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2016-04-28 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 April 28, 2016 -7:00pm 1.Call to Order / Roll Call 2.Pledge of Allegiance 3.Agenda Approval 4.Open Forum 5.Presentations – Annual Fire Department Reports a.Hanover* b.Loretto* c.Rogers* 6.Consent Agenda a.Draft Minutes of April 14, 2016 Council Meeting* b.Resolution Rescinding Resolution 2016-21* c.Elm Creek Watershed Commissioner Appointment – Jonathan Bottema* d.Hennepin County e-Pollbooks Agreement* 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.Assessing Contract Review* 9.Planning Business a.Public Hearing – Ravinia 4th Addition Vacation (City file 16-004)* b.Ravinia 4th Addition PUD Final Plan and Plat (City file 16-004)* c.Park Dedication Ordinance Amendment – Draft for Council Review (City file 16-006)* d.Solar Ordinance Discussion (City file 16-008)* 10.Unfinished Business a.2015 Surplus Allocation* 11.New Business a.2016 Road Stabilization Program* 12.Unscheduled Items 13.2016 Council Schedule* 14.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 15.Adjournment It e m 5 a . Loretto VoLunteer Fire Department 2015 Year enD report prepareD BY Loretto Fire ChieF JeFF Leuer Item 5b. Loretto Fire BoarD oFFiCers 2015 presiDent JeFF Leuer ViCe presiDent tim rYan seCretarY GreGG Johnson treasurer terrY rYan trustee BiLL rosati trustee riCk aLtenDorF trustee sCott WenDLanD Loretto Fire GrounD oFFiCers 2015 ChieF JeFF Leuer asst. ChieF tim rYan asst. ChieF riCk aLtenDorF Capt. 1 terrY rYan Capt. 2 GreG VanBuren Capt. 3 nate sChLosser Capt. 4 sCott WenDLanD Lt. 1 BranDon sCanLon Lt. 2 tim DoBoszenski Lt. 3 CaLVin CastonGuaY meDiCaL oFFiCer CaroL Dart saFetY oFFiCer GreGG Johnson 2015 Loretto Fire Department memBers riCk aLtenDorF 35 Years tim DoBoszenski 29 Years sCott WenDLanD 28 Years JeFF Leuer 23 Years terrY rYan 20 Years tim rYan 19 Years BranDon sCanLon 19 Years nate sChLosser 11 Years GreG VanBuren 8 Years GreGG Johnson 8 Years CaLVin CastonGuaY 8 Years DaVe kottke 7 Years BiLL rosati 7 Years noah patnoDe 6 Years CaroL Dart 6 Years niCoLe West 6 Years 2015 Loretto Fire Department memBers (Cont.) kYLe kostka 5 Years sCottY piVeC 5 Years Quentin LuCkinG 5 Years BraDen Broekema 5 Years anDreW patnoDe 4 Years Chris WiemeLt 4 Years Jake Leuer 3 Years BrittanY GutneCht 3 Years BranDon JoChum 3 Years maike Johnson 3 Years ranDY BauDLer 2 Year rYan GreGor 2 Year CoDY eLLos 2 Year Chris LeonarD 2 Year LFD memBers resiDenCe •GreenFieLD 8 memBers •Loretto 8 memBers •CorCoran 8 memBers •inDepenDenCe 3 memBers •DeLano (Works in Loretto) 1 memBer •hanoVer (Works in Loretto) 1 memBer •roCkForD (Works in Loretto) 1 memBer •meDina 0 memBers LFD 2015 CaLLs For serViCe CitY 2009 2010 2011 2012 2013 2014 2015 Loretto 36 21 37 28 34 21 15 meDina 45 46 43 46 55 52 45 inDepenDenCe 71 66 55 58 69 53 48 CorCoran 28 36 35 39 67 49 61 GreenFieLD 48 28 33 30 11 23 35 mutuaL aiD 7 15 14 9 9 11 8 totaL CaLLs 235 212 217 212 245 209 212 LFD 2015 CaLLs For serViCe CaLLs meDiCaL Fire aLarm misC Loretto 6 2 13 3 meDina 18 9 3 15 inDepenDenCe 38 4 2 6 CorCoran 20 13 5 14 GreenFieLD 20 5 1 9 mutuaL aiD 2 3 0 3 LFD 2015 staFF hours •CitY CaLLs % staFF hours % •Loretto 15 7 231 7 •meDina 45 21 683 21 •inDepenDenCe 48 23 641 19 •CorCoran 61 29 969 29 •GreenFieLD 35 16 628 19 • •mutuaL aiD 8 4 175 5 •totaL CaLLs 212 100 3327 100 LFD 2015 mutuaL aiD CaLLs Depart. GiVen reCeiVeD hameL 20 3 hanoVer 5 2 mapLe pLain 0 4 mounD 0 1 pLYmouth 1 2 roCkForD 1 1 roGers 3 2 DeLano 0 1 LonG Lake 2 2 st Boni 0 1 st. Louis park 0 1 WaYzata 0 1 exCeLsior 0 2 LFD 2015 DaYs oF Week DaY oF Week CaLLs sunDaY 22 monDaY 36 tuesDaY 29 WeDnesDaY 27 thursDaY 35 FriDaY 32 saturDaY 31 totaL CaLL 212 LFD 2015 times oF DaY CaLL times CaLLs 0:00 – 8:00 42 8:00 – 16:00 88 16:00 – 23:59 82 LFD 2015 response times unDer 5 minutes 113 CaLLs 53% 6 – 10 minutes 83 CaLLs 39% 10+ minutes 16 CaLLs 8% 2015 LFD inFormation traininG hours: 2081 (in house, seCtionaL sChooLs, Fire ChieF anD oFFiCers ConFerenCes, eCt…) non emerGenCY hours: 2175 (paraDes, Fire preVention/open house, panCake BreakFast, niGht to unite, Fire anD storm stanDBY’s , monthLY truCk anD eQuipment CheCks anD repairs to eQuipment, eCt…….) 2015 BuDGet reVenues ContraCts $400,850.00 Donations $26,770.55 GamBLinG $22,902.72 eVents $5,044.08 interest anD rent $6,168.40 Grants $6,127.11 totaL $467,862.86 2015 BuDGet expenses operatinG expenses 2014 $352,414.81 2014 $337,831.00 CapitaL expenses 2015 $77,800.84 2014 $44,127.79 pension expenses 2015 $55,000.00 2014 $55,000.00 2015 totaL $485,215.65 2014 totaL $436,958.79 2016 LFD BuDGet estimate •reVenue CitY ContraCts $405,838.11 Donations $45,000.00 rent $4,800.00 other inCome $6,600.00 Grants $4,800.00 totaL inCome $467,038.11 •expenses operatinG $323,400.00 CapitaL $91,500.00 pension $55,000.00 totaL expenses $469,900.00 Loretto Fire Dept. Cip Category 2015 2016 2017 2018 2019 2020 2012 Utility 11 $ 23,000.00 $ 23,000.00 $ 23,000.00 $ 23,000.00 $ 23,000.00 $ 23,000.00 1992 Rescue 11 $ 45,000.00 $ 45,000.00 $ 45,000.00 $ 45,000.00 $ 45,000.00 $ 45,000.00 1996 Saber Pumper 2000 Dash Pumper 2006 Kenworth Tanker 11 2006 Ford F250 $ 8,000.00 $ 8,000.00 $ 8,000.00 $ 8,000.00 Aerial Ladder 100ft Building Improvements $ 23,500.00 $ 23,500.00 $123,500.00 $ 123,500.00 $ 123,500.00 $ 123,500.00 Homotro Rescue Tool 2006 Scott SCBA's $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 Command Vehicle $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 Confined Space Trailer Rescue Boat Gator Grass Rig OHV Turnout Gear (5) $ 12,000.00 $ 12,000.00 $ 13,000.00 $ 13,000.00 $ 14,000.00 $ 14,000.00 800 Mhz Radios $ 11,000.00 $ 11,000.00 $ 11,000.00 $ 11,000.00 $ 11,000.00 $ 11,000.00 Thermal Imager $ 7,500.00 Totals $ 91,500.00 $ 120,500.00 $210,500.00 $ 210,500.00 $ 210,500.00 $ 210,500.00 Category 2021 2022 2023 2024 2025 2026 2012 Utility 11 $ 23,000.00 $ 23,000.00 1994 Rescue 11 $ 45,000.00 $ 45,000.00 $ 45,000.00 $ 45,000.00 $ 45,000.00 $ 45,000.00 1996 Saber Pumper $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 2000 Dash Pumper $ 50,000.00 $ 50,000.00 2006 Kenworth Tanker 11 2006 Ford F250 $ 8,000.00 $ 8,000.00 Aerial Ladder 100ft $ 80,000.00 $ 80,000.00 $ 80,000.00 $ 80,000.00 $ 80,000.00 $ 80,000.00 Building Improvements $123,500.00 $123,500.00 $123,500.00 $ 123,500.00 $ 123,500.00 $ 123,500.00 Homotro Rescue Tool 2006 Scott SCBA's $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 Command Vehicle $ 6,000.00 Confined Space Trailer Rescue Boat Gator Grass Rig OHV $ 15,000.00 Turnout Gear $ 15,000.00 $ 15,000.00 $ 16,000.00 $ 16,000.00 $ 17,000.00 $ 17,000.00 800 Mhz Radios $ 11,000.00 $ 11,000.00 $ 11,000.00 Thermal Imager Total $340,500.00 $349,500.00 $303,500.00 $ 303,500.00 $ 353,500.00 $ 353,500.00 2016 GoaLs •speC out anD purChase neW resCue pumper •repLaCe utiLitY 13 •CompLete LexipoL poLiCies anD proCeDures •CompLete shareD serViCe Grant proCess With LonG Lake, mapLe pLain anD mounD Questions Dear Ladies and Gentlemen, As Fire Chief of the Rogers Fire Department, I proudly present to you this summary of activities for the year 2015. 2015 Call History: The Rogers Fire Department responded to 436 calls for emergency and non-emergency assistance. There were 167 medical calls and 269 calls for Fire/P.I. Accidents/Calls for service. Fire Contract: The 2016 Rogers Fire Department service contract rate for the City of Corcoran will remain the same as the current contract on file from 1994. The contract amount is calculated by multiplying the 2015 Market Value times .00044. Based on the current rate, the 2016 Fire Contract for the City of Corcoran will be $103,118. Training: In 2015, Rogers Firefighters participated in approximately 1600 hours of training activities. Firefighters trained on structure fire response, fire pumps, forcible entry, auto & bus extrication, ice rescue, confined space, hazardous materials, active shooter, and other emergency related training activities throughout the year. 2016 Budget: Description Budget Description Budget Payroll, Health Insurance, Workers Comp $344878 Fire Prevention $3450 Office Supplies $2000 Communication $37000 Computer Supplies/Equipment $9300 Printing $1150 Training Supplies $900 Insurance $18900 Operation Supplies $10000 Electric $5000 Tools/Equipment $50500 Water $175 Protective Gear $21250 Gas $3500 Fuel/Lubricants $8400 Refuse Disposal $300 Medical Supplies $5000 Sewer $50 Clothing $5000 Security System $225 Legal Fees $1000 Building Repairs $13656 Contracted Services $1500 Vehicle Repairs $22000 Computer Services $6900 Cleaning Service $2500 Telephone $2200 Testing $12500 Vehicle/Equipment Parts $5000 Equipment Leases $1644 Dues/Subscriptions $3100 Training/Conferences $18750 Emergency Management $16,800 Rogers Fire Department 21201 Memorial Drive Rogers, MN 55374 Phone: 763-428-3500 Fax: 763-428-2534 Item 5c. Fire Apparatus/Equipment: Rogers Fire apparatus consists of three 1250 GPM pumpers, a 1000 GPM pumper, rescue vehicle with a mobile air cascade system and incident command center, 3500-gallon water tanker, 100’ ladder truck, Life Safety Trailer for Rehab, two rescue vehicles, a grass rig, inspector vehicle and a Fire Chief vehicle. Specialized equipment includes automatic defibrillators, three sets of Jaws of Life, water/ice rescue equipment, confined space equipment, and hazmat supplies. New Hires: In March of 2015, two (2) firefighters were hired, which brought the Fire Department to full staffing levels of 41 active firefighters. The two new firefighters are required to pass the Agility Test, Health Physical, Background Check, and Psychological Exam. After completing the hiring requirements, the two new firefighters began their firefighter I, II, Hazmat Operations, and First Responder Training. The new firefighters have 2 years to complete the training. iPad Project: In 2015, staff removed the existing MDC unit’s in our fire trucks and installed new iPad units that will provide accurate call information, event locations, nearest hydrants, and units in service. The following Apps were installed with the iPad units: Incident Command/Officer Field Guide, Auto/Extrication, Hazmat Guide documents, real time weather, aerial/GPS mapping, and building preplans. The iPad technology will save the City of Rogers money as well as benefit firefighters responding to emergency calls in our fire district. Self-Contained Breath Apparatus (SCBA) Project: In 2014, the Rogers City Council approved a five-year project to replace the fire departments existing 2216psi SCBA equipment. Per NFPA/OSHA requirements, SCBA equipment is required to be replaced after 15 years of service. In 2015, Engine 21 was updated to the new 4500psi bottles/packs and Engine 11 is scheduled for new air packs in August of 2016. The total cost of the project is approximately $135,000. Grass Fire at Three Rivers Park District on April 5th, 2016 Attached are charts showing Call Type Breakdown, Average Response Times, Calls by Day of Week, and Total Calls by Year. 0 2 4 6 8 10 12 2015 2014 2013 2012 2011 2010 2009 2008 Average Response Time Rogers Corcoran Otsego Fire 21% Fire Alarm 19% Medicals 38% PI Accident/Rescue 13% Hazardous Condition 5% Service Calls 4% Call Type Breakdown I want to thank all firefighters of the Rogers Fire Department for their commitment to excellence and dedication to our communities. Respectfully yours, Bradley W. Feist Bradley W. Feist Fire Chief/Fire Marshal/Emergency Manager CITY OF ROGERS 58 46 72 90 62 50 58 0 20 40 60 80 100 Incidents by Day of the Week 436 595 607 518 445 396 369 438 541 0 100 200 300 400 500 600 700 2015 2014 2013 2012 2011 2010 2009 2008 2007 Total Calls by Year Call Type Rogers Corcoran Otsego Dayton Plymouth Brooklyn Park Crystal Greenfield St. Michael Fire 62 24 2 1 1 1 Fire Alarm 74 7 Medical 124 27 16 PI Accident 46 11 Hazardous Condition 18 5 Service Call 6 2 1 6 2 Total:330 76 18 1 1 6 2 1 1 2015 Activity Summary 436 Total Calls CITY OF CORCORAN City Council Meeting Minutes April 14, 2016 - 7:00pm The Corcoran City Council met on April 14, 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 Engineer Torve, 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 Mike Vander Linden and Conrad Anderson of the company Equalized Assessment Solutions, addressed the Council noting they had provided a quote to the City Administrator for Assessment Services. 5.Presentations No presentations were heard. 6.Consent Agenda a.Draft Minutes of March 24, 2016 Council Meeting b.Draft Minutes of March 31, 2016 Council Meeting c.Renumbering the Resolution – Honoring Outgoing Commissioner Kevin Dale d.Resolution 2016-23 – Northwest Trails Sponsorship e.Land Use Agreement for North West Trails Use of City Land f.Resolution 2016-24 – Ratifying the Ordering of Improvements and Preparation of Plans and Specifications. g.Construction Materials Testing Service – Downtown Utility and Street Improvement Project. Councilor Thomas asked that Item A. be considered separately. Councilor Hank asked that Item f. be considered separately to seek clarification. MOTION: made by LaFave, seconded by Thomas to approve the consent agenda consisting of Items b., c., d., e., and g. Voting Aye: Guenthner, Hank, Keefe, LaFave,and Thomas (Motion carried 5:0) MOTION: made by Hank, seconded by Keefe to approve Item a. Voting Aye: Guenthner, Hank, Keefe, and LaFave Abstain: Thomas (Motion carried 4:0) Councilor Hank asked for additional clarification on Item f. City Administrator Martens noted that during the bond review process there was a technical error and the resolution fixes that error. MOTION: made by Thomas, seconded by LaFave to approve the Item f. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) 7.Claims as Presented a. Escrow Claims (Fund #500) MOTION: made by Keefe, seconded by Thomas to approve the escrow claims as presented. Councilors asked about Beacon Academy expenses. City Administrator Martens noted that an escrow fund had been set up and no City monies had been expended on the project. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas 6a. (Motion carried 5:0) b.All Other Financial Claims MOTION: made by Thomas, seconded by LaFave to approve all other claims as presented incorporating the changes provided. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) 8.Staff Reports / Memos/Commissions a. Financial Performance Report; report received. Mayor Guenthner noted that the largest discrepancy was Workers Compensation Insurance. City Clerk /Administrative Services Coordinator Beise noted there was an overall increase and staff is taking steps to understand experience changes to better budget for next year. Mayor Guenthner asked staff to arrange for Shaun Irwin to attend an upcoming meeting for Councilors to meet our insurance agent. b.City Council Liaison Expectations at Commission Meeting; report received. c.Anticipated Water Quality Regulations and Projected Impact City Administrator Martens presented the report outlining the short-term, mid-term and long-term requirements for the City of Corcoran. Council discussed the report. Elm Creek Watershed Commissioner Jonathan Bottema provided an update to the Council regarding the Watershed Commission and asked that Council formally reappoint him to the Commission. Per consensus, staff was directed to prepare documents to formally reappoint Mr. Bottema at the next meeting. Council discussed identifying TDML contributors and hosting workshops to reduce contributions. 9.Planning Business / Landform No planning items were presented. 10.Unfinished Business No unfinished items were presented. New Business a. Resolution 2016-25 Awarding the Sale of General Obligation Bonds, Series 2016A City Administrator Martens introduced Tammy Omdal of Northland Securities the City’s financial advisor. Ms. Omdal presented the report noting that the City maintained it’s A1 bond rating. Council discussed the rating and effect of the financial management policy. MOTION: made by Thomas, seconded by LaFave to approve Resolution 2016-25 Awarding the Sale of General Obligation Bonds, Series 2016A. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) b. Charter Commission Application – Russell City Clerk/Administrative Services Coordinator Beise presented the report, noting that Ms. Russell was unable to attend the meeting. Council discussed Ms. Russell’s applicable experience and asked that Ms. Russell be invited to a Council meeting to meet Council Members. MOTION: made by Keefe, seconded by Thomas to appoint Jennifer Russel to the Charter Commission for a four-year term. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) c. Public Works Crew Leader – Job Description and Recruitment Process City Administrator Martens presented the report outlining the timeline and process for the recruitment. Council discussed the position and having Council participation in the recruitment process during the interviews. MOTION: made by LaFave, seconded by Keefe to approve the Crew Leader Job description and authorize the City Administrator to being the recruitment process. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) d. Neighborhood Meeting Recap – Willow Drive Improvement Project City Administrator Martens presented the report. Council discussed obtaining additional information regarding gravel versus pavement, creating a criteria for requiring pavement and creating an assessment policy. Per consensus, staff was directed obtain more information. Councilor Thomas asked that the Council create a standard policy for lot width as the Planning Commission be given guidance. Per consensus, Council directed staff to bring additional information back on examples of lot widths. e.2015 Surplus Application City Administrator Martens presented the report, noting that designating funds prior to the final audit will benefit the City by showing a steady increase in reserves. Council discussed their support of the presented items as well as new items. Per consensus, staff was directed to utilize the feedback and bring back associated costs for items to the next meeting. f.Easement Agreements – Downtown Utility and Street Improvement Project City Administrator Martens presented the report, noting the proposed easements costs and that with the agreements as noted staff is under budget. MOTION: made by Thomas, seconded by Keefe to approve and execute the following agreements: PID 26-119-23-11-0048 in the amount of $22,432 PID 23-119-23-42-0004 in the amount of $8,461 PID 26-119-23-11-0022 in the amount of $1,198 PID 26-119-23-12-0017 in the amount of $63,000 PID 26-119-23-11-0046 in the amount of $1,885 PID 26-119-23-11-0013 in the amount of $2,998 PID 26-119-23-11-0016 in the amount of $8,288 PID 26-119-23-11-0045 in the amount of $3,956. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) 11.Closed Meeting a.Consider an Offer for the Purchase of Real Estate – Easement Acquisition for the Downtown Utility and Street Improvement Project Mayor Guenthner 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 2 properties are the subject of the closed meeting: 20045 County Road 10; Unassigned property; PID 26-119-23-11-0006; south of 20101 County Road 50 Mayor Guenthner recessed the regular meeting at 8:50pm. Mayor Guenthner reconvened the regular meeting at 8:59pm. Mayor Guenthner 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. 12.2016 Council Schedule City Administrator Martens reviewed the Council schedule. 13.Council Liaison Calendar The Council liaison calendar was not reviewed, but was available in the Council Packet. 14.Adjournment MOTION: made by Hank, seconded by LaFave to adjourn. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) Meeting adjourned at 9:00pm. ________________________________ Jessica Beise – City Clerk/Administrative Services Coordinator STAFF REPORT Agenda Item 6b. Council Meeting: April 28, 2016 Prepared By: Brad Martens Topic: Resolution Rescinding Resolution 2016-21 Action Required: Approval Summary: At the March 31, 2016 City Council meeting, resolution 2016-21 was approved authorizing condemnation and notice of intent to take possession of a portion of property located at 20175 County Road 50. This resolution was to be acted upon if a negotiated purchase could not be agreed to in a timely manner. Since that time a purchase price has been agreed to and was approved at the April 14, 2016 City Council meeting. Attached to this report is a resolution taking action to rescind resolution 2016-21. Financial/Budget: N/A 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. Council Action: Approve Resolution No. 2016-26 rescinding Resolution 2016-21, “Authorizing condemnation and notice of intent to take possession of a portion of the property at 20175 County Road 50 for the Corcoran downtown utility and street improvement project” Attachments: 1.Resolution No. 2016-26 rescinding Resolution 2016-21, “Authorizing condemnation and notice of intent to take possession of a portion of the property at 20175 County Road 50 for the Corcoran downtown utility and street improvement project” City of Corcoran April 28, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-26 Page 1 of 1 Motion By: Seconded By: RESOLUTION RESCINDING RESOLUTION NO. 2016-21 “AUTHORIZING CONDEMNATION AND NOTICE OF INTENT TO TAKE POSSESSION OF A PORTION OF THE PROPERTY LOCATED AT 20175 COUNTY ROAD 50 FOR THE CORCORAN DOWNTOWN UTILITY AND STREET IMPROVEMENT PROJECT” WHEREAS, the City Council of Corcoran approved Resolution 2016-21 on March 31, 2016 authorizing condemnation and notice of intent to take possession of a portion of the property located at 20175 County Road 50; and WHEREAS, the Council directed staff to act on Resolution 2016-21 if a negotiated purchase agreement could not be achieved in a timely manner; and WHEREAS, the City of Corcoran and the property owner at 20175 County Road 50 have agreed on a purchase amount which was approved at the April 14, 2016 City Council meeting; and WHEREAS, the condemnation and notice of intent to take possession did not take place. NOW, THEREFORE, the Corcoran City Council RESOLVES: that Resolution No. 2016-21, “Authorizing condemnation and notice of intent to take possession of a portion of the property at 20175 County Road 50 for the Corcoran downtown utility and street improvement project” be rescinded. 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 28th day of April , 2016. ___________________________________ Ken Guenthner –Mayor ATTEST: ____________________________________ City Seal Jessica Beise– City Clerk/Administrative Services Coordinator STAFF REPORT Agenda Item 6c. Council Meeting: April 28, 2016 Prepared By: Jessica Beise Topic: Elm Creek Watershed Commissioner - Jonathan Bottema Action Required: Appointment Summary: Jonathan Bottema was appointed to the Elm Creek Watershed Management Commission in 2015. Jonathan is seeking reappointment to his post as Commissioner. Financial/Budget: Commission members serve without compensation. Alignment with Values: This item relates to the following adopted values: EQUAL OPPORTUNITY We believe that every employee and citizen should be afforded an equal opportunity to participate in all aspects of employment, citizenship, and governance in the City of Corcoran based exclusively on their ability to contribute. Council Action: Reappoint Jonathan Bottema to the Elm Creek Watershed Management Commission for 2016. Attachments: N/A STAFF REPORT Agenda Item 6d. Council Meeting: April 28, 2016 Prepared By: Jessica Topic: Hennepin County e-Pollbooks Agreement Action Required: Approval Summary: In 2016 Hennepin County will be implementing e-pollbooks as the mechanism to register voters during the elections. E-Pollbooks will allow electronic records for registration, allow staff and the County to easily update registration books as persons vote absentee and cut down on errors when people sign in the wrong place in the Election Day rosters. Cities will take possession of the e-pollbooks during the election and they will be returned to the County after the election Financial/Budget: Hennepin County will be providing the e-pollbooks to Cities at no cost and there will be no required maintenance fees for the e-pollbooks. 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. 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. Council Action: Approve the Hennepin County e-Pollbooks Agreement. Attachments: 1.Hennepin County e-Pollbooks Agreement Page 1 of 6 Agreement No. A165099 AGREEMENT THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN, a political subdivision of the State of Minnesota (“County”), and the CITY OF CORCORAN (“City”). 1.TERM OF THE AGREEMENT This Agreement shall commence on June 6, 2016 and expire on February 28, 2023, unless cancelled or terminated earlier in accordance with the provisions of this Agreement. 2.EQUIPMENT LICENSE During the term of this Agreement and subject to the terms herein, County hereby provides to City and grants City a limited, revocable, non‐exclusive, royalty‐free license to use 7 KNOWiNK Poll Pad Hardware and Software units, and 2 Verizon Jetpack Hotspot(s) (the “Election Equipment”) exclusively for official election use. Unless County otherwise agrees in writing, said license is restricted to access and use of the Election Equipment by City’s employees, contracted personnel and duly authorized election officials performing election duties and responsibilities on behalf of City. The parties may agree by written addendum executed by all the parties to modify the quantity or definition of the Election Equipment included within the scope of this agreement. County hereby delegates authority to execute such an addendum to the Hennepin County Elections Manager. City hereby delegates authority to execute such an addendum to its ________________. Unless the parties otherwise agree, City shall provide and/or maintain, at City’s sole cost and expense, secure wireless and other telecommunications necessary for the operation of the Election Equipment. Further and as necessary, City shall acquire or otherwise provide all subscriptions, accounts or other licenses necessary for the operation of the Election Equipment. City shall secure, safeguard and control the Election Equipment, including but not limited to system authentication and passwords, in the same manner that City secures, safeguards and controls its own critical or confidential equipment, systems, software, data, passwords or other information. While the Election Equipment is in City’s possession, custody and/or control, City shall exercise best efforts to (i) use and handle the Election Equipment in a manner that avoids damage or harm to the Election Equipment; (ii) use and handle the Election Equipment in accordance with County direction and any third‐party specification; and (iii) safeguard and secure the Election Equipment from theft, loss or other damage. Page 2 of 6 City shall be responsible for implementation of the Election Equipment. Unless the parties otherwise agree, County or its designated third‐party vendor shall be perform all maintenance and repair of the Election Equipment. City shall not repair, change, modify or alter the Election Equipment unless expressly authorized by County or its designee. If any Election Equipment needs repair or maintenance, City shall follow the direction and process provided by County. City acknowledges and agrees that, as directed by County, (i) City may be required to deliver, at City’s sole cost and expense, Election Equipment to County or its designee for maintenance and repair; and (ii) City may be required to provide access to the Election Equipment for inspection, maintenance or repair during City’s regular business hours, including but not limited to granting the right to enter into and upon the premises where the Election Equipment is located. Upon reasonable notice, County shall have the right to enter into and upon the premises where the Election Equipment is located for the purposes of inspecting the Election Equipment or observing its use. On an annual basis, during the term of this Agreement, City shall comply with County’s request for verification of Election Equipment inventory. Upon the express written permission of County’s Election Manager, or her/his designee, City may sub‐license Election Equipment to a school district within City’s territorial boundaries. Said sub‐license shall be made pursuant to a written agreement, between City and the school district and shall include substantially the same terms as those contained herein. 3.OWNERSHIP County represents and warrants and City acknowledges and agrees that County is duly authorized to grant the license herein exclusively for use by City in its official elections. Pursuant thereto, use of the Election Equipment for any other purpose other than that authorized herein is strictly prohibited absent express written consent of County. City acknowledges and agrees that the Election Equipment may contain proprietary and trade secret information that is owned by a third party and is protected under state and federal patent, copyright law or other laws, rules, regulations and decisions. City shall protect and maintain the proprietary and trade secret status of the Election Equipment. 4.DISCLAIMER, LIABILITY AND LIMITATION OF LIABILITY COUNTY, BY AND THROUGH ITS DULY AUTHORIZED VENDOR, IS PROVIDING THE ELECTION EQUIPMENT ON AN AS‐IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR USE, NO WARRANTY OF NON‐INFRINGEMENT, NO WARRANTY REGARDING THE USE OF Page 3 of 6 THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CITY ACKNOWLEDGES AND AGREES THAT COUNTY DOES NOT OWN OR CONTROL THE DATA SOURCE/SYSTEM NECESSARY FOR OPERATION OF THE ELECTION EQUIPMENT. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE PERFORMANCE OF THE ELECTION EQUIPMENT OR RELATED COMMUNICATIONS OR CONNECTIONS TO ANY DATA SOURCE/SYSTEM, THAT THE DATA SOURCE/SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE, THAT THE DATA IS ACCURATE, COMPLETE AND CURRENT OR THAT DATA DEFECTS WILL BE CORRECTED, OR THAT THE DATA SOURCE/SYSTEM IS FREE OF HARMFUL CODE. IN NO EVENT SHALL COUNTY BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT, LOSS OF BUSINESS OR ANY OTHER FINANCIAL LOSS OR ANY OTHER DAMAGES EVEN IF COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. COUNTY’S SOLE LIABILITY AND CITY’S SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LIABILITY FOR ELECTION EQUIPMENT NONPERFORMANCE, ERRORS OR OMISSIONS, SHALL BE LIMITED TO RESTORING OR CORRECTING THE ELECTION EQUIPMENT TO THE EXTENT AND DEGREE COUNTY IS CAPABLE OF PERFORMING THE SAME AND AS IS REASONABLY POSSIBLE UNDER THE PERTINENT CIRCUMSTANCES. Subject to the foregoing limitation of liability and to the provisions (below) regarding responsibility for the costs related to lost, stolen, destroyed or damaged Election Equipment, each party shall be responsible for their own acts and omissions and the results thereof to the extent authorized by law. The parties are not agreeing, in any manner whatsoever, to be responsible for the acts or omissions of the other party. As applicable, County’s liability is governed by the provisions of Minnesota Statutes, Chapter 466 and City’s liability is governed by the provisions of ____________________________. The statutory limits of liability for the parties may not be added together or stacked to increase the maximum amount of liability for either or both parties. 5.ROYALTY FREE LICENSE ‐ OTHER COSTS Except as expressly set forth below, City shall not pay County any amount for the license granted herein. City shall be responsible for the cost and expense of Election Equipment delivery from and to a location as directed by County. Except for routine wear and tear resulting from use in conformance with the terms herein, City shall be responsible for and shall pay all costs, including but not limited to Page 4 of 6 shipping costs, necessary for the repair or replacement of lost, stolen, destroyed or damaged Election Equipment. Upon expiration or termination of this Agreement for any reason, City shall, at City’s sole cost and expense, deliver, or have delivered, the Election Equipment to County or its designee, complete and in good order and working condition, except with respect to Election Equipment with defects attributable to County’s vendor or supplier. 6.TERMINATION This Agreement may be terminated by either party upon seven (7) day written notice to the other. Termination of this Agreement by either party and for any reason shall not relieve City of any duties or obligations hereunder including but not limited to the obligation to safely and securely return and deliver the Election Equipment as set forth above. 7.DATA PRACTICES The parties, their officers, agents, owners, partners, employees, volunteers and subcontractors shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, which may include the Health Insurance Portability and Accountability Act of 1996 (HIPAA). 8.ADDITIONAL PROVISIONS The parties shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted including but not limited to the MGDPA, Minnesota Statutes section 16C.05, subd 5 and Minnesota Statutes section 471.425, subd. 4a and, as applicable, COUNTY’s Affirmative Action Policy. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Page 5 of 6 It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. Except as expressly provided herein, any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. City shall not assign, sublicense or transfer this Agreement or the rights, duties and obligations herein, either in whole or in part, without the prior written consent of County, and any attempt to do so shall be void and of no force and effect. It is expressly understood and agreed that the obligations and warranties of City and County hereof shall survive the completion of performance and termination or cancellation of this Agreement. THE REMAINDER OF THIS PAGE IS BLANK. Page 6 of 6 APPROVAL COUNTY OF HENNEPIN Reviewed by the County STATE OF MINNESOTA Attorney’s Office By: County Administrator Date: Date: CONTRACTOR CONTRACTOR warrants that the person who executed this Agreement is authorized to do so on behalf of CONTRACTOR as required by applicable articles, bylaws, resolutions or ordinances*. CITY OF CORCORAN Printed Name: Printed Title: Date: 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 April 20, 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 Parks and Trails Commission recommended approval at their April 19th meeting and the item is scheduled for a public hearing at the Planning Commission on May 5th and City Council adoption on May 26th. 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. The project is on hold while they work through wetland issues. 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 the requirement that private drives off paved roads must be paved. Staff has tentatively scheduled this item for a public hearing at the Planning Commission on May 5th and City Council adoption on May 26th. 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 Planning Commission recommended approval of the final PUD plan at their April 7th meeting and City Council is expected to take 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 has prepared a draft ordinance for City Council consideration at their April 28th 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. Agenda Item 8a. MEMORANDUM 2 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 prepared a number of issues for 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 Parks and Trails Commission review on April 19th, Public Hearing at the Planning Commission on May 5th and City Council adoption on May 26th. 7.Randahl Construction Conditional Use Permit and Site Plan Amendment at 7241 CR 116 (City file 16-012). Randahl Construction has submitted an application for approval of a CUP and site plan amendment for outside storage at the old Heidi’s property. The application was received on April 19th, staff is reviewing the application for completeness, but expect this item to be scheduled for Planning Commission and City Council in June. 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 with an updated landscape plan and indicated that the planting would occur this month. 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 and approved in April 2015. Final landscaping and close out issues will occur this spring. MEMORANDUM 3 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. The required landscaping will be finalized and constructed after the downtown infrastructure project is completed. The City will release the remaining escrow when the planting is completed. 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 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. 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. STAFF REPORT / Code Compliance Agenda Item: 8b. Council Meeting: April 28, 2016 Prepared By: Mike Pritchard Topic: CODE COMPLIANCE REPORT – March 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 been working with the neighboring property owner on an agreement to remove the items from City property. 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 was referred to the City Attorney and has been to court. As part of the agreement, the City will be conducting progress checks this spring. 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 640101220 1230 23 29 Complaints and Concerns Permits and Zoning STAFF REPORT Agenda Item 8c. Council Meeting: April 14, 2016 Prepared By: Brad Martens Topic: Assessing Contract Review Action Required: None Summary: The City currently contracts with Rolf Erickson Enterprises, Inc. for assessing services. During the approval process for the most recent contract year, staff was requested to review options for assessing services in advance of the following year’s approval. The existing contract is a term of October 1, 2015 – September 30, 2016. Staff requested a quote for the following year from Rolf Erickson Enterprises, Inc. and Hennepin County. Additionally, representatives of Equalized Assessment Solutions have reached out to the City and have provided a quote. The following table shows the quotes submitted: Company/Organization Base Cost Rolf Erickson Enterprises, Inc. $55,500 Hennepin County $59,000 Equalized Assessment Solutions $48,512 Staff will take the next step in reviewing the details of the contracts along with completing a look into the operations and background of Equalized Assessment Solutions as staff is unfamiliar with the company. It is the intention to bring back a formal recommendation at a Council meeting in May. Financial/Budget: The City has budgeted $60,000 for assessing services for 2016. Any contract changes would be reflected in the 2017 budget. Alignment with Values: This item relates to the following adopted values: EXCELLENCE AND QUALITY IN THE DELIVERY OF SERVICES We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional, cost-effective, and friendly manner. FISCAL RESPONSIBILITY We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Page 2 Options: N/A Recommendation: N/A Council Action: N/A Attachments: N/A 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: April 20, 2016 for the April 28, 2016 City Council Meeting RE: Public Hearing. Vacation of Drainage and Utility Easements in Ravinia 4th Addition (city file 16-004) 1.APPLICATION REQUEST The applicant has requested that the City Council hold a public hearing to vacate a number of drainage and utility easements and a temporary cul de sac that are no longer needed. New drainage and utility easements will be dedicated with the new plat. 2.LEVEL OF CITY DISCRETION IN DECISION-MAKING The City’s discretion in approving a vacation is relatively high. If the City finds that the easements are not needed, the City may vacate the easements. 3.ANALYSIS OF REQUEST Lennar requests six vacations: a.There is a drainage and utility easement over the Whitetail Trail access. The access to County Road 101 will be removed as part of this development phase and the old Whitetail Trail cul de sac will be platted as a public street. New standard drainage and utility easements will be provided. b.Additional easements were provided adjacent to the former Haeger property and are no longer needed. These easements would be vacated and new easements would be provided. c.The temporary cul de sac at Carriage Way and Annabelle Lane is no longer needed as the street extensions are completed and it is proposed for vacation. The city planner and city engineer have reviewed the requests, find that the easements are no longer required and have no objection to the vacation. Agenda Item: 9a. Ravinia 4th Addition Vacations (16-004) 2 April 28, 2016 4.RECOMMENDATION The City Council should hold a public hearing and take testimony on the street vacation. Move to adopt the following resolutions for vacation: a.Resolution 2016-27 b.Resolution 2016-28 c.Resolution 2016-29 d.Resolution 2016-30 e.Resolution 2016-31 f.Resolution 2016-32 Attachments a.Resolution 2016-27 b.Resolution 2016-28 c.Resolution 2016-29 d.Resolution 2016-30 e.Resolution 2016-31 f.Resolution 2016-32 City of Corcoran April 28, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-27 Page 1 of 2 Motion By: Seconded By: APPROVING VACATION OF DRAINAGE AND UTILITY EASEMENTS WITHIN THE “RAVINIA” SUBDIVISION (CITY FILE 16-004) WHEREAS, U.S. Home Corporation (dba Lennar) (“the applicant”) has requested approval of an easement vacation within the subdivision: WHEREAS, the subdivision will provide new drainage and utility easements adjacent to new lot lines and over water bodies as required by City Code; WHEREAS, the applicant has requested vacation of the existing easements legally described as follows: See Attachment A W HEREAS, the Corcoran City Council considered this item at a duly called Public Hearing; WHEREAS, the City finds that the existing drainage and utility easements are no longer required as new easements were dedicated with the plat; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the following vacation, subject to the following conditions: 1.The applicant must record the resolution approving the vacation at Hennepin County and provide the City of Corcoran with proof of recording. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron City of Corcoran April 28, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-27 Page 2 of 2 Whereupon, said Resolution is hereby declared adopted on this 28th day of April 2016. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk/Administrative Services Coordinator \ \\ ----=--�-\\ ----1 --1 12 : I 11 : I��r�� I ' I / I � I ,/ o WEST LINE OF THE WEST 0 326. 7 FEET OF THE EAST O653.4 FEET OF THE SOUTH 0 =-= 200 FEET OF THE SE1 / 4 N --OF NE1/4 OF SEC. 36 '\Jf/ '/' ;/! I I �'\ I I I ; I I '---1/1 1/1 If __ ,_, '-1 \ I I -----L, ---) -----..J I ---/-NORTH LINE o( THE sou TH 200 FEET / f OF THE SOUTH 1 /2 SEC. 36 S89 ° II 117 11 E 326. 70 326.70 (J) I"") 0 0 N I 11 ,, w I � I � � EAST LINE OF THE WEST 326. 7 FEET OF w L[) 0 ..;ti"") : Ii �t(', :::0 0.,,. THE EAST 653.4 FEET OF THE SOUTH 200,......_ FEET THE SE1/4 OF NE1/4 OF SEC. 36 0 0 0z :: �\\ � \(, \' SOUTH LINE OF THE SE1/4 OF THE \ NE1/4 OF SEC. 36, TWP. 119, RGE. 23 JOB#: 5401-664-400 FP FIELD CREW: \ \ o ,:::,_ Se \ \\ � S.,tg o//() \ \ �,,.._,,_.___ <t '(' \ \ REVISIONS ESMT. VACATION EXHIBIT 1/30/16 DBP I------------+------------DRAWN BY: DBP I------------+------------CHECKED BY: DBP I------------+------------DATE: \ \ \ SATHRE-BERGQUIST, INC. 150 SOUTH BROADWAY WAYZATA, MN, 55391 (952) 476-6000 EASEMENT VACATION EXHIBIT PREPARED FOR LENNAR OF MINNESOTA EASEMENT VACATION DESCRIPTION Vacating the easement over, under and across that part of the North Half of the Southeast Quarter of Section 36, Township 119, Range 23, Hennepin County, Minnesota described as commencing at the southeast corner of the west 326.7 feet of the east 653.4 feet of the south 200 feet of the Southeast Quarter of the Northeast Quarter of said Section 36; thence on an assumed bearing of North 00 degrees 34 minutes 05 seconds East, along the east line of said west 326. 7 feet of the east 653.4 feet, a distance of 31.33 feet; thence southwesterly a distance of 204.77 feet along an non-tangential curve, concave to the south, having a radius of 492.00 feet, a central angle of 23 degrees 50 minutes 46 seconds and a chord which bears South 78 degrees 53 minutes 33 seconds West for 203.29 feet to the south line of said Southeast Quarter of the Northeast Quarter being the point of beginning; thence North 89 degrees 11 minutes 04 seconds West, along said south line a distance of 217.47 feet; thence southeasterly a distance of 13.44 feet along a non-tangential curve, concave to the east, having a radius of 225.00 feet, a central angle of 03 degrees 25 minutes 22 seconds and a chord which bears South 20 degrees 01 minutes 08 seconds East for 13.44 feet; thence South 89 degrees 11 minutes 04 seconds East, parallel to said south line, a distance of 186.41 feet to the southerly extension of the first described curve; thence northeasterly a distance of 29.13 feet along said southerly extension to the point of beginning. Said Easement currently lies in the plat of Ravinia. Area: 2,533 sq. ft. W;{:'7�1 Denotes Easement Area to be Vacated l hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota Dated this 30th day of January, 2016. SATHRE-BERGQUIST, INC. �L David B. Pemberton, Professional Land Surveyor Minnesota License No. 40344 v\':\Projects\5401-GG4-400 ,P RAVINIA\CAD\C'.10\Survey DWC: HAE:GER R'N-MI\P-L INI<. La out Hau er 1 SCALE IN FEET City of Corcoran April 28, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-28 Page 1 of 2 Motion By: Seconded By: APPROVING VACATION OF DRAINAGE AND UTILITY EASEMENTS WITHIN THE “RAVINIA” SUBDIVISION (CITY FILE 16-004) WHEREAS, U.S. Home Corporation (dba Lennar) (“the applicant”) has requested approval of an easement vacation within the subdivision: WHEREAS, the subdivision will provide new drainage and utility easements adjacent to new lot lines and over water bodies as required by City Code; WHEREAS, the applicant has requested vacation of the existing easements legally described as follows: See Attachment A W HEREAS, the Corcoran City Council considered this item at a duly called Public Hearing; WHEREAS, the City finds that the existing drainage and utility easements are no longer required as new easements were dedicated with the plat; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the following vacation, subject to the following conditions: 1.The applicant must record the resolution approving the vacation at Hennepin County and provide the City of Corcoran with proof of recording. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron City of Corcoran April 28, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-28 Page 2 of 2 Whereupon, said Resolution is hereby declared adopted on this 28th day of April 2016. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk/Administrative Services Coordinator City of Corcoran April 28, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-29 Page 1 of 2 Motion By: Seconded By: APPROVING VACATION OF DRAINAGE AND UTILITY EASEMENTS WITHIN THE “RAVINIA” SUBDIVISION (CITY FILE 16-004) WHEREAS, U.S. Home Corporation (dba Lennar) (“the applicant”) has requested approval of an easement vacation within the subdivision: WHEREAS, the subdivision will provide new drainage and utility easements adjacent to new lot lines and over water bodies as required by City Code; WHEREAS, the applicant has requested vacation of the existing easements legally described as follows: See Attachment A WHEREAS, the Corcoran City Council considered this item at a duly called Public Hearing; WHEREAS, the City finds that the existing drainage and utility easements are no longer required as new easements were dedicated with the plat; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the following vacation, subject to the following conditions: 1. The applicant must record the resolution approving the vacation at Hennepin County and provide the City of Corcoran with proof of recording. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron City of Corcoran April 28, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-29 Page 2 of 2 Whereupon, said Resolution is hereby declared adopted on this 28th day of April 2016. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk/Administrative Services Coordinator City of Corcoran April 28, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-30 Page 1 of 2 Motion By: Seconded By: APPROVING VACATION OF DRAINAGE AND UTILITY EASEMENTS WITHIN THE “RAVINIA” SUBDIVISION (CITY FILE 16-004) WHEREAS, U.S. Home Corporation (dba Lennar) (“the applicant”) has requested approval of an easement vacation within the subdivision: WHEREAS, the subdivision will provide new drainage and utility easements adjacent to new lot lines and over water bodies as required by City Code; WHEREAS, the applicant has requested vacation of the existing easements legally described as follows: See Attachment A W HEREAS, the Corcoran City Council considered this item at a duly called Public Hearing; WHEREAS, the City finds that the existing drainage and utility easements are no longer required as new easements were dedicated with the plat; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the following vacation, subject to the following conditions: 1.The applicant must record the resolution approving the vacation at Hennepin County and provide the City of Corcoran with proof of recording. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron City of Corcoran April 28, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-30 Page 2 of 2 Whereupon, said Resolution is hereby declared adopted on this 28th day of April 2016. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk/Administrative Services Coordinator City of Corcoran April 28, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-31 Page 1 of 2 Motion By: Seconded By: APPROVING VACATION OF DRAINAGE AND UTILITY EASEMENTS WITHIN THE “RAVINIA” SUBDIVISION (CITY FILE 16-004) WHEREAS, U.S. Home Corporation (dba Lennar) (“the applicant”) has requested approval of an easement vacation within the subdivision: WHEREAS, the subdivision will provide new drainage and utility easements adjacent to new lot lines and over water bodies as required by City Code; WHEREAS, the applicant has requested vacation of the existing easements legally described as follows: See Attachment A WHEREAS, the Corcoran City Council considered this item at a duly called Public Hearing; WHEREAS, the City finds that the existing drainage and utility easements are no longer required as new easements were dedicated with the plat; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the following vacation, subject to the following conditions: 1. The applicant must record the resolution approving the vacation at Hennepin County and provide the City of Corcoran with proof of recording. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron City of Corcoran April 28, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-31 Page 2 of 2 Whereupon, said Resolution is hereby declared adopted on this 28th day of April 2016. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk/Administrative Services Coordinator City of Corcoran April 28, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-32 Page 1 of 2 Motion By: Seconded By: APPROVING VACATION OF TEMPORARY TURNAROUND EASEMENT WITHIN THE “RAVINIA” SUBDIVISION (CITY FILE 16-004) WHEREAS, U.S. Home Corporation (dba Lennar) (“the applicant”) has requested approval of an easement vacation within the subdivision: WHEREAS, the subdivision will provide new public streets as required by City Code; WHEREAS, the applicant has provided temporary turnarounds until street connections can be completed in future phases; WHEREAS, the street connection will be completed and the temporary turnaround is no longer needed: WHEREAS, the applicant has requested vacation of the existing easements legally described as follows: See Attachment A W HEREAS, the Corcoran City Council considered this item at a duly called Public Hearing; WHEREAS, the City finds that the existing temporary turnaround is no longer required as new easements were dedicated with the plat; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the following vacation, subject to the following conditions: 1.The applicant must record the resolution approving the vacation at Hennepin County and provide the City of Corcoran with proof of recording. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron City of Corcoran April 28, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-32 Page 2 of 2 Whereupon, said Resolution is hereby declared adopted on this 28th day of April 2016. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk/Administrative Services Coordinator Vacation Description for Temporary Turnaround Easement Vacation of the easement for temporary turnaround purposes over and across that part of Outlot C, RAVINIA, according to the recorded plat thereof, Hennepin County, Minnesota, lying within the circumference of a circle having a radius of 45 .00 feet. The center of said circle is the point of terminus of a line described as beginning at the most northerly end point of the centerline of Carriage Way as dedicated in said RAVINIA; thence northerly, tangent to the most northerly curve of said Carriage Way, a distance of 113.86 feet, and said line there terminating. OUTLOT C DRAINAGE AND UTILITY EASE1.4ENT OVER All OF OUTlOT C f / / / / J Easement Vocation Area I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota Dated this 30th day of January, 2016_ Minnesota License No. 40344 136.05 NB9°43'54"W 3. 1� �!, 1 -- NOT INCLU If\ 200 100 0 100 200 400 ��---�---�-���1--�����: SCALE IN FEET SATHRE-BERGQUIST, INC. 150 South Broadway Ave. Wayzata, MN. 55391 (952) 476-6000 www.sathre.com Easement Vacation Exhibit For Lennar of Minnesota Date, 01-30-16 Revision Date: Plepared By: DBP 'Check By: DBP La�out Sheet: Outlet C Project Number: 5401-664 105 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 D ATE: April 20, 2016 for the April 28, 2016 City Council Meeting RE: Final PUD Development Plan, Final Plat and Development Contract for Ravinia 4th Addition at Gleason Parkway and County Road 101 (City File 16-004) 1.Application Request Lennar submitted a request for approval of Final PUD Development Plan and Final Plat for “Ravinia 4th Addition” to allow 44 single family detached home lots on 14.75 acres. This is part of the “Ravinia” subdivision planned for a total of 437 single family detached home lots on 268.07 acres. The request also includes a modification to the PUD approvals to allow 55-foot wide lots where 60- foot wide lots were approved for this phase and to change the project type from the Lifestyle Villas (association maintained housing) to the Discovery series of single family homes. 2.PLANNING COMMISSION REVIEW The Planning Commission reviewed the final PUD development plan at their April 7th meeting. The Commission voted 4-1 (Schultz voted nay) to recommend approval of the requested change to allow 55-foot wide lots and also required that Lennar landscape the cul de sac island per the approved plan. Other than the applicant, there was no one present to speak to this item. The Planning Commission had significant discussion about the landscape islands. The Planning Commission was not convinced that the no mow lawn that Lennar is proposing for the cul de sac islands is an appropriate application. The Commission noted that they approved the irrigated landscape islands as proposed by Lennar as part of the original approval, they were disappointed with the rocks that Lennar installed without approval in the two islands and expect the rocks to be removed and replaced, and it was up to Lennar to convince the Council that something other than the approved landscape should be installed. The Commission was concerned about the appearance, durability and hardiness of the proposed landscape plantings. Following the Planning Commission meeting, the applicant submitted an updated graphic showing images of the no/low mow lawn. Staff continues to believe that the application of this material in the landscape islands is not appropriate. As part of a larger lawn, berm or open space, this material can be a nice alternative to the tradition lawn, but we do not believe that the cul de sac island is the appropriate application. Staff continues to recommend either: Agenda Item: 9b. Lennar Final Plat & PUD Development Plan – Ravinia 4th (16-004) 2 April 28, 2016 1.Compliance with the approved plans or 2.Installation of a 2-3 foot concrete edge behind the curb and then fill the remainder of the island with a mix of grasses, hardy plants and the tree and that shredded hardwood mulch be used in that landscape area (see the Washington County CSAH 8 image below). If the correct plants are selected and turf is eliminated, no irrigation will be needed. However, the City Council should discuss and provide and modify the resolutions and development contract as needed to reflect Council direction. Condition #15 of Resolution 2016-33 and item #26(H)16 of the development contract both provide the options as recommended by the Planning Commission. 3.CONTEXT Level of City Discretion in Decision-Making The City’s discretion in approving a final PUD development plan is limited to whether or not the proposed plan is in substantial conformance with the approved preliminary PUD development plan. If it meets these standards, the City must approve the final PUD development plan. The City’s discretion in approving a final plat is limited to whether or not the proposed plat meets the standards outlined in the City’s subdivision and zoning ordinance and the conditions of preliminary plat approval. If it meets these standards, the City must approve the final plat. Background The City Council approved a Rezoning to PUD (Planned Unit Development), Preliminary PUD Development Plan and Preliminary Plat on December 23, 2013. Lennar Final Plat & PUD Development Plan – Ravinia 4th (16-004) 3 April 28, 2016 The Final PUD Development Plan and Final Plat for Phase I was approved by City Council on April 24, 2014. The Council amended the Final PUD Development Plan on January 8, 2015 to allow for vinyl siding instead of LP siding on all sides of the homes and to allow 5-foot setbacks for the garage side. In 2015, the City Council approved PUD final plans and final plats for Ravinia 2nd Addition and Ravinia 3rd Addition. 4.Analysis of Request Staff has reviewed the application for consistency with the approved preliminary plans, as well as City policies. The City Engineer’s comments are incorporated into this staff report and resolution and the detailed comments are included in the attached engineering memo. Final PUD Development Plan – “Ravinia 4th Addition” The PUD offers enhanced flexibility to develop the site through the relaxation of most typical zoning district standards. The PUD allows for a greater variety of land uses, construction phasing and a potential for lower development costs. In exchange for this flexibility, the City expects a higher level of design and a more sensitive development than might normally be the case. The final PUD development plan must be reviewed for compliance with the preliminary PUD approvals. Staff finds that the final PUD development plan is generally consistent with the approved preliminary plans. Product Type Lennar is requesting a PUD modification to change from the Lifestyle Villas on 60-foot lots to the Discovery series on 55-foot lots for this phase. The target market for these two products is very different, but both are part of a lifecycle community. The Lifestyle Villas are planned to be marketed toward move up seniors and have association maintained yards and driveways. Lennar indicates that villas are still planned for future phases of the project. The Discovery series is a smaller home (2,100 – 2,600 sq. ft.) than some of the products currently offered in Ravinia and will have 2-car garages. The target market for these homes is young families. The homes will be part of the master association but will not have the association maintained components that are planned in the villas. As noted during the preliminary approvals, the City should expect some changes to the housing products offered in a project that this phased over 9 years. Staff finds that the proposed homes are consistent with vision for this PUD and that it will add variety to the housing stock within this the community and the neighborhood. Lennar Final Plat & PUD Development Plan – Ravinia 4th (16-004) 4 April 28, 2016 Architecture The applicant submitted a series of house plans and color palettes for the project with the preliminary PUD development plan. The Discovery series would add a 5th home series to the 4 different home series (Landmark, American Heartland, Lifestyle and NextGen) that were previously approved. Each house plan will be reviewed by the City prior to building permit to ensure that the ordinance standards as modified by the PUD are met. However, because this development will be constructed over a period of time, we expected that new or modified house plans will be added to the product line and would be administratively reviewed and approved by the City. The City must review the new product line to make sure that the homes are compatible with the standards in the original approvals for both design and materials. Mail Delivery One centralized mailbox location is shown on the landscape plans. Condition 19 of Resolution 2014- 19 requires that the location of mailboxes be approved by the US Postal Service. The applicant will need to provide proof of the approved location to the City. Signage The preliminary PUD approvals allow two development signs at the main County Road 101 entrance, one sign at the Hackamore entrance and 7 smaller sub-neighborhood signs within the project. No sub-neighborhood signage is proposed in this addition. Streets Whitetail Trail is currently located in Outlot C, Ravinia. The access to the 3 parcels that have frontage on Whitetail Trail were granted access over this private land via an easement. Whitetail Trail is not currently a public street, however, as part of the Ravinia 4th Addition, the City will require this parcel to platted as public right-of-way. The street would be renamed as “Bridle Path”. The project will extend Bridle Path to the northern boundary of the property. In this phase, the existing private access agreement between Lennar and the 3 landowners on Whitetail Trail will be vacated and a new, improved access for the three landowners on Whitetail will be provided. While the local streets within Ravina are a 50-foot right-of-way, the section that was formerly Whitetail Trail will be platted as a 60-foot right of way because that is the width of the existing outlot in this area. The applicant is showing sidewalks on one side of most streets, but must extend the sidewalk to the north cul de sac of Bridle Path (formerly the Whitetail Trail cul de sac). The developer is also showing a cul de sac (Gallaway Circle) on the east side of Bridle Path and a temporary cul de sac on the west side of Annabelle Lane. Annabelle Lane will be extended west with future phases. An easement for the temporary cul de sac must be filed with the final plat. Lennar Final Plat & PUD Development Plan – Ravinia 4th (16-004) 5 April 28, 2016 Cul de sac islands minimize the amount of pavement in the development, provide snow storage and provide an attractive amenity in the neighborhood. The preliminary approvals require the developer to maintain the landscaping and irrigation Ravinia Parkway and the cul de sac islands. The maintenance agreement has been filed at Hennepin County. However, the two existing cul de sacs in the development were not built according to the approved plan. The approved plans showed a landscaped island with sod from the curb line into a planted central area with a mix of ornamental grasses and one tree. The plant area was approved with shredded hardwood mulch and irrigation However, the cul de sac islands were not build to plan. When staff inspected the site last fall, we noted that no sod or irrigation system were installed and, instead, the island was filled with large rocks around the perimeter. City staff was concerned that the islands were not constructed to plan and no PUD modification was requested. We contacted Lennar last fall and asked them to immediately correct the error, but they indicated that due to the late season they would like to defer it to the spring of 2016. As part of this application, City staff required Lennar to specifically note how they would correct the existing defects in the 2 constructed islands and show how the new islands would be landscaped. Staff noted significant concerns about the rocks in the island, which we believe could be disturbed by snow plow equipment, residents or other means and end up in the street where they could damage the public street and potential damage vehicles. Lennar has submitted a plan that shows low-mow turf grass in the area where the irrigated turf was to be located. Staff does not support this change. We are concerned about the long term maintenance and aesthetics. Staff recommends that the applicant either: 1.Install the irrigated landscape islands as proposed or 2.Install a 2-3 foot concrete edge behind the curb and then fill the remainder of the island with a mix of grasses, hardy plants and the tree and that shredded hardwood mulch be used in that landscape area. If the correct plans are selected and turf is eliminated, no irrigation will be needed. The Planning Commission did not recommend this option and, therefore, the draft resolution does not include this condition. Instead the resolution includes a modified condition 15 that requires Lennar to comply with the approved plans unless they can convince the City Council that another plan is more appropriate. Existing Ravinia Island 1 Approved Ravinia Island 1 Lennar Final Plat & PUD Development Plan – Ravinia 4th (16-004) 6 April 28, 2016 Staff notes that while no/low mow turf can be an appropriate landscape in some conditions, the Council should consider the context. If this type of lawn were proposed throughout the development, it would be appropriate in the island as well. It does not appear that this type of lawn would be allowed on the homesites within the development and, therefore, it may not be appropriate in the common areas. The City Council should discuss and provide direction. Parks, Trails and Open Space The preliminary approvals required a number trail easements and dedication of two public parks. No public parks are proposed for the area to be developed in the 4th Addition, however, there are public trails that will be dedicated. The trails will ultimately connect to the 3.57 net acre (5.12 gross acre) public in the center of the Ravinia development (north of Ravinia Parkway). The applicant is proposing to dedicate three separate trail easements with this phase of the development. 1.a trail easement in Outlot A that will connect Ravinia Parkway to Galloway Circle, 2.a trail easement behind Block 3 that will connect Bridle Path to Annabelle Lane and 3.a trail segment that will wind through the public park connecting Annabelle Lane to Ravinia Parkway. All of these trail segments were conceptually shown on the preliminary plans. The City will accept dedication of the first two trail segments as part of Ravinia 4th Addition, but will not accept the third segment at this time. The third segment runs through the public park and is currently shown through a wetland and in the wetland buffer. As noted in the original approvals and discussed during previous final PUD plan reviews, the city does not support the construction of trails in the wetland buffer. We will work with the applicant to redesign the trail in this location to minimize wetland buffer impacts and ensure that it is designed to be compatible with the city park. We hope to work through these issues and be prepared to accept the trail dedication with the next development phase. Development Phasing The developer plans to develop this project in 9 phases. The developer began work on Phase I in May 2014 and Phase I included 38 lots and 5 outlots. Phase II & III were approved in 2015 and include 36 lots and 2 outlots and 27 lots and 2 outlots, respectively. This phase includes 44 lots, which would bring the total lots to 145. Final Plat The applicant is requesting approval of a final plat to create 44 lots and 3 outlots. The final plat is consistent with the approved preliminary plat. Lennar Final Plat & PUD Development Plan – Ravinia 4th (16-004) 7 April 28, 2016 Conclusion Staff has reviewed the plan for consistency with the applicable standards outlined in the preliminary approvals, Zoning Ordinance and Subdivision Ordinance. The staff report noted the outstanding issues that must be addressed and we have included conditions in the attached resolutions to address these issues. Staff finds that the addition of a new housing style in the Ravinia development is consistent with the lifecycle housing goals noted for this PUD. 5.Recommendation Move to recommend approval of the following: a.Resolution 2016-33 approving the Final PUD Development Plan for Ravinia 4th Addition. b.Resolution 2016-34 approving the Final Plat and Development Contract. Attachments a.Resolution 2016-33 approving the final PUD development plan b.Resolution 2016-34 approving the final plat and development contract c.Draft Development Contract d.Location Map e.Engineer’s Memo dated March 30, 2016 f.Applicant’s narrative dated February 3, 2016 g.Comparison of Approved and Proposed Subdivision h.Site Graphics dated March 1, 2016 (partial only – full set available at city hall) i.Final Plat Graphics dated March 1, 2016 j.Updated Phasing Plan k.Approved 2014 Cul De Sac Plans l.Proposed Cul De Sac Plan m.Rendered Cul De Sac examples received April 21, 2016 n.Discovery Home Examples H • • Table 7 shows the maximum population at full build -out of the MUSA, using the minimum of the density range allowed in each land use category. Table 7: Expected Population at Build Out, Average Densities Land Use Category Acres Persons per Acre Population Rural /Ag Residential 1,240 0.28 347 Low Density Residential 2,716 8.40 22,814 Medium Density Residential 147 9.50 1,397 Mixed Residential 555 15.20 8,436 High Density Residential /Mixed Use 386 19.00 7,334 40,328 Each new resident's proportionate share of the park system would be the cost of the park system ($57,205,390 after deducting the 5% share for non - residential development) divided by the population served (40,328) to equal the per capita share: $1,418. The per capita share can then be multiplied by the number of persons per acre to determine the park dedication that must be contributed for each acre of land to be developed. Comparing that amount to the value of the land yields the new percentage of land value to be dedicated in each land use category, shown on Table 8. Table 8: Proposed Dedication by Land Use Category Person Dedication Land Use Category s per Acre per Acre ($1,418 per capita) Land Value per Acre % Land Value Rural /Ag Residential 0.28 397 $ 10,000 4% Low Density Residential 8.40 11,915 $ 80,000 4315% Medium Density Residential 9.50 13,476 $ 80,000 4617% Mixed Residential 15.20 21,561 $ 80,000 2427% High Density Residential /Mixed Use 19.00 26,951 $ 125,000 4-922% For Commercial /Industrial Development, the % of land value may be calculated by dividing its share of park costs (5% of the total cost, or $3,010,810) by the total acres (728) to yield the contribution per acre ($4,135.) This is approximately 3% of the land value ($4,135 divided by $125,000 per acre.) Table 9 on the next page is the same as Table 3, except that the new percentage land dedication requirements, as were calculated above, have replaced the percentages of the existing ordinance. The total amount of dedication that could be generated is close to the projected cost of the park system. (The difference is due to rounding of calculations.) Park Dedication Ordinance Update April 20, 2016 for April 28, 2016 City Council Meeting CORRECTION City of Corcoran April 28, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-33 Page 1 of 4 Motion By: Seconded By: APPROVING FINAL PUD DEVELOPMENT PLAN FOR “RAVINIA 4TH ADDITION” FOR PROPERTY AT GLEASON PARKWAY AND COUNTY ROAD 101 (CITY FILE 16-004) WHEREAS, U.S. Home Corporation (dba Lennar) (“the applicant”) has requested approval of a final PUD (planned unit development) plan for “Ravinia 4th Addition” for 44 lots on property legally described as: Outlot C, Ravinia The Registered portion being that part of Outlot C, RAVINIA, lying north of the south line of the Southeast Quarter of Section 36, Township 119, Range 23. And Outlot F, RAVINIA And The West 326.7 feet of the East 653.4 feet of the South 200 feet of the southeast quarter of northeast quarter of Section 36, Township 119 North, Range 23 West of the Fifth Principal Meridian. Hennepin County, Minnesota. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the request by U.S. Home Corporation for a final PUD development plan for Ravinia and, FURTHER, that the following conditions be met prior to release of the final plat for recording with the County: 1.A final PUD development plan is approved to create for 44 lots and three outlots for Ravinia 4th Addition on 52.61 acres, in accordance with the plans and application received by the City on February 3, 2016 and additional information received on February 8, 2016 and March 1, 2016 except as amended by this resolution. 2.Approval is contingent upon City Council approval of the final plat. 3.The development contract must be amended and executed by the developer and the City and must be filed with the final plat. 4.Development is subject to the conditions the preliminary approvals and amendments. 5.Park dedication is based on the development of the entire Ravinia site and shall be land dedication totaling 32.12 net acres, due at the time of final plat for the phases that include public park dedication. With this phase, the developer shall dedicate: a.A trail easement of 0.056 gross acres over Outlot A. City of Corcoran April 28, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-33 Page 2 of 4 b.A trail easement of 0.056 gross acres over the north portion of Outlot C. c.The City and the developer are still working through the issues related to the location of the trail located in the south portion of Outlot C to remove wetland impacts and ensure that the trail location is coordinated with the future City park planned on Outlot C. This trail easement shall be evaluated and considered at a later date. d.The developer must provide gross and net acreages for the proposed trail easements. 6.Trailhead marker monuments are proposed by the developer in this phase, but are not approved at this time. Design and locations must be submitted for review and approval by the City Council prior to installation. 7.The sidewalk on the west side of Bridle Path shall be extended to the north cul de sac (formerly Whitetail Drive). 8.The applicant shall comply with all requirements of the City Engineer’s memo, dated March 30, 2016. 9.The PUD is hereby modified to allow the Discovery home on a 55-foot wide lot in this phase. All platted residential lots shall comply with the following setbacks: 55-foot lots 60-foot lots 65-foot lots 75-foot lots Front, From County Road 101* 100 feet 100 feet 100 feet 100 feet Front, From all other streets 20 feet 20 feet 20 feet 20 feet Front Porch (≤ 120 square feet) 15 feet 15 feet 15 feet 15 feet Side (living) 5 feet 7.5 feet 5 feet 5 feet Side (garage) (Minimum separation between structures on adjacent parcels shall be 10 feet.) 5 feet 5 feet 5 feet 5 feet Rear 25 feet 25 feet 25 feet 25 feet Maximum Principal Building Height 35 feet 35 feet 35 feet 35 feet 10.All garages must have a minimum 22-foot parking area in front of the garage that does not overlap into sidewalks, drives or streets. Architectural and Design standards 11.PUD flexibility is provided to allow the face of the garage to exceed 55% of the building face. In exchange for this flexibility: a.Garage door colors shall be compatible with the building colors. b.Architectural elements shall be added above the garage to de-emphasize the garage doors. City of Corcoran April 28, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-33 Page 3 of 4 c.Garage doors shall be architecturally styled (this includes details such as raised panels, accent color, windows, etc.) to match the exterior of the home. 12.Except as noted above, all Design Requirements for the RSF-2 district shall be met, except as previously modified. Specifically: a.Each elevation facing a street or park shall have a minimum of 50% comprised on natural material consisting of brick, stone, stucco, hardi-board , redwood, cedar or other similar materials. A minimum of two different materials is required, except that brick may be used on the entire elevation. b.Vinyl siding is permitted as approved in Resolution 2015-02. c.Design of street and park fronting exterior elevations shall be varied with a minimum of five different styles provided in the development. d.Homes in proximity to each other shall not look alike in terms of the combination of color of siding, accent and roofing materials. The home under consideration will be compared to the two homes on each side and to the three homes directly facing it. e.All building elevations shall receive equal treatment and visual qualities. No blank elevations will be allowed. f.Each side and rear elevation shall have at least one window or door opening g.Equal architectural treatment on all sides of the building (materials, articulation, etc.) shall be used for all new residential construction when located on or visible from an arterial road way or public park. Accenting shall be accomplished by including accenting materials and design on all facades. 13.The plans show centralized mailbox locations. These mailbox locations shall be approved by the US Postal Service and proof of the approved locations provided to the City, prior to release of the final plat. Landscaping and Lighting 14.The street lighting plan and landscape shall be revised as needed to eliminate conflicts between trees and street lights. There appear to be a few locations where the light is in the tree canopy. The applicant indicates that there is no conflict, but this must be field verified. Trees that are located where lighting is impacted must be relocated by the developer where directed by the city. 15.Prior to release of the final plat for filing, the developer must revise the proposed landscaping plan for the cul de sac island to either: a.Comply with the original PUD approvals for an irrigated island with a mix of turf and plant materials, or b.Provide a revised plan for City Council approval that meets the quality, appearance and durability of the original approvals. 16.No sub-neighborhood signage is requested or approved in this phase. 17.All permanent wetland buffer monument signs must be erected along the wetland buffer line as required by Section 1050.010, Subd. 7 of the Zoning Ordinance. a.Wetland signs shall be purchased from the City. b.The final locations must be inspected and approved by City staff. c.Monuments and signs shall be installed prior to approval of the building permit. City of Corcoran April 28, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-33 Page 4 of 4 Streets, Parking and Utilities 18.The development shall comply with the City’s requirements regarding fire access, fire protection and fire flow calculations, the location of fire hydrants, fire department connections and fire lane signage. FURTHER, that the following conditions be met prior to issuance of building permits: 1.The applicant must record the approving resolutions and associated documents at Hennepin County and provide proof of recording to the City. 2.The applicant shall provide proof of recording the final plat and related documents at Hennepin County. 3.The applicant shall provide the approved preliminary and final plan drawings to the City in an electronic (AutoCAD) format. 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 28th day of April 2016. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk/Administrative Services Coordinator City of Corcoran April 28, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-34 Page 1 of 3 Motion By: Seconded By: APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR “RAVINIA 4TH ADDITION” FOR PROPERTY AT GLEASON PARKWAY AND COUNTY ROAD 101 (CITY FILE 16-004) WHEREAS, U.S. Home Corporation (dba Lennar) (“the applicant”) has requested approval of a final plat for “Ravinia 4th Addition” for 44 lots and 3 outlots on property legally described as follows: Outlot C, Ravinia The Registered portion being that part of Outlot C, RAVINIA, lying north of the south line of the Southeast Quarter of Section 36, Township 119, Range 23. And Outlot F, RAVINIA And The West 326.7 feet of the East 653.4 feet of the South 200 feet of the southeast quarter of northeast quarter of Section 36, Township 119 North, Range 23 West of the Fifth Principal Meridian. Hennepin County, Minnesota. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that the Corcoran City Council approves the request for a final plat; and; FURTHER, that the development contract for said plat shall be completed by city staff and the Mayor and that the City Administrator be authorized to execute the development contract on behalf of the City; and FURTHER, that the approval is granted based on the following findings and conditions: 1.A final plat is approved to create for 27 lots and 2 outlots for Ravinia 4th Addition, in accordance with the plans and application received by the City on April 1, 2015 and revisions received May 15, 2015, except as amended by this resolution. 2.Approval is contingent upon City Council approval of the final PUD development plan for Ravinia 4th Addition. The developer shall comply with all conditions of final PUD development plan approval (Resolution 2016-33). 3.Development is subject to the preliminary approvals and amendments, except as otherwise amended. City of Corcoran April 28, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-34 Page 2 of 3 4.The developer must submit a final plat for each future phase of development. No final approvals are granted at this time for Phases 5 -9. 5.The development contract must be executed by the developer and the City and must be filed with the final plat. a.Prior to finalizing the contract, the developer must provide updated construction estimates for the Development Contract that include landscape costs for City review and approval. 6.Park dedication is based on the development of the entire Ravinia site and shall be land dedication totaling 32.12 net acres, due at the time of final plat for the phases that include public park dedication. With this phase, the developer shall dedicate: a.A trail easement of 0.056 gross acres over Outlot A. b.A trail easement of 0.056 gross acres over the north portion of Outlot C. c.The City and the developer are still working through the issues related to the location of the trail located in the south portion of Outlot C to remove wetland impacts and ensure that the trail location is coordinated with the future City park planned on Outlot C. This trail easement shall be evaluated and considered at a later date. d.The developer must provide gross and net acreages for the proposed trail easements. 7.The applicant shall comply with all requirements of the City Engineer’s memo, dated March 30, 2016. 8.The following conditions be met prior to issuance of building permits: a.The applicant must file the final plat at Hennepin County within 2 years of the date of approval or the approval shall expire. b.All drainage and utility easements shall be staked, surveyed and properly recorded prior to beginning any work on site. c.Wetland buffer monument signs must be purchased from the City and installed by the applicant. d.The applicant must record the approving resolutions and associated documents at Hennepin County and provide proof of recording to the City. e.The applicant shall provide the approved preliminary and final plan drawings to the City in an electronic (AutoCAD) format. City of Corcoran April 28, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-34 Page 3 of 3 9.The following conditions be met prior to release of remaining escrow: a.Lot corner monuments shall be installed as required by the Subdivision Ordinance. A financial guarantee shall be required to ensure installation per city requirements. 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 28th day of April 2016. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) RAVINIA 4TH ADDITION AGREEMENT dated ____________________, 2016, by and between the CITY OF CORCORAN, a Minnesota municipal corporation (“City”), and U.S. Home Corporation (dba Lennar) (the “Developer”). This is an amendment to the Ravinia Development Contract dated June 12, 2014. 1.REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Ravinia 4th Addition (referred to in this Contract as the "plat"). The land is situated in the County of Hennepin, State of Minnesota, and is legally described as: Outlot C, Ravinia The Registered portion being that part of Outlot C, RAVINIA, lying north of the south line of the Southeast Quarter of Section 36, Township 119, Range 23, Hennepin County, Minnesota. And Outlot F, RAVINIA, Hennepin County, Minnesota And The West 326.7 feet of the East 653.4 feet of the South 200 feet of the southeast quarter of northeast quarter of Section 36, Township 119 North, Range 23 West of the Fifth Principal Meridian. Hennepin County, Minnesota. 2.CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within (180) days after the City Council approves the final plat. 3.RIGHT TO PROCEED. The Developer may not may not construct sewer lines, water lines, streets, or utilities until 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2)the necessary security has been received by the City 3) Construction Plans are approved by the City and distributed and 4) a pre-construction conference is held. The Developer may not construct any other public or private improvements, or any buildings until all the following conditions have been satisfied: 1) the plat has been recorded with the Hennepin County Item 9b. Addition - 2 – Recorder's Office and 2) the City’s Planner has issued a letter that all conditions have been satisfied and that the Developer may proceed. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and trunk line area charge (TLAC)s for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed based on the fee schedule in place at the time the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within nine (9) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For nine (9) years from the date of the original Contract, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved final plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A – Final Plat, received March 1, 2016 Plan B – Final Grading, Drainage, and Erosion Control Plan, received March 1, 2016 Plan C – Final Street Plan, received March 1, 2016 Plan D – Final Sanitary Sewer and Watermain Plan, received March 1, 2016 Plan E – Final Storm Sewer Plan, received March 1, 2016 Plan F – Final Landscape Plan, received March 1, 2016 8. IMPROVEMENTS. The Developer shall install and pay for all of the following improvements within the project area: • Streets • Sanitary Sewer • Watermain • Surface Water Facilities (pipe, ponds, rain gardens, etc.) • Grading and Erosion Control • Sidewalks/Trails • Street Lighting - 3 – • Underground Utilities • Street Signs and Traffic Control Signs • Landscaping Required by Section 1060 of the Zoning Ordinance • Tree Preservation • Wetland Mitigation and Buffers • Monuments Required by Minnesota Statutes • Miscellaneous Facilities The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the city engineer or designee. The Developer shall contract with an engineer to provide field inspection personnel in order for the Developer's engineer to be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the Cit y may, at the City's discretion and at the Developer's expense, have one or more City inspectors and engineers inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer and/or the Developer’s engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or his or her engineer shall schedule a pre-construction meeting at a mutually agreeable time at City Hall with all parties concerned, including the City staff, to review the program for the construction work. All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No deviations from the approved plans and specifications will be permitted unless approved in writing by the city engineer or designee. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by the contract. The Developer shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of this contract, for which reimbursement is expected from the City, unless such work is first approved in writing by the city engineer or designee. The Developer shall be responsible for construction of all improvements in conformance with the approved plans and specs. 9. OFF-SITE PUBLIC IMPROVEMENTS. The developer agreed to pay the City the cost of these improvements as outlined in the Master Development Contract dated June 12, 2014 above, except the Hackamore Improvements, 66th Avenue and County Road 116 improvements, with the Phase I final plat. No payments are due for the Phase 4 development, however, the final remaining payments shall be required with Phase 5 of the developmentdue on July 1, 2017. The City shall design and install and the developer shall pay for the following improvement, which shall be paid at the time the final plat for Phase 5 is released for recording unless otherwise noted: • Hackamore final payment of $285,000.00 (or the remaining portion of the developer’s share of the costs) due with execution of the Phase 5 development contract document. - 4 – • CSAH 116 and 66th Avenue turn lanes as outlined in the feasibility study and estimated at $125,000. This payment shall be due prior to release of the Phase 5 plat for recording. • CSAH 116 and 66th Avenue street improvements as outlined in the feasibility study and estimated at $900,000. This payment shall be due prior to release of the Phase 5 plat for recording. • The developer’s portion (50% of the total actual cost) of the CSAH 116 traffic signal as outlined in the feasibility study and estimated at $100,000. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: • Hennepin County for County Road Access and Work in County Rights-of-Way • Minnesota Department of Health for Watermains/Wells • NPDES Permits • MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal • Hennepin County for Septic System Permits and/or Abandonment • DNR for Dewatering and Work in Protected Waters • City of Corcoran for Building Permits and Building Demolition • MCES for Sanitary Sewer Connections • Watershed Permits 11. TIME OF PERFORMANCE. The Developer shall install all required public improvements in Phase 4 by November 15, 2016, with the exception of the final wear course of asphalt on streets. The Developer shall have the option of installing the wearing course of streets within one (1) year following initial commencement of work on the required basic improvements or installing it after the first course has weathered a winter season, consistent with warranty requirements. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. The developer also agrees to fund off-site improvements as noted in this agreement. 12. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the platted property to perform all work and inspections deemed appropriate by the City in conjunction with the development. 13. GRADING PLAN. The plat shall be graded in accordance with the approved grading drainage and erosion control plan, Plan B. The plan shall conform to City of Corcoran Engineering Design Standards. 14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. Erosion control practices must comply with the Minnesota Pollution Control Agency’s Best Management Practices. The City may impose additional erosion control requirements if they would be beneficial. All erosion control shall comply with Section 950 (Erosion Control) of the Corcoran City Code and the Corcoran Engineering Design Standards. - 5 – 15. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all street maintenance until the streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and to direct attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to insure that the streets are passable to traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the subdivision swept clean of dirt and debris that may spill, track or wash onto the street from Developer’s operation. 16. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract, the improvements lying within public easements or right-of-way shall become City property. Prior to acceptance of the improvements by the City, the Developer must furnish the following affidavits: • Contractor’s Certificate • Engineer’s Certificate • Land Surveyor’s Certificate 17. PARK DEDICATION. The Developer shall also dedicate to the City the trail easements as shown on the preliminary plat. The Developer shall construct the bituminous trails within the Subdivision, but is not responsible for construction of trails in the land to be dedicated to the City as park land. Land dedication and trail easement dedication shall be with the final plat of the adjacent phase of development. a. Park dedication in the 4th Addition shall be 2 sections of trail located in Outlot A and Outlot C (north of Annabelle Lane). The portion of the trail in Outlot C south of Annabelle Lane shall not be accepted at this time. 18. WATERMAIN / STORAGE TRUNK LINE AREA CHARGE (TLAC). This plat is subject to a watermain/storage trunk line area charge (TLAC). The charge is calculated as follows: 14.29 net acres (based on pre-developable area) x $5,305.00 per acre = $75,808.45 for Phase 4. The developer shall pay the water trunk line area charge (TLAC) for Phase 4 in cash at the time this document is executed. Future phases shall be cash with the final plat for each future phase subject to the then- current rates. 19. WATER CONNECTION CHARGE. This plat is subject to a water connection charge calculated as follows: 44 units x $1,061.00 per unit = $46,684.00. The fees shall be paid at the time of building permit. Future development shall be cash at the time of issuance of each building permit at the then-current rates. The developer will be responsible for payment of the then-current water connection charge set by the City of Maple Grove. 20. SANITARY SEWER TRUNK LINE AREA CHARGE (TLAC). This plat is subject to a sanitary sewer trunk line area charge (TLAC). The charge is calculated as follows: The charge is calculated as follows: 14.29 net acres (based on pre-developable area) x $3,203 per acre = $45,770.87 for Phase 4. The developer shall pay the sanitary sewer trunk line area charge (TLAC) for Phase 4 in cash at the time this document is executed. Future phases shall be cash with the final plat for each future phase subject to the then-current rates. - 6 – The developer will also be responsible for payment of the then-current SAC fee set by the Metropolitan Council. 21. SANITARY SEWER CONNECTION CHARGE. This plat is subject to a sanitary sewer connection charge calculated as follows: 44 units x $1,061.00 per unit = $46,684.00. The fees shall be paid at the time of building permit. Future development shall be cash at the time of issuance of each building permit at the then-current rates. 22. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. All utilities, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any certificate of occupancy, except two model homes on a lot acceptable to the City Planner may be issued a certificate of occupancy if needed for the Parade of Homes. B. Outhouses. The Developer shall provide on-site a sufficient number of portable outhouses to be available for the persons who will be working on-site until improvements are accepted by the City of Corcoran. C. The Developer shall comply with the City of Corcoran Engineering Design Standards. D. Prior to issuance of building permits, wetland buffer monuments shall be placed in accordance with the City’s zoning ordinance. Specifications for the monuments are available from the City Planner. E. Breach of the terms of this Contract by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits, including lots sold to third parties, and the halting of all work in the plat. F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, their contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the City Engineer. 23. STREET REGULATORY SIGNS/TRAFFIC CONTROL SIGNS. Street name signs shall be installed by the Developer in accordance with the City of Corcoran Engineering Design Standards. The Developer shall install traffic control signs in accordance with the plan approved by the City Engineer and Minnesota Manual on Uniform Traffic Control Devices. All signs must be installed prior to final building inspection approval or earlier if necessary as determined by the City Engineer. 24. STREET LIGHT INSTALLATION AND OPERATION COSTS. The developer shall pay for and install all street lights. The street light shall be of a design approved by the City. The developer shall be responsible for street light operation and maintenance costs until such time as the City accepts the public street where the streetlights are located. After the acceptance the City shall be responsible for all costs, subject to the street lighting policy. The costs of operation are dependent upon the operation costs for Wright Hennepin Electric under contract franchise with the City of Corcoran. 25. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of - 7 – the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 26. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Compliance with the conditions of Preliminary Plat approval (Resolution 2013-60), Preliminary PUD Development Plan approval (Resolution 2013-61), Final PUD Development Plan approval (Resolution 2016-xx), and Final Plat approval (Resolution 2016-xx). B. Park dedication in the form of two off-road trail sections shall be dedicated to the City. Before the City signs the final plat, the developer shall convey the required trail easements to the City. C. The Developer shall install a temporary turnaround on the west end of Annabelle Lane until it is extended to the connecting streets with the adjoining phase of the Ravinia development. Before the City signs the final plat, the Developer shall furnish the City an appropriately executed temporary turnaround easement, in recordable form. D. The Developer shall post a $4,400.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 44 lots at $100.00 per lot. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. E. The Developer must obtain a sign permit from the City Building Official prior to installation of any subdivision identification signs. F. The Developer shall supply a complete set of the approved construction plans in an AutoCAD.DWG electronic file format before the preconstruction conference. G. The Developer shall include the “City of Corcoran’s Standard Detail Specifications” (all applicable sections) in the contract documents of their improvement project. - 8 – H. Other requirements: 1. A final PUD development plan is approved to create for 44 lots and three outlots for Ravinia 4th Addition on 52.61 acres, in accordance with the plans and application received by the City on February 3, 2016 and additional information received on February 8, 2016 and March 1, 2016 except as amended by this resolution. 2. Approval is contingent upon City Council approval of the final plat. 3. The developer must submit a final plat for each future phase of development. No final approvals are granted at this time for Phases 5 -9. 4. The development contract must be executed by the developer and the City and must be filed with the final plat. a. Prior to finalizing the contract, the developer must provide updated construction estimates for the Development Contract that include landscape costs for City review and approval. 5. Development is subject to the preliminary approvals and amendments, except as otherwise amended. 6. Park dedication is based on the development of the entire Ravinia site and shall be land dedication totaling 32.12 net acres, due at the time of final plat for the phases that include public park dedication. With this phase, the developer shall dedicate: a. A trail easement of 0.056 gross acres over Outlot A. b. A trail easement of 0.056 gross acres over the north portion of Outlot C. c. The City and the developer are still working through the issues related to the location of the trail located in the south portion of Outlot C to remove wetland impacts and ensure that the trail location is coordinated with the future City park planned on Outlot C. This trail easement shall be evaluated and considered at a later date. d. The developer must provide gross and net acreages for the proposed trail easements. 7. Trailhead marker monuments are proposed by the developer in this phase, but are not approved at this time. Design and locations must be submitted for review and approval by the City Council prior to installation. 8. The sidewalk on the west side of Bridle Path shall be extended to the north cul de sac (formerly Whitetail Drive). 9. The applicant shall comply with all requirements of the City Engineer’s memo, dated March 30, 2016. 10. The PUD is hereby modified to allow the Discovery home on a 55-foot wide lot in this phase. All platted residential lots shall comply with the following setbacks: - 9 – 55-foot lots 60-foot lots 65-foot lots 75-foot lots Front, From County Road 101* 100 feet 100 feet 100 feet 100 feet Front, From all other streets 20 feet 20 feet 20 feet 20 feet Front Porch (≤ 120 square feet) 15 feet 15 feet 15 feet 15 feet Side (living) 5 feet 7.5 feet 5 feet 5 feet Side (garage) (Minimum separation between structures on adjacent parcels shall be 10 feet.) 5 feet 5 feet 5 feet 5 feet Rear 25 feet 25 feet 25 feet 25 feet Maximum Principal Building Height 35 feet 35 feet 35 feet 35 feet 11. All garages must have a minimum 22-foot parking area in front of the garage that does not overlap into sidewalks, drives or streets. 12. PUD flexibility is provided to allow the face of the garage to exceed 55% of the building face. In exchange for this flexibility: a. Garage door colors shall be compatible with the building colors. b. Architectural elements shall be added above the garage to de-emphasize the garage doors. c. Garage doors shall be architecturally styled (this includes details such as raised panels, accent color, windows, etc.) to match the exterior of the home. 13. Except as noted above, all Design Requirements for the RSF-2 district shall be met, except as previously modified. Specifically: a. Each elevation facing a street or park shall have a minimum of 50% comprised on natural material consisting of brick, stone, stucco, hardi-board , redwood, cedar or other similar materials. A minimum of two different materials is required, except that brick may be used on the entire elevation. b. Vinyl siding is permitted as approved in Resolution 2015-02. c. Design of street and park fronting exterior elevations shall be varied with a minimum of five different styles provided in the development. d. Homes in proximity to each other shall not look alike in terms of the combination of color of siding, accent and roofing materials. The home under consideration will be compared to the two homes on each side and to the three homes directly facing it. e. All building elevations shall receive equal treatment and visual qualities. No blank elevations will be allowed. f. Each side and rear elevation shall have at least one window or door opening g. Equal architectural treatment on all sides of the building (materials, articulation, etc.) shall be used for all new residential construction when located on or visible from an arterial road way or public park. Accenting shall be accomplished by including accenting materials and design on all facades. 14. The plans show centralized mailbox locations. These mailbox locations shall be approved by the US Postal Service and proof of the approved locations provided to the City, prior to release of the final plat. - 10 – 15. The street lighting plan and landscape shall be revised as needed to eliminate conflicts between trees and street lights. There appear to be a few locations where the light is in the tree canopy. The applicant indicates that there is no conflict, but this must be field verified. Trees that are located where lighting is impacted must be relocated by the developer where directed by the city. 16. Prior to release of the final plat for filing, the developer must revise the proposed landscaping plan for the cul de sac island to either: a. Comply with the original PUD approvals for an irrigated island with a mix of turf and plant materials, or b. Provide a revised plan for City Council approval that meets the quality appearance and durability of the original approvals. 17. No sub-neighborhood signage is requested or approved in this phase. 18. All permanent wetland buffer monument signs must be erected along the wetland buffer line as required by Section 1050.010, Subd. 7 of the Zoning Ordinance. a. Wetland signs shall be purchased from the City. b. The final locations must be inspected and approved by City staff. c. Monuments and signs shall be installed prior to approval of the building permit. 19. The development shall comply with the City’s requirements regarding fire access, fire protection and fire flow calculations, the location of fire hydrants, fire department connections and fire lane signage. 20. The applicant must record the approving resolutions and associated documents at Hennepin County and provide proof of recording to the City. 21. The applicant shall provide proof of recording the final plat and related documents at Hennepin County. 22. The applicant shall provide the approved preliminary and final plan drawings to the City in an electronic (AutoCAD) format. 23. Lot corner monuments shall be installed as required by the Subdivision Ordinance. A financial guarantee shall be required to ensure installation per city requirements. 27. MISCELLANEOUS. A. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat or any part of it. B. Certain retaining walls will require a Building Permit. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following - 11 – construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. C. Appropriate legal documents regarding Homeowner Association documents, conservation easements, covenants and restrictions, as approved by the City Attorney, shall be filed with the Final Plat. D. The parties anticipate that the Developer will make the HOA responsible for maintenance, repair or replacement of landscaping and irrigation in the boulevard medians and cul de sac islands; maintenance, repair or replacement of storm water improvements as needed and maintenance, repair or replacement of private park improvements. The Developer agrees to inform purchasers of lots within the Subdivision that 1) the city does not plan to maintain or pay for maintenance, repair or replacement of any such improvements and that the HOA will have primary responsibility for such work; 2) the City has the right but not the obligation to perform necessary work upon the failure or refusal of the HOA to do so; and 3) if the city performs any work on these improvements, the City intends to assess the cost of such work against the lots within the Subdivision and other portions of the property. E. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,500,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $2,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given thirty (30) days advance written notice of the cancellation of the insurance. F. Third parties shall have no recourse against the City under this Contract. G. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. H. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. I. This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. The developer shall provide the City with proof of ownership (fee title) at the time this document is executed. J. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to - 12 – City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City’s demand, the Developer shall cease work until there is compliance. 28. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, following a 30 day written demand that developer cure the default, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than 48 hours in advance. This contract is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 29. WARRANTY/PERFORMANCE GUARANTEE. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer or its contractors shall submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit or performance bond for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one (1) year from the date of final written acceptance, unless the wearing course is placed during the same construction season as the bituminous base course. In those instances, the subdivider shall guarantee all work, including street construction, concrete curb and gutter, sidewalks and trails, material and equipment for a period of two (2) years from the date of final written City acceptance of the work. C. The required warranty period for sod, trees and landscaping is one growing season following installation. 30. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this agreement, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit, in the form attached hereto, from a bank, cash escrow or a combination cash escrow and Letter of Credit ("security") for $1,482,993.401,552,577.91, which represents 125 percent of the estimated cost of the Improvements. The Letter of Credit shall be issued by a bank determined by the City to be solvent and creditworthy and shall be in a form acceptable to the City. The Letter of Credit shall allow the City to draw upon - 13 – the instrument, in whole or in part, to reimburse the City for the full cost of the Improvements. The letter of credit shall include an automatic renewal clause. The letter of credit shall guarantee to the City the construction and satisfactory completion of all items to be completed by the developer; that the letter of credit shall be reduced from time to time as work is performed and accepted in a satisfactory manner; that the city engineer may reduce the letter of credit to the amount reasonably estimated by the City engineer to be necessary to cover the remaining construction obligations; however, the letter of credit shall not be reduced below the amount estimated by the City to cover all obligations of development including payment of costs and expenses incurred by the City for legal, engineering, planning and any other costs until a maintenance bond for period of one year, satisfactory to the city attorney and the city engineer has been provided by the developer or its subcontractor. Notwithstanding anything herein to the contrary, the Subdivision Letter of Credit shall not be reduced to less than $50,000, until such time as the City releases the entire Subdivision Letter of Credit. If at any time the City reasonably determines that the bank or banks issuing the Letter of Credit no longer satisfy the City’s requirements regarding solvency and creditworthiness, the City shall notify the Developer and the Developer shall provide to the City within 30 days a substitute for the respective Letter of Credit from another bank meeting the City’s requirements. If the Developer fails to provide the City within 30 days with a substitute Letter of Credit from an issuing bank satisfactory to the City, the City may draw under the existing Letter of Credit. The amount of the security was calculated as follows: - 14 – ESTIMATED COSTS Developer ITEM City Project (1) Installed (2) Private (3) Tot Street Construction* $510,920.35543,940.00 Hackamore Road CSAH 101 Turn Lanes CSAH 116 and 66th Avenue Turn Lanes 66th Avenue Street Improvements Traffic Signal at CSAH 101 Traffic Signal at CSAH 116 Sanitary Sewer System $119,921.78 Watermain System $192,073.00 Storm Sewer System $102,759.50 Boulevard and Drainage Swale Sod Pond Construction/Wetland Rest. Rain Garden Street and Traffic Control Signs Sidewalk Improvements ? Trail Improvements ? Landscaping ?21,568 Street Lighting Site Grading & Drainage Imp.** $165,395.25 Setting Iron Monuments $4,400.00 Tree Preservation and Reforestation Wetland Buffer Monuments SUB-TOTAL: $1,095,470.661,150,057.53 Admin, Insp, As-Builts (8%) $90,924.0692,004.60 Total: $1,186,394.721,242,062.13 Total Project Cost $1,186,394.721,242,062.13 (1) Public Improvement/City Project. City to own and maintain after development complete. (2) Developer Installed Public Improvements. City to own and maintain after development complete. (3) Private - Property owner and/or property owners' association to maintain after development completed. *Street Construction includes costs for sidewalk and trail improvements **Note: If a grading permit was issued and the financial guarantee released and/or expired, these monies may be used for the required maintenance of the erosion and sediment control plan. - 15 – 31. This breakdown is for historical reference; it is not a restriction on the use of the security. The City shall provide the Developer written notice of any default for which the City feels a draw down may be necessary. Upon receipt of notice, developer shall have 15 days to cure any default The City may draw down the security, if the developer fails to cure the default or violation of the terms of this contract or if the security. The bank shall be subject to the approval of the City Administrator. If the required public improvements are not completed at least 30 days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the city engineer or designee that work has been completed and financial obligations to the City have been satisfied, with city engineer or designee approval the security may be reduced from time to time by 75% of the financial obligations that have been satisfied. Twenty- five percent (25%) of the amounts certified by the Developer's engineer shall be retained as security until: (1) all improvements have been completed; (2) iron monuments for lot corners have been installed; (3) all financial obligations to the City satisfied; (4) the required "record" plans have been received by the City; (5) a warranty security is provided; and (6) the public improvements are accepted by the City. 32. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City at the time of final plat approval for Phase 4: Sanitary Sewer Trunk line area charge (TLAC) $45,770.87 Water Supply Trunk line area charge (TLAC) $75,808.45 TOTAL CASH REQUIREMENTS LEVIED: $121,579.32 33. AGREEMENT RUNS WITH THE LAND. This Agreement shall run with the Property and shall be recorded against the title thereto. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the land within the Subdivision; that there are no unrecorded encumbrances or interests relating to the Property; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. 34. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: _______________________________ _______________________________ _______________________________ Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Corcoran City Hall, 8200 County Road 116, Corcoran, MN 55340. The Developer shall notify the City within five (5) days of change of address. CITY OF CORCORAN: BY: ______________________________________ Ken Guenthner, Mayor (SEAL) AND _____________________________________ Brad Martens, City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _______ day of ________________, 20____, by Ken Guenthner and by Brad Martens, the mayor and city administrator of the City of Corcoran, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________ NOTARY PUBLIC DEVELOPER: By: ______________________________________ Its: ______________________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ________ day of ________________, 20____, by __________________________________ the ____________________________________ of ______________________________________ on its behalf. ______________________________________ NOTARY PUBLIC DRAFTED BY: CITY OF CORCORAN 8200 County Road 116 Corcoran, MN 55340 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT _______________________________________________________, fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this _____ day of ____________, 2_____. ______________________________________ ______________________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of _____________, 2____, by ______________________________________________________. ________________________________________ NOTARY PUBLIC DRAFTED BY: CITY OF CORCORAN 8200 County Road 116 Corcoran, MN 55340 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT _______________________________________________________, which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this _____ day of ____________, 2_____. ______________________________________ ______________________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2_____, by __________________________________________________________________________. ________________________________________ NOTARY PUBLIC DRAFTED BY: CITY OF CORCORAN 8200 County Road 116 Corcoran, MN 55340 CONTRACT PURCHASER CONSENT TO DEVELOPMENT CONTRACT _______________________________________________________________, which/who has a contract purchaser's interest in all or part of the subject property, the development of which is governed by the foregoing Development Contract, hereby affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property in which there is a contract purchaser's interest. Dated this _____ day of ____________, 2_____. ______________________________________ ______________________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2____, by ____________________________________________________________________________. ________________________________________ NOTARY PUBLIC DRAFTED BY: CITY OF CORCORAN 8200 County Road 116 Corcoran, MN 55340 IRREVOCABLE LETTER OF CREDIT TEMPLATE To: City of Corcoran Attn: City Clerk 8200 County Road 116 Corcoran, MN 55340 Dear Sir or Madam: We hereby issue, for the account of _____________________________, and in your favor, our irrevocable letter of credit in the amount of $_________________, for the purpose of _____________________ available to you by your draft drawn on sight on the undersigned financial institution. To draw on the Letter of Credit, the draft letter must: a. Bear the clause, “drawn under the Letter of Credit No. _____________, dated ___________, 2_____, of (Name of Bank); b. Be signed by the Mayor or City Administrator of the City of Corcoran. c. Be presented for payment at ___________________, on or before the expiration date of the letter of credit. d. Reason for the draw and the cost to be drawn against the letter of credit. THE FOLLOWING STATEMENT MUST BE INCLUDED ON ALL LETTERS OF CREDIT SUBMITTED TO THE CITY OF CORCORAN: This Letter of Credit shall automatically renew for successive one year terms unless, at least forty-five (45) days prior to the next annual renewal date the financial institution delivers written notice to the City of Corcoran City Administrator that it intends to modify the terms of, or cancel, this letter of credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty- five (45) days prior to the next annual renewal date addressed as follows: City of Corcoran, Attn: City Clerk, Corcoran City Hall, 8200 County Road 116, Corcoran, MN 55340, and is actually received by the City administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation of Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: _______________________________ Signature _______________________________ Its _______________________________ Printed Name of Signator Copy: City of Corcoran City Planner City of Corcoran City Engineer City of Corcoran City Administrator (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) RAVINIA 4TH ADDITION AGREEMENT dated ____________________, 2016, by and between the CITY OF CORCORAN, a Minnesota municipal corporation (“City”), and U.S. Home Corporation (dba Lennar) (the “Developer”). This is an amendment to the Ravinia Development Contract dated June 12, 2014. 1.REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Ravinia 4th Addition (referred to in this Contract as the "plat"). The land is situated in the County of Hennepin, State of Minnesota, and is legally described as: Outlot C, Ravinia The Registered portion being that part of Outlot C, RAVINIA, lying north of the south line of the Southeast Quarter of Section 36, Township 119, Range 23, Hennepin County, Minnesota. And Outlot F, RAVINIA, Hennepin County, Minnesota And The West 326.7 feet of the East 653.4 feet of the South 200 feet of the southeast quarter of northeast quarter of Section 36, Township 119 North, Range 23 West of the Fifth Principal Meridian. Hennepin County, Minnesota. 2.CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within (180) days after the City Council approves the final plat. 3.RIGHT TO PROCEED. The Developer may not may not construct sewer lines, water lines, streets, or utilities until 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2)the necessary security has been received by the City 3) Construction Plans are approved by the City and distributed and 4) a pre-construction conference is held. The Developer may not construct any other public or private improvements, or any buildings until all the following conditions have been satisfied: 1) the plat has been recorded with the Hennepin County -2 – Recorder's Office and 2) the City’s Planner has issued a letter that all conditions have been satisfied and that the Developer may proceed. 4.PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and trunk line area charge (TLAC)s for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed based on the fee schedule in place at the time the outlots are final platted into lots and blocks. 5.PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within nine (9) years after preliminary plat approval. 6.CHANGES IN OFFICIAL CONTROLS. For nine (9) years from the date of the original Contract, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved final plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7.DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A – Final Plat, received March 1, 2016 Plan B – Final Grading, Drainage, and Erosion Control Plan, received March 1, 2016 Plan C – Final Street Plan, received March 1, 2016 Plan D – Final Sanitary Sewer and Watermain Plan, received March 1, 2016 Plan E – Final Storm Sewer Plan, received March 1, 2016 Plan F – Final Landscape Plan, received March 1, 2016 8.IMPROVEMENTS. The Developer shall install and pay for all of the following improvements within the project area: •Streets •Sanitary Sewer •Watermain •Surface Water Facilities (pipe, ponds, rain gardens, etc.) •Grading and Erosion Control •Sidewalks/Trails •Street Lighting -3 – •Underground Utilities •Street Signs and Traffic Control Signs •Landscaping Required by Section 1060 of the Zoning Ordinance •Tree Preservation •Wetland Mitigation and Buffers •Monuments Required by Minnesota Statutes •Miscellaneous Facilities The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the city engineer or designee. The Developer shall contract with an engineer to provide field inspection personnel in order for the Developer's engineer to be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and engineers inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer and/or the Developer’s engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or his or her engineer shall schedule a pre-construction meeting at a mutually agreeable time at City Hall with all parties concerned, including the City staff, to review the program for the construction work. All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No deviations from the approved plans and specifications will be permitted unless approved in writing by the city engineer or designee. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by the contract. The Developer shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of this contract, for which reimbursement is expected from the City, unless such work is first approved in writing by the city engineer or designee. The Developer shall be responsible for construction of all improvements in conformance with the approved plans and specs. 9.OFF-SITE PUBLIC IMPROVEMENTS. The developer agreed to pay the City the cost of these improvements as outlined in the Master Development Contract dated June 12, 2014 above, except the Hackamore Improvements, 66th Avenue and County Road 116 improvements, with the Phase I final plat. No payments are due for the Phase 4 development, however, the final remaining payments shall be required with Phase 5 of the development. The City shall design and install and the developer shall pay for the following improvement, which shall be paid at the time the final plat for Phase 5 is released for recording unless otherwise noted: •Hackamore final payment of $285,000.00 (or the remaining portion of the developer’s share of the costs) due with execution of the Phase 5 development contract document. -4 – •CSAH 116 and 66th Avenue turn lanes as outlined in the feasibility study and estimated at $125,000. This payment shall be due prior to release of the Phase 5 plat for recording. •CSAH 116 and 66th Avenue street improvements as outlined in the feasibility study and estimated at $900,000. This payment shall be due prior to release of the Phase 5 plat for recording. •The developer’s portion (50% of the total actual cost) of the CSAH 116 traffic signal as outlined in the feasibility study and estimated at $100,000. 10.PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: •Hennepin County for County Road Access and Work in County Rights-of-Way •Minnesota Department of Health for Watermains/Wells •NPDES Permits •MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal •Hennepin County for Septic System Permits and/or Abandonment •DNR for Dewatering and Work in Protected Waters •City of Corcoran for Building Permits and Building Demolition •MCES for Sanitary Sewer Connections •Watershed Permits 11.TIME OF PERFORMANCE. The Developer shall install all required public improvements in Phase 4 by November 15, 2016, with the exception of the final wear course of asphalt on streets. The Developer shall have the option of installing the wearing course of streets within one (1) year following initial commencement of work on the required basic improvements or installing it after the first course has weathered a winter season, consistent with warranty requirements. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. The developer also agrees to fund off-site improvements as noted in this agreement. 12.LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the platted property to perform all work and inspections deemed appropriate by the City in conjunction with the development. 13.GRADING PLAN. The plat shall be graded in accordance with the approved grading drainage and erosion control plan, Plan B. The plan shall conform to City of Corcoran Engineering Design Standards. 14.EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. Erosion control practices must comply with the Minnesota Pollution Control Agency’s Best Management Practices. The City may impose additional erosion control requirements if they would be beneficial. All erosion control shall comply with Section 950 (Erosion Control) of the Corcoran City Code and the Corcoran Engineering Design Standards. -5 – 15.STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all street maintenance until the streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and to direct attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to insure that the streets are passable to traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the subdivision swept clean of dirt and debris that may spill, track or wash onto the street from Developer’s operation. 16.OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract, the improvements lying within public easements or right-of-way shall become City property. Prior to acceptance of the improvements by the City, the Developer must furnish the following affidavits: •Contractor’s Certificate •Engineer’s Certificate •Land Surveyor’s Certificate 17.PARK DEDICATION. The Developer shall also dedicate to the City the trail easements as shown on the preliminary plat. The Developer shall construct the bituminous trails within the Subdivision, but is not responsible for construction of trails in the land to be dedicated to the City as park land. Land dedication and trail easement dedication shall be with the final plat of the adjacent phase of development. a.Park dedication in the 4th Addition shall be 2 sections of trail located in Outlot A and Outlot C (north of Annabelle Lane). The portion of the trail in Outlot C south of Annabelle Lane shall not be accepted at this time. 18.WATERMAIN / STORAGE TRUNK LINE AREA CHARGE (TLAC). This plat is subject to a watermain/storage trunk line area charge (TLAC). The charge is calculated as follows: 14.29 net acres (based on pre-developable area) x $5,305.00 per acre = $75,808.45 for Phase 4. The developer shall pay the water trunk line area charge (TLAC) for Phase 4 in cash at the time this document is executed. Future phases shall be cash with the final plat for each future phase subject to the then- current rates. 19.WATER CONNECTION CHARGE. This plat is subject to a water connection charge calculated as follows: 44 units x $1,061.00 per unit = $46,684.00. The fees shall be paid at the time of building permit. Future development shall be cash at the time of issuance of each building permit at the then-current rates. The developer will be responsible for payment of the then-current water connection charge set by the City of Maple Grove. 20.SANITARY SEWER TRUNK LINE AREA CHARGE (TLAC). This plat is subject to a sanitary sewer trunk line area charge (TLAC). The charge is calculated as follows: The charge is calculated as follows: 14.29 net acres (based on pre-developable area) x $3,203 per acre = $45,770.87 for Phase 4. The developer shall pay the sanitary sewer trunk line area charge (TLAC) for Phase 4 in cash at the time this document is executed. Future phases shall be cash with the final plat for each future phase subject to the then-current rates. -6 – The developer will also be responsible for payment of the then-current SAC fee set by the Metropolitan Council. 21.SANITARY SEWER CONNECTION CHARGE. This plat is subject to a sanitary sewer connection charge calculated as follows: 44 units x $1,061.00 per unit = $46,684.00. The fees shall be paid at the time of building permit. Future development shall be cash at the time of issuance of each building permit at the then-current rates. 22.BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A.All utilities, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any certificate of occupancy, except two model homes on a lot acceptable to the City Planner may be issued a certificate of occupancy if needed for the Parade of Homes. B.Outhouses. The Developer shall provide on-site a sufficient number of portable outhouses to be available for the persons who will be working on-site until improvements are accepted by the City of Corcoran. C.The Developer shall comply with the City of Corcoran Engineering Design Standards. D.Prior to issuance of building permits, wetland buffer monuments shall be placed in accordance with the City’s zoning ordinance. Specifications for the monuments are available from the City Planner. E.Breach of the terms of this Contract by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits, including lots sold to third parties, and the halting of all work in the plat. F.If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, their contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the City Engineer. 23.STREET REGULATORY SIGNS/TRAFFIC CONTROL SIGNS. Street name signs shall be installed by the Developer in accordance with the City of Corcoran Engineering Design Standards. The Developer shall install traffic control signs in accordance with the plan approved by the City Engineer and Minnesota Manual on Uniform Traffic Control Devices. All signs must be installed prior to final building inspection approval or earlier if necessary as determined by the City Engineer. 24.STREET LIGHT INSTALLATION AND OPERATION COSTS. The developer shall pay for and install all street lights. The street light shall be of a design approved by the City. The developer shall be responsible for street light operation and maintenance costs until such time as the City accepts the public street where the streetlights are located. After the acceptance the City shall be responsible for all costs, subject to the street lighting policy. The costs of operation are dependent upon the operation costs for Wright Hennepin Electric under contract franchise with the City of Corcoran. 25.RESPONSIBILITY FOR COSTS. A.Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of -7 – the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B.The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C.The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D.The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E.The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per year. F.In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 26.SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A.Compliance with the conditions of Preliminary Plat approval (Resolution 2013-60), Preliminary PUD Development Plan approval (Resolution 2013-61), Final PUD Development Plan approval (Resolution 2016-xx), and Final Plat approval (Resolution 2016-xx). B.Park dedication in the form of two off-road trail sections shall be dedicated to the City. Before the City signs the final plat, the developer shall convey the required trail easements to the City. C.The Developer shall install a temporary turnaround on the west end of Annabelle Lane until it is extended to the connecting streets with the adjoining phase of the Ravinia development. Before the City signs the final plat, the Developer shall furnish the City an appropriately executed temporary turnaround easement, in recordable form. D.The Developer shall post a $4,400.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 44 lots at $100.00 per lot. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. E.The Developer must obtain a sign permit from the City Building Official prior to installation of any subdivision identification signs. F.The Developer shall supply a complete set of the approved construction plans in an AutoCAD.DWG electronic file format before the preconstruction conference. G.The Developer shall include the “City of Corcoran’s Standard Detail Specifications” (all applicable sections) in the contract documents of their improvement project. -8 – H.Other requirements: 1.A final PUD development plan is approved to create for 44 lots and three outlots for Ravinia 4th Addition on 52.61 acres, in accordance with the plans and application received by the City on February 3, 2016 and additional information received on February 8, 2016 and March 1, 2016 except as amended by this resolution. 2.Approval is contingent upon City Council approval of the final plat. 3.The developer must submit a final plat for each future phase of development. No final approvals are granted at this time for Phases 5 -9. 4.The development contract must be executed by the developer and the City and must be filed with the final plat. a.Prior to finalizing the contract, the developer must provide updated construction estimates for the Development Contract that include landscape costs for City review and approval. 5.Development is subject to the preliminary approvals and amendments, except as otherwise amended. 6.Park dedication is based on the development of the entire Ravinia site and shall be land dedication totaling 32.12 net acres, due at the time of final plat for the phases that include public park dedication. With this phase, the developer shall dedicate: a.A trail easement of 0.056 gross acres over Outlot A. b.A trail easement of 0.056 gross acres over the north portion of Outlot C. c.The City and the developer are still working through the issues related to the location of the trail located in the south portion of Outlot C to remove wetland impacts and ensure that the trail location is coordinated with the future City park planned on Outlot C.This trail easement shall be evaluated and considered at a later date. d.The developer must provide gross and net acreages for the proposed trail easements. 7.Trailhead marker monuments are proposed by the developer in this phase, but are not approved at this time. Design and locations must be submitted for review and approval by the City Council prior to installation. 8.The sidewalk on the west side of Bridle Path shall be extended to the north cul de sac (formerly Whitetail Drive). 9.The applicant shall comply with all requirements of the City Engineer’s memo, dated March 30, 2016. 10.The PUD is hereby modified to allow the Discovery home on a 55-foot wide lot in this phase. All platted residential lots shall comply with the following setbacks: -9 – 55-foot lots 60-foot lots 65-foot lots 75-foot lots Front, From County Road 101* 100 feet 100 feet 100 feet 100 feet Front, From all other streets 20 feet 20 feet 20 feet 20 feet Front Porch (≤ 120 square feet) 15 feet 15 feet 15 feet 15 feet Side (living) 5 feet 7.5 feet 5 feet 5 feet Side (garage) (Minimum separation between structures on adjacent parcels shall be 10 feet.) 5 feet 5 feet 5 feet 5 feet Rear 25 feet 25 feet 25 feet 25 feet Maximum Principal Building Height 35 feet 35 feet 35 feet 35 feet 11.All garages must have a minimum 22-foot parking area in front of the garage that does not overlap into sidewalks, drives or streets. 12.PUD flexibility is provided to allow the face of the garage to exceed 55% of the building face. In exchange for this flexibility: a.Garage door colors shall be compatible with the building colors. b.Architectural elements shall be added above the garage to de-emphasize the garage doors. c.Garage doors shall be architecturally styled (this includes details such as raised panels, accent color, windows, etc.) to match the exterior of the home. 13.Except as noted above, all Design Requirements for the RSF-2 district shall be met, except as previously modified. Specifically: a.Each elevation facing a street or park shall have a minimum of 50% comprised on natural material consisting of brick, stone, stucco, hardi-board , redwood, cedar or other similar materials. A minimum of two different materials is required, except that brick may be used on the entire elevation. b.Vinyl siding is permitted as approved in Resolution 2015-02. c.Design of street and park fronting exterior elevations shall be varied with a minimum of five different styles provided in the development. d.Homes in proximity to each other shall not look alike in terms of the combination of color of siding, accent and roofing materials. The home under consideration will be compared to the two homes on each side and to the three homes directly facing it. e.All building elevations shall receive equal treatment and visual qualities. No blank elevations will be allowed. f.Each side and rear elevation shall have at least one window or door opening g.Equal architectural treatment on all sides of the building (materials, articulation, etc.) shall be used for all new residential construction when located on or visible from an arterial road way or public park. Accenting shall be accomplished by including accenting materials and design on all facades. 14.The plans show centralized mailbox locations. These mailbox locations shall be approved by the US Postal Service and proof of the approved locations provided to the City, prior to release of the final plat. -10 – 15.The street lighting plan and landscape shall be revised as needed to eliminate conflicts between trees and street lights. There appear to be a few locations where the light is in the tree canopy. The applicant indicates that there is no conflict, but this must be field verified. Trees that are located where lighting is impacted must be relocated by the developer where directed by the city. 16.Prior to release of the final plat for filing, the developer must revise the proposed landscaping plan for the cul de sac island to either: a.Comply with the original PUD approvals for an irrigated island with a mix of turf and plant materials, or b.Provide a revised plan for City Council approval that meets the quality appearance and durability of the original approvals. 17.No sub-neighborhood signage is requested or approved in this phase. 18.All permanent wetland buffer monument signs must be erected along the wetland buffer line as required by Section 1050.010, Subd. 7 of the Zoning Ordinance. a.Wetland signs shall be purchased from the City. b.The final locations must be inspected and approved by City staff. c.Monuments and signs shall be installed prior to approval of the building permit. 19.The development shall comply with the City’s requirements regarding fire access, fire protection and fire flow calculations, the location of fire hydrants, fire department connections and fire lane signage. 20.The applicant must record the approving resolutions and associated documents at Hennepin County and provide proof of recording to the City. 21.The applicant shall provide proof of recording the final plat and related documents at Hennepin County. 22.The applicant shall provide the approved preliminary and final plan drawings to the City in an electronic (AutoCAD) format. 23.Lot corner monuments shall be installed as required by the Subdivision Ordinance. A financial guarantee shall be required to ensure installation per city requirements. 27.MISCELLANEOUS. A.The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat or any part of it. B.Certain retaining walls will require a Building Permit. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following -11 – construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. C.Appropriate legal documents regarding Homeowner Association documents, conservation easements, covenants and restrictions, as approved by the City Attorney, shall be filed with the Final Plat. D.The parties anticipate that the Developer will make the HOA responsible for maintenance, repair or replacement of landscaping and irrigation in the boulevard medians and cul de sac islands; maintenance, repair or replacement of storm water improvements as needed and maintenance, repair or replacement of private park improvements. The Developer agrees to inform purchasers of lots within the Subdivision that 1) the city does not plan to maintain or pay for maintenance, repair or replacement of any such improvements and that the HOA will have primary responsibility for such work; 2) the City has the right but not the obligation to perform necessary work upon the failure or refusal of the HOA to do so; and 3) if the city performs any work on these improvements, the City intends to assess the cost of such work against the lots within the Subdivision and other portions of the property. E.Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,500,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $2,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given thirty (30) days advance written notice of the cancellation of the insurance. F.Third parties shall have no recourse against the City under this Contract. G.If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. H.The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. I.This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. The developer shall provide the City with proof of ownership (fee title) at the time this document is executed. J.Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to -12 – City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K.The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City’s demand, the Developer shall cease work until there is compliance. 28.DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, following a 30 day written demand that developer cure the default, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than 48 hours in advance. This contract is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 29.WARRANTY/PERFORMANCE GUARANTEE. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer or its contractors shall submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit or performance bond for twenty-five percent (25%) of the amount of the original cost of the improvements. A.The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B.The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one (1) year from the date of final written acceptance, unless the wearing course is placed during the same construction season as the bituminous base course. In those instances, the subdivider shall guarantee all work, including street construction, concrete curb and gutter, sidewalks and trails, material and equipment for a period of two (2) years from the date of final written City acceptance of the work. C.The required warranty period for sod, trees and landscaping is one growing season following installation. 30.SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this agreement, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit, in the form attached hereto, from a bank, cash escrow or a combination cash escrow and Letter of Credit ("security") for $1,482,993.40, which represents 125 percent of the estimated cost of the Improvements. The Letter of Credit shall be issued by a bank determined by the City to be solvent and creditworthy and shall be in a form acceptable to the City. The Letter of Credit shall allow the City to draw upon -13 – the instrument, in whole or in part, to reimburse the City for the full cost of the Improvements. The letter of credit shall include an automatic renewal clause. The letter of credit shall guarantee to the City the construction and satisfactory completion of all items to be completed by the developer; that the letter of credit shall be reduced from time to time as work is performed and accepted in a satisfactory manner; that the city engineer may reduce the letter of credit to the amount reasonably estimated by the City engineer to be necessary to cover the remaining construction obligations; however, the letter of credit shall not be reduced below the amount estimated by the City to cover all obligations of development including payment of costs and expenses incurred by the City for legal, engineering, planning and any other costs until a maintenance bond for period of one year, satisfactory to the city attorney and the city engineer has been provided by the developer or its subcontractor. Notwithstanding anything herein to the contrary, the Subdivision Letter of Credit shall not be reduced to less than $50,000, until such time as the City releases the entire Subdivision Letter of Credit. If at any time the City reasonably determines that the bank or banks issuing the Letter of Credit no longer satisfy the City’s requirements regarding solvency and creditworthiness, the City shall notify the Developer and the Developer shall provide to the City within 30 days a substitute for the respective Letter of Credit from another bank meeting the City’s requirements. If the Developer fails to provide the City within 30 days with a substitute Letter of Credit from an issuing bank satisfactory to the City, the City may draw under the existing Letter of Credit. The amount of the security was calculated as follows: -14 – ESTIMATED COSTS Developer ITEM City Project (1) Installed (2) Private (3) Total Street Construction $510,920.35 Hackamore Road CSAH 101 Turn Lanes CSAH 116 and 66th Avenue Turn Lanes 66th Avenue Street Improvements Traffic Signal at CSAH 101 Traffic Signal at CSAH 116 Sanitary Sewer System $119,921.78 Watermain System $192,073.00 Storm Sewer System $102,759.50 Boulevard and Drainage Swale Sod Pond Construction/Wetland Rest. Rain Garden Street and Traffic Control Signs Sidewalk Improvements ? Trail Improvements ? Landscaping ? Street Lighting Site Grading & Drainage Imp.* $165,395.25 Setting Iron Monuments $4,400.00 Tree Preservation and Reforestation Wetland Buffer Monuments SUB-TOTAL: $1,095,470.66 Admin, Insp, As-Builts (8%) $90,924.06 Total: $1,186,394.72 Total Project Cost $1,186,394.72 (1)Public Improvement/City Project. City to own and maintain after development complete. (2)Developer Installed Public Improvements. City to own and maintain after development complete. (3)Private - Property owner and/or property owners' association to maintain after development completed. *Note: If a grading permit was issued and the financial guarantee released and/or expired, these monies may be used for the required maintenance of the erosion and sediment control plan. -15 – 31.This breakdown is for historical reference; it is not a restriction on the use of the security. The City shall provide the Developer written notice of any default for which the City feels a draw down may be necessary. Upon receipt of notice, developer shall have 15 days to cure any default The City may draw down the security, if the developer fails to cure the default or violation of the terms of this contract or if the security. The bank shall be subject to the approval of the City Administrator. If the required public improvements are not completed at least 30 days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the city engineer or designee that work has been completed and financial obligations to the City have been satisfied, with city engineer or designee approval the security may be reduced from time to time by 75% of the financial obligations that have been satisfied. Twenty- five percent (25%) of the amounts certified by the Developer's engineer shall be retained as security until: (1) all improvements have been completed; (2) iron monuments for lot corners have been installed; (3) all financial obligations to the City satisfied; (4) the required "record" plans have been received by the City; (5) a warranty security is provided; and (6) the public improvements are accepted by the City. 32.SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City at the time of final plat approval for Phase 4: Sanitary Sewer Trunk line area charge (TLAC) $45,770.87 Water Supply Trunk line area charge (TLAC) $75,808.45 TOTAL CASH REQUIREMENTS LEVIED: $121,579.32 33.AGREEMENT RUNS WITH THE LAND. This Agreement shall run with the Property and shall be recorded against the title thereto. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the land within the Subdivision; that there are no unrecorded encumbrances or interests relating to the Property; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. 34.NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: _______________________________ _______________________________ _______________________________ Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Corcoran City Hall, 8200 County Road 116, Corcoran, MN 55340. The Developer shall notify the City within five (5) days of change of address. CITY OF CORCORAN: BY: ______________________________________ Ken Guenthner, Mayor (SEAL) AND _____________________________________ Brad Martens, City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _______ day of ________________, 20____, by Ken Guenthner and by Brad Martens, the mayor and city administrator of the City of Corcoran, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________ NOTARY PUBLIC DEVELOPER: By: ______________________________________ Its: ______________________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ________ day of ________________, 20____, by __________________________________ the ____________________________________ of ______________________________________ on its behalf. ______________________________________ NOTARY PUBLIC DRAFTED BY: CITY OF CORCORAN 8200 County Road 116 Corcoran, MN 55340 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT _______________________________________________________, fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this _____ day of ____________, 2_____. ______________________________________ ______________________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of _____________, 2____, by ______________________________________________________. ________________________________________ NOTARY PUBLIC DRAFTED BY: CITY OF CORCORAN 8200 County Road 116 Corcoran, MN 55340 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT _______________________________________________________, which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this _____ day of ____________, 2_____. ______________________________________ ______________________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2_____, by __________________________________________________________________________. ________________________________________ NOTARY PUBLIC DRAFTED BY: CITY OF CORCORAN 8200 County Road 116 Corcoran, MN 55340 CONTRACT PURCHASER CONSENT TO DEVELOPMENT CONTRACT _______________________________________________________________, which/who has a contract purchaser's interest in all or part of the subject property, the development of which is governed by the foregoing Development Contract, hereby affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property in which there is a contract purchaser's interest. Dated this _____ day of ____________, 2_____. ______________________________________ ______________________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2____, by ____________________________________________________________________________. ________________________________________ NOTARY PUBLIC DRAFTED BY: CITY OF CORCORAN 8200 County Road 116 Corcoran, MN 55340 IRREVOCABLE LETTER OF CREDIT TEMPLATE To: City of Corcoran Attn: City Clerk 8200 County Road 116 Corcoran, MN 55340 Dear Sir or Madam: We hereby issue, for the account of _____________________________, and in your favor, our irrevocable letter of credit in the amount of $_________________, for the purpose of _____________________ available to you by your draft drawn on sight on the undersigned financial institution. To draw on the Letter of Credit, the draft letter must: a.Bear the clause, “drawn under the Letter of Credit No. _____________, dated ___________, 2_____, of (Name of Bank); b.Be signed by the Mayor or City Administrator of the City of Corcoran. c.Be presented for payment at ___________________, on or before the expiration date of the letter of credit. d.Reason for the draw and the cost to be drawn against the letter of credit. THE FOLLOWING STATEMENT MUST BE INCLUDED ON ALL LETTERS OF CREDIT SUBMITTED TO THE CITY OF CORCORAN: This Letter of Credit shall automatically renew for successive one year terms unless, at least forty-five (45) days prior to the next annual renewal date the financial institution delivers written notice to the City of Corcoran City Administrator that it intends to modify the terms of, or cancel, this letter of credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty- five (45) days prior to the next annual renewal date addressed as follows: City of Corcoran, Attn: City Clerk, Corcoran City Hall, 8200 County Road 116, Corcoran, MN 55340, and is actually received by the City administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation of Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: _______________________________ Signature _______________________________ Its _______________________________ Printed Name of Signator Copy: City of Corcoran City Planner City of Corcoran City Engineer City of Corcoran City Administrator Hennepin County Property Map Date: 3/31/2016 Comments: 1 inch = 800 feet PARCEL ID: 3611923130011 OWNER NAME: U S Home Corporation PARCEL ADDRESS: 52 Address Unassigned, Corcoran MN 00000 PROPERTY TYPE: Vacant Land-Residential HOMESTEAD: Non-Homestead PARCEL AREA: 57.01 acres, 2,483,362 sq ft A-T-B: Both MARKET VALUE: $6,497,000 TAX TOTAL: $115,590.04 SALE PRICE: SALE DATA: SALE CODE: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2016 Engineer’s Memo Wenck Associates, Inc. | 1800 Pioneer Creek Center | P.O. Box 249 | Maple Plain, MN 55359-0249 Toll Free 800-472-2232 Main 763-479-4200 Email wenckmp@wenck.com Web wenck.com - To: Kendra Lindahl, City Planner From: Kent Torve, P.E., Kevin Mattson, P.E. Date: March 30, 2016 Subject: Ravinia Phase 4 – Plan Review Comments A plan set, dated (signed) 02/1/16, has been reviewed for Phase 4 of the Ravinia development. Additional detailed engineering comments have been forwarded to the applicant and this memo provides a summary for Planning Commission and Council. Summary Phase 4 is located north of Gleason Parkway and adjacent to CR 101. The phase will have significant grading, however the sewer, water and stormwater are adjacent to the phase boundaries so will be shorter extensions than other phases. General 1.Updated City standard detail plates have been provided to incorporate in 2016 construction. 2.Draft record plan sets are currently under review for Phases 1-3 and should be updated with revised information within 90 days of receipt. 3.Submit a list, and the status of, all permits required for the project. 4.Provide access to the three existing properties off of the current Whitetail Trail during construction. Lennar and the City are in contact with the residents regarding construction phasing. Sanitary Sewer & Watermain 5.Extend sewer and water mainline stubs to the Schwalbe property. This may require adding an additional manhole near the center of the western lot line. 6.Corcoran Fire Service providers and City now require Storz connections installed on all hydrants. See revised standard detail plate. 7.Review location of gate valve on 8” watermain loop connection between Galloway Circle and Gleason Parkway. All new watermain is required to be tested according to the specified requirements. Potential water shutdown impacts to the current residents should also be considered in the placement of the proposed valve. 8.Add a gate valve or retest a portion of the watermain installed during Phase 1 for the work at the current Whitetail Trail cul-de-sac. 2 \\mspfsv02.lps.local\Studios\Planning & Infrastructure Studio\City of Corcoran\COR16004 -Ravinia 4th Addition FP and PUD Final Plan (city file 16-004)\2016-03-30 Phase 4 Engineers memo.docx 9.Retesting of the sewer and watermain will be required where modifications are proposed on Bridle Path. Storm Sewer 10. Review storm sewer alignments that cause excessive depth for future maintenance issues. Rerouting may be necessary. 11. Relocate proposed light pole per City staff direction at the end of Galloway Circle. Where applicable, street light poles should be installed at a distance equal to a minimum of 1V:1H of the pipe invert depth. 12. Review options for the existing storm sewer pipe installed to the previously described exception parcel. Consider regrading backyard areas to drain to storm sewer CB and eliminate culvert under trail or add a single CB rather than bulkhead pipe. Coordinate with city staff. Modeling 13. Submit the most recent stormwater model used for determining the proposed wetland and pond water elevations. Model should be updated to reflect record plans and changes. 14. Provide storm sewer calculations for storm sewer networks throughout Phase 4 to verify design capacities and local flooding potential. 15. Add elevations to EOF’s at all street and trail crossings. Grading 16. The HWLs or low opening of Lots 5, 6, 8, and 15 of Block 1 need to be modified to meet the 2 foot separation requirement from the EOF for the backyard drainages. 17. Restore areas outside of Phase 4 that were used for borrow. 18. Work with staff adjust alignment of the proposed bituminous trail from Annabelle Lane to Gleason Parkway to outside of the wetland buffer. Where the trail crosses the wetland near the future city park area, the trail crosses through the wetland buffer should be minimized. 19. Soil corrections for trail construction may be required for work adjacent to the wetland areas. Requirements for structural soils and/or other improved foundation materials will be reviewed in the field prior to construction. Coordinate with city staff. 20. Provide trail centerline design elevations every 200 feet and at high and low points. The trail grade should be above the HWL elevation of the adjacent wetland/ponds. 3 \\mspfsv02.lps.local\Studios\Planning & Infrastructure Studio\City of Corcoran\COR16004 -Ravinia 4th Addition FP and PUD Final Plan (city file 16-004)\2016-03-30 Phase 4 Engineers memo.docx 21. Identify on the plans where bituminous trail grades exceed 5% slope. Review specific locations with city staff. 22. Work with city staff for the bituminous trail installation between Annabelle Lane and Gleason Parkway. The city has not yet begun any preliminary concept work for the future city park at the intersection of Primrose Lane and Gleason Parkway. 23. Verify minimum of 10 foot access routes for all general maintenance requirements for ponds, utilities, etc. Streets 24. Provide a detailed layout for each pedestrian ramp constructed. Pedestrian ramps shall meet current ADA requirements and include information related to cross-slopes, approach grades, truncated dome orientation, and general layout. 25. Extend concrete sidewalk along the west boulevard of the proposed street improvements to the current Whitetail Trail cul-de-sac. 26. Extend the street profile to include the current Whitetail Trail cul-de-sac. Identify existing contours and existing grade profiles. It appears that there is a proposed 4 foot cut of material required to construct the new street. Proposed grading and drainage should be more clearly identified on the drawings. 27. Verify existing surface drainage patterns across the proposed street extension to the current Whitetail Trail cul-de-sac. Drainage should be maintained from the adjacent parcel to the east of the street. 28. Identify any proposed retaining wall locations. 29. Label draintile cleanout locations on the plans. Plat 30. Verify easements over utilities, EOFs, ponds, wetlands, etc. provide sufficient coverage for access and maintenance activities. End of Comments 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE1-888-937-5150 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE1-888-937-5150 x x 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE1-888-937-5150 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE1-888-937-5150 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE1-888-937-5150 x x x x x 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE1-888-937-5150 7699AnagramDriveEdenPrairie,MN55344PHONE952-937-5150FAX952-937-5822TOLLFREE1-888-937-5150 2 Regents of the University of Minnesota. All rights reserved. LIVING LABORATORY ON CAMPUS Ravinia Corcoran, MN Plan Detail Typical Cul-de-sac Planting Detail 0002528 4-19-2016 N Phone (952) 937-5150 Fax (952) 937-5822 Toll Free (888) 937-5150 7699 Anagram Drive Eden Prairie, MN 55344 westwoodps.com Westwood Professional Services, Inc. 0‘20‘40‘60‘ Credit: University of Minnesota Credit: Praire Nursery Credit: Lennar Credit: Prairie Nursery Low-Mow Turf Examples Planting Bed Example Low-Mow Turf Benefits: * Winter Hardy; Bluegrass & Fescues blend * Similar aesthetic to traditional lawns * No irrigation needed beyond establishment period * Withstands moderate foot traffic & moderate shade * “Low Input Lawn”: lower maintenance regime vs typical Bluegrass lawns * Maintained at 3-5” height (more mowings for shorter turf) * Mowed 4x per year (Late May, Mid June, Early Sept, & after killing frost) * Additional mowings optional dependant on rainfall & desired aesthetic * Low nutrient requirements (little to no fertilizer necessary) * Easy repair if needed; simply reseed problem areas. * Bounces back after dormancy during extended drought periods ** Installed at Eden Gardens Project in Eden Prairie, fall 2015. ** Sample Low-Mow Turf Mix Composition: * 17.5% “Kenblue” Kentucky Bluegrass * 17.5% “Newport” Kentucky Bluegrass * 25.0% “Kent” Creeping Red Fescue * 25.0% “Sea Link” Slender Red Fescue * 8.0% “Sword” Hard Fescue * 7.0% “Jamestown IV” Chewings Fescue * Seeding Rate: 200# per acre (4.5# per 1,000 sf) Typical Cul-de-sac Planting Schedule: Code: Qty: Plant Name: Size: Spacing: MIS 10 Miscanthus Flame Grass / Miscanthus sinensis ‘Purpurascens’ #1 cont. 48” o.c. PDB 12 Panicum Dewey Blue Switchgrass / Panicum amarum ‘Dewey Blue’ #1 cont. 36” o.c. LBS 23 Blue Heaven Bluestem / Schizachyrium scoparium ‘Minnblue A’ #1 cont. 18” o.c. DARK SHREDDED HARDWOOD BARK MULCH (INTERIOR) LENNAR.COM LENNAR®The Columbus Discovery Collection Plans and elevations are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to these floor plans, specifications, dimensions and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes may vary from home to home and may not accommodate all vehicles. U.S. Home Corporation d/b/a Lennar – License No. 20464871. Lennar Sales Corp. – Broker. MN Bldr. Lic # BC001413. Copyright © 2015 Lennar Corporation. All rights reserved. Lennar, the Lennar logo and the Everything’s Included logo are registered service marks or service marks of Lennar Corporation and/or its subsidiaries. (10196) 7/16/15 952-249-3000 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 The Twin Cities #1 homebuilder for the last 9 years! FIRST FLOOR GREAT ROOM17' x 17' 9' x 13' 10' x 14' 19' x 21' 11' x 12' NOOK FLEXROOM FOYER PORCH KITCHEN 2 CAR GARAGE W.I.C.PWDR. MUDROOM OPT.DOORS OP T . WI N D O W OP T . WI N D O W CL O S E T UP DN OP T . FIR E P L A C E DW PANTRY RE F . SECOND FLOOR LINEN BEDROOM 3 BEDROOM 4 MASTERBEDROOM BEDROOM 2 W.I.C. MASTERBATH BATH OPT. TRAY CLG. OPT.W DN OPT.D LA U N D R Y 10' x 10'11' x 10' 11' x 10' 12' x 13' OPT. BOX VAULT Main Level Upper Level 2,148 Sq. Ft. • 2 Stories • 4 Bedrooms • 3 Bathrooms • 2 Car Garage LENNAR.COM LENNAR®The Columbus Discovery Collection 952-249-3000 A C B D 2 Stories | 4 Bedrooms | 3 Bathrooms | 2 Car Garage 2,148 Sq. Ft. LENNAR.COM LENNAR®The Vanderbilt Discovery Collection Plans and elevations are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to these floor plans, specifications, dimensions and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes may vary from home to home and may not accommodate all vehicles. U.S. Home Corporation d/b/a Lennar – License No. 20464871. Lennar Sales Corp. – Broker. MN Bldr. Lic # BC001413. Copyright © 2014 Lennar Corporation. All rights reserved. Lennar, the Lennar logo and the Everything’s Included logo are registered service marks or service marks of Lennar Corporation and/or its subsidiaries. (10197) 12/18/14 952-249-3000 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 The Twin Cities #1 homebuilder for the last 8 years! FIRST FLOOR OPT.BENCH OP T . FIR E P L A C E PANTRY UP DW RE F . CO A T S MUDROOM PWDR W.I.C. FLEXROOM GREATROOM NOOK KITCHEN FOYER PORCH 2 CAR GARAGE DN 17' x 17' 10' x 13' 11' x 13' 21' x 18' 11' x 13' SECOND FLOOR BEDROOM 3 BEDROOM 2 MASTER BEDROOM BEDROOM 4 MASTERBATH W.I.C. W.I.C. W.I.C. LA U N D R Y 11' x 11' 11' x 10' 14' x 14' 11' x 10' BATH OPT. BOX VAULT DN LINEN OPT.W OPT.SINK OPT.D LENNARREV. 01.24.15PLAN 5003-NO FURNITURE LENNARREV. 01.24.15PLAN 5003-NO FURNITURE 2,271 Sq. Ft. • 2 Stories • 4 Bedrooms • 3 Bathrooms • 2 Car Garage Main Level Upper Level LENNAR.COM LENNAR®The Vanderbilt Discovery Collection 952-249-3000 A C B D 2 Stories | 4 Bedrooms | 3 Bathrooms | 2 Car Garage 2,271 Sq. Ft. LENNAR.COM LENNAR®The Hamilton Discovery Collection Plans and elevations are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to these floor plans, specifications, dimensions and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes may vary from home to home and may not accommodate all vehicles. U.S. Home Corporation d/b/a Lennar – License No. 20464871. Lennar Sales Corp. – Broker. MN Bldr. Lic # BC001413. Copyright © 2014 Lennar Corporation. All rights reserved. Lennar, the Lennar logo and the Everything’s Included logo are registered service marks or service marks of Lennar Corporation and/or its subsidiaries. (10198) 12.19.14 952-249-3000 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 The Twin Cities #1 homebuilder for the last 8 years! FIRST FLOOR OP T . CO U N T E R TO P OPT. D PANTRY DW RE F . OPT.BENCH UP DN OP T . F I R E P L A C E MUD ROOM PWDR L A U N D R Y W.I.C. FOYER 2 CAR GARAGE PORCH FLEXROOM GREATROOM DINING ROOM KITCHEN OPT. W O P T . S I N K 18' x 15' 15' x 10' 15' x 8' 21' x 21' 11' x 12' SECOND FLOOR LINEN DN OPT. BOX CLG. OPT. BOX VALULT MASTER BATH BATH 2 W.I.C. W.I.C. W.I.C. W.I.C. MASTER BEDROOM BEDROOM 2 BEDROOM 4 BEDROOM 3 OPT. SINK 11' x 12' 11' x 12' 14' x 15' 11' x 12' Main Level Upper Level 2,450 Sq. Ft. • 2 Stories • 4 Bedrooms • 3 Bathrooms • 2 Car Garage LENNAR.COM LENNAR®The Hamilton Discovery Collection 952-249-3000 A C B D 2 Stories | 4 Bedrooms | 3 Bathrooms | 2 Car Garage 2,450 Sq. Ft. LENNAR.COM LENNAR®The Alexander Discovery Collection Plans and elevations are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to these floor plans, specifications, dimensions and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes may vary from home to home and may not accommodate all vehicles. U.S. Home Corporation d/b/a Lennar – License No. 20464871. Lennar Sales Corp. – Broker. MN Bldr. Lic # BC001413. Copyright © 2015 Lennar Corporation. All rights reserved. Lennar, the Lennar logo and the Everything’s Included logo are registered service marks or service marks of Lennar Corporation and/or its subsidiaries. (10199) 7/6/15 952-249-3000 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 The Twin Cities #1 homebuilder for the last 9 years! Main Level Upper Level 2,443 Sq. Ft. • 2 Stories • 4 Bedrooms • 3 Bathrooms • 2 Car Garage LENNAR.COM LENNAR®The Alexander Discovery Collection 952-249-3000 A C B D 2 Stories | 4 Bedrooms | 3 Bathrooms | 2 Car Garage 2,443 Sq. Ft. LENNAR.COM LENNAR®The Lewis Discovery Collection Plans and elevations are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to these floor plans, specifications, dimensions and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes may vary from home to home and may not accommodate all vehicles. U.S. Home Corporation d/b/a Lennar – License No. 20464871. Lennar Sales Corp. – Broker. MN Bldr. Lic # BC001413. Copyright © 2015 Lennar Corporation. All rights reserved. Lennar, the Lennar logo and the Everything’s Included logo are registered service marks or service marks of Lennar Corporation and/or its subsidiaries. (10200) 7/6/15 952-249-3000 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 The Twin Cities #1 homebuilder for the last 9 years! FIRST FLOOR OP T . FIR E P L A C E OP T . BE N C H PANTRY DN DN REF. OPT.DOORS O P T . WI N D O W O P T . WI N D O W DW MUDROOM PWDR W.I.C. FAMILYROOM DININGROOM KITCHEN 2 CAR GARAGE FOYER PORCH FLEXROOM UP 16' x 17' 11' x 10' 12' x 13' 19' x 21' 12' x 13' SECOND FLOOR DN OP T . SI N K OPT.SINK OPT. BOXVAULT LINEN LA U N D R Y BATH2 MASTER BATH W.I.C. W.I.C. W.I.C.W.I.C. BEDROOM 4 MASTERBEDROOM BEDROOM 2BEDROOM 3 LOFT OPT.W OPT.D 11' x 12' 12' x 10' 12' x 14'11' x 12' 15' x 16' Main Level Upper Level 2,692 Sq. Ft. •2 Stories •4 Bedrooms •3 Bathrooms •2 Car Garage LENNAR.COM LENNAR®The Lewis Discovery Collection 952-249-3000 A C B D 2 Stories | 4 Bedrooms | 3 Bathrooms | 2 Car Garage 2,692 Sq. Ft. 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 DATE:April 20, 2016 for the April 28, 2016 City Council Meeting RE:Park Dedication Ordinance Update (City File 16-006) 60-DAY REVIEW DEADLINE:N/A 1.Request Provide feedback to staff on draft amendments to the park dedication requirements of the Subdivision Regulations, Chapter 9 of the Corcoran City Code, and give direction on the next steps for considering the amendments. 2.Background Corcoran’s current park dedication standards were developed in 2011 based on the park and trail system needs identified by the city’s Comprehensive Plan. Amendments in December of 2014 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 March 28th meeting, the Council authorized staff to conduct a review of the park dedication ordinance to: 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. 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 Agenda Item: 9c. Park Dedication Ordinance Update 2 April 20, 2016 for April 28, 2016 City Council Meeting 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. 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.Update of 2011 Data and Assumptions on Park Dedication The 2011 park dedication report, on which the current ordinance is based, included assumptions about land values, construction costs, the City’s parks plan and future land use and development. This report updates the 2011 analysis, as follows: a)Land Values The City Assessor was consulted on current land values, based on land sales in Corcoran and adjacent communities (MUSA and non-MUSA areas.) Table 1 shows the values used in the 2011 report and the recommended values for the 2016 update. Table 1: Land Value Assumptions Land Use 2011 Assumption Land Value per Acre 2016 Assumption Land Value per Acre Non-MUSA Residential $ 20,000 $ 10,000 Low and Medium Density Residential (MUSA) $ 80,000 $ 80,000 High Density Residential and Commercial/Industrial $ 100,000 $125,000 The assessor noted that land values may differ within the city based on location and factors such as the school district in which the parcel is located. There have been very few recent sales but these are the best estimates that can be made at this time. It will be important to update these assumptions on an annual basis, as required by the state law. Land values are used to calculate the appropriate park fee and are also a factor in projecting the cost to acquire land for parks and trails. b)Construction Costs The 2011 report included an estimate of the cost to acquire and construct the park system envisioned by the Comprehensive Plan (Attachment A.) Attachment B updates the estimate for 2016. Park facility costs were updated using the Turner Construction cost index which shows an approximate 21% increase in non-residential construction costs from 2010 to the first quarter of 2016. Trail facilities costs were updated using recent trail planning estimates developed by Hennepin County. Park Dedication Ordinance Update 3 April 20, 2016 for April 28, 2016 City Council Meeting After reviewing the 2011 cost estimates in detail, it was found that the table included several errors that were corrected on the 2016 update. Construction and land cost estimates were missing for one community park and two open space parks, which led to an understatement of the total park costs. In 2011, the total Park Facilities and Land Cost was estimated at $42,474,750. In 2016, we estimate the cost to be approximately $60,216,200. c)Park Plan Assumptions The 2011 report assumed construction of the parks system identified in the City’s adopted Comprehensive Plan, and no changes have been made for this report. None of the facilities identified in the existing plan have been built, so the future needs are assumed to be the same. While the City is currently considering adding parks as part of new design guidelines for the downtown area, those are not yet part of the Comprehensive Plan so are not considered in this updated report. If the Comprehensive Plan is amended to add new facilities, this report will need to be updated to include them. d)Land Development Assumptions The 2011 report used data on developable acreage within the MUSA to estimate the potential amount of park dedication that would be generated by new development, at full build-out of the MUSA area. Since that report was prepared, most of the new development has occurred on lots that existed at that time, so the data from the 2011 report has been carried through to this report, with one exception. The 2011 report assumed that there were 1,240 acres of Rural/Ag Residential land outside the MUSA that could be subdivided to allow a maximum of 632 dwelling units. This appears to significantly overestimate the potential for subdivisions outside the MUSA. Therefore, we have changed the assumption of 632 units to a maximum of 124 (an average of one unit per 10 acres) to avoid overestimating the amount of park dedication that could come from outside the MUSA. d)Population Forecasts The Comprehensive Plan is based on the Metropolitan Council’s forecast that Corcoran’s population would be 17,600 people by the year 2030. The Council’s most recent forecast (adopted May 28, 2014 and updated July 8, 2015) is for a population of 8,900 by 2030, and 11,300 by 2040. This is a significant reduction. If the Metropolitan Council is correct, development and extension of public facilities (including parks) will happen more slowly than the city has previously assumed. It does not change the facilities that would be needed when the development occurs, only the period of time over which they would be needed. The 2011 report assumed that full build-out of the MUSA would generate enough park dedication contributions to develop the park system. The land in the MUSA has the capacity, if it develops at the densities specified in the Comprehensive Plan, to accommodate significantly more development than is expected by the Metropolitan Council forecasts. The next update of the Comprehensive Plan will need to consider the Metropolitan Council’s forecast at the time of the update, and this analysis will need to be repeated based on the updated plan. Park Dedication Ordinance Update 4 April 20, 2016 for April 28, 2016 City Council Meeting 4.Current Park Dedication Requirements The current ordinance requires each new development to contribute a percentage of the land to be subdivided, or cash in lieu, to the City’s park system. The percentages range from 10% to 14% for residential land and vary by the designation on the City’s land use plan. The ordinance recognizes that as the population density increases, there is a higher demand for parks per developed acre. The lowest percentage for residential development applies in the non-MUSA area where new development will be single family detached homes on large lots at the lowest density. The highest percentage applies in areas where housing types are expected to be multiple family residences at the highest allowable densities. Commercial and Industrial land uses are required to dedicate 5% of their land area or cash in lieu. The current ordinance states that “Commercial/Industrial development of land will create approximately five (5) percent of the need for park and recreational land and facilities within the City.” Table 2, below, shows the potential cash value of park dedication based on the 2011 report and the current adopted ordinance, and compares it to the cost of the park system as it was estimated at that time. The difference between the potential value of dedication and park cost was small and probably within the margin of error for the cost and land value estimates in the report. The 2011 report concluded that because the total amount of dedication that could be generated using this fee schedule is approximately equal to the cost of the park and trail system, it provides the “nexus” that the law requires between the needs and the fee. The land value is part of the calculation, so it was deemed to satisfy the requirement that land dedication be related to the fair market value of the land. Table 2: Current Land Uses and Dedication Requirements, 2011 Costs and Values Land Use Category Acres % Land Dedicated Land Value Cash Value Rural/Ag Residential 1,240 10% $ 20,000 2,480,000 Low Density Residential 2,716 11% $ 80,000 23,900,800 Medium Density Residential 147 12% $ 80,000 1,411,200 Mixed Residential 555 13% $ 80,000 5,772,000 High Density Res./Mixed Use 386 14% $ 100,000 5,404,000 Commercial and Industrial 728 5% $ 100,000 3,640,000 Total Potential Value of Land or Cash in Lieu $ 42,608,000 Approximate Cost of Park System $ 42,475,000 Difference: $ 133,000 Park Dedication Ordinance Update 5 April 20, 2016 for April 28, 2016 City Council Meeting Table 3, below, calculates the potential cash value of park dedication based on the 2016 updated land values, and compares it with the approximate cost of the park system based on the updated land and construction costs. There is now a significant ($16.587 million) gap between the value of potential park dedication and the cost of the park system because of the cost increases and the corrections to the 2011 estimates. The City can deal with this gap in a couple of ways. The dedication requirements may be increased to ensure new development contributes enough land and cash to fill the gap; or, the parks plan could be scaled back to a more affordable cost. The latter option is beyond the scope of this report and would need to be addressed as part of the next Comprehensive Plan update. 5.Equity of Current Park Dedication Requirements A key issue with the current formula is whether or not the dedication requirements for the various residential density categories are equitable, particularly for the lowest density residential development outside of the MUSA. The equity issue can be illustrated by comparing two hypothetical subdivisions. The first is a rural subdivision dividing a vacant 20-acre parcel into 2, 10-acre building lots (A.) The second is a subdivision of a 20-acre urban parcel at low density residential into 60 building lots (B, 3 units per acre.) Land values have been updated to the 2016 estimate. Table 4: Hypothetical 20-Acre Subdivision Example #1 Land Use Category Ac % Dedication Land Value, Per Acre Cash Value of Dedication # Lots Per Unit Dedication A Rural/Ag Residential 20 10% $ 10,000 $ 20,000 2 $ 10,000 B Low Density Residential 20 11% $ 80,000 $ 176,000 60 $ 2,933 Table 3: Land Uses and Dedication Requirements, 2016 Costs and Values Land Use Category Acres % Land Dedicated Land Value Cash Value Rural/Ag Residential 1,240 10% $ 10,000 1,240,000 Low Density Residential 2,716 11% $ 80,000 23,900,800 Medium Density Residential 147 12% $ 80,000 1,411,200 Mixed Residential 555 13% $ 80,000 5,772,000 High Density Res./Mixed Use 386 14% $ 125,000 6,755,000 Commercial and Industrial 728 5% $ 125,000 4,550,000 Total Potential Value of Land or Cash in Lieu $ 43,629,000 Approximate Cost of Park System $ 60,216,200 Difference: $ (16,587,200) Park Dedication Ordinance Update 6 April 20, 2016 for April 28, 2016 City Council Meeting In this example, the rural subdivision (A) would contribute more than three times more per lot for park dedication than the urban example (B.) This suggests that the required percentage dedication should be significantly adjusted to make the per unit contribution more comparable between the two land use categories. There is also an equity issue regarding how the current standards apply to single family developments compared to other housing types such as townhomes or apartments. Density is used as a factor for park dedication requirements as a proxy for estimating the number of dwelling units and thus the demand on the park system by new residents. It may be fairer to consider the need for parks on the basis of population, not simply the number of dwelling units. In the examples in Table 4, above, the expected population (aka “household size”) of each dwelling unit would probably be about the same. Single family household sizes in Corcoran are expected to average about 2.8 persons per dwelling unit. However, townhomes and apartment household sizes would be expected to average approximately 1.9 persons per dwelling unit (based on data from other communities that have significant amounts of multi-family housing types.) Table 5 shows another hypothetical housing development, showing how different household sizes result in different park dedication contributions by population (“per capita”.) Here we compare subdivision B (single family, 3 units per acres) to a medium density townhome development (C, 6 units per acre.) Table 5: Hypothetical 20-Acre Subdivision Example #2 Land Use Category Ac % Dedication Land Value, Per Acre Cash Value of Dedication # Lots Per Unit Dedication Per Capita Dedication B Low Density Residential 20 11% $ 80,000 $ 176,000 60 $ 2,933 $ 1,048 C Medium Density Residential 20 12% $ 80,000 $ 192,000 120 $ 1,600 $ 842 In this example, the Medium Density multi-family development would contribute a higher cash value of park dedication, but the per-unit dedication would be about 55% of the Low Density project. The per capita dedication would be about 81% of that for the Low Density project due to the smaller household size in the multi-family project. Making assumptions about household size, the characteristics of the residents and what type of parks facilities they may demand is difficult. Single family homes may initially tend to attract larger households, such as families with children who may play organized sports which generate a lot of need for active park facilities. But those families will age and the children may leave home, reducing the population in those homes. Resident’s recreation preferences will change over time as they age and as homes turn over to new residents. Apartments may attract singles, whose demands on parks may be different than those of families. But on the other hand, economic changes may encourage families to occupy multi-family dwellings, making it difficult to predict the park needs of higher density developments. Park Dedication Ordinance Update 7 April 20, 2016 for April 28, 2016 City Council Meeting In communities like Corcoran with large rural areas, there may be a concern that residents in the rural portion of the community do not benefit from the park system in the same way as the residents of the urban area. Residents may have room for some amenities (such as play equipment or sport courts) on their own property, or may be scattered long distances that make walking to neighborhood parks difficult. However, these rural residents may derive greater benefit from trails than residents in more densely populated areas, and will benefit from the community-wide facilities (for example, athletic fields) that cannot be provided on an individual basis. Conversely, residents in the urban area may live in developments that provide amenities to residents (such as a play structure or a swimming pool) that could replace their use of some public park facilities. One way of dealing with this is to ensure that each new resident contributes equitably to the planned public facilities that they all will share regardless of the private amenities available at their homes. The current ordinance also gives the city discretion to give some credit if developments provide facilities that meet the need for neighborhood parks within a development. 6.Alternative Park Dedication Schedule It appears that some changes to the percentage dedication required for each land use type should be made to ensure that each type of development contributes its proportionate share of park dedication for the new residents it will bring to the community. The percentages of land to be dedication will also need to increase to provide sufficient funding for the planned park system. Table 6 shows the population that could be added to the community in the various residential land use categories, assuming that the lowest density areas are all single family detached units and the highest density areas are all multi-family housing types. A minimum, maximum and average are shown for each category. Table 6: Expected Population Density by Land Use Category Units per Acre Persons per Acre Land Use Category HH Size Min Max Avg Min Max Avg Rural/Ag Residential 2.8 0.1 0.1 0.1 0.28 0.28 0.28 Low Density Residential 2.8 3 5 4 8.40 14.00 11.20 Medium Density Residential 1.9 5 8 7 9.50 15.20 12.35 Mixed Residential 1.9 8 10 9 15.20 19.00 17.10 High Density Residential/Mixed Use 1.9 10 20 15 19.00 38.00 28.50 For the purpose of long range planning, it may make the most sense in this case to use the minimum population density. The acreage figures used in the park dedication analysis did not appear to include any allowances for undevelopable property, such as wetlands. Also, the Comprehensive Plan assumes that planned park facilities are needed at full build-out of the MUSA, so the development in the MUSA needs to provide sufficient park dedication to fund the system, even if actual development occurs at the low end of the range permitted. Park Dedication Ordinance Update 8 April 20, 2016 for April 28, 2016 City Council Meeting Table 7 shows the maximum population at full build-out of the MUSA, using the minimum of the density range allowed in each land use category. Table 7: Expected Population at Build Out, Average Densities Land Use Category Acres Persons per Acre Population Rural/Ag Residential 1,240 0.28 347 Low Density Residential 2,716 8.40 22,814 Medium Density Residential 147 9.50 1,397 Mixed Residential 555 15.20 8,436 High Density Residential/Mixed Use 386 19.00 7,334 40,328 Each new resident’s proportionate share of the park system would be the cost of the park system ($57,205,390 after deducting the 5% share for non-residential development) divided by the population served (40,328) to equal the per capita share: $1,418. The per capita share can then be multiplied by the number of persons per acre to determine the park dedication that must be contributed for each acre of land to be developed. Comparing that amount to the value of the land yields the new percentage of land value to be dedicated in each land use category, shown on Table 8. Table 8: Proposed Dedication by Land Use Category Land Use Category Person s per Acre Dedication per Acre ($1,418 per capita) Land Value per Acre % Land Value Rural/Ag Residential 0.28 397 $ 10,000 4% Low Density Residential 8.40 11,915 $ 80,000 13% Medium Density Residential 9.50 13,476 $ 80,000 15% Mixed Residential 15.20 21,561 $ 80,000 24% High Density Residential/Mixed Use 19.00 26,951 $ 125,000 19% For Commercial/Industrial Development, the % of land value may be calculated by dividing its share of park costs (5% of the total cost, or $3,010,810) by the total acres (728) to yield the contribution per acre ($4,135.) This is approximately 3% of the land value ($4,135 divided by $125,000 per acre.) Table 9 on the next page is the same as Table 3, except that the new percentage land dedication requirements, as were calculated above, have replaced the percentages of the existing ordinance. The total amount of dedication that could be generated is close to the projected cost of the park system. (The difference is due to rounding of calculations.) Park Dedication Ordinance Update 9 April 20, 2016 for April 28, 2016 City Council Meeting 7.Cash in Lieu of Land Contribution In many cases, the park plan will not call for land to be dedicated in a particular subdivision and the city will request cash in lieu of land. The current ordinance states that: “The City Council may identify a maximum park dedication fee per residential unit. The subdivider shall pay the lesser of the per unit fee or the equivalent cash market value calculated using the table above [the percentage of land value] for residential land use dedication requirements.” For 2016, Corcoran’s cash park fee is set at $4,000 per unit in the MUSA, and $3,000 outside of the MUSA (Ordinance No. 2015-312.) In practice, cities often have set this fee by considering what neighboring cities charge. While it may be comfortable to know what the “market” is for park fees, it is probably not defensible given the statutory requirements as it has no relationship to local land values or to the city’s park plan. A simple approach would be to set the cash-in-lieu of land fee based on the per capita share of park costs calculated above ($1,418.) The fee for single family units would be $1,418 X 2.8 (the average household size) or $3,970. The fee for multi-family units would be $1,418 X 1.9, or $2,694. The current ordinance states that the current fee is the maximum that may be charged. If the City determines that the per-capita fee is the equitable basis for estimating the demand on the park system, this fee could be set as a minimum, not the maximum. The existing ordinance allows for the fee to be determined on a case-by-case basis requiring that an appraisal of the land be submitted and the cash contribution calculated on the percentage of the land value. This is a sensible approach given the variation in land values, and gives the City and developer some room for negotiation. In the case of small land divisions where the cost of an Table 9: Proposed Dedication Requirements with 2016 Costs and Values Land Use Category Acres % Land Dedicated Land Value Cash Value Rural/Ag Residential 1,240 4% $ 10,000 496,000 Low Density Residential 2,716 15% $ 80,000 32,592,000 Medium Density Residential 147 17% $ 80,000 1,999,200 Mixed Residential 555 27% $ 80,000 11,988,000 High Density Residential/Mixed Use 386 22% $ 125,000 10,615,000 Commercial and Industrial 728 3% $ 125,000 2,730,000 Total Potential Value of Land or Cash in Lieu $ 60,420,200 Approximate Cost of Park System $ 60,216,200 Difference: $ 204,000 Park Dedication Ordinance Update 10 April 20, 2016 for April 28, 2016 City Council Meeting appraisal might be excessive, the city could waive that requirement and accept the minimum fee based on the per capita share, as described above. 8.Draft Ordinance Amendments A draft amendment to Section 955.020, Subd. 6, of the City Code has been prepared to reflect the alternative park dedication schedule as described above. The amendment would make the following changes: The table of land use dedication requirements would be revised to incorporate the percentage requirements listed in Table 9, above. The maximum park dedication fee per residential unit would become the minimum fee. The text of Section C below the table (commercial and industrial uses) would be amended to match the dedication requirement (3%) as shown in the amended table. A new paragraph (new Section D) has been added to clarify that for mixed use development, park dedication requirements will be pro-rated based on the acres of land devoted to each type of land use. The text of Section D, Determination of Fair Market Value, would be replaced with new language from the 2013 amendment of Minn. Stat. Section 462.358, Subd. 2b, as follows: “The fair market value of the undeveloped land shall be determined by the City annually based on tax valuation or other relevant data. If the City’s calculation of valuation is objected to by the applicant, then the value shall be as negotiated between the City and the applicant, or based on the market value as determined by the City based on an independent appraisal of land in a same or similar land use category.” Changes to the cash in lieu of land fee would also require an amendment to Ordinance No. 2015- 312, the ordinance that adopted the City’s 2016 fee schedule. Annually, when the City updates its fee schedule, the assessor should be consulted on any changes in land values, cost estimates should be updated for inflation, and the minimum park fee recalculated. 9.Next Steps After the Council has completed its discussion of this report and the draft ordinance amendments, the next steps would be: Parks and Trails Commission meeting—review report and draft ordinance (tentative date: May 17) Planning Commission meeting—public hearing on draft ordinance amendment (tentative date: June 2) City Council adoption of ordinance amendment (tentative date: June 23) Park Dedication Ordinance Update 11 April 20, 2016 for April 28, 2016 City Council Meeting Attachments: A.Park Facilities and Land Cost Estimates, 2011 Report B.Park Facilities and Land Cost Estimates, 2016 Update C.Population, Dedication and % of Land Value Calculations D.Draft Amendment to Section 955, Park Dedication Attachment A: Corcoran Park Dedication Park Facilities and Land Cost Estimates, 2011 Report Parks Total # of Existing Park Facilities Total # of Existing Park Acres Total # of Future (2030) Park Facilities Approx. acres per park Total # of Future (2030) Park Acres Total # of Additional Parks Total # of Additional Acres 2020 Parks to develop 2030 Parks to develop Neighborhood Parks 0 0 6 7 42 6 42 4 2 Community Parks 2 23 4 25 73 2 50 2 1 Athletic Complex 0 0 1 120 120 1 120 1 0 Community Playfields 1 40 2 15 70 1 30 1 0 Open Space Park 0 0 1 20 60 1 60 1 2 Totals 63 365 302 Notes: 1.Approximate acres per park are based on park classification range of acres. 2.This estimate is based on a forecast population of 17, 600 by the year 2030. 3.The Rockford School District currently owns the existing Community Playfield Parks Inside MUSA # of Parks to develop Unit Cost Facility Cost Approx. acres per park Acres Required Unit Cost Land Cost # of Parks to develop Unit Cost Facility Cost Approx. acres per park Acres Required Unit Cost Land Cost Neighborhood Parks 4 $400,000 $1,600,000 7 28 $80,000 $2,240,000 $3,840,000 2 $400,000 $800,000 7 14 $80,000 $1,120,000 $1,920,000 Community Parks 2 $1,500,000 $3,000,000 25 50 $80,000 $4,000,000 $7,000,000 Athletic Complex 1 $2,500,000 $2,500,000 120 120 $80,000 $9,600,000 $12,100,000 0 Community Playfields 1 $500,000 $500,000 15 15 $80,000 $1,200,000 $1,700,000 0 Open Space Park 0 0 Outside MUSA Open Space Park 1 $40,000 $40,000 20 20 $20,000 $400,000 $440,000 $24,640,000 $2,360,000 Notes: 1.Land costs: $80,000/acre (MUSA) and $20,000 (Non-MUSA) based on information from surrounding communities and Assessor's Office. Costs of each land parcel will vary depending on location, size and site features. 2.Neighborhood Park Cost Estimate would account for parking, lighting, utilities, picnic shelter, benches, playground, play court, a special amenity such as a mini splash pad, and design fee 3.Community Park Cost Estimate would account for parking, lighting, utilites, picnic shelter, benches, trails, lg. playground, restroom building, and a special amenity such as a hockey rink/performance area and design fee 4.Athletic Complex Park Cost Estimate would account for 3 full size soccer fields, 4 adult softball fields, youth playfields, tennis court, parking, lighting, fencing, utilities/irrigation, trails, picnic shelter/restrooms/concessions, and design fee 5.Community Play Fields Cost Estimate would account for a combination of play fields and courts of softball/soccer/basketball/tennis/volleyball, parking, lighting, restrooms, picnic area, and design fee 6.Open Space Park Cost Estimate would account for trails, signage, parking, and natural resource enhancements 7.Cost Estimates are based on current rates as of 2010. Trails Inside MUSA Qty Unit Cost Facility Cost Acres Required Unit Cost Land Cost On Road Trail (LF)167,000 $0 $0 Off Road Trail (LF)132,000 $25 $3,300,000 61 $80,000 $4,880,000 $8,180,000 Off Road Trail -Gasline (LF)8,000 $25 $200,000 4 $80,000 $320,000 $520,000 Signs (Each)50 $100 $5,000 $5,000 Road Crossings (Each)4 $100,000 $400,000 $400,000 Outside MUSA County Bike Trail (LF)19,500 $13 $253,500 $253,500 On Road Trail (LF)82,000 $13 $1,066,000 $1,066,000 Off Road Trail (LF)130,000 $25 $3,250,000 60 $20,000 $1,060,000 $4,310,000 Off Road Trail - Gasline (LF)15,500 $25 $387,500 7 $20,000 $140,000 $527,500 Horseback Trail (LF)14,000 $8 $112,000 $0 $112,000 Signs (Each)15 $50 $750 $750 Road Crossings (Each)1 $100,000 $100,000 $100,000 $15,474,750 Notes: 2. Trail Costs are based on a 10' bituminous trail with a 20' wide easement 4. Above costs are based on purchased easements. Opportunities may exist to obtain less expensive or donated easements. 5. On-road trails assume no acquisition of additional land or easements. Land + Facility Cost 2030 Park Facility + Land Costs Land CostFacility Costs Land + Facility Cost 2020 Park Facility + Land Costs Facility CostsLand Cost Total Park Development Costs to Year 2020 Total Park Development Costs to Year 2030 2030 Park Facility Needs Existing Parks Future Parks Additonal Needs 2020/2030 Distribution Land + Facility Cost Land Cost 2020 Park Development Costs 2030 Park Development Costs 2030 Trail Development Costs $24,640,000 $2,360,000 $15,474,750 $42,474,750 Grand Total Park + Trail Facility Costs through 2030 CostSystem Item Grand Total Costs Total Trail Development Costs to Year 2030 2030 Trail Facility + Land Costs 1.Land costs: $80,000/acre (MUSA) and $20,000/acre (Non-MUSA) based on information from surrounding communities and Assessor's Office. Costs of each parcel may vary depending on location, size and site features. 3. On Road & County Bike Trail Costs assume a 50% cost share with County, State Aid, or other participant funding. Facility Costs Attachment A Park Dedication Facilities and Land Cost 2011.xlsx 4/18/2016 Attachment B: Corcoran Park Dedication Park Facilities and Land Cost Estimates, 2016 Update Parks Total # of Existing Park Facilities Total # of Existing Park Acres Total # of Future (2030) Park Facilities Approx. acres per park Total # of Future (2030) Park Acres Total # of Additional Parks Total # of Additional Acres 2020 Parks to develop 2030 Parks to develop Neighborhood Parks 0 0 6 7 42 6 42 4 2 Community Parks 2 23 4 25 73 2 50 2 1 Athletic Complex 0 0 1 120 120 1 120 1 0 Community Playfields 1 40 2 15 70 1 30 1 0 Open Space Park 0 0 1 20 60 1 60 1 2 Totals 63 365 302 Notes: 1. Approximate acres per park are based on park classification range of acres. 2. This estimate is based on a forecast population of 17, 600 by the year 2030. 3. The Rockford School District currently owns the existing Community Playfield Parks Inside MUSA # of Parks to develop Unit Cost Facility Cost Approx. acres per park Acres Required Unit Cost Land Cost # of Parks to develop Unit Cost Facility Cost Approx. acres per park Acres Required Unit Cost Land Cost Neighborhood Parks 4 $484,000 $1,936,000 7 28 $80,000 $2,240,000 $4,176,000 2 $484,000 $968,000 7 14 $80,000 $1,120,000 $2,088,000 Community Parks 2 $1,815,000 $3,630,000 25 50 $80,000 $4,000,000 $7,630,000 1 $1,815,000 $1,815,000 25 25 $80,000 $2,000,000 $3,815,000 Athletic Complex 1 $3,025,000 $3,025,000 120 120 $80,000 $9,600,000 $12,625,000 0 Community Playfields 1 $605,000 $605,000 15 15 $80,000 $1,200,000 $1,805,000 0 Open Space Park 1 $48,400 $48,400 20 20 $80,000 $1,600,000 $1,648,400 1 $48,400 $48,400 20 20 $80,000 $1,600,000 $1,648,400 Outside MUSA Open Space Park 1 $48,400 $48,400 20 20 $10,000 $200,000 $248,400 $27,884,400 $7,799,800 Notes: 1. Land costs: $80,000/acre (MUSA) and $20,000 (Non-MUSA) based on information from surrounding communities and Assessor's Office. Costs of each land parcel will vary depending on location, size and site features. 2. Neighborhood Park Cost Estimate would account for parking, lighting, utilities, picnic shelter, benches, playground, play court, a special amenity such as a mini splash pad, and design fee 3. Community Park Cost Estimate would account for parking, lighting, utilites, picnic shelter, benches, trails, lg. playground, restroom building, and a special amenity such as a hockey rink/performance area and design fee 4. Athletic Complex Park Cost Estimate would account for 3 full size soccer fields, 4 adult softball fields, youth playfields, tennis court, parking, lighting, fencing, utilities/irrigation, trails, picnic shelter/restrooms/concessions, and design fee 5. Community Play Fields Cost Estimate would account for a combination of play fields and courts of softball/soccer/basketball/tennis/volleyball, parking, lighting, 201restrooms, picnic area, and design fee. 2016: added 1 Community Playfield to 2030 Facility and Land Costs. 6. Open Space Park Cost Estimate would account for trails, signage, parking, and natural resource enhancements 7. Cost Estimates are based on current rates as of 2016; Turner Construction cost index for Park Facilities shows an approximate 21% increase in non-residential construction costs from 2010 to the first quarter of 2016. 8. Added estimate for 2 Open Space Parks in MUSA missing from 2011 estimates. Trails Inside MUSA Qty Unit Cost Facility Cost Acres Required Unit Cost Land Cost On Road Trail (LF)167,000 $0 $0 Off Road Trail (LF)132,000 $55 $7,260,000 61 $80,000 $4,880,000 $12,140,000 Off Road Trail -Gasline (LF)8,000 $55 $440,000 4 $80,000 $320,000 $760,000 Road Crossings (Each)4 $41,000 $164,000 $164,000 Outside MUSA County Bike Trail (LF)19,500 $55 $1,072,500 $1,072,500 On Road Trail (LF)82,000 $20 $1,640,000 $1,640,000 Off Road Trail (LF)130,000 $55 $7,150,000 60 $10,000 $530,000 $7,680,000 Off Road Trail - Gasline (LF)15,500 $55 $852,500 7 $10,000 $70,000 $922,500 Horseback Trail (LF)14,000 $8 $112,000 $0 $112,000 Road Crossings (Each)1 $41,000 $41,000 $41,000 $24,532,000 Notes: 2. Trail Costs are based on a 10' bituminous trail with a 20' wide easement 4. Above costs are based on purchased easements. Opportunities may exist to obtain less expensive or donated easements. 5. On-road trails assume no acquisition of additional land or easements. 6. Road crossings assume rapid flashing beacon (2 per) and countdown timers on signals (4 per) at an existing signal. 7. On Road trails assume 4-travel lanes to 2 -travel lanes with blackout of existing lines and striping new lines including bicycle lanes. Assumes no signal modifications. 8. Off road trails include associated signage. 9. Costs updated April 2016 using using trail planning estimates developed by Hennepin County. Total Trail Development Costs to Year 2030 2030 Trail Facility + Land Costs 1. Land costs: $80,000/acre (MUSA) and $10,000/acre (Non-MUSA) based on information from surrounding communities and Assessor's Office. Costs of each parcel may vary depending on location, size and site features. 3. On Road & County Bike Trail Costs assume a 50% cost share with County, State Aid, or other participant funding. Facility Costs Land + Facility Cost Land Cost 2020 Park Development Costs 2030 Park Development Costs 2030 Trail Development Costs $27,884,400 $7,799,800 $24,532,000 $60,216,200 Grand Total Park + Trail Facility Costs through 2030 CostSystem Item Grand Total Costs Total Park Development Costs to Year 2020 Total Park Development Costs to Year 2030 2030 Park Facility Needs Existing Parks Future Parks Additonal Needs 2020/2030 Distribution Land + Facility Cost 2030 Park Facility + Land Costs Land CostFacility Costs Land + Facility Cost 2020 Park Facility + Land Costs Facility CostsLand Cost Attachment B Park Dedication Facilities and Land Cost 2016 Update.xlsx 4/18/2016 Attachment C: Corcoran Park Dedication Population, Dedication and % of Land Value Calculations Land Use Category HH Size Minimum Maximum Average Minimum Maximum Average Minimum Maximum Average Rural/Ag Residential 2.8 0.1 0.1 0.1 0.28 0.28 0.28 347 347 347 Low Density Residential 2.8 3 5 4 8.40 14.00 11.20 22,814 38,024 30,419 Medium Density Residential 1.9 5 8 7 9.50 15.20 12.35 1,397 2,234 1,815 Mixed Residential 1.9 8 10 9 15.20 19.00 17.10 8,436 10,545 9,491 High Density Residential/Mixed Use 1.9 10 20 15 19.00 38.00 28.50 7,334 14,668 11,001 40,328 65,819 53,073 Residential Per Capita Share of Park System Cost:1,418$ 869$ 1,078$ Residential Share Park System Estimated Cost (95%):57,205,390$ Land Use Category Acres Land Value per Acre Minimum Maximum Average Minimum Maximum Average Rural/Ag Residential 1,240 10,000$ 397$ 243$ 302$ 4%2%3% Low Density Residential 2,716 80,000$ 11,915$ 12,168$ 12,072$ 15%15%15% Medium Density Residential 147 80,000$ 13,476$ 13,211$ 13,312$ 17%17%17% Mixed Residential 555 80,000$ 21,561$ 16,514$ 18,431$ 27%21%23% High Density Residential/Mixed Use 386 125,000$ 26,951$ 33,027$ 30,719$ 22%26%25% Dedication Per Acre Units per Acre Persons per Acre Population at Build-Out Percent of Land Value Dedication Percentages.xlsx 4/18/2016 City of Corcoran Attachment D County of Hennepin Report to City Council for April 28, 2016 Meeting State of Minnesota ORDINANCE NO. 2016-XXX Page 1 of 3 Motion By: Seconded By: AN ORDINANCE AMENDING THE TEXT OF CHAPTER 9 OF THE CORCORAN CITY CODE, ENTITLED CORCORAN SUBDIVISION ORDINANCE THE CITY COUNCIL OF CORCORAN ORDAINS: SECTION 1. Amendments. The text of Section 955.020, Subd. 6 of the Corcoran City Code is hereby amended by deleting the stricken material and adding the underlined material as follows: Subd. 6. Area of Dedicated Land. Subdividers shall be required to dedicate to the City for park, trail and open space the percentage of net land area or equivalent market value in cash identified below: Residential Land Uses Dedication Requirements: Land Use Category based on the Comprehensive Plan Units per acre (Density, Net – Pre- Development) Percentage of land or equivalent market value in cash Rural/Ag Residential Less than 3 10% 4% Low Density Residential 3-5 11% 15% Medium-Density Residential 6-8 12% 17% Mixed Residential 8-10 13% 27% High-Density Residential and Mixed-Use 10+ 14% 22% Commercial and Industrial N/A 5% 3% A.The City Council may identify a maximum minimum park dedication fee per residential unit. The subdivider shall pay the lesser of the per unit fee or the equivalent cash market value calculated using the table above for residential land use dedication requirements. B.The City Council shall review park dedication fee requirements periodically, to ensure that the required fee remains consistent with park and trail system development costs. C.Commercial and industrial land uses: Dedication requirement is five percent (5%3%) of land or equivalent market value in cash. City of Corcoran Attachment D County of Hennepin Report to City Council for April 28, 2016 Meeting State of Minnesota ORDINANCE NO. 2016-XXX Page 2 of 3 C.D.Dedication requirements for mixed use development will be pro- rated based on the acres of land devoted to each type of land use. D.E. Developments that include memory care and assisted living units shall apply the commercial rate to the percentage of memory care and/or assisted living units that are in the project, multiplied by the project net acres. E.F. Schools, religious institutions and other non-profit organizations: Dedication requirement shall be determined by the City Council based on discussion with the School District or non- profit agency. Recommendations will be based on anticipated use of City park facilities by the school or organization, and shall consider agreements for cooperative use of school recreational facilities. F.G. Determination of Fair Market Value. To determine the fair market value of the undeveloped land, the Developer shall submit a current appraisal at the time of preliminary plat application. The City may then obtain a review appraisal as a validation of the Developer's appraisal. If staff and the Developer are unable to agree on fair market value, the City Council will make the determination of fair market value. The fair market value of the undeveloped land shall be determined by the City annually based on tax valuation or other relevant data. If the City’s calculation of valuation is objected to by the applicant, then the value shall be as negotiated between the City and the applicant, or based on the market value as determined by the City based on an independent appraisal of land in a same or similar land use category. G.H.Lands Designated On Official Map or Comprehensive Land Use Plan. Where a proposed park, playground, trail or open space area indicated in the City park and trail plan or comprehensive plan is located in whole or in part within a proposed subdivision, all or part of the proposed public site shall be designated as such and should be dedicated to the City, based on the area of land dedication required by this ordinance. H.I. Deviation from Required Dedication. The dedication requirements based on the development's proportional share of the City park system are presumptively appropriate. City of Corcoran Attachment D County of Hennepin Report to City Council for April 28, 2016 Meeting State of Minnesota ORDINANCE NO. 2016-XXX Page 3 of 3 I.J. Wetlands and Ponding Areas. Existing wetlands drainage ways accepted by the City shall not be considered in the parkland and/or cash contribution to the City. (Ord. 291, passed 12-11-14) Effective Date. This Ordinance shall be in full force and effect upon its publication and passage. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Hank, Pat Hank, Pat Thomas, Ron Thomas, Ron Whereupon, said Ordinance is hereby declared adopted on this _______ day of June, 2016. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise– City Clerk/Administrative Services Coordinator Park Dedication Examples City of Corcoran, April 2016 Strehler Estates- Project Data Park Dedication Calculations Land Only Existing Alternative Land Use Category Rural Ag Residential % of Land to be Dedicated:10%4% Gross Acres 80.09 Required Acres:4.76 1.90 Net Acres 63.4 Value Acres to be Dedicated:47,550$ 19,020$ Land Value/Acre 10,000$ (Assumed)Land Value Per Unit 15,850$ 6,340$ Total Lots Platted 4 Land Value Per Capita 5,661$ 2,264$ Existing Homes 1 Lots Subject to Dedication 3 75%Cash Only Expected Population SFD 8.4 2.8 Cash in Lieu Fee per Unit 3,000$ 3,970$ Total Cash In Lieu 9,000$ 11,910$ Cash in Lieu per Capita 1,071$ 1,418$ Peachtree PUD- Project Data Park Dedication Calculations Land Only Existing Alternative Land Use Category Low Density Residential % of Land to be Dedicated:11%15% Gross Acres 103.32 Required Acres:9.95 13.57 Net Acres 90.45 Value Acres to be Dedicated:318,225$ 433,943$ Land Value/Acre 31,984$ (Appraisal)Land Value Per Unit 1,294$ 1,764$ Total Lots Platted 246 Land Value Per Capita 474$ 647$ Single Family 226 Multi Family 20 Cash Only Existing Homes 0 Cash in Lieu Fee per Unit SF 4,000$ 3,970$ Lots Subject to Dedication 246 100%Cash in Lieu Fee per Unit Multi 4,000$ 2,694$ Expected Population SFD 633 2.8 Total Cash In Lieu 984,000$ 951,100$ Expected Population Multi 38 1.9 Cash in Lieu per Capita 1,467$ 1,418$ Total Population 671 Combination (based on PUD Plan) Required Acres 9.95 13.57 Acres Dedicated 2.88 2.88 % Land 29%21% % Cash 71%79% Cash contribution 699,170$ 749,208$ Item 9c. Addition 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: April 20, 2016 for the April 28, 2016 City Council Meeting RE: Minnesota Solar, LLC request for a Zoning Ordinance text amendment to allow Community Solar Gardens (City File 16-008) 120-DAY REVIEW DEADLINE:June 21, 2016 1.Request Provide direction to staff on possible dates for a Council work session to discuss issues related to a Zoning Ordinance Amendment to allow community solar gardens. 2.Background At the March 24th meeting, staff presented the Minnesota Solar, LLC request for a text amendment to allow Community Solar Gardens and presented a number of other solar issues that we believe should be considered in conjunction with this request. The Council noted that they felt like they needed more information in order make a decision about the proposed text amendment and suggested a more informal work session type meeting where solar providers, Xcel and other solar experts could be invited to answer questions and provide more information to the City Council and interested members of the public. I have contacted the applicant and other solar providers in the area and they would be interested in participating in a council discussion. Certainly, there are a lot of questions about these uses and we believe many of them could be answered in a one hour meeting or the Council could schedule a longer meeting if desired. Staff seeks direction about how the Council would like to hold the discussion: a.In a work session prior to a regularly scheduled Council meeting. b.In a work session on a non-Council meeting night. c.In a work session on a weekend during the day or evening If the Council provides direction on the date/time preference, the City Administrator would send out a survey to select the meeting date/time. We could then reach out to possible participants who could serve on an informational panel (including Minnesota Solar, LLC). 3.Requested Action Provide direction to staff about preferred work session times and format. Agenda Item: 9d. STAFF REPORT Agenda Item 10a. Council Meeting: April 28, 2016 Prepared By: Brad Martens Topic: 2015 Surplus Allocation Action Required: Direction Summary: At the April 14th City Council meeting, the City Council discussed the 2015 surplus (previously estimated at $250,000 - $300,000; April 19 email from auditor stated $311,132) and project close out funds (estimated at $21,000) that can be reinvested in other areas in advance of approving the final audit on May 12th. Overall consensus was to close out an unfunded liability from a previous development in the amount of $39,442 and make a substantial commitment to reserves for which more additional information was requested. The Council also requested additional information on the costs of a few planning updates. Reserve information: •2014 audit showed an unrestricted fund balance (reserve) of $1,085,355 or 30.1% •Goal is to obtain unrestricted fund balance equal to 35% of the following year expenditures (less debt payment) •Potentially $292,690 exists after $39,442 contribution towards the unfunded liability from a previous development •The following table shows how various allocations towards the unrestricted fund balance change the percentage achieved: $0 29.45% $50,000 30.77% $100,000 32.09% $150,000 33.41% $200,000 34.72% $210,493.60 35% $250,000 36.04% $300,000 37.36% Planning updates •Re-visit the building right discussion and update the building right map o $10,000 - $12,000 •Create a comprehensive parks master plan providing direction on the timing and priority for investments into the park system o $$5,000 - $10,000 •Create/update a comprehensive map showing easements and dedicated land in the City o $$8,000 - $10,000 •Allocate funds in advance of the comprehensive plan update Page 2 o $100,000 Although staff has put forth several options that are worthy of consideration, the Council may also want to discuss something more outside of the box that may be exciting to the community or helpful to our vision: “The City of Corcoran will expand opportunities for its residents by supporting life cycle housing, recreational amenities, a vibrant business community, and a strong downtown city center while preserving its natural character and agricultural roots.” This could involve setting some funds aside for a subcommittee of the City Council and community members to consider options that would create value to the City’s residents or businesses. Staff would like to receive direction from the Council on priorities for use of the surplus funds; additional items can be referenced from agenda item 11e in the April 14th City Council packet. Staff will take the direction and draft any necessary documents for approval at the May 12, 2016 meeting in advance of approving the audit. Financial/Budget: The allocation of funds will determine the amount of reserves available at the end of 2015 and 2016. 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.Direct staff on priorities for use of surplus funds. Recommendation: Staff recommends that a fairly significant amount be dedicated towards reserves to assist in obtaining the goal of an unrestricted fund balance equal to 35% of expenditures. Staff also recommends dedicating funds towards the unfunded liability related to the Laurent/Hedgestone development as part of the remaining allocation. Council Action: Direct staff on priorities for use of surplus funds. Attachments: N/A STAFF REPORT Agenda Item 11a. Council Meeting: April 14, 2016 Prepared By: Brad Martens Topic: 2016 Road Stabilization Program Action Required: Direction; Call Public Hearing Summary: The gravel road maintenance program for the City of Corcoran includes the application of a chloride product on certain gravel roads (27 miles of our 38 miles of gravel road) for road stabilization; also known as dust control. The cost of the product is assessed in full to properties on neighborhood roads and shared with properties on or connected to collector roads. Additionally, the cost for Maple Hill Road is paid by Rush Creek Golf Course and Maple Hill Estates. From 2001 to 2011, the City participated in costs of $20,000 per year. The budgeted amount for the City contribution has increased over time as shown below: •2012: $35,000 •2013: $45,000 •2014: $55,000 •2015: $55,000 •2016: $57,500 The City received favorable bids from Norther Salt Incorporated (NSI) of $0.939/gallon for both 2016 and 2017 as compared to $0.99 for 2015. Incorporating the reduction in price the City anticipates the following costs for the program in 2016 as compared to 2015: Neighborhood Road Assessment Collector/Adjacent Road Assessment Other Assessment City Share Total 2015 $13,034.45 $41,604.75 $1,331.02 $53,859.59 $109,829.81 2016 $11,518.56 $41,960.67 $1,292.00 $51,802.99 $106,574.22 Staff would like Council direction on the sharing of costs for the project. The above scenario follows the previous year cost sharing system. The City has budgeted $57,500 for the project so additional subsidy could be provided. The next step in the process is to call a public hearing through approving the attached resolution. After the public hearing, the Council could then approve the project which is anticipated to be completed in mid June. After project completion, an assessment hearing would be called to formally assess the actual costs. Financial/Budget: Page 2 As mentioned above, costs associated with the City’s share of the project are included in the 2016 budget. Following the cost sharing approach in the report would result in the project being under budget. Alignment with Values: This item relates to the following adopted values: EXCELLENCE AND QUALITY IN THE DELIVERY OF SERVICES We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional, cost-effective, and friendly manner. FISCAL RESPONSIBILITY We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Options: 1.Direct staff to proceed with cost sharing as presented; approve resolution 2016- 35 calling for a public hearing on the potential assessment of the cost of dust control treatments to be applied to city streets in 2016. 2.Direct staff to proceed with cost sharing differing from the presented amount; approve resolution 2016-35 calling for a public hearing on the potential assessment of the cost of dust control treatments to be applied to city streets in 2016. Recommendation: Direct staff to proceed with cost sharing as presented; approve resolution 2016-35 calling for a public hearing on the potential assessment of the cost of dust control treatments to be applied to city streets in 2016. Council Action: Consider a motion to direct staff to proceed with cost sharing as presented; approve resolution 2016-35 calling for a public hearing on the potential assessment of the cost of dust control treatments to be applied to city streets in 2016. Attachments: 1.Resolution 2016-35 Calling For A Public Hearing on the Potential Assessment of Costs of Dust Control Treatments to be Applied to City Streets In 20167 City of Corcoran April 28, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-35 Page 1 of 2 Motion By: Seconded By: RESOLUTION CALLING FOR A PUBLIC HEARING ON THE POTENTIAL ASSESSMENT OF COSTS OF DUST CONTROL TREATMENTS TO BE APPLIED TO CITY STREETS IN 2016 WHEREAS, the Corcoran City Council determined the application of dust treatments to City streets to be necessary, cost-effective, and feasible; and WHEREAS, the Corcoran City Council awarded a contract to Northern Salt Incorporated (NSI) on March 24, 2016 for the application of calcium chloride to City streets for dust control in 2016 (the Project); and WHEREAS, the total cost of the project is estimated to be approximately $106,574.22; and WHEREAS, the City Council intends to bill the benefitting property owners for a portion of the cost of the Project, estimated to be approximately $54,039.89, and to assess any unpaid costs to the benefitting properties pursuant to Minnesota Statute §429.101 and Corcoran City Ordinance 2011-261; and WHEREAS, under Minn. Stat. §429.031, a Public Hearing needs to be held prior to adoption of a Special Assessment with proper notice to property owners. NOW, THEREFORE, BE IT RESOLVED by the Corcoran City Council: 1.To call a Public Hearing on the potential assessment of costs of calcium chloride applications to City streets for dust control, in 2016, for May 26, 2016. 2.Directing staff to give the Notice required by Stat. §429.031 to all property owners who may be assessed for this Project. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Hank, Pat Hank, Pat Thomas, Ron Thomas, Ron City of Corcoran April 28, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-35 Page 2 of 2 Whereupon, said Resolution is hereby declared adopted on this 28th day of April , 2016. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise– City Clerk/Administrative Services Coordinator City of Corcoran 2016 City Council Schedule Agenda Item 13. May 12 , 2016 Council Work Session (need to select topic) •Building Rights Discussion •Assessment Policy •Other May 12, 2016 •Shaun Irwin – Anderson Insurance and Investment Agency, Inc. •2015 Audit •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 •Solar Garden Ordinance Amendment June 9, 2016 Council Work Session •2017 Budget •Five Year Financial Management Plan assumptions June 9, 2016 June 23, 2016, •Planning Project Update •Code Compliance Report •Park Dedication Ordinance Update July 14, 2016 •Financial Performance Report •Appoint Election Judges for the Primary Election July 28, 2016, •Planning Project Update •Code Compliance Report