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Home My WebLink About2022-03-23 WS & CC Packet CITY OF CENTERVILLE CITY COUNCIL WORK SESSION & COUNCIL MEETING AGENDA Wednesday, March 23, 2022 5:00/6:30 p.m. Meeting will be held in-person Meeting Live Streamed at: https://northmetrotv.com/centerville-stream/ WORK SESSION (5:00 PM) I. CALL TO ORDER 1. Roll Call II. ITEMS OF DISCUSSION 1. 2022 Draft Strategic Plan 2. Capital Projects Funding Plan III. ADJOURNMENT COUNCIL MEETING (6:30 PM) I. CALL TO ORDER 1. Roll Call II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. APPOINTMENTS/PRESENTATIONS 1. None V. PUBLIC HEARING 1.None VI. APPROVAL OF MINUTES 1.February 23, 2022 City Council Work Session and Meeting Minutes VII. CONSENT AGENDA 1.City of Centerville Claims through March 23, 2022 (Check #34960-34983), & (1858E-1862E) 2. Centennial Lake Police Department Claims through March 17, 2022 (Check #14240-14258), (E2022020-2022022) & Payroll (Check #14238-14239) 3. Centennial Fire District Claims through March 22, 2022 (Check #9272-9276), (E2022004) & Payroll (Check #9269-9271) 4. Resolution Approving a Donation to Anoka County Historical Society 5. Voluntary Cost Share Agreement for 2022 LiDAR 6. Res. #22-0XX Supporting Housing and Local Decision Making VIII. OLD BUSINESS 1. CivicPlus Contract Revision IX. NEW BUSINESS 1. Non-Disclosure Agreement Î Project Banjo 2. 2022-2024 EDA Strategic Plan 3. EDA Letter to Downtown Residents 4. Resolution #22-0XX Supporting Policies Related to Public Safety Mental Health X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. Administrator/Engineer Report 2. Council Reports a.Lakso Parks & Recreation Anoka County Fire Protection Council b. Koski Planning & Zoning Commission Fire Steering Committee c. King Economic Development Authority Fire Steering Committee d. Mosher Economic Development Authority Police Governing Board e. Love North Metro Telecommunications Commission Police Governing Board Other Mayoral Reports XI. ADJOURNMENT INFORMATIONAL MATERIAL Republic Services Î New Recycling Capabilities REMINDERS All meetings begin at 6:30 PM unless otherwise noted Planning and Zoning Commission Î Tuesday, April 5, 2022 Fete des Lacs Committee Î Wednesday, April 6, 2022 (5:00 PM) Parks and Recreation Committee Î Wednesday, April 6, 2022 City Council Î Wednesday, April 13, 2022 EDA Î Wednesday, April 16, 2022 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: March 23, 2022 Administration WS 1 TITLE OF ISSUE: Strategic Plan Draft BACKGROUND AND SUPPLEMENTAL INFORMATION: Please see the attached draft Strategic Plan as compiled from the Council's retreat, earlier this month. Council should review this to make sure all of their thoughts were captured and provide feedback to staff on changes to the plan and next steps. COST AND SOURCE(S) OF FUNDING: No cost. REQUESTED COUNCIL ACTION: Discussion only. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Draft Strategic Plan Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ -ÌĀēåÅ-¸ßĀ¸õĐÌÙÙ¸Eʕʕˀʕʖ STRATEGIC PLAN STRATEGICGOALIECONOMICDEVELOPMENT Developstrategies,programs,initiatives,andactivitiestoimprovetheeconomicwellbeingoftheCityof Centerville,businessrelationshipsandthequalityoflifeforCentervilleresidents. Priority1ΑDevelopalongtermvisiontowardsdevelopmentandredevelopment. 1. Workwithconsultantstoputtogetheraprojection(visualandwritten)offuturediversehousingdevelopment optionsatvariouscitypopulationlevelsbasedondensity;includeinanalysis: Prosandconsofpopulationreaching5,000forbusinesses,cityfinances,andinfrastructure(Public Works,PublicSafety,LegalServices,Engineering,watertower,wellandseweretc.)andincludecity staffingneededforexpandedservices. Developatrafficassessmentfornewhousingandbusinessdevelopment. ShareresearchwithCityCouncil Shareresearchwithcitizensandaskforfeedback. 2. DevelopamatrixofCentervillepropertythatisavailablefordevelopmentandredevelopmentforthepurpose ofgainingCityCouncildirectiononnegotiationparametersforeachproperty. CompletethesaleanddevelopmentofthelandownedbytheCityofCentervilleat1737MainStreet. CompleteredevelopmentofvacantlandownedbytheCityofCenterville(Block7)byclosingonthesale andcompletingtownhomedevelopmentproject. 3. Identifyanddevelopkeyeconomicdatapointsforthecity,analyzetrends,andprovideCityCouncilwithabi monthlyupdate(expenses,fundbalances,cityperformancemeasures,etc.). 4. ExploredevelopmentofanEDAͻhƦƦƚƩƷǒƓźƷǤCǒƓķͼanddefineparametersforfundusage. 5. RecalibratePavementManagementPlan,updatemaintenanceprojects,andprovideannualupdatetoCity Council. Priority2ΑDevelopinitiativestorecruit,retainandstrengthenbusinesspartnerrelationships. 1. Developbusinessrecruitmentplans. Proactivelyidentifybusinessesneededintown(pharmacy,grocery,library,clinic,hotel,etc.)andmarket availablelandtothesebusinesses. Promotenearbybusinesses(likeRunningAces),todrawnewbusinessestoCenterville. 2. Developbusinessretentionplans. Conductpersontopersonbusinessretentionvisitsusingastructuredprocessthatincludesaregular, rotatingscheduletoensureallbusinessesareincluded.(Goal=20visitsperyear) Developastandardbusinessfeedbackformforpersontopersonbusinessretentionvisitsandto distributetobusinessownerswhoappearatCityCouncilmeetings. Conductexitinterviewswhenbusinessesleavetowntodocumentwhytheyareleaving. Page 1 of 4 InvestlocallyinCentervillebusinessesbypurchasinggoodsandservicesfromthem(meals,catering,gas, landscaping,flowers,etc.)andencourageCentervillecitizenstodothesame. Conductmarketresearchtodeterminestandardsthatsupportbusinessretentionandshareinformation withCityCouncil. Surveybusinessesaftertheyhavecompleteddevelopmentprojectstoassesswhattheirexperiencewas throughthedevelopmentprocessandsharefeedbackwithCityCouncil. 3. Developbusinessengagementinitiativesandplans. HostanAnnualBusinessAppreciationEvent. Publiclyrecognizebusinesseswhentheygivedonationstosupportcityeventsand causes. Priority3ΑIncreasetransparencyandeducationincitycommunicationsthroughwebsiteredesign, leveragingsocialmedia,addingemailaddressestocityemaillist,andpublicationofnewsletterstoprovide informationandresourcestocommunitymembers. 1.ProvideinformationtoCityofCentervillecitizensontopicssuchas: DigitalMainStreettohighlightbusinessesinCenterville CityCouncilseatsupforelection Communitysuggestionform(onwebsite)toencouragecommunitymemberfeedback Educationonrecycling,pondingmaintenance,ordinances,zoning,etc. Lightsoutnotifications Tipsfromthefiredepartmenttokeephomeandbusinessessafe Publichearingnotices Picturesandarialvideosaboutvacantlandfordevelopment,etc. Priority4ΑDevelopgrantstrategiestoutilizeforfuturecityexpensesandprojects. STRATEGICGOALIIORGANIZATIONALRESILIENCE Promotesustainabledevelopment,wellbeingandinclusivegrowthintheCityofCentervillewhile preparingforfutureeconomic,environmental,andsocialchange. Priority1ΑAdvanceworkforceplanninganddevelopment. 1. ProvidecitystaffmemberswitheducationanddevelopmenttoincludecoursessuchascustomerserviceΛͻCğĭĻ ofCentervilletothe/ƚƒƒǒƓźƷǤͼΜͳconflictresolution/deescalation;StrengthFinders;diversity,equityand inclusion;changemanagement,etc. 2. Providecitystaffmemberswithcrosstrainingtoprepareforfutureretirementsanddevelopstandardoperating proceduresandQuickReferenceGuides(QRGs)forcityprocessesandprocedurestobeusedwhenonboarding newstaffmembers. 3. Evaluatecityorganizationalstructure,compensation/benefitpackage,employeehealthandwellbeingservices (PTSD,mentalhealth,etc.)andsuccessionplans,andprovideCityCouncilwithbiennialupdateonworkforce planninganddevelopmentresults. 4. EvaluatenewJr.CouncilMemberpositiontodetermineifpositionshouldbecontinuedinFY2223. Page 2 of 4 Priority2ΑDevelopcitycommitteememberrecruitmentandretentionstrategiesandworkwithcommittee memberstoproposeFY2223workplansforCityCouncilreview,feedback,andapproval. 1. DevelopaCentervilleCitycommitteerecruitmentandretentionstrategytoretainexistingcommitteemembers andrecruitnewcommitteemembers,toincludeinformationaboutcommitteevacanciesoncitywebsite, informationaboutresponsibilitiesofcommitteemembers,makingpersonalconnectionswithcommunity memberstoencouragevolunteerengagement,andhostingvolunteerrecruitmentandappreciationevents. 2. FeaturearticlesinthelocalnewspapersaboutCityofCentervillecommitteevolunteers. 3. WorkwithcommitteestodevelopproposedFY2223workplansthatareinalignmentwiththeFY2223Cityof CentervilleStrategicPlanandpresenttoCityCouncilforreview,feedbackandapproval. ParkandRecreationΑPuttogetherproposedrecommendationsforparkplanupdate(maintenance versusnewideas),developmentoftypesofparks(communitygardens,playgrounds,etc.),purchaseof playgroundequipment,etc. PlanningandZoningΑPuttogetherproposedrecommendationsforimprovedenforcementofcodes, commercialpropertyupkeep,sprucinguppublicspaces,etc. EconomicDevelopmentAuthorityΑPuttogetherproposedrecommendationsforinitiativessuchas ͻĬǒƭźƓĻƭƭwelcomeƦğĭƉĻƷƭͼtohandouttonewbusinessesintown,swagbagsthatadvertisegoodsand servicesforlocalbusinesses,plannedretentionvisitsbyamemberofCityCouncilandEDAandfeature articlesforthelocalnewspaper. Priority3ΑReviewandupdatetheContinuityofOperationsPlan. 1. ReviewandupdatetheContinuityofOperationsPlanandpresentanoverviewtoCityCouncilonabiennialbasis toincludetests,training/exercises,evaluations,correctiveactionplansandguidelinesthatdetailthreepeople readytoassumekeyresponsibilitiesintheeventofanemergencyordisaster. 2. Developͻ9ƌĻĭƷĻķhŅŅźĭźğƌ͸ƭIğƓķĬƚƚƉͼtodefinewhatCity/ƚǒƓĭźƌ͸ƭroleisintheContinuityofOperationsPlan. 3. Developallyshipwithcommunitychurches,businesses,andorganizationstohelpprovideservicesand assistanceduringnaturaldisastersandemergencies. STRATEGICGOALIIIΑCOMMUNITYBUILDING Buildandsupportmeaningfulcommunityconnections,services,andsupportforcommunitymembersinthe CityofCenterville. Priority1ΑGainalignmentwithCityCouncilonproposaltoredesigncitylogoorkeepcurrentlogoin preparationfordevelopmentofnewcitywebsiteandformalizedbrandingplan. 1. ObtainfeedbackfromCityCouncilandcommunitymembersonlogoredesignoptionstakingintoconsideration /ĻƓƷĻƩǝźƌƌĻ͸ƭrichhistory. 2. Buildbrandguidelines(fontstyle,colorspalette,sizedimensions,graphics,etc.). 3. Createtemplatesusingbranddesign(letterhead,policies,newsletters,forms,agendas,minutes,reports, PowerPointpresentations,etc.). Page 3 of 4 Priority2ΑRebrandandredefineCityofCentervillethroughinitiativesandprojectsthatalignwiththe currentandfuturedirectionofthecityforcitizensandvisitorsandcommunicatenewinitiativesonsocial media,inlocalnewspapers,andatcityevents. 1. FocusrebrandingeffortsoneventssuchasFetedesLacs,MusicinthePark,MainStreetMarket,carshow,and skishow. 2. Exploreidentifyingandinstallingcommunityartworktorepresentcityhistoryandvalues. 3. AcknowledgeVeteransthroughrecognitioninitiativessuchasthedevelopmentofaĻƷĻƩğƓ͸ƭfloatforFetedes Lacs,ProclamationofAcknowledgementatFetedesLacs,andmemorialstatuteinfrontofCityHall. 4. BuildlibraryboxesatCityHall. 5. ExploreinstitutinganAnnualTownHallmeetingandͻ{ƷğƷĻoftheCityof/ĻƓƷĻƩǝźƌƌĻͼaddressbycityleaders. Priority3StrengthenandbuildrelationshipsamongstCitystaffandwithpartneragencies. 1. InvitecitystaffmembersandpartneragenciestogiveinformationalupdatestoCityCouncilonaquarterlybasis. Police Fire PublicWorks CityClerk RiceCreekWatershed,etc. Priority4ΑDevelopͻ/ĻƓƷĻƩǝźƌƌĻ/ğƩĻƭͼinitiativeandpublicizeonwebsiteandlocalnewspaper. 1. Outlineprogramandbenefitsavailabletocommunitymemberswhomayneedthemandcommunicatethrough socialmediaandthenewcitywebsite(rentalassistance,Memorycare,foodshelves,violenceprevention,etc.). Page 4 of 4 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: March 23, 2022 Administration/Engineering WS 2 TITLE OF ISSUE: Capital Projects Funding Plan BACKGROUND AND SUPPLEMENTAL INFORMATION: The City's American Rescue Plan Act (ARPA) distribution will offset approx. $430k in general fund expenditures. At the last council meeting, improvements to the City Hall Campus were discussed. The project scope consisted of: City Hall/Fire Station Renovations (Phase III - $225k) and City Hall Parking Lot, Lighting & Landscaping ($250k). Council directed staff to move forward with soliciting proposals from consultants for design and bid of the parking lot, lighting & landscaping improvements. The Phase III City Hall/Fire Station Renovations was put on hold for the time being to consider other projects as well, weighing city-wide priorities. Attached is a list of capital projects, across all city departments, which are currently unfunded, in whole or part, meaning a revenue source for them has yet to be identified. Council should review these projects and prioritize them for possible funding through excess fund balance made available due to the influx of ARPA funds. COST AND SOURCE(S) OF FUNDING: TBD - Attached summary shows fund availability REQUESTED COUNCIL ACTION: Discussion only. Provide direction to staff on project priorities. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ List of Projects Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ g g $ needs help room bldg. forward needs for Site landscapin may this landscapin w/warming investments Plan Support plan Storm monument purchasepurchase move Works grants Notes or to including term Farber includes thisthis consider propertyWorker software capabilities ofof Public CRFneeds room/conferenceea; Sewer staff NMTV facility;long CRF key needs to in in CRFCRF Damon initiative needs; for current from break PoliceFire place graphic tower/entranceWater, monument, to to in 2006directed @$7,000 fundedconsider relieverelieve storage side water parks Park8Could TOTAL $5,000Requested $225,000Hallway$400,000poured EDA Fund Dedication Park $200,000 CIPStreet Fund Replacement $65,000Could Capital List Funds Project Enterprise Capital Portion Unfunded lot$20,000$20,000Improvements Software$55,000$55,000Upgrade parking III$225,000 Improvements$100,000Undfined Payroll of Program$10,000$10,000UndefinedEssential Park$80,000$80,000Placemaking Study$37,000$3,000$40,000Update Reimbursement$5,000 Phase Upgrade$5,000$5,000Enhanced back Exp Subtotal$356,000$0$90,000$0$200,000$0$560,000 Billing, Signs$56,000 Support the Upgrades$30,000$50,000$80,000Should Recon/Lighting/Landscaping$70,000$180,000$250,000Council Hall)$70,000$12,000$82,000Underfunded Subtotal$447,000$0$42,000$180,000$0$0$419,000 Board to Stormwater Attachment$8,000 Station Subtotal$28,000$100,000$65,000$0$0$0$20,000 Subtotal$50,000$0$0$0$0$0$50,000 Fund$100,000$100,000Placeholder Contingencies$25,000$25,000Undefined Utility Lot Cornerstone (City Contingencies$15,000$15,000Undefined House in Monument(s)$50,000$50,000East Worker Recreation Addition$30,000 Gravel Reader Sewer, Coronavirus Recreation Dept. SafetyWorks Park$160,000$40,000Blower Monument & 5 Total$1,073,000$100,000$197,000$180,000$200,000$3,000$1,494,000 SafetyWorks Cat & ParkingHall/Fire Dept. Subtotal$137,000$0$0$0$0$3,000$140,000 Piece Downtown/WaterfrontOpportunityAccounting,CityCityWebsite$2,000$25,000$27,000MostlyRebranding$25,000$25,000NoEntranceNMTVGeneratorDigitalSkateWarmingGarageParksArtPoliceFireEssentialToolSnowClass EDAAdministrationParksPublic Water,Public DepartmentEDAFinanceAdministrationParksPublicPublicGrand CITY OF CENTERVILLE CITY COUNCIL WORK SESSION & COUNCIL MEETING February 23, 2022 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled City Council Work Session & Council Meeting on February 23, 2022 via Zoom. The meeting was also live streamed by North Metro TV. COUNCIL WORK SESSION I. CALL TO ORDER Mayor D. Love called the special meeting to order at 5:01 p.m. ROLL CALL* Not Approved PRESENT: Mayor D. Love Council Member Russ Koski Council Member Darrin Mosher Council Member Steve King Council Member Michelle Lakso Junior Council Member Danny Peterson ABSENT: None. STAFF: City Administrator Mark Statz Assistant City Administrator Athanasia Lewis *Note that ÐpresentÑ is construed to mean that the noted individuals were visibly and audibly present on the videoconference call. II. ITEMS OF DISCUSSION 1. Commissioner Reinert, Anoka County Commission, District 6 Administrator Statz introduced Commissioner Reinert and stated that the purpose of his visit was to provide the City of Centerville and itÓs Council with an annual review of the projects proposed/completed on behalf of the Anoka County Board. Commissioner Reinart introduced himself to the Council and stated that he had attended the Centerville Lions annual fishing contest. He stated that it is a great event and coordinated well. He gave a brief background of his years of service on the Lino Lakes City Council. He discussed the County levy, delivery of human services, zero budget increases for the last two (2) years, levy decrease, attempting to find efficiencies in staffing and expenditures during COVID, operating more efficiently and effectively, construction of a new 540 cell jail, 911 Center improvements, parking ramp improvements, Chomonix Golf Course being profitable, trail system improvements, representing the District to obtain funding and working with Representatives on collaborative projects. He stated that he serves on numerous boards (i.e., Railroad Authority, Housing & City of Centerville WS & Council Meeting Minutes February 23, 2022 Redevelopment Authority, Association of MN Counties, Airport Committee, Anoka County Extension Committee, Children and Family Council Governing Board, Community Corrections Advisory Board, Human Services Committee, Information Technology Committee, Library Board Liaison, Management Committee, Parks Committee, Transportation Committee, along with other Special Topic Committees. He gave a brief review of projects, stating: 35E bridge at County Road J, exit and entrance ramps on County Road J several years ago, construction of a round-about near Tria, improvements to Centerville Road, resurfacing of Lake Drive, Highway 10 improvements, Highway 65 thth improvements (97 to 177), broadband project and reduction of the speed limit on Lake Drive. Mayor Love thanked Mr. Reinert for his review. Commissioner Reinert stated that Council or residents could reach out to him at any time. Council Member King stated that Ms. Samantha Markman, Economic Development Director, has been working with the EDA and been a great asset to them. Discussion ensued regarding completing the bike path along Centerville Road, lowering the speed limit on Lake Drive being a good thing, improvements to the cross-walk on Centerville Road, Post Traumatic Stress Disorder (PTSD), Fire Fighters and Police Officers (all front-line workers) also being affected by PTSD, Mercy HospitalÓs renovations and services provided, WorkerÓs Compensation Claims due to PTSD, highlighting services, programs and assistance available to all residents of the County and being proactive in providing services. 2. Ms. Bev Mathiasen, Republic Services Î Annual Audit/Market Trends Mayor Love welcomed Ms. Mathiasen, Municipal Sales Manager, Republic Services. Ms. Mathiasen thanked Council for the opportunity to provide them with a brief update of the past year. She reviewed the presentation that was contained in CouncilÓs packet with them. She reminded Council that their contracted services agreement would be expiring in 2023, that all of the factors reviewed would play a part in an extension or Requests for Proposals (RFPs) going forward with any/all vendors. She stated that she feels that the relationship with Centerville is a partnership, one that can jointly be approved upon with education to residents and stated that staff has been a pleasure to work with. She briefly reviewed improvements/investments/sustainability programs that Republic Services has been making and offered tours of their facilities if desired. Mayor Love thanked Ms. Mathiasen for her update and opened the floor to Council for questions or comments. Brief discussion ensued regarding optical sorters, hand sorting, education at all levels including school age, the goal of contamination being less than 15%, Clean-Up Day and the possibility of having two (2) events, the percentage of ÐrealÑ recycling being contaminated and continued information for Council review. Page 2 of 9 City of Centerville WS & Council Meeting Minutes February 23, 2022 Mayor Love and Council thanked Ms. Mathiasen for her presentation/update. A discussion was had regarding the amount of time that had been spent on two (2) of the three Work Session items and whether discussion was needed for the third item on the agenda this evening or whether it could be placed on a future agenda. Council consensus was to continue the Work Session following the regularly scheduled meeting. 3. Essential Worker Pay Î Public Safety Mayor Love recessed the Work Session at 6:25 p.m. allowing for a five (5) minute recess between meetings. COUNCIL MEETING I. CALL TO ORDER Mayor D. Love called the meeting to order at 6:31 p.m. ROLL CALL PRESENT: Mayor D. Love Council Member Steve King Council Member Darrin Mosher Council Member Russ Koski Council Member Michelle Lakso Junior Council Member Danny Peterson (Non-Voting Member) ABSENT: None STAFF: City Administrator Mark Statz City Attorney Kurt Glaser II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Mayor Love provided an opportunity for others to add or delete any items. Motion by Council Member Koski, seconded by Council Member King to Approve the Agenda as Presented. Roll call. Council Members King, Koski, Love, Mosher & Mayor Love voted in favor. Motion carried. IV. APPOINTMENTS/PRESENTATIONS 1. None Page 3 of 9 City of Centerville WS & Council Meeting Minutes February 23, 2022 V. PUBLIC HEARINGS 1. None VI. APPROVAL OF THE MINUTES 1. October 13, 2021 City Council Meeting Minutes Mayor Love provided an opportunity for Council to make modifications to the minutes if desired. Council Member Lakso requested an update on two (2) items: Tracie McBride Park monument sign and letters forwarded to individuals regarding ordinance amendments and continued complaints. Motion by Council Member Lakso, seconded by Council Member Koski to Approve the October 13, 2021 City Council Meeting Minutes as Presented. Additional discussion was had. Council Member Lakso amended her Original Motion: to Approve to the October 13, 2021 City Council Meeting Minutes to Reflect a Typographical Error Under IX. New Business, Item #1 ÐPersonalÑ be Corrected to ÐPersonnelÑ. Council Member Koski accepted Council Member LaksoÓs Friendly Amendment. Roll call. Council Members King, Koski, Lakso, Mosher & Mayor Love voted in favor. Motion carried. 2. October 27, 2021 City Council Work Session & City Council Meeting Minutes Mayor Love provided an opportunity for Council to make modification to minutes if desired. Motion by Council Member Lakso, seconded by Council Member Mosher to Approve the October 27, 2021 City Council Work Session & City Council Meeting Minutes as Presented. Roll call. Council Member King, Koski, Lakso, Mosher & Mayor Love voted in favor. Motion carried. VII. CONSENT AGENDA 1.City of Centerville Claims through February 23, 2022 (Check #34909-34928), & (1844E-1849E) 2.Centennial Lake Police Department Claims through February 17, 2022 (Check #142222-14229) & E2022012-E2022013) 3.Centennial Fire District Claims through February 22, 2022 (Check #9252- 9260) & Payroll (Check #9249-9251) 4.Encroachment Agreement Î 1841 Old Mill Court, Fence 5. League of MN Cities Insurance Trust Î Not Waive Liability Limits 6.Escrow Agreement Î Kwik Trip (Turn Lane Construction) 7. Res. #22-0XX Î Re-Establishing Precincts & Polling Place (Redistricting) Page 4 of 9 City of Centerville WS & Council Meeting Minutes February 23, 2022 Mayor Love provided an opportunity for the Council to add or remove any item(s) to/from the consent agenda. Council Member Koski requested that Item #1 be removed for discussion. Motion by Council Member King, seconded by Council Member Lakso to Approve Consent Agenda Items #2-7 as Presented. Roll call. Council Member King, Koski, Lakso, Mosher & Mayor Love voted in favor. Motion carried. Council Member Koski requested information regarding Check #34924 Î TimeSavers Off Site Secretarial. He had concerns regarding the usage of the service and whether it should be budgeted for going forward. Administrator Statz explained that TimeSavers Off Site Secretarial was assisting the City in minute catch up and assisting in the Planning & Zoning minutes. Administrator Statz stated with the addition of a new staff member, minutes would be handled internally. He did stated that there may be one (1) or two (2) more invoices, but that should be it. Motion by Council Member Koski, seconded by Council Member King to Approve Consent Agenda Items #1 as Presented. Roll call. Council Member King, Koski, Lakso, Mosher & Mayor Love voted in favor. Motion carried. VIII.OLD BUSINESS 1. City Hall Campus Renovations Administrator Statz reviewed funding options for Phase III of the City Hall Campus Renovations, and stated that decisions need to be made soon because contractors will bidding projects shortly for the upcoming year. He stated that CouncilÓs priority was the City Hall parking lot, lighting, ADA updates and that he desired to add some landscaping to the front of the building ($250,000). He stated that Phase III of the CityÓs original project included opening a hallway to the fire hall providing the City with access to a breakroom and conference area. He also stated that this would allow the Fire Department a front desk area of City Hall and access to the copy machine ($225,000). Administrator Statz requested direction on how to proceed and with which projects. Administrator Statz stated that Station Chief Montain is on board with the proposals and excited about the prospects of the project. Discussion ensued regarding funding streams (street, ARPA, grants, etc.), memorial monument, additional lighting to the building and fire hall, the installation of a flashing beacon on existing fire station street signage for when vehicles are dispatched, alignment of City Hall driveway entrance/exit versus the Uptown Center entrance/exit, whether shower stalls were a requirement for firefighters, moving of the current Utility Payment Box, possibility of filling in the ditch in front of City Hall providing for a more Ðfamily atmosphereÑ for events, irrigation installation, ISO rating, installation, not over extending which may increase residentÓs taxes and whether there were other project that should be taken into consideration rather than the interior building upgrades. Additional discussion ensued regarding $182,000 contained within the Street Funds and the remainder would be from General Funds, and obtaining Committee/Commission input on projects. Page 5 of 9 City of Centerville WS & Council Meeting Minutes February 23, 2022 Motion by Council Member Lakso, seconded by Council Member King to Direct Staff to Negotiate Proposals with Architects and Engineers with Engineer Specifications to be Defined for the $250,000 Proposed City Hall Parking Lot and Landscaping Improvements. Council Member King requested clarification of what was included with the landscape portion. Administrator Statz stated that the landscaping portion would include a memorial, exterior building lighting, sidewalk upgrade and sidewalk handrail, etc. Mayor Love clarified that the motion is only to sharpen the pencil on all exterior work proposed and allowing staff to work with architects and engineers for a more detailed bid/estimate. Roll call. Council Member King, Koski, Lakso, Mosher & Mayor Love voted in favor. Motion carried. IX. NEW BUSINESS stnd 1. Letter of Credit Reduction Request Î Old Mill Estates (1 and 2 Additions) Administrator Statz stated that the City has received a request for letter of reduction, stated that there remained several outstanding items, currently the City holds two (2) LOC, that policy states that a LOC cannot be less than five (5) percent of its original amount and staff is recommending to reduce the total LOC to $82,500 on file. Mayor Love asked about the status of the proposed trail/boardwalk issue. Administrator Statz stated that he had forwarded information to obtain bids from contractors and asked for pricing. He stated that he needed to follow up with them and the homeowner. Discussion ensued regarding the rear yard draintile issue of several residents, homeowners correcting the item on their own as an upgrade to what was installed, no deficiencies were found, and that installation could have been completed more effectively. Motion by Council Member Lakso, seconded by Council Member Koski to Allow the nd Reduction of the total Letter of Credit for the Old Mill Estates Development (11st and 2 Phases) to an Amount of $85,000. Roll call. Council Member King, Koski, Lakso, Mosher & Mayor Love voted in favor. Motion carried. 2. Website Update Administrator Statz stated that he would provide for Assistant City Administrator Lewis to share her screen. Assistant City Administrator Lewis reviewed a presentation with Council for a website redesign, quotes from three (3) vendors (GovOffice, Revize & CivicPlus), functionality and features as well as transition and redesign have been considered, also ADA requirements, internal evaluations have been completed and the inclusion of an ÐAPPÑ for the City was also quoted. She stated that she met with EDA and the Parks & Recreation Committee to discuss their needs. She also stated that consideration has been given for branding in the future, ensuring flexibility of the vendor for this. Page 6 of 9 City of Centerville WS & Council Meeting Minutes February 23, 2022 She reviewed the quotes with Council and reported that CivicPlus provided all of the desired features, plus an ÐAPPÑ, that staff felt it was highly user-friendly and progressive. Discussion ensued regarding fees beyond the initial redesign and how the budget would be affected comparative to current fees, the quality of the presentation and background work, mobile application connection to community, concern for transitioning from old site to new site, $12,000 annually for support services, hosting and security, upon year 3-4 a refresh in design, American Rescue Plan Funding qualified expenditure, cost of CivicPlus at $37,000, the necessity of marketing of an ÐAPPÑ if considering, and the suggestion of researching State Contractors for a reduced rate. Motion by Mayor Love, seconded by Council Member Mosher to Table the Website Redesign Item to the Following Meeting to Allow Staff Time to Research Whether Service Providers Participated in the State Purchasing Program. Additional discussion occurred regarding the investment of a mobile ÐAPPÑ and the importance of marketing for individuals understanding its availability. Roll call. Council Member King, Koski, Lakso, Mosher & Mayor Love in favor. Motion carried. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. AdministratorÓs/Engineer Report Î Administrator Statz stated that his written report was included in the packet and he would be happy to assist with questions. He stated that the Planning & Zoning Commission will display exterior samples (i.e. shingles, fencing, stone facing and siding) for the CentraHomes, Block 7 project prior to their meeting and that the meeting will be posted for a Potential Quorum. He stated that the Commission is responsible for making architectural decisions. He also stated that the Commission held a Public Hearing regarding the proposed Max Storage facility and that it was held over for additional input from the public. He also stated that purchaser of 2050/2070 Main Street has submitted a site plan for review. He reported that the City was in receipt of the XfinityÓs franchise fees and noted that they were down from previous years. 2. Council Reports a. Lakso - Parks and Recreation Committee Î Council Member Lakso gave no update but suggested that maybe a Fete des Lacs update should be included in the updates. Anoka County Fire Protection Council Î Council Member Lakso gave no update. b. Koski Î He stated that the Centennial Fire was the first on scene at the fire on February 8, 2022 in the City of Blaine Fire, which speaks volumes for our Department. He congratulated the Centerville Lions for another fantastic Fishing Contest. He stated that the event was well attended and thanked the Lions, volunteers, and participants for their efforts. Page 7 of 9 City of Centerville WS & Council Meeting Minutes February 23, 2022 Planning & Zoning Commission Î Council Member Koski reported that the March 1, 2022 meeting will be held in person at City Hall. Fire Steering Committee Î Council Member Koski gave no report. c. King Î Economic Development Authority Î Council Member King asked if City Administrator Statz would provide an overview of the EDAÓs 2021 Strategic Plan and he stated that the Committee reaffirmed their guiding principles. d. Mosher Î He stated that the Lions Annual Fishing Contest went very well, it was well attended, they had great food and numerous prizes. He thanked everyone associated with the event and stated that he felt it was a great community event. Economic Development Authority Î Council Member Mosher stated that Administrator Statz previously provided an update, that the meeting was very busy and eventful. Police Governing Board Î Council Member Mosher gave no report. e. Love Î He echoed other Council Members comments regarding the Centerville Annual Fishing Contest. He stated that the Centennial Fire District participated with the Fleet Farm fire and felt that the fire was fairly contained. He stated that he was looking forward to the March Council Retreat and hoped that robust discussion would be held. Police Governing Board - Mayor Love gave no report. Fire Steering Committee Î Mayor Love gave no report. North Metro Telecommunications Commission Î Mayor Love gave no report. Other Mayor Reports Î Mayor Love gave no report. XI. ADJOURNMENT Motion by Council Member Koski, seconded by Council Member Mosher to Adjourn the Regularly Scheduled Council Meeting of February 23, 2022 at 8:47 p.m. Roll call. Council Member King, Koski, Lakso, Mosher & Mayor Love voted in favor. Motion carried. Mayor Love re-opened the Council Work Session at 8:47 p.m. with all members present. II. ITEMS OF DISCUSSION (ContÓd) 1. Essential Worker Pay Page 8 of 9 City of Centerville WS & Council Meeting Minutes February 23, 2022 Administrator Statz stated that that recently Council Member Lakso attended a recent session given by the League of MN Cities where discussions took place regarding providing support/opportunities for those that serve in the in the first responder capacity. He stated that the Assistant City Administrator has completed some research where other communities are being progressive in providing these types of programs that works with additional packages that support personnel (i.e., retention, bonuses, etc.) Discussion ensued regarding possibilities for implementation of additional programs, discussion and the Governing Board level, physical health and mental health of workers, comparing programs offered by other agencies, unsure of desire for such a program with partner agencies and continued discussions with respective Chiefs for ideas and thoughts for going forward. Mayor Love adjourned the City Council Work Session at 9:10 p.m. Respectfully submitted by City Clerk, Teresa Bender Page 9 of 9 03/18/22 11:34 AM CITY OF CENTERVILLE Page 1 Check Detail - March 23, 2022 Check DateCheck #Vender NameCommentsAmount 13/18/2022001858EIRS/EFTPSFED W/H - PAY PERIOD 6$2,822.62 13/18/2022001858EIRS/EFTPSFICA/MED W/H - PAY PERIOD 6$4,416.70 Check Nbr 001858 IRS/EFTPS$7,239.32 13/18/2022001859EMINNESOTA DEPT OF REVENUESTATE W/H - PAY PERIOD 6$1,241.21 Check Nbr 001859 MINNESOTA DEPT OF REVENUE$1,241.21 13/18/2022001860EOPTUM BANK - H.S.A.H.S.A W/H - PAY PERIOD 6$1,314.57 Check Nbr 001860 OPTUM BANK - H.S.A.$1,314.57 13/18/2022001861EPERAPERA W/H - PAY PERIOD 6$4,070.68 Check Nbr 001861 PERA$4,070.68 13/17/2022001862ETASCF.S.A W/H - PAY PERIOD 6$239.58 Check Nbr 001862 TASC$239.58 13/23/2022034960 AASLHCITY OF CENTERVILLE'S MEMBERSHIP DUES - 2022$98.00 Check Nbr 034960 AASLH$98.00 13/23/2022034961 AFLACMARCH 2022 AFLAC$198.42 Check Nbr 034961 AFLAC$198.42 13/23/2022034962 AIRFRESH INDUSTRIES, INC.LAMOTTE PARK & CORNERSTONE PARK - PORTABLE RESTRO$290.00 13/23/2022034962 AIRFRESH INDUSTRIES, INC.LAMOTTE PARK & CORNERSTONE PARK - PORTABLE RESTRO$290.00 Check Nbr 034962 AIRFRESH INDUSTRIES, INC.$580.00 13/23/2022034963 BBKG, LLCCENTRA HOMES -BLOCK 7 - SERV THRU 3RD QTR 2021$1,472.50 13/23/2022034963 BBKG, LLCDEFOE DEVELOPMENT-BAYVIEW VILLAS - SERV THRU 3RD QT$38.00 13/23/2022034963 BBKG, LLCGENERAL CIVIL - SERV THRU 3RD QTR 2021$3,420.00 13/23/2022034963 BBKG, LLCKWIK TRIP - SERV THRU 3RD QTR 2021$38.00 13/23/2022034963 BBKG, LLCNORBELLA SENIOR LIVING - SERV THRU 3RD QTR 2021$161.50 13/23/2022034963 BBKG, LLCNORTHERN FOREST PRODUCTS - SERV THRU 3RD QTR 2021$66.50 13/23/2022034963 BBKG, LLCOLD MILL ESTATES PHASE 2 - SERV THRU 3RD QTR 2021$66.50 13/23/2022034963 BBKG, LLCPETERSON SHORES - SERV THRU 3RD QTR 2021$332.50 13/23/2022034963 BBKG, LLCREHBEIN COMMERCIAL - SERV THRU 3RD QTR 2021$3,942.50 13/23/2022034963 BBKG, LLCREHBEIN INDUSTRIAL - SERV THRU 3RD QTR 2021$1,662.50 13/23/2022034963 BBKG, LLC1313 MOUND TRAIL - SERV THRU JULY$0.00 13/23/2022034963 BBKG, LLC2050 MAIN STREET - DEVEREAUX FAMILY - SERV THRU 3RD $312.50 13/23/2022034963 BBKG, LLCALEX'S LANDSCAPING - SERV THRU 3RD QTR 2021$19.00 13/23/2022034963 BBKG, LLCBELLEVILLE APTS - SERV THRU 3RD QTR 2021$0.00 Check Nbr 034963 BBKG, LLC$11,532.00 13/23/2022034964 CENTENNIAL FIRE RELIEF ASSOC.REIMBURSE FOR FIREFIGHTERS SBR REIMBURSEMENT - SUPP$2,784.70 Check Nbr 034964 CENTENNIAL FIRE RELIEF ASSOC.$2,784.70 13/23/2022034965 CENTERPOINT ENERGY6970 LAMOTTE DR - SERV THRU 2-25-22$273.97 13/23/2022034965 CENTERPOINT ENERGY1880 MAIN ST - SERV THRU 2-25-22$1,170.43 13/23/2022034965 CENTERPOINT ENERGY1785 PELTIER LAKE DR - SERV THRU 2-25-22$28.48 13/23/2022034965 CENTERPOINT ENERGY2085 W CEDAR ST - SERV THRU 2-25-22$1,298.74 Check Nbr 034965 CENTERPOINT ENERGY$2,771.62 13/23/2022034966 CITY OF CENTERVILLE - MASTERCAON GOING ENDICIA CHARGES - ON LINE$9.95 13/23/2022034966 CITY OF CENTERVILLE - MASTERCACONFERENCE CREDIT GRAND VIEW LODGE - M. 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DEPT. OF HEALTHJ. HUISENGA CERTIFCATION WATER SUPPLY SYSTEM$23.00 Check Nbr 034977 MINN. DEPT. OF HEALTH$23.00 13/23/2022034978 MINNESOTA POLLUTION CONTROLT. PETERSON COLLECTION SYSTEM OPERATOR CERTIFICATE$23.00 Check Nbr 034978 MINNESOTA POLLUTION CONTROL$23.00 13/23/2022034979 MN PEIPHEALTH INSURANCE - THRU 4-30-22$4,401.32 Check Nbr 034979 MN PEIP$4,401.32 13/23/2022034980 MY HOLDING, INC. DBA FIRST IMPCITY HALL FOGGING - PPE - VIRUSES/BACTERIA$563.00 Check Nbr 034980 MY HOLDING, INC. DBA FIRST IMP$563.00 13/23/2022034981 STANTEC CONSULTING SERVICES INSEWER UTILITY - SERV THRU 12-3-21$1,437.00 13/23/2022034981 STANTEC CONSULTING SERVICES INOLD MILL ESTATES - PHASE I - SERV THRU 12-3-21$196.50 13/23/2022034981 STANTEC CONSULTING SERVICES INBAY VIEW VILLAS - SERV THRU 12-3-21$65.50 13/23/2022034981 STANTEC CONSULTING SERVICES INCENTERVILLE STORAGE - SERV THRU 12-3-21$65.50 13/23/2022034981 STANTEC CONSULTING SERVICES INCENTERVILLE ELEMENTARY UT INSPEC - SERV THRU 12-3-21$85.21 13/23/2022034981 STANTEC CONSULTING SERVICES INREHBEIN PLAT-SUTTON TRANSPORT - SERV THRU 12-3-21$720.00 13/23/2022034981 STANTEC CONSULTING SERVICES INREHBEIN COMMERCIAL - SERV THRU 12-3-21$1,466.23 13/23/2022034981 STANTEC CONSULTING SERVICES INNORBELLA SENIOR LIVING - SERV THRU 12-3-21$271.88 13/23/2022034981 STANTEC CONSULTING SERVICES INREHBEIN INDUSTRIAL - SERV THRU 12-3-21$3,406.63 03/18/22 11:34 AM CITY OF CENTERVILLE Page 3 Check Detail - March 23, 2022 Check DateCheck #Vender NameCommentsAmount 13/23/2022034981 STANTEC CONSULTING SERVICES INSUTTON TRANSPORT - 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POLICEPage: 1 Check Issue Dates: 3/4/2022 - 3/10/2022Mar 10, 2022 10:51AM Report Criteria: Report type: Summary Check NumberCheck Issue DatePayeeAmount 1424003/10/2022COVERALL NORTH AMERICA, INC820.00 1424103/10/2022GEORGE'S INC385.00 1424203/10/2022INITIAL DEFENSE CUSTOMIZED975.00 1424303/10/2022M.A.P.E.T.35.00 1424403/10/2022MARIE RIDGEWAY LICSW, LLC345.00 1424503/10/2022CITY OF ROSEVILLE5,828.93 1424603/10/2022TAYLOR PRINT & VISUAL IMPRESSIONS1,148.13 1424703/10/2022VERIZON WIRELESS1,157.12 202202003/10/2022WEX BANK4,245.78 Grand Totals: 14,939.96 Qbzspmm!Difdl!$25349.2534: M = Manual Check, V = Void Check CENTENNIAL FIRE DISTRICTCheck Register - FIREPage: 1 Check Issue Dates: 3/9/2022 - 3/22/2022Mar 17, 2022 03:23PM Report Criteria: Report type: Summary Check NumberInput DateCheck Issue DatePayeeAmount 927203/17/202203/22/2022CONNEXUS ENERGY744.80 927303/17/202203/22/2022EAGLE GARAGE DOOR CO.1,606.75 927403/17/202203/22/2022FIRE SAFETY USA, INC854.25 927503/17/202203/22/2022MMKR, INC4,250.00 927603/17/202203/22/2022CITY OF ROSEVILLE1,462.23 202200403/17/202203/22/2022US BANK1,623.03 Grand Totals: 10,541.06 Payroll Check #9269-9271 M = Manual Check, V = Void Check CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: March 23, 2022 Administration VII.4 TITLE OF ISSUE: Donation to Anoka County Historical Society BACKGROUND AND SUPPLEMENTAL INFORMATION: As part of the design of city hall renovations, a "history niche" was added to the council chambers. In May 2021, the city and Anoka County Historical Society (ACHS) signed a memorandum of understanding assigning ACHS the responsibility of maintaining and curating the display case on an ongoing basis. The city's only expense is to reimburse ACHS for display hardware, which is approximately +/- $250.00 every four to six months, and paid from the General Fund. The city values partnership with the Anoka County Historical Society, and would like to make a donation to ACHS to show their appreciation for the hard work that they have poured into maintaining and curating the city's historic exhibit. COST AND SOURCE(S) OF FUNDING: $500.00 from the General Fund (one-time allocation) REQUESTED COUNCIL ACTION: Motion to adopt Resolution #22-0 approving a donation to the Anoka County Historical Society in the amount of $500.00 from the General Fund. 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: ___________________________________ COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #22-0___ APPROVING DONATION TO ANOKA COUNTY HISTORICAL SOCIETEY WHEREAS, the Anoka County Historical Society (ACHS) signed a memorandum of understanding with the ity of Centerville in May of 2021 accepting the responsibility for maintaining and curating the contents of the display case at City Hall; and, WHEREAS, the contents of the display case reflect archaeological and historical items loaned to the city by members of the community, for a period of four to six months, with the intended purpose of preserving local history; and, WHEREAS, there is no direct cost to the city for ongoing work being done by ACHS, other than reimbursable expenses for display hardware; and, WHEREAS, the city is not currently a member of the Anoka County Historical Society; and, WHEREAS, the City of Centerville would like to make a donation to Anoka County Historical Society; and, NOW THEREFORE, BE IT RESOLVED THAT the city of Centerville by and through its City Council, hereby authorizes the approval of a donation to the Anoka County Historical Society in the amount of $500.00 to be paid from the General Fund; and, BE IT FINALLY RESOLVED, the City Administrator, or their designee, is authorized to execute on behalf of the city/town, any documents necessary to effectuate this decision to approve a donation to the Anoka County Historical Society. Passed by the City Council of the City of Centerville this 23rd day of March, 2022. ______________________________ D.Love, Mayor Attest: ______________________________ Teresa Bender, City Clerk CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: March 23, 2022 Administration/Engineering VII.5 TITLE OF ISSUE: Voluntary Cost Share Agreement BACKGROUND AND SUPPLEMENTAL INFORMATION: Every few years, the County hires a contractor to take aerial photos of the county with accurate geospatial information. These photos are then incorporated into the County's GIS system for use by the public and other agencies. City staff rely heavily on these photos during our daily activities and their value can not be overstated. The county pays a share of the cost and all cities in the county also contribute. Staff suggests that the city, again, participate as a good faith effort to be a partner in this collaborative effort. COST AND SOURCE(S) OF FUNDING: $2,500 - General Fund REQUESTED COUNCIL ACTION: Motion to approve the voluntary cost share agreement with Anoka County for the 2022 LiDAR project. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Cost Share Agreement Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ AC County Contract # _______________ Addendum # ______ VOLUNTARY COST SHARING AGREEMENT WITH ANOKA COUNTY (2022 LiDAR Flight Î Central Mississippi Block acquisition) THIS AGREEMENT is made between the County of Anoka, a political subdivision of the State of Minnesota, through its GIS Department (hereinafter ÐCountyÑ) and the undersigned participating municipality/organization (hereinafter ÐAgencyÑ). WITNESSETH WHEREAS, the County has partnered with the State of Minnesota to collect high- resolution digital elevation data developed from airborne LiDAR (Light Detection and Ranging) in the central Mississippi Minnesota region in the spring of 2022 (the ÐLiDAR ProjectÑ), under the StateÓs funding received from United States Geological Survey (USGS); and, WHEREAS, the County contributed $58,000 toward the LiDAR Project, along with other Minnesota counties, as matching funding for the State to remit to USGS for the LiDAR project; and , WHEREAS, under the LiDAR Project, Counties are encouraged to share the resulting data with other public bodies or organizations, including but not limited to cities and townships, watershed and conservation districts, and other organizations that may directly benefit from the use of such data; and, WHEREAS, the undersigned Agency has agreed to contribute $2,500 toward a portion of the CountyÓs costs associated with the LiDAR Project. NOW, THEREFORE, the parties understand and mutually agree as follows: 1. Term. This agreement shall commence upon signing and shall terminate on December 31, 2022. 2. Voluntary Contribution. For calendar year 2022, Agency agrees to contribute the sum of two-thousand five hundred dollars ($2,500) to the County toward costs associated with the LiDAR Project, with payment to the County no later than June 30, 2022. 3. Independent Contractor. It is agreed that nothing in this contract is intended or should be construed as creating the relationship of agents, partners, joint ventures, or associates between the parties hereto or as constituting the County or the Agency as the employee or representative of the other entity for any purpose or in any manner whatsoever. 4. No Warranties. The Agency agrees that the County is furnishing the LiDAR data on an "as is" basis, without representation or any express or implied warranties, including but not limited to, fitness for particular purpose, merchantability or the accuracy and completeness of the data. The County does not warrant that the LiDAR data will be error 1 AC County Contract # _______________ Addendum # ______ free. The Agency's exclusive remedy and the County's sole liability for any defect which impairs the use of the LiDAR data shall be the right to terminate this agreement. 5. Liability. County and Agency agree each will be responsible for their own acts and omissions under this Agreement and the results thereof and shall to the extent authorized by law defend, indemnify and hold harmless the other party for such acts. In no event shall the County be liable for actual, direct, indirect, special, incidental, consequential damages, or loss of profit, loss of business or any other financial loss or any other damage arising out of performance or failure of performance of this Agreement by the County. 6. Audit. Both parties agree that either party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and upon reasonable request, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other party and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. 7. Data Practices. All data created, collected, received, maintained, or disseminated for any purpose in the course of this contract is governed by the Minnesota Government Data Practices Act, any other applicable statute, or any rules adopted to implement the Act or statute, as well as federal statutes and regulations on data privacy. 8. No Assignment. Neither party shall assign or transfer this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempt to do so shall be void and of no force and effect. (signature page follows) 2 AC County Contract # _______________ Addendum # ______ IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below: ANOKA COUNTY GIS DEPARTMENT By: _______________________________ By: ________________________________ John Slusarczyk, GIS Coordinator Anoka County Hwy Dept., 1440 Bunker Lake Blvd. NW Andover, MN 55304 Email: Email: john.slusarczyk@co.anoka.mn.us Dated: _____________________________ Dated: ___________________________ 3 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: March , 2022 Administration VII. TITLE OF ISSUE: Housing and Local Decision-Making Support Resolution BACKGROUND AND SUPPLEMENTAL INFORMATION: Several draft bills in various stages of review at the state legislature are attempting to preempt cities' abilities to govern their own housing and zoning laws. The Council may wish to formally voice opposition to these bills. A sample resolution is attached for your consideration. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to adopt Resolution #22-0XX Supporting Housing and Local Decision-Making. 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 RES. #______ A RESOLUTION SUPPORTING HOUSING AND LOCAL DECISION-MAKING AUTHORITY WHEREAS, local elected decision-makers are in the best position to determine the health, safety, and welfare regulations that best serve the unique needs of their constituents; and WHEREAS, zoning regulation is an important planning tool that benefits communities economically and socially, improves health and wellness, and helps conserve the environment; and WHEREAS, local zoning regulation allows communities to plan for the use of land transparently, involving residents through public engagement; and WHEREAS, cities across the state are keenly aware of the distinct housing challenges facing their communities and they target those local housing challenges with available tools; and WHEREAS, multiple bills restricting local decision-making related to housing have been introduced in the 2021-2022 biennium. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CENTERVILLE that this Council supports local decision-making authority and opposes legislation that restricts the ability for local elected officials to respond to the needs of their communities. LET IT ALSO BE RESOLVED that this Council supports housing policy that advances solutions to support full housing spectrum solutions, local innovation, incentives instead of mandates, and community-specific solutions throughout Minnesota. ADOPTED by the Centerville City Council this ____ day of __________________, 2022. Mayor, D. Love Attest: City Clerk, Teresa Bender CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: March 23, 2022 Administration VIII.1 TITLE OF ISSUE: Website Contract Revision BACKGROUND AND SUPPLEMENTAL INFORMATION: At the March 9th city council meeting, city council approved a contract with CivicPlus for a website re-design and mobile app packet. The contract is for $26,700 (first year), and $12,000 annually. The original contract language about the upgrade to the website and app, at no cost to the city, in year four of the contract. COST AND SOURCE(S) OF FUNDING: $26,700 (first year); $12,000 annually - General Fund REQUESTED COUNCIL ACTION: Motion to approve the revised contract with CivicPlus for a website re-design and mobile app package in the amount of $26,700 for the first year, and $12,000 annually. 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: ___________________________________ Quote #: Q-21776-1 Date: 1/10/2022 12:47 PM CivicPlus Expires On: 4/10/2022 302 South 4th St. Suite 500 Manhattan, KS 66502 Product: CivicEngage US Client: Bill To: Centerville MN - CivicEngage Centerville MN - CivicEngage SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD Jordan Cairns x cairns@civicplus.com Net 30 CivicEngage - Statement of Work QTY PRODUCT NAME DESCRIPTION PRODUCT TYPE 1.00 CivicEngage CivicPlus Mobile Proprietary CP Mobile app shell, API management and Renewable Base App Build Tool 1.00 One-time CivicPlus Mobile Implementation - Configure, build and deploy iOS/Android apps with CivicEngage Central customized assets 1.00 CivicPlus Mobile - CivicEngage A CivicEngage Central integration, which includes Renewable Central standard mobile relevant modules 1.00 Annual - CivicEngage Central Annual - CivicEngage Central Renewable 1.00 Hosting & Security Annual Fee - Hosting & Security Annual Fee - CivicEngage Central Renewable CivicEngage Central 1.00 SSL Management Î CP Provided SSL Management Î CP Provided Only 1 per domain Renewable Only (Annually Renews) - https://www.centervillemn.com/ 1.00 DNS and Domain Hosting Setup DNS and Domain Hosting Setup (https:// One-time (http://URL) www.centervillemn.com/) 1.00 DNS and Domain Hosting Annual DNS and Domain Hosting Annual Fee (https:// Renewable Fee (http://URL) www.centervillemn.com/) 1.00 Premium Implementation - Premium Implementation One-time CivicEngage 1.00 4yr Redesign Premium Annual - 4yr Redesign Premium Annual - CivicEngage Central Renewable CivicEngage Central 65.00 Content Development - 1 Page - Content Development - 1 Page - CivicEngage One-time CivicEngage 4.00 System Training (4h, virtual) - CivicEngage System Training - Virtual, Half Day Block One-time CivicEngage V. PD 06.01.2015-0048 Page 1 of 4 QTY PRODUCT NAME DESCRIPTION PRODUCT TYPE 3.00 Agendas & Minutes Migration Content Migration : Agendas & Minutes - Per 100 One-time - PDF - 100 Meetings - Meetings (Approx. 1 year) CivicEngage List Price - Year 1 Total USD 39,654.00 Total Investment - Year 1 USD 26,700.00 Annual Recurring Services - Year 2 USD 12,000.00 Total Days of Quote:365 1. This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement located at https://www.civicplus.com/master-services-agreement (ÐMSAÑ), to which this SOW is hereby attached as the CivicEngage Statement of Work. By signing this SOW, Client expressly agrees to the terms and conditions of the MSA throughout the Term of this SOW. 2. This SOW shall remain in effect for an initial term equal to 365 days from the date of signing (ÐInitial 2. This SOW shall remain in effect for an initial term equal to 365 days from the date of signing (ÐInitial 2. This SOW shall remain in effect for an initial term equal to 365 days from the date of signing (ÐInitial TermÑ). TermÑ). TermÑ). In the event that neither party gives 60 daysÓ notice to terminate prior to the end of the Initial Term, or any In the event that neither party gives 60 daysÓ notice to terminate prior to the end of the Initial Term, or any In the event that neither party gives 60 daysÓ notice to terminate prior to the end of the Initial Term, or any subsequent Renewal Term, this SOW will automatically renew for an additional 1-year renewal term subsequent Renewal Term, this SOW will automatically renew for an additional 1-year renewal term subsequent Renewal Term, this SOW will automatically renew for an additional 1-year renewal term (ÐRenewal TermÑ). The Initial Term and all Renewal Terms are collectively referred to as the ÐTermÑ. (ÐRenewal TermÑ). The Initial Term and all Renewal Terms are collectively referred to as the ÐTermÑ. 3. The Total Investment - Year 1 will be invoiced upon signing of this SOW. 4. Annual Recurring Services shall be invoiced on the start date of each Renewal Term. Annual Recurring 4. Annual Recurring Services shall be invoiced on the start date of each Renewal Term. Annual Recurring 4. Annual Recurring Services shall be invoiced on the start date of each Renewal Term. Annual Recurring Services, including but not limited to hosting, support and maintenance services, shall be subject to a 5% Services, including but not limited to hosting, support and maintenance services, shall be subject to a 5% Services, including but not limited to hosting, support and maintenance services, shall be subject to a 5% annual increase beginning in year 4 of service. Client will pay all invoices within 30 days of the date of annual increase beginning in year 4 of service. Client will pay all invoices within 30 days of the date of annual increase beginning in year 4 of service. Client will pay all invoices within 30 days of the date of such such invoice. invoice. 5. Client agrees that CivicPlus shall not migrate, convert, or port content or information that could 5. Client agrees that CivicPlus shall not migrate, convert, or port content or information that could 5. Client agrees that CivicPlus shall not migrate, convert, or port content or information that could reasonably be construed as time sensitive, such as calendar or blog content, during the Project reasonably be construed as time sensitive, such as calendar or blog content, during the Project reasonably be construed as time sensitive, such as calendar or blog content, during the Project Development. Development. 6. If If a Recurring Redesign line item is included with the Client's quote in this SOW, starting after 48 months a Recurring Redesign line item is included with the Client's quote in this SOW, starting after 48 months a Recurring Redesign line item is included with the Client's quote in this SOW, starting after 48 months a Recurring Redesign line item is included with the Client's quote in this SOW, starting after 48 months of continuous service under this SOW, Client shall be entitled to receive a redesign at no additional cost. of continuous service under this SOW, Client shall be entitled to receive a redesign at no additional cost. of continuous service under this SOW, Client shall be entitled to receive a redesign at no additional cost. Client may initiate such redesign any time after 48 months of continuous service. Upon the initiation of an Client may initiate such redesign any time after 48 months of continuous service. Upon the initiation of an Client may initiate such redesign any time after 48 months of continuous service. Upon the initiation of an eligible redesign project, Client may begin accumulating eligibility towards a subsequent redesign after eligible redesign project, Client may begin accumulating eligibility towards a subsequent redesign after eligible redesign project, Client may begin accumulating eligibility towards a subsequent redesign after another another 48 months of continuous service. Redesigns that include additional features not available on the original 48 months of continuous service. Redesigns that include additional features not available on the original 48 months of continuous service. Redesigns that include additional features not available on the original website may be subject to additional charges. Additional features include, but are not limited to, additional website may be subject to additional charges. Additional features include, but are not limited to, additional website may be subject to additional charges. Additional features include, but are not limited to, additional modules and integration of third-party software. Recurring Redesigns are eligible for the website, subsite, modules and integration of third-party software. Recurring Redesigns are eligible for the website, subsite, modules and integration of third-party software. Recurring Redesigns are eligible for the website, subsite, and department headers included in this SOW only. Any subsequently purchased website, subsite, and and department headers included in this SOW only. Any subsequently purchased website, subsite, and and department headers included in this SOW only. Any subsequently purchased website, subsite, and department header shall not be included in a redesign hereunder. department header shall not be included in a redesign hereunder. 7. Client allows CivicPlus to display a ÐGovernment Websites by CivicPlusÑ insignia, and web link at the bottom of their web pages. Client understands that the pricing and any related discount structure provided under this SOW assumes such perpetual permission. V. PD 06.01.2015-0048 Page 2 of 4 8. Client is responsible for the registration and account management with the ClientÓs app distribution platform (App Store, Google Play). Client is responsible for the registration and account management of their own Apple App Store Account. 9. If Client desires to use the App Store, the Client is responsible for the set up the Apple Developer Account as follows: a. Set up an Apple Developer Account b. Identify CivicPlus and OneBlink as a developer on the account c. Work with CivicPlus Implementation team to customize the App Store descriptions, settings and content. d. Work with CivicPlus Implementation team to update the App Store descriptions, settings and content. e. If the Client identifies as a non-profit organization, Apple will waive the annual fee. However, if Client is identified as a for-profit organization and must pay the annual fee, the payment must be set up to auto-renew. CivicPlus shall not manage the Client account. CivicPlus shall only use the ClientÓs Apple Developer Account to deploy the ClientÓs CP Mobile App. f. If the Client receives emails or requests from Apple regarding the ClientÓs Apple Developer Account, it is the clientÓs responsibility to respond directly to Apple. In the event the communication specifically involves the deployment of the CP Mobile App, Client shall immediately forward such communication to CivicPlus to ensure the CP Mobile App remains live and up-to-date. and up-to-date. 10. Client represents that it has all intellectual property rights in any Client data and content to be added to 10. Client represents that it has all intellectual property rights in any Client data and content to be added to 10. Client represents that it has all intellectual property rights in any Client data and content to be added to 10. Client represents that it has all intellectual property rights in any Client data and content to be added to 10. Client represents that it has all intellectual property rights in any Client data and content to be added to the CP Mobile App, and where the Client is unsure, it is ClientÓs responsibility to seek the permission of the CP Mobile App, and where the Client is unsure, it is ClientÓs responsibility to seek the permission of the CP Mobile App, and where the Client is unsure, it is ClientÓs responsibility to seek the permission of the CP Mobile App, and where the Client is unsure, it is ClientÓs responsibility to seek the permission of the data and/or content owner. the data and/or content owner. 11. Client understands that the hosting for the CP Mobile App is provided by the app distribution platform and 11. Client understands that the hosting for the CP Mobile App is provided by the app distribution platform and 11. Client understands that the hosting for the CP Mobile App is provided by the app distribution platform and 11. Client understands that the hosting for the CP Mobile App is provided by the app distribution platform and 11. Client understands that the hosting for the CP Mobile App is provided by the app distribution platform and not CivicPlus. CivicPlus shall not be liable for any downtime of ClientÓs CP Mobile App. not CivicPlus. CivicPlus shall not be liable for any downtime of ClientÓs CP Mobile App. Signature Page to Follow. V. PD 06.01.2015-0048 Page 3 of 4 Acceptance By signing below, the parties are agreeing to be bound by the covenants and obligations specified in this SOW and the By signing below, the parties are agreeing to be bound by the covenants and obligations specified in this SOW and the By signing below, the parties are agreeing to be bound by the covenants and obligations specified in this SOW and the MSA terms and conditions found at: MSA terms and conditions found at: https://www.civicplus.com/master-services-agreementhttps://www.civicplus.com/master-services-agreement. . IN WITNESS WHEREOF, the parties have caused this SOW to be executed by their duly authorized representatives as of the dates below. Client CivicPlus By: By: Name: Name: Title: Title: Date: Date: V. PD 06.01.2015-0048 Page 4 of 4 Contact Information *all documents must be returned: Master Service Agreement, Statement of Work, and Contact Information Sheet. Organization URL Street Address Address 2 City State Postal Code CivicPlus provides telephone support for all trained clients from 7am Î7pm Central Time, Monday-Friday (excluding holidays). Emergency Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for ensuring CivicPlus has current updates. Emergency Contact & Mobile Phone Emergency Contact & Mobile Phone Emergency Contact & Mobile Phone Billing Contact E-Mail Phone Ext. Fax Billing Address Address 2 City State Postal Code Tax ID # Sales Tax Exempt # Billing Terms Account Rep Info Required on Invoice (PO or Job #) Are you utilizing any external funding for your project (ex. FEMA, CARES): Y \[ \] or N \[ \] Please list all external sources: Contract Contact Email Phone Ext. Fax Project Contact Email Phone Ext. Fax V. PD 06.01.2015-0048 Page 5 of 4 CivicPlus Master Services Agreement This Master Services Agreement (this entered into by and between the client entity identified on the SOW ). This Agreement governs the use and provision of any Services purchased by Client, as described in any signed SOW, and the effective date of this Agreement shall commence on the date of signature of the SOW . If a SOW has not been executed, then the Effective Date shall be determined as the start date of implementation of any software solution by CivicPlus for Client. CivicPlus and Client referred to herein . Recitals I. WHEREAS, CivicPlus is engaged in the business of developing and providing access to proprietary community engagement and government content management software solutions, platforms and associated services (the ; and II. WHEREAS, Client wishes to engage CivicPlus for the procurement of the Services and/or receive a license subscription for the ongoing use of the Services, as set forth in the SOW; NOW, THEREFORE, Client and CivicPlus agree as follows: Agreement Term & Termination 1. This Agreement shall commence on the Effective Date and shall remain in full force and effect for as long as any SOW is in effect between CivicPlus and Client, or Services are being provided by CivicPlus to Client, unless terminated in accordance with this §1 or as otherwise provided in this Agreement Either Party may terminate this Agreement or any SOW as set forth in such SOW, or at its discretion, effective immediately upon written notice to the other Party, if the other Party materially breaches any provision of this Agreement and does not substantially cure the breach within thirty (30) days after receiving notice of such breach. A delinquent Client account remaining past due for longer than 90 days is a material breach by Client and is grounds for CivicPlus termination. 2. Upon termination of this Agreement or anySOW for any reason, (a) the licenses granted for such relevant SOW by §11 below will terminate and Client shall cease all use of the CivicPlus Property and Services associated with the terminated SOW and (b) any amounts owed under outstanding invoices or future planned billing for the completed development and implementation of the become due in full and payable. Sections 7, 8, 10, 14, 15, 18, 29 -31, 39, and 40 will survive any expiration or termination of this Agreement. 3. At any time during the Term, CivicPlus may, immediately upon notice to Client, suspend access to any Service due to a threat to the technical security or technical integrity of the Services. Invoicing & Payment Terms 4. Client will pay the amounts owed to CivicPlus for the Project Development, subscription and licensing, and annual hosting, Recurring in accordance with the payment schedule set forth on the applicable SOW. that is 1 of 7 required to be filled out and submitted by Client . Client shall provide accurate, current and complete information of Clieand phone number in the Contact Sheet upon submission of a signed SOW. Client will maintain and promptly update the Contact Sheet information if it should change. Upon request, CivicPlus will mail hard-copy invoices for a $5.00 convenience fee. 5. Each SOW will state the amount of days from date of invoice payment is due. Unless otherwise limited by law, a finance charge of 1.5 percent (%) per month or the maximum rate permitted by applicable law, whichever is less, will be added to past due accounts from due date until paid. Payments received will be applied first to finance charges, then to the oldest outstanding invoice(s). If the Client's account exceeds 60 days past due, support will be discontinued until the Client's account is made current. If the Client's account exceeds 90 days past due, Annual Recurring Services will be discontinued, and the Client will no longer have access to the Services until the Client's account is made current. Client will be given 15 of Services for non-payment. 6. During the performance of services during Project Development, if the Client requests a change in the timeline agreed upon at the beginning of the Project Development or a change that requires repeated efforts to previously approved work product and such change causes CivicPlus to incur additional expenses (i.e. airline change fees, resource hours, consultant fees), Client agrees to reimburse CivicPlus for such fees, not to exceed $1,000 per CivicPlus employee. CivicPlus shall notify Client prior to incurring such expenses and shall only incur those expenses which are approved by Client. Ownership & Content Responsibility 7. Upon full and complete payment of amounts owed for Project Development under the applicable SOW, Client will own the website graphic designs, webpage or Services content, module content, importable/exportable data, and archived information created by CivicPlus on behalf of Client pursuant to this Agreement. includes any elements of text, graphics, images, photos, designs, artworks, logos, trademarks, services marks, and other materials or content which Client provides or inputs into any website, software or module in connection with any Services. Client Content excludes any content in the public domain; and any content owned or licensed by CivicPlus, whether in connection with providing Services or otherwise. 8. Upon completion of the Project Development, Client will assume full responsibility for Client Content maintenance and administration. Client, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Client Content. Client hereby grants CivicPlus a worldwide, non-exclusive right and license to reproduce, distribute and display the Client Content as necessary to provide the Services. Client represents and warrants that Client owns all Client Content or that Client has permission from the rightful owner to use each of the elements of Client Content; and that Client has all rights necessary for CivicPlus to use the Client Content in connection with providing the Services. 9. At any time during the term of the applicable SOW, Client will have the ability to download the Client Content and export the Client data through the Services. Client may request CivicPlus to perform the export of Client data and provide the Client data to Client in a commonly used format at any time, for a fee to be quoted at time of request and approved by Client. Upon termination of the applicable SOW for any reason, whether or not Client has retrieved or requested the Client data, CivicPlus reserves the right to permanently and definitively delete the Client Content and Client data held in the Services thirty (30) days following termination of the applicable SOW. During the thirty (30) day period following termination of the SOW, regardless of the reason for its termination, Client will not have access to the Services. 10. Intellectual Property in the software or other original works created by or licensed to CivicPlus, including all source code, documents, and materials used in the Services CivicPlus Property specifically excludes Client Content. Client shall not (i) license, sublicense, sell, resell, reproduce, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any CivicPlus Property in anyway, except as specifically provided in the applicable SOW; (ii) adapt, alter, modify or make derivative works based upon any CivicPlus Property; (iii) create i 2 of 7 other server or wireless or internet-based device that may allow third party entities, other than Client, to use the Services; (iv) reverse engineer, decompile, disassemble or otherwise attempt to obtain the source code to all or any portion of the Services; or (v) access any CivicPlus Property in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of any CivicPlus Property, or (c) copy any ideas, features, functions or graphics ofany CivicPlus Property. The CivicPlus name, the CivicPlus logo, and the product and module names associated with any CivicPlus Property are trademarks of CivicPlus, and no right or license is granted to use them outside of the licenses set forth in this Agreement. 11. Provided Client complies with the terms and conditions herein, the relevant SOW, and license restrictions set forth in §10, CivicPlus hereby grants Client a limited, nontransferable, nonexclusive, license to access and use the CivicPlus Property associated with any valid and effective SOW, for the term of the respective SOW. 12. All CivicPlus helpful information are maintained and updated electronically by CivicPlus of its Documentation. Client and its Users are granted a limited license to access Documentation as needed. Client shall not copy, download, distribute, or make derivatives of the Documentation. 13. Client acknowledges that CivicPlus may continually develop, alter, deliver, and provide to the Client ongoing innovation to the Services, in the form of new features, functionality, and efficiencies. Accordingly, CivicPlus reserves the right to modify the Services from time to time. Any modifications or improvements to the Services listed on the SOW will be provided to the Client at no additional charge. In the event that CivicPlus creates new products or enhancements and Client desires these New Services, then Client will have to pay CivicPlus the appropriate fee for the access to and use of the New Services. 14. CivicPlus in its sole discretion, may utilize all comments and suggestions, whether written or oral, furnished by Client to CivicPlus in connection with its access to and use of the Services (all reports, comments and suggestions provided by Client hereund-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate the Feedback in the CivicPlus products and services. Indemnification 15. Unless prohibited the Parties shall defend, indemnify and hold the other Party, its partners, employees, and agents harmless from and against any and all third party lawsuits, claims, demands, penalties, losses, fines, liabilities, damages, and expenses, , of any kind, without limitation, arising out of the negligent actions and omissions, or intentionally malicious actions or omissions of the indemnifying Party or its affiliates, partners, employees, and agents, directly associated with this Agreement and the installation and ongoing operations of Services contemplated by the SOW. This section shall not apply to the extent that any lawsuits, claims, demands, penalties, losses, fines, liabilities, damages, and expenses is caused by the negligence or willful misconduct on the part of the indemnified Party. Responsibilities of the Parties 16. CivicPlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier, licensor or other third-party service provider whose facilities or services are used in furnishing any portion of the Service received by the Client. 17. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by Client or any During Project Development, Client will be responsive and cooperative with CivicPlus to ensure the Project Development is completed in a timely manner. 18. Client agrees that it is solely responsible for any solicitation, collection, storage, or other use of end- personal data on any Service provided by CivicPlus. Client further agrees that CivicPlus has no responsibility for the use or storage of end- personal data in connection with the Services or the consequences of the solicitation, collection, storage, or other use by Client 3 of 7 or by any third party of personal data. 19. Client is responsible for all activity that occurs under Client's accounts by or on behalf of Client. Client agrees to (a) be solely responsible for all Useractivity, which must be in accordance with this Agreement and the CivicPlus Terms of Use; (b) be solely responsible for Client data; (c) obtain and maintain during the term all necessary consents, agreements and approvals from end-users, individuals or any other third parties for all actual or intended uses of information, data or other content Client will use in connection with the Services; (d) use commercially reasonable efforts to prevent unauthorized access to, or use of, -in information and the Services,and notify CivicPlus promptly of any known unauthorized access or use of the foregoing; and (e) use the Services only in accordance with applicable laws and regulations. 20. The Parties shall comply with all applicable local, state, and federal laws, treaties, regulations, and conventions in connection with its use and provision of any of the Services or CivicPlus Property. Data Security 21. CivicPlus shall, at all times, comply with the terms and conditions of its Privacy Policy. CivicPlus will maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security and confidentiality of Client data. Except (a) in order to provide the Services; (b) to prevent or address service or technical problems in connection with support matters; (c) as expressly permitted in writing by Client; or (d) in compliance with our Privacy Policy, CivicPlus will not modify Client data or disclose Client data, unless specifically directed by Client or compelled by law. Notwithstanding the foregoing, CivicPlus reserves the right to delete known malicious accounts without Client authorization. 22. Client acknowledges and agrees that CivicPlus utilizes third-party service providers to host and provide the Services and store Client data and the protection of 23. CivicPlus may offer Client the ability to use third-party applications in combination with the Services. Any such third-party application will be subject to acceptance by Client. In connection with any such third-party application agreed to by Client, Client acknowledges and agrees that CivicPlus may allow the third-party providers access to Client data as required for the interoperation of such third-party application with the Services. The use of a third-party application with the Services may alsorequire Client to agree to a separate agreement or terms and conditions with the provider of the third-party application, which will govern Client's use of such third-party application. CivicPlus Support 24. CivicPlus will use commercially reasonable efforts to perform the Services in a manner consistent with applicable industry standards, including maintaining Services availability 24 hours a day, 7 days a week. Client will have 24/7 access to the online CivicPlus Help Center (civicplus.help) to review use articles, software best practices, receive maintenance release notes, aswell as submit and monitor omni-channel support tickets and access solution specific support contact methods (https://www.civicplus.help/hc/en-us/requests/new). 25. CivicPlus provides live support engineers based in the domestic United States to respond to basic questions concerning use and configuration, to diagnose code-related errors, and proactively identify potential systems issues. CivicPlus support engineers serve a preliminary function in the agile development process and escalate defects to software developers or architects for remediation. For security purposes, CivicPlus support engineers are not permitted to modify user accounts, and permissions nor distribute access outside of accounts established by means of a support interaction for testing. Client delegated Users may receive tutorials and guidance on account modifications but will perform the action themselves. 26. CivicPlus live support engineers are available to respond to User requests between 7:00 am to 7:00 pmCST Monday through Friday, excluding holidays and temporary closures for staff development, of which Client will be provided prior notice. Client is responsible for providing CivicPlus with all User contact updates. After-hours support is available by toll-free phone call only. 4 of 7 Non-emergency support requested outside of support hours will be subject to additional fees, such fees will be quoted to Client at the time of the request and will be subject to Client acceptance and invoiced the next business day following the non-emergency support. CivicPlus shall have the sole discretion to determine whether support requests qualify as an emergency, exceed reasonable use or are outside the scope of services outlined in any SOW. 27. If a reported problem cannot be solved during the first support interaction, Client will be provided a ticket number that will be used as communication method throughout ticket escalation until a solution is provided. Support service does not include support for errors caused by third party products or applications for which CivicPlus is not responsible. Marketing 28. Client hereby authorizes CivicPlus to use Client's name and logo on CivicPlus's website and in sales and marketing presentations. Such authorization may be withdrawn by Client at any time for any reason or no reason at all upon written notice to CivicPlus. Client may publicly refer to itself as a customer of the CivicPlus Services, including on Client's website and in sales presentations. Notwithstanding the foregoing, Ea trademark usage guidelines and solely for the purpose set forth in this §28. In no event will either party issue a press release publicly announcing this relationship without the approval of the other party, such approval not to be unreasonably withheld. Limitation of Liability 29. Recurring Services amountspaid by Client in the year prior to such claim of liability. 30. In no event will CivicPlus be liable to Client for any consequential, indirect, special, incidental, or punitive damages arising out of or related to this Agreement. 31. The liabilities limited by Section 29 and 30 apply: (a) to liability for negligence; (b) regardless of the form of action, whether in contract, tort, strict product liability, or otherwise; (c) even if Client is advised in advance of the possibility of the damages in question and even if such damage the maximum extent permissible. Warranties and Disclaimer 32. Each person signing the SOW, or otherwise agreeing to the terms of this Agreement, represents and warrants that he or she is duly authorized and has legal capacity to execute and bind the respective Party to the terms and conditions of the SOW and this Agreement. Each Party represents and warrants to the other that the execution and delivery of the SOW and the performance ng on such Party and enforceable in accordance with its terms. 33. CivicPlus warrants that the Services will perform substantially in accordance with documentation and marketing proposals, and free of any material defect. CivicPlus warrants to the Client that, upon notice given to CivicPlus of any defect in design or fault or improper workmanship, CivicPlus will remedy any such defect. CivicPlus makes no warranty regarding, and will have no responsibility for, any claim arising out of: (i) a modification of the Services made by anyone other than CivicPlus, even in a situation where CivicPlus approves of such modification in writing; or (ii) use of the Services in combination with a third party service, web hosting service, or server not authorized by CivicPlus. 34. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, CIVICPLUS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A PRIOR COURSE OF DEALING. 5 of 7 35. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY CIVICPLUSTO CLIENT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. Force Majeure 36. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, pandemic, fire, casualty, unanticipated work stoppage, strike, lockout, labor dispute, civic disturbance, riot, war, national emergency, act of public enemy, or other cause of similar or dissimilar nature beyond its control. Taxes 37. The amounts owed for the Services exclude, and Client will be responsible for, all sales, use, excise, withholding and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity in connection with the Services (excluding taxes based s. If the Client is tax-exempt, the Client must provide CivicPlus proof of their tax-exempt status, within fifteen (15) days of contract signing, and the fees owed by Client under this Agreement will not be taxed. If such exemption certificate is challenged or held invalid by a taxing authority then Client agrees to pay for all resulting fines, penalties and expenses. Other Documents 38. This Agreement, including all exhibits, amendments, and addenda hereto and all SOWs, constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement or any SOW will be effective unless in writing and signed by each Party. However, to the extent of any conflict or inconsistency between the provision in the body of this Agreement and any exhibit, amendment, or addenda hereto or any SOW, the terms of such exhibit, amendment, addenda or SOW will prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Client purchase order or other order documentation (excluding SOWs) will be incorporated into or form any part of this Agreement, all such terms or conditions will be null and void, unless such term is to refer and agree to this Agreement . Interlocal Purchasing Consent/ Cooperative Purchasing 39. With the prior s sole discretion, this -state to purchase at the SOW prices and specifications in accordance with the terms stated herein. 40. To the extent permitted by law, the terms of this Agreement and set forth in one or more SOW(s) may be extended for use by other local government entities upon execution of a separate agreement, SOW, or other duly signed writing by and between CivicPlus and the such entity, setting forth all of the terms and conditions for such use, including applicable fees and billing terms. Miscellaneous Provisions 41. The invalidity, in whole or in part, of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 42. The Parties negotiated this Agreement with the opportunity to receive the aid of counsel and, accordingly, intend this Agreement to be construed fairly, according to its terms, in plain English, without constructive presumptions against the drafting Party. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. As 6 of 7 used in this 43. The Parties will use reasonable efforts to resolve any dispute between them in good faith prior to initiating legal action. 44. This Agreement and any SOW, to the extent signed and delivered by means of a facsimile machine or electronic mail, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. The Parties agree that an electronic signature is the legal equivalent of its manual signature on this Agreement and any SOW. The Parties agree that no certification authority or other third party verification is necessary to validate its electronic signature and that the lack of such certification of third party verification will not in any way affect the enf CivicPlus and Client. 45. Due to the rapidly changing nature of software as a service and digital communications, CivicPlus may unilaterally update this Agreement from time to time. In the event CivicPlus believes such change is a material alteration of the terms herein, CivicPlus will provide Client with written notice describing such change via email or through its website continued use of In the event Client rejects the update to the terms herein, Client must notify CivicPlus of its objection within ten (10) days receipt of notice of such update. Acceptance The Parties agree to the terms and conditions of this Agreement by their signature on the SOW. If the SOW does not exist, then provision of these terms to the Client prior to the start of implementation of the Services and use of the CivicPlus Services by the Client shall be deemed acceptance and agreement to the terms and conditions in this Agreement. 7 of 7 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: March 23, 2022 Legal IX.I TITLE OF ISSUE: Project Banjo: Confidentiality And Nondisclosure Covenant ("Agreement") BACKGROUND AND SUPPLEMENTAL INFORMATION: The City Attorney recommends the Council adopt this Agreement which asks the City to maintain confidential "trade secrets" related to a potential development project. Code name, "Project Banjo" is a potential industrial development project. In order to evaluate that project, the developer, Ryan Companies, and their client feel that confidentiality and secrecy is essential for their business purposes. As a general rule, Cities must publicly disclose information in its possession. An exception to that rule requires Cities keep "trade secrets" confidential by withholding that information from the public. This Agreement sets forth the manner in which the City may store, use, and return those trade secrets to the End User. COST AND SOURCE(S) OF FUNDING: Paid for by Ryan Companies REQUESTED COUNCIL ACTION: Motion to approve the attached Confidentiality And Nondisclosure Covenant, and authorizing the City Administrator to execute the document. 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: ___________________________________ CONFIDENTIALITY AND NONDISCLOSURE COVENANT THIS CONFIDENTIALITY AND NONDISCLOSURE COVENANT is made to be rd effective this 23 day of March 2022, for the benefit of a Confidential Client by Ryan Companies US, Inc. or Ryan to the City of Centerville RECITALS A. Ryan is acting on behalf of the Company, which is evaluating potential sites for the location of a facility (the , in particular, the site identified in Exhibit A. B. The Company wishes to remain anonymous and to act through Ryan as its exclusive agent for this purpose. C. In connection with the Project, the Company has authorized Ryan to share the Confidential Information (as defined below) with Recipient including, among other things, the Companys business, plans, operations, results, and financial condition. D. Recipient has agreed to preserve the confidential and proprietary nature of the Confidential Information upon the terms, and subject to the conditions, set forth in this Covenant. THEREFORE, in consideration of Ryan agreement to discuss the Project with Recipient, and for other good and valuable consideration, Recipient hereby agrees as follows: TERMS AND CONDITIONS 1. Confidential Information. As used herein, the term shall be secret as defined below disclosed by the Company or Ryan in connection with and during the term of, this Covenant and designated as "Confidential" by the Company or Ryan at the time of disclosure. Confidential Information for purposes of this Covenant means secret information as defined in the Minnesota Data Practices Act, Minnesota Statutes Section 13.37, Subdivision 1, (b) as follows: (b) "Trade secret information" means government data, including a formula, pattern, compilation, program, device, method, technique or process (1) that was supplied by the affected individual or organization, (2) that is the subject of efforts by the individual or organization that are reasonable under the circumstances to maintain its secrecy, and (3) that derives independent economic value, actual or potential, 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 provided, however, that the term shall not include information which (i) is or becomes generally available to the public other than as a result of a disclosure by Recipient or any of its directors, officers, employees, agents, counsel, consultants or other representatives (hereinafter, esentatives), or any other person to whom the Recipient discloses such information (whether orally or in writing), in violation of this Covenant, (ii) was within possession or actual knowledge prior to the information being furnished to Recipient in connection with this Covenant, provided that the source of such information was not bound by a confidentiality agreement with or similar obligation to the 1 | Page City of Centerville - Ryan Companies - NDA - version 03182022-1 Company with respect to such information, (iii) becomes available to Recipient on a non- confidential basis from a source other than the Company, provided that such source is not bound by a confidentiality agreement with or similar obligation to the Company with respect to such information, (iv) is independently developed by Recipient under circumstances not involving a breach of this Covenant by Recipient and without use or reference to any Confidential Information, or (v) is publicly disclosed pursuant to a lawful requirement or request from a governmental agency acting within its jurisdiction. 2. Proprietary Nature and Use of Confidential Information. In addition to the other restrictions set forth elsewhere in this Covenant, Recipient agrees to implement all reasonable measures to safeguard the Company's proprietary rights in the Confidential Information, including without limitation the following measures: (i) Recipient shall only permit access to the Confidential Information to those employees who require access and only to the extent necessary to perform Recipient 's internal processing needs except as otherwise required by the Minnesota Data Practices Act; and (ii) Recipient shall cooperate with the Company and Ryan in the enforcement of the conditions set forth in this Covenant. 3. Disclosure and Confidentiality of Confidential Information. Except as required by the Minnesota Data Practices Act, Recipient will not, without the express written consent of the Company or Ryan, at any time, (i) divulge, furnish, disclose or make accessible to any person, firm, organization or corporation, other than the Company, in any manner whatsoever, any Confidential Information, or (ii) use any Confidential Information for Recipients own benefit or for the benefit of any person, firm, organization or corporation, other than the Company. The Recipient shall immediately notify Ryan or the Company, in writing, of any unauthorized disclosure, misappropriation or misuse by any individual or entity of the Confidential Information of which the Recipient is aware. Pursuant to the Minnesota Data Practices Act, confidential information shall not include this Confidentiality and Nondisclosure Covenant. 4. Ownership and Return of Information. All Confidential Information of the Company disclosed to Recipient shall be, and remain the property of the Company. Recipient shall not obtain any rights in Confidential Information. Except as required by the Minnesota Data Practices Act, including the data retention provisions thereof and all other data retention requirements in Minnesota Statute and Federal Law, upon the written request of the Company or Ryan, Recipient shall destroy or return promptly to the Company or Ryan, without retaining any copies, all Confidential Information received in connection with the discussions contemplated herein. Upon a request made by the Company or Ryan, the City Attorney shall certify that all Confidential Information has been destroyed or returned pursuant to this Section 4 or that such Confidential Information must be retained by Recipient pursuant to the Minnesota Data Practices Act, other State Statute or Federal Law. 6. Non-Binding Nature of Discussions. This Covenant is not intended to, and does not, obligate Ryan, the Company or Recipient to enter into further agreements or to proceed with the Project or any other potential relationship or transaction. 7. Remedies. Company and Ryan represent that the Confidential Information referred to herein is of such character as to render the same unique and that disclosure or use thereof in 2 | Page City of Centerville - Ryan Companies - NDA - version 03182022-1 violation of this Covenant may cause irreparable damage to the Company and to Ryan business and fiduciary relationship with the Company. Recipient agrees and consents that in the event that any action or proceeding for specific performance or injunctive relief shall be instituted by Ryan, or by the Company as third-party beneficiary or assignee of this Covenant, to enforce any provision of this Covenant, Recipient waives the claim or defense in such action that there is adequate remedy at law available to the Company or Ryan, and Recipient shall not urge in any such action or proceeding the claim or defense that such remedy at law exists. The remedies of specific performance and injunctive relief are the sole remedies available to the Company and Ryan, and the Company and Ryan waive and relinquish any claim or award for damages or other relief. If the Company or Ryan make any claim for damage or relief other than specific performance and injunctive relief, this Covenant shall automatically be null and void, and the Recipient shall not be deemed to have any obligations under this Covenant. 8. Governing Law. This Covenant shall be governed by, and construed in accordance with, the internal laws of the State of Minnesota, without regard to the rules of conflict of laws thereof. 9. Waiver. Failure by the Company, as third party beneficiary, or Ryan to insist upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such terms, covenants or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. All waivers must be in writing and signed by the duly authorized representative of the party sought to be bound. 10. Severability. The provisions of this Covenant are not divisible. If any such provision shall be deemed invalid or unenforceable, as to any periods of time, territory, or business activities, such provision shall render this Covenant invalid, unenforceable, null and void 11. Execution by Facsimile or Electronic Mail. Recipient agrees that facsimile or electronic mail execution and delivery of this agreement shall constitute a legal, valid, and binding execution and delivery of this Covenant for all purposes. 12. Term of Covenant. The obligations of confidentiality under this Covenant shall terminate three (3) years from the date hereof, unless this period is extended by a mutual, written agreement of the parties. 13. Assignment. The Recipient may not assign any or all of its rights or obligations under this agreement without the prior written consent of the Company or Ryan. Any unauthorized assignment shall be void and of no effect. No permitted assignment shall relieve the Recipient of its obligations hereunder with respect to Confidential Information disclosed to it prior to such assignment. Subject to the foregoing limitations, this agreement will mutually benefit and be binding upon the parties and their permitted successors and assigns. Ryan may assign this agreement to the Company at any time. 14. Third-Party Beneficiary. It is agreed and acknowledged that the Company is an intended third-party beneficiary of this Agreement, the primary party in interest, and actual promisee of any commitments, obligations or promises made under this Covenant by Recipient. It is further agreed 3 | Page City of Centerville - Ryan Companies - NDA - version 03182022-1 and acknowledged that the Company remedies are limited to specific performance and injunctive relief for the enforcement of any breach of this Covenant and that the Company may not sue for damages or other relief for a breach of this Covenant. 15. Notices. All notices and other communications provided for in this Agreement shall be given in writing and addressed as follows: Ryan Companies US, Inc. Attn: Dan Mueller, Vice President Address: 533 South Third Street, Suite 100, Minneapolis, MN 55415 Phone: 612- 492-4687 Email: dan.mueller@ryancompanies.com Ryan Companies US, Inc. Attn: Debra Altschuler, Senior Real Estate Attorney/Vice President Address: 533 South Third Street, Suite 100, Minneapolis, MN 55415 Phone: 612- 492-4687 Email: debra.altschuler@ryancompanies.com City of Centerville Mark Statz, City Administrator Centerville City Hall 1880 Main Street Centerville, MN 55038 651-429-3232 MStatz@Centervillemn.com And to: Kurt B. Glaser, City Attorney Berglund, Baumgartner, Kimball, & Glaser, LLC 333 Washington Avenue North 501 Union Plaza Building Minneapolis, MN 55401 612-333-6513 KGlaser@BBKGLaw.com 16. Miscellaneous. This agreement contains the entire understanding between Ryan, the Company, and the Recipient, and supersedes all prior or contemporaneous written or oral communications, understandings, and agreements between Ryan, the Company, and the Recipient relating to the subject matter hereof. This agreement may not be modified except by a writing signed by the duly authorized representatives of both parties. The cost of compliance with this Confidentiality and Nondisclosure Covenant, excluding the cost of enforcement remedies as set forth in Section 7, shall be borne by Ryan. 17. Warranty of Authority. Ryan represents and warrants that it is authorized to act for the Company and bind the Company to the terms of this Covenant. 4 | Page City of Centerville - Ryan Companies - NDA - version 03182022-1 IN WITNESS WHEREOF, the undersigned duly authorized representatives of Recipient and Ryan have executed this Covenant as of the day and year first above written, as evidence of their intent to be bound by the terms hereof. THE CITY OF CENTERVILLE By: Printed Name: Mark Statz Title: City Administrator Date: RYAN COMPANIES US, INC. By: ________________________________ Printed Name: Dan Mueller Title: Vice President Date: ___________ 5 | Page City of Centerville - Ryan Companies - NDA - version 03182022-1 6 | Page City of Centerville - Ryan Companies - NDA - version 03182022-1 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: March 23, 2022 EDA TITLE OF ISSUE: 2022-2024 EDA Strategic Plan BACKGROUND AND SUPPLEMENTAL INFORMATION: At the March 16, 2022 EDA meeting the Board reviewed their 2022-2024 EDA Strategic Plan, and made a motion to recommend that council endorse the plan. COST AND SOURCE(S) OF FUNDING: No cost at this time. The plan identifies goals, not cost and founding source(s) REQUESTED COUNCIL ACTION: Motion to endorse the 2022-2024 EDA Strategic Plan. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Strategic Plan Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ EDA STRATEGIC PLAN 4 202 CITY OF CENTERVILLE 2022 Ï that will encourage ville of Center city edevelopment. r of the benefit view or businesses locating to the city for the rking o rse points of w to enhance the lives of our citizens. dive unity comm the to promote and sustain economic development, e facilitators of economic growth and stabilitye all on the same team, mbrace our rich and ar e ar eee WWW Authority Provide assistance to our local businessesinvestment in ECONOMIC DEVELOPMENT AUTHORITY Guiding PrinciplesScopeEDA mission ALS Guide RedevelopmentSpur New DevelopmentIncrease Business EngagementMarket & Promote our City O PLAN G TEGIC A STR 202 2022 Ï Leverage Revitalization GrantsPromote Revolving Loan and Façade Grant ProgramShift Downtown Plan to Waterfront FocusDevelop Business Incentives Toolkit (TIF, Tax Abatement, etc.) Infrastructure Investment: Streetscaping, Parking, etc.Prioritize Sites for InvestmentGauge Property Owner Interest in Redevelopment GUIDE REDEVELOPMENT Intentional Outreach to Desired BusinessesEngage with Vacant Property Owners & Real Estate AgentsAssist with Market StudiesPromote Shovel-readiness SPUR NEW DEVELOPMENT te des Lacs Outreach tunities Visits mote City Mobile o r Continue Business-Centered Email BlastsPAppHighlight FeOppor ¤BRE ¤¤¤ Using & y Markets a eterans Shop Local Campaign Encourage Incentives forShopping LocalMobile AppEncourage Discounts forVSeniors ¤Holid¤¤¤ ngthen emony tnerships Business Appreciation CerParRibbon Cuttings ¤Annual Awards¤Sponsorship Recognition¤Continue to Stre¤Ground Breakings, INCREASE BUSINESS ENGAGEMENT ty and Agency ned and Blue eet Beautification bsite & Social Media etc. omotional Items o Sign Programs tners: DEED, HBA, Quad Area Chamber, RED esence: expand business directory, proper operties; EDA packet for potential businesses, Establish Prominent WePrlistings,Create/Revise Marketing Materials: brochureshighlighting community assets and city-owprIncrease Participation in CenterStageLogContinue to Strengthen Relationships with ParACContinue Investments in Main Strand Pr MARKET & PROMOTE OUR CITY Please give us your feedback on this draft set of goals.Next steps would be to finalize these and present them to the City Council.Implementation Begins Now! ADDITIONAL GOALS??? CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: March 23, 2022 EDA IX.III TITLE OF ISSUE: EDA Letter to Residents in the Downtown Area BACKGROUND AND SUPPLEMENTAL INFORMATION: At the March 16, 2022 EDA approved their 2022-2024 Strategic Plan, outlining their goals for the next three (3) years. Redevelopment is one of the goals the EDA would like to focus on; at their last meeting, the EDA reviewed a letter the would like to send to residents in the downtown area gauging their interest in talking with a developer(s). Staff will keep track of who is and who is not interested in talking with a developer(s). The EDA requested that the city council endorse the letter, prior to it being sent. COST AND SOURCE(S) OF FUNDING: REQUESTED COUNCIL ACTION: Motion to endorse the EDA letter to be sent to downtown residents gauging their interest in talking with a developer(s). For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ EDA Letter Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ Date:March31,2022 DowntownPropertyOwner StreetAddress Centerville,MN55038 DearPropertyOwner: Wewantedtoreachouttoletyouknowthecityisreceivingalotofinterestindowntown redevelopment.Unliketheredevelopmentproposalin2006,thecityisnotworkingwithone developer,exclusively,norisitseekingaMasterDevelopertoredevelopallofdowntownatonce. Citystaffwouldliketoknowifyouwouldbeinterestedintalkingwithadeveloper,andifsoif wecouldgiveyourinformationtoadevelopertocontactyou? Tobeclear,citystaffismerelytryingtofindoutwhatyourinterestisintalkingwithadeveloper. PleasecontactCityAdministratorMarkStatzat651792orMstatz@centervillemn.com withanyquestions. Sincerely, JeffHanzal,PresidentEDA CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: March 23, 2022 Administration IX.4 TITLE OF ISSUE: Resolution 22-0XX Supporting Policies related to Public Safety Mental Health BACKGROUND AND SUPPLEMENTAL INFORMATION: Please see the attached resolution and background information which includes references to specific legislation which this resolution intends to support. COST AND SOURCE(S) OF FUNDING: No cost. REQUESTED COUNCIL ACTION: Motion to approve Resolution #22-0XX Supporting Policies related to Public Safety Mental Health. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Background information Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE STATE OF MINNESOTA Res. #22-0__ A RESOLUTION SUPPORTING STATEWIDE POLICIES AND RESOURCES FOR PUBLIC SAFETY MENTAL AND PHYSICAL INJURY EDUCATION, PREVENTION, AND TREATMENT WHEREAS, the City of Centerville recognizes the inherent dangers faced by peace officers and firefighters in the line of duty; and WHEREAS, the duties performed by public safety employees sometimes lead to physical and mental injuries; and WHEREAS, the number of public safety employees seeking duty disability determinations through the Public Employees Retirement Association (PERA) and making workersÓ compensation claims for line- of-duty injuries is accelerating at an unsustainable rate; and WHEREAS, every injury that leads to a PERA duty disability retirement and/or workersÓ compensation claim impacts the employee, the employeeÓs family and the employeeÓs organization; and WHEREAS, the current system for processing and addressing duty disability benefits can be incompatible with the goal of restoring good health and returning employees to work; and WHEREAS, the fiscal impact of the increasing number of claims is unsustainable for employers and, ultimately, taxpayers; and WHEREAS, public safety agencies, particularly those that are small and already experiencing recruitment and retention challenges, will not remain viable if they continue to sustain significant personnel losses; and WHEREAS, cities across Minnesota have invested resources into mental and physical injury education, prevention and treatment; and WHEREAS, experts, including those experienced with treating combat veterans, report that with successful treatment, many injured public safety employees can achieve optimal outcomes of restoring good health for themselves, their families and return to work; and WHEREAS, cities cannot solve this challenge on their own and need the state to help address the policy and financial issues related to public safety, duty disability trends. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CENTERVILLE that this council supports: Full state funding for the Public Safety Officer Benefit Account that reimburses employers for providing continued health insurance to police officers and firefighters injured in the line of duty and dependents of those killed (Minn. Stat. § 299A.465); and Funding to reimburse local governments for providing paid time off to public safety employees who experience work-related trauma and/or are seeking treatment for a mental injury; and Funding for initiatives and programs that provide peer support, emotional trauma training, early intervention and mental health treatment; and Requiring public safety college programs to include mental health and specifically PTSD education as part of their curriculum, focusing on prevention; and Funding for emotional trauma training for pre-service and in-service public safety officers; and Advancing wellness for public safety employees. Passed by the City Council of the City of Centerville this 23rd day of March 2022. Mayor, D. Love Attest: City Clerk, Teresa Bender Administrator/EngineerÓs Report March 23, 2022 PARKS AND RECREATION Park Board Vacancy The Parks and Recreation Committee has a vacancy. To apply, please submit an application by completing an online form: click here or stop in to city hall to obtain an application. Volunteers Needed Î Fete des Lacs The Fete des Lacs Committee is looking for volunteers to take on the roles of Parade Coordinator and 5K/8K Run Coordinator (two separate positions). Call City Hall if interested 651-429-3232. Skate Park The Parks and Recreation Committee continues to look for the publicÓs input on the existing Wheels Skate Park at Laurie LaMotte Memorial Park. The facility is nearing the end of its useful life and there are important decisions regarding its future that need to be made and taken into consideration (i.e. complete some major maintenance on the existing equipment, buy new modular ramps, rails and the like) or make a major investment in a poured concrete facility? Send us your thoughts at info@centervillemn.com. Staff has received word from the MN Amateur Sports Commission that they are currently evaluating their Skate Park Grant Program. It is our understanding that there is still available funding leftover from the 2021 program and that additional funding may be available as well. Staff has signed up to receive updates about this grant program. 2021SKATEPARKGRANTPROGRAM InformationandGuidelines Trees in Eagle Park The thinning of tree has been completed at Eagle Park. The contractor has stated that they will be back to ensure that the stumps are at least 2Ñ or less from the ground when snow melts. LaMotte Park Ballfield Repairs The ag-lime has been received at LaMotte Park ballfield and will be spread by Staff as time/weather conditions allow. P.W. Staff has drafted a contract and waiting for insurance from the contractor for services to repair the backstop at LaMotte. Lions Donation for Park Signage The Tracie McBride Park monument marker was shored up last fall and is scheduled to receive sanding and staining this summer with the assistance of the Seasonal Staff. Materials were paid, in part with funds from the Lions Club. ADMINISTRATION Strategic Plan Î 2022-2023 Following CouncilÓs Retreat, Facilitator Susan Love, compiled CouncilÓs draft Strategic Plan, which is included in CouncilÓs packet for Work Session discussion. The Plan includes CouncilÓs discussion/direction, staff reporting and associated goals. The retreat was very well appreciated and effective, Council has reported. Recent Ordinance Amendments Home Occupation Î Auto Repair A letter outlining the revised ordinacne was forwarded to a resident who, in the past, has been presumed to have been operating an auto repair business from the home. Staff is aware that, at this time, the individual is employed elsewhere and we have received no recent complaints. Another resident, presumed to have been operating, has moved from the City prior to adoption of the new code. Meeting and City Hall Schedule April 5 , 2022, 6:30 p.m. - Planning & Zoning Commission meeting (Zoom capabilities Î see website calendar) April 6, 2022, 6:30 p.m. Î Parks & Recreation Committee meeting (Zoom capabilities Î see website calendar) April 13, 2022 6:30 p.m. City Council Meeting April 20, 2022, 2022 6:30 p.m. Î Economic Development Authority ECONOMIC DEVELOPMENT Quad Area Chamber of Commerce nd Townhall & Listening Session Î March 22 & April 12 Î 6-7 pm Centennial Library (Rep. Donald Raleigh) th Senior Wellness Day & Expo Î May 19 Î 10 Î 2 St. GenevieveÓs Business Expos o Centerville Fete des Lacs Î July 12-17 o Lino Lakes Blue Heron Days Î August 18, 19, 20 o Lexington Fall Fest Î September Speed Networking Event The Quad Area Chamber hosted a speed networking event at St. MarkÓs Church in Circle Pines and there were approximately twenty (20) people who attended. Representatives of businesses from Centerville, Lino Lakes, and Forest Lake attended. A few of the businesses that were represented include Hampton Inn & Suites, Express Employment Services, the Department of Corrections, Marketeers, and Toast Masters (Lino Lakes). This was a successful event! Look for future events like this on a quarterly basis. Beyond the Yellow Ribbon City staff and the Quad Area Chamber met to discuss ways to enhance veterans programs for Centerville residents. There were a lot of ideas generated, and a follow-up discussion will take place in the next couple of weeks. Anoka County Regional Economic Development (ACRED) While there is no formal update from ACRED, the EDA talked about their role at the PGA/3M open in July. The EDA discussed inviting people who are interested in locating in Centerville. Economic Development Authority (EDA) The EDA approved their 2022-2024 EDA Strategic Plan, outlining their goals for the next three years. EDA goals are to: Guide Redevelopment Spur New Development Increase Business Engagement Market & Promote Centerville The EDA also discussed their involvement with Parks & Rec. in their Halloween Trunk or Treat event and explored ideas for holiday decorations this year. Hugo Business Association (HBA) Hugo Area Business Association - HBA held their monthly meeting on March 7th. They talked about their upcoming Egg Hunt on April 9th at Hanifl Fields from, 9am-10:30am, and also from 12:00pm- 1:30pm. This is a hugely popular event. COMMUNITY DEVELOPMENT Block 7 Property (Downtown) Î ÐSorel QuarterÑ Centra Homes and city staff met on March 18 to discuss the countyÓs request for additional right-of-way along the west side of Centerville Road. The developer will be having their engineers and landscape architects review the impacts of this request. We believe that both the city and developer can accommodate the additional width, making for a better future condition, when the road needs change. The updated drawings will be submitted along with application for Final Plat at an upcoming City Council meeting. Centerville Elementary School Expansion Progress continues. The work will be complete this summer and ready for students in the fall. stnd Old Mill Estates 1 and 2 Additions A Letter of Credit reduction was granted at the last City Council meeting. The city still retains more than $80,000 in a letter of credit as well as a 2-year warranty bond on the public improvements. The City is in discussion with the homeowner near the cul-de-sac on Old Mill Court, exploring alternative routes for the trail. The city will continue to hold security for the completion of the trail until this process plays out and the trail link is completed. Staff recently re-engaged with a contractor who provided the lowest preliminary estimate for the work and will firm up a quote from them to see if the project is feasible within the homeownerÓs budget. th Centerville Storage (20Ave. Mini Storage) A few items remain to be completed prior to allowing the facility to be opened, including some fence work. The developer has been actively engaging with city and fire department staff and is nearing completion. Bay View Villas (Waterworks Site) The vast majority of the project work is now done. Some lakeshore plantings and final landscaping items remain. Mailboxes are now in and the pond has been dredged to final grade. Atlas Villas Memory Care Project (1825 Main Street) The developer advised that they are completing interior finishes in about 3 weeks and opening for business around June 1st. Rehbein Commercial Infrastructure work is now, largely complete, with the sewer, water and stormwater having been installed. The street (Michaud Way) has been constructed up through the base course of asphalt. The wearing course will be installed next year if there are no settlements or other issues. The contractor is working through punch list items and will be completing the trail and sidewalks next year. Kwik Trip Staff has been working with Kwik TripÓs staff to get securities and other agreements in place. The owner has communicated that construction could begin by mid-summer, 2022. Norbella Senior Living Norbella has now broken ground on the site, installing utilities and excavating for the foundation and parking lot. Work will continue within the building through the winter and the facility will open to residents by early September. Peterson Shores The developer has signed necessary agreements and is authorized to file the plat. Rehbein Industrial Work on the extension of Fairview Street has been completed, up through the gravel base of the road, including sewer, water and stormwater utilities. Curb and paving will follow in the Spring. Sutton Transport The site has been graded and is ready for construction, once agreements are finalized. SuttonÓs builder has submitted plans for review by the cityÓs building department. 2050/2070 Main Street Î American Building Supply The site plan for American Building Supply was approved by the City Council at their last meeting. The developer was closing on the property at the time this report went to print. The contractor intends to begin construction on the site and in the building, almost immediately. Max Storage (Fairview Street) The City Council approved the proposed development consisting of 2 buildings, each with 8 for-lease units which would include a large overhead door, and enough space (50Ó x 26Ó) to house equipment for small contractors working in the trades. The heated units would also be available for rental to store personal items, such as RVs, boats and other large equipment. The next step will be to record the Conditional Use Permit and wait for a building permit submittal from the builder. Project Banjo The city is in receipt of zoning applications for a 141,000 square feet fulfillment center for a large online retailer. The facility would include a large covered loading area for delivery vans and may employ as many as 543 people. The project would be located on the 40 acres of land thst between 20 and 21 Avenues, north of Fairview Street. Staff is reviewing their application and will be presenting preliminary information to the Planning Commission on April 5, 2022. A formal public hearing is anticipated for May 3, 2022 at 6:30 PM. Development Inquiries Developer looking at City-owned 1737 Main Street CODE ENFORCEMENT General Temporary Signs Front yard parking and storage of materials COMMUNITY ENGAGEMENT Web Site Social Media AdministratorÓs Report uploaded Center Stage Committee Agendas/Packets uploaded Meeting Agendas Public Hearings Reader Board Meeting Schedules Community Email List Community Events AdministratorÓs Report Meeting Agendas FINANCE American Rescue Plan (ARP) The City Council reviewed information from the Finance Director regarding the eligibility of certain expenses and the opportunity to recover lost revenue. The US Treasury has now finalized their guidance on lost revenue, which provides a flat amount for recovery by each city, which is well above CentervilleÓs allotment. If funds are allocated for lost revenue, they must simply be spent on general government expenses. Council has not made formal commitments yet. Annual Audit The cityÓs Auditors will be engaging with city staff and elected official next week to complete our annual audit. This process ensures the cityÓs policies and procedures are up to date with current laws and best practices. STORMWATER/WETLAND City staff, partner agencies and consultants worked together to submit over 115 separate documents to the Minnesota Pollution Control Agency (MPCA) on Friday, March 11, ahead of our random audit of our NPDES MS4 permit; the permit that authorizes cities to operate stormwater systems. Our meeting with MPCA staff will be on April 12, 2022 and will consist of a 3-hour review of our submittal. SEWER AND WATER Commercial Water Connection Fee Assistance As part of the cityÓs ongoing effort to help businesses through the pandemic, a new program was introduced, cutting connection fees for city water in half, for commercial properties. If you own a commercial property in Centerville that is not currently hooked to city water, and are interested in learning more, please call City Hall. The program is offered for a limited time only and is subject to conditions. The city sent information on this program to a business that owns two commercial buildings. Wellhead Protection Plan Staff has been working to secure bids on the well sealing for which a grant was obtained. The Minnesota Department of Health has requested a meeting to kick-off the implementation of the cityÓs Part-2 Wellhead Protection Plan, in early April. Teresa Bender From:Mathiasen, Beverly <BMathiasen@republicservices.com> Sent:Monday, March 14, 2022 10:10 PM To:Mark Statz; Teresa Bender; Athanasia Lewis Subject:Republic Services Polymer Center Caution:Thisemailoriginatedoutsideourorganization;pleaseusecaution. 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