Loading...
HomeMy WebLinkAbout2021-03-24 CC Packet CITY OF CENTERVILLE CITY COUNCIL MEETING AGENDA Wednesday, March 24, 2021 6:30 p.m. Meeting available via Zoom Videoconferencing https://zoom.us/j/478824301 Meeting ID: 478 824 301 312-626-6799 (for audio only) COUNCIL MEETING (6:30 PM) CALL TO ORDER Roll Call PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA APPOINTMENTS/PRESENTATIONS None PUBLIC HEARING None APPROVAL OF MINUTES December 9, 2020 City Council Meeting Minutes (pg. ) CONSENT AGENDA March 24, 2021 (Check #33616-33641) & City of Centerville Claims through 1668E-1673E) (pg. ) Centennial Lake Police Department Claims through March 18, 2021 (Check #13701-13727) & (E2021011-E2021012) (pg. ) Centennial Fire District Claims through March 23, 2021 (Check #9020-9046) & Payroll (Check #9029-9033) (pg. ) Portable Restroom Contract OLD BUSINESS Centra Homes - Block 7 Memorandum of Understanding NEW BUSINESS Peltier Estates Preliminary Plat Preliminary Conditional Use Permit for a Planned Unit Development COUNCIL/ADMINISTRATOR ANNOUNCEMENTS Administrator/Engineer Report (pg. ) Council Reports Lakso Parks & Recreation Koski Fire Steering Planning & Zoning Commission King Economic Development Authority Mosher Economic Development Authority Police Governing10, 2021 Love y 10, 2021 Fire Steering North Metro Telecommunications Commission Other Mayoral Reports RECESS TO CLOSED EXECUTIVE SESSION CLOSED EXECUTIVE SESSION (Pursuant to MN Statute Section 13D.05, Subdivision 3(b) I.CALL TO ORDER 1.Roll Call II.ITEMS OF DISCUSSION 1.2050 & 2070 Main Street Discussion and examination of legal opinion and strategy regarding the properties 2050 and 2070 Main Street. Absolute confidentiality is required for a full and candid discussion with Legal Counsel and such discussion could not occur in legal position. III.ADJOURNMENT (from Closed Executive Session & Resume Regular Council Meeting) XII.ADJOURNMENT INFORMATIONAL MATERIAL None REMINDERS All Meetings via Zoom Videoconferencing at 6:30 PM unless otherwise noted Parks and Recreation Committee Fete des Lacs Committee - Wednesda CITY OF CENTERVILLE CITY COUNCIL WORK SESSION, COUNCIL MEETING & CLOSED EXECUTIVE SESSION December 9, 2020 5:00 p.m./6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled City Council Work Session & Council Meeting on December 9, 2020 via Zoom Videoconferencing at: https://zoom.us/j/478824301, Meeting ID: 478 824 301 with audio only available at: 312-626- 6799. The meeting was also live streamed by North Metro TV. WORK SESSION I. CALL TO ORDER Mayor D. Love called the work session to order at 5:00 p.m. PRESENT: Mayor D. Love Council Member Russ Koski Council Member Michelle Lakso Council Member Matt Montain (joined at 5:48 p.m.) Council Member Tom Wilharber Not Approved ABSENT: None STAFF: City Administrator Mark Statz City Attorney Kurt Glaser Finance Director Bruce DeJong d to mean that the noted individuals were visibly and audibly present on the videoconference call. II. ITEMS OF DISCUSSION 1. Rehbein Black Dirt Interim Use Permit Administrator Statz stated that last evening, the Planning and Zoning Commission held a Public Hearing on the extension of an Interim Use Permit (IUP) for Rehbein Black Dirt. At the hearing, thst staff presented information on the pile of dirt between 20 and 21 Avenues which has been in existence for 15+ years. Several years ago, the city took action to require the pile to be governed by an Interim Use Permit since it was not allowed under City Code. The IUP had an expiration date, by which the dirt was required to be moved. When that date came and the dirt was not gone, a second IUP was issued, with tightened restrictions. At this time, that second IUP is about to expire and the dirt, again, has not been moved. Therefore, the commission is forced to decide on whether or not to again extend the permit. In the end, the Planning and Zoning Commission proposed to issue a new, 2-year, IUP with a Letter of Credit (LOC) required at the end of the first year. The LOC would be based upon $2/cubic yards of material stockpiled on site. The recommendation of the P & Z Commission was to issue the new IUP with same terms as the last one, but adding the LOC requirement. City of Centerville Council Meeting Minutes December 9, 2020 The commission did take comment from the public, but comments were minimal and expressed varying opinions. Attorney Glaser spoke about the economic incentive built in to the IUP with the LOC and mentioned that the landowner is in agreement with the terms of the proposed terms. Council Member Koski, liaison to the Planning and Zoning Commission said that a lot of good discussion took place and for the most part all agreed with LOC requirements. It was noted that there were comments made regarding whether the city should be telling property owners what they can do with property. Mr. Koski also questioned whether the $200,000 would be enough to move the material off the site. Administrator Statz stated that the intent would be to simply level the material out, so the costs would be much less than hauling it out. Council Member Lakso thought there was fair enough notice built into the IUP and was happy that it addresses the important issues. Administrator Statz said the intent was to develop the land into industrial uses similar to Distribution Alternatives in Lino Lakes. United Properties held an option on the land, but it had expired. Council Member Lakso was comfortable with the recommendation. Council Member Wilharber asked whether there were any complaints regarding the dirt pile. Administrator Statz stated that for the most part no, but when complaints are received, the quests, such as to clean streets, fix erosion control, etc. Mr. Wilharber further asked about any issues with the watershed. Mr. Statz stated that several years ago the original IUP contained language requiring the submittal of a Storm Water Management Plan (SWMP). After some discussions with the Rehbe from the Minnesota Pollution Control Agency (MPCA). The MPCA decided since the dirt operation was not an active construction site and was not one of their identified industrial uses which required a permit, no SWMP was needed. For the next IUP, specific erosion control measures were incorporated, without requiring a SWMP. Nothing about their operation is regulated through the watershed, again because it is not an active construction site or development. Council Member Wilharber said this issue has been going on way, way back and as Council Member Lakso said, we may have missed chances for development due to the pile being there. He stated that he would not likely be in favor of extending and would probably be voting against. Mayor Love would like to have the property developed but understood that it is to push someone into development. However, the Black Dirt business is not allowed under city code and an IUP with limited duration has been a fair compromise. The issue as he sees it is that we do not have a practical way to shut them down and remove the pile if they do not comply with the permit terms. He felt the LOC solution was the best way to do that. Council Member Koski noted that the commission reviewed some minor IUP violations that had largely been addressed already, but will be correcting the remaining items in the spring. Discussion ensued regarding the property being valued at $3/sq. and about 7 million worth total. Administrator Statz said it was not likely to go tax forfeit, however, if the market crashed on industrial land and when you have Forest Lake giving away similar land for $1 it seems prudent to be protected in a worst-case scenario. Council Member Koski asked if we are collecting for hauling dirt out of the site. Administrator Statz stated that the city collected roughly $10,000 - $15,000/year. Mr. Koski struggles with the idea of pushing a business out, but would love to see Page 2 of 19 City of Centerville Council Meeting Minutes December 9, 2020 a new business use the site for what it is zoned. Council Member Koski is concerned that the City does not get carried away and push businesses out for no reason. Mayor Love said he is glad we are having a conversation about a business that is abiding by the rules and not a business that is being a bad neighbor. Administrator Statz reiterated that the IUP does not mention a requirement to develop or sell, just to flatten the dirt pile. 2. Final Budget Review Finance Director DeJong reviewed the final budget one last time before adoption tonight. Staff feels we are ready and has included a presentation with packet. Several graphics were added to aid in the understanding of the budget. Mr. DeJong asked if there were any questions he could answer. Mayor Love thanked staff and stated that he liked the Executive Summary. He stated that he feels that the budget is fiscally responsible and future thinking is critical. 3. Block 7 Redevelopment Concept Plans Administrator Statz shared that the Planning and Zoning Commission saw a nice presentation from Apollo Development regarding a concept for 20 row-style townhomes on Block 7. It was communicated to Apollo that the city was unlikely to offer Tax Increment Financing (TIF). Mr. Statz is in conversation with other developers and hoping to have their concepts before the Commission in the coming month or two. Administrator Statz revi spoke about the various aspects of their design, layout and likely financial commitment. Council Member Wilharber sees less issues for people living around a townhome development than the previous proposal of an apartment building. He is concerned with plowing the narrow road, with little greenspace and lighting along trail. The proposal looks good at $300,000 per unit to help tax base. Council Member Lakso thinks the development looks on track and just wants to see something move along on the parcel. She agrees with Council Member Wilharber that the townhomes would fit nicely and cannot believe the cost of townhomes these days. There are no particular concerns she has and although it may not be the maximum use of the property, it still appears adequate for Council Member Koski is excited that progress is being made and noted that the presentation is very preliminary. He mentioned that there was not a lot of comment from the developer and more was to come from them in the future. He stated that the developer continues to work on streetscaping, he appreciated the good comments on roads and the concern for snow removal. He is curious to see other developersthem in early January. He was eager to obtain input from neighbors regarding the proposal(s). Mayor Love feels this proposal is a win-win and great way to move forward. He hopes neighbors will be happier with this concept and is glad the city pushed back on using TIF. He thinks this is a great alternative and gets tax base in there righ quality products as we have with recent developments like the mini-storage and Midwest Best Page 3 of 19 City of Centerville Council Meeting Minutes December 9, 2020 Water. He was also encouraged by the develope chose a different developer the first time. Mayor Love was willing to give them the benefit of doubt and applauded their loyalty to the City. Administrator Statz stated that the developer is also st interested in proposing an apartment complex on 21 Avenue, north of the bank. Council Member Montain echoes others comments and feels that it fits better than previous proposals. He asked Administrator Statz how tall the units would be. Mr. Statz stated that they would be 2-story slab on grade with gabled roof, perhaps with a step up from garage entrance. on height. Mr. Montain echoed snow removal concerns and noted that the concept had cars parked on Centerville Road. Administrator Statz stated that many of the issues would be outlined in a Homeow be leaning in the direction of a private street due to density of driveways and the need for snow hauling. Mr. Montain wondered about public safety issues such as whether or not the units would need to be sprinkled. Administrator Statz believed that three or more connected units resulted in the need for them to be sprinkled and understood them to be 1,850 square foot, 3-bedroom units. Further discussion ensued with varying opinions on urban vs. suburban design concepts, streetscaping, setbacks boulevard treatments and the like. Mayor Love asked if there were other topics for which Mr. Statz was looking for feedback. Administrator Statz did not have anything further unless the Council wanted to go line by line through the IUP. III. RECESS Mayor Love recessed the work session at 6:01 p.m. COUNCIL MEETING I. CALL TO ORDER Mayor D. Love called the meeting to order at 6:30 p.m. ROLL CALL* PRESENT: Mayor D. Love Council Member Russ Koski Council Member Matt Montain Council Member Council Lakso Council Member Tom Wilharber ABSENT: None. STAFF: City Administrator Statz City Attorney Kurt Glaser Finance Director Bruce DeJong Page 4 of 19 City of Centerville Council Meeting Minutes December 9, 2020 the noted individuals were visibly and audibly present on the videoconference call. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Mayor Love provided an opportunity for others to add or delete any items. Motion by Council Member Koski, seconded by Council Member Wilharber to Approve the Agenda as Presented. A roll-call vote was taken. Mayor Love and Council Members Koski, Lakso, Montain & Wilharber voted in favor. Motion carried. IV. APPOINTMENTS/PRESENTATIONS 1. None V. PUBLIC HEARINGS 1. Truth in Taxation Administrator Statz stated that annually the Council is required to have a Truth in Taxation Public Hearing. He also stated that the public is provided this opportunity affects their property taxes. He stated that the presentation would assist in the public understanding the process. He reported that the budget/levy could go down or stay the same as what was approved in September, but could not be increased. Administrator Statz stated that State Statute requires that cities that have a population in excess of 500 are required to provide the public with an opportunity to participate in this hearing to voice property tax levy, and impact on taxpayers. He stated that following the hearing the City will adopt the budget and property tax levy for certification to the County. He explained that property taxes are made up of the City, County and School District levies as the three (3) major parts of taxes but the County is the fiscal agent that collects the taxes. He stated that the Board of Equalization and Appeal is the opportunity for residents to discuss/appeal their property values which occurs in April or May and that this was not that time. Finance Director DeJong reviewed major changes in the 2021 Budget and Tax Levy of several thousands of dollars in revenue with the Property Tax Levy increased which covers other areas that are anticipated to decrease such as Local Government Aid ($7,629), Police Aid ($6,000), Fines & Forfeits ($2,000), Pull Tabs ($3,500) and Building Permits ($20,000). He stated that the City is renting space to M Health Fairview for their ambulance so there is an offset of $7,200 to the anticipated changes. He reviewed major changes to expenditures of Salaries/Benefits of $20,000, savings from election expenses of ($9,130), Capital Project Contingency of $50,000 for City Hall Renovation or Downtown Street Project which was a prudent plan, Police Protection savings from the JPA formulation of ($11,400), Fire Protection increase of JPA formulation of $5,000, League Page 5 of 19 City of Centerville Council Meeting Minutes December 9, 2020 of MN Cities Insurance Trust $7,000, Economic Development ($22,500) and Equipment/Capital Imp./Street Reconstruction and EDA Fund Transfer of 34,200. Finance Director DeJong stated that budget for 2020 and 2021 were both balanced where revenues were sufficient to meet the anticipated expenditures. He stated that the total budget was increasing approximately 3%. He reported that the levy would be increasing by .87% due in part for the debt service levy going down. He stated that the total tax levy increase is less than 1%. Finance Director DeJong stated that 85% of th contained in spreadsheet shows dependent on property taxes to fund general operations and looking at expenditures with Public Safety being 48% of total expenditures. He reviewed the debt service levy and stated that the City levied for three (3) bonds last year and that one (1) bond would be paid off by the end of 2020 which was the police station. He stated that the implications for that bond being paid off were a savings of approximately $79,000. He reported that Council has been cautious and used cash on hand to reduce debt service levy and stated that he anticipated that a continued drop in 2024 and a much larger drop in 2025 due to the street funds being paid off. Finance Director DeJong reviewed the levy trends. He stated that in 2017 the increase was 5.7% with 2019 and 2020 being less than 1% increase. He also stated that Council has been frugal and cautious with money being spent. Finance Director DeJong reviewed the property tax processes involved with the items that make up the property tax system. He stated that in October, 2018-September, 2019 sales of existing properties. He said that the City Assessor determines the trends that are happening with them and sets individual property tax values for January 2 the next year. He stated that the Assessor arrives at the assessed value by comparing similar properties with each individual home that have sold. He stated that then the County laNotice. He reviewed that the Board of Equalization and Appeal process happens in April or May of each year where Council acts as the Board and residents are given an valuation. He stated that all properties in town must be valued and then a preliminary budget is determined by Council commencing in July and August with an adopted Preliminary Budget and Tax Levy by September 30 which is forwarded to the County. He stated that the County then takes information from other jurisdictions such as the City, County, School District, Watershed District, and smaller taxing jurisdictions to determine the pr certifies to the County its final budget and tax levy for the upcoming year. He stated that this commences the process of individual property tax statements for the upcoming year being forward to individual property owners. He reported that the first half property tax is due May 15. He stated Notices. He explained were based on what happened with sales of homes from years 2018 and 2019 which has a large lead time in the process. Finance Director DeJong reviewed the formula on how the property tax rate is determined and effects on an individual home. He stated that fr Equalization, the median home value was $263,000 in 2020 and $273,000 in 2021 about a 3.7% increase. He explained that the net tax capacity is anticipated to increase slightly because of loss of some homestead credit up until you hit a little over $400,000 in value and calculate City property tax by multiplying your net tax capacity times the tax capacity rate. So that the estimated tax on a Page 6 of 19 City of Centerville Council Meeting Minutes December 9, 2020 median valued home is going to increase approximately $2. He stated that items that would change age would be if the home had been remodeled or an addition added. He also stated that for new construction that took place during the course of the year, the increase would occur the following year with taxes being payable the following year. Finance Director DeJong stated that the City Council has been very diligent in reviewing all items Debt Service Fund, Capital Project Funds and Enterprise Funds). He stated that the City has a reasonable budget in the short term and long term. He stated that Council has been proactive in how it lays out decision making and how they are plications to homeowner. Finance Director DeJong stated that now would be the time to open the public hearing to obtain input from the public and Council. Mayor Love gave credit to the Staff for their diligence, making modifications and coming forward for all in the City. Motion by Council Member Wilharber, seconded by Council Member Lakso to Open the Public Hearing at 6:55 p.m. A roll-call vote was taken. Mayor Love and Council Members Koski, Lakso, Montain & Wilharber voted in favor. Motion carried. Council Member Montain stated that Council and Staff have work hard on this budget and levy and stated that he was satisfied with the budget. Council Member Koski stated that there was a large amount of work by both Council and Staff who care about residents. He complimented Finance Director DeJong on his presentation, thanked him and stated that it was easy to follow. He stated that he liked see the debt levy decreasing which helps the tax rate go down. Council Member Lakso echoed her appreciation and stated that she felt good that there was little increase with little sacrifices while keeping the standards of Wilharber echoed his appreciation to Council and Staff. Mr. Steve King, 1724 Sorel Street, asked about concerns identified by the League of MN Cities that Finance Director DeJong referenced in his memorandum along with if the City paid them. Finance Director DeJong stated the City is a member of the organization, the City benefits from participating in their Insurance Trust which is a very strong, stable insurance alternative to the commercial market, benefit from their staff research and participation in the legislative processes. He stated that what the memorandum is referring to is there may be changes that may occur due to COVID related responses. He stated that the City discussed these in August and September when drafting the Preliminary budget. He stated that the City has sufficient revenues and funds on hand to cover these contingencies if there were to happen. He also stated that Staff has pointed them out and taken care of them within the budget (State Aid, LGA or other revenues). Mayor Love added that the League put of state wide memorandum of some things cities should think about for planning for budgets and the following year. Administrator Statz stated that one of the issues collection of property taxes and they may not be at the same levels as individuals have been unemployed and may become delinquent. He stated that the City is highly dependent on property taxes. He stated that both he and Bruce have not seen that revenue stream dry up or effect the City in a long meaningful way. Administrator Statz stated that the City just received information that its percentage of collection rate for property taxes was quite high and it was Page 7 of 19 City of Centerville Council Meeting Minutes December 9, 2020 anticipated that in 2021 it would be equally as high. He stated that he felt that this recession is different than in 2008 is that home values have remained home and people will not walk away from them. He stated that those concerns were addressed within the budget and Staff did a significant amount of work working on cash flow and property taxes eventually get paid what is more critical is cash flow in short term and Staff built in contingencies and he felt that the City is well positioned. Mr. King asked if the League was involved in the City Finance Director DeJong stated that the City relies on the League for guidance in regards to state law, budget guides for Finance Directors, Clerks and publication regulations. Mr. King thanked Finance Director DeJong and stated that he liked the presentation. Mayor Love called for public comment. He stated that the hearing would remain open. VI. APPROVAL OF THE MINUTES 1. August 26, 2020 City Council Work Session & Council Meeting Minutes Mayor Love provided an opportunity for members to make corrections or additions. Motion by Council Member Wilharber, seconded by Council Member Montain to Approve the August 26, 2020 City Council Work Session & Council Meeting Minutes as Presented. A roll-call vote was taken. Mayor Love and Council Members Koski, Lakso, Montain, & Wilharber voted in favor. Motion carried. VII. CONSENT AGENDA 1. City of Centerville Claims through December 9, 2020 (Check #34391-34432) & (1611E-1619E) & Voided Check #34390 & 34349 2. Centennial Lakes Police Department Claims through November 25, 2020 (Check #13481-13526), E2020043-2020046, Payroll Check #13498-13500 3. Centennial Fire District Claims through November 24, 2020 (Check #8947-8952) 4. Accepting Resignation of Misters Haiden & Darrin Mosher from the Planning & Zoning Commission and Declaring Two Vacancies 6. Tobacco License Renewals a. Corner Express, 1990 Main Street b. CenterMart, 1801 Main Street 7. Liquor License Renewals th a. SCAT Properties DBA Wise Avenue (On Sale & Sunday) th Avenue (Off Sale) 8. 2021 Meeting Calendar 9. LOC Reduction Requests a. Bay View Villas nd b. Old Mill Estates 2 Addition Platting Centerville Elementary School Addition Page 8 of 19 City of Centerville Council Meeting Minutes December 9, 2020 Mayor D. Love provided an opportunity for Council to add or remove any item(s) to/from the consent agenda. Administrator Statz added that in the packet it stated that Staff was waiting for several background checks, we have received them and there were no concerns at this time and all licenses are being recommended by Staff for approval. Council Member Koski requested that Item #4 be pulled for comment. Motion by Wilharber, seconded by Council Member Montain to Approve Consent Agenda Items 1-3 & 5-11 as Presented. Mayor Love and Council Members Koski, Lakso, Montain, & Wilharber voted in favor. Motion carried. Council Member Koski stated that two (2) members of the Planning & Zoning are resigning and acknowledged Mr. Mark Haiden who will be moving out of state as he has 12-13 year on both the Parks & Recreation Committee and Planning & Zoning Commission. He desired to thank him for his years of dedicated service, he also stated that he will be greatly missed and wished him well. He also desired to thank Mr. Darrin Mosher for his 13-14 years of serving on the Commission and stated that he is stepping into City Council. He also thanked him for his dedicated service and stated that the Commission will also miss him. Mayor Love was also going to thank the members and stated that Mr. Mosher has been the Chair of the Commission ever since Mayor Love left the Commission and had done an admiral job and they will be missed. He stated that the City is looking forward in receiving applications. Motion by Council Member Koski, seconded by Council Member Wilharber to Adopt Consent Agenda Item #4 as Presented. Council Member Wilharber concurred with Council Member Koski in regards to the resignations of the individuals and their services. A roll-call vote was taken. Mayor Love and Council Members Koski, Lakso, Montain, & Wilharber voted in favor. Motion carried. VIII.OLD BUSINESS 1. City Attorney Glaser stated that the Committee would like to request that Council consider what Mayor Love has been providing for several months as a monthly performance review of the City Administrator. Attorney Glaser stated that the reviews have not been forwarded to the Administrator as this was not the policies. He stated that the Personnel Committee is requesting that Council allow this. Mayor Love stated that discussion was had at Administrator Statz stated that he would like to receive these on a monthly basis. Administrator Statz stated that he is in favor of the change and cautious with this request and all are used to having a congenial Council and when there becomes a division they should review of the practice. Page 9 of 19 City of Centerville Council Meeting Minutes December 9, 2020 He also stated that review by all Council Members would ensure something is not being mischaracterized or things being missed. He also stated that his review is to be completed by the entire Council and the Mayor echoes these same thoughts. He stated that the Mayor could be the primary conduit to receive input and that the rest of Council does not feel like he is not receiving undue influence. Mayor Love stated that the review will go through the Personnel Committee and then on to Administrator Statz. He stated that any Council Member can provide feedback. Attorney Glaser advised Council that these comments should be forwarded to him so that there are no Open Meeting Law violations. Council Member Montain provided no comments. Council Member Koski asked if this change the Section 31.03b change City Code or is this policy. City Attorney stated requesting permission and not a Code change. Council Member Lakso asked the process for stopping the process, would it be by request to be sensitive to Council being amicable or not. How dial back. City Attorney stated that Council could place a time limit on it now or propose conditions this evening. Council Member Lakso stated that it would not cross anompted every year on the Agenda. The Personnel Committee exists and would feel better to revisit annually as a Council as members could change, the tone of Council could change, it could become a burden to complete on a monthly basis and that would be unfair/not honoring stated that Personnel Committee/Council will complete a year-end review and at that time discussion whether the process should continue or be modified. Administrator Statz stated that it seemed appropriate that it happen with his Annual Review and the review of the process also. Council Member Wilharber stated a good idea as a policy change. Motion by Council Member Wilharber, seconded by Council Member Montain to Approve the Personnel Board Creating & Giving the City Administrator a Monthly Performance Review. Mr. Steve King, 1724 Sorel Street, asked how this procedure would be implemented. Attorney Glaser stated that the Mayor has been completing similarly to private industry and applying it here. He also stated that the system in place had been that the Administrator had been reviewed annually and the Committee had not been giving these to him. The Committee felt that due to timeliness it would be important to give to him on a monthly basis. He stated that permission has not been granted by Council so the Administrator has not been receiving. Council Member King suggested quarterly. City Administrator Statz stated that he and the Mayor would like to continue the monthly review. He stated that the remainder of Council can add to it or review it for appropriateness. He also stated that if Mayor Love was no longer Mayor and that individual was not as passionate the process would need to be flexible or modified. Mayor Love asked if City Administrator Statz would be sharing the review with the rest of Council or how it would be handled. Attorney Glaser stated that as it is confidential to the employee and no serial Open Meeting Law violations and that he was the best person to deliver and obtain information for the process. A roll-call vote was taken. Mayor Love and Council Members Koski, Lakso, Montain, & Wilharber voted in favor. Motion carried. 2. Page 10 of 19 City of Centerville Council Meeting Minutes December 9, 2020 Attorney Glaser stated that the City Administrator has an annual contract and he took the previous tcome of his Annual Performance Review which included the pay increase ($120,000 Annual Salary) and notice period for terminating employment with the City (60 days). Motion by Council Member Wilharber, seconded by Council Member Montain to Approve as Submitted. A roll-call vote was taken. Mayor Love and Council Members Koski, Lakso, Montain, & Wilharber voted in favor. Motion carried. IX. NEW BUSINESS 1. Motion by Council Member Montain, seconded by Council Member Lakso to Close the Public Hearing at 7:28 p.m. A roll-call vote was taken. Mayor Love and Council Members Koski, Lakso, Montain, & Wilharber voted in favor. Motion carried. Motion by Council Member Wilharber, seconded by Council Member Koski to Approve Res. #20-028 - Adopting Final Budget and Tax Levies for 2021. A roll-call vote was taken. Mayor Love and Council Members Koski, Lakso, Montain & Wilharber voted in favor. Motion carried. 2. Personal Time Off (PTO) Carryover Extension Request Administrator Statz stated that the vacation reques (three elections, COVID, etc.) and requested that staff be allowed to carry over up to two (2) weeks of vacation which would need to be utilized by March 31 as several staff members are in danger of losing PTO if unable to carry it over. He st through pandemic and he felt that this would be a way to reward them. Mayor Love asked if this was something that was done last year and Administrator Statz stated no. Council Member Koski stated several years this has been happening and becoming a practice. He does understand but he does not get that privilege working in the private sector and he is puzzled as to why it is happening. Council Member Wilharber stated that the City has a small amount of staff, goes back for years and things come up. Motion by Council Member Wilharber, seconded by Council Member Montain to Approve Personal Time Off (PTO) Carryover of Up to Two (2) Weeks From 2020 to 2021 to be Utilized by March 31, 2021. Mayor Love asked City Administrator Statz whether there was a way to make our existing policy to make other options available going forward such as putting into a retirement benefit or other options. Administrator Statz stated that he was happy that he did not need to bring this before you last year. He stated that it is an unprecedented time and he views it as some things are predictable; regular elections; however there was a Special County Election and COVID are not predictable. He stated that he felt that this was appropriate this year and not bring back next year. He also Page 11 of 19 City of Centerville Council Meeting Minutes December 9, 2020 stated that two (2) days are allowed to be placed in a Health Care Savings Plan. He also stated that this is over what we are allowed to bank. He believes that the banking of PTO is a benefit to staff, their continuity and having a very stable staff is a nice offering if a need should arise for an extended absence. Mayor Love stated that he did not want staff to lose benefits and maybe within the first quarter. City Administrator Statz stated that he did not believe anyone could not take within the time period. A roll-call vote was taken. Mayor Love and Council Members Koski, Lakso, Montain & Wilharber voted in favor. Motion carried. 3. On-Sale Liquor License Rebates Administrator Statz stated that he attempted to keep the item simple in the idea this was completed in April when bars and restaurants were shut down for an extended period of time. He stated this was prior to the 50% capacity model. He stated that recently, bars and restaurants that they could not be open except for carryout which their licenses because useless. He stated it was approved last time and felt similar circumstances and rebate fo and wait to end of year and contingent on through end of year or how long the order last. It would be nice to extend the courtesy this time around also. Council Member Wilharber asked about discounting 2021. City Administrator Statz stated gave a rebate in 2020 and just renewed for 2021 and only charging 50% of licensing fees. Council Member Koski stated a good idea to help businesses and that we appreciate them. Discussion ensued regarding the proration as Council Member Montain had questions. Mayor Love asked if coming out tor stated yes. Mayor Love stated that since into December and how much money if rebated to the end of the month. City Administrator said 1/12 of license for year. Mayor Member Koski stated already discounting 2021 fee by 50% and if everything back to normal on March 1 they are getting a nice discount. Motion by Council Member Koski, seconded by Council Member Wilharber to Approve A License Fees Based on the Number of Weeks the Government Shut-Down of Bars is Mandated, Through the End of 2020 as Presented. A roll-call vote was taken. Mayor Love and Council Members Koski, Lakso, Montain & Wilharber voted in favor. Motion carried. 4. Cancel December 23 City Council Meeting Administrator Statz stated that a large amount of items were placed on the Agenda in anticipation that all needs would be met for the year. He stated that staff is confident that there would not be issues and with the policy in place to make routine expenditures/checks without Council approval and that financial account of same would meeting auditing requirements. Motion by Council Member Koski, seconded by Council Member Lakso to Cancel the December 23, 2020 Regularly Scheduled Council Meeting. A roll-call vote was taken. Mayor Page 12 of 19 City of Centerville Council Meeting Minutes December 9, 2020 Love and Council Members Koski, Lakso, Montain & Wilharber voted in favor. Motion carried. 5. Metro I-Net JPA Administrator Statz stated that for a number of years Metro I-Net has been contracted to provide the City with IT services and prior to that we had our own server. He explained that in the past this has been a program offered by the City of Roseville to serve cities, Police and Fire Departments, and similar organizations. He stated that the City of Roseville no longer desires to house the services and a Joint Powers Agreement has been drafted to allow all entities who belong to the consortium to continue through a JPA. He reported that all members were in favor of this. He stated that the consortium desires to continue to keep costs reasonable. He also stated that IT changes on a daily basis and do we jump in for five (5) years. He stated that he believed that the JPA is well-structured and something the City should take advantage of. He reported that the City would not be heavily invested if they desired to cease the agreement. City Administrator Statz stated that he believed that this was a good thing and well structured. Attorney Glaser stated that the City would be a part of operating a new business and would require a Member of Council to sit on the Board. He stated that it is nice benefit for the City. Finance Director DeJong stated that this service has been going on for 20 years and has been a very stable organization and continue with the group. He stated that he felt that it was into continue with the JPA and services provided. He stated that there were no profit margins built in and at cost to member cities which include salaries and no overhead built in and a much better deal than the commercial market. He believed it was also a benefit for the City. Council Member Montain stated that he was a part of the vote for the transition to work with them, works with the on a daily basis and the best bang for the buck. Council Member Koski asked how many cities. Finance Director DeJong stated that he thought there were 50 different agencies along with Watershed Districts and other associations. He asked if it was difficult to cease and get out of the JPA. Attorney Glaser stated that the City would forfeit the assets contained in the JPA but as a new member you also assume them for free. He stated that notice must be given and the timing that the budget is announced right before you have to determine whether to stay or provide notice to leave is good timing and orderly. Council Member Koski asked if the $28,000 which was $5,000 over the previous year was going to pay fo fair jump from last year and reflective of a jumping off point and conservatism with budget and this was a starting part and a choice made on an annual basis. The board of members will be hesitant to buy a lot of stuff that you cannot get back if you leave. He stated that attempts are being made to lease everything and all have same goal not to make difficult not to get out. Council Member Lakso asked if there was a letter earlier in the year asking for members support on whether in out of something like this. Administrator Statz stated yes. Council Member Lakso stated that these services are invaluable and she is in support of this and the costs is fair. Council Member Wilharber stated looks like 35 members presently in what he read but he had questions regarding Section 4.1 which discusses Board of a Director. Administrator Statz stated that so far been operating with a member of staff as voting on JPA. Directors shall be Chief Executive Officer (City Administrator) and he stated that he designated Finance Director DeJong in his place and they were fine with that. Mayor Love stated that he was slightly disappointed with the voting structure but agreed with Council Members Montain and Lakso that it was a good thing for the City. Page 13 of 19 City of Centerville Council Meeting Minutes December 9, 2020 Motion by Council Member Montain, seconded by Council Member Lakso to Approve Metro-I Net JPA as Presented. A roll-call vote was taken. Mayor Love and Council Members Koski, Lakso, Montain & Wilharber voted in favor. Motion carried. 6. Change Order #3 City Hall Renovation Projec & Kitchenette Administrator Statz stated as the renovation to City Administrative offices has moved along several items have come forward and should be addressed with lighting. He stated that the kitchenette could use a light over the sink and the three (3) new offices were not originally designated for dimmer switches. He stated that the move to LED and is an even bright light and is much different for some individuals and they would like to have the ability to dim the lighting levels. Council Member Montain stated that a lamp could be utilized instead of dimmer switches and that they should have been a part of the bid and understand the light above the sink. Mayor Love stated that if the lights are too bright and causes headaches and just turning them off and having a lamp from an office standpoint but in a specified office see that this is needed. Mayor Love asked if the expenditure was coming out of the General Fund. Administrator Statz concurred. Motion by Council Member Wilharber, seconded by Council Member Lakso to Approve Change Order #3, City Hall Renovation Project Kitchenette as Presented. A roll-call vote was taken. Mayor Love and Council Members Koski, Lakso, Montain & Wilharber voted in favor. Motion carried. 7. Rehbein Black Dirt Interim Use Permit Administrator Statz stated as discussed in the Work Session and staff is proposing a new IUP functioning similar to the existing IPU with a two (2) year extension except for the caveat of after year one (1) year the requirement for a Letter of Credit in the amount of $2/cubic yard of material left on site in a stockpiled manner. He explained that the operator of the site has stated that the existing conditions are approximately 12,000 cubic yards of common fill or dirt and not topsoil, another pile of 35,000 yards of common fill and in the middle of those piles there is another pile of 30,000 yards of topsoil. The stated that the area near Fairview Street has been completed and ready to go. He stated that the area worked on last summer is mostly completed. He stated that the discussion at last evenings Planning & Zoning Commission was to require a Letter of Credit up front and then there was a compromised solution and have the summer of 2021 to get most of the material either hauled away or in compliance with City Code. He stated that they were given at if this were the case, an IUP or LOC would not be needed. He also stated that if it were not in compliance in year two (2) as small requirement for the LOC with a smaller stockpile and remain operating the dirt operation a LOC of $20,000- $24,000 was a fair compromise. He reported that the owner and representation was comfortable with the agreement. City Administrator Statz stated that Mr. Matt Rehbein and Mr. John Rausch were both participating in the meeting this evening and if desired the Mayor could take comment from them. City Administrator Statz stated that he primarily outlined the proposed IUP. Page 14 of 19 City of Centerville Council Meeting Minutes December 9, 2020 Attorney Glaser explained the changes in the old IUP and stated that the first change is to remove the old IUP, language regarding ingress and they have agreed to repair some damage to the streets and they have agreed. He stated that we have given them a year to remove all materials within a year and if completed no LOC is needed and we are providing them an incentive to complete on their own, but if they have not removed the materials after that an estimate will be made of the materials on site and a security requirement of $2/cubic yard and they will issue a LOC to the City. He stated that then they will have another full year to fully remove materials. He stated that if not fully removed by January 1 of 2023 the City will use there LOC and the City has a year to remove the material. They do have the ability to request an extension if it is economically necessary. Attorney Glaser stated that putting this much dirt on the site was not something that should have been allowed to begin, but with the agreement the City can control the operation and if there is a good economic reason to continue it operation that can be done also. He also reported that if the operator fails to comply, the City has the ability to make the site pad ready with the LOC. Council Member Montain asked when get into an agreement and understanding it. It is a business that is being restricted and that is not the propert and LOC are expensive. Their end result is to develop the property and not leave it. He stated that he desired to hear comments from the property owner however. Them leaving dirt is not a concern st part we have been receiving money without providing services for the parcel. Council Member Koski stated he made comments earlier in the Work Session and the Planning & Zoning Commission heard a lot of discussion. He stated that at the same time have to protect residents and City. He agrees that the Rehbey but they are comfortable with agreement and the current use is non-conforming. and appreciate landowners and have something equitable for everyone. Council Member Lakso stated that see agrees with what is being said, but with passed bility and rights. She felt if they agreed and she would like to hear from the property owner. Council Member Wilharber stated that he earlier disagreed with continuing the IUP and following listening to Counci I concur. Mayor Love stated that following meetings with the Re re good stewards of Centerville and their land rights. He stated that the City does have rules and regulations for types of businesses and where they are located. are in line and with the three deals north of Main Street (apartment, senior facility and Kwik Trip). Spent a lot of time and site plans. Mr. Gerald Rehbein and Mr. Gordy Rehbein do not want to run a dirt pit. away from the property but the property would not go tax forfeit as it would go to their heirs. He stated that if the market stays the same, this property will be sold shortly. Mr. Matthew Rehbein stated that his Dad will be 80 in January and his Uncle will be 72 and they want to take advantage of the monies that will be walking away from this property. He stated that Mr. Gerald Rehbein did not originally agree to the LOC but then did. Mayor Love thanked Misters John Rausch and Matthew Rehbein for their comments. Page 15 of 19 City of Centerville Council Meeting Minutes December 9, 2020 Council Member Montain biggest thing that they were in support of it and he never believed that they would walk away or let go tax forfeit. If they do not believe a year is enough and if they have support and in line. He stated that from a City standpoint we would also like it developed from a tax base standpoint. Mr. John Rausch stated that it is worth noting the amount of work that had been completed over e this land for sale. He stated larger companies like Amazon do not have the foresight with real estate and not looking forward with their real estate needs. If twelve months in the past no one would have seen COVID and really hard to look twelve months forward and if land not pad ready they will not consider in their needs. Mayor Love stated that he thinks the landowners do want to remove the soils and as a City we just need them to be conforming. Motion by Council Member Koski, seconded by Council Member Wilharber to Approve the Interim Use Permit for Rehbein Black Dirt as Presented by the City Attorney Glaser Presented. A roll-call vote was taken. Mayor Love and Council Members Koski, Lakso, Montain & Wilharber voted in favor. Motion carried. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. Administrator Statz stated that his report was contained in the packet and that he would be happy to answer any questions that Council may have. Still targeting February 1 to open City Hall to the public. He stated that at this time, City Hall would not be fully staffed but enough to do business. He stated that the renovations will be completed by mid-January except for the audio/visual. He stated that he had emailed the Anoka County Historical Society regarding get the history niche taken care of February 1. He also stated that he was unsure whether Committee/Commission/Council meetings would be taking place as he did not want to predict more than a month out with COVID requirements. City Attorney Glaser stated that prosecutions were ramping up cases that they are holding and that there were no in person hearings as of yet. He stated that he was hopefully that jury trials would be taking place in the summer. Finance Director DeJong stated the CARES Act submittal that nothing had been change from the November report. He stated that staff continues to code items to those emergency codes and if there are additional funds the information will be easily reported. Council Reports a. Lakso i. No report was given as she was unable to attend. She did report that Council Member Wilharber attended in her absence and she thanked him. Page 16 of 19 City of Centerville Council Meeting Minutes December 9, 2020 ii. Centennial Fire Distri No report was given. iii. No report was given. b. stated that he received a phone call and a text message regarding the speed on Main Street and he understood that it was the County who was responsible for the speed but many people are attempting to cross the roadway and cars are not stopping. He asked if something could be done with marking, etc. He stated that in a closing note he desired to thank Council Member Montain for his years of service, on the Police Committee, North Metro TV and P & Z, but especially for being a Firefighter. He thanked Council for the last nine (9) months along with consultants. He wished the Council the best going forward, stated that they had came a long way and wished newly elected Darrin Mosher and returning Council Member King the best of luck. i. Economic Development Authority stated that Mr. Jeff Gilmore, Excipio Consulting spoke about data center and what they are looking for. He stated that two (2) business owners were looking to join the EDA. He stated that discussion took place regarding a Business Directory. Administrator Statz stated that he did not notify Council Members of the P & R meeting. He stated that he would provide the update as the two (2) annual skate nights had been scheduled for January 8 and February 6 from 6 p.m.-9 p.m. unless the ated that things would be done differently with no popcorn being served, etc. He also stated that the Adopt the Garden Program volunteers and a number have been assigned. He stated that Emem Akpan had been appointed to fill the Committee. He stated that two candidates have submitted for the EDA. c. i. Council Member Koski reported that lengthy discussion had been had regarding the meeting previously. He also stated that Commission Members Haiden and Mosher had resigned from the Commission and the Commission Member Broussard Vickers was appointed Chair and Commission Member Fehrenbacher was appointed Vice-Chair. ii. Centennial Fire District Steering Committee d. Montain time that he has been on Council. He stated that when he started he was 24 years old and how quick this go. He thank the public for electing him and allowing him to serve. i. No report was given ii. North Metro Telecommunications Commission Montain reported that the December meeting had been cancelled. e. Mayor Love for his years of service as a Fire Fighter, Council Member and Planning & Zoning Commissioner. He read a letter and thanked him and stated that he would be greatly missed. Mayor Page 17 of 19 City of Centerville Council Meeting Minutes December 9, 2020 Love stated that he would keep it simple and short and read a note of thanks for Mr. Wilharber, his wife and his family for sharing him and the City is very appreciative for everything that you have done. i. Police Governing Board ii. Economic Development Authority iii. Other Mayoral Reports Council Member Koski stated that he needed to be reminded that this was the last meeting of the year and that he desired to speak about both Council Member Montain and Council Member Wilharber. He thanked Council Member Montain for his service and stated that he hoped he would come back. He stated that he had a great deal of respect for Council Member Wilharber and a darn good person and a roll model and thank you for all you do for the community and you are so selfless. Thank you both. Council Member Lakso stated that she would when came together it felt that everyone was on the same team and the same reason to be on Council. She stated that Council would miss you and thank them for their dedication and insights. Thank you for being role models and stepping up. Mayor Love stated that both are appreciated and will be missed. XI. RECESS REGULAR CITY COUNCIL MEETING Mayor Love recessed the Regular Council Meeting at 8:52 p.m. Administrator Statz stated that he would email a message to all Council Members and Legal Counsel with separate link for the Closed Session. He also stated that if anyone desired to be notified when the Regular Meeting Reconvened to let him know. CLOSED EXECUTIVE SESSION (PURSUANT TO MINN. STAT. 13D.03 Subd. 3(b)) City Attorney Glaser read the following into the record - This portion of the meeting is closed to develop or consider strategies for labor negotiations, including negotiation strategies or development or discussion of labor-negotiation proposals for Staff to negotiate with City employees. The closure is pursuant to Minnesota State Statute Section 13D.03, subdivision 3(b) I.CALL TO ORDER 1. Roll Call Mayor D. Love called the work session to order at 8:53 p.m. Mayor D. Love, Council Members Russ Koski, Council Member Michelle Lakso, Matt Montain and Tom Wilharber were present along with City Attorney Kurt Glaser and City Administrator Statz. Page 18 of 19 City of Centerville Council Meeting Minutes December 9, 2020 II. AGENDA ITEMS 1. Discussion of Labor Union Contract Proposal NOTE: The details of the discussion during this Session remain confidential pursuant to the attorney-client privilege. III. ADJOURNMENT Motion by Council Member Lakso, seconded by Council Member Koski to adjourn the Closed Executive Session and open the Regularly Scheduled Council Meeting. A roll-call vote was taken. Mayor Love and Council Members Koski, Lakso, Montain & Wilharber voted in favor. Motion carried. The meeting was reopened to the public at 9:22 p.m. by act of the Mayor. XII. RECONVENE REGULAR CITY COUNCIL MEETING XIII. ADJOURNMENT Motion by Council Member Montain, seconded by Council Member Wilharber to Adjourn the Regularly Scheduled Council meeting at 9:23 p.m. A roll-call vote was taken. Mayor Love and Council Members Koski, Lakso, Montain & Wilharber voted in favor. Motion carried. Respectfully submitted by City Clerk, Teresa Bender. Page 19 of 19 03/18/21 1:28 PM CITY OF CENTERVILLE Page 1 Check Detail - March 24, 2021 Check DateCheck #Vender NameCommentsAmount 13/18/2021001668ETASCTO RECORD F.S.A PAYMENT$114.58 Check Nbr 001668 TASC$114.58 13/17/2021001669EMINNESOTA DEPT OF REVENUESTATE W/H - PAY PERIOD 6$833.96 Check Nbr 001669 MINNESOTA DEPT OF REVENUE$833.96 13/19/2021001670EIRS/EFTPSFED W/H - PAY PERIOD 6$2,547.97 13/19/2021001670EIRS/EFTPSFICA/MED W/H - PAY PERIOD 6$3,893.60 Check Nbr 001670 IRS/EFTPS$6,441.57 13/19/2021001671EOPTUM BANK - H.S.A.H.S.A. W/H - PAY PERIOD 6$1,282.81 Check Nbr 001671 OPTUM BANK - H.S.A.$1,282.81 13/18/2021001672EPERAPERA W/H - PAY PERIOD 6$3,515.08 Check Nbr 001672 PERA$3,515.08 13/18/2021001673EMINNESOTA DEPT OF REVENUECOMM WATER SALES TAX FOR FEB. 2021$62.00 13/18/2021001673EMINNESOTA DEPT OF REVENUESOLID WASTE TAX FOR GARBAGE FOR FEB. 2021$1,396.00 Check Nbr 001673 MINNESOTA DEPT OF REVENUE$1,458.00 13/24/2021033616 ABDO, EICK & MEYER, LLPCERTIFIED AUDIT SERVICES - THROUGH 2-10-21$2,833.33 13/24/2021033616 ABDO, EICK & MEYER, LLPCERTIFIED AUDIT SERVICES - THROUGH 2-10-21$2,833.33 13/24/2021033616 ABDO, EICK & MEYER, LLPCERTIFIED AUDIT SERVICES - THROUGH 2-10-21$2,833.34 Check Nbr 033616 ABDO, EICK & MEYER, LLP$8,500.00 13/24/2021033617 AFLACMARCH 2021 AFLAC$282.68 Check Nbr 033617 AFLAC$282.68 13/24/2021033618 CENTERPOINT ENERGY6970 LAMOTTE DR - SERV THRU 2-26-21$194.26 13/24/2021033618 CENTERPOINT ENERGY1880 MAIN STREET - SERV THRU 2-26-21$875.82 13/24/2021033618 CENTERPOINT ENERGY1785 PELTIER LAKE DR - SERV THRU 2-26-21$27.94 13/24/2021033618 CENTERPOINT ENERGY2085 W CEDAR ST - SERV THRU 2-26-21$939.62 Check Nbr 033618 CENTERPOINT ENERGY$2,037.64 13/24/2021033619 CITY OF CIRCLE PINESREGIONAL SAFETY GROUP - COVERS 2020 MEETINGS$222.22 13/24/2021033619 CITY OF CIRCLE PINESREGIONAL SAFETY GROUP - COVERS 2020 MEETINGS$222.22 13/24/2021033619 CITY OF CIRCLE PINESREGIONAL SAFETY GROUP - COVERS 2020 MEETINGS$222.23 Check Nbr 033619 CITY OF CIRCLE PINES$666.67 13/24/2021033620 CITY OF HUGOROAD SALT$4,094.00 Check Nbr 033620 CITY OF HUGO$4,094.00 13/24/2021033621 DELTA DENTALAPRIL 2021 DENTAL INS.$449.95 Check Nbr 033621 DELTA DENTAL$449.95 13/24/2021033622 GENERAL REPAIR SERVICELIFT STATION CHECKS FOR LS1, 2, 3, & 4$1,846.99 Check Nbr 033622 GENERAL REPAIR SERVICE$1,846.99 13/24/2021033623 HACH COMPANYSUPPLIES$171.38 Check Nbr 033623 HACH COMPANY$171.38 13/24/2021033624 INSTRUMENTAL RESEARCH INC2021 FEB. WATER TESTING & MANGANESE - CITY SAMPLES$277.50 Check Nbr 033624 INSTRUMENTAL RESEARCH INC$277.50 13/24/2021033625 INTERNATIONAL UNION OF OPERATIMARCH 2021 UNION DUES$105.00 Check Nbr 033625 INTERNATIONAL UNION OF OPERATI$105.00 13/24/2021033626 LEAGUE OF MN CITIESR. KOSKI 2021 ELECTED LEADERS INSTITUTE ADVANCE PROG$95.00 Check Nbr 033626 LEAGUE OF MN CITIES$95.00 13/24/2021033627 LENDSERV - BLOOMINGTON 21537 PELTIER LAKE DR - REFUND ON OVER PYMT ON FINAL $80.94 Check Nbr 033627 LENDSERV - BLOOMINGTON 2$80.94 13/24/2021033628 LINCOLN NATIONAL LIFE INSURANCAPRIL 2021 - LONG TERM DISABILITY INS$333.22 Check Nbr 033628 LINCOLN NATIONAL LIFE INSURANC$333.22 13/24/2021033629 MARCO TECHNOLOGIES, LLC.BASE RATE CHARGES THRU 5-31-21 & CONTRACT SERV THRU$1,216.24 Check Nbr 033629 MARCO TECHNOLOGIES, LLC.$1,216.24 13/24/2021033630 MARCO, INC.STANDARD PAYMENT FOR COPIER$222.42 03/18/21 1:28 PM CITY OF CENTERVILLE Page 2 Check Detail - March 24, 2021 Check DateCheck #Vender NameCommentsAmount Check Nbr 033630 MARCO, INC.$222.42 13/24/2021033631 MET. COUNCIL ENV. SERV. (SDS)WASTE WATER SERVICES THRU APRIL 2021$18,897.22 Check Nbr 033631 MET. COUNCIL ENV. SERV. (SDS)$18,897.22 13/24/2021033632 NATIONWIDE RETIREMENT SOLUTIONDEF. COMP W/H - PAY PERIOD 6$1,083.33 Check Nbr 033632 NATIONWIDE RETIREMENT SOLUTION$1,083.33 13/24/2021033633 PRESS PUBLICATIONSORD. #112 TO REGULATE TARGETED PICKETING IN RESIDEN$138.24 Check Nbr 033633 PRESS PUBLICATIONS$138.24 13/24/2021033634 REPUBLIC SERVICES, INC.MARCH 2021 GARBAGE SERVICES$17,014.83 13/24/2021033634 REPUBLIC SERVICES, INC.MARCH 2021 RECYCING SERVICES$4,537.10 Check Nbr 033634 REPUBLIC SERVICES, INC.$21,551.93 13/24/2021033635 RESULTS TITLE1755 MEADOW LANE - OVER PD FINAL UT BILL$39.39 Check Nbr 033635 RESULTS TITLE$39.39 13/24/2021033636 SAFEGUARD SECURITYMONTHLY FIRE ALARM MONITORING W/SERVICE PLAN$44.95 Check Nbr 033636 SAFEGUARD SECURITY$44.95 13/24/2021033637 SUN LIFE INSURANCE COMPANYAPRIL 2021 SHORT TERM DISABILITY INS.$151.78 13/24/2021033637 SUN LIFE INSURANCE COMPANYAPRIL 2021 LIFE INSURANCE$99.39 Check Nbr 033637 SUN LIFE INSURANCE COMPANY$251.17 13/24/2021033638 TD STEFFEN, INC. DBAMN LOGO-BLUE LOGO SIGN PROGRAM REIMBURSEMENT$2,264.30 Check Nbr 033638 TD STEFFEN, INC. DBA$2,264.30 13/24/2021033639 TITLE SMART INC1980 MAIN ST - OVER PD FINAL UTILITY BILL$45.62 Check Nbr 033639 TITLE SMART INC$45.62 13/24/2021033640 VERIZONCELL PHONE - SERV THRU 3-9-21$52.21 13/24/2021033640 VERIZONCELL PHONE - SERV THRU 3-9-21$52.21 13/24/2021033640 VERIZONCELL PHONE - SERV THRU 3-9-21$52.20 13/24/2021033640 VERIZONCELL PHONE - SERV THRU 3-9-21$52.20 Check Nbr 033640 VERIZON$208.82 13/24/2021033641 XCEL ENERGY1745 MAIN ST - SERV THRU 3-7-21$19.43 13/24/2021033641 XCEL ENERGY1682 MAIN ST - SERV THRY 3-7-21$134.50 13/24/2021033641 XCEL ENERGY6970 LAMOTTE DR - SERV THRU 3-6-21$979.14 13/24/2021033641 XCEL ENERGYCREDIT - 1880 MAIN STREET-$78.09 13/24/2021033641 XCEL ENERGY1880 MAIN ST - SERV THRU 03-09-21$1,042.50 13/24/2021033641 XCEL ENERGY1880 MAIN ST- CITY HALL/FIRE STATION - SERV THRU 03-29$613.76 13/24/2021033641 XCEL ENERGYCREDIT - 7285 MAIN ST - SERV THRU 3-7-21-$146.13 13/24/2021033641 XCEL ENERGY1600 LAMOTTE DR - BALLFIELD LIGHTS - SERV THRU 3-6-21$186.06 13/24/2021033641 XCEL ENERGY1889 CENTER ST - SEWER LIFT - SERV THRU 3-9-21$32.28 13/24/2021033641 XCEL ENERGYCREDIT - 7300 LAMOTTE DR - SERV THRU 3-6-21-$236.40 13/24/2021033641 XCEL ENERGY1600 LAMOTTE DR - WARMING HOUSE - SERV THRU 3-7-21$147.76 13/24/2021033641 XCEL ENERGY1875 FOX RUN - PUMP - SERV THRU 3-6-21$167.43 13/24/2021033641 XCEL ENERGYSTREET LIGHTS - SERV THRU 03-08-21$2,044.21 13/24/2021033641 XCEL ENERGY1601 LAMOTTE DR - SERV THRU 3-7-21$19.32 13/24/2021033641 XCEL ENERGY7098 CENTERVILLE RD - SERV THRU 3-7-21$19.32 Check Nbr 033641 XCEL ENERGY$4,945.09 $83,495.69 CENTENNIAL LAKES POLICE DEPTCheck Register - POLICEPage: 1 Check Issue Dates: 3/12/2021 - 3/18/2021Mar 18, 2021 11:23AM Report Criteria: Report type: Summary Check NumberCheck Issue DatePayeeAmount 1371903/18/2021AMAZON47.87 1372003/18/2021CENTENNIAL UTILITIES1,327.54 1372103/18/2021CONNEXUS ENERGY2,330.05 1372203/18/2021DON'S CIRCLE SERVICE226.73 1372303/18/2021HOLIDAY STATIONSTORES, LLC3,299.51 1372403/18/2021MMKR INC4,300.00 1372503/18/2021MY HOLDINGS INC168.00 1372603/18/2021POPP COMUNICATIONS62.02 1372703/18/2021SHI INTERNATIONAL CORP592.45 202101103/18/2021DEARBORN NATIONAL1,818.99 202101203/18/2021HEALTH PARTNERS10,927.02 Grand Totals: 25,100.18 M = Manual Check, V = Void Check CENTENNIAL LAKES POLICE DEPTCheck Register - POLICEPage: 1 Check Issue Dates: 3/5/2021 - 3/11/2021Mar 11, 2021 02:04PM Report Criteria: Report type: Summary Check NumberCheck Issue DatePayeeAmount 1370103/11/2021ANOKA CO TREASURY OFFICE17,333.00 1370203/11/2021CENTURY LINK124.94 1370303/11/2021CONSOLIDATED COMMUNICATIONS400.66 1370403/11/2021DELL MARKETING L.P.2,637.76 1370503/11/2021LEAGUE OF MN CITIES INS TRUST104,097.00 1370603/11/2021LOFFLER COMPANIES120.00 1370703/11/2021MARIE RIDGEWAY LICSW, LLC920.00 1370803/11/2021METRO SALES, INC118.48 1370903/11/2021MY HOLDINGS INC168.00 1371003/11/2021NAC1,904.00 1371103/11/2021OFFICE OF MN IT SERVICES40.60 1371203/11/2021POST BOARD90.00 1371303/11/2021QUILL LLC64.97 1371403/11/2021CITY OF ROSEVILLE4,527.75 1371503/11/2021SHI INTERNATIONAL CORP289.00 1371603/11/2021TRANSUNION RISK & ALTERNATIVE75.00 1371703/11/2021TWIN CITY GARAGE DOOR CO, INC100.00 1371803/11/2021VERIZON WIRELESS1,160.63 Grand Totals: 134,171.79 M = Manual Check, V = Void Check CENTENNIAL FIRE DISTRICTCheck Register - FIREPage: 1 Check Issue Dates: 3/5/2021 - 3/23/2021Mar 19, 2021 09:26AM Report Criteria: Report type: Summary Check NumberCheck Issue DatePayeeAmount 903403/23/2021ANCOM COMMUNICATIONS, INC324.50 903503/23/2021CAMPION, BARROW & ASSOCIATES440.00 903603/23/2021CENTENNIAL UTILITIES814.23 903703/23/2021CONNEXUS ENERGY502.92 903803/23/2021EMERGENCY APPARATUS MAINT, INC5,975.83 903903/23/2021LEAGUE OF MN CITIES INS TRUST44,034.00 904003/23/2021MMKR, INC4,300.00 904103/23/2021MN Fire Service Certification Board120.00 904203/23/2021PERFORMANCE PLUS LLC339.00 904303/23/2021PEARSON EDUCATION, INC3,164.92 904403/23/2021CITY OF ROSEVILLE1,436.15 904503/23/2021GEORGE WESSMAN50.18 904603/23/2021AARON ROLLINGS30.50 202100503/23/2021US BANK1,853.45 Grand Totals: 63,385.68 Payroll Checks #9029-9033 M = Manual Check, V = Void Check CENTENNIAL FIRE DISTRICTCheck Register - FIREPage: 1 Check Issue Dates: 2/24/2021 - 3/4/2021Mar 04, 2021 12:48PM Report Criteria: Report type: Summary Check NumberCheck Issue DatePayeeAmount 902003/04/2021ANOKA COUNTY TREASURY DEPT.112.50 902103/04/2021CAPSTONE3,346.00 902203/04/2021CENTENNIAL UTILITIES534.64 902303/04/2021FIRE SAFETY USA, INC907.49 902403/04/2021MMKR, INC1,500.00 902503/04/2021PERFORMANCE PLUS LLC1,107.00 902603/04/2021VERIZON WIRELESS70.02 902703/04/2021WEX BANK291.66 902803/04/2021MICHAEL WEBER29.47 Grand Totals: 7,898.78 M = Manual Check, V = Void Check CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: March 24, 2021 Administration VIII.1 TITLE OF ISSUE: Block 7 Memorandum of Understanding - Centra Homes BACKGROUND AND SUPPLEMENTAL INFORMATION: Attached, you will find a draft Memorandum of Understanding (MOU) for review and approval. This document simply outlines the parameters with which we intend to negotiate a development agreement with Centra Homes. It is non-binding, but allows both parties a level of commitment that facilitates progress. Centra Homes' proposal (response to our Request for Proposals) is also attached to this agreement for reference and is the basis for the MOU. COST AND SOURCE(S) OF FUNDING: No binding commitment of cost at this time. REQUESTED COUNCIL ACTION: Motion to approve the Memorandum of Understanding between the City and Centra Homes, for the construction of a townhome style development on the City-owned Block 7 propoerty. SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Centra Homes' Proposal, MOU Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ MEMORANDUM OF UNDERSTANDING City of Centerville and Centra Homes, LLC Whereas, the City of Centerville and Centra Homes, LLC, desire to enter into this Memorandum of Understand to further the sale and redevelopment of City-owned property known as Block 7, Centerville, Anoka County, Minnesota. The parties are not bound to each other until such time as a formal agreement enjoins the parties or this real property. Whereas, Centra Homes initially proposes to construct 24 units of attached Townhomes on Block 7, Centerville, but may, explore more or less units of similar style within the density requirements of the M-2 Zoning District; and, Whereas, the City of Centerville has provided Centra Homes, LLC with all existing documentation related to the site, including soil borings, certificates of survey, environmental reports and other similar documents and that any further information deemed necessary to complete the due diligence for the site shall be the responsibility of Centra Homes, LLC Whereas, the City of Centerville and Centra Homes agree to engage in design development discussions over the next six months, during which time the city will not seek or entertain proposals from other developers. Whereas, the City of Centerville requires that funds be escrowed to cover the costs of staff and consultants time involving the review of plans, inspection of construction, and formulating legal documents for the project in question; and, Whereas, the City requires certain fees to offset the cost of this development and to pay for the impact of the new construction on our utility systems; and; Whereas, both entities have determined and agreed the costs, fees, and land price, associated with this project and the sale of this real property shall be consistent with the Response to Request for Proposals (RFP) for Block 7 Redevelopment, submitted to the City by Centra Homes, LLC, and reviewed and recommended by the Centerville Planning and Zoning Commission on February 2, 2021. A copy of this document is attached; and, Whereas, in addition to the terms in the Response to RFP for Block 7 Redevelopment, the parties have determined and agreed as follows: develop Block 7, and these costs shall not exceed $100,000. These off-site costs may include but are not limited to a proposed streetscape plan, electrical service, or water irrigation systems in the vicinity of Block 7; Page 1 of 3 Block Grant funds tied to Block 7; Centra Homes agrees that any Homeowners Association which may govern the future development of Block 7 shall mee with the approval of the City. Centra Homes agrees to pay the City for its Engineering, Administrative and Legal fees for preparation and review of plans and documents leading up to the formal agreement and land use approvals for this development project. \[REMAINER OF THIS PAGE INTENTIONALLY LEFT BLANK\] For the City of Centerville. Approved by the City Council of Centerville on _________, 2021. _____________________________ Darion Love, Mayor Attest: _____________________________ Teresa Bender, City Clerk \[REMAINER OF THIS PAGE INTENTIONALLY LEFT BLANK\] Page 2 of 3 For Centra Homes, LLC _____________________________ David Pattberg \[REMAINER OF THIS PAGE INTENTIONALLY LEFT BLANK\] Page 3 of 3 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: March 24, 2021 Planning and Zoning IX.1 TITLE OF ISSUE: Peltier Estates BACKGROUND AND SUPPLEMENTAL INFORMATION: Sharper Homes has applied for a Preliminary Plat and Conditional Use Permit for a Planned Unit Development (PUD) to construct a 24-unit, detached townhome development. This same development was proposed approximately 3 years ago. The plat was approved, but a final developer's agreement was never signed and the plat was never recorded. Since more than one year has passed, since that time, the development should go through the approvals process again. The Planning and Zoning Commission held a public hearing on the Preliminary Plat and PUD. After hearing public input, they voted, unanimously to recommend approval of the Preliminary Plat and Preliminary PUD. Both the plat and PUD documents are preliminary. Final versions will be approved at a later date. COST AND SOURCE(S) OF FUNDING: Development will pay full fees: Park Dedication - $72,000, SAC/WAC/Stormwater with building Permit REQUESTED COUNCIL ACTION: Motion to approve the Preliminary Plat, Preliminary Planned Unit Development and the associated findings of fact. SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ application, project narative, proof of Other (specify) ____________ _____ _____ _____ _____ ownership, staff memo and draft findings _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ MEMORANDUM TO: PLANNING AND ZONING COMMISSION FROM: KURT B. GLASER, CITY ATTORNEY PHIL CARLSON, CITY PLANNER SUBJECT: PELTIER ESTATES - PUBLIC HEARING FOR PLANNED UNIT DEVELOPMENT DATE: 2/25/2021 CC: MARK STATZ, CITY ADMINISTRATOR The applicant, Sharper Communities, LLC, asks the City for a Planned Unit Development for Peltier Estates. This memo describes the procedure and standards for granting a PUD. A conditional or interim use permit shall be required of all PUDs. The city may approve the PUD if it finds the development is consistent with the following principals: (A) The development shall be planned so that it is consistent with the city comprehensive plan; (B) The PUD is an effective and unified treatment of the development possibilities on the project site and the development plan provides for the preservation of unique natural amenities such as streams, stream banks, wooded cover, rough terrain and similar areas; (C) The planned unit development proposal appears to harmonize with both existing and proposed development in the area surrounding the project site; (D) The tract of land shall be under unified control at the time of application and scheduled to be developed as one unit. In addition, the development plan must include provisions for the preservation of natural amenities; (E) Each phase of the proposed development, as it is proposed to be completed, is of sufficient size, composition and arrangement that its construction, marketing and operation are feasible as a complete unit, and that provision and construction of dwelling units and common open space are balanced and coordinated; (F) The PUD will not create an excessive burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the district; (G) The proposed total development is designed in a manner as to form a desirable and unified environment within its own boundaries; (H) The plans required under this section must be submitted in a form which will satisfy the requirements of Chapter 153 for the preliminary and final plats; (I) Permission to develop specific parcels of land under the provisions which follow shall be binding on all construction. Any change in the development plan after approval by the City Council shall be resubmitted for consideration; and (J) Subdivision review under the subdivision chapter shall be carried out simultaneously with the review of a PUD under this section. Next, the Commission must consider the facts presented during the public hearing. The relevant information follows. APPLICABLE R-2 STANDARDS The following standards apply in a R-2 zoning district: Minimum lot area is 15,000 square feet. Minimum lot width is 100 feet. Front setback is 35 feet. Rear setback is 25 feet. Side setback is 10 feet. REQUESTED VARIANCES This development is in an R-2 zoning district. The land is comprised of large areas of wetland interspersed with high ground suitable for development. These large tracks of wetland are a challenge to develop. The planners needed to alter the wetlands to join areas of high ground suitable to build houses with streets to access those homes. These areas follow the existing contours of the land. This minimizes the areas where land infill is necessary to join areas of high ground. The developer now asks for variances related to lot size and building placement to accommodate the challenge of developing this land. The developer asks for a variance from each of the R-2 standards stated above. Given the undulating nature of the proposed lots and lot configurations, there is no uniformity in their requested variances. The developer proposes to define the variances for each lot on a diagram. (This diagram will be drawn once approvals are recommended. This diagram is similar to the Grading & Drainage Plan included with this memo.) Generally stated, the requested variances are as follows. Minimum lot area. The proposed lots vary in area from 4,166 to 5,557 square feet. Minimum lot width. The proposed lot widths vary from 48.9 to 65.7 feet wide. Front setback. As proposed, the average front setback is approximately 13 feet. Rear setback. As proposed, the average front setback is approximately 10 feet. Side setback. As proposed the side setbacks are 5 feet. LOT SIZE AND SETBACKS During the design process in 2017, lot location, size, setbacks and backyard requirements were negotiated and discussed. The layout of the development shown is the result of those discussions. The developer is not proposing any changes to that layout with this application. NOTABLE FACTS In 2017, the City rezoned this parcel from R-1 to R-2. The City rezoned this parcel to accommodate this proposed development and lot configuration which are the subject of this PUD request. The Rice Creek Watershed District approved the proposed plat configuration where homes and roads follow the existing areas of high ground. It is an important goal of the City to have an interconnected roadway system. The proposed street within Peltier Estates does not connect to Brian Drive. Creating this connection through the existing wetland would be cost prohibitive and resulted in large wetland impacts that could disturb the natural function of the larger wetland complex. The developer proposes a trail and boardwalk to create a pedestrian connection with the rest of the City, enabling residents to access nearby parks and trails without walking on the county highway. The boardwalk connection minimizes wetland impacts. COMPREHENSIVE PLAN nt Plan) guides the property for Low/Medium Density Residential. The R-2 zoning district is a low-density residential district. These 24 lots are consistent with the density aspect of the Comprehensive Plan and the R-2 district, given the undevelopable wetland portions of this plat. The density of this plat will not change since the wetlands will be protected by easement against future development. CITY OF CENTERVILLE, ANOKA COUNTY, MINN. Findings and Decision regarding Conditional Use Permit/Planned Unit Development The Planning & Zoning Commission met on March 3, 2021 to hold a public hearing to consider a request of Sharper Communities, LLC for a Planned Unit Development of their property. FINDINGS: 1) The property is currently described as: The North Half of the Northeast Quarter of the Southeast Quarter of Section 14, Township 31 North, Range 22 West, Anoka County, Minnesota, except the following described property: That part of said North Half of the Northeast Quarter of the Southeast Quarter of Section 14, Township 31 North, Range 22 West, Anoka County, Minnesota, described as follows: Beginning at the Southeast corner of said North Half of the Northeast Quarter of the Southeast Quarter; thence North 125 feet along the east line of said Section 14; thence westerly 348.5 feet on a line parallel to the south line of said North Half of the Northeast Quarter of the Southeast Quarter; thence southerly 125 feet to a point on the south line of said North Half of the Northeast Quarter of the Southeast Quarter; thence easterly 348.5 feet to the place of beginning. 2) The applicant has submitted a request for a Planned Unit Development in conjunction with applications for subdivision. The proposed development provides for 24 units of detached townhomes. 3) City Code Sec 156.210 specifies that approval of a Planned Unit Development be in substantially the same form as for approval of a conditional use permit. 4) The Commission finds that the unique characteristics of this property make development difficult due to numerous wetlands on the property. 5) The Commission finds that the development could not occur at a reasonable density without some flexibility in the design of the plat, lot size, and building placement. 6) The Commission finds that development will benefit the City by granting variances to the following standards which apply in the R-2 zoning district: a) Minimum lot area of 15,000 square feet. b) Minimum lot width of 100 feet. 1 c) Front setback of 35 feet. d) Rear setback of 25 feet. e) Side setback of 10 feet. 7) The Commission finds that each element of City Code Sec 156.210, as required for approval of a Planned Unit Development, has been met by the proposed plan. RECOMMENDATION: rd The Planning & Zoning Commission, by its action on this 3 day of March 2021, recommends that the council grant approval of the Planned Unit Development, subject to the following: 1) Developer shall execute a Planned Unit Development agreement to be approved by City Council. 2) Staff recommendations are forwarded to Council with this recommendation. 3) The elements of the Planned Unit Development shall be enforced by a Conditional Use Permit which includes the following: a. The variances approved in these findings shall be set forth in a detailed survey drawing. b. Easements governing the wetlands on the Plat, for their perpetual maintenance by the homeowners, and with prohibitions against future development. c. Construction and perpetual maintenance by the homeowners of a trail connecting the development to Brian Drive. 2 CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA CONDITIONAL USE PERMIT APPROVAL OF PLANNED UNIT DEVELOPMENT 1. Permit. Subject to the terms and conditions set forth herein, the City of Centerville hereby grants approval of a Planned Unit Development for: Applicant, Sharper Communities, LLC, to develop the described property into 24 units of detached townhomes. Each lot on the Property and each townhome unit may be constructed pursuant to variances as to the following standards. Minimum lot area. Minimum lot width. Front setback. Rear setback. Side setback. The extent of each variance has been granted in the manner set forth in Exhibit A. This Permit is granted to complete the development subject the conditions set forth below. 2. Property. The permit is for the following described property: The North Half of the Northeast Quarter of the Southeast Quarter of Section 14, Township 31 North, Range 22 West, Anoka County, Minnesota, except the following described property: 3 That part of said North Half of the Northeast Quarter of the Southeast Quarter of Section 14, Township 31 North, Range 22 West, Anoka County, Minnesota, described as follows: Beginning at the Southeast corner of said North Half of the Northeast Quarter of the Southeast Quarter; thence North 125 feet along the east line of said Section 14; thence westerly 348.5 feet on a line parallel to the south line of said North Half of the Northeast Quarter of the Southeast Quarter; thence southerly 125 feet to a point on the south line of said North Half of the Northeast Quarter of the Southeast Quarter; thence easterly 348.5 feet to the place of beginning. 3. Conditions. This permit is issued subject to the following conditions: A. The Property and each lot on the Property shall be used in a manner consistent with Exhibit A as it pertains to the follow subjects: Minimum lot area. Minimum lot width. Front setback. Rear setback. Side setback. B. Developer shall dedicate easements adjoining the County road right of way along the east side of the property as required by Anoka County. C. Developer shall dedicate easements to wetlands and outlots on the Property for their use, maintenance, and protection in a manner consistent with the Permit. D. The Property shall be subject to a perpetual homeowne providing upkeep, maintenance, and protection of the outlots on the Property, the trail connecting the Property to Brian Drive, and the wetlands on the Property. Same shall be a deeded covenant for each of the 24 lots and outlots on the Property. E. The Property shall be subject to the standards and requirements of the City of Centerville, Rice Creek Watershed District, Anoka County, Army Corp of Engineers, FEMA, Minnesota DNR, and any other agency having jurisdiction over the project and shall secure and file with the City, any permits required by outside agencies. F. Approval of the elements of this Conditional Use Permit is subject to staff and city engineer review for conformance with city code and standards. 5. Criminal Penalty. Violation of the terms of this permit is a criminal misdemeanor. 4 Dated: CITY OF CENTERVILLE BY: _____________________________ Darion Love, Mayor Attest: _____________________________ Teresa Bender, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing was acknowledged before me this ___ day of _________________, 2021. by Darion Love, Mayor and Teresa Bender, Clerk of the City of Centerville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. ___________________________ Notary Public 5 Peltier Estates – Narrative Sharper Communities would like to (re)introduce Peltier Estates – a 24 unit detached townhome community. Finished lots will be sold to Sharper Homes (of the same owners), who will complete the townhome builds. Sharper Homes has a long history of building homes in Centerville, and we’re excited to get this new project under way. It is our intention to tailor this project to suit the property as best as possible. Due to minimal upland space as well as limited availability of fill material, this property is best suited for slab on grade housing. The preference for slab-on-grade helps us determine the best house style and ideal clientele, and ultimately the requirement for a planned unit development. Detached townhomes work very well in this situation. Our ideal clientele are small families or “empty nest” parents looking to downsize without the need, or desire, of a basement space or large yard. In this case, the association-maintained exterior is a major selling point. These clients are looking for a smaller, but still upscale, home in a community they are excited to be a part of. Home prices are expected to be somewhere around $500,000 and $650,000. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR PELTIER ESTATES THIS DECLARATION is made in the County of Anoka, State of Minnesota, on this ____ day of __________, 2018, by Sharper Communities, LLC, a Minnesota limited liability company Peltier Estates, a planned community. WHEREAS, Declarant is the owner of that real property located in Anoka County, Minnesota, legally described on Exhibit A, attached WHEREAS, Declarant desires to establish on the Property a plan for a permanent residential community to be owned, occupied and operated for the use, health, safety and welfare of its resident Owners and Occupants, and for the purpose of preserving the value, the structural quality, and the original architectural and aesthetic character of the Property, and WHEREAS, Peltier Estates is not subject to the Common Interest Ownership Act atutes. Peltier Estates is exempt from MCIOA pursuant to Minn. Stat. §515B.1-102(e)(2), because the units consist solely of separate parcels of real estate designed or utilized for detached single family dwellings, and the Association has no obligation to maintain any building containing a dwelling or any agricultural building, and the Declarant has not elected to subject the Property to MCIOA. WHEREAS, the Property is not subject to an ordinance referred to in Section 515B.1- 106 of MCIOA, governing conversions of common interest ownership, and WHEREAS, the Property is not subject to a Master Association as defined in MCIOA. _____ 1 022818 WHEREAS, the Property does not include any Shoreland, as that term is defined in Minn. Stat. §103F.205. THEREFORE, Declarant hereby declares that this Declaration shall constitute covenants to run with the Property described herein, and that the Property shall be owned, used, occupied and conveyed subject to the covenants, restrictions, easements, charges and liens set forth herein, which are for the purpose of protecting the value and desirability of and shall run with the Property, and shall be binding upon all persons owning or acquiring any right, title or interest in the Property, and their heirs, personal representatives, successors and assigns, and shall inure to the benefit of each owner thereof. SECTION 1 DEFINITIONS The following words when used in the Governing Documents shall have the following meanings (unless the context indicates otherwise): 1.1 shall mean and refer to any assessment for Common Expenses, determined by the Board, and levied by the Association, pursuant to the Governing Documents. 1.2 shall mean Peltier Estates corporation which has been created pursuant to Chapter 317A of the laws of the State of Minnesota. 1.3 shall mean the Board of Directors of the Association as provided for in the By-Laws. 1.4 - shall mean the By-Laws governing the operation of the Association, as amended from time to time. 1.5 shall mean the City of Centerville, a Minnesota municipal corporation. 1.6 shall be owned by the Association for the common benefit of the Owners and Occupants. The Common Elements include that real property identified as Common Elements on Exhibit A, attached hereto, and all improvements located thereon, and are further described in Section 3.1, below. 1.7 shall mean and include all expenditures made or liabilities incurred by or on behalf of the Association and incident to its operation, including without limitation allocations to reserves and those items specifically identified as Common Expenses in the Declaration or By-Laws. _____ 2 022818 1.8 shall mean the period commencing upon the filing of this Declaration and continuing until the earlier of: 1) the date Declarant no longer owns any Unit; or 2) the date Declarant voluntarily turns over control of the Association to the Owners. 1.9 shall mean a building designed and intended for occupancy as a single family residence, and located within the boundaries of a Unit. The Dwelling includes any garage attached thereto or otherwise within the boundaries of the Unit in which the Dwelling is located. 1.10 shall mean any Person owning a mortgage on any Unit, which mortgage is first in priority upon foreclosure to all other mortgages that encumber such Unit, and which has requested the Association, in writing, to notify it regarding any proposed action which requires approval by a specified percentage of Eligible Mortgagees. 1.11 "Governing Documents" shall mean this Declaration, and the Articles of Incorporation, By-Laws and Rules and Regulations, as amended from time to time, all of which shall govern the use and operation of the Property. 1.12 shall mean and refer to a builder in the business of constructing residential properties, and who has purchased one or more Units for purposes of resale of the Unit containing a completed Dwelling, and not for personal use by the builder. 1.13 shall mean and refer to all structures or improvements of any kind located on the Property, including without limitation any building, wall, fence, sign, shed, screen enclosure or screening, utilities system, communications system, security system, driveway, roadway decorative structure, planting, landscape, grading or any other type of structure or physical improvement whether the purpose is decorative or otherwise and any additions or changes thereto. 1.14 shall mean and refer to a shared community landscape irrigation system, located on the Common Elements and within the Irrigation Easement, that shall service the Units and the Common Elements, and which may include, but is not limited to, wells, pumps, filtrations systems, electrical power, housing, irrigation lines, and sprinkler heads. _____ 3 022818 1.15 shall mean and refer to an assessment levied by the Association against fewer than all of the Units in the Association pursuant to Section 6.1, below. 1.16 Limited common elements include: 1) portions of the common elements that are designated for the exclusive use of the unit owners of the unit or units to which the limited common elements are allocated, boundaries, that serve one or more but fewer than all of the units, and shall be allocated solely to the unit or units served. Limited Common Elements are subject to the rights granted to the Association herein or in a separate recorded inspect, use, repair, replace, maintain and regulate. The Limited Common Elements are further described in Section 3.2, below. 1.17 shall mean all persons who are members of the Association by virtue be used interchangeably in the Governing Documents. 1.18 shall mean any person or persons, other than an Owner, in possession of or residing in a Unit. 1.19 shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Unit except that if (i) a Unit is being sold in a contract for deed, (ii) the contract vendee is in possession of the Unit and (iii) the contract so provides, then the vendee and not the vendor shall be deemed the 1.20 shall mean a natural individual, corporation, limited liability company, partnership, trustee, other or legal entity capable of holding title to real property. 1.21 shall mean the plat of Peltier Estates, recorded in the offices of the County Recorder or Registrar of Titles, Anoka County, Minnesota, and any amendments, supplements and additions thereto, and replats thereof. 1.22 shall mean all of the real property submitted to this Declaration, which is legally described on Exhibit A, attached hereto, and including the Dwellings and all other structures and improvements located thereon now or in the future. _____ 4 022818 1.23 shall mean the Rules and Regulations of the Association as approved from time to time pursuant to Section 5.6. 1.24 shall mean and refer to an assessment levied against the Units in accordance with Section 6.3 of this Declaration. 1.25 means rights reserved in the Declaration for the benefit of a Declarant to: (i) complete improvements indicated on the Plat; (ii) subdivide Units or convert Units into Common Elements, Limited Common Elements and/or Units; (iii) maintain sales offices, management offices, signs advertising the Property, and model homes; (iv) use easements through the Common Elements for the purpose of making improvements within the Property; (v) merge or consolidate a planned community with another planned community of the same form of ownership; (vi) appoint and remove the members of the Architectural Control Committee and (vii) appoint or remove any officer or director of the Association where applicable, during any period of Declarant control. 1.26 shall mean any platted lot subject to this Declaration upon which a Dwelling is located or intended to be located, as shown on the Plat, including all improvements thereon, except limited common elements, as defined herein, if any. SECTION 2 DESCRIPTION OF UNITS AND APPURTENANCES 2.1 Units. There are twenty-four (24) single Units, all of which are restricted exclusively to residential use. Each Unit constitutes a separate parcel of real estate. No additional Units may be created by the subdivision or conversion of Units, except as allowed in Section 15, below. The Unit identifiers and locations of the Units are as shown on the Plat, which is incorporated herein by reference, and a list of the Units is set forth on Exhibit A. The Unit identifier for a Unit shall be its lot and block numbers and the subdivision name. 2.2 Unit Boundaries. The front, rear and side boundaries of each Unit shall be the boundary lines of the platted lot upon which the Dwelling is located or intended to be located as shown on the Plat. The Units shall have no upper or lower boundaries. However, a Unit may be subject to one or more easements running in favor of the Association, if set forth herein or otherwise properly recorded against the Unit. _____ 5 022818 2.3 Use and Enjoyment Easements. Each Unit shall be the beneficiary of appurtenant easements for use and enjoyment on and across the Common Elements, and for use and enjoyment of any Limited Common Elements allocated to the Unit, subject to any restrictions authorized by the Declaration. 2.4 Utility and Maintenance Easements. Each Unit shall be subject to and shall be the beneficiary of appurtenant easements for all services and utilities servicing the Units and the Common Elements, and for maintenance, repair and replacement as described in Section 12. 2.5 Recorded Easements. The Property shall be subject to such other easements as may be recorded against it or otherwise shown on the Plat. 2.6. Easements are Appurtenant. All easements and similar rights burdening or benefitting a Unit or any other part of the Property shall be appurtenant thereto, and shall be permanent, subject only to termination in accordance with the terms of the easement. Any recorded easement benefitting or burdening the Property shall be construed in a manner consistent with, and not in conflict with, the easements created by this Declaration. 2.7 Impairment Prohibited. No person shall materially restrict or impair any easement benefitting or burdening the Property; subject to the Declaration and the right of the Association to impose reasonable Rules and Regulations governing the use of the Property. 2.8 Benefit of Easements. All easements benefitting a Unit shall benefit the Owners and Occupants of the Unit, and their families and guests. However, an Owner who has delegated the right to occupy the Unit to an Occupant or Occupants, whether by a lease or otherwise, does not have the use and other easement rights in the Property during such delegated occupancy, except as a guest of an Owner or Occupant or in connection with the inspection of the Unit or recovery of possession of the Unit from the Occupant pursuant to law. 2.9 Irrigation System Easement. Each Unit shall be subject to an easement lying over, under and across said Unit, in favor of the Association, for the purpose of construction, reconstruction, use, inspection, maintenance, repair and replacement of the Irrigation System, as defined above. 2.10 Retaining Wall Easement.. Lots 3, 17 and 15 shall be subject to an easement in favor of the Association for the purpose of access to the retaining walls located on or near the rear lot lines, respectively, to inspect, improve, repair, replace and maintain said retaining walls. _____ 6 022818 SECTION 3 COMMON ELEMENTS AND LIMITED COMMON ELEMENTS 3.1 Common Elements. The Common Elements and their characteristics are as follows: a. The Common Elements shall be owned by the Association for the common benefit of the Owners and Occupants. The Common Elements include, without limitation, that real property identified as Common Elements and legally described on Exhibit A, attached hereto, and improvements and fixtures located thereon, including, without limitation, a boardwalk. The Common Elements also include the Irrigation System, a portion of which shall be considered a Limited Common Element, in accordance with section 3.2, below. b. The Common Elements shall be subject to appurtenant easements for services, public and private utilities and storm sewer, access, use and enjoyment in favor of each Unit and its Owners and Occupants; subject to (i) the right of Owners and Occupants in Limited Common Elements appurtenant to their Units and (ii) the right of the Association to establish reasonable Rules and Regulations governing the use of the Property. c. Subject to Sections 5, 6 and 9, all maintenance, repair, replacement, management and operation of the Common Elements shall be the responsibility of the Association. d. Common Expenses for the maintenance, repair, replacement, management and operation of the Common Elements shall be assessed and collected from the Owners in accordance with Section 6. 3.2 Limited Common Elements. Limited common elements include: 1) portions of the common elements that are designated for the exclusive use of the unit owners of the unit or units to which the limited common elements are allocated, and 2) that serve one or more but fewer than all of the units, and which are allocated solely to the unit or units served. Limited Common Elements are subject to the rights granted to the Association herein or in a separate recorded easement, repair, replace, maintain and regulate. The portions of the Irrigation System located within the Irrigation Easement crossing a Unit, shall be considered a Limited Common Element, allocated to the respective Unit over which it crosses _____ 7 022818 and which it serves. The portion of any retaining wall on the Property that is located with the boundaries of a Unit, if any, shall be considered a Limited Common element, allocated to the Unit in which it is located, but subject to the rights of the Association granted herein. SECTION 4 ASSOCIATION MEMBERSHIP: RIGHTS AND OBLIGATIONS Membership in the Association, and the allocation to each Unit of a portion of the votes in the Association and a portion of the Common Expenses of the Association shall be governed by the following provisions: 4.1 Membership. Each Owner shall be a member of the Association by virtue of Unit ownership, and the membership shall be transferred with the conveyance of the Owner Unit, all such Persons shall be members of the Association, but multiple ownership of a Unit shall not increase the voting rights allocated to such Unit nor authorize the division of the voting rights. 4.2 Voting and Common Expenses. Voting rights and Common Expense obligations are allocated equally among the Units; except that special allocations of Common Expenses shall be permitted as provided in Section 6.1. 4.3 Appurtenant Rights and Obligations. The ownership of a Unit shall include the voting rights and Common Expense obligations described in Section 4.2. Said rights, obligations and interests, and the title to the Units, shall not be separated or conveyed separately. The allocation of the rights, obligations and interests described in this Section may not be changed, except in accordance with the Governing Documents. 4.4 Authority to Vote. The Owner, or some natural person designated to act as proxy on behalf of the Owner, and who need not be an Owner, may cast the vote allocated to such Unit at meetings of the Association; provided, that if there are multiple Owners of a Unit, only the Owner or other Person designated pursuant to the provisions of the By-Laws may cast such vote. The voting rights of Owners are more fully described in Section 3 of the By-Laws. 4.5 Declarant Control. Notwithstanding the vote of any Unit Owner to the contrary, the Declarant hereby reserves a period of Declarant control of the Association during which the Declarant, or persons designated by the Declarant, may appoint _____ 8 022818 and remove the officers and directors of the Association. Said reservation of Declarant control is subject to the following: a. The period of Declarant control shall extend from the date of filing of this Declaration until the earliest of: 1) the date Declarant no longer has ownership of any Unit; or 2) the date Declarant voluntarily turns over control of the Association to the Owners. b. Not later than the termination of Declarant control, the Unit Owners shall elect a Board of Directors of at least three members. Thereafter, a majority of the directors shall be Unit Owners other than Declarant or an affiliate of Declarant. The remaining directors need not be Unit Owners unless required by the Articles of Incorporation or Bylaws. All Unit Owners, including the Declarant and its affiliates, may cast the votes allocated to any Unit owned by them. The Board shall elect the officers. The directors and officers shall take office upon election. c. Except as otherwise provided in this subsection, meetings of the Board of Directors must be open to all Unit Owners. To the extent practicable, the Board shall give reasonable notice to the Unit Owners of the date, time and place of a Board meeting. If the date, time and place of meetings are provided for in this Declaration, the Articles of Incorporation or Bylaws of the Association, were announced at a previous meeting of the Board, posted in a location accessible to the Unit Owners and designated by the Board from time to time, or if an emergency requires immediate has the meaning given in Minnesota Statutes Section 317A.011, subdivision 14. Meetings may be closed to discuss the following: (1) personnel matters; (2) pending or potential litigation, arbitration or other potentially adversarial proceedings, between Unit Owners, between the Board or Association and Unit Owners, or other matters in which any Unit Owner may have an adversarial interest, if the Board determines that closing the meeting is necessary to discuss strategy or to otherwise protect the position of the Board of Association or the privacy of a Unit Owner or occupant of a Unit; or (3) criminal activity arising within the Property if the Board determines that closing the meeting is necessary to protect the _____ 9 022818 privacy of the victim or that opening the meeting would jeopardize the investigation of the activity. Nothing in this subsection imposes a duty upon the Board to provide special facilities for meetings. The failure to give notice as required by this subsection shall not invalidate the Board meeting or any action taken at the meeting. SECTION 5 ADMINISTRATION The administration and operation of the Association and the Property, including but not limited to the acts required of the Association, shall be governed by the following provisions: 5.1 General. The operation and administration of the Association and the Property shall be governed by the Governing Documents. The Association shall, subject to the rights of the Owners set forth in the Governing Documents, be responsible for the operation, management and control of the Property. The Association shall have all powers described in the Governing Documents, and the statute under which it is incorporated. All power and authority of the Association shall be vested in the Board, unless action or approval by the individual Owners is specifically required by the Governing Documents. All references to the Association shall mean the Association acting through the Board unless specifically state to the contrary. 5.2 Operational Purposes. The Association shall operate and manage the Property for the purposes of (i) administering and enforcing the covenants, restrictions, easements, charges and liens set forth in the Governing Documents (ii) maintaining, repairing and replacing those portions of the Property for which it is responsible and (iii) preserving the value and architectural uniformity and character of the Property. 5.3 Binding Effect of Actions. All agreements and determinations made by the Association in accordance with the powers and voting rights established by the Governing Documents shall be binding upon all Owners and Occupants, and their lessees, guests, heirs, personal representatives, successors and assigns, and all secured parties. 5.4 By-Laws. The Association shall have By-Laws. The By-Laws and any amendments thereto shall govern the operation and administration of the Association. _____ 10 022818 5.5 Management. The Board may delegate to a manager or managing agent the Governing Documents; provided, however, that such delegation shall not relieve the officers and directors of the ultimate responsibility for the performance of their duties as described by the Governing Documents and by law. 5.6 Rules and Regulations. The Board shall have exclusive authority to approve and implement such reasonable Rules and Regulations as it deems necessary from time to time for the purpose of operating and administering the affairs of the Association and regulating the use of the Property; provided that the Rules and Regulations shall not be inconsistent with the other Governing Documents. The inclusion in other parts of the Governing Documents of authority to approve Rules and Regulations shall be deemed to be in furtherance, and not in limitation, of the authority granted by this Section. New or amended Rules and Regulations shall be effective only after reasonable notice thereof has been given to the Owners. 5.7 Association Assets; Surplus Funds. All funds and real or personal property acquired by the Association shall be held and used for the benefit of the Owners for the purposes stated in the Governing Documents. Surplus funds remaining after payment of or provision for Common Expenses and reserves shall be credited against future assessments, added to reserves, or retained in a working capital fund, as determined by the Board. SECTION 6 ASSESSMENTS FOR COMMON EXPENSES 6.1 General. Assessments for Common Expenses shall be determined and assessed against the Units by the Board, in its discretion; subject to the limitations set forth in Sections 6.2 and 6.3, and the requirements of the By-Laws. Assessments for Common Expenses shall include annual assessments and may include special assessments. Assessments shall be allocated among the Units according to the Common Expense allocations set forth in Section 4.2, subject to the following qualifications: a. Any Common Expense associated with the maintenance, repair, or replacement of a Limited Common Element undertaken by the Association may be assessed exclusively against the Unit or Units to which that Limited Common Element is assigned, on the basis of (i) equality, or (ii) the actual cost incurred with respect to each Unit. _____ 11 022818 b. Any Common Expense or portion thereof benefitting fewer than all of the Units may be assessed exclusively against the Units benefited, on the basis of (i) equality, or (ii) the actual cost incurred with respect to each Unit. c. The costs of insurance obtained by the Association, if any, may be assessed in proportion to value, risk or coverage, and the costs of utilities may be assessed in proportion to usage. d. connection with (i) the collection of assessments and (ii) the enforcement of the Governing Documents against an Owner or Occupant or their e. Fees, charges, late charges, fines and interest may be assessed for failure to pay assessments when due, as determined by the Board of Directors. f. If any damage to the Common Elements or another Unit is caused by the act or omission of any Owner or Occupant, or their guests, the Association may assess the costs of repairing the damage exclusively against the g. If any installment of an assessment becomes more than 30 days past due, then the Association may, upon 10 days written notice to the Owner, declare the entire amount of the assessment immediately due and payable in full. h. If Common Expense liabilities are reallocated for any purpose, Common Expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated Common Expense liabilities. i. Assessments under Subsections 6.1 a.-g. shall not be considered special assessments as described in Section 6.3. 6.2 Annual Assessments. Annual assessments shall be established and levied by the Board. Each annual assessment shall cover all of the anticipated Common Expenses of the Association for that year. Annual assessments shall provide, among other things, for contributions to a separate reserve fund sufficient to cover the periodic cost of maintenance, repair and replacement of the Common Elements. The entire Annual Assessment shall be due and payable in full at the time it is levied, but, at the discretion of the Board, may be paid in monthly, quarterly, or semi-annual installments, or as otherwise determined by the Board. _____ 12 022818 There shall be no limitation on the right of the Board to subsequently increase the amount of the annual assessment. a. Until a Common Expense assessment is levied, Declarant shall pay all accrued expenses of the Association. b. After a Common Expense assessment is levied, the assessment may be increased by the Board annually. 6.3 Special Assessments. In addition to annual assessments, the Board may levy in any assessment year a special assessment against all Units for the purpose of defraying in whole or in part (i) the cost of any unforeseen or unbudgeted Common Expense, (ii) general or specific reserves for maintenance, repair or replacement, and (iii) the maintenance, repair or replacement of any part of the Property, and any fixtures or other property related thereto. 6.4 Liability of Owners for Assessments. The obligation of an Owner to pay assessments shall commence at the later of (i) the time at which the Owner acquires title to the Unit, or (ii) the due date of the first Assessment levied by the Board; provided, that neither Declarant nor a Homebuilder, nor any Unit owned by such party, shall be liable for any Assessment, nor subject to any Assessment lien, for any period, as long as there is no one residing in the Dwelling located on the Unit. Subject to the foregoing exemption, the Owner at the time an assessment is payable with respect to the Unit shall be personally liable for the share of the Common Expenses assessed against such Unit. Such liability shall be joint and several where there are multiple Owners of the Unit. The liability is absolute and unconditional. No Owner is exempt from liability for payment of his or her share of Common Expenses by right of set-off, by waiver of use or enjoyment of any part of the Property, by absence from or abandonment of the Unit, by the waiver of any other rights, or by reason of any claim against the Association or its officers, directors or agents, or for their failure to fulfill any duties under the Governing Documents. The Association may invoke the charges, sanctions and remedies set forth in Section 13, in addition to any remedies provided elsewhere in the Governing Documents or by law, for the purpose of enforcing its rights hereunder. 6.5 Assessment Lien. The Association has a lien on a Unit for any assessment levied against that Unit from the time the assessment becomes due. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due. Fees, charges, late charges, fines and interest charges imposed by the Association are also liens, and are enforceable as assessments, under this Section. Recording of the Declaration constitutes record _____ 13 022818 notice and perfection of any lien under this Section, and no further recordation of any notice of or claim for the lien is required. 6.6 Foreclosure of Liens; Remedies. A lien for Common Expenses may be foreclosed against a Unit under the laws of the State of Minnesota (i) by action, or (ii) by advertisement as a lien under a mortgage containing a power of sale. The Association, or its authorized representative, shall have the power to bid in at the foreclosure sale and to acquire, hold, lease, mortgage and convey any Unit so acquired. The Owner and any other Person claiming an interest in the Unit, by the acceptance or assertion of any interest in the Unit, grants to the Association a power of sale and full authority to accomplish the foreclosure. The Association shall, in addition, have the right to pursue any other remedy at law or in equity against the Owner who fails to pay any assessment or charge against the Unit. 6.7 Lien Priority; Foreclosure. A lien under this Section is prior to all other liens and encumbrances on a Unit except (i) liens and encumbrances recorded before the Declaration, (ii) any first mortgage on the Unit, and (iii) liens for real estate taxes and other governmental assessments or charges against the Unit. Notwithstanding the foregoing, if a first mortgage on a Unit is foreclosed, and the first mortgage was recorded on or after the date hereof, and no Owner redeems during the O mortgage of the first mortgage or any person who acquires the title to the Unit by redemption as a junior creditor shall take title to the Unit subject to a lien in favor of the Association for the unpaid assessments for Common Expenses levied and which became due, without acceleration, during the six months immediately preceding the first day following th 6.8 Voluntary conveyance; Statement of Assessments. In a voluntary conveyance of a Unit the buyer shall not be personally liable for any unpaid assessments and other charges made by the Association against the to the time of conveyance to the buyer, unless expressly assumed by the buyer. However, the lien of such assessments shall remain against the Unit until satisfied. Any seller or buyer shall be entitled to a statement, in recordable form, from the Association setting forth the amount of the unpaid assessments against year, which statement shall be binding on the Association, seller and buyer. 6.9 Working Capital Fund. There shall be established a working capital fund to meet unforeseen expenditures, to purchase additional equipment or services of the Association, and/or to cover the administrative costs associated with the transfer of ownership of a Unit. At the time of sale of any improved Unit, whether initial _____ 14 022818 sale or resale, the Purchaser shall pay a working capital fund contribution to the Association in an amount equal to two monthly installments of the Assessments against the Unit being conveyed. Notwithstanding the foregoing, the requirement to contribute to the working capital fund shall not apply to the following: i) any sale of an unimproved Unit; and ii) any sale to a Homebuilder, unless the Homebuilder is purchasing the Unit for personal, rental and/or residential use, and not for construction and resale. If anyone resides in the Dwelling on a Unit during a period of Homebuilder ownership, it will be presumed that the Homebuilder's intent was for residential use, and the Homebuilder shall be required to contribute to the working capital fund, as provided herein. The amounts paid into this fund are in addition to the regular monthly installments of Assessments, and should not be considered an advance payment of regular Assessment installments. The amounts paid to the working capital fund are not refundable upon resale of the unit, or in any other circumstance. The funds shall be deposited into the Association's account, and may be used to pay or defray the expenses of the Association in connection with any Unit transfer, any other operating expense of the Association, or as a contribution to the Association's reserves. SECTION 7 RESTRICTIONS ON USE OF PROPERTY All Owners and Occupants, and all secured parties, by their acceptance or assertion of an interest in the Property, or by their occupancy of a Unit, covenant and agree that, in addition to any other restrictions which may be imposed by the Governing Documents, the occupancy, use, operation, alienation and conveyance of the Property shall be subject to the following restrictions. 7.1 General. The property shall be owned, conveyed, encumbered, leased, used and occupied subject to the Governing Documents, as amended from time to time. All covenants, restrictions and obligations set forth in the Governing Documents are in furtherance of a plan for the Property, and shall run with the Property and be a burden and benefit to all Owners and Occupants and to any other Person acquiring or owning an interest in the Property, their heirs, personal representatives, successors and assigns. 7.2 Compliance with Law. No use shall be made of the Property which would violate any then existing municipal codes or ordinances, or state or federal laws, nor shall any act or use be permitted which could cause waste to the Property, cause a material increase in insurance rates on the Property, or otherwise cause any unusual liability, health or safety risk, or expense, for the Association or any Owner or Occupant. _____ 15 022818 7.3 Subdivision Prohibited. Unless otherwise provided herein, no Unit or any part of the Common Elements may be subdivided or partitioned without the prior written approval of all Owners and all secured parties holding first mortgages on the Units. 7.4 Residential Use. The Units shall be used by Owners and Occupants and their guests exclusively as private, single family residential dwellings, and not for transient hotel, commercial, business or other non-residential purposes, except as specifically permitted. Any lease of a Unit (except for occupancy by guests with the consent of the Owner) for a period of less than 7 days, or any occupancy which includes services customarily furnished to hotel guests, shall be presumed to be for transient purposes. 7.5 Quiet Enjoyment; Interference Prohibited. All Owners and Occupants and their guests shall have a right of quiet enjoyment in their respective Units, and shall use the Property in such a manner as will not cause a nuisance, nor unduly restrict, interfere with or impede the use of the Property by other Owners and Occupants and their guests. 7.6 Business Use Restricted. No business, trade, occupation or profession of any kind, whether carried on for profit or otherwise, shall be conducted, maintained or permitted in any Unit or the Common Elements; except (i) an Owner or Occupant residing in a Unit may keep and maintain his or her business or professional records in such Unit and handle matters relating to such business by correspondence, telephone, facsimile, computer or other electronic means therefrom, provided that such uses are incidental to the residential use, do not involve physical alteration of the Unit and do not involve any observable business activity such as signs, advertising displays, bulk mailings, deliveries, or visitation or use of the Unit by customers or employees and (ii) the Association may maintain offices on the Property for management and related purposes. 7.7 Animals. No animal may be bred, or kept or maintained for business or commercial purposes anywhere on the Property. The Board shall have the exclusive authority to prohibit, or to allow and regulate, by Rules and Regulations, the keeping of animals on the Property for personal use. The word l include all living creatures except humans. 7.8 Alterations to a Unit. An Owner may not make changes to the exterior of a Dwelling or yard without prior written authorization of the ACC as provided in Section 8, below. _____ 16 022818 7.9 Parking and Outside Storage. Garages, driveways and other parking areas on the Property shall be used only for parking of vehicles owned or leased by Owners and Occupants and their guests, and such other incidental uses as may be authorized in writing by the Board. The Board shall have the authority to regulate, by Rules and Regulations, the use of driveways and other parking areas on the Property, and the types of vehicles, the number of vehicles and personal property permitted thereon, including, without limitation, the right of the Association to tow illegally parked vehicles or to remove unauthorized personal property from the Property, including the Units, outside of the Dwellings. Exceptions to such regulations based on special circumstances may be requested, in advance, from the Board, which shall have the sole authority to make a determination on any such request. 7.10 Signs. No sign of any kind shall be displayed to the public view on any Lot except one sign of not more than nine (9) square feet advertising a Lot or Unit for sale or rent (signs used by a builder to advertise the availability of Lots or dwellings upon the Property during the construction and sales period are exempt). This restriction shall not apply to any model Unit or any sign or logo for any model Unit. 7.11 Garbage, Recycling and Refuse. Trash, garbage, and other waste shall be kept in sanitary containers. All equipment for storage or disposal of such materials shall be kept in a clean and sanitary condition, and screened from public view. The Board shall have the right to select a single garbage hauler to serve the entire Property. 7.12 Minimum Square Footage. The minimum size of all Dwellings located on the Property shall be 1,400 square feet above grade, unless otherwise approved by the Board. 7.13 Mailbox. It is anticipated that group mailboxes with approximately 12-16 mailboxes per structure, or as otherwise directed by the Postmaster, will be installed on the Property. The mailboxes and mailbox structures shall be maintained in good condition and in an attractive, first-class manner by the Association. 7.14 Leasing. Leasing of the Units shall be allowed, subject to reasonable regulation by the Board, and subject to the following conditions: (i) that no Unit shall be leased for transient or hotel purposes, (ii) that no Unit may be subleased without written consent of the Association, (iii) that all leases shall be in writing, (iv) Documentation showing Unit has a Rental Dwelling License from City, and (v) _____ 17 022818 that all leases shall provide that they are subordinate and subject to the provisions of the Governing Documents, and that any failure of the lessee to comply with the terms of such documents shall be a default under the lease. The Association may impose such reasonable Rules and Regulations as may be necessary to implement procedures for the leasing of Units, consistent with this Section. 7.15 Time Shares Prohibited. The time share form of ownership, or any comparable form of lease, occupancy rights or ownership which has the effect of dividing the ownership or occupancy of a Unit into separate time periods, is prohibited. 7.18 Structures outside of the Dwelling: Due to the difficulty and increased cost that structures located outside of a Dwelling would cause for the Association in providing snow removal and lawn maintenance, no temporary or permanent structure may be installed or maintained on a Unit, other than inside the Dwelling, unless expressly provided herein. Notwithstanding the above, the following shall be permitted, at the discretion of the Board: a. Fences: Dwelling. Partial fences may be permitted by the Board, in its sole discretion, if they do not interfere with the Lawn Maintenance provided by the Association and if they otherwise meet the standards established by the Board for uniform appearance of the Property. b. Landscaping: No trees, gardens, shrubs, flowers or other plants shall be planted by any Owner on any part of the Property outside of a Dwelling. Notwithstanding the foregoing, plantings may be permitted by the Board, in its sole discretion, if they do not interfere with the Lawn Maintenance provided by the Association and if they otherwise meet criteria established by the Board for uniform appearance of the Property. c. Basketball Hoop. One basketball hoop and backboard (permanently affixed in-ground pole mounting only) may be permitted by the Board or the ACC, on a case-by-case basis, in the front driveway area, provided that the use thereof does not involve any interference with adjacent Units and Owners. d. Flags. The American flag may be proudly displayed on the front elevation of any Dwelling utilizing a mounting bracket affixed to the Dwelling and a removable flag and flagstaff. 7.20 Rights of Declarant and Homebuilders. Until the last Unit is sold and conveyed to an Owner other than the Declarant or a Homebuilder, the following action by said persons, and their agents and assigns, will not be deemed violations of the foregoing restrictions: _____ 18 022818 a. Use of a Dwelling for model and sales office purposes; b. Storage of equipment, materials or earth during the construction of new Dwellings on Units owned by the person doing such storage or construction; and c. Display of signs advertising Units in the Property as allowed by the City. SECTION 8 ARCHITECTURAL CONTROL 8.1 Restrictions on Alterations. The following restrictions and requirements shall apply to alterations on the Property: a. Except as expressly provided in this Section 8, no structure, building, addition, deck, patio, fence, wall, enclosure, window, exterior door, sign, display, decoration, color change, shrubbery, material topographical or landscaping change, nor any other exterior Improvements to or alteration thereof, or alteration of any Dwelling or any other part of a Unit which is visible from the exterior of the Unit (collectively referred to as and until the plans and specifications showing the nature, kind, shape, height, color, materials and locations of the alterations shall have been approved in writing by the Architectural Control Committee, described below. b. The Architectural Control Committee (the "ACC") shall consist of three (3) members. The Declarant shall have the exclusive authority to appoint and remove the members of the ACC for a period of time extending until Declarant voluntarily surrenders such control. Specifically, Declarant's right to control the ACC may extend beyond Declarant's Control Period over the Association, as described in Section 4.5, above. After the Declarant has surrendered control over the ACC, the committee members shall be appointed and removed by the Board of Directors. At any time, if no ACC is in existence, the Board of Directors shall serve as the ACC. All references in the Declaration to the ACC shall apply to the Board of Directors, if no ACC is in existence. In addition, consent shall be required for alterations until such time as there are no Units owned by Declarant or a Homebuilder, Declarant no longer has the right to add Units, and Declarant has voluntarily turned over control of the Association. _____ 19 022818 d. The ACC shall have authority to establish reasonable criteria and requirements for alterations, and shall be the sole judge of whether the criteria are satisfied. The criteria for approval shall include and require, at a minimum, (i) substantial uniformity of color, size, location, type and design in relation to existing improvements and topography, (ii) comparable or better quality of materials as used in existing improvements, (iii) ease of maintenance and repair, (iv) adequate protection of the Property, the Association, Owners and Occupants from liability and liens arising out of the proposed alterations, and (v) compliance with governmental laws, codes and regulations. d. Approval of alterations which encroach upon another Unit or the Common Elements shall create an appurtenant easement for such encroachment in favor of the Unit with respect to which the alterations are approved; provided, that any easement for a deck or patio other than as originally constructed shall be approved by resolution of the ACC and a file of such resolutions shall be maintained permanently a records. 8.2 Review Procedures. The following procedures shall govern requests for alterations under this Section: a. Detailed plans, specifications and related information regarding any proposed alteration, in form and content acceptable to the ACC, shall be submitted to the ACC at least forty-five (45) days prior to the projected commencement of construction. No alterations shall be commenced prior to approval. b. The ACC shall give the Owner written notice of approval or disapproval. If the ACC fails to approve or disapprove within forty-five (45) days after receipt of said plans and specifications and all other information requested by the ACC, then approval will not be required, and this Section shall be deemed to have been fully complied with so long as the alterations are done in accordance with the plans, specifications and related information which were submitted. c. If no request for approval is submitted, approval is denied, unless (i) the alterations are reasonably visible and (ii) no written notice of the violation has been given to the Owner in whose Unit the alterations are made, by the Association or another Owner, within six months following the date of completion of the alterations. Notice may be direct written notice or the _____ 20 022818 commencement of legal action by the Association or an Owner. The Owner of the Unit in which the alterations are made shall have the burden of proof, by clear and convincing evidence, that the alterations were completed and reasonably visible for at least six months following completion and that the notice was not given. 8.3 Remedies for Violations. The Association may undertake any measures, legal or administrative, to enforce compliance with this Section and shall be entitled to Ow and to restore any part of the Dwelling or Unit to its prior condition if any alterations were made in violation of this Section, and the cost of such restoration shall be a 8.4 Protection from Liability. Neither Declarant, the Association, its directors or officers, the members of the ACC, nor any person acting on behalf of any of them, shall be liable for any costs or damages incurred by any person due to any alleged mistakes in judgment, negligence or any action of the ACC in connection with the approval or disapproval of plans and specifications. The Association shall indemnify, defend and hold harmless the ACC and each of its members from all costs, expenses and liabilities, including attorneys' fees, of all nature resulting by virtue of the acts of the ACC or its members. Neither Declarant, the directors or officers of the Association, the members of the ACC, nor any person acting on behalf of any of them, shall be responsible for any defects in any plans or specifications, nor for any defects in any Improvements constructed pursuant thereto. Each person submitting an application for approval shall be solely responsible for the sufficiency of all plans and specifications submitted and for the quality of construction of the Improvements constructed, and shall hold harmless, indemnify and defend the Association, and their respective officers, directors, committee personnel and agents, from and against all claims, damages and liabilities arising out of the approval or construction of the Improvements to which their application relates. 8.5 No Representation of Compliance. No approval of plans and specifications and no publication of standards by the ACC shall be construed as representing or implying that such plans, specifications; or standards will, if followed, result in properly designed Improvements. Such approvals and standards shall not be construed as representing or guaranteeing that any Dwelling or other Improvement built in accordance therewith was built in a good and workmanlike manner. Neither Declarant, the Association, nor the ACC shall be responsible or _____ 21 022818 liable for any defects in any plans or specifications submitted or approved; any loss or damages to any person arising out of the approval or disapproval of any plans or specifications, any loss or damage arising from the noncompliance of such plans and specifications with any governmental ordinances and regulations; nor any defects in construction undertaken pursuant to such plans and specifications. 8.6 Additional Standards. The ACC is authorized to promulgate from time to time additional written architectural standards, guidelines and other regulations governing the construction, location, landscaping, and design of alternations and Improvements located or to be located on the Property. SECTION 9 MAINTENANCE 9.1 Maintenance by Association. The Association shall provide for all maintenance, repair and Common Elements. This includes, without limitation: a. Mowing and other maintenance of lawns, shrubs, trees and other landscaping located on the Common Elements; b. All mailboxes that serve the Units; c. The Irrigation System, defined above, which may include, but is not limited to, wells, pumps, filtrations systems, electrical power, housing, irrigation lines, and sprinkler heads, and which shall be located within the Common Elements and the Irrigation Easement; d. The boardwalk located on the Common Elements; e. The retaining walls located on the Common Elements and a portion of which may be located on the rear of Lots 3, 15 and 17, Block 1, Peltier Estates, Anoka County, Minnesota; f. The pond located on the Common Elements, pursuant to that maintenance agreement between the Association and the Rice Creek Water Shed District, as may be amended from time to time, and additional Maintenance, in the discretion of the Board; g. Any entrance monument constructed on the Property, including landscaping ang lighting. _____ 22 022818 9.2 Association Maintenance of Units. In addition to the Maintenance described in this Section, the Association shall provide the following Maintenance to the Units: a. Maintenance of lawns, shrubs and trees, including, without limitation, mowing and watering; and b. Snow removal from driveways, walkways, and front steps, but excluding rear patios. 9.3 Maintenance by Owner. Except for the Maintenance required to be provided by the Association under Section 9.1 and 9.2, all Maintenance of the Dwellings and Units shall be the sole responsibility and expense of the Owners thereof. The Association or the ACC may require that any exterior Maintenance to be performed by the Owner be accomplished pursuant to specific uniform criteria established by the Association. The Association may also undertake any exterior Maintenance which the responsible Owner fails to or improperly performs and assess the Unit and the Owner for the cost thereof. 9.4 Damage Caused by Owner. Notwithstanding any provision to the contrary in this Section, if, in the judgment of the Association, the need for Maintenance of any part of the Property is caused by the willful or negligent act or omission of an Owner or Occupant, or their guests, or by a condition in a Unit which the Owner or Occupant has willfully or negligently allowed to exist, the Association may cause such damage or condition to be repaired or corrected (and enter upon any Unit to do so), and the cost thereof may be assessed against the Unit of the Owner responsible for the damage. 9.5 Easements for Maintenance. The Association shall have easements as described in Section 12 to perform its obligations under this Section 9. SECTION 10 INSURANCE 10.1 Required Insurance. The Association shall obtain and maintain, at a minimum, a policy of insurance in accordance with the requirements set forth herein, issued by a reputable insurance company or companies authorized to do business in the State of Minnesota, as follows: a. The Association shall maintain property insurance covering the risk of physical loss of the Common Elements and may include any additional _____ 23 022818 portion of the Property that the Association is required to maintain. The policy or policies may cover personal property owned by the Association. The type and amount of any such coverage shall be determined by the Board. b. Comprehensive public liability insurance covering the use, operation and Maintenance of the Common Elements, and which may include any additional areas the Association has an easement for Maintenance responsibilities, with minimum limits of $1,000,000 per occurrence, against claims or death, bodily injury and property damage, and such other risks as are customarily covered by such policies for projects similar in construction, location and use to the Property. The policy shall contain a from denying the claim of an Owner or Occupant because of negligent acts of the Association or other Owners or Occupants. The policy shall include such additional endorsements, coverages and limits with respect to such hazards as may be required by the regulations of the FHA or FNMA as a precondition to their insuring, purchasing or financing a mortgage on a Unit. c. Fidelity bond or insurance coverage against dishonest acts on the part of directors, officers, managers, trustees, employees or persons responsible for handling funds belonging to or administered by the Association if deemed to be advisable by the Board or required by the regulations of the FHA or FNMA as a precondition to the purchase or financing of a mortgage on a Unit. The fidelity bond or insurance shall name the Association as the named insured and shall, if required by the regulations of the FHA or FNMA as a precondition to their insuring, purchasing or financing of a mortgage on a Unit, be written in an amount equal to the greater of (i) the estimated maximum of Association funds, including reserves, in the custody of the Association or management agent at any given time while the bond is in force, or (ii) a sum equal to three months aggregate assessments on all Units plus reserves. An appropriate endorsement to the policy to cover any persons who serve without compensation shall be added if the policy would not otherwise cover volunteers, or a waiver of defense based upon the exclusion of persons serving without compensation shall be added. d. law. e. Such other insurance as the Board may determine from time to time to be in the best interests of the Association and the Owners. _____ 24 022818 10.2 Property Insurance for Units. Each Owner shall obtain and maintain the rance coverage relating to the ownership Owners, including the Declarant, if applicable, may elect at any time to have the Association provide the property and/or liability insurance on all of the Units by approval of 67% of the votes in the Association. Election may be obtained in writing or at a meeting of the Association duly held in accordance with the By- Laws. licy shall declare a maximum deductible of $50,000.00 per claim. Furthermore, each Owner shall retain the right to obtain additional personal insurance coverage at his or her own expense covering fire and other casualty to the Unit, personal property or personal liability. In the event the Association maintains an insurance policy covering all of the Units, then any insurance policy maintained by an Owner must provide that it is without contribution as against the insurance purchased by the Association. provided by the Association shall be paid by the HO 6 Policy. 10.3 Premiums; Improvements; Deductibles. All premiums for insurance coverage maintained by the Association shall be assessed and paid as a Common Expense. The Association may, in the case of a claim for damage resulting from the acts or omissions of a Unit Owner or Occupant or their guest, licensee or invitee, (i) pay the deductible amount as a Common Expense; (ii) pay the deductible and assess the deductible amount against such Unit and Owner in any reasonable manner; or (iii) require the Owner of the Unit responsible for the damage to pay the charged with paying the deductible amount may, but need not, be based upon fault. 10.4 Loss Payee; Insurance Trustee. All insurance coverage maintained by the Association shall be written in the name of, and the proceeds thereof shall be payable to, the Association (or a qualified insurance trustee selected by it). The Association, or any insurance trustee selected by it, shall have exclusive authority to negotiate, settle and collect upon any claims or losses under any insurance policy maintained by the Association. 10.5 Waivers of Subrogation. All policies of insurance shall contain waivers of subrogation by the insurer against the Association, the Board, Owners, members _____ 25 022818 waivers of any defense based on co-insurance or of invalidity from any acts of the insured. 10.6 Cancellation; Notice of Loss. All policies of property insurance and comprehensive liability insurance maintained by the Association shall provide that the policies shall not be cancelled or substantially modified, for any reason, without at least thirty (30) days prior written notice to the Association, to the FHA or FNMA (if applicable), all of the insureds and all Eligible Mortgagees. 10.7 Restoration in Lieu of Cash Settlement. All policies of property insurance maintained by the Association shall provide that, despite any provisions giving the insurer the right to elect to restore damage in lieu of a cash settlement, such option shall not be exercisable (i) without the prior written approval of the Association (or any Insurance Trustee) or (ii) when in conflict with provisions of any insurance trust agreement to which the Association may be a party, or any requirement of law. 10.8 No Contributions. All policies of insurance maintained by the Association shall be the primary insurance where there is other insurance in the name of the Owner covering the same property, and may not be brought into contribution with any insurance purchased by Owners or their Eligible Mortgagees. 10.9 . All policies of insurance maintained by the Association shall provide that the coverage shall not be voided by or conditioned upon (i) any act or omission of an Owner or Eligible Mortgagee, unless acting within the scope of authority on behalf of the Association, or (ii) any failure of the Association to comply with any warranty or condition regarding any portion of the Property over which the Association has no control. SECTION 11 RECONSTRUCTION, CONDEMNATION AND EMINENT DOMAIN 11.1 Reconstruction. Any repair or reconstruction shall be substantially in accordance with the plans and specifications of the Property as initially constructed and subsequently improved, unless otherwise determined by the ACC, in its sole discretion. Notice of substantial damage or destruction shall be given pursuant to Section 17. 11.2 Condemnation and Eminent Domain. In the event of a taking of any part of the Property by condemnation or eminent domain, notice shall be given pursuant to Section 17. Eligible Mortgagees shall be entitled to priority for condemnation _____ 26 022818 awards in accordance with the priorities established by the Governing Documents, as their interests may appear. 11.3 Notice. All Eligible Mortgagees shall be entitled to receive notice of any condemnation proceedings or substantial destruction of the Property, and the Association shall give written notice thereof to an Eligible Mortgagee pursuant to Section 17. SECTION 12 EASEMENTS 12.1 Easement for Maintenance, Repair, Replacement and Reconstruction. Each Unit, and the rights of the Owner and Occupants thereof, shall be subject to the rights of the Association to an exclusive, appurtenant easement on and over the Units for the purposes of maintenance, repair, replacement and reconstruction of the Units, and utilities serving the Units, to the extent necessary to fulfill the 12.2 Utilities Easements. The Property shall be subject to non-exclusive appurtenant easements for all utilities, storm sewer, water and sewer, and similar services, which exist from time to time, as constructed or referred to in the Plat, or as otherwise described in this Declaration or any other duly recorded instrument. Each Unit, and the rights of the Owners and Occupants thereof, shall be subject to a non-exclusive easement in favor of the other Units for all such services, including without limitations any sewer or water lines servicing other Units. Each Unit shall also be subject to an exclusive easement in favor of the Association and all utilities companies providing service to the Units for the installation and maintenance of utilities metering devices. 12.3 . Declarant shall have and be the beneficiary of easements for construction and sales activities as described in Section 14. 12.5 Continuation and Scope of Easements. Notwithstanding anything in this Declaration to the contrary, in no event shall an Owner or Occupant be denied reasonable access to his or her Unit or the right to utility services thereto. The easements set forth in this Section shall supplement and not limit any easements described elsewhere in this Declaration or recorded, and shall include reasonable access to the easement areas through the Units and the Common Elements for purposes of maintenance, repair, replacement and reconstruction. _____ 27 022818 SECTION 13 COMPLIANCE AND REMEDIES Each Owner and Occupant, and any other Person owning or acquiring any interest in the Property, shall be governed by and comply with the provisions of the Governing Documents, the Rules and Regulations, the decisions of the Association, and such amendments thereto as may be made from time to time. A failure to comply shall entitle the Association to the relief set forth in this Section, in addition to the rights and remedies authorized elsewhere by the Governing Documents. 13.1 Entitlement to Relief. The Association may commence legal action to recover sums due, for damages, for injunctive relief or to foreclose a lien owned by it, or any combination thereof, or an action for any other relief authorized by the Governing Documents or available at law or in equity. Legal relief may be sought by the Association against any Owner, or by an Owner against the Association or other Owner, to enforce compliance with the Governing Documents, the Rules and Regulations, or the decisions of the Association. However, no Owner may withhold any assessments payable to the Association, or take (or omit) other action in violation of the Governing Documents or the Rules and Regulations reason. 13.2 Sanctions and Remedies. In addition to any other remedies or sanctions, expressed or implied, administrative or legal, the Association shall have the right, but not the obligation, to implement any one or more of the following actions against Owners and Occupants and/or their guests, who violate the provisions of the Governing Documents: a. Commence legal action for damages or equitable relief in any court of competent jurisdiction. b. Impose late charges of up to 15% of each late payment of an assessment or installment thereof, and to charge interest on delinquent amounts due at a rate determined by the Board and set forth in the Rules and Regulations, but not to exceed the maximum rate permitted by applicable law. c. In the event of default of more than 30 days in the payment of any assessment or installment thereof, all remaining installments of assessments assessed against the Unit owned by the defaulting Owner may be accelerated and shall then be payable in full if all delinquent assessments, together with all costs of collection and late charges, are not paid in full prior to the effective date of the acceleration. Reasonable _____ 28 022818 advance written notice of the effective date of the acceleration shall be given to the defaulting Owner. d. Impose reasonable fines, penalties or charges for each violation of the Governing Documents of the Association. e. Suspend the rights of any Owner or Occupant and their guests to use any Common Element amenities; provided, that this limitation shall not apply to Limited Common Elements appurtenant to the Unit, and those portions of the Common Elements providing utilities service and access to the Unit. Such suspensions shall be limited to periods of default by such Owners and Occupants in their obligations under the Governing Documents, and for up to 30 days thereafter, for each violation. f. Restore any portions of the Common Elements or Limited Common Elements damaged or altered, or allowed to be damaged or altered, by any Owner or Occupant or their guests in violation of the Governing Documents, and to assess the cost of such restoration against the responsible Owners and their Units. g. Enter any Unit or Limited Common Element in which, or as to which, a violation or breach of the Governing Documents exists which materially affects, or is likely to materially affect in the near future, the health or safety of the other Owners or Occupants, or their guests, or the safety or soundness of any Dwelling or other party of the Property or the property of the Owners or Occupants, and to summarily abate and remove, at the expense of the offending Owner or Occupant, any structure, thing or condition in the Unit or Limited Common Elements which is causing the violation; provided, that any improvements which are a part of a Unit may be altered or demolished only pursuant to a court order or with the agreement of the Owner. h. Foreclose any lien arising under the provisions of the Governing Documents or under law, in the manner provided for the foreclosure of mortgages by action or under a power of sale in the state where the property is located. 13.3 Rights to Hearing. In the case of imposition of any of the remedies authorized by Section 13.2.d., e., or f. of this Section, the Board shall upon written request of the offender, grant to the offender a fair and equitable hearing. The offender shall be given notice of the nature of the violation and the right to a hearing, and at least 10 days within which to request a hearing. The hearing shall be scheduled _____ 29 022818 by the Board and held within thirty (30) days of receipt of the hearing request by the Board, and with at least ten (10) days prior written notice to the offender. If the offending Owner fails to appear at the hearing then the right to a hearing shall be waived and the Board may take such action as it deems appropriate. The decision of the Board and the rules for the conduct of hearings established by the Board shall be final and binding on all delivered in writing to the offender within ten (10) days following the hearing, if not delivered to the offender at the hearing. 13.4 Lien for Charges, Penalties, Etc. Any assessments, charges, fines, penalties or interest imposed under this Section shall be a lien against the Unit of the Owner or Occupant against whom the same are imposed and the personal obligation of such Owner in the same manner and with the same priority and effect as assessments under Section 6. The lien shall attach as of the date of imposition of the remedy, but shall not be final as to violations for which a hearing is held until the Board gives written notice following the hearing. All remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be deemed a waiver of the right to pursue any others. 13.5 Costs of Proceeding and Attorneys Fees. With respect to any collection measures, or any measures or action, legal administration, or otherwise, which the Association takes to enforce the provisions of the Governing Documents or Rules and Regulations, whether or not finally determined by a court or arbitrator, the Association may assess the violator and his or her Unit with any expenses incurred in connection with such enforcement, including without limitation fines interest (at the highest rate allowed by law) on the delinquent amounts owed to the Association. 13.6 Liabi. An Owner shall be liable for the expense of any maintenance, repair or replacement of the Property rendered tent that such expense is not covered by the proceeds of insurance carried by the Association or such Owner or Occupant. However, any insurance deductible amount and/or increase in insurance rates, resulting from sed against the Owner responsible for the condition and against his or her Unit. 13.7 Enforcement by Owners. The provisions of this Section shall not limit or impair the independent rights of other Owners to enforce the provisions of the Governing Documents, the Rules and Regulations, as provided therein. _____ 30 022818 SECTION 14 SPECIAL DECLARANT RIGHTS Declarant, its agents and assigns, hereby reserves exclusive and unconditional authority to exercise the following special declarant rights for as long as it owns a Unit, or for such shorter period as may be specifically indicated: 14.1 Complete Improvements. To complete all improvements described herein or Declaration, and to make alterations in the Units and Common Elements to accommodate its sales facilities. 14.2 Sales Facilities. To construct, operate and maintain a sales office, management office, model Units and other development, sales and rental facilities within the Common Elements and any Units owned by Declarant from time to time, located anywhere on the Property. 14.3 Signs. To erect and maintain signs and other sales displays offering the Units for sale or lease, in or on any Unit owned by Declarant and on the Common Elements, and to erect a permanent marker or markers at the entrance to the development. 14.4 Easements. To have and use easements, for itself, its employees, contractors, representatives, agents and prospective purchasers through and over the Common Elements for the purpose of exercising its special declarant rights. 14.5 Control of Association. To control the operation and administration of the Association, including without limitation the power to appoint and remove the members of the Board until the earlier of: (i) the date Declarant no longer owns a Unit; or (i) voluntary surrender of control by Declarant. 14.6 Consent to Amendments. As long as Declarant or a Homebuilder owns any ll amendments to the Governing Documents. 14.7 Use in Advertising. To photograph the exterior of the Units and use said photographs or reproductions for advertising purposes. 14.8 Special Assignment of Declarant Rights Declaration are separately assignable by Declarant, and may be transferred by Declarant executing and recording one or more Special Assignment of Declarant _____ 31 022818 Rights with the County Recorder, setting forth a description of the right being assigned, and the identity of the assignee. SECTION 15 RIGHTS TO RELOCATE UNIT BOUNDARIES AND ALTER UNITS 15.1 Declarant shall have the right, without the consent of the Owners or the Association, to: 1) relocate boundaries between Units owned by Declarant; 2) combine Units, by removing boundaries between adjacent Units owned by Declarant; and 3) convert Units owned by Declarant, or any part thereof, into additional Units or Common Elements. Additionally, Declarant may amend this Declaration in order to subdivide or convert Units without the consent of the Owners. SECTION 16 AMENDMENTS This Declaration may otherwise be amended by the consent of (i) Owners of Units to which are allocated at least sixty-seven percent (67%) of the votes in the Association; and (ii) the consent of Declarant, as long as Declarant or a Homebuilder owns a Unit. Consent of the Owners may be obtained in writing or at a meeting of the Association duly held in accordance with the By- Laws. Consent of the Declarant shall be in writing. The Amendment shall be effective when recorded. An affidavit by the Secretary of the Association as to the outcome of the vote, or the execution of the foregoing agreements or consents, shall be adequate evidence thereof for all purposes, including without limitation, the recording of the amendment. SECTION 17 RIGHTS OF ELIGIBLE MORTGAGEES 17.1 Priority of Lien. Any holder of a first mortgage on a Unit or any purchaser of a first mortgage at a foreclosure sale, that comes into possession of a Unit by foreclosure of the first mortgage or by deed or assignment in lieu of foreclosure, takes the Unit free of any claims for unpaid assessments or any other charges or liens imposed against the Unit by the Association which have accrued against such Unit prior to the acquisition of possession of the Unit by said first mortgage holder or purchaser except for (i) a lien in favor of the association for unpaid assessments for common expenses levied and which became due, without acceleration, during the six months immediately preceding the first day following _____ 32 022818 unreimbursed assessments or charges may be reallocated among all Units in accordance with their interests in the Common Elements. 17.2 Priority of Taxes and Other Charges. All taxes, assessments and charges which may become liens prior to the first mortgage under state law shall relate only to the individual Units and not to the Property as a whole. 17.3 Priority for Condemnation Awards. No provision of the Governing Documents shall give an Owner, or any other part, priority over any rights of the Eligible Mortgagee of the Unit pursuant to its mortgage in case of a distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Unit and/or the Common Elements. The Association shall give written notice to all Eligible Mortgagees of any condemnation or eminent domain proceeding affecting the Property promptly upon receipt of notice from the condemning authority. 17.4 Access to Books and Records/Audit. Eligible Mortgagees shall have the right to examine the books and records of the Association upon reasonable notice during normal business hours, and to receive free of charge, upon written request, copies statements, including those which are audited, shall be available within one is made by FNMA or any institutional guarantor or insurer of a mortgage loan preceding year, the Association shall cause an audit to be made and deliver a copy to the requesting party. 17.5 Notice Requirements. Upon written request to the Association, identifying the name and address of the holder, insurer or guarantor of a mortgage on a Unit, and the Unit number or address, the holder, insurer or guarantor shall be entitled to timely written notice of: a. a condemnation loss or any casualty loss which affects a material portion on the Property or the Unit securing the mortgage; b. a 60 day delinquency in the payment of assessments or charges owned by the Owner of a Unit on which it holds a mortgage; c. a lapse, cancellation or material modification of any insurance policy maintained by the Association; and _____ 33 022818 e. a proposed action which requires the consent of a specific percentage of Eligible Mortgagees. 17.6 Consent Deemed Granted. Consent of a secured party, including an Eligible written refusal to consent is not received by the Association within sixty (60) days after the secured party receives from the Association notice and a copy of the amendment, by certified U.S. Mail, postage prepaid, and return receipt requested. SECTION 18 MISCELLANEOUS 18.1 Severability. If any term, covenant, or provision of this instrument or any exhibit attached hereto is held to be invalid or unenforceable for any reason whatsoever, such determination shall not be deemed to alter, affect or impair in any manner whatsoever any other portion of this instrument or exhibits. 18.2 Construction. Where applicable the masculine gender of any word used herein shall mean the feminine or neutral gender, or vice versa, and the singular of any word used herein shall mean the plural, or vice versa. Any reference herein to MCIOA shall not be interpreted so as to subject the Association or the Declarant to any provision of MCIOA, unless otherwise specifically set forth herein. 18.3 Notices. Unless specifically provided otherwise in the Governing Documents, all notices required to be given by or to the Association, the Board of Directors, the Association officers or the Owners or Occupants shall be in writing and shall be effective upon hand delivery, or upon mailing if properly addressed with postage prepaid and deposited in the United States mail, or upon receipt if delivered by email or other electronic means; except that registrations pursuant to Section 2.2 of the By-Laws shall be effective upon receipt by the Association. 18.4 Conflicts Among Documents. In the event of any conflict among the provisions of the Articles, Declaration, By-Laws and Rules or Regulations, the Articles shall control. In the event of any conflict among the provisions of the Declaration, By- Laws and Rules and Regulations, the Declaration shall control, and as between the By-Laws and the Rules and Regulations, the By-Laws shall control. Notwithstanding the above, where two or more provisions of any documents to which the Property is subject, address the same matter, the more restrictive provision shall control. _____ 34 022818 SECTION 19 RIGHTS OF THE CITY OF CENTERVILLE 19.1 Purpose. The City of Centerville (the "City") has executed various agreements with, and secured certain covenants from, the Declarant and has a continuing interest in the performance of those agreements and covenants. Further, the City has a continuing interest in enforcing the maintenance obligations of the Association, in accordance with the terms set forth herein. 19.2 Right to Enforce Covenants. In the event the Association fails to fulfill its Maintenance obligations set forth in Section 9.1.a., above ("Failure to Maintain"), and such Failure to Maintain shall continue for a period of thirty (30) days after deposit in the United States Mail of written notice of Failure to Maintain upon the Declarant and the Association ("Written Notice") at the registered address of the Association on file with the Minnesota Secretary of State, or at such other address as the Declarant or Association provide to the City, or for such longer period of time as agreed to in writing by the City, then the City shall have the right to enforce such Maintenance obligations, or to enter onto the Property for the purpose of fulfilling the Maintenance obligations identified in the Written Notice. In such event, the City shall have the right to bill the Association for the costs incurred by the City in completing the Maintenance. In the event the Association fails to reimburse the City for such costs, the City may specially assess the costs thereof against the Units on a pro rata basis and/or bring legal action against the Association to collect any sums due to the City hereunder, including reasonable costs and attorney's fees incurred in enforcing this Agreement. SECTION 20 PROPERTY DISCLOSURE 20.1 Declarant hereby discloses that the Declarant does not intend to build the Dwellings located within the Property, and Declarant makes no representation or warranty concerning the identity of the builders who may be constructing homes on the Property. (Signature page attached) _____ 35 022818 IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first above set forth. SHARPER COMMUNITIES, LLC By:______________________________ Its: Chief Manager STATE OF MINNESOTA ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this ___ day of __________, 2018, by _______________, as _______________ of Sharper Communities, LLC, a Minnesota limited liability company, on behalf of the limited liability company. ____________________________ Notary Public THIS INSTRUMENT DRAFTED BY: Gries Lenhardt Allen, P.L.L.P. Jill M. Presseller rd 12725 43 Street NE, Suite 201 St. Michael, MN 55376 (763) 497-3099 _____ 36 022818 PELTIER ESTATES EXHIBIT A TO DECLARATION LEGAL DESCRIPTION OF PROPERTY SCHEDULE OF UNITS/LEGAL DESCRIPTION OF UNITS: Lots 1 24, Block 1, Peltier Estates, Anoka County, Minnesota. COMMON ELEMENTS: Lot 25, Block 1 Peltier Estates, Anoka County, Minnesota. _____ 37 022818 March 2, 2021 Sharper Homes Inc. c/o Nick Roessler 14840 Aberdeen Street Ham Lake, MN 55304 Dear Mr. Roessler: We received your application for Preliminary Plat on January 5, 2021. Staff reviewed it and found it to be incomplete. You were notified of this incomplete status via email, on January 7,2021. We, then, received the missing documents on January 12, 2021 and found your application to be complete as of that day. Under MN State Statute Sect. 15.99, the city must act on your application, to either approve or deny, within 60 days, or we may issue an extension to that deadline of up to an additional 60 days for further review. With this letter, we are extending that deadline from 60 to 120 days. The reason for this extension is to allow more time to review the details of the proposed plat. Therefore, the new deadline for action on your application for Preliminary Plat is May 12, 2021. Additionally, we received your application for a Planned Unit Development on February 24, 2021. Your application was been deemed complete as of February 25, 2021. With this letter, we are extending that deadline from 60 to 120 days. The reason for this extension is to allow more time to review the details of the proposed Planned Unit Development. Therefore, the new deadline for action on your application for a Planned Unit Development is June 25, 2021. Sincerely, Mark R. Statz, PE City Administrator/City Engineer Attachments: Preliminary Plat Application Email correspondence Cc: Kurt Glaser – City Attorney Teresa Bender – City Clerk Phil Carlson – City Planner March 24, 2021 COVID-19 RESPONSE ting pay $13.40/hr. Call 651-429-4750 for more information or stop into city hall for an application. City Hall City Hall is now open to the public Monday through Friday from 7:30 AM to 4:00 PM! All permits & other city services may still be accessed online at www.centervillemn.com or by calling 651-429-3232. Committee meetings are still being held via Zoom, broadcast live on North Metro TV and streamed on their we website, in the Calendar link. A new website is now available to get you signed up to join the queue of those waiting for a vaccine (below). https://vaccineconnector.mn.gov/ More detailed information can be found here: https://mn.gov/covid19/vaccine/whos-getting-vaccinated/vaccinated.jsp SERVICE OPPORTUNITIES Main Street Market Volunteers and Vendors are wanted! Contact us at info@centervillemn.com We are especially looking for people selling locally grown produce. Fete des Lacs Volunteers Wanted The Fete des Lacs Committee is looking for volunteers to help us at info@centervillemn.com first Wednesday of the month at 5:00 PM via Zoom at https://us02web.zoom.us/j/189589471 Adopt a Garden Program on Committee has started an Adopt-a-Garden program to help maintain flower gardens at cityin volunteering, please let us know by emailing info@centervillemn.com We have just a few gardens left! Join the fun and sign up now. Spring Clean-Up Day Clean-up day is scheduled for Saturday, April 24 at 9:00 AM, meeting at City Hall. All are welcome to come and help out. Volunteers are dispersed throughout the city, to clean parks, ditches, shoreline and other public areas. Its helpful for us you announced or not on the day-of. ADMINISTRATION Federal COVID Relief Package Below, is an excerpt from the League of Minne of the Federal COVID relief package, recently signed into law. Center estimated at $455,747, deliverable in two installments (half on May 11 and half next year). President Biden Signs American Rescue Plan With $350 Billion for State and Local Governments March 15, 2021 The package includes $65 billion in recovery funds for cities of all sizes. President Biden signed the $1.9 trillion American Rescue Plan on March 11. It includes $350 billion in federal aid for states, municipalities, counties, tribes, and territories. Coronavirus Local Fiscal Recovery Fund In addition to the $350 billion for states and local governments, the act provides federal aid for all 19,000 municipal governments across the country via the Coronavirus Local Fiscal Recovery Fund, including: $130 billion for local governments split evenly between municipalities and counties. $65 billion allocated to cities through a modified Community Development Block Grant formula as follows: $45.9 billion for entitlement communities (over 50,000 in population). $19.5 billion for non-entitlement communities (under 50,000 in population). The law also spells out a few other details about the aid to local governments, including that: Funds will be released in two payments to local governments, with half following enactment and half paid 12 months following receipt of first payment. There will be no minimum population threshold for payments, but non-entitlement distributions will be capped at 75% of the pre-pandemic city budget. Funds can be used to replace lost revenue. Funds can be transferred between jurisdictions or to nonprofit partners. There is an expenditure deadline of Dec. 31, 2024. Additional details Other provisions in the law of importance to cities include: A federally financed COBRA subsidy that is available for up to six months for eligible individuals. (Learn more about this from consultants at Gallagher.) $25 billion in emergency rental assistance. $15 billion for Small Business Emergency Injury Disaster Loans. $25 billion for grants to restaurants and bars to meet payroll and other expenses. $7.6 billion Emergency Connectivity Fund to assist with internet access for distance learning. $7 billion in additional funding for the Paycheck Protection Program. $4.5 billion in assistance for low-income individuals to assist with energy/water bills. Funding for coronavirus testing, contact tracing, and vaccine distribution. Extension of weekly federal unemployment benefits of $300 through Sept. 6. $1,400 stimulus checks for individuals earning up to $75,000 per year and couples earning up to $150,000 per year. PARKS AND RECREATION th Centerville Heroes are making Fete des Lacs a reality. Watch for updates here: http://fetedeslacs.org/ Or check out the video here: https://www.youtube.com/watch?v=vU9u_W2rBxo&t=4s ECONOMIC DEVELOPMENT Anoka County Business Relief Grant Program Eight businesses in Centerville received grants between $4,000 and $25,000, totaling $119,000, through the County-administered grant program, using State COVID Relief Funds. All businesses that received an award have now been notified. There are no further grant programs open at this time, through the county, for direct business relief. The County has not yet decided how they will allocate their funding through the $1.9 Trillion Federal American Rescue Plan. Minnesota Technology Corridor The Excipio Data Center Feasibility Study will be presented at the MN Real Estate Quad Area Chamber of Commerce The Quad Area Chamber hosted a virtual lunch and learn on March 17, to discuss work force issues during and after the pandemic. Speakers from both an employment agency and the Anoka County Career Force training center presented information. Economic Development Authority (EDA) Main Street Enhancements The EDA met on March 17 and discussed moving forward with their budgeted project of installing banners on light poles along Main Street. The committee will be working with the Parks Commission to design the artwork and chose certain themes, etc. The plan is to have the banners up before Memorial Day. CenterStageKettleball Gym Video COMMUNITY DEVELOPMENT 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. th Centerville Storage (20Ave. Mini Storage) Building construction continues. Grading, paving and restoration work will finish up in the Spring. 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. Peltier Estates The Preliminary Plat and Preliminary Planned Unit Development for Peltier Estates will be th considered by the City Council at their March 24 meeting. Construction of the development could begin in the spring. Atlas Villas Memory Care Project (1825 Main Street) Building construction work continues as the new facility takes shape on Main Street. 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 Memorandum of Understanding has been drafted between the City and Centra Homes to further detail the agreement for constructing to downtown. Centra Homes is working with an architect to explore various site layouts, townhome models and driveway and parking arrangements. Development Inquiries Used Auto Parts Store looking for a new location Rehbein Commercial R&R Leasing is proposing a subdivision of their land thst between 20 Ave. and 21 Ave., north of Main Street. The 24 acre plat includes 5 proposed lots. In conjunction with the plat, development partners are proposing a 103- unit, luxury apartment, a 40- unit, high acuity assisted living and memory care facility and a Kwik Trip convenience store. The two remaining lots would be for sale to as commercial sites. The Planning Commission will review all proposals at their April 6 meeting. See corresponding numbered sites below. 1 - Belleville Landing Apartments Apollo Development, in partnership with Halverson and Blasier Group, is proposing a 103-unit apartment building as part of the Rehbein Commercial Plat. The project would st be located across 21 Avenue from the Park and Ride facility. Covered parking would be available on the ground level of the building, with 3 stories of apartments above, including a rooftop deck, pet spa, fitness center and other amenities. 2 - NorBella Senior Living Several development partners are proposing a 40-unit, High Acuity Assisted Living and Memory Care facility (below) as part of the Rehbein Commercial Plat. 3 - Kwik Trip A Kwik Trip convenience store, with car wash, gas and diesel fuel is being proposed as part of the Rehbein Commercial Plat. The store would be located just west of MidwestOne Bank, along Main Street. General None COMMUNITY ENGAGEMENT Web Site Social Media Calendar Updates CenterStage Meeting Agendas Committee Agendas/Packets uploaded Vaccine info Reader Board Business Email List Meeting Schedules Quad Chamber Events COVID-19 Information Community Email List Summer Staff Ad Comments & Concerns from Public Meeting Agendas Light pole down on Main Street Connect with the City on these platforms FINANCE COVID-19 Relief Programs Recently, the President signed into law the $1.9 Trillion American Recovery Plan, which includes direct aid to cities. The current estimate of funds slated for Centerville is $455,747. We continue to code our expenses related to the pandemic separately from normal costs to make documenting our impacts easy. PUBLIC WORKS/STREETS City Hall Renovation CITY HALL IS NOW OPEN! Street Sweeping Street sweeping will begin in the coming weeks. Please clean out any storm drains adjacent to your home to help keep our lakes and streams clear of debris. STORMWATER/WETLAND Anoka Conservation District Capacity Funding Impact Each year since 2016, soil and water conservation districts across the state, including ACD, have receiving a special allocation from the Clean Water Fund of the Clean Water, Land and Legacy Amendment to build statewide capacity to provide conservation related programs and services. Each district utilizes these funds differently to meet the needs of their constituents and natural resources. Following is a snapshot of how ACD relies on these funds. District Capacity funds (DCF) have made the greatest difference in Anoka Conservation District (ACD) operations by serving as a highly adaptable funding source. We use DCF to tackle critical but small tasks that elevate our overall function and efficiency. Most individual projects and activities funded with DCF cost less than $5,000. 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. Adopt a Storm Drain Program neighborhood, you can do so by signing up here: https://adopt-a-drain.org/ Fourteen people in Centerville ve got a lot more than 14 storm drains)! SEWER AND WATER Commercial Water Connection Fee Assistance businesses through the pandemic, a new program was introduced, cutting connection fees for city water in half, through the end of 2021 for commercial properties. If you own a commercial property in Centerville that is not currently hooked to city water, and are interested in learning more, please call Administrator Statz at 651-792-7931. Wellhead Protection Plan The Minnesota Department of Health has acknowledged receipt of a draft of the Part II Wellhead Protection Plan. The plan has a 90-day period for review and comment, prior to final acceptance. 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. PUBLIC SAFETY Centennial Lakes Police Department Safety Improvements Camera upgrades have been completed and lighting quotes are being solicited. Centennial Fire District Fire District Organizational Study -up was presented to the Steering Committee. The Committee instructed the Operations Committee to look into regional collaboration opportunities with adjoining departments. Staff are engaged in those discussions and will bring information on those possibilities back to the Steering Committee in the coming weeks.