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HomeMy WebLinkAbout2012-05-10 - Council AgendaAgenda Corcoran City Council May 10, 2012 - 7:00 PM 1. Call to Order / Roll Call 2. Pledge of Allegiance 3. Agenda Approval 4. Open Forum 5. Presentations 6. Planning Business / Landform -None 7. Engineering / Wenck -None 8. Public Hearing -Dust Control 9. Consent Agenda a. Draft Minutes of April 26, 2012 Council Meeting* b. Authorize the Agreement between Hennepin County and the City for Award of the $225,000 CDBG Funds for the Development of a Public Facility at Maple Hills Estates* c. Declaration of PERA Contributions - Resolution 2012-21* 10. Staff Reports/ Memos /Commissions a. Parks and Trails Commission Draft Minutes of April 17, 2012* 11. Unfinished Business a. Sewer and Water Project i. Update ii. Downtown Business Owners Meeting wrap up of May 4th iii. Metropolitan Council Proposed Agreement* b. Public Works Facility c. Road Improvement Project* d. Special Assessment Policy* 12. New Business a. 2011 Audit Report b. 2011 Performance Report* c. Proposed 5 Year Finance Plan* d. Storm Water Pollution Prevention Plan* 13. Claims as Presented * a. Escrow Claims (Fund #500) b. Building Inspections Claims c. All Other Claims As Presented 14. Unscheduled Items 15. Closed Meeting a. To consider Sewer and Water Easement offers 16. Review of Upcoming Council Meeting Agenda 17. Adjournment *Includes Materials - Materials relating to these agenda items can be found in the House Agenda Packet by Door. Agenda Memo -May 10. 2012 To: Mayor and City Council From: Dan Donahue, City Administrator Regarding: Administrator Notes to Council Meeting Agenda 4) Open Forum 5) Presentations -None 6) Planning Business -None 7) Engineering -None 8) Public Hearing -None 9) Consent Agenda a) Council Draft Minutes of April 27, 2012 Council Meeting b) Approve Agreement - $225,000 CDBG Award. This is the agreement between the city and the County on the use of the CDBG funds. While we won't get the award until later this month, this agreement is in preparation for the anticipation of the award. This agreement is standard for these types of projects and much of it is based on Federal requirements tied to the use of CDBG funds. c) PERA Contribution. This resolution is needed for every new hire of a Part Time Police Officer. The state pension office requires this resolution of all cities. Chief Gormley and I recommend approval. No budget impact other than what has been budgeted for P/T Officers. 10) Staff Reports. a) Draft P & T Commission Minutes of April 17, 2012 11) Unfinished Business. Page 1 Agenda Memo -May 10. 202 a) Sewer and Water Project i) Update. The bid document is out on the street with an anticipated June 14th presentation to the council ii) Wrap up of the May 4th Downtown Business Owners meeting iii) Met Council Agreement. This revised agreement just came in so the engineer and I have not had an opportunity to thoroughly review. It does tighten up the work schedule as requested by the council. b) PW Facility Update. Nothing new to report at this time. Staff will give verbal update on activities. I do not believe the city attorney will have more regarding the negotiations for the needed easements at this meeting. I will not know if he is going to request a closed meeting until next week. c) Road Improvement Project. See memo by the city engineer. d) Special Assessment Policy. In your packet are the Special Assessment Policy and a memo by the city engineer. If the road improvements are to proceed, this policy will have to be reviewed and probably amended. 12) New Business a) 2011 Audit. Please bring to this meeting the audit documents that were included in the April 27th Council Packet. The Auditor, Andy Berg, will give formal presentations to the council. I have passed along some of the concerns you expressed at the last council meeting for him to address b) 2011 Performance Report. See my memo. c) Proposed 5 Year Finance Plan. I have worked with Northland Financial to develop a proposal for the development of a finance plan for the city. I have recommended that with the potential for bonding this year to finance equipment and facilities, the city needs a far reaching plan on Page 2 Agenda Memo -May 10. 202 how our finances will be handled in the future. It is not only sound planning but will save money when we sell bonds through a lower interest rate because of our planning. d) Storm Water Pollution Prevention Plan. We are required to have an annual public hearing on the goals to prevent water runoff pollution. Staff recommends the council authorize a public hearing for June 141H 13) Claims. 14) Unscheduled and Other Items 15) Closed Council Meeting. May ask for a closed meeting to consider negotiations on easement purchases for the Sewer and Water project. 16) Upcoming Council Meetings Council Calendar Planning Commission P& T Commission 2/2/12 No Mtng 3/1/12 4/5/12 5/3/12 6/7/12 7/5/12 Asleson Asleson Milbrandt Guenthner Cossette Gmach 2/21/12 3/20/1 2 4/17/12 5/15/12 6/19/12 7/17/12 Asleson Milbrandt Guenthner Cossette Gmach Asleson Page 3 City of Corcoran City Council Meeting Minutes April 26, 2012 9a. The Corcoran City Council met on April 26, 2012, at City Hall in Corcoran, Minnesota. Present were, Mayor Guenthner, Councilor Asleson, Councilor Cossette, and Councilor Gmach. Also present were City Administrator Donahue, City Attorney Carson, City Planner Lindahl, City Engineer VanderTop, Public Safety Director Gormley, and City Clerk Heinecke. Councilor Milbrandt is excused. Mayor Guenthner called the regular meeting to order at 7:00 pm. 1. Call to Order / Roll Call 2. Pledge of Allegiance 3. Agenda Approval MOTION: made by Gmach, seconded by Cossette to approve the agenda as presented. Voting Aye: Guenthner, Asleson, Cossette, and Gmach. (Motion carried 4:0). 4. Open Forum Cindy Patnode, Corcoran's Elm Creek Watershed Commissioner will provide a summary report to the council after the Watershed meetings. Advised the council of upcoming projects the Watershed is considering. 5. Presentations -None 6. Planning Business / Landform a. Daniel /Cynthia Patnode AG Preserve 12 -004 MOTION: made by Gmach, seconded by Cossette to approve Resolution 2012 -19 Approving a Request for Metropolitan Agricultural Preserve Designation and Initiating Expiration of the Designation for 79.0 Acres of Land Owned by Daniel and Cynthia Patnode (PID 20- 119- 23 -31- 0003) as presented. Voting Aye: Guenthner, Asleson, Cossette, and Gmach. (Motion carried 4:0). b. James /Beverly Patnode AG Preserve 12 -005 MOTION: made by Gmach, seconded by Cossette to approve Resolution 2012 -20 Approving a Request for Metropolitan Agricultural Preserve Designation and Initiating Expiration of the Designation for 55.65 Acres of Land Owned by James and Beverly Patnode (PID 20- 119- 23 -12- 0006) as presented. Voting Aye: Guenthner, Asleson, Cossette, and Gmach. (Motion carried 4:0). c. Lions Park PUD Modification 09 -001 Council by consensus approved the PUD Modification for Lions Park (PID 25- 119 -23 -41 -001 and 25- 119 -23 -44 -0005) as requested. d. Letter of Credit Policy MOTION: made by Gmach, seconded by Asleson to approve the Letter of Credit Reduction Process and Policy as presented. Voting Aye: Guenthner, Asleson, Cossette, and Gmach. (Motion carried 4:0). 7. Engineering / Wenck -None 8. Public Hearing -None City of Corcoran City Council Meeting Minutes April 26, 2012 9a. 9. Consent Agenda a. Draft Minutes of April 12, 2012 Council Meeting b. NW Trails Resolution 2012 -18 c. Squad Car Purchase d. Workstation Computer Purchase e. Parks & Trails Commissioner Appointment MOTION: made by Gmach, seconded by Cossette to approve items a, b and d as presented. Voting Aye: Guenthner, Asleson, Cossette, and Gmach. (Motion carried 4:0). MOTION: made by Gmach, seconded by Cossette to approve item c (squad car purchase) as presented. Voting Aye: Guenthner, Asleson, Cossette, and Gmach. (Motion carried 4:0). MOTION: made by Asleson, seconded by Gmach to appoint Judy Strehler to the Parks & Trails Commission. Voting Aye: Guenthner, Asleson, Cossette, and Gmach. (Motion carried 4:0). 10. Staff Reports/ Memos /Commissions a. Council received the 2011 Draft Audit Results. A representative from Abdo, Eick & Meyers will attend the May 10, 2012 council meeting. b. Hwy 55 Update received, no action required. c. Concession Stand in the Park. Liability insurance received, no action required. d. Planning Update received, no action required. 11. Unfinished Business a. Sewer and Water Project MOTION: made by Cossette, seconded by Gmach to approved Resolution 2012 -22 Approving Plans and Specifications for a Sewer and Water Utility Project and Authorizing Advertisement for Bids as presented. Voting Aye: Guenthner, Asleson, Cossette, and Gmach. (Motion carried 4:0). b. PW Facility MOTION: made by Asleson, seconded by Cossette to approve the proposal presented by Oertel Architects and add $1,000 to the proposed cost. Voting Aye: Guenthner, Asleson, Cossette, and Gmach. (Motion carried 4:0). c. Engineer VanderTop presented a memo related to a potential Trail Haven Rd., Foxline Dr and Treeline Dr. Street Project. Staff directed to prepare a revised timeline schedule and review the city assessment policy. d. Dust Control Public Hearing date moved to May 24, 2012. Council approved by consensus a $35,000 city contribution to collector road cost of dust control application, and any additional cost increase will be assessed to property owners. City of Corcoran City Council Meeting Minutes April 26, 2012 9a. 12. New Business MOTION: made by Cossette, seconded by Gmach to authorize employment offer to Michael Pritchard for the Code Enforcement/Administrative Assistant position. Voting Aye: Guenthner, Asleson, Cossette, and Gmach. (Motion carried 4:0). 13. Claims as Presented a. Escrow Claims (Fund #500) MOTION: made by Cossette, seconded by Asleson to approve escrow claims as presented. Voting Aye: Guenthner, Asleson, Cossette, and Gmach. (Motion carried 4:0). b. Building Inspections Claim MOTION: made by Cossette, seconded by Gmach to approve building inspection claims as presented. Voting Aye: Guenthner, Asleson, Cossette, and Gmach. (Motion carried 4:0). c. All Other Claims As Presented MOTION: made by Cossette, seconded by Asleson to approve all other claims as presented. Voting Aye: Guenthner, Asleson, Cossette, and Gmach. (Motion carried 4:0). 14. Unscheduled Items -None Mayor Guenthner recessed the regular meeting at 8:32 to convene a closed meeting Mayor Guenthner reconvened the regular meeting at 9:20 15. Closed Meeting IT a. To consider Sewer and Water Easement offers, no action taken. 16. Review of Upcoming Council Meeting Agenda 2011 Audit review Five year funding plan MOTION: made by Gmach, seconded by Asleson to adjourn. Voting Aye: Guenthner, Asleson, Cossette, and Gmach. (Motion carried 4:0). Meeting adjourned at 9:26 pm Hennepin County Department of Housing, Community Works & Transit 701 Fourth Avenue South, Suite 400 612- 348 -9260, Phone Minneapolis, Minnesota 55415 612- 348 -9710, Fax www.hennepin.us April 6, 2012 Mr. Dan Donahue City of Corcoran City Administrator 6700 County Road 116 Corcoran, MN 55340 SUBJECT: Urban Hennepin County Participating Communities 2012 CDBG Subrecipient and Third Party Agreements Dear Dan: The U.S. Department of Housing and Urban Development (HUD) will approve the Fiscal Year 2012 Urban Hennepin County Community Development Block Grant (CDBG) Program in July of this year. To implement this program, Hennepin County (as Recipient) and your city (as Subrecipient) must execute a Subrecipient Agreement. Additionally, if nonprofit agencies are working with your city on specific PY2012 activities, your city and the nonprofit agencies may be required to execute Third Party Agreements. IMPORTANT NOTICES: DUNS Number: Hennepin County, as the CDBG Recipient, is required to comply with certain reporting requirements under the Federal Funding Accountability and Transparency Act ( FFATA). FFATA requires information on federal awards be made available to the public via a single, searchable federal website. To facilitate compliance, Hennepin County is requiring each party receiving CDBG funds to provide its Dun and Bradstreet (D &B) DUNS number, a unique nine digit identification number, for each physical location of your business. If you do not have a DUNS number, please request a number at http: / /f`edgov.dnb.com /webform. A line has been added to each signature page for you to include your organization's DUNS number. In order to reduce the number of CDBG agreements and to facilitate direct payment under the County's financial management system, the County has opted to enter into direct Subrecipient Agreements with a number of public service providers receiving CDBG funding from more than one city; in the past, your city may have entered into separate Third Party Agreements with each of these providers, however, payment was typically made directly by the County. To this end, please note that Page 1 of your Subrecipient Agreement contains information on your city's total allocation, as well as amounts to be implemented by your city and, separately, the County. Exhibits 3 and 4 to the Subrecipient Agreement provide additional detail. This will enable the County to directly administer and pay certain public service providers. 3. Forms and checklists required to document client /beneficiary eligibility, administrative costs, and program compliance are now attached as Exhibit 5 to the Subrecipient Agreement and /or Exhibit 3 to the Third Party Agreement. Applicability to any specific activity is identified on the bottom of each Exhibit 1. Hennepin County has prepared the Subrecipient and Third Party Agreements pertinent to your city (enclosed). To simplify processing, we have also included flagged signature pages for execution and return to the County. An Equal Opportunity Employer Recycled Paper Executed signature pages must be returned by MAY 1, 2012. It is our understanding that the city council resolution used to approve your city's 2012 CDBG activities included language authorizing the execution of these agreements and that no additional council action should be required. INSTRUCTIONS FOR EXECUTING THE SUBRECIPIENT AGREEMENT This mailing includes one (1) copy of the Subrecipient Agreement between Hennepin County and your city; three (3) flagged Subrecipient Agreement signature pages; and three (3) flagged Exhibit 2 (Assurance and Certification) signature pages. 1. Review the Subrecipient Agreement, including all Exhibits. 2. Execute all flagged Subrecipient Agreement signature pages. When signing agreements, please use blue ink. Original signatures in black ink cannot be easily distinguished from photocopied signatures. Remember to: ✓ City clerk attests to signatures ✓ Indicate city organization ✓ Stamp with city seal ✓ Include DUNS number 3. Execute all flagged Exhibit 2 (Assurance and Certification) signature pages. When signing agreements, please use blue ink. Original signatures in black ink cannot be easily distinguished from photocopied signatures. Exhibit 2 must be signed by the Chief Financial Officer. 4. Return three (3) executed original Subrecipient Agreement signature pages and three (3) executed original Exhibit 2 (Assurance and Certification) signature pages by MAY 1, 2012, to: Hennepin County Housing, Community Works & Transit Attn: Jackie Isa 701 Fourth Avenue South, Suite 400 Minneapolis, MN 55415 -1843 5. The city may keep the agreement and copies of the signature pages for your records. 6. An original copy of the Subrecipient Agreement, including the county's signature page, will be provided to each city following execution by the county. INSTRUCTIONS FOR EXECUTING THE THIRD PARTY AGREEMENT(S) (if applicable) If applicable to your city, this mailing includes one (1) copy of each Third Party Agreement between your city and the nonprofit program provider; and two (2) flagged Third Party Agreement signature pages (for execution and return to the County). This agreement is between the city and the third party provider only. 1. Review each Third Party Agreement, including Exhibits. 2. Execute both flagged Third Party signature pages. When signing agreement(s), please use blue ink. Original signatures in black ink cannot be easily distinguished from photocopied signatures. Remember to: ✓ City clerk attests to signatures ✓ Indicate city organization ✓ Stamp with city seal 2 3. Return two (2) executed original Third Party Agreement signature pages by MAY 1 2012 to: Hennepin County Housing, Community Works & Transit Attn: Jackie Isa 701 Fourth Avenue South, Suite 400 Minneapolis, MN 55415 -1843 4. The city may keep the agreement(s) and copies of the signature pages for your records. Hennepin County will submit the Third Party Agreement to nonprofit agencies for their execution. Following nonprofit execution, the county will provide the city and nonprofit agencies with executed Third Party Agreements. If you have any questions please contact Jacqueline Isa at 612 - 543 -0817 or by email Jacqueline .Isa @co.hennepin.mn.us. Thank you very much for your assistance. Sincerely, Kevin D. Dockry Manager Housing Development and Finance Enclosures: Subrecipient Agreement Third Party Agreement, as applicable 3 Agreement No. A120539 SUBRECIPIENT AGREEMENT URBAN HENNEPIN COUNTY FY2012 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, hereinafter referred to as "RECIPIENT," A -2400 Government Center, Minneapolis, Minnesota 55487, and the CITY OF CORCORAN, 6700 County Road 116, Corcoran, MN 55340, hereinafter referred to as "SUBRECIPIENT." WITNESSETH WHEREAS, RECIPIENT has received a Federal Department of Housing and Urban Development Fiscal Year 2012 Community Development Block Grant (CDBG) Program (Catalog of Federal Domestic Assistance (CFDA) number 14.218) entitlement allocation under Title I of the Housing and Community Development Act of 1974, as amended, to carry out various community development activities in cooperation with SUBRECIPIENT, according to the implementing regulations at 24 CFR Part 570; and WHEREAS, RECIPIENT has approved the use of $225,000 of Federal Fiscal Year 2012 CDBG funds by the SUBRECIPIENT for the Public Facilities /Corcoran Community Center project (hereinafter referred to as the "Activity ") included in and a part of the 2012 Consolidated Plan, Urban Hennepin County Community Development Block Grant (CDBG) Program, and further described in Exhibit 1 to this Agreement. NOW, THEREFORE, the parties hereunto do hereby agree as follows: SCOPE OF SERVICES A. The SUBRECIPIENT shall expend all or any part of its CDBG allocation only on the Activity identified in Exhibit 1, subject to the requirements of this Agreement and the stipulations and requirements set forth in Exhibit 1 to this Agreement. B. The SUBRECIPIENT shall take all necessary actions, not only to comply with the stipulations as set out in Exhibit 1, but to comply with any requests by the RECIPIENT in that connection; it being understood that the RECIPIENT is responsible to the Department of Housing and Urban Development (HUD) for ensuring compliance with such requirements. The SUBRECIPIENT also will promptly notify the RECIPIENT of any changes in the scope or character of the Activity which it is implementing. C. At the request of the RECIPIENT, on a form to be provided, the SUBRECIPIENT shall submit a schedule, corresponding to the term of this Agreement, showing milestones for Activity implementation and timely expenditure of funds and will provide other information as requested to assure compliance with HUD timeliness requirements. D. Forms and checklists required to document client /beneficiary eligibility, administrative costs, and program compliance (Environmental Review, Acquisition and /or Relocation, Davis Bacon /Labor Standards, and Procurement) are provided in Exhibit 3. SUBRECIPIENT shall submit all necessary documentation applicable to each specific Activity as identified in Exhibit 1. 2. TERM OF AGREEMENT The effective date of this Agreement is July 1, 2012. The termination date of this Agreement is December 31, 2013, or at such time as the Activity constituting this Agreement is satisfactorily completed prior thereto. Upon expiration, the SUBRECIPIENT shall relinquish to the RECIPIENT all program funds unexpended and uncommitted, and all accounts receivable attributable to the use of CDBG funds for the Activity described in Exhibit 1, as may be amended. 3. THIRD PARTY AGREEMENTS The SUBRECIPIENT may subcontract this Agreement and /or the services to be performed hereunder, whether in whole or in part, only with the prior consent of the RECIPIENT and only through a written Third Party Agreement acceptable to the RECIPIENT. The SUBRECIPIENT shall not otherwise assign, transfer, or pledge this Agreement and /or the services to be performed hereunder, whether in whole or in part, without the prior consent of the RECIPIENT. 4. AMENDMENTS TO AGREEMENT Any material alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when reduced to writing as an Amendment to this Agreement signed, approved and properly executed by the authorized representatives of the parties. PAYMENT OF CDBG FUNDS The RECIPIENT agrees to provide the SUBRECIPIENT with CDBG funds not to exceed the Hennepin County authorized budget to enable the SUBRECIPIENT to carry out its CDBG - eligible Activity as described in Exhibit 1. It is understood that the RECIPIENT shall be held accountable to HUD for the lawful expenditure of CDBG funds under this Agreement. The RECIPIENT shall therefore make no payment of CDBG funds to the SUBRECIPIENT and draw no funds from HUD /U.S. Treasury on behalf of the SUBRECIPIENT Activity, prior to having received a request for reimbursement for expenses incurred from the SUBRECIPIENT. In addition to the request form, SUBRECIPIENT shall provide copies of all documents and records needed to ensure that the SUBRECIPIENT has complied with the appropriate regulations and requirements. SUBRECIPIENT shall not provide services under this Agreement without receiving a purchase order or purchase order number supplied by the COUNTY. All invoices shall display the COUNTY purchase order number and be sent to the central invoice receiving 2 address supplied by the COUNTY. 6. INDEMNITY AND INSURANCE A. The SUBRECIPIENT does hereby agree to defend, indemnify, and hold harmless the RECIPIENT, its elected officials, officers, agents, volunteers and employees from and against all costs, expenses, claims, suits or judgments arising from or growing out of any injuries, loss or damage sustained by any person or corporation, including employees of SUBRECIPIENT and property of SUBRECIPIENT, which are caused by or sustained in connection with the tasks carried out by the SUBRECIPIENT under this Agreement. B. SUBRECIPIENT does further agree that, in order to protect itself as well as the RECIPIENT under the indemnity agreement provisions herein above set forth, it will at all times during the term of this Agreement and any renewal thereof have and keep in force: a single limit or combined limit or excess umbrella commercial and general liability insurance policy of an amount of not less than $1,000,000 for property damage arising from one occurrence, $1,000,000 for damages arising from death and /or total bodily injuries arising from one occurrence, and $1,000,000 for total personal injuries arising from one occurrence. Such policy shall also include contractual liability coverage protecting the RECIPIENT, its officers, agents, and employees by a certificate acknowledging this Agreement between the SUBRECIPIENT and the RECIPIENT. 7. CONFLICT OF INTEREST A. In the procurement of supplies, equipment, construction, and services by the SUBRECIPIENT, the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A -110 and A -122, as applicable, shall apply. B. In all other cases, the provisions of 24 CFR 570.611 shall apply. 8. DATA PRIVACY The SUBRECIPIENT agrees to abide by the provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws, rules, and regulations relating to data privacy or confidentiality, and as any of the same may be amended. The SUBRECIPIENT agrees to defend, indemnify and hold the RECIPIENT, its elected officials, officers, agents, volunteers and employees harmless from any claims resulting from the SUBRECIPIENT'S unlawful disclosure and /or use of such protected data. 9. SUSPENSION OR TERMINATION A. If the SUBRECIPIENT materially fails to comply with any term of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, this shall constitute noncompliance and default. Unless the SUBRECIPIENT'S default is excused by the RECIPIENT, the RECIPIENT may take one or more of the 3 actions prescribed in 24 CFR 85.43, including the option of immediately canceling this Agreement in its entirety. B. The RECIPIENT'S failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. C. This Agreement may be cancelled with or without cause by either party upon thirty (30) days' written notice according to the provisions in 24 CFR 85.44. D. CDBG funds allocated to the SUBRECIPIENT under this Agreement may not be obligated or expended by the SUBRECIPIENT following such date of termination. Any funds allocated to the SUBRECIPIENT under this Agreement which remain unobligated or unspent following such date of termination shall automatically revert to the RECIPIENT. 10. REVERSION OF ASSETS Upon expiration or termination of this Agreement, the SUBRECIPIENT shall transfer to the RECIPIENT any CDBG funds on hand or in the accounts receivable attributable to the use of CDBG funds, including CDBG funds provided to the SUBRECIPIENT in the form of a loan. Any real property under the control of the SUBRECIPIENT that was acquired or improved, in whole or in part, using CDBG funds in excess of $25,000 shall either be: A. Used to meet one of the national objectives in 24 CFR 570.208 and not used for the general conduct of government until: (1) For units of general local government, five years from the date that the unit of general local government is no longer considered by HUD to be a part of Urban Hennepin County. (2) For any other SUBRECIPIENT, five years after expiration of this Agreement; or B. Not used in accordance with A. above, in which event the SUBRECIPIENT shall pay to the RECIPIENT an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the property. The payment is program income to the RECIPIENT. No payment is required after the period of time specified in A. above. 11. PROCUREMENT The SUBRECIPIENT shall be responsible for procurement of all supplies, equipment, services, and construction necessary for implementation of its Activity. Procurement shall be carried out in accordance with the "Common Rule" Administrative Requirements in 24 CFR 85 and all provisions of the CDBG Regulations in 24 CFR 570 (the most restrictive of which will take precedence). The SUBRECIPIENT shall prepare, or cause to be prepared, all advertisements, negotiations, notices, and documents, enter into all contracts, and conduct all meetings, conferences, and interviews as necessary to ensure compliance 4 with the above described procurement requirements. The RECIPIENT shall provide advice and staff assistance to the SUBRECIPIENT to carry out its CDBG- funded Activity. 12. ACQUISITION, RELOCATION, AND DISPLACEMENT A. The SUBRECIPIENT shall be responsible for carrying out all acquisitions of real property necessary for implementation of the Activity. The SUBRECIPIENT shall conduct all such acquisitions in its name, or in the name of any of its public, governmental, nonprofit agencies as authorized by its governing body, which shall hold title to all real property purchased. The SUBRECIPIENT shall be responsible for preparation of all notices, appraisals, and documentation required in conducting acquisition under the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 as required under 49 CFR Part 24 and of the CDBG Program. The SUBRECIPIENT shall also be responsible for providing all relocation notices, counseling, and services required by said regulations. The RECIPIENT shall provide advice and staff assistance to the SUBRECIPIENT to carry out its CDBG- funded Activity. B. The SUBRECIPIENT shall comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as required under 24 CFR 570.606(a) and HUD implementing regulations at 24 CFR 42; the requirements in 24 CFR 570.606(b) governing the residential antidisplacement and relocation assistance plan under section 104(d) of the Housing and Community Development Act of 1974 (the Act); the relocation requirements of 24 CFR 570.606(c) governing displacement subject to section 104(k) of the Act; and the requirements of 24 CFR 570.606(d) governing optional relocation assistance under section 105(a)(11) of the Act. 13. ENVIRONMENTAL REVIEW The RECIPIENT shall determine the level of environmental review required under 24 CFR Part 58 and maintain the environmental review record on all activities. The SUBRECIPIENT shall be responsible for providing necessary information, relevant documents, and public notices to the RECIPIENT to accomplish this task. 14. LABOR STANDARDS, EMPLOYMENT, AND CONTRACTING The RECIPIENT shall be responsible for the preparation of all requests for HUD for wage rate determinations on the CDBG Activity undertaken by the SUBRECIPIENT. The SUBRECIPIENT shall notify the RECIPIENT prior to initiating any activity, including advertising for contractual services which will include costs likely to be subject to the provisions on Federal Labor Standards and Equal Employment Opportunity and related implementing regulations. The RECIPIENT will provide technical assistance to the SUBRECIPIENT to ensure compliance with these requirements. No CDBG funds shall be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or subrecipient during any period of debarment, suspension, or placement in ineligibility status under the provisions of 24 5 CFR Part 24. Prior to awarding a contract the SUBRECIPIENT shall promptly notify the RECIPIENT. The RECIPIENT shall be responsible for determining the status of the contractor under this requirement, and shall notify SUBRECIPIENT if the contractor is or is not prohibited from doing business with the Federal government as a result of debarment or suspension proceedings. 15. PROGRAM INCOME If the SUBRECIPIENT generated any program income, as defined in 24 CFR 570.500, as a result of the expenditure of CDBG funds, the provisions of 24 CFR 570.504 shall apply, as well as the following specific stipulations: A. The SUBRECIPIENT will notify the RECIPIENT of any program income within ten (10) days of the date such program income is generated. When program income is generated by an Activity only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. B. On a form to be provided by the RECIPIENT, the SUBRECIPIENT will document amounts received as program income are properly determined, calculated and supported. The RECIPIENT will subsequently review and verify documentation to assure Federal requirements are met. C. Any such program income must be paid to the RECIPIENT by the SUBRECIPIENT as soon as practicable after such program income is generated unless the SUBRECIPIENT is permitted to retain program income. D. Program income returned to the RECIPIENT shall be credited to the grant authority of SUBRECIPIENT, whose project generated the program income, and shall be used for fundable and eligible CDBG activities consistent with this Agreement. E. The SUBRECIPIENT further recognizes that the RECIPIENT has the responsibility for monitoring and reporting to HUD on the use of any such program income. The responsibility for appropriate record keeping by the SUBRECIPIENT and reporting to the RECIPIENT by the SUBRECIPIENT on the use of such program income is hereby recognized by the SUBRECIPIENT. The RECIPIENT agrees to provide technical assistance to the SUBRECIPIENT in establishing an appropriate and proper record - keeping and reporting system, as required by HUD. F. In the event of close -out or change in status of the SUBRECIPIENT, any program income that is on hand or received subsequent to the close -out or change in status shall be paid to RECIPIENT as soon as practicable after the income is received. The RECIPIENT agrees to notify the SUBRECIPIENT, should closeout or change in status of the SUBRECIPIENT occur. 16. USE OF REAL PROPERTY The following standards shall apply to real property under the control of the SUBRECIPIENT that was acquired or improved, in whole or in part, using CDBG funds: n. A. The SUBRECIPIENT shall inform the RECIPIENT at least thirty (30) days prior to any modification or change in the use of the real property from that planned at the time of acquisition or improvements, including disposition. The SUBRECIPIENT will comply with the requirements of 24 CFR 570.505 to provide affected citizens the opportunity to comment on any proposed change and to consult with affected citizens. B. The SUBRECIPIENT shall reimburse the RECIPIENT in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non -CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. Said reimbursement shall be provided to the RECIPIENT at the time of sale or transfer of the property referenced herein. Such reimbursement shall not be required if the conditions of 24 CFR 570.503(b)(8)(i) are met and satisfied. Fair market value shall be established by a current written appraisal by a qualified appraiser. The RECIPIENT will have the option of requiring a second appraisal after review of the initial appraisal. C. Any program income generated from the disposition or transfer of real property prior to or subsequent to the close -out, change of status or termination of the Joint Cooperation Agreement between the RECIPIENT and the SUBRECIPIENT shall be repaid to the RECIPIENT at the time of disposition or transfer of the property. 17. ADMINISTRATIVE REQUIREMENTS The uniform administrative requirements delineated in 24 CFR 570.502 and any and all administrative requirements or guidelines promulgated by the RECIPIENT shall apply to all activities undertaken by the SUBRECIPIENT provided for in this Agreement and to any program income generated therefrom. 18. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY A. During the performance of this Agreement, the SUBRECIPIENT agrees to the following: In accordance with the Hennepin County Affirmative Action Policy and the County Commissioners' Policies Against Discrimination, no person shall be excluded from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin; and no person who is protected by applicable federal or state laws against discrimination shall be otherwise subjected to discrimination. B. The SUBRECIPIENT will furnish all information and reports required to comply with the provisions of 24 CFR Part 570 and all applicable state and federal laws, rules, and regulations pertaining to discrimination and equal opportunity. 7 19. NON - DISCRIMINATION BASED ON DISABILITY A. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, to ensure that no otherwise qualified individual with a handicap, as defined in Section 504, shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by the SUBRECIPIENT receiving assistance from the RECIPIENT under Section 106 and /or Section 108 of the Housing and Community Development Act of 1974, as amended. B. When and where applicable, the SUBRECIPIENT shall comply with, and make best efforts to have its third party providers comply with, Public Law 101 -336 Americans With Disabilities Act of 1990, Title I "Employment," Title II "Public Services" - Subtitle A, and Title III "Public Accommodations and Services Operated By Private Entities" and all ensuing federal regulations implementing said Act. 20. LEAD -BASED PAINT The SUBRECIPIENT shall comply with the Lead -Based Paint notification, inspection, testing and abatement procedures established in 24 CFR 570.608. 21. FAIR HOUSING In accordance with the Fair Housing Act, Community Development Block Grant recipients are required to administer all programs and activities in a manner to affirmatively further the policies of the Fair Housing Act. The RECIPIENT has certified to HUD that it will affirmatively further fair housing within its jurisdiction. Should HUD make a determination that the SUBRECIPIENT has not affirmatively furthered fair housing or has impeded action by the RECIPIENT to comply with its fair housing certification, the RECIPIENT shall exercise its authority, as contained in the Joint Cooperation Agreement, to prohibit the SUBRECIPIENT from receiving CDBG funding for any activities until the violation has been remedied. 22. LOBBYING A. No federal appropriated funds have been paid or will be paid, by or on behalf of the SUBRECIPIENT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an 0 employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement SUBRECIPIENT will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 23. USE OF EXCESSIVE FORCE BY LAW ENFORCEMENT AGENCIES If applicable, SUBRECIPIENT has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within its jurisdiction. 24. OTHER CDBG POLICIES The SUBRECIPIENT shall comply with the applicable section of 24 CFR 570.200, particularly sections (b) (Special Policies Governing Facilities); (c) (Special Assessments); (f) (Means of Carrying Out Eligible Activities); and (j) (Constitutional prohibitions Concerning Church /State Activities). 25. TECHNICAL ASSISTANCE The RECIPIENT agrees to provide technical assistance to the SUBRECIPIENT in the form of oral and /or written guidance and on -site assistance regarding CDBG procedures and project management. This assistance will be provided as requested by the SUBRECIPIENT and at other times at the initiative of the RECIPIENT when new or updated information concerning the CDBG Program is received by the RECIPIENT and deemed necessary to be provided to the SUBRECIPIENT. 26. RECORD - KEEPING The SUBRECIPIENT shall maintain records of the receipt and expenditure of all CDBG funds, such records to be maintained in accordance with OMB Circulars A -87 and the "Common Rule" Administrative Requirements in 24 CFR 85 and in accordance with OMB Circular A -110 and A -122, as applicable. All records shall be made available upon request of the RECIPIENT for inspection /s and audit/s by the RECIPIENT or its representatives. If a financial audit /s determines that the SUBRECIPIENT has improperly expended CDBG funds, resulting in the U.S. Department of Housing and Urban Development (HUD) disallowing such expenditures, the RECIPIENT reserves the right to recover from the SUBRECIPIENT such disallowed expenditures from non -CDBG sources. Audit procedures are specified below in Section 28 of this AGREEMENT. 27. ACCESS TO RECORDS The RECIPIENT shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by the SUBRECIPIENT in implementation of this Agreement, and the SUBRECIPIENT agrees to provide all information required by any person authorized by the RECIPIENT to request such information from the �7 SUBRECIPIENT for the purpose of reviewing the same. 28. AUDIT The SUBRECIPIENT agrees to provide RECIPIENT with an annual audit consistent with the Single Audit Act of 1996, and the implementing requirements of OMB Circular A -133 "Audits of States, Local Governments and Non - Profit Institutions," and, as applicable, OMB Circular A -110 "Uniform Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Non - Profit Organizations." and, to certify and assure compliance with the financial standards as set forth in Exhibit 2 to this AGREEMENT. A. The SUBRECIPIENT agrees to provide RECIPIENT with an annual audit consistent with the requirements as stated in the first paragraph of this section above. The audit shall be completed and submitted to RECIPIENT within the earlier of 30 days after receipt of the auditor's report(s), or nine months after the end of the audit period. B. RECIPIENT will issue a management decision on audit findings within six months after receipt of the audit report and ensure that the recipient takes appropriate and timely corrective action. C. In those instances where less than $500,000 in assistance is expended from all Federal sources in any one fiscal year, and a single audit is not required, the RECIPIENT requests the following information within the same timeframe as in A., above: (1) annual financial statements, (2) independent auditor's report on internal control over financial reporting based on an audit of financial statements performed in accordance with government auditing standards, and (3) the Management Letter. D. The cost of the audit is not reimbursable from CDBG funds. E. The RECIPIENT reserves the right to recover from the SUBRECIPIENT'S non - CDBG funds any CDBG expenses which are disallowed by an audit. F. Assurance and certification by the Chief Financial Officer for the SUBRECIPIENT regarding its financial management system is attached hereto as Exhibit 2 and incorporated herein by reference. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 10 RECIPIENT EXECUTION The Hennepin County Board of Commissioners having duly approved this Agreement on , 2012 pursuant to Resolution No. 12- and the proper County officials having signed this Agreement, the Recipient agrees to be bound by the provisions herein set forth. Approved as to form and execution Assistant County Attorney Date: COUNTY OF HENNEPIN STATE OF MINNESOTA la Chair of Its County Board Date: ATTEST: Deputy Clerk of County Board Date: And: Assistant/Deputy /County Administrator Date: And: Assistant County Administrator Public Works Date: Recommended for Approval: Department Director, Housing, Community Works and Transit Date: 11 SUBRECIPIENT EXECUTION SUBRECIPIENT, having signed this Agreement, and the SUBRECIPIENT'S governing body having authorized such approval and the proper official having signed this Agreement, SUBRECIPIENT agrees to be bound by the provisions of this Agreement. By entering into this Agreement the SUBRECIPIENT certifies that it is not prohibited from doing business with either the federal government or the State of Minnesota as a result of debarment or suspension proceedings. SUBRECIPIENT: CITY OF CORCORAN (Place city seal here) By: Its: And: Its: Attest: Title: Date: DUNS # CITY MUST CHECK ONE: The City is organized pursuant to: ❑ Plan A ❑ Plan B ❑ Charter 12 SUBRECIPIENT AGREEMENT URBAN HENNEPIN COUNTY FY2012 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT 1 ACTIVITY DESCRIPTION (TABLE 3Cs) U.S. Department of Housing OMB Approval No. 2506 -0117 and Urban Development Exp. 8/31/2014) EXHIBIT 1 SUBRECIPIENT AGREEMENT A120539 URBAN HENNEPIN COUNTY 2012 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Jurisdiction's Name: Hennepin County Provider: City of Corcoran Project Title: Public Facilities Activity: Corcoran Community Center Priority Need: High Description: The City of Corcoran is building a small community center (approximately 2,000 sq. ft.) in the Maple Hills Estates mobile /manufactured home community to increase the availability and utilization of social services that city residents are eligible to receive. The community center's location would provide access to all city residents. Objective category: Suitable Living Environment Outcome category: Availability /Accessibility Location /Target Area: Corcoran (Consolidated Pool $225,000) Objective Number Project ID 11.0 29 HUD Matrix Code CDBG Citation 03E 570.201(c) Type of Recipient CDBG National Objective Government Low /Mod Clientele Start Date (mm /dd /yyyy) Completion Date (mm /dd /yyyy) 7/1/2012 12/31/2013 Performance Indicator Annual Units Public Facility 1 Local ID Units Upon Completion 1 CDBG ................................... ............................... 225000 ................................... ............................... ESG ................................... ............................... HOME ................................... ............................... HOPWA Total Formula ............................................ - .................... 225000 Prior Year Funds ................................... ............................... ................................... ............................... Assisted Housing ................................... ............................... PHA Other Funding ................................... ............................... 140530 ................................... ............................... Total 365530 The primary purpose of the project is to help: Homeless ❑ Persons with HIV /AIDS ❑ Persons with Disabilities ❑ Public Housing Needs ❑ Required Compliance Documentation (Client /Beneficiary Eligibility, Administrative Costs, Procurement, Acquisition /Relocation, Environmental Review, Davis Bacon /Labor Standards, Other) includes, but is not limited to: 1. Client /Beneficiary Eligibility 2. Davis Bacon 3. Environmental Review 4. 5. 6. 2012 CDBG Subrecipient Agreement CITY OF CORCORAN Agreement No. A120539 SUBRECIPIENT AGREEMENT URBAN HENNEPIN COUNTY FY2012 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT 2 ASSURANCE AND CERTIFICATION In connection with our responsibilities to manage the Fiscal Year 2012 Community Development Block Grant (CDBG) program funds that have been provided to our organization, we certify and assure that we are in compliance with the financial standards set forth in Federal Office of Management and Budget (OMB) Circular A -110 (Attachments F and G). Specifically, our organization's financial management system provides for the following: Accurate, current, and complete disclosure of the financial results of each federally sponsored project or program in accordance with the reporting requirements set forth in OMB Circular A -110, Attachment G (Financial Reporting Requirements). 2. Records that identify adequately the source and application of funds for federally sponsored activities. These records contain information pertaining to federal awards, authorizations, obligations, unobligated balances, assets, outlays, and income. 3. Effective control over and accountability for all funds, property, and other assets. These assets are adequately safeguarded and are used solely for authorized purposes. 4. Comparison of actual outlays with budget amounts for each grant or other agreement and, whenever appropriate or required, comparisons of financial information with performance and unit cost data. 5. Procedures to minimize the elapsed time between the transfer of funds from the county to our organization and the disbursement of funds by our organization. 6. Procedures for determining the reasonableness, allowability, and allocability of costs in accordance with the provisions of the applicable federal cost principles and the terms of the grant or other agreement. 7. Accounting records that are supported by source documentation. 8. Annual audits by a firm of independent certified public accountants to ascertain the effectiveness of the financial management systems and internal procedures that we have established to meet the terms and conditions of the federal grants and other agreements. The audits are conducted on an organization -wide basis and include an appropriate sampling of federal agreements. 9. A systematic method to assure timely and appropriate resolution of audit findings and recommendations. 2012 CDBG Subrecipient Agreement CITY OF CORCORAN Agreement No. A120539 10. Organizations (subrecipients) that receive CDBG funds from us are required to comply with the financial management standards set forth in this certification. This assurance and certification is given in connection with any and all CDBG funds received after the date this form is signed. This includes payments after such date for financial assistance approved before such date. The undersigned recognizes and agrees that any such assistance will be extended in reliance on the representations and agreements made in this assurance. This assurance and certification is binding on this organization, its subrecipients, and on the authorized official whose signature appears below. Date CITY OF CORCORAN Name of Chief Financial Officer (please print) Signature of Chief Financial Officer SUBRECIPIENT AGREEMENT URBAN HENNEPIN COUNTY FY2012 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT 3 FORMS FORM #1 Calculation To Determine Average Hourly Pay Rate For CDBG Reimbursement (rev.4/26i10) City or Agency Name: Project or Activity Name: Employee Name and Title: Annual Maximum Hours: 2080 Vacation: Holidays: Personal Leave: Total Productive Hours: 2080 Employer Paid FICA: 7.65% PERA (if applicable): 7.00% Total Employer Retirement: 14.65% Hourly Rate: Annual Salary: 0 Employer Paid: Retirement: 0 Life, Health, Dental, Disability Insurance: Total Wages and Benefits: 0 Total Productive Hours: 2080 Average Hourly Rate: $0.00 The Average Hourly Rate is Effective As of: Authorized Signature Title Date N 4t O a� c U a) (B i C a) L 0 ca a� ca m U C O (0 a) is a) Q. m E a) as a- 6 O z U N O U C O (Q Q1 U a) Q- (n Q O (6 U N a� U Q in C N O Q E R LS7 O Q m U O a a) PC a) E a=� O O a� CL C7 N m 00 m N O f6 C in >. o E Q. a E L QD O >, U Q a �D a) CD ` O O � 3 a) V) E� w O a) d a3 E t d � N � a) � 00 E O Q N O- O a� U a m O N L ai O d LL L in 0 o E z c O ice+ c E m T L E CD �' C7 � O ^o 0. 0 m � m U � E E C cn = *a 0 =U O E W a � � y .a O �L o 0 O O O O O O O O O O O O a W O O O O O O O O Z L � O C O O O O O O O Lw Q O t+ to u a u w a� c U a) (B i C a) L 0 ca a� ca m U C O (0 a) is a) Q. m E a) as a- 6 O z U N O U C O (Q Q1 U a) Q- (n Q O (6 U N a� U Q in C N O Q E R LS7 O Q m U O a a) PC a) E a=� O O a� CL C7 N m 00 m N O f6 C in >. o E Q. a E L QD O >, U Q a �D a) CD ` O O � 3 a) V) E� w O a) d a3 E t d � N � a) � 00 E O Q N O- O a� U a m O N L ai O d LL L in 0 o E z c E m �' C7 � m � U E W O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O t+ to d9 O U 0 ca O O F- 0 2 a) H O cn O d a) E f6 z a> N A O fl. E W a� c U a) (B i C a) L 0 ca a� ca m U C O (0 a) is a) Q. m E a) as a- 6 O z U N O U C O (Q Q1 U a) Q- (n Q O (6 U N a� U Q in C N O Q E R LS7 O Q m U O a a) PC a) E a=� O O a� CL C7 N m 00 m N O f6 C in >. o E Q. a E L QD O >, U Q a �D a) CD ` O O � 3 a) V) E� w O a) d a3 E t d � N � a) � 00 E O Q N O- O a� U a m O N L ai O d LL L in 0 o E z OIN CDBG Beneficiary Information (Note: This form can be used as -is by the agency providing the service or incorporate ALL data items into an agency form) Agency/ Program Name: Client/Participant Information Name of head of household (first & last): Home Address: Is your household female- headed? Yes ❑ No ❑ Is your family Hispanic? Yes ❑ No ❑ Please check the box next to the race(s) appropriate for your family: ❑ White ❑ Black/African American ❑ American Indian /Alaskan Native ❑ Asian ❑ Native Hawaiian /Other Pacific Islander What will the total family income for all members be at the end of the year? Please check the income range below that corresponds with the number of people in your family. Family Size Household Income Range - Check box that applies to your household effective 7/1/2011 1 below $17,400 $17,400 - $28,950 $28,950 - $44,950 over $44,950 2 below $19,850 $19,850 - $33,100 $33,100 - $51,400 over $51,400 3 below $22,350 $22,350 - $37,250 $37,250 - $57,800 over $57,800 4 below $24,800 $24,800 - $41,350 $41,350 - $64,200 over $64,200 5 below $26,800 $26,800 - $44,700 $44,700 - $69,350 over $69,350 6 below $28,800 $28,800 - $48,000 $48,000 - $74,500 over $74,500 7 below $30,800 $30,800 - $51.300 $51,300 - $79,650 over $79,650 8 below $32,750 $32,750 - $54,600 $54,600 - $84,750 over $84,750 Following are examples of sources of income that should be included in the above calculation: Employment ivages, self - employment, tips, unemployment compensation, Social Security'Disability payments, Public AssistanceIA4F1P, child support /alimony, interest, dividends fi-om investments, rental property income, contract for deed payments. I certify that the information on this form is accurate and complete. I authorize (_grantee /agency ) to verify this information, if necessary. Signed by Participant: Date: Warning: Section 1001 of Title 18 US. Code makes it a criminal offense to make false statements or misrepresentations to any Department of Agency of the U.S. as to matters within its jurisdiction. Effective 711/11 FORM #4 Hennepin County Environmental Assessment Information Form Note: Where information is in application and /or on file, and that information is current, it is not necessary to reproduce it here. 1. Project /program name 2. Contact person (name, phone number and email address) 3. Project site location 4. All parties having a financial stake in project 5. Current budget (both source of funds and uses of funds) 6. Project description. This will be the one /two paragraph description answering: who is involved /responsible, what will be done, where /project address, when (timeline), and why of this project. 7. Alternatives considered: why this project /site /approach, as opposed to other options; why were other approaches rejected and this one accepted. 8. Expected outcomes 9. Description of structure (if appropriate) 10. How HUD or AHIF funding will be used, e.g., property acquisition, site development, etc., and manner of funding, e.g., grant, deferred second mortgage, etc. 11. Affordability (if appropriate): term of, targeted income group and measures taken to ensure affordability 12. Zoning of project site 13. Anything else known about the history of or plans for the area surrounding the site that might affect this property /project, e.g., past flood problems, nearby historical properties, pending commercial development, etc. FORM #4, Continued 14. Traffic count: If there is a busy municipal roadway near the project site, what is the average annual daily traffic (AADT) count for the nearest line segment. (Note: This office has access to federal, state and county traffic counts, but not municipal roadway counts.) 15. Where there is a significant noise generator of any type nearby (road, railroad, etc), please provide a description of the doors, windows and other surface materials on the structural face closest to the noise generator. Examples might include: Single wooden door with storm door, casement windows with insulated glass, etc. This information is needed where exterior noise levels exceed 65 dB. 16. Are there any known (or suspected) hazardous material generator, storage or contamination sites nearby? Are there any above ground storage tanks (AST) nearby. (This information can typically be gotten from your fire or police department.) 17. If Phase I and /or 11 reports, LBP or asbestos testing reports are available, please secure a copy. 18. Are there known soil instability /settlement problems at the site or nearby? 19. Is any demolition planned? Has the property been investigated for onsite hazardous materials, uncapped wells, etc? Has the state demolition permit been applied for and received? 20. What is your "drop dead date" for receiving environmental clearance from HUD? If a public notice is required, the whole process takes approximately 8 weeks. If you have any questions about the above, please contact Mark Hendrickson, 612 -348- 2199 or mark.hendrickson @co.hennepin.mn.us. FORM #5 Urban Hennepin County Community Development Block Grant and HOME Programs Outline of Federal Labor Standards Process Prior to Construction The following labor standards process outline assumes that the development activity has been determined eligible and that the project has been or is in the process of being formally established as a Community Development Block Grant (CDBG) or HOME project. The activity is described followed by a typical time frame. 1. Developer submits to Hennepin County a project summary (memo form attached) including a list of the various trades anticipated to be employed in the project. 2. Hennepin County requests a Wage Determination off of the Internet within one day of receipt of adequate project information. 3. Davis -Bacon and Related Acts materials (Federal Labor Standards, Wage Decision and Equal Employment Opportunity data) transmitted to developer for required inclusion in bid documents package (within one day of receipt of request). 4. Developer submits proposed bid documents package to Hennepin County for review (developer determines time.) 5. Hennepin County reviews bid documents for proper inclusion of labor standards materials (two days if appropriately compiled.) 6. Developer submits two copies of complete final bid documents package at least five days prior to advertising for bids (developer determines time.) Developer will complete the National Association of Minority Contractors of Upper Midwest form provided and fax to them. The faxed transmission copy must be forwarded to Hennepin County, 7. Developer holds pre -bid orientation meeting (regarding bid process and labor standards requirements) and walk through tour of work site. (Orientation is optional but highly recommended where formal procurement procedure applies.) 8. Developer submits bids, bid summary and Section 3 documents to Hennepin County for review (developer determines time.) 9. Hennepin County determines contractor eligibility against HUD debarred and Section 3 requirements and notifies developer of outcome (one to two days.) 10. Developer awards bid to eligible contractor (developer determines time.) FORM #5, Continued Federal Labor Standards Outline Prior to Construction Start Page 2 11. Developer provides Hennepin County with bid tabulations, copies of documentation authorizing bid award (Request for Council Action and record of action taken) and copy of executed contract with labor standards language added. 12. Hennepin County, developer and contractor set a pre - construction conference date and time (as availability of participants dictates.) 13. Pre - construction conference takes place. Hennepin County briefs contractor(s) on labor standards requirements and procedure to be followed throughout contract performance period. 14. Construction begins. O: \DPUPROG \REHAB \BRL4iI \laborstandards \outline prior to construction start jan 2010.doc IMEN1O TO: Brian Kluver FROM: DATE: Hennepin County Housing, Community Works &Transit Department of Transit & Community Works Brian Kluver Principal Planning Analyst _ Housing Development Ali North Fifth Street, Sulte 320 Minneapolis, Minnesota 55401 -1362 612- 348 -7106, fax: 612- 348 -2420 brian,kiuver @co.henne pin.mn.us SUBJECT: Work Sheet for Request for Federal Wage Determination Community Y Project Name: _ Project Address: Description of Work and Construction Trades involved: Est. Advertising Date: Est, Contract Award Date: Est. Project Cost: Project Personnel (Project manager, architect, public works mgr, etc.l Names Project Role (title) Address/Phone E -mail Im FORM #7 Hennepin County CDBG Program Client Benefit Reporting Form Agency Name: Program Name: Reporting Period: Income Categories New Individuals Served this Reporting Period Year -to -Date For office use only 0 -30% "Extreme) Low" 31 -50% "Low" 51 -80% "Moderate" Subtotal 0 0 Greater Than 80% Total 0 0 Race /Ethnicity Categories Total Hispanic Ethnicity (to avoid duplication, only report people with Hispanic ethnicity in this column according the their race) Total Hispanic Ethnicity 11- White 12- Black/African American 13- Asian 14- American Indian 15- Native Hawaiian /Other Pacific Islander Note: if more than one race was checked on any individual client in -take forms, the service provider needs report the number of multiple race persons by the categories below. If none of the multiple race categories are appropriate, "other" should be used. ONLY REPORT A PERSON IN ONE CATEGORY 11-20. 16- American Indian /Alaskan Native & White 17- Asian & White 18- Black/African American & White 19- American Indian /Alaskan Native & Black/African American 20- Other Totals 0 0 0 0 Female Headed Household Describe accomplishments /outcomes during this report period (attach additional pages as need): Information provided by: (Signature) (Date) Effective 7/1/11 • O ll REAL PROPERTY VOLUNTARY ACQUISITION VOLUNTARY TRANSACTION FOR AGENCIES WITH THE POWER OF EMINENT DOMAIN REQUIRED HOME and CDBG PROGRAM DOCUMENTATION Prior to beginning any property acquisition activity a project description and proposed budget should be prepared and submitted to Hennepin County program administration to be reviewed for program eligibility. Program guidelines should be in place describing the purpose of the program, types of properties to be acquired, how the properties will be identified, whether relocation benefits are available, etc. Where a public solicitation is utilized the solicitation must specify: Sale is voluntary Deadline for response acceptance Purpose for acquiring Response must be in writing property. Any other specific criteria (i.e. owner - occupied If relocation benefits are available or vacant properties only, etc.) CHECKLIST/PROCESS OUTLINE 1. Provide informational letter to property owners describing conditions for voluntary acquisition Exhibit D. 2. Receive written response from interested property owners and determination of non - applicability of relocation benefits (where no relocation benefits apply). This may be done along with informational letter above. Note: Owner cannot waive tenant relocation benefits. If unit is tenant occupied tenant may be entitled to relocation benefits if property is acquired. As a guideline, the unit shall be vacant for at least 90 days prior to acquisition, unless terms of the rental lease state otherwise. Exhibit 2 3. Begin environmental review process. Determine level of review required, complete assessment and receive clearance from Hennepin County. Note: If a property will be demolished a legal notice must be published and a minimum 32 -day public/HUD review period is required prior to closing. 4. Determination of blight is required for scattered site slum /blight projects. If applicable, complete site review/ inspection to determine if property meets established program guidelines (property condition, estimated value, vacant or owner occupied, etc.). (Exhibit 3 5. Complete Market Rent Determination form for compliance with 570.606 (one for one replacement, Barney Frank legislation.) This must be completed prior to closing. (Exhibit 4) 6. Establish fair market value and document how the fair market value was determined. Acceptable basis for establishing value can be a written appraisal or assessor's determination of market value. 7. Optional - Submit Council resolution determining just compensation for property and authorizing staff to proceed with acquisition. (Exhibit 5) 8. Written offer to purchase and summary statement of the basis of just compensation with purchase agreement. (Exhibit 6) Provide evidence that the seller received it. 9. Check status of environmental clearance if required prior to closing. (Final date of release of environmental conditions.) 10. Copies of negotiation memoranda. 11. Signed purchase agreement. 12. Closing statement with related documents and copies of disbursement checks. 13. Copy of Deed. NOTE: Acquisition is not considered voluntary if site is located in a planned or designated project area and all the property in the area will be purchased within a specified time frame. Effective 7/1/11 FORM #9 REAL PROPERTY VOLUNTARY ACQUISITION BY AGENCIES WITHOUT THE POWER OF EMINENT DOMAIN (Nonprofits, Developers, CHDOs) REQUIRED CDBG and HOME DOCUMENTATION URA and 49 CFR part 24, subpart B VOLUNTARY ACQUISITION Documentation (sample letter) from buyer to seller that they will not acquire property if negotiations fail Documentation (sample letter) from seller to buyer stating that the sale is voluntary and that the seller waives relocation tights. FAIR MARKET VALUE Documentation that determines the fair and reasonable price See Appraisal below Offer to purchase property (sample letter) APPRAISAL Copy of appraisal. NOTE: An appraisal is not required, however, the estimate of value must be supported by documentation explaining the basis for the estimate. If the property is 'For Sale' on the open market, acceptable alternatives to an appraisal include but are not limited to; use of Realtor property marketing information (MLS) and a determination by the buyers agent that the price offered for the property is fair and reasonable or written determination by the city assessor. RELOCATION If applicable, tenant documentation (Tenants cannot waive relocation rights See relocation checklist if tenants occupy the site ) ENVIRONMENTAL You must call this office as soon as you decide to make an offer to purchase the property (Mark Hendrickson*, 612 - 348 -2199) For properties built prior to 1978 you must comply with HUD Regulation on Lead Based Paint Hazards (see attached Fact Sheet) Environmental clearance /release from HUD conditions. Clearance/Release comes from HUD for (vacant property to be developed or a site with a structure(s) to be demolished) or from Hennepin County if (there will be no change in use of the property, i.e; existing residential property for continued use as residential.) PURCHASE AGREEMENT Copies of negotiation memoranda Copy of executed purchase agreement with addendum (well and lead base paint disclosure). Closing statement, related documents and copies of disbursement checks. Copy of Deed City of Corcoran April 10, 2012 County of Hennepin State of Minnesota RESOLUTION NO. 2012 -21 9c. Motion By: Seconded By: POLICE OFFICER DECLARATION OF PERA CONTRIBUTIONS — JANE SZCZEPANIK WHEREAS, the policy of the State of Minnesota as declared in Minnesota Statutes 353.63 is to give special consideration to employees who perform hazardous work and devote their time and skills to protecting the property and personal safety of others; and WHEREAS, Minnesota Statutes Section 353.64 permits governmental subdivisions to request coverage in the Public Employees Police and Fire plan for eligible employees of police departments whose position duties meet the requirements stated therein and listed below. BE IT RESOLVED, that the City of Corcoran of Hennepin County, MN hereby declares that the position titled Police Officer, currently held by Jane Szczepanik, meets all of the following Police and Fire membership requirements: 1. Said position requires a license by Minnesota peace officer standards and training board under sections 626.84 to 626.863 and this employee is so licensed; 2. Said position's primary (over 50 %) duty is to enforce the general criminal laws of the state; 3. Said position charges this employee with prevention and detection of crime; 4. Said position gives this employee the full power of arrest and 5. Said position is assigned to a designated police or sheriff's department. BE IT FURTHER RESOLVED that this governing body hereby requests that the above -named employee be accepted as a member of the Public Employees Police and Fire Plan effective the date of this employee's initial Police and Fire salary deduction by governmental subdivision. VOTING AYE ❑ Guenthner, Ken ❑ Asleson, Rich ❑ Cossette, Tom ❑ Gmach, George ❑ Milbrandt, Rosalyn VOTING NAY ❑ Guenthner, Ken ❑ Asleson, Rich ❑ Cossette, Tom ❑ Gmach, George ❑ Milbrandt, Rosalyn Whereupon, said Resolution is hereby declared adopted on this 10th day of May 2012. ATTEST: Jeanie Heinecke — Clerk Kenneth Guenthner - Mayor Page 1 of 1 City Seal Minutes Corcoran Parks and Trails Commission Tuesday, April 17, 2012 7:00 PM 10a. Present: Commissioners Kevin Dale, Chad Robran (7:10 pm), Trish Krueger, Val Nybo, Tom Anderson, Rachel Tessmer Absent: None Others attending: Council Liaison Guenthner, City Administrator Donahue, Resident Judith Strehler 1) Convene Regular Parks & Trails Commission Meeting — Chair Krueger called the meeting to order at 7:05 pm in the Corcoran Community Center 2) Pledge of Allegiance 3) Approval of- a) Agenda. Add: i) 7b.v. Discussion on Corcoran Park field lights ii) 7b.vi. Discussion on Memorial Park Maintenance Motion by Anderson, seconded by Dale to approve the agenda as presented with additions. Voting Aye: All (Motion carried 6:0) b) Minutes of 04.17.12 Meeting. Commissioners pointed out an spelling error in 7c ( Hounty should be County). Motion by Nybo, seconded by Anderson to approve the 04.17.12 meeting minutes as presented. Voting aye: All (Motion carried 6:0) 4) Open Forum - Tessmer introduced resident Judith Strehler and stated she had recruited her as a prospective P & T commissioner [Strehler filled out an application and gave to Donahue] 5) Presentations -None. 6) Development Review a) Preliminary Plat and Final Plat Review for "MTP West Acres" for property located at 23240 County Road 50 (PID 19- 119 -23 -41 -0001) (City File 12 -006). The applicant were present. The memo from the City Planner was discussed. Motion by Nybo, seconded by Dale to accept the recommendation of City Planner regarding the Park Dedication of $3,000 in lieu of land. Voting Aye: All (Motion carried 6:0) b) Donahue took this occasion to update the Commission on the problems associated with the city obtaining title to the tax forfeited property on Creek View Circle. The council has previously approved the purchase of the property for public use. The county recently advised the city that the DNR vacated the process as the actual transfer of title needed the approval of the State Legislature due to the large percentage of wetland on the parcel. Donahue said that the DNR has this in their technical bill for the 2013 Legislative Session. 7) Old Business a) Hennepin County Youth Sports grant Update i) Equipment Grant. Donahue updated the Commission on the Batting Cage improvements. City staff had completed the ground preparations. The Corcoran Athletic Association had already purchased the netting and the cage was now usable. The Field Netting was still being researched and PW staff was getting a bid from North Star Fence. ii) Youth Sports Grant. Robran and Dale updated the discussions with the Rockford School District on the resubmission of the joint grant application in the fall of this year. A meeting was to be held on Thursday, April 19th Parks and Trails Commission Minutes, April 17, 2012 b) Park Projects. Mayor Guenthner updated Commissioners on the progress of the Roehlke property acquisition for the PW Facility and the options for the city to buy the remaining 125 acres in the future for park purposes. He said the city and the Commission need to start developing a master plan for the site. He also discussed the city's desire to engage the Three Rivers Park District in the process i) Park Signs. The Commissioners discussed the proposed three park entrance signs. They approved the text on the signs with the addition of the park hours added to each sign. They also discussed the need for a sign at the park pavilion indicating that it is reserved. Motion by Dale, seconded by Tessmer to recommend the city install such a reservation sign at the pavilion. Voting Aye: All (Motion carried 6:0) ii) Tennis Court Improvements. Donahue updated the progress in making repair to the two courts. Discussions are currently underway for a local service club to donate the cost of the repairs. iii) Playground Mulch. PW staff was installed the Fibar and the playground. Chair Krueger expressed a desire to continue looking in pos nstallation of a continuous cushioned mat for the future. iv) Fence Repair. The fence along County Roa as been repaire uto had run off the road and damaged the fence]. v) Field Lights. No information presente ahue said t e Park Superintendent was contacting the original installer of the i hting f stimate to convert to a timer system. vi) Memorial Park Maintenance. Chair Krueger the Commission on her discussions with Lawn King for landscaping maintenance s s for the park. Donahue informed the Commissioners that the maintenance funds for emorial Park were not city generated funds and were given by private parties for he expressed purpose of maintaining the park grounds. He also advised that the commission was able to procure the landscaping maw %nance without the need to go through the normal approval process. Chair Krueger said she had a bid of $727.77 for replacing the dead plantings and tending to the other planting. Also, for $70 per month, Lawn King would provide two hours per month ibr maintenance [does not include owing]. Motion by Robran, seconded by Tessmer to approve the arrangements as ined with Lawn King for the remainder of 2012. Voting Aye: All (Motion carried 6:. c) Annual Report. Commissioners made no changes to items listed in report for 2011 goals and performance. Dale said he would present to the city council. d) Commission Recruitment. Resident Judith Strehler asked the Commissioners to consider her application to appointment to the P & T Commission by the city council. Motion by Tessmer and seconded by Krueger to recommend to the city council the appointment of Judith Strehler to the P & T Commission. Voting Aye: All (motion carried 6:0) 8) New Business a) Rockford School /City Lease of Park Land. The commissioners reviewed the existing lease between the city and the Rockford School district. Robran stated that the District has indicated that they are open to amending the existing agreement if the joint Hennepin Youth Sports Grant were to be successful and improvements were to be made to either the Corcoran City Park and /or the Rockford School property adjacent to the Corcoran Park. The Commissioners expressed concern that the existing agreement contained a clause that allows for a one year notice to vacate the lease. The commissioners expressed a desire to re- negotiate to a long term fixed period if the grant funds or city funds were to be spent on the Rockford property. b) Code Enforcement Position Recruitment. Donahue updated the Commission on the process to recruit and hire a person to fill the Code Enforcement /Clerical Assistant position. Donahue said that the process is underway and the position would be filled if the city council approves by mid May. 2 Parks and Trails Commission Minutes, April 17, 2012 c) Review of city budget pertaining to parks. The Commissioners briefly discussed the PW and Parks 2012 Budget. They are interested in receiving more information on actual hours and funds spent on actual park related projects. 9) Subcommittee & Miscellaneous Reports a) City Liaison. Council Liaison and Mayor Ken Guenthner updated the Commission on the activities of the city council including the Sewer & Water Project and the Public Works Facility Project. b) Corcoran Athletic Association (CAA). Dale updated the Commission on the Athletic Association: i) 255 ball players this year ii) T -Ball is at capacity with first increase ($35) in fees since 1Very few girls have signed up this year compared to previous years iii) First ever girls travelling softball team iv) Dale noted that a high percent of T- Ballers are not Corcoran residents and speculated that our fees are a lot lower than neighboring cities. I* v) Soccer sign -ups start in June vi) Schedule on field use on CAA web page al omplete vii) The Monday - Thursday use of the ball fi e completely booked but wide open foe Friday- Sunday. c) Park dedication Fund. Reviewed by Comm no co s 10) Other Business -none 11) Announcements. Anderson informed the Commissioi. Tree Give Away Program starts on April 18fl with the trees arriving on April 18th and distri on Saturday, April 21St 12) Adjourn. Motion by Tessmer and seconded by D le to adj Voting Aye: All (Motion carried 6:0) Meeting adjourned at Next Meeting: Mayl5, 2012 at 7:00 p.m. Respectfully Submitted, Daniel Donahu City Administrator 3 "A Metropolitan Council ii Environmental Services May 3, 2012 Daniel J. Donahue City Administrator 8200 Co. Rd. 116 Corcoran, MN 55340 SUBJECT: Proposed Construction Cooperation Agreement MCES Pump Station and Force Main MCES Project Number 900445 Dear Mr. Donahue: Enclosed for the City's review are three copies of the revised Construction Cooperation Agreement. A draft has also been included that highlights recent requested changes in red. You may review and propose further changes to the terms, or seek City Council authority to execute the agreement in its current form. After the City's execution, return all originals to me for Metropolitan Council execution. We will keep two executed originals; execute more originals if the City requires more than one for its files. The Metropolitan Council's schedule to provide regional wastewater conveyance service from the proposed pump station site is contingent upon Corcoran's schedule in initiating the construction of its local wastewater collection system in the southeast district and is consistent with the City's request that regional service be available by July 2013: Activity Proposed Schedule Corcoran begins collecting SAC on building permits within its July 2, 2012 sanitary sewer service area Corcoran completes acquisition of property for MCES pump station August 31, 2012 Corcoran completes MCES force main Construction April 30, 2013 Corcoran remits to MCES SAC charges to date June 28, 2013 MCES assumes responsibility for wastewater conveyance from July 1, 2013 pump station property If any of the city's milestone dates slip, the anticipated schedule extends by at least as much, and possibly longer if more construction is pushed into a winter season. www.metrocouncil.org 390 Robert Street North • St. Paul, MN 55101 -1805 • (651) 602 -1005 • Fax (651) 602 -1477 • TTY (651) 291 -0904 An Equal Opportunity Employer Daniel Donahue May 3, 2012 Page 2 of 2 You will also notice that the schedule reflects the Metropolitan Council's requirement that the City begin to collect SAC and remit to the Council one -year prior to service initiation. My staff will schedule a "new customer orientation" meeting with the City to review these and other requirements for regional wastewater services. If you would like to discuss any of this information, please contact Wayne Rikala of my staff at 651 - 602 -1127, or Bryce Pickart at 651- 602 -1091. Sincerely, wuk�� William G. Moore General Manager, Environmental Services Cc: Roxanne Smith, Metropolitan Councilmember, District 1 Bryce J. Pickart, Assistant General Manager, Environmental Services Kent Torve, City Engineer, Wenck Associates, Inc. Phyllis Hanson, Acting Sector Representative Enclosures MC 121019 CONSTRUCTION COOPERATION AGREEMENT Between City of Corcoran and Metropolitan Council THIS AGREEMENT ( "Agreement ") is made and entered into on the day of May, 2012, by and between Metropolitan Council, a public corporation and political subdivision of the State of Minnesota ( "Council ") and the City of Corcoran, a Minnesota municipal corporation ( "City "). In the joint and mutual exercise of their powers and in consideration of the mutual covenants contained in this agreement, the parties recite and agree as follows: Recitals 1. Pursuant to Minnesota Statutes 473.504, the Council may enter into intergovernmental construction cooperation agreements to implement design and construction of facilities that will be financed, owned, operated, and maintained by Council. 2. The Council's 2030 Water Resources Management Policy Plan includes proposed wastewater treatment facilities to provide the City with an average daily wastewater conveyance capacity of 0.6 Million Gallons per Day (MGD) to the City's Southeast District. 3. The City has submitted its 2030 Comprehensive Plan Update and 2030 Comprehensive Sewer Plan. The Council has accepted the City's 2030 Comprehensive Plan Update and has approved the City's 2030 Comprehensive Sewer Plan, thereby committing to provide wastewater treatment facilities to serve the City. 4. The Council and the City have determined that it is in their best interests to enter into this Agreement in order to have the City in conjunction with a City Construction project hereinafter referred to as the "City Project" act as the Council's agent for design and construction of certain facilities for the Council, hereinafter referred to as the "Council Project ". For purposes of the Agreement, the City Project is described as follows: Construction of trunk sanitary sewer and water main in the area of the City of Corcoran between the border of Maple Grove at Hennepin County Road 10 and County Road 116. The location of the City Project is shown on Exhibit A. MC 12I019 For purposes of this Agreement, the Council Project is described as follows: A wastewater interceptor to serve Corcoran's Southeast Sanitary Sewer District. The interceptor includes a sanitary sewer force main system in a corridor about 1/3 mile in length. The force main system shall extend westerly and northerly from the Council's existing 15 -inch gravity sewer interceptor number 900440 in Maple Grove to the boundary of a future Metropolitan sewage pumping station site in Corcoran to be determined by the Council. Except as otherwise provided in Articles 1I and VIII of this Agreement, the Metropolitan sewage pumping station shall be independently designed, constructed, owned and operated by the Council and is not a part of the Council Project for the purposes of this Agreement. The location of the Council Project is shown on Exhibit A. 5. The Council and City agree that each is authorized to enter into this Agreement pursuant to Minnesota Statutes § 473.504 and § 471.59, Metropolitan Council Business Item 2010 -356 passed on October 27, 2010 and City Resolution No. passed by the City Council on May 10, 2012 and, that said, work will be carried out by the parties provided by this Agreement under the provisions of § 471.59. ARTICLE I Purpose of Agreement 1.01 The purpose of this Agreement is to set forth the terms and conditions and responsibilities of each of the parties to this Agreement with respect to specific design services and construction of the "Council Project." 1.02 The Council hereby consents to and appoints the City as its agent to perform specific design services, to acquire easements and permits for (other than regulatory permits as provided in Article IX of this Agreement), to advertise for bids for the work and construction of the Council Project, to receive and open bids pursuant to said advertisement and to enter into a contract with the lowest responsible bidder, as prescribed ahead in Article III, at the price specified in the bid of such bidder, and to construct the Council Project in accordance with Final Construction Documents as defined ahead in Article II, Section 2.02 of this Agreement. ARTICLE II Preliminary Design Services 2.01 The City will have its engineer provide preliminary engineering services for the Council Project with Tasks 1 through 3 below. The engineer will prepare and submit to Council for Council's review and acceptance, the specified preliminary design deliverables for the Council Project. Council shall provide such review to the extent feasible and reasonable, 2 MC 121019 within ten (10) business days and shall provide its acceptance or its reason for withholding such acceptance of the preliminary design deliverables to the City in writing. If Council withholds acceptance of the preliminary design deliverables, City shall make such revisions as required to obtain the Council's acceptance of the deliverables. The preliminary design deliverables for the Council Project which have been accepted in writing by the Council are referred to as the "Council Project Preliminary Design Deliverables." Task 1 - Land Surveying, Mapping and Wetland Delineation: The engineer shall prepare and deliver to the Council electronic AutoCAD® files of the Council Project corridor and the proposed future Council sewage pumping station site containing: + topographic mapping with 1 foot contour elevations • wetland delineation boundary determinations in conformance with the Minnesota Wetland Conservation Act and Section 404 of the Clean Water Act Task 2 — Contracted Geotechnical Investigation Services: Perform not less than 4 borings on the proposed Council sewage pumping station site to a depth of approximately 60 feet. Require Geotechnical firm to prepare an opinion by a Minnesota registered geotechnical engineer on the recommended construction methods suitable for the proposed Council sewage pumping station site. Provide both electronic copy in Adobe .pdf and two paper copies of the Geotechnical Engineer's report covering the proposed Council sewage pumping station site and Council Project force main corridor. Task 3 — Additional Services as directed by the Council: Only upon receipt of specific written authorization by the Council, perform related additional services for the Council Project or Council sewage pumping station, such as: • Additional contracted geotechnical investigation services • Obtain additional or extended right -of -entry to private lands • Prepare Minnesota licensed land surveyor legal descriptions of easements or fee title acquisitions + Attend meetings with Council, landowners, City of Maple Grove, Hennepin County, utility companies or other project stakeholders 2.02 The Council will provide to the City the Council's standard construction specifications and special provisions, preliminary plan and profile sketches of the Council force main, and standard details for incorporation into the City's construction contract for the Council Project. The City will prepare and submit to Council for Council's review and acceptance final construction documents which shall include the Council Project plans, specifications and 3 MC 12I019 a proposed schedule for the construction of the Council Project. Council shall provide such review, to the extent feasible and reasonable, within ten (10) business days and shall provide its acceptance or its reasons for withholding such acceptance to the City in writing. If Council withholds acceptance of the construction documents, City shall make such revisions as requested to obtain Council's acceptance. The final construction documents for the Council Project, which have been accepted in writing by the Council, are referred to as the "Council Project Final Construction Documents." The Council Project Final Construction Documents shall be included by the City in the final construction documents for the City Project ( "City Project Final Construction Documents "). ARTICLE III Bidding and Construction Contract 3.01 The City shall include in the bidding documents specific line items for construction of the Council Project. 3.02 The City will tabulate the bids and submit to the Council a recommendation for selection of the lowest responsible bidder and award of a contract. The City shall not award the contract prior to the Council having had ten (10) calendar days to review the bids and either accept the bids and the City's recommendation for selection of the lowest responsible bidder and award of contract or to reject any or all bids and the City's recommendation for a bidder and award of contract. The Council shall inform the City in writing of its acceptance or rejection as provided in the previous sentence. If the Council rejects the City's recommended selection of the lowest responsible bidder, the Council will contemporaneously provide to the City, in writing, the reasons for such rejection. If the Council rejects the award recommended by the City, this contract shall become null and void. In the event this Agreement becomes null and void in accordance with the terms of this Article III, Section 3.02, the Council shall pay to the City the costs of the Council Project Preliminary Design Deliverables, and Final Construction Documents authorized by the Council under Article II of this Agreement and expended by the City in accordance with the terms of this Agreement. 3.03 In the event that by December 31, 2012, the City has not tabulated construction bids and submitted to the Council a recommendation for selection of a bidder and award of a contract, the Council may terminate this agreement within thirty (30) days of serving notice to City of said termination as provided in Article XIV, Section 14.06. In the event this Agreement is terminated in accordance with the terms of this Article III, Section 3.03, the Council shall pay to the City the costs of the Council Project Preliminary Design Deliverables and Final Construction Documents authorized by the Council under Article II of this Agreement and expended by the City in accordance with the terms of this Agreement. 4 MC 12I019 ARTICLE IV Construction 4.01 Not less than seven (7) business days prior to commencement of the Council Project by the City, the City will give written notice to the Council of its intention to commence construction, said notice to be directed as provided in Article XIV, Section 14.06 of this Agreement. 4.02 The City will administer the Council Project contract work which is governed by the Council Project Final Construction Documents. The City will provide to the Council monthly construction reports indicating construction progress. The work of the Council Project will be inspected by the Council's Authorized Representative, but the Council's Authorized Representative will not have responsibility for the supervision of the work. If the Council reasonably determines that the work has not been properly constructed in accordance with the Council Project Final Construction Documents, the Council through its Authorized Representative shall inform the City's Authorized Representative in writing of such defects as soon as such defects are identified. The term "Authorized Representative" means, with respect to the Council, the General Manager of the Council's Environmental Services Division or his/her designee and, with respect to the City, its City Administrator or his/her designee. 4.03 As work on the Council Project progresses, the City shall require its contractor to make the corrections and/or meet the requirements of the Council Project Final Construction Documents requested by the Council through its Authorized Representative. Council Project work shall be performed in accordance with the Council Project Final Construction Documents. The City's Authorized Representative will inform the Council in writing of completion of construction of the Council Project and will provide final pay quantity documentation. Upon being informed of completion of the Council Project, the Council will inform the City in writing whether the Council Project does or does not conform to the Council Project Final Construction Documents. The Council will further inform the City of the specific reasons for non - conformance to the Council Project Final Construction Documents and what steps, in the opinion of the Council, must be taken by the City to make the Council Project conform to the Council Project Final Construction Documents. 4.04 The final decision on conformance of the Council Project to the Council Project Final Construction Documents will be made by the Council. Evidence of acceptance of the completed Council Project will be in writing by letter from the Council's Authorized Representative. The Council will not unreasonably withhold the determination that the construction of the Council Project conforms to the Council Project Final Construction Documents of the Council Project. E MC 12I019 ARTICLE V Amendments 5.01 The City will submit any proposed amendments to or material changes in the approved Council Project Final Construction Documents including the schedule to the Council for review and acceptance by the Council, which approval will not be unreasonably delayed or withheld and which acceptance or rejection shall be in the form of a letter or email from the General Manager, Environmental Services or his/her designee. Such amendments or material changes to the Council Project Final Construction Documents must be submitted to the Council at least ten business (10) days prior to the implementation of such change or amendment. The City agrees that it will not proceed with amendment to or changes in the Council Project Final Construction Documents including the construction until the Council has consented to such change in accordance with its procedures including approval by the Council's governing body if required by Council's procedures and has approved such change in writing as evidenced by letter to the City from the Council's Authorized Representative. 5.02 The Council may submit to the City amendments or material changes in the Council Project Final Construction Documents. The City shall incorporate such amendments or changes into the Council Project Final Construction Documents and shall construct the Council Project in accordance with such amendments or changes if the City determines the amendments or changes do not interfere with the City's project. The costs of such amendments or changes to the Council Project Final Construction Documents shall be paid for by the Council in accordance with Article VI of this Agreement. ARTICLE VI Payment for Council Project 6.01 The estimated total cost for the Council Project as shown in greater detail on Exhibit B is Seven Hundred Thousand and 00/100 Dollars ($700,000.00), which total cost includes all costs for design, land acquisition and construction, including professional services but, excluding legal services as provided in this Article VI, Section 6.07 below. 6.02 Within thirty (30) calendar days after execution of this Agreement, Council shall transfer to City a thirty thousand dollar ($30,000) advance payment for a portion of the estimated professional services costs for design and bid /award phases of the Council Project work. Costs incurred performing activities described in Article II pre- dating this agreement but no earlier than November 1, 2011 and used to produce deliverables subsequently approved by the Council are eligible for reimbursement pursuant to the terms of this Agreement. Thereafter, the Council shall reimburse the City for eligible costs based on monthly invoices and progress reports as provided ahead in this Article VI. 6.03 Within thirty (30) calendar days after execution of the award of the construction contract by the City, in accordance with the terms of this Agreement, the Council shall deposit with the City a deposit of ten thousand dollars ($10,000.00) for the estimated costs for G1 MC 12I019 construction and construction phase engineering and inspection costs. Thereafter, the Council shall reimburse the City for these costs based upon monthly invoices and progress reports as provided ahead in this Article VI. 6.04. Subsequent to acceptance of the bids and execution of a construction contract by the City in accordance with the terms of this Agreement, the Council will reimburse the City for the eligible, reasonable and verifiable costs of design and construction of the Council Project not more frequently than monthly in accordance with invoices submitted by the City based on the progress of the design and construction of the Council Project in accordance with the terms of this Agreement for review and approval of the invoices by the Council provided, however, that before submitting invoices for design and construction costs, City shall first expend the advanced payments made by Council to City pursuant to Sections 6.02 and 6.03 of this Agreement. The Council shall have fifteen (15) calendar days from receipt of such invoice to contest the amount due. The Council shall reimburse the City within thirty (30) calendar days of expiration of the Council's 15 day review period for any uncontested costs. 6.05 At the completion of the Council Project, the City's Authorized Representative shall submit to the Council the City's final estimate ( "Final Estimate ") for the Council Project and an invoice showing the Council's final share in the reasonable, eligible and verifiable costs for the Council Project. The Council shall have forty -five calendar (45) days from the receipt of the Project Engineer's Final Estimate to review and contest the amount due. The amount due shall be final, binding and conclusive upon expiration of the aforesaid forty -five (45) day examination period unless the Council has contested the amount pursuant to this paragraph. 6.06 In the event the City's Authorized Representative determines the need to amend the contract with a supplemental agreement or change order in accordance with Article V of this Agreement which results in an increase in the contract amount, the Council hereby agrees to remit the Council's share as documented in the supplemental agreement or change order upon completion of the Council Project and acceptance of the Council Project by the City in accordance with the terms of this Agreement and submittal to the Council of the City's Authorized Representative's Final Estimate for the Council Project showing the Council's final share in the supplemental agreement or change order. 6.07 The parties agree that the Council will not reimburse the following costs to the City: Legal services other than legal services associated with acquisition of property rights, as provided in Article VIII, Section 8.02 of this Agreement, City administrative costs and other City staff costs. 7 MC 12I019 ARTICLE VII Entry Upon Property For purposes of construction of the City and Council Projects, the City and Council may each enter upon the property or property interests owned by the other party in conjunction with construction of the City Project and the Council Project. ARTICLE VIII Acquisition of Property Rights 8.01 The City shall be responsible for the acquisition of the property rights in the form of permanent and temporary easements necessary for the construction, operation and maintenance of the Council Project (and fee title, when directed in accordance with Article II, Section 2.01, the Council sewage pumping station project), including acquisition by eminent domain, if necessary. The City shall acquire such permanent easement rights in the name of the Metropolitan Council, or if acquired in its own name, shall acquire the right to transfer and shall transfer such rights to the Council. The permanent easements shall contain the terms and conditions of the easement attached hereto as Exhibit C and shall be in recordable form. 8.02 The City shall be responsible for all payment of costs associated with the acquisition of the property rights as described in Article VIII, Section 8.01 above, including but not limited to survey costs, appraisals, and right -of -way professional costs, legal services, expert and other fees associated with eminent domain which costs shall be reimbursed by Council in,accordance with invoice procedures provided in Section VI of this Agreement. 8.03 Prior to start of acquisition of property rights for the Council's Project, City shall submit to Council's Authorized Representative for Council's review and acceptance, an acquisition plan including surveys and estimated costs of acquisition based upon appraised values and the City's costs of implementing and completing the acquisition plan. Unless otherwise agreed to in writing by the Council's Authorized Representative, the Council cost for the shared utility corridor extending between about Station 5 +00 and 15 +28 as shown on Exhibit D shall be fifty percent of the pro -rata costs of the actual the permanent and temporary easements within that corridor. The City shall not exceed the above estimated cost of acquisition of property rights without the written consent of the Council's Authorized Representative. 8.04 On date of transfer of title to the property rights as described in Article VIII, Section 8.01 above, the City shall provide the Council, upon the Council's request, certification by the City that as of the date of transfer of title, the City has received no notice of communication from any local, State of Minnesota, or federal agency official stating that the construction of sanitary sewers within the described properties will be in violation of any local, state or federal environmental law, regulation or review procedure, which would give any person a valid claim under the Minnesota Environmental Rights Act. 8 MC 12I019 8.05 The City agrees that the City has the obligation to convey to the Council the properties described in Article VIII, Section 8.01 above free of hazardous substances, as that term is defined in federal, state and local law, and shall provide to the Council or, if the Council so requests in writing, the opportunity, prior to the transfer of title to said properties, for the Council to reasonably assure itself that the properties are free of hazardous substances. The Council, in its sole discretion, may refuse to accept title to any of the properties if the Council determines that such properties contain hazardous substances. 8.06 The Council is aware that in the future, the City may seek permission to encroach on the Councils' permanent easement with a public road that would cross in an east to west direction approximately 350 feet north of CSAH 10 along the line Brockton Lane extended north. Council will consider issuing an encroachment permit in accordance with its customary practice at the time details of the encroachment's construction are presented in a permit application. ARTICLE IX Permits Council shall apply for and secure necessary regulatory permits and approvals for the Council Project, including the Minnesota Pollution Control Agency ( "MPCA ") sewer extension permit and environmental review approval. The City shall assist the Council in obtaining the MPCA sewer extension permit and environmental review approval. The City shall not award the construction contract(s) until all regulatory permits and approvals for the Council Project have been obtained by the Council and copies provided by the Council to the City. ARTICLE X Records/Reproducible Drawings All records kept by the Council and the City with respect to the Council Project shall be subject to examination by the representative of each party hereto. All data collected, created, received, maintained or disseminated for any purpose by the activities of the City and the Council pursuant to this Agreement shall be governed by Minnesota Statutes chapter 13, as amended, and the Minnesota Rules implementing such act now in force or hereinafter adopted. ARTICLE XI Ownership, Warranties and Guarantees 11.01 Upon completion of the construction and acceptance of the Council Project by the Council pursuant to this Agreement, the Council Project and all associated warranties and guarantees provided by the construction contractors and subcontractors associated with the Council Project shall be assigned by the City to the Council and shall become the property of the Council. All operation, maintenance, restoration, repair or replacement required for the Council Project thereafter shall be performed by the Council. M MC 121019 11.02 At the time of completion of construction of the Council Project in accordance with the terms of this Agreement, the Council Project shall be considered to be a metropolitan interceptor which is part of the Metropolitan Disposal System. ARTICLE XII Employees 12.01 All employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the Council, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged, on any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of the Council. 12.02 All employees of the Council and all other persons engaged by the Council in the performance of any work or services required or provided for herein to be performed by the Council shall not be considered employees of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged, on any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of the City. ARTICLE XIII Liability 13.01 Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by the law and shall not be responsible for the acts of the other party and the results thereof. The City's and the Council's liability is governed by the provisions of Minnesota Statutes chapter 466. 13.02 The City and the Council each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self insurance program and have minimum coverage consistent with the liability limits contained in Minnesota Statutes chapter 466. 13.03 The City further agrees that any contract let by the City for the performance of the Council Project as provided herein shall include clauses that will: 1) require the contractor to defend, indemnify, and save harmless the Council, its officers, agents and employees from claims, suits, demands, damages, judgments, costs, interest, expenses, including, without limitation, reasonable attorney fees, witness fees, and disbursements incurred in defense thereof arising out of or by reason of the negligence of said 10 MC 12I019 contractor, its officers, employees, agents or subcontractors; 2) require the contractor to provide and maintain insurance as required in the contract documents between the City and the contractor and to provide the Council, also as required in the contract documents between the City and the contractor, with Certificates of Insurance naming the Council as additional insured; and 3) require the contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement. ARTICLE XIV General Provisions 14.01. It is understood and agreed that the entire Agreement between the parties is contained herein and the addendums and exhibits hereto and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. The Recitals and all items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 14.02 Applicable provisions of Minnesota State law, federal law and of any applicable local ordinances shall be considered a part of this Agreement as though fully set forth herein. Specifically, the City agrees to comply with all federal, state and local applicable laws and ordinances relating to nondiscrimination, affirmative action, public purchases, contracting employment, including worker's compensation and surety deposits required for construction contracts. 14.03 The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to the parties. One or more waivers by said party of any provision term, condition or covenant shall not be construed by the other parties as a waiver of a subsequent breach of the same by other parties. 14.04. The covenants of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. 14.05. This Agreement is entered into in and under the laws of the State of Minnesota and shall be interpreted in accordance therewith. I1 MC 12I019 14.06. Any notice or demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent certified mail or delivered in person to the other party addressed as follows: General Manager Environmental Services Metropolitan Council 390 North Robert Street St. Paul, MN 55101 City Administrator City of Corcoran 8200 Co Rd 116 Corcoran, MN 55340 14.07 The parties to this Agreement acknowledge and agree to the following: a) This Agreement addresses certain of the rights and obligations to the parties under Minnesota Statutes, chapter 473, but this Agreement is not intended to be a complete description of all rights and obligations of the parties with respect to each other that may exist under such chapter or other provisions of law. b) Future changes in Minnesota Statutes, chapter 473, and other applicable law may modify the rights and obligations of the parties with respect to each other and such changes in law shall take precedence over any provisions of this Agreement that may be inconsistent and irreconcilable with such changes. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. METROPOLITAN COUNCIL By: Title: Regional Administrator Date: CITY OF CORCORAN By: _ Title: Date: 12 LIST OF EXHIBITS Exhibit A Location of City Project and Council Project Exhibit B Estimated Total Cost for Council Project Exhibit C Form of Permanent Easement Exhibit D Council Project Permanent and Temporary Easement Cost Responsibility CL AS 43 (r . 7 0 LA jai PSI lllHoldew L 6 c IN L2 Z; LL cL 4 zj m qj -T A u % U, c. Z a 2A. 9LI PH Ajullo� c) a V CL UMIV�. x w LU 0 c) 0 Q U- 0 CL EXHIBIT B Estimated Costs for Council Project Engineering, Land, Legal $252,000 Council Project Construction $400,000 Contingencies $48,000 Total Estimated Cost $700,000 Note: Total estimated cost includes all costs for design, land acquisition, and construction, including professional services, but excluding City administrative costs, other City staff costs and legal services other than legal, services associated with acquisition of property rights as provided in Article VIII, Section 8.02. Exhibit C Form of Permanent Easement EASEMENT THIS INSTRUMENT is made this day of 201, by and between _ , a , of the State of Grantor, and the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota, grantee; WITNESSETH, that Grantor, the owner of the property described in Exhibit A, in consideration of One Dollar and other good and valuable consideration to them in hand paid, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to Grantee, its successors and assigns, the following described easement[s] for sanitary sewer purposes which easement[s] are located on the property described in Exhibit A: Permanent Easement See Exhibit A attached hereto and incorporated herein for legal description of permanent sanitary sewer easement. The above - described easement[s] include[s] the right of Grantee, its employees, agents and contractors to do whatever is necessary for enjoyment of the rights granted herein including the right to enter and grade and excavate the easement area[s] for purposes of constructing, operating, maintaining, altering, repairing, replacing and /or removing said sanitary sewers. The permanent easement further includes the following rights: (a) the right to cut, trim, or remove from the easement area[s] trees, shrubs, undergrowth or other vegetation as in the Grantee's judgment unreasonably interfere with the use of the easement[s] herein by Grantee, its successors and assigns, provided that Grantee shall take all reasonable precautions to prevent any damage to the property subject to this [these] easement[s]; and (b) the permanent right of access over and across the Grantor's property described in Exhibit A to the permanent easement area. Subsequent to the date of the easement[s] as written above, Grantor, its heirs, successors and assigns, will not erect, construct, or create any building, improvement, obstruction, perpendicular utility crossing, or structure of any kind, either above or below the surface of the easement areas] or plant any trees, or stockpile construction debris or construction equipment, or change the grade thereof of the easement area[s] without the express written permission of the Grantee. Subsequent to initial construction, and provided that the grade is not changed, and that reasonable access for sanitary sewer, maintenance and repair is maintained, the following improvements by Grantor, its heirs, successors and assigns do not require Grantee's written approval: fences, parking lots, perpendicular street and driveway crossings, landscaping, bushes, and shrubs. However, Grantee will not be responsible for and will not pay for the loss of or any damage to or replace or restore the following items within the easement area[s]: shrubs, bushes, or landscaping, except grass and sod. EXHIBIT C Exhibit C Form of Permanent Easement Unless otherwise agreed to in writing by Grantor, Grantee will make reasonable efforts to restore the easement area[s] including soil compaction to 95% of standard proctor density, matching the original surface grade as far as practicable, and restoration of the surface to like condition, either grass seeding or sodding, either paved or gravel surface restoration. Further, Grantee will restore any fencing that Grantee has removed or damaged in connection with Grantee's use of the easement area[s]. Grantor covenants that it is the lawful owner and is in lawful possession of the above described real estate and has lawful right and authority to convey and grant the easement[s] described herein. The provisions and conditions of this Easement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns, and shall constitute a covenant running with the land. STATE OF COUNTY OF } } ss. } GRANTOR: On the day of , 201_, before me a notary public within and for said County, personally appeared named in the foregoing instrument, and acknowledged that said instrument was signed on behalf of said a Board of Directors and the free act and deed of said corporation. corporation by authority of its acknowledged said instrument to be Notary Public EXHIBIT C Exhibit C Form of Permanent Easement GRANTEE: METROPOLITAN COUNCIL By: Its: Regional Administrator STATE OF ) ) ss. COUNTY OF ) On the day of 2012, before me a notary public within and for said County, personally appeared , named in the foregoing instrument, and acknowledged that said instrument was signed on behalf of said Metropolitan Council, a public corporation and political subdivision of the State of Minnesota and acknowledged said instrument to be the free act and deed of said corporation. Notary Public DRAFTED BY: Jeanne K. Matross License No. 68615 Office of General Counsel Metropolitan Council 390 Robert Street North St. Paul, MN 55101 -1805 651 - 602 -1108 EXHIBIT C Z � a S Y n M b s Y S ap Y 6 as n B k of avoti mNnw M r . ........... CS i a t�— c' c- �t.i v f L— rt LfJ �+ 1 -1�L 0 C: M s I`, S[A t�s u Lly 3 III aJAI m 2 x LLI EXHIBIT D .:: TO: Dan Donahue FROM.: Vince Vander Top DATE: May 3, 2012 (Update from April 19) Wenck Associates, Inc. 1800 Pioneer Creek Ctr. P.O. Box 249 Maple Plain, MN 65359 -0249 (763) 479 -4200 Fax (763) 479 -4242 E -mail: wenckmp@wenck.com SUBJECT: Trail Haven, Foxline, and Treeline Street Project; Updated to include Trail Haven (CR -10 to Oakdale) and Circle, Meadow, and Sicora Lanes and a Spring 2013 Construction Schedule, The City Council requested information regarding a process to potentially improve Trail Haven Road (between CR -10 and Oakdale), Foxline and Treeline Drives, and Circle, Meadow, and Sicora Lanes. In response to this request, this memo includes a cost estimate, possible assessment and other revenue sources, a possible project schedule based on 2013 construction, and a cash flow analysis for the project. We will present this information at the next Council meeting. Further direction can be determined after Council discussion. Cost Estimate The estimated street improvement expense breakdown is summarized in the table below. The number of lot equivalents (LEs) along each street is also shown. ESTIMATED STREET IMPROVEMENT COSTS ROAD CONSTRUCTION INDIRECT (20 %) TOTAL DIRECT ACCESS LEs Trail Haven Road (CR 10 to CR 30) $695,000 $139,000 $834,000 36 Foxline Drive $305,000 $61,000 $366,000 21.5 Treeline Drive $105,000 $21,000 $126,000 7 Trail Haven Road (CR 30 to Oakd) $370,000 $74,000 $444,000 11 Circle, Meadow, & Sicora Lanes $272,000 $55,000 $327,000 19 $1,747,000 $350,000 $2,097,000 94.5 More detailed cost estimates are attached to this memo. Assessments Direct access and side street access lot equivalents were determined for properties adjacent to each street in the proposed project area. Assessment values of $12,000 per direct access LE and $' ),000 per side street access LE were utilized in this example. A $12,000 assessment per lot for Foxline and Treeline equates to approximately 70% of the total cost to improve these streets. In the past, the City has assessed 70% of local street improvements. The remaining 30% has been covered by the City through City general budget items and Public Works staff labor. The City will need to ultimately determine assessment amounts and policy. The amounts used in this memo are used to illustrate and complete this scenario. Assessment revenues are shown in the following table. ROAD Trail Haven Road (CR 10 to CR 30) Foxline Drive Treeline Drive Trail Haven Road (CR 30 to Oakd) Circle, Meadow, & Sicora Lanes ASSESSMENTS DIRECT SIDE STREET MSA ELIGIBLE AMOUNT CITY CONTRIBUTION ASSESSMENT ASSESSMENT Trail Haven Road (CR 10 to CR 30) $834,000 SIDE STREET $834,000 ($517,500) TOTAL DIRECT ACCESS LEs TO ($12K /LE) ($3K /LE) ASSESSMENT ACCESS LEs $84,000 $0 $42,000 Trail Haven Road (CR 30 to Oakd) $444,000 TRAIL HAVEN $444,000 ($187,000) Circle, Meadow, & Sicora Lanes 36 - $432,000 $0 $432,000 21.5 21.5 $258,000 $64,500 $322,500 7 7 $84,000 $21,000 $105,000 11 - $132,000 $0 $132,000 19 19 $228,000 $57,000 $285,000 64.5 28.5 $1,134,000 $142,500 $1,276,500 The table below compares the project expenses with the revenue sources. This project should result in an anticipated surplus of around 5365,700 after assessment dues and state aid funds are included. Any adjustments to the improvement or amount of the assessments will impact the end result. EXPENSES REVENUES TOTAL ASSESSMENT MSA ELIGIBLE AMOUNT CITY CONTRIBUTION ROAD TOTAL Trail Haven Road (CR 10 to CR 30) $834,000 $517,500 $834,000 ($517,500) Foxline Drive $366,000 $258,000 $0 $108,000 Treeline Drive $126,000 $84,000 $0 $42,000 Trail Haven Road (CR 30 to Oakd) $444,000 $187,000 $444,000 ($187,000) Circle, Meadow, & Sicora Lanes $327,000 $228,000 $0 $99,000 $2,097,000 $1,274,500 $1,278,000 ($455,500) The Trail Haven (CR 10 to CR 30) project results in a Net City Street Fund gain of $' )67,500. The Trail Haven (CR 30 to Oakdale) project results in a Net City Street Fund gain of 588,000. The combined gain equals $455,500. The current Corcoran Municipal State Aid (MSA) construction account balance is approximately $182,000. The 2012 construction allotment to Corcoran will be $234,000. The City's remaining obligation for CR -19 is approximately $136,000 (scheduled payment in January 2013). y Therefore, a total of $280,000 would be available toward Trail Haven construction. We contacted the MSA office and verified that the City would be able to advance the necessary MSA funds to fund the Trail Haven improvements as shown above. The City would advance over four years of MSA funding. The fund advance limit is five years; therefore, the City would approach the MSA funding limit with this level of project. Project Schedule Previous schedules discussed by Council considered the start of construction in 2012. The following project schedule allows for the construction to begin in the spring of 2013. POSSIBLE STREET PROJECT SCHEDULE 7 ITEM DATE Consider Project Scope May 10, 2102 Determine Assessment Amount /Policy: Local and Collector Roads May —June, 2012 Coordinate with State Aid May —June, 2012 Neighborhood Meeting June 14, 2012 Order Feasibility Report June 28, 2012 Accept Report, Order Public Hearing July, 2012 Public Hearing, Order Plans & Specs September, 2012 Approve Plans & Specs, Authorize Bids December, 2013 Receive Bids January, 2013 Review Bids & Assessments, Award Project Feb /Mar, 2013 Start Construction Apr /May, 2013 Assessment Hearing October, 2012 Complete Construction October, 2013 This schedule is less aggressive than the previous schedule which assume a late fall 2012 construction start. This schedule assumes that all grading, drainage (culvert), gravel and paving improvements would be completed in the fall of 2013. The City could still consider paving the road bituminous wear course in 2014. Proiected Cash Flow Summarized in the table below is a general outline of the cash flow required to finance the project. PROJECTED CASH FLOW DATE ACTIVITY EXPENSE REVENUE BALANCE Indirect cost for design and May - Feb /Mar 2013 public process. This cost would $175,000 $ {175,000) be incurred from project inception up thru the bid After the bid /Contract award: March 2013 Encumber State Aid funds (95 %) $1,214,100 $1,039,100 Issue assessment bonds $1,274,500 $2,313,600 Construction costs will be $1,747,000 $566,600 realized in summer of 2013 April to Nov. 2013 Indirect costs for construction engineering and public process $175,000 $391,600 would be incurred in fall and spring The project would be closed in Spring 2013 p g the spring /summer of 2013. $63,900 $455,500 The final 5% of MSA funds would be collected. Collect assessments /Pay bond. Assessments would be collected 2013 -2023 over a 10 -year period (for $1,274,500 $1,274,500 $455,500 example) and used to make bond payments. Cash flow is important as the City considers funding the project and building a reserve for future street improvements. The City is able to build a street improvement fund through this project. Trail Haven Road would be funded primarily via the MSA construction allotment. Properties benefiting along Trail Haven would still be assessed based on the benefit received and similar to other properties not along a state aid street. Trail Haven (10 to 30} Street Length (LF) Street Width Bit. (LF) Street Width Incl. shoulder Pavement Section 2" Wear Course 2" Base Course 12" Aggregate Base, CL5 3.5" Shoulder, CL2 Geotextile Fabric 4" Drain Tile (10%) 12" Select Granular (10 %) 5850 24 32 12'lane,4'shoulder Bid No. Bid Item Est. Quantity Units 1 Mobilization 1 LS 2 Traffic Control 1 LS 3 Common Excavation 8100 CY 4 Base Course Pavement 1900 IN 5 Wear Course Pavement 1900 IN 6 Bituminous Tack Coat Material 800 GAL 7 3.5' Aggregate Shouldering, CL2 IOSD IN 8 Aggregate Base, CL5 10900 IN 9 Geotextile Fabric 15600 Sy 10 Select Granular Borrow 1100 IN 11 4" Drain Tile 585 LF 12 Tie -in Driveway Approaches 13 EA 13 Culverts 500 LF 14 Pavement Markings i LS 15 Restoration 1 LS 16 Erosion Control 1 LS Est. Unit Price Est. Cost $25,000.00 $25,000.00 $5,000.00 $5,000.00 $12.00 $97,200.00 $62.00 $117,800.00 $65.00 $123,500.00 $3.00 $2,400.00 $25.00 $26,250.00 $12.00 $130,800.00 $1.50 $23,400.00 $15.00 $16,500.00 $8.00 $4,680.00 $2,500.00 $32,500.00 $30.00 $15,000.00 $2,500.00 $2,500.00 $5,000.00 $5,000.00 $2,500.00 $2,500.00 Subtotal $630,030.00 10% Contingency $63,003.00 $693,033.00 20% Indirect Costs $138,606.6D Est. Total Cost $831,639.60 Foxline Dr Street Length (LF) Street Width Bit. (LF) Street Width incl. shoulder Pavement Section 2700 24 26 1.5" Wear Course 12' lane, 1'shoulder 2" Base Course 8" Aggregate Base, CI-5 3.5" Shoulder, CL2 Geotextile Fabric 4" Drain Tile (10 %) 12" Select Granular (100A) Did o. Bid Item Est. Quantity Units 1 Mobilization 1 LS 2 Traffic Control 1 I.S. 3 Common Excavation 2600 CY 4 Base Course Pavement 900 TN 5 Wear Course Pavement 675 TN 6 Bituminous Tack Coat Material 375 GAL 7 3.5" Aggregate Shouldering, CL2 125 TN 8 Aggregate ease, CLS 3350 TN 9 Geotextile Fabric 7200 SY 10 Select Granular Borrow 500 TN 11 4" Drain Tile 270 LF 12 Tie -Tn Driveway Approaches 22 EA 13 Culverts 300 LF 14 Restoration 1 LS 15 Erosion Control 1 LS Est. Unit Price Est, Cost $12,500.00 $12,500.D0 $2,000.00 $2,000.00 $12.00 $31,200.00 $62.00 $55,800.00 $65.00 $43,875.00 $3.00 $1,125.00 $25.00 $3,125.00 $11D0 $40,200.00 $1.50 $10,800.00 $15.00 $7,500.00 $8.00 $2,160.00 $2,500.00 $55,000.00 $30.00 $91000,00 $2,500.00 $2,500.00 $1,500.00 $1,500.00 Subtotal $278,285.00 10% Contingency $27,828.50 $306,113.50 20% Indirect Costs $61,222.70 Est. Total Cost $367,336.20 Treeline Dr Street Length (LF) Street Width Bit. (LF) Street Width ind. shoulder Pavement Section 1.5" Wear Course 2" Base Course 8" Aggregate Base, CLS 3.5" Shoulder, CL2 Geotextile Fabric 4" Drain Tile (10 %) 12" Select Granular (10 %) 900 24 26 12' lane, 1' shoulder Bid No. Bid Item Est. Quantity Units 1 Mobilization 1 LS 2 Traffic Control 1 LS 3 Common Excavation 900 CY 4 Base Course Pavement 300 TN 5 Wear Course Pavement 225 TN 6 Bituminous Tack Coat Material 125 GAL 7 3.5" Aggregate Shouldering, CL2 40 TN 8 Aggregate Base,CL5 1150 TN 9 Geotextile Fabric 2400 SY 10 Select Granular Borrow 175 TN 11 4" Drain Tile 90 LF 12 Tie -in Driveway Approaches 7 EA 13 Culverts 100 LF 14 Restoration 1 LS 15 Erasion Control 1 LS Est. Unit Price Est. Cost $5,000.00 $5,000.00 $1,000.00 $1,000.00 $12.00 $10,800.00 $62.00 $18,600.00 $65.00 $14,625.00 $3.00 $375.00 $25.00 $1,000.00 $12.00 $13,800.00 $1.50 $3,600.00 $15.00 $2,625.00 S8.00 $720.00 $2,500.00 $17,500.00 $30.00 $3,000.00 $2,000.00 $2,000.00 $1,000.00 $1,000.00 Subtotal $95,645.00 10% Contingency $9,564.50 $105,209.50 20% Indirect Costs $21,041.90 Est. Total Cost $126,251.40 Trail Haven (30 to Oakdale) Street Length (LF) 2700 Street Width Bit. (LF) 24 Street Width Incl, shoulder 32 Pavement5ection 2" Wear Course 2" Base Course 12" Aggregate Base, CLS 3.5" Shoulder, CL2 Geotextile Fabric 4" Drain Tile (10 %) 12" Select Granular (10 %) 12' lane, 4' shoulder Bid No. Bid Item Est. Quantity Units 1 Mobilization 1 LS 2 Traffic Control 1 LS 3 Common Excavation 3700 CY 4 Base Course Pavement 875 TN 5 Wear Course Pavement 875 TN 6 Bituminous Tack Coat Material 375 GAL 7 3.5" Aggregate Shouldering, CL2 500 TN 8 Aggregate Base, CL5 5000 TN 9 Geotextile Fabric 7200 SY 10 Select Granular Borrow 500 TN 11 4" Drain Tile 270 LF 12 Tie-in Driveway Approaches 11 EA 13 Pavement Markings 1 LS 14 Culverts 300 LF 15 Restoration 1 L$ 16 Erosion Control 1 LS Circle, Meadow, and Sicora Ln Street Length (LF) 2250 Street Width Bit. (LF) 24 Street Width Incl. shoulder 26 Est. Unit Price Est. Cost $15,000.00 $15,000.00 $3,000.00 $3,000.00 $17.00 $62,900.00 $65.00 $56,875.00 $70.00 $61,250.00 $3.00 $1,125.00 $25.00 $12,500.00 $12.00 $60,000.00 $1.50 $10,800.00 $15.00 $7,500.00 $8.00 $2,160.00 $2,500.00 $27,500.00 $2,500.00 $2,500.00 $30.00 $9,000.00 $2,500.00 $2,500.00 $1,500.00 $1,500.00 Subtotal $336,110.00 10% Contingency $33,611.00 $369,721.00 20% Indirect Costs $73,944.20 Est. Total Cost $443,665.20 Pavement Section 1.5" Wear Course 12' lane, 1'shoulder 2" Base Course 8" Aggregate Base, CLS 3.5" Shoulder, CL2 Geotextile Fabric 4" Drain Tile (10%) 12" Select Granular (10 %) Bid No. Bid Item Est. Quantity Units Est. Unit Price Est. Cost 1 Mobilization 1 LS $10,000.00 $10,000.00 2 Traffic Control 1 LS $2,500.00 $2,500.00 3 Common Excavation 2200 CY $17.00 $37,400.00 4 Base Course Pavement 725 TN $65.00 $47,125.00 5 Wear Course Pavement 550 TN $70.00 $38,500.00 6 Bituminous Tack Coat Material 300 GAL $3.00 $900.00 7 3.5" Aggregate Shouldering, CL2 100 TN $25.00 $2,500.00 8 Aggregate Base, CLS 2800 TN $12.00 $33,600.00 9 Geotextile Fabric 6000 SY $1.50 $9,000.00 10 Select Granular Borrow 425 TN $15.00 $6,375.00 11 4" Drain Tile 225 LF $5.00 $1,800.00 12 Tie -in Driveway Approaches 19 EA $2,500.00 $47,500.00 13 Culverts 200 LF $30.00 $6,000.00 14 Restoration 1 LS $2,000.00 $2,000.00 15 Erosion Control 1 LS $1,500.00 $1,500.00 Subtotal $246,700.00 10°x6 Contingency $24,670.00 5271,370.00 20% Indirect Costs $54,274.00 Est. Total Cost $325,644.00 Wenck TO: Dan Donahue FROM: Vince Vander Top DATE: May 3, 2012 SUBJECT: Review of 1990's assessment policy Wenck Associates, Inc. 1800 Pioneer Creek Ctr. P.O. Box 249 Maple Plain, MN 55359 -0249 (763) 479 -4200 Fax (763) 479 -4242 E -mail: wenckmp @wenck.com The City's current assessment policy is attached. Based on our review and understanding, the original policy was completed in 1990 and revisions are noted as late as September, 1995. The following observations were made in our review of the policy. 1. The City maintains the ability to assess projects by lot equivalents, front foot, or other equitable assessable unit. See Section III B. Assessment Rates 2. Cemeteries cannot be assessed. See Section III F. Properties Not Assessed. Previous draft assessment rolls for Trail Haven included a %2 assessment unit for the Church of St. Thomas Cemetery at the corner of 93rd Avenue and Trail Haven Road. 3. Local Street Improvement costs are to be assessed at a 100% rate. See Section III HA. Past improvements on Hage Drive and Chisholm Trail were not assessed at a 100% rate. The city assumed generally 30% of the cost via Public Works labor and materials. Generally 70% of the project costs were assessed. 4. Collector Roads are not assessed at a 100% rate. Instead, the equivalent cost for a residential street is assessed. See Section III H.6. It is assumed that collector roads are constructed to a higher standard than residential streets. The additional cost for the higher standard is not assessed. 5. Properties along Municipal State Aid (MSA) streets are assessed. Residential properties are assessed at the residential street equivalent. Additional costs required to meet MSA standards are not assessed. See Section III H.7. 6. Residential units served by a Private Driveway Agreement are assessed at a rate of 25% for the public street improvement. See the Amendment to the Special Assessment Policy dated Sept. 28, 1995 near the end of the Assessment Policy documents. This is important for two reasons: a. First, the Baumeister Addition is served by a private drive off of Trail Haven Road. The access is just north of 93 rd Avenue. Our current analysis assumes that each property on this private drive would receive a full assessment. Reducing their assessments to 25% would reduce the assessment revenues to the project. b. Second, The policy does provide some precendent for the intent to assess benefitting properties on neighborhood streets such as Foxline /Treeline for collector road improvements. In general, the City's assessment policy is adequate in that the City is able to assess improvements to benefitting properties. Certain items as identified in this memo may require additional review and modification prior to the next assessment project. M R110 Page INTRODUCTION 3 SECTION I - SPECIAL ASSESSMENTS I -1 A) Theory of Special Assessments I -1 B) Special Assessment Uses I -1 C) The Benefit Principle I -2 SECTION II -- SPECIAL ASSESSMENT PROCEDURE II -1 A) Initiating the Proceedings II -1 B) Preparing the Feasibility Study II -1 C) Holding a Public Information Meeting II -2 D) Holding a Public Hearing II -2 E) Ordering the Improvement and Ordering Plans and Specifications II -3 F) Conducting a Public Walk Through II -3 G) Advertising for Bids II -3 H) Awarding Contracts II -4 I) Holding a Pre - Construction Conference II -4 J) Pre - Construction Walk Through II -5 K) Issuing Bonds II -5 L) Preparing Proposed Assessment Roll II -5 M) Holding Assessment Public Hearing II -6 N) Adopting the Assessments II -7 0) Transmitting Assessments to County Auditor II -7 SECTION III - SPECIAL ASSESSMENT POLICIES III -1 A) Assessment Costs III -1 B) Assessment Rates III -1 C) Assessment Period III -1 D) Interest Rate III -2 E) Indexes III -2 F) Properties Not Assessed 111-2 G) Assessment Definitions 111 -2 H) Special Rules for Assessments 111 -4 I) Deferred Assessments 111 -9 J) Street Connection (Access) Fee 111--9 SECTION IV - METHODS OF ASSESSMENT SECTION V - SERVICE LIFE 01= 'IMPROVEMENT5 A) New Improvements B) Existing Improvements. 1 IV-1 V -1 V -1 V-1 REVISED 519b r� INDEX (Continued) SECTION VI - APPENDIX VI -1 A) Street Functional Classification Map VI -1 B) 35% Petition for Improvements VI -2 C) 100% Petition for Improvements VI -4 D) Resolution Declaring Adequacy of Petition VI -6 and Ordering Preparation of Report E) Resolution Ordering Preparation of Report VI -8 on Improvement F) Resolution Receiving Report and Calling VI -10 Hearing on Improvement G) Notice of Public Hearing on Improvement VI -12 H) Certificate of Mailing of Notice of VI -13 Public Hearing on Improvement I) Resolution Ordering Improvement and Directing VI -14 Preparation of Final Plans and Specifications J) Resolution Approving Plans and Specifications VI -17 and Ordering Advertisement for Bids Q Resolution Accepting Bids and Awarding VI -20 Contract for Improvement L) Resolution Declaring Cost to be VI -23 Assessed and Ordering Preparation of Proposed Assessment for Improvement M) Resolution Calling Hearing on Proposed VI -26 Assessment for Improvement N) Notice of Hearing on Proposed VI -29 Assessment for Improvement 0) Certificate of Mailing of Notice VI -31 of Hearing on Proposed Assessment P) Resolution Adopting Assessment VI -32 Q) Certificate to County Auditor VI -35 R) Examples for Adjusting Front Footage VI -36 S) Example for Determining Average Street Footage and Equivalent Residential Units VI -37 T) Comparision of Assessment Payment Schedule With and Without Green Acres Deferment VI -38 2 INTRODUCTION The special assessment is a financial tool employed by the City of Corcoran as a means of allocating the costs of specific improvement projects to the benefited properties and spreading those costs over a specified number of years. Special assessments are billed to the taxes. There is, however, a distinct assessments. Real estate taxes are a determined by the municipal assessor, function of the enhancement of value improvement gives to the property. property owner along with real estate difference between taxes and special function of the real estate as while special assessments are a direct Dr the benefit which a specific Once an improvement project is initiated and it is determined that the improvements are necessary and desirable, the goal of the special assessment procedure is to equitably and consistently allocate and levy the cost of specific improvements to the benefited properties. State Statutes and the courts have extended wide latitudes of authority to municipal councils for determining assessment methods and policies. The purpose of this assessment manual is to set forth the general assessment methods and policies to be utilized by the City Administrator and City Engineer when preparing assessment rolls for approval by the Corcoran City Council so as to assure uniform and consistent treatment to the various properties from year to year. It is emphasized that the following summarization is general in nature, and that certain circumstances may justify deviations from stated policy as determined by the City Council. 3 SECTION I SPECIAL ASSESSMENTS Minnesota State Law, Chapter 429, provides that a Municipality has the power to make public improvements such as: sanitary sewer; storm drainage; water source, storage and distribution facilities; street improvements including grading, curb and gutter and surfacing; sidewalks, street lighting, recreational facilities, etc. A. THEORY OF SPECIAL ASSESSMENTS Special assessments are an indirect form of taxation. They are a compulsory charge on selected properties for a particular improvement or service which presumably benefit the owners of the selected properties and are also undertaken in the interest of the public. Special assessments have three (3) distinct characteristics: 1. They are a compulsory levy used to finance a particular public improvement program; 2. The levy is charged only against those particular parcels of property deemed to receive some special benefit from the program; and 3. The amount of the charge does not exceed the value of the benefits received. Special assessments are imposed only on real estate. They are never levied against personal or movable property. In theory, special assessments are frequently regarded as being more equitable than property taxes because those who pay them obtain some direct benefits from the improvements undertaken. B. SPECIAL ASSESSMENT USES Special assessments have three important applications. 1. The first and most popular use is for financing new improvements, particularly when new tracts of land are being converted to urban use. In this application, they are frequently used to pay for sanitary sewer, storm drainage, water source, storage and distribution facilities, street improvements including grading, curb and gutter and surfacing, sidewalks, street lighting, recreational facilities, etc. 2. Special assessments may also be used to underwrite the cost of major maintenance programs. Large -scale repairs and maintenance operations on streets, sidewalks, watermains, sanitary sewers, storm drainage and similar facilities can, and often should, be financed with special assessments. I -1 3. A significant new use of special assessments is in the redevelopment of existing neighborhoods. When residential areas are confronted with progressive deterioration or even when presently sound neighborhoods can be made more desirable through . the development of parks, playgrounds, tree plantings and new street patterns, the City can utilize special assessments to good advantage. C. THE BENEFIT PRINCIPLE Special assessments may be levied only upon property receiving a special benefit from the improvement. In Minnesota, the Constitution and courts apply this general rule by placing the following limitations upon the power to levy special assessments: 1) the rate must be uniform and equal upon all property receiving special benefit: 2) the assessment must be confined to property specially benefited; and 3) the amount of the assessment must not exceed the special benefit. 1 -2 SECTION II SPECIAL ASSESSMENT PROCEDURE Public improvement projects, which are to be financed by special assessments, generally follow the below listed steps: A. Initiating the Proceedings Improvement proceedings may be initiated in any one (1) of the following three (3) ways: 1. By a petition signed by the owners of not less than thirty -five percent (35 %) of the frontage of the real property abutting on the streets named as the location of the improvement; 2. By a petition signed by all of the owners of real property abutting any street named as the location of the improvement; or 3. By the initiative of the City Council. Even it the City Council initiates the improvement project, an extra- ordinary majority is not needed to start the proceedings. Whether initiating the proceedings or accepting a petition requesting such proceedings, the City Council should simultaneously order a feasibility report on the proposed improvement. Upon receipt of a 100% petition, the City Council must determine that: 1. It has been signed by 100% of the owners of the affected property; and 2. They have agreed to pay 100% of the cost of the improvements. After making this determination, the project may be ordered without a public hearing. B. Preparing the Feasibility Study An improvement project which is initiated by action of the City Council or by a 35% petition may be ordered only after a public hearing. Prior to adopting a resolution calling a public hearing on an improvement, the council must secure from the City Engineer or some other competent person, a report advising it in a preliminary way as to: 1. Whether the proposed improvement is feasible; 2. Whether the improvement should be made as proposed or in connection with some other improvement; 3. The estimated cost of the improvement; and 4. Any other information thought pertinent and necessary for complete council consideration. II -1 A feasibility study is generally prepared, though not legally required, for improvement projects which are initiated by a 100% petition. C. Holding a Public Information Meeting During the early stages of a public improvement project, it may be appropriate for City staff or residents of a potential project area to arrange a public information meeting for the purpose of gathering and disseminating information regarding the public improvement project process. Although not required in the Chapter 429 Assessment Process, the primary purpose of the public information meeting is to establish working relationships and channels of communications between the City and the potential benefiting property owners. Typical topics at these public information meetings would include: 1. How to initiate a public improvement project; 2. The estimated costs and assessment rates for an improvement project; 3. The steps and procedures involved in the Chapter 429 Improvement Project Process; 4. The City's assessment policies; and S. The activities and procedures involved in the actual construction of an improvement project. From these meetings, the City desires to have neighborhood spokesperson(s) designated to facilitate communications throughout the project process. D. Holding'a Public Hearing Improvement projects which are initiated by a 100% petition may be ordered by the City Council without a public hearing if the petitioning property owners agree to pay 100% of the cost of the improvements. Otherwise, the council must adopt a resolution calling a public hearing on the improvement project for which mailed and published notices of the hearing must be given. The notice of public hearing must include the following information: 1) The time and place of hearing; 2) The general nature of the improvements; 3) The estimated cost; and 4) The area proposed to be assessed. Not less than ten (10) days before the hearing, the notice of hearing must be mailed to the owner of each parcel in the area proposed to be assessed. The notice of public hearing must be published in the City's legal newspaper(s) at least twice, each publication being at least one week apart, with the last publication at least three (3) days prior to the hearing. II -2 F. At the public hearing, the contents of the feasibility study will be presented and discussed with the intent of giving all interested parties an opportunity to be heard and their views expressed. Ordering the Improvement and Ordering Plans & Specifications. The public hearing may be adjourned from time to time and a resolution ordering the improvement may be adopted at any time within six (6) months after the date of the hearing by a four - fifths (4/5) vote of the City Council, unless the petition was initiated by a 35% petition in which event it may be adopted by a majority vote. The resolution may reduce, but not increase, the extent of the improvement as stated in the notice. After the ordering of an improvement project, the City Council must order the preparation of plans and specifications which may be included as part of the resolution ordering the improvements. When the council determines to make any improvement, it shall let the contract for all or part of the work, or order all or part of the work done by day labor, no later than one (1) year after the adoption of the resolution ordering such improvement unless a different time limit is specifically stated in the resolution ordering the improvement. Conducting a Project Walk Through Following the ordering of the preparation of the plans and specifications for a public improvement project by the City Council, the City staff will conduct a walk- through of the project area with interested property owners to gain insight into existing conditions and the history of the area. Although not required in the Chapter 429 Assessment process, the project walk through is intended to help City staff learn of existing and potential problems within the project area which can be addressed in the preparation of the plans and specifications and hopefully be resolved during construction. The walk through is also intended to be an informal forum where the City staff and project area residents can discuss project related concerns. Advertising for Bids If the estimated cost of the improvement exceeds $5,000, bids must be advertised for in the legal newspaper and such other papers and for such length of time as the City Council deems desirable. If the estimated cost of the improvement exceeds $100,000, the advertisement must be in a paper published in a first class city, or in a trade paper, not less than three (3) weeks before the last date for submission of bids. The notice must contain the following information: 1. The work to be done; 2. The time when bids will be publicly opened, which must be not less than ten (10) days after the first publication of the advertisement when the cost is less than $100,000, and not less than three (3) weeks after publications in all other cases, and II -3 3. A statement that no bids will be considered unless they are sealed and accompanied by cash, a cashier's check, bid bond or certified check for such percentage of the bid as specified by the City Council. H. Awarding Contracts Following receipt of the bids, the City Council must either: 1. Award the contract to the lowest responsible bidder; or 2. Reject all bids. The contract must be awarded no later than one (1) year after the adoption of the resolution ordering the improvement unless that resolution specifies a different time limit. The City Council may purchase the materials and order the work done by day labor or in any manner it deems proper if: 1. The initial cost of the entire work does not exceed $5,000; 2. No bid is submitted after advertisement; or 3. The only bids are higher than the engineer's estimate. T. Holding a Pre - Construction Conference Following award of the project contract by the City Council and prior to commencement of construction by the Contractor, the City will normally hold a pre - construction conference at City Hall to discuss and review constructed related issues including the following: 1. Contract status; 2. Construction schedule including working hours; 3. Status of easements, right -of -way acquisition and permit applications; 4. Location of public and private utility lines and potential conflicts; ` S. Listing of subcontractors and material suppliers; 6. Listing of Contractor's current labor and equipment rates; 7. Listing of Contractor's project superintendent and foreman with after work and emergency phone numbers; 8. Project safety and testing requirements; and 9. The procedure and timing of pay estimate processing. The City is responsible for arranging the meeting time and place; notifying the appropriate parties (Contractor, City staff, neighborhood spokespersons, utility companies and regulatory agencies), conducting the meeting and taking minutes for distribution to involved parties. II -4 J. Conducting a Pre- Construction Walk Through Following the pre - construction conference, but prior to the commencement of construction the City staff will arrange, notify and conduct a walk through of the project area. Although not required in the Chapter 429 Assessment Process, the pre - construction walk through is intended to provide information and answer questions specifically related to the upcoming project. Items of discussion can include: changes in street elevation or alignment; replacement of driveway culverts; driveway and boulevard restoration; removal and replacement of mailboxes; mail service during construction; construction schedule and working hours; and access to and from residences. Again, the walk through is intended to be an informal forum between the City staff and project area residents for the purpose of improving communication and understanding. K. Issuing Bonds At any time after the City Council has ordered the improvements, the City may issue its general obligation bonds to finance the cost of the improvements. The resolution authorizing the issuance of the bonds will contain the following two (2) covenants by the City which are necessary in order for the bonds to be issued without an election: 1. At least twenty percent (20 %) of the cost of each improvement project will be specially assessed against benefited property; and 2. The City Council will take all further actions and proceedings necessary in order for the final and valid levy of special assessments. As a matter of practice and policy, the City will require that, at least, thirty percent (30 %) of the improvement cost will be specially assessed to the benefiting properties when the potential for Green Acres Law deferments exists. L. Preparing Proposed Assessment Roll After the expenses incurred or to be incurred in the completion of an improvement have been calculated, the City Council must determine the amount it will pay and the amount to be specially assessed. The City Clerk, with the assistance of the engineer or other qualified person, must calculate the amount to be specially assessed against every parcel of land benefited by the improvement. The area to be assessed may be less than, but not more than, the area proposed to be assessed as stated in the notice of public hearing on the improvement. The assessment roll should contain a description of each parcel of property and the assessment amount including any deferred equivalent residential units. The assessment roll must be filed with the City Clerk and be available for public inspection. 1I -5 M. Holding Assessment Public Hearing A public hearing on the special assessments must be held following published and mailed notice thereof. The notice of the assessment public hearing must include the following information: 1. The date, time and place of the meeting; 2. The general nature of the improvement; 3. The area proposed to be assessed; 4. The total amount of the proposed assessment; 5. That the assessment roll is on file with the clerk; 6. That written or oral objections will be considered; 7. That no appeal may be taken as to the amount of assessments unless a written objection signed by the affected property owner is filed with the City Clerk prior to the hearing or presented to the presiding officer at the hearing; and 8. That the owner may appeal the assessment to the district court by serving notice on the Mayor or City Clerk within three (3) working'';, J4v- days after the adoption of the assessment and filing not ce with t-i -e court within ten (10) days after such appeal to the mayor or the clerk. The notice of the assessment hearing must be published in the legal \, newspaper at least once, not less than two (2) weeks prior to the ` N hear ng. The City Clerk must mail notice of the assessment hearing to the owner of each parcel described in the assessment roll at least two (2) weeks prior to the hearing. The mailed notice must also include, in addition to the information required to be in the published notice, the following information: 1. The amount to be specially assessed against that particular lot, piece or parcel of land; 2. The right of the property owner to prepay the entire assessment and the person to whom prepayments must be made; 3. Whether partial prepayment of the assessment has been authorized by ordinance; 4. The time within which prepayment may be made without the assessment of interest; and 5. The rate of interest to accrue if the assessment is not prepaid within the required time period. 11 -6 It is the policy of the City of Corcoran that the "Notice of the Assessment Hearing" will either be sentn by certified mail or hand delivered by City staff with the signature of property owner required. In addition to the "Notice of the Assessment Hearing ", the City of Corcoran will provide a separate letter further explaining and detailing the prepayment procedure. N. Adopting the Assessments At the assessment hearing or at any adjournment thereof, the City Council may adopt the assessments as proposed or adopt the assessments with amendments. If the adopted assessment differs from the proposed assessment, the clerk must mail the owner a notice stating the amount of the adopted assessment. The adopted assessment roll shall include any and all deferred equivalent residential units on large or unplatted parcels of land along the City's functionally classified collector - arterial street system where the number of equivalent residential units exceeds the number of development rights based on the current City of Corcoran Zoning Ordinance. 0. Transmitting Assessments to County Auditor After the adoption of the assessment, the City Clerk must transmit a certified duplicate copy of the assessment roll, including all deferred equivalent residential units, to the County Auditor. II -7 SECTION III SPECIAL ASSESSMENT POLICIES It is the policy of the City of Corcoran that all properties shall pay their fair share of the cost of local improvements as they benefit. It is not intended that any property shall receive the benefits of improvements without paying for them. Local improvements will include water, sanitary sewer, streets, storm drainage, sidewalks, street lighting, recreational facilities, etc. A. ASSESSMENT COSTS The total of assessments cannot exceed the project cost and must be apportioned equitably to properties having the same general land use (single family residential, multi- family residential, institutional, commercial, industrial or rural agricultural) based on benefit. The total assessment against any particular parcel shall not exceed benefit to that parcel. Project costs may include part or all of cost of previously installed projects not previously assessed. B. ASSESSMENT RATES The assessment rate for any special assessment item is computed by dividing the total assessable cost of such improvement item by the total number of assessment units, such as dividing the total cost of a street improvement project by the total number of assessment units benefited by the project. The entire project is considered as a whole in computing the assessment rate and applying it to all properties. The cost of installing the improvement in front of, to, or past any particular parcel of property is not the basis for assessment. All developable property within the assessment district, whether city, school, or private property, is assessed in the same manner. All footages are computed and recorded to the nearest foot. If the footage is 84.7 feet, 85 feet is used. Areas are computed and recorded to the nearest square foot. C. ASSESSMENT PERIOD Improvements installed as a part of a new residential subdivision and petitioned for by the Developer should be assessed for a period not to exceed five (5) years. New commercial and industrial subdivisions petitioned for by the Developer should be assessed for a period not to exceed ten (10) years. Assessments for improvements not included as a part of a new development should be assessed for a ten (10) year period unless the City Council determines that some other period of time is more appropriate. III -1 D. INTEREST RATE The rate of interest on assessments shall not exceed one percent (1 %) greater than the rate of interest the City paid on the bonds which were issued to finance the project or, in the event no bonds were issued, then not to exceed about one percent (1%) greater than the average rate of interest on all bonds issued in the previous calendar year or the current market rate. E. INDEXES Depending upon the appropriate resolution or authorization, the construction cost index or consumer price index may be used. The construction cost index is a number computed by "Engineering News Record" derived from prices of construction materials, labor and equipment for the Minneapolis area utilizing a base value of 100 in year 1913. The consumer price index is a number computed by the U.S. Department of Labor derived from prices of goods and services for the Minneapolis area with base year 1967 having a base value of 100. F. PROPERTIES NOT ASSESSED Special assessments will not be levied against the properties described as follows: 1. Deemed unbuiidable due lying wholly and compl DNR protected wetlands determined by the City of land are assumed to owner; to the existence of: undeveloped lands ately within zoned wetlands, floodplains, and /or having restricted soils as Building Inspector. However, all parcels be buildable until proven otherwise by the 2. Non - developable City owned properties; 3. Cemeteries; and 4. Public transportation rights -of -way. No building or landfill permits will be issued for such lands where assessments have been deleted from the assessment rolls. G. ASSESSMENT DEFINITIONS 1. Construction Cost: Amount paid to contractors for constructing the improvements. 2. Construction Interest: Cost of financing the improvements from the time the project is initiated until the assessment roll is approved by the City Council, less any interest earned on invested funds. The interest rate will be at the expected assessment rate. III -2 3. Expenses to be Assessed: Cost incurred by the City in addition to the construction costs including, but not limited to, administration, legal, fiscal, engineering, staking, inspection, geotechnics, easement preparation, easement acquisition and assessing costs. 4. Project Cost (Total Cost of Improvements): Total of contract costs, interest, expenses and work previously done but not assessed. 5. Permanent Street Improvement: Upgrading of a street by placing bituminous or concrete surface on a recommended base and including curb and gutter for an urban type street section. 6. Building Site: An area of land on which a building exists or an area of land meeting city code requirements on which a building could be constructed. 7. Front Footage: The shortest dimensions of existing or potential sites abutting the streets. 8. Side Footage: The longest dimension of existing or potential corner building sites abutting the street. 9. Adjusted Front Footage: A method for determining the average front footage for odd - shaped lots which would be equivalent to the footage of a rectangular shaped lot of the same area and depth. Guidelines for determining the adjusted front footage of a lot are presented in Section H.2., which follows, and examples are presented in Appendix R. 10. Average Street Footage: The street frontage length obtained by dividing the sum of the total front yard and side yard lineal footages along the street right -of -way line for an entire subdivision by the number of assessment units (development rights) within that subdivision. An example for determining the "Average Street Frontage" of a development is presented in Appendix S. 11. Residential Unit: A residential unit is a platted single family residential lot which, in accordance with the City of Corcoran's zoning and subdivision regulations, cannot be further subdivided and which has only one (1) development right. 12. Equivalent Residential Units: Equivalent residential units are the number of assessment units into which a large or unplatted parcel of land, which abuts a City functionally classified collector or arterial street, is divided in order to determine assessment rate. The number of equivalent residential units is determined by dividing the adjusted front footage of the parcel the average street footage of the project. An example for determining the "number of equivalent residential units for a parcel of land is presented in Appendix S. III -3 M9 by 13 Development Rights: The development rights of a lot on a parcel of land shall be determined in accordance with the provisions of the City of Corcoran's Zoning Ordinance. H. SPECIAL RULES FOR ASSESSMENTS 1. Intersections. The cost of all street improvements within street intersections shall be included as part of the total assessable cost. 2. Adjusted Front Footage. When the unit of measure for an assessment item is determined by front footage, an adjusted front footage shall be determined according to the following guidelines when an irregular shaped lot requires such an adjustment to maintain fairness and equity in the assessment. Examples for adjusting front footage of lots are provided in Appendix R. a) Odd- Shaped Lots For odd- shaped lots, such as exist on cul -de -sacs or triangular intersections, etc., the adjusted front footage is computed by dividing the area of the lot by the average depth. b) Approximately Rectangular Lots For a lot which is approximately rectangular, the adjusted front footage is computed by averaging the front and back sides of the lot. This method is used only where the divergence between front and rear lot lines is five feet or less. c) Rectangular Lots For the normal rectangular lot, the adjusted front footage is the actual footage of the lot. d) Shallow Lots For rectangular lots under 150 feet in depth, or irregular lots averaging less than 150 feet in depth, the adjusted front footage is determined by actual lot area divided by 150 feet or the predominant lot depth of rectangular lots within the same subdivision. e) Corner Lots Corner lots are treated like any other lot relative to front footage. III -4 f) Large Tracts Large tracts may have adjusted front footage on two or more sides. This adjusted front footage shall apply only to improvements on the particular street upon which the adjusted front footage faces. The corners of these large tracts shall be considered as side frontage. g) Double Frontage Lots (G) For double frontage lots, a single adjusted front footage is computed by using one of the methods listed in items a -d above. h) Neck Lots (I For lots which have a small frontage on a street, with a narrow strip running back 150 feet or more, an adjusted frontage of 200 feet is arbitrarily assigned. 3. Combininq Lots In those cases where a property owner owns two or more contiguous lots of a platted subdivision within an improvement project area and he wishes to relinquish any of the existing development rights by combining lots, the combining of those lots must be recorded with the County on or before the date that the City Council "declares the cost to be assessed and orders preparation of the assessment" by resolution. 4. Assessing Local Residential Street Improvements. The following policies shall apply to the assessment of local residential street improvements: a) The entire cost of improving local residential streets to the City's design standards shall be assessed to abutting and benefiting properties on a per unit basis; b) The number of assessment units assigned to each parcel of land along a local residential street shall be equal to its development rights as determined in accordance with the City's Zoning Ordinance; c) One (1) assessment unit shall be assigned to each unplatted and undeveloped parcel(s) of land, lying beyond the proposed street improvement, which meets both of the following conditions: 1. It has one or more development rights as determined by the City's Zoning Ordinance; and 2. It has access to the improved street which extends to the property line of that parcel; and III -5 d) Corner lots abutting both a City of Corcoran functionally classified city collector (or city arterial) street and a local residential street shall split any and all assessment units on an equal basis (50 % -50% split) except in the case of an unplatted lot or parcel where the frontage along the local residential street is, at least, twice the frontage along the collector - arterial street. In these cases, the local residential street shall be assigned all of the assessment units for that parcel. In either case, the entire number of assessment unit(s) for all corner lots can be assessed in conjunction with the street improvement project done first, 5. Assessing Local Commercial - Industrial Street Improvements. The following policies shall apply to the assessment of street improvements on local streets through commercially and industrially zoned areas: a) The entire cost of improving local commercial - industrial streets to the City's design standards shall be assessed to abutting and benefiting properties on a per unit basis; b) The number of assessment units assigned to each parcel of land along a local commercial - industrial street shall be equal to its development rights as determined in accordance with the City's Zoning Ordinance; C) One (1) assessment unit shall be assigned to each unplatted and undeveloped parcel(s) of land,lying beyond the proposed street improvement, which meets both of the following conditions: 1. It has one or more development rights as determined by the City's Zoning Ordinance; and 2. It has access to the improved street which extends to the property line of that parcel; d) Corner lots abutting both a City of Corcoran functionally classified city collector (or city arterial) street and a local commercial - industrial street shall split any and all assessment units on an equal basis (50 % -50% split) except in the case of an unplatted lot or parcel where the frontage along the local commercial - industrial street is, at least, twice the frontage along the collector- arterial street. In these cases, the local commercial - industrial street shall be assigned all of the assessment units for that parcel. In either case, the entire number of assessment unit(s) for all corner lots can be assessed in conjunction with the street improvement project done first. III -6 6. Assessing Collector- Arterial Street Improvements. The assessment of street improvements along the City of Corcoran's functionally classified collector and arterial streets shall be in accordance with the following policies: a) The cost of improving the City's functionally classified collector and arterial streets shall be assessed to the abutting and benefiting properties on a per unit basis with the exception that the additional cost for extra pavement thickness and /or width (associated with constructing collector - arterials to the City's 9 ton design standard in lieu of the City's 7 ton local residential street design standard) shall be financed by the City of Corcoran in all but commercial and industrial zoned areas. In commercially or industrially zoned areas, the abutting and benefiting properties shall be assessed for the entire cost of improving the streets to the City's 9 ton design standards for those areas. b) The number of assessment units for each benefiting lot or parcel of land along the improved collector - arterial street shall be determined as follows: 1. For platted subdivision lots, the number of assessment units shall equal the development rights of that lot in accordance with the City's Zoning Ordinance; 2. For unplatted lots and parcels, the number of assessment units equals the number of equivalent residential units for that lot. o The equivalent residential units for a parcel is the resultant whole number, rounded downward with a minimum value of one(1), obtained by dividing its adjusted front footage by the average street footage for the project. o When the collector- arterial street improvement project area includes a platted subdivision, average street footage shall be determined with a minimum length of 200' and a maximum length of 275'. When a platted subdivision is not included within the project area, an assigned value of 250' shall be used as the average street footage. c) The total project cost for the local street design standard on all improved streets is then divided by the total number of equivalent residential units to arrive at the project assessment rate per unit. d) All existing development rights, on both platted and unplatted lots, will be assessed at the time the project is assessed while the City will defer and provide interim financing for the cost difference for the number of equivalent residential units in excess of the number of development rights. 111 -7 e) One (1) assessment unit shall be assigned to each unplatted and undeveloped parcel(s) of land, lying beyond the proposed street improvement, which meets both of the following requirements: 1. It has one or more development rights as determined by the City's Zoning Ordinance; and 2. It has access to the improved street which extends to the property line of that parcel; f) Platted corner lots abutting both a City of Corcoran functionally classified city collector (or city arterial) street and a local street shall split any and all assessment units on an equal basis (50 % -50% split) except in the case of an unplatted lot or parcel where the frontage along the local street is, at least, twice the frontage along the collector - arterial street. In these cases, the local street shall be assigned all of the assessment units for that parcel. In either case, the entire number of assessment unit(s) for all corner lots can be assessed in conjunction with the street improvement project done first. g) The City of Corcoran will not provide financial assistance for the improvement of collector - arterial streets unless it meets one(1) or more of the following conditions: 1. It is designated as a Municipal State Aid System street as determined by the Corcoran City Council and approved by the Minnesota Department of Transportation (MnDOT); 2. It has a minimum Average Annual Daily Traffic (AADT) volume of five hundred (500) vehicles per day on any part of the street within the proposed improvement project; or 3. It is included in the City's current Capital Improvement Program. h. In no case shall the collector - arterial street assessment rate be combined with the local street assessment rate so as to subsidize the local street improvement. 7. Assessing Municipal State Aid System (MSAS) Projects The following assessment policies shall apply to assessing abutting and benefiting properties along the City's designated Municipal State Aid System streets: a) Commercial /Industrial Rates Commercial /Industrial properties abutting a municipal state aid street project will be assessed the equivalent cost of typical City commercial /industrial street. Any incremental cost of the Municipal State Aid section in excess of the cost of a commercial /industrial street meeting the minimum design standards of the City of Corcoran may be funded with Municipal State Aid construction funds. III -8 b) Residential Rates Residential properties abutting a municipal state -aid street project will be assessed the equivalent cost of a typical City residential street. Any incremental cost of the Municipal State Aid section in excess of the cost of a residential street meeting the minimum design standards of the City of Corcoran may be funded with Municipal State Aid construction funds. 8. Assessing Corner Lots on County and State Roads For corner lots which abut a County or State Road, the following assessment units will apply; a. If the frontage and driveway access is limited to the County or State Road one half (112) assessment unit will be charged when the side street is improved. b. If any access is from the City road one (1) assessment unit will be charged when the side street is being improved. I. DEFERRED ASSESSMENTS The only deferment of assessments currently permitted by the City of Corcoran is the Green Acres Law (MSA 273.111 Sub. 11). The City Council may adopt policies in the future which might permit the deferment of assessments on the basis of senior citizenship or some other adopted criteria, Green Acre payments are deferred (unpaid) as long as the property qualifies and continues to qualify for Green Acres. Change or ownership, division of the land, or changes in the Green Acres Laws could affect the status of a Green Acres deferment and, consequently, necessitate partial or total payment of the outstanding assessment amount. An owner, holding property with a Green Acres deferment, may elect to prepay or pay the assessment per the normal (non -Green Acres) payment schedule. With a Green Acres deferment, no annual payment of the assessment amount principle and interest is required. However, simple interest continues to be calculated on the outstanding principle amount for the term of the assessment. The principle and accumulated interest remain due at the termination of the Green Acre deferment. A comparison of the assessment payment schedule with and without the Green Acres deferment is provided in Appendix T. J. STREET CONNECTION (ACCESS) FEES 1. Private Access to Existing City Street A street connection (access) fee shall be paid to the City of Corcoran for the opportunity to gain direct, private access onto the existing City street system for parcels of land which are III -9 2. being developed adjacent to the street and which have not previously been assessed for the existing street. The following connection fee rates shall apply: a) A fee of $225.00 per lot for connection to an existing gravel road; b) A fee of $950.00 per lot for connection to an existing paved road which was not part of a public improvement project and has not been previously assessed; and c) A fee equal to the per unit assessment rate less a 5% depreciation rate per year, for up to ten (10) years, for connection to an existing paved road which was part of a public improvement project and had been previously assessed. After ten (10) years, the connection fee shall remain at 50% of the original assessment rate - considered to be the salvage value of the road. The number of years of depreciation will coincide with the assessment schedule for repayment of the project bond. For new subdivisions, the connection fees shall be collected at the time of final subdivision approval or as prescribed by the City Council in the resolution granting final subdivision approval. For existing undeveloped lots of record, the connection . fee shall be collected at the time of building permit issuance. If the street connected to is improved and assessed within two (2) years of payment of street connection fee a credit in the amount of the connection fee shall be provided on the street assessment. Public Street Connection to Existing City Street New subdivision developments which will be constructing new public streets, to provide local access to the lots within the development, and connecting them to the existing public street system shall pay the following costs: a) Only the cost of the subdivision street improvements, constructed to the City's street design standards, when the street(s) extend completely through the subdivision to provide a secondary means of access either immediately or in the future; or b) When a new subdivision does not provide a secondary means of access (i.e. a simple cul -de -sac extension), the subdivision . shall pay the cost of the new subdivision streets, constructed to the City's street design standards, plus the cost of: 1. One (1) assessment unit, at the deferred assessment rate, if the previously assessed; or 2. One (1) connection (access) fee to was not previously assessed. III -10 street project's street connected to was if the street connected ,e The street connection (access) fee for the connection of a new public street to an existing City street shall be collected at the time of final subdivision approval or as prescribed by the City Council in the resolution granting final subdivision approval. III -11 SECTION IV METHODS OF ASSESSMENT A. STREETS Street costs are apportioned to the property benefiting from the street construction. Apportioning the cost of the street construction will be done by dividing the total project cost of the street improvements by the total number of assessment or lot units which are benefited. IV-1 Y +' a° 1 PpOP. �+�ry SECTION V SERVICE LIFE OF IMPROVEMENTS A. NEW IMPROVEMENTS All public improvements have a normal and limited usable life expectancy. For the purpose of this policy statement the life expectancy will be as follows. This life expectancy is predicated upon the principles as set forth. 1. Surface Improvements a. Concrete curb and gutter - 30 years b. Bituminous street overlay - 10 years C. Bituminous street surfacing (7 & 9 ton) - 20 years d. Portland cement concrete street surfacing - 30 years e. Seal coating of bituminous streets - 7 years f. Roadway oiling or dust coating - (2 summer months) B. EXISTING IMPROVEMENTS When any existing improvement is ordered to be renewed or replaced, the assessments to be levied therefore will be the proportionate share of the costs based on the ratio of the age of the improvement to the adjudged usable life expectancy. . In order to warrant the project for that period of life expectancy as previously set forth, the city must,have certain controls over the quality of material and workmanship, as well as design standards. All projects shall meet the minimum criteria and standards as established by the City of Corcoran. VI -1 SECTION VI APPENDIX A STREET FUNCTIONAL CLASSIFICATION MAP CITY OF CORCORAN, MINNESOTA VI -1 C:rediz Lor Hssessment on MSA xoads �n a motion by Gmach, 'ecorded by Gates, to amend the assessment 51 ooliCy to provide credit on MSA for Residential Agricultural Use ;,a,2d on design - maximum 200 40' standard 150 36' standard 100 32' standard (otion carried unanimously. gasem?:ent Accruisiti:on /Compensati.on �n a motion by Gates, seconded by Gmach, to set 31,quisition for MSA Road projects based on assessor's value. otion carried unanimously. John Kieffer requested of the Council a variance at the event his barn would burn down and he wouldn't be reijuild because of the new setbacks. A- 4,1inistrator Derus informed the Council that this legally acceptable since a variance has to be granted nerits at the time of application. There was no 3oplication at this time. Update__on 1988/1989 Road Projects an easement current land no charge in in compliance would not be based on its need for an Administrator Derus informed the Council that the letter to Maier Stewart's insurance company will be sent out within a week regarding the errors and omissions by the Engineer when setting the 1988 and 1989 assessment rates. Update on 1990 Projects Engineer Jim Johnson informed the Council that the assessment rates for Lazy South Fork were sent out at $6,060. The final numbers for the residents should come in around $4,500 - $4,800. 1991 BUDGET Administrator Derus handed out th,e budget to the Council candidates attending the meeting and informed the Council that he would be P glad to answer any question/ comments regarding the budget. Formal discussion will not take place until the November Regular Meeting. SENIOR CITIZEN ASSESSMENT DEFERMENT POLICY- RESOLUTION 1990 -101 On motion by Gmach, seconded by Gates, to approve Resolution 1990 -101, A RESOLUTION APPROVING THE CITY OF CORCORAN SPECIAL ASSESSMENT DEFERMENT POLICY FOR ROAD IMPROVEMENTS. Motion carried unanimously. DISCUSSION Cit�Ha_1__1__ Committee Update Administrator Derus listed the people who signed up for the City Hall Committee to date. Council will be looking at appointments to the committee at the next meeting. Re ort on meetin with the Loretto Fire De artment Council member Caters- and - Administrator Derus informed the Council Of the Me -eting with the Loretto Fire Department. The informatiQn that eras given at Loretto Meeting, meant an increase of 90% for the City's Fire Can:tract Rates. The Coun -pl felt that the for concept was good but it was not complete and would have to, 'be revised bef&** :th<e•;.Council would accept it. q Ap�O RN oft a Motion by Cates, seconded by Gmach, the meeting wa adjourned at g:45 0 Kotion carried unanimously. Mayor .City Clerk - .......... rFe RESOLUTlON 9 19 �� J O - 'A A RESOLUTION APPROVING COMPENSATION FOR AGRICULTURAL LAND EASEMENT ACQUlSITlON BE lT RESOLVED by the City Council of the City of Corcor��n that for purposes of Acquisition of Easements on Agricultural property compensation is based on agricultura} value - estimated �at between $2,500 and S31000 per acre for 199O. Moved by member. , seconded by The- foll owi voted in fa r - /l - '-�' � Whereupon said Resolution was declared carried. Dated this 11th dzix of October, 1990. L. ATTES T! a, I - �. �x �i � , I& - g ' ' .' � JP, `�. � _ Mayor ^ " ' 235 CORCORAN CITY COUNCIL MINUTES OCTOBER 22, 1992 CALL TO ORDER /ROLL CALL Mayor Schutte called the Open Forum meeting to - order at 7:00 p.m. Members present.. Mayor Harold Schutte, Council Members Jeff Becker, Ken Kluck, and Howard Schleif. Member excused: Tony: .Ruppett. Also present: Administrator Bob Derus, City Clerk Cindy Patnode, Planning Administrator Gary Eitel, Public Works Supervisor Dan Brotzler, Police Chief Carl Sorensen, and Attorney Jeff Carson. Mayor candidates Frank Larkin and Marty Olson (also Recycling Coordinator). Councilmember candidates Arnie King, Dixie Lindsley, Steve Kohnen, and Ernie Mayers. City Hall Committee member and Charter member Dave Gates. City Hall Charter member Bob Johnson. OPEN FORUM Maple Hill Estates Concerns Glen Schumacher, representative for All Parks Alliance for Change (APAC), and Joel Larson, representative for Northwest Hennepin Human Services Council (MWHHSC) informed the Council of their role with the Maple Hill Estates Trailer Court residents. They are working with residents to improve overall living conditions at Maple Hill Estates. Wendy Purnick- Jurewicz, representing Maple Hill Estates stated their specific concerns - Civil Defense Siren and lack of recreational activities for children. Chief Sorensen stated that he would contact the Federal representatives regarding the Siren to see if there are some possible alternatives. He also stated that these sirens are strictly an outdoor warning system. Discussion was also brought up regarding a stand alone siren only for park residents. Police Chief Sorensen will work the Maple Hill Residents regarding a sky watch class offered to train residents on this type of activity. Recreation apparatus is needed at the park and residents were won derin, if the City has funds available to purchase items for them. Council stated that more information would need to be forthcoming regarding the age groups that would be targeted, type of equipment,.etc. More input is desired from the Maple Hill Estates residents when allocating CDBG (Community Development Block Grant) Funds. As a note, Bob Derus informed the Council that Minnegasco haill be extending a line to the Maple Hill Estates Trailer Park and the downtown area in the winter season of 1992/93. The Council extended an invitation to the Maple Hill Estates to attend the Open Forum each month. Dave Gates also stated that the Planning Commission has an alternate opening if any Maple Hill residents are interested in serving on that board. SET AGENDA The agenda was approved with the following additions: awe CONSENT AGENDA On a motion by Becher, seconded by Schleif, to approve the following consent items: - General Fund List of Claims #701 -744 stating he wants to stay consistent with --Capital Improvement Fund Check #1179 - October 8, 1992 City Council Minutes Motion carried unanimously. ( Kluck voting no on Claim #722 his no votes on the snowplow) ASSESSMENT... POLICY AMENDMENT On a motion by:. Klu :dk, seconded by Schleif, to accept the Special Assessment P`olic.y r.egar:ding.Postponed Assessments. ' Motion carried unanimously. Staff was then directed to send the affected property owners the new information and invite them to the November 12, 1992 Council meeting. Council acknowledged receipt of Joe Kral's objection to two assessments (one postponed and one assessed). ** *Attorney Jeff Carson was excused at this time - 7 :53 p.m. * ** CONTINUED PUBLIC HEARING ON RUSH CREEK ESTATES - RESOLUTION 1992 -135 The Public Hearing for Rush Creek Estates was at 7:55 p.m. The following residents were present and spoke during the public hearing: Name Address Kay Nelson 23317 Rush Creek Drive Bill & Lizbeth Farrar 22355 Rush Creek Drive Robert Langerud 22385 Rush Creek Drive Summary of testimony: Question of how the assessment is paid; disappointment with Bechtold Road (that leads to the subdivision) was not paved; asked the Council to review their policy on majority regarding a 51 -49% split, the above residents felt it should be 2/3 or 75% of affected property owners agreeing to a road improvement. On a motion by Kluck, seconded by Becker, to close the public hearing at 8:24 p.m. Motion carried unanimously. On,. a 3 "ij:oxz Say. Kluck,.., �;�o deri y. Sch,J.eif, to approve Resolution 1992- 135, A RESOLUTION ADOPTTNG.ASSESSMENT FOR RUSH CREEK ESTATES AND RUSK M`a�i�rt� c�rra.e�, unan "i�rously. .Zr5 Tr) N 00t of f1 -do concern On.. a motion by .' *cker;'_ seconded by specific informati.011 J ;e,garding the Corcoran re i dents" ti'iaff�g the 55357 Motion carried unanimqu 1'y.. Schleif, to direct get more potential switch . ,'d,f,fices for and 55374 zip, codes,',' .70 URi On „a motion by Becker, seoonded hy,Kluck, G,the meeting -to adjoij ` l jit 8.3. Ho';4pn exaxriod unanimously. (� a A$AY{ i HAROLD..,: SCHUTTE A TTE 9'T PROPOSED AMENDMENT TO TtE CORCOPJAX SPECIAL ASSESSMENT POLICY The following is for consideration as an amendment to the existing. Special Assessment Policy relating to the assessment of land presently in agricultural use: (1) Each parcel along a project road shall be assigned its current number of development units as permitted under the existing zoning and density standards. This assignment of development units would be exclusive. of Agricultural Preserve Status. (2) A parcel currently being used for agricultural , purposes may have the special assessment on all but one assessment unit /per 40 acres, nostuoried until the lard is subdivided, developed or ceased being used for agricultural purposes. (3) The postponed special assessment shall be assigned a dollar value (the total value that the parcel would have been assessed, less the current assessment mount) and the assessment of all but one unit /per 40 acres would be postponed per the above, (4 ) At such time as the property that is the 21 ;hjgct of a postponed assessment is developed and assessed the City Council, in determining the •aunt to be assessed against the deer .e,p 'r_­LpxQjp erty, gha 1. _aA ur -- 1',,, dollar value of the gg.stnr)j3&d assessment a nnc,{�nir. c I I_stent ;gith the (CPS! €' t, ar f each yrar, not to- exceed five nercent {S$) der Wa. Iat this axnaunt of (5) (.S ) "D , W0" c . t interest shall be added to the principal for. a period not to exceed 10 years, at which time the principal and interest shall be frozen. A Resolution identifying each parcel subject to the assessment postponement shall be passed and recorded against the property so that this would become public' information. One development unit shall be Assessed for each 40 acre parcel at a minimum. (See attached Exhibit showing example.) In order for a farmstead to be assessed any development units today, the following must be true: (a) There must exist frontage on the road improveuent; (b) The must have access by extension into the lot by way of the road improvement e 4, To: Honorable Mayor and Members of the Corcoran City Council From: Bob Derus Date: 3/22/94 Re: Special Assessment Policy ]Background Corcoran put together its first special assessment policy in February 1989. Prior to that time the only special assessment improvements (Chapter 429) were residential streets, which were 100% assessed to abutting properties. In February, 1989, the City was preparing to asphalt Rolling Hills Road and Hackamore Road. These were the first collector roads to be improved. As a result, the City faced a number of new questions: I . How to assess farmland without forcing the farmer to sell or develop? 2. How to pay for the road? 3. How to determine unit cost on a collector road? 4. How to make sure the precedent setting policies were ones that the City could afford? 5. How to assess a 9 ton road for residential property? 6. How to assess corner lots? So the City set out to answer these questions, and others, in preparing the assessment manual. Recently the City reviewed the Pioneer Trail feasibility study and discovered a problem. The asssessment rates increased as the scope of the project grew. Staff was directed to schedule a review of the assessment policy at the 3/24/93 meeting before any decisions on the project were made. This report was put together to provide a little background and understanding of some of the concerns with the existing assessment policy. Overview of the Assessment Policy Section I of the City Assessment Manual is a brief background 'and explanation of.specihl assessments. No changes are recommended at this tithe: Section II, titled' Special Assessment-Procedure, is an explanation of the process.` Again,, there are no, changes recommended at this time: Sectiit III is the description of the City assessment policy. This is the section that needs the most revamping. The City originally looked at improvement of collector roads in .,conjunction with improvement of- adjacent residential roads. Roiling Hills was combined with Schnell's Highland Acres, Hickamoi re (west of Co. Rd. 116) was combined with Snyders, etc. The theory is that these residents use the road and should therefore share in the cost of improvement. The problem with the policy is that it is complicated and difficult to work with. It seems each new road gives us a new problem. The Pioneer Trail feasibility is another example of the deficiency of the policy. The enclosed pages are the applicable policies for assessing collector streets. This is the part that needs reworking. We can go through it at the meeting, when Virgil and I can better explain it. Staff Comment: Staff would like to get input on how you would like to see the policy simplified. Some thoughts on potential changes: 1. MSA assessment units could be set on an annual basis ($4,000 - $5,000 in 1994 for example). This would allow staff to give people their exact cost, without doing an expensive engineering study. 2. Non -MSA collector assessment units should also be easier to calculate (this may be the most difficult task of the potential assessment policy changes). This would also help for our communications to residents. 3. Assessment of agriculture preserve property needs to be examined. 4. A related issue (but not an assessment policy issue), has to do with the way development rights are calculated. Currently development rights change from 1/30 acres to 1 /10 acres, with access to a paved road. This may make it difficult to pave certain gravel roads ie . development rights a0sed up on development off paved roads. I hope this helps explain the deficiencies. There are some other smaller changes that need to take place. However if we can address these four issues, the tough part is done We can discuss in greater detail at the meeting. If you have any questions please call. S:efj 00 AMENDMENT TO SPECIAL ASSESSMENT POLICY The Special Assessment Policy for the City of Corcoran will be amended by adding the following provision: The residential units served by a Private Driveway Agreement shall be included in the Special Assessment of any street improvement (local, residential or collector /arterial) from which said residential units are accessed. These units shall be assessed at a rate of 25% of the amount assessed to the residential units abutting the improvement project. City of Corcoran Process for Local Improvements Initiation of an improvement project — An improvement project may be initiated by the City Council or by a petition of affected property owners. If a petition from property owners, the Council must accept or reject the petition before taking any further action. When a petition signed by 100 percent of the landowners requests the improvement, the Council may order the improvement without a public hearing. If the Council began the proceedings because of a petition signed by the owners of at least 35 percent of the property abutting the proposed improvement, the council can pass a resolution to order the improvement with a majority vote of the council. However, if the Council initiated the proceedings without a petition, a four -fifths vote is needed to pass the resolution ordering the project. NOTE: If the City Council relies on the petition as the basis for its proceedings, it cannot make substantial change in the nature of the improvement from what is asked for in the petition. For example, it may not order an improvement for water and sewer when the petition has asked for water only, or add curb and gutter to a petition for blacktop only. If the council deems that such substantial changes are necessary or desirable, the Council would proceed on its own motion, and the petition would not be used as the basis for proceeding. Z. Preparation of a feasibility report on the improvement — The City Engineer must prepare a report on the proposed improvement, and whether it is necessary, cost effective, and feasible. 3. Council accepts the feasibility report and calls for a public hearing on the project_ A public hearing must be held on the proposed improvement. The City must publish notice of the hearing and also notice all affected property owners by mail at least 10 days prior to the hearing. At the hearing, interested parties are given the opportunity to voice their support or concern for the project. A reasonable estimate of the total amount to be assessed and a description of the methodology used to calculate the assessment are presented. The amount that is assessed to a particular property must be based on benefits that the property will receive from the improvement_ Cities cannot charge an amount greater than the amount the benefit will increase the value of the property. After receipt of testimony and findings, Council determines if it should proceed with the improvement and preparation of plans. 4. The City Engineer will prepare the plans and specifications, and if necessary, the Council will issue a call for bids. Accept contractor bid and award the project, with Engineers recommendation for final acceptance of project. City of Corcoran Process for Local Improvements 6. The City Clerk and the Engineer calculate the amount to be specially assessed against each property that will benefit from the project. This assessment roil is available at the Clerk's Office for public review. A public hearing will be held where oral and written objections will be considered. Property owners have a right to appeal the assessment at this time. The proper procedure for filing an appeal is available from the City Clerk. It should also be noted that Council might choose to proceed with construction of the project prior to the 429 assessment hearing. 7. After testimony and findings, Council may adopt the assessment roll and direct the Clerk to certify the assessments to the County Auditor_ Property owners may pay the assessment in full prior to certification. Z:'+, CityHal ltoffice972000\Word\clerklpublic WorksTetition for Local Improvementdoc City of Corcoran Petition for Local Improvement (This petition requires a positive response from at least 35% of affected property owners) 20 To the City Council of the City of Corcoran, Minnesota: We, the undersigned, owners of not less than 35 percent in frontage of the real property abutting on (street), between the line of (street) and the line of such street be improved by Minnesota Statutes, Chapter 429. Street, hereby petition that (type of improvement) pursuant to Our signature on the following page(s) indicates only our request for the City Council to consider the improvement project in order to obtain additional information, such as the feasibility and associated costs. By signing below, we are in no way agreeing to the assessment of any improvement cost against our real property described below and have not agreed to pay any amount apportioned by the City. (attach additional pages for signatures) Examined, checked, and found to be in proper form and to be signed by the required number of owners of property affected by the making of the improvement petitioned for, City Clerk City of Corcoran Petition for Local Improvement (This petition requires a positive response from 100% of affected property owners) iAi To the City Council of the City of Corcoran, Minnesota: We, all owners of real property abutting on (street), between the line of (street) and the line of Street, hereby petition that such street be improved by (type of improvement) pursuant to Minnesota Statutes, Chapter 429, and that the city assess the entire cost of the improvement against our property described below and hereby agreed to pay the entire cost as apportioned by the City. Our signature on the following page(s) indicates only our request for the City Council to consider the improvement project in order to obtain additional information, such as the feasibility and associated costs. By signing below, we are in no way agreeing to the assessment of any improvement cost against our real property described below and have not agreed to pay any amount apportioned by the City. Signature of Owner Property Address (attach additional pages for signatures as necessary) Examined, checked, and found to be in proper form and to be signed by the required number of owners of property affected by the making of the improvement petitioned for. City Clerk 0 O O� n O `t3 C B cs• C9 n O I M CD c. � O �' fD � O CD b fD � a ice.. 0. CD r C CD � r-r e-h O t-f C. O ..ti a `C O � E 0 c� 0 cc o � n o �D O�Q O� h C Q-. C7 O �1 n � V rr ADMINISTRATOR'S REPORT Agenda Item No. 12b. Council Meeting: May 10, 2012 Prepared By: Dan Donahue, Administrator Topic: 2011 Performance Report Action Required: Information Policy: Adopt and adhere to an annual budget Budget Impact: None DNR ZONING ORDINANCE Total Summary: Staff is presenting the Performance Report for the year 2011. The report is meant to supplement the 2011 Financial Audit and the 2011 City Budget. While the audit reports on the city's overall financial position and financial practices, the Performance Report looks at the actual General Fund Budget and the end of year outcomes of that budget. The audit and the report show that the city ended 2011 on a positive note with overall revenues exceeding expenditures. I wish to highlight several areas in the Performance Report where expenditures (and some revenues) did not meet the projected and approved allocation. I will break down by the three city departments. Planning Administration The audit shows overall General Government expenditures exceeding budget by $23,529 with the largest deficit is in Planning Administration showing a deficit of $28,590. The Performance Report shows this same figure. The breakout of actual expenditures for Planning Administration is: Comments Amount ANDERSEN AG PRESERVE 11 -012 Total 115.00 ASSESSMENT ORDINANCE Total 316.25 CGO ZONING ORDINANCE Total 603.75 CITY MEETINGS Total 7,418.38 DNR ZONING ORDINANCE Total 4,148.01 ENGINEERING EXPENSE Total 2,149.00 GENERAL PLANNING Total ILLICIT DISCHARGE SUMMARY ORD Total ORDINANCE UPDATES Total 21,792.13 316.25 22,419.63 Administrator's Report—May 10, 2012 Council Meeting Page 2 PARK DEDICATION ORDINANCE Total 1,348.77 PUBLIC WORKS PROJECT Total 345.00 ZONING ORDINANCE Total 1 3.915.96 Total Expenditure 1 60,590.13 2011 Budget 32,000.00 The planning line item when developed did not have sufficient funds built into the budget for all of the ordinance changes that were required by the 2030 Comp Plan. All of the ordinance changes and amendments including the Park Dedication Ordinance exceeded $31,000. This was partially offset by revenues of $10,000 (which were unexpected at time of budget setting) by the Met Council award for work on the 2030 Comp Plan. The net overage then in Planning Administration is$18,590. Building Inspections The Audit has Building Inspections under Public Safety and shows that overall expenditures exceeding budget by $24,156 (dragging down the entire Public Safety Department which showed a deficit of $20,405). The Building Inspection program is reactionary to the number of permit requests coming to the city. The budget to actual is: r Building Inspect! 2011 Budget Expenditures 27,300 2011 Budget Revenues 37,000 Net Total- Budget 9,700 2011 Actual Expenditures 51,457 2011 Actual Revenue 83,590 Net Total - Actual 32,133 The actual net increase above the budget is actually $22,433 (revenues exceeding expenditures) Engineering The Audit shows the Public Works Department with a deficit of $17,222. Engineering is a subset of PW and that showed actual expenditures exceeding budget by $32,388. The expenditures for Engineering were: Comments Amount 2030 COMP PLAN EDIT Total 2,175.40 CITY TRAFFIC ITEMS Total COUNCIL MEETINGS Total 8,097.44 1,479.60 GENERAL MEETINGS Total 5,608.59 HIGHWAY 55 DETOUR Total 2,821.60 MNDOT STATE AID Total 1,104.44 MUNICIPAL STATE AID Total 7,978.44 Administrator's Report—May 10, 2012 Council Meeting Page 3 PAVEMENT MANAGEMENT & CIP Total 7,744.00 PLANNING Total 689.00 PUBLIC WORKS FACILITY Total 22,554.86 RESIDENT COMMUNICATION Total 171.00 i STORMWATERIWCA GENERAL TASKS Total 7,963.50 Total 68,387.87 At the time of the 2011 Budget development, the council discussed how to show the work on the "yet to be approved" PW Facility. The budget was developed without funds set aside for this expected expenditure (since the cost would be recovered in the future bond issue for the PW Facility). Also, two other unexpected programs (Hwy 55 Detour and Pavement Management) added to the overage in expenditures. Public Works The Performance Report shows PW expenditures exceeding budget by $46,619. The biggest overage was in line item 43100 -220 by $68,507. This was the result of the city truck burning up, its replacement, and subsequent insurance settlement of $72,521. Without the cost of replacing the truck, PW would have come in $21,888 under budget expenditures. One other PW note, the combined Gravel and Asphalt expenditure budget was $228,000. In any given year, one may be higher or lower than what is budgeted but together, expenditures have come in under budget for at least the last four years. In 2011, the combined expenditures of these two was $9,232 under budget. Other As you review the 2011 Audit and the 2011 Performance Report, you might want to note any questions you might have and forward to me. I will research and have ready for the council meeting. CITY OF CORCORAN 2011 PERFORMANCE REPORT - GENERAL FUND YEAR ENDED 12/31/11 UNAUDITED 12b. Account Description 2010 Actual 2011 Budget 2011 Actual Amount Remaining % of Budget Comments REVENUE Other General Government R 100 - 41900 -31020 Delinquent Property Taxes 76,177.71 25,000.00 40,730.06 15,730.06 62.92% R 100 - 41900 -31040 Fiscal Disparities 178,896.80 35,000.00 205,805.49 170,805.49 488.02% R 100 - 41900 -31100 General Property Taxes 2,092,928.56 2,411,777.00 2,124,824.71 - 286,952.29 - 11.90% R 100 - 41900 -31810 Cable Franchise Fee 34,674.40 30,000.00 37,252.86 7,252.86 24.18% R 100 - 41900 -32110 Liquor License Fee 18,260.00 18,500.00 18,260.00 - 240.00 -1.30% R 100 - 41900 -33402 Homestead Credit 1,514.57 0.00 0.00 0.00 0.00% R 100 - 41900 -33420 Ag Preserve Credit 3,306.06 1,000.00 4,788.69 3,788.69 378.87% R 100 - 41900 -33421 PERA State Aid 1,845.00 1,845.00 1,845.00 0.00 0.00% R 100 - 41900 -33422 Other State Grants and Aids 28,630.11 8,000.00 17,369.89 9,369.89 117.12% R 100 - 41900 -34000 Charges for Services 400.00 0.00 65.00 65.00 0.00% R 100 - 41900 -34103 Zoning /Land Use Appl Fee 5,410.00 5,000.00 6,265.64 1,265.64 25.31% R 100 - 41900 -34105 Copies /Maps 302.55 100.00 152.40 52.40 52.40% R 100 - 41900 -34107 Special Assessment Search 25.00 50.00 75.00 25.00 50.00% R 100 - 41900 -34108 TIF Administration 22,000.00 8,000.00 8,000.00 0.00 0.00% R 100 - 41900 -34405 Clean Up Day Income 962.50 1,200.00 1,060.00 - 140.00 - 11.67% R 100 - 41900 -36100 Special Assessments 0.00 0.00 0.00 0.00 0.00% R 100 - 41900 -36200 Miscellaneous Revenues 5,381.00 1,000.00 7,694.56 6,694.56 669.46% R 100 - 41900 -36210 Interest Earnings 4,442.84 6,000.00 4,070.71 - 1,929.29 - 32.15% R 100 - 41900 -36220 Other Rents and Royalties 7,812.00 7,812.00 7,812.00 0.00 0.00% R 100- 41900 -36230 Donations 1 1,975.00 1 0.00 1 1,175.00 1 1,175.00 1 0.00% $ 2,484,944.10 $ 2,560,284.00 $ 2,487,247.01 $ (73,036.99) -2.85% City Hall Operations R 100 - 41941 -34101 Facility Rental 3,165.00 4,719.00 4,442.50 - 276.50 -5.86% R 100 - 41941 -36200 Miscellaneous Revenues 1,455.92 0.00 2,778.48 2,778.48 0.00% $ 4,620.92 $ 4,719.00 $ 7,220.98 $ 2,501.98 53.02% Police R 100 - 42100 -32240 Animal Licenses 7.50 0.00 0.00 0.00 0.00% R 100 - 42100 -33423 Police Aid 46,328.00 47,000.00 46,565.00 - 435.00 -0.93% R 100 - 42100 -33424 Police POST Board Train Reimb 3,584.95 4,000.00 3,787.26 - 212.74 -5.32% R 100 - 42100 -33620 Other County Grants /Aid 10,321.02 13,000.00 11,247.68 - 1,752.32 - 13.48% R 100 - 42100 -34200 Police Permits 1,685.00 1,500.00 1,755.00 255.00 17.00% R 100 - 42100 -34201 Police Serviced Charges 8,400.00 7,000.00 5,847.50 - 1,152.50 - 16.46% R 100 - 42100 -34202 Police Reports /Fees 1,699.17 1,500.00 1,086.00 - 414.00 - 27.60% R 100 - 42100 -34204 Training 474.16 0.00 0.00 0.00 0.00% R 100 - 42100 -35101 Fines 110,388.36 70,000.00 106,500.41 36,500.41 52.14% R 100 - 42100 -36230 Donations 1 1 1,345.00 1,345.00 1 0.00% $ 182,888.16 $ 144,000.00 $ 178,133.85 $ 34,133.85 23.70% Building Inspection R 100 - 42400 -32210 Bldg /Plan Review Fees $ 77,358.20 $ 37,000.00 $ 83,590.10 $ 46,590.10 125.92% Public Works R 100 - 43100 -33418 Muni State Aid St Maintenance 84,890.84 110,000.00 129,363.90 19,363.90 17.60% R 100 - 43100 -34300 Public Works Permits /Fees 1,535.00 3,000.00 3,845.00 845.00 28.17% R 100 - 43100 -34301 Dust Control 1 1 77,854.301 1 72,530.00 7,a,888.481 1 6,358.481 1 8.77%1 1 CITY OF CORCORAN 2011 PERFORMANCE REPORT - GENERAL FUND YEAR ENDED 12/31/11 UNAUDITED 12b. Account Description 2010 Actual 2011 Budget 2011 Actual Amount Remaining % of Budget Comments R 100 - 43100 -36100 Special Assessments 274.52 0.00 0.00 0.00 0.00% R 100 - 43100 -36200 Miscellaneous Revenues 70,271.94 0.00 72,520.75 72,520.75 0.00% Insurance revenue /expense 43100 -220 R 100 - 43100 -36233 Refunds /Reimbursements 0.00 0.00 0.00 0.00 0.00% $ 234,826.60 $ 185,530.00 $ 284,618.13 $ 99,088.13 53.41% Ice & Snow Removal R 100 - 43125 -36200 Miscellaneous Revenues 1 0.00 0.00 1 8,010.00 1 8,010.00 1 0.00% 1 Salt sale $ - $ - $ 8,010.00 $ 8,010.00 0.00% Recycling R 100 - 43232 -33610 County Recycling Grant 16,474.00 16,400.00 14,551.00 - 1,849.00 - 11.27% R 100 - 43232 -34400 Recycling 66,952.02 62,000.00 70,964.70 8,964.70 14.46% $ 83,426.02 $ 78,400.00 $ 85,515.70 $ 7,115.70 9.08% Parks R 100 - 45200 -33422 Other State Grants and Aids 35,822.80 35,823.00 35,822.80 -0.20 0.00% R 100 - 45200 -34101 Facility Rental 1,165.35 2,500.00 1,310.50 - 1,189.50 0.00% R 100 - 45200 -36200 Miscellaneous Revenues 104.64 0.00 44.99 44.99 0.00% R 100 - 45200 -36230 Donations 3,895.00 0.00 1,320.00 1,320.00 0.00% R 100 - 45200 -36233 Refunds /Reimbursements 0.00 1 0.00 0.00 1 0.00 0.00% $ 40,987.79 $ 38,323.00 $ 38,498.29 $ 175.29 0.00% Transfers to /from Other Funds R 100 - 49360 -39200 Transfer from Other Fund $ - $ - $ - $ - 0.00% Transfers to /from Other Funds R 100 - 49360 -39200 Transfer from Other Fund $ 16,426.06 Total Revenue $ 3,125,477.85 $ 3,048,256.00 $ 3,172,834.06 1 1 $ 124,578.06 4.09%1 1 2 of 7 CITY OF CORCORAN 2011 PERFORMANCE REPORT - GENERAL FUND YEAR ENDED 12/31/11 UNAUDITED 12b. Account Description 2010 Actual 2011 Budget 2011 Actual Amount Remaining % of Budget Comments EXPENSE City Charter E 100 - 41000 -210 Operating Supplies (GENERAL) 8.50 0.00 235.07 - 235.07 0.00% E 100 - 41000 -300 Professional Srvs (GENERAL) 1,049.16 0.00 0.00 0.00 1 0.00% $ 1,057.66 $ - $ 235.07 $ (235.07) 0.00% City Council E 100 - 41100 -100 Wages and Salaries (GENERAL) 6,600.00 6,600.00 6,600.00 0.00 0.00% E 100 - 41100 -122 FICA 409.20 409.00 409.20 -0.20 0.00% E 100- 41100 -126 Medicare 95.70 96.00 95.70 0.30 0.00% E 100 - 41100 -210 Operating Supplies (GENERAL) 0.00 100.00 285.00 - 185.00 - 185.00% E 100 - 41100 -364 Worker's Comp Insurance 52.30 1 55.00 0.00 1 55.00 1 100.00% $ 7,157.20 $ 7,260.00 $ 7,389.90 $ 129.90 -1.79% Wastewater Committee E 100 - 41120 -210 Operating Supplies (GENERAL) 0.00 0.00 0.00 0.00 0.00% Newspaper /Newsletter/W ebsite E 100 - 41130 -351 Newsletter Expenses 4,066.50 4,000.00 3,714.49 285.51 7.14% E 100 - 41130 -354 Web Site 636.00 1 700.00 700.00 1 0.00 1 0.00% $ 4,702.50 $ 4,700.00 $ 4,414.49 $ 285.51 6.07% City Administrator E 100 - 41300 -100 Wages and Salaries (GENERAL) 87,960.13 87,623.00 87,623.12 -0.12 0.00% E 100 - 41300 -121 PERA 6,161.47 6,353.00 6,352.58 0.42 0.01% E 100 - 41300 -122 FICA 4,889.80 5,433.00 4,856.98 576.02 10.60% E 100- 41300 -126 Medicare 1,150.81 1,271.00 1,128.81 142.19 11.19% E 100 - 41300 -130 Employer Paid FSA 350.00 350.00 0.00 350.00 100.00% E 100 - 41300 -131 Employer Paid Health 11,566.20 8,921.00 9,123.32 - 202.32 -2.27% E 100 - 41300 -133 Employer Paid H S A 0.00 3,750.00 4,099.98 - 349.98 -9.33% E 100 - 41300 -140 Unemployment Comp (GENERAL) 2,513.53 0.00 0.00 0.00 0.00% E 100 - 41300 -208 Training and Instruction 1,566.67 3,000.00 2,668.47 331.53 11.05% E 100 - 41300 -210 Operating Supplies (GENERAL) 0.00 500.00 836.94 - 336.94 - 67.39% E 100 - 41300 -300 Professional Srvs (GENERAL) 0.00 0.00 0.00 0.00 0.00% E 100 - 41300 -364 Worker's Comp Insurance 903.00 996.00 709.00 287.00 28.82% E 100 - 41300 -433 Dues and Memberships 833.63 900.00 871.16 28.84 3.20% $ 117,895.24 $ 119,097.00 $ 118,270.36 $ 826.64 0.69% Clerk/Admin E 100 - 41400 -100 Wages and Salaries (GENERAL) 115,842.23 122,543.00 123,369.30 - 826.30 -0.67% E 100 - 41400 -110 Overtime 959.57 2,000.00 193.65 1,806.35 90.32% E 100 - 41400 -121 PERA 8,577.85 9,174.00 8,912.21 261.79 2.85% E 100 - 41400 -122 FICA 7,592.81 7,843.00 8,311.63 - 468.63 -5.98% E 100 - 41400 -126 Medicare 1,786.71 1,835.00 1,932.78 -97.78 -5.33% E 100 - 41400 -130 Employer Paid FSA 850.00 850.00 700.00 150.00 17.65% E 100 - 41400 -131 Employer Paid Health 6,085.66 13,350.00 6,753.91 6,596.09 49.41% E 100 - 41400 -132 Medical Cafeteria Plan 8,026.34 10,117.00 14,630.26 - 4,513.26 - 44.61% E 100 - 41400 -133 Employer Paid H S A 1,875.12 1,875.00 2,225.12 - 350.12 - 18.67% E 100 - 41400 -140 Unemployment Comp (GENERAL) 3,822.00 0.00 0.00 0.00 0.00% CITY OF CORCORAN 2011 PERFORMANCE REPORT - GENERAL FUND YEAR ENDED 12/31/11 UNAUDITED 12b. Account Description 2010 Actual 2011 Budget 2011 Actual Amount Remaining % of Budget Comments E 100 - 41400 -208 Training and Instruction 725.00 1,000.00 1,044.00 -44.00 - 4.40% E 100 - 41400 -210 Operating Supplies (GENERAL) 0.00 0.00 395.92 - 395.92 0.00% E 100 - 41400 -364 Worker's Comp Insurance 1,336.90 1,352.00 1,292.77 59.23 4.38% E 100 - 41400 -433 Dues and Memberships 160.00 150.00 60.00 90.00 60.00% $ 157,640.19 $ 172,089.00 $ 169,821.55 $ 2,267.45 1.32% Elections E 100 - 41410 -210 Operating Supplies (GENERAL) $ 6,506.92 $ 1,000.00 $ 1,121.55 $ (121.55) - 12.16% Auditor /Treasurer E 100 - 41540 -300 Professional Srvs (GENERAL) $ 29,043.50 $ 19,500.00 $ 22,570.00 $ (3,070.00 ) - 15.74% Assessor E 100- 41550 -210 Operating Supplies (GENERAL) 1,331.28 500.00 760.08 - 260.08 - 52.02% E 100 - 41550 -300 Professional Srvs (GENERAL) 49,284.00 1 49,284.00 1 49,284.00 1 0.00 1 0.00% $ 50,615.28 $ 49,784.00 $ 50,044.08 $ (260.08) -0.52% Attorney E 100 - 41600 -300 Professional Srvs (GENERAL) 41,606.01 35,000.00 32,971.67 2,028.33 5.80% E 100 - 41600 -304 Legal Fees 28,147.35 0.00 0.00 0.00 0.00% $ 69,753.36 $ 35,000.00 $ 32,971.67 $ 2,028.33 5.80% Other General Government E 100 - 41900 -360 Insurance (GENERAL) 40,640.00 45,000.00 42,717.00 2,283.00 5.07% E 100 - 41900 -433 Dues and Memberships 23,273.86 1 23,411.00 1 22,206.95 1 1,204.05 1 5.14% $ 63,913.86 $ 68,411.00 $ 64,923.95 $ 3,487.05 5.10% Planning & Zoning $ 72,550.63 $ 32,000.00 $ 60,590.13 $ (28,590.13) - 89.34% Code Enforcement E 100 - 41920 -100 Wages and Salaries (GENERAL) 0.00 13,863.00 5,514.32 8,348.68 60.22% E 100 - 41920 -121 PERA 0.00 977.00 399.74 577.26 59.08% E 100 - 41920 -122 FICA 0.00 836.00 341.40 494.60 59.16% E 100 - 41920 -126 Medicare 0.00 195.00 1 79.82 1 115.18 1 59.07% E 100 - 41920 -130 Employer Paid FSA 0.00 150.00 0.00 150.00 100.00% E 100 - 41920 -210 Operating Supplies (GENERAL) 1 0.00 1,500.00 594.64 905.36 60.36% $ - $ 17,521.00 $ 6,929.92 $ 10,591.08 60.45% City Hall Operations E 100 - 41941 -200 Office Supplies (GENERAL) 2,111.11 3,000.00 2,562.89 437.11 14.57% E 100 - 41941 -201 Postage /Shipping 2,550.86 4,100.00 2,024.99 2,075.01 50.61% E 100 - 41941 -207 Computer Supplies 2,266.32 3,000.00 5,072.96 - 2,072.96 - 69.10% E 100 - 41941 -210 Operating Supplies (GENERAL) 1 15,159.85 9,500.00 14,208.27 - 4,708.27 - 49.56% E 100 - 41941 -300 Professional Srvs (GENERAL) 7,249.53 7,000.00 10,831.59 - 3,831.59 - 54.74% E 100 - 41941 -321 Telephone 3,084.87 3,000.00 3,064.88 -64.88 -2.16% E 100 - 41941 -352 General Notices and Pub Info 3,651.47 2,000.00 1,632.31 367.69 18.38% E 100 - 41941 -364 Worker's Comp Insurance 0.00 565.00 0.83 564.17 99.85% E 100 - 41941 -380 Utility & Services (GENERAL) 17,848.35 13,500.00 14,903.84 - 1,403.84 - 10.40% E 100 - 41941 -400 Repairs & Maint Cont (GENERAL) 2,884.111 1 4,000.001 1 7,059.71 - 3,059.71 - 76.49% $ 56,806.47 $ 49,665.00 $ 61,362.27 $ 11,697.27 - 23.55% 4 of 7 CITY OF CORCORAN 2011 PERFORMANCE REPORT - GENERAL FUND YEAR ENDED 12/31/11 UNAUDITED 12b. Account Description 2010 Actual 2011 Budget 2011 Actual Amount Remaining % of Budget Comments IT (Info Technology) E 100 - 41951 -201 Postage /Shipping 0.00 0.00 0.00 0.00 0.00% E 100-41951-207 Computer Supplies 5,285.34 7,385.00 6,295.34 1,089.66 14.76% $ 5,285.34 $ 7,385.00 $ 6,295.34 $ 1,089.66 14.76% Police E 100 - 42100 -100 Wages and Salaries (GENERAL) 492,602.03 481,465.00 479,168.33 2,296.67 0.48% E 100 - 42100 -110 Overtime 8,870.04 13,000.00 11,251.09 1,748.91 13.45% E 100 - 42100 -111 Overtime Events /Grants 12,284.81 20,000.00 13,761.70 6,238.30 31.19% E 100 - 42100 -121 PERA 75,120.19 73,626.00 72,688.58 937.42 1.27% E 100 - 42100 -126 Medicare 7,442.70 8,651.00 7,506.73 1,144.27 13.23% E 100 - 42100 -130 Employer Paid FSA 2,450.00 2,800.00 414.00 2,386.00 85.21% E 100 - 42100 -131 Employer Paid Health 34,166.83 41,741.00 36,189.10 5,551.90 13.30% E 100- 42100 -132 Medical Cafeteria Plan 25,863.30 33,222.00 35,026.54 - 1,804.54 -5.43% E 100 - 42100 -133 Employer Paid H S A 9,375.60 10,222.00 11,125.60 - 903.60 -8.84% E 100 - 42100 -200 Office Supplies (GENERAL) 4,670.06 4,000.00 4,299.97 - 299.97 -7.50% E 100 - 42100 -201 Postage /Shipping 465.39 500.00 647.45 - 147.45 - 29.49% E 100 - 42100 -208 Training and Instruction 9,705.92 11,600.00 12,125.45 - 525.45 -4.53% E 100 - 42100 -209 Police Reserves 2,806.44 3,500.00 3,706.56 - 206.56 -5.90% E 100 - 42100 -210 Operating Supplies (GENERAL) 3,434.20 3,500.00 2,949.75 550.25 15.72% E 100 - 42100 -212 Motor Fuels 30,804.66 30,000.00 40,336.26 - 10,336.26 - 34.45% E 100 - 42100 -220 Repair /Maint Supply (GENERAL) 9,065.66 8,000.00 8,961.58 - 961.58 - 12.02% $1,000 squad repair deductible to be recovered by insurance E 100 - 42100 -223 Building Repair Supplies 3,268.49 3,000.00 2,404.76 595.24 19.84% E 100 - 42100 -300 Professional Srvs (GENERAL) 0.00 500.00 586.25 -86.25 - 17.25% E 100 - 42100 -301 Prisoner 3,064.71 10,000.00 4,965.84 5,034.16 50.34% E 100 - 42100 -304 Legal Fees 28,757.49 35,000.00 34,238.36 761.64 2.18% E 100 - 42100 -321 Telephone 4,938.81 7,200.00 5,917.07 1,282.93 17.82% E 100 - 42100 -323 Radio Units 12,543.14 17,300.00 12,160.98 5,139.02 29.71% E 100 - 42100 -364 Worker's Comp Insurance 26,979.00 26,564.00 25,287.19 1,276.81 4.81% E 100 - 42100 -380 Utility & Services (GENERAL) 3,074.46 4,000.00 3,999.30 0.70 0.02% E 100 - 42100 -417 Uniforms 6,908.71 7,310.00 6,708.76 601.24 8.22% E 100- 42100 -433 Dues and Memberships 1,065.00 1,000.00 790.00 210.00 21.00% $ 819,727.64 $ 857,701.00 $ 837,217.20 $ 20,483.80 2.39% Part Time Officers E 100 - 42101 -100 Wages and Salaries (GENERAL) 64,661.25 57,225.00 65,046.50 - 7,821.50 - 13.67% E 100 - 42101 -111 Overtime Events /Grants 2,162.00 0.00 3,548.00 - 3,548.00 0.00% E 100 - 42101 -121 PERA 4,290.23 1,250.00 1,955.24 - 705.24 - 56.42% E 100 - 42101 -122 FICA 3,886.97 2,866.00 1,957.81 908.19 31.69% E 100 - 42101 -126 Medicare 968.93 670.00 981.50 - 311.50 - 46.49% E 100 - 42101 -140 Unemployment Comp (GENERAL) 0.00 0.00 5,141.46 - 5,141.46 0.00% $ 75,969.38 $ 62,011.00 $ 78,630.51 $ (16,619.51 ) - 26.80% Police Admin E 100 - 42102 -100 Wages and Salaries (GENERAL) 36,549.34 38,230.00 37,638.83 591.17 1.55% E 100 - 42102 -121 PERA 2,796.42 2,808.00 2,738.44 69.56 2.48% E 100 - 42102 -122 FICA 2,499.13 2,401.00 2,616.94 - 215.94 -8.99% E 100 - 42102 -126 Medicare 588.23 562.00 608.28 -46.28 -8.23% E 100 - 42102 -130 Employer Paid FSA 350.00 350.00 350.00 0.00 0.00% J VI CITY OF CORCORAN 2011 PERFORMANCE REPORT - GENERAL FUND YEAR ENDED 12/31/11 UNAUDITED 12b. Account Description 2010 Actual 2011 Budget 2011 Actual Amount Remaining % of Budget Comments E 100 - 42102 -131 Employer Paid Health 163.80 295.00 1,323.58 - 1,028.58 - 348.67% E 100 - 42102 -132 Medical Cafeteria Plan 4,615.78 8,376.00 5,125.12 3,250.88 38.81% $ 47,562.70 $ 53,522.00 $ 50,401.19 $ 3,120.81 5.83% Fire E 100 - 42200 -300 Professional Srvs (GENERAL) 248,613.41 243,857.00 247,089.56 - 3,232.56 -1.33% E 100 - 42200 -550 Motor Vehicles 18,946.10 17,000.00 11,257.57 5,742.43 33.78% E 100 - 42200 -580 Other Equipment 0.00 1 1,000.00 1 676.00 1 324.00 1 32.40% $ 267,559.51 $ 261,857.00 $ 259,023.13 $ 2,833.87 1.08% Building Inspection E 100 - 42400 -300 Professional Srvs (GENERAL) 45,885.23 25,000.00 48,461.47 - 23,461.47 - 93.85% E 100- 42400 -437 Surcharges 2,968.88 2,300.00 2,995.40 - 695.40 - 30.23% $ 48,854.11 $ 27,300.00 $ 51,456.87 $ 24,156.87 - 88.49% Public Works E 100 - 43100 -100 Wages and Salaries (GENERAL) 276,056.94 274,872.00 285,063.83 - 10,191.83 -3.71% E 100 - 43100 -110 Overtime 24,076.86 19,000.00 19,345.16 - 345.16 -1.82% E 100 - 43100 -121 PERA 22,800.62 21,233.00 20,925.65 307.35 1.45% E 100 - 43100 -122 FICA 16,965.27 18,158.00 16,238.99 1,919.01 10.57% E 100 - 43100 -126 Medicare 4,462.02 4,247.00 3,772.10 474.90 11.18% E 100 - 43100 -130 Employer Paid FSA 1,750.00 1,750.00 984.00 766.00 43.77% E 100 - 43100 -131 Employer Paid Health 35,885.46 45,696.00 38,729.45 6,966.55 15.25% E 100 - 43100 -132 Medical Cafeteria Plan 4,759.21 6,408.00 6,407.96 0.04 0.00% E 100 - 43100 -133 Employer Paid H S A 11,044.04 11,251.00 11,723.76 - 472.76 -4.20% E 100 - 43100 -140 Unemployment Comp (GENERAL) 589.25 0.00 0.00 0.00 0.00% E 100 - 43100 -208 Training and Instruction 1,786.45 2,500.00 1,862.85 637.15 25.49% E 100 - 43100 -210 Operating Supplies (GENERAL) 20,026.02 18,000.00 15,583.09 2,416.91 13.43% E 100 - 43100 -212 Motor Fuels 30,382.25 30,000.00 39,943.23 - 9,943.23 - 33.14% E 100 - 43100 -220 Repair /Maint Supply (GENERAL) 19,065.25 18,000.00 86,507.36 - 68,507.36 - 380.60% $67,374 insurance settlement 43100 -36200 E 100 - 43100 -222 Seal Coating 52,440.00 50,000.00 50,087.50 -87.50 -0.18% E 100 - 43100 -223 Building Repair Supplies 50,711.42 6,500.00 7,751.79 - 1,251.79 - 19.26% E 100 - 43100 -225 Landscape /Ditch Materials 8,305.45 10,000.00 11,922.98 - 1,922.98 - 19.23% E 100 - 43100 -226 Sign Repair Materials 3,414.97 6,000.00 5,502.06 497.94 8.30% Bulk order will be placed before year end E 100 - 43100 -227 Crack Filling 10,667.12 15,000.00 15,337.65 - 337.65 -2.25% E 100 - 43100 -228 Dust Control 75,338.30 90,000.00 98,033.30 - 8,033.30 -8.93% E 100 - 43100 -229 Culverts 6,241.57 6,500.00 10,120.41 - 3,620.41 - 55.70% E 100 - 43100 -232 Gravel 103,078.42 128,000.00 95,049.10 32,950.90 25.74% E 100 - 43100 -233 Asphalt Maint/Patching 143,687.29 100,000.00 123,718.78 - 23,718.78 - 23.72% E 100 - 43100 -300 Professional Srvs (GENERAL) 2,100.00 32,100.00 2,100.00 30,000.00 93.46% PW Facility cost recorded in gen eng E 100 - 43100 -321 Telephone 3,940.58 3,600.00 4,386.46 - 786.46 - 21.85% E 100 - 43100 -360 Insurance (GENERAL) 3,645.00 0.00 0.00 0.00 0.00% E 100 - 43100 -364 Worker's Comp Insurance 17,974.08 16,512.00 13,419.49 3,092.51 18.73% E 100 - 43100 -380 Utility & Services (GENERAL) 7,142.14 10,000.00 8,884.06 1,115.94 11.16% E 100 - 43100 -381 Street/Signal Lights 2,412.41 4,000.00 2,624.34 1,375.66 34.39% E 100 - 43100 -417 Uniforms 4,949.73 7,000.00 6,920.17 79.83 1.14% E 100 - 43100 -810 Refunds /Reimbursements 1 0.001 1 0.001 1 0.001 1 0.001 1 0.00%1 1 $ 965,698.12 $ 956,327.00 $ 1,002,945.52 $ 46,618.52 -4.87% 6 of 7 CITY OF CORCORAN 2011 PERFORMANCE REPORT - GENERAL FUND YEAR ENDED 12/31/11 UNAUDITED 12b. Account Description 2010 Actual 2011 Budget 2011 Actual Amount Remaining % of Budget Comments Ice & Snow Removal E 100 - 43125 -210 Operating Supplies (GENERAL) $ 32,703.48 $ 20,000.00 $ 21,411.77 $ (1,411.77 ) -7.06% Engineeering E 100 - 43170 -300 Professional Srvs (GENERAL) 41,276.66 36,000.00 68,387.87 - 32,387.87 - 89.97% $ 41,276.66 $ 36,000.00 $ 68,387.87 $ (32,387.87 ) - 89.97% Employee Benefit Chgs E 100 - 43190 -300 Professional Srvs (GENERAL) 0.00 0.00 0.00 0.00 0.00% Recycling E 100 - 43232 -210 Operating Supplies (GENERAL) 201.78 1,075.00 1,839.40 - 764.40 - 71.11% E 100 - 43232 -300 Professional Srvs (GENERAL) 66,339.49 63,345.00 71,176.18 - 7,831.18 - 12.36% $ 66,541.27 $ 64,420.00 $ 73,015.58 $ (8,595.58) - 13.34% Parks E 100 - 45200 -100 Wages and Salaries (GENERAL) 15,498.10 16,700.00 14,480.39 2,219.61 13.29% E 100 - 45200 -110 Overtime 1,083.00 0.00 0.00 0.00 0.00% E 100 - 45200 -122 FICA 982.56 1,022.00 843.12 178.88 17.50% E 100 - 45200 -126 Medicare 230.77 239.00 196.65 42.35 17.72% E 100 - 45200 -210 Operating Supplies (GENERAL) 8,086.84 7,100.00 6,491.95 608.05 8.56% E 100 - 45200 -220 Repair /Maint Supply (GENERAL) 255.30 1,100.00 329.73 770.27 70.02% E 100 - 45200 -221 Maintenance Projects 9,457.26 10,000.00 10,351.90 - 351.90 - 3.526/6 E 100 - 45200 -300 Professional Srvs (GENERAL) 0.00 600.00 0.00 600.00 100.00% E 100 - 45200 -321 Telephone 720.53 700.00 749.79 -49.79 -7.11% E 100 - 45200 -364 Worker's Comp Insurance 2,599.91 2,805.00 3,798.84 - 993.84 - 35.43% E 100 - 45200 -380 Utility & Services (GENERAL) 5,768.71 7,100.00 4,436.87 2,663.13 37.51% E 100 - 45200 -530 Improvements Other Than Bldgs 35,902.80 35,823.00 35,822.80 0.20 0.00% E 100 - 45200 -810 Refunds /Reimbursements 0.00 0.00 0.00 1 0.00 0.00% $ 80,585.78 $ 83,189.00 $ 77,502.04 $ 5,686.96 6.84% Transfers to /from Other Funds E 100 - 49360 -710 Residual Equity Transfers 0.00 0.00 0.00 0.00 0.00% E 100 - 49360 -720 Operating Transfers 4,841.83 0.00 0.00 0.00 0.00% $ 4,841.83 $ - $ - $ - 0.00% Total Revenue $ 3,125,477.85 $ 3,048,256.00 $ 3,172,834.06 $ 124,578.06 4.09% Total Expense $ 3,094,248.63 $ 3,005,739.00 $ 3,126,931.96 $ (121,192.96) -4.03% Total Revenue - Total Expense $ 31,229.22 $ 42,517.00 $ 45,902.10 $ (3,385.10) -7.96% 7 of 7 FINANCIAL PLANNING AGREEMENT BY AND BETWEEN THE CITY OF CORCORAN, MINNESOTA AND NORTHLAND SECURITIES, INC. FINANCIAL PLANNING SERVICES This Agreement made and entered into by and between the City of Corcoran, Minnesota (hereinafter 'City') and Northland Securities, Inc., of Minneapolis, Minnesota (hereinafter 'NSI'). WITNESSETH WHEREAS, the City desires to use the services of NSI for financial planning services for determination of cash flow /fund balance reserve management (hereinafter "Project "). WHEREAS, the Project is intended solely for financial planning purposes and NSI is not providing advice on the timing, terms, structure or similar matters related to a specific bond issue. WHEREAS, NSI desires to furnish services to the City as hereinafter described. NOW, THEREFORE, it is agreed by and between the parties as follows: SERVICES TO BE PROVIDED BY NSI The scope of work to be performed by NSI is based on the following factors: 1. Fund balance levels for the City's property tax supported funds need to be reviewed to ensure adequate reserves exist to meet ongoing cash flow requirements. 2. Where fund balance levels in the City's property tax supported funds are not projected to be adequate to meet ongoing cash flow requirements, a financial plan needs to be identified and recommended. 3. The analysis of cash flow requirements must consider future capital improvements and related financing. NSI will undertake the following tasks: 1. Conduct kick off meeting with City Staff to review project objectives, set meeting schedule and collect background data. 2. Review background information on cash /fund balance levels and prior or current City policy on fund balance reserves. The City has the responsibility for collecting and providing NSI with information needed to conduct the review. Information sought by NSI includes: Service Agreement — Financial Planning Services Page 1 a. Annual financial statements for years 2006 -2010. b. Plans for capital improvements in years 2012 through 2016 (and future years if available) including type of improvement, estimated cost and timing. c. City prepared spreadsheets for analyzing cash flow. d. City policy documents concerning cash /fund balance reserves. 3. Design financial model for projecting future cash /fund balance levels for years 2012 through 2016 for the City's property tax supported funds. 4. Assist the City with the development or updating of a fund balance policy. 5. Review results. NSI will meet with the City to review results of the analysis. 6. Report initial findings and recommendations. NSI will prepare a memorandum that explains the results of the analysis in Tasks 3 -4 and presents a recommended course of action. 7. Present findings and recommendations at a meeting with the City Council. This scope of work includes one (2) meetings with City staff and one (1) meeting with the City Council. COMPENSATION For the services specified, NSI will be paid an amount not to exceed $5,400. The amount is based on the estimated number of hours required to complete these tasks at an hourly billing rate of $160/hour plus reimbursable expenses for travel, printing and mailing. NSI will bill on a monthly basis for actual services performed and actual reimbursable expenses. ASSIGINED NORTHLAND EMPLOYEE The NSI employee responsible for providing services pursuant to this agreement and for the services performed is Tammy Omdal. SUCCESSORS OR ASSIGNS The terms and provisions of this Agreement are binding upon and inure to the benefit of the City and NSI and their successors or assigns. DISCLAIMER In performing service under this agreement, NSI is relying on the accuracy of information provided by the City and the services provided by Northland are based on current State Law. The parties agree that the Minnesota property tax system and other laws may change and may affect the accuracy and validity of services provided by NSI. NSI will perform its work using the best available information. TERM OF THIS AGREEMENT This Agreement may be terminated by thirty (30) days written notice by either the City or NSI. In the event of early termination by the City, NSI shall provide the City with an itemized hourly statement of services already provided. All billable hours by NSI shall be billed at the stated hourly rates should early termination occur. Service Agreement — Financial Planning Services Page 2 Dated this _ day of May, 2012. Northland Securities, Inc. Senior Vice President /Director of Public Finance City of Corcoran, Minnesota Uz City Administrator Service Agreement — Financial Planning Services Page 3 CITY OF CORCORAN REQUEST FOR ACTION Department Head I City Council Date I Agenda Item Kent Torve, May 10, 2012 City Engineer Motion to authorize a public hearing of Corcoran's Storm Water Pollution Prevention Plan (SWPPP) on June 14, 2012, and publication of the required notice. ACTION REQUESTED Motion to authorize a public hearing of Corcoran's Storm Water Pollution Prevention Plan (SWPPP) on June 14, 2012, and publication of the required notice. BACKGROUND The Minnesota Pollution Control Agency requires the City of Corcoran to prepare and submit an annual report for the city's Municipal Separate Storm Sewer System Permit (MS4). The annual report is due no later than June 30th of each year. The permit requires the city to hold a public informational meeting at least once per year addressing the city's Storm Water Pollution Prevention Plan (SWPPP), a required component of the permit. Notice of the meeting must be published at least 30 days before it occurs. Recommendation It is recommended that the Council approve a public hearing to be held at the regular Council meeting on June 14, 2012. It is further recommended that a notice of the hearing be published in the North and South Crow River News on Monday, May 14, 2012. ATTACHMENTS Notice of Public Meeting 12d. CITY OF CORCORAN NOTICE OF PUBLIC MEETING TO ADDRESS STORM WATER POLLUTION PREVENTION PROGRAM The City of Corcoran invites all interested parties to attend a public informational meeting on June 14, 2012, at the Corcoran City Hall. This meeting will be conducted as part of a regularly scheduled Council Meeting, which begins at 7 p.m. The purpose of the meeting is to present and discuss the Storm Water Pollution Prevention Program ( SWPPP). Information will be presented and discussed regarding the activities the City is undertaking to implement the SWPPP, status of compliance regarding Permit conditions, progress toward achieving measurable goals, and planned activities for the next year. A copy of the SWPPP is available for review at City Hall. Please submit written comments to City of Corcoran, Attn: Dan Donahue, City Administrator, 8200 County Road 116, Corcoran, MN 55340. A copy of the Municipal Separate Storm Sewer System (MS4) General Permit is available at the City Office and online at http: / /www.pca. state. mn. us /publications /wq- strm4- 51.pdf. CLAIMS LISTING CHECK RANGE 19629 - 19665 Agenda Item: Agenda Item: Agenda Item: Date 4/4/12 4/19/12 4/20/12 4/20/12 4/24/12 4/23/12 4/23/12 4/25/12 4/24/12 4130/12 5/3/12 5/4/12 5/4/12 Total Agenda Item 13 a -c. Council Meeting Date: 5/10/2012 Prepared By: jheinecke 13a. FUND #500 Escrow Claims Paid to Amount Project name NONE Total Total Funds #500 (See attached Check Detail Register) 13b. Building Inspection Claims Paid To Amount NONE Total Building Inspections Claims = $ (See attached Check Detail Register) 13c. All Other Claims 106,874.21 (See attached Check Detail Register) Total of Auto Deductions 96,751.14 TOTAL EXPENDITURES FOR APPROVAL. 13c. Auto Deductions / Electronic Fund Transfer / Other Disbursements Paid to Amount The Hartford 325.75 Net Pay PR08 26,393.49 Payroll Taxes 9,245.36 Paychex Fee 229.25 P E RA 7,084.76 Citi Street - 457 Deferred Comp 2,922.00 Citi Street - Health Care Savings 1,397.87 US Bank - H S A 1,299.66 Postalia- Postage 350.00 Blue Cross Blue Shield 8,789,00 Net Pay PR09 28,514.47 Payroll Taxes 9,940.45 Paychex Fee 259.08 96,751.14 $ 203,625.35 H:ICity Hall informationlCiTY GOVERNMENTICouncil, Commissions & CommitteeslCouncil InformationlCouncil Claims12012 Claims.xis CITY OF CORCORAN 05/04/129:39 AM *Check Detail RegisterU Page 1 May 2012 perating Supplies (GENERAL) $971.05 EXP SUPPLIES E 201 -42100 -210 Operating Supplies (GENERAL) $600.00 EXP SUPPLIES Total BURNS RYAN $1,571.05 Paid Chk# 019635 5!10/2012 ` CARDIAC SCIENCE E 100-42100-210 Operating Supplies (GENERAL) $498.D0 14.90593 MEDICAL PADS /DEFIB Total CARDIAC SCIENCE $498.00 Paid Chk# 019636 m. 5/10/201-2 CARGILL INC E 100 - 43125 -210 Operating Supplies (GENERAL) Check Amt Invoice Comment 10100 Farmers Stat e Bank E100-43125-210 Operating Supplies (GENERAL) Paid Chk# 019629 5110!2012 ABDO, SICK &MEYERS, LLP E100-43125-210 `" - " E 100 -41540 -300 Professional Srvs (GENERAL) $10,500_00 293564 2011 AUDIT PROGRESS BILL Total ABDO, EICK & MEYERS, LLP $10,500.00 Paid Chk# 019637 Paid Chk# 019630 5/10/2012 ACME TOOLS ~. _:__._..........__.__._._.._............_........_..,-.,.,...,.....:__..._ ....._...._....- ............... E204-42100-210 Operating Supplies (GENERAL) $201:99 _...._ ...... 1284547 SUPPLIES E 100 - 42100 -200 Total ACME TOOLS ..... .... $201.99 ..._... - SUPPLIES Paid Chk# 019631 5/10/2012 ANDERSON, BRENT $1$0 01.... _J321620 E 204 - 42100 -210 Operating Supplies (GENERAL) $54.71 EXP FAS PLAQUE Total ANDERSON, BRENT ....$54.71 Paid Chk# 019632 5!10/2012 ASSURANT EMPLOYEE BENEFITS ' %M,...' .. ...,.............,............. .... E 100 -42100 -131 Employer Paid Health $159.60 0512 Insurance Premium E 100 -41400 -131 Employer Paid Health $35.25 0512 Insurance Premium E 100-42102-131 Employer Paid Health $12.35 0512 Insurance Premium E 100-43100-131 Employer Paid Health $87.67 0512 insurance Premium E 100- 41300 -131 Employer Paid Health $29.18 0512 Insurance Premium E 100- 41400 -131 Employer Paid Health 0512 Insurance Premium Total ASSURANT EMPLOYEE BENEFITS _($8_93) $315.12 w_..... -.:... _..:....:_._.:.,,.:.._.._. Paid Chk# 019633 ;. ,.,......: .m.._:,.........::.. .,,-:.,._,. w..._..._.,_..,_..,._..."...r . ............................... 5/10/2012 BANKWEST ...._.......................... - E 309 - 47000 -610 Interest $1,230.00 2006A BOND BOND INTEREST Total BANKWEST $1,230,00 Paid Chk# 019634 5/10/2012 BURNS RYAN E 204 -42100 210 0 perating Supplies (GENERAL) $971.05 EXP SUPPLIES E 201 -42100 -210 Operating Supplies (GENERAL) $600.00 EXP SUPPLIES Total BURNS RYAN $1,571.05 Paid Chk# 019635 5!10/2012 ` CARDIAC SCIENCE E 100-42100-210 Operating Supplies (GENERAL) $498.D0 14.90593 MEDICAL PADS /DEFIB Total CARDIAC SCIENCE $498.00 Paid Chk# 019636 m. 5/10/201-2 CARGILL INC E 100 - 43125 -210 Operating Supplies (GENERAL) $9,674.76 2900525327 Bulk De -Icer E100-43125-210 Operating Supplies (GENERAL) $1,635.31 2900526822 BULK DE ICER E100-43125-210 Operating Supplies (GENERAL) $3,235.32_ 2900526823 BULK DE ICER Total CARGILL INC $14,545.39 Paid Chk# 019637 5/10/2012 CDW GOVERNMENT E 100- 41951 -207 Computer Supplies $93.29 J321620 SUPPLIES E 100 - 42100 -200 Office Supplies (GENERAL) $86.72 SUPPLIES Total CDW GOVERNMENT $1$0 01.... _J321620 Paid Chk# 019638 5110!2012 . CHELSEA CAYE E 415 -41900 -530 Improvements Other Than Bldgs $727.77 050212 MEMORIAL GARDEN CLEAN UP CITY OF CORCORAN 05/04l129:39AM Page 2 *Check Detail Register© May 2012 Paid Chk# 019640 5/10/2012 bOMCAST- 902943338 E 100 - 42100 -321 Telephone $117.51 21624248 LAND LINE E 100 -43100 -321 Telephone $117.51 21624248 LAND LINE E 100 - 41941 -321 Telephone $117.50 21624248 LAND LINE Total COMCAST- 902943336 $352.52 Paid Chk #• 019641 5/10%2p f2 'COMMERCIAL ASPHALT COMPANY E 100 -43100 -233 Asphalt Maint/Patching $52.0.3.6 042012 42A WEAR $5'2'0.36---, 520.36 Total COMMERCIAL ASPHALT COMPANY — . .. Paid Chk# 019642 511 0/2012 CORCORAN LOCKER x V- _'----- ,- - - -,-- - --...:..._:.. ..:- _..:,:r, „_,,..:.:,- :..:_... E 204 - 42100 -210 Operating Supplies (GENERAL) $105.00 7455 FAS HOT DOGS Total CORCORAN LOCKER $105.00 __ Paid Chk# 019643 5!10/2012 CROW RIVER NEWS...- .w...... .. ................ .... .....,.. - ....•- ,•,.,_.... E100-41941-210 Operating Supplies (GENERAL) $34.00 2012 SUBS YEARLY SUBSCRIPTION Total CROW RIVER NEWS $34.00 Paid Chk #+ 019644 W'Y 5%10/26124 FARMERS STATE SANK OF HAMEL E 309 -47000 -610 Interest $1,230.00 2006A BOND BOND INTEREST Total FARMERS STATE BANK OF HAMEL $1,230,00 Paid Chk# 019645 - 5!1012012 Y 'GARY S DIESEL SERVICE fNC E 100 - 43100 -220 Repair /Maint Supply (GENERAL) $81.71 16391 REPAIR Total GARY S DIESEL SERVICE INC $81.71 E 100 - 43100 -220 Repair /Maint Supply (GENERAL) Check Amt Invoice Comment SUPPLIES Total CHELSEA CAYE $727,77 Pall Chk# 019639 5110!2012 CINTAS-470 y.s_ „• „n, __ ------ Y E 100- 42100 -223 Building Repair Supplies $26.72 470809628 FLOOR MATS E 100 - 41941 -210 Operating Supplies (GENERAL) $34.49 470809629 City Half Scraper Mat E 100 -43100 -417 Uniforms $64.34 470809630 PW Uniforms E 100 -42100 -223 Building Repair Supplies $26.72 470812943 FLOOR MATS E 100 -41941 -210 Operating Supplies (GENERAL) $85.84 470812944 City Hall Scraper Mat E 100 - 43100 -210 Operating Supplies (GENERAL) $65.94 470812945 TOWELS E 100 -43100 -417 Uniforms $63.96 470812946 PW Uniforms $85.21 Total CINTAS -470 $368.01 Paid Chk# 019640 5/10/2012 bOMCAST- 902943338 E 100 - 42100 -321 Telephone $117.51 21624248 LAND LINE E 100 -43100 -321 Telephone $117.51 21624248 LAND LINE E 100 - 41941 -321 Telephone $117.50 21624248 LAND LINE Total COMCAST- 902943336 $352.52 Paid Chk #• 019641 5/10%2p f2 'COMMERCIAL ASPHALT COMPANY E 100 -43100 -233 Asphalt Maint/Patching $52.0.3.6 042012 42A WEAR $5'2'0.36---, 520.36 Total COMMERCIAL ASPHALT COMPANY — . .. Paid Chk# 019642 511 0/2012 CORCORAN LOCKER x V- _'----- ,- - - -,-- - --...:..._:.. ..:- _..:,:r, „_,,..:.:,- :..:_... E 204 - 42100 -210 Operating Supplies (GENERAL) $105.00 7455 FAS HOT DOGS Total CORCORAN LOCKER $105.00 __ Paid Chk# 019643 5!10/2012 CROW RIVER NEWS...- .w...... .. ................ .... .....,.. - ....•- ,•,.,_.... E100-41941-210 Operating Supplies (GENERAL) $34.00 2012 SUBS YEARLY SUBSCRIPTION Total CROW RIVER NEWS $34.00 Paid Chk #+ 019644 W'Y 5%10/26124 FARMERS STATE SANK OF HAMEL E 309 -47000 -610 Interest $1,230.00 2006A BOND BOND INTEREST Total FARMERS STATE BANK OF HAMEL $1,230,00 Paid Chk# 019645 - 5!1012012 Y 'GARY S DIESEL SERVICE fNC E 100 - 43100 -220 Repair /Maint Supply (GENERAL) $81.71 16391 REPAIR Total GARY S DIESEL SERVICE INC $81.71 E 100 - 43100 -220 Repair /Maint Supply (GENERAL) $63.68 9803964320 SUPPLIES E 100 -43100 -220 Repair /Maint Supply (GENERAL) $278.44 9803964338 SUPPLIES E 100 -43100 -220 Repair /Maint Supply (GENERAL) $368.83 9804290618 SUPPLIES E 100 -43100 -220 Repair /Maint Supply (GENERAL) ($278.44) 9804290626 SUPPLIES E 100 -43100 -220 Repair /Maint Supply (GENERAL) $68.64 9805439834 SUPPLIES E 100 - 43100 -220 Repair /Maint Supply (GENERAL) $141.50 9805549574 SUPPLIES E 100 -43100 -220 Repair /Maint Supply (GENERAL) $8.71 9805549590 SUPPLIES E 100 -43100 -220 Repair /Maint Supply (GENERAL) $25.62 9806827375 SUPPLIES E 100 -43100 -220 Repair /Maint Supply (GENERAL) ($68.64) 9808169768 SUPPLIES E 100-43100-220 Repair /Maint Supply (GENERAL) $85.21 9808389689 SUPPLIES CITY OF CORCORAN 05104/129:39 AM Page 3 *Check Detail Register© May 2012 Paid Ch1c #'019fi50 .... 5'11012012 NAPA AkJ'f0'•PARTS - CORCORAN E 100 -43100 -210 Operating Supplies (GENERAL) Check Amt Invoice Comment E100-43100-210 >•S4y ($55.03) 839017 IGNITION E100-43100-210 Total GRAINGER $693.55 SWITCH Paid Chk# 019647 5/10/2012 HAMILTON, JOHN " ....,w E 100 -42100 -208 Training and Instruction $505.96 EXP ETI E 100- 42100 -208 Training and Instruction $106.52 EXP BCA USER CONFERENCE Total HAMILTON, JOHN $612.48 "` ., ............. Paid Chk# 019648 5/10/2012 HOCHSTETLER, DOME .,.. 2008 -0612 BOND INTEREST E100-42100-210 Operating Supplies (GENERAL) $55.00 EXP RANGE /PLYWOOD E201-42100-210 Operating Supplies (GENERAL) $325.00 EXP SUPPLIES E 204 - 42100210 Operating Supplies (GENERAL) EXP SUPPLIES $20.07 Total HOCHSTETLER, DUANE _$387.17 $767.17 5/10!2012 RANDYS SANITATION Paid Chk# 019649 5110!2012 'I ,:, ..m:.....,.._ „._. r......:,...._,..,__._....._:.:,._.._...:... M E NARDS .:._._....,.,...,.._..- ..,,__.. ............. . ,... _ _ ,_. ........_.._...._, .., ...... ...........: . E 100 -43100 -210 Operating Supplies (GENERAL) $45.22 67660 SUPPLIES E 100-43100-210 Operating Supplies (GENERAL) ($27.65) 69644 SUPPLIES E 100 - 43100 -210 Operating Supplies (GENERAL) $99.94 96556 SUPPLIES E 100 -43100 -210 Operating Supplies (GENERAL) ($14.58) 96569 SUPPLIES E 100-43100-210 Operating Supplies (GENERAL) $26.56 96581 SUPPLIES E 10043100 -210 Operating Supplies (GENERAL) $5.85 96617 SUPPLIES E 100 - 43100 -210 Operating Supplies (GENERAL) $6.28 96917 SUPPLIES E 100- 43100 -210 Operating Supplies (GENERAL) ($5.44) 96945 SUPPLIES E 100 - 43100 -210 Operating Supplies (GENERAL) ($11.55) 96946 SUPPLIES E 100 -43100 -210 Operating Supplies (GENERAL) $3.87 97358 SUPPLIES E 100 - 43100.210 Operating Supplies (GENERAL) ($39.95) 98898 SUPPLIES Total MENARDS $88.55 Paid Ch1c #'019fi50 .... 5'11012012 NAPA AkJ'f0'•PARTS - CORCORAN E 100 -43100 -210 Operating Supplies (GENERAL) $55.03 838855 IGNITION E100-43100-210 Operating Supplies (GENERAL) ($55.03) 839017 IGNITION E100-43100-210 Operating Supplies (GENERAL) $13.11 840676 SWITCH Total NAPA AUTO PARTS - CORCORAN ~� ._._..._ -- 1 $13.11 Paid Chk# 019651 5/10/2012 NORTHERN SAFETY TECHNOLOGY " . . - -- _................,.... E 100-43100-220 Repair /Maint Supply (GENERAL) $1_39.31 30382 SUPPLIES Total NORTHERN SAFETY TECHNOLOGY $1 1 39.31 Paid Chk# 019652 5/10/2012 NORTHLAND TRUST SERVICES ” "_._- .....,.,....,•.,•., „,• „_ "` ., ............. E 309 - 47000 -610 Interest 2008 -0612 BOND INTEREST Total NORTHLAND TRUST SERVICES _$9,0_80.50 $9,080.50 Paid Chk# 019653 5/10/2012 OFFICE bEPOT­ E 100 -42100 -200 Office Supplies (GENERAL) $20.07 604989472001 SUPPLIES Total OFFICE DEPOT $20.07 Paid Chk# 019654 5/10!2012 RANDYS SANITATION . ......... ...............................-............:...... ......- :....................... E 100 - 43232 -300 Professional Srvs (GENERAL) $5,312.95 041912 APRIL 2012 E 100 -41941 -380 Utility & Services (GENERAL) $184.06 041912 CITY HALL REFUSE E 100 -43100 -380 Utility & Services (GENERAL) $137.72 041912 GARBAGE SERVICE CITY OF CORCORAN 05/04/129:39 AM Page 4 'Check Detail Register© May 2012 Check Amt Invoice Comment E 100 - 45200 -380 Utility & Services (GENERAL) $213.67 041912 GARBAGE SERVICE Total RANDYS SANITATION $5,848.40 Paid Ghk# 019655 5/10/2412 ROAD WIDENER LLG 11 . . . ,- _ ......... ....... "" E 416 -43100 -580 Other Equipment $23,000.40_ 195 SKID STEER ATTACHMENT Total ROAD WIDENER LLC $23,000.00 PaidChk# 019656 5/10/2012 SPRINT -. ...... K............_.........,.:.. W_......__......_.:.._.::.w,...._....:..:_....:...::...,.......,_............_....._ ..................................................:....................:.......... ....._......................... E100-41920-210 Operating Supplies (GENERAL) $17.57 391283315125 CELL SERVICE E 100- 41300 -214 Operating Supplies (GENERAL) $17.57 391283315125 CELL SERVICE E 100 -43100 -321 Telephone $248.99 391283315125 CELL SERVICE E 100 -42100 -321 Telephone _$252.51 391283315125 CELL SERVICE Total SPRINT $535.64 :..:.,.._...,_.:-.:.:,.:..._:. ,..:._.- Paid Chk# 419657 .::......:......_.n,_., ....._.._..,_._..,-.,...,_ ..:,_.......:.:.__.:. �. .............. 5/14/2012 SPRINT ..... _..:........,,.K,._. -....... ... ....:....:....._._..................... ,._.._......................... E 100 - 42100 -323 Radio Units $156.00 193109814053 AIR CARDS Total SPRINT $156.00 Paid Chk# 019658 5/10!2012 STRETCHER S POLICEJEQUIPME* NT E100-42100-210 Operating Supplies (GENERAL) $331.31 1924217 SUPPLIES E 100-42100-417 Uniforms $237.94 1924287 PT OFFICER Total STREICHER S POLICE EQUIPMENT $569.25 _:, .,._..- .,.......n:__... Paid Chic# 019659 _...,...::.:.,_ .::.............:........:....:_.......,..,,. N.._._.:._.:_::._.....,_..._......_._,_....:-.._..............................._............................................_........_.........................................:.........:........ 5110/2012 SUN PRESS 8 NEWSPAPERS ....._..................:...... E 100-41941-352 General Notices and Pub Info $47.03_ 1.374042 PATNODE PLAT Total SUN PRESS & NEWSPAPERS — $47.03 Paid Chk# 019660 5110!2012 T & S TRUCKING OF BUFFALO ­ INC _...._ ............... E 100 -43100 -232 Gravel $28,033.65_ 1666 Gravel Trucking Total T & S TRUCKING OF BUFFALO INC $28,033.65 PaidChk# 019661 5!1012012 TEAMSTER LOCAL 320 . .... .......... ..__:._ ............:. ................. .... _._.. ....... .... — ... ........ _ ..... . ...................... . ...... .... .........._..,. ......... ................. .:...._.... v................................. ............. G 100 -21707 Union Dues _$286.20 MAY 2012 DUES/TLDF Total TEAMSTER LOCAL 320 $286.20 _0.5.12 PaidChk# 019662 5110!2012 US BANKCORP EQUIPMENT FINANCE :...... ...... ... . ... :............ ...:....._. ............. ..... _..... ............ ... ... . ................. .....,,...._........,. ....... .... ...... . ... .......... E 100 - 42100 -200 Office Supplies (GENERAL) $129.89 202415477 COPIER 'otal US BANKCORP EQUIPMENT FINANCE $129.89 Paid Chk# 019663 5110!2012 VERIZON WIRELESS E 100 -42100 -321 Telephone $54.81 2729144416 CELL SERVICE Total VERIZON WIRELESS $54.81 Paid Chk# 019664' - 5%10!2012 WESTSIbE WHOLESALE TIRE - :" "_........ E 100 -43100 -210 Operating Supplies (GENERAL) $12._00 6.80128 TIRE DISPOSAL Total WESTSIDE WHOLESALE TIRE $12.00 PaidChk# 019665 5!10/2012... ROLF ERICKSON ENTERPRISES INC...:.............._..._....,- ......:.....:..._...........................__................. ..... ..... ..... ..:::...:_._..:.,..:..:..:....,........ , :............................. E100-41550-210 Operating Supplies (GENERAL) $162.96 042612 APRIL 2012 CITY OF CORCORAN 05104/12 9:39 AM Page 5 `Check Detail Register© May 2012 Check Amt Invoice Comment E 100-41550-300 Professional Srvs GENERAL C ) $4,107.00 042612 APRIL 2012 otai ROLF ERICKSON ENTERPRISES INC $4,269.96 10100 Farmers State Bank $106,874.21 Fund Summary 10100 Farmers State Bank 100 GENERAL FUND $68,961.02 201 RESERVES DONATION FUND $925.00 204 FIREARMS SAFETY $1,719-92 309 D /S- EQUIPMENT CERTS $11,540.50 415 PARK CAPITAL FUND $727.77 416 CAPITAL - EQUIPMENT CERTS $23,000.00 .._ ............... $106,874.21 City of Corcoran Consultant Summary 5/10/2012 Name invoice Date Check # Amount Due Abdo, Eick & Meyers LLP Rolf Erickson Enterprises 04/13/12 04/26/12 19629 19665 10,500.00 4,269.96 Total 14,769.96 HACity Hall Informatlon\CITY GOVERN MENT1Council, Commissions & CommitteeslCcuncil Information\Council Claims12012 Claims.xls CITY OF CORCORAN 8200 CTY RD 116 CORCORAN, MN 55340 Invoice No, 293564 Date 0411312012 Client No. 41390 SERVICES RELATED TO CERTIFIED AUDIT IN ACCORDANCE WITH GENERALLY ACCEPTED AUDITING STANDARDS THROUGH 04/17/2012 PROGRESS BILL Please provide the following information to pay by credit card. Payment Amount: Card Member Signature: ABDO, EICK & MEYERS, LLP Please remit payments to: P.O. Box 3166 Mankato, MN 56002 -3166 Billing Questions: 952.715.3030 507.625.2727 EXT 3030 Questions @aemcpas.com $ 10.500.00 I would like a receipt sent to me: Yes No Date: Card Number: Exp Date: Card Code: (A FINANCE CHARGE computed at 12% ANNUAL PERCENTAGE RATE will be added to any balance remaining 30 days after receipt of invoice) 41390 STATEMENT 26 -Apr -12 ROLF ERICKSON ENTERPRISES, INC. SOUTWEST ASSESSING P O BOX 47841 PLYMOUTH, MN 55447 CITY OF CORCORAN 8200 Co. Rd. 116 CORCORAN, MN 55340 APRIL 2012 ASSESSING FEE COUNTY DATA FEE APEX BUILDING DRAWING SUPPORT $4,107.00 $16.39 $146.57 TOTAL $4,269.96