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Home My WebLink About2017-02-23 Council Agenda PacketCITY OF CORCORAN *Includes Materials - Materials relating to these agenda items can be found in the House Agenda Packet by Door. Corcoran City Council Agenda February 23, 2017 - 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 February 9, 2017 Council Meeting* b.BCA Master Joint Powers Agreement * c.Resolution 2017-05 - Accepting a Donation from Daniel and Mary Mullin* 7.Claims as Presented a.Escrow Claims (Fund #500)* b.All Other Financial Claims* 8.Staff Reports / Memos / Commissions a.Commission Representatives* b.Planning Project Update* c.Code Compliance Report* d.Planning Commission Report – Meredith Wu* e.Parks and Trails Commission Report – Tom Anderson* f.Safe City Recognition* 9.Planning Business a.Preliminary Plat Extension Request – Sawgrass* 10.Unfinished Business 11.New Business a.Hackamore Road/Steeple Chase Lane Connection Project* b.Water System Extension Project – Western Water Loop* c.2017 Capital Improvement Plan Purchases* d.Fire Service Comprehensive Growth Plan RFP* e.Planning Commission Appointment* f.Parks and Trails Commission Appointments* g.Job Offer – Accountant* 12.2017 Council Schedule* 13.Council Liaison Calendar Planning Commission 3/2/17 4/6/17 5/4/17 6/1/17 7/6/17 Dejewski LaFave Keefe Thomas Bottema Parks and Trails Commission 3/21/17 4/18/17 5/16/17 6/20/17 7/18/17 LaFave Keefe Thomas Bottema Dejewski 14.Adjournment OPEN FORUM SIGN -IN SHEET Meeting R (I- Date Nan �e ) Address Phone 7\j c5 Page 1 of 1 a �5 �� s y 1, _b. ,:� i:�.�.. � "� � =�'� ,� .. _. � y � T1 �` � �. . ;_ �� - - ,� .��i K 4 i.. '� {• 4 ` 1 _ � i� 4 �� t �1 .�. ' "� � . _� �, s ,; a! _ .. t�, � �� ` f 4,1s, i f• ;I,I -i +�'fr'` III yT ,4.i: ; I� p j .a . J��'jrrtr' ' 1 I �!I • ryt. i •, c i � ,, -. �, ' •� 1, :.�. Y J� TV, .. CITY OF CORCORAN City Council Meeting Minutes February 9, 2017 - 7:00pm The Corcoran City Council met on February 9, 2017 at City Hall in Corcoran, Minnesota. Present were Mayor Thomas, Councilor Bottema, Councilor Dejewski, and Councilor Keefe. Councilor LaFave was excused. Also present were City Administrator Martens, City Clerk/Administrative Services Coordinator Beise, and Director of Public Safety Gottschalk. 1.Call to Order / Roll Call Mayor Thomas called the meeting to order at 7:00 pm. 2.Pledge of Allegiance Mayor Thomas invited all in attendance to rise and join in the Pledge of Allegiance. 3.Agenda Approval Mayor Thomas suggested moving the presentation prior to open forum. MOTION: made by Bottema, seconded by Dejewski to approve the agenda as amended with holding the presentation from Senator Osmek prior to open forum. Voting Aye: Thomas, Bottema, Dejewski, and Keefe (Motion carried 4:0) 4.Presentations a. Senator Dave Osmek Senator Osmek addressed the Council on the current legislative session. Senator Osmek took questions related to his small cell technology bill, transportation issues, and energy issues. 5.Open Forum John Dahl, 6330 Willow Drive, addressed the Council related to the Regional Recreation Amenity. Specifically Mr. Dahl addressed concerns with the facility, purchase price, debt and location. Dorothy Thies, 9530 Cain Road addressed the Council related to the Regional Recreation Amenity. Specifically Ms. Thies addressed concerns with the purchase, public input, size of the facility, debt service, funding of alternative projects such as a fire station or well, and the location. Bonnie Maue, 7450 Kalk Road, addressed the Council related to the Gambling Fund Allocation policy. Specifically Ms. Maue asked the City Council to consider allocating funds for the Burschville School and the North Hennepin Pioneer Society as there are limited fundraising opportunities. Ms. Maue also expressed concerns related to the Regional Recreation Amenity. 6.Consent Agenda a.Draft Minutes of the January 26, 2017 Council Meeting b.Predatory Offender Ordinance Update Mayor Thomas noted that there was a clerical error in the predatory offender ordinance. MOTION: made by Bottema, seconded by Keefe to approve the consent agenda as presented. Voting Aye: Thomas, Bottema, Dejewski, and Keefe (Motion carried 4:0) 7.Claims as Presented a. Escrow Claims (Fund #500) MOTION: made by Keefe, seconded by Bottema to approve escrow claims as presented. Voting Aye: Thomas, Bottema, Dejewski, and Keefe (Motion carried 4:0) b.All Other Financial Claims 6a. MOTION: made by Keefe, seconded by Dejewski to approve all other claims as presented. Voting Aye: Thomas, Bottema, Dejewski, and Keefe (Motion carried 4:0) 8. Staff Reports / Memos/Commissions a. Commissioner Representatives Mayor Thomas noted Planning Commissioner Theis and Parks and Trails Commissioner Strehler were in attendance. b. Newly Elected Official Training Report Councilors Dejewski and Bottema provided an update of the highlights of the Newly Elected Official Training which they recently attended. 9. Planning Business No planning business was presented. 10. Unfinished Business a. Draft Assessment Policy City Administrator Martens presented the report noting the options related to the deferred assessments and overlays. Council discussed deferred assessment for building rights, mill and overlays, consideration of the maintenance, utilizing the lowest value of benefit for the project, and the ninety percent of the median value of the benefit noted in the policy. Council provided feedback to insert the language option two for deferred assessments and leave the remaining language as proposed, per the discussion. Per consensus, staff was directed to update the assessment per the discussion and begin the legal review. b. Gambling Fund Allocation Policy City Administrator Martens presented the report outlining that staff recommends limiting these activities and facilities for youth. Council discussed the current process, expanding the scope, limiting the scope, the number of requests, and the creation of the ordinance. Per consensus, the Council did not take action to create a gambling fund policy. c. Regional Recreation Amenity City Administrator Martens presented the report noting the timeline, current costs, and options for action. Council discussed financial impacts, appraisals, location, public support, and needs for park facilities. MOTION: made by Bottema, seconded by Dejewski to take no action at this time. Voting Aye: Thomas, Bottema, Dejewski, and Keefe (Motion carried 4:0) 11. New Business a. Code Enforcement Procedures and Goals City Clerk/Administrative Services Coordinator Beise presented the report outlining current practices and options for code enforcement. Council discussed being more assertive, complaint based, signs in the right-of-way, and weed violations. Council inquired about mental health considerations. City Administrator Martens noted that the Courts make determinations of mental health and the City works with individuals to find creative solutions. Council discussed utilizing feedback to create a policy and Council discussed issuing two letters and issuing a citation after the deadline has past. City Administrator Martens noted that he envisioned staff utilizing the feedback of council, testing the most assertive approach and creating a policy to bring back to Council for approval. Council discussed removing the complaint based program language and signs in the right-of-way. MOTION: made by Keefe, seconded by Dejewski for option two as presented in the staff report, without the complaint based program language. Voting Aye: Thomas, Bottema, Dejewski, and Keefe (Motion carried 4:0) b. Bring Your Own Device Policy City Administrator Martens presented the report noting in 2016 there was some interest in moving towards electronic packets and that staff would need to create a policy when monies are involved. Council discussed electronic packets, optional use of electronic devices, links in the electronic packet to different agenda items, and budgeting. MOTION: made by Dejewski, seconded by Keefe to make a stipend of $50.00 available to Councilmembers for the use of electronic devices for Council packets. Voting Aye: Thomas, Dejewski, and Keefe Abstain: Bottema (Motion carried 3:0) c. Elm Creek Watershed Commission Appointment City Administrator Martens noted that Sharon Meister has applied to serve on the Elm Creek Watershed Commission. MOTION: made by Keefe, seconded by Dejewski to appoint Sharon Meister as Corcoran’s representative to the Elm Creek Watershed Commission. Council discussed providing emails for commissioners and providing direction to the Watershed Commissioner. Voting Aye: Thomas, Bottema, Dejewski, and Keefe (Motion carried 4:0) d. Economic Development Authority Discussion Councilmember Bottema asked to discuss Economic Development Authority (EDA) and noted he completed research on other cities’ EDAs. Council discussed bring this discussion forward to the goal setting session. e. Deferment of Fees Due Request City Administrator Martens presented the reporting noting that the City received a request to create a new agreement for a property to be assessed the fees related to connection fees due to a proposed sale. Council discussed allowing a new agreement to be drafted. Per consensus, Council directed staff to draft a new agreement upon sale or purchase agreement. 12. 2017 Council Schedule City Administrator Martens reviewed the upcoming schedule. Council discussed the Sundance Paving Petition. Councilor Dejewski can’t attend the March Planning Commission meeting, Councilors noted they would review schedules and follow up with staff on availability. Council confirmed the start time for the Goal Setting Sessions are 5:00pm. 13. Council Liaison Calendar The Council liaison calendar was not reviewed, but was available in the Council Packet. 14. Adjournment MOTION: made by Dejewski, seconded by Keefe to adjourn. Voting Aye: Thomas, Bottema, Dejewski, and Keefe (Motion carried 4;0) Meeting adjourned at 9:04pm. ________________________________ Jessica Beise – City Clerk/Administrative Services Coordinator STAFF REPORT Agenda Item 6b. Council Meeting: February 23, 2017 Prepared By: Matt Gottschalk, Jessica Beise Topic: BCA Master Joint Powers Agreement Action Required: Resolution Approving Joint Powers Agreement and Court Amendment Summary: The Minnesota Bureau of Criminal Apprehension (BCA) is statutorily required to provide a criminal justice data communications network to law enforcement agencies in Minnesota, also known as (CJDN). Use of this data is necessary for day to day law enforcement operations. The resolution and Joint Powers Agreement with the BCA is required for network access. The Court Amendment allows the Police Department to access and submit to Court Records through the BCA system. Financial/Budget: The annual fees for this agreement are $180.00 and the BCA is the only entity that provides this service in the state. 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. Council Action: Adopt Resolution 2017-04 Approving State of Minnesota Joint Powers Agreements with the City of Corcoran on Behalf of its City Attorney and Police Department. . Approve State of Minnesota Joint Powers Agreements with the City of Corcoran on Behalf of its City Attorney, Police Department and Prosecuting Attorney. Approve Court Data Services Subscriber Amendments to the Criminal Justice Data Network Subscriber Agreement for the Corcoran Police Department and Corcoran’s Prosecuting Attorney. Attachments: 1. Memorandum from Dawn Speltz of Carson, Clelland & Schreder Staff Report—May 12, 2016 Council Meeting Prepared by Director Gottschalk Page 2 2. Resolution 2017-04 - Approving State of Minnesota Joint Powers Agreements with the City of Corcoran on Behalf of its City Attorney and Police Department 3. Joint Powers Agreement with the BCA and Corcoran Police Department 4. Joint Powers Agreement with the BCA and Corcoran’s Prosecuting Attorney 5. Corcoran Police Department Court Data Services Subscriber Amendment to the Criminal Justice Data Network Subscriber Agreement 6. Corcoran’s Prosecuting Attorney Court Data Services Subscriber Amendment to the Criminal Justice Data Network Subscriber Agreement MEMORANDUM TO: Brad Martens and Jessica Beise Corcoran City Staff FROM: Dawn Speltz Carson, Clelland & Schreder RE: E-Charging JPA & Court Services Amendment Renewal DATE: 2/17/2017 Dear Brad and Jessica, Approximately 5 years ago a joint initiative was launched between the Bureau of Criminal Apprehension (BCA), State Court Administration, prosecuting attorneys, and police departments to establish a system of electronic charging (e-charging) for criminal offenses. The e-charging process allows cases to be submitted electronically by police departments to the prosecuting agency (our offices) for review and consideration of charges. Upon charging, the case is then sent electronically back to the police department for approval and then submitted to the court for entry. The Bureau of Criminal Apprehension (BCA) provides the computer network to facilitate this process. Access to this network is granted through the execution of a Joint Powers Agreement. Statutorily there are presently Joint Powers Agreements in place between the City on behalf of the city attorney and the police department which are now set to expire. Minnesota Statutes restrict the duration of Joint Powers Agreements to 5 year terms and therefore we will be required to sign new Joint Powers Agreements on a 5 year cycle. We have prepared a proposed resolution approving the continuation of the Joint Powers Agreements for the Council’s consideration and approval. I am requesting that the attached resolution be approved by the City Council and that the Mayor and City Clerk sign the attached agreements. There are four agreements—two master JPAs and two Court Amendment Agreements. One set is for our office as the Prosecuting Attorney and the other is on behalf of the Police Department. While these documents look similar in form, please note that they are separate agreements on behalf of the Police Department and the Prosecuting Attorney. We ask that this be put on the agenda for a February meeting as the current Joint Powers Agreements will be expiring soon. If you have any questions or concerns about this please do not hesitate to let either myself or John Thames from my office know and we will be happy to answer any questions. Thank you for your attention to this matter. Sincerely, Dawn Speltz City of Corcoran February 23, 2017 County of Hennepin State of Minnesota RESOLUTION NO. 2017-04 Page 1 of 2 Motion By: Seconded By: RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF CORCORAN ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Corcoran on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State’s criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Corcoran, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Corcoran on behalf of its Prosecuting Attorney and Police Department, are hereby approved. 2. That the Director of Public Safety, Matt Gottschalk, or his successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. 3. That the Prosecuting Attorney, John Thames, or his successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. 4. That Ron Thomas, the Mayor for the City of Corcoran, and Jessica Beise, the City Clerk/Administrative Services Coordinator, are authorized to sign the State of Minnesota Joint Powers Agreements. VOTING AYE VOTING NAY Thomas, Ron Thomas, Ron Bottema, Jon Bottema, Jon Dejewski, Brian Dejewski, Brian Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya City of Corcoran February 23, 2017 County of Hennepin State of Minnesota RESOLUTION NO. 2017-04 Page 2 of 2 Whereupon, said Resolution is hereby declared adopted on this 23rd day of February, 2017. ________________________________ Ron Thomas - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk/Administrative Services Coordinator SWIFT Contract # 108225 MN0273100 1 STATE OF MINNESOTA JOINT POWERS AGREEMENT AUTHORIZED AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ("BCA") and the City of Corcoran on behalf of its Police Department ("Agency"). Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in those agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to access these data in support of its official duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency’s equipment to access the BCA’s systems and tools. This is generally accomplished by an individual user entering a query into one of BCA’s systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA’s systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-computer system interface occurs when Agency’s computer exchanges data and information with BCA’s computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA’s systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. SWIFT Contract # 108225 MN0273100 2 2.4 Agency policies. Both the BCA and the FBI’s Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre- employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency’s employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://app.dps.mn.gov/cjdn. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://dps.mn.gov/divisions/bca/bca- divisions/mnjis/Documents/BCA-Policy-on-Appropriate-Use-of-Systems-and-Data.pdf. 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency’s written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA’s transaction record meets FBI-CJIS requirements. When Agency’s method of access is a computer to computer interface as described in Clause 2.2C, the Agency must SWIFT Contract # 108225 MN0273100 3 keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that are kept by the Agency. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA’s request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency’s access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor personnel screening. The BCA will conduct all vendor personnel screening on behalf of Agency as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3 Payment The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn. Stat. § 299C.46 as specified in this Agreement. The bills are sent annually for the amount of One Hundred Eighty Dollars ($180.00). Agency will identify its contact person for billing purposes, and will provide updated information to BCA’s Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, or her successor. The Agency's Authorized Representative is Matt Gottschalk, Director of Public Safety, 8200 County Road 116, Corcoran, MN 55340, (763) 420-8966 , or his/her successor. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. SWIFT Contract # 108225 MN0273100 4 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency’s liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency’s books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Agency’s records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency’s records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause, “Individual User” means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber SWIFT Contract # 108225 MN0273100 5 Amendment. None of these provisions alter the Agency’s internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User’s access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual User’s access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User’s access to systems or tools than that made by Agency and BCA’s determination controls. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA’s satisfaction. If Agency’s failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency’s Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30 days’ written notice to the other party’s Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party’s authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue. SWIFT Contract # 108225 MN0273100 6 The parties indicate their agreement and authority to execute this Agreement by signing below. 1. AGENCY Name: Ron Thomas__________________________________ (PRINTED) Signed: ____________________________________________ Title: Mayor________________________________________ (with delegated authority) Date: ______________________________________________ Name: Jessica Beise__________________________________ (PRINTED) Signed: ____________________________________________ Title: City Clerk/Administrative Services Coordinator________ (with delegated authority) Date: ______________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: ______________________________________________ Date: _____________________________________________ SWIFT Contract # 120729 MN027381A 1 STATE OF MINNESOTA JOINT POWERS AGREEMENT AUTHORIZED AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ("BCA") and the City of Corcoran on behalf of its Prosecuting Attorney ("Agency"). Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in those agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to access these data in support of its official duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency’s equipment to access the BCA’s systems and tools. This is generally accomplished by an individual user entering a query into one of BCA’s systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA’s systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-computer system interface occurs when Agency’s computer exchanges data and information with BCA’s computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA’s systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. SWIFT Contract # 120729 MN027381A 2 2.4 Agency policies. Both the BCA and the FBI’s Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre- employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency’s employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://bcanextest.x.state.mn.us/launchpad/. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://dps.mn.gov/divisions/bca/bca- divisions/mnjis/Documents/BCA-Policy-on-Appropriate-Use-of-Systems-and-Data.pdf. 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency’s written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA’s transaction record meets FBI-CJIS requirements. When Agency’s method of access is a computer to computer interface as described in Clause 2.2C, the Agency must SWIFT Contract # 120729 MN027381A 3 keep a transaction record sufficient to satisfy FBI-CJIS requir ements and permit the audits described in Clause 7 to occur. If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that are kept by the Agency. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA’s request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency’s access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor personnel screening. The BCA will conduct all vendor personnel screening on behalf of Agency as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3 Payment The Agency understands there is a cost for access to the criminal justice data communications network described in Minn. Stat. § 299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible for the cost of access. Agency will identify the third party and provide the BCA with the contact information and its contact person for billing purposes so that billing can be established. The Agency will provide updated information to BCA’s Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, or her successor. The Agency's Authorized Representative is John Thames, City Attorney, 6300 Shingle Creek Parkway, Suite 305, Minneapolis, MN 55430, (763) 561-2800, or his/her successor. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. SWIFT Contract # 120729 MN027381A 4 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency’s liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency’s books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Agency’s records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency’s records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause, “Individual User” means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Agency’s internal discipline processes, including those governed by a SWIFT Contract # 120729 MN027381A 5 collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User’s access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual User’s access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User’s access to systems or tools than that made by Agency and BCA’s determination controls. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA’s satisfaction. If Agency’s failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency’s Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30 days’ written notice to the other party’s Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party’s authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue. SWIFT Contract # 120729 MN027381A 6 The parties indicate their agreement and authority to execute this Agreement by signing below. 1. AGENCY Name: Ron Thomas__________________________________ (PRINTED) Signed: ____________________________________________ Title: Mayor________________________________________ (with delegated authority) Date: ______________________________________________ Name: Jessica Beise__________________________________ (PRINTED) Signed: ____________________________________________ Title: City Clerk/Administrative Services Coordinator________ (with delegated authority) Date: ______________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: ______________________________________________ Date: _____________________________________________ 1 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, (“BCA”) and the City of Corcoran on behalf of its Police Department (“Agency”), and by and for the benefit of the State of Minnesota acting through its State Court Administrator’s Office (“Court”) who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 108225, of even or prior date, for Agency use of BCA systems and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive su ch termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 2 a. “Authorized Court Data Services” means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA. b. “Court Data Services” means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. c. “Court Records” means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. “Court Case Information” means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. “Court Confidential Case Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. “Court Confidential Security and Activation Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to u se or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. “Court Confidential Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Securit y and Activation Information. d. “DCA” shall mean the district courts of the state of Minnesota and their respective staff. e. “Policies & Notices” means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber’s use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 3 f. “Rules of Public Access” means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. “Court” shall mean the State of Minnesota, State Court Administrator's Office. h. “Subscriber” shall mean the Agency. i. “Subscriber Records” means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber’s access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other 4 materials and only as necessary to assist Subscriber in the efficient performance of Subscriber’s duties required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber’s access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber’s duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, a greement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber’s obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber’s bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber’s bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 5 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks “MNCIS” and “Odyssey.” d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber’s receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to 6 any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy o f the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court’s licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court’s licensors, and DCA for reasonable attorneys fees incurred by the Court, Court’s licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible f or the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be 7 governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber’s Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber’s Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber’s bona fide personnel or by means of Subscriber’s equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber’s logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber’s failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws reg ulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. 8 Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice o f approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA 9 shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber hereunder shall be deemed to have been received when personally delivered in writin g or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. 10 IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 1. SUBSCRIBER (AGENCY) Subscriber must attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. Name: Ron Thomas_____________________________ (PRINTED) Signed: _______________________________________ Title: Mayor___________________________________ (with delegated authority) Date: ________________________________________ Name: Jessica Beise_____________________________ (PRINTED) Signed: _______________________________________ Title: City Clerk/Administrative Services Coordinator__ (with delegated authority) Date: ________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with delegated authority) Date: _____________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: ______________________________________________ Date: _____________________________________________ 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with authorized authority) Date: _____________________________________________ 1 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, (“BCA”) and the City of Corcoran on behalf of its Prosecuting Attorney (“Agency”), and by and for the benefit of the State of Minnesota acting through its State Court Administrator’s Office (“Court”) who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 120729, of even or prior date, for Agency use of BCA systems and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 2 a. “Authorized Court Data Services” means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA. b. “Court Data Services” means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. c. “Court Records” means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. “Court Case Information” means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. “Court Confidential Case Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. “Court Confidential Security and Activation Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. “Court Confidential Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. “DCA” shall mean the district courts of the state of Minnesota and their respective staff. e. “Policies & Notices” means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber’s use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 3 f. “Rules of Public Access” means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. “Court” shall mean the State of Minnesota, State Court Administrator's Office. h. “Subscriber” shall mean the Agency. i. “Subscriber Records” means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber’s access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other 4 materials and only as necessary to assist Subscriber in the efficient performance of Subscriber’s duties required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber’s access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber’s duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber’s obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber’s bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber’s bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 5 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks “MNCIS” and “Odyssey.” d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber’s receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to 6 any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court’s licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court’s licensors, and DCA for reasonable attorneys fees incurred by the Court, Court’s licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsibl e for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be 7 governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber’s Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber’s Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber’s bona fide personnel or by means of Subscriber’s equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber’s logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber’s failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. 8 Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA 9 shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber hereunder shall be deemed to have been received when personally delivered in wri ting or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invali d, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. 10 IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 1. SUBSCRIBER (AGENCY) Subscriber must attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. Name: Ron Thomas_____________________________ (PRINTED) Signed: _______________________________________ Title: Mayor___________________________________ (with delegated authority) Date: ________________________________________ Name: Jessica Beise_____________________________ (PRINTED) Signed: _______________________________________ Title: City Clerk/Administrative Services Coordinator__ (with delegated authority) Date: ________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with delegated authority) Date: _____________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: ______________________________________________ Date: _____________________________________________ 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with authorized authority) Date: _____________________________________________ City of Corcoran February 23, 2017 County of Hennepin State of Minnesota RESOLUTION NO. 2017-05 Page 1 of 1 Motion By: Seconded By: A RESOLUTION ACCEPTING A DONATION FROM DANIEL AND MARY MULLIN WHEREAS, the City of Corcoran recognizes 42 year residents of the City of Corcoran, Daniel and Mary Mullin; and WHEREAS, Daniel and Mary Mullin made a financial donation to the City of Corcoran in the amount of $200 to the Police Reserves as way to say thank you for the all of the house checks the Police Reserves completed over the years while they were out of town for extended periods. WHEREAS, The City Council finds that it is appropriate to accept the donation as offered for the Police Reserve Donation Fund. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Corcoran acknowledges the generosity of the Daniel and Mary Mullin and graciously accepts the donation. VOTING AYE VOTING NAY Thomas, Ron Thomas, Ron Bottema, Jon Bottema, Jon Dejewski, Brian Dejewski, Brian Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Whereupon, said Resolution is hereby declared adopted on this 23rd day of February, 2017. ________________________________ Ron Thomas - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk/Administrative Services Coordinator 6c. H: \City Hall Information \CITY GOVERNMENT\Council, Commissions & Committees \Council Information \Council Claims \2017 Claims Workbook Agenda Item 7a -b. Council Meeting Date: 2/17/2017 FINANCIAL CLAIMS Prepared By: adahl and jbeise CHECK RANGE Agenda Iter 7a. FUND #500 ESCROW CLAIMS Paid to Amount Project name 500 -20376 $ 276.25 Park Place Storage - (16 -027) 500 -20389 $ 62.50 Strehler Estates - Final Plat (16 -001) 500 -20406 $ 319.25 Ravinia 7th Addtion PUD Amedment (16 -030) 500 -20407 $ 884.00 Motor Cafe PUD (16 -033) 500 -20408 $ 825.00 Carlson Lot Consolidation (16 -034) 500 -20409 $ 187.50 Willow Brook (16 -035) 500 -20392 $ 1,712.50 MN Solar IUP (16 -032) 500 -20405 $ 900.75 PUD Sketch Plat Escrow Refund 500 -20409 $ 10,760.00 Willow Brook (16 -035) Refund Total $ 15,927.75 Total Fund #500 = $ 15,927.75 (See attached Payments Detail) Agenda Iter 7b. ALL OTHER FINANCIAL CLAIMS $ 81,681.08 (See attached Check Detail Register) Total of Auto Deductions $ 52,964.87 TOTAL EXPENDITURES FOR APPROVAL $ 150,573.70 Auto Deductions / Electronic Fund Transfer / Other Disbursements Date Paid to Amount 1/3/17 Amazon - Supplies $ 44.95 1/5/17 Amazon - Supplies $ 366.68 1/9/17 BCA Training $ 75.00 1/9/17 Monoprice - IT Equip $ 76.64 1/12/17 Pagliais Pizza - Mankato Training $ 59.03 1/12/17 Ummies - Mankato Training $ 103.46 1/13/17 Mankato City Center Hotel - CountyTa: $ 0.82 1/13/17 Mankato City Center Hotel - CountyTa: $ 0.82 1/13/17 Mankato City Center Hotel - CountyTa: $ 0.82 1/13/17 Mankato City Center Hotel - Tax $ 16.82 1/13/17 Mankato City Center Hotel - Tax $ 16.82 1113/17 Mankato City Center Hotel - Tax $ 16.82 1/13/17 Mankato City Center Hotel - Tax $ 17.64 1/26117 FED -EX - Mailing Water Samples $ 29.57 2/6/17 DiscountMugs - Truck Safety Seminar $ 655.00 2/10/17 Optum - H S A $ 874.78 2/13/17 IMOVR - Standing Mat $ 99.95 2/13/17 MN State College - MCFOA Training $ 445.00 2/13/17 Optum - H S A $ 969.23 2/13/17 MSRS - HCSP $ 1,479.97 2/13/17 MSRS - Roth & Deferred Comp $2,074.42 2/16/17 MPCA $ 55.00 2/16/17 MPCA $ 55.00 2/16/17 Payroll PP -4 - Live Checks $ 676.34 2/16/17 Payroll PP -4 - Direct Deposit $ 32,026.36 2/17/17 MN Sheriffs Assoc. - Training $ 120.00 2/17/17 Paychex Fee $ 289.65 2/17/17 Payroll Taxes $ 12,318.28 Total $ 52,964.87 H: \City Hall Information \CITY GOVERNMENT\Council, Commissions & Committees \Council Information \Council Claims \2017 Claims Workbook CITY OF CORCORAN 02/23/1710:34 AM Page 1 Payments Current Period: February 2017 Batch Name 0217AP02 Payment Computer Dollar Amt $28,308.25 Posted Refer 29622 NICHOLS, JAMES AND DENISE Cash Payment G 500 -20405 Nichols PUD SKETCH PLAN ESCROW $900.75 Invoice 16 -031 2/23/2017 Cash Payment G 500 -20409 Willow Brook 16 -035 WILLOW BROOK PRELIMINARY PLAT $10,760.00 ESCROW Invoice 16 -035 2/23/2017 Transaction Date 2/23/2017 Due 0 Farmers State Bank 10100 Total $11,660.75 Refer 29623 NW TRAILS ASSOCIATION Cash Payment E 100 - 45200 -530 Improvements Other Tha DNR Payment $16,126.20 Invoice 2017 -1 2/23/2017 Transaction Date 2/23/2017 Due 0 Farmers State Bank 10100 Total $16,126.20 Refer 29624 SUN LIFE FINANCIAL _ Cash Payment E 100- 41300 -131 Employer Paid Health EMPLOYER PAID HEALTH $26.88 Invoice 237687 - 2017 -3 2/23/2017 Cash Payment E 100 - 41400 -131 Employer Paid Health EMPLOYER PAID HEALTH $19.38 Invoice 237687 - 2017 -3 2/23/2017 Cash Payment E 100 - 41920 -131 Employer Paid Health EMPLOYER PAID HEALTH $26.88 Invoice 237687 - 2017 -3 2/23/2017 Cash Payment E 100 - 42100 -131 Employer Paid Health EMPLOYER PAID HEALTH $69.84 Invoice 237687 - 2017 -3 2/23/2017 Cash Payment E 100 - 43100 -131 Employer Paid Health EMPLOYER PAID HEALTH $319.69 Invoice 237687 - 2017 -3 2/23/2017 Cash Payment E 100 - 42102 -131 Employer Paid Health EMPLOYER PAID HEALTH $56.13 Invoice 237687 - 2017 -3 2/23/2017 Cash Payment G 100 -20205 Reimbursements COBRA $2.50 Invoice 237687 - 2017 -3 2/23/2017 Transaction Date 2/23/2017 Due 0 Farmers State Bank 10100 Total $521.30 Fund Summary 10100 Farmers State Bank 500 ESCROW HOLDING FUND $11,660.75 100 GENERAL FUND $16,647.50 $28,308.25 Pre - Written Checks $0.00 Checks to be Generated by the Computer $28,308.25 Total $28,308.25 STAFF REPORT Agenda Item 8a. Council Meeting: February 23, 2017 Prepared By: Brad Martens Topic: Commission Representatives Action Required: None – Informational Summary: The advisory commission representatives for the February 23rd Council meeting are as follows:  Planning Commission: Meredith Wu  Parks and Trails Commission: Tom Anderson Financial/Budget: N/A Alignment with Values: This item relates to the following adopted values: OPEN AND HONEST COMMUNICATION We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. EQUAL OPPORTUNITY We believe that every employee and citizen should be afforded an equal opportunity to participate in all aspects of employment, citizenship, and governance in the City of Corcoran based exclusively on their ability to contribute. Options: N/A Recommendation N/A Council Action: N/A Attachments: N/A 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 January 19, 2017 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.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. On December 9, 2016, the applicant submitted a written request to extend the approvals for an additional year. Staff recommended that this request be reviewed by the City Council, but adequate time was not provided to place this on a Council agenda prior to expiration. Staff administratively approved an extension until February 28, 2017 so that this request for extension could be considered at the February 23, 2017 Council meeting. 2.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. 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 soon. 4.Motor Café Conditional Use Permits and Site Plan at 23030 Highway 55 (PID 32-119-23-33-0009) (City File 16-033). The applicant is requesting approval of a Site Plan and Conditional Use Permits for Auto Sales/Repair and to allow more than 20% metal siding. The existing business was a non- conforming use that burned on May 24, 2016. The non-conforming status was lost and the code requires the building to be restored in conformity with the regulations of this Ordinance. The Planning Commission recommended approval after the public hearing at the January 5th meeting and action is expected at the January 26th City Council meeting. 5.2040 Corcoran Comprehensive Plan (City file 17-001). At their January 12th meeting, the City Council authorized staff and consulting staff to begin working on the required update. Staff will be creating a Comprehensive Plan update on the City website where information about the process, including opportunities for public input, will be posted and regularly updated. Staff is working to develop a more complete media outreach plan and will begin implementing that in the next few weeks. The first meeting with be a joint City Council/Commission meeting on March 16th. Agenda Item 8b. MEMORANDUM 2 6. Lennar Final Plat, and PUD Final Development Plan for “Ravinia 8th Addition” (the Schwalbe property) (PID 36-119-23-14-0001) (city file 17-002). Lennar has submitted the application for approval. Staff is reviewing the application for completeness. The application is expected to be reviewed at the March Planning Commission and City Council meetings. 7. Sunrise Solar IUP and Preliminary Plat for a Community Solar Garden on the Pouliot property on County Road 19 (PID 30-119-23-44-0003 and 29-119-23-33-0001) (city file 17-003). Sunrise Solar has submitted the application for approval. Staff is reviewing the application for completeness. If complete, the application is expected to be reviewed at the March Planning Commission and City Council meetings. 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. 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. 4. “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. 5. 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. 6. 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. 7. 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 MEMORANDUM 3 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. The applicant has submitted a building permit, but has not yet begun work. 8. 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 Planning Commission recommended approval after the public hearing on December 1st and City Council approved on December 19th. 9. 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 Planning Commission recommended approval on December 1st and City Council approved the PUD Amendment on December 19th. The Council tabled the request for approval of an expanded grading area and Lennar subsequently withdrew that request. 10. 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 Planning Commission recommended approval after the public hearing on December 1st and City Council approved the request on December 19th. The applicant is currently working to address the conditions of approval. 11. Carlson Lot Consolidation at 8920 Foxline Drive and 8909 Trail Haven (PID 1611923140007 & 1611923140002) (City File 16-034). Carolyn Carlson has requested approval of a lot consolidation for two lots. This is the first lot consolidation since the City adopted the ordinance and was approved by the City Council at their December 19th meeting. STAFF REPORT / Code Compliance Agenda Item: 8c. Council Meeting: February 23, 2017 Prepared By: Mike Pritchard Topic: CODE COMPLIANCE REPORT – January 2017 Action Required: Information Only 2016 Totals Code Enforcement Issues: Complaint 16-075 (11/30/2016): Road damaged from construction traffic at 91XX Shannon Lane. The City was notified that Shannon Lane was becoming impassable due to damage to the road from construction traffic during a new home build. The road was found to be in need of immediate repair. Public works scraped the tracked and damaged material off the roadway, hauled in 210 tons of material, and made the necessary repairs. The owner agreed to pay for the materials and is working with the contractor to avoid damage to the road and make repairs as needed. To prevent further damage, the road was posted for a 5 ton limit. The City has invoiced the property owner for the materials. Invoice has been paid and a grading permit has been issued to finish the site work. 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. The City is following up and will abate any remaining items if necessary. A final deadline for compliance was set for March 30. 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. Seasonal Load Limits - Road Restrictions Seasonal load limits (road restrictions) are in effect as of Friday, February 17, 2017. This is approximately one month earlier than typical postings (Mid-March) and about 2 weeks earlier than last year. All roads, unless otherwise posted, are restricted to a 4 ton per axle weight limit. 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 130801811 95 1728 4 115422 9 2366 Complaints and Concerns Permits and Zoning 8d. CITY OF CORCORAN 8200 County Road 116, Corcoran, MN 55340 763.420.2288 – Office 763.420.6056 – Fax E-mail - general@ci.corcoran.mn.us / Web Site - www.ci.corcoran.mn.us MEMO Meeting Date: February 23, 2017 To: City Council From: Planning Commission Re: Planning Commission Accomplishments and Priorities ______________________________________________________________________ As requested by the City Council, the Planning Commission is to update the Council on activities of the previous year and priorities for 2017. The following are some of the activities completed in 2016: • Reviewed the application for Ravinia 4th Addition • Reviewed an ordinance amendment for the Southeast District and Downtown Design guidelines • Reviewed an ordinance amendment for private driveways • Reviewed a conditional use application at 7241 County Road 116 for Randahl Construction • Reviewed the Park Dedication Ordinance • Reviewed the application for Ravinia 5th and 6th addition • Reviewed a sign variance request for Maple Hill Estates • Reviewed an interim use permit for a commercial kennel at 19520 Stieg Road • Reviewed a new solar ordinance • Reviewed an amendment to the subdivision ordinance • Reviewed a zoning ordinance amendment to floodplain regulations • Reviewed a zoning ordinance amendment for temporary family health care dwellings • Reviewed an expansion plan of Park Place Storage • Reviewed a comprehensive plan amendment for Lennar • Reviewed an ordinance amendment for single family design standards • Reviewed a PUD plan for 6635 County Road 101 • Reviewed an ordinance amendment for dynamic signs in the MP district • Reviewed Ravinia 7th addition • Reviewed an interim use permit for a solar garden at 23710 Highway 55 8d. • Received notice of Commissioner Ravnholdt’s resignation and thanked him for his service • Welcomed Commissioner Russell as a new member • Attended City Council meetings as liaisons from the Commission In 2017 the Planning Commission has the following priorities: • Work towards updating the Comprehensive Plan through active participation • Consider options for tree preservation plans related to residential Planned Unit Developments (PUD); the emphasis would be on maintaining existing natural buffers to adjacent properties for privacy, keeping wildlife habitat, and preserving the natural beauty of Corcoran while encouraging future development The Planning Commission appreciates the support of the City Council and requests feedback on its proposed priorities for 2017. Attachments: N/A 8e. CITY OF CORCORAN 8200 County Road 116, Corcoran, MN 55340 763.420.2288 – Office 763.420.6056 – Fax E-mail - general@ci.corcoran.mn.us / Web Site - www.ci.corcoran.mn.us MEMO Meeting Date: February 23, 2017 To: City Council From: Parks and Trails Commission Re: Parks and Trails Commission Accomplishments and Priorities ______________________________________________________________________ As requested by the City Council, the Parks and Trails Commission is to update the Council on activities of the previous year and priorities for 2017. The following are some of the activities completed in 2016: • Reviewed a sketch plan for Beacon Academy Charter School • Initiated and completed a project to install a pollinator plot at the City Hall property • Discussed the proposed Regional Recreation Amenity • Accepted the resignation of Commissioner Kevin Dale • Received an annual park update from Public Works Superintendent Pat Meister • Reviewed an ordinance amendment for the Southeast District and Downtown Design guidelines • Discussed issues related to the lack of bike facilities on County Road 10 • Coordinated the annual tree giveaway • Directed and received research on area neighborhood parks • Reviewed and recommended updates to the Park Dedication ordinance • Reviewed the 2017 budget • Reported on a pollinator summit attended by Commissioner Sharon Meister • Discussed and recommended a Meister Field Improvement project • Coordinated the garden club • Recommended staff investigate adjusting the speed limit near the City park • Reviewed proposed Memorial Garden bench donations • Applied for and received a Hennepin County Youth Baseball grant • Reviewed a preliminary plat for 6635 County Road 101 • Attended City Council meetings as liaisons from the Commission 8e. In 2017 the Parks and Trails Commission has the following priorities: • Work towards updating the Comprehensive Plan through active participation • Plan and design neighborhood park for Ravinia • Discuss and recommend action for the proposed regional recreation amenity The Parks and Trails Commission appreciates the support of the City Council and requests feedback on its proposed priorities for 2017. Attachments: N/A STAFF REPORT Agenda Item 8f. Council Meeting: February 23, 2017 Prepared By: Brad Martens Topic: Safe City Recognition Action Required: None – Informational Summary: Over the last several weeks the City of Corcoran has been ranked by the following organizations as a safe city: • SafeWise: 8th safest city in Minnesota • ValuePenguin: 4th safest small city 5,000-10,000; 7th safest overall in Minnesota • LendEDU: Tied for #1for safest town in the United States with a population between 5,000-10,000 All use different criteria and the data is subject to individual analysis. The City is proud of the work done by the staff and the community to keep our city safe. 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. Options: N/A Recommendation N/A Council Action: N/A Attachments: N/A STAFF REPORT Agenda Item 9a. Council Meeting: February 23, 2017 Prepared By: Brad Martens Topic: Preliminary Plat Extension Request - Sawgrass Action Required: Approval Summary: On December 11, 2014 the City Council approved a preliminary plat for a development known as Sawgrass. The proposed development was for 246 single family homes on approximately 103 acres on 20400 County Road 10. The preliminary plat expires two years after approval unless extended (December 11, 2016). On December 8, 2016 the City received a request to extend the preliminary plat. The City Administrator approved an extension until February 28, 2017 and informed the applicant that the Council would consider extending it further at the February 23, 2017 meeting. Staff felt that due to the change in leadership, the decision to extend the preliminary plat for an extended amount of time should be made by the City Council. Attached to this document are a portion of the items related to the approvals. It is requested that the Council consider the request to further extend the approval. More documents are available at City Hall if you are interested. Prior to a development taking place a final plat would need to be approved along with a development agreement. Financial/Budget: If the development moves forward a formal development agreement would be created outlining responsibilities and cost for the City and developer. Alignment with Values: This item relates to the following adopted values: EXCELLENCE AND QUALITY IN THE DELIVERY OF SERVICES We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional, cost-effective, and friendly manner. Options: 1. Extend the preliminary plat for Sawgrass for one year until February 28, 2018. 2. Take no action and let the preliminary plat for sawgrass expire after February 28, 2017. Recommendation: Extend the preliminary plat for Sawgrass for one year until February 28, 2018. Council Action: Consider a motion extend the preliminary plat for Sawgrass for one year until February 28, 2018. Attachments: 1. Staff report for December 11, 2014 City Council meeting 2. Resolution 2014-72 3. Resolution 2014-73 4. Ordinance 2014-290 5. Resolution 2014-74 6. Preliminary Plat of Sawgrass 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 Fax: 612-252-9077 www.landform.net TO: Corcoran City Council FROM: Kendra Lindahl, Landform DATE: December 5, 2014 for the December 11, 2014 City Council Meeting RE: Preliminary PUD Development Plan, Preliminary Plat and Rezoning to PUD (Planned Unit Development) for “Sawgrass” for Peachtree Partners, LLC on the 103-acre Schendel property at 20400 County Road 10 (PID 23-119-23-42-0003) (City File 14- 027) 60-DAY REVIEW DEADLINE: December 16, 2014 1. Application Request Peachtree Partners, LLC. has submitted a request for approval of Preliminary PUD Development Plan, Preliminary Plat and Rezoning to PUD to allow 246 single family detached homes on 103.32 acres. *NOTE: Staff has attached the most relevant files to this packet; however, due to the size of the project not all files could be attached. The full set of plans and application materials is available at City Hall for inspection during regular business hours. 2. Planning Commission Review The Planning Commission held a public hearing at their December 4th meeting. The Commission voted unanimously to recommend approval. In addition to the applicant, 3 residents spoke at the public hearing. There were a number of questions about drainage, the future extension of infrastructure and comments about the proposed amendments to the draft approvals from the developer. The Planning Commission reviewed proposed approval modifications from the developer and made modifications to the draft resolutions. The attached resolutions and ordinances reflect that discussion. The following were significant issues that were discussed: a. The approvals require dedication of trails within an easement. The applicant would like to provide the trails in outlots. This is not consistent with City policy and ordinance and the Commission did recommend dedication of easements. b. Hennepin County submitted a letter requesting a 60-foot ½ right-of-way be dedicated as part of this plat. The applicant was showing a 40-foot ½ right-of-way. Hennepin County staff has Agenda Item: ___ Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC. verbally agreed to a 50-foot ½ right-of-way. The Commission was concerned as this has a significant impact on the development. They deferred this issue to the City Council. c. There was significant discussion regarding the architectural standards in the zoning ordinance. The commission felt strongly that the developer did not need to match the front elevation on the side and rear elevation but that variety in materials and colors must be provided on those elevations when the lots are adjacent to the park. The language in the approving resolution was modified to better address this issue. d. There was significant discussion about lighting for signs. Staff recommended that down lighting not be allowed for the proposed signs as it is prohibited by the ordinance, but the Planning Commission recommended approval as requested by the developer. e. The PUD flexibility standards requested by the developer were discussed at length, ultimately, the Commission recommended approval. The most significant policy issues for the City Council to address are: a. The amount of right-of-way to be dedicated for County Road 10 b. Whether to accept trail outlots as proposed by the developer or easements as recommended by staff. c. Whether or not to accept the PUD flexibility standards. 3. Parks and Trails Commission Review The Parks and Trails Commission reviewed this item at their November 18th meeting. The Commission voted unanimously to recommend the following: • Acceptance of the off road trails in 20-foot easements as shown (totaling 2.88 acres). • The remainder of the park dedication shall be cash in lieu of land. • The developer shall pave the entrance trail shown between County Road 10 and the large wetland area (Outlot N). • Recommended approval of the proposed trails in the wetland buffers as shown. • Recommended that the developer donate a trail easement on the west side of the project adjacent to the creek. No improvements are required in this easement and no park dedication credit will be provided. • The park dedication for the trail easements shall be deeded with each phase of development. • Cash for park dedication shall be paid in full by phase II. Additionally, the Commission recommended that the City and County work to ensure a safe trail crossing on County Road 10 between the project and the existing City park as part of the planned CR 10 improvements. 4. Context Zoning and Land Use The property is currently guided Low Density Residential and zoned RMF-3 (High Density Residential) and UR (Urban Reserve). The Comprehensive Plan Amendment to reclassify the Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning (14-027) 2 December 11, 2014 property from High to Low Density was approved and now the City will be required to rezone to a district compatible with this land use classification. Surrounding Properties The surrounding properties to the west are guided Low Density Residential and Mixed Residential and zoned UR. The properties to the north are guided Mixed Residential and High Density Residential and zoned UR. The properties to the east are guided Medium Density Residential and Public/Semi-Public and are zoned UR and P-I (Public Institutional). The four parcels to the south (and north of County Road 10) are guided Commercial and zoned C-1 (neighborhood commercial). The property to the south across County Road 10 is guided Parks/Open Space and Public/Semi- Public and zoned P-I and UR. Natural Characteristics of the Site The 2030 Comprehensive Plan shows a number of wetlands scattered around the site. The wetland delineation was approved by Elm Creek Watershed Management Commission on January 3, 2014. A High Quality Natural Community is located in the north (Maple Basswood Forest) and east (Floodplain Forest) areas of the site. Rush Creek and an unnamed tributary are adjacent to or within the site; consequently, a portion of the site is in the shoreland overlay district. A portion of the site is also located in the floodplain. Process A PUD sketch plan was submitted for review and comment by the City in the summer of 2014. Generally those comments were incorporated in the plans now being requested for review. An EAW (Environmental Assessment Worksheet) has been completed and the City Council adopted a determination of No Need for EIS (Environmental Impact Statement) on November 13, 2014. If the requested preliminary applications are approved, the applicant would submit a final PUD development plan and final plat. The applicant has indicated that this will occur in phases. If the final plat and final plan are consistent with the approved preliminary plans, the City must approve the final plat and final plan. A development agreement would be processed for City Council approval with the final plat for each phase. Unless otherwise approved by the City Council, the initial final plat must be submitted within one year of preliminary plat approval, however, subsequent phases would be over an approximately 5 year period. 5. Analysis of Request Staff has reviewed the application for consistency with Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and City Code requirements, as well as City policies. The City Engineer’s comments are incorporated into this staff report, the detailed comments are included in the attached engineering memo and the approval conditions require compliance with the memo. The applicant provided an extraordinarily detailed narrative with this application and this report will highlight key issues for consideration and review. Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning (14-027) 3 December 11, 2014 A. 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. B. Consistency with Ordinance Standards Rezoning The proposed project is located in the Metropolitan Urban Service Area (MUSA) of the City. This is 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. The subject property is zoned Urban Reserve (UR) and RMF-3 (High Density Residential). These land uses were anticipating higher density development consistent with the prior High Density Land Use designation. A comprehensive plan amendment was approved to reclassify this property as Low Density Residential and the zoning must be revised to comply with this new land use designation. The applicant is requesting a rezoning from Urban Reserve (UR) and RMF-3 (High Density Residential) to PUD (planned unit development). The Zoning Ordinance has established a PUD zoning district and the purpose of the PUD district, is to promote creative and efficient use of land by providing design flexibility in the development of residential neighborhoods and/or nonresidential areas that would not be possible under a conventional zoning district. In this case, the developer is requesting PUD flexibility primarily for lot size and setbacks. The City must review this request for compliance with the PUD standards as follows: 1. The planned development is not in conflict with the Comprehensive Plan. The planned unit development is not in conflict with the Comprehensive Plan. The proposed density of 3.5 units per acre is within the 3-5 units per acre expected in the Low Density Residential land use classification and the plan incorporates the trail, park and street connections anticipated within the site. Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning (14-027) 4 December 11, 2014 2. The planned development is not in conflict with the intent of the underlying zoning district. The planned development of 246 single family homes is consistent with the intent of the underlying RSF-3 zoning district, which allows a mix of single and two-family homes. The applicant is requesting approval of PUD zoning for design flexibility to provide a mix of lot sizes for this neighborhood at a density consistent with the Comprehensive Plan. 3. The planned development is not in conflict with other applicable provisions of the City’s Zoning Ordinance. The development is not in conflict with other applicable provisions of the zoning ordinance, except that PUD flexibility is requested as noted in the staff report. In exchange for this flexibility, the developer will provide both internal infrastructure needed to support their development and trunk infrastructure improvements that will serve a larger development area and well as increased amenities and better neighborhood design than might be expected in a standard subdivision. 4. The planned development or unit thereof is of sufficient size, composition, and arrangement that its construction, marketing, and/or operation is feasible as a complete unit without dependence upon any other subsequent unit or phase. The planned development is feasible without dependence upon any other subsequent phase. The project has a 3-5 year phasing plan and development is contingent upon completion of trunk infrastructure improvements. The initial phase will include the construction of the primary project infrastructure, lift station and other key public infrastructure improvement. 5. The planned development will not create an excessive burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the planned development. The planned development will not create an excessive burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the planned development. The developer is providing public trails consistent with the City’s Comprehensive Plan and a strong pedestrian connection to the existing City park. The development includes the construction of all public infrastructure needed to serve this site at the developer’s expense. 6. The planned development will not have an undue and adverse impact on the reasonable enjoyment of the neighborhood property. The planned development is a residential neighborhood developed consistent with the Comprehensive Plan and, therefore, will not have an undue and adverse impact on the reasonable enjoyment of the neighborhood property. 7. The quality of the building and site design proposed by the PUD plan shall substantially enhance the aesthetics of the site, shall demonstrate higher standards, more efficient and effective uses of streets, utilities and public facilities, it shall maintain and enhance any Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning (14-027) 5 December 11, 2014 natural resources within the development, and create a public benefit that is greater than what would be achieved through the strict application of the primary zoning regulations The quality of the site design proposed by the PUD shall substantially enhance the aesthetics of the site, install and provide more efficient use of streets, utilities and public facilities than may otherwise be expected and create public benefit that is greater than would otherwise be achieved due to the construction and financing of all related infrastructure improvements. The development will meet the City’s density goals while preserving 38% of the site as open space maintained by the homeowner’s association (much of it wetland and ponding areas, but wooded areas and public trails as well) and replanting 1,620 new trees. The applicant has not yet determined the builder(s) for the project, but has agreed to generally comply with the City’s architectural design standards. The Zoning Ordinance states that “the rezoning of the property defined in the development plan shall not become effective until such time as the City Council approves an ordinance reflecting said amendment, which shall take place at the time that the City Council approves the final development plan.” The Council should approve the rezoning to be effect at such time as the final PUD development plan is adopted. Preliminary PUD Development Plan The PUD offers enhanced flexibility to develop the site through the relaxation of most typical zoning district standards. The PUD allows for a greater variety of land uses, construction phasing and a potential for lower development costs. In exchange for this flexibility, the City expects a higher level of design and a more sensitive development than might normally be the case. The proposal includes 226 single family homes, 20 twinhomes and several common lots/outlots. The common areas would be maintained by the HOA. The 3 different single family lot sizes and planned association maintained housing (twinhomes) in the southeast corner of the site would be part of a master HOA that would be responsible for maintenance of the cul de sac and park parkway landscaping, entrance signage, common open space areas and similar features. Lot Size The Zoning Ordinance states that the purpose of the RSF-3 district is “… to be the primary single- family zoning district for future residential developments. The smaller lot area will make efficient use of the City’s land supply and investment in public utilities and allow the City to efficiently protect and preserve its natural resources such as wetlands and woodlands. In addition, the smaller lot area will help the City meet its density goal for new single-family homes. Single family homes, as well as two- family dwellings are allowed in this district.” The RSF-3 district requires a minimum lot size of 7,500 square feet and a minimum lot width of 65 feet. The plan shows single family residential lots in three sizes: 55-foot wide lots, 65-foot wide lots and 75-foot lots. Lot areas range from 6,555 square feet to 20,182 square feet. Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning (14-027) 6 December 11, 2014 The PUD zoning allows flexibility from the standard lot sizes and the applicant has requested PUD flexibility to reduce the minimum lot sizes. While the lot sizes are less than the ordinance allows, the resulting density remains at the low end of the 3-5 units per acre that the Comprehensive Plan anticipates. Setbacks The plan shows some variety from the standard setback requirements as follows: RSF-3 Ordinance Standard Requested PUD Flexibility Single Family Two-Family dwellings Single Family Detached Villas Minimum Lot Area 7,500 square feet 15,000 square feet 5,000 sq. ft. (for flexibility--the smallest lot shown is 6,555) 4,000 sq. ft. Minimum lot width 65 feet 100 feet 55’ 40’ Minimum Principal Structure Setbacks Front, From all other 20 feet 25 feet 20 feet 20 feet Front Porch (≤ 120 square 15 feet N/A 15 feeta 15 feeta Deck (side and rear) 10 feet 10 feet Side (living) 10 feet 10 feet 5 feet 5 feet Side (garage)** 5 feet 5 feet 5 feet 5 feet Rear 30 feet 25 feet 25 feet 20 feet Maximum Principal Building Height 35 feet 35 feet 35 feet 35 feet Driveway setback 5 feet 5 feet 2 feetb 2 feetb **Minimum separation between structures on adjacent parcels shall be 15 feet. a – Porches may be allowed to encroach and same on either front set-back on corner lots. b – Allowed within set-back with ACC and City approval. The ordinance requires a 15-foot minimum separation between structures on adjacent parcels. The applicant has requested PUD flexibility to reduce this separation to 10 feet. Staff notes that this is a fairly common separation in other communities. However, in order to ensure that the 5-foot wide drainage and utility easement remains clear on each side of the house, we have included a condition that no accessory structures or equipment (such as air conditioning units, fireplace, etc.) be allowed to encroach into this 5-foot setback. Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning (14-027) 7 December 11, 2014 The applicant is marketing the southeast corner of the site for an association maintained product and is requesting flexibility from the ordinance standards as follows: RMF-1 Twinhome Sawgrass PUD Twinhome RMF-1 Townhome Sawgrass PUD Townhome Min. Lot Area 15,000 sq. ft. 7,500 sq. ft. per unit 4,000 per unit 5,400 sq. ft. 2,500 sq. ft. per unit Min. Lot Width at Front Set-Back 150 feet 75 feet per unit 60 feet 30 feet per unit Min. Side Set- Back 0 feet 10 feetd 10 feetd 10 feetc Min. Front Yard Set-Back 25 feet 20 feet 25 feet 20 feetc Min. Rear Yard Set-Back 25 feet 20 feet 25 feet 15 feet Porches 10 feeta 10 feeta Decks 10 feetb 0 feet Shared Driveway Allowed Allowed a – Porches may be allowed to encroach and same on either front set-back on corner lots. b – Allowed within set-back with ACC and City approval. c – From ROW or private drive d – Between Structures Staff does not support shared drives for single family homes, but does support them for twinhomes and townhomes as part of a good site plan. We will review details at the time of final plan approval. While the Zoning Ordinance allows a reduced front yard setback, it does so with the understanding that the garages will be setback from the front home elevation, thereby allowing adequate driveway space. Section 1060 of the Zoning Ordinance requires that the driveway be at least 22 feet in length between the front of the garage and the street, roadway or sidewalk; and “not impede pedestrian or traffic circulation or access to any other dwelling unit, nor shall it adversely affect the ability to provide public utilities or public safety.” The final PUD development plan must clearly show compliance with these requirements. Staff recommends that driveways for single family homes comply with the 5-foot side yard setback to ensure that driveways remain outside of the City’s drainage and utility easements. Design Requirements When the current Zoning Ordinance was adopted in 2011, it included a new section on Design Requirements for each zoning district. The RSF-3 district is subject to these standards. The applicant is requesting PUD flexibility from several of these standards, as noted below. A. Front Elevation: 1. Each elevation facing a street or park shall have a minimum of 50% comprised on (sic) 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. Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning (14-027) 8 December 11, 2014 2. Design of street and park fronting exterior elevations shall be varied with a minimum of five different styles provided in the development. 3. 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. The applicant has indicated that they will comply with all of these requirements. Since the applicant does not have a builder for the project, it is not clear how the applicant intends to meet this requirement on those elevations, but compliance will be reviewed with building permit. The City has noted with previous developments that LP siding can be used to meet the front elevation requirements. The intent of this section appears to be to provide some variety in the number and quality of the materials used on the front elevation. The applicant would like to clarify that these requirements do not preclude two homes from using the same color and type of roofing products adjacent to one another, but it does ensure that the combination of colors for roofing, siding, trim, etc. are not exactly the same neighbor to neighbor. We agree and find that the limited options for roofing materials and colors make matching materials adjacent to each other acceptable provided the elevation and other material types and colors are not the same as the adjacent single family home. In the twinhome/townhome development in the southeast corner, the applicant has asked for some flexibility from these standards. The applicant notes that it is very common and often desired to have twinhomes with a more consistent appearance and they are requesting an exemption from these provisions for twinhomes. We agree that more consistency between these types of units may be desirable, but staff believes that some variety between these units is still possible and desirable. 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 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. The applicant has requested PUD flexibility from requirement that garages not comprise more than 60% of the front of the single family home and not more than 70% of the twinhome/townhome units. Staff finds that the small lots, combined with consumer demand for large garages makes compliance more difficult. The applicant will comply with the other design criteria designed to de-emphasize the garage and bring the garage into the home. The garage doors shall be architecturally styled to match the exterior design of the home. Staff recommends approval of this flexibility. C. Roof: 1. Architectural design roofing 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. Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning (14-027) 9 December 11, 2014 2. Overhangs must be a minimum of 12 inches. Peachtree Partners, LLC. has committed to complying with these requirements. 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. Staff believes that the intent of D.1. is to ensure that the higher quality and variety of materials on the front of the home be extended to the side and rear of the home when located on or visible from an arterial road or public park. This development has several homes that will be visible from the public park (across CR 10). The backs of these homes will be very visible from the park and should be subject to a higher level of design. The applicant believes that the ordinance language simply means that side and rear elevations must be consistent with each other, but is not required to incorporate materials and design elements from the front elevation. Furthermore, they believe that the proposed berm along CR 10 will adequately screen the rear of the home. • The Planning Commission found that regardless of the berm and landscaping proposed, the homes that are visible from a public park must have upgraded side and rear elevations as required by ordinance. Homeowners Association The development will have a homeowners association (HOA) to maintain the common elements, including the open space areas, development signage and cul de sac/island plantings. Additionally, the association maintained homes planned for the southeast corner of the site would likely have a sub-association to provide full maintenance of the home exterior, including mowing and plowing. A draft of the HOA documents has been submitted. A final draft of the HOA documents shall be submitted for City review and approval with the final PUD development plan application for phase I. 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 would have a minimum of a two- car garage. This complies with ordinance requirements. However, if multi-family housing is ultimately proposed in the southeast portion of the site, some guest parking may be required. We will review this issue when a PUD final plan is submitted for that portion of the site. Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning (14-027) 10 December 11, 2014 The local streets within the subdivision are 28 feet wide streets within a 50-foot right-of-way. This is adequate to accommodate on-street parking on one side. This is consistent with the City’s engineering design standards and should be adequate to provide guest parking in the other neighborhoods. The developer should provide a parking plan for on-street and off-street parking throughout the development. At the time of building permit submittal, the developer should also provide a graphic to confirm that the driveways in front of the homes have a minimum driveway length of 22-feet to accommodate parking in front of the garages. The City requires all streets to be public. The developer has requested the flexibility to allow private streets in the association maintained housing area. Staff recommends that a public street be provided for the proposed twinhome development. However, private drives are very common in townhome developments and staff recommends that the issue be discussed in more detail with the final plan for that area. Staff finds that private streets can be acceptable if appropriate design standards and maintain agreements are developed. No direct driveway access and no parking will be permitted on County Road 10. Landscaping The City has no tree preservation requirements. The City does encourage preservation of significant trees particularly those shown on the natural resource inventory. The applicant has completed a tree survey of the more than 8,000 significant trees on site. The current development proposal preserves 44.6% of the significant trees. Section 1060.070 of the Zoning Ordinance requires 1 overstory tree for each single family home and a variety of landscaping along the perimeter of the site, along the streets, within the private park and adjacent to wetlands. The applicant is proposing to plant more than 1,600 new trees in this development. Each new home will be required to plant a minimum of 3 trees on their property and the developer will be installing street trees and trees in the open space areas. The plan shows overstory trees along each of the public streets and additional plantings at the project entries off County Road 10. This is generally consistent with the ordinance requirements; however, the developer should provide more detail about the landscaping plan, including the cul de sac island plantings. Staff recommends that the developer provide a revised landscaping plan that identifies the number, location, species and plant size to ensure compliance with the ordinance. Additionally, care should be given to provide a variety of trees species to ensure protection against disease and insects. This detailed plan must be submitted for City review and approval as part of the final PUD development plan. Signage Chapter 84 of the City Code regulates signage. Residential developments are allowed two development signs at the main entrance, not to exceed 32 square feet in area or 6 feet in height. One sign not to exceed 16 square feet may be allowed at a secondary entrance. PUD flexibility is requested to exceed these signage limits as described in the applicant’s narrative. The preliminary PUD development plans show 2 monument signs at the main entrance on County Road 10 plus a median monument and 1 sign at the western entrance off County Road 10. The sign plans show an Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning (14-027) 11 December 11, 2014 18 square foot sign on a larger base with decorative elements for the main entry monuments and a median monument with approximately 10 square feet of sign area. A sign detail has been provided as an example, but no specific details have been provided. The developer has requested approval of the following PUD flexibility, which reflects more and large signs than shown on the submitted Preliminary Sign Plan exhibit (staff’s recommendation is after each item): • Up to three signs allowed at each entrance. One on each side and one in the median as applicable. • Agreed • Sign area is measured by drawing a box around the lettering and shall not exceed 80 sq. ft. per entrance. Individual signs may not exceed 40 sq. ft. • Total signage at the main entrance shall not exceed 80 sq. ft. Individual monument signs shall not exceed 40 sq. ft. • Total signage at the second entrance shall not exceed 40 sq. ft. Individual monument signs shall not exceed 20 square feet. • Signs may be located adjacent to the right of way (ROW) and in the case of signs in the median signs may be located in the ROW. • Median signs may be located in the right-of-way, provided the applicant provides an exhibit showing that sight visibility is maintained. • Monument signs must comply with the minimum 10-foot setback and be located outside of the sight visibility triangle. • Uplighting that does not glare onto adjacent property will be allowed. Illuminated and/or backlit lettering will be allowed. • The ordinance requires that any illumination of such signs must be external with downward focused lighting on a timer. While we believe our sign ordinance standards are very restrictive, we believe that prohibiting uplighting is a valid restriction as such lighting can be distracting to motorists and residents. Staff supports the illuminated and/or backlit lettering requested and the downward focused lighting. Lighting must comply with the standards in Section 1060.040 and glare, whether direct or reflected, shall not be visible beyond the limits of the site from which it originates. • Signs and related structures will be allowed up to 12’ in height. • Monument signs shall not exceed 8 feet in height, however, median monuments may be allowed up to 11 feet tall. Additionally, the Parks and Trails Commission indicated a desire for trailhead signage that would be provided generally where the trails cross public streets. These provide good wayfinding through the neighborhood, but the developer must work with City staff to ensure that the trail signage is consistent with City standards. Staff recommends that the developer submit a master signage plan with sign details for design review by the Planning Commission and City Council prior to approval of the final PUD development plan. Utilities Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning (14-027) 12 December 11, 2014 Municipal sewer and water are not currently available to the site and would need to be extended to service the property prior issuance of building permits. The City Engineer has completed a feasibility study to show how sanitary sewer and municipal water could be extended to the site. The City of Corcoran has indicated that the cost to extend municipal utilities to a property should be borne by the property developer. At this time those final costs are unknown, but staff has developed an estimate of those costs with a feasibility study. All improvements within the site will be completed by the developer. All off-site improvements will be completed by the City and financed by the developer. City policy also requires the developer to extend sanitary sewer and water stubs to the property boundaries to allow future extension to surrounding properties. These surrounding properties would not be required to hook up to sewer and water at this time, but it is common practice for the developer to extend utilities to the property line to allow for future extensions. The cost to extend the utilities to the property line would be borne by the developer. Wetlands The developer completed a MNRAM for the wetlands on site and the City engineer has confirmed that they are a mix of medium and high quality wetlands. Many of these wetlands have been impacted by farming over the years, but retain their higher rankings due to their proximity to the creek. Wetland mitigation is proposed and is subject to review and approval from the Elm Creek Watershed Management Commission. The ECW MC is the LGU for the Wetland Conservation Act. All wetlands and buffers must be blanketed by a drainage and utility easement. The applicant has requested PUD flexibility to allow alternative wetland buffers and setbacks in compliance with Section 1050.010, Subd. 6 of the Zoning Ordinance. The ordinance allows the City to approve these alternative buffers when “because of the unique physical characteristics of a specific parcel of land, narrower buffer strips may be necessary to allow for a reasonable use of land”. In this case, staff finds that the alternative wetland buffers are appropriate because the wetland are generally located in the open space corridor, which would serve a similar function to a wetland buffer. However, in exchange for this flexibility, the City does require the developer to provide extraordinary management practices, as outlined in the City Zoning Ordinance. The plans note that an average buffer of 25 feet is proposed, but the actual buffers must be dimensioned on the plans. The plans appear to be generally consistent with the buffer requirements. The plans must also identify the location of the wetland buffer monument signs in compliance with the ordinance. Wetland Impacts The plan shows a number of trails located within the wetland buffer. Although the ordinance does allow trails in the wetland buffer setback area, it is silent on the concept of trails in the buffer itself. The applicant notes that due to the location of wetlands and the size of the buffers, the impact to the Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning (14-027) 13 December 11, 2014 buffers could not be avoided. To offset the impacts created by the trail being located in the buffer, the applicant increased the amount of buffer area in an amount equal to the impact. As noted by the developer, this ultimately allows the trail to be located in the open space away from homes and provides for a great trail experience. • Given that the buffers are primarily located in the common areas, the developer has requested some trails within the buffer areas. The Parks and Trails Commission reviewed this request and recommends approval of this flexibility. Floodplain There are approximately 3 acres of floodplain on the property. There are no impacts to the 100 year floodplain and the floodplain does not impact any home sites. The proposed ponds are located outside the floodplain. The portion of the trail meanders in and out of the 500 year flood plain will be elevated above the flood elevation. Shoreland The western portion of the property includes land in the Shoreland Overly District. The applicant is requesting PUD flexibility from the Shoreland Overlay District due to the unique characteristics of the property. The shoreland overlay district is for the creek that meanders through the site. The applicant’s narrative does an excellent job of outlining the issues, request and mitigating factors: • Impervious Surface. The developer has done an excellent job of retaining open space next to the portion of the creek that is on the subject property. This open space will mitigate any impacts from the planned homes. Staff recommends approval of the PUD flexibility to allow more than 25% impervious surface coverage per lot in this area based on the finding that the total impervious surface coverage in this area will not exceed 25%. There is another portion of the site that is in the shoreland overly district for the creek that is located on the other side of County Road 10. Because all of this property is separated from the creek by County Road 10 and all drainage will flow north away from the creek, staff supports the PUD flexibility to waive the shoreland requirements for this area as well. • Building Height. The shoreland overlay district restricts building height to 25 feet, but we support the staff request to allow 35-foot building heights as allowed in areas outside the shoreland district. None of the homes are riparian lots and this is not a navigable waterway, so the impact would be negligible. • Lot Width. The ordinance requires a 75-foot minimum lot width. The applicant is requesting lots as small as 55 feet wide. Staff supports this request because the planned development will preserve approximately 40 acres (38% of the site) as permanent open space and has included stormwater management techniques within the development to ensure protection of the shoreland areas. Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning (14-027) 14 December 11, 2014 • Setback. The ordinance requires a 50-foot setback from County Roads. The lots would be separated from the County road by an outlot so this condition would not apply. We support the setbacks approved as part of the PUD. Storm Water Management The proposed plan identifies a number of ponds throughout 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 ponds 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. Off Site Storm water Management The developer and the City are working with the adjacent property owners to the north to address the existing off-site drainage issues as part of this development. The area to the north has a significant floodplain and the floodplain will not be altered due to impacts of the project. Historical City storm water maps had shown a northwest ditch route for the site’s easterly wetland. The 1971 aerial photo is given in Attachment C, however current topography shows this route is no longer feasible. The changes to the landscape from houses / tree canopy / farming practices over the last 40 years has created a situation where a northerly flow path is more dominant in the current condition. To mitigate the impact of more volume of runoff, the City has been in contact with the residents to the north who have expressed a willingness to participate in a solution so the development’s outlet of the large Sawgrass wetland does not exacerbate existing conditions. Therefore, the City will work with the residents and developer to implement a conveyance solution. Elm Creek Watershed will be reviewing plans and as the LGU also should issue wetland permits that will be pursued under a “No Loss”. Financing will be at the developer’s expense, and implementing an offsite solution assumes the northerly landowners continue to cooperate. The City Engineer’s memo includes more detail and compliance with recommendations in that memo is a condition of approval. Streets A traffic study was completed by the City as part of the feasibility study and is discussed in the City Engineer’s report. Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning (14-027) 15 December 11, 2014 The City is working with Hennepin County to realign the CR10/CR 50 intersection near this site. The developer will be responsible for a share of these improvements. The remainder of the local streets within the development are shown with tree-lined boulevards and landscaped islands in the cul de sacs. These local streets are 28 feet wide and located in 50-foot rights-of-way, which are generally consistent with the City Engineering Design Standards. The landscaped islands provide an attractive amenity for the development, reduce impervious surface coverage and can provide opportunities for snow storage. The developer should provide more detailed information about the proposed landscaping within the islands. As noted with the Ravinia subdivision, staff believes that the landscaping islands are an amenity and could become a standard for the City, but should be monitored as the City takes over responsibility for snowplowing these public streets in the future. Hennepin County transportation has received a copy of the proposed plat and has indicated that they will provide comments, but the City has not yet received these comments. We expect to be able to provide an update at the City Council meeting, but the engineer’s memo includes several items that we expect the County to require based on conversations with staff. Typically, the County has required additional right-of-way along County Road 10 and we expect this to be a condition of approval. The narrative notes that a 40-foot ½ right-of-way is proposed to be dedicated, but it must be clearly dimensioned on the preliminary plat and plans. Access As noted in the previous section, the main access to the site would be from County Road 10 near the center of the site, with a secondary access off County Road 10 near the western border of the site. Additionally, the applicant has provided street stubs to the Gleason property this property surrounds, as well as stubs to the north and east as required. The road in the northeast portion of the site will be used to access the lift station and an easement to provide the sewer connection to CR 116 may also be graded and graveled to provide an emergency vehicle access; however, final design will occur with easement negotiations. Lighting Decorative streetlights are proposed throughout the development and generally appear to comply with the City policies. The streetlights would need to comply with the requirements of Section 1040.040 of the Zoning Ordinance and the Engineering Design Standards. The developer must work with the City to develop standards and revise the plans as needed to provide street lighting. Parks, Trails and Open Space Under the current ordinance, park dedication is required at 11% of the net pre-development area or 11% 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 Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning (14-027) 16 December 11, 2014 accept cash-in-lieu of land at 11% of the value of the land with a maximum rate of $4,000 per unit for each new unit located inside of the MUSA (Metropolitan Urban Service Area). The applicant has provided an appraisal report that shows the land value at $2,893,000. In this case, the plat shows 90.45 pre-development net acres, which would require: • Park dedication of 9.95 net acres (90.45 x 11%); • Cash in lieu of land of $318,230 ($2,893,000 x 11%); or • Some combination of land and cash. The applicant is showing a series of sidewalks and trails throughout the site. The Comprehensive Plan includes the 2030 Parks & Trails Plan shows an off-road trail on the north side of the site winding through the site and connecting to the existing City park. The plan is generally consistent with these trail locations. The applicant has done a good job of preserving the natural areas shown on the Comprehensive Plan as open space and 38% of the site (approximately 40 acres) is preserved as permanent open space. The plans show 1.3 miles of trail and 2.0 miles of sidewalk within this development. The trail locations shown on the plans are generally consistent with the adopted parks plans. However, the trail connection two County Road 10 is shifted east from the adopted plan to the project entrance. From a safety standpoint, this makes sense. However, staff notes that the new trail connection is next to a street rather than in an off-road location. The current location of the trail connection to County Road 10 is a trail in lieu of a sidewalk. • The Parks and Trails Commission recommended that this segment of trail be dedicated to the City and that park dedication credit be given, but that the developer is responsible for paving this segment of trail without reimbursement. • The Parks and Trails Commission also recommended that the future shown on the west side of the project be deed as a trail easement, but that no park dedication credit is granted and no improvements made because the final alignment of the trail may change as surrounding properties develop. Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning (14-027) 17 December 11, 2014 Park dedication shall only be granted for trail easement areas as shown on the Comprehensive Plan and will not be given for trails located within public right-of-way. The developer is required to provide finished grading and ground cover for all park, playground, trail and public open spaces within their developments. No credit toward the required dedication shall be given for this work. • The trail locations are generally consistent with the locations shown on the Comprehensive Plan, but the Commission should review and comment. • If credit is given for the 20-foot trail easement over all trails as shown by the developer, that would be 2.88 acres or 28.97% (2.88/9.95) of the required park dedication for this project (2.93 acres would actually be dedicated, but as noted above, no credit will be given for the western portion). • Park dedication due on this site would be $318,230 if all in cash. However, if credit is given for the trails, the area of the trails would satisfy 28.97% of the park dedication requirement, leaving 71.03% of the dedication due in land or approximately $226,039. • The Parks and Trails Commission recommended that the full park dedication amount be paid with the 2nd phase of development. • Staff recommends that the City work with the developer to schedule the park dedication payments and timing of the credit to be given for paving the trails. The reimbursement amount could be approximately $95,355 (based on $15/lf paving costs described by the developer in the narrative), which would result in a net contribution of approximately $130,684 (the developer has a slightly different number in his narrative and the actual number would be finalized with the final plat). The Parks & Trails Plan also shows an on-road trail on County Road 10. The City is currently working with Hennepin County on the road realignment options and will evaluate this trail as part of the transportation study and ongoing CR 10 design. Five-foot wide sidewalks are required to be provided on one side of each public street. Generally the plans show compliance with these requirements; however, the plans shall be revised to show these sidewalks to ensure connections throughout the entire development. Specifically: • The sidewalk locations should be extended through the association maintained neighborhood planned in the southeast corner of the site. o The applicant has suggested that, depending on the product type provided, they may request approval of a private street here. Regardless, of whether this is approved with a public or private street, staff believes that this sidewalk connection is important and has included this as a condition of approval. • To that end, we recommend that the sidewalk be moved to the south side of Street F so that this neighborhood cannot connect to the sidewalk system without a mid-block crossing. The Parks and Trails Commission did not feel strongly about this issue, but we have added a condition that the final location be determined with staff prior to approval of the final plat. • We also recommend that the sidewalk extension be shown on the stub street off the east side of the Street F cul de sac for a future sidewalk connection. Natural Resource Corridor This natural resource corridor is shown as preserved with a trail corridor. The City’s Comprehensive Plan encourages preservation of this corridor but does not recommend the land be taken as public Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning (14-027) 18 December 11, 2014 park. Staff recommends that the land be preserved and owned/maintained by the Homeowners Association. Community Park A public park to serve as the neighborhood park exists across County Road 10. This is defined in the Parks Plan as a community park, but will also serve the neighborhood park needs of the neighborhood, as noted by the Parks and Trails Commission in March. Good access is provided to this park and the playground by the planned trail and sidewalk connections. Our Comprehensive Plan says that neighborhood parks should be within ½ mile of residents. The applicant has provided an exhibit showing that all homes within this development would be within this ½ mile radius of the existing playground and most would be within ¼ mile. PUD Flexibility Standards In addition to the PUD flexibilities already outlined above, the developer has asked the City to consider an additional set of PUD flexibility standards that would allow some ability to modify the plan without a complete PUD amendment if the modifications fall with certain parameters. This would give them the ability to respond to changes in the marketplace and needs of different builders. The City has the ability to approve these flexibilities as part of the PUD and incorporate them into a development contract. Specifically: 1. Open Space – The total amount of open space will not be reduced by more than 2.5% or 1 acre from the amount shown in the approved PUD. 2. Development Footprint - Total development footprint as identified by street right-of-way and total lotted area cannot increase by more than 1 acre. 3. Wetland Buffer - At all times we will not reduce the amount of wetland buffer provided. 4. Storm Water - Storm water treatment areas may be modified, provided that the overall treatment standards are still equal to are greater than the standards approved with the Preliminary Plat. 5. Trails – Any plan must generally provide an east-west and north-south trail link as approved with the PUD Preliminary Plan and while the location of trails may be slightly adjusted the overall locations and length of trails will be honored. 6. Entrance Location(s) - Main entrance location off CR 10 will remain unchanged. 7. Total Units – The total units cannot be less than 235 (3.34 units /acre) and more than 275 (3.91 units/acre) without amending the PUD. 8. Association Maintained Housing –Blocks 20, 21 and Outlot O must be maintained and actively marketed for association maintained housing until the final phase is approved. If at that time with active marketing this has not sold, this area may be platted as single family. Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning (14-027) 19 December 11, 2014 9. Housing Types– Housing/Lot types may change without amending the PUD so long as they meet the approved PUD lot standards. 10. Private Streets – If townhomes are added to the PUD private streets will be allowed, if needed, in the townhome areas to accommodate that housing type. 11. Lots and Blocks - Lots sizes may change within the limits approved, however, blocks as arranged need to stay generally consistent with approved Preliminary PUD and Plat. Staff finds that the proposed PUD flexibility provides the City assurances that the general development concept will be maintained while the developer the flexibility to respond to the marketplace. This is particularly important for the association maintained area planned for the southeast portion of the site, but may be applicable in other areas. If the City approves this flexibility, the only change staff would recommend is that number 10 be changed to say that private streets MAY be allowed. • This concept of PUD flexibility standards is new to the City and unique to the project. The Commission should comment on this proposal. Preliminary Plat The applicant is requesting approval of a preliminary plat to allow the creation of 246 homes on this 103.32-acre site. The proposed development would have a net density (post-development) of approximately 3.5 units per acre. This is consistent with the land use plan, which would allow a density of 3-5 units per acre. Lot Size The PUD district has no minimum standards for lot size; however, the proposed development would comply with the density requirements permitted by the PUD. Development Phasing The developer plans to develop this project in 3 phases. The developer would like to begin work in 2015. Timing will be contingent upon extension of public infrastructure. The phasing plan may be modified at each stage to better correspond with public improvements. The Zoning Ordinance requires that construction begin within 1 year of the rezoning to PUD (which will occur with approval of the final PUD development plan for Phase I, except that the City Council may extend this time period for 1 additional year and the Subdivision Ordinance requires submittal of a final plat application within 1 year of preliminary plat approval unless otherwise approved by the City Council). Due the infrastructure issues, the City Council may wish to extend this approval to the full 2 years from the date of approval. Through the PUD process, the City has the legal authority to negotiate a phasing plan with the developer. The City does not have this same authority with standard zoning. The Council may approve the attached phasing plan. The phasing plan would be subject to the above standards in Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning (14-027) 20 December 11, 2014 the sense that the final plat for the 1st phase of development must be submitted within 2 years. This initial final plat will include all of the property, but phases 2 and 3 will likely be shown as outlots. The City Council may want to approve the attached phasing plan to ensure an understanding of the project timing. Obviously, the phasing schedule is the developer’s best estimate and is subject to change depending on market conditions and infrastructure timing. Staff recommends that all of the right-of-way for County Road 10 be dedicated with the first final plat. C. Conclusions Staff finds that the proposed plan is generally consistent with the Comprehensive Plan and Zoning Ordinance. The plan for single family homes provides many of the essential public components of the Comprehensive Plan, including open spaces, tree-lined streets and strong pedestrian connections. These features can establish the public realm of the neighborhood and provide a unique sense of place. The developer is requesting PUD flexibility for: • Reduced lot sizes (area and width), • Reduced setbacks, • Signage (sign area and number), • Flexibility from the architectural design standards, regarding garages, • Alternative wetland buffers, • Trails located within the buffer, • Shoreland Overlay District flexibility related to lot coverage, lot width, setbacks and building height. In return for this flexibility, the developer is providing: • HOA-maintained permanent open space (38% of the site), • HOA-maintained landscaping in the cul de sac islands and entry monument, • A restored urban forest with more than 1,620 new trees, • Decorative street lighting, • Sidewalks all public streets, • Dedication of a trail easement on the west side of the property without park dedication credit • Paving of the entry trail at no cost, • Preservation/restoration/enhancement of wetlands, • Financing of trunk infrastructure improvements, including a lift station in the project and improvements to County Road 10, • Life-cycle housing opportunities with single family detached homes and some association maintained housing planned. Staff has reviewed the plan for consistency with the applicable standards outlined in the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance. Staff noted in the staff report the outstanding that must be addressed and we have included conditions in the attached draft resolutions to address these issues. Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning (14-027) 21 December 11, 2014 Next Steps If the application request is approved by the City Council, the applicant would be able to proceed with the Final PUD Development Plan and Final Plat for each phase. 6. Recommendation Move to adopt the following, as recommended by the Planning Commission: a. Resolution 2014-72 approving the preliminary plat b. Resolution 2014-73 approving the preliminary PUD development plan c. Ordinance 2014-290 approving the rezoning to PUD d. Resolution 2014-74 approving finding of fact for the rezoning Attachments a. Resolution approving the preliminary plat b. Resolution approving the preliminary PUD development plan c. Ordinance approving the rezoning to PUD d. Resolution approving finding of fact for the rezoning e. Engineer’s Memo dated November 24, 2014 f. Applicant’s Narrative dated November 21, 2014 g. Site Graphics received November 21, 2014(partial only – full set available at City hall) h. Preliminary Plat received November 21, 2014 i. Exhibits dated November 21, 2014 j. Hennepin County Comments dated December 1, 2014 k. Letter from David Foy and Chuck Lymangood dated November 30, 2014 Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning (14-027) 22 December 11, 2014 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2014 -72 Motion By: Asleson Seconded By: Thomas December 11, 2014 APPROVING PRELIMINARY PLAT FOR "SAWGRASS" FOR PEACHTREE PARTNERS, LLC ON THE 103 -ACRE SCHENDEL PROPERTY AT 20400 COUNTY ROAD 10 (PID 23 -119- 23 -42 -0003) (CITY FILE 14 -027) WHEREAS, Peachtree Partners, LLC ( "the applicant ") has requested approval of a preliminary plat for 246 single family homes on a 103.32 -acre parcel legally described as: See Attachment A 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 246 single family lots and several outlots, in accordance with the application materials and plans received by the City on October 3, 2014 and revisions received November 21, 2014, except as amended by this resolution. 2. Approval is contingent upon City Council approval of the rezoning to PUD and preliminary PUD development plan. 3. The application shall comply with all conditions in the City Engineer's memo dated November 24, 2014. 4. The application is subject to the review and approval by the Elm Creek Watershed Management Commission. The applicant shall comply with any conditions of approval from the watershed. 5. The application is subject to the review and approval by Hennepin County. The applicant shall comply with any conditions of approval from the County. 6. Development standards shall be as approved as part of the PUD. 7. The development shall be subject to all conditions of the preliminary PUD development plan approval. 8. The extension of sanitary sewer and municipal water is required to serve this site. Approval of this preliminary plat is contingent upon extension of these services to the site. Page 1 of 4 City of Corcoran December 11, 2014 County of Hennepin State of Minnesota RESOLUTION NO. 2014 -72 9. Approval shall expire within two years of the date of approval unless the applicant has filed a complete application for approval of a final plat. VOTING AYE Guenthner, Ken Asleson, Rich Cossette, Tom Hank, Pat Thomas, Ron VOTING NAY Guenthner, Ken Asleson, Rich Cossette, Tom Hank, Pat Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this 11`h day of December 2014. ST: J nie Heinecke — Clerk Kenneth Guenthner - Mayor Page 2 of 4 City Seal City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2014 -72 ATTACHMENT A Legal Description per Title Commitment File No. 37676 December 11, 2014 Tract A: That part of the Southeast Quarter of Section 23, Township 119, Range 23, Hennepin County, Minnesota which lies North of Hennepin County Road #10 which was formerly called the Minneapolis Monticello road, excepting therefrom the following described parcels (Parcels 1 through 7): Parcel 1: The East 471.40 feet of the Southeast Quarter of Section 23, Township 119, Range 23. Parcel 2: The West 518.60 feet of the East 990.00 feet of the South 792.00 feet of the Southeast Quarter of Section 23, Township 119, Range 23. Parcel 3: All that part of the Southeast Quarter of Section 23, Township 119, Range 23 described as follows: Beginning at the Southwest corner of the Southeast Quarter of said Section 23; thence East a distance of 1289.70 feet; thence North 2 degrees 7 minutes West a distance of 111.70 feet; thence North 28 degrees 53 minutes East a distance of 200.00 feet; thence South 77 degrees 8 minutes East a distance of 108.90 feet; thence South 28 degrees and 53 minutes West to a point in the South line of the Southeast Quarter of the Southeast Quarter distant 5.80 feet East of the Southwest corner of the Southeast Quarter of the Southeast Quarter said last described point being the point of beginning of the land to be described; thence North 28 degrees 53 minutes East a distance of 280.63 feet; thence South 69 degrees and 32 minutes East a distance of 125.00 feet; thence South 28 degrees and 53 minutes West a distance of 230.20 feet to the South line of the Southeast Quarter of the Southeast Quarter; thence West 141.37 feet to the actual point of beginning. Parcel 4: All that part of the Southeast Quarter of the Southeast Quarter of Section 23, Township 119, Range 23, Hennepin County, Minnesota, described as follows: Beginning at a point in the South line of the Southeast Quarter of the Southeast Quarter distant 147.17 feet East of the Southwest corner of said Southeast Quarter of the Southeast Quarter; thence North 28 degrees 53 minutes East a distance of 230.30 feet; thence South 69 degrees and 32 minutes East a distance of 73.90 feet to a line running parallel with the East line of the Southeast Quarter of the Southeast Quarter and distant 330.00 feet East of the Southwest corner of the Southeast Quarter of the Southeast Quarter, thence South parallel with the East line of said Southeast Quarter of the Southeast Quarter a distance of 174.80 feet; thence West 182.83 feet to the point of beginning. Parcel 5: All that part of the Southeast Quarter of Section 23, Township 119, Range 23, Hennepin County, Minnesota described as follows: Beginning at a point in the South line of the Southeast Quarter distant 1289.70 feet East of the Southwest corner thereof; thence North 2 degrees 7 minutes West a distance of 111.70 feet; thence North 28 degrees 53 minutes East a distance of 3.74 feet to the center line of County Road #10 and to the actual point of beginning of land to be described; thence continuing North 28 degrees 53 minutes East a distance of 196.26 feet; thence North 47 degrees 52 minutes West a distance of 147.95 feet; thence South 45 degrees 53 minutes West a distance of 180.05 feet to the center line of County Road #10; Page 3 of 4 City of Corcoran December 11, 2014 County of Hennepin State of Minnesota RESOLUTION NO. 2014 -72 thence Southeasterly along said center line a distance of 205.00 feet more or less to actual point of beginning. Parcel 6: Commencing in the center line of County Road at a point North 2 degrees 7 minutes West 111.70 feet from a point 1289.70 feet East from the Southwest corner of the Southwest Quarter; thence North 28 degrees 53 minutes East 200.00 feet; thence North 47 degrees 52 minutes West 147.95 feet to the actual point of beginning; thence continuing North 47 degrees 52 minutes West 78.20 feet; thence South 45 degrees 53 minutes West to the center line of the road; thence Southeasterly along said center line to an intersection with a line bearing South 45 degrees 53 minutes West from the point of beginning; thence North 45 degrees 53 minutes East to beginning; all in Section 23, Township 119, Range 23. Parcel 7: Commencing in the center line of County Road at a point North 2 degrees 7 minutes West 111.70 feet from a point 1289.70 feet East of the Southwest corner of the Southeast Quarter of Section 23; thence North 28 degrees 53 minutes East 200.00 feet; thence South 77 degrees 08 minutes East 108.90 feet; thence South 28 degrees 53 minutes West 200.00 feet to center of County Road; thence Northwesterly along center line to point of beginning. Tract B: The East Half of the Southwest Quarter of Section 23, Township 119, Range 23, Hennepin County, Minnesota, Except: That part of the East Half of the Southwest Quarter which lies South of the centerline of Hennepin County Road Number 10, And except: That part of the Northeast Quarter of the Southwest Quarter described as follows: Commencing at the Northeast corner of the Northeast Quarter of the Southwest Quarter of said Section 23; thence on an assumed bearing of South 00 degrees 29 minutes 12 seconds East, along the East line of said Northeast Quarter of the Southwest Quarter 125.85 feet, to the point of beginning; thence South 89 degrees 30 minutes 48 seconds West 300.00 feet; thence South 00 degrees 29 minutes 12 seconds East, parallel with said East line, 575.70 feet to the intersection with the survey line as shown and delineated on Hennepin County State Aid Highway No. 10, Plat 8; thence Southeasterly, along said survey line, to the intersection with said East line; thence Northerly, along said East line, 905.74 feet to the point of beginning. Tract C: That part of the Southeast Quarter of the Southeast Quarter of Section Twenty -three (23), Township One Hundred Nineteen (119), Range Twenty -three (23), Hennepin County, Minnesota, described as follows: Beginning at a point in the South line of the Southeast Quarter SE1 /4) of the Southeast Quarter (SE 1/4) distant 147.17 feet East of the Southwest corner of said Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4); thence North 28 degrees 53 minutes East a distance of 230.30 feet; thence South 69 degrees 32 minutes East a distance of 73.90 feet to a line running parallel with the East line of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) and distant 330.00 feet East of the Southwest corner of the Southeast Quarter (SE 1/4) of Southeast Quarter (SE 1/4); thence South parallel with the East line of said Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) a distance of 174.80 feet; thence West 182.83 feet to the point of beginning. Hennepin County, Minnesota Abstract Property Page 4 of 4 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2014 -73 Motion By: Thomas Seconded By: Asleson December 11, 2014 APPROVING PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) PLAN FOR SAWGRASS" FOR PEACHTREE PARTNERS, LLC ON THE 103 -ACRE SCHENDEL PROPERTY AT 20400 COUNTY ROAD 10 (PID 23- 119 -23 -42 -0003) (CITY FILE 14 -027) WHEREAS, Peachtree Partners, LLC ( "the applicant ") has requested approval of a preliminary PUD development plan for 246 single family homes on a 103.32 -acre parcel legally described as: See Attachment A 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 development plan is approved to allow the creation of 226 single family homes, 20 twinhomes and several outlots, in accordance with the application materials and plans received by the City on October 3, 214 and revisions received November 21, 2014, except as amended by this resolution. 2. Approval is contingent upon City Council approval of the requested rezoning and preliminary plat. 3. The applicant shall comply with all conditions in the City Engineer's memo dated November 24, 2014. 4. The approval is subject to the review and approval by the Elm Creek Watershed Management Commission. The applicant shall comply with any conditions of approval from the watershed. 5. The application is subject to the review and approval by Hennepin County. The applicant is required to obtain permits and approvals from the County as needed. 6. The extension of sanitary sewer and municipal water is required to serve this site. Approval of this PUD is contingent upon extension of these services to the site. 7. The preliminary PUD development plan is approved based on the finding that the proposed project is consistent with the City's Comprehensive Plan. Page 1 of 10 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2014 -73 8. All platted residential lots shall comply with the following setbacks: December 11, 2014 9. Mechanical equipment (including air conditioning units) must be located in the side or rear yard and must be located a minimum of 5 feet from the property line. 10. All properties must have a minimum 22 -foot driveway parking area in front of the garage that does not overlap into sidewalks, drives or streets. The building permit must dimension this parking area in front of the garage. Architectural and Design standards 11. All Design Requirements for the RSF -3 district described in Section 1040.050, Subd. 8 shall be met, except that PUD flexibility is granted for the following: a. Adjacent homes may be allowed to have the same color and type of roofing product provided the architectural details and material colors for the home are different. Page 2 of 10 Detached Single Family Detached Villas Twinhome Townhome 5,000 sq. ft. 4,000 sq. ft. 4,000 sq. ft. 2,500 sq. ft. /per for flexibility - -the unit smallest lot shown is Minimum Lot Area 6,555) Minimum lot width 55 feet 40 feet 75 feet 30 feet Minimum Principal Structure Setbacks Front, From all 20 feet 20 feet 22 feet 20 feet other streets Front Porch (5 15 feet* 15 feet* 15 feet* 15 feet* 120 square feet) 10 feet 10 feet 10 feet 10 feet between Deck (side and buildings (0 rear) between units Side (living) 5 feet 5 feet 10 feet 10 feet Side (garage) ** 5 feet 5 feet 10 feet 10 feet Rear 25 feet 20 feet 20 feet 15 feet Maximum 35 feel 35 feel 35 feel 35 fee Principal Building Height Driveway 5 feet 5 feeI 5 feet between 5 feet between setback buildings buildings Porches may be allowed to encroach and same on either front setback on corner lots. 9. Mechanical equipment (including air conditioning units) must be located in the side or rear yard and must be located a minimum of 5 feet from the property line. 10. All properties must have a minimum 22 -foot driveway parking area in front of the garage that does not overlap into sidewalks, drives or streets. The building permit must dimension this parking area in front of the garage. Architectural and Design standards 11. All Design Requirements for the RSF -3 district described in Section 1040.050, Subd. 8 shall be met, except that PUD flexibility is granted for the following: a. Adjacent homes may be allowed to have the same color and type of roofing product provided the architectural details and material colors for the home are different. Page 2 of 10 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2014 -73 December 11, 2014 Town home/twinhome units will be granted some flexibility from the requirement that 5 different styles of home be provided in that neighborhood and from the requirement that adjacent homes not look alike. In these types of neighborhoods, some consistency between buildings is desired, but it is important to provide some variety with the homes. However, since no home plan has been provided, the City will work with the applicant to determine the extent of this flexibility when a development proposal for that site is submitted. c. PUD flexibility is provided to allow the face of the garage to exceed 55% of the building face and allow up to 60% for detached single family homes and 70% for twinhomes /town homes. d. The intent of the ordinance is to require the side and rear of homes that are located on or visible from public parks or arterial streets to have architectural elements similar to the front elevation. These homes must continue materials and colors from the front elevation to the side and rear elevations. This may be through the use of the same window trim, accent bands or other elements found on the front of the home. Blank, flat elevations with only one siding color or material will not be permitted for these units. 12. The applicant shall provide copies of the final HOA documents /covenants for City review as part of the final plat application. 13. The developer shall provide centralized mailbox locations. A mailbox plan shall be provided for City review and approval. Parking 14. Parking shall be permitted on one side of the local streets and shall be signed in accordance with city standards. 15. No parking shall be permitted on County Road 10. 16. Townhomes (if proposed) shall be required to provide guest parking stalls as required in Section 1060.060, Subd. 8. Landscaping and Lighting 17. A revised landscape plan shall be provided for City Council review prior to approval of the final plat and PUD final plan. The revised plan shall identify the number, location, species and plant sizes and locations to ensure compliance with the Section 1060.070 of the Zoning Ordinance. 18. A mix of ornamental trees, perennials and annuals shall also be provided in the medians. 19. The developer shall submit a revised landscape plan for City review and approval of the proposed landscaping in the cul de sac islands to ensure planting materials will withstand the stresses of these locations. Page 3 of 10 City of Corcoran December 11, 2014 County of Hennepin State of Minnesota RESOLUTION NO. 2014 -73 20. The HOA shall be responsible for planting, irrigation and maintenance of the median landscaping and all landscaping within the cul de sac islands. 21. Lawn sprinklers /irrigation systems (if provided) shall all have rain sensors to limit unnecessary watering. 22. The HOA shall be responsible for maintenance of all common lots. 23. The applicant shall work with the City to finalize the design of the decorative lighting that will be installed. The applicant shall provide the street lights in compliance with City Policy. 24. PUD flexibility is granted to allow additional development signage for the two main entrances and sub - association neighborhoods. A master sign plan for the development shall be submitted for City review and approval with the final PUD development plan in compliance with the following standards: a) Up to 3 signs allowed at each entrance. One on each side and one in the median as applicable. b) Sign area is measured by drawing a box around the lettering c) Total signage at the main entrance shall not exceed 80 sq. ft. Individual monument signs shall not exceed 40 sq. ft. d) Total signage at the second entrance shall not exceed 40 sq. ft. Individual monument signs shall not exceed 20 square feet. e) Median signs may be located in the right -of -way, provided the applicant provides an exhibit showing that sight visibility is maintained. f) Monument signs must comply with the minimum 5 -foot setback and be located outside of the sight visibility triangle. g) Illuminated and /or backlit lettering and both downward and upward focused lighting will be allowed so long as the source of light is not visible to drivers and pedestrians. Lighting must comply with the standards in Section 1060.040 and glare, whether direct or reflected, shall not be visible beyond the limits of the site from which it originates. h) Monument signs shall not exceed 8 feet in height, however, median monuments may be allowed up to 11 feet tall. i) Trailhead signage shall be provided where the trails cross public streets and shall be installed in accordance with city standards. Streets, Parking and Utilities 25. All streets within the development shall be public streets. 26. The preliminary plat shall be revised to clearly dimension the required 45 -foot half right -of- way for County Road 10. 27. Utilities shall be stubbed to the property lines for future extension to adjacent properties. The stubs shall be at the developer's expense. 28. A public access for emergency vehicle access and trail connection shall be provided from the long cul de sac (street f) to the northeast street connection. This shall be a 12 -foot wide emergency vehicle access with knockdown bollards and shall also serve as a trail. Page 4 of 10 City of Corcoran December 11, 2014 County of Hennepin State of Minnesota RESOLUTION NO. 2014 -73 29. The development shall comply with the Fire Chief's requirements regarding fire access, fire protection and fire flow calculations, the location of fire hydrants, fire department connections, and fire lane signage. Sidewalks and Trails 30. Sidewalks and trails shall be as shown on the Development Open Space exhibit dated November 21, 2014. a. Trails shall be allowed in the wetland buffer as shown. b. The final location of the sidewalk on Street F shall be determined with the PUD final plan. c. Sidewalks shall be constructed on all public streets, including stub streets, at the time of street construction. d. Sidewalks shall be provided on one side of the public street in the twinhome neighborhood. 31. The HOA or individual homeowners shall be responsible for snow removal on public sidewalks within the development. 32. Sidewalks shall be 5 feet wide. Wetlands 33. Alternative wetland buffers shall be allowed, subject to the standards and conditions in Section 1050.010, Subd. 6 of the Zoning Ordinance. Wetland buffers must be dimensioned on the plans. 34. The plans shall be revised to identify the wetland buffer monuments as required by Section 1050.010 of the Zoning Ordinance. 35. The developer must install wetland buffer monuments prior to issuance of Certificates of Occupancy for adjacent buildings. Drainage / Stormwater Management 36. Drainage and utility easements must be provided over all wetlands, wetland buffers and ponds. 37. The applicant shall continue to work with the City and adjacent property owners to address the off -site drainage issues as noted in the City Engineer's memo. Offsite stormwater conveyance will be constructed at developer's expense based on wetland and watershed approvals and northerly property owners providing easements. Page 5 of 10 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2014 -73 Shoreland Overlay District December 11, 2014 38. PUD flexibility is granted from the following Shoreland Overlay District standards in Section 1050.020 of the Zoning Ordinance: a. allow more than 25% impervious surface coverage per lot in this area b. allow 35 foot building heights as allowed by the underlying zoning district C. allow 55 -foot wide lots where 75 feet is typically required d. allow a 25 -foot setback from County Road 10 where 50 is required 39. The PUD flexibility is granted based on the finding that: a. The shoreland area within the development is less than 6% of the project area. b. The shoreland area along County Road 10 is separated from the creek by County Road 10 and all drainage is directed north away from the creek. c. The total impervious surface coverage will exceed ordinance requirements for individual lots, but the total impervious coverage within the portions of the overlay district where the creek is located within Outlot A of the development does not exceed the 25% limit. d. The planned development will preserve approximately 40 acres (38% of the site) as permanent open space and has included stormwater management techniques within the development to ensure protection of the shoreland areas. e. The lots do not directly abut County Road 10 and are separated from the road by an outlot. Park Dedication 40. Park dedication shall be a combination of land and cash. The final dedication requirements shall be determined with the final plat for phase I of the development and shall generally be as follows: a. Dedication of off -road trails as shown on the Development Open Space Plan dated November 21, 2014. i. Trails shall be 8 feet wide in 20 -foot easements and credit will be given for the full easement. The emergency access in the northeast corner shall be a 12 -foot trail in 30 -foot easement, but credit for this wider trail shall be given only for the standard 20 -foot width. b. The remainder of the park dedication shall be cash in lieu of land C. The developer shall pave the entrance trail shown between County Road 10 and the large wetland area ( Outlot N) without paving reimbursement. d. Recommended that the developer donate a trail easement on the west side of the project adjacent to the creek. No improvements are required in this easement and no park dedication credit will be provided. e. The park dedication for the trail easements shall be deeded with each phase of development. f. Cash for park dedication shall be paid in full by phase II. g. Credit shall be given for trail paving, if directed by the City. Miscellaneous 41. In addition to the PUD flexibilities already outlined above, the following PUD flexibility standards are approved and shall be incorporated into the development contract: Page 6 of 10 City of Corcoran December 11, 2014 County of Hennepin State of Minnesota RESOLUTION NO. 2014 -73 a. Open Space — The total amount of open space will not be reduced by more than 2.5% or 1 acre from the amount shown in the approved PUD. b. Development Footprint - Total development footprint as identified by street right -of- way and total lotted area cannot increase by more than 1 acre. c. Wetland Buffer - At all times we will not reduce the amount of wetland buffer provided. d. Storm Water - Storm water treatment areas may be modified, provided that the overall treatment standards are still equal to or greater than the standards approved with the Preliminary Plat, as approved by the City Engineer. e. Trails — Any plan must generally provide an east -west and north -south trail link as approved with the PUD Preliminary Plan and while the location of trails may be slightly adjusted the overall locations and length of trails will be honored f. Entrance Location(s) - Main entrance location off CR 10 will remain unchanged. g. Total Units — The total units cannot be less than 235 (3.34 units /acre) and more than 275 (3.91 units /acre) without amending the PUD. h. Association Maintained Housing — Blocks 20, 21 and Outlot O must be maintained and actively marketed for association maintained housing until the final phase is approved. If at that time with active marketing this has not sold, this area may be platted as single family. When the final plat for the first phase of the development is recorded, the developer will list this land for sale, with an independent third party realtor, who will agree to actively market the this property for association maintained housing. The Realtor will also commit to provide the City Administrator with quarterly reports on the efforts being made to market the parcel and market responses. i. Housing Types— Housing /Lot types may change without amending the PUD so long as they meet the approved PUD lot standards and include at least 3 housing /lot types overall. j. Lots and Blocks - Lots sizes may change within the limits approved, however, blocks as arranged need to stay generally consistent with approved Preliminary PUD and Plat. 42. The phasing plan submitted by the developer is approved. 43. A final PUD development plan must submitted with the final plat for review and approval. Page 7 of 10 City of Corcoran County of Hennepin State of Minnesota VOTING AYE Guenthner, Ken Asleson, Rich Cossette, Tom Hank, Pat Thomas, Ron RESOLUTION NO. 2014 -73 VOTING NAY Guenthner, Ken Asleson, Rich Cossette, Tom Hank, Pat Thomas, Ron December 11, 2014 Whereupon, said Resolution is hereby declared adopted on this 11th day of December 2014. EST: 4nie Heinecke — Clerk Kenneth Guenthner - Mayor Page 8 of 10 City Seal City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2014 -73 ATTACHMENT A Legal Description per Title Commitment File No. 37676 December 11, 2014 Tract A: That part of the Southeast Quarter of Section 23, Township 119, Range 23, Hennepin County, Minnesota which lies North of Hennepin County Road #10 which was formerly called the Minneapolis Monticello road, excepting therefrom the following described parcels (Parcels 1 through 7): Parcel 1: The East 471.40 feet of the Southeast Quarter of Section 23, Township 119, Range 23. Parcel 2: The West 518.60 feet of the East 990.00 feet of the South 792.00 feet of the Southeast Quarter of Section 23, Township 119, Range 23. Parcel 3: All that part of the Southeast Quarter of Section 23, Township 119, Range 23 described as follows: Beginning at the Southwest corner of the Southeast Quarter of said Section 23; thence East a distance of 1289.70 feet; thence North 2 degrees 7 minutes West a distance of 111.70 feet; thence North 28 degrees 53 minutes East a distance of 200.00 feet; thence South 77 degrees 8 minutes East a distance of 108.90 feet; thence South 28 degrees and 53 minutes West to a point in the South line of the Southeast Quarter of the Southeast Quarter distant 5.80 feet East of the Southwest corner of the Southeast Quarter of the Southeast Quarter said last described point being the point of beginning of the land to be described; thence North 28 degrees 53 minutes East a distance of 280.63 feet; thence South 69 degrees and 32 minutes East a distance of 125.00 feet; thence South 28 degrees and 53 minutes West a distance of 230.20 feet to the South line of the Southeast Quarter of the Southeast Quarter; thence West 141.37 feet to the actual point of beginning. Parcel 4: All that part of the Southeast Quarter of the Southeast Quarter of Section 23, Township 119, Range 23, Hennepin County, Minnesota, described as follows: Beginning at a point in the South line of the Southeast Quarter of the Southeast Quarter distant 147.17 feet East of the Southwest corner of said Southeast Quarter of the Southeast Quarter; thence North 28 degrees 53 minutes East a distance of 230.30 feet; thence South 69 degrees and 32 minutes East a distance of 73.90 feet to a line running parallel with the East line of the Southeast Quarter of the Southeast Quarter and distant 330.00 feet East of the Southwest corner of the Southeast Quarter of the Southeast Quarter, thence South parallel with the East line of said Southeast Quarter of the Southeast Quarter a distance of 174.80 feet; thence West 182.83 feet to the point of beginning. Parcel 5: All that part of the Southeast Quarter of Section 23, Township 119, Range 23, Hennepin County, Minnesota described as follows: Beginning at a point in the South line of the Southeast Quarter distant 1289.70 feet East of the Southwest corner thereof; thence North 2 degrees 7 minutes West a distance of 111.70 feet; thence North 28 degrees 53 minutes East a distance of 3.74 feet to the center line of County Road #10 and to the actual point of beginning of land to be described; thence continuing North 28 degrees 53 minutes East a distance of 196.26 feet; thence North 47 degrees 52 minutes West a distance of 147.95 feet; thence South 45 degrees 53 minutes West a distance of 180.05 feet to the center line of County Road #10; Page 9 of 10 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2014 -73 December 11, 2014 thence Southeasterly along said center line a distance of 205.00 feet more or less to actual point of beginning. Parcel 6: Commencing in the center line of County Road at a point North 2 degrees 7 minutes West 111.70 feet from a point 1289.70 feet East from the Southwest corner of the Southwest Quarter; thence North 28 degrees 53 minutes East 200.00 feet; thence North 47 degrees 52 minutes West 147.95 feet to the actual point of beginning; thence continuing North 47 degrees 52 minutes West 78.20 feet; thence South 45 degrees 53 minutes West to the center line of the road; thence Southeasterly along said center line to an intersection with a line bearing South 45 degrees 53 minutes West from the point of beginning; thence North 45 degrees 53 minutes East to beginning; all in Section 23, Township 119, Range 23. Parcel 7: Commencing in the center line of County Road at a point North 2 degrees 7 minutes West 111.70 feet from a point 1289.70 feet East of the Southwest corner of the Southeast Quarter of Section 23; thence North 28 degrees 53 minutes East 200.00 feet; thence South 77 degrees 08 minutes East 108.90 feet; thence South 28 degrees 53 minutes West 200.00 feet to center of County Road; thence Northwesterly along center line to point of beginning. Tract B: The East Half of the Southwest Quarter of Section 23, Township 119, Range 23, Hennepin County, Minnesota, Except: That part of the East Half of the Southwest Quarter which lies South of the centerline of Hennepin County Road Number 10, And except: That part of the Northeast Quarter of the Southwest Quarter described as follows: Commencing at the Northeast corner of the Northeast Quarter of the Southwest Quarter of said Section 23; thence on an assumed bearing of South 00 degrees 29 minutes 12 seconds East, along the East line of said Northeast Quarter of the Southwest Quarter 125.85 feet, to the point of beginning; thence South 89 degrees 30 minutes 48 seconds West 300.00 feet; thence South 00 degrees 29 minutes 12 seconds East, parallel with said East line, 575.70 feet to the intersection with the survey line as shown and delineated on Hennepin County State Aid Highway No. 10, Plat 8; thence Southeasterly, along said survey line, to the intersection with said East line; thence Northerly, along said East line, 905.74 feet to the point of beginning. Tract C: That part of the Southeast Quarter of the Southeast Quarter of Section Twenty -three (23), Township One Hundred Nineteen (119), Range Twenty -three (23), Hennepin County, Minnesota, described as follows: Beginning at a point in the South line of the Southeast Quarter SE1 /4) of the Southeast Quarter (SE 114) distant 147.17 feet East of the Southwest corner of said Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4); thence North 28 degrees 53 minutes East a distance of 230.30 feet; thence South 69 degrees 32 minutes East a distance of 73.90 feet to a line running parallel with the East line of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 114) and distant 330.00 feet East of the Southwest corner of the Southeast Quarter (SE 114) of Southeast Quarter (SE 1/4); thence South parallel with the East line of said Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) a distance of 174.80 feet; thence West 182.83 feet to the point of beginning. Hennepin County, Minnesota Abstract Property Page 10 of 10 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2014 -290 Motion By: Thomas Seconded By: Asleson December 11. 2014 AN ORDINANCE AMENDING TITLE X (ZONING ORDINANCE) OF THE CITY CODE TO CLASSIFY CERTAIN LAND LOCATED AT 20400 COUNTY ROAD 10 (PID 23- 119- 23 -42- 0003) (CITY FILE 14 -027) 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 RMF -3 (High Density Residential) and UR (Urban Reserve) to PUD (Planned Unit Development) with respect to the 103.32 -acre parcel, legally described as follows: See Attachment A Section 2. Effective Date. This amendment shall take effect upon adoption of the resolution approving the final PUD development plan for this project. VOTING AYE Guenthner, Ken Asleson, Rich Cossette, Tom Hank, Pat Thomas, Ron VOTING NAY Guenthner, Ken Asleson, Rich Cossette, Tom Hank, Pat Thomas, Ron Whereupon, said Ordinance is hereby approved on this 11`h day of December 2014. TEST: anie Heinecke — Clerk Kenneth Guenthner - Mayor Page 1 of 3 City Seal City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2014 -290 ATTACHMENT A Legal Description per Title Commitment File No. 37676 December 11. 2014 Tract A: That part of the Southeast Quarter of Section 23, Township 119, Range 23, Hennepin County, Minnesota which lies North of Hennepin County Road #10 which was formerly called the Minneapolis Monticello road, excepting therefrom the following described parcels (Parcels 1 through 7): Parcel 1: The East 471.40 feet of the Southeast Quarter of Section 23, Township 119, Range 23. Parcel 2: The West 518.60 feet of the East 990.00 feet of the South 792.00 feet of the Southeast Quarter of Section 23, Township 119, Range 23. Parcel 3: All that part of the Southeast Quarter of Section 23, Township 119, Range 23 described as follows: Beginning at the Southwest corner of the Southeast Quarter of said Section 23; thence East a distance of 1289.70 feet; thence North 2 degrees 7 minutes West a distance of 111.70 feet; thence North 28 degrees 53 minutes East a distance of 200.00 feet; thence South 77 degrees 8 minutes East a distance of 108.90 feet; thence South 28 degrees and 53 minutes West to a point in the South line of the Southeast Quarter of the Southeast Quarter distant 5.80 feet East of the Southwest corner of the Southeast Quarter of the Southeast Quarter said last described point being the point of beginning of the land to be described; thence North 28 degrees 53 minutes East a distance of 280.63 feet; thence South 69 degrees and 32 minutes East a distance of 125.00 feet; thence South 28 degrees and 53 minutes West a distance of 230.20 feet to the South line of the Southeast Quarter of the Southeast Quarter; thence West 141.37 feet to the actual point of beginning. Parcel 4: All that part of the Southeast Quarter of the Southeast Quarter of Section 23, Township 119, Range 23, Hennepin County, Minnesota, described as follows: Beginning at a point in the South line of the Southeast Quarter of the Southeast Quarter distant 147.17 feet East of the Southwest corner of said Southeast Quarter of the Southeast Quarter; thence North 28 degrees 53 minutes East a distance of 230.30 feet; thence South 69 degrees and 32 minutes East a distance of 73.90 feet to a line running parallel with the East line of the Southeast Quarter of the Southeast Quarter and distant 330.00 feet East of the Southwest corner of the Southeast Quarter of the Southeast Quarter, thence South parallel with the East line of said Southeast Quarter of the Southeast Quarter a distance of 174.80 feet; thence West 182.83 feet to the point of beginning. Parcel 5: All that part of the Southeast Quarter of Section 23, Township 119, Range 23, Hennepin County, Minnesota described as follows: Beginning at a point in the South line of the Southeast Quarter distant 1289.70 feet East of the Southwest corner thereof; thence North 2 degrees 7 minutes West a distance of 111.70 feet; thence North 28 degrees 53 minutes East a distance of 3.74 feet to the center line of County Road #10 and to the actual point of beginning of land to be described; thence continuing North 28 degrees 53 minutes East a distance of 196.26 feet; thence North 47 degrees 52 minutes West a distance of 147.95 feet; thence South 45 degrees 53 minutes West a distance of 180.05 feet to the center line of County Road #10; Page 2 of 3 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO, 2014 -290 December 11, 2014 thence Southeasterly along said center line a distance of 205.00 feet more or less to actual point of beginning. Parcel 6: Commencing in the center line of County Road at a point North 2 degrees 7 minutes West 111.70 feet from a point 1289.70 feet East from the Southwest corner of the Southwest Quarter; thence North 28 degrees 53 minutes East 200.00 feet; thence North 47 degrees 52 minutes West 147.95 feet to the actual point of beginning; thence continuing North 47 degrees 52 minutes West 78.20 feet; thence South 45 degrees 53 minutes West to the center line of the road; thence Southeasterly along said center line to an intersection with a line bearing South 45 degrees 53 minutes West from the point of beginning; thence North 45 degrees 53 minutes East to beginning; all in Section 23, Township 119, Range 23. Parcel 7: Commencing in the center line of County Road at a point North 2 degrees 7 minutes West 111.70 feet from a point 1289.70 feet East of the Southwest corner of the Southeast Quarter of Section 23; thence North 28 degrees 53 minutes East 200.00 feet; thence South 77 degrees 08 minutes East 108.90 feet; thence South 28 degrees 53 minutes West 200.00 feet to center of County Road; thence Northwesterly along center line to point of beginning. Tract B: The East Half of the Southwest Quarter of Section 23, Township 119, Range 23, Hennepin County, Minnesota, Except: That part of the East Half of the Southwest Quarter which lies South of the centerline of Hennepin County Road Number 10, And except: That part of the Northeast Quarter of the Southwest Quarter described as follows: Commencing at the Northeast corner of the Northeast Quarter of the Southwest Quarter of said Section 23; thence on an assumed bearing of South 00 degrees 29 minutes 12 seconds East, along the East line of said Northeast Quarter of the Southwest Quarter 125.85 feet, to the point of beginning; thence South 89 degrees 30 minutes 48 seconds West 300.00 feet; thence South 00 degrees 29 minutes 12 seconds East, parallel with said East line, 575.70 feet to the intersection with the survey line as shown and delineated on Hennepin County State Aid Highway No. 10, Plat 8; thence Southeasterly, along said survey line, to the intersection with said East line; thence Northerly, along said East line, 905.74 feet to the point of beginning. Tract C: That part of the Southeast Quarter of the Southeast Quarter of Section Twenty -three (23), Township One Hundred Nineteen (119), Range Twenty -three (23), Hennepin County, Minnesota, described as follows: Beginning at a point in the South line of the Southeast Quarter SE1 /4) of the Southeast Quarter (SE 1/4) distant 147.17 feet East of the Southwest corner of said Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4); thence North 28 degrees 53 minutes East a distance of 230.30 feet; thence South 69 degrees 32 minutes East a distance of 73.90 feet to a line running parallel with the East line of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) and distant 330.00 feet East of the Southwest corner of the Southeast Quarter (SE 1/4) of Southeast Quarter (SE 1/4); thence South parallel with the East line of said Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) a distance of 174.80 feet; thence West 182.83 feet to the point of beginning. Hennepin County, Minnesota Abstract Property Page 3 of 3 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2014 -74 Motion By: Thomas Seconded By: Asleson December 11, 2014 APPROVING FINDINGS OF FACT FOR REZONING OF "SAWGRASS" FOR PEACHTREE PARTNERS, LLC ON THE 103 -ACRE SCHENDEL PROPERTY AT 20400 COUNTY ROAD 10 PID 23- 119 -23 -42 -0003) (CITY FILE 14 -027) WHEREAS, Peachtree Partners, LLC ( "the applicant') has requested approval of a rezoning from Urban Reserve (UR) and RMF -3 (High Density Residential) to PUD (planned unit development) for a 103.32 -acre parcel legally described as follows: See Attachment A 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) and RMF -3 (High Density Residential) to 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 Peachtree Partners, LLC for the reclassification of the zoning from UR and RMF -3 to PUD for the 103-32 - acre property, based on the following findings: The planned unit development is not in conflict with the Comprehensive Plan. The proposed density of 3.5 units per acre is within the 3 -5 units per acre expected in the Low Density Residential land use classification and the plan incorporates the trail, infrastructure and street connections anticipated within in the site. 2. The planned development of 246 single family homes is consistent with the intent of an underlying RSF -3 zoning district, which allows a mix of single and two - family homes. The applicant is requesting approval of PUD zoning for design flexibility to provide a mix of lot sizes for this neighborhood at a density consistent with the Comprehensive Plan. 3. The development is not in conflict with other applicable provisions of the zoning ordinance, except that PUD flexibility is requested as noted in the staff report. In exchange for this flexibility, the developer will provide both internal infrastructure needed to support their development and trunk infrastructure improvements that will serve a larger development area and well as increased amenities and better neighborhood design than might be expected in a standard subdivision. 4. The planned development is feasible without dependence upon any other subsequent phase. The project has a 3 -5 year phasing plan and development is contingent upon completion of trunk infrastructure improvements. The initial phase will include the construction of the primary project infrastructure, lift station and other key public infrastructure improvement. Page 1 of 4 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2014 -74 December 11, 2014 5. The planned development will not create an excessive burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the planned development. The developer is providing public trails consistent with the City's Comprehensive Plan and a strong pedestrian connection to the existing City park. The development includes the construction of all public infrastructure needed to serve this site at the developer's expense. 6. The planned development is a residential neighborhood developed consistent with the Comprehensive Plan and, therefore, will not have an undue and adverse impact on the reasonable enjoyment of the neighborhood property. 7. The quality of the site design proposed by the PUD shall substantially enhance the aesthetics of the site, install and provide more efficient use of streets, utilities and public facilities than may otherwise be expected and create public benefit that is greater than would otherwise be achieved due to the construction and financing of all related infrastructure improvements. The development will meet the City's density goals while preserving 38% of the site as preserved open space maintained by the homeowner's association (much of it wetland and ponding areas, but wooded areas and public trails as well). 8. Adequate infrastructure is available to serve this site if the conditions of PUD preliminary plan and preliminary plat are met. VOTING AYE Guenthner, Ken Asleson, Rich Cossette, Tom Hank, Pat Thomas, Ron VOTING NAY Guenthner, Ken Asleson, Rich Cossette, Tom Hank, Pat Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this 11th day of December 2014. Kenneth Guenthner - Mayor TEST: City Seal eanie Heinecke — Clerk Page 2 of 4 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2014 -74 ATTACHMENT A Legal Description per Title Commitment File No. 37676 December 11, 2014 Tract A: That part of the Southeast Quarter of Section 23, Township 119, Range 23, Hennepin County, Minnesota which lies North of Hennepin County Road #10 which was formerly called the Minneapolis Monticello road, excepting therefrom the following described parcels (Parcels 1 through 7): Parcel 1: The East 471.40 feet of the Southeast Quarter of Section 23, Township 119, Range 23. Parcel 2: The West 518.60 feet of the East 990.00 feet of the South 792.00 feet of the Southeast Quarter of Section 23, Township 119, Range 23. Parcel 3: All that part of the Southeast Quarter of Section 23, Township 119, Range 23 described as follows: Beginning at the Southwest corner of the Southeast Quarter of said Section 23; thence East a distance of 1289.70 feet; thence North 2 degrees 7 minutes West a distance of 111.70 feet; thence North 28 degrees 53 minutes East a distance of 200.00 feet; thence South 77 degrees 8 minutes East a distance of 108.90 feet; thence South 28 degrees and 53 minutes West to a point in the South line of the Southeast Quarter of the Southeast Quarter distant 5.80 feet East of the Southwest corner of the Southeast Quarter of the Southeast Quarter said last described point being the point of beginning of the land to be described; thence North 28 degrees 53 minutes East a distance of 280.63 feet; thence South 69 degrees and 32 minutes East a distance of 125.00 feet; thence South 28 degrees and 53 minutes West a distance of 230.20 feet to the South line of the Southeast Quarter of the Southeast Quarter; thence West 141.37 feet to the actual point of beginning. Parcel 4: All that part of the Southeast Quarter of the Southeast Quarter of Section 23, Township 119, Range 23, Hennepin County, Minnesota, described as follows: Beginning at a point in the South line of the Southeast Quarter of the Southeast Quarter distant 147.17 feet East of the Southwest corner of said Southeast Quarter of the Southeast Quarter; thence North 28 degrees 53 minutes East a distance of 230.30 feet; thence South 69 degrees and 32 minutes East a distance of 73.90 feet to a line running parallel with the East line of the Southeast Quarter of the Southeast Quarter and distant 330.00 feet East of the Southwest corner of the Southeast Quarter of the Southeast Quarter, thence South parallel with the East line of said Southeast Quarter of the Southeast Quarter a distance of 174.80 feet; thence West 182.83 feet to the point of beginning. Parcel 5: All that part of the Southeast Quarter of Section 23, Township 119, Range 23, Hennepin County, Minnesota described as follows: Beginning at a point in the South line of the Southeast Quarter distant 1289.70 feet East of the Southwest corner thereof; thence North 2 degrees 7 minutes West a distance of 111.70 feet; thence North 28 degrees 53 minutes East a distance of 3.74 feet to the center line of County Road #10 and to the actual point of beginning of land to be described; thence continuing North 28 degrees 53 minutes East a distance of 196.26 feet; thence North 47 degrees 52 minutes West a distance of 147.95 feet; thence South 45 degrees 53 minutes West a distance of 180.05 feet to the center line of County Road #10; Page 3 of 4 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2014 -74 December 11, 2014 thence Southeasterly along said center line a distance of 205.00 feet more or less to actual point of beginning. Parcel 6: Commencing in the center line of County Road at a point North 2 degrees 7 minutes West 111.70 feet from a point 1289.70 feet East from the Southwest corner of the Southwest Quarter; thence North 28 degrees 53 minutes East 200.00 feet; thence North 47 degrees 52 minutes West 147.95 feet to the actual point of beginning; thence continuing North 47 degrees 52 minutes West 78.20 feet; thence South 45 degrees 53 minutes West to the center line of the road; thence Southeasterly along said center line to an intersection with a line bearing South 45 degrees 53 minutes West from the point of beginning; thence North 45 degrees 53 minutes East to beginning; all in Section 23, Township 119, Range 23. Parcel 7: Commencing in the center line of County Road at a point North 2 degrees 7 minutes West 111.70 feet from a point 1289.70 feet East of the Southwest corner of the Southeast Quarter of Section 23; thence North 28 degrees 53 minutes East 200.00 feet; thence South 77 degrees 08 minutes East 108.90 feet; thence South 28 degrees 53 minutes West 200.00 feet to center of County Road; thence Northwesterly along center line to point of beginning. Tract B: The East Half of the Southwest Quarter of Section 23, Township 119, Range 23, Hennepin County, Minnesota, Except: That part of the East Half of the Southwest Quarter which lies South of the centerline of Hennepin County Road Number 10, And except: That part of the Northeast Quarter of the Southwest Quarter described as follows: Commencing at the Northeast corner of the Northeast Quarter of the Southwest Quarter of said Section 23; thence on an assumed bearing of South 00 degrees 29 minutes 12 seconds East, along the East line of said Northeast Quarter of the Southwest Quarter 125.85 feet, to the point of beginning; thence South 89 degrees 30 minutes 48 seconds West 300.00 feet; thence South 00 degrees 29 minutes 12 seconds East, parallel with said East line, 575.70 feet to the intersection with the survey line as shown and delineated on Hennepin County State Aid Highway No. 10, Plat 8; thence Southeasterly, along said survey line, to the intersection with said East line; thence Northerly, along said East line, 905.74 feet to the point of beginning. Tract C: That part of the Southeast Quarter of the Southeast Quarter of Section Twenty -three (23), Township One Hundred Nineteen (119), Range Twenty -three (23), Hennepin County, Minnesota, described as follows: Beginning at a point in the South line of the Southeast Quarter SE1 /4) of the Southeast Quarter (SE 1/4) distant 147.17 feet East of the Southwest corner of said Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4); thence North 28 degrees 53 minutes East a distance of 230.30 feet; thence South 69 degrees 32 minutes East a distance of 73.90 feet to a line running parallel with the East line of the Southeast Quarter (SE 114) of the Southeast Quarter (SE 1/4) and distant 330.00 feet East of the Southwest corner of the Southeast Quarter (SE 1/4) of Southeast Quarter (SE 1/4); thence South parallel with the East line of said Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) a distance of 174.80 feet; thence West 182.83 feet to the point of beginning. Hennepin County, Minnesota Abstract Property Page 4 of 4 N 3 6 ° 1 7 '1 2 " W 1 3 2 . 1 2 N89°36'01"W 2210.00N89°36'01"W 1175.21N 46°43'16" W 26.87 L = 514.30 R = 3545.77 Δ = 8°18'38" N55°01'54"W 449.76 L=111.43 R=1638.52 Δ=3°53'48" S0° 03'25"E 533.00 S89°56'35"W 300.00 S0° 03'25"E 849.88 L = 5 1 3 . 6 7 R = 5 6 9 5 . 7 7 Δ = 5 ° 1 0 '0 2 " N 4 1 ° 2 7'1 4 " W 1 0 8 8.7 3 N46°26'24"E 136.78 S47°18'36"E 226.15 S76°34'36"E 108.90 S29°31'00"W 19.38 S68°58'36"E 125.00 S29°31'00"W 194.15 L=121.16R=445.4 8Δ=15°34'5 8 " N89°28'17"W 62.67 N0°05'35"E 776.35 S89°26'36"E 518.62 N0°05'35"E 1844.37 >> >> >> >> >> >> >> > > O H P XX X X 7 6 5 4 3 2 1 9 8 1 2 3 4 5 2 1 3 1213 6 7 8 9 10 11 14 15 16 17 3 2 1 5 4 20 18 17 19 16 15 14 12 13 7 118910 5 6 3 4 2 1 16 151413 17 12111098 7 6543 2 1 14131211768910 54 3 2 1 1211109876543 2 1 9876543 2 1 6543 2 1 1817 16 3 15 14 13 11 12 9 10 8 7 6 5 4 1 2 1 2 3 4 5 7 6 9 8 10 11 13 1412 5 13 12 11 10 1 9 8 2 4 7 3 10 9 12 13 14 15 16 7 6 8 18 17 3 5 2 4 1 7 651423 6 7 8 5 3 4 1 2 9 11 12 10 13 22 23 21 15 16 19 18 17 14 1 2 3 4 2 3 1 5 6 4 9 10 7 8 1 2 3 4 5 6 ROAD A R O A D B ROADC R O A D C ROAD D R O A D D R O A D D R O A D E R O A D F R O A D C R O A D G R O A D F ROAD F ROADI 8 50 50 50 50 50 50 50 50 50 5 0 50 5 0 50 50 50 50 50 50 5 0 5 0 50 50 5 0 50 50 R=60 R = 6 0 R=60 4 2.5 4 2.5 8 5 50 50 45 50 4 5 15 78 910 1211 1314 5 6 1 2 43 4 12 3 7 65 8 9 6 60 BLOCK 1 LOTS 1 2 3 4 5 6 7 8 9 AREA/SQ FT 9622.81 6600.00 8117.32 9414.13 9324.28 9456.06 9927.58 9324.28 18462.07 BLOCK 2 LOTS 1 2 3 4 5 AREA/SQ FT 6888.93 6868.79 6870.00 7228.45 13996.66 BLOCK 3 LOTS 1 2 3 AREA/SQ FT 9577.29 6600.00 6555.77 BLOCK 4 LOTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AREA/SQ FT 12801.12 7800.00 7800.00 7861.22 10191.41 9170.97 9819.64 11036.15 11036.15 11036.15 11036.15 9499.25 11857.04 7800.00 7800.00 7800.00 10688.85 BLOCK 5 LOTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AREA/SQ FT 8426.57 8408.40 8162.39 8115.36 8116.42 8116.67 8094.75 8434.39 8429.28 8429.28 8429.28 8429.28 11490.94 12254.40 9351.76 9400.74 9400.74 9392.06 9418.47 9593.00 BLOCK 6 LOTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AREA/SQ FT 7800.00 8867.53 11845.96 8099.13 8735.95 8602.50 8213.01 8368.79 8241.59 8264.84 8405.55 8551.72 8542.12 8731.36 8715.49 8731.44 8719.54 BLOCK 7 LOTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AREA/SQ FT 10800.00 7968.97 8214.80 8411.96 8411.96 8178.24 8416.29 8416.29 8178.24 8411.96 8411.96 8178.24 8369.50 10435.31 BLOCK 8 LOTS 1 2 3 4 5 6 7 8 9 10 11 12 AREA/SQ FT 10800.00 7992.67 8167.83 8167.83 8167.83 8167.83 8167.83 8167.83 8167.83 8093.77 8139.34 11768.60 BLOCK 9 LOTS 1 2 3 4 5 6 7 8 9 AREA/SQ FT 13529.88 8429.28 8429.28 8429.28 8429.28 8429.28 8429.28 8429.28 13130.78 BLOCK 10 LOTS 1 2 3 4 5 6 AREA/SQ FT 11337.18 8542.12 8542.12 8542.12 8542.12 10972.23 BLOCK 11 LOTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AREA/SQ FT 11827.49 7849.13 8511.08 7430.90 6837.18 6600.00 6600.00 6600.00 6600.00 6600.00 6600.00 6600.00 6625.06 7097.93 7214.24 7031.47 7008.01 7533.22 BLOCK 12 LOTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AREA/SQ FT 6955.94 6694.09 6626.15 6600.00 6600.00 6600.00 6600.56 6995.05 7219.10 7347.32 7282.97 7477.44 7216.39 8881.17 BLOCK 13 LOTS 1 2 3 4 5 6 7 8 9 10 11 12 13 AREA/SQ FT 14344.11 6598.13 6600.00 7153.05 8635.75 7950.00 6600.00 6600.00 6947.32 7839.14 7302.88 6600.00 11887.02 BLOCK 14 LOTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AREA/SQ FT 10064.92 6608.18 6600.00 7076.20 7626.67 10088.47 8331.71 7381.80 6875.00 6875.00 7631.70 8240.70 6921.30 6875.00 6875.00 6875.00 7003.18 11565.76 BLOCK 15 LOTS 1 2 3 4 5 6 7 8 AREA/SQ FT 12795.84 10528.73 9794.09 10986.54 13501.00 18564.66 20182.26 12943.45 BLOCK 16 LOTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AREA/SQ FT 9774.33 9000.00 9000.00 9000.00 9714.22 10325.89 10000.58 10032.78 9981.76 9981.76 9981.76 10028.68 10179.53 10210.88 9518.60 9651.07 9872.97 9607.32 14267.07 12005.05 12153.70 12755.28 12755.28 BLOCK 17 LOTS 1 2 3 4 AREA/SQ FT 10864.08 9410.60 9437.60 9719.13 BLOCK 18 LOTS 1 2 3 4 5 6 AREA/SQ FT 9607.31 9151.53 9110.96 9387.14 9766.23 9734.70 BLOCK 19 LOTS 1 2 3 4 5 6 7 8 9 10 AREA/SQ FT 12764.38 9127.69 9514.72 9524.09 9347.32 9347.32 9335.57 9928.06 10760.45 10257.83 BLOCK 20 LOTS 1 2 3 4 5 6 7 8 9 AREA/SQ FT 2400.00 2400.00 2400.00 2400.00 2400.00 2400.00 2400.00 2400.00 25296.60 BLOCK 21 LOTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AREA/SQ FT 2400.00 2400.00 2400.00 2400.00 2400.00 2400.00 2400.00 2400.00 2400.00 2400.00 2400.00 2400.00 2400.00 2400.00 86862.68 OUTLOTS OUTLOTS A B C D E F G H I J K L M N AREA/SQ FT 5925.89 40838.20 176255.78 21389.72 29963.80 121212.65 37356.73 43657.01 25210.32 4651.98 3148.77 87208.31 12569.93 599409.89 O P Q R 29140.02 8721.41 4168.36 22166.73 S T U V 3735.93 150350.58 69626.26 1930.08 W14606.59 X Y Z 566.02 64585.73 51585.74 AA 2666.70 OUTLOTS OUTLOTS AREA/SQ FT OUTLOTS OUTLOTS AREA/SQ FT SHEET NUMBER DATENO SURVEY APPROVED DESIGNED DRAWN PROJ. NO. WA S P R E P A R E D B Y M E O R U N D E R M Y D I R E C T S U P E R V I S I O N I H E R E B Y C E R T I F Y T H A T T H I S P L A N , S P E C I F I C A T I O N , O R R E P O R T AN D T H A T I A M A D U L Y L I C E N S E D UN D E R T H E L A W S O F T H E S T A T E O F P R I N T N A M E : SI G N A T U R E : DA T E : LI C . N O . REVISION CHECKED Pl o t D a t e : 1 1 / 2 1 / 2 0 1 4 - 1 1 : 3 5 a m Dr a w i n g n a m e : V : \ 1 9 3 8 \ m i s c e l l a n e o u s \ 1 9 3 8 0 2 5 7 7 \ C A D \ D w g \ 1 9 3 8 0 2 5 7 7 V 4 0 1 . d w g Xr e f s : , 1 9 3 8 0 2 5 7 7 X S P V , 1 9 3 8 0 2 5 7 7 X B R D , 1 9 3 8 0 2 5 7 7 X S X V , 1 9 3 8 0 2 5 7 7 X S X T , 1 9 3 8 0 2 5 7 7 V 3 0 1 T O P O , 1 9 3 8 0 2 5 7 7 X S X W , 1 9 3 8 0 2 5 7 7 X S X V 2 0 0 S C A L E TH E C O N T R A C T O R S H A L L V E R I F Y A N D B E R E S P O N S I B L E F O R A L L D I M E N S I O N S . D O N O T S C A L E T H E DR A W I N G - A N Y E R R O R S O R O M I S S I O N S S H A L L B E R E P O R T E D T O S T A N T E C W I T H O U T D E L A Y . TH E C O P Y R I G H T S T O A L L D E S I G N S A N D D R A W I N G S A R E T H E P R O P E R T Y O F S T A N T E C . R E P R O D U C T I O N OR U S E F O R A N Y P U R P O S E O T H E R T H A N T H A T A U T H O R I Z E D B Y S T A N T E C I S F O R B I D D E N . PE A C H T R E E P A R T N E R S SA W G R A S S , C O R C O R A N , M N 193802577 N 0 200400 Legal Description per Title Commitment File No. 37676 Tract A: That part of the Southeast Quarter of Section 23, Township 119, Range 23, Hennepin County, Minnesota which lies North of Hennepin County Road #10 which was formerly called the Minneapolis Monticello road, excepting therefrom the following described parcels (Parcels 1 through 7): Parcel 1: The East 471.40 feet of the Southeast Quarter of Section 23, Township 119, Range 23. Parcel 2: The West 518.60 feet of the East 990.00 feet of the South 792.00 feet of the Southeast Quarter of Section 23, Township 119, Range 23. Parcel 3: All that part of the Southeast Quarter of Section 23, Township 119, Range 23 described as follows: Beginning at the Southwest corner of the Southeast Quarter of said Section 23; thence East a distance of 1289.70 feet; thence North 2 degrees 7 minutes West a distance of 111.70 feet; thence North 28 degrees 53 minutes East a distance of 200.00 feet; thence South 77 degrees 8 minutes East a distance of 108.90 feet; thence South 28 degrees and 53 minutes West to a point in the South line of the Southeast Quarter of the Southeast Quarter distant 5.80 feet East of the Southwest corner of the Southeast Quarter of the Southeast Quarter said last described point being the point of beginning of the land to be described; thence North 28 degrees 53 minutes East a distance of 280.63 feet; thence South 69 degrees and 32 minutes East a distance of 125.00 feet; thence South 28 degrees and 53 minutes West a distance of 230.20 feet to the South line of the Southeast Quarter of the Southeast Quarter; thence West 141.37 feet to the actual point of beginning. PRELIMINARY PLAT OF SAWGRASS Land Surveyor: Linda H. Brown Stantec Consulting 3717 23rd Street South St. Cloud, MN 56301 320-229-5535 Owner/Developer: Peachtree Partners David Newman 1521 94th Lane NE Minneapolis, MN 55449 763-792-8975 Current Zoning - UR (Urban Reserve) and RMF-3 High Density Residential Proposed Zoning - PUD (Planned Unit Development) Total Acreage of Plat = 103.32 Acres+/- E. LINE OF NE1/4 OF SW1/4 OF SEC. 23, T119 R23 SURVEY LINE PER HENNEPIN COUNTY STATE AID HIGHWAY NO. 10, PLAT 8 NE CORNER OF THE NE1/4 OF THE SW1/4 OF SEC. 23, T119, R23 NE CORNER OF THE SE1/4 OF SEC. 23, T119, R23 (BROKEN PK NAIL) E. LINE OF THE SE1/4 OF THE SE1/4 OF SEC. 23, T119, R23 SE CORNER OF THE SE1/4 OF SEC. 23, T119, R23 (HENNEPIN CTY CIM) S. LINE OF THE SE1/4 OF THE SE1/4 OF SEC. 23, T119, R23 SW CORNER OF THE SE1/4 OF THE SE1/4 OF SEC. 23, T119, R23 CENTER LINE OF COUNTY ROAD #10 66.00 FOOT RIGHT OF WAY FOR C.S.A.H. 10 PER DOC. NO. 3867013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1718 19 OUTLOT A OUTLOT B OUTLOT C OUTLOT D O U T L O T E O U T L O T F O U T L O T G OUTLOTH OUTLOT I 11 OUTLOT O O U T L O T P OU T L O T M OUTLOT N VICINITY & ZONING MAP C.S.A.H.10 C.S.A.H.50 SITE ZONED UR ZONED RMF-3 Parcel 4: All that part of the Southeast Quarter of the Southeast Quarter of Section 23, Township 119, Range 23, Hennepin County, Minnesota, described as follows: Beginning at a point in the South line of the Southeast Quarter of the Southeast Quarter distant 147.17 feet East of the Southwest corner of said Southeast Quarter of the Southeast Quarter; thence North 28 degrees 53 minutes East a distance of 230.30 feet; thence South 69 degrees and 32 minutes East a distance of 73.90 feet to a line running parallel with the East line of the Southeast Quarter of the Southeast Quarter and distant 330.00 feet East of the Southwest corner of the Southeast Quarter of the Southeast Quarter, thence South parallel with the East line of said Southeast Quarter of the Southeast Quarter a distance of 174.80 feet; thence West 182.83 feet to the point of beginning. Parcel 5: All that part of the Southeast Quarter of Section 23, Township 119, Range 23, Hennepin County, Minnesota described as follows: Beginning at a point in the South line of the Southeast Quarter distant 1289.70 feet East of the Southwest corner thereof; thence North 2 degrees 7 minutes West a distance of 111.70 feet; thence North 28 degrees 53 minutes East a distance of 3.74 feet to the center line of County Road #10 and to the actual point of beginning of land to be described; thence continuing North 28 degrees 53 minutes East a distance of 196.26 feet; thence North 47 degrees 52 minutes West a distance of 147.95 feet; thence South 45 degrees 53 minutes West a distance of 180.05 feet to the center line of County Road #10; thence Southeasterly along said center line a distance of 205.00 feet more or less to actual point of beginning. Parcel 6: Commencing in the center line of County Road at a point North 2 degrees 7 minutes West 111.70 feet from a point 1289.70 feet East from the Southwest corner of the Southwest Quarter; thence North 28 degrees 53 minutes East 200.00 feet; thence North 47 degrees 52 minutes West 147.95 feet to the actual point of beginning; thence continuing North 47 degrees 52 minutes West 78.20 feet; thence South 45 degrees 53 minutes West to the center line of the road; thence Southeasterly along said center line to an intersection with a line bearing South 45 degrees 53 minutes West from the point of beginning; thence North 45 degrees 53 minutes East to beginning; all in Section 23, Township 119, Range 23. Parcel 7: Commencing in the center line of County Road at a point North 2 degrees 7 minutes West 111.70 feet from a point 1289.70 feet East of the Southwest corner of the Southeast Quarter of Section 23; thence North 28 degrees 53 minutes East 200.00 feet; thence South 77 degrees 08 minutes East 108.90 feet; thence South 28 degrees 53 minutes West 200.00 feet to center of County Road; thence Northwesterly along center line to point of beginning. Tract B: The East Half of the Southwest Quarter of Section 23, Township 119, Range 23, Hennepin County, Minnesota, Except: That part of the East Half of the Southwest Quarter which lies South of the centerline of Hennepin County Road Number 10, And except: That part of the Northeast Quarter of the Southwest Quarter described as follows: Commencing at the Northeast corner of the Northeast Quarter of the Southwest Quarter of said Section 23; thence on an assumed bearing of South 00 degrees 29 minutes 12 seconds East, along the East line of said Northeast Quarter of the Southwest Quarter 125.85 feet, to the point of beginning; thence South 89 degrees 30 minutes 48 seconds West 300.00 feet; thence South 00 degrees 29 minutes 12 seconds East, parallel with said East line, 575.70 feet to the intersection with the survey line as shown and delineated on Hennepin County State Aid Highway No. 10, Plat 8; thence Southeasterly, along said survey line, to the intersection with said East line; thence Northerly, along said East line, 905.74 feet to the point of beginning. Tract C: That part of the Southeast Quarter of the Southeast Quarter of Section Twenty-three (23), Township One Hundred Nineteen (119), Range Twenty-three (23), Hennepin County, Minnesota, described as follows: Beginning at a point in the South line of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE 1/4) distant 147.17 feet East of the Southwest corner of said Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4); thence North 28 degrees 53 minutes East a distance of 230.30 feet; thence South 69 degrees 32 minutes East a distance of 73.90 feet to a line running parallel with the East line of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) and distant 330.00 feet East of the Southwest corner of the Southeast Quarter (SE 1/4) of Southeast Quarter (SE 1/4); thence South parallel with the East line of said Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) a distance of 174.80 feet; thence West 182.83 feet to the point of beginning. Hennepin County, Minnesota Abstract Property V4.01 PR E L I M I N A R Y P L A T MM REH LHB LHB SU R V E Y O R MI N N E S O T A LI N D A H . B R O W N 2 3 6 8 2 SEE SHEET V4.02 FOR LEGEND OUTLOTK OUTLOT L O U T L O T Z OUTLOT R OUTLOT Q OUTLOT S OUTLOT Y OUTLOT T OUTLOT U O U T L O T V OUTLOT W OUTLOT X O U T L O T A A 20 21 O U T L O T J 1OUTLOT/EASEMENT11/19/14 NOTE: ALL PONDS, WETLANDS, AND WETLAND BUFFERS WILL BE PLATTED IN OUTLOTS AND DEDICATED AS DRAINAGE AND UTILITY EASEMENTS IN THE FINAL PLAT. STAFF REPORT Agenda Item 11a. Council Meeting: February 23, 2017 Prepared By: Brad Martens Topic: Hackamore Road/Steeple Chase Lane Connection Project Action Required: Approval Summary: The development agreement related to Ravinia requires that the connection to Hackamore Road be completed in 2017. Attached to this report is the Engineer’s Memo outlining the project. It is requested that the Council authorize staff to finalize design and obtain quotes. Financial/Budget: See attached memo. 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 finalize design and obtain quotes. 2. Send back to staff for further review. Recommendation: Authorize staff to finalize design and obtain quotes. Council Action: Consider a motion authorize staff to finalize design and obtain quotes. Attachments: 1. Engineer’s Memo 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: Brad Martens, City Administrator From: Kent Torve, PE Date: February 15, 2017 Subject: Hackamore Turn Lanes @ Ravinia Council Action Requested Authorize staff to finalize design and obtain quotes. Background The Ravinia development will connect to Hackamore to provide a second access for either construction or residential traffic. Staff is restarting the discussions with Medina on schedule and extent of improvements and potential cost sharing. Turn Lane One improvement for Hackamore will be a west bound turn lane to enter the development from Hackamore. Since the Medina discussions and agreement will be over the next few years, the turn lane is a stand alone improvement to improve safety and traffic flow. Quote vs. Bid Per municipal statute, a project less than $100K can use the quote process which excludes the cost of public bidding and contracting process. Wenck estimates the turn lane under $100K (approx.$60K to $75K) therefore the quotes will be distributed to multiple contractors to fulfill the legal requirements. Water Connection Medina has requested a discussion of connecting water main across Hackamore for each City to share a redundant supply in case of maintenance or emergency. This will also be part of the staff discussions. Schedule The project has been broken into identifiable steps to move forward with a second entrance into Ravinia while the City discussions are underway. The schedule is as follows: 2017 – (Summer) Turn lane construction entering Ravinia 2017 – (December) Finalize design extents with Medina 2018—Finalize cost sharing agreement with Medina and complete design 2019—Construct improvements Funding The original PUD required $1.1M contribution from Lennar, of which $825K has been deposited with City, and remaining $275K will be deposited in 2017. STAFF REPORT Agenda Item 11b. Council Meeting: February 23, 2017 Prepared By: Brad Martens Topic: Water System Extension Project – Wester Water Loop Action Required: Approval Summary: The development of Ravinia requires the looping of the water system to ensure adequate water pressure and to provide redundancy. Attached to this report is the Engineer’s memo outlining the project. It is requested the Council review the scope and authorize staff to initiate the feasibility study. Financial/Budget: See attached memo. 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. Select project scope and authorize staff to initiate the feasibility study. 2. Send back to staff for further review. Recommendation: Staff recommends initiating the feasibility study to include survey, water main route and booster location, alternate A (not A1) and the model summary and updated results. Council Action: Consider a motion authorize staff to initiate the feasibility study as recommended. Attachments: 1. Engineer’s Memo 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: Brad Martens, City Administrator From: Kent Torve, PE Date: February 16, 2017 Subject: Western Water Loop Feasibility Study Council Action Requested Review the scope of work and modify, or authorize staff to initiate the Feasibility Study. 0.0 Background The buildout of the City’s water system is ongoing, and an important step in extending water is to “loop” the systems for redundancy (flow from two directions) which helps fire flows and dynamic water pressure. Wenck is in the process of updating the water model to represent the Ravinia and Downtown extensions. In 2016, pressure tests were taken on the existing system for the recent ISO review. These results verified the model and the updated model will also show the effect of a booster system. 1.0 Trunk Watermain Routes The original trunk plans called for extending trunk water from St. Thomas location, south along CSAH 116 to 66th Ave. One beneficial modification has been the Downtown Project used 12-inch along Commerce and 75th, so the trunk system is completed to 75th Street and CSAH 116. This route saved considerable cost by upsizing an 8-inch. Trunk system is shown on attached Figure. The route analysis includes: Requesting private utility locates Survey the route alignments Analyze complexities and provide cost estimates Aerial review (desktop) for wetland areas Estimating easement costs based on CR101 watermain and Downtown Projects. Alternate 1 This route analysis will look at cost and route complexities involved with installing the trunk line on the north and east boundary of Olde Sturbridge Development. Alternate 1A This route analysis will look at entering the development and installing under Olde Sturbridge Drive, which would allow adjacent houses to utilize the watermain. Cost analysis will be expanded for street reconstruction costs to estimate assessments. Analysis for sewer is not included. Brad Martens City Administrator 2 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Agendas\2017\2017-02-23\11b1. Engineer's Memo Western Water Loop memo.docx 2.0 Pressure, Fire Flow and Booster Station The water model output will show the effect of “boosting” to a pressure equal to the future downtown water tower, and the options for locations of the station. The booster system is required for a tower and would provide equivalent pressures prior to the tower being built. Figures showing “No Loop” and “With Loop” water pressures and fire flows Show potential booster station locations. o The optimal location is optimal near the connection with Maple Grove (Schommer or Rich’s Acres) property. 3.0 Cost and Funding The study is funded by the water utility and cost is broken out as follows: Survey-- $3,000 (also used in future design) Watermain Route and Booster Location--$3,500 o Alternate A and A1—Olde Sturbridge Routes $2,500 Model summary and updated results -- $2,000 o Total $11,000 4.0 Deliverable and Schedule The report will summarize routes, pressure conditions, fire flows and costs. The study will be delivered for an April Council meeting discussion. Trunk Water System Calamus Cir Pinto Dr Bluebell Tr N W C o r c o r a n T r E Corcoran Tr Hackamore Rd Broc kton La N Mohawk Dr Arrowhead Dr Gleason Rd Blue Bonnet Dr CSAH 50 Meister Rd Maple Hill Rd S c h u t t e R d Cain Rd Horseshoe Tr Larkin Rd Old Settlers R d CR-116 CSAH 10 CITY OF CORCORAN Path: L:\2294\10\mxd\2013 Eng_Plan\Trunk Water System.mxdDate: 11/1/2016 Time: 11:21:34 AM User: ShuJC0243 1,500 0 1,500750 Feet ± Figure 1 NOV 2016 2015 Aerial Photograph (Source: Hennepin County) Legend Water Service Area Parcels Future Trunk Watermain As Built Wa te rm ain 2012 Project and Downtown 2014 Project and Lennar STAFF REPORT Agenda Item 11c. Council Meeting: February 23, 2017 Prepared By: Brad Martens Topic: 2017 Capital Improvement Plan Purchases Action Required: Approval Summary: At the February 25, 2016 Council meeting, the 2016-2017 Capital Improvement Plan (CIP) was approved and staff were authorized to proceed with 2016 purchases. The below table shows 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 It is now time to proceed with the 2017 purchases; below is an updated recommended plan for 2017 as compared to the original plan: Department Item Cost Re-sale Total Updated Cost Updated Resale Total Notes Police Squad - SUV Ford Explorer $42,000 $4,000 $38,000 $45,000 $8,000 $37,000 New equipment Support/protection equipment $7,500 $0 $7,500 $10,217 $0 $10,217 Evidence Room Safe $3,000 $0 $3,000 $3,000 $0 $3,000 Public Works Used Water Truck $9,000 $9,000 Ordered in 2015 Contingency $2,000 $0 $0 $0 Sub-total $50,500 $59,217 Total $438,718 $428,164 2017 Changes:  Police Squad: o Costs have increased more than anticipated making our anticipated purchase cost increase by $3,000 to $45,000; however resale on the newer SUV’s have been more than anticipated decreasing the overall cost by $1,000.  Police Support/protection equipment: o Staff had an opportunity to lock in old pricing before the yearly increase and purchased three radios instead of the projected two for 2017.  Public Works Used Water Truck: o The original plan was to purchase a tank to fit in the dump truck purchased in 2016, the cost of $9,329 was included in the original request for 2016. After additional research, spray bars and a pump were also needed which would have added another $10,000 to the purchase which staff believed to be too high (this is the reason the dump truck purchase in 2016 was $10,000 less than anticipated). o Staff has the opportunity to purchase a used water truck from the City of Wayzata for $9,000 (negotiated price) which would be half the cost of upgrading the dump truck. o Water tanker is used for flooding rinks, watering gravel roads, hauling waste water out of Public Works wash bay, watering ditches after seeding, and watering paved roads while street sweeping; a truck was rented for a week in 2016 for the cost of $2,000. Financial/Budget: The overall changes recommended to the 2016/2017 CIP results in a total anticipated two year cost of $428,164 which is $10,554 less than projected in February 2016. Funding is from the CIP fund. Alignment with Values: This item relates to the following adopted values: EXCELLENCE AND QUALITY IN THE DELIVERY OF SERVICES We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional, cost-effective, and friendly manner FISCAL RESPONSIBILITY We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Options: 1. Authorize the 2017 Capital Improvement Plan purchases as presented. 2. Send back to staff for futher review. Recommendation Authorize the 2017 Capital Improvement Plan purchases as presented. Council Action: Consider a motion to authorize the 2017 Capital Improvement Plan purchases as presented. Attachments: 1. Vehicle Condition Index – 2013 Ford Interceptor Utility 558 Factor Score Notes Age 4 Purchased March 2013 in service in June 2013 Miles/Hours 12 Projected 90,000 miles and 7,500 hrs. at decommission. Type of Service (1-5)5 Reliability (1-5)2 M&R Costs (1-5)1 Vehicle has had some costly repairs including transmission work but they were covered under warranty. Condition (1-5)3 Minor scratches and dings from 4 years of Police service. Rust starting on the inside lower portion of the drivers door. Carpets starting to wear through. Vehicle has been repaired from a deer crash 8-1-16 ($3,500) Would need new tires this fall. Cost Per Mile (1-3)2 Slightly more significant repairs than the average squad (Warranty). Total Points 29 Needs immediate consideration Point Ranges Under 19 points Condition 1 Excellent 20 to 23 points Condition 2 Good 24 to 27 points Condition 3 Meets replacement criteria 28 points and above Condition 4 Needs immediate consideration Notes: Downtime refers to any time the vehicle is not available to be used for its intended purpose. Frequency of use refers to the average use the vehicle has received over the last three years Maintenance and Repair (M & R) refers to all maintenance and repairs less insurance claims. PW time is included as a cost. Cost per mile is the total M & R divided by the miles/hours on the vehicle. Vehicle Condition Index 2013 Ford Interceptor Utility 558 Points One point for each year of chronological age, based upon in-service date. One point for each 10,000 miles of use/500 hrs. of use. 1, 3, or 5 points are assigned based on the type of service that vehicle receives. For instance, a police patrol car would be given a 5 because it is in severe duty service. In contrast, an administrative sedan would be given a 1. Points are assigned as 1, 2, 3, 4 or 5 depending on the frequency of repair/downtime. A 5 would be assigned to a vehicle that has 4.0 to 5.0% downtime or more; 4 for 3.0 to 4.0% downtime; 3 for 2.0 to 3.0% downtime, 2 for 1.0 to 2.0% downtime; and 1 point would be assigned for vehicles with less than 1% downtime. 1 to 5 points are assigned based on total life M & R costs equal to or greater than the vehicle’s original purchase price, while a 1 is given to a vehicle with life M & R costs equal to 20% or less of its original purchase cost. This category takes into consideration body condition, rust, interior condition, accident history, anticipated repairs, etc. A scale of 1 to 5 points is used with 5 being poor condition. Points are assigned as 1,2, or 3 depending on the cost per mile relative to class. A 3 would be assigned to a vehicle with costs per mile higher than average for the class; 2 assigned to a vehicle with costs per mile average for the class; 1 assigned to a vehicle with costs per mile lower than average for the class. STAFF REPORT Agenda Item 11d. Council Meeting: February 23, 2017 Prepared By: Director Matt Gottschalk Topic: Fire Service Comprehensive Growth Plan RFP Action Required: Approval and direction Summary: On November 21, 2016 staff presented the Council with information recommending a Fire Service Study for the City of Corcoran. As a result of that presentation, staff was asked to bring back a request for proposal for the Council to review prior to publication. Staff incorporated feedback provided by the Council on the November 21, 2016 meeting and drafted the attached request for proposals for a Fire Service Comprehensive Growth Plan to serve the City moving forward. If there is additional information that the Council would like to see incorporated into the plan, staff can make those changes prior to publication. City staff, the League of Minnesota Cities, and the Minnesota State Fire Marshal’s Office all believe that this type of professional direction for fire service planning would be very beneficial for the City. Those contacted about the study estimated that the cost would be in the $15,000-$25,000 range. The more items added to the study, the higher the cost will be. Publication of the RFP is not a commitment to enter into an agreement on any of the proposals. Financial/Budget: There will be some minimal costs associated with the publication of the Request for Proposals. 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. ETHICS AND INTEGRITY Staff Report—February 23, 2017 Council Meeting Prepared by Director Gottschalk Page 2 We believe that ethics and integrity are the foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. TREATING THE CITIZEN AS OUR CUSTOMER We believe that citizens are our customers and should be treated with courtesy, respect, and deserve the best services we can provide. PROFESSIONALISM We believe that continuous improvement is the mark of professionalism and are committed to applying this principle to the services we offer and the development of our employees. Options: 1. Approve the RFP as presented and direct staff to publish the RFP. 2. Provide specific recommendations for changes and direct staff to publish the modified RFP. 3. Direct staff not to publish the RFP. Recommendation: 1. Approve the RFP as presented and direct staff to publish the RFP. Council Action: Approval and direction. Attachments: Request for Proposals (RFP)- Fire Service Comprehensive Growth Plan CITY OF CORCORAN Request for Proposals (RFP) Fire Service Comprehensive Growth Plan Proposals Due: March 30, 2017 at 4:00 pm 8200 County Road 116 · Corcoran, MN 55340 Website: www.ci.corcoran.mn.us Request for Proposals Corcoran Fire Service Comprehensive Growth Plan 2 Overview The City of Corcoran, Minnesota is seeking qualified consultants to provide proposals for a Fire Service Comprehensive Growth Plan in order to ensure the efficient delivery of fire services in the community as it grows. Corcoran is located in northwestern Hennepin County on the edge of the Minneapolis/St. Paul metropolitan area and is currently home to approximately 5,500 residents residing in varying degrees of density over 36 square miles. Current growth forecasts anticipate the municipal population doubling in size over the next 20 years. The purpose of this plan is to review existing fire service delivery and provide the City with recommendations for future fire department contract considerations, facilities (including locations), infrastructure, equipment, and staffing; each with corresponding growth trigger points. The plan will also incorporate operating and capital financial planning recommendations. The City Structure The City of Corcoran is a Minnesota home rule charter city governed by a five-person Mayor- Council. The City Administrator serves at the will of the Council and oversees all department heads. The Director of Public Safety oversees the delivery of all Police and Fire services in the community and reports to the City Administrator. Fire services in the City of Corcoran are currently delivered by three contracted agencies. The City does not currently employ any fire department staff directly. Current Contractual Partners The Hanover Fire Department is contracted to serve the northwestern portion of Corcoran. The Hanover Fire Department is a volunteer municipal fire department located in the City of Hanover, Minnesota. The department currently provides firefighting, specialized rescue, fire prevention education, and emergency medical response services. The Rogers Fire Department is contracted to serve the northeastern portion of Corcoran. The Rogers Fire Department is a combination professional/volunteer municipal fire department located in the City of Rogers, Minnesota. The department currently provides firefighting, emergency medical response, hazardous materials response, vehicle extrication, confined space operations, fire prevention education, and ice/water emergency response services. The Loretto Fire Department is contracted to serve the southern portion of Corcoran. The Loretto Fire Department is an independent entity that contracts for municipal fire service coverage and is located in the City of Loretto, Minnesota. The department currently provides firefighting, emergency medical response, hazardous materials response, vehicle extrication, confined space operations, fire prevention education, and ice/water emergency response services. The fire department contract amounts are calculated annually using formulas incorporating property valuations and calls for service. The Future The City is already experiencing some of the projected growth and is committed to providing the most efficient delivery of fire services while making appropriate and timely investments in the City’s future. The City is seeking a plan that articulates developmental impact and Request for Proposals Corcoran Fire Service Comprehensive Growth Plan 3 corresponding ISO rating information supporting the recommended investments. This plan is intended to guide the City in these decisions. The plan must provide sufficient autonomy and foresight to allow the City to act independently while capitalizing on available partnerships and collaborations to reduce expenses wherever possible. Scope of Work The City of Corcoran is seeking a qualified and innovative fire service expert with experience in strategic planning to help build a Fire Service Comprehensive Growth Plan for the City of Corcoran from the ground up. The plan should include at least the following; 1. Gather all pertinent data and information including existing conditions. The consultant will be responsible for all costs associated with obtaining any third-party data. 2. Conduct in-depth analysis of the City as it relates to fire service including but not limited to: a. Population b. Density c. Land Use d. Future Commercial, Industrial, and Residential Development e. City Infrastructure f. Transportation Infrastructure g. Available Apparatus and Equipment h. Current and Potential Partners i. Available Mutual Aid Response 3. Evaluate and summarize existing fire service coverage and contracts. 4. Compose a Fire Service Comprehensive Growth Plan focused on efficiency including an appropriate level of autonomy and including at least: a. Recommendations for the utilization of contracted services b. Public infrastructure recommendations c. Recommendations for any facility improvements or additional facilities including appropriate location(s), capacity, equipment, and staffing. d. Timing triggers and financial planning recommendations for any recommended facility or infrastructure improvements as they relate to development, population, or other factors. e. A cost/benefit/consequence analysis of proposed improvements 5. A plan for integration into existing conditions. 6. The proposed plan should consider opportunities for: a. Increased Efficiency b. Improved Effectiveness c. Enhanced or Expanded Services d. Opportunities to Reduce Costs e. The Coordination of Regional Planning f. The Standardization of Services and Programs g. Potential to Reduce ISO Ratings h. Consideration of International Accreditation i. Impact on State and Local Grant Funding 7. Prepare a draft report for review and comment by city staff and Council representatives prior to completion of the final report. Request for Proposals Corcoran Fire Service Comprehensive Growth Plan 4 8. Provide the City with 12 hard copies and one digital copy (.pdf) of the final report. 9. Conduct a formal public presentation of the final report to the Council and staff with time for questions. Required Meetings Consultants shall provide regular project updates and arrange at least the following meetings: 1. Project initiation meeting with city staff and Council representatives. 2. Onsite community visit and evaluation of existing facilities and equipment. 3. Draft report meeting with city staff and Council representatives. 4. Formal public presentation of the final report to the Council and staff with time for questions. Proposal Submitted proposals must include: 1. A letter outlining the firm and its background with five professional references. 2. A letter outlining the consultants that will be assigned to the project and their professional backgrounds, including who will be designated as the lead on the project. 3. A list of 5 similar studies conducted by the firm, including contact information, conducted within the past 5 years. 4. A project outline with estimated timelines including a work plan and methodology. 5. A detailed meeting list indicating when meetings will be conducted, the purpose of the meetings, and whose attendance will be necessary. 6. A list of additional recommendations or considerations for the Fire Service Comprehensive Growth Plan (if applicable). 7. The cost for unanticipated additional meetings or added time. 8. The total anticipated project cost including a “not to exceed cost.” 9. The submission shall be signed by the person(s) in the responder’s firm or corporation who is authorized to ultimately sign a Contract with the City of Corcoran and who is authorized to respond to questions or provide clarity to the submission. 10. The same person who signs for the firm as required in #9 above shall also certify and warrant, in writing, that the information provided in the proposal is true, correct and reliable for purposes of evaluation for the potential award of a contract and that the firm has complied with the Bidders’ Ethics and Collusion requirements laid out within this RFP. Costs of Proposal All costs of preparing a proposal in response to this RFP shall be borne by the proposing firm. Cancellation The City of Corcoran reserves the right to cancel any contract/agreement, at any time, for any reason, with thirty (30) days prior written notice to the consultant. Request for Proposals Corcoran Fire Service Comprehensive Growth Plan 5 Bidders’ Ethics and Collusion Collusive Bidding: Any firm that submits a proposal in response to this RFP must certify that the firm’s proposal was arrived at independently and was submitted without collusion with and without any agreement, understanding or planned common course of action with any other entity which submits a proposal in response to the RFP. Any firm that is found to have engaged in collusive bidding shall be disqualified from further consideration of award of this contract and shall be subject to any applicable penalties under the law. Bribery: Any firm that attempts to influence a City official to award this contract to such proposer’s firm by offering or promising to provide or by providing to such City official any gratuity, entertainment, commission or any other gift, in exchange for a promise to award the contract to such firm shall be disqualified from further consideration of award of this contract and shall be subject to any applicable penalties under the law. Conflict of Interest: Any firm that submits a proposal in response to this RFP shall disclose a list of all entities with which it has a relationship that create, or appear to create, a conflict of interest with the work that is contemplated in this Request for Proposals. The disclosure should include the name of the entity, the firm’s relationship with that entity, and an explanation of the conflict or potential conflict. Any firm that knows or reasonably should know of any City official having a material direct or indirect financial interest in such proposer’s firm shall be required to submit a written statement, along with the Form of Proposal, detailing such interest. Failure to disclose a known or reasonably discoverable financial interest shall result in the firm’s disqualification from further consideration of award of this contract. Minnesota Government Data Practices Act Compliance Any firm that submits a proposal in response to this RFP must agree that all data created, collected, received, stored, used, maintained, or disseminated in performing a governmental function is subject to the requirements of the Minnesota Government Data Practices Act. Identification of Trade Secret Data All materials submitted by a firm in response to this RFP shall become the property of the City and shall become public in accordance with Minnesota Statute 13.591, Subd. 3, after the evaluation process is completed. If a firm submits data in response to this RFP which it believes to be “trade secret data” as defined by Minnesota Statute 13.37, the firm must: 1) clearly mark all “trade secret data” in its proposal, at the time of submission; and 2) include a statement with each “trade secret data” designation justifying the designation; and 3) agree to defend the City in any action seeking release of the designated data and indemnify and hold harmless the City from any judgments, awards, liabilities, and costs, including reasonable attorneys’ fees, awarded against the City to the party requesting the data and any and all costs of the defense of such claim. Pursuant to Minnesota Statute 13.591, the City maintains discretion to make a final decision as to the designation of data as “trade secret data”, even if it is asserted to be “trade secret data” by the proposing firm. Request for Proposals Corcoran Fire Service Comprehensive Growth Plan 6 Award Criteria The project shall be awarded to the firm and/or consultant(s) whose qualifications are deemed to best provide the services desired, taking into account the requirements, terms, and conditions contained in the request for proposals. The City will consider conformity with the scope of work requested, the performance period, the delivery terms, and the estimated project cost in making its award decision. The City has the absolute and sole discretion in making an award under this RFP. The City may, at its sole and absolute discretion, decide to not issue an award if the City deems it to be in the best interest of the City. Questions and Contact Information Proposal submissions and questions relating to this request for proposals must be submitted in writing to: City of Corcoran Attn: Matt Gottschalk, Director of Public Safety 8200 County Road 116 Corcoran, MN 55357 Email: mgottschalk@ci.corcoran.mn.us To ensure consistent interpretation of certain items, answers to questions the City deems to be in the interest of all will be made available to all other respondents. Proposals Must Be Received by the City No Later Than: March 30, 2017 at 4:00 pm Late Proposals Will Not Be Accepted STAFF REPORT Agenda Item 11e. Council Meeting: February 23, 2017 Prepared By: Brad Martens Topic: Planning Commission Appointment Action Required: Appointment Summary: On February 28, 2016 the term for Planning Commission member Alan Schultz is set to expire. An application has been received from Mr. Schultz for consideration of re- appointment. Financial/Budget: Commission members serve without compensation. Alignment with Values: This item relates to the following adopted values: EQUAL OPPORTUNITY We believe that every employee and citizen should be afforded an equal opportunity to participate in all aspects of employment, citizenship, and governance in the City of Corcoran based exclusively on their ability to contribute. Options: 1. Re-appoint Alan Schultz to the Planning Commission for a term of March 1, 2017 – February 29, 2020. 2. Decline to re-appoint Alan Schultz to the Planning Commission. Recommendation: Re-appoint Alan Schultz to the Planning Commission for a term of March 1, 2017 – February 29, 2020. Council Action: Consider a motion to re-appoint Alan Schultz to the Planning Commission for a term of March 1, 2017 – February 29, 2020. Attachments: 1. Planning Commission Application – Alan Schultz STAFF REPORT Agenda Item 11f. Council Meeting: February 23, 2017 Prepared By: Brad Martens Topic: Parks and Trails Commission Appointments Action Required: Appointment Summary: On February 28, 2017 the terms for Parks and Trails Commission members Sharon Meister and Trish Krueger are set to expire. An application has been received from Ms. Meister for consideration of re-appointment. Staff is reaching out to Ms. Krueger. Additionally it is requested to re-appoint Student Parks and Trails Commissioner Karin Beck to a one-year term for 2017. Financial/Budget: Commission members serve without compensation. Alignment with Values: This item relates to the following adopted values: EQUAL OPPORTUNITY We believe that every employee and citizen should be afforded an equal opportunity to participate in all aspects of employment, citizenship, and governance in the City of Corcoran based exclusively on their ability to contribute. Options: 1. Re-appoint Sharon Meister to the Parks and Trails Commission for a term of March 1, 2017 – February 29, 2020; re-appoint Karin Beck as a Student member of the Parks and Trails Commission for 2017. 2. Decline to re-appoint members to the Parks and Trails Commission. Recommendation: Re-appoint Sharon Meister to the Parks and Trails Commission for a term of March 1, 2017 – February 29, 2020; re-appoint Karin Beck as a Student member of the Parks and Trails Commission for 2017. Council Action: Consider a motion to re-appoint Sharon Meister to the Parks and Trails Commission for a term of March 1, 2017 – February 29, 2020; re-appoint Karin Beck as a Student member of the Parks and Trails Commission for 2017. Attachments: 1. Parks and Trails Commission Application – Sharon Meister STAFF REPORT Agenda Item 11g. Council Meeting: February 23, 2017 Prepared By: Brad Martens, Jessica Beise Topic: Job 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. An initial search took place in November 2016 and ultimately a candidate was not selected for hire. Staff initiated a new search in January 2017 with interviews held on February 14th and 16th. A preferred candidate has been selected and the City Administrator is working on a conditional offer with the candidate. 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 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. 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. Page 2 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 2017 City Council Schedule Agenda Item 12. February 27, 2017  Goal Setting February 28, 2017  Goal Setting March 9, 2017  Approve City Council Goals  Garbage and Recycling Requirements o Residents o Haulers  Council liaison schedule to commission meetings  Public Works Director/Engineer Job Description and recruitment  Response to Solar IUP amendment request March 16, 2017  Comp Plan Kick off meeting with Council and Commissions March 23, 2017  Planning Project Update  Code Compliance Report  Hackamore Road/Steeple Chase Connection o Approve plans and specifications o Authorize staff to quote/bid  Petition for Paving – Sundance Road (from June 9, 2016 meeting) April 13, 2017 (Open book meeting prior)  Financial Performance Report  2016 Surplus Allocation April 20, 2017  Council Comp Plan Meeting – Big Picture Items April 27, 2017  Planning Project Update  Code Compliance Report  Hackamore Road/Steeple Chase Connection –Bid Review