Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2022-01-12 CC Packet
CITY OF CENTERVILLE CITY COUNCIL MEETING AGENDA (Revised) Wednesday, January 12, 2022 6:30 p.m. MEETING IS IN PERSON CITY HALL COUNCIL CHAMBERS Meeting Live Streamed at: https://northmetrotv.com/centerville-stream/ COUNCIL MEETING (6:30 PM) I. CALL TO ORDER 1. Roll Call II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. APPOINTMENTS/PRESENTATIONS 1. Special Guest Speaker V. PUBLIC HEARING 1. None VI. APPROVAL OF MINUTES 1. None VII. CONSENT AGENDA 1. City of Centerville Claims through January 12, 2022 (Check #34783-34838), Voided Check #34736 & (1815E-1826E) (pg. ) 2. Centennial Lake Police Department Claims through December 30, 2021 (Check #14101-14173), (E2021065-2021070 & E2022000-2022003), Payroll (Check #14135- 14136 & 114099-14100) & Voided Check #13876 (pg. ) 3. Centennial Fire District Claims through December 14, 2021 (Check #9209-9231), (E2021018-E2021019), Payroll (Check #9205-9208) & Voided Check #9125 (pg. ) 4. Proclamation Î School Choice Week 5. Parks & Rec. Recommendation to Contract with Langer Tree Service for Removal of Trees from Eagle Park 6. Renewal of BCA Joint Powers Agreement 7. Approval of Administrator Statz Contract VIII. OLD BUSINESS 1. Res. #22-0XX Î Adopting the 2022 List of Appointments nd 2. Ord. #122, Second Series, 2022 Fee Schedule (2 Reading) 3. Sorel Quarter a. Preliminary Plat Approval b. Preliminary Conditional Use Permit for a Planned Unit Development IX. NEW BUSINESS 1. Resolution #22-0XX Approving Participation in Opioid Litigation Settlements 2. Ordinance #120, Second Series, Amendments to Sign Ordinance (First Reading) 3. Ordinance #121, Second Series, Amendments to Land Dedication Ordinance (First Reading) 4. Snow Plowing Policy X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1.Administrator/Engineer Report (pg. ) 2.Council Reports a.Lakso Anoka County Fire Protection Council Parks & Recreation b. Koski Fire Steering Committee Planning & Zoning Commission c. King Economic Development Authority d. Mosher Economic Development Authority Police Governing Board e. Love North Metro Telecommunications Commission Police Governing Board Fire Steering Committee Other Mayoral Reports XI. ADJOURNMENT INFORMATIONAL MATERIAL First Time Homebuyers Loan Summary Report 2022 Meeting Calendar REMINDERS All meetings begin at 6:30 PM unless otherwise noted EDA Î Wednesday, January 19, 2022 City Council Î Wednesday, January 26, 2022 (5:00 Workshop/6:30 Mtg) Planning and Zoning Commission Î Tuesday, February 1, 2022 Parks and Recreation Committee Î Wednesday, February 2, 2022 Fete des Lacs Committee Î Wednesday, February 2, 2022 (5:00 PM) 01/07/22 8:40 AM CITY OF CENTERVILLE Page 1 *Check Summary Register© Batch: 011221PAY,011222pay2 Check Amt Check Date Name 10100 MIDWESTONE BANK 1821eOPTUM BANK - H.S.A.1/10/2021$1,287.58H.S.A W/H - PAY PERIOD 1 1822ePUBLIC EMPLOYEES RETIREME1/7/2022$3,493.35PERA W/H - PAY PERIOD 1 1823eIRS/EFTPS1/7/2022$6,661.87FED W/H - PAY PERIOD 1 1824eMINNESOTA DEPT OF REVENUE1/7/2022$1,075.21STATE W/H - PAY PERIOD 1 1825eTASC1/5/2022$114.58F.S.A. W/H - PAY PERIOD 1 1826eMINNESOTA DEPT OF REVENUE1/7/2022$1,412.00COMM WATER SALES TAX - DEC. 2021 34805A-1 EXCAVATING INC.1/12/2022$27,041.18REPLACEMENT CK - CV 2020 DT AREA STR 34806AIRFRESH INDUSTRIES, INC.1/12/2022$290.00PORTABLE RESTROOMS RENTALS - 12-13- 34807ALL SEASONS RENTAL1/12/2022$189.00BOBCAT BRUSH CUTTER 34808ALLSTREAM1/12/2022$101.94PHONE CHARGES SERV THRU 12-23-21 TH 34809AMERITAS1/12/2022$6.12JAN. 2022 VISION CARE 34810ANOKA COUNTY PROPERTY RE1/12/2022$46.002349047.005 - 1837 OLD MILL CT - RECORDI 34811ASCAP1/12/2022$390.00LICENSE FEE FOR MUSIC IN THE PARK 34812CANON FINANCIAL SERVICES IN1/12/2022$33.13 P.W. COPIER MAINTENANCE SEV THRU 12 34813CENTENNIAL FIRE DISTRICT1/12/2022$74,599.001ST QTR 2022 - FIRE SERVICES 34814CENTENNIAL LAKES POLICE DE1/12/2022$76,003.83JAN. 2022 POLICE SERVICES 34815CLEAN RIVER RECYCLING SOLU1/12/2022$7,680.00RECYLCING/GARBAGE CONTAINERS W/GR 34816CONNEXUS ENERGY1/12/2022$300.032085 W CEDAR ST - SERV THRU 12-28-21 34817DELTA DENTAL1/12/2022$414.70JAN. 2022 DENTAL INS 34818GOPHER STATE ONE CALL INC1/12/2022$22.95DECEMBER 2021 SERVICES 34819HACH COMPANY1/12/2022$322.44SUPPLIES 34820INDIGO SIGNS1/12/2022$61.50NAME PLATES 34821INNOVATIVE OFFICE SOLUTION1/12/2022$130.46OFFICE SUPPLIES 34822INSTRUMENTAL RESEARCH INC1/12/2022$52.50DECEMBER WATER TESTING 2021 34823LINCOLN NATIONAL LIFE INSUR1/12/2022$318.93LONG TERM DISABILITY INS - THRU 1-31-22 34824METROPOLITAN COUNCIL ENVIR1/12/2022$9,840.604TH QTR 2021 - SAC CHARGES 34825MN PEIP1/12/2022$3,676.80HEALTH INSURANCE - THRU 2-28-21 34826NORTHLAND SECURITIES, INC.1/12/2022$1,900.00ANNUAL CONTINUING DISCLOSURE FILING 34827NORTHLAND TRUST SERVICES, I1/12/2022$395,488.88GEN. OBLG IMPRO CROSSOVER REFUNDIN 34828NYKANEN INSPECTIONS LLC1/12/2022$296.00ELECTRICAL INSPECTIONS THRU 12-31-21 34829PETERSON COMPANIES, INC.1/12/2022$342.86IRRIGATION SERVICES - REMOVE OLD CON 34830RICE CREEK WATERSHED DIST1/12/2022$242.00CENTERVILLE INSPECTIONS - PRIVATE SIT 34831SAFEGUARD SECURITY1/12/2022$44.95MONTHLY FIRE ALARM MONITORING - CITY 34832SECURITY CONTROL SYSTEMS, 1/12/2022$17.50REMOTE ADMIN OF SECURITY SYSTEM - A 34833SENSUS USA, INC.1/12/2022$1,949.94SOFTWARE SUPPORT FOR METER READS 34834SUN LIFE INSURANCE COMPANY1/12/2022$257.47LIFE INSURANCE - JAN 2022 34835TASC1/12/2022$10.00ADMINISTRATION FEE - COBRA - FEB. 2022 34836TIMESAVER OFF SITE SECRETA1/12/2022$151.00P & Z MEETING - DEC. 7, 2021 34837TWIN CITY MECHANICAL INC1/12/2022$3,195.00HVAC SERVICES - CITY HALL 34838MN DEPT OF LABOR & INDUSTR1/12/2022$2,907.744TH QTR BUILDING SURCHARGES Total Checks $622,369.04 01/07/22 8:47 AM CITY OF CENTERVILLE Page 1 *Check Summary Register© Batch: 122121PAYPR,122921PAY,123021HCSP Check Amt Check Date Name 10100 MIDWESTONE BANK 1817ePUBLIC EMPLOYEES RETIREME12/23/2021$3,671.72PERA W/H - PAY PERIOD 26 1818eIRS/EFTPS12/23/2021$7,551.92FED W/H - PAY PERIOD 26 1819eOPTUM BANK - H.S.A.12/23/2021$1,296.01H.S.A. 1820eMINNESOTA DEPT OF REVENUE12/23/2021$1,253.74STATE W/H - PAY PERIOD 26 1827eSTATE OF MINNESOTA12/31/2021$1,416.16TO RECORD PAYMENT TO HEALTH CARE S 34804M & G TRAILER SALES12/29/2021$10,018.222022 UTILITY TRAILER Total Checks $25,207.77 01/07/22 8:48 AM CITY OF CENTERVILLE Page 1 *Check Summary Register© Batch: 12-21-21pay Check Amt Check Date Name 10100 MIDWESTONE BANK 1815eMINNESOTA DEPT OF REVENUE12/15/2021$2,293.00NOV. 2021 SALES TAX 1816eTASC12/17/2021$114.66F.S.A. W/H 34783AID ELECTRIC CORPORATION12/21/2021$9,875.02TROUBLE SHOOT D.T. STREET LIGHTS 34785BLAINE BROTHERS, INC.12/21/2021$2,519.302007 STERLING TRUCK SINGLE AXLE - REP 34786CENTERPOINT ENERGY12/21/2021$1,374.131880 MAIN STREET - SERV THRU 11-24-21 34787E.G. RUD & SONS12/21/2021$550.00FIELD ASBUILT - REAR SWALE - L1 B1 OLD 34788EMBEDDED SYSTEMS INC12/21/2021$553.506 MONTH SIREN MAINTENANCE FEE (1-1-22 34789GENES DISPOSAL SERVICE, INC12/21/2021$4,210.22CLEAN UP W/ROLLLOFF - 7353 2OTH AVE 34790HUSIENGA, JAMES12/21/2021$190.002021 BOOT/SAFTEY SHOE ALLOWANCE RE 34791INSTRUMENTAL RESEARCH INC12/21/2021$52.50NOVEMBER 2021 WATER TESTING 34792INTERNATIONAL UNION OF OPE12/21/2021$105.00DEC. 2021 UNION DUES 34793KRIS SWEENEY/PETTY CASH12/21/2021$80.25REIMBURSE PETTY CASH DRAWER 34794MARCO, INC.12/21/2021$202.42STANDARD PAYMENT PER CONTRACT 34795MN PEIP12/21/2021$3,217.20JAN. 2022 HEALTH INSURANCE 34796NATIONWIDE RETIREMENT SOL12/21/2021$1,083.33DEF.COMP W/H - PAY PERIOD 26 34797PETERSON, TEDD12/21/2021$190.00REIMBURSE FOR BOOT ALLOWANCE 2021 34798POSTMASTER12/21/2021$2,000.00POSTAGE FOR 1ST CLASS BULK RATE MAI 34799RESULTS TITLE**12/21/2021$601.01REFUND OVER PYMT ON 1701 PELTIER LA 34800SWEENEY, KRIS12/21/2021$96.48MILEAGE REIMBURSMENT FROM 1-6-21 TR 34801TOKLE INSPECTIONS, INC.12/21/2021$144.00ELECTRICAL INSPECTIONS 11-1-21 THRU 1 34802VERIZON12/21/2021$248.53CELL SERV THRU 12-9-21 34803XCEL ENERGY12/21/2021$4,829.861880 MAIN ST - SERV THRU 12-5-21 Total Checks $34,530.41 CENTENNIAL LAKES POLICE DEPTCheck Register - POLICEPage: 1 Check Issue Dates: 12/31/2021 - 1/6/2022Jan 06, 2022 03:56PM Report Criteria: Report type: Summary Check NumberCheck Issue DatePayeeAmount 1415901/06/2022ASPEN MILLS, INC7,719.00 1416001/06/2022BUREAU OF CRIM. APPREHENSION390.00 1416101/06/2022BARNUM GATE SERVICES, INC304.00 1416201/06/2022CWKK CrimeDex79.00 1416301/06/2022CENTURY LINK122.60 1416401/06/2022COVERALL NORTH AMERICA, INC820.00 1416501/06/2022EMERGENCY CONTRACTORS815.00 1416601/06/2022GEORGE'S INC170.00 1416701/06/2022IAPE65.00 1416801/06/2022INTERNATIONAL ASSOC. OF CHIEFS OF POLICE190.00 1416901/06/2022MARIE RIDGEWAY LICSW, LLC110.00 1417001/06/2022MN CHIEFS OF POLICE ASSOC406.00 1417101/06/2022MOBILE VEHICLE INTEGRATION LLC2,694.75 1417201/06/2022SHRED-N-GO, INC66.75 1417301/06/2022VERIZON WIRELESS1,156.38 202200001/06/2022OPTUM FINANCIAL, INC.18.75 202200101/06/2022DELTA DENTAL1,142.08 202200201/06/2022OPTUM FINANCIAL, INC.28,671.59 202200301/06/2022U S BANK961.00 Grand Totals: 45,901.90 M = Manual Check, V = Void Check CENTENNIAL LAKES POLICE DEPTCheck Register - POLICEPage: 1 Check Issue Dates: 12/24/2021 - 12/30/2021Dec 30, 2021 02:02PM Report Criteria: Report type: Summary Check NumberCheck Issue DatePayeeAmount 1415412/30/2021ASPEN MILLS, INC403.45 1415512/30/2021BARNUM GATE SERVICES, INC264.00 1415612/30/2021GEORGE'S INC465.00 1415712/30/2021HOME DEPOT CREDIT SERVICES848.20 1415812/30/2021QUILL LLC60.76 Grand Totals: 2,041.41 M = Manual Check, V = Void Check CENTENNIAL LAKES POLICE DEPTCheck Register - POLICEPage: 1 Check Issue Dates: 12/15/2021 - 12/23/2021Dec 23, 2021 11:50AM Report Criteria: Report type: Summary Check NumberCheck Issue DatePayeeAmount 1413712/23/2021AMAZON72.99 1413812/23/2021ANOKA COUNTY ATTORNEY121.00 1413912/23/2021ASPEN MILLS, INC326.00 1414012/23/2021CONNEXUS ENERGY1,989.19 1414112/23/2021DEPUTY REGISTRAR #15040.00 1414212/23/2021DIRECT RADAR/LIDAR TESTING475.00 1414312/23/2021FOREST LAKE SPORTSMAN'S CLUB540.00 1414412/23/2021GEORGE'S INC440.00 1414512/23/2021THE HOME DEPOT PRO52.95 1414612/23/2021LVC COMPANIES, INC266.25 1414712/23/2021PETTY CASH/JEFF LAMBRECHT77.25 1414812/23/2021PITNEY BOWES, INC56.52 1414912/23/2021POMPS TIRE528.64 1415012/23/2021PURCHASE POWER INC2.15 1415112/23/2021QUILL LLC227.17 1415212/23/2021STATE OF MINNESOTA60.00 1415312/23/2021TWIN CITIES TRANSPORT & RECOVERY INC100.00 Grand Totals: 5,375.11 Payroll Check #14135-14136 M = Manual Check, V = Void Check CENTENNIAL LAKES POLICE DEPTCheck Register - POLICEPage: 1 Check Issue Dates: 12/10/2021 - 12/14/2021Dec 14, 2021 02:54PM Report Criteria: Report type: Summary Check NumberCheck Issue DatePayeeAmount 1412512/14/2021ASPEN MILLS, INC102.70 1412612/14/2021CENTENNIAL UTILITIES518.33 1412712/14/2021CITY OF CIRCLE PINES255.05 1412812/14/2021GEORGE'S INC1,500.00 1412912/14/2021IMAGE PRINTING & GRAPHICS, INC32.50 1413012/14/2021INTOXIMETERS, INC575.00 1413112/14/2021METRO SALES, INC77.20 1413212/14/2021OFFICE OF MN IT SERVICES44.60 1413312/14/2021O'REILLY AUTOMOTIVE, INC19.83 1413412/14/2021TWIN CITIES TRANSPORT & RECOVERY INC200.00 202106912/14/2021DEARBORN NATIONAL1,664.17 202107012/14/2021HEALTH PARTNERS11,769.65 Grand Totals: 16,759.03 M = Manual Check, V = Void Check CENTENNIAL LAKES POLICE DEPTCheck Register - POLICEPage: 1 Check Issue Dates: 12/3/2021 - 12/9/2021Dec 08, 2021 04:43PM Report Criteria: Report type: Summary Check NumberCheck Issue DatePayeeAmount 1387612/08/2021LOGAN LARSON9.00-V 1411812/09/2021CONSOLIDATED COMMUNICATIONS396.06 1411912/09/20214IMPRINT, INC1,415.10 1412012/09/2021THE HOME DEPOT PRO419.45 1412112/09/2021IMAGE PRINTING & GRAPHICS, INC57.75 1412212/09/2021KNOWLAN'S SUPER MARKETS10.47 1412312/09/2021MARIE RIDGEWAY LICSW, LLC150.00 1412412/09/2021CITY OF ROSEVILLE4,527.75 202106712/09/2021U S BANK1,908.92 202106812/09/2021WEX BANK4,118.38 Grand Totals: 12,994.88 M = Manual Check, V = Void Check CENTENNIAL FIRE DISTRICTCheck Register - FIREPage: 1 Check Issue Dates: 12/15/2021 - 1/11/2022Jan 07, 2022 12:50PM Report Criteria: Report type: Summary Check NumberInput DateCheck Issue DatePayeeAmount 922101/07/202201/11/2022ASPEN MILLS, INC248.95 922201/07/202201/11/2022CENTENNIAL UTILITIES458.78 922301/07/202201/11/2022CITY OF CIRCLE PINES89.61 922401/07/202201/11/2022CONNEXUS ENERGY624.89 922501/07/202201/11/2022FRATTALLONE'S HARDWARE STORE23.16 922601/07/202201/11/2022THE LINCOLN NATL LIFE INS CO4.56 922701/07/202201/11/2022MN STATE FIRE DEPT ASSOC495.00 922801/07/202201/11/2022MY ALARM CENTER, LLC247.20 922901/07/202201/11/2022PERFORMANCE PLUS LLC3,427.00 923001/07/202201/11/2022VERIZON WIRELESS377.46 923101/07/202201/11/2022WITMER PUBLIC SAFETY GROUP, INC801.71 Grand Totals: 6,798.32 M = Manual Check, V = Void Check CENTENNIAL FIRE DISTRICTCheck Register - FIREPage: 1 Check Issue Dates: 12/14/2021 - 12/14/2021Dec 14, 2021 12:18PM Report Criteria: Report type: Summary Check.Check number = 9217-9220 Check NumberInput DateCheck Issue DatePayeeAmount 921712/14/202112/14/2021ANOKA COUNTY112.50 921812/14/202112/14/2021CONNEXUS ENERGY538.20 921912/14/202112/14/2021MN Fire Service Certification Board1,230.00 922012/14/202112/14/2021VERIZON WIRELESS270.02 Grand Totals: 2,150.72 M = Manual Check, V = Void Check PROCLAMATION School Choice Week January 23 - January 29, 2022 WHEREAS all children in the City of Centerville should have access to the highest-quality education possible; and, WHEREAS the City of Centerville recognizes the important role that an effective education plays in preparing all students in Government Name to be successful adults; and, WHEREAS quality education is critically important to the economic vitality of the City of Centerville; and, WHEREAS the City of Centerville is home to a multitude of high quality public and nonpublic schools from which parents can choose for their children, in addition to families who educate their children in the home; and WHEREAS, educational variety not only helps to diversify our economy, but also enhances the vibrancy of our community; and, WHEREAS the City of Centerville has many high-quality teaching professionals in all types of school settings who are committed to educating our children; and, WHEREAS, School Choice Week is celebrated across the country by millions of students, parents, educators, schools and organizations to raise awareness of the need for effective educational options; NOW, THEREFORE, the City of Centerville do hereby recognize January 23 Î January 29, 2022 as School Choice Week, and I call this observance to the attention of all of our citizens. ________________________ Mayor, D. Love Attest: _________________________ City Clerk, Teresa Bender CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: January 12, 2022 Parks & Recreation VII.5 TITLE OF ISSUE: BACKGROUND AND SUPPLEMENTAL INFORMATION: Staff solicited quotes for tree clearing in Eagle Park. The project would remove 83 trees from the park in an effort to extend the life of the remaining trees and to clean up the wooded areas. At their meeting on January 5, 2022, the Parks and Recreation Committee made a motion to recommend approval of the quote from Langer's Tree Service. COST AND SOURCE(S) OF FUNDING: $6,950 -- Parks Maintenance (General Fund) REQUESTED COUNCIL ACTION: Motion to approve a contract with Langer's Tree Service for removal of trees in Eagle Park. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, (“BCA”) and the City of Centerville on behalf of its Prosecuting Attorney (“Agency”), and by and for the benefit of the State of Minnesota acting through its State Court Administrator’s Office (“Court”) who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 202571, of even or prior date, for Agency use of BCA systems and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA,the Agencyand the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendmentas shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 1 a.“Authorized Court Data Services” means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master AuthorizationAgreement”) between the Courtand the BCA. b. “Court Data Services” means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the ) or other location designated by the Court, as the current address is www.courts.state.mn.us same may be amended from time to time by the Court. c. “Court Records” means all information in any form made available by the Court to Subscriber through the BCAfor the purposes of carrying out this Subscriber Amendment, including: i. “Court Case Information” means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. “Court Confidential Case Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. “Court Confidential Security and Activation Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. “Court Confidential Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. “DCA” shall mean the district courts of the state of Minnesota and their respective staff. e. “Policies & Notices” means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber’s use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 2 f. “Rules of Public Access” means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. “Court” shall mean the State of Minnesota, State Court Administrator's Office. h. “Subscriber” shall mean the Agency. i. “Subscriber Records” means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber’s access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber’s duties 3 required or authorized by lawor court rulein connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber’s access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber’s duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber’s obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber’s bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber’s bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 4 7.LICENSE AND PROTECTION OF PROPRIETARY RIGHTS.During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Courtand its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks “MNCIS” and “Odyssey.” d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber’s receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 5 e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court’s licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court’s licensors, and DCA for reasonable attorneys fees incurred by the Court, Court’s licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 6 10. AVAILABILITY.Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber’s Authorized Court Data Servicesin the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. \[reserved\] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber’s Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber’s bona fide personnel or by means of Subscriber’s equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber’s logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber’s failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the 7 BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13.FEES; INVOICES.Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendmentor upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber 8 hereunder shall be deemed to have been received when personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by anyparty at any time to enforce any of the provisions of this Subscriber Amendmentor any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendmentshall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 9 1. SUBSCRIBER (AGENCY) 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Subscriber must attach written verification of authority to sign on behalf of and bind the entity, Name: ____________________________________________ (PRINTED) such as an opinion of counsel or resolution. Signed: ___________________________________________ Name: MARK STATZ (PRINTED) Signed: _______________________________________ Title: _____________________________________________ (with delegated authority) Date: _____________________________________________ Title: CITY ADMINISTRATOR (with delegated authority) Date: ________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: ______________________________________________ Name: TERESA BENDER Date: _____________________________________________ (PRINTED) Signed: _______________________________________ 4. COURTS Authority granted to Bureau of Criminal Apprehension Title: ________________________________________ Name: ____________________________________________ (with delegated authority) (PRINTED) Date: CITY CLERK Signed: ___________________________________________ Title: _____________________________________________ (with authorized authority) Date: _____________________________________________ 10 MEMORANDUM TO:MAYOR AND CITY COUNCIL FROM: KURT GLASER, PROSECUTING ATTORNEY SUBJECT: RENEW OF CONTRACT WITH BUREAU OF CRIMINAL APPREHENSION FOR PROSECUTION TOOLS DATE: 12/16/2021 SUMMARY: Request for the City to renew a contract with the Bureau of Criminal Apprehension granting the City Prosecutor access to computer systems used investigate and prosecute offenses. COUNCIL ACTION REQUESTED: Please approve the attached Resolution. DISCUSSION: We use computer systems operated by the Bureau of Criminal Apprehension to perform basic prosecution functions such as researching the criminal history of individuals or charging criminal offenses. There is a nominal cost of $150 per quarter. Our law firm receives a bill from the BCA and passes that cost through to the city as part of our billing. The term of this contract is for 5 years (previous contracts where for 3 years). RESOLUTION NO. _______________ RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF ______________ ON BEHALF OF ITS CITY ATTORNEY WHEREAS, the City of Centerville on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State’s criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Centerville, Minnesota as follows: 1.That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Centerville on behalf of its Prosecuting Attorney and Police Department, are hereby approved. 3.That the CITY ADMINISTRATOR – MARK STATZ, or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. 4.That D. LOVE, the Mayor for the City of Centerville, and TERESA BENDER, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Council on this _____ day of _________-, ______. CITY OF CENTERVILLE _________________________________ By: D. LOVE Its Mayor ATTEST:____________________________________ By: TERESA BENDER Its City Clerk SWIFT Contract # 202571 MN002139A State of Minnesota Joint Powers Agreement This Agreement is between the State of Minnesota, acting through its Department of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the City of Centerville on behalf of its Prosecuting Attorney ("Governmental Unit"). The BCA and the Governmental Unit may be referred to jointly as “Parties.” Recitals Under Minn. Stat. § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46, the BCA must provide a criminal justice data communications network to benefit political subdivisions as defined under Minn. Stat. § 299C.46, subd. 2 and subd. 2(a). The Governmental Unit is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this Agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized political subdivisions in performing their duties. The Governmental Unit wants to access data in support of its official duties. The purpose of this Agreement is to create a method by which the Governmental Unit has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective Date. This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration Date. This Agreement expires five years from the date it is effective. 2 Agreement Between the Parties 2.1 General Access. BCA agrees to provide Governmental Unit with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Governmental Unit is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of Access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Governmental Unit use the Governmental Unit’s equipment to access the BCA’s systems and tools. This is generally accomplished by an individual user entering a query into one of BCA’s systems or tools. B. Indirect Access occurs when individual users at the Governmental Unit go to another Governmental Unit to obtain data and information from BCA’s systems and tools. This method of access generally results in the Governmental Unit with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-Computer System Interface occurs when the Governmental Unit’s computer exchanges data and information with BCA’s computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Governmental Unit employees or contractors may use any of these methods to use BCA’s systems and tools as described in this Agreement. Governmental Unit will select a 1 DPS/BCA CJDN JPA_March 2021 SWIFT Contract # 202571 MN002139A method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal Systems Access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Governmental Unit with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. 2.4 Governmental Unit Policies. Both the BCA and the FBI’s Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-employment), security, timeliness, training, use of the system, and validation. Governmental Unit has created its own policies to ensure that Governmental Unit’s employees and contractors comply with all applicable requirements. Governmental Unit ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://bcanextest.x.state.mn.us/launchpad/ . 2.5 Governmental Unit Resources. To assist Governmental Unit in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx .Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://bcanextest.x.state.mn.us/launchpad/cjisdocs/docs.cgi?cmd=FS&ID=795&TYPE=DOCS. 2.6 Access Granted. A. Governmental Unit is granted permission to use all current and future BCA systems and tools for which Governmental Unit is eligible. Eligibility is dependent on Governmental Unit (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Governmental Unit’s written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Governmental Unit grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Governmental Unit needs to meet its criminal justice obligations and for which Governmental Unit is eligible. 2.7 Future Access. On written request from the Governmental Unit, BCA also may provide Governmental Unit with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Governmental Unit agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on Access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Governmental Unit agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes Prior Agreements. This Agreement supersedes any and all prior agreements between the BCA and the Governmental Unit regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to Update Information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving the Governmental Unit as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction Record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Governmental Unit conducted a 2 DPS/BCA CJDN JPA_March 2021 SWIFT Contract # 202571 MN002139A particular transaction. If Governmental Unit uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA’s transaction record meets FBI-CJIS requirements. When Governmental Unit’s method of access is a computer-to-computer interface as described in Clause 2.2C, the Governmental Unit must keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If a Governmental Unit accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Governmental Unit must have a transaction record of all subsequent access to the data that are kept by the Governmental Unit. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA’s request. 2.12 Court Information Access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Governmental Unit if the Governmental Unit completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by the Governmental Unit under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Governmental Unit’s access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor Personnel Screening. The BCA will conduct all vendor personnel screening on behalf of Governmental Unit as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Governmental Unit. 3 Payment The Governmental Unit currently accesses the criminal justice data communications network described in Minn. Stat. §299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible for the cost of access. The Governmental Unit will identify the third party and provide the BCA with the contact information and its contact person for billing purposes so that billing can be established. The Governmental Unit will provide updated information to BCA’s Authorized Representative within ten business days when this information changes. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA’s Authorized Representative is the person below, or her successor: Name: Dana Gotz, Deputy Superintendent Address: Minnesota Department of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Avenue 3 DPS/BCA CJDN JPA_March 2021 SWIFT Contract # 202571 MN002139A Saint Paul, MN 55106 Telephone: 651.793.1007 Email Address: Dana.Gotz@state.mn.us The Governmental Unit’s Authorized Representative is the person below, or his/her successor: Name: Kurt Glaser, Attorney th Address: 2140 4 Ave N, Ste 5 Anoka, MN 55303 Telephone: 612.333.6513 Email Address: kglaser@bbkglaw.com 5 Assignment, Amendments, Waiver, and Agreement Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws, governs the Governmental Unit’s liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit’s books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Governmental Unit’s records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If the Governmental Unit accesses federal databases, the Governmental Unit’s records are subject to examination by the FBI and BCA; the Governmental Unit will cooperate with FBI and BCA auditors and make any requested data available for review and audit. 7.4 If the Governmental Unit accesses state databases, the Governmental Unit’s records are subject to examination by the BCA: the Governmental Unit will cooperate with the BCA auditors and make any requested data available for review and audit. 4 DPS/BCA CJDN JPA_March 2021 SWIFT Contract # 202571 MN002139A 7.5 To facilitate the audits required by state and federal law, Governmental Unit is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Governmental Unit. The Governmental Unit and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Governmental Unit or the BCA. 8.2 Court Records. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Governmental Unit comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of Alleged Violations; Sanctions For purposes of this clause, “Individual User” means an employee or contractor of Governmental Unit. 9.1 Investigation. The Governmental Unit and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Governmental Unit and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Governmental Unit of the suspected violation, subject to any restrictions in applicable law. When Governmental Unit becomes aware that a violation has occurred, Governmental Unit will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Governmental Unit internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Governmental Unit must determine if and when an involved Individual User’s access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Governmental Unit must report the status of the Individual User’s access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User’s access to systems or tools than that made by Governmental Unit and BCA’s determination controls. 9.2.2 If BCA determines that Governmental Unit has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA’s satisfaction. If Governmental Unit’s failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 5 DPS/BCA CJDN JPA_March 2021 SWIFT Contract # 202571 MN002139A 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Governmental Unit. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Governmental Unit. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Governmental Unit understands that if it has signed the Court Data Services Subscriber Amendment and if Governmental Unit’s Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Governmental Unit also understands that reinstatement is only at the direction of the Court. 9.3.2 Governmental Unit further agrees that if Governmental Unit believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Governmental Unit may terminate this Agreement at any time, with or without cause, upon 30 days’ written notice to the other party’s Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party’s authorized representative. The Governmental Unit is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: Liability; Audits; Government Data Practices; 9. Investigation of Alleged Violations; Sanctions; and Venue. THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK 6 DPS/BCA CJDN JPA_March 2021 SWIFT Contract # 202571 MN002139A The Parties indicate their agreement and authority to execute this Agreement by signing below. 1. GOVERNMENTAL UNIT 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: MARK STATZ Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Signed: ____________________________________________ Title: CITY ADMINISTRATOR (with delegated authority) Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ Date: ______________________________________________ 3. COMMISSIONER OF ADMINISTRATION Name: TERESA BENDER As delegated to the Office of State Procurement By: ______________________________________________ Signed: ____________________________________________ Date: _____________________________________________ Title: CITY CLERK (with delegated authority) Date: ______________________________________________ 7 DPS/BCA CJDN JPA_March 2021 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: January 12, 2022 City Attorney VII.7 TITLE OF ISSUE: City Administrator - Successful Performance Evaluation and Contract Revision BACKGROUND AND SUPPLEMENTAL INFORMATION: On December 13, 2021, during a Special Council meeting, the Council gave the City Administrator a successful job performance. At that time the Council approved a salary increase to $125,000 for 2022. No other changes were made to his conditions of employer or benefits. The attached employment contract revises his previous contract to reflect the approved salary increase to $125,000. Since he is a 'at will' employee without a written salary or step structure, the City uses a written employment contract to set forth the terms and conditions of him employment. COST AND SOURCE(S) OF FUNDING: General fund REQUESTED COUNCIL ACTION: Motion to approve the attached contract revision. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Other (specify) ____________ _____ _____ Love _____ _____ Employment contract _______________________________________________________________ _____ _____ Koski _____ _____ Montain _______________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ City of Centerville, Minnesota Employment Agreement Amendment st EMPLOYMENT AGREEMENT AMENDMENT effective this 1 day of January 2022, by and between the CITY OF CENTERVILLE, a Minnesota municipal corporation ("Employer"), and Mark R. Statz ("City Administrator"). The parties, based on mutual consideration, in real agree as follows: 1. AMENDMENT. This document amends the Employment Agreement between the parties, effective November 27, 2017, and supersedes all other amendments to that original Agreement. That Employment Agreement remains in full effect except as modified by this Amendment. 2. TERMS AND CONDITIONS. The City Administrator will serve at the will of the Council and may be terminated with or without cause at any time (an Ðat willÑ employee). Any of the following will constitute termination with cause and would result in no severance: a. Willful neglect of duty; b. Inefficiency or incompetence in office that is not corrected after a reasonable identification of deficiency during annual performance evaluation and after being given appropriate opportunity to correct to the satisfaction of the majority of the City Council; or c. Malfeasance or nonfeasance in office. Should the City terminate the employment of the City Administrator without cause, he will receive six (6) monthsÓ severance pay and benefits. Additionally, he will have the option to resign and receive six (6) monthsÓ severance pay and benefits (1) if salary or benefits are cut (other than as part of an across-the-board reduction for all supervisory employees), (2) if the City refuses, following written notice, to comply with the terms of this Agreement, or (3) if the Council requests his resignation without cause. If the City Administrator decides to terminate employment, he will provide the City a minimum of 60 days' notice of his intent to terminate. 3. SALARY. Employer shall pay City Administrator an annual salary of $125,000.00. 4. BENEFITS. The City Administrator shall receive benefits (medical, dental, disability insurance, etc.) equal to the CityÓs non-union employees. 5. OPPORTUNITY TO REVIEW WITH LEGAL COUNSEL. By executing this Amendment to his Employment Agreement, City Administrator acknowledges that he has had an adequate opportunity to read and understand this contract, and to seek legal assistance, if he desires, to gain an understanding of the meaning thereof. Version 12-30-2021 Page 1 IN WITNESS WHEREOF, Employer has caused this Amendment to the Employment Agreement to be signed and executed on its behalf by its Mayor and Clerk, and City Administrator has signed this Agreement, in duplicate, the day and year first written above. EMPLOYER: CITY OF CENTERVILLE BY: _____________________________ Dated: ______________________________ D. Love, Mayor AND BY: _____________________________ Dated: ______________________________ Teresa Bender, City Clerk CITY ADMINISTRATOR: BY: _____________________________ Dated: ______________________________ Mark R. Statz Version 12-30-2021 Page 2 CITY OF CENTERVILLE RES. #22-00_ A RESOLUTION AUTHORIZING APPOINTMENTS FOR 2022 THE CITY OF CENTERVILLE RESOLVES: WHEREAS, the City Council of the City of Centerville met January 8, 2022 at City Hall and Mayor Love and Council Members King, Koski, Lao & Mosher were present; and WHEREAS, the City Council of the City of Centerville discussed appointments for the 2022 year, and THE CITY OF CENTERVILLE HEREBY RESOLVES, the following person(s) are hereby appointed to the named positions: Acting Mayor Appointee: Council Member Love Alternate: Council Member Lakso Check Signing Authority (2 of 3 must sign) Appointee: Mayor Love Appointee: Council Member Koski Appointee: City Administrator Statz Anoka County Fire Protection Council st (Qtrly., Last Thurs. 1 Month of Qtr., 7 p.m. Various Locations) Appointee: Council Member Lakso Alternate: Council Member King Centennial Fire District Steering Committee rd (Qtrly., 3 Thurs., 6:30 p.m. Circle Pines City Hall, 200 Civic Heights, Circle Pines) Appointee: Council Member Koski Appointee: Mayor Love Alternate: Council Member Lakso Centennial Lakes Police Department Governing Board (Qtrly., 7 p.m. Centennial Lake Police Department, 54 North Road, Circle Pines) Appointee: Mayor Love (required appointee) Appointee: Council Member Mosher Alternate: Council Member Lakso North Metro Telecommunications Commission rdst (Qtrly., 3 Wed., 6 p.m., Spring Lake Park City Hall, 1301 Î 81 Avenue N.E., Spring Lake Park) Appointee: Mayor Love Alternate: Council Member Koski Weed Inspector Mayor Love COMMITTEES/COMMISSION Economic Development Authority (2 of 5 must be City Council Members) rd (3 Wednesday, 6:30 p.m., Council Chambers) 1. Steve King, Council Member 2. Darrin Mosher, Council Member Alternate: Michelle Lakso 3. Jim Weatherhead, Vice President 4. Jeff Hanzal, President 5. Mark Remillard, Resident/Business Owner The three at-large seats on the EDA have terms that do not require reappointment at this time. Parks & Recreation Committee st (1 Wednesday of Month, 6:30 p.m. Council Chambers) 1. Chairperson Heidi Errickson-Grahek 2. Vice Chairperson Suzanne Seeley 3. Committee Member Chris Bettinger 4. Committee Member Jessica Kubat 5. Committee Member Brian Peterson 6. Committee Member Suzanne Seeley 7. Committee Member Kathy Freiermuth Council Member Liaison: Council Member Lakso Alternate: Council Member King Planning & Zoning Commission st (1 Tuesday of Month, 6:30 p.m. Council Chambers) 1. Chairperson Linda Broussard Vickers 2. Vice Chairperson Jon Krueger 3. Vice Chairperson Nick Twohy 4. Commission Member Darrell Olson Jr. 5. Commission Member David Kubat 6. Commission Member Richard Nelson 7. Commission Member Les Kuiper Council Member Liaison: Council Member Koski Alternate: Mayor Love Personnel Committee (Meets When Needed) 1. City Attorney Glaser (required appointee) 2. Mayor Love (required appointee) 3. Council Member Koski Alternate: Council Member Lakso STAFF/CONTRACTED SERVICES Animal Control Otter Lake Animal Care Center/CLPD Escort (Dog(s) Only) Attorney Berglund, Baumgartner, Kimball & Glaser, LLC, Kurt Glaser Assessor Mary Wells, Erik Skogquist & Chris Larson Auditor Abdo, Eick & Meyers, Inc. Bond Counsel Eckberg Lammers Building Official Paul Palzer CERT Michelle Lakso City Engineer Mark Statz, PE Drug Testing Total Compliance Solutions, Inc. Employment Medical Examinations North Memorial Clinics/Multi-Care Assoc. Emergency Services Organization Anoka County Emergency Services Director Terry Stoltzman Financial Advisor Northland Securities Fire Marshal Jacob Pfeffer Fire Protection Centennial Fire District Housing and Redevelopment Authority (HRA) Anoka County HRA Insurance Agent of Record Mark Remillard, Remillard Insurance Agency Investments & Official Depository MidwestOne Bank & RBC Dain, Morgan Stanley Official Paper The Quad Community Press w/Thursday Deadline Police Protection Centennial Lakes Police Department Recycling Coordinator/Solid Waste Representative Staff Solid Waste Advisory Committee Alternative Staff Deputy Weed Inspector Paul Palzer Passed by the City Council of the City of Centerville this 12th day of January, 2022. Mayor, D. Love Attest: City Clerk, Teresa Bender CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: January 12, 2022 Administration TITLE OF ISSUE: Ord. #122, Second Series - 2022 Fee Schedule BACKGROUND AND SUPPLEMENTAL INFORMATION: A public hearing was held at Council's December 8, 2021 meeting (1st Reading) of this Ordinance. Council desired to increase the Storm Water Management Fee to $10.26 from $9.77. The modification ha been made. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to Adopt Ord. #122, Second Series - 2022 Fee Schedule For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE ORDINANCE #122, Second Series An ordinance adopting a fee schedule for 2022 THE CITY OF CENTERVILLE ORDAINS: Section 1. The following rates for, permits, licenses and other charges are approved: Reference Chapter FEE Chapter 51 Î Municipal & Public Utilities Utility fees, Charges, Storm Water Area See Exhibit ÐAÑ Charge and Other Costs Chapter 73 Î Regulating Special Vehicles on Roadways Special Vehicle License (3 Years) $50.00 Chapter 90 Î Animals Animal License (§90.02) Kennel License $30.00 Dangerous/Potentially Dangerous Dog Registration $35.00/Year Animal At-Large Release Fee (§90.06) Violation $50.00 Wild or Dangerous Animals (§90.02) Honey Bees $75.00 No More Than (2) Honey Bee Colonies Farm Animals (§90.03) Backyard Chickens (Up to 6 Hens) $75.00 Initial Permits Expire the Following Year, December 31 after Issuance Unless Revoked, Renewal Permits Shall Expire on December 31 of Second Year Following Issuance Unless Revoked Chapter 91 Î Health & Safety; Nuisances Special Event Noise Permit (§91.09) $50.00 Burning Permit (§91.25) $50.00 Administration Fees Associated with Meth. Lab Clean-up (§91.45) $5,000.00 Plus Costs Incurred for Clean-up (§91.53) Page 1 of 21 Reference Chapter FEE Chapter 92 Î Parks & Recreation Park Use Permit $25.00 + Deposit Park Use Deposit $100.00 Min. Field Prep., Trash pickup, lighting, concession facility, police and fire service, will be determined by P.W. Dir. Chapter 93 Î Streets & Sidewalks Right-of-Way Usage Fees: (§93.20) Right-of-Way Excavating Permit or Street Breaking Permit $75.00 (Includes New Driveway(s)) Right-of-Way Excavating Permit/Existing Driveway (Replacement) $25.00 Obstruction Fee $150.00 Penalty/Fine work in ROW without securing permit $300.00 Restoration Cost Equal to City Cost Deposit for restoration collected with permit per estimate of P.W. Director Building Move $500.00 Building Move Deposit (for street repairs and site restoration) $5,000.00 (Also see Chapter 156.004) Chapter 94 Î Sporting, Athletic & Music Events Special Event Permit (§94.01) $50.00 Police and fire service, will be determined by P.W. Dir. Note Regarding Chapters 110, 112-119 Initial license for Chapters 110, 112-119 shall be pro-rated per quarter (not less than 1 quarter) and no refunds will be made if the business should cease the licensed activity. Chapter 110 Î Adult Businesses Adult Establishment License (§110.08) $4,000.00 Application/Background Check $500.00 Page 2 of 21 Reference Chapter FEE Chapter 111 Î Liquor Regulations Liquor Licenses: 3.2 Beer Permit Î Special Events (£111.08) $35.00 + $5.00 for each addÓl day Application/Background Check (New Licensee) $500.00 Off-Sale Liquor $100.00 Off-Sale Non-Intoxication Liquor $20.00 On-Sale Liquor Based on square footage (interior square footage) $.60/sq. ft. (exterior square footage) $.30/sq. ft. Minimum $2,500.00 Maximum $4,000.00 Brew Pub $500.00 On-Sale 3.2 Liquor $250.00 Sunday Liquor License $200.00 Wine License $300.00 Chapter 112 Î Pawnbrokers Pawn Broker License (§112.03) $2,000.00 Application/Background Check $500.00 Chapter 113 Î Peddlers, Solicitors & Transient Merchants Transient Sales: (§113.03) Application/Background Check $80.00 + $10.00/day $60.00/month Page 3 of 21 Reference Chapter FEE Chapter 114 Î Body Piercing & Painting Establishments Tattoo, Body Piercing, Permanent Cosmetic Make-Up, Body Branding and Body Painting Establishment License (§114.07) $270.00 + Application/Background Check $80.00 Chapter 115 Î Commercial Sauna & Massage Services Sauna(s), Dayspa or Massage Business License (Initial) (§115.17) $270.00 (Subsequent renewal) $150.00 (Includes Therapist Certificate Fee for Owner(s)) Massage Therapist Certification (§115.32) $85.00 + Application/Background Check $80.00 Massage Therapist Renewal/Annual Certificate (§115.32) $55.00 Chapter 116 Î Tobacco Regulations; Sales Cigarette License-Sale of Tobacco Products (§116.04) $85.00 + Application/Background Check $80.00 Tobacco Violation: (§116.99) st (1 Violation) $250.00 nd (2 Violation) $500.00 rd (3 Violation) $750.00 Chapter 117 Î Fireworks Sale of Fireworks License (§117.06) $100.00 Chapter 118 Î Rental Housing Code st Rental License-2 Year Period (§118.03) $110.00 for 1 unit + $25.00/addÓl per unit within same structure rd Visit) $40.00/unit Rental Re-inspection Fee (3 Chapter 119 Î Licensing Refuse Haulers Commercial Rubbish Collection License Fee (§119.01, A 5) $300.00 Page 4 of 21 Reference Chapter FEE Chapter 120 Î Licenses; Water and/or Sewer Service Line Installer License for water and/or sewer service line installer $100.00/yr. Chapter 121 Î Dances Dance: (§121.02) Single Event $20.00 + Police Fees Yearly-Continuous $200.00 + Police Fees Chapter 130 - General Offenses (Gambling Regulations) Bingo Permit (§130.19) $20.00 Chapter 150 Î Building Regulations Building Permits See Exhibit ÐBÑ Plumbing Permits See Exhibit ÐCÑ Electrical Permit Fees See Exhibit ÐDÑ Demolition Permit & Escrow: (§150.01) Residential (not required for accessory bldgs. <120 sq. ft.) $200.00 + Escrow $2,000.00 or LOC Commercial/Industrial Valuation Based w/Minimum of $300.00 + Escrow 20% of Demo. Cost Permit Surcharge Per State of MN Chapter 152 Sign Permit Fee: Wall-mounted sign $75.00 Free-standing sign (In addition to building permit) $75.00 Page 5 of 21 Reference Chapter FEE Chapter 153 Park Dedication Fees: Land Dedication (§153.15) At option of City-10% of Fair market Value of all property located in the proposed development or $3,000/unit (whichever is greater) Commercial/Industrial $2,175.00/acre Lot Split/Lot Combination $200.00 + Legal Fees & Park Fees Î Park Fees Only If Lot is Split Preliminary Plat Fee ÎApplication $500.00 + Deposit $5,000 (0-5 Lots), $10,000, (6-10 Lots), $20,000 (11+ Lots) (City Review will cease if costs exceed deposit and deposit is not replenished) (Larger deposits may be required as determined by the Administrator) Final Plat Review (§153.59) $100.00 Chapter 155-same as Chapter 156 procedure fees Chapter 156 Bridges/Structures in easement Encroachment Agreement (§154.132) $100.00 Annual Insurance Monitoring & Inspection $25.00 Fence Permit $60.00 In Easement Î Requires Council Approval & Encroach. Agr. $100.00 + Recording Fees PUD Application (§156.251) $500.00 (Review costs will be covered by plat deposit) Variance Application (§156.310) $250.00 + $500 Deposit (City Review will cease if costs exceed deposit and deposit is not replenished) Page 6 of 21 Reference Chapter FEE Chapter 156 (ContÓd) Conditional or Interim Use Permit Application (§156.320) $250.00 + $1,000 Deposit (City Review will cease if costs exceed deposit and deposit is not replenished) Rezoning Requests (§156.410) $250.00 + $1,000 Deposit (City Review will cease if costs exceed deposit and deposit is not replenished) Site Plan Review (§156.108) $250.00 + $5,000 Deposit (City Review will cease if costs exceed deposit and deposit is not replenished) Comprehensive Plan Amendment-Applicant will pay all costs associated with amendment - $250.00 + $1,000 Deposit (City Review will cease if costs exceed deposit and deposit is not replenished) Chapter 157 Fill Permit & Grading Permits See Exhibit ÐEÑ Site Maintenance Deposit/Erosion Control/Landscape/Sod/Driveway Escrow (§157.15, B)(150.045 & (154.410) $5,000 or LOC Land Development Minimum $5,000.00 (Addressed in DeveloperÓs Agreement) Page 7 of 21 Reference Chapter FEE OTHER FEES: Assessment Certificate $45.00 Council Chamber Rental Î Non-profit organization Î No Charge Private Business $30/Hour + 2 Hour Min. Security Deposit (City Policy-08/05) $150.00 Filing Fees $2.00 Maps and Charts (24Ñ x 36Ñ) $15.00 Non-Sufficient Funds/Returned Check $30.00 Notary Fees $1.00/item Photo Copies (MN Statute13.03 §3(c)) $.25 per page (one sided) Pool Filling $75/hr. (2 hr. min. + Equip. Cost) + $4/1,000 gallons Public Works Labor & Equipment $75/hr. (2 hr. min + Equip. Cost) Research Charge Minimum $40.00 half hour thereafter $60.00 for each hour Street Vacation Request $500.00 (review and hearing costs) Section 2. The attached summary ordinance: Exhibit ÐFÑ ÐSummary of Ordinance for PublicationÑ is hereby adopted. Section 3. These fees shall become effective on publication of the attached summary of ordinance. Adopted by the City Council this 12th day of January, 2022. D. Love, Mayor ATTEST: Teresa Bender, City Clerk Page 8 of 21 EXHIBIT A UTILITY FFES, CHARGES AND OTHER COSTS Reference Chapter FEE Sewer Availability Charge (SAC) (City) $2,300.00 Sewer Availability Charge (SAC) (MCES) $2,485.00 Water Availability Charge (WAC) $1,850.00 The above three (3) are per Residential Equivalent Unit (§51.07) Water Lateral Benefit Fee (Unassessed properties) $8,000.00 Sanitary Sewer Lateral Benefit Fee (Unassessed properties) $8,100.00 Storm Water Area Charge Residential Î (Due w/DeveloperÓs Agreement) (£51.11) .05739 per square foot of platted area Commercial/Industrial/Multi-Family (Due w/Bldg. Permit) $.07 per square foot of building, parking and other impervious surfaces Water/Sewer Permit Fees (§51.07) Service/Connection (Includes 2 inspection trips to site $75.00 Tapping Main $50.00 Curb Stop Activation $75.00 Inspections (All)/each $40.00 Service Charges - Meters Testing Cost Water Meter Charge (§51.05, H) đÑ & 1Ñ Meters Cost + Sales Tax Minor Repairs Cost + 20% Special and other sizes Cost plus Handling (These Rates are Subject to Tax) Page 9 of 21 Reference Chapter FEE Private Fire Hose Connection Rates (§51.09, G) Water Test Fee $9.72 Water Usage Rates (§51.02) Private Fire Hose Connection Rates (§51.09 (G)) Private Fire Hose Connection Access Charge $1,850.00/REU* Private Fire Hose Connection Water System Management Fee $14.85/REU* *Where sanitary sewer service is not provided, and therefore no MCES SAC Unit determination has been made, the City shall make a determination of the number of REUs based on same or similar building usage based on the MCES SAC Procedure Manual for usages which do not rely on a fixture count as a basis for calculation. These fees are waived for fire connections made in conjunction with a building which is fully served by domestic sewer and water, and therefore, pays standard SAC/WAC charges. Water Charges will include two components. The first is a flat fee, generally covering the CityÓs fixed costs for operation and maintenance of the supply, treatment, storage and distribution system (Water System Management Fee). The second fee is a variable rate to generally cover the cost of producing water (Variable Rate). For residential properties, the Water System Management Fee shall be charged to each home at the rates and intervals shown below, whether the home is connected to city water or not. For Commercial properties, a fee shall be charged at the rates and intervals shown below, multiplied by the number of Residential Equivalency Units (REUs) assigned to that property as determined through a SAC Unit evaluation from the Met Council. If the property does not have municipal sewer service or has not had a SAC Unit determination completed, the REUs shall be determined by the Public Works Director using the same methodology outlined in the Met CouncilÓs SAC Manual. The total Water System Management Fee for Commercial Properties shall be capped at a maximum of 5x the Water System Management Fee, regardless of how many REUs are assigned to the property. Residential Water System Management Fee/Bi-Monthly Billing Period $13.38 Variable Î Rate Per Thousand Gallons/Qtr. (0 - 15,000) $2.08 Variable Î Rate Per Thousand Gallons/Qtr. (15,001- 30,000) $2.38 Variable Î Rate Per Thousand Gallons/Qtr. (30,001-XXX) $2.71 Commercial/* Water System Management Fee/Bi-Monthly Billing Period $13.38 (1 Unit) $26.76 (2 Units) $40.14 (3 Units) $53.53 (4 Units) $66.90 (5 Units) Page 10 of 21 Reference Chapter FEE Variable Î Rate Per Thousand Gallons/Qtr. (0-500,000) $2.08 Variable Î Rate Per Thousand Gallons/Qtr. (500,001-XXX) $2.71 *Multi Family buildings which do not have individual meters for each unit will be treated as commercial buildings (Capped at 5 REUs). Their tiered rate structure will be based on multiplying the residential tier thresholds by the number of units. Sewer/Wastewater fee (bi-monthly) Sewer Charges will include two components. The first is a flat fee covering the CityÓs fixed and variable costs for sewer collection (Collection Rate). The second fee is to cover the variable charge for wastewater treatment (Treatment Fee). The Treatment charge will be the Treatment Fee rate multiplied times the water meter use for the billing period. To account for summer irrigation water not being treated, the charge for the July and November billings shall not exceed the average use during the first billing period of that year and the final billing period of the prior year (winter average). If the home is unoccupied during a significant part of the winter period, the average shall be manually calculated using other reasonable means to determine the anticipated sewer treatment volume. Collection Rate Treatment Fee Residential charge $26.71/SAC Unit $ 2.26/1,000 gal. Commercial/Institutional $39.69/SAC Unit $ 2.26/1,000 gal Sewer-only customers shall be charged a flat rate per SAC unit or may purchase a city water meter and install it on their well in order to be billed at the lower fixed and variable rates above. Otherwise sewer-only customers shall be billed at the following rates: Collection Rate Treatment Fee Residential rate per SAC $26.71/SAC $26.71/SAC Commercial/Institutional $39.69/SAC Unit $39.69/SAC Storm Water Management Fee (bi-monthly): (§51.11) Residential (Fixed) $10.26 Comm./Industrial/Multi-Family $.0028/sq. ft. impervious with minimum $10.26 Utilities/(Water/Sewer/Garbage Billing) Penalties & Late Fees Residential/Commercial Penalty/Late Payment 3% Bi-Monthly On Delinquent Balance Page 11 of 21 Reference Chapter FEE Utilities/(Water/Sewer/Garbage Certification) 5% of Outstanding Balance or $50.00 whichever is greater (§50.03) Utility billing is billed on a bi-monthly basis for the previous two months Use of Meter & Hydrant (§51.09, J) Meter Rental $50.00/day $1,000.00 Deposit $25.00 Conn. Fee $4.00/1,000 Gallons Page 12 of 21 EXHIBIT B BUILDING PERMIT FEES FEE Driveway $25.00 Accessory Structures Under 200 sq ft. (Zoning Use Permit) $65.00 Easement Encroachment Agreement $100.00 + Recording Fees (Requires Council Action Î Not Allowed if exceeds 120 sq. ft.) Basement (Finishing) (Plumb. & Mech. Included if Rough-In Complete) $171.00 Door/Window Replacement $51.00 (Min.) $110.00 (Max.) Permanent Pools Inground $351.00 Above Ground $151.00 (Both plumbing and mechanical included) Roof/Re-Roof Î 1 or 2 family only $151.00 Siding (Lap, Wood, Metal, Vinyl & Composite) 1 or 2 family only $151.00 (Excludes Stucco, Brick & Other Masonry Products) TOTAL VALUATION $1.00 TO $1,000.00 $55.00 $1,100.00 TO $2,000.00 $55.06 For the first $1,100.00 plus $4.01 for each additional $100.00 or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $91.00 For the first $2,000.00 plus 18.38 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 25,001.00 to $50,000.00 $513.75 For the first $25,000.00 plus $13.26 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $845.20 For the first $50,000.00 plus $9.19 Page 13 of 21 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $1,304.57 For the first $100,000.00 plus $7.35 for each additional $1,000.00, or fraction thereof, and including $500,000.00 $500,001.00 to $1,000,000.00 $4,244.57 For the first $500,000.00 plus $6.24 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $7,361.49 For the first $1,000,000.00 plus $4.79 for each additional $1,000.00, or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours $90.00/hour (Min. Charge Î two (2) hours) $90.00/hour 2. Reinspection fees assessed under Provisions of §305.8 $70.00/hour 3. Inspections for which no fee is Specifically indicated $70.00/hour Plan Review = 65% of permit Commercial/Industrial $500.00 deposit required when plan submitted for review. *Work started without a permit Î double permit fee w/cap of $1,000.00 Page 14 of 21 EXHIBIT C PLUMBING AND HEATING PERMITS 1. Plumbing Permits A. The charge shall be five dollars ($5) for each plumbing fixture, device or connection to the sewer or plumbing system, with a minimum charge of forty dollars and zero cents ($40) B. For any alteration, repair or extension to an existing plumbing system, where the work is of such a nature that the permit fee charge cannot be determined from the above schedule, the permit fee shall be forty dollars ($40) first five-hundred dollars ($500) or fraction thereof, plus fifteen dollars ($15) for each additional five- hundred dollars ($500) or fraction thereof of the total market value of such alteration, repair or extension. The charge for commercial, industrial or institutional plumbing shall be: Two percent (2%) of the total cost of labor and materials or a minimum of $40 whichever is greater. Work commenced without first obtaining a permit shall be charged an investigative fee equal to permit fees. 2. Mechanical Permits The charge for a residential dwelling shall be twenty dollars and zero cents ($20) for each of the following units but not to exceed $140. A minimum charge of forty dollars and zero cents ($40): Main Gas Line Piping Gas Furnace Air conditioner Boiler Air Exchanger Gas Fireplace/Gas Log (Install in regular fireplace) Gas Boiler Gas Dryer Gas Stove/Range Wood Fireplace Duct Work Miscellaneous Mechanical Fixtures Gas Pool Heater Gas Wall Heater/Garage Heater The charge for commercial, industrial or institutional building shall be: Page 15 of 21 Two percent (2%) of the total cost of labor and materials of the heating, ventilation and air conditioning work to be completed or a minimum of $40 whichever is greater. Work commenced without first obtaining a permit shall be charged an investigative fee equal to permit fees, in addition to normal permit fees. Sprinkler/Fire Suppression system permits: Single Family, Flat fee $400 Fire Suppression Permit Minimum $75 Other sprinkler/fire suppression permits. All Fire Code related permits/inspections - contract cost of sprinkler/fire suppression system times 3.25% (Includes plan review by Building Official and Fire Department). All of the above stated fees are Subject to State of MN surcharge fees. Page 16 of 21 EXHIBIT D ELECTRICAL FEES HOMEOWNERS AND ELECTRICAL CONTRACTORS Î Complete an electrical permit form available from the City of CentervilleÓs web site or City Hall. Add $1 for State surcharge to total cost of each permit. The fee is the total of the listed fees or the total number of inspection trips x $45.00, whichever is greater. Residential panel replacement is $110.00 sub Panel $45.00. New service or power supply is: Circuits and Feeders 0 to 300 Amp $55.00 0 -100Amp. $9.00 400 Amp. $71.00 101-200 Amp. $15.00 500 Amp. $87.00 201-300 Amp. $21.00 600 Amp. $103.00 301-400 Amp. $27.00 800 Amp. $135.00 401-500 Amp. $33.00 1000 Amp. $167.00 501-600 Amp. $39.00 Add $16.00 for each additional 100 amps Add $6.00 for each additional 100 amps Minimum Fee Maximum Fee Minimum permit fee is $45.00 plus $1.00 Maximum fee for single family dwelling State surcharge. This is for one inspection or townhouse not over 200 amps is only. $190.00 plus Minimum fee for rough-in inspection and $1.00 State surcharge. Maximum of 2 Final is $90.00 plus $1.00 State inspections (Failed Inspections are an Surcharge. additional $45 each). Apartment Buildings Fee per unit of an apartment or condominium complex is $80. This does not cover service, unit feeders or house panels. Swimming Pool $90 plus circuits. This includes 2 inspections Additions, Remodels or $90 this includes up to 11 circuits and 2 inspections Basement Finishes Accessory Structures The Greater of $55 for panel plus $9 per circuit or $90 for two (2) inspections Traffic Signals $8 per each standard Street and Parking Lot Lights $5 per each standard Transformers and Generators $5 up to 10KVA, $45 to 74KVA, $60 75KVA to 299 KVA, over 299 KVA is $165 Retro Fit Lighting $.85 cents per fixture Sign Transformer $9 per transformer Page 17 of 21 Low voltage fire alarm, low voltage $.85 cents per device and air conditioning control wiring Re-Inspection Fee in addition to $45 All other fees Hourly rate for carnivals $90 Minnesota Solar PV System Electrical Inspection Fee Chart Solar PV System Rating* Inspection Fees 0kw to 5kw $90 5.1kw to 10kw $150 10.1kw to 20kw $225 20.1kw to 30kw $300 30.1kw to 40kw $375 40.1kw and larger $375 plus $25 for each Additional 10kw Electronic inspection fee for these items only; furnace, air conditioning, bath fan, fireplace or receptacle for water heater vent is $40. Refunds must be requested in writing. No refunds unless more than the minimum fee. Refunds are minus the cities 20% handling fee. THE PERMIT FEE IS DOUBLED IF THE WORK STARTS BEFORE THE PERMIT IS ISSUED. Page 18 of 21 EXHIBIT E LANDFILL, GRADING AND EXCAVATING PERMIT FEES GRADING FEES General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopted by the jurisdiction. Plan Review Fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be set forth in Table A33-A. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever is greater. Grading Permit Fees. A fee for each grading permit shall be paid to the City as set forth in Table A33-B. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facilities. TABLE A33-A GRADING PLAN REVIEW FEE 50 cubic yards (38.2 m3) or less No Fee 51 to 100 cubic yards (40 m3 to 76.5 m3) $37.01 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) $58.28 1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3) $77.57 10,001 to 100,000 cubic yards (7646.3 to 7645.5 m3) - $77.57 for the first 10,000 cubic yards (7645.5 m3), plus $38.59 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof. 100,001 to 200,000 cubic yards (7645.6 m3 to 15,291.1 m3) - $424.86 for the first 100,000 cubic yards (7645.5 m3), plus $20.87 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof. 200,001 cubic yards (15,291.2 m3) or more - $633.55 for the first 200,000 cubic yards (15,291.1 m3), plus $11.42 for each additional 10,000 cubic years (7645.5 m3) or fraction thereof. Other Fees: FEE Additional plan review required by changes, additions or revisions to approved plans (minimum charge Î one-half hour) $79.54/hour* *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. Page 19 of 21 TABLE A33B - GRADING PERMIT FEES* FEE 0 to 100 cubic yards (40 m3 to 76.5 m3) $60.00 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) - $60.00 for the first 100 cubic yards (76.5 m3), plus $27.56 for each additional 100 cubic yards (76.5 m3) or fraction thereof. 1,001 to 10,000 cubic yards (765.3 m3 to 7,645.5 m3) - $308.04 for the first 1,000 cubic yards (764.6 m3), plus $22.84 for each additional 1,000 cubic yards (764.6 m3) or fraction thereof. 10,001 to 100,000 cubic yards (7,646.3 m3 to 7,645.5 m3) - $513.60 for the first 10,000 cubic yards (7,645.5 m3), plus $103.95 for each additional 10,000 cubic yards (7,645.5 m3) or fraction thereof. 100,001 cubic yards (7,645.6 m3) or more - $1,449.15 for the first 100,000 cubic yards (7,645.5 m3), plus $57.49 for each additional 10,000 cubic yards (7,645.5 m3) or fraction thereof. Other Inspections and Fees: 1. Inspections outside of normal business hours $90.00/hour (Min. Charge Î two hours) 2. Reinspection fees assessed under provision of §108.8 $70.00/hour 3. Inspections for which no fee is specifically indicated $70.00/ hour (Min. Charge Î one-half hour) *The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. **Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. Page 20 of 21 CITY OF CENTERVILLE Anoka County, Minnesota SUMMARY OF ORDINANCE #122, SECOND SERIES NOTICE IS HEREBY GIVEN that, on January 12, 2022, Ordinance #122, Second Series, entitled Ð AN ORDINANCE ADOPTING A FEE SCHEDULE FOR 2022 Ñ was adopted by the City Council of the City of Centerville, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance #122, Second Series the City Council has directed that a title and summary be prepared for publication pursuant to Minn. Stat. 412.191, Subd 4. NOTICE IS FURTHER GIVEN that a complete, printed copy of Ordinance #122, Second Series is available for inspection by any person during regular office hours at the office of the City Clerk, 1880 Main Street, Centerville, MN, or will be mailed to anyone requesting it by telephone (651) 429-3232. NOTICE IS FURTHER GIVEN that the general purpose of the ordinance is to adopt fees and charges for various purposes. Section 1. This section adopts fees and charges including fees related to garbage/utility account certification, utility rates and charges, animal licensing, burning permits, fees for use of right-of-ways and excavations in streets, fees for business licensing, fees and deposits related building activities, fees for sign permits, development fees including fees in lieu of park dedications, planning and zoning fees, and fees for services including supplying copies and maps, and fees for vacation of streets and easements. Section 2. This section authorizes this summary of the ordinance be published in lieu of the entire text of the ordinance. Section 3. This section provides that the ordinance is effective on publication of this summary. NOTICE IS FURTHER GIVEN that the City Council has by at least a 4/5 vote, approved this Public Notice. APPROVED this 12th day of January, 2022. Published in the Quad Community Press on January 18, 2022. . Page 21 of 21 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: January 12, 2022 Administration/Engineeering VIII.3 TITLE OF ISSUE: Sorel Quarter - Preliminary Plat and CUP/PUD Approval BACKGROUND AND SUPPLEMENTAL INFORMATION: See attached planning memo, reviewing the pending applications from Centra Homes for the development of Block 7, in the city's downtown. COST AND SOURCE(S) OF FUNDING: Detailed in Purchase Agreement REQUESTED COUNCIL ACTION: Motion to approve the Preliminary Plat and associated Findings for Sorel Quarter Motion to approve a Preliminary Conditional Use Permit for a Planned Unit Development and associated findings for Sorel Quarter. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Prelim Plat, detailed engineering plans Other (specify) ____________ _____ _____ _____ _____ PUD narrative, renderings, Consultant planning memo _______________________________________________________________ _____ _____Ki memo from developer _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ 733 Marquette Avenue, Suite 1000, Minneapolis, MN 55402 Planning Report DATE: January 12, 2022 TO: Centerville City Council FROM: Phil Carlson, AICP, Stantec REQUEST: Centra North LLC - Planned Unit Development, Preliminary Plat Sorel Quarter Townhouse Project ADDRESS: Block 7 (7073 Centerville Road and other adjacent parcels) PIDS: Multiple Parcels (see legal description below) OWNER: City of Centerville INTRODUCTION Centra North LLC is applying for a Planned Unit Development (PUD, processed as a CUP) and preliminary plat for a 26-unit townhouse development on the eight city-owned lots known as Block 7 in ÑdowntownÒ Centerville. The project has been reviewed by the Planning & Zoning Commission and City Council. We are asking the City Council now to approve the Preliminary Plat and the Conditional Use Permit (CUP for the PUD, based on revised materials that Centra North has recently submitted. January 12, 2022 Centerville City Council Page 2 of 4 RE: Centra North LLC - Planned Unit Development, Preliminary Plat, Sorel Quarter Townhouse Project RECOMMENDATIONS Preliminary Plat We recommend approval of the preliminary plat for Sorel Quarter prepared by Carlson McCain dated 10-21-2021, as submitted with the following conditions: 1) Detailed Civil, Landscape, Lighting and other required plans be submitted, reviewed and approved by the City Engineer, City Planner, Public Works and Public Safety officials. 2) The applicant will receive approvals from other agencies with jurisdiction over elements of the plat, including the Rice Creek Watershed District, Anoka County and others. 3) The Planning and Zoning Commission will have Final Architectural Review authority. Findings of Fact Ï Preliminary Plat 1) The City has standards for the subdivision of land, dedication of right-of-way and easements, and provision of public streets and utilities to ensure orderly development. 2) The proposed plat for Sorel Quarter complies with City standards including the Downtown Master Plan and Development Guidelines and is acceptable. Planned Unit Development Ï Conditional Use Permit We recommend approval of the conditional use permit for the Planned Unit Development for Sorel Quarter as submitted on revised plans from Carlson McCain dated 12-21-2021, the City Council Update letter from Centra Homes dated 1-12-2022, and architectural plans from Godden Sudik Architects dated 1-3-2022, with the following conditions: 1) A lighting plan will be submitted showing all downcast cutoff type fixtures that allow no more than 0.5 footcandle onto neighboring properties or public right-of-way. 2) The landscape plan will be implemented as revised to include additional plants in the rock mulch between the buildings on the Centerville Road side of the project. 3) The regional trail will be aligned through the site as shown on the revised plans to provide safe crossings of Heritage Street and Sorel Street. 4) Decorative lighting will be added at the north and south entry points to the trail as shown on the revised plan, in the boulevards of Sorel Street and Heritage Street. January 12, 2022 Centerville City Council Page 3 of 4 RE: Centra North LLC - Planned Unit Development, Preliminary Plat, Sorel Quarter Townhouse Project 5) Exterior materials will be as shown on plans from Godden Sudik Architects and detailed in the City Council Update letter. 6) An entry monument will be provided at the corner of Centerville Road and Sorel Street to identify the area, as shown on the site plan and illustrated in concept in the City Council Update letter of 1-12-2022, to be reviewed and approved in detail at the building permit stage by the city engineer and city planner. 7) Homeowners association documents for the project will be reviewed and approved by the city administrator and city attorney. 8) All engineering requirements and conditions of the city engineer will be followed. 9) A development agreement will be prepared, reviewed, and approved by the city administrator and city attorney and recorded against all properties in the development. Findings of Fact Ï Approval of the PUD/CUP 1) The City of Centerville has an adopted downtown Master Plan that has policies and design guidelines for the subject property. 2) The CityÔs comprehensive plan guides the subject property Central Business District/Mixed Use and the property is zoned in the CityÔs zoning ordinance M-2 Mixed Use Neighborhood district. 3) The City through its plan and zoning wishes to establish a dense, mixed use neighborhood with an emphasis on pedestrian access, architectural character and access to open space and other destinations in the city. 4) The City has standards for landscaping, lighting, architectural design, and other issues which are reasonable and necessary to achieving the goals for development of the downtown area. 5) The proposed Sorel Quarter project meets the intent of the design guidelines and the CityÔs zoning ordinance for the M-2 district and for a planned unit development. DEADLINES FOR FINAL ACTION The preliminary plat application was received on October 7, 2021. There is a separate 120-day deadline for action on preliminary plats. Final deadline for action by the City Council is February 5, 2022. The conditional use permit application was received on October 7, 2021. The 60-day deadline for final action by the City Council was December 7, 2021, which was extended by the City an additional 60 days to February 5, 2022, as allowed per State statute 15.99. January 12, 2022 Centerville City Council Page 4 of 4 RE: Centra North LLC - Planned Unit Development, Preliminary Plat, Sorel Quarter Townhouse Project Legal Description The current legal description of the properties involved is included on the preliminary plat documents. The PIDs of the current parcels are: 23-31-22-23-0005 23-31-22-23-0006 23-31-22-23-0007 23-31-22-23-0008 23-31-22-23-0009 23-31-22-23-0010 23-31-22-23-0011 23-31-22-23-0014 733 Marquette Avenue, Suite 1000, Minneapolis, MN 55402 Planning Report DATE: November 2, 2021 TO: Centerville Planning & Zoning Commission FROM: Phil Carlson, AICP, Stantec REQUEST: Centra North LLC - Planned Unit Development, Preliminary Plat Sorel Quarter Townhouse Project ADDRESS: Block 7 (7073 Centerville Road and other adjacent parcels) PIDS: Multiple Parcels (see legal description below) OWNER: City of Centerville INTRODUCTION Centra North LLC is applying for a Planned Unit Development (PUD, processed as a CUP) and preliminary plat for a 26-unit townhouse development on the eight city-owned lots known as Block 7 in ÑdowntownÒ Centerville. The downtown is the subject of the 2006 Master Plan & Development Guidelines study prepared by Damon Farber Associates, which is the basis for the planning and zoning of the area. Block 7 and surrounding properties are designated Central Business District/Mixed Use in the CityÔs Land Use Plan and zoned M-1 and M-2. Block 7 is zoned M-2. There have been several development proposals for Block 7 in recent years and the City Council selected Centra after reviewing proposals earlier this year. The Block 7 properties have frontage on Centerville Road and two sides street Ï the property is really the east 2/3 of the block bounded by Centerville Road, Heritage Street, Sorel Street, and Goiffon Road. The site is currently vacant and is bounded on all sides by existing residential uses, but the surrounding area is guided for Mixed Use, like Block 7, in anticipation of redevelopment at some point in the future to more intense uses. November 2, 2021 Centerville Planning & Zoning Commission Page 2 of 8 RE: Centra North LLC - Planned Unit Development, Preliminary Plat, Sorel Quarter Townhouse Project PLANNING AND ZONING CONTEXT The Downtown Centerville Master Plan & Development Guidelines sets out goals, policies, and design guidelines for the downtown area, starting with this overall goal: The intent of the Downtown Master Plan is to provide a comfortable, safe, Mixed-Use community with emphasis on pedestrian oriented streetscapes, diverse housing options, adequate open space and quality architecture. Supporting this intent are basic goals articulated and detailed in the Master Plan, including: Provide links to rest of the city Connect to the open space framework Connect to the regional trail Provide private and semi-private green space Develop the character of streets Provide Centerville Road improvements Ï sidewalk, streetlights, street trees, parking, etc. November 2, 2021 Centerville Planning & Zoning Commission Page 3 of 8 RE: Centra North LLC - Planned Unit Development, Preliminary Plat, Sorel Quarter Townhouse Project The Master Plan divides the downtown into two districts Ï Mixed Use Corridors and Downtown Neighborhood, corresponding to the M-1 and M-2 districts, respectively. Block 7 is zoned M-2. Permitted uses are residential uses at 12-30 units per acre and ground level retail or office. There is no retail or office proposed in this project. All developments in the M-2 district are by PUD. In the CityÔs 2040 comprehensive plan, the downtown area is designated Central Business District/Mixed Use (CBD/MU). There are also a number of areas specifically identified for future residential development, of which Block 7 is one. The maps on the previous page show the 2040 Land Use Plan, the identified development areas, and the zoning map in the area around Block 7. The Sorel Quarter project Ï 26 units on 1.61 acres Ï comes in at about 16 units/acre, which is within the range anticipated in the comprehensive plan and zoning. PRELIMINARY PLAT The plat is straightforward Ï26 townhouse lots and two common area outlots, illustrated below. The townhouse units would each sit on their own lot, with the outlots providing common parking and driveway areas, as well as open space on the west edge of the site for the regional trail. Three buildings totaling 13 units will face Centerville Road and a similar 13 units in three buildings will be opposite them and parallel, facing the trail on the other side of the alley/driveway. The project consists of six two-story buildings of 4 and 5 units each. One unit in each building is 17 ft wide (for a more affordable unit); the rest are 20 ft wide. November 2, 2021 Centerville Planning & Zoning Commission Page 4 of 8 RE: Centra North LLC - Planned Unit Development, Preliminary Plat, Sorel Quarter Townhouse Project CONDITIONAL USE PERMIT & SITE PLAN REVIEW The PUD is processed as a CUP which will also address Site Plan review issues. Parking There are 2-car garages for all 20-ft-wide units and 1-car garages for the 17-ft-wide units, plus the same amount of parking space in each driveway, for a total of 92 parking spaces. There is also on- street parking on the adjacent streets. Parking should be adequate. Landscaping The landscape plan is done well overall, providing street trees according to the CityÔs plan on Centerville Road for the downtown area and a reasonable mix and number of trees and shrubs around the site and units. One suggested change is in the area between townhouse buildings where an 11-ft-wide swath of rock mulch is proposed. We understand that these areas will not get much sun, but a shade tolerant grass mix should do fine there and will be better than this large area of rock. We suggest it be revised as illustrated below for the areas between all buildings. November 2, 2021 Centerville Planning & Zoning Commission Page 5 of 8 RE: Centra North LLC - Planned Unit Development, Preliminary Plat, Sorel Quarter Townhouse Project Architecture and Building Materials The townhouse units are well designed with articulated facades, individual porch/entry features, pitched roofs, some with balconies, and other details intended to evoke the French heritage of the area, illustrated above. The overall design is very effective, for a reasonably affordable housing project. It is appropriate for downtown Centerville and in keeping with the spirit of the Master Plan. The units will be sided with Certainteed polymer siding (similar to viny) in a variety of molded patterns to mimic wooden clapboard, lap siding, and shakes, with brick veneer at the foundation. The townhouses are placed close to, but not right at, the sidewalk of Centerville Road. There is a small private yard in front of each unit Ï 5-10 feet deep Ï which provides a separation to the street but maintains an urban, pedestrian-friendly environment. Combined with the articulation of the facades and the varied porch and balcony details, the character of the units will be a positive addition to the downtown and a good start to establishing the pattern to follow with other developments. Trail and Open Space The regional trail crosses Heritage Street from the south and will be re-routed through the site behind the back units within a 48-ft-wide common open space corridor, as illustrated above. It will then connect onto Sorel Street and cross to the north. There will also be sidewalks on Centerville Road and Sorel Street but not on Heritage Street. November 2, 2021 Centerville Planning & Zoning Commission Page 6 of 8 RE: Centra North LLC - Planned Unit Development, Preliminary Plat, Sorel Quarter Townhouse Project We suggest discussing the alignment of the trail and the features along it. It is important to have clear, safe crossings of both Heritage Street and Sorel Street and also have lighting at both these entry points to the trail corridor, as illustrated above. Entry Monument Another detail to consider is an entry monument for Sorel Quarter, at the corner of Centerville Road and Sorel Street. As a signature project in downtown Centerville, this would be an enhancement to the character and identify of the area on the streetscape. The sketch to the right suggests a low wall at the corner to identify the area. Lighting Site lighting will be located on each unit except for the street lights in the boulevard on Centerville Road which will be designed and placed according to City policy. All lighting will be downcast cutoff type fixtures so as not to allow more than 0.5 footcandle onto adjacent properties. Streetscape There is enhanced streetscaping proposed along Centerville Road Ï sidewalk, street lighting, and trees which are covered by a cost sharing agreement in the purchase agreement between the City and the developer. November 2, 2021 Centerville Planning & Zoning Commission Page 7 of 8 RE: Centra North LLC - Planned Unit Development, Preliminary Plat, Sorel Quarter Townhouse Project RECOMMENDATIONS Preliminary Plat We recommend approval of the preliminary plat as submitted with the following conditions: Detailed Civil, Landscape, Lighting and other required plans be submitted, reviewed and approved by the City Engineer, City Planner, Public Works and Public Safety officials. The applicant receive approvals from other agencies with jurisdiction over elements of the plat, including the Rice Creek Watershed District, Anoka County and others. The Planning and Zoning Commission will have Final Architectural Review authority. Findings of Fact Ï Preliminary Plat The City has standards for the subdivision of land, dedication of right-of-way and easements, and provision of public streets and utilities to ensure orderly development. The proposed plat for Sorel Quarter complies with City standards including the Downtown Master Plan and Development Guidelines and is acceptable. Planned Unit Development Ï Conditional Use Permit We recommend approval of the conditional use permit for the Planned Unit Development for Sorel Quarter as submitted with the following conditions: A lighting plan will be submitted showing all downcast cutoff type fixtures that allow no more than 0.5 footcandle onto neighboring properties or public right-of-way. The landscape plan will be revised to replace rock mulch between the buildings with a shade tolerant grass mix to be approved by the city planner, with an 18-inch-wide swath of rock mulch next to the buildings lined with landscape edging. The regional trail will be aligned through thesiteas recommended bythe city engineer and public works department to provide safe crossings of Heritage Street and Sorel Street. Decorative lighting will be added at the north and south entry point to the that portion of the trail. An entry monument will be provided at the corner of Centerville Road and Sorel Street to identify the area, to be reviewed and approved by the city engineer and city planner. November 2, 2021 Centerville Planning & Zoning Commission Page 8 of 8 RE: Centra North LLC - Planned Unit Development, Preliminary Plat, Sorel Quarter Townhouse Project Homeowners association documents for the project will be reviewed and approved by the city administrator and city attorney. All engineering requirements and conditions of the city engineer will be followed. A development agreement will be prepared, reviewed, and approved by the city administrator and city attorney and recorded against all properties in the development. Findings of Fact Ï Approval of the PUD/CUP The City of Centerville has an adopted downtown Master Plan that has policies and design guidelines for the subject property. The CityÔs comprehensive plan guides the subject property Central Business District/Mixed Use and the property is zoned in the CityÔs zoning ordinance M-2 Mixed Use Neighborhood district. The City through its plan and zoning wishes to establish a dense, mixed use neighborhood with an emphasis on pedestrian access, architectural character and access to open space and other destinations in the city. The City has standards for landscaping, lighting, architectural design, and other issues which are reasonable and necessary to achieving the goals for development of the downtown area. The proposed Sorel Quarter project meets the intent of the design guidelines and the CityÔs zoning ordinance for the M-2 district and for a planned unit development. DEADLINES FOR FINAL ACTION The preliminary plat application was received on October 7, 2021. There is a separate 120-day deadline for action on preliminary plats. Final deadline for action by the City Council is February 5, 2021. The conditional use permit application was received on October 7, 2021. The 60-day deadline for final action by the City Council is December 7, 2021. Legal Description The current legal description of the properties involved is included on the preliminary plat documents. The PIDs of the current parcels are: 23-31-22-23-000523-31-22-23-000623-31-22-23-000723-31-22-23-0008 23-31-22-23-000923-31-22-23-001023-31-22-23-001123-31-22-23-0014 Justin, HerearethecommentsoftheCityEngineeronthepreliminaryplanssubmittedwiththePreliminary PlatandPUDapplications: Eliminatenorthsouthstormseweralongwestsideofblock2 StormSewerRemoved. IfƷŷĻƩĻƭnoregulatoryneedforthelowpoint/FESintheSWcornerofthesite,wearefinewith drainagegoingoverthecurb.Thiscouldeliminatethestormsewerinthenorthboulevardof HeritageSt.fromthealley,westtotheFES. Concernedaboutanincreaseinstormwaterrunofftotheexistinghome/propertytothewest. Also,maintainingsomesortofgrade/swaletopreventwetareasalongthewesternproperty line. Thecityhasaneedforadditionaldrainagetopassthroughthesitefromfutureredevelopment oftheblocktothenorthofthesite.Therefore,wewouldliketohavethestormsewerthatruns downthemiddleofthealley,upsizedandextendedtoaccommodatethisadditionalflow.The pipecanendatthenorthendofthealley.Itdoesnotneedtoextendtothewestatthis time.Thepipeshouldbelaidatminimumgradetomaximizecover.Thecitywillpayfor upsizingandextensioncosts. Noted.TrunkStormSewerroutedthroughthealleytoaccommodatefutureredevelopmentto thenorth. Gutterplacementanddischargeshouldbeexplored. Guttersarepossibleandcanbeconnectedtoundergrounddraintileortheplantingsystemfor thestreetscape.Tobediscussedfurtheronwhatwillberequired. Drainagebetweenthesidewalkalongthewestsideofblock2andtheregionaltrailshouldbe reviewed.Itmaybewisetoputsomedrainagestructuresintheseareastoavoidasignificant amountofdrainagecrossingtheregionaltrailfromeasttowest. Thereshouldbeminimaldrainageacrossthetrail.Thetrailwillsheetdraintothewest,no standingwaterĻƷĭͶRoofswilldrainacrossgrassedareaspriortodrainingacrossthewesttrail. Perabove,thedownspoutsalongCentervillerdcanbeconnectedtotheplantingsystem installedwiththestreetscape. Ifpossible,ǞĻķliketoseetheslopeonthetrailflattenedabitnearthesouthendofthesite. Trailflattenedto+/3%slope.Prefertokeeptrailatornearsameelevationasbuildingsfor easeofaccess.Unabletopushthetrailtothewestifcoveristobemaintainedonthestorm sewer. ThetrailcrossingatHeritageStreetshouldbemovedtothewestoftheCBonthesouthsideof HeritageSt.toensureacrossingwhichdoesnotͻĭǒƷĬğĭƉͼ͵ Revised. ThetrailcrossingatSorelStreetshouldbefurtherexamined.Havingtwosharpanglesinthe regionaltrailisnotideal.Ifpossible,weshouldfindawaytoeliminatethe90degreeturns. PermarkupsonthePDFsentover,thepedestrianrampandtrailwererevisedtobelesssharp, havinganangledcrosswalkclosertoa45degreeturn. AddressthecommentsfromtheP&ZCommission o Addtwostreetlights(sameastheonesbeingusedwiththestreetscaping)tothenorth andsouthendsofthetrail.ThelightsshouldbewithintherightofwayofHeritageSt andSorelSt,respectively. Streetlightsadded,seeupdatedLandscapePlans. o AddanentrancemonumentatthecornerofSorelandCentervilleRoad Entrancemonumentinprocess.Centraiscoordinatingmonumentstyleandlocation. o Addlandscapingtoscreenareabetweenbuildingsfrompublicview Additionalscreeningprovided,seeupdatedLandscapePlans. o Reviewplattoseeifitwouldbe appropriatetohavecommonareas(outlot)between buildings Outlotbetweenbuildingswillnotbeprovided.Spacebetweenbuildingswillbe+/ЊЊ widewitheaveoverhangs,areasbetweenbuildingstohaverockmulchandan underdrain. Forthestreetscaping,youmaywishtoexploreelectricalconnectiontoMain{ƷƩĻĻƷƭlighting systemtoavoidthecostofanadditionaldropandcontrolpanel.IbelievetheMainStreet systemhasadditionalcapacityfortheselights,butthatwillneedtobeverifiedwithour engineers.Ifitismorecosteffectivetohavetheextradropandpanel,wehaveno issuewith thatapproach. TobediscussedfurtherbetweenCentra,Xcel,andcity. TheĭźƷǤƭstandardstreetsectionincludesЌ͵Ўͼbituminous,БͼClass5andЋЉͼofselectgranular overfabric.TheproposedsectionmatchesthiswiththeexceptionofaproposedЊЋͼofselect granularinsteadofЋЉͼ͵Giventhehighgroundwateronthesiteandthepoorsoilsinthearea, wewouldencourageourmorerobustsection.TheĭźƷǤƭstandardstreetsectionalsocallsforЏͼ PPVCalongeitheredge(underthecurb).Youmaywishtohavedraintilealongeithersideofthe stormsewerifthetopofthestormpipeisinthesubgrade. Streetsectionrevisedtoincludedraintileincenterofstreetduetotheinvertedcrown.Detail added. OurĭźƷǤƭstandardstreetsectionrequiresacenterlinecrownandcurbandgutter.The proposedinvertedcrownandnocurbdesignarebeingallowedthroughaPUD. Noted. Wereservetherighttoadditionalcommentoncefullplanandprofileplansaresubmitted. Noted. WehavesharedyourplanswiththeĭźƷǤƭpublicworksandpublicsafetydepartments.Youmay receivecommentsfromthem. Noted. WehavesharedyourplanswithAnokaCounty.Youmayreceivecommentsfromthem. Noted. 01/05/22ΑCarlsonMcCainResponsesinRED Mark Statz, PE City Administrator/Engineer City of Centerville 1880 Main St. Centerville, MN 55038 O: 651-429-3232 D: 651-792-7931 C: 651-775-5126 mstatz@centervillemn.com www.centervillemn.com @centervillemn CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: January 12, 2022 City Attorney / CLPD IX.1 TITLE OF ISSUE: Opioid Litigation Settlement Proceeds BACKGROUND AND SUPPLEMENTAL INFORMATION: The State of Minnesota sued pharmaceutical industry related to opioids. The Attorney General has tentatively settled for $337 million. Those funds will be distributed to those entities who join in the settlement agreement. The proposed use of those funds will be to combat the ffects of drug abuse related to opioid use. Your police department and prosecutor are currently engaged in these efforts. The City could defray some of its costs by using these settlement proceeds. The City must pass the attached Resolution and have staff execute the settlement agreements to qualify for these funds when they become available during the next year. The City must approve a settlement before 1/26/2022 in order to qualify for these funds. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to the attached Resolution For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTIONAPPROVING PARTICIPATION IN OPIOID LITIGATION SETTLEMENTS WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people, have been harmed by misconduct committed by certain entities that engage in the manufacture, marketing, promotion, distribution, or dispensing of opioids; and WHEREAS, the State of Minnesota and numerous Minnesota cities and counties joined with thousands of local governments across the country to file lawsuits against opioid manufacturer and pharmaceutical distribution companies and hold those companies accountable for their misconduct; and WHEREAS, representatives of local Minnesota governments, the League of Minnesota Cities, the Association of Minnesota Counties, the Coalition of Greater Minnesota Cities, the State of Minnesota, and the Minnesota Attorney General’s Office have negotiated and prepared a Memorandum of Agreement (MOA) to provide for the equitable distribution of proceeds to the State of Minnesota and to individual local governments from recent settlements in the national opioid litigation; and WHEREAS, by signing onto the MOA, the state and local governments maximize Minnesota’s share of opioid settlement funds, demonstrate solidarity in response to the opioid epidemic, and ensure needed resources reach the most impacted communities; and HEREAS, it is in the best interests of the State of Minnesota and the residents of the W City of Centerville, and the County of Anoka, that the City participate in the national opioid litigation settlements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OFTHE CITY OF CENTERVILLE, MINNESOTA AS FOLLOWS: 1.Participation in the opioid litigation settlements promotes the public health, safety, and welfare of the residents of the City of Centerville. 2.The City of Centerville supports and opts-in to the national opioid litigation settlements with the Distributors McKesson, Cardinal Health, and Amerisource Bergen, and with the Manufacturer Johnson & Johnson. 3.The Memorandum of Agreement (MOA) between the State of Minnesota and Local Governments relating to the distribution of settlement funds is hereby approved by the City ofCenterville. V12272021 Page 1 4.City Staff is hereby authorized to take such measures as necessary to sign the MOA and otherwise participate in the national opioid settlements, including executing the Participation Agreement and accompanying Release. Passed by the City Council of Centerville, Minnesota this day of January 2022. ___________________ D. Love, Mayor _______________________ Mark Statz, City Administrator Attested: ____________________ Teresa Bender, City Clerk V12272021 Page 2 DISTRIBUTORSÓ 9.3.21 EXHIBIT UPDATES EXHIBIT K Subdivision Settlement Participation Form Governmental Entity: State: Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above (Ð Governmental Entity Ñ), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated July 21, 2021 (Ð Distributor Settlement Ñ), and acting through the undersigned authorized official, hereby elects to participate in the Distributor Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Distributor Settlement, understands that all terms in this Participation Form have the meanings defined therein, and agrees that by signing this Participation Form, the Governmental Entity elects to participate in the Distributor Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that it has filed. 3. The Governmental Entity agrees to the terms of the Distributor Settlement pertaining to Subdivisions as defined therein. 4. By agreeing to the terms of the Distributor Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the Distributor Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the court in the Governmental EntityÓs state where the Consent Judgment is filed for purposes limited to that courtÓs role as provided in, and for resolving disputes to the extent provided in, the Distributor Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Distributor Settlement. K-1 DISTRIBUTORSÓ 9.3.21 EXHIBIT UPDATES 7. The Governmental Entity has the right to enforce the Distributor Settlement as provided therein. 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Distributor Settlement, including, but not limited to, all provisions of Part XI, and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Distributor Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Distributor Settlement shall be a complete bar to any Released Claim. 9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Distributor Settlement. 10. In connection with the releases provided for in the Distributor Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental EntitiesÓ decision to participate in the Distributor Settlement. K-2 DISTRIBUTORSÓ 9.3.21 EXHIBIT UPDATES 11. Nothing herein is intended to modify in any way the terms of the Distributor Settlement, to which Governmental Entity hereby agrees. To the extent this Participation Form is interpreted differently from the Distributor Settlement in any respect, the Distributor Settlement controls. I have all necessary power and authorization to execute this Participation Form on behalf of the Governmental Entity. Signature: _____________________________ Name: _____________________________ Title: _____________________________ Date: _____________________________ K-3 DISTRIBUTORSÓ 9.3.21 EXHIBIT UPDATES EXHIBIT K Subdivision Settlement Participation Form Governmental Entity: State: Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above (Ð Governmental Entity Ñ), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated July 21, 2021 (Ð Distributor Settlement Ñ), and acting through the undersigned authorized official, hereby elects to participate in the Distributor Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Distributor Settlement, understands that all terms in this Participation Form have the meanings defined therein, and agrees that by signing this Participation Form, the Governmental Entity elects to participate in the Distributor Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that it has filed. 3. The Governmental Entity agrees to the terms of the Distributor Settlement pertaining to Subdivisions as defined therein. 4. By agreeing to the terms of the Distributor Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the Distributor Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the court in the Governmental EntityÓs state where the Consent Judgment is filed for purposes limited to that courtÓs role as provided in, and for resolving disputes to the extent provided in, the Distributor Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Distributor Settlement. K-1 DISTRIBUTORSÓ 9.3.21 EXHIBIT UPDATES 7. The Governmental Entity has the right to enforce the Distributor Settlement as provided therein. 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Distributor Settlement, including, but not limited to, all provisions of Part XI, and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Distributor Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Distributor Settlement shall be a complete bar to any Released Claim. 9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Distributor Settlement. 10. In connection with the releases provided for in the Distributor Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental EntitiesÓ decision to participate in the Distributor Settlement. K-2 DISTRIBUTORSÓ 9.3.21 EXHIBIT UPDATES 11. Nothing herein is intended to modify in any way the terms of the Distributor Settlement, to which Governmental Entity hereby agrees. To the extent this Participation Form is interpreted differently from the Distributor Settlement in any respect, the Distributor Settlement controls. I have all necessary power and authorization to execute this Participation Form on behalf of the Governmental Entity. Signature: _____________________________ Name: _____________________________ Title: _____________________________ Date: _____________________________ K-3 EXHIBIT K Settlement Participation Form Governmental Entity: State: Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above (ÐGovernmental EntityÑ), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated July 21, 2021 (ÐJanssen SettlementÑ), and a cting through the undersigned authorized official, hereby elects to participate in the Janssen Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Janssen Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Janssen Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. 3. The Governmental Entity agrees to the terms of the Janssen Settlement pertaining to Subdivisions as defined therein. 4. By agreeing to the terms of the Janssen Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the Janssen Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the court in the Governmental EntityÓs state where the Consent Judgment is filed for purposes limited to that courtÓs role as provided in, and for resolving disputes to the extent provided in, the Janssen Settlement. 7. The Governmental Entity has the right to enforce the Janssen Settlement as provided therein. 86 revised July 30, 2021 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Janssen Settlement, including but not limited to all provisions of Section IV (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Janssen Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Janssen Settlement shall be a complete bar to any Released Claim. 9. In connection with the releases provided for in the Janssen Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and whic h, if known, would materially affect the Governmental EntitiesÓ decision to participate in the Janssen Settlement. 10. Nothing herein is intended to modify in any way the terms of the Janssen Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Janssen Settlement in any respect, the Janssen Settlement controls. 87 revised July 30, 2021 I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity. Signature: _____________________________ Name: _____________________________ Title: _____________________________ Date: _____________________________ 88 revised July 30, 2021 MINNESOTA OPIOIDS STATE-SUBDIVISION MEMORANDUM OF AGREEMENT WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people have been harmed by misconduct committed by certain entities that engage in or have engaged in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic; WHEREAS, certain Minnesota counties and cities, through their counsel, and the State, through its Attorney General, are separately engaged in ongoing investigations, litigation, and settlement discussions seeking to hold opioid manufacturers and distributors accountable for the damage caused by their misconduct; WHEREAS, the State and Local Governments share a common desire to abate and alleviate the impacts of the misconduct described above throughout Minnesota; WHEREAS, while the State and Local Governments recognize the sums which may beavailable from the aforementioned litigation will likely be insufficient to fully abate the public health crisis caused by the opioid epidemic, they share a common interest in dedicating the most resources possible to the abatement effort; WHEREAS, the investigations and litigation with Johnson & Johnson, AmerisourceBergen, Cardinal Health, and McKesson have resulted in National Settlement Agreements with those companies, which the State has already committed to join; WHEREAS, Minnesota’s share of settlement funds from the National Settlement Agreements will be maximized only if all Minnesota counties, and cities of a certain size, participate in the settlements; WHEREAS, the National Settlement Agreements will set a default allocation between each state and its political subdivisions unless they enter into a state-specific agreement regarding the distribution and use of settlement amounts; WHEREAS, this Memorandum of Agreement is intended to facilitate compliance by the State and by the Local Governments with the terms of the National Settlement Agreements and is intended to serve as a State-Subdivision Agreement under the National Settlement Agreements; WHEREAS, this Memorandum of Agreement is also intended to serve as a State-Subdivision Agreement under resolutions of claims concerning alleged misconduct in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic entered in bankruptcy court that provide for payments (including payments through a trust) to both the State and Minnesota counties and cities and allow for the allocation between a state and its political subdivisions to be set through a state-specific agreement; and WHEREAS, specifically, this Memorandum of Agreement is intended to serve under the Bankruptcy Resolutions concerning Purdue Pharma and Mallinckrodt as a qualifying Statewide Abatement Agreement. 1 I.Definitions As used in this MOA (including the preamble above): “Approved Uses” shall mean forward-looking strategies, programming, and services to abate the opioid epidemic that fall within the list of uses on Exhibit A. Consistent with the terms of the National Settlement Agreements and Bankruptcy Resolutions, “Approved Uses” shall include the reasonable administrative expenses associated with overseeing and administering Opioid Settlement Funds. Reimbursement by the State or Local Governments for past expenses are not Approved Uses. “Backstop Fund” is defined in Section VI.B below. “Bankruptcy Defendants” mean Purdue Pharma L.P. and Mallinckrodt plc. “Bankruptcy Resolution(s)” means resolutions of claims concerning alleged misconduct in manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic by the Bankruptcy Defendants entered in bankruptcy court that provide for payments (including payments through a trust) to both the State and Minnesota counties and municipalities and allow for the allocation between the state and its political subdivisions to be set through a state-specific agreement. “Counsel” is defined in Section VI.B below. “County Area” shall mean a county in the State of Minnesota plus the Local Governments, or portion of any Local Government, within that county. “Governing Body” means (1) for a county, the county commissioners of the county, and (2) for a municipality, the elected city council or the equivalent legislative body for the municipality. “Legislative Modification” is defined in Section II.C below. “Litigating Local Governments” mean a Local Government that filed an opioid lawsuit(s) on or before December 3, 2021, as defined in Section VI.B below. “Local Abatement Funds” are defined in Section II.B below. “Local Government” means all counties and cities within the geographic boundaries of the state of Minnesota. “MDL Matter” means the matter captioned In re National Prescription Opiate Litigation, MDL 2804, pending in the United States District Court for the Northern District of Ohio. “Memorandum of Agreement” or “MOA” mean this agreement, the Minnesota Opioids State-Subdivision Memorandum of Agreement. 2 “National Settlement Agreements”means thenational opioid settlement agreementswith the Parties and one or all ofthe Settling Defendants concerning alleged misconduct in manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic. “Opioid Settlement Funds” shall mean all funds allocated by the National Settlement Agreements and any Bankruptcy Resolutions to the State and Local Governments for purposes of opioid remediation activities or restitution, as well as any repayment of those funds and any interest or investment earnings that may accrue as those funds are temporarily held before being expended on opioid remediation strategies. “Opioid Supply Chain Participants” means entities that engage in or have engaged in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic, including their officers, directors, employees, or agents, acting in their capacity as such. “Parties” means the State and the Participating Local Governments. “Participating Local Government” means a county or city within the geographic boundaries of the State of Minnesota that has signed this Memorandum of Agreement and has executed a release of claims with the Settling Defendants by signing on to the National Settlement Agreements. For the avoidance of doubt, a Local Government must sign this MOA to become a “Participating Local Government.” “Region” is defined in Section II.H below. “Settling Defendants” means Johnson & Johnson, AmerisourceBergen, Cardinal Health, and McKesson, as well as their subsidiaries, affiliates, officers, and directors named in a National Settlement Agreement. “State” means the State of Minnesota by and through its Attorney General, Keith Ellison. “State Abatement Fund” is defined in Section II.B below. II. Allocation of Settlement Proceeds A. Method of distribution. Pursuant to the National Settlement Agreementsand any Bankruptcy Resolutions, Opioid Settlement Funds shall be distributed directly to the State and directly to Participating Local Governments in such proportions and for such uses as set forth in this MOA, provided Opioid Settlement Funds shall not be considered funds of the State or anyParticipatingLocal Government unless and until such time as each annual distribution is made. B.Overall allocation of funds. Opioid Settlement Funds will be initially allocated as follows: (i) 25% directly to the State (“State Abatement Fund”), and (ii) 75% directly to abatement funds established by Participating Local Governments (“Local Abatement Funds”). This initial allocation is subject to modification by Sections II.F, II.G,and II.H, below. 3 C.Statutory change. 1. The Parties agree to work together in good faith to propose and lobby for legislation in the 2022 Minnesota legislative session to modify the distribution of the State’s Opiate Epidemic ResponseFund under Minnesota Statutes section 256.043, subd. 3(d),so that “50 percent of the remaining amount” is no longer appropriated to county social services, as related to Opioid Settlement Funds that are ultimately placed into the Minnesota Opiate Epidemic Response Fund (“Legislative 1 Modification”). Such efforts include, but are not limited to, providing testimony and letters in support of the Legislative Modification. 2. It is the intent of the Parties that the Legislative Modification would affect only the county share under section 256.043, subd. 3(d), and would not impact the provision of funds to tribal social service agencies.Further, it is the intent of the Parties that the Legislative Modification would relate only to disposition of Opioid Settlement Funds and is not predicated on a change to the distribution of the Board of Pharmacy fee revenue that is deposited into the Opiate Epidemic Response Fund. D. Bill Drafting Workgroup. The Parties will work together to convene a Bill Drafting Workgroup to recommend draft legislationto achieve this Legislative Modification. The Workgroup will meet as often as practicable in December 2021 and January 2022 until recommended language is completed. Invitations to participate in the group shall be extended to the League of Minnesota Cities, the Association of Minnesota Counties, the Coalition of Greater Minnesota Cities, state agencies, the Governor’s Office, the Attorney General’s Office, the Opioid Epidemic Response Advisory Council, the Revisor’s Office, and Minnesota tribal representatives. The Workgroup will host meetings with Members of the Minnesota House of Representatives and Minnesota Senate who have been involved in this matter to assist in crafting a bill draft. E. No payments until August 1, 2022. The Parties agree to take all steps necessary to ensure that any Opioid Settlement Funds ready for distribution directly to the State and Participating Local Governments under the National Settlement Agreements or Bankruptcy Resolutions are not actually distributed to the Parties until on or after August 1, 2022, in order to allow the Parties to pursue legislative change that would take effect before the Opioid Settlement Funds are received by the Parties. Such steps may include, but are not limited to, the Attorney General’s Office delaying its filing of Consent Judgments in Minnesota state court memorializing the National Settlement Agreements. This provision will cease to apply upon the effective date of the Legislative Modification described above, if that date is prior to August 1, 2022. 1 It is the intent of the Parties that counties will continue to fund child protection services for children and families who are affected by addiction, in compliance with the Approved Uses in ExhibitA. 4 F. Effect of no statutory changeby August 1, 2022. If the Legislative Modification described above does not take effect by August 1, 2022, the allocation between the Parties set forth in Section II.B shallbe modified as follows: (i) 40% directly to the State Abatement Fund, and (ii) 60% to Local Abatement Funds. The Parties further agree to discuss potential amendment of this MOA if such legislation does not timely go into effect in accordance with this paragraph. G.Effect of later statutory change. If the Legislative Modification described abovetakes effect after August 1, 2022, the allocation between the Parties will be modified as follows: (i) 25% directly to the State Abatement Fund, and (ii) 75% to Local Abatement Funds. H.Effect of partial statutory change. If any legislative action otherwise modifies or diminishes the direct allocation of Opioid Settlement Funds to Participating Local Governments so that as a result the Participating Local Governments would receive less than 75 percent of the Opioid Settlement Funds (inclusive of amounts received by counties per statutory appropriation through the Minnesota Opiate Epidemic Response Fund), then the allocation set forth in Section II.B will be modified to ensure Participating Local Governments receive 75% of the Opioid Settlement Funds. I. Participating Local Governments receiving payments. The proportions set forth in ExhibitB provide for payments directly to: (i) all Minnesota counties; and (ii) all Minnesota cities that (a) have a population of more than 30,000, based on the United States Census Bureau’s Vintage 2019 population totals, (b) have funded or otherwise managed an established health care or treatment infrastructure (e.g., health department or similar agency), or (c) have initiated litigation against the Settling Defendants as of December 3, 2021. J.Allocation of funds between Participating Local Governments. The Local Abatement Funds shall be allocated to Participating Local Governments in such proportions as set forth in Exhibit B, attached hereto and incorporated herein by reference, which is based 2 upon the MDL Matter’s Opioid Negotiation Class Model. The proportions shall not change based on population changes during the term of the MOA. However, to the extent required by the terms of the National Settlement Agreements, the proportions set forth in Exhibit B must be adjusted: (i) to provide no payment from the National Settlement Agreements to any listed county or municipality that does not participate in the National Settlement Agreements; and (ii) to provide a reduced payment from the National Settlement Agreements to any listed county or city that signs on to the National Settlement Agreements after the Initial Participation Date. K. Redistribution in certain situations. In the event a Participating Local Government merges, dissolves, or ceases to exist, the allocation percentage for that Participating Local 2 More specifically, the proportions in Exhibit B werecreated based on Exhibit G to the National Settlement Agreements, which in turn was based on the MDL Matter’s allocation criteria. Cities under 30,000 in population that had shares under the Exhibit G default allocation were removed and their shares were proportionally reallocated amongst the remaining subdivisions. 5 Government shall be redistributed equitably based on the composition of the successor Local Government.In the event an allocation to a Local Governmentcannot be paid to the Local Government, such unpaid allocations will be allocated to Local Abatement Funds and be distributed in such proportions as set forth in Exhibit B. L. City may direct payments to county. Any city allocated a share may elect to have its full shareor a portion of its full shareof current or future annual distributions of settlement funds instead directed to the countyor counties in which it is located, so long as that county or counties are Participating Local Governments\[s\]. Such an election must be made by January 1 each year to apply to the following fiscal year. If a city is located in more than one county, the city’s funds will be directed based on the MDL Matter’s Opioid Negotiation Class Model. III.Special Revenue Fund A. Creation of special revenue fund. Every Participating Local Government receivingOpioid Settlement Funds through direct distribution shall create a separate special revenue fund, as described below, that is designated for the receipt and expenditure of Opioid Settlement Funds. B.Procedures for special revenue fund. Funds in this special revenue fund shall not be commingled with any other money or funds of the Participating Local Government. The funds in the special revenue fund shall not be used for any loans or pledge of assets, unless the loan or pledge is for an Approved Use. Participating Local Governments may not assign to another entity their rights to receive payments of Opioid Settlement Funds or their responsibilities for funding decisions, except as provided in Section II.L. C.Process for drawing from special revenue funds. 1. Opioid Settlement Funds can be used for a purpose when the Governing Body includes in its budget or passes a separate resolution authorizing the expenditure of a stated amount of Opioid Settlement Funds for that purpose or those purposes during a specified period of time. 2. The budget or resolution must (i) indicate that it is an authorization for expenditures of opioid settlement funds; (ii) state the specific strategy or strategies the county or city intends to fund, using the item letter and/or number in Exhibit A to identify each funded strategy, if applicable; and (iii) state the amount dedicated to each strategy for a stated period of time. D. Local government grantmaking. Participating Local Governments may make contracts with or grants to a nonprofit, charity, or other entity with Opioid Settlement Funds. E. Interest earned on special revenue fund. The funds in the special revenue fund may be invested, consistent with the investment limitations for local governments, and may be 6 placed in an interest-bearing bank account. Any interest earned on the special revenue funds must be used in a way that is consistent with this MOA. IV.Opioid Remediation Activities A. Limitation on use of funds. This MOA requires that Opioid Settlement Funds be utilized only for future opioid remediation activities, and Parties shall expend Opioid Settlement Funds only for Approved Uses and for expenditures incurred after the effective date of this MOA, unless execution ofthe National Settlement Agreementsrequires a later date. Opioid Settlement Funds cannot be used to pay litigation costs, expenses, or attorney fees arising from the enforcement of legal claims related to the opioid epidemic, except for the portion of Opioid Settlement Funds that comprise the Backstop Fund described in Section VI. For the avoidance of doubt, counsel for Litigating Local Governments may recover litigation costs, expenses, or attorney fees from the common benefit, contingency fee, and cost funds established in the National Settlement Agreements, as well as the Backstop Fund described in Section VI. B.Public health departments as Chief Strategists. For Participating Local Governments that have public health departments, the public health departments shall serve as the lead agency and Chief Strategist to identify, collaborate,and respond to local issues as Local Governments decide how to leverage and disburseOpioid Settlement Funds. In their role as Chief Strategist, public health departments will convene multi-sector meetings and lead efforts that build upon local efforts like Community Health Assessments and Community Health Improvement Plans, while fostering community focused and collaborative evidence-informedapproaches that prevent and address addiction across the areas of public health, human services,and public safety. Chief Strategists should consult with municipalities located within their county in the development of any Community Health Assessment, and are encouraged to collaborate with law enforcement agencies in the county where appropriate. C.Administrative expenses. Reasonable administrative costs for the State or Local Government to administer its allocation of the Opioid Settlement Funds shall not exceed actual costs, 10% of the relevant allocation of the Opioid Settlement Funds, or any administrative expense limitation imposed by the National Settlement Agreements or Bankruptcy Resolution, whichever is less. D. Regions. Two or more Participating Local Governments may at their discretion form a newgroup or utilize an existing group (“Region”) to pool their respective shares of settlement funds and make joint spending decisions. Participating Local Governments may choose to create a Region or utilize an existing Region under a joint exercise of powers under Minn. Stat. § 471.59. E. Consultation and partnerships. 1. Each county receiving Opioid Settlement Funds must consult annually with the municipalities in the county regarding future use of the settlement funds in the 7 county, including by holding an annual meeting with all municipalities in the county in order to receive input as to proposed uses of the Opioid Settlement Funds and to encourage collaboration between Local Governments both within and beyond the county. These meetings shall be open to the public. 2. Participating Local Governments within the same County Area have a duty to regularly consult with each other to coordinate spending priorities. 3. Participating Local Governments can form partnerships at the local level whereby Participating Local Governments dedicate a portion of their Opioid Settlement Funds to support city- or community-based work with local stakeholders and partners within the Approved Uses. F. Collaboration. The State and Participating Local Governments must collaborate to promote effective use of Opioid Settlement Funds, including through the sharing of expertise, training, and technical assistance. They will also coordinate with trusted partners, including community stakeholders, to collect and share information about successful regional and other high-impact strategies and opioid treatment programs. V.Reporting and Compliance A. Construction of reporting and compliance provisions. Reporting and compliance requirements will be developed and mutually agreed upon by the Parties, utilizing the recommendations provided by the Advisory Panel to the Attorney General on Distribution and Allocation of Opioid Settlement Funds. B.ReportingWorkgroup. The Parties will work together to establish a Reporting Workgroup that includes representatives of the Attorney General’s Office, state stakeholders, and city and county representatives, who will meet on a regular basis to develop reporting and compliance recommendations. The Reporting Workgroup must produce a set of reporting and compliance measures by June 1, 2022. Such reporting and compliance measures will be effective once approved by representatives of the Attorney General’s Office, the Governor’s Office, the Association of Minnesota Counties, and the League of Minnesota Cities that are on the Workgroup. VI.Backstop Fund A. National Attorney Fee Fund. The National Settlement Agreements provide for the payment of all or a portion of the attorney fees and costs owed by Litigating Local Governments to private attorneys specifically retained to file suit in the opioid litigation (“National Attorney Fee Fund”). The Parties acknowledge that the National Settlement Agreements may provide for a portion of the attorney fees of Litigating Local Governments. B.Backstop Fund and Waiver of Contingency Fee. The Parties agree that the Participating Local Governments will create a supplemental attorney fees fund (the “Backstop Fund”) to be used to compensate private attorneys(“Counsel”)for Local Governments that filed opioid lawsuits on or before December 3, 2021(“Litigating Local Governments”). By 8 3 dated August 6, 2021, Judge Polster capped all applicable contingent fee agreements order at 15%. Judge Polster’s 15% cap does not limit fees from the National Attorney Fee Fund or from any state backstop fund for attorney fees, but private attorneys for local governments must waive their contingent fee agreements to receive payment from the NationalAttorney Fee Fund. Judge Polster recognized that a state backstop fund can be designed to incentivize private attorneys to waive their right to enforce contingent fee agreements and instead apply to the National Attorney Fee Fund, with the goals of achieving greater subdivision participation and higher ultimate payouts to both states and local governments.Accordingly, in order to seek payment from the Backstop Fund, Counsel must agree to waive their contingency fee agreements relating to these National Settlement Agreements and first apply to the National Attorney Fee Fund. C.Backstop Fund Source. The Backstop Fund will be funded by seven percent (7%) of the share of each payment made to the Local Abatement Funds from the National Settlement Agreements (annual or otherwise), based upon the initial allocation of 25% directly to the State Abatement Fund and 75% directly to Local Abatement Funds, and will not include payments resulting from the Purdue or Mallinckrodt Bankruptcies. In the event that the initial allocation is modified pursuant to Section II.F. above, then the Backstop Fund will be funded by 8.75% of the share of each payment made to the Local Abatement Funds from the National Settlement Agreements (annual or otherwise), based upon the modified allocation of 40% directly to the State Abatement Fund and 60% directly to the Local Abatement Funds, and will not include payments resulting from the Purdue or Mallinckrodt Bankruptcies. In the event that the allocation is modified pursuant to Section II.G. or Section II.H. above, back to an allocation of 25% directly to the State Abatement Fund and 75% directly to Local Abatement Funds, then the Backstop Fund will be funded by 7% of the share of each payment made to the Local Abatement Funds from the National Settlement Agreements (annual or otherwise), and will not include payments resulting from the Purdue or Mallinckrodt Bankruptcies. D. Backstop Fund Payment Cap. Any attorney fees paid from the Backstop Fund, together with any compensation received from the National Settlement Agreements’ Contingency Fee Fund, shall not exceed 15% of the total gross recovery of the Litigating Local Governments’ share of funds from the National Settlement Agreements. To avoid doubt, in no instance will Counsel receive more than 15% of the amount paid to their respective Litigating Local Government client(s) when taking into account what private attorneys receive from both the Backstop Fund and any fees received from the National Settlement Agreements’ Contingency Fee Fund. E. Requirements to Seek Payment from Backstop Fund. A private attorney may seek payment from the Backstop Fund in the event that funds received by Counsel from the National Settlement Agreements’ Contingency Fee Fund are insufficient to cover the amount that would be due to Counsel under any contingency fee agreement with a Litigating Local Government based on any recovery Litigating Local Governments receive from the National Settlement Agreements. Before seeking any payment from the Backstop Fund, 3 Order, In re: Nat’l Prescription Opiate Litig., Case No. 17-MD-02804, Doc. No. 3814 (N.D. Ohio August 6, 2021). 9 private attorneys must certify that they first sought fees from the National Settlement Agreements’ Contingency Fee Fund, and must certify that they agreed to acceptthe maximum fees payments awarded to them. Nothing in this Section, or in the terms of this Agreement, shall be construed as a waiver of fees, contractual or otherwise, with respect to fees that may be recovered under a contingency fee agreement or otherwise from other past or future settlements, verdicts, or recoveries related to the opioid litigation. F. Special Master. A special master will administer the Backstop Fund, including overseeing any distribution, evaluating the requests of Counselfor payment, and determining the appropriate amount of any payment from the Backstop Fund. The special master will be selected jointly by the Minnesota Attorney General and the Hennepin County Attorney, and will be one of the following individuals: Hon. Jeffrey Keyes, Hon. David Lillehaug; or Hon. Jack Van de North. The special master will be compensated from the Backstop Fund. In the event that a successor special master is needed, the Minnesota Attorney General and the Hennepin County Attorney will jointly select the successor special master from the above-listed individuals. If none of the above-listed individuals is available to serve as the successor special master, then the Minnesota Attorney General and the Hennepin County Attorney will jointly select a successor special master from a list of individuals that is agreed upon between the Minnesota Attorney General, the Hennepin County Attorney, and Counsel. G. Special Master Determinations. The special master will determine the amount and timing of any payment to Counsel from the Backstop Fund. The special master shall make one determination regarding payment of attorney fees to Counsel, which will apply through the term of the recovery from the National Settlement Agreements. In making such determinations, the special master shall consider the amounts that have been or will be received by the private attorney’s firm from the National Settlement Agreements’ Contingency Fee Fund relating to Litigating Local Governments; the contingency fee contracts; the dollar amount of recovery for Counsel’s respective clients who are Litigating Local Governments; the Backstop Fund Payment Cap above; the complexity of the legal issues involved in the opioid litigation; work done to directly benefit the Local Governments within the State of Minnesota; and the principles set forth in the Minnesota Rules of Professional Conduct, including the reasonable and contingency fee principles of Rule 1.5. In the interest of transparency, Counsel shall provide information in their initial fee application about the total amount of fees that Counsel have received or will receive from the National Attorney Fee Fund related to the Litigating Local Governments. H. Special Master Proceedings. Counsel seeking payment from the Backstop Fund may also provide written submissions to the special master, which may include declarations from counsel, summaries relating to the factors described above, and/or attestation regarding total payments awarded or anticipated from the National Settlement Agreements’ Contingency Fee Fund. Private attorneys shall not be required to disclose work product, proprietary or confidential information, including but not limited to detailed billing or lodestar records. To the extent that counsel rely upon written submissions to support their application to the special master, the special master will incorporate said submission or summary into the record. Any proceedings before the special master and documents filed with the special master shall be public, and the special master’s determinations regarding 10 any payment from the Backstop Funds shall be transparent, public, final, and not appealable. I. Distribution of Any Excess Funds. To the extent the special master determines that the Backstop Fund exceeds the amount necessary for payment to Counsel, the special master shall distribute any excess amount to ParticipatingLocal Governments according to the percentages set forth in Exhibit B. J.Term. The Backstop Fund will be administered for (a) the length of the National Litigation Settlement payments; or (b) until all Counsel for Litigating Local Governments have either (i) received payments equal to the Backstop Fund Payment Cap above or (ii) received the full amount determined by the special master; whichever occurs first. K. No State Funds Toward Attorney Fees. For the avoidance of doubt, no portion of the State Abatement Fund will be used to fund the Backstop Fund or in any other way to fund any Litigating Local Government’s attorney fees and expenses. Any funds that the State receives from the National Settlement Agreements as attorney fees and costs or in lieu of attorney fees and costs, including the Additional Restitution Amounts, will be treated as State Abatement Funds. VII.GeneralTerms A. Scope of agreement. This MOA applies toall settlements under theNational Settlement Agreements with Settling Defendants and the Bankruptcy Resolutionswith Bankruptcy 4 Defendants. The Parties agree to discuss the use, as the Parties may deem appropriate in the future, of the settlement terms set out herein (after any necessary amendments) for resolutions with Opioid Supply Chain Participants not covered by the National Settlement Agreements or a Bankruptcy Resolution. The Parties acknowledge that this MOA does not excuse any requirements placed upon them by the terms of the National Settlement Agreements or any Bankruptcy Resolution, except to the extent those terms allow for a State-Subdivision Agreement to do so. B.When MOA takes effect. 1. This MOA shall become effective at the time a sufficient number of Local Governments have joined the MOA to qualify this MOA as a State-Subdivision Agreement under the National Settlement Agreements or as a Statewide Abatement Agreement under any Bankruptcy Resolution. If this MOA does not thereby qualify as a State-Subdivision Agreement or Statewide Abatement Agreement, this MOA will have no effect. 2. The Parties may conditionally agree to sign on to the MOA through a letter of intent, resolution, or similar written statement, declaration, or pronouncement declaring 4 For the avoidance of doubt, this includes settlements reached with AmerisourceBergen, Cardinal Health, and McKesson, andJanssen, and Bankruptcy Resolutions involving Purdue Pharma L.P., and Mallinckrodt plc. 11 their intent to sign on to the MOA if the threshold for Party participation in a specific Settlement is achieved. C.Dispute resolution. 1. If any Party believes another Party has violated the terms of this MOA, the alleging Party may seek to enforce the terms of this MOA in Ramsey County District Court, provided the alleging Party first provides notice to the alleged offending Party of the alleged violation and a reasonable opportunity to cure the alleged violation. 2. If a Party believes another Party, Region, or individual involved in the receipt, distribution, or administration of Opioid Settlement Funds has violated any applicable ethics codes or rules, a complaint shall be lodged with the appropriate forum for handling such matters. 3. If a Party believes another Party, Region, or individual involved in the receipt, distribution, or administration of Opioid Settlement Funds violated any Minnesota criminal law, such conduct shall be reported to the appropriate criminal authorities. D. Amendments. The Parties agree to make such amendments as necessary to implement the intent of this MOA. E. Applicable law and venue.Unless otherwise required by the National Settlement Agreements or a Bankruptcy Resolution, this MOA, including any issues related to interpretation or enforcement, is governed by the laws of the State of Minnesota. Any action related to the provisions of this MOA must be adjudicated by the Ramsey County District Court. If any provision of this MOA is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision which can be given effect without the invalid provision. F. Relationshipof this MOA to other agreements and resolutions. All Parties acknowledge and agree that the National Settlement Agreements will require a Participating Local Government to release all its claims against the Settling Defendants to receive direct allocation of Opioid Settlement Funds. All Parties further acknowledge and agree that based on the terms of the National Settlement Agreements, a Participating Local Government may receive funds through this MOA only after complying with all requirements set forth in the National Settlement Agreements to release its claims. This MOA is not a promise from any Party that any National Settlement Agreements or Bankruptcy Resolution will be finalized or executed. G. When MOA is no longer in effect. This MOA is effective until one year after the last date on which any Opioid Settlement Funds are being spent by the Parties pursuant to the National Settlement Agreements and any Bankruptcy Resolution. H. No waiverfor failure to exercise. The failure of a Party to exercise any rights under this MOA will not be deemed to be a waiver of any right or any future rights. 12 I.No effect on authority of Parties.Nothing in this MOA should be construed to limit the power or authority of the State of Minnesota, the Attorney General, or the Local Governments, except as expressly set forth herein. J.Signing and execution.This MOA may be executed in counterparts, each of which constitutes an original, and all of which constitute one and the same agreement. This MOA may be executed by facsimile or electronic copy in any image format.Each Party represents that all procedures necessary to authorize such Party’s execution of this MOA have been performed and that the person signing for such Party has been authorized to execute the MOA in an official capacity that binds the Party. 13 This Minnesota Opioids State-Subdivision Memorandum of Agreement is signed this ___day of ____________, ______ by: ____________________________________________ Name and Title: _______________________________ On behalf of: _________________________________ 14 EXHIBIT A List of Opioid Remediation Uses Settlement fund recipients shall choose from among abatement strategies, including but not limited to those listed in this Exhibit. The programs and strategies listed in this Exhibit are not exclusive, and fund recipients shall have flexibility to modify their abatement approach as needed and as new uses are discovered. PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUD) Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidence- 56 informed programsor strategies that may include, but are not limited to, those that: 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication for Opioid Use Disorder 7 (“MOUD”) approved by the U.S. Food and Drug Administration. 2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any co- occurring SUD/MH conditions. 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MOUD, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence- based or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5 Use of the terms “evidence-based,” “evidence-informed,” or “best practices” shall not limit the ability of recipients to fund innovative services or those built on culturally specific needs. Rather, recipients are encouraged to support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions. 6 As used in this Exhibit, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs. 7 Historically, pharmacological treatment for opioid use disorder was referred to as “Medication- Assisted Treatment” (“MAT”). It has recently been determined that the better term is “Medication for Opioid Use Disorder” (“MOUD”). This Exhibit will use “MOUD” going forward. Use of the term MOUD is not intended to and shall in no way limit abatement programs or strategies now or into the future as new strategies and terminology evolve. 1 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support detoxification (detox) and withdrawal management services for people with OUD and any co-occurring SUD/MH conditions, including but not limited to medical detox, referral to treatment, or connections to other services or supports. 8. Provide training on MOUD for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH or mental health conditions. 10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Offer scholarships and supports for certified addiction counselors, licensed alcohol and drug counselors, licensed clinical social workers, licensed mental health counselors, and other mental and behavioral health practitioners or workers, including peer recovery coaches, peer recovery supports, and treatment coordinators, involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, continuing education, licensing fees, or other incentives for providers to work in rural or underserved areas. 12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MOUD for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 13. Dissemination of web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based training curriculum and motivational interviewing. 14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication– Assisted Treatment. 2 B.SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the programs or strategies that: 1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services. 3. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. 4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved medication with other support services. 5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 3 11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including but not limited to new Americans, African Americans, and American Indians. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have—or are at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Fund Screening, Brief Intervention and Referral to Treatment (“SBIRT”) programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Expand services such as navigators and on-call teams to begin MOUD in hospital emergency departments. 6. Provide training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MOUD, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach. 4 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. 14. Support assistance programs for health care providers with OUD. 15. Engage non-profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that: 1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as: 1. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (“PAARI”); 2. Active outreach strategies such as the Drug Abuse Response Team (“DART”) model; 5 3. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; 4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (“LEAD”) model; 5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 6. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise. 2. Support pre-trial services that connect individuals with OUD and any co- occurring SUD/MH conditions to evidence-informed treatment, including MOUD, and related services. 3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions. 4. Provide evidence-informed treatment, including MOUD, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence-informed treatment, including MOUD, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions (“CTI”), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal justice- involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E.ADDRESS THE NEEDS OF THE PERINATAL POPULATION, CAREGIVERS, AND FAMILIES, INCLUDING BABIES WITH NEONATAL OPIOID WITHDRAWAL SYNDROME. Address the needs of the perinatal population and caregivers with OUD and any co- occurring SUD/MH conditions, and the needs of their families, including babies with 6 neonatal opioid withdrawal syndrome (“NOWS”), through evidence-based or evidence- informed programs or strategies that may include, but are not limited to, those that: 1. Support evidence-based or evidence-informed treatment, including MOUD, recovery services and supports, and prevention services for the perinatal population—or individuals who could become pregnant—who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to caregivers and families affected by Neonatal Opioid Withdrawal Syndrome. 2. Expand comprehensive evidence-based treatment and recovery services, including MOUD, for uninsured individuals with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. 3. Provide training for obstetricians or other healthcare personnel who work with the perinatal population and their families regarding treatment of OUD and any co- occurring SUD/MH conditions. 4. Expand comprehensive evidence-based treatment and recovery support for NOWS babies; expand services for better continuum of care with infant-caregiver dyad; and expand long-term treatment and services for medical monitoring of NOWS babies and their caregivers and families. 5. Provide training to health care providers who work with the perinatal population and caregivers on best practices for compliance with federal requirements that children born with NOWS get referred to appropriate services and receive a plan of safe care. 6. Provide child and family supports for caregivers with OUD and any co-occurring SUD/MH conditions, emphasizing the desire to keep families together. 7. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events. 8. Offer home-based wrap-around services to persons with OUD and any co- occurring SUD/MH conditions, including, but not limited to, parent skills training. 9. Provide support for Children’s Services—Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. 7 PART TWO: PREVENTION F.PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain. 5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs (“PDMPs”), including, but not limited to, improvements that: 1. Increase the number of prescribers using PDMPs; 2. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or 3. Enable states to use PDMP data in support of surveillance or intervention strategies, including MOUD referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increasing electronic prescribing to prevent diversion or forgery. 8. Educating dispensers on appropriate opioid dispensing. 8 G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Funding media campaigns to prevent opioid misuse, including but not limited to focusing on risk factors and early interventions. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take-back disposal or destruction programs. 5. Funding community anti-drug coalitions that engage in drug prevention efforts. 6. Supporting community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction—including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (“SAMHSA”). 7. Engaging non-profits and faith-based communities as systems to support prevention. 8. Funding evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student associations, and others. 9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create or support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health 9 workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2. Public health entities providing free naloxone to anyone in the community. 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 8. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 10 12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co- occurring SUD/MH conditions. 13. Supporting screening for fentanyl in routine clinical toxicology testing. PART THREE: OTHER STRATEGIES I.FIRST RESPONDERS In addition to items in section C, D and H relating to first responders, support the following: 1. Law enforcement expenditures related to the opioid epidemic. 2. Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 3. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or (d) to track, share or visualize key opioid- or health-related indicators and supports as identified through collaborative statewide, regional, local or community processes. 3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 11 4. Provide resources to staff government oversight and management of opioid abatement programs. 5. Support multidisciplinary collaborative approaches consisting of, but not limited to, public health, public safety, behavioral health, harm reduction, and others at the state, regional, local, nonprofit, and community level to maximize collective impact. K. TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs,etc.). L.RESEARCH Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non-opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids. 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7). 12 7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (“ADAM”) system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MOUD and their association with treatment engagement and treatment outcomes. M. POST-MORTEM 1. Toxicology tests for the range of opioids, including synthetic opioids,seen in overdose deaths as well as newly evolving synthetic opioids infiltrating the drug supply. 2. Toxicology method development and method validation for the range of synthetic opioids observed now and in the future, including the cost of installation, maintenance, repairs and training of capital equipment. 3. Autopsies in cases of overdose deaths resulting from opioids and synthetic opioids. 4. Additional storage space/facilities for bodies directly related to opioid or synthetic opioid related deaths. 5. Comprehensive death investigations for individuals where a death is caused by or suspected to have been caused by an opioid or synthetic opioid overdose, whether intentional or accidental (overdose fatality reviews). 6. Indigent burial for unclaimed remains resulting from overdose deaths. 7. Navigation-to-care services for individuals with opioid use disorder who are encountered by the medical examiner’s office as either family and/or social network members of decedents dying of opioid overdose. 8. Epidemiologic data management and reporting to public health and public safety stakeholders regarding opioid overdose fatalities. 13 EXHIBIT B Local Abatement Funds Allocation Allocation Percentage Subdivision AITKIN COUNTY 0.5760578506020% Andover city 0.1364919450741% ANOKA COUNTY5.0386504680954% Apple Valley city 0.2990817344560% BECKER COUNTY0.6619330684437% BELTRAMI COUNTY 0.7640787092763% BENTON COUNTY 0.6440948102319% BIG STONE COUNTY 0.1194868774775% Blaine city 0.4249516912759% Bloomington city0.4900195550092% BLUE EARTH COUNTY 0.6635420704652% Brooklyn Center city0.1413853902225% Brooklyn Park city 0.2804136234778% BROWN COUNTY0.3325325415732% Burnsville city0.5135361296508% CARLTON COUNTY 0.9839591749060% CARVER COUNTY 1.1452829659572% CASS COUNTY 0.8895681513437% CHIPPEWA COUNTY 0.2092611794436% CHISAGO COUNTY 0.9950193750117% CLAY COUNTY0.9428475281726% CLEARWATER COUNTY 0.1858592042741% COOK COUNTY 0.1074594959729% Coon Rapids city 0.5772642444915% Cottage Grove city 0.2810994719143% COTTONWOOD COUNTY 0.1739065270025% CROW WING COUNTY 1.1394859174804% DAKOTA COUNTY 4.4207140602835% DODGE COUNTY 0.2213963257778% DOUGLAS COUNTY0.6021779472345% Duluth city1.1502115379896% Eagan city0.3657951576014% Eden Prairie city 0.2552171572659% Edina city 0.1973054822135% FARIBAULT COUNTY0.2169409335358% FILLMORE COUNTY 0.2329591105316% FREEBORN COUNTY0.3507169823793% GOODHUE COUNTY 0.5616542387089% 1 Allocation Percentage Subdivision GRANT COUNTY 0.0764556498477% HENNEPIN COUNTY 19.0624622261821% HOUSTON COUNTY0.3099019273452% HUBBARD COUNTY0.4582368775192% Inver Grove Heights city0.2193400520297% ISANTI COUNTY0.7712992707537% ITASCA COUNTY 1.1406408131328% JACKSON COUNTY 0.1408950443531% KANABEC COUNTY 0.3078966749987% KANDIYOHI COUNTY 0.1581167542252% KITTSON COUNTY 0.0812834506382% KOOCHICHING COUNTY 0.2612581865885% LAC QUI PARLE COUNTY 0.0985665133485% LAKE COUNTY 0.1827750320696% LAKE OF THE WOODS COUNTY0.1123105027592% Lakeville city0.2822249627090% LE SUEUR COUNTY 0.3225703347466% LINCOLN COUNTY 0.1091919983965% LYON COUNTY 0.2935118186364% MAHNOMEN COUNTY 0.1416417687922% Mankato city 0.3698584320930% Maple Grove city 0.1814019046900% Maplewood city 0.1875101678223% MARSHALL COUNTY 0.1296352091057% MARTIN COUNTY 0.2543064014046% MCLEOD COUNTY 0.1247104517575% MEEKER COUNTY 0.3744031515243% MILLE LACS COUNTY 0.9301506695846% Minneapolis city 4.8777618689374% Minnetonka city0.1967231070869% Moorhead city 0.4337377037965% MORRISON COUNTY0.7178981419196% MOWER COUNTY 0.5801769148506% MURRAY COUNTY 0.1348775389165% NICOLLET COUNTY 0.1572381052896% NOBLES COUNTY0.1562005111775% NORMAN COUNTY 0.1087596675165% 0.0575844069340% North St. Paul city OLMSTED COUNTY 1.9236715094724% OTTER TAIL COUNTY 0.8336175418789% PENNINGTON COUNTY 0.3082576394945% PINE COUNTY 0.5671222706703% 2 Allocation Percentage Subdivision PIPESTONE COUNTY 0.1535154503112% Plymouth city0.1762541472591% POLK COUNTY0.8654291473909% POPE COUNTY0.1870129873102% 0.0214374127881% Proctor city RAMSEY COUNTY7.1081424150498% RED LAKE COUNTY 0.0532649128178% REDWOOD COUNTY 0.2809842366614% RENVILLE COUNTY 0.2706888807449% RICE COUNTY 0.2674764397830% Richfield city 0.2534018444052% Rochester city 0.7363082848763% ROCK COUNTY0.2043437335735% ROSEAU COUNTY 0.2517872793025% Roseville city 0.1721905548771% Savage city 0.1883576635033% SCOTT COUNTY1.3274301645797% Shakopee city 0.2879873611373% SHERBURNE COUNTY 1.2543449471994% SIBLEY COUNTY 0.2393480708456% ST LOUIS COUNTY 4.7407767169807% 0.7330089009029% St. Cloud city St. Louis Park city 0.1476314588229% St. Paul city 3.7475206797569% STEARNS COUNTY2.4158085321227% STEELE COUNTY 0.3969975262520% STEVENS COUNTY0.1439474275223% SWIFT COUNTY0.1344167568499% TODD COUNTY 0.4180909816781% TRAVERSE COUNTY0.0903964133868% WABASHA COUNTY0.3103038996965% WADENA COUNTY 0.2644094336575% WASECA COUNTY0.2857912156338% WASHINGTON COUNTY 3.0852862512586% WATONWAN COUNTY 0.1475626355615% WILKIN COUNTY0.0937962507119% WINONA COUNTY 0.7755267356126% Woodbury city0.4677270171716% WRIGHT COUNTY 1.6985269385427% YELLOW MEDICINE COUNTY 0.1742264836427% 3 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: January 12, 2022 Planning & Zoning IX.2 TITLE OF ISSUE: Ord. #120, Second Series - Revising Chapter 152: Sign Regulations BACKGROUND AND SUPPLEMENTAL INFORMATION: The Planning & Zoning Commission held a public hearing on December 7, 2021 regarding the revised language as submitted. The pposed language revisions are to include the Main Street Commerical (B-2) in the ordinance in the appropriate sections. **First Reading** COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: **First Reading - No Action at This Time** For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA ORDINANCE #120, SECOND SERIES Î REVISING LANGUAGE TO CITY CODE, CHAPTER 152, SIGN REGULATIONS, TO INCLUDE MAIN STREET COMMERCIAL (B-2) CHAPTER152:SIGNREGULATIONS Section General Provisions 152.01 Title 152.02 Purpose and intent 152.03 Definitions General Regulations 152.15 General regulations 152.16 Permitted signs with no permit required 152.17 Portable signs 152.18 District regulations 152.19 Comprehensive sign plan required 152.20 Adjustments and appeals 152.21 Nonconforming signs 152.22 Enforcement 152.99 Penalty GENERAL PROVISIONS §152.01 TITLE. This chapter shall be known as the Centerville Signage Ordinance, except as herein referred to as this chapter. Ord. #39, adopted - §152.02 PURPOSE AND INTENT. It is the purpose of this chapter to: (A) Establish a set of standards for the fabrication, erection, use and maintenance for signs, symbols, markings, advertising devices or other items that serve as visual communication media; (B) Allow creativity in sign design while at the same time ensuring that the public is not endangered, annoyed, distracted or displeased by unsafe, disorderly, indiscriminate and unnecessary use of visual communication media; and (C) Provide administration and procedures for requiring permits, payments of fees and provide for penalties for noncompliance. Ord. #39, adopted - § 152.03 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AREA IDENTIFICATION SIGN. A freestanding sign that identifies the name of a residential subdivision, commercial or industrial development. BILLBOARD. A sign erected for the purpose of advertising a product, event, person or subject not entirely related to the premises on which the sign is located. BUSINESS FRONTAGE. The linear frontage of that portion of a building facing the right-of-way and occupied by one separate business. CANOPY. A permanent roof structure attached to and supported by the building. CHANGEABLE COPY SIGN. Any sign that is characterized by changeable copy, letters or symbols, regardless of method of attachment. DIRECTIONAL SIGN. An on-premises sign designed to guide or direct pedestrian or vehicular traffic. DYNAMIC SIGN. Any sign that appears to have movement or that appears to change, however frequently by any method other than physically removing part of the sign or its component, whether the apparent movement is in the display, the sign structure itself or any component of the sign. This includes but is not limited to any sign that uses technology or any method that changes the image or sign face without physically changing the sign face or its components. This includes but is not limited to any rotating, revolving, moving , flashing, blinking, or animated display that includes rotating panels, LED lights manipulated through digital input or any other method that allows a sign face to display a changed image or series of images or displays. FLAGS. Devices generally made of flexible materials, such as cloth, paper or plastic, and displayed on poles, strings or wires, but excluding the flag of any country or state. FLASHING SIGN. An illuminated sign on which the illumination is not kept constant in intensity or color at all times when the sign is in use. GROUND SIGN. Any sign supported by structures or supports that are permanently anchored in the ground and that are independent from any building or structure. HISTORICAL IDENTIFICATION SYMBOLS. Those symbols which have historically been identified with the service the establishment provides, are common to similar enterprises in all other localities and are not a particular trademark or business identification. ILLUMINATED SIGN. A sign that has an artificial light source directed upon it or which has an interior light source. MAJOR ANCHOR. A single tenant in a shopping center that is at least 20 percent of the total square footage and in excess of 50,000 square feet. MOTION SIGN. A sign that revolves, rotates or moves. POLITICAL SIGN. Any sign which states the name or picture of an individual seeking election or appointment to a public office, pertaining to a forthcoming public election or referendum, or pertaining to or advocating political views or policies erected on private property, which is erected by a bona fide candidate for political office or by a person or group supporting the candidate, and which contains the name of the person or group chairperson responsible for the erection and removal of the sign. PORTABLE SIGN. Any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels, signs converted to A- or T-frames; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless the vehicle is used in the normal day-to-day operations of the business. PYLON SIGN. A sign installed on a post or posts, permanently anchored to the ground. SETBACK. The minimum horizontal distance between a lot line and a building line or use. SIGN. A name, identification, description, display, illustration structure or device which is affixed to or painted on, or represented directly or indirectly upon a building or other outdoor surface or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. SIGN AREA. The entire area within a continuous perimeter enclosing a sign, exclusive of sign embellishments, which may extend beyond the perimeter as regulated herein; the perimeter shall not include any structural elements lying outside of the sign and is not an integral part of the display. Double-faced signs are permitted with the maximum square footage allowed on each face as that allowed for a single-faced sign; multi-faced sign areas may not exceed the area permitted for a single-faced sign. SIGN HEIGHT. Height shall be measured from grade to the uppermost points or level of sign surface. TEMPORARY SIGN. A sign that is not permanently affixed. All devices such as banners, pennants, flags (not intended to include flags of any nations), searchlights, twirling or sidewalk or curb signs and balloons or other air- or gas-filled figures. WALL SIGN. An advertising sign attached to or erected against the wall of a building or structure with the exposed face to the sign in a plane approximately parallel to the face of the wall and extending not more than 15 inches from the building wall face. WINDOW SIGN. A sign affixed to or inside a window in view of the general public, but excluding merchandise on display. Ord. #39, adopted - - GENERAL REGULATIONS § 152.15 GENERAL REGULATIONS. (A) Signs are prohibited within the public right-of-way or easements, except that the City Council may grant a conditional or interim use permit to locate signs and decorations on or within the right-of-way for a specified period of time. (B) Flashing signs, motion signs or similar devices shall be prohibited in all districts except commercial district signs that meet the criteria detailed in the commercial district standards. Approved traffic signs are exempt from this provision. (C) Unless specifically allowed in this chapter, interior illuminated signs are permitted in all districts except residential. All illuminated signs shall have a shielded light source. Illuminated signs of any type may not direct light onto or across any residential property unless it is defused to less than 0.4 foot candles as measured at the adjoining property line. (D) Business signs shall not be painted, attached or in any manner affixed to trees, rocks or similar natural surfaces. No signs of any type shall be painted directly onto the roof or the sides of a building. (E) Signs that interfere with the ability of vehicle operators or pedestrians to see traffic signals, or which impede the vision of traffic by vehicle operators or pedestrians are prohibited. (F) Signs shall not project above the roofline of any structure. (G) No sign shall physically obstruct any window, fire escape or opening intended to provide entry or exit to any structure, building or public way. (H) All signs and sign structures shall be properly maintained in a safe, orderly condition at all times, including the replacement of defective parts, cleaning and other items required for the maintenance of the sign. Vegetation within ten feet in any direction of the base of ground signs shall be neatly trimmed and free of weeds, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign. (I) No signs may be placed on utility poles in the city. (J) There may be no more than one identical sign per lot in a residentially zoned area. (K) The changing of the advertising message of a painted or printed sign, or changeable copy sign, and the painting, repainting and cleaning of signs will not require a sign permit, but will otherwise be done in compliance with this chapter and any other applicable laws. (L) No sign may by reason of its location, color or intensity create a hazard to the safe and efficient movement of vehicles or pedestrian traffic. No private sign may contain words that might be construed as traffic controls, such as ÐStop,Ñ ÐCaution,Ñ ÐWarning,Ñ or otherwise resemble any official marker erected by a governmental body or agency, unless the sign is a directional sign. (M)Billboard Signs are prohibited in all residential and mixed use zoning districts, and on any lot in any other district where there is not a principal structure conforming to the district requirements. A Billboard Sign must be located a minimum of 1000 feet from any other Billboard Sign and a minimum of 1000 feet from any residential zoning district. A billboard shall not exceed 200 square feet per side and shall not exceed a height of 35 feet. (N) A Dynamic Sign not exceeding 20 square feet may be installed as a part of a permitted freestanding or wall sign in any public (P), commercial/Main Street Commercial (B-1) & (B-2) or industrial (I-1) zoning district. (1) Dynamic signs shall not change any part of the image more often than once every seven (7) seconds. (2) Brightness. The sign must not exceed a maximum illumination of 5000 nits (candelas per square meter) daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness; (3) Dimmer control. Dynamic signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between dusk (one half-hour before sunset) and dawn (one half-hour after sunrise); (4) Setback from other Dynamic signs. Dynamic signs must be separated from other dynamic signs by at least 35 feet; and (5) Audio or pyrotechnics. Audio speakers or any form of pyrotechnics are prohibited in association with a Dynamic sign. Ord. #39, adopted - - § 152.16 PERMITTED SIGNS WITH NO PERMIT REQUIRED. (A) Political signs. Political signs may be posted in conformity with Minnesota Statute Section 211B.045. (B) Temporary signs. (1) Temporary Signs shall be displayed for no more than 14 days. A maximum of six occurrences per year are allowed except that searchlights may not be used more often than one occurrence per year. Banners or pennants determined to be an integral part of the design or architecture of a building are permitted; (2) One temporary identification sign, setting forth the name of the project, architect, engineers, contractors, planners and financing agencies, may be installed at a construction site in any district for the period of construction. The sign area of a temporary identification sign shall not exceed 35 square feet; (3) In any district, one temporary real estate sign may be erected for the purpose of advertising the lease or sale of property upon which it is placed. Only one sign shall be permitted per street frontage. The sign(s) shall be removed within seven days following the lease or sale of the property. (a) The maximum size of these signs for each district is as follows: 1. Residential Districts: Ten square feet; 2. Commercial/Main Street Commercial Districts: Thirty-two square feet; 3. Industrial Districts: Thirty-two square feet; 4. Mixed-Use District: Sixteen square feet; and 5. Agricultural/Rural Residential: Thirty-two square feet. (b) In any district, one temporary Ðhelp wantedÑ or Ðnow hiringÑ sign may be erected for the purpose of advertising employment positions. Only one such sign shall be permitted per street frontage. The sign shall be removed upon filling the employment position. The maximum size of these signs for each district is as follows: 1. Commercial/Main Street Commercial District: Thirty-two square feet; 2. Industrial District: Thirty-two square feet; 3. Mixed-Use District: Sixteen square feet; and 4. Agricultural/Rural Residential: Thirty-two square feet. (4) Permission of the Council must be obtained to erect the signs upon or over public property, and provided further that the signs shall not be erected or posted for a period of more than 14 days prior to the date of the event and must be removed within three days after the event. (C) Directional signs. Directional signs having a surface area not greater than five square feet. (D) Memorial signs. Memorial signs or tablets, or names of buildings and date of erection when cut into a masonry surface or constructed of metal, wood or stone and attached to the building, not exceeding a sign surface area of four square feet. (E) Freestanding signs. Freestanding signs for garage sales or similar events occurring within the corporate limits of the city, not exceeding four square feet in sign surface area, erected on private property with permission of the landowner, and displayed for not more than three consecutive days. (F) Window signs. Temporary or permanent window signs duly authorized by zoning and other laws of this city, provided that all the signs on a frontage shall not have a total sign surface area greater than 50 percent of the glass area, excluding doors, on the frontage, and provided that a minimum of one-half of the open window space must be below a horizontal line which is five feet above the interior floor of the commercial establishment. Merchandise displays in windows shall not be considered a part of the sign area if the display is not to be continued for a period of more than eight weeks. (G) Sandwich boards. In B-1, B-2 and M-1 zoning districts, one sandwich board sign per business, not exceeding six square feet per side, shall be allowed, providing it does not block a sidewalk and is located within 35 feet of the main entrance to the business. Sandwich boards shall not be displayed during hours that the business is not open to customers. Ord. #39, adopted - - § 152.17 PORTABLE SIGNS. (A) Portable signs are prohibited in residential districts. Portable signs in all other districts are allowed with permit as specifically authorized below. (B) Portable signs used for the purpose of directing the public will be permitted subject to the following conditions: (1) The sign is coincidental to or used in conjunction with a public function; (2) The sign is used for a special business promotion or event; (3) The period of use for the sign shall not exceed 14 consecutive days; (4) No business may have more than six special promotions or events per year; and (5) Portable signs may not exceed 80 square feet. Ord. #39, adopted - - § 152.18 DISTRICT REGULATIONS. (A) Residential/Public Districts (R-1, R-2, R-2A, R-4, R-5, P-1, M-1, M-2). Permitted signs: (1) Residential identifications. Not more than two square feet per single family dwelling or six square feet in area for each multiple-family building. (2) Institutional identifications. Churches, schools, parks etc. allowed up to 48 square feet; not taller than eight feet. (3) Business signs. Home-based businesses may have a sign that is no larger than four square feet. The sign may not be an interior-illuminated sign. (4) Noncommercial opinion or message signs. On-premise noncommercial opinion or message signs are permitted as follows: In residential districts, each dwelling unit is permitted one additional sign which is no larger than six square feet and no higher than six feet tall. In medium and high density districts, the sign must be attached to the dwelling. No permit fee is required for a sign authorized under this paragraph. (5) Area Identification Signs. One area identification sign is permitted in conjunction with a development or subdivision, however the sign shall not exceed 48 square feet in area and 8 feet in height and shall only be permitted when a homeowner association or other responsible entity has been established that agrees in writing to maintain the sign and adjoining property. (B) Commercial/Main Street Commercial District (B-1 & B-2). A business may have one Pylon Sign or one Ground Sign in addition to permitted Wall Signs. Total surface area for all permitted signs shall not exceed 20% of the area of the largest street-side face of the building. Permitted signs: (1) Wall signs. Wall signs are permitted on each public street exposure or public parking exposure, provided the signage does not exceed ten percent of the wall area, and the sign does not exceed 200 square feet in area. (2) Ground signs. One ground sign per business or business complex; provided, however, the sign does not exceed 200 square feet in area and 15 feet in height, and located a minimum of fifteen feet from any property line to the nearest supporting structure of the sign. (3) Area identification signs. One area identification sign is permitted per street frontage; however, the sign does not exceed 64 square feet in area and 20 feet in height, and located a minimum of fifteen feet from any property line to the nearest supporting structure of the sign. (4) Pylon sign. One (1) pylon sign per business or business complex; provided, however, the sign does not exceed 200 square feet in area and 35 feet in height, not less than six feet from the ground to the lowest part of the sign, and located a minimum of fifteen feet from any property line to the nearest supporting structure of the sign. (5) Billboard signs. As otherwise regulated in this Chapter. (C) Industrial District (I-1). Permitted signs: (1) Wall signs. Wall signs are permitted on each public street exposure or public parking exposure provided the signage does not exceed ten percent of the wall area. (2) Ground signs. One (1) Ground sign; provided, however, the sign does not exceed 200 square feet in area 15 feet in height and located a minimum of fifteen from any property lines. (3) Area identification signs. One area identification sign is permitted per street frontage; however, the sign does not exceed 64 square feet in area and 20 feet in height, and is not placed within ten feet of any street right-of-way. (4) Billboard signs. As otherwise regulated in this Chapter. (D) Mixed-Use Districts (M-1 & M-2). Permitted signs: (1) Wall signs. Wall signs are permitted on each public street exposure or public parking exposure, provided the signage does not exceed ten percent of the wall area. (2) Canopy signs. Signs on these structures are allowed as long as the sign area does not exceed ten percent of the wall area. (3) Ground signs. One ground sign is permitted per street frontage; however, the sign does not exceed eight feet in height and 32 feet in area. Ord. #39, adopted - -, Ord. #87, amended 01/11/2006, Ord. 2d #12, amended 09/13/2006 § 152.19 COMPREHENSIVE SIGN PLAN REQUIRED. (A) (1) A comprehensive sign plan is required at the time of Planning and Zoning Commission review of any proposed new commercial or industrial development. This plan shall indicate the location, size, height, color, lighting and orientation of all proposed signs and shall be submitted for approval pursuant to the regulations of the city. (2) Building permits and inspections are necessary as required by Building and Electrical Code. Fees for required permits or hearings shall be set by approved annual resolution of the City Council. (B) Every application for a sign permit must be accompanied by a plan drawn to scale and including the following: (1) The dimensions of the sign and, where applicable, the dimensions of the wall surface of the building to which it is to be attached; (2) The maximum and minimum height of the sign; (3) The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated; (4) The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated; (5) If the sign is to be illuminated, the technical means by which this is to be accomplished and the hours of illumination; (6) Where the sign is to be attached to any existing building, a diagram or photograph of the face of the building to which the sign is to be attached; (7) The name and address of the owner of the sign and the address of the property where the sign is located; (8) Where a ground level sign is proposed with berming, a diagram showing grade level and dimensions of the berm; (9) When a multi-tenant comprehensive sign plan is submitted, the plan must include the location, size, height, color, lighting and orientation of all signs; and (10) Where a ground sign plan is submitted, the plan must include the location of the sign in relation to the lot lines and the building height, including any difference from the established grade, size, color, lighting and hours of illumination. Ord. #39, adopted - - § 152.20 ADJUSTMENTS AND APPEALS. (A) The Commission of Adjustments and Appeals will be comprised by all members of the Planning and Zoning Committee. (B) The Planning and Zoning Committee will hear and make recommendations to the City Council regarding: (1) Appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the city in the enforcement of this chapter; and (2) Petitions for variances from the literal provisions of this chapter in instances where their strict enforcement would cause hardship because of circumstances unique to the individual property under consideration. Criteria for granting a variance will be the same as the criteria for granting a variance in the cityÓs zoning chapter. Ord. #39, adopted - - § 152.21 NONCONFORMING SIGNS. (A) Legal, conforming. All signs existing as of the adoption date of this chapter conforming to the requirements of this chapter and not requiring a permit under the provisions of this chapter, may be maintained so long as the sign continues to comply with the provisions of this chapter, as it may from time to time be amended. (B) Legal, nonconforming signs. All signs existing as of the adoption date of this chapter which would be prohibited by ordinance or which would require a permit under this chapter but have not received a permit, will be deemed to be legal nonconforming signs. Legal nonconforming signs may continue to exist without a permit and without constituting a violation of this chapter until one or more of the following occurs: (1) The sign is structurally altered (except for normal maintenance) in a way that makes the sign less in compliance with this chapter than it was before the alteration; (2) The sign is relocated to a position making it less in compliance with this chapter than it was before the relocation; (3) The sign is replaced; and/or (4) Any new primary sign is erected or placed in connection with the enterprise using the legal nonconforming sign. Ord. #39, adopted - - § 152.22 ENFORCEMENT. (A) If a sign is in violation of this chapter, is in danger of falling, or is otherwise a menace to the safety of persons or property, the Building Official may give to the owner of the property on which the sign is located written notice specifying the violation, ordering the cessation of the violation and requiring either the removal of the sign or remedial work in the time and manner specified in the notice. (B) In the event of failure to comply with the notice within 30 days, the Building Official may remove the sign or cause the remedial work to be done. (C) The cost of the work performed by the city, must be paid to the city by the owner of the property on which the sign is located. (D) If payment is not made within 30 days after a statement of costs is sent to the owner, the costs may be assessed against the property by certifying the costs to the county. (E) If a sign that has been removed is not reclaimed and costs paid within 30 days after its removal, the sign may be sold or otherwise disposed of by the city. (F) If a sign is found to be an immediate danger to the public because of its unsafe condition, it may be removed without notice, and written notice of removal and reasons for the removal will be given to the owner of the property on which the sign is located as soon as possible. Ord. #39, adopted - - § 152.99 PENALTY. Violation of this chapter is a misdemeanor. CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA SUMMARY OF ORDINANCE #120, SECOND SERIES Î REVISING LANGUAGE TO CITY CODE, CHAPTER 152, SIGN REGULATIONS, TO INCLUDE MAIN STREET COMMERCIAL (B-2) NOTICE IS HEREBY GIVEN that, on December 7, 2021, the Planning & Zoning Commission held a public hearing regarding Ordinance #121, Second Series Î Amending Language to City Code, Chapter 153, Subdivision Regulation, §153.15, General Provisions, (B) Land Dedication. NOTICE IS FURTHER GIVEN that, the City Council of the City of Centerville completed two (2) readings of this item (January 12, & January 26, 2022). The City Council has directed that a title and summary be prepared for publication pursuant to Minn. Stat. 412.191, Subd 4. NOTICE IS FURTHER GIVEN that a complete, printed copy of Ordinance #120, Second Series Î Amending Language to City Code, Chapter 152, Sign Regulations is available for inspection by any person during regular office hours at the office of the City Clerk, 1880 Main Street, Centerville, MN, or will be mailed to anyone requesting it by telephone (651) 429-3232. NOTICE IS FURTHER GIVEN that the City of Centerville hereby ordains (New Language = Underlined) as follows: Section 1. 152.15 General Regulation, (N) adding: /Main Street Commercial & (B-2) 152.16 Permitted Signs with no Permit Required (B) Temporary signs, (3), (a), 2. & (b) 1. Adding: /Main Street Commercial 152.16 Permitted Signs with no Permit Required (B) Temporary signs, (G) Sandwich boards adding: (B-2) 152.18 District Regulations (B) Commercial adding: /Main Street Commercial & (B-2) Section 2. This section authorizes this summary to be published in lieu of the entire text of the ordinance. Section 3. Effective Date. This section provides that the ordinance is effective on publication of this summary. NOTICE IS FURTHER GIVEN that the City Council has by at least a 4/5 vote, approved this Public Notice. APPROVED this 16th day of January, 2022. Published in the Quad Community Press on February 1, 2022. CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: January 12, 2022 Planning & Zoning IX.3 TITLE OF ISSUE: Ord. #121, Second Series - Revising Chapter 153: Sec. 153.15, Gen. Prov., (B) Land Dedication BACKGROUND AND SUPPLEMENTAL INFORMATION: The Planning & Zoning Commission held a public hearing on December 7, 2021 regarding the revised language as submitted. The pposed language revisions are to add clarification to the appropriateness of Land Ded./Park Dedication Fees and payment. **First Reading** COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: **First Reading - No Action at This Time** For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ SuggestedCodeAmendmentΑChapter153:SubdivisionRegulations;Section153.15General {ƷğƷĻ{ƷğƷǒƷĻΛЍЏЋ͵ЌЎБΜʹ Subd. 2b.Dedication. (a) The regulations may require that a reasonable portion of the buildable land, as defined by municipal ordinance, of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements, parks, recreational facilities as defined in section 471.191, playgrounds, trails, wetlands, or open space. The requirement must be imposed by ordinance or under the procedures established in section 462.353, subdivision 4a. (b) If a municipality adopts the ordinance or proceeds under section 462.353, subdivision 4a, as required by paragraph (a), the municipality must adopt a capital improvement budget and have a parks and open space plan or have a parks, trails, and open space component in its comprehensive plan subject to the terms and conditions in this paragraph and paragraphs (c) to (i). (c) The municipality may choose to accept a cash fee as set by ordinance from the applicant for some or all of the new lots created in the subdivision, based on the average fair market value of the unplatted land for which park fees have not already been paid that is, no later than at the time of final approval or under the city's adopted comprehensive plan, to be served by municipal sanitary sewer and water service or community septic and private well as authorized by state law. For purposes of redevelopment on developed land, the municipality may choose to accept a cash fee based on fair market value of the land no later than the time of final approval. "Fair market value" means the value of the land as determined by the municipality annually based on tax valuation or other relevant data. If the municipality's calculation of valuation is objected to by the applicant, then the value shall be as negotiated between the municipality and the applicant, or based on the market value as determined by the municipality based on an independent appraisal of land in a same or similar land use category. (d) In establishing the portion to be dedicated or preserved or the cash fee, the regulations shall give due consideration to the open space, recreational, or common areas and facilities open to the public that the applicant proposes to reserve for the subdivision. (e) The municipality must reasonably determine that it will need to acquire that portion of land for the purposes stated in this subdivision as a result of approval of the subdivision. (f) Cash payments received must be placed by the municipality in a special fund to be used only for the purposes for which the money was obtained. (g) Cash payments received must be used only for the acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open space based on the approved park systems plan. Cash payments must not be used for ongoing operation or maintenance of parks, recreational facilities, playgrounds, trails, wetlands, or open space. (h)The municipality must not deny the approval of a subdivision based solely on an inadequate supply of parks, open spaces, trails, or recreational facilities within the municipality. (i)Previously subdivided property from which a park dedication has been received, being resubdivided with the same number of lots, is exempt from park dedication requirements. If, as a result of resubdividing the property, the number of lots is increased, then the park dedication or per-lot cash fee must apply only to the net increase of lots. CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA ORDINANCE #121, SECOND SERIES Î REVISING CITY CODE, CHAPTER 153, SUBDIVISION REGULATIONS, DESIGN STANDARDS, §153.15, GENERAL PROVISIONS, (B) LAND DEDICATION DESIGN STANDARDS § 153.15 GENERAL (B) Land dedication. In all new subdivisions, ten percent of the gross area subdivided shall be dedicated for public recreation space, with this ten percent being in addition to property dedicated for streets, alleys, easements or other public ways. No areas may be dedicated for public use until the areas have been approved as being suitable and needed for the public health, safety, convenience and/or general welfare. When the subdivision is too small for practical dedication of public land or if no land in the subdivision is suitable for that use If the city decides that no land dedication is needed, or less than 10% of the land is needed for dedication, the subdivider shall be required to pay a Park Dedication fee as per the schedule in effect at the time of Preliminary Plat approval in lieu of such dedication. The payment of the fee shall be due in conjunction with the recording of the plat. By agreement, the city may allow the subdivider to delay payment of Park Dedication Fees to the time of the building permit issuance on each lot. However, the agreement must hold the subdivider ultimately responsible for the payment of those fees if not paid by the builder. An escrow or other security may be required to secure those funds.per lot created or ten percent of the subdivision land value, whichever is greater, prior to subdivision; the value (market) of the land shall be determined by negotiation between city and developer. Lots created in any manner that is larger than five acres or 300 feet in width shall not be subject to dedication of land for public use. A fee according to the current schedule will be charged on every building permit issued pertaining to new housing units for parks and playgrounds. For multi-family projects, each unit will be construed to be the equivalent of a ÐlotÑ. For group-living situations such as group homes, nursing homes and the like, each bed will be construed to be the equivalent of ½ lot. Fore redevelopment of parcels which have previously dedicated land or paid a Park Dedication Fee, the existing number of lots or units shall be subtracted from the number of new lots or units in the proposed redevelopment to calculate the fees owed. CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA SUMMARY OF ORDINANCE #121, SECOND SERIES Î AMENDED LANGUAGE TO CITY CODE, CHAPTER 153, SUBDIVISION REGULATIONS, §153.15, GENERAL PROVISIONS, (B) LAND DEDICATION NOTICE IS HEREBY GIVEN that, on December 7, 2021, the Planning & Zoning Commission held a public hearing regarding Ordinance #121, Second Series Î Amending Language to City Code, Chapter 153, Subdivision Regulation, §153.15, General Provisions, (B) Land Dedication. NOTICE IS FURTHER GIVEN that, the City Council of the City of Centerville completed two (2) readings of this item (January 12, & January 26, 2022). The City Council has directed that a title and summary be prepared for publication pursuant to Minn. Stat. 412.191, Subd 4. NOTICE IS FURTHER GIVEN that a complete, printed copy of Ordinance #121, Second Series Î Amending Language to City Code, Chapter 153, Subdivision Regulations, §153.15, General Provisions, (B) Land Dedication and the entire Chapter 153 is available for inspection by any person during regular office hours at the office of the City Clerk, 1880 Main Street, Centerville, MN, or will be mailed to anyone requesting it by telephone (651) 429-3232. NOTICE IS FURTHER GIVEN that the City of Centerville hereby ordains (To Be Removed Language = Strike Through and New Language = Underlined) and the above stated section will read as follows: Section 1. 153.15 GENERAL PROVISIONS (B) Land dedication. In all new subdivisions, ten percent of the gross area subdivided shall be dedicated for public recreation space, with this ten percent being in addition to property dedicated for streets, alleys, easements or other public ways. No areas may be dedicated for public use until the areas have been approved as being suitable and needed for the public health, safety, convenience and/or general welfare. When the subdivision is too small for practical dedication of public land or if no land in the subdivision is suitable for that use If the city decides that no land dedication is needed, or less than 10% of the land is needed for dedication, the subdivider shall be required to pay a Park Dedication fee as per the schedule in effect at the time of Preliminary Plat approval in lieu of such dedication. The payment of the fee shall be due in conjunction with the recording of the plat. By agreement, the city may allow the subdivider to delay payment of Park Dedication Fees to the time of the building permit issuance on each lot. However, the agreement must hold the subdivider ultimately responsible for the payment of those fees if not paid by the builder. An escrow or other security may be required to secure those funds.per lot created or ten percent of the subdivision land value, whichever is greater, prior to subdivision; the value (market) of the land shall be determined by negotiation between city and developer. Lots created in any manner that is larger than five acres or 300 feet in width shall not be subject to dedication of land for public use. A fee according to the current schedule will be charged on every building permit issued pertaining to new housing units for parks and playgrounds. For multi-family projects, each unit will be construed to be the equivalent of a ÐlotÑ. For group-living situations such as group homes, nursing homes and the like, each bed will be construed to be the equivalent of ½ lot. Fore redevelopment of parcels which have previously dedicated land or paid a Park Dedication Fee, the existing number of lots or units shall be subtracted from the number of new lots or units in the proposed redevelopment to calculate the fees owed. Section 2. This section authorizes this summary of only that part of Ordinance #153 as stated above to be published in lieu of the entire text of the ordinance. Section 3. Effective Date. This section provides that the ordinance is effective on publication of this summary. NOTICE IS FURTHER GIVEN that the City Council has by at least a 4/5 vote, approved this Public Notice. APPROVED this th day of January, 2022. Published in the Quad Community Press on February 1, 2022. CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: January 12, 2022 Public Works IX.4 TITLE OF ISSUE: Snow Plowing Policy BACKGROUND AND SUPPLEMENTAL INFORMATION: After a recent snow event, members of the city council and public had questions about the city's snow plowing operations. Attached is the city's adopted snow plowing policy for discussion. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: If council wished to amend its standing policy, it would be appropriate to have a motion to amend the Snow Plowing Policy with the following language:_____________________________. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Snow Plowing Policy Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITYOFCENTERVILLE S NOWPLOWING P OLICY 02/08/2017 1. Introduction The city of Centerville believes it is in the best interest of the residents for the city to assume basic responsibility for control of snow and ice on city streets. Reasonable ice and snow control is necessary for routine travel and emergency services. The city will provide such control in a safe and cost effective manner, keeping in mind safety, budget, personnel, and environmental concerns. The city will use city employees, equipment, and/or private contractors to provide this service. Road conditions are monitored by the Public Works Department in conjunction with the Centennial Lakes Police Department and the weather service. GOALS A. Provide access to emergency vehicles during weather events B. Maintain streets in safe driving condition. C. Provide reasonable and timely access for residents leaving for and returning from work. D. Perform snow and ice control in an efficient and cost effective manner. E. To have streets plowed to full width within 8 hours after snow has quit falling during a typical snowfall event. 2. When will city start snow or ice control operations? The Public Works Director will decide when to begin snow or ice control operations. The criteria for that decision are: A. Snow accumulation of 1.5 inches or more; B. Drifting of snow that causes problems for travel; C. Icy conditions which seriously affect travel; and D. Time of snowfall in relationship to heavy use of streets. Any weather condition(s) which impact public safety. E. Plowing will generally begin such that collector streets are plowed by 6:00 a.m. following a snow fall event. Plowing neighborhood streets will follow the collector streets. Snow and ice control operations are expensive and involve the use of limited personnel and equipment. Consequently snowplowing operations will not generally be conducted for snowfall of less than 1.5 inches. 3. How snow will be plowed Snow will be plowed in a manner so as to minimize any traffic obstructions. The center of the roadway will be plowed first. The snow shall then be pushed from left to right. The S:\\Administration\\Policies\\Snowplowing Policy 2017v1.doc 1 discharge shall go onto the boulevard area of the street. When a plow goes on a bridge, the driver shall slow down so snow does not go over the bridge, if possible. In times of extreme snowfall, streets will not always immediately be able to be completely cleared of snow. 4. Snow Hauling The Public Works Director will determine when snow will be removed from the area by truck. Such snow removal will occur in areas where there is no room on the boulevard for snow storage and in areas where accumulated piles of snow create a hazardous condition. Snow removal operations will not commence until other snowplowing operations have been completed. Snow removal operations may also be delayed depending on weather conditions, personnel, and budget availability. The snow will be removed and hauled to a snow storage area. The snow storage area will be located so as to minimize environmental problems. 5. Priorities and schedule for which streets will be plowed The city has classified city streets based on the street function, traffic volume, and importance to the welfare of the community. Those streets classified as ÐSnow Plow Collector RoutesÑ will be plowed first. These are high volume routes, which connect major sections of the city and provide access for emergency fire, police, and medical services. Snow Plow Collector Routes will be monitored and may be replowed as necessary. The second priority will be drives and parking areas for the Fire Station and those streets providing access to schools and commercial businesses. The third priority streets are low volume residential streets. The fourth priority areas are alleys, cul-de-sacs and city parking lots. 6. Work schedule for snowplow operators Snowplow operators will be expected to work eight-hour shifts. When conditions and service requirements to the public warrant, the Public Works Director may start shifts at a different time than normal and may conclude work after eight hours. In severe snow emergencies, operators sometimes have to work in excess of eight-hour shifts. However, because of budget and safety concerns, no operator shall work more than a twelve-hour shift in any twenty-four hour period. Operators will take a fifteen-minute break every two hours with a half-hour meal break after four hours. After a twelve-hour day, the operators will be replaced if additional qualified personnel are available. All work schedules shall be subject to the collective bargaining agreement then in effect. 7. Weather conditions Snow and ice control operations will be conducted only when weather conditions do not endanger the safety of city employees and equipment. Factors that may delay snow and ice control operations include: severe cold, significant winds, and limited visibility. S:\\Administration\\Policies\\Snowplowing Policy 2017v1.doc 2 8. Use of sand, salt, and other chemicals The City has determined that sand as a means of controlling icy road conditions is more expensive than use of salt (sodium chloride) alone and that except in extremely cold conditions, use of salt alone is more effective in establishing safe streets. Sand remaining on the road is very costly to pick up and dispose of and while on the road may actually impede traction and increase stopping distances. Sand can clog storm sewers, ditches and ponds. As such, salt is the preferred material to control icing of roads, and sand will generally not be used. Streets may be pretreated with salt-brine before a weather event. The City recognizes that winter deicing materials, especially chlorides, can have a detrimental effect on the environment due to the possibility of them remaining in ponds and lakes increasing concentration over time. As such, the City determines that the use of these materials should be managed carefully in order to use just enough material to provide safe streets. It should not be expected that the city will have bare pavements, but rather the goal will be to have bare pavements approaching intersections and in school zones. Material should be placed on the crown of road on residential streets, allowing traffic to carry it to curbside. Ice control materials applied along major roads may be placed for total lane width coverage. Materials should not be applied during plowing operations until the final pass except for intersections, stop signs, major roads, and school zones. In residential areas, materials should be applied approximately one hundred (100) feet before each intersection with a stop sign, depending upon the conditions present at each particular location. Distances on major roads may double, depending on posted speeds, number of lanes and other circumstances. 9. Sidewalks and TrailsSidewalks and Trails Sidewalk and trail snow remSidewalk and trail snow removal will be completed durioval will be completed during non-overtime hours whenever ng non-overtime hours whenever possible. The criteria for implementing sidewalkpossible. The criteria for implementing sidewalk and trail snow removal operations are as follows: Snow accumulation of three inches or more Drifting of snow that causes problems for pedestrian travel Additional snowfall of three inches or more is not expected within 48 hours of normal commencement Level of Service City owned sidewalks and trails shall be clCity owned sidewalks and trails shall be clCity owned sidewalks and trails shall be cleared of snow to a width of 60", one time eared of snow to a width of 60", one time eared of snow to a width of 60", one time following a snow event of three inches or mofollowing a snow event of three inches or mofollowing a snow event of three inches or more. Traction control materials, such as sand, re. Traction control materials, such as sand, re. Traction control materials, such as sand, salt and de-icing agents will not be applied to sisalt and de-icing agents will not be applied to sidewalk or trail surfaces. It is expected that dewalk or trail surfaces. It is expected that S:\\Administration\\Policies\\Snowplowing Policy 2017v1.doc 3 City-owned sidewalks and trails may have feCity-owned sidewalks and trails may have feCity-owned sidewalks and trails may have few, if any, bare pavement spots. The snow w, if any, bare pavement spots. The snow w, if any, bare pavement spots. The snow removed shall be discharged alongside sideremoved shall be discharged alongside sideremoved shall be discharged alongside sidewalks and trails in boulevard areas where walks and trails in boulevard areas where appropriate. appropriate. Sidewalks abutting private property are the primary responsibility of the abutting property owner who shall keep them clear of snow and ice in accordance with City Code. City staff may assist in clearing these sidewalks for heavy snow events, if staff time permits. Adopted by the Council this _____ day of ___________________, 20_____. S:\\Administration\\Policies\\Snowplowing Policy 2017v1.doc 4 JANUARY2022JULY2022 2022 SMTWTFSSMTWTFS 112 35678356789 244 910111213141510111213141516 1617181920212217181920212223 2324252627282924252627282930 303131 FEBRUARY2022AUGUST2022 D.LOVE..........................................................MAYOR SMTWTFSSMTWTFS COUNCIL MEMBER RUSS KOSKI................................ 55 123412346 COUNCIL MEMBER MICHELLE LAKSO....................... 6789107891013 11121112 COUNCIL MEMBER STEVE KING................................ COUNCIL MEMBER DARRIN MOSHER....................... 1314151617181914161517181920 2021222324252621222324252627 MARK STATZ............CITY ADMINISTRATOR / ENG. TERESA BENDER...................................CITY CLERK 2828293031 27 BRUCE DEJONG.....................FINANCE DIRECTOR KRIS SWEENEY.....................SR. ACCOUNT CLERK PAUL PALZER..........................PUBLIC WORKS DIR. MARCH2022SEPTEMBER2022 DAN SCHMITZ.......................BUILDING INSPECTOR SMTWTFSSMTWTFS TEDD PETERSON............................PUBLIC WORKS 353 12412 JAMES HUISENGA...........................PUBLIC WORKS 678910111245678910 SPECIAL EVENTS 1314151617181911121314151617 JAN. 14 ..........ICE SKATING PARTY - LAMOTTE PARK 2021222324252618192021222324 FEB. 12 ...........ICE SKATING PARTY - LAMOTTE PARK APRIL 22.......................................................EARTH DAY 282930312526282930 2727 JUNE 14, 21 & 28...........................MUSIC IN THE PARK JUNE 10 & 11.................................GARAGE SALE DAYS JUNE 18..........8am-12 noon CITY WIDE CLEANUP DAY APRIL2022OCTOBER2022 JULY 5, 12, 19, & 26........................MUSIC IN THE PARK SMTWTFSSMTWTFS JULY 7, 14, 21, & 28............................MAIN ST. MARKET 121 JULY 12-17..............................................FETE DES LACS 34567892345678 AUG. 2....................................................NIGHT TO UNITE AUG 4,11.............................................MAIN ST. MARKET 101112131415169101112131415 AUG 9..................................STATE PRIMARY ELECTION AUG16..........................................MUSIC IN THEPARK 1819202316181920 172122172122 NOV 8.................................STATE GENERAL ELECTION 2425262728293023242526272829 TBD..................................................MOVIE IN THE PARK 3031 CITY COUNCIL MEETING MAY2022NOVEMBER2022 PARKS AND REC. COMMITTEE SMTWTFSSMTWTFS PLAN. AND ZONING COMMISSION 123456712345 NORTH METRO TELECOM COMMISSION 8910111213146789101112 6:00 PM - 1301 81st AVE. NE, SLP 1516171819202113141516171819 ECONOMIC DEVELOPMENT AUTHORITY 2325262820232526 222427212224 FETE DES LACS 29303127282930 PLANNING COMMITTEE - 5:00pm FIRE STEERING - 6:00 200 CIVIC HGTS CIRCLE, CIRCLE PINES JUNE2022DECEMBER2022 ANOKA CNTY FIRE PROTECTION COUNCIL SMTWTFSSMTWTFS 7:00pm - LOCATION VARIES 1234123 P.D. GOVERNING BOARD - 7:00 54 NORTH RD., CIRCLE PINES 55 678910114678910 HOLIDAY-CITY HALL CLOSED 13151618131516 12141711121417 SPECIAL EVENTS 1920212223242518192021222324 NOTE: All meetings begin at 6:30 PM unless otherwise noted. 262728293025262728293031 In-person meetings will be held at City. All meetings are Live Streamed: www.northmetrotv.com/centerville-stream/ I:\\616\\616GEN\\cad\\dwg\\616COLORCAL-2022