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Home My WebLink About2021-01-27 CC Packet CITY OF CENTERVILLE CITY COUNCIL WORK SESSION REGULAR MEETING AGENDA Wednesday, January 27, 2021 5:00/6:30 p.m. Meeting available via Zoom Videoconferencing https://zoom.us/j/478824301 Meeting ID: 478 824 301 COUNCIL WORK SESSION (5:00 PM) CALL TO ORDER Roll Call AGENDA ITEMS Targeted Picketing Ordinance Televising Committee Meetings Council Retreat Topics COUNCIL MEETING (6:30 PM) CALL TO ORDER Roll Call PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA APPOINTMENTS/PRESENTATIONS Appointing Planning and Zoning Commissioners Appointing EDA Commissioner PUBLIC HEARING None APPROVAL OF MINUTES None CONSENT AGENDA January 27, 2021 (Check #33483-33519), City of Centerville Claims through 1640E-1644E) & Voided Check #33483, 33520-33522) Centennial Lake Police Department Claims through January 21, 2021 (Check #13600-13623), (E2021003-2021004) & Payroll (Check #13598-13599) Centennial Fire District Claims through January 26, 2021 (Check #8979-8994) & (E2021001) OLD BUSINESS None NEW BUSINESS Resolution #20-0XX Authorizing Execution of Contract for City Assessor Resolution #21-0XX Establishing City Revolving Loan and Grant Program COUNCIL/ADMINISTRATOR ANNOUNCEMENTS Administrator/Engineer Report (pg. ) Council Reports Lakso Anoka County Fire Protection Council Parks & Recreation Koski Fire Steering Committee Planning & Zoning Commission King Economic Development Authority North Metro Telecommunications Commission Mosher Economic Development Authority Police Governing Board Love Police Governing Board Fire Steering Committee Other Mayoral Reports ADJOURNMENT INFORMATIONAL MATERIAL None REMINDERS All Meetings via Zoom Videoconferencing at 6:30 PM unless otherwise noted o This will be a joint meeting of the P&Z, EDA and City Council Parks and Recreation Committee Fete des Lacs Committee - Wednesda CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: January 27, 2021 Administration/Legal WS 1 TITLE OF ISSUE: Targeted Picketing Ordinance BACKGROUND AND SUPPLEMENTAL INFORMATION: In the wake of this summer's civil unrest, our neighboring city of Hugo experienced some protests in residential neighborhoods. After these incidents, they enacted a "Targeted Picketing" ordinance. A copy of that ordinance is attached. The purpose of this work session item is to discuss the merits and risks associated with adopting the same or similar ordinance. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Discussion item only. SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Case Law example Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ Mark Statz From:Kurt Glaser <kurtglaser@glaserlaw.net> Sent:Wednesday, January 20, 2021 10:09 AM To:Darion Love; Jim Mork; Mark Statz Subject:Attorney - Client Protected Communication Attachments: State v. Castellano 506 N.W.2d 641 (Minn. App. 1993).pdf Caution:Thisemailoriginatedoutsideourorganization;pleaseusecaution. RE:TargetedResidentialPicketingOrdinance Gentlemen, Thanksfortherobustdiscussionyesterday.Ihaveattachedthedecisionfrom{ƷğƷĻǝ͵/ğƭƷĻƌƌğƓƚ wheretheMinnesota CourtofAppealsaffirmedtheconceptthataCityordinanceagainsttargetedresidentialpicketingcanbeconstitutional. Thecourt'sdiscussiontakesgreatpainstodefinethelawfulscopeofaresidentialpicketingordinance.IfCenterville adoptssuchanordinance,thatordinanceshouldbeusedasa'lastresort'becausetheuseofthisordinancemayhave theappearanceofsuppressinglawfulspeechandtheriskofimproperenforcementcanbecostly. Ilookforwardtodiscussingthisattheworkshop. Kurt _______________________________________________________________________________ KurtB.Glaser AttorneyAtLaw To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. 333WashingtonAvenueNorth 405UnionPlazaBuilding Minneapolis,Minnesota554011370 6122132425Direct 6123336513Main 1 State v. Castellano, 506 N.W.2d 641 (Minn. App. 1993) Page 641 Thomas W. Strahan, Minneapolis, for appellant. 506 N.W.2d 641 STATE of Minnesota, Respondent, Considered and decided by HUSPENI, P.J., v.and SCHUMACHER and KLAPHAKE, JJ. Leo CASTELLANO, Appellant. OPINION No. C4-93-356. Court of Appeals of Minnesota. HUSPENI, Judge. Sept. 28, 1993. Appellant, convicted of violating a township Page 643 ordinance that prohibits targeted residential picketing, facially challenges the constitutionality Syllabus by the Court of the ordinance on the grounds of overbreadth 1. A municipal targeted residential picketing and vagueness. We affirm. ordinance is a constitutionally valid time, place, FACTS or manner regulation of expression in a public forum if the ordinance is content-neutral, On August 24, 1991, approximately 20 men narrowly tailored to serve a significant and women were picketing in the area of 5758 government interest, and leaves open ample Meadowview Drive in the Town of White Bear. alternative channels of communication. Several of the individuals carried graphic signs depicting aborted fetuses. Thomas Webber, 2. A municipal targeted residential picketing Executive Director of Planned Parenthood of ordinance that defines targeted residential Minnesota, who resides at 5758 Meadowview picketing as an "activity focused on a single Drive, called the Ramsey County Sheriff's residential dwelling without the consent of the Department to report the noise and disruption dwelling's occupant" is not unconstitutionally caused by the protestors. overbroad under the First Amendment or Frisby v. Schultz, 487 U.S. 474, 108 S.Ct. 2495, 101 A sheriff deputy arrived at 5758 Meadowview L.Ed.2d 420 (1988), when activity is narrowly Drive and talked to Webber. Webber told the construed to mean solely "picketing activity." deputy that appellant Leo Castellano 3. A municipal targeted residential picketing Page 644 ordinance is not void for vagueness where the ordinance provides sufficient notice that all had stood directly in front of his residence for targeted residential picketing is prohibited approximately 30 minutes and shouted "Tom "without the consent of the dwelling's occupant." Webber in his hour of death" and "Pray for us The ordinance's consent provision provides a sinners now and in the hour of Tom Webber's defense to a municipality's prima facie case that hour of death" numerous times loudly enough to focused residential picketing violated the disrupt Webber and several other neighborhood ordinance. Under the ordinance, an "occupant" is residents. a person with a legal right to control or to possess the single residential dwelling. The deputies informed the group that they would be arrested if they continued to picket in Hubert H. Humphrey, III, Atty. Gen., Martin front of Webber's residence on Meadowview J. Costello, Hughes & Costello, St. Paul, John G. Drive. The protestors reluctantly dispersed after Dillon, Minneapolis, for respondent. the deputy told them he would not debate the legal issues involved and took photographs of the State v. Castellano, 506 N.W.2d 641 (Minn. App. 1993) graphic signs. Appellant, however, refused to N.W.2d 460, 464 (Minn.App.1990). The burden leave the area and stayed in front of Webber's of proving the need of such a law rests with the residence. He stated "I am not a part of the government. Id. (citing Meyer v. Grant, 486 U.S. group" and "\[t\]his is a public street." Appellant 414, 426, 108 S.Ct. 1886, 1894, 100 L.Ed.2d 425 then commenced marching in one place as though (1988)). he was walking but did not physically leave the I. Overbreadth street in the area in front of Webber's residence. Webber signed a certificate of arrest by private In the area of freedom of expression, it is citizen, and a deputy took appellant into custody well-established that an overbroad for violating the targeted residential picketing ordinance. See White Bear Township, Minn., Page 645 Ordinance No. 63. regulation may be subject to facial review and The trial court denied appellant's motion to invalidation even though the application in a dismiss and held that the ordinance was particular case may be constitutionally constitutional. Based on stipulated facts, the trial unobjectionable. Forsyth County, Ga. v. court adjudicated appellant guilty of violating Nationalist Movement, --- U.S. ----, ----, 112 S.Ct. Ordinance No. 63 and ordered him to pay a $60 2395, 2400-01, 120 L.Ed.2d 101 (1992). fine plus a surcharge. Permitting a facial challenge to allegedly overbroad legislation is an exception to general ISSUES standing principles. Broadrick v. Oklahoma, 413 U.S. 601, 615, 93 S.Ct. 2908, 2917, 37 L.Ed.2d 1. Is the Town of White Bear, Minn., 830 (1973). The exception is "based on an Ordinance No. 63 (1990), prohibiting targeted appreciation that the very existence of some residential picketing, facially unconstitutional on broadly written laws has the potential to chill the the grounds of overbreadth? expressive activity of others not before the court." 2. Is the Town of White Bear, Minn., Forsyth County, --- U.S. at ----, 112 S.Ct. at 2401. Ordinance No. 63 (1990), prohibiting targeted In order to invalidate a statute or ordinance residential picketing, facially unconstitutional on its face, the overbreadth not only must be real, under the void for vagueness doctrine? but "substantial." Board of Airport Comm'rs v. ANALYSISJews for Jesus, Inc., 482 U.S. 569, 574, 107 S.Ct. 2568, 2572, 96 L.Ed.2d 500 (1987). The At issue in this case is a municipal ordinance requirement that the overbreadth be substantial prohibiting focused, or targeted residential arose from the Court's recognition that striking an 1 picketing. The constitutionality of an ordinance ordinance on overbreadth grounds imposed is a question of law. See Hibbing Educ. Ass'n v. "manifestly, strong medicine." Id. (quoting Public Employment Relations Bd., 369 N.W.2d Broadrick, 413 U.S. at 613, 93 S.Ct. at 2916). The 527, 529 (Minn.1985) (construction of a statute is Court has required that there be a "realistic clearly a question of law fully reviewable by an danger that the statute itself will significantly appellate court); State v. Clarke Plumbing & compromise recognized First Amendment Heating, Inc., 238 Minn. 192, 197, 56 N.W.2d 667, protections of parties not before the Court" to 671 (1952) (whether an ordinance is facially challenge legislation on overbreadth constitutionally valid is a question of law). grounds. Members of City Council of Los Angeles Although ordinances are ordinarily afforded a v. Taxpayers for Vincent, 466 U.S. 789, 801, 104 presumption of constitutionality, ordinances S.Ct. 2118, 2126, 80 L.Ed.2d 772 (1984). restricting First Amendment rights are not so presumed. Goward v. City of Minneapolis, 456 State v. Castellano, 506 N.W.2d 641 (Minn. App. 1993) The United States Supreme Court addressed are narrowly tailored to serve a significant the facial constitutionality of an ordinance government interest, and leave open ample restricting residential picketing in Frisby v. alternative channels of communication. Schultz, 487 U.S. 474, 108 S.Ct. 2495, 101 L.Ed.2d Id. 420 (1988). In Frisby, the Court found constitutional a Brookfield, Wisconsin, ordinance Respondent argues that White Bear that provided: Ordinance No. 63 meets all the requirements of Frisby. Appellant, conversely, would have this It is unlawful for any person to engage in court find the White Bear ordinance picketing before or about the residence or unconstitutional because it does not, in fact, dwelling of any individual in the Town of satisfy the requirements of Frisby. We agree with Brookfield. respondent that White Bear Ordinance No. 63 is Id. at 477, 108 S.Ct. at 2498. The Brookfield facially constitutional under Frisby. However, we ordinance stated that its purpose was "the believe that Frisby compels us to narrowly protection and preservation of the home" through construe the White Bear Ordinance in order to assurance "that members of the community enjoy avoid constitutional overbreadth. We address in their homes and dwellings a feeling of well-each of the Frisby factors in turn. being, tranquility, and privacy." Id. According to Page 646 the Town of Brookfield, prohibiting residential picketing was necessary because such picketing A. Content Neutrality "causes emotional disturbance and distress to the occupants * * * \[and\] has as its object the In First Amendment time, place, or manner harassing of such occupants." Id. cases, the principal inquiry in determining whether legislation is content-neutral is "whether An ordinance restricting targeted residential the government has adopted a regulation of picketing "operates at the core of the First speech because of disagreement with the message Amendment" because it prohibits picketing on it conveys." Ward v. Rock Against Racism, 491 issues of public concern. Id. at 479, 108 S.Ct. at U.S. 781, 791, 109 S.Ct. 2746, 2754, 105 L.Ed.2d 2499. In Frisby, the Court stated that restrictions 661 (1989). An ordinance restricting expressive on public issue picketing are typically subject to activity is content-neutral so long as it is "justified careful scrutiny because of the importance of without reference to the content of the regulated "uninhibited, robust, and wide-open" debate on speech." Id. (quoting Clark v. Community for public issues. Id. (quoting New York Times Co. v. Creative Non-Violence, 468 U.S. 288, 293, 104 Sullivan, 376 U.S. 254, 270, 84 S.Ct. 710, 720-21, S.Ct. 3065, 3069, 82 L.Ed.2d 221 (1984)). 11 L.Ed.2d 686 (1964)). The Court specifically held that picketing on public streets is "the The Frisby Court accepted the determination archetype of a traditional public forum" and such of the lower courts that the Brookfield ordinance status is not lost because a public street runs was content-neutral. Frisby, 487 U.S. at 482, 108 through a residential area. Id. 487 U.S. at 480, S.Ct. at 2501. Appellant argues that Carey v. 108 S.Ct. at 2500. Although in a "quintessential Brown, 447 U.S. 455, 100 S.Ct. 2286, 65 L.Ed.2d public forum\[ \], the government may not prohibit 263 (1980) compels a conclusion that the White all communicative activity," Perry Educ. Ass'n v. Bear ordinance is not "content-neutral." We Perry Local Educators' Ass'n, 460 U.S. 37, 45, 103 disagree and find Carey distinguishable. In Carey S.Ct. 948, 955, 74 L.Ed.2d 794 (1983), the the regulation prohibited residential picketing government may except for peaceful picketing of a place of employment involved in a labor dispute. Id. at enforce regulations of the time, place, and 457, 100 S.Ct. at 2288. Because the regulation in manner of expression which are content-neutral, State v. Castellano, 506 N.W.2d 641 (Minn. App. 1993) Carey discriminated among speech-related S.Ct. at 2502. The Town of White Bear, in stating activities in a public forum based upon content, its substantial interest "in the protection of the Court considered whether the statute was residential privacy * * * and \[in\] protecting the finely tailored to serve a substantial state interest. well-being, tranquility, and privacy of the home Id. at 462-63, 100 S.Ct. at 2291. The Court which is * * * of the highest order in a free and determined that exempting labor picketing did civilized society," see Town of White Bear, Minn., not advance the state's asserted interest in Ordinance No. 63, § 2, parallels language of the protecting residential privacy, id. at 465, 100 S.Ct. Court in Carey, 447 U.S. at 471, 100 S.Ct. at 2296 at 2293, and struck the regulation as (the "State's interest in protecting the well-being, unconstitutional.tranquility, and privacy of the home is certainly of the highest order in a free and civilized society"). Appellant has presented no evidence that the Thus, the language of the White Bear Ordinance Town of White Bear discriminatorily enacted the meets fully the requirement that a valid ordinance specifically to suppress expression government interest be served by the regulation espousing opposition to abortion. To the contrary, of expression. the White Bear ordinance unequivocally prohibits all targeted residential picketing regardless of the C. Narrow in Scope content of speech and is, therefore, content In arguing that Ordinance No. 63 neutral. See Ward, 491 U.S. at 791, 109 S.Ct. at unconstitutionally sweeps too broadly, appellant 2754. essentially claims that the ordinance is not B. Valid Governmental Interestnarrow in scope. He raises two concerns: (1) the ordinance, in using the word "activity" in In Ordinance No. 63, the Town of White Bear describing targeted residential picketing, specifically states that it has an interest in protecting residential privacy. A similar Page 647 significant governmental interest was includes within the sweep of regulation activity acknowledged in Frisby, 487 U.S. at 484, 108 that is clearly protected by the First Amendment; S.Ct. at 2502. The Court has long recognized that: and (2) the ordinance, in prohibiting expression Preserving the sanctity of the home, the one unless the dwelling's "occupant" consents, retreat to which men and women can repair to extends beyond the protection of the unwilling escape from the tribulations of their daily listener. We believe each of these challenges must pursuits, is surely an important value. * * * The fail. State's interest in protecting the well-being, "A statute is narrowly tailored if it targets and tranquility, and privacy of the home is certainly of eliminates no more than the exact source of the the highest order in a free and civilized society. 'evil' it seeks to remedy." Frisby, 487 U.S. at 485, Carey, 447 U.S. at 471, 100 S.Ct. at 2295-96. 108 S.Ct. at 2503 (citing Taxpayers for Vincent, Because the home is "the last citadel of the tired, 466 U.S. at 808-810, 104 S.Ct. at 2130-32). Even the weary and the sick," Gregory v. City of a complete ban can be narrowly tailored if each Chicago, 394 U.S. 111, 125, 89 S.Ct. 946, 954, 22 activity within the proscription's scope is an L.Ed.2d 134 (1969) (Black, J., concurring), and is appropriately targeted evil. Id. "one retreat to which men and women can repair Frisby held that the Brookfield ordinance was to escape from the tribulations of their daily narrowly tailored despite its complete ban on pursuits," Carey, 447 U.S. at 471, 100 S.Ct. at focused residential picketing. The "evil" of 2295, the government may legislate to protect targeted residential picketing, the presence of an intrusion into the privacy of the home of unwelcome visitor at the home, which the unwilling listeners. Frisby, 487 U.S. at 484, 108 State v. Castellano, 506 N.W.2d 641 (Minn. App. 1993) ordinance sought to eliminate was "created by the distribution of materials to neighborhood medium of expression itself." Id. at 487, 108 S.Ct. residents, or solicitation by mail or in person. at 2504. Frisby noted that the Brookfield Appellant also argues that the White Bear ordinance was narrowly directed at the ordinance is not tailored narrowly enough to household, not the public, and thus distinguished 4 protect only unwilling listeners in cases which had struck down complete bans of communication such as handbilling, solicitation, Page 648 and marching, which communications were directed at broader residential areas. their homes, and that by extending protection to "occupants" rather than to "residents" the The type of picketers banned by the Brookfield ordinance is unconstitutionally overbroad and ordinance generally do not seek to disseminate a vitiates any possibility of narrow construction. We message to the general public, but to intrude upon disagree. We believe the word "occupant," as used the targeted resident, and to do so in an especially in the ordinance, has a narrower definition than offensive way. 5 appellant urges, and makes the White Bear ordinance no broader than the one held Id. at 486, 108 S.Ct. at 2503. constitutional in Frisby. The White Bear ordinance, like the Brookfield An "occupant" is a person "having possessory ordinance in Frisby, is "readily subject to a rights, who can control what goes on on narrowing construction that avoids constitutional premises." Black's Law Dictionary 1078 (6th ed. difficulties." See id. at 482, 108 S.Ct. at 2501. In 1990). Black's Law Dictionary also defines construing the Brookfield ordinance, the Court "occupant" as "\[o\]ne who has actual use, stated: possession or control of a thing." Id. Webster's \[T\]he use of the singular form of the words defines "occupant" as "residence" and "dwelling" suggests that the one who takes possession of something that has ordinance is intended to prohibit only picketing no other owner and thereby acquires title by focused on, and taking place in front of, a occupancy * * * one who takes possession under particular residence. * * * "Picketing," after all, is title, lease, or tenancy at will * * * one who defined as posting at a particular place, a occupies a particular place or premises \[such as a\] characterization in line with viewing the tenant \[or a\] resident. ordinance as limited to activity focused on a singular residence. Webster's Third New International Dictionary 1560 (1961). Similarly, an "occupant" Id. (emphasis added) (citing Webster's Third is New International Dictionary 1710 (1981) to define picketing as "posting at a particular one that occupies a position or place * * * one who place"). has certain legal rights to or control over the premises occupied. Similarly, Ordinance No. 63 was not intended 2 to circumscribe all "activity," but only activity American Heritage Dictionary of the English constituting picketing in the focused sense. We Language 1251 (3d ed. 1992). interpret the White Bear ordinance in a limited fashion to proscribe only "picketing activity" "Resident," on the other hand, means a focused on or taking place in front of a particular "dweller, habitant or occupant." Black's Law 3 single residential dwelling. See id. So narrowed, Dictionary 1309 (6th ed. 1990). Webster's defines the ordinance would not prohibit constitutional "resident" as "having an abode for a continued State v. Castellano, 506 N.W.2d 641 (Minn. App. 1993) length of time" or "one who resides in a place, one be persuaded to stay away. Such an individual who dwells in a place for a period of some would be just as much captive as if in the home duration." Webster's Third New International when the focused picketing commenced. See Dictionary 1931 (1961). "Resident" is also defined Frisby, 487 U.S. at 488, 108 S.Ct. at 2504. as "one who resides in a particular place The targeted picketing ordinance of the Town permanently or for an extended period." of White Bear is narrowly tailored to protect American Heritage Dictionary of the English unwilling occupants of a single residential Language 1535 (3d ed. 1992). dwelling. The ordinance eliminates no more than In view of the recognized definitions of the exact source of the "evil" it "resident" and "occupant," we believe that Page 649 "occupant," as used in the White Bear ordinance, means an individual with a legal right to possess seeks to remedy. See id. at 485, 108 S.Ct. at 2503. or to control the single residential dwelling. A guest, visitor, or contractor would not come D. Alternative Means of Expression within the definition of "occupant" because those persons would not have some legal right to The Frisby Court, after narrowly construing possess or control the residence. Whether the the Brookfield, Wisconsin, ordinance "to prohibit ordinance used "resident" or "occupant," its only picketing focused on, or taking place in front protection would extend to those other than a fee of, a particular residence," id. at 482, 108 S.Ct. at owner and would cover those who had some legal 2501, had no difficulty in determining that the right to possess or control the residence. ordinance left open alternative channels of communication. The Court held that the Our interpretation of "occupant" as one who ordinance did not prohibit general marching has some legal right to possess or control the through neighborhoods, walking a route in front premises answers, we believe, appellant's of an entire block of houses, or distributing concerns that the White Bear ordinance is not literature door-to-door or through the mail. Id. at narrowly enough drafted to protect only 483, 108 S.Ct. at 2502. "unwilling" listeners. The words "unless the occupant consents" inform the potential We agree with the Town of White Bear that defendant that one not having the status of an Ordinance No. 63 permits general dissemination "occupant," even though that one be a "willing" of ideas protected by the First Amendment. listener, has no power to consent. Because the prohibition is limited to targeted picketing focused on and taking place in front of a We also reject appellant's argument that the single residential dwelling, picketers may enter, ordinance is overbroad because it would be alone or in groups, residential White Bear violated regardless of whether the occupant was neighborhoods, march the public streets, home. Whether or not an occupant is home, the distribute literature, and go door-to-door to government has an interest in prohibiting proselytize their views. Sufficient alternative targeted residential picketing that invades the channels of communication remain open under sanctity of the home. To somehow justify the Ordinance No. 63, as fully as they did under the intrusion simply because the resident is not home Brookfield, Wisconsin, ordinance found to be would be to say that the "evil" of targeted constitutional in Frisby. See id. residential picketing only results if someone is home. Although we recognize that the ordinance In summary, the Town of White Bear has is intended to protect residential privacy and demonstrated the need for Ordinance No. 63. See recipients unwilling to receive the Goward, 456 N.W.2d at 464. The ordinance is communication, an occupant returning home to content-neutral, narrowly tailored to promote a find picketers focused on his or her home might State v. Castellano, 506 N.W.2d 641 (Minn. App. 1993) significant government interest, and leaves open facie showing of a violation of the ordinance. The alternative means of communication. See Perry, ordinance, therefore, does not give the 460 U.S. at 45, 103 S.Ct. at 955. Neither the government unbridled discretion to arbitrarily or selection of the word "occupant" nor the concept discriminatorily enforce the ordinance. See id. of "activity" as narrowly construed here causes Ordinance No. 63 provides fair notice that all the ordinance to be substantively overbroad targeted residential picketing is prohibited. The under Broadrick. Under Frisby, White Bear ordinance is not void for vagueness. Ordinance No. 63 is a facially constitutional DECISION governmental regulation of the time, place or manner of speech. Town of White Bear, Minn., Ordinance No. 63 is facially constitutional. II. Affirmed. Finally, appellant contends that Town of White Bear Ordinance No. 63 is void for --------------- vagueness. We disagree. The void-for-vagueness doctrine, based upon due process, 1 In 1990, the Town of White Bear enacted an ordinance regulating targeted residential requires that a penal statute define the criminal picketing. The ordinance, in full, provided as offense with sufficient definiteness that ordinary follows: people can understand what conduct is prohibited and in a manner that does not encourage SECTION 1. DEFINITION. For the purpose of arbitrary and discriminatory enforcement. this Ordinance, "targeted residential picketing" means an activity focused on a single residential Kolender v. Lawson, 461 U.S. 352, 357, 103 dwelling without the consent of the dwelling's S.Ct. 1855, 1858, 75 L.Ed.2d 903 (1983). In the occupant. First Amendment context, the Court has "taken special care to insist on fair warning when a SECTION 2. TARGETED RESIDENTIAL statute regulates expression." Marks v. United PICKETING. The Town of White Bear has an States, 430 U.S. 188, 196, 97 S.Ct. 990, 995, 51 interest in the protection of residential privacy L.Ed.2d 260 (1977). within the Town of White Bear and protecting the well-being, tranquility and privacy of the home Here, the ordinance prohibits all targeted which is certainly of the highest order in a free residential picketing unless the occupant of a and civilized society. The Town Board of the Town single residential dwelling has consented. of White Bear further finds that, without resorting Although appellant attempts to argue the to targeted residential picketing, ample ordinance is vague because a picketer will never opportunities exist for those otherwise engaged in know if an occupant will object to the content of targeted residential picketing to exercise the message, the language of the ordinance is constitutionally protected freedom of speech and clear and unambiguous. Because of the particular expression. intrusiveness that results from targeted residential picketing, such picketing is presumed SECTION 3. PROHIBITED. No person shall to be without the consent of the occupant and the engage in targeted residential picketing within the ordinance sufficiently gives notice to picketers Town of White Bear. that focused picketing on a residence is prohibited under the law. See Kolender, 461 U.S. at 357, 103 SECTION 4. PENALTY. Every person convicted of S.Ct. at 1858. Should an occupant consent to the a violation of any provision of this Ordinance picketers' presence before his or her residence, shall be punished as provided in Ordinance No. the municipality will be unable to make a prima 26. State v. Castellano, 506 N.W.2d 641 (Minn. App. 1993) SECTION 5. SEVERABILITY. Should any section, that it drafted Ordinance No. 63 mindful of subdivision, clause, or other provision of this Justice Stevens' concern. Ordinance be held to be invalid by any court of 5 Appellant argues that the ordinance's use of competent jurisdiction, such decision shall not "occupant" extends its protection to visitors, affect the validity of the Ordinance as a whole, or guests, or even contractors working in a single any part thereof, other than the part held to be residential dwelling and other individuals who invalid. have a "substantially lessened privacy interest." SECTION 6. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its passage and publication. Town of White Bear, Minn., Ordinance No. 63 (1990). 2 "Activity" is defined as a "specified pursuit in which a person partakes." American Heritage Dictionary of the English Language 18 (3d ed. 1992). In Frisby, after construing the Brookfield ordinance to limit picketing focused on a particular residence, the Court noted that its construction was "in line with viewing the ordinance as limited to activity focused on a single residence." Frisby, 487 U.S. at 482, 108 S.Ct. at 2501 (emphasis added). 3 We believe that implicitly the ordinance requires that the dwelling be used for residential, not business or other pecuniary, purposes when the picketing occurs. The ordinance expressly states that it is intended to protect residential privacy. In Town of Barrington v. Blake, 568 A.2d 1015 (R.I.1990), the Rhode Island court applied Frisby and held constitutional a targeted residential picketing ordinance which prohibited picketing taking place in front of or adjacent to property used for residential purposes "except where such picketing relates to a use or activity being carried on within such property." Id. 568 A.2d at 1017-18. The court noted that the exemption narrowed the scope of the Barrington ordinance beyond Frisby. Id. 568 A.2d at 1021. 4 A dissent in Frisby noted that the plain language of the Brookfield ordinance applied to communications "to willing and indifferent recipients as well as to the unwilling." Frisby, 487 U.S. at 497, 108 S.Ct. at 2509 (Stevens, J., dissenting). The Town of White Bear represents CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: January 27, 2021 Administration WS 2 TITLE OF ISSUE: Televising of Committee Meetings BACKGROUND AND SUPPLEMENTAL INFORMATION: In 2021, the North Metro Telecommunications Commission has begun has offering the services of their staff to televise all city Committee meetings (EDA, P&Z, P&R). There is no additional charge for this service. They could also televise our City Council meetings at no charge. Prior to the pandemic, our committee meetings were not televised and out City Council meetings were done by city staff. We have found it advantageous for our city clerk to attend the meetings to keep her in the loop as to the actions of the council. She has also operated the camera system. Staff is recommending that we continue to have our city clerk operate the camera system for Council meetings, but if the Council wishes to have other meetings broadcast, it may be best to utilize NMTV staff. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Discussion item only. SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: January 27, 2021 Administration IV.1 TITLE OF ISSUE: Appointing Planning and Zoning Commissioners BACKGROUND AND SUPPLEMENTAL INFORMATION: The Planning and Zoning Commission will meet on January 26 to interview three candidates for the two open positions on their board. Their recommendation will be presented to the Council at the meeting. Applications for appointment from the candidates are attached to this packet. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to appoint ______________ and _________________ to the City's Planning and Zoning Commission. SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Applications Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE APPLICATION FOR APPOINTMENT Economic Development P&Z CommitteeCommission applying for: DavidKubat NAME: 1833OldMillCourt STREET ADDRESS: Centerville55038 CITY:, MN ZIP CODE: (612)255-1387 (952)201-9358 HOME TELEPHONE:WORK TELEPHONE: NAdkubat@zimmigration.com FAX:EMAIL ADDRESS: <1 Number of years a Centerville Resident?: Number of years Centerville Business Owner?: No Are you presently serving on a Centerville Committee or Commission?: Which One?: Term?: No Have you served on a Centerville Committee or Commission in the past?: Which One?: Term?: Which One?: Term?: What do you have to offer the City of Centerville as a Committee or Commission Although I am a recent arrival to Centerville (Aug 2020), I am a lifelong member?: resident of the Twin Cities area. My wife and our two kids are looking to put down deep roots in Centerville and I think I have a diverse skillset and background that would be P&Z Commission. of value to the EDA. Experience or Education that would enhance your effectiveness as a Committee or BA - University of MN (2007), JD (Hamline University School o Commission member?: Law (2013), Minnesota Army National Guard (2008-2020) (CPT, Military Intelligence), Board President, Bunkerview Homeowner's Association, Coon Rapids (2016) Digitally signed by David Kubat 1/18/2021 David Kubat Date: 2021.01.18 11:08:14 -06'00' Signature: Date: City Administrator Return to: City of Centerville 1880 Main Street Centerville, MN 55038 CITY OF CENTERVILLE APPLICATION FOR APPOINTMENT Planning and Zoning Committee CommitteeCommission applying for: Patrick Branch NAME: 1618 Hunters Ridge Lane STREET ADDRESS: Centerville55038 CITY: , MN ZIP CODE: 703-501-6815none HOME TELEPHONE: WORK TELEPHONE: noneP2branch@gmail.com FAX: EMAIL ADDRESS: 13 Number of years a Centerville Resident?: Number of years Centerville Business 0 Owner?: officially - No Are you presently serving on a Centerville Committee or Commission?: Fete des LacsOpen Which One?: Term?: Yes Have you served on a Centerville Committee or Commission in the past?: Parks and Rec2008 -2015 Which One?: Term?: Which One?: Term?: What do you have to offer the City of Centerville as a Committee or Commission member?: Concerned Resident Experience or Education that would enhance your effectiveness as a Committee or Commission member?: 7 Years on Parks and Rec Committee, 5 years as Chairperson 15 years on contract to U.S. Department of Defense working planning and budgeting issue Signature: Date: City Administrator Return to: City of Centerville 1880 Main Street Centerville, MN 55038 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: January 27, 2021 Administration IV.2 TITLE OF ISSUE: Appointing Economic Development Authority Commissioner BACKGROUND AND SUPPLEMENTAL INFORMATION: The Economic Development Authority met on January 20 and interviewed two candidates for the open position on their board. After much deliberation on the merits of two very worth candidates, the EDA voted 4-0 to recommend the appointment of Mr. Mark Remillard. Mr. Remillard has an educational background in business and owns a business in Centerville. The applications of both candidates are attached. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to appoint ______________ to the City's Economic Development Authority. SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Applications Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE APPLICATION FOR APPOINTMENT Economic Development CommitteeCommission applying for: DavidKubat NAME: 1833OldMillCourt STREET ADDRESS: Centerville55038 CITY:, MN ZIP CODE: (612)255-1387 (952)201-9358 HOME TELEPHONE:WORK TELEPHONE: NAdkubat@zimmigration.com FAX:EMAIL ADDRESS: <1 Number of years a Centerville Resident?: Number of years Centerville Business Owner?: No Are you presently serving on a Centerville Committee or Commission?: Which One?: Term?: No Have you served on a Centerville Committee or Commission in the past?: Which One?: Term?: Which One?: Term?: What do you have to offer the City of Centerville as a Committee or Commission Although I am a recent arrival to Centerville (Aug 2020), I am a lifelong member?: resident of the Twin Cities area. My wife and our two kids are looking to put down deep roots in Centerville and I think I have a diverse skillset and background that would be of value to the EDA. Experience or Education that would enhance your effectiveness as a Committee or BA - University of MN (2007), JD (Hamline University School o Commission member?: Law (2013), Minnesota Army National Guard (2008-2020) (CPT, Military Intelligence), Board President, Bunkerview Homeowner's Association, Coon Rapids (2016) Digitally signed by David Kubat 1/18/2021 David Kubat Date: 2021.01.18 11:08:14 -06'00' Signature: Date: City Administrator Return to: City of Centerville 1880 Main Street Centerville, MN 55038 01/22/21 12:12 PM CITY OF CENTERVILLE Page 1 Check Detail - January 27, 2021 Check DateCheck #Vender NameCommentsAmount 11/15/2021001640EMINNESOTA DEPT OF REVENUE2021 - DEC. SALES TAX ON COMM WATER$135.00 11/15/2021001640EMINNESOTA DEPT OF REVENUE2021 - DEC. SOLID WASTE TAX ON GARBAGE$1,641.00 Check Nbr 001640 MINNESOTA DEPT OF REVENUE$1,776.00 11/20/2021001641EMINNESOTA DEPT OF REVENUESTATE W/H - PAY PERIOD 2$897.24 Check Nbr 001641 MINNESOTA DEPT OF REVENUE$897.24 11/25/2021001642EPERAPERA W/H - PAY PERIOD 2$3,663.00 Check Nbr 001642 PERA$3,663.00 11/25/2021001643EOPTUM BANK - H.S.A.H.S.A. W/H - PAY PERIOD 2$1,212.35 Check Nbr 001643 OPTUM BANK - H.S.A.$1,212.35 11/25/2021001644EIRS/EFTPSFED W/H - PAY PERIOD 2$2,745.12 11/25/2021001644EIRS/EFTPSFICA/MED W/H - PAY PERIOD 2$4,067.84 Check Nbr 001644 IRS/EFTPS$6,812.96 11/13/2021033483 TITLE WERKS, LLC.REPLACEMENT CHECK LOST CHECK - FOR OVER PAYMENT ON-$135.00 Check Nbr 033483 TITLE WERKS, LLC.-$135.00 11/27/2021033487 AFLACDEC. 2020 AFLAC$282.68 Check Nbr 033487 AFLAC$282.68 11/27/2021033488 ANCONA TITLE & ESCROW2118 WILLOW CIR. OVER PD FINAL UT BILL$55.98 Check Nbr 033488 ANCONA TITLE & ESCROW$55.98 11/27/2021033489 ANOKA COUNTY TREASURYJAN. 2021 BROADBAND$37.50 11/27/2021033489 ANOKA COUNTY TREASURYJAN. 2021 BROADBAND$37.50 11/27/2021033489 ANOKA COUNTY TREASURYJAN. 2021 BROADBAND$37.50 Check Nbr 033489 ANOKA COUNTY TREASURY$112.50 11/27/2021033490 BREDEMUS HARDWARD COMPANY INC.INSTALLATION & DOOR FOR CHEMICAL ROOM$4,810.22 Check Nbr 033490 BREDEMUS HARDWARD COMPANY INC.$4,810.22 11/27/2021033491 BURNET TITLE**6926 PHEASANT LANE - REFUND OVER PD FINAL UT BILL$30.09 Check Nbr 033491 BURNET TITLE**$30.09 11/27/2021033492 CANON FINANCIAL SERVICES INC.P.W. COPIER MAINT AGREE - SERV THRU JAN. 2021$33.13 Check Nbr 033492 CANON FINANCIAL SERVICES INC.$33.13 11/27/2021033493 CENTENNIAL FIRE DISTRICT1ST QTR 2021 FIRE SERVICES$74,599.00 Check Nbr 033493 CENTENNIAL FIRE DISTRICT$74,599.00 11/27/2021033494 CENTENNIAL LAKES POLICE DEPTJANUARY 2021 POLICE CONTRACT$70,832.83 Check Nbr 033494 CENTENNIAL LAKES POLICE DEPT$70,832.83 11/27/2021033495 CENTERPOINT ENERGY6970 LAMOTTE DR - SERV THRU 12-28-20$164.69 11/27/2021033495 CENTERPOINT ENERGY1880 MAIN ST - SERV THRU 12-28-20$686.10 11/27/2021033495 CENTERPOINT ENERGY1785 PELTIER LAKE DR - SERV THRU 12-28-20$27.88 11/27/2021033495 CENTERPOINT ENERGY2085 W CEDAR ST - SERV THRU 12-28-20$890.30 11/27/2021033495 CENTERPOINT ENERGY6970 LAMOTTE DR - SERV THRU 8-27-20 - CK LOST IN MAIL$27.32 11/27/2021033495 CENTERPOINT ENERGY1880 MAIN ST - SERV THRU 8-27-20 - CK LOST IN MAIL$75.01 11/27/2021033495 CENTERPOINT ENERGY1785 PELTIER LAKE DR - SERV THRU 8-27-20 - CK LOST IN M$27.89 11/27/2021033495 CENTERPOINT ENERGY2085 W CEDAR ST - SERV THRU 8-27-20 - CK LOST IN MAIL$81.02 Check Nbr 033495 CENTERPOINT ENERGY$1,980.21 11/27/2021033496 CITY OF CIRCLE PINES2021 POLICE BLDG CONTRACT - FINAL PAYMENT$6,239.33 Check Nbr 033496 CITY OF CIRCLE PINES$6,239.33 11/27/2021033497 CITY OF ROSEVILLEIT SUPPORT SERVICES - THRU 1-31-21$592.88 11/27/2021033497 CITY OF ROSEVILLEIT SUPPORT SERVICES - THRU 1-31-21$592.89 11/27/2021033497 CITY OF ROSEVILLEIT SUPPORT SERVICES - THRU 1-31-21$592.89 11/27/2021033497 CITY OF ROSEVILLEIT SUPPORT SERVICES - THRU 1-31-21$592.89 Check Nbr 033497 CITY OF ROSEVILLE$2,371.55 11/27/2021033498 COMFORT PLUS HEATING & COOLINGICE RINK WARMING HOUSE - REPLACE EXHAUST MOTOR ASS$473.25 Check Nbr 033498 COMFORT PLUS HEATING & COOLING$473.25 11/27/2021033499 CONNEXUS ENERGY6800-20TH AVE - SCADA - SERV THRU 12-28-20$16.95 01/22/21 12:12 PM CITY OF CENTERVILLE Page 2 Check Detail - January 27, 2021 Check DateCheck #Vender NameCommentsAmount 11/27/2021033499 CONNEXUS ENERGY6800-20TH AVE - SCADA - SERV THRU 12-28-20$16.95 11/27/2021033499 CONNEXUS ENERGY6900-20TH AVE - LIFT STAT - SERV THRU 12-28-20$77.24 11/27/2021033499 CONNEXUS ENERGY7087-20TH AVE - WATER TOWER SERV THRU 12-28-20$148.63 11/27/2021033499 CONNEXUS ENERGY7100-20TH AVE N - TRAFSG - SERV THRU 12-28-20$83.11 11/27/2021033499 CONNEXUS ENERGYSTREET LIGHTS - 395653-219678 - SERV THRU 12-28-20$52.47 11/27/2021033499 CONNEXUS ENERGYSTREET LIGHTS - 395653-219699 - SERV THRU 12-28-20$64.68 Check Nbr 033499 CONNEXUS ENERGY$460.03 11/27/2021033500 CORE & MAINWATER METERS & PARTS$916.44 Check Nbr 033500 CORE & MAIN$916.44 11/27/2021033501 CORRPRO COMPANIESINSPECTION SERVICE ON 500,000 WATER TOWER$800.00 Check Nbr 033501 CORRPRO COMPANIES$800.00 11/27/2021033502 DELTA DENTALFEB. 2021 DENTAL INS.$449.95 Check Nbr 033502 DELTA DENTAL$449.95 11/27/2021033503 GOPHER STATE ONE CALL INC2021 ANNUAL FACILITY OPERATOR FEE$25.00 11/27/2021033503 GOPHER STATE ONE CALL INC2021 ANNUAL FACILITY OPERATOR FEE$25.00 Check Nbr 033503 GOPHER STATE ONE CALL INC$50.00 11/27/2021033504 IMAGE PRINTING & GRAPHICSBILLING SHEETS & ENVELOPES W/BULK STAMP FOR UTILITY $553.02 11/27/2021033504 IMAGE PRINTING & GRAPHICSBILLING SHEETS & ENVELOPES W/BULK STAMP FOR UTILITY $553.02 Check Nbr 033504 IMAGE PRINTING & GRAPHICS$1,106.04 11/27/2021033505 INTERNATIONAL UNION OF OPERATIJAN. 2021 UNION DUES$105.00 Check Nbr 033505 INTERNATIONAL UNION OF OPERATI$105.00 11/27/2021033506 LEAGUE OF MN CITIESD. MOSHER 2021 ELECTED LEADERS INSTITUTE FOUNDATIO$175.00 Check Nbr 033506 LEAGUE OF MN CITIES$175.00 11/27/2021033507 LINCOLN NATIONAL LIFE INSURANCLONG TERM DISABILTY - SERV THRU 2-28-21$304.64 Check Nbr 033507 LINCOLN NATIONAL LIFE INSURANC$304.64 11/27/2021033508 MET. COUNCIL ENV. SERV. (SDS)WASTEWATER SERVICE - SERV THRU 1-31-21$18,897.22 Check Nbr 033508 MET. COUNCIL ENV. SERV. (SDS)$18,897.22 11/27/2021033509 METRO CITIES2021 METRO CITIES MEMBERSHIP DUES$1,845.00 Check Nbr 033509 METRO CITIES$1,845.00 11/27/2021033510 MINNESOTA MUNICIPAL UTILITIES2021 WATER UTILITY MEMBERS DUES$332.00 Check Nbr 033510 MINNESOTA MUNICIPAL UTILITIES$332.00 11/27/2021033511 NATIONWIDE RETIREMENT SOLUTIONDEF COM W/H - PAY PERIOD 2 INCLUDING SHORTAGE FOR P$1,083.41 Check Nbr 033511 NATIONWIDE RETIREMENT SOLUTION$1,083.41 11/27/2021033512 NORTHLAND SECURITIES, INC.ANNUAL DISCLOSURE REPORT - YR END 12-31-19 & COUNTY $475.00 11/27/2021033512 NORTHLAND SECURITIES, INC.ANNUAL DISCLOSURE REPORT - YR END 12-31-19 & COUNTY $475.00 11/27/2021033512 NORTHLAND SECURITIES, INC.ANNUAL DISCLOSURE REPORT - YR END 12-31-19 & COUNTY $475.00 11/27/2021033512 NORTHLAND SECURITIES, INC.ANNUAL DISCLOSURE REPORT - YR END 12-31-19 & COUNTY$475.00 Check Nbr 033512 NORTHLAND SECURITIES, INC.$1,900.00 11/27/2021033513 PETERSON COMPANIES, INC.ADDN'L WORK FOR BAD WIRE PATH & MATERIALS - LAMOTTE$2,397.78 Check Nbr 033513 PETERSON COMPANIES, INC.$2,397.78 11/27/2021033514 REPUBLIC SERVICES, INC.GARBAGE SERVICES - THRU 12-31-20$16,603.91 11/27/2021033514 REPUBLIC SERVICES, INC.RECYCLING SERVICES - THRU 12-31-20$4,464.32 Check Nbr 033514 REPUBLIC SERVICES, INC.$21,068.23 11/27/2021033515 TWO MEN AND A TRUCKMOVING SERVICES ON 9-24-20 - 4 PERSON CREW W/ 1 TRUC$775.00 Check Nbr 033515 TWO MEN AND A TRUCK$775.00 11/27/2021033516 VARITECH INDUSTRIES, INCFLOAT VALVE ASSY FOR BRINE MAKER$23.63 Check Nbr 033516 VARITECH INDUSTRIES, INC$23.63 11/27/2021033517 VERIZONCELL PHONE - SERV THRU 1-9-21$52.13 11/27/2021033517 VERIZONCELL PHONE - SERV THRU 1-9-21$52.13 11/27/2021033517 VERIZONCELL PHONE - SERV THRU 1-9-21$52.13 11/27/2021033517 VERIZONCELL PHONE - SERV THRU 1-9-21$52.13 01/22/21 12:12 PM CITY OF CENTERVILLE Page 3 Check Detail - January 27, 2021 Check DateCheck #Vender NameCommentsAmount Check Nbr 033517 VERIZON$208.52 11/27/2021033518 XCEL ENERGY1745 MAIN ST - SERV THRU 01-5-21$19.32 11/27/2021033518 XCEL ENERGY1682 MAIN ST - SERV THRU 01-5-21$160.53 11/27/2021033518 XCEL ENERGY1601 LAMOTTE DR - SERV THRU 01-5-21$19.32 11/27/2021033518 XCEL ENERGY7098 CENTERVILLE RD - SERV THRU 1-5-21$19.32 11/27/2021033518 XCEL ENERGY6970 LAMOTTE DR - SERV THRU 1-5-21$475.77 11/27/2021033518 XCEL ENERGY1880 MAIN ST - SERV THRU 1-9-21$1,114.26 11/27/2021033518 XCEL ENERGY1880 MAIN ST - CITY HALL/FIRE STATION - SERV THRU 01-09$497.72 11/27/2021033518 XCEL ENERGY7285 MAIN ST - SERV THRU 1-5-21$57.84 11/27/2021033518 XCEL ENERGY1600 LAMOTTE DR - BALLFIELD LIGHTS - SERV THRU 1-5-21$189.08 11/27/2021033518 XCEL ENERGY1889 CENTER ST - SEWER LIFT - SERV THRU 01-7-21$32.70 11/27/2021033518 XCEL ENERGY7300 MILL RD - SERV THRU 1-5-20$169.65 11/27/2021033518 XCEL ENERGY1600 LAMOTTE DR - WARMING HOUSE - SERV THRU 1-5-21$51.17 11/27/2021033518 XCEL ENERGY1875 FOX RUN - PUMP - SERV THRU 1-5-21$170.20 11/27/2021033518 XCEL ENERGYSTREET LIGHTS - SERV THRU 1-5-21$2,057.64 Check Nbr 033518 XCEL ENERGY$5,034.52 11/27/2021033519 YAUCH, DOUGLAS & DOREEN7230 CLEAR RIDGE - REFUND OVER PD FINAL UT BILL$3.06 Check Nbr 033519 YAUCH, DOUGLAS & DOREEN$3.06 $233,982.79 CENTENNIAL LAKES POLICE DEPTCheck Register - POLICEPage: 1 Check Issue Dates: 1/15/2021 - 1/21/2021Jan 21, 2021 01:02PM Report Criteria: Report type: Summary Check NumberCheck Issue DatePayeeAmount 1361601/21/2021AMAZON141.35 1361701/21/2021ANOKA CO TREASURY OFFICE540.00 1361801/21/2021CENTURY LINK.48 1361901/21/2021CONNEXUS ENERGY2,141.65 1362001/21/2021DON'S CIRCLE SERVICE149.00 1362101/21/2021KENNEDY & GRAVEN, CHARTERED556.00 1362201/21/2021NAC1,200.00 1362301/21/2021OPTUM33.75 202100301/21/2021DEARBORN NATIONAL1,628.87 202100401/21/2021HEALTH PARTNERS10,927.02 Grand Totals: 17,318.12 M = Manual Check, V = Void Check CENTENNIAL LAKES POLICE DEPTCheck Register - POLICEPage: 1 Check Issue Dates: 1/8/2021 - 1/14/2021Jan 14, 2021 04:18PM Report Criteria: Report type: Summary Check NumberCheck Issue DatePayeeAmount 1360001/14/2021ANOKA CO TREASURY OFFICE75.00 1360101/14/2021BILLS GUN SHOP & RANGE NORTH160.67 1360201/14/2021CENTENNIAL UTILITIES707.88 1360301/14/2021CONSOLIDATED COMMUNICATIONS400.66 1360401/14/2021DELL MARKETING L.P.2,466.54 1360501/14/2021DON'S CIRCLE SERVICE828.98 1360601/14/2021E C S I, LLC613.82 1360701/14/2021HOLIDAY STATIONSTORES, LLC2,400.47 1360801/14/2021LEAGUE OF MN CITIES INS TRUST54,079.00 1360901/14/2021METRO SALES, INC71.42 1361001/14/2021MIDWAY FORD INC306.84 1361101/14/2021MY HOLDINGS INC168.00 1361201/14/2021OFFICE OF MN IT SERVICES40.60 1361301/14/2021CITY OF ROSEVILLE4,527.75 1361401/14/2021SHRED-N-GO, INC60.29 1361501/14/2021TRANSUNION RISK & ALTERNATIVE50.00 Grand Totals: 66,957.92 Payroll Checks #13598 - 13599 M = Manual Check, V = Void Check CENTENNIAL FIRE DISTRICTCheck Register - FIREPage: 1 Check Issue Dates: 1/13/2021 - 1/26/2021Jan 20, 2021 03:53PM Report Criteria: Report type: Summary Check NumberCheck Issue DatePayeeAmount 899001/26/2021ANOKA COUNTY112.50 899101/26/2021EMERGENCY APPARATUS MAINT, INC10,057.45 899201/26/2021THE LINCOLN NATL LIFE INS CO122.79 899301/26/2021MN STATE FIRE DEPT ASSOC495.00 899401/26/2021CITY OF ROSEVILLE1,436.15 Grand Totals: 12,223.89 M = Manual Check, V = Void Check CENTENNIAL FIRE DISTRICTCheck Register - FIREPage: 1 Check Issue Dates: 12/23/2020 - 1/12/2021Jan 12, 2021 10:31AM Report Criteria: Report type: Summary Check NumberCheck Issue DatePayeeAmount 897901/12/2021CAPSTONE3,399.90 898001/12/2021CENTENNIAL UTILITIES436.12 898101/12/2021FITCH & ASSOCIATES, LLC8,499.66 898201/12/2021FRATTALLONE'S HARDWARE STORE17.49 898301/12/2021MY ALARM CENTER, LLC123.60 898401/12/2021VERIZON WIRELESS58.80 202100101/12/2021US BANK1,387.70 Grand Totals: 13,923.27 M = Manual Check, V = Void Check Owner:City of Centerville, 1880 Main Street, Centerville, MN 55038Date:January 21, 2021 For Period: Request No:311/1/2020 to 1/21/2021 Contractor:Peterson Companies, Inc., 8326 Wyoming Trail Chisago City, MN 55013 CONTRACTOR'S REQUEST FOR PAYMENT LAMOTTE PARK IRRIGATION EXPANSION STANTEC PROJECT NO. 193804960 SUMMARY 1Original Contract Amount$142,595.00 2Change Order - Addition$7,080.00 3Change Order - Deduction$0.00 4Revised Contract Amount$149,675.00 5Value Completed to Date$147,785.00 6Material on Hand$0.00 7Amount Earned$147,785.00 8Less Retainage2%$2,955.70 9Subtotal$144,829.30 10Less Amount Paid Previously$119,073.95 11Liquidated damages -$0.00 12AMOUNT DUE THIS REQUEST FOR PAYMENT NO.3$25,755.35 Recommended for Approval by: STANTEC Ejhjubmmz!tjhofe!cz!Lfmmjf! Tdimfhfm! Ebuf;!3132/12/32!27;5:;38! .17(11( Approved by Contractor:Approved by Owner: PETERSON COMPANIES, INC.CITY OF CENTERVILLE. Specified Contract Completion Date:Date: 1/21/2021 193804960REQ3.xlsm ContractUnitCurrentQuantityAmount No. Item UnitQuantityPriceQuantityto Dateto Date BASE BID: MOBILIZATION 1LS1$7,850.000.101.00$7,850.00 TRAFFIC CONTROL 2LS1$2,050.000.101.00$2,050.00 IRRIGATION SYSTEM, COMPLETE - BASE BID 3LS1$68,885.000.201.00$68,885.00 IRRIGATION SLEEVE, DIRECTIONAL DRILLED 4LF80$30.00-42.0098.00$2,940.00 5EDUCATIONAL SIGNAGELS1$2,430.000.00$0.00 6FLOW METER ELECTRICALLS1$4,825.000.201.00$4,825.00 7LIGHTING AND RELATED ELECTRICALLS1$7,110.000.201.00$7,110.00 8RESTORATIONLS1$9,440.000.201.00$9,440.00 TOTAL BASE BID $103,100.00 ALTERNATE NO. 1 : IRRIGATION SYSTEM, COMPLETE - ALTERNATE NO. 1 9LS1$5,025.000.051.00$5,025.00 RESTORATION - ALTERNATE NO. 1 10LS1$1,360.000.201.00$1,360.00 TOTAL ALTERNATE 1 $6,385.00 ALTERNATE NO. 2: IRRIGATION SYSTEM, COMPLETE - ALTERNATE NO. 2 11LS1$26,495.000.051.00$26,495.00 RESTORATION - ALTERNATE NO. 2 12LS1$4,725.000.21.00$4,725.00 TOTAL ALTERNATE 2 $31,220.00 CHANGE ORDER NO. 1 PART A: SPRAY GUN REVISIONS 1.00($4,500.00) 1REMOVAL OF 1 LARGE SPRAY GUN AND VALVE FROMLS1($4,500.00) 0.201.00$4,675.00 2CONTRACTOR-SUPPLIED LARGE SPRAY GUN ANDLS1$4,675.00 $175.00 TOTAL PART A: SPRAY GUN REVISIONS PART B: CHURCH IRRIGATION REVISIONS 0.201.00$0.00 3REVISED IRRIGATION ON CHURCH/MCES PARCELSLS1$0.00 $0.00 TOTAL PART B: CHURCH IRRIGATION REVISIONS PART C: ADDITION OF FLOW SENSOR 0.201.00$4,670.00 4FLOW SENSOR AND ASSOCIATED WIRINGLS1$4,670.00 $4,670.00 TOTAL PART C: ADDITION OF FLOW SENSOR PART D: SW SPRAY GUN REVISIONS 1.00($385.00) 5CREDIT FOR 3" PIPE AND 4" SADDLELS1($385.00) 1.00$720.48 64" GATE VALVEEA1$720.48 76" SADDLEEA1$616.001.00$616.00 8ADDITIONAL PIPE SIZE AND LENGTHLS1$236.501.00$236.50 9ADDITIONAL WIRINGLS1$176.001.00$176.00 10ADDITIONAL LABORHR6$145.176.00$871.02 TOTAL PART D: SW SPRAY GUN REVISIONS $2,235.00 CHANGE ORDER NO. 1 SUMMARY PART A: SPRAY GUN REVISIONS$175.00 PART B: CHURCH IRRIGATION REVISIONS$0.00 PART C: ADDITION OF FLOW SENSOR$4,670.00 PART D: SW SPRAY GUN REVISIONS$2,235.00 TOTAL CHANGE ORDER NO. 1 $7,080.00 TOTAL BASE BID$103,100.00 TOTAL ALTERNATE NO. 1$6,385.00 TOTAL ALTERNATE NO. 2$31,220.00 TOTAL CHANGE ORDER NO. 1$7,080.00 TOTAL WORK COMPLETED TO DATE$147,785.00 193804960REQ2 PROJECT PAYMENT STATUS OWNERCITY OF CENTERVILLE STANTEC PROJECT NO. 193804960 CONTRACTORPETERSON COMPANIES, INC. CHANGE ORDERS No.DateDescriptionAmount 19/18/2020$7,080.00This Change Order provides for additional work on this project. See Change Order. Total Change Orders$7,080.00 PAYMENT SUMMARY No.FromToPaymentRetainageCompleted 108/01/202009/18/202023,195.201,220.8024,416.00 209/19/202010/30/202095,878.755,046.25100,925.00 311/01/202001/21/202125,755.352,955.70147,785.00 Total Payment to Date$144,829.30Original Contract$142,595.00 Retainage Pay No.3Change Orders$7,080.002,955.70 Total Amount EarnedRevis$147,785.00ed Contract$149,675.00 193804960REQ3.xlsm CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Department: Requested Council Meeting Date: Agenda Item # January 27, 2021 Administration TITLE OF ISSUE: Assessing Contract BACKGROUND AND SUPPLEMENTAL INFORMATION: City staff has been in discussions with several vendors regarding assessing services contracts. Our current assessor, Ken Tolzmann, is retiring and has decided to end his contract at the completion of its term on February 28, 2021. We have received two proposals - one from Anoka County and the other from Mary Wells. Staff recommends that the City Council accept the proposal from Mary Wells based on both cost and personal service considerations. The total cost of Ms. Wells' proposal is $4,000 lower and she and her staff will make appointments in the evenings when necessary. COST AND SOURCE(S) OF FUNDING: General Fund budgeted item REQUESTED COUNCIL ACTION: Adopt the resolution accepting the proposal from Mary Wells and authorizing the City Administrator to to negotiate a contract based on the proposal. SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Cost Comparison Other (specify) ____________ _____ _____ _____ _____ Contract Proposal Information from Both Vendors _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ ParcelsTotalCost AnokaCountyRate ImprovedResidential,SeasonalRecreational& $12.50137917,237.50$ Agricultural UnimprovedResidential,SeasonalRecreational& $4.50100450.00$ Agricultural Improved&UnimprovedCommercial,Industrial, $80.00655,200.00$ Apartments,MobileHomepark Exempt&Utility PersonalProperty(exceptcelltowersat commercialrate) $22,887.50 Total ParcelsTotalCost MaryWellsRate ImprovedResidential,SeasonalRecreational& $10.40137914,341.60$ Agricultural UnimprovedResidential,SeasonalRecreational& $4.65100465.00$ Agricultural Improved&UnimprovedCommercial,Industrial, $62.00654,030.00$ Apartments,MobileHomepark Exempt&Utility PersonalProperty(exceptcelltowersat commercialrate) $18,836.60 Total COUNTY OF ANOKA CITY OF CENTERVILLE Resolution # 21-____ A RESOLUTION AUTHORIZING AN ASSESSMENT CONTRACT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA WHEREAS, Ken Tolzmann, the current City Assessor, is retiring and has chosen to not renew his contract with the city; and WHEREAS, the City has requested proposals for service; and WHEREAS, the low proposal has been received from Mary Wells; and WHEREAS, City staff has determined that Ms. Wells has experience as City Assessor for other Anoka County cities and is well qualified for these duties; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Centerville, County of Anoka, State of Minnesota, the City hereby accepts the proposal from Mary Wells as identified in the attachments; and The City Administrator is authorized negotiate a contract with Ms. Wells based on those proposal terms. Passed and Adopted by the City of Centerville this 27th day of January, 2021. ________________________________________ Mayor, D. Love _________________________________ City Clerk, Teresa Bender AGREEMENT FOR ASSESSMENT SERVICES BETWEEN THE CITY OF CENTERVILLE AND MARY WELLS, SAMA AND CHRISTOPHER LARSON, CMA IQ IN THE CITY OF CENTERVILLE, MN This Agreement made and entered into this ______ day of ________________, 20____,by and between the City of Centerville,St Francis, MN 55070,a municipal corporations under the laws of Minnesota, hereinafter referred to aMary Wells, Senior Accredited Minnesota Assessor #3561, 3405 Edmar LaneNE, East Bethel, MN 55092,and Christopher Larson, Certified Minnesota Assessor Income Qualified #4040 , 3405 Edmar Lane NE, East Bethel, MN 55092hers WITNESSETH: WHEREAS, the City of Centerville,lying whollywithin Anoka County, Minnesota is a city constituting a separate assessment district; and WHEREAS, pursuant to Minnesota Statutes 273.05, the city assessor shall be appointed by the city council; and WHEREAS, it is the wish of the CentervilleCity Council to appointand Mary Wells and Christopher Larson, the CentervilleCity Assessors; and WHEREAS, it is the wish of Mary Wellsand Christopher Larsonto serve as the CentervilleCity Assessorsand to cooperate with the Municipality to perform fair and equitable assessments of the real property within the Municipality. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed as follows: 1.The effective period of this Agreement will be from March1, 2021to February 27, 2024unless earlier terminated as provided herein. 2.The City Assessors represents that they areresidentsof the State of Minnesota, possesses the knowledge and training in the field of property taxation necessary perform the duties of a local assessor, and is duly licensed to perform such duties in compliance with Minnesota Statutes 270.48 and Minnesota Department of Revenue Standards. 3.All real property within the geographical boundaries of Municipality will be assessed by the City Assessorsbeginning with the 2021assessmentwhich are for taxes payable 2022. 4.The duties of the CityAssessorswith be carried out consistently and in accordance with the provisions of Minnesota Statutes273.05, 273.064 and 273.08. 5.In consideration for said assessment services, the Municipality willpay the City Assessorsquarterly payments (unless earlier terminatedas herein provided) as follows: Њ a)!The first quarterly payment will be billed on March 1, 2021, the second on June 1, 2021, the third on September 1, 2021, and the fourth on December 1, 2021. b)!The parties understand that to accomplish the delivery of the assessments on or before February 1, 2022, all work specific to the generation of that assessment must be done prior to February 1, 2022; the same will be true for subsequent years assessments, i.e. all work for the assessment year 2023 assessment must be done prior to February 1, 2023, etc. 6.!For the full term of this contract, the Municipality with pay the City Assessor as follows: a)!Ten and 40/100 Dollars ($10.40) for each improved parcel of residential, seasonal recreational residential, and agricultural type property. b)!Four and 65/100 Dollars ($4.65) for each unimproved parcel of residential, seasonal recreational residential, and agricultural type property. c)!Sixty two and 00/100 Dollars ($62.00) for each improved and unimproved parcel of commercial and industrial type property. d)!Sixty two and 00/100 Dollars ($62.00) for each improved and unimproved parcel of apartment or mobile/manufactured home park type property. 7.!The same procedure and rates will be followed in the frequency and computation of payments for assessment services for subsequent years. 8.!The City Assessors will remit quarterly billings to the Municipality totaling twenty-five (25%) percent of the estimated annual bill, with the fourth payment making up the difference between the estimated and actual amount of parcels assessed. It is hereby agreed that a 1.65% monthly interest shall be charged after the billing date on the unpaid balances, if not paid within thirty (30) days of the billing date. 9.!Notwithstanding Section 1 above, the City Assessor and/or Municipality have the right to terminate the Agreement by providing twelve months written notice prior to the beginning of assessment work for the tax year. Such notice to terminate must be sent by certified mail to the other party at the address set forth above. For example, to terminate contract for the assessment year 2024, the party must provide written notice of termination to the other party no later than January 1, 2022. Provided further, that this agreement may be terminated at any time by the Centerville City Council on charges by the Minnesota Commissioner of Revenue on neglect of duty on the part of the City Assessor. 10.!The relationship between the parties is that of an independent contractor. Nothing contained in this Agreement is intended to or should be construed as creating the relationship of copartners, employee/employer, or joint ventures between the Municipality and the City Assessors. No tenure or any leave, vacation leave, severance pay, PERA, or other benefits available to Municipality employees will accrue to Ћ the City Assessors or employees of the City Assessors performing services under this Agreement. The relationship between the parties is that of an independent Contractor, the Municipality having no control as to the details of the work nor over the hours or time devoted to said task to be accomplished, said concern of the Municipality being limited only to the results of said work and not the means by which it is accomplished. 11.!The City Assessors agree they will defend, indemnify, and hold harmless the Municipality, its officers and employees, against any and all liability, loss, costs, damages, and expenses which the Municipality, its officers or employees, may hereafter sustain, incur, or be required to pay arising out of the City performance or failure to adequately perform his obligations pursuant to this Agreement. 12.!All data collected, created, received, maintained, or disseminated for any purposes by activates of the City Assessors because of this Agreement is governed by the Minnesota Government Data Practiced Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such act now in force or as adopted, as well as federal regulations on data privacy. 13.!Pursuant to Minnesota Statutes 16B.06 subd. 4, the City Assessor agrees that the Municipality, the State Auditor, the Minnesota Department of Revenue, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary will have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc, which are pertinent to the accounting practices and procedures of the City Assessors and involve transactions relating to this Agreement. 14.!During the performance of this Agreement, the City Assessors agree that no person will, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance, criminal record, creed, national origin or sexual orientation be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination. 15.!a) The City Assessors warrant and represent that they are currently licensed as assessors by the State of Minnesota. In the event said license is cancelled, revoked, suspended, or expires during the term of the contract, the City Assessors agree to immediately inform the Municipality. The Municipality will pay only for serviced pursuant to such licensing requirements. b)!The City Assessors will comply with all applicable federal and state statutes and regulations as well as local ordinances. c)!Failure to meet the requirements of Paragraphs a) and b) above may be cause for cancellation of this Agreement effective the date of receipt of notice of cancelation, notwithstanding the provisions of Sections 1 and 9 above. 16.!Any reports, studies, photographs, negatives, or other documents prepared by the City Assessor in the performance of his obligations under this Agreement will be the exclusive property of the Municipality, and all such materials will be remitted to the Municipality by the City Assessors upon completion, Ќ termination, or cancellation of this Agreement upon the request of the Municipality. The City Assessors will not use, willingly allow, or cause to have such materials used for any purpose other than performance Municipality. IN WITNESS THEROF, the Municipality and City Assessors have herby executed this agreement this ________ day of _____________, 20_____. CITY OF CENTERVILLE By: ________________________________________________ Title:_______________________________________________ Dated:______________________________________________ By: ________________________________________________ Title:_______________________________________________ Dated:______________________________________________ CITY ASSESSORS By: ________________________________________________ Title: Mary Wells, SAMA License #3561 Dated:______________________________________________ By: ________________________________________________ Title: Christopher Larson, CMA Income Qualified License #4040 Dated:______________________________________________ Ѝ 201 ASSESSOR’S REPORT BOARD OF APPEAL AND EQUALIZATION Boplb!DpvouzDjuz!pg!Cfuifm 312!Mpdbm!Cpbse!pg!Bqqfbm!boe!Frvbmj{bujpo! Nbz!-! 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Median Assessed Value vs. Median Sale Price $235,000 $230,000 $225,000 $220,000 $215,000 $210,000 $205,000 $200,000 $195,000 $190,000 $185,000 $180,000 $175,000 $170,000 $165,000 20082009201020112012201320142015201620172018 Median Sale PriceMedian Assessor's Estimated Market Value Opuf;!Uif!Nfejbo!Bttfttpst!Ftujnbufe!Nbslfu!Wbmvf!sfqsftfout!uif!ipnft!uibu!bsf!jo!uif!tbmft!tuvez/! 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Boepwfs551:5/13&!!6/57Dpmvncjb!Ifjhiut7:3/26&6/:3 Boplb323:5/28&!!6/:5Gsjemfz8:1/84&5/57 Cfuifm8:2/88&!!:/97 Cmbjof2137:5/67&!!6/73 Dfoufswjmmf63:5/64&!!5/59 Djsdmf!Qjoft95:5/46&!!6/72 Dpmvncjb!Ifjhiut429:5/9:&!!21/46 Dpmvncvt45:5/28&!!:/31Boplb9:7/19&!!9/94 Dppo!Sbqjet:38:5/32&!!6/23Dppo!Sbqjet22:7/75&!!:/96 Fbtu!Cfuifm261:5/7:&!!9/27Dpmvncjb!Ifjhiut7:8/32&24/58 Gsjemfz461:5/63&!!6/:6 Ibn!Mblf24::4/14&!!8/31 Ijmmupq396/42&!!1/:5 Mfyjohupo27:5/26&!!8/51 Mjop!Mblft338:5/42&!!6/51 Mjoxppe63:5/25&!!9/31Cmbjof::8/35&!!8/75 Opxuifo36:6/7:&!!8/39 Pbl!Hspwf82:5/61&!!8/11 Sbntfz526:5/75&!!7/63 Tqsjoh!Mblf!Qbsl216:5/68&!!7/34 Tu/!Gsbodjt235:6/47&!!5/92 :! Boplb!DpvouzDjuz!pg!Cfuifm Uif!hsbqit!cfmpx!joejdbuf!ipx!bhhsfhbuf!wbmvft!ibwf!dibohfe!pwfs!uif!mbtu!6!zfbst!gps!fbdi!pg!uif!gpvs! mbshftu!qspqfsuz!uzqft/!! Uif!ubcmftcfmpxjoejdbufuif!qfsdfoubhf!dibohf)ZPZ*gpsfbdi!pguif!gpvsmbshftuqspqfsuzuzqftbtxfmmbtuif upubmnbslfuwbmvf/!Uif!jodsfbtf!evf!upOfxDpotusvdujpo)OD*jtbmtp!jodmvefejo!uif!ubcmfcfmpx/ 201 Sftjefoujbm!%!&!&! Bqbsunfou!%27&!1&! Dpnnfsdjbm!%2-6!&!&! Joevtusjbm!%3-!&!1&! Upubm!FNW!%4!&!&! 21 th January 7, 2020 Mark Statz – City Administrator City of Centerville 1880 Main Street Centerville, MN 55038 RE: Assessment Contract Proposal Dear Mr. Statz, On behalf of Anoka County, I would like to thank you for the opportunity to submit the attached proposal for Assessment Services. nd , 2020, I have attached a sample contract for Based upon your email from December 2 you to review which includes our current rates per parcel, sample invoice showing what the cost would be using todays parcel mix, along with a document detailing what Anoka County believes are the benefits of a County Assessment Contract. Upon internal review, I welcome the opportunity to sit down with you and/or your council to discuss the proposal and answer any assessment related questions. Sincerely, Alex Guggenberger, S.A.M.A Anoka County Assessor 763-324-1162 2100 Third Avenue Anoka, MN 55303-2281 Government Center www.anokacounty.us/prop-records-tax Office: 763-323-5400 Affirmative Action / Equal Opportunity Employer th January 7, 2020 Mark Statz – City Administrator City of Centerville 1880 Main Street Centerville, MN 55038 RE: Benefits of a County Assessment Contract Dear Mr. Statz & Council Members, To aid in your decision-making process, below are several factors Anoka County feels are benefitsof a County Assessment Contract. 1. Full-time access to qualified assessment staff for residents, business owners, and city staff which isn’t always the case in other situations. This means any issues can be handled quickly and efficiently since we employ multiple staff dedicated solely to work in Anoka County. 2. Knowledgeable and trained staff held to Anoka County Standards. It is more difficult to ensure work is being done appropriately and according to MN Statute when in-house staff are not performing the work. 3. High level of equalization and economies of scale due to the large volume of parcels under contract. This ensures that parcels in each jurisdiction are treaded fairly and in a similar manner which leads to higher quality assessments. 4. Increased accountability with various levels of management including; County Assessor, PRT Division Manager, County Administration, as well as County Commissioners. Accountability and the ability to quickly identify and correct assessment shortcomings is limited in other contract situations. 5. Tax Court – Anoka County typically handles and defends tax court petitions in house and in certain circumstances outside professionals are hired. Any additional costs associated with tax court petitions is Anoka County’s responsibility when we hold the contract. This is often thousands of additional dollars the city would otherwise be responsible for. 6. Proven track record of high-quality assessments that improve over time. This ensures that residents and business owners are being treated fairly and the various taxing authorities are receiving funding based upon the most accurate values possible. Should you have any questions regarding a County Assessment Contract, please let me know. 2100 Third Avenue Anoka, MN 55303-2281 Government Center www.anokacounty.us/prop-records-tax Office: 763-323-5400 Affirmative Action / Equal Opportunity Employer Sincerely, Alex Guggenberger, S.A.M.A Anoka County Assessor 763-324-1162 Anoka County Contract No. ___________ JOINT POWERS AGREEMENT BETWEEN CITY OF CENTERVILLE AND COUNTY OF ANOKA FOR ASSESSMENT OF PROPERTY THIS AGREEMENT is made and entered into this _____ day of ______________, 2021, by and between the City of Centerville, 1880 Main St, Centerville, MN 55038 hereinafter Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as the WITNESSETH: WHEREAS, pursuant to Minn. Stat. § 273.072, subd. 1, any county and city, lying wholly or partially within the county and constituting a separate assessment district, may, by agreement entered into under Minn. Stat. § 471.59, provide for the assessment of property in the city by the county assessor; and WHEREAS, pursuant to Minn. Stat. § 273.072, subd. 2, the agreement may provide for the abolition of the office of the city assessor when the assessment of the property within the city is to be made under an agreement by the county assessor; and WHEREAS, it is the wish of the County to cooperate with the Municipality to provide for a fair and equitable assessment of the property within the Municipality; and WHEREAS, said work will be carried out in accordance with the provisions of Minn. Stat. § 471.59. NOW, THEREFORE, in consideration of the mutual covenants and agreements stated herein, the parties agree as follows: I. That said Municipality constitutes a separate assessment district which lies wholly within the County and that all property in the geographical boundaries of this district shall be assessed by the County Assessor of the County beginning with the assessment year 2021, provided this Agreement is approved by the Commissioner of Revenue. II. Pursuant to Minn. Stat. § 273.072, subd. 2, the office of the City Assessor in the Municipality shall cease to exist on March 1st, 2021, but not before the end of the term of the current City Assessor, if serving for a fixed term, or when an earlier vacancy occurs; provided, however, that upon the termination of this Agreement, the Office of City Assessor shall be automatically reestablished and shall be filled as provided by applicable law or charter in accordance with Minn. Stat. § 273.072. st III. The term of this Agreement shall be from March 1, 2021, through assessment services performed in the year 2023 (2024 assessment), unless earlier terminated as provided herein. IV. In consideration of said assessment services, the Municipality shall pay to the County an annual payment as follows: 2022 Assessment services payable on or before June 1, 2021 2023 Assessment services payable on or before June 1, 2022 2024 Assessment services payable on or before June 1, 2023 V. For year 2021 assessment services, the Municipality shall pay the County as follows: A. Twelve Dollars and 50/100s ($12.50) for each improved parcel of residential, seasonal recreational residential and agricultural type property; B. Four Dollars and 50/100s ($4.50) for each unimproved parcel of residential, seasonable recreational residential and agricultural type property; C. Eighty Dollars and 11/100s ($80.00) for each improved and unimproved parcel of commercial, industrial and public utility type of property; and D. Eighty Dollars and 00/100s $80.00) for each improved and unimproved parcel of apartment and mobile home park type property. The same procedure shall be used, as described above, in the computation of the assessment payments due in 2021 through 2023, provided, however, that the cost for each type decrease in operating costs, cost of living and merit adjustments established by the Anoka County Board of Commissioners for January 1 to December 31 in the year prior to the date of the assessment. VI. Notwithstanding Section II. above, the County and/or Municipality shall have the right to terminate this Agreement by providing, at a minimum, two years written notice by certified mail, which notice shall be sent prior to January 2 of any year to terminate assessment services to be performed two years from such date (i.e. to terminate this Agreement for assessment services in the year 2022, the party must provide written notice of termination by not later than January 2, 2020). VII. COUNTERPARTS This Joint Powers Agreement may be executed in any number of counterparts, each one of which shall be deemed to be an original, but all such counterparts together shall constitute one and the same instrument. (remainder of page intentionally blank Î signature page immediately follows) - 2 - IN WITNESS WHEREOF, the parties hereto have set their hands on the dates so indicated. COUNTY OF ANOKA CITY OF CENTERVILLE By: ________________________________ By: ________________________________ Scott Schulte, Chair Anoka County Board of Commissioners Title: ______________________________ Dated: _____________________________ Dated: _____________________________ By: ________________________________ By: ________________________________ Rhonda Sivarajah County Administrator Title: ______________________________ Dated: _____________________________ Dated: _____________________________ APPROVED AS TO FORM By: _______________________________ By: _______________________________ Jason Stover Assistant County Attorney Title: ______________________________ Dated: ____________________________ Dated: ____________________________ - 3 - CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: January 27, 2021 Administration IX.2 TITLE OF ISSUE: Establishing a City Loan and Grant Program BACKGROUND AND SUPPLEMENTAL INFORMATION: City staff has been in communication with Karen Skepper of the Anoka County Housing and Redevelopment Authority (HRA) regarding a loan and grant program. The program was originally established as part of the Centerville Economic Development Authority (EDA), but it has now been determined that the HRA requires the grantee for their funds to be the City itself. With this in mind, city staff recommends establishing the Revolving Loan and Grant Program as a City program, with recommendations for awards coming from the EDA. The details of the program remain the same as established by the EDA last year. COST AND SOURCE(S) OF FUNDING: $25,000 from the Anoka County HRA as an initial pool for the program REQUESTED COUNCIL ACTION: Adopt the resolution establishing the grant program and authorizing the City Administrator to request funding from the county. SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Attachment A - Program guidelines Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ COUNTY OF ANOKA CITY OF CENTERVILLE Resolution # 21-____ A RESOLUTION ESTABLISHING THE CENTERVILLE REVOLVING LOAN AND GRANT PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA WHEREAS, the Anoka County Housing and Redevelopment Authority (HRA) has segregated funding for business grant and loan projects in the City of Centerville; and WHEREAS, the City wishes to establish a Revolving Loan and Grant program under MN State Statute 469.091; and WHEREAS, the program offers grants and low interest loans (2%) to assist businesses with capital investments in their properties for the betterment of the community; and WHEREAS, the program is available to all businesses with a physical location in the city; and WHEREAS, City staff anticipates that one or two businesses per year are likely to participate in the program; and WHEREAS, one business has made application, completed their project, and is awaiting funds; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Centerville, County of Anoka, State of Minnesota, the City hereby establishes a grant and loan program as identified in Attachment A; and The City Administrator is authorized to request an initial allocation to HRA fund, administered by the county. Passed and Adopted by the City of Centerville this 27th day of January, 2021. ________________________________________ Mayor, D. Love _________________________________ City Clerk, Teresa Bender CITY OF CENTERVILLE ECONOMIC DEVELOPMENT AUTHORITY REVOLVING LOAN AND GRANT PROGRAM (RLGP) APPLICATION PACKET JUNE, 2020 1 CENTERVILLE ECONOMIC DEVELOPMENT AUTHORITY REVOLVING LOAN AND GRANT PROGRAM (RLGP) I.BACKGROUND The Centerville Economic Development Authorndeavors to support a program of city revitalization. This effort is aimed at strengthening the cityin terms of market share and physical appearance. Working with the City, the CVEDA has designed a Revolving Loan and Grant Program (RLGP). The RLGP is aimed at improving the utility and appearance of downtown businesses while encouraging the leveraging of private investment which would otherwise not occur. The program has two distinct components: Loan and Grant. The program is designed to address business redevelopment needs throughout the city. The Centerville CVEDA established an initial $50,000 loan/grant pool, through an earmark of the unds, administered by Anoka County. This pool of money may be used for either the Grant or Loan Portion of the program. The Centerville RLGP is operated with the following program goals: Provide affordable financing or grant funds to small businesses for program eligible real estate improvements. Target downtown businesses along Centerville Road and Main Street with other businesses located in the City also being eligible. Serve as a catalyst to leverage private resources. Require that improvements be consistent with city code. For businesses within the M-1 & M-2 zoning districts, this includes the design guidelines referenced in city code. Require businesses receiving funds to be compliant with existing city code or to come into compliance in the course of the improvements proposed. This includes code related to signage, parking, screening and other exterior regulations. Whether the interior of the building needs to come into compliance with the building code shall be governed by the building code and related city code. Structures which qualify as legal nonconformities may remain. The program is administered by the EDA under the guidance of policies set by the City Council and EDA. The City of Centerville EDA is responsible for: Determining individual appli - Location of property to be improved; - Improvement scope; - Compliance with City Codes and Ordinances. Determining schedule for submission of competitive funding applications and scoring criteria for the award of loans and grants when there are more applications than funds. Distribution of program information to area businesses. 2 Referral of applicants to local banks. Participation agreements with local banks. Financial institutions are responsible for: Receipt and processing of loan applications. Provision of matching loan funds at least equa RLGP. credit risk and required collateral. Determining loan amortization period. Approval or disapproval of loan subject to City certification as to program eligibility. Collection of lien waivers and other documents deemed necessary for loan disbursements. Distribution of loan funds subject to final approval by the CVEDA. Distribution of principal and interest payments to the CVEDA RLGP. On default, the claims of the CVEDA are subordinate to the financial institution. II. PROGRAM OBJECTIVE The purpose of the RLGP is to provide businesses with an incentive to increase their investment in the community by making structural and beautification improvements to existing buildings. The RLGP will not provide working capital loans nor fund operating expenses. III. PHYSICAL BOUNDARIES OF PROGRAM AREA To be eligible for the RLGP, the property must be located within the City limits. IV. PROGRAM ADMINISTRATION AND STRUCTURE Administration will be shared by the EDA and participating financial institutions. ll maintain and update program guidelines and monitor their compliance. Director and Assistant Treasurer. Servicing of RLGP loans shall be administered by local banks and savings and loans which make application to the EDA. All such institutions must be within 15 miles of the corporate limits of the City. The RLGP will operate as a public/private sector partnership. The financial base of $50,000 for the public share of RLGP funds will come from Housing and Redevelopment Authority funds, administered by Anoka County on behalf of the City. The fund will be replenished by an annual contribution of $10,000 from HRA income and any interest and principal repayments resulting from outstanding loans. 3 V. IMPROVEMENT REVIEW PROCESS Prior to being given loan or grant approval, the applicant shall receive a positive recommendation from the CVEDA. The EDA shall review proposed plans and the existing exterior condition of the property being improved. The EDA shall base its recommendation objectives and city code, including, where applicable, design guidelines. The applicant may appeal any recommendation of the EDA to the City Council. In the event of limited funds, priority will be given to projects which score the ication scoring worksheet. VI. CONTRACTING AND CONSTRUCTION The applicant shall prepare or have prepared a detailed Scope of Work, which will also be the Work will be submitted to the CVEDA and the participating financial institution (for loan projects). The Scope of Work shall include: A detailed description of the work to be undertaken; Estimates of the quantity and materials to be used in the project; Qualified licensed contractor(s) The cost of having the Scope of Work prepared shall be reimbursable to the applicant from the loan or grant proceeds. No RLGP loan or grant will be approved until an adequate Scope of Work/Bidding Document is submitted and approved by designated EDA staff. The applicant must receive and submit at least two itemized competitive bids for all work to be completed and materials to be purchased with the loan or grant funds. The bids will be reviewed and filed by the city (grant program) or financial institution (loan program) to establish that they are competitive and address the work identified in the Scope of Work. The city or financial institution may waive the requirement for two competitive bids if it is impractical to obtain a second bid. The EDA, through the City Building Inspector, shall monitor the quality and progress of all work funded through the Program. Request(s) for payment (up to three partial payments and one final payment) by the applicant for completed work and supplied materials shall be in writing to the financial institution (or city, for grant-only projects). Partial payments shall not exceed 90 percent of the total project amount. The final payment shall be held until a certificate of completion is obtained from the City and submitted to the financial institution. Upon submission and approval of a written request for the release of loan funds, designated EDA staff will, in writing, authorize the financial institution to release the requested funds. All work must be inspected by the City Building Inspector to ensure conformance with code and must be verified for proper completion by City staff to ensure compliance with specifications prior to final payment. The final inspection cannot be scheduled until all permits taken out have been signed off by field inspectors. Upon satisfactory completion, a certificate of completion will be granted. 4 All work must be completed within 12 months of issuance of a building permit unless written permission of an extension is granted by designated EDA staff and financial institution (for loan projects). This action does not constitute an extension to any other deadlines imposed by permits or other regulation. All eligible improvement work performed pursuant to an approved RLGP loan or grant must provide a 12-month warranty from the date of accepted completion by the loan recipient and the EDA. This warranty must cover the quality of materials used and workmanship in performing the work. This warranty is the responsibility of the recipient and shall meet the requirements and definitions in MN State Statute, Chapter 327A. VII. LOAN PROGRAM The Loan portion of the RLGP will provide one-half of each small business loan up to a maximum of $20,000 (from the fund) at an interest rate of two percent, provided that funds are available. Multiple loans may be made to businesses, provided that the principal balance does not exceed $20,000 (from the fund) at any time, and also provided that all payments of principal and interest are current. Local banks will execute participation agreements with the EDA to carry out their participation in accord with these guidelines. VIII. LOAN STRUCTURE A. The RLGP shall provide a 100% match to private loans up to a maximum amount of $20,000 RLGP participation. B. The interest rate of the RLGP loan shall be two percent per annum. C. The RLGP loan shall be amortized over a term not to exceed 10 years but shall, at the option of either the lending institution or the business, be renegotiable at the end of each three-year period, but no loan including extensions shall exceed 10 years. In no event shall the interest rate on the RLGP loan change from two percent per annum. D. RLGP loans in the amount of $8,000 or greater must be fully secured with a perfected security interest as determined by the lender. E. The City subordinates its position on the RLGP loan to that of the lending institution. IX. UNDERWRITING STANDARDS A. Small and medium sized commercial buildings are defined as those buildings whose gross square footage does not exceed 30,000 square feet. B. Businesses receiving RLGP loans shall not have more than five (5) or more locations, franchises, or chains. C.Types of businesses receiving RLGP loans shall be legal permitted or legal conditional uses within their respective zoning districts. D.RLGP loans shall be made to fee owners or recorded contract for deed vendees. 5 X. FINANCIAL GUIDELINES A. Applicants shall demonstrate a ratio of net operating income (NOI) to debt service of 1.1:1. NOI = Gross property income less operating expenses and real estate taxes, but not including mortgage payments, income tax depreciation or non-operating expenses. B. Participating financial institutions shall use customary lending practices in determining eligibility for RLGP loans so as to ensure repayment of principal. C. The property shall not be delinquent in the payment of property taxes and special assessments, and shall not become delinquent during the term of the loan. If taxes shall become delinquent, the loan may be called at the option of the financial institution if the delinquency is not remedied in a reasonable time frame. D. The structure shall be fully insured during the term of the loan with the lending institution and City named as mortgagor or covered under a loss payee clause endorsement. E. No loan shall exceed 80 percent of the estimated market value of the property to be rehabilitated upon completion of the rehabilitation, less the principal balance of any prior mortgage existing on the property at the time the loan is made; as required by MSA 469.184, Subd. 4(3). F. All out-of-pocket loan application expenses shall be the responsibility of the applicant. No other fees shall be charged. XI. ANNUAL REPORTING Within 90 days of filing federal tax statements, businesses receiving loans shall annually submit to the lending institution the following three items: A. Proof of non-delinquency of property tax payments; B. Profit/loss statement from Schedule C of federal tax statements; and C. Personal financial statement satisfactory to the lender. Participating lending institutions shall annually report to the EDA by March 1 of each year the status of the RLGP loan. The annual report shall include the status and balance of each loan as of December 31 of the previous year. XII. LOAN DISBURSEMENTS Loan funds shall be released by the financial institution, but not before written approval from the EDA is provided, and an RLGP check is issued. A minimum of 10 percent of the total loan will be retained until all work is completed, inspected, and approved, as evidenced by current certificate of completion. XIII. IMPROVEMENTS COMPLETED PRIOR TO LOAN CLOSING Such improvements are not eligible unless the a (hazardous code deficiencies, etc.) and the following steps are taken: 6 Applicant must fill out a loan application with the financial institution. Applicant must submit a written request to the financial institution describing the need. Applicant must receive written permission from both the EDA and the financial institution. If the above conditions have been met, the applicant may proceed using his own funds or interim financing from a financial institution. Ho Scope of Work has been approved by the EDA and the loan has been closed. XIV. ELIGIBLE COSTS (LOAN PROGRAM) The following are eligible expenses for either the public or private sector (matching) portion of the loan. Generally, all work on front and sides of business buildings facing public streets Cleaning, painting and staining of exterior surfaces Façade masonry repairs Repairing, replacing and installing of cornices, entrances, exterior doors and windows, decorative details, awnings and exterior lighting New signage Sign removal, repairing and replacement Building identification Streetscape costs on private property Landscaping visible from the street Decks or patios used for business purposes Parking lot improvements Handicapped accessibility improvements Health and safety improvements The following may be funded with the private sector (matching) loan portion only; Any of the items listed as public sector loan-eligible, above. Generally, all interior fixed improvements including the repair and/or construction of walls, ceilings, floors, lighting, windows, doors and entrances Heating, ventilating and air conditioning improvements Wall and floor finishes and tenant business fixtures Roof repairs and replacement 7 XV. INELIGIBLE COSTS (LOAN PROGRAM) The following costs are ineligible: Refinancing of existing debts Non-fixed improvements Working capital Inventory n labor and performance for construction of improvements) Internal improvements to mixed use buildings that involve the residential portion of the structure XVI. GRANT PROGRAM In order to encourage building façade and streetscape improvements that are more aesthetic in nature, grants between $2,000 and $5,000 are available provided there is a 1:1 match of private investment. For example, to qualify for a grant of $2,000, a total of $4,000 must be spent. For a $10,000 project, the maximum of $5,000 in grant money may be awarded. Multiple grants are permitted consistent with the above outlined formula, but shall not exceed $5,000 per project, or a total of $5,000 per property, in a 5-year period. XVII. ELIGIBLE COSTS (GRANT PROGRAM) The following are eligible expenses for either the public or private sector (matching) portion of the grant. Generally, all work on front and sides of business buildings facing public streets Façade masonry repairs Repairing, replacing and installing of cornices, entrances, exterior doors and windows, decorative details, awnings and exterior lighting New signage Sign removal, repairing and replacement Building identification Streetscape costs on private property Landscaping visible from the street Decks or patios used for business purposes 8 The following may be funded with the private sector (matching) funds portion only; Any of the items listed as grant-eligible, above. Parking lot improvements Handicapped accessibility improvements Health and safety improvements XVIII. INELIGIBLE COSTS (GRANT PROGRAM) The following costs are ineligible: Heating, ventilating and air conditioning improvements Wall and floor finishes and tenant business fixtures Roof repairs and replacement Refinancing of existing debts Non-fixed improvements Working capital Inventory n labor and performance for construction of improvements) Internal improvements to mixed use buildings that involve the residential portion of the structure Prior to incurring expenses for which a grant is sought, applicants must have the proposed work approved in writing by the City EDA Grants will be distributed upon final inspection by the City and submittal of a paid invoice. 9 CENTERVILLE REVOLVING LOAN PROGRAM APPLICATION FORM I. APPLICANT INFORMATION Home Address: Phone: ________________ E-Mail Address: Name of Business: Business Address: Phone: ________________ Business Structure: _____ Sole Proprietorship _____ Partnership (all partners must sign this application) _____ Corporation (list officers on separate sheet) Type of Business (describe): II. PROPERTY INFORMATION Property Owner: Address: Phone: ________________ E-Mail Address: Does the applicant business occupy the total building? Yes _____ No _____ 10 If NO, what percentage does the applicant business occupy and what occupies the balance of space? __________________________________________________________________ __________________________________________________________________ III. REHABILITATION PROPOSED Briefly describe the proposed work and purpose. Exterior: Interior: *Note: A detailed Scope of Work document is required prior to approval. IV. BUILDING INSPECTION Building owner grants permission for the city inspector to inspect all work to be performed as outlined in Scope of Work. _______________________________________ _______________________ Signature of Owner Date V. FINANCIAL INSTITUTION INFORMATION Name: Address: Loan Officer: Phone: ___________________________________________ ____________________ ___________________________________________ ____________________ 11 2% REVOLVING LOAN PROGAM SCOPE OF WORK See pages 3 and 4 of the Guidelines and Regulations Handbook for information on eligible expenses. PROGRAM ELIGIBLE EXPENSES Item Amount 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. TOTAL $ AMOUNT REQUESTED FROM EDA $ AMOUNT REQUESTED FROM BANK $ Note: Wall and floor finishes and tenant business fixtures may be funded with the private sector (matching) loan portion only. 12 CITY OF CENTERVILLE EDA REVOLVING LOAN PROGRAM OWNER AGREEMENT Owner Certification DATE: OWNER: ADDRESS: PROPERTY ADDRESS TO BE REHABILITATED: BUSINESS NAME(S): As owner of the above property, I hereby agree that I will adhere to the following conditions of the City of Centerville EDA Revolving Loan Program (the 1. Each loan from the Program will be requested on an individual property and will not exceed one-half the cost of the eligible building improvement or $20,000, which is less. 2.It is understood that the loan from the Program is for contract construction and is only for eligible expenses. No refinancing and no acquisition will be done utilizing the City of Centerville EDA loan. 3. Hazard insurance will be maintained on the property at all times in an amount sufficient to cover the full amount of the loan and will be paid by myself and will not be paid out of the loan proceeds. 4. At least two detailed and legible competitive bids based upon a work specification prepared by the owner and approved by a participating financial institution prior to approval will be submitted. 13 5. Change orders will be issued only with the written approval of the City of Centerville EDA staff. No change order will be issued decreasing the private loans such that the private loan is less than the loan from the CVEDA Revolving Loan Fund. 6. I agree to abide by the regulations as listed, and the City of Centerville EDA Revolving Loan Program Handbook. Upon failure to comply with any or part of the above, the City of Centerville EDA may enforce the Revolving Loan Program and note/lien through any lawful suit or action as permitted under the laws of the State of Minnesota. 7. I understand that any inspection made by the City of Centerville under this program is for purposes of determining program, and it is not intended to represent or warrant the condition of the premises. 8. I further understand that making application in no way insures approval of loans or guarantees funding. 9. ecific, written approval from both the City and my financial institution. 10. I understand any work performed prior to specific written approval from both the financial institution and the City will be considered ineligible unless otherwise waived in writing by the City EDA and the financial institution according to the guidelines. Fee Owner/Contract Purchaser: Signature Print Name Witness Date 14 CITY OF CENTERVILLE REVOLVING LOAN AND GRANT PROGRAM GRANT APPLICATION Business Owner(s): Business Name: Business Address: Phone: Qualifying work description: Total cost of project (attach detailed bid): Facade Improvement(s): Facade Improvement Cost: Grant Amount Requested: _____________________________________ _______________ Signature of Owner Date _____________________________________________ ______________ Signature of Executive Director EDA Authorizing Grant Date 15 CITY OF CENTERVILLE REVOLVING LOAN AND GRANT PROGRAM GRANT REIMBURSEMENT REQUEST Business Owner(s): Business Name: Business Address: Phone: Qualifying project work complete (this request): Cost of work (this request): Grant amount requested (this request): Total project cost to date (including this request): Total grant reimbursed (including this request): I hereby acknowledge that the facade work and/or materials referenced above have been completed and paid for at the above address, and documentation for that work is attached. _____________________________________________ _______________ Signature of Owner Date _____________________________________________ ______________ Signature of Executive Director EDA, Date Authorizing Reimbursement 16 Centerville Revolving Loan & Grant Program Rating Criteria The following criteria are eligible expenditures of Loan and Grant funds. In the case of multiple qualifying applications for the program, the applications will be ranked according to their conformance with the following rating scale. Centerville Revolving Loan & Grant Program Rating Criteria Improvement Type Priority List 1 Repairing, replacing, or installing cornices, entrances, windows, decorative details, awnings and exterior lighting 2 Sign removal, repairing or replacement 3 New signage 4 Streetscape or landscape improvements on private property 5 Handicapped accessibility improvements 6 Health and safety improvements 7 Parking lot improvements 8 Cleaning, painting and staining of exterior surface 9 Building identification 10 Decks or patios used for business purposes 17 January 27, 2021 ADMINISTRATION COVID-19 Response City Hall City Hall is currently closed to the public. All permits and other city services may be accessed online at www.centervillemn.com or by calling 651-429- 3232. The City is working towards a re-opening of City Hall to the public by February 1, 2021. Committee meetings are held via Zoom broadcast live on North Metro TV and streamed on their website. Connection info SERVICE OPPORTUNITIES Adopt a Garden Program Thanks to those of you who have volunteered for this program so far. There are still a few gardens left, so sign up now! Simply email us if you are interested in helping out or would like more information. info@centervillemn.com Firefighters Wanted The Centennial Fire District has immediate openings those who are able to respond within 5 minutes to our fire stations. All training and equipment is provided. More information can be found by going to our website at www.centennialfire.org/recruit FINANCE Bond Refunding The city council recently decided to move forward with a Bond Refunding that could potentially save the city approximately $85,000 ove consultant is drafting documents to put this bond sale on the market. COVID-19 Relief Programs The city is closely monitoring the latest State and Federal relief packages to ensure we are positioned to utilize funds as they become available. We continue to code our expenses related to the pandemic separately from normal costs to make documenting our impacts easy. ECONOMIC DEVELOPMENT Anoka County Business Relief Grant Grant applications are now being accepted. Home-based businesses with at least one employee beyond the principal may apply. Priority is being given to those affected by hut down bars, restaurants, fitness outlets and the like on November 20. Apply now! Minnesota Technology Corridor With the Excipio Data Center Feasibility Study now complete, Minnesota Technology Corridor stakeholders have now begun using this document to market the property to prospective developers. Quad Area Chamber of Commerce Join the Chamber Economic Development Authority (EDA) New Members Councilmembers Steve King and Darrin Mosher were appointed to the EDA to fill the spots th designated for City Councilmembers. Two candidates were interviewed at the January 20 meeting of the EDA to fill the vacant, at large seat. The City Council will consider the th appointment, at its January 27 meeting. CenterStage COMMUNITY DEVELOPMENT Apartment Complex Concept Plan The Planning and Zoning Commission was presented with a concept plan for a 3-story, 96- thst unit apartment complex sited on commercially zoned land between 20 and 21 Avenues, north of Main Street. The project would require a Comprehensive Plan Amendment and Rezoning. If the developer chooses to pursue these land use requests, a public hearing would be scheduled to receive community input on the proposal. th Centerville Storage (20Ave. Mini Storage) Building construction continues. Grading, paving and restoration work will finish up in the Spring. Old Mill Estates Punch list work related to infrastructure continues. The city retains a letter of credit to cover these items. Several lots still remain. nd Old Mill Estates 2 Addition Punch list work related to infrastructure continues. The city retains a letter of credit to cover these items. Lots are for sale and several building permits have now been pulled. Bay View Villas (Waterworks Site) Punch list items including landscaping, ped ramps, mailboxes and shoreline plantings will be addressed in the spring. The city retains a letter of credit to cover these items. 7241 Main Street rveyors have been in communication. An application for Preliminary Plat is anticipated soon. Atlas Villas Memory Care Project (1825 Main Street) Foundation work has begun. Driveway and Parking Ordinance Review The Planning and Zoning Commission continues to work diligently on issues related to what and where certain vehicles can be parked on residential properties. Both the existing ordinance and the one being contemplated by P&Z do not allow parking of any vehicles in the front yard (not on the driveway). Block 7 Property (Downtown) A Request for Proposals was sent out to several developers interested in the property in an effort to better compare multiple proposals at one time. Developers will be asked to produce a concept layout, elevation views and submit a financial commitment statement, outlining their expectations for any participation from the city, in development costs. The proposals will be reviewed at a joint meeting of the Planning and Zoning Commission, City Council and Economic Development Authority on February 2, 2021 at 6:30 via Zoom. See the onnection information. Development Inquiries Developer with interest in Block 7 property Trucking business looking to develop cross-dock facility General Illegal burning Snow removal from sidewalks A deadline has been set for the completion of a fence around the north and east side of the wer property. COMMUNITY ENGAGEMENT Web Site Social Media Calendar Updates CenterStage Committee Meetings Committee Agendas/Packets uploaded Anoka County Business Relief Grants Reader Board Meeting Schedules Business Email List COVID-19 Information Anoka County Business Relief Grants Comments & Concerns from Public Community Email List Sidewalk shoveling Ice rink status Connect with the City on these platforms North Metro TV North Metro TV Staff will be available to operate city camera systems for all council and committee meetings, beginning January 1, 2021. Staff also continue to assist the city with video production in conjunction with our CenterStage program. General Illegal burning Snow removal from sidewalks A deadline has been set for the completion of a fence around the north and east side of the wer property. PUBLIC WORKS/STREETS City Hall Renovation Lighting, HVAC and framing work is complete in the City Council Chambers and front lobby. Glass work at the transaction window and Council Chambers doors is in progress along with wall treatments and construction of the dais. Most finish work should be complete by the end of next week. Our A/V contractor will be installing the video cameras and TVs used to broadcast the meetings in the coming weeks. The City is working towards a City Hall re-opening on February 1, 2021. STORMWATER/WETLAND LaMotte Park Stormwater Reuse System Expansion Work on the project is substantially complete, with a few odds and ends that may need to wait until the spring start-up of the system. SEWER AND WATER Wellhead Protection Plan A Public Hearing on the Plan was held on September 9. No significant comments were received. A draft of the Part II Plan will be sent to the Minnesota Department of Health for review and comment. 2020 Downtown Street and Utility Improvements Paving is now complete! The contractor paved the base course of asphalt just before the protect the front edge of the curb from snow plows while we wait to pave the final lift of asphalt next year or perhaps the year after, depending on how the pavement looks upon inspection next spring. The project has been hyrdo-seeded. This should allow for good turf growth early next spring. Mail service has been switched back to normal delivery at permanent mailboxes. A credit against all assessments has been issued, since sod was initially planned as part of the project. Watch your mail for a letter outlining the specifics of your credit. Well Sealing Cost Share Program The Anoka Soil and Water Conservation District has a cost share program for sealing abandoned wells. If you have a well on your property that you are no longer using, and would like to have sealed, please check out this program. If live in Centerville, PARKS AND RECREATION Skate Night The Parks &Rec Committee met on January 6 and agreed to keep the February Skate Night will be lifted in time, to allow us to host a Skate night on Saturday, February 6, 2021, from 6 to 9 PM. These events include skating, sledding, refreshments, a bonfire, music, snowshoeing, kick sleds and fat tire bikes. Stay nd social media for updates. Adopt a Garden Program on Committee will be forming an adopt a garden program to help maintain flower gardens at city parks. Ifvolunteering, please let us know by emailing info@centervillemn.com We already have 4 volunteers that have stepped forward! Join the fun and sign up now. PUBLIC SAFETY Centennial Lakes Police Department Shooting at CLPD After a scary incident at our police department, where a squad car window and door to the department were damaged by gunfire, we are happy to report that no one was injured and a suspect has been charged with several felony-level crimes. Centennial Fire District Fire District Organizational Study A special meeting of the Fire Steering Committee has been scheduled for February 11 at 7:00 PM via Zoom to discuss the findings of the report. Representatives from Fitch and Associates will be on the call to present the information. COVID-19 All fire staff are now healthy and able to respond to calls. Duty Crew Our daytime duty crew has now been regularly responding to calls during the daytime with great results. Recently, the crew was able to respond to a person not breathing and successfully performed CPR, resuscitating the individual.