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HomeMy WebLinkAbout2024-08-08 Council Agenda PacketCorcoran City Council Agenda August 8, 2024, 7:00 pm IGINAL 1.Call to Order / Roll Call 2.Pledge of Allegiance 3.Agenda Approval 4.Open Forum – Public Comment Opportunity 5.Consent Agenda a.Financial Claims August 8, 2024 b.Bellwether 10th FP and FPUD (city file 24-020) c.Community Service Officer Hiring d.Admin Asst Resignation and Deputy Clerk Hiring e.Finance Manager Resignation and Hiring f.Watershed Commissioner Resignation and Publish Vacancy g.City Center and 79th Place – Pay Request #5 h.Bellweather Boardwalk Update i.Corcoran Storage II (city file (23-016) j.Fee Schedule Update k.Police Protective Equipment 6.Planning Business a.Public Hearing for Bellwether Easement Vacation 7.Unfinished Business -- Public Comment Opportunity a.Solicitation Ordinance b.City Cropland Update 8.2024 City Council Schedule 9.Adjournment 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: 845 8754 1654 Video Link and Instructions: https://us02web.zoom.us/j/84587541654 visit http://www.zoom.us and enter Meeting ID: 845 8754 1654 *Please note in-person comments will be taken at the scheduled meeting where noted. Comments received via email to City Administrator Tobin at jtobin@corcoranmn.gov or via public comment cards will also be accepted. All email and public comment cards must be received by the Wednesday prior to scheduled Council meeting. For more information on options to provide public comment visit: www.corcoranmn.gov Materials relating to 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. Agenda Item 7a. Council Meeting Date:8/8/2024 Prepared By:Jodie Peterson Amount Project name $0.00 -$ $351,344.57 $351,344.57 209,424.79$ 560,769.36$ Date Paid to Amount Description 7/19/2024 ADP PAYROLL FEES 386.21$ Payoll Processing Fee 7/23/2024 MN DEPT OF REVEN 145.07$ Fuel Tax 7/25/2024 ADP WAGE PAY 132,481.35$ Net Payroll and Taxes 7/26/2024 ADP PAYROLL FEES 124.80$ Payoll Processing Fee 7/26/2024 MN PERA 27,666.62$ Employee Pension 7/29/2024 EMPOWER 5,930.78$ Employee Deferred Comp/Healthcare Savings 7/29/2024 Optum Bank 4,230.35$ Employee HSA 8/1/2024 Healthpartners 38,459.61$ Employee Health Insurance Premium Total 209,424.79$ FINANCIAL CLAIMS CHECK RANGE FUND #500 ESCROW CLAIMS Paid to SEE THE REGISTER FOR #500 CLAIMS Total Total Fund #500 = (See attached Payments Detail) TOTAL EXPENDITURES FOR APPROVAL Auto Deductions / Electronic Fund Transfer / Other Disbursements ALL OTHER FINANCIAL CLAIMS Check Register (See attached Check Detail Registers) Total Checks Total of Auto Deductions CHECK REGISTER - COUNCIL INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 1/7Page: 08/01/2024 02:23 PM User: jpeterson DB: Corcoran EXP CHECK RUN DATES 07/26/2024 - 08/08/2024 JOURNALIZED PAID - CHECK TYPE: PAPER CHECK Check AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 35785 357852.09 08/08/24130045349SAW CHAIN FILEACME TOOLS07/18/24100-43100-50225 3578512.47 08/08/2413045616PIPES/FILTER FUELACME TOOLS07/18/24100-45200-50210 14.56 Total For Check 35785 Check 35786 3578623.40 08/08/2419CJ-1DNF-LNTKOFFICE SUPPLIES - RUBBER BANDS AND AMAZON CAPITAL SERVICES07/28/24100-41900-50200 357868.82 08/08/241NRN-NX19-YCC4LITHIUM BATTERYAMAZON CAPITAL SERVICES07/22/24100-42100-50200 35786107.84 08/08/241VJJ-R7J1-NX3WK9 OFFICER SUPPLIES - DOG BED AND AMAZON CAPITAL SERVICES07/21/24100-42100-50438 35786246.46 08/08/2413RW-DLDT-PYNHNOISE CANCELLING HEADPHONES AND CHAMAZON CAPITAL SERVICES07/21/24100-43100-50210 3578670.40 08/08/241YKQ-L1PV-KGR1K9 OFFICER SUPPLIES - LEAD TRAININAMAZON CAPITAL SERVICES07/28/24416-42100-50210 456.92 Total For Check 35786 Check 35787 35787100.00 08/08/24PU24-0065DUPLICATE PAYMENT REFUND INV-PU24-AMY CLARK07/03/24100-00000-34300 100.00 Total For Check 35787 Check 35788 3578840.53 08/08/242672548UNLEADED FUELBEAUDRY OIL COMPANY07/15/24100-41900-50212 3578823.93 08/08/242670935UNLEADED FUELBEAUDRY OIL COMPANY07/11/24100-41900-50212 357881,242.81 08/08/242672548UNLEADED FUELBEAUDRY OIL COMPANY07/15/24100-42100-50212 35788733.96 08/08/242670935UNLEADED FUELBEAUDRY OIL COMPANY07/11/24100-42100-50212 3578867.54 08/08/242672548UNLEADED FUELBEAUDRY OIL COMPANY07/15/24100-43100-50212 3578839.89 08/08/242670935UNLEADED FUELBEAUDRY OIL COMPANY07/11/24100-43100-50212 357881,703.66 08/08/242672547ULS DYED KODIAKBEAUDRY OIL COMPANY07/15/24100-43100-50212 3,852.32 Total For Check 35788 Check 35789 35789302.88 08/08/2464918ROAD BASE ROCK 3" WITH FINESBRYAN ROCK PRODUCTS INC06/30/24100-42100-50210 302.88 Total For Check 35789 Check 35790 35790680.00 08/08/24154986PERMIT APPLICATION SERVICE FEE (04BS& A SOFTWARE08/01/24100-41920-50210 680.00 Total For Check 35790 Check 35791 3579131.71 08/08/244199837300CITY HALL FLOOR MATSCINTAS - 47007/24/24100-41900-50400 3579125.95 08/08/244199198561SMALL SHOP TOWELSCINTAS - 47007/17/24100-43100-50400 3579129.58 08/08/2441991984490UNIFORM/DISPOSABLE BATHROOM MATSCINTAS - 47007/17/24100-43100-50400 3579125.91 08/08/244199837392SMALL SHOP TOWELSCINTAS - 47007/24/24100-43100-50400 357915.56 08/08/244199837353UNIFORMS/DISPOSABLE BATHROOM MATSCINTAS - 47007/24/24100-43100-50400 35791195.27 08/08/244199198665UNIFORMSCINTAS - 47007/17/24100-43100-50417 3579164.22 08/08/2441991984490UNIFORM/DISPOSABLE BATHROOM MATSCINTAS - 47007/17/24100-43100-50417 3579165.17 08/08/244199837353UNIFORMS/DISPOSABLE BATHROOM MATSCINTAS - 47007/24/24100-43100-50417 35791182.05 08/08/244199837450UNIFORMSCINTAS - 47007/24/24100-43100-50417 625.42 Total For Check 35791 Check 35792 35792295.05 08/08/24209242513INTERNET JULY 2024COMCAST - 93089903507/01/24100-43100-50380 295.05 Total For Check 35792 Check 35793 357932,472.00 08/08/24379832MONTHLY BILLING FOR JULY 2024COMPUTER INTEGRATION TECH07/15/24100-41920-50300 357933,816.00 08/08/24380097MONTHLY MANAGED SERVICES FOR AUGUSCOMPUTER INTEGRATION TECH07/15/24100-41920-50300 3579359.00 08/08/24379259MONTHLY MANAGED SERVICES RETAINERCOMPUTER INTEGRATION TECH07/11/24100-41920-50300 35793885.00 08/08/24379362SIRIS 4 - P4000 BACKUP BILLING - ACOMPUTER INTEGRATION TECH07/15/24100-41920-50300 CHECK REGISTER - COUNCIL INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 2/7Page: 08/01/2024 02:23 PM User: jpeterson DB: Corcoran EXP CHECK RUN DATES 07/26/2024 - 08/08/2024 JOURNALIZED PAID - CHECK TYPE: PAPER CHECK Check AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 35793 35793128.16 08/08/24380388ADOBE ACROBAT SUBSCRIPTIONCOMPUTER INTEGRATION TECH07/15/24100-41920-50308 357931,092.80 08/08/243804123 YEAR PREMIER SUP PLUS SUBSCRIPTICOMPUTER INTEGRATION TECH07/17/24100-41920-50308 8,452.96 Total For Check 35793 Check 35794 3579430.00 08/08/24073120242024 SUMMER SOCCER REFEREE TIMECOOPER HENSEL07/31/24100-45100-50300 30.00 Total For Check 35794 Check 35795 3579545.40 08/08/24114X98118504OFFICE WATERCULLIGAN BOTTLED WATER06/30/24100-41900-50210 45.40 Total For Check 35795 Check 35796 357967,260.00 08/08/2407302024TUITION REIMBURSEMENTDWIGHT KLINGBEIL07/31/24100-41910-50207 7,260.00 Total For Check 35796 Check 35797 3579794.98 08/08/24100811AUG 1 PUBLIC HEARING FOR DEVELOPMEECM PUBLISHERS INC07/18/24100-41900-50350 35797110.81 08/08/241008113ORDINANCE NO. 2024-527ECM PUBLISHERS INC07/18/24100-41900-50350 35797110.81 08/08/241008112ORDINANCE NO. 2024-525ECM PUBLISHERS INC07/18/24100-41900-50350 3579794.98 08/08/241008110AUG. 1ST PUBLIC HEARING FOR 22355 ECM PUBLISHERS INC07/18/24100-41900-50350 3579755.41 08/08/241008109P.A.T. FROM PRIMARY ELECTIONSECM PUBLISHERS INC07/18/24100-41900-50350 466.99 Total For Check 35797 Check 35798 35798345.71 08/08/24188053" CLEAR RECYCLEFEHN COMPANIES07/09/24100-42100-50210 345.71 Total For Check 35798 Check 35799 357995,100.00 08/08/24FL93667TRAINING TRACKER SOFTWARE MEMBERSHFRONTLINE PUBLIC SAFETY05/20/24100-42100-50308 5,100.00 Total For Check 35799 Check 35800 35800192.31 08/08/2407312024DEPENDENT CARE REIMBURSEMENTMATT GOTTSCHALK07/31/24100-00000-21710 192.31 Total For Check 35800 Check 35801 3580126.04 08/08/241000229496JAIL CHARGES MAY 2024HENN CO SHERIFF07/09/24100-42100-50305 26.04 Total For Check 35801 Check 35802 3580220,952.67 08/08/24023-058-7CORCORAN PARK PLANNING AND DESIGNHKGI07/13/24100-41900-50300 20,952.67 Total For Check 35802 Check 35803 35803267.46 08/08/2407192024MILEAGE REIMBURSEMENT JUNE 2024JASON TOBIN07/19/24100-41320-50331 267.46 Total For Check 35803 Check 35804 35804298.93 08/08/2407292024RECRUITMENT AND RETENTION REIMBURSJESSICA CHRISTENSEN BUCK07/29/24100-45100-50307 298.93 Total For Check 35804 Check 35805 3580514,795.79 08/08/242383SQUAD 569 REPAIRLORETTO AUTO BODY07/08/24100-42100-50403 14,795.79 Total For Check 35805 CHECK REGISTER - COUNCIL INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 3/7Page: 08/01/2024 02:23 PM User: jpeterson DB: Corcoran EXP CHECK RUN DATES 07/26/2024 - 08/08/2024 JOURNALIZED PAID - CHECK TYPE: PAPER CHECK Check AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 35806 35806120.00 08/08/24073120242024 SUMMER SOCCER REFEREE TIMELUCY PENNINGS07/31/24100-45100-50300 120.00 Total For Check 35806 Check 35807 35807390.00 08/08/242829MANDATORY CHECK IN MARIE RIDGEWAY LICSW, LLC07/31/24100-41900-50300 390.00 Total For Check 35807 Check 35808 3580835.98 08/08/2434720COOLERMENARDS MAPLE GROVE07/08/24201-42100-50210 35808292.32 08/08/2435312NATIONAL NIGHT OUT - WATER 24 PACKMENARDS MAPLE GROVE07/23/24202-42100-50210 328.30 Total For Check 35808 Check 35809 3580989.02 08/08/2408012024AUGUST 2024 DENTAL INSURANCEMETLIFE08/01/24100-00000-20205 3580929.17 08/08/2408012024AUGUST 2024 DENTAL INSURANCEMETLIFE08/01/24100-41320-50130 3580987.51 08/08/2408012024AUGUST 2024 DENTAL INSURANCEMETLIFE08/01/24100-41400-50130 3580989.02 08/08/2408012024AUGUST 2024 DENTAL INSURANCEMETLIFE08/01/24100-41500-50130 35809125.45 08/08/2408012024AUGUST 2024 DENTAL INSURANCEMETLIFE08/01/24100-41910-50130 35809280.07 08/08/2408012024AUGUST 2024 DENTAL INSURANCEMETLIFE08/01/24100-42100-50130 3580959.85 08/08/2408012024AUGUST 2024 DENTAL INSURANCEMETLIFE08/01/24100-42102-50130 3580959.85 08/08/2408012024AUGUST 2024 DENTAL INSURANCEMETLIFE08/01/24100-42400-50130 35809281.58 08/08/2408012024AUGUST 2024 DENTAL INSURANCEMETLIFE08/01/24100-43100-50130 3580914.59 08/08/2408012024AUGUST 2024 DENTAL INSURANCEMETLIFE08/01/24100-45100-50130 3580914.58 08/08/2408012024AUGUST 2024 DENTAL INSURANCEMETLIFE08/01/24100-45200-50130 1,130.69 Total For Check 35809 Check 35810 3581063,222.84 08/08/244205FINALIZED PERMITS JUNE 2024METRO WEST INSPECTION SERVIC06/26/24100-42400-50300 63,222.84 Total For Check 35810 Check 35811 3581183.48 08/08/2410101350SIDE LIGHTMIDWEST MACHINERY CO.06/24/24100-45200-50210 35811490.38 08/08/2410101375SPREADERMIDWEST MACHINERY CO.06/24/24100-45200-50210 3581117.60 08/08/2410128219PIN FASTENERMIDWEST MACHINERY CO.07/15/24100-45200-50210 358111,130.00 08/08/2410122445FRONTIERMIDWEST MACHINERY CO.07/10/24100-45200-50221 1,721.46 Total For Check 35811 Check 35812 35812255.59 08/08/24P00018857MATERIAL TESTING AND INSPECTIONMN DEPT OF TRANSPORTATION07/22/24408-48010-50300 255.59 Total For Check 35812 Check 35813 35813120.00 08/08/2407282024NOTARY APPLICATION - MEERMN SECRETARY OF STATE - NOTA07/28/24100-41400-50433 35813120.00 08/08/2407312024NOTARY APPLICATION - KLINGBEILMN SECRETARY OF STATE - NOTA07/31/24100-41910-50210 240.00 Total For Check 35813 Check 35814 35814316.00 08/08/242723742JACKET CLIP MOUNTSMOTOROLA SOLUTIONS INC07/23/24100-42100-50210 3581479.00 08/08/248281935455JACKET CLIP MOUNTMOTOROLA SOLUTIONS INC07/17/24100-42100-50417 395.00 Total For Check 35814 Check 35815 3581532.25 08/08/24549218BRAKE PADS FOR DURANGONAPA AUTO PARTS - Corcoran07/16/24100-43100-50220 3581521.58 08/08/24549084STEEL WHEEL WEIGHTNAPA AUTO PARTS - Corcoran07/16/24100-43100-50220 CHECK REGISTER - COUNCIL INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 4/7Page: 08/01/2024 02:23 PM User: jpeterson DB: Corcoran EXP CHECK RUN DATES 07/26/2024 - 08/08/2024 JOURNALIZED PAID - CHECK TYPE: PAPER CHECK Check AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 35815 53.83 Total For Check 35815 Check 35816 35816192.31 08/08/24072924DEPENDENT CARE REIMBUSEMENTNATALIE DAVIS MCKEOWN07/29/24100-00000-21710 192.31 Total For Check 35816 Check 35817 3581715,000.00 08/08/2407302024BURSCHVILLE SCHOOL REPAIR DONATIONNORTH HENNEPIN PIONEER SOCIE07/25/24208-41900-50490 15,000.00 Total For Check 35817 Check 35818 35818286.42 08/08/24561485STEELNORTH SECOND STREET STEEL07/17/24100-43100-50210 286.42 Total For Check 35818 Check 35819 358194,400.00 08/08/24INV-19442024 FINANCIAL MANAGEMENT PLANNORTHLAND SECURITIES, INC.07/26/24100-41900-50300 4,400.00 Total For Check 35819 Check 35820 3582054.81 08/08/24374524881001OFFICE SUPPLIES - BINDERS/HIGHLIGHODP BUSINESS SOLUTIONS, LLC07/23/24100-41900-50200 3582059.96 08/08/24370767883001COUNCIL CHAMBER NAME PLATESODP BUSINESS SOLUTIONS, LLC07/03/24100-41900-50210 114.77 Total For Check 35820 Check 35821 358211,500.00 08/08/2407312024RECRUITMENT AND RETENTION REIMBURSPAT MEISTER07/31/24100-43100-50307 1,500.00 Total For Check 35821 Check 35822 358221,410.74 08/08/24RINV385937K9 OFFICER TRAINING TOOLS RAY ALLEN MANUFACTURING07/23/24416-42100-50210 1,410.74 Total For Check 35822 Check 35823 3582360.00 08/08/24073120242024 SUMMER SOCCER REFEREE TIMERILEY FREED07/31/24100-45100-50300 60.00 Total For Check 35823 Check 35824 35824(8,517.06)08/08/24227705033 PAY 5CITY CENTER DRIVE AND 79TH PLACE PS.M. HENTGES & SONS, INC.07/31/24408-00000-20610 35824170,341.10 08/08/24227705033 PAY 5CITY CENTER DRIVE AND 79TH PLACE PS.M. HENTGES & SONS, INC.07/31/24408-48010-50530 161,824.04 Total For Check 35824 Check 35825 35825288.00 08/08/242024NITE TO UNITE SHIRTSSANDI'S SCREEN PRINTING07/30/24202-42100-50210 288.00 Total For Check 35825 Check 35826 35826498.92 08/08/24144112503-001GATOR REPAIR - ROTORS/REPLACEMENT SITE ONE LANDSCAPE SUPPLY07/19/24100-45200-50221 3582684.17 08/08/24143834283-001NOZZLE AND HAMMERSITE ONE LANDSCAPE SUPPLY07/11/24100-45200-50221 35826220.89 08/08/24143860471-001PIPE AND HUNTER DIAPHRAGM ASSEMBLYSITE ONE LANDSCAPE SUPPLY07/12/24100-45200-50221 35826337.52 08/08/24143738836-001UNDERHILL ULTRAMAX HOSESITE ONE LANDSCAPE SUPPLY07/11/24100-45200-50221 1,141.50 Total For Check 35826 Check 35827 35827129.78 08/08/2407112024COST SHARING - CONSULTING SERVICES SOUTH LAKE MINNETONKA PD07/11/24416-42100-50210 3582780.77 08/08/2407.11.24COST SHARING - CONSULTING SERVICES SOUTH LAKE MINNETONKA PD07/11/24416-42100-50210 210.55 Total For Check 35827 CHECK REGISTER - COUNCIL INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 5/7Page: 08/01/2024 02:23 PM User: jpeterson DB: Corcoran EXP CHECK RUN DATES 07/26/2024 - 08/08/2024 JOURNALIZED PAID - CHECK TYPE: PAPER CHECK Check AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 35828 358282,198.25 08/08/2408012024AUGUST 2024 LIFE INSURANCE PREMIUMSTANDARD INSURANCE COMPANY07/17/24100-00000-21709 2,198.25 Total For Check 35828 Check 35829 35829121.98 08/08/24I1710694NEW HIRE UNIFORM - MAHRSTREICHER'S POLICE EQUIPMENT07/24/24100-42100-50417 35829506.91 08/08/24I1709899NEW HIRE - HOFFMANSTREICHER'S POLICE EQUIPMENT07/18/24100-42100-50417 358291,026.81 08/08/24I1709900NEW HIRE UNIFORM - MAHRSTREICHER'S POLICE EQUIPMENT07/18/24100-42100-50417 35829369.98 08/08/24I1710156WEAPON LIGHTSTREICHER'S POLICE EQUIPMENT07/22/24100-42100-50417 2,025.68 Total For Check 35829 Check 35830 3583073.52 08/08/2407162024CELL SERVICE 06/16/24-07/15/24T-MOBILE06/16/24100-43100-50321 73.52 Total For Check 35830 Check 35831 35831600.00 08/08/24116387PLAYGROUND CHIPSTHE MULCH FACTORY07/23/24100-45200-50221 358312,435.00 08/08/24116385PLAYGROUND CHIPSTHE MULCH FACTORY07/22/24100-45200-50221 358312,435.00 08/08/24116386PLAYGROUND CHIPSTHE MULCH FACTORY07/22/24100-45200-50221 5,470.00 Total For Check 35831 Check 35832 3583292.90 08/08/2407222024LOCAL PLANNING: CONTEMPORARY PRINCCREDIT CARD PURCHASES07/22/24100-41910-50207 3583229.00 08/08/24020327AAA BATTERIES AND CLOROX WIPESMENARDS MAPLE GROVE07/22/24100-42100-50200 35832169.27 08/08/2497419HAMEL RODEO DRINKS AND SNACKSCREDIT CARD PURCHASES07/10/24100-42100-50210 35832183.88 08/08/24064100POST BOARD LICENSINGMN POST BOARD07/22/24100-42100-50300 35832206.28 08/08/2407152024MPPOA LEGAL DEFENSE FUND CREDIT CARD PURCHASES07/15/24100-42100-50433 35832146.57 08/08/2407192024K9 OFFICER SUPPLIESCREDIT CARD PURCHASES07/19/24100-42100-50438 3583224.64 08/08/24486370K9 COLLARCREDIT CARD PURCHASES07/23/24100-42100-50438 35832(6.13)08/08/24272903 CREDITK9 COLLAR - SALES TAX REFUNDRAY ALLEN MANUFACTURING07/16/24100-42100-50438 35832583.29 08/08/24AMEM 2024DEPOSIT OF TRAVEL LODGINGAMEM07/10/24100-42151-50207 35832527.89 08/08/2413943645SOCCER MEDALCREDIT CARD PURCHASES07/30/24100-45100-50210 3583216.33 08/08/2407232024BARK IN THE PARK - DOG TREATSCREDIT CARD PURCHASES07/23/24100-45100-50210 3583216.28 08/08/24056373BARK IN THE PARK/NTU SUPPLIESCREDIT CARD PURCHASES07/23/24100-45100-50210 3583234.80 08/08/24096984BARK IN THE PARK AND NIGHT TO UNITCREDIT CARD PURCHASES07/23/24100-45100-50210 3583210.84 08/08/24042023HAMEL RODEO SUPPLIESCREDIT CARD PURCHASES07/10/24201-42100-50210 3583210.76 08/08/243484HAMEL RODEO SUPPLIESCREDIT CARD PURCHASES07/12/24201-42100-50210 3583216.98 08/08/24091878HAMEL RODEO SUPPLIES - WATERCREDIT CARD PURCHASES07/14/24201-42100-50210 358322.71 08/08/24056373BARK IN THE PARK/NTU SUPPLIESCREDIT CARD PURCHASES07/23/24202-42100-50210 358328.46 08/08/24096984BARK IN THE PARK AND NIGHT TO UNITCREDIT CARD PURCHASES07/23/24202-42100-50210 35832700.91 08/08/24161328NITE TO UNITE INFLATABLE RENTAL - USA INFLATABLES07/24/24202-42100-50210 3583224.28 08/08/242000122-5821620K9 OFFICER - TENNIS BALLSCREDIT CARD PURCHASES07/23/24416-42100-50210 3583293.22 08/08/24382466ATRAINING VEST FOR K9 OFFICERELITE K-907/23/24416-42100-50210 2,893.16 Total For Check 35832 Check 35833 35833466.91 08/08/24534001375COPIER LEASEUS BANKCORP EQUIPMENT FINANC07/19/24100-41920-50210 466.91 Total For Check 35833 Check 35834 35834199.00 08/08/24D5044TRAINING - HEADRICK/SPELLACYVERTEX UNMANNED SOLUTIONS LL07/28/24100-41400-50207 35834199.00 08/08/24D5044TRAINING - HEADRICK/SPELLACYVERTEX UNMANNED SOLUTIONS LL07/28/24100-42100-50207 358341,935.99 08/08/243321DRONE STARTUPVERTEX UNMANNED SOLUTIONS LL07/23/24416-42100-50210 3583415,827.00 08/08/243320DRONE STARTUPVERTEX UNMANNED SOLUTIONS LL07/23/24416-42100-50210 18,160.99 Total For Check 35834 CHECK REGISTER - COUNCIL INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 6/7Page: 08/01/2024 02:23 PM User: jpeterson DB: Corcoran EXP CHECK RUN DATES 07/26/2024 - 08/08/2024 JOURNALIZED PAID - CHECK TYPE: PAPER CHECK Check AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number Check 35835 3583554.00 08/08/2489829COLIFORM ONLYWATER LABORATORIES, INC. 07/11/24601-49400-50300 54.00 Total For Check 35835 Check 35836 3583690.00 08/08/24073120242024 SUMMER SOCCER REFEREE TIME - WES AUSTIN07/31/24100-45100-50300 90.00 Total For Check 35836 Check 35837 3583739.99 08/08/24948162SQUAD 574 TIRE REPAIRWESTSIDE WHOLESALE TIRE07/24/24100-42100-50403 39.99 Total For Check 35837 Check 35838 358381,024.62 08/08/24886950756PUBLIC WORKS ELECTRICITYXCEL ENERGY07/24/24100-43100-50381 1,024.62 Total For Check 35838 CHECK REGISTER - COUNCIL INVOICE GL DISTRIBUTION REPORT FOR CITY OF CORCORAN 7/7Page: 08/01/2024 02:23 PM User: jpeterson DB: Corcoran EXP CHECK RUN DATES 07/26/2024 - 08/08/2024 JOURNALIZED PAID - CHECK TYPE: PAPER CHECK Check AmountChk DateInvoice Invoice Desc.VendorInvoice DateGL Number 153,271.80 Fund 100 GENERAL FUND 74.56 Fund 201 RESERVES DONATION FUND 1,292.40 Fund 202 CITY COMMUNITY EVENTS 15,000.00 Fund 208 LAWFUL GAMBLING 162,079.63 Fund 408 PAVEMENT MANAGEMENT 19,572.18 Fund 416 CAPITAL-EQUIPMENT CERTS 54.00 Fund 601 WATER Fund Totals: 351,344.57 Total For All Funds: Page 1 of 8 STAFF REPORT Agenda Item 5b. 0BCity Council Meeting: 1BAugust 8, 2024 2BPrepared By: 3BZeke Peters through Kendra Lindahl 4BTopic: Final Plat for “Bellwether 10th Addition” (PID 12-119-23-21- 0074) (city file 24-020) 5BAction Required: 6BApproval Review Deadline: August 23, 2024 1. Request The applicant, Pulte Homes of Minnesota, LLC, has requested approval of the final plat and final PUD development plan for Bellwether 10th Addition. This phase includes 26 lots and two outlots on 8.76 acres. The 10th Addition is the final addition in the Bellwether (Encore) Master Plan. The final plat is reviewed by City Council only. 2.Background On June 28, 2018, the Council approved a rezoning, preliminary plat and preliminary PUD plan for the Bellwether project. The Bellwether project included the construction of 398 single family homes to be built in six phases. On October 18, 2018, the Council approved phase 1 of Bellwether for 78 single family homes and six outlots. On April 25, 2019, the Council approved phase 2 of Bellwether for 79 single family homes and 12 outlots. The Council also approved the final PUD for phase 3. On September 26, 2019, the Council approved the final plat for phase 3 of Bellwether for 29 single family homes and one outlot. On March 26, 2020, the Council approved phase 4 of Bellwether for 74 single family homes and one outlot. On July 23, 2020, the Council approved phase 5 of Bellwether for 46 single family homes and one outlot. On July 22, 2021, the Council approved a rezoning, preliminary plat and preliminary PUD plan for “Amberly and Bellwether” on two separate parcels acquired by the applicant. Page 2 of 8 • The first parcel, the 73.48 Van Blaricom property, was not part of the original Bellwether PUD approved June 28, 2018. The Van Blaricom property has been subdivided and is being developed as an extension of the Bellwether neighborhood (Bellwether 6th and 9th Additions) and a new single family neighborhood, Amberly, which is not part of Bellwether. • The second parcel, the 3.74 acre Schober homestead, was included in the original Bellwether approval. The property was platted as part of the Bellwether 2nd Addition that created several lots and the homeowner retained the 3.74 acre parcel for their homestead. The property has since been acquired by the applicant and has received approval to be platted as the Bellwether 7th Addition. On October 28, 2021, the Council approved the final plat and final PUD for 25 single family homes in Amberly 1st Addition, 62 single family homes in Bellwether 6th Addition and seven outlots. The preliminary approvals allow 192 lots and the remaining 105 lots will be platted in future phases on the former Van Blaricom property. On February 24, 2022, the Council approved the final plat and final PUD for 17 single family homes in Bellwether 7th Addition on 3.74 acres on the former Schober homestead. On April 28, 2022, the City Council approved the final plat and final PUD for Bellwether 8th Addition 95 lots and eight outlots on 47.95 acres. On April 28, 2022, the Council approved Bellwether's 9th addition final plat and final PUD for 37 single-family homes and 2 outlots on 12.91 acres. This was the last addition connected to the Van Blaricom property. 3. Context Surrounding Properties The properties to the north and east are guided Low Density Residential, zoned and developed as Bellwether 8th Addition. The 10th addition was already graded as part of the 8th Addition. The property to the south is guided Business Park and zoned Business District. The Oswald Farm Concept was presented to the Council at the May 21st meeting for this site, but there is no active development application. Mulberry Lane will dead-end on the southern property line of the Bellwether 10th addition to eventually tie into the Oswald property. Page 3 of 8 The property to the west is guided Existing Residential, zoned Urban Reserve (UR) and developed with single family homes. 4. Analysis Staff has reviewed the application for consistency with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and City Code requirements, as well as City Policies. The City Engineer’s comments are incorporated into this staff report, the detailed comments are included in the attached engineering memo and the approval conditions require compliance with the memo. A. Level of City Discretion in Decision-Making The City’s discretion in approving a final PUD is limited to whether the proposed plan is in substantial conformance with the preliminary PUD development plan. If it meets these standards, the City must approve the final PUD development plan. The City’s discretion in approving a final plat is limited to whether the proposed plat meets the standards outlined in the City’s Subdivision and Zoning Ordinance. If it meets these standards, the City must approve the final plat. B. Consistency with Ordinance Standards Final PUD Staff has reviewed the application for consistency with the approved preliminary plans, as well as City policies. Staff finds the final PUD plan is consistent with the approved preliminary plans. The 10th Addition includes 26 single family homes. The residential lots range in size from 5,832 to 18,536 sq. ft. There is a master association responsible for the maintenance of common areas (yard maintenance, snow removal, etc.) in this phase. Bellwether is an age-restricted active adult community. The HOA documents will be amended to include this phase. Lot Dimensions and Setbacks The preliminary PUD approval granted flexibility from lot size, width standard and side yard setback. The single family lots appear to comply with required standards. However, since single family home buyers will select their individual home for each lot, staff will review setbacks for compliance with these standards as part of the building permit application. Page 4 of 8 Architecture The applicant has three widths of homes (40-ft., 45-ft. and 50-ft. wide homes) that have the option of being finished with five different architectural styles (prairie, heartland, craftsman, northern craftsman and euro country) in Bellwether. Architectural exhibits and elevations have previously been approved to comply with Condition #21 of Resolution 2018-48. All homes in this phase must comply with these architectural requirements. The applicant is required to provide architectural upgrades on the elevations of a home that face a public right-of-way or public park. Staff has included a condition specifying which homes must provide architectural upgrades. Homeowner’s Association A homeowner’s association (HOA) will maintain all common ownership areas of the development, including the open space areas, development signage and cul-de- sac/island plantings. Landscaping Section 1060.070 of the Zoning Ordinance requires one overstory tree for each single family home and a variety of landscaping along the perimeter of the site, along streets and adjacent to wetlands. Plans show plantings at sizes, percentages and locations that comply with the ordinance requirements. One overstory tree has been provided along the public right-of-way for each lot. All the trees are out of the ROW and located in an acceptable location. Also, 99th Place features a cul-de-sac with an island in the middle. This island will be landscaped and irrigated as indicated on the plans. Figure 1: Approved Locations of Architectural Upgrades. Locations highlighted in green must provide architectural upgrades on elevations that face a public park or right-of-way. Page 5 of 8 Streets The 10th Addition will extend Mulberry Lane all the way to the lot line on the south. The developer will also install signage indicating it is a temporary dead end. The street layout and design are consistent with the preliminary approvals. This site was graded during the Bellwether 8th Addition grading. While not part of the Bellwether 10th conditions specifically, staff is aware that questions frequently arise over the timing of the connection to Hunters Ridge. The 2018 approvals required the connection be made after 80% of homes were constructed in Phase 4. Phase 4 is Bellwether 8th and 10th Addition (totaling 121 units). When 96 of these homes are constructed, the condition requiring Hunters Ridge street improvements will be removed and the developer can connect to Hunters Ridge without additional improvements to that street. However, they are still responsible to improvements to the County Road 116/Hunters Ridge intersection as part of the original approvals. Figure 2 - 2018 phasing plan Page 6 of 8 Utilities Municipal sewer and water are available to the site. The City Engineer’s memo provides detailed utility comments which have been addressed by the applicant. Wetlands There are four wetlands identified on the site. Each wetland has an identified buffer, setback area, and signage identified. Section 1050.010 establishes standards for the wetland overlay district. This includes establishment of wetland buffer strips plus a 15 ft. structure setback from the buffer. Trails are permitted in the wetland buffer setback areas, as long as a 5-foot setback is still maintained from the paved trail to the buffer area. The 20-foot trail easement, as shown, and the 10-foot planned trail for the Three Rivers Trail would allow this setback to be met if placed strategically. The applicant provided a wetland buffer maintenance plan that defines how they will ensure the establishment of the buffer and ensure that the buffer is maintained in perpetuity. Stormwater Management Stormwater management will be managed on site and the City Engineer’s memo includes conditions to ensure compliance with local, watershed and State standards. One stormwater pond is provided with this addition in Outlots A. A stormwater maintenance agreement must be prepared and submitted for review and approval by staff and is required to be recorded with the final plat. Easements The developer has provided 10 ft. drainage and utility easements along the front and rear lot lines and 5 ft. drainage and utility easements along the side lot lines for single family lots. Drainage and utility easements are also provided over all of Outlot A and Outlot B. Encroachment agreements shall be required for all site improvements or items placed within the City right-of-way or easements. The City Engineer’s memo notes an encroachment agreement is required for the retaining wall within the easement at Lots 1 Page 7 of 8 through 5, Block 2. This encroachment agreement is required to be recorded with the final plat. Lighting The applicant has submitted a lighting plan that shows lighting and sign locations. New streetlights are proposed along the south side 99th Place and west side of Mulberry Lane. Final streetlight locations will be established during construction in coordination with the City. Park Dedication Park dedication for the Bellwether development will be satisfied through the contribution of land, construction of the private amenity center and associated improvements, trail easements, pavement of trails and construction of the boardwalk. Bellwether 10th addition will be the final phase of this development. Park dedication in this phase includes dedication of 0.06 acres of trail easement to satisfy the park dedication requirements. The developer will provide a trail connection in Outlot A that will extend to the south property line. This trail is part of the Three Rivers Park Diamond Lake regional trail. Final Plat The applicant is requesting approval of a final plat for 26 lots and two outlots. The final plat is consistent with the approved preliminary plat. Conclusion Staff finds the proposed plan is consistent with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance, and preliminary PUD approvals. The resolution includes conditions which the applicant must address prior to release of final plat and building permits. 5. Action Move to adopt the following resolutions: a. Resolution 2024-87 approving the Final PUD Plan. b. Resolution 2024-88 approving the Final Plat and Development Contract. Page 8 of 8 Attachments 1. Resolution 2024-87 Approving Final Planned Unit Development Plan 2. Resolution 2024-88 Approving Final Plat and Development Contract 3. Development Contract 4. Site Location Map 5. City Engineer’s Memo dated July 25, 2024 6. Applicant’s Narrative dated May 2, 2024 7. Final Planned Unit Development Plans dated May 7, 2024 8. Landscape Plan dated July 19, 2024 9. Final Plat dated July 25, 2024 10. Phasing Plan dated January 21, 2022 11. Original Bellwether Phasing Plan dated April 17, 2018 City of Corcoran August 8, 2024 County of Hennepin State of Minnesota RESOLUTION NO. 2024-87 Page 1 of 3 Motion By: Seconded By: RESOLUTION APPROVING FINAL PLANNED UNIT DEVELOPMENT (PUD) FOR “BELLWETHER 10TH ADDITION” FOR PULTE HOMES OF MINNESOTA (PID 12-119-23-21- 0074) (CITY FILE NO. 24-020) WHEREAS, Pulte Homes of Minnesota, LLC (the “applicant”) has requested approval of a final planned unit development (PUD) plan for Bellwether 10th Addition for 26 new single family lots on the property legally described as: OUTLOT B, BELLWETHER 8th Addition, Hennepin County, Minnesota NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that is should and hereby does approve the request for a final PUD plan, subject to the following conditions: 1.A final PUD plan is approved to create 26 single family lots for “Bellwether 10th Addition”, in accordance with the plans and application received by the City on May 7, 2024 and additional information received on May 15th, May 16th, May 22nd and July 23rd except as amended by this resolution. 2.Approval is subject to the preliminary approvals (Resolutions 2018-48 and 2018-49). 3.Approval is contingent upon City Council approval of the final plat and easement vacation (Resolution 2024-88 and 2024-89). 4.The applicant shall comply with all requirements of the City Engineer’s memo dated July 25, 2024. 5.Park dedication is based on the development of the entire Bellwether project and shall be satisfied through a combination of land, construction of the private amenity facility and associated land shown on plans, pavement of trails and construction of the boardwalk, as outlined in the PUD approvals. Park dedication in this phase shall be as follows: a.The completion of the trail through the portion of Outlot A at 0.06 area of dedication. b.The trail shall be 10 feet wide in a 20-foot easement. This trail is part of the Three Rivers Park Diamond Lake Trail corridor. 6.The final alignment of the trail on Outlot B will need to show compliance by being set back at least 5 feet from the wetland buffer within the 20-foot trail easement. 7.All utility facilities shall be located underground. 8.The teardrop island located in the cul-de-sac on 99th Place will be landscaped and irrigated as shown on the plans. Attachment 5b1. City of Corcoran August 8, 2024 County of Hennepin State of Minnesota RESOLUTION NO. 2024-87 Page 2 of 3 9. Any development signage requires a sign permit and must comply with the standards in Section 84 of the City Code. 10. Barricades and signage indicating future extension of Mulberry Lane shall be installed, consistent with Section 945.010, Subd. 19 of the Subdivision Ordinance. 11. The HOA shall be responsible for the maintenance of ponds, sidewalks, and all common areas, including signage, lighting and landscaping in those areas. 12. Lighting shall comply with the lighting requirements of Section 1060.040 of the Zoning Ordinance and generally be placed on the sidewalk side of the street. a. The applicant shall work with City staff to finalize the streetlight locations. 13. PUD flexibility is granted to establish the following lot standards for this development: Single Family Detached Minimum Lot Area 5,000 sq. ft. (for flexibility--the smallest lot shown is 5,832) Minimum lot width (measured at front building setback) 44 feet Minimum Principal Structure Setbacks Front, County Road 101 100 feet Front, From all other streets 20 feet Front Porch (≤ 120 square feet) 15 feet Side (living) 5 feet Side (garage) 5 feet Rear 25 feet Maximum Principal Building Height 35 feet Driveway setback 5 feet 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 the 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. a. Wetland signs shall be purchased from the City. b. The final locations must be inspected and approved by City staff. City of Corcoran August 8, 2024 County of Hennepin State of Minnesota RESOLUTION NO. 2024-87 Page 3 of 3 c. Monument signs shall be installed prior to approval of building permit. 17. Wetland buffer plantings must be installed. a. A wetland buffer specialist from the City shall be present to observe the seeding of wetland buffer plantings. Seed varieties, amounts, equipment and cover crop species shall be inspected. b. Wetland buffers shall be seeded during the grading process when conditions are appropriate. c. Wetland buffers shall be seeded and/or planted as directed by the Corcoran Buffer Vegetation Establishment Plan. 18. PUD flexibility is provided from the standard that requires architectural upgrades to all four sides of the building, based on the following conditions: a. The applicant shall provide equal architectural treatment on the elevations of a home that face a public right-of-way or park. For example, if three sides of the home face a public right-of-way or park, then equal architectural treatment shall be provided on those three sides of the building. As shown in the 2018 “Approved Locations of Architectural Upgrades” exhibit from the preliminary approvals, the following lots are subject to this standard: i. Lot 1, Block 1 ii. Lot 1, 10, 11 and 19, Block 2 19. 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 Lanterman, Mark Lanterman, Mark Nichols, Jeremy Nichols, Jeremy Vehrenkamp, Dean Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 8th day of August 2024. ________________________________ Tom McKee - Mayor ATTEST: ____________________________________ City Seal Jay Tobin – City Administrator City of Corcoran August 8, 2024 County of Hennepin State of Minnesota RESOLUTION NO. 2024-88 Page 1 of 3 Motion By: Seconded By: RESOLUTION APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR “BELLWETHER 10TH ADDITION” FOR PULTE HOMES OF MINNESOTA (PID 12-119-23-21- 0074) (CITY FILE NO. 24-020) WHEREAS, Pulte Homes of Minnesota, LLC (the “applicant”) has requested approval of a final plat for Bellwether 10th Addition for 26 new single family lots on the property legally described as: OUTLOT B, BELLWETHER 8th Addition, Hennepin County, Minnesota NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that is should and hereby does approve the request for a final PUD plan, subject to the following conditions: 1.A final plat is approved to create 26 single family lots for “Bellwether 10th Addition”, in accordance with the plans and application received by the City on May 7, 2024 and additional information received on May 15th, May 16th, May 22nd and July 23rd except as amended by this resolution. 2.The development contract must be executed by the developer and the City and must be filed with the final plat. 3.Approval is subject to the preliminary approvals (Resolutions 2018-48 and 2018-49). 4.Approval is contingent upon City Council approval of the final PUD plan and Easement Vacation (Resolution 2024-87 and 2024-89). 5.The applicant shall comply with all requirements of the City Engineer’s memo dated July 25, 2024. 6.Park dedication is due as required by the PUD approvals, prior to the release of the final plat for recording. Park dedication is required based on the finding the new single family homes will benefit from the City's park and trail system. 7.The HOA shall be responsible for the maintenance of: a.Landscaping and any 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. FURTHER, prior to release of the final plat for recording: 8.The following documents must be approved by the City Attorney: Attachment 5b2. City of Corcoran August 8, 2024 County of Hennepin State of Minnesota RESOLUTION NO. 2024-88 Page 2 of 3 a. Stormwater Maintenance Agreement b. Homeowners Association documents c. Maintenance and Encroachment Agreements for landscaping in the public right- of-way d. Trail Easements e. Development Contract 9. Letter of credit must be in place and fees paid. FURTHER, that the following conditions be met prior to issuance of building permits: 10. The applicant must file the final plat at Hennepin County within 2 years of the date of approval or the approval shall expire. 11. The following documents must be approved by the City Attorney and recorded at Hennepin County: a. Stormwater Maintenance Agreement b. Homeowners Association documents c. Maintenance and Encroachment Agreements for landscaping in the public right- of-way d. Trail Easements e. Development Contract 12. Record the approving resolutions and associated documents at Hennepin County and provide proof of recording to the City. 13. Wetland buffer plantings must be installed. a. A wetland buffer specialist from the City shall be present to observe the seeding of wetland buffer plantings. Seed varieties, amounts, equipment and cover crop species shall be inspected. b. Wetland buffers shall be seeded during the grading process when conditions are appropriate. c. Wetland buffers shall be seeded and/or planted as directed by the Corcoran Buffer Vegetation Establishment Plan. FURTHER, that the following conditions must be met prior to release of remaining escrow: 14. Lot corner monuments shall be installed as required by the Subdivision Ordinance. A financial Guarantee shall be required to ensure installations per City requirements. 15. Any request for the City to inspect the required pond and wetland buffers in order to reduce financial guarantees must be accompanied by a recertification/verification of field inspection by the project Landscape Architect. A letter signed by the Landscape Architect verifying buffers have been correctly seeded in compliance with the plans and specifications will suffice. 16. Any request for the City to inspect the required landscaping in order to reduce financial guarantees must be accompanied by recertification/verification of field inspection by the City of Corcoran August 8, 2024 County of Hennepin State of Minnesota RESOLUTION NO. 2024-88 Page 3 of 3 project Landscape Architect. A letter signed by the project Landscape Architect verifying plantings (including wetland and pond buffers) have been correctly installed in compliance with the plans and specifications will suffice. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Lanterman, Mark Lanterman, Mark Nichols, Jeremy Nichols, Jeremy Vehrenkamp, Dean Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 8th day of August 2024. ________________________________ Tom McKee - Mayor ATTEST: ____________________________________ City Seal Jay Tobin – City Administrator (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) BELLWETHER 10TH ADDITION This DEVELOPMENT CONTRACT (this “Contract”) dated ____________________, 2024, is entered into by and between the CITY OF CORCORAN, a Minnesota municipal corporation (the “City”), and Pulte Homes of Minnesota, LLC (the “Developer”) and shall be effective upon full execution by the City and the Developer. The City and the Developer are sometimes collectively referred to herein as the “parties” or each a “party”. This is an amendment to the Bellwether Development Contract dated October 16, 2018. 1.REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Bellwether 10th Addition (referred to in this Contract as the "plat"). The land is situated in the County of Hennepin, State of Minnesota, and is legally described in the attached Exhibit A (the “Subject Property”). 2.CONDITIONS OF PLAT APPROVAL. The Developer shall enter into this Contract, furnish the security required by it, and record the plat upon City approval with the County Recorder or Registrar of Titles. 3.RIGHT TO PROCEED. Unless separate written approval has been given by the City, within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the Community Development Director, 2) the necessary security has been received by the City, 3) the plat, development contract and other associated documents have been recorded with the Hennepin County Recorder's Office and proof of recording has been provided to the City, and 4) the City has authorized the Developer to proceed, in writing. However, the Developer may be allowed to begin grading the site when items 1, 2 and 4 of the previous sentence have been satisfied. 4.PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has failed to fulfill all obligations in this Contract and the failure has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5.PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless the initial phase is final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. Attachment 5b3. - 2 – 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved final plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Contract, the written terms herein shall control. The plans are: Exhibit A – Legal Description Plan A – Final Plat, dated July 25, 2024 Plan B – Final Grading, Drainage, and Erosion Control Plan, dated April 25, 2024 Plan C – Final Sanitary Sewer, Watermain and Storm Sewer Plan, dated April 25, 2024 Plan D – Final Tree Preservation and Reforestation Plan, dated May 7, 2024 Plan E– Final Landscape Plan, dated May 7, 2024 Plan F – Final Wetland Buffer Establishment Plan, dated July 23, 2024 Plan G – Revised Preliminary Plat, dated October 16, 2018 Plan H – Phasing Plan, dated January 21, 2022 8. IMPROVEMENTS. The Developer shall install and pay for, without limitation, all of the following improvements: • Streets • Sanitary Sewer • Watermain • Surface Water Facilities (pipe, ponds, rain gardens, etc.) • Grading and Erosion Control • Sidewalks/Trails • Street Lighting • Underground Utilities • Street Signs and Traffic Control Signs • Landscaping • Tree Preservation • Wetland Mitigation and Buffers • Monuments Required by Minnesota Statutes • Miscellaneous Facilities In addition to the above-listed improvements, Developer shall be responsible for all other costs necessary to construct the improvements pursuant to the City-approved plans. The Developer shall submit plans which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer or designee. The Developer may instruct its engineer to provide full-time field inspection personnel in order for the Developer's engineer to be able to certify that the construction work meets the approved City standards as a condition of City - 3 – acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer and/or the Developer’s engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or his or her engineer shall schedule a pre- construction meeting at a mutually agreeable time at City Hall with all parties concerned, including the City staff, to review the program for the construction work. All labor and work shall be performed and completed in the best and most workmanlike manner and in strict conformance with the approved plans and City Engineering Design Standards. No deviations from the approved plans and Standards will be permitted unless authorized by the City Engineer or designee. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by the contract. The Developer shall not do any work or furnish any materials not covered by the plans and special conditions of this contract, for which reimbursement is expected from the City, unless such work is first approved in writing by the City Engineer or designee. The Developer shall be responsible for construction of all improvements in conformance with the approved plans, City Engineering Design Standards and Standard Details. 9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: • Minnesota Department of Health for Watermains/Wells • MPCA for Sanitary Sewer • City of Corcoran for Building Permits and Building Demolition • MCES for Sanitary Sewer Connections 11. TIME OF PERFORMANCE. The Developer shall install all required public improvements in this phase by October 31, 2025, with the exception of the final wear course of asphalt on streets. The City will not accept new public streets in the 10th Addition until 80% of the homes in the 10th Addition have received a certificate of occupancy and the streets have weathered a full winter season. Final wear course placement outside of this time frame must have the written approval of the City Engineer. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 12. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 13. CONSTRUCTION ACCESS. Haul routes for vehicles used in transport of materials shall be designated by the City Engineer. The City Engineer has discretion to change the designated haul - 4 – routes at any time in event of unforeseen circumstances. This Agreement may be terminated and all work on the Subject Property may be halted by the City for Developer’s failure to use the designated haul routes or for any other violation of this Agreement. 14. GRADING PLAN. The plat shall be graded in accordance with the approved grading drainage and erosion control plan, Plan "B". The plan shall conform to City of Corcoran Engineering Design Standards. 15. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. Erosion control practices must comply with the Minnesota Pollution Control Agency’s Best Management Practices. The City may impose additional erosion control requirements which the City determines would be beneficial. The City is an MS4 City and all erosion control shall comply with the Corcoran City Code and the Corcoran Engineering Design Standards. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. Further, the City shall have the authority to stop work on the Subject Property and/or withhold additional building permits or certificates of occupancy in the event that the Developer fails to comply with the approved erosion control plan. 16. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all street maintenance until the streets affected by the project are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on the same and to direct attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to ensure that the streets are passable to traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the subdivision swept clean of dirt and debris that may spill, track, or wash onto the street from Developer’s operation. 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and acceptance of the work by the City, the public improvements lying within public easements or right-of-way shall become City property. This provision shall not apply to private improvements (e.g. private retaining walls) which encroach upon public easement or right-of-way, and such encroachments shall be subject to any applicable and separate encroachment agreement. Prior to acceptance of the improvements by the City, the Developer must furnish the following affidavits: • Record Drawings • Certification from the Registered Land Surveyor that land corner monuments and wetland buffer signs have been installed according to the approved plans. • The warranty/performance financial guarantee - 5 – 18. PARK DEDICATION. Park dedication for the Bellwether development will be satisfied through the contribution of land, construction of the private amenity center and associated improvements, trail easements , pavement of trails and construction of the boardwalk. Bellwether 10th addition will be the final phase of this development. Park dedication in this phase includes dedication of 0.06 acres of trail easement to satisfy the park dedication requirements. 19. WATERMAIN / STORAGE TRUNK LINE AREA CHARGE (TLAC). This plat is subject to a watermain/storage trunk line area charge (TLAC). This addition will be charged based on a minimum annual increase charge from the original 2018 fees. The charge is calculated as follows: 8.27 net acres (based on pre-developable area) $7,592 per acre (TLAC) = $62,785.84. 20. WATER CONNECTION CHARGE. This plat is subject to a water connection charge calculated as follows: 26 single family units x $1,332.82 per unit = $34,653.32. The fees shall be paid at the time of building permit. Future development shall be cash at the time of issuance of each building permit at the then-current rates. The developer will be responsible for payment of the then-current water connection charge set by the City of Maple Grove. 21. SANITARY SEWER TRUNK LINE AREA CHARGE (TLAC). The City will not collect the Sanitary Sewer TLAC for this project because the cost of installing an over-sized trunk sewer pipe from the metering station is in excess of the fees that would have been generated by the TLAC. Therefore, no pre-developable area acre trunk fees are required. The developer will also be responsible for payment of the then-current SAC fees set by the Metropolitan Council. 22. SANITARY SEWER CONNECTION CHARGE. The plat is subject to the sanitary sewer connection charge calculated as follows: 26 single-family units x $1,318.40 per unit = $34,278.40. The fees shall be paid at the time of the building permit. Future Development shall be paid in cash at the time of issuance of each building permit at the current rates. 23. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. Prior to issuance of building permits other than the model home; utilities, curbing and one lift of bituminous shall be installed on public streets. Additionally, Buckthorn and other noxious weeds must be removed throughout the site. B. Utilities shall be installed and reasonable access to the lot from a public street shall be provided prior to issuance of a model home permit. One model home will be allowed per product type (single family, twin home, townhome, etc.) per development and shall be on lots acceptable to the City. C. No sewer and water connection permits may be issued until the utilities are tested and approved by the City Engineer. D. The Developer shall comply with the City of Corcoran Engineering Design Standards. - 6 – E. Prior to issuance of building permits, wetland buffer monuments shall be placed in accordance with the City’s zoning ordinance. Monument signs shall be purchased from the City. The land surveyor must certify that the wetland buffer signs have been installed in accordance with the approved plans. F. Failure to fulfill any of the terms of this Contract by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits, including lots sold to third parties, the halting of all work in the plat, and/or the denial of certificates of occupancy. G. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, their contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the City Engineer. H. Topsoil, ground cover, and front yard trees must be installed for individual lots prior to issuance of a Certificate of Occupancy unless an alternative timeline is approved and documented by the City. 24. STREET REGULATORY SIGNS/TRAFFIC CONTROL SIGNS. Street name signs shall be installed by the Developer in accordance with the City of Corcoran Engineering Design Standards. The Developer shall install traffic control signs in accordance with the plan approved by the City Engineer and Minnesota Manual on Uniform Traffic Control Devices. All signs must be installed prior to final building inspection approval or earlier if necessary as determined by the City Engineer. 25. STREET LIGHT INSTALLATION AND OPERATION COSTS. The developer shall pay for and install all street lights. The street light shall be of a design approved by the City. The developer shall be responsible for street light operation and maintenance costs until such time as the City accepts the public street where the streetlights are located. After the acceptance the City shall be responsible for all costs, subject to the street lighting policy. The costs of operation are dependent upon the operation costs for Wright Hennepin Electric under contract franchise with the City of Corcoran. 26. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to legal (including, without limitation, attorneys’ fees), planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. The City may require Developer to post funds in an escrow account, at its discretion. In the event the cash escrow amount is insufficient, Developer shall post additional escrow funds as determined by the City Planner within ten (10) days of written demand. Failure to make payment of the additional escrow amount shall permit the City to supplement those amounts from any other sureties posted by Developer. - 7 – B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per year. Further, the City shall have the right to access Developer’s posted security to obtain reimbursement for unpaid invoiced amounts. Should Developer’s security be insufficient to cover any amounts owed to the City and unpaid after invoicing, the City may assess such amounts against the Subject Property. Developer, on behalf of itself and it successors and assigns, hereby waives any assessment notice requirements and any right to appeal such assessment pursuant to Minnesota Statute 429. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 27. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Compliance with the conditions of the original approvals, PUD Amendments, including the PUD Final Development Plan (Resolution 2024-87) and Final Plat approval (Resolution 2024- 88) is required. B. Before the City signs the final plat, the Developer shall convey the Park to the City by warranty deed, free and clear of any and all encumbrances. Before the City signs the final plat, the developer shall convey the required trail easements to the City in a form satisfactory to the City. C. The Developer shall post a $2,600.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 26 lots at $100.00 per lot. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. D. The Developer shall include the “City of Corcoran’s Standard Detail” (all applicable sections) in the contract documents of their improvement project. 28. MISCELLANEOUS. - 8 – A. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Notwithstanding anything herein to the contrary, in conjunction with a sale of the entire land, the Developer may, without the consent of the City, assign this Contract to a limited liability company or other entity in which the Developer or an affiliate thereof has a controlling membership or other controlling ownership interest, provided that such assignee assumes in writing the obligations of Developer under this Contract and all posted security correspondingly secures the performance of the assignee. B. Certain retaining walls will require a Building Permit. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. C. Appropriate legal documents including, but not limited to, those regarding Homeowner Association documents, conservation easements, covenants and restrictions, as approved by the City Attorney, shall be filed with the Final Plat. D. Third parties shall have no recourse against the City under this Contract. E. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. G. This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for failure to fulfill any of the foregoing covenants. H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. - 9 – I. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City’s demand, the Developer shall cease work until there is compliance. J. The Contract may be executed in any number of counterparts, each of which shall be deemed to be an original. K. The laws of the State of Minnesota shall govern all issues relating to this Contract and any action brought to enforce rights or obligations herein shall be brought in Hennepin County, Minnesota. L. All exhibits, plan documents, City approval documents, and City planning or engineering memos referenced herein are hereby incorporated into and shall become a part of this Contract as if attached hereto. M. Upon completion of construction, the Developer shall provide the City with as-built records of all soil corrections and utility infrastructure installations made by the Developer on the Subject Property or within any affected public right-of-way. N. Upon completion of installation of the same (as applicable), any sanitary sewer installed on the Subject Property shall be televised at the Developer’s expense and the Developer shall submit a recording of the same to the City for the City’s records. O. The Developer shall install railings adjacent to slopes on the Subject Property in compliance with the building as determined by the Building Official. 29. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than 48 hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the Subject Property. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part to the Subject Property and the Developer, on behalf of itself and its successors and assigns, hereby waives any right to appeal said assessment. 30. WARRANTY/PERFORMANCE GUARANTEE. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit or performance bond for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one (1) year from the date of final written acceptance, unless the wear course is placed during the same - 10 – construction season as the bituminous base course. In those instances, the Developer shall guarantee all work, including street construction, concrete curb and gutter, sidewalks and trails, material and equipment for a period of two (2) years from the date of final written City acceptance of the work. C. The required warranty period for sod, trees, and landscaping is one full growing season following installation. Following construction, a certification signed by the design landscape architect shall be filed with the City evidencing that the sod, trees, and landscaping was installed in accordance with the approved plans and specifications. D. The required warranty period for wetland buffer planting establishment is three (3) full growing seasons following installation. Following installation, a certification signed by the design landscape architect shall be filed with the City evidencing that wetland buffer vegetation establishment was installed in accordance with the approved plans and specifications. 31. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this contract, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit, in a form acceptable to the City, from a bank, cash escrow or a combination cash escrow and Letter of Credit ("security") for $951,510.24, which represents 100 percent of the estimated cost of the Improvements. The letter of credit shall include an automatic renewal clause. The letter of credit shall guarantee to the City the construction and satisfactory completion of all items to be completed by the developer; that the letter of credit shall be reduced from time to time as work is performed and accepted in a satisfactory manner; that the City Engineer may reduce the letter of credit to the amount reasonably estimated by the City Engineer to be necessary to cover the remaining construction obligations; however, the letter of credit shall not be reduced below the amount estimated by the City to cover all obligations of development including payment of costs and expenses incurred by the City for legal, engineering, planning and any other costs until a maintenance bond for period of one year, satisfactory to the City Attorney and the City Engineer has been provided by the Developer or its subcontractor. - 11 – The amount of the security was calculated as follows: ESTIMATED COSTS ITEM City Project (1) Developer Installed (2) Total Sanitary Sewer System $171,702.00 $171,702.00 Watermain System $115,932.00 $115,932.00 Stormwater System $141,861.00 $141,861.00 Street Construction $374,087.00 $374,087.00 Street Lighting $22,929.00 $22,929.00 Grading/Erosion Control $5,217.00 $5,217.00 Landscaping/Tree Preservation - - Wetland Buffer Establishment $5,000.00 $5,000.00 Installing Wetland Buffer Monuments* $1,700.00 $1,700.00 Setting Iron Monuments $2,600.00 $2,600.00 SUB-TOTAL: $881,028.00 $881,028.00 City Design, Inspection and Administration (8%) $70,482.24 $70,482.24 Total: $951,510.24 $951,510.24 Total Project Cost $951,510.24 (1) Public Improvement/City Project. City to own and maintain after development complete. (2) Developer Installed Public Improvements. City to own and maintain after development complete. This breakdown is for historical reference; it is not a restriction on the use of the security. If a letter of credit is used to post any portion of the security, the bank shall be subject to the approval of the City Administrator. The City may draw down the security, without notice, for any violation of the terms of this Contract or upon receipt of notice that the security will be cancelled or otherwise lapse prior to the end of the required term and no City- approved replacement security has been provided. If the required public improvements are not completed at least 30 days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City Engineer or designee that work has been completed and financial obligations to the City have been satisfied, with City Engineer or designee approval the security may be reduced from time to time by 75% of the financial obligations that have been satisfied. Twenty-five percent (25%) of the public improvement and landscaping amounts certified by the Developer's engineer shall be retained as security until: (1) all improvements have been completed; (2) iron monuments for lot corners have been installed; (3) all financial obligations to the City, both actual and anticipated, have been satisfied; (4) the required "record" plans have been received by the City; (5) a warranty security is provided; and (6) the public improvements are accepted by the City. 32. INSURANCE REQUIREMENTS. Developer shall take out and maintain or cause to be taken out and maintained until six months after the City’s acceptance of the public improvements: - 12 – A. Commercial general liability insurance (including operations, contingent liability, operations of subcontractors, competed operations and contractual liability insurance) together with an Owner’s Contractor’s Policy with limits against bodily injury, including death, and property damage (to include, but not be limited to damages caused by erosion or flooding) which may arise out of Developer’s work or the work of any of its subcontractors. B. Limits for bodily injury or death shall not be less than $750,000.00 for one person and $1,500,000.00 for each occurrence; limits for property damage shall not be less than $2,000,000.00 for each occurrence. C. Worker’s compensation insurance, with statutory coverage, if applicable. D. Developer shall file a Certificate of Insurance with the City Administrator prior to commencing site grading. The City and the City Engineer shall be named as Additional Insureds on a primary and non-contributory basis on the Certificate. The Certificate shall be modified to bear the following language: Should any of the above policies be canceled, materially changed, or not renewed before the expiration date thereof, the issuing company shall give thirty (30) days written notice of the same to the Certificate Holder. In the event of cancellation due to non-payment, ten (10) day’s written notice shall be given to the Certificate Holder. Developer shall be responsible for providing the above language to its insurer. The City does not warranty that these amounts will be sufficient to cover all Developer liability related to the work on the Subject Property and Developer shall be responsible for conducting its own analysis of the appropriate levels of coverage. 33. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City at the time of final plat approval: Water Supply Trunk line area charge (TLAC) $ 62,785.84 Engineering Escrow $ 75,000.00 TOTAL CASH REQUIREMENTS LEVIED: $ 137,785.84 34. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: __Chad Onsgard, Vice President of Development___ ___1650 W 82nd Street, Suite 300________________ ___Bloomington, Minnesota 55431______________ - 13 – Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Corcoran City Hall, 8200 County Road 116, Corcoran, MN 55340. The Developer shall notify the City within five (5) days of change of address. [Signatures on pages to follow] CITY OF CORCORAN: BY: ______________________________________ Tom McKee, Mayor (SEAL) AND _____________________________________ Jay Tobin, City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _______ day of ________________, 20____, by Tom McKee and by Jay Tobin, the Mayor and City Administrator of the City of Corcoran, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________ NOTARY PUBLIC DEVELOPER: By: ______________________________________ Its: ______________________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ________ day of ________________, 20____, by __________________________________ the ____________________________________ of ______________________________________ on its behalf. ______________________________________ NOTARY PUBLIC DRAFTED BY: CITY OF CORCORAN 8200 County Road 116 Corcoran, MN 55340 EXHIBIT A (the “Subject Property”) Legal Description of Property Being Final Platted as Bellwether 10th Addition OUTLOT B, BELLWETHER 8TH ADDITION Hennepin County Property Map Date: 7/30/2024 Comments:PARCEL ID: 1211923210074 OWNER NAME: Pulte Homes Of Minnesota Llc PARCEL ADDRESS: 52 Address Unassigned,Corcoran MN 00000 PARCEL AREA: 8.76 acres, 381,478 sq ft A-T-B: Abstract SALE PRICE: SALE DATE: SALE CODE: ASSESSED 2023, PAYABLE 2024 PROPERTY TYPE: Vacant Land-Residential HOMESTEAD: Non-Homestead MARKET VALUE: $100 TAX TOTAL: $1.30 ASSESSED 2024, PAYABLE 2025 PROPERTY TYPE: Vacant Land-Residential HOMESTEAD: Non-Homestead MARKET VALUE: $1,200 This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is not suitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2024 1:4,800 Attachment 5b4. Memo To: Kevin Mattson, City of Corcoran From: Kent Torve, City Engineer Steve Hegland, PE Project: Bellwether 10th Date: July 25, 2024 Exhibits: This Memorandum is based on a review of the following documents: 1.Landscape Plan - Bellwether 10 dated 07/19/2024. 2.Signage & Lighting Plan - Bellwether 10 dated 07/19/2024. 3.Bellwether 10th Final Plat Plans dated 07/19/2024. 4.FP - BELLWETHER 10TH - DRAFT dated 07/19/24. Comments: General: 1.Consistent with the review process, a comment response letter shall be provided in which the applicant provides a written response to each of the items below. Plat: 1.Show easements on grading plan and street plan to ensure all swales with shared drainage are encompassed by a drainage easement. Erosion Control/SWPPP 1.Provide verification that the SWPPP that was provided with the grading of this phase is still applicable and if not, provide most recent copy of the SWPPP. Transportation 1.Include wings in design of ped ramps according to Corcoran Standard Detail Plates. 2.Reference City Standard detail plate STR-32 for barricades along south end of Mulberry Lane Grading /Stormwater 1.Identify on plans the EOF for Wetland 3 and rear yards of Lots 18 and 19 Block 2 2.Identify high point in lot 1 block 1 which will also be the EOF for these backyards. 3.For the wetland buffer plan o Identify the MnDOT/BWSR seed mix to be used in the buffer planting. Simply stating “planted with native species” is insufficient. o Provide plans that indicate square footage of buffer to be planted and amount of seed needed. o Indicate if a cover crop will be used. Attachment 5b5. July 25, 2024 Bellwether 10th Addition Kevin Mattson, City of Corcoran Page 2 of 2 o For sloped areas, install native mulch or erosion control blanket. o Provide a description and timeline for when site preparation will occur. Describe how existing vegetation will be removed and how buffer areas will be finish graded and made suitable for seeding. o Provide a timeframe for when the seeding will occur. 4.Indicate that re-seeding will occur to bare areas and areas with insufficient native plant establishment. Watermain/Sanitary Sewer 1.Watermain valves at 99th Place and Mulbury Lane need to be adjusted to match updated watermain alignment. End of Comments 1 We Build Consumer Inspired Homes and Communities to Make Lives Better “Bellwether 10th Addition” APPLICATION FOR: PUD Final Development Plan, Final Plat 10th Addition CORCORAN, MINNESOTA May 2, 2024 Introduction Pulte Homes of Minnesota, LLC (“Pulte”) is pleased to be submitting the 10th application for Bellwether. We have previously submitted applications for approval on Bellwether Preliminary Plat and 1st through 9th Additions. This will be the 10th and final application for the Bellwether neighborhood. The 10th Addition will add 26 lots to the continuation of Bellwether and Pulte will act as both developer of the property and builder of the homes within Bellwether. The primary contact for Pulte is: Chad Onsgard, Vice President of Development 1650 W 82nd Street, Suite 300 Bloomington, MN 55431 952-229-0723 Chad.Onsgard@pultegroup.com Property Legal Description Outlot B, Bellwether 8th Addition. Bellwether 10th Addition Final Plat & Final PUD Plan The final plat for the 10th Addition is consistent with the approved Preliminary PUD Development Plan for Amberly and Bellwether. Attachment 5b6. 2 Scope & Boundary Outlot B, Bellwether 8th Addition will be platted into 26 lots and 1 Outlot. Utilities will be served from Bellwether 8th Addition and will extend to the south property line for future development. Mulberry Lane will be extended to the south property line and also include a new culdesac along with sidewalks on both streets. Park Dedication Park Dedication was satisfied from dedication in previous phases. Right-of-Way Dedication Required Right of Way will be dedicated along public streets as well as required drainage and utility easements for drainage areas and ponding. Homes, Architecture and Lot Types The homes and architecture will be consistent with Preliminary Plat and previous architectural approvals including materials, setbacks and driveways. All of the lots in the 10th Addition are Garden lots which are 44’ wide and will be built as slab on grade foundations. Attachment 5b7. Attachment 5b8. SHEET 1 OF 2 SHEETS BELLWETHER 10TH ADDITION C.R. DOC. NO._________ KNOW ALL PERSONS BY THESE PRESENTS: That Pulte Homes of Minnesota, LLC, a Minnesota limited liability company, owner of the following described property: OUTLOT B, BELLWETHER 8TH ADDITION Has caused the same to be surveyed and platted as BELLWETHER 10TH ADDITION and does hereby dedicate to the public for public use the public ways and the easements for drainage and utility purposes as created by this plat. In witness whereof said Pulte Homes of Minnesota, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this day of , 20____. Signed: Pulte Homes of Minnesota, LLC Jamie Tharp, Chief Manager STATE OF MINNESOTA, COUNTY OF This instrument was acknowledged before me this day of , 20____, by Jamie Tharp, Chief Manager of Pulte Homes of Minnesota, LLC, a Minnesota limited liability company, on behalf of the company. My Commission Expires: Notary Public, County, Minnesota (Signature) (Notary Printed Name) SURVEYORS CERTIFICATE I Daniel L. Schmidt do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been or will be correctly set within one year; that all water boundaries and wet lands, as defined by Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 20____. Daniel L. Schmidt, Licensed Land Surveyor Minnesota License No. 26147 STATE OF MINNESOTA, COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 20____, by Daniel L. Schmidt. My Commission Expires: Notary Public, Hennepin County, Minnesota (Signature) (Notary Printed Name) CITY COUNCIL, CITY OF CORCORAN, MINNESOTA This plat of BELLWETHER 10TH ADDITION was approved and accepted by the City Council of the City of Corcoran, Minnesota at a regular meeting thereof held this day of , 20____, and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. City Council, City of Corcoran, Minnesota By:, Mayor By:, Clerk COUNTY AUDITOR Hennepin County, Minnesota I hereby certify that taxes payable in and prior years have been paid for land described on this plat, dated this day of , 20____. Daniel Rogan, County Auditor By: , Deputy SURVEY DIVISION Hennepin County, Minnesota Pursuant to Minnesota Statutes Section 383B.565 (1969), this plat has been approved this day of , 20____. Chris F. Mavis, County Surveyor By: COUNTY RECORDER Hennepin County, Minnesota I hereby certify that the within plat of BELLWETHER 10TH ADDITION was recorded in this office this day of , 20____, at o'clock M. Amber Bougie, County Recorder By:, Deputy SR R G N NE EN IG E D E S I E NN SATHRE-BERGQUIST, INC. S US S Y R S O ER E VR P L A Attachment 5b9. 7 OUTLOT B 18 17 19 1 3 4 5 6 7 2 8 9 10 15 16 13 14 12 113 4 5 6 2 1 OUTLOT A 1 2 2 2 Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ ΔΔΔΔ Δ Δ Δ Δ Δ Δ ΔΔ 9 9 T H P L A C E M U L B E R R Y L N OUTLOT A Δ Δ Δ OUTLOT B Δ Δ Δ Δ Δ Δ Δ 0 SCALE IN FEET 50 25 25 50 100 NOT TO SCALE 10 5 5 Being 5 feet in width and adjoining lot lines, unless otherwise indicated, and being 10 feet in width and adjoining right of way lines, unless otherwise indicated, as shown on this plat. 10 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: SHEET 2 OF 2 SHEETS NO R T H C.R. DOC. NO._________ The basis for the bearing system is the south line of OUTLOT B, BELLWETHER 8TH ADDITION and is assumed to bear North 89 degrees 59 minutes 37 seconds West. BELLWETHER 10TH ADDITION SR R G N NE ENIG E D E S I E NN SATHRE-BERGQUIST, INC. S US S Y R S O ER E VR P L A Denotes a 1/2 inch by 14 inch iron pipe monument set and marked by License No. 26147. Denotes a 1/2 inch pipe monument found and marked by License No. 26147, unless shown otherwise. Attachment 5b10. Attachment 5b11. STAFF REPORT Agenda Item: 5c. Council Meeting: August 8, 2024 Prepared By: Director Gottschalk Topic: Community Service Officer Hiring Process and Selection Action Required: Authorization Summary: The Police Department has employed Community Service Officer’s (CSO’s) for the past several years to assist the department with day-to-day tasks, city errands, evidence delivery, equipment maintenance, event preparation, and low-level calls for service. We have historically utilized multiple part-time CSO’s to accomplish the city’s needs. The department’s last part-time CSO started as a full-time Police Officer for the city on July 21, 2024, and the department is currently without a CSO. To continue to meet the city’s needs the 2024 budget includes the transition from multiple part-time CSO’s to one full-time CSO in July of this year. In future years the department intends to add additional part-time CSO’s back into the staffing plan. Staff is requesting authorization from Council to hold a hiring process for full-time Community Service Officer and authorization for the City Administrator to extend a lateral entry job offer to the preferred candidate. The job description is currently in the process of being updated with the current compensation and classification study, but the update is not complete yet. The existing job description from 2020 is attached. Financial/Budget: The position is included in the 2024 operating budget. Council Action: 1. Consider a motion to authorize staff to hold a hiring process for full-time Community Service Officer and authorization for the City Administrator to extend a lateral entry job offer to the preferred candidate. Attachments: 1. Community Service Officer Job Description COMMUNITY SERVICE OFFICER  ©City of Corcoran 2020 1  City of Corcoran Job Summary: The Community Service Officer provides assistance to the Police Department under the general  direction of the Director of Public Safety, and Police Lieutenant within the limitations set forth by state  statutes, city ordinances, department policies, and regulations. A variety of assignments may include  non‐criminal incidents, investigating animal complaints, enforcing parking ordinances, directing traffic,  and providing general assistance to residents of the community.  Scope of Impact:  This position supports the Director of Public Safety, Police Lieutenant, Police Officers, and Police  Administrative Assistants.   Essential Duties and Responsibilities:  Engages community members in identifying and resolving neighborhood problems through community‐oriented governance techniques. o Actively builds and maintains positive relationships throughout the community; o Analyzes crime trends; o Utilizes inclusive problem solving strategies; o Facilitates communication with all areas of local government to address residents’ quality of life concerns; o Firmly, tactfully, and courteously handles situations with respect for the rights of others; o Consults with local businesses and individuals to provide best practices for crime reduction and crime prevention through environmental design; o Maintains business directories for CAD; o Participates in crime prevention, community policing, and neighborhood watch activities; o Manages and participates in public education programs as assigned. Patrols City streets, parks, commercial, and residential areas to preserve peace and enforce the law through traffic control and the prevention and detection of criminal conduct. o Works varying shifts; o Works within constitutional, statutory, case law, and policy boundaries; o Maintains appropriate licenses and certifications, Minnesota Driver’s License, medical certifications, etc. as necessary to perform the duties of the position; o Responds to requests for assistance; o Directs traffic at events and traffic crash scenes; o Requests checks on car registrations and issues parking tickets; o Issues citations for violations of City ordinance; o Transports prisoners and suspects; Department: Police  Reports To: Police Lieutenant  FLSA Part‐time Year‐round  Revision Date: September, 2020  Agenda Item 5c1.   COMMUNITY SERVICE OFFICER  ©City of Corcoran 2020 2      o Provides emergency medical assistance and support;  o Testifies at court trials and hearings;  o Develops, composes, and presents detailed written reports;  o Prepares for and responds to severe weather incidents;  o Maintains roadway safety by assisting with traffic crashes, assisting stranded motorists,  removing hazards, and notifying responsible authorities of repair needs;  o Monitors crime areas and makes business checks or vacation checks of private dwellings;  o Effectively and professionally communicates with members of the public and City staff;  o Expertly operates a variety of motor vehicles;  o Cleans, maintains, and fuels department vehicles;  o Appropriately utilizes a variety of electronic communication devices including portable  radios, computers, and cellular telephones;  o Manages public safety functions at community events;  o Exercises sound judgment;  o Conducts field training of Reserve Officers or CSO’s;  o Investigate and manage animal complaints;  o Provides mutual aid to other departments during emergency situations.     Responds to inquiries from the public on the phone or in person such as complaints, law  interpretation, or referrals to the proper agency.  o Provides literature and resources to the public;  o When unable to directly resolve the issue, facilitates an appropriate answer or direction;  o Recognizes opportunities to counsel, provide guidance and service to the public as a means  of developing community understanding and cooperation in matters related to public safety  and law enforcement.     Performs departmental tasks.  o Delivers city documents to the City Council, Planning Commission, Parks and Trails, courts or  others as requested or assigned;  o Assists the public with report and permit requests;  o Performs maintenance and cleaning of facilities and equipment as needed;  o Makes other department‐related pickups or deliveries as requested including, squad  maintenance, equipment maintenance, and evidence handling.        Performs other duties and activities as apparent or assigned.    Minimum Qualifications:    Candidates must be 18 years of age or older and must have a valid Minnesota Driver’s License or the  ability to obtain one within 30 days. Candidates for this position must have a high school diploma or  equivalent. Candidates must pass a comprehensive background check and physical exam.     Desired Qualifications:    Additional desired qualifications include previous experience in public safety to include, Law  Enforcement Explorers, Police Reserves, or enrollment in a Minnesota law enforcement educational  program. Fluency in a second language or sign language is desired.        COMMUNITY SERVICE OFFICER  ©City of Corcoran 2020 3          Knowledge, Skills and Abilities Required for Successful Job Performance:     Verbal and high‐level written communication skills sufficient to effectively present information and  respond to questions from a wide variety of audiences, and reading comprehension skills sufficient  to read, understand, and interpret complex and varied work‐related materials;   Acceptable math skills including: the ability to add, subtract, multiply, and divide in all units of  measure, using whole numbers, common fractions, and decimals; the ability to compute rate, ratio,  and percent; the ability to measure distances; the ability to perform mathematical formulas  involving decimals and fractions for alcohol testing and accident reconstruction;   Acceptable reasoning ability including: the ability to define problems, collect data, establish facts,  and draw valid conclusions; the ability to interpret an extensive variety of technical instructions in  mathematical diagram form and deal with several abstract and concrete variables; the ability to  quickly process information and make decisions;   Ability to analyze and resolve problems where precedent may not always exist; must be able to use  extremely good judgment quickly and utilize all knowledge of police policies and procedures, civil  rights laws, State and Federal mandates, court decisions and all training received;   Strong interpersonal and communication skills in dealing with difficult situations and people; ability  to work cooperatively with all city departments;   Maintains skilled proficiency in emergency medical response;   Ability to quickly learn, understand, interpret and apply City ordinances, state statutes, and federal  laws.   Knowledge of the legal process, chain of custody, methods of handling evidence and techniques for  interrogation of witnesses and suspects;   Knowledge of the functions and responsibilities of City Departments;   Ability to perform in a professional and courteous manner when responding to requests from the  public and other staff members;   Ability to maintain a positive attitude toward work, the public, and coworkers;   Knowledge of and ability to operate standard office software sufficient to manipulate data, draft  reports and maintain records;   Ability to work effectively as a member of a team;   Ability to work independently and without direct supervision;   Ability to prioritize work requests;   Ability to work and to remain in control of a variety of stressful situations;   Knowledge of data privacy laws and ability to maintain highest confidentiality when dealing with  sensitive or private information.   Consistent attendance during regularly scheduled work hours and outside regularly scheduled hours  as needed.      COMMUNITY SERVICE OFFICER  ©City of Corcoran 2020 4        Physical and Mental Requirements:    Physical effort varies from low to very high with intermittent and indeterminate periods of rest. This  position will require smelling, feeling, sitting, standing, twisting, turning, walking, repetitive  movements, bending, crouching, kneeling, squatting, reaching overhead, grasping, lifting and carrying  of heavy objects, pulling, sustained holding, climbing, and manipulating objects requiring manual  dexterity.    The employee must be able to speak intelligibly, hear, and read. New hire candidates will not meet  required hearing standards if an average hearing loss in the unaided ear is greater than 40 decibels (Db)  at 500 Hz, 1000 Hz, 2000 Hz, and 3000 Hz. Specific vision abilities required by this position include close  vision, color vision, distance vision, peripheral vision, and depth perception. New hire candidates will not  meet minimum entrance vision standards if far visual acuity is less than 20/40 binocular, corrected with  contact lenses or spectacles, or if far visual acuity is less than 20/100 binocular for wearers of contact  lenses or spectacles, uncorrected.    Report preparation and word processing will at times require extended use of a computer monitor and  keyboard. Work interruptions are frequent. The position requires the ability to skillfully operate police  emergency vehicles, police ATVs, Mobile Digital Computer, digital recording equipment, emergency  first aid equipment, computers and related software, and police restraints.    Working Conditions:    Work is divided between field patrol and an office environment. Patrol work can involve extreme  weather conditions. While performing the duties of this position employees may be exposed to extreme  heat and cold, wet and/or humid conditions, moving mechanical parts, vibrations, high or precarious  places, fumes, airborne particles, and toxic or caustic chemicals.    Dealing with public safety responses can present a danger of injury. Exposure to trauma and criminal  activity can present and disagreeable conditions will occur on an intermittent basis. Incumbent must  be able to work extended hours on an emergency basis and work unusual hours if required, either by  direction or necessity.    Some requirements in this job description may exclude individuals who pose a direct threat or significant risk to the health  and safety of themselves or other employees. All requirements are subject to modification to reasonably accommodate  individuals with disabilities.    Requirements are representative of minimum levels of knowledge, skills, and experience required. To perform this job  successfully, the worker must possess the abilities and aptitudes to perform each duty proficiently.    This document does not create an employment contract, implied or otherwise, other than an "at will" employment  relationship. The City Administrator retains the discretion to add duties or change the duties of this position at any time.    Employee:  _ Date:     STAFF REPORT Agenda Item: 5d. Council Meeting August 8, 2024 Prepared By Jay Tobin Topic: Administrative Assistant Resignation and Deputy City Clerk Hire Action Requested: Ratification of Acceptance, Approval, and Authorization Summary On July 26, 2024, the City received Administrative Assistant Linda Canton's resignation, effective August 8, 2024. She was receiving 8% additional pay for stepping up to assist with City Clerk election responsibilities in the near term. I communicated, in writing, the City’s acceptance of her resignation on July 26, 2024. I am requesting that the City Council formally ratify this acceptance and acknowledge the last date of employment proposed by Ms. Canton. City Council approved upgrading the Administrative Assistant position to Deputy City Clerk as part of the organizational restructure on April 25, 2024. It was intended that the Deputy Clerk position would be refined as part of the compensation and classification study, however, due to the significant needs in this election year, staff is requesting immediate approval of the updated job description and authorization to begin the hiring process to hire a Deputy City Clerk to fill the vacancy immediately. Financial/Budget The new Deputy Clerk wages at Grade 8 are not expected to exceed what the City has been paying for the Administrative Assistant at Grade 6 + the 8% for election support. Council Action Ratify the July 26, 2024 acceptance the resignation of Linda Canton, acknowledge her last date of employment with the City to be August 8, 2024, approve the new Deputy City Clerk job description, and authorize staff to begin the hiring process for a Deputy City Clerk to fill the vacancy immediately. Attachments 1.Linda Canton's Letter of Resignation. 2.Deputy City Clerk Job Description 3.Administration Department Organizational Structure Agenda Attachment: 5d1. DEPUTY CLERK ©City of Corcoran 2024 1 Department: Administration Reports To: City Clerk Points: 237 Grade: 8 FLSA: Non-Exempt Bargaining Unit: NA Revision Date: July 2024 Job Summary: The Deputy Clerk assists in carrying out the statutory duties of City Clerk to include responding to data requests and supporting elections, while serving as the first point of contact for the city for phone and public inquiries. The position supports quality customer service, effective communications, and detailed records retention for the Administration Department, City Council, and City Commissions. Scope of Impact: The Deputy Clerk impacts the initial impression of the city and effectiveness of the administration department. This position performs assigned duties without a need for significant work direction on daily tasks. Work is guided by the City Clerk. This position has no supervisory responsibility. Essential Duties and Responsibilities: •Provides excellent customer service and assistance to the public and staff at all levels: o Primary front desk support/receptionist with main priority answering phone calls and responding to general public inquires, making referrals to appropriate staff when required; monitors and reports trends in citizen calls and inquiries; o Answer telephone calls and route to appropriate department or person; o Assists callers or persons when staff are occupied by managing their inquiry or taking a detailed message, determining whether the priority is high enough to interrupt another call or meeting; o Assists citizens with general information, including but not limited to processes and contact information; o Receive and distribute correspondence, and receive, sort, index, file, and retrieve forms, correspondence, and documents; o Maintains a supply of department forms and office materials; o Coordinates office supply ordering and obtaining appropriate department approvals for supplies; City of Corcoran Agenda Attachment: 5d2. DEPUTY CLERK ©City of Corcoran 2024 2 o Coordinates office equipment repair with appropriate repair technicians and/or vendors; o Accepts payments for utility billing; o Assists all departments as needed. • Provide support to the Administration Department: o Prepares, types, edits, and proofreads a variety of documents including general correspondence, reports, agendas and minutes; invoices and enters data and information into various computer programs; o Oversees the logistics for events/meetings, including scheduling and set up of facilities, equipment, and refreshments/catering as needed; Assists with various licensing functions including but not limited to alcohol and tobacco in accordance with the City Code and Minnesota State Statute • Assists the statutory and City functions of City Clerk: o Maintains files and appropriate documentation of bookkeeping and administrative functions, in order to satisfy legal requirements; o Performs duties delegated by the City Clerk including legal notices, preparation of public meeting minutes, resolutions, ordinances, bid openings and other duties as assigned; o Attends City Council meetings during the absence of the City Clerk o Assists various departments with ordinance amendment requests (researches issue, prepares Council packet information, coordinates with City Attorney on the City’s behalf to draft the amendment); o Performs duties relating to records management, ensuring compliance with the State Records Retention Schedule and Minnesota Government Data Practices Act; Assists with elections and related processes, including election night support • Provides City Council and City Commission support: o Assembles packets and handouts for City Council and Commission meetings, including updates to the city’s website; o Prepares correspondence, agendas and presentations as requested; o Coordinates the preparation and distribution of agenda information for City Council and Commission meetings; o Oversees the logistics for Council, Commission, and other community meetings, including scheduling of facilities, equipment, refreshment requirements as needed. • Coordinates document scanning: o Scans new documents for retention in city files and organizes them based on the overall document filing convention; o Coordinates the scanning of the city’s existing paper files; o Ensures that electronic files are regularly backed up per policy. • Performs other duties and activities as assigned Minimum Qualifications: The job requires an associate’s degree and three or more years of customer service experience, or equivalent. Ability to receive certification by the Minnesota Clerks and Finance Officers Association as a Minnesota Certified Clerk within three years. Additional two years of experience in related field may be used as equivalent for associate’s degree. DEPUTY CLERK ©City of Corcoran 2024 3 Desired Qualifications: Additional desired qualifications include knowledge of governmental practices and policies, including working with boards and commissions. A Certified Municipal Clerk of Minnesota or progress toward certification is desirable. Knowledge, Skills and Abilities Required for Successful Job Performance: • Customer service skills including demonstrated ability to build positive relationships with employees and managers; • Knowledge of the functions and responsibilities of City Departments, staff, and key community members; • Knowledge of public information laws, rules, and regulations applicable to City government; • Knowledge of and ability to operate accounting software and standard office software, including strong Excel skills sufficient to manipulate data, draft reports and maintain records; • Ability to analyze and resolve problems; • The ability to work independently and to prioritize work requests; ability to plan coordinate and prioritize workload to meet project deadlines; • Verbal and high-level written communication skills sufficient to effectively present information and respond to questions from a wide variety of audiences, and reading comprehension skills sufficient to read, understand and interpret complex and varied work-related materials; • Knowledge of data privacy laws and ability to maintain highest confidentiality when dealing with sensitive or private information. Physical and Mental Requirements: Physical effort is light, with lifting or carrying up to 25 pounds intermittently. Report preparation and word processing will at times require extended use of a keyboard. Work interruptions are frequent. The City Clerk must be able to use judgment to respond to situations occurring during the absence of the Administrator. Working Conditions: Work is performed in a normal office environment. Attendance at evening meetings is required intermittently. Work may involve dealing with and calming individuals who are emotionally charged over an issue. Some requirements in this job description may exclude individuals who pose a direct threat or significant risk to the health and safety of themselves or other employees. All requirements are subject to modification to reasonably accommodate individuals with disabilities. Requirements are representative of minimum levels of knowledge, skills, and experience required. To perform this job successfully, the worker must possess the abilities and aptitudes to perform each duty proficiently. This document does not create an employment contract, implied or otherwise, other than an "at will" employment relationship. The City Administrator retains the discretion to add duties or change the duties of this position at any time. Deputy Clerk (Grade 8: 1 FTE) Finance Manager (Grade 13: 1 FTE) Abdo Finance Services (Contract) Election Judges (.2 FTE) Accountant (Grade 8: 1 FTE) Assistant City Administrator (Grade 15: 1 FTE) City Clerk (Grade 11: 1 FTE) Human Resources Generalist (Grade 11: 1 FTE) Auditors: (Contract) Assessments: (Contract) Communications Assistant (Grade 10: 1 FTE) Information Technology Manager (Grade 12: 1 FTE) City Council City Administrator (Grade 20: 1 FTE) Commissions (Charter, Planning Parks & Trails,) City Attorney (Contract) Corcoran Citizens Information Technology (Contract) City of Corcoran Administration Department Agenda Attachment: 5d3. STAFF REPORT Agenda Item: 5e. Council Meeting August 8, 2024 Prepared By Jay Tobin Topic: Finance Manager Resignation and Hiring Action Requested Acceptance and Authorization Summary On July 30, 2024, the City received Finance Manager Jodie Peterson's resignation effective August 16, 2024, after being internally appointed by City Council to the position on June 20, 2024 from the city's Accountant position. Staff are requesting acceptance of the resignation and authorization from the Council to begin the hiring process and fill the vacancy immediately. Financial/Budget The Finance Manager position is budgeted for 2024. Council Action Accept the resignation of Jodie Peterson and authorize staff to begin the hiring process to fill the vacancy immediately. Attachments 1.Jodie Peterson's Letter of Resignation. 2.Finance Manager Job Description 3.Administration Department Organizational Structure Agenda Attachment: 5e1. FINANCE MANAGER ©City of Corcoran 2021 1 City of Corcoran Job Summary: Administers and supervises financial and payroll functions and serves as City Treasurer in accordance with state statutes, municipal ordinances and directives from the City Administrator, Mayor, and Council. Responsibilities include accurately accounting for financial transactions and funds; managing financial assets; managing all accounting functions including payroll and benefits; the management of investments and the purchase of insurance coverage. Scope of Impact: The Finance Manager works under the supervision of the City Administrator and is expected to perform assigned duties without a need for significant work direction on daily tasks. The Finance Manager has supervises the Accountant position and is responsible for the oversight of accounting and financial planning and activities for the City and performs high level accounting functions. Essential Duties and Responsibilities: o Maintain all financial records and reports on the financial condition of the City, including cash flow, indebtedness and borrowing requirements. Report financial information to the City Administrator, Council and department heads. This includes financial recordkeeping for the General Fund and Enterprise Funds. Applies knowledge of Generally Accepted Accounting Principles and State Auditors guidelines. o Applies principles of prudent financial management to ensure that all resources are properly safeguarded. o Ensures that resources are received and expended per policy. o Maintain a system of internal control that provides reasonable assurance that the City’s assets are clearly identified for purposes of decision making and management •Collaborates with the City Administrator to maintain a purchasing policy in compliance with State Law and Generally Accepted Accounting Principles •Supervises the administration of payroll, coordinates the payments of employee ancillary benefits, and stays apprised of city utility impacts and needs. o Remains current with changes in law that may affect worker’s compensation insurance and employee benefit programs. o Performs periodic analysis of utility rates to assure that receipts adequately cover costs of the utility, and that financial stability is maintained. Department: Administration Reports To: City Administrator Points: 358 Grade: 13 FLSA: Exempt Bargaining Unit: N/A Revision Date: June 2024 AAgenda Attachment Item: 5e2. FINANCE MANAGER ©City of Corcoran 2021 2 •Manage the annual audit and budget process. o Supervises the preparation of all required budget work papers including those submitted by departments. o Reviews department requests with the City Administrator and leadership team. o Coordinates the Capital Improvement Plan with department heads. o Formulates revenue projections for all funds within the constraints of applicable laws and matches income with expenditure requests for various departments. o Assists in presenting the proposed budget to the City Council. o Incorporates all City Council directed changes into the proposed budget. o Manages the preparation of the final adopted budget. o Files all necessary documents with the State and County regarding tax levies, levy limits, etc. o Provides a quarterly budget report to the City Council and monthly budget reports to departments and City Administrator. •Maintains a system of financial control and debt management to protect the finance condition of the city and its various operations. o Ensures that all debt instruments issued by the City are adequately funded by tax levies, special assessments or other sources of revenue. o Advises the City Administrator and City Council, as necessary, on various financial matters. o Reviews all construction projects being proposed for their impact on available resources, bonded debt rating and the City’s ability to provide future resources for those purposes. o Reviews fund balances for adequacy and recommends adjustments when necessary. o Identifies financing mechanisms for unusual or unanticipated financial needs. o Maintains files, monitors impact and advises as necessary regarding the collections of special assessments, including delinquencies, various deferral programs and tax forfeiture. •Supervises the preparation of various reports. o Manages preparation of the Annual Financial Report and the Financial Management plan, as well as long range revenue and expenditure plans. o Prepares financial reports as required by the various state and federal regulations. o Prepares survey responses as requested by outside agencies or organizations. o Prepares special reports and analysis, determines scope, prepare reports and makes recommendations on special issues as necessary. •Ensures that all City investments meet policy guidelines and state requirements. Design and supervise a system of investments that assures all idle cash is invested in a manner to protect investment principal and maximize investment yields in compliance with statutes and policy. •Coordinate and supervise the issuance of bonds as directed by the City Council or as required by projects. o Reviews the requirements prepared for various construction projects and presents initial bonding proposals to the City Council. o Works with the city’s financial consultant in issuing required debt and preparing rating presentations. o Review bids received on bonds and recommends action to the City Council. FINANCE MANAGER ©City of Corcoran 2021 3 •Supervises maintenance of a fixed asset system that ensures that all City property is properly controlled and insured. •Supports the administration of the City’s insurance policies and programs, including liability, workers compensation, and property. o Assists in review of bid specifications, analysis of bids, and recommends action. o Assists in review of policies, claims, renewals and policy changes. o Remains current with changes in law that may affect insurance policies. o Recognizes potential legal liability for the city resulting from city policies or practices and recommends actions to control or minimize the potential liability of such activities. •Oversees the data processing operation to assure the proper coordination with other departments and to evaluate the informational services being provided. •Manages and supervises assigned operations to achieve goals within available resources. o Plans and organizes workloads and staff assignments; trains, develops, motivates, and evaluates assigned staff; reviews progress and directs changes as needed. o Determines work procedures, prepares work schedules and expedites workflow studies and standardizes procedures to improve efficiency and effectiveness or operations. o Issues written and oral instructions; assigns duties and examines work for exactness, neatness and conformance to policies and procedures. o Maintains harmony among workers and resolves grievances; assists subordinates in performing duties; corrects errors and complaints. o Periodically reviews the position description of finance and administration employees to ensure accuracy. o Performs timely performance evaluations of finance employees. •Performs other duties and activities as apparent or assigned. Minimum Qualifications: Bachelor’s degree in accounting, business administration, or public administration with an emphasis in accounting and/or public finance. Three years of experience in government and accounting operations, working with and/or supervising data processing operations. Desired Qualifications: Master’s degree in accounting, business administration, or public administration with an emphasis in accounting and public finance. Certified Public Accountant. Supervisory experience. Knowledge, Skills and Abilities Required for Successful Job Performance: •Knowledge of Generally Accepted Accounting Principles as defined by GASB; •Knowledge of governmental accounting procedures as defined by the GFOA; •Knowledge of city operations and practices related to finance, budgeting, and accounting; •Knowledge of laws, practices and regulations applicable to City government finances; •Knowledge of investment options and banking activities; FINANCE MANAGER ©City of Corcoran 2021 4 •Knowledge of the functions and responsibilities of city departments, staff, and key community members. •Knowledge and understanding of the application of Minnesota Real Estate tax laws and other tax laws regarding municipal finance. •Knowledge of and ability to operate accounting software and standard office software, including strong Excel skills sufficient to manipulate data, draft reports and maintain records. •Knowledge of data privacy laws and ability to maintain highest confidentiality when dealing with sensitive or private information. •Customer service skills including demonstrated ability to build positive relationships with employees and managers. •Verbal and high‐level written communication skills sufficient to effectively present information and respond to questions from a wide variety of audiences, and reading comprehension skills sufficient to read, understand and interpret complex and varied work‐related materials. •Ability to train department staff in the use of software. •Ability to perform research, assemble information, and prepare reports and studies. •Ability to exercise initiative, discretion, and independence of judgment. •Ability to work effectively under pressure and to competently handle numerous diverse tasks in a single time‐period. •The ability to work independently and to prioritize work requests; ability to plan coordinate and prioritize workload to meet project deadlines. •Ability to prepare and administer an annual budget. •Ability to analyze and interpret financial information and accurately prepare financial statements and reports. Physical and Mental Requirements: Physical effort is light, with lifting or carrying up to 25 pounds intermittently. Report preparation and word processing will at times require extended use of a keyboard. Work interruptions are frequent. Working Conditions: Work is performed in a normal office environment. Attendance at evening meetings is required. Work may involve dealing with and calming individuals who are emotionally charged over an issue. Some requirements in this job description may exclude individuals who pose a direct threat or significant risk to the health and safety of themselves or other employees. All requirements are subject to modification to reasonably accommodate individuals with disabilities. Requirements are representative of minimum levels of knowledge, skills, and experience required. To perform this job successfully, the worker must possess the abilities and aptitudes to perform each duty proficiently. This document does not create an employment contract, implied or otherwise, other than an "at will" employment relationship. The City Administrator retains the discretion to add duties or change the duties of this position at any time. Employee: Date: Deputy Clerk (Grade 8: 1 FTE) Finance Manager (Grade 13: 1 FTE) Abdo Finance Services (Contract) Election Judges (.2 FTE) Accountant (Grade 8: 1 FTE) Assistant City Administrator (Grade 15: 1 FTE) City Clerk (Grade 11: 1 FTE) Human Resources Generalist (Grade 11: 1 FTE) Auditors: (Contract) Assessments: (Contract) Communications Assistant (Grade 10: 1 FTE) Information Technology Manager (Grade 12: 1 FTE) City Council City Administrator (Grade 20: 1 FTE) Commissions (Charter, Planning Parks & Trails,) City Attorney (Contract) Corcoran Citizens Information Technology (Contract) City of Corcoran Administration Department Agenda Attachment: 5e3. STAFF REPORT Agenda Item: 5F. Council Meeting August 8, 2024 Prepared By Kevin Mattson Topic Watershed Commissioner Resignation and Publish Vacancy Action Required Decision Summary Elm Creek Watershed Commissioner Kenneth Guenther has issued a resignation notice to the City Council. The notice was received August 1, 2024. The process for filling an Elm Creek Watershed Commission seat is as follows: 1. Accept Resignation 2. Publish vacancy in newspaper for 15 days 3. Appoint new commissioner after 15-day period. Minnesota Statue 103b.227 subdivision 2 is applicable: Subd. 2.Notice of board vacancies. Appointing authorities for watershed management organization board members shall publish a notice of vacancies resulting from expiration of members' terms and other reasons. The notices must be published at least once in a newspaper of general circulation in the watershed management organization area. The notices must state that persons interested in being appointed to serve on the watershed management organization board may submit their names to the appointing authority for consideration. After December 31, 1999, staff of local units of government that are members of the watershed management organization are not eligible to be appointed to the board. Published notice of the vacancy must be given at least 15 days before an appointment or reappointment is made. Financial/Budget Minimal cost to publish vacancy in local paper will be absorbed in 2024 budget. Options 1. Accept the resignation of Commissioner Guenther, declare a vacancy, and authorize staff to publish the vacancy and schedule appointment discussion. Council Action 1. Consider a motion accepting the resignation of Commissioner Kenneth Guenther effective August 1, 2024, and declare a vacancy for that position. 2. Authorize staff to publish the vacancy for Elm Creek Watershed Management Commission. Page 2 3. Authorize staff to schedule the appointment discussion for September 12, 2024. Attachments 1. Resignation Letter 1 KENNETH S. GUENTHNER 6315 Butterworth Lane Corcoran, MN 55340 Tel. 612-710-0734 kenguenthner@gmail.com August 1, 2024 Mr. Tom McKee City of Corcoran 8200 County Road 116 Corcoran, MN 55340 Dear Mayor McKee: I am writing to submit my resignation as Corcoran’s Commissioner on the Elm Creek Watershed Management Commission. My resignation will become effective upon adjournment of the Commission’s September 11, 2024 meeting. I have appreciated the opportunity to represent the City on the Commission and offer my sincere best wishes for your continued stewardship at City Hall. Your truly, Kenneth Guenthner Cc: Jay Tobin Kevin Mattson Memo To: Kevin Mattson, PE, PW Director From: Steve Hegland, PE Nick Wyers, PE Project/File: 227705033 Date: July 31, 2024 Subject: Pay Request #5 to S.M. Hentges & Sons – Street and Utility Construction for City Center Drive and 79th Place Council Action Requested Staff is recommending the City Council Approve Pay Application #5 for the Street and Utility Construction for City Center Drive and 79th Place to S.M. Hentges & Sons in the amount of $161,824.04 Summary The contractor S.M.Hentges & Sons has completed the road construction and base course lift of bituminous pavement on this project. All landscaping concrete has been poured, and streetlights and are installed and operational. The signed payment request form and pay application is attached for review. Below is a summary of the work completed to date: Total Contract Value to Date $5,748,778.99 Work Completed to Date $4,763,314.53 5% Retainage $238,165.73 Amount Paid to Date $4,363,324.76 Total Pay App #5 $161,824.04 Engineer’s Recommendation We recommend approving Pay Request #4 to S. M. Hentges & Sons in the amount of $161,824.04. Engineer’s Recommendation We recommend approving Pay Request #5 to S. M. Hentges & Sons in the amount of $161,824.04. Agenda Item 5g. LINE NO.ITEM UNIT QUANTITY UNIT PRICE TOTAL PRICE QUANTITY COST QUANTITY COST QUANTITY COST 1 MOBILIZATION LUMP SUM 1 150,000.00$ 150,000.00$ 0.75 112,500.00$ 0.75 112,500.00$ 0.00 -$ 2 PAVEMENT MARKING REMOVAL LIN FT 8119 0.80$ 6,495.20$ 4551 3,640.80$ 4,551.00 3,640.80$ 0.0 -$ 3 SALVAGE SIGN EACH 4 41.00$ 164.00$ 2 82.00$ 1.00 41.00$ 1.0 41.00$ 4 REMOVE SIGN EACH 3 41.00$ 123.00$ 0 -$ 0.00 -$ 0.0 -$ 5 REMOVE CATCH BASIN EACH 1 330.00$ 330.00$ 1 330.00$ 1.00 330.00$ 0.0 -$ 6 REMOVE SEPTIC TANK LUMP SUM 1 10,000.00$ 10,000.00$ 1 10,000.00$ 1.00 10,000.00$ 0.0 -$ 7 REMOVE CURB AND GUTTER LIN FT 30 12.90$ 387.00$ 50 645.00$ 50.00 645.00$ 0.0 -$ 8 SAWING BITUMINOUS PAVEMENT (FULL DEPTH)LIN FT 2618 3.00$ 7,854.00$ 2200 6,600.00$ 2,200.00 6,600.00$ 0.0 -$ 9 REMOVE CULVERT LIN FT 236 8.00$ 1,888.00$ 206 1,648.00$ 206.00 1,648.00$ 0.0 -$ 10 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD 30 4.00$ 120.00$ 21.5 86.00$ 21.50 86.00$ 0.0 -$ 11 REMOVE BITUMINOUS PAVEMENT SQ YD 2770 4.00$ 11,080.00$ 2068 8,272.00$ 2,068.00 8,272.00$ 0.0 -$ 12 MILL BITUMINOUS PAVEMENT 2" DEPTH SQ YD 560 16.00$ 8,960.00$ 898 14,368.00$ 898.00 14,368.00$ 0.0 -$ 13 REMOVE GRAVEL SURFACING SQ YD 829 2.00$ 1,658.00$ 0 -$ 0.00 -$ 0.0 -$ 14 REMOVE TREE EACH 90 382.00$ 34,380.00$ 92 35,144.00$ 92.00 35,144.00$ 0.0 -$ 15 STRIP, STOCKPILE, AND RESPREAD TOPSOIL LUMP SUM 1 45,000.00$ 45,000.00$ 1 45,000.00$ 0.75 33,750.00$ 0.3 11,250.00$ 16 GRANULAR BORROW TON 170 30.00$ 5,100.00$ 0 -$ 0.00 -$ 0.0 -$ 17 COMMON TOPSOIL BORROW SPECIAL CU YD 900 16.00$ 14,400.00$ 0 -$ 0.00 -$ 0.0 -$ 18 SELECT GRANULAR BORROW MOD 5% TON 8280 19.00$ 157,320.00$ 7869 149,511.00$ 7,869.00 149,511.00$ 0.0 -$ 19 STABILIZING AGGREGATE, 3" MINUS TON 854 34.00$ 29,036.00$ 492 16,728.00$ 492.00 16,728.00$ 0.0 -$ 20 EXCAVATION - COMMON CU YD 7925 6.00$ 47,550.00$ 4755 28,530.00$ 4,755.00 28,530.00$ 0.0 -$ 21 COMMON EMBANKMENT CU YD 4265 4.70$ 20,045.50$ 3400 15,980.00$ 3,400.00 15,980.00$ 0.0 -$ 22 HAUL & DISPOSE OF EXCAVATED MATERIAL CU YD 3660 15.00$ 54,900.00$ 9,147.00 137,205.00$ 9,147.00 137,205.00$ 0.0 -$ 23 GEOTEXTILE FABRIC TYPE 5 SQ YD 18255 1.80$ 32,859.00$ 17899 32,218.20$ 17,899.00 32,218.20$ 0.0 -$ 24 SOIL STABILIZATION GEOGRID SQ YD 1050 3.50$ 3,675.00$ 1040 3,640.00$ 1,040.00 3,640.00$ 0.0 -$ 25 AGGREGATE SURFACING CLASS 2 TON 160 50.00$ 8,000.00$ 139 6,950.00$ 139.00 6,950.00$ 0.0 -$ 26 STREET SWEEPER (WITH PICKUP BROOM)HOUR 65 180.00$ 11,700.00$ 8.5 1,530.00$ 8.50 1,530.00$ 0.0 -$ 27 WATER MGAL 65 65.00$ 4,225.00$ 0 -$ 0.00 -$ 0.0 -$ 28 AGGREGATE BASE CLASS 5 TON 9320 25.00$ 233,000.00$ 14,170.50 354,262.50$ 14,170.50 354,262.50$ 0.0 -$ 29 BITUMINOUS MATERIAL FOR TACK COAT GAL 1760 4.00$ 7,040.00$ 1095 4,380.00$ 1,095.00 4,380.00$ 0.0 -$ 30 TYPE SP 12.5 NON WEARING COURSE MIXTURE (3,C)TON 3625 97.70$ 354,162.50$ 3191 311,760.70$ 3,191.00 311,760.70$ 0.0 -$ 31 TYPE SP 12.5 WEARING COURSE MIXTURE (3,C)TON 1055 101.00$ 106,555.00$ 903 91,203.00$ 903.00 91,203.00$ 0.0 -$ 32 TYPE SP 9.5 WEARING COURSE MIXTURE (3,C)TON 1045 106.00$ 110,770.00$ 0 -$ 0.00 -$ 0.0 -$ 33 24" RC FLARED END SECTION W/ TRASH GUARD EACH 2 3,000.00$ 6,000.00$ 2 6,000.00$ 2.00 6,000.00$ 0.0 -$ 34 30" RC FLARED END SECTION EACH 1 2,000.00$ 2,000.00$ 1 2,000.00$ 1.00 2,000.00$ 0.0 -$ 35 42" RC FLARED END SECTION EACH 1 3,300.00$ 3,300.00$ 1 3,300.00$ 1.00 3,300.00$ 0.0 -$ 36 SUBGRADE EXCAVATION CU YD 427 10.00$ 4,270.00$ 310 3,100.00$ 310.00 3,100.00$ 0.0 -$ 37 18" RC FLARED END SECTION W/TRASH GUARD EACH 1 2,300.00$ 2,300.00$ 1 2,300.00$ 1.00 2,300.00$ 0.0 -$ 38 4" PVC DRAINTILE CLEANOUT EACH 14 230.00$ 3,220.00$ 10 2,300.00$ 10.00 2,300.00$ 0.0 -$ 39 6" PVC DRAINTILE CLEANOUT EACH 4 450.00$ 1,800.00$ 4 1,800.00$ 4.00 1,800.00$ 0.0 -$ 40 8" PVC PIPE DRAIN CLEANOUT EACH 1 1,300.00$ 1,300.00$ 1 1,300.00$ 1.00 1,300.00$ 0.0 -$ 41 4" PVC DRAINTILE PIPE SCH 40 LIN FT 5016 11.00$ 55,176.00$ 5016 55,176.00$ 5,016.00 55,176.00$ 0.0 -$ 42 6" PVC DRAINTILE PIPE SCH 40 LIN FT 322 16.00$ 5,152.00$ 322 5,152.00$ 322.00 5,152.00$ 0.0 -$ 43 12" PVC SANITARY SEWER PIPE SDR 35 LIN FT 438 72.00$ 31,536.00$ 445 32,040.00$ 445.00 32,040.00$ 0.0 -$ 44 12" PVC SANITARY SEWER PIPE SDR 26 LIN FT 625 80.00$ 50,000.00$ 620 49,600.00$ 620.00 49,600.00$ 0.0 -$ 45 12" PVC SANITARY SEWER PIPE C-900 DR 18 LIN FT 606 220.00$ 133,320.00$ 606 133,320.00$ 606.00 133,320.00$ 0.0 -$ 46 16" PVC SANITARY SEWER PIPE C-900 DR 18 LIN FT 279 230.00$ 64,170.00$ 279 64,170.00$ 279.00 64,170.00$ 0.0 -$ 47 15" PVC SANITARY SEWER PIPE SDR 26 LIN FT 279 237.00$ 66,123.00$ 288 68,256.00$ 288.00 68,256.00$ 0.0 -$ 48 8" PVC SANITARY SEWER PIPE SDR 26 LIN FT 251 63.00$ 15,813.00$ 251 15,813.00$ 251.00 15,813.00$ 0.0 -$ 49 10" PVC SANITARY SEWER PIPE SDR 26 LIN FT 43 71.00$ 3,053.00$ 43 3,053.00$ 43.00 3,053.00$ 0.0 -$ 50 12" RC PIPE SEWER LIN FT 144 55.00$ 7,920.00$ 144 7,920.00$ 144.00 7,920.00$ 0.0 -$ 51 15" RC PIPE SEWER LIN FT 638 60.00$ 38,280.00$ 632 37,920.00$ 632.00 37,920.00$ 0.0 -$ 52 18" RC PIPE SEWER LIN FT 254 69.00$ 17,526.00$ 242 16,698.00$ 242.00 16,698.00$ 0.0 -$ 53 24" RC PIPE SEWER LIN FT 219 98.00$ 21,462.00$ 205 20,090.00$ 205.00 20,090.00$ 0.0 -$ 54 27" RC PIPE SEWER LIN FT 272 111.00$ 30,192.00$ 272 30,192.00$ 272.00 30,192.00$ 0.0 -$ 55 30" RC PIPE SEWER LIN FT 1025 157.50$ 161,437.50$ 1025 161,437.50$ 1,025.00 161,437.50$ 0.0 -$ 56 42" RC PIPE SEWER LIN FT 88 245.00$ 21,560.00$ 87 21,315.00$ 87.00 21,315.00$ 0.0 -$ 57 12" PIPE PLUG EACH 1 1,185.00$ 1,185.00$ 1 1,185.00$ 1.00 1,185.00$ 0.0 -$ 58 10" PIPE PLUG EACH 1 900.00$ 900.00$ 1 900.00$ 1.00 900.00$ 0.0 -$ 59 15" HDPE FLARED END SECTION W/ TRASH GUARD EACH 1 950.00$ 950.00$ 0 -$ 0.00 -$ 0.0 -$ 60 CONNECT TO EXISTING STORM SEWER EACH 2 2,300.00$ 4,600.00$ 2 4,600.00$ 2.00 4,600.00$ 0.0 -$ BASE BID: COMPLETED TO DATE PAY REQUEST #5 AUGUST 2024 Pay Request #5 Street and Utility Construction for City Center Drive and 79th Place Project Number: 227705033 7/31/2024 City of Corcoran Less Previous Payments 0.25 61 CONNECT TO EXISTING SANITARY SEWER SERVICE EACH 1 538.00$ 538.00$ 1 538.00$ 1.00 538.00$ 0.0 -$ 62 CONNECT TO EXISTING SANITARY SEWER EACH 1 16,200.00$ 16,200.00$ 1 16,200.00$ 1.00 16,200.00$ 0.0 -$ 63 4' DIAMETER SANITARY SEWER MANHOLE EACH 11 8,900.00$ 97,900.00$ 11 97,900.00$ 11.00 97,900.00$ 0.0 -$ 64 15" HDPE PIPE SEWER LIN FT 62 48.00$ 2,976.00$ 19 912.00$ 19.00 912.00$ 0.0 -$ 65 30" STEEL CASING PIPE (JACKED)LIN FT 100 1,614.00$ 161,400.00$ 100 161,400.00$ 100.00 161,400.00$ 0.0 -$ 66 IRRIGATION SYSTEM LUMP SUM 1 209,000.00$ 209,000.00$ 0 -$ 0.00 -$ 0.0 -$ 67 16" BUTTERFLY VALVE AND BOX EACH 2 6,300.00$ 12,600.00$ 2 12,600.00$ 2.00 12,600.00$ 0.0 -$ 68 12" BUTTERFLY VALVE AND BOX EACH 2 4,300.00$ 8,600.00$ 2 8,600.00$ 2.00 8,600.00$ 0.0 -$ 69 6" GATE VALVE AND BOX EACH 5 2,700.00$ 13,500.00$ 6 16,200.00$ 6.00 16,200.00$ 0.0 -$ 70 8" GATE VALVE AND BOX EACH 3 3,400.00$ 10,200.00$ 3 10,200.00$ 3.00 10,200.00$ 0.0 -$ 71 CONNECT TO EXISTING WATERMAIN EACH 2 6,500.00$ 13,000.00$ 2 13,000.00$ 2.00 13,000.00$ 0.0 -$ 72 HYDRANT EACH 5 6,940.00$ 34,700.00$ 7 48,580.00$ 7.00 48,580.00$ 0.0 -$ 73 WATERMAIN OFFSET EACH 1 4,430.00$ 4,430.00$ 0 -$ 0.00 -$ 0.0 -$ 74 2" SADDLE EACH 1 770.00$ 770.00$ 1 770.00$ 1.00 770.00$ 0.0 -$ 75 2" CURB STOP AND BOX EACH 1 1,100.00$ 1,100.00$ 1 1,100.00$ 1.00 1,100.00$ 0.0 -$ 76 2" CORPORATION STOP EACH 1 665.00$ 665.00$ 1 665.00$ 1.00 665.00$ 0.0 -$ 77 2" TYPE K COPPER PIPE LIN FT 63 42.00$ 2,646.00$ 67 2,814.00$ 67.00 2,814.00$ 0.0 -$ 78 12" PVC C-900 DR-18 WATERMAIN OPEN CUT LIN FT 804 73.00$ 58,692.00$ 746 54,458.00$ 746.00 54,458.00$ 0.0 -$ 79 16" PVC C-900 DR-18 WATERMAIN OPEN CUT LIN FT 2071 103.00$ 213,313.00$ 2185 225,055.00$ 2,185.00 225,055.00$ 0.0 -$ 80 16" PVC C-900 DR-18 WATERMAIN TRENCHLESS INSTALLATION LIN FT 565 205.00$ 115,825.00$ 565 115,825.00$ 565.00 115,825.00$ 0.0 -$ 81 6" DIP CL 52 WATERMAIN LIN FT 114 51.00$ 5,814.00$ 85 4,335.00$ 85.00 4,335.00$ 0.0 -$ 82 8" PVC C-900 DR-18 WATERMAIN OPEN CUT LIN FT 1575 47.00$ 74,025.00$ 1504 70,688.00$ 1,504.00 70,688.00$ 0.0 -$ 83 8" PVC C-900 DR-18 WATERMAIN TRENCHLESS INSTALLATION LIN FT 100 140.00$ 14,000.00$ 100 14,000.00$ 100.00 14,000.00$ 0.0 -$ 84 HYDRANT RISER LIN FT 10 1,200.00$ 12,000.00$ 1 1,200.00$ 0.00 -$ 1.0 1,200.00$ 85 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 27"EACH 1 2,325.00$ 2,325.00$ 1 2,325.00$ 1.00 2,325.00$ 0.0 -$ 86 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 48"EACH 14 4,050.00$ 56,700.00$ 14 56,700.00$ 14.00 56,700.00$ 0.0 -$ 87 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 60"EACH 5 9,600.00$ 48,000.00$ 5 48,000.00$ 5.00 48,000.00$ 0.0 -$ 88 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 72"EACH 3 14,100.00$ 42,300.00$ 3 42,300.00$ 3.00 42,300.00$ 0.0 -$ 89 DUCTILE IRON FITTINGS POUND 4078 13.00$ 53,014.00$ 5147 66,911.00$ 5,147.00 66,911.00$ 0.0 -$ 90 RANDOM RIP RAP CLASS III (GRANITE)CU YD 61 125.00$ 7,625.00$ 82 10,250.00$ 82.00 10,250.00$ 0.0 -$ 91 BOULDER WALL LIN FT 290 132.00$ 38,280.00$ 287 37,884.00$ 287.00 37,884.00$ 0.0 -$ 92 4" CONCRETE WALK SQ FT 2659 10.80$ 28,717.20$ 2624 28,339.20$ 2,624.00 28,339.20$ 0.0 -$ 93 6" CONCRETE WALK SQ FT 26382 6.60$ 174,121.20$ 396 2,613.60$ 396.00 2,613.60$ 0.0 -$ 94 CONCRETE CURB & GUTTER DESIGN B418 LIN FT 368 19.80$ 7,286.40$ 415 8,217.00$ 415.00 8,217.00$ 0.0 -$ 95 CONCRETE CURB & GUTTER DESIGN B612 LIN FT 2459 17.60$ 43,278.40$ 2370 41,712.00$ 2,370.00 41,712.00$ 0.0 -$ 96 CONCRETE CURB & GUTTER DESIGN B618 LIN FT 4762 23.20$ 110,478.40$ 4929.5 114,364.40$ 4,929.50 114,364.40$ 0.0 -$ 97 CONCRETE CURB DESIGN SPECIAL LIN FT 746 102.00$ 76,092.00$ 219.25 22,363.50$ 219.25 22,363.50$ 0.00 -$ 98 8" CONCRETE DRIVEWAY PAVEMENT SQ YD 225 121.00$ 27,225.00$ 181 21,901.00$ 181.00 21,901.00$ 0.0 -$ 99 TRUNCATED DOMES SQ FT 194 67.00$ 12,998.00$ 168 11,256.00$ 168.00 11,256.00$ 0.0 -$ 100 BENCH EACH 17 1,565.00$ 26,605.00$ 4 6,260.00$ 4.00 6,260.00$ 0.0 -$ 101 BICYCLE RACK EACH 13 1,260.00$ 16,380.00$ 3 3,780.00$ 3.00 3,780.00$ 0.0 -$ 102 WASTE RECEPTACLE EACH 13 245.00$ 3,185.00$ 3 735.00$ 3.00 735.00$ 0.0 -$ 103 LANDSCAPE EDGER LIN FT 144 20.00$ 2,880.00$ 0 -$ 0.00 -$ 0.0 -$ 104 LIGHTING UNIT TYPE SPECIAL EACH 54 8,068.00$ 435,672.00$ 54 435,672.00$ 54.00 435,672.00$ 0.0 -$ 105 ELECTRIC SERVICE LUMP SUM 1 113,111.00$ 113,111.00$ 1 113,111.00$ 0.00 -$ 1.0 113,111.00$ 106 TYPE III BARRICADES EACH 1 612.00$ 612.00$ 0 -$ 0.00 -$ 0.0 -$ 107 SIGN PANELS TYPE SPECIAL EACH 6 107.00$ 642.00$ 0 -$ 0.00 -$ 0.0 -$ 108 TRAFFIC CONTROL LUMP SUM 1 9,700.00$ 9,700.00$ 0.75 7,275.00$ 0.75 7,275.00$ 0.0 -$ 109 SIGN PANELS TYPE C SQ FT 59 65.00$ 3,851.25$ 18 1,170.00$ 0.00 -$ 18.0 1,170.00$ 110 INSTALL SIGN EACH 4 255.00$ 1,020.00$ 2 510.00$ 0.00 -$ 2.0 510.00$ 111 DELINEATOR/MARKER EACH 16 255.00$ 4,080.00$ 0 -$ 0.00 -$ 0.0 -$ 112 DECIDUOUS SHRUB NO 5 CONT EACH 254 65.30$ 16,586.20$ 0 -$ 0.00 -$ 0.0 -$ 113 DECIDUOUS TREE 2.5" CAL B&B EACH 94 505.00$ 47,470.00$ 0 -$ 0.00 -$ 0.0 -$ 114 PERENNIAL NO 1 CONT EACH 1974 24.50$ 48,363.00$ 0 -$ 0.00 -$ 0.0 -$ 115 FLARED END PROTECTION EACH 4 156.00$ 624.00$ 0 -$ 0.00 -$ 0.0 -$ 116 STABILIZED CONSTRUCTION EXIT EACH 2 1,560.00$ 3,120.00$ 0 -$ 0.00 -$ 0.0 -$ 117 SEDIMENT CONTROL LOG TYPE STRAW LIN FT 951 2.50$ 2,377.50$ 1003 2,507.50$ 1,003.00 2,507.50$ 0.0 -$ 118 SILT FENCE, TYPE MS LIN FT 6245 2.30$ 14,363.50$ 1181 2,716.30$ 1,181.00 2,716.30$ 0.0 -$ 119 STORM DRAIN INLET PROTECTION EACH 21 185.00$ 3,885.00$ 0 -$ 0.00 -$ 0.0 -$ 120 COMMON TOPSOIL BORROW CU YD 2803 35.40$ 99,226.20$ 400 14,160.00$ 400.00 14,160.00$ 0.0 -$ 121 LOAM TOPSOIL BORROW CU YD 698 40.60$ 28,338.80$ 0 -$ 0.00 -$ 0.0 -$ 122 ROLLED EROSION PREVENTION CATEGORY 20 SQ YD 7143 1.60$ 11,428.80$ 1458 2,332.80$ 1,458.00 2,332.80$ 0.0 -$ 123 SODDING TYPE SALT TOLERANT SQ YD 3320 15.00$ 49,800.00$ 0 -$ 0.00 -$ 0.0 -$ 124 SEEDING ACRE 5.0 1,250.00$ 6,250.00$ 1 1,250.00$ 1.00 1,250.00$ 0.0 -$ 125 HYDRAULIC STABILIZED FIBER MATRIX POUND 17061 1.40$ 23,885.40$ 10240 14,336.00$ 10,240.00 14,336.00$ 0.0 -$ 126 SEED MIXTURE 25-131 POUND 55 6.30$ 346.50$ 140 882.00$ 140.00 882.00$ 0.0 -$ 127 SEED MIXTURE 25-151 POUND 1010 7.30$ 7,373.00$ 90 657.00$ 90.00 657.00$ 0.0 -$ 128 SEED MIXTURE 34-171 POUND 10 29.20$ 292.00$ 2.7 78.84$ 2.70 78.84$ 0.0 -$ 129 24" SOLID LINE MULTI-COMPONENT GROUND IN LIN FT 322 16.50$ 5,313.00$ 140.5 2,318.25$ 140.50 2,318.25$ 0.0 -$ 130 24" SOLID LINE MULTI-COMPONENT GROUND IN LIN FT 378 16.50$ 6,237.00$ 221.5 3,654.75$ 221.50 3,654.75$ 0.0 -$ 131 4" DOTTED LINE MULTI-COMPONENT GROUND IN LIN FT 935 0.70$ 654.50$ 98 68.60$ 98.00 68.60$ 0.0 -$ 132 4" DOUBLE SOLID LINE MULTI-COMPONENT GROUND IN LIN FT 5662 1.40$ 7,926.80$ 4337.5 6,072.50$ 4,337.50 6,072.50$ 0.0 -$ 133 4" SOLID LINE MULTI-COMPONENT GROUND IN LIN FT 2723 0.70$ 1,906.10$ 0 -$ 0.00 -$ 0.0 -$ 134 4" SOLID LINE MULTI-COMPONENT GROUND IN LIN FT 1359 0.70$ 951.30$ 0 -$ 0.00 -$ 0.0 -$ 135 6" SOLID LINE MULTI-COMPONENT GROUND IN LIN FT 3960 1.00$ 3,960.00$ 4148 4,148.00$ 4,148.00 4,148.00$ 0.0 -$ 136 CROSSWALK PREFORM THERMOPLASTIC GROUND IN SQ FT 325 14.70$ 4,777.50$ 0 -$ 0.00 -$ 0.0 -$ 137 PAVEMENT MESSAGE PREFORM THERMOPLASTIC GROUND IN SQ FT 78 30.00$ 2,340.00$ 53.26 1,597.80$ 53.26 1,597.80$ 0.0 -$ 138 PAVEMENT MESSAGE PREFORM THERMOPLASTIC GROUND IN SQ FT 78 30.00$ 2,340.00$ 0 -$ 0.00 -$ 0.0 -$ TOTAL BASE BID:5,063,531.65$ 4,160,621.74$ 4,033,339.74$ 127,282.00$ QUANTITY COST QUANTITY COST QUANTITY COST 139 REMOVE TREE EACH 1 1,275.00$ 1,275.00$ 1 1,275.00$ 1.00 1,275.00$ 0.0 -$ 140 16" BUTTERFLY VALVE AND BOX EACH 1 6,300.00$ 6,300.00$ 1 6,300.00$ 1.00 6,300.00$ 0.0 -$ 141 6" GATE VALVE AND BOX EACH 1 2,635.00$ 2,635.00$ 2 5,270.00$ 2.00 5,270.00$ 0.0 -$ 142 2" SADDLE EACH 1 770.00$ 770.00$ 1 770.00$ 1.00 770.00$ 0.0 -$ 143 2" CURB STOP AND BOX EACH 1 1,100.00$ 1,100.00$ 1 1,100.00$ 1.00 1,100.00$ 0.0 -$ 144 2" CORPORATION STOP EACH 1 665.00$ 665.00$ 1 665.00$ 1.00 665.00$ 0.0 -$ 145 16" PVC C-900 DR-18 WATERMAIN OPEN CUT LIN FT 7 103.00$ 721.00$ 7 721.00$ 7.00 721.00$ 0.0 -$ 146 16" PVC C-900 DR-18 WATERMAIN TRENCHLESS INSTALLATION LIN FT 650 199.50$ 129,675.00$ 650 129,675.00$ 650.00 129,675.00$ 0.0 -$ 147 6" DIP CL 52 WATERMAIN LIN FT 10 68.00$ 680.00$ 21.5 1,462.00$ 21.50 1,462.00$ 0.0 -$ 148 2" TYPE PE PIPE LIN FT 280 11.00$ 3,080.00$ 210 2,310.00$ 210.00 2,310.00$ 0.0 -$ 149 DUCTILE IRON FITTINGS POUND 378 16.00$ 6,048.00$ 354 5,664.00$ 354.00 5,664.00$ 0.0 -$ 150 SEDIMENT CONTROL LOG TYPE STRAW LIN FT 97 2.60$ 252.20$ 0 -$ 0.00 -$ 0.0 -$ 151 SEEDING ACRE 0.10 9,371.00$ 937.10$ 0 -$ 0.00 -$ 0.0 -$ 152 HYDRAULIC STABILIZED FIBER MATRIX POUND 260 2.70$ 702.00$ 260 702.00$ 260.00 702.00$ 0.0 -$ 153 SEED MIXTURE 25-151 POUND 17 7.30$ 124.10$ 0 -$ 0.00 -$ 0.0 -$ TOTAL BASE BID:154,964.40$ 155,914.00$ 155,914.00$ -$ QUANTITY COST QUANTITY COST QUANTITY COST 154 4" CONCRETE WALK SQ FT 1130 51.59$ 58,296.70$ 1541 79,500.19$ 1,541.00 79,500.19$ 0.0 -$ 155 TREE GRATE AND FRAMES EACH 57 2,670.00$ 152,190.00$ 55 146,850.00$ 55.00 146,850.00$ 0.0 -$ 156 SODDING TYPE SALT TOLERANT SQ YD -232 15.00$ (3,480.00)$ 0 -$ 0.00 -$ 0.0 -$ TOTAL BASE BID:207,006.70$ 226,350.19$ 226,350.19$ -$ QUANTITY COST QUANTITY COST QUANTITY COST 157 DECIDUOUS TREE 2.5" CAL B&B EACH -94 505.00$ (47,470.00)$ 0 -$ 0.00 -$ 0.0 -$ 158 DECIDUOUS TREE 2.5" CAL B&B EACH 94 505.00$ 47,470.00$ 0 -$ 0.00 -$ 0.0 -$ ALTERNATE #1 ALTERNATE #2 ALTERNATE #3 TOTAL BASE BID:-$ -$ -$ -$ QUANTITY COST QUANTITY COST QUANTITY COST 159 IRRIGATION SYSTEM LS 1 3,570.00$ 3,570.00$ 0 -$ 0.00 -$ 0.0 -$ 160 LIGHTING UNIT TYPE SPECIAL EACH -54 8,070.00$ (435,780.00)$ -54 (435,780.00)$ -54.00 (435,780.00)$ 0.0 -$ 161 LIGHTING UNIT TYPE SPECIAL EACH 54 9,230.00$ 498,420.00$ 54 498,420.00$ 54.00 498,420.00$ 0.0 -$ TOTAL BASE BID:66,210.00$ 62,640.00$ 62,640.00$ -$ QUANTITY COST QUANTITY COST QUANTITY COST 162 SAWING BITUMINOUS PAVEMENT (FULL DEPTH)LIN FT 20 3.00$ 60.00$ 40 120.00$ 40.00 120.00$ 0.0 -$ 163 REMOVE BITUMINOUS PAVEMENT SQ YD 43 5.00$ 215.00$ 153 765.00$ 153.00 765.00$ 0.0 -$ 164 GEOTEXTILE FABRIC TYPE 5 SQ YD 650 2.00$ 1,300.00$ 578 1,156.00$ 578.00 1,156.00$ 0.0 -$ 165 AGGREGATE BASE CLASS 5 TON 423 28.00$ 11,844.00$ 623 17,444.00$ 623.00 17,444.00$ 0.0 -$ 166 BITUMINOUS MATERIAL FOR TACK COAT GAL 46 3.86$ 177.56$ 0 -$ 0.00 -$ 0.0 -$ 167 TYPE SP 12.5 NON WEARING COURSE MIXTURE (3,C)TON 78 108.00$ 8,424.00$ 100 10,800.00$ 100.00 10,800.00$ 0.0 -$ 168 TYPE SP 9.5 WEARING COURSE MIXTURE (3,C)TON 59 116.00$ 6,844.00$ 0 -$ 0.00 -$ 0.0 -$ 169 IRRIGATION SYSTEM LS 1 3,570.00$ 3,570.00$ 0 -$ 0.00 -$ 0.0 -$ 170 CONCRETE CURB & GUTTER DESIGN D418 LIN FT 225 32.50$ 7,312.50$ 209 6,792.50$ 209.00 6,792.50$ 0.0 -$ 171 LIGHTING UNIT TYPE SPECIAL 1 EACH 2 6,100.00$ 12,200.00$ 2 12,200.00$ 2.00 12,200.00$ 0.0 -$ 172 ELECTRICAL SYSTEM MODIFICATIONS LS 1 9,250.00$ 9,250.00$ 1 9,250.00$ 0.00 -$ 1.0 9,250.00$ 173 CONIFEROUS TREE 6' HT B&B EACH 3 459.00$ 1,377.00$ 0 -$ 0.00 -$ 0.0 -$ 174 4" SOLID LINE PAINT LIN FT 180 5.50$ 990.00$ 0 -$ 0.00 -$ 0.0 -$ TOTAL BASE BID:63,564.06$ 58,527.50$ 49,277.50$ 9,250.00$ TOTAL ORIGINAL CONTRACT:5,555,276.81$ 4,664,053.43$ 4,527,521.43$ 136,532.00$ QUANTITY COST QUANTITY COST QUANTITY COST CO1.1 REMOVE HOLDING TANK EACH 1 8,500.00$ 8,500.00$ 1 8,500.00$ 1.00 8,500.00$ 0.0 -$ CO1.2 SAWING BITUMINOUS PAVEMENT (FULL DEPTH)LIN FT 20 3.00$ 60.00$ 0 -$ 0.00 -$ 0.0 -$ CO1.3 REMOVE BITUMINOUS PAVEMENT SQ YD 1412 4.00$ 5,648.00$ 0 -$ 0.00 -$ 0.0 -$ CO1.4 EXCAVATION - COMMON CU YD 19 6.00$ 114.00$ -$ 0.00 -$ 0.0 -$ CO1.5 COMMON EMBANKMENT CU YD 36 4.70$ 169.20$ -$ 0.00 -$ 0.0 -$ CO1.6 GEOTEXTILE FABRIC TYPE 5 SQ YD 157 1.80$ 282.60$ -$ 0.00 -$ 0.0 -$ CO1.7 AGGREGATE BASE CLASS 5 TON 49 25.00$ 1,225.00$ -$ 0.00 -$ 0.0 -$ CO1.8 BITUMINOUS MATERIAL FOR TACK COAT GAL 11 4.00$ 44.00$ 0 -$ 0.00 -$ 0.0 -$ CO1.9 TYPE SP 12.5 NON WEARING COURSE MIXTURE (3,C)TON 19 108.00$ 2,052.00$ 0 -$ 0.00 -$ 0.0 -$ CO1.10 TYPE SP 9.5 WEARING COURSE MIXTURE (3,C)TON 14 116.00$ 1,624.00$ 0 -$ 0.00 -$ 0.0 -$ CO1.11 6" PVC DRAINTILE PIPE SCH 40 LIN FT 200 16.00$ 3,200.00$ 200 3,200.00$ 200.00 3,200.00$ 0.0 -$ CO1.12 NYOPLAST YARD DRAIN INLET EACH 3 2,000.00$ 6,000.00$ 3 6,000.00$ 3.00 6,000.00$ 0.0 -$ CO1.13 CONNECT TO EXISTING SANITARY SEWER SERVICE EACH 1 538.00$ 538.00$ 0 -$ 0.00 -$ 0.0 -$ CO1.14 WATERMAIN OFFSET EACH -1 4,430.00$ (4,430.00)$ 0 -$ 0.00 -$ 0.0 -$ CO1.15 4" GATE VALVE AND BOX EACH 1 2,800.00$ 2,800.00$ 1 2,800.00$ 1.00 2,800.00$ 0.0 -$ CO1.16 6" GATE VALVE AND BOX EACH 2 2,700.00$ 5,400.00$ 1 2,700.00$ 1.00 2,700.00$ 0.0 -$ CO1.17 12" BUTTERFLY VALVE AND BOX EACH 1 4,300.00$ 4,300.00$ 0 -$ 0.00 -$ 0.0 -$ CO1.18 CONNECT TO EXISTING WATER SERVICE EACH 7 5,000.00$ 35,000.00$ 3 15,000.00$ 3.00 15,000.00$ 0.0 -$ CO1.19 4" PVC C-900 DR-18 WATERMAIN OPEN CUT LIN FT 24 43.00$ 1,032.00$ 24 1,032.00$ 24.00 1,032.00$ 0.0 -$ CO1.20 6" PVC C-900 DR-18 WATERMAIN OPEN CUT LIN FT 91 45.00$ 4,095.00$ 56 2,520.00$ 56.00 2,520.00$ 0.0 -$ CO1.21 8" PVC C-900 DR-18 WATERMAIN OPEN CUT LIN FT -105 47.00$ (4,935.00)$ 0 -$ 0.00 -$ 0.0 -$ CO1.22 16" PVC C-900 DR-18 WATERMAIN OPEN CUT LIN FT 65 103.00$ 6,695.00$ 0 -$ 0.00 -$ 0.0 -$ CO1.23 16" PVC C-900 DR-18 WATERMAIN TRENCHLESS INSTALLATION LIN FT -30 205.00$ (6,150.00)$ 0 -$ 0.00 -$ 0.0 -$ CO1.24 2" TYPE PE PIPE LIN FT -93 11.00$ (1,023.00)$ 0 -$ 0.00 -$ 0.0 -$ CO1.25 DUCTILE IRON FITTINGS POUND 1553 13.00$ 20,189.00$ 0 -$ 0.00 -$ 0.0 -$ CO1.26 WATERMAIN ALIGNMENT ADJUSTMENT LUMP SUM 1 23,700.00$ 23,700.00$ 1 23,700.00$ 1.00 23,700.00$ 0.0 -$ CO1.27 CONIFEROUS TREE 6' HT B&B EACH 22 459.00$ 10,098.00$ 0 -$ 0.00 -$ 0.0 -$ CO1.28 DECIDUOUS SHRUB NO 5 CONT EACH 52 65.30$ 3,395.60$ 0 -$ 0.00 -$ 0.0 -$ CO1.29 SILT FENCE, TYPE MS LIN FT 233 2.30$ 535.90$ 0 -$ 0.00 -$ 0.0 -$ CO1.30 SEEDING ACRE 0.2 1,250.00$ 250.00$ 0 -$ 0.00 -$ 0.0 -$ CO1.31 HYDRAULIC STABILIZED FIBER MATRIX POUND 700 1.40$ 980.00$ 0 -$ 0.00 -$ 0.0 -$ CO1.32 SEED MIXTURE 25-151 POUND 44 7.30$ 321.20$ 0 -$ 0.00 -$ 0.0 -$ CO1.33 4" SOLID LINE PAINT LIN FT 55 5.50$ 302.50$ 0 -$ 0.00 -$ 0.0 -$ ALTERNATE #4 ALTERNATE #5 CHANGE ORDER #1 TOTAL CHANGE ORDER #1:132,013.00$ 65,452.00$ 65,452.00$ -$ QUANTITY COST QUANTITY COST QUANTITY COST CO2.1 SMALL UTILITY CONDUITS LUMP SUM 1 10,357.39$ 10,357.39$ 1 10,357.39$ 0.00 -$ 1.0 10,357.39$ CO2.2 TEMPORARY ACCESS ROAD LUMP SUM 1 9,324.15$ 9,324.15$ 1 9,324.15$ 0.00 -$ 1.0 9,324.15$ CO2.3 15" RC FLARED END SECTION W/ TRASH GUARD LUMP SUM 1 2,200.00$ 2,200.00$ 1 2,200.00$ 0.00 -$ 1.0 2,200.00$ CO2.4 DRAINTILE MODIFICATIONS LUMP SUM 1 9,342.56$ 9,342.56$ 1 9,342.56$ 0.00 -$ 1.0 9,342.56$ CO2.5 OUTLET FIXTURE UPGRADES LUMP SUM 1 2,695.00$ 2,695.00$ -$ 0.00 -$ 0.0 -$ CO2.6 ELECTRICAL SYSTEM MODIFICATIONS LUMP SUM 1 10,835.00$ 10,835.00$ -$ 0.00 -$ 0.0 -$ CO2.7 ADJUST HENNEPIN CO. FIBER OPTIC HAND HOLE LUMP SUM 1 2,585.00$ 2,585.00$ 1 2,585.00$ 0.00 -$ 1.0 2,585.00$ CO2.8 GATE ELECTRICAL MODIFICATIONS LUMP SUM 1 8,352.30$ 8,352.30$ -$ 0.00 -$ 0.0 -$ CO2.9 MOBILIZATION LUMP SUM 1 1,500.00$ 1,500.00$ -$ 0.00 -$ 0.0 -$ CO2.10 REMOVE CURB AND GUTTER LIN FT 22 12.90$ 283.80$ -$ 0.00 -$ 0.0 -$ CO2.11 REMOVE CONCRETE PAVEMENT SQ FT 121 5.00$ 605.00$ -$ 0.00 -$ 0.0 -$ CO2.12 SAWCUT BITUMINOUS PAVEMENT (FULL DEPTH)LIN FT 28 3.00$ 84.00$ -$ 0.00 -$ 0.0 -$ CO2.13 REMOVE BITUMINOUS PAVMENT SQ YD 5 4.00$ 21.33$ -$ 0.00 -$ 0.0 -$ CO2.14 CONCRETE CURB AND GUTTER DESIGN B612 LIN FT 22 35.00$ 770.00$ -$ 0.00 -$ 0.0 -$ CO2.15 6" CONCRETE WALK SQ FT 121 10.00$ 1,210.00$ -$ 0.00 -$ 0.0 -$ CO2.16 TRUNCATED DOMES SQ FT 11 67.00$ 737.00$ -$ 0.00 -$ 0.0 -$ CO2.17 TYPE 12.5 WEARING COURSE MIXTURE (3,C)TON 1 415.00$ 466.64$ -$ 0.00 -$ 0.0 -$ CO2.18 SODDING TYPE SALT TOLERANT SQ YD 10 12.00$ 120.00$ -$ 0.00 -$ 0.0 -$ TOTAL CHANGE ORDER #2:61,489.18$ 33,809.10$ -$ 33,809.10$ TOTAL REVISED CONTRACT:5,748,778.99$ 4,763,314.53$ 4,592,973.43$ 170,341.10$ ORIGINAL CONTRACT AWARD AMOUNT 5,555,276.81$ 4,763,314.53$ 4,592,973.43$ 170,341.10$ TOTAL CHANGE ORDER:193,502.18$ 238,165.73$ 229,648.67$ 8,517.06$ TOTAL REVISED CONTRACT:5,748,778.99$ 4,525,148.80$ 4,363,324.76$ 161,824.04$ CURRENT RETAINAGE (5%) TOTAL CURRENT PAY REQUEST CHANGE ORDER #2 CONTRACT SUMMARY LESS PREVIOUS COMPLETE TO DATE PAY REQUEST #5 SUBTOTAL Page 1 of 2 STAFF REPORT Agenda Item 5h. City Council Meeting: August 8, 2024 Prepared By: Kendra Lindahl, AICP Topic: Bellwether Boardwalk Update (City File No. 18-027) Action Required: Information Only 1.Summary In 2018, as part of the master plan approvals for Bellwether, the City required the following to satisfy the park dedication requirements in Section 955.020 of the Subdivision Ordinance: Dedication of a 9+/- acre public open space park in the center of the site, Dedication of 4+/- acres of land for the public neighborhood/community park on the northern portion of the site (which was later expanded when the Van Blaricom property developed), 4.4 acres of land for the private amenity center, Off-road trails in a 20-foot wide easement and Cost of constructing the boardwalk across Wetland 7 The park land has been dedicated to the City, the private amenity center built and numerous trail segments. However, there are some trail segments that have not been constructed and the boardwalk has not yet been constructed. Pulte and City staff have been working to finalize the boardwalk design. The public works director provided the following minimum standards for the boardwalk design: The boardwalk should have an 8’ wide clear width throughout the entire design, The base design should have a toe kick or siderail depending on the fall height at the specific locations, Areas over 30” in height should have a railing (subject to input from Building Official), Boardwalk should be designed to a design loading capacity of 60psf live loading, o This should be incorporated into both the member design and footing design Boardwalk should be 1’ above HWL (934.4) measured to the top of decking, Primary components of boardwalk should be wood, Railing protection should be wood or alternate approved material by City and Footings or any structural posts should be treated lumber or other water resistant materials. Pulte has provided some preliminary designs based on these standards. Pulte requested bids from five firms for the base design and two alternatives: 1.Alternative 1 – boardwalk designed for 100 psf (vs. 60 psf in the base) and 2.Alternative 2 – add a lookout pier at water crossing and 8’ x 14’ on each side of boardwalk. Representative concepts and designs are attached as an example, but the vendor and design are not final. City staff is reviewing the materials and plans to bring the base design to the Parks Page 2 of 2 and Trails Commission for review. Any changes beyond the agreed upon base design as outlined above could be at the City’s cost. The recommendations from the Parks and Trails Commission will be presented to the City Council for consideration and action in September/October. 2. Action Information only. No action needed. Attachments 1. Plan details for 60 psf boardwalk 2. Plan details for 100 psf boardwalk 3. Concept images NOTES DESIGN CRITERIA 1.THE PEDESTRIAN BOARDWALK IS DESIGNED IN ACCORDANCE WITH THE 2015 iNTERNATIONAL BUILDING CODE & ASCE 7-10 AND THE LOAD COMBINATIONS PRESCRIBED WITHIN FOR ALLOWABLE STRESS DESIGN, WITH THE FOLLOWING: DESIGN LOADS: DEAD LOAD = 12 PSF PEDESTRIAN LOAD = 60 PSF GROUND SNOW LOAD = 30 PSF WIND LOAD = 107 MPH VEHICLE LOAD = N/A MATERIAL STRESSES: WOOD DECKING: =SYP #1 WOOD JOISTS =SYP#1 WOOD CURB RAILS = SYP #1 END BEAMS:= SYP SELECT STRUCTURAL GENERAL CONSTRUCTION 1.THE ENGINEER IS NOT RESPONSIBLE FOR THE CONSTRUCTION MEANS AND METHODS OR FOR SUPERVISION OF CONSTRUCTION. 2.ALL DIMENSIONS ARE TO BE CROSS-CHECKED WITH EXISTING FIELD DIMENSIONS AND APPROVED FABRICATION DRAWINGS FOR THE VARIOUS MATERIALS AND BUILDING COMPONENTS. ALL DISCREPANCIES ARE TO BE BROUGHT TO THE ATTANTION OF THE ENGINEER. SITEWORK 1.THE GENERAL CONTRACTOR IS TO VERIFY ALL CONDITIONS AT THE PROJECT SITE, INCLUDING UNDERGOUND UTILITY LOCATIONS PRIOR TO COMMENCING ANY EXCAVATION ACTIVITIES. FASTENERS: 1.FASTENERS AND CONNECTORS IN CONTACT WITH TREATED LUMBER SHALL BE HOT-DIP GALVANIZED. 2.DECK SCREWS SHALL BE EVERCOTE #8 x 3" DECK MATE SQUARE DRIVE BY PHILLIPS FASTENER PRODUCTS CO. 3.ALL STEEL CONNECTORS SHALL BE HOT-DIP GALVANIZED. WOOD 1.ALL STRUCTURAL DIMENSIONAL LUMBER SHALL COMPLY WITH THE AMERICAN WOOD COUNCIL'S 2015 NATIONAL DESIGN SPECIFICATION FOR WOOD CONSTRUCTION (2015 NDS). 2.ALL WOOD MEMBERS SHALL BE PRESERVATIVE TREATED IN ACCORDANCE WITH THE AMERICAN WOOD COUNCIL REQUIRMENTS FOR PRESERVATIVE TREATED LUMBER. 3.ALL WOOD MEMBERS SHALL HAVE A MAXIMUM MOISTURE CONTENT OF 19% AT THE THE TIME OF CONSTRUCTION. 4.THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL TEMPORARY BRACING DURING HANDLING AND ERECTION. 5.THE CONTRACTOR IS RESPONSIBLE FOR THE INSTALLATION OF ALL FINAL BRACING, AS SHOWN ON DRAWINGS. 1 3 / 4 " 8' - 0 " 1 3 / 4 " (7'-7" @ CURVED PANEL SECTIONS) 7' - 10" 2x8 2x6 2x6 2x6 2x6 2x8 5/4x6 DECKING (TREATED) CL (3 ) 2 x 8 CL 1' - 4 " 1' - 4 " 1' - 4 " 1' - 4 " 1' - 4 " 1' - 4 " POST 2 S1 2x6 BLOCKING (TREATED) 3 S1 CL 4x4 POST (TREATED) CUSTOM GALV. BEARING PAN (SEE DETAILS 1/S2 & 2/S2) 8' - 3 1 / 2 " 2x4 RAISED CURB RAIL (TREATED) CL POST 2x6 (3 ) 2 x 8 (7'-7" @ CURVED PANEL SECTIONS) 7' - 10" CL CL CUSTOM GALV. PLATFORM BRACKET CUSTOM GALV. BEARING PAN (SEE DETAILS 1/S2 & 2/S2) 2x4 TREATED CURB RAIL 5 S1 2x4 TREATED BLOCKING 1' - 11 1/2"1' - 11 1/2"1' - 11 1/2"1' - 11 1/2" 3" CL CL 8' - 3 1/2" S1 5 1 3/4"1' - 4"1' - 4"1' - 4"1' - 4"1' - 4"1' - 4"1 3/4" SIMPSON LU26Z HANGER SIMPSON A35Z HANGER @ SIDE JOISTS 3/8" DIA GALV. HEX HEAD BOLT W/ NUT & WASHERS CUSTOM GALV. BEARING PAN (SEE DETAILS 1/S2 & 2/S2 ) 1 3/4"8' - 0"1 3/4" 3 1/2" CLEAR 7' - 5"3 1/2" POST CONNECTION BOARDWALK DECK CL TREATED 2x4 CONTINUOUS TOP RAIL TREATED 2x8 JOIST 1 3/4" 2x6 BLOCKING TREATED 2x4x 0'-3 1/2" RAIL BLOCKING @ 2'-0" OC POST 6" MAX U-TURN BRACKET TO MATCH ANGLE BOARDWALK PANEL BOARDWALK PANEL U-TURN BRACKET TO MATCH ANGLE 3/8" ALL THREAD - 12" LONG w/ NUTS & FLAT WASHERS BOTH SIDES - ONE PER JOIST SPACE DECK BOARDS - RIP BOARDS @ TURN BOARDWALK DECK CL GALV. PLATFORM BRACKET W/ (2) 1/2" DIA THRU-BOLT TREATED 4x4 BOARDWALK POST TREATED 5/4 x 6 DECK BOARDS W/ (2) #12 DECK SCREWS PER BOARD TREATED 2x4 TOP RAIL 1 3/4" S1 6 CURB RAIL 4" Sheet Number Project #: 872 Date: 2/8/2023 Issued for: REFERENCE Sh e e t T i t l e Pr o j e c t N a m e : 8 F T B O A R D W A L K S1 BO A R D W A L K P L A N & D E T A I L S 1/2" = 1'-0"S1 1 BOARDWALK PLAN - TYPICAL PANEL 1/2" = 1'-0"S1 2 BOARDWALK SIDE ELEVATION 1/2" = 1'-0"S1 3 BOARDWALK CROSS-SECTION 1 1/2" = 1'-0"S1 6 CURBRAIL DETAIL 1/2" = 1'-0"S1 4 BOARDWALK PLAN - GRADUAL CURVE Revisions: 1 1/2" = 1'-0"S1 5 BOARDWALK POST CONNECTION DETAIL CL 4" 1 1/2"3 3/4" 1 1 / 4 " 5 1/4" 4" 3/ 4 " 1 3 / 4 " 3/4"9 1/2"3/4" 11" 2" 4" 11 GA. GALV STEEL PLATE 9/16" DIA HOLE 3 1/2"4"3 1/2" 2" 2" 1/4 7/16" DIA HOLE 7/16" DIA HOLE, TYP 11 GA. GALV STEEL PLATE 11 GA. GALV STEEL PLATE 7/16" DIA HOLE, TYP 9/16" DIA HOLE CL 4" 1 1/2"3 3/4" 1 1 / 4 " 5 1/4" 4" 3/ 4 " 1 3 / 4 " 1' - 3" 2" 4" 45.00° 4 3/4"5 1/2"4 3/4" 3/4"1"1"3/4" 2" 11 GA. GALV STEEL PLATE 9/16" DIA HOLE 1/4 7/16" DIA HOLE 7/16" DIA HOLE, TYP 11 GA. GALV STEEL PLATE 11 GA. GALV STEEL PLATE 7/16" DIA HOLE, TYP 9/16" DIA HOLE 5" 2"3 3/4" 1 1 / 4 " 9 1/4" 5" 3/ 4 " 1 3 / 4 " 3/4"1" 9 1/4" 2" 3 3 / 4 " 9 1 / 4 " 3 3/4"2" 1" 2" 2" 1"3/4" 3/ 4 " 1 3 / 4 " 3 1/2"3 3/4"2"2"3 3/4"3 1/2" 1" 3/ 4 " 11 GA. GALV STEEL PLATE 9/16" DIA HOLE1/4 9/16" DIA HOLE 11 GA. GALV STEEL PLATE 11 GA. GALV STEEL PLATE 7/16" DIA HOLE, TYP 9/16" DIA HOLE 7/16" DIA HOLE, TYP 2" 1" 7/16" DIA HOLE, TYP 5" 1" 3 1/2"3 3/4"2" 1" DIA HOLE7/16" DIA HOLE, TYP 1" 3/ 4 " 2 1 / 2 " 3/4"1" 5 3/8"1 7/8"2"2"3 3/4"3 1/2" 1 7/8"1"3/4" 1 3 / 4 " 2 1 / 2 " 3/ 4 " 5" TOP REAR LEFT REAR RIGHT FRONT LEFT FRONT RIGHT 7/16" DIA HOLE, TYP CL CL 1' - 4 7/8" 1' - 4 7 / 8 " 3 3/4" 4" 3" 10 7 / 8 " 3" 3"10 7/8"3" 3" 4" 4" 1' - 4 7/8" 3"10 7/8"3" 11 GA. GALV. STEEL PLATE 11 GA. GALV. STEEL PLATE 7/16" DIA HOLES CL CL 1' - 7 7 / 8 " 3 3/4" 4" 3" 1' - 1 7 / 8 " 3" 3"1' - 1 7/8"3" 3" 4" 4 15/16"4"4 15/16" 1' - 7 7/8" 3"1' - 1 7/8"3" 11 GA. GALV. STEEL PLATE 11 GA. GALV. STEEL PLATE 7/16" DIA HOLES 0.25 4 CORNERS Sheet Number Project #: 872 Date: 2/8/2023 Issued for: REFERENCE Sh e e t T i t l e Pr o j e c t N a m e : 8 F T B O A R D W A L K S2 DE T A I L S 1 1/2" = 1'-0"S2 4 4x4 POST BRACKET - STRAIGHT 1 1/2" = 1'-0"S2 5 4x4 POST BRACKET - U-TURN 1 1/2" = 1'-0"S2 3 4x4 POST BRACKET - INSIDE TURN Revisions: 1 1/2" = 1'-0"S2 1 BEARING PAN - STANDARD 1 1/2" = 1'-0"S2 2 BEARING PAN - SWAMP NOTES DESIGN CRITERIA 1. THE PEDESTRIAN BOARDWALK IS DESIGNED IN ACCORDANCE WITH THE 2015 iNTERNATIONAL BUILDING CODE & ASCE 7-10 AND THE LOAD COMBINATIONS PRESCRIBED WITHIN FOR ALLOWABLE STRESS DESIGN, WITH THE FOLLOWING: DESIGN LOADS: DEAD LOAD = 12 PSF PEDESTRIAN LOAD = 60 PSF GROUND SNOW LOAD = 60 PSF WIND LOAD = 107 MPH VEHICLE LOAD = 4,000 LBS MATERIAL STRESSES: WOOD DECKING: =SYP #1 WOOD JOISTS =SYP#1 WOOD GIRDERS = SELECT STRUCTURAL WOOD CURB RAILS = SYP #1 GENERAL CONSTRUCTION 1. THE ENGINEER IS NOT RESPONSIBLE FOR THE CONSTRUCTION MEANS AND METHODS OR FOR SUPERVISION OF CONSTRUCTION. 2. ALL DIMENSIONS ARE TO BE CROSS-CHECKED WITH EXISTING FIELD DIMENSIONS AND APPROVED FABRICATION DRAWINGS FOR THE VARIOUS MATERIALS AND BUILDING COMPONENTS. ALL DISCREPANCIES ARE TO BE BROUGHT TO THE ATTANTION OF THE ENGINEER. SITEWORK 1. THE GENERAL CONTRACTOR IS TO VERIFY ALL CONDITIONS AT THE PROJECT SITE, INCLUDING UNDERGOUND UTILITY LOCATIONS PRIOR TO COMMENCING ANY EXCAVATION ACTIVITIES. FASTENERS: 1.FASTENERS AND CONNECTORS IN CONTACT WITH TREATED LUMBER SHALL BE HOT-DIP GALVANIZED. 2.DECK SCREWS SHALL BE EVERCOTE #8 x 3" DECK MATE SQUARE DRIVE BY PHILLIPS FASTENER PRODUCTS CO. 3.ALL STEEL CONNECTORS SHALL BE HOT-DIP GALVANIZED. WOOD 1.ALL STRUCTURAL DIMENSIONAL LUMBER SHALL COMPLY WITH THE AMERICAN WOOD COUNCIL'S 2015 NATIONAL DESIGN SPECIFICATION FOR WOOD CONSTRUCTION (2015 NDS). 2. ALL WOOD MEMBERS SHALL BE PRESERVATIVE TREATED IN ACCORDANCE WITH THE AMERICAN WOOD COUNCIL REQUIRMENTS FOR PRESERVATIVE TREATED LUMBER. 3. ALL WOOD MEMBERS SHALL HAVE A MAXIMUM MOISTURE CONTENT OF 19% AT THE THE TIME OF CONSTRUCTION. 4. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL TEMPORARY BRACING DURING HANDLING AND ERECTION. 5. THE CONTRACTOR IS RESPONSIBLE FOR THE INSTALLATION OF ALL FINAL BRACING, AS SHOWN ON DRAWINGS. 1 3 / 4 " 8' - 0 " 1 3 / 4 " 6' - 0" 2x8 2x8 2x8 2x8 2x8 2x8 5/4x6 DECKING (TREATED) CL (3 ) 2 x 8 (3 ) 2 x 8 CL 1' - 4 " 1' - 4 " 1' - 4 " 1' - 4 " 1' - 4 " 1' - 4 " POST 2 S1 3 S1 CL 4x4 POST (TREATED) CUSTOM GALV. BEARING PAN (16 7/8" X 16 7/8" ) 8' - 3 1 / 2 " 2x4 RAISED CURB RAIL (TREATED) CL POST 2x8 6' - 0" CL CL CUSTOM GALV. PLATFORM BRACKET CUSTOM GALV. BEARING PAN (16 7/8" X 16 7/8" ) 2x4 TREATED CURB RAIL 4 S1 2x4 TREATED BLOCKING 2' - 0"2' - 0"2' - 0" 3" CL CL 8' - 3 1/2" S1 4 1 3/4"1' - 4"1' - 4"1' - 4"1' - 4"1' - 4"1' - 4"1 3/4" SIMPSON LU26Z HANGER SIMPSON A35Z HANGER @ SIDE JOISTS 3/8" DIA GALV. HEX HEAD BOLT W/ NUT & WASHERS CUSTOM GALV. BEARING PAN (16 7/8" x 16 7/8" ) 1 3/4"8' - 0"1 3/4" 3 1/2" CLEAR 7' - 5"3 1/2" POST CONNECTION BOARDWALK DECK CL GALV. PLATFORM BRACKET W/ (2) 1/2" DIA THRU-BOLTS TREATED 4x4 BOARDWALK POST TREATED 5/4 x 6 DECK BOARDS W/ (2) #12 DECK SCREWS PER BOARD TREATED 2x4 TOP RAIL 1 3/4" S5 5 CURB RAIL BOARDWALK DECK CL TREATED 2x4 CONTINUOUS TOP RAIL TREATED 2x8 JOIST 1 3/4" 2x8 BLOCKING TREATED 2x4x 0'-3 1/2" RAIL BLOCKING @ 2'-0" OC POST CL CL 1' - 4 7/8" 1' - 4 7 / 8 " 3 3/4" 4" 3" 10 7 / 8 " 3" 3"10 7/8"3" 3" 4" 4" 1' - 4 7/8" 3"10 7/8"3" 11 GA. GALV. STEEL PLATE 11 GA. GALV. STEEL PLATE 7/16" DIA HOLES Sheet Number Project #: Date: 3/2/2022 Issued for: REFERENCE Sh e e t T i t l e Pr o j e c t N a m e : 8 F T V E H I C L E B O A R D W A L K St a n d a r d Ci t y , S t a t e S1 BO A R D W A L K P L A N & D E T A I L S 1/2" = 1'-0"S1 1 BOARDWALK PLAN - TYPICAL PANEL 1/2" = 1'-0"S1 2 BOARDWALK SIDE ELEVATION 1/2" = 1'-0"S1 3 BOARDWALK CROSS-SECTION 1 1/2" = 1'-0"S1 4 BOARDWALK POST CONNECTION DETAIL 1 1/2" = 1'-0"S1 5 BOARDWALK RAILING BRACKET 1 1/2" = 1'-0"S1 6 BEARING PAN - STANDARD Revisions: BOARDWALK DESIGN Trail Boardwalks APPLICATIONS Hiking Trails Parks Wetlands Marshes Golf Courses Nature Preserves ATV/UTV Trails Shorelines Boardwalk Footing Pans 4X4 SHOWN, ALSO AVAILABLE IN 4X6, 6X6 WETLANDS SHORELINES Boardwalk Brackets 4X4 SHOWN, ALSO AVAILABLE IN 4X6 & 6X6 12ga Steel Hot Dipped Galvanized ½” Bolt Through Hardware Universal Turn Configurations BOARDWALK PANELS Curves Turns Boardwalk Railing 2x4 curb rail on deck is typical If taller rail is required, rail posts are separate from the Pan Posts to prevent railing disruption if re-leveling is required. ◦Additional blocking is added to the panels to support and level the railing posts Boardwalk Rail Options Standard Railings •4’ max post spacing •4x4 posts Additional Options •Rub Rail •Hand Rail •Bike Rail •ADA 32” Rail Custom/Specialty Railings quoted upon request Vertical Spindle (32” 42”, 54”) Horizontal Trail (42”) Horizontal Pedestrian (42”, 54”) Curb/Golf Course Freeze/Thaw Adjustment The pan and bracket system are meant to float on the ground and are easy to adjust if required after freeze/thaw cycles •To adjust, use a jack to support the boardwalk •Remove the Lag bolts attaching the bracket to the post •Use the jack to adjust the boardwalk •Re-install hardware in the new position •Make sure hardware is well secured into solid wood About Us Thank you for your time and attention. Please reach out with any questions or future projects. We provide free site visits and can quickly generate estimates and quotes. Visit our website at www.custombridgesandboardwalks.com Tina Forrest –General Managertina@custommfginc.com General Emailcontact@custommfginc.com Custom Manufacturing/Custom Bridges and Boardwalks ◦606 Delco Drive ◦PO Box 279 ◦Clinton, WI 53525 ◦608-676-2282 Page 1 of 2 STAFF REPORT Agenda Item 5i. City Council Meeting: August 8, 2024 Prepared By: Kevin Mattson, and Kendra Lindahl, AICP Topic: Rezoning, Site Plan, Variance and Conditional Use Permit for Corcoran Storage II at 23730 Highway 55 (PID 31-119- 23-33-0001) (City file no. 23-016) Action Required: Decision Review Deadline: N/A 1. Request Staff is requesting City Council approval to proceed with preparation of a development contract to incorporate the right turn lane on the feedback from MNDOT regarding the Corcoran Storage II project. 2. Background The City Council approved the Rezoning, Site Plan, Variance and Conditional Use Permit for Corcoran Storage II at their September 28, 2023 meeting. The approval was conditioned upon several items, including MnDOT approval of the access and permitting. The applicant reached out to MnDOT in June as they were preparing to begin work and on July 17, 2024 MnDOT provided a review letter. That letter includes this statement: “Because of the location of this development in the center of the curve, MnDOT will require a right turn lane from westbound MN 55, and strongly recommends that the City of Corcoran require a left turn lane from eastbound MN 55.” City staff has reviewed the request and recommends turn lane improvements be limited to the MnDOT requirement of the west bound right turn lane since MnDOT is the regulating agency and the east bound left turn lane is excessive for the trip generation of this development. Figure 1 - Location map Page 2 of 2 The turn lane is an off-site improvement that will be designed, permitted, bid and constructed by the City at the developer’s expense. In order to facilitate that process, the site improvement performance agreement will need to be replaced with a development contract that incorporates the off-site improvement costs. 3. Recommendation Direct staff to prepare a development contract to replace the site improvement agreement to incorporate the right turn lane on Highway 55 required by MNDOT, but not the requested left turn lane, for Council action at the August 22, 2024 meeting. Attachments 1. Resolution 2023-80 Approving Site Plan and Conditional Use Permit 2. City Engineer Memo dated July 31, 2024 3. MNDOT letter dated July 17, 2024 Attachment 5i1. Memo To:Kevin Mattson, PE Public Works Director From:Kent Torve, PE, City Engineer Ed Terhaar, PE Project:Storage II HWY 55 Access Date:July 31, 2024 Background Corcoran Storage II was required to obtain a MnDOT access permit as part of the development. The State’s findings are attached that require a west bound right turn lane and also recommends the City require an east bound left turn lane. Recommendation Engineering recommends the turn lane improvements be limited to the MnDOT requirement of the west bound right turn lane since MnDOT is the regulating agency and the east bound left turn lane is excessive for the trip generation of this development. The offsite turn lane improvements will be designed, permitted, bid, and constructed as a City project via the typical LOC/escrow process. Attachment 5i2. Metropolitan District Waters Edge Building 1500 County Road B2 West Roseville, MN 55113 An equal opportunity employer MnDOT Metropolitan District, Waters Edge Building, 1500 County Road B2 West, Roseville, MN 55113 July 17, 2024 Natalie McKeown Planner City of Corcoran 8200 County Road 116 Corcoran, MN 55340 Scott Dahlke Civil Engineering Site Design PO Box 566 18 E. Broadway St. Monticello, MN 55362 SUBJECT: MnDOT Review #P24-038 Corcoran II Storage NE Quad MN 55 & Town Line Road Corcoran, Hennepin County Dear Ms. McKeown and Mr. Dahlke: Thank you for the opportunity to review the updated plans for the Corcoran II Storage. MnDOT has reviewed the documents and has the following comments: Surveys: MnDOT would appreciate it if the plat would be corrected. It is standard practice for the plat to have the measurements shown in either a clockwise or counter-clockwise direction for retracement purposes. Additionally, there is no boundary dimensioning in the southeast portion of the plat near the culvert mentioned by the developer. Questions about these comments should be directed to Brandon JB Nelson, Metro Surveys, at 651- 775-0975 or Brandon.JB.Nelson@state.mn.us. Access: The proposed access is located on a horizontal curve and near the crest of a vertical curve, both of which may limit available sight distance from the access and are considered risk factors for crashes. Because of this, under MnDOT’s Access Management guidelines, Turn-Lane Warrants for Undivided Highways, Warrant 2: Limited Sight Distance/Terrain – At all driveways and public street connections with inadequate stopping sight distance or located on short vertical curves or steep grades. Attachment 5i3. MnDOT Metropolitan District, Waters Edge Building, 1500 County Road B2 West, Roseville, MN 55113 Because of the location of this development in the center of the curve, MnDOT will require a right turn lane from westbound MN 55, and strongly recommends that the City of Corcoran require a left turn lane from eastbound MN 55. The developer should be aware that a 2008 study of MN 55 recommended broadening the curve if the highway is widened to four lanes in the future. This would move the highway north through the middle of this property. There are no definite plans to do this, however funding under the Corridors of Commerce program have been requested in the past, and a revised study for this highway will be started soon with the hopes of determining what improvements should be made to MN 55. If you have any questions about these comments, please contact Eric Lauer-Hunt, MnDOT West Area Traffic Safety, at 651-234-7875 or eric.lauer-hunt@state.mn.us. Multimodal: There is potential for a trail to be constructed on the north side of MN 55 within this development area. There are no confirmed plans, but the building should not preclude a future 10 foot trail construction that will be setback up to 20+ feet. If you have any questions, or need additional information, please contact Suzy Scotty, MnDOT Multimodal, at 651-366-4191 or suzanne.scotty@state.mn.us Water Resources: A drainage permit will be necessary for this development. Any projects adjacent to MnDOT Right of Way (ROW) or connecting to MnDOT drainage facilities will require a MnDOT drainage permit to ensure that current drainage rates to MnDOT right-of-way will not be increased. The drainage permit application, including the information below, should be submitted online to: https://dotapp7.dot.state.mn.us/OLPA/. Water Resources is aware of the pipe in the southeast corner of the development that is in poor condition, and identified it as such in an inspection in 2021. We are reviewing its current status and plans. The following information must be submitted with the drainage permit application: 1) A grading plan showing existing and proposed contours. 2) Drainage area maps for the proposed project showing existing and proposed drainage areas. Any off-site areas that drain to the project area should also be included in the drainage area maps. The direction of flow for each drainage area must be indicated by arrows. 3) Drainage computations for pre and post construction conditions during the 2, 10, and 100 year rain events. 4) Time of concentration calculations. 5) An electronic copy of any computer modeling used for the drainage computations. 6) See also the attached Drainage Permits Checklist for more information. Once a drainage permit application is submitted, a thorough review will be completed and additional information may be requested. Water Resources Engineering will work with the applicant to ensure acceptable outlets to the ROW. MnDOT Metropolitan District, Waters Edge Building, 1500 County Road B2 West, Roseville, MN 55113 Please direct questions concerning drainage issues to Jason Swenson (651-234-7539) or Jason.Swenson@state.mn.us of MnDOT’s Water Resources section. Maintenance: MnDOT requires that the developer use the correct erosion blanket. The old-style “plastic” blankets should not be used. Questions about this comment should be directed to Michael Kowski, MnDOT Maintenance, 651- 234-7924 or michael.p.kowski@state.mn.us. Signage: The developer is responsible for necessary signage modifications required by the development. Additionally, any signs related to a private business can not be located in MnDOT right-of-way (ROW). Signage requirements off MnDOT ROW is the responsibility of the City so the developer will have to meet their requirements. Permits: In addition to the drainage permit, an Access permit will be required for access from MN55. Also, a Miscellaneous Work permit will be required to remove the existing field access. Plus, any use of, or work within or affecting, MnDOT right-of-way will require a permit. Permits can be applied for at this site: https://olpa.dot.state.mn.us/OLPA/. Please upload a copy of this letter when applying for any permits. Please direct questions regarding permit requirements to Buck Craig of MnDOT’s Metro Permits Section at 651-775-0405 or Buck.Craig@state.mn.us. Review Submittal Options MnDOT’s goal is to complete reviews within 30 calendar days. Review materials received electronically can be processed more rapidly. Do not submit files via a cloud service or SharePoint link. In order of preference, review materials may be submitted as: 1. Email documents and plans to metrodevreviews.dot@state.mn.us. Attachments may not exceed 20 MB (megabytes) per email. Documents can be zipped as well. If multiple emails are necessary, number each email. 2. Files over 20 MB can also be uploaded to MnDOT’s Web Transfer Client site: https://mft.dot.state.mn.us. Contact metrodevreviews.dot@state.mn.us, and staff will create a shared folder in which files can be uploaded. Please send an accompanying email with a narrative for the development. If you have any questions concerning this review, please contact me at (651) 234-7797 or Cameron.muhic@state.mn.us. Sincerely, MnDOT Metropolitan District, Waters Edge Building, 1500 County Road B2 West, Roseville, MN 55113 Cameron Muhic Principal Planner Copy sent via E-Mail: Buck Craig, Permits Lance Schowalter, Design Jason Swenson, Water Resources Doug Nelson, Right-of-Way Eric Lauer-Hunt, Traffic Brandon JB Nelson, Surveys Ryan Wilson, Area Manager Christina Perfetti, Area Engineer Mike Kowski, Maintenance Suzy Scotty, Multimodal Amrish Patel, Transit Joe Widing, Metropolitan Council STAFF REPORT Agenda Item: 5j. Council Meeting August 8, 2024 Prepared By Jay Tobin Topic: Fee Schedule Update Action Requested Acceptance and Authorization Summary On June 20, 2024 City Council appointed a Community Development Director and staff has updated the fee schedule to ensure it reflects an appropriate Community Development Director Review Fee - per hour in addition to the schedule's existing City Planner Review - per hour. Financial/Budget Creates Community Development Review Fee at $85 per hour. Council Action 1.Approve Fee Schedule Update 2.Direct Staff to Re-evaluate Attachments 1. Updated Fee Schedule (Change Highlighted) Records & Service for City Document Maps Code Books Recycling Fee Copies City Park - Picnic Facility Labor/Staff Research Engraved Memorial Bricks Late Fees / Penalties / Cancellation City Facility Rentals Processing Fees Liquor/Tobacco Other Permits/Licenses Lawful Gambling Rental License Police Reports Firearm & Hunting Permits Car Seat Checks Rental Fee Police Patch Vehicle Impound Finger Printing Animal Impound False Alarm Fire/Medical Emergency Event Security Rates False Alarm Police Emergency Communications Systems Fee Burning Permit Fire Department Entry Key Lock Box Equipment Usage Street Department Fees Public Works Labor Grading & Land Disturbance Permit Lawn Mowing - Property Cleanup Overweight Vehicle Permit Swing Away Mail Box Arms Utility Permit Land Use Permit/Application Sign Permit Fence Permit Water Fees Connection Fees Sanitary Sewer Fees Other Utility Fees Building Permit Emergency Communications Systems Fee Plan Review Fee Over the Counter Permit State Surcharge Other Inspections and Fees SEC Fee Certificate of Survey Zoning & Set Back Review Penalty Building Permit and Related Fees Public Works Planning Development & Zoning Fees Utility Rates 2024 FEE SCHEDULE Table of Content Public Safety General Licenses & Permits Administrative Fees Exhibit A: City of Corcoran Fee Schedule Agenda Attachment: 5j1. Records & Service for City Document (Includes Tax) Assessment Search from County USB Flash Drive Interest charge on 30 day past due Escrow accounts Notary Fee - per document Candidate Filing Fee Code Books Code Book (Codes/Zoning/Subd) Binder Municipal Code Only Subdivision Code Only Zoning Code Only Comprehensive Plan Book Printed - special order Copies Copies Black/White - up to 8 1/2x14 per page Copies Black/White - 11 x 17 per page Copies Color up to 8 1/2x14 pp Copies Color 11x17 Copies Oversize (Larger than 11X17) - Special Order Labor/Staff Research Data Request Retrieval Cost per hour Data Request Copies - Per Page (up to 100 pages) Normal Business Hrs (1 hr minimum) per hour After Hours (1 hr minimum) per hour Late Fees / Penalties / Cancellation Returned Check Fee ACH Return / NSF (non-sufficient fund) Chargeback Delinquent Fee Permit Cancellation Fee Processing Fees Recreation Credit Card Processing Fee - Transactions under $100.00 Recreation Credit Card Processing Fee - Transactions over $100.00 InvoiceCloud Credit Card Processing Fee - Utility Bills ($2.95 minimum) InvoiceCloud Credit Card Processing Fee - Building Permits ($2.95 minimum) InvoiceCloud Credit Card Processing Fee - Invoices ($2.95 minimum) InvoiceCloud Credit Card Processing Fee - Miscellaneous Maps Color Maps - on cardstock Oversized or Laminated - special order Topos - special order Recycling Fee Recycling Fee - Annually Recycling Delinquent Fee Recycling Provider Late Fee City Park - Picnic Facility Group 1 (Local Non-Profit Groups): NW Area Jaycees, Corcoran Lions, Pioneer Society, NW Trails, Corcoran Garden Club, St. John's Lutheran School *Damage deposit required Group 2: Corcoran Residents *Damage deposit required Damage Deposit - Required for All Rentals / Amenities Pavilion Rental Fee Soccer/Football/Baseball - per field (per hour usage | minimum 2 hours) Lights (Lions Field only) - Additional per game Scoreboard and PA System (Snyder Field only | per game) $22.00 $30.00 $25.00 $100.00 Varies $53.16 $10.00 1.5% per month $350.00 $65.00 $35.00 $35.00 ADMINISTRATIVE FEES 2024 FEE SCHEDULE $100.00 $30.00 $30.00 $1.50 Varies Salary of the lowest-paid entity employee who can complete the task $65.00 2024 FEE $25.00 $10.00 10% $1.00 $10.00 $65.00 $100.00 $0.25 $0.55 $1.00 $10.00 3.25% 3.25% $3.00 $2.50 $0.25 Varies $25.00 N/C 4.19% less $4.19 1.25% N/C 10% Discount Exhibit A: City of Corcoran Fee Schedule ADMINISTRATIVE FEES 2024 FEE SCHEDULE 2024 FEE Tennis Courts - All courts 2 hour usage $15.00 Exhibit A: City of Corcoran Fee Schedule ADMINISTRATIVE FEES 2024 FEE SCHEDULE 2024 FEE Engraved Memorial Bricks (tax included) 4 x 8 Engraved Brick 12 x 12 Engraved Brick Engraved Stone (Large) Engraved Stone (X-Large) 48" Maintenance Free Bench Concrete Bench - 22 Characters Granite Bench *Product and prices subject to change with vendors City Facility Rentals Mutiple Date Change Fee (1 Date Change Per Year Free) Liquor/Tobacco Temporary 3.2 Malt Liquor License - 1 - 4 Day Event Temporary Malt Liquor License - 1 - 4 Day Event Temporary 3.2 Malt Liquor License - Annual Max On Sale 3.2 Malt Liquor Off Sale 3.2 Malt Liquor Investigation (New/Transfer License) On Sale Intoxicating Liquor On Sale Wine Off Sale Intoxicating Liquor (Fee limited by State Law) Sunday Sale Intoxicating Liquor (Fee limited by State Law) Investigation Fee (New/Transfer License) 2:00 am Closing Tobacco License Lawful Gambling Exempt Gambling Permit - Held at Non-Premise Permitted Site Exempt Gambling Permit - Held at a Premise Permitted Site (ie. Conducts Regular Charitable Gambling Activities Edible Cannabinoid Edible Cannabinoid Sale Application Edible Cannabinoid Sale License $125.00 Edible Cannabinoid Sale Renewal $125.00 Other Permits/Licenses Fireworks Permit - Per Event Hobby Kennel - Annual Fee Solid Waste Hauler License Application Rental Licenses Single-family homes, twin-homes, and townhomes License Fee (per unit) Re-inspection Fee (per unit) Conversion Fee Apartments License Fee (per per building plus $15.00 per unit) Re-inspection Fee (per unit) Conversion Fee Penalty for renewal applications filed and fees paid after July 1st (renewal date) (for each 30 days after December 1, but no more than 60 days) Filing fee for appeal of compliance order Reinstatement Fee Illegal Rental Operation/Let of Property First Violation $100.00 $100.00 $100.00 $75.00 $200.00 $75.00 N/C $50.00 $50.00 $25.00 $200.00 $300.00 Paid to State $100.00 $100.00 $25.00 $100.00 $4,000.00 $75.00 $150.00 $50.00 $75.00 N/C $50.00 $125.00 $25.00 $25.00 Varies* Varies* $10.00 $2,000.00 $150.00 $175.00 Varies* GENERAL LICENSES & PERMITS $50.00 $100.00 $135.00 Exhibit A: City of Corcoran Fee Schedule ADMINISTRATIVE FEES 2024 FEE SCHEDULE 2024 FEE Second violation within 24-month Third and subsequent violation within 24-month $500.00 $250.00 Exhibit A: City of Corcoran Fee Schedule Police Reports Police Reports - Per Page (up to 100 pages) Audio/Video on USB Flash Drive Normal Business Hrs (1 hr min.) per hour Car Seat Checks Resident Non-Resident - 1st Seat Non-Resident - Additional Seats Police Patch Police Patch - Available Only to Full-time Police Officers Finger Printing Resident Non-Resident Additional Cards - Resident Additional Cards - Non-Resident False Alarm Fire/Medical Emergency 2-3 In any 12-month period ( Each) 4+ In any 12-month period (Each) False Alarm Police 1-3 In any 12-month period 4+ In any 12-month period Burning Permit Valid for 1 month Valid for 6 months Firearm & Hunting Permits Shooting Range Annual Review Fee Goose Lake Hunting Permit Permit to Purchase/Transfer Rental Fee Range contract per day (law enforcement agencies only) Command Post per day Vehicle Impound Vehicle Impound Release Storage Fee Daily Animal Impound 1st Offense (Plus impound fees to shelter) 2nd and Subsequent Offenses (Plus impound fees to shelter) No Kennel License Event Security Rates Officer - per hour Officer - per hour Holiday rate Reserve Officer - per hour Emergency Communications Systems Fee Per Single Residential Unit Up to 4 Units Up to 10 Units For Any Number of Units Above 10 Units Fire Department Entry Key Lock Box DAMA Box and/or Mounting Kits Recreational Vehicle Permit Recreational Vehicle Permit *Term depends on year issued $10.00 $0.25 2024 FEE $25.00 PUBLIC SAFETY $10.00 Salary of the lowest-paid entity employee who can complete the task N/C N/C $5.00 N/C $25.00 N/C $5.00 $75.00 $150.00 $100.00 $250.00 $10.00 N/C Cost plus 10% $10.00 per year $30.00 $100.00 $200.00 $500.00 2024 FEE SCHEDULE $10.00 $50.00 $1,000.00 $21.48 $42.96 $50.00 $100.00 $125.00 $100.00 $250.00 $10.00 $35.00 Exhibit A: City of Corcoran Fee Schedule Equipment Usage Per Hour (Government Agency Assistance) Tractor/Backhoe Dump Truck Front End Wheel Loader Road Grader Skid Loader Wood Chipper Public Works Labor Per Hour Lawn Mowing - Property Cleanup Mowing 1 acre & under Mowing over 1 acre - $315 + additional hourly rate Contract tree and weed removal Contract rubbish removal Swing Away Mail Box Arms (Sales Tax included) Post only (mailbox not included) Post and Installation (mailbox not included) Street Department Fees Street Sign Install Labor (Per hour) Bituminous Trail Reimbursement Cost (per lineal foot) Culvert priced per foot Grading & Land Disturbance Permit Greater than 50 Cubic Yards (or less than 50 Cubic Yards non-exempt) One Acre or greater of disturbance Driveway Review (New or Altered Access) *Escrow Determined by City Engineer or City Representative Engineering Review - per hour Overweight Vehicle Permit Agriculture Commercial Tow Truck Daily Permit - Non Exempt Emergency Seasonal - Emergency (Septic, Liquid Propane & Similar) No Permit Penalty All Charges are Per Truck - Permits are Restricted Utility Permit Utility Work in the Right-of-Way - IE:Comcast, Century Link, CenterPoint Energy, Wright-Hennepin, etc Local Government Unit Fees Non-Refundable Application Fee Escrow Exemption Certificates $200.00 $1,000.00 Determinations $200.00 $1,000.00 Delineation Review $200.00 $2,000.00 Pond Excavations $200.00 $1,000.00 Wetland Replacement Plans <10,000 SF Impact on Single Basins or , 1/4 Acre Impact for Private Driveways $400.00 $2,000.00 All Other Replacement Plans $400.00 $2,500.00 Replacement Plan in Conjunction with Wetland Banking $400.00 $3,500.00 All Other Wetland Banking Applications $400.00 $3,500.00 Monitoring - Per Basin $400.00 $6,000.00 * Additional Weland Replacement Plan and Banking Escrows and Sureities are determined on a site-specific basis. Wetland Conservation Act Violations (Restoration Order) PUBLIC WORKS 2024 FEE 2024 FEE SCHEDULE $215.00 Per FEMA's Current Schedule of Equipment Rates $65.00 $315.00 $85.00 Cost + 65.00 Cost + 65.00 $130.00 N/C $75.00 $22.00 Cost + 65.00 $100.00* $300.00* $100.00* Varies - $1,000.00 Minimum Contract Rate $100.00 $750.00 $100.00 N/C Double Fee Exhibit A: City of Corcoran Fee Schedule 2024 FEE SCHEDULE Any person or entity that fails to obtain a permit under City Ordinance prior to performing work shall pay a penalty of two times the original permit fee and shall be required to pay all costs associated with enforcement, including reasonable attorney’s fees. Exhibit A: City of Corcoran Fee Schedule Land Use Permit/Application Type Non-Refundable Application Fee Escrow Agriculture Preserve Application - Placement (fee limited by state) $50.00 Agriculture Preserve Application - Removal (fee limited by state) $50.00 Administrative Permit $100.00 $1,000.00 Minor Subdivision, Lot Line Adjustment/Consolidation $100.00 $1,500.00 Certificate of Compliance $80.00 Development Rights Appeal $100.00 $500.00 Comprehensive Plan Amendment $1,000.00 $2,200.00 Conditional Use Permit (CUP)$550.00 $2,200.00 Conditional Use Permit (CUP) Amendment $200.00 $1,000.00 Environmental Review $500.00 $5,000.00 Interim Use Permit $500.00 $2,000.00 Final Plat – Base Fee Regular / OSP $400.00 $5,000.00 Final Plat – Per Lot Regular /OSP $15.00 Residential Park Dedication Fees (Subdivision Ordinance) Section 955 Single Family Per Unit $5,954.00 Multi Family Per Unit $4,040.00 Commerical and Industrial Per Acre $5,866.00 Preliminary Plat – Base Regular / OSP $400.00 $5,000.00 Preliminary Plat – Per Lot Regular / OSP $15.00 PUD -Preliminary Development Plan $575.00 $5,000.00 PUD - Final Development Plan $500.00 $5,000.00 PUD - Sketch Plat/Plan Review $450.00 $2,000.00 Rezoning $575.00 $2,000.00 Sign - Wetland Buffer Sign (per sign - requires site inspection)$20.00 Sign - Development Notice Sign First Sign $165.00 Each Additional Sign $50.00 Site Plan $425.00 $1,500.00 Site Plan Amendment - Minor $200.00 $1,000.00 Sketch Plat/Plan Review - Regular / OSP $450.00 $1,750.00 Topography Exemption, Wetland Waiver, Electronic File Waiver $200.00 $1,000.00 Vacation $350.00 $1,000.00 Variance $550.00 $2,000.00 Zoning/Subdivision Code Amendment $700.00 $2,000.00 Infrastructure Feasibility Study / Review $5,000.00 Additional Escrow May Be Required on a Project by Project Basis Meeting with City Consultants and City Staff (first hour no charge)Over 1 hour Contract fee $500.00 Public Works Director Review - per hour $90.00 Additional Escrow May Be Required on a Project by Project Basis City Planner Review - per hour $65.00 Community Development Director Review Fee - per hour $85.00 Additional Escrow May Be Required on a Project by Project Basis Fence Permit Fence (residential within 6’ of property line)$35.00 Zoning and Setback Review Only Sign Permit No Planning Commission Review - Temporary $35.00 No Planning Commission Review - Permanent $150.00 PLANNING DEVELOPMENT AND ZONING 2024 FEE Any fence taller than 7’ requires a building permit fee based on valuation + state surcharge 2024 FEE SCHEDULE Exhibit A: City of Corcoran Fee Schedule WATER FEES Residential Water Base Fees - per month Water Usage Rates - residential (monthly use) per 1,000 gallons Tier 1: 0 gallons to 4,999 gallons Tier 2: 5,000 gallons to 8,999 gallons Tier 3: 9,000 gallons to 19,999 gallons Tier 4: 20,000 gallons and over Multi-Residential (7+ units) Water Base Fees - per month Water rates - Multi-residential (monthly use) per 1,000 gallons Tier 1: 1,000 gallons + * REU = residential equivalent unit Non-Residential Water Base Fees - per month Non residential - Under 1" Meter Non residential - 1" to 3" Meter Non residential - Over 3" Meter Water rates - non residential (monthly use) per 1,000 gallons Tier 1: 1,000 gallons + Safe Drinking Water Fee (Per MN Safe Drinking Water Act) SANITARY SEWER FEES Residential Sewer Base Fees - per month Sewer rates - residential (monthly use) per 1,000 gallons Existing Customers - Based on Winter Water Usage (November-March) New Customers - Based on 4,500 gallons per month Multi-Residential Sewer Base Fees - per month Sewer rates - non residential (monthly use) per 1,000 gallons Tier 1: 1,000 gallons + Non-Residential Sewer Base Fees - per month Sewer rates - non residential (monthly use) per 1,000 gallons Tier 1: 1,000 gallons + Manufactured Homes Park Sewer rates - (monthly use) per 1,000 gallons Maple Hill Estates (804,000 gallons per month) CONNECTION FEES Trunk Line Availability Charge (TLAC) Watermain & Raw Water - Trunk Line Availability Charge (TLAC) - per acre: Southeast Treatment & Storage - Trunk Line Availability Charge (TLAC) - per acre: Southeast Watermain & Raw Water - Trunk Line Availability Charge (TLAC) - per acre: Northeast Treatment & Storage - Trunk Line Availability Charge (TLAC) - per acre: Northeast Sewer Trunk Line Availability Charge (TLAC) - per acre Connection Fees - City of Corcoran Water Connection Fee (per unit) - Single Family Water Connection Fee (per unit) - Multi-Family Water Connection Fee (per unit) - Non-Residential Sewer Connection Fee (per unit) - Single Family Sewer Connection Fee (per unit) - Multi-Family Sewer Connection Fee (per unit) - Non-Residential $0.81 $25,271.03 $3.11 $3.97 2024 FEE SCHEDULE UTILITY 2024 FEE $22.28 $2.43 $2.92 $3.65 $4.71 $22.28 $2.92 $27.53 $27.53 $35.65 $2.92 $31.36 $31.36 $3.11 $3.11 $31.36 $3.11 $9,318.44 $12,608.05 $12,369.75 $7,621.91 $1,332.82 $1,065.02 $1,332.82 $1,318.40 $1,054.72 $1,318.40 Exhibit A: City of Corcoran Fee Schedule 2024 FEE SCHEDULE UTILITY 2024 FEE Connection Fees - City of Maple Grove (Per Maple Grove Fee Schedule) Water Connection Fee (per unit) - Residential/individual laundry facilities Water Connection Fee (per unit) - Residential/ no individual laundry facilities Water Connection Fee (per acre) - Commercial/Industrial/Mixed Water Connection Fee (per acre) - All other Churches which do not house weekday school, preschool, and/or daycare activities Parks, per acre (0.5 times low density residential rate) Volumetric Charges - per 1,000 gallons Connection Fees - Metropolitan Council Sewer Access Charge (SAC) Meter Fees Meter - standard Meter - larger than standard Meter Inspection Meter - Temporary Installation OTHER UTILITY FEES Miscellaneous Fees Maple Grove Serviced Properties Broken Water Meter Fee - payable by each user for each month (Based on 4,500 gallons of water used per month) Late/Past Due Payments Delinquent Utility Fee Late Payment Penalty Water Disconnect Water Reconnect Bulk Water Sales Set Up/Administrative Fee Water Meter Rental Deposit Tier 1: 1,000 gallons + $11,996.00 $2,999.00 $2,399.00 $5,998.00 $1,500.00 $2.36 $2,485.00 Cost plus 10% Cost plus 10% $65.00 $65.00 $2.92 Cost plus 10% $10.94 $10.00 10% of unpaid bill $65.00 $65.00 $65.00 $1,000.00 Exhibit A: City of Corcoran Fee Schedule TOTAL VALUATIONS BUILDING PERMIT FEE SCHEDULE (Residential & Commercial) $1.00 to $500.00 $21.00 $501.00 to $2,000.00 $21.00 for the first $500.00 plus $2.75 for each additional $100.00, or fraction thereof, to and including $2,000.00. $2,001.00 to $25,000.00 $62.25 for the first $2,000.00 plus $12.50 for each additional $1,000.00, or fraction thereof, to and including $25,000.00. $25,001.00 to $50,000.00 $349.75 for the first $25,000.00 plus $9.00 for each additional $1,000.00, or fraction thereof, to and including $50,000.00. $50,001.00 to $100,000.00 $574.75 for the first $50,000.00 plus $6.25 for each additional $1,000.00, or fraction thereof, to and including $100,000.00. $100,001.00 to $500,000.00 $887.25 for the first $100,000.00 plus $5.00 for each additional $1,000.00, or fraction thereof, to and including $500,001.00 to $1,000,000.00 $2,887.25 for the first $500,000.00 plus $4.25 for each additional $1,000.00, or fraction thereof, to and including $1,000,001.00 and up $5,012.25 for the first $1,000,000.00 plus $2.75 for each additional $1,000.00, or fraction thereof BUILDING VALUATION STATE SURCHARGE* One Million or less .0005 x valuation with minimum of $1.00 for Flat Rate Permits [up to $10,010 valuation] $1,000,001 to $2,000,000 $ 500 + .0004 x (Value -$1,000,000) $2,000.001 to $3,000,000 $ 900 + .0003 x (Value - $2,000,000) $3,000,001 to $4,000,000 $1200 + .0002 x (Value - $3,000,000) $4,000,001 to $5,000,000 $1400 + .0001 x (Value - $4,000,000) Greater than $5,000,000 $1500 + .00005 x (Value - $5,000,000) 2024 FEE SCHEDULE BUILDING PERMIT AND RELATED SEC Fee: .0005 x permit valuation for all Building Permits except Re-Roof, Re-side, Re-Window, Decks & Interior Remodels. Minimum $150.00 New Home or Commercial Construction, Minimum $50.00 on any other non-exempt construction. ZONING AND Set Back Review: $25.00 for permits requiring review, $75.00 for New Construction plus any costs for City Planner to review. Agricultural Structure requires a Certificate of Compliance. EMERGENCY COMMUNICATIONS SYSTEMS FEE: $100.00 for new construction single family homes. Multiple residential unit rates per adopted fee schedule. Building Permit Fee - Fee is 100% of the adopted fee schedule below, plus State surcharge and applicable reviews listed below. Plan Review Fee: 65% of the Building Permit Fee calculated from the above schedule. Similar Plan Review Fee: 25% of the Building Permit Fee calculated from the above schedule. (Per MN State Building Code 1300.0160 Subp. 5 and 6) PLAN REVIEW FEE IS NON-REFUNDABLE STATE SURCHARGE: Based on the table below. For valuation use the fees listed above Exhibit A: City of Corcoran Fee Schedule 2024 FEE SCHEDULE BUILDING PERMIT AND RELATED Building Permit Fee - Fee is 100% of the adopted fee schedule below, plus State surcharge and applicable reviews listed below. Re-Roof, Re-side and Windows $90.00 each + State Surcharge Fee ($1.00) Commercial Re-roof, Re-side, Window/Door Replacement (with no alterations to openings) Based on Valuation, Permit fee and State Surcharge Only (if no review required) General Plumbing (Residential) $50.00 minimum + additional $5.00 per fixture + Water Heaters / Water Softeners (change out only)Water Heater $35.00 per unit + State Surcharge Fee ($1.00) Water Softener $35.00 per unit + State Surcharge Fee ($1.00) Water Heaters / Water Softeners (replacement)$35.00 per unit + State Surcharge Fee ($1.00) Mechanical (Residential) $75.00 per unit + State Surcharge Fee ($1.00) (Furnace, AC or Gas line) Additional $10.00 gas fitting/connection fee for each unit over 3 units The following qualify as a “unit” Furnace, AC, Air Exchange, In-floor heat, Boiler, Geothermal System, Ground System Heat Pump, Garage Heater, etc. Gas Fireplace $75.00 + State Surcharge Fee ($1.00) Inspection outside normal business hours; minimum two hour $90.00 per hr. Re-inspection Fee (minimum one hour charge)$45.00 per hr. Inspections for which no fee is specifically indicated (Minimum one hour charge) $60.00 per hr. Site Inspection Fee RESIDENTIAL $45.00 ea. COMMERCIAL $80.00 ea. Additional plan review required by changes, additions, or revi $60.00 per hr. Miscellaneous and special services per contract $60.00 per hr. Water Hook Up/Connection Permit (Plan review and inspectio $100.00 Sewer Hook Up/Connection Permit (Plan review and inspecti $100.00 Pre-Move inspection $150.00 ea. Moved – In structure (not including foundation, interior remod $250.00 ea. Commercial Plumbing permit and plan review Based on valuation Commercial Mechanical permit and plan review Based on valuation Electrical Inspections (Residential & Commercial)Per State Inspector Demolition Residential $150.00 + State Surcharge ($1.00) Commercial $250.00 + State Surcharge ($1.00) Mobile Home Installation $250.00 + State Surcharge ($1.00) Permit Cancellation Fee $35.00 + Plan Review Fee Replacement Permit Card Fee $35.00 Expired Permit Re-issue Fee (Expired permits may be re- issued at the diescrection of the City.) $35.00 Minimum up to 100% of permit fee OTHER INSPECTIONS AND FEES *State Surcharge fee is subject to State changes. OVER THE COUNTER PERMITS City Ordinance Title IV: 40-2 Certificate of Survey requirement. A certificate of survey shall be required with all building permit applications for new construction and building permits that enlarge or alter the footprint of an existing structure. Application for exemption (Building permits only) – If the proposed structure meets all of the required setbacks from the property line, flood plain, wetlands and easements by two times. Certificate of Survey Exhibit A: City of Corcoran Fee Schedule 2024 FEE SCHEDULE BUILDING PERMIT AND RELATED Building Permit Fee - Fee is 100% of the adopted fee schedule below, plus State surcharge and applicable reviews listed below. Financial Guarantee (Escrow/Contractor Surety) A refundable financial guarantee may be required on some projects. The amount shall be determined based on the project. A minimum of $1,000 cash escrow shall be deposited for all projects requiring a financial guarantee and shall be due prior to permit issuance. The escrow may include charges for staff time and/or costs incurred by the City to gain compliance with project requirements. All fees are to be paid at time of permit issuance PENALTY Any person or entity that fails to obtain a permit under City Ordinance Title lV: 40-40.04 prior to performing work shall pay a penalty of two times the original permit fee and shall be required to pay all costs associated with enforcement, including reasonable attorney’s fees. Exhibit A: City of Corcoran Fee Schedule STAFF REPORT Agenda Item: 5k. Council Meeting August 08, 2024 Prepared By Dan Wilcox Topic Police Protective Equipment Action Required Authorization and Direction Summary In May of 2024, the Corcoran Police Department responded to a call of unknown trouble that turned out to be a hostage situation where the suspect was armed with a firearm, which was fired several times during the event. During the initial response and stabilization of the event, a piece of equipment that was sorely lacking was a ballistic shield. Such a shield could have protected officers from gunfire as they waited for additional resources and armored vehicles. Shields are commonly used while serving warrants, performing high-risk traffic stops, and while negotiating with persons in crisis. They greatly benefit officers and the public by providing officers with a measure of protection allowing them to use de-escalation techniques to bring tense situations to a close using as little physical force as possible. They are also a valuable tool in safely extracting victims from active threats. The police department currently has no ballistic shields and is planning to purchase two in the near term. Depending on their deployment, others may be purchased in the future as the budget allows. The police department researched options and identified the Paraclete Vanguard VL as the best option to fit the department’s needs. The Paraclete Vanguard VL is rated to withstand common handgun and rifle ammunition and is relatively lightweight compared to competitors. Financial/Budget The Paraclete Vanguard VL is currently priced at $10,578.96 on state bid. A roughly 5% price increase is expected in August. Two shields would cost approximately $21,157.92 based on current pricing. Staff are seeking authorization expend up to $11,500 from the long-range public safety fund to purchase one Paraclete Vanguard VL ballistic shield and direction to incorporate the purchase of one additional shield in the 2025 capital improvement plan (CIP). The long-range public safety fund currently has a balance of approximately $60,669 from the original allocation of state public safety aid money. Council Action Consider a motion to authorize staff to expend up to $11,500 from the long-range public safety fund and direct staff to incorporate the purchase of one additional shield in the 2025 capital improvement plan. Attachments 1. Paraclete Vanguard sales sheet 1-800-413-5155 • PointBlankEnterprises.com BALLISTIC SHIELD • Lightweight (20” x 30” with viewport) weighs only 14.8 lbs • Thickness = 0.4“ • 3” x 9” Reinforced Ballistic Viewport • Left and right weapon index platform for accurate handgun or long-gun deployment • Solid handle system • Thick high density foam pad • Hook and Loop forearm strap attachment system • Reinforced Ballistic Bolt System for added protection FEATURES THICKNESS = 0.4” • 7.62mm x 51mm (M80) • 7.62mm x 39mm PS Ball (MSC) • 5.56 x 45mm (M193) Special Threats Rounds Tested BALLISTIC PERFORMANCE LEVELIII VANGUARD NON-BALLISTIC TRAINING SHIELDS AVAILABLE IN THREE SIZES/SHAPES • 20” x 30” - 14.8 lbs with viewport • 20” x 30” - 16.1 lbs with viewport & light VS • 21” x 36” - 16.8 lbs with viewport • 21” x 36” - 18.1 lbs with viewport & light VL (Large) • 21” x 36” - 18.5 lbs with viewport • 21” x 36” - 19.7 lbs with viewport & light VR (Rectangle) 20” x 48” - 25.5 lbs with viewport XL (Extra Large) Agenda Attachment: 5d1. Agenda Attachment: 5k1. Page 1 of 1 STAFF REPORT Agenda Item 6a. City Council Meeting: August 8, 2024 Prepared By: Zeke Peters through Kendra Lindahl, AICP Topic: Easement Vacation for Bellwether 10th Addition (City File No. 24-020) Action Required: Approval Review Deadline: August 23, 2024 1.Application Request The applicant, Pulte Homes of Minnesota, LLC, is requesting a vacation of drainage and utility easements over Outlot B in Bellwether 8th Addition. The vacation of the easements will allow the development of the 26 lots in the Bellwether 10th Addition. 2. Background As part of the Bellwether subdivision, blanket drainage and utility easements and perimeter easements were provided over the outlots. The easements are requested to be vacated as new easements will be provided with Bellwether 10th Addition and the old easements are no longer needed. The easement vacations will be filed with the plat that dedicates the new easements. 3. Recommendation Move to adopt Resolution 2024-89 approving the easement vacations for Bellwether 10th Addition. Attachments 1.Resolution 2024-89 approving the easement vacation for Bellwether 10th Addition 2.City Engineer’s Memo dated July 29, 2024 3.Easement vacation exhibit – Outlot B 4.Bellwether 8th Addition Final Plat City of Corcoran August 8, 2024 County of Hennepin State of Minnesota RESOLUTION NO. 2024-89 Page 1 of 3 Motion By: Seconded By: APPROVING VACATION OF DRAINAGE AND UTILITY EASEMENTS FOR “BELLWETHER 10th ADDITION” SUBDIVISION (CITY FILE 24-020) WHEREAS, Pulte Homes of Minnesota, LLC (“the applicant”) has requested approval of easement vacations within the subdivision: WHEREAS, the applicant has requested vacation of the existing easements legally described as follows: See Attachment A WHEREAS, the Corcoran City Council considered this item at a Public Hearing; WHEREAS, notice of the public hearing was mailed to all landowners of property directly abutting the area to be vacated and to all utility companies serving the area; WHEREAS, notice of the public hearing was published in the official newspaper; WHEREAS, the City finds that the existing drainage and utility easements are no longer required as new easements will be dedicated with the plat for the Bellwether 10th Addition; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the following vacation, subject to the following conditions: 1. Approval of the vacation is contingent upon approval of the final plat for Bellwether 10th Addition and dedication of new easements. 2. The applicant must record the resolution approving the vacation at Hennepin County and provide the City of Corcoran with proof of recording. 3. The applicant must record the resolution approving the vacation prior to recording the final plat for Bellwether 10th Addition. VOTING AYE VOTING NAY McKee, Tom McKee, Tom Bottema, Jon Bottema, Jon Nichols, Jeremy Nichols, Jeremy Lanterman, Mark Lanterman, Mark Vehrenkamp, Dean Vehrenkamp, Dean City of Corcoran August 8, 2024 County of Hennepin State of Minnesota RESOLUTION NO. 2024-89 Page 2 of 3 Whereupon, said Resolution is hereby declared adopted on this 8th day of August 2024. ________________________________ Tom McKee - Mayor ATTEST: ____________________________________ City Seal Jay Tobin – City Administrator City of Corcoran August 8, 2024 County of Hennepin State of Minnesota RESOLUTION NO. 2024-89 Page 3 of 3 Attachment A – Legal Description A drainage and utility easement over all of Outlot B, BELLWETHER 8TH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. Memo To:Kevin Mattson, PE Public Works Director From:Kent Torve, PE, City Engineer Steve Hegland, PE Project:Bellwether 10th Easement Vacation Date:July 29, 2024 Summary The vacation of the existing easement for Bellwether 10th has no impact on City infrastructure. SHEET 1 OF 5 SHEETS BELLWETHER 8TH ADDITION C.R. DOC. NO._________ KNOW ALL PERSONS BY THESE PRESENTS: That Pulte Homes of Minnesota, LLC, a Minnesota limited liability company, owner of the following described property situated in the State of Minnesota, County of Hennepin, to wit: OUTLOT F, BELLWETHER Has caused the same to be surveyed and platted as BELLWETHER 8TH ADDITION and does hereby dedicate to the public for public use the public ways and the easements for drainage and utility purposes as created by this plat. In witness whereof said Pulte Homes of Minnesota, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this day of , 2022. Signed: Pulte Homes of Minnesota, LLC Jamie Tharp, Chief Manager STATE OF MINNESOTA, COUNTY OF This instrument was acknowledged before me this day of , 2022, by Jamie Tharp, Chief Manager of Pulte Homes of Minnesota, LLC, a Minnesota limited liability company, on behalf of the company. My Commission Expires: Notary Public, County, Minnesota (Signature) (Notary Printed Name) SURVEYORS CERTIFICATE I Daniel L. Schmidt do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been or will be correctly set within one year; that all water boundaries and wet lands, as defined by Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 2022. Daniel L. Schmidt, Licensed Land Surveyor Minnesota License No. 26147 STATE OF MINNESOTA, COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 2022, by Daniel L. Schmidt. My Commission Expires: Notary Public, Hennepin County, Minnesota (Signature) (Notary Printed Name) CITY COUNCIL, CITY OF CORCORAN, MINNESOTA This plat of BELLWETHER 8TH ADDITION was approved and accepted by the City Council of the City of Corcoran, Minnesota at a regular meeting held this day of , 2022, and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. City Council, City of Corcoran, Minnesota By:, Mayor By:, Clerk RESIDENT AND REAL ESTATE SERVICES Hennepin County, Minnesota I hereby certify that taxes payable in and prior years have been paid for land described on this plat, dated this day of , 2022. Mark V. Chapin, County Auditor By: , Deputy SURVEY DIVISION Hennepin County, Minnesota Pursuant to Minnesota Statutes Section 383B.565 (1969), this plat has been approved this day of , 2022. Chris F. Mavis, County Surveyor By: COUNTY RECORDER Hennepin County, Minnesota I hereby certify that the within plat of BELLWETHER 8TH ADDITION was recorded in this office this day of , 2022, at o'clock M. Amber Bougie, County Recorder By:, Deputy SR R G N NE ENIG E D E S I E NN SATHRE-BERGQUIST, INC. S US S Y R S O E R E V R P L A I N S E T B S E E S H E E T 4 O F 5 S H E E T S OUTLOT A INSET C SEE SHEET 5 OF 5 SHEETS INSET A SEE SHEET 3 OF 5 SHEETS OUTLOT B Δ Δ Δ Δ Δ Δ Δ 0 SCALE IN FEET 100 50 50 100 200 The basis for the bearing system is the west line of OUTLOT F, BELLWETHER and is assumed to bear North 00 degrees 47 minutes 14 seconds East. Denotes a 1/2 inch by 14 inch iron pipe set and marked by License No. 26147. Denotes a 1/2 inch pipe found and marked by License No. 53642, unless shown otherwise. SHEET 2 OF 5 SHEETS NO R T H C.R. DOC. NO._________BELLWETHER 8TH ADDITION SR R G N NE ENIG E D E S I E NN SATHRE-BERGQUIST, INC. S US S Y R S O E R E V R P L A Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ 7 1 2 3 4 5 611 8 910 14 12 13 15 Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ 1 1 1 3 3 4 4 19 Δ Δ Δ Δ Δ Δ 3 2 OU T L O T D 14 6 18 1 4 5 9 7 8 12 16 10 11 15 13 Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ 1720 Δ OUTLOT C 8 7 6 5 4 3 2 1 Δ Δ Δ Δ Δ Δ 9 Δ Δ Δ H U N T E R S R I D G E M U L B E R R Y LANE 10 2 N D PL A C E Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ 0 SCALE IN FEET 40 20 20 40 80 The basis for the bearing system is the west line of OUTLOT F, BELLWETHER and is assumed to bear North 00 degrees 47 minutes 14 seconds East. NOT TO SCALE 10 5 5 Being 5 feet in width and adjoining lot lines, unless otherwise indicated, and being 10 feet in width and adjoining right of way lines, unless otherwise indicated, as shown on this plat. 10 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: INSET A SHEET 3 OF 5 SHEETS NO R T H C.R. DOC. NO._________ Denotes a 1/2 inch by 14 inch iron pipe set and marked by License No. 26147. Denotes a 1/2 inch pipe found and marked by License No. 53642, unless shown otherwise. BELLWETHER 8TH ADDITION SR R G N NE ENIG E D E S I E NN SATHRE-BERGQUIST, INC. S US S Y R S O E R E V R P L A Δ Δ Δ 2 5 5 2 3 1 4 Δ Δ Δ Δ 5 6 7 Δ Δ Δ Δ 14 15 16 17 18 12 13 10 7 8 95 6 2 3 4 1 Δ Δ Δ Δ Δ Δ Δ Δ ΔΔ Δ Δ Δ 11 PL A C E 10 2 N D P L A C E Δ 1 0 2 N D 0 SCALE IN FEET 50 25 25 50 100 The basis for the bearing system is the west line of OUTLOT F, BELLWETHER and is assumed to bear North 00 degrees 47 minutes 14 seconds East. NOT TO SCALE 10 5 5 Being 5 feet in width and adjoining lot lines, unless otherwise indicated, and being 10 feet in width and adjoining right of way lines, unless otherwise indicated, as shown on this plat. 10 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: SHEET 4 OF 5 SHEETS NO R T H C.R. DOC. NO._________BELLWETHER 8TH ADDITION Denotes a 1/2 inch by 14 inch iron pipe set and marked by License No. 26147. SR R G N NE ENIG E D E S I E NN SATHRE-BERGQUIST, INC. S US S Y R S O E R E V R P L A INSET B 6 7 7 8 Δ Δ Δ Δ Δ Δ Δ Δ 1 3 2 Δ Δ Δ Δ 6 10 8 3 4 1 2 9 11 Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ 7 5 8 9 10 12 4 2 8 1 5 3 11 6 7 OUTLOT G O U T L O T E OUTLOT F Δ Δ Δ Δ Δ Δ Δ Δ JA C K P I N E L A N E 102ND P L A C E Δ Δ Δ Δ Δ Δ Δ Δ Δ 0 SCALE IN FEET 40 20 20 40 80 NOT TO SCALE 10 5 5 Being 5 feet in width and adjoining lot lines, unless otherwise indicated, and being 10 feet in width and adjoining right of way lines, unless otherwise indicated, as shown on this plat. 10 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: SHEET 5 OF 5 SHEETS NO R T H C.R. DOC. NO._________ The basis for the bearing system is the west line of OUTLOT F, BELLWETHER and is assumed to bear North 00 degrees 47 minutes 14 seconds East. BELLWETHER 8TH ADDITION SR R G N NE ENIG E D E S I E NN SATHRE-BERGQUIST, INC. S US S Y R S O E R E V R P L A INSET C Denotes a 1/2 inch by 14 inch iron pipe set and marked by License No. 26147. Denotes a 1/2 inch pipe found and marked by License No. 53642, unless shown otherwise. STAFF REPORT Agenda Item: 7a. Council Meeting: August 8, 2024 Prepared By: Director Gottschalk Topic: Regulating Peddlers, Solicitors, and Transient Merchants Action Required: Direction Summary: The City of Corcoran has discussed the regulation of Peddlers, Solicitors, and Transient Merchants at the City Council meetings on June 9, 2011, November 12, 2015, November 9, 2017, and April 14, 2022. Staff have also received complaints from the community regarding door-to-door sales. At the April 14, 2022, City Council meeting the council directed staff to move forward with creation of a draft ordinance regulating Peddlers, Solicitors, and Transient Merchants. The direction included starting with the League of MN Cities model ordinance and working with the City Attorney to expand some of the restrictions and limitations, as appropriate, along with simplifying the exclusion placard requirements. Staff indicated that they would begin working on the draft. Since that time, the guiding information from the League of Minnesota Cities and the model ordinance have been updated. In addition, there is one new council member and several staff changes. The current staff has not located a working draft of the ordinance with the amendments directed by council. Staff would like the council to review the attached information on regulating Peddlers, Solicitors, and Transient Merchants along with the current model ordinance and provide direction to staff on whether or not to proceed with creation of a new draft ordinance and its contents. Financial/Budget: This will incur cost to the City in staff time and legal fees. The extent of that cost will depend on how much development and legal review is required. Options: 1.Consider a motion to direct staff to develop a draft ordinance regulating Peddlers, Solicitors, and Transient Merchants incorporating the feedback provided. 2.Provide staff with other direction. Recommendation: Consider a motion to direct staff to develop a draft ordinance regulating Peddlers, Solicitors, and Transient Merchants incorporating the feedback provided. Council Action: 1. Consider a motion to direct staff to develop a draft ordinance regulating Peddlers, Solicitors, and Transient Merchants incorporating the feedback provided. Attachments: 1. League of Minnesota Cities Information Memo- Regulating Peddlers, Solicitors, and Transient Merchants 2. League of Minnesota Cities Model Ordinance This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. 145 University Ave. West www.lmc.org 11/9/2023 Saint Paul, MN 55103-2044 (651)281-1200 or (800) 925-1122 © 2023 All Rights Reserved INFORMATION M EMO Regulating Peddlers, Solicitors, and Transient Merchants Describes possible ways cities can regulate peddlers, solicitors, and transient merchants. Learn how to differentiate between the persons and practices to avoid legal challenges. Understand the meaning of reasonable regulations that do not violate any rights protected by the state or federal constitutions. Contains easy-to-use charts on local authority and whether to license or merely register. RELEVANT LINKS: I. Why regulate peddlers, solicitors, or transient merchants Peddlers, solicitors, and transient merchants can provide benefits and challenges to cities and their residents. They provide an opportunity to bring interested parties (such as buyers and sellers, or donors and charitable, religious, or nonprofit organizations) together. However, they can also cause problems not typically associated with permanently established local businesses. Bad experiences can lead disgruntled home and business owners to contact their local officials demanding relief, including: •Protection from fraud, scam artists, and other unwanted intrusions. •Prevention of crimes and unlawful activities. •A direct city response to their uneasiness and need for safety in the community. Minnesota cities have the authority, both specifically within state statutes and under their general police powers, to regulate the activities of peddlers, solicitors, and transient merchants. However, this authority is not absolute. Regulations must be “reasonable” and not violate any rights protected by the state or federal constitutions. II.Classifications State and local governments have used different terms to describe individuals who travel city-to-city or door-to-door offering products and services for sale or expressing ideological and religious beliefs. The most common names for those participating in these general practices include: Agenda Attachment: 7a1. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 2 Section II-A, Peddlers. Section II-B, Solicitors and canvassers. Section II-C, Transient merchants. • Peddlers • Solicitors • Transient merchants • Hawkers • Canvassers • Advocates • Itinerant vendors • Hucksters • Proselytizers • Door-to-door salespersons • Drummers • Missionaries Peddlers, Solicitors and Transient Merchants, LMC Model Ordinance. Such terms (and others) are generally defined by state statute or city ordinance. Language is often used interchangeably but may be applied differently depending on the relevant jurisdiction involved. Despite the use of these various terms for generally similar practices, there are fundamental differences in actual operations that affect a local government’s ability to regulate a particular type of activity. A. Peddlers City of St. Paul v. Briggs, 85 Minn. 290, 88 N.W. 984 (1902). A peddler is generally described as someone who: • Travels about from place to place with no fixed place of business. • Carries the actual merchandise offered for sale, not merely samples of such products. • Sells the merchandise at the time it is offered for sale. • Delivers the merchandise at the time the sale is consummated. • Sells to the ultimate consumer and not to a retail establishment for an expected resale of the merchandise. Also commonly known as hawkers, peddlers carry the actual products offered for sale from place to place. Section V,-Local regulations. Cities generally have the authority to either license or register peddlers who wish to operate within the city’s jurisdiction. Section IV-C, Commerce Clause. Section II-B, Solicitors and canvassers. The licensing or regulation of peddlers usually does not raise constitutional concerns under the Commerce Clause because both product delivery and payment occur during the initial interaction. With peddling, goods are not typically shipped into the local jurisdiction for delivery at a later date and time. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 3 B. Solicitors and canvassers Excelsior Baking Co. v. City of Northfield, 247 Minn. 387, 77 N.W.2d 188 (1956). Edwards v. City of Reno, 103 Nev. 347, 742 P.2d 486 (1987). A solicitor also engages in door-to-door activities. However, unlike a peddler, a merchant solicitor goes from place to place and only obtains orders for goods or services that will be delivered or performed at a later date. Solicitors do not carry the merchandise they are offering for sale with them. Most often, a solicitor will use samples, or carry catalogues illustrating the goods or services available. All Parks Alliance for Change v. Uniprop Manufactured Housing Cmtys. Income Fund, 732 N.W.2d 189 (Minn. 2007). Although this memo often uses the terms “solicitors” and “solicitation” interchangeably with “canvassers” and “canvassing,” canvassing refers to the practice of going from location to location with the primary purpose of furthering religious, social, or political advocacy. Unlike solicitors, financial profit is not the canvassers’ primary motivation. A canvasser (sometimes known as an advocate) may: • Ask for signatures on a petition. • Request support for a political candidate or position. • Espouse religious beliefs or causes. • Seek donations, organization memberships, or other financial support for their religious, social, or political organizations. • Take orders for goods, to be delivered at a later time, in order to raise money for a non-profit or other charitable organization’s operations. Section IV. Constitutional implications. The regulation of these types of door-to-door advocates involves many basic constitutional rights, including a canvasser’s freedom of speech and possibly freedom of religion, a solicitor’s Commerce Clause protections, and a homeowner’s privacy and property rights. Minn. Stat. § 412.221, subd. 19. Although statutory cities are specifically provided the power to “restrain or license and regulate” solicitors and canvassers (most home rule charter cities have similar language within their charters), most legal authorities suggest their authority is actually more limited. Section IV-C, Commerce Clause. A.G. Op. 59a-32 (Jan. 13, 1961). Section V-G, Registration. The major restriction on local licensing of solicitors is the Commerce Clause of the U.S. Constitution. The Minnesota attorney general has advised that because states are prohibited from interfering with interstate commerce, local governments cannot collect license fees from solicitors who take orders in one state for goods to be delivered in the future from another state. In contrast, a municipal ordinance requiring all solicitors, including interstate merchants, to simply register with local authorities before engaging in their business activities may be a reasonable local regulation of interstate commerce. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 4 Section IV-A, Freedom of speech. And while most canvassing activities do not raise concerns under the commerce clause, these activities likely raise protections under the First Amendment. If the activity is pure advocacy (the expression of one’s views or religious principles), a local unit of government cannot impose a prior restraint, such as obtaining a license or registration before engaging in the activity. Unfortunately, it is less clear what regulations, if any, may be enacted when the canvassing involves the sale of goods and services that will be provided at a later date. So, while the city can license peddlers and transient merchants, it probably should not license most solicitors or canvassers. C. Transient merchants A transient merchant is someone who demonstrates the traits of both a peddler and the typical permanent business. Transient merchants are regulated under state law. Minn. Stat. § 329.099. A transient merchant is: • Any person, individual, partnership, limited liability company, or corporation. • That sells goods, wares, or merchandise. • From a vehicle, portable shelter, vacant building, structure, lot, or railroad car. • With the intent to remain in business at any one location for a limited period, usually no more than a few weeks. Minn. Stat. § 329.099. Pursuant to state statute, a “transient merchant” does not include the seller or exhibitor in a firearms collection show involving two or more sellers or exhibitors. Minn. Stat. § 329.10. Minn. Stat. § 329.11. Transient merchants are not allowed to begin their business operations without first applying for and obtaining a county-issued license. (In practice, however, a county may not be issuing such licenses.) The license application will include: • The applicant’s name. • The proposed place of business. • The type or manner of business to be conducted. • How long the business will operate at that location. Minn. Stat. § 329.11. A transient merchant pays a county license fee of $150 and provides a bond in an amount not less than $1,000, but no more than $3,000. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 5 The bond is conditioned on the merchant conforming to all laws relating to transient merchants, complying with all material oral or written statements and representations made regarding merchandise offered for sale, as well as on the faithful performance of any warranties made with the merchandise. Minn. Stat. § 329.13. Minn. Stat. § 329.17. When goods are brought into the state by a nonresident and it is claimed that such stock is to be sold at reduced prices, it is considered prima facie (“on its face”) evidence that the person (partnership or corporation) selling those goods is a transient merchant. Anyone acting in violation of these requirements is guilty of a gross misdemeanor. Minn. Stat. § 329.15. Minn. Stat. § 412.221, subd. 19. Minn. Stat. § 437.02. In addition, statutory and home rule charter cities have the specific authority to adopt ordinances to regulate, control, and license transient merchants, as well as provide criminal penalties for violating city regulations. State ex rel. Greenwood v. Nolan, 108 Minn. 170, 122 N.W. 255 (1909). State v. Schmidt, 280 Minn. 281, 159 N.W.2d 113 (1968). Licensing or other city ordinances regulating transient merchants must apply uniformly to all transient dealers regardless of residence, locale, or otherwise. 94 A.L.R. 1076. A volume of legal authority recognizes classifications based on the temporary nature of transient merchants as valid, and finds that it is proper to distinguish between temporary enterprises and permanently established businesses. D. Commercial vs. non-commercial In addition to categorizing conduct as peddling, soliciting, or transient merchant sales, these activities also need to be evaluated as to whether they are commercial or non-commercial in nature. LMC information memo, Public Nuisances. Often, the action or conduct is a nuisance and possibly a violation of city ordinance. In reality, it is not that easy to define community concerns and tolerances. To illustrate the practical differences involved, consider: • The resident, unbothered when non-profits ring the doorbell selling candy bars, but infuriated when a vacuum salesperson comes calling. • The resident, who doesn’t mind the vacuum salesperson who maintains an office on Main Street but doesn’t want to be disturbed by similar salespersons who live and work in another city, county, or state. • The resident who pretends to be out whenever a member of a particular religious group knocks on the door, just wanting to talk about their beliefs, but opens her door when the parish priest or pastor stops by seeking donations for the church’s latest initiative. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 6 These scenarios describe what seem to be very similar activities, which would seem to require the same manner of regulation. The community may, however, be tempted to regulate certain groups and organizations in a more stringent manner simply because they consider those groups distasteful. SectionIV, Constitutional implications. The particular entity involved (business, church, political candidate or party, or local charity), the activity (the sale of goods or services, political campaigning, or preaching), and purpose behind that activity (for-profit or merely incidental to non-profit’s purpose), are all relevant when determining whether local regulations apply. Cities need to be careful that their regulations are applied evenly with the appropriate category or grouping. III. Local authority Handbook, City Licensing. Handbook, City Regulatory Functions. Appendix A: Local Authority-Regulations or Prohibitions. Cities, counties, and other units of local government have substantial regulatory powers. Although a local government’s licensing and regulatory authority is necessary to promote and protect the general welfare, they can often provoke conflicts between public and private interests. Section IV,Constitutional implications. Local regulations may also impact an individual’s constitutional rights. Since resolving these clashes is often a difficult task, the proper application of the city’s licensing and regulatory authority is critical. A. Scope of authority Minn. Stat. § 329.15. Minn. Stat. § 412.221, subd. 19. Minn. Stat. § 437.02. Despite specific statutory authority authorizing the regulation (or prohibition) of peddlers, solicitors, and transient merchants, and years of judicial interpretation, there is some uncertainty about the actual scope of a city’s authority to license or regulate. While it is fairly clear cities cannot ban certain classes of transient activities, it is far from clear how far their regulations may go. B. Regulations—in general Watchtower Bible & Tract Soc’y of New York, Inc. v. Village of Stratton, 536 U.S. 150, 122 S. Ct. 2080 (2002). Section III-C, Time, place, and manner. The government’s interest in regulating door-to-door and transient merchant activities is generally two-fold: 1) To ensure residents’ privacy rights in their homes; and 2) To protect residents from fraud and other crimes. Regulations take different forms, from elaborate licensing schemes, to more simple requirements such as registering with the police department and agreeing to abide by time, place, and manner restrictions. State ex rel. Cook v. Bates, 101 Minn. 301, 112 N.W. 67 (1907). New Jersey Good Humor, Inc., v. Bd. Of Comm’rs, 11 A.2d 113 (N.J. 1940). With few exceptions, city regulations should seek to control only the nuisance aspects of a particular type of business, not outlaw the activity completely. However, if certain businesses involve a fraudulent scheme designed to trap the unsuspecting citizen, a city may go as far as a prohibition, though that may be difficult to prove. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 7 Ward v. Rock Against Racism, 491 U.S. 781, 109 S. Ct. 2746 (1989). Cities need to be mindful that their regulations should be: • Content neutral. (A city generally cannot target or treat individuals differently because of who they are or for their particular message). • Narrowly tailored to serve the government’s interest. • Open for alternative methods for the same or similar communications to occur. C. Time, place, and manner Ward v. Rock Against Racism, 491 U.S. 781, 109 S. Ct. 2746 (1989). State ex rel. Cook v. Bates, 101 Minn. 301, 112 N.W. 67 (1907). Cities have some discretion in regulating the time, place, and manner in which peddlers, solicitors, and transient merchants operate. If a restriction is not content-based, a city may impose reasonable restrictions. The city’s discretion is not, however, absolute. Bd. of Trs. Of State Univ. of N.Y. v. Fox, 492 U.S. 469, 109 S. Ct. 3028 (1989). Working America v. City of Bloomington, 142 F. Supp. 3d 823 (D. Minn. 2015). Cities need to consider a restriction’s general effect and be able to demonstrate a “reasonable fit” between the government’s end (i.e., to preserve privacy in one’s home; prevent fraud, theft, or other crimes) and the means that they have decided to use to accomplish those goals (i.e., background checks, registration, or bonding). Ohio Citizen Action v. City of Mentor-on-the-Lake, 272 F. Supp. 2d 671 (N.D. Ohio 2003). ACORN v. City of Frontenac, 714 F.2d 813 (8th Cir. 1983). Local restrictions are generally reviewed by the courts using a test that has been defined as intermediate scrutiny (Is an important governmental interest furthered substantially by the regulation used?). However, if the restriction is not content neutral (i.e., only applies to a particular group or specific activity), it will be subject to a more stringent test known as strict scrutiny (Is there a compelling governmental interest? Is the regulation narrowly tailored to achieve that interest? Is that regulation the least restrictive way possible to accomplish that goal?). In providing time, place, or manner restrictions, the local authority recognizes that sometimes it is the method, and not the activity itself, that will affect the health, safety, and welfare of the residents. By providing guidelines on acceptable methods, the needs of residents and merchants (or canvassers) can often be accommodated. 1. Time Ohio Citizen Action v. City of Mentor-on-the-Lake, 272 F. Supp. 2d 671 (N.D. Ohio 2003). City of Watseka v. Illinois Pub. Action Council, 796 F.2d 1547 (7th Cir. 1986). City regulations often include restrictions that limit the time during which door-to-door activities may occur. For instance, regulations often prohibit uninvited calls that are too early in the morning or too late at night. As with all regulations, time restrictions must be reasonable, affording peddlers and solicitors a reasonable period of time for their activities. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 8 ACORN v. City of Frontenac, 714 F.2d 813 (8th Cir. 1983). Time restrictions should be content neutral (applying to all door-to-door calls and narrowly tailored to fit the city’s interests). Working America v. City of Bloomington, 142 F. Supp. 3d 823 (D. Minn. 2015). A city must be careful not to be so restrictive when establishing permissible hours that the average working person would never be home or available. 2. Place Schneider v. State, 308 U.S. 147, 60 S. Ct. 146 (1939). Cox v. Louisiana, 379 U.S. 536, 85 S. Ct. 453 (1965). Cities can establish provisions that prohibit peddlers and transient merchants from conducting their operations at locations that would be harmful to the community. A common example of a place regulation would be reasonable location restrictions that prevent traffic hazards or interference with movement on streets and sidewalks. 3. Manner Ward v. Rock Against Racism, 491 U.S. 781, 109 S. Ct. 2746 (1989). Cities can also provide reasonable prohibitions on the manner or techniques used by peddlers, solicitors, and transient merchants. Common examples of manner regulations would be to prohibit or restrict the use of: • Whistles • Air horns • Megaphones • Amplifiers • Other loud noise devices • Flashing or strobe lights • Other devices that may be used to attract attention to the merchant, yet would have a demonstrable negative impact on the health, safety, and welfare of the community 4. Alternative methods – door hangers U.S. v. Kokinda, 497 U.S. 720, 110 S. Ct. 3115 (1990). Not all transient merchant activities include face-to-face interactions. An example of “alternative” activities is leaving donation request forms, restaurant menus, or other order forms on a residence’s doorknob or on the windshield of a vehicle. If there is no actual contact with the homeowner, common concerns with solicitors and peddlers (invasion of privacy, fraud, or criminal activity) and the justifications for city regulations diminish. Schneider v. State, 308 U.S. 147, 60 S. Ct. 146 (1939). Section III-F, Modified Green River ordinances. However, the use of door hangers or other leaflets may trigger a city’s authority in regulating the amount of garbage accumulating on city streets and sidewalks. One remedy allows citizens to themselves indicate whether they are willing to entertain these merchants at their residences by posting a sign indicating if they do not want to be disturbed. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 9 D. Licensing—authority Handbook, City Licensing. Section V-C, Applications – background checks. Appendix B: Local Authority-Licensing or Registration. A license is a regulatory device used to ensure compliance with regulations governing a specific occupation, profession, commercial trade, or other activity. The authority to regulate includes the power to establish standards and minimum requirements for meeting those standards. Licensing is typically a formal process with an application, fee, and council or city administration determining whether the applicant meets all licensing requirements. Background checks are common. Licensing is an exercise of police power (protecting and promoting the public welfare). Cities have adequate authority for licensing as long as it is: • Constitutional • Reasonable • Not specifically pre-empted by state or federal regulations Minn. Stat. § 329.10. Minn. Stat. § 329.17. It is unlawful for transient merchants to operate without first obtaining a county-issued license. Failure to obtain a county license, or violation of any licensing requirement, is a gross misdemeanor offense. Minn. Stat. § 412.221, subd. 19. Minn. Stat. § 329.11. Minn. Stat. § 329.15. Minn. Stat. § 437.02. Minnesota cities have authority from statutes and court decisions to regulate peddlers, solicitors, and transient merchants. Statutory cities and counties have the express statutory authority to license and regulate transient merchants, including peddlers and solicitors. Home rule charter cities also have the express authority to regulate these activities (charters themselves often provide specific authority as well). When a county license is required, cities may regulate above and beyond the requirements for county licensure. E. Licensing—exceptions There are several trades or activities that are exempt from local licensing based upon the U.S. Constitution, the Minnesota Constitution, state statute, or judicial decisions. 1. Farm products Minn. Const. art. XIII, § 7. The Minnesota Constitution prohibits the licensing of farmers selling the products cultivated from their own farms. This constitutional exemption would apply to individuals who go door-to-door in a manner typically associated with the normal operations of a peddler. This farm-product exemption also applies to transient merchant operations and prohibits local licensing requirements for those farmers who are operating roadside fruit or vegetable stands. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 10 State v. Hartmann¸ 700 N.W.2d 449 (Minn. 2005). The farm-product exception is limited to products “cultivated” at a farm or garden. In one case, sales of meat were found to be exempt from licensing because the meat was a product of the farm, but not necessary exempt from meat inspection requirements. State ex rel. Mudeking v. Parr, 109 Minn. 147, 123 N.W. 408 (1909). This exception cannot be expanded to exempt all persons who make or produce what they are selling from the city’s licensing requirements. It would not be appropriate, for example, to require peddlers and transient merchants who sell industrially manufactured handbags to obtain a city license but exempt anyone who goes door-to-door selling bags they produced themselves. 2. Other exemptions Minn. Stat. § 329.14. There are additional exemptions to local licensing requirements, including: Excelsior Baking Co. v. City of Northfield, 247 Minn. 387, 77 N.W.2d 188 (1956). • Initial contacts to establish delivery routes for perishables. • Businesses making deliveries on regular routes. • Delivery of newspapers. • Wholesalers making direct sales to retail establishments. • Sales made pursuant to invitation issued by an owner or legal occupant. • A seller or exhibitor in a firearms collection show involving two or more sellers or exhibitors. The general nature of these operations (occurring on a fixed schedule, possibly daily; generally upon occupant’s invitation), significantly reduces the chances that they will become nuisances, injuring the general public. F. Green River ordinances As an alternative to licensing, many municipalities across the country have adopted what is commonly referred to as a “Green River” ordinance, prohibiting the door-to-door activities of most transient salespersons. Town of Green River v. Fuller Brush Co., 65 F.2d 112 (10th Cir. 1933). Town of Green River v. Bunger, 50 Wyo. 52, 58 P.2d 456 (1936). Day v. Klein, 225 Miss. 191, 82 So.2d 831 (1955). The Green River approach (named after the city in which it was first used and upheld by the courts) makes it a nuisance to go onto private property and peddle or solicit orders for goods or merchandise, unless the owner or legal occupant extended an actual or implied invitation to the seller. This approach does not apply to soliciting the sale of personal services or to solicitations at places of business. Violations are misdemeanor offenses and punishable by a fine and possible imprisonment. 77 A.L.R.2d 1216. 35 A.L.R.2d 355. Other usual methods for seeking business remain. The sale of goods is not specifically prohibited, only a particular method or practice. For example, solicitors may still gain access to homes by appointments made by mail, telephone, or email inquiry. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 11 35 A.L.R.2d 355. However, some courts in other jurisdictions have invalidated Green River ordinances when they considered: • The prohibited conduct involves lawful businesses. • Many useful articles cannot be sold except through home solicitations. 77 A.L.R.2d 1216. These ordinances denounce and prohibit the habitual acts of these merchants; a single uninvited act of solicitation or peddling at a private residence may not be found to violate the intent of these ordinances. However, attempting to evade the ordinance by approaching a private residence, only asking for an invitation to come back later to sell or solicit an order for goods, has been found to be a prohibited practice. Vill. of Schaumburg v. Citizens for a Better Env’tt, 444 U.S. 620, 100 S. Ct. 826 (1980). It is doubtful that a Green River ordinance can prohibit constitutionally protected door-to-door advocacy. A common example of such a practice would be an individual engaged in religious-related sales, such as religious literature. G. Licensing vs. Green River State v. Northwest Airlines, 213 Minn. 395, 7 N.W.2d 691 (1942). Breard v. Alexandria, 341 U.S. 622, 71 S. Ct. 920 (1951). Project 80’s, Inc. v. City of Pocatello, 942 F.2d 635 (9th Cir. 1991). While licensing ordinances are a tested and legally sound method of regulation, Minnesota courts have never directly addressed the validity of a Green River ordinance (but there have been indirect indications that these ordinances are valid under the Minnesota Constitution). Although upheld by the U.S. Supreme Court and never expressly overruled, subsequent federal courts had found Green River ordinances to be an unconstitutional restriction on protected speech (including commercial speech) and other state courts have struck down such ordinances for violating rights under state constitutions. H. Modified Green River ordinances There is an additional, alternative method of city action that both regulates the nuisance aspects prohibited by a Green River ordinance and recognizes the benefits of certain door-to-door activities. Martin v. Struthers, 319 U.S. 141, 63 S. Ct. 862 (1943). A modified version of the Green River ordinance authorizes homeowners to prohibit peddlers and solicitors by posting a sign indicating they do not want to be disturbed. It is a misdemeanor offense to violate that declaration. People v. Bohnke, 287 N.Y. 154, 38 N.E. 2d 478 (1941). This type of ordinance applies to solicitors engaged in interstate commerce, as well as to peddlers or solicitors engaging in the sale or distribution of religious materials, because the critical actor (the one creating the prohibition) is the individual property owner or tenant, not the city. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 12 Courts have consistently held the Constitution does not guarantee anyone the right to go freely onto private property for the purpose of any kind of sales or solicitations, irrespective of the owner or occupant’s wishes. Vill. of Schaumburg v. Citizens for a Better Env’t, 444 U.S. 620, 100 S. Ct. 826 (1980). The modified Green River approach, particularly when combined with some manner of city licensing, is probably the most effective means of controlling the problems associated with peddlers and solicitors. Despite concerns over the validity of the standard Green River ordinance, specifically when constitutional rights are involved, it appears more conclusive that an ordinance may prohibit peddling or soliciting when individuals post signs indicating they do not want to be disturbed by sales or solicitations. IV. Constitutional implications Many municipal regulations have been struck down for violating constitutional protections. Most often, challenges to city peddler, solicitor, or transient merchant regulations are based on alleged violations of: • Freedom of speech • Equal protection • Commerce Clause • Freedom of religion Because concerns over these and other constitutional rights are often raised by local regulation of peddlers, solicitors, and transient merchants, courts must balance the rights of these individuals against the government’s interests to protect the citizens’ rights to privacy, prevention of crimes, and avoidance of frauds. A court’s decision often hinges on whether the contested speech benefits commercial or noncommercial purposes. Attempts to regulate individuals going place-to-place, their primary purpose to exercise their constitutional rights, may be a losing battle. A. Freedom of speech U.S. Const. amend. I. Vill. of Schaumburg v. Citizens for a Better Env’t, 444 U.S. 620, 100 S. Ct. 826 (1980). Schneider v. State, 308 U.S. 147, 60 S. Ct. 146 (1939). The First Amendment provides that communications are generally protected from censorship by the government. Social, political, and religious door-to- door canvassing that does not involve the solicitation of money or the sale of goods (a commercial purpose) is among the most protected activities under the First Amendment. State Bd. of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 U.S. 748, 96 S. Ct. 1817 (1976). State v. Century Camera, 309 N.W.2d 735 (Minn. 1981). Commercial speech is also provided with limited protections; protections “commensurate with its subordinate position in the scale of First Amendment values.” This allows for some governmental regulations that would not be permitted if noncommercial speech was involved. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 13 1. Prior restraint A prior restraint is a government attempt, either through a total ban or as a consequence of local licensing, to suppress communications before they can reach the general public. Concerns with prior restraint are demonstrated by the situation where a government official is provided absolute discretion in granting or denying a permit and, ultimately, whether the speech is allowed to occur. Forsyth County v. The Nationalist Movement¸ 505 U.S. 123, 112 S. Ct. 2395 (1992). To avoid claims of unbridled restraint and violations of the individual’s (or organization’s) freedom of speech, the local ordinance must: • Contain narrow, objective, and definite standards used to guide the licensing authority. • Provide limits on the time within which the licensing authority has to make its determination. FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 110 S. Ct. 596 (1990). The U.S. Supreme Court has considered the lack of such basic requirements “evils that will not be tolerated.” 2. Commercial speech State Bd. of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 U.S. 748, 96 S. Ct. 1817 (1976). Commercial speech typically does no more than propose a business transaction. As distinguished from religious, political, or social speech, where the dialogue may include the sharing of a viewpoint on an issue, commercial forms of expression generally relate to economic interests. Limited First Amendment protections have been extended to speech that “does no more than propose a commercial transaction.” Cent. Hudson Gas & Elec. Corp. v. Pub. Serv. Comm., 447 U.S. 557, 100 S. Ct. 2343 (1980). Regulations on commercial speech are subject to a four-part test: • Is the proposed activity protected by the First Amendment to the extent that it concerns lawful activity and is not misleading? The First Amendment does not protect false or misleading commercial speech. • Are the asserted governmental interests substantial? A local government’s interests in privacy, crime prevention, and fraud are usually considered sufficient “substantial interests.” • Does the regulation directly advance the asserted governmental interests? If the purpose of the regulation is to prohibit fraud, there must be a link between that regulation and the prevention of fraud, not mere happenstance. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 14 • Is the regulation not more extensive than necessary to serve those interests? While court decisions indicate use of the least restrictive means to achieve the government’s interest, the absolutely least severe restriction possible is not required. If the ordinance fails this four-part test, it is more likely a violation of the merchant’s freedom of speech. 3. Non-commercial speech Non-commercial speech occurs in many forms. Often, it is the exercise of First Amendment rights by sharing religious or political information during doorstep conversations or distributing door hangers, flyers, and other written materials. Cities generally cannot require all religious, social, or political solicitors to obtain a license or register when the primary purpose behind their activities is to share a viewpoint. Despite the ideological or constitutional differences between commercial and non-commercial conduct, many homeowners don’t value or draw such distinctions. A person who does not want to be disturbed by salespeople may also find charitable canvassing a nuisance. Additionally, some “non- commercial” speech is fraudulent or criminal in purpose. Cities have difficulties when non-commercial solicitors are, to some degree, also engaging in commercial activity (selling candy bars, raffle tickets, or religious publications). In the past, local regulations and the courts have examined specific conduct to determine if: • The activity is primarily commercial in nature and subject to local regulations on peddlers, solicitors, or transient merchants. • The sale is secondary to the expression of a belief or position and falls within constitutional protections and outside certain local regulations. 77 A.L.R.2d 1216. Vill. of Schaumburg v. Citizens for a Better Env’t, 444 U.S. 620, 100 S. Ct. 826 (1980). Local regulations have been upheld when they apply only to transactions of a commercial nature and distinguish, for example, the evangelist selling or taking orders for materials that support or further his beliefs. From a practical and conservative perspective, non-commercial advocacy is often peppered with some level of commercial activity. Often, despite the incidental commercial activities involved, the entire “speech” is generally protected. Riley v. Nat’l Fed’n of the Blind, 487 U.S. 781, 108 S. Ct. 2667 (1988). Regulations that apply to non-commercial door-to-door solicitations must be narrowly drafted to meet the legitimate interests of the city and not significantly prohibit otherwise protected activities. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 15 B. Equal protection U.S. Const. amend. XIV. Minn. Const. art. I, § 2. The Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution provides that no state shall deny to any person within its jurisdiction the equal protection of its laws. This protection is additionally reinforced under the Minnesota Constitution. A local government cannot generally favor one group over another. Equal protection concerns arise when: • Local regulations treat in-state (“locals”) different than out-of-state merchants. • City-based merchants are treated differently than other in-state businesspeople. • Within general definitions for peddlers, solicitors, or transient merchants, groups of merchants are distinguished from one another. • Local regulations specifically allow the door-to-door or transient sale of one type of product or service but prohibit the similar sale of another. 112 A.L.R. 63. Kalra v. State of Minnesota, 580 F. Supp. 971 (D. Minn. 1983). State statutes or city ordinances that discriminate against non-residents by refusing to grant them a license (or grant licenses on different terms) are generally unconstitutional. The courts have indicated non-citizens also fall within the coverage of the equal protection clause. State ex rel. Greenwood v. Nolan, 108 Minn. 170, 122 N.W. 255 (1909). Minnesota courts invalidated a city ordinance that discriminated between resident and nonresident peddlers since such restrictions denied nonresidents the privileges enjoyed by resident citizens. 94 A.L.R. 1076. State v. Schmidt, 280 Minn. 281, 159 N.W.2d 113 (1968). Regulations that apply only to nonresidents are likely void. For example, an ordinance requiring a transient merchant from outside the county to post a bond was invalidated because it violated the non-resident’s equal protection rights. That court would not follow the assumption that salespersons living within the county were solvent and financially responsible, but individuals residing elsewhere would not satisfy a possible civil judgment. Cantwell v. Connecticut, 310 U.S. 296, 60 S. Ct. 900 (1940). Cities should be able to provide for their community’s general welfare without invading an individual’s rights. Unless there is a clear, definable grounds for making a distinction (an almost certain adverse impact to the public), such divisions are not permissible. C. Commerce Clause U.S. Const. art. 1, § 8, cl. 3. City of Waseca v. Braun, 206 Minn. 154, 288 N.W. 229 (1939). The Commerce Clause of the U.S. Constitution provides Congress with the exclusive authority to regulate trade between the states. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 16 This provision both: (1) grants the federal government a tremendous amount of authority over what would otherwise be local issues; and (2) limits what cities may do when their regulations might affect the movement of goods between states. The Commerce Clause substantially impacts the regulation of itinerant salespersons by local governments. C & A Carbone, Inc. v. Town of Clarkstown, 511 U.S. 383, 114 S. Ct. 1677 (1994). Bacchus Imports, Ltd. v. Dias, 468 U.S. 263, 104 S. Ct. 3049 (1984). The Commerce Clause prohibits state and local laws that promote local economic protection. An ordinance may establish local protectionism because of either a discriminatory purpose or discriminatory effect. The U.S. Supreme Court has invalided regulations that: Ward v. Maryland, 79 U.S. 418 (1870). • Required only nonresident merchants to obtain licenses. • Charged higher fees to nonresidents. • Prohibited merchants from using nonresidents as salespersons. These decisions are based in part upon the belief that the government may not prevent someone from traveling state-to-state to earn a living. Oregon Waste Sys. Inc. v. Dept. of Envtl. Quality of the State of Or., 511 U.S. 93, 114 S. Ct. 1345 (1994). State v. Schmidt, 280 Minn. 281, 159 N.W.2d 113 (1968). A local regulation is discriminatory if it provides different treatment to in- state and out-of-state economic interests, benefiting the former and burdening the later. Restrictions that discriminate on interstate commerce are virtually per se invalid. For example, just as with equal protection challenges, a city ordinance that only required nonresident transient merchants to post a bond was an unreasonable burden on interstate commerce and unconstitutional. State v. Schmidt, 280 Minn. 281, 159 N.W.2d 113 (1968). Courts have held that formal licensing procedures and fees for solicitors, involved in interstate commerce (orders delivered from a different state at a later time) amount to an undue burden on commerce and violate the U.S. Constitution. Since residents and non-residents must be treated equally under the law, a prohibition on regulating out-of-state merchants creates a situation where in-state merchants may not be licensed as well. Wagner v. Covington, 251 U.S. 95, 40 S. Ct. 93 (1919). Peddlers and transient merchants have their goods within the state before the commercial transaction begins. Because of this, cities that license these classifications are not affecting interstate commerce. D. Freedom of religion U.S. Const. amend. I. Minn. Const. art. I, § 16. Freedom of religion is a constitutionally-protected right under the First Amendment of the U.S. Constitution and the Minnesota Constitution. Int’l Soc’y for Krishna Consciousness v. City of Houston, 689 F.2d 541 (5th Cir. 1982). Various forms of conduct can fall within an individual’s freedom of religion, from pure speech, the sale of religious materials, or the request for donations. Cities must use caution when attempting to regulate religious solicitors because of their First Amendment rights to free speech and the free exercise of religion. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 17 Watchtower Bible & Tract Soc’y of New York, Inc. v. Village of Stratton, 536 U.S. 150, 122 S. Ct. 2080 (2002). Cities are prohibited from even registering individuals going from place to place to exercise their constitutional rights to freedom of speech and freedom of religion. In one case, the city required all solicitors to register and obtain a permit from the mayor’s office before entering private property to promote any cause. The Court held that a licensing requirement for social, political, and religious door-to-door canvassing would inhibit the free exercise of a person’s right to express ideas or solicit support anonymously or spontaneously. City regulations must be narrowly tailored to meet their purpose of protecting city residents from crimes and fraud but cannot overreach and significantly burden noncommercial solicitors and their advocacy. It is unclear how far cities may go when constitutional rights and commercial activity intermingle. Of particular concern is the situation where professional fundraisers are used on behalf of a nonprofit, religious, or similar organization. Buckley v. Am. Constitutional Law Found., Inc., 525 U.S. 182, 119 S. Ct. 636 (1999). ACORN v. Golden, Colorado, 744 F. 2d 739 (10th Cir. 1984). While cities have taken different approaches in policing the activities of non-commercial advocates, a conservative approach is practicable. These types of solicitors should not be required to obtain a license; cities should probably not be requiring non-commercial advocates to register. Mandatory background checks are likely impermissible for non-commercial door-to- door activities; identification requirements for noncommercial activists have also been invalided. City regulations—requiring licensing, permitting, or registration for the dissemination of ideas—will be considered inherently suspect. V. Local regulations Apart from the Green River approach, a licensing ordinance is by far the most common method used to attempt to control the activities of peddlers, solicitors, and transient sellers. A. City ordinances Handbook, Meetings, Motions, Resolutions, and Ordinances. Hanson v. City of Granite Falls, 529 N.W.2d 485 (Minn. Ct. App. 1995). The decision to regulate people or property, and to provide penalties for any violations, should be adopted by city ordinance. As a result, the council must pass, in ordinance form, all police regulations for public health, morals, economic well-being, welfare, and safety. Ordinance regulations apply generally within the city and are permanent and continuing in nature. Holt v. City of Sauk Rapids, 559 N.W.2d 444 (Minn. Ct. App. 1997). Ordinances, particularly when regulating peddlers, solicitors, and transient merchants, must be consistent with the constitutions and statutes of the United States and Minnesota. An ordinance must not limit or deny any common law or constitutional rights, or unreasonably restrain trade. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 18 Press v. City of Minneapolis, 553 N.W.2d 80 (Minn. Ct. App. 1996). An ordinance must not be unconstitutionally vague. Ordinances must be reasonably certain in their terms and set forth objective standards, providing adequate notice of what is required and/or prohibited. Ordinances establish the process for granting and issuing licenses. Peddlers, Solicitors and Transient Merchants, LMC Model Ordinance. Although form varies from city to city, most peddler, solicitor, and transient merchant ordinances provide: • Definitions • Exceptions • Licensing requirements and exemptions • License ineligibility • Suspension/revocation procedures • Transferability • Registration • Prohibited activities • Exclusion by placard (modified Green River) City of St. Paul v. Briggs, 85 Minn. 290, 88 N.W. 984 (1902). Excelsior Baking Co. v. City of Northfield, 247 Minn. 387, 77 N.W.2d 188 (1956). State ex rel. Mudeking v. Parr, 109 Minn. 147, 123 N.W. 408 (1909). The ordinance must specifically mention and define each term used for the purpose of the local regulation. The courts have been strict in their definitions of what type of activity constitutes a particular type of business practice. This is particularly important since there are legal distinctions between the terms “peddler,” “solicitor,” “canvasser,” and “transient merchant.” Peddlers, Solicitors and Transient Merchants, LMC Model Ordinance. A licensing ordinance should be complete and detailed. The ordinance provides the authority and procedures for: • Applying for the license. • The term of the license. • Required qualifications of the license applicant. • Bond and insurance requirements (if applicable). • The possible reasons for denial, revocation, or suspension of the license. • Transferability of the license. • Any other limitations or applicable city regulations. The ordinance should place specific time limits within which the decision- maker must issue the license or permit, and establish specific criteria used to determine whether to grant a license or permit. An ordinance should list some specific reasons for which an applicant could be denied a city license. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 19 B. Licenses in general Handbook, City Licensing. The city council’s authority to grant or refuse a license varies with the nature of the business or activity. On one hand, there are licenses (more appropriately considered a permit) available to anyone who applies, pays the required fee, and meets any basic conditions specified by city ordinance. When the applicant has complied with the requirements, the city must issue the license. Except for determining whether an applicant satisfies the basic, pre-existing written requirements, council or staff discretion is largely removed from the process. 54 A.L.R 1104. 92 A.L.R. 400. On the other hand is a city licensing system where, based on the potential abuses and in lieu of prohibiting the activity altogether, more extensive qualifications on license eligibility or on the business operations are weighed before a license is granted. A licensing ordinance is a tested and legally- sound method of regulation. Although more leeway is provided under this method, a city council cannot be given uncontrolled discretion in granting a license based on the character of the applicant, the nature of the organization, or the general welfare of the community. Section V-D, Fees. 9 McQuillin, Municipal Corporations § 26.11. When a license is required, it must be obtained before sales begin and should be issued in the names of those persons who actually will be engaged in the peddling. Ordinances need to be specific and should prohibit the transfer of licenses from person to person. Fees need to be reasonable. Preference cannot be given to resident vendors over non-residents. Once issued, individuals have an interest in the license and the ability to conduct their door-to-door activities. When a license comes up for renewal, the licensee is in the same position as any other applicant unless a statute, charter, or local ordinance provides otherwise. Minn. Stat. § 329.15. Gifford v. Wiggins, 50 Minn. 401, 52 N.W. 904 (1892). Despite specific statutory authority that would seem to indicate otherwise, cities cannot prohibit the sale of some items but permit the sale of others, unless the prohibited items have some adverse effect on the public health, morals, safety or general welfare and even then, it may be difficult for the city to prove such detriment. C. Applications—background checks Minn. Stat. ch. 13. LMC information memo, Data Practices: Analyze Classify & Respond. It is important for cities to consider the form of their peddler or transient merchant license applications. The information provided and the background checks that are authorized will be the means by which a city obtains all the information on which they will make their licensing determinations. Cities need to ensure they comply with the requirements of the Minnesota Government Data Practices Act in the collection and maintenance of such information. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 20 Handbook, City Licensing. The ordinance gives authority and guidance on the procedural matters involved. An ordinance should provide: • Who investigates the applicants. • Who decides whether an applicant is qualified. • What procedural rights exist in the case of denial, suspension, or revocation. When background checks are a required part of the process, there must be a demonstrable link between the inquiry and the ultimate goal of crime and fraud prevention and other general safety concerns. It is a good idea to make findings (statements of fact) when adopting the ordinance, establishing the crime and fraud problems requiring this action, and ensuring that the background check’s results are considered when making licensing decisions. Peddlers, Solicitors and Transient Merchants, LMC Model Ordinance. With city licensing, time is always of the essence. Licenses should be issued as soon as reasonably possible, considering that applicant review takes time. To balance city and applicant needs, an ordinance should provide: • The actual amount of time city staff has to determine if the submitted application was completed in full (two days). • Licenses will be issued or denied within a specific period of time (within 10 regular business days). • Rights to appeal the decision, either through city or district court, within so many days of receipt of written denial (20 days of receipt). The timeframes provided should be clearly established within the ordinance and followed by city staff and elected officials. Handbook, City Licensing. The background check determines whether an applicant can satisfy the personal requirements for obtaining a peddler or transient merchant’s license. Disqualifying factors could include: Peddlers, Solicitors and Transient Merchants, LMC Model Ordinance. • Failure to obtain a county license (when applicable). • Application was not completed truthfully. • Applicant has a record of criminal convictions related to the sale of goods, such as larceny, theft, or fraud. • Revocation of license elsewhere. • Bad business reputation. The prerequisites used must be valid, applied consistently, and able to withstand challenge. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 21 D. Fees Watters v. People of State of Michigan, 248 U.S. 65, 39 S. Ct. 29 (1918). Northeast Ohio Coalition for the Homeless v. City of Cleveland, 105 F.3d 1107 (6th Cir. 1997). Whenever a city requires a license, it may also require a license fee. A license fee imposed on all peddlers (regardless of the source and nature of the products they peddle) can be a content neutral, constitutionally permissible time, place, and manner regulation as long as the purpose of charging the fee is limited to defraying the expenses incurred for regulating the activity. Watchtower Bible & Tract Soc’y of New York, Inc. v. Village of Stratton, 536 U.S. 150, 122 S. Ct. 2080 (2002). While permit or license fees probably cannot be charged for commercial and non-commercial door-to-door solicitors, cities may charge a fee to most peddlers and transient merchants. Cities often utilize a fee schedule to establish the fees for all city-issued licenses. By removing specific dollar amounts from specific ordinances and referencing a fee schedule, the city can pass one ordinance adopting the new fee schedule each time it changes a fee. Orr v. City of Rochester, 193 Minn. 371, 258 N.W. 569 (1935). State v. Redmon, 43 Minn. 250, 45 N.W. 232 (1890). Licensing should not be viewed as a significant source of revenue. A license fee should approximate the direct and indirect costs associated with issuing the license and policing the licensed activities. License fees that significantly exceed city costs are generally considered to be taxes the city does not have the authority to enact. A license fee may not be so high as to produce any substantial revenue beyond what it actually costs to issue the license and to supervise, inspect, and regulate the licensed business. Establishing licensing fees by simply comparing fees imposed by other cities can be problematic. The reasonable character of a particular fee depends on the kind of business, the amount of inspection and regulation, the current value of the dollar, and other inherently local factors—all of which can vary greatly by location. If the city fee is large enough to cover more than the cost of issuing the license and all city licenses expire on the same day, it may want to consider providing a pro rata fee system for those who get or give up licenses during the year. E. Bonds A bond is similar to an insurance policy. If a merchant fails to comply with city regulations or uphold his or her guarantees, an injured party may be entitled to recover funds secured by the bond. The benefit of requiring the posting of a bond before door-to-door or transient operations are allowed may appear obvious in theory but is more problematic in practice. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 22 Larson v. City of Shelton, 37 Wash.2d 481, 224 P.2d 1067 (1950). Bonding requirements for commercial activities may be used to ensure compliance with city standards, and to protect the public from fraud and other crimes. The protection of the public is an obvious reason for states and cities to require peddlers to post a bond to obtain a license or permit. These merchants are often here today and gone tomorrow. Unless a bond or deposit is required, local residents will have no remedy if fraud occurs. A.G. Op. 59a-32 (Jan. 13, 1961). A city considering including a bonding requirement must proceed with caution. Bonding requirements for non-commercial activities will likely be deemed unconstitutional if challenged. A bond may violate the Equal Protection Clause or the Commerce Clause if not imposed evenhandedly and a city cannot properly require a solicitor to post a bond. Finally, the required bond amounts should not be excessive in regard to the activity being regulated. F. Denying license State ex rel. Cook v. Bates, 101 Minn. 301, 112 N.W. 67 (1907). Where a Minnesota city has the power to regulate, it exercises the authority and considerable discretion to decide what restraints will be imposed. For operations that are nothing more than a fraudulent attempt to trap the unsuspecting or the unwary, a consequence of city regulations may be to prohibit those activities altogether. Grounds for denying a license may include: • A material misrepresentation in the application. • An applicant with “poor” moral character. • Circumstances where granting the license would harm the safety, health, morals, and general welfare of the community. Handbook, City Licensing. A licensing ordinance doesn’t generally need to specifically define terms such as “good moral character” or “professional misconduct”. However, a city cannot generally disqualify someone from a licensed occupation, including peddling or transient sales, based solely upon a prior criminal conviction. A prior conviction must directly relate to the occupation for which the person is seeking the license. A city should also consider the time elapsed since the conviction when determining whether it justifies a denial. G. Registration As a less intrusive option, cities can, as an alternative to a full licensing process, require all peddlers and transient merchants to register with the city prior to beginning their operations. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 23 Registration is a process that involves recording a person’s name and all other information necessary to ensure the good faith and conduct of the registrant. With registration, there are no approvals or denials, and no fees or background checks. The process should only take a few minutes, rather than the days involved with licensing. It is likely that a city may also require commercial solicitors to register prior to their door-to-door activities; registration alone should not have any impact on interstate commerce. This authority probably cannot extend to non- commercial operations (circumstances where an individual’s primary or sole purpose for going door-to-door is to further social, political, or religious beliefs) or where commercial profit, if present, is a secondary concern. VI. Suggestions The regulation of these profit and nonprofit activities is subject to ever- evolving legal interpretations. What may be a relatively safe and settled regulation today can change with a single decision from the U.S. or Minnesota Supreme Courts. Unfortunately, these new decisions don’t always clearly uphold or reverse prior decisions, leaving this area of law sometimes even more unsettled. Accordingly, Minnesota cities considering adopting or amending a city ordinance that regulates the activities of peddlers, solicitors and other transient merchants should work with their city attorney to ensure their regulations comply with all current legal requirements. From an intentionally conservative approach, a city should keep these basic ideas in mind when considering regulating peddlers, solicitors (both commercial and non-commercial), or other transient merchant and their activities: • Do nothing. • Adopt a Green River ordinance and prohibit most commercial door-to- door and transient activities. • Adopt a modified Green River ordinance, either alone or as part of a larger city licensing or regulatory ordinance, allowing residents to decide if they want to create a blanket prohibition for door-to-door advocacy on their property. • License peddlers and transient merchants. • Register peddlers, transient merchants, and commercial solicitors. • When activities concern non-commercial social, political, or religious advocates, the city may not be able to license or register. RELEVANT LINKS: League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 24 Because this can become a highly litigated (and potentially costly) concern, and because there is the potential risk for violating constitutional protections, cities need to involve their city attorney before adopting or revising any municipal regulation that affects peddlers, solicitors, and transient merchants. League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 25 Appendix A: Local Authority – Regulations or Prohibitions This chart provides a basic summary of the general authority cities have in regulating or prohibiting door-to-door or transient activities. As this area of law is subject to change, a city should consult its city attorney when establishing (or reviewing) local regulations. Classification Can City Regulate? Can City Prohibit? Can Resident Prohibit? Peddlers, Solicitors, & Transient Merchants (For-Profit Activities)  ?  Cities have significant authority to regulate the activities of peddlers, solicitors, and transient merchants—from licensing or registration requirements for most peddler or transient operations, to establishing time, place, and manner restrictions on all operations. While our courts have never determined the validity of a Green River ordinance (prohibiting all transient activities) as applied specifically to the Minnesota Constitution (likely to be upheld), a total prohibition could conflict with particular provisions of the U.S. Constitution, such as freedom of speech or the regulation of interstate commerce. Additionally, a city can adopt a modified Green River ordinance, where residents, through their posting of notice, individually determine if peddlers or solicitors are welcome. Canvassers (Non-Commercial Door-to-Door Activities)  No*  While non-commercial door-to-door activities fall under various constitutional protections, cities have the ability to establish reasonable time, place, and manner restrictions on their operations; regulations that do not, in purpose or practice, prohibit those activities from occurring. These protections will still apply to sales that are “secondary” to the primary, constitutionally-protected rights of free speech, freedom of religion, etc. If a Green River ordinance is adopted, its general prohibition on transient or door-to-door activities probably cannot be applied to individuals going door-to-door exercising their constitutional rights. While a city would have the general authority to prohibit purely fraudulent canvassing activities, that would, in practice, occur more on a case-by-case basis and not through specific ordinance prohibitions. However, a modified Green River, with the resident, and not the government, regulating speech would most likely apply to commercial and non-commercial activities. League of Minnesota Cities Information Memo: 11/9/2023 Regulating Peddlers, Solicitors, and Transient Merchants Page 26 Appendix B: Local Authority - Licensing or Registration This chart provides a summary of the general authority cities have in regulating door-to-door or transient activities. As it is often difficult to classify actual conduct into only one of these classifications, a city should consult its city attorney when such specific assistance is needed. Classification Can City Require License? Can City Require Registration? Peddlers   *While most peddlers are subject to a city’s licensing or registration requirements, there are trades or activities that are exempt from local licensing. See Part III – E - Licensing – exemptions. Solicitors (For-Profit Operations) No  *Licensing of for-profit solicitors brings up equal protection and interstate commerce concerns. See Part II – B – Solicitors and canvassers. Transient Merchants   *Most transient merchants are subject to city licensing or registrations. However, there are activities (i.e. produce stands) that may be exempt from local licensing. See Part III – E - Licensing – exemptions. Canvassers (Not-for-Profit Solicitations) No No *The licensing and/or registering of religious, political, or other non-profit canvassers impacts constitutional rights (freedom of speech, freedom of religion, etc.). See Part IV - Constitutional implications. League of Minnesota Cities Model Ordinance: 11/9/2023 Peddlers, Solicitors, and Transient Merchants Page 1 Peddlers, Solicitors, and Transient Merchants, LMC Model Ordinance League staff thoughtfully develops models for your city’s consideration. Models should be customized as appropriate for an individual city’s circumstances in consultation with the city’s attorney. Helpful background information on this model may be found in the Information Memo, “Regulating Peddlers, Solicitors, and Transient Merchants.” ORDINANCE NO. _____ AN ORDINANCE REGULATING THE CONDUCT OF PEDDLERS, SOLICITIORS, AND TRANSIENT MERCHANTS WITHIN THE CITY OF _____, MINNESOTA. The City Council of _____, Minnesota ordains: SECTION 1. DEFINITIONS. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. NON-COMMERICAL DOOR-TO-DOOR ADVOCATE. A person who goes door-to- door for the primary purpose of disseminating religious, political, social, or other ideological beliefs. For purpose of this ordinance, the term door-to-door advocate shall fall under the term solicitor and include door-to-door canvassing and pamphleteering intended for non-commercial purposes. PEDDLER. A person who goes from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place movement, for the purpose of offering for sale, displaying for exposing for sale, selling or attempting to sell, and delivering immediately upon sale, the goods, wares, products, merchandise, or other personnel property that the person is carrying or otherwise transporting. For purpose of this ordinance, the term peddler shall have the same common meaning as the term hawker. PERSON. Any natural individual, group, organization, corporation, partnership, or similar association. REGULAR BUSINESS DAY. Any day during which the city hall is normally open for the purpose of conducting public business. Holidays defined by state law shall not be considered regular business days. SOLICITOR. A person who goes from house-to-house, door-to-door, business-to- business, street-to-street, or any other type of place-to-place movement, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property, or services of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person’s activity is to obtain or attempt to obtain orders as discussed above. For purposes of this ordinance, the term solicitor shall have the same meaning as the term canvasser. TRANSIENT MERCHANT. A person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering goods, wares, products, Agenda Attachment: 7a2. League of Minnesota Cities Model Ordinance: 11/9/2023 Peddlers, Solicitors, and Transient Merchants Page 2 merchandise, or other personal property and who does not remain in any one location for more than fourteen (14) consecutive days. SECTION 2. EXCEPTIONS TO DEFINITIONS. For the purpose of this chapter, the terms PEDDLER, SOLICITOR, and TRANSIENT MERCHANT shall not apply to: (A) Non-commercial door-to-door advocates. Nothing within this ordinance shall be interpreted to prohibit or restrict non-commercial door-to-door advocates. Person engaging in non-commercial door-to-door advocacy shall not be required to register as a solicitor under Section 7. (B) Any person selling or attempting to sell at wholesale any goods, wares, products, merchandise, or other personal property to a retail seller of the items being sold by the wholesaler. (C) Any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products, such as baked goods or milk. (D) Any person making deliveries of perishable food and dairy products to the customers on his or her established delivery route. (E) Any person making deliveries of newspapers, newsletters, or other similar publications on an established customer delivery route, when attempting to establish a regular delivery route, or when publications are delivered to the community at large. (F) Any person conducting the type of sale commonly known as garage sales, rummage sales, or estate sales. (G) Any person participating in an organized multi-person bazaar or flea market. (H) Any person conducting an auction as a properly licensed auctioneer. (I) Any officer of the court conducting a court-ordered sale. Exemption from these definitions shall not, for the scope of this chapter, excuse any person from complying with any other applicable statutory provision or requirement provided by another city ordinance. SECTION 3. LICENSING; EXEMPTIONS. (A) County license required. No person shall conduct business as a peddler, solicitor, or transient merchant within the city limits without first having obtained the appropriate license from the county as may be required by Minnesota Statutes Chapter 329 as it may be amended from time to time, if the county issues a license for the activity. (B) City license required. Except as otherwise provided for by this ordinance, no person shall conduct business within this jurisdiction as a peddler or a transient merchant without first obtaining a city license. Solicitors need not be licensed, but are required to register with the city pursuant to Section 7. (C) Application. An application for a city license to conduct business as a peddler or transient merchant shall be made at least fourteen (14) regular business days before the applicant desires to begin conducting a business operation within the city. Application for a license shall be made on a form approved by the City Council and available from the office of the city clerk. All applications shall be signed by the applicant. All applications shall include the following information: (1) The applicant’s full legal name. League of Minnesota Cities Model Ordinance: 11/9/2023 Peddlers, Solicitors, and Transient Merchants Page 3 (2) Any and all other names under which the applicant has or does conduct business, or to which the applicant will officially answer to. (3) A physical description of the applicant (hair color, eye color, height, weight, any distinguishing marks or features, and the like). (4) Full address of applicant’s permanent residence. (5) Telephone number of applicant’s permanent residence. (6) Full legal name of any and all business operations owned, managed, or operated by applicant, or for which the applicant is an employee or an agent. (7) Full address of applicant’s regular place of business, if any exists. (8) Any and all business-related telephone numbers of the applicant, including cellular phones and facsimile (fax) machines. (9) The type of business for which the applicant is applying for a license. (10) Whether the applicant is applying for an annual or daily license. (11) The dates during which the applicant intends to conduct business. If the applicant is applying for a daily license, the number of days he or she will be conducting business within the city, with a maximum of fourteen (14) consecutive days. (12) Any and all addresses and telephone numbers where the applicant can be reached while conducting business within the city, including the location where a transient merchant intends to set up his or her business. (13) A statement as to whether or not the applicant has been convicted with the last five (5) years of any felony, gross misdemeanor or misdemeanor for violating any state or federal statute or any local ordinance, other than minor traffic offenses. (14) A list of the three (3) most recent locations where the applicant has conducted business as a peddler or transient merchant. (15) Proof of any required county license. (16) Written permission of the property owner or the property owner’s agent for any location to be used by a transient merchant. (17) A general description of the items to be sold or services to be provided. (18) Any and all additional information as may be deemed necessary by the City Council. (19) The applicant’s driver’s license number or other acceptable form of identification. (20) The license plate number, registration information, vehicle identification number (VIN) and physical description for any vehicle to be used in conjunction with the licensed business operation. (D) Fee. All applications for a license under this chapter shall be accompanied by the fee established in the city licensing fee schedule as it may be amended from time to time. (E) Procedure. Upon receipt of the application and payment of the license fee, the city clerk will, within two (2) regular business days, determine if the application is complete. An application will be considered complete if all required information is provided. If the city clerk determines that the application is incomplete, the city clerk must inform the applicant of the required, necessary information that is missing. If the application is complete, the city clerk must order any investigation, including background checks, necessary to verify the information provided with the application. Within ten (10) regular business days of receiving a complete application the city clerk must issue the license unless grounds exist for denying the license League of Minnesota Cities Model Ordinance: 11/9/2023 Peddlers, Solicitors, and Transient Merchants Page 4 application under Section 4, in which case the clerk must deny the request for a city peddler or transient merchant license. If the city clerk denies the license application, the applicant must be notified in writing of the decision, the reason for denial and the applicant’s right to appeal the denial by requesting, within twenty (20) days of receiving notice of rejection, a public hearing before the City Council. The City Council shall hear the appeal with twenty (20) days of the date of the request for a hearing. The decision of the City Council following the public hearing can be appealed by petitioning the Minnesota Court of Appeals for a writ of certiorari. (F) Duration. An annual license granted under this ordinance shall be valid for one calendar year from the date of issuance. All other licenses granted to peddlers and transient merchants under this ordinance shall be valid only during the time period indicated on the license. (G) License exemptions. (1) No license shall be required for any person to sell or attempt to sell, or to take or attempt to take orders for, any product grown, produced, cultivated, or raised on any farm. (2) No license shall be required for any person going from house-to-house, door-to- door, business-to-business, street-to-street, or any other type of place-to-place movement for the primary purpose of exercising that person’s state or federal constitutional rights such as the freedom of speech, freedom of the press, freedom of religion, and the like. This exemption will not apply if the person’s exercise of constitutional rights is merely incidental to what would properly be considered a commercial activity. SECTION 4. LICENSE INELIGIBILITY. The following shall be grounds for denying a peddler or transient merchant license: (A) The failure of an applicant to obtain and demonstrate proof of having obtained any required county license. (B) The failure of an applicant to truthfully provide any information requested by the city as part of the application process. (C) The failure of an applicant to sign the license application. (D) The failure of an applicant to pay the required fee at the time of application. (E) A conviction with the past five (5) years of the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person’s ability to conduct the business for which the license is being sought in a professional, honest and legal manner. Such violations shall include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person. (F) The revocation with the past five (5) years of any license issued to an applicant for the purpose of conducting business as a peddler, solicitor, or transient merchant. (G) When an applicant has a bad business reputation. Evidence of a bad business reputation shall include, but is not limited to, the existence of more than three (3) complaints against an applicant with the Better Business Bureau, the Office of the Minnesota Attorney General or other state attorney general’s office, or other similar business or consumer rights office or agency, with the preceding twelve (12) months, or three (3) complaints filed with the city against an applicant within the preceding five (5) years. League of Minnesota Cities Model Ordinance: 11/9/2023 Peddlers, Solicitors, and Transient Merchants Page 5 SECTION 5. LICENSE SUPENSION AND REVOCATION (A) Generally. Any license issued under this section may be suspended or revoked at the discretion of the City Council for violation of any of the following: (1) Subsequent knowledge by the city of fraud, misrepresentation or incorrect statements provided by an applicant on the application form. (2) Fraud, misrepresentation or false statements made during the course of the licensed activity. (3) Subsequent conviction of any offense to which the granting of the license could have been denied under Section 4. (4) Engaging in any prohibited activity as provided under Section 8 of this ordinance. (5) Violation of any other provision of this ordinance. (B) Multiple persons under one license. The suspension or revocation of any license issued for the purpose of authorizing multiple persons to conduct business as peddlers or transient merchants on behalf of the licensee shall serve as a suspension or revocation of each authorized person’s authority to conduct business as a peddler or transient merchant on behalf of the licensee whose license is suspended or revoked. (C) Notice. Prior to revoking or suspending any license issued under this chapter, the city shall provide a license holder with written notice of the alleged violations and inform the licensee of his or her right to a hearing on the alleged violation. Notice shall be delivered in person or by mail to the permanent residential address listed on the license application, of if no residential address is listed, to the business address provided on the license application. (D) Public Hearing. Upon receiving the notice provided in part (C) of this section, the licensee shall have the right to request a public hearing. If no request for a hearing is received by the city clerk within ten (10) days following the service of the notice, the city may proceed with the suspension or revocation. For the purpose of a mailed notice, service shall be considered complete as of the date the notice is placed in the mail. If a public hearing is requested within the stated time frame, a hearing shall be scheduled within twenty (20) days from the date of the request for the public hearing. Within three (3) regular business days of the hearing, the City Council shall notify the licensee of its decision. (E) Emergency. If, in the discretion of the City Council, imminent harm to the health or safety of the public may occur because of the actions of a peddler or transient merchant licensed under this ordinance, the City Council may immediately suspend the person’s license and provide notice of the right to hold a subsequent public hearing as prescribed in part (C) of this section. (F) Appeal. Any person whose license is suspended or revoked under this section shall have the right to appeal that decision in court. SECTION 6. LICENSE TRANSFERABILITY. No license issued under this chapter shall be transferred to any person other than the person to whom the license was issued. SECTION 7. REGISTRATION. (A) All solicitors and any person exempt from the licensing requirements of this ordinance under Section 3 shall be required to register with the city prior to engaging in those activities. Registration shall be made on the same form required for a license application, but no League of Minnesota Cities Model Ordinance: 11/9/2023 Peddlers, Solicitors, and Transient Merchants Page 6 fee shall be required. Immediately upon completion of the registration form, the city clerk shall issue to the registrant a certificate of registration as proof of the registration. Certificates of registration shall be non-transferrable. (B) Individuals that will be engaging in non-commercial door-to-door advocacy shall not be required to register. SECTION 8. PROHIBITED ACTIVITIES. No peddler, solicitor, transient merchant, non-commercial door-to-door advocate, or other person engaged in other similar activities shall conduct business in any of the following manner: (A) Calling attention to his or her business or the items to be sold by means of blowing any horn or whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably audible within an enclosed structure. (B) Obstructing the free flow of traffic, either vehicular or pedestrian, on any street, sidewalk, alleyway, or other public right-of-way. (C) Conducting business in a way as to create a threat to the health, safety, and welfare of any specific individual or the general public. (D) Conducting business before 8 a.m. or after 9 p.m. (E) Failing to provide proof of license, or registration, and identification when requested. (F) Using the license or registration of another person. (G) Alleging false or misleading statements about the products or services being sold, including untrue statements of endorsement. No peddler, solicitor, or transient merchant shall claim to have the endorsement of the city solely based on the city having issued a license or certificate of registration to that person. (H) Remaining on the property of another when requested to leave. (I) Otherwise operating their business in any manner that a reasonable person would find obscene, threatening, intimidating or abusive. SECTION 9. EXCLUSION BY PLACARD. Unless specifically invited by the property owner or tenant, no peddler, solicitor, transient merchant, non-commercial door-to-door advocate, or other person engaged in other similar activities shall enter onto the property of another for the purpose of conducting business as a peddler, solicitor, transient merchant, non-commercial door-to-door advocate, or similar activity when the property is marked with a sign or placard: (1) At least four inches long. (2) At least four inches wide. (3) With print of at least 48 point in size. (4) Stating “No Peddlers, Solicitors or Transient Merchants,” “Peddlers, Solicitors, and Transient Merchants Prohibited,” or other comparable statement. No person other than the property owner or tenant shall remove, deface, or otherwise tamper with any sign or placard under this section. SECTION 10. PENALTY. Any individual found in violation of any provision of this ordinance, shall be a guilty of a misdemeanor. League of Minnesota Cities Model Ordinance: 11/9/2023 Peddlers, Solicitors, and Transient Merchants Page 7 SECTION 11. SEVERABILITY. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. SECTION 12. EFFECTIVE DATE. This ordinance becomes effective on the date of its publication, or upon the publication of a summary of the ordinance as provided by Minn. Stat. § 412.191, Subd. 4, as it may be amended from time to time, which meets the requirements of Minn. Stat. § 331A.01, Subd. 10, as it may be amended from time to time. Passed by the City Council of _______, Minnesota this _____ day of Month, Year. ___________________ Mayor Attested: ____________________ City Clerk STAFF REPORT Agenda Item: 7b. Council Meeting August 8, 2024 Prepared By Kevin Mattson Topic Cropland Land Restoration Update Action Required Direction Summary The City is hoping to form a long term plan for land restoration of the cropland parcels owned by the City. Four grant funded programs are outlined below. Each of these programs provide varying levels of oversight and funding. 1.Partners for Fish and Wildlife- Private Lands Program (US Fish and Wildlife Service)- Partners for Wildlife Grasslands Restoration •Funding – Minimum of 50% cost-share on restoration •Length of agreement – 15 years for most projects •Benefits: improve water soil quality, facilitate flood control, restore wildlife habitat, maintain natural landscape of historic Corcoran •City Responsibility: o Control noxious weeds o Cover remaining restoration costs •Notes: o Priority given to sites with adjacent wetland or restorable wetland o Minimum 10 acres o No haying/grazing allowed 2.Hennepin County Cost Share Programs- Hennepin County (watersheds) •Funding – Up to 90% cost share on restoration •Length of agreement – 10 years for most projects •Benefits: Protects and improves soil, surface water and groundwater, maintain natural landscape of historic Corcoran •City Responsibility: cover remaining restoration costs •Notes: o Takes time to implement. 9-18 months Up to 4 months for project selection Project Design- 6-8 months Contracting Phase- 0-2 months Project Installation- 0-4 months o Project review occurs quarterly- projected application for September or December review Page 2 3.Hennepin County Habitat Conservation Program (Lessard Sams Outdoor Heritage Grant) Partner Restoration Enhancement •Funding – Up to 100% for Initial restoration (First 5 year after prairie establishment) after that management costs are on the partner. •Length of Agreement – 10 year minimum •Benefits: Restore native prairie grasses, restore wildlife habitat, maintain natural landscape of historic Corcoran •City Responsibility: o Control noxious weeds – 2029 and beyond o Manage prescribed burns every 3 years (1st burn managed by Hennepin County) Haying is an alternative to burning •Notes: o Program only eligible for lands that are permanently protected. 4.Foresters of Hennepin County •Funding- Up to 100% for initial reforestation (First 5 years of agreement Hennepin County would maintain) after that the City would be responsible for maintenance and associated costs. •Length of Agreement- At least 15 years. 15 year ROE agreement. •Benefits: Wildlife habitat creation, cleaner air and water •City Responsibility: Maintenance and associated costs after 5 years. •Notes: o Preference would be for the land to be for public use. o Trees could be put into carbon credit agreement. o New program in development stages- no brochure available at this time. Croplands have been sprayed with herbicide per council direction and we are looking to implement a natural habitat restoration plan for Fall 2024. Financial/Budget No financial impacts related to this discussion at this time. We will bring financial information with restoration plan at future time. Options 1.Direct staff to pursue an option above if desired. 2.Decline. Recommendation Staff recommendation of options provided above, would be option 2. If council is interested in a natural habitat restoration plan, option 2 is the most practical as there are limited financial obligations and the term of commitment is only 10 years. Council Action Direct staff to pursue an option above if desired. Page 3 Attachments 1.Map of City Owned Lands 2.Partners for Fish and Wildlife- Partners for Wildlife Grasslands Restoration Information 3.Hennepin County Cost Share Programs Information 4.Hennepin County Habitat Conservation Program (Lessard Sams Outdoor Heritage Grant) Information PARCEL INFORMATION Parcel 1, PID 13-119-23-32-0001, just north of Corcoran City Hall, 27 mowable acres Parcel 2, PID 23-119-23-34-0001, 20400 County Road 50, 22 mowable acres Agenda Attachment: 7b1. U.S. Fish and Wildlife Service CONSERVATION PROGRAMS The goal of the U.S. Fish and Wildlife Service is to help private landowners restore or improve habitat for all types of wildlife, including birds, mammals, fish, and even endangered species. A landowner can choose from a variety of programs to conserve, protect and enhance wildlife habitat. Landowners, along with conservation groups and government agencies, can also take advantage of free expert advice from biologists on ways to improve or restore wildlife habitat on the lands they own or manage. PARTNERS FOR WILDLIFE WETLANDS RESTORATION Benefits: Improve water and soil quality, restore wildlife habitat, and facilitate flood control Length of Agreement: 10 years for most projects Payment: Minimum of 50% cost-share on restoration work Eligibility: Areas where a small ditch can be plugged or tile can be broken to restore wetlands Provisions: No dugouts, only restorations Landowner controls access No restriction on haying or grazing All restoration efforts can be removed at end of contract period at landowner expense Priority given to large drained wetlands or multiple basins Sign-up Period: Continuous sign-up Contact: Mike Malling (Partners Biologist) Phone: 763-772-8159 text or voice MN Valley National Wildlife Refuge and Wetland Management District, 15865 Rapids Lake Road Carver, MN 55315 Website: https://www.fws.gov/program/partners-fish-and-wildlife PARTNERS FOR WILDLIFE GRASSLANDS RESTORATION Benefits: Improve water and soil quality, restore wildlife habitat, enhance pollinator habitat, and facilitate flood control Length of Agreement: 15 years for most projects Payment: Minimum of 50% cost-share on restoration work Eligibility: A minimum site of 10 acres of uplands is preferred with existing or restorable wetlands present Provisions: U.S. Fish and Wildlife Service or local conservation organization may work with landowner to prepare and seed site Priority given to sites with existing or restorable wetlands in the adjacent area Landowner controls access weeds No haying or grazing is typically allowed All restoration efforts can be removed at end of contract period at landowner expense Sign-up Period: Continuous sign-up PARTNERS FOR WILDLIFE GRASSLANDS RESTORATION U.S. FISH AND WILDLIFE SERVICE HABITAT EASEMENT U.S. FISH AND WILDLIFE SERVICE WETLAND EASEMENT Benefits: Improve water and soil quality, restore wildlife habitat, and facilitate flood control Length of Agreement: Perpetual, easement recorded on property deed Payment: One lump payment based on fair market value. Easement values are determined by a U.S. Fish and Wildlife Service appraiser Eligibility: Naturally occurring or restorable wetlands Provisions: Landowner agrees not to drain, burn, level, or fill in wetland Wetlands existing in high quality habitat areas are given priority Landowner maintains ownership, controls access, and pays taxes Landowner retains right to hay, graze, and farm wetlands covered when conditions allow U.S. Fish and Wildlife Service maintains right to manage wetland Sign-up Period: Continuous sign-up easement U.S. FISH AND WILDLIFE SERVICE WETLAND EASEMENT Benefits: Improve water and soil quality, restore wildlife habitat, enhance pollinator habitat, and facilitate flood control Length of Agreement: Perpetual, easement recorded on property deed Payment: One lump payment based on fair market value. Easement values are determined by a U.S. Fish and Wildlife Service appraiser. Payment varies with restrictions on use and location of the easement Eligibility: Tracts of land with existing or restorable wetlands and grasslands Provisions: Landowner agrees not to drain, burn, level, or fill in wetlands nor to destroy adjacent grassland cover Priority given to lands that are in close proximity to other protected areas Landowner maintains ownership, controls access, and pays taxes Varied use options that may allow haying and/or grazing in some situations U.S. Fish and Wildlife Service maintains right to manage habitat on the easement Sign-up Period: Continuous sign-up easement Agenda Attachment: 7b2. Cost share for conservation project selection and implementation: steps and timeline The process of installing a cost share project typically takes 9-18 months. The timeline depends on several factors including funding availability, staff time, contractor availability, complexities related to neighbors and drainage, and your goals and availability. No one project is the same as the next, but this document describes the general steps involved with installing a cost share for conservation project. These steps may occur in a slightly different order depending on the specific circumstances of each project. Entities involved in establishing a cost share for conservation project You, the landowner Landowners or renters are interested in installing a conservation practice on their land that protects and improves soil, surface water, and/or groundwater. You will meet with Hennepin County staff to share information about your property and review draft documents and project designs to provide feedback. Hennepin County Hennepin County is interested in improving the quality of soil, surface water, and/or groundwater through the installation of conservation practices. County staff will meet with you to gather initial information and offer support and guidance during the project. County staff will also work with you long-term to ensure the conservation practice functions properly over its lifetime (typically 10 years). Technical Assistance Provider (engineer or Hennepin County staff) Technical assistance will include project design and oversight of project implementation. Your technical assistance provider will be an engineer or Hennepin County staff with credentials to design the conservation practice and certify it following installation. All three parties will regularly communicate about the progress of the project. Agenda Attachment: 7b3. Phase 1: Initial contact and project selection (up to four months) 1. Initial conversation This conversation often happens over the phone or a video meeting. You might initiate it by reaching out to county staff, or we might initiate it by sending you a postcard or a letter. We will need to know: a. Physical address (or location) of the property b. Your relationship to the property (e.g., owner, renter, family member of owner) c. As much information as you can provide about the types of projects that interest you or the issue with the property that concerns you d. Photos are helpful but not necessary 2. Site visit The initial conversation is followed by a visit to the property by county staff to meet you and learn more about your goals. Following this, you will receive a summary of the visit, recommendations, and next steps. If you are not interested in financial assistance, county staff may recommend continued technical assistance at this stage, which will be outlined in the visit summary. 3. Sign Letter of Intent If you are interested in seeking financial assistance for a project, you sign a Letter of Intent to affirm your understanding of the project process and commitments. Signing and returning the Letter of Intent allows county staff to begin the evaluation process. 4. Project evaluation County staff review potential projects quarterly (March, June, September, and December). This review considers a project’s alignment with county priorities, approximate water quality benefit, approximate project cost, and any anticipated feasibility concerns. The result of this evaluation could be three things: • Your project may be selected for financial assistance immediately • Your project may be held for future consideration • Your project may not be selected to receive financial assistance – in this case, county staff may offer to provide additional technical assistance or connect you to other resources. 5. Decision County staff will communicate the decision to you within two weeks of the project evaluation meeting. Substitute W9: If your project is selected to move forward, you will need to sign a substitute W9. Cost share projects cannot advance to the design phase without submission of a substitute W9. This form gathers the necessary info (a social security number or tax identification number) to set you up in our accounting system and eventually receive payment after you are under contract and work is completed. Phase 2: Project design phase (six to eight months) You will proceed to phase two if you are selected for financial assistance. 6. Design development Hennepin County staff will work with you and the technical assistance provider to develop project designs. Your project will likely require permitting from your city or local watershed organization. We will also begin researching the project’s permitting needs at this stage. 7. Provide feedback on draft designs Before designs are finalized, you and any stakeholders involved will review and provide comments. Stakeholders may include other people who use the land (farm operator, etc.), permitting agencies (e.g. city or watershed organization), or funding partners. This is also a good time to begin looking for contractors to construct the project (if applicable). You are responsible for hiring a contractor to install the project according to plans approved by the county. While we cannot provide specific recommendations, we maintain a list of contractors that can be contacted for quotes. 8. Submit project and permit applications At this stage, with project benefits and costs more firmly understood, you will be asked to submit a project application. The application signifies your continued intent to complete the project as designed. It also gives the county a chance to verify that the benefits of the project are sufficient to justify the investment. You will be notified about our decision within 2 weeks of submitting the application. If the application is approved, both parties agree to dedicate funding to designing and implementing your project. At this stage you will also submit permit applications. County staff can help with this. Absolutely no costs related to the project may occur until the project application is approved by the county. Note: You are never required or obligated to complete the project. You can walk away at any time, before or after you submit the application. 9. Review and finalize designs Hennepin County staff will review the design plans with edits from you and any stakeholders to ensure revisions were incorporated correctly. Your contractor (if applicable) should be part of this plan review. Once everyone is satisfied, final plans will then be provided to you in preparation for contracting and installation phases. If you haven’t yet selected a contractor, you should do so at this stage. Phase 3: Contracting phase (up to two months) 10. Sign County Contract and Operations & Maintenance Agreement County contract: You will be asked to sign a project contract with the county which outlines how the county will reimburse you for costs you incur as part of the project. A signed project contract allows us to prepare our systems to reimburse you once the project is complete. Operations and Maintenance Agreement: An Operations and Maintenance Agreement will be included as an attachment to the county contract. This will serve as your guide for maintenance required over the lifespan of the project (typically 10 years). 11. Installation “go-ahead” is given Once all the necessary documents and contracts have been signed, Hennepin County will give the landowner and contractor the “go-ahead” for project installation to begin. For an engineered project, this involves a pre-construction meeting between you, your contractor, the county, and the technical assistance provider. Phase 4: project installation and wrap up (up to four months) 12. Construction begins Any time after you receive the “go-ahead” from county staff, your contractor may begin work. You or your contractor will need to communicate regularly with county staff while project work is occurring. County staff will stop by occasionally to take photos and ensure that the project is installed according to the design plans and can work with you, the technical assistance provider, and your contractor to help make any necessary adjustments to the design plans. Any change to the plan needs to be approved by county staff and the technical assistance provider prior to work occurring. 13. Final inspection upon project completion After the project is finished, county staff and the technical assistance provider will visit your property and review the project to make sure it was installed according to the design plans. If everything looks good, your project will be certified. At this point, we will also review your Operations and Maintenance Agreement and make any necessary adjustments. As part of this agreement, county staff will also inspect your project at the one-, three-, six-, and nine-year marks after installation is complete, but are available to you at any time you have a question or concern. 14. Reimbursement Your contractor will provide you an invoice for the project. To be reimbursed, the invoice and supporting documentation must include: • Name of contractor • Materials, labor, or equipment provided • Itemized unit costs • Invoice date, including the date(s) work was performed If you are counting any of your time as contribution to the project, you will need to keep track by date and the type of activity you performed. Keep all receipts of incurred costs related to the project (e.g., materials, permit fees). Contractor invoices, receipts, and time tracking (if applicable) are needed to prepare a voucher requesting reimbursement. Payment will be issued within 35 days. In some circumstances you may need to pay a contractor prior to receiving reimbursement from the county. 15. Routine inspections County staff will continue to be in touch to make sure all is going well with your project. Required inspections will occur one-, three-, six-, and nine- years after the date of project installation and certification. We will not arrive to inspect your project without coordinating a time that works for you. If you move or sell the property, we ask that you provide the new property owner with information about the project and let us know the new contact information for the property owner. If you’re interested in a cost share project, please reach out to: Kevin Ellis – Conservation Specialist Hennepin County Environment and Energy 612-382-3956 kevin.ellis@hennepin.us Roz Davis – Conservation Specialist Hennepin County Environment and Energy 952-262-0397 rozalyn.davis@hennepin.us You can also submit questions to our online interest form by using this QR code or at hennepin.us/conservation-interest Prairie Restoration Timeline (General): This example is partnering with Hennepin County and utilizing their Lessard Sams Outdoor Heritage Grant funding. Hennepin would use grant funds for getting the habitat established but after the first prescribed burn in 2029 (or whatever date that is) the partner organization will be managing the lands, but we are here always for technical advice and questions. Habitat Objective Priority Management Objectives Responsible Parties and Funding Sources Timing and Costs (external 5 years, internal 5+ years) 2024 2025 2026 2027 2028 2029 2030 Prairie General Restore Site Prep (herbicide/disk) Hennepin County $1.200/ac Acquire Seed Mix Hennepin County $800/ac Broadcast Seeding Hennepin County $800/ac Release Mows (3 times) Hennepin County $900/ac IPM Hennepin County $900/ac $900/ac $900/ac Partner Org. IN-KIND RX Burn Hennepin County $10,000 Partner Org. Optional: Haying Partner Org. IN-KIND = Non-monetary contribution (Actions that don’t require hiring someone else to do the job) MATCH = Monetary contribution (Actions that require hiring someone else to do the job) Habitat Objective Priority Management Objectives Responsible Parties and Funding Sources Timing and Costs (external 5 years, internal 5+ years) 2031 2032 2033 2034 2035 2036 2037 Prairie General Restore IPM Hennepin County Partner Org. IN-KIND IN-KIND IN-KIND IN-KIND IN-KIND RX Burn Hennepin County Partner Org. $10,000 $10,000 Optional: Haying Partner Org. IN-KIND IN-KIND IN-KIND = Non-monetary contribution (Actions that don’t require hiring someone else to do the job) MATCH = Monetary contribution (Actions that require hiring someone else to do the job) Agenda Attachment: 7b4. Example Timeline details: 2024 a. September: mow down existing vegetation and disk or field cultivate to prepare seedbed. b. October: if green up of weeds occurs in the month after disking, conduct herbicide treatment to target unwanted vegetation. c. November: if herbicide treatment was utilized follow herbicide label for timing of seeding in natives. If herbicide treatment was not utilized, try to time seeding for mid-November. Either utilize a broadcast seeder followed by a cultipacker or a no - till drill. 2025 d. Early June: conduct first release mow. When vegetation gets to a height of 10 -12” cut back vegetation to 8-10”. e. Early July: Release Mow. f. Early August: Release Mow. 2026 g. Early July: Integrated Plant Management for noxious or invasive plants (Thistle). Cut the heads off. Try not to utilize herbicides this year. 2027 h. Early July: Integrated Plant Management for noxious or invasive plants (Thistle). Spot spray. 2028 i. Early July: Integrated Plant Management for noxious or invasive plants (Thistle). Spot spray. 2029 and beyond j. Every year in late June: monitor the prairie for noxious weeds and cut off the seed heads, or manually pull, or spot spray. k. Prescribed burns will happen on 3 year intervals starting with 2029. Next burn is 2032. If a burn cannot be conducted there is always an option to hay off the site in fall as an alternative. Just a note: As partners on this project, we are always available anytime for technical assistance with this project at any time. Agenda Item: 13. City of Corcoran 2024 City Council Schedule Below is a tentative schedule for City Council meetings. The items and schedule are subject to change. August 22, 2024 Work Session • Oswald Farm Business Park Discussion August 22, 2024 • Planning project update • Pioneer Trail FP and FPUD (city file 23-030)(tentative)(Kendra) • Hope Meadows FP, FPUD and PUD Amendment – (city file 24-025) (tentative) (Natalie) • Jay Brown Garage CUP (city file 24-019) (Dwight) • Rural Commercial Development Rights (City File 23-023) (Natalie) • Utility Rate Study Proposal (Kevin) • 2025 Budget and CIP (Jay) September 10, 2024 • Annual Charter Commission Meeting – Wards? September 12, 2024 (Jay Gone – Matt will Run Meeting) • Preliminary Budget and Levy (Jay/Abdo) • Levy Insert (Deb/Nalisha) • Solid Wast Haulers Renewals and Staff Report (Deb/Nalisha) • Street Lighting Policy Development and Implementation (Kevin) • Recycling Contract – RFPs? (Deb/Nalisha) September 26, 2024 October 10, 2024 • Compensation and Classification Update October 24, 2024 • Planning Project Update November 8 or November 12 Special Meeting • Certification of General Election 2024 November 14, 2024 • Tort Liability Coverage Waiver • Certify Delinquent Utilities to Hennepin County • Certify Delinquent Recycling to Hennepin County • Draft 2025 Fee Schedule Agenda Item: 13. November 25, 2024 • Approve Final Budget December 16, 2024 (Only meeting in December) • MS4 Permit • Truth and Taxation Hearing • Final 2024 Budget and Levy • 2025 Wage Schedule • 2025 Enterprise Fund Budget • 2025 CIP • 2025 Fee Schedule Adoption • Planning Project Update • Call for Work Sessions in First Quarter 2025 Page 2 of 2