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2022-08-25 Council Agenda Packet
Corcoran City Council Agenda August 25, 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.2021 Audit Presentation* 7.Consent Agenda a.Draft Minutes of the May 12, 2022 Council Meeting* b.Financial Claims* c.Interim Ordinance - Prohibiting the Sale of Edible Cannabinoid Products * d.Resolution 2022-99 Approving Cancellation of Special Assessments* e.2021 Audit* f.St. Therese - Temporary Construction Easement Agreement* g.Joint Powers Agreement - Brockton Lane North* h.Cook Lake Highlands – Metropolitan Council Agreements* 8.Planning Business – Public Comment Opportunity a.Walcott Glen Final Plat and PUD* b.Cook Lake Highlands PUD Revision Request* c.O’Brien Concept Plan* 9.Unfinished Business – Public Comment Opportunity a.Night to Unite Recap* b.Planning Commission Appointment* c.City Center Drive & 79th Place Mass Grading and Stormwater Improvements – Cost Share Agreement* d.2023-2025 Labor Agreement* 10.New Business – Public Comment Opportunity a.Tuition Reimbursement* b.Request for Council Work Session* c.Request for Sign Ordinance Amendment* 11.Staff Reports a.Active Planning Applications* 12.2022 City Council Schedule* 13.Adjournment *Includes Materials - Materials relating to these agenda items can be found in the Council Chambers Agenda Packet book located by the entrance . The complete Council Agenda Packet is available electronically on the City website at www.corcoranmn.gov. HYBRID MEETING OPTION AVAILABLE The public is invited to attend the regular Council meetings at City Hall. Meeting Via Telephone/Other Electronic Means Call-in Instructions: +1 312 626 6799 US Enter Meeting ID: 834 8444 5740 Press *9 to speak during the Public Comment Sections in the meeting. Video Link and Instructions: https://us02web.zoom.us/j/83484445740 visit http://www.zoom.us and enter Meeting ID: 834 8444 5740 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: August 25, 2022 Prepared By: Michelle Friedrich Topic: Commission Representatives Action Required: None – Informational Summary: The advisory commission representatives for the Council meeting on August 25, 2022, are as follows: •Planning Commission : Mark Lanterman •Parks and Trails Commission: Phil Christenson Financial/Budget: N/A Council Action: N/A Attachments: N/A STAFF REPORT Agenda Item : 6a. Counc il Meeting: August 25, 2022 Prepared By : Maggie Ung Topic : 2021 Audit Presentation Action Required: Informational Su mm ar y : The auditors have prepared a video to present the 2021 audit. Staff is recommending questions be sent in prior to the council meeting. For additional questions, staff will compile and bring back answers at the September 8th council meeting. Financial/Budget: N/A Options: N/A Council Action: N/A Attachments: 1.2021 DRAFT Audit Presentation Agenda Item: 6a. STAFF REPORT Agenda Item: 7a. Council Meeting: August 25, 2022 Prepared By: Michelle Friedrich Topic: Draft Council Minutes May 12, 2022 Action Required: Informational Summary: The Draft Council Minutes for May 12, 2022, will be provided to Councilmembers by Tuesday, August 23, for approval at the August 25, 2022. Financial/Budget: N/A Options: N/A Council Action: Informational only. Attachments: None Agenda Item 7b. Council Meeting Date:8/25/2022 Prepared By:Maggie Ung Amount Project name $0.00 -$ $556,357.93 556,357.93$ 151,242.95$ 707,600.88$ Date Paid to Amount Description 8/5/2022 Optum Bank 3,559.12$ Employee HSA 8/5/2022 MN PERA 20,101.51$ Employee Pension 8/9/2022 INVOICE CLOUD 1,088.54$ Credit Card Fee 8/11/2022 ADP 96,702.57$ Net Payroll and Taxes 8/12/2022 Optum Bank 3,559.12$ Employee HSA 8/12/2022 MN PERA 20,532.00$ PERA 8/15/2022 MN DEPT OF REVEN 25.00$ Fuel License Renewal 8/15/2022 MN DEPT OF REVEN 97.47$ Fuel Tax 8/15/2022 POSTALIA 400.00$ Postage 8/15/2022 STATE OF MINN 5,177.62$ Employee Deferred Comp/Healthcare Savings Total 151,242.95$ 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 Total Total Fund #500 = (See attached Payments Detail) FINANCIAL CLAIMS CHECK RANGE FUND #500 ESCROW CLAIMS Paid to SEE THE REGISTER FOR #500 CLAIMS CHECK REGISTER - COUNCIL INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 1/11Page: 08/19/2022 12:57 PM User: mung DB: Corcoran EXP CHECK RUN DATES 08/12/2022 - 08/25/2022 JOURNALIZED PAID - CHECK TYPE: PAPER CHECK Check AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 32532 32532425.00 08/11/2207222022-1TRAINING CITY OF ST. MICHAEL07/22/22100-43100-50207 425.00 Total For Check 32532 Check 32579 32579118.70 08/25/223519803CITY HALL PEST CONTROLADAMS PEST CONTROL, INC.08/09/22100-41900-50401 118.70 Total For Check 32579 Check 32580 32580112.04 08/25/22611993600PAYROLL PERIOD #16ADP, LLC08/05/22100-41900-50300 112.04 Total For Check 32580 Check 32581 3258168.14 08/25/221GVH-LJMJ-MQRT32G USB 3PACKAMAZON CAPITAL SERVICES08/06/22100-41900-50200 32581(34.96)08/25/22199X-64P1-KCMCCOMPUTER MONITOR STANDAMAZON CAPITAL SERVICES08/04/22100-41920-50221 32581111.45 08/25/22176R-HHWC-P3CMOFFICE SUPPLIESAMAZON CAPITAL SERVICES08/12/22100-42100-50200 32581213.00 08/25/221VLN-P7WX-WWP6OFFICE SUPPLIESAMAZON CAPITAL SERVICES08/08/22100-42100-50200 32581213.48 08/25/221WHF-6XJD-13HQCOLOR RIBBON AMAZON CAPITAL SERVICES08/15/22201-42100-50210 32581219.98 08/25/221VLN-P7WX-C4KLCOLOR INK CARTRIDGE AMAZON CAPITAL SERVICES08/05/22201-42100-50210 791.09 Total For Check 32581 Check 32582 32582180.78 08/25/2208_20222022 PRIMARY ELECTION P1ANGELINE LINQUIST08/02/22100-41410-50114 180.78 Total For Check 32582 Check 32583 3258374.99 08/25/22298057UNIFORM - MONNENSASPEN MILLS08/03/22100-42100-50417 74.99 Total For Check 32583 Check 32584 325842,137.50 08/25/22BT2157747BUILDING & DEVELOPMENT REVIEW/ANALBAKER TILLY US LLP08/10/22100-42400-50300 2,137.50 Total For Check 32584 Check 32585 3258560.56 08/25/222106761UNLEADED 87BEAUDRY OIL COMPANY08/05/22100-41900-50403 325852,664.82 08/25/222106761UNLEADED 87BEAUDRY OIL COMPANY08/05/22100-42100-50212 32585302.82 08/25/222106761UNLEADED 87BEAUDRY OIL COMPANY08/05/22100-43100-50212 3,028.20 Total For Check 32585 Check 32586 32586254.51 08/25/2208-20222022 PRIMARY ELECTION P1BONNIE AKSTETER08/16/22100-41410-50114 254.51 Total For Check 32586 Check 32587 32587230.14 08/25/2208_20222022 PRIMARY ELECTION P3BONNIE MAUE08/02/22100-41410-50114 230.14 Total For Check 32587 Check 32588 32588222.10 08/25/2208_20222022 PRIMARY ELECTION P1CATHERINE LEUER08/02/22100-41410-50114 222.10 Total For Check 32588 Check 32589 3258972.27 08/25/2207212022LAND LINECENTURY LINK07/21/22100-45200-50321 72.27 Total For Check 32589 Check 32590 CHECK REGISTER - COUNCIL INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 2/11Page: 08/19/2022 12:57 PM User: mung DB: Corcoran EXP CHECK RUN DATES 08/12/2022 - 08/25/2022 JOURNALIZED PAID - CHECK TYPE: PAPER CHECK Check AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 32590 32590155.44 08/25/2207282022LAND LINECENTURY LINK07/28/22100-45200-50321 155.44 Total For Check 32590 Check 32591 32591109.21 08/25/224127929985CITY HALL MATSCINTAS - 47008/10/22100-41900-50400 32591111.88 08/25/224127318959CRT BLUE/CABINETCINTAS - 47008/03/22100-43100-50400 3259115.10 08/25/224127318941MICROFIBER WIPECINTAS - 47008/03/22100-43100-50400 3259181.77 08/25/224127318946BATH TOWELCINTAS - 47008/03/22100-43100-50400 3259174.73 08/25/224127930066CRT BLUE/CABINETCINTAS - 47008/10/22100-43100-50400 32591162.62 08/25/224127318947UNIFORMSCINTAS - 47008/03/22100-43100-50417 32591162.62 08/25/224127930165UNIFORMSCINTAS - 47008/10/22100-43100-50417 717.93 Total For Check 32591 Check 32592 3259281.25 08/25/22BP22-0004BD Bond RefundCITY OF CORCORAN08/17/22100-00000-22205 3259232.50 08/25/22BP22-0004.1BD Bond RefundCITY OF CORCORAN08/17/22100-00000-22205 3259232.50 08/25/22BP22-0004.2BD Bond RefundCITY OF CORCORAN08/17/22100-00000-22205 32592357.50 08/25/22BP22-0004.3BD Bond RefundCITY OF CORCORAN08/17/22100-00000-22205 3259297.50 08/25/22BP22-0004.4BD Bond RefundCITY OF CORCORAN08/17/22100-00000-22205 32592487.50 08/25/22BP22-0004.5BD Bond RefundCITY OF CORCORAN08/17/22100-00000-22205 3259297.50 08/25/22BP22-0004.6BD Bond RefundCITY OF CORCORAN08/17/22100-00000-22205 32592140.94 08/25/2207_2022CITY HALL WATER BILLCITY OF CORCORAN07/27/22100-41900-50380 1,327.19 Total For Check 32592 Check 32593 3259365.00 08/25/22BP22-0011BD Bond RefundCITY OF CORCORAN08/17/22100-00000-22205 65.00 Total For Check 32593 Check 32594 3259433,986.15 08/25/2221368WATER USAGE 3RD QUARTER 2022CITY OF MAPLE GROVE06/30/22601-49400-50311 33,986.15 Total For Check 32594 Check 32595 32595139.18 08/25/2208052022INTERNETCOMCAST - 002320208/05/22100-41900-50321 32595139.17 08/25/2208052022INTERNETCOMCAST - 002320208/05/22100-42100-50321 278.35 Total For Check 32595 Check 32596 32596637.00 08/25/22333153MONITORSCOMPUTER INTEGRATION TECH08/11/22100-41920-50221 32596885.00 08/25/22332939AGREEMENT MANAGED BACKUPCOMPUTER INTEGRATION TECH08/15/22100-41920-50300 325961,574.00 08/25/22333179AGREEMENT OFFICE 365COMPUTER INTEGRATION TECH08/15/22100-41920-50300 325964,406.75 08/25/22333465AGREEMENT MANAGED SERVICESCOMPUTER INTEGRATION TECH08/15/22100-41920-50300 325962,184.00 08/25/22332668IT SUPPORT SERVICESCOMPUTER INTEGRATION TECH07/31/22100-41920-50300 9,686.75 Total For Check 32596 Check 32597 32597975.00 08/25/227610NIGHT TO UNITE FOODCORCORAN LOCKER08/02/22202-42100-50210 975.00 Total For Check 32597 Check 32598 32598202.68 08/25/22080822-12022 PRIMARY ELECTION SUPPLIESCREDIT CARD PURCHASES08/08/22100-41410-50210 3259819.98 08/25/2208.09.20222022 PRIMARY ELECTION SUPPLIESCREDIT CARD PURCHASES08/09/22100-41410-50210 3259811.98 08/25/220809222022 PRIMARY ELECTION SUPPLIESCREDIT CARD PURCHASES08/09/22100-41410-50210 3259854.00 08/25/22080922-12022 PRIMARY ELECTION - DINNERCREDIT CARD PURCHASES08/09/22100-41410-50210 32598288.94 08/25/22080922-22022 PRIMARY ELECTION SUPPLIESCREDIT CARD PURCHASES08/09/22100-41410-50210 CHECK REGISTER - COUNCIL INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 3/11Page: 08/19/2022 12:57 PM User: mung DB: Corcoran EXP CHECK RUN DATES 08/12/2022 - 08/25/2022 JOURNALIZED PAID - CHECK TYPE: PAPER CHECK Check AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 32598 325981.27 08/25/2207.14.2022VEHICLE REGISTRATION PROCESSING FEDVS07/14/22100-41900-50403 3259882.26 08/25/2208.11.22SUPPLIESCREDIT CARD PURCHASES08/11/22100-42100-50200 3259811.43 08/25/2208042022CHICK FIL-A - TRAININGCREDIT CARD PURCHASES08/04/22100-42100-50207 3259850.00 08/25/2207.14.22BCA TRAININGCREDIT CARD PURCHASES07/14/22100-42100-50207 325980.08 08/25/2207.07.2022 ADJSUPPLIES FOR RODEO - TRANSACTION ACREDIT CARD PURCHASES07/07/22100-42100-50209 3259842.00 08/25/22551008SHIFT SCHEDULING FLEETIO08/09/22100-42100-50210 32598132.00 08/25/2207122022HANDHELDINTOXIMETERS07/12/22100-42100-50210 3259810.00 08/25/2208112022FUELCREDIT CARD PURCHASES08/11/22100-42100-50212 325981.26 08/25/2207.14.2022VEHICLE REGISTRATION PROCESSING FEDVS07/14/22100-42100-50403 3259868.11 08/25/2208012022CUB FOODS - TRAININGCREDIT CARD PURCHASES08/01/22100-43100-50207 32598919.62 08/25/2221695ENHANCED CALIBRATIONSCREDIT CARD PURCHASES08/15/22100-43100-50220 32598268.44 08/25/2207.21.22MRPA CONFERENCE LODGINGCREDIT CARD PURCHASES07/21/22100-45100-50207 32598640.20 08/25/2208162022SOCCER MEDALSCREDIT CARD PURCHASES07/28/22100-45100-50210 3259850.99 08/25/2208092022BOOTS - ENTRIKINCREDIT CARD PURCHASES08/09/22100-45200-50210 32598199.99 08/25/228.9.22BOOTS - ENTRIKINCREDIT CARD PURCHASES08/09/22100-45200-50210 32598(26.85)08/25/2208032022SUPPLIESMENARDS MAPLE GROVE08/03/22201-42100-50210 3259864.69 08/25/2208132022HOSEMENARDS MAPLE GROVE08/13/22201-42100-50210 3259826.85 08/25/2208022022HOSE & BRASS CONNECTORMENARDS MAPLE GROVE08/02/22201-42100-50210 325985,492.21 08/25/2223110864NIGHT TO UNITE SWAG4 IMPRINT06/17/22202-42100-50210 32598359.64 08/25/2208022022COOKIES FOR NIGHT TO UNITECREDIT CARD PURCHASES08/02/22202-42100-50210 32598148.75 08/25/22NTU072922NIGHT TO UNITE PRIZESCREDIT CARD PURCHASES07/29/22202-42100-50210 32598125.64 08/25/2208.2.22NIGHT TO UNITE SUPPLIESCREDIT CARD PURCHASES08/02/22202-42100-50210 32598214.59 08/25/2207.26.2022NIGHT TO UNITE SUPPLIESCREDIT CARD PURCHASES07/26/22202-42100-50210 9,460.75 Total For Check 32598 Check 32599 3259918.57 08/25/22114X87244808OFFICE WATERCULLIGAN BOTTLED WATER07/31/22100-41900-50210 18.57 Total For Check 32599 Check 32600 32600110.15 08/25/22158908PARK SUPPLIESCUTTER SALES INC07/20/22100-45200-50210 110.15 Total For Check 32600 Check 32601 32601180.78 08/25/2208_20222022 PRIMARY ELECTION P3DIANE ENTRIKIN08/02/22100-41410-50114 180.78 Total For Check 32601 Check 32602 3260263.87 08/25/22904007NOTICE OF ELECTION EQUIPMENT ACCURECM PUBLISHERS INC07/28/22100-41410-50210 3260270.14 08/25/22904008NOTICE OF PRIMARY ELECTIONECM PUBLISHERS INC07/28/22100-41410-50210 3260259.37 08/25/22904009NOTICE OF OPEN CANDIDACY FILINGECM PUBLISHERS INC07/28/22100-41410-50210 193.38 Total For Check 32602 Check 32603 3260325.83 08/25/2208_20222022 PRIMARY ELECTION P3ELIAS LEMON08/02/22100-41410-50114 25.83 Total For Check 32603 Check 32604 3260425.83 08/25/2208_20222022 PRIMARY ELECTION P2GAIL PROPSON08/02/22100-41410-50114 25.83 Total For Check 32604 Check 32605 32605154.95 08/25/2208_20222022 PRIMARY ELECTION P2GERALD JOHNSON08/02/22100-41410-50114 154.95 Total For Check 32605 CHECK REGISTER - COUNCIL INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 4/11Page: 08/19/2022 12:57 PM User: mung DB: Corcoran EXP CHECK RUN DATES 08/12/2022 - 08/25/2022 JOURNALIZED PAID - CHECK TYPE: PAPER CHECK Check AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 32606 32606180.78 08/25/2208_20222022 PRIMARY ELECTION P3HEIDI QUIMBY08/02/22100-41410-50114 180.78 Total For Check 32606 Check 32607 3260775.00 08/25/221000189816JAIL CHARGESHENN CO SHERIFF07/31/22100-42100-50305 75.00 Total For Check 32607 Check 32608 32608118,000.00 08/25/22100189330ASSESSMENT FEES 2022HENNEPIN COUNTY ASSESSOR08/05/22100-41550-50300 118,000.00 Total For Check 32608 Check 32609 326091,464.26 08/25/221000189695RADIO LEASE JULY 2022HENNEPIN COUNTY INFO TECH08/02/22100-42100-50323 32609308.88 08/25/221000189762RADIO FLEET JULY 2022HENNEPIN COUNTY INFO TECH08/03/22100-43100-50323 1,773.14 Total For Check 32609 Check 32610 326101.62 08/25/2220222022 PROPERTY TAX: PID 01-119-23-4HENNEPIN COUNTY TREASURER08/09/22100-41550-50210 1.62 Total For Check 32610 Check 32611 32611201.44 08/25/2208_20222022 PRIMARY ELECTION P3HERWIG, LORI08/02/22100-41410-50114 201.44 Total For Check 32611 Check 32612 32612194.07 08/25/22570520GENERATORHIGHWAY 55 RENTAL08/03/22202-42100-50210 194.07 Total For Check 32612 Check 32613 32613924.35 08/25/220007403000-001WATER PUMPHLS OUTDOOR - BROOKLYN PARK08/03/22100-45200-50221 924.35 Total For Check 32613 Check 32614 326142,056.36 08/25/2208102022NIGHT TO UNITE FOODHY-VEE 08/10/22202-42100-50210 2,056.36 Total For Check 32614 Check 32615 32615180.78 08/25/2208_20222022 PRIMARY ELECTION P1JANE VIOLA HEINS08/02/22100-41410-50114 180.78 Total For Check 32615 Check 32616 32616178.70 08/25/2208_20222022 PRIMARY ELECTION P2JANICE STIEG08/02/22100-41410-50114 178.70 Total For Check 32616 Check 32617 3261725.83 08/25/2208_20222022 PRIMARY ELECTION P1JAYNE MYHRE08/02/22100-41410-50114 25.83 Total For Check 32617 Check 32618 32618263.42 08/25/2208_20222022 PRIMARY ELECTION P3JOANN JOHNSON08/02/22100-41410-50114 263.42 Total For Check 32618 Check 32619 32619180.78 08/25/2208_20222022 PRIMARY ELECTION P3KAISER, RAY08/02/22100-41410-50114 180.78 Total For Check 32619 CHECK REGISTER - COUNCIL INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 5/11Page: 08/19/2022 12:57 PM User: mung DB: Corcoran EXP CHECK RUN DATES 08/12/2022 - 08/25/2022 JOURNALIZED PAID - CHECK TYPE: PAPER CHECK Check AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 32620 32620200.00 08/25/22NTU0822NIGHT TO UNITE FACE PAINTINGKATIE MADDAUS08/16/22202-42100-50210 200.00 Total For Check 32620 Check 32621 326211,159.00 08/25/2233349CORCORAN FARMS BUSINESS PARK CONCELANDFORM PROFESSIONAL SERVIC08/09/22100-00000-22205 3262136.50 08/25/2233331O'BRIEN SKETCH PLAN CITY FILE 22-0LANDFORM PROFESSIONAL SERVIC08/09/22100-00000-22205 3262136.50 08/25/2233332PROTECH CUP SP VAR CITY FILE 22-04LANDFORM PROFESSIONAL SERVIC08/09/22100-00000-22205 32621109.50 08/25/2233334CORCORAN FARMS BP RZ PP PUD CITY FLANDFORM PROFESSIONAL SERVIC08/09/22100-00000-22205 32621716.50 08/25/2233336PIONEER TRAIL INDUSTRIAL PARK RZ PLANDFORM PROFESSIONAL SERVIC08/09/22100-00000-22205 326211,000.50 08/25/2233337TABOR LENNAR FENCE PUD AMEN CITY FLANDFORM PROFESSIONAL SERVIC08/09/22100-00000-22205 32621146.00 08/25/2233340MARK LEE OS&PLANDFORM PROFESSIONAL SERVIC08/09/22100-00000-22205 32621146.00 08/25/2233322BASS LAKE ESTATES FP AND FINAL PUD LANDFORM PROFESSIONAL SERVIC08/09/22100-00000-22205-011 3262136.50 08/25/2233342BECHTOLD FARMS FINAL PLAT CITY FILLANDFORM PROFESSIONAL SERVIC08/09/22100-00000-22205-013 32621925.50 08/25/2233326COOK LAKE HIGHLANDS FP & FPUD PROJLANDFORM PROFESSIONAL SERVIC08/08/22100-00000-22205-017 32621109.50 08/25/2233327D&D SERVICE CUP SP AND VAR CITY FILANDFORM PROFESSIONAL SERVIC08/08/22100-00000-22205-024 3262136.50 08/25/2233345KARINIEMI MEADOWS PP CITY FILE 22-LANDFORM PROFESSIONAL SERVIC08/09/22100-00000-22205-044 326212,609.50 08/25/2233341TAVERA 4TH FPUD AND FP CITY FILE 2LANDFORM PROFESSIONAL SERVIC08/09/22100-00000-22205-056 3262173.00 08/25/2233328NAPA CUP AND SP CITY FILE 21-004LANDFORM PROFESSIONAL SERVIC08/08/22100-00000-22205-075 32621258.50 08/25/2233347AMBERLY 2ND ADDITION FP AND FPUD 2LANDFORM PROFESSIONAL SERVIC08/09/22100-00000-22205-087 32621770.00 08/25/2233348BELLWETHER 8TH FP AND FPUD 22.007LANDFORM PROFESSIONAL SERVIC08/09/22100-00000-22205-087 32621346.00 08/25/2233344BELLWETHER 9TH FP & FPUD CITY FILE LANDFORM PROFESSIONAL SERVIC08/09/22100-00000-22205-087 32621438.00 08/25/2233323ENCORE FINAL PUD AND FP CITY FILE LANDFORM PROFESSIONAL SERVIC08/09/22100-00000-22205-087 3262145.00 08/25/2233325BELLWETHER 7TH FP & FPUD CITY FILE LANDFORM PROFESSIONAL SERVIC08/08/22100-00000-22205-087 3262136.50 08/25/2233324RUSH CREEK RESERVE FP & FPUD CITY LANDFORM PROFESSIONAL SERVIC08/09/22100-00000-22205-098 32621576.50 08/25/2233343ST THERESE FINAL PLAT CITY FILE 22LANDFORM PROFESSIONAL SERVIC08/09/22100-00000-22205-117 3262136.50 08/25/2233346WESTSIDE TIRE VAR, SP AND IUP CITY LANDFORM PROFESSIONAL SERVIC08/09/22100-00000-22205-127 326211,200.50 08/25/2233335WHE FINAL PLAT CITY FILE 22-041LANDFORM PROFESSIONAL SERVIC08/09/22100-00000-22205-128 326211,108.50 08/25/2233338WALCOTT GLEN FP AND FPUD CITY 22-0LANDFORM PROFESSIONAL SERVIC08/09/22100-00000-22205-132 32621955.00 08/25/2233367RESIDENTIAL FRONT YARD ORDINANCE ALANDFORM PROFESSIONAL SERVIC08/16/22100-41910-50300 326211,999.50 08/25/2233330CITY BUSINESSLANDFORM PROFESSIONAL SERVIC08/09/22100-41910-50300 326213,574.75 08/25/2233329COD CODE ENFORCEMENTLANDFORM PROFESSIONAL SERVIC08/08/22100-42401-50300 18,486.25 Total For Check 32621 Check 32622 32622180.78 08/25/2208_20222022 PRIMARY ELECTION P2LASCHINGER, ANGIE08/02/22100-41410-50114 180.78 Total For Check 32622 Check 32623 32623500.00 08/25/2217701WORKERS COMPENSATIONLEAGUE OF MN CITIES INSUR.TR08/02/22100-42100-50365 32623573.10 08/25/2217762/17757WORKERS COMPENSATIONLEAGUE OF MN CITIES INSUR.TR08/02/22100-43100-50365 1,073.10 Total For Check 32623 Check 32624 32624180.78 08/25/2208_20222022 PRIMARY ELECTION P1LILLIAN WAWRA08/02/22100-41410-50114 180.78 Total For Check 32624 Check 32625 32625251.80 08/25/2208_20222022 PRIMARY ELECTION P3LINDA BENSON08/02/22100-41410-50114 251.80 Total For Check 32625 Check 32626 3262625.83 08/25/2208_20222022 PRIMARY ELECTION TRAININGLINDA COMB08/02/22100-41410-50114 25.83 Total For Check 32626 CHECK REGISTER - COUNCIL INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 6/11Page: 08/19/2022 12:57 PM User: mung DB: Corcoran EXP CHECK RUN DATES 08/12/2022 - 08/25/2022 JOURNALIZED PAID - CHECK TYPE: PAPER CHECK Check AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 32627 32627180.78 08/25/2208_20222022 PRIMARY ELECTION P3LINDA FAATZ08/02/22100-41410-50114 180.78 Total For Check 32627 Check 32628 3262875.00 08/25/2208.2022LIZZY POPPLER - SOCCER REFEREE TIMLIZZY POPPLER08/16/22100-45100-50210 75.00 Total For Check 32628 Check 32629 32629180.78 08/25/2208_20222022 PRIMARY ELECTION P2LORI KAISER08/02/22100-41410-50114 180.78 Total For Check 32629 Check 32630 326301,664.77 08/25/2207_2022LABOR RELATION SERVICESMADDEN, GALANTER, HANSEN LLP08/03/22100-41600-50300 1,664.77 Total For Check 32630 Check 32631 3263118,817.92 08/25/222022-16DWETLAND CREDIT PURCHASEMADER FARM LLC08/09/22408-48010-50530 18,817.92 Total For Check 32631 Check 32632 3263220.72 08/25/222458BLEACHMENARDS MAPLE GROVE07/27/22100-41900-50210 32632385.35 08/25/222908SUPPLIES - ADAPTERS/VALVE/ELBOWMENARDS MAPLE GROVE08/04/22100-45200-50221 32632239.40 08/25/222459BOTTLED WATER - NIGHT TO UNITEMENARDS MAPLE GROVE07/27/22202-42100-50210 32632107.96 08/25/222778SUPPLIESMENARDS MAPLE GROVE08/02/22202-42100-50210 32632339.30 08/25/22284527 GALLON TOTEMENARDS MAPLE GROVE08/03/22202-42100-50210 326329.40 08/25/222779NIGHT TO UNITE SUPPLIESMENARDS MAPLE GROVE08/02/22202-42100-50210 1,102.13 Total For Check 32632 Check 32633 3263310.00 08/25/22INV2096051COPIER BASE RATEMETRO SALES INC08/01/22100-41920-50210 326334,084.72 08/25/22INV2091092COPIER LEASEMETRO SALES INC07/25/22100-41920-50210 4,094.72 Total For Check 32633 Check 32634 3263441,236.68 08/25/223373PERMITS JULY 2022METRO WEST INSPECTION SERVIC08/04/22100-42400-50300 41,236.68 Total For Check 32634 Check 32635 3263511,642.72 08/25/220001143762WASTE WATER SERVICES 09/2022METROPOLITAN COUNCIL ENVIRO08/05/22602-49450-50312 11,642.72 Total For Check 32635 Check 32636 32636315.00 08/25/2208162022BASEBALL BACKGROUND CHECKSMN BCA08/16/22100-45100-50300 315.00 Total For Check 32636 Check 32637 326377.08 08/25/2208012022SPRAY PAINT FOR SQUADMONNENS, DANI08/01/22100-42100-50210 7.08 Total For Check 32637 Check 32638 32638585.00 08/25/221411000713DEVICE LICENSEMOTOROLA SOLUTIONS INC08/17/22100-41920-50210 585.00 Total For Check 32638 Check 32639 32639460.00 08/25/2208152022DEPENDENT CARE REIMBURSEMENTNATALIE DAVIS MCKEOWN08/16/22100-00000-21710 CHECK REGISTER - COUNCIL INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 7/11Page: 08/19/2022 12:57 PM User: mung DB: Corcoran EXP CHECK RUN DATES 08/12/2022 - 08/25/2022 JOURNALIZED PAID - CHECK TYPE: PAPER CHECK Check AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 32639 460.00 Total For Check 32639 Check 32640 326402,024.96 08/25/222022-42022 4TH BENCHMARKNW TRAILS ASSOCIATION06/24/22100-45200-50530 2,024.96 Total For Check 32640 Check 32641 3264130.45 08/25/22W22050610VOICE SERVICES OFFICE OF MNIT SERVICES06/16/22100-41920-50210 30.45 Total For Check 32641 Check 32642 32642178.70 08/25/2208_20222022 PRIMARY ELECTION P2PATRICIA TADYCH08/02/22100-41410-50114 178.70 Total For Check 32642 Check 32643 32643133.04 08/25/2201CM8802REPAIR SUPPLIES: BEARINGSPIONEER RIM & WHEEL07/05/22100-43100-50220 133.04 Total For Check 32643 Check 32644 32644297.83 08/25/2208_20222022 PRIMARY ELECTION P1RATKE, SHARON08/02/22100-41410-50114 297.83 Total For Check 32644 Check 32645 32645419.33 08/25/220894-005855182CITY HALL GARBAGE JULY 2022REPUBLIC SERVICES07/31/22100-41900-50380 32645296.30 08/25/220894-005856141PUBLIC WORKS GARBAGE JULY 2022REPUBLIC SERVICES07/31/22100-43100-50380 32645848.52 08/25/220894-005858806CITY HALL RECYCLING JULY 2022REPUBLIC SERVICES07/31/22100-43201-50300 32645398.45 08/25/220894-005855003CITY PARK GARBAGE JULY 2022REPUBLIC SERVICES07/31/22100-45200-50380 32645106.32 08/25/220894-005857489WILDFLOWER PARK GARBAGE JULY 2022REPUBLIC SERVICES07/31/22100-45200-50380 2,068.92 Total For Check 32645 Check 32646 32646180.78 08/25/2208_20222022 PRIMARY ELECTION TRAININGRIEHLE JOSEPH08/02/22100-41410-50114 180.78 Total For Check 32646 Check 32647 3264750.00 08/25/2208162022SHANE SEIFFERT - SOCCER REFEREE TISHANE SEIFFERT08/16/22100-45100-50210 50.00 Total For Check 32647 Check 32648 3264827.27 08/25/2207292022MILAGE REIMBURSEMENTSHAWNA ZUTHER07/29/22100-41130-50350 27.27 Total For Check 32648 Check 32649 32649284.08 08/25/2208_20222022 PRIMARY ELECTION SHEILA SCHOUVILLER08/02/22100-41410-50114 284.08 Total For Check 32649 Check 32650 32650271.58 08/25/2262303BLAST SUITSPESCO, INC08/15/22100-43100-50210 271.58 Total For Check 32650 Check 32651 32651168.45 08/25/2221309HARDWARE PACKAGE/BOLTSST CROIX RECREATION FUN PLAY07/31/22100-45200-50210 168.45 Total For Check 32651 Check 32652 CHECK REGISTER - COUNCIL INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 8/11Page: 08/19/2022 12:57 PM User: mung DB: Corcoran EXP CHECK RUN DATES 08/12/2022 - 08/25/2022 JOURNALIZED PAID - CHECK TYPE: PAPER CHECK Check AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 32652 326528,136.57 08/25/221958054RUSH CREEK RESERVE TURN LANESSTANTEC CONSULTING SERVICES07/26/22100-00000-22205 32652788.00 08/25/221958063CORCORAN FARMS BUSINESS PARKSTANTEC CONSULTING SERVICES07/26/22100-00000-22205 32652874.43 08/25/221958149ESCROW PROJECTSSTANTEC CONSULTING SERVICES07/26/22100-00000-22205 3265211,269.61 08/25/221958046PULTE DEVELOPMENT INFRASTRUCTURESTANTEC CONSULTING SERVICES07/26/22100-00000-22205 326521,012.50 08/25/221958150WCASTANTEC CONSULTING SERVICES07/26/22100-00000-22205 3265229.50 08/25/221958053NELSON TRUCKING CSAH 101 TURN LANESTANTEC CONSULTING SERVICES07/26/22100-00000-22205 326522,924.36 08/25/221958149ESCROW PROJECTSSTANTEC CONSULTING SERVICES07/26/22100-00000-22205-008 32652238.67 08/25/221958149ESCROW PROJECTSSTANTEC CONSULTING SERVICES07/26/22100-00000-22205-010 326521,454.00 08/25/221958049COOK LAKESTANTEC CONSULTING SERVICES07/26/22100-00000-22205-017 32652148.35 08/25/221958149ESCROW PROJECTSSTANTEC CONSULTING SERVICES07/26/22100-00000-22205-024 32652672.00 08/25/221958149ESCROW PROJECTSSTANTEC CONSULTING SERVICES07/26/22100-00000-22205-044 326521,648.49 08/25/221958148LENNAR DEVELOPMENTSTANTEC CONSULTING SERVICES07/26/22100-00000-22205-055 32652438.75 08/25/221958150WCASTANTEC CONSULTING SERVICES07/26/22100-00000-22205-056 3265216,559.64 08/25/221958050TAVERA_LENNARSTANTEC CONSULTING SERVICES07/26/22100-00000-22205-056 3265259.00 08/25/221958149ESCROW PROJECTSSTANTEC CONSULTING SERVICES07/26/22100-00000-22205-075 32652556.67 08/25/221958051NELSON TRUCKINGSTANTEC CONSULTING SERVICES07/26/22100-00000-22205-076 32652366.00 08/25/221958057PIONEER TRAIL INDUSTRIAL PARKSTANTEC CONSULTING SERVICES07/26/22100-00000-22205-080 3265214,043.50 08/25/221958064STIEG ROAD IMPROVEMENTSSTANTEC CONSULTING SERVICES07/26/22100-00000-22205-087 3265228,482.52 08/25/221958060AMBERLY 1,2 / BELLWETHER 6, 7, 9STANTEC CONSULTING SERVICES07/26/22100-00000-22205-087 326527,524.52 08/25/221958052RUSH CREEK RESERVESTANTEC CONSULTING SERVICES07/26/22100-00000-22205-098 32652517.50 08/25/221958055ST THERESE DEVELOPMENT REVIEWSTANTEC CONSULTING SERVICES07/26/22100-00000-22205-117 32652278.90 08/25/221958149ESCROW PROJECTSSTANTEC CONSULTING SERVICES07/26/22100-00000-22205-128 326524,199.50 08/25/221958058PULTE WALCOTT GLENNSTANTEC CONSULTING SERVICES07/26/22100-00000-22205-129 326521,196.00 08/25/221958059RUSH CREEK/ST THERESE OFFSITE UTILSTANTEC CONSULTING SERVICES07/26/22100-00000-22205-130 326522,486.50 08/25/221958151NEW CONSTRUCTION INSPECTIONSTANTEC CONSULTING SERVICES07/26/22100-42400-50303 326521,274.00 08/25/221958062HORSESHOE BEND DRIVESTANTEC CONSULTING SERVICES07/26/22100-43170-50300 326521,670.00 08/25/221958047TRANSPORTATIONSTANTEC CONSULTING SERVICES07/26/22100-43170-50300 326521,156.00 08/25/221958048STORMWATERSTANTEC CONSULTING SERVICES07/26/22100-43170-50300 326522,385.00 08/25/221958152GENERAL ENGINEERING SERVICESSTANTEC CONSULTING SERVICES07/26/22100-43170-50300 326521,293.75 08/25/221958150WCASTANTEC CONSULTING SERVICES07/26/22100-43170-50309 3265288.50 08/25/221958152GENERAL ENGINEERING SERVICESSTANTEC CONSULTING SERVICES07/26/22100-45100-50300 326523,223.46 08/25/22195804566TH STREET DESIGN & CONSTRUCTIONSTANTEC CONSULTING SERVICES07/26/22408-48005-50300 326521,879.00 08/25/221958066BRIDGE REPLACEMENT DESIGN-CITY OF STANTEC CONSULTING SERVICES07/26/22408-48009-50303 3265211,636.75 08/25/221940162CITY CENTER DR & 79TH PLACESTANTEC CONSULTING SERVICES07/01/22408-48010-50300 32652236.25 08/25/221958150WCASTANTEC CONSULTING SERVICES07/26/22408-48010-50300 32652107,989.50 08/25/221958259WATER SUPPLY, TREATMENT, AND STORASTANTEC CONSULTING SERVICES07/26/22601-00000-16500 326525,736.50 08/25/221958061CORCORAN WELL #1STANTEC CONSULTING SERVICES07/26/22601-00000-16500 32652280.00 08/25/221958056TEST WELL #2STANTEC CONSULTING SERVICES07/26/22601-00000-16500 32652655.50 08/25/221958065SOUTHEAST WATER SYSTEM ANALYSISSTANTEC CONSULTING SERVICES07/26/22601-49400-50303 3265293.52 08/25/221958151NEW CONSTRUCTION INSPECTIONSTANTEC CONSULTING SERVICES07/26/22601-49400-50303 3265293.53 08/25/221958151NEW CONSTRUCTION INSPECTIONSTANTEC CONSULTING SERVICES07/26/22602-49450-50303 245,596.74 Total For Check 32652 Check 32653 32653671.88 08/25/22I1581949DRESS HATSSTREICHER'S POLICE EQUIPMENT07/28/22100-42100-50417 32653169.99 08/25/22I1584336HOLSTERSTREICHER'S POLICE EQUIPMENT08/12/22100-42100-50417 841.87 Total For Check 32653 Check 32654 32654263.42 08/25/2208_20222022 PRIMARY ELECTION P1SUSAN PRASCH08/02/22100-41410-50114 263.42 Total For Check 32654 Check 32655 32655457.92 08/25/2208012022UNION DUES/TLDFTEAMSTER LOCAL 32008/01/22100-00000-21707 CHECK REGISTER - COUNCIL INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 9/11Page: 08/19/2022 12:57 PM User: mung DB: Corcoran EXP CHECK RUN DATES 08/12/2022 - 08/25/2022 JOURNALIZED PAID - CHECK TYPE: PAPER CHECK Check AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 32655 457.92 Total For Check 32655 Check 32656 3265629.08 08/25/229422PAINTTHECO INC06/15/22100-45200-50210 29.08 Total For Check 32656 Check 32657 3265719.18 08/25/2208102022REIMBURSEMENTUNG, MAGGIE08/10/22100-41410-50210 3265771.25 08/25/2208102022REIMBURSEMENTUNG, MAGGIE08/10/22100-42400-50331 90.43 Total For Check 32657 Check 32658 326581,140.24 08/25/2203312022US TREASURY PAYMENT RETURNUNITED STATES TREASURY08/08/22100-41900-50810 1,140.24 Total For Check 32658 Check 32659 32659247.81 08/25/229912067420CELL PHONEVERIZON WIRELESS07/26/22100-41900-50321 326591,388.24 08/25/229912067420CELL PHONEVERIZON WIRELESS07/26/22100-42100-50321 1,636.05 Total For Check 32659 Check 32660 32660232.43 08/25/2208_20222022 PRIMARY ELECTION P2VIRGINIA ANDERSON08/02/22100-41410-50114 232.43 Total For Check 32660 Check 32661 32661180.78 08/25/2208_20222022 PRIMARY ELECTION P1WARREN NORDSTROM08/02/22100-41410-50114 180.78 Total For Check 32661 Check 32662 32662268.70 08/25/2235029831719UTILITY BILL AUGUST 2022WRIGHT-HENNEPIN COOP ELECT08/11/22100-00000-22205-007 32662166.44 08/25/2235029831719UTILITY BILL AUGUST 2022WRIGHT-HENNEPIN COOP ELECT08/11/22100-00000-22205-056 326621,058.20 08/25/2235029831719UTILITY BILL AUGUST 2022WRIGHT-HENNEPIN COOP ELECT08/11/22100-00000-22205-065 32662215.32 08/25/2235029831719UTILITY BILL AUGUST 2022WRIGHT-HENNEPIN COOP ELECT08/11/22100-00000-22205-087 32662209.28 08/25/2235029831719UTILITY BILL AUGUST 2022WRIGHT-HENNEPIN COOP ELECT08/11/22100-00000-22205-098 326621,601.94 08/25/2235029831719UTILITY BILL AUGUST 2022WRIGHT-HENNEPIN COOP ELECT08/11/22100-41900-50381 3266259.98 08/25/2235029831719UTILITY BILL AUGUST 2022WRIGHT-HENNEPIN COOP ELECT08/11/22100-42151-50381 32662205.88 08/25/2235029831719UTILITY BILL AUGUST 2022WRIGHT-HENNEPIN COOP ELECT08/11/22100-43100-50381 3266287.74 08/25/2235029831719UTILITY BILL AUGUST 2022WRIGHT-HENNEPIN COOP ELECT08/11/22100-45200-50381 32662141.98 08/25/2235029831719UTILITY BILL AUGUST 2022WRIGHT-HENNEPIN COOP ELECT08/11/22601-49400-50380 32662249.85 08/25/2235029831719UTILITY BILL AUGUST 2022WRIGHT-HENNEPIN COOP ELECT08/11/22602-49450-50380 4,265.31 Total For Check 32662 Check 32663 326633,046.00 08/25/22R-020743-000-1HACKAMORE RD FINAL DESIGN & CONSTRWSB08/18/22100-00000-22205 3,046.00 Total For Check 32663 Check 32664 326641,231.12 08/25/22788974666PW BUILDING ELECTRICITYXCEL ENERGY07/22/22100-43100-50381 1,231.12 Total For Check 32664 Check 32665 3266514.63 08/25/227902106509820 CTY RD 101 STREET LIGHTXCEL ENERGY08/01/22100-43100-50381 14.63 Total For Check 32665 Check 32666 CHECK REGISTER - COUNCIL INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 10/11Page: 08/19/2022 12:57 PM User: mung DB: Corcoran EXP CHECK RUN DATES 08/12/2022 - 08/25/2022 JOURNALIZED PAID - CHECK TYPE: PAPER CHECK Check AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 32666 3266626.59 08/25/227908034969700 CTY RD 19 STREET LIGHTXCEL ENERGY08/04/22100-43100-50381 26.59 Total For Check 32666 Check 32667 32667158.68 08/25/22790527635STREET LIGHTSXCEL ENERGY08/03/22100-43100-50381 158.68 Total For Check 32667 Check 32668 32668194.34 08/25/229007669090BLACK BAGSZEP SALES & SERVICE07/29/22100-41900-50210 194.34 Total For Check 32668 Check 32669 32669123.50 08/25/220001337913H.S.A. MAINTENANCE FEEOPTUM07/15/22100-41900-50300 123.50 Total For Check 32669 Check 32670 326701,105.98 08/25/2208_20222022 ICMA MEMBERSHIPICMA08/16/22100-41320-50433 1,105.98 Total For Check 32670 CHECK REGISTER - COUNCIL INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 11/11Page: 08/19/2022 12:57 PM User: mung DB: Corcoran EXP CHECK RUN DATES 08/12/2022 - 08/25/2022 JOURNALIZED PAID - CHECK TYPE: PAPER CHECK Check AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number 348,734.83 Fund 100 GENERAL FUND 498.15 Fund 201 RESERVES DONATION FUND 10,462.32 Fund 202 POLICE DONATION FUND 35,793.38 Fund 408 PAVEMENT MANAGEMENT 148,883.15 Fund 601 WATER 11,986.10 Fund 602 SEWER Fund Totals: 556,357.93 Total For All Funds: STAFF REPORT Agenda Item: 7c . Council Meeting: August 25, 2022 Prepared By: Jessica Beise Topic: Interim Ordinance - Prohibiting the Sale of Edible Cannabinoid Products Action Required: Approval Summary: In the most recent legislative session, a bill legalized certain amounts of THC for consumption. Staff and our legal counsel believe that the legislation does not provide reasonable regulatory oversight. Communities throughout the state are discussing options for regulating consumption of these products . S everal communities have implemented a moratorium on the sale of Cannabinoid Products. Other cities are implementing regulations related to this or outright prohibiting the sale of these products. On August 11, 2022, the Council directed staff to draft an interim ordinance. The City Attorney drafted an interim ordinance to study of the issues related to the sales of edible cannabinoid products and bring back recommendations as to whether amendments should be made to the City’s zoning, licensing, or general code provisions in order to protect the citizens of Corcoran. Financial/Budget: Depending on the regulations established, there may be budget implications. Recommendation: Adopt Ordinance 2022-463 An Interim Ordinance Prohibiting the Sale of Edible Cannabinoid Products within the City Limits of the City of Corcoran and adopt Summary Ordinance 2022-464. Council Action: Consider a motion to adopt Ordinance 2022-463 An Interim Ordinance Prohibiting the Sale of Edible Cannabinoid Products w ithin the City Limits of the City of Corcoran and adopt Summary Ordinance 2022-464. Attachments: None City of Corcoran August 25, 2022 County of Hennepin State of Minnesota ORDINANCE NO. 2022-463 Page 1 of 2 Motion By: Seconded By: AN INTERIM ORDINANCE PROHIBITING THE SALE OF EDIBLE CANNABINOID PRODUCTS WITHIN THE CITY LIMITS OF THE CITY OF CORCORAN THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, ORDAINS: Section 1. Purpose and Authority. The Minnesota State Legislature recently adopted revisions to Minnesota Statutes §151.72, making the sale of certain edible cannabinoid products legal in Minnesota. The changes to this law became effective July 1, 2022. The City of Corcoran City Council desires to exercise its authority pursuant to Minnesota Statutes §462.355, subd. 4 and adopt this Interim Ordinance for a period of one year to allow the City to study the impacts of the new legislation and determine appropriate measures, if any, to regulate the sale of edible cannabinoid products, as defined in Minnesota Statutes §151.72, in order to protect the City’s planning process and the public health and saf ety of Corcoran citizens. Section 2. A Moratorium on the Sale of Edible Cannabinoid Products within the City of Corcoran. The Corcoran City Council hereby declares a moratorium, under the authority of Minn. Stat. §462.355, subd. 4, prohibiting the sale of edible cannabinoid products, as defined by Minnesota Statutes §151.72, within the city limits of the City of Corcoran. During the effective period of this Interim Ordinance, no business, person, or entity may sell or offer for sale any edible cannabinoid product, nor direct another to sell or offer for sale any edible cannabinoid product, within the City of Corcoran. This moratorium shall not apply to the sale of those products which were lawful to sell immediately prior to the amendment to Minnesota Statutes §151.72, which became effective on July 1, 2022. The moratorium created under this section shall be for one year from the effective date of this Interim Ordinance unless earlier removed by City Council action. Section 3. Study. The Corcoran City Council hereby authorizes and directs City staff to commence and conduct a study of the issues related to the sales of edible cannabinoid products and bring back recommendations as to whether amendments should be made to the City’s zoning, licensing, or general code provisions in order to better protect the citizens of Corcoran. Section 4. Enforcement. A violation of this Interim Ordinance shall be a misdemeanor. Further, the City may enforce this Interim Ordinance by injunction or via any other appropriate legal or equitable remedy. Section 5. Effective Date. This Interim Ordinance shall be effective upon adoption and publication according to law. City of Corcoran August 25, 2022 County of Hennepin State of Minnesota ORDINANCE NO. 2022-463 Page 2 of 2 Adopted by City Council on the 25th day of August, 2022. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 25th day of August 2022. ________________________________ Tom McKee – Mayor ATTEST: ___________________________________ Jessica Beise – City Administrator City Seal City of Corcoran August 25, 2022 County of Hennepin State of Minnesota ORDINANCE NO. 2022-464 Page 1 of 1 Motion By: Seconded By: SUMMARY OF ORDINANCE NO. 2022-463 AN INTERIM ORDINANCE PROHIBITING THE SALE OF EDIBLE CANNABINOID PRODUCTS WITHIN THE CITY LIMITS OF THE CITY OF CORCORAN Ordinance 2022-463 issues a moratorium on the sale of edible cannabinoid products in the City of Corcoran pending the study of issues related to the sale of edible cannabinoid products. The study will provide recommendations as to whether amendments should be made to the City’s zoning, licensing, or general code provisions in order to better p rotect the citizens of Corcoran as it relates to the sale of cannabinoid products. A printed copy of the complete ordinance is available for inspection by any person at City Hall during the City Clerk’s regular office hours. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehrenkamp, Dean Whereupon, said Ordinance is hereby declared adopted on this 25th day of August 2022. ________________________________ Tom McKee - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Administrator City of Corcoran August 25, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-99 Page 1 of 1 Motion By: Seconded By: A RESOLUTION APPROVING CANCELLATION OF SPECIAL ASSSESSMENTS WHEREAS, Corcoran levied for the Corcoran Trail East/West Street Improvements Project, Levy No. 21194; and WHEREAS, 7815 and 7795 Corcoran Trail West was special assessed as part of the levy sent to the County; and WHEREAS, Resolution 2021-119 excluded these properties until development occurred, which “development” is designated as the time upon issuance of a building permit for construction of a structure designed for human occupancy on an Undeveloped Property. NOW, THEREFORE, the Corcoran City Council approves the cancellation of levied special assessments against property originally identified as 23-119-23-33-0015 (7795 Corcoran Trail West) and 23-119-23-33-0016 (7815 Corcoran Trail West). 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 25th day of August, 2022. ________________________________ Tom McKee – Mayor ATTEST: __________________________________________ City Seal Jessica Beise – City Administrator Agenda Item: 7d. Management’s Discussion and Analysis As management of the City of Corcoran, Minnesota (the City), we offer readers of the City’s financial statements this narrative overview and analysis of the financial activities of the City for the fiscal year ended December 31, 2021. Financial Highlights page • The assets and deferred outflows of resources of the City exceeded its liabilities and deferred inflows of resources at the close of the most recent fiscal year by $28,481,921 (net position). Of this amount, $9,108,254 (unrestricted net position) may be used to meet the City’s ongoing ob igations to citizens and creditors. • The City’s total net position increased by $6,686,375. Governmental activities increased by $5,372,711 and business-type activities increased by $1,313,664. The increase in governmental activities can mainly be attributed to an increase in developer contributions, park dedication fees, and building and review fees. • As of the close of the current fiscal year, the City’s governmental funds reported combined ending fund balances of $7,290,087, a decrease of $4,599,887 in comparison with the prior year mainly due to the refunding bond payment made on the series 2012B bond. • At the end of the current fiscal year, unassigned fund balance for the General fund was $3,162,050 or 50.0 percent of total General fund expenditures and transfer out. • The City’s total long-term liabilities decreased $4,200,893 during the current fiscal year primarily as a result of the refunding bond payment made on the 2012B bond. Figure 2 summarizes the major features of the City’s financial statements, including the portion of the City government they cover and the types of information they contain. The remainder of this overview section of management’s discussion and analysis explains the structure and contents of each of the statements. Figure 2 Major Features of the Government-wide and Fund Financial Statements Fund Financial Statements Government-wide Statements Governmental Funds Proprietary Funds Scope Entire City government (except fiduciary funds) and the City’s component units The activities of the City that are not proprietary or fiduciary, such as police, fire and parks Activities the City operates similar to private businesses, such as the water and sewer system Required financial statements • Statement of Net Position • Statement of Activities • Balance Sheet • Statement of Revenues, Expenditures, and Changes in Fund Balances • Statement of Net Position • Statement of Revenues, Expenses and Changes in Net Position • Statement of Cash Flows Accounting basis and measurement focus Accrual accounting and economic resources focus Modified accrual accounting and current financial resources focus Accrual accounting and economic resources focus Type of asset/liabi ity information All assets and liabi ities, both financial and capital, and short-term and long-term Only assets expected to be used up and liabilities that come due during the year or soon thereafter; no capital assets included All assets and iabilities, both financial and capital, and short- term and long-term Type of deferred outflows/inflows of resources information All deferred outflows/inflows of resources, regardless of when cash is received or paid Only deferred outflows of resources expected to be used up and deferred inflows of resources that come due during the year or soon thereafter; no capital assets included. All deferred outflows/inflows of resources, regardless of when cash is received or paid. Type of in flow/out flow information All revenues and expenses during year, regardless of when cash is received or paid Revenues for which cash is received during or soon after the end of the year; expenditures when goods or services have been received and payment is due during the year or soon thereafter All revenues and expenses during the year, regardless of when cash is received or paid Government-wide Financial Statements. The government-wide financial statements are designed to provide readers with a broad overview of the City’s finances, in a manner similar to a private-sector business. The statement of net position presents information on all of the City’s assets and deferred outflows of resources, and liabi ities and deferred inflows of resources, with the difference reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the City is improving or deteriorating. The statement of activities presents information showing how the City’s net position changed during the most recent fiscal year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows . Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g., uncollected taxes and earned but unused vacation leave). Both of the government-wide financial statements distinguish functions of the City that are principally supported by taxes and intergovernmental revenue (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business-type activities). The governmental activities of the City include general government, pub ic safe ty, public works, culture and recreation, and interest on long -term debt. The business-type activities of the City include water and sewer utilities. The government-wide financial statements include not only the City itself (known as the primary government), but also a legally separate Economic Development Authority for which the City is financially accountable. The Economic Development Authority, although legally separate, functions for all practical purposes as a department of the City, and therefore has been included as part of the primary government. The government-wide financial statements start on page 31 of this report. Fund Financial Statements. A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. All of the funds of the City can be divided into three categories: governmental funds, proprietary funds, and fiduciary funds. Governmental Funds. Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near-term inflows and outflows of spendable resources , as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government’s near-term financing requirements. Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long -term impact by the government’s near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. The City maintains numerous individual governmental funds. Information is presented separately in the governmental fund balance sheet and in the governmental fund statement of revenues, expenditures and changes in fund balances for the General fund, Debt Service fund, Park Capital fund and the Gleason/66th Parkway fund, which are considered to be major funds. Data from the other governmental funds are combined into a single, aggregated presentation identified as other nonmajor governmental funds. Individual fund data for each of these nonmajor governmental funds is provided in the form of combining statements or schedules elsewhere in this report. The City adopts an annual appropriated budget f or its General fund. A budgetary comparison statement has been provided for the General fund to demonstrate comp iance with this budget. The basic governmental fund financial statements start on page 36 of this report. Proprietary Funds. The City maintains one type of proprietary funds. Enterprise funds are used to report the same functions presented as business-type activities in the government-wide financial statements. The City uses enterprise funds to account for its Water and Sewer funds. Proprietary funds provide the same type of information as the government -wide financial statements, only in more detail. The proprietary funds financial statements provide separate information for each of the enterprise funds which are considered to be major funds of the City. The basic proprietary funds financial statements start on page 44 of this report. Notes to the Financial Statements. The notes provide additional information that is essential to a full understanding of the data provided in the government -wide and fund financial statements. The notes to the financial statements start on page 47 of this report. Required Supplementary Information. This report also presents certain required supplementary information concerning the progress in funding its obligation to provide pension and other postemployment benefits to its employees. Required supplementary information can be found starting on page 76 of this report. Other Information. The combining statements referred to earlier in connection with nonmajor governmental funds are presented following the notes to the financial statements. The combining and individual fund statements and schedules are presented immediately following the r equired supplementary information starting on page 84 of this report. Government-wide Financial Analysis As noted earlier, net position may serve over time as a useful indicator of a go vernment’s financial position. In the case of the City, assets and deferred outflows exceeded liabilities and deferred inflows by $28,481,921 at the close of the most recent fiscal year. The largest portion of the City’s net position (53.8 percent) reflects its investment in capital assets (e.g., land, buildings, infrastructure, machinery and equipment), less any related debt used to acquire those ass ets that is still outstanding. The City uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending. Although the City’s investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves c annot be used to liquidate these liabilities. City of Corcoran’s Summary of Net Position Increase Increase 2021 2020 (Decrease)2021 2020 (Decrease)2020 Total Assets Current and other assets 13,208,070$ 14,123,038$ (914,968)$ 5,945,081$ 5,821,628$ 123,453$ 19,153,151$ Capital assets 17,336,721 13,685,102 3,651,619 9,416,998 9,627,065 (210,067) 26,753,719 Total Assets 30,544,791 27,808,140 2,736,651 15,362,079 15,448,693 (86,614) 45,906,870 Deferred Outflows of Resources 1,511,433 906,163 605,270 - - - 1,511,433 Liabilities Noncurrent liabilities outstanding 9,672,687 14,336,466 (4,663,779) 3,859,690 4,047,612 (187,922) 13,532,377 Other liabilities 3,104,533 1,633,801 1,470,732 418,678 1,631,034 (1,212,356) 3,523,211 Total Liabilities 12,777,220 15,970,267 (3,193,047) 4,278,368 5,678,646 (1,400,278) 17,055,588 Deferred Inflows of Resources 1,880,794 718,537 1,162,257 - - - 1,880,794 Net Position Net investment in capital assets 9,498,468 2,044,963 7,453,505 5,827,365 6,272,593 (445,228) 15,325,833 Restricted 4,047,834 7,110,967 (3,063,133) - - - 4,047,834 Unrestricted 3,851,908 2,869,569 982,339 5,256,346 3,497,454 1,758,892 9,108,254 Total Net Position 17,398,210$ 12,025,499$ 5,372,711$ 11,083,711$ 9,770,047$ 1,313,664$ 28,481,921$ Governmental Activities Business-type Activities An additional portion of the City’s net position (14.2 percent) represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net position ($9,108,254) may be used to meet the City’s ongoing obligations to citizens and creditors. Governmental and Business-type Activities. Governmental activities increased the City’s net position by $5,372,711 and business-type activities increased the City’s net position by $1,313,664. Significant changes from prior year are noted below: City of Corcoran’s Changes in Net Position Increase Increase 2021 2020 (Decrease)2021 2020 (Decrease) Revenues Program Revenues Charges for services 2,542,815$ 1,468,704$ 1,074,111$ 892,496$ 518,537$ 373,959$ Operating grants and contributions 2,531,554 865,703 1,665,851 57,160 - 57,160 Capital grants and contributions 2,506,374 109,601 2,396,773 1,589,160 920,716 668,444 General Revenues Property taxes 5,086,505 4,650,838 435,667 - - - Other taxes 56,691 50,059 6,632 - - - Grants and contributions not restricted to specific programs 10,679 15,175 (4,496) - - - Unrestricted investment earnings 1,237 59,504 (58,267) 2,738 32,345 (29,607) Gain on sale of capital assets 104,940 20,400 84,540 - - - Total Revenues 12,840,795 7,239,984 5,600,811 2,541,554 1,471,598 1,069,956 Expenses General government 1,645,285 1,586,110 59,175 - - - Public safety 2,820,935 2,700,736 120,199 - - - Public works 2,793,997 1,966,605 827,392 - - - Culture and recreation 339,603 367,006 (27,403) - - - Interest on long-term debt 137,428 274,096 (136,668) - - - Water - - - 560,381 571,568 (11,187) Sewer - - - 398,345 328,844 69,501 Total Expenses 7,737,248 6,894,553 842,695 958,726 900,412 58,314 Change in Net Position Before Transfers 5,103,547 345,431 4,758,116 1,582,828 571,186 1,011,642 Transfers 269,164 283,952 (14,788) (269,164) (283,952) 14,788 Transfer of Capital Assets - - - - - - Change in Net Position 5,372,711 629,383 4,743,328 1,313,664 287,234 1,026,430 Net Position, January 1, as restated 12,025,499 11,396,116 629,383 9,770,047 9,482,813 287,234 Net Position, December 31 17,398,210$ 12,025,499$ 5,372,711$ 11,083,711$ 9,770,047$ 1,313,664$ Governmental Activities Business-type Activities Property taxes represent 39.61 percent of total revenues in 2021 in governmental activities. Significant revenues items included: • Capital grants and contributions increased $2,396,773 from prior year. During the year, the City received $2.2 million in developer contributions, therefore increasing capital grants and contributions revenue significantly. • Operating grants and contributions increased $1,665,851 in 2021 as a result of intergovernmental grants. Financial Analysis of the City’s Funds As noted earlier, the City uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. Governmental Funds. The focus of the City’s governmental funds is to provide information on near-term inflows, outflows and balances of spendable resources. Such information is useful in assessing the City’s financing requirements. In particular, unreserved fund balance may serve as a useful measure of a government’s net resources available for spending at the end of the fiscal year. As of the end of the current fiscal year, the City’s governmental funds reported combined ending fund balances of $7,290,087, a decrease of $4,599,887 in comparison with the prior year. Approximately 29.5 percent of this total amount ($2,148,741) constitutes unassigned fund balance, which is available for spending at the City’s discretion. The remainder of fund balance ($5,141,346) is not available for new spending because it is either 1) nonspendable ($24,813), 2) restricted ($3,710,555), 3) committed ($75,079), or 4) assigned ($1,330,899). For further classification refer to Note 3E on page 61 of this report. Increase Major Funds 2021 2020 (Decrease) General 3,591,265$ 2,921,480$ 669,785$ Debt Service 56,570$ 3,554,789$ (3,498,219)$ Park Capital 1,646,294$ 838,948$ 807,346$ Gleason/66th Parkway 656,925$ 967,764$ (310,839)$ The Park Capital fund balance increased $807,346 during the year. The increase is mainly attributable to an increase in charges for services, such as park dedication fees. Fund Balance December 31, The General fund balance increased $669,785 during the year. The increase can mainly be attributed to an increase in property tax revenue as well as building and review fees. The Debt Service fund has a total fund balance of $56,570, all of which is restricted for payment of future debt service. The fund balance decreased $3,498,219 from 2020 mainly due to schedule principal payments as well as payments on refunding of bonds. The Gleason/66th Parkway fund balance decreased $310,839 during the year. The decrease is mainly attributed to capital projects related to pub ic works. General Fund Budgetary Highlights The City’s General fund was not amended during the year. Revenues were over budget by $753,878. The largest positive variances was licenses and permits which had a positive budget variance of $652,873. Expenditures were over budget by $319,093 primarily due to the negative budget variance in public safety $256,310. The variances can both be attributed to increased building activity in the City along with conservative budgeting related to growth. Capital Asset and Debt Administration Capital Assets. The City’s investment in capital assets for its governmental type activities and business-type activities as of December 31, 2021, amounts to $26,753,719 (net of accumulated depreciation). This investment in capital assets includes land, buildings, infrastructure, machinery and equipment, park facilities, roads, and highways. The City’s investment in capital assets for the current fiscal year increased 14.8 percent. Major capital events during the current fiscal year included the following: • Public Works Vehicles and Equipment • Public Works Mason Properties Land Purchase • Public Safety Vehicles and Equipment • Corcoran Trails East / West • 66th Avenue/Gleason Parkway Improvements • CSAH 101 Improvement Project • City Hall and Police Department Remodel • Water Well Land Purchase City of Corcoran’s Capital Assets (Net of Depreciation) Increase Increase 2021 2020 (Decrease)2021 2020 (Decrease) Land 3,321,427$ 2,870,956$ 450,471$ 492,784$ 361,762$ 131,022$ Construction in Progress 3,628,916 622,905 3,006,011 - 1,083,200 (1,083,200) Buildings 3,643,962 3,849,406 (205,444) - - - Equipment 1,789,218 1,540,702 248,516 50,007 53,853 (3,846) Infrastructure 4,953,198 4,801,133 152,065 8,874,207 8,128,250 745,957 Total 17,336,721$ 13,685,102$ 3,651,619$ 9,416,998$ 9,627,065$ (210,067)$ Governmental Activities Business-type Activities Additional information on the City’s capital assets can be found in Note 3 B starting on page 58 of this report. Long-term Debt. At the end of the current fiscal year, the City had total bonded debt outstanding of $11,697,943, which is made up of general obligation improvement bonds and general obligation revenue bonds. City of Corcoran’s Outstanding Debt Increase Increase 2021 2020 (Decrease)2021 2020 (Decrease) G.O. Bonds 7,655,000$ 11,650,000$ (3,995,000)$ -$ -$ -$ Revenue Bonds - - - 3,505,000 3,645,000 (140,000) Unamortized Premium on Bonds 183,253 201,224 (17,971) 84,633 93,454 (8,821) Notes Payable - - - 270,057 309,158 (39,101) Total 7,838,253$ 11,851,224$ (4,012,971)$ 3,859,690$ 4,047,612$ (187,922)$ Governmental Activities Business-type Activities The City’s total debt decreased $4,200,893 during the current fiscal year primarily as a result of the refunding payment on the 2012B bond. Additional information on the City’s long -term debt can be found in Note 3D starting on page 60 of this report. STAFF REPORT Agenda Item: 7f. Council Meeting: August 25, 2022 Prepared By: Jessica Beise Topic: St. Therese - Temporary Construction Easement Agreement Action Required: Approval Summary: On June 23, 2022 staff provided an update to Counci l on a temporary construction easement agreement as outlined in the purchase agreement of the City land for the St. Therese project. Staff has worked with the City attorney to finalize t he easement agreement. Recommendation: Authorize the Mayor and City Administrator to execute the Temporary Construction Easement Agreement . Council Action: Consider a motion Authorize the Mayor and City Administrator to execute the Temporary Construction Easeme nt Agreement. Attachments: 1. Temporary Construction Easeme nt Agreement 2598208.v6 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (“Agreement”) shall be effective as of August ____, 2022 (the “Effective Date”), and is made by and between CITY OF CORCORAN, a Minnesota municipal corporation (“Grantor”) and SAINT THERESE OF CORCORAN, LLC, a Minnesota limited liability company (“Grantee”). WHEREAS, Grantor is the fee title owner of certain real property located in the City of Corcoran, Minnesota and legally described as Lot 1, Block 2 and Outlot A, Town Center Addition, Hennepin County, Minnesota (“Grantor’s Property”); WHEREAS, Grantee is the fee title owner of certain real property located in the City of Corcoran, Minnesota and legally described as Lot 1, Block 1, Town Center Addition, Hennepin County, Minnesota (“Grantee’s Property”); WHEREAS, Grantee intends to develop Grantee’s Property and construct thereon a senior living campus consisting of 99 independent living apartments, 34 assisted living apartments, 17 memory care apartments, 54 skilled nursing beds, common areas and other facilities and amenities in connection therewith (the “Project”); WHEREAS, in connection with the Project, Grantor and Grantee have entered into that certain Development Contract dated July 7, 2022 (the “Development Contract”), whereby Grantee has agreed to construct certain public improvements (“Public Improvements”) on the property platted as Town Center Addition, Hennepin County, Minnesota; WHEREAS, Grantee desires a non-exclusive, temporary construction easement under, over, across, through and upon that portion of the Grantor’s Property that is described and depicted on Exhibit A attached hereto (the “Temporary Construction Easement Area”) for purposes of constructing the Project and the Public Improvements and all other purposes reasonably necessary, ancillary, incident or directly related thereto including, without limitation, staging of vehicles and construction materials subject to the requirements and limitations set forth in the attached Exhibit B (the “Work”); and WHEREAS, Grantor wishes to grant a temporary construction easement to Grantee until such time as the Work is substantially completed, after which this Agreement will terminate. 2598208.v6 NOW THEREFORE, in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree upon the following: 1. Easement. Grantor hereby grants and conveys to Grantee a non-exclusive temporary easement for completion of the Work, as defined in this Agreement and subject to the requirements and limitations in Exhibit B, under, over, across, through and upon the Temporary Construction Easement Area. 2. Term. This Agreement shall commence on the Effective Date and shall automatically terminate upon substantial completion of the Work, as mutually determined by Grantor and Grantee, but in no event later than December 31, 2024. 3. Restoration. Upon substantial completion of the Work and in no event later than December 31, 2024. Grantee, its employees, contractors, suppliers, and/or agents shall restore the Temporary Construction Easement Area and any other portion of Grantor’s Property used by Grantee to its preexisting condition, unless a different restoration agreement mutually agreed to in writing by the parties hereto. 4. Grantee to Maintain Useable Construction Access. As a part of Grantee’s use of the Temporary Construction Easement Area, it is contemplated that certain grading and/or surface improvement/maintenance work will be necessary in order to establish and maintain useable construction access for completion of the Work. All such access establishment and improvement/maintenance work and all costs of the same shall be the sole responsibility of Grantee. Nothing in this Agreement shall be interpreted to bind Grantor to make or keep the Temporary Construction Easement Area useable for Grantee’s purposes. 5. Use and Enjoyment. Grantor reserves the right to the full use and enjoyment of Grantor’s Property, subject to the terms and conditions hereof. Grantor and Grantor’s employees, agents, and invitees shall, at all times during the term hereof, have access from Grantor’s Property to the Temporary Construction Easement Area and Grantee shall not prohibit ingress or egress from Grantor’s Property because of construction or for any other reason. 6. Indemnification. Grantee agrees to indemnify and hold Grantor harmless from and against any damage, liability or cost (including but not limited to reasonable attorneys’ fees and court costs) incurred by Grantor arising from any injury to any person or property occurring on or about the Temporary Construction Easement Area arising from Grantee’s use or its employees’, agents’, representatives’ or contractors’ use of the Temporary Construction Easement Area. The provisions of this indemnification shall survive the termination of this Agreement. 7. Attorneys’ Fees. Grantee shall be responsible for any reasonable attorneys’ fees if legal action is necessary to terminate this Agreement or as a result of Grantee’s breach of the terms or conditions of this Agreement. 8. Notices. All notices required or permitted to be given under this Agreement must be in 2598208.v6 writing and shall be deemed to have been properly given if and when delivered in person or by reputable overnight courier or three (3) business days after having been deposited in any U.S. Postal Service and sent by registered or certified mail, postage prepaid, addressed as follows (or sent to such other address as any party shall specify to the other party upon at least ten (10) days’ prior written notice): Grantor: City of Corcoran c/o Corcoran City Hall 8200 County Road 116 Corcoran, Minnesota 55340 ATTN: City Administrator With a copy to: Carson, Clelland & Schreder 6300 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 ATTN: John J. Thames, Esq. Grantee: Saint Therese of Corcoran, LLC 1660 Highway 100, Suite 103 St. Louis Park, Minnesota 55416 ATTN: Calvin Shelangoski, CFO With a copy to: Messerli & Kramer, P.A. 100 South Fifth Street, Suite 1400 Minneapolis, Minnesota 55402 ATTN: Paul W. Anderson, Esq. 9. Compliance With Laws. Grantee will comply with all applicable laws and regulations in connection with the use of this Temporary Construction Easement. 10. Governing Law. This Agreement shall be governed and interpreted under the laws of the State of Minnesota. Venue for any litigation shall be in Hennepin County, Minnesota. 11. Counterparts. This Agreement may be signed in two or more counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same. 12. No Waiver. Neither party shall be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by the waiving party. 13. Binding Effect. This Agreement binds and inures to the benefit of the parties and their respective successors, and assigns for the term of the Agreement. 14. Authority. Each of the signatories hereto expressly warrants that he/she is duly authorized to sign this Agreement for the principal and to bind the principal. 15. Complete Agreement. This document sets forth the entire agreement and understanding between the parties and there are no oral agreements, understandings or assumptions which 2598208.v6 have not been made part of this Agreement. Any future changes or amendments to this Agreement shall be in writing and signed by the respective parties before such changes or amendments will be enforceable. [Signature pages to follow] 2598208.v6 [Signature Page to Temporary Construction Easement Agreement] IN TESTIMONY WHEREOF, the undersigned has caused this Agreement to be executed as of the Effective Date. GRANTOR: CITY OF CORCORAN, a Minnesota municipal corporation By: ___________________________ Tom McKee, Mayor By: Jessica Beise, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of August, 2022, by Tom McKee and Jessica Beise, the Mayor and City Administrator, respectively, of the City of Corcoran, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public 2598208.v6 [Signature Page to Temporary Construction Easement Agreement] IN TESTIMONY WHEREOF, the undersigned has caused this Agreement to be executed as of the Effective Date. GRANTEE: SAINT THERESE OF CORCORAN, LLC, a Minnesota limited liability company By: ___________________________ Craig Abbott President and Chief Executive Officer STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of August, 2022, by Craig Abbott, the President and Chief Executive Officer of Saint Therese of Corcoran, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public DRAFTED BY: MESSERLI & KRAMER P.A. Paul W. Anderson, Esq. 100 South Fifth Street, Suite 1400 Minneapolis, Minnesota 55402 Phone: (612) 672-3600 2598208.v6 EXHIBIT A Temporary Construction Easement Area (see attached) 2598208.v6 EXHIBIT B Requirements of and Limitations to Grantee’s Use of the Temporary Construction Easement Area (Such Qualified Use the “Work”) • Grantee shall use the Temporary Construction Easement Area only for the purposes set forth in this Agreement and subject to all requirements and limitations set forth within this Exhibit B. • Grantor shall not incur any costs due to Grantee’s use of the Temporary Construction Easement Area, and Grantee shall restore the Temporary Construction Easement Area pursuant to Section 3 of this Agreement. • Grantee may use the Temporary Construction Easement Area for stockpiling and storage of material and equipment to be used in the construction of the onsite facilities and infrastructure, but storage of materials shall not exceed 15’ in height without prior written authorization from the City. • Grantee may use the Temporary Construction Easement Area for staging and storage of temporary storage trailers and parking, provided such use does not obstruct or unreasonably hinder the City’s use of the same. • Grantee may use the Temporary Construction Easement Area to establish, maintain, and utilize temporary access roads to the Grantee’s Property at Grantee’s sole cost. Developer shall be responsible for obtaining all Hennepin County Approvals for temporary access locations. • Grantee shall be responsible for the installation and removal of all temporary storage facilities. • No maintenance of any vehicles will be allowed within the Temporary Construction Easement Area. • No storage of chemicals will be allowed within the Temporary Construction Easement Area. • No vehicle fueling will be allowed within the Temporary Construction Easement Area. • No construction job trailers will be allowed within the Temporary Construction Easement Area. • During the term of this Agreement, Grantor intends to use portions of the Temporary Construction Easement Area for the construction of certain improvements including, without limitation, turn lanes and bio-filtration ditches. Grantor and Grantee agree that Grantor’s right to use the Temporary Construction Easement Area shall be superior to the rights granted to Grantee by this Agreement and Grantee shall not obstruct or unreasonably hinder Grantor’s use of the Temporary Construction Easement Area. Grantor and Grantee shall work together, in good faith, to avoid unreasonably interference to the construction activities of each party to this Agreement. STAFF REPORT Agenda Item: 7g. Council Meeting: August 25, 2022 Prepared By: Kevin Mattson Topic: Joint Powers Agreement - Brockton Lane North Action Required: Approval Summary: As part of the Cook Lake Highlands development, the developer coordinated improvements with the City of Maple Grove related to street construction access and stormwater management. These additional items were incorporated into the Development Contract and other associated development agreements. The cities of Corcoran and Maple Grove have an existing Joint Powers Agre ement (JPA) for Brockton Lane South (south of County R oad 10) which is common for shared streets to address both maintena nce and replacement costs. The agreement has been reviewed and recommended for appr oval by the city attorney. The Maple Grove City Council has also approved the agreement. Financial/Budget: The costs for the work are covered by escrow from the Cook Lake Highlands development or described in the required development agreements. Routine maintenance and replacement costs are consistent with city policy and the previously Brockton Lane South JPA once the city has accepted the street from the developer. Options: 1. Approve the Joint Powers Agreement for Brockton Lane North contingent upon execution and recording of all associated Cook Lake Highlands development documents. 2. Conditionally approve the Joint Powers Agreement for Brockton Lane North with identified changes. 3. Decline. Recommendation: Staff recommends approving the Joint Powers Agreement for Brockton Lane North contingent upon execution and recording of all associated Cook Lake Highlands development documents. Council Action: Consider a motion to approve the Joint Powers Agreement for Brockton Lane North contingent upon execution and recording of all associated Cook Lake Highlands development documents. Page 2 Attachments: 1. Joint Powers Agreement for Brockton Lane North 1 JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT (the “Agreement”) is made on ______________, 2022 (the “Effective Date”) by and between the City of Maple Grove, a Minnesota municipal corporation (“Maple Grove”), and the City of Corcoran, a Minnesota municipal corporation (“Corcoran”); Maple Grove and Corcoran are sometimes referred to individually as a “Member” or collectively as “Members”. WHEREAS, a portion of the future Brockton Lane north of Bass Lake Road for a distance of approximately 300 feet (or at the future intersection of a connecting Maple Grove street, including the full intersection) is located entirely in Corcoran (“Brockton Lane”) as depicted on attached Exhibit 1; and WHEREAS, there is a desire by the Members to agree on the joint use, improvement, construction and maintenance of Brockton Lane; and WHEREAS, the Members are authorized pursuant to Minn . Stat. §471.59 to enter into agreements providing for the joint and cooperative exercise of powers common to them. NOW, THEREFORE, in consideration of the mutual understandings and agreements hereafter set forth, the Members agree as follows: ARTICLE I Recitals 1.1 Incorporation. The above Recitals are a material part of this Agreement and are incorporated herein. ARTICLE II Purpose and Term 2.1 Purpose. The purpose of this Agreement is to provide for the construction and maintenance responsibilities of Brockton Lane and associated stormwater improvements in accordance with the terms and conditions herein . 2.2 Term. The term of this Agreement shall commence on the Effective Date and continue in perpetuity (“Term”), unless earlier terminated as provided for herein . ARTICLE III Brockton Lane 3.1 Corcoran Land Control. Corcoran has, or will have, sufficient control of Brockton Lane and land adjacent thereto that allows for the improvement to Brockton Lane as contemplated in the Brockton Lane Plans (defined below) consisting of sufficient right-of-way, or easement area. This control is in the form of right-of-way dedicated (or to be dedicated) on a final plat, which is shown on attached Exhibit 1, in conjunction with easement and other property 2 rights to areas outside a dedication on a final plat to construct and maintain roadway and trail improvements. 3.2 Brockton Lane Plans. Corcoran shall cause plans to be prepared for the improvement of Brockton Lane consistent with the design contemplated in the attached Exhibit 2 (“Brockton Lane Plans”). Currently, Metropolitan Council and Corcoran utilities exist within the area to be improved as contemplated by the Brockton Lane Plans and realignment of the utilities is required. Corcoran staff, consultants and agents shall consult and coordinate with Maple Grove staff, consultants and agents throughout the process of preparing the Brockton Lane Plans. Upon completion, Corcoran shall submit the Brockton Lane Plans to Maple Grove for its review and approval, which approval shall not be unreasonably withheld or delayed. 3.3 Construction. Corcoran shall be the lead agency in causing the construction of the improvements contemplated in the Brockton Lane Plans (“Project”). The cost of the construction shall be paid by the Members as provided for in attached Exhibit 3. While Corcoran will cause application for and approvals of all agencies with interest in and jurisdiction over the Project, Maple Grove shall coordinate and cooperate with Corcoran and agencies with interest in and jurisdiction over the Project, for the purposes of design and obtaining approvals necessary to construct the Project. Following receipt of all necessary a pprovals from governing jurisdictions and preparation of the Brockton Lane Plans, Corcoran shall advertise for and receive bids for the Project in a manner determined appropriate by Corcoran. Corcoran shall cause preparation of all construction contract documents (“Contract Documents”). Upon receipt of the bid tabulations, Corcoran shall exercise its discretion in award ing the contract, but shall reserve the right to reject all bids. Corcoran shall have oversight and final approval on administration of the Contract Documents for the Project and shall use its best efforts to ensure that the Project is completed in a reasonably completed within the timeframes and deadlines within the Contract Documents . Provided, however, that Corcoran shall not be responsible or liable for any delays in construction, Project failure or failure of the Project to meet design or contract standards. 3.4 Maintenance; Regulation. After completion of the Project, Corcoran shall be responsible for the Routine Maintenance of the portions of Brockton Lane which are within the City limits of the City of Corcoran . For purposes of this Agreement, “Routine Maintenance” shall include, but shall not be limited to, snow plowing, st reet sweeping, pot hole patching, crack sealing, seal coating, traffic control signage and pavement marking, repair and cleaning of storm sewers, and boulevard landscape maintenance (including, but not limited to, mowing and tree trimming). In the event the Members agree, which agreement shall not be unreasonably withheld or delayed, that reconstruction or other major maintenance of Brockton Lane is necessary , the Members will share the costs in a manner to be negotiated in good faith prior to commencement of reconstruction or other major maintenance . Any proposed modifications to the regulatory framework of Brockton Lane, including, but not limited to, traffic control, speed limits and parking, shall not be implemented without mutual agreement by the Members, which agreement shall not be unreasonably withheld or delayed. the Members will be jointly responsible for the regulation of Brockton Lane in the same manner as other public rights-of-way within their respective jurisdiction. 3 3.5 Usage. The Members and the general public shall have the right to use Brockton Lane in a manner consistent with any other similar public right-of-way. 3.6 Access. The Members shall be allowed public access to Brockton Lane at locations agreed upon by the Members, which agreement shall not be unreasonably withheld or delayed. Further, private access locations to Brockton Lane shall be at locations agreed upon by the Members, which agreement shall not be unreasonably withheld or delayed. ARTICLE IV Stormwater 4.1 Flow. Maple Grove agrees to receive stormwater flowage from Corcoran in a maximum amount not to exceed 43 cfs in a 10-year storm, all from the specific drainage area as shown on attached Exhibit 4. 4.2 Cost. The cost of conveyance of the stormwater flow, in the form of increased pipe sizes (as shown in Exhibit 4), as well as additional storage and treatment capacity, in the form of increased stormwater pond size, shall be paid by Corcoran as described in Exhibit 3. 4.3 Maintenance. In the event the Members agree, which agreement shall not be unreasonably withheld or delayed, that reconstruction or other major maintenance of the stormwater infrastructure depicted in Exhibit 4 is necessary, the Members will share the costs in a manner to be negotiated in good faith prior to commencement of reconstruction or other major maintenance. ARTICLE V Insurance, Liability and Indemnification 5.1 Insurance. Each Member shall maintain its own insurance covering its minimum tort levels in amounts provided for in Minn. Stat. §§466.02 and 466.04 , as amended. 5.2 No Waiver. Nothing in this Agreement is intended or should be const rued in any manner as a waiver of any Member’s immunities or tort limits contained in Minn . Stat. ch. 466. 5.3 Liability. Pursuant to Minn. Stat. § 471.59, subd. 1a(a), as amended, this Agreement is intended to be and shall be construed as a “cooperative activity” and it is the intent of the Members that they shall be deemed a “single governmental unit ” for the purposes of liability; provided, however, that each Member expressly declines responsibility for the acts or omissions of the other Member. Nothing in this Agreement shall be construed to waive or limit any immunity from, or limitation on, the liability of either Member as provided by law. Under no circumstances shall a Member be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The statutory limits of liability for the Members may not be added together or stacked to increase the maximum amount of liability for any Member . 4 5.4 Indemnification. Subject to the limitations, immunities and defenses in Minn . Stat. ch. 466, each Member shall defend, indemnify and hold harmless the other Member and that Member’s officers, agents and employees from and against any and all liability, loss, damages, costs and expenses which it or its officers, employees or agents may hereafter sustain, incur or be required to pay arising out of or resulting from the performance of this Agre ement, provided that any such claim, damage, loss or expense is caused by any negligent acts or omissions of the indemnifying Member or its employees, agents or any other person or entity for whose actions it may be liable. The obligations contained in th is Section 5.4 shall survive termination or cancellation of this Agreement, but remain subject to the liability limitations of Section 5.3. ARTICLE VI Dispute Resolution 6.1 Dispute Resolution . In the event the Members are unable to reach agreement regarding interpretation of their rights and obligations under this Agreement, the Members shall participate in non-binding mediation pursuant to the Minnesota Civil Mediation Act, as amended (currently codified in Minn. Stat. §572.31-572.40) prior to initiating any other form of dispute resolution, including legal action . The complaining Member shall select a mediator, who shall be a disinterested third party with professional training in alternati ve dispute resolution that is subject to the review and approval of the non -complaining Member, and shall submit a notice of mediation to the non-complaining Member setting forth the name of the mediator and a brief description of the dispute. The place o f mediation shall be at the offices of the complaining Member, unless otherwise mutually agreed upon by the Members. Mediation shall commence within fifteen (15) days after receipt of notice under this Article. The approval of the mediator by the non-complaining Member shall not be unreasonably withheld or delayed. ARTICLE VII Default and Termination 7.1 Events of Default . The following shall constitute events of default of this Agreement (“Events of Default”): Failure to comply with any of the terms and conditions of this Agreement, which failure continues for thirty (30) days after written notice from the non-defaulting Member. 7.2 Remedies Upon Events of Default. Upon the occurrence of any or all of the Events of Default by either Member, the non-defaulting Member may bring legal action to enforce the terms hereof, but the Members shall not be entitled to damages of any kin d, including, but not limited to, attorneys’ fees. Prior to initiating any leg al action, the Members shall attempt, in good faith, to negotiate a settlement or resolution of the Events of Default. If the Members are unable to settle or resolve the Events of Default after attempting to negotiate, 5 the Members shall then participate in non-binding mediation pursu ant to Article VI above prior to initiating a legal action. 7.3 Termination of Agreement. This Agreement shall only be subject to termination upon the following event: 7.3.1 Brockton Lane is designated as a right-of-way type where the Members no longer have jurisdictional control. 7.3.2 The Members may also terminate this Agreement by mutual agreement, in writing. Upon the occurrence of either Sections 7.3.1 or 7.3.2 , the Members shall execute a document that terminates and cancels this Agreement, which approval of said document shall not be unreasonably withheld or delayed. Upon termination and cancellation of this Agreement, the Members shall not have any further obligation hereunder to the other Member s, except as otherwise provided for herein. ARTICLE VIII Miscellaneous 8.1 Waiver of Covenants. Failure by any Member to insist, in any one or more instances, upon strict performance of any term, covenant or condition of this Agreement or to exercise any option contained in this Agreement shall not be construed as a waiver or a relinquishment for the future of such term, covenant, condition or option, but the same shall continue and remain in full force and effect. The Members shall not be deemed to have waived any provision of this Agreement until expressed in a signed writing. 8.2 Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 8.3 Assignment. The Members may not assign their rights or obligations under this Agreement without the prior written consent of each of the other Members, which consent shall not be unreasonably withheld or delayed . 8.4 Binding Agreement. All of the covenants, conditions and agreements in this Agreement shall extend to, be binding upon, and inure to the benefit o f the Members and their respective permitted successors and assigns. Time is of the essence in the Members complying with the terms and obligations herein. 8.5 Survival. If any term or provision in this Agreement is deemed invalid or unenforceable by any recognized tribunal, including a certified mediator, arbitrator or court of competent jurisdiction, the remainder of this Agreement shall be valid and enforceable to the extent permitted by law. 6 8.6 Captions. The captions in this Agreement are for conv enience only and are not part of this Agreement. 8.7 Choice of Law, Venue. This Agreement is declared to be a Minnesota contract and all of its terms shall be construed in accordance with Minnesota law. Any action to enforce rights or obligations under this Agreement shall be brought in Hennepin County. 8.8 Entire Agreement. This Agreement shall constitute the entire agreement among the Members and any prior understandings or representations of any ki nd preceding the execution of this Agreement shall not be binding upon the Members. 8.9 Modification. This Agreement may only be amended or modified by written instrument executed by all Members. 8.10 Attorneys’ Fees. The Members shall each pay their own attorneys’ fees in connection with the preparation and negotiation of this Agreement. 8.11 Acknowledgement. Each of the Members affirm and acknowledge that it has fully read, appreciates, and understands the words, terms, condi tions and provisions of this Agreement and is fully satisfied with the same. Each Member affirms and acknowledges that it has been, or had the opportunity to be represented by legal counsel of its choice. 8.12 Authority. Each Member represents and warrants that it has the power and authority to enter into this Agreement. Each Member further represents and warrants that the person or persons executing this Agreement on its behalf has full and complete legal authority to do so, and thereby binds the Member and, to the extent permitted by this Agreement , its successors and assigns. 8.13 Notices. Any notice or demand, which may or must be given or made by the Members under the terms of this Agreement or any statute or ordinance, shall be in writing and be sent registered or certified mail to the other Member addressed as follows: TO: Maple Grove City Clerk City of Maple Grove 12800 Arbor Lakes Parkway N Maple Grove, MN 55369-7064 TO: Corcoran City Administrator City of Corcoran 8200 County Road 116 Corcoran, MN 55340 Each Member may designate a different addressee at any time by giving written notice to the other Members as provided in this paragraph. Any notice delivered by hand shall be deemed received upon actual delivery. 7 IN WITNESS WHEREOF, the parties herein have executed this Agreement on the date indicated below. Dated:__________________________ CITY OF MAPLE GROVE, a Minnesota municipal corporation By:________________________________ Mayor And: ______________________________ City Clerk Dated:__________________________ CITY OF CORCORAN, a Minnesota municipal corporation By:________________________________ Mayor And: ______________________________ City Administrator 8 EXHIBIT 1 BROCKTON LANE 9 10 EXHIBIT 2 BROCKTON LANE PLANS 11 12 EXHIBIT 3 COST OBLIGATIONS FOR CONTEMPLATED IMPROVEMENTS Corcoran Maple Grove Brockton Lane1 $285,000 Maple Grove Storm Pond Oversizing 2 $97,280 Maple Grove Storm Pipe Oversizing 2 $37,890 Notes: (1) To be paid to City of Corcoran (2) To be paid to City of Maple Grove 14 28,952 SF * $3.36/SF = $97,280 POND OVERSIZE CALCULATIONS (from Edgewater Cook Lake Feasibility Report dated June 21, 2021) STAFF REPORT Agenda Item: 7h. Council Meeting: August 25, 2022 Prepared By: Kevin Mattson Topic: Cook Lake Highlands – Metropolitan Council Agreements Action Required: Approval Summary: As part of the Cook Lake Highlands development, the developer coordinated improvements with the Metropolit an C ouncil related to street construction and access. These additional items were incorporated into the D evelopment C ontract and other associated development agreements. Attached are the draft agreements for review and consideration. • Encroachment Agreement betwe en Corcoran, Metropolitan C ouncil, and Developer. • Cooperative Construction Agreement between Corcoran and Metropolitan Council. The draft agreements have been reviewed and are recommended for ap pr oval by the city attorney contingent upon execution and recording of all associated Cook Lake Highlands development documents. Minor changes to the documents will be approved administratively as necessary otherwise substantiative changes will be brought back to City Council for further consideration. Financial/Budget: The costs for the work are covered by escrow from the Cook Lake Highlands development or described in the required development agreements. Any long-term costs related to these agreements are consistent with city practice and policy. Options: 1. Approve the Encroachment Agreement and Cooperative Construction Agreement contingent upon execution and recording of all associated Cook Lake Highlands development documents. 2. Conditionally approve the Encroachment Agreement and Cooperative Construction Agreement with identified changes. 3. Decline. Page 2 Recommendation: Staff recommends approving the Encroachment Agreement and Cooperative Construction Agreement contingent upon execution and recording of all associated Cook Lake Highlands development documents. Council Action: Consider a motion to approve the Encro achment Agreement and Cooperative Construction Agreement contingent upon execution and recording of all associated Cook Lake Highlands development documents. Attachments: 1. Draft Encroachment Agreement 2. Draft Cooperative Construction Agreement PROPERTY LOCATION Encroachment Number 22-XXX [last two digits of the year of execution-successive numbering; restart each year] City of Corcoran, Hennepin County ENCROACHMENT AGREEMENT This Encroachment Agreement (this “Agreement”) is made this ______ day of June, 2022 between the City of Corcoran, a Minnesota municipal corporation (the “City”) and the Metropolitan Council a public corporation and political subdivision of the State of Minnesota (the “Council”) and JB Limited, LLC a Minnesota limited liability company (“Owner”). The City, the Council and Owner are sometimes referred to collectively herein as the “parties” or each a “party”. RECITALS A. Owner, is the fee owner of the real property described on the attached Exhibit A (the “Property”). B. Owner will be developing the Property. C. The Council, the address of which is 390 North Robert Street, St. Paul, Minnesota 55101, holds a permanent easement over property in Hennepin County, evidenced by document number A010027481 recorded November 13, 2013 , which includes a permanent, non-exclusive right for sanitary sewer pipes and a non- exclusive right of ingress and egress to access the Council’s Lift Station L80 (Original Council Easement). D. The Council and Owner subsequently amended in the Council Easement in Amendment No. 1 to Easement and Amendment No. 2 to Temporary Access Easement Agreement, dated , which releases a portion of the Council Easement (Amended Council Easement and collectively the Original Council Easement and Amended Council Easement are the Council Easement ). E. The City approved the final plat for the “Cook Lake Highlands” at 19220 County Road 10 (PID 25-119-23-14-0003) (Resolution 2022-23) dated __________, and recorded as on ____________ as Document No. ___________ in the Office of the County Recorder of Hennepin County (“Plat”), which establishes publicly dedicated right of way referred to as Brockton Lane and also 73rd Avenue (collectively “Brockton Lane”) and a public drainage and utility easement (“D&U Easement”) both of which overlap the previously established and subsequently amended Council Easement, described in the attached Exhibit B. F. The City is causing a portion of Brockton Lane, as defined herein, to be designed and constructed and, pursuant to a Cooperative Construction Agreement between the City and Council, dated _________________ (the “CCA”), the City is also constructing turn lane improvements adjacent to County Road 10 to make access to Brockton Lane possible, according to Hennepin County requirements (the “County ROW Improvements”). G. The City has adopted a right of way management ordinance in its Municipal Code, Section 52.01, et seq., (“ROW Management Ordinance”). H. The ROW Management Ordinance, governs the use of public rights of way within the City, including the proposed portion of Brockton Lane. I. The City manages third party colocations within public drainage and utility easements, including the “D&U Easement”, as defined in Recital E above, in a manner similar to proposed colocations in City public rights of way. J. The parties acknowledge that the Council Easement preceded the recording of the Plat and the Plat’s publicly dedicated portions of Brockton Lane and the D&U Easement overlap portions of the Council Easement and those overlapping portions are subject to the non-exclusive Council Easement. K. The City has entered into a Development Agreement with Owner, dated, ________________, 2022 to construct the certain improvements contained within and adjacent to the Plat. L. Among the improvements contained within the Plat is the installation of a City-owned, operated and maintained booster station. The booster station is required to provide water pressure for expanded municipal water service. The City will require access to the booster station and will utilize the Council Easement to access the station (“Booster Station Access”). M. Another improvement contained within the Plat is the installation of a 20- foot paved fire lane along the northern and eastern sides of the Cook Lake Highlands development, with the eastern portion of the fire lane located within, upon and over the Council Easement (“Fire Access Lane”) and said Fire Access Lane is proposed to connect to an access drive for use by the Council to access Council’s Lift Station L80 (“Council Access Drive”). The Fire Access Lane and Council Access Drive are described and delineated in the attached Exhibit C. N. The Council, Owner, and City agree to enter into this Encroachment Agreement, which shall permit the City’s and the Owner’s encroachments within the Council Easement as described herein. TERMS AND CONDITIONS Section 1 City Encroachment 1.1 City Encroachment in Council Easement. The Council consents to the construction of Brockton Lane, as defined herein, by the City or its designee and use of the same as public right -of-way, including all utility placement per the ROW Management Ordinance and this Agreement over portions of the Council Easement. Additionally, the Council consents to installation, operation, use, maintenance, repair and replacement of City utility and street infrastructure within portions of Brockton Lane and the D&U Easement publicly dedicated in the Plat, as well as the City’s use of the Council Easement for Booster Station Access consistent with the Specifications for Grading, Utilities and Streets for Cook Lake Highlands, dated June 13, 2022, on file with the City and which are incorporated by reference into this Encroachment Agreement as if fully attached hereto (the “Plans and Specifications”) (The City’s use of the Council Easement the “City Encroachment” herein and the area comprising the City Encroachment being the “City Encroachment Area”) as depicted on Exhibit D. The City Encroachment shall not damage, unreasonably hinder or interfere with, or otherwise restrict the Council’s full use of the Council Easement now or in the future. For clarity, the paving and construction of Brockton Lane, as defined herein, in and of itself, shall not constitute damage, hindrance or interference, or a restriction of the Council’s use of the Council Easement but the City’s construction of its Booster Station shall not damage or unreasonably hinder, interfere with, or restrict the Council’s use of the Council Easement. 1.2 Encroaching Utilities. Under the ROW Management Ordinance and the City’s corresponding right of way registration and permitting requirements for utilities other than those identified in Section 1.1 requesting to locate within Brockton Lane or the D&U Easement must register to locate within the same and obtain a permit for excavation of the right of way from the City. The City may from time to time entertain requests for installation of utilities other than those identified in Section 1.1 within the portions of Brockton Lane or the D&U Easement that includes the Council Easement (“Encroaching Utility”). As part of such registration and permitting process for an Encroaching Utility, the City shall endeavor to exclude utilities from the Council Easement in the first instance but to the exten t location within the Council Easement is necessary, as reasonably determined by the City, the City shall provide the Council with a full set of plans and specifications submitted by a prospective Encroaching Utility for Council review. The City shall also provide current registration information it collects from an Encroaching Utility as required under the ROW Management Ordinance or as dictated by City policy, upon request, and shall require the Council to be named as an additional insured prior to the issuance of any right of way permit to an Encroaching Utility. In the event an Encroaching Utility locates within any portion of the Council Easement, the Encroaching Utility must enter into an encroachment agreement with the Council containing substantially similar terms to those contained in this Encroachment Agreement. The Council shall not charge a fee or require other payment for said encroachment other than the application fee for the encroachment agreement. 1.3 Construction. Before the City may commence any below-grade work in the City Encroachment Area which is reasonably anticipated to directly affect Council-owned facilities within the Council Easement, the City shall have: a. Provided a schedule to the Council of work activities. b. Shared final Plans and Specifications with the Council. c. Provided the Council and Council’s Risk Management division all required liability insurance demonstrating that City, its contractors, or any party doing work on behalf of the City has included the Council as additional insured on the policy. d. Notified the Council at least 72 hours in advance of the actual physical commencement of any construction, repair, or replacement of any below- grade encroaching improvement within the Council Easement. All such notices shall be provided to the Council representative noted in Section_____. Notwithstanding the foregoing, no prior notice shall be required to commence work when the City determines that immediate action is necessary to prevent damage to person or property. In such event, the City shall provide notice to the Council as soon as reasonably practical. 2. No Obligation of Council. Excepting the repair and replacement obligations contemplated in this Section 2.3, the Council shall have no obligation to maintain the City’s below-grade improvements in the City Encroachment Area. Nothing in this paragraph shall be deemed to release the Council from liability for its own acts or negligence. 2.1 Liability. City will indemnify, save, defend, and hold the Council harmless from and against any loss, cost, or expense incurred by the Council, including any losses resulting from claims or damages to property, personal injuries or deaths, judgments, court costs and reasonable attorneys’ fees, which arise out of or are claimed to have arisen out of the City’s use of the City Encroachment Area. The City’s obligation shall be subject to Minn. Stat. §466.01, et seq. and shall not apply to acts or omissions attributable to the Council’s negligence or willful misconduct. 2.2 Express Consent. After the initial construction is completed, under no circumstances, shall the City, its successors, or assigns, commence construction, reconstruction, relocation or realignment of the City’s encroaching improvements within the City Encroachment Area (the “City Encroaching Work”) if said City Encroaching Work will require alteration, relocation or realignment of Council facilities located within the Council Easement Area, until the Council has provided prior written acceptance of any amendments or modifications to the Council facilities. To the extent that the Council agrees to any alteration, relocation or alignment requested by the City and no agreement to the contrary is reached, such alteration, relocation or alignment shall be at no cost to the Council. 2.3 Repair Damage. The City, its successors or assigns shall be responsible for and shall promptly pay for or promptly obtain payment to the Council from responsible parties for repair or replacement of any damage to or destruction of the Council-owned below-grade improvements within the Council Easement, which damage or destruction arises from or is attributable to the City’s encroaching improvements within or use of the Council Easement described in this Agreement. The Council shall be responsible for and shall promptly pay for repair or replacement of any damage or destruction it causes or a person or entity under its control or direction causes to any City-owned or City- authorized below-grade improvements. Any party or designee thereof who disturbs pavement, within or adjacent to the Council Easement Area shall be responsible for restoring said pavement. For the purposes of this paragraph, pavement restoration shall require reasonable and adequate patching of the paved surface to restore provision of its intended uses. 2.4 Temporary or Permanent Removal of Improvements in the City Encroachment Area. Should the Council reasonably find that below-grade improvements have been installed within that portion of the Council Easement that is located within Brockton Lane, as defined herein, or D&U Easement which do not belong to the Council, were not approved by the Council, were authorized by the City, and which directly and unreasonably interfere with the Council’s use or access to the Council Easement (an “Obstructing Improvement”), the Council shall provide thirty (30) days’ written notice to the City to temporarily or permanently remove or have removed the Obstructing Improvement at no cost to the Council. Notwithstanding the foregoing, the Council may act immediately and without prior notice to remove an Obstructing Improvement in the event such action is necessary to avoid damage or injury to person or property. In such instances, the Council shall provide notice to the City as soon as practical. 2.5 Permit Required. Should the Council or Owner , or any designee of either, need to disturb any portion of Brockton Lane, as defined herein, after pavement is established (such activity “ROW Work”), then the party seeking to perform the ROW Work shall obtain the applicable permit from the City prior to commencing the ROW Work. 2.6 Notice. In addition to the specific notice requirements contained in this Agreement, the parties agree to endeavor to provide reasonable notice to one another when performing any work within the D&U Easement which will affect the access or use of same or the Fire Access Lane by any other party hereto. 2.7 Consent to County ROW Improvements. Pursuant to the terms of the CCA, the Council consents to the construction of the County ROW Improvements, as defined herein, by the City or its designee and use of the same as public right-of-way, including all street infrastructure and utility placement, use, maintenance, repair and replacement, according to County ordinances and policies over the applicable portions of the Council Easement. The parties agree that nothing in this Agreement shall be interpreted to mandate City regulation of County right of way. Section 3 Owner Encroachment for Fire Access Lane Improvements 3.1 Owner Encroachment in Council Easement. The Council consents to the installation, construction, operation, use, maintenance, repair, and replacement of Owner’s Fire Access Lane required by the City’s Plat approval consistent with the Plans and Specifications and legally described in the attached Exhibit C. Said Fire Access Lane may also be used as a pedestrian trail though it is not publically dedicated for either use. A portion of the Fire Access Lane is located within the Council Easement Area (the “Owner Encroachment”, and the area comprising the Owner Encroachment being the “Owner Encroachment Area”) and is depicted on Exhibit E. The Owner Encroachment shall not damage, unreasonably hinder or interfere with or otherwise restrict the Council’s full use of the Council Easement now or in the future. For clarity, Owner’s paving or construction of the Fire Access Lane, in and of itself, shall not constitute damage, hindrance or interference, or a restriction of the Council’s use of the Council Easement. 3.2 Fire Access Lane Specifications and Use. Owner shall be responsible for construction and maintenance of Fire Access Lane improvements in conformance with the following specifications: a. Owner’s staff, consultants and agents shall consult and coordinate with Council’s staff, consultants, and agents throughout the process of designing improvements in the Owner Encroachment Area. Upon completion, Owner shall submit the Plans to Council for its review and written approval, which approval shall not be unreasonably withheld or delayed. b. The paved portion of the Fire Access Lane shall be a minimum of 16 feet wide, excluding curb and gutter, if any. c. Pavement strength of Fire Access Lane shall be sufficient to accommodate the weight of a fully loaded 3-axle vactor truck d. Fire Access Lane profile shall be such that no longitudinal grade is steeper than 10%. e. Where the Fire Access Lane connects to the street, the geometrics of the entrance curb cut shall, at a minimum, accommodate the wheel paths of a tandem rear-axle dump truck pulling a 24-foot-long generator trailer. f. During construction, maintenance, repair and replacement of the Fire Access Lane, access to Council’s Lift Station L80 by Council’s vehicles and personnel shall be maintained unless prior written approval for temporary access interruption has been received from Council, which shall not be unreasonably withheld. g. Owner shall place signage indicating use of the Fire Access Lane as a fire lane and tow away zone. 3.3 Construction. Excepting preliminary grading work, which has already commenced pursuant to separate mutual agreement of the parties, before any additional work to establish the Fire Access Lane is commenced and before any subsequent work to completely reconstruct the Fir e Access Lane is commenced, in the Owner Encroachment Area, the Owner shall have: a. Provided a schedule to the Council of work activities. b. Shared final Plans and Specifications with the Council. c. Provided the Council and Council’s Risk Management division all required liability insurance demonstrating that City, its contractors, or any party doing work on behalf of the City has included the Council as additional insured on the policy. d. Notified the Council at least 72 hours in advance o f the actual physical commencement of any construction, repair, or replacement of any encroaching improvement within the Council Easement. All such notices shall be provided to the Council representative noted in Section 9. Notwithstanding the foregoing, no prior notice shall be required to commence work when the Owner determines that immediate action is necessary to prevent damage to person or property. In such event, the Owner shall provide notice to the Council as soon as reasonably practical. 3.4 Obligation of Council Related to Fire Access Lane. The design and construction of the Fire Access Lane shall be at no cost to the Council. Excepting the repair and replacement obligations contemplated in this Section 3.7, the Council shall have no obligation to maintain the Fire Access Lane. The Council shall be responsible for maintaining , repairing, and replacing the Council Access Drive. Nothing in this paragraph shall be deemed to release the Council from liability for its own acts or negligence. 3.5 Liability. Owner will indemnify, save, defend, and hold the Council harmless from and against any loss, cost, or expense incurred by the Council, including any losses resulting from claims or damages to property, personal injuries or deaths, judgments, court costs and reasonable attorneys’ fees, which arise out of or are claimed to have arisen out of Owner’s use of the Owner Encroachment Area. This obligation shall not apply to acts or omissions attributable to the Council’s negligence or willful misconduct. 3.6 Express Consent. Under no circumstances, shall the Owner commence construction, either for initial construction or any future reconstruction, relocation, or realignment of the Fire Access Lane improvements, if said Owner Encroaching Work will require alteration, relocation or realignment of Council facilities located within the Council Easement Area , until the Council has provided prior written acceptance of any amendments or modifications to the original encroaching improvements in the Council Easement, as the case may be, or future plans for their reconstruction, relocation or realignment. To the extent that the Council agrees to any alteration, relocation or alignment requested by the City and no agreement to the contr ary is reached, such alteration, relocation or alignment shall be at no cost to the Council. This Council consent requirement shall not apply to routine maintenance activities including, without limitation, sweeping, plowing, repair or patching work, and such activities are hereby authorized. 3.7 Repair Damage. Owner shall be solely responsible for and shall promptly pay for repair or replacement of any damage to or destruction of the Council -owned below-grade improvements within the Council Easement, which damage or destruction arises from or is attributable to the Owner’s encroaching Fire Access Lane improvements within or use of the Council Easement described in this Agreement. The Council shall be responsible for and shall promptly pay for repair and replacement of any damage or destruction it directly causes or a person or entity under its control or direction directly causes to any Owner- owned below-grade improvements. Any party or designee thereof who disturbs pavement within or adjacent to the Council Easement Area shall be responsible for restoring said pavement. For the purposes of this paragraph, pavement restoration shall require reasonable and adequate patching of the paved surface to restore provision of its intended uses. 3.8 Reconstruction. The parties agree that the City (with potential participation from the City of Maple Grove) shall be exclusively responsible for any necessary reconstruction of Brockton Lane and the Council shall be exclusively responsible for any reconstruction of the Council Access Drive. Owner shall be exclusively responsible for any reconstruction of the Fire Lane Access. Nothing in this paragraph shall prohibit the City from exercising its authority as a designated roadway authority to assess properties for roadway improvements commensurate with benefit provided, pursuant to applicable state law. 3.9 Access Maintained. Subject to the terms of this Agreement, the Council shall have reasonable access to use the Council Easement at all times. The parties agree that construction activities may temporarily delay or alter, but not deny, the Council’s access to use the Council Easement. The parties agree to cooperate with one another, in good faith, during construction activities to ensure that reasonable access is maintained without unnecessary hindrance to the construction activities. Section 4 Miscellaneous 4.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assignees. The City shall be subject to this Agreement in enforcing its obligations with Brockton Lane and any adjacent and encroaching D&U Easement permittees. 4.2 Notice. As called for in this Agreement, the parties shall provide notice to the following parties: COUNCIL: Metropolitan Council 390 Robert Street North St. Paul, MN 55101-1805 Attn: Real Estate Office With a copy to: Metropolitan Council 390 Robert Street North St. Paul, MN 55101-1805 Attn: Environmental Services 651-602-1000 CITY: City of Corcoran Attn: City Administrator 8200 County Rd 116 Corcoran, MN 55340 OWNER: JB Limited ADDRESS NEEDED 4.3 Recorded Document. This Agreement shall be recorded with the [insert Recorder’s or Registrar’s Office]. 4.4 This Agreement may be executed in multiple counterparts, all of which when taken together shall compromise one agreement. Delivery of an executed counterpart of a signature page of this Agreement by facsimile transmission or electronic transmission (e.g., ‘pdf’ or ‘tif’) shall be effective as delivery of a manually executed counterpart of this Agreement. Signature pages to follow. CITY OF CORCORAN SIGNATURE PAGE CITY: By: ________________________________ Its: ________________________________ Date: ______________________________ STATE OF _______________ ) )ss. COUNTY OF _____________ ) The foregoing instrument was acknowledged before me this ____ day of _______________________, 2022, by ___________________, _____________________ of the City of Corcoran, a Minnesota municipal corporation, on its behalf. ________________________________ Notary Public METROPOLITAN COUNCIL SIGNATURE PAGE METROPOLITAN COUNCIL By:________________________________ Its: Regional Administrator Date: _____________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of _______________________, 2022, by Mary Bogie, Regional Administrator of the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota, on its behalf. ________________________________ Notary Public JB LIMITED, LLC SIGNATURE PAGE JB LIMITED, LLC, a Minnesota limited liability company By: ________________________________ By: Jacob J. Machacek Its: President STATE OF MINNESOTA ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ______ day of ________________, 2022, by Jacob J. Machacek, the President of JB Limited, LLC, a Minnesota limited liability, on its behalf. ___________________________________ Notary Public Exhibit A Owner Property Description Exhibit B Council Easement Description (as amended) Exhibit C Fire Access Lane and Council Access Drive Descriptions Exhibit D Depiction of City Encroachment Area Exhibit E Depiction of Owner Encroachment Area Met. Council No. __________ 11 LIST OF EXHIBITS AND ATTACHMENTS Exhibit A Location and Layout of Brockton Lane Exhibit B Location and Layout of Project Area Exhibit C Project Cost Share Allocations Exhibit D Brockton Lane Composition - Depiction of Dedicated Right of Way and Council Easement Exhibit E Insurance Coverage Amounts Schedule 1 Approved Construction Documents Met. Council No. __________ 12 Exhibit A Location and Layout of Brockton Lane Work Met. Council No. __________ 13 Exhibit B Location and Layout of Project Area Met. Council No. __________ 15 Exhibit D Brockton Lane Composition - Depiction of Dedicated Right of Way and Council Easement Met. Council No. __________ 16 Exhibit E Insurance Coverage Amounts Met. Council No. __________ 17 Schedule 1 Approved Construction Documents City of Corcoran August 25, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-101 Page 1 of 1 Motion By: Seconded By: A RESOLUTION APPROVING TEMPORARY ON-SALE LIQUOR LICENSE IN THE CITY OF CORCORAN, MINNESOTA BE IT RESOLVED, by the City Council of the City of Corcoran that the following Liquor License is granted effective for the dates as indicated, to the following Licensee, provided appropriate application and insurance documents are submitted and satisfactory background check completed by the Corcoran Police Department. LICENSEE LICENSE LICENSE EFFECTIVE DATE OMNI Brewing Company LLC 9462 Deerwood Lane North Maple Grove, MN 55369 On-sale September 24, 2022 Location: Heidi’s GrowHaus 7555 County Road 116 Corcoran, MN 55340 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 25th day of August, 2022. ________________________________ Tom McKee - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Administrator Added Agenda Item: 7i. Page 5 of 8 Public Streets and Access Public streets comply with City standards and Southeast District guidelines. Access to the development will be provided from Hackamore Road via Goldenrod Trail. The project also provides new access to and from the Ravinia neighborhood via connections with Goldenrod Trail and Larkspur Lane. Access to the 63rd Avenue cul-de-sac will be through the existing Ravinia 11th Addition. The Feasibility Study indicates that Hackamore Road is planned to be improved to a two-lane roadway with both right and left turns into the main access. The City Engineer is coordinating with the City of Medina for these improvements and is pursuing additional sources of funding for the project. Staff has included a condition that proposed improvements to Hackamore Road shall constructed with the development. Private Drives Townhomes that do not front onto Larkspur Lane or Goldenrod Trail will have access from private drives. A maintenance and easement agreement for the private drives shall be recorded with the final plat. Private drives comply with the standards in Section 945.020 of the Subdivision Ordinance. Preliminary approvals required the applicant to provide 75 ft. concrete aprons at the entrance to each private drive to distinguish the private drive from the public street. Staff believes this was an error. The Ordinance requires a 75 ft. paved apron at the access to private drives; however, the 75 ft. paved access standard was intended for the rural area. When the private drive standards were adopted for the rural area, staff noted that urban standards would need to be adopted. The private drive standards adopted in Corcoran were based on the City of Plymouth standards. Those standards require a 20 ft. concrete apron for private drive access in the urban area, but this standard was never formally adopted in Corcoran. However, the townhomes in Tavera have 20 ft. concrete aprons (based on the Plymouth standard). Staff discussed the 20-foot apron standard with Pulte prior to preliminary plat approval and intended that to be the standard. We have revised the condition requiring a 75 ft. concrete apron to require a 20 ft. concrete apron, which is an established standard in Corcoran. Signage No development signage has been proposed for this development. Private drive signs are required at the entrance to each private drive and shall also indicate the range of addresses served by the private drive. No parking signs shall be required on the non- sidewalk side of public streets and within all cul-de-sacs. Grading and Stormwater There are existing culverts, a filtration basin, emergency overflows (EOFs) and wetlands on the site that will be impacted by the development. The City Engineer’s memo Page 6 of 8 provides extensive comments on grading and stormwater. Two stormwater ponds and two filtration ponds are proposed with this development. Retaining walls are proposed with this development. Retaining walls in excess of four feet in height shall be designed by a certified engineer and require a building permit prior to construction. The retaining walls in Lots 7, 8 and 9, Block 1 create unusable portions of the yard that are difficult to access for lawnmowing and maintenance. Staff recommends that these areas be planted with native plants to reduce the level of maintenance. An encroachment agreement is required for the areas where retaining walls are situated in drainage and utility easements. Staff has included these items as conditions of approval. Sidewalks and Trails and Parks The Parks and Trails map in the Comprehensive Plan shows on-road trails along County Road 101 and Hackamore Road. The applicant has provided plans showing two on-road trails which are normally located in the right-of-way; however, the applicant has proposed locating the Hackamore Road trail on their property as a PUD benefit. The trail follows the southern property line of the development and final alignment will be determined with the design for the Hackamore Road improvements. If the Hackamore Trail is located within the proposed development, trail easements will be required. The applicant has also provided trail connections to the County Road 101 trail from the 62nd Avenue and 63rd Avenue cul-de-sacs as required by the approving resolution. Staff notes that the 63rd Avenue cul-de-sac is approximately 6 ft. higher than County Road 101 as proposed, which makes this trail connection extremely difficult to construct as an accessible route. Staff has removed this requirement and included a condition only requiring a trail connection to the County Road 101 trail from the 62nd Avenue cul-de- sac. The applicant shall provide permanent trail easements for the portion of the trail connection within the site boundary. No park dedication credit shall be provided for on- road trails. Park Dedication No parkland dedication is proposed with this development. The Parks and Trails Commission recommended accepting cash-in-lieu of land for required park dedication. Park dedication is due based on the park dedication ordinance in place at the time the final plat is released for filing. The current fee schedule would require the following for this project: 44 single family units = $203,632 (44 x $4,628) 85 townhome units = $266,985 (85 x $3,141) TOTAL = $470,617 Page 7 of 8 Final Plat The applicant is requesting approval of a final plat for 85 townhomes, 44 single family units and four outlots. Outlots are provided for stormwater ponds, wetlands and common areas for townhomes. The applicant is proposing to development this project in a single phase. The final plat is consistent with the approved preliminary plat. Council Consideration Staff has identified the following areas where additional feedback is needed on staff recommended changes: 1. Council should provide direction on the length for concrete aprons at the access to private drives from public streets. Staff recommends a 20 ft. concrete apron as intended for urban private drives. Does Council support the requirement for 20 ft. concrete aprons as provided in Tavera? 2. Staff is recommending removing the trail connection from 63rd Avenue to the County Road 101 trail due to elevation differences between the two streets. Does Council support removing the 63rd Avenue trail connection as recommended by the City Engineer due to accessibility issues? A trail connection from 62nd Avenue to County Road 101 is still required. The approving resolution does include these changes. Conclusion Staff finds the proposed plan is consistent with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and preliminary PUD approvals. The staff report notes outstanding issues that must be addressed and staff has included conditions in the attached resolutions to address these issues. 4. Recommendation Move to adopt the following: a. Resolution 2022-97 approving the final PUD plan b. Resolution 2022-98 approving the final plat and development contract Page 8 of 8 Attachments 1. Resolution 2022-97 Approving the Final PUD Plan 2. Resolution 2022-98 Approving the Final Plat and Development Contract 3. Draft Development Contract 4. Site Location Map 5. City Engineer’s Memo dated July 29, 2022 6. Applicant Narrative dated June 10, 2022 7. Final PUD Plans dated July 7, 2022 8. Landscape Plan dated July 7, 2022 9. Final Plat dated July 7, 2022 10. Draft Termination of Driveway Agreement dated August 5, 2022 11. Architectural Upgrades Exhibit dated April 28, 2022 City of Corcoran August 25, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-97 Page 1 of 5 Motion By: Seconded By: APPROVING FINAL PLANNED UNIT DEVELOPMENT (PUD) PLAN FOR “WALCOTT GLEN” ON THE PROPERTIES LOCATED AT THE NORTHWEST CORNER OF HACKAMORE ROAD AND COUNTY ROAD 101 ((PIDS 36-119-23-44-0013, 36-119-23-44- 0009, 36-119-23- 44-0008, 36-119-23-44-0010, 36-119-23-44-0014, 36-119-23-44-0031, 36- 119-23-44-0024, 36- 119-23-44-0033 AND 36-119-23-44-0030) (CITY FILE NO. 22-036) WHEREAS, Pulte Homes of Minnesota, LLC (the “applicant”) has requested approval of a final planned unit development (PUD) plan for “Walcott Glen” for 44 single family lots, 85 townhome lots and four outlots on the property legally described as: See Attachment A NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the request for final PUD plan approval for Walcott Glen, subject to the following conditions: 1. A final PUD development plan is approved to create 44 single family lots, 85 townhome lots and four outlots for “Walcott Glen”, in accordance with the application and plans received by the City on June 10, 2022 and additional information received on June 27, 2022, July 7, 2022 and July 15, 2022, except as amended by this resolution. 2. Approval is subject to the preliminary approvals (Resolutions 2022-64 and 2022-65). 3. Approval is contingent upon City Council approval of the final plat (Resolution 2022-98). 4. The applicant shall comply with all requirements of the City Engineer’s memo dated July 29, 2022. 5. All utility facilities shall be located underground. 6. Lawn sprinklers/irrigation systems shall have rain sensors to limit unnecessary watering. 7. The homeowners association (HOA) shall be responsible for the maintenance of: a. Landscaping and irrigation in the common areas. b. Wetland and pond buffer areas. c. Sidewalks. d. Private drives and parking areas. e. All common areas, including signage, lighting and landscaping in those areas. 8. Section 1050.010 requires a 15-foot wetland buffer structure setback but allows patios and decks to encroach a maximum of 6 feet into required structure setback. 9. All garages must have a minimum 22-foot wide parking area between the garage and right-of-way or private drive that does not overlap into sidewalks, drives or streets. 10. Off-site improvements for Hackamore Road shall be constructed with this development. City of Corcoran August 25, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-97 Page 2 of 5 The developer shall pay the costs of these improvements as noted in the Development Contract. 11. PUD Flexibility is granted to establish the following lot standards for this development: a. Townhome garage width and size requirements. Townhome garages shall be a minimum 19 feet and three inches wide (19’-3”) and 419 sq. ft. in area. b. Lot width and area standards for single family homes. c. The following standards shall apply to single family and townhome units: Single Family Units Townhome Units Minimum lot area 6,926 sq. ft. 5,400 sq. ft. (per unit) Minimum lot width 50 ft. N/A Minimum Principal Structure Setbacks: Front, From Major Roadways* 80 ft. 100 ft. Front, From all other streets 25 ft. home/20 ft. porch 25 ft. Side 7.5 ft (15 ft. between homes) 10 ft.** Rear 30 ft. 25 ft. Maximum Principal Building Height 35 ft. 35 ft. *Major Roadways are Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan. **Internal: 20 feet between attached or multi-family principal structures separated by common area. 12. Condition #56.a. of Resolution 2022-64 is modified as follows: a. Plans must be revised to show a 20 ft. concrete apron at the entrance to private drives from public streets. FURTHER, the following must be addressed prior to release of the final plat for recording: 13. Plans must be revised to show a 20 ft. concrete apron at the entrance to private drives from public streets. FURTHER, the following must be addressed prior to issuance of building permits: 14. Mechanical equipment (including air conditioning units) must be located in the side or rear yard and shown on plans. 15. The plans must show centralized mailbox locations. These mailbox locations shall be approved by the US Postal Service and proof of approved locations provided to the City. 16. All permanent wetland buffer monument signs must be erected along the wetland buffer line as required by Section 1050.010, Subd. 7 of the Zoning Ordinance. City of Corcoran August 25, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-97 Page 3 of 5 17. Equal architectural treatment is required on elevations of a home that face a public right- of-way or park at the locations shown on the “Architectural Upgrades Exhibit” dated April 28, 2022. Lots subject to this standard include: a. Lots 1, 7, 8, 9 10, 11, 12, 13 and 14, Block 19, and b. Lot 6, Block 20. 18. Any request for the City to inspect the required landscaping in order to reduce financial guarantees must be accompanied by recertification/verification of field inspection by the project Landscape Architect. A letter signed by the project Landscape Architect verifying plantings (including wetland and pond buffers) have been correctly installed in compliance with the plans and specifications will suffice. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Schultz, Alan Schultz, Alan Vehrenkamp, Dean Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 25th day of August, 2022. ________________________________ Tom McKee - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – Administrative Services Director City of Corcoran August 25, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-97 Page 4 of 5 ATTACHMENT A Parcel 1: Title Commitment File No. MN-235501-ANC That part of the Southeast ¼ of the Southeast ¼ of Section 36, Township 119 North, Range 23, West of the Fifth Principal Meridian, lying West of the East 780 feet thereof and which lies North of the South 700 feet thereof, according to the U.S. Government Survey thereof, Hennepin County Minnesota. Together with easements over the West 30 feet of the East 889.5 feet of the South 700 feet of the Southeast ¼ of the Southeast ¼ of Section 36, Township 119, Range 23 and the North 30 feet of the South 1025 feet of the East 780 feet of the Southeast ¼ of the Southeast ¼ of Section 36, Township 119, Range 23. Abstract Property. Parcel 2: Title Commitment File No. MN-235472-ANC The South 700 feet of that part of the Southeast ¼ of the Southeast ¼ Section 36, Township 119 North, Range 23, West of the 5th Principal Meridian, lying Westerly of the East 874.5 feet thereof, Hennepin County, Minnesota. Parcel 3: Title Commitment File No. MN-235496-ANC The East 874.5 feet of the South 400 feet of the Southeast Quarter (SE ¼) of the Southeast Quarter (SE ¼) of Section 36, Township 119, Range 23, West of the 5th Principal Meridian according to the U.S. Government Survey thereof, Hennepin County, Minnesota. Abstract Property. Parcel 4: Title Commitment File No. MN-235481-ANC The East 874.5 feet of the North 300 feet of the South 700 feet of the Southeast ¼ of the Southeast ¼ of Section 36, Township 119, Range 23. Abstract Property. Parcel 5: Title Commitment File No. MN-235483-ANC The North 310.00 feet of the South 1010.00 feet of East 780.00 feet of Southeast Quarter of the Southeast Quarter of Section 36, Township 119, Range 23, Hennepin County, Minnesota. Abstract Property. Parcel 6: No Title Commitment Provided at this time Lot 1, Block 3, RAVINIA 11TH ADDITION Abstract Property. City of Corcoran August 25, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-97 Page 5 of 5 Parcel 7: No Title Commitment Provided at this time Outlot E, RAVINIA 11TH ADDITION Abstract Property. Parcel 8: No Title Commitment Provided at this time Outlot C, RAVINIA 11TH ADDITION Abstract Property. Parcel 9: No Title Commitment Provided at this time Outlot B, RAVINIA 11th ADDITION Abstract Property. City of Corcoran August 25, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-98 Page 1 of 5 Motion By: Seconded By: APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR “WALCOTT GLEN” ON THE PROPERTIES LOCATED AT THE NORTHWEST CORNER OF HACKAMORE ROAD AND COUNTY ROAD 101 ((PIDS 36-119-23-44-0013, 36-119-23-44-0009, 36-119-23- 44- 0008, 36-119-23-44-0010, 36-119-23-44-0014, 36-119-23-44-0031, 36-119-23-44-0024, 36- 119-23-44-0033 AND 36-119-23-44-0030) (CITY FILE NO. 22-036) WHEREAS, Pulte Homes of Minnesota, LLC (the “applicant”) has requested approval of a final plat for “Walcott Glen” for 44 single family lots, 85 townhome lots and four outlots on the property legally described as: See Attachment A FURTHER, that the development contract for said plat shall be completed by City staff and the Mayor and City Administrator be authorized to execute the development contract on behalf of the City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the request for final plat approval for Walcott Glen, subject to the following conditions: 1. A final plat is approved to create 44 single family lots, 85 townhome lots and four outlots for “Walcott Glen”, in accordance with the application and plans received by the City on June 10, 2022 and additional information received on June 27, 2022, July 7, 2022 and July 15, 2022, except as amended by this resolution. 2. Approval is contingent upon City Council approval of the final PUD plan (Resolution 2022-97) and is subject to all conditions. 3. Development is subject to all conditions of the Walcott Glen preliminary plat and preliminary PUD plan approvals (Resolutions 2022-64 and 2022-65). 4. The applicant shall comply with all requirements of the City Engineer’s memo dated July 29, 2022. FURTHER, prior to the release of the final plat for recording: 5. The development contract must be executed by the developer and the City and must be filed with the final plat. 6. The financial guarantee and fees required by the development contract must be paid. 7. Park dedication shall be cash-in-lieu of land. The final park dedication amount will be based on the fee schedule in place at the time the final plat is release for filing. City of Corcoran August 25, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-98 Page 2 of 5 FURTHER, that the following conditions must be met prior to issuance of building permits: 8. All permanent wetland buffer signs must be erected along the wetland buffer line as required by Section 1050.010, Subd. 7 of the Zoning Ordinance. a. The final locations must be approved by City staff. b. Wetland signs must be purchased from the City. c. Monuments and signs shall be installed prior to approval of building permits. d. The installation of the wetland monument buffer signs according to the approved plan must be certified by a registered land surveyor. e. Wetland buffer planting shall be seeded with MnDOT 43-261 or 35-241 seed mix. f. Where buffer areas are not vegetated or have been disturbed within the last 10 years, such buffer areas shall be replanted and maintained according to the standards in Section 1050.010 Subd. 8(c) of the Zoning Ordinance. 9. The applicant must file the final plat at Hennepin County within 2 years of the date of approval or the approval shall expire. 10. The following documents must be approved by the City Attorney and recorded at Hennepin County with the final plat: a. Development Contract b. Stormwater Maintenance Agreement c. Trail Easement for County Road 101 Connection and Hackamore Road Trail d. Termination of Driveway Agreement e. Homeowners Association documents f. Encroachment Agreement 11. Record the approving resolutions and associated documents at Hennepin County and provide proof of recording to the City. FURTHER, that the following conditions must be met prior to the release of remaining escrow: 12. Lot corner monuments shall be installed as required by the Subdivision Ordinance. 13. Any request for the City to inspect the required landscaping in order to reduce financial guarantees must be accompanied by recertification/verification of field inspection by the project Landscape Architect. A letter signed by the project Landscape Architect verifying plantings (including wetland and pond buffers) have been correctly installed in compliance with the plans and specifications will suffice. City of Corcoran August 25, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-98 Page 3 of 5 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 25th day of August, 2022. ________________________________ Tom McKee - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – Administrative Services Director City of Corcoran August 25, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-98 Page 4 of 5 ATTACHMENT A Parcel 1: Title Commitment File No. MN-235501-ANC That part of the Southeast ¼ of the Southeast ¼ of Section 36, Township 119 North, Range 23, West of the Fifth Principal Meridian, lying West of the East 780 feet thereof and which lies North of the South 700 feet thereof, according to the U.S. Government Survey thereof, Hennepin County Minnesota. Together with easements over the West 30 feet of the East 889.5 feet of the South 700 feet of the Southeast ¼ of the Southeast ¼ of Section 36, Township 119, Range 23 and the North 30 feet of the South 1025 feet of the East 780 feet of the Southeast ¼ of the Southeast ¼ of Section 36, Township 119, Range 23. Abstract Property. Parcel 2: Title Commitment File No. MN-235472-ANC The South 700 feet of that part of the Southeast ¼ of the Southeast ¼ Section 36, Township 119 North, Range 23, West of the 5th Principal Meridian, lying Westerly of the East 874.5 feet thereof, Hennepin County, Minnesota. Parcel 3: Title Commitment File No. MN-235496-ANC The East 874.5 feet of the South 400 feet of the Southeast Quarter (SE ¼) of the Southeast Quarter (SE ¼) of Section 36, Township 119, Range 23, West of the 5th Principal Meridian according to the U.S. Government Survey thereof, Hennepin County, Minnesota. Abstract Property. Parcel 4: Title Commitment File No. MN-235481-ANC The East 874.5 feet of the North 300 feet of the South 700 feet of the Southeast ¼ of the Southeast ¼ of Section 36, Township 119, Range 23. Abstract Property. Parcel 5: Title Commitment File No. MN-235483-ANC The North 310.00 feet of the South 1010.00 feet of East 780.00 feet of Southeast Quarter of the Southeast Quarter of Section 36, Township 119, Range 23, Hennepin County, Minnesota. Abstract Property. Parcel 6: No Title Commitment Provided at this time Lot 1, Block 3, RAVINIA 11TH ADDITION Abstract Property. City of Corcoran August 25, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-98 Page 5 of 5 Parcel 7: No Title Commitment Provided at this time Outlot E, RAVINIA 11TH ADDITION Abstract Property. Parcel 8: No Title Commitment Provided at this time Outlot C, RAVINIA 11TH ADDITION Abstract Property. Parcel 9: No Title Commitment Provided at this time Outlot B, RAVINIA 11th ADDITION Abstract Property. Memo To: Kevin Mattson, City of Corcoran From: Kent Torve, City Engineer Steve Hegland, PE Project: Walcott Glen – Final Plat Review Date: July 29, 2022 Exhibits: This Memorandum is based on a review of the following documents: 1. Walcott Glen Final Plans, prepared by Sathre-Bergquist, Inc,. dated May 27th, 2022. 2. Walcott Glen Development Stormwater Management Plan, Prepared by AE2S, dated June 7th, 2022. Comments: General: 1. The City process requires the applicant to submit a written response to this memorandum. Submit the written response with revised plans. 2. In addition to engineering related comments per these plans, the proposed plans are subject to addition planning, zoning, land-use, and other applicable codes of the City of Corcoran. 3. Final approval by the Elm Creek Watershed Management Commission must be attained before any site grading or activity may commence. 4. An encroachment agreement shall be required for all site improvements or items placed within the City ROW or easements. This includes but is not limited to retaining walls and irrigation systems. 5. The final plat plans shall clearly identify the existing turnarounds, retaining walls and features adjacent to the proposed development that will need to be removed or modified to accommodate the improvements. 6. A feasibility study was completed by Stantec Dated April 2022. Developer shall be responsible for the conditions and offsite improvements as outlined in the feasibility study. Plat: 1. Provide separate trail easement for all trails/sidewalks located outside of the ROW 2. Provide additional easement for storm sewer C3 to C5. Additional easements shown on plat but not shown on storm plan to verify they are adequate. 3. Existing easement along north property line to be vacated. 4. 40’ half Right of Way required on Hackamore Road. o Plat provided shows 33’ July 29, 2022 Walcott Glen Kevin Mattson Page 2 of 6 5. If Hackamore trail is located within the proposed development, trail easements will be required over final alignment. 6. The storm sewer between lots 10 and 11 is approximately 15’ deep between lots. The easement should be widened to a 30’ total width in this area to ensure access can be achieved. 7. Drainage swale in rear yard of Lot 6 Block 19 shall be fully within D&U easement. 8. Drainage swales across rear yards of lots 1-6 Block 1 should be fully within D&U easement. Erosion Control/SWPPP 1. Preparation of and compliance with a SWPPP shall be required for construction. 2. Provide inlet protection at next structure downstream of construction activities. This includes existing culverts not shown on plan and existing inlets within the Ravinia Development. 3. Provide sediment control BMPs at inlets leaving the site (WH1-2, B15, Lupine Lane, etc). 4. Provide additional drainage flow arrows especially where drainage leave the site and along roadway and at intersections. 5. Provide inlet protection along 63rd Ave N/Larkspur Ln. 6. Define limits of grading to ensure they match silt fence placement. 7. Include narrative describing timing for installation of all erosion prevention and sediment control BMPs and a description of the permanent stormwater treatment systems. 8. Include the number of acres of impervious surface for both pre- and post-construction 9. Provide location and type of all temporary and permanent erosion prevention and sediment control BMPs. 10. Show downstream waterbodies and flowpaths on Site Location Map. Include surface waters within one mile aerial radius that receive stormwater from the construction site per NPDES SWPPP plan content requirement. Identify site discharge points. Transportation 1. No parking signs shall be placed on the non-sidewalk side of the road. 2. Within cul-de-sacs, no parking signs shall specify that specifically to the cul-de-sac. 3. Stop sign shall be sown at Goldenrod Trail and Hackamore Road. 4. The turn lanes into the project site will be a City-led project. The developer shall establish an escrow prior to the turn lanes being designed and publicly bid. 5. All parking areas shall have concrete curbing and a paved surface. 6. The private road should be paved to the residential street section detail. 7. The notes on sheet 2 indicate the valley gutter at the entrances should be 3’ side but aprons should be as shown and directed by Planning. 8. Public safety comments on street light locations will be provided once received. July 29, 2022 Walcott Glen Kevin Mattson Page 3 of 6 9. Show how future sidewalk connection will be achieved at end of 63rd Ave and future trail along County Road 101. It appears that the roadway is approximately 6’ higher than the adjacent county road. Grading /Stormwater 1. Rear yard draintiles are shown in plan legend but not identified on plan. 2. Show locations of sump connections to storm sewer. 3. Model OCS shall match construction plan information. Provide additional information for outlet Wetland H2. Pond #3 outlet pipes and EOF Plan inverts on OCS Basin #1 do not match model. Also, EOF routing. 4. Permitted wetland impacts shall match final construction plans and shall be finalized prior to site disturbance. 5. All pedestrian ramps shall be ADA compliant and detailed designs shall be provided for all landings showing elevations in compliance with those requirements. o Provide grading slopes and elevations for ADA ped ramps details. o Curb ramp Standard plate is referencing the wrong standard plate number for curb ramp detail. 6. Provide 12’ pond maintenance access around all proposed ponding areas and encompass by drainage and utility easements. o Provide pond access at Filtration Basin 21 and Hackamore Filtration Basin. 7. Clearly identify EOF locations, elevations and routes for all areas where water will be collected, including all low areas in roadways and greenspaces. o EOF on Basin #1 is routed over the sidewalk. SWMM model shows this as routed to Wetland H2. Please revise or clarify. o Identify on plans EOF for backyard catch basin A8. o EOF elevation at B7 does not match model. o Grading plan shows two EOF from CB B11. The weir routed to B16 elevation does not match model. o Plans show Pond#3 EOF to basin B7 but model shows routing to Wetland H3. o Show on drainage plans the flow direction and EOF elevations for backyard basins C4, C11 & C3. Grading shows EOF to storm network D but not reflected in model. 8. All walls higher than 4’ shall be designed by a certified engineer and the design and certification of those walls shall be provided to the city. Prior to construction retaining wall designs shall be submitted to the building permit department for construction permit. 9. There are several existing driveways and culverts that currently exist within this development. grading plan shall clearly show how driveways and culverts will be removed and how conveyance will be maintained through these areas. o Show existing stormwater infrastructure within the site development and indicate whether these shall remain or be reused. o Show information for all culverts and sewers entering or leaving the project area. July 29, 2022 Walcott Glen Kevin Mattson Page 4 of 6 o Show connection information for tie-in at WH1-2. 10. During the Ravinia 11th Development, an overland EOF elevation was determined and shown that conveys runoff from Wetland 4 to Wetland 3. Those plans identified that if Lakespur Lane was extended in the future, that the overland EOF be maintained or a piped EOF would be necessary. This development appears to have impacted the overland EOF and therefore a separate piped EOF will be necessary from Wetland 4 to Wetland 3. o Drainage plans show Pond 3 EOF routed to inlet B7 while SWMM model shows EOF routed to Wetland 3. o Link 270 in SWMM model shows 24” RCP routed to wetland H3 while plan shows 30” RCP. o An overland EOF is provided from Pond #3 to the SW at an 889 Elevation. This appears to raise the existing EOF that was provided with the Ravinia development which does not provide adequate separation to existing homes. Match the existing overland EOF elevation with the Ravinia development or provide an EOF pipe capable of handling necessary flow. 11. In the Ravinia 11th Addition plans the HWL of Wetland 4 (wetland 16 of the Ravinia plans) was identified at 984.9 and is now identified as 984.5. Clarify the change. 12. In addition to the piped EOF Comment, the piped outlet from Wetland 4 to Wetland 3 that was installed is not shown on these plans and shall be added. o Invert elevations for existing 21” RCP between Wetland 4 and Wetland H3 were not provided. Clarify on plans that this network will be left in-place. 13. Basin storage between the preliminary HydroCAD model and the final SWMM model are inconsistent for the storage volume at Wetland H1. Please confirm that the separation between the 2 storage areas on Wetland H1 was included in the model and includes the pipe/berm on the existing driveway between the 2 storage areas. If there is a culvert at this location, include identification of size/inverts and indicate if this will remain or be removed. 14. Multiple existing storm sewer runs on Parcels 3 and 4 appear to be missing from the survey. Verify and show remaining existing storm sewer. o Wetland #3 o Discharge across CSAH 101 o Existing driveways from Wetland 9 to Hackamore Road. 15. Per the Feasibility Study, replacement/modification of the existing plastic weir to the north is required. Applicant has provided a concept for the replacement. Details of that replacement shall be finalized. 16. Site shall incorporate adjacent roadway water quality and drainage within the site BMPs. o Incorporate proposed roadway drainage network outlet to Hackamore filtration basin per roadway improvement plans. o City prefers a Nurp Pond with filtration component but applicant has indicated they will proceed with filtration design. A pretreatment basin will be required July 29, 2022 Walcott Glen Kevin Mattson Page 5 of 6 prior to the filtration component to collect sediment and reduce fouling of the system. 17. Provide documentation that the drain tile has capacity to handle the required infiltrated runoff. 18. Model OCS slanted grates as custom orifices. The current model includes horizontal orifices which overestimate flows at the set invert elevation. o Rating Curves for slanted grates were previously developed and utilized for XPSWMM modeling for the City of Corcoran. These are applied as Internal Rating Curve and are provided below for use in the model. Water Depth (ft) Orifice flow (cfs) 0 0.000 0.1 0.624 0.25 3.910 0.5 13.390 0.75 27.347 1 37.932 1.5 53.644 2 65.700 5 113.796 19. Storm sewer calculations provided show pipe flowing at or near capacity for the design event at multiple locations. Check HGL for these pipes and upsize as required. 20. XPSWMM model shows pipe runoff from drainage network C upstream of C4 being routed directly to Pond1. Revise to proposed plan conditions and recheck HWL for ponding areas C4, C11 & C3. 21. Identify Wetland 18 on Drainage plans and extend viewport as necessary to include the existing outlet location at wetland 18 east under County Road 101. 22. Identify the extents of the existing Filtration Basin 21 and include detail on the construction of the forebay. If there are existing draintile in the Basin, these will need to be extended to accommodate basin expansion. Show EOF and outlet structure between Basin 21 and Wetland 18. 23. The following should be provided for Basin 21 if it remains a filtration basin: o OCS location and detail o EOF location and elevation o Forebay and pond grading Previous response states that forebay will be combined but plans do not reflect this condition. Need further detail. 24. 100-yr HWL for Filtration Basin 2, Filtration Basin 21 and Hackamore Road Basin indicated on plan and report to not match what is shown in the SWMM model. 25. Inverts on Filtration Basin #1 OCS do not match SWMM model. 26. Filtration Basin #2 OCS detail does not match plan for draintile connection invert. July 29, 2022 Walcott Glen Kevin Mattson Page 6 of 6 27. Provide additional detail for the existing outlet at Wetland H2. Inverts shown on plan do not appear to match model and outlet is not shown. Identify EOF location and elevation for this wetland. If EOF is over Brockton Road as indicated in the model, incorporate roadway storm catch basins into this network. Revise wetland HWL as necessary. 28. If possible, show existing stormsewer infrastructure of adjacent communities where existing and proposed drainage ties in. This includes, as mentioned previously, detail for the ‘new pond’ at 130P. This pond shows a 30” culvert and EOF, without any information shown in the plans or drainage maps. o Need to show the drainage tie-in at WH1-2. identified in the Hackamore Road Improvement Plan as 5405-5406. Identify connection detail if applicable (also comment #9). o Show existing stormsewer east of Goldenrod Trail, identified in the Hackamore Road Improvement Plan as 5407-5408 o Show existing connection between Wetland H3 and Wetland H1. Is there an existing driveway culvert to be removed? 29. There are existing culverts located on the very west side of Wetland H1 for an existing driveway and walking bridge. These culverts should be removed if possible and modeling should verify if any additional accommodations are necessary due to their removal. o Existing culvert location and indication of removal not shown. 30. Check and revise as necessary the plan or model routing between Wetland H3 to Pond #1. Model shows weir length of 15-ft while plans appear to show length at +80-ft. Watermain/Sanitary Sewer 1. Gas, electric, and other private and public utilities are located adjacent and/or on the property. Preservation of existing easements and coordination with all public and private utilities must be conducted prior to commencing any grading or construction. 2. Watermain connection on 63rd Ave will require the removal and replacement of existing storm sewer. Plan should identify this. 3. Move valve at Goldenrod Trail and Larkspur Lane to from the west leg to the east leg. 4. Watermain on private drive 1to be looped to 62nd Ave N watermain. 5. Services to lot 1 block 2 to be installed as part of this development. No services exist currently. 6. The water and sewer under the private roads are assumed to be city utilities. The HOA documents shall identify repair and replacement responsibilities for the private roadways in the event the utilities need to be repaired/replaced or a separate encroachment agreement will be necessary. End of Comments 1 “Building Incredible Places Where People Can Live Their Dreams.” Walcott Glen APPLICATION FOR: Final Plat/PUD CORCORAN, MINNESOTA June 10, 2022 Introduction This final plat application includes all lots/units approved in the preliminary plat application. As part of this final plat application, we are submitting revised preliminary plat plans that conform to the conditions of approval. We are also submitting final plat plans that also conform to the conditions of approval. Conditions of Approval In an effort to be thorough, we have reviewed the preliminary plat conditions of approval. Following is a description of some of the more complex conditions. It is our hope that this description helps to verify that this application conforms to the conditions of approval. • Condition 10b – A 20’ wide trail easement must be deeded to the City for the Hackamore Road trail. We are happy to work with Kevin Mattson to finalize the alignment that he chooses and to dedicate the corresponding easement. We understand that this must be completed at the time of the final plat recording. • 10c – The future County Road 101 trail shall be shown on the plans. The trail has been incorporated into our plans. • 12 – Minimum lot area calcs for townhomes shall be provided with the application for final plat. We have included an updated lot area spreadsheet. • 13 – Plans shall be revised to show compliance with the 30’ rear yard setback for single family lots. Plans have been revised to show compliance. • 14 – Plans shall be revised to show building setback flexibility for Lot 38 as 60’ from County Road 101. The side lot line along 101 is 176’ long. We are preserving 15 significant trees along this side lot line in addition to numerous smaller trees and various shrubs. Pertaining to only preserved significant trees, this equates to 8.5 preserved significant trees for every 100’. The required preservation or planted buffer is 4 trees and 10 shrubs. The combination of preserved significant trees, preserved smaller trees, and preserved shrubs greatly exceeds the requirements for a 60’ setback. • 20 – The applicant shall provide details of the driveway, house pads, and setbacks as part of the final PUD plan that demonstrates compliance with the approved PUD standards. This plan has been prepared and is submitted with this application. 2 • 24 – The applicant shall provide copies of the final HOA documents/covenants for City review as part of the final plat application. We have prepared HOA documents and have submitted them with this application. • 27 – Plans shall be revised to show proposed locations of street lights and street light details shall also be provided. This plan has been created and is submitted with this application. • 28 – The tree preservation plan shall be revised to show additional trees for removal adjacent to the retaining wall north of Wetland #H3. Plans have been revised and included in this application. • 29 – Landscaping 3’ high shall be provided for parking areas with 4 or more stalls to screen vehicle headlights from adjacent residential and public streets. We have revised our plans accordingly. • 30 – The applicant shall provide plans showing the proposed location of required trees and utility connections to ensure no conflicts between the two. The landscape plan has been revised to show all utilities and landscaping. • 35 – The site plan must be revised to relocate retaining walls outside of wetland buffers. These revisions have been made to our plans. • 41 – The applicant shall provide documentation to the City indicating how maintenance of the expanded portion of the filtration basin in the northeast corner of the site will be handled by the two different HOAs. Attached to this application you will find a draft agreement between the Ravinia HOA and the Walcott Glen HOA to share maintenance costs for this basin. • 42 – The applicant shall maintain the existing EOF between Wetlands #H3 and #4. The overland EOF was maintained with the routing now going to Pond 3 instead of Wetland H4. The outlet structure and outlet pipe for Pond 3 was upsized as a secondary EOF from Wetland H4. The OCS was upsized to a 60” diameter structure and the outlet pipe was upsized to 30” diameter. • 48 – The HOA is responsible for the maintenance of the open space in the development, including any private park space. Final details of the private park shall be provided with the final PUD application. The original intent in proposing an optional City park was to satisfy any desire by the City to add a small public park to their system. Through this application process, we have heard a clear message that a new City park is not desired. Therefore, this open space will be left as irrigated, manicured open play space for the residents of the new neighborhood and maintained by the HOA. • 50 – Plans shall be revised to show the 75% Hackamore improvement set. We were able to obtain this information and have incorporated it into our plans. • 52 – Parking shall be permitted on one side of the local streets and shall be signed in accordance with City standards. All required signs have been added to the plans. We have expanded the parking along private streets to fully comply with City requirements. • 53 – The hammerhead on the private drive must meet City specifications and post no parking fire lane signs. We have verified that the dimensions of the turn around meet City standards. All required signs have been added to the plans. 3 • 54a – Plans must be revised to show the required 75’ concrete apron at the entrance to private drives from public streets. We request permission to use an alternative approach to visually delineate the transition from public to private streets. We propose the use of a 3’ wide concrete valley gutter, which is shown in the plans. • 54c – A decorative sign stating “Private Drive” shall be located near each entrance to a private drive. Such sign shall also provide the range of addresses served by the private drive. All required signs have been added to the plans. Design details of these signs will be determined in the near future. • 54h – Snow storage locations must be shown on plans. We have prepared and submitted with this application a new exhibit showing snow storage locations. • 55bi and ii – On-street parking along Larkspur Lane shall be located in a bump out along the east edge of the right-of-way. No on-street parking along Larkspur Lane shall be located within the drive lane. Final design of the on-street parking bump out shall be coordinated with City staff prior to final PUD. We heard a concern among the City Council about the additional parking bay along Larkspur Lane. In response, we have expanded the parking along internal private streets to fully accommodate the necessary parking for the townhome neighborhood. As a result, we eliminated the parking bay along Larkspur Lane. • 56 – The applicant must provide documentation that Ravinia lots that are being incorporated into this project (Lot 1, Block 3, Outlot B, Outlot C, and Outlot E) have been released from the Ravinia HOA and will be incorporated into the Walcott Glen HOA. We obtained the declaration for the Ravinia HOA and verified the key facts. The outlots are not part of the Ravinia HOA. Lot 1 Block 3 is within the Ravinia HOA. However, the declaration for Ravinia allows for this lot to be transferred to the Walcott Glen HOA. We have reached out to Lennar and are in the process of drafting a legal document to execute this action. • 57 – A release from the existing access easement along on both sides of the property line between the Ravinia 11th Addition and the site shall be required and recorded with the final plat. This document has been created and included in this application. • At the June 9, 2022 Council meeting a condition was added pertaining to the townhomes east of Larkspur Lane and south of the Ravinia 11th; this condition requires Pulte to put additional landscaping between the townhomes and the existing wetland. Our landscape plan was updated to meet this condition. Key Facts Current Zone RSF-2 Proposed zoning PUD Proposed use 85 townhomes 44 single family homes* Gross area 35.063 acres Net area 32.38 acres Net density 3.98 units/acre * Ravinia left a couple of small outlots that could be combined with outlots within the proposed application to become lots. This will depend on an agreement to purchase these outlots. The total number of units included in this application relies upon Pulte 4 purchasing these outlots and one previously platted lots from Lennar. If not, then the unit count is lower, but still meets the Met Council required density. This submittal includes: • Application • This narrative • Revised survey, site plan, civil engineering, landscape architecture plans • Home elevations, photos, color palettes, etc. • Check for $12,820 o Final Plat - Base Regular/ OSP $400 fee $5,000 escrow o Final Plat – Per Lot Regular/OSP $15 per lot (128 units) $1920 o PUD Final Development Plan $500 fee $5,000 escrow • Lennar authorization to submit application • Drainage calculations • Additional exhibits and documents included in this application: o Lot area table o Exhibit showing compliance with driveway and home setbacks o Draft HOA documents o Exhibit showing street light locations and details o Draft maintenance agreement between the Ravinia HOA and the Walcott Glen HOA o Exhibit showing snow storage locations o Document vacating the existing access easement TERMINATION OF DRIVEWAY AGREEMENT This TERMINATION OF DRIVEWAY AGREEMENT (this “Termination”) is made as of _______________________, 2022 (the “Effective Date”), by and among PULTE HOMES OF MINNESOTA LLC, a Minnesota limited liability company (“PULTE”), SATYA NARAYAN PRASAD and SWETA PRASAD, a married couple (collectively, PRASAD”) and the CITY OF CORCORAN, a Minnesota municipal corporation (the “CITY”). RECITALS A. PULTE is the owner of that certain real property legally described on Exhibit A attached hereto (collectively, the “Pulte Burdened Parcels”), which are burdened by that certain Driveway Agreement dated June 11, 1981, and recorded on June 30, 1981 as Document No. 4653182 in the Hennepin County, Minnesota Recorder’s Office (the “Agreement”). B. PRASAD is the owner of that certain real property legally described on Exhibit B attached hereto (the “Prasad Burdened Parcel”) which is also burdened by the Agreement. The Pulte Burdened Parcels and the Prasad Burdened Parcel are all of the parcels burdened by the Agreement. C. The covenants and restrictions contained in the Agreement benefit Pulte, Prasad and the City, and are enforceable solely by Pulte, Prasad and the City. D. PULTE, PRASAD and the City desire to terminate and release the Agreement. NOW THEREFORE, in consideration of One Dollar ($1.00) and the mutual covenants and agreements contained herein, the parties hereby declare as follows: 1. The foregoing Recitals are correct and incorporated herein. 2. The Agreement is hereby terminated and released as of the Effective Date. 3. This Termination may be executed in one or more counterparts, each of which shall be deemed an original and together which shall constitute one and the same instrument. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 2 IN WITNESS WHEREOF, Pulte, Prasad and the City have executed this Termination as of the day and year first above written. PULTE HOMES OF MINNESOTA LLC By: _____________________________ Its: ___________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this ______ day of ____________, 2022 by _________________________________________, the _____________________________________ of Pulte Homes of Minnesota LLC, a Minnesota limited liability company, on behalf of the company. Notary 3 PRASAD: ________________________________ Satya Narayan Prasad ________________________________ Sweta Prasad STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this ______ day of _________________, 2022 by Satya Narayan Prasad and Sweta Prasad, a married couple. Notary 4 CITY OF CORCORAN By: ____________________________________ (SEAL) Tom McKee, Mayor AND ___________________________________ Jessica Beise, City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ______________, 2022, by Tom McKee, Mayor, and by Jessica Beise, City Administrator, of the City of Corcoran, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC THIS INSTRUMENT WAS DRAFTED BY: LARKIN HOFFMAN DALY & LINDGREN LTD. 8300 NORMAN CENTER DRIVE SUITE 1000 MINNEAPOLIS, MINNESOTA 55437 (952) 835-3800 5 EXHIBIT A Legal Description of the Pulte Burdened Parcels: Lot 1, Block 3, and Outlots B, C, D and E, Ravinia 11th Addition, Hennepin County Minnesota. AND AND AND AND AND 6 EXHIBIT B Legal Description of the Prasad Burdened Parcel: Lot 1, Block 2, Ravinia 11th Addition, Hennepin County Minnesota. 4868-8337-0264, v. 2 Page 2 of 2 Single Family Villas = Fee waived 100 senior living x $3,141 = $314,100 (27 memory care units / 146) x 21.41 x $4,498 = $17,809 1 daycare facility x $4,498 = $4,498 TOTAL = $336,407 Summary The City Council has a few questions to consider with the applicant’s request. 1. Should the senior living co-op, memory care and daycare facility be considered residential uses? 2. If so, should the City Council approve a PUD amendment to allow the park dedication fees to be deferred to the time of building permit application? 4. Recommendation City staff is not recommending approval of the request to defer the park dedication fees to be paid at time of building permit. The City Council has the following options for action: A. Approve Resolution 2022-100 which amends condition 24(a) in Resolution 2022- 22. or B. Take no action keeping existing Resolution 2022-22 in effect. Attachments 1. Final Plat 2. Site Plan 3. Resolution 2022-100 City of Corcoran August 25, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-100 Page 1 of 3 Motion By: Seconded By: APPROVING AN AMENDMENT TO RESOLUTION 2022-22 APPROVING THE FINAL PUD DEVELOPMENT PLAN FOR “COOK LAKE HIGHLANDS” AT 19220 COUNTY ROAD 10 (PID 25-119-23-14-0003) (CITY FILE 21-057) WHEREAS, Beth Hustad of Trek Real Estate and Development, Inc. (“the applicant”) has received approval of “Cook Lake Highlands” a mixed-use subdivision on property legally described as follows: See Attachment A WHEREAS, the applicant has requested PUD flexibility for a waiver from the Park Dedication standards in Section 955.010, Subd. 7 (C), and; WHEREAS, the City Council considered this request at a public meeting, and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that the Corcoran City Council approves the request, subject to the following conditions: 1. Condition 24 of Resolution 2022-22 shall be revised as follows: Park Dedication will be satisfied cash-in-lieu of land, subject to the following conditions: a. Park dedication shall be subject to park dedication fees in place when each site applies for a building permitthe final plat is released for recording. b. Park dedication is due for 100 senior living units, 27 memory care units and one commercial daycare facility. c. Outlot C shall be dedicated to the City. The preliminary approvals granted waiving of the park dedication fees for the 19 single family villa homes in exchange for Outlot C. 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 25th day of August 2022. City of Corcoran August 25, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-100 Page 2 of 3 ________________________________ Tom McKee - Mayor ATTEST: ____________________________________ City Seal Jessica Beise –City Administrator City of Corcoran August 25, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-100 Page 3 of 3 ATTACHMENT A All that part of Section 25, Township 199, Range 23, Hennepin County, Minnesota, described as follow: All that part of the East ½ of the Northeast ¼ of the Southeast ¼ lying North of County Road No. 10; the East ½ of the Southeast ¼ of the Northeast ¼ and commencing at the Northwest corner of the East ½ of the Southeast ¼ of the Northeast ¼ of said Section; thence parallel with the East line of said Section 1085 feet; thence at right angles West 557.7 feet; thence Northeasterly in a straight line to place of beginning. EXCEPT that part of the East Half of the Southeast Quarter of the Northeast Quarter, Section 25, Township 119, Range 23 Hennepin County, Minnesota, described as follows: Commencing at the Southeast corner of said East Half of the Southeast Quarter of the Northeast Quarter; thence on an assumed bearing of North 01 degrees 09 minutes 16 seconds West, along the East line of said East Half of Southeast Quarter of the Northeast Quarter, a distance of 50.58 feet; thence South 88 degrees 50 minutes 44 seconds West 168.59 feet to the West line of the East 168.59 feet of said East Half of Southeast Quarter of the Northeast Quarter and the point of beginning; thence continuing South 88 degrees 50 minutes 44 seconds West 305.00 feet; thence South 01 degrees 09 minutes 16 seconds East 175.00 feet; thence North 88 degrees 50 minutes 41 seconds East 305.00 feet to said West line of the East 168.59 feet; thence North 01 degrees 09 minutes 16 seconds West, along last said line, a distance of 175.00 feet to the point of beginning. Page 2 of 7 Natural Characteristics of the Site Neither the Natural Resources Inventory Areas map nor the Ecologically Significant Areas map in the2040 Comprehensive Plan identify any significant natural plant communities within the proposed site. The Hennepin County Natural Resources Map identifies potential and probable wetlands. 4. Analysis Sketch Plan The sketch plan shows a 17,200 sq. ft. building with room for future expansion. The current sketch plan includes: •5,000 sq. ft. office •6,000 sq. ft showroom and •6,000 sq. ft. shop The I-1 (Light Industrial) district allows these uses as a permitted use, but states that “New development within this district will be allowed only when a full range of municipal services and facilities are available to serve the area.” Sewer and water are not yet available in this area and the applicant would be requesting a variance to allow development on well and septic. A similar request has been made for the Garages Too (approved) and Pioneer Trail Industrial Park (pending) developments to the west. Lot Standards and Setbacks A comparison of the lot standards for the I-1 district and the concept plan is shown in the table below: Required Proposed (estimated) Minimum lot area 1 acre 9.13 acres Building Setbacks Front, from major roadways 100 ft. N/A Front, from all other streets 50 ft. 400 ft. (east) 170 ft. (north( Side 20 ft. 150 ft. (west) Rear 20 ft. 170 ft. (south) Adjacent to residential 50 ft. 250 ft. (north) Parking Setbacks Front 50 ft. 150 ft. Side / Rear 10 ft. 50 ft. Maximum Principal Building Height 45 ft. Unknown Maximum impervious surface coverage 70% Unknown Figure 3 - Sketch Plan Page 3 of 7 It appears that the sketch plan meets all I-1 lot standards. Buildings/Architecture No detailed information has been provided regarding building architecture at this time. Section 1060.050 Subd. 1(C) of the Zoning Ordinance, which requires buildings in this district to be finished with: a. face brick; b. natural stone or cultured stone; c. decorative concrete block or integral colored block; d. cast in place concrete or pre-cast concrete panels; e. wood, provided the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood, cypress; f. curtain wall panels of steel, fiberglass and aluminum (nonstructural, non-load bearing), provided such panels are factory fabricated and finished with a durable non-fade surface and their fasteners are of a corrosion resistant design. Up to 20% of any wall surface may consist of the materials outlined herein (excludes overhead doors); g. glass curtain wall panels; h. stucco or EIFS; i. fiber cement siding and j. other materials deemed appropriate and subject to approval by the Zoning Administrator. The applicant has verbally indicated that they will comply with these standards by using tip up concrete panels. Staff notes that the architecture standards in Appendix A (Design Guidelines) of the Zoning Ordinance will also apply. Buildings should be designed with quality materials on all sides; all facades shall be articulated with a variety of materials, glazing or other details to add visual interest, although the front façade may have a unique design or more significant glazing; long blank exterior surfaces shall be avoided. Parking and Loading The mix of uses shown on the concept plan would require 30 parking stalls. The plans show 41. All parking and drive aisles must be paved with curb and gutter. At this sketch plan level it is not clear whether the showroom or shop will have loading area with overhead doors, but it is fairly typical. Loading areas are prohibited within 300 feet of residentially zoned or guided property unless completely screened by an Page 4 of 7 intervening building. Loading areas not requiring screening by an intervening building shall be screened from adjacent residentially zoned or guided property by the use of berms, fences, or walls to provide 100 percent opacity to a height of at least 10 feet. The height of the screening shall be measured from the grade of the loading areas. The applicant should be aware of these conditions as the final site plan is prepared. Utilities As noted earlier, the application will require a variance to allow development with well and septic in the MUSA. Utility corridors must be preserved to allow for municipal sanitary sewer and water when available to the site. This may require easements outside of the right-of-way. Stormwater The concept plan does show a stormwater pond on the east side of the site. A stormwater management plan will be required to accommodate for all runoff from the site and associated street improvements. Wetlands As noted previously, the Hennepin County Natural Resources Map identifies several areas probable wetlands on the east side of the site near Rolling Hills Road. A wetland delineation will be required to confirm the location and quality of the wetlands throughout the entire site. Wetland buffers, buffer setbacks and wetland monuments must be provided adjacent to any wetlands. Landscaping The City does not have a tree preservation ordinance, but the applicant is trying to preserve existing trees where possible. Additionally, Section 1060.070 of the Zoning Ordinance requires landscaping to meet the following minimum requirements: a. One overstory tree per 1,000 square feet of gross building floor area or one tree per 50 lineal feet of site perimeter, whichever is greater. b. One understory shrub for each 300 square feet of building or one tree per 30 lineal feet of site perimeter, whichever is greater. This section of the ordinance also requires: • Parking areas with 4 or more stalls shall be screened from properties guided or zoned residential and from public streets. Screening to a height of at least 3 feet shall be provided to screen vehicle headlights. Figure 4-Wetland Map Page 5 of 7 • Loading and service areas shall be screened from properties guided or zoned residential and from public streets. There appears to be adequate space on site to meet this standards. Transportation and Access The Southwest District plan has long envisioned a Highway 55 frontage road between Pioneer Trail and Rolling Hills Road. The west half of this street will be deeded with the Pioneer Trail Industrial Park project. This project will provide the east portion leaving only a section across the Medina Electric property at 22510 Highway 55 to be completed in the future. This street will be an 80-foot right-of-way and will be built to the City standards for a commercial collector street. The applicant has requested that the City Engineer initiate the feasibility study to evaluate the appropriate location for this street to connect to Rolling Hills Road. The feasibility study is in progress but is not yet complete. The location of the new road right-of-way onto existing Rolling Hills Road will need to be finalized based on safe sight lines for the intersection. The intersection location as shown would be preferred from a traffic safety standpoint as it is located on the top of a hill and has adequate site lines in either direction. As noted in the engineer’s memo, the street location as shown would cause a significant amount of fill to be placed at the entrance to accommodate the elevation changes to the west. This would likely require grading impacts onto the adjacent property or a retaining wall to be constructed on or near the lot line to allow for construction of the access. If the location of the access road is shifted south, it will need to be moved approximately 200 feet or more to the south to ensure that safe sight lines exist. The final access location would need to be evaluated fully based on the site conditions. There are wetlands to the south that would need to be avoided or impacts permitted if impacted by entrance if it were shifted south. Parks and Trails The 2040 Comprehensive Plan does not show any parks or trails on this property but does show a future on-road trail on Rolling Hills road. Additionally, sidewalks and trails would be constructed on the new public street. The applicant would be required to provide cash-in-lieu of land for park dedication based on the fee schedule in place at the time the property is platted. Subdivision The applicant would be required to plat the property to dedicate the public street. This would deed the public street and create one lot for the new CDI corporate headquarters building. Page 6 of 7 Next Steps If the applicant chooses to proceed with the application, they will need to submit applications: 1. Preliminary plat 2. Site plan 3. Variance and 4. Final plat. The final plat could be processed currently with the other applications or as a second step. Summary 1. Does the Council support the variance to allow development in the MUSA without municipal sanitary sewer and water? 2. The City Engineer supports the proposed street location but notes that it does require fill and would result in grading the residential properties to the north. Shifting the road 200 feet site to maintain safe sightlines would require changes to this sketch plan and it is not clear whether development would still be feasible. The Council should provide feedback on these options. a. Does the Council support the street location as shown? It provides good sight lines and provides maximum flexibility for development. It keeps the industrial building away from the existing residential area, but would require grading on those properties or a retaining wall adjacent those properties. b. Does the Council support moving the street 200 feet south? This limits development area south of the street and could allow small industrial buildings immediately adjacent to the existing residential property to the north. 3. Does the Council have any input regarding the mix of uses or the site layout? 5. Recommendation The applicant requests comments on this concept plan. Any comments given by the City Council are advisory in nature and non-binding. While the comments are non-binding, the applicant will consider the comments from the City Council when they prepare their formal submittal. Page 7 of 7 Attachments 1. Site Location Map 2. City Engineer’s memo dated August 17, 2022 3. Applicant Narrative received August 9, 2022 4. Sketch Plan received August, 2022 5. Hennepin County Natural Resources Map 6. 2040 Land Use Map 7. 2040 Staging Plan 8. Zoning Map Memo To: Kevin Mattson, City of Corcoran From: Kent Torve, City Engineer Steve Hegland, PE Project: CDI Development Plan Date: August 17, 2022 Exhibits: This Memorandum is based on a review of the following documents: 1. CDI Development Plan By Inside Outside Architecture Inc Dated May 31, 2022 Comments: General: 1. In addition to engineering related comments per these plans, the proposed plans are subject to addition planning, zoning, land-use, and other applicable codes of the City of Corcoran. 2. Final approval by the Elm Creek Watershed Management Commission must be attained before any site grading or activity may commence. 3. For any site activity (demo, grading, utilities, etc.) no closures or restrictions of any kind shall be imposed upon the public use of Rolling Hills Road without the City’s permission. 4. An encroachment agreement shall be required for all site improvements or items placed within the City ROW or easements. Plat: 1. The applicant shall have all drainage and utility easements provided and shown and all platting requirements met per the City Code. Drainage and utility easements (5’ – 10’) shall be provided along property lines, as standard per City requirements. 2. Utility corridors will need to be identified for future corridors for water and sanitary sewer once they become available to the site. This may require additional drainage and utility easements outside of the Right of Way. Erosion Control/SWPPP 1. Preparation of and compliance with a SWPPP shall be required for construction. Transportation 1. Roadway shall be constructed to City Standards for commercial collector roadways. 2. All parking areas shall have concrete curbing and a paved surface. 3. The location of the new road right of way onto existing Rolling Hills Road will need to be finalized based on safe site lines for the intersection. The intersection location as shown would be preferred from a traffic safety standpoint as it is located on the top of a hill and has adequate site lines in either direction. If the location of the access road is shifted south, it will need to be moved approximately 200’ or more to the south to ensure that safe site lines exist. The final access location would need to August 17, 2022 CDI Development Concept Plan Kevin Mattson Page 2 of 3 be evaluated fully based on the site conditions. There are likely wetlands to the south that would need to be avoided or impacts permitted if impacted by entrance if it were shifted south. 4. The roadway location as shown would likely cause a significant amount of fill to be placed at the entrance to accommodate the elevation changes to the west. This would likely require grading impacts onto the adjacent property or a retaining wall to be constructed on or near the lot line to allow for construction of the access. 5. It is assumed that an eastbound right and left turn lane will be necessary for vehicles from the new roadway turning onto Rolling Hills Road. 6. Turn Lanes on Rolling Hills Road onto the new access road are anticipated to be necessary in the future. The necessity and timing of these improvements will be further evaluated with the feasibility study for the development. Grading /Stormwater 1. A stormwater management plan shall be provided to confirm that stormwater management is in accordance with City of Corcoran and Elm Creek Watershed Management Commission Standards. 2. Reference the City of Corcoran Stormwater Guidelines for Development Review for standards for stormwater systems and modeling. 3. Provide P8 or a similar calculation to demonstrate that the site meets the total phosphorous and total suspended solids reduction standards for all treatment practices. 4. The wetland buffer zones and wetland buffer signage shall also be clearly identified and labeled. 5. All pedestrian ramps shall be ADA compliant and detailed designs shall be provided for all landings showing elevations in compliance with those requirements. 6. Easements shall be provided over all storm sewer pipes. Easements shall be shown on the utility plan to ensure they are adequate. 7. Sumps will be required in all storm structures with drops in of 18” or greater as well as the last accessible structures prior to stormwater basins. 8. Label clearly on plans EOF’s for all areas where water will be collected including all low areas in roadways and greenspaces. 9. All drainage swales shall maintain a minimum of 2% slope and all slope should be 4:1 or flatter unless approved by the city engineer. 10. All walls higher than 4’ shall be designed by a certified engineer and the design and certification of those walls shall be provided to the city. 11. The proposed road location may impact a small drainage area from the existing home which drains south through the site. Applicant shall be responsible for ensuring that development does not impact any offsite drainage. 12. Stormwater ponding for the site shall account for all runoff from the site and associated roadway improvements. Watermain/Sanitary Sewer 1. Gas, electric, and other private and public utilities for the site shall be coordinated by the applicant.. Preservation of existing easements and coordination with all public and private utilities must be conducted prior to commencing any grading or construction. 2. Plan and profiles for all utilities shall be provided at the time of final plat submittals. August 17, 2022 CDI Development Concept Plan Kevin Mattson Page 3 of 3 3. Valve locations to be reviewed at time of final plat. Generally valves shall be located at all intersection as one less valve than the number of legs. Valves should typically be located out from the end radius points unless specific circumstances don’t allow. 4. The city may require that a parcel be provided for a future well site at the time of final plat. City shall work with the applicant to determine if appropriate site is available with the proposed development. Other Comments: 1. The applicant shall provide the City a detailed work schedule. The City shall be provided at least 48 hours notice prior to any work commencing, including grading and utility work. End of Comments Hennepin County N atural Resources Map Date: 8/18/2022 Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2022 1 inch = 400 feet Legend Wetlands Potential Wetland - HCWI Probable Wetland - HCWI Probable Wetland - NWI DNR Public Waters FEMA Floodplains - 100 Year A AE FLOODPLAIN AH AO AE FLOODWAY PID: 3211923440003Address: 22320 State Hwy No 55, Corcoran 55340 Owner: Eugene Dabrowski Acres: 9.13 ¯ STAFF REPORT Agenda Item 9a . Council Meeting: August 25, 202 2 Prepared By: Peter Ekenberg and J essica Christensen Buck Topic: Night to Unite Recap – Resolution Accepting Donations Action Required: Summary Summary: The City of Corcor an held its Annual Night to Unite! Celebration on August 2, 2022. Night to Unite! is a statewide event celebrating and strengthening neighborhoods and communities in the City of Corcoran. This event encourages people to have parties and meet and inter act with their neighbors. There were 10 neighborhood parties scheduled throughout the city. All registered neighborhoods received a party pack that included prizes and gift cards donated by local businesses to hand out at their event. Each neighborhood party was visited by the Corcoran Police, a City C ouncil member, and their local fire department. For the first time following COVID-19, the City hosted their annual city-wide party at the Public Works F acility. It is estimated that 800 p eople were in attendance through out the night. The event included the Corcoran Police Department, Loretto Fire, Hanover Fire, Rogers Fire, North Memorial ambulance and air care, Hennepin County emergency management truck, face painting, chalk coloring contest, bounce houses and obstacle course, bean bag boards, prize giveaways, DJ/emcee, numerous commu nity t ables, and food. The success of this program is a direct result of support from Corcoran City Council, community volunteers, City of C orcoran employees, Northwest Area Jaycees, Corcoran Lions, and many local sponsors. Attached to this report is a res olution recognizing the 2022 Night to Unite event and accept ance of donations. Financial/Budget: Funding for the event was provided through a $7,000 allocation from the City and cash donations of $11,150. The City also received donations in the form of prizes, gift cards, discounts, and in-kind food donations from the surrounding community and local businesses. Options: 1. Approve Resolution 2022-96 recognizing the 2022 Night to Unite events and donations. Staff Report—August 25, 2022 Council Meeting Page 2 Recommendation: Approve Resolution 2022-96 recognizing the 2022 Night to Unite events and donations. Council Action: Consider a motion to approve Resolution 2022-96 recognizing the 20 22 Night to Unite events and dona tions. Attachments: 1. Resolution 2022-96 City of Corcoran August 25, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-96 Page 1 of 2 Motion By: Seconded By: A RESOLUTION RECOGNIZING THE 2022 NIGHT TO UNITE EVENTS AND DONATIONS WHEREAS, the City Council of the City of Corcoran, Minnesota, does hereby find as follows: WHEREAS, Night to Unite is a statewide event that is done to celebrate & strengthen neighborhood and community relationships in participating communities; and WHEREAS, the City of Corcoran supports the efforts of the 7th Annual Night to Unite Events on August 2, 2022; and WHEREAS, the Corcoran Night to Unite events consisted of ten neighborhood parties and one City sponsored party located at the Public Works Facility ; and WHEREAS, the success of this program is a direct result of support from the City Council, community volunteers, the City of Corcoran employees, the Northwest Area Jaycees, the Corcoran Lions, and our local businesses and sponsors; and WHEREAS, the Exhibit A outlines the financial and in-kind contribution to the City of Corcoran to be utilized in support of the Night to Unite events; NOW THEREFORE BE IT RESOLVED, the City Council of the City of Corcoran acknowledges the outstanding efforts by the Night to Unite planning team, event staff, and volunteers, and the generosity of all donors and graciously accepts the financial donations as listed. 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 25th day of August 2022. ________________________________ Tom McKee – Mayor City Seal ATTEST: ____________________________________ Jessica Beise – City Administrator City of Corcoran August 25, 2022 County of Hennepin State of Minnesota RESOLUTION NO. 2022-96 Page 2 of 2 Exhibit A Item Donated amount Company 2 gift baskets $50.00 Raising Cane's Chicken Fingers 25% Discount $36.50 Cabela's Gift cards, ice, and soda $750.00 Corcoran Crossroads $1,000 check $1,000.00 Corcoran Lions 1 Root beer keg $75.00 Dahlheimer Beverage Play cards $92.00 Dave and Busters Napkins $250.00 Farmer's State Bank of Hamel $150 check $150.00 Farmer's State Bank of Hamel Food at a discount $756.73 Hy-Vee Grocery Store Bowling coupons $100.00 Medina Entertainment Center Toy cars and gift cards $250.00 Napa Auto Parts $10,000 cash $10,000.00 NW Area Jaycees 8 - 18 hole golf passes $280.00 Pheasant Acres 5 - $20 off $50 coupon $100.00 Phil's Quality Automotive 500+ Coupons ($15 off $30, 10% off $100); Gift certificates $500.00 ProTech Automotive 4 - $25 Gift Cards $100.00 Rock Elm Tavern $50 Gift Card $50.00 Sam's Club (Maple Grove) 4 - 18 hole golf passes; 5 - 9 hole golf passes $255.00 Shamrock Golf Course 2 Outfield Reserved Tickets $30.00 St. Paul Saints $250 E-Gift Card $250.00 Target (Medina) DJ $200.00 The Stanchion $50 Gift Card $50.00 Walmart Miscellaneous Westside Tire swag $150.00 Westside Tire Raffle prizes (tv, 2 JBL speakers) $500.00 Target (Maple Grove) STAFF REPORT Agenda Item: 9b. Council Meeting: August 25, 2022 Prepared By: Jessica Beise Topic: Planning Commission Appointment Action Required: Appointment Summary: The City accepted a notice of resignation from Dean Jacobs of the Planni ng Commission. Council recognized Dean for his years on the Planning Commission and declared a vacancy on July 14, 2022. The vacancy was advertised. Council ha d applications from the November 2021 vacancy and received one additional vacancy. Mayor McKee and Councilor B ottema consist of the commission appointment subcommittee for this appointment. The subcomittee is review ing the applications and will attempt to reach out to candidates prior to the meeting. The subcomittee recommends appointment if candidates can be reached, or tabl ing appointment to a future meeting. Financial/Budget: Planning Commission members serve without compensation. Options: 1.Appoint an individual to the Planning Commission as recommended by the commission appointment subcommittee . Recommendation: Staff recommends using the most recent applicant list to consider an appo intment. Council Action: Consider a motion to appoint an individual to the Planning Commission for a term ending February 28, 2025. Attachments: 1.Application - Randall Ferrian 2.Application - Stanislav Manchik 3.Application – Jason Woody 4.Application – Jon Horn STAFF REPORT Agenda Item: 9c. Council Meeting: August 25, 2022 Prepared By: Kevin Mattson Topic: City Center Drive & 79th Place Mass Grading and Stormwater Improvements – Cost Share Agreement Action Required: Approval Summary: Staff is working with St. Therese on the City Center Drive & 79th Place Mass Grading and Stormwater Improvements – Cost Share Agreement. An agreement may be ready for approval at this meeting. If the agreement is ready for approval, staff will provide it b efore the meeting. If the agreement is not brought forward, staff will bring it forward at a future meeting. Financial/Budget: A financial plan will be provided with the cost share agreement. Options: 1.To be presented with the agreement. Recommendation: Staff will provide a recommendation with the agreement. Council Action: Consider a motion to approve the agreement as recommended. Attachments: 1.Cost Share Agreement – To be provided prior to the meeting STAFF REPORT Agenda Item: 9d. Council Meeting: August 25, 2022 Prepared By: Jessica Beise Topic: 2023-2025 Labor Agreement Action Required: Approval Summary: The existing union agreement between the City of Corcoran and Minnesota Teamsters Public and Law Enforcement Employees’ Union, Local No. 320 expires at the end of 2022. Earlier this year, Councilmember Bottema and Mayor McKee volunteered to be the Council liaisons for this process and have been involved in negotiations over the last few months. A verbal tentative agreement has been reached between the City negotiation representatives and the Union negotiation representatives. Staff is working with the union to finalize the changes to agreement. Staff will provide a copy of the agreement and an outline of changes from the current labor agreement to Council. Financial/Budget: The contents of the Labor Agreement are incorporated into the most recent draft of the budget. Options: 1. To be presented with the agreement. Recommendation: If the agreement is received, staff outline is completed by August 23, and Council has had ample opportunity to review agreement, staff will make appropriate recommendations to approve the agreement. If the final document is not ready for Council review, staff recommends moving the agreement to the September 8 Council meeting. Council Action: Consider a motion to approve the agreement as recommended, or move to the September 8 Council meeting. Attachments: 1. 2023-2025 Labor Agreement - To Be Provided Prior to the Meeting STAFF REPORT Agenda Item: 10a. Council Meeting: August 25, 2022 Prepared By: Jessica Beise Topic: Tuition Reimbursement Request Action Required: Approval Summary: Staff has received a request to utilize the tuition reimbursement program outlined in the Employee Handbook. The tuition reimbursement section of the handbook allows employees an opportunity to further their education and seek reimbursement from the City if courses are related to the employee’s current position or a promotional opportunity. Below in italics is the language in the Employee Handbook. Tuition Reimbursement To be considered for tuition reimbursement the employee must be in good standing and have been employed by the City for at least one year. All requests for tuition reimbursement will be considered on a case-by-case basis by the City Administrator or Director of Public Safety, with final approval/disapproval provided by the City Council. Courses taken for credit at an approved educational institution must meet the following criteria to be approved for reimbursement: • Courses must be directly related to the employee's present position (whether required for a degree program or not); OR • Courses must be directly related to a reasonable promotional opportunity in the same field of work as present position (whether part of a degree program or not). AND • The City will pay the cost of tuition upon successful completion (C grade or better; “pass” in a pass/fail course) of the approved course. Reimbursements will be prorated for part-time employees. The maximum reimbursement per course will be based on an a verage course cost at the University of Minnesota. Employees may elect to attend a more costly school provided they pay the difference in cost. AND • Employees must reimburse the City if they voluntarily leave employment within twelve (12) months of receiving tuition reimbursement from the City. Recreation Supervisor Christensen Buck is looking to pursue a Master’s in Public Administration from Hamline University this spring. The tuition cost for the University of Minnesota’s graduate program in Public Affairs, is $1,694 per credit with a total number of 30 credits required for the degree. The tuition cost for the Hamline University graduate program in Public Administration is $581 per credit with a total number of 48 credits required for the degree. Based on the per credit cost, the proposed Hamline program is less than the University of Minnesota program. Recreation Supervisor Christensen Buck is requesting the City cover the cost of one course per semester (3 courses at 4 credits each; $6,972) and Recreation Supervisor Christensen Buck would cover the cost of one course per semester (3 courses at 4 credits each; $6,972). Staff has reviewed the request and is supportive of professional development and educational opportunities. Staff recommends supporting a reimbursement rate of one class per semester with a maximum of three classes per year . Financial/Budget: Costs for the tuition reimbursement program would be presented as part of the final 202 3 budget. Per Recreation Supervisor Christensen Buck’s proposal, the tuition reimbursement amount is $6,972 for 2023. Options: 1. Direct staff to incorporate a tuition reimbursement of one class per semester up to three classes in the final 2023 budget 2. Approve a tuition reimbursement at a different rate. 3. Decline to approve tuition reimbursement at this time. Recommendation: Direct staff to incorporate a tuition reimbursement of one class per semester up to three classes in the final 2023 budget. Council Action: Consider a motion to direct staff to incorporate a tuition reimbursement of one class per semester up to three classes in the final 202 3 budget. Attachments: 1. Tuition Reimbursement Request August 25, 2022 To Jessica Beise, City Council, and Mayor: During my time with the City, I have contemplated attending a graduate program to obtain my Master’s in Public Administration (MPA). I strongly believe that this will be beneficial for the City as we continue to grow and develop our park system. With the additional park land, the knowledge, perspectives, and connections from both the program and the other individuals that are enrolled will provide better insight and understanding of what is required to evolve the Parks and Recreation division for the City. The cost of the program is currently at $581 per credit for a total of 48 graduate credits required to complete the program. I am asking the City of Corcoran approve tuition reimbursement per the city policy and in agreement with the police bargaining unit of one class per term (spring, summer, and fall) starting with the spring 2023 semester. One four credit class per term after the 10% deduction, as the City is part of the learning partnership through Hamline, is applied for the 2023 budget year equals $523 per credit multiplied by 12 credits equals $6,276. In addition to the City’s contribution, I will be covering the remainder of the costs associated as there are 2 courses (4 credits per course), some additional fees per semester, and the cost of books per course. The personal contribution will exceed that of the City’s, which I feel is equally as important as the benefit is both for the City as well as myself. In conclusion, I appreciate the time that the leadership team and City Council have spent reviewing my request and am excited at the potential opportunity to continue my education and further serve the City of Corcoran the best that I can. Respectfully, Jessica Christensen Buck Recreation Supervisor STAFF REPORT Agenda Item: 10 b. Council Meeting: August 25, 2022 Prepared By: Jessica Beise Topic: Request for Council Work Session Action Required: Direction Summary: St. Therese is finalizing the items to begin construction on their project. One of the items St. Therese is working on includes bonding for the project. IRS code allows private companies, non-profit organizations , and other public entities, to raise funds for large scale projects through bond conduit financing. St. Therese would like to provide information on bond conduit financing and understand if there is support by the City of Corcoran to act as a bond conduit. Staff would recommend hosting a work ses sion on September 8 at 5:30 pm. The City of Corcoran has not been a bond conduit to my knowledge. Other municipalities do serve as a conduit financier and receive a fee for acting as a conduit. Financial/Budget: There are no implications to the budget to consider. Options: 1.Schedule a work session on September 8, 2022, at 5:30 pm. 2.Decline to schedule a work session on September 8, 2022 , at 5:30 pm. Recommendation: Provide feedback on whether to host a work session on the topic. Council Action: Consider a motion to schedule a work session on September 8, 2022, at 5:30pm. Attachments: None STAFF REPORT Agenda Item: 10c. Council Meeting: August 25, 2022 Prepared By: Jessica Beise Topic: Request for Sign Ordinance Amendment Action Required: Direction Summary: The City has been completing code enforcement as directed by the Council related to signs. The Corcoran Lions received a violation as the City does not currently allow temporary signs on off-site signage and limits the number of periods a temporary sign can be approved. Staff received a request for a sign ordinance amendment from the Corcoran Lions. Staff would like to understand if City is interested in moving forward with the request and if this will be a City -initiated project. Financial/Budget: Financial implications include staff time reviewing sign ordinance amendment and publication costs. Options: 1.Provide direction to staff on amending the ordinance and if it will be a City -initiated project. Recommendation: Provide feedback on the request. Council Action: Provide direction to staff on amending the ordinance and if it will be a City -initiated project. Attachments: 1.Request – Sign Ordinance Amendment 10c1. Additional Item 1 Jessica Beise From:Poppy <davpop@embarqmail.com> Sent:Tuesday, August 16, 2022 9:17 PM To:Jessica Beise Subject:Sign violation The Corcoran Lions have received a violation notice for signage. The Corcoran Lions request that the City Council review the City code to allow for temporary sign permits related to community events. The Lions would like to continue to have signage on multiple properties as they have in the past and allow for signage for 7 events that are at held at Lions park (Tractor Pulls, Hennepin County Fair, Hamel Rodeo, Country Daze, Demo Debry and Haunted Acres). The Lions request that the City initiate the sign ordinance change and bear the cost of the change. We look forward to working with you to amend the code and continue to host impactful community events in Corcoran. Agenda Item: 11a. Page 1 of 3 8200 County Road 116, Corcoran, MN 55340 763-420-2288 email: general@corcoranmn.gov / website: www.corcoranmn.gov MEMO Meeting Date: To: From: Re: August 25, 2022 City Council Natalie Davis McKeown, Planner Active Corcoran Planning Applications The following is a status summary of active planning projects: 1.Planned Unit Development (PUD) Sketch Plan and EAW for “Corcoran Farms Business Park” at 20130 Larkin Road (PID 26-119-23-13-0006) (City File No. 22-006). The applicant submitted a sketch plan for five industrial buildings totaling 726,396 sq. ft. They are requesting a PUD to allow reduced setbacks. The City Council reviewed and provided comment on February 24th. Staff drafted the EAW, and the City Council ordered distribution of the draft EAW for review and comment at the May 26th Council meeting. The Council is anticipated to finalize the Notice of Decision for the EAW at their August 11th meeting. 2.Final Plat and Final PUD for “Tavera 4th Addition” (City File No. 22-028). The final plat is for 80 single-family homes and 42 twin-homes located north of the main entrance at Horseshoe Trail. This item was reviewed at the June 16th Parks and Trails Commission meeting. The Final Plat and Final PUD was approved at the July 28th City Council meeting. 3.Azalea Farms Event Center IUP (PID 16-119-23-23-0001) (City File No. 22-030). An application was submitted for an Event Center at 22165 County Road 10. The applicant anticipates hosting weddings once a week throughout the summer months. The application was determined to be incomplete for review and is not yet scheduled for a public hearing with the Planning Commission. 4.Brown Easement Vacation (PID 05-119-23-13-0008) (City File No. 22-032). Blair Brown submitted an application for an easement vacation to address a drainage and utility easement through the middle of her property that was established based on a previous lot line that was later removed as part of a lot consolidation. A public hearing for this item was held at the City Council meeting on July 28th, and the request was approved at the same meeting. 5.Corner Lot Frontage and Fences ZOA (City File No. 22-033). Staff received direction at the June 9th Council meeting on potential solutions for additional fence flexibility within front yards as well as identifying a primary front yard for lots with multiple frontages. The City Council reviewed a draft ordinance at the August 11th meeting and directed staff to limit the focus of the amendment to reduce the setback for fences to 25’. This item was identified as a Top 4 priority Page 2 of 3 for staff to focus efforts in 2022 and is scheduled for a public hearing at the September 1st Planning Commission meeting. 6. Transition/Buffer Zones ZOA (City File 22-034). At the July 14th City Council confirmed, this item was confirmed as a Top 4 priority for staff to focus efforts on in the remainder of 2022. Staff is working on preparing a draft based on feedback provided at the May 12th work session. The draft is tentatively scheduled to go back in front of City Council in October before being sent to the Planning Commission for a public hearing. 7. MS4 Update (City File 22-035). Public Works is working on a code update to incorporate new MS4 requirements. The proposed verbiage is tentatively scheduled for City Council review and action at the October 13th regular meeting. A public hearing is not required. 8. Walcott Glen Final Plat and PUD (PIDs 36-119-23-44-0013, 36-119-23-44-0009, 36-119-23- 44-0008, 36-119-23-44-0010, 36-119-23-44-0014, 36-119-23-44-0031, 36-119-23-44-0024, 36-119-23-44-0033, and 36-119-23-c44-0030) (City File No. 22-036). Pulte submitted an application for the final plat and PUD plan for Walcott Glen. The item is scheduled for final action at the City Council meeting on August 25th. 9. Ravinia 13th PUD Amendment – Tabor Fence (PID 36-119-23-21-0012) (City File No. 22- 037). Lennar submitted a request for PUD flexibility to allow for a screening fence between a Ravinia lot and larger residential lot that pre-dates Ravinia. The 6’ fence will encroach into the required front setback and into the City’s dedicated road right-of-way at the end of Black Oak Lane. If granted, the flexibility would be allowed until which time the larger lot re-develops and/or Black Oak Lane right-of-way is improved. City Council is approved this request at the July 28th meeting. 10. Vollrath Ag Shop CUP (PID 20-119-23-22-0003) (City File No. 22-038). Trent Vollrath submitted an application for a conditional use permit to allow an agricultural building as the primary structure on an otherwise vacant lot that is actively farmed. The application was deemed incomplete and is not currently scheduled for review by the Planning Commission or City Council. 11. Pioneer Trail Industrial Park, Rezoning and Preliminary Plat and PUD (PID 32-119-23-34- 0013, 32-119-23-34-0007, 32-119-23-43-0005 and 32-119-23-43-0006) (City File No. 22- 039). An application was submitted to move forward with the preliminary approvals for the Pioneer Trail Industrial Park off Highway 55. The item is still incomplete as of this memo, but their expected to finalize their submittal by August 1st. This item is tentatively scheduled for the October 6th public hearing with the Planning Commission. 12. Wright Hennepin Energy Final Plat (PID 25-119-23-23-0001) (City File No. 22-041). WHE submitted their final plat application. The item is scheduled for final action at the August 11th Council meeting. 13. Corcoran Farms Business Park Rezoning and Preliminary Plat and PUD at 20130 Larkin Road (PID 26-119-23-13-0006) (City File No. 22-044). The City received a second industrial PUD application. This item was deemed incomplete pending the final decision for the EAW. The item could be scheduled for a public hearing as soon as the October Planning Commission meeting. 14. PUD Standards ZOA (City File No. 22-045). At their July 14th meeting, the City Council identified updating the PUD ordinance as a Top 4 priority for staff to focus efforts on in the remainder of 2022. The Council held a work session on July 28th to establish further direction on the desired updates to the PUD ordinance. Staff will take this feedback to establish a first draft for further review by the Council at an upcoming meeting. 15. Rental Ordinance (City File No. 22-046). At their July 14th meeting, the City Council identified Page 3 of 3 establishing a rental ordinance as a Top 4 priority for staff to focus efforts on in the remainder of 2022. Staff is currently completing research with tentative plans to present findings to Council and obtain further direction at the September 22nd work session. 16. Brown Riding Arena CUP (PID 05-119-23-13-0008) (City File No. 22-047). An application was submitted to allow a horse-riding arena on a ten-acre parcel as the structure, in conjunction with the necessary horse barn, will be in excess of the accessory structure footprint permitted by right. This item is scheduled for a public hearing at the September 1st Planning Commission meeting and will be reviewed by Council on September 22nd. 17. Pro-Tech Site Plan, CUP, and Variance (PID 26-119-23-11-0020) (City File No. 22-048). An application was submitted to move forward with the site plan, CUP, and variance for an expansion of Pro-Tech Auto. This item is scheduled for a public hearing at the September 1st Planning Commission meeting and will be reviewed by Council on September 22nd. 18. O’Brien Sketch Plan (PID 32-119-23-44-0003) (City File No. 22-049). A sketch plan application was submitted for corporate offices of Crystal Distribution Inc (CDI) spanning 15,000 square feet at 22320 Highway 55. The item will be reviewed by Council at the August 25th Council meeting. 19. Water Treatment Plan Site Plan (PID 12-119-23-22-0010) (City File No. 22-052). A site plan application was submitted by Stantec to move forward with the site for the City’s water treatment plant located at 10120 County Road 116 in the Northeast District. The item is scheduled for review at the September 1st Planning Commission meeting and September 22nd City Council meeting. 20. St. Therese Site Plan Amendment (PID 24-119-23-23-0001) (City File No. 22-053). St. Therese submitted a request to modify their building plan. These changes will allow for the Skilled Nursing portion of the project to be added as a future phase and will expand the Memory Care component from 17 units to 20 units. The change involves less than 10% of the total existing site area and qualifies as a minor change that will be reviewed administratively. 21. Slabaugh Variance (PID 10-119-23-21-0014) (City File No. 22-054). Gideon and Heather Slabaugh submitted a variance request to allow a covered porch to encroach within the front setback of their property at 9925 Ebert Road. This item is currently under review for completeness. If deemed complete, this would be scheduled for Planning Commission and City Council meetings in October. 22. Tharp Accessory Structure CUP (PID 11-119-23-31-0011) (City File No. 22-055). Shawn Tharp submitted an application to allow for future expansions of an accessory structure that will exceed a footprint of 3,969 square feet. The structure would be located at 20420 Duffney Circle which is over 10 acres in size, so the property owner can exceed the allowable footprint through a CUP. This item is currently under review for completeness. If deemed complete, this would be scheduled for a public hearing at the Planning Commission and City Council review in October. 23. Bellwether Drainage and Utility Easement Vacations (City File No. 22-056). Pulte submitted a request to vacate several easements previously established over various outlots in Bellwether and Bellwether 6th. These outlots are being re-platted as a part of Amberly 2nd, Bellwether 8th, and Bellwether 9th. New easements are to be deeded with these new subdivisions. This item is scheduled for a public hearing at the September 8th City Council meeting. Page 2 of 2 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 • Voting Precincts for 2023 • Council Calendar 2023 December 22, 2022 • Active Corcoran Planning Applications