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Home My WebLink About2016-03-24 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 March 24, 2016 -7:00pm 1. Call to Order / Roll Call 2. Pledge of Allegiance 3. Agenda Approval 4. Open Forum 5. Presentations a. Commissioner Recognition – Kevin Dale* b. Years of Service Recognition – Jeff Schmid (15 Years) c. Years of Service Recognition – Clyde Bechtold (25 Years) 6. Consent Agenda a. Draft Minutes of February 25, 2016 Council Meeting* b. Draft Minutes of March 10, 2016 Council Work Session* c. Draft Minutes of March 10, 2016 Council Meeting* d. Health Reimbursement Arrangement Amendment* e. Resolution 2016-15 Awarding Asphalt Contract* f. Resolution 2016-16 Awarding Calcium Chloride Contract* g. Resolution 2016-17 Awarding Seal Coating Contract* h. Resolution 2016-18 Awarding Gravel Hauling Contract* 7. Claims as Presented a. Escrow Claims (Fund #500)* b. All Other Financial Claims* 8. Staff Reports / Memos / Commissions a. Planning Project Update* b. Code Compliance Report* c. Firing Range Report* d. Burn Permit Report* e. Resident Service Terminal* f. Truck Safety Seminar Report* 9. Planning Business a. Park Dedication Ordinance Amendment Draft for Council to order Public Hearing (City File 16-006) b. Solar Garden Ordinance Amendment Draft for Council to order Public Hearing (City File 16- 008) 10. Unfinished Business a. Public Works Facility – Independent Review of Conditions* b. Neighborhood Meeting Agenda – Willow Drive/Larkin Road Improvement Project* 11. New Business a. 2016 Fee Schedule Amendments 12. Closed Session a. Consider an Offer for the Purchase of Real Estate – Easement Acquisition for the Downtown Utility and Street Improvement Project 13. Unscheduled Items 14. 2016 Council Schedule* *Includes Materials - Materials relating to these agenda items can be found in the House Agenda Packet by Door. 15. Council Liaison Calendar Planning Commission 4/07/16 5/05/16 6/02/16 7/07/16 8/14/16 Thomas Guenthner LaFave Keefe Hank Parks and Trails Commission 4/19/16 5/17/16 6/21/16 7/19/16 8/16/16 Guenthner LaFave Keefe Hank Thomas 16. Adjournment City of Corcoran March 24, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-21 Page 1 of 1 Motion By: Seconded By: A RESOLUTION HONORING OUTGOING COMMISSIONER KEVIN DALE WHEREAS, Kevin Dale was appointed as a Parks and Trails Commissioner for an initial term from April 14, 2005 to December 31, 2007; and WHEREAS, Kevin Dale was successfully re-appointed for two additional terms from January 1, 2008 to February 29, 2016; and WHEREAS, prior to and during his time as a Commissioner, Kevin Dale has played a major role in the community as a leader of the Corcoran Athletic Association; and WHEREAS, during his tenure on the Parks and Trails Commission, Kevin reviewed various development plans, took part in planning the future park system and City as a whole, secured donations and grant funds, assisted in improvements to several ball fields, reviewed the parks budget and staffing plan, and kept the Commission informed on Corcoran Athletic Association activities; and WHEREAS, Kevin Dale has elected to end his service on the Parks and Trails Commission as his term expired on February 29, 2016; and WHEREAS, the City of Corcoran recognizes the time, energy, dedication, and leadership provided by Kevin Dale. NOW, THEREFORE BE IT RESOLVED, by the Corcoran City of Corcoran, that the City Council hereby honors Kevin Dale for his distinguished service to the City of Corcoran and residents of the City. 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 24th day of March, 2016. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise– City Clerk/Administrative Services Coordinator 5a. CITY OF CORCORAN City Council Meeting Minutes February 25, 2016 -7:00pm The Corcoran City Council met on February 25, 2016, 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 Attorney Thames, City Engineer Torve, City Planner Lindahl, Director of Public Safety Gottschalk, and City 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 Keefe, seconded by Hank to approve the agenda as presented. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) 4.Open Forum Ken Kluck, 21800 County Road 50, addressed the Council on the Corcoran Lions Club Chevy Dinner. Mr. Kluck noted that the dinner is on April 1, 2016 with the social hour beginning at 6:30pm and the dinner at 7pm at Rush Creek Golf Club. Mr. Kluck noted prizes will be available for attendees and anyone interested should contact him or a member of the Lions. Jerry Ziemiecki, 21420 Larkin Road, addressed the Council regarding the proposed Willow Drive project. Mr. Ziemiecki asked the Council about the lack of communication on the project, the life expectancy of the road and water and sewer arrival. 5.Presentations No presentations were heard. 6.Consent Agenda a.Draft Minutes of February 11, 2016 Council Work Session b.Draft Minutes of February 11, 2016 Council Meeting c.Lake Area Emergency Management Plan Councilor Thomas asked that Item b. be considered separately. MOTION: made by LaFave, seconded by Hank to approve the consent agenda consisting of Item a. and c. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) Councilor Thomas asked for clarification on the minutes related to the last sentence of Item 10b. Councilor Hank asked for a change his notation of dissenting vote. MOTION: made by Thomas, seconded by Hank to approve the Item b. with amendments. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) 7.Claims as Presented a. Escrow Claims (Fund #500) MOTION: made by LaFave, seconded by Thomas 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 Keefe, seconded by Thomas to approve all other claims as presented. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) 8.Staff Reports / Memos/Commissions 6a. a. Planning Project Update; report received. b. Code Compliance Report; report received. Councilors asked about the referral to the attorney. City Attorney Thames noted an action plan has been received and staff will monitor progress. c. Hackamore Road Planning; report received. 9. Planning Business / Landform a. Sketch Plan – White Tail Glen City Planner Lindahl presented the report noting the project would need a comprehensive plan amendment and zoning change to a Planned Unit Development. Planner Lindahl noted that Homestead Partners would improve the street through the Lennar properties and the subdivision would have 50 foot lots, compared to the Ravinia 4th Addition which has proposed 55 foot lots Council discussed the property access for current owners, long term street connections, cul-de-sac islands and vegetation plans. Councilors discussed their thoughts on the lot size and asked to see examples of fifty foot lots. b. City Comments – Rezoning to PUD, Preliminary and Final Plat for 123.9 acres and PUD Plan approval for a Hy-Vee grocery and gas station at “Markets at Rush Creek” in Maple Grove City Planner Lindahl presented the report. Council discussed noting the concerns about Lions Park and revisited the reasoning for approving the Lions Park PUD to allow for the current use of the property. Per consensus, Council directed staff to authorize the Mayor and City Administrator to send the letter to Maple Grove. 10. Unfinished Business a. Willow Drive Improvement Project i. Staff Update ii. Petition Submittal City Administrator Martens, presented the report noting the history of the project, the five MSA collector roads available, the financing of the projects, the timeline and the historical comparison of the gravel versus asphalt maintenance. John Dahl, 6330 Willow Drive, addressed the Council regarding the proposed project and presented a petition of residents from Willow/Larkin roads. Mr. Dahl reviewed the concerns of the petitioners including increased speed, increased traffic, increased crime, and increased taxes. Mayor Guenthner suggested hosting an open house event to discuss the project. Council discussed the process for public comment related to this project and others. Councilors noted their level of support for the project. Council discussed looking into a trail as an alternative to mitigate concerns of residents. Per consensus, Council directed staff to review trail options, create written material to be mailed to residents on the project and schedule an open house. Mayor Guenthner recessed the regular meeting at 8:41pm. Mayor Guenthner reconvened the regular meeting at 8:45pm. b. Compensation Study Process City Administrator Martens introduced Ann Antonsen, Springsted Incorporated to review the report. Ms. Antonsen noted the potential survey list and how the potential survey participants were selected including community growth, budget, tax capacity, proximity to the metro area, similar organizational structure among other factors. Ms. Antonsen requested feedback from Council as well as specific private companies that the Council was interested in comparing to. Councilor discussed interest in private sector data, looking at surrounding communities and looking at staff sizes. Per consensus, Council directed the City Administrator to utilize his knowledge of surrounding communities to bring forward a recommended list of comparable cities. c. 2016 Capital Improvement Plan Purchases City Administrator Martens presented the report noting the increased cost due to a portion of vehicles being taxable. Council discussed and suggested looking into discounts provided by energy companies for the use of the generator. 6a. MOTION: made by Thomas, seconded by LaFave to approve the 2016 Capital Improvement Plan purchases. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) d. Consideration of Awarding Bids – Cropland Rental MOTION: made by Keefe, seconded by LaFave to approve Resolution 2016-09 – Awarding Cropland Bids. Councilors inquired about the length of the contract and suggested a longer term lease. City Clerk/Administrative Services Coordinator Beise noted that the lease term had been increased to a two year term by previous Councils and staff would review the lease term during the next bidding cycle. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) e. Review of Bid Alternates – Downtown Utility and Street Improvement Project City Administrator Martens presented the report, noting that there would be connection fees for alternate 3. Council discussed alternate two and if public works would be available to complete the work. Council discussed the use of park dedication fees for alternate 3. MOTION: made by Thomas, seconded by LaFave to select bid the base bid along with alternates 1 and 3 for the downtown utility and street improvement project. Council discussed pond maintenance, storm water recovery fee, and the value of the project to an individual landowner. Voting Aye: Guenthner, Keefe, LaFave, and Thomas Voting Nay: Hank (Motion carried 4:1) 11. New Business a. Fee Agreements – Downtown Utility and Street Improvement Project City Administrator Martens presented the report, noting the staff would present these to affected property owners. Council discussed the process, the triggers for fees to payable, the amount of interest that should be approved. Staff noted the 1% interest above the cost of issuance has been previously discussed and was included in the assessment roll for the project. Council discussed the financing option and the requirement for commercial properties to connect to the utility system. MOTION: made by Hank, seconded by Keefe to authorize staff to offer assessment and finance agreements as presented. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) b. Commissioner Appointments – Parks and Trails Commission MOTION: made by LaFave, seconded by Thomas to reappoint Thomas Anderson, Debbie Regan, and Chad Robran to the Parks and Trails Commission for a term of March 1, 2016 – February 28, 2019. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) c. Commissioner Appointments – Planning Commission MOTION: made by Keefe, seconded by Hank to reappoint Dean Jacobs and Dorothy Theis to the Planning Commission for a term of March 1, 2016 – February 28, 2019. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) 12. Closed Meeting a. Consider an Offer for the Purchase of Real Estate – Easement Acquisition for the Downtown Utility and Street Improvement Project b. Attorney Client Privilege to Consider Litigation Strategy – Public Works Floor Settling Issue Mayor Guenthner stated: “The City Council is going into closed session for two purposes: • To consider an offer for the purchase of real estate • Under attorney client privilege to consider litigation strategy and potential settlement parameters.” 6a. “Under the authority of Minn. Stat. § 13D.05 subd. 3(c)(3) the City is permitted to close a meeting to consider offers and counter-offers for the purchase of real estate. The city council is going into closed session to consider an offer for the purchase of real estate; the following 12 properties are the subject of the closed meeting: 20400 County Road 10; 20000 County Road 10; 20045 County Road 10; Unassigned property; PID 26-119-23-11-0006; south of 20101 County Road 10 7625 County Road 116; 7569 County Road 116; 19905 County Road 10; Unassigned property; PID 26-119-23-11-0025; adjacent to 19925 County Road 10 Unassigned property; PID 26-119-23-11-0045; west of 2569 County Road 116 7610 Commerce Street 19925 County Road 10; 20175 County Road 50” “Under the authority of Minn. Stat. § 13D.05 subd. 3(b) the City is also permitted to close a meeting to pursuant to the attorney client privilege when confidentiality is paramount in discussing litigation strategy.” “During the closed session, the city council is also going to consider litigation strategy and potential settlement parameters with its city attorney pertaining to the floor settlement issues at the public works building. The City believes that a need for absolute confidentiality is paramount in order to protect its interests in this litigation and negotiation, and outweighs the public’s right to know.’ Mayor Guenthner recessed the regular meeting at 9:52 pm. Mayor Guenthner reconvened the regular meeting at 10:41pm. Mayor Guenthner stated: “In the closed session the city council discussed an offer for the purchase of real estate; no formal action was taken. The city council also discussed litigation and settlement strategy with its city attorney and the attorney and staff have been given direction.” 13. Unscheduled Items No unscheduled were presented. 14. 2016 Council Schedule City Administrator Martens reviewed the upcoming draft Council schedule. Council discussed upcoming work sessions noting that on March 10 staff would review the Public Works Structure. 15. Council Liaison Calendar The Council liaison calendar was not reviewed, but was available in the Council packet. 16. Adjournment MOTION: made by LaFave, seconded by Hank to adjourn. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) Meeting adjourned at 10:45pm. ________________________________ Jessica Beise – City Clerk/Administrative Services Coordinator 6a. CITY OF CORCORAN City Council Work Session Minutes March 10, 2016 - 5:30pm The Corcoran City Council met on March 10, 2016 in work session, at City Hall in Corcoran, Minnesota. Present were Acting Mayor Thomas, Councilor Hank, and Councilor LaFave. Mayor Guenthner and Councilor Keefe were excused. Also present were City Administrator Martens, Director of Public Safety Gottschalk, Public Works Superintendent Meister and City Clerk/Administrative Services Coordinator Beise. 1.Call to Order / Roll Call Acting Mayor Thomas called the work session to order at 5:43pm. 2.Public Works Staff Planning City Administrator Martens presented the report noting the options for staffing models, the lead worker position and what role a consultant engineer would play if a full time City Engineer/Public Works Director was hired. Staff noted that if selected the City would continue to contract for additional assistance as needed and that the City would decrease the fees charged to residents and developers if a full time City Engineer/Public Works Director was hired. Council discussed the proposed models, sharing engineering services with other City’s and the need for a lead worker. Per consensus, Council directed staff to explore the option of a City Engineer/Public Works Director. Staff outlined the next steps as approving the lead worker recruitment process and adding the City Engineer/Public Works Director position into the 2017 budget. 3.City Project Update The City Project Update was not reviewed, but was available in the packet. 4.April Work Session Agenda City Administrator Martens noted that the April Work Session Topic is schedule for storm water topics including Total Maximum Daily Load, MS4 and watershed district items that will affect the City. 5.Unscheduled Items No unscheduled were presented. 6.Adjournment MOTION: made by Hank, seconded by LaFave to adjourn. Voting Aye: Thomas, Hank, and LaFave (Motion carried 3:0) Meeting adjourned at 6:36pm. ________________________________ Jessica Beise – City Clerk/Administrative Services Coordinator 6b. CITY OF CORCORAN City Council Meeting Minutes March 10, 2016 -7:00pm The Corcoran City Council met on March 10, 2016, at City Hall in Corcoran, MN. Present were Acting Mayor Thomas, Councilor Hank, Councilor Keefe, and Councilor LaFave. Mayor Guenthner was excused. Also present were City Administrator Martens, City Engineer Torve, City Director of Public Safety Gottschalk, and City Clerk/Administrative Services Coordinator Beise. 1.Call to Order / Roll Call Acting Mayor Thomas called the meeting to order at 7:00pm. 2.Pledge of Allegiance Acting Mayor Thomas invited all in attendance to rise and join in the Pledge of Allegiance. 3.Agenda Approval MOTION: made by LaFave, seconded by Hank to approve the agenda as presented. Voting Aye: Thomas, Hank, Keefe, and LaFave (Motion carried 4:0) 4.Open Forum John Dahl, 6330 Willow Drive, addressed the Council regarding the actions of a Corcoran Police Officers and the Willow Drive/Larkin Road proposed paving project. Mr. Dahl described an encounter his neighbor had with Officer Johnson in cleaning up after an incident. Mr. Dahl noted that Officer Johnson went above and beyond and commended the Police Department. Mr. Dahl noted in regards to the Willow Drive Paving Project that the petitioners had spoken and the Council should follow their instruction and take a vote and stop the project. Mr. Dahl noted he has contacted Senator Klobachar in regards to this project and may contact the League of Minnesota Cities. Greg Hoglund, 19220 Hackamore Road, addressed the Council regarding communications with the public. Mr. Hoglund noted the City’s lack of communication, need for video taping meetings and interest in developers paying for paving of roads and parks. Mr Hoglund noted that he was in favor of option #4 in the staff report related to the community recreational amenity. Danielle Peterson, 6545 Bridle Way, addressed the Council on Item 10a. Water and Sanitary Sewer Fee Schedule Admendment. Ms. Paulson thanked the Council and staff for examining the fees and noted she was hoping to realize a saving for residents with the amendment but understood the need to cover costs and hopes that staff will review the fees in the future. Dick Theis, 20575 County Road 10, addressed the Council on Item 6d. Resolution Rescinding Authorizing the Reconveyance of Land. Mr. Theis asked that the Council consider conveying the land as a neighbor is interested in the property. Mr. Theis noted that he planted trees and maintained the creek on the property, the tax impact of City owned land and consideration of a trail easement. Mr. Theis noted that if a land not re-conveyed an easement trade was available a building could be built to house his outdoor storage. Dorthory Theis, 9530 Cain Road, addressed the Council on a variety of items including the proposed recreation amenity, paving road and communications. Specifically Ms. Theis noted that paving has not been done previously and may not be needed; the Council should consider the costs now and in the future of road maintenance. Ms. Theis suggested an additional open forum at the end of meetings. 5.Presentations No presentations were heard. 6.Consent Agenda a.Draft Minutes of February 25, 2016 Council Meeting b.Resolution 2016-10 – Accepting Donation from the Northwest Area Jaycees c.Mama G’s Optional 2AM License Renewal d.Resolution Rescinding Authorizing Reconveyance of Land e.Resolution 2016-12 – Temporary On-Sale Liquor License – Hamel Rodeo 6c. Acting Mayor Thomas asked that Items a. and b. be considered separately. MOTION: made by Hank, seconded by LaFave to approve the consent agenda consisting of Items c. d., and e. Voting Aye: Thomas, Hank, Keefe, and LaFave (Motion carried 4:0) Councilor Thomas asked for clarification on the minutes. Council discussed the minute format. MOTION: made by Hank to approve Item a. as presented. (Motion failed, no second) MOTION: made by LaFave, seconded by Keefe to table Item a. Voting Aye: Thomas, Hank, Keefe, and LaFave (Motion carried 4:0) Mayor Thomas acknowledged the Northwest Area Jaycees for their donation to the City. MOTION: made by Hank, seconded by LaFave to approve the Item b. Voting Aye: Thomas, Hank, Keefe, and LaFave (Motion carried 4:0) 7. Claims as Presented a. Escrow Claims (Fund #500) No escrow claims were presented. b. All Other Financial Claims MOTION: made by Keefe, seconded by LaFave to approve all other claims as presented. Voting Aye: Thomas, Hank, Keefe, and LaFave (Motion carried 4:0) 8. Staff Reports / Memos/Commissions a. Park Dedication Fund Eligibility City Administrator Martens presented the report. Council discussed the involvement of the Parks and Trails Commission. 9. Planning Business / Landform No planning business was presented. 10. Unfinished Business a. Water and Sanitary Sewer Fee Schedule Amendment City Administrator Martens presented the report and noting the needed cost to not further burden the fund and the philosophy of the Council. City Administrator Martens noted the comparison of other cities and the next steps to include a fee schedule amendment. Council discussed the need for a commercial user fee schedule, comparison to surrounding communities and a consideration to reevaluate fees in the future. MOTION: made by Keefe, seconded by Hank to direct staff to proceed with fee schedule amendments as recommended. Voting Aye: Thomas, Hank, Keefe, and LaFave (Motion carried, 4:0) b. Bid Award – Downtown Utility and Street Improvement Project City Administrator Martens presented the report noting the overall project costs with the proposed alternates and the financing plan. Council discussed the cost difference. City Engineer noted that he hasd spoken with the bidder and they are still in good faith. MOTION: made by Hank to accept bids without alternates 1 and 3. (Motion failed, no second) MOTION: made by Keefe, seconded by LaFave to approve Resolution 2016-13 Authorizing Award of Contract for the 2016 Downtown Corcoran Sewer and Water Improvements. Council discussed wanting Parks and Trails commission feedback. Voting Aye: Thomas, Hank, Keefe, and LaFave (Motion carried, 4:0) c. Section of Comparable Cities – Compensation Study City Administrator Martens presented the report noting the study is anticipated to be complete by May and the study will include private sector data. Council discussed noting the timing aligned with the budget process and support of the comparable cities. MOTION: made by LaFave, seconded by Keefe to authorize staff to use the recommended group of comparable cities in the compensation study. Voting Aye: Thomas, Hank, Keefe, and LaFave (Motion carried 4:0) 11. New Business a. Set Sale Resolution – 2016 Bonds City Administrator Martens introduced Tammy Omdahl, Northland Securities to review the report. Ms. Omdahl reviewed the bond rating process, the process for issuing debt and the estimated interest. Council discussed the competitive bond process, bonding for connection fees and the source of revenue. Council discussed looking at multiple ratings, comparison of bond ratings of other cities. Staff noted bonding included for the connection fees. Council discussed the assumptions of the Long-term Financial Plan, the projections for the utility funds, the philosophy for bonding, and utilizing surplus funding. MOTION: made by Hank to apply $125,000.00 of 2015 monies to reduce the Capital Improvement Plan. (Motion failed, no second) Council discussed the use of park dedication funds and the utility funds. MOTION: made by LaFave, seconded by Thomas to approve Resolution 2016-14 Providing for the Issuance and Sale of Approximately $3,090,000 General Obligation Bonds, Series 2016A Council discussed opinions of bonding and the use of funds. Voting Aye: Thomas, Keefe, and LaFave Voting Nay: Hank (Motion carried 3:1) b. Regional Recreation Amenity Discussion City Administrator Martens presented the report noting the different options available for pursuing a regional recreational amenity. Councilors discussed their opinions on moving forward. Council discussed looking at the broader issue and the commitment to the project, taking a step back for further examine the project, considering the what is wanted and needed and renegotiating the existing purchase agreement. Per consensus, no action was taken and continue discussion alongside the park dedication ordinance update later this year c. Police Officer Recruitment Process Director of Public Safety Gottschalk presented the report outlining 2016 budget discussion, part- time hours and the proposed timeline with the Officer anticipated starting date of July. Council discussed police officer scheduling and the use of current part-time officers. MOTION: made by Keefe, seconded by Hank to approve the Police Officer job description and direct staff to begin the hiring process. Voting Aye: Thomas, Hank, Keefe, and LaFave (Motion carried 4:0) d. Commissioner Appointments – Charter Commission City Administrator Martens presented the report. MOTION: made by LaFave, seconded by Keefe to reappoint Jim Tilbury and Dorothy Theis to the Charter Commission for a four term. Voting Aye: Thomas, Hank, Keefe, and La/Fave (Motion carried 4:0) e. Neighborhood Meeting Date – Willow Drive Improvement Project City Administrator Martens presented the report noting he envisioned a listening and informational session held in the community room. Council discussed hearing residents concerns, visual aids and the meeting focusing on current concerns including safety, speed, and trails. City Administrator Martens noted staff would mail meeting notices to all sections of the proposed project. MOTION: made by Hank, seconded by Keefe to call for a neighborhood meeting for the Willow Drive Improvement Project on Tuesday, March 29th, 2016. Voting Aye: Thomas, Hank, Keefe, and LaFave (Motion carried 4:0) 12. Closed Meeting a. Consider an Offer for the Purchase of Real Estate – Easement Acquisition for the Downtown Utility and Street Improvement Project Acting Mayor Thomas stated: “The City Council is going into closed session to consider an offer for the purchase of real estate” “Under the authority of Minn. Stat. § 13D.05 subd. 3(c)(3) the City is permitted to close a meeting to consider offers and counter-offers for the purchase of real estate. The city council is going into closed session to consider an offer for the purchase of real estate; the following 12 properties are the subject of the closed meeting: 20400 County Road 10; 20000 County Road 10; 20045 County Road 10; Unassigned property; PID 26-119-23-11-0006; south of 20101 County Road 10 7625 County Road 116; 7569 County Road 116; 19905 County Road 10; Unassigned property; PID 26-119-23-11-0025; adjacent to 19925 County Road 10 Unassigned property; PID 26-119-23-11-0045; west of 2569 County Road 116 7610 Commerce Street 19925 County Road 10; 20175 County Road 50” Acting Mayor Thomas recessed the regular meeting at 9:29 pm. Acting Mayor Thomas reconvened the regular meeting at 10:01pm. Acting Mayor Thomas stated: “In the closed session the city council discussed an offer for the purchase of real estate; no formal action was taken. Unscheduled Items No unscheduled were presented. 13. 2016 Council Schedule The draft City Council schedule was in the packet but not reviewed. City Administrator Martens noted he would send out an email regarding a Council liaison for the Police Officer recruitment process. 14. Council Liaison Calendar Acting Mayor Thomas noted he was not able to attend the upcoming Parks and Trails Commission meeting. 15. Adjournment MOTION: made by Keefe, seconded by LaFave to adjourn. Voting Aye: Thomas, Hank, Keefe, and LaFave (Motion carried 4:0) Meeting adjourned at 10:02pm. ________________________________ Jessica Beise – City Clerk/Administrative Services Coordinator STAFF REPORT Agenda Item 6d. Council Meeting: March 24, 2016 Prepared By: Brad Martens Topic: Health Reimbursement Arrangement Amendment Action Required: Approval Summary: As part of the 2016 Open Enrollment process, staff began to review the previous benefits. Staff found that the City had offered Health Reimbursement Arrangement plans and that as no one was currently enrolled in an HRA plan their funds had been frozen. Employees who had been in an HRA plan have since switched to HSA plans. The funds that employees had built up are frozen until they return to an HRA plan, terminate their employment or retire. The frozen funds total $12,184.34 . The funds are not budgeted for but are a financial liability. To reduce the liability, an amendment to the HRA document can be made to allow employees to utilize the funds on a limited basis for dental or vision care. The IRS limits the scope of the use of an HRA in conjunction with an active HSA plan. Financial/Budget: The City has been carrying this unfunded liability. This is unbudgeted, to if each employee would retire or leave employment these funds would be payable. By allowing employees to spend down these funds our liability will be reduced. 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. 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. Options: Page 2 1. Approve the amendment to the Health Reimbursement Arrangement. 2. Send back to staff for further review. Recommendation: Approve the amendment to the Health Reimbursement Arrangement. Council Action: Consider a motion to approve the amendment to the Health Reimbursement Arrangement. Attachments: 1. Proposed Health Reimbursement Arrangement Amendment 2. 2009 Approved Health Reimbursement Arrangement Amendment 3. 2008 Health Reimbursement Arrangement PLAN AMENDMENT TO THE CITY OF CORCORAN HEALTH REIMBURSEMENT ARRANGEMENT Pursuant to the authority retained by the Employer under Section 11.1 of the City of Corcoran Health Reimbursement Arrangement (the “Plan”), the Plan is hereby amended as follows, effective April 1, 2016:  A new definition “HSA-Compatible Expenses” has been added to Article II “DEFINITIONS”. HSA-Compatible Expenses are limited to vision care and dental care as defined in § 223(c)(2)(C) of the Internal Revenue Code.  A new Section 4.8 “Limitations for HSA and HRA Combination” has been added. Participants cannot participate in a general purpose HRA and remain eligible to participate in a Health Savings Account (“HSA”). If the City sponsors an HSA Benefit and you elect to participate in both the HSA Benefit and the HRA, your HRA will reimburse only the following HSA-compatible expenses: vision and dental. Participants may also choose to participate in an HSA-Compatible HRA to maintain your eligibility and/or the eligibility of your spouse to participate in an HSA. You must, however, notify the City that you wish to participate in an HSA-Compatible HRA, and you will be required to complete and submit an election form. PLAN AMENDMENT TO THE CITY OF CORCORAN HEALTH REIMBURSEMENT ARRANGEMENT Pursuant to the authority retained by the Employer under Section 11.1 of the City of Corcoran Health Reimbursement Arrangement (the “Plan”), the Plan is hereby amended as follows, effective January 1, 2009: v A new definition “Suspension Election Form” has been added to Article II “DEFINITIONS”. Suspension Election Form means the form provided by the Claims Administrator for the purpose of allowing a Participant to suspend his or her HRA Account for the Plan Year. v A new Section 4.7 “Election to Suspend HRA Account” has been added. 4.7 Election to Suspend HRA Account. A Participant may elect to suspend his or her HRA Account for any future Plan Year by submitting a Suspension Election Form to the Plan Administrator before the beginning of that Plan Year. a) The Participant’s suspension election will remain in effect for the entire Plan Year to which it applies, and the Participant may not modify or revoke the election during that Plan Year. The Participant will not receive reimbursements for any eligible Health Care Expenses incurred during the Plan Year to which the suspension election applies. b) During the suspended Plan Year, a Participant will also not receive reimbursements for any eligible Health Care Expenses incurred in the Plan Year before the suspension election becomes effective. c) If a Participant suspends his or her HRA Account for a Plan Year, the Employer will not make any contributions to the HRA Account during that Plan Year. v Section 5.3 of the Plan titled “Claims for Reimbursement” has been changed to read as follows: 5.3 Claims for Reimbursement. A Participant may elect to make claims under this Plan by completing and submitting a claim form or, if such service is provided by the Claims Administrator, to have claims under this Plan made automatically on his/her behalf as further described below. Such an election shall be made by completing a form provided by the Plan Administrator. If no such election form is submitted, the Participant must make claims via claim forms. An election regarding the filing of claims may be changed at any time by a Participant upon submitting a new election form to the Plan Administrator. Claims shall be determined in accordance with Article VII. a) Claims for reimbursement made by claim form shall be made by completing and submitting such form to the Claims Administrator. The Claims Administrator is entitled to rely upon the information provided on the claim form in processing claims under this Plan. A claim must be submitted for payment within twelve (12) calendar months following the close of the Plan Year in which the Health Care Expense was incurred. Where circumstances beyond the Participant’s control prevent submission within the described time frame, notice of a claim with an explanation of the circumstances may be accepted by the Claims Administrator as a timely filing. b) Notwithstanding the foregoing, however, if a Participant elects to suspend his or her HRA Account pursuant to Section 4.7 above, during the suspended Plan Year, the Participant will not be permitted to submit claims for reimbursement of any eligible Health Care Expenses incurred in the Plan Year before the suspension election becomes effective. c) Automatic claims reimbursement, if such service is provided by the Claims Administrator, shall be available to Participants actively employed by the Employer for Health Care Expenses describe in Section 2.15(a)(i). Such claims will be electronically transferred from the HD Health Plan carrier to the Claims Administrator for processing. DATED: _______________________________________ City of Corcoran By: ___________________________________ Its _____________________________ Doc# 2657604\2 9/22/08 CITY OF CORCORAN HEALTH REIMBURSEMENT ARRANGEMENT January 1, 2008 i Doc# 2657604\2 TABLE OF CONTENTS Page ARTICLE 1 INTRODUCTION................................................................................................................1 1.1 Name.....................................................................................................................................1 1.2 Purpose..................................................................................................................................1 1.3 HIPAA Privacy and Security Rules........................................................................................1 1.4 Not ERISA Plan.....................................................................................................................2 ARTICLE 2 DEFINITIONS AND INTERPRETATION..........................................................................2 2.1 Definitions.............................................................................................................................2 2.2 Interpretation.........................................................................................................................4 ARTICLE 3 EMPLOYER........................................................................................................................5 3.1 Adoption of Plan....................................................................................................................5 3.2 Recordkeeping and Reporting................................................................................................5 ARTICLE 4 PARTICIPATION IN THE PLAN........................................................................................5 4.1 Eligibility Requirements........................................................................................................5 4.2 Participant Status...................................................................................................................5 4.3 Conditions of Participation.....................................................................................................5 4.4 Termination of Contributions.................................................................................................6 4.5 Termination of Participation...................................................................................................6 4.6 Deemed Participants..............................................................................................................6 ARTICLE 5 BENEFITS UNDER THE PLAN..........................................................................................7 5.1 Health Reimbursement Arrangement (“HRA”) Account.........................................................7 5.2 Claims for Reimbursement.....................................................................................................7 5.3 Incurred Expenses..................................................................................................................7 5.4 Timing of Reimbursement......................................................................................................8 5.5 Maximum Reimbursement.....................................................................................................8 5.6 Termination of Eligibility.......................................................................................................8 5.7 Nondiscrimination...............................................................................................................10 5.8 HRA Account Forfeitures....................................................................................................10 5.9 Medical Child Support Orders..............................................................................................10 5.10 Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”)...............................10 5.11 Further Limitations on Benefits............................................................................................11 ARTICLE 6 CONTRIBUTIONS.............................................................................................................11 6.1 Employer Contributions.......................................................................................................11 6.2 No Employee Contributions.................................................................................................12 ARTICLE 7 CLAIMS DETERMINATIONS AND REVIEW OF DENIED CLAIM...............................12 7.1 Claims Determination..........................................................................................................12 7.2 Review of Denied Claim......................................................................................................12 ARTICLE 8 COBRA COVERAGE.........................................................................................................12 8.1 Compliance with COBRA....................................................................................................12 8.2 COBRA Policies and Procedures.........................................................................................12 8.3 Notification Procedures........................................................................................................12 ii Doc# 2657604\2 8.4 Certificate of Creditable Coverage.......................................................................................15 ARTICLE 9 HIPAA PRIVACY AND SECURITY PROVISIONS..........................................................16 9.1 The Privacy Rules under HIPAA apply to this Plan..............................................................16 9.2 Use and Disclosure of PHI...................................................................................................16 9.3 Employer’s Obligations under the Privacy Rules..................................................................18 9.4 Employer’s Obligations under the Security Rules.................................................................18 9.5 Adequate Separation Between the Plan and the Employer....................................................19 9.6 Limitation of PHI and ePHI Access and Disclosure..............................................................19 9.7 Noncompliance Issues..........................................................................................................19 ARTICLE 10 PLAN ADMINISTRATION..............................................................................................19 10.1 Plan Administrator...............................................................................................................19 10.2 Agent for Service of Legal Process......................................................................................20 10.3 Allocation of Responsibility for Administration...................................................................20 10.4 Rules and Decisions.............................................................................................................20 10.5 Records and Reports............................................................................................................21 10.6 Authorization of Benefit Payments.......................................................................................21 10.7 Other Powers and Duties of the Administrator......................................................................21 ARTICLE 11 PLAN AMENDEMENT AND TERMINATION...............................................................21 11.1 Plan Amendment by Employer.............................................................................................21 11.2 Employer’s Right to Terminate Plan....................................................................................22 ARTICLE 12 GENERAL PROVISIONS.................................................................................................22 12.1 No Reversion to the Plan Administrator or Employer...........................................................22 12.2 Non-Alienation of Benefits..................................................................................................22 12.3 Action by Employer.............................................................................................................23 12.4 No Guarantee of Tax Consequences.....................................................................................23 12.5 Compensation and Expenses................................................................................................23 12.6 Governing Law....................................................................................................................23 12.7 Family and Medical Leave Act of 1993 (“FMLA”)..............................................................23 12.8 Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”).......................................................................................................................23 12.9 Plan Not a Contract of Employment.....................................................................................24 12.10 Medicare Secondary Payer...................................................................................................24 12.11 Medicare Part D...................................................................................................................24 Doc# 2657604\2 CITY OF CORCORAN HEALTH REIMBURSEMENT ARRANGEMENT THIS INSTRUMENT, amending and restating the City of Corcoran Health Reimbursement Arrangement, is adopted by City of Corcoran, a Minnesota City, and shall be effective as of January 1, 2008. W I T N E S S E T H WHEREAS, City of Corcoran (“Employer”) adopted the City of Corcoran Health Reimbursement Arrangement (“Plan”) effective as of January 1, 2006 to permit eligible Employees to receive reimbursement for certain Health Care Expenses as provided in this Plan; and WHEREAS, the Plan has continued in force at all times since its effective date; and WHEREAS, the Employer desires to restate the Plan to comply with recent changes in federal law; NOW, THEREFORE, the Plan is hereby amended and restated effective as of January 1, 2008 to read as follows: ARTICLE 1 INTRODUCTION 1.1 Name. The name of this Plan is the City of Corcoran Health Reimbursement Arrangement. 1.2 Purpose. The purpose of the Plan is to provide certain Employees with an opportunity to receive reimbursement for certain Health Care Expenses as provided in this Plan. It is the intention of the Employer that the benefits provided and payable under this Plan be eligible for exclusion from the gross income of Participants as provided by Sections 105(b) and 106 of the Code. In addition, it is the intention of the Employer that the Plan qualifies as a Health Reimbursement Arrangement (“HRA”) under the IRS Revenue Ruling 2002-41 (June 26, 2002) and IRS Notice 2002-45 (June 26, 2002). 1.3 HIPAA Privacy and Security Rules. This Plan is a “covered entity” for purposes of the Privacy Rules and Security Rules as described in greater detail in Article 9 below. 2 Doc# 2657604\2 1.4 Not ERISA Plan. This Plan is not an employee welfare benefit plan for purposes of ERISA. ARTICLE 2 DEFINITIONS AND INTERPRETATION 2.1 Definitions. Whenever used in the Plan, the following words and phrases shall have the meanings set forth below unless the context plainly requires a different meaning, and when the defined meaning is intended, the term is capitalized: “Authorized Representative” means, for the claims and appeal procedures, the person entitled to act on behalf of the claimant with respect to a benefit claim or appeal. In order for the Plan to recognize a person as an Authorized Representative, written notification to that affect signed by the claimant and notarized must be received by the Plan. An assignment for purposes of payment is not designation of an “Authorized Representative.” “Claims Administrator” means Acclaim Benefits, designated by and under contract with the Plan Administrator to perform certain administrative functions. “Code” means the Internal Revenue Code of 1986, as amended from time to time. “Co-Payment” means the co-insurance amounts (flat dollar or percentage) described and for which the Covered Individual is responsible under the HD Health Plan. “Covered Individual” means a Participant, Dependent of a Participant and the Spouse of a Participant, and any other person appropriately covered under the Plan. “Deductible” means the amount under the HD Health Plan required to be paid by the Covered Individual before the HD Health Plan begins to pay. “Dependent” means “dependent” as defined in Section 152 of the Code determined without regard to subsections (b)(1), (b)(2) and (d)(1)(B) thereof. “Employee” means any person employed by the Employer on or after the Effective Date, except that it shall not include a self-employed individual as described in Section 401(c) of the Code. All employees who are treated as employed by a single employer under Subsections (b), (c) or (m) of Section 414 of the Code are treated as employed by a single employer for purposes of this Plan. Employee does not include the following: (i) Any employee included within a unit of employees covered by a collective bargaining unit unless such agreement expressly provides, whether specifically or generally, for coverage of the employee under this Plan; 3 Doc# 2657604\2 (ii) Any employee who is a nonresident alien and receives no earned income from the Employer from sources within the United States; and (iii) Any employee who is a leased employee as defined in Section 414(n)(2) of the Code “Employer” means City of Corcoran. “ERISA” means the Employee Retirement Income Security Act of 1974 and regulations thereunder, as amended from time to time. Plans sponsored by public sector entities are not subject to ERISA. “Employer Contribution” means a nonelective contribution made by the Employer on behalf of each Participant in the Plan. The Employer Contribution is an amount that has not been actually or constructively received by the Participant, and it is made available to the Participant exclusively for reimbursement under the Plan. “Entry Date” means the date upon which an Employee satisfies the eligibility requirements set forth in Section 4.1. “ePHI” means PHI maintained or transmitted in electronic media, including, but not limited to, electronic storage media (i.e., hard drives, digital memory medium) and transmission media used to exchange information in electronic storage media (i.e., internet, extranet, and other networks). PHI transmitted via facsimile and telephone is not considered to be transmissions via electronic media. “HD Health Plan” means the high deductible, major medical group health plan adopted and sponsored by the Employer. “Health Care Expense” means any expenses for medical care as defined in Section 213(d) of the Code. In accordance with Section 213(d) of the Code, with respect to premiums for qualified long-term care insurance, the amount of such premium that will qualify as a Health Care Expense shall be limited to the portion that constitutes “eligible long-term care premiums” as defined in Section 213(d)(10) of the Code. “Health Reimbursement Arrangement” (“HRA”) means an employer funded medical reimbursement program within the meaning of IRS Revenue Ruling 2002-41 (June 26, 2002) and IRS Notice 2002-45 (June 26, 2002). “Highly Compensated Individual” means an individual who is among the highest paid 25 percent of all Employees, other than excludable employees under Section 105(h)(3)(B) of the Code. “HIPAA” means the Health Insurance Portability and Accountability Act of 1996 and regulations thereunder, as amended from time to time. “HRA Account” means “health reimbursement arrangement account” and is the record keeping account established under the Plan for each Participant. 4 Doc# 2657604\2 “Managing Body” means the person or persons with authority to make decisions for the Employer. “Participant” means an Employee who has become and not ceased to be a Participant pursuant to Article 3. In addition, Participant includes persons “deemed” to be Participants under a specific provision of this Plan. “PHI” means health information that: (i) is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; (ii) relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and (iii) either identifies the individual or reasonably could be used to identify the individual. “Plan” means the City of Corcoran Health Reimbursement Arrangement. “Plan Administrator” means the entity, person or persons responsible for the Plan’s administration as determined under Section 10.1. “Plan Year” means the twelve (12) month period beginning on January 1 and ending on December 31. The records of the Plan will be kept based upon the Plan Year. “Privacy Rules” means the Standards of Privacy of Individually Identifiable Health Information at 45 C.F.R. part 160 and part 164 at subparts A and E. “Security Incident” means “security incident” as defined in 45 C.F.R. Section 164.304, which generally defines “security incident” to include attempted or successful unauthorized access, use, disclosure, modification, or destruction of ePHI. “Security Rules” means the Security Standards and Implementation Specifications at 45 C.F.R. Part 160 and Part 164, subpart C. “Spouse” means an individual who is legally married to a Participant (and who is treated as a spouse under the Code). 2.2 Interpretation. Whenever appropriate, words used herein in the singular shall include the plural, the plural may be read as the singular, and the masculine shall include the feminine. 5 Doc# 2657604\2 ARTICLE 3 EMPLOYER 3.1 Adoption of Plan. The Employer may adopt the Plan by resolution duly adopted or motion duly passed by its Managing Body and upon execution of this Plan document. 3.2 Recordkeeping and Reporting. An Employer shall furnish, or arrange for the furnishing, to the Claims Administrator the information with respect to each Covered Individual necessary to enable the Claims Administrator to maintain records sufficient to determine the benefits due to or which may become due and to prepare and provide any reports required by law. ARTICLE 4 PARTICIPATION IN THE PLAN 4.1 Eligibility Requirements. Each Employee shall be eligible to participate in this Plan upon becoming covered under the HD Health Plan. 4.2 Participant Status. An Employee who has met the eligibility requirements described in Section 4.1 shall be a Participant as of the Employee’s Entry Date. 4.3 Conditions of Participation. As a condition of participation and receipt of benefits under this Plan, the Participant agrees to: (a) Observe all Plan rules and regulations; (b) Consent to inquiries by the Claims Administrator and Plan Administrator with respect to any provider of services involved in a claim under this Plan; (c) Submit to the Plan Administrator all notifications, reports, bills, and other information required by the Plan or which the Claims Administrator and Plan Administrator may reasonably require; and (d) Cooperate with all reasonable requests of the Claims Administrator and Plan Administrator that may by necessary for the proper administration of the Plan. Failure to do so relieves the Plan, Plan Administrator, Claims Administrator, and Employer of any obligations under this Plan with respect to that Participant and any others claiming entitlement to benefits 6 Doc# 2657604\2 under this Plan through that Participant and shall result in the termination of the Participant’s participation in the Plan. 4.4 Termination of Contributions. A Participant shall cease to be eligible to receive contributions under this Plan at midnight of the earliest of the following dates: (a) The date of the death of the Participant; (b) The date of termination of the Participant’s employment with the Employer; (c) The date of the Participant’s failure to meet the eligibility requirements of Section 4.1, as may be amended from time to time in accordance with Article 11; or (d) The date of termination of the Plan in accordance with Article 11. Termination of contributions under this Plan shall not prevent a Participant from receiving continuation coverage required by applicable law. 4.5 Termination of Participation. A Participant automatically ceases to be a Participant at midnight of the earliest of the following dates: (a) The date of the death of the Participant; (b) The date the balance of the Participant’s HRA Account reaches zero, if no further contributions will be made to said account under Article 5; (c) The date of termination of the Participant’s employment with the Employer; (d) The date of the Participant’s failure to meet the eligibility requirements of Section 4.1, as may be amended from time to time in accordance with Article 11; or (e) The date of termination of the Plan in accordance with Article 11. Termination of participation in this Plan shall not prevent a former Participant from receiving continuation coverage required by applicable law. 4.6 Deemed Participants. For certain purposes, persons that were not Employees are deemed to be Participants as required by law. 7 Doc# 2657604\2 ARTICLE 5 BENEFITS UNDER THE PLAN 5.1 Health Reimbursement Arrangement (“HRA”) Account . The HRA Account will be credited with the Employer Contribution. A Participant’s HRA Account will be decreased from time to time in the amount of payments made to the Participant for Health Care Expenses. 5.2 Claims for Reimbursement. A Participant may elect to make claims under this Plan by completing and submitting a claim form or, if such service is provided by the Claims Administrator, to have claims under this Plan made automatically on his/her behalf as further described below. Such an election shall be made by completing a form provided by the Plan Administrator. If no such election form is submitted, the Participant must make claims via claim forms. An election regarding the filing of claims may be changed at any time by a Participant upon submitting a new election form to the Plan Administrator. Claims shall be determined in accordance with Article 5. Claims for reimbursement made by claim form shall be made by completing and submitting such form to the Claims Administrator. The Claims Administrator is entitled to rely upon the information provided on the claim form in processing claims under this Plan. A claim must be submitted for payment within twelve (12) calendar months following the close of the Plan Year in which the Health Care Expense was incurred. Where circumstances beyond the Participant’s control prevent submission within the described time frame, notice of a claim with an explanation of the circumstances may be accepted by the Claims Administrator as a timely filing. 5.3 Incurred Expenses. To be reimbursable, the Participant must have incurred a Health Care Expense after his/her Entry Date. An expense is “incurred” when the Participant is provided with the care giving rise to the Health Care Expense, not when the service is billed or paid. Reimbursement shall not be made for future projected expenses. 8 Doc# 2657604\2 5.4 Timing of Reimbursement. A Participant shall be reimbursed weekly. However, no reimbursement shall be made if a Participant’s claims do not exceed $10. If elected by a Participant, reimbursement payments will be direct deposited into an account designated by the Participant. 5.5 Maximum Reimbursement. The maximum reimbursement a Participant may receive at any time shall be the amount of the Participant’s HRA Account balance at the time the reimbursement request is processed. Except as limited by the preceding sentence, there is no maximum reimbursement amount a Participant may receive during a Plan Year. The maximum reimbursement requirements apply to the Participant, Spouse, and Dependents on an aggregate basis, not an individual basis. If a Participant’s claim is for an amount that is more than the Participant’s current HRA Account balance, the excess, unreimbursed part of the claim will be carried into the subsequent month(s), to be paid as the balance of the Participant’s HRA Account becomes adequate. Notwithstanding the foregoing, the excess, unreimbursed portion of a claim will not be carried over into the subsequent month(s) if: (a) the claim has been pending at least eighteen (18) months; or (b) no further contributions will be made to the Participant’s HRA Account under Article 5. 5.6 Termination of Eligibility. (a) Termination of Employment or Failure to Meet the Eligibility Requirements. (i) Notwithstanding anything herein to the contrary, in the event a Participant’s participation in the Plan terminates because of a termination of employment (in circumstances other than the Participant’s death) or because the Participant fails to meet the eligibility requirements of Section 4.1, and the former Participant or the former Participant’s Spouse and/or Dependents had incurred a Health Care Expense prior to the date of termination of participation that would have been reimbursable out of the Participant's HRA Account but that has not been submitted for reimbursement, the former Participant may submit such Health Care Expense for reimbursement in accordance with Section 5.2. Such claims must be submitted within thirty (30) days following the termination of the Participant’s participation (the “claims run-out period”). (ii) Notwithstanding anything herein to the contrary, the former Participant may continue to access the HRA Account following termination of employment or cessation of eligibility for purposes of obtaining reimbursement of Health Care Expenses. Such access shall continue until the earliest to occur of the events 9 Doc# 2657604\2 identified in Section 4.5(a), (b), or (e). Such access shall also be provided to those individuals, if any, who at the time of the termination of the Participant’s participation were the Participant’s Spouse or Dependents. Such access to the Participant’s HRA Account by a Spouse and Dependents shall cease upon the earlier of the date of termination of the Participant’s access or the date the Spouse ceases to be a Spouse or the Dependent ceases to be a Dependent, as the case may be. If continuation coverage is required by applicable law, the access described in this Section 5.6(a)(2) shall be provided only if offered as and selected in lieu of such continuation coverage. (b) Death. (i) Notwithstanding anything herein to the contrary, in the event a Participant’s participation in the Plan terminates because of the Participant’s death and the former Participant, or the former Participant’s Spouse and/or Dependents, had incurred a Health Care Expense prior to the Participant’s death that would have been reimbursable out of the Participant's HRA Account but that has not been submitted for reimbursement, the deceased Participant's estate may submit such Health Care Expense for reimbursement in accordance with Section 5.2. A certified copy of the deceased Participant’s death certificate and proof that the person acting upon behalf of such Participant’s estate has authority to do so must be submitted with such claims. Such claims must be submitted within 180 days following the death of the Participant (the “claims run-out period”). (ii) Notwithstanding anything herein to the contrary, the deceased Participant’s surviving Spouse, if any, may continue to access the Participant’s HRA Account for purposes of obtaining reimbursement of Health Care Expenses incurred by him/her until the earlier of: (i) the date on which the HRA Account balance reaches zero; or (ii) the date on which the surviving Spouse dies. No claim shall be paid to a surviving Spouse pursuant to this subsection (2) unless a certified copy of the deceased Participant’s death certificate has been provided to the Claims Administrator. If continuation coverage is required by applicable law, the access described in this Section 5.6(b)(2) shall be provided only if offered as and selected in lieu of such continuation coverage. (iii) Notwithstanding anything herein to the contrary, the deceased Participant’s surviving Dependents, if any, may continue to access the Participant’s HRA Account for purposes of obtaining reimbursement of Health Care Expenses incurred by them until the earlier of: (i) the date on which the HRA Account balance reaches zero; or (ii) the date the last surviving Dependent dies. No claim shall be paid to a surviving Dependent pursuant to this subsection (3) unless a certified copy of the deceased Participant’s death certificate has been provided to the Claims Administrator. If continuation coverage is required by applicable law, the access described in this Section 5.6(b)(3) shall be provided only if offered as and selected in lieu of such continuation coverage. (iv) No one other than the Participant’s Spouse and Dependants may have access to the Participant’s HRA Account following the Participant’s death. 10 Doc# 2657604\2 5.7 Nondiscrimination. This Plan is intended to be nondiscriminatory and to meet the requirements under applicable sections of the Code. If the Plan Administrator determines before or during any Plan Year, that the Plan may fail to satisfy any nondiscrimination requirement imposed by the Code or any limitation on benefits provided to Highly Compensated Individuals, the Plan Administrator shall take such action as the Plan Administrator deems appropriate, under rules uniformly applicable to similarly situated Participants, to assure compliance with such requirements or limitation, including, but not limited to changing the definition of Health Care Expense for Highly Compensated Individuals so that only health insurance premiums are reimbursable under the Plan. 5.8 HRA Account Forfeitures. Any amount remaining in a Participant’s HRA Account shall be forfeited as of the later of: (i) the expiration of the applicable claims run-out period following the termination of Participant’s participation in the Plan, (ii) the termination of any continuation coverage provided by the Plan under applicable law, or (iii) the termination of any coverage provided by the Plan in lieu of continuation coverage required by applicable law. The Plan Administrator may use such forfeited amounts to defray the reasonable administrative costs of the Plan or for any other purpose permitted by law. Under no circumstances shall the Plan Administrator establish an outside formal arrangement under which the forfeited amounts will be “currently available” (as defined by the Internal Revenue Service proposed or final regulations) to the Participant who experienced the forfeiture. 5.9 Medical Child Support Orders. Notwithstanding any provision of this Plan to the contrary this Plan shall recognize medical child support orders as required under applicable state law or under the Child Support Performance and Incentive Act of 1998. Participants involved in a divorce or child custody matter should be directed to have their legal counsel contact the Claims Administrator. 5.10 Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”). Continued coverage shall be provided only if and as required under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), as amended. To the extent not contained in Article 7, the Plan Administrator 11 Doc# 2657604\2 shall, within the parameters of the law, establish uniform policies by which to provide such continuation coverage including, but not limited to, providing alternative coverage in lieu of COBRA as provided in the regulations. There shall also be compliance with any state laws concerning continuation of health insurance coverage to the extent applicable to the Plan and not preempted by federal law. 5.11 Further Limitations on Benefits. (a) This Plan does not cover expenses incurred for any loss caused by or resulting from injury or disease for which benefits are payable under any worker's compensation law or other employer, union, association or governmental sponsored group insurance plan. (b) This Plan does not cover expenses incurred for any loss caused by or resulting from injury or disease for which benefits are received by the Participant, the Participant's Spouse or the Participant's Dependent under any health and accident insurance policy or program, whether or not premiums are paid by the Employer or by the Participant, the Participant's Spouse or the Participant's Dependent child. (c) Amounts reimbursed under a dependent care assistance program described in Section 129 of the Code shall not be reimbursed under this Plan. ARTICLE 6 CONTRIBUTIONS 6.1 Employer Contributions. The Employer shall make a fixed contribution per Participant as described in the applicable collective bargaining agreement and/or personnel policy. The amount of the Employer Contribution, and any restrictions on the contribution or use thereof, shall be established by the Employer and communicated to the Participants prior to the beginning of each Plan Year. The Employer reserves the right to change the amount of the Employer Contribution from time to time in its sole discretion. Any such change shall be communicated to the Participants. Employer Contributions shall be available for reimbursement of Health Care Expenses upon the deposit of such contributions in a Participant’s HRA Account. 12 Doc# 2657604\2 6.2 No Employee Contributions. Except for contributions required for continuation coverage as described in Article 5, no contributions other than Employer Contributions are required nor will they be accepted. ARTICLE 7 CLAIMS DETERMINATIONS AND REVIEW OF DENIED CLAIM 7.1 Claims Determination. Within thirty (30) days after a claim for benefits is filed, the claim will either have been paid or the Employer, or the Claims Administrator as the Employer’s designee, will notify the Participant that it has been denied. If the claim is denied, the Participant will be provided with the following information in writing: (a) the specific reasons for the denial; and (b) a description of any additional material or information necessary for the Participant to complete the claim, and an explanation of why such material or information is necessary. 7.2 Review of Denied Claim. There is no right to appeal denied claims. ARTICLE 8 COBRA COVERAGE 8.1 Compliance with COBRA. Continued coverage for the Plan shall be provided only if and as required under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) as amended. 8.2 COBRA Policies and Procedures. To the extent not provided herein, the Plan Administrator shall, within the parameters of the law, establish uniform policies by which to provide such continuation coverage. 8.3 Notification Procedures. The Plan requires the notifications described below with respect to continuation coverage under COBRA: (a) Notice of qualifying event. Under the law, a Covered Individual (or a representative acting on behalf of the Covered Individual) has the responsibility to inform the Plan of a 13 Doc# 2657604\2 divorce, legal separation, or a child losing dependent status under the Plan (the “qualifying event”) within sixty (60) days of the latest of: (i) the date of the qualifying event; (ii) the date coverage would be lost because of the qualifying event; or (iii) the date on which the Covered Individual was informed of the responsibility to provide notice and the procedures for doing so. The notification must be provided in writing and be mailed to the Plan. Oral notification, including notification by telephone is not acceptable. Electronic (including emailed or faxed) or hand-delivered notifications are not acceptable. The notification must be postmarked no later than the last day of the sixty (60) day notice period described above. The notification must: (i) state the name of the Plan; (ii) state the name and address of the employee or former employee who is or was covered under the Plan; (iii) state the name(s) and address(es) of all Covered Individuals who lost coverage due to the qualifying event; (iv) include a detailed description of the event; (v) identify the effective date of the event; and (vi) be accompanied by any documentation providing proof of the event (i.e., the divorce decree). If no notification is received within the required time period, no continuation coverage will be provided. If the notification is incomplete, it will be deemed timely if the Plan is able to determine the plan to which it applies, the identity of the employee and the Covered Individuals, the qualifying event, and the date on which the qualifying event occurred, provided that the missing information is provided within thirty (30) days. If the missing information is not provided within that time, the notification will be ineffective and no continuation coverage will be provided. (b) Notice of second qualifying event. A Covered Individual (or a representative acting on behalf of the Covered Individual) must notify the Plan of the death of the employee, divorce or separation from the employee, or a dependent child’s ceasing to be eligible for coverage as a dependent under the Plan, if that event occurs within the eighteen (18) month continuation period (or an extension of that period for disability or for pre- termination Medicare entitlement). The notification must be provided within sixty (60) days after such a second qualifying event occurs in order to be entitled to an extension of the continuation period. The notification must be provided in writing and be mailed to the Plan. Oral notification, including notice by telephone is not acceptable. Electronic (including emailed or faxed) or hand-delivered notifications are not acceptable. The notification must be postmarked no later than the last day of the sixty (60) day notice period described above. The notification must: (i) state the name of the Plan; 14 Doc# 2657604\2 (ii) state the name and address of the employee or former employee who is or was covered under the Plan; (iii) state the name(s) and address(es) of all Covered Individuals who lost coverage due to the initial qualifying event and who are receiving COBRA coverage at the time of the notice; (iv) identify the nature and date of the initial qualifying event that entitled the Covered Individuals to COBRA coverage; (v) include a detailed description of the event; (vi) identify the effective date of the event; and (vii) be accompanied by any documentation providing proof of the event (i.e., the divorce decree). If no notification is received within the required time period, no extension of the continuation period will be provided. If the notification is incomplete, it will be deemed timely if the Plan is able to determine the plan to which it applies, the identity of the employee and the Covered Individuals, the qualifying event, and the date on which the qualifying event occurred, provided that the missing information is provided within thirty (30) days. If the missing information is not provided within that time, the notification will be ineffective and no extension of the continuation period will be provided. (c) Notice of disability. A Covered Individual (or a representative acting on behalf of the Covered Individual) must notify the Plan when a Covered Individual has been determined to be disabled under the Social Security Act within sixty (60) days of the latest of: (i) the date of the disability determination; (ii) the date of the qualifying event; (iii) the date coverage would be lost because of the qualifying event; or (iv) the date on which the Covered Individual was informed of the responsibility to provide notice and the procedures for doing so. Notwithstanding the foregoing, notification must be provided before the end of the first eighteen (18) months of continuation coverage. The notification must be provided in writing and be mailed to the Plan. Oral notification, including notice by telephone is not acceptable. Electronic (including emailed or faxed) or hand-delivered notices are not acceptable. The notification must be postmarked no later than the last day of the sixty (60) day notice period described above. The notification must: (i) state the name of the Plan; (ii) state the name and address of the employee or former employee who is or was covered under the Plan; (iii) state the name(s) and address(es) of all Covered Individuals who lost coverage due to the initial qualifying event and who are receiving COBRA coverage at the time of the notice; (iv) identify the nature and date of the initial qualifying event that entitled the qualified beneficiaries to COBRA coverage; 15 Doc# 2657604\2 (v) state the name of the disabled Covered Individual; (vi) identify the date upon which the disabled Covered Individual became disabled; (vii) identify the date upon which the Social Security Administration made its determination of disability; and (viii) include a copy of the determination of the Social Security Administration. If no notification is received within the required time period, no extension of the continuation period will be provided. If the notification is incomplete, it will be deemed timely if the Plan is able to determine the plan to which it applies, the identity of the employee and the Covered Individuals, the qualifying event, and the date on which the qualifying event occurred, provided that the missing information is provided within thirty (30) days. If the missing information is not provided within that time, the notification will be ineffective and no extension of the continuation period will be provided. If such person has been determined under the Social Security Act to no longer be disabled, the person must notify the Plan of that determination within thirty (30) days of the later of: (i) the date of such determination; or (ii) the date on which the Covered Individual was informed of the responsibility to provide notice and the procedures for doing so. The notification must be in writing and be mailed to the Plan. Regardless of when the notification is provided, continuation coverage will terminate retroactively on the first day of the month that begins thirty (30) days after the date of the determination, or the end of the initial coverage period, if later. If the notification is not provided within the required time, the Plan reserve the right to seek reimbursement of any benefits provided by the Plan between the date coverage terminates and the date the notification is provided. (d) Notice of Coverage Under Another Group Health Plan or Medicare. A Covered Individual must notify the Plan immediately if any Covered Individuals receiving continuation coverage actually become covered by another group health plan or Medicare. Regardless of when such notification is provided, coverage will terminate retroactively to the date of the coverage under the other group health plan or Medicare. If, for whatever reason, a Covered Individual on continuation coverage receives any benefits under the Plan after coverage is to cease under the foregoing rule, the Plan reserve the right to seek reimbursement from such Covered Individual. 8.4 Certificate of Creditable Coverage. The Participant and the Participant’s spouse and Dependents, if any, shall be issued certificates of creditable coverage at the time such individuals lose coverage under the Plan (whether or not the individual would be entitled to elect continuation coverage), which identifies the duration of creditable coverage under the Plan prior to the loss of coverage and contains such other information as may be required under HIPAA. If any of such individuals elect 16 Doc# 2657604\2 COBRA continuation coverage, a certificate of creditable coverage shall be issued upon the expiration or termination of such coverage. ARTICLE 9 HIPAA PRIVACY AND SECURITY PROVISIONS 9.1 The Privacy Rules under HIPAA apply to this Plan. As of April 20, 2006, the Security Rules under HIPAA apply to the Plan. 9.2 Use and Disclosure of PHI. The Plan will use PHI to the extent of and in accordance with the uses and disclosures permitted by HIPAA. Specifically, the Plan will use and disclose PHI for purposes related to health care treatment, payment for health care and health care operations. The Plan will also use and disclose PHI as permitted by authorization of the subject of PHI. (a) Payment includes activities undertaken by the Plan to obtain premiums or determine or fulfill its responsibility for coverage and provision of Plan benefits that relate to an individual to whom health care is provided. These activities include, but are not limited to, the following: (i) Determination of eligibility, coverage and cost sharing amounts (for example, cost of a benefit, plan maximums and co-payments as determined for an individual’s claim); (ii) Coordination of benefits; (iii) Adjudication of health benefits claims (including appeals and other payment disputes); (iv) Subrogation of health benefit claims; (v) Establishing employee contributions; (vi) Risk adjusting amounts due based on enrollee health status and demographic characteristics; (vii) Billing, collection activities and related health care data processing; (viii) Claims management and related health care data processing, including auditing payments, investigating and resolving payment disputes and responding to participant inquiries about payments; (ix) Obtaining payment under a contract for reinsurance (including stop-loss and excess of loss insurance); 17 Doc# 2657604\2 (x) Medical necessity reviews or reviews of appropriateness of care or justification of charges; (xi) Utilization review, including pre-certification, preauthorization, concurrent review and retrospective review; (xii) Disclosure to consumer reporting agencies related to the collection of premiums or reimbursement (the following PHI may be disclosed for payment purposes: name and address, date of birth, Social Security number, payment history, account number and name and address of provider and/or health Plan; and (xiii) Reimbursement to the Plan. (b) Health care operations include, but are not limited to, the following activities: (i) Quality assessment; (ii) Population-based activities relating to improving health or reduction health care costs, protocol development, case management and care coordination, disease management, contacting health care providers and patients with information about treatment alternatives and related functions; (iii) Rating provider and Plan performance, including accreditation, certification, licensing or credentialing activities; (iv) Underwriting, premium rating and other activities relating to the creation , renewal or replacement of a contract of health insurance or health benefits, and ceding, securing or placing a contract for reinsurance of risk relating to health care claims (including stop-loss insurance and excess of loss insurance); (v) Conducting or arranging for medical review, legal services and auditing function, including fraud and abuse detection and compliance programs; (vi) Business planning and development, such as conducting cost-management and planning-related analyses related to managing and operating the Plan, including formulary development and administration, development or improvement of payment methods or coverage policies; (vii) Business management and general administration activities of the Plan, including, but not limited to: (A) Management activities relating to the implementation of and compliance with HIPAA’s administrative simplification requirements; (B) Customer service, including data analyses for policyholders; (viii) Resolution of internal grievances; and 18 Doc# 2657604\2 (ix) Due diligence in connection with the sale or transfer of assets to a potential successor in interest, if the potential successor in interest is a covered entity under HIPAA or following completion of the sale or transfer, will become a covered entity. 9.3 Employer’s Obligations under the Privacy Rules. Under HIPAA, the Plan may not disclose PHI to the Employer unless the Employer agrees to certain conditions. The Employer agrees to the following conditions, thereby allowing the Plan to disclose PHI to the Employer. The Employer will: (a) Not use or further disclose PHI other than as permitted or required by the Plan document or as required by law; (b) Ensure that any agents, including a subcontractor, to whom the Plan provides PHI received from the Plan agree to the same restrictions and conditions that apply to the Employer with respect to such PHI; (c) Not use or disclose PHI for employment related actions and decision unless authorized by an individual; (d) Not use or disclose PHI in connection with any other benefit or employee benefit plan of the Employer unless authorized by an individual; (e) Report to the Plan any PHI use or disclosure, that is inconsistent with the uses or disclosures provided for, of which it becomes aware; (f) Make available to an individual for inspection and copying PHI about the individual as allowed by and in accordance with HIPAA; (g) Make PHI available for amendment and incorporate any amendments to PHI in accordance with HIPAA; (h) Make available the information required to provide an accounting of disclosures; (i) Make internal practices, books and records relating to the use and disclosure of PHI received from Plan available to the HHS Secretary for the purposes of determining the Plan’s compliance with HIPAA; and (j) If feasible, return or destroy all PHI received for the Plan that the Employer still maintains in any form, and retain no copies of such PHI when no longer needed for the purpose for which disclosure was made (or if return or destruction is not feasible, limit further uses and disclosures to those purposes that make the return or destruction infeasible). 9.4 Employer’s Obligations under the Security Rules. If the Employer creates, receives, maintains, or transmits ePHI, the Employer will: 19 Doc# 2657604\2 (a) Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of ePHI; (b) Ensure that any agents, including subcontractors, to whom the Employer provides ePHI or to whom ePHI is provided on behalf of Employer implement reasonable and appropriate security measures to protect the ePHI; (c) Report to the Plan any Security Incident of which it becomes aware; and (d) Implement reasonable and appropriate security measures to ensure that only those persons identified in Section 9.5 have access to ePHI and that such access is limited to the purposes identified in Section 9.6. 9.5 Adequate Separation Between the Plan and the Employer . In accordance with HIPAA, only the following employees or classes of employees may be given access to PHI and ePHI: (a) The benefit manager; and (b) Staff designated by the benefits manager. The Employer shall identify, by name, these persons in writing to the Claims Administrator. 9.6 Limitation of PHI and ePHI Access and Disclosure. The persons described in Section 9.5 above may only have access to and use and disclose PHI for Plan administration functions that the Employer performs for the Plan. 9.7 Noncompliance Issues. If the person described in Section 9.5 above does not comply with this Plan document, the Employer shall provide a mechanism for resolving issues of noncompliance including, but not limited to, disciplinary action against such person. ARTICLE 10 PLAN ADMINISTRATION 10.1 Plan Administrator. (a) The Plan Administrator shall be responsible for the general supervision of the Plan and therefore shall have authority to control and manage the operation and administration of the Plan. The Plan Administrator shall perform any and all acts necessary or appropriate for the proper management and administration of the Plan. 20 Doc# 2657604\2 (b) The Employer shall be the Plan Administrator unless its Managing Body designates a person or persons other than the Employer to be the Plan Administrator. The Employer shall also be the Plan Administrator if the person or persons so designated cease to be the Plan Administrator. (c) The Plan Administrator may designate an individual or entity to act on its behalf with respect to certain powers, duties, and/or responsibilities regarding the operation and administration of this Plan. 10.2 Agent for Service of Legal Process. The agent for service of legal process for the Plan is the Plan Administrator. 10.3 Allocation of Responsibility for Administration. The Plan Administrator shall have the sole responsibility for the administration of this Plan as is specifically described in this Plan. The designated representatives of the Plan Administrator shall have only those specific powers, duties, responsibilities, and obligations as are specifically given to them under this Plan. The Plan Administrator warrants that any directions given, information furnished, or action taken by it shall be in accordance with the provisions of the Plan authorizing or providing for such direction, information or action. It is intended under this Plan that the Plan Administrator shall be responsible for the proper exercise of its own powers, duties, responsibilities, and obligations under this Plan and shall not be responsible for any act or failure to act of another Employee of the Employer. Neither the Plan Administrator (including any designee), nor the Employer makes any guarantee to any Participant in any manner for any loss or other event because of the Participant's participation in this Plan. 10.4 Rules and Decisions. Except as otherwise specifically provided in the Plan, the Plan Administrator may adopt such rules and procedures as it deems necessary, desirable, or appropriate. All rules and decisions of the Plan Administrator shall be uniformly and consistently applied to all Participants in similar circumstances. When making a determination or calculation, the Plan Administrator shall be entitled to rely upon information furnished by a Participant, the Employer, or legal counsel, or other entity acting on behalf of the Employer or Plan Administrator. 21 Doc# 2657604\2 10.5 Records and Reports. The Plan Administrator shall be responsible for complying with all reporting, filing and disclosure requirements for the Plan. 10.6 Authorization of Benefit Payments. The Plan Administrator (or the Claims Administrator as its designee) shall issue directions to the Employer concerning all benefits which are to be paid, pursuant to the provisions of the Plan, and warrants that all such directions are in accordance with the Plan. 10.7 Other Powers and Duties of the Administrator. The Plan Administrator shall also have such other duties and powers as may be necessary to discharge its duties under the Plan including but not limited to the following: (a) Discretion to construe and interpret the Plan in a non-discriminatory manner, to decide all questions of eligibility and to determine all questions arising in the administration and application of the Plan; (b) To receive from the Employer and from Participants such information as shall be necessary for the proper administration of the Plan; (c) To furnish the Employer, upon request, such annual reports with respect to the administration of the Plan as are reasonable and appropriate; and (d) To appoint individuals to assist in the administration of the Plan and any other agents the Plan Administrator deems advisable including legal and actuarial counsel. The Plan Administrator shall not have the power to add to, subtract from, or modify any of the terms of the Plan, to change or add to any benefits provided by the Plan, or to waive or fail to apply any requirements of eligibility for a benefit under this Plan. ARTICLE 11 PLAN AMENDEMENT AND TERMINATION 11.1 Plan Amendment by Employer . The Employer reserves the right to amend, alter, or wholly revise this Plan document, prospectively or retrospectively, at any time by the action of its Managing Body, and the interest of each Participant is subject to the powers so reserved. The Employer expressly may amend, alter or wholly revise this Plan document if it determines it necessary or desirable, with or without retroactive effect, to comply with the law. Such changes shall not affect any right to benefits that 22 Doc# 2657604\2 accrued prior to such amendments. Such amendment shall be made in writing and shall be delivered promptly to the Claims Administrator and Plan Administrator. 11.2 Employer’s Right to Terminate Plan. Although the Employer expects the Plan to be maintained for an indefinite time, the Employer reserves the right to terminate the Plan or any portion thereof at any time. In the event of the dissolution, merger, consolidation, or reorganization of the Employer, the Plan shall terminate unless the Plan is continued by a successor to the Employer in accordance with the resolution of such successor’s Managing Body. Such termination shall not affect any right to benefits that accrued prior to such termination. Such action shall be made in writing and shall be delivered promptly to the Claims Administrator and Plan Administrator at least ninety (90) days prior to the effective date of termination. ARTICLE 12 GENERAL PROVISIONS 12.1 No Reversion to the Plan Administrator or Employer . No part of the corpus shall revert to the Employer or be used for or diverted to, purposes other than the exclusive benefit of participants and other persons entitled to benefits under the Plan. 12.2 Non-Alienation of Benefits. Benefits payable under this Plan shall not be subject to anticipation, alienation, sale, transfer, execution, or levy of any kind either voluntary or involuntary, including any such liability which is for alimony or other payments for the support of a spouse or former spouse, or for any other relative of the Participant, prior to actually being received by the person entitled to the benefit under the terms of the Plan, and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge or otherwise dispose of any right to benefits payable under the Plan shall be void. The Employer, Plan Administrator and/or Claims Administrator shall not in any manner be made liable for, or subject to, the debts, contracts, liabilities, engagements or torts of any person entitled to benefits under the Plan. 23 Doc# 2657604\2 12.3 Action by Employer . Whenever the Employer, under the terms of this Plan, is permitted or required to do or perform any act or matter or thing, it shall be done and performed by the Managing Body of the Employer or such representatives of the Employer as the Managing Body may designate. 12.4 No Guarantee of Tax Consequences . Notwithstanding any provision in this Plan to the contrary, this Plan makes no commitment or guarantee that any amounts paid to or on behalf of a Participant under this Plan will be excludable from the Participant's gross income for federal or state income tax purposes. It shall be the obligation of each Participant to determine whether each payment is excludable from the Participant's gross income for federal and state income tax purposes, and to notify the Plan Administrator if the Participant has reason to believe that any such payment is not so excludable. 12.5 Compensation and Expenses. The Claims Administrator shall be entitled to reasonable fees for its services hereunder, which shall be described in an Administrative Services Agreement between the Claims Administrator and the Plan Administrator. Such fees and any expenses incurred by the Claims Administrator in connection with the Plan (including expenses and fees of persons hired or employed by them) shall be paid from the general assets of the Employer, with the Employer being the sole source of such payment. 12.6 Governing Law. This Plan shall be construed and enforced according to the laws of the State of Minnesota, except to the extent preempted by federal law. 12.7 Family and Medical Leave Act of 1993 (“FMLA”). Notwithstanding any provision of this Plan to the contrary, this Plan shall be operated and maintained in a manner consistent with FMLA, to the extent the Employer is subject to such law. 12.8 Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”). Notwithstanding any provision of this Plan to the contrary, this Plan shall be operated and maintained in a manner consistent with USERRA. 24 Doc# 2657604\2 12.9 Plan Not a Contract of Employment. The Plan is not an employment agreement and does not assure the continued employment of any Employee or Participant for any period of time. Nothing contained in the Plan shall interfere with the Employer's right to discharge an Employee or Participant at any time; regardless of the effect such discharge may have upon the individual as a Participant in this Plan. 12.10 Medicare Secondary Payer . The Plan shall comply with the Medicare secondary payer rules found in 42 U.S.C. § 1395y. The Plan shall pay benefits primary to Medicare if: (a) the Participant is employed by the Employer and is actually covered by Medicare by reason of obtaining the age of 65; (b) at the time the claim is made the Employer employs 100 or more employees, the Participant is employed by the Employer, and the Participant is actually covered by Medicare by reason of disability; and (c) the Participant is entitled to Medicare by reason of end stage renal disease and the claim is made during the twelve (12) month period beginning in the first month in which such Participant is entitled to benefits under Medicare (regardless of whether he/she applies for such benefits). In all other cases, the Plan shall pay benefits secondary to Medicare. 12.11 Medicare Part D. The Plan shall cooperate with Medicare Part D prescription drug plans (and Covered Individuals who are enrolled in such plans) with respect to coordination of benefits between the Plan and the Medicare Part D plan, including the provision of information to the Medicare Part D plan (or the Covered Individuals) regarding the benefits provided under the Plan for costs covered by the Medicare Part D plan. Covered Individuals enrolled in Medicare Part D plans shall cooperate with the Plan so that the Plan may perform its obligations under this subsection. Doc# 2657604\2 IN WITNESS WHEREOF, City of Corcoran has caused its officer, who has been duly authorized, to execute this Plan as restated as of the day and date first above written. CITY OF CORCORAN By: Its: Date: City of Corcoran March 24, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-15 Page 1 of 2 Motion By: Seconded By: A RESOLUTION AWARDING ASPHALT MAINTENANCE CONTRACTS WHEREAS, pursuant to bids and quotes sought for 2016 street maintenance materials for various streets within the City, bids and quotes were received, opened, and tabulated according to law; and WHEREAS, the following bids were received for Asphalt Maintenance Pick Up at Plant Commercial Asphalt Co. $44.45 GMH Asphalt Corp $46.00 Omann Brothers Inc $46.00 BE IT RESOLVED, that Commercial Asphalt Co. has been identified as the lowest responsible bidder for product picked up at the plant; in the event Commercial Asphalt Co. is unable to provide plant pick up on the dates required by Corcoran Public Works, the next lowest bidder will be used. Delivered to Site of Road Work Commercial Asphalt Co. No Quote GMH Asphalt Corp $8.50 Omann Brothers Inc No Quote BE IT RESOLVED that GMH Asphalt has been identified as the lowest responsible quote for product delivered to site. Placed on City Streets Commercial Asphalt Co. No Bid GMH Asphalt Corp $56.12 Omann Brothers Inc $53.50 BE IT RESOLVED, that Omann Brothers Paving has been identified as the lowest responsible bidder for product placed on city streets; in the event Omann Brothers Paving is unable to provide placement on city streets on the dates required by Corcoran Public Works, the next lowest bidder will be used. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CORCORAN, MN: That the Mayor and Clerk are hereby authorized and directed to enter into contracts with above identified responsible bidders in the name of the City of Corcoran for the 2016 street maintenance materials. 6e. City of Corcoran March 24, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-15 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 24th day of March, 2016. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise– City Clerk/Administrative Services Coordinator City of Corcoran March 24, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-16 Page 1 of 2 Motion By: Seconded By: A RESOLUTION AWARDING CALCIUM CHLORIDE CONTRACT WHEREAS, pursuant to bids and quote sought for 2016/2017 Calcium Chloride street maintenance materials for various streets within the City, bids and quotes were received, opened, and tabulated according to law; and WHEREAS, the following bids was received: Company Calcium Chloride Bid Magnesium Chloride Bid Durablend NSI (Northern Salt Incorporated) For 2016 & 2017 $ 0.939 No Bid No Bid Envirotech For 2016 $ 1.0190 $ 0.8900 $ 1.3000 For 2017 $ 1.0598 $ 0.9256 $ 1.3520 Quality Propane Inc. For 2016 No Bid $ 0.86 No Bid For 2017 No Bid $ 0.89 No Bid WHEREAS, less product is required for street maintenance, it is recommended that Calcium Chloride be the preferred street maintenance material for 2016/2017; BE IT RESOLVED, that NSI (Northern Salt Incorpated) has been identified as the lowest responsible bidder; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CORCORAN, MN: 1. That the Mayor and Clerk are hereby authorized and directed to enter into contract with above identified responsible bidder in the name of the City of Corcoran for the 2016/2017 street maintenance materials. City of Corcoran March 24, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-16 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 24th day of March, 2016. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise– City Clerk/Administrative Services Coordinator City of Corcoran March 24, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-17 Page 1 of 1 Motion By: Seconded By: A RESOLUTION AWARDING SEAL COATING CONTRACT WHEREAS, pursuant to quotes and bids sought for 2016 Seal Coating street maintenance materials for various streets within the City, bids and quotes were received, opened, and tabulated according to law; and WHEREAS, the following quotes were received: CONTRACTOR TRAP ROCK (per ton) GRANITE (per ton) BITUMINOUS (per gallon) PAVEMENT MARKERS (each) Allied Blacktop $50.50 No Bid $3.75 $1.00 Pearson Bros $59.00 $59.00 $3.19 $1.00 BE IT RESOLVED, that Pearson Bros. Inc. has been identified as the lowest responsible bidder; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CORCORAN, MN: That the Mayor and Clerk are hereby authorized and directed to enter into contract with above identified responsible bidder in the name of the City of Corcoran for the 2016 street maintenance materials. 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 24th day of March 2016. ___________________________________ Ken Guenthner - Mayor ATTEST: ____________________________________ Jessica Beise – City Clerk/Administrative Services Coordinator City Seal 6g. City of Corcoran March 24, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-18 Page 1 of 1 Motion By: Seconded By: A RESOLUTION AWARDING 2016 GRAVEL HAULING CONTRACTS WHEREAS, pursuant to quotes sought for 2016 street maintenance materials HAULING for various streets within the City, quotes were received; and Gravel Hauling Equipment Transport Sand & Gravel Inc $3.80 per ton T & S Trucking of Buffalo No quote BE IT RESOLVED, that Equipment Transport Sand & Gravel Inc. has been identified as the lowest responsible quoting party; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CORCORAN, MN: That the Mayor and Clerk are hereby authorized and directed to enter into contract with above identified responsible quoting party in the name of the City of Corcoran for the 2016 street maintenance materials hauling. 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 24th day of March 2016. ___________________________________ Ken Guenthner - Mayor ATTEST: ____________________________________ Jessica Beise – City Clerk/Administrative Services Coordinator City Seal 6h. CITY OF CORCORAN 03/23/169:29 AM Page 1 *Check Detail Register© March 2016 Check Amt Invoice Comment 10100 Farmers State Bank Paid Chk# 024088 3/24/2016 COMPASS MINERALS E100-43125-210 Operating Supplies (GENERAL) $1,731.61 71465544 SUPPLIES E100-43125-210 Operating Supplies (GENERAL) $22,927.12 71465545 SUPPLIES E 100 - 43125 -210 Operating Supplies (GENERAL) ($3,204.39) CM71428540 WET SALT DEDUCTION Total COMPASS MINERALS $21,454.34 10100 Farmers State Bank $21,454.34 Fund Summary 10100 Farmers State Bank 100 GENERAL FUND $21,454.34 0I 0/&-03 "-�q $21,454.34 Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC. 1 MEMORANDUM 105 South Fifth Street, Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 Fax: 612-252-9077 www.landform.net DATE March 16, 2016 TO Brad Martens CC City Council, Planning Commission, Parks & Trails Commission FROM Kendra Lindahl, City Planner RE Active Corcoran Planning Applications The following is a summary of project status for current, active projects: 1.Design Guidelines Update for Southeast District/Downtown (city file 15-021). The City received funding from Hennepin County for this project. The Project Management Team (PMT) includes the city administrator, city planner and Hennepin County staff. The final community open house was held on March 14th. The item is tentatively scheduled for Parks and Trails Commission review on April 19th, public hearing at the Planning Commission on May 5th and City Council adoption on May 28th. 2.Park Place Storage request for Rezoning, Variance, Conditional Use Permit, Site Plan and Preliminary Plat (City file 16-002). The City Council reviewed a sketch plan last year for expansion of the existing mini-storage facility. The applicant has submitted the application, but is working to provide additional information for completeness. 3.Private Drive Ordinance Amendment (City file 16-003). The City Council approved an ordinance amendment allowing private drives in the Rural Residential district, subject to certain conditions. However, after adoption the City Council directed staff to revisit this issue and consider an ordinance amendment to eliminate that requirement that private drives off paved roads must be paved. Staff has tentatively scheduled this item for a public hearing at the Planning Commission in May. 4.Ravinia 4th Addition Final Plat, PUD Final Plan and Vacation (City file 16-004). Lennar has submitted an application for 44 single family homes. This area was originally planned for detached townhomes on 60-foot wide lots. The applicant is proposing to modify the plan to provide the new Discovery series single family homes on 55-foot lots. The applicant is working to make the application complete, but we expect this item to be scheduled for Planning Commission review on April 7th and City Council action on April 28th. 5.City-Initiated Park Dedication Ordinance Update (City File 14-007 and 16-006). Staff was directed to bring back other potential amendments for consideration in 2015, including revisions to clarify whether or not existing homes are subject to park dedication when part of a plat, how to ensure that land dedication in the rural areas is fairly required and a review of our park dedication requirements. The Council authorized this as a priority for 2016. Staff is preparing a work plan proposal for consideration at the March 24th Council meeting and would bring a draft plan back to the April City Council meeting. The item would then be scheduled for Parks and Trails Commission review in May, a Public Hearing at the Planning Commission and City Council adoption in June. 6.Zoning Ordinance Amendment to allow Solar Gardens (city file 16-008). Staff received a written request and escrow from Potentia Solar, Inc. to consider an amendment to allow solar gardens in the City of Corcoran. They have specifically requested that they be allowed in the UR zoning district, but staff will be reviewing and making a recommendation to the City Council for direction. We expect an initial draft to be presented at the March 24th Council meeting. The item could then be scheduled for Agenda Item 8a. MEMORANDUM 2 Parks and Trails Commission review on April 19th, Public Hearing at the Planning Commission on May 5th and City Council adoption on May 28th. 7. Beacon Academy Conditional Use Permit, Site Plan and Preliminary Plat (City file 16-009). The application has been received, but the applicant has requested that the project be placed on hold while they work through some issues. Also, there are a number of projects that have been approved, but are still not filed and closed out: 1. Corcoran Business Park (City file 06-005). The City Council granted a one year extension to the final plat approval, which expired on April 12, 2011. Staff has spoken to the applicant and is still working to close out this project. Staff has spoken to the applicant and will schedule a meeting when more information is available on the Loretto sewer project. 2. Hope Ministries Conditional Use Permit for Cemetery and Vacation of Drainage & Utility Easement at 19951 Oswald Farm Road (City file 12-002). Hope Ministries submitted a request for a conditional use permit to allow a cemetery west of the existing church. The application was approved by the City Council on March 22nd and site work had begun. The letter of credit for site improvements has been released but we are holding the escrow pending completion of the approved landscaping. The applicant has indicated that they are considering a site plan amendment application to modify the approved plans. Staff met again with Pastor Brian Lother in December to try to finalize this issue and address some other questions or concerns from him. We hope to be able to wrap this up in the near future. 3. Lano Equipment at 23580 Highway 55 Site Plan Modifications for Cold Storage Building. (31- 119-23-34-0007) (13-006). This item was approved by the City Council on July 11th. All required improvements have been made. Staff has reduced the letter of credit and is keeping a very small letter of credit in place to ensure the landscaping survives one year as required by the City Code. 4. Ess Brothers Site Plan Amendment and Conditional Use Permit Amendment for an accessory building at 9350 County Road (PID # 07-119-23-43-0004) (City File No. 13-031) The applicant requested approval of a 5,500 square feet detached, accessory building with 20-foot sidewalls. The City Council approved this item on January 23rd. The applicant must comply with all conditions of approval (which require landscaping improvements) and then staff will inspect before refunding any remaining escrow. The landowner recently contacted staff and is working to address the outstanding landscape requirements. 5. Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning for on Schendel property at 20400 County Road 10 (City file 14-027). The City Council approved the request on December 11, 2014 and granted the applicant 2 years to apply for the final plat and final PUD development plan. Peachtree Partners did not buy the property, but a different developer could still proceed with the approved plan. The next step would be for a developer to submit a final PUD plan and plat prior to expiration of the approvals on December 11, 2016. 6. Corcoran Public Works Site Plan Amendment and Variance (city file 15-006). The site plan amendment and variance are to grant after-the-fact approvals for changes to the approved site plan that were made in the field and generally authorized by the subcommittee. The gravel drive and storage area that was added on the south area of the fenced yard requires a variance. The item was reviewed at a public hearing at the April 2nd Planning Commission meeting and Council approved the request at the April 23rd meeting. Final landscaping and close out issues will occur this fall. 7. Commercial Door Addition at 7670 Commerce Street (City file 15-010) The City received an application for approval of a building addition, which required a conditional use permit, interim use permit, variance and site plan approval. The project was reviewed at a public hearing at the June 4th Planning Commission meeting and was approved by the City Council on June 25th. A building permit was issued in August and the construction is nearing completion. 8. Site Plan and Conditional Use Permit for a new Verizon Monopole at 23605 Co Rd 50 (PID30- 119-23-21-0001) (City File 15-016). Verizon has requested a conditional use permit and site plan for a new telecommunications tower on the Gleason property located at the southwest corner of County MEMORANDUM 3 Roads 19 & 50. The public hearing was held at the Planning Commission on July 7th and they voted unanimously to recommend approval. The City Council approved this item on July 23rd. The applicant is working to address the conditions of approval and then will apply for a building permit. 9. “Fehn Meadows” Preliminary Plat and Final Plat at 20909 County Road Number 117 (PID # 03- 119-23-12-0002 and PID 03-119-23-13-0001) (city file no. 15-018). The applicant is requesting approval of a plat to readjust the lot lines between two parcels to create one lot and one outlot. The Planning Commission held a public hearing on September 3rd and voted unanimously to recommend approval. The City Council approved the preliminary plat and final plat on October 8th. The next step is for the applicant to address any conditions of approval, submit the mylars for City signature and record the documents at the County. 10. Beacon Academy Sketch Plan (PID 25-119-23-13-0003) (City file 15-025). Beacon Academy has submitted a sketch plan on a new 78,000 sq. ft. K-8 charter school for 700-750 students on approximately 15.5 acres of this 44 acre site. The City Council has been working on a terms sheet with the applicant. The applicant is now working on finalizing budget and then intends to move forward with a formal application later this month. 8. “Strehler Estates” Final Plat (PID 17-119-23-32-0004) (city file no. 16-001). The applicant submitted a request for approval of a preliminary plat to create 4 lots and an ordinance amendment to allow a private drive for property at 22900 Strehler Road. The City Council approved both items on October 8th. The final plat was approved by the City Council at the January 28th meeting. The applicant is working to address the conditions of approval and then will record the final plat at Hennepin County. 9. Whitetail Glen Sketch Plan for property located at 6635 CR 101 (PID 36-119-23-14-001) (City file 16-005). Homestead Partners has submitted a sketch plan for 23 villa homes on 5.99 acres. This item was reviewed by the City Council at the February 25th meeting. 10. City Codification Project (City file 16-007). This is an administrative process to update the City Code to reflect all of the 2015 ordinance amendments. The updates will be completed and the new code will be posted to the City website. The project has been completed. STAFF REPORT / Code Compliance Agenda Item: 8 b. Council Meeting: March 24, 2016 Prepared By: Mike Pritchard Topic: CODE COMPLIANCE REPORT – February 2016 Action Required: Information Only Code Enforcement Issues: Complaint 16-003 (12/17/2015): Exterior Storage, Junk/Debris at 20XXX Co Rd 10 and on City Property. The City has requested a plan of action from the property owner to remove all items from City Property and bring their property into compliance. Complaint 15-010 (11/13/2014): Exterior Storage, Junk/Debris at 8XXX Garrison Lane. The City has been working with the property owner for some time to resolve exterior storage and junk issues but progress ceased and multiple deadlines were missed, including a request for a plan of action. The matter has been referred to the City Attorney for review. The City will revisit the site in spring to check for progress. Complaints Concerns Total Nuisiance Junk/Junk Vehicles Grass & Weed Control Animal Violations Home Occupations Signs Referred to Public Works, Metro West, or City Engineer Misc. Compaints Concerns Cases Referred to City Attorney Building Permits - Zoning review Building Permits Grading or Driveway Permits Misc. Permits Overweight /Ag Vehicle Permits 0 0 0 0 0 0 0 0 0 6 19 0 1 0 Complaints and Concerns Permits and Zoning STAFF REPORT Agenda Item 8c. Council Meeting: March 24th, 2016 Prepared By: Lieutenant Ryan Burns Topic: Police Range Report Action Required: Information Summary: Background / History: 1990 - Corcoran Police began shooting at the current City Hall campus after the property was purchased. 1994 – The range was built on City property as part of the construction process of City Hall. This range was a large dirt berm for a back stop. It is used by Firearms Safety and the Police Department. 2001- The dirt berm was improved by increasing the height, width and adding side walls. During this time there is periodic maintenance to the range by Corcoran Public works, Firearms Safety and Boy Scout programs. 2011 - Corcoran Police teamed up with Range Systems of New Hope to build a ballistic grade bullet trap. Future- Expand the bullet trap to enhance safety. Bullet trap footings were poured to allow adding one more lane to allow up to three shooters. Future range safety enhancements include adding a deflection roof. This will help stop stray bullets and reduce noise when shooting. Location: Both ranges are located on the Corcoran City Hall property on the north end. Access to the ranges is the first driveway North of City Hall at 8300 County Road 116. Partnerships / Use: Corcoran Firearms Safety still uses the dirt berm range once a year for the field day. The range is also open on a limited basis per state statue to other Minnesota firearms safety classes. Corcoran Police averages around 125 hours a year using the bullet trap. The dirt back stop is used for one six-hour day for firearms safety. Corcoran Police does partner with other Law enforcement agencies and allow them to use the bullet trap range. Past and current range users include Medina PD, Rogers PD, Dayton PD, Maple Grove PD, Plymouth PD ERU and Hennepin County Sheriffs. In exchange for their range time, Corcoran benefits from receiving free training time at Maple Grove’s indoor facility. This is a state of the art range and classroom which would cost CPD approx. $600 a day to rent. We also exchange range time with Hennepin County Sheriff, Medina, Plymouth, Dayton, and Rogers PD’s for training classes or other instructors for training. Typically, the range is open for use from 8 A.M. to 8 P.M. Four days a year in the fall, the range is open until 10 P.M. for the Maple Grove PD outdoor department shoot. This allows Maple Grove to get seventy shooters through the range while they are working on shift. Financial/Budget: The bullet trap was donated by Range Systems to the City of Corcoran, a $60,000 donation. Site improvements and the building were funded with donations from Firearms Safety ($2,500), resident Armand Brachman ($10,000), a Corcoran Police Reserve Donation ($2,000) and $2,500 in Corcoran CIP funds. Ess and Sons donated $2000 worth of targets. The turf in the shooting area was donated by the City of Plymouth activity dome ($5,000). The City has saved $30,000 to $40,000 since 1994 by having a range on site. Without the range on site and the ability to trade range time with other departments there would need to be an additional $3000-$4000 a year added to the training budget for renting range time and training. Ongoing maintenance is minor. Repairs to the bullet trap are covered by the manufacturer. Public works mows and maintains the area. Future upgrade expenses should be financed through CIP and seeking donations. 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. 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. Options: N/A Recommendation: N/A Council Action: N/A Attachments: 1) Bullet trap and dirt pile range overview. Dirt Pile Range Bullet Trap Range STAFF REPORT Agenda Item 8d. Council Meeting: March 24, 2016 Prepared By: Matt Gottschalk Topic: Burn Permits Action Required: Approval or Staff Direction Summary: Members of the Corcoran City Council and Administrator Martens received an email from City resident Dan Carlson on January 10, 2016. The correspondence lists several concerns with City burn permits. The intent of this report is to address the concerns for the Council and provide guidance if change is desired. The practice of issuing burn permits in Corcoran predates current staff. A burn permit is not required for recreational fires provided that they meet the specified criteria. Many cities only allow recreational fires. Corcoran formally adopted garbage burning regulations in 1981. The City’s formal adoption of the burn permit and regulations occurred in 1988. In 1994 the City also adopted state regulations for open burning. The City of Corcoran allows open burning beyond that of a recreational fire for the elimination of certain health hazards, ground thawing for utility repair and construction, disposal of vegetative matter for managing land, disposal of diseased trees generated on site, and disposal of unpainted and untreated lumber if alternative disposal methods are not practical. Most language in the ordinance is adopted from state statute. In 2014 the City issued 152 10-day burn permits and 19 120-day permits. In 2015 the City issued 172 10-day burn permits and 27 120-day permits. Currently, a 10-day permit costs $10 and a 120-day permit costs $50. The City has had and continues to experience problems with illegal burning. Some examples include businesses burning large amounts of shipping pallets (which led to the prohibition of burning in commercial or industrial zones) and private landscaping and tree trimming businesses in Corcoran hauling in large amounts of trees to dispose of them through burning. We also experience large burns that have occurred without any supervision or proper safety precautions and notifications. The issuance of burn permits allows the City to identify and address these problems when they arise. It also provides public safety with important information as to when and where large burns will be taking place. When a burn permit is issued the information is disseminated to the police officers through the records management system and a notification is sent to the Fire Chief in the corresponding fire district. The City has recently begun to streamline the process and is implementing a paperless solution. The first concern raised by Mr. Carlson is that the permit requires DNR notification and that the particular DNR function has not been active since 2013. Our permit does not require any DNR notification. The permit indicates that the user will activate the permit Staff Report—March 24, 2016 Council Meeting Prepared by Director Gottschalk Page 2 prior to use. This is done by contacting the issuing authority (the City). The City Code references making application on a form prescribed by the DNR but indicates that the application shall be presented to the Fire Chief, Police Chief, Fire Marshal, Police Officer, Fire Warden, or Assistant Fire Marshals for review and processing. The City Code addresses fire training permits being issued by the DNR and indicates that any open burning will be subject to regulation by a DNR burning ban or a DNR forest officer (in addition to others). The other concerns raised by Mr. Carlson relate to the cost and duration of the permits. The costs associated with the permits are not intended to generate revenue for the City; they are simply in place to help cover some of the costs associated with the permits. The City spends administrative time issuing the permits, notifying staff, coordinating with the fire districts, and doing site checks when necessary. The City currently extends the duration of every permit issued by the length of any ban that goes into effect during a permit’s effective dates. The largest operational variation between a 10-day and 120- day permit is that a 120-day permit will inevitably have more activations and calls for service than a 10-day permit. The Police Department does not visit each site each time but the information is readily available when the user calls to activate the permit or a neighbor or passerby calls in the fire. The current fee structure does not provide the City with any realized revenue. With the upcoming addition of credit card processing the City will receive even less of the $10 or $50 fee. Staff has examined the concerns brought forward by Mr. Carlson and feels that if the Council were inclined to change the current burn permits that duration may be one area of flexibility. If the Council was inclined to adjust the duration of burn permits staff recommends the $10 permit be valid for one month, expiring the same calendar date the following month, without any exceptions, extensions, or modifications for burning bans or external factors. Staff would recommend that the $50 permit be valid for six months, expiring the same calendar date six months later without any exceptions, extensions, or modifications for burning bans or external factors. The duration and cost of the burn permits are set in the City fee schedule. Any of the recommended changes would occur there by amendment. The current Open Burning ordinance language also requires that burn permit fees be established by resolution. The ordinance does contain some minor grammatical errors and omissions but is fairly comprehensive and operationally functional. This ordinance, along with many others, will require future review and revision as the City’s population density and neighborhoods change. Staff recommends waiting to update the ordinance until the City has adopted a policy or procedure on how to consistently address several of our ordinances as they relate to upcoming geographical, zoning, and neighborhood considerations. Financial/Budget: If a change in duration was made it would result in reduced burn permit revenue. Total burn permit revenue in 2014 was +$2,470 and was +$3,070 in 2015. Staff anticipates Staff Report—March 24, 2016 Council Meeting Prepared by Director Gottschalk Page 3 that if the duration was changed the City would see a marginal decrease in permit revenue but the permits would be more user friendly and reduce staff time. Any extensive ordinance change or rewrite would require notable staff time and should include the adoption of a policy or procedure on how to consistently address several of our ordinances as they relate to upcoming geographical, zoning, and neighborhood considerations. 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. OPEN AND HONEST COMMUNICATION We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. 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. Make no changes. 2. Pass the resolution and amend the fee schedule to reflect a $10 one month and a $50 six-month permit expiring the same calendar date in the appropriate month, without any exceptions, extensions, or modifications for burning bans or external factors. Make no changes to the burn permit process and Open Burning ordinance at this time. 3. Send back to staff with recommended changes for the burn permit process, Open Burning ordinance, and fee schedule. Recommendation: Pass the resolution and amend the fee schedule to reflect a $10 one month and a $50 six-month permit expiring the same calendar date in the appropriate month, without any Staff Report—March 24, 2016 Council Meeting Prepared by Director Gottschalk Page 4 exceptions, extensions, or modifications for burning bans or external factors. Make no changes to the burn permit process and Open Burning ordinance at this time. Council Action: Consider a motion to approve Resolution 2016 – Amending Burn Permit Fees and amend the fee schedule or provide staff with direction. Attachments: 1. Resolution 2016-19 2. Open Burning Ordinance City of Corcoran March 24, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-19 Page 1 of 1 Motion By: Seconded By: A RESOLUTION AMENDING BURN PERMIT FEES WHEREAS, Chapter 82, Part 3 Open Burning regulates open burning and burn permits in the City of Corcoran; WHEREAS, the City is interested in amending the permitting process to allow for flexibility; WHEREAS, the proposed amendment would include a change of the duration of burn permits from ten days to one month and from 120 days to six months; WHEREAS, duration and cost of the burn permits are set in the City fee schedule; WHEREAS, Chapter 83.40 requires a change to burn permits to be completed by resolution; NOW, THEREFORE BE IT RESOLVED, by the Corcoran City of Corcoran, that the City Council amend the fee schedule to reflect a $10 one month and a $50 six-month permit expiring the same calendar date in the appropriate month, without any exceptions, extensions, or modifications for burning bans or external factors. 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 24th day of March, 2016. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise– City Clerk/Administrative Services Coordinator STAFF REPORT Agenda Item 8e. Council Meeting: March 24, 2016 Prepared By: Matt Gottschalk Topic: Resident Service Terminal Action Required: Direction Summary: Over the past six months the Corcoran Police Department has been working to increase departmental efficiency and improve record keeping by transitioning to paperless records in a number of areas. When a department form or function is in need of updating it is transferred to a digital form which is automatically emailed to the appropriate destination upon submission. Some of the areas currently in use include new officer field training, departmental continuing education, training check-in, and IT service requests. As a test pilot, the department began issuing burn permits to residents using this same technology. After completing the digital form, the permit is automatically sent to the residents’ email, the corresponding Fire Chief, and the Police Administrative Assistant for entry. This has received very positive feedback from the residents. With the new system they simply keep their smart-phone in their pocket and it contains their digital burn permit. It eliminates the paper forms and the need for the resident to manage and retain the paper permit while tending to their burn. On the City side it saves staff from manually generating notices to the Fire Chiefs, it saves paper, and it saves time. If a resident requests a paper copy, the City simply prints the completed digital form for them. Due to the success of the pilot, the Police Department would like to continue to capitalize on these efficiencies and convert other customer service requests into digital format. In order to facilitate the paperless transition and improve accessibility the Police Department would like to add a digital terminal to the lobby. The terminal would consist of a lobby facing touchscreen connected to a windows computer on the administration side. Moving forward residents would be able to simply select the function they wish to complete, check the appropriate boxes, enter their email, and receive their desired outcome digitally. The Police Department would still continue to staff the window and assist the residents with all requests. Currently, residents are handed a paper form, they sit in a chair in the lobby, complete the form, and turn it in to the Administrative Assistant. Then, the Police Department scans in the document and generates the appropriate paperwork to complete the request. Expanding our transition to digital and paperless requests will continue to increase accessibility, convenience, and communication for our residents while improving City documentation, reducing staff time and reducing paper, printer, and copier usage. The implementation will inevitably have some challenges and will occur incrementally. Staff Report—March 24, 2016 Council Meeting Prepared by Director Gottschalk Page 2 Financial/Budget: The total anticipated cost of the service terminal project is approximately $2,500 and includes the computer, touchscreen monitors, printer, and peripherals. The Police Department has identified forfeiture funds as funding source for the project. Forfeiture funds are proceeds legally seized from criminal activity in our community. Forfeiture funds cannot be used to supplant or subsidize law enforcement budgets; however, legal education, peace officer training, publications, and new technology have been cited by the Minnesota County Attorney’s Association as best practices for its usage. This project would clearly be in line with a new technology usage. The resident service terminal project should increase communication and efficiency with no impact on the budget or levy. 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. OPEN AND HONEST COMMUNICATION We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. 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. Direct staff to continue with the resident service terminal project. 2. Direct staff to discontinue the project. Recommendation: Direct staff to continue with the resident service terminal project. Staff Report—March 24, 2016 Council Meeting Prepared by Director Gottschalk Page 3 Council Action: Provide staff direction. Attachments: None STAFF REPORT Agenda Item 8f. Council Meeting: March 24, 2016 Prepared By: Matt Gottschalk Topic: 9th Annual Truck Safety Seminar Action Required: Resolution Accepting Donated Funds Summary: The community held its 9th Annual Truck Safety Seminar March 10th, 2016. The event remained at the Corcoran Public Works facility but due to the increasing size, the event was moved from the mechanic’s bay to the equipment bay. This year approximately 272 participants spent a half-day with representatives from the Corcoran Police Department, Corcoran Public Works and the Minnesota State Patrol. Meals and refreshments were prepared by the Corcoran Locker and safety apparel from Corporate Connection was distributed to the attendees. Technical support was provided by JOTS Computer Services. The evaluations completed by the attendees provided strong positive feedback and a desire for the program to continue in its existing format. The success of this program is a direct result of support from the City Council, the local trucking community, community volunteers, the Corcoran Public Works Department, the Corcoran Police Department, Corcoran City Hall employees, and our local businesses and sponsors. Financial/Budget: This event is funded entirely by donations from the community and local businesses. The donation fund has carried a balance forward from 2015 of $3,140.97. Donations for the 2016 Truck Safety Seminar are $6,128.07. Expenses for the 2016 truck safety seminar will be approximately $7,000 once all invoices and expenses are received. 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. OPEN AND HONEST COMMUNICATION We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. Staff Report—March 24, 2016 Council Meeting Prepared by Director Gottschalk Page 2 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. Approve Resolution 2016-20 Accepting the Truck Safety Seminar Donations. 2. Send back to staff with direction. Recommendation: Approve Resolution 2016-20 Accepting the Truck Safety Seminar Donations. Council Action: Consider a motion to approve Resolution 2016-20 Accepting the Truck Safety Seminar Donations. Attachments: 1. Resolution 2016-20 City of Corcoran March 24, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-20 Page 1 of 3 Motion By: Seconded By: COMMENDATION OF TRUCK SAFETY SEMINAR AND APPROVAL OF DONATED FUNDS WHEREAS, the City of Corcoran supports the efforts of the Annual Truck Safety Seminar; and WHEREAS, Corcoran Public Works facility was the host site for 9th Annual Truck Safety Seminar held on March 10, 2016; and WHEREAS, the annual Truck Safety Seminar planning committee consisted of, Tim Mans – Mans Excavating, Inc., Mike Seibert, Cheri Chalstrom - Employees of Doboszenski & Sons, Inc. and Director Matt Gottschalk, Lieutenant Ryan Burns, Public Safety Administrative Assistant Paula Steelman and members of the Corcoran Police Department, Supervisor Pat Meister and Public Works Staff, Code Compliance Official Mike Pritchard, Minnesota State Patrol; and WHEREAS, the following donors have made a financial contribution to the City of Corcoran to be utilized in support of the Truck Safety Seminar program; Hassan Sand & Gravel Inc. $100.00 Farmers State Bank of Hamel $150.00 NAPA of Corcoran $150.00 KD & Company Recycling Inc $200.00 Elmer J. Peterson Co. $125.00 Nodland Construction Co., Inc. $150.00 Kothrade Sewer, Water & Excavating Inc. $100.00 Headquarters Machine & Restoration $50.00 Eull's Manufacturing Co., Inc. $200.00 Super Swivels $100.00 Trueman Welters $100.00 Beaudry Oil and Propane $100.00 Storman's LLC $50.00 Neumann's Enterprise, LLC $25.00 Midstate Crane Service Inc $100.00 Grove Nursery $200.00 Kamida, Inc. $100.00 A-1 Outdoor Power $40.00 Westside Wholesale Tire, Inc. $100.00 RDO Equipment Co. $600.00 Lan-De-Con, Inc. $100.00 RMS Road Machinery & Supplies Co. $200.00 City of Corcoran March 24, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-20 Page 2 of 3 Bursch Bros, Inc. $250.00 Koch's Korner, LLC $50.00 Zachman Insurance Agency, Inc. $100.00 Equipment Transport Sand & Gravel, Inc. $200.00 Satellite Shelters, Inc. $100.00 Cutting Edge Property Maintenance Inc $250.00 Duane's Septic Service, LLC $50.00 Designing Nature, Inc. $200.00 Ebert, Inc. $150.00 Highway 55 Rental & Sales Inc. $100.00 Lano Equipment $200.00 Gary S. Koecheler $100.00 Dr. Seim $50.00 Ende Septic Service $50.00 Gleason Century Farms $40.00 Nuss Truck & Equipment (Dan McEwen) $100.00 Wind-N-Wood Farms $100.00 Oh'Landscapes $75.00 C.S. McCrossan $100.00 Power House Fund - Delano Municipal Utility $100.00 Miller Trucking $150.00 Burschville Construction, Inc. $100.00 CASH $73.07 Ess Brothers $250.00 Donations in kind; Gary’s Diesel – 100 Driver’s Vehicle Inspection Report books, Riders Elite, Inc. for sound system, JOTS Computer Services for sponsor flyers and set-up and Ziegler for partial catering. Volunteers – Cindy Mans, Donnie Mans, John Ulfers, Larry & Marcy Dalchow, Cody Steelman and Ivan Waterworth. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Corcoran acknowledges the outstanding efforts by the truck safety planning committee, Corcoran Public Works as its host site and the generosity of all donors and graciously accepts the financial donations as listed above. 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 26th day of March 2015. City of Corcoran March 24, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-20 Page 3 of 3 ___________________________________ Ken Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk/Administrative Services Coordinator Item 8g. 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: Anne Hurlburt through Kendra Lindahl, Landform D ATE: March 16, 2016 for the March 24, 2016 City Council Meeting RE: Park Dedication Ordinance Update (City File 16-006) 60-DAY REVIEW DEADLINE:N/A 1.Request Provide direction to staff for an update to the park dedication requirements of the Subdivision Ordinance (Chapter 9 of the Corcoran City Code). 2.Background In December of 2014, the City of Corcoran adopted amendments to the park dedication standards, which had been updated in late 2011 to reflect the park and trail system needs identified by the city’s Comprehensive Plan. The 2014 amendments addressed specific concerns about the method for calculating density, how park dedication credit would be given for trails and what trail improvements developers must make. Language was also added to clarify that “park dedication is not due for parcels that have previously paid park dedication (land or cash-in-lieu)” Ordinance 2014-291. At its January 28, 2016 meeting, the Council discussed the need to update the existing park dedication standards. There continue to be some concerns about how the ordinance affects developers/landowners outside of the Metropolitan Urban Service Area (MUSA). An update of the ordinance is also on the priorities list of the Parks and Trails Commission for 2016. State law allows cities to require that a reasonable portion of the buildable land of any proposed subdivision be dedicated to the public or preserved for public use, including parks, recreational facilities, playgrounds, trails or open space. The city must have a capital improvement budget and a parks and open space plan, upon which the dedication requirements shall be based. Cash in lieu of land dedication is permitted and must be related to the fair market value of the land. The land dedication or fee must be roughly proportional to the need created by the proposed subdivision or development. Corcoran’s ordinance is based on the ultimate size and cost of acquiring and developing the Park & Trail System laid out in the Comprehensive Plan. The formula is designed to provide adequate funding to complete system and ensure that new development pays its fair share. The current formulas are based on a November 2011 analysis of system costs and land values. Agenda Item 9a. Park Dedication Ordinance Update 2 March 16, 2016 for March 24, 2016 City Council Meeting In 2013 there were amendments to State Law (Minn. Stat. Section 462.358, Subd. 2b) to clarify how cities must calculate park dedication fees. The law previously required fees to be based on the fair market value of land, although fair market value was not defined. The new law defines how it must be calculated on an annual basis, and provides a process for resolving disputes over valuation. 3. Scope of Proposed Update The review of the park dedication ordinance is proposed to include: a) Update the 2011 calculations of park system costs, based on changes in construction costs and any new information about proposed parks and trails available since the 2011 update. b) Update the land value information used in the 2011 analysis with available data for Corcoran and the surrounding market area from city and county assessors. c) Examine the current residential dedication formula to determine whether the percentages of land or equivalent cash dedication are adequate to meet the city’s needs. d) Provide an alternative formula to address the concern about the equitable application of residential dedication requirements to land outside the MUSA. Specifically, consider whether the formulas could incorporate a measure of the expected population growth from various types of residential development. Use the results of this exercise to propose a revised formula for consideration by the city. e) Evaluate and recommend the appropriate maximum cash-in-lieu of land fee. f) Determine what ordinance amendments are necessary for conformity with the 2013 state law changes g) Prepare a draft ordinance and review with the City Attorney prior to discussion with the Council. h) Review the above information with the Parks and Trails Commission before holding a public hearing before the Planning Commission. 4. Recommended Schedule • March 24 City Council meeting— review scope and schedule • April 28 City Council meeting—review report and draft ordinance • May 17 Parks and Trails Commission meeting—review report and draft ordinance • June 2 Planning Commission meeting—public hearing on draft ordinance amendment • June 23 City Council meeting—possible adoption of ordinance amendment 5. Requested Action Staff requests that the Council review the proposed scope and schedule for the ordinance update and give any further direction as may be desired. Changes to the scope or schedule may require a change to the approved $11,000 budget for this project. 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: March 17, 2016 for the March 24, 2016 City Council Meeting RE: Minnesota Solar, LLC request for a Zoning Ordinance text amendment to allow Community Solar Gardens (City File 16-008) 60-DAY REVIEW DEADLINE:June 21, 2016 1.Request Provide direction to staff on issues related to a Zoning Ordinance Amendment to allow community solar gardens. 2.Background On October 22, 2015, the City Council considered a request from Ecoplexus, Inc. to consider amending the zoning ordinance to allow ground mounted solar. The City Council indicated support for consideration of an amendment but recommended that the applicant initiate it and pay the associated costs through an escrow. The applicant did not submit an application. On January 14, 2016, the City Council considered a similar request form Minnesota Solar, LLC, except that they were requesting an amendment to allow ground mounted solar in the MUSA (metropolitan urban service area). The Council indicated a willingness to consider the request with the same stipulations on application and costs. On February 15th, the city received a written request from Minnesota Solar, LLC to consider a zoning ordinance amendment to allow community solar gardens. They have specifically requested that the City consider allowing community solar as an interim use permit in the Urban Reserve district. 3.Government Policies In 2007, the State of Minnesota adopted legislation that created a Renewable Portfolio Standard (RPS) for investor-owned utilities and public/cooperative utilities, which mandates that a certain percentage of each utility’s generation portfolio be derived from renewable sources by a certain year. In particular, Xcel Energy is required to obtain 31.5% of their generation from renewable sources by 2020, and Minnesota’s 2013 legislation further requires that an additional 1.5% of the utility’s retail electricity sales be derived from solar power by the year 2020. The State Legislature established the Community Solar Garden program in order to facilitate the production of solar energy in the State and help the utilities achieve these standards. Minnesota State Statute §216B.1641 allows the construction of one megawatt (MW) solar gardens that may be Agenda Item: 9b. Solar Ordinance Amendment (city file 16-008) 2 March 24, 2016 City Council Meeting clustered with up to four other solar gardens on a single parcel, for a total maximum output of five MW per site. The community solar garden model allows individuals, businesses, schools, and civic entities – known as “subscribers” – that have limited options to install their own on-site solar panels to purchase or “subscribe” to a portion or a “share” of the output from a given solar garden. This allows subscribers to purchase clean, renewable energy at a savings compared to their current utility bill, without making costly upfront investments in a solar system. There is a significant push in the solar industry to permit and build community solar gardens quickly, as each garden must be constructed and online by the end of 2016 in order to qualify for the 30% federal Investment Tax Credit (ITC) for solar facilities, which is slated to be reduced to 10% at the end of next year. The ITC allows developers to offer subscribers a significantly greater savings than what would currently be possible in the absence of the ITC. While the solar facility itself is exempt from being taxed under Minnesota Statutes, the land is taxed at an increased rate. If the principal use of the land is solar panels, then the land is taxed at the utility (3a classification) rate of 2%, rather than the agricultural (2a tax classification) rate of 1%. In addition, for facilities greater than one MW, the solar developer must pay a production tax rate of $1.20 per megawatt hour, the revenue from which is split 80/20 between the County and City. 4. Key Issues In the Corcoran Zoning Ordinance any use that is not specifically allowed is prohibited. Solar is not allowed. While the applicant’s request is very specific and limited (allow ground mounted solar in the Urban Reserve zoning district), staff believes that the City must have a larger conversation about solar. It would be appropriate for the City to discuss types of solar, scale/size of solar, appropriate locations for solar and permitting process. In order to develop the ordinance language, we have reviewed a number of other ordinances and model ordinances (a small sample is attached to this report). We will continue to review other local and national examples; however, Corcoran’s ordinance should be developed to reflect the City’s vision. Types of Solar/Definitions As we move through the ordinance development, we will use a number terms to describe different components and styles of solar. For the purpose of discussion, I am starting with the following terms and definitions. These will likely be revised, but it is starting point for the discussion. These terms are taken from several different sources: Building-integrated Solar Energy Systems - An active solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights, and awnings. Solar Ordinance Amendment (city file 16-008) 3 March 24, 2016 City Council Meeting Community Solar Garden- A solar-electric (photovoltaic) array that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off-site from the location of the solar energy system, consistent with Minn. Statutes 216B.1641 or successor statute. A community solar system may be either an accessory or a principal use. Ground Mounted Solar Energy System – a solar energy system that is structurally mounted to the ground, generally upon a pole or rack mount. A ground mounted system may be a fixed or tracking system. Roof Mounted Solar Energy System – a solar energy system that is structurally mounted to the roof of a structure. These systems are generally affixed with a racking system and may be flush or angled. Solar Energy System - A device or structural design feature, a substantial purpose of which is to provide for the collection, storage and distribution of sunlight for space heating or cooling, generation of electricity, water heating, or providing daylight for interior lighting. Solar Farm - A commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST) or other conversion technology, for the primary purpose of wholesale sales of generated electricity. A solar farm is the principal land use for the parcel on which it is located. Solar Mounting Devices - Racking, frames or other devices that allow the mounting of a solar collector onto a roof surface or the ground. *Staff notes that the primary difference between a Community Solar Garden and a Solar Farm is that, while they both convert sunlight into energy for sale of the generated energy, the Community Solar Garden is used to off-set costs of specific subscribers. Generally solar systems can be broken down in a couple of ways: 1. Roof mounted or ground mounted 2. Accessory use or principal use We have had some interest in the past from residents looking to provide solar for their homes. They could be either roof- or ground-mounted and would be considered an accessory use. The community solar garden that the applicant is proposing would be considered a principal use. Size/Scale of Solar When we think about solar as a principal use like we would see with a community solar garden, we need to think about size and scale. The applicant’s concept is for a 40-acre 5MW community solar garden. This is the maximum size of a community solar garden in the state of Minnesota. Solar Ordinance Amendment (city file 16-008) 4 March 24, 2016 City Council Meeting However, the city is not required to allow them to be this big. If the City is concerned about size, they could limit the size to something smaller or they could provide a minimum site area. For example, Hugo requires a minimum of 10 acres for principal solar uses in most districts. Should the City have a minimum lot size? If so, what would be appropriate? Should it be different in different districts? Location Where are different solar improvements allowed? 1. Should accessory solar be allowed in all districts? a. These are systems designed to serve the principal use b. They may be roof- or ground-mounted c. Generally these tend to be smaller and less noticeable than community solar gardens, but if the council supports the concept, they should direct staff to prepare standards for these accessory uses. The City Council should provide direction about whether or not to allow accessory solar. 2. Should community solar gardens or solar farms be allowed in Corcoran? If so where? This is the more challenging discussion. While solar gardens provide significant community benefits by reducing our reliance on fossil fuels and helping to reduce energy costs, they do change the landscape. While some advocates will argue that solar gardens are simply “growing energy” on cropland instead of traditional crops, others express concern about the appearance of the Community Solar Gardens. The nature of the use is similar to other types of uses allowed in the Rural Residential districts, such as green houses and commercial farming operations. Community Solar Gardens in Rural Residential areas are generally accepted in most communities (albeit with some adjacent neighbor opposition). Locating Community Solar Gardens in these areas generally provides a small tax benefit to the city through a higher tax rate. However, locating them in Commercial/Industrial areas in the MUSA takes away the opportunity for significant tax base when those properties development in a traditional manner. Community Solar Gardens in those districts would provide the same tax benefit as it would on rural residential land. Therefore, there is an opportunity cost to locating land in the MUSA. Solar Ordinance Amendment (city file 16-008) 5 March 24, 2016 City Council Meeting The MUSA is intended to preserve land for future development with municipal sewer and water. Community Solar Gardens will remain for 25-30 years, during which time they would not be available for development. Furthermore, if the city wanted to do an assessment project for public infrastructure, they would be hard pressed to find a benefit to the Community Solar Garden, which could result in financial challenges to the City. In some ways it is similar to the discussions the city has had in the past about whether or not it is appropriate to allow Agricultural Preserve land in the MUSA. Generally, the City Council has indicated that they do not support the Agricultural Preserve designation in the MUSA. Staff has concerns about allowing Community Solar Gardens in the MUSA due to the lost opportunities for development. However, if the Council is supportive of Community Solar Gardens in the MUSA, they should further discuss which zoning districts it should be allowed in (we may wish to look at the underlying land use as well) and which sewer staging area it should be allowed in (would it be appropriate in the 2010-2015 staging area?) Questions: 1. Does the Council want to allow Community Solar Garden in the rural residential area (outside of the MUSA)? 2. Does the Council want to allow Community Solar Garden in the MUSA? a. Should it be allowed only in certain zoning districts? b. Should it be allowed only in certain land use categories? c. Should it be allowed only certain sanitary sewer staging areas? Performance standards If the City Council wishes to proceed with allowing solar, we will work to develop performance standards to address the most common issues, including: height, screening/buffering, setbacks and glare. There is good industry guidance on most of these issues, but the screening/buffering issue has been a challenge in some communities. Community Solar Gardens have 6-10 foot high panels, inverter boxes and utility poles, so it is not possible to fully screen all of these elements. Some communities require a solid row of plantings to fully screen the panels, whereas, others require landscaping to buffer the use. The primary difference is that the screening is intended to ensure that the panels are not visible from the adjacent properties and the buffering uses landscaping to soften the impact but does not require a solid planting row and can result in a more natural landscape. If the Council supports Community Solar Gardens in the City, they should provide direction on screening/buffering goals. Decommissioning The City will need to establish standards for decommissioning a community solar garden when it ceases to operate. We have a requirement that telecommunications towers provide a decommissioning plan and we could use something similar for solar gardens. The key question for the Council is whether or not to require a financial guarantee to remain in place throughout the life of the solar garden. We do not require a financial guarantee for the telecommunications tower decommissioning plan, but community solar gardens are a different type of improvement and a Solar Ordinance Amendment (city file 16-008) 6 March 24, 2016 City Council Meeting guarantee is common. The city will have discussions on exactly what those standards are when a draft ordinance is prepared. Permitting There are different processes for city review of solar and it may differ depending on the type of solar and the Zoning district in which it is located. It could be as simple as a building permit for construction or it could be required to obtain a Conditional Use Permit or Interim Use Permit to allow the development. The Zoning Ordinance defines allowed uses in each zoning district as: 1. Principal - One which determines the predominant use as contrasted to accessory building, structure or use. 2. Accessory – use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. 3. Conditional Use - A use classified as conditional generally may be appropriate or desirable in a specific zone, but requires special approval because if not carefully located or designed it may create special problems such as excessive height or bulk, abnormal traffic congestion or environmental disruption. 4. Interim Use – Similar to a condition use, but an interim use has a “sunset clause” where the use will cease to be allowed (usually a certain date or some definable action). Staff recommends that the Council consider allowing accessory solar as a permitted accessory use, which could be issued via a building permit if certain standards are met. If the Council supports Community Solar Gardens and Farms, staff recommends that they be processed via an Interim Use Permit in any district that the Council finds them to be desirable. 5. Next Steps If there is consensus on the issues, the City Council should direct staff to prepare a draft ordinance for consideration. A typical schedule would be: • May 5th Planning Commission meeting—public hearing on draft ordinance amendment • May 26th City Council meeting—possible adoption of ordinance amendment This schedule allows the ordinance amendment to be completed prior to expiration of the 120-day day review period on June 21st. If the Council finds that additional discussion is required, staff could be directed to bring a draft ordinance back for City Council consideration at the April 28th meeting. The Council could then direct staff to proceed with a June public hearing and possible adoption. This would require the applicant to provide an extension to the 120-day review period. Solar Ordinance Amendment (city file 16-008) 7 March 24, 2016 City Council Meeting 5. Requested Action Staff requests that the Council discuss the issues outlined in the staff report and provide direction to staff about how they wish to proceed with the ordinance amendment. If there is consensus on the direction, the City Council should direct staff to schedule a public hearing at the May 5th Planning Commission meeting. Attachments 1. 2030 Future Land Use Map 2. Zoning Map 3. 2030 Sanitary Sewer Staging Map 4. Xcel/Wright-Hennepin District Map 5. Example Solar Panel Exhibit 6. Applicant’s narrative 7. Example ordinances: a. Cottage Grove b. Medina c. Hugo d. Chisago County ROAD SCHUTTE GLEASON ROAD JUBERT LAKE MEISTER ROAD O L D S E T T L E R S R D HORSESHOE TRAIL STI E G R D WI L L O W D R I V E HACKAMORE ROAD TR A I L H A V E N R O A D CA I N R O A D OAKDALE DR STREHLER ROAD PI O N E E R T R COUNTY ROAD 117 RO L L L I N G H I L L S R D LARKIN RD (62ND AVE N) TOWNSHIP OF HASSAN CI T Y O F G R E E N F I E L D CI T Y O F M A P L E G R O V E CITY OF MEDINA SCOTT LAKE BE C H T O L D R O A D $+ $+ $+ $+ $+ $+ $+ $+ MORIN LAKE GOOSE LAKE COOK LAKE RUS H C R E E K 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 2014 Adopted June 2011 19 10 50 19 10 30 101 116 City ofCORCORAN !!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!! ! ! ! ! !!! ! !! ! ! ! ! ! ! ! !!!!!!! ! ! !! ! ! ! ! !! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!! ! ! ! ! !!!! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!! ! ! !!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! !!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!! ! ! !!!!! ! ! ! ! !!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!! î î î s s òñð òñð ñ ñ ï ï î î s ñ ROAD SCHUTTE GLEASON ROAD JUBERT LAKE MEISTER ROAD O L D S E T T L E R S R D HORSESHOE TRAIL STI E G R D WI L L O W D R I V E HACKAMORE ROAD TR A I L H A V E N R O A D CA I N R O A D OAKDALE DR STREHLER ROAD PI O N E E R T R COUNTY ROAD 117 RO L L L I N G H I L L S R D LARKIN RD (62ND AVE N) TOWNSHIP OF HASSAN CI T Y O F G R E E N F I E L D CI T Y O F M A P L E G R O V E CITY OF MEDINA SCOTT LAKE BE C H T O L D R O A D $+ $+ $+ $+ $+ $+ $+ $+ MORIN LAKE GOOSE LAKE COOK LAKE RUS H C R E E K Official Zoning Map43,000 0 3,0001,500 Feet ï Cemetery î ChurchsGolf Course ñ Government Building òñð Public Park ! !! !! 2030 Metropolitan Urban Service Area City Limit CORCORAN_Parcels_Mar2014 Open Water Shoreland Overlay District Zoning Districts: UR Urban Reserve RR Rural Residential RSF-1 Single Family Residential 1 RSF-2 Single Family Residential 2 RSF-3 Single and Two Family Residential 3 RMF-1 Medium Density Residential RMF-2 Mixed Residential RMF-3 High Density Residential MP Manufactured Home Park P-I Public / Institutional TCR Transitional Rural Commercial CR Rural Commercial C-1 Neighborhood Commercial C-2 Community Commercial DMU Downtown Mixed Use GMU General Mixed USe BP Business District I-1 Light Industrial PUD Planned Unit Development Updated April 25, 2014 Adopted June 2011 19 10 30 116 101 50 19 10 City ofCORCORAN ROAD SCHUTTE GLEASON ROAD JUBERT LAKE MEISTER ROAD O L D S E T T L E R S R D HORSESHOE TRAIL STI E G R D WI L L O W D R I V E HACKAMORE ROAD TR A I L H A V E N R O A D CA I N R O A D OAKDALE DR STREHLER ROAD PI O N E E R T R COUNTY ROAD 117 RO L L L I N G H I L L S R D LARKIN RD (62ND AVE N) TOWNSHIP OF HASSAN CI T Y O F G R E E N F I E L D CI T Y O F M A P L E G R O V E CITY OF MEDINA SCOTT LAKE BE C H T O L D R O A D $+ $+ $+ $+ $+ $+ $+ $+ MORIN LAKE GOOSE LAKE COOK LAKE RUS H C R E E K 2030 Sanitary SewerService Staging Plan 4 3,000 0 3,0001,500 Feet 2030 Comprehensive Plan Figure 9 City Limit 2030musa Wetlands Sanitary Sewer Service Staging 2010 - 2015 2015 - 2020 2020 - 2025 2025 - 2030 *The staging plan represents a progression of sewer that is based on location of planned Metropolitan Interceptors and where the first sewered growth is anticipated to occur, however the City does not commit to it occurring. Updated October 2013 Adopted June 2011 City ofCORCORAN 19 50 19 10 30 10 116 101 Map 12/2/2015 Landform® and Site to Finish® are registered service marks of Landform Professional Services, LLC. TYPICAL COMMUNITY SOLAR GARDEN Medina City Code 828. Zoning – Performance Standards and Enforcement 828. Zoning – Performance Standards and Enforcement Page 3 of 97 and pavement. The screening shall block direct vision. Planting of a type approved by the City Council may also be required in addition to or in lieu of fencing. Section 828.08. Mechanical Equipment. The ground level view of all mechanical equipment shall be fully screened from contiguous properties and adjacent streets. Screening may be accomplished by architecturally integrating the equipment into the structure or by surrounding it with opaque materials compatible with the principal structure. Screening materials shall be designed for low maintenance and long life and shall be kept in a state of good repair. Signs shall not be used for the purpose of screening mechanical equipment. Section 828.09. Solar Equipment. Any equipment or device that utilizes, operates or supplies energy derived from the sun shall meet the following standards: Subd. 1. Solar Equipment, if affixed to a structure. The following standards shall apply to Solar Equipment which is affixed to a structure: (a) The equipment or device must be affixed to a structure and meet all setback requirements for principal structures in the zoning district where located. (b) The equipment or device may not exceed the height of the building by more than five feet, and shall cover no more than 70 percent of the roof to which it is affixed. (c) The equipment or device must be designed and constructed in compliance with all applicable building and electrical codes. (d) The equipment or device must be in compliance with all state and federal regulations regarding co-generation of energy. (e) All solar arrays or panels shall be installed or positioned so as not to cause any glare or reflective sunlight onto neighboring properties or structures, or obstruct views. (f) Solar equipment which is mounted to a roof which is not flat, and which is visible from the nearest right-of-way, shall not have a finished pitch more than five percent steeper than the roof. (g) The zoning administrator may require compliance with any other conditions, restrictions or limitations deemed reasonably necessary to protect the residential character of the neighborhood, if applicable. Subd. 2. Solar Equipment, if not affixed to a structure. (a) The following standards shall apply to Solar Equipment which is not affixed to a structure, within the Business and Industrial Park zoning districts: (i) Solar Equipment which is not affixed to a structure shall only be permitted in the Business and Industrial Park zoning districts and only following Conditional Use Permit approval. (ii) Solar Equipment shall be a minimum of 300 feet from residential property. (iii) Solar Equipment shall meet all setback requirements for principal structures in the zoning district where located. (iv) The footprint occupied by Solar Equipment shall be considered lot coverage and impervious surface for the purpose of calculating such standards. The footprint shall include all space between pieces of Solar Equipment, unless the pieces are separated by more than 25 feet. (v) The footprint occupied by Solar Equipment shall not exceed 20% of the lot. Medina City Code 828. Zoning – Performance Standards and Enforcement 828. Zoning – Performance Standards and Enforcement Page 4 of 97 (vi) The equipment or device may not exceed a height of 20 feet. (vii) The City may require landscaping or other means of screening to limit visual impacts of the mounting devices of the Solar Equipment. (viii) The equipment or device must be designed and constructed in compliance with all applicable building and electrical codes. (ix) The equipment or device must be in compliance with all state and federal regulations regarding co-generation of energy. (x) All solar arrays or panels shall be installed or positioned so as not to cause any glare or reflective sunlight onto neighboring properties or structures, or obstruct views. (xi) The City may require compliance with any other conditions, restrictions or limitations deemed reasonably necessary to protect the public health, safety, and welfare and to promote harmony with neighboring uses. (b) The following standards shall apply to Solar Equipment which is not affixed to a structure, within residential zoning districts in which such Equipment is permitted: (i) Solar Equipment which is not affixed to a structure shall only be permitted in the Agricultural Preservation, Rural Residential, Rural Residential-Urban Reserve, Rural Residential-1, and Rural Residential-2 zoning districts and only following Conditional Use Permit approval. (ii) Solar Equipment shall only be permitted on a parcel which is five acres or greater in area. (iii) Solar Equipment shall only be allowed as an accessory use on a parcel with an existing principal structure. (iv) Solar Equipment shall be set back a minimum of 100 feet from all property lines. (v) The footprint occupied by Solar Equipment shall not exceed 1000 square feet. (vi) The equipment or device may not exceed a height of 15 feet. (vii) The City may require landscaping or other means of screening to limit visual impacts of the Solar Equipment. (viii) The equipment or device must be designed and constructed in compliance with all applicable building and electrical codes. (ix) The equipment or device must be in compliance with all state and federal regulations regarding co-generation of energy. (x) All solar arrays or panels shall be installed or positioned so as not to cause any glare or reflective sunlight onto neighboring properties or structures, or obstruct views. (xi) The City may require compliance with any other conditions, restrictions or limitations deemed reasonably necessary to protect the public health, safety, and welfare and to promote harmony with neighboring uses. Section 828.09.1 Wind Energy Conversion Systems (WECS) Subd. 1. Purpose. The purpose of this ordinance is to establish standards and procedures for Wind Energy Conversion Systems (WECS) through a conditional use permit in order to harness clean, renewable wind energy while at the same time protecting public health, safety and welfare. ORDINANCE NO. 2014 1120-1 u:;r 1111111111111111111111111111111111111111111111111111111 Office of County Recorder Fee $0 Chisago County, Minnesota Pages: 6 Certified, filed and/or Recorded on: January27,201510:32AM Lee Olson,_County Recorder Doc # Well Cert1f1cate [ ] Received A-675008 Received from: CHISAGO COUNTY ADMINISTRATOR Returned To: CHISAGO COUmY ADMINISTRATOR 313NMAINST CEITTER CITY, MN 55012- AMENDING THE CHISAGO COUNTY ZONING ORDINANCE BY ADDING STANDARDS AND DEFINITIONS FOR SOLAR ENERGY SYSTEMS, SOLAR ENERGY FARMS AND FOR THEIR INSTALATION AND USE IN CHISAGO COUNTY THE CHISAGO COUNTY BOARD OF COMMISSIONER ORDAINS: The following language is hereby added to the Chisago County Zoning Ordinance: 7.31 SOLAR ENERGY SYSTEMS A. GENERAL PROVISIONS. 1. Purpose and Intent Chisago County fmds that it is in the public interest to encourage the use and development of renewable energy systems that enhance energy conservation efforts, but result in limited adverse impact on nearby properties. As such, the County supports the use of solar energy collection systems and the development of solar energy farms. Chisago County also finds that the development of solar energy farms should be balanced with the protection of the public health, safety and welfare. The County resolves that the following standards shall be adopted to ensure that solar energy systems and solar energy farms can be constructed within Chisago County while also protecting public safety and the natural resources of the County. Consistent with the Chisago County Comprehensive Plan, it is the intent of the County with this Section to create standards for the reasonable capture and use, by households, businesses and property owners, of their solar energy resource, and to encourage the development and use of solar energy. 2. Severability The provisions of this Section shall be severable and the invalidity of any paragraph, subparagraph or subdivision thereof shall not make void any other paragraph, subparagraph or subdivision of this section. 3. Applicability These regulations shall apply to all solar energy systems and solar energy farms on properties and structures under the jurisdiction of the Chisago County Zoning. Those systems shall be defined as solar farms generating less than SO megawatts of power. Chisago County shall refer any application for a large electric power generating plant (LEPGP) to the Minnesota Public Utilities Commission (MN PUC) for approval. An LEPGP shall be defined as any solar energy system capable of producing more than 50 megawatts of power. B. DEFINITIONS. The following words, terms and phrases, when used in this Section, shall have the meaning provided herein, except where the context clearly indicates otherwise: Building or Other Architecturally-Integrated Solar Energy System: An active solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or stiuctural component of the building. Building-integrated systems include, but are not limited to, photovoltaic or thermal solar systems that are contained within roofing materials, windows, skylights and awnings. CSES: Community solar energy system. Community Solar Energy System (also called a "Solar Garden"): A solar-electric (photovoltaic) array that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off-site from the location of the solar energy system. Ground Mounted Panels: Freestanding solar panels mounted to the ground by use of stabilizers or similar apparatus. Large Energy Power Generating Plant (LEPGP): Any Solar Energy System capable of producing 50 megawatts or more of power. MN PUC: The lvfinnesota Public Utilities Commission. Photovoltaic System: An active solar energy system that converts solar energy directly into electricity. Roof or Building Mounted Solar Energy System: A solar energy system that is mounted to tl1e roof or building using brackets, stands or other apparatus. SES: Solar Energy System Solar Access: A view of the sun, from any point on the collector surface that is not obscured by any vegetation, building, or object located on parcels ofland other than the parcel upon which the solar collector is located, between the hours of 9:00 AM and 3:00 PM Standard time on any day of the year. Solar Collector: A device, structure or a part of a device or structure that tl1e principal purpose is to transform solar radiant energy into thermal, mechanical, chemical or electrical energy. Solar Energy: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. Solar Energy System: An active solar energy system that collects or stores solar energy and transforms solar energy into anotl1er form of energy or transfers heat from a collector to another medium using mechanical, electrical, theimal or chemical means. Solar Farm: A commercial facility tl1at converts sunlight into electricity, whetl1er by photovoltaics (PV), concentrating solar thermal devices (CS1), or other conversion technology, for the principal pmpose of wholesale sales of generated electricity Solar Garden: A community solar energy system. Solar Hot Water System: A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs. Solar Site Permit: A land use permit required by the County for the installation of certain solar energy systems regulated by this Ordinance. C. TYPES OF SOLAR ENERGY SYSTEMS: This Ordinance identifies and regulates the following four types of solar energy systems: 1. Rooftop or other Architecturally-Integrated Solar Energy Systems 2. Ground Mount Solar Energy Systems 3. Community Solar Energy Systems (Solar Gardens/CSES) 4. Solar Farms These systems shall be defined and regulated as follows: 1. Rooftop or other Architecturally-Integrated Solar Energy Systems: Systems which are accessory to the principal land use, designed to supply energy for the principal use. Rooftop or other architecturally-integrated systems shall be regulated as follows: a) Rooftop or other architecturally-integrated systems are permitted accessory uses in all districts in which buildings and structures are permitted. b) No Solar Site permit is required, but tl1e owner or contractor shall obtain a building permit before installing a rooftop or other architecturally-integrated solar energy system. d) Corrunercial rooftop or other architecturally-integrated systems shall be placed on the roof to linut visibility from the public right-of-way or to blend into tlie roof design, provided tliat minimizing visibility but which still allows the property owner to reasonably capture solar energy. 2. Ground-mount solar energy systems: Systems which are accessory to tlie principal use and designed to supply energy for tl1e principal use. Ground-mount systems shall be regulated as follows: a) Ground-mount systems are permitted accessory uses in all districts in which buildings and structures are permitted. b) Ground-mount systems require a Solar Site Permit and a Building Permit. c) Ground-mount systems shall be subject to the accessory use standards for tlie district in which tliey are located, including dimensional standards, such as yard setbacks. c) The height of ground-mounted components shall not exceed 10 feet. e) No ground-mounted solar energy system shall cover or encompass more than 10 percent of the total property area or lot size. 3. Community Solar Energy Systems (Solar Gardens/CSES): Roof or ground-mount CSES's designed to supply energy for off-site users on the distribution gdd (but not for export to the wholesale market or connection to the electric transmission grid) shall be allowed as a principal or accessory permitted use, in all districts unless otherwise regulated or prohibited in this section: a) Corrununity Solar Energy Systems shall be located on parcels of land no less than five acres m size. b) Ground Mount CSES's which are sited upon a contiguous or aggregate site area footprint larger than 20 acres in size (whetl1er corrunonly owned/ controlled or not-so owned or operated) shall require a Conditional Use Permit, in accordance witl1 Section E. Conditional Use Permit Requirements. The site area footprint size shall be computed by a determination of the Zoning Administrator. c) Prohibited Districts: The County prohibits CSES's witliin the following districts: 1) Shoreland Districts as designated by the Department of Natural Resources (DNR) and the Chisago County Shoreland Management Ordinance; 2) Within Six Hundred (600) feet of areas designated or formally protected from development by Federal, State or County agencies as wildlife habitat, wildlife management areas or designated as National Wild and Scenic land or corridor; 3) Wetlands, to the extent prohibited by the Minnesota Wetland Conservation Act; 4) The Floodplain District. d) All CSES's and CSES components must meet the setback, height and coverage limitations for the district in which tl1e system is located. e) CSES's shall require a Solar Site Permit and a building permit, and are subject to the accessory use standards for the district in which they are located. f) Power and communication lines. All on-site power and communication lines running between banks of solar panels and buildings shall be buried underground on premise. The Zoning Administrator may grant exemptions to this requirement in instances where shallow bedrock, water courses or other elements of the natural landscape interfere with the ability to bmy lines. g) Decommissioning Plan: The owner/ operator shall submit a decommissioning plan for ground-mounted CSES's to ensure that the owner or operator properly removes the equipment and facilities upon the end of project life or after their useful life. The owner or operator shall decommission the solar panels in the event they are not in use for twelve (12) consecutive months. The plan shall include provisions for the removal of all stmctures and foundations, the removal of all electrical transmission components, the restoration of soil and vegetation and a soundly-based plan ensuring financial resources will be available to fully decommission the site. The disposal of structures and/ or foundations shall meet tlie requirements of the Chisago County Solid Waste Ordinance. The owner/ operator shall provide a current-day decommissioning cost estimate, and shall post a bond, letter of credit or establish an escrow account, including an inflationary escalator, in an amount determined by the County Board, to ensure proper decommissioning. 4) Solar farms: Ground-mount solar energy arrays which are the principal use on the property, that are designed for providing energy to off-site users or export to the wholesale market shall be a permitted use in the Agricultural district, except as otherwise regulated or prohibited in this section. Solar Farms shall be subject to the following: a) Solar Farms which have a generating capacity of 50 megawatts of power or more shall fall under the jurisdiction of the Minnesota Public Utilities Commission. b) Solar Farms shall be located on parcels of land no less than five acres in size. c) Solar Farms which are sited upon a contiguous or aggregate site area footprint larger than 20 acres in size ( commonly owned/ controlled or not so) shall require a Conditional Use Permit, in accordance with Section E. Conditional Use Permit Requirements. The site area footprint size shall be computed by a determination of the Zoning Administrator. d) Prohibitions: The County prohibits community solar farms witlun: 1) Shoreland Districts as designated by the Department of Natural Resources (DNR) and the Chisago County Shoreland Management Ordinance 2) Six Hundred (600) feet of areas formally designated or protected from development by Federal, State or County agencies as wildlife habitat, wildlife management areas or designated as National Wild and Scenic land or corridor 3) Wetlands to the extent prohibited by the Minnesota Wetland Conservation Act, 4) The Floodplain District. e) All Solar Farm components must meet the setback, height and coverage limitations for the district in which the system is located. f) Power and communication lines. All on-site power and communication lines running between banks of solar panels and buildings shall be buried underground on premise. The Zoning Administrator may grant exemptions to this requirement in instances where shallow bedrock, water courses or other elements of the natural landscape interfere with the ability to bmy lines. g) Decommissioning Plan: The owner/ operator shall submit a decommissioning plan for ground-mounted CSES's to ensure that the owner or operator properly removes the equipment and facilities upon the end of project life or after their useful life. The owner or operator shall decommission the solar panels in the event they are not in use for twelve (12) consecutive months. The plan shall include provisions for the removal of all st11.1ctures and foundations, the removal of all electrical transmission components, the restoration of soil and vegetation and a soundly-based plan ensuring financial resources will be available to fully decommission the site. The disposal of structures and/ or foundations shall meet the requirements of the Chisago County Solid Waste Ordinance. The owner/ operator shall provide a current-day decommissioning cost estimate, and shall post a bond, letter of credit or establish an escrow account, including an inflationary escalator, in an amount determined by the County Board, to ensure proper decommissioning. D. ADDITIONAL STANDARDS: In addition to the standards required above, the following standards shall apply to all Solar Energy Systems. 1. Compliance with Building Code. All SES's shall require a building permit, shall be subject to the approval of the County Building Official, and shall be consistent with the State of Minnesota Building Code. 2. Compliance with State Electric Code. All photovoltaic systems shall comply with the Minnesota State Electric Code. 3. Compliance with State Plumbing Code. Solar thermal systems shall comply with applicable Minnesota State Plumbing Code requirements. 4. Compliance with MN Energy Code. All SES's shall comply with HVAC-related requirements of the Energy Code. 5. Utility Notification. No grid-intertied photovoltaic system shall be installed until the owner has submitted notification to the utility company of the customer's intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement. 6. Security and equipment buildings. Security and equipment buildings on the site of solar farms shall be permitted uses accessory to the solar farm. 7. Controlled Access. The owner or operator shall contain all unenclosed electrical conductors located above ground within structures that control access . E. SOLAR SITE PLAN REQIREMENTS 1. A Solar Site Plan application shall be filed for all Ground Mount Solar Energy Systems sited on parcels 20 acres or less in size, contiguous or aggregate. The site area footprint size shall be computed by a determination of the Zoning Administrator. 2. Solar Site Plans shall require approval by the Zoning Administrator. Such approval shall be issued following an Administrative determination that the design requirements of this Ordinance have been met. F. CONDITIONAL USE PERMIT (CUP) REQUIREMENTS 1. A Conditional Use Permit (CUP) shall be required for a Community Solar Energy System or a Solar Farm which is situated, (or which is staged to be eventually situated) on a contiguous or aggregate site area footprint larger than 20 acres in size, whether commonly owned/controlled or otherwise. Solar Farms and CSES's located on a site area 20 acres or less (contiguous or aggregate) in size shall be permitted uses. The site area footprint size shall be computed by a determination of the Zoning Administrator. STAFF REPORT Agenda Item 10a. Council Meeting: March 24, 2016 Prepared By: Brad Martens Topic: Public Works Facility – Independent Review of Conditions Action Required: Approval Summary: Staff continues to work to understand issues related to floor settling taking place at the Public Works Facility. Currently two companies are working on providing a scope of services to assist the City in next steps which may include litigation. It is requested that the City Council authorize staff to enter into an agreement for various review services not to exceed $3,000. 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 City will use the information from the review to develop a position to move forward with a solution. 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: 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. Authorize staff to enter into an agreement for various review services not to exceed $3,000. 2. Send back to staff for further review. Page 2 Recommendation: Authorize staff to enter into an agreement for various review services not to exceed $3,000. Council Action: Consider a motion to authorize staff to enter into an agreement for various review services not to exceed $3,000. Attachments: N/A March 9, 2016 BRAD MARTENS CITY OF CORCORAN 8200 COUNTY ROAD 116 CORCORAN, MN 55340 RE: Corcoran Public Works, 9100 County Road 19, Corcoran, MN Your File/Claim Number: Guy Engineering Corp File Number: 16-003-017 Pursuant to your telephone call regarding the above referenced matter, below please find our letter of retainer, terms, conditions and current fee schedule, (2 pages attached). Upon receipt of your authorization we will enter into detailed discussions on the above matter and will investigate and consult with you and report our findings. Also, if appropriate we will testify as expert witness in connection with the same. Our services to you will be initiated upon receipt of the countersigned authorization. Our investigation will encompass the areas outlined in the attached scope letter. Guy Engineering Corp. is not the engineer of record for the referenced structure and will not be providing a comprehensive investigation of all elements of the referenced structure under this agreement. The undersigned parties understand that this agreement is solely to provide investigative services of the above mentioned scope at the referenced structure as may relate to a construction defect litigation. The fees for the above services will be billed at our regular rates in effect at the time services are provided. Present rates for each day (or any part of a day) for court or standby for court are covered in Condition 12 of our Fee Schedule and Conditions. Depositions (EBT'S) are considered as court time. Any services mandated by other parties to this action shall be paid by the client above. Consultations and studies or reports required are presently billed per our current Fee Schedule and Conditions. Engineers and technical or clerical staff, if required, will be billed at current rates. Costs of collection (if any), including fees for our time and legal fees, will be added to billings. Billings will be rendered monthly or at appropriate times during the progress of the case. Payment is anticipated within twenty (20) days of the bill date. A charge of 2% per month or fraction thereafter shall be applied to any outstanding amount as liquidated damages. 1002 Mainstreet Hopkins, MN 55343 952-933-6161 INFO@GUYENGINEERING.COM Engineering & Forensic Services GUY ENGINEERING CORP. FILE No. 16-003-017 PAGE 2 OF 2 9100 COUNTY ROAD 19, CORCORAN, MN March 9, 2016 It is understood that our services are as an independent professional consultant, and that payment for same shall be made promptly and is not contingent upon the results of any legal action, arbitration, settlement, or collection. Please sign and return this agreement. Upon receipt of same we will make a written validation to you of the agreement. Pending such, the use of our name is prohibited and we reserve the right to accept assignment by others in lieu of your firm. Geoffrey G. Jillson, PE, Principal PROPOSED AGREEMENT ACCEPTED: By: _____________________________ Title: ______________ Date: ___________ Printed name: ___________________________ AGREEMENT CONFIRMED: By: _____________________________ Geoffrey G. Jillson, P.E. Date: ___________ *HRIIUH\*-LOOVRQ3( March 9, 2016 Brad Martens City of Corcoran 8200 County Road 116 Corcoran MN 55340 bmartens@ci.corcoran.mn.us RE: Public Works building floor settling issue Guy Engineering File Number 16-003-017 This proposal letter is in response to our telephone discussion on March 8, 2016, regarding the floor settlement issue at the new Public Works building. We understand that floors have settled in the restrooms and at another location. In the restroom, this was resulted in dislocations of the partitions in the stalls. We understand that some testing has been done and that the city was the general contractor on the project. This letter outlines the general work that we would anticipate doing to identify the extent and cause of the issue of the floor settlement and to make recommendations for repair. • We would recommend that an initial site inspection at which we would take elevation measurements of the affected areas and the building to obtain facts to determine relative movements. • Review design drawings for the building. • Review geotechnical report for the site. • Review testing that has been done to date to try and identify the problems. • Review data as available to determine movements. • Take our own elevation data using electronic level. After phase 1 review, we may determine that additional testing, such as corings or borings be performed at that time. For the phase 1 scope of work described above, we would perform the services for $2,500. Based on the outcome and determination of the phase 1 evaluation, as noted above, we may or may not recommend additional testing or investigation. Should additional testing or investigation be warranted in order to provide a basis for making recommendations for repairs, we would advise a scope of additional testing and costs at that time. Thank you for the opportunity to propose services. We trust that this proposal provides you with the information you require. Should you have any questions, please contact this office at you convenience. Respectfully, 1002 Mainstreet Hopkins, MN 55343 952-933-6161 INFO@GUYENGINEERING.COM Engineering & Forensic Services FEE SCHEDULE AND CONDITIONS PROFESSIONAL SERVICES: Principal Engineer $225.00 /hr Staff Engineer $175.00 /hr. Technician $125.00 /hr Administrative/Report Process $57.50 /hr Retainer, Minimum Payment as quoted Principal Engineer/Testimony (see condition 12) Principal Engineer/Testimony Federal Court (see condition 12) EXPENSES: Photographic evidence $3.00 per printed color page Photographic duplicates; $10.00 per photograph; Minimum charge $75.00 V.C.R. tapes, $75.00 per tape. Photo enlargements by special request; Minimum charge $75.00 Infrared equipment charge per day $250.00 Mileage $0.65/mi Evidence handling (minimum fee) $75.00 Evidence Storage; minimum $50.00 per month Other: travel, long distance calls, exhibit, materials, shipping, Subcontracted services, lab fees etc. Our cost + 25% ADDITIONAL TERMS AND CONDITIONS: 1. All time is measured portal to portal. Travel time outside of the Twin Cities Metro area may be billed at a reduced travel rate at the discretion of the Engineer. 2. Retainer/minimum payment, will be credited against Final Invoice and non refundable minimum fee of $1,500.00. 3. Unless otherwise agreed to in writing, the "client" is the person to whom the cover letter is addressed along with their employer if it is included as part of the client's address. The individual client warrants his or her authority to bind the principal. If one or more other parties are to be responsible, each must sign a copy of the cover letter and each attachment page and return them to the Guy Engineering Corporation office. In the event responsibility for the project changes hands, or in the event of a change of personnel, no entity is relieved of the responsibility without the written approval of Guy Engineering Corporation. 4. In the event the individual addressee is employed by a public agency and that agency is to be responsible, the individual addressee warrants his or her authority to bind the public agency unless otherwise stated in writing or unless the agreement is executed by the appropriate authority. 5. The client is responsible for paying all fees and expenses of Guy Engineering Corporation related to the engagement. This shall include activities in response to discovery efforts by other parties. As a courtesy, if the client wishes, Guy Engineering Corporation may bill opposing parties for the time and expenses involved in responding to discovery. Credit will be given for payments received pursuant to this billing. Guy Engineering Corporation may terminate services immediately and without notice in the event of unpaid invoices or overdue payments. Complete payment for consultation services shall be paid prior to providing testimony. 6. Trips requiring overnight stays will be billed for time spent on the project between 8:00 a.m. and 6:00 p.m., or such greater time as is actually worked and/or traveled. 7. Guy Engineering Corporation reserves the right to bill lost or wasted time in the event of a cancellation, or changes in schedule including changes prompted by subpoena actions, whether the cancellation or changes are caused by the client or any other parties. 8. Fees and expenses may be billed monthly or as time and expenses accrue, unless other arrangements are made with Guy Engineering Corporation. 9. Rates are subject to change on a calendar year basis without other notice. 10. Payment is due from the client within twenty (20) days of the invoice, unless different arrangements are made with Guy Engineering Corporation. Guy Engineering Corporation will charge a late fee of 2% per month as liquidated damages, $50.00 1002 Mainstreet Hopkins, MN 55343 952/933-6161 Engineering & Forensic Services GUY ENGINEERING CORPORATION FEE SCHEDULE, TERMS AND CONDITIONS Page 2 of 2 minimum, on all invoices not paid within twenty (20) days of receipt by the client plus fee for engineers time at present billing rates in preparing late billing invoices. The client shall pay any and all collection costs, including costs for time incurred by engineers office, any and all legal fees and costs, plus appellate fees incurred by Guy Engineering Corporation in connection with collection of its account. Any collection or other proceedings shall be pursuant to Minnesota Law and in the venue of Hennepin County. 11. Unless expressly agreed by Guy Engineering Corporation in writing, any cost estimates for services stated are for the client's budgeting purposes only and are not quotes which are binding on Guy Engineering Corporation. 12. The minimum non refundable fees for preparation and testimony or for reserving date for said are for each day or fraction of a day which Engineer reserves for or gives testimony whether requested or demanded by any party or the Court. Minimum fees for cancellation of scheduled dates for testimony regardless of reason for cancellation: ($2,400.00) for two (2) day or same day notice. ($1,600.00) for three (3) day notice. ($1,300.00) for (4) or more days notice. The minimum non refundable payment of $2,850.00 shall be received in our offices at least 10 days prior to our scheduling a date for deposition or testimony. The minimum payment will cover 1 day or any part thereof and 6 hours preparation time. Depositions shall not exceed 8 hours clock time which shall include 45 minutes for lunch and two 15 minute breaks and breaks for restrooms as deemed appropriate by the witness. Should it be necessary to continue beyond 8 hours time including travel, the deposition shall be continued on another day which is convenient to the schedule of the witness and other parties. Additional testimony shall be billed in full day blocks prepaid as per the above. Minimum non refundable prepaid fee for reserving date or for testimony in Federal Court or depositions associated with matters in Federal Court shall be $3,000.00. 13. In the event that any employee, former employee, contract personnel, outside consultant or associate is subpoenaed for any reason by any party, client agrees to pay the full daily rate of the principal of this firm to Guy Engineering Corporation in addition to any fees paid to the person subpoenaed. A full copy of any deposition or testimony transcripts shall be provided immediately to Guy Engineering Corporation. Terms of payment shall be as per the above. It is understood that the services are as "Expert" witness. The client agrees that should any party indicate that they intend to or actually proceed to subpoena any person associated with Guy Engineering Corporation as a "Fact", "Expert", "Adverse" or other witness that the client will aggressively protect and defend the individual and Guy Engineering Corporation. This will include but not be limited to making and defending motions to quash such actions. Client shall be responsible for payment of all fees for time expended by personnel of Guy Engineering Corp. as relates to such actions. Service of process will not be accepted at the private residence of any employee of Guy Engineering Corp. 14. Photographic negatives, V.C.R. tapes, computer software, drawings, notes, reports and other documents prepared by Guy Engineering Corporation are instruments of service and shall, unless otherwise agreed, remain the property of Guy Engineering Corporation. Photographs and videotapes are copyrighted work product of Guy Engineering Corporation. No duplication or use is permitted without prior written consent of Guy Engineering Corporation. 15. The client agrees that the engineer's name and identity, and the name and identity of his employer Guy Engineering Corporation, may not be used in connection with this or any other project, matter or case in negotiation or otherwise, without payment of Guy Engineering Corporation's minimum fees. Minimum fee $1,500.00 or as otherwise agreed upon in writing. 16. These terms and conditions, including the form of the fee schedule, were derived from forms copyrighted by the National Academy of Forensic Engineers. The Academy reserves all rights to its copyrighted forms, except that members in good standing are automatically licensed by the Academy to use its forms in part or in whole provided this paragraph is reprinted in its entirety therein. RELEASE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT: The client or signatory of the retainer agreement or requester of services or receiver of services and any other person, firm or corporation having an ownership or management interest in said firm, their heirs, clients, executors and assigns hereby agree to release, hold harmless, indemnify and protect Guy Engineering Corporation (Engineer) and any and all personnel associated with or employed by said firm including any and all heirs, assigns, or successors from any and all claims and demands of any kind including any and all claims and demands for personal injury, property damage and death, whether said injuries be known or unknown, including the known and unknown consequences of said injury which may be suffered or sustained in connection with or associated with said services or relationship. And, in consideration of receiving engineering services, the Signatory agrees to hold harmless, and indemnify the engineer, from all claims of distress, and/or damages, whether known, unknown, whether caused or related to the engineering services, including attorneys fees, consequential damages, injury or any type of loss, including loss of use, award, revenue and costs of repairs or replacement of any structures, systems, and/or equipment. The client agrees that any claims against the engineer shall not exceed the amount of the fee for services. The signatory agrees to promptly pay for services rendered as per the terms stated above. Signatory agrees to pay all fees including attorney's fees and engineers time billed at current rates which may be incurred associated with collection of fees. March 22, 2016 City of Corcoran Public Works Department Attention: Mr. Brad Martens 9100 County Road 19 Corcoran, MN 55374 RE: Proposal for Geotechnical Services Corcoran Public Works Facility Floorslab Settlement Evaluation Corcoran, Minnesota NTI Proposal P6192 We are pleased to submit our proposal to perform Geotechnical Services for the above referenced project. NTI understands that a portion of the floorslab, within the recently constructed Public Works facility in the City of Corcoran, has experienced settlement in excess of typical industry standards. This excess settlement has brought into question the suitability of the in place soil conditions for support of the floorslab only. NTI understands that the structural components of the building, exclusive to the floorslab, appear to be performing within industry standards to the this point in time. The purpose of this study is: 1) To review the available project data 2) Perform a limited field exploration to gather additional data as to the in place soil density below the slab. 3) Evaluate the existing and newly gathered data to ascertain to the extent possible the likely sources of floorslab settlement. 4) Assist in the development of a practical work plan to remediate the floorslab. SCOPE OF WORK The following is our proposed work scope based upon the information available to NTI at this time. NTI will review all available project data in regard to the original geotechnical evaluation, civil site grading plans, quality control testing documentation, any previously prepared reports specific to the project, and any other documentation provided that is deemed pertinent provided by the City. Proposal for Geotechnical Services Public Works Facility Floorslab Settlement Evaluation Corcoran, Minnesota In addition, a Senior Geotechnical Engineer will visit the project site in order to visually observe the site conditions and to direct NTI personnel in the gathering of additional field data. NTI will core up to five locations within select areas of the slab and advance hand auger probes to a depth of approximately 5 feet below the floor slab elevation. The purpose of these probes is to collect additional soil samples for laboratory analysis. NTI will backfill the probe locations and patch the concrete slab with grout. The removal and remediation of the existing floor coverings would be the responsibility of others and shall be performed at their expense exclusive of NTI These tests may include: 1) Moisture/Density testing 2) Atterberg Limits 3) Percent passing the #200 sieve 4) Standard proctor testing NTI will then prepare a report based upon the findings. The report will include our engineering opinions and recommendations regarding: 1. Likely causes as to the localized slab settlement within existing structure. 2. Recommendations for floorslab remediation option(s) Further services could include litigation support and expert witness testimony. The rates for these services are not included in our fees within this proposal and would be performed according to our standard fee schedule or as otherwise subsequently negotiated. DELIVERABLES NTI will provide two (2) paper copies and a PDF of the final report to the client. CONFIDENTIALLITY NTI agrees to keep the terms of this engagement including all provided data/information/documents, the results of the investigation/analysis/testing and any proposed work plan including draft and/or final reports confidential. COST We will perform the work scope outlined above for a lump sum fee of $4,500. Any additional consulting services or assistance with litigation would be invoiced as per the attached Standard Fee Schedule. Proposal for Geotechnical Services Public Works Facility Floorslab Settlement Evaluation Corcoran, Minnesota SCHEDULE Upon receiving authorization to proceed, the field work will typically begin in approximately 5 business days or authorization to proceed and granting of access. The report will be issued to you within 7 to 12 business days of completion of the field work. ACCEPTANCE Please indicate your acceptance of this proposal by signing on the signature block below, and returning a copy to us. The attached General Conditions are an integral part of this proposal. This proposal is effective until May 30, 2016. We thank you for the opportunity of submitting this proposal and look forward to working with you through both the design and construction phase of this project. If you have any questions regarding this proposal please contact the undersigned at 763-433-9175. NORTHERN TECHNOLOGIES, INC. Kyler R. Bender, P.E. Construction Services Manager / Principal Engineer Ryan M. Benson, P.E. Regional Manager/Principal Engineer Attachments: General Conditions Standard Fee Schedule CITY OF CORCORAN By:___________________________________ Printed Name:__________________________ Title:_________________________________ Date:_________________________________ Standard Fee Schedule 1. PERSONNEL RATES Principal Engineer .......................................................................................................... $195.00 per hour Associate Engineer ........................................................................................................ $175.00 per hour Senior Engineer, Senior Consultant ............................................................................... $155.00 per hour Project Engineer, Geologist, Project Manager .............................................................. $110.00 per hour Engineering Assistant, EIT ................................................................................................ $80.00 per hour Special Inspector (ICC or PTI Certified) ............................................................................ $72.00 per hour Structural Steel Special Inspector (ICC or AWS Certified) ............................................... $85.00 per hour Senior Technician (MnDOT Certified) .............................................................................. $60.00 per hour Engineering Technician (ACI Certified) ............................................................................ $57.50 per hour Engineering Intern ........................................................................................................... $52.50 per hour Drill Crew Chief ................................................................................................................ $80.00 per hour Drill Crew Helper ............................................................................................................. $65.00 per hour NDT Level III Technician, PT, MT, RT, UT ....................................................................... $105.00 per hour NDT Level II Technician, PT, MT, RT, UT .......................................................................... $95.00 per hour Administrative Assistant .................................................................................................. $55.00 per hour Clerical/Typist .................................................................................................................. $52.00 per hour Notes: All personnel rates include OSHA Level D safety protection. Level C or greater protection may result in a higher hourly rate. Saturday work and over 8 hours on single project in a given day, when required by client, will be charged at 125% of standard rate. Sunday and holidays, when required by client, will be charged at 150% of standard rate Trial preparation, depositions and testimony charged at 150% of standard rate. Travel and out of town days charged a minimum of 8 hours. 2. TRAVEL AND REIMBURSABLE EXPENSES Automobile/light duty truck .............................................................................................. $0.75 per mile 3/4-ton truck/mobile lab van ............................................................................................ $1.00 per mile Drill truck/ tractor & trailer ............................................................................................... $2.00 per mile Travel expenses (airfare, ground transportation, meals, lodging, etc) ................................................................................................... Actual cost x 1.15 Special materials and rental equipment acquired for specific project ........................................................................................................... Actual cost x 1.15 Sub-consultant fees ....................................................................................... Actual cost x 1.15 Freight/shipping fees ..................................................................................... Actual cost x 1.15 Copies Black and white .................................................................................................... $0.10 per copy Color ..................................................................................................................... $0.25 per copy External ............................................................................................. Actual cost x 1.15 Standard Fee Schedule 3. DRILLING & EQUIPMENT RATES Truck-mounted drill, support vehicle, 2 person crew ................................................... $275.00 per hour Track or floatation tire all-terrain drill, support vehicle, tractor w/lowboy, 2-Person crew.............................................................................................. $300.00 per hour Grout plant .................................................................................................................... $250.00 per day Steam cleaner ................................................................................................................ $145.00 per day Coring machine, water tank ............................................................................................ $95.00 per day Core barrel wear ............................................................................................................... $3.50 per inch Generator ........................................................................................................................ $35.00 per day 4. SPECIALIZED EQUIPMENT RENTAL Nuclear density gauge ..................................................................................................... $55.00 per day Floor flatness profiler ...................................................................................................... $75.00 per day Field vane shear ............................................................................................................. $325.00 per day Pressuremeter .............................................................................................................. $670.00 per day Pile driving analyzer ..................................................................................................... $1550.00 per day Double ring infiltrometer & water tank ........................................................................ $145.00 per day Electrical resistivity ........................................................................................................ $124.00 per day Inclinometer (one day minimum) .................................................................................. $195.00 per day Vibration Monitor (one week minimum) ...................................................................... $450.00 per week Schmidt Rebound Hammer (one day minimum)............................................................. $90.00 per day Windsor Probe Gun (one day minimum) ........................................................................ $78.00 per day plus ..................................................................................................................... $45.00 per probe Ultrasonic Equipment (one day minimum) ................................................................... $200.00 per day Speedy moisture tester ................................................................................................... $35.00 per day Maturity meter ................................................................................................................ $50.00 per day plus ..................................................................................................................... $50.00 per probe Intumescent fireproofing thickness gauge ........................................................................ 20.00 per day 5. MATERIALS Concrete Patch ................................................................................................................ $15.00 per bag Bituminous cold patch ..................................................................................................... $15.00 per bag Concrete grout................................................................................................................. $15.00 per bag Bentonite chips ................................................................................................................ $15.00 per bag Temporary water level indicator ....................................................................................... $3.50 per foot Inclinometer casing ......................................................................................................... $18.00 per foot Crack monitors ................................................................................................................ $35.00 each Moisture vapor transmission test kit .............................................................................. $50.00 each Standard Fee Schedule 6. LABORATORY TESTS OF SOILS AND AGGREGATES (includes labor and materials unless noted) Water content and density Direct measurements by caliper and pi tape ..................................................... $46.00 per test In-tube measurements method ......................................................................... $68.00 per test Water content only (ASTM: D2216) ................................................................... $16.50 per test Atterberg Limits Plasticity Index (ASTM:D4318) ......................................................................... $115.00 per test Liquid Limit or Plastic Limit Only ........................................................................ $75.00 per test Shrinkage Limit (ASTM:D427) ............................................................................. $65.00 per test Linear shrinkage (Bar Method) ........................................................................................ $70.00 per test Mechanical analysis of soils Through No. 200 sieve bank run material only no preparation required (ASTM:C136 & D1140) ...................................................................................... $115.00 per test Through No. 200 only (ASTM:D422), no preparation required ......................... $70.00 per test Through .001 mm by hydrometer method (Specific gravity and mechanical analysis extra) .............................................. $225.00 per test Sample preparation for cohesive soil ................................................................. $75.00 per test Base aggregate analysis Mechanical analysis through No. 200 sieve (ASTM: C136 and ASTM: C117) ... $125.00 per test Shale content on total sample basis (Minus No. 4 and plus No. 200 fraction) $110.00 per test Aggregate for Portland Cement Concrete Mechanical Analysis and Deleterious Materials (ASTM: C136, C117, C123 and C40 or C142) Fine Aggregate, (ASTM: C33 or MnDOT 3126) .................................... $210.00 per test Course Aggregate,( ASTM: C33) .......................................................... $110.00 per test Coarse Aggregate, (MnDOT 3137)....................................................... $125.00 per test Mechanical Analysis only, (ASTM C136) ................................................ $58.00 per test Deleterious Materials only, (ASTM: C117, C123 and C40 or C142) Fine aggregate ....................................................................................... $85.00 per test Course aggregate................................................................................... $85.00 per test Deleterious Materials only, (MnDOT Procedure) Fine Aggregate ..................................................................................... $155.00 per test Coarse Aggregate ................................................................................ $250.00 per test Shale content by heavy liquid (Sp Gr 2.0-2.4) with examination. .................... Special Quotation Specific gravity and absorption Fine Aggregate, (ASTM: C128 or AASHTO T84) ................................... $156.00 per test Course Aggregate, (ASTM: C127 or AASHTO T85) .............................. $116.00 per test Unit Weight, (ASTM: C29 or AASHTO T19) (loose or rodded) fine or coarse aggregate ....................................................................... $90.00 per test Soundness of aggregate, sodium sulphate or magnesium sulphate (does not include crushing) Fine or coarse aggregate (not including gradation) (ASTM: C88, AASHTO T104 or MnDOT Procedure), 5 cycles ............................................................... $525.00 per test Cost per cycle per pan when over 5 cycles ........................................... $62.00 per test Standard Fee Schedule 6. LABORATORY TESTS OF SOILS AND AGGREGATES (CONTINUED) (includes labor and materials unless noted) Ledgerock soundness (ASTM: C88 or AASHTO: T104) 5 cycles on 50 pieces, 100 grams each ................................................................................................ $464.00 per test Los Angeles Rattler (LAR) (ASTM: C131 or AASHTO: T96) abrasion loss of coarse aggregate (does not include crushing) .............................................................................. $170.00 per test Aggregates for Bituminous Mixtures Mechanical Analysis Bituminous aggregate 3.4-in.-No.200, (ASTM; C136 and C117)$90.00 each Total spall material, (MnDOT Procedure) Minus No. 4 fraction ............................................................................ $172.00 each Plus No. 4 fraction ............................................................................... $164.00 each Thin and elongated particles ............................................................................ $210.00 each Soft particles ..................................................................................................... $115.00 each Percent crushed (+No. 4 fraction) ...................................................................... $95.00 each Percent Non-igneous ........................................................................................ $328.00 each Mechanical analysis of mineral filler through No. 200 sieve, ASTM D546 ....... $172.00 each Test of mineral filler, (MnDOT Procedure) ....................................................... $334.00 each Freeze-thaw test of coarse aggregate, 16 cycles, 0.5% alcohol water, (MnDOT Procedure) ......................................................................................... $710.00 each Aggregate stripping test 15 minutes agitation (U.S. Corps of Engineers, FAA 401-2.1 or AASHTO T182) .................... $235.00 each Anti-Stripping additive, (MnDOT 3161) ............................................................ $365.00 each Specific gravity of mineral soils (ASTM: D854) .............................................................. $115.00 per test Specific gravity of organic soils (ASTM: D854) .............................................................. $130.00 per test Organic content of soil .................................................................................................... $85.00 per test pH (ASTM: D4972 Method B or ASTM: G51) ................................................................... $34.00 per test pH (ASTM: D4972 Method A) .......................................................................................... $56.00 per test Sulfate content ................................................................................................................ $46.00 per test Chloride content .............................................................................................................. $56.00 per test Moisture Density Relationship of Soil Standard Proctor, method “A” & “B” (ASTM: D698, AASHTO T99) ................. $145.00 per test Standard Proctor, method “C” (ASTM: D698, AASHTO T99) ............................ $190.00 per test Standard, One-point addition or reduction........................................................ $40.00 per test Modified Proctor, method “A” & “B” (ASTM: D1557, AASTHO T180) ............. $170.00 per test Modified Proctor, method “C” (ASTM: D1557, AASTHO T180) ........................ $235.00 per test Modified, one-point addition or reduction ........................................................ $50.00 per test Sample preparation of lean cohesive soil .......................................................... $35.00 per test Sample preparation of fat cohesive soil ............................................................. $65.00 per test Permeability Testing Granular soils, less than 10% fines (ASTM:D2434), includes sample preparation$300.00 per test Peats, saturated (ASTM: D4511) ...................................................................... $360.00 per test Flexible wall (ASTM: D5084) ............................................................................. $410.00 per test Flexible wall with back pressure, using water as permeant............................. $510.00 per test Standard Fee Schedule 6. LABORATORY TESTS OF SOILS AND AGGREGATES (CONTINUED) (includes labor and materials unless noted) Additional charge for other permeants......................................................................... Special Quotation Collection, additional........................................................................................ $120.00 per test Hand Penetrometer ......................................................................................................... $15.00 per test Hand vane shear (open blades) (ASTM: D4648) ............................................................. $30.00 per test Direct Shear Test (Three tests required for series) Per normal load, cohesionless soil (ASTM: D3080) .......................................... $340.00 per test Direct Shear Test, cohesive soil (ASTM: D3080) ............................................................ Special Quotation Residual strength, cohesionless soil ................................................................. $125.00 per test Residual strength, cohesive soil ....................................................................... $450.00 per test Unconfined Compression Test Cohesive Soil (ASTM: D2166), reporting maximum stress at failure ............... $100.00 per test Cohesive Soil (ASTM: D2166) reporting stress-strain curve ............................ $125.00 per test Rock core (ASTM: D7012) reporting maximum stress .................................... $175.00 per test Triaxial Compression Test (reporting stress-strain curves, per confining pressure) Unconsolidated, undrained (ASTM: D2850) ..................................................... $230.00 per test Consolidated, undrained (ASTM: D4767) ......................................................... $600.00 per test Consolidated, drained Unsaturated ......................................................................................... $420.00 per test Backpressure saturated ....................................................................... $600.00 per test Staged Confining pressure and stress path (other than CU and CD testing .................. Special Quotation Staged permeability – per confining pressure (additional) .............................. $120.00 per test Consolidation Tests, (ASTM: D2435) Sufficient loads to determine P-e curve, up to 32 tsf (Specific gravity and Atterberg limits extra). Reporting P-e and time curves, and computing Cv, Pc, Cc.................................................... $655.00 per test Reporting P-e curve only .................................................................................. $490.00 per test One load test .................................................................................................... $450.00 per test Cyclic loading ..................................................................................................... $45.00 per load Staged permeability (additional) ........................................................................ $72.00 per test Tests of Expansive Soils One-dimensional swell, settlement, swell pressure potential of cohesive soils (ASTM:D4546). ................................................................................................. $460.00 per test One dimensional swell, constant volume ........................................................ $540.00 per test Angle of Repose ............................................................................................................... $62.00 per test Splitting tensile strength (ASTM: D3967) ...................................................................... $120.00 per test Laboratory Resistivity Test Miller box (ASTM: G187) Initial test as received ............... $120.00 per test Additional test, saturated ................................................................................... $75.00 per test Thermal resistivity / conductivity (ASTM: D5334) 2 point test ....................................................................................................... $840.00 per test Dry out curve .................................................................................................. $1080.00 per test One point test (soil) as received ....................................................................... $300.00 per test One point test (grout/cement additive) as received ........................................ $480.00 per test Standard Fee Schedule 6. LABORATORY TESTS OF SOILS AND AGGREGATES (CONTINUED) (includes labor and materials unless noted) R-Value (ASTM: D2844) ................................................................................................. $450.00 per test Pinhole test (ASTM: D4647) .......................................................................................... $460.00 per test California Bearing Ratio, on specimens in the laboratory 3 Densities at 1 moisture content .................................................................... $830.00 per test 1 Density at 3 moisture contents ..................................................................... $870.00 per test 1 Point test ....................................................................................................... $300.00 per test Field CBR on in-place aggregate base or subgrade soil .............................................................. Special Quotation Torsional ring shear Peak shear ........................................................................................................ $360.00 per point Residual shear .................................................................................................. $360.00 per point Residual shear (series of 3 points ..................................................................... $900.00 per test Note: additional charges may occur for contaminated samples, and rush projects (overtime, weekends and holidays) 7. LABORATORY TESTS OF CONCRETE (includes labor and materials unless noted) Tests of packaged combined materials for mortar and moncrete (Sakrete, Handi-Crete etc.), (ASTM: C387) Concrete mix (slump, air content, unit weight, yield and compression) ......... $580.00 per trial Mortar mix (flow, unit weight, yield, compressive strength and water retention)$190.00 per trial Tests on Hardened Portland Cement Concrete Curing, testing, and reporting standard 6 in. x 12 in. or 4 in. x 8 in. cylinders, f.o.b. the laboratory (ASTM C39) ............................................................................................................................ $24.00 each High strength concrete cylinder-accelerated curing of cylinder (ASTM: C684) . $70.00 each Absorption only on 6 in. x 12 in. cylinders or drilled concrete cores, by 24-hour immersion ........................................................................................ $42.00 each Curing, testing and reporting standard 6 in. x 6 in. by 30 in. concrete beams, (ASTM C78 or ASTM C293) Per break (2 per beam) ....................................................................................... $80.00 each Beam mold rental, cleanup and oil for reuse ..................................................... $45.00 each use Splitting tensile strength tests of molded 6 in. by 12 in. concrete cylinders, f.o.b. the laboratory (ASTM C496) First specimen .................................................................................................. $110.00 each Each additional specimen at same time as first test. ........................................ $90.00 each Measuring length of drilled cores according to ASTM C174 or AASHTO T184 (nine point method) First of each set .................................................................................................. $78.00 each Additional sample of set ..................................................................................... $72.00 each Trimming, curing and compression testing drilled core, (ASTM C42) ............................. $72.00 each Concrete mix designs in accordance with ACI 211, (calculated) Regular weight concrete .................................................................................... $78.00 each Standard Fee Schedule 7. LABORATORY TESTS OF CONCRETE (CONTINUED) (includes labor and materials unless noted) Lightweight concrete ........................................................................................ $110.00 each Heavyweight concrete ...................................................................................... $180.00 each Copies of Previous Mixed ................................................................................... $58.00 each Laboratory batch mixing (materials received at the laboratory) .................................. $500.00 each Time of Set, (ASTM C403) Less than 6 hours .............................................................................................. $295.00 each Plus for each hour after 6 hours ......................................................................... $52.00 each 8. LABORATORY TESTS OF ASPHALTIC CONCRETE AND BITUMINOUS MATERIALS (includes labor and materials) Relative density of HMA by Superpave Gyratory Compactor (ASTM: D6925-09) ........ $250.00 each Marshall Density by displacement method (ASTM: D1560) ......................................... $210.00 each Marshall Density, stability @ 140F and flow @ 140F ................................................... $265.00 each Core density by displacement method on submitted samples, includes preparation. .. $45.00 each Bituminous Extraction and Mechanical Analysis of aggregate, (ASTM: D2172, C136 and C117) .................................................................................... $240.00 each Extraction only, (ASTM D2172) ........................................................................ $180.00 each Moisture content, (ASTM; D95) (on recycled mixes) ..................................................... $98.00 each Rice’s maximum theoretical specific gravity (ASTM: D4021) ........................................ $125.00 each 9. LABORATORY TESTS OF MASONARY AND CLAY UNITS, AND MATERIALS (includes labor and materials) Tensile Test of Mortar, (ASTM: C190) ........................................................................... $750.00 set of 3 Curing, testing and reporting standard 2 in. x 4 in. cylinders ......................................... $28.00 each Curing, testing and reporting standard 2 in. cubes ......................................................... $28.00 each Complete test on a set of three blocks including dimensional measurement, compressive strength, absorption, moisture content, density, unit weight and voids (ASTM: C90) ................ $350.00 set Compression only ............................................................................................. $115.00 set Moisture only ................................................................................................... $180.00 set Freeze thaw durability of CMU and related concrete units, (ASTM: C1262) ................ $375.00 each Drying shrinkage test of concrete masonry units, (ASTM: C426) (3 units) or (CRD C73-57) (5 units) First block of complete set ............................................................................... $315.00 each Each additional block of same set .................................................................... $180.00 each Field fabricated samples, f.o.b. the laboratory, 3 high (ASTM: E447) 8 in. and 10 in. (open cores) ............................................................................. $108.00 each 12 in. (open cores) ............................................................................................ $112.00 each 16 in. (open cores) ............................................................................................ $178.00 each Grout Filled Cores .......................................................................................................... Special Quotation Field fabricated samples, f.o.b. the laboratory, 2 high (UBC) 8 in. and 10 in. (open cores) ............................................................................... $84.00 each 12 in. (open cores) .............................................................................................. $90.00 each Standard Fee Schedule 9. LABORATORY TESTS OF MASONARY AND CLAY UNITS, AND MATERIALS (CONTINUED) (includes labor and materials) 16 in. (open cores) ............................................................................................ $132.00 each Grout Filled Cores .......................................................................................................... Special Quotation Test of concrete paving units, including dimensions, absorption, density and compression, (ASTM:C936) .................................................................................................................. $480.00 set Test of Brick-15 specimens ASTM C62 or C216 Complete tests including dimensional measurement, compression, absorption, saturation coefficient and efflorescence ............... $410.00 set Efflorescence Only ............................................................................................ $148.00 set Compression Only ............................................................................................ $148.00 set Absorption and Saturation Coefficient Only .................................................... $284.00 set 10. FIELD TESTING (does not include labor ) Density test nuclear method ........................................................................................... $20.00 per test Density test, sand-cone method ..................................................................................... $25.00 per test Dynamic cone penetrometer (DCP) ................................................................................ $20.00 per test Dynamic cone penetrometer – MnDOT Method (MnDOT-DCP) .................................... $25.00 per test Static cone penetrometer ............................................................................................... $45.00 per test Asphalt concrete pavement density by nuclear method ................................................ $35.00 per test Field resistivity of soil test (ASTM: G-57-06) ................................................................. $135.00 per test Note: Reduced rates may be available for full time and multiple sample services. GENERAL TERMS & CONDITIONS 1.0 CONTRACT a. The foregoing Proposal and these General Terms and Conditions constitute the contract (hereinafter, "Contract") between Northern Technologies, Inc., (hereinafter, "NTI") and the party signing the Client Authorization (hereinafter, "Client") b. If Client directs NTI to proceed with Services (as defined below) prior to execution of this Contract, or if Client allows NTI to continue with Services after having received this Contract, it is understood that each party is bound by the terms and conditions of this Contract whether or not Client has signed this Contract. 2.0 SERVICES a. NTI will provide Client with the services specified in the Proposal (hereinafter, "Services" or "Scope of Services") in accordance with the Contract's terms. Services enumerated in writing in the Contract are considered Basic Services. Services not specifically enumerated in writing in the Contract are not included in the scope of NTI's Services and are not NTI's responsibility. b. Should the need arise for NTI to expand our services in response to conditions or events outside our control, NTI would, under Client’s direction, submit a separate proposal providing such Additional Services. Additional Services are not included under Basic Services nor are they covered by the compensation for Basic Services. c. NTI will provide Services to Client as an independent contractor and not as the Client’s employee, agent, partner, or joint venturer. d. NTI shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the project site. If, while performing the Services any hazardous substances or conditions are discovered or encountered that pose unanticipated risks or costs, it is agreed that the scope of Services, time schedule and the estimated Contract costs shall be reconsidered and that this Contract may, at NTI's option, be re-negotiated or terminated. If the Contract is so terminated, Client shall pay NTI for the Services performed up to the date of termination plus NTI's reasonable termination and demobilization costs and expenses. e. If NTI's performance of the Services is delayed by Client or by any other circumstance beyond NTI's direct and reasonable control, then the time for NTI's completion of the Services shall be automatically extended based upon the duration and impact of each such delay and NTI shall be entitled to additional compensation from Client 3.0 GENERAL RESPONSIBILITIES a. NTI shall not be responsible for the performance of any activity or obligation other than the Services specified in the Contract, and NTI's performance shall not be construed as relieving Client or any third party of their responsibilities. NTI shall have no responsibility for, or any liability pertaining to: (1) the superintending, supervising, or directing of the work of any independent contractor, agent or employee of Client or any third party; or (2) the results or consequences of work performed by any such independent contractor, agent or employee of Client or any third party; or (3) any claims or allegations of rights by any person or party other than Client relating to NTI's Services; or (4) for job site safety at the location which is the subject of this Contract (hereinafter, "Site"). b. NTI will be responsible for obtaining only those government permits, approvals and authorizations that are specified in the Scope of Services of the Contract. NTI is not responsible for project delays, damages or impacts due to the government’s failure to issue said permits in a timely fashion. c. Unless otherwise expressly agreed by NTI and Client in writing NTI’s performance of its Services is solely and exclusively for the benefit of the Client and no party other than Client shall be entitled to rely upon any documentation, representation, report, statement or service made or performed by NTI. 4.0 CLIENT RESPONSIBILITIES a. Client will make available to NTI all known information regarding existing and proposed requirements which affects the work, including but not limited to: specifications, contracts, recommendations, plans and change orders. b. Client will immediately transmit to NTI any new information that becomes available to Client or Client's contractors or subcontractors, so that recommended actions can be reviewed. c. Client will provide a representative to answer questions about the project when required by NTI upon 24-hour notice. d. Client will not hold NTI liable for any incorrect advice, judgment, or decision based on any inaccurate information furnished by or on behalf of Client, and Client will indemnify NTI against liability arising out of or contributed to by such information. e. NTI shall be entitled to additional compensation for all extra work caused by or resulting from the failure of the information provided to accurately describe the Site conditions. f. With the exception of those specified as NTI’s responsibility in the Scope of Services, Client shall timely obtain all necessary permits, governmental approvals and access agreements to allow NTI and its agents access to the Site and any buildings thereon. g. Client is responsible for notifying property owner(s) of the nature, scope and timing of NTI’s work, along with any potential damage that may occur during the execution of said work. h. Client shall provide reasonable safe access to the proposed location of work including but not limited to slopes, distance from unities, removal of site obstructions, etc. 5.0 NTI RESPONSIBILITIES a. NTI will perform its Services consistent with the level of care and skill ordinarily exercised by members of the geotechnical and materials testing profession currently practicing under similar conditions (the "Standard of Care"). No warranty of any kind, expressed or implied, is made by NTI. b. NTI will be responsible for its data, interpretation and recommendations, but will not be responsible for interpretation by others. c. NTI will take reasonable precautions to prevent damage to property. However unless specifically included in the Scope of Services NTI will not be responsible for the repair or cost of repairs of property including but not limited to pavements, turf, walks, vegetation, utilities, irrigation, buildings or any other site improvements. 6.0 INSURANCE a. NTI will carry worker’s compensation insurance and public liability, property damage, and errors and omissions insurance policies, which NTI considers adequate. In addition to any other limitations set forth in this Contract, it is agreed that in no event will NTI be responsible for loss, damage or liability beyond the limits and conditions of NTI's available insurance. NTI will not be responsible for any loss or liability arising from the negligence of Client or by other persons or entities employed by Client. 7.0 COMPENSATION a. NTI’s Proposal specifies if the fee is a fixed fee or an estimate based on set rates. Unless specifically stated in the Proposal Client acknowledges that the fee estimate will not be construed to be a maximum or not to exceed amount. b. NTI will submit invoices to client monthly, and a final invoice upon completion of Services. Invoices will show charges based on current NTI Fee Schedule or other basis agreed upon in writing. A detailed separation of charges and backup data will be provided at Client’s request. c. Client shall notify NTI immediately if there are any issues relating to the invoice format, amounts, name of responsible party or any other factors preventing payment of the invoice as submitted. d. Unless specifically stated in the Proposal, NTI’s fees will not be subject to retainage. e. Unless specifically stated in the Proposal, payment of invoices for NTI Services shall not be contingent upon project financing or payments received by the Client from other parties. f. The Client will pay the balance stated on the invoices unless Client notifies NTI in writing of the particular item that is alleged to be incorrect within fifteen (15) days from the invoice date. NTI will strive to resolve Client’s concerns in a timely manner as long as the balance of the invoice is paid within the terms of this Contract. In GENERAL TERMS & CONDITIONS the event Client fails to bring a billing dispute to NTI’s attention within the 15-day period, Client waives the right to later dispute the invoice. g. Payment is due upon receipt of invoice and is considered past due thirty (30) days from invoice date. On past due accounts, Client will pay a late charge of 1.5(%) per month, or the maximum allowed by law. h. In the event Client fails to pay NTI within sixty (60) days following invoice date, NTI may consider the default a total breach of this Contract and all duties of NTI under this Contract will be terminated. i. Partial payments received will first be applied to accrued late charges, then expenses and then to the principal balance. j. Client agrees that NTI may increase its billing rates/fees on each anniversary of this Contract. 8.0 OWNERSHIP OF DOCUMENTS / SAMPLES a. The Client acknowledges that the reports, data, plans, specifications, representations, correspondence and all other documents prepared by NTI as part of its Services under this Contract (collectively referred to as "Documentation") are instruments of NTI's service to Client. Client agrees to save, defend, indemnify and hold NTI and its officers, directors, shareholders, employees and agents harmless from and against all claims, damages, losses and related expenses (including, without limitation, all reasonable attorney fees, disbursements, expert witness fees and all costs of court and litigation) in any manner arising from or pertaining to: (a) any re-use of the Documentation without the prior written authorization of NTI or, (b) claim(s) by any third party (other than Client) to whom Client distributed or provided any of the Documentation, either directly, through an agent, or by requesting that NTI provide it to the third party, without the prior written authorization of NTI. b. Client agrees that all reports and other work furnished to the Client or his agents, which are not paid for, will be returned upon demand and will not be used by the Client for any purpose. c. NTI will retain all pertinent records concerning Services performed for a period of two (2) years after the report is sent; during that time the records will be made available to the Client during NTI’s normal business hours. d. NTI will retain representative samples for 30 days after submission of NTI report. Upon request by Client, samples can be shipped, charges collect, to destination selected by Client; or NTI can store them for an agreed upon storage charge. 9.0 DISPUTES a. All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this Contract, including, but not limited to, breach thereof, shall be referred for mediation under the then current Construction Industry Mediation Rules of the American Arbitration Association prior to any recourse to litigation . b. In the event of any litigation arising out of or relating to this Contract or the Services, the prevailing party shall be entitled to reasonable attorneys' and experts' fees, court costs and other costs of collection including NTI's labor costs in connection with the prosecution of any collection lawsuit. 10.0 LIMITATION OF LIABILITY a. CLIENT understands that the Services provided by NTI involve the application of scientific and technical skill, judgment and discretion that is not an exact science and that NTI cannot and does not guaranty the results of its Services. Instead, NTI agrees to perform the Services according to the Standard of Care. b. NTI’s liability to the Client and all contractors and subcontractors on the project, for damages due to professional negligence, negligence or breach of any other obligation to Client or others, will be limited to an amount not to exceed $20,000 or NTI's fee, whichever is less. c. Client will notify any contractor or subcontractor who performs work in connection with any work done by NTI of the limitations of liability for design defects, errors, omissions, or professional negligence, and to require as a condition precedent to their performing their work, a like indemnity and limitations of liability on their part as against NTI. In the event the Client fails to obtain a like limitation and indemnity, Client agrees to indemnify NTI for any liability to any third party. d. NTI shall have no liability for any failure to perform or delay in performance due to any circumstances beyond its reasonable control. Additionally, in no event shall NTI be liable or responsible to Client or any other person for any consequential, special, incidental, exemplary, or punitive damages, including but not limited to, governmental fines, penalties or liabilities, lost profits or other economic loss (whether arising from negligence, errors, omissions, breach of contract, breach of warranty, tort, strict liability or otherwise), resulting from any claimed defect or deficiency in the Services provided by NTI or any failure by NTI to provide Services. 11.0 TERMINATION a. This agreement may be terminated by either party upon seven (7) days written notice if there is substantial failure by the other party to perform. Termination will not be effective if substantial failure is remedied before expiration of the seven days. Upon termination other than for NTI's default, NTI will be paid for Services rendered plus reasonable termination expenses. b. If the Contract is terminated prior to completion of all reports contemplated by the agreement, or suspended for more than three (3) months, NTI may complete analysis and records as are necessary to complete its files and may complete a report on the Services performed. Termination or suspension expenses will include direct costs of completing analysis, records and report. 12.0 ASSIGNS a. Neither party may assign duties or interest in the Contract without the written consent of the other party. 13.0 MISCELLANEOUS a. If any provision or provisions of this Contract shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. b. This Contract is the entire agreement between NTI and Client and it supersedes all prior written or oral agreements with respect to the subject matter hereof. No amendment or assignment of the Contract shall be effective unless agreed to in a writing signed by authorized representatives of both parties. c. The provisions of this Contract relating to the limitation of liability and damages, warranties, indemnification, use of plans, specifications, reports and all other Documentation provided by NTI and those specifying choice of law, dispute resolution, notice, waiver, and severability shall survive termination of this Contract. d. The terms of this Contract and its enforcement and interpretation shall be governed by the laws of the state where the project is located. If any provision of this Contract is determined to be unlawful, invalid or unenforceable, that provision shall be severed from the Contract and shall not render this Contract, or any other of its other provisions, unlawful, invalid or unenforceable. 14.0 PRE-LIEN NOTICE a. By signing this Contract Client represents and warrants that it either owns fee title to, or has the legal right to direct NTI to perform Services in connection with, the site of the project and that there is presently nothing to prevent NTI from filing a lien against the site of the project. b. ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. c. UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. STAFF REPORT Agenda Item 10b. Council Meeting: March 24, 2016 Prepared By: Brad Martens Topic: Neighborhood Meeting Agenda – Willow Drive/Larkin Road Improvement Project Action Required: Direction Summary: A neighborhood meeting has been scheduled for Tuesday, March 29th for the proposed Willow Drive/Larkin Road Improvement Project. Invitations were mailed to __ properties; a copy is attached to this report. In advance of the meeting, staff would like feedback on the agenda for the evening. Staff envisions the following schedule: 7:00 – 7:05 Time to get a cup of coffee and get seated 7:05 – 7:15 City Administrator welcomes attendees and describes purpose of meeting 7:15 – 8:00 Opportunity for attendees to share their comments/concerns with project 8:00 – 8:20 Staff/Council discussion reflecting on shared comments/concerns; statement of next steps 8:20 – 8:30 Thank you, adjourn It is requested that the City Council provide direction on the draft agenda prior to the meeting on March 29th. Financial/Budget: Minor costs were incurred to mail invitations, additional minor costs will costs will exist for coffee and some snacks. 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. OPEN AND HONEST COMMUNICATION We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. 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. Page 2 Options: 1. Provide feedback on draft agenda for neighborhood meeting. Recommendation: N/A Council Action: Provide feedback on draft agenda for neighborhood meeting. Attachments: 1. Neighborhood Meeting Invitation CITY OF CORCORAN Willow Drive/Larkin Road Improvement Project Neighborhood Meeting You are cordially invited to attend a neighborhood meeting to discuss the proposed Willow Drive/Larkin Road Improvement Project. The City Council is considering this project as part of its adopted strategic goals which includes “paving gravel collector roads”. The purpose of the meeting is to share information on the proposed project as well as to hear comments/concerns about the proposal. Meeting Details Tuesday, March 29, 2016 7:00 pm (wrap up no later than 8:30 pm) Corcoran City Hall 8200 County Road 116 Corcoran, MN 55340 For those interested in learning more about the project in advance of the meeting; please contact Brad Martens, City Administrator at bmartens@ci.corcoran.mn.us or 763-400-7030. Additionally, information can be found on the City’s website at www.ci.corcoran.mn.us; hover over the “Government” tab then select “Council”; “Agenda Packets”. Information can be found in the following agenda packets: • August 13, 2015: Item 11a begins on page 63 of the PDF • September 24, 2015: Item 10c begins on page 58 of the PDF • November 23, 2015: Item 10b begins on page 91 of the PDF • December 10, 2015: Item 11a begins on page 77 of the PDF • December 21, 2015: Item 10c begins on page 132 of the PDF • January 14, 2016: Item 10d begins on page 91 of the PDF Minutes are also available on the website; hard copies of the documents are available at City Hall for review during normal business hours. This is a public meeting open to anyone; a quorum of the City Council is expected to be in attendance and has been noticed accordingly. STAFF REPORT Agenda Item 11a. Council Meeting: March 24, 2016 Prepared By: Brad Martens Topic: 2016 Fee Schedule Amendments Action Required: Approval Summary: Attached to this report is an ordinance amending the 2016 fee schedule as directed by the City Council. Staff requests approval. Financial/Budget: Minor costs will exist to publish the ordinance. 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. Adopt Ordinance 2016-316 amending the 2016 fee schedule. 2. Send back to staff for further review. Recommendation: Adopt Ordinance 2016-316 amending the 2016 fee schedule. Council Action: Adopt Ordinance 2016-316 amending the 2016 fee schedule. Attachments: 1. Ordinance 2016-316 City of Corcoran March 24, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2015-316 Motion By: Seconded By: AN ORDINANCE AMENDING THE 2016 FEE SCHEDULE The Corcoran City Council ordains as follows: Section 1. Purpose. The Corcoran City Council has determined that the fees to be charged by the City for development, inspections, and other related services shall be adopted by ordinance. Section 2. Amendment of the 2016 Fee Schedule. The fees to be charged by the City of Corcoran for 2016 are listed on the attached Exhibit A, which is incorporated herein; that said fee schedule is hereby adopted. Section 3. Continuation/Amendment. Any amendment to the fee schedule shall be made annually, or more often if necessary, by ordinance; if there are no amendments to the fee schedule, the most recently adopted fee schedule ordinance shall remain in force and effect until amended. Effective Date. This Ordinance shall be in full force and effect upon its publication and passage. ADOPTED by the City Council on the 24th day of March, 2016. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron _______________________________ Ken Guenthner, Mayor ATTEST: __________________________ City Seal Jessica Beise, City Clerk/Administrative Services Coordinator CITY OF CORCORAN 2016 FEE SCHEDULE FEE ADMINISTRATIVE FEE SCHEDULE G/L Records & Service for City Document (Includes Tax) 100-41900-34000 Resident Address List Labels 60.00 100-41900-34107 Assessment Search from County 25.00 100-41900-34000 USB Flash Drive 10.00 100-41900-36210 Interest charge on 30 day past due Escrow accounts 10% 100-41900-34105 Notary Fee - per document 1.00 100-41900-34105 Candidate Filing Fee 2.00 Code Books 100-41900-34105 Code Book (Codes/Zoning/Subd) Binder 65.00 100-41900-34105 Municipal Code Only 35.00 100-41900-34105 Subdivision Code Only 35.00 100-41900-34105 Zoning Code Only 35.00 100-41900-34105 Comprehensive Plan Book Printed - special order 100.00 Copies 100-41900-34105 Copies black/white - up to 8 1/2x14 per page 0.25 100-41900-34105 Copies black/white - 11 x 17 per page 0.55 100-41900-34105 Copies Color up to 8 1/2x14 pp 1.00 100-41900-34105 Copies Color 11x17 1.50 100-41900-34105 Copies Oversize (Larger than 11X17) - Special Order Varies Labor/Staff Research 100-41900-34000 Normal Business Hrs (1 hr min.) per hour 65.00 100-41900-34000 After Hours (1 hr minimum) per hour 100.00 Late Fees / Penalties 100-41941-36200 Returned Check Fee 38.00 100-41941-36200 Delinquent Fee 10.00 100-42400-36200 Permit Cancellation Fee 25.00 Maps 100-41900-34105 Color Maps - on cardstock 3.00 100-41900-34105 Oversized or Laminated - special order Varies 100-41900-34105 Topos - special order Varies Recycling Fee 100-43232-34400 Recycling Fee - Annually 34.50 100-43232-34400 Recycling Delinquent Fee 10.00 100-43232-34400 Recycling Provider Late Fee 1.5% per month Community Room Fees Damage Deposit Required On All Rentals Group 1 Local Non Profit Groups: NW Area Jaycees, Lions, Pioneer Society, Seniors, Athletic Assoc, NW Trails, Corcoran Garden Club, Corcoran Bee Club N/C Group 2 Corcoran Residents 10% discount Community Room Rental Fee - Per Day Includes Kitchen and Memorial Garden 100-41941-34101 Monday - Thursday 150.00 100-41941-34101 Friday 275.00 100-41941-34101 Saturday - Sunday 350.00 Community Room Rental - General Public Non-Profit Groups - Per Day 100-41941-34101 If Contract 6 + time per year (Excludes Saturdays)80.00 per day Conference Room/Council Chamber Rental Fee - Per Day 100-41941-34101 Conference Room/Council Chamber 75.00 Approved Non Profit Public Safety Training Classes 100-41941-34101 Conference Room (up to 10 people)35.00 100-41941-34101 Damage Deposit 350.00 Police Security 100-42100-34201 Police Security serving alcohol (per hr no discount applies)*70.00 100-42100-34201 Police Security serving alcohol (holiday rate per hr no discount applies)*90.00 201-42100-34201 Reserve Officer Event Security (per hr no discount applies)*20.00 City Park - Picnic Facility 100-45200-34101 Rental Fee 80.00 100-45200-34101 Damage Deposit 350.00 CITY OF CORCORAN 2016 FEE SCHEDULE FEE 100-45200-34101 Soccer/Football/Baseball - per field (6 hour usage)30.00 100-45200-34101 Lights (Lions field only) - Additional per game 30.00 100-45200-34101 Tennis Courts - All courts 4 hour usage 30.00 Fields/Tennis Courts Damage Deposit (per season, all groups)350.00 Engraved Memorial Bricks (tax included) 415-45200-36230 4 x 8 Engraved Brick 50.00 415-45200-36230 12 x 12 Engraved Brick 100.00 415-45200-36230 Engraved Stone (Large)135.00 415-45200-36230 Engraved Stone (X-Large)175.00 415-45200-36230 48" Maintenance Free Bench Varies* 415-45200-36230 Concrete Bench - 22 Characters Varies* 415-45200-36230 Granite Bench Varies* *Product and prices subject to change with vendors Licenses & Miscellaneous Permits Liquor/Tobacco License 100-41900-32110 Temporary 3.2 Malt Liquor License - 1 - 4 Day Event 25.00 100-41900-32110 Temporary Malt Liquor License - 1 - 4 Day Event 25.00 100-41900-32110 Temporary 3.2 Malt Liquor License - Annual Max 100.00 100-41900-32110 On Sale 3.2 Malt Liquor 100.00 100-41900-32110 Off Sale 3.2 Malt Liquor 25.00 100-41600-32110 Investigation (New/Transfer License)100.00 100-41900-32110 On Sale Intoxicating Liquor 4,000.00 100-41900-32110 Off Sale Intoxicating Liquor (Fee limited by State Law)150.00 100-41900-32110 Sunday Sale Intoxicating Liquor (Fee limited by State Law)200.00 100-42100-34202 Investigation Fee (New/Transfer License)300.00 100-41900-32110 2:00 am Closing - REMOVE THIS IS PAID TO THE STATE 0.00 100-41900-32110 Tobacco License 150.00 100-45200-36200 Fireworks Permit-Per Event 25.00 100-41900-34103 Hobby Kennel - Annual Fee 75.00 Burning Permit 100-42100-34200 Valid for 1 month 10.00 100-42100-34200 Valid for 6 months 50.00 Driveway Permit 100-43100-34300 Driveway Permit 100.00 Grading & Land Reclamation Permit 100-43100-34300 Under 300 Cubic Yards 35.00 100-43100-34300 Over 300 Cubic Yards - residential 300.00 100-43100-34300 Per acre security fee 250.00 One Acre Minimum (No security fee for under 300 Cubic Yads required) Additional fees may be required as determined by staff Overweight Vehicle Permit Agriculture N/C 100-43100-34300 Commercial Tow Truck 750.00 100-43100-34300 Daily Permit 100.00 100-43100-34300 Seasonal - Emergency (Septic, Liquid Propane & SimIlar)N/C Resident - To and From N/C 100-43100-34300 Seasonal - Home Delivery 250.00 100-43100-34300 No Permit - Double Fee Max $250.00 All Charges are Per Truck - Permits are Restricted Sign Permit 100-41900-36200 No Planning Comm Review - Temporary 25.00 100-41900-36200 No Planning Comm Review - Permanent 150.00 100-41900-36200 Planning Commission Review (Fee/Escrow)150.00/500.00 Utility Permit 100-43100-34300 IE:Comcast, Century Link, CenterPoint Energy, Wright-Hennepin, etc 75.00 Public Safety G/L Police Reports 100-42100-34202 Police Reports - Base Charge 7.00 100-42100-34202 Police Reports - Surcharge (Per Page) *0.25 100-42100-34202 Audio/Video on USB Flash Drive 10.00 100-42100-34202 Normal Business Hrs (1 hr min.) per hour 65.00 CITY OF CORCORAN 2016 FEE SCHEDULE FEE Finger Printing Resident - Child N/C 100-42100-34202 Non-Resident - Child 10.00 Resident - Adult N/C 100-42100-34202 Non-Resident - Adult 15.00 Additional Cards - Resident N/C 100-42100-34202 Additional Cards - Non-Resident 5.00 False Alarm Fire Emergency 100-42100-35101 2-3 In any 12-month period ( Each)75.00 100-42100-35101 4+ In any 12-month period (Each)150.00 False Alarm Police 1-3 In any 12-month period N/C 100-42100-35101 4+ In any 12-month period 100.00 Firearm Permits 100-42100-34200 High Powered Discharge of Fire Arm - Resident**15.00 100-42100-34200 High Powered Discharge of Fire Arm - Non-Resident**20.00 100-42100-34200 Permit to Purchase/Transfer N/C Rental Fee 100-42100-34200 Range contract per day (law enforcement agencies only)50.00 100-42100-34200 Command Post per day 50.00 Vehicle Impound 100-42100-34202 Vehicle Impound Release 10.00 100-42100-34202 Storage Fee Weekly 75.00 Animal Impound 100-42100-35101 1st Offense 50.00 100-42100-35101 2nd Offense 150.00 100-42100-35101 No Kennel License 50.00 Event Security Rates 100-42100-34201 Officer - per hour 70.00 100-42100-34201 Officer - per hour Holiday rate 90.00 201-42100-34201 Reserve Officer - per hour 20.00 *Fee Set By State / **Restricted Public Works G/L Equipment Usage Per Hour (Government Agency Assistance) 100-43100-36200 Tractor/Backhoe 50.00 100-43100-36200 Dump Truck 65.00 100-43100-36200 Front End Wheel Loader 40.00 100-43100-36200 Road Grader 80.00 100-43100-36200 Skid Loader 40.00 100-43100-36200 Wood Chipper 40.00 Labor 100-43100-36200 Per Hour 65.00 Lawn Mowing - Property Cleanup 100-43100-36200 Mowing 1 acre & under 315.00 100-43100-36200 Mowing over 1 acre - $315 + additional hourly rate 85.00 100-43100-36200 Contract tree and weed removal Cost + 65.00 100-43100-36200 Contract rubbish removal Cost + 65.00 Swing Away Mail Box Arms (Sales Tax included) 100-41941-36200 Post only (mailbox not included)65.00 100-41941-36200 Post and Installation (mailbox not included)150.00 Street Department Fees 100-43100-36200 Street Sign Install Labor (Per hour)75.00 100-43100-34301 Dust Control Assessment Established Annually 100-43100-34301 Dust Control (Voluntary) 300' min.Established Annually 100-43100-34301 Dust Control Delinquent Fee 10.00 100-43100-36200 Culvert priced per foot Cost + 65.00 CITY OF CORCORAN 2016 FEE SCHEDULE FEE Planning Development & Zoning Fees Land Use Permit/Application Type Non-Refundable Application Fee Escrow 100-41900-34103 Agriculture Preserve Application - Placement (fee limited by state) 50.00 0.00 100-41900-34103 Agriculture Preserve Application - Removal (fee limited by state) 50.00 0.00 100-41900-34103 Administrative Permit 100.00 1,000.00 100-41900-34103 Certificate of Compliance 80.00 0.00 100-41900-34103 Comprehensive Plan Amendment 1,000.00 2,200.00 100-41900-34103 Conditional Use Permit (CUP)550.00 2,200.00 100-41900-34103 Conditional Use Permit (CUP) Amendment 200.00 1,000.00 100-41900-34103 Environmental Review 500.00 5,000.00 100-41900-34103 Interim Use Permit 500.00 2,000.00 100-41900-34103 Final Plat – Base Fee Regular / OSP 575.00 5,000.00 100-41900-34103 Final Plat – Per Lot Regular /OSP 50.00 0.00 100-41900-34103 Park Dedication Fees (Subdivision Ordinance) Section 955 100-41900-34103 Maximum Fee per residential unit inside the MUSA 4,000.00 0.00 100-41900-34103 Maximum Fee per residential unit outside the MUSA 3,000.00 0.00 100-41900-34103 Preliminary Plat – Base Regular /OSP 600.00 5,000.00 100-41900-34103 Preliminary Plat – Per Lot Regular / OSP 50.00 0.00 100-41900-34103 PUD -Preliminary Development Plan 575.00 5,000.00 100-41900-34103 PUD - Final Development Plan 500.00 5,000.00 100-41900-34103 PUD - Sketch Plat/Plan Review 450.00 2,000.00 100-41900-34103 Rezoning 575.00 2,000.00 100-41900-36200 Sign - Wetland Buffer Sign (per sign - requires site inspection)20.00 0.00 100-41900-34103 Sign - Development Notice Sign $165.00 first sign/ $50.00 each additional 165.00 0.00 100-41900-34103 Site Plan 425.00 1,500.00 100-41900-34103 Site Plan Amendment - Minor 200.00 1,000.00 100-41900-34103 Sketch Plat/Plan Review - Regular / OSP 450.00 1,750.00 100-41900-34103 Topography Exemption, Wetland Waiver, Electronic File Waiver 200.00 1,000.00 100-41900-34103 Vacation 350.00 1,000.00 100-41900-34103 Variance 550.00 2,000.00 100-41900-34103 Zoning/Subdivision Code Amendment 700.00 2,000.00 100-41900-34103 Meeting with City Consultants (first hour no charge)Over 1 hour Contract fee 500.00 2016 FEE SCHEDULE FEE WATER AND SANITARY SEWER FEE SCHEDULE Water rates - residential (monthly use) per 1,000 gallons Tier 1: 0 gallons to 4,999 gallons 1.60 Tier 2: 5,000 gallons to 8,999 gallons 1.92 Tier 3: 9,000 gallons to 19,999 gallons 2.40 Tier 4: 20,000 gallons and over 3.20 Water rates - non residential (monthly use) per 1,000 gallons Tier 1: 1,000 gallons to 20,000 gallons 1.67 Tier 2: +20,000 gallons to 40,000 gallons 2.09 Tier 3: +40,000 gallons 2.51 Water base fees - payable by each user for each month Residential 12.00 Non residential 12.00 Sewer rates - residential (monthly use) per 1,000 gallons Tier 1: All homes billed 8,000 gallons at per 1,000 gallon rate 2.42 Sewer rates - non residential (monthly use) per 1,000 gallons Tier 1: 1,000 gallons +2.42 Sewer base fees - payable by each user for each month Residential 25.00 Non residential 25.00 Late/Past Due Payments Late Payment Penalty 10% of unpaid bill Water Disconnect 65.00 Water Reconnect 65.00 Trunk Line Availability Charge (TLAC) Water Trunk Line Availability Charge (TLAC) - per acre 5,305.00 Sewer Trunk Line Availability Charge (TLAC) - per acre 3,203.00 Connection Fees - City of Corcoran Water Connection Fee (per unit) - Single Family 1,061.00 Water Connection Fee (per unit) - Multi-Family 849.00 Water Connection Fee (per unit) - Non-Residential 1,061.00 Sewer Connection Fee (per unit) - Single Family 1,061.00 Sewer Connection Fee (per unit) - Multi-Family 849.00 Sewer Connection Fee (per unit) - Non-Residential 1,061.00 Connection Fees - City of Maple Grove (Per Maple Grove Fee Schedule) Water Connection Fee (per unit) - Residential/individual laundry facilities 2,235.00 Water Connection Fee (per unit) - Residential/ no individual laundry facilities 1,790.00 Water Connection Fee (per unit) - Commercial/Industrial/Mixed 8,945.00 Water Connection Fee (per unit) - Parks 1,120.00 Water Connection Fee (per unit) - Institutional 8,945.00 Connection Fees - Metropolitan Council Sewer Access Charge (SAC)2,485.00 Meter Fees Meter - standard Cost plus 10% Meter - larger than standard Cost plus 10% Meter Inspection 65.00 City of Corcoran 2016 City Council Schedule Agenda Item 13. Page 1 of 3 April 14, 2016 Council Work Session (Possibly cancel and move to regular meeting) • Anticipated water quality regulations and projected impact April 14, 2016 Open Book Meeting 5:30-7pm • Financial Performance Report • Authorize resolution to issue bonds • City Council Liaison Expectations at Commission Meetings • Public Works Lead Job Description and Recruitment Process • Dust Control Assessment Discussion April 28, 2016, • Planning Project Update • Code Compliance Report • Fire Department Annual Report • Public Hearing – Ravinia 4th Addition vacation • Ravinia 4th Addition PUD Final Plan • Assessing Contract Discussion May 14 , 2016 Council Work Session • Building Rights Discussion May 12, 2016 • 2015 Audit • Consider transferring funds o Remainder in PD expansion bond paid off o Unfunded liabilities • Compensation Survey Results • Appoint Public Works Lead May 26, 2016, • Planning Project Update • Code Compliance Report • Dust Control Public Hearing • Ordinance Amendment for Private Driveways • Southeast and Downtown Design Guidelines • Park Dedication Ordinance Amendment • Solar Garden Ordinance Amendment City of Corcoran 2016 City Council Schedule Agenda Item 13. Page 2 of 3 June 9, 2016 June 23, 2016, • Planning Project Update • Code Compliance Report July 14, 2016 • Financial Performance Report • Appoint Election Judges for the Primary Election July 28, 2016, • Planning Project Update • Code Compliance Report August 11, 2016 • Financial Performance Report August 25, 2016, • Planning Project Update • Code Compliance Report • Night to Unite Recap • Labor Agreement Negotiation Process September 8, 2016 • Financial Performance Report • Preliminary Levy September 22, 2016, • Planning Project Update • Code Compliance Report • 2016 Election Canvassing Date • Corcoran Insert – 2017 Proposed Levies and Taxes Notice October 13, 2016 • Financial Performance Report • Appoint Election Judges for the General Election • Public Hearing – Certifying Delinquent Fees to Hennepin County City of Corcoran 2016 City Council Schedule Agenda Item 13. Page 3 of 3 October 27, 2016, • Planning Project Update • Code Compliance Report November 10, 2016 • Financial Performance Report • Waiver of Labiality Coverage – Statutory Tort Limits Nov. Special Meeting to Canvass Election Results – See Sept 22 November 21, 2016 MONDAY • Planning Project Update • Code Compliance Report • Disseminate City Administrator Performance Evaluation December 8, 2016 • Financial Performance Report December 19, 2016 MONDAY • Planning Project Update • Code Compliance Report • 2016 Year in Review • 2017 Fee Schedule • 2017 General Fund Budget and Property Tax Levy • 2017 Wage Schedule and Benefit Package for City Employees • 2017 Water and Sanitary Sewer Budgets • 2017 City Council Calendar • City Administrator Performance Evaluation