single public street access, and the proposed driveway placement running through an existing parking lot off County Road 50. City Planner Lindahl noted staff recommendation utilizing proposed driveway as emergency vehicle access only and suggest ed potential of a street to the east. City Planner Lindahl noted restrictions with gas line easements allowing perpendicular crossings only. City Planner noted the industrial park project is over 700,000 square feet and would require an EAW. City Planner Lindahl reviewed the current proposal currently does not have adequate space for the Diamond Lake Trail on the east side which requires a 20- foot easement. City Planner Lindahl noted applicant is requesting a PUD for reduced setbacks on Larkin Road and reduced setbacks on the new public street from 50 feet to 20 feet. City Planner Lindahl reviewed landscaping requirements and limited landscaping space on parcel. City Planner Lindahl noted applicant request 60-foot curb cuts where 30 feet is maximum, noting staff strongly recommends adhering to City curb cut requirements. City Planner Lindahl noted variances show practical difficulties, and PUDs require applicant show compliance with the intent of the district. Council noted based on zoning and guiding, the project is suitable, and non-residential PUDs do not have same implications as residential PUDS. Council and staff discussed residential areas to the southwest located near the proposed project and reduced setbacks along Larkin Road. Council and staff discussed encroachment on existing neighborhoods and screening on loading docks on west property line. Council discussed Larkin Road and County Road 116 intersection and traffic increases at intersection with other proposed infrastructure development in location. Council noted appreciation in opportunity to extend the Diamond Lakes Trail connection and alignment of stormwater ponds along corridor, additional screening to south and west, remaining open to flexibility internally on site, but not on borders of site, and open to discussion on curb cuts . Council noted benefits to City could include improved landscaping along trail, increased park dedication, and upgraded exteriors of project. Council noted importance of landscape screening regarding sketch plan on proposed site. Jeff Minea, applicant, noted very little change to sketch plan to maximize land with buildings, noted there are no parking yards, no semi-storage, with the north building planned for a heavy distribution building, with other buildings with lighter semi-truck use. Mr. Minea opined the buildings will be a high-quality, appealing industrial project. Mr. Minea noted variance is needed along Larkin due to building size, setbacks, and need of marketable building space to intended market. Mr. Minea noted curb cuts on Larkin Road. Council and staff discussed power lines on property and limited screening on Larkin Road, the narrow property and difficulties with screening, options for changing the docking lanes to accommodate and enlarge space along Larkin Road for additional screening. Council discussed creativity in adding additional screening along the south property line and Larkin Road or reducing building size to allow for additional screening. 4 c. PUD Sketch Plan for Highway 55 Business Park City Planner Lindahl noted a name change from Highway 55 Business Park to Pioneer Trail Industrial Park , PUD necessity, and PUD requests. City Planner Lindahl noted Council flexibility and EAW requirement on proposed site. City Planner Lindahl noted PUD is required for buildi ng and parking setbacks from Highway 55, and a request for building material requirement flexibility, and what Council would like to propose as an exchange for flexibility. Council discussed material on building and difference from buildings on County Road 19. Paul Jorgenson, Park Place Storage, noted difficulty in obtaining building product due to supply chain issues, and reviewed current product availability, and timelines for product availability. Mr. Jorgenso n noted review of existing materials in code, the look for the building including landscaping, and elevation changes of building. Council reviewed physical sample of material and City Planner Lindahl noted Nelson International requested same material flexibility, and Council denied request due t o quality. Mr. Jorgenson noted Cottage Grove location uses product, should Council want to inspect product durability. Council noted less impact to product in use of this type of business noting panels are replaceable. Council discussed building and parking setback of 100 feet from Highway 55, and landscaping reductions, noting applicant is requesting visibility from Highway 55. City Planner Lindahl noted setbacks of 25 feet and 65 feet for parking lot and building respectively. Council discussed screening between north side of street and stormwater pond. Council and staff discussed the 50-foot right-of-way noting it is a Minnesota Department of Transportation right-of-way. Council noted additional screening to the north if flexibility is offered with reduced landscaping along Highway 55. Council and staff noted each building has own water and septic, and suggested central septic for all buildings. Council noted narrative for a wash tank until City service is available. Mr. Jorgenson noted water tanks are located on property for water suppression, with a forced main on the property, and system is considered a dry system, until City service is available. Council direction included upgrade exteriors, additional landscaping, higher level of park dedication, and higher screening to the north. Council asked if wetland waterflow on-site will be maintained, and applicant noted there were no changes. d. Final Plat and Final PUD for Bellwether – 7th Addition City Planner Lindahl outlined the 17-lot subdivision, history of project, and PUD Plan. MOTION: made by Vehrenkamp, seconded by Schultz to adopt Resolution 2022-10 Approving the Final PUD Development Plan “Bellwether 7th Addition” for Pulte Homes of Minnesota LLC”. (PID 01-19-23-43-0009) (City File 21-060) Voting Aye: McKee, Nichols, Schultz, and Vehrenkamp (Motion carried 4:0) MOTION: made by Vehrenkamp, seconded by Schultz to adopt Resolution 2022-11 Approving the Final Plat and Development Contract for “Bellwether 7th Addition” for Pulte Homes of Minnesota LLC”. (PID 01-19-23-43-0009) (City File 21-060) Voting Aye: McKee, Nichols, Schultz, and Vehrenkamp (Motion carried 4:0) Mayor McKee called a recess at 9:04 pm. Council reconvened at 9:10 pm. 9. Unfinished Business (Public Comment Opportunity) Mayor McKee invited residents to communicate in -person or telephonically during the public comment opportunity for Unfinished Business item 9a. Interim City Administrator Beise noted no public comment cards were received. 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 t hrough telephone or computer. No residents participated in the public comment opportunity. a. 2022A Bond Issuance Interim City Administrator Beise introduced Tammy Omdal. Tammy Omdal, Northland Securities, outlined financial work completed in the past with the City of Corcoran. Ms. Omdal outlined the planned 2022 debt issuance to fund the 2022-2023 Capital Improvement Plan and refunding of 2014B Utility bonds. Ms. Omdal noted intra savings at approximately $120,000 or 4 percent, if it holds, and if it does not make financial sense, the process can be cancelled. M s. Omdal noted equipment certificate bonds and refunding of bonds, with 2.3 percent true estimated bid evaluation. Mrs. Omdal noted 2020A bonds rate obtained will be a bit higher, or .05 percent difference, and when second 5 bond for water goes out for sale it may be higher, but not significant. Mrs. Omdal noted proposals will go out April 28, 2022. MOTION: made by Schultz, seconded by Vehrenkamp to approve Resolution 2022-14 Providing for the Issuance and Sale of Approximately $4,130,00 General Obligation Bonds, Series 2022A. Voting Aye: McKee, Nichols, Schultz, and Vehrenkamp (Motion carried 4:0) 10. New Business (Public Comment Opportunity) Mayor McKee invited residents to participate in person and telephonically to comment on New Business. Administrative Services Director 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 persons participated in the public comment opportunity. a. Planning Commission Appointments Interim City Administrator Beise reviewed the commission appointme nt process and noted the two commission members, Dean Jacobs and Corrine Brummond, interested in continuing their service on the Planning Commission. MOTION: made by Schultz, seconded by Nichols to appoint Dean Jacobs and Corrine Brummond to the Planning Commission for terms expiring February 28, 2025. Voting Aye: McKee, Nichols, Schultz, and Vehrenkamp (Motion carried 4:0) b. Parks and Trails Commission Appointments Interim City Administrator Beise reviewed the commission appointment process and n oted Commissioner Tom Anderson is interested in continuing his services on the Parks and Trails Commission, and one applicant, Michelle Friedrich, seeking to fill the vacancy of one of the vacant commission seats. MOTION: made by Nichols, seconded by Vehrenkamp to appoint Tom Anderson and Michelle Friedrich to the Parks and Trails Commission for terms expiring February 28, 2025. Voting Aye: McKee, Nichols, Schultz, and Vehrenkamp (Motion carried 4:0) c. Virtual Purchasing and Bidding Policy Finance Manager Ung outlined updates to purchasing and bidding policy sections, definitions, and new language for electronic bidding. Council and staff discussed the State Statute requires competitive bidding if the contract is expected to exceed $175,000. MOTION: made by Nichols, seconded by Schultz to approve Resolution 2022-13 Adopting the Purchasing and Bidding Policy. Voting Aye: McKee, Nichols, Schultz, and Vehrenkamp (Motion carried 4:0) d. Municipal Well #1 – Accept Plans and Authorize Bids Public Works Director Mattson outlined the history and plan authorization of municipal well #1. Public Works Director Mattson noted a March 10 Work Session to update Council of infrastructure, project plans, location of monitoring well, and construction of production well prior to f inal design. Council and staff discussed flexibility and process of expansion. Public Works Director Mattson provided context of project status, upcoming schedule, and noted active staff and consultant daily participation with project. MOTION: made by McKee, seconded by Vehrenkamp to accept the plans and authorize bids for the Municipal Well #1 improvement project and associated engineering services proposal in the amount of $28,000. Voting Aye: McKee, Nichols, Schultz, and Vehrenkamp (Motion carried 4:0) e. Crew Leader Appointment and Maintenance Work Recruitment Interim City Administrator Beise reviewed appointment recommendation of Mark Reinking to the Crew Leader position, and reviewed process in authorizing staff to begin recruitment process for the Public Works Maintenance Worker position. MOTION: made by Schultz, seconded by Vehrenkamp approve offer letter and appoint Mark Reinking as Crew Leader and authorize staff to begin a recruitment process for a Public Works Maintenance Worker . Voting Aye: McKee, Nichols, Schultz, and Vehrenkamp (Motion carried 4:0) 6 f. Liquor License Amendment and Noise Waiver Interim City Administrator Beise outlined applicant request for a temporary liquor license expansion, and requirements of license amendment, and amplified noise waiver request. Council and staff discussed definition of amplified noise. Director of Public Safety Gottschalk noted the 1:00 am request is later than other requests approved by Council, and continued consistency with Council decis ion regarding requests. Council noted applicant responsibility in notifying future resident developments in noise waiver licensing area. Council and staff discussed police security, fencing and general security issues. MOTION: made by McKee, seconded by Vehrenkamp to approve a temporary liquor license amendment and noise waiver. Voting Aye: McKee, Nichols, Schultz, and Vehrenkamp (Motion carried 4:0) 11. Staff Reports a. Active Corcoran Planning Applications; reports received. 12. 2022 City Council Schedule Council received 2022 schedule, noting city administrator candidate selection on March 3, and upcoming planning items in March and April. Council asked for update on Westside Tire application. Council and staff discussed application review. 13. Adjournment MOTION: made by Nichols, seconded by Vehrenkamp to adjourn. Voting Aye: McKee, Nichols, Schultz, and Vehrenkamp (Motion carried 4:0) Meeting adjourned at 9:46 pm. Michelle Friedrich – Deputy Clerk Agenda Item 7b. Council Meeting Date:3/10/2022 Prepared By:Maggie Ung Amount Project name $0.00 -$ $73,293.35 73,293.35$ 143,975.46$ 217,268.81$ Date Paid to Amount Description 2/22/2022 RevTrak 80.00$ Credit Card Fee 2/25/2022 MN PERA 18,833.33$ Pension Plan 2/25/2022 ADP 88,950.09$ ADP Tax 2/28/2022 State of MN - Empower 4,702.92$ Employee Deferred Comp/Healthcare Savings 2/28/2022 Optum Bank 3,878.34$ Employee HSA 3/1/2022 Farmers Bank 10.00$ Bank Fee 3/1/2022 Farmers Bank 60.58$ Bank Fee 3/1/2022 Health Partners 27,460.20$ Employee Health Insurance Total 143,975.46$ 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 CHECK REGISTER - COUNCIL INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 1/6Page: 03/03/2022 03:34 PM User: jpeterson DB: Corcoran EXP CHECK RUN DATES 03/01/2022 - 03/10/2022 JOURNALIZED PAID Check #AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 31845 31845111.92 03/10/229679409GLOVESACME TOOLS02/25/22100-43100-50210 111.92 Total For Check 31845 Check 31846 31846317.94 03/10/22600497825PAYROLL PERIOD #4ADP, LLC02/25/22100-41900-50300 317.94 Total For Check 31846 Check 31847 31847(9.99)03/10/22146T-RQY3-4TR6ORNAMENT RETURNAMAZON CAPITAL SERVICES02/25/22100-00000-36400 31847251.99 03/10/221KD3-939R-HF31HEADSET SYSTEMAMAZON CAPITAL SERVICES02/24/22100-41900-50200 31847208.96 03/10/221L1P-7P1V-G6CMLAPTOP SUPPLIESAMAZON CAPITAL SERVICES02/27/22100-41920-50221 31847124.57 03/10/2211XW-R1XD-LKLTICE CLEATSAMAZON CAPITAL SERVICES02/17/22100-42100-50210 3184729.99 03/10/2217RT-QCGK-TNJGFOAM EAR PLUGSAMAZON CAPITAL SERVICES02/20/22100-42100-50210 3184732.97 03/10/221NCD-LLJY-DY3HSQUAD CIPAMAZON CAPITAL SERVICES02/24/22416-42100-50210 318471,060.30 03/10/221J6Q-W17R-3C49TOURNIQUETAMAZON CAPITAL SERVICES02/19/22416-42100-50210 1,698.79 Total For Check 31847 Check 31848 31848179.38 03/10/22289276POLICE UNIFORMSASPEN MILLS02/21/22100-42100-50417 31848849.00 03/10/22289147POLICE UNIFORMSASPEN MILLS02/17/22100-42100-50417 1,028.38 Total For Check 31848 Check 31849 318491,858.90 03/10/22INUS039775TASERSAXON ENTERPRISE, INC.12/16/21100-42100-50207 1,858.90 Total For Check 31849 Check 31850 3185069.71 03/10/2203-2022PW LAND LINECENTURY LINK02/21/22100-45200-50321 69.71 Total For Check 31850 Check 31851 31851109.21 03/10/224111569929CITY HALL MATSCINTAS - 47002/23/22100-41900-50401 3185174.73 03/10/224111569921BLUE TOWELSCINTAS - 47002/23/22100-43100-50210 3185181.77 03/10/224110867192LARGE BLUE TOWELSCINTAS - 47002/16/22100-43100-50210 31851111.88 03/10/224110867111SHOP TOWELSCINTAS - 47002/16/22100-43100-50210 31851187.15 03/10/224111569941PW UNIFORMSCINTAS - 47002/23/22100-43100-50417 31851187.15 03/10/224110867285PW UNIFORMSCINTAS - 47002/16/22100-43100-50417 751.89 Total For Check 31851 Check 31852 31852336.39 03/10/22140335865INTERNETCOMCAST- 90294333602/15/22100-41900-50321 336.39 Total For Check 31852 Check 31853 318531,985.00 03/10/22124021TEAMS PHONE QTY 7COMPUTER INTEGRATION TECH02/16/22100-41920-50221 318531,794.00 03/10/22124004LAPTOPS & MONITORSCOMPUTER INTEGRATION TECH02/15/22100-41920-50221 318531,715.00 03/10/22124044FIREWALLCOMPUTER INTEGRATION TECH02/16/22100-41920-50221 318535,417.00 03/10/22124003LAPTOP & MONITORSCOMPUTER INTEGRATION TECH02/15/22100-41920-50221 318534,400.25 03/10/22323051AGREEMENT MANAGED SERVICESCOMPUTER INTEGRATION TECH02/15/22100-41920-50300 15,311.25 Total For Check 31853 Check 31854 318543.99 03/10/22022422HYVEE - WATER FOR COUNCIL MEETINGCORPORATE PAYMENT SYSTEMS02/24/22100-41110-50210 3.99 Total For Check 31854 CHECK REGISTER - COUNCIL INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 2/6Page: 03/03/2022 03:34 PM User: jpeterson DB: Corcoran EXP CHECK RUN DATES 03/01/2022 - 03/10/2022 JOURNALIZED PAID Check #AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 31855 318551,685.75 03/10/22251493SQUAD SET UPSTROBES N MORE02/24/22416-42100-50210 1,685.75 Total For Check 31855 Check 31856 3185682.20 03/10/22100X07226504CITY HALL BOTTLE WATERCULLIGAN BOTTLED WATER03/02/22100-41900-50210 82.20 Total For Check 31856 Check 31857 3185793.70 03/10/22RIS0004006395DENTAL INSURANCE 03/2022DELTA DENTAL03/01/22100-00000-21710 3185761.40 03/10/22RIS0004006395DENTAL INSURANCE 03/2022DELTA DENTAL03/01/22100-41400-50130 3185761.40 03/10/22RIS0004006395DENTAL INSURANCE 03/2022DELTA DENTAL03/01/22100-41500-50130 3185763.00 03/10/22RIS0004006395DENTAL INSURANCE 03/2022DELTA DENTAL03/01/22100-41910-50130 31857162.75 03/10/22RIS0004006395DENTAL INSURANCE 03/2022DELTA DENTAL03/01/22100-42100-50130 31857101.35 03/10/22RIS0004006395DENTAL INSURANCE 03/2022DELTA DENTAL03/01/22100-42102-50130 31857187.40 03/10/22RIS0004006395DENTAL INSURANCE 03/2022DELTA DENTAL03/01/22100-43100-50130 3185715.35 03/10/22RIS0004006395DENTAL INSURANCE 03/2022DELTA DENTAL03/01/22100-45100-50130 3185715.35 03/10/22RIS0004006395DENTAL INSURANCE 03/2022DELTA DENTAL03/01/22100-45200-50130 761.70 Total For Check 31857 Check 31858 3185835.62 03/10/22877811WRIGHT HENNEPIN CO-OP 22-004ECM PUBLISHERS INC02/17/22100-00000-22205-128 3185855.62 03/10/22877812CEDAR CREEK ENERGY 22-005ECM PUBLISHERS INC02/17/22100-41900-50350 91.24 Total For Check 31858 Check 31859 31859151.42 03/10/229221814271PAPER TOWELGRAINGER02/22/22100-41900-50200 151.42 Total For Check 31859 Check 31860 318601,550.00 03/10/22220210-456-0PD SUPPLIESH & H SPORTS SHOP02/11/22100-42100-50210 1,550.00 Total For Check 31860 Check 31861 31861175.00 03/10/221045REGIONAL RESPONSE TRAININGHENN CTY CHIEFS OF POLICE ASSO02/17/22100-42100-50207 175.00 Total For Check 31861 Check 31862 3186280.00 03/10/22003401032200PD CAR WASHESHOLIDAY COMPANIES03/01/22100-42100-50220 80.00 Total For Check 31862 Check 31863 31863895.10 03/10/22IN-133129REPAIRKRUGE AIR, A DIVISION OF NCI02/24/22100-43100-50223 895.10 Total For Check 31863 Check 31864 31864163.50 03/10/2232607PLANNING SERVICE 01/2022LANDFORM PROFESSIONAL SERVICES02/14/22100-00000-22205 31864736.00 03/10/2232609PLANNING SERVICE 01/2022LANDFORM PROFESSIONAL SERVICES02/14/22100-00000-22205 31864126.50 03/10/2232605BASS LAKE ESTATES FP & FINAL PUD 17-036LANDFORM PROFESSIONAL SERVICES02/14/22100-00000-22205-011 3186436.50 03/10/2232608PLANNING SERVICE 01/2022LANDFORM PROFESSIONAL SERVICES02/14/22100-00000-22205-013 31864671.50 03/10/2232608PLANNING SERVICE 01/2022LANDFORM PROFESSIONAL SERVICES02/14/22100-00000-22205-017 3186473.00 03/10/2232608PLANNING SERVICE 01/2022LANDFORM PROFESSIONAL SERVICES02/14/22100-00000-22205-024 3186495.50 03/10/2232608PLANNING SERVICE 01/2022LANDFORM PROFESSIONAL SERVICES02/14/22100-00000-22205-035 3186436.50 03/10/2232608PLANNING SERVICE 01/2022LANDFORM PROFESSIONAL SERVICES02/14/22100-00000-22205-044 318642,529.50 03/10/2232608PLANNING SERVICE 01/2022LANDFORM PROFESSIONAL SERVICES02/14/22100-00000-22205-056 3186445.00 03/10/2232607PLANNING SERVICE 01/2022LANDFORM PROFESSIONAL SERVICES02/14/22100-00000-22205-056 CHECK REGISTER - COUNCIL INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 3/6Page: 03/03/2022 03:34 PM User: jpeterson DB: Corcoran EXP CHECK RUN DATES 03/01/2022 - 03/10/2022 JOURNALIZED PAID Check #AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 31864 318641,090.00 03/10/2232608PLANNING SERVICE 01/2022LANDFORM PROFESSIONAL SERVICES02/14/22100-00000-22205-080 318643,459.50 03/10/2232608PLANNING SERVICE 01/2022LANDFORM PROFESSIONAL SERVICES02/14/22100-00000-22205-087 31864390.50 03/10/2232609PLANNING SERVICE 01/2022LANDFORM PROFESSIONAL SERVICES02/14/22100-00000-22205-087 31864180.00 03/10/2232606ENCORE FINAL PUD & FP 18-027LANDFORM PROFESSIONAL SERVICES02/14/22100-00000-22205-087 3186481.50 03/10/2232607PLANNING SERVICE 01/2022LANDFORM PROFESSIONAL SERVICES02/14/22100-00000-22205-098 318641,478.50 03/10/2232608PLANNING SERVICE 01/2022LANDFORM PROFESSIONAL SERVICES02/14/22100-00000-22205-117 31864736.50 03/10/2232609PLANNING SERVICE 01/2022LANDFORM PROFESSIONAL SERVICES02/14/22100-00000-22205-128 31864958.50 03/10/2232608PLANNING SERVICE 01/2022LANDFORM PROFESSIONAL SERVICES02/14/22100-00000-22205-129 318646,447.00 03/10/2232608PLANNING SERVICE 01/2022LANDFORM PROFESSIONAL SERVICES02/14/22100-41910-50300 318643,914.00 03/10/2232609PLANNING SERVICE 01/2022LANDFORM PROFESSIONAL SERVICES02/14/22100-41910-50300 318641,777.50 03/10/2232609PLANNING SERVICE 01/2022LANDFORM PROFESSIONAL SERVICES02/14/22100-42401-50300 31864194.00 03/10/2232609PLANNING SERVICE 01/2022LANDFORM PROFESSIONAL SERVICES02/14/22601-49400-50300 25,221.00 Total For Check 31864 Check 31865 318653.64 03/10/2203-894082SCREWSLANO EQUIPMENT02/17/22100-43100-50210 3.64 Total For Check 31865 Check 31866 31866270.00 03/10/227045CLAIM # 112250, COVENANT # 1000385LEAGUE OF MN CITIES INSUR.TRST02/17/22100-41400-50365 270.00 Total For Check 31866 Check 31867 31867375.00 03/10/22INV3559182LIGHT BULBSLIGHTBULBS.COM02/14/22100-41900-50210 3186795.99 03/10/22INV3552689LIGHT BULBSLIGHTBULBS.COM02/02/22100-41900-50210 470.99 Total For Check 31867 Check 31868 31868116.93 03/10/22661012020 FORD PD INTERCEPTOR REPAIRLITHGOW AUTOMOTIVE02/04/22100-42100-50403 31868421.33 03/10/22657112021 CHEVROLET SILVERADO REPAIRLITHGOW AUTOMOTIVE02/02/22100-42100-50403 538.26 Total For Check 31868 Check 31869 3186953.84 03/10/2294767BIRD DETERRENTMENARDS MAPLE GROVE02/15/22100-41900-50210 53.84 Total For Check 31869 Check 31870 318701,630.00 03/10/221Q 2022WATER CONNECTIONMINNESOTA DEPT OF HEALTH02/23/22601-49400-50300 1,630.00 Total For Check 31870 Check 31871 318711,900.00 03/10/22022322PW TECHNICAL TRAININGMINNESOTA RURAL WATER ASSOC02/23/22601-49400-50207 1,900.00 Total For Check 31871 Check 31872 31872510.00 03/10/2213011ETI CONFERENCEMN CHIEFS OF POLICE ASSOC02/16/22100-42100-50207 510.00 Total For Check 31872 Check 31873 318732.29 03/10/22394720SUPER GLUENAPA AUTO PARTS - Corcoran02/05/22100-42100-50220 3187392.85 03/10/22394530PW UNDERCOATING/PUTTYNAPA AUTO PARTS - Corcoran02/04/22100-43100-50210 3187365.34 03/10/22394883PW SUPPLIES - AEROSOLNAPA AUTO PARTS - Corcoran02/07/22100-43100-50210 3187375.68 03/10/22394813PW AEROSOL/UNDERCOATNAPA AUTO PARTS - Corcoran02/07/22100-43100-50210 31873136.99 03/10/22396277PW SUPPLIES - BATTERYNAPA AUTO PARTS - Corcoran02/17/22100-43100-50220 31873(18.00)03/10/22396545PW CORE DEPOSITNAPA AUTO PARTS - Corcoran02/18/22100-43100-50220 CHECK REGISTER - COUNCIL INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 4/6Page: 03/03/2022 03:34 PM User: jpeterson DB: Corcoran EXP CHECK RUN DATES 03/01/2022 - 03/10/2022 JOURNALIZED PAID Check #AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 31873 355.15 Total For Check 31873 Check 31874 3187475.98 03/10/22225594075001OFFICE SUPPLIESOFFICE DEPOT02/10/22100-41900-50200 3187468.50 03/10/22225593232001OFFICE SUPPLIESOFFICE DEPOT02/03/22100-41900-50200 3187420.60 03/10/22225594074001OFFICE SUPPLIESOFFICE DEPOT02/03/22100-41900-50200 3187478.18 03/10/22225594077001KEYBOARDOFFICE DEPOT02/04/22100-41920-50221 243.26 Total For Check 31874 Check 31875 318752,220.00 03/10/225531LASERFICHE SITE LICENSEOPG-3 INC02/24/22100-41920-50221 318755,496.00 03/10/225530LASERFICHE SCANNING PROJECTOPG-3 INC02/24/22210-41920-50300 7,716.00 Total For Check 31875 Check 31876 31876133.25 03/10/229415081HSA MONTHLY ACCOUNT FEEOPTUM02/11/22100-41900-50300 133.25 Total For Check 31876 Check 31877 318771,368.25 03/10/22203045-00PW PAPERPAPER10109/14/21100-41900-50200 1,368.25 Total For Check 31877 Check 31878 31878141.99 03/10/22N9273343FOLDER INSERTER LEASEQUADIENT LEASING USA INC02/12/22100-41900-50413 31878141.99 03/10/22N9273343FOLDER INSERTER LEASEQUADIENT LEASING USA INC02/12/22601-49400-50413 31878141.99 03/10/22N9273343FOLDER INSERTER LEASEQUADIENT LEASING USA INC02/12/22602-49450-50413 425.97 Total For Check 31878 Check 31879 318791,218.31 03/10/22FEBRUARY2022CHCITY HALL GARBAGERANDY'S ENVIRONMENTAL SERVICES02/19/22100-41900-50380 31879259.99 03/10/22FEBRUARY2022PWPUBLIC WORKS GARBAGERANDY'S ENVIRONMENTAL SERVICES02/19/22100-43100-50380 3187993.30 03/10/22MARCH2022WILDFLOWER PARK GARBAGERANDY'S ENVIRONMENTAL SERVICES02/19/22100-45200-50380 31879327.45 03/10/22MARCH2022CPCITY PARK GARBAGERANDY'S ENVIRONMENTAL SERVICES02/19/22100-45200-50380 1,899.05 Total For Check 31879 Check 31880 3188043.88 03/10/2222-85045UTILITY BILLSRITEWAY BUSINESS FORMS02/16/22601-49400-50200 3188043.88 03/10/2222-85045UTILITY BILLSRITEWAY BUSINESS FORMS02/16/22602-49450-50200 87.76 Total For Check 31880 Check 31881 3188127.70 03/10/22020822MEAL REIMBURSEMENTRYAN BURNS02/08/22100-42100-50207 27.70 Total For Check 31881 Check 31882 31882894.14 03/10/22391283315-243CELL SERVICESPRINT02/18/22100-43100-50321 894.14 Total For Check 31882 Check 31883 31883345.96 03/10/2202-2022PD UNIFORM DRY CLEANINGTIDE CLEANERS03/01/22100-42100-50417 345.96 Total For Check 31883 Check 31884 3188475.00 03/10/2202-2022PD INVESTIGATIONSTRANSUNION RISK & ALTERNATIVE03/01/22100-42100-50300 CHECK REGISTER - COUNCIL INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 5/6Page: 03/03/2022 03:34 PM User: jpeterson DB: Corcoran EXP CHECK RUN DATES 03/01/2022 - 03/10/2022 JOURNALIZED PAID Check #AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 31884 75.00 Total For Check 31884 Check 31885 31885720.00 03/10/2222030100CITY HALL CLEANINGULTIMATE CLEANERS LLC03/01/22100-41900-50401 720.00 Total For Check 31885 Check 31886 3188634.95 03/10/22900895TIRE REPAIRWESTSIDE WHOLESALE TIRE02/25/22100-42100-50403 3188630.00 03/10/22900771TIRE REPAIRWESTSIDE WHOLESALE TIRE02/22/22100-42100-50403 318867.81 03/10/22900872PARTSWESTSIDE WHOLESALE TIRE02/24/22100-43100-50220 72.76 Total For Check 31886 Check 31887 3188712.55 03/10/2235029426059HORSE SHOE TRAIL/CTY RD 116 150-1697-2885WRIGHT-HENNEPIN COOP ELECT02/17/22100-00000-22205-056 12.55 Total For Check 31887 Check 31888 318881,357.25 03/10/22768853789PW BUILDINGXCEL ENERGY02/23/22100-43100-50381 1,357.25 Total For Check 31888 CHECK REGISTER - COUNCIL INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 6/6Page: 03/03/2022 03:34 PM User: jpeterson DB: Corcoran EXP CHECK RUN DATES 03/01/2022 - 03/10/2022 JOURNALIZED PAID Check #AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number 60,922.59 Fund 100 GENERAL FUND 5,496.00 Fund 210 ARPA FUND 2,779.02 Fund 416 CAPITAL-EQUIPMENT CERTS 3,909.87 Fund 601 WATER 185.87 Fund 602 SEWER Fund Totals: 73,293.35 Total For All Funds: Memo To: Kevin Mattson, City of Corcoran From: Kent Torve, PE, City Engineer Nick Wyers, PE Project: 227704115 Date: March 3, 2022 Subject: County Road 10 and Walnut Lane Turn Lane Improvements – Authorization to Bid Council Action Requested •We ask the City Council to consider the County Road 10 and Walnut Lane Turn Lane Improvements Project as presented and accept plans and specifications and authorize bidding for the project Background •The Rush Creek Reserve development has constructed Walnut Lane triggering a need for improvements on County Road 10. The County directs the design requirements through the access permit process and has approved the design and we are awaiting final signatures. •Improvements to County Road 10 consist of the construction of westbound right turn and eastbound left turn lanes into the development’s main entrance. Three Rivers Park District requires a raised concrete median to provide for a safer pedestrian crossing of County Road 10 for the future trail users. •This project is being coordinated with the Hennepin County Improvement Project along County Road 10. The City project contractor will install their improvements ahead of the county project in which County Road 10 will be resurfaced from the approximate intersection of County Road 50 to the west. Schedule The following is an anticipated schedule: •Council Authorizes Ad for Bids March 10 •Project Bidding Period March/April •Bid Opening April 14 •Council Awards Bid April 28 •Project Construction May - July •Substantial Completion July 2022 •Final Completion July 2022 Cost and Funding This project is funded through the Rush Creek Reserve development escrow. The total construction cost for this project is estimated to be $519,753.01 as shown in the attached table. Prior to award, the developer will contribute cash escrow to cover all project costs including construction, engineering, administration, utilit y relocations, etc. Agenda Item: 7c. March 3, 2022 Kevin Mattson Page 2 of 2 Reference: County Road 10 and Walnut Lane Turn Lane Improvements – Authorization to Bid wn u:\227704115\technical\03 - bidding\05 - bid authorization\authorize for bid recommendation memo.docx Recommendations Staff is recommending that Council review and accept the plans and specifications and authorize the advertisement for bids for the County Road 10 and Walnut Lane Turn Lane Improvements. Site plans (Sheets C-601 and C-602) are attached for reference. A complete set of plans and specifications are available for review upon request. Stantec Consulting Services Inc. Kent Torve, PE City Engineer Phone: 763-479-4209 ktorve@wenck.com Attachments: • Cost Estimate • County Road 10 and Walnut Lane Turn Lane Improvements Site Plans County Road 10 and Walnut Lane Turn Lane Improvements Bid Item Description Units Quantity Unit Price Subtotal 1 MOBILIZATION & DEMOBILIZATION LUMP SUM 1.00 30,000.00$ 30,000.00$ 2 TRAFFIC CONTROL LUMP SUM 1.00 15,000.00$ 15,000.00$ 3 SAWING BITUMINOUS PAVEMENT (FULL DEPTH)LIN FT 2410 2.50$ 6,025.00$ 4 REMOVE BITUMINOUS PAVEMENT SQ YD 1600 6.50$ 10,400.00$ 5 REMOVE CONCRETE CURB AND GUTTER LIN FT 10 30.00$ 300.00$ 6 REMOVE STORM SEWER CULVERT LIN FT 88 50.00$ 4,400.00$ 7 REMOVE STORM SEWER DRAINTILE LIN FT 60 20.00$ 1,200.00$ 8 REMOVE STORM SEWER STRUCTURE EACH 1 500.00$ 500.00$ 9 SALVAGE & REINSTALL SIGN EACH 7 350.00$ 2,450.00$ 10 SALVAGE & REINSTALL MAILBOX EACH 1 400.00$ 400.00$ 11 SALVAGE AND REINSTALL CHAINLINK FENCE LIN FT 20 75.00$ 1,500.00$ 12 PAVEMENT MARKING REMOVAL LUMP SUM 1 6,000.00$ 6,000.00$ 13 CONNECT TO EXISTING STORM SEWER PIPE EACH 3 550.00$ 1,650.00$ 14 CONNECT TO EXISTING STORM SEWER STRUCTURE EACH 3 1,000.00$ 3,000.00$ 15 12" RCP SEWER CLASS V LF 397 60.00$ 23,820.00$ 16 15" RCP SEWER CLASS V LF 10 65.00$ 650.00$ 17 12" RC FLARED END SECTION W/ TRASH GUARD EACH 3 1,000.00$ 3,000.00$ 18 CONSTRUCT DRAINAGE STRUCTURE - 4' DIA MH EACH 1 5,000.00$ 5,000.00$ 19 CONSTRUCT DRAINAGE STRUCTURE - 30" DIA CB EACH 3 3,500.00$ 10,500.00$ 20 INSTALL STRUCTURE SIGN AND MARKER POST EACH 1 300.00$ 300.00$ 21 STRIP, STOCKPILE, AND RESPREAD TOPSOIL LUMP SUM 1.0 5,000.00$ 5,000.00$ 22 COMMON EXCAVATION - ONSITE (EV) (P)CU YD 1600 12.00$ 19,200.00$ 23 COMMON EXCAVATION - OFFSITE (LV)CU YD 250 18.00$ 4,500.00$ 24 COMMON BORROW - IMPORT (LV)CU YD 500 20.00$ 10,000.00$ 25 LOAM TOPSOIL (LV)CU YD 100 35.00$ 3,500.00$ 26 SUBGRADE EXCAVATION - OFFSITE (EV)CU YD 130 20.00$ 2,600.00$ 27 GEOTEXTILE FABRIC, TYPE V NON-WOVEN (P)SQ YD 4060 2.50$ 10,150.00$ 28 GRANULAR BORROW TON 470 20.00$ 9,400.00$ 29 AGGREGATE BASE CLASS 5, 100% CRUSHED TON 2280 20.00$ 45,600.00$ 30 AGGREGATE SURFACING CLASS 2, 100 % CRUSHED LIMESTONE TON 160 45.00$ 7,200.00$ 31 STABILIZING AGGREGATE, 3" MINUS TON 230 35.00$ 8,050.00$ 32 BITUMINOUS TACK COAT MATERIAL GAL 220 6.50$ 1,430.00$ 33 TYPE SP 12.5 WEARING COURSE MIXTURE (3,C)TON 510 85.00$ 43,350.00$ 34 TYPE SP 12.5 NON WEARING COURSE MIXTURE (3,C)TON 1020 80.00$ 81,600.00$ 35 B412 CURB AND GUTTER LF 140 18.00$ 2,520.00$ 36 B424 CURB AND GUTTER LF 358 20.00$ 7,160.00$ 37 D424 CURB AND GUTTER LF 29 20.00$ 580.00$ 38 CONCRETE DRAINAGE FLUME SQ YD 10 50.00$ 500.00$ 39 3" CONCRETE MEDIAN SQ FT 808 12.00$ 9,696.00$ 40 6" CONCRETE WALK SQ FT 309 15.00$ 4,635.00$ 41 TRUNCATED DOMES SQ FT 60 70.00$ 4,200.00$ BASE BID: GENERAL REMOVALS STORM SEWER SITE GRADING STREET 42 SIGN PANELS TYPE C SQ FT 44 40.00$ 1,760.00$ 43 INSTALL SIGN TYPE C AND POST EACH 12 250.00$ 3,000.00$ 44 PAVEMENT MESSAGE (RT ARROW) PAINT EACH 2 100.00$ 200.00$ 45 PAVEMENT MESSAGE (LT ARROW) PAINT EACH 2 100.00$ 200.00$ 46 4" DOUBLE SOLID LINE YELLOW - PAINT LIN FT 3360 2.00$ 6,720.00$ 47 6" SOLID LINE WHITE - PAINT LIN FT 1760 1.50$ 2,640.00$ 48 4" SOLID LINE WHITE - PAINT LIN FT 600 1.00$ 600.00$ 49 4" BROKEN LINE WHITE - PAINT LIN FT 360 1.00$ 360.00$ 50 24" SOLID LINE YELLOW - PAINT LIN FT 520 10.00$ 5,200.00$ 51 MNDOT SEED MIXTURE - 25-131 SQ YD 1670 0.15$ 250.50$ 52 MNDOT SEED MIXTURE - 25-141 SQ YD 3940 0.20$ 788.00$ 53 STABILIZED CONSTRUCTION EXIT - MAINTAINED LUMP SUM 1.0 2,500.00$ 2,500.00$ 54 SILT FENCE, TYPE MS - MAINTAINED LIN FT 580 3.00$ 1,740.00$ 55 SEDIMENT CONTROL LOG (OR BIOROLL) - MAINTAINED LIN FT 1500 5.00$ 7,500.00$ 56 INLET PROTECTION - MAINTAINED EACH 10 200.00$ 2,000.00$ 57 STREET SWEEPER (WITH PICKUP BROOM)HOUR 20 150.00$ 3,000.00$ 58 WATER FOR DUST CONTROL MGAL 20 45.00$ 900.00$ 59 HYDRAULIC TYPE STABILIZED FIBER MATRIX SQ YD 1670 1.50$ 2,505.00$ 60 EROSION CONTROL BLANKET CATEGORY 20 SQ YD 3940 3.50$ 13,790.00$ SUBTOTAL:462,619.50$ 5% CONTINGENCY 23,130.98$ SUBTOTAL:485,750.48$ 7% CONSTRUCTION ADMIN 34,002.53$ ESTIMATED TOTAL 519,753.01$ SITE EROSION CONTROL MB COUNTY ROAD 10PID: 2311923430007PID: 2311923430008PID: 23119234200046SW4DY24SY (20FT SPACING AT 45°)4TW24SY4TW24SY (20FT SPACING AT 45°)4DY4SW6SW4SW4DY4DY12'12'12'12'12'12'12'12'180'300'300'180'R 3 0 'CONCRETE PED RAMPCONCRETE MEDIANBITUMINOUS TRAIL (BY OTHERS)B424 CURBB424 CURBB412 CURB6+007+008+009+0010+0011+0012+0013+0014+0015+0050:1 TAPER15:1 TAPER15:1 TAPERR30'CONCRETE MEDIAN NOSESEE DETAIL 7113A/C-800CONCRETE MEDIAN NOSESEE DETAIL 7113A/C-800MB 50:1 TAPERREINSTALL EXISTING SIGN (NO PARKING)BDCAGFEDEFSTART CURBSTA 13+13END CURBSTA 9+39START CURBSTA 10+21END CURBSTA 10+79H6SW6SWCONCRETE FLUMEM BCOUNTY ROAD 10PID: 2311923430008PID: 2311923420005PID: 2311923340001PID: 2311923310002PID: 231192342000424SY24SY4TW6SW4SW4DY4DY4DY6SW12'12'12'12'12'630'180'300'B424 CURB0+001+002+003+004+005+006+007+008+009+0010+0050:1 TAPER15:1 TAPERRELOCATED MAILBOXM B REINSTALL EXISTING SIGN(50 MPH/NO PARKING)BGFEND CURBSTA 9+39START CURBSTA 10+216SWCONCRETE FLUME03/03/2022 ISSUED FOR BID 0DWN BY:ISSUE DATE:PROJECT NO.:227704115U:\227704115\drafting\5_DESIGN\1_CAD\3 PLANSHEETS\C-601 PROPOSED LAYOUT AND STRIPING PLAN.dwg DESCRIPTION:DATE:ISSUE NO.:ISSUE NO.:SHEET NO.:SHEET TITLE:3/3/2022 1:27:14 PM CLIENT:CITY OFCORCORANCOUNTY ROAD 10 AND WALNUT LANE TURN LANE IMPROVEMENTS CORCORAN, MINNESOTA PROJECT TITLE:JDLCHK'D BY:NPWAPP'D BY:KCTCERTIFICATION:8200 COUNTY ROAD 116CORCORAN , MN 553401800 PIONEER CREEK CENTERMAPLE PLAIN, MN 55359PHONE: 763-479-4200FAX: 763-479-4242WWW.STANTEC.COM03/03/20220DATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM ADULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THESTATE OF MINNESOTA.LICENSE NO.: 2480703/03/2022KENTON C. TORVEC-601PROPOSED LAYOUT ANDSTRIPING PLANSEE BELOWSEE SHEET C-602SEE ABOVE WARNING:THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OFALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIESIN MAINTAINING THEIR SERVICE AND/OR RELOCATION OF LINES.THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUNDWIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIEDSTRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACETHE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THEOWNER.TWIN CITY AREA: 651-454-0002TOLL FREE 1-800-252-1166CALL BEFORE YOU DIGNOTES1.ALL LONGITUDINAL MARKINGS TO BE PAINT2.ALL NON-LONGITUDINAL MARKINGS (ARROWS) TO BE PAINT.3.SEE SHEET G-002 FOR ADDITIONAL PROJECT NOTES ANDLEGEND.PAVEMENT MARKING LEGEND2ND DIGIT - PATTERN3RD DIGIT - COLOR4 - 4 INCH6 - 6 INCH 24 - 24 INCHS - SOLIDB - BROKEND - DOUBLET - DOTTED (2' STRIPE, 6' SKIP)W - WHITEY - YELLOWEXAMPLE: 4SW - 4" SOLID WHITE LINE MULTI-COMPONENT1ST DIGIT - WIDTHACDER1-1B36" X 36"OR30" X 30"DESCRIPTIONSYMBOLSIZEKEYNOTE LEGENDSTOP36" X 30"R3-8ACONLYONLYRIGHT LANE MUST TURNRIGHT (R3-7R)30" X 30"KEEP RIGHT (R4-7) AND REARDELINEATION PANELHAZARD MARKER (OM1-1)24" X 30"18" X 18"RIGHT LANEMUSTTURN RIGHTRAISE BLADE (X3-5)6" X 12"LOWER BLADE (X3-5)6" X 12"FGHTRAIL CLOSED AHEAD (W20-3A)18" X 18"TRAILCLOSEDAHEAD COUNTY ROAD 10PID: 2311923430006PID: 2311923430005PID: 2311923440010PID: 2311923440011PID: 2311923420004PID: 2311923430004PID: 2311923430003PID: 2611923110009PID: 2611923120001PID: 23119234300076SW6SW4DY4DY24SY(20FT SPACING AT 45°)24SY (20FT SPACING AT 45°)4TW12'12'12'12'12'12'6SW12'4DY700'180'2' GRAVEL SHOULDER (TYP)14+0015+0016+0017+0018+0019+0020+0021+0022+0023+002 4 + 0 0 2 4 + 3 450:1 TAPER15:1 TAPERMATCH EXISTING 400 FT RADIUS (35 MPH)REINSTALL EXISTING SIGNS (30 MPH/NO PARKING, FIBER OPTIC)REINSTALL EXISTING SIGN (2)(PLAYGROUND/NO PARKING, CR 10 WEST)REINSTALL EXISTING SIGN(ADOPT A HIGHWAY/NO PARKING)REINSTALL EXISTING SIGN(COMMUNITY PARK)C8.3'D424 CURB AND GUTTERCONCRETE FLUME03/03/2022 ISSUED FOR BID 0DWN BY:ISSUE DATE:PROJECT NO.:227704115U:\227704115\drafting\5_DESIGN\1_CAD\3 PLANSHEETS\C-601 PROPOSED LAYOUT AND STRIPING PLAN.dwg DESCRIPTION:DATE:ISSUE NO.:ISSUE NO.:SHEET NO.:SHEET TITLE:3/3/2022 1:27:20 PM CLIENT:CITY OFCORCORANCOUNTY ROAD 10 AND WALNUT LANE TURN LANE IMPROVEMENTS CORCORAN, MINNESOTA PROJECT TITLE:JDLCHK'D BY:NPWAPP'D BY:KCTCERTIFICATION:8200 COUNTY ROAD 116CORCORAN , MN 553401800 PIONEER CREEK CENTERMAPLE PLAIN, MN 55359PHONE: 763-479-4200FAX: 763-479-4242WWW.STANTEC.COM03/03/20220DATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM ADULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THESTATE OF MINNESOTA.LICENSE NO.: 2480703/03/2022KENTON C. TORVEC-602PROPOSED LAYOUT ANDSTRIPING PLANSEE SHEET C-601 WARNING:THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OFALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIESIN MAINTAINING THEIR SERVICE AND/OR RELOCATION OF LINES.THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUNDWIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIEDSTRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACETHE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THEOWNER.TWIN CITY AREA: 651-454-0002TOLL FREE 1-800-252-1166CALL BEFORE YOU DIGNOTES1.ALL LONGITUDINAL MARKINGS TO BE PAINT.2.ALL NON-LONGITUDINAL MARKINGS (ARROWS) TO BE PAINT.3.SEE SHEET G-002 FOR ADDITIONAL PROJECT NOTES ANDLEGEND.ACDER1-1B36" X 36"OR30" X 30"DESCRIPTIONSYMBOLSIZEKEYNOTE LEGENDSTOP36" X 30"R3-8ACONLYONLYRIGHT LANE MUST TURNRIGHT (R3-7R)30" X 30"KEEP RIGHT (R4-7) AND REARDELINEATION PANELHAZARD MARKER (OM1-1)24" X 30"18" X 18"RIGHT LANEMUSTTURN RIGHTPAVEMENT MARKING LEGEND2ND DIGIT - PATTERN3RD DIGIT - COLOR4 - 4 INCH6 - 6 INCH 24 - 24 INCHS - SOLIDB - BROKEND - DOUBLET - DOTTED (2' STRIPE, 6' SKIP)W - WHITEY - YELLOWEXAMPLE: 4SW - 4" SOLID WHITE LINE MULTI-COMPONENT1ST DIGIT - WIDTHRAISE BLADE (X3-5)6" X 12"LOWER BLADE (X3-5)6" X 12"FGHTRAIL CLOSED AHEAD (W20-3A)18" X 18"TRAILCLOSEDAHEAD STAFF REPORT Agenda Item 7d. Council Meeting: March 10, 2022 Prepared By: Kevin Mattson Topic: Authorize Land Acquisition Process for Water Tower Site Action Required: Approval Summary: On September 9th, 2021, the Council approved the preliminary desig n of the Northeast Corcoran Water Supply project. At the December 9th work session, the Council reviewed options for water supply storage and sighting locations. The outcome was direct ion to consider an alternative water t ower location to Bellwether Park. Staff has coordinated with the land owner of an alternate site located at 19951 Oswald Farm Road (Hope Church) as shown in the attached figure. The engineering team has completed a preliminary site assessment which included a geotechnical evaluation. Attached is the engineering memo that concludes based on best available data that the site is a viable for construction of a water tower. Staff is r equesting Council authorization to proceed with the land acquisition process which involves further engagement with the property owner and title/appraisal work . Financial/Budget: Preliminary costs for the land acquisition pr ocess for the water tower site are estimated to be less than $5,000. The water fund has a current balance of approximately $2,500,000 (with potential costs removed for the production well construction) which would suppor t the project budget until bonding would take place later in 2022. Options: 1. Authorize staff to begin the land acquisition process for the water tower site in the amount of $5,000. 2. Decline. Recommendation: Authorize staff to begin the land acquisition process for the water tower site in the amount of $5,000. Council Action: Consider a motion to authorize staff to begin the land acquisition process for the water tower site in the amount of $5,000. Attachments: 1. Engineering Memo with Figure Memo To: Kevin Mattson, Public Works Director From: Kent Torve, PE, City Engineer File: 227704426 Date: March 4, 2022 Reference: Braun Geotechnical Evaluation – Alternative Water Tower Location BACKGROUND In October 2021, the City contracted with Braun Intertec (Braun) to complete a geotechnical evaluation for various components of the proposed water supply, conveyance, and treatment project. This included borings to evaluate the suitability for a water storage structure. Initially Braun completed borings in the park at Bellwether, and was subsequently asked to complete additional borings near Hope Church to help evaluate that site as an alternative location for water storage. On February 9, 2022 Braun completed two 50-borings (ST-16, ST-17) on the site at Hope Church as illustrated in the attached figures, and provided the preliminary boring logs for engineering review. The borings revealed layers of clayey sand, sandy lean clay, and poorly graded sand. Based on preliminary engineering review, this site appears suitable for a water storage structure. Braun will be issuing a formal geotechnical report to further detail their findings at this location. In order to maintain the overall project schedule associated with other components of the project including the municipal well and water treatment plant, the City should work to secure the desired property for the water tower structure so formal design of the facility and associated utilities can commence. COUNCIL ACTION REQUESTED Staff is recommending Council authorize land acquisition processes for the alternative water storage location near Hope Church. ATTACHMENTS Soil Boring Location Figure – prepared by Stantec Preliminary Geotechnical Borings – prepared by Braun Intertec WETWETW ETW E TW E TWETWETWETWETWETWETWETWETWETW E TWETWETWETWETN=224578.12 E=457814.70 SB-16SB-17 N=224578.12 E=457614.70 OSWALDFARMROADSHEET NUMBER DATENO SURVEY APPROVED DESIGNED DRAWN PROJ. NO.WASPREPAREDBYMEORUNDERMYDIRECTSUPERVISIONIHEREBYCERTIFYTHATTHISPLAN,SPECIFICATION,ORREPORTANDTHATIAMADULYLICENSEDUNDERTHELAWSOFTHESTATEOFPRINTNAME:SIGNATURE:DATE:LIC.NO.REVISION CHECKED PlotDate:01/24/2022-12:10pmDrawingname:U:\227704426\CAD\Dwg\Sheets\227704426_SoilBoring.dwgXrefs:,227704426_XSXT,227704426_PARCELS,227704426_WETLANDS-GIS,227704426_BORDER,227704426_XSNO,227704426_XSNV,Utility-BWVanTHECONTRACTORSHALLVERIFYANDBERESPONSIBLEFORALLDIMENSIONS.DONOTSCALETHEDRAWING-ANYERRORSOROMISSIONSSHALLBEREPORTEDTOSTANTECWITHOUTDELAY.THECOPYRIGHTSTOALLDESIGNSANDDRAWINGSARETHEPROPERTYOFSTANTEC.REPRODUCTIONORUSEFORANYPURPOSEOTHERTHANTHATAUTHORIZEDBYSTANTECISFORBIDDEN.CITYOFCORCORAN,MNWATERTREATMENTPLANT227704426XXXX,XXXXX X 4/4 SOILBORINGSPROFESSIONALENGINEERMINNESOTA0 40 80 N PROPOSED ELEVATED TANK PROPOSED ELEVATED TANK ALTERNATE LOCATION Elev./ Depth ft 2.0 7.0 24.5 WaterLevelDescription of Materials (Soil-ASTM D2488 or 2487; Rock-USACE EM 1110-1-2908) FILL: CLAYEY SAND (SC), slightly organic, trace Gravel, dark brown to black, moist FILL: SANDY LEAN CLAY (CL), slightly organic, trace Gravel, brown to gray, moist CLAYEY SAND (SC), trace Gravel, brown, moist, very stiff (GLACIAL TILL) SANDY LEAN CLAY (CL), trace Gravel, dark gray, wet, stiff (GLACIAL TILL) Continued on next page 5 10 15 20 25 30 SampleBlows (N-Value) Recovery 3-4-5 (9) 14" 3-4-5 (9) 12" 4-7-9 (16) 12" 5-8-9 (17) 18" 5-8-10 (18) 18" 5-9-11 (20) 18" TW 4-8-9 (17) 18" 8-9-10 (19) 12" qₚ tsf 3.5 4 3 4 MC %Tests or Remarks LOG OF BORING See Descriptive Terminology sheet for explanation of abbreviations Project Number B2110451 Geotechnical Evaluation Corcoran Water Supply, Conveyance, and Treatment Intersection of County Road 116 and Hunters Ridge Corcoran, Minnesota BORING:ST-16 LOCATION: See attached sketch NORTHING:EASTING: DRILLER:J. Tatro LOGGED BY:R. Jett START DATE:02/09/22 END DATE:02/09/22 SURFACE ELEVATION:RIG:75011 METHOD:3 1/4" HSA SURFACING:Field WEATHER: B2110451 Braun Intertec Corporation Print Date:02/15/2022 ST-16 page 1 of 2DRAFT Elev./ Depth ft 44.5 51.0 WaterLevelDescription of Materials (Soil-ASTM D2488 or 2487; Rock-USACE EM 1110-1-2908) SANDY LEAN CLAY (CL), trace Gravel, dark gray, wet, stiff (GLACIAL TILL) POORLY GRADED SAND (SP), fine to medium-grained, trace Gravel, gray, moist, medium dense to dense (GLACIAL OUTWASH) END OF BORING Boring then grouted 35 40 45 50 55 60 SampleBlows (N-Value) Recovery 6-10-10 (20) 18" 3-6-9 (15) 14" 10-15-16 (31) 12" 15-15-18 (33) 10" qₚ tsf MC %Tests or Remarks Water observed at 25.0 feet while drilling. LOG OF BORING See Descriptive Terminology sheet for explanation of abbreviations Project Number B2110451 Geotechnical Evaluation Corcoran Water Supply, Conveyance, and Treatment Intersection of County Road 116 and Hunters Ridge Corcoran, Minnesota BORING:ST-16 LOCATION: See attached sketch NORTHING:EASTING: DRILLER:J. Tatro LOGGED BY:R. Jett START DATE:02/09/22 END DATE:02/09/22 SURFACE ELEVATION:RIG:75011 METHOD:3 1/4" HSA SURFACING:Field WEATHER: B2110451 Braun Intertec Corporation Print Date:02/15/2022 ST-16 page 2 of 2DRAFT Elev./ Depth ft 2.0 24.5 WaterLevelDescription of Materials (Soil-ASTM D2488 or 2487; Rock-USACE EM 1110-1-2908) FILL: CLAYEY SAND (SC), slightly organic, trace Gravel, dark brown, moist SANDY LEAN CLAY (CL), trace Gravel, brown, moist, medium to very stiff (GLACIAL TILL) SANDY LEAN CLAY (CL), trace Gravel, contains seams of Poorly Graded Sand, dark gray, moist, stiff to very stiff (GLACIAL TILL) Continued on next page 5 10 15 20 25 30 SampleBlows (N-Value) Recovery 2-4-4 (8) 12" 3-5-5 (10) 18" 5-6-8 (14) 18" 6-10-9 (19) 18" 5-7-8 (15) 18" 3-6-9 (15) 18" TW 3-9-7 (16) 18" 4-6-13 (19) 12" qₚ tsf 1 3.5 2.5 2.5 3 2 3 MC %Tests or Remarks LOG OF BORING See Descriptive Terminology sheet for explanation of abbreviations Project Number B2110451 Geotechnical Evaluation Corcoran Water Supply, Conveyance, and Treatment Intersection of County Road 116 and Hunters Ridge Corcoran, Minnesota BORING:ST-17 LOCATION: See attached sketch NORTHING:EASTING: DRILLER:J. Tatro LOGGED BY:R. Jett START DATE:02/09/22 END DATE:02/09/22 SURFACE ELEVATION:RIG:75011 METHOD:3 1/4" HSA SURFACING:Field WEATHER: B2110451 Braun Intertec Corporation Print Date:02/15/2022 ST-17 page 1 of 2DRAFT Elev./ Depth ft 44.5 51.0 WaterLevelDescription of Materials (Soil-ASTM D2488 or 2487; Rock-USACE EM 1110-1-2908) SANDY LEAN CLAY (CL), trace Gravel, contains seams of Poorly Graded Sand, dark gray, moist, stiff to very stiff (GLACIAL TILL) POORLY GRADED SAND (SP), fine to medium-grained, trace Gravel, light brown, moist to wet, medium dense (GLACIAL OUTWASH) END OF BORING Boring then grouted 35 40 45 50 55 60 SampleBlows (N-Value) Recovery 3-6-8 (14) 18" 3-5-7 (12) 14" 6-8-10 (18) 8" 15-13-13 (26) 12" qₚ tsf 2.5 1.5 MC %Tests or Remarks Water observed at 49.5 feet while drilling. LOG OF BORING See Descriptive Terminology sheet for explanation of abbreviations Project Number B2110451 Geotechnical Evaluation Corcoran Water Supply, Conveyance, and Treatment Intersection of County Road 116 and Hunters Ridge Corcoran, Minnesota BORING:ST-17 LOCATION: See attached sketch NORTHING:EASTING: DRILLER:J. Tatro LOGGED BY:R. Jett START DATE:02/09/22 END DATE:02/09/22 SURFACE ELEVATION:RIG:75011 METHOD:3 1/4" HSA SURFACING:Field WEATHER: B2110451 Braun Intertec Corporation Print Date:02/15/2022 ST-17 page 2 of 2DRAFT City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2022-21 Page 1 of 2 Motion By: Seconded By: ESTABLISHING PRECINCTS AND POLLING PLACES FOLLOWING STATE OF MINNESOTA REDISTRICTING WHEREAS, the legislature of the State of Minnesota has been redistricted; and WHEREAS, Minnesota Statute section 204B.14, subd. 3 (d) requires that precinct boundaries must be reestablished within 60 days of when the legislature has been redistricted or at least 19 weeks before the state primary election, whichever comes first; THEREFORE BE IT BE RESOLVED, that the Council of the City of Corcoran, County of Hennepin, State of Minnesota, hereby establishes the boundaries of the voting precinct(s) as outlined in exhibit A, and polling place(s) as follows: Precinct 1: St. Thomas the Apostle Church, 20000 County Road 10, Corcoran, MN 55340; Precinct 2: Hope Community Church, 19951 Oswald Farm Road, Corcoran, MN 55374; Precinct 3: Corcoran City Hall, 8200 County Road 116, Corcoran, MN 55340; FURTHER BE IT RESOLVED, that the designated polling place for Precinct 1, Precinct 2, and Precinct 3, is hereby reestablished to remain at 20000 County Road 10, 19951 Oswald Farm Road, and 8200 County Road 116, respectively, in accordance with Minnesota Statutes 204B.16. 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: 7e. March 10, 2022 City of Corcoran March 10, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-21 Page 2 of 2 Whereupon, said Resolution is hereby declared adopted on this 10th day of March, 2022. ________________________________ Tom McKee – Mayor ATTEST: __________________________________________ City Seal Jessica Beise – Administrative Services Director ^_^_^_City of GreenfieldCityofMapleGroveCity of MedinaCity of RogersBechtold RdPioneer TrlTrailHavenRdCounty Road 116County Road 30Schutte RdOakdale DrCounty Road 10Horseshoe TrlCountyRoad50Larsen RdWillow DrHunterRdCounty Road 19Homestead TrlCain RdRolling Hills RdCountryRdMohawk DrLarkin RdFoxline DrStrehler RdDassel LnOld S ett lers R dStieg RdKalk RdMeister RdMaple Hill Rd93rd Ave NTessmer RdBlue Bonnet DrJubertLn456710456750456719456730456711645671014567117Brockton Ln N109th Ave N45671014567101")55Hackamore RdCounty Road 50Cain RoadBrockton Lane NorthHackamore Road109th Avenue NorthISD#279OsseoISD#284WayzataISD#877Buffalo-Hanover-MontroseISD#879DelanoISD#883RockfordRushCreekRushCreekRushCreekSouthForkRushCreekRushCreekSouthForkRushCreekPrecinct 1Precinct 3Precinct 2Precinct 3Precinct 2Precinct 13,000 0 3,0001,500Feet±Path: L:\2294\100\2040CompPlan\Proposed Precincts.mxdDate: 1/30/2020 Time: 9:13:54 AM User: ShuJC0243Precinct Boundary^_Precinct Polling LocationsStreamsParcel BoundariesLake/Open WaterSchool District BoundariesBuffalo-Hanover-MontroseDelanoOsseoRockfordWayzataPrecinct BoundariesSource:School District Boundaries (Minnesota Department of Education)Precinct and Poll LocationsPrecinct 1St. Thomas Church20000 County Road 10, Corcoran MN 55340Precinct 2Hope Community Church19951 Oswald Farm Road, Corcoran MN 55374Precinct 3Corcoran City Hall8200 County Road 116, Corcoran MN 55340Exhibit A STAFF REPORT Agenda Item 7f. Council Meeting: March 10, 2022 Prepared By: Jessica Beise Topic: 2022 Open Book Meeting Action Required: Approval Summary: Since 2015, the City hosted an O pen Book meeting in place of a Local Board of A ppeal and Equalization meeting. The Open Book meeting was coordinated by the City Assessor’s office in place of having Council members trained to review property assessments. The Open Book meeting is an informal review between the property owners and the assessor/appraiser to resolve assessment questions prior to the county board of appeal and equalization. Residents are not required to appear at the Open Book Meeting, but attendance is strongly recommended if appealing an assessment. Since 2021, Hennepin County has held v irtual Open Book meetings due to COVID . The proposed dates for 2022 are April 26th from 10 am-6:30pm, and April 28 from 8am- 4:30pm. All taxpayers that are interested in attending, need to call the as sessor ’s office to schedule an appointment. The phone number for the appropriate assessor’s office will be listed on the resident ’s valuation notice from Hennepin County. Residents may appeal dir ectly to the county board of appeal and equalization. Financial/Budget: The assessor costs associated with an Open Book meeting are the sam e as a Local Board of Appeal meeting. Recommendation: Recognize the Open Book meeting as proposed, through the City’s social media, website, and quarterly newsletter. Council Action: Approve the Open Book meeting as prop osed, with promotion of dates through City ’s social media, website, and quarterly newsletter. STAFF REPORT Agenda Item 7g . Council Meeting: March 10, 2022 Prepared By: Jessica Beise Topic: Sale of City Equipment - Zamboni Action Required: Approval Su m mar y : The city purchased a new Zamboni in May of 2019. At the time, staff noted the current Zamboni would be retained on a short-term basis to allow for overlap should additional parts be needed. The city reviews the equipment needs annually and staff believes that we no longer have a need for the original 1975 Zamboni. The City has been in contact with the City of Hanover and the City of Hanover has agreed to purchase the Zamboni. The sale of equipment from one city to another is allowed by state statute 471.64 and does not require public bidding. Fi n anc i al/B ud get: The proposed purchase price is $7,500. Op t ion s : 1.Authorize staff to sell the 1975 Zamboni to the City of Hanover for $7,500. 2.Decline. Co un c i l A c t i on: Consider a motion to authorize staff to sell the 1975 Zamboni to the City of Hanover for $7,500. A tt ac h ments: N/A STAFF REPORT Agenda Item 7h . Council Meeting: March 10, 2022 Prepared By: Jessica Beise Topic: Parks and Trails Commission Appointment Action Required: Approval Su m mar y : Staff prepared a vacancy notice and accepted applications with an initial deadline of February 15 for two open seats on the Parks and Trails Commission. Michelle Friedrich was appointed to the Parks and Trails Commission on February 24, filling one open seat. One vacancy remains on the commission and the City has received an application from Lisa Wyffels, see attached. The Commission Appointment subcommittee reviewed the application and recommended appointment of Lisa Wyffels to the remaining open seat on the Parks and Trails Commission. Fi n anc i al/B ud get: Parks and Trails Commission members serve without compensation. Op t ion s : 1.Appoint Lisa Wyffels to the Parks and Trails Commission for a term expiring February 28, 2025. 2.Decline the appointment. Rec o mmendatio n : Appoint Lisa Wyffels to the Parks and Trails Commission for a term expiring February 28, 2025. Co un c i l A c t i on: Consider a motion appointing Lisa Wyffels to the Parks and Trails Commission for a term expiring February 28, 2025. At t ac h ments: 1. Commission Application – Lisa Wyffels STAFF REPORT Agenda Item 9a. Council Meeting: March 10, 2022 Prepared By: Jessica Beise Topic: Work Plan for City Code Updates Action Required: Approval Summary: The City Council held a work session on January 19, 2022, to review goals for 2022. One of the goals that was identified was to address needed updates to the City Code. On February 10th the Council provided direction on the prioritization of code updates. Below are the goal updates and the proposed initial steps to begin working on the code updates: ➢ Goal: Review/modify buffer zones between neighboring zonings, public areas, and/or development o Host a work session to understand what buffer zones might look l ike and if landscaping requirements are potential avenue for this goal . Pair with the nat ural resource incentives discussion and tree planting changes. ▪ Anticipated Work Session – May 12th ➢ Goal: Create incentives to preserve natural resources or project enhancements o Host a work session to what types of incentives should be ex plored. Pair with the buffer zone discussion and tree planting changes. ▪ Anticipated Work Session – May 12th ➢ Goal: Consider Setback Changes in Residential Subdivisions o Host a work session to understand what changes are wanting to be considered for residential district standards . Pair with the discussion related to density for non-MUSA areas. ▪ Anticipated Work Session – May 26th ➢ Goal: Consider credits for tree plantings, encouraging more mature trees o Host a work session to understand what credits and options are available. Pair with the nat ural resource incentives discussion and buffer zone discussion. ▪ Anticipated Work Session – May 12th ➢ Goal: Review PUD Process to better align with Comp Plan Goals o Host a work session to understand the Council’s goals for PUDs. ▪ Anticipated Work Session – June ➢ Goal: Review zoning restrictions regarding ecologically significant natural areas o Host a work session to understand what buffer zones might look like and if landscaping requirements are potential avenue for this goal. Pair with the natural resource incentives discussion and tree planting changes. ▪ Anticipated Work Session – May 12th ➢ Goal: Review private/share driveways o Review at an upcoming Council meeting if the private drive ordinance and consider if changes are rec ommended. ▪ Anticipated in by the end of quarter three. ➢ Goal: Review development densities in non-MUSA areas Page 2 o Host a work session to understand what changes are wanting to be considered. Pair with the discussion related to density for residential district standards. ▪ Anticipated Work Session – May 26th ➢ Goal: Consider changes to the definition of front yard in the zoning ordinance o Draft options for the definition of a front yard to be reviewed at an upcoming Council meeting. ▪ Anticipated by the end of quarter three. ➢ Goal: Review the public notice policy, consider a larger area requirement for notices o Draft options for a notice requirement change. ▪ Anticipated by the end of quarter four ➢ Goal: Review smaller developments less than 20 acres and accessory struc tures without a primary structure o Review at an upcoming Council meeting if the private drive ordinance and consider if changes are recommended. ▪ Anticipated by the end of quarter four Once staff has a better idea of the proposed changes after the three work sessions, staff will have a better idea of the timetable and next steps for th e code updates. Financial/Budget: The proposed work plan utilizes a combination of staff time and the planning budget . Options: 1. Provided f eedback to staff and direct staff to begin work executing the work plan as proposed. 2. Send back to staff for further review. Recommendation: Provided feedback to staff and direct staff to begin work executing the work plan as proposed. Council Action: Provided feedback to staff and direct staff to begin work executing the work plan as proposed. Attachments: N/A STAFF REPORT A g enda Item 9b. Council Meeting: March 10, 2022 Prepared By: Jessica Beise Topic: Public Works Reorganization – Phase 2A Action Required: Approval Su m mar y : In July of 2021, an organizational structure shift for the Public Works Department was discussed and supported. Phase 1 of the reorganization has been nearly completed which included an update to the Public Works Director job description, the creation of the Operations Superintendent and Operations Supervisor positions, and associated backfills to the crew lead and maintenance worker positions. Phase 2 originally included the addition of a Development Superintendent and a Public Works Administrative Assistant (title to be determined) positions. After further discussions related to staffing options and how to best share split role positions, staff is requesting moving forward with Phase 2A – Permit Technician within the Public Works department. The demand for this position has increased significantly and is projected to continue for the foreseeable future. Phase 2B will include the future additions of the Development Superintendent and the Public Works Administrative Assistant role is anticipated to be combined with one of the administration department positions also approved in the 2022 budget. Staff will provide a revised organizational chart in advance of the Phase 2B job description approvals. George Gmach reviewed and graded the Permit Technician job description. Staff is requesting approval of the job description along with authorization to begin an internal hiring process. Fi n anc i al/B ud get: The reorganization has been incorporated into the 2022 budget. Op t i on s : 1.Approve Resolution 2022-20 Amending the Organizational Structure of the Public Works Department. 2.Approve Resolution 2022-20 Amending the Organizational Structure of the Public Works Department with amendments. 3.Decline to reorganize the Public Works Department. Rec o mmendatio n : Staff recommending approval of Phase 2A of the public works department reorganization. Page 2 Co un c i l A c t i on: Consider a motion to approve Resolution 2022-20 Amending the Organizational Structure of the Public Works Department. At t ac h men t s : 1.Resolution 2022-20 Amending the Organizational Structure of the Public Works Department 2.Job Description – Permit Technician PERMIT TECHNICIAN ©City of Corcoran 2022 1 City of Corcoran Job Summary: The Permit Technician manages the inputting, processing, and document management of permits and provides technical and administrative support for Construction Services. Under supervision of the Public Works Director, the Permit Technician will coordinate the flow of building permits for residential and commercial construction projects from intake to issuance, including records retention. Primary responsibilities include communication with the public, builders, and contractors regarding the permit process, office work related to enforcement of the Minnesota State Building Code, processing payments, and reviewing and issuing maintenance permits and department records management, including property files set-up and maintenance. Scope of Impact: The Permit Technician is responsible for a variety of technical functions to support the operations of the department and directly impacts the effectiveness of the department and is expected to perform assigned duties without a need for significant work direction on daily tasks. Essential Duties and Responsibilities: •Frequent interaction with builders, contractors, engineers, architects, and the general public concerning department policies and procedures when applying for permits. o Serves as first point of contact for the permitting department; o Monitors department voicemail and emails; o Provides technical information regarding Minnesota State Building Code requirements including building code enforcement and building permit compliance; o Prepares correspondence, labels, memos, letters, etc.; o Maintains a supply of department forms and office materials; •Conduct preliminary review of permit submittals to ensure application materials are complete, properly received, dated, logged and distributed. Follows up with applicants if items are missing or more information is needed. •Responsible for the Implementation and support electronic permitting software. o Serve as primary point of contact to various staff, IT, and software vendors; o Monitor and maintain software and hardware related to the permitting program, including advanced troubleshooting of the software as needed; •Manages data retention and records management within Construction Services and property files. o Set-up new property files. Department: Public Works Reports To: Public Works Director Points: 216 Grade: 7 FLSA: Non‐Exempt Bargaining Unit: NA Revision Date: January, 2022 PERMIT TECHNICIAN ©City of Corcoran 2022 2 o Perform daily document management for record retention and sends copies of documents to field staff, contractors, architects, consultants and the public upon request. o Maintains electronic filing system. o Prepare documents for storage and retrieval, scanning, filing, ensuring proper adherence to policies and requests for information. o Archive or purge files on a regular basis per the Records Retention Act and city policy. o Coordinate responses to Department data requests in accordance with the MN Data Practices Act, including retrieving and researching electronic files in various databases. • Review, approve and issue maintenance permits for residential plumbing, mechanical, roofing, siding, and windows. Review, approve, and issue other building permits and certificates of occupancy. • Assist in other permit programs, including right-of-way, driveway, grading, overweight vehicle, etc. • Assists in the maintenance of department equipment and software. • Prepare monthly surcharge, SAC, and other reports related to building, plumbing, heating, and other miscellaneous reports for the Department and other governmental agencies on a daily and monthly basis. Serves as primary point of contact to the city’s assessor. • Attend job related trainings and continuing education to maintain all applicable licenses and/or certifications. • Performs other duties and special projects as assigned. Minimum Qualifications: The job requires high school diploma and four or more years of customer service experience, or equivalent combination of education and experience. Proficiency in a variety of Microsoft Office Suite and related software. Candidates must have a valid Minnesota Driver’s License. Ability to obtain ICC Certified Permit Technician or equivalent within one year of employment. Desired Qualifications: An associate degree in a related field. Additional desired qualifications include knowledge of and/or experience with electronic permitting and plan review software. Experience with or knowledge of residential or commercial construction. Previous experience in the Building Inspections Department of a municipal government or permitting for a construction company. Knowledge, Skills and Abilities Required for Successful Job Performance: • Customer service skills including demonstrated ability to build positive relationships with employees and managers; strong interpersonal and communication skills in dealing with difficult situations and people; ability to work cooperatively with all city departments; • Knowledge of the functions and responsibilities of city departments, staff, and key community members; • Ability to perform in a professional and courteous manner in responding to requests from the public and other staff members; • Ability to maintain a positive attitude toward work, the public, and coworkers. PERMIT TECHNICIAN ©City of Corcoran 2022 3 • Knowledge of and ability to operate standard office software sufficient to manipulate data, draft reports and maintain records; working knowledge of Microsoft Suite: Word, Excel and PowerPoint software programs; working knowledge of BS&A or similar permit software and Laserfiche or similar records management software. • The ability to work independently and to prioritize work requests; • Verbal and high-level written communication skills sufficient to effectively present information and respond to questions from a wide variety of audiences, and reading comprehension skills sufficient to read, understand and interpret complex and varied work-related materials; • Knowledge of data privacy laws and ability to maintain highest confidentiality when dealing with sensitive or private information. Physical and Mental Requirements: The Permit Technician requires frequent high attention to details and deadlines. Physical effort is light, with lifting or carrying up to 50 pounds intermittently. Report preparation and word processing will at times require extended use of a keyboard. Work interruptions are frequent. Working Conditions: Work is generally performed in a normal office environment but may involve occasional outdoor activity or infrequent local travel. Physical effort is light, with lifting or carrying up to 50 pounds intermittently. Often the first person to whom a complaint is delivered by a citizen and may involve dealing with and calming individuals who are emotionally charged over an issue. While performing the duties of this job, the employee is regularly required to use hands to handle or feel objects, use tools or controls, talk and hear. The employee is occasionally required to stand; walk; reach with hands and arms; and stoop, kneel, crouch, crawl, climb, or twist. Report preparation and word processing will at times require extended use of a keyboard. Some requirements in this job description may exclude individuals who pose a direct threat or significant risk to the health and safety of themselves or other employees. All requirements are subject to modification to reasonably accommodate individuals with disabilities. Requirements are representative of minimum levels of knowledge, skills, and experience required. To perform this job successfully, the worker must possess the abilities and aptitudes to perform each duty proficiently. This document does not create an employment contract, implied or otherwise, other than an "at will" employment relationship. The Public Works Director and City Administrator retain the discretion to add duties or change the duties of this position at any time. City of Corcoran March 10, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-20 Page 1 of 1 Motion By: Seconded By: A RESOLUTION AMENDING THE ORGANIZATIONAL STRUCTURE OF THE PUBLIC WORKS DEPARTMENT WHEREAS, the City of Corcoran has an existing organizational structure which at time to time must be adjusted as the City grows needs to meet the needs of the community; and WHEREAS, the City r ecently authorized phase one of the Public Works Department reorganization and the next phase includes the creation of a Permit Technician and Development Superintendent; and WHEREAS, a Permit Technician position will assist the needs of the Public Works Department and continued dema nd in building permits; and WHEREAS, the City would like to memorialize this change by resolution. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Corcoran : 1. The City establishes a new position titled Permit Technician and approves the job description. 2. The City authorizes an internal hiring process for the position of Permit Technician. 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 10th day of March 2022. ________________________________ Tom McKee – Mayor ATTEST: __________________________________________ City Seal Jessica Beise – Administrative Services Director STAFF REPORT Agenda Item 10a. Council Meeting: March 10, 2022 Prepared By: Jessica Beise Topic: Residential Picketing Ordinance Action Required: Approval Summary: Mayor McKee and Director of Public Safety Gottschalk have discussed the cre ation of a potential ordinance to address the concerns of picketing and protesting in residential areas. The League of Minnesota Cities has an informational memo on the considerations when drafting such an ordinance. Other cities in the area have recently adopted such ordinances. If Council is interested in proceeding, staff would review copies of si milar ordinances and bring forward a draft for Council review. If the Council is supportive, the ordinance could be adopted at an upcoming meeting allowing fo r the required notice of posting for the proposed ordinance. Financial/Budget: The City budgets legal review as p art of the annual budget. Options: 1. Authorize staff to proceed with drafting an ordinance for Council review. 2. Decline to draft an ordinance. 3. Send back to staff for further review. Recommendation: Provide feedback to staff on whether to pursue the creation of an ordinance. Several communities in the area have drafted similar ordinances Council Action: Direct staff on whether to pursue the cr eation of an ordinance. Attachments: 1. Informational Memo – League of Minnesota Cities This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. 145 University Ave. West www.lmc.org 6/23/2020 Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2019 All Rights Reserved INFORMATION M EMO First Amendment Concepts for Protests in Cities Learn legal concepts related to First Amendment free speech rights in the U.S. and state of Minnesota Constitutions and how cities balance them with public safety concerns. Read about speech that is not protected, ways to deal with unpopular ideas and how others may react to them. Describes how cities may choose to protect the public, regulate protests, marches and demonstrations in city parks or streets by ordinance. RELEVANT LINKS: What do you do if someone on your city staff or council hears about an unpopular group or person planning to use a city park, march in your city parade, or use city streets to stage a demonstration? At every point, consider that your role as a city official affects your response and is wholly separate from how you personally may feel about the group and their viewpoint. Why? When you act as part of government, First Amendment rights kick in. The goal of this memo is to help you understand the parameters of those First Amendment rights to speak, and to balance them with the city’s interest to protect both the speaker, law enforcement officials and those who do not wish to hear unpopular views expressed in their city. I. First Amendment State v. Wicklund, 589 NW 2d 793 (Minn. 1999). Lovell v. City of Griffin, Ga., 303 U.S. 444, 451 (1938). R.A.V. v. City of St. Paul, Minn., 505 U.S. 377 (1992). In America, a person has a right or freedom to speak. That speech includes “expressive conduct” such as distributing literature, holding up banners, or burning things such as books or flags. Government, referred to as cities in this memo, must not limit that right to speak if the U.S. Constitution protects it, even if the view expressed is unpopular or downright offensive and hateful to others. It is hard to stress just how strenuously courts protect the First Amendment right to free speech from government regulation. Texas v. Johnson, 491 U.S. 397 (1989). “If there is a bedrock principle underlying the First Amendment, it is that government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.” Quoting U.S. Supreme Court Justice William J. Brennan, Jr. Where exactly does this right to free speech come from? Just six words in the First Amendment of the U.S. Constitution: • “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” RELEVANT LINKS: League of Minnesota Cities Information Memo: 6/23/2020 First Amendment Concepts for Protests in Cities Page 2 State v. Wicklund, 589 N.W.2d 793, 801 (Minn. 1999). According to the Minnesota Supreme Court, the Minnesota Constitution does not offer broader protection of speech than does the U.S. Constitution. Since the founding of this country, courts have given great weight and protection to allowing people to say, write, or post freely. But the right to speak is not absolute. There are three limited exceptions to a person’s right to speak out, where such speech falls outside of First Amendment protection: R.A.V. v. City of St. Paul, Minn., 505 U.S. 377, 382 (1992). United States v. Lee, 6 F.3d 1297 (8th Cir. 1993). • Words aimed at inciting violence, or “fighting words.” The U.S. Supreme Court narrowly defines “inciting violence” to mean “actions done with the intent to advocate the use of force or violence and likely to produce such action.” US v. Bellrichard, 994 F. 2d 1318 (Court App. Eighth Circuit 1993). Bernini v. City of St. Paul, 665 F.3d 997 (8th Cir. 2012). • Actual threats of violence. Minnesota courts find that the First Amendment affords no protection to those who utter direct threats of force and violence toward other people, or those engaged in rioting. R.A.V. v. City of St. Paul, Minn., 505 U.S. 377 (1992). Upper Midwest Booksellers Ass'n v. City of Minneapolis, 780 F.2d 1389 (8th Cir. 1985). • Obscenity. The U.S. Supreme Court defines obscenity as limited to works that appeal to a “prurient interest in sex, which portray sexual conduct in a patently offensive way, and which do not have serious literary, artistic, political, or scientific value.” Let’s look at protected speech—that is, speech that may be unpopular but is not speech that is inciting violence, an actual threat of violence, or obscene. II. Protected speech factors Johnson v. Minneapolis Park and Recreation Bd., 729 F. 3d 1094 ( 8th Cir. 2013). When determining if speech is protected and how a city may regulate it, courts consider these overarching points and concepts: The Coal. to Mar. on the RNC & Stop the War v. The City of St. Paul, Minn., 557 F. Supp. 2d 1014 (D. Minn. 2008). • Location: where a protest or demonstration occurs, focusing on public property. • Content: courts use the term “content” when examining the viewpoints expressed, meaning what is expressed through action or words. • Content neutrality: courts look at facts indicating or implying whether a city regulation shows disapproval of a specific message or is neutral as to the message. A. Location Johnson v. Minneapolis Park and Recreation Bd., 729 F. 3d 1094 (Court of Appeals 8th Circuit 2013). Hague v. Comm. for Indus. Org., 307 U.S. 496 (1939). See also, Part III. B below. People have strong First Amendment rights to hold forth on city streets, sidewalks, and in city parks. As public forums, people may typically speak, hand out literature, or carry signs on streets, sidewalks, and in parks to express their opinions. RELEVANT LINKS: League of Minnesota Cities Information Memo: 6/23/2020 First Amendment Concepts for Protests in Cities Page 3 LMC information memo, Parks and Recreation Loss Control Guide. See also Handbook, Election Procedures, Section IV-C, Campaign Signs. Due to the public nature of parks and streets, rooted in many years of tradition, cities must take great care if limiting speech in these areas to avoid running afoul of the U.S. Constitution. B. Content neutrality See Section I - First Amendment. Reed v. Town of Gilbert, Ariz., 135 S. Ct. 2218 (2015). The Coal. to Mar. on the RNC & Stop the War v. The City of St. Paul, Minn., 557 F. Supp. 2d 1014 (D. Minn. 2008). Outside of the three exceptions discussed above (fighting words, actual threats of violence, or obscenity), a city has no power to restrict speech because of its subject matter or its content. This idea applies to both speech and conduct. As an example, a city ordinance banning the use of sound trucks for political speech—and only political speech—would be a content- based regulation. Another example: declining an application from an unpopular group, even extremely unpopular, to march in a city parade or hold a rally simply because the group or their message is controversial is likely government restriction based on the content of the group’s message. Unpopular or not, a group must be allowed to march, rally, or demonstrate safely. This does not mean a city council personally approves of the group or message. It simply shows that the city council, acting as government, understands it cannot look at the content of speech and base its reaction or regulation on approval or disapproval of the message. Government, acting through elected officials and staff, must be neutral as to content but does have some basis to control protests, marches, or demonstrations. Ward v. Rock Against Racism, 491 U.S. 781 (1989). As an example of a lawful content-neutral regulation, the court considered a city guideline controlling noise levels at band shell events; it applied to everyone using that park, near a residential area. The court found that the reason for the guideline had nothing to do with the content of the speech and thus, it satisfied the requirement that the manner of regulation be content- neutral. III. Content-neutral regulations Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989). Cities have valid concerns for public safety when people speak out on controversial issues; challenging situations may result. When it comes to public forums, such as sidewalks and streets, cities may impose reasonable restrictions on the time, place, or manner of protected speech, provided the restrictions: • Do not consider the content of the speech. • Are crafted narrowly, only to serve an important governmental interest. • Leave open other ways for someone to communicate the information. Let’s parse these out a bit. RELEVANT LINKS: League of Minnesota Cities Information Memo: 6/23/2020 First Amendment Concepts for Protests in Cities Page 4 A. Time Working Am., Inc. v. City of Bloomington, 142 F. Supp. 3d 823 (D. Minn. 2015). LMC information memo, Regulating Peddlers, Solicitors and Transient Merchants. As an example, if a city ordinance sets an 8 p.m. deadline for peddlers and solicitors but does not restrict others who may knock on doors, such as a person espousing religious or political beliefs, the time restriction singles out one kind of “speech” and may be a questionable regulation. While this case does not involve protests or demonstrations, the principle of city restrictions based on time also likely applies to the use of city streets and sidewalks. The Coal. to Mar. on the RNC & Stop the War v. The City of St. Paul, Minn., 557 F. Supp. 2d 1014 (D. Minn. 2008). A city may regulate the times that a protest march on a city street begins and ends. Content-neutral time of day regulations are allowable when based upon articulated and specific public safety concerns. These concerns may include ensuring the safe movement of other pedestrians or traffic on the march route and ensuring the march does not interfere with emergency police, fire, or ambulance services along the route. B. Place Consult the city attorney before implementing any city regulations of speech That said, some of the ways cities may lawfully limit speech revolve around the place of the speech, protest, or demonstration. (1) Homes Welsh v. Johnson, 508 N.W. 2d 212 (Minn. Ct. App. 1993). Frisby v. Schultz, 487 U.S. 474 (1988). Cities have a strong interest in prohibiting protests, picketing, and demonstrations focused on a person’s home. Cities may act to protect the well-being, tranquility and privacy of an individual’s home. City ordinances, discussed subsequently, may likely limit picketing or demonstrating in front of a residence. (2) Public buildings State v. Occhino, 572 N.W.2d 316 (Minn. Ct. App. 1997). Minn. Stat. § 412.221, subd. 3. Minn. Stat. § 373.052, subd. 1b. Not every part of a publicly owned building is a public forum. Police bureaus, tax offices, and other areas where city staff must work are routinely off-limits for citizens without prior arrangements. City councils may likely close public buildings to protect them from damage or destruction. County boards may, by resolution, close a public building in an emergency and retroactively approve the closing at its next meeting. (3) Access to public officials and public property State v. Occhino, 572 N.W.2d 316 (Minn. Ct. App. 1997). The First Amendment does not guarantee personal access to public property and public officials. Private areas of offices of individual city officials, even though publicly owned, are not always open to all comers. Minn. Stat. § 609.605, subd. 1 (b) (11). City-owned property, or private property, may be cordoned off and access restricted by law enforcement. RELEVANT LINKS: League of Minnesota Cities Information Memo: 6/23/2020 First Amendment Concepts for Protests in Cities Page 5 “Cordoned off” in this context means that access is barred by using tape, barriers, or other means conspicuously placed and identifying the area as off-limits by a police officer’s actions. A person is guilty of a misdemeanor if the person intentionally enters the restricted area. (4) In roadways Traditionalist Am. Knights of the Ku Klux Klan v. City of Desloge, Mo., 775 F.3d 969 (8th Cir. 2014). A city ordinance seeking to prevent harm to pedestrians or to people distributing materials to vehicles directly in the roadways may be a valid restriction on First Amendment rights, especially when the ordinance does not limit distribution of materials along the side of the roadways and at other locations in the city. (Note: this may not apply to people standing in medians or other areas near a street where a person may safely stand and hold a sign or hand out a pamphlet). If cities document the risks of people soliciting or distributing materials within a roadway, that may help a city establish this as a valid and content-neutral regulation that applies to all. Risks include people being struck by vehicles, or vehicles colliding as drivers try to avoid hitting a person in the street. C. Manner See Section I - First Amendment. Texas v. Johnson, 491 U.S. 397, 420 (1989). United States v. Lee, 6 F.3d 1297, 1301 (8th Cir. 1993). Outside of the three exceptions discussed above (fighting words, actual threats of violence, or obscenity), cities may not regulate the way, or manner, in which a person chooses to express their beliefs, or to “speak.” For example, a city may not act to stop someone from burning a flag, a cross, wearing a jacket with an obscenity on it, or displaying signs that criticize the city. Though objectionable and even abhorrent to many, cities may not prohibit or criminally charge a person for such expressions of their opinions; the manner of expression is still “speech” protected by the First Amendment. D. Time, place, and manner combined The Coal. to Mar. on the RNC & Stop the War v. The City of St. Paul, Minn., 557 F. Supp. 2d 1014 (D. Minn. 2008). A Minnesota city worked over many months with a group planning to march in protest during a large convention. This case is unique because of the number of people attending the convention and those wishing to protest it. Notable for all cities is the approach the city took, working with the protesters, legal staff, law enforcement, and many others to allow a demonstration but keep the public and convention attendees safe. The court found that the city successfully limited the time, place, and manner of the protest in the following ways: • The time of a planned protest, by not allowing it to occur when the President of the United States was expected to attend but allowing marches at other times. RELEVANT LINKS: League of Minnesota Cities Information Memo: 6/23/2020 First Amendment Concepts for Protests in Cities Page 6 • The route, or place, of a protest due to security and safety concerns and the expected attendance of over 40,000 people at the convention. • The manner of the protest, requiring the group to apply for a permit to march and to stay on the agreed upon route. Importantly, the court noted that ample opportunity for free speech existed because, “despite massive security and logistical concerns inherent” to the convention, the permitted route brought the marchers within sight and sound of the convention that they found objectionable. IV. Protecting public safety There’s tension between the right to speak out on controversial subjects and valid concerns for public safety or the public peace. But criminal, violent or threatening behavior is not protected by the First Amendment. This section sets out some of the ways a city may act to protect the public and maintain public safety in such unusual situations. Note: Cities are strongly encouraged to consult legal counsel for specific legal advice before acting. A. Property damage Minn. Stat. § 609.595. Minn. Stat. § 609.594. Cities may prosecute demonstrators who damage public property, public safety vehicles, or harm a third party pursuant to current criminal law. Intentionally and significantly damaging critical public service facilities with an intent to disrupt those services may bring heightened charges in some situations. B. Unlawful assembly Minn. Stat. § 609.705. State law prohibits unlawful assembly if it is carried out in the following ways: • with intent to commit any unlawful act by force; or • with intent to carry out any purpose in such manner as will disturb or threaten the public peace; or • Without unlawful purpose, but the participants so conduct themselves in a disorderly manner as to disturb or threaten the public peace. C. Riot Minn. Stat. § 609.71. A riot is also a crime of first to third degree under state law, with this basic definition: City of St. Paul v. Morris, 258 Minn. 467 (Minn.1960). • When three or more persons assembled disturb the public peace by an intentional act or threat of unlawful force or violence to person or property, each participant therein is guilty of riot. RELEVANT LINKS: League of Minnesota Cities Information Memo: 6/23/2020 First Amendment Concepts for Protests in Cities Page 7 D. Public nuisance Minn. Stat. § 609.74. Blocking streets or freeways may bring up a crime of public nuisance under this state law: Whoever by an act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor: • maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public; or • interferes with, obstructs, or renders dangerous for passage, any public highway or right-of-way, or waters used by the public; or • is guilty of any other act or omission declared by law to be a public nuisance and for which no sentence is specifically provided. State v. Berger, No. A17- 2072 (Minn. Ct. App. Jan. 7, 2019) (unpublished opinion). In a recent but unpublished case, the Minnesota Court of Appeals found that a person involved in a demonstration where many protesters blocked an interstate freeway could not be convicted of public nuisance unless the state could prove that one person violated each element of each offense. The constitutionality of the statute was also challenged in this case, but the Court did not address that question. E. Disorderly conduct statute partially unconstitutional State v. Hensel, 901 NW 2d 166 (Minn. 2017) finding Minn. Stat. § 609.72, subd. 1 (3) unconstitutional. In a recent case, the Minnesota Supreme Court looked at disruptive conduct at a city council meeting, resulting in a charge of disorderly conduct. The Court focused on this text in the state disorderly conduct statute dealing with disturbances on school buses, public meetings or other places: Whoever does any of the following in a public or private place, including on a school bus, knowing, or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace, is guilty of disorderly conduct, which is a misdemeanor: . . . disturbs an assembly or meeting, not unlawful in its character.... The Court drew several conclusions, including the following: • That the disturbance-of-a-meeting-or-assembly statute regulates speech and conduct protected by the First Amendment; • That the disturbance-of-a-meeting-or-assembly statute is "impermissibly broad" because it potentially restricts protected conduct and speech occurring anywhere and at any time regardless of intent. RELEVANT LINKS: League of Minnesota Cities Information Memo: 6/23/2020 First Amendment Concepts for Protests in Cities Page 8 In conclusion, the Court found there was no reasonable way to narrow and fix the law; the solution for the First Amendment violation was to invalidate this section of the disorderly conduct statute. LMC Information memo, Meetings of City Councils. Even so, a city council has authority to preserve order at its meetings. The council may use necessary force, including use of the police, to carry out the mandate. If a person is excluded from a meeting, providing the excluded person an opportunity to give their interpretation of the exclusion to a designated city staff member may satisfy due-process concerns. If the audience becomes so disorderly that it is impossible to carry on a meeting, the mayor may declare the council meeting adjourned to some other time. The members of the council may also move for adjournment. F. Employment Minnesota State Bd. for Cmty. Colleges v. Knight, 465 U.S. 271 (1984). As an interesting aside, a citizen or even a city employee may not use the First Amendment to force a response from a city. The U.S. Supreme Court finds that nothing in the First Amendment suggests that the right to speak requires government policymakers to listen or respond to employees or members of the public. Bierman v. Dayton, 227 F. Supp. 3d 1022 (D. Minn. 2017) dismissed for lack of jurisdiction by Bierman v. Dayton, 817 F.3d 1070 (8th Cir. 2016). This idea most often comes up in employment law; individual employees argue that the First Amendment means that government must listen to each person, not a union or collective bargaining unit. Minnesota courts find that employees or members of the public “have no constitutional right to force the government to listen to their views. A person’s right to speak is not infringed when government simply ignores that person while listening to others.” Best practice suggests checking on this tenet with the city attorney before acting on it. V. Regulating use of streets by ordinance Cox v. State of New Hampshire, 312 U.S. 569 (1941). Lovell v. City of Griffin, Ga., 303 U.S. 444, 451 (1938). A city ordinance may require all people wishing to participate in a parade or march on city streets to seek a permit first. A city has authority to control the use of its public streets for parades and demonstrations. The ordinance and the permitting process must follow reasonable time, place, and manner regulations. A. Permits If a city ordinance requires a permit to use public property to rally, demonstrate, or march in a parade, each step of the process must focus on objective criteria and not the views of the applicants seeking the permit. Both the city’s staff and process must be objective in approving and denying permits. RELEVANT LINKS: League of Minnesota Cities Information Memo: 6/23/2020 First Amendment Concepts for Protests in Cities Page 9 1. Content-neutral review by city staff Forsyth Cty., Ga. v. Nationalist Movement, 505 U.S. 123 (1992). For example, the Supreme Court found an ordinance unconstitutional because it allowed a city administrator to set permit fees based on the amount of disruption he thought an unpopular group would cause. In effect, the city ordinance required the administrator to examine the content of the applicant’s speech—the very thing to avoid—rendering the ordinance unconstitutional. Douglas v. Brownell, 88 F.3d 1511 (8th Cir. 1996). By contrast, a city ordinance requiring the chief of police to issue or deny a parade permit based on the time, route, and size of the demonstration survived court scrutiny on that point because it did not require consideration of the applicant’s views or purpose of their demonstration. (However, the court found the section of the parade permitting ordinance requiring a five- day notice of an event from a group of just 10 or more people wishing to demonstrate problematic, as discussed below). 2. Objective standards Advantage Media, L.L.C. v. City of Hopkins, 379 F. Supp. 2d 1030 (D. Minn. 2005) (citing Thomas v. Chicago Park Dist., 534 U.S. 316, 322 S. Ct. 775 (2002). Again, content-neutral standards in a city ordinance may include several factors if they apply to all seeking a permit to rally, demonstrate, or parade. Some examples include the following factors: Douglas v. Brownell, 88 F.3d 1511 (8th Cir. 1996). • Permits required only for larger groups, say, 50 or more people. • Sound regulations, for example, use of amplification in city parks. • Routes that do not unreasonably interfere with emergency response. • Reasonable time of event restrictions. The Coal. to Mar. on the RNC & Stop the War v. The City of St. Paul, Minn., 557 F. Supp. 2d 1014 (D. Minn. 2008). • Permits denied based on public safety and order, including the safe and orderly movement of pedestrian and vehicular traffic in the area. Douglas v. Brownell, 88 F.3d 1511 (8th Cir. 1996). • Reasonable permit procedures in an ordinance as to when an application to demonstrate must be filed except protests involving constitutionally protected speech must generally be allowed to occur with short notice. 3. Fees Cox v. State of New Hampshire, 312 U.S. 569 (1941). Permit fees may not be a source of revenue, though they may cover some expenses. It is yet another area to avoid looking at the content of the message and consider setting reasonable fees applicable to all who apply. RELEVANT LINKS: League of Minnesota Cities Information Memo: 6/23/2020 First Amendment Concepts for Protests in Cities Page 10 4. Insurance and indemnification Eastern Conn. Citizens Action Group v. Powers, 723 F.2d 1050 (2d Cir.1983). Insurance requirements in ordinances may be subject to scrutiny. Courts outside of Minnesota find mandatory insurance provisions unconstitutional because such requirements may discourage a group from demonstrating. Collin v. Smith, 578 F.2d 1197 (7th Cir. 1978). In one case, a court found that requiring a notorious group to obtain insurance to demonstrate or march violates the First Amendment when that group, due to its controversial nature, could not obtain commercial insurance. iMatter Utah v. Njord, 980 F. Supp. 2d 1356 (D. Utah 2013), aff'd, 774 F.3d 1258 (10th Cir. 2014). Requiring that a protest applicant indemnify or defend the city against loss due to a demonstration, has been found to conflict with the First Amendment. Such a requirement applied to all applicants, may be too broad, or not narrowly tailored to meet a substantial government interest and thus has been found to discourage people wishing to protest from using public property. Note that cities may prosecute any demonstrator who vandalizes public property or harms a third party. This is not a settled area of law in Minnesota. However, courts in Minnesota may look at how courts in other states have ruled on this issue. It’s important that cities consult with the city attorney as to insurance or indemnification requirements in a permitting ordinance allowing use of public streets or parks by large groups of people. B. Governmental response to requests for permits It may seem counterintuitive, but if your city receives a request for a parade or demonstration permit from an unpopular group, consider working with all sides to protect First Amendment rights to speak. At all phases, cities must refrain from actions that disfavor what an unpopular group expresses or favor a popular viewpoint. Working with the entity that wishes to protest, demonstrate, or march in a city parade allows people to speak but also helps identify and account for public safety concerns. What about the people in your city who do not wish to hear what they consider a downright offensive viewpoint, setting off counter protests? VI. Counter protests and the heckler’s veto Terminiello v. Chicago, 337 U.S. 1 (1949). An extremely unpopular group protest may trigger even larger counter protests. If those counter protesters become angry, hostile, or violent, city officials and city police departments cannot remove the unpopular group to appease the counter protesters. A person’s right to speak cannot be limited because it stirs people to anger, invites public outcry, or causes turmoil. RELEVANT LINKS: League of Minnesota Cities Information Memo: 6/23/2020 First Amendment Concepts for Protests in Cities Page 11 To do so allows those heckling a speaker to quash their speech by getting the city to intervene; this is known as the heckler’s veto. If a city refuses to issue a permit for a demonstration by a notorious group because of concerns about counter protesters, it may be in danger of a constitutional challenge based on allowing a hostile audience to silence a speaker. The city itself might then effectively be silencing the speaker and effectuate a “heckler’s veto.” The First Amendment does not allow such action by a city. VII. Conclusion Should your city receive a request to demonstrate, rally, or parade, remember your response as someone affiliated with the city is tied to the time-honored traditions of allowing people to speak. A fact-specific inquiry is required in each situation to protect both free speech and public safety. The city attorney is best suited to provide the complex legal guidance cities face when a protest or demonstration comes to your city. With that guidance, your city council may consider an ordinance to govern the use of city streets and perhaps city parks by large groups of people seeking to protest or demonstrate. STAFF REPORT Agenda Item 10b. Council Meeting: March 10, 2022 Prepared By: Jessica Beise Topic: Governmental Fee Analysis Proposal Action Required: Approval Summary: In 2021, the city engaged with Abdo, Eick and Meyers to complete a governmental fee analysis related to costs and processes to review building permit applications as it relates to the annual report for the Department of Labor and Industry. The City has been working with Abdo , Eick and Meyers to complete the original study which included all fees for the City, which will be reviewed at an upcoming Council meeting. Staff would like to get a secondary analysis for the fees particularly related to development and building. The City of Dayton completed two studies one with Abdo, Eick, and Meyers and Baker Tilly related to fees in the last two years. The goal after the analysis is complete to use the information provided to make changes to the City’s fee schedule as needed. Staff is working with Baker Tilly to provide a proposal and engagement letter, which w ill be sent out to Council and provided in the permanent agenda packet at City Hall. Financial/Budget: The proposal estimated at the amount of $18,000. This is an unbudgeted expenditure however staff feels it is necessary in order to assist with reporting requirements. Options: 1. Authorize staff to proceed with the Governmental Fee Analysis Proposal. 2. Send back to staff for further review. Recommendation: Staff recommends proceeding with the proposal. Council Action: Consider a motion to authorize staff to proceed with the Governmental Fee Analysis Proposal. Attachments: 1. Governmental Fee Analysis Proposal City of Corcoran 2022 City Council Schedule Agenda Item: 11. 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 •Park Trail Feasbaility Report •Donations – Stanchion •Award Bids – Cropland •Closing Out Funds March 25 th – Special Council Meeting •City Administrator Interviews at 12pm 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 •Bellwether Boardwalk RFP Approval •Rush Creek Reserve Turn Lanes – Award Bids •Award Bids – Road Materials •Policy for Tabling Planning Items April 28, 2022 (Mayor McKee Not in Attendance) •Active Corcoran Planning Applications •Financial Performance Report •Bellwether 8th Addition FP and FPUD (city file 22-007) – tentative •Amberly 2nd Addition FP and FPUD (city file 22-008) – tentative Page 2 of 3 • Public Hearing: Westside Tire Variance, SP and IUP (city file 22-011) • Public Hearing: Karineimi Meadows PP (city file 22-013) – tentative • NE district plan update (city file 21-050) • Rush Creek Reserve 2nd FPUD and FP/DA (city file 22-012) – tentative • Pulte Walcott Glen – Rezoning, PUD plan and Preliminary Plat (city file 22-015) - tentative 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 Page 3 of 3 September 22, 2022 • Active Corcoran Planning Applications 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