HomeMy WebLinkAbout2016-01-14 Council Agenda Packet CITY OF CORCORAN
*Includes Materials - Materials relating to these agenda items can be found in the House Agenda Packet by
Door.
Corcoran City Council Agenda
January 14, 2016 -7:00pm
1. Call to Order / Roll Call
2. Pledge of Allegiance
3. Agenda Approval
4. Open Forum
5. Presentations
a. Representative Jerry Hertaus
6. Consent Agenda
a. Draft Minutes of December 21, 2015 Council Meeting*
b. Rogers Comprehensive Plan Amendment*
c. Resolution 2016-02 – Accepting Donation from the Northwest Area Jaycees*
d. Resolution 2016-04 – Accepting Donation from the Northwest Area Jaycees*
7. Claims as Presented
a. Escrow Claims (Fund #500)*
b. All Other Financial Claims*
8. Staff Reports / Memos/Commissions
a. Lease Termination Notice – Rockford School District*
9. Planning Business
a. Ground Mounted Solar Request*
10. Unfinished Business
a. Resolution Declaring Hazardous Building – Order to Remove*
b. Consideration to Initiate Mediation – Public Works Floor Settling Issue*
c. Lawful Gambling Ordinance*
d. Willow Drive Improvement Project – Assessment Discussion*
11. New Business
a. Amendment to Water Service Agreement*
b. Annual Appointments*
c. Elm Creek TMDL Draft Report*
d. Commission Appointment Process*
12. Unscheduled Items
13. 2016 Council Schedule*
14. Council Liaison Calendar
Planning Commission
1/07/16 2/04/16 3/03/16 4/07/16
Cancelled Keefe Hank Thomas
Parks and Trails Commission
1/19/16 2/16/16 3/15/16 4/19/16
Keefe Hank Thomas Guenthner
15. Adjournment
City of Corcoran
City Council Meeting Minutes
December 21, 2015 -7:00pm
The Corcoran City Council met on December 21, 2015, at City Hall in Corcoran, MN.
Present were Mayor Guenthner, Councilor Hank, Councilor Keefe, Councilor LaFave, and Councilor
Thomas.
Also present were City Administrator Martens, City Planner Lindahl, City Engineer Torve, Director of
Public Safety Gottschalk, and Clerk/Administrative Services Coordinator Beise.
1.Call to Order / Roll Call
Mayor Guenthner called the meeting to order at 7:00pm.
2.Pledge of Allegiance
Mayor Guenthner invited all in attendance to rise and join in the Pledge of Allegiance.
3.Agenda Approval
MOTION: made by LaFave, seconded by Thomas to approve the agenda as presented.
Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas
(Motion carried 5:0)
4.Open Forum
5.Presentations
No presentations were heard.
6.Consent Agenda
a.Draft Minutes of December 10, 2015 Council Meeting
b.Abdo, Eick & Meyers Engagement Letter
MOTION: made by Hank, seconded by Thomas to approve the consent agenda.
Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas
(Motion carried 5:0)
7.Claims as Presented
a. Escrow Claims (Fund #500)
MOTION: made by Keefe, seconded by LaFave to approve the escrow claims as presented.
Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas
(Motion carried 5:0)
b. All Other Financial Claims
MOTION: made by Thomas, seconded by Hank to approve all other claims as presented.
Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas
(Motion carried 5:0)
8.Staff Reports / Memos/Commissions
a.Planning Update; report received.
b.Code Compliance Report; report received.
c.Hennepin County Youth Baseball and Softball Grant
City Administrator Martens noted that the City received the grant for the scoreboard project at
Snyder Field. Mayor Guenthner thanked staff for their work on the grant.
d.2015 Year in Review; report received.
9.Planning Business / Landform
a. Public Hearing – Request for Vacation of Street and Drainage and Utility Easements
City Planner Lindahl presented the report, noting the vacation is for the street and associated street
and drainage and utility easements for the unimproved Commerce Street. Mayor Guenthner
opened the public hearing. David Remer, Lawn King, 7555 County Road 116, addressed the
Council and presented a copy of a certified 1998 survey completed that showed the vacation. Loren
Leuer, Westside Tire, 19925 75th Avenue, addressed the Council noting that he had been checking
with other cities on their vacation process. Mr. Leuer detailed that this issue should have been
resolved 30 years ago and Mr. Remer should not bear the cost but the City should. Mr. Leuer noted
he felt the City should correct the issue and he felt his signature was acquired under duress for the
petition as not signing would hold up Mr. Remer.
MOTION: made by Hank seconded Keefe to close the public hearing.
Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas
6a.
(Motion carried 5:0)
Council discussed the previous direction related to the easement (splitting the costs between the
City and the Property Owners), the benefit to the property owner, and the responsibility of the
property owner and City.
MOTION: made by Thomas, seconded Hank to approve Resolution 2015-68 approving vacation of
the remaining portion of the unimproved East Commerce Street lying north of 75th Avenue and the
adjacent drainage and utility easements with the “Countryside Plaza 2nd Addition”.
Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas
(Motion carried 5:0)
b. Beacon Academy Sketch Plan
City Planner Lindahl presented the report noting a comprehensive plan amendment will need to be
completed, staff is recommending a right in right out southerly entrance, and staff is exploring a joint
use of space for park dedication. City Administrator Martens noted that we received comments from
the Rockford School District. Council discussed and commented on the recommended traffic
changes by staff, impact on current school districts, and opportunity for Corcoran. Additionally the
Council discussed the possible impacts of County Road 10, the private drive on the ghost plat and
the comprehensive plan. Jacqueline May from Cushman Wakefield noted they anticipate 72
employees for the new school and bringing more traffic to Corcoran. Sean Koster, Principal of
Beacon Academy described their current enrollment from mostly larger districts, they estimated 28
students per classroom in this school and the lottery open enrollment. Principal Koster noted the
school is a public school.
10. Unfinished Business
a. Radar Speed Sign Display Purchase
Lieutenant Burns presented the report. Council discussed the mounting options and the cost
savings with this option.
Motion: made by Lafave, seconded by Keefe to purchase two Traffic Logix Radar speed signs
based on the quote with remaining 2015 funds.
Ayes: Guenthner, Hank, Keefe, LaFave, and Thomas
(Motion carried, 5:0)
b. Downtown Utility and Street Improvement Process
City Administrator Martens presented the report, noting that additional information recently obtained
about the location to avoid the Schendel property, costs and the option for the City bid alternates for
the lift station location. Council discussed the different options, the effect on the pro forma and
funding mechanisms. February 11th is the anticipated timeline for a review of the funding and the
viewing of the bids.
MOTION: made by Lafave, seconded by Hank to direct staff to solicit bids based on the
specifications presented with two alternative routes, the southerly route and the previous option A
presented at the September 24th City Council meeting.
Ayes: Guenthner, Hank, Keefe, LaFave, and Thomas
(Motion carried, 5:0)
c. Willow Drive Pavement Improvement Project
City Administrator Martens presented the report, noting the proposed properties, amended timeline
and possible easement contribution. Council discussed assessments on indirect properties and
including an indirect assessments for properties with building rights.
Per consensus, Council directed staff to work with the appraiser to create a legal and sustainable
means to assess indirect benefiting properties.
11. New Business
a. Compensation Study
City Administrator Martens presented the report outlining noted through conversations with
Springsted, the estimated cost for out of pocket expenses was $400.
MOTION: made by Keefe, seconded LaFave to authorize staff to execute a contract with
Springsted Incorporated to complete a compensation study.
Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas
(Motion carried 5:0)
b. 2016 Fee Schedule
City Administrator Martens presented the report.
MOTION: made by Thomas, seconded Keefe to adopt Ordinance 312- Adopting 2016 Fee
Schedule.
Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas
(Motion carried 5:0)
c. 2016 General Fund Budget and Property Tax Levy
City Administrator Martens presented the report
MOTION: made by Keefe, seconded Thomas to approve Resolution 2015-65 Adopting 2016
Budget and Final 2015 Tax Levy, Collectible in 2016.
Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas
(Motion carried 5:0)
d. 2016 Wage Schedule and Benefit Package for City Employees
City Administrator Martens presented the report.
MOTION: made by Lafave, seconded by Thomas to approve Resolution 2015-66 Approving 2016
Wage Scale and Benefits Package for City Employees.
Councilor Hank noted he would not vote for the wage scale and benefits package as the program
that pays 100% of short-term disability coverage at 100% eliminates the incentive for employees to
come back to work.
Ayes: Guenthner, Keefe, LaFave, and Thomas Nay: Hank
(Motion carried 4:1)
e. 2016 Water and Sewer Budgets
City Administrator Martens presented the report.
MOTION: made by Thomas, seconded LaFave to approve Resolution 2015-67 Adopting Budgets
for the Water and Sewer Funds.
Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas
(Motion carried 5:0)
f. 2016 City Council Calendar
City Administrator Martens presented the report requesting that Council consider a work session
prior to the first meeting of each month.
MOTION: made by Hank, seconded LaFave to approve the 2016 City Calendar as presented with
scheduled monthly work sessions. .
Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas
(Motion carried 5:0)
Mayor Guenthner recessed the regular meeting at 9:10 pm with the closed session to begin at
9:15pm.
12. Closed Meeting - City Administrator Performance Evaluation
Mayor Guenther reconvened the regular meeting at 9:32 pm.
Mayor Guenthner “In the closed session the city council evaluated the performance of the City
Administrator. The city council found the City Administrator’s performance to be very strong.”
13. Unscheduled Items
No unscheduled were presented.
14. 2016 Council Schedule
City Administrator Martens reviewed the upcoming draft Council schedule.
15. Council Liaison Calendar
The Council liaison calendar was not reviewed, but was available in the Council packet. Council
discussed getting feedback from commissioners on the Council Liaison process. Mayor Guenthner
thank the Council and staff for a good year.
16. Adjournment
MOTION: made by LaFave seconded by Thomas to adjourn.
Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas
(Motion carried 5:0)
Meeting adjourned at 9:38pm.
________________________________
Jessica Beise – City Clerk/Administrative Services Coordinator
105 South Fifth Avenue
Suite 513
Minneapolis, MN 55401
Tel: 612-252-9070
Fax: 612-252-9077
www.landform.net
Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC.
TO:Corcoran City Council
FROM:Kendra Lindahl, Landform
DATE:January 4, 2016 for the January 14, 2016 City Council Meeting
RE:Rogers Comprehensive Plan Amendment
1.Background
The City received notice (dated November 25, 2015) of a proposed comprehensive plan
amendment from the City of Rogers on December 21, 2015. The City of Corcoran has 60
days to provide comments to the City of Rogers.
Staff has reviewed the proposed amendments for the Lennar “Stone’s Throw” development
in Rogers. The proposed change is from Mid Density Residential, Mixed Use Regional and
Commercial to Single Family. This new land use would allow development at 2-5 units per
acre. Lennar has submitted a concept plan with a mix of single family and townhome units
at the southwest corner of the intersection of Territorial Road and Brockton Lane. The
adjacent land in Corcoran is guided Light Industrial. We find that the proposed changes
have no significant impact on Corcoran’s Comprehensive Plan, which continues to show
Light Industrial land. However, Lennar should be made aware of the City of Corcoran’s land
use designation so that they can plan appropriate screening from this future industrial.
Please review the attached letter and make any necessary modifications. The Council must
authorize staff to send the letter prior to January 25, 2014 when our 60-day statutory review
period ends.
2.Recommendation
Move to authorize the Mayor to sign and send the attached letter to the City of Rogers.
Attachments:
1.Draft Letter to Rogers
2.Rogers Proposed Comprehensive Plan Amendments
3.City of Corcoran Adopted Land Use Map
Agenda Item 6b.
CITY OF CORCORAN
8200 County Road 116, Corcoran, MN 55340
763.420.2288 – Office 763.420.6056 – Fax
E-mail -general@ci.corcoran.mn.us /Web Site -www.ci.corcoran.mn.us
January 14, 2016
Sheila Cartney,
City Planner/Community Development Coordinator
City of Rogers
22350 South Diamond Lake Road
Rogers, Minnesota 55374
RE: Rogers Comprehensive Plan Update
Ms. Cartney,
The City of Corcoran has reviewed the City of Rogers Comprehensive Plan update, which was
received on December 21, 2015 with your letter dated November 25, 2015.
The City of Corcoran finds that the proposed Comprehensive Plan amendment has no impact
on the City of Corcoran’s adopted 2030 Comprehensive Plan. However, the City of Rogers
should make the applicant aware that the property is Corcoran is guided Light Industrial and will
remain Light Industrial for the foreseeable future, so that they can plan appropriate screening
from this future industrial.
Sincerely,
Kenneth Guenthner
Mayor
Brad Martens
City Administrator
Copy: Kendra Lindahl, City Planner
City File
ROADSCHUTTE
GLEASON ROAD
JUBERT
LAKE
MEISTER ROAD
OLD SETTLERS RD
HORSESHOE TRAIL
STIEG RD
WILLOW D
RIVE
HACKAMORE ROAD
TR
AIL HAVEN ROAD
CAI
N ROAD
O A K D A L E D R
STREHLER ROAD
PIONEER TR
COUNTY ROAD 117
ROLLLING HILLS RD
LARKIN RD
(62ND AVE N)
TOWNSHIP OF HASSAN
CITY OF GREENFIELD
CITY OF MAPLE GROVE
CITY OF MEDINA
SCOTT LAKE
BECHTOLD ROAD
$+
$+
$+
$+
$+
$+
$+
$+
MORINLAKE
GOOSELAKE
COOKLAKE
RUSH CREEK
6/21/22
10/2020
4/22/2020
4/27/2022
4/27/2022
6/21/22
2/7/2015
7/24/2018
5/26/2020
7/24/2018
4/28/2021
2/07/2015
8/9/2018
5/26/2020
10/201812/23/22
2/17/2015
4/22/2020
2030 FutureLand Use Plan
4
3,000 0 3,0001,500 Feet
2030 Comprehensive Plan
Figure 8
Rural/Ag Residential
Existing Residential
Low Density Residential
Medium Density Residential
Mixed Residential
High Density Residential
Rural Service/Commercial
Commercial
Mixed Use
Business Park
Light Industrial
Public/Semi-Public
Parks/Open Space
Golf Course
Agricultural Preserve (Date of Expiration)
Open Water
City Limit
Staging Boundaries
Wetlands
*The Future Land Use plan depicts the location and intensity of future development through a variety of land use types. This plan is intended to guide future development however the City has discretion to amend (with Metropolitan Council approval) the plan in response to landowner/ developer requests or response to other system plans.
Updated December 2014Adopted June 2011
19
10
50
19
10
30
101
116
City ofCORCORAN
City of Corcoran January 14, 2016
County of Hennepin
State of Minnesota
RESOLUTION NO. 2016-02
Motion By:
Seconded By:
A RESOLUTION ACCEPTING THE NORTHWEST AREA JAYCEES DONATION
WHEREAS, the City of Corcoran supports the efforts of the Northwest Area Jaycees; and
WHEREAS, the Northwest Area Jaycees made a financial donation to the City of Corcoran in
the amount of $29.36;
WHEREAS, The City Council finds that it is appropriate to accept the donation as offered for the
benefit of the City’s Park Fund.
NOW THEREFORE BE IT RESOLVED, the City Council of the City of Corcoran acknowledges
the generosity of the Northwest Area Jaycees and graciously accepts the donation.
VOTING AYE VOTING NAY
Guenthner, Ken Guenthner, Ken
Hank, Pat Hank, Pat
Keefe, Mike Keefe, Mike
LaFave, Tonya LaFave, Tonya
Thomas, Ron Thomas, Ron
Whereupon, said Resolution is hereby declared adopted on this 14th day of January,
2016.
________________________________
Ken Guenthner – Mayor
ATTEST:
___________________________________
Jessica Beise – City Clerk/Administrative Services Coordinator
City Seal
6c.
City of Corcoran January 14, 2016
County of Hennepin
State of Minnesota
RESOLUTION NO. 2016-04
Motion By:
Seconded By:
A RESOLUTION ACCEPTING THE NORTHWEST AREA JAYCEES DONATION
WHEREAS, the City of Corcoran supports the efforts of the Northwest Area Jaycees; and
WHEREAS, the Northwest Area Jaycees made a financial donation to the City of Corcoran in
the amount of $1,100.00;
WHEREAS, The City Council finds that it is appropriate to accept the donation as offered for the
benefit of the Eagle Scout Project on the Ice Arena.
NOW THEREFORE BE IT RESOLVED, the City Council of the City of Corcoran acknowledges
the generosity of the Northwest Area Jaycees and graciously accepts the donation.
VOTING AYE VOTING NAY
Guenthner, Ken Guenthner, Ken
Hank, Pat Hank, Pat
Keefe, Mike Keefe, Mike
LaFave, Tonya LaFave, Tonya
Thomas, Ron Thomas, Ron
Whereupon, said Resolution is hereby declared adopted on this 14th day of January,
2016.
________________________________
Ken Guenthner – Mayor
ATTEST:
___________________________________
Jessica Beise – City Clerk/Administrative Services Coordinator
City Seal
6d.
STAFF REPORT Agenda Item 8a.
Council Meeting:
January 14, 2016
Prepared By:
Brad Martens
Topic:
Lease Termination Notice – Rockford
School District
Action Required:
Accept
Summary:
In 2006, the City entered into a lease agreement with the Rockford School District in
order to utilize school district property for recreational activities. This lease was for a ten
year term ending December 31, 2016 with an option to extend. The lease also includes
an early termination clause. The Rockford School District has submitted to the City a
letter to terminate the lease effective December 31, 2016 and not to extend.
Through previous conversations with the school district, it is understood that the intent is
to re-negotiate the lease to match other leases the school district has with other
municipalities. The City Administrator will work with the Rockford School Superintendent
to re-negotiate the lease in early 2016.
Financial/Budget:
The lease requires the City of Corcoran to improve and maintain fields in lieu of
payment for use.
Alignment with Values:
This item relates to the following adopted values:
EXCELLENCE AND QUALITY IN THE DELIVERY OF SERVICES
We believe that service to the public is our reason for being and strive to deliver
quality services in a highly professional, cost-effective, and friendly manner.
FISCAL RESPONSIBILITY
We believe that fiscal responsibility and the prudent stewardship of public funds
is essential for citizen confidence in government.
Options:
1.Accept the lease termination notice.
Recommendation:
Accept the lease termination notice.
Council Action:
Accept the lease termination notice.
Page 2
Attachments:
1. Lease Termination Notice – Rockford School District
2. Real Property Lease
I? C IVED JUN 3 u ZuG
C_
REAL PROPERTY LEASE
THIS LEASE is made and entered into by and between Independent School
District No. 883, Rockford, (hereinafter "District "), and the City of Corcoran (hereinafter
City ").
FOR AND IN CONSIDERATION of the mutual covenants hereinafter provided
and other good and valuable consideration, receipt and sufficiency of which is hereby
acknowledged, District does hereby lease to City the following described Property
located in the City of Corcoran, Hennepin County, Minnesota:
Legal description of property attached as Exhibit A]
1. Term. The term of this Lease shall be from the period commencing on
January 1, 2006, and terminating on December 31, 2016`. The City shall have the right to
renew and extend this Lease for an additional ten -year period by giving District written
notice by at least 90 days before the termination of the Lease. This paragraph shall be
subject to the conditions of paragraph 10 (Early Termination of Lease).
2. Use. City shall use the Property for recreational activities and other
commonly associated purposes. Additionally, the City's use of the Property shall be
consistent with District policies, except as otherwise stated in this Lease. The City shall
not allow the use or possession of firearms on the Property at any time except for on -duty
police officers.
3. District Priority. The parties agree to cooperate and provide opportunities
for safe and enjoyable recreational activities on the Property. The District retains the
priority right (primarily April 1 through May 31 and August 20 through October 31 of
each year) to use the Property during the term of this Lease. The City anticipates primary
use of the Property in June, July, and to August 20 of each year. The District and the
City will cooperatively schedule activities on the Property and both the District and the
City will cooperate and coordinate with the Corcoran Athletic Association, all parties
working to assure there are no conflicts.
4. Maintenance. The City shall, at its own cost and without expense to
District, keep and maintain the Property in good and safe order, condition and repair.
The placement of equipment and maintenance shall be done in a manner not to
unreasonably interfere with any use of the Property by either of the parties. The attached
Exhibit B outlines City routine maintenance and shows improvements the City has made
and the approximate cost to the City of the improvements and maintenance.
5. Improvements. The City will not make any alterations, repairs, additions or
improvements to the Property without the prior written consent of the District. The City
agrees to indemnify and save District free and harmless from any liability, loss, cost,
damage or expense including reasonable attorney's fees incurred by reasons of any said
alteration, repairs, additions or improvements. Any additions or improvements in or to
the Property made by or on behalf of City become the property of the District at the
termination of this Lease. This includes the permanent improvements and does not
prevent the City from removing non - permanent items such as storage facilities, etc.
District shall have the right to make changes to the Property, including the right to
i) construct buildings on the Property for such purposes as District may deem
appropriate, and (ii) enter the Property for the purpose of constructing and installing
improvements on the Property. District shall make reasonable efforts to notify the City
of any changes or improvements it intends to make to the Property and such changes or
improvements should not be inconsistent with the City's right to use the Property under
this Lease. The City and the District will negotiate repairs and maintenance of additional
structures placed on the Property by the District at the time such structures are completed.
6. Right of First Refusal. In the event the District determines to sell the leased
Property, and before the District accepts an offer, the City shall have the first right to
purchase the Property and match the offer received by the District.
7. Signs. City agrees that no sign, placard or other advertising material shall
be installed, repaired, replaced, erected, attached or affixed to any portion of the Property,
without the express prior written consent of District. An existing sign may remain so
long as, in the sole discretion of the District, the sign is in a clean, orderly, and
unblemished condition.
8. Alcohol. The City shall not permit the sale or consumption of alcohol on
the Property unless the appropriate special licenses are granted under State and local
authority and unless the City provides the District with proof that the appropriate liquor
liability insurance required under State law is in place.
9. Compliance with Laws. City shall not allow any unlawful occupation,
business or trade to be conducted on the Property or any use to be made thereof contrary
to any law, ordinance or regulation as aforesaid with respect thereto, and shall protect
District and the Property against any tax, fee, or other charge or penalty imposed or
levied against the Property on account of any failure to comply with any such law,
ordinance or regulation.
10. Early Termination of Lease. Either party may terminate this Lease for any
reason upon a one -year written notice to the other party.
11. Indemnification. City agrees to defend, indemnify and hold District
harmless of any and all claims, demands and actions, and all reasonable costs and
Page 2 of 5
expenses relating thereto (including reasonable attorneys' fees) arising out of or relating
to City's actions, obligations or use of the Property under this Lease.
District agrees to defend, indemnify and hold City harmless of any and all claims,
demands and actions, and all reasonable costs and expenses relating thereto (including
reasonable attorney's fees) arising out of or relating to the District's actions, obligations
or use of the Property.
12. Assignment and Subletting. City shall not assign its rights under this Lease
or sublet the Property. City may allow the Corcoran Athletic Association, DHL Soccer,
and any other City approved organization of City approved event to use the Property as it
sees fit, providing such use does not interfere with the District's priority rights to the
Property. Scheduling shall be coordinated through the City by an appointed individual or
appointed organization.
13. Insurance. City shall maintain general liability insurance in an amount of at
least $1,000,000 that covers its use of the Property. The District shall be named as an
additional insured" on any insurance maintained by the City that relates to the Property
or its use. All insurance required to be maintained by City under this Lease shall be
effected under valid and enforceable policies issued by a reputable insurance company or
companies authorized to do business in the State of Minnesota. Upon the commencement
of the Term, City shall deliver to District certificates of all insurance required to be
maintained hereunder. Each policy required to be maintained by City hereunder shall, to
the extent obtainable, contain an agreement by the insurer that such policy shall not be
canceled without at least 10 days prior written notice to District and City.
14. Notices. Any notice herein required or permitted to be given or served by
either party hereto upon the other, shall be deemed given or served in accordance with the
provisions of this Lease if delivered by United States mail, postage prepaid, properly
addressed to the other party at the address specified below.
If to District: Superintendent
Independent School District No. 883
Box 9
Rockford, MN 55373 -0009
If to City: Administrator
City of Corcoran
8200 County Road 116
Corcoran, MN 55340
Either party may change the address and /or person to whom mailed notice is to be
sent to it by giving to the other party 10 days written notice of the change.
Page 3 of 5
15. Condemnation. If all or part of the Property shall be acquired by the right
of condemnation or eminent domain, or sold to a condemning authority under threat of
condemnation, then the Term shall cease and terminate as of the date of title vesting in
such proceeding (or sale). In the event of any condemnation, taking or sale as aforesaid,
whether whole or partial, District shall be entitled to the total award.
16. Captions. The paragraph headings incorporated in this Lease are for
convenience only, are not a part of this Lease, and shall not be considered in the
interpretation of this Lease.
17. Modifications. None of the covenants, provisions, terms or conditions of
this Lease to be kept or performed by District or City shall be in any manner modified,
waived or abandoned, except by written instrument duly signed and delivered by the
District and City or by the party waiving such right, as the case may be.
18. Severability. If any term, condition or provision of this Lease or the
application thereof to any person or circumstance shall, to any extent, be held to be
invalid or unenforceable, the remainder thereof and the application of such term,
provision and condition to persons or circumstances other than those as to whom it shall
be held invalid or unenforceable shall not be affected thereby, and this Lease and all
terms, provisions and conditions hereof shall, in all other aspects, continue to be effective
and to be complied with to the fullest extent permitted by law.
19. Binding Effect. All of the terms, covenants, provisions and conditions of
this Lease shall be binding upon and inure to the benefit of the parties hereto and their
respective successors and assigns.
20. Time of the Essence. Time is of the essence in this Lease, and of each and
every covenant, term, condition and provision of this Lease.
21, Parties Bound. The covenants and conditions contained in this Lease shall
apply to and bind the heirs, successors, executors, administrators, and assigns of all of the
parties to this Lease.
22. Relationship. This Lease does not create the relationship of principal and
agent of partnership or of joint venture or of any association between District and City,
the sole relationship between District and City being that of landlord and tenant.
23. Construction of Lease. It is agreed that this Lease shall be governed by,
construed, and enforced in accordance with the laws of the State of Minnesota.
Page 4 of 5
24. Entire Agreement. This Lease shall constitute the entire agreement
between the parties. Any prior understanding or representation of any kind preceding the
date of this Lease shall not be binding upon either party except to the extent incorporated
in this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease.
INDEPENDENT SCHOOL DISTRICT NO. 883, ROCKFORD
By: ` Date: 6z2,7
Its: Board Chair
By: c4 CLI du L 1
Its: Board Clerk
CITY OF CORCORAN
Its: Mayor
Its: Administrator
RRM: 90789
Page 5 of 5
Date: `d7 '-a6
Date: 7 r b6
Date: 7- le- e,6
Rockford Independent School District 9833
Parcel Identification No. 23- 119 -23 34 0001, Legally Described as:
Addition No. 54023, Metes & Bounds Description (if applicable)
COM AT SE COR OF SW 1/4 TH W TO SE COR OF W 1/2 OF SW 1/4 OF SE 1/4 OF SW 1/4 TH N
TO NE COR THOF TH W TO W LINE OF E 1/2 OF SW 1/4 TH N TO A PT 46 FT 11 INCHS S ROM
NW COB THOF TH E TO CTR LINE OF CO RD NO 10 TH SELY ALONG SAID CTR LINE TO E LINE
OF SW 1/4 TH S TO BEG EX ROADS
OUTLINE OF WORK PERFORMED ON ROCKFORD SCHOOL DISTRICT
PROPERTY BY THE CITY OF CORCORAN
IMPROVEMENTS
Tiled ball fields
Installed warning tracks
Installed maintenance road
Hauled in material and leveled field 43
Installed fences
Seeded grass
Ag lime fields
ROUTINE MAINTENANCE
Ongoing repairs to fencing & backstops
Grounds maintenance
mowing / weed whipping
aerate sod
o fertilize
Drag ball fields
Grade parking lot
Refuse removal
Labor Costs Incurred by City Annuatiy for Routine Maintenance
Average use of fields /grounds per year = 20 weeks)
Ground Maintenance = $11,466.00
Avg 4.5 hours/week x4 employees x 20 weeks = ( *$31.85 x 4.5 hrs) x4 = $573.30x 20 = $11,466.00
Drag Ball Fields Daily = $3,185.00
Avg 1 hr x 100 days = $31.85 x 100 lirs = $3,185.00
Refuse Removal = $637.00
Avg 1 hr/ week = $31.55 x 20 weeks = $637.00
Grade Parking Lot = $63.70
Avg 2 hours twice a year = $31.85 x 2 l s = $63.70
Other Direct Costs
Porta Pottie = $141.68
Per Invoices
Refuse Service = $163.94
109.30 month (1/3 allocation) = $36.43 x 4.5 months = $163.94
Total Annual Labor and Direct Cosh = $15,657.32
This analysis does not include any supplies or materials
S31.85— average ravage /benefls paid to public vrorks emplovees
4,b,,
STAFF REPORT Agenda Item 9a.
Council Meeting:
January 14, 2016
Prepared By:
Brad Martens
Topic:
Ground Mounted Solar Request
Action Required:
Direction
Summary:
The City has received a request from Minnesota Solar, LLC asking the City Council to
consider adopting an ordinance to allow for ground mounted solar to be allowed in the
City of Corcoran. Currently our ordinances do not allow ground mounted solar.
This request is similar to the previous request from Ecoplexus, Inc., reviewed at the
October 22, 2015 City Council meeting. The Council at that time was open to
considering the idea of amending the ordinance if the company paid for the amendment
process through a $5,000 escrow. It is the understanding that the deal between a
property owner and Ecoplexus, Inc. is no longer on the table and staff is not anticipating
that process moving forward.
This project is different however as the proposed location is inside the metropolitan
urban service area (MUSA). Staff has met with company representatives outlining that
sanitary sewer services will likely be available around the year 2025. A presentation
from the group responding to concerns as well as outlining reasons for approval is
attached. Additionally, a letter from the property owners is attached.
Staff is requesting the Council consider the request to draft and adopt an ordinance to
allow for ground mounted solar, and direct staff how to proceed.
Financial/Budget:
The City Planner has estimated the costs required to draft and adopt an ordinance to
not exceed $5,000 as there are various examples of ordinances adopted in other
communities, most recently in Medina. These fees could be covered through an escrow
payment.
Minnesota Solar, LLC is projecting that the City would receive an average of $1,768
annually from production tax. This would be in addition to the property taxes received
from agricultural use. It is further inferred that the solar revenue would accelerate other
development on the property.
Alignment with Values:
This item relates to the following adopted values:
EXCELLENCE AND QUALITY IN THE DELIVERY OF SERVICES
We believe that service to the public is our reason for being and strive to deliver
quality services in a highly professional, cost-effective, and friendly manner.
Page 2
FISCAL RESPONSIBILITY
We believe that fiscal responsibility and the prudent stewardship of public funds
is essential for citizen confidence in government.
Options:
1. Direct staff to draft an ordinance for consideration as a non-City initiated project and
require an escrow in the amount of $5,000 from the requester.
2. Direct staff to take no action in drafting updated ordinances.
Recommendation:
While staff is generally unsupportive of eliminating the use of a property for light
industrial, the solar company has outlined a reasonable process for allowing solar for a
period of time rather than for perpetuity.
Council Action:
Consider a motion to direct staff to draft an ordinance for consideration as a non-City
initiated project and require an escrow in the amount of $5,000 from the requester.
Attachments:
1. Minnesota Solar, LLC Presentation
2. Letter from Ed and Mary Schumacher
Corcoran: Hosting a Community Solar
Garden
A presentation to the City of Corcoran
January 14, 2016
Minnesota Solar, LLC
PRIVATE AND CONFIDENTIAL
MINNESOTA SOLAR LLC 1
Introduction to Minnesota Solar
Minnesota Solar is JV between experienced partners
•Potentia Solar Inc., a leading owner/operator of solar
projects, with a portfolio of over 350 operational
projects in Ontario
•United States Solar Corporation, a developer with deep
US experience and financier with deep relationships in
renewable energy capital markets
Minnesota Solar is developing community solar projects
on 19 sites in Hennepin and surrounding counties
•Land options secured for 87 projects in 19 locations
•Xcel process initiated, approx. $9mm in deposits funded
•Engineering work in progress, over $1mm spent to date
A JV of
experienced
partners that has
already expended
over $10mm
towards
development of
projects on 19
sites
INTRODUCTION
PRIVATE AND CONFIDENTIAL
MINNESOTA SOLAR LLC 2
Community Solar Overview
In 2013, the Public Utility Commission passed legislation
requiring Xcel Energy to launch a “community solar”
program
In late 2014, Xcel launched the Solar*Rewards Community
program, immediately establishing Minnesota as a
national leader with one of the ‘smartest’ solar
frameworks in the country
Program supports solar “gardens” connected to Xcel’s
distribution lines. Xcel takes energy and reduces the
electric bill of garden ‘subscribers’ that have contracted to
pay the garden operator as energy is produced
Community solar allows for the separation of PV project
siting and offtake, allowing for the construction of the
most cost-effective systems on optimal sites; in
Minnesota, this has meant the development of projects
on flat, cleared land well outside of the path of progress
Offsite Solar is
opening up the
development of
solar projects on
suburban/rural
land
EXECUTIVE SUMMARY
PRIVATE AND CONFIDENTIAL
MINNESOTA SOLAR LLC 3
Community Solar Benefits
Effectively allows residential, commercial, industrial and
muni customers to fix a volatile commodity for 25 years
Allows property owners to contract for long-term
lease income and hedge against volatile land values
Municipalities increase revenues - 25 years of production
tax, uncorrelated to general economic conditions
Benefits for
ratepayers,
property owners
and
municipalities
EXECUTIVE SUMMARY
PRIVATE AND CONFIDENTIAL
MINNESOTA SOLAR LLC 4
City of Corcoran Project
23710 US Highway 55, Corcoran, MN
Five contiguous solar fields each 1 MWac
PID: 31-119-23-32-0001
Currently in development
•Application submitted to Xcel Energy
•Pre-feasibility studies conducted by
Westwood
CORCORAN OPPORTUNITY
PRIVATE AND CONFIDENTIAL
MINNESOTA SOLAR LLC 5
CORCORAN OPPORTUNITY
PRIVATE AND CONFIDENTIAL
MINNESOTA SOLAR LLC 6
The Opportunity in Corcoran
CORCORAN OPPORTUNITY
Secured rights to an 80 acre parcel with strong
development potential along frontage, intend
to lease back half for 5 MWac of solar
Prime frontage will remains available - at right
is hypothetical development of approx. same
size as Target in Medina
PRIVATE AND CONFIDENTIAL
MINNESOTA SOLAR LLC 7
Anchor Income For Future Development
Substantial value of solar lease “anchor income” on non-
frontage half will facilitate development of frontage half
Additional expected value might support $500k+ in
mortgage financing, accelerating commercial conversion
Anchor income
should accelerate
commercial
conversion
CORCORAN OPPORTUNITY
No solar:
volatile ag rent
With solar: 25 years stable contracted revenue
PRIVATE AND CONFIDENTIAL
MINNESOTA SOLAR LLC 8
Acceleration of Value to Corcoran
CORCORAN OPPORTUNITY
With solar: add solar tax revenue and assume
acceleration of commercial conversion to 2025
No solar: assume commercial conversion in
2030 and 2035
Est. Solar Production Tax revenue:
25 years*5MWac*1,767 MWh/year*$1.20*20% to Corcoran= $53,029
Assumptions: Tax revenue increasing at 2% from base of $1,920 plus $8,400/$1,000,000 assessed value of commercial
PRIVATE AND CONFIDENTIAL
MINNESOTA SOLAR LLC 9
Acceleration of Value to Corcoran
CORCORAN OPPORTUNITY
PRIVATE AND
CONFIDENTIAL
Assume solar accelerates commercial conversion into 2025
Cumulative revenue through 2046 increases by over $165,000
Assumptions: Tax revenue increasing at 2% from base of $1,920 plus $8,400/$1,000,000 assessed value of commercial
MINNESOTA SOLAR LLC 10
2018: Aggressive Acceleration
CORCORAN OPPORTUNITY
PRIVATE AND
CONFIDENTIAL
Assume solar accelerates commercial conversion into 2018
Cumulative revenue through 2046 increases by over $300,000
Assumptions: Tax revenue increasing at 2% from base of $1,920 plus $8,400/$1,000,000 assessed value of commercial
MINNESOTA SOLAR LLC 11
With solar: commercial developer chooses to
fund private sewer and water in order to
develop the site in 2018
SITE INFORMATION
PRIVATE AND CONFIDENTIAL
MINNESOTA SOLAR LLC 12
REPRESENTATIVE PROJECTS
PRIVATE AND CONFIDENTIAL
MINNESOTA SOLAR LLC 13
Next Steps
CORCORAN OPPORTUNITY
PRIVATE AND CONFIDENTIAL
MINNESOTA SOLAR LLC 14
1.Question & Answer
2.Receive affirmative from City Council to proceed
with ordinance
3.Fund escrow and proceed
STAFF REPORT Agenda Item 10a.
Council Meeting:
January 14, 2016
Prepared By:
Brad Martens
Topic:
Hazardous Building – 20112 County
Road 10
Action Required:
Approval
Summary:
On November 12, 2015 the City Council considered options for removing a hazardous
building at 20112 County Road 10. The City Council by motion directed staff to enforce
the 2012 order to raze and remove the building.
After consultation with the City Attorney, it was found that a new resolution should be
adopted to enforce the order. That resolution is attached to this report. Staff is
recommending the order require removal within 120 days. The Council may require the
removal within 30 days if desired.
The property owner has been informed about the action being considered by the
Council and is planning on attending the meeting.
Financial/Budget:
Minor costs would be incurred to initially enforce the order to raze. If not completed by
the homeowner the City would complete the work which could range from $20,000 -
$30,000 and would assess those costs to the property.
Alignment with Values:
This item relates to the following adopted values:
EXCELLENCE AND QUALITY IN THE DELIVERY OF SERVICES
We believe that service to the public is our reason for being and strive to de liver
quality services in a highly professional, cost-effective, and friendly manner.
FISCAL RESPONSIBILITY
We believe that fiscal responsibility and the prudent stewardship of public funds
is essential for citizen confidence in government.
Options:
1. Approve resolution 2016-03 declaring the building located at 20112 County Road 10
as hazardous.
2. Send back to staff for further review.
Page 2
Recommendation:
Approve resolution 2016-03 declaring the building located at 20112 County Road 10 as
hazardous.
Council Action:
Consider a motion to approve resolution 2016-03 declaring the building located at
20112 County Road 10 as hazardous.
Attachments:
1. Resolution 2016-03
City of Corcoran January 14, 2016
County of Hennepin
State of Minnesota
RESOLUTION NO. 2016-03
Page 1 of 2
Motion By:
Seconded By:
A RESOLUTION DECLARING THE BUILDING
LOCATED AT 20112 COUNTY ROAD 10,
CORCORAN, HENNEPIN COUNTY, AS HAZARDOUS
WHEREAS, the City of Corcoran has received complaints about the condition of the building
located at 20112 County Road 10, within the City of Corcoran; and
WHEREAS, the City Council directed the building inspector to conduct an inspection of the
building and report back to the Council the condition of the building as it relates to hazardous
conditions and safety; and
WHEREAS, the building official conducted his inspection on June 28, 2012 and found the
following conditions:
See attached Exhibit A.
WHEREAS, recently, the building official conducted another inspection on December 1, 2015
and found the conditions the same as in 2012 as indicated on the attached Exhibit B; and
WHEREAS, the building official has concluded that the building located at the above-address is
a safety hazard to the community and is hazardous within the meaning of Minn. Stat. §463.15 –
463.26; and
WHEREAS, further, the building official indicates the building is in such disrepair that it must be
removed for the safety and welfare of the general public.
NOW, THEREFORE, the Corcoran City Council RESOLVES as follows:
1) The building located at 20112 County Road 10 s hereby declared a hazardous building
within the meaning of Minn. Stat. §463.15 – 463.26; further that the building must be raised
and removed for the safety and welfare of the general public.
2) City staff is directed to serve a copy of this Resolution and the attached Order for removal
on all owners of record.
3) Should owners fail to demolish and remove said building within the one hundred and
twenty (120) day period indicated in the Order, staff is directed to proceed with
enforcement of the Order in Hennepin County District Court.
4) Following demolition removal, City staff is directed to accumulate all costs associated with
removal of the hazardous building and is further directed to assess the costs against the
property located at 20112 County Road 10 in accordance with Minn. Stat. §429.061 –
429.081.
City of Corcoran January 14, 2016
County of Hennepin
State of Minnesota
RESOLUTION NO. 2016-03
Page 2 of 2
VOTING AYE VOTING NAY
Guenthner, Ken Guenthner, Ken
Keefe, Mike Keefe, Mike
LaFave, Tonya LaFave, Tonya
Hank, Pat Hank, Pat
Thomas, Ron Thomas, Ron
Whereupon, said Resolution is hereby declared adopted on this 14th day of January,
2016.
___________________________________
Kenneth Guenthner - Mayor
ATTEST:
____________________________________
City Seal
Jessica Beise– City Clerk/Administrative Services Coordinator
METRO WES T INSPECTION SERVICES ~ I NC .
Lo re n Kohnen, Pres .
July 2, 2012
TO:
FROM:
RE:
Mayor and Councilmembers
City of Corcoran
Loren Kohnen )<;'k ,
20112 County Road 10
Corcoran, Minnesota
ON-SITE INSPECTION OF STRUCTURE
(7 6 3 ) 4 79-1720
fAX (7 6 3 ) 479-3090
Mtrowst7 6 @aol.co m
On Thursday, June 28, 2012, an on-site inspection was conducted at
the above-captioned premises and the folloing items were noted:
l) Sagging•:roof(s) with holes allowing rain, snow, birds 1 etc. to
enter the building.
2) Porch on front of building is sagging and failing.
3) Building is not secured; doors and windows open allowing public and/
or other elements into the building.
4} Debris and garbage found everywhere in structure .
5) Old refrigerators with latchable doors found in areas open to
children and public.
6) Roofs, siding, windows, doors, etc. found rott1ng.
7} Floors sagging so badly you cannot walk safely on them.
8) We could not enter the basement; to dangerous.
9) Building is one (l) block from a City park.
10) Inspection was made with Mike Pritchard in attendance.
l l ) Building is declared a hazardous structure and mus t be removed
immediately for the safety and welfare of the gen e r al public .
12) Photos were taken .
13) Electricity is still in service to the building and is dangerous.
LK: jg
cc: City Administrator
City Attorney
EXHIBIT A
Box 248, Lor etto , Mi nn es ota 553 5 7
ORDER TO RAISE AND REMOVE HAZARDOUS BUILDING
LOCATED AT 20112 COUNTY ROAD 10, CITY
OF CORCORAN, COUNTY OF HENNEPIN
TO: DALE PATNODE AND PATRICIA PATNODE, OWNERS OF THE HAZARDOUS
STRUCTURE LOCATED AT 20112 COUNTY ROAD 10, CITY OF CORCORAN.
The Corcoran City Council, having found the building located at 20112 County Road 10,
City of Corcoran, Hennepin County, Minnesota, to be hazardous within the meaning of Minn. Stat.
§463.15 – 463.26, and further having found that repairs to the building are not practical; hereby
orders owners to raise and remove said building within one hundred and twenty (120) days of
receipt of service of this Order; failure to raise and remove the hazardous building will be cause
for the City to seek enforcement of this Order in Hennepin County District Court in accordance
with Minn. Stat. §463.15-463.26 with all the costs associated with this hazardous building matter
to be assessed against the property in accordance with Minn. Stat. §429.061 – 429.081.
Dated:
_________________________ ________________________________
Kenneth Guenthner, Mayor
STAFF REPORT Agenda Item 10b.
Council Meeting:
January 14, 2016
Prepared By:
Brad Martens
Topic:
Consideration to Initiate Mediation – Public
Works Floor Settling Issue
Action Required:
Approval
Summary:
A significant floor settling issue exists at the new Public Works facility. For many
months, staff has been working with various parties to attempt to resolve the issue.
Most recently the City required a meeting of contractors who may be responsible for the
floor settling to meet and deliver a final response to the City on how they intend to fix
the issue.
The outcome of that meeting resulted in one contractor willing to pay a small amount
towards the repair and the others accepting no responsibility for the floor settling issue
citing “ground water migration”. Due to the unwillingness of the contractors to repair the
issue as requested by the City, it is requested that the City initiate the mediation clause
in the contracts to pursue costs for the repair.
Financial/Budget:
Two likely options exist to repair the floor:
1. Remove tile and apply a leveling topping: $38,000
a. This option is the least expensive but does not account for any future
possible settling issues.
2. Remove the affected floor areas and replace slabs with structurally attached
concrete: $93,000
a. This option is preferred by the City as it would remove any future possible
settling issues.
The initiation of, and mediation process will involve the City Attorney’s office which will
incur costs to the City. These costs are anticipated to be around $7,000 - $10,000. A
balance of $83,726.46 remains in the facility fund which could potentially be used for
payment.
Alignment with Values:
This item relates to the following adopted values:
FISCAL RESPONSIBILITY
We believe that fiscal responsibility and the prudent stewardship of public funds
is essential for citizen confidence in government.
Page 2
Options:
1. Direct staff to initiate mediation to resolve the Public Works facility floor settling
issue.
2. Send back to staff for further review.
Recommendation:
Direct staff to initiate mediation to resolve the Public Works facility floor settling issue.
Council Action:
Consider a motion to direct staff to initiate mediation to resolve the Public Works facility
floor settling issue.
Attachments:
N/A
STAFF REPORT Agenda Item 10c.
Council Meeting:
January 14, 2016
Prepared By:
Jessica Beise
Topic:
Lawful Gambling Ordinance
Action Required:
Approval
Summary:
At the June 25, 2015 City Council meeting, the City Council directed staff to look into a
gambling ordinance at the request of the Northwest Area Jaycees.
Per Council direction, an ordinance has been drafted to addressing the following topic
areas as directed by the City Council at the September 10, 2015 meeting:
10% Contribution of Net Profits – Organizations would be required to contribute 10%
of their net profits to the City.
Trade Area Expenditures Requirement – Organization to expend 50% of its net
profits within the trade area defined as Corcoran and its bordering communities.
Local Investigation Fee – A local investigation fee will be required annually for
organizations who hold a premise permit.
Qualifications for Approval/Revocation and Penalties – Language outlining the
approval and revocation processes as well as language including penalties has been
included.
Restrictions – Only one organization per location is the only restriction placed on
premise permit holders.
Exempt License Language – Language requiring the approval of exempt (temporary)
gambling permits has been included.
The gambling ordinance outlines that the ten percent contribution of net profits be spent
on lawful purpose expenditures. Staff would like to outline what types of lawful purposes
the City would like to utilize. There are limited purposes that funds can be used for
donations to nonprofits or schools to donations to scholarship funds. See page 2 of the
attached LG510 form that outlines the fourteen types of expenditures allowed by
statute. Staff would recommend that funds be expended on activities and facilities for
youth.
Once approved the ordinance would be implemented. Staff is recommending that a
March 1st effective date of the ordinance to allow additional time for organizations to be
notified about the adoption of the ordinance. Current organizations who operate within
Corcoran are aware that the City has been drafting an ordinance. Once implemented,
the ordinance requires minimal staff time for maintenance including receiving
documentation from the organizations, completing the annual report to the Gambling
Control Board and organizing the annual investigation.
Page 2
Financial/Budget:
The first contribution to the City of Corcoran would be for a limited period of time from
the March 1st effective date until June 30th. In July of 2017, staff will have a better
understanding of the potential budgetary impact.
Alignment with Values:
This item relates to the following adopted values:
EXCELLENCE AND QUALITY IN THE DELIVERY OF SERVICES
We believe that service to the public is our reason for being and strive to deliver
quality services in a highly professional, cost-effective, and friendly manner.
FISCAL RESPONSIBILITY
We believe that fiscal responsibility and the prudent stewardship of public funds
is essential for citizen confidence in government.
TREATING THE CITIZEN AS OUR CUSTOMER
We believe that citizens are our customers and should be treated with courtesy,
respect, and deserve the best services we can provide.
PROFESSIONALISM
We believe that continuous improvement is the mark of professionalism and are
committed to applying this principle to the services we offer and the development
of our employees.
Options:
1. Adopt Ordinance 2016- 313 Regulating Lawful Gambling, Ordinance 2016-314
Summary Ordinance, and Resolution 2016-05 Specifying Uses for the
Contribution of Net Profits from Lawful Gambling to the City.
2. Send back to staff for further review.
3. Decline to implement Ordinance 2016-313.
Recommendation:
Adopt Ordinance 2016- 313 Regulating Lawful Gambling, Ordinance 2016-314
Summary Ordinance, and Resolution 2016-05 Specifying Uses for the Contribution of
Net Profits from Lawful Gambling to the City.
Council Action:
Consider a motion to adopt Ordinance 2016- 313 Regulating Lawful Gambling,
Ordinance 2016-314 Summary Ordinance, and Resolution 2016-05 Specifying Uses for
the Contribution of Net Profits from Lawful Gambling to the City.
Attachments:
1. Ordinance 2016- 313 Regulating Lawful Gambling
2. Ordinance 2016-314 Summary Ordinance
3. Resolution 2016-05 Specifying Uses for the Contribution of Net Profits from
Lawful Gambling to the City.
4. LG510 City or County Annual Report, 10% Lawful Gambling Contribution Fund
City of Corcoran January14, 2016
County of Hennepin
State of Minnesota
ORDINANCE NO. 2016-313
Motion By:
Seconded By:
AN ORDINANCE REGULATING LAWFUL GAMBLING
THE CORCORAN CITY COUNCIL ORDAINS AS FOLLOWS:
Chapter 116 is established to read as follows.
Chapter 116: Lawful Gambling
116.01: Purpose
The City of Corcoran desires to regulate gambling within its jurisdiction, pursuant
to its authority granted by Minnesota Statutes, Chapter 349, and exercise its right to
impose additional restrictions on gambling within the City, in order to ensure integrity of
operations, and to provide for the use of net profits only for lawful purposes.
116.02: Provisions of State Law Adopted
The provisions of Minnesota Statutes, Chapter 349, as it shall be amended from
time to time, are hereby adopted and made a part of this Ordinance as if set out in full.
116.03: Permit Required, Eligibility
No person, otherwise exempt from licensing by the Gambling Control Board
pursuant to Minnesota Statutes Section 349.166, shall conduct lawful gambling within
the City without first obtaining a permit to do so under this Chapter of the City Code.
Eligible applicant organizations for such a permit must meet all of the following
requirements:
1. An eligible organization must meet all of the qualifications of Minnesota
Statute Section 349.16, subd. 2; and
2. An applicant organization must be a religious, fraternal, veterans, or other
non-profit organization which conducts the lawful gambling exclusively on the
premises owned or leased by the organization; and
3. All of the organization’s owners, managers, employees, agents, or interested
parties are free of felony convictions, convictions of a crime involving
gambling, and other convictions for offenses which relate directly to such
person’s ability, capacity, or fitness to perform the duties and discharge the
responsibilities of the gambling activities contemplated; and
4. An organization, along with any of its owners, managers, employees, agents,
or interested parties must not have been denied licensure or had a license
revoked, cancelled, or suspended by the Gambling Control Board or any
municipality within one year prior to making the application; and
5. An organization’s proposal must be consistent with the City’s comprehensive
development plan and must not have an unreasonably detrimental effect
upon other persons or properties in the vicinity of the organization; and
City of Corcoran January14, 2016
County of Hennepin
State of Minnesota
ORDINANCE NO. 2016-313
6. An eligible organization and all of the organization’s owners, managers,
employees, agents, or interested parties must not owe delinquent local, state,
or federal taxes, and may not be delinquent on any other City bill; and
7. An organization must have fully, truthfully, and accurately completed and
submitted a valid application for a permit under this Chapter made on the
forms provided by the city clerk and paid all applicable fees, as determined
from time to time by separate resolution, to the City.
116.04: Premises Permit, City Approval Required
An applicant, not exempt under Minnesota Statute Section 349.166, seeking to
conduct lawful gambling within the City must obtain a valid premises permit from the
Gambling Control Board with a resolution from the City Council approving the premises
permit. The owner of the premises for which a premises permit is sought must comply
with all the requirements of Minnesota Statute Section 349.18 in renting or using the
premises for lawful gambling.
116.05: Premises Permit, Conditions Determining Approval or Disapproval
In determining whether to approve or disapprove a premises permit or renewal of
the same, the City Council shall review all of the considerations outlined in Section
116.03 of this Chapter and any other relevant considerations. An eligible applicant for
approval of a premises permit must also maintain its headquarters or business office
within the City’s trade area and have maintained the same in that location for at least
two years prior to the date of the application. The City’s trade area shall be defined as
the City of Corcoran and each city contiguous to the City of Corcoran. An eligible
applicant must also maintain at least 15 active members, as defined by Minnesota
Statute Section 349.12, subd. 2, who are residents of the City’s trade area each
pending application for a premises permit or renewal of the same shall be approved or
disapproved by resolution of the City Council within 60 days of receipt of a complete
application.
116.06: Local Investigation, Fee
The City may conduct an investigation prior to making a decision whether to
issue or renew or decline to issue or renew any permit pursuant to Sections 116.03 and
116.04. In the event of such an investigation, the City may collect an investigation fee
in an amount determined and amended from time to time by separate ordinance. As a
part of this investigation, an applicant for a permit pursuant to Sections 116.03 or
116.04 must cooperate fully with the City in supplying all information required in this
Chapter. Further, such an applicant and all of its owners, managers, employees,
agents, and interested parties also must consent to a criminal history and driver’s
license check conducted by the chief of police or his/her designee. Failure of any
applicant or listed interested party to so consent shall result in a denial of the license
application.
City of Corcoran January14, 2016
County of Hennepin
State of Minnesota
ORDINANCE NO. 2016-313
116.07: Contribution of Net Profits
Any organization that is granted a permit to conduct lawful gambling within the
City pursuant to Sections 116.03 and 116.04 must contribute ten percent of the
organization’s net profits derived from lawful gambling conducted at the premises within
the City’s trade area to a fund administered and regulated by the City. This contribution
shall be made without costs to such fund and shall be for disbursement by the City of
the receipts for lawful purposes, or police, fire, and other emergency or public safety
related services, equipment and training, excluding pension obligations. For purposes
of this Section, net profits are gross profits less amounts expended for allowable
expenses and paid in taxes assessed on lawful gambling. Payments to the fund shall
be calculated annually following each fiscal year ending June 30. Annual payments
shall be submitted together with verifiable supporting documentation, not later than the
twentieth day of the month following the end of the annual period. Failure to comply
with this Section shall be grounds for revocation of a permit or permission granted
pursuant to Sections 116.03 and 116.04.
116.08: Trade Area Expenditures
Every organization conducting lawful gambling within the City shall expend a
minimum of fifty percent of its lawful purpose expenditures on lawful purposes
conducted or located within the trade area of the City, as defined in Section 116.03.
This Section shall apply only to lawful purpose expenditures of gross profits derived
from lawful gambling conducted at the premises within the City. Annually, every
organization conducting lawful gambling within the City must file with the City a report
documenting compliance with this Section. In addition, every organization must submit
a report to the City each July listing all lawful purpose expenditures from July 1 through
June 30 of the preceding year. Failure to comply with this Section shall be grounds for
revocation of a permit or permission granted pursuant to Sections 116.03 and 116.04.
116.09: One Organization Permitted Per Location
No organization conducting lawful gambling activities within the City may do so
simultaneously with another organization at the same location within the City.
116.10: Penalties, Suspension and Revocation Procedure
A violation of any of the provisions of this Chapter shall be a misdemeanor and
grounds for denial, suspension, or revocation of a permit issued under this Chapter.
Nothing in this Chapter shall preclude the City from enforcing this Ordinance by means
of any appropriate legal action. Prior to suspending or revoking a permit issued under
this Chapter, the City shall hold a hearing pursuant to Minnesota Statutes Chapter 14
(Administrative Procedure). The City shall serve notice of the hearing on the permit
holder either personally, on the person identified as the owner or responsible party in
the application for a permit or via United States first class mail, postage prepaid or by
United States registered or certified mail, postage prepaid, return receipt requested,
addressed with the last known address of the permit holder to whom notice is intended
City of Corcoran January14, 2016
County of Hennepin
State of Minnesota
ORDINANCE NO. 2016-313
to be given. After a hearing to take action on a permit, the City Council may suspend or
revoke the permit if the Council finds that probable cause exists as to a violation of this
Ordinance.
116.11: Reporting Requirement
Every organization permitted to conduct lawful gambling under this Ordinance or
for which the City has granted approval of a premises permit shall file with the city clerk
all records and reports which must be filed with the Gambling Control Board. The
records and reports must be filed with the city clerk at the same time that they are filed
with the Gambling Control Board. This reporting requirement remains an ongoing
obligation for all organizations which conduct lawful gambling activities within the City.
116.12: Severability
Every section, provision, or part of this ordinance is declared severable from
every other section, provision, or part to the extent that if any section, provision, or part
of the Ordinance shall be held to be invalid, such holding(s) shall not invalidate any
other section, provision, or part thereof.
116.13 Effective Date
Upon proper ratification by the City Council, this ordinance shall become effective
on March 1, 2016.
VOTING AYE VOTING NAY
Guenthner, Ken Guenthner, Ken
Keefe, Mike Keefe, Mike
LaFave, Tonya LaFave, Tonya
Hank, Pat Hank, Pat
Thomas, Ron Thomas, Ron
Whereupon, said Ordinance is hereby declared adopted on this 14th day of January 2016.
___________________________________
Kenneth Guenthner - Mayor
ATTEST:
__________________________________ City Seal
Jessica Beise– City Clerk/Administrative Services Coordinator
City of Corcoran January 14, 2016
County of Hennepin
State of Minnesota
ORDINANCE NO. 2016-314
Page 1 of 1
Motion By:
Seconded By:
CITY OF CORCORAN
SUMMARY OF ORDINANCE NO. 2016-313
AN ORDINANCE ESTABLISHING LAWFUL GAMBLING
Ordinance 2016-313 establishes Chapter 116 of the Corcoran City Code which regulates lawful
gambling within the City of Corcoran.
A printed copy of the complete ordinance is available for inspection by any person at City Hall
during the City Clerk’s regular office hours.
VOTING AYE VOTING NAY
Guenthner, Ken Guenthner, Ken
Keefe, Mike Keefe, Mike
LaFave, Tonya LaFave, Tonya
Hank, Pat Hank, Pat
Thomas, Ron Thomas, Ron
Whereupon, said Ordinance is hereby declared adopted on this 14th day of January 2016.
___________________________________
Kenneth Guenthner - Mayor
ATTEST:
____________________________________
City Seal
Jessica Beise– City Clerk/Administrative Services Coordinator
City of Corcoran January 14, 2016
County of Hennepin
State of Minnesota
RESOLUTION NO. 2016-05
Motion By:
Seconded By:
A RESOLUTION SPECIFYING USES OF THE CONTRIBUTION OF NET PROFITS FROM
LAWFUL GAMBLING TO THE CITY
WHEREAS, the City of Corcoran has adopted Ordinance 313 regulating lawful gambling; and
WHEREAS, Ordinance 313 creates a contribution of ten percent contribution of net profits to the
City of Corcoran annually from organizations granted premise permits;
WHEREAS, Minnesota Statute 349.12, Subdivision 7a. allows the City to utilize these funds for
lawful purpose expenditures,
WHEREAS, The City Council finds that it is appropriate to specifying uses for these funds to
align with the City’s mission and values;
NOW THEREFORE BE IT RESOLVED, the City Council of the City of Corcoran will spend the
contribution of net profits on activities and facilities for youth.
VOTING AYE VOTING NAY
Guenthner, Ken Guenthner, Ken
Hank, Pat Hank, Pat
Keefe, Mike Keefe, Mike
LaFave, Tonya LaFave, Tonya
Thomas, Ron Thomas, Ron
Whereupon, said Resolution is hereby declared adopted on this 14th day of January,
2016.
________________________________
Ken Guenthner – Mayor
ATTEST:
___________________________________
Jessica Beise – City Clerk/Administrative Services Coordinator
City Seal
MINNESOTA LAWFUL GAMBLING
LG510 City or County Annual Report, 10% Lawful Gambling Contribution Fund
FAX: 651-639-4032
Questions? Call 651-539-1900.
By March 15 each year mail or fax to:
Minnesota Gambling Control Board
Suite 300 South
1711 W. County Road B
Roseville, MN 55113
Name of City or County (may not be township):
This report is for calendar year 20 ______
Street: City:
MN
Zip Code:
Financial Information, 10% Contribution Fund (Minnesota Statutes, Section 349.213, subd. 1)
1.Contribution rate ................................................................................................
May not exceed 10% per year of net profits; may not be a variable rate.
(Net profits are gross profits less amounts expended for: (a) allowable expenses, and
(b) lawful gambling taxes.)
1._______%
2.Fund balance, if any, as of December 31 of previous calendar year ....................
(If none or negative, enter O.)
2.$ ____________________
3.Interest earned, if any, on fund balance for the calendar year ............................ 3. $ ____________________
4.Contributions received from licensed organizations for the 10% fund:
NOTE: Do not include amounts received for:
a local gambling regulatory tax or investigation fee, if any, or
any voluntary contributions made by an organization.
Name of Licensed Organization: Amount Contributed:
_____________________________________________ $____________________
_____________________________________________ $____________________
_____________________________________________ $____________________
_____________________________________________ $____________________
_____________________________________________ $____________________
_____________________________________________ $____________________
_____________________________________________ $____________________
_____________________________________________ $____________________
_____________________________________________ $____________________
Total $____________________
Enter total amount contributed on line 4: 4. $ ____________________
5.Subtotal (add lines 2, 3, and 4) ........................................................................... 5. $ ____________________
6.From page 2, enter the total of expenditures made from the 10% fund ..............
(NOTE: The line 6 amount may not exceed the amount of line 5.)
6.$ ____________________
7.Year-end balance on December 31.
(Line 5 minus line 6. Enter O if negative balance.) .................................................... 7. $ ____________________
Continued on page 2
8/15 Page 1 of 2
LG510 City or County Annual Report, 10% Lawful Gambling Contribution Fund
Name of City or County:
Expenditures - Payee/Recipient Information
6.Expenditures - List the expenditures, if any, made from the 10% fund, using the codes listed below to describe the
purpose of the contribution. Include any narrative that helps to describe the purpose.
Payee/Recipient:Code* Amount:
____________________________________________A_____ $ _________________
_____________________________________________A_____ $ _________________ NOTE:
A contribution
may not be made
to an organization
that contributed
to the 10% fund.
_____________________________________________A_____ $ _________________
_____________________________________________A_____ $ _________________
_____________________________________________A_____ $ _________________
_____________________________________________A_____ $ _________________
_____________________________________________A_____ $ _________________
_____________________________________________A_____ $ _________________
_____________________________________________A_____ $ _________________
TOTAL
(Enter total on page 1, line 6) $ _________________
*Use codes listed below to describe expenditures made above
A1 To 501(c)(3) organization or 501(c)(4) festival
organization.
A2 Relieving effects of poverty, homelessness, or disability.
A3 Program for education, prevention, or treatment of
problem gambling.
A4 Public or private nonprofit school.
A5 Scholarship fund.
A6 Recognition of military service (open to public) or
support for active military personnel and their
immediate family members in need.
A7 Activities and facilities for youth.
A10 Expenditures for police, fire, and other emergency or
public safety-related services, equipment, and training.
NOT ALLOWED: Contribution to pension or retirement
funds.
A11 Church.
A12 With Minnesota Pollution Control Agency (PCA)
approval, citizen monitoring of surface water quality by
individuals. Requires submission of data to PCA.
A13 With DNR approval, wildlife management projects or
activities that benefit public-at-large; grooming or
maintaining snowmobile or all-terrain vehicle trails, or
other trails open to public use; supplies and materials
for DNR-coordinated safety training and education
programs.
A14 Nutritional programs, food shelves, and congregate
dining programs primarily for persons 62 or older or
disabled.
A15 Community arts organizations, or sponsorship of
community arts programs.
A19 Humanitarian service - recognizing volunteerism or
philanthropy.
Acknowledgment
___ I am the official responsible for the financial reporting of the restricted fund, per Minn. Stat. 349.213, subd. 1.
___ I am aware of restrictions under Minnesota law on expenditures from this fund and affirm that the expenditures meet the
definition of charitable contributions as defined in Minn. Stat. 349.12, subd. 7a, or are for police, fire, and other
emergency or public safety-related services, equipment, and training, excluding pension obligations, and are
accounted for in a manner consistent with generally accepted accounting principles.
___ I have reviewed this report and affirm that the revenues, expenditures, and the fund balance reflect the activity of the
fund during this calendar year and is a true, correct, and complete report.
_____________________________________________ _______________________________ ____________________
Signature of City or County Official Title Date
_________________________________________ _______________________ _________________________________
Print Name Phone Number Email Address
The information on this form and any attachments will become public information when received by the Board, and will be used to determine
your compliance with Minnesota statutes and rules governing lawful gambling activities. This form will be made available in alternative
format upon request.
8/15
Page 2 of 2
STAFF REPORT Agenda Item 10d.
Council Meeting:
January 14, 2016
Prepared By:
Brad Martens
Topic:
Willow Drive Improvement Project –
Assessment Discussion
Action Required:
Direction
Summary:
At the December 21, 2015 City Council meeting, the Council discussed the process for
assessing the benefit for proposed improvements on Willow Drive. Staff was directed to
update information regarding assessments for indirect access properties as well as
properties that receive additional building rights.
Attached to this report is a draft model of assessing direct access and indirect access
properties and individual property sheets showing how the information was derived. The
model is based upon percentage of frontage on roads and applying the dollar benefit to
that percentage. It is requested that the Council review the model and provide feedback
to staff.
In regards to the benefit of additional building rights, staff would like further clarification.
Is it the intent of the Council to discover the value change from a property with less
building rights to the same property with additional building rights and assess that
difference? Staff requests clarification.
For additional background, staff looked through files to pull together information from
previous gravel collector road improvement projects. A memo outlining those projects is
attached. It should be noted that the memo is informational and is not a
recommendation for how we should proceed on the proposed Willow Drive project.
Financial/Budget:
The proposed assessment model attached to this report proposes assessing $284,300
in benefit to 38 properties.
Alignment with Values:
This item relates to the following adopted values:
EXCELLENCE AND QUALITY IN THE DELIVERY OF SERVICES
We believe that service to the public is our reason for being and strive to deliver
quality services in a highly professional, cost-effective, and friendly manner.
FISCAL RESPONSIBILITY
We believe that fiscal responsibility and the prudent stewardship of public funds
is essential for citizen confidence in government.
Page 2
Options:
1. Review the model assessment policy and provide direction to staff.
Recommendation:
Review the model assessment policy and provide direction to staff.
Council Action:
Review the model assessment policy and provide direction to staff.
Attachments:
1. Draft Assessment Model – Percentage of Frontage Multiplied by Benefit
2. Individual Property Sheets
3. January 5, 2016 Memo – Development Rights and Paving-Rolling Hills Road
Draft Assessment Model - Percentage of Frontage Multiplied by Benefit
#Address Street Frontage Feet Frontage Percentage Assessment Applicable Assessment Notes
1 6233 Willow Drive Willow Drive 1202 100%$12,000 $12,000 Increases building rights from 1 to 4
Sub-total 1202 $12,000
2 6315 Willow Drive Willow Drive 100%$12,000 $12,000
Sub-total $12,000
3 PID 33-119-23-41-0008 Willow Drive 100%$0 $0 Unbuildable
Sub-total $0
4 6501 Willow Drive Willow Drive 100%$12,000 $12,000
Sub-total $12,000
5 PID 33-119-23-41-0007 Willow Drive 100%$0 $0 Unbuildable
Sub-total $0
6 6603 Willow Drive Willow Drive 103 38%$12,000 $4,560
Horseshoe Trail 166 62%$0 $0
Sub-total 269 $4,560
7 6655 Willow Drive Willow Drive 411 26%$12,000 $3,120
Horseshoe Trail 1152 74%$0 $0
Sub-total 1563 $3,120
8 6675 Willow Drive Willow Drive 100%$12,000 $12,000
Sub-total $12,000
9 6685 Willow Drive Willow Drive 100%$12,000 $12,000
Sub-total $12,000
10 6705 Willow Drive Willow Drive 100%$12,000 $12,000
Sub-total $12,000
11 6715 Willow Drive Willow Drive 100%$12,000 $12,000
Sub-total $12,000
12 6721 Willow Drive Willow Drive 100%$12,000 $12,000
Sub-total $12,000
13 6801 Willow Drive Willow Drive 1037 100%$12,000 $12,000 Increases building rights from 1 to 3
Sub-total 1037 $12,000
14 6915 Willow Drive Willow Drive 100%$12,000 $12,000
Sub-total $12,000
15 6925 Willow Drive Willow Drive 100%$12,000 $12,000
Sub-total $12,000
16 21801 Homestead Trail Willow Drive 331 33%$12,000 $3,960
Homestead Trail 660 67%$0 $0
Sub-total 991 $3,960
17 21777 Homestead Trail Willow Drive 298 50%$12,000 $6,000
Homestead Trail 296 50%$0 $0
Sub-total 594 $6,000
18 21645 Homestead Trail Willow Drive 302 58%$12,000 $6,960
Homestead Trail 222 42%$0 $0
Sub-total 524 $6,960
19 21646 Nystrom Lane Willow Drive 302 58%$12,000 $6,960
Nystrom Lane 221 42%$3,000 $1,260
Sub-total 523 $8,220
20 21636 Nystrom Lane Nystrom Lane 100%$3,000 $3,000
Sub-total $3,000
21 21600 Nystrom Lane Nystrom Lane 100%$3,000 $3,000
Sub-total $3,000
22 21528 Nystrom Lane Nystrom Lane 100%$3,000 $3,000
Sub-total $3,000
23 21525 Nystrom Lane Nystrom Lane 100%$3,000 $3,000
Sub-total $3,000
24 21535 Nystrom Lane Nystrom Lane 100%$3,000 $3,000
Sub-total $3,000
25 21607 Nystrom Lane Nystrom Lane 100%$3,000 $3,000
Sub-total $3,000
26 21617 Nystrom Lane Nystrom Lane 100%$3,000 $3,000
Sub-total $3,000
27 21627 Nystrom Lane Willow Drive 302 58%$12,000 $6,960
Nystrom Lane 221 42%$3,000 $1,260
Sub-total 523 $8,220
28 6910 Willow Drive Willow Drive 100%$12,000 $12,000
Sub-total $12,000
29 PID 33-119-23-11-0002 Willow Drive 2206 73%$12,000 $8,760 Increases building rights from 2 to 7
Horseshoe Trail 812 27%$0 $0
Sub-total 3018 $8,760
30 6620 Willow Drive Willow Drive 480 53%$12,000 $6,360
Horseshoe Trail 434 47%$0 $0
Sub-total 914 $6,360
31 21600 Cates Longhorn Road Willow Drive 548 49%$12,000 $5,880
Cates Longhorn Road 188 17%$3,000 $510
Horseshoe Trail 387 34%$0 $0
Sub-total 1123 $6,390
32 21750 Cates Longhorn Road Willow Drive 0 0%$12,000 $0
Cates Longhorn Road 583 57%$3,000 $1,710
Horseshoe Trail 441 43%$0 $0
Sub-total 1024 $1,710
Draft Assessment Model - Percentage of Frontage Multiplied by Benefit
Draft Assessment Model - Percentage of Frontage Multiplied by Benefit
#Address Street Frontage Feet Frontage Percentage Assessment Applicable Assessment Notes
33 6280 Willow Drive Willow Drive 932 66%$12,000 $7,920 Increases building rights from 1 to 2
Cates Longhorn Road 97 7%$3,000 $210
Horseshoe Trail 382 27%$0 $0
Sub-total 1411 $8,130
34 21565 Cates Longhorn Road Cates Longhorn Road 100%$3,000 $3,000
Sub-total $3,000
35 21585 Cates Longhorn Road Willow Drive 552 55%$12,000 $6,600
Cates Longhorn Road 446 45%$3,000 $1,350
Sub-total 998 $7,950
36 6330 Willow Drive Willow Drive 100%$12,000 $12,000
Sub-total $12,000
37 6320 Willow Drive Willow Drive 100%$12,000 $12,000
Sub-total $12,000
38 6300 Willow Drive Willow Drive 100%$12,000 $12,000
Sub-total $12,000
Willow Drive Assessments $254,040
Cates Longhorn Road Assessments $6,780
Nystrom Lane Assessments $23,520
Horshoe Trail Assessments $0
Homestead Trail Assessments $0
Total Assessments $284,340
Crosscheck $284,340
Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC.1
MEMORANDUM
105 South Fifth Avenue
Suite 513
Minneapolis, MN 55401
Tel: 612-252-9070
Fax: 612-252-9077
www.landform.net
DATE January 5, 2016
TO Brad Martens
CC
FROM Kendra Lindahl, AICP
RE Development Rights and Paving – Rolling Hills Road
You asked me to take a look at the history of the how the Rolling Hills Road assessments and
development rights were addressed with that project. The intention is to provide some background
for the proposed Willow paving project. The City file for the Lake Jubert Estates plat file has some
information as does the street file, both of which are in your office. I flagged some of the documents
that I thought might be of interest to you.
I do want to note that the Rolling Hills Road improvement project is a bit different than the proposed
Willow improvements as it was triggered by a development proposal. I would also note that post-
2004, when developers came in and needed to pave a road to increase their development rights
they were required to pay the entire cost (and pave the new internal streets). Adjacent property
owners benefitted with increased development rights without assessments.
1. Summerhill paved Mohawk from the City border to Horseshoe entirely at their own cost.
2. Meadow Creek Estates paved all of Meadow Creek Drive at their cost.
A couple of interesting notes about that project:
1. There is a memo dated March 15, 2001 from Vince Vander Top to the City Administrator
discussing the development rights that would be gained by doing the paving project.
2. The development rights program gives 1 right for every 30 acres on a gravel road and 1 right
for every 10 acres on a paved road. The Lake Jubert Estates project should have had 12
development rights under this program, but it appears that there was some negotiation that
they would pay for ½ of the road improvement in exchange for 4 additional development
rights (16 total).
3. It is not entirely clear what the process was to gain the 4 additional development rights,
however, in the Vander Top memo he notes that estimated that a development right was
worth $240,000-280,000 in this project. (This seems quite high to me based on current land
values.)
4. The early discussion was that the developer would pay for ½ of the improvement cost with
the other ½ paid for by the city and through assessments to other benefitting landowners.
However, the final development agreement had the developer paying 40% of the road
improvement costs. It is not clear to my why the number changed from 50% to 40%.
5. Vander Top noted that a similar assessment process was used on the Pioneer Lane
improvements and the Larkin Road improvement prior to 2001. Assessments were based on
MEMORANDUM 2
the number of development rights available to a property AFTER the paving was complete.
(It looks like the city paid 75% of non-developer paid costs and the remainder were
assessments.)
a. Additional right-of-way was required for the road improvement and the City waived an
assessment for several landowners if they gave the right-of-way.
b. It appears that the additional assessments for development rights that were gained by
the paving were deferred until those parcels are platted.
c. There was no difference in the assessment based on whether or not it was a platted
parcel or for a future lot available as a result of the increased development rights
available after paving.
In summary, it appears that the Council discussion about assessing properties based on paved
development rights has some basis in past practice. Whether this practice is defensible under
current assessment law is not clear to me, but you may wish to consult the City Attorney on the
issue in order to provide feedback to the Council. I hope this quick summary is helpful as you move
forward with the street paving projects in Corcoran.
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Agenda Item 10e.
STAFF REPORT Agenda Item 11a.
Council Meeting:
January 14, 2016
Prepared By:
Brad Martens
Topic:
First Amendment to Contract for Water
Service
Action Required:
Approval
Summary:
Over the past several months, staff has been negotiating connection fees with the City
of Maple Grove related to the upcoming downtown utility and street improvement
project. The City’s existing contract for water service with Maple Grove requires that
their full connection fees to be applied to properties and paid within 45 days of a permit
for connection. This requirement is financially unfeasible for many of the affected
properties.
Attached to this report is a negotiated amendment to the contract agreed to in terms by
staff. The amendment results in the following:
• Total pass through fees reduced from Maple Grove’s initial request of $601,730
to $433,430
• Initial lump sum fee of $315,640 due prior to January 1, 2017; remaining
$117,790 to be paid in annual installments over 10 years
• Secures 2015 rate pricing on pass through fees to guarantee costs for property
owners
The initial $433,430 will be passed through to property owners through fee agreements
for the downtown utility and street improvement project. The remaining amount of
$117,790 is related to 13 properties with lots over 1.5 acres. The City will pay for these
over the 10 year term and intends to collect the additional fees when the properties
trigger one of the following:
• There is a change in land use from existing land use in 2015;
• Construction of a new primary structure;
• Development or redevelopment occurs in which the number of Sewer Access
Charges increase;
• At time of sale;
These requirements will be structured into a fee agreement.
It is requested that the Council review the document and authorize the City
Administrator to execute its approval. The request to authorize the City Administrator to
execute the approval is due to a chance of a few wording tweaks that may continue to
take place as needed before final signatures.
Financial/Budget:
All fees associated with the agreement will be paid to the City of Maple Grove by the
water fund of the City of Corcoran. The initial fees will be collected by the water fund
through the initial improvement project; the additional fees will be collected as properties
Page 2
make improvements over time which means the fund will carry those fees on behalf of
the property owners until collected.
Alignment with Values:
This item relates to the following adopted values:
EXCELLENCE AND QUALITY IN THE DELIVERY OF SERVICES
We believe that service to the public is our reason for being and strive to deliver
quality services in a highly professional, cost-effective, and friendly manner.
FISCAL RESPONSIBILITY
We believe that fiscal responsibility and the prudent stewardship of public funds
is essential for citizen confidence in government.
TREATING THE CITIZEN AS OUR CUSTOMER
We believe that citizens are our customers and should be treated with courtesy,
respect, and deserve the best services we can provide.
Options:
1. Authorize the City Administrator to execute the First Amendment to Contract Water
Service between the City of Corcoran and The City of Maple Grove.
2. Send back to staff for further review.
Recommendation:
Authorize the City Administrator to execute the First Amendment to Contract Water
Service between the City of Corcoran and The City of Maple Grove.
Council Action:
Consider a motion to authorize the City Administrator to execute the First Amendment
to Contract Water Service between the City of Corcoran and The City of Maple Grove.
Attachments:
1. First Amendment to Contract for Water Service
1
FIRST AMENDMENT TO CONTRACT FOR WATER SERVICE
THIS FIRST AMENDMENT TO CONTRACT FOR WATER SERVICE (“First
Amendment”), dated as of the latter of the signature dates below, is by and between City of
Maple Grove, a Minnesota municipal corporation (“Maple Grove”), and City of Corcoran, a
Minnesota municipal corporation (“Corcoran”).
WHEREAS, Maple Grove and Corcoran entered into a Contract for Water Service dated
December 4, 2012 (“Contract”), whereby Maple Grove has agreed to furnish and deliver water
from the Maple Grove water system to the southeast portion of Corcoran, and Corcoran has
agreed to make certain payments to Maple Grove for said water service; and
WHEREAS, Corcoran desires to make water service available to a particular area of the
southeast portion of Corcoran known as the Corcoran Downtown District (“CDD”),
encompassing vacant, irregular and conventional properties developed, or partially developed,
with a variety of land uses including, but not necessarily limited to, dwellings, mixed use, small
businesses retail and industry, service and outbuildings; and
WHEREAS, Maple Grove and Corcoran desire to amend the Contract to modify the
Connection Charge payment requirements for properties within the CDD, for feasibility purposes
of water availability relating to existing land use relative to Corcoran’s Comprehensive Plan; and
WHEREAS, Maple Grove and Corcoran, in their mutual interest, desire to amend the
Contract as set forth below accordingly.
NOW THEREFORE, it is hereby and herein mutually agreed, in consideration of each
party’s promises and considerations herein set forth, the Contract is amended as follows:
1. Affected Parcels. Maple Grove and Corcoran hereby agree that attached Table 1
identifies the properties located within the CDD which are subject to this First
Amendment. This First Amendment applies to only those properties listed in Table 1.
Properties assigned a connection charge greater than or equal to $2,235.00 in Table 1
under the 2016 WAC column, shall be exempt from the initial 147.78 R.E.U.’s
corresponding to the scheduled payment of Item 4 of the Contract. Properties
assigned no connection charge in Table 1 under the 2016 WAC column shall not be
exempt from the initial 147.78 R.E.U.’s. The CDD properties shall fall into one of
four general categories: (1) Vacant; (2) Residential; (3) Commercial/Industrial
(standard); and (4) Commercial/Industrial (non-standard).
2. CDD Connection Charges. Maple Grove and Corcoran hereby agree to amend the
time period for full payment of connection charge as required in Item 4 of the
Contract for the CDD properties, except for the Vacant parcels. The City of Corcoran
agrees to pay Maple Grove the amount of $315,640.00 prior to January 1, 2017,
corresponding to the initial connection charges assigned under the 2016 WAC
column. The City of Corcoran further agrees to pay Maple Grove the amount of
$117,790.00 in ten annual installments of $11,779.00 commencing January 1, 2018,
2
which amount is the difference between the initial connection charges and the total
amount for 2027 WAC in Table 1. The CDD parcels are subject to the following
connection charges, which are the basis for Table 1 and the above payments:
1) Vacant. Parcels in this category shall not pay a connection charge until a permit
is issued for connection to the water system, and then shall pay connection
charge at the then current rate as required by the Contract.
2) Residential. Parcels in this category shall pay initial connection charge in 2016
of 1 R.E.U. in the amount of $2,235.00 for Single Family dwelling, and then
shall pay additional connection charges, reflecting those paid, when a change in
the existing use occurs, if any, to be determined as required by the Contract. PID
2611923110008 shall pay an initial connection charge in 2016 of $5,605.00,
corresponding to 2.52 R.E.U. for the existing mixed residential and commercial
use, and then shall pay additional connection charges, reflecting those paid, to be
determined as required by the Contract when a change in the existing use occurs,
if any.
3) Commercial/Industrial (standard). Properties in this category shall pay an
initial connection charge in 2016 of up to $13,418.00, corresponding up to 6
R.E.U., and shall pay the difference between the initial connection charge and
the 2027 WAC amount, if any, in ten equal installments commencing January 1,
2018. The 2027 WAC amount is calculated at the 2016 rate.
4) Commercial/Industrial (non-standard). Properties in this category shall pay
an initial connection charge in 2016 of up to $13,418.00, corresponding up to 6
R.E.U., and shall pay the difference between the initial connection charge and
the 2027 WAC amount in ten equal installments commencing January 1, 2018.
The 2027 WAC amount is calculated at the 2016 rate and at 80% of the Gross
WAC based on parcel areas per Hennepin County property tax records. These
properties shall pay additional connection charges in 2028 or thereafter, if any,
for the remaining 20% Gross Area, to be determined according to the Contract,
reflecting change in the existing use and area designated for Corcoran use.
3. Effective Date of Amendment Agreement. The effective date of this First
Amendment to the Contract shall be the date of full execution thereof of both parties.
4. Inconsistencies. In the event of any inconsistencies between the Contract and the
First Amendment, the terms of the Contract shall control. Except as expressly set
forth in this First Amendment, the Contract otherwise is unmodified and remains in
full force and effect. Each reference in the Contract to itself shall be deemed also to
refer to this First Amendment.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
3
IN WITNESS WHEREOF, the parties have caused their properly authorized
representatives to execute and seal this First Amendment on the dates set forth below.
City of Maple Grove, a Minnesota municipal corporation
By:
Name:
Title: City Administrator
Date:
By:
Name: Mark Steffenson
Title: Mayor
Date:
City of Corcoran, a Minnesota municipal corporation
By:
Name:
Title: City Administrator
Date:
By:
Name:
Title: Mayor
Date:
No.Description PID Address Gross Area REU GROSS WAC 2027 WAC 2016 REU 2016 WAC 2016 Use Category
1 Shawd 2611923120003 20137 CR 50 0.31 1.24 $2,778 TBD 1.00 $2,235 SF Residential
2 Roehl 2611923120002 20123 CR 50 0.34 1.37 $3,059 TBD 1.00 $2,235 SF Residential
3 Treptau 2611923120001 20113 CR 50 0.34 1.37 $3,059 TBD 1.00 $2,235 SF Residential
4 Treptau 2611923110009 20101 CR 50 0.56 2.24 $5,016 TBD 1.00 $2,235 SF Residential
5 Treptau - Business 2611923110008 20045 CR 50 0.88 3.52 $7,872 TBD 2.52 $5,605 Mxd Residential
6 A-1 Outdoor Power 2611923110048 19925 CR 50 2.99 11.96 $26,745 TBD 0.00 $0 OutBlds Vacant
7 Total Control Solutions 2611923120017 20175 CR 50 5.29 21.16 $47,319 $37,855 6.00 $13,418 Ind Commercial/Industrial (non-standard)
8 Stanchion Bar 2611923110007 20037 CR 10 0.69 2.76 $6,172 $6,172 2.76 $6,172 Com Commercial/Industrial (standard)
9 Treptau - Vacant 2611923110005 20045 CR 10 1.09 4.36 $9,750 TBD 0.00 $0 Vac Vacant
10 Treptau - no access 2611923110006 UNASSIGNED 0.39 1.56 $3,488 TBD 0.00 $0 Vac Vacant
11 NAPA 2611923110022 19905 CR 10 0.82 3.28 $7,335 $7,335 3.28 $7,335 Com Commercial/Industrial (standard)
12 Corcoran Crossroads 2611923110013 7625 CR 116 0.48 1.92 $4,294 $4,294 1.92 $4,294 Com Commercial/Industrial (standard)
13 Streicher's Inc.2611913110046 7610 Commerce St.0.65 2.60 $5,814 $5,814 2.60 $5,814 Ind Commercial/Industrial (standard)
14 A-1 Outdoor Power 2611923110047 7630 Commerce St.0.76 3.04 $6,798 $6,789 3.04 $6,798 Com Commercial/Industrial (standard)
15 Corcoran Strip Mall 2611923110016 7569 CR 116 1.09 4.36 $9,750 $9,750 4.36 $9,750 Com Commercial/Industrial (standard)
16 Corcoran Corner LLC 2611923110045 UNASSIGNED 0.88 3.52 TBD TBD 0.00 $0 Vac Vacant
17 Lawn King Inc 2611923110041 7555 CR 116 4.68 18.72 $41,862 $33,490 6.00 $13,418 Com Commercial/Industrial (non-standard)
18 Lawn King Inc - ROW UNASSIGNED UNASSIGNED 0.40 1.60 TBD TBD 0.00 $0 Com Vacant
19 Corcoran Bottle Shop 2611923110040 19905 75th Avenue 1.51 6.04 $13,507 $13,507 6.04 $13,507 Com Commercial/Industrial (standard)
20 Westside Tire 2611923110039 19925 75th Avenue 1.51 6.84 $13,507 $13,507 6.00 $13,507 Com Commercial/Industrial (standard)
21 Westside Tire - ROW UNASSIGNED UNASSIGNED 0.20 0.80 $1,789 TBD 0.00 $0 Vac Vacant
22 Commercial Door Systems Inc 2611923110031 7604 Commerce St.1.01 4.04 $9,034 $9,034 4.04 $9,034 Ind Commercial/Industrial (standard)
23 Commercial Door Systems Inc 2611923110030 7670 Commcerce St 1.00 4.00 $8,945 $8,945 4.00 $8,945 Ind Commercial/Industrial (standard)
24 Phil's Quality Automotive 2611923110029 7590 Commerce St 1.00 4.00 $8,945 $8,945 4.00 $8,945 Ind Commercial/Industrial (standard)
25 C Emery Nelson Inc 2611923110019 7631 Commerce St 1.66 6.64 $14,849 $14,849 6.00 $13,418 Ind Commercial/Industrial (standard)
26 Pro-Tech Auto & Truck Repair 2611923110020 7591 Commerce St 2.27 9.08 $20,305 $20,305 6.00 $13,418 Ind Commercial/Industrial (standard)
27 Stitch It 2611923110043 7575 Commerce St 1.00 4.00 $8,945 $8,945 4.00 $8,945 Ind Commercial/Industrial (standard)
28 Global Knits 2611923120012 20110 Auger Ave 1.19 4.76 $10,645 $10,645 4.76 $10,645 Ind Commercial/Industrial (standard)
29 Global Knits - vacant 2611923120013 20120 Auger Ave 2.12 8.48 TBD TBD 0.00 $0 Vac Vacant
30 Pro Drywall & Painting Inc 2611923120014 20125 Auger Ave 1.30 5.20 $11,629 $11,629 5.20 $11,629 Ind Commercial/Industrial (standard)
31 Gazelle Marketing 2611923120015 20115 Auger Ave 1.78 7.12 $15,922 $15,922 6.00 $13,418 Ind Commercial/Industrial (standard)
32 Concrete Science - storage 2611923120016 UNASSIGNED 0.63 2.52 $5,635 $5,635 0.00 $0 Ind Commercial/Industrial (standard)
33 Concrete Science 2611923110049 7545 Commerce St 1.66 6.64 $14,849 $14,849 6.00 $13,418 Ind Commercial/Industrial (standard)
34 H2K Technologies Inc 2611923110038 7550 Commerce St 1.80 7.20 $16,101 $16,101 6.00 $13,418 Ind Commercial/Industrial (standard)
35 Precision Steel 2611923110035 19945 75th Avenue 1.17 4.68 $10,466 $10,466 4.68 $10,466 Ind Commercial/Industrial (standard)
36 Precision Steel - ROW UNASSIGNED UNASSIGNED 0.20 0.80 TBD TBD 0.00 $0 Vac Vacant
37 Ballistic Products Inc 2611923110036 20015 75th Avenue 1.24 4.96 $11,092 $11,092 4.96 $11,092 Ind Commercial/Industrial (standard)
38 Handy Floral Products 2611923110037 20055 75th Avenue 1.18 4.72 $10,555 $10,555 4.72 $10,555 Ind Commercial/Industrial (standard)
39 Prism Commercial & Industrial Painting Inc 2611923140025 7525 Commerce St 1.06 4.24 $9,482 $9,482 4.24 $9,482 Ind Commercial/Industrial (standard)
40 G&M Properties Inc 2611923130012 20160 75th Avenue 2.56 10.24 TBD TBD 0.00 $0 Vac Vacant
41 Jomico Inc 2611923130013 20150 75th Avenue 5.58 22.32 $49,913 $39,930 6.00 $13,418 Ind Commercial/Industrial (non-standard)
42 Satelite Shelters 2611923140028 20050 75th Avenue 6.27 25.08 $56,085 $44,868 6.00 $13,418 Ind Commercial/Industrial (non-standard)
43 Lee Sunram 2611923140024 20010 75th Avenue 2.54 10.16 $22,720 $22,720 6.00 $13,418 Ind Commercial/Industrial (standard)
44 Loren & Doris Leuer 2611923140018 19950 75th Avenue 1.47 5.88 TBD TBD 0.00 $0 Storage Vacant
45 G&M Properties Inc 2611923140019 19910 75th Avenue 1.56 6.24 TBD TBD 0.00 $0 Vac Vacant
69.11 277.26 $494,259 $433,430 $315,640
$315,640
$117,790
TABLE 1
STAFF REPORT Agenda Item 11b.
Council Meeting:
January 14, 2016
Prepared By:
Jessica Beise
Topic:
Annual Appointments – Resolution 2016-01
Action Required:
Approval
Summary:
Each year the City makes annual appointments as required for the operations of the
City. The recommended appointments are the same as 2015 except for Acting Mayor
which requires City Council direction. It is requested the City Council review the
appointments and select an Acting Mayor for 2016.
Selected notes on annual appointments:
• City Attorney: No fee increase
• City Planner: $5/hour increase for Principal Planner
• City Engineer: $2/hour increase for City Engineer
Financial/Budget:
Fees for various appointments are included in the 2015 budget.
Alignment with Values:
This item relates to the following adopted values:
EXCELLENCE AND QUALITY IN THE DELIVERY OF SERVICES
We believe that service to the public is our reason for being and strive to deliver
quality services in a highly professional, cost-effective, and friendly manner.
Options:
1. Approve Resolution 2016-01 establishing annual appointments.
Recommendation:
Approve Resolution 2016-01 establishing annual appointments.
Council Action:
Consider a motion to approve Resolution 2016-01 establishing annual appointments.
Attachments:
1. Resolution 2016-01 establishing annual appointments
2. Crow River News Engagement Letter
3. Landform Engagement Letter and Fee Schedule
4. Wenck Associates Engagement Letter
5. Carson, Clelland & Schreder Engagement Letter
City of Corcoran January 14, 2016
County of Hennepin
State of Minnesota
RESOLUTION NO. 2016-01
Page 1 of 2
Motion By:
Seconded By:
RESOLUTION ESTABLISHING ANNUAL APPOINTMENTS FOR THE CITY OF CORCORAN FOR
2016
WHEREAS, the City of Corcoran (City) is required to designate the official newspaper, official
depositories and signatories, make annual appointments to various commissions within the organization
of the City, as well as other defined organizational items as defined by State Statute and City Codes.
NOW THEREFORE, BE IT RESOLVED that the City hereby makes the following appointments
for the year 2015.
1. Official Newspaper
Crow River News, (aka Sun Media) 10917 Valley View Road, Eden Prairie MN 55344
2. Acting Mayor
The Acting Mayor shall be _____
3. Planning Consultant
Landform, 105 S. Fifth Avenue, # 513 Minneapolis, MN 55401
4. Engineer
Wenck Associates, Inc., 1800 Pioneer Creek Center, Maple Plain MN 55359
5. Attorney – Civil and Criminal
Jeff Carson and John Thames - Carson, Clelland & Schreder, 6300 Shingle Creek Parkway,
Suite 305, Minneapolis, MN 55430-2190
6. Auditor
Abdo, Eick & Meyers, LLP 5201 Eden Avenue #250, Edina, MN 55436
KDV Ltd., 220 Park Avenue South, Saint Cloud, MN 56302
7. Assistant Weed Inspector
City Administrator and the Public Works Department
8. Insurance Agent
Anderson Insurance Agency, 312 Central Avenue S.E., #488, Minneapolis, MN 55414-1064
9. Animal Control Officer
Monticello Animal Facility, 203 Chelsea Road, Monticello, MN 55362.
10. Official Depositories
Farmers State Bank of Hamel
BankWest
21st Century Bank (Formerly State Bank of Loretto)
Northland Securities
Smith Barney Citigroup
Piper Jaffray
City of Corcoran January 14, 2016
County of Hennepin
State of Minnesota
RESOLUTION NO. 2016-01
Page 2 of 2
11. Official Signatory
The following individuals are hereby authorized as official signatories for the City:
a. Mayor/Ken Guenthner
b. Acting Mayor/__________
c. City Administrator/Brad Martens
12. Authorized for funds transfer and inquiry at Farmers State Bank of Hamel
The following individuals are hereby authorized for funds transfer and inquiry for the City
checking and savings accounts at Farmers State Bank of Hamel:
a. City Administrator/Brad Martens
b. Deputy Clerk/Jeanie Heinecke
VOTING AYE VOTING NAY
Guenthner, Ken Guenthner, Ken
Hank, Pat Hank, Pat
Keefe, Mike Keefe, Mike
LaFave, Tonya LaFave, Tonya
Thomas, Ron Thomas, Ron
Whereupon, said Resolution is hereby declared adopted on this 14th day of January 2016.
________________________________
Ken Guenthner - Mayor
ATTEST:
____________________________________
City Seal
Jessica Beise– City Clerk/Administrative Services Coordinator
105 South Fifth Avenue
Suite 513
Minneapolis, MN 55401
Tel: 612-252-9070
Fax: 612-252-9077
www.landform.net
Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC.
January 4, 2016
Brad Martens
City of Corcoran
8200 County Road 116
Corcoran, MN 55340
RE: 2016 Rate Schedule
Dear Mr. Martens,
Thank you for utilizing our firm to provide planning services for the City. We appreciate your
confidence in us and we value the opportunity to work with you and your staff since 2003. We look
forward to continuing to work with you in 2016 as we wrap up the updates to the Southeast and
Downtown Master Plans and Guidelines, update ordinances and review new development proposals
in the City. Landform has a full time staff of professionals, all of whom are committed to providing
services that are truly tailored to the communities we serve and helping our clients plan great places
to live, work and play.
I have attached our municipal rate schedule for 2016. We recognize that we all have budget
constraints and this rate schedule allows us to be competitive with other firms while allowing us to
provide a comprehensive range of services through retention of our most talented employees.
These rates will become effective on January 1, 2016 for hourly work performed by Landform on
behalf of the City in 2016.
We look forward to working with the City of Corcoran in 2016 and the opportunity to continue to
provide professional planning services to assist your staff. Landform is an interdisciplinary site
design firm with a studio-based, client-centered practice. Our professional staff includes landscape
architects, planners, urban designers, civil engineers and land surveyors. We offer you a
SensiblyGreen® approach to your development challenges from Site to Finish®.
If you have any questions or comments, please do not hesitate to call me at 612.638.0225.
Sincerely,
Landform
Kendra Lindahl, AICP
Principal Planner
Brad Martens 2
January 4, 2016
2016 Rate Schedule
Professional Services Hourly Rates
Senior Principal 195.00/hour
Principal 160.00/hour
Principal Planner 125.00/hour
Development Manager 240.00/hour
Development Coordinator lll 105.00/hour
Development Coordinator ll 95.00/hour
Development Coordinator l 85.00/hour
Associate 135.00/hour
Studio Lead 135.00/hour
Senior Designer 115.00/hour
Senior CAD Manager 120.00/hour
Designer III 92.00/hour
Designer II 77.00/hour
Designer I 67.00/hour
Planning Lead 115.00/hour
Senior Planner 115.00/hour
Planner III 92.00/hour
Planner II 77.00/hour
Planner I 67.00/hour
Survey Lead 135.00/hour
Project Lead 115.00/hour
Survey Technician III 92.00/hour
Survey Technician II 77.00/hour
Survey Technician I 67.00/hour
Crew Chief 125.00/hour
Survey Coordinator 95.00/hour
Field Technician 55.00/hour
GPS Equipment 35.00/hour
Construction Observation III 120.00/hour
Construction Observation II 85.00/hour
Construction Observation I 80.00/hour
Business Lead 75.00/hour
Administrative Assistant 57.00/hour
1. Attendance at regularly scheduled Planning Commission and City Council meetings will be billed at a flat
rate of $100.00 per meeting.
2. Internal reimbursable expenses are priced as follows:
Mileage Based on IRS Requirements
Plotting on Bond 0.25 per square foot
Plotting on Vellum 1.10 per square foot
Plotting on Mylar 2.75 per square foot
Plotting in Color 7.00 per square foot
Color Printing 1.00 for 8.5 x 11
2.50 for 8.5 x 14, 11 x 17
Foam core 25.00 per sheet
Scanning 1.50 per scan
CD/DVD 10.00 per cd/dvd
3. External reimbursable expenses shall be billed at cost plus 15%.
Wenck Associates, Inc. | 1800 Pioneer Creek Center | P.O. Box 249 | Maple Plain, MN 55359-0249
Toll Free 800-472-2232 Main 763-479-4200 Email wenckmp@wenck.com Web wenck.com
-
January 4th, 2016
Brad Martens
City Administrator
City of Corcoran
8200 County Road 116
Corcoran, MN 55340
RE: Letter of Engagement for City Engineering Services
Dear Brad:
On behalf of Wenck Associates, we thank you for the opportunity to serve as the City Engineer
and look forward to continuing in that role in 2016. Our team has provided the depth and
expertise to serve the needs of growth, along with our service delivery method of office hours
and quick availability. We appreciate supporting the staff and Council in achieving the
Council’s goals and look forward to another exciting year.
Over the past year we have worked diligentl y with residents, Downtown property owners and
developers to support the City in customer service. Wenck documented over 140 unbilled
hours of service in 2016 and since 2009 our records show 980 hours (over $100,000) of
unbilled savings to the City. Our business model shows that Corcoran benefits from
discounted rates for the volume of work, and receives senior and experienced municipal
engineers while eliminating charges for Council meeting time past one hour, many weekly
City Hall hours, initial resident inquiries, mileage costs, and other miscellaneous items. We
are proud to provide this discounted local service while keeping the range of Wenck hourly
rates shown below still competitive with other metro firms.
Hourly rates
Our day-to-day work is billed on an hourly basis and those costs will increase at typically
2.5% to 3% per category ($2 to $3 per hour). Our City Engineer rate for 2016 is proposed to
increase from $124 to $126.
Other staff would be billed in accordance with our standard schedule as listed below. The
range in this schedule has not changed from 2012, however some employees have
received a step increase:
Personnel Hourly Rate ($)
Registered Engineer/Project Manager $90.00-150.00
Senior Engineer Specialist/Scientist $119.00-175.00
Senior Technician/Surveyor $75.00-120.00
Senior Designer/CADD Technician $80.00-120.00
Inspector – Technician $60.00-100.00
Clerical $60.00-70.00
Brad Martens City Administrator
City of Corcoran
January 12, 2015
2
H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Agendas\2016\2016-01-14\11c4. Corcoran 2016 letter of engagement.docx
Other Fee Scenarios Wenck is open to discussing alternative fee arrangements such as percent of construction, fixed fee, etc. These arrangements can have both advantages and disadvantages based on the type and complexity of each project.
Independent Contractor
Wenck serves as an Independent Contractor to the City and compensation is made on an
hourly basis.
We look forward to discussing this letter of engagement and a productive 2016
year.
Sincerel y,
Wenck Associates, Inc.
Kent Torve, P.E., LEED AP
Principal
ENGAGEMENT LETTER
The Law Finn of Carson, Clelland & Schreder agrees to represent the City of Corcoran
for civil legal services and for municipal prosecution services in 2016.
Civil services include meeting attendance, staff consultation and the production of work
relating to ordinances, zoning, special assessments, development contracts and other contractual
matters. Representation for EDA matters is also anticipated. In addition to the before mentioned
subjects, any other services as needed and directed by the City Council will be gladly performed.
Charges for the civil work will be $70.00 per hour for paralegal assistant and $142.50 per hour
for attorney.
The criminal prosecution services included the prosecution of petty misdemeanors,
misdemeanors and gross misdemeanors as they occur; review and preparation of criminal
complaints and consultation and advice with officers and police administration. The prosecution
services include vehicle forfeitures. The prosecution services are billed at $97.50 per hour for
attorney and $37.50 per hour for legal assistant.
The finn will also provide human resources and labor consultation and representation if
desired by the City. These services will be billed at the civil rate.
APPROVED BY CITY OF CORCORAN
By:
Its Mayor
By: ------------------------
Its Clerk
Sincerely,
~!.__----·
Jef~~on
on Behalf of Carson, Clelland & Schreder
STAFF REPORT Agenda Item 11c.
Council Meeting:
January 14, 2016
Prepared By:
Brad Martens
Topic:
Elm Creek TMDL Draft Report
Action Required:
Direction
Summary:
At the December 10, 2015 City Council meeting, Elm Creek Watershed Commissioner
Jonathan Bottema gave an update to the City Council on an upcoming draft Total
Maximum Daily Load (TMDL) report to be released by the Elm Creek Watershed
Commission. The City received formal notice of the draft report on December 11th with
an opportunity to comment on the report by January 22, 2016.
A meeting was held on December 15, 2015 with staff, Mayor Guenthner, and Elm Creek
Watershed Commissioner Jonathan Bottema to discuss possible comments on the
report. These comments have been incorporated into a draft letter which is attached to
this report. It is requested that the City Council review the letter and direct staff to move
forward with submitting as formal comments.
Financial/Budget:
The draft TMDL report outlines data that will eventually be incorporated into the City’s
MS4 and SWPPP requirements. These requirements will likely result in additional costs
to the City.
Alignment with Values:
This item relates to the following adopted values:
FISCAL RESPONSIBILITY
We believe that fiscal responsibility and the prudent stewardship of public funds
is essential for citizen confidence in government.
Options:
1. Direct staff to submit response to draft TMDL report as drafted.
2. Direct staff to submit response to draft TMDL report with amendments.
Recommendation:
N/A
Council Action:
Direct staff on final language to submit in response to draft TMDL report.
Attachments:
1. Draft response to TMDL report
CITY OF CORCORAN
January 15, 2016
Mr. Rich Brasch
Three Rivers Park District
3000 Xenium Lane N
Plymouth, MN 55441
Dear Mr. Brasch,
On December 11, 2015 the City of Corcoran became aware of the Elm Creek
Watershed TMDL draft report. It is the understanding that the draft report was released
as part of an informal review prior to submitting to the Environmental Protection Agency
(EPA). Once approved by the EPA, the TMDL will ultimately be incorporated into the
City’s MS4 and SWPPP.
The City of Corcoran has completed an initial review of the report and offers the
following comments/areas of concern:
1. According to the report, the number of livestock/animal counts was completed by
reviewing high resolution pictometry from Hennepin County and anecdotal
information from Three Rivers Park District. The City of Corcoran is concerned
about the accuracy of that data and how it is being used in the TMDL process.
Additionally, there are many inaccuracies in Appendix A (Livestock Inventory for
Elm Creek Watershed) which shows the location and number of cattle, horses,
and other animals. Any data tied to this information is most certainly heavily
flawed. Further, the data error may falsely imply that the City can improve
bacteria through animal and manure management to the extent believed since
the numbers of animals is inaccurate. This is especially the case as the data
gives no sense of herd proximity to streams or whether those livestock
concentrations and/or the manure they generate actually make their way to the
studied stream reaches.
2. The report references that based on a review of the comprehensive land use
plans prepared by each community, approximately 27,000 acres (40%) are
expected to change land use between 2010 and 2030. Although not mentioned, it
is likely that a large portion of this acreage is within the municipal boundary of
Corcoran. While the Metropolitan Urban Service Area (MUSA) is quite large in
Corcoran, only a fraction of that land area will be developed to meet population
projections; somewhere around the range of 10 percent. This results in a
significant reduction in the land use expected to change by 2030 as compared to
the report. The overestimation of development in Corcoran causes an imbalance
in the ratio land changing use (ie., areas with constructed storm water facilities,
impervious surfaces, acres affected by NURP pond mitigation, etc.). A greater
area than anticipated will continue to generate non-urbanized impacts.
3. The WLA’s assigned to Maple Hill Estates WWTP for phosphorous requires a
reduction in effluent phosphorous discharge from approximately 2.5 mg/l to no
greater than 1mg/l. This reduction is drastic and will cost a significant amount of
funds. These costs would be pushed on to the residents of Maple Hill Estates
through rate increases making lots unaffordable to many low income families that
reside there. Additionally, the cost assumptions in Appendix H (Implementation
Cost Estimate) are grossly underestimated as the SAC alone from the Met
Council would be approximately $472,000. This does not account for other pass
through fees or the cost of construction.
4. The data used for On-Site Septic Systems (ISTS) is from a 2004 study. Hennepin
County inspects ISTS for the City so we are unaware of the accuracy of the
report related to ISTS. Elm Creek Watershed should update this data to
understand the impacts of requiring systems to be upgraded. Without much more
specific data on ISTS, the study fails to offer any usable data on this source of
pollutants. We have no idea how many systems are sited within ”impact
proximity" of studied streams, or even tributary wetlands. We have no idea how
many systems that potentially affect streams are functioning or failing. In short,
we have no idea whether the e coli loads "assigned" as generated in Corcoran
comes from cows or people. The City has no jurisdictional authority over ISTS.
The City is interested in learning how the County intends to invest in facilitating a
solution to an unknown problem.
5. The 2013 KAP study shows a poor response rate and a distrust of the
watershed, MPCA, etc. Additionally it recommends the ECWMC consider
recruiting an experienced full-time staff member dedicated to education and
outreach. The survey authors failed to construct a survey methodology sufficient
to generate anything close to a representative set of responses. The survey
prejudices the credibility of the study and should be eliminated. Additionally, any
outreach to individuals should be fully coordinated with the municipality
associated with the individuals. Municipalities have unique connections with its
residents and often have a much higher amount of trust as compared to other
levels of government. Any future initiative should be in concert with
municipalities.
6. An overarching concern is the burden being placed on the City of Corcoran which
is primarily undeveloped, to make up for reductions for the rest of the district.
Corcoran’s low population and limited tax base make many improvements
difficult to undertake. Additionally, the excess burden on future developments
may decrease the financial feasibility of projects. Corcoran believes strongly in
protecting its natural resources, however in a financially sustainable manner. The
substantial reliance on computer modeling, versus use of actual field data,
combined with an abundance of assumptions, unsupported conclusions, and
anecdotal evidence, will severely hinder the ECWMC's ability to gain acceptance
of both the TDML study and the WRAPS paper within the City.
Thank you for your consideration of these comments on behalf of the City of Corcoran.
Please reach out to Brad Martens at bmartens@ci.corcoran.mn.us or 763-400-7030 for
additional information or questions.
Sincerely,
Brad Martens
City Administrator
STAFF REPORT Agenda Item 11d.
Council Meeting:
January 14, 2016
Prepared By:
Brad Martens
Topic:
Commissioner Appointment Process
Action Required:
Direction
Summary:
The following Commissioner appointments expire in 2016:
• Planning Commission
o Terms expire February 29, 2016
Dean Jacobs
Dorothy Theis
o The Planning Commission is currently comprised of five members; it was
reduced from six through attrition.
• Parks and Trails Commission
o Terms expire February 29, 2016
Tom Anderson
Chad Robran
Kevin Dale
Deb Regan
o The Parks and Trails Commission is currently comprised of nine
members, the goal is to reduce the number of members to seven through
attrition.
Staff has included a general notice about commissioner opportunities in the January
newsletter. Additionally, commissioners with expiring terms will receive a notice from the
City informing them about the expiring term and the application process. It is requested
that the City Council direct staff on how to proceed with the appointment process.
Financial/Budget:
Commissioners work without compensation and there are no additional costs to
coordinate the appointment process.
Alignment with Values:
This item relates to the following adopted values:
EQUAL OPPORTUNITY
We believe that every employee and citizen should be afforded an equal
opportunity to participate in all aspects of employment, citizenship, and
governance in the City of Corcoran based exclusively on their ability to
contribute.
Page 2
Options:
1. Direct staff to continue has outlined in the report and bring applications for the
Planning Commission and Parks and Trails Commission to the February 25, 2016
City Council meeting for consideration.
2. Direct staff to initiate a stronger marketing effort to include an article in the Crow
River News and the Police Department Facebook/Twitter account to promote
commission openings; bring applications for the Planning Commission and Parks
and Trails Commission to the February 25, 2016
City Council meeting for consideration.
Recommendation:
N/A
Council Action:
Direct staff on how to coordinate appointments to City commissions.
Attachments:
N/A
City of Corcoran
2016 City Council Schedule
Agenda Item 13.
Page 1 of 3
January 28, 2016
•Financial Performance Report (2015)
•Planning Project Update
•Code Compliance Report
•Credit Card Processing Services
•Review of planning budget and 2016 priorities
•Strehler Estates Final Plat
•Draft 2016-2017 Capital Improvement Plan
February 11, 2016
•Legislative Priorities – 2016 session
•Start to finish staff process for new homes
•Water and Sanitary Sewer Billing
•Review bids for downtown utility and street improvement project
•Employee Handbook Update
February 25, 2016,
•Planning Project Update
•Code Compliance Report
•Adopt Set Sale Resolution for 2016 Bonds
March 10, 2016
•Approve Issuance of 2016 Bonds
March 24, 2016,
•Planning Project Update
•Code Compliance Report
•Assessing Contract Discussion
•Firing Range Report
April 14, 2016
•Financial Performance Report
•Willow Drive Project – Award Bids
April 28, 2016,
•Planning Project Update
•Code Compliance Report
•Possible Fire Department Annual Report