Loading...
HomeMy WebLinkAbout2016-10-27 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 October 27, 2016 - 7:00pm 1. Call to Order / Roll Call 2. Pledge of Allegiance 3. Agenda Approval 4. Open Forum 5. Presentations 6. Consent Agenda a. Draft Minutes of the October 13, 2016 Work Session* b. Draft Minutes of October 13, 2016 Council Meeting* c. Resignation – Jeanie Heinecke, Deputy Clerk* 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. Commissioner Representatives* d. FEMA Floodplain Update* 9. Planning Business 10. Unfinished Business 11. New Business a. Nuisance Abatement – 20575 County Road 10* b. Electronic Check Signing* c. Hennepin County Youth Baseball and Softball Grant* d. Neighborhood Park Design Proposals – Ravinia* 12. Closed Session a. Consider an Offer for the Purchase of Real Estate – Easement Acquisition for the Downtown Utility and Street Improvement Project 13. Unscheduled Items 14. 2016 Council Schedule* 15. Council Liaison Calendar Planning Commission 11/3/16 12/1/16 1/5/17 2/2/17 3/2/17 LaFave Keefe TBD TBD TBD Parks and Trails Commission 11/15/16 12/15/16 1/17/16 2/21/17 3/21/17 Keefe Hank TBD TBD TBD 16. Adjournment OPEN FORUM SIGN-IN SHEET Meeting Date �4W� bej- y C ; Page 1 of 1 6a. CITY OF CORCORAN City Council Work Session Minutes October 13, 2016 - 5:30pm The Corcoran City Council met on October 13, 2016 in work session, at City Hall in Corcoran, Minnesota. Present were Mayor Guenthner, Councilor Hank, Councilor Keefe, Councilor LaFave, and Councilor Thomas. Also present were City Administrator Martens, and City Clerk/Administrative Services Coordinator Beise. 1. Call to Order / Roll Call Mayor Guenthner called the work session to order at 5:30pm. 2. Assessment Policy Discussion City Administrator Martens presented the report noting that there we six topics that needed additional clarification from Council. Council discussed building rights, cost sharing percentages, direct access, assessments for mill and overlay, credit for infrastructure not meeting life expectancy, and budgeting for road maintenance. Staff was directed to draft an assessment policy based on the feedback for review at a future meeting. 3. City Project Update The City project update was provided in the packet and was not reviewed. 4. November Work Session Agenda Council reviewed the proposed topics and asked to revisit the work session topic during the regular meeting. 5. Unscheduled Items No unscheduled were presented. 6. Adjournment MOTION: made by LaFave, seconded by Hank to adjourn. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) Meeting adjourned at 6:45pm. ________________________________ Jessica Beise – City Clerk/Administrative Services Coordinator 6b. CITY OF CORCORAN City Council Meeting Minutes October 13, 2016 - 7:00pm The Corcoran City Council met on October 13, 2016 at City Hall in Corcoran, Minnesota. Present were Mayor Guenthner, Councilor Hank, Councilor Keefe, Councilor LaFave, and Councilor Thomas. Also present were City Administrator Martens, Director of Public Safety Gottschalk, City Planner Lindahl, Public Works Superintendent Meister, and City Clerk/Administrative Services Coordinator Beise. 1. Call to Order / Roll Call Mayor Guenthner called the meeting to order at 7:00 pm. 2. Pledge of Allegiance Mayor Guenthner invited all in attendance to rise and join in the Pledge of Allegiance. 3. Agenda Approval Mayor Guenthner thanked Planning Commissioner Schultz and Parks and Trails Commissioner Meister for their attendance. City Administrator Martens noted an addition of one claim. MOTION: made by Hank, seconded by Thomas to approve the agenda as amended. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) 4. Open Forum Dorothy Theis, 9530 Cain Road, addressed the Council on the location of the proposed sign donated by the Jaycees and the sign variance for Moblie Hope. Ms. Theis asked if the Council had considered a location of the sign at County Road 10 and County Road 116. Ms. Theis had concerns about the length of the sign variance process and the policy to not move forward with a variance. Kevin Campbell, Rockford School Board Candidate, introduced himself as a candidate for the Rockford School Board Jessica Johnson, Rockford School Board Candidate, introduced herself as a candidate for the Rockford School Board. Greg Hoglund, 19220 Hackamore Road, addressed on the Council related to a lack of opportunity for public comment and the open forum process related to materials to be shown by the public. 5. Presentations No presentations were heard. 6. Consent Agenda a. Draft Minutes of the September 22, 2016 Council Meeting b. General Election Judge Appointments c. Fee Schedule Amendment – Minor Subdivision Application d. 2016 Wage Scale Adjustment – Rink Attendant Mayor Guenthner asked that Item 6c. be considered separately. MOTION: made by LaFave, seconded by Thomas to approve the consent agenda consisting of Items 6a., 6b., and 6c. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) City Clerk/Administrative Services Coordinator Beise noted that there was a printer error and the changes to the fee schedule for minor subdivision is $100 fee and $1000 escrow. MOTION: made by Keefe, seconded by LaFave to approve Item 6c. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) 7. Claims as Presented a. Escrow Claims (Fund #500) MOTION: made by Thomas, seconded by Hank to approve the escrow claims as presented. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) b. All Other Financial Claims MOTION: made by LaFave, seconded by Keefe to approve all other claims as presented. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) 8. Staff Reports / Memos/Commissions a. Financial Performance Report Mayor Guenthner asked the source of the deferred assessment. City Administrator Martens noted it was from 19410 Hackamore Road which is now being developed as part of Ravinia. b. Commission Representatives; report received. 9. Public Hearing a. Certifying Delinquent Fees to Hennepin County City Administrator Martens noted that payment was received on the only delinquent recovery fee and it was not necessary to approve Resolution 2016-83. Mayor Guenthner opened the public hearing. No persons were present to speak. MOTION: made by Hank, seconded by LaFave to close the public hearing. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) MOTION: made by Keefe, seconded by Thomas to adopt Resolution 2016-81 Certifying Delinquent Recycling Fees to the Hennepin County. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) MOTION: made by Keefe, seconded by Thomas to adopt Resolution 2016-82 Certifying Delinquent Dust Control Fees to the Hennepin County. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) 10. Planning Business a. Park Place Storage Final Plat City Planner Lindahl presented the report outlining the plat and noting that park dedication for commercial properties is received at the time of building permit. Council discussed the process of the plat and watershed commission process related to the project. Corcoran Elm Creek Watershed Commission Representative John Bottema noted that the Watershed had approved the plans contingent on proof of wetland credits. MOTION: made by Thomas, seconded by Hank adopt Resolution 2016-84 Approving Final Plat for Park Place Storage. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) b. Maple Hill Estates Sign Variance (City File 16-016) City Planner Lindahl presented the report outlining the approval of three variance at the September 22 meeting and one was denied. City Planner Lindahl noted that finding of fact were not presented at the September 22 and Council members voting to deny one of the variances were to provide findings of fact to City Administrator Martens. City Planner Lindahl noted that one finding of fact was given and a new resolution is presented for approval. City Planner Lindahl noted per the City Attorney because no findings of fact were presented at the September 22 meeting to deny the variance no action was taken and staff has presented in the packet a redlined version of the resolution noting the denial of one of the four resolutions. MOTION: made by LaFave, seconded by Hank to adopt Resolution 2016-70 Approving Variances for Maple Hill Estates. MOTION: made by Thomas, seconded Guenthner by to amend Resolution 2016-70 to reject the proposed changes. Council discussed the use of a variance or ordinance to address the use of dynamic signs. Voting Aye on Amendment: Guenthner and Thomas Nay: Hank, Keefe, and LaFave (Motion failed 3:2) Voting Aye on the original motion: Hank, Keefe, and LaFave Nay: Guenthner and Thomas (Motion carried 3:2) c. Sign Ordinance Amendment City Administrator Martens noted Councilor Keefe requested a sign ordinance amendment to address the use of dynamic signs on properties zone Mobile Home Park. Council discussed the use of an ordiance. City Planner Lindahl noted the approximate cost would be $1,500. MOTION: made by Keefe, seconded by Thomas to direct staff to initiate a sign ordinance amendment. Council discussed the use of funds for an ordinance change and the specifications proposed in the ordiance amendment. Voting Aye: Guenthner, Keefe, and Thomas Nay: Hank and LaFave (Motion carried 5:0) 11. Unfinished Business a. 2017 Budget City Administrator Martens presented the report, outlining that five items were brought forward for further review. Mayor Guenthner called for motions to eliminate various line items from the 2017 budget. MOTION: made by Hank, seconded by LaFave to eliminate the Public Works Director/Engineer position from the 2017 budget. Councilor discussed the need for the position and the benefits of the position. City Administrator Martens noted the proposed duties of the position. Council discussed the position. City Administrator Martens noted the timeline for hiring and that the 2017 Council would be asked approve the recruitment of the position. Voting Aye: Hank Nay: Guenthner, Keefe, LaFave, and Guenthner (Motion failed 1:4) MOTION: made by LaFave, seconded by Hank to eliminate the Public Works Maintenance Worker position from the 2017 budget. City Administrator Martens noted that there is a formula for calculating hours from the water/sewer utility. Council discussed the position and funding through the water/sewer utility. Public Works Superintendent Meister noted the variety of tasks that the Public Works Department handles. Council discussed the need for the position. Voting Aye: LaFave Nay: Guenthner, Hank, Keefe, and LaFave (Motion failed 1:4) Council discussed the asphalt maintenance budget as well as how to allocate building permit revenue. 12. New Business a. 2017 Employee Benefits City Administrator Martens presented the report noting that the City reviewed benefits options and costs have changed. Council discussed the FSA contribution and short-term disability. City Administrator Martens noted the change to the structure of the City contribution. City Clerk/Administrative Services Coordinator Beise noted that short-term disability will change change for non-union employees in 2017 as part of a handbook update. Council discussed Paid Time Off and making changes to the program. Mayor Guenthner thank City Administrator Martens and City Clerk/Administrative Services Coordinator Beise for their work on the update. Staff noted there would be an employee handbook update for review before the end of the year. MOTION: made by Thomas, seconded by LaFave to approve the 2017 benefits summary as presented and authorize staff to complete the necessary documents for implementation. Voting Aye: Guenthner, Keefe, LaFave, and Thomas Nay: Hank (Motion carried 4:1) b. 2017 Employee Benefits – Training Resource Solutions Joint Powers Agreement Council asked about the term of the agreement. City Clerk/Administrative Services Coordinator Beise noted we are not locked in long term and was able to confirm that the City is able to compare rates and move to the small group market as needed. MOTION: made by Keefe, seconded by LaFave to approve the Training Resource Solution Joint Powers Agreement. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) c. Public Participation at Meetings Mayor Guenthner noted the historical background on the participation process. Council discussed participation, the use of technology, and commission member attendance. Per consensus, the Council made no changes to the participation language and approved the proposed changes to the open forum language. d. Recruitment Process – Accountant City Administrator Martens presented the report, noting the change in title to cast a broader net and provided information on the hiring timeline. MOTION: made by Keefe, seconded by Hank to approve the modification of job description and proceed with the recruitment process. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) 13. 2016 Council Schedule City Administrator Martens reviewed the upcoming Council schedule. Council discussed the November work session topic. Per consensus, Council cancelled the November work session. 14. Council Liaison Calendar The Council liaison calendar was not reviewed, but was available in the Council Packet. 15. Adjournment MOTION: made by LaFave, seconded by Thomas to adjourn. Voting Aye: Guenthner, Hank, Keefe, LaFave, and Thomas (Motion carried 5:0) Meeting adjourned at 9:10pm. ________________________________ Jessica Beise – City Clerk/Administrative Services Coordinator 6c . 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 October 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.Interim Use Permit for a Conditional Home Occupation License for an upholstery business (Designers Choice Upholstery) located at 20125 County Road 117 (PID 02-119-23-12-0005) (city file no. 16-013). The applicant is incomplete, but will be scheduled for a public hearing at the Planning Commission and City Council review when complete. Staff is following up with applicant to complete the application. 2.Residential Design Standards (city file 16-024). The Zoning Ordinance provides design standards for all new single family homes. Recently, the City Council approved some changes to those standards for the Ravinia development and asked staff to consider changes to the section. Staff will bring draft language to a public hearing at the November 3rd Planning Commission and Council action on November 3rd. 3.Industrial Lot Standards. Staff received a request from the property owner at 19905 75th Avenue to consider changes to the minimum lot size standards in the Industrial zoning districts. Staff prepared a summary of the issues for City Council consideration at the August 25th meeting. At the September 8th Council meeting, the Council directed the City Administrator to work with Maxfield Research and have them include their analysis in the Market Study that they will complete in November. 4.Development Rights Map Update (city file 16-023). Staff is requesting City Council approval to spend planning funds to update the development rights map. This is an administrative action, but due to the fact that the map has not been updated since 2006, the effort will involve more staff time than a typical map update. The City Council directed staff to make the update and we expect that map to be updated and available to the public in October. 5.Lennar Preliminary Plat, PUD Preliminary Development Plan and Rezoning for Schwalbe property (PID 36-119-23-14-0001) (city file 16-026). Lennar has submitted the application for approval. The application is scheduled for a public hearing at the November 3rd Planning Commission meeting and Council action on November 21st. 6.Sign Ordinance Amendment to allow Dynamic Signs in the MP District (city file 16-029). The City Council directed staff to amend the Zoning Ordinance to allow dynamic signs in the MP district. This text amendment would allow Maple Hill Estates and Mobile Hope to build the sign that the Council denied the variance for on October 13th. The amendment is scheduled for a public hearing at the Planning Commission on December 1st and City Council action on December 19th. 7.Lennar request for a PUD Amendment for Ravinia 7th Addition (city file 16-030). Lennar has submitted a request for a PUD amendment to allow a different mix of lot sizes in the 7th Addition than originally proposed. Staff is reviewing the application for completeness, but expect this application to Agenda Item 8a. MEMORANDUM 2 be scheduled for a public hearing at the December 1st Planning Commission and action at the December 19th City Council meeting. 8. PUD Sketch Plan for Nichols Property at 6351 CR 101 (PID 36-119-23-44-0012) (city file 16-031). The landowners have submitted an application for PUD concept plan review. Staff is reviewing the application for completeness, but we expect this item to be scheduled for City Council review at the November 21st meeting. 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. 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. 4. 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. 5. “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. A stop work order was issued last week as the developer began construction of the pr ivate drive in advance of filing the plat. The applicant is working to address the conditions of approval and then will record the final plat at Hennepin County. 6. 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. The City Council approved the amendment on May 26th. The Council also identified additional issues that should be reviewed and discussed at a future date. 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 reviewed at a public hearing and recommended for approval at the June 2nd Planning Commission meeting. The City Council approved the item at the June 23rd meeting. MEMORANDUM 3 9. Ravinia 5th Addition Final Plat, PUD Final Plan and Vacation (City file 16-015). Lennar has submitted an application for 47 single family home lots and 3 outlots. The City Council approved the item on July 28th. The final plat has been recorded at Hennepin County. 10. Ravinia 6th Addition Final Plat, PUD Final Plan and Vacation (City file 16-016). Lennar has submitted an application for 23 single family home lots and 2 outlots. The City Council approved the item on July 28th. The final plat has been recorded at Hennepin County. 11. IUP for Commercial Kennel for Daniel Benjamin at 19520 Stieg Road (City File 16-020). Daniel Benjamin has submitted an application for an IUP for a commercial kennel. The kennel would be located on his property, would be owned and operated by him and would have employees. The Planning Commission recommended approval after the public hearing at the August 4th Planning Commission and the request was approved by the City Council on August 25th. The applicant is working to address the conditions of approval and will then apply for a building permit. 12. 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 Planning Commission reviewed this item at a public hearing on September 1st and voted to recommend approval. The City Council approved the request on September 22nd. 13. Maple Hill Estates Sign Variance (16-018). Maple Hill Estates and Hope Community Center have submitted a variance application to allow a new freestanding at the entrance to Maple Hill Estates. The item was reviewed at the August 4th Planning Commission and was reviewed and tabled by the City Council. The City Council voted on October 13th to approve 3 variances but denied the variance for the dynamic sign. 14. Lennar Comprehensive Plan Amendment for Schwalbe property (city file 16-022). Lennar has submitted an application for consideration of a land use guide plan amendment to reclassify the property from Existing Residential to Low Density Residential. If approved, they would apply for a preliminary plat and PUD amendment to incorporate the property into the Ravinia development. The Planning Commission held a public hearing on September 1st Planning Commission meeting and recommended approval. The City Council approved the request on September 22nd. Metropolitan Council has completed their review and found it to be consistent. 15. Certificate of Compliance (city file 16-025). An application has been received for a certificate of compliance for an agricultural building at 6420 Pioneer Lane. The application was administratively approved. 16. Certificate of Compliance (city file 16-028). An application has been received for a certificate of compliance for an agricultural building at 20604 CR 10. The application was administratively approved. STAFF REPORT / Code Compliance Agenda Item: 8 b. Council Meeting: October 27, 2016 Prepared By: Mike Pritchard Topic: CODE COMPLIANCE REPORT – September 2016 Action Required: Information Only Code Enforcement Issues: Complaint 16-010 (4/1/2016): Home Occupation, Junk/Debris at 21XXX County Road 10. The property owner has been conducting a retail sales business from the property which is in violation of the Home Occupation Ordinance as well as an existing Conditional Use Permit on the property. The City has made multiple attempts to gain compliance, but the owner has refused to comply. This matter has been referred to the City Attorney. Complaint 16-003 (12/17/2015): Exterior Storage, Junk/Debris at 20XXX Co Rd 10 and on City Property. The property owner(s) signed an agreement on April 23rd to have the City property completely cleaned up no later than September 30, 2016. The Deadline was missed. The City is moving forward with enforcement. Complaint 15-010 (11/13/2014): Exterior Storage, Junk/Debris at 8XXX Garrison Lane. This matter was referred to the City Attorney and has been to court. As part of the agreement, the City is conducting progress inspections. The owner has made a lot of progress and continues to work on the clean-up. 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 1 0 1 0 0 0 1 1 0 18 57 1 2 1 Complaints and Concerns Permits and Zoning STAFF REPORT Agenda Item 8c. Council Meeting: October 27, 2016 Prepared By: Brad Martens Topic: Commission Representatives Action Required: None – Informational Summary: The advisory commission representatives for the October 27th Council meeting are as follows:  Planning Commission: Dean Jacobs  Parks and Trails Commission: Tom Anderson Financial/Budget: N/A Alignment with Values: This item relates to the following adopted values: OPEN AND HONEST COMMUNICATION We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. EQUAL OPPORTUNITY We believe that every employee and citizen should be afforded an equal opportunity to participate in all aspects of employment, citizenship, and governance in the City of Corcoran based exclusively on their ability to contribute. Options: N/A Recommendation N/A Council Action: N/A Attachments: N/A STAFF REPORT Agenda Item 8 d. Council Meeting: October 27, 2016 Prepared By: Mike Pritchard, Code Compliance Official Topic: FEMA Floodplain Ordinance Amendment Update – Next Steps Action Required: Information Only Summary: At the August 25, 2016 City Council Meeting the Council approved an updated Floodplain Ordinance. This update was required by FEMA (Federal Emergency Management Agency) in order for Corcoran property owners to continue purchasing flood insurance coverage through the National Flood Insurance Prog ram (NFIP). This new Map and Ordinance will go into effect November 4, 2016. The City sent out approximately 530 letters to property owners with floodplain mapped on their property. The letter notified property owners that their property contains floodplain. The letter further explained that they would be required to purchase Flood Insurance if their home/principle structure is located in a floodplain AND they have a federally secured loan (most mortgages). The FEMA floodplain map update did not actually “update” the maps, it rather digitized existing information. Because of this, we find that there are numerous instances where the floodplain data does not follow the actual topography (based on LiDAR). Both FEMA and DNR (Department of Natural Resources) are aware of the discrepancies. The Minnesota DNR has informed the City that many property owners will be receiving letters from their lenders requiring flood insurance even if the floodplain does not encompass the home/principle structure. For this reason, the DNR has worked with Hennepin County to create some new mapping features which will help determine if the home is included in the floodplain and if so, if it is accurate. If the map shows the home is out of the floodplain, this map can simply be forwarded to the lender to show that they are in fact “Out as Shown,” and insurance should not be required. There are other options to appeal FEMA’s Map as well. Property owners can apply for a LOMA (Letter of Map Amendment) based on LiDAR (topography) or an actual elevation survey. According to the MN DNR, FEMA is aware of the mapping discrepancies (floodplain boundaries vs. actual topography/LiDAR) and has streamlined the appeals process to make it as easy and quick as possible for the property owner to appeal. The City continues to work closely with the MN DNR. If after November 4, property owners do receive letters from their lenders requiring insurance, both the City and DNR will work with them through the process. Financial/Budget: None Alignment with Values: This item relates to the following adopted values: EXCELLENCE AND QUALITY IN THE DELIVERY OF SERVICES We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional, cost-effective, and friendly manner. OPEN AND HONEST COMMUNICATION We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. Recommendation: N/A Council Action: None – Information Only Attachments: 1. Example Hennepin County Floodplain map 2. Example FEMA map STAFF REPORT Agenda Item 11 a. Council Meeting: October 27, 2016 Prepared By: Mike Pritchard, Code Compliance Official Topic: Abatement Resolution Action Required: Approval Summary: On December 17, 2015, the City became aware that there wa s a large amount of materials, debris, scrap metal, vehicles, etc. being stored on City property located south of County Road 10, just east of Cain Road at PID: 23-119-23-23-0011. It was apparent that the items belonged to the adjacent property owner at 20575 County Road 10 whose property had similar violations. The City held a meeting on site with the adjacent property owner on January 25, 2016 to discuss the violation(s) and confirm that the items belonged to them. A letter was sent to the property owner requesting a plan of action to abate the nuisance /remove the items from City property, and bring their property into compliance. A plan of action was received from the property owner and the City forwarded a formal agreement to the property owner for review. On April 1, 2016, the owner shared concerns regarding the agreement. The main concern was that the two properties were being addressed in one agreement. The City then offered two separate agreements, one for the City property and one for 20575 County Road 10 and asked for them to be returned no later than April 8, 2016. The City did not receive a response and sent another letter on April 12, 2016 requesting an immediate response. On April 23, the City received the property owners’ signed agreement to remove the items from City property no later than September 30, 2016 (attached). However, the property owner refused to sign the agreement regarding their own property (attached). The owner was informed that the expectation would be that both properties be in compliance. The City conducted a site visit of the property on October 4, 2016 and found a copious amount of items and materials remained on both properties. On October 19, 2016, the property line was located and staked and an abatement resolution was requested from the City Attorney (attached). Financial/Budget: There may be some short term or “up front” costs related to the abatement shou ld the City have to take action; however, these costs would be charged/assessed to the property owner. 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. ETHICS AND INTEGRITY We believe that ethics and integrity are the foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. Options: 1. Approve the attached resolution giving staff the authority to abate the nuisance and assess all costs to the property owner. 2. Amend and approve the attached resolution giving staff the authority to abate the nuisance and assess all costs to the property owner. 3. Take no action. Recommendation: Approve the attached abatement order resolution as presented. Council Action: Consider a motion to approve the attached Abatement Order Resolution. Attachments: 1. Code Compliance Agreement for City Property (Signed) 2. Code Compliance Agreement for 20575 Co Rd 10 (Unsigned) 3. Aerial Image 4. Abatement Resolution 1 Property Compliance Agreement This Property Compliance Agreement is entered into between Richard Theis and Barbara Cornwell, 20575 County Road 50, City of Corcoran, Hennepin County (“Theis/Cornwell”) and the City of Corcoran (“City”). 1. Theis/Cornwell Property (20575 Co Rd 10 PID: 23-119-23-23-0010) By October 1, 2016, the property shall have a neat and orderly appearance. Cleanup and removal of any debris, scrap metal, junk, junk vehicles, brush, and clutter shall be completed and the property shall be in compliance with City Code by December 1, 2016. 2. Progress Inspections Progress inspections will be conducted periodically by City Staff. Any changes to this agreement or extension requests must be made in writing and approved by the City. Dated: Richard Theis Its Owner Dated: Barbara Cornwell Its Owner Subscribed and sworn to me this_____ Day of _________, 2016. _______________________________ Notary Public City of Corcoran October 27, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-84 Page 1 of 2 Motion By: Seconded By: A RESOLUTION ORDERING ABATEMENT OF NUISANCES AND AUTHORIZING ABATEMENT BY THE CITY ON THE PROPERTY AT 20575 COUNTY ROAD 10 WHEREAS, Richard Theis and Barbara Cornwell (“the Owners”) are the owners of the property at 20575 County Road 10, Corcoran, Minnesota (PID: 23-119-23-23-0010) (“the Property”); and WHEREAS, the Property is adjacent to City property (PID: 23-119-23-23-0011) (the “City Property”); and WHEREAS, on December 17, 2015 Mike Pritchard, City Code Compliance Official, noted extensive garbage and debris on the Property and on the City Property, which was not deposited at places designated and provided for that purpose, scrap metal, trailers, boats, snowmobiles, junk vehicles, parts and other items stored in violation of City Code and the presence of a fence installed on City Property without City permission; and WHEREAS, Mr. Pritchard notified the Owners of the nuisance conditions via a letter, dated December 17, 2015 and subsequently sent an abatement order, dated February 19, 2016, requiring abatement of all nuisances on the Property and removal of all nuisances and illegal storage on City Property and removal of the fence on City Property or the filing of an appeal of the order by February 29, 2016; and WHEREAS, the City entered into a Property Compliance Agreement with the Owners on April 23, 2016 and that Agreement required cleanup and removal of all nuisance items, scrap metal, junk, vehicles, brush, firewood, and clutter from the City Property by September 30, 2016. A separate agreement was also proposed by the City to abate the existing nuisances on the Owners’ property by October 1, 2016, however, Owners refused to sign the same and were informed by Mr. Pritchard on May 9, 2016 that the City expected abatement of the Owners’ Property as well, in compliance with the order dated February 19, 2016; and WHEREAS, Mr. Pritchard re-inspected the Property and the City Property on October 4, 2016 and determined that the Owners have not abated the nuisances on the Property nor the City Property and have not filed notice of an appeal of the February 19, 2016 abatement order, and; WHEREAS, Corcoran City Ordinance 82.04 empowers the City to abate such nuisances, under these circumstances, and provides for certification of all costs of the abatement to be charged against the real estate as a special assessment to be collected in the same manner as property taxes. City of Corcoran October 27, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-84 Page 2 of 2 NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA THAT: 1. That the Owners shall abate all of the nuisances on the City Property (PID: 23-119-23- 23-0011), outlined in the February 19, 2016 order and the April 23, 2016 Property Compliance Agreement, by October 31, 2016. 2. That the Owners shall abate all of the nuisances on the Property (PID: 23-119-23-23- 0010), outlined in the February 19, 2016 order and the April 23, 2016 Property Compliance Agreement, by March 31, 2017. 3. That if the nuisances on the Property and on the City Property are not abated by the dates above, the City shall be authorized to abate the nuisances on the respective properties, upon the passage of the applicable deadline outlined above, and the Owner shall be liable for the expenses incurred in doing so, based upon the City’s fee schedule and applicable ordinances. 4. That those expenses incurred due to abatement of nuisances on City Property (PID: 23- 119-23-23-0011) shall be charged against the Owners’ Property as a fee to be collected. 5. That those expenses incurred due to abatement of nuisances on the Property (PID: 23- 119-23-23-0010) shall be charged against the Owners’ Property as a special assessment to be collected with the 2018 property taxes. 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 27th day of October 2016. ________________________________ Kenneth Guenthner, Mayor ATTEST: ____________________________________ City Seal Jessica Beise, City Clerk STAFF REPORT Agenda Item. 11b. Council Meeting: October 27, 2016 Prepared By: Jessica Beise Topic: Electronic Check Signing Action Required: Approval Summary: Recently the Mayor inquired if it would be possible to electronically sign checks rather than traditional signing. Staff has investigated and the City’s current software has the ability to sign checks electronically. Staff envisions the process of claims to not change significantly with checks being printed and any checks not approved would be removed before they are sent. The electronic signatures would save time for the Mayor and City Administrator after the meetings to sign the checks. Electronic check signing is current practice in other cities in Minnesota including Victoria, Medina, Winsted, and Clearwater to name a few. Financial/Budget: The electronic check signing software is available at no additional cost in our current accounting software. Alignment with Values: This item relates to the following adopted values: FISCAL RESPONSIBILITY We believe that fiscal responsibility, and the prudent stewardship of public funds is essential for citizen confidence in government. Options: 1. Authorize staff to implement electronic check signing for claims. 2. Decline to implement electronic check signing for claims. Recommendation: Authorize staff to implement electronic check signing for claims. Council Action: Consider a motion to authorize staff to implement electronic check signing for claims. Attachments: None STAFF REPORT Agenda Item 11c. Council Meeting: October 27, 2016 Prepared By: Brad Martens Topic: Hennepin County Youth Baseball and Softball Grant Action Required: Approval Summary: Each year the Hennepin County Youth Baseball and Softball grant program solicits applications for funding. The goal of the program is to provide support to youth baseball and softball capital projects in Hennepin County. In past years the City has received funds for equipment such as a lawn mower and a scoreb oard. The application period is now open with a deadline of November 4, 2016. The Parks and Trails Commission discussed the opportunity at their October 18th meeting and by consensus recommended an application be made for improvements to Meister Field for fencing and a replacement drinking fountain. Staff is working on obtaining quotes for those improvements and should have in time for the Council meeting. Staff requests the City Council authorizes staff to apply for grant funding in order to meet the November 4th deadline. Financial/Budget: Grant funds received would be dedicated towards improvements. Any matching funds would need to be provided by the City or be received through additional donations from other organizations. Alignment with Values: This item relates to the following adopted values: EXCELLENCE AND QUALITY IN THE DELIVERY OF SERVICES We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional, cost-effective, and friendly manner. FISCAL RESPONSIBILITY We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Options: 1. Authorize staff to apply to the Hennepin County Youth Baseball and Softball program for funds to make improvements to Meister Field. 2. Decline the opportunity. Recommendation Authorize staff to apply to the Hennepin County Youth Baseball and Softball program for funds to make improvements to Meister Field. Council Action: Consider a motion to authorize staff to apply to the Hennepin County Youth Baseball and Softball program for funds to make improvements to Meister Field. Attachments: 1. Hennepin County Youth Baseball and Softball Grant Program Twins Community Fund - Hennepin County Youth Baseball/Softball Grant | Minnesota Twins http://minnesota.twins.mlb.com/min/community/grants/youth-baseball-softball-grant/[10/13/2016 9:31:44 AM] Hennepin County Youth Baseball and Softball Grant Program Summary This grant program provides financial support to youth baseball and softball capital projects located in Hennepin County. Apply Now Administration The Hennepin County Baseball and Softball grant program will be administered by DONATE Twins Community Fund - Hennepin County Youth Baseball/Softball Grant | Minnesota Twins http://minnesota.twins.mlb.com/min/community/grants/youth-baseball-softball-grant/[10/13/2016 9:31:44 AM] the Minnesota Twins Community Fund staff who review all requests, pay matching grants, work closely with grantee organizations to ensure completion of the projects and maintain program records. Hennepin Youth Sports Program Additional funding for eligible projects is available from Hennepin County. Applicants interested in applying for these funds should review the criteria at the MASC website. Applicants must apply to BOTH Hennepin County and the Twins Community Fund to take full advantage of this opportunity. Purpose and Eligibility The purpose of these grants will be to allow Hennepin County government agencies (i.e. municipalities, park districts or school districts) and 501c3 nonprofit organizations to create, expand, or improve baseball or softball facilities to enhance opportunities for athletics and recreation. No grant awards may be used for ongoing expenses, such as programming services or operating and maintaining the facilities. Applicants must have secured some funds for the project from at least one other source before applying. This one other source cannot be a pending Hennepin Youth Sports Program application. Organizations must also be governed by active boards and have sufficient revenue to operate their leagues. Application Process/Schedule Application Due Date: November 4, 2016. Organizations must complete an application and submit other required documents. Final grant determinations will be made by the Minnesota Twins Community Fund Board of Directors. Twins Community Fund - Hennepin County Youth Baseball/Softball Grant | Minnesota Twins http://minnesota.twins.mlb.com/min/community/grants/youth-baseball-softball-grant/[10/13/2016 9:31:44 AM] Applicants must begin their project within nine months of receiving the grant. The following criteria will be among those considered in evaluating grant applications: Need for the facility Population and number of people served Matching funds from other entities and in-kind contributions Project sustainability, including ongoing operating funds Inclusion of environmental improvements and sustainable design Partnerships between local units of governments and nonprofit sports organizations Timeline and demonstrated ability to perform Partnerships Proposals that support, create and enhance partnerships both between public entities as well as those with private organizations will be favored. Operating agreements that expand hours and programs, bring new users to the facility and provide opportunities that do not currently exist in the community will be preferred. If you have any questions about Hennepin County Youth Baseball and Softball grant program, please call Stephanie Johnson at 612-659-3505 or email her. Apply Now Home News Video Scores Stats Schedule Standings Roster Target Field ©2016 MLB Advanced Media, LP. All rights reserved. About MLB.com Privacy Policy Terms of Use About Our Ads STAFF REPORT Agenda Item 11d. Council Meeting: October 27, 2016 Prepared By: Brad Martens Topic: Neighborhood Park Design Proposals – Ravinia Action Required: Approval Summary: The Ravinia development includes two public parks, a neigh borhood park and an open space park. According to the development contract, land dedication shall be with the final plat of the adjacent phase of development. Also required by the development contract is that the grading and landscaping of the park is the responsibility of the developer. Staff has been informed that the next phase of development will be adjacent to the neighborhood park which means it will likely be dedicated to the City in 2017. If the final plat is approved over the winter, grading could take place in May 2017. A site plan and grading plan must be created for the park to take advantage of the developer completing the grading work. As part of the planning process, the Parks and Trails Commission has worked over the past year to develop priorities for the park which has prepared the City to move forward with design. At the August 11th City Council meeting staff was authorized to complete a request for proposals to complete a draft park design and construction budget for the neighborhood park. Due to the intimate knowledge of the project and cost efficiencies of working with a contractor who already had access to all Ravinia drawings, staff requested proposals from Wenck Associates and Landform. Those proposals are attached to this report. A t the October 18th Parks and Trails Commission meeting, the proposals were reviewed and a vote was approved recommending the Wenck Associates proposal and to move forward with phase one of the proposal. It is requested that the Council approve taking that action. Financial/Budget: The cost of moving forward with phase one of the proposal is $6,700 (staff does not recommend moving forward with the line item cost estimate at this time); staff will request approval in the future to proceed with additional work. The Commission recommends funding this project out of the Park Dedication Fund. Alignment with Values: This item relates to the following adopted values: EXCELLENCE AND QUALITY IN THE DELIVERY OF SERVICES We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional, cost-effective, and friendly manner. FISCAL RESPONSIBILITY We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Options: 1. Authorize staff to approve the Wenck Associates Ravinia park concept plan proposal and to proceed with phase one. 2. Authorize staff to approve the Landform proposal for Ravinia neighborhood park and to proceed with phase one. 3. Decline the opportunity. Recommendation Authorize staff to approve the Wenck Associates Ravinia park concept plan proposal and to proceed with phase one. Council Action: Consider a motion to authorize staff to authorize staff to approve the Wenck Associates Ravinia park concept plan proposal and to proceed with phase one. Attachments: 1. Wenck Associates – Ravinia Park Concept Plan Proposal 2. Landform – Proposal for Ravinia Neighborhood Park 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 September 30, 2016 Brad Martens City Administrator City of Corcoran 8200 County Road 116 Corcoran, Minnesota 55340 RE: Ravinia Park Concept Plan Proposal Mr. Martens: We are excited by this opportunity to work with the city to create a future vision for the Ravinia neighborhood park. Providing engineering review and development construction management services on the Ravinia project, we know that it is critical to create a plan for the park this fall and winter so that the City can benefit from some cost savings by having the developer complete infrastructure connections and rough grading of the park in the next phase. Project Understanding Wenck understands that the city is looking for the design of a neighborhood park in the Ravinia development and each of our team members has the ability and availability to develop landscapes, sight lines, equipment areas, natural areas, and prepare the line item construction budgets. Our familiarity with the current development will be beneficial in laying out the grading (by Lennar), potential water, parking, possible sewer service stubs, and electrical. Completing the concept development before final construction layouts will allow the city to leverage the developer for accomplishing any future connections and rough grading to save park construction costs. Wenck is excited to be considered for the City park project and is committed to delivering the project on time. We have completed an internal visioning meeting to review our past park project experiences (New Hope, Delano, Three Rivers Park District, Anoka County Parks and Scott County Regional Parks) and look at application to the Ravinia park. The areas below may appear too practical, but these types of discussions can improve the end product. Discuss utilizing adjacent Outlots (i.e. community garden, dog area) Consider a pavilion/shelter for small groups (kid parties) vs. gazebo/decorative Passive areas for Frisbee golf, winter sledding, etc. Irrigation needs for turf areas, import additional top soil for high traffic areas Small user friendly amenities of bike rack locations, port-a-potty area, lighting, and 360- degree seating Angled parking vs. parallel parking (which is at the HOA community center). Public Works input on maintenance issues with each proposed concept Although there is a HOA pool, Wenck has a PE with splash pad design experience Brad Martens City Administrator City of Corcoran September 30, 2016 2 T:\2294-Corcoran\00 Proposals\P2016-1191 Ravinia Park\Ravinia Park Concept Plan Proposal_Final.docx Project Outline Wenck will work with the City to draft two concepts, explore options and unify a final vision for the Ravinia neighborhood park that will construct the park infrastructure during development buildout. This will allow for equipment installation, and due to budget shortage may result in a phased park. Completing the final concept plan will ensure final approval by Council and the most efficient completion of each phase with full confidence that there will be minimal rework as the ultimate vision is achieved. Phase 1: Create Two Concept Plans and Budget The creation of concepts first involves reviewing the goals, budgets, lot limitations in an iterative fashion to create functional and affordable design. Wenck will hold a kickoff meeting to review the past work by the Commission, City and the summer intern. We will incorporate the City’s vision and combine it with our existing knowledge of the site’s grading limitations (about 6 feet of difference from top of curb/sidewalk to wetland NWL). “Natural Terrain” and “Two Tier” Concepts Wenck will rough draft two concept plans to bring to the City for review and input. The concepts will be a combination of our independent experience and the City’s input of desired improvements and will be presented graphically to illustrate the layout of the park, identify uses, and show what Ravinia Park could look like for each concept. The two concepts are titled “Natural Terrain” and “Two Tier”. Natural Terrain will be more of a “rolling” terrain with subtle slopes on sidewalks, viewing mounds and separated pl ay areas. The Two Tier concept will have a more defined difference in grading with an upper play area near the parking and lower (possibly sport) area closer to the wetland. Figure 1: Rendered Plan for Great River School Brad Martens City Administrator City of Corcoran September 30, 2016 3 T:\2294-Corcoran\00 Proposals\P2016-1191 Ravinia Park\Ravinia Park Concept Plan Proposal_Final.docx Each concept will meet the City’s request to: Create a landscape plan to:  Be a natural design and low maintenance  Include deciduous shade trees for shade for playground area, and possibly coniferous for screening neighbors  Include native plantings  Ensure sight lines from roads and parking  Parking expansion options  Show 360 degree seating locations to allow the users a choice of viewsheds  Incorporate “nodes” where groups/individuals could sit  Describe typical maintenance needs for review by City and Public Works. Develop the two site plans (Park Layout) to;  Incorporate areas of “interest” via passive aesthetics including the adjacent wetland  Provide for natural stormwater conveyance where possible  Ensure sight lines from roads  Provide a location where a playground could be sited  Provide a location where a hard-court could be sited  Incorporate parking on adjacent local road  Incorporate sidewalk connections to adjacent planned sidewalks and trail Develop line item budgets for the grading and landscape plan components Figure 2: Concept Rendering of the Great River School Natural Play Area Brad Martens City Administrator City of Corcoran September 30, 2016 4 T:\2294-Corcoran\00 Proposals\P2016-1191 Ravinia Park\Ravinia Park Concept Plan Proposal_Final.docx Incorporate the Details The long term success of the park will be related to seemingly “minor” amenities, yet these increase user friendliness for all ages and the parents/responsible person but also affect the city’s maintenance burden. Incorporated in the discussion will be the following:  ADA accessibility and handicap parking stall  Water stub for connection for drinking fountain  Water stub for a community garden  Water stub and control box for turf irrigation  Identify electrical source for park lighting  Potential locations for portable sanitary (port-a-potty)  Mowing needs  Annual plant maintenance  Landscaping irrigation needs  Draintile to return the park to playable conditions soon after storm events  Winterizing needs  Shade opportunities before tree canopies are developed  Type of curb for play areas (plastic from the equipment vendor or concrete) Wrap-up Meeting During the wrap-up meeting Wenck will present the two concept layouts and line item budget estimates. These can be presented by staff to the Parks Commission, and Council to determine which components of the two concepts are preferred, and whether Phase 2 is necessary. Phase 1 Deliverable Summary and Costs “Natural Terrain” and ”Two Tier” Rough Draft Concept Plans $6,700 Line Item Cost Estimates (excluding equipment and sport courts) $1,000 Two meetings with staff Included in above Parking and intersection sight lines Included in above Figure 3: River Front Park in Delano, MN Brad Martens City Administrator City of Corcoran September 30, 2016 5 T:\2294-Corcoran\00 Proposals\P2016-1191 Ravinia Park\Ravinia Park Concept Plan Proposal_Final.docx Phase 2: Master Plan and Cost Estimate The City may stop after Phase 1, or move forward since typically the stakeholders and equipment vendors will make modifications based on equipment spacing and budget. Wenck can synthesize the selected components from the two concepts and equipment vendor into a final master plan with visuals which is supplemented by a revised cost estimate. Phase 2 Deliverable Summary and Costs Final Concept and Cost Estimate $2,500 One meeting with staff Included in above Estimated Schedule Our staff is flexible and available to meet any schedule desired by the City, but have outlined the following skeletal schedule for discussion. Phase 1  Project Authorization and Kickoff Meeting October  Rolling Terrain and Two Tier Concepts November  Selection by City and authorize Phase 2 December Phase 2 (if selected)  Final Master Plan January  Contingency February Additional Services Available  All plans will be rendered and presented electronically (PDF). We will work on time and materials if full size renderings/story boards are needed.  Wenck will be present at commissions and Council if requested. Figure 4: Great River School Natural Play Area (Photo by Capital Region Watershed District) Brad Martens City Administrator City of Corcoran September 30, 2016 6 T:\2294-Corcoran\00 Proposals\P2016-1191 Ravinia Park\Ravinia Park Concept Plan Proposal_Final.docx Project Team Our team members have designed municipal, residential and county parks, coordinated park projects within other infrastructure projects and have overseen construction of the parks . Together we will consider current and future uses for the park and plan around that to create the master plan for a community amenity. The team selected to serve the City of Corcoran on this project thoroughly understand park design projects. Kent Torve, City Engineer will provide time at no charge to coordinate the Ravinia and City park projects. He brings experience from infrastructure work and equipment on parks in Delano and Loretto. Wenck will incorporate Zoe Kesselring (summer intern) on the team for concept layout and review. Her background and summer experience will be helpful to the Wenck team. Lucius Jonett, PLA Landscape Architect Mr. Jonett is a licensed landscape architecture that focuses on site design and construction with an emphasis on water resources. Projects range from creating outdoor classrooms, designing natural play areas to shaping municipal parks and monuments. His attention to detail and experience administering construction of his own design projects allows him to develop concepts and finalize designs with an understanding of what keeps projects in budget and allows for smooth construction. Previous park projects: Kandiyohi County – Games Lake Park Master Plan (Current) City of Delano – Floodwall Park (2015) Anoka County Parks – Rice Creek Streambank & Trail Stabilization (2015) Three Rivers Park District – Lake Minnetonka Regional Park Projects (2015) Great River School – Natural Play Area (2014-2015) City of Delano – Riverwalk Project (2014) Seth Bossert Landscape Designer Mr. Bossert is a project designer with more than ten years of experience in developing creative design solutions and implementing projects with both the public and private sectors. He has a master’s in landscape architecture from the University of Minnesota – Twin Cities. Specialties include visual renderings of proposed environments, urban stormwater management, lake shore restoration and integrating design aesthetic into all team projects. His creativity allows him to balance form and function while solving complex design problems. Previous park projects: Kandiyohi County – Games Lake Park Master Plan (Current) City of Delano – Floodwall Park (2015) Carver County Parks Department – Coney Island Biological assessment (2015) City of Watertown – Rick Johnson Park Fishing Piers (2014) City of Chaska – Historic Rest Stop Revitalization (2014) Brad Martens City Administrator City of Corcoran September 30, 2016 7 T:\2294-Corcoran\00 Proposals\P2016-1191 Ravinia Park\Ravinia Park Concept Plan Proposal_Final.docx Kevin Mattson, PE Civil Engineer and Construction Management Mr. Mattson has eleven years of experience working on various construction and design projects. He has extensive design and construction inspection background related to municipal infrastructure, stormwater, and street construction projects. Kevin has a reputation for meeting project objectives and building strong client relationships. Previous park projects: City of Spring Park/Three Rivers Park District - Dakota Regional Trail Connection Scott County - Cedar Lake Farms Regional Park City of New Hope – Meadow Lake Park, Lions Park, Civic Center Skate Park, Holiday Park, 49th Ave Lighted Ballfields, Victory Park Ballfields, Fred Sims Park, & Terra Linda Park City of Corcoran - Ravinia Development Phases 1-6 We understand that City of Corcoran’s primary objective is to create a neighborhood park in the Ravinia development that is a local amenity to residents and is cost effective by utilizing current development activities to start shaping the future of the park. We will be your partner on the concept development team to fully understand the desire project objectives and features. The Wenck project team is ready to start immediately and will commit the necessary resources to assure technical excellence, unmatch ed customer service and successful project completion. On behalf of the 250+ employee-owners of Wenck, thank you for this opportunity to work with the City of Corcoran. Should you have any questions, or need clarification of anything presented in the attached proposal, please do not hesitate to call Kent at 763-479-4209 or Lucius at 763-479-4252. Sincerely, Wenck Associates, Inc. Kent Torve, PE Lucius Jonett, PLA City Engineer / Principal Landscape Architect / Associate 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. September 29, 2016 Brad Martens City of Corcoran 8200 County Road 116 Corcoran, Minnesota 55340 RE: Proposal for Ravinia Neighborhood Park Landform Proposal No. P16171 Brad, Thank you for asking us to propose consultant design services for your community’s new park in the Ravinia neighborhood of Corcoran. Landform is pleased to submit this Proposal to provide park design services for the above referenced project. It is our understanding that the project consists of reviewing existing materials and coordinating with you to develop concept plans. We will refine the concepts into a preferred Master Plan, with Conceptual Site Amenities and a Preliminary Cost Opinion. After Park and Trails Commission approval, we will take the master plan through design development so that preliminary grading and landscaping can occur. The final deliverables are intended to allow Lennar to complete their existing commitments on the park property and for the City to budget for future improvements. Landform is committed to client service and the interdisciplinary fully-integrated site design process that has come to be our signature. Our studios are client-focused, each tailoring their design and production processes to meet the needs of their particular market, client or project type. Our professional staff includes landscape architects, planners, urban designers, civil engineers and land surveyors. We offer you a SensiblyGreen® approach to your site design and development challenges from Site to Finish®. If you have any questions concerning this proposal or our services, please call me at 612-252-9070. We look forward to working with you. Sincerely, Landform Professional Services, LLC Kendra Lindahl, AICP Principal Proposal to Brad Martens with City of Corcoran 2 P16171 – Ravinia Neighborhood Park, Corcoran, MN September 29, 2016 Professional Services Proposal For City of Corcoran RAVINIA NEIGHBORHOOD PARK Corcoran, Minnesota PROJECT TEAM: Client Manager: Kendra Lindahl, AICP Principal Planner Project Lead: Danyelle Pierquet, RLA* Senior Designer: Chris Call, PE Designer: Cameron Hagen, EIT Designer: Emily Osthus * Indicated professional registrations are state-dependent; to obtain further information about our state licenses, please contact Human Resources at 612-252-9070 Proposal to Brad Martens with City of Corcoran 3 P16171 – Ravinia Neighborhood Park, Corcoran, MN September 29, 2016 This fee Proposal is valid for 30 days from the creation date noted in the footer. Landform may reissue a revised Proposal upon request if the indicated time period has lapsed. TABLE OF CONTENTS A. SCOPE OF SERVICES ............................................................................................................ 4 B. COMPENSATION .................................................................................................................... 5 C. ASSUMPTIONS ....................................................................................................................... 6 D. FORM OF CONTRACT ............................................................................................................ 7 RATE SCHEDULE .......................................................................................................................... 8 EXHIBIT A – SAMPLE CONCEPT PLAN ALTERNATIVES ............................................................ 9 EXHIBIT B – SAMPLE MASTER PLAN AND AMENITIES EXHIBIT ............................................ 10 EXHIBIT C – SAMPLE DESIGN DEVELOPMENT PLANS ........................................................... 11 EXHIBIT D – PROPOSED SCHEDULE, EFFORT AND FEES ...................................................... 12 OWNERSHIP AND USE OF DOCUMENTS: Consultant’s drawings, Specifications, and other documents, including this Proposal, are instruments of Consultant’s services for use solely with respect to this Project. Consultant shall be deemed the author of these documents and shall retain all common law, statutory and/or reserved rights, including copyright. Any use or reuse of this Proposal other than its intended use will be considered infringement of Consultant’s reserved rights. Proposal to Brad Martens with City of Corcoran 4 P16171 – Ravinia Neighborhood Park, Corcoran, MN September 29, 2016 A. SCOPE OF SERVICES The level of our involvement will include the following Scope of Services (“Basic Services”). Naturally, the scale and scope of our efforts depends upon a Client’s needs, a clear understanding of our responsibilities and upon the deliverables required. If we have misinterpreted your needs, please let us know and we will make the necessary adjustments to this Proposal. 1. Concept / Schematic Design [20]: Landform will: a) Coordinate a kick off meeting and site visit with Staff to review the project scope, schedule and proposed deliverables. We will coordinate plan development based on base materials provided by the City. b) Review plans, maps and aerial photos as needed to gain an understanding of the site and influences on its development. c) Prepare two (2) Concept Plans based on previous sketches (See Exhibit A example). d) Prepare two (2) amenities exhibits for park components and plantings that convey the design intent of the park concepts. Exhibits may include a combination of site furnishings, pavements, lighting, signage, and plant species as guided by Staff. e) Meet with you once to review concepts plans and amenity exhibits. f) Edit the concept plans into a single draft master plan and refine the amenities exhibits. g) Create Preliminary Cost Opinion based on Draft Master Plan and Amenities exhibits. h) Submit draft Master Plan, Amenities exhibits and Preliminary Cost Opinion to Staff for presentation to Parks and Trails Commission (See Exhibit B example). i) Refine draft Master Plan, Amenities exhibit and Cost Opinion based on Parks and Trails Commission feedback conveyed via Staff. 2. Design Development / City Submittal Documents [30]: Landform will: a) Prepare an Existing Conditions Drawing based on the Boundary and Topographic Survey previously prepared by Sathre. Proposal to Brad Martens with City of Corcoran 5 P16171 – Ravinia Neighborhood Park, Corcoran, MN September 29, 2016 b) Prepare a Preliminary Site Plan indicating the proposed plan overlaid on the existing conditions. This plan will include the dimensions of the proposed park amenities, walks and other surface site features. c) Prepare a Preliminary Grading, Drainage, Paving and Erosion Control Plan indicating existing and proposed 1-foot contour intervals, erosion control measures, and methods of collecting and draining storm water. We will also prepare preliminary drainage and pipe sizing calculations for municipal and watershed review. d) Prepare a Preliminary Landscape Plan. e) Attend a meeting with you to review the plans. f) Revise the submitted documents once to include staff comments. g) Submit Preliminary Plans for future phases (non-funded components) to Staff for future budgeting and development coordination. 3. Construction Documents [50]: Landform will: a) Develop grading and landscaping plans to final construction documents for coordination with Lennar. See Exhibit C examples. b) Attend a meeting with you to review the plans. c) Revise the submitted documents once to include staff comments. d) Submit final grading and landscape plans to Staff for coordination with Lennar. B. COMPENSATION 1) The Basic Services described under the Scope of Services shall be completed on a fixed fee basis as detailed below. See Exhibit D for the proposed work plan and fees. PHASE TASK BILL TYPE ASSOCIATED FEE Concept/Schematic Design [20] Master Planning and Cost Opinion Fixed Fee $7,029.00 Design Development / City Submittal Documents [30] 60-percent Plan Document Preparation Fixed Fee $5,688.00 Construction Documents [50] 100-percent Plan Preparation (grading and landscape) Fixed Fee $2,037.00 Labor Subtotal $14,754.00 Estimated Expenses $300.00 Total $15,054.00 Proposal to Brad Martens with City of Corcoran 6 P16171 – Ravinia Neighborhood Park, Corcoran, MN September 29, 2016 2) Internal reimbursable expenses are priced as follows: Mileage Based on current IRS rates Plotting on Bond 0.50 per square foot Plotting on Vellum 1.10 per square foot Plotting on Mylar 2.50 per square foot Color Printing 1.00 for 8.5 x 11 2.50 for 8.5 x 14, 11 x 17 Foam Core 30.00 per sheet Scanning 1.50 per scan CD/DVD/Thumb drive 10.00 per cd/dvd/thumb drive 3) External reimbursable expenses shall be billed at cost plus 15%. 4) Invoices will be sent once a month based on the phase percent complete through the date of billing. 5) Payment is due upon receipt of invoice. Unless prior arrangements are made, a 1.5% per month (18% per annum) service charge or the maximum permitted by law, whichever is less, will be assessed against all invoices unpaid for over 30 days. Service charges may be compounded. C. ASSUMPTIONS We have based the Proposal on the following assumptions and our understanding of your needs. If we have made any incorrect assumptions, please let us know so that we can modify our Proposal. Any assumptions that prove incorrect may result in Additional Service fees. 1. The survey previously completed by others will be provided to Landform in AutoCAD 2000 or higher format. 2. There are enough spot elevations to complete the drainage analysis. 3. The original park site plan by Lennar’s team was approved by the City and meets City requirements. 4. Preparation of more than two (2) Concept Plans will result in Additional Services. 5. Tree preservation, wetland mitigation and stormwater management coordination is not required for this project. 6. All Parks and Trails Commission meetings will be attended by Staff. 7. Our design development drawing sheets include our standard sheet notes. Due to the level of detail on our plans, this Proposal does not include preparation of specifications. 8. This Proposal does not include any surveying or locating wetland delineation markings. 9. This Proposal does not include detailed earthwork analysis. 10. This Proposal does not include off-site utility extensions. Proposal to Brad Martens with City of Corcoran 7 P16171 – Ravinia Neighborhood Park, Corcoran, MN September 29, 2016 D. FORM OF CONTRACT Landform continually strives towards ways of reducing our impact on the environment. Therefore, we are submitting this Proposal to you electronically only. Please print only the signature page, sign, and return the signed page by email, fax or mail as written authorization to proceed. If your company’s policy requires hardcopy originals, please contact us to request that hardcopy originals be mailed to your address. A faxed or emailed copy of a signature is as binding as an original. You may also incorporate this Proposal into your standard contract form but, even if we subsequently sign your contract form, in the event of any conflict or inconsistency between this Proposal and Client’s standard contract form, this Proposal shall govern. We reserve the right to a) collect as an external reimbursable expense the cost of legal counsel should you elect to use a lengthy contract of your own design, and b) revise our fee Proposal if your contract form assigns additional responsibility or risk to Landform Professional Services. If you instruct us to begin, or allow us to continue performing, Services prior to returning a signed contract it will be understood that all terms of this Proposal, including the attached Terms and Conditions, are acceptable and all parties will be bound by the terms of this Proposal. The attached Terms and Conditions are incorporated by reference and are an integral component of this Proposal. Landform Professional Services, LLC agrees to perform the Services described in this Proposal under the terms outlined. The following party accepts the scope, terms and conditions outlined in this Proposal and instructs Landform Professional Services, LLC to proceed with the Services as outlined. City of Corcoran Kendra Lindahl, AICP Signed Principal September 29, 2016 Date Title Landform Federal Tax ID: 27-1199905 Date Proposal to Brad Martens with City of Corcoran 8 P16171 – Ravinia Neighborhood Park, Corcoran, MN September 29, 2016 RATE SCHEDULE Development Manager 240.00/hour Development Coordinator 85.00/hour Senior Principal 195.00/hour Principal 160.00/hour Associate 135.00/hour Studio Lead 135.00/hour Senior Designer 115.00/hour Senior CAD Manager 120.00/hour Designer III 92.00/hour Designer II 77.00/hour Designer I 67.00/hour Planning Lead 115.00/hour Senior Planner 115.00/hour Planner III 92.00/hour Planner II 77.00/hour Planner I 67.00/hour Survey Lead 135.00/hour Project Lead 115.00/hour Survey Technician III 92.00/hour Survey Technician II 77.00/hour Survey Technician I 67.00/hour Crew Chief 125.00/hour Survey Coordinator 95.00/hour Field Technician 55.00/hour Construction Observation III 120.00/hour Construction Observation II 85.00/hour Construction Observation I 80.00/hour Business Lead 75.00/hour Project Accountant 75.00/hour Senior Administrative Assistant 65.00/hour Administrative Assistant 57.00/hour Proposal to Brad Martens with City of Corcoran 9 P16171 – Ravinia Neighborhood Park, Corcoran, MN September 29, 2016 EXHIBIT A – SAMPLE CONCEPT PLAN ALTERNATIVES Proposal to Brad Martens with City of Corcoran 10 P16171 – Ravinia Neighborhood Park, Corcoran, MN September 29, 2016 EXHIBIT B – SAMPLE MASTER PLAN AND AMENITIES EXHIBIT Proposal to Brad Martens with City of Corcoran 11 P16171 – Ravinia Neighborhood Park, Corcoran, MN September 29, 2016 EXHIBIT C – SAMPLE DESIGN DEVELOPMENT PLANS Plan documents at this stage would have the general site components laid upon the site, as below. This example also shows some detail and dimensioning which would give components being handed off to Lennar and the playground vendor enough guidance to continue their work. Future phases/components of the site would pause with this 60-percent design effort, and would be developed to a lesser extent. Proposal to Brad Martens with City of Corcoran 12 P16171 – Ravinia Neighborhood Park, Corcoran, MN September 29, 2016 EXHIBIT D – PROPOSED WORK PLAN AND FEES Proposal to Brad Martens with City of Corcoran 13 P16171 – Ravinia Neighborhood Park, Corcoran, MN September 29, 2016 TERMS AND CONDITIONS 1.0 CONSULTANT'S SERVICES. Consultant shall perform the services identified in this Proposal and no others unless otherwise agreed and unless Consultant is paid additional compensation in accordance with this Proposal. 1.1 STANDARD OF CARE. Consultant's services shall be performed based on the standard of reasonable professional care for services similar in scope, schedule, and complexity to the services being provided by the Consultant. ALL WARRANTIES, EXPRESS OR IMPLIED, UNDER THIS PROPOSAL OR OTHERWISE, IN CONNECTION WITH THE CONSULTANT'S SERVICES ARE EXPRESSLY DISCLAIMED. 1.2 SCHEDULE. Time limits established by the schedule identified in the Proposal shall not, except for reasonable cause, be exceeded by Consultant or Client. Consultant’s compensation shall be equitably adjusted in the event of delays caused by Client, Client’s other consultants, or Client’s agents. Fees quoted in the Proposal shall be adjusted if services do not commence within 90 days after the date of the Proposal. 1.3 LIMITATIONS UPON AND EXCLUSIONS FROM RESPONSIBILITY DURING CONSTRUCTION: Whether or not the Consultant provides services during construction: (1) The Consultant shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. (2) The Consultant shall not have control over, or charge of, and shall not be responsible for: construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, including compliance with State or Federal OSHA requirements. (3) To the fullest extent permitted by law, Client shall defend, indemnify, and hold the Consultant harmless from all loss, damage, liability, cost or expense (including but not limited to reasonable attorneys' fees) arising out of or relating to the failure of the Work to conform to the Drawings and Specifications. 2.0 ADDITIONAL SERVICES. In addition to any other Additional Services listed in the Proposal, the following services are excluded from Basic Services and Client shall compensate Consultant for such services, in addition to compensation for Basic Services: (1) Making revisions in Drawings and Specifications or other documents or services (including restaking) when such revisions are (a) inconsistent with approvals, information or instructions previously given, (b) the result of adjustments in Client's requirements, (c) required by enactment, interpretation or revision of codes, laws or regulations subsequent to preparation of such documents, (d) required by the failure of Client or Client's consultants to render decisions or to provide necessary information in a timely manner, (e) imposed by municipal or other authorities as a condition for approval of a project, unless the Drawings, Specifications or other documents clearly were not in compliance with applicable law when submitted for approval, or (f) due to or causes not solely within control of Consultant; (2) Providing any Construction Administration Phase services unless otherwise specified in the Proposal; (3) Providing any services excluded from the Scope of Services identified in the Proposal: (4) Providing any other services not otherwise expressly included in this Proposal. 3.0 CLIENT'S REPRESENTATIONS AND RESPONSIBILITIES. Client at its expense shall promptly provide full information and requirements for the Project, including but not limited to all information in Client’s possession or otherwise available to Client, Client’s consultants, or Client’s agents relating to: the design, construction, and actual or intended use of the Project; as-built information regarding existing structures and improvements; existing surveys describing physical characteristics, legal limitations and utility locations for the site of Project; existing soils information and professional recommendations of soils (geotechnical) engineers; mechanical, electrical, plumbing, structural, and (unless otherwise stated in the Proposal) architectural design for the Project; and all other information reasonably requested by Consultant. Consultant shall be entitled to rely upon the accuracy and completeness of all information furnished by Client. Client shall provide information, render decisions, and make approvals promptly. Client shall retain a qualified Contractor to construct the Project. The person signing this agreement on behalf of Client represents and warrants that Client either owns fee title to, or has the legal right to direct Consultant to perform services in connection with, the site of the Project and that there is presently nothing to prevent Consultant from filing a lien against the site of the Project. 4.0 OWNERSHIP AND USE OF DOCUMENTS. Consultant’s Drawings, Specifications, and other documents (including CAD files or other information on electronic media) as well as substantially similar and/or derivative documents prepared by using or copying Consultant’s intellectual property (collectively referred to as “Documents”), are instruments of Consultant's service for use solely with respect to this Project. Consultant is the author of these Documents and retains all common law, statutory and/ or reserved rights, including copyright. The Documents may not be used on other projects, for addition to this Project or for completion of this Project by others. Client has a royalty-free license to use the Documents for the Project at its current location only. Such license is subject to the express conditions that (a) Client is not in breach of its payment obligations and (b) Consultant is involved in the Project. If either of these conditions cease to exist, Client's license to use the Documents shall immediately terminate without further notice. Submission or distribution of the Documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Consultant, as long as Client is not in breach of the Contract. Any use or reuse of Documents will be at the Consultant’s sole discretion and at the Client's sole risk. The Documents are intended to work only on Consultant's computer system. The Consultant makes no representation as to the compatibility of the Documents with other systems. No person other than Client may use or rely upon any Documents, except to the extent Consultant gives written permission in each instance. 5.0 DISPUTE RESOLUTION, GOVERNING LAW. Any claim, dispute or other matter in question arising out of or relating to this Proposal or breach thereof ("Claim") in which the aggregate amount in controversy exclusive of interest, attorneys’ fees and costs, is less than or equal to $100,000 shall be decided by binding arbitration in Minneapolis in accordance with the Construction Industry Rules of the American Arbitration Association. Judgment on any award by the arbitrator(s) shall be enforceable in any court having jurisdiction. Any Claim in which the aggregate amount in controversy, exclusive of interest, attorneys’ fees and costs, is greater than $100,000 shall be resolved by litigation in the State or Federal Court located within Hennepin County, Minnesota. Consultant and Client expressly consent to the exclusive personal jurisdiction and venue of the Minnesota courts for all purposes relating to this Proposal. The parties waive trial by jury. This Proposal shall be governed by Minnesota law, without regard to conflicts of law principles. 6.0 TERMINATION. This Proposal may be terminated by either party upon not less than seven days’ written notice should the other party fail to perform in accordance with its terms through no fault of the party initiating termination. Such termination shall not affect the parties’ accrued rights and liabilities as of the date of termination. Without limiting the generality of the foregoing, paragraphs 1.1, 1.3, 4.0, 5.0, 7.0, 8.0, and 10.0 of these Terms and Conditions shall survive any cancellation, expiration, or termination of this Proposal. Proposal to Brad Martens with City of Corcoran 14 P16171 – Ravinia Neighborhood Park, Corcoran, MN September 29, 2016 7.0 MISCELLANEOUS PROVISIONS. (1) Services will be performed based upon limited investigations and no destructive or invasive testing techniques will be employed, unless otherwise agreed in writing. (2) The Client and Consultant have discussed the risks, rewards, and benefits of the Project and Consultant's total fee for its services. The risks have been allocated such that to the fullest extent permitted by law, and for Client to receive the benefit of a fee which includes a reasonable allowance for risks, CONSULTANT'S TOTAL LIABILITY TO CLIENT FOR ANY LOSS, CLAIM OR DAMAGE ARISING OUT OF THE NEGLIGENCE OR OTHER LEGAL FAULT OF CONSULTANT IN PERFORMING ITS SERVICES SHALL BE LIMITED TO THE GREATER OF (I) THE AMOUNT STATED IN THIS PROPOSAL AS COMPENSATION FOR CONSULTANT'S BASIC SERVICES, OR (II) THE LIMITS OF ANY INSURANCE ACTUALLY AVAILABLE TO THE CONSULTANT. Client may eliminate this limitation on liability by notifying Consultant in writing prior to commencement of Consultant's services and tendering, with such written notice, a one-time payment equal to twenty percent (20%) of the amount identified in the Proposal as the Consultant’s Basic Compensation. This increased compensation is not the purchase of insurance. (3) In no event shall Consultant be liable for damages for loss of profits, loss of use, loss of revenue, or any or special, indirect or consequential damages of any kind. (4) This Proposal represents the entire and integrated agreement between Client and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. (5) This Proposal may be amended by written instrument signed by both Client and Consultant or, in the case of Additional Services, by a written confirmation from Consultant to which Client does not object within ten (10) working days. 8.0. PAYMENTS TO CONSULTANT. Payments are due upon presentation of Consultant's invoices. 9.0 BASIS OF COMPENSATION. Client shall compensate Consultant as set forth in the Proposal. AN ESTIMATED FEE IS NOT A FIRM FIGURE. If the scope of or schedule for Consultant's Services is changed materially, the compensation shall be equitably adjusted. Rates and multiples for Additional Services and other services as set forth in the Proposal shall be adjusted annually in accordance with normal salary review practices of Consultant. For Additional Services of Consultant compensation shall be an hourly rate as defined in the Proposal plus reimbursable expenses; or, if agreed by Client and Consultant in writing, a lump sum amount. For additional services of Consultant's consultants, compensation will be 1.0 times the amount billed to Consultant for such services, plus reimbursable expenses. For reimbursable expenses, the Consultant shall be compensated for out-of-pocket expenditures incurred in connection with the services identified in this Proposal, based on 1.0 times actual costs incurred. In addition to other expenses, Consultant will be reimbursed for any applicable sales, use, or similar taxes related to services or products provided under this Proposal which may be imposed by any governmental entity. 10.0 DELAYED PAYMENT; PAYMENT DISPUTES. 10.1 CONDITIONS PRECEDENT TO WITHHOLDING PAYMENT. The Client may not withhold any payments to the Consultant unless the basis of (including all particulars) and amount in dispute are identified and presented in writing to the Consultant not later than the twenty-fifth (25th) calendar day after presentation of the disputed invoice. Objections to invoices not made within this time period are deemed waived. Unless Client proceeds in accordance with this Section 10.1, Client's failure to pay any invoice (either on the Project which is the subject of this proposal or in connection with any other project for which Consultant is providing services to Client) within thirty (30) calendar days after presentation of Consultant’s invoice shall constitute just cause for the suspension of services on all projects and the withholding of all deliverables on all projects by the Consultant. Client will pay all of Consultant’s costs of collection, including: internal labor costs at the Additional Services rate; reasonable attorneys' fees; and litigation and arbitration costs and fees, in the event Client fails to make timely payment to Consultant in violation of this contract. External fees, costs, and expenses incurred under this clause will be reimbursed at the rate specified in the Proposal for external reimbursable expenses. 10.2 NOTICE OF CLAIMED ERRORS OR OMISSIONS. In consideration of Consultant’s providing insurance to cover claims made by Client, Client hereby waives any right of offset as to fees otherwise due to Consultant. Client shall provide written notice, including all known particulars, to Consultant of any claimed errors or omissions in Consultant’s services not later than 60 calendar days after Client becomes aware, or in the exercise of reasonable diligence should have become aware, of the existence of such error or omission. Consultant shall be given a reasonable opportunity, during such 60-day period, to investigate and recommend ways of mitigating any alleged damages. Client’s failure to provide such notice, and/or Client’s failure to provide Consultant a reasonable opportunity to investigate and make recommendations, within the time stated shall constitute an irrevocable waiver of any and all claims, counterclaims, defenses, setoffs, or recoupments Client might have in connection with any such alleged error or omission. In the event Client asserts a claim in violation of this paragraph, or in the event that any other error and omission claim asserted by Client is determined to be without substantial merit, Client shall pay all of Consultant’s: internal labor costs at the Additional Services rate; reasonable attorneys’ fees; expenses; and arbitration and litigation costs incurred in investigating and defending such claim. External fees, costs, and expenses incurred under this clause will be reimbursed at the rate specified in the Proposal for external reimbursable expenses. 10.3 ERRORS OR OMISSIONS OF CLIENT’S CONSULTANTS. If Client has separately retained other design professionals Client agrees to the fullest extent permitted by law to defend, indemnify, and hold the Consultant harmless from all loss, damage, liability, cost or expense (including but not limited to reasonable attorneys' fees) arising out of or relating to (a) the negligent acts or omissions of such other design professionals, and/or (b) the failure of such other design professionals to carry or maintain professional liability insurance in an amount adequate to protect Client and Consultant from loss. City of Corcoran 2016 City Council Schedule Agenda Item 14. November 10, 2016 Councilmember LaFave unable to attend  Financial Performance Report  Waiver of Labiality Coverage – Statutory Tort Limits  City Administrator Performance Evaluation Process  Draft Assessment Policy November 15, 2016 Special Meeting to Canvass Election Results November 21, 2016 MONDAY  Planning Project Update  Code Compliance Report  Disseminate City Administrator Performance Evaluation  Ordinance Amendment for Single Family Design Standards (city file 16-024)  Schwalbe/Lennar PUD, Rezoning and Preliminary Plat (city file 16-026)  Fire Study RFP  CIP Update  Dynaforms – Police Department December 8, 2016  Financial Performance Report  Truth-in-Taxation Hearing  Closed Session - City Administrator Performance Evaluation  Employee Handbook Update December 19, 2016 MONDAY  Planning Project Update  Code Compliance Report  2016 Year in Review  2017 Fee Schedule  2017 General Fund Budget and Property Tax Levy  2017 Wage Schedule and Benefit Package for City Employees  2017 Water and Sanitary Sewer Budgets  2017 City Council Calendar