Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2017-03-23 Council Agenda Packet
CITY OF CORCORAN *Includes Materials - Materials relating to these agenda items can be found in the House Agenda Packet by Door. Corcoran City Council Agenda March 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 March 9, 2017 Council Meeting* b. Resolution 2017-13 – Supporting the Northwest Trails Association Grant Application* 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* 9. Planning Business a. Final PUD Development Plan and Final Plat for U.S. Home Corporation (dba Lennar) for Ravinia 8th Addition at 6635 County Road 101 (City File 17-002)* b. Sketch Plan for Gmach Property (PID 05-119-23-13-0002) (City File 17-004)* c. PUD Sketch Plan for MI Homes of Minneapolis, LLC for Land at 19400 County Road 10 (PID 25-119-23-13-002 & 25-119-23-13-0003) (City File 17-006)* d. Proposed Miscellaneous Ordinance Updates (City File 17-005)* 10. Unfinished Business a. Assessment Policy Approval* b. Public Interaction at Council meetings* 11. New Business a. Public Works Director Job Description and Recruitment* b. City Council Strategic Goal Work Plan* c. School District Lease Agreement* d. 2017 Truck Safety Seminar* 12. 2017 Council Schedule* 13. Council Liaison Calendar* Planning Commission 4/6/17 5/4/17 6/1/17 7/6/17 8/3/17 LaFave Keefe Thomas Bottema Dejewski Parks and Trails Commission 4/18/17 5/16/17 6/20/17 7/18/17 8/15/17 Bottema Dejewski LaFave Keefe Available 14. Adjournment CITY OF CORCORAN *Includes Materials - Materials relating to these agenda items can be found in the House Agenda Packet by Door. Corcoran City Council Agenda March 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 March 9, 2017 Council Meeting* b. Resolution 2017-13 – Supporting the Northwest Trails Association Grant Application* c. Added: 3-23-2017 – Resolution 2017-14 Authorizing Accountant Joe Rotz for Fund Transfers and Inquiries at Farmer’s state Bank of Hamel 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* 9. Planning Business a. Final PUD Development Plan and Final Plat for U.S. Home Corporation (dba Lennar) for Ravinia 8th Addition at 6635 County Road 101 (City File 17-002)* b. Sketch Plan for Gmach Property (PID 05-119-23-13-0002) (City File 17-004)* c. PUD Sketch Plan for MI Homes of Minneapolis, LLC for Land at 19400 County Road 10 (PID 25-119-23-13-002 & 25-119-23-13-0003) (City File 17-006)* d. Proposed Miscellaneous Ordinance Updates (City File 17-005)* 10. Unfinished Business a. Assessment Policy Approval* b. Public Interaction at Council meetings* 11. New Business a. Public Works Director Job Description and Recruitment* b. City Council Strategic Goal Work Plan* c. School District Lease Agreement* d. 2017 Truck Safety Seminar* 12. 2017 Council Schedule* 13. Council Liaison Calendar* Planning Commission 4/6/17 5/4/17 6/1/17 7/6/17 8/3/17 LaFave Keefe Thomas Bottema Dejewski Parks and Trails Commission 4/18/17 5/16/17 6/20/17 7/18/17 8/15/17 Bottema Dejewski LaFave Keefe Available 14. Adjournment Page 1 of 1 CITY OF CORCORAN City Council Meeting Minutes March 9, 2017 - 7:00pm The Corcoran City Council met on March 9, 2017 at City Hall in Corcoran, Minnesota. Present were Mayor Thomas, Councilor Keefe, Councilor Dejewski, Councilor Keefe, and Councilor LaFave. 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 City Administrator Martens noted an additional claim was presented. MOTION: made by Keefe, seconded by Dejewski to approve the agenda as amended. Voting Aye: Thomas, Bottema, Dejewski, Keefe, and LaFave (Motion carried 5:0) 4.Presentations No presentations were heard. 5.Open Forum Dorothy Thies, 9530 Cain Road, addressed the Council, suggesting the Council look at Medina’s public participation practices. Ken Kluck, 21800 County Road 50, address the Council regarding the upcoming Corcoran Lions Chevy dinner on April 21, 2017. Mr. Kluck noted tickets are available and that there will be a blood drive at City Hall hosted by the Corcoran Lions June 27th. 6.Consent Agenda a.Draft Minutes of the February 23, 2017 Council Meeting b.Draft Minutes of the February 27th and 28th City Council Work Sessions c.Mama G’s Optional 2AM Liquor License Renewal d.Temporary Liquor License – Hamel Rodeo e.Charitable Gambling Permit – Rocky Mountain Elk Foundation f.Authorization to Bid/Quote 2017 Road Materials MOTION: made by Dejewski, seconded by LaFave to approve the consent agenda as presented. Voting Aye: Thomas, Bottema, Dejewski, Keefe, and LaFave (Motion carried 5:0) 7.Claims as Presented a. Escrow Claims (Fund #500) MOTION: made by Keefe, seconded by LaFave to approve escrow claims as presented. Voting Aye: Thomas, Bottema, Dejewski, Keefe, and LaFave (Motion carried 5:0) b. All Other Financial Claims MOTION: made by LaFave, seconded by Keefe to approve all other claims as presented. Voting Aye: Thomas, Bottema, Dejewski, Keefe, and LaFave (Motion carried 5:0) 6a. 8.Staff Reports / Memos/Commissions a.Commissioner Representatives Mayor Thomas noted Planning Commissioner Russell was in attendance and Parks and Trail Commissioner Robran would be in attendance. b.City Council Goal Setting Session City Administrator Martens presented the report noting the proposed priorities and that staff is preparing a work plan to be presented and adopted at a future Council meeting. 9.Planning Business a.MN Solar Appeal of Financial Guarantee Requirements Michael Krause, Minnesota Solar, addressed the Council and asked that Council reconsider the bond amount for decommissioning process. Mr. Krause noted the decommissioning requirements for other cities, the cost estimates for decommissioning didn’t include the salvage value of the materials, and the required performance bond would be $25,000 annually which significantly lowers the margins for the project. Council inquired about Minnesota Solar’s company structure and contract terms with Xcel energy. Mr. Krause noted the parent companies has been in business for 15 years with Minnesota Solar being founded three years ago and the lease for 25 years was based on the legislation allowing community solar gardens. Council inquired the decommissioning requirements between the property owner and Minnesota Solar. Mr. Krause noted that in many cities, the bond is held by the property owner to ensure decommissioning, however in Corcoran the City would hold the bond per ordinance. City Administrator Martens noted he contacted developers who provided significantly different costs for performance bonds. Council discussed the option of placing the amount of the performance bond into a sinking fund. Council inquired about the salvage cost. Mr. Krause noted the salvage amount was based on raw materials rather than a secondary market for solar panels. Council discussed risk, decommissioning costs, a sinking fund option, and decommissioning with hazardous materials. Council inquired about the costs of projects and the potential for less subsidizes. Mr. Krause noted the industry has reached a tipping point with lower costs to do projects and subsidizes being lessened. Council discussed the low margins, the uncertainty at the end of twenty-five years, and directing or not directing staff to look into a sinking fund. MOTION: made by LaFave, seconded by Keefe to make no changes to Resolution 2016-95. Voting Aye: Bottema, Keefe, and LaFave Nay: Thomas and Dejewski (Motion carried 3:2) b.Draft Survey Questions for 2040 Comprehensive Plan Update Process City Administrator Martens presented the report noting the timeline for the survey. Council provided suggestions for the survey. Suggestions included prioritization, adding an amenities question, adding a question about which schools kids are attending, and adding questions related to kids sports. Council discussed whether having options provide too much feedback. Council discussed adding additional options for questions. Per consensus, staff was directed to utilize feedback and create a draft survey which Council would provide feedback on prior to the survey being distributed via email. 10.Unfinished Business No unfinished business was presented. 11.New Business a.Public Interaction at Council Meetings Mayor Thomas noted that the City’s current public participation system has been brought up as a concern by residents. City Administrator Martens presented the report noting the current opportunities for participation and options for improving the process. Council discussed the perception of the current participation system, processes in surrounding communities, how to handle documents received, limiting multiple speakers on the same topic, informing those commenting know that there feedback is received without creating a dialogue and providing an additional opportunity to residents to comment. Per consensus, staff was directed to create a comment card and bring it back at a future meeting. Council asked staff to note the change in an upcoming newsletter. Council discussed the number of speakers and adding to the comment card. City Administrator Martens noted a policy would need to be created and that staff envisions bringing back a policy at the March 23rd meeting with implementation in April. b.Press Box Funding Request – Snyder Field City Administrator Martens presented the report noting that Kevin Dale with the Corcoran Athletic Association has presented a proposal for a press box at Snyder Field with a future possibility of storage underneath. City Administrator Martens noted that $3,000.00 had been raised in donations for the project and they are seeking match of the $3,000.00. MOTION: made by Bottema seconded by Keefe to allocate $3,000.00 from the Park Dedication Fund towards the proposed press box project. Voting Aye: Thomas, Bottema, Dejewski, Keefe, and LaFave (Motion carried 5:0) c.Council Liaison Schedule to Commission Meetings City Administrator Martens presented the report noting options for liaison schedule options. Council discussed staggering the schedule. Council discussed staggering and upcoming meetings. Per consensus, Council was directed to stagger the schedule. Council discussed attending the Elm Creek Watershed district. City Administrator Martens noted he would send out a notification before the Elm Creek Watershed Commission Agenda for members to attend. d.Equipment Purchase – Bobcat Loaders City Administrator Martens presented the report noting the annual cost to buy and trade in annually is cheaper than maintaining the equipment for a typical five year life span. MOTION: made by Bottema seconded by Dejewski to approve the purchase and trade of Bobcat Loaders as recommended. Voting Aye: Thomas, Bottema, Dejewski, Keefe, and LaFave (Motion carried 5:0) e.Job Offer – Public Works Maintenance Operator City Administrator Martens presented the report noting hiring process, required equipment test and the selected candidate’s background. MOTION: made by LaFave seconded by Dejewski to approve the conditional offer with Dave Kottke as presented. Voting Aye: Thomas, Bottema, Dejewski, Keefe, and LaFave (Motion carried 5:0) f.City Council Work Sessions City Administrator Martens presented the report noting that the possible topics for work sessions with the addition of the mission, vision, and values discussion. Council discussed noting items need additional context and current time constraints. Council inquired about having a representative from the Metropolitan Council speak at a meeting. City Administrator Martens noted he could reach out to Metropolitan Council Representative Rodriguez to speak at a meeting. Council discussed hosting work sessions on an ad hoc basis. 12.2017 Council Schedule City Administrator Martens reviewed the upcoming schedule. Mayor Thomas asked Planning Commissioners to discuss the Planning Commission and Parks and Trails meetings. Ms. Russell noted that the solar project had been tabled. Parks and Trails Commissioner Robran did not have an update. City Administrator Martens noted the March Parks and Trails Commission meeting was cancelled. 13.Council Liaison Calendar The Council liaison calendar was not reviewed, but was available in the Council Packet. 14.Adjournment MOTION: made by Bottema, seconded by Keefe to adjourn. Voting Aye: Thomas, Bottema, Dejewski, Keefe, and LaFave (Motion carried 5:0) Meeting adjourned at 8:39pm. ________________________________ Jessica Beise – City Clerk/Administrative Services Coordinator City of Corcoran March 23, 2017 County of Hennepin State of Minnesota RESOLUTION NO. 2017-13 Page 1 of 1 Motion By: Seconded By: RESOLUTION SPONSORING THE NORTHWEST TRAILS ASSOCIATION TO ACQUIRE STATE OF MINNESOTA DNR FUNDING (2017-2018 SEASON) WHEREAS, the City of Corcoran desires to establish a public snowmobile trail in furtherance of its public recreation program; and WHEREAS, the Northwest Trails Association has asked the City of Corcoran to act as a sponsor to help acquire, construct, and maintain its trails; and WHEREAS, the Northwest Trails Association has indicated it will help and assist the City to acquire, construct, and maintain said trail; and WHEREAS, the State of Minnesota offers financial and technical assistance to the City for the construction of an approved trail; that the trail sponsored by Corcoran would be known as the Snowmobile Trails of Northwest Hennepin County. NOW, THEREFORE, BE IT REOLVED BY THE CITY OF CORCORAN: 1.The City of Corcoran shall apply to the State of Minnesota, through the Department of Natural Resources, for financial and technical assistance in accordance with the laws, rules and regulations governing said assistance. 2.If said assistance is granted, the City of Corcoran shall contract with the Northwest Trails Association for the acquisition of the necessary interests in land and the subsequent construction and maintenance of the trail. 3.With the exception of the financial assistance provided by the State contract with the City, the City of Corcoran shall not be liable for any costs incurred by the club. The City shall be responsible only for the allocation of funds to the extent of the actual monies provided through the State contract. 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 March, 2017. ________________________________ Ron Thomas - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk/Administrative Services Coordinator 6b. 6c. City of Corcoran March 23., 2017 County of Hennepin State of Minnesota RESOLUTION NO. 2017-14 Motion By: Seconded By: RESOLUTION AUTHORIZING ACCOUNTANT JOE ROTZ FOR FUND TRANSFERS AND INQUIRIES AT FARMERS STATE BANK OF HAMEL WHEREAS, Joe Rotz was hired at the City's Accountant commencing March 20, 2017; WHEREAS, part of his duties, Mr. Rotz is required to inquire about City funds and transfer monies as directed by the City Clerk/Administrative Services Coordinator and the City Administrator; NOW, THEREFORE, BE IT REOLVED BY THE CITY OF CORCORAN, Joe Rotz is authorized for funds transfer and inquiry for the City checking and savings accounts at Farmers State Bank of Hamel. VOTING AYE ❑ Thomas, Ron ❑ Bottema, Jon ❑ Dejewski, Brian ❑ Keefe, Mike ❑ LaFave, Tonya VOTING NAY ❑ Thomas, Ron ❑ Botterna, Jon ❑ Dejewski, Brian ❑ Keefe, Mike ❑ LaFave, Tonya Whereupon, said Resolution is hereby declared adopted on this 23rd day of March, 2017. Ron Thomas - Mayor ATTEST: City Seal Jessica Beise — City Clerk/Administrative Services Coordinator Page 1 of 1 I\c ctt-h ovak- CITY OF CORCORAN 03/23/17 3:16 PM C- I � y � � 5 Page 1 Payments Current Period: March 2017 rm V�i pq yq- �Tq �22 Batch Name 0317AP04 Payment Computer Dollar Amt $1,151.00 Posted Refer 29742 SUN LIFE FINANCIAL Ck# 025450 3/23/2017 Cash Payment E 100-41300-131 Employer Paid Health EMPLOYER PAID HEALTH $26.88 Invoice 237687-2017-4 3/22/2017 Cash Payment E 100-41400-131 Employer Paid Health EMPLOYER PAID HEALTH $31.88 Invoice 237687-2017-4 3/22/2017 1 Cash Payment E 100-41920-131 Employer Paid Health EMPLOYER PAID HEALTH $26.88 Invoice 237687-2017-4 3/22/2017 Cash Payment E 1 00 -421 00 -1 31 Employer Paid Health EMPLOYER PAID HEALTH $319.69 Invoice 237687-2017-4 3/22/2017 Cash Payment E 100-43100-131 Employer Paid Health EMPLOYER PAID HEALTH $69.84 Invoice 237687-2017-4 3/22/2017 Cash Payment E 100-42102-131 Employer Paid Health EMPLOYER PAID HEALTH $56.13 Invoice 237687-2017-4 3/22/2017 Cash Payment G 100-20205 Reimbursements COBRA $2.50 Invoice 237687-2017-4 3/2212017 Transaction Date 3/22/2017 Due 0 Farmers State Bank 10100 Total $533.80 Refer 29743 WRIGHT COUNTY SOIL & WATER Ck# 025458 3/23/2017 ash Payment E 100-45200-300 Professional Srvs (GENE TREE GIVEAWAY $617.20 Invoice 032217 3/22/2017 Transaction Date 3/22/2017 Due Farmers State Bank 10100 Total $617.20 Fund Summary 10100 Farmers State Bank 100 GENERAL FUND $1,151.00 $11151.00 Pre - Written Checks $1,151.00 Checks to be Generated by the Computer $0.00 Total $11151.00 Btcv� l�II Di'I��v �«W�S �s I�reS�v�k -e�( A&ctt'-h o-vvJ, CITY OF CORCORAN 03/23/17 3:16 PM C- 0j M Page 1 Payments Current Period: March 2017 . =-r s..�- ,€ v u... ,.--- :.... "'�„ ...� 'i'" .,y s-3 ,... ,. av �. , a ,,, ,,. ,rx,, _.,.- F a ..c—, —., ., .. ,:.- --'r', ,v.: w t!� Batch Name 0317AP04 Payment Computer Dollar Arnt $11151-00 Posted Refer 29742 SUN LIFE FINANCIAL Ck# 025450 3/23/2017 Cash Payment E 100-41300-131 Employer Paid Health EMPLOYER PAID HEALTH $26.88 Invoice 237687-2017-4 3/22/2017 Cash Payment E 100-41400-131 Employer Paid Health EMPLOYER PAID HEALTH $31.88 Invoice 237687-2017-4 3/22/2017 Cash Payment E 100-41920-131 Employer Paid Health EMPLOYER PAID HEALTH $26.88 Invoice 237687-2017-4 3/22/2017 Cash Payment E 1 00 -421 00 -1 31 Employer Paid Health EMPLOYER PAID HEALTH $319.69 Invoice 237687-2017-4 3/22/2017 Cash Payment E 100-43100-131 Employer Paid Health EMPLOYER PAID HEALTH $69.84 Invoice 237687-2017-4 3/22/2017 Cash Payment E 100-42102-131 Employer Paid Health EMPLOYER PAID HEALTH $56.13 Invoice 237687-2017-4 3/22/2017 Cash Payment G 100-20205 Reimbursements COBRA $2.50 Invoice 237687-2017-4 3/22/2017 Transaction Date 3/22/2017 Due 0 .......... .. Farmers State Bank 10100 Total $533.80 Refer 29743 WRIGHT COUNTY SOIL& WATER Ck# 025458 3/23/2017 Cash Payment E 100-45200-300 Professional Srvs (GENE TREE GIVEAWAY $617.20 Invoice 032217 3/22/2017 Transaction Date 3/22/2017 Due 0 Farmers State Bank 10100 Total $617.20 Fund Summary 10100 Farmers State Bank 100 GENERAL FUND $11151.00 $11151.00 Pre-Written Checks $1,151.00 Checks to be Generated by the Computer $0.00 Total $11151.00 i �la,� ill Di't��v �i�w�S STAFF REPORT Agenda Item 8a. Council Meeting: March 23, 2017 Prepared By: Brad Martens Topic: Commission Representatives Action Required: None – Informational Summary: The advisory commission representatives for the March 23rd Council meeting are as follows: Planning Commission: Dean Jacobs Parks and Trails Commission: Deb Regan 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 March 13, 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.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 now complete and will be scheduled for a public hearing at the Planning Commission and City Council in either April or May. 2.2040 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 followed by a community open house on April 17th. 3.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 Planning Commission reviewed this item on March 2nd and action is expected at the March 23rd City Council meeting. 4.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. The Parks and Trails Commission reviewed this on February 21st. The public hearing notice had been sent and then the applicant asked that the item be tabled. The Planning Commission opened the public hearing on March 2nd and continued the public hearing. Staff will work with the applicant to reschedule this item at a future meeting or accept a withdrawal. 5.Gmach Sketch Plan at 22525 County Road 117 (PID 05-119-23-13-0002) (city file 17-004). George Gmach has submitted a sketch plan for a small subdivision with variances from the minimum lot width requirements. This is scheduled for the March 23rd City Council meeting. 6.City Code Amendments (city file 17-005). Staff is requesting that the City Council authorize staff to m ake several small and “clean up” ordinance amendments. Staff will prepare a summary for consideration at the March 23rd meeting. 7.Bass Lake Crossing Sketch Plan for property at 19400 CR 10 (PID 25-119-23-13-0002 & 25-119- 23-13-0003) (City File 17-006). M/I Homes submitted a sketch plan for consideration at the March 23rd City Council meeting. Agenda Item 8b. MEMORANDUM 2 Also, there are a number of projects that have been approved, but are still not filed and closed out: 1. Corcoran Business Park (City file 06-005). The City Council granted a one-year extension to the final plat approval, which expired on April 12, 2011. Staff has spoken to the applicant and is still working to close out this project. Staff has spoken to the applicant and will schedule a meeting when more information is available on the Loretto sewer project. 2. Hope Ministries Conditional Use Permit for Cemetery and Vacation of Drainage & Utility Easement at 19951 Oswald Farm Road (City file 12-002). Hope Ministries submitted a request for a conditional use permit to allow a cemetery west of the existing church. The application was approved by the City Council on March 22nd and site work had begun. The letter of credit for site improvements has been released, but we are holding the escrow pending completion of the approved landscaping. The applicant has indicated that they are considering a site plan amendment application to modify the approved plans. Staff met again with Pastor Brian Lother in December to try to finalize this issue and address some other questions or concerns from him. We hope to be able to wrap this up in the near future. 3. Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning for on Schendel property at 20400 County Road 10 (City file 14-027). The City Council approved the request on December 11, 2014 and granted the applicant 2 years to apply for the final plat and final PUD development plan. Peachtree Partners did not buy the property, but a different developer could still proceed with the approved plan. 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. At that meeting, the City Council approved a one year extension. 4. Commercial Door Addition at 7670 Commerce Street (City file 15-010) The City received an application for approval of a building addition, which required a conditional use permit, interim use permit, variance and site plan approval. The project was reviewed at a public hearing at the June 4th Planning Commission meeting and was approved by the City Council on June 25th. The required landscaping will be finalized and constructed after the downtown infrastructure project is completed. The City will release the remaining escrow when the planting is completed. 5. “Strehler Estates” Final Plat (PID 17-119-23-32-0004) (city file no. 16-001). The applicant submitted a request for approval of a preliminary plat to create 4 lots and an ordinance amendment to allow a private drive for property at 22900 Strehler Road. The City Council approved both items on October 8th. The final plat was approved by the City Council at the January 28th meeting. A stop work order was issued as the developer began construction of the private drive in advance of filing the plat. The applicant is working to address the conditions of approval and then will record the final plat at Hennepin County. 6. Private Drive Ordinance Amendment (City file 16-003). The City Council approved an ordinance amendment allowing private drives in the Rural Residential district, subject to certain conditions. However, after adoption the City Council directed staff to revisit this issue and consider an ordinance amendment to eliminate the requirement that private drives off paved roads must be paved. The City Council approved the amendment on May 26th. The Council also identified additional issues that should be reviewed and discussed at a future date. 7. 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. 8. 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. 9. 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. The applicant has submitted a request that the Council consider revising the financial guarantee requirements. On March 9th, the Council reaffirmed the conditions of the original approval. 10. 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 City Council approved the request at their January 26th City Council meeting. 11. 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. STAFF REPORT / Code Compliance Agenda Item: 8 c. Council Meeting: March 23, 2017 Prepared By: Mike Pritchard Topic: CODE COMPLIANCE REPORT – February 2017 Action Required: Information Only Code Enforcement Issues: Complaint 16-015 (4/6/2016): Home Occupation, Exterior Storage at 21XXX County Road 50. The property owner has been operating an outdoor services business and storing business vehicles and materials on the property, which is in violation of City Code. The owner agreed verbally to a date of “Fall 2016” to have the site in compliance. On November 1, 2016, the City requested a written plan of action to bring the site into compliance. A plan was received on November 30, 2016 which had a completion date of February 28, 2017. On March 1, the owner asked for an extension to March 31. The extension was granted and the owner was advised that no more extensions would be approved. 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. A progress inspection was conducted on March 14. Although progress was made, a final deadline (per District Court) has been set for July. Seasonal Load Limits – Road Restrictions Seasonal load limits (road restrictions) remain in effect. 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 10 3 0 2 0 1 3 5 0 4 20 4 0 19 Complaints and Concerns Permits and Zoning 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 Fax: 612-252-9077 www.landform.net Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC. TO: Corcoran City Council FROM: Mary Matze through Kendra Lindahl, Landform DATE: March 15, 2017 for the March 23, 2017 City Council Meeting RE: Final PUD Development Plan and Final Plat for U.S. Home Corporation (dba Lennar) for Ravinia 8th Addition at 6635 County Road 101 (City File 17-002) 120-Day Review Deadline: May 10, 2017 1.Application Request Lennar submitted a request for approval of a final plat and final PUD development plan for “Ravinia 8th Addition” to allow 20 single-family detached home lots and one outlot on 5.97 acres. This parcel is proposed as an addition to the “Ravinia” subdivision, which was originally planned for a total of 426 single family detached home lots on 266.57 acres. 2.Planning Commission Review Planning Commission reviewed the Final PUD plan at their regularly scheduled meeting on March 2, 2017. They asked staff to review the need for a “no parking” sign at the end of the hammerhead turnaround. Planning Commissioners voted unanimously to recommend approval of the Final PUD plan. 3.Context Level of City Discretion in Decision-Making The City’s discretion in approving a final PUD development plan is limited to whether or not the proposed plan is in substantial conformance with the approved preliminary PUD development plan. If it meets these standards, the City must approve the final PUD development plan. The City’s discretion in approving a final plat is limited to whether or not the proposed plat meets the standards outlined in the City’s subdivision and zoning ordinance and the conditions of preliminary plat approval. If it meets these standards, the City must approve the final plat. Background The City Council approved the Ravinia rezoning to PUD (Planned Unit Development), Preliminary PUD Development Plan and Preliminary Plat on December 23, 2013. Agenda Item: 9a. Lennar Final PUD Development Plan – Ravinia 8th Addition (17-002) 2 March 23, 2017 The Final PUD Development Plan and Final Plat for Phase I was approved by City Council on April 24, 2014. On September 22, 2016, the City Council approved a request for a Comprehensive Plan Amendment to reguide this property from Existing Residential to Low Density Residential contingent upon Metropolitan Council review. The Metropolitan Council letter dated October 13, 2016 notes that the change is consistent with regional plans and was approved. The City Council approved a Rezoning to PUD (Planned Unit Development), Preliminary PUD Development Plan and Preliminary Plat for this property on November 21, 2016. 4. Analysis of Request Staff has reviewed the application for consistency with the approved preliminary plans, as well as City policies. The City Engineer’s comments are incorporated into this staff report and resolution and the detailed comments are included in the attached engineering memo dated February 21, 2017. Staff has included a condition that the applicant must comply with the memo. Final Plat The applicant is requesting approval to plat 20 lots and one outlot in Ravinia 8th Addition. Lot Configuration The minimum lot width and minimum lot area for the underlying RSF-2 District is 80 feet and 11,000 square feet, respectively. As part of the Ravinia original final PUD approval, the approved plan allowed lots widths of 60, 65 and 75 feet. A PUD amendment to allow 55-foot lots was approved in April of 2016 for Ravinia 4th Addition, which is directly south of this site. In 2016, the City Council approved the PUD amendment to add this property to the Ravinia PUD and to allow 55-foot lots on this site. The proposed plan includes lot widths at the setback line ranging from 55 to 90.7 feet 14 of the 23 lots are less than 60 feet wide). The lots range from 7,632 – 19,926 square feet (5 of the 21 lots exceed 11,000 square feet). The smaller, less expensive home provides some housing choice in the Wayzata School District in Corcoran. This subdivision would expand the Ravinia development by 5.97 acres and 20 units as follows: • Phase 1 = 38 Units • Phase 2 = 36 units • Phase 3 = 27 units • Phase 4 = 43 units • Phase 5 = 47 units • Phase 6 = 23 units Lennar Final PUD Development Plan – Ravinia 8th Addition (17-002) 3 March 23, 2017 Total Units = 214 units (of 437 approved) Ravinia 8th Addition = 20 units The Ravinia total increases from 437 to 457 units and 268.07 gross acres to 274.07 gross acres. The revised PUD plans show 20 lots and one outlot. This is consistent with conditions of the preliminary approvals for this phase in Resolution 2016-89 and 2016-90, which required the applicant to replace the cul-de-sac with a hammerhead turnaround at the end of 66th Avenue and provide a trail easement. The proposed lot widths are consistent with the approved preliminary PUD plan. Park Dedication The preliminary approvals required a trail easement to the future County Road 101 trail on Outlot A between Lots 1, Block 2 and Lot 1, Block 3. This is consistent with Condition #6 of Resolution 2016- 90 that requires a trail connection as part of the PUD flexibility. Plan notes indicate that there is a trail easement on Outlot A, however, the trail and easement area are not clearly shown on the plans. The applicant will be required to grade the area for the trail. Staff has included a condition that the applicant show the location of the trail and the trail easement. The trail easement document must be submitted for review and approval prior to release for recording at Hennepin County. The applicant will be required to grade the trail base for the City to pave at a future date when a connection to a trail on County Road 101 is possible. The Commission recommends that this trail easement be considered one of the PUD benefits and no park dedication credit be given. The dedication of this trail easement and the preparation of the trail base in addition to the park dedication cash payment for the 20 new lots are PUD benefits to the City in exchange for the development flexibility requested by the applicant. Drainage and Utility Easements The final plat shows a drainage and utility easement over all of Outlot A and a 20-foot utility easement across Lot 1, Block 3, as well as 10-foot utility easements around the lot lines as required by Section 945.060 of the Subdivision Ordinance. Final PUD Development Plan – “Ravinia 8th Addition” The PUD offers enhanced flexibility to develop the site through the relaxation of most typical zoning district standards. The PUD allows for a greater variety of land uses, construction phasing and a potential for lower development costs. In exchange for this flexibility, the City expects a higher level of design, a more sensitive development than might normally be the case or other benefits. The final PUD development plan must be reviewed for compliance with the preliminary PUD approvals. Staff finds that the final PUD development plan is generally consistent with the approved preliminary plans. Lennar Final PUD Development Plan – Ravinia 8th Addition (17-002) 4 March 23, 2017 Product Type Lennar is requesting final PUD plan approval for 20 “Discovery” homes. The Discovery series is a smaller home (2,100 – 2,600 sq. ft.) than some of the products currently offered in Ravinia and will have 2-car garages. The target market for these homes is young families. The homes will be part of the master association but will not have the association maintained components that are planned in the villas. Staff finds that the proposed homes are consistent with vision for this PUD and that it will add variety to the housing stock within this the community and the neighborhood. Architecture The applicant submitted a series of house plans and color palettes for the project with the preliminary PUD development plan. Each house plan will be reviewed by the City prior to building permit to ensure that the ordinance standards as modified by the PUD are met. However, because this development will be constructed over a period of time, we expected that new or modified house plans will be added to the product line and would be administratively reviewed and approved by the City. The City must review the new product line to make sure that the homes are compatible with the standards in the original approvals for both design and materials. Mail Delivery One centralized mailbox location should be shown on the landscape plans. Condition 19 of Resolution 2014-19 requires that the location of mailboxes be approved by the US Postal Service. The applicant will need to provide proof of the approved location to the City. Signage The preliminary PUD approvals allow two development signs at the main County Road 101 entrance, one sign at the Hackamore entrance and 7 smaller sub-neighborhood signs within the project. No sub-neighborhood signage is proposed in this addition. The applicant will be required to comply with the City standards for street and safety signs. Streets Access to the site is provided from Bridle Path (formally White Tail Trail) on a new public street (66th Avenue North and Cedar Lane North) that will be stubbed to the northern boundary where the road could be extended north when the parcels to the north develop in the future. The applicant’s narrative notes that after discussion with staff, plans have been revised to show a hammerhead turnaround at the end of 66th Avenue North, which is consistent with Condition # 10 of Resolution 2016-90. Lennar Final PUD Development Plan – Ravinia 8th Addition (17-002) 5 March 23, 2017 Sidewalks It is the City’s policy to provide parking on the same side of the street as the sidewalk. The plans show a sidewalk on the south side of 66th Avenue, which is consistent with city standards. Landscaping The landscaping is consistent with what was proposed in the preliminary development plan. It appears that the applicant revised the plans to add an additional 40 understory shrubs along County Highway 101, however, it appears as though there is a typo on the planting plans. The plant schedule code for Bud’s Yellow Dogwood does not match the code shown on the plan. Staff has included a condition to revise the plans to correct the error. The plans were also revised to diversify the mix of street trees to protect against insects and disease. After the typo is corrected, the updated plan satisfies condition Condition # 7 and Condition #9 of Resolution 2016-90. The applicant has been working with the City engineer to provide the required stormwater management. The City engineer’s memo includes conditions that will also allow preservation of the large oak tree in the northwest portion of the site. This tree was originally planned to be removed and can now be saved. Final Plat The applicant is requesting approval of a final plat to create 20 lots and 1 outlot. The final plat is consistent with the approved preliminary plat. Conclusion Staff has reviewed the plan for consistency with the applicable standards outlined in the preliminary approvals, Zoning Ordinance and Subdivision Ordinance. 5. Recommendation Move to adopt the following: a. Resolution 2017-09 approving the Final PUD Development Plan b. Resolution 2017-10 approving the Final Plat and Development Contract Attachments 1. Resolution 2017-09 approving the Final PUD Development Plan 2. Resolution 2017-10 approving the Final Plat and Development Contract 3. Ravinia 8th Addition Development Contract 4. Engineer’s Memo dated February 21, 2017 5. Applicant’s narrative dated January 30, 2017 6. Site Graphics dated January 10, 2017 7. Final Plat January 10, 2017 City of Corcoran March 23, 2017 County of Hennepin State of Minnesota RESOLUTION NO. 2017-09 Page 1 of 3 Motion By: Seconded By: APPROVING FINAL PLANNED UNIT DEVELOPMENT (PUD) PLAN FOR THE LENNAR CORPORATION ON THE 5.97-ACRE SCHWALBE PROPERTY AT 6635 COUNTY ROAD 101 (PID 36-119-23-140-001) (CITY FILE 17-0002) WHEREAS, The Lennar Corporation (“the applicant”) has requested approval of a preliminary plat for 20 single family homes and one outlot on a 5.97-acre parcel legally described as: That part of the Southeast Quarter of the Northeast Quarter of Section 36, Township 119, Range 23, West of the 5th Principal Meridian, described as follows: Commencing at the Southeast corner of said quarter, thence North along the East line of said quarter quarter distance 621.2 feet to the actual point of beginning; thence continuing North along said East line 360 feet; thence West at right angles 759 feet; thence South parallel with said East line 360 feet; thence East to the point of beginning, except road, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed the plan at a public meeting 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 final PUD development plan, subject to the following conditions: 1. A final PUD plan is approved to allow the creation of 20 single family lots and one outlot in accordance with the application materials and plans received by the City on January 10, 2017 and the narrative received January 30, 2017, except as amended by this resolution. 2. Approval is contingent upon City Council approval of the final plat and development contract. 3. The application shall comply with all conditions in the City Engineer’s memo dated February 21, 2017. 4. Development is subject to the preliminary approvals in Resolutions 2016-89 and 2016-90. 5. The development shall be subject to all conditions of the “Ravinia” preliminary PUD development plan approval and all amendments. City of Corcoran March 23, 2017 County of Hennepin State of Minnesota RESOLUTION NO. 2017-09 Page 2 of 3 6. The PUD is hereby approved to allow 55-foot wide lots in this plat. All platted residential lots shall comply with the following: 55‐foot lots Front, From County Road 101 60 feet Front, From all other streets 20 feet Front Porch (≤ 120 square feet) 15 feet Side (living) 5 feet Side (garage) (Minimum separation between structures on adjacent parcels shall be 10 feet.) 5 feet Rear 25 feet Maximum Principal Building Height 35 feet 7. PUD flexibility is provided to allow the face of the garage to exceed 55% of the building face. In exchange for flexibility: a. Garage door colors shall be compatible with the building colors. b. Architectural elements shall be added above the garage to de-emphasize the garage doors. c. Garage doors shall be architecturally styled (this includes details such as raised panels, accent color, windows, etc.) to match the exterior of the home. 8. The approved PUD standards are hereby approved to specifically allow flexibility from the Zoning Ordinance requirement that “Each elevation facing a street or park shall have a minimum of 50% comprised on natural material consisting of brick, stone, stucco, hardi- board, redwood, cedar or other similar materials. A minimum of two different materials is required, except that brick may be used on the entire elevation.” a. Homes shall be allowed to have vinyl siding on the front elevation. b. The front elevation shall have a minimum of two different materials, which may include vinyl and stone/brick. c. A variety of vinyl siding styles are encouraged on all elevations (lap siding, board and batten, shake, etc.). 9. The mailbox locations shall be approved by the US Postal Service and proof of the approved locations provided to the City, prior to release of the final plat for recording. 10. The applicant shall comply with City standards for street and safety signs. 11. No sub-neighborhood signage is requested or approved in this phase. 12. Prior to building permit, the applicant shall revise the landscape plan so that the planting schedule key code matches the code labels on the planting plan. 13. City staff must approve the final sidewalk locations prior to construction. 14. Park dedication is required as follows: City of Corcoran March 23, 2017 County of Hennepin State of Minnesota RESOLUTION NO. 2017-09 Page 3 of 3 a. The applicant shall revise plans and the plat to dedicate a 20-foot wide trail easement connecting 66th Avenue North and Cedar Lane North to County Road 101. b. The trail base shall be graded by the developer. c. No park dedication credit will be given for the proposed trail easement or grading work as the trail dedication is a benefit of PUD flexibility. d. Park dedication shall be cash in lieu of land for the 20 new lots. 15. As part of the 2014 Ravinia PUD approvals, the City and developer entered into a Recapture and Reimbursement Agreement dated April 24, 2014 for reimbursement of the cost of certain required off-site infrastructure improvements. The agreement required “Benefitted Properties” to pay the City a Recapture Fee in the amount of sanitary sewer TLAC fees and those fees shall be passed onto Lennar. However, since the Benefitting Property is Lennar, the City will waive TLAC fees on this site in lieu of the payment/recapture anticipated. This change is reflected in the development contract for Ravinia 8th Addition. 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 March 2017. ________________________________ Ron Thomas - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk/Administrative Services Coordinator City of Corcoran March 23, 2017 County of Hennepin State of Minnesota RESOLUTION NO. 2017-10 Page 1 of 3 Motion By: Seconded By: APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR “RAVINIA 8TH ADDITION” FOR PROPERTY AT 6635 COUNTY ROAD 101 (PID 36-119-23-140-001) (CITY FILE 17-0002) WHEREAS, U.S. Home Corporation (dba Lennar) (“the applicant”) has requested approval of a final plat for “Ravinia 8th Addition” for 20 lots and 1 outlot on property legally described as follows: That part of the Southeast Quarter of the Northeast Quarter of Section 36, Township 119, Range 23, West of the 5th Principal Meridian, described as follows: Commencing at the Southeast corner of said quarter, thence North along the East line of said quarter quarter distance 621.2 feet to the actual point of beginning; thence continuing North along said East line 360 feet; thence West at right angles 759 feet; thence South parallel with said East line 360 feet; thence East to the point of beginning, except road, Hennepin County, Minnesota. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that the Corcoran City Council approves the request for a final plat; and; FURTHER, that the development contract for said plat shall be completed by city staff and the Mayor and that the City Administrator be authorized to execute the development contract on behalf of the City; and FURTHER, that the approval is granted based on the following findings and conditions: 1. A final plat is approved to create for 20 lots and 1 outlot for Ravinia 8th Addition, in accordance with the plans and application received by the City on January 10, 2017 and the narrative received January 30, 2017, except as amended by this resolution. 2. The final plat is consistent with the preliminary plat approvals. 3. Approval is contingent upon City Council approval of the final PUD development plan for Ravinia 8th Addition. The developer shall comply with all conditions of final PUD development plan approval (Resolution 2017-09). 4. Development is subject to the preliminary approvals and amendments, except as otherwise amended. 5. A development contract must be executed by the developer and the City and must be filed with the final plat. City of Corcoran March 23, 2017 County of Hennepin State of Minnesota RESOLUTION NO. 2017-10 Page 2 of 3 a. Prior to finalizing the contract, the developer must provide construction estimates for the Development Contract that include landscape and trail base construction costs for City review and approval. 6. Park dedication is required according to Resolution 2017-09 (PUD final plan approval). 7. The applicant shall comply with all requirements of the City Engineer’s memo, dated February 21, 2017. 8. The final plat and plans shall be revised to show 66th Avenue North and Cedar Lane North not Road 1, in compliance with the City street naming policy. 9. The applicant must provide a temporary easement for the temporary turnaround in Outlot A. 10. The applicant must provide a stormwater maintenance agreement. 11. The following conditions be met prior to issuance of building permits: a. The applicant must file the final plat, easements and related documents at Hennepin County within 2 years of the date of approval or the approval shall expire. b. The applicant must record the approving resolutions and associated documents at Hennepin County and provide proof of recording to the City. c. The applicant must record the required revisions to the HOA documents. d. All drainage and utility easements shall be staked, surveyed and properly recorded prior to beginning any work on site. e. Wetland buffer monument signs must be purchased from the City and installed by the applicant. f. The applicant shall provide the approved preliminary and final plan drawings to the City in an electronic (AutoCAD) format. 12. The following conditions be met prior to release of remaining escrow: a. Lot corner monuments shall be installed as required by the Subdivision Ordinance. A financial guarantee shall be required to ensure installation per city requirements. City of Corcoran March 23, 2017 County of Hennepin State of Minnesota RESOLUTION NO. 2017-10 Page 3 of 3 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 March 2017. ________________________________ Ron Thomas - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk/Administrative Services Coordinator (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) RAVINIA 8TH ADDITION AGREEMENT dated ____________________, 2017, by and between the CITY OF CORCORAN, a Minnesota municipal corporation (“City”), and U.S. Home Corporation (dba Lennar) (the “Developer”). This is an amendment to the Ravinia Development Contract dated June 12, 2014. 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Ravinia 8th Addition (referred to in this Contract as the "plat"). The land is situated in the County of Hennepin, State of Minnesota, and is legally described as: That part of the Southeast Quarter of the Northeast Quarter of Section 36, Township 119, Range 23, West of the 5th Principal Meridian, described as follows: Commencing at the Southeast corner of said quarter quarter; thence North along the East line of said quarter quarter distant 621.2 feet to the actual point of beginning; thence continuing North along said East line 360 feet; thence West at right angles 759 feet; thence South parallel with said East line 360 feet; thence East to the point of beginning, except that part thereof lying southerly of the most northerly line of Block 2, RAVINIA 4TH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota and it's easterly extension. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within (180) days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Unless separate written approval has been given by the City, within the plat or land to be platted, the Developer may not construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the plat has been recorded with the Hennepin County Recorder's Office, and 4) the City’s Planner has issued a letter that all conditions have been satisfied and that the Developer may proceed. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and trunk line area charge (TLAC)s for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges - 2 – will be calculated and imposed based on the fee schedule in place at the time the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within nine (9) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For nine (9) years from the date of the original Contract, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved final plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A – Final Plat, received January 10, 2017 Plan B – Final Street Plan, received January 10, 2017 Plan C – Final Street Lighting plan received January 10, 2017 Plan D – Final Sanitary Sewer and Watermain Plan, received January 10, 2017 Plan E – Final Storm Sewer Plan, received January 10, 2017 Plan F – Final Landscape Plan, received January 10, 2017 Plan G – Final Grading, Drainage, and Erosion Control Plans, received January 10, 2017 8. IMPROVEMENTS. The Developer shall install and pay for all of the following improvements within the project area: • Streets • Sanitary Sewer • Watermain • Surface Water Facilities (pipe, ponds, rain gardens, etc.) • Grading and Erosion Control • Sidewalks/Trails • Street Lighting • Underground Utilities • Street Signs and Traffic Control Signs • Landscaping Required by Section 1060 of the Zoning Ordinance • Tree Preservation • Wetland Mitigation and Buffers - 3 – • Monuments Required by Minnesota Statutes • Miscellaneous Facilities The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the city engineer or designee. The Developer shall contract with an engineer to provide field inspection personnel in order for the Developer's engineer to be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and engineers inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer and/or the Developer’s engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or his or her engineer shall schedule a pre-construction meeting at a mutually agreeable time at City Hall with all parties concerned, including the City staff, to review the program for the construction work. All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No deviations from the approved plans and specifications will be permitted unless approved in writing by the city engineer or designee. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by the contract. The Developer shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of this contract, for which reimbursement is expected from the City, unless such work is first approved in writing by the city engineer or designee. The Developer shall be responsible for construction of all improvements in conformance with the approved plans and specs. 9. OFF-SITE PUBLIC IMPROVEMENTS. The developer agreed to pay the City the cost of these improvements as outlined in the Master Development Contract dated June 12, 2014 above, except the Hackamore Improvements, 66th Avenue and County Road 116 improvements, with the Phase I final plat. No payments for public improvements are due for the Phase 8 development, however, the final remaining payments shall be due on December 31, 2017: • Hackamore final payment of $285,000.00 (or the remaining portion of the developer’s share of the costs). • CSAH 116 and 66th Avenue turn lanes as outlined in the feasibility study and estimated at $125,000. • CSAH 116 and 66th Avenue street improvements as outlined in the feasibility study and estimated at $900,000. • The developer’s portion (50% of the total actual cost) of the CSAH 116 traffic signal as outlined in the feasibility study and estimated at $100,000. • The developer shall be responsible for any additional costs required to reconcile the as-built project costs and close out the sewer and lift station project and the CSAH 101 turn lane project. - 4 – The original approvals required the developer to make the connection to Hackamore Lane when the final plat was approved for 40% of the lots in the preliminary plat. This number was exceeded when Ravinia 5th and 6th were approved on July 28, 2016. The developer is required to make this connection by December 31, 2017. The City shall complete the required turn lanes on Hackamore in conjunction with the developer’s street connection. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: • Hennepin County for County Road Access and Work in County Rights-of-Way • Minnesota Department of Health for Watermains/Wells • NPDES Permits • MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal • Hennepin County for Septic System Permits and/or Abandonment • DNR for Dewatering and Work in Protected Waters • City of Corcoran for Building Permits and Building Demolition • MCES for Sanitary Sewer Connections • Watershed Permits 11. TIME OF PERFORMANCE. The Developer shall install all required public improvements in Phase 8 by November 15, 2017, unless otherwise approved by the City, with the exception of the final wear course of asphalt on streets. The Developer shall have the option of installing the wearing course of streets within one (1) year following initial commencement of work on the required basic improvements or installing it after the first course has weathered a winter season, consistent with warranty requirements. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. The developer also agrees to fund off-site improvements as noted in this agreement. 12. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the platted property to perform all work and inspections deemed appropriate by the City in conjunction with the development. 13. GRADING PLAN. The plat shall be graded in accordance with the approved grading drainage and erosion control plan, Plan G. The plan shall conform to City of Corcoran Engineering Design Standards. 14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan G, shall be implemented by the Developer and inspected and approved by the City. Erosion control practices must comply with the Minnesota Pollution Control Agency’s Best Management Practices. The City may impose additional erosion control requirements if they would be beneficial. All erosion control shall comply with Section 950 (Erosion Control) of the Corcoran City Code and the Corcoran Engineering Design Standards. 15. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all street maintenance until the streets are accepted by the City. Warning signs shall be placed when - 5 – hazards develop in streets to prevent the public from traveling on same and to direct attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to insure that the streets are passable to traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the subdivision swept clean of dirt and debris that may spill, track or wash onto the street from Developer’s operation. 16. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract, the improvements lying within public easements or right-of-way shall become City property. Prior to acceptance of the improvements by the City, the Developer must furnish the following affidavits: • Contractor’s Certificate • Engineer’s Certificate • Land Surveyor’s Certificate 17. PARK DEDICATION. Park dedication is due for the inclusion of Ravinia 8th Addition to the Ravinia PUD. Park dedication is required as follows: A. The applicant shall dedicate a 20-foot wide trail easement connecting Cedar Lane North to County Road 101. B. The trail base shall be graded by the developer. C. No park dedication credit will be given for the proposed trail easement or grading work as the trail dedication is a benefit of PUD flexibility. D. Park dedication shall be cash in lieu of land in the amount of $79,400.00 (20 new lots x $3,970.00 per lot). 18. WATERMAIN / STORAGE TRUNK LINE AREA CHARGE (TLAC). This plat is subject to a watermain/storage trunk line area charge (TLAC). The charge is calculated as follows: 6.0 net acres (based on pre-developable area) x $5,500.00 per acre = $33,000.00 for Phase 8. Future phases shall be cash with the final plat for each future phase subject to the then-current rates. 19. WATER CONNECTION CHARGE. This plat is subject to a water connection charge calculated as follows: 20 units x $1,093.00 per unit = $21,860.00. The fees shall be paid at the time of building permit. Future development shall be cash at the time of issuance of each building permit at the then-current rates. The developer will be responsible for payment of the then-current water connection charge set by the City of Maple Grove. 20. SANITARY SEWER TRUNK LINE AREA CHARGE (TLAC). This plat is subject to a sanitary sewer trunk line area charge (TLAC). The charge is calculated as follows: The charge is calculated as follows: 6.0 net acres (based on pre-developable area) x $3,700 per acre = $22,200.00 for Phase 8. HOWEVER, as part of the 2014 Ravinia PUD approvals, the City and developer entered into a Recapture and Reimbursement Agreement dated April 24, 2014 for reimbursement of the cost of certain required off-site infrastructure improvements. The agreement required “Benefitted Properties” to pay the City a Recapture Fee in the amount of sanitary sewer TLAC fees and those fees shall be passed onto Lennar. This was one of the Benefitted Properties. However, since the - 6 – Benefitted Property is now being developed by the developer, the City will waive TLAC fees on this site in lieu of the payment/recapture anticipated. Future phases shall be cash with the final plat for each future phase subject to the then-current rates. The developer will also be responsible for payment of the then-current SAC fee set by the Metropolitan Council. 21. SANITARY SEWER CONNECTION CHARGE. This plat is subject to a sanitary sewer connection charge calculated as follows: 20 units x $1,093.00 per unit = $21,860.00. The fees shall be paid at the time of building permit. Future development shall be cash at the time of issuance of each building permit at the then-current rates. 22. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. All utilities, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any certificate of occupancy, except two model homes on a lot acceptable to the City Planner may be issued a certificate of occupancy if needed for the Parade of Homes. B. Outhouses. The Developer shall provide on-site a sufficient number of portable outhouses to be available for the persons who will be working on-site until improvements are accepted by the City of Corcoran. C. The Developer shall comply with the City of Corcoran Engineering Design Standards. D. Prior to issuance of building permits, wetland buffer monuments shall be placed in accordance with the City’s zoning ordinance. Specifications for the monuments are available from the City Planner. E. Breach of the terms of this Contract by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits, including lots sold to third parties, and the halting of all work in the plat. F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, their contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the City Engineer. 23. STREET REGULATORY SIGNS/TRAFFIC CONTROL SIGNS. Street name signs shall be installed by the Developer in accordance with the City of Corcoran Engineering Design Standards. The Developer shall install traffic control signs in accordance with the plan approved by the City Engineer and Minnesota Manual on Uniform Traffic Control Devices. All signs must be installed prior to final building inspection approval or earlier if necessary as determined by the City Engineer. 24. STREET LIGHT INSTALLATION AND OPERATION COSTS. The developer shall pay for and install all street lights. The street light shall be of a design approved by the City. The developer shall be responsible for street light operation and maintenance costs until such time as the City accepts the public street where the streetlights are located. After the acceptance the City shall be responsible for all costs, subject to the street lighting policy. The costs of operation are dependent upon the operation costs for Wright Hennepin Electric under contract franchise with the City of Corcoran. - 7 – 25. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. a. Specifically, the developer shall reimburse engineering escrow account for ongoing plan review, stormwater modeling, full time inspection, erosion compliance, testing, and construction coordination for $240,000. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 26. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. The Developer shall post a $2,000.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 20 lots at $100.00 per lot. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. B. The Developer must obtain a sign permit from the City Building Official prior to installation of any subdivision identification signs. C. The Developer shall supply a complete set of the approved construction plans in an AutoCAD.DWG electronic file format before the preconstruction conference. D. The Developer shall include the “City of Corcoran’s Standard Detail Specifications” (all applicable sections) in the contract documents of their improvement project. E. Other requirements: - 8 – 1. A final plat is approved to create for 20 lots and 1 outlot for Ravinia 8th Addition, in accordance with the plans and application received by the City on January 10, 2017 and the narrative received January 30, 2017, except as amended by this resolution. 2. Development is subject to the preliminary approvals and amendments, except as otherwise amended. 3. The developer must submit a final plat for each future phase of development. No final approvals are granted at this time for future phases. 4. A development contract must be executed by the developer and the City and must be filed with the final plat. 5. Prior to finalizing the contract, the developer must provide construction estimates for the Development Contract that include landscape and trail base construction costs for City review and approval. 6. The applicant shall comply with all requirements of the City Engineer’s memo, dated February 21, 2017. 7. The final plat and plans shall be revised to show 66th Avenue North and Cedar Lane North not Road 1, in compliance the City street naming policy. 8. The applicant must provide a temporary easement for the temporary turnaround in Outlot A. 9. The applicant must provide a stormwater maintenance agreement. 10. The PUD is hereby approved to allow 55-foot wide lots in this plat. All platted residential lots shall comply with the following: 55-foot lots Front, From County Road 101 60 feet Front, From all other streets 20 feet Front Porch (≤ 120 square feet) 15 feet Side (living) 5 feet Side (garage) (Minimum separation between structures on adjacent parcels shall be 10 feet.) 5 feet Rear 25 feet Maximum Principal Building Height 35 feet 11. PUD flexibility is provided to allow the face of the garage to exceed 55% of the building face. In exchange for flexibility: a. Garage door colors shall be compatible with the building colors. b. Architectural elements shall be added above the garage to de-emphasize the garage doors. - 9 – c. Garage doors shall be architecturally styled (this includes details such as raised panels, accent color, windows, etc.) to match the exterior of the home. 12. The approved PUD standards are hereby approved to specifically allow flexibility from the Zoning Ordinance requirement that “Each elevation facing a street or park shall have a minimum of 50% comprised on natural material consisting of brick, stone, stucco, hardi- board, redwood, cedar or other similar materials. A minimum of two different materials is required, except that brick may be used on the entire elevation.” a. Homes shall be allowed to have vinyl siding on the front elevation. b. The front elevation shall have a minimum of two different materials, which may include vinyl and stone/brick. c. A variety of vinyl siding styles are encouraged on all elevations (lap siding, board and batten, shake, etc.). 13. The mailbox locations shall be approved by the US Postal Service and proof of the approved locations provided to the City, prior to release of the final plat for recording. 14. No parking signs shall be installed along one side of the street. 15. No sub-neighborhood signage is requested or approved in this phase. 16. The following conditions be met prior to issuance of building permits: a. The applicant must file the final plat at Hennepin County within 2 years of the date of approval or the approval shall expire. b. The applicant must record the approving resolutions and associated documents at Hennepin County and provide proof of recording to the City. c. The Annexation Amendment to the Neighborhood Declaration of Covenants must be submitted for City review and recorded with the final plat. d. All drainage and utility easements shall be staked, surveyed and properly recorded prior to beginning any work on site. e. The applicant shall revise the landscape plan so that the planting schedule key code matches the code labels on the planting plan. f. City staff must approve the final sidewalk locations. 17. The following conditions be met prior to release of remaining escrow: a. Lot corner monuments shall be installed as required by the Subdivision Ordinance. A financial guarantee shall be required to ensure installation per city requirements. - 10 – 27. MISCELLANEOUS. A. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat or any part of it. B. Certain retaining walls will require a Building Permit. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. C. Appropriate legal documents regarding Homeowner Association documents, conservation easements, covenants and restrictions, as approved by the City Attorney, shall be filed with the Final Plat. D. The parties anticipate that the Developer will make the HOA responsible for maintenance, repair or replacement of landscaping and irrigation in the boulevard medians and cul de sac islands; maintenance, repair or replacement of storm water improvements as needed and maintenance, repair or replacement of private park improvements. The Developer agrees to inform purchasers of lots within the Subdivision that 1) the city does not plan to maintain or pay for maintenance, repair or replacement of any such improvements and that the HOA will have primary responsibility for such work; 2) the City has the right but not the obligation to perform necessary work upon the failure or refusal of the HOA to do so; and 3) if the city performs any work on these improvements, the City intends to assess the cost of such work against the lots within the Subdivision and other portions of the property. E. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,500,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $2,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given thirty (30) days advance written notice of the cancellation of the insurance. F. Third parties shall have no recourse against the City under this Contract. G. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. H. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. - 11 – I. This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. The developer shall provide the City with proof of ownership (fee title) at the time this document is executed. J. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City’s demand, the Developer shall cease work until there is compliance. 28. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, following a 30 day written demand that developer cure the default, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than 48 hours in advance. This contract is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 29. WARRANTY/PERFORMANCE GUARANTEE. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer or its contractors shall submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit or performance bond for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one (1) year from the date of final written acceptance, unless the wearing course is placed during the same construction season as the bituminous base course. In those instances, the subdivider shall guarantee all work, including street construction, concrete curb and gutter, sidewalks and trails, material and equipment for a period of two (2) years from the date of final written City acceptance of the work. C. The required warranty period for sod, trees and landscaping is one growing season following installation. - 12 – 30. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this agreement, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit, in the form attached hereto, from a bank, cash escrow or a combination cash escrow and Letter of Credit ("security") for $577,105.06, which represents 125 percent of the estimated cost of the Improvements. The Letter of Credit shall be issued by a bank determined by the City to be solvent and creditworthy and shall be in a form acceptable to the City. The Letter of Credit shall allow the City to draw upon the instrument, in whole or in part, to reimburse the City for the full cost of the Improvements. The letter of credit shall include an automatic renewal clause. The letter of credit shall guarantee to the City the construction and satisfactory completion of all items to be completed by the developer; that the letter of credit shall be reduced from time to time as work is performed and accepted in a satisfactory manner; that the city engineer may reduce the letter of credit to the amount reasonably estimated by the City engineer to be necessary to cover the remaining construction obligations; however, the letter of credit shall not be reduced below the amount estimated by the City to cover all obligations of development including payment of costs and expenses incurred by the City for legal, engineering, planning and any other costs until a maintenance bond for period of one year, satisfactory to the city attorney and the city engineer has been provided by the developer or its subcontractor. Notwithstanding anything herein to the contrary, the Subdivision Letter of Credit shall not be reduced to less than $50,000, until such time as the City releases the entire Subdivision Letter of Credit. If at any time the City reasonably determines that the bank or banks issuing the Letter of Credit no longer satisfy the City’s requirements regarding solvency and creditworthiness, the City shall notify the Developer and the Developer shall provide to the City within 30 days a substitute for the respective Letter of Credit from another bank meeting the City’s requirements. If the Developer fails to provide the City within 30 days with a substitute Letter of Credit from an issuing bank satisfactory to the City, the City may draw under the existing Letter of Credit. The amount of the security was calculated as follows: - 13 – ESTIMATED COSTS Developer ITEM City Project (1) Installed (2) Private (3) Total Street Construction* $123,654.50 $123,654.50 Hackamore Road CSAH 101 Turn Lanes CSAH 116 and 66th Avenue Turn Lanes 66th Avenue Street Improvements Traffic Signal at CSAH 101 Traffic Signal at CSAH 116 Sanitary Sewer System $70,698.20 $70,698.20 Watermain System $70,810.00 $70,810.00 Storm Sewer System $60,139.03 $60,139.03 Boulevard and Drainage Swale Sod Pond Construction/Wetland Rest. Rain Garden Street and Traffic Control Signs Sidewalk Improvements Trail Improvements Landscaping $11,000 $11,000 Street Lighting Site Grading & Drainage Imp.** $89,183.50 $89,183.50 Setting Iron Monuments $2,000 Tree Preservation and Reforestation Wetland Buffer Monuments SUB-TOTAL: $427,485.23 $427,485.23 Admin, Insp, As-Builts (8%) $34,198.82 $34,198.82 Total: $461,684.05 $461,684.05 Total Project Cost $461,684.05 (1) Public Improvement/City Project. City to own and maintain after development complete. (2) Developer Installed Public Improvements. City to own and maintain after development complete. (3) Private - Property owner and/or property owners' association to maintain after development completed. *Street Construction includes costs for sidewalk and trail improvements **Note: If a grading permit was issued and the financial guarantee released and/or expired, these monies may be used for the required maintenance of the erosion and sediment control plan. - 14 – 31. This breakdown is for historical reference; it is not a restriction on the use of the security. The City shall provide the Developer written notice of any default for which the City feels a draw down may be necessary. Upon receipt of notice, developer shall have 15 days to cure any default The City may draw down the security, if the developer fails to cure the default or violation of the terms of this contract or if the security. The bank shall be subject to the approval of the City Administrator. If the required public improvements are not completed at least 30 days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the city engineer or designee that work has been completed and financial obligations to the City have been satisfied, with city engineer or designee approval the security may be reduced from time to time by 75% of the financial obligations that have been satisfied. Twenty-five percent (25%) of the amounts certified by the Developer's engineer shall be retained as security until: (1) all improvements have been completed; (2) iron monuments for lot corners have been installed; (3) all financial obligations to the City satisfied; (4) the required "record" plans have been received by the City; (5) a warranty security is provided; and (6) the public improvements are accepted by the City. 32. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City at the time of final plat approval for Phase 8: Engineering Escrow $240,000.00 Park Dedication $79,400.00 Sanitary Sewer Trunk line area charge (TLAC) $0 Water Supply Trunk line area charge (TLAC) $33,000.00 TOTAL CASH REQUIREMENTS LEVIED: $352,400.00 33. AGREEMENT RUNS WITH THE LAND. This Agreement shall run with the Property and shall be recorded against the title thereto. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the land within the Subdivision; that there are no unrecorded encumbrances or interests relating to the Property; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. 34. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: _______________________________ _______________________________ _______________________________ Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Corcoran City Hall, 8200 County Road 116, Corcoran, MN 55340. The Developer shall notify the City within five (5) days of change of address. CITY OF CORCORAN: BY: ______________________________________ Ron Thomas, Mayor (SEAL) AND _____________________________________ Brad Martens, City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _______ day of ________________, 20____, by Ron Thomas and by Brad Martens, the mayor and city administrator of the City of Corcoran, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________ NOTARY PUBLIC DEVELOPER: By: ______________________________________ Its: ______________________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ________ day of ________________, 20____, by __________________________________ the ____________________________________ of ______________________________________ on its behalf. ______________________________________ NOTARY PUBLIC DRAFTED BY: CITY OF CORCORAN 8200 County Road 116 Corcoran, MN 55340 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT _______________________________________________________, fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this _____ day of ____________, 2_____. ______________________________________ ______________________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of _____________, 2____, by ______________________________________________________. ________________________________________ NOTARY PUBLIC DRAFTED BY: CITY OF CORCORAN 8200 County Road 116 Corcoran, MN 55340 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT _______________________________________________________, which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this _____ day of ____________, 2_____. ______________________________________ ______________________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2_____, by __________________________________________________________________________. ________________________________________ NOTARY PUBLIC DRAFTED BY: CITY OF CORCORAN 8200 County Road 116 Corcoran, MN 55340 CONTRACT PURCHASER CONSENT TO DEVELOPMENT CONTRACT _______________________________________________________________, which/who has a contract purchaser's interest in all or part of the subject property, the development of which is governed by the foregoing Development Contract, hereby affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property in which there is a contract purchaser's interest. Dated this _____ day of ____________, 2_____. ______________________________________ ______________________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2____, by ____________________________________________________________________________. ________________________________________ NOTARY PUBLIC DRAFTED BY: CITY OF CORCORAN 8200 County Road 116 Corcoran, MN 55340 IRREVOCABLE LETTER OF CREDIT TEMPLATE To: City of Corcoran Attn: City Clerk 8200 County Road 116 Corcoran, MN 55340 Dear Sir or Madam: We hereby issue, for the account of _____________________________, and in your favor, our irrevocable letter of credit in the amount of $_________________, for the purpose of _____________________ available to you by your draft drawn on sight on the undersigned financial institution. To draw on the Letter of Credit, the draft letter must: a. Bear the clause, “drawn under the Letter of Credit No. _____________, dated ___________, 2_____, of (Name of Bank); b. Be signed by the Mayor or City Administrator of the City of Corcoran. c. Be presented for payment at ___________________, on or before the expiration date of the letter of credit. d. Reason for the draw and the cost to be drawn against the letter of credit. THE FOLLOWING STATEMENT MUST BE INCLUDED ON ALL LETTERS OF CREDIT SUBMITTED TO THE CITY OF CORCORAN: This Letter of Credit shall automatically renew for successive one year terms unless, at least forty-five (45) days prior to the next annual renewal date the financial institution delivers written notice to the City of Corcoran City Administrator that it intends to modify the terms of, or cancel, this letter of credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty- five (45) days prior to the next annual renewal date addressed as follows: City of Corcoran, Attn: City Clerk, Corcoran City Hall, 8200 County Road 116, Corcoran, MN 55340, and is actually received by the City administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation of Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: _______________________________ Signature _______________________________ Its _______________________________ Printed Name of Signator Copy: City of Corcoran City Planner City of Corcoran City Engineer City of Corcoran City Administrator Hennepin County Property Map Date: 2/20/2017 Comments: 1 inch = 200 feet PARCEL ID: 3611923140001 OWNER NAME: U S Home Corporation PARCEL ADDRESS: 6635 Co Rd No 101, Corcoran MN 55340 PARCEL AREA: 5.99 acres, 261,138 sq ft A-T-B: Abstract SALE PRICE: $147,500 SALE DATA: 11/1991 SALE CODE: Warranty Deed ASSESSED 2015, PAYABLE 2016 PROPERTY TYPE: Residential HOMESTEAD: Homestead MARKET VALUE: $375,000 TAX TOTAL: $5,452.10 ASSESSED 2016, PAYABLE 2017 PROPERTY TYPE: Residential HOMESTEAD: Homestead MARKET VALUE: $386,000 This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2017 Technical Memo Wenck Associates, Inc. | 1800 Pioneer Creek Center | P.O. Box 249 | Maple Plain, MN 55359-0249 Toll Free 800-472-2232 Main 763-479-4200 Email wenckmp@wenck.com Web wenck.com - To: Charlie Wiemerslage, P.E. From: Kevin Mattson, P.E., Kent Torve, P.E., Kirby Templin, P.E. Date: February 21st, 2017 Subject: Ravinia 8th – Plan Review Comments A plan set, dated (signed) 1/6/17, has been received for the proposed Ravinia 8th Addition. The following comments are in regards to the plans submitted and should be considered in revisions to next submittal. General 1. Updated City standard detail plates will be provided. Incorporate updated plates as appropriate including those details shown on individual sheets throughout the plan set. 2. Submit a list, and the status of, all permits required for the project. Sanitary Sewer & Watermain 3. Wet tap connections are not allowed if other construction means are available. Therefore, the contractor shall cut in a tee fitting at the water connection to the 14” HDPE watermain along CSAH-101. 4. Relocate the watermain connection to CSAH-101 via Outlot A. Avoid high points along the utility corridor. The side yard setbacks between Lots 1 & 2, Block 3 can be reduced. Adjust storm sewer pipe alignments and grading as needed. 5. Install a gate valve north of the tee at the watermain loop connection to CSAH-101 in Road 1. 6. Review future sewer cover and pipe grades to the north. Will it work to stub out the sanitary sewer pipe to the north or will those future lots need to be serviced to the north? 7. Adjust sewer and watermain alignments near Sta. 2+10 to avoid watermain installation directly below CBMH-2. 8. Update general sewer and water plan notes – specifically Note 3 Services and risers shall be SCH 40. Charlie Wiemerslage, P.E. February 21, 2017 2 \\MSPFSV02\Studios\Planning & Urban Design Studio\City of Corcoran\COR17002 - Ravinia 8th\2017-02-21 City Engineer Comments Ravinia 8th_Revised.docx Storm Sewer 1. The Maple Grove drainage would overwhelm the filtration basin as designed and cause aesthetic issues for residents and complaints to City Hall. Therefore, reroute the existing stormwater drainage flows coming from underneath CSAH-101 (Maple Grove) southwesterly towards Pond 4 in Ravinia 1st/4th. Additional grading in the rear yards of Lots 1-4, Block 3 is required. a. Review modified stormwater treatment plan with city engineer to maintain compliance with watershed requirements. Modifications of future ponds may be necessary. b. Combine the two parallel stormsewers into one system. This will require removing existing pipe, which was installed with the understanding that future modification may occur upon development of Schwalbe parcel. Filtration Basin 1. Provide a minimum of 15-foot access for maintenance to and around the filtration basin. The preferred path is from the Bridle Path cul-de-sac. 2. Pretreatment is required, and forebays with rip rap at basin inlets which have 10% of the water quality volume excavated below the FES. 3. Add additional catch basins at the low points in the road near stations 0+35 to collect road drainage and provide necessary water quality treatment. 4. Adjust the OCS skimmer elevation so the 100-YR event passes through the OCS. 5. Provide a sump invert to CBMH’s 2 & 8 (3-foot minimum). 6. All outlet control structures should have a 4-foot sump invert from bottom of inlet pipe. 7. Provide a minimum of 1.0% grade across storm sewer leads (see pipe runs CBMH-9 to CB-14 & CBMH-2 to CB-3). 8. Relocate the EOF for the filtration basin closer to OCS 15 so that the over land discharge is located at the property line to the north. 9. Provide sump connections for all parcels that do not abut wetlands or ponds. Review with city engineer possible connections to storm sewer installed as part of Ravinia Phase 4. 10. Install draintile cleanouts to the sump connection system upstream of all 45-degree bends or wye connections. (90-degree bends will not be accepted.) Charlie Wiemerslage, P.E. February 21, 2017 3 \\MSPFSV02\Studios\Planning & Urban Design Studio\City of Corcoran\COR17002 - Ravinia 8th\2017-02-21 City Engineer Comments Ravinia 8th_Revised.docx Modeling 11. Submit the stormwater model information for review. Additional information is required to verify the pass-through drainage from culvert underneath CSAH-101. Review design options to reroute these flows. 12. Submit complete watershed maps that cover the whole watersheds that fall wholly and partially within the Schwalbe Property project boundaries. The watershed maps should be for existing and proposed conditions. On the maps, show the project boundary, label watersheds with IDs that correlate to the HydroCAD model, include watershed areas, and the watershed CN. 13. Provide storm sewer plans with outlet details for control structures. 14. Add elevations to EOF’s at all street and trail crossings. 15. Verify inlet capacity requirements are meet. Grading 16. The low opening of Lot 2, Block 1 does not meet the 2-foot separation requirement from the EOF. 17. The low openings of Lot 1, Block 2 & Lots 1-3, Block 3 do not meet the 2-foot separation requirements from the EOF for the future road extension conditions. If the existing stormwater flows can be rerouted towards Ravinia 1st/4th, the issue is resolved. 18. Regrade the stormwater treatment area to protect the large oak tree located west of OCS-15. Coordinate with city engineer. 19. Identify and label all EOF locations and elevations. 20. Verify minimum of 15-foot access routes for all general maintenance requirements to and around ponds, utilities, etc. Streets 21. Stub streets to have permanent traffic barriers per standard template as provided by City Engineer. 22. Install concrete curbing along the north end of the street to prevent surface water runoff from impacting the adjacent property. 23. Verify vertical and horizontal curves meet typical standards including sight distance requirements. Charlie Wiemerslage, P.E. February 21, 2017 4 \\MSPFSV02\Studios\Planning & Urban Design Studio\City of Corcoran\COR17002 - Ravinia 8th\2017-02-21 City Engineer Comments Ravinia 8th_Revised.docx 24. Pedestrian ramps shall meet current ADA requirements and include information related to cross-slopes, approach grades, truncated dome orientation, and general layout. Provide details. 25. Identify any proposed retaining wall locations. 26. Label draintile cleanout locations on the plans. Draintile should be shown up grade from CBMH-9 consistent with city standards. 27. Construct concrete sidewalk along the boulevard to match actual road length (north end). Plat 28. Verify easements over utilities, ponds, wetlands, etc. provide sufficient coverage for access and maintenance activities. 29. Verify 10-foot future trail easement along CSAH-101 to match the Ravinia Development. End of Comments s.f.0.24acres s.f.s.f.0.24acres +/-l.f. s.f.0.22acres s.f.s.f.0.22acres +/-l.f. s.f.0.24acres s.f.s.f.0.24acres +/-l.f. s.f.0.24acres s.f.s.f.0.24acres +/-l.f. s.f.0.22acres s.f.s.f.0.22acres +/-l.f. s.f.0.21acres s.f.s.f.0.21acres +/-l.f. s.f.0.20acres s.f.s.f.0.20acres +/-l.f. s.f.0.31acres s.f.s.f.0.31acres +/-l.f. s.f.1.89acres s.f.s.f.1.89acres s.f.0.24acres s.f.s.f.0.24acres +/-l.f. s.f.0.24acres s.f.s.f.0.24acres s.f.0.36acres s.f.s.f.0.36acres +/-l.f. s.f.0.46acres s.f.s.f.0.46acres +/-l.f. s.f.0.34acres s.f.s.f.0.34acres +/-l.f. s.f.0.26acres s.f.s.f.0.26acres +/-l.f. s.f.0.20acres s.f.s.f.0.20acres +/-l.f. s.f.0.20acres s.f.s.f.0.20acres +/-l.f. s.f.0.19acres s.f.s.f.0.19acres +/-l.f. s.f.0.18acres s.f.s.f.0.18acres +/-l.f. s.f.0.18acres s.f.s.f.0.18acres +/-l.f. s.f.0.18acres s.f.s.f.0.18acres +/-l.f. s.f.0.23acres s.f.s.f.0.23acres +/-l.f. s.f.2.76acres s.f.s.f.2.76acres s.f.0.10acres s.f.s.f.0.10acres +/-l.f. s.f.0.10acres s.f.s.f.0.10acres s.f.1.27acres s.f.s.f.1.27 acres s.f.6.27acres s.f.s.f.6.27 acres Total4,216 0 4,216 OUTLOTGROSS AREA WETLAND AREANET AREA WIDTH @ SETBACK A4,216 0 4,216 0 BLOCK 2GROSS AREA WETLAND AREANET AREA WIDTH @ SETBACK Total10,559 0 10,559 RAVINIA 8TH ADDITIONCorcoran, Minnesota 272,9560272,956 TOTALGROSS AREA WETLAND AREANET AREA R/W 55,313 0 55,313 GROSS AREA WETLAND AREANET AREA Lot 119,860 0 9,860 65.9 Total120,323 0 120,323 Lot 219,924 0 19,924 55 Lot 314,615 0 14,615 55 10,559 75.5Lot 110,559 0 Lot 115,527 0 15,527 66 952-476-6000 BLOCK 1 Contact:David PembertonProject #5401-676 Date January 5, 2017Contact:Joe Jablonski Sathre-Bergquist, Inc.150 Broadway Ave. S. Wayzata, MN 553911000 Plymouth Road Plymouth MN 55446Lennar of Minnesota Prepared by:Prepared for: 8,924 10,491 GROSS AREA NET AREA Lot 1 0 tel:tel: 13,625 82,545 10,491 9,710 10,587 60 13,625 82,545 Lot 8 Total 10,512 9,550Lot 5 Lot 6 Lot 7 0 0 0 0 0 0 0 57 57 60 WIDTH @ SETBACK 65.8 9,550 9,146 9,710 10,587 10,512 0 WETLAND AREA 57 57 Lot 2 Lot 3 Lot 4 Lot 411,232 0 11,232 59.3 Lot 58,872 0 8,872 58 9,146 8,924 75.3 BLOCK 3GROSS AREA WETLAND AREANET AREA WIDTH @ SETBACK Lot 68,626 0 8,626 58 Lot 78,183 0 8,183 58 Lot 107,632 0 7,632 55 Lot 87,908 0 7,908 59 Lot 97,944 0 7,944 59.6 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE1-888-937-5150 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 Fax: 612-252-9077 www.landform.net Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC . TO: Corcoran City Council FROM: Kendra Lindahl, Landform DATE: March 14, 2017 for the March 23, 2017 City Council Meeting RE: Sketch Plan for Gmac h Property (PID 05-119-23-13-0002) (City File 17-004) 60-DAY REVIEW DEADLINE:May 7, 2017 1.Application Request George Gmach has submitted a request for sketch plan review of 3 lots on a 37.43-acre parcel. The property has an existing farmstead plus three additional remaining development rights. 2.Contex t Zoning and Land Use T he property is guided Rural/Ag Residential and zoned Rural Residential. The surrounding properties to the east, south and west are guided and zoned the same, but the property to north across County Road 117 is located in the City of Rogers. Natural Resources T here are several wetlands on site, but some of the wetlands on the farm have been impacted. 3.Analysis of Request Sketch Plan T he sketch plan shows a subdivision to create 4 lots on this 37,43-acre parcel. The applicant has provided 3 different concepts for the Council to review. All the concepts would require a variance from the minimum lot width requirements. The ordinance requires all new parcels to have a minimum 200-foot lot width, which is measured by frontage on either a public or private street. T he RR zoning district requires a minimum lot area of 2 acres, unless the property is developed as an open space preservation (OSP) plat, which would then have a maximum lot size of 4 acres, but no minimum lot size. T his parcel has adequate frontage on the north for the farmstead lot, but the 2-3 lots created on the south would not comply with the minimum lot width requirements. The applicant points out that one of the lots could access onto Oakdale with lot width of less than 200 feet and the other 1 or 2 lots could access off Rush Creek Drive to the east. Agenda Item: 9b. Gmach Sketch Plan (city file 17 -004) 2 March 23, 2017 The Council could approve a variance for a subdivision like this only if the Council finds that all the follow variance standards have been met: a. That there are practical difficulties in complying with the Zoning Ordinance. b. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and were not created by the landowner. c. That the granting of the variation will not alter the essential character of the locality. d. The proposed variance would be in harmony with the general purposes and intent of the Ordinance. e. The variance is consistent with the Comprehensive Plan. The Council is not being asked to act on a variance tonight, but simply to provide feedback on whether the applicant’s plan seems reasonable and feedback on whether a variance may be considered for the development. Natural Resources/Wetlands Hennepin County Natural Resource inventory shows several wetlands on the property. The applicant has asked the City Council to consider waiving the wetland delineation requirements for all or a portion of the site and encourage the Elm Creek Watershed Management Commission (ECWMC) to do the same. The City Code requires that a wetland delineation be completed as part of any subdivision. Although the City Code does not provide any specific process or authority, previous City Councils have granted “waivers” from the wetland delineation requirements on large parcels where no development is proposed. For example, in the past the Council has waived the delineation for the large farmstead site but required it for the new buildable lots. Staff could support a similar request for a subdivision on this site. However, when property is platted, the City is required to notify several public agencies, including the ECWMC. The ECWMC is the Local Government Unit (LGU) for the Wetland Conservation Act (WCA) and they have shown little willingness to defer the delineation in these types of subdivisions. Consequently, the City could provide a waiver from the wetland delineation, but the ECWMC would likely use their authority to require one as a condition of plat approval. The Council should provide feedback and direction on the concept of a City waiver from the wetland delineation requirement for the farmstead lot. Gmach Sketch Plan (city file 17 -004) 3 March 23, 2017 Parks, Trails and Sidewalks The Comprehensive Plan includes the 2030 Parks & Trails Plan shows an on-road trail on County Road 117. Since no new trails or parks are shown on this property, park dedication would likely be cash in lieu of land at the time of final plat. Summary The applicant is requesting feedback on the different sketch plan options provided, but is more specifically asking for Council feedback on; a. The proposed variances for lot frontage b. Waiver from City wetland delineation requirements 4. Action The applicant is requesting comments on this sketch plan. Any comments given by the City are advisory in nature and non-binding. The applicant will consider the comments from the City when they prepare their formal submittal. Attachments a. Aerial Location Map b. Applicant’s narrative c. Sketch Plan graphics Date: 3/14/2017 Hennepin County Natural Resources Map Legend Streams FEMA Floodplains - 100Year A AE FLOODPLAIN AH AO AE FLOODWAY Wetlands Potential Wetland - HCWI Probable Wetland - HCWI Probable Wetland - NWI Comments:¯PID: 0511923130002 Address: 22525 CO RD NO 117, CORCORAN Owner Name: GEORGE B GMACH TRUSTEE Acres: 37.43 1 inch = 800 feet This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2017 George B. Gmach 22600 Oakdale Drive Rogers, MN 55374 1 March 1, 2017 Memo To: Corcoran City Council From: George B. Gmach Re: Gmach Subdivision The Gmach property in Corcoran consists of 37.43 acres with dimensions of 660’ by 2640’, less road ROW. There is one 200’ by 544’ exception, created in 1976, prior to building rights, by metes and bounds, located in the SW corner. Without the road ROW and the exception, the property would be 40 acres. The property includes a house that was built in 1916 and a barn that was built in 1914. Both were built by my grandfather, George Gmach. There is also a concrete silo built in the 1950’s. There is a free-standing two-car garage next to the house that was built in 2002. Other old buildings have been demolished. About half of the land was historically used as dairy pasture and the remainder was used for crops. The land contains several small ponds and some seasonally wet areas. The current wetland maps are based on aerial photos and are not accurate because they confuse high pasture grassland with trees as wetland. The land has been held in a trust for 18 years. The beneficiary of the trust is now deceased and the trust needs to be distributed to the heirs. Therefore, sale of the property is necessary to comply with the provisions of the trust. One of the Gmach family members wants to retain the farmstead and as much of the land as possible. Thus, a division is contemplated to reduce the cost of the land and to compensate the other heirs. The property has four development rights, including the old homestead. The family has considered an OSP division, under provision B of the ordinance, that would potentially increase the rights to six. However, the configuration of the land in an elongated parcel, and the presence of wet soils in strategic locations, would require long costly driveways to reach some of the prime building sites. The cost of development and the disruption of the use of the remaining property are greater than the potential market value of lots. Lots in the area are selling at 50% to 75% of their 2006 values and the costs of development have increased. Thus, the family has limited its request for development to two prime lots with access requiring the least amount of investment. The property has four access points. There are two driveways on County Road 117. As a dairy farm this allowed milk haulers to drive in and exit without having to turn around. There is approximately 165 feet of frontage on Oakdale Drive and a 60’ access from Rush Creek Drive. The 660’ width of the original property on the south is to be divided as follows: • East Lot = 200’ • West Lot = 200’ George B. Gmach 22600 Oakdale Drive Rogers, MN 55374 2 • Existing Exception = 200’ • Remaining 60’ to be added to the Existing Exception along with additional land to align the north lot lines. The remainder with the farmstead will be approximately 30 acres and will retain two development rights, including the farmstead. West Lot: 200’ wide by 660’ deep or 3.03 acres, less road ROW for Oakdale. Orientation is north-south. The lot is highest in the center and presents either a south or north facing walkout opportunity. There is a limited area of seasonally wet soils on the extreme north end of the lot that has been successfully planted in soybeans and corn. The west side of the west lot contains mature spruce, red pines and black walnut that were planted in 1992. These are tall enough to provide a wind shelter and privacy. The options for on-site treatment areas are numerous. Access is proposed from Oakdale Drive in a 100’ ROW frontage area. Sight lines appear to meet MNDOT standards. Gas access is from Oakdale. Electric access is from Oakdale. East Lot will be 3.03 acres. The lot is highest in the center and presents an excellent south- facing walkout opportunity. There are limited areas of seasonally wet soils on the north end of the lot that have been successfully planted in soybeans and corn. The south 2 acres contain no wet soils. The options for on-site treatment areas are numerous. Access is from Rush Creek Drive. Gas utility is also from Rush Creek Drive. Electric access is from Oakdale. Both building sites are of very high quality. The east lot is of lower value because Rush Creek Drive exits onto Bechtold Road, which is gravel. It also lacks the tree amenities of the west lot. If both lots were served from Rush Creek Drive, the cost to build a roadway would be significant spread over only two lots. In addition, there would be confusion for drivers who might think that it is a public roadway. The road would cut through the east lot to reach the west lot, unless the east lot were reduced to 1.5 acres. Both lots would be reduced in value by Bechtold Road access. Reconfiguration of the lots would fail to take advantage of the prime building sites. A road or private drive would not serve future development unless an OSP were used to create more development rights. In that case, the added cost and value reductions on the other two lots would largely wipe out any benefits of an additional lot. All future development of the remaining 30 acres would come from County Road 117. The two lots would logically use building sites facing Oakdale Drive to take advantage of the central high areas and the views. They would line up with homes on Rush Creek Drive and would share the same high ground as the exception lot. The ordinance calls for 200’ feet of frontage. This is no-doubt a requirement that controls the configuration of lots and prevents odd arrangements. These lots are rectangular and have 200’ feet of width, but due to location and curvature of road accesses would technically require a built road or purchase of frontage from a neighbor. Because Oakdale curves away from the George B. Gmach 22600 Oakdale Drive Rogers, MN 55374 3 original 40 acres, the neighbor owns a small triangle of land fronting Oakdale. Approaching the neighbor adds a higher level of complexity, due to the potential future impact on that property, which today can’t be determined. Since these are lots that do not lead to open space for future development, there is no public purpose for building a road. We request that the Council express either an intent to look favorably on a variance application, or to consider an ordinance amendment that would give the Council flexibility to address similar cases. As a separate matter, a significant cost is added by the requirement to perform wetland delineation of the entire property. It seems that this is an unreasonable requirement. Let’s use an example of a land owner wanting to develop one three-acre lot. If a land owner has 80 acres and several wet areas, they are required to pay significantly more in consulting fees than an owner with 20 acres with a similar proportion of wetlands. This is differential treatment because it is unrelated to the scope of benefit and is related to the size of the unaffected land ownership. In our case, this could add $5,000 to $10,000 to the cost of the project over the cost of only delineating the affected areas and the immediate surrounding area. The cost must be built into the cost of the lots and ends up being the last marginal payments on a 30-year mortgage, with nearly 30 years of interest compounded on the original cost. Please consider some pressure to mitigate this obvious case of governmental over-reach that has marginal public benefit. 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 Fax: 612-252-9077 www.landform.net Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC . TO: Corcoran City Council FROM: Kendra Lindahl, Landform DATE: March 14, 2017 for the March 23, 2017 City Council Meeting RE: PUD Sketch Plan for MI Homes of Minneapolis, LLC for land at 19400 County Road 10 (PID 25-119-23-13-0002 & 25-119-23-13-0003) (City File 17-006) 60-DAY REVIEW DEADLINE:May 7, 2017 1.Application Request MI Homes of Minneapolis, LLC has submitted a request for a PUD sketch plan review for 97 homes on this 51.26-acre site. 2.Contex t Zoning and Land Use T he larger property is currently vacant and the smaller parcel has an existing home and accessory structures that would be removed. The property is guided Mixed Use Residential (which anticipates 8-10 units per acre) and is zoned RSF-3 (Single and Two Family Residential). The Zoning Ordinance notes that “Areas zoned RSF-3 are guided Low Density on the City’s 2030 Comprehensive plan. Development within this district is required at a minimum density of 3.0 units per net acre up to a maximum of 5.0 units per acre.” There is an existing conflict between the adopted Land Use and Zoning. The City will need to modify either the land use or zoning to be consistent. T he property is in the Southeast District and is subject to the adopted Design Guidelines in Appendix B of the Zoning Ordinance. T he Corcoran Southeast District Plan and Design Guidelines subcommittee recommended that the Mixed Residential land be reclassified as Low Density Residential. Surrounding Properties T he properties to the east, south and west are guided Mixed Use Residential and the property to the north is guided Low Density Residential. The properties to the east and west are zoned RSF-3, the property to the north is guided RSF-2 (single family residential 2) and the property to the south across County Road 10 is zoned Urban Reserve and is developed as Shamrock Golf Course. Al l the surrounding properties are in the Southeast District and the property to the west (across Maple Hill Road) is also located in the Town Center Sub-District. Agenda Item: 9c. Bass Lake Crossing PUD Sketch Plan (city file 17-006 ) 2 March 23, 2017 3. Analysis of Request Sketch Plan The sketch plan shows a subdivision with “Villa Homes” on a mix of 60- and 50-foot wide lots. The homes would be part of an association that is responsible for snow removal and yard maintenance. The homes offer single-level living and are marketed to ages 55+, but are not age-restricted. The individual homeowners can customize the home plans, exterior materials and architectural features. Land Use/Zoning As part of the Beacon Academy sketch plan review in 2015, the Council indicated a willingness to allow the applicant to proceed without a Comprehensive Plan amendment and that City would reclassify the property as part of the 2040 Comprehensive Plan update so that the school project could proceed in a timely manner. The issue of inconsistent Land Use and Zoning remains. The City Council could either: • Waive the Comprehensive Plan Amendment application for this applicant and commit to reclassifying the property to Low Density Residential as part of the City 2040 Comprehensive Plan Update that is currently underway but will not be formally adopted until late 2018. • Require the applicant to submit the Comprehensive Plan Amendment as part of their development application. 2030 Land Use Plan Mixed Residential Zoning Map RSF-3 Southeast District Concept Plan Low Density Residential (recomm ended) Natural Resources/Wetlands The Natural Resource Inventory Areas map adopted as part of the Comprehensive Plan shows a High Quality Natural Community of Maple Basswood forest in the northeast portion of the site. The sketch plan shows preservation of this area. Bass Lake Crossing PUD Sketch Plan (city file 17-006 ) 3 March 23, 2017 There are a number of wetlands on the site. A wetland delineation was completed by Kjolhaug Environmental and submitted to the Elm Creek Watershed Management Commission (ECWMC) as part of the Beacon Academy Project in 2016, but staff has not yet seen an approval of the wetland delineation. Any approvals would be contingent upon ECWMC approval. ECWMC is the LGU for the Wetland Conservation Act and they will review and approve any proposed wetland impacts. If mitigation occurs, a mitigation plan must be submitted for review and approval and Elm Creek Watershed District approval must be obtained The Natural Resource Communities Quality Ranking map shows the wetland in the northeast corner of the site as a Medium quality wetland. The other wetlands have not been classified by the City and quality must be established by the applicant as outlined in Section 1050.010 of the ordinance to establish wetland buffer requirements. The sketch plan does not identify wetland buffers or setbacks, but these will be required with the preliminary plat. All wetlands and buffers must be blanketed by a drainage and utility easement. Where there is a conflict between the City and ECWMC buffer and setback requirements, the more restrictive standards shall apply. Building Architecture The applicant has provided samples of typical Villa Homes, but has not yet designed the building. Staff has made them aware of the building standards in the Zoning Ordinance (including Appendix B). The concepts provided appear to meet all ordinance standards. Building Setbacks T he applicant is requesting setback flexibility for all setbacks, which is consistent with the requested smaller lots. Required Proposed Minimum Lot Area 7,500 square feet Unknown Minimum lot width 65 feet 50 and 60 feet Minimum Principal Structure Setbacks: Front, From Major Roadways* 100 feet N/A Front, From all other streets 20 feet 25 feet Front Porch (≤ 120 square feet) 15 feet N/A Side (living) 10 feet 4 feet Side (garage)** 5 feet 4 feet Rear 30 feet 25 feet Maximum Principal Building Height 35 feet Unknown *Major Roadways are Principal Arterial, A Minor Reliever and A Minor Expander Roadways as shown on the 2030 Roadway Functional Classification map in the 2030 Comprehensive Plan. **Minimum separation between structures on adjacent parcels shall be 15 feet. Bass Lake Crossing PUD Sketch Plan (city file 17-006 ) 4 March 23, 2017 County Road 10 is a Minor Connector on the east side of this property and a Minor Collector on the west side of this property. While the project does not require a 100-foot setback based on the classification of County Road 10, staff believes it was the Council’s intent to require a larger setback with enhanced landscaping along County Road 10. Staff does not recommend any flexibility from the required 20-foot setback along this road and recommends enhanced landscaping be provided for the homes that back up to County Road 10 and Maple Hill Road. The City’s standard drainage and utility easement is 5 feet along side lot lines and 10 feet on the rear and front lot lines. City engineering staff notes that the area along the side lot lines is generally preserved for drainage (not utility purposes) and that if the side is designed properly the reduced easement would be adequate. • The Council should provide feedback on the 50- and 60-foot lot widths (and what we presume are smaller lot areas) • The Council should provide feedback on the requested setback flexibility Landscaping The concept landscape plan shows street trees and trees along County Road 10 and Maple Hill Road. Staff recommends that enhanced landscaping be provided for the homes that back up to County Road 10 and Maple Hill Road. The additional landscape could also screen headlights from vehicles traveling on the internal street, which Public Safety believe could be confusing to motorists on County Road 10 (particularly in front of lots 79 and 80). An exceptional landscape plan could be one of the benefits of a PUD. A tree preservation plan will also need to be submitted for review and approval. The landscape plan must comply with the standards in Section 1060.070 of the Zoning Ordinance. Utilities Municipal sewer and water are nearby, but 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 preliminary study as part of the downtown TIF planning efforts and notes that sanitary sewer and water could be extended to the site. A feasibility study will be completed as the project moves toward preliminary plat. All utility facilities, including but not limited to telephone, CATV, natural gas and electric power, shall be located underground. Ponding/Drainage The proposed sketch plan identifies several ponds throughout the site. The ponding must provide treatment and rate control. The ponds will need to be blanketed by drainage and utility easements. Stormwater is manageable for the site, however an off-site easement is necessary to convey additional volume to the northeast. Bass Lake Crossing PUD Sketch Plan (city file 17-006 ) 5 March 23, 2017 Transportation/Access Development of this site will open discussion of several complicated transportation and right-of-way decisions that need to be guided by City Council. The conversations will be guided by the adopted Comprehensive Plan. County Road 10 is a collector street that the Comprehensive Plan anticipates being realigned to Meister Road to the north and Larkin Road to the south. The City Council reaffirmed this as the long-term plan as part of the review of the Peachtree development and as part of the Southeast District Design Guidelines update. The City and developer met with Hennepin County earlier this month and conceptually agreed that full turn lanes will be required for the primary access at Street A (on the east), but that the developer will not be required to provide turn lanes at the existing Maple Hill Road/CR 10 intersection. Additionally, the applicant will stub the proposed new public streets to the north (shown) and east (not shown). Staff notes that Hennepin County will review the formal plat application and, based on other recent requests, will require a 60-foot ½ right-of-way to be dedicated for County Road 10. T he new development would be served by construction of new public streets (Street A off County Road 10, Street B off Maple Hill Road and Street C). Street A shall extend to the north property line of Parcel A and end with a temporary cul de sac until the street is extended. Additionally, a stub street should be extended to the east to serve adjacent property. The Subdivision Ordinance requires street lights to be installed at all intersections and at other locations, as required by the City Engineer. All street lights within new subdivisions in the urban area shall be on ornamental poles with underground electrical service, and shall conform to City lighting standards. Signage No signage is being proposed at this time. If development signage is to be provided a signage plan with sign details must be submitted for review and approval with the preliminary plat. Signage must comply with the City Sign Ordinance in Chapter 84 of the City Code. Parks, Trails and Sidewalks The Comprehensive Plan includes the 2030 Parks & Trails Plan shows an off-road trail on the east side of the site. The concept plan must be revised to show this trail. The Parks & Trails Plan also shows an on-road trail on County Road 10. 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 trails within their developments. No credit toward the required dedication shall be given for this work. Trails shall be paved by the developer as well as part of the PUD. Bass Lake Crossing PUD Sketch Plan (city file 17-006 ) 6 March 23, 2017 The sidewalk locations will be reevaluated to ensure a convenient pedestrian route and future extensions to the planned road connections. Sidewalks are required on at least one side of each street. Sidewalks along local streets shall be a minimum of 5 feet wide. Trails shall be a minimum of 8 feet wide, unless located directly behind a curb, in which case they shall be a minimum of 10 feet wide. Park dedication shall include dedication of the trail corridor on the east and the remainder will be cash in lieu of land. Next Steps If the City Council is supportive of the request, the applicant would proceed with the following next steps: Step 1: (Comprehensive Plan Amendment?), Rezoning to PUD, Preliminary Plat, Preliminary PUD Development Plan Step 2: Final PUD Plan and Final Plat and Development Contract Summary The sketch plan is generally consistent with the City’s adopted Comprehensive Plan and City Code (including the Southeast District Design Guidelines). As the project moves forward, the City Engineer will begin work with the applicant to start to define the process and fees for the needed infrastructure improvements. Staff has identified issues that need more consideration by the development team, but we have not identified any significant issues that would stop the project. 4. Action The applicant is requesting comments on this sketch plan. Any comments given by the City are advisory in nature and non-binding. The applicant will consider the comments from the City when they prepare their formal submittal. Attachments a. Aerial Location Map b. Southeast Concept Plan c. City Engineer’s Memo dated March 15, 2017 d. Applicant’s narrative e. Sketch Plan graphics Date: 3/14/2017 Hennepin County Natural Resources Map Legend Streams FEMA Floodplains - 100Year A AE FLOODPLAIN AH AO AE FLOODWAY Wetlands Potential Wetland - HCWI Probable Wetland - HCWI Probable Wetland - NWI Comments:¯PID: 2511923130003 Address: 52 ADDRESS UNASSIGNED, CORCORAN Owner Name: RICH'S ACRES Acres: 43.55 1 inch = 400 feet This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2017 6 | District Principles Ma p l e H i l l R o a d Rush C r e e k City Hall / Memorial Park Community Park Future School Property Church & Cemetery Shamrock Golf Course Rush Creek Golf Club Ol d S e t t l e r s R o a d CR 1 1 6 Ca i n R o a d CR 1 0 1 Meister Road / Future CR 10 Exi s t i n g C R 1 0 / F u t u r e L o c a l S t . Larkin Road / Future CR 50 Existing CR 50 Gleason RoadHorseshoe Trail Southeast District Concept Plan. The Southeast District is the spatial framework for these design standards. The Town Center and Downtown Core are nested within the district each with additional guidance to create the neighborhoods and places envisioned by the community. Southeast District Boundary Town Center Downtown Core Retail Uses Land Use Classification LEGEND Residential Public Agriculture Industrial Commercial High Density Res. Medium Density Res. Mixed Residential Low Density ResidentialExisting and Future Public / Semi-Public Golf Course Parks / Open Space Agricultural Preserve Industrial Mixed Use Not To Scale Future Road(approximate realignment) Engineer’s Memo Wenck Associates, Inc. | 1800 Pioneer Creek Center | P.O. Box 249 | Maple Plain, MN 55359-0249 Toll Free 800-472-2232 Main 763-479-4200 Email wenckmp@wenck.com Web wenck.com - To:Kendra Lindahl, City Planner From:Kent Torve, P.E. Date:March 15, 2017 Subject:Bass Lake Crossing Infrastructure Review 0.0 Infrastructure Setting MI Homes is proposing to construct a residential development on the north side of CSAH 10 at the Larkin Road “Y” intersection. The development is consistent with trunk infrastructure plans and can be serviced by existing sewer and water trunk lines. A feasibility study will be completed as the project moves toward preliminary plat. 1.0 Transportation The City and developer held a meeting with the County to discuss the access to the site and the different traffic impacts due to residential use instead of school. The results include: Full turn lanes off of CR 10 similar to what was proposed during the Beacon Academy review. Developer will be drafting a design concept and working with the County for review. Maple Hill Road intersection at CR 10 will not be required for a right turn lane on westbound CR 10 to Maple Hill Road. Internally, street will be stubbed to the east and north. 2.0 Sewer The parcel can be serviced by extending the trunk system installed in 2012, which will have an MCES lift station located on the Schommer parcel to the northeast (see Figure). MCES is moving forward with a 2017 operational timeline; however the initial agreement with the City requires the MCES to currently provide service through temporary pumping facility. (The 2016 Downtown Project will also be serviced through this temporary pumping.) Finding The site will be serviced by the 2012 trunk sewer to the northeast and in the past MCES was interested in partnering for a gravel access road to the lift station parcel. Further discussions will occur as the project moves forward. 2 3.0 Water The parcel can be serviced by extending the water main installed in 2012 along the same corridor as sewer. The large 24-inch water main was installed to a location north of the MCES parcel; therefore the main city supply is near the northeast corner of the site. Finding The City master plan shows a water booster station in the vicinity (on the Schommer parcel). This development provides similar advantages as the Schommer parcel and the main trunk line (24-inch) exists near the developments NE corner. More detailed analysis will be performed in the development’s Feasibility Study. 4.0 Stormwater The area drains both northwest and northeast and the development’s impervious surface will increase the amount of runoff. The development will be required to meet certain State and watershed rules, and storm sewer can be constructed northeast along the corridor along with sewer and water. Finding Stormwater is manageable for the site, however an off-site easement is necessary to convey additional volume to the northeast. 3 Figure 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 Fax: 612-252-9077 www.landform.net Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC . TO: Corcoran City Council FROM: Kendra Lindahl, Landform DATE: March 14, 2017 for the March 23, 2017 City Council Meeting RE: Proposed Miscellaneous Ordinance Updates (City File 17-005) 60-Day Review Deadline: N/A 1.Application Request City staff is requesting Council approval for several minor ordinance amendments 2.Context Staff and consulting staff make note of statutory changes that require updates to our ordinances and other issues where the City Code should be updated. The list has grown to the point that staff believes that it is time for a clean-up. This effort was refined to include these items that we believe are truly clean up and not those issues that would lead to larger policy discussions. Specifically, we recommend an update that includes: a.Amend Chapter 40 (Construction Regulations) to correct statute references. b.Amend Chapter 40, Section 40.08 Subd. 3. to make the survey exemption language consistent with City practice. The Code requires an Administrative Permit for survey exemption, however, past practice has allowed exemptions based on a site plan review as part of the building permit application process. c.Bring the City Code into compliance with the 2015 Building Code changes to eliminate confusion. The State Building Code takes precedence and have different numbers in our code is confusing for residents: i)Amend Section 1060.080, Subd. 1(F) 3 and 4 to allow fences up to 7 feet high without a permit (Change from 6 feet to 7 feet for consistency with the Building Code) ii)Amend Section 1030.020, Subd. 1 (A)2 to allow a 200-square foot accessory building without a permit (change from 120 square feet to 200 square feet for consistency with the Building Code) d.Amend Section 1030.020, Subd. 2 to clarify language regarding timing of construction of accessory structures. Clarifying this language will prevent accessory structures being constructed prior to principle structure construction. e.Amend Section 1030.010 Sub. 4. A. 2. to make driveway permit language consistent with City practice. The current language is somewhat vague and should be amended to clarify Agenda Item: 9d. Proposed Ordinance Updates (city file 17-00 5) 2 March 23, 2017 when a driveway permit is required, (i.e. new driveways, relocated driveways, modified driveways) and by whom the permit is issued. f. Amend Section 1060.080, Subd. 1(E) to be consistent with city approval process. The Code requires a survey and review, but does not specifically require a permit. The amendment would clarify that a permit is required. g. Amend the area requirements sections in Section 1040 to ensure that the roadway classifications where the 100-foot setback are required are consistent with the terms used in the adopted Comprehensive Plan. h. Amend Section 1060.060, Subd. 5 to clarify that driveways must be located outside of easements for consistency with engineering standards and city practice. i. Amend Chapter 81 to ensure that animal waste is properly disposed. This would ensure that animal owners who use public trails or other facilities are required to clean up after their pets. j. Amend Chapter 80 to clarify definitions of junk vehicles. k. Correct minor typographical errors. Staff recommends the following process and assumes that the work as outlined above can be completed for approximately $1,500-2,500, which could be taken out of the existing planning budget: a. Staff prepares draft updates and summary memo for City Council direction. b. Hold a public hearing at the Planning Commission (1 meeting-May 4th ) c. City Council adoption (1 meeting-May 25th ) 3. Recommendation Direct staff to prepare these Ordinance Amendments for consideration as outlined in this report. STAFF REPORT Agenda Item 10a. Council Meeting: March 23, 2017 Prepared By: Brad Martens Topic: Assessment Policy Approval Action Required: Approval Summary: At the February 9, 2017 City Council meeting the latest version of the proposed assessment policy was discussed. Council was directed to update the policy per the discussion and send to the City Attorney for review in advance of adoption. Attached to this report is the policy as reviewed by the City Attorney with recommended changes shown. The City Council should consider approving the policy with the amendments from the City Attorney. Financial/Budget: The assessment policy guides how cost sharing will take place for proposed improvements. 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 Resolution 2017-11 Approving Special Assessment Policy and Procedures as drafted. 2. Approve Resolution 2017-11 Approving Special Assessment Policy and Procedures with amendments. 3. Send back to staff for further review. Recommendation: Approve Resolution 2017-11 Approving Special Assessment Policy and Procedures as drafted. Page 2 Council Action: Consider a motion to approve Resolution 2017-11 Approving Special Assessment Policy and Procedures as drafted. Attachments: 1. Resolution 2017-11 Approving Special Assessment Policy and Procedures 2. Special Assessment Policy and Procedures City of Corcoran March 23, 2017 County of Hennepin State of Minnesota RESOLUTION NO. 2017-11 Page 1 of 1 Motion By: Seconded By: A RESOLUTION APPROVING SPECIAL ASSESSMENT POLICY AND PROCEDURES WHEREAS, the City Council of the City of Corcoran desires to approve a special assessment policy and procedure in order to guide future assessments related to water, sanitary sewer, storm sewer, and streets; and WHEREAS, the City wishes to approve a new policy which will supersede and replace any previous policies previously approved to guide City action related to such assessments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Corcoran, Minnesota that the City Council approves the attached Special Assessment Policy and Procedures which supersedes and replaces any previous approved policies which pertain to assessments related to water, sanitary sewer, storm sewer, and streets. 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 March, 2017. ________________________________ Ron Thomas - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk/Administrative Services Coordinator Special AssessmentPolicy Purpose: The City's special assessment policies and procedures have been established to: 1. Provide a stable and continuing source of funding within the financial capacity of the City, in combination with federal, state, county, and other local financial resources available to the City, to accommodate infrastructure needs for new development, redevelopment, and maintenance within the existing community in the most cost - effective manner. 2. Balance needs and costs for new and existing infrastructure to support and promote economic development and growth as well as maintenance within the existing community by providing for the equitable distribution of infrastructure costs to ensure that specific developments are financially self-supporting to the extent warranted. 3. Provide a comprehensive, well- constructed and well - maintained infrastructure system that services individual properties and takes advantage of economies on a regional scale and flexibility in the timing of infrastructure development. 4. Respond to community needs and desires for health, safety, welfare; accessibility, and mobility provided by new infrastructure and the maintenance of existing infrastructure. 5. Function in harmony with the City's comprehensive plan and growth area plans by providing the infrastructure and amenities associated with those plans thereby promoting orderly growth in areas where services are available or can be provided at the most reasonable cost. 6. Provide the City Council and staff with guidelines and methods to efficiently distribute infrastructure costs to benefiting properties in an equitable and consistent manner thereby enhancing the value of property by assigning a proportionate value of the improvements to the properties deriving benefit from the improvement. General Policy Statement: While the special assessment purposes, policies and procedures have been identified herein, the City Council may deviate from this policy when such rationale in equity arises or the law is required. I. Policy Definitions: A. Adiacent Property: A property directly adjacent to public improvements. Page 1 of 19 B. Access: Properties shall be considered to have access to public street improvements when they may enter onto the improvement from their own private driveway, private road, or public street, or when the street classification would allow the property to be granted driveway access. Properties shall be considered to have access to underground utility improvements when they directly abut the property or may be available to the property by utility or road easement/ROW, and the City has included the property within a defined services area approved for immediate utility service. C. Accrued Interest (or Compounded Interest): Interest which is calculated not only on the initial principal but also the accumulated interest of prior periods. D. Adjusted Area: An area of a benefited property that has been modified by an adjustment factor to more accurately represent the true benefit that property receives from an improvement in comparison to other properties in the assessment area. The adjustment will be based on the improvement design parameters that are applicable to that parcel, as approved by the City Council. Design parameters that may be used to determine the adjustment factor include, but are not limited to, trip generation, storm water runoff coefficients, water or sanitary sewer use, needed fire flow, and zoning or future land use. E. Assessed Cost: Those costs of public improvements that have been determined to benefit specific properties. The assessed cost will be equal to the project cost minus the City cost. Project costs eligible for assessment include all costs associated with the improvements, including, but not limited to, land acquisition, demolition, construction, administration, engineering, legal, financing and other costs as determined by the City Council. The financing charges include all costs of financing the project. These costs include, but are not limited to, financial consultant's fees, bond attorney's fees, and capitalized interest. F. Assessable Footage: The assessable footage is the total front footage of all of the benefiting properties, calculated by using the front footage method. G. Assessment Rate: The assessment rate for improvements other than streets is determined by dividing the assessable cost of an improvement by the total number of assessment units such as the total adjusted front footage or square footage, acreage, number of lots, or number of parcels. H. Assessment Unit: Front footage, area, or unit used to compute the costs on the basis of individual assessments. I. Benefit: The increase in property value as a result of a public improvement such as a street, sidewalk, trail, curb and gutter, water main, sanitary sewer, storm sewer, park, or street landscaping. Page 2 of 19 J. Deferment: A process of postponing the collection of the cost of public improvements and funding them as a system cost with the intention of collecting the cost at a later date. K. Driveway Approach: That area which lies between the existing pavement to the right - of- way line; curb cut to curb cut. For assessment purposes driveway approach refers to the road surfacing, not stormwater conveyance such as ditching or culverts. L. Front Footage: The distance measured along the right -of -way line that directly abuts an improvement, not counting Side -Lot Footage. M. Limited Access Street: A street, such as a major or minor collector street, which because of its high volume of traffic has been designated by the City for controlled access, meaning the number of access points to the street will be limited. N. Lot Definitions: 1. Corner Lot: A lot located at a street intersection having both front and side -lot footage. 2. Double Frontage Lot: A lot with access to two separate non - intersecting or intersecting streets but not a corner lot. 3. Irregularly Shaped Lot: Those lots abutting curved streets, cul -de- sacs, or other lots where there is more than five feet of difference in length between the front and back lot lines. 4. Rectangular Lot: A lot with less than five feet of difference in length between the front and back lot lines. O. Public Improvement: Improvements as allowed by State statute that provide a special benefit to properties, including but not limited to streets, sidewalks, trails, curb, gutter, sanitary sewer systems, storm sewer systems, water treatment and distribution systems. P. Special Assessment: A legal process whereby the benefited property is charged for all or a portion of the cost of public improvements. Q. Standards for Surface Improvements: Standards for surface improvements have been established in the City's Engineering Standards. R. Street: All public ways designed as means of access to the adjoining properties. Streets are classified into six groups and classified per a Collector or Local street status in the City's Comprehensive Plan: 1. Local Gravel — Local gravel streets have lower traffic counts as compared to collector gravel streets, have a gravel finish, and utilize rural ditches for stormwater conveyance. Examples include, but are Page 3 of 19 not limited to., Hidden Ponds Drive, Meadow Circle, Nystrom Lane, Rush Meadow Lane,, and Treeline Drive. 2. Collector Gravel - Collector gravel streets have higher traffic counts as compared to local gravel streets, have a gravel finish, and utilize rural ditches for stormwater conveyance. Examples include, but are not limited to, Trail Haven Road, Cain Road., Bechtold Road, Old Settlers Road, and Willow Drive. 3. Rural Local Asphalt — Rural local asphalt streets have a bituminous finish and utilize ditches for stormwater conveyance. Examples include, but are not limited to, Cates Longhorn Road, Abilene Lane, Butterworth Lane, Hunter Road, and Dassel Lane. 4. Urban Local A — Urban local asphalt streets have a bituminous finish and utilize curb and gutter for stormwater conveyance. Examples include, but are not limited to, Bridle Path, Carriage Way, Prairie Sage Lane, and Sorrel Court. 5. Rural Collector A — Rural collector asphalt streets have higher traffic counts than local streets, have a bituminous finish, and utilize ditches for stormwater conveyance. Examples include, Oakdale Drive. 6. Urban Collector Asphalt — Urban collector asphalt streets have higher traffic counts than local streets, have a bituminous finish, and utilize curb and gutter for stormwater conveyance. Examples include, Gleason Parkway. S. Street Treatment Definitions: 1. Crack Seal and Seal Coat - Crack sealing involves patching and sealing cracks in the roadway. This is followed by seal coating, which involves spraying the road with oil and covering it with a layer of small rock. Crack sealing and seal coating is generally considered routine roadway maintenance. The recommended interval is 6-8 years with first application about 7 years after new roadway construction. 2. Mill and Overlay - Milling and overlaying consists of grinding off the upper layer of asphalt (in urban sections) and replacing it with a new layer of asphalt. This is generally done on roadways that have a fair amount of cracking and other surface distress, usually at about 60% of the street's life cycle. This is considered a structural improvement that will renew the street surface and extend its useful life. 3. Rehabilitate - Rehabilitating a roadway consists of grinding up the existing Page 4 of 19 asphalt and mixing it with a portion of the underlying gravel base (typically 4 "- 8"). This combination of bituminous and gravel is then used as the new road base, and a new asphalt surface is paved over this. This is generally done on roadways that have a significant amount of distress. This can be a good alternative to reconstructing a road if the existing road base appears to be structurally sufficient. 4. Reconstruct - Reconstructing a roadway includes improving a gravel road to a paved road oresists of completely removing the existing road and underlying gravel and sand base material, and constructing a new road section. This may also include correcting any poor base material beneath the section, or updating the road to meet design standards such as width and drainage. This is often done in conjunction with utility repairs /replacement. Generally done on roadways that exhibit signs of major distress, such as rutting, cracking, andpotholes. T. System Cost: That portion of the assessable cost that benefits properties whose assessments are deferred because they qualify for green acres status, are located outside of the City limits, or are unable to make use of the improvements due to factors beyond their control. The City may reimburse itself for such system costs from the benefitting properties when the basis for the deferral is no longer valid. U. Unit: A unit, for purposes of defining an assessment, may include, but is not limited to: a household; a parcel /lot; water or sewer main length and size; sidewalk or trail length, width and depth; driveway approach length, width and depth. II. Policy Implementation and Procedures: A. Assessment Classification The assessment process shall address the feasibility of physical construction and also the affordability of the improvements. In meeting these responsibilities, a classification system is established below for public improvement projects based on the design capacity and the level of use. Cost apportionment is based on the extent of use of the improvement by the benefiting property owners and City policies for street paving, curb, gutter, and sidewalk construction shall be used as a basic guide. The classification system groups improvements into the three categories: • Type I improvements consist of projects that are mostly of benefit to the abutting properties and include local streets, curb, gutter, water and sewer services, and driveway improvements. Street construction, sidewalk, paving, storm sewer, sanitary sewer, and water mains may be Type I if solely designed to serve the abutting properties. Type II improvements consist of projects that benefit a larger, yet definable, area. Street construction, sidewalk, paving, storm sewer, sanitary sewer, and water mains may also be Type II if the improvement benefits a larger area. Collector streets, which are likely to be used by a broader segment of the public, should be proportionately assessed to a larger area. Page 5 of 19 • Type III improvements consist of large-scale projects of benefit to the entire City regardless of location. The criteria for designation of any improvement as Type III are facilities that serve areas larger than a definable neighborhood or those areas separated by major identifiable barriers, such as creeks, or county roads. Typically, Type III improvements are financed through a combination of Federal and State appropriations and available City funds; however, special assessments may be needed to fully fund the project. If financial assistance is received by the City from the Federal Government, from the State of Minnesota, the County, or from any other source to defray a portion of the costs of a given improvement, such aid will be used first to reduce the "City cost" of the improvement. If the financial assistance received is greater than the normal "City cost", the remainder of the aid will be applied according to the terms of the assistance program or at the Council's discretion. The assessment classifications are listed in Table I below. The City Council may from time to time adjust the classification of improvements to maintain the equitability of the assessment cost. Tnhip. I Cinredfientinn Type I Improvements Type 11 Improvements Type III Improvements Trunk Sanitary Sewers Curb & Gutter (greater than 8" diameter) Bridges Trunk Water Main (greater Community Facilities Sidewalks and trails, 5 feet than 8" diameter) and Library wide or less Looped Water Main Law Enforcement Fire Station Sanitary Sewer Laterals (less than or equal to 8" diameter) Collector Streets Water Main (less than or Sidewalks and trails, greater Community Parks equal to 8" diameter) than 5 feet wide Sewer & Water Services Storm Drainage Wastewater Treatment Facilities Improvements Local Streets/Alleys Pumping Stations Water Tower Storm Drainage Water Treatment Plant Improvements Other improvements mandated or authorized by law B. Methods ofAssessment The City shall use the following methods in determining assessments for public improvements. Page 6 of 19 1. Front FootaReMethod This method computes the assessable frontage for the project and for each property. The assessment rate is obtained by dividing the total assessable cost by the assessable footage in an assessment district. The assessment for each parcel is then obtained by multiplying the assessment rate times the front footage for each property. Front footage is determined as follows: a. For rectangular lots, the front footage shall be the same as the front footage at the right -of -way. b. For irregularly shaped lots, the front footage will typically be calculated as the width of the lot as defined in the City's zoning ordinance, although other methods may be used at the City's discretion (such as average lot width) if they are determined to be more equitable. c. For all corner lots, street assessments, regardless of the orientation of the house, shall be based on one -half of the footage of the road being improved. d. For a rectangular corner lot, water and sewer assessments, regardless of the orientation of the house, the short side of the lot shall be considered to be the "frontage ". e.. Double frontage lots may be assessed for any street improvement that it has direct access to, if the lot is of such size that it could be split into multiple buildable lots. The front footage for each improvement will be determined in accordance with the above - described policies, whichever is appropriate. 2. AreaMethod This method computes cost on a square foot or acreage basis. The assessment rate is determined by dividing the total assessable cost by the total benefiting area. A parcel's assessment is then determined by multiplying the assessment rate times the benefiting area of the parcel. When the benefiting area includes both platted and un- platted properties, the gross benefiting area will be used to apportion the benefit among the properties. An adjustment factor reflecting land use may be applied to a parcel's benefiting area in some cases. For example, for storm sewer design, the assumed rate of runoff per acre from a commercial lot is greater than the runoff rate from a residential lot. If all uses are the same in a project area (single family, multi- family, commercial, or industrial), the assessment rate is the same for all. Where there is variation in residential density or uses, the assessment rate may be adjusted to reflect the corresponding differences in benefit. The assessable area shall include all properties legally eligible for assessments. The following items may not be included in area calculations: public right -of -ways, natural waterways, lakes or other wetlands. 3. Unit Method This method computes the costs on the basis of individual assessment units. For example, sewer and water services, sidewalks, trails, and driveway approaches are typically considered separate individual units. The total project cost is divided by the total number of assessment units to calculate the fixed cost. Assessment units could be determined on a per lot or per unit basis, or any combination thereof. For lots that may be further Page 7 of 19 subdivided, the City may determine the number of assessable units based on the number of equivalent lots that could be created from a particular parcel. 4. Combination Method This method involves using one or more of the above defined methods to more equitably calculate assessments. The combination method may be considered when there is varying land use, undeveloped properties available for future development, or other circumstances involving the defined public improvement that may provide assessment inequities. C. Determination of Assessable Costs, Rate and Term 1. Water System a. Water Mains: The assessable cost for installing new water main improvements shall be based on the level of service required by the property. In residential areas, 100% of the cost of installing water main that is 8- inches in diameter or less shall be assessed to the benefiting properties, and up to 50% for reconstruction, see chart below. In commercial areas, 100% of the cost of installing new water main and 50% of the cost of reconstruction will be assessed, based on current design standards. The cost of over sizing the water main for general distribution purposes shall not be assessed. Where larger diameter water mains are required to serve commercial, industrial or institutional properties, the increased cost of water main installation shall be assessed to those properties. Where improvements are designed to serve an area beyond that of direct benefit, the City may Aeferpostpone that portion of the assessment and fund i as a system cost. The system eest shall be assessed io the newly developing area as a system P-LAraQ together- with dir-eet benefits - for -eth Reconstruction Assessments — Water System Years After First Assessment Levied 1 City Share2 Assessed Share2 0 -20 years 100% 0% 20 -40 years 75% 25% Over 40 years 50% 50% iFirst assessment refers to the original assessment for properties developed or platted at or before the time the improvement is constructed, or to the deferred assessment for properties developed or platted after the improvement is constructed. 2Percentage based on project construction cost. The assessed share of the project cost, as listed in the above table, will be apportioned against the benefiting properties. The City Engineer will use standard procedures to determine the benefiting property for each specific project. b. Water Services: The assessable cost for the construction or replacement of water services shall be 100% of the project cost. The unit cost method will be used to calculate the assessment. c. Length of Assessment: The assessment period for sanitary sewer improvements, including new construction and replacement projects, is a maximum of twenty years. Page 8 of 19 2. Sanitary Sewer Sanitary Sewer Assessments shall be based on engineering design standards. The assessable cost for installing sanitary sewer improvements shall be based on the type of service required by the property. In residential areas, 100% of the cost of installing new sanitary sewer that is 8-inches in diameter; and up to 50% for reconstruction, shall be assessed to the abutting properties. Where larger diameter sanitary sewers are required to serve commercial, industrial or institutional properties, the increased cost of installation shall be assessed to those properties. Where improvements are designed to serve an area beyond that of direct benefit, the City may defer that portion of the assessment and fund it as a system cost. a. Sanitary Sewer Assessment Formula: Assessments to be levied against properties within the benefited area shall be distributed to those properties on the basis of the following provisions: 1. Assessment Rate: The assessment rate shall be equal to the "assessable cost" of the improvement divided by the total number of assessable units benefited by the improvement. Projects having an uneven distribution of benefits may be subdivided into separate improvements using multiple assessment methods and rates to more equitably apportion the assessments. 2. Assessable Units: The assessable units shall be determined as follows: i. Lateral Sewers. The assessment method shall be the "unit method", unless otherwise specified by the Council. ii. Trunk Sewer and Lift Station. Trunk fees shall be charged as outlined in City Code, Chapter 51: Regulating Public Sanitary Sewer and Water Within the City of Corcoran. ill. Sewer Services. The assessable cost for the construction or replacement of sewer service lines shall be 100% of the project cost. The assessment shall be based on the number of sewer services installed for each individual property. This is the unit cost method of assessment. 3. Assessment Formula for Replacement: The following table shows the cost split for replacement of sanitary sewers (trunk sewers, lateral sewers, and lift stations), if they are to be assessed. Reconstruction Assessments — Sewer System Years After First Assessment Levied 1 City Share2 Assessed Share2 0-20 years 100% 0% 20-40 years 75% 25% Over 40 years 50% 50% Page 9 of 19 I First assessment refers to the original assessment for properties developed or platted at or before the time the improvement is constructed, or to the deferred assessment for properties developed or platted after the improvement is constructed. 2Percentage based on project construction cost. The assessed share of the project cost, as listed in the above table, will be apportioned against the benefiting properties. The City Engineer will use standard procedures to determine the benefiting property for each specific project. 4. Length of Assessment: The assessment period for sanitary sewer improvements, including new construction and replacement projects, is a maximum of twenty years. 3. Storm Sewer Storm sewer improvements shall be classified to include all storm sewer, storm sewer pumping stations, culverts, ditches, rain gardens, swales, street grading and any other improvement, which will facilitate drainage. The assessment for the construction of storm drainage improvements shall be based on the level of service required by the property. a. Storm Sewer Assessment Formula: Assessments to be levied against properties within the benefited area shall be distributed to those properties on the basis of the following provisions: 1. Assessment Rate: The assessment rate shall be equal to the assessable cost of the improvement divided by the total number of assessable units benefited by the improvement. Projects having an uneven distribution of benefits may be subdivided into separate improvements using multiple assessment methods and rates to more equitably apportion the assessments. 2. Assessable Units: The assessable unit, unless otherwise specified by the Council, shall be the gross area or adjusted area of the benefited properties, both present and future, as determined in the project design. 3. Assessable Cost: The assessable cost shall be 100% of the total project cost for new or expanded storm drainage improvements, and up to 50% for reconstruction, based on the chart below. 4. Length of Assessment: The assessment period for sanitary sewer improvements, including new construction and replacement projects, is a maximum of twenty years. R Penn .4rn etinn —,I;tnrm Sewer Years After First Assessment Levied 1 City Share2 Assessed Share2 0-20 years 100% 0% 20-40 years 75% 25% Over 40 years 50% 50% IFirst assessment refers to the original assessment for properties developed or platted at or before the time the improvement is constructed, or to the deferred assessment for properties developed or platted after the improvement is constructed. 2Percentage based on project construction cost. The assessed share of the project cost, as listed in the above table, will be apportioned against the benefiting properties. The City Engineer will use standard procedures to determine the Page 10 of 19 benefiting property for each specific project. 5. Assessment Formula for Replacement: The cost split for replacement of storm sewers, lift stations, and miscellaneous drainage improvements, if they are to be assessed, will be assessed in the same manner as sanitary sewer replacement as shown above. 6. Length of Assessment: The assessment period for storm sewers, lift stations, and ♦ -- - --- Formatted: Justified, Indent: Left: 1.07" miscellaneous drainage improvements is a maximum oftwenty years. Hanging: 0.25" Formatted. Font: 12 pt, No underline, Font 6-. Where improvements are designed to serve an area beyond that of direct color: Custom Color(RGB(35,35,35)) benefit, the City may defer that portion of the assessment and fund it as a system cost. 4. New Street Construction The City's general policy and practice is to require new residential street construction during land use development applications to be constructed to City standards by the developer /applicant with no special assessments or public bonding support. 5. Street Reconstruction, Rehabilitation, and Mill and Overlays a. Reconstruction and Rehabilitation - The assessable cost of street reconstruction and street rehabilitation projects shall be determined by the benefit to properties affected by the project determined through a letter of benefit or similar from a licensed appraiser. The assessment shall be 90 percent of the median value of the benefit. For example, if the benefit for a direct access property was valued from $12,000- $15,000 per unit, the assessment would be $12,150 ($13,500 x .9 = $12,150). If the benefit for an indirect access property was $3,000 - $5,000 per unit, the assessment would be $3,600 ($4,000 x .9 = $300). The method of assessment shall be based on per unit. The remaining cost shall be a Citycost. 1. For properties with access to the street receiving a reconstruction or rehabilitation, each existing unused development right and newly created development right resulting from the project will be assessed an amount equal to the assessment of a direct access property. 2. Landowners receiving assessments for existing unused development rights and newly created development rights may have the option of paying the entire assessment in one lump sum or through deferral until time of plat with no accrued interest during the period of deferral. Assessments will be filed with the County Recorder. b. Mill and Overlays - The assessable cost of overlays and mill and overlays shall be determined by the benefit to properties affected by the project determined through a letter of benefit or similar from a licensed appraiser. The assessment shall be 90 percent of the median value of the benefit. For example, if the benefit was valued from $1,50042,500 per unit, the assessment would be $1,800. The method of assessment shall be based on per unit. The remaining cost shall be a City cost. 1. Exception: The City has completing initial overlays on roads without assessments, the following roads will receive one overlay without an assessment in order to complete the existing program, if the road is improved to a higher standard instead Page 11 of 19 of an overlay the exception no longer applies: Bluestem Trail, Cates Longhorn Road, Chisolm Trail, Country Circle, Country Road, Hage Drive, Heather lane, High Bluff Lane, Hunters Ridge, Jackie Lane, Jubert Lane, Julie Ann Drive, Larkin Road, Maple Hill Road, Meadow Creek Drive, Mohawk Road, Oswald Farm Road, Pioneer Trail, Robert Lane, Rolling Hills Road, Rush Creek Drive, Schutte Farm Road, Sunnyhill Road, Sunset Lane, and Windmill Drive. c. Length of Assessment - The assessment period for street improvements is a maximum of twenty years. 6. SIDEWALK The front footage or unit cost method shall be the basis for assessment. The assessable cost for sidewalk improvements shall be 100% for both new construction and reconstruction up to 5 feet wide. Sidewalk maintenance and rehabilitation shall be repaired or replaced to the original standard and is the responsibility of the abutting property owner. 7. DRIVEWAY APPROACHES Driveway approaches tom -shall be part of the overall project and not assessed separately. The improvement to driveway approaches should be considered as the amount of benefit is established. D. Deferred Assessments for Green Acres In cases where improvement projects are determined to benefit properties that have been certified to qualify for Green Acres exemption, the City will determine that portion of the project cost that benefits those properties, and finance that portion of the project cost as a system cost. Landowners of benefiting properties may have the option of paying the entire assessment in one lump sum or through deferral as allowed by Minnesota Green Acres statutes. Once the benefiting properties no longer qualify for Green Acres status, the City may recover the system cost. Interest will not be accrued during the period of deferral if assessed on a Green Acres parcel. Assessments against Green Acres Oarcels will be filed with the CountyRecorder. E. Deferred Assessments for Undeveloped Property -------- Formatted: List Paragraph, Numbered + Level: 2 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.33" + Indent In the Council's discretion, the City may, at the meeting in which the Council approves an at: 0.58" assessment, levy the assessment but defer the first installment of the assessment for Formatted: List Paragraph, Left, Indent: Left: unimproved properly until a designated future _year, or until the platting of f the property or the 0.58", First line: 0" construction of improvements. However, all deferred assessments must be paid within 30 years of the assessment levy. The City Council may set, by resolution, terms, conditions, standards, and criteria for the deferral and future payments. Assessments deferred pursuant to this section shall not accrue interest during the period of deferral. The City shall file a certificate with the county recorder stating the he legal description of property subject to deferred assessments, and the amount of the deferred assessments. The Cily shall include all benefitted property in the assessment proceedings, including those properties on which it determines to Formatted: Font color: custom defer assessments. ------------------------------------------------------------------------------------------------ - -. --" Color(RGB(65,65,65)) Page 12 of 19 F; -.F. Determination of Assessment Rate and Terms 1. Interest Rate on Assessments: The City will charge interest on special assessments at a rate specified in the resolution approving the assessment roll. If bonds were sold to finance the improvement project, the interest rate shall generally be one percent (1.0 %) more than the average rate of the bonds, rounded to the nearest quarter of a percent. If no bonds were sold, the interest rate shall be set using the same formula based on the current bond market. 2. Length of Assessment: The assessment period for all improvements is subject to the requirements of the bond market at the time of project financing and thus may vary in length from the time periods proposed. RG. Undeveloped Property The City shall require the developer, owner or sub - divider of any property within the City's corporate limits desiring to install street, curb and gutter, sidewalk, sanitary sewer or water main improvements to follow the City's subdivision ordinance, in addition to the following: 1. Upon written request by a developer, the City Council shall give consideration to the preparation of a feasibility report to determine the feasibility of construction for the desired improvements. The developer will prepare a plan and other such information, as the Council requires, prior to the Council making a decision on the request. 2. The developer and /or the property owner are required to sign a Developer's Agreement and Petition and Waiver Agreement, in a form acceptable to the City. prior to awarding a contract. 3. At the completion of an improvement, all improvement costs will be recorded or certified to the County per the Developer's Agreement G-M. Petitioned Improvement Pro_jiects The City will consider petitioned improvement projects. However, the need for specific projects shall be determined based on engineering standards (e.g. the existing condition represents a physical or structural hazard, or is no longer cost - effective to maintain, etc.) as determined by the City Public Works Superintendent and City Engineer and approved by the City Council. The City may consider the following information in approving or denying the petition: comprehensive cost of the project; cost to individual properties; demonstrated need for the project; existing site conditions of the proposed project; geographic scope of the project area, and any other information the City deems relevant. The City Council has the authority to initiate non - petitioned improvement projects, if it is felt the improvements are in the best interest or safety of the citizens. Page 13 of 19 Special Assessment Procedures Purpose: This procedure is for internal purposes to summarize statutory and administrative requirements with respect to special assessments. Changes occur statutorily on an annual basis and administratively through Council direction and administrative review on an on -going basis. Verification of any changes needs to occur prior to utilizing this document as those changes may supersede the contents of this document at the time of approval. Procedure: I. Initiation of Proceedings Either a petition from affected property owners or the Council initiates Minnesota State Statute chapter 429 proceedings. A. By Petition: If the Council chooses to proceed with an improvement based on a petition it must have the signatures of the owners of at least 50 ercen in frontage = of the roe comment [JT1]: 35% is the minimum per bordering the proposed improvements. 1. 429.031, but the City can require more if it desires. B. By Council: The Council may act on its own initiative in proposing a local improvement and ordering a feasibility report. The Council must calculate the cost of the improvement or direct staff to do so. II. Feasibility Report Whether initiated by petition or by Council, Chapter 429 requires that the city engineer, or another person with similar skills, prepare a feasibility report. The feasibility report must cover such factors as whether the project is necessary, the availability of money in the general fund to pay the city's share of the cost, an estimate of that cost, whether the improvement is cost effective, and any other information necessary for Council consideration. The feasibility report must also include the estimated cost of the improvement as recommended. Since a reasonable estimate of the total amount to be assessed and a description of the methodology used to calculate individual assessments for affected parcels must be available at the hearing it could be part of the commissioned report. The feasibility report is integral to the assessment process. Best practice suggests that the City Council pass a resolution receiving the report and provide preliminary notice of the improvement. Ill. Initial Considerations The law requires two public hearings commonly known as an improvement hearing and an assessment hearing; in between these two public hearings Council may order the improvement, decide how to construct the project and tabulate an assessment roll. A. Determining Benefit Districts: Determining what area benefits from improvement projects, or the area against which the City will levy assessments, is a major policy decision for the City Council. The benefit district varies with the kind of improvement. Page 14 of 19 For some improvements, such as a water tank, the area benefited might be very large. In levying an assessment to finance the tank's construction the Council might assess the entire area the tank services. The special benefit test still applies. City staff, consulting engineers and attorneys may provide the basis for Council to determine what area or district to assess for a specific improvement because that area benefits from the improvement. B. City's Share: At any time before or after the City actually incurs expenses for the improvement, the Council must pass a resolution determining how much the City plans to pay and separate that from amounts to be assessed. Best practices suggest the Council work with an appraiser and an attorney to determine the appropriate City share of a particular project. The City has adopted a policy to address the methodology of the assessment calculations. C. Non - abutting Property: The Council may wish to levy assessments against adjacent, non - abutting properties if the properties benefit from the improvement. D. Service Laterals: City utility ordinance requires that property owners maintain private water and sewer service laterals. when an improvement project requires new service laterals the City may require that property owner to install or replace them. E. May Omit Improvement Hearing: The Council may omit the improvement hearing if 100 percent of the affected landowners sign the petition requesting the improvement. If the landowners are not paying 100% of the project costs the City will consider holding both public hearings. F. Two or More Simultaneous Local Improvements: When the City proposes undertaking two or more local improvements simultaneously the City does not need to issue separate notices and hold separate improvement hearings on different dates. The notice will describe each improvement separately, stating the estimated cost for each one and noting •, �r,o -n�hor o other �h that there will be a sep to addresses held- -after each _ _ - comment [JT2]: This is fine but not required. improvement. You can hold one hearing or do so separately. IV. Prepare for the Improvement Hearing The purpose of the first hearing is for the Council to discuss a specific local improvement before ordering it done. The Council considers all the information in the feasibility report and any other information necessary for Council deliberation. A. Publish Notice of the Improvement Hearing: The City must publish notice of the initial public hearing on the proposed project twice in the official newspaper, stating the time and place of the hearing, the general nature of the improvement; the estimated cost, and the area proposed to be assessed. The notices must appear at least one week apart. At least three days must elapse between the last publication date and the date of thehearing. B. Mail Notice of the Improvement H The City must mail a notice once to each property owner in the proposed assessment area, at least 10 days prior to the improvement hearing that states the time and place of the hearing, the general nature of the improvement, the estimated cost and the proposed assessment area. The notice must also contain a statement that a reasonable estimate of the cost of the assessment will be Page 15 of 19 available at the hearing. The City will diligently make every effort to notify citizens about assessment proceedings. According to statute, failure to give mailed notice of the improvement hearing will not invalidate subsequent assessment proceedings. Notice to other governmental entities must be sent out at least two weeks before the improvement hearing, by registered or certified mail to the head of the instrumentality, department or agency having jurisdiction over the property. V. Improvement Hearing At the improvement hearing, interested persons may voice their concerns, whether or not they are in the proposed assessment area. A reasonable estimate of the total amount to be assessed and a description of the methodology used to calculate individual assessments for affected parcels must be available at the hearing. If the Council rejects the project, it may not reconsider that same project unless another hearing is held following the required notice. The Council must prepare a record of the proceedings and make written findings. The Council may adjourn and subsequently continue the improvement hearing. To provide proper notice, before the improvement hearing is adjourned, the Council must state on record, the date, time and place of the continuation of the improvement hearing, if any. VI. Ordering theImprovement A resolution ordering the improvement may be adopted at any time within sire months after the date of the improvement hearing. A. Vote Requirements for Ordering the he Improvement: If the improvement is made pursuant to a legally sufficient petition from property owners, the Council adopts the resolution by a simple majority vote of all members of the Council. If there is not a petition, adoption requires a 'super - majority' vote, meaning the council can only adopt the resolution by a four - fifths vote of all members of the Council. B. Time Limits for Local Improvements: The resolution ordering the improvement may be adopted at any time within sire months after the date of the improvement hearing. Either arrangements for day labor or a contract must be made within one year of adopting the resolution ordering the improvement, unless the Council specifically states a different timeframe in the resolution ordering the improvement. VII. Competitive Bidding The law permits the Council to carry out, in advance of the assessment hearing, all the steps prior to, but short of, actually issuing of a contract for the improvement. Thus, if the Council wishes to provide firm estimates of costs at the hearing, it may, in addition to the required preliminary report, prepare completed plans and specifications, advertise for bids, and open and tabulate them before the assessment hearing. Once the Council orders a public improvement, staff or consultants prepare the necessary plans and specifications and the Council either: • Contracts for all or part of the work to be performed by outside parties, or • Orders all or part of the work to be done by city staff and contracts for any necessary materials and equipment. In either case, contracting law applies. The City Attorney should coordinate the Page 16 of 19 contracting process in combination with the special assessment process. VIII. Prepare the Proposed Assessment Rolls The City Clerk, with the assistance of the engineer or other staff prepares the proposed assessment rolls. The proposed assessment cannot exceed the increase in market value accruing to the property as a result of the public improvement project. Road Assessment Calculations Components: A. Future Lots within the Combined Method Calculation: The maximum potential parcels are calculated with the current zoning. B. Cemeteries: A cemetery cannot be assessed in accordance with State Statute. C. Right of Way: Parcels that are entirely right of ways will not be assessed. D. Rounding_ Calculation of assessment will need to be adjusted due to rounding. Practice is that $.01 per parcel will be adjusted either positively or negatively beginning with the last parcel listed. IX. Prepare for the Assessment Hearing The purpose of the second hearing is to give property owners an opportunity to express concerns about the actual special assessment. The Council will pass a resolution setting the date and time of the assessment hearing and direct the -City Clerk to publish -and mail notice about the assessment hearing. A. Publish Notice of the Assessment Hearin�At least once and at least two weeks before the assessment hearing, the City must publish notice of the hearing in the city newspaper. The published notice must include the hearing time, date, place, overall project description, area to be assessed, total cost of the improvement, a description of a landowner's right to appeal the assessment, and any deferment options, if available. B. Mail Notice of the Assessment Hearing: At least two weeks before the hearing the City must mail notice of the hearing to each affected property owner. This mailed notice must include the amount of the special assessment against the individual parcels,a description of the landowner's right to appeal the assessment, possible prepayment provisions, and the interest rate on the assessments. Failure to comply with the requirements for published and mailed notice invalidates the assessments. The Clerk will execute an affidavit attesting to the mailing to property owners. X. Assessment Hearing The assessment hearing may be adjourned and continued to another time. If the assessment hearing is adjourned. proper notice shall be given, stating for the record, the date, time and place of the continuation of the hearing. A. Resolution Adopting Assessment Roll: At the assessment hearing the Council shall hear and consider all objections to the proposed assessment, whether presented orally or in Page 17 of 19 writing. The Council may change or amend the proposed assessment as to any parcel. Council must by resolution adopt the special assessment against the lands named in the assessment roll. Once the assessment roll is adopted the assessments are set and become liens against the properties listed. The Council must prepare a record of the proceedings and written findings as to the amount of the assessment roll- at this hearing. B. Council Decides Interest of Special Assessments: Special assessments may bear interest at any rate the Council determines. In setting the rate the Council should make sure there is a reasonable relationship between the assessment interest rate and the bond interest rate if the City is issuing bonds to finance the project. If the city finances the project with funds on hand without using bonds, the Council will want to look at the interest rate the City would otherwise have earned on the funds. C. Council Decides Payment Timelines: The Council must also decide the number of years over which the property owners may pay the assessment. The statutes permit payment over a period of not more than 30 years. XI. Sending of Final Notice The law does not require that the City send final notice of assessment to property owners if the amount assessed is the same as that listed in the previously mailed assessment hearing notice. The City chooses to notify property owners of all final assessment amounts whether they differ from the proposed assessment or not. Staff will also notify owners by mail the interest rates and prepayment requirements as stated in the proposed assessment notice. XII. Certification of Special Assessment Rolls The City Clerk must certify the assessment rolls to the County Auditor by November 30. The Assessment Rolls need to be accompanied by Council Resolution, certificate with the city seal signed by the City Clerk and a rate card. The County Auditor spreads the assessment every year for collection with taxes. XIII. Payment of Assessments and Interest Property owners initially have two options regarding their assessment. They can either pay the total amount of their assessment immediately, or pay the assessments in annual installments with interest under the terms set by the Council. The property owner can: • Pay the entire amount of the assessment within 30 days after the Council adopts the assessment rolls with no interest. • Pay the entire amount any time after 30 days, but before any certification has been made to the County Auditor with interest accrued to the date of payment. • Any time after the certification the property owner may still pay the entire remaining unpaid amount to the City. The property owner must pay the entire remaining unpaid amount of the assessment before November 15 of any year and must also pay all interest accrued until the end of that calendar year. If the property owner elects not to pay the entire amount of the assessment at once, they may pay it in annual installments spread over the number of years the Council has allowed Page 18 of 19 including interest calculated at the rate established by the Council. � 'T�7. Duo ♦r..»,n.� IA conrrmnflicl _- Comment []T3]: See my comment above. ing assessmeiits may e uF at Councils discretion f-or situations when the make- it aNai !able nhle for sites sites in ttt the future. XXA XIV. Deferred Assessments Deferred assessments are certified to the County Auditor but collection is deferred. All deferred assessments constitute liens on the property and must be paid within 30 years of the assessment levy. Property owners may request deferment provided the property owner or the property meets certain criteria. The three types of authorized deferrals are 1) undeveloped property, 2) senior citizen.-permanent and totaled- disability. and military service deferral, and 3) Ggreen Aacre -- deferral-. - - - Interest on -- - - the assessments discussed -- comment [JT4]: #1 I addressed above on p.12. If ------------------------------------------------------ subsequently, be aid or deferred t that if the assessment deferral is for the City wants to authorize deferral #2, it must adopt q y� ma y p , except a separate ordinance establishing the when and how Undeveloped property or for Green Acres property, no interest shall accrue during the such deferrals may be granted. Also, if this is the City policy, the City must disclose that it does so in period of the deferral.. If interest is deferred with the assessment it will be computed on a every notice of proposed assessment. #3 is already compounding b as is. addressed by the policy and state statute. A. Notice of Deferred Assessments: The City will record deferred special assessments with the County Auditor. The certificate of the deferred assessment will contain the type of deferral. B. Interest on Deferred Assessments: Property owners may pay interest (if applicable) either annually during the period of deferment, or when the assessment becomes payable. If interest is deferred with the assessment it will be computed on a compounded basis. Page 19 of 19 Page 1 of 19 Special Assessment Policy Purpose: The City's special assessment policies and procedures have been established to: 1. Provide a stable and continuing source of funding within the financial capacity of the City, in combination with federal, state, county, and other local financial resources available to the City, to accommodate infrastructure needs for new development, redevelopment, and maintenance within the existing community in the most cost-effective manner. 2. Balance needs and costs for new and existing infrastructure to support and promote economic development and growth as well as maintenance within the existing community by providing for the equitable distribution of infrastructure costs to ensure that specific developments are financially self-supporting to the extent warranted. 3. Provide a comprehensive, well-constructed and well-maintained infrastructure system that services individual properties and takes advantage of economies on a regional scale and flexibility in the timing of infrastructure development. 4. Respond to community needs and desires for health, safety, welfare; accessibility, and mobility provided by new infrastructure and the maintenance of existing infrastructure. 5. Function in harmony with the City's comprehensive plan and growth area plans by providing the infrastructure and amenities associated with those plans thereby promoting orderly growth in areas where services are available or can be provided at the most reasonable cost. 6. Provide the City Council and staff with guidelines and methods to efficiently distribute infrastructure costs to benefiting properties in an equitable and consistent manner thereby enhancing the value of property by assigning a proportionate value of the improvements to the properties deriving benefit from the improvement. General Policy Statement: While the special assessment purposes, policies and procedures have been identified herein, the City Council may deviate from this policy when such rationale in equity arises or the law is required. I. Policy Definitions: A. Adjacent Property: A property directly adjacent to public improvements. Page 2 of 19 B. Access: Properties shall be considered to have access to public street improvements when they may enter onto the improvement from their own private driveway, private road, or public street, or when the street classification would allow the property to be granted driveway access. Properties shall be considered to have access to underground utility improvements when they directly abut the property or may be available to the property by utility or road easement/ROW, and the City has included the property within a defined services area approved for immediate utility service. C. Accrued Interest (or Compounded Interest): Interest which is calculated not only on the initial principal but also the accumulated interest of prior periods. D. Adjusted Area: An area of a benefited property that has been modified by an adjustment factor to more accurately represent the true benefit that property receives from an improvement in comparison to other properties in the assessment area. The adjustment will be based on the improvement design parameters that are applicable to that parcel, as approved by the City Council. Design parameters that may be used to determine the adjustment factor include, but are not limited to, trip generation, storm water runoff coefficients, water or sanitary sewer use, needed fire flow, and zoning or future land use. E. Assessed Cost: Those costs of public improvements that have been determined to benefit specific properties. The assessed cost will be equal to the project cost minus the City cost. Project costs eligible for assessment include all costs associated with the improvements, including, but not limited to, land acquisition, demolition, construction, administration, engineering, legal, financing and other costs as determined by the City Council. The financing charges include all costs of financing the project. These costs include, but are not limited to, financial consultant's fees, bond attorney's fees, and capitalized interest. F. Assessable Footage: The assessable footage is the total front footage of all of the benefiting properties, calculated by using the front footage method. ( G. Assessment Rate: The assessment rate for improvements other than streets is determined by dividing the assessable cost of an improvement by the total number of assessment units such as the total adjusted front footage or square footage, acreage, number of lots, or number of parcels. H. Assessment Unit: Front footage, area, or unit used to compute the costs on the basis of individual assessments. I. Benefit: The increase in property value as a result of a public improvement such as a street, sidewalk, trail, curb and gutter, water main, sanitary sewer, storm sewer, park, or street landscaping. Page 3 of 19 J. Deferment: A process of postponing the collection of the cost of public improvements and funding them as a system cost with the intention of collecting the cost at a later date. K. Driveway Approach: That area which lies between the existing pavement to the right- of- way line; curb cut to curb cut. For assessment purposes driveway approach refers to the road surfacing, not stormwater conveyance such as ditching or culverts. L. Front Footage: The distance measured along the right-of-way line that directly abuts an improvement, not counting Side-Lot Footage. M. Limited Access Street: A street, such as a major or minor collector street, which because of its high volume of traffic has been designated by the City for controlled access, meaning the number of access points to the street will be limited. N. Lot Definitions: 1. Corner Lot: A lot located at a street intersection having both front and side-lot footage. 2. Double Frontage Lot: A lot with access to two separate non- intersecting or intersecting streets but not a corner lot. 3. Irregularly Shaped Lot: Those lots abutting curved streets, cul-de- sacs, or other lots where there is more than five feet of difference in length between the front and back lot lines. 4. Rectangular Lot: A lot with less than five feet of difference in length between the front and back lot lines. O. Public Improvement: Improvements as allowed by State statute that provide a special benefit to properties, including but not limited to streets, sidewalks, trails, curb, gutter, sanitary sewer systems, storm sewer systems, water treatment and distribution systems. P. Special Assessment: A legal process whereby the benefited property is charged for all or a portion of the cost of public improvements. Q. Standards for Surface Improvements: Standards for surface improvements have been established in the City's Engineering Standards. R. Street: All public ways designed as means of access to the adjoining properties. Streets are classified into six groups and classified per a Collector or Local street status in the City's Comprehensive Plan: 1. Local Gravel – Local gravel streets have lower traffic counts as compared to collector gravel streets, have a gravel finish, and utilize rural ditches for stormwater conveyance. Examples include, but are Page 4 of 19 not limited to, Hidden Ponds Drive, Meadow Circle, Nystrom Lane, Rush Meadow Lane, and Treeline Drive. 2. Collector Gravel - Collector gravel streets have higher traffic counts as compared to local gravel streets, have a gravel finish, and utilize rural ditches for stormwater conveyance. Examples include, but are not limited to, Trail Haven Road, Cain Road, Bechtold Road, Old Settlers Road, and Willow Drive. 3. Rural Local Asphalt – Rural local asphalt streets have a bituminous finish and utilize ditches for stormwater conveyance. Examples include, but are not limited to, Cates Longhorn Road, Abilene Lane, Butterworth Lane, Hunter Road, and Dassel Lane. 4. Urban Local Asphalt – Urban local asphalt streets have a bituminous finish and utilize curb and gutter for stormwater conveyance. Examples include, but are not limited to, Bridle Path, Carriage Way, Prairie Sage Lane, and Sorrel Court. 5. Rural Collector Asphalt – Rural collector asphalt streets have higher traffic counts than local streets, have a bituminous finish, and utilize ditches for stormwater conveyance. Examples include, Oakdale Drive. 6. Urban Collector Asphalt – Urban collector asphalt streets have higher traffic counts than local streets, have a bituminous finish, and utilize curb and gutter for stormwater conveyance. Examples include, Gleason Parkway. S. Street Treatment Definitions: 1. Crack Seal and Seal Coat - Crack sealing involves patching and sealing cracks in the roadway. This is followed by seal coating, which involves spraying the road with oil and covering it with a layer of small rock. Crack sealing and seal coating is generally considered routine roadway maintenance. The recommended interval is 6-8 years with first application about 7 years after new roadway construction. 2. Mill and Overlay - Milling and overlaying consists of grinding off the upper layer of asphalt (in urban sections) and replacing it with a new layer of asphalt. This is generally done on roadways that have a fair amount of cracking and other surface distress, usually at about 60% of the street's life cycle. This is considered a structural improvement that will renew the street surface and extend its useful life. 3. Rehabilitate - Rehabilitating a roadway consists of grinding up the existing Page 5 of 19 asphalt and mixing it with a portion of the underlying gravel base (typically 4"- 8"). This combination of bituminous and gravel is then used as the new road base, and a new asphalt surface is paved over this. This is generally done on roadways that have a significant amount of distress. This can be a good alternative to reconstructing a road if the existing road base appears to be structurally sufficient. 4. Reconstruct - Reconstructing a roadway consists of completely removing the existing road and underlying gravel and sand base material, and constructing a new road section. This may also include correcting any poor base material beneath the section, or updating the road to meet design standards such as width and drainage. This is often done in conjunction with utility repairs/replacement. Generally done on roadways that exhibit signs of major distress, such as rutting, cracking, and potholes. T. System Cost: That portion of the assessable cost that benefits properties whose assessments are deferred because they qualify for green acres status, are located outside of the City limits, or are unable to make use of the improvements due to factors beyond their control. The City may reimburse itself for such system costs from the benefitting properties when the basis for the deferral is no longer valid. U. Unit: A unit, for purposes of defining an assessment, may include, but is not limited to: a household; a parcel/lot; water or sewer main length and size; sidewalk or trail length, width and depth; driveway approach length, width and depth. II. Policy Implementation and Procedures: A. Assessment Classification The assessment process shall address the feasibility of physical construction and also the affordability of the improvements. In meeting these responsibilities, a classification system is established below for public improvement projects based on the design capacity and the level of use. Cost apportionment is based on the extent of use of the improvement by the benefiting property owners and City policies for street paving, curb, gutter, and sidewalk construction shall be used as a basic guide. The classification system groups improvements into the three categories: • Type I improvements consist of projects that are mostly of benefit to the abutting properties and include local streets, curb, gutter, water and sewer services, and driveway improvements. Street construction, sidewalk, paving, storm sewer, sanitary sewer, and water mains may be Type I if solely designed to serve the abutting properties. • Type II improvements consist of projects that benefit a larger, yet definable, area. Street construction, sidewalk, paving, storm sewer, sanitary sewer, and water mains may also be Type II if the improvement benefits a larger area. Collector streets, which are likely to be used by a broader segment of the public, should be proportionately assessed to a larger area. Page 6 of 19 • Type III improvements consist of large-scale projects of benefit to the entire City regardless of location. The criteria for designation of any improvement as Type III are facilities that serve areas larger than a definable neighborhood or those areas separated by major identifiable barriers, such as creeks, or county roads. Typically, Type III improvements are financed through a combination of Federal and State appropriations and available City funds; however, special assessments may be needed to fully fund the project. If financial assistance is received by the City from the Federal Government, from the State of Minnesota, the County, or from any other source to defray a portion of the costs of a given improvement, such aid will be used first to reduce the "City cost" of the improvement. If the financial assistance received is greater than the normal "City cost", the remainder of the aid will be applied according to the terms of the assistance program or at the Council's discretion. The assessment classifications are listed in Table 1 below. The City Council may from time to time adjust the classification of improvements to maintain the equitability of the assessment cost. Table 1. Assessment Classification Type I Improvements Type II Improvements Type III Improvements Curb & Gutter Trunk Sanitary Sewers (greater than 8" diameter) Bridges Sidewalks and trails, 5 feet wide or less Trunk Water Main (greater than 8" diameter) and Looped Water Main Community Facilities Library Law Enforcement Fire Station Sanitary Sewer Laterals (less than or equal to 8" diameter) Collector Streets Water Main (less than or equal to 8" diameter) Sidewalks and trails, greater than 5 feet wide Community Parks Sewer & Water Services Storm Drainage Improvements Wastewater Treatment Facilities Local Streets/Alleys Pumping Stations Water Tower Storm Drainage Improvements Water Treatment Plant Other improvements mandated or authorized by law B. Methods of Assessment The City shall use the following methods in determining assessments for public improvements. 1. Front Footage Method Page 7 of 19 This method computes the assessable frontage for the project and for each property. The assessment rate is obtained by dividing the total assessable cost by the assessable footage in an assessment district. The assessment for each parcel is then obtained by multiplying the assessment rate times the front footage for each property. Front footage is determined as follows: a. For rectangular lots, the front footage shall be the same as the front footage at the right-of-way. b. For irregularly shaped lots, the front footage will typically be calculated as the width of the lot as defined in the City's zoning ordinance, although other methods may be used at the City's discretion (such as average lot width) if they are determined to be more equitable. c. For all corner lots, street assessments, regardless of the orientation of the house, shall be based on one-half of the footage of the road being improved. d. For a rectangular corner lot, water and sewer assessments, regardless of the orientation of the house, the short side of the lot shall be considered to be the "frontage". e. Double frontage lots may be assessed for any street improvement that it has direct access to, if the lot is of such size that it could be split into multiple buildable lots. The front footage for each improvement will be determined in accordance with the above- described policies, whichever is appropriate. 2. Area Method This method computes cost on a square foot or acreage basis. The assessment rate is determined by dividing the total assessable cost by the total benefiting area. A parcel's assessment is then determined by multiplying the assessment rate times the benefiting area of the parcel. When the benefiting area includes both platted and un- platted properties, the gross benefiting area will be used to apportion the benefit among the properties. An adjustment factor reflecting land use may be applied to a parcel's benefiting area in some cases. For example, for storm sewer design, the assumed rate of runoff per acre from a commercial lot is greater than the runoff rate from a residential lot. If all uses are the same in a project area (single family, multi- family, commercial, or industrial), the assessment rate is the same for all. Where there is variation in residential density or uses, the assessment rate may be adjusted to reflect the corresponding differences in benefit. The assessable area shall include all properties legally eligible for assessments. The following items may not be included in area calculations: public right-of-ways, natural waterways, lakes or other wetlands. 3. Unit Method This method computes the costs on the basis of individual assessment units. For example, sewer and water services, sidewalks, trails, and driveway approaches are typically considered separate individual units. The total project cost is divided by the total number of assessment units to calculate the fixed cost. Assessment units could be determined on a per lot or per unit basis, or any combination thereof. For lots that may be further subdivided, the City may determine the number of assessable units based on the number of Page 8 of 19 equivalent lots that could be created from a particular parcel. 4. Combination Method This method involves using one or more of the above defined methods to more equitably calculate assessments. The combination method may be considered when there is varying land use, undeveloped properties available for future development, or other circumstances involving the defined public improvement that may provide assessment inequities. C. Determination of Assessable Costs, Rate and Term 1. Water System a. Water Mains: The assessable cost for installing new water main improvements shall be based on the level of service required by the property. In residential areas, 100% of the cost of installing water main that is 8-inches in diameter or less shall be assessed to the benefiting properties, and up to 50% for reconstruction, see chart below. In commercial areas, 100% of the cost of installing new water main and 50% of the cost of reconstruction will be assessed, based on current design standards. The cost of over sizing the water main for general distribution purposes shall not be assessed. Where larger diameter water mains are required to serve commercial, industrial or institutional properties, the increased cost of water main installation shall be assessed to those properties. Where improvements are designed to serve an area beyond that of direct benefit, the City may deferpostpone that portion of the assessment and fund itthe increased project cost as a system cost. The system cost shall be assessed to the newly developing area as a system charge together with direct benefits for other services. Reconstruction Assessments – Water System Years After First Assessment Levied1 City Share2 Assessed Share2 0-20 years 100% 0% 20-40 years 75% 25% Over 40 years 50% 50% 1First assessment refers to the original assessment for properties developed or platted at or before the time the improvement is constructed, or to the deferred assessment for properties developed or platted after the improvement is constructed. 2Percentage based on project construction cost. The assessed share of the project cost, as listed in the above table, will be apportioned against the benefiting properties. The City Engineer will use standard procedures to determine the benefiting property for each specific project. b. Water Services: The assessable cost for the construction or replacement of water services shall be 100% of the project cost. The unit cost method will be used to calculate the assessment. c. Length of Assessment: The assessment period for sanitary sewer improvements, including new construction and replacement projects, is a maximum of twenty years. Page 9 of 19 2. Sanitary Sewer Sanitary Sewer Assessments shall be based on engineering design standards. The assessable cost for installing sanitary sewer improvements shall be based on the type of service required by the property. In residential areas, 100% of the cost of installing new sanitary sewer that is 8-inches in diameter; and up to 50% for reconstruction, shall be assessed to the abutting properties. Where larger diameter sanitary sewers are required to serve commercial, industrial or institutional properties, the increased cost of installation shall be assessed to those properties. Where improvements are designed to serve an area beyond that of direct benefit, the City may defer that portion of the assessment and fund it as a system cost. a. Sanitary Sewer Assessment Formula: Assessments to be levied against properties within the benefited area shall be distributed to those properties on the basis of the following provisions: 1. Assessment Rate: The assessment rate shall be equal to the "assessable cost" of the improvement divided by the total number of assessable units benefited by the improvement. Projects having an uneven distribution of benefits may be subdivided into separate improvements using multiple assessment methods and rates to more equitably apportion the assessments. 2. Assessable Units: The assessable units shall be determined as follows: i. Lateral Sewers. The assessment method shall be the "unit method", unless otherwise specified by the Council. ii. Trunk Sewer and Lift Station. Trunk fees shall be charged as outlined in City Code, Chapter 51: Regulating Public Sanitary Sewer and Water Within the City of Corcoran. iii. Sewer Services. The assessable cost for the construction or replacement of sewer service lines shall be 100% of the project cost. The assessment shall be based on the number of sewer services installed for each individual property. This is the unit cost method of assessment. 3. Assessment Formula for Replacement: The following table shows the cost split for replacement of sanitary sewers (trunk sewers, lateral sewers, and lift stations), if they are to be assessed. Reconstruction Assessments – Sewer System Years After First Assessment Levied1 City Share2 Assessed Share2 0-20 years 100% 0% 20-40 years 75% 25% Over 40 years 50% 50% 1First assessment refers to the original assessment for properties developed or platted at or before the time the improvement is constructed, or to the deferred assessment for properties developed or platted after the improvement Page 10 of 19 is constructed. 2Percentage based on project construction cost. The assessed share of the project cost, as listed in the above table, will be apportioned against the benefiting properties. The City Engineer will use standard procedures to determine the benefiting property for each specific project. 4. Length of Assessment: The assessment period for sanitary sewer improvements, including new construction and replacement projects, is a maximum of twenty years. 3. Storm Sewer Storm sewer improvements shall be classified to include all storm sewer, storm sewer pumping stations, culverts, ditches, rain gardens, swales, street grading and any other improvement, which will facilitate drainage. The assessment for the construction of storm drainage improvements shall be based on the level of service required by the property. a. Storm Sewer Assessment Formula: Assessments to be levied against properties within the benefited area shall be distributed to those properties on the basis of the following provisions: 1. Assessment Rate: The assessment rate shall be equal to the assessable cost of the improvement divided by the total number of assessable units benefited by the improvement. Projects having an uneven distribution of benefits may be subdivided into separate improvements using multiple assessment methods and rates to more equitably apportion the assessments. 2. Assessable Units: The assessable unit, unless otherwise specified by the Council, shall be the gross area or adjusted area of the benefited properties, both present and future, as determined in the project design. 3. Assessable Cost: The assessable cost shall be 100% of the total project cost for new or expanded storm drainage improvements, and up to 50% for reconstruction, based on the chart below. 4. Length of Assessment: The assessment period for sanitary sewer improvements, including new construction and replacement projects, is a maximum of twenty years. Reconstruction Assessments – Storm Sewer Years After First Assessment Levied1 City Share2 Assessed Share2 0-20 years 100% 0% 20-40 years 75% 25% Over 40 years 50% 50% 1First assessment refers to the original assessment for properties developed or platted at or before the time the improvement is constructed, or to the deferred assessment for properties developed or platted after the improvement is constructed. 2Percentage based on project construction cost. The assessed share of the project cost, as listed in the above table, will be apportioned against the benefiting properties. The City Engineer will use standard procedures to determine the benefiting property for each specific project. Page 11 of 19 5. Assessment Formula for Replacement: The cost split for replacement of storm sewers, lift stations, and miscellaneous drainage improvements, if they are to be assessed, will be assessed in the same manner as sanitary sewer replacement as shown above. 6. Length of Assessment: The assessment period for storm sewers, lift stations, and miscellaneous drainage improvements is a maximum of twenty years. 6. Where improvements are designed to serve an area beyond that of direct benefit, the City may defer that portion of the assessment and fund it as a system cost. 4. New Street Construction The City's general policy and practice is to require new residential street construction during land use development applications to be constructed to City standards by the developer/applicant with no special assessments or public bonding support. 5. Street Reconstruction, Rehabilitation, and Mill and Overlays a. Reconstruction and Rehabilitation - The assessable cost of street reconstruction and street rehabilitation projects shall be determined by the benefit to properties affected by the project determined through a letter of benefit or similar from a licensed appraiser. The assessment shall be 90 percent of the median value of the benefit. For example, if the benefit for a direct access property was valued from $12,000-$15,000 per unit, the assessment would be $12,150 ($13,500 x .9 = $12,150). If the benefit for an indirect access property was $3,000-$5,000 per unit, the assessment would be $3,600 ($4,000 x .9 = $3,600). The method of assessment shall be based on per unit. The remaining cost shall be a City cost. 1. For properties with access to the street receiving a reconstruction or rehabilitation, each existing unused development right and newly created development right resulting from the project will be assessed an amount equal to the assessment of a direct access property. 2. Landowners receiving assessments for existing unused development rights and newly created development rights may have the option of paying the entire assessment in one lump sum or through deferral until time of plat. Assessments will be filed with the County Recorder. b. Mill and Overlays - The assessable cost of overlays and mill and overlays shall be determined by the benefit to properties affected by the project determined through a letter of benefit or similar from a licensed appraiser. The assessment shall be 90 percent of the median value of the benefit. For example, if the benefit was valued from $1,500-$2,500 per unit, the assessment would be $1,800. The method of assessment shall be based on per unit. The remaining cost shall be a City cost. 1. Exception: The City has completing initial overlays on roads without assessments, the following roads will receive one overlay without an assessment in order to complete the existing program, if the road is improved to a higher standard instead of an overlay the exception no longer applies: Bluestem Trail, Cates Longhorn Road, Chisolm Trail, Country Circle, Country Road, Hage Drive, Heather lane, High Bluff Lane, Hunters Ridge, Jackie Lane, Jubert Lane, Julie Ann Drive, Larkin Formatted: Justified, Indent: Left: 1.07", Hanging: 0.25" Formatted: Font: 12 pt, No underline, Font color: Custom Color(RGB(35,35,35)) Page 12 of 19 Road, Maple Hill Road, Meadow Creek Drive, Mohawk Road, Oswald Farm Road, Pioneer Trail, Robert Lane, Rolling Hills Road, Rush Creek Drive, Schutte Farm Road, Sunnyhill Road, Sunset Lane, and Windmill Drive. c. Length of Assessment - The assessment period for street improvements is a maximum of twenty years. 6. SIDEWALK The front footage or unit cost method shall be the basis for assessment. The assessable cost for sidewalk improvements shall be 100% for both new construction and reconstruction up to 5 feet wide. Sidewalk maintenance and rehabilitation shall be repaired or replaced to the original standard and is the responsibility of the abutting property owner. 7. DRIVEWAY APPROACHES Driveway approaches from shall be part of the overall project and not assessed separately. The improvement to driveway approaches should be considered as the amount of benefit is established. D. Deferred Assessments for Green Acres In cases where improvement projects are determined to benefit properties that have been certified to qualify for Green Acres exemption, the City will determine that portion of the project cost that benefits those properties, and finance that portion of the project cost as a system cost. Landowners of benefiting properties may have the option of paying the entire assessment in one lump sum or through deferral as allowed by Minnesota Green Acres statutes. Once the benefiting properties no longer qualify for Green Acres status, the City may recover the system cost. Assessments against Green Acres Parcels will be filed with the County Recorder. E. Deferred Assessments for Undeveloped Property In the Council’s discretion, the City may, at the meeting in which the Council approves an assessment, levy the assessment but defer the first installment of the assessment for unimproved property until a designated future year, or until the platting of the property or the construction of improvements. However, all deferred assessments must be paid within 30 years of the assessment levy. The City Council may set, by resolution, terms, conditions, standards, and criteria for the deferral and future payments. The City shall file a certificate with the county recorder stating the legal description of property subject to deferred assessments, and the amount of the deferred assessments. The City shall include all benefitted property in the assessment proceedings, including those properties on which it determines to defer assessments. E.F. Determination of Assessment Rate and Terms 1. Interest Rate on Assessments: The City will charge interest on special assessments at a rate specified in the resolution approving the assessment roll. If bonds were sold to finance the Formatted: List Paragraph, Numbered + Level: 2 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.33" + Indent at: 0.58" Formatted: List Paragraph, Left, Indent: Left: 0.58", First line: 0" Formatted: Font color: Custom Color(RGB(65,65,65)) Page 13 of 19 improvement project, the interest rate shall generally be one percent (1.0%) more than the average rate of the bonds, rounded to the nearest quarter of a percent. If no bonds were sold, the interest rate shall be set using the same formula based on the current bond market. 2. Length of Assessment: The assessment period for all improvements is subject to the requirements of the bond market at the time of project financing and thus may vary in length from the time periods proposed. F.G. Undeveloped Property The City shall require the developer, owner or sub-divider of any property within the City's corporate limits desiring to install street, curb and gutter, sidewalk, sanitary sewer or water main improvements to follow the City's subdivision ordinance, in addition to the following: 1. Upon written request by a developer, the City Council shall give consideration to the preparation of a feasibility report to determine the feasibility of construction for the desired improvements. The developer will prepare a plan and other such information, as the Council requires, prior to the Council making a decision on the request. 2. The developer and/or the property owner are required to sign a Developer's Agreement and Petition and Waiver Agreement, in a form acceptable to the City, prior to awarding a contract. 3. At the completion of an improvement, all improvement costs will be recorded or certified to the County per the Developer's Agreement G.H. Petitioned Improvement Projiects The City will consider petitioned improvement projects. However, the need for specific projects shall be determined based on engineering standards (e.g. the existing condition represents a physical or structural hazard, or is no longer cost-effective to maintain, etc.) as determined by the City Public Works Superintendent and City Engineer and approved by the City Council. The City may consider the following information in approving or denying the petition: comprehensive cost of the project; cost to individual properties; demonstrated need for the project; existing site conditions of the proposed project; geographic scope of the project area, and any other information the City deems relevant. The City Council has the authority to initiate non-petitioned improvement projects, if it is felt the improvements are in the best interest or safety of the citizens. Special Assessment Procedures Purpose: Page 14 of 19 This procedure is for internal purposes to summarize statutory and administrative requirements with respect to special assessments. Changes occur statutorily on an annual basis and administratively through Council direction and administrative review on an on-going basis. Verification of any changes needs to occur prior to utilizing this document as those changes may supersede the contents of this document at the time of approval. Procedure: I. Initiation of Proceedings Either a petition from affected property owners or the Council initiates Minnesota State Statute chapter 429 proceedings. A. By Petition: If the Council chooses to proceed with an improvement based on a petition it must have the signatures of the owners of at least 50 percent in frontage of the property bordering the proposed improvements. B. By Council: The Council may act on its own initiative in proposing a local improvement and ordering a feasibility report. The Council must calculate the cost of the improvement or direct staff to do so. II. Feasibility Report Whether initiated by petition or by Council, Chapter 429 requires that the city engineer, or another person with similar skills, prepare a feasibility report. The feasibility report must cover such factors as whether the project is necessary, the availability of money in the general fund to pay the city's share of the cost, an estimate of that cost, whether the improvement is cost effective, and any other information necessary for Council consideration. The feasibility report must also include the estimated cost of the improvement as recommended. Since a reasonable estimate of the total amount to be assessed and a description of the methodology used to calculate individual assessments for affected parcels must be available at the hearing it could be part of the commissioned report. The feasibility report is integral to the assessment process. Best practice suggests that the City Council pass a resolution receiving the report and provide preliminary notice of the improvement. Ill. Initial Considerations The law requires two public hearings commonly known as an improvement hearing and an assessment hearing; in between these two public hearings Council may order the improvement, decide how to construct the project and tabulate an assessment roll. A. Determining Benefit Districts: Determining what area benefits from improvement projects, or the area against which the City will levy assessments, is a major policy decision for the City Council. The benefit district varies with the kind of improvement. For some improvements, such as a water tank, the area benefited might be very large. In levying an assessment to finance the tank's construction the Council might assess the entire area the tank services. The special benefit test still applies. City staff, consulting engineers and attorneys may provide the basis for Council to determine what area or Commented [JT1]: 35% is the minimum per 429.031, but the City can require more if it desires. Page 15 of 19 district to assess for a specific improvement because that area benefits from the improvement. B. City's Share: At any time before or after the City actually incurs expenses for the improvement, the Council must pass a resolution determining how much the City plans to pay and separate that from amounts to be assessed. Best practices suggest the Council work with an appraiser and an attorney to determine the appropriate City share of a particular project. The City has adopted a policy to address the methodology of the assessment calculations. C. Non-abutting Property: The Council may wish to levy assessments against adjacent, non- abutting properties if the properties benefit from the improvement. D. Service Laterals: City utility ordinance requires that property owners maintain private water and sewer service laterals. When an improvement project requires new service laterals the City may require that property owner to install or replace them. E. May Omit Improvement Hearing: The Council may omit the improvement hearing if 100 percent of the affected landowners sign the petition requesting the improvement. If the landowners are not paying 100% of the project costs the City will consider holding both public hearings. F. Two or More Simultaneous Local Improvements: When the City proposes undertaking two or more local improvements simultaneously the City does not need to issue separate notices and hold separate improvement hearings on different dates. The notice will describe each improvement separately, stating the estimated cost for each one and noting that there will be a separate hearing to address, even if held one after the other on each improvement. IV. Prepare for the Improvement Hearing The purpose of the first hearing is for the Council to discuss a specific local improvement before ordering it done. The Council considers all the information in the feasibility report and any other information necessary for Council deliberation. A. Publish Notice of the Improvement Hearing: The City must publish notice of the initial public hearing on the proposed project twice in the official newspaper, stating the time and place of the hearing, the general nature of the improvement, the estimated cost, and the area proposed to be assessed. The notices must appear at least one week apart. At least three days must elapse between the last publication date and the date of the hearing. B. Mail Notice of the Improvement Hearing: The City must mail a notice once to each property owner in the proposed assessment area, at least 10 days prior to the improvement hearing that states the time and place of the hearing, the general nature of the improvement, the estimated cost and the proposed assessment area. The notice must also contain a statement that a reasonable estimate of the cost of the assessment will be available at the hearing. The City will diligently make every effort to notify citizens about assessment proceedings. According to statute, failure to give mailed notice of the improvement hearing will not invalidate subsequent assessment proceedings. Notice to other governmental entities must be sent out at least two weeks before the improvement Commented [JT2]: This is fine but not required. You can hold one hearing or do so separately. Page 16 of 19 hearing, by registered or certified mail to the head of the instrumentality, department or agency having jurisdiction over the property. V. Improvement Hearing At the improvement hearing, interested persons may voice their concerns, whether or not they are in the proposed assessment area. A reasonable estimate of the total amount to be assessed and a description of the methodology used to calculate individual assessments for affected parcels must be available at the hearing. If the Council rejects the project, it may not reconsider that same project unless another hearing is held following the required notice. The Council must prepare a record of the proceedings and make written findings. The Council may adjourn and subsequently continue the improvement hearing. To provide proper notice, before the improvement hearing is adjourned, the Council must state on record, the date, time and place of the continuation of the improvement hearing, if any. VI. Ordering the Improvement A resolution ordering the improvement may be adopted at any time within sixnine months after the date of the improvement hearing. A. Vote Requirements for Ordering the Improvement: If the improvement is made pursuant to a legally sufficient petition from property owners, the Council adopts the resolution by a simple majority vote of all members of the Council. If there is not a petition, adoption requires a 'super-majority' vote, meaning the council can only adopt the resolution by a four-fifths vote of all members of the Council. B. Time Limits for Local Improvements: The resolution ordering the improvement may be adopted at any time within sixnine months after the date of the improvement hearing. Either arrangements for day labor or a contract must be made within one year of adopting the resolution ordering the improvement, unless the Council specifically states a different timeframe in the resolution ordering the improvement. VII. Competitive Bidding The law permits the Council to carry out, in advance of the assessment hearing, all the steps prior to, but short of, actually issuing of a contract for the improvement. Thus, if the Council wishes to provide firm estimates of costs at the hearing, it may, in addition to the required preliminary report, prepare completed plans and specifications, advertise for bids, and open and tabulate them before the assessment hearing. Once the Council orders a public improvement, staff or consultants prepare the necessary plans and specifications and the Council either: • Contracts for all or part of the work to be performed by outside parties, or • Orders all or part of the work to be done by city staff and contracts for any necessary materials and equipment. In either case, contracting law applies. The City Attorney should coordinate the contracting process in combination with the special assessment process. VIII. Prepare the Proposed Assessment Rolls The City Clerk, with the assistance of the engineer or other staff prepares the proposed Page 17 of 19 assessment rolls. The proposed assessment cannot exceed the increase in market value accruing to the property as a result of the public improvement project. Road Assessment Calculations Components: A. Future Lots within the Combined Method Calculation: The maximum potential parcels are calculated with the current zoning. B. Cemeteries: A cemetery cannot be assessed in accordance with State Statute. C. Right of Way: Parcels that are entirely right of ways will not be assessed. D. Rounding: Calculation of assessment will need to be adjusted due to rounding. Practice is that $.01 per parcel will be adjusted either positively or negatively beginning with the last parcel listed. IX. Prepare for the Assessment Hearing The purpose of the second hearing is to give property owners an opportunity to express concerns about the actual special assessment. The Council will pass a resolution setting the date and time of the assessment hearing and direct the City Clerk to publish and mail notice about the assessment hearing. A. Publish Notice of the Assessment Hearing: At least once and at least two weeks before the assessment hearing, the City must publish notice of the hearing in the city newspaper. The published notice must include the hearing time, date, place, overall project description, area to be assessed, total cost of the improvement, a description of a landowner's right to appeal the assessment, and any deferment options, if available. B. Mail Notice of the Assessment Hearing: At least two weeks before the hearing the City must mail notice of the hearing to each affected property owner. This mailed notice must include the amount of the special assessment against the individual parcels,a description of the landowner's right to appeal the assessment, possible prepayment provisions, and the interest rate on the assessments. Failure to comply with the requirements for published and mailed notice invalidates the assessments. The Clerk will execute an affidavit attesting to the mailing to property owners. X. Assessment Hearing The assessment hearing may be adjourned and continued to another time. If the assessment hearing is adjourned, proper notice shall be given, stating for the record, the date, time and place of the continuation of the hearing. A. Resolution Adopting Assessment Roll: At the assessment hearing the Council shall hear and consider all objections to the proposed assessment, whether presented orally or in writing. The Council may change or amend the proposed assessment as to any parcel. Council must by resolution adopt the special assessment against the lands named in the assessment roll. Once the assessment roll is adopted the assessments are set and become liens against the properties listed. The Council must prepare a record of the proceedings Page 18 of 19 and written findings as to the amount of the assessment roll at this hearing. B. Council Decides Interest of Special Assessments: Special assessments may bear interest at any rate the Council determines. In setting the rate the Council should make sure there is a reasonable relationship between the assessment interest rate and the bond interest rate if the City is issuing bonds to finance the project. If the city finances the project with funds on hand without using bonds, the Council will want to look at the interest rate the City would otherwise have earned on the funds. C. Council Decides Payment Timelines: The Council must also decide the number of years over which the property owners may pay the assessment. The statutes permit payment over a period of not more than 30 years. XI. Sending of Final Notice The law does not require that the City send final notice of assessment to property owners if the amount assessed is the same as that listed in the previously mailed assessment hearing notice. The City chooses to notify property owners of all final assessment amounts whether they differ from the proposed assessment or not. Staff will also notify owners by mail the interest rates and prepayment requirements as stated in the proposed assessment notice. XII. Certification of Special Assessment Rolls The City Clerk must certify the assessment rolls to the County Auditor by November 30. The Assessment Rolls need to be accompanied by Council Resolution, certificate with the city seal signed by the City Clerk and a rate card. The County Auditor spreads the assessment every year for collection with taxes. XIII. Payment of Assessments and Interest Property owners initially have two options regarding their assessment. They can either pay the total amount of their assessment immediately, or pay the assessments in annual installments with interest under the terms set by the Council. The property owner can: • Pay the entire amount of the assessment within 30 days after the Council adopts the assessment rolls with no interest. • Pay the entire amount any time after 30 days, but before any certification has been made to the County Auditor with interest accrued to the date of payment. • Any time after the certification the property owner may still pay the entire remaining unpaid amount to the City. The property owner must pay the entire remaining unpaid amount of the assessment before November 15 of any year and must also pay all interest accrued until the end of that calendar year. If the property owner elects not to pay the entire amount of the assessment at once, they may pay it in annual installments spread over the number of years the Council has allowed including interest calculated at the rate established by the Council. XIV. Postponed Assessments Postponing assessments may occur at Councils discretion for situations when the City pays Commented [JT3]: See my comment above. Page 19 of 19 the cost of the improvement but delays assessing it. Examples of situations would be: • Property is unplatted and undeveloped; the owner will subdivide or otherwise make it available for building sites in the future. • The City cannot immediately use a trunk main because of various reasons. XV.XIV. Deferred Assessments Deferred assessments are certified to the County Auditor but collection is deferred. All deferred assessments constitute liens on the property and must be paid within 30 years of the assessment levy. Property owners may request deferment provided the property owner or the property meets certain criteria. The three types of authorized deferrals are 1) undeveloped property, 2) senior citizen, permanent and totaland disability, and military service deferral, and 3) green acre deferral. Interest on the assessments discussed subsequently, may be paid or deferred. If interest is deferred with the assessment it will be computed on a compounding basis. A. Notice of Deferred Assessments: The City will record deferred special assessments with the County Auditor. The certificate of the deferred assessment will contain the type of deferral. B. Interest on Deferred Assessments: Property owners may pay interest either annually during the period of deferment, or when the assessment becomes payable. If interest is deferred with the assessment it will be computed on a compounded basis. { Commented [JT4]: #1 I addressed above on p.12. If the City wants to authorize deferral #2, it must adopt a separate ordinance establishing the when and how such deferrals may be granted. Also, if this is the City policy, the City must disclose that it does so in every notice of proposed assessment. #3 is already addressed by the policy and state statute. STAFF REPORT Agenda Item 10b. Council Meeting: March 23, 2017 Prepared By: Brad Martens Topic: Public Interaction at Council Meetings Action Required: Direction Summary: At the March 9, 2017 meeting the City Council discussed public interaction at Council meetings and whether the Council wanted to make changes to the system. Staff was directed to initiate changes to allow a comment card type system where individuals could comment as the specific item was addressed rather than only at the beginning of the meeting. Attached to this report is the recommended comment card. Options for individuals would be the following: • Speak at Open Forum for items not on the agenda • Speak to items on the agenda as they are brought up; if item to speak on was on the consent agenda it would be pulled for individual consideration and so an opportunity would exist to speak on it In practice staff envisions the following upon implementation: • Staff would speak to audience members prior to meeting and inform them of the comment card system; cards would be gathered by staff in advance of meeting and be received by staff during meeting (if applicable) • Open Form would be held as usual for items not on the agenda • As items on the agenda were coming up the City Administrator would inform the City Council if a comment card was received and invite the individual to the podium. • Council would hear comments; after comments were received staff would present the agenda item. Financial/Budget: Costs for changes to the process for allowing public input at City Council meetings would be negligible. 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. OPEN AND HONEST COMMUNICATION We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. Options: 1. Direct staff to implement the new public comment system beginning at the April 13, 2017 meeting. 2. Direct staff to make no changes to the process to receive comments from the public at City Council meetings. Recommendation: Direct staff to implement the new public comment system beginning at the April 13, 2017 meeting. Council Action: Consider a motion to direct staff to implement the new public comment system beginning at the April 13, 2017 meeting. Attachments: 1. Recommended comment card 8200 County Road 116, Corcoran, MN 55340 CITY OF CORCORAN 763-420-2288 www.ci.corcoran.mn.us CITY OF CORCORAN 763-420-2288 www.ci.corcoran.mn.us 8200 County Road 116, Corcoran, MN 55340 PUBLIC COMMENT CARD PUBLIC COMMENT CARD Date: _____/_____/______ Open Forum: Yes or No If you are not speaking on an agenda item, you will speak at Open Forum Name of Speaker: ________________________________________________ (PLEASE PRINT CLEARLY) Related to Agenda Item: Yes or No Agenda Item Number:______________ Are you speaking __for the item __against the item __not applicable Representing: ___________________________________________________ Address: _______________________________________________________ Telephone (optional): ____________________ Comments: ____________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ Please Approach the Podium to Speak When Called Upon Meeting Rules of Conduct: Fill out and turn in white comment card to a staff member. When called upon, approach podium and state name and address. Indicate if representing a group. Limit remarks to 3-5 minutes. Date: _____/_____/______ Open Forum: Yes or No If you are not speaking on an agenda item, you will speak at Open Forum Name of Speaker: ________________________________________________ (PLEASE PRINT CLEARLY) Related to Agenda Item: Yes or No Agenda Item Number:______________ Are you speaking __for the item __against the item __not applicable Representing: ___________________________________________________ Address: _______________________________________________________ Telephone (optional): ____________________ Comments: ____________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ Please Approach the Podium to Speak When Called Upon Meeting Rules of Conduct: Fill out and turn in white comment card to a staff member. When called upon, approach podium and state name and address. Indicate if representing a group. Limit remarks to 3-5 minutes. STAFF REPORT Agenda Item 11a. Council Meeting: March 23, 2017 Prepared By: Brad Martens Topic: Public Works Director Job Description and Recruitment Action Required: Approval Summary: The 2017 budget includes the addition of a new Public Works Director position. This is a strategic move in order to reduce billable hours for consultant engineering services and to provide reduced charges for plan reviews for those looking at possible projects in the City. Attached to this report is the recommended job description for approval. Staff is also requesting approval to move forward with the recruitment process. The discussion of this position has taken place over several years. Currently the City relies heavily on consultant engineer services from Wenck Associates with assistance from the Public Works Superintendent and the City Administrator. The creation of the Public Works Director position would reduce billable hours from Wenck Associates as well as create some billable hour revenue to the general fund for plan reviews previously completed by Wenck Associates. The City would continue to supplement with Wenck Associates as necessary. Throughout the 2017 budget process staff suggested the position of Public Works Director/Engineer. After significant review, it is proposed to remove “Engineer” from the position title and focus on a Public Works Director. This recommendation comes after reviewing one year of bills from Wenck Associates, creating a job/task list for the position, and after reviewing nine related job descriptions. This review resulted in an understanding that most items do not require a Professional Engineer (PE). Requiring this would also significantly reduce the job pool. The Public Works Director would be a department head and supervise all aspects of the Public Works department and direct the resources of the consultant engineer as necessary. The Public Works Superintendent job duties would for the most part not change other than reducing some of the administrative meetings and Council attendance. Below is a list of some of the items to be completed by the proposed Public Works Director position: •Land use reviews – bill hours towards projects as necessary •MnDOT State Aid reporting •Attend weekly project meetings (downtown, Ravinia, others as they come up) •Support Elm Creek Watershed Commission and attend meetings •Complete MS4/SWPPP reporting •Respond to comments/concerns/complaints regarding transportation, utilities, stormwater • Attend Council meetings and other intergovernmental meetings (Hennepin County, State of MN, Met Council, etc.); attend emergency management meetings; write City Council reports • Coordinate bids and the capital improvement plan • Coordinate between property owners as projects move forward • Complete/coordinate feasibility studies and preliminary design for projects • Complete strategic planning for pavement management, utility management, stormwater management • Present budget proposals (short-term and long-term) • Review various permit requests (driveway, overweight, etc.) Consultant engineering services would still be required for reviewing detailed project plans, construction inspection, review of construction plans, surveying, contractor pay requests, and mapping. If approved staff envisions the following recruitment schedule: • April 3rd: Post position for recruitment • April 28th: Applications Due • Week of May 1st: Review applications • Week of May 8th: First round interviews • Week of May 15th: Second round interviews • May 25th: City Council approval of conditional offer • June 2nd: Background check completed • June 26th: Anticipated start Financial/Budget: The proposed job description was reviewed and graded by George Gmach who regularly assists in our compensation review and ensures our compliance with pay equity. The position graded at Grade 18 which has a current pay range of $80,288- $97,906; a one percent increase will take place on July 1st for the entire pay scale increasing the range to $81,078-$98,883. It is anticipated that the costs for the 2017 budget (including wage, PERA, Medicare, Social Security, Insurance) will be $61,504. This amount is $5,586 higher than budgeted as it was assumed that the position would be in Grade 17. Per the plan the City anticipates offsetting $24,375 ($16,250 reduced consultant costs and $8,125 revenue generated) to help fund the position, the remaining $37,129 is to be paid out of the general fund. The position also requires added costs related to an additional computer and necessary software and training. These items are included in the 2017 budget. Alignment with Values: This item relates to the following adopted values: EXCELLENCE AND QUALITY IN THE DELIVERY OF SERVICES We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional, cost-effective, and friendly manner. FISCAL RESPONSIBILITY We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Options: 1. Approve the job description and authorize staff to begin the recruitment process for Public Works Director. 2. Send back to staff for further review. Recommendation: Approve the job description and authorize staff to begin the recruitment process for Public Works Director. Council Action: Consider a motion to approve the job description and authorize staff to begin the recruitment process for Public Works Director. Attachments: 1. Job Description – Public Works Director PUBLIC WORKS DIRECTOR ©City of Corcoran 2017 1 Department: Public Works Reports To: City Administrator Points: 545 Grade: 18 FLSA: Exempt Bargaining Unit: NA Revision Date: March, 2017 Job Summary: The Public Works Director performs complex professional work overseeing the planning, development, and maintenance of city infrastructure, working with various agencies that impact the City’s planning process, and reviews various land use applications. Areas of focus include streets, parks, water, sanitary sewer, storm sewer, fleet management, engineering services, and other related work as apparent or assigned. Work involves setting policies and goals under the direction of the City Administrator. Departmental supervision is exercised over all personal within the department. Scope of Impact: The Public Works Director supervises all Public Works employees, oversees all City infrastructure, monitors department performance, and provides work direction for consultant engineering staff. Essential Duties and Responsibilities: • Plans, directs, and reviews all operations of the Corcoran Public Works Department o Directs the operations of the Public Works Department, coordinates projects with appropriate consultant staff as necessary; o Exercises a leadership style that promotes collaboration and coordination of activities; undertakes or effectively recommends supervisory functions such as hiring, interviewing, evaluating performance, disciplining, and rewarding; provides coaching as needed and monitors performance; o Ensures the department delivers consistently high quality and timely services that are compliant with Minnesota State laws and established rules and regulations of the City; o Directs emergency response efforts for the department in order to minimize service delays and safety hazards; works with the Public Works Superintendent during snow and ice removal activities, water main breaks, and other Public Works related emergency events by coordinating employees and other resources; o Prepares, submits, and manages the department work plan including goals and objectives to be achieved and also the metrics and measures of success; o Maintains regular communication with the City Administrator regarding work related activities; o Secures contracted services as necessary to perform a variety of maintenance activities; monitors work to control costs and ensure performance; City of Corcoran PUBLIC WORKS DIRECTOR ©City of Corcoran 2017 2 o Works, in conjunction, with consultant engineers or other consultants on public works projects, including the design of roads, drainage, trails; conducts inspections for compliance with City and other requirements; o Oversees and implements the City’s Storm Water Pollution Prevention Program; o Inspects field operations to determine work progress, changing priorities, problems and material and equipment needs; o Prepares and analyzes bid specifications for large purchases or obtains bids and quotes in accordance with policies; purchases equipment & supplies in accordance with budget and maintains related expenditure, inventory and asset records; o Attends relevant training to keep current on required knowledge areas and skills. • Establishes operating policies, practices, procedures, and controls required to manage the City’s public works infrastructure including, but not limited to: strategic planning, engineering, street/water/sewer/park infrastructure, management of private development initiatives, major City projects, and acting as a liaison with private enterprises and other units of government. o Leads the development of strategic planning for the department; o Adopts goals and objectives to sustain infrastructure services that are essential to the community; o Plans projects and actions to design, redesign, repair, or replace City infrastructure; o Plans for short- and long-term maintenance and repair work, developing a variety of maintenance programs; ensures resources are efficiently and effectively used; schedules work efficiently and maintains records for reporting and decision making purposes; o Develops departmental policies and procedures and makes recommendations to Administrator as needed; o Informs the Council, City Administrator, management team, and other interested parties on project status as necessary. • Receives and follows up on citizen inquiries, concerns and complaints in a timely and thorough manner. o Represents the City of Corcoran in a tactful manner that commands respect of the public, contractors, developers, and others; o Reliable information is provided to citizens and sensitive issues or disputes are resolved in a professional manner that considers the interests of property owners and the City; o Site visits and investigations result in reasonable decisions that clearly establish the City's or property owner's responsibility for an answer or solution. • Reviews various applications including land use, driveway access, grading, etc. and provides detailed responses as necessary. o Monitors time of reviews and bills projects per the City’s fee schedule; o Completes feasibility studies for transportation, utilities, and stormwater; o Collaborates with planning, public safety, and other relevant departments; o Involves consultant engineering staff as necessary for support; PUBLIC WORKS DIRECTOR ©City of Corcoran 2017 3 o Prepares and presents clear reports on public works related items to the City Council, Administrator, Planning Commission, Parks and Trails Commission, and Elm Creek Watershed Commission, assuring that proposals are complete and adequate information is available to make proper decisions, attends Council meetings as needed; o Provides technical support to Elm Creek Watershed Commissioner. • Participates in preparing and administering the department's operating and capital expense budgets. o Budget recommendations are timely, thorough, and well documented; o Activities are successfully accomplished within approved budget parameters; • Performs other duties and activities as assigned. Minimum Qualifications: Bachelor’s Degree in Civil Engineering Technology or a related field and five or more years of progressively responsible experience in operation, maintenance, equipment repair, surveying, engineering, and administration directly related to a municipal Public Works Department and related divisions; additional years of experience with an applicable Associate’s Degree may be substituted for a Bachelor’s Degree. Additional required qualifications includes previous supervisory experience Class D water license, and Class D wastewater collection system license (or ability to obtain after employment).. Additional training post-hire may be required. Desired Qualifications: Master’s Degree in Civil Engineering, Public Administration or related field and/or certification as a Professional Engineer; 10 or more years of progressively responsible experience in all phases of public works functions including experience in a municipal or government setting; five years of experience as a supervisor, superintendent, director (or other equivalent title and responsibility) of public works functions. Knowledge, Skills and Abilities Required for Successful Job Performance: • Knowledge of equipment used by the department; ability to analyze and resolve problems; mechanical ability and knowledge of equipment troubleshooting and maintenance procedures; • Knowledge of civil engineering principals and road construction procedures; ability to read engineering drawings and to use specialized equipment to read elevations and locate boundaries and right-of-ways; • Knowledge of materials, methods, & operations used in street, building, parks & ground maintenance; knowledge of materials testing requirements; • Knowledge of the functions and responsibilities of City Departments, staff, and key community members; PUBLIC WORKS DIRECTOR ©City of Corcoran 2017 4 • Knowledge of a personal computer and skill using Windows based word processing programs such as Microsoft, as well as experience and skill using software such as AutoCAD; • Ability to perform in a professional and courteous manner to requests from other staff members; ability to maintain a positive attitude toward work, the public, and coworkers; ability to be public service oriented with tactful and effective conflict resolution skills; • Ability to establish and maintain effective and respected working relationships with the Mayor and City Council, City Administrator, department heads, employees, and the public; • The ability to work independently and to prioritize work requests; • Knowledge of traffic laws, ordinances, and regulations involved in equipment operation; • Knowledge of water distribution and wastewater collection; ability to read control panels, meters and gauges, to be able to detect when problems are occurring, and respond appropriately; • Knowledge of the occupational hazards and safety precautions necessary to perform manual and maintenance work; • Knowledge of the location of City streets, easements and alleys; • Knowledge of erosion control and conservation management practices; • Skill in coordinating the flow of information/communication between staff, consultants, City Administrator, Park Commission, and City Council, with the ability to effectively manage time and work to meet deadlines; • Ability to have a creative, inquiring and innovative manner willing to explore new approaches, implement new methods, and be receptive to suggestions of others; • Ability to operate a telephone or radio to communicate effectively with City staff, elected officials, state and county agencies and the public; • Ability to follow and give oral and written instructions; • Ability to perform mathematical calculations and to use a typewriter and computer; • Will have a high degree of integrity and a high sense of personal and professional ethics. Physical and Mental Requirements: The Public works Director is responsible for diverse matters, many of which have deadlines and require significant attention to detail. Approximately 25% of the time, work is performed at the highest level of detail and pressure of deadlines. The position frequently requires intense mental acuity and some decisions carry significant budget consequences. Work interruptions are frequent. While performing the duties of this job, the employee is regularly required to use hands to handle or feel objects, use tools or controls, talk and hear. The employee moves about regularly from office to field. The employee is occasionally required to stand; walk; reach with hands and arms; and stoop, kneel, crouch, crawl, climb, or twist. The employee must occasionally lift and/or move over 60 pounds. Working Conditions: Work is primarily in an office setting with regular visits to various sites and projects within the City. Physical effort ranges from light to heavy, with lifting, pushing, pulling or carrying up to 60 pounds intermittently. Heavier work may require use of a helper or power equipment. Lifting over 60 pounds without assistance is discouraged and should be a last resort. Field reviews/inspections may expose the job to a wide range of factors from extreme hot to extreme cold, wet or humidity. Incumbent must be PUBLIC WORKS DIRECTOR ©City of Corcoran 2017 5 able to work extended hours on an emergency basis and work unusual hours if required, either by direction or necessity. Some requirements in this job description may exclude individuals who pose a direct threat or significant risk to the health and safety of themselves or other employees. All requirements are subject to modification to reasonably accommodate individuals with disabilities. Requirements are representative of minimum levels of knowledge, skills, and experience required. To perform this job successfully, the worker must possess the abilities and aptitudes to perform each duty proficiently. This document does not create an employment contract, implied or otherwise, other than an "at will" employment relationship. The City Administrator retains the discretion to add duties or change the duties of this position at any time. Employee Signature and Date: _________________________________________________________________________ Supervisor and / or Department Head Signature and Date: ___________________________________________________ STAFF REPORT Agenda Item 11b. Council Meeting: March 23, 2017 Prepared By: Brad Martens Topic: City Council Strategic Goal Work Plan Action Required: Approval Summary: The City Council held goal setting sessions on the evenings of February 27th and 28th. The sessions included learning about the roles of Council/staff, a SWOT analysis, review of mission/vision/values, and a ranking exercise for organizational priorities. The discussion led to the following proposed priorities for the upcoming two years: • Retain and attract business (EDA, Chamber, etc.) • Pave a portion of a gravel collector road • Increase communication (social media, communication plan, etc.) • Increase opportunities for building rights • Address specific crime/drug issues to retain safe atmosphere At the direction of Council the staff has developed a proposed work plan to achieve the goals of the Council. It is requested the Council review the proposed work plan and consider approving. Financial/Budget: The priorities will drive budgeting efforts for 2018. No specific funds have been directed to the priorities at this time. Alignment with Values: This item relates to the following adopted values: EXCELLENCE AND QUALITY IN THE DELIVERY OF SERVICES We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional, cost-effective, and friendly manner. FISCAL RESPONSIBILITY We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. OPEN AND HONEST COMMUNICATION We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. Options: 1. Approve the Strategic Goal Work Plan as presented. 2. Approve the Strategic Goal Work Plan with amendments. 3. Send back to staff for further review. Recommendation: Approve the Strategic Goal Work Plan as presented. Council Action: Consider a motion to approve the Strategic Goal Work Plan as presented. Attachments: 1. Draft Strategic Goal Work Plan City of Corcoran 2017-2018 Strategic Goal Work Plan 1 GOAL:Retain and Attract Businesses ASSIGNED TO:COMMENTS: City Council, City Administrator City Council TBD GOAL:Pave Gravel Collector Roads ASSIGNED TO:COMMENTS: City Council, City Administrator City Council, City Administrator City Council, City Engineer, City Administrator City Council, City Engineer, City Administrator City Administrator, City Engineer City Council City Council, City Administrator City Council Contractor, City Engineer Contractor, City Engineer GOAL:Increase Communication ASSIGNED TO:COMMENTS: City Council, City Administrator, City Clerk/Administrative Services Coordinator City Council City Council, City Clerk/Administrative Services Coordinator City Clerk/Administrative Services Coordinator January 31, 2018 Obtain bids; hold assessment hearing March 15, 2018 Order project; approve bids June 1, 2018 October 1, 2018 Discuss possible action steps to increase communication ( social media, communication plan, etc.) April 30, 2017 Implement action steps TBD Review financing and direct staff on resources available Select preferred section of road; order feasibility study May 31, 2017 June 30, 2017 Implement action steps July 1, 2017 ASSIGNMENT DEADLINE Select preferred action steps ASSIGNMENT DEADLINE Discuss possible action steps to retain and atract businesses (business retention/expansion program, EDA, etc.) April 30, 2017 Select preferred action steps May 31, 2017 ASSIGNMENT DEADLINE Finalize and approve assessment policy April 30, 2017 April 15, 2018 Review feasibility study; order staff to begin ROW acquisition July 31, 2017 Complete ROW acquisition December 31, 2017 May 31, 2017 Approve applicable polices, procedures, guidelines June 30, 2017 Hold improvement hearing; order plans and specifications Construction begins Substantial completion City of Corcoran 2017-2018 Strategic Goal Work Plan 2 GOAL:Increase Opportunities for Building Rights ASSIGNED TO:COMMENTS: City Administrator, City Planner City Council, City Administrator City Council GOAL:Address Specific Crime/Drug Issues to Retain Safe Atmosphere ASSIGNED TO:COMMENTS: Appoint one or two Council members to project committee City Council Project Committee (Director of Public Safety) City Council, Director of Public Safety Director of Public Safety, Police Lieutenant Director of Public Safety, Police Lieutenant DEADLINE Discuss possible action steps to increase building rights ASSIGNMENT Meet with Metropolitan Council; review applicable rules April 30, 2017 May 31, 2017 Implement action steps June 30, 2017 TBD Select preferred action steps Provide progress summaries as outlined in the action plan TBD Receive Council supported action plan June 30, 2017 Integrate supported options into operations according to action plan TBD ASSIGNMENT DEADLINE April 30,2017 Hold project committee meeting to develop action plan options May 31, 2017 STAFF REPORT Agenda Item 11c. Council Meeting: March 23, 2017 Prepared By: Brad Martens Topic: School District Lease Agreement Action Required: Approval Summary: In 2006, the City entered into a lease agreement with the Rockford School District in order to utilize school district property for recreational activities. This lease was for a ten year term ending December 31, 2016 with an option to extend. The lease also includes an early termination clause. The Rockford School District submitted to the City a letter dated December 18, 2015 to terminate the lease effective December 31, 2016 and not to extend. On December 18, 2015 staff requested an opportunity to discuss future lease options in early 2016. After several attempts, a meeting was held on December 16, 2016. At that meeting the Rockford School District informed then Mayor Guenthner and City Administrator Martens that the Rockford School District would be requesting compensation for use. No amount was requested at that meeting and the Rockford School District stated they would follow up with a request. On December 29, 2016 an email was received stating “Please consider a two year extension of our land use agreement for 2017 and 2018 as currently written. Only change would be an amount added of rent per year in the $5,000 - $7,000 range.” Since that time Corcoran staff has attempted to promote other options however the Rockford School District is adamant that use will not be allowed without the agreement as mentioned above or by renting each use individually. Staff has met with the Corcoran Athletic Association who is confident they do not have the revenue to pay for each individual use and assumes the Corcoran Soccer Association is in a similar position. Due to this firm position by the Rockford School District and the fast approaching baseball season, Corcoran is left in the position of either approving a lease agreement and paying a sum of $5,000 - $7,000 or forcing the Corcoran Athletic Association and Corcoran Soccer Association to cancel all 2017 programming. Staff will be attending the Monday, March 20th meeting of the Rockford School Board to state Corcoran’s position. Staff will be allowed three minutes as part of the public comment period and according to the Rockford School District “the board will not comment on your thoughts that evening”. An update will be provided to the Council at the meeting. Financial/Budget: The budget impact would be $5,000 - $7,000 and in unbudgeted. Additional budgeted impacts would continue as the City of Corcoran completes all maintenance for the fields (mowing, removing weeds, dragging fields, etc.). Alignment with Values: This item relates to the following adopted values: EXCELLENCE AND QUALITY IN THE DELIVERY OF SERVICES We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional, cost-effective, and friendly manner. FISCAL RESPONSIBILITY We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. OPEN AND HONEST COMMUNICATION We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. Options: 1. Authorize the Mayor and City Administrator to enter into a lease agreement with the Rockford School District for use of playing fields. 2. Send back to staff for further review. Recommendation: Authorize the Mayor and City Administrator to enter into a lease agreement with the Rockford School District for use of playing fields. Council Action: Consider a motion to authorize the Mayor and City Administrator to enter into a lease agreement with the Rockford School District for use of playing fields. Attachments: 1. Lease Termination Notice 2. Expired Lease I? C IVED JUN 3 u ZuG C_ REAL PROPERTY LEASE THIS LEASE is made and entered into by and between Independent School District No. 883, Rockford, (hereinafter "District "), and the City of Corcoran (hereinafter City "). FOR AND IN CONSIDERATION of the mutual covenants hereinafter provided and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, District does hereby lease to City the following described Property located in the City of Corcoran, Hennepin County, Minnesota: Legal description of property attached as Exhibit A] 1. Term. The term of this Lease shall be from the period commencing on January 1, 2006, and terminating on December 31, 2016`. The City shall have the right to renew and extend this Lease for an additional ten -year period by giving District written notice by at least 90 days before the termination of the Lease. This paragraph shall be subject to the conditions of paragraph 10 (Early Termination of Lease). 2. Use. City shall use the Property for recreational activities and other commonly associated purposes. Additionally, the City's use of the Property shall be consistent with District policies, except as otherwise stated in this Lease. The City shall not allow the use or possession of firearms on the Property at any time except for on -duty police officers. 3. District Priority. The parties agree to cooperate and provide opportunities for safe and enjoyable recreational activities on the Property. The District retains the priority right (primarily April 1 through May 31 and August 20 through October 31 of each year) to use the Property during the term of this Lease. The City anticipates primary use of the Property in June, July, and to August 20 of each year. The District and the City will cooperatively schedule activities on the Property and both the District and the City will cooperate and coordinate with the Corcoran Athletic Association, all parties working to assure there are no conflicts. 4. Maintenance. The City shall, at its own cost and without expense to District, keep and maintain the Property in good and safe order, condition and repair. The placement of equipment and maintenance shall be done in a manner not to unreasonably interfere with any use of the Property by either of the parties. The attached Exhibit B outlines City routine maintenance and shows improvements the City has made and the approximate cost to the City of the improvements and maintenance. 5. Improvements. The City will not make any alterations, repairs, additions or improvements to the Property without the prior written consent of the District. The City agrees to indemnify and save District free and harmless from any liability, loss, cost, damage or expense including reasonable attorney's fees incurred by reasons of any said alteration, repairs, additions or improvements. Any additions or improvements in or to the Property made by or on behalf of City become the property of the District at the termination of this Lease. This includes the permanent improvements and does not prevent the City from removing non - permanent items such as storage facilities, etc. District shall have the right to make changes to the Property, including the right to i) construct buildings on the Property for such purposes as District may deem appropriate, and (ii) enter the Property for the purpose of constructing and installing improvements on the Property. District shall make reasonable efforts to notify the City of any changes or improvements it intends to make to the Property and such changes or improvements should not be inconsistent with the City's right to use the Property under this Lease. The City and the District will negotiate repairs and maintenance of additional structures placed on the Property by the District at the time such structures are completed. 6. Right of First Refusal. In the event the District determines to sell the leased Property, and before the District accepts an offer, the City shall have the first right to purchase the Property and match the offer received by the District. 7. Signs. City agrees that no sign, placard or other advertising material shall be installed, repaired, replaced, erected, attached or affixed to any portion of the Property, without the express prior written consent of District. An existing sign may remain so long as, in the sole discretion of the District, the sign is in a clean, orderly, and unblemished condition. 8. Alcohol. The City shall not permit the sale or consumption of alcohol on the Property unless the appropriate special licenses are granted under State and local authority and unless the City provides the District with proof that the appropriate liquor liability insurance required under State law is in place. 9. Compliance with Laws. City shall not allow any unlawful occupation, business or trade to be conducted on the Property or any use to be made thereof contrary to any law, ordinance or regulation as aforesaid with respect thereto, and shall protect District and the Property against any tax, fee, or other charge or penalty imposed or levied against the Property on account of any failure to comply with any such law, ordinance or regulation. 10. Early Termination of Lease. Either party may terminate this Lease for any reason upon a one -year written notice to the other party. 11. Indemnification. City agrees to defend, indemnify and hold District harmless of any and all claims, demands and actions, and all reasonable costs and Page 2 of 5 expenses relating thereto (including reasonable attorneys' fees) arising out of or relating to City's actions, obligations or use of the Property under this Lease. District agrees to defend, indemnify and hold City harmless of any and all claims, demands and actions, and all reasonable costs and expenses relating thereto (including reasonable attorney's fees) arising out of or relating to the District's actions, obligations or use of the Property. 12. Assignment and Subletting. City shall not assign its rights under this Lease or sublet the Property. City may allow the Corcoran Athletic Association, DHL Soccer, and any other City approved organization of City approved event to use the Property as it sees fit, providing such use does not interfere with the District's priority rights to the Property. Scheduling shall be coordinated through the City by an appointed individual or appointed organization. 13. Insurance. City shall maintain general liability insurance in an amount of at least $1,000,000 that covers its use of the Property. The District shall be named as an additional insured" on any insurance maintained by the City that relates to the Property or its use. All insurance required to be maintained by City under this Lease shall be effected under valid and enforceable policies issued by a reputable insurance company or companies authorized to do business in the State of Minnesota. Upon the commencement of the Term, City shall deliver to District certificates of all insurance required to be maintained hereunder. Each policy required to be maintained by City hereunder shall, to the extent obtainable, contain an agreement by the insurer that such policy shall not be canceled without at least 10 days prior written notice to District and City. 14. Notices. Any notice herein required or permitted to be given or served by either party hereto upon the other, shall be deemed given or served in accordance with the provisions of this Lease if delivered by United States mail, postage prepaid, properly addressed to the other party at the address specified below. If to District: Superintendent Independent School District No. 883 Box 9 Rockford, MN 55373 -0009 If to City: Administrator City of Corcoran 8200 County Road 116 Corcoran, MN 55340 Either party may change the address and /or person to whom mailed notice is to be sent to it by giving to the other party 10 days written notice of the change. Page 3 of 5 15. Condemnation. If all or part of the Property shall be acquired by the right of condemnation or eminent domain, or sold to a condemning authority under threat of condemnation, then the Term shall cease and terminate as of the date of title vesting in such proceeding (or sale). In the event of any condemnation, taking or sale as aforesaid, whether whole or partial, District shall be entitled to the total award. 16. Captions. The paragraph headings incorporated in this Lease are for convenience only, are not a part of this Lease, and shall not be considered in the interpretation of this Lease. 17. Modifications. None of the covenants, provisions, terms or conditions of this Lease to be kept or performed by District or City shall be in any manner modified, waived or abandoned, except by written instrument duly signed and delivered by the District and City or by the party waiving such right, as the case may be. 18. Severability. If any term, condition or provision of this Lease or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder thereof and the application of such term, provision and condition to persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Lease and all terms, provisions and conditions hereof shall, in all other aspects, continue to be effective and to be complied with to the fullest extent permitted by law. 19. Binding Effect. All of the terms, covenants, provisions and conditions of this Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 20. Time of the Essence. Time is of the essence in this Lease, and of each and every covenant, term, condition and provision of this Lease. 21, Parties Bound. The covenants and conditions contained in this Lease shall apply to and bind the heirs, successors, executors, administrators, and assigns of all of the parties to this Lease. 22. Relationship. This Lease does not create the relationship of principal and agent of partnership or of joint venture or of any association between District and City, the sole relationship between District and City being that of landlord and tenant. 23. Construction of Lease. It is agreed that this Lease shall be governed by, construed, and enforced in accordance with the laws of the State of Minnesota. Page 4 of 5 24. Entire Agreement. This Lease shall constitute the entire agreement between the parties. Any prior understanding or representation of any kind preceding the date of this Lease shall not be binding upon either party except to the extent incorporated in this Lease. IN WITNESS WHEREOF, the parties hereto have executed this Lease. INDEPENDENT SCHOOL DISTRICT NO. 883, ROCKFORD By: ` Date: 6z2,7 Its: Board Chair By: c4 CLI du L 1 Its: Board Clerk CITY OF CORCORAN Its: Mayor Its: Administrator RRM: 90789 Page 5 of 5 Date: `d7 '-a6 Date: 7 r b6 Date: 7- le- e,6 Rockford Independent School District 9833 Parcel Identification No. 23- 119 -23 34 0001, Legally Described as: Addition No. 54023, Metes & Bounds Description (if applicable) COM AT SE COR OF SW 1/4 TH W TO SE COR OF W 1/2 OF SW 1/4 OF SE 1/4 OF SW 1/4 TH N TO NE COR THOF TH W TO W LINE OF E 1/2 OF SW 1/4 TH N TO A PT 46 FT 11 INCHS S ROM NW COB THOF TH E TO CTR LINE OF CO RD NO 10 TH SELY ALONG SAID CTR LINE TO E LINE OF SW 1/4 TH S TO BEG EX ROADS OUTLINE OF WORK PERFORMED ON ROCKFORD SCHOOL DISTRICT PROPERTY BY THE CITY OF CORCORAN IMPROVEMENTS Tiled ball fields Installed warning tracks Installed maintenance road Hauled in material and leveled field 43 Installed fences Seeded grass Ag lime fields ROUTINE MAINTENANCE Ongoing repairs to fencing & backstops Grounds maintenance mowing / weed whipping aerate sod o fertilize Drag ball fields Grade parking lot Refuse removal Labor Costs Incurred by City Annuatiy for Routine Maintenance Average use of fields /grounds per year = 20 weeks) Ground Maintenance = $11,466.00 Avg 4.5 hours/week x4 employees x 20 weeks = ( *$31.85 x 4.5 hrs) x4 = $573.30x 20 = $11,466.00 Drag Ball Fields Daily = $3,185.00 Avg 1 hr x 100 days = $31.85 x 100 lirs = $3,185.00 Refuse Removal = $637.00 Avg 1 hr/ week = $31.55 x 20 weeks = $637.00 Grade Parking Lot = $63.70 Avg 2 hours twice a year = $31.85 x 2 l s = $63.70 Other Direct Costs Porta Pottie = $141.68 Per Invoices Refuse Service = $163.94 109.30 month (1/3 allocation) = $36.43 x 4.5 months = $163.94 Total Annual Labor and Direct Cosh = $15,657.32 This analysis does not include any supplies or materials S31.85— average ravage /benefls paid to public vrorks emplovees 4,b,, The City Council’s support The trucking community interest and feedback Our local businesses and sponsors Public Works Department Employees at City Hall Police Department Volunteers STAFF REPORT Agenda Item. 11d. Council Meeting: March 23rd, 2017 Prepared By: Lieutenant Ryan Burns Topic: 2017 Truck Safety Seminar Action Required: Approval Summary: Corcoran Police held its 10th Annual Truck Safety Seminar, March 2nd, 2017. The location at Corcoran Public Works facility proved to be the perfect venue to host the training event. Approximately 225 participants spent a half-day with representatives from the Corcoran Police Department, Corcoran Public Works and Minnesota State Patrol. After the seminar, the attendees were treated to a complimentary lunch. In addition, each attendee received safety apparel traffic vests, gloves, eye protection and first aid kits. In reviewing the attendee’s comments and evaluations, there is strong desire to continue this safety training for our 11th Annual Truck Safety Seminar, March, 2018. The success of this program is a direct reflection from; Financial/Budget: No budget Impact. 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 City of Corcoran Resolution 2017-12 2) Deny City of Corcoran Resolution 2017-12 Recommendation: 1) Motion to approve, City of Corcoran Resolution 2017-12, approving the donations made to the City of Corcoran and these donations to be utilized for the Truck Safety Seminar program. Council Action: 1) Consider a Motion to approve, City of Corcoran Resolution 2017-12, approving the donations made to the City of Corcoran and these donations to be utilized for the Truck Safety Seminar program. Attachments: 1) 2017 Truck Safety Flyer City of Corcoran March 23, 2017 County of Hennepin State of Minnesota RESOLUTION NO. 2017-12 Page 1 of 2 Motion By: Seconded By: COMMENDATION OF TRUCK SAFETY SEMINAR AND APPROVAL OF DONATED FUNDS WHEREAS, the City of Corcoran supports the efforts of the Annual Truck Safety Seminar; and WHEREAS, Corcoran Public Works facility was the host site for 10th Annual Truck Safety Seminar held on March 2nd, 2017; and WHEREAS, Annual Truck Safety Seminar planning committee consisted of, Tim Mans – Mans Excavating, Inc., Mike Seibert – employee of Doboszenski & Sons, Inc., and Director Matt Gottschalk, Lieutenant Ryan Burns, Administrative Assistant Paula Steelman and members of the Corcoran Police Department, Supervisor Pat Meister and Public Works Staff, Code Compliance Official Mike Pritchard, the Minnesota State Patrol; and WHEREAS, the following donors have made a financial contribution to the City of Corcoran to be utilized in support of the Truck Safety Seminar program; Neumann's Enterprise, LLC $25.00 Gleason Century Farms $30.00 A-1 Outdoor Power $40.00 Ende Septic Service, LLC $50.00 Duane's Septic Service, LLC $50.00 Koch's Korner, LLC $50.00 Storman's $50.00 Corcoran Hamel Chiropractic, PA $70.00 Kothrade Sewer, Water & Excavating, Inc. $100.00 Satellite Shelters, Inc. $100.00 Super Swivels $100.00 Midstate Crane Service, Inc. $100.00 Kamida, Inc. $100.00 Lan-De-Con, Inc. $100.00 Zachman Insurance $100.00 Talberg Lawn & Landscape, Inc. $100.00 Headquarters Machine & Restoration $100.00 NAPA of Watertown $100.00 Beaudry Oil & Propane $100.00 Wind N Wood Farm $100.00 KD Landscaping $100.00 Gary Koehler and Associates $100.00 Nuss/Dan McEwan $100.00 Elmer J. Peterson Co. $125.00 Trueman Welters $150.00 Napa of Corcoran $150.00 Cutting Edge Property Management $150.00 City of Corcoran March 23, 2017 County of Hennepin State of Minnesota RESOLUTION NO. 2017-12 Page 2 of 2 Nodland Construction $150.00 Farmers State Bank of Hamel $150.00 Ebert Construction $200.00 Hassan Sand & Gravel, Inc. $200.00 Westside Wholesale Tire, Inc. $200.00 Eull Manufacturing Co., Inc. $200.00 Lano Equipment $200.00 Grove Nursery $200.00 Burschville Construction, Inc. $200.00 Designing Nature, Inc. $200.00 Bursch Brothers $200.00 Miller Trucking $250.00 Ess Brothers $300.00 Phil Majors/RMS Road Machinery & Supplies Co. $300.00 Corcoran Lions $500.00 Doboszenski & Sons, Inc. $500.00 Northwest Area JCs $500.00 RDO Equipment Company $600.00 Donations in kind; City of Hanover- Tables and Chairs, Riders Elite and JOTS Computers - Sound System, Ziegler CAT for Partial Catering, Mini Biffs – Indoor 3 Stall Portable Restroom. Volunteers – Cindy Mans, Donnie Mans, Larry Dalchow, Marcy Dalchow, John Ulfers and Ivan Waterworth. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Corcoran acknowledges the outstanding efforts by the truck safety planning committee, Corcoran Public Works as its host site and the generosity of all donors and graciously accepts the financial donations as listed above. VOTING AYE VOTING NAY 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 March, 2017. ________________________________ Ron Thomas - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk/Administrative Services Coordinator City of Corcoran 2017 City Council Schedule Agenda Item 12. April 13, 2017 (Open book meeting prior) Employee Recognition Jesse Olson and Duane Hochstetler – 10 Years of Service Financial Performance Report Annual Fire Department Reports o Loretto o Hanover o Rogers Petition for Paving – Sundance Road (from June 9, 2016 meeting) Review of Mission, Vision, Values Liquor Ordinance Amendment – Discuss options Market Study Garbage and Recycling Requirements for Haulers April 17, 2017 City Hall Open House – Comp Plan 5:30 pm – 7:30 pm April 20, 2017 Comp Plan Meeting – Big Picture Items April 27, 2017 Planning Project Update Code Compliance Report Hackamore Road/Steeple Chase Connection –Bid Review CHOL/IUP for Upholstery Business Action steps to retain and attract businesses May 11, 2017 Hackamore Road/Steeple Chase Connection – approve quote and project 2016 Surplus Allocation May 18, 2017 Comp Plan Meeting – Land Use/MUSA/Development Rights May 25, 2017 Employee Recognition Mike Pritchard – 5 Years of Service Planning Project Update Code Compliance Report STAFF REPORT Agenda Item 13. Council Meeting: March 23, 2017 Prepared By: Brad Martens Topic: City Council Liaison Calendar Action Required: Discussion Summary: At the March 9, 2017 City Council meeting staff was directed to amend the liaison schedule to stagger the meetings to avoid back to back attendance at meetings. It is requested that the City Council review the newly created schedule on the agenda. 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: 1. Provide staff direction on any changes to the Council liaison calendar. Recommendation: None Council Action: Provide staff direction on any changes to the Council liaison calendar. Attachments: None