Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2016-11-21 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 November 21, 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 November 10, 2016 Council Meeting* b. Draft Minutes of the November 15, 2016 Council Meeting* c. Renumbering Resolution Ordering Abatement of Nuisances and Authorizing Abatement by the City on the Property at 20575 County Road 10* d. Bergen KDV Engagement Letter* 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. Capital Improvement Plan Update* 9. Planning Business a. Ordinance Amendment for Single Family Design Standards (City File 16-024)* b. Rezoning, Preliminary Plat and Preliminary PUD Development Plan for “Schwalbe” Subdivision as a Proposed Future Ravinia Phase (PID 36-119-23-14-0001) (City File 16- 026)* c. PUD Sketch Plan from James and Denise Nichols on property at 6315 County Road 101 (PID 36-119-23-11-0012) (City File 16-031)* d. Updated Development Rights Map* 10. Unfinished Business 11. New Business a. Fire Services Study* b. Dynaforms Module for LETG* c. Conditional Offer – Accountant* 12. Unscheduled Items 13. 2016 Council Schedule* 14. Council Liaison Calendar Planning Commission 12/1/16 1/5/17 2/2/17 3/2/17 4/6/17 Hank Thomas Bottema Dejewski LaFave Parks and Trails Commission 12/15/16 1/17/16 2/21/17 3/21/17 4/18/17 Cancelled Bottema Dejewski LaFave Keefe 15. Adjournment Monday, November 21, 2016 at 6:05:56 PM Central Standard Time Subject: RE: Lake Restoration Proposal Date: Wednesday, November 16, 2016 at 4:27:30 PM Central Standard Time From: Joseph Jablonski To: Jackie Hoglund, David Hinners CC: kguenthner @ci.corcoran.mn.us, rthomas @ci.corcoran.mn.us, Brad Martens, Tonya LaFave, mkeefe @ci.corcoran.mn.us, phank@ci.corcoran.mn.us, psajevic @iosgs.com Thank you for the additional information relating to your natural gas and phone. We will be sure to have them properly located. Relating to our efforts to purchase your property. As we often do, In 2013 Lennar was working with a Broker from MN Land Professionals who presented LOI's on behalf of Lennar. The offers were on Lennar letterhead but the legal entity was US Horne Corporation, the same entity that executes all of our legal documents including development contracts. They would not have been directly from Lennar Minnesota. I can understand the confusion. I am attaching them for your review. In June 2016 our land acquisition manager reached out to you about your interest in selling your property. The LOI produced out of that dialogue is attached as well. If you are an interested seller you are welcome to set up a time to meet with our acquisition group where they can go through the terms in more detail. Joe Jablonski Land Dev Area Mgr Lennar jge.jablonski@)Iennar.com www.lennar.com Office: 952- 249 -3014 Fax: 952 -249 -3075 16305 36th Avenue N. Ste 600 Plymouth, MN 55446 -4270 This e -mail is intended Only for the use of the person to whom it is addressed and contains information which may be confidential or privileged. If you are not the person to whom this e-mail is addressed, or an agent authorized by such person to receive this e-mail, you are hereby notified that any examination, copying, distribution or other unauthorized use of this e- mail is prohibited. If you received this e-mail in error, please notify me immediately at the e-mail address referenced above. Page 1 of 8 From: Jackie Hoglund [mailto:jacl<ieh30 @msn.com] Sent: Wednesday, November 16, 2016 8:15 AM To: Joseph Jablonski; David Hinners Cc: kguenthner @ci.corcoran.mn.us; rthomas @ci.corcoran.mn.us; Brad Martens; Tanya LaFave; mkeefe @ci.corcoran.mn.us; phank @ci.corcoran.mn.us; psajevic @losgs.com Subject: Re: Lake Restoration Proposal ** This email is from an external sender: jackieh30 @msn.com. Please forward suspicious emails to NotifySecurity @lennar.com ** ,Joe & David: One additional issue that we you have (and nobody has ever talked about) when you start cutting and grading near our property line ... is that there is a Centerpoint Energy gas line and phone line running up the property line and to our home. Please make sure that you take all safety measures into account... before you dig and /or cut off our gas coming into our home. Thank you! From: Jackie Hoglund <jackieh30@msn.com> Date: Tuesday, November 15, 2016 at 4:33 PM To: Joseph Jablonski <Joe.Jablonski @ Len nar.com >, David Hinners <David.Hinners @Lennar.com> Cc: "Kguenthner@ci.corcoran.mn.us" < kguenthner(@ci.corcoran.mn.us >, "rthomas(@ci.corcoran.mn.us" <i rthomas@ci.corcoran.mn.us >, Brad Martens <bmartens(@ci.corcoran.mn.us >, Tanya LaFave <tlafave ci.corcoran.mn.us >, "mkeefe(@ci.corcoran.mn.us" <mkeefe ci.corcoran.mn.us >, "phank ci.corcoran.mn.us" <phank ci.corcoran.mn.us >, <psajevic losgs.com> Subject: Re: Lake Restoration Proposal Joe & David: Classic developer response below! First, Len n ar Minnesota HAS NEVER MET WITH and /or provided us with ANY OFFER as you indicated below on May 2013 and or June 2016. Can you show the City of Corcoran any evidence that you /Lennar Minnesota even talked or had a meeting with the Hoglund's to discuss offers? The answer is NO. Can you show me or the City of Corcoran or me any evidence of a letter that you presented to us on May 2013 or June 2016? The answer is again NO. Why would you write this down Joe when you clearly have never presented us with any offer? You are clearly lying to frame up the other items you listed below. Lastly, WHAT DID YOU OFFER US because we are clearly interested in hearing your offer. I think we would remember if you offered us a LOI on our home of 17 years! You did go into our neighbor's homes and had discussions with them and even signed an offer Page 2 of 8 Clearly, you have made your decisions and that are going to cut down the trees this week....and you do not have the courtesy • meeting with the Hoglund I s face to face like normal business people. Any every time there was an issue this summer with trees, water damage .... you always slow walked the process and tied the issue in a bow with another decision/issue that was framed in your favor. I have anticipated this response from you Joe and David based on your previous communicatio with you both ... and your FALSE statements that your provided us with OFFERS. I f- ureg Hoglund 612-388-87S3 From: Joseph Jablonski <Joe.Jablonski @Lennar.com> Date: Tuesday, (November 15, 2016 at 4:27 PM To: Jackie Hoglund <jackieh30(@msn.com >, David Hinners <David.Hinners@ Len nar.com> Cc: "kguenthner(@ci.corcoran.mn.us" < kguenthner(@ci.corcoran.mn.us >, "rthomas @ci.corcoran.mn.us" <rthomas(@ci.corcoran.mn.us >, Brad Martens <bmartens(@ci.corcoran.mn.us >, Tonya LaFave <tlafave ci.corcoran.mn.us>, "mkeefe ci.corcoran.mn.us" <mkeefe ci.corcoran.mn.us>, "phank ci.corcoran.mn.us" < hank ci.corcoran.mn.us> Subject: RE: Lake Restoration Proposal Dear Greg and Jackie: The purpose of this response is twofold. First we would like to inform you that we are starting the utility and street work in Ravinia 5th Addition. we will be installing per our development contract with the City of Corcoran. This will result in the removal of trees that are near your property. Please remember these trees are on property owned by Lennar. we did not remove them originally at your request but we intend to do so now to complete our work. Second, I want to set a few things straight that seem to be misunderstood. Below are a number of items that you have referenced in previous correspondence that we feel have been misrepresented. 1. Lennar offered via email to work with you to assist in the removal of down tree limbs and branches following the August storms. Copies of the emails doing so can be provided. You did not respond to the offer and permission to enter your property was not granted so we did not proceed. 2. Lennar has provided you multiple offers in the form of Letters of Intent (LOI) to purchase your property dating back to May 2013, and again as recently as June 2016. Accusations that we have not reached out to you and that Lennar is attempting to back you into a corner are not warranted. If you would like to consider our offers a representative of Lennar would be happy to meet with you to review the acquisition of your homestead property and any other properties that you are interested in selling. 3. On 7/28/2016 the Corcoran City Council approved Ravinia 5th Addition final plat, plans, and Development Contract. It is fully in our right to proceed with improvements on our property including the removal of trees necessary for grading and the installation of streets and utilities to occur per the approved plans. 4. On 8/25/2016 Lennar provided you a `Street and Utility Agreement'. You have had multiple communications with Lennar representatives between the delivery of that agreement and now. You have not provided feedback or comments so we have concluded that you were not interested in that arrangement. Therefore, as stated above, we are proceeding with construction of Ravinia 5th Addition. 5. On 9/28/2016 Lennar offered via email to send over a landscape crew to clean up fallen debris from the storm as well as inspect and maintain any culverts that may have been blocked by fallen debris. A copy of the email is available. You did not respond to the offer and permission to enter your property was not granted so we did not proceed. 6. On 10/5/2016 you provided a proposal from Lake Restoration requesting Lennar consider implementing a maintenance plan for your pond. Lennar offered to pay the pond treatment invoice for 2016/2017 season. In return we request a release from any liability for the pond. Said Release is attached. Once we receive the Release, we will pay Lake Restoration directly. Page 4 of 8 Tree removal will begin once the screening fences we put up, per your request, are removed. This should occur later this week. At this time I see no reason to meet. Thank you for your time. Sincerely, Joe Jablonski Land Dev Area Mgr Lennar jge.jablonski@)Iennar.com www.lennar.com Office: 952 -249 -3014 Fax: 952 -249 -3075 16305 36th Avenue N. Ste 600 Plymouth, MN 55446 -4270 This e -mail is intended only for the use of the person to whom it is addressed and contains information which may be confidential or privileged. If you are not the person to whom this e -mail is addressed, or an agent authorized by such person to receive this e -mail, you are hereby notified that any examination, copying, distribution or other unauthorized use of this e- mail is prohibited. If you received this e -mail in error, please notify me immediately at the e-mail address referenced above. From: Jackie Hoglund [mailto :jackieh30@msn.com] Sent: Friday, November 11, 2016 5:48 PM To: David Hinners; Joseph Jablonski Cc: kguenthner(@ci.corcoran.mn.us; rthomas(@ci.corcoran.mn.us; Brad Martens; Tonya LaFave; mkeefe ci.corcoran.mn.us; phank@ci.corcoran.mn.us Subject: Re: Lake Restoration Proposal ** This email is from an external sender: jackieh30 @msn.com. Please forward suspicious emails to NotifySecurity@lennar.com ,Joe & David: I have not received any response to my email below dated October 17, 2016 as of today. Do you have any interest in a face -to -face meeting together to discuss our many issues? You were the ones that requested an email from me. I would appreciate the simple courtesy of a response to me and the City of Corcoran. I look forward to sitting down with you! Page 5 of 8 From: Jackie Hoglund <jackieh30(@msn.com> Date: Monday, October 17, 2016 at 10:27 AM To: <david.hinnersCa?Lennar.com >, Joseph Jablonski <Joe.Jablonski@ Len nar.com> Cc: "kguenthner(@ci.corcoran.mn.us" < kguenthner (a@ci.corcoran.mn.us >, "rthornas @ci.corcoran.mn.us" <rthomas@ci.corcoran.mn.us >, Brad Martens <bmartens(@ci.corcoran.rnn.us >, Tonya LaFave <tlafave @ci.corcoran.rnn.us >, "rnkeefe ci.corcoran.mn.us" <mkeefe ci.corcoran.mn.us >, "phank ci.corcoran.mn.us" < phank ci.corcoran.mn.us> Subject: FW: Lake Restoration Proposal David &Joe: I wanted to respond to your email to me on October 13, 2016. We are now approaching almost one month ago that the September 22, 2016 storm that your development work deposited significant soil erosion /mud /rocks /straw /bottles covering over a 3 acre in our yard. We are also now over two months past the August 10, 2016 storm that also deposited significant soil erosion /mud into our pond as a result of your development efforts and lack of erosion controls—that turned our pond into a chocolate color. We are also over three months past the storm that dropped significant trees from your property onto our driveway and property lines—of which I got limited /delayed response from Lennar and I spent over $ 3,000 for tree workers to clear my driveway so my family could drive out of my driveway. Since I did not hear from Lennar on any specific solutions on how to restore the water clarity of our pond after both the August 1 0th and September 23, 2016 storms, I personally reached out to Lake Restoration to get the proposal described as the "Ultra Extended Total Care Option." I also have cleaned up all the straw /bottles /rocks /mud piles that flowed into our yard as a direct result of your development efforts. As been the pattern from Lennar Minnesota, you continue to slow walk any neighbor issue that you are responsible for ... and could easily just reach out to us and take responsibility /accountability with minimal costs. These are not difficult issues to respond to in a timely /friendly /customer responsive attitude. I just wonder if I had aggressively pushed and not forwarded the Lake Restoration proposal to you .... if I would have received any response from Le n n ar. Your offer to accept to pay the sum of $ 2,322.00 for the six treatments for the 2017 does not include paying for the first treatment here in 2016. Was this missed by Lennar? I also will not accept the offer of "neighborly goodwill" or "close the chapter on your pond concern" until our pond is completely restored With water clarity the way it was for the past 17 years living here.... prior to Lennar becoming our neighbor /causing this issue directly. Lennar will need to work with Lake Restoration to completely restore the water clarity of our pond until the water clarity is back to normal. Then we will close the book on this issue. If this takes more than 7 treatments or even another year....Lennar should /will be accountable the damage they have done. accountability Page 6 of 8 I also reserve the right to install a large fence on my property in the location, style and color of my choosing. We have suffered listening /living next to over 3, 500 heavy construction vehicles moving over 200,000 square feet of dirt from one side of Phase Five to Phase Six this entire summer. We have suffered from many storms that caused your trees to fall on our driveway /property and two significant storms which deposited significant soil erosion /mud into our yard. Lennar Minnesota has hardly been neighborly and taking any direct responsibility /accountability to date to all the damage you have caused. It also contradicts all the public statements that Ron Thomas has stated at City of Corcoran Council meetings that "Lennar has been a good neighbor." We deserve to be treated fairly and professionally. I would highly suggest scheduling a face -to -face meeting together at an off -site meeting location to review the above issues and clearly decide where we both want to go forward together. I do not want a meeting standing in the mud at our property lines or pushing emails back and forth. Many of these issues are non - significant for a multi- million dollar company and could have been handled extremely more professionally and quickly from your side. I am tired of this game. You decide where you want to take things from here. I look forward to hearing your response. From: David Hinners <David.HinnersC&Lennar.com> Date: October 13, 2016 at 4:30:5S PM CDT To: "Hoglund, Greg" <Greg.HoglundC&biworldwide.com> Cc: ,Joseph Jablonski <Joe.Jablonski@Lennar.com >, "Brad Martens (bmartens@ci. corcoran. m n. use" <bmartens@ci. corcoran. m n. us> Subject: Lake Restoration Proposal Hi Jackie and Greg- We have reviewed the, Lake Restoration proposal you sent us for the 2017 season and agree to pay the sum of $2,322.00 for six (6) 2017 treatments as described in the "Ultra Extended Total Care Option ", which includes the Alum treatment. Lennar will pre -pay Lake Restoration directly for the 2017 treatments. It will be up to you to schedule the treatments. The historic storm exceeded our planned and implemented storm water control measures. Lennar has agreed to this as an offer of neighborly goodwill which is not intended to be an acceptance of responsibility for the unprecedented storm of September 21 -22, 2016. Your acceptance of this arrangement is acknowledgement that this will close the chapter on your pond concern. We had previously sent you a "Street and Utility Agreement" on August 25, 2016, per your request, wherein you would be responsible for extending the street and utilities along the future street named "Goldenrod Trail" in exchange for not removing the subject trees. We never heard from you so we assume you are not interested in that. Therefore, we are proceeding with the installation of utilities per our approved Ravinia 5th Addition plans. Page 8 of 8 Installation of the sanitary and water main will necessitate the removal of the trees, per the approved plans, that we have previously not removed per your demands to the City. Should you want to install a fence on your property, to protect your privacy, we again offer to put you in contact with our preferred fence installer. As a reminder, we reserve the right to construct a fence within our property, in the location and style of our choosing, or that of our future customers. We hope this addresses your concern by demonstrating Lennar`s willingness to be a good neighbor. Please let me know if you have any questions. David Hinners Land Development Manager 16305 36th Avenue N., Suite 600 Plymouth, MN 55446 david.hinnersl@lennar.com 952 - 255 -9624 (mobile) This e -mail message is being sent solely for use by the intended recipient {s} and may contain confidential information. Any unauthorized review, use, disclosure or distribution is prohibited. if you are not the intended recipient, please contact the sender by phone or reply by e -mail, delete the original message and destroy all copies. Thank you. Page 9 of 8 LENNAIT June 22, 2016 Greg and Jackie Hoglund 19220 Hackamore Road Hamel, N1N 55340 This letter will serve as a proposal of terms for the purchase of three *individual propel-ties along the north side of Hackamore Road and west of County Road 10 1 in Corcoran, Hennepin County, -"l Minnesota. r 1he following are terms and conditions which U.S. Home Corporation would be willing to incorporate into an Option Agreement for the property-. SELLS SEE OWNER.- Parcel 1 - Greg and Jackie Hoglund Parcel 2 - HC Anderson LLC Parcel 3 — JTC LL C Et Al BUYER.- U.S. Home Corporation SIZE/LOCATION: Parcel I — approximately 6.84 acres Parcel 2 — approximately 6. 85 acres Parcel 3 — approximately 5.20 acres In total approximately 18.89 acres west of County Roa 101 and north of Hackamore Road in Corcoran a shown on Exhibit A (the "Property"'). I LEGAL DESCRIPTION.- As set forth on Exhibit B. 0. PURCHASE PRICE.- The purchase price tor the Property is as follows-, Parcel 1 - $82500 Parcel 2 - $715)000 Parcel 3 - $52000 Total Purchase Price - $2,115,000 SCHEDULE TO PURCHASE: Parcel 1— Close on or before August 1, 2019 Parcel 2 - Close on or before August 1, 2019 Parcel 3 — Close on or before August 1, 2018 1.6305 36th Avenue North a Suite 600 e Plymouth, MN 55446 e Phone: 952-249-3000e Fax- 952-249-3075 L1EMF##JAR.C:C3M LENNAIZ 16305 36th Avenue North a Suite 600 -D Plymouth, MN 55446,b Phone: 959-249-3000* Fax: 95-2-249-3075 LIE-IMIMARoCOM LENNAR' REPRESENTATIONS AND WARRANTIES: In the Option Agreement, Seller will make customary representations and warranties to Purchaser and shall be liable to Purchaser for any breach thereof REMAIN AFTER CLOSING: Seller may remain in the home for 3 0 days after closing. Prior to expiration of the 30 days, seller shall remove from Property all personal property. Any remaining items after 30 days will be considered abandoned and Buyer may dispose of as Buyer chooses. TITLE INSURANCE: Seller shall obtain and pay for a commitment of title insurance fro m North American Title Insurance Company in the amount of the Purchase Price, with all standard policy exceptions deleted. The title policy premium will be paid by Purchaser. j-630S 361h Avenue North a Suite boo a Plymouth, MN 55446 e Phone: 952-249-3000,* Fax: 952-249-3075 LEP4WAR.COM LEN, NAIZ Seller shall be responsible for removiMy, from the re property records and satisfyig prior to the Closing 0 liens, judgments, encumbrances, purchase options other rights of third parties of any kind. I BROKERAGE: Seller shall be responsible for all compensation payable to its brokers. Purchaser discloses that several of Purchaser's officers and employees are licensed real estate brokers or salespersons. 61h Avenue North * Suite 6•o e Plymouth, MN 55446 a Phone: 952-249-3000o Fax: 9S2-249-3075 LENNAIT If accepted, Seller agrees to negotiate with the Buyer for 30 days following execution of this Letter of Intent in preparing and executing an Option Agreement containing the terms set forth in the Letter of Intent. If the parties have not executed an Option Agreement by said date, and have not mutually extended the execution date, then this Letter of Intent terminates. Please acknowledge your acceptance of this Letter of Intent by returning one copy of this letter L -LO my attention. executed by all parties having a legal interest in the property. Jonathan A. Aune, Vice President NIN Land Division 1630S 36th Avenue North e Suite 600 e Plymouth, MN 5S446 - Phone: 952-249-3000lo Fax: qf�2-249-3075 LEIMIMAR-COM LENNAIT 16305 361' Avenue North a Suite boo a Plymouth, MN 55446 a Phone: 952-249-30oo-, Fax: 952-249-3075 LIEP4NIAR.COM illlf-10 V.11 IM, MEN LENNAIT 1630S 36th Avenue North a Suite 600s Plymouth, MN S5446 a Phone: 9S2-249-300oo Fax: 952-249-3075 LEIMIMAR.COM I "I NDIRWIMMOMI LENNAIZ 16pS 36 IhAvenue North a Suite 600 * Plymouth, MN SS446 a Phone: 952-249-3000o Fax: 9S2-249-3075 LEMF*4ARw,C:OM LENNAIT -1630536'hAvenue North * Suite 600 e Plymouth, MN 55446 a Phone: 9S2-249-3000a Fax: 952-249-3075 LIEWP4AF-I.COM LENNAIZ 16pS 361' Avenue North e Suite boo a Plymouth, MN 55446 s Phone: 9S2-249-30000 Fax: 952-249-3075 LIEWMAR.COM LENNAR-'��' 16305 361' Avenue North -9 Suite boo -, Plymouth, MN 5S446 a Phone: 952-249-30000 Fax: 952-249-3075 LEIMMAR,COM LENNAR 10,16 11=11111ply PARCEL I - 3611923440009 APPROXIMATELY 6.84 ACRES PARCEL 2 - 3611923440014 APPROXIMATELY 6.85 ACRES PARCEL 3 - 3611923440008 APPROXIMATELY 5.20 ACRES TOTAL ACRES - APPROXIMATELY 18.89 16305 36th Avenue North e Suite 600 a Plymouth, MN 55446 -D Phone: 952--249-3000a Fax: 952-249-3075 LIEINJIMAR.COM LENN-AIT June 28, 2013 Greg ® JacIde Hoglund 19220 Haelcamore Road Hamel, MN 55340 This letter will serve as a proposal of terms for the purchase of property along the north side of Hackamore Road and approximately one quarter mile west of County Road 101 in Corcoran, t" rT- 11 Hennepin County,, Minnesota. I N he following are terms and conditions which U.S. Home Corporation would be willi'my, to incorporate into an Option Agreement for the property.- I 6_011 111 1 SIZE/LOCATION.- Approximately 6.84 acres west of County Road 10 1 and north of ac care Road in Corcoran as shown on Exhibit A (the "Property"). LEGAL DESCRIPTION: As set forth on Exhibit B. PURCHASE PRICE: The purchase price would be $950,000 for the Property. NMI Ml- ME i.6_3oS 361h Avenue Northe Suite 600e Plymouth, MN 55446 * Phone: 952-249-3000s Fax: 952-249-3075 LEF141MAR.COM LENNAIZ and shall be applied to the purchase price paid at closing. 163o5 361' Avenue North a Suite 600 e Plymouth, MN 55446 a Phone: 952-249-3000s Fax: 9521-249-3075 LIEIMMAR-=C:OM LENNAIT REPRESENTATIONS AND WARRANTIES: In the Option Agreement, Seller Will make customary representations and warranties to Purchaser and shall be liable to Purchaser for any breach thereof. CLOSING: Closing shall occur within five (5) days of March 1, 20160, REMAIN AFTER CLOSING: Seller may remain in the home for 45 days after closing. Prior to expiration of the 45 days, seller shall remove from Property all personal property. Any remaining items after 45 days Will be considered abandoned and Buyer may dispose of as Buyer chooses. TITLE INSURANCE: Seller shall obtain and pay for a commitment of title insurance from North American Title Insurance Company in the amount of the Purchase Price, with all standard policy exceptions deleted. The title policy premium will be paid by Purchaser. Seller shall be responsible for removing from the real [�roperty records and satisf�ing prior to the Closing any liens, judgments,,, encumbrances, purchase options and other rights of third pal-ties of any kind. -16pS 3611 Avenue North a Suite 600 a Plymouth, MN 55446 e Phone: 952-249-30ooe Fax- 952-249-307S LEWFMAR.COM LENNAR BROKERAGE: Seller shall be responsible for all compensation payable to its brokers. Purchaser discloses that several of Purchaser's officers and employees are licensed real estate brokers or salespersons. If accepted, Seller agrees to negotiate with the Buyer for 30 days following execution of this , 0 Letter of Intent in pre pa and executing an Option Agreement containing the terms se ring t forth 'in It -1 the Letter of Intent. If the parties have not executed an Option Agreement by said date, anct nave caot mutually extended the execution date, then this Letter of Intent terminates. Please acknowledge your acceptance of this Letter of Intent by returning one copy of this letter to my attention, executed by all parties having a legal interest in the property. 16305 36th Avenue North - Suite 600 a Plymouth, MN 55446 e Phone: 952-249-3000,, Fax: 952-249-3075 LEWIMAR,COM LENNAIZ 1010 Jonathan A. Aune, Vice President MN Land Division 16305 36th Avenue North e Suite 600 e Plymouth, MN SS446 a Phone: 9S2-249-3000,, Fax: 9S2-249-307S LF=h,IIMAR.C:OM LENNAIT 106141,621 16305 36 Ih Avenue North a Suite boo a Plymouth, MN 55446 a Phone: 952-249-30000 Fax: 95-2-249-3075 LIEPJMAR,C:OM LENNAR WHIMI �� 16305 361h Avenue North Suite Foos Plymouth, MN 55446 -s Phone: 952-249-3000c Fax: 952-249-3075 LEIMF**JARwC:OM LENNAIT Greg and Jackie Hoglund 19220 Hackaniore Road Hamel., NIN 55340 This letter will serve as a proposal of terms for the purchase of property along the north side of Hackamore Road and approximately one quarter mile west of County Road 101 'in Corcoran, Hei-mepin County, Minesota. The following are terms and conditions which U.S. Home Corporation would be willing to incorporate into an Option Agreement for the property: Greg and Jackie HogjM M10= SIZE/LOCATION: Approximately 6.84 acres west of County Road 101 and north of Hack amore Road in Corcoran as shown on Exhibit A (the "Property"). M=_XM PURCHASE PRICE: The purchase price would be $1,000,000 for the Property. 16305 36th Avenue North ej Suite boo Plymouth, MN 55446 e Phone: 957--249-3000* Fax: 952-249-3075 L E eM eMAra X: 0, M LENNAIZ and shall be applied to the purchase price paid at closing. 16305 36th Avenue North a Suite boo e Plymouth, MN 55446 a Phone: 952-249-300oo Fax: 952-249-3075 LIEWMAR.COM LENNAIT REPRESENTATIONS AND WARRANTIES: In the Option Agreement, Seller will make customary representations and warranties to Purchaser and shall be liable to Purchaser for any breach thereof. CLOSING: Closing shall occur within five (5) days of March 1, 20160 REMAIN AFTER CLOSING: Seller may remain in the home for 45 days after a closing. Prior to expiration of the 45 days, seller shall remove from Property all personal property. Any remaining items after 45 days will be considered r, abandoned and Buyer may dispose ot as Buyer chooses. TITLE INSURANCE.- Seller shall obtain and pay for a commitment of title insurance from North American Title Insurance Company in the amount of the Purchase Price, with all standard policy exceptions deleted. The title policy premium will be paid by Purchaser. Seller shall be responsible for removing from the real property records and satisfying prior to the Closing any hens,, judgments, encumbrances., purchase options anu other rights of third parties of any kind. 16305 361h Avenue North Suite boo a Plymouth, MN 55446 9 Phone: 952--249-3000* Fax: 952-249-3075 L1E1*JWAR,,C0M LEN-NAIT BROKERAGE: Seller shall be responsible for all compensation payable to its brokers. Purchaser discloses that several of Purchaser's officers and employees are licensed real estate brokers or salespersons. If accepted, Seller agrees to negotiate with the Buyer for 30 days following execution of this 4 Letter of Intent in preparing and executing an Option Agreement containing the terms set forth 'in the Letter of Intent. If the parties have not executed an Option Agreement by said date, and have not mutually extended the execution date, then this Letter of Intent terminates. Please acknowledge your acceptance of this Letter of Intent by returning one copy of this letter to my attention executed by all parties haviM4 a legal interest in the property. 163OS 36th Avenue North -a Suite boo a Plymouth, MN 55446 o Phone: 9S2-249-3000a Fax: 952-249-3075 LEF*JMAR,,CC3M LENNAIT Jonathan A. Aune, Vice President MN Land Division 1630S36,hAvenue North 9 Suite 600 v Plymouth, MN 55446 a Phone: 952-249-30000 Fax: 952-249-3075 LEIMIMAR.COM LENN, AR I -a' 914 60 1 1630S • North c, Suite 600s Plymouth, MN 55446 a, Phone: 959-249-3000e Fax: 9S2--;49-307S LEhIWAR.COM LENNAIT ffll�M MWIM�11 16305 361h Avenue North a Suite boo ,9 Plymouth, MN 55446 9 Phone: 952-249-3000e Fax: 952-249-3075 LEIMM, AR=C:OM CITY OF CORCORAN City Council Meeting Minutes November 10, 2016 - 7:00pm The Corcoran City Council met on November 10, 2016 at City Hall in Corcoran, Minnesota. Present were Mayor Guenthner, Councilor Hank, Councilor Keefe, and Councilor Thomas. Excused was Councilor LaFave Also present were City Administrator Martens, Director of Public Safety Gottschalk, and City Clerk/Administrative Services Coordinator Beise. 1. Call to Order / Roll Call Mayor Guenthner called the meeting to order at 7:00 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 Theism and Parks and Trails Commissioner Strehler for their attendance. City Administrator Martens noted the addition of Item 11b. Predatory Offender Ordinance. MOTION: made by Keefe, seconded by Hank to approve the agenda as amended. Voting Aye: Guenthner, Hank, Keefe, and Thomas (Motion carried 4:0) 4. Open Forum No persons were present at Open Forum. 5. Presentations No presentations were heard. 6. Consent Agenda a. Draft Minutes of the October 27, 2016 Council Meeting b. Waiver of Liability Coverage – Statutory Tort Limits MOTION: made by Hank, seconded by Thomas to approve the consent agenda. Voting Aye: Guenthner, Hank, Keefe, and Thomas (Motion carried 4:0) 7. Claims as Presented a. Escrow Claims (Fund #500) MOTION: made by Thomas, seconded by Keefe to approve the escrow claims as presented. Voting Aye: Guenthner, Hank, Keefe, and Thomas (Motion carried 4:0) b. All Other Financial Claims MOTION: made by Keefe, seconded by Hank to approve all other claims as presented. Voting Aye: Guenthner, Hank, Keefe, and Thomas (Motion carried 4:0) 8. Staff Reports / Memos/Commissions a. Commission Representatives; report received. b. 2017 Proposed Tax Rate City Administrator Martens presented the report noting the lower proposed tax rate, the project difference in taxes per month over last year and that Hennepin County’s tax rate decreased which had a positive impact on the City’s tax rate. Council asked about the County’s decrease and City Administrator Martens noted that the County had an increase in tax capacity which allowed for the overall tax rate to be lowered. 9. Planning Business No planning business was presented. 10. Unfinished Business a. Draft Assessment Policy City Administrator Martens presented the report which included proposed language based on previous discussions for utilities, streets, building rights, driveway approaches, median benefit discussion, petitions for improvements, and a super majority to approve a project. Council discussed if a super majority requirements and public input process. Council discussed numbering pages, providing additional examples, and expanding some definitions. Council discussed roads that have not received a mill and overlay and if they should be assessed, sliding scales for the percentage of mill and overlays to be assessed, culvert installation and driveway approaches. Council discussed building rights, improved streets versus gravel streets in undeveloped properties, the petition process, a petition template, deferment, the required number of petitioners, unused development rights. Per consensus, Council directed staff to bring the draft assessment policy forward at a future date. 11. New Business a. City Administrator Performance Evaluation Distribution Mayor Guenthner noted that the performance evaluation materials for the City Administrator were being distributed noting the performance evaluation form is a standard evaluation form. Evaluation materials must be turned in the City Clerk/Administrative Services Coordinator to tally the results. b. Predatory Offender Ordinance City Administrator Martens presented the report, noting neighbor cities looking at these type of ordinances. Mayor Guenthner noted the timeline is expedited related to events in neighboring cities. Mayor Guenthner called for a public hearing on December 8, 2016. 12. 2016 Council Schedule City Administrator Martens reviewed the upcoming Council schedule. 13. Council Liaison Calendar Councilor Hank noted he would be available to serve as the Council Liaison for the December 1st Planning Commission. Mayor Guenthner thanked those candidates who ran for office and congratulated those who won. 14. Adjournment MOTION: made by Thomas, seconded by Hank to adjourn. Voting Aye: Guenthner, Hank, Keefe, and Thomas (Motion carried 4:0) Meeting adjourned at 8:02pm. ________________________________ Jessica Beise – City Clerk/Administrative Services Coordinator CITY OF CORCORAN City Council Special Meeting Minutes November 15, 2016 – 6:45pm The Corcoran City Council met on November 15, 2016, at City Hall in Corcoran, Minnesota. Present were Mayor Guenthner, Councilor Hank, and Councilor Keefe. Councilors LaFave and Thomas were excused. 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 6:45pm. 2. Pledge of Allegiance Council dispensed with the Pledge of Allegiance. 3. Agenda Approval MOTION: made by Keefe, seconded by Hank to amend the agenda to only consist of item 5a. Voting Aye: Guenthner, Hank, and Keefe (Motion carried 3:0) 5. New Business a. Canvass the Results of the 2016 Municipal Election MOTION: made by Hank, seconded by Keefe to adopt Resolution 2016-86 Canvassing the November 8th, 2016 Municipal Election Returns and Declaring Results. Voting Aye: Guenthner, Hank, and Keefe (Motion carried 3:0) 8. Adjournment MOTION: made by Keefe, seconded by Hank to adjourn. Voting Aye: Guenthner, Hank, and Keefe (Motion carried 3:0) Meeting adjourned at 6:46pm. ________________________________ Jessica Beise – City Clerk/Administrative Services Coordinator STAFF REPORT Agenda Item 6c. Council Meeting: November 21, 2016 Prepared By: Jessica Beise Topic: Renumbering Resolution Ordering Abatement of Nuisances and Authorizing Abatement by the City on the Property at 20575 County Road 10 Action Required: Approval Summary: On October 27, 2016 the City Council, approved Resolution 2016-84 Ordering Abatement of Nuisances and Authorizing Abatement by the City on the Property at 20575 County Road 10. Due to a numbering error, staff is recommending a formal renumbering of the Resolution Ordering Abatement of Nuisances and Authorizing Abatement by the City on the Property at 20575 County Road 10 as resolution 2016-85. Financial/Budget: N/A Alignment with Values: This item relates to the following adopted values: EXCELLENCE AND QUALITY IN THE DELIVERY OF SERVICES We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional, cost-effective, and friendly manner. 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. Options: 1. Approve a motion to formally renumber the Resolution Honoring Outgoing Commissioner Kevin Dale. Council Action: Approve a motion to formally renumber the Resolution Ordering Abatement of Nuisances and Authorizing Abatement by the City on the Property at 20575 County Road 10. Attachments: 1. Resolution 2016-85 Ordering Abatement of Nuisances and Authorizing Abatement by the City on the Property at 20575 County Road 10 City of Corcoran October 27, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-85 Page 1 of 2 Motion By: Keefe Seconded By: Hank 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. 2016-85 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 November 30, 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/Administrative Services Coordinator November 16, 2016 Mayor and City Council City of Corcoran 8200 County Road 116 Corcoran, MN 55340 The City of Corcoran has previously contracted for various hours of accounting and consulting services with BerganKDV. The purpose of this letter is to revise the engagement for ongoing services. We are proposing one or more of (but not limited to) the following consulting services: A.Assistance with preparation of 2016 audit working papers for the City’s independent auditors – as requested B.Ongoing 2016-2017 accounting, finance, training, and consulting services – as requested You agree that it is appropriate to limit the liability of BerganKDV, Ltd. its shareholders, directors, officers, employees and agents and that this limitation of remedies provision is governed by the laws of Minnesota, without giving effect to choice of law principles. You further agree that you will not hold us liable for any claim, cost or damage, whether based on warranty, tort, contract or other law, arising from or related to this agreement, the services provided under this agreement, the work product, or for any plans, actions or results of this engagement, except to the extent authorized by this agreement. In no event shall we be liable to you for any indirect, special, incidental, consequential, punitive or exemplary damages, or for loss of profits or loss of goodwill, costs or attorney’s fees. The exclusive remedy available to you shall be the right to pursue claims for actual damages that are directly caused by acts or omissions that are breaches by us of our duties under this agreement. The City of Corcoran agrees to perform the following functions in connection with this engagement: Make all management decisions and perform all management functions Designate a competent individual to oversee the services 6d. Evaluate the adequacy and results of the services performed Accept responsibility for the results of the services Establish and maintain internal controls, including monitoring ongoing activities Our charges for services, including travel and out-of-pocket expenses, will be billed as the work progresses on a monthly basis. Payments for our services are due upon receipt of our billing. These services will be billed at the rate of $150 per hour. When, and if, our hours or billings approach estimated amounts, we will discuss the progress of the above consulting services with you. We will also provide the City with progress reports on objectives accomplished on an “as requested” basis. Should our relationship terminate before our engagement is completed, you will be billed for services to the date of termination. All bills are payable upon receipt. A service charge of 1% per month, which is an annual rate of 12%, will be added to all accounts unpaid 30 days after billing date. If collection action is necessary, expenses and reasonable attorney’s fees will be added to the amount due. Any disputes between us that arise under this agreement, or for a breach of this agreement, or that arise out of any other services performed by us for you, must be submitted to non - binding mediation before either of us can start a lawsuit against the other. To conduct mediation, each of us shall designate a representative with authority to fully resolve any and all disputes, and those representatives shall meet and attempt to negotiate a resolution of the dispute. If that effort fails, then a competent and impartial third party acceptable to each side shall be appointed to hold and conduct a non-binding mediation proceeding. You and we will equally share in the expenses of the mediator and each of us will pay for our o wn attorneys’ fees, if any. No lawsuit or legal process shall be commenced until at least sixty (60) days after the mediator’s first meeting with the parties. The nature of our engagement makes it inherently difficult, with the passage of time, to present evidence in a lawsuit that fully and fairly establishes the facts underlying any dispute that may arise between us. We both agree that notwithstanding any statute of limitation that might otherwise apply to a claim or dispute, including one arising out of this agreement or the services performed under this agreement, or for breach of contract, fraud or misrepresentation, a lawsuit must be commenced within twenty-four (24) months after the date of our report. This twenty-four (24) month period applies and starts to run on the date of each report, even if we continue to perform services in later periods and even if you or we have not become aware of the existence of a claim or the basis for a possible claim. In the event that a claim or dispute is not asserted at least sixty (60) days before the expiration of this twenty-four (24) month period, then the period of limitation shall be extended by sixty (60) days, to allow the parties to conduct non-binding mediation. We appreciate the opportunity to be of service to the City of Corcoran and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. At any time, please feel free to contact Matt Mayer at 952-563-6873 or Joe Rigdon at 952-563-6868. Sincerely, Matthew Mayer Certified Public Accountant Joe Rigdon Certified Public Accountant RESPONSE: This letter correctly sets forth the understanding of the City of Corcoran, Minnesota. By: Title: Date: RESPONSE: This letter correctly sets forth the understanding of the City of Corcoran, Minnesota. By: Title: Date: Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC. 1 MEMORANDUM 105 South Fifth Street, Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 Fax: 612-252-9077 www.landform.net DATE November 14, 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. The Planning Commission held a public hearing at the November 3rd meeting and the City Council will review at their November 21st meeting. 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.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 Planning Commission held a public hearing at the November 3rd meeting and Council action is expected on November 21st. 5.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. 6.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. The item has been scheduled for a public hearing at the December 1st Planning Commission and action at the December 19th City Council meeting. 7.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. This item is scheduled for review at the November 21st City Council meeting. Agenda Item ____ 8a. MEMORANDUM 2 8. Interim Use Permit for a solar farm at 23710 State Highway 55. (PID 31-119-23-32-0001) (City File 16-032). The City recently amended the Zoning Ordinance to allow solar farms in certain districts. The landowners have requested approval for this site. The item has been scheduled for a public hearing at the December 1st Planning Commission and action at the December 19th City Council 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 private 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. 9. 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. MEMORANDUM 3 10. 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. 11. 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 the work has been completed. STAFF REPORT / Code Compliance Agenda Item: 8 b. Council Meeting: November 21, 2016 Prepared By: Mike Pritchard Topic: CODE COMPLIANCE REPORT – October 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. Council passed an Abatement Order via Resolution 2016-84. 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 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 8 3 2 0 1 2 0 4 0 11 52 0 2 2 Complaints and Concerns Permits and Zoning STAFF REPORT Agenda Item 8c. Council Meeting: November 21, 2016 Prepared By: Brad Martens Topic: Commission Representatives Action Required: None – Informational Summary: The advisory commission representatives for the November 21st Council meeting are as follows: • Planning Commission: Alan Schultz • Parks and Trails Commission: Chad Robran 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 8d. Council Meeting: November 21, 2016 Prepared By: Brad Martens Topic: Capital Improvement Plan Update Action Required: None – Informational Summary: At the February 25th Council meeting the 2016-2017 Capital Improvement Plan (CIP) was approved and staff were authorized to proceed with 2016 purchases. Below is an updated table showing the actual costs of 2016 expenditures; the data show that final purchase costs after re-sale of certain items was $19,271 less than anticipated. Department Item Cost Re-sale Total Proposed Final Cost Final Re-sale Final Total Notes Administration Video Recording Equipment $14,000 $0 $14,000 $11,484 $0 $11,484 New equipment Police Squad - SUV Ford Explorer $42,000 $3,000 $39,000 $41,813 $2,710 $39,103 Squad - SUV Ford Explorer $42,000 $8,000 $34,000 $41,813 $10,010 $31,803 Support/protection equipment $7,500 $0 $7,500 $7,692 $0 $7,692 Public Works Tandem Axle Dump Truck $247,518 $57,000 $190,518 $237,516 $57,000 $180,516 Ordered in 2015 Snowblower $33,300 $0 $33,300 $31,800 $0 $31,800 New equipment Generator $59,400 $0 $59,400 $58,649 $0 $58,649 New equipment Harley Rake Attachment $8,500 $0 $8,500 $7,900 $0 $7,900 Old equipment used for parts Contingency $2,000 Sub-total $388,218 $368,947 2016 2016 - 2017 Capital Improvement Plan Expenditures Financial/Budget: Remaining funds will remain in the capital improvement plan fund and be utilized to offset future expenditures. 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: N/A Recommendation N/A Council Action: N/A Attachments: None 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 Fax: 612-252-9077 www.landform.net Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC. TO: Corcoran City Council FROM: Kathleen Hammer through Kendra Lindahl, Landform D ATE: November 15, 2016 for the November 21, 2016 City Council Meeting RE: City-Initiated Zoning Ordinance Amendment to the Residential Design Standards (city file no. 16-024) 60-DAY REVIEW DEADLINE: N/A 1.Application Request The City Council directed staff to draft an ordinance amendment to the residential design standards. Specifically, the Council directed staff to make changes to allow the use of vinyl siding on the front façade and clarify the material standards to ensure high-quality front elevations on new homes. 2.Planning Commission Review The Planning Commission held a public hearing at their November 3rd meeting. There was no one present to speak during the public hearing. However, during the Commission’s discussions after closing the public hearing, the Commissioners did allow comments from Paul Tabone of Lennar who was in the audience. The Planning Commission voted to recommend approval (4-1, Wu voting nay) the ordinance as written with minor amendments and to direct staff to provide an alternative option that is less restrictive for Council consideration. The Planning Commission voted to provide two alternatives to the City Council: 1)The first alternative, as presented to the Planning Commission as amended, which requires the use of three materials and/or styles on each elevation facing a street or park when vinyl is used, with a maximum of 75% of one type of exterior finish. 2)The second alternative is less restrictive and only requires the use of two materials on other elevations that abut a public street or park, as depicted in Figure 1.1. The frontage with the main entrance would still be required to provide three materials and/or styles, if vinyl is used. Figure 1.1 Description of front elevation and frontages facing a public street or park. Agenda Item 9a. Residential Design Standards Ordinance Amendment (city file 16-024) 2 November 21, 2016 The Planning Commission supported vinyl siding as an acceptable exterior material for residential structures but did not want to allow vinyl lap siding as the only material used. The Planning Commission supported a variety of styles and types of materials used on the front that includes the main entrance to the home but did not necessarily agree frontages that abut parks or public streets be required to provide three materials and/or styles (when vinyl is used). Another item of concern at the Planning Commission meeting is the requirement that a maximum of 75% of one type of exterior material be used on all elevations facing a street or park. The Planning Commission voiced concerns about including a numerical measurement within the code requirements. Staff responded indicating the importance of having a measurable characteristic within the code to alleviate discretion during the review process and ensure the intentions of the code are met. The draft language includes a requirement that the use of one material be limited to 75% on any elevation facing a public street or park. Staff determined 75% as the limiting number based on review of other city’s residential design standards. Some of the City Codes reviewed choose to restrict the amount of a single material used by providing a minimum of 20% of each material used. Staff felt a minimum requirement would be more restrictive than a maximum requirement. Staff stressed the importance of including a number to provide a measurable characteristics to help ease the review process and to help developers understand City expectations. 3. Background As part of their original Ravinia PUD approvals, Lennar noted that “LP SmartSide or similar product should be used on all four sides of a home for durability.” On January 8, 2015, the City Council approved a PUD amendment request from Lennar to allow the use of vinyl siding on the homes. During the PUD amendment process, it was noted that vinyl siding is an allowed material in the City, but that the amendment was required because the Lennar PUD application stated that all elevations would have LP siding and they were now requesting a change. The Council did not specifically approve a change from the front building elevation requirements that “Each elevation facing a street or park shall have a minimum of 50% comprised on natural material consisting of brick, stone, stucco, hardi-board, redwood, cedar or other similar materials. A minimum of two different materials is required, except that brick may be used on the entire elevation.” When the Ravinia 5th and 6th Addition application was submitted, Lennar also requested clarification of the 2015 amendment to allow vinyl on the front elevation. The City approved the following standard for that project: 11. The approved PUD standards are hereby modified to specifically allow flexibility from the Zoning Ordinance requirement that “Each elevation facing a street or park shall have a minimum of 50% comprised on natural material consisting of brick, stone, stucco, hardi- board, redwood, cedar or other similar materials. A minimum of two different materials is required, except that brick may be used on the entire elevation.” a. Homes shall be allowed to have vinyl siding on the front elevation. b. The front elevation shall have a minimum of two different materials, which may include vinyl and stone/brick. Residential Design Standards Ordinance Amendment (city file 16-024) 3 November 21, 2016 c. A variety of vinyl siding styles are encouraged on all elevations (lap siding, board and batten, shake, etc.). At its July 7th meeting, the City Council authorized staff to conduct a review of the zoning ordinance and update the language to allow vinyl and other manufactured materials on the front of homes and update the language to better reflect the intent of the ordinance to require a higher quality finish on front elevations. At its September 22nd meeting, the City Council reviewed a request to consider an update to the Zoning Ordinance related to the type of exterior materials required for single-family homes. The City Council provided feedback and authorized staff to bring back an amendment that reflected the draft language prepared by staff and reviewed at this meeting. 4. Proposed Language The current Zoning Ordinance does not permit the use of vinyl siding on the front of homes and is not as clear as it can be on the types of materials used, as it includes a mix of natural and manufactured materials. Staff recommends the following changes to Section 1040.040, Subd. 8 of the Zoning Ordinance as shown below by deleting the material and adding the underlined material as follows: Option 1: This is the option that was drafted by staff for the Planning Commission meeting as amended by the Planning Commission. Subd. 8 Design Requirements. Newly constructed single family homes shall be constructed with the following design elements: A. Front Elevation: 1. Each elevation facing a street or park shall be designed with have a minimum of 50% comprised on natural material consisting of brick, stone, stucco, fiber cementhardi-board, redwood, cedar or other similar materials. A minimum of two different materials is required, except that brick may be used on the entire elevation. 2. If vinyl siding is used, it should be complimented with higher quality materials and include a minimum of 3 different styles and/or materials. For example, if vinyl siding is used, the home shall have combination of each lap, shake or board and batten plus brick or stone. The percentage of each used material/style of materials used shall be shown on the plans. 3. Except for brick, stucco and/or natural or artificial stone, any elevation facing a street or park shall have no more than 75% of one type of exterior finish. The percentage of materials used shall be shown on the plans. Residential Design Standards Ordinance Amendment (city file 16-024) 4 November 21, 2016 1.4. The front façade shall consist of doors, windows and variations of the wall face with the use of pilasters or columns, wainscots, canopies or other architectural elements. 2.5. Design of street and park fronting exterior elevations shall be varied with a minimum of five different styles provided in the development. 3.6. Homes in proximity to each other shall not look alike in terms of the combination of color of siding, accent and roofing materials. The home under consideration will be compared to the two homes on each side and to the three homes directly facing it. B. Garages: 1. The garage shall not comprise more than 55 percent of the viewable ground floor street-facing linear building frontage. This standard is based on the measurement of the entire garage structure and not on a measurement of the garage door or doors only. Corner lots are exempt from this requirement on one street elevation. 2. Garage doors shall be architecturally styled (this includes details such as raised panels, accent color, windows, etc.) to match the exterior design of the home. C. Roof: 1. Architectural design rRoofing materials including asphalt shingles, wood shingles (including shake), concrete, clay, ceramic tile roofs or residential steel roofing material (with hidden fasteners) are required on all roofs. 2. Overhangs must be a minimum of 12 inches. D. Side and Rear Facades: 1. Equal architectural treatment on all sides of the building (materials, articulation, etc.) shall be used for all new residential construction when located on or visible from an arterial road way or public park. Accenting shall be accomplished by including accenting materials and design on all facades. 2. Each side elevation shall have at least one window or door opening. 3. A maximum of 18 inches of the foundation wall may be exposed on any elevation. Residential Design Standards Ordinance Amendment (city file 16-024) 5 November 21, 2016 Option 2: The Planning Commission felt that a higher standard should be applied on the front elevation but where other elevations face a park or public street they were more comfortable with a lesser standard. Option 2 is less restrictive and only requires the use of two materials on frontages that abut a park or the other elevations that abut a public street, as depicted in Figure 1.2. The frontage with the main entrance would still be required to provide three materials and/or styles, if vinyl is used. Figure 1.2 Example of number and type of materials/styles that would be permitted on park facing or street facing elevation if Option 2 is adopted. Subd. 8 Design Requirements. Newly constructed single family homes shall be constructed with the following design elements: A. Front Elevation: 1. Definition: i. For the purpose of this Section, front elevation shall be the elevation facing the front lot line on the street of the mailing address for the property when the property has more than one front lot line. 2. Materials used: i. TheEach front elevation facing a street or park shall have a minimum of 50% comprised on natural material consisting of brick, stone, stucco, fiber cement boardhardi-board, redwood, cedar or other similar materials. A minimum of two different materials is required, except that brick may be used on the entire elevation. ii. Vinyl siding is permitted when combined with the materials listed in Subd. 8.A.2.i of this Section. A minimum of 3 different variations in color, style and/or material is req uired. For example, if vinyl siding is used, the home shall have combination of each lap, shake or board and batten plus brick or stone. The percentage of each used material/style of materials used shall be shown on the plans. Residential Design Standards Ordinance Amendment (city file 16-024) 6 November 21, 2016 iii. Except for brick, stucco and/or natural or artificial stone, the front elevation shall have no more than 75% of one type of exterior finish. The percentage of materials used shall be shown on the plans. 3. Architectural Elements: i. The front elevation façade shall consist of doors, windows and variations of the wall face with the use of pilasters or columns, wainscots, canopies or other architectural elements. 2.4. Design: i. Front elevations Design of street and park fronting exterior elevations shall be varied with a minimum of five different styles provided in the development. ii. Homes in proximity to each other shall not look alike in terms of the combination of color of siding, accent and roofing materials. The home under consideration will be compared to the two homes on each side and to the three homes directly facing it. B. Garages: 3. The garage shall not comprise more than 55 percent of the viewable ground floor street-facing linear building frontage. This standard is based on the measurement of the entire garage structure and not on a measurement of the garage door or doors only. Corner lots are exempt from this requirement on one street elevation. 4. Garage doors shall be architecturally styled (this includes details such as raised panels, accent color, windows, etc.) to match the exterior design of the home. C. Roof: 3. Architectural design rRoofing materials including asphalt shingles, wood shingles (including shake), concrete, clay, ceramic tile roofs or residential steel roofing material (with hidden fasteners) are required on all roofs. 4. Overhangs must be a minimum of 12 inches. D. Other ElevationsSide and Rear Facades: 5.4. Equal architectural treatment on all sides of the building (materials, articulation, etc.) shall be used for all new residential construction when located on or visible from an arterial road way public street or park. Each elevation facing a public street or public park should use a minimum of 2 Residential Design Standards Ordinance Amendment (city file 16-024) 7 November 21, 2016 different materials and/or styles compatible with the front elevation as described in this Section. All other elevations shall make a good faith effort to demonstrate that elements of the front elevation have been considered for incorporation on these elevations.Accenting shall be accomplished by including accenting materials and design on all facades. 6.5. Each side elevation shall have at least one window or door opening. 7.6. A maximum of 18 inches of the foundation wall may be exposed on any elevation. 5. Recommendation Staff recommends that the City Council approve either: a. Ordinance 2016-338 approving Option 1 language and Resolution 2016-87 approving findings of fact Or b. Ordinance 2016-338 approving Option 2 language and Resolution 2016-87 approving findings of fact The Council should also move to adopt Summary Ordinance 2016-339. Approval of the summary Ordinance requires 4/5 vote. Attachments 1. Ordinance 2016 - 338 Amendment Option 1 2. Ordinance 2016 – 338 Amendment Option 2 3. Resolution 2016 - 87 approving Findings of Fact 4. Summary Ordinance 2016-339 OPTION 1 City of Corcoran November 21, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016-338 Page 1 of 3 Motion By: Seconded By: AN ORDINANCE AMENDING THE TEXT OF SECTION 1040.040, SUBD. 8 OF CHAPTER 10 (ZONING ORDINANCE) OF THE CORCORAN CITY CODE (CITY FILE NO. 16-024) THE CITY COUNCIL OF CORCORAN ORDAINS: SECTION 1. Amendments. The text of Section 1040.040, Subd. 8 of Chapter 10 (Zoning Ordinance) of the Corcoran City Code is hereby amended by deleting the stricken material and adding the underlined material as follows: Subd. 8 Design Requirements. Newly constructed single family homes shall be constructed with the following design elements: A. Front Elevation: 1. Each elevation facing a street or park shall be designed with have a minimum of 50% comprised on natural material consisting of brick, stone, stucco, fiber cementhardi-board, redwood, cedar or other similar materials. A minimum of two different materials is required, except that brick may be used on the entire elevation. 2. If vinyl siding is used, it should be complimented with higher quality materials and include a minimum of 3 different styles and/or materials. For example, if vinyl siding is used, the home shall have combination of each lap, shake or board and batten plus brick or stone. The percentage of each used material/style of materials used shall be shown on the plans. 3. Except for brick, stucco and/or natural or artificial stone, every elevation facing a street or park shall have no more than 75% of one type of exterior finish. The percentage of materials used shall be shown on the plans. 1.4. The front façade shall consist of doors, windows and variations of the wall face with the use of pilasters or columns, wainscots, canopies or other architectural elements. 2.5. Design of street and park fronting exterior elevations shall be varied with a minimum of five different styles provided in the development. 3.6. Homes in proximity to each other shall not look alike in terms of the combination of color of siding, accent and roofing materials. The home under consideration will be compared to the two homes on each side and to the three homes directly facing it. OPTION 1 City of Corcoran November 21, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016-338 Page 2 of 3 B. Garages: 1. The garage shall not comprise more than 55 percent of the viewable ground floor street-facing linear building frontage. This standard is based on the measurement of the entire garage structure and not on a measurement of the garage door or doors only. Corner lots are exempt from this requirement on one street elevation. 2. Garage doors shall be architecturally styled (this includes details such as raised panels, accent color, windows, etc.) to match the exterior design of the home. C. Roof: 1. Architectural design rRoofing materials including asphalt shingles, wood shingles (including shake), concrete, clay, ceramic tile roofs or residential steel roofing material (with hidden fasteners) are required on all roofs. 2. Overhangs must be a minimum of 12 inches. D. Side and Rear Facades: 1. Equal architectural treatment on all sides of the building (materials, articulation, etc.) shall be used for all new residential construction when located on or visible from an arterial road way or public park. Accenting shall be accomplished by including accenting materials and design on all facades. 2. Each side elevation shall have at least one window or door opening. 3. A maximum of 18 inches of the foundation wall may be exposed on any elevation. OPTION 1 City of Corcoran November 21, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016-338 Page 3 of 3 SECTION 2. Effective Date. This ordinance shall be in full force and effect upon its passage. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron Whereupon, said Ordinance is hereby declared adopted on this 21st day of November 2016. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk OPTION 2 City of Corcoran November 21, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016-338 Page 1 of 3 Motion By: Seconded By: AN ORDINANCE AMENDING THE TEXT OF SECTION 1040.040, SUBD. 8 OF CHAPTER 10 (ZONING ORDINANCE) OF THE CORCORAN CITY CODE (CITY FILE NO. 16-024) THE CITY COUNCIL OF CORCORAN ORDAINS: SECTION 1. Amendments. The text of Section 1040.040, Subd. 8 of Chapter 10 (Zoning Ordinance) of the Corcoran City Code is hereby amended by deleting the stricken material and adding the underlined material as follows: Subd. 8 Design Requirements. Newly constructed single family homes shall be constructed with the following design elements: A. Front Elevation: 1. Definition: i. For the purpose of this Section, front elevation shall be the elevation facing the front lot line on the street of the mailing address for the property when the property has more than one front lot line. 2. Materials used: i. TheEach front elevation facing a street or park shall have a minimum of 50% comprised on natural material consisting of brick, stone, stucco, fiber cement boardhardi-board, redwood, cedar or other similar materials. A minimum of two different materials is required, except that brick may be used on the entire elevation. ii. Vinyl siding is permitted when combined with the materials listed in Subd. 8.A.2.i of this Section. A minimum of 3 different variations in color, style and/or material is required. For example, if vinyl siding is used, the home shall have combination of each lap, shake or board and batten plus brick or stone. The percentage of each used material/style of materials used shall be shown on the plans. iii. Except for brick, stucco and/or natural or artificial stone, the front elevation shall have no more than 75% of one type of exterior finish. The percentage of materials used shall be shown on the plans. 3. Architectural Elements: OPTION 2 City of Corcoran November 21, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016-338 Page 2 of 3 i. The front elevation façade shall consist of doors, windows and variations of the wall face with the use of pilasters or columns, wainscots, canopies or other architectural elements. 2.4. Design: i. Front elevations Design of street and park fronting exterior elevations shall be varied with a minimum of five different styles provided in the development. ii. Homes in proximity to each other shall not look alike in terms of the combination of color of siding, accent and roofing materials. The home under consideration will be compared to the two homes on each side and to the three homes directly facing it. B. Garages: 1. The garage shall not comprise more than 55 percent of the viewable ground floor street-facing linear building frontage. This standard is based on the measurement of the entire garage structure and not on a measurement of the garage door or doors only. Corner lots are exempt from this requirement on one street elevation. 2. Garage doors shall be architecturally styled (this includes details such as raised panels, accent color, windows, etc.) to match the exterior design of the home. C. Roof: 1. Architectural design rRoofing materials including asphalt shingles, wood shingles (including shake), concrete, clay, ceramic tile roofs or residential steel roofing material (with hidden fasteners) are required on all roofs. 2. Overhangs must be a minimum of 12 inches. D. Other ElevationsSide and Rear Facades: 1. Equal architectural treatment on all sides of the building (materials, articulation, etc.) shall be used for all new residential construction when located on or visible from an arterial road way street or public park. Each elevation facing a street or public park should use a minimum of 2 different materials and/or styles compatible with the front elevation as described in this Section. All other elevations shall make a good faith effort to demonstrate that elements of the front elevation have been considered for incorporation on these elevations.Accenting shall be accomplished by including accenting materials and design on all facades. 2. Each side elevation shall have at least one window or door opening. OPTION 2 City of Corcoran November 21, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016-338 Page 3 of 3 3. A maximum of 18 inches of the foundation wall may be exposed on any elevation. SECTION 2. Effective Date. This ordinance shall be in full force and effect upon its passage. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron Whereupon, said Ordinance is hereby declared adopted on this 21st day of November 2016. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk City of Corcoran November 21, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-87 Page 1 of 2 Motion By: Seconded By: A RESOLUTION APPROVING FINDINGS OF FACT FOR AN ORDINANCE AMENDING THE TEXT OF SECTION 1040.040, SUBD. 8 OF CHAPTER 10 (ZONING ORDINANCE) OF THE CORCORAN CITY CODE (CITY FILE NO. 16-024) WHEREAS, the City of Corcoran initiated an amendment to update the City Code to update the Zoning Ordinance regarding residential design standards; and WHEREAS, the amendment would be consistent with the 2030 Comprehensive Plan; and WHEREAS, the amendment would be consistent with other City Code standards and City policies; and WHEREAS, the amendment would clarify the intent of the design standards and reflect modern building material standards; and WHEREAS, the Planning Commission has reviewed the proposed text amendments at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the Zoning Ordinance text amendment based on the following findings: 1. The existing ordinance was not clear as it could be as it includes a mix of natural and manufactured materials, the update will allow more clear communication of allowable building materials. 2. Vinyl siding is a permitted building material in the Corcoran City Code and the quality and variety of styles for vinyl siding has improved in recent years and is an acceptable type of siding for the front elevation of homes. 3. Vinyl siding on homes will not decrease the value of other homes in the community nor will it cause health, safety or other public concerns to the homeowner’s or the community. 4. Requiring different styles and or/materials on the front of homes will establish a consistent, high quality baseline design standard as well as maintain a harmonious visual environment. 5. Including architectural elements on front facades will provide a harmonious visual environment. 6. Requiring a breakdown of the percentage of materials used on plans will allow clear communication of expectations for new development and implementation of residential design standards. City of Corcoran November 21, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-87 Page 2 of 2 VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this 21st day of November 2016. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk City of Corcoran November 21, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016-339 Page 1 of 1 Motion By: Seconded By: CITY OF CORCORAN SUMMARY OF ORDINANCE NO. 2016-338 AN ORDINANCE AMENDING THE TEXT OF CHAPTER 10 OF THE CORCORAN CITY CODE, ENTITLED CORCORAN ZONING ORDINANCE The text of Chapter 10 (Zoning Ordinance) of the Corcoran City Code is hereby amended to allow vinyl siding as acceptable building material on single family homes. The amendment also regulates the types and number of materials/styles permitted on facades facing a public street or park. A printed copy of the entire amended Chapter 10 is available for inspection by any person at City Hall during the City Clerk’s regular office hours. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this 21st day of November 2016. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 Fax: 612-252-9077 www.landform.net Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC. TO: Corcoran City Council FROM: Kathleen Hammer through Kendra Lindahl, Landform D ATE: November 16, 2016 for the November 21, 2016 City Council Meeting RE: Rezoning, Preliminary Plat and Preliminary PUD Development Plan for “Schwalbe” subdivision as a proposed future Ravinia phase (PID 36-119-23-14-0001) (City File 16-026) 1.Application Request Lennar submitted a request for approval of a rezoning, preliminary plat and preliminary PUD development plan for “Schwalbe” subdivision to allow 21 single family detached home lots on 5.97 acres. This parcel is proposed as part of the “Ravinia” subdivision originally planned for a total of 426 single family detached home lots on 266.57 acres. 2.Planning Commission Review The Planning Commission reviewed the application and held a public hearing at their November 3rd Planning Commission meeting and voted unanimously to recommend approval. The applicant, landowner (Kathy Schwalbe) and Jeff Yates, the property owner to the north of the site (6705 County Road 101), were present to speak. Mr. Yates voiced concerns about water draining on to his property. Paul Tabone, Lennar, stated they will meet all state and local drainage requirements prior to approval of the project and are committed to working through the proper protocol to ensure stormwater is adequately handled on-site. The Planning Commission was asked to determine if 17 trees would be sufficient to meet the required 40 shrubs for the reduced setback from County Road 101. Staff noted there is a small berm between lots 3 and 4 and explained the idea of the Code is intended to provide a variety of planting materials and shrubs would provide lower level screening. Lennar was asked why shrubs were not included, Mr. Tabone stated the idea was to create a tall and dense separation between the homes and County Road 101. He indicated if the City would like to see shrubs there is no opposition. Planning Commission determined they would like to see the extra trees removed and the required shrubs provided on a revised landscaping plan. Councilor LaFave voiced concern regarding landscape buffering between the property to the north and the subject parcel. Staff stated there is not a City requirement to provide a buffer to the residential property to the north. The Planning Commission noted that the tree preservation plan was missing from the packet. Staff noted the City requires a tree preservation plan and not including it in the packet was an oversight. City staff also noted that the City does not have any standards for tree preservation. Agenda Item: 9b. Lennar Schwalbe Rezoning, PUD and Preliminary Plat (16-026) 2 November 21, 2016 The original submittal included a temporary cul-de-sac that encroached on Block 2, Lots 1 and 2. Since the original submittal, Lennar has provided a revised plan showing an alternative turn-around. Attached to this report is an engineer’s memo, dated November 11, 2016, providing input of the preliminary review of the revised plan. The revised plans have yet to be fully reviewed by staff, but staff feels the revised plans are headed in the direction to address those concerns. The Planning Commission recommended approval of the attached ordinance and resolutions as drafted by staff with one minor modification to remove an error on the Resolution approving Preliminary Planned Unit Development by removing an asterisk and clarifying the required setback from County Road 101. 3. Parks and Trails Commission Review The Parks and Trails Commission reviewed this item at their November 15th meeting and voted unanimously to recommend: a. Cash in lieu of land for the new lots (21 are shown but it is likely to be reduced to 20). b. The trail easement be dedicated (a minimum of 20 feet wide) and that the trail base be constructed. The City will pave the trail will the County Road 101 trail is constructed and the connection can be made. The Commission recommends that this trail easement be considered one of the PUD benefits and no park dedication credit be given. 4. Context Level of City Discretion in Decision-Making The City has a relatively high level of discretion in approving or denying a rezoning application. The proposed zoning for a property must be consistent with the City’s Comprehensive Plan. If the proposed zoning is not consistent with the Comprehensive Plan, the City must deny the rezoning application. The Zoning Ordinance and Map are the enforcement tools used to implement the goals and standards set in the Comprehensive Plan. The City has a relatively high level of discretion in approving PUDs. A PUD must be consistent with the City’s Comprehensive Plan. The City may impose reasonable requirements in a PUD not otherwise required if the City deems it necessary to promote the general health, safety and welfare of the community and surrounding area. The City’s discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Comprehensive Land Use Regulations. If it meets these standards, the City must approve the preliminary plat. Background The City Council approved the Ravinia rezoning to PUD (Planned Unit Development), Preliminary PUD Development Plan and Preliminary Plat on December 23, 2013. Lennar Schwalbe Rezoning, PUD and Preliminary Plat (16-026) 3 November 21, 2016 The Final PUD Development Plan and Final Plat for Phase I was approved by City Council on April 24, 2014. The Council amended the Final PUD Development Plan on January 8, 2015 to allow for vinyl siding instead of LP siding on all sides of the homes and to allow 5-foot setbacks for the garage side. In 2015, the City Council approved PUD final plans and final plats for Ravinia 2nd Addition and Ravinia 3rd Addition. The City Council approved PUD final plans and final plats for Ravinia 4th Addition, Ravinia 5th Addition and Ravinia 6th Addition in 2016. On September 22nd, the City Council approved a request for a Comprehensive Plan Amendment to reguide this property from Existing Residential to Low Density Residential contingent upon Metropolitan Council review. The Metropolitan Council letter dated October 13th notes that the change is consistent with regional plans and was approved. Zoning and Land Use The property is currently guided Existing Residential and zoned UR (Urban Reserve). A Comprehensive Plan Amendment to reguided the property from Existing Residential to Low Density Residential was approved by the Metropolitan Council on October 13, 2016. The application is requesting a rezoning from UR to Planned Unit Development (PUD). Surrounding Properties The surrounding properties to the south are guided Low Density Residential and zoned Planned Unit Development (PUD) for the Ravinia Development. The properties to the north and west are guided Existing Residential and zoned UR. The property to the east is located in the City of Maple Grove. Natural Characteristics of the Site The site is currently developed with a single family home and accessory buildings. There are few scattered trees on site. A wetland report prepared by Jacobson Environmental, PLLC, dated November 8, 2014 found no wetlands on the site. The delineation was approved by the ECWMC (Elm Creek Watershed Management Commission). Lennar Schwalbe Rezoning, PUD and Preliminary Plat (16-026) 4 November 21, 2016 5. Analysis of Request Rezoning The applicant is proposing to rezone the property from UR to PUD. The rezoning would allow development similar to the adjacent Ravinia PUD. The development would be incorporated into the Ravinia development and would be part of the master association. The rezoning is consistent with the Low Density Residential (3-5 units per acre) land use category. Preliminary Plat Title Work There is a 0.34 to 0.40 foot overlap with RAVINIA 4th ADDITION, staff notes this item will need to be resolved prior to the Final Plat being recorded. We have included this a condition of preliminary plat approval. Lot Configuration The minimum lot width and minimum lot area for the underlying RSF-2 District is 80 feet and 11,000 square feet, respectively. As part of the Ravinia original final PUD approval, the approved plan allowed lots widths of 60, 65 and 75 feet. A PUD amendment to allow 55-foot lots was approved in April of 2016 for Ravinia 4th Addition, which is directly south of this site. The proposed plan includes lot widths at the setback line ranging from 55 to 90.7 feet 14 of the 23 lots are less than 60 feet wide). The lots range from 7,632 – 19,926 square feet (5 of the 21 lots exceed 11,000 square feet). The smaller, less expensive home provides some housing choice in the Wayzata School District in Corcoran. This subdivision would expand the Ravinia development by 6 acres and 21 units as follows: • Phase 1 = 38 Units • Phase 2 = 36 units • Phase 3 = 27 units • Phase 4 = 43 units • Phase 5 = 47 units • Phase 6 = 23 units Total Units = 214 units (of 437 approved) Schwalbe = 21 units The Ravinia total increases from 437 to 448 units and 268.07 gross acres to 274.07 gross acres. Lennar Schwalbe Rezoning, PUD and Preliminary Plat (16-026) 5 November 21, 2016 Park Dedication The Ravinia development provided land for park dedication as part of the original PUD approval. However, this project was not included in that approval and is subject to the current park dedication requirements. Under the current ordinance, park dedication is required at 15% of the net pre-development area or 15% of the appraised value of the land for developments like this with between 3-5 units per acre. The City should generally accept park dedication in the form of land where shown on the maps; however, the City may choose to accept cash or a combination of cash and land. The City may accept cash-in-lieu of land at 15% of the value of the land. The City has an adopted fee schedule based on the City analysis of current land value. The 2016 fee schedule requires $3,970 per unit (21 x 3,970 = $83,370). The applicant shall be subject to the park dedication requirements in place at the time the final plat is released for filing. The site plan includes a sidewalk on the south site of the proposed street. Staff also recommends providing a trail connection along two lot lines to Brockton Lane/CR 101 to maximize access to sidewalks and trails within the development. The revised plan submitted November 3rd shows the connection. The Parks and Trails Commission reviewed this item at their November 15th meeting and recommended that the City take cash in lieu of land for the new lots. Additionally, they recommend that the trail easement be dedicated (a minimum of 20 feet wide) and that the trail base be constructed. The City will pave the trail will the County Road 101 trail is constructed and the connection can be made. The Commission recommends that this trail easement be considered one of the PUD benefits and no park dedication credit be given. The Subdivision Ordinance states, “Permanent trail easements may be allowed for dedication of trail corridors shown on the Parks and Trails Plan. Park dedication credit shall be given for the net acreage (pre-development) of these off-road trails, but no credit shall be given for trails within the public right-of-way.” The Parks and Trails Commission recommended that no credit be given. Preliminary PUD Plan Product Type Lennar is proposing to build Discovery homes; similar to what is being constructed in Ravinia 4th Addition directly south of this site. The Discovery series is a smaller home (2,100 – 2,600 sq. ft.) than some of the others currently offered in Ravinia and will have 2-car garages. The target market for these homes is young families. Staff finds that the proposed homes are consistent with vision for this PUD and that it will add variety to the housing stock within this the community and the neighborhood. Architecture The applicant submitted a series of house plans and color palettes for the project with the preliminary PUD development plan. Each house plan will be reviewed by the City prior to building permit to ensure that the ordinance standards as modified by the PUD are met. The City must Lennar Schwalbe Rezoning, PUD and Preliminary Plat (16-026) 6 November 21, 2016 review the proposed product line to make sure that the homes are compatible with the standards in the original approvals for both design and materials. One of the conditions of the approvals is that “Equal architectural treatment on all sides of the building (materials, articulation, etc.) shall be used for all new residential construction when located on or visible from an arterial road way or public park. Accenting shall be accomplished by including accenting materials and design on all facades.” This means that different materials, styles and colors that are used on the front must be incorporated on the side and rear of buildings that abut CR 101 or public parks. There are several homes adjacent to CR 101 in a project that will be subject to this standard. Access/Streets The access to the site would be from Bridle Path (formally White Tail Trail) on a new public street (66th Avenue North and Cedar Lane North) that will be stubbed to the northern boundary where the road could be extended north when the parcels to the north develop in the future. The stub street is proposed with a temporary cul de sac until the road is extended north. The applicant has shown a 40-foot radius on this cul de sac. In previous phases of Ravinia, the City has allowed temporary cul de sacs with a 40-foot radius rather than the standard 50-foot radius because they were truly temporary cul de sacs that would be removed when adjacent phases of Ravinia were developed by Lennar. Staff finds that this circumstance is different because Lennar does not control the property to the north. Staff has included a condition that that the temporary cul de sac comply with the standard 50-foot radius or be revised to provide a different approved turnaround. Staff notes that the current cul de sac plan results in unbuildable site for Lot 1 and Lot 2, Block 2 because the temporary cul de sac encroaches into the building pad site. The applicant must provide proof that the lots are buildable with the temporary cul de sac or plat them as outlots until the temporary cul de sac is removed. The City Engineer’s memo includes several conditions that must be addressed prior to submittal of the final plans. These have been included as conditions of approval. Staff notes concerns regarding the approximate 6-foot grade change from the temporary cul-de-sac to the adjacent parcel to the North. The applicant shall work with City Engineering staff to address concerns. Parking Guest parking is not required for single family homes. Section 1060.060 of the ordinance requires a single stall garage for single family homes. The proposed homes have two-car garages. This complies with ordinance requirements. Additionally, parking will be allowed on the sidewalk one side of the new public street. Utilities Lennar Schwalbe Rezoning, PUD and Preliminary Plat (16-026) 7 November 21, 2016 The proposed project is located within the Metropolitan Urban Service Area (MUSA) of the City. This the area planned to be serviced by sanitary sewer and municipal water and these services will be extended by the developer as part of the project. Landscaping The applicant is requesting building setback flexibility permitted by Section 1060.070. Subd. K of the Zoning Ordinance. A reduced setback is permitted provided the applicant provide a minimum of 1 overstory deciduous tree, 1 overstory coniferous tree and 2 ornamental trees and 10 understory shrubs are provided per 100 feet of the length of the property line where the flexibility is being requested. The application included a landscaping plan indicating the proposed overstory trees, but lacked a plan that indicated the proposed understory shrubs. City Code Requirement Required Shown Residential Uses 1 overstory tree per dwelling unit 21 21 Reduced Setback 1 overstory deciduous tree per 100 ft. 4 12 1 overstory coniferous tree per 100 ft. 4 5 2 ornamental trees per 100 ft. 8 15 1 understory shrub per 100 ft. 40 0 The plan includes nine extra overstory trees, one extra understory trees and seven extra ornamental trees. Section 1060.070 of the Zoning Ordinance allows up to 50% of the required number of overstory trees may be substituted with the use of understory trees in combination with other design elements. In such cases, not less than three understory trees shall be provided for each one required overstory trees substituted. However, the City Code does not specifically allow a substation of overstory trees for shrubs. Shrubs provide low level buffering that trees do not. As part of a PUD, the City has discretion in reviewing the plans. Staff has included a condition that the required 40 shrubs be added, as recommended by the Planning Commission. The proposed landscaping plan shows 23 boulevard trees of the same species. Staff suggests variation in species to reduce the chance of a disease or insect that could occurrence that could eradicate the boulevard trees. One of the boulevard trees is located within the temporary cul-de-sac on Block 1, Lot 1. The tree should be relocated outside of the temporary cul-de-sac easement. The tree preservation plan keeps 11 trees on the site. A majority of the preserved trees are located at the southeast quadrant of the site, adjacent to Ravinia 4th addition. There are two trees preserved along the north lot line. No tree removal is allowed on adjacent property. Lennar Schwalbe Rezoning, PUD and Preliminary Plat (16-026) 8 November 21, 2016 Storm Water Management The proposed plan includes a filtration basin located in the northwestern section of the site. The ponding must provide treatment and rate control. The developer may not increase the rate of runoff onto other properties and existing drainage through the site must be maintained. The developer’s plan is generally in compliance with these regulations. The City and the watershed will both review the grading plans for compliance with the applicable regulations. The pond will need to be blanketed by drainage and utility easements. The developer has provided 10-foot drainage and utility easements along the front and rear lot lines and 5-foot drainage and utility easements along the side lot lines for the single family lots. This is consistent with the engineering design standards. Mail Delivery One centralized mailbox location should be shown on the landscape plans. The location of mailboxes must be approved by the US Postal Service. The applicant will need to provide proof of the approved location to the City. Signage The Ravinia preliminary PUD approvals allow two development signs at the main County Road 101 entrance, one sign at the Hackamore entrance and 7 smaller sub-neighborhood signs within the project. No sub-neighborhood signage is proposed in this addition. Conclusion The staff report noted the outstanding issues that must be addressed and we have included conditions in the attached resolutions to address these issues. 6. Recommendation Move to adopt the following, as recommended by the Planning Commission: 1. Ordinance 2016-340 approving rezoning from UR to PUD 2. Resolution 2016-88 approving findings of fact for Rezoning 3. Resolution 2016-89 approving Preliminary PUD Development Plan 4. Resolution 2016-90 approving Preliminary Plat Lennar Schwalbe Rezoning, PUD and Preliminary Plat (16-026) 9 November 21, 2016 Attachments a. Ordinance 2016-340 approving rezoning from UR to PUD b. Resolution 2016-88 approving findings of fact for Rezoning from c. Resolution 2016-89 approving Preliminary PUD Development Plan d. Resolution 2016-90 approving Preliminary Plat e. Location Map f. Engineer’s Memo dated November 11, 2016 g. Engineer’s Memo dated October 16, 2016 h. Hennepin County letter dated October 14, 2016 i. Applicant’s narrative dated September 16, 2016 j. Plans dated September 30, 2016 k. Density Exhibit dated October 31, 2016 l. Revised plans dated November 3, 2016 m. Revised plans received November 14, 2016 City of Corcoran November 21, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016-340 Page 1 of 1 Motion By: Seconded By: AN ORDINANCE AMENDING TITLE X (ZONING ORDINANCE) OF THE CITY CODE TO CLASSIFY CERTAIN LAND LOCATED AT 6638 COUNTY ROAD 101 (PID 36-119-23-140-001) (CITY FILE 16-026) THE CITY OF CORCORAN ORDAINS: Section 1. Amendment of the City Code. Title X of the City Code of the City of Corcoran, Minnesota, is hereby amended by changing the classification on the City of Corcoran Zoning Map from UR (Urban Reserve) to PUD (Planned Unit Development) with respect to the 5.97-acre site, legally described as follows: That part of the Southeast Quarter of the Northeast Quarter of Section 36, Township 119, Range 23, West of the 5th Principal Meridian, described as follows: Commencing at the Southeast corner of said quarter, thence North along the East line of said quarter quarter distance 621.2 feet to the actual point of beginning; thence continuing North along said East line 360 feet; thence West at right angles 759 feet; thence South parallel with said East line 360 feet; thence East to the point of beginning, except road, Hennepin County, Minnesota. Section 2. Effective Date. This amendment shall take effect upon adoption of the resolution approving the final plat for the Schwalbe/Ravinia PUD. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this 21st day of November 2016. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk City of Corcoran November 21, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-88 Page 1 of 2 Motion By: Seconded By: APPROVING FINDINGS OF FACT FOR REZONING THE “SCHWALBE” PROPERTY ON THE 5.97-ACRE SITE LOCATED AT 6635 COUNTY ROAD 101 (PID 36-119-23-140-001) (CITY FILE 16-026) WHEREAS, The Lennar Corporation (“the applicant”) has requested approval of a rezoning from Urban Reserve (UR) to Planned Unit Development (PUD) as part the Ravinia PUD for a 5.97-acre parcel legally described as follows: That part of the Southeast Quarter of the Northeast Quarter of Section 36, Township 119, Range 23, West of the 5th Principal Meridian, described as follows: Commencing at the Southeast corner of said quarter, thence North along the East line of said quarter quarter distance 621.2 feet to the actual point of beginning; thence continuing North along said East line 360 feet; thence West at right angles 759 feet; thence South parallel with said East line 360 feet; thence East to the point of beginning, except road, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hearing and recommends approval, and; WHEREAS, the City Council has adopted an ordinance rezoning the affected parcel from Urban Reserve (UR) to Planned Unit Development (PUD); NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does support the request by The Lennar Corporation for the reclassification of the zoning from UR to PUD for the property, based on the following findings: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the City Comprehensive Plan, including public facilities and capital improvement plans. New streets and utilities will be extended to serve the site and will be stubbed to serve the adjacent property to the north. 2. The proposed action meets the purpose and intent of this Ordinance. a. The proposal would meet the purpose and intent of the Ravinia PUD and would comply with ordinance development standards. b. The rezoning would bring development onto the City tax rolls with limited need for public services for this unoccupied space. 3. There is adequate infrastructure available to serve the proposed action when the streets and utilities are constructed with the development. 4. There is an adequate buffer or transition provided between potentially incompatible districts. The project is adjacent to the Ravinia development on the south and will be City of Corcoran November 21, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-88 Page 2 of 2 incorporated into that development and will be part of the Ravinia homeowners association. 5. The zoning is consistent with the Comprehensive Plan’s Low Density Residential land use classification. 6. The planned development will not create an excessive burden on parks, schools, streets and other public facilities and utilities that serve or are proposed to serve the planned development. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this 21st day of November 2016. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk City of Corcoran November 21, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-89 Page 1 of 3 Motion By: Seconded By: APPROVING PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) PLAN FOR THE LENNAR CORPORATION ON THE 5.97-ACRE SCHWALBE PROPERTY AT 6635 COUNTY ROAD 101 (PID 36-119-23-140-001) (CITY FILE 16-026) WHEREAS, The Lennar Corporation (“the applicant”) has requested approval of a preliminary plat for 21 single family homes on a 5.97-acre parcel legally described as: That part of the Southeast Quarter of the Northeast Quarter of Section 36, Township 119, Range 23, West of the 5th Principal Meridian, described as follows: Commencing at the Southeast corner of said quarter, thence North along the East line of said quarter quarter distance 621.2 feet to the actual point of beginning; thence continuing North along said East line 360 feet; thence West at right angles 759 feet; thence South parallel with said East line 360 feet; thence East to the point of beginning, except road, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed the plan at a duly called Public Hearing and recommends approval, and; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the request for a preliminary PUD development plan, subject to the following conditions: 1. A preliminary PUD plan is approved to allow the creation of 21 single family lots in accordance with the application materials and plans received by the City on September 16, 2016 and revisions received September 30, 2016, except as amended by this resolution. 2. Approval is contingent upon City Council approval of the rezoning to PUD and the preliminary plat. 3. The application shall comply with all conditions in the City Engineer’s memo dated October 20, 2016. 4. The application is subject to the review and approval by Hennepin County. The applicant shall comply with any conditions of approval from the letter from the County dated October 14, 2016. 5. The development shall be subject to all conditions of the “Ravinia” preliminary PUD development plan approval and all amendments. City of Corcoran November 21, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-89 Page 2 of 3 6. The PUD is hereby approved to allow 55-foot wide lots in this plat. All platted residential lots shall comply with the following: 55-foot lots Front, From County Road 101 60 feet Front, From all other streets 20 feet Front Porch (≤ 120 square feet) 15 feet Side (living) 5 feet Side (garage) (Minimum separation between structures on adjacent parcels shall be 10 feet.) 5 feet Rear 25 feet Maximum Principal Building Height 35 feet 7. PUD flexibility is provided to allow the face of the garage to exceed 55% of the building face. In exchange for flexibility: a. Garage door colors shall be compatible with the building colors. b. Architectural elements shall be added above the garage to de-emphasize the garage doors. c. Garage doors shall be architecturally styled (this includes details such as raised panels, accent color, windows, etc.) to match the exterior of the home. 8. The approved PUD standards are hereby approved to specifically allow flexibility from the Zoning Ordinance requirement that “Each elevation facing a street or park shall have a minimum of 50% comprised on natural material consisting of brick, stone, stucco, hardi- board, redwood, cedar or other similar materials. A minimum of two different materials is required, except that brick may be used on the entire elevation.” a. Homes shall be allowed to have vinyl siding on the front elevation. b. The front elevation shall have a minimum of two different materials, which may include vinyl and stone/brick. c. A variety of vinyl siding styles are encouraged on all elevations (lap siding, board and batten, shake, etc.). 9. The mailbox locations shall be approved by the US Postal Service and proof of the approved locations provided to the City, prior to release of the final plat. 10. No sub-neighborhood signage is requested or approved in this phase. 11. The preliminary PUD development plan is approved based on the finding that the proposed project is consistent with the City’s Comprehensive Plan. 12. As part of the 2014 Ravinia PUD approvals, the City and developer entered into a Recapture and Reimbursement Agreement dated April 24, 2014 for reimbursement of the cost of certain required off-site infrastructure improvements. The agreement required “Benefitted Properties” to pay the City a Recapture Fee in the amount of sanitary sewer TLAC fees and those fees shall be passed onto Lennar. However, since the Benefitting Property is Lennar, the City will waive TLAC fees on this site in lieu of the payment/recapture anticipated. 13. A final PUD development plan must submitted with the final plat for review and approval. City of Corcoran November 21, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-89 Page 3 of 3 14. Approval shall expire within one year of the date of approval unless the applicant has filed a complete application for approval of a final plan. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this 21st day of November 2016. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk City of Corcoran November 21, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-90 Page 1 of 2 Motion By: Seconded By: APPROVING PRELIMINARY PLAT FOR “SCHWALBE” FOR THE LENNAR CORPORATION ON THE 6-ACRE SCHWALBE PROPERTY AT 6635 COUNTY ROAD 101 (PID 36-119-23- 140-001) (CITY FILE 16-026) WHEREAS, The Lennar Corporation (“the applicant”) has requested approval of a preliminary plat for 21 single family homes on a 5.97-acre parcel legally described as: That part of the Southeast Quarter of the Northeast Quarter of Section 36, Township 119, Range 23, West of the 5th Principal Meridian, described as follows: Commencing at the Southeast corner of said quarter, thence North along the East line of said quarter quarter distance 621.2 feet to the actual point of beginning; thence continuing North along said East line 360 feet; thence West at right angles 759 feet; thence South parallel with said East line 360 feet; thence East to the point of beginning, except road, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed the plan at a duly called Public Hearing and recommends approval, and; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the request for a preliminary plat, subject to the following conditions: 1. A preliminary plat is approved to allow the creation of 21 single family lots in accordance with the application materials and plans received by the City on September 16, 2016 and revisions received September 30, 2016, except as amended by this resolution. 2. Approval is contingent upon City Council approval of the rezoning to PUD and the “Ravinia” preliminary PUD development plan approved on December 23, 2013, as amended. 3. The application shall comply with all conditions in the City Engineer’s memo dated October 20, 2016. 4. The application is subject to the review and approval by Hennepin County. The applicant shall comply with any conditions of approval from the letter from the County dated October 14, 2016. 5. The development shall be subject to all conditions of the “Ravinia” preliminary PUD development plan approval. 6. Park dedication shall be: a. Cash in lieu of land for the 21 (or 20 as may be revised) new lots. b. The developer shall provide a trail easement to the future County Road 101 trail. The trail base shall be graded. No park dedication credit will be given for the proposed trail easement or grading work as this is one of the benefits of the PUD. City of Corcoran November 21, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016-90 Page 2 of 2 7. The applicant must provide a revised landscaping plan that includes 40 understory shrubs along County Road 101. 8. Revise the landscaping plan to relocate the tree outside of the proposed temporary cul-de- sac easement. 9. The applicant shall revise the street trees to provide at least two varieties in order to protect against insects and disease. The revised landscaping plan must be approved by the City prior to approval of the preliminary plat. 10. The temporary cul de sac must comply with the standard 50-foot radius or be revised to provide a different approved turnaround. 11. The applicant must provide proof that Lot 1 and Lot 2, Block 2 are buildable with the temporary cul de sac or plat them as outlots until the temporary cul de sac is removed. 12. The applicant will need to resolve the title work issues related to the boundary overlap prior to the final plat being recorded. 13. Approval shall expire within one year of the date of approval unless the applicant has filed a complete application for approval of a final plat. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this 21st day of November 2016. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – Clerk Hennepin County Property Map Location Map Date: 10/26/2016 Comments: 1 inch = 400 feet PARCEL ID: 3611923140001 OWNER NAME: D A Schwalbe & K A Schwalbe PARCEL ADDRESS: 6635 Co Rd No 101, Corcoran MN 55340 PARCEL AREA: 5.99 acres, 261,138 sq ft A-T-B: Abstract SALE PRICE: $147,500 SALE DATA: 11/1991 SALE CODE: Warranty Deed ASSESSED 2015, PAYABLE 2016 PROPERTY TYPE: Residential HOMESTEAD: Homestead MARKET VALUE: $375,000 TAX TOTAL: $5,452.10 ASSESSED 2016, PAYABLE 2017 PROPERTY TYPE: Residential HOMESTEAD: Homestead MARKET VALUE: $386,000 This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2016 Engineer’s Memo Wenck Associates, Inc. | 1800 Pioneer Creek Center | P.O. Box 249 | Maple Plain, MN 55359-0249 Toll Free 800-472-2232 Main 763-479-4200 Email wenckmp@wenck.com Web wenck.com - To: Kendra Lindahl, City Planner From: Kent Torve, City Engineer Date: November 9, 2016 Subject: Schwalbe Review Background The Lennar project was submitted on plans dated 8/16, and attached is the prior memo documenting the staff and engineering review (Oct 20). Subsequently, a new plan was received November 3rd and comments are below. Stormwater The project will maintain the current flow direction and per Watershed and City requirements the rate of flow will be equal or less. Watershed approval is a typical requirement of development, and the parcel will meet those water quality and volume rules. Wenck will meet with the adjacent landowner about the current drainage path and final modifications will be made to the plans if necessary. CR 101 Drainage A culvert currently exists under CR 101 and will be required to bypass the filtration basin. Current plans combine the development and Maple Grove drainage. Turn Around The turnaround shown is 70 feet long from west curb line and 20 feet wide. Design will also be reviewed as staff including Public Safety and Fire. North Grading Transition The street termination was moved southerly to provide control of stormwater and a 3:1 slope transition to the property boundary. Technical Memo Wenck Associates, Inc. | 1800 Pioneer Creek Center | P.O. Box 249 | Maple Plain, MN 55359-0249 Toll Free 800-472-2232 Main 763-479-4200 Email wenckmp@wenck.com Web wenck.com - To: Charlie Wiemerslage, P.E. From: Kevin Mattson, P.E., Kent Torve, P.E., Kirby Templin, P.E. Date: October 20th, 2016 Subject: Schwalbe Property – Plan Review Comments A plan set, dated (signed) 8/2616, has been received for the proposed Schwalbe Property. The following comments are in regards to the plans submitted and should be considered in revisions to next submittal. General 1. Updated City standard detail plates have been provided. Incorporate updated plates as appropriate. 2. Submit a list, and the status of, all permits required for the project. Sanitary Sewer & Watermain 3. Provide a 0.1-foot drop across sanitary manholes. 4. Install watermain offset near station 2+10 to avoid conflict with storm sewer crossing. 5. Wet tap connections are not allowed if other construction means are available. Therefore, the contractor shall cut in a tee fitting at the water connection to the 14” HDPE watermain along CSAH-101. 6. Eliminate the high point in the proposed watermain connection line to CSAH-101 between stations 0+00 & 1+00. 7. Review future sewer cover and pipe grades to the north. Will it work to stub out the sanitary sewer pipe to the north or will those future lots need to be serviced to the north? Storm Sewer 8. Provide access for maintenance of all stormwater ponds and filtration basins. The preferred path is from the Bridle Path cul-de-sac. 9. Review stormwater treatment plan with city staff to maintain compliance with watershed requirements. At a minimum, forebays or pretreatment basins are required up flow of the filtration basin. 10. Review the need for the rear-yard storm sewer structures (CB’s 4-6). Can they be eliminated by re-grading the rear yards to the west? Charlie Wiemerslage, P.E. October 20, 2016 2 T:\2294-Corcoran\17-Lennar\Phase Schwalbe\Ravinia Schwalbe - Review Comments_1.docx 11. Add additional catch basin’s at the low points in the road near stations 0+35 & 7+00 to collect road drainage and provide necessary water quality treatment. 12. Provide a sump invert to CBMH 8 and review pipe cover between storm manholes CBMH-8 & CBMH-9 (3 foot minimum). 13. All outlet control structures should have a 4-foot sump invert from bottom of inlet pipe. 14. Provide sump connections for all parcels that do not abut wetlands or ponds. Review with city engineer possible connections to storm sewer installed as part of Ravinia Phase 4. 15. Install draintile cleanouts to the sump connection system upstream of all 45-degree bends or wye connections. (90-degree bends will not be accepted.) Modeling 16. Submit the stormwater model information for review. Additional information is required to verify the pass-through drainage from culvert underneath CSAH-101. Provide pipe diameter and upstream drainage flows. Review design options to reroute these flows from the site’s stormwater treatment sizing requirements. 17. Send model versus reports. 18. Submit complete watershed maps that cover the whole watersheds that fall wholly and partially within the Schwalbe Property project boundaries. The watershed maps should be for existing and proposed conditions. On the maps, show the project boundary, label watersheds with IDs that correlate to the HydroCAD model, include watershed areas, and the watershed CN. 19. Provide storm sewer plans with outlet details for control structures. 20. Add elevations to EOF’s at all street and trail crossings. 21. Verify inlet capacity requirements are meet. Grading 22. Review the proposed grading plans for the temporary cul-de-sac to the north as it appears there will likely be a 6-foot fill required. 23. The low opening of Lot 10, Block 2 does not meet the 2-foot separation requirement from the EOF. 24. Review the grading contours along the northern property line. The contours appear to range from 1 foot to 6 foot above the adjacent property. Charlie Wiemerslage, P.E. October 20, 2016 3 T:\2294-Corcoran\17-Lennar\Phase Schwalbe\Ravinia Schwalbe - Review Comments_1.docx 25. Identify and label all EOF locations and elevations. Review location of proposed EOF of the filtration basin for impact to adjacent property. 26. Verify minimum of 10-foot access routes for all general maintenance requirements for ponds, utilities, etc. Streets 27. Stub streets to have permanent traffic barriers per standard template as provided by City Engineer. 28. Review street grade design as it is currently proposed to drain northerly towards the adjacent property without any catch basins to collect the site drainage. At a minimum storm sewer structures and additional concrete curbing should be added to prevent surface water runoff from impacting the adjacent property. Coordinate with city engineer. 29. Verify vertical and horizontal curves meet typical standards including sight distance requirements. 30. Pedestrian ramps shall meet current ADA requirements and include information related to cross-slopes, approach grades, truncated dome orientation, and general layout. 31. Identify any proposed retaining wall locations. 32. Label draintile cleanout locations on the plans. 33. Install concrete sidewalk along the boulevard. 34. Provide pedestrian trail connection to CSAH-101. Plat 35. Verify easements over utilities, ponds, wetlands, etc. provide sufficient coverage for access and maintenance activities. 36. Verify 10-foot future trail easement along CSAH-101 to match the Ravinia Development. End of Comments 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE1-888-937-5150 s.f.0.24acres s.f.s.f.0.24acres +/-l.f. s.f.0.22acres s.f.s.f.0.22acres +/-l.f. s.f.0.24acres s.f.s.f.0.24acres +/-l.f. s.f.0.24acres s.f.s.f.0.24acres +/-l.f. s.f.0.22acres s.f.s.f.0.22acres +/-l.f. s.f.0.21acres s.f.s.f.0.21acres +/-l.f. s.f.0.31acres s.f.s.f.0.31acres +/-l.f. s.f.0.21acres s.f.s.f.0.21acres +/-l.f. s.f.1.89acres s.f.s.f.1.89acres s.f.0.18acres s.f.s.f.0.18acres +/-l.f. s.f.0.20acres s.f.s.f.0.20acres +/-l.f. s.f.0.32acres s.f.s.f.0.32acres +/-l.f. s.f.0.46acres s.f.s.f.0.46acres +/-l.f. s.f.0.34acres s.f.s.f.0.34acres +/-l.f. s.f.0.26acres s.f.s.f.0.26acres +/-l.f. s.f.0.20acres s.f.s.f.0.20acres +/-l.f. s.f.0.20acres s.f.s.f.0.20acres +/-l.f. s.f.0.19acres s.f.s.f.0.19acres +/-l.f. s.f.0.18acres s.f.s.f.0.18acres +/-l.f. s.f.0.18acres s.f.s.f.0.18acres +/-l.f. s.f.0.18acres s.f.s.f.0.18acres +/-l.f. s.f.0.23acres s.f.s.f.0.23acres +/-l.f. s.f.3.10acres s.f.s.f.3.10acres s.f.1.00acres s.f.s.f.1.00 acres s.f.6.00acress.f.s.f.6.00 acres Schwalbe Parcel Corcoran, Minnesota 261,3600261,360 TOTALGROSS AREA WETLAND AREANET AREA R/W 43,690043,690 GROSS AREA WETLAND AREANET AREA Lot 139,86009,86065.9 Total135,1250135,125 Lot 419,926 0 19,926 55 Lot 514,615 0 14,615 55 7,700 55 Lot 28,525 0 8,525 60.5 Lot 314,102 0 14,102 55 952-476-6000 BLOCK 1 Contact:David Pemberton Project #5401-676 Date August 31st, 2016 Contact:Joe Jablonski Sathre-Bergquist, Inc. 150 Broadway Ave. S. Wayzata, MN 55391 1000 Plymouth Road Plymouth MN 55446 Lennar of Minnesota Prepared by:Prepared for: 13,313 10,491 GROSS AREA NET AREA Lot 1 0 tel:tel: 9,078 82,545 10,491 9,710 10,587 60 9,078 82,545 Lot 8 Total 10,512 9,550Lot 5 Lot 6 Lot 7 0 0 0 0 0 0 0 90.7 57 60 WIDTH @ SETBACK 65.8 9,550 9,304 9,710 10,587 10,512 0 WETLAND AREA 57 58 Lot 2 Lot 3 Lot 4 Lot 611,232 0 11,232 59.3 Lot 78,872 0 8,872 58 9,304 13,313 60 BLOCK 2GROSS AREA WETLAND AREANET AREA WIDTH @ SETBACK Lot 17,700 0 Lot 88,626 0 8,626 58 Lot 98,183 0 8,183 58 Lot 127,632 0 7,632 55 Lot 107,908 0 7,908 59 Lot 117,944 0 7,944 59.6 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 Fax: 612-252-9077 www.landform.net Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC. TO: Corcoran City Council FROM: Kendra Lindahl, Landform D ATE: November 14, 2016 for the November 21, 2016 City Council Meeting RE: PUD Sketch Plan from James and Denise Nichols on property at 6315 County Road 101 (PID 36-119-23-11-0012) (City File 16-031) 60-DAY REVIEW DEADLINE:December 25, 2016 1.Application Request James and Denise Nichols have submitted a request for sketch plan review of 14 lots on a 5.2-acre parcel. The property has an existing single family home and accessory buildings that would be removed with this project. 2.Context Zoning and Land Use The property is guided Low Density Residential (which has density range of 3-5 units per acre) and zoned RSF-2 (Single Family Residential 2). The property would need to be rezoned to PUD, as there is no existing zoning district that allows the proposed 55-foot wide lots. The property is located in the Southeast District and is subject to the adopted Design Guidelines in Appendix B of the Zoning Ordinance. Surrounding Properties The properties to the west, south and north are guided Low Density Residential. The property to the north is zoned PUD and is developed as Ravinia 6th Addition. The property to the south and west are zoned RSF-2 and developed with single family homes on large lots. The property to east, across County Road 101, is developed as single family homes in the City of Maple Grove. 3.Analysis of Request Sketch Plan The sketch plan shows a subdivision to create 14 lots on this 5.2-acre parcel. The sketch shows removal of the existing driveway on County Road 101 and new access provided from Ravinia 6th on the north. Agenda Item: 9c. Nichols PUD Sketch Plan (16-031) 2 November 21, 2016 The existing RSF-2 zoning district requires a minimum lot size of 11,000 sq. ft. and a minimum lot width of 80 feet. The lots in the sketch plan range in size from 7,165 to 20,796 square feet and are 55 feet wide. The City does not have zoning district that allows lots this small or this narrow. The closest zoning district is the RSF-3 district, which requires a minimum lot size of 7,500 square feet and a minimum lot width of 65 feet. Consequently, the applicant will need to request a PUD to provide the flexibility in lot area and width. It is not clear at this time what the PUD benefits to the City would be, but the applicant would need to address that as part of a formal application. The project is adjacent to a portion of Ravinia 6th Addition where 65-foot wide lots are approved and Lennar has approval for 55-foot wide lots in Ravinia 4th Addition on the north side of the development. Natural Resources/Wetlands The Natural Resource Inventory Areas map adopted as part of the Comprehensive Plan shows low quality wetlands on this site. The site does have existing trees, but they are not noted as significant stands in the inventory. Building Architecture The applicant has not provided information about the potential buildings and has not identified a builder at this time. Staff has made them aware of the building standards in Section 1040.040, Subd. 8 and Section 1060.050 of the Zoning Ordinance and the Southeast District standards in Appendix B of the Zoning Ordinance. Building Setbacks PUD flexibility may be requested for setbacks. The setback requirements in the existing RSF-2 district are: From Major Roadways (County Road 101) = 100 feet From all other streets = 20 feet Front Porch (120 sq.ft. or less) = 15 feet Side (living) = 10 feet Side (garage) = 5 feet Rear = 30 feet It appears that the applicant may be asking for flexibility to allow a 25-foot rear yard setback. They also appear to be planning to take advantage of Section 1060.070, Subd. K, which allows developers to reduce the setback along CR 101 from 100 feet to 60 with the addition of landscaping. Landscaping A landscape plan has not been submitted at this time. A tree preservation plan will also need to be submitted for review and approval. The landscape plan must comply with the standards in Section 1060.070 of the Zoning Ordinance, which requires one overstory tree per unit requirement. Tree lined streets may be one benefit of the PUD. Nichols PUD Sketch Plan (16-031) 3 November 21, 2016 Utilities Municipal sewer and water are available to the site. As noted in the attached Engineer’s memo, sanitary sewer and water will be extended from the Ravinia property to the site. All utility facilities, including but not limited to telephone, CATV, natural gas and electric power, shall be located underground. Ponding/Drainage The proposed sketch plan identifies a stormwater management pond on the northwest portion of the site. The ponding must provide treatment and rate control. The ponds will need to be blanketed by drainage and utility easements. Transportation/Access The plans shows a single street connection (Larkspur Lane) stubbed to the south lot line. Staff reviewed this sketch plan at the DRC (development review committee) meeting and recommends that the sketch include a second street connection in the general location of Lot 11. This street connection would require a wetland crossing, but would allow for development of the land currently shown as Outlot B and would allow additional development options for adjacent properties. Staff notes that as part of the Ravinia PUD, the City required Lennar to provide a ghost plan for the properties in this area to ensure that adequate street connections could be provided should these landowners choose to develop. The ghost plat was simply a concept and no approvals were granted, but it did show both of these road connections. Staff believes that the wetland impacts of this street connection are more than offset by the potential to eliminate one cul de sac in the future development area and improve access to the neighborhood. The new streets are shown as a 28-foot wide street in a 50-foot right-of-way. This is consistent with what is being constructed in Ravinia. The Subdivision Ordinance requires street lights to be installed at all intersections and at other locations, as required by the City Engineer. All street lights within new subdivisions in the urban area shall be on ornamental poles with underground electrical service, and shall conform to City lighting standards. Signage No signage is being proposed at this time. If development signage is to be provided a signage plan with sign details must be submitted for review and approval with the preliminary plat. Signage must comply with the City Sign Ordinance in Chapter 84 of the City Code. Nichols PUD Sketch Plan (16-031) 4 November 21, 2016 Parks, Trails and Sidewalks The Comprehensive Plan includes the 2030 Parks & Trails Plan shows an on-road trail on County Road 101. Sidewalks are required on at least one side of each street. Sidewalks along local streets shall be a minimum of 5 feet wide. The sidewalk shall be extended from Ravinia on the west side of Larkspur Lane and a new sidewalk should be provided on one side of the other street within the development. Under the current ordinance, park dedication is required at 15% of the net pre-development area or 15% of the appraised value of the land for developments like this with between 3-5 units per acre. The City should generally accept park dedication in the form of land where shown on the maps; however, the City may choose to accept cash or a combination of cash and land. The City may accept cash-in-lieu of land at 15% of the value of the land. The City has an adopted fee schedule based on the City analysis of current land value. The 2016 fee schedule requires $3,970 per unit (14 x 3,970 = $55,580). The applicant shall be subject to the park dedication requirements in place at the time the final plat is released for filing. Next Steps If the City Council is supportive of the request, the applicant would proceed with the following next steps: Step 1: Rezoning to PUD, Preliminary Plat and Preliminary PUD Development Plan Step 2: Final PUD Development Plan, Final Plat and Development Contract Summary The sketch plan would be consistent with the City’s adopted Comprehensive Plan and City Code (including the Southeast District Design Guidelines). The applicant is responsible to show how the PUD standards would be met by the project. 4. Action The applicant is requesting comments on this sketch plan. Any comments given by the City are advisory in nature and non-binding. The applicant will consider the comments from the City when they prepare their formal submittal. Attachments a. Aerial Location Map b. City Engineer’s Memo dated November 9 2016 c. Applicant’s narrative d. Sketch Plan graphics Date: 11/15/2016 Hennepin County Natural Resources Map Legend FEMA Floodplains - 100Year A AE FLOODPLAIN AH AO AE FLOODWAY Ecologically Significant Areas Natural Resource Corridors Wetlands Potential Wetland - HCWI Probable Wetland - HCWI Probable Wetland - NWI Comments:¯PID: 3611923440012 Address: 6351 CO RD NO 101, CORCORAN Owner Name: J O NICHOLS & D L NICHOLS Acres: 5.24 1 inch = 400 feet This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2016 Engineer’s Memo Wenck Associates, Inc. | 1800 Pioneer Creek Center | P.O. Box 249 | Maple Plain, MN 55359-0249 Toll Free 800-472-2232 Main 763-479-4200 Email wenckmp@wenck.com Web wenck.com - To: Kendra Lindahl, City Planner From: Kent Torve, City Engineer Date: November 9, 2016 Subject: Nichols Concept Review Background The sketch plan dated 0ctober 16 was reviewed for engineering items and resulted in following comments Ravinia Ghost Plat The Nichols street concept differs from the Ravinia ghost plat of the area. Staff agreed that the street connection through Lot 11 should also be constructed with Nichols development. Both roads should be constructed to south property line. Easterly Road Termination A temporary cul de sac is required or other approved turnaround 50-foot radius is required. City requirement is 50 feet, unless the applicant owns the property of the next phase. For example in Ravinia, the radius is reduced to 40 feet. Obtaining additional easement from the adjacent property owner to achieve the required radius is also an option. Sewer Service Elevations Submit conceptual sewer elevations for the entire SE area (as covered in ghost plat) and the connection into Ravinia 6th invert. Narrative 6351 County Road 101 Corcoran Jim and Denise Nichols We are submitting the following narrative in order to be considered for re- zoning of our property mentioned above. The current zoning is RSF2. We are seeking PUD. With regards to that we are requesting lot size flexibility and different set backs. Specifically, we are proposing 7,824 to 20,796 s.f. With lot widths of 55 ft and rear of 25 ft. We would like to be able to utilize the 14 lots per concept sketch. We envision detached one level walk out homes. With square footage from 2,000 plus, 2 car garages with possible 3 car garage. These detached type villas would look very similar to the neighboring Ravinia, Weston and Lindbergh models, which are one level walk outs. These homes would compliment the Ravinia development to the north of our property and flow very nicely into Corcoran's future development. The 2 existing ponds that we put on the property, which already enhance wildlife, makes for a very nice nature feel to the proposed development. The rezoning to PUD would have a very minor impact to the traffic flow through Ravinia, until something is done to the adjacent properties in the near future. The use of the PUD would have a positive environmental impact. Using the most available land as possible. We plan to leave as many trees as possible. We believe that this added community to the City of Corcoran will be a benefit. 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 Fax: 612-252-9077 www.landform.net Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC. TO: Corcoran City Council FROM: Kendra Lindahl, Landform D ATE: November 14, 2016 for the November 21, 2016 City Council Meeting RE: Updated Development Rights Map (City file 16-023) 60-DAY REVIEW DEADLINE:NA 1.Background On September 22nd, the Council directed staff to update the development rights map. The map is used to determine how many development rights are available for landowners who wish to subdivide the property. In the urban area, development rights only apply until municipal sewer and water are available. When municipal sewer and water become available, the land will be subject to a minimum lot size requirement rather than development rights. However, the development rights are the primary tool for determining development density UR (Urban Reserve) and RR (Rural Residential) zoning districts. The development rights map is a very important tool for development in the community. The map was updated from a handwritten version to a digitized version in 2003. Unfortunately, due to changes in staff, limited planning budgets and other priorities, the map has not been updated since 2006. As part of the update, staff: 1.Updated the underlying base map with current Hennepin County data. 2.Reviewed all of the subdivisions that have occurred since 2006 in order to determine how development rights have been used in the last 10 years. 3.Reviewed all circumstances where staff has been provided viable information from residents indicating properties where the map is in error. 4.Created an updated Development Rights Map. 2.Requested Action None. Council should accept the new map as informational item. It will be made available on the City website and at city hall. Attachments a.2016 Development Rights map Agenda Item 9d. $ $ $ $ $ $ $ $ ROADSCHUTTE GLEASON ROAD JUBERT LAKE MEISTER ROAD OLD SETTLERS RD HORSESHOE TRAIL STIEG RD WILLOW DRIVE TRAIL HAVEN ROAD CAIN ROAD O A K D A L E D R STREHLER ROAD PIONEER TR COUN TY R OAD 117 ROLLLING HILLS RD LARKIN RD TOWNSHIP OF HASSAN CITY OF GREENFIELD CITY OF MAPLE GROVE SCOTT LAKE BECHTOLD ROAD MORINLAKE GOOSELAKE COOKLAKE RUSH CREEK 3 5 4 4 7 4 3 3 9 13 8 8 8 8 3 8 3 8 8 8 3 3 8 3 3 8 4 8 13 3 8 8 3 8 8 3 8 8 3 8 8 8 7 8 8 11 12 8 7 7 7 12 7 3 7 1277 2 8 7 3 2 4 7 2 7 7 2 5 2 8 8 7 77 1 10 6 3 5 6 6 7 6 6 6 10 5 6 2 6 2 2 2 2 2 5 5 2 2 4 5 5 1 45 4 1 4 1 4 4 1 1 4 4 41 1 4 1 1 4 4 4 1 4 1 4 4 4 4 4 4 4 4 1 3 4 6 4 2 1 4 1 4 3 4 4 1 3 1 4 1 4 4 1 6 4 4 1 4 4 3 1 3 1 3 1 2 3 1 3 1 2 3 1 2 4 3 1 42 1 1 2 1 2 2 1 1 2 1 1 11 1 1 2 1 1 2 2 2 1 1 1 2 2 2 2 2 1 2 1 2 1 1 3 1 4 3 2 2 1 1 1 2 2 1 1 2 1 1 10 19 30 55 50 116 117 101 Developmen t Righ ts Map* 4 3,000 0 3,0001,500 Feet 2030 Metropolitan Urban Service Area Parcels Enrolled in the Ag Preserve Program Parcels City ofCORCORAN Current as of N ovember 11, 2016 *Existing vacant lots of record which show no building rights may have one building right remaining. Please confer with the City Planner to confirm the actual number of building rights. STAFF REPORT Agenda Item 11a. Council Meeting: November 21, 2016 Prepared By: Director Matt Gottschalk Topic: Fire Service Study Action Required: Direction Summary: The City of Corcoran currently contracts with three fire departments to serve the community. The existing arrangement provides the City with excellent service and value. Unfortunately, based on the location and capabilities of the fire departments, nearly every location in the City currently receives a relatively high ISO Fire Suppression Rating System (FSRS) rating. This rating directly correlates to higher insurance costs. This is very common in rural areas since one of the key components for any rating below the highest tier is a fire station within 5 miles specifically contracted to serve that address. Planning discussions have taken place with the current fire departments and they are taking the necessary steps within their power to facilitate continued service for the immediate future. The existing FSRS ratings do not have an immediate solution. Staff presented on the City’s ISO ratings at the May 11, 2015 meeting. With the changes in our community service expectations and requirements will inevitably change. The concern is that once a municipality determines that a ch ange in fire service is necessary any change that needs to occur generally takes several years to implement, at which point the cities remain behind due to continually changing conditions. With the current growth projections for the City, strong consideration needs to be given to the continuity of service and fire service capabilities. In the future, high FSRS ratings could inhibit growth, especially in commercial and industrial areas. Changes in fire services also become extremely political in nature and many cities have a history of making poor fire service decisions based on political and social pressures rather than seeking out empirical and statistical data. Benchmarks for action need to be established so that the City remains properly positioned to app ropriately manage fire services without waiting until problems surface that could take years of planning and unnecessary debt to resolve. Staff is recommending that the Council direct staff to publish a Request for Proposals (RFP) to conduct a Fire Service Study for the City of Corcoran. The goal of this study would be to provide a growth plan for fire services in the City by establishing benchmarks indicating when the City should take action on: 1. Continuation of contracted services, 2. Consideration of necessary infrastructure, building, and equipment improvements or purchases, 3. Locations of any infrastructure, building, and/or equipment; and Staff Report—November 21, 2016 Council Meeting Prepared by Director Gottschalk Page 2 4. Consideration of City volunteer or professional staffing changes. This study would provide the Council with empirical and statistical data used to establish benchmarks generated by an independent source in order to make fire service decisions in the best interest of the community. This study will help determine the most fiscally responsible way to proceed without sacrificing community safety, inhibiting growth, or making unnecessary improvements. This study is not intended to direct the City away from any current contracts or service providers. Staff has contacted the League of Minnesota Cities and the Minnesota State Fire Marshal’s Office. Both indicated that this type of study would be beneficial for the City and shared the names of several companies that had conducted similar studies in the past. Staff researched the availability of grant funds for this study and unfortunately none exist at this time. Financial/Budget: The cost of publishing the RFP will be marginal and would involve a small amount of staff time. The cost of the study is anticipated to be in the $15,000 -$25,000 range. Staff recommends the Council consider using the Long-Range Planning Fund or earmarking a portion of the 2016 surplus for the study. Alignment with Values: This item relates to the following adopted values: EXCELLENCE AND QUALITY IN THE DELIVERY OF SERVICES We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional, cost-effective, and friendly manner. FISCAL RESPONSIBILITY We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. TREATING THE CITIZEN AS OUR CUSTOMER We believe that citizens are our customers and should be treated with courtesy, respect, and deserve the best services we can provide. PROFESSIONALISM We believe that continuous improvement is the mark of professionalism and are committed to applying this principle to the services we offer and the development of our employees. Options: 1. Direct staff to publish a Request for Proposal for a Fire Service Study in Corcoran. 2. Direct staff to wait to see if grant funding becomes available for the study. Staff Report—November 21, 2016 Council Meeting Prepared by Director Gottschalk Page 3 3. Provide staff with other direction for future fire service planning in the City. Recommendation: 1. Direct staff to publish a Request for Proposal for a Fire Service Study in Corcoran. Council Action: Direct staff to publish a Request for Proposal for a Comprehensive Fire Service Study in Corcoran or provide staff with other direction for fire service planning in the City. Attachments: None STAFF REPORT Agenda Item 11b. Council Meeting: November 21, 2016 Prepared By: Lieutenant Ryan Burns Topic: Dynaforms Module for LETG Action Required: Direction Summary: Corcoran Police has been considering more efficient ways to manage our paper records that officers fill out in the field. After considering several options, LETG Dynaforms was the clear choice. Dynaforms was the only option that integrates with our existing records management system. LETG Dynaforms is a separate module that can be embedded in our police records management system. This module allows officers in the field to fill out forms and have the information and form automatically upload into our records management system. This module will replace almost all paper forms officers are required to fill out in the field. Example: Deer hit permit- Now officers fill out a paper copy, hand one over to the driver, and mail one off to the DNR. Dynaforms- Officers select from drop downs to complete the form, merge the form into records management, the form is then emailed to the DNR Financial/Budget: The department intends to fund the Dynaforms program and transition with forfeiture funds, not the general fund. This fund is statutorily regulated. Money spent from this fund must be used for specific peace officer training, equipment, or technology upgrades. This expenditure fits into this category. Annual license fees will be paid from the general fund with the annual LETG license payment. LETG Dynaforms $4860 Annual license and support $765 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 purchase the Dynaforms module. 2. Purchase Dynaforms at a future date. 3. Take no action at this time. Recommendation: 1. Authorize Staff to purchase the Dynaforms module. Council Action: Consider a motion to approve the purchase of the Dynaforms module for LETG. Attachments: 1. LETG Sales order 2017 10/13/2016 Corcoran Police Department Great Plains ID:MN194 Matt Gottschalk (763) 400-7001 mgottschalk@ci.corcoran.mn.us Dean Gutzke Qty Sales Category Item Description Unit Price Qty*Unit $Extended Price Project Additions: 6 Software LETG Mobile Dynaforms II 750.00$ 4,500.00$ (500.00)$ 4,000.00$ 1 Services Professional Services 360.00$ 360.00$ 360.00$ 4 Services System Admin Training and Configuration (remote)125.00$ 500.00$ 500.00$ 4,860.00$ 4,860.00$ 4,860.00$ Issued by:4509 W 58th St Contact info:Sioux Falls, SD 57108 Sales Tax: Any estimated sales and/or use tax has been calculated as of the date of Change Order and is provided as a convenience for budgetary purposes. LETG reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing, at the then current rates. Your organization must provide LETG with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction, when your order is placed, if you are exempt from sales tax. Law Enforcement Technology Group Attn: AR letgAR@zuerchertech.com Total: Remit Payments to: Law Enforcement Technology Group Project Payment Terms: Net 30 days from date of invoice Total Payments: Summary Information & Project Notes Terms and Conditions Yearly maintenance is $765 per year. First year maintenance will be invoiced upon Go Live at a pro- rated amount through December 31, 2016. Thereafter, maintenance shall be due annually on January 1 and shall increase by an amount not to exceed 5% from the prior year Send Purchase Orders to: Proposed Change Order is valid for 60 (sixty) days. Software License Terms: The LETG Software is licensed for use by Client in accordance with the software licensing terms of the System Purchase Agreement or other LETG license agreement currently in effect between LETG and Client. Acceptance for the LETG Software may be defined in the applicable Statement of Work ('SOW'), if not, the Software licenses shall be deemed accepted on delivery. The annual Software Support Services for the LETG Software licenses are provided for a prorated period from the date of go live and then for period of twelve-months every January 1 thereafter and shall be governed by the existing Software Support Agreement currently in effect between LETG and Client. Corcoran, MN 55340 Contact Phone:Ship to: Contact Email Address: Client Contact: Project Manager Project Products & Services Account Executive: Sales Order Date: Client Purchase Order Date General & Client Information Client Name:Bill to: System Description: 8200 County Road 116 Client Purchase Order # 2017 10/13/2016 Sales Order Date: General & Client Information Purchase Order required and attached, reference PO#___________________ on invoice No Purchase Order required to invoice Please check one of the following: I agree to pay any applicable sales tax. I am tax exempt. Please contact me if LETG does not have my current exempt information on file. Corcoran Police Department Client Agency/Entity Name Print Name Title Client Authorized Representative Signature Date Client Authorized Representative General Terms: The items in this Change Order are based upon meetings and communications with the Client and unless attached to a contract form the entirety of the deliverables from LETG. The LETG Software license price does not include any services for installation. Services, if applicable are listed as separate line items. The scope of Deliverables for this order will be limited to the LETG Software, Services, and Support, and if applicable third party items (collectively the “System”) that are explicitly listed herein for the listed quantities. Changes in the scope of certain components of the System may impact the cost and timelines for other areas of the Project. All services will be performed during normal business hours, unless otherwise stated in this Change Order for specific service deliverables. LETG reserves the right to adjust this Change Order as a result of changes including but not limited to project scope, deliverables( LETG Software, or third party software or hardware, including changes in the hardware manufacturer’s specifications), services, interface requirements, and Client requested enhancements. Accepted for Client By signing below, you are indicating that you are authorized to obligate funds for your organization. To activate this change order, check the appropriate box below and, either, (I) attach a copy of this change order to your purchase order when it is remitted to LETG or, (ii) if no additional authorizing paperwork is required for your organization to accept and pay an invoice, sign below and email to LetgAR@zuerchertech.com to indicate your acceptance. STAFF REPORT Agenda Item 11c. Council Meeting: November 21, 2016 Prepared By: Brad Martens, Jessica Beise Topic: Conditional Offer –Accountant Action Required: Approval Summary: At the October 13, 2016 City Council meeting, a job description was updated and staff was authorized to proceed with the recruitment process for the position of accountant. Since that time, the position was advertised and staff has been reviewing candidates. A total of 40 applications were received of which the top thirteen candidates were interviewed on November 15th and 17th. The second round interviews are scheduled for Monday, November 21st and staff anticipates that a preferred candidate will be selected. If a preferred candidate is selected, staff will bring a conditional offer to the City Council for approval at the November 21st meeting. The conditional offer will be subject to confirmation of employment history, satisfactory professional reference checks, satisfactory background check, and confirmation of educational credentials. The conditional offer as well as a brief summary of the candidate will be sent to the Council in advance of the meeting. Financial/Budget: The details of the contingent offer will include items related to salary and benefits. 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. Approve a conditional offer with the preferred candidate as presented at the meeting. 2. Send back to staff for further review. Page 2 Recommendation: Staff will negotiate in good faith with the candidate in a manner that protects the finances of the City while providing adequate financial compensation for the work required of the position. Staff will recommend approval of the conditional offer as presented at the meeting. Council Action: Consider a motion to approve a conditional offer with the preferred candidate as presented at the meeting. Attachments: N/A City of Corcoran 2016 City Council Schedule Agenda Item 12. December 8, 2016 • Financial Performance Report • Truth-in-Taxation Hearing • Predatory Offender Ordinance • 2017 Water and Sanitary Sewer Budget • Closed Session - City Administrator Performance Evaluation • Employee Handbook Update • Easement Purchase Agreement – 20000 County Road 10 December 19, 2016 MONDAY • Planning Project Update • Code Compliance Report • Ordinance Amendment for Dynamic Signs in MP District • Lennar Ravinia 7th Addition PUD Amendment • IUP for Solar • 2016 Year in Review • 2017 Fee Schedule • 2017 General Fund Budget and Property Tax Levy • 2017 Full-time, Part-time, and Seasonal Wage Schedule • 2017 Water and Sanitary Sewer Budgets